* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:01] I CALL THIS MEETING OF THE LAGO VISTA CITY COUNCIL TO ORDER. IT IS THREE O'CLOCK 3:00 PM A QUORUM IS PRESENT. UH, A QUICK ROLL CALL. UH, PLEASE NOTE THAT WE HAVE ALL OF OUR COUNSELORS IN ATTENDANCE WITH THE EXCEPTION OF MAYOR SHANE SOM, WHO HAS AN EXCUSED ABSENCE. THE [II. EXECUTIVE SESSION (Part 1 of 2)] COUNCIL WILL NOW CONVENE INTO EXECUTIVE SESSION AS AUTHORIZED BY THE TEXAS GOVERNMENT CODE CHAPTER 5 5 1. THE MATTERS, UH, TO BE DISCUSSED OR AS FOLLOWS, CONSULTATION WITH CITY ATTORNEY CONCERNING ALL REGULAR MEETING AGENDA ITEMS REQUIRING CONFIDENTIAL ATTORNEY-CLIENT ADVICE AS NEEDED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071. CONSULTATION WITH CITY ATTORNEY PURSUANT TO GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND CONSIDER AUTHORIZATION FOR THE ISSUANCE OF AN ADMINISTRATIVE SUBPOENA FOR PURPOSES OF DATA COLLECTION. ITEM THREE, CONSULT WITH CITY ATTORNEY CONCERNING THE PURCHASE OF PROPERTY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.072. ITEM FOUR, CONSULTATION WITH CITY ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND RECEIVE LEGAL ADVICE REGARDING THE AIRPORT MAINTENANCE AGREEMENT. ITEM FIVE, CONSULTATION WITH CITY ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND RECEIVE LEGAL ADVICE REGARDING THE TESERA MAINTENANCE AGREEMENT. AND ITEM SIX, CONSULTATION WITH CITY ATTORNEY REGARDING UPDATE ON CAUSE NUMBER D ONE GN 2364, CAL CAPITAL LLC VERSUS CITY OF LAGO, VISTA, TEXAS GOVERNMENT CODE SECTION 5 5 1 7 1. BEFORE WE HEAD INTO EXECUTIVE SESSION, IS THERE ANY REGULAR AGENDA ITEMS THAT COUNSEL WOULD LIKE TO GO AHEAD AND STATE THAT THEY'RE GONNA BE ASKING QUESTIONS BEFORE WE GO? ALRIGHT, WITH THAT, WE WILL NOW CONVENE INTO EXECUTIVE SESSION. THANK YOU. THANK YOU. SO [III. ACTION ON EXECUTIVE SESSION ITEMS] THE COUNCIL IS NOW RETURNING FROM EXECUTIVE SESSION. THE TIME IS 4 0 6. AND SO NOW I WILL BE GOING THROUGH EACH OF THE, UM, ITEMS AND, UH, BUT BEFORE I DO THAT, UH, BRAD, CAN I GO AHEAD AND HAVE YOU GIVE A SUMMARY OF THE EXECUTIVE SESSION ITEMS? YES, MA'AM. LET'S SEE. MAYOR, PRETEND. SO WE, UM, WE DISCUSSED SEVERAL ITEMS IN, IN EXECUTIVE SESSION. UM, UH, FIRST IS, UH, ON, ON ITEM NUMBER, UM, I'LL START WITH ITEM NUMBER TWO. UM, UH, THIS RELATES TO THE, UH, SHORT TERM RENTALS IN THE CITY AND, UH, UH, PREVIOUSLY, UH, COUNCILOR CHAVARRIA HAD MADE A REQUEST TO, UH, FTR PLATFORMS TO PROVIDE, UM, TAX INFORMATION. THEY RESPONDED THAT THEY REQUIRED SOMETHING LIKE AN ADMINISTRATIVE SUBPOENA. UM, SO NUMBER ONE I'M RECEIVING DIRECTION TO, TO REACH OUT TO THEM TO ASK THEM TO, TO PROVIDE THIS INFORMATION. BUT THE OTHER THING THAT WE'RE GONNA DO IS I WILL PROVIDE TO CHARLES, UM, A, UH, A, A VERSION OF AN ORDINANCE APPLICABLE FOR LAGO VISTA, WHICH ONE OF THE OTHER CITIES I REPRESENT JUST PASSED RELATED TO, UH, IMPOSING UPON THE PLATFORMS, THE OBLIGATION TO COLLECT HOT TAX AND THEN REMIT IT TO THE CITY. AND SO THEY WILL DO THAT IF A CITY PASSES THE APPROPRIATE ORDINANCES. WE JUST DID THAT FOR LOCKHART. SO I'M GONNA BE ABLE TO PROVIDE YOU WITH WHAT LOCKHART JUST PASSED, I THINK A MONTH OR TWO, A MONTH AND A HALF AGO, UM, AND TAILOR IT TO LAGO VISTA AND PROVIDE THAT. SO THAT WILL BE ON AN UPCOMING AGENDA SO THAT WE CAN GET THAT ORDINANCE IN PLACE AND PASSED SO THAT YOU WILL GET AUTOMATICALLY REMITTED, UH, HOT TAX OVER FROM ANY STR THAT USES ONE OF THOSE. ANY OF THE PLATFORMS, UH, THAT, THAT, THAT RAN OUT STRS. UM, SO WE DISCUSSED THAT. WE ALSO DISCUSSED, UM, UM, CHARLES GAVE AN UPDATE ON, ON PURCHASE OF PROPERTY. UM, UH, I DON'T THINK THERE'S GONNA BE ANY ACTION COMING OUTTA THAT. I ALSO PROVIDED YOU WITH AN UPDATE, UH, REGARDING, UM, MY EDITS TO A PROPOSED AIRPORT MAINTENANCE AGREEMENT AND THAT WILL BE PROVIDED SOON. UM, AND THEN WE ALSO DISCUSSED ISSUES RELATED TO THE CURRENT, UH, TO SARAH MAINTENANCE AGREEMENT [00:05:01] AND, UM, I RECEIVED DIRECTION, UM, TO, UM, REVIEW THAT. I'M GONNA WORK WITH CHARLES ON THAT AND WE WILL ULTIMATELY BE, UH, SENDING OUT SOME CORRESPONDENCE ON THAT. THOSE WERE THE ITEMS. UH, OH WAIT. UM, AND THEN I ALSO GAVE YOU A, AN UPDATE ON THE, THE LITIGATION, THE KLUM CAPITAL LITIGATION AND RECEIVED SOME DIRECTION BACK FROM THE CITY, UM, COUNCIL ON THAT AND THEN TRYING TO REMEMBER IF THERE WERE ANY OTHER REGULAR AGENDA ITEMS. I DON'T THINK THERE WERE. OKAY. ALRIGHT, CHARLES, CAN I HAVE YOU GO AHEAD AND GIVE INFORMATION ON, ON THE, IS THERE ANY UPDATE THAT'S APPROPRIATE FOR THE PROPERTY? UH, THERE'S NO ACTION. WE'RE STILL WAITING ON THE APPRAISAL FOR THAT LAST PIECE OF PROPERTY THAT WE'RE LOOKING FOR. OKAY. ALRIGHT. WITH THAT I WILL GO AHEAD AND, UH, READ THESE ITEMS IN AND, UH, REQUEST FOR, UM, AN ACTION FROM COUNSEL OR NOT. UH, ITEM NUMBER ONE, UH, CONSULTATION WITH CITY ATTORNEY CONCERNING ALL REGULAR MEETING AGENDA ITEMS REQUIRING CONFIDENTIAL ATTORNEY CLIENT ADVICE AS NEEDED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071. I'LL ENTERTAIN A MOTION. NO ACTION MAYOR. OKAY, NO ACTION. THANK YOU. UH, ITEM NUMBER TWO, CONSULTATION WITH CITY ATTORNEY PURSUANT TO GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND CONSIDER AUTHORIZATION FOR THE ISSUANCE OF AN ADMINISTRATIVE SUBPOENA FOR PURPOSES OF DATA COLLECTION MAYOR PRO TEM, NO ACTION . UH, ITEM NUMBER THREE, CONSULT WITH CITY ATTORNEY CONCERNING THE PURCHASE OF PROPERTY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.072. NO ACTION. THANK YOU. ON ITEM NUMBER FOUR, CONSULTATION WITH CITY ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND RECEIVE LEGAL ADVICE REGARDING THE AIRPORT MAINTENANCE AGREEMENT. NO ACTION. THANK YOU. ON ITEM FIVE, CONSULTATION WITH CITY ATTORNEY PURSUANT TO TEXAS GOVERNMENT CODE SECTION 5 5 1 0.071 TO DISCUSS AND RECEIVE LEGAL ADVICE REGARDING THE TERA MAINTENANCE AGREEMENT. NO ACTION. THANK YOU. AND ON ITEM NUMBER SIX, CONSULTATION WITH CITY ATTORNEY REGARDING UPDATE ON CAUSE NUMBER D ONE GN 2,364. CALEB, CAPITAL LLC VERSUS CITY OF LAGO, VISTA, TEXAS GOVERNMENT CODE SECTION 5 51 0.071. NO ACTION. THANK YOU. ALRIGHT. OOPS. THANK YOU. AND AT THIS TIME PLEASE STAND FOR THE PLEDGE OF ALLEGIANCE, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH STANDS, ONE NATION UNDER GOD, INVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. AND NOW THE TEXAS FLAG, HONOR THE TEXAS HONOR TEXAS FLAG, MY P ALLEGIANCE TO BE TEXAS. TEXAS, ONE STATE, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. AND IF EVERYONE WILL PLEASE REMAIN STANDING. I WOULD LIKE TO BRING UP, UH, KEN LOWER. THANK YOU. THANK YOU. WELL, I'M BLESSED TO GET TO BE HERE TODAY, SO THANK YOU FOR ALLOWING ME TO, UH, HAVE A PRAYER TODAY. TODAY'S THE NATIONAL DAY OF PRAYER, SO, UH, VERY APPROPRIATE. SO, SO FATHER, IN THE NAME OF THE LORD JESUS CHRIST, I ASK YOUR BLESSINGS UPON THIS MEETING. LORD, I ASK YOU TO BLESS THE, THE MAYOR AND THE MAYOR PROTE AND ALL COUNCIL MEMBERS LORD IN JESUS NAME, THANK YOU FOR THEIR, FOR THEIR TIME AND THEIR COMMITMENT TO, UH, SECURING THINGS FOR OUR CITY AND MAKING IT EVEN A BETTER PLACE TO LIVE. AND IT, IT ALREADY IS. LORD, WE JUST, UH, WE'RE GRATEFUL FOR WHAT THEY DO. WE ASK THAT YOU GIVE THEM WISDOM AND GUIDE THEM IN ALL THE DECISIONS THEY MUST MAKE, LORD. AND WE ASK THESE THINGS IN THE MIGHTY NAME OF JESUS I PRAY. AMEN. AMEN. THANK YOU. LET ME BE SEATED. OH, DID IT BACKWARDS. I'M SORRY. THAT'S ALL RIGHT. NOW YOU DO YOUR PROCLAMATIONS. PROCLAMATIONS. ALL RIGHT. THANK YOU. UM, [Additional Item] I'M REALLY THRILLED. TONIGHT WE HAVE A COUPLE OF PROCLAMATIONS THAT WE WILL NOW, UH, BE GIVING TONIGHT. WE HAVE THE OPPORTUNITY TO RECOGNIZE TWO GROUPS THAT QUIETLY CARRY TREMENDOUS RESPONSIBILITY FOR OUR COMMUNITY EVERY DAY. OUR LAW ENFORCEMENT PROFESSIONALS AND OUR PUBLIC WORKS TEAMS BOTH SERVE IN VERY DIFFERENT WAYS, BUT EACH IS ESSENTIAL TO THE SAFETY FUNCTION AND QUALITY OF LIFE FOR LAGO VISTA. AT THIS TIME I'M GOING TO READ THE FIRST PROCLAMATION, PROCLAMATION. ONCE I'M DONE READING THIS PROCLAMATION, THEN [00:10:01] IF ALL OF US COUNCIL MEMBERS CAN PLEASE, UH, GO DOWN AND BECAUSE WE WANT TO MAKE SURE THAT WE ARE HONORING OUR STAFF. THANK YOU. THE PROCLAMATION FOR NATIONAL POLICE WEEK MAY 10 THROUGH MAY 16TH, 2026. THIS IS TO RECOGNIZE NATIONAL POLICE WEEK 2026 AND TO HONOR THE SURFACE AND SACRIFICE OF THOSE LAW ENFORCEMENT OFFICERS KILLED IN THE LINE OF DUTY WHILE PROTECTING OUR COMMUNITIES AND SAFEGUARDING OUR DEMOCRACY. WHEREAS THERE ARE MORE THAN 800,000 LAW ENFORCEMENT OFFICERS SERVING IN COMMUNITIES ACROSS UNITED STATES, INCLUDING THE DEDICATED MEMBERS OF THE LAGO VISTA POLICE DEPARTMENT. WHEREAS SINCE THE FIRST RECORDED DEATH IN 1786, THERE HAVE BEEN MORE THAN 24,700 LAW ENFORCEMENT OFFICERS IN THE UNITED STATES WHO HAVE MADE THE ULTIMATE SACRIFICE AND BEEN KILLED IN THE LINE OF DUTY. WHEREAS THE NAMES OF THESE DEDICATED PUBLIC SERVANTS ARE ENGRAVED ON THE WALLS OF THE NATIONAL LAW ENFORCEMENT OFFICERS MEMORIAL IN WASHINGTON DC WHEREAS APPROXIMATELY 363 NEW NAMES OF FALLEN HEROES ARE BEING ADDED TO THE NATIONAL LAW ENFORCEMENT OFFICER MEMORIAL THIS YEAR, INCLUDING 109 OFFICERS KILLED IN 2025 AND 254 OFFICERS KILLED IN PREVIOUS YEARS. WHEREAS THE SERVICE AND SACRIFICE OF ALL OFFICERS KILLED IN THE LINE OF DUTY WILL BE HONORED DURING THE NATIONAL LAW ENFORCEMENT OFFICER'S MEMORIAL FUNDS. 37TH CANDLELIGHT VIGIL ON THE EVENING OF MAY 13TH, 2026. WHEREAS THE CANDLELIGHT VIGIL IS PART OF NATIONAL POLICE WEEK, WHICH WILL BE OBSERVED THIS YEAR, MAY 10TH TO 16TH 2026. WHEREAS MAY 15 IS DESIGNATED AS PEACE OFFICERS MEMORIAL DAY IN HONOR OF ALL FALLEN OFFICERS AND THEIR FAMILIES AND US FLAGS SHOULD BE FLOWN AT HALF STAFF, THEREFORE BE IT RESOLVED THAT THE CITY OF LAGO VISTA WILL OBSERVE MAY 10 TO 16, 20 26 AS NATIONAL POLICE WEEK IN LAGO VISTA AND PUBLICLY SALUTES THE SERVICE OF LAW ENFORCEMENT OFFICERS IN OUR COMMUNITY AND IN COMMUNITIES ACROSS THE NATION IN WITNESS THEREOF. I HAVE HERE UNTO SET MY HAND AND HAVE CAUSED THE OFFICIAL SEAL OF THE CITY OF LAGO VISTA, TEXAS TO BE AFFIXED THE 16 DAY OF MAY, 2026. THANK YOU. THANK YOU. YOU CAN STAY DOWN FOR THE SECOND ONE. YES. OH, THEY'RE STAYING HERE FOR THE PICTURE STAND GUYS, I'M SORRY I DIDN'T MAKE IT CLEAR TO THEM. WE WERE HAVING, IS THIS ON? YES. ARE YOU ABLE TO HEAR THROUGH THIS? OKAY, GREAT. ALL I AM GONNA GO AHEAD AND READ THIS PROCLAMATION AS WE HAVE SOME VERY HARDWORKING PEOPLE COMING IN TODAY. AS THESE GENTLEMEN MAKE SURE THAT WATER COMES OUT OF THE TAPS. UH, THIS IS VERY, VERY APPROPRIATE. OH MY GOODNESS, . OKAY. ALRIGHT, SO I'M GONNA GO AHEAD AND READ THIS. THANK YOU. THIS IS WONDERFUL, ERNESTO. THANK YOU. IN FRONT. UM, SO THIS PROCLAMATION IS FOR NATIONAL PUBLIC WORKS WEEK, MAY 17 TO 23, 20 26, ROOTED IN SERVICE AND POWERED BY COMMUNITY. WHEREAS PUBLIC WORKS PROFESSIONALS FOCUS ON INFRASTRUCTURE, FACILITIES AND SERVICES THAT ARE OF VITAL IMPORTANCE TO SUSTAINABLE AND RESILIENT COMMUNITIES AND TO PUBLIC HEALTH, HIGH QUALITY OF LIFE AND WELLBEING OF THE PEOPLE OF THE CITY OF LAGO VISTA. [00:15:01] AND WHEREAS THESE INFRASTRUCTURE, FACILITIES, AND SERVICES COULD NOT BE PROVIDED WITHOUT THE DEDICATED EFFORTS OF PUBLIC WORK PROFESSIONALS WHO ARE ENGINEERS, MANAGERS, AND EMPLOYEES AT ALL LEVELS OF GOVERNMENT AND THE PRIVATE SECTOR WHO ARE RESPONSIBLE FOR REBUILDING, IMPROVING AND PROTECTING OUR NATION'S TRANSPORTATION, WATER SUPPLY, WATER TREATMENT, AND SOLID WASTE SYSTEMS, PUBLIC BUILDINGS AND OTHER STRUCTURES AND FACILITIES ESSENTIAL FOR OUR CITIZENS. AND WHEREAS IT IS IN THE PUBLIC INTEREST FOR THE CITIZENS, CIVIC LEADERS AND CHILDREN IN THE CITY OF LAGO VISTA TO GAIN KNOWLEDGE OF AND MAINTAIN AN ONGOING INTEREST IN UNDERSTANDING OF THE IMPORTANCE OF PUBLIC WORKS AND PUBLIC WORKS PROGRAMS IN THE RESPECTIVE COMMUNITIES. AND WHEREAS THE YEAR 2026 MARKS THE 66 ANNUAL NATIONAL PUBLIC WORKS WEEK, SPONSORED BY THE AMERICAN PUBLIC WORKS ASSOCIATION, CANADIAN PUBLIC WORKS ASSOCIATION, BE IT NOW RESOLVED. I NORMA OWEN MAYOR PROTI, DO HEREBY DESIGNATE THE WEEK OF MAY 17 TO 23 20 26 AS NATIONAL PUBLIC WORKS WEEK, I URGE ALL CITIZENS TO JOIN WITH REPRESENTATIVES OF THE AMERICAN PUBLIC WORKS ASSOCIATION AND GOVERNMENT AGENCIES IN ACTIVITIES, EVENTS, AND CEREMONIES DESIGNED TO PAY TRIBUTE TO OUR PUBLIC WORK PROFESSIONALS, ENGINEERS, MANAGERS, EMPLOYEES, AND TO RECOGNIZE THE SUBSTANTIAL CONTRIBUTIONS THEY MAKE TO PROTECTING OUR NATIONAL HEALTH, SAFETY, AND ADVANCING QUALITY OF LIFE FOR ALL. AND WITNESS WHEREOF I HAVE HERE ON TUESDAY, SET MY HAND AND CAUSE THE SEAL OF THE CITY OF LAGO VISTA, TEXAS TO AFFIX THE SEVENTH DAY OF MAY, 2026. I WOULD LIKE, AS I HAND THIS TO YOU, ERNESTO, I WOULD LIKE EVERYBODY TO KNOW HOW HARD OUR STAFF WAS WORKING TODAY ON AN EMERGENCY TRYING TO GET US REPAIRED AND UP AND RUNNING. SO I APPRECIATE, AND I KNOW Y'ALL GOT IT RUN BACK OUT IN THE FIELD, BUT HERE WE GO. SO EVERYBODY WANNA LINE UP THE PICTURE MAYBE OF A HERE SOMETHING OR I WAS ALSO INFORMED WHAT JOSEPH, HAPPY BIRTHDAY TO JOSEPH. SO EVERYBODY SAY HAPPY BIRTHDAY JOSEPH. HAPPY BIRTHDAY, JOSEPH. I TOLD YOU I WASN'T GONNA TELL. I THANK YOU GENTLEMEN. APPRECIATE YOU. THANK FOR COMING DOWN. ALL RIGHT. ALL RIGHT. THANK YOU EVERYONE FOR CELEBRATING WITH US ON THOSE WEEKS 'CAUSE THE STAFF IS DEFINITELY DESERVING OF SOME RECOGNITION FOR ALL THEY DO THROUGHOUT THE YEAR. WE WILL NOW [VI. CITIZEN COMMENTS] MOVE TO CITIZEN COMMENTS ON NON ON NON AGENDA ITEMS. SPEAKERS ARE LIMITED TO THREE MINUTES AND COMMENTS MUST PERTAIN TO CITY BUSINESS. UM, I WILL CALL INDIVIDUALS IN THE ORDER RECEIVED WHEN YOUR NAME IS CALLED, PLEASE COME TO THE PODIUM, STATE YOUR NAME. UH, DO THEY NEED TO SAY THEIR ADDRESS AS WELL, ROBIN? NO, JUST THEIR NAME. RIGHT. UH, FOR THE RECORD. AND, UM, SO I BELIEVE I ONLY HAVE ONE THAT WAS NON AGENDA AND THAT IS NAN NESMITH. THANK YOU. HELLO EVERYONE. UM, I JUST HAVE A, A PROCESS [00:20:01] QUESTION. UM, I AM NOT AWARE, AND I'M SURE MANY OTHER PEOPLE ARE NOT, IS HOW DO YOU GET AN ITEM ON YOUR AGENDA FOR THE CITY COUNCIL? I HAVEN'T SEEN ANYTHING, ANY PLACE WRITTEN, LIKE HOW DO WE GET AN AGENDA ITEM ON THERE? UM, IT WOULD BE A NICE PROCESS TO SEE SO PEOPLE IN THE CITY WOULD UNDERSTAND WHAT THEY COULD GET. ONE ON THERE. THE ONE I WOULD LIKE TO REQUEST TO BE ON THERE IS OUR FLOCK CAMERAS THAT WE HAVE IN THE CITY. I WOULD LIKE SPECIFICALLY TO KNOW HOW MANY CAMERAS WE CURRENTLY HAVE, THEIR LOCATION, WHAT THE DATA'S BEING USED FOR. AND WILL YOU BE INSTALLING MORE? THE ONE LOCATION THAT GIVES ME PERSONALLY THE MOST ANGST IS THE ONE THAT IS POINTED AT THE MIDDLE SCHOOL GYM WHERE THE KIDS ARE OUTSIDE WORKING OUT AND RIGHT BY THE BALL FIELDS. THAT IS JUST A LITTLE UNNERVING FROM A MOTHER, GRANDMOTHER STANDPOINT. SO THAT IS JUST WHAT I WOULD LIKE TO KNOW. PROCESS TO GET AN ITEM ON AGENDA. AND COULD WE GET THE FLOCK CAMERAS ON THERE? THANK YOU, MA'AM. YOU GET AN ITEM ON THE AGENDA, ALL YOU HAVE TO DO IS SUBMIT THAT IN WRITING TO MYSELF OR THE CITY SECRETARY. OKAY, THANK YOU. , I'D LIKE TO RECOGNIZE COUNCIL BENFIELD AND I WOULD BE HAPPY TO SECOND THAT AGENDA TO MAKE SURE, UH, MADE ITS WAY. OKAY, THANK YOU. I DON'T BELIEVE, IS THERE ANYONE ELSE HERE THAT HAD A NON AGENDA, UH, CONVERSATION? IS THAT YOU DIDN'T HEAR TOO, DAVID? ALL RIGHT, DAVID. DAVID W LURKING. UM, SOME OF THIS WILL TOUCH ON A LATE, IS THIS ON? YEAH, SOME OF THIS WILL TOUCH ON A LATER ITEM. THERE IS AN OVERLAP, BUT THE COMMENT IS MORE SO JUST TO BRING UP, AGAIN, BEATING THE DEAD HORSE OF JUST BECAUSE WE HAVE HISTORICALLY ENFORCED SOMETHING IN ONE WAY DOES NOT MEAN THAT THAT WHOLESALE IS LEGAL OR THE RIGHT WAY TO DO IT. IF THERE IS, I THERE'S TWO THINGS HERE, BUT J IF I HAVE A CONVERSATION ABOUT, HEY, THIS IS, I UNDERSTAND THERE'S A MISINTERPRETATION OR A DIFFERENT INTERPRETATION OF A RULE OR AN ORDINANCE OR A LAW, AND I'M TOLD, OH NO, THIS IS HOW WE'VE BEEN DOING IT. WE'VE ENFORCED THIS RECENTLY TOO. EVEN I WANTED IT THIS WAY. AND IT BECOMES THIS DRAGGED OUT PROCESS OF NO, YOU'RE NOT ALLOWED TO HAVE A LARGE GARAGE FOR SIX CARS. AND THEN THERE'S A BASIS OF, OKAY, WELL HERE'S THE LAW. I'VE JUST SHOWN IT TO YOU AND I UNDERSTAND THIS IS PROBABLY WHAT YOU'RE LOOKING AT. IT'S A DEFINITION ISSUE. AND THAT GOES BACK AND FORTH BETWEEN DIFFERENT MEMBERS OF STAFF. THE THE ISSUE THAT I HAVE, WHICH IS ABOUT THE PUBLIC COMMENT HERE, WHEN THAT GETS TURNED INTO AN ENDLESS LOOP OF ROUNDABOUT DELAYS AND WELL, I'M GOING TO TALK, WAS THAT THREE MINUTES? NO, NO. OKAY. OKAY. I WAS LIKE, HOLY COW, , UM, UH, IT JUST TURNING INTO ENDLESS LOOP AND OH, WELL, WE'RE GONNA TALK TO THE ATTORNEY AT SOME POINT ABOUT THAT. EVEN IF OTHER PEOPLE HAVE PLAINLY SHOWN THE PLAIN LANGUAGE OR THE FLIP SIDE OF STILL JUST BEING COMBATIVE AND REBUTTAL RATHER THAN A, RATHER THAN SEEING THE SENTIMENT OF THE REASON BEHIND A RULE OR THE REASON BEHIND A LAW OR THE GOAL GOING IN THIS DEFENSIVE COMBATIVE RESISTANCE TO DELAY AS MUCH TIME AS POSSIBLE. SAY THERE IS, AND THIS WILL BE THE PRIOR, THE LATER TOPIC TODAY. IF YOU HAVE SOMETHING THAT WAS APPROVED, PAID FOR ACTIVE PERMIT WISE FOR OVER A YEAR, AND IT WAS DELAYED ALL AGAIN ON, WELL, WE ARE INTERPRETING THIS WAY. OKAY. NO, YOU WERE RIGHT. WELL, WE'RE INTERPRETING THIS WAY. NO, YOU WERE RIGHT. AND YOU DO THAT 18 TIMES AND YOU LOSE MONTHS AND MONTHS OF YOUR PERMIT TIME, OR THIS HAPPENS TO YOU ON FIVE DIFFERENT PROJECTS, THEN THIS ISN'T A ONE-OFF SITUATION. THIS IS A CONSTANT TREND OF WHAT I'M ASSUMING AND HOPING ISN'T MALICIOUS, BUT IT'S JUST A PROCEDURAL ISSUE OF, OUR GOAL HERE IS TO DELAY THINGS AND ENFORCE STUFF RATHER THAN THE SENTIMENT OF WE NEED TO MAKE SURE THAT THINGS ARE IN COMPLIANCE AND SAFE. IF YOU WERE LOOKING TO MAKE SURE THINGS WERE IN COMPLIANCE AND SAFE, YOU WOULD LOOK AT THE LAWS AND WHEN THEY'RE PRESENTED TO YOU AND YOU'RE SHOWN, HEY, THIS WAS APPROVED BEFORE, JUST 'CAUSE YOU HAVE NEW STANDARDS NOW DOESN'T MEAN YOU CAN START APPLYING RETROACTIVELY IF THERE'S AN ACTIVE OLD PERMIT, YOU ARE, YOU HAVE VESTED RIGHTS. FORGET THE CHAPTER. I THINK IT'S 2 45 0.02 IN TEXAS LOCAL. UH, I MIGHT BE MIXING IT UP WITH TWO 11, WHICH IS ABOUT MISINTERPRETED, OR THIS IS WHERE THEY'RE MISINTERPRETING HOW BIG OF A GARAGE OR HOW MANY CARS YOU'RE ALLOWED TO HAVE WITHIN YOUR HOUSE. LOGO HAS ORDINANCES. IS IT THREE, THREE MINUTES? OKAY. I DON'T THINK SHE GAVE ME TIME. SO NEVERMIND [00:25:01] . THANK YOU. ALL RIGHT. DID WE, DID WE HAVE ANYONE ELSE THAT HAD AN NON AGENDA ITEM THAT WOULD LIKE TO SAY SOMETHING? OKAY. THANK YOU EVERYONE. WE'LL, WE WILL GO AHEAD AND NOW PROCEED. UM, UH, COUNSELORS, I'M GONNA GO AHEAD AND MOVE THE CONSENT AGENDA TO A LITTLE BIT LATER. I'M CHOOSING TO GO AHEAD AND MOVE UP, UH, [VIII.1. Consideration and possible action on Ordinance No. 26-05-07-03; the rezoning of 19708 Boggy Ford Road, ABS189 SUR 98 CAMPBELL M F ACR 7.055 (AKA LOT 32 RAN CHOL CIELO) from TR-1 to a Planned Development District Rezoning pursuant to Section 10 Chapter 14 of the City of Lago Vista Code of Ordinances. 25-2905-PDD-REZ] ITEM 7.1, WHICH IS, UM, AND LET ME READ THAT IN AND, OKAY, AT THIS TIME WE WILL BE, UH, CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE NUMBER 26 DASH ZERO FIVE DASH ZERO SEVEN DASH ZERO THREE. THE REZONING OF 1 9 7 0 8 BOGGY FORD ROAD, A BS 180 9, SIR, 98 CAMPBELL, M-F-A-C-R 7.005 AKA LOT 32 RANCHO CIELO FROM TR ONE TO A PLANNED DEVELOPMENT DISTRICT REZONING PURSUANT TO SECTION 10, CHAPTER 14 OF THE CITY OF LAGO VISTA, CODE OF ORDINANCES, 25 DASH 2 9 0 5 DASH PDD DASH REC. AND AT THIS TIME I WOULD LIKE TO RECOGNIZE STAFF TO GIVE A REPORT, MAYOR PROTO AND COUNCIL, THE ITEM BEFORE YOU IS THE REZONING OF APPROXIMATELY SEVEN ACRES OFF OF BOGGY FORD FROM TR ONE TO A PDD. UM, AS A NOTE, THIS PROJECT WENT BEFORE P AND Z BACK IN JANUARY. UM, CAME BEFORE COUNCIL IN FEBRUARY WHERE IT WAS REMANDED BACK TO P AND Z FOR THE APRIL MEETING. UH, AS IT CURRENTLY SITS TODAY, THE PROJECT CONSISTS OF C TWO ZONING AGAINST THEIR BASE DISTRICT WITH A HOTEL CONTAINING 78 ROOMS, A CONFERENCE CENTER, RESTAURANT SPA FACILITIES, UM, AND SIX CASITAS MODIFICATIONS TO THE BASE. ZONING CURRENTLY AS PROPOSED INCLUDE AN 11 FOOT VARIANCE OF HEIGHT, WHICH IS DOWN FROM THE ORIGINAL 30 PLUS OR MINUS FEET. UH, BASED ON ELEVATION. THEY ARE PROVIDING ADDITIONAL LANDSCAPING STANDARDS AND WE HAVE PROVIDED FOR, UM, TREE PRESERVATION REQUIREMENTS. THERE IS, UM, SOME UPDATES TO THEIR IMPERVIOUS COVER, UM, AND LESS SPECIFICALLY MODIFIED BY THE ORDINANCE. ALL OTHER STANDARDS DEFAULT BACK TO BASE C TWO ZONING. UM, THE FIRST, UM, ROUND IMPERVIOUS COVER WAS AT 30% WHEN NOW AT 58% DUE TO THE HEIGHT RESTRICTIONS THEY HAVE ESSENTIALLY CUT THE BUILDING IN HALF. SO THAT NUMBER IS GONNA GO UP. IT'S THE TRADE OFF THAT YOU SEE. UM, AT THE APRIL P AND Z MEETING, THE COMMISSION HAD RECOMMENDATIONS. UM, THOSE ARE INCLUDED AS RED LINES WITHIN THE PACKET. UM, WE WANTED TO MAKE SURE THAT EVERYBODY COULD SEE THE CHANGES. UM, WITH THAT BEING SAID, STAFF WOULD SUPPORT APPROVAL WITH THE P AND Z RECOMMENDATIONS. I KNOW THERE ARE SOME OTHER THINGS THAT, UM, MAY BE DISCUSSED AND ADDRESSED TONIGHT. IN GENERAL, THE ONLY THING I WILL SAY IS THERE WAS A PROVISION PUT IN THERE FOR BACKWASH FROM THE COMMERCIAL POOL, UM, AND TCQ VERSUS LCRI STANDARDS. WE DID SOME DIGGING TO FIGURE OUT WHAT WE CAN AND CANNOT DO. UH, TCEQ SPECIFICALLY SAID, DO NOT PUT IT IN YOUR SYSTEM. THAT IS ENOUGH VIOLATIONS FOR ALL OF US TO HAVE ISSUES. SO ORDER, UM, I'M GETTING FEEDBACK THAT YOU CAN'T BE HEARD ON ONLINE. OKAY. UM, JUST CENTER YOURSELF ON THE MIC, THAT'S THE PROBLEM. SO YEAH, THEY GO. UM, AND THEN THE LCRA SAID THEY CAN HOLD POOL BACKWASH ON SITE. HOWEVER, WITH THAT BEING SAID, IT CANNOT LEAVE SITE EVER. AND SO THERE'S THAT CAVEAT THAT WAS PUT IN THE ZONING. UM, IT READS PRETTY GENERIC AT IT AS IS THAT THEY JUST HAVE TO FOLLOW THE REQUIREMENTS. MY RECOMMENDATION WOULD BE TO STRIKE TCEQ BECAUSE IT CANNOT GO INTO OUR WASTEWATER SYSTEM AT ALL. IT HAS TO BE CONTAINED ON SITE OR PUMPED AND HAULED AWAY. UM, ASIDE FROM THAT, HAPPY TO ANSWER ANY QUESTIONS. I KNOW THE DEVELOPER IS HERE FOR A PRESENTATION AS WELL. ARE THERE ANY QUESTIONS FOR STAFF AT THIS TIME? IF NOT, THEN I'M INCLINED TO GO AHEAD AND GO, GO AHEAD. SO, UM, THE ISSUE OF HEIGHT HAS COME UP QUITE A BIT MM-HMM . AND I KNOW THERE'S BEEN MAYBE SOME SUGGESTIONS TO ENSURE THERE'S AN UPPER HEIGHT LIMIT THAT'S NOT POTENTIALLY IMPACTED AND THE HEIGHT EVEN FURTHER ELEVATED BASED ON THE GRADING OR CUT-INS THAT ARE DONE. AND I THINK YOU MIGHT HAVE SOME RESOLUTION FOR THAT. SO, OR SUGGESTED LANGUAGE MAYBE THAT SHOULD BE CONSIDERED. ABSOLUTELY. SO GENERICALLY SPEAKING, UM, WE TRY TO KEEP THINGS AS SIMPLE AS POSSIBLE. AND I THINK WHEN YOU START TALKING ABOUT WHICH GRADES YOU'RE EVALUATING FROM AND ALL OF THE CUT AND FILL STUFF, IT GETS A LITTLE CONVOLUTED. AND SO SETTING A MAXIMUM HEIGHT ON THE BUILDING AND SETTING A MAXIMUM ELEVATION NOT TO EXCEED HITS BOTH, THEY CAN'T CUT AND FILL TO A CERTAIN EXTENT TO GET AWAY WITH THE TALLER BUILDING. 'CAUSE THEIR BUILDING IS CAPPED A CERTAIN AMOUNT OF FEET AND THEY CAN EXCEED A CERTAIN ELEVATION THROUGH CUT AND FILL OR MEASURING OFF OF DIFFERENT PAVEMENT AREAS OR WHATEVER THE CASE MAY BE BECAUSE THEY CANNOT EXCEED THE MAX ELEVATION. AND I KNOW THERE HAVE BEEN CONCERNS [00:30:01] BROUGHT UP ABOUT WHAT HAS HAPPENED IN PREVIOUS PROJECTS. UM, FROM MY PERSPECTIVE, THAT IS A FAILURE FROM A DIRECTOR TO NOT VERIFY HEIGHTS AS THEY'RE BUILDING. UM, AS SOON AS THERE, THERE'S CERTAIN STEPS IN A PROJECT THAT WE CAN'T CHANGE CERTAIN THINGS, AND THAT'S JUST THE NATURE OF IT. UM, AND SO IF THOSE ELEVATIONS AREN'T BEING CHECKED DURING THE PROCESS AND WE'RE NOT ACTIVELY WATCHING HEIGHT AND SOMETHING HAPPENS, I MEAN, THAT'S WHEN WE'VE HAD TO GO BACK HISTORICALLY AND ASK FOR A VARIANCE AFTER THE PROJECT HAS BEEN BUILT. AND SO, UM, I THINK PREVIOUSLY IT WAS A STAFF FAILURE, UM, BUT THAT'S THE SIMPLEST WAY TO DO IT. CAP THE BUILDING, CAP THE MAX AT ELEVATION IN TOTAL AND JUST, UM, WE'RE NOT MEASURING OFF OF ANYTHING. IT'S X AND Y AND THAT'S IT. THIS IS FOLLOW UP. SO IS THAT ABSOLUTE ELEVATION CAP DONE THAT MSL NUMBER? MM-HMM. RIGHT. SO IT'S OKAY. TAKE INTO ACCOUNT CURRENT STATE, THAT'S CURRENT TOPOGRAPHY IN THE GRADE FROM THAT AND WHAT HYPER BE, SO WHATEVER IT'S TODAY, PLUS THE, THE WHATEVER'S NEEDED TO GET THE PROJECT DONE, WHICH IS THAT 11 FEET MM-HMM . UM, I THINK IT'S 10 30, 10 35, 10 35. IT'S, YOU CANNOT EXCEED 10 35. SO WHEN THEY START DOING EVERYTHING AND WE, WE SHOOT PROJECTIONS, IF THEY BUST 10 35, THEY HAVE TO START FROM SCRATCH AND FIX IT AND TAKE IT DOWN TO THAT. MM-HMM . OKAY. OKAY. THANK YOU. MM-HMM . 10 35. YES, YOU GOT IT. ALL SET. THAT LOOKS LIKE THEY'VE GOT IT UP THERE. MR. WEST, ARE YOU MOVING? OKAY. AWESOME. THANK YOU. UH, MAYOR PORTER COUNSEL, THANK YOU SO MUCH FOR TAKING THE TIME TO LISTEN TO OUR PRESENTATION. UM, I'M GONNA TRY AND MOVE THROUGH THIS RELATIVELY QUICKLY SO YOU CAN MOVE ON TO OTHER ITEMS. UM, IF I'M GOING TOO QUICKLY, OBVIOUSLY SLOW ME DOWN. IF YOU'VE SEEN THIS AND, AND YOU'RE READY FOR ME TO GO ON, YOU CAN ABSOLUTELY WAVE ME ON. IF YOU COULD GO TO THE NEXT SLIDE SO I CAN'T HEAR YOU. LITTLE LOUDER. YOU CAN, I CAN ABSOLUTELY SPEAK LOUD IF , THAT'S USUALLY NOT A PROBLEM FOR ME. UM, SO TH THIS FIRST SLIDE JUST TALKS ABOUT THE, WHAT WE'VE ACCOMPLISHED TO DATE AND WHAT WE HOPE TO, UH, ACCOMPLISH MOVING FORWARD. UM, MR. DNDA CURRY, THE DEVELOPER, UH, HAS ASSEMBLED A SHAREHOLDER GROUP, UH, GATHERED THE MONEY NECESSARY TO BUY THE LAND AND WORK ON GETTING THE ENTITLEMENTS, UH, SECURED THE SEVEN ACRES. UM, HE, HE CAME BEFORE COUNCIL AND TOLD THE COUNCIL THAT HE PLANNED TO BRING A HOTEL HERE WHEN HE, UH, HAD THE PROPERTY ANNEXED. UM, WE WORKED WITH IHG AND ABRIDGE TO MAKE SURE THAT WE HAD BOTH THE FRANCHISE FOR THE HOTEL, BUT ALSO HAD AN AN OPERATIONAL PARTNER THAT WILL BE RUNNING THE HOTEL FOR US. UM, WE WANTED TO MAKE SURE WE HAD PEOPLE WHO KNEW WHAT THEY WERE DOING, UM, WORKED ON THE TRAFFIC IMPACT STUDY, UH, BUT I THINK MORE IMPORTANTLY, WHAT WE REALLY WANT TO BRING TO LAGO VISTA IS A CLOSE TO $30 MILLION INVESTMENT, UM, THAT WILL PAY DIVIDENDS TO THE CITY AND THE CITIZENS. UM, WE'RE GONNA CREATE SOMEWHERE BETWEEN 45 AND 55 PERMANENT POSITIONS, UM, AT A MINIMUM OF A $1.5 MILLION PAYROLL. IT COULD BE SIGNIFICANTLY HIGHER THAN THAT, UH, SHOULD GENERATE SOMEWHERE IN THE RANGE OF $368,000 A YEAR IN HOT TAX REVENUES FOR THE CITY. AND THERE'S ADDITIONAL PROPERTY TAX REVENUE THAT WILL ALSO, UH, BE COMING TO THE CITY. AND THEN THERE'S SOME ADDITIONAL ITEMS, UH, BUT IT, AND TALKS A LITTLE BIT ABOUT, YOU KNOW, WHAT WE'RE BRINGING. GO AHEAD. UM, THIS TALKS ABOUT THE, UH, EMPLOYMENT POSSIBILITIES THAT WILL COME, UM, WITH THIS PARTICULAR PROJECT. UH, I WANNA REALLY FOCUS ON THE BOTTOM, UH, RIGHT WHERE IT SAYS LOCAL HIRING PRIORITY. WE DEFINITELY WILL FOCUS ON LOCALS WHEN WE DO HIRE FOR IT. AGAIN, IT'S 45 TO 55 POSITIONS. UM, THAT DOESN'T INCLUDE THE CONSTRUCTION JOBS AT THE BEGINNING. AND, AND YOU CAN SEE IN THE BOTTOM LEFT, THE PAYROLL IS LOOKING TO BE SOMEWHERE IN THE RANGE OF 1.55 TO 2.79 MILLION, UH, ON AN ANNUAL BASIS. GO AHEAD. THIS JUST TALKS ABOUT THE AMENITIES THAT WE PLAN TO HAVE WITH THE HOTEL. GO AHEAD AND GO ON. UH, THIS JUST TRIES TO GIVE YOU A RENDERING AND SHOW YOU A LITTLE BIT ABOUT, UM, WHAT THE HOTEL WILL LOOK LIKE. AND THERE'S A FEW OTHER PICTURES SCATTERED THROUGHOUT THE PRESENTATION. GO AHEAD. UM, SO NOW TALKING ABOUT THE FISCAL IMPACT, UH, WE ALREADY TALKED A LITTLE BIT ABOUT THE FACT THAT THERE ARE $368,000 WORTH OF, UH, HOT TAX REVENUE THAT IS EXPECTED TO BE GENERATED FOR THE CITY. UH, I MADE THIS POINT AT THE P AND Z MEETING, I'LL MAKE IT AGAIN, THE HOT REVENUE PROJECTION, THAT 90 KEYS, 75% OCCUPANCY IN THE, UM, UH, AVERAGE DAILY RATE. THOSE WERE ALL PROVIDED TO US BY, UH, AIM ABRIDGE, UH, THE OPERATIONAL PARTNER, UM, THAT RUNS HOTELS, UH, HUNDREDS OF HOTELS AROUND THE COUNTRY. AND SO THOSE WEREN'T NUMBERS WE MADE UP. THERE WERE NUMBERS THAT WE GOT FROM THEM, AND THAT'S HOW WE CAME UP WITH THE, THE NUMBER OF WHAT, UH, CONTRIBUTION WE'D MAKE TO THE CITY. UM, THIS SHOWS A LITTLE BIT MORE OF A, A ALL ENCOMPASSING VIEW OF WHAT THIS PROJECT WILL BRING TO THE CITY AND TO THE OTHER TAXING ENTITIES, UM, THAT WILL BENEFIT FROM THE PROJECT. THE CITY ITSELF [00:35:01] SHOULD SEE SOMEWHERE IN THE RANGE OF $538,000 A YEAR IN TAX REVENUE THAT'S SPLIT BETWEEN HOT REVENUE, PROPERTY TAXES, SALES TAXES, AND THE MIXED BEVERAGE TAX REBATE. UM, IF YOU TAKE A LOOK OVER ON THE RIGHT HAND SIDE, IT SHOWS YOU THAT APPROXIMATELY $600,000 IS GONNA COME TO THE VARIOUS TAXING ENTITIES. 305,000 OF THAT IS GONNA GO TO THE ISD. SO, UM, THEY'LL GET A BENEFIT AS WILL THAT. THE ESD, UM, WE DID HAVE A TRAFFIC IMPACT ANALYSIS DONE AS IS REQUIRED. OH YEAH, YOU CAN GO. UH, HERE WE GO. UH, AND, AND I JUST WANNA TOUCH ON A FEW, UH, HIGH POINTS. NUMBER ONE, UM, THE TRAFFIC IMPACT ANALYSIS SAID THAT WE WOULD HAVE MINIMAL IMPACT ON THE COMMUNITY WHEN WE BRING THIS PROJECT. UM, WE ARE NOT THE MAIN CAUSE OF THE TRAFFIC THAT'S GONNA HAPPEN IN THAT AREA. BOGGY AND LOMAN AND THE INTERSECTION, UM, THAT'S COMING FROM, UH, BACKGROUND GROWTH IN THE LOWER PART OF LAGO VISTA. UM, THERE'S ALSO MITIGATIONS, THEY'RE ALREADY IN THE CITY'S PLAN, THOROUGH A FAIR PLAN THAT WILL TAKE CARE OF THE ISSUES IN THE VARIOUS INTERSECTIONS. I THINK THE OTHER THINGS THAT I WANTED TO POINT OUT, UM, HOTEL PROJECTS IN GENERAL GENERATE LESS TRAFFIC. UM, THEY'RE ALSO LESS, UH, THEY'RE MORE DISTRIBUTED, UH, THROUGHOUT THE DAY. THEY DON'T TEND TO BE FOCUSED ON THE MORNING AND THE AFTERNOON, UH, DRIVE TIME. SO THEY WOULD HAVE LESS IMPACT ON THE CITY THAN, UM, OTHER TYPE OF, OF GENERAL RETAIL, UH, COMMERCIAL THAT YOU MIGHT HAVE AT THAT LOCATION. GO AHEAD. UH, THIS JUST SHOWS THE, UH, PERCENTAGE OF, UH, UH, THE DELAYS THAT MIGHT COME FROM THE VARIOUS, UH, EXISTING TRAFFIC, BACKGROUND TRAFFIC, IE THE TRAFFIC THAT'S COMING FROM, UH, LOWER BOGGY AND THE OTHER, UH, PROJECTS THAT ARE THERE. IT WAS ESTIMATED THAT 7% OF THE DELAY AT THE INTERSECTION OF BOGGY AND LOMAN WOULD COME FROM OUR PROJECT. AND IF YOU GO TO THE NEXT ONE, THE, THIS SHOWS YOU THAT, UH, SHORELINE RANCH, IF AND WHEN DEVELOPED WILL HAVE MUCH MORE OF AN IMPACT, UH, THAN WE WILL, AS WILL NATURE'S POINT, WILL HAVE A MUCH LARGER IMPACT THAN WE WILL. AND SO BOTTOM LINE IS, IS THAT, UH, AND THAT DOESN'T TAKE INTO ACCOUNT FIREFLY, LUNAR RIDGE, RIVIERA WIND RANCH IN THE PENINSULA OF THOSE EVER DEVELOP. UH, THAT 7% THAT WE WERE PROJECTED TO HAVE WILL BE EVEN LOWER, UM, WHEN YOU CONSIDER THOSE PROJECTS. UM, AND THEN ON THE NEXT SLIDE, UH, SO AGAIN, JUST TO SUMMARIZE, THE TRAFFIC IMPACT ANALYSIS SAID THAT WE WOULD HAVE MINIMUM IMPACT, UH, ON THE, UH, TRAFFIC. UM, WE'RE COMMITTED TO PAYING OUR FAIR SHARE TO HELP AMELIORATE ANY OF THE TRAFFIC PROBLEMS THAT COME UP. UM, WE ARE IN SERVICE AREA ONE FOR THE IMPACT FEES, WHICH MEANS WE'RE PAYING AT THE HIGHER RATE. IT'S A, WE ESTIMATED THAT WE WOULD BE PAYING SOMEWHERE IN THE RANGE OF $500,000 IN IMPACT FEES, JUST ROADWAY IMPACT FEES. UH, COMBINED ROADWAY AND WATER WASTEWATER IMPACT FEES ARE PROBABLY MUCH CLOSER TO A MILLION DOLLARS WHEN IT'S ALL SAID AND DONE. UM, SO, UH, THE, THE ONE THING THAT I WANTED TO TALK THROUGH WITH Y'ALL AT LEAST, UH, BRING IT UP, AND I WOULD CERTAINLY ENCOURAGE QUESTIONS AND, AND FOLLOW UP FROM Y'ALL. UM, AT THE JANUARY 8TH PLANNING AND ZONING MEETING, COMMISSIONER STEWART TALKED ABOUT INSTEAD OF INDIVIDUAL DEVELOPERS GOING OUT AND MAKING MODIFICATIONS TO, UH, TRAFFIC, UH, THE, OUR FACILITIES, IF YOU WERE INFRASTRUCTURE, IT MADE MUCH MORE SENSE FOR INDIVIDUAL DEVELOPERS TO CONTRIBUTE TO THE CITY AND THE CITY BE THE OVERARCHING DESIGNER OF IMPROVEMENTS TO ROADWAYS, INTERSECTIONS AND SO FORTH. WE HARDLY AGREE WITH THAT SENTIMENT AND BELIEVE THAT'S THE BEST WAY TO GO ABOUT IT. THAT'S THE WAY WE'D LIKE TO APPROACH IT. UM, BUT WE'RE CERTAINLY WILLING TO DISCUSS THAT. UM, GO AHEAD. SO, UH, THERE WERE A VARIETY OF ISSUES THAT RA WERE RAISED IN THE JANUARY 8TH MEETING IN PLANNING AND ZONING, UM, ALSO IN THE, THE SUBSEQUENT MEETING JUST A FEW WEEKS AGO, AND ALSO THE COUNCIL MEETING THAT HAPPENED IN FEBRUARY. AND SO WHAT WE'VE DONE IN THIS SECTION IS TRY TO ADDRESS, UH, ALL OF THOSE ISSUES. IF YOU WOULD GO AHEAD AND GO. SO ONE OF THE ISSUES THAT WAS BROUGHT UP WAS THE LOCATION IN THAT OUR LOCATION, UH, ISN'T THE, THE, THE BEST PLACE FOR IT AND, AND SHOULD IT EVEN BE THERE. AND I THINK WHAT I WANTED TO POINT OUT WAS, UH, THIS IS THE FUTURE LAND USE MAP THAT YOU SEE UP HERE AND IT DESIGNATES, UH, IT'S THE ONE THAT'S CURRENT, NOT THE ONE THAT'S, UH, BEING WORKED ON. UM, AND, AND IT SHOWS THAT THAT SECTION ALONG LOMAN AND THE BOGGY AREA, UM, IT IS ONE OF THE LARGEST CONCENTRATIONS OF COMMERCIAL MIXED USE, HIGH DENSITY RESIDENTIAL IN THE CITY. IT RIVALS WHAT WE WAS DESIGNATED IN THE 14 1 31 CORRIDOR. AND SO BOTTOM LINE IS, IS THAT, UM, WE BELIEVE THAT WE ARE IN THE RIGHT, UH, LOCATION. AND IF YOU'LL MOVE TO THE NEXT ONE, THERE'S A, UH, A ZOOMED IN PICTURE, AND IT SHOWS YOU THAT THIS SECTION DOWN HERE, UH, DOWN TO THE BOGGY, UH, INTERSECTION WITH LOWMAN AND BACK, ALL OF THAT WAS DESIGNATED ALL THE WAY OVER TO, TO SEVEN PORTICOS WAS DE DESIGNATED TO BE TO REGIONAL COMMERCIAL, UM, UH, AND, AND, UM, UH, POSSIBLY, YOU KNOW, A HOTEL, FOR EXAMPLE. BUT BOTTOM LINE IS, IS THAT WE'RE PUTTING THIS PROPERTY, THIS PROJECT EXACTLY WHERE THE CITY, YOU KNOW, THROUGH ITS CITIZEN STAFF COUNCIL MEMBERS CONSULTANT TOLD US TO, WHEN THEY CAME UP WITH THE COMPREHENSIVE MASTER PLAN IN IN 2016. UM, I, AND I I JUST WANT TO POINT OUT ONCE [00:40:01] AGAIN THAT WHEN WE DID ANNEX IN, UH, IN FACT I WAS THERE IN Y'ALL'S UH, SEAT WHEN THAT HAPPENED, UM, THE DEVELOPER WAS VERY CLEAR THAT THEY PLANNED TO BRING A, A, A HOTEL TO THIS PROPERTY. THERE, THERE WAS NO, UM, UH, MASKING OR, OR TRYING TO HIDE THAT. I'M NOT SAYING THAT THE COUNCIL AT THAT TIME APPROVED THAT THAT'S NOT IT AT ALL. BUT THEY KNEW THAT THAT'S WHAT WAS GONNA GO. THERE WE'RE, WE'RE NOT, UM, FOOL ANYBODY, IF YOU COULD GO AHEAD. UM, THE OTHER POINT THAT I WANTED TO MAKE WITH REGARD TO LOCATION WAS, UH, IF YOU TAKE A LOOK, UH, THE, OUR HOTEL IS JUST LISTED HOTEL IN THE MIDDLE. YOU'VE GOT THE 1431 CORRIDOR LISTED UP THERE. AND THEN I PUT A VARIETY OF AMENITIES THAT WOULD POTENTIALLY BRING PEOPLE TO LAG VISTA THAT MIGHT MAKE USE OF A HOTEL. AND YOU CAN SEE OUR LOCATION, QUITE FRANKLY IS CENTRAL, MUCH MORE CENTRAL TO WHERE PEOPLE MIGHT WANT TO, UM, GO ONCE THEY'VE COME TO LAGO VISTA THAN THE 1431 CORRIDOR. SO I, QUITE FRANKLY, I THINK, UM, OUR LOCATION IS A, A BETTER LOCATION THAN UP THERE IN THE 1431 CORRIDOR, IF YOU COULD. UM, SO ONE OF THE IDEAS THAT WAS BROUGHT UP IS THAT, YOU KNOW, INSTEAD OF HAVING IT ON, ON BOGGY, IT SHOULD BE, UH, UH, UP ON 1431. AND, UH, SO WHAT I DID IS LOOKED, AND IF YOU TAKE THE PICTURE ON THE LEFT, AND I APOLOGIZE, UH, I SHOULD HAVE PROBABLY DONE THIS WITH, UH, OUT THE TERRAIN, BUT TO THE, TO THE WEST OF US, UM, YOU'VE GOT, UH, LAKESIDE, YOU'VE GOT CEDAR BREAKS, SUNSET PARK, AND YOU'VE GOT US FISH AND WILDLIFE. THERE IS NO LAND OVER THERE THAT YOU CAN USE TO PUT A HOTEL IF YOU COME BACK INTO THE CITY. UM, ALL OF THE COMMERCIAL THAT'S THERE ALONG, UM, LOMAN, I'M, I'M SORRY, 1431 AND BRONCO, UM, IT'S ALREADY PRETTY MUCH SPOKEN FOR. THERE IS A LITTLE BIT OF LAND AT THE CORNER OF, UH, BOGGY AND LOMAN. UM, THE PROBLEM THERE IS, IS MULTI-FOLD, UH, YOU'VE GOT MULTIPLE, MULTIPLE OWNERS THAT YOU WOULD HAVE TO DEAL WITH IN ORDER TO ATTEMPT TO PUT TOGETHER THE LAND, LIKE WHAT WE'VE GOT ON BOGGY, FOR EXAMPLE. UM, AND THEN YOU'VE GOT THE TRAFFIC AT THAT INTERSECTION THAT MAKES IT ALMOST IMPOSSIBLE TO DO ANYTHING. UM, FOR THE LONGEST TIME THERE WAS A FAST FOOD RESTAURANT THAT WAS SUPPOSED TO COME TO THE CITY ON THAT LOCATION, AND THEY FINALLY GAVE UP BECAUSE THEY COULDN'T GET THE TRAFFIC WORKED OUT. JUST TO POINT OF CLARIFICATION, I THINK YOU'RE TALKING ABOUT 1431 IN LOMAN, 1431 IN LOMAN. OH, I THOUGHT I HEARD YOU SAY LOMAN AND BOGGY. I'M SORRY, 1431 AND LOMAN. YEAH. UH, THANK YOU FOR THAT CLARIFICATION. UH, AND AT THE, AT THE LAST P AND Z MEETING, UM, MR. ROBERTS, UH, FORMER COUNCIL MEMBER GOT UP AND SPOKE AND MENTIONED THAT HE HAD WORKED WITH A DEVELOPER AND KNEW ABOUT, ABOUT APPROXIMATELY SEVEN AND A HALF ACRES THAT WAS UP IN THAT AREA. AND, AND I QUERIED MR. ROBERTS, SO YOU KNOW WHO THAT WAS. AND I TALKED TO THE DEVELOPER, HIS NAME IS JOHN GELLI. AND THERE, THERE, UH, THEY DID HAVE APPROXIMATELY, UH, SEVEN AND A HALF ACRES UNDER CONTRACT UP IN THAT AREA. UH, BUT THEY ABANDONED IT. AND, AND THERE WERE A MULTITUDE OF REASONS, UH, THE MARKET COOLED OFF, INTEREST RATES WENT UP. BUT HE SAID THE BIGGEST REASON WHY IS BECAUSE, UH, THE WORKING WITH TXDOT TO PUT A PROJECT THERE WAS GONNA BE IMPOSSIBLE. AND SO I STAND BY THE STATEMENT I MADE AT THE LAST PNZ MEETING, UM, THAT ABSENT, UH, CARVING OUT A BYPASS BACK OFF OF, OF, UH, 1431 AND LOMAN THAT WOULD ALLOW YOU TO GO FROM LOMAN TO 1431 BEHIND THAT TRIANGLE, IF YOU WILL. UH, I DON'T THINK YOU'RE EVER GONNA SEE ANYTHING OF ANY SUBSTANTIAL SIZE DEVELOPED ON THAT CORRIDOR, UH, THAT CORNER. EXCUSE ME. UH, TXDOT IS JUST GONNA BE VERY, VERY PERNICK ABOUT HOW THE TRAFFIC'S GONNA FLOW IN AND OUT OF THERE. UM, IF YOU WOULD, UH, DRAINAGE WAS ANOTHER ISSUE THAT CAME UP. AND ONE OF THE MEANS, I THINK MR. PRINCE MIGHT'VE BROUGHT IT UP. AND SO, UH, WHAT WE DID IS, UH, WE, WE HAVE DESIGNED THE PROJECT TO MAKE SURE THAT THE, UH, DRAINAGE FLOWS DOWN TO THE FRONT, UH, RIGHT, IF YOU WILL, ON, ON THE PICTURE THAT YOU SEE UP THERE, UH, BEFORE WE HAD A, IN, IN THE PACKET, ONE OF THE EXHIBITS IS, UH, PREVIOUS DRAINAGE, AND IT SHOWS IT UP AT THE TOP, FLOWN OFF THIS WAY AND FLOWING DOWN THIS WAY. UM, UH, WITH THE REDESIGN AND, AND HOW WE ARE GUIDING THE STORMWATER, YOU'LL SEE ALL OF THE WATER ROLL TO THE FRONT INTO THE DETENTION POND THAT'S AT THE FRONT OF THE, THE PROPERTY YOU WILL SEE, UH, UP IN THE, UM, UPPER LEFT AND UPPER RIGHT. THERE ARE TWO VERY SMALL AREAS THAT WILL CONTINUE TO RUN OFF. WE COULD NOT MANAGE TO GET THAT TO, TO ROLL, UH, BUT THE, UH, AMOUNT OF, UH, PROPERTY THAT PUSHES WATER TO OTHER PROPERTIES IS, HAS BEEN REDUCED DRAMATICALLY BY OUR PROJECT. UH, NEXT ON PREVIOUS COVER, UM, THIS WAS, UH, UNCERTAIN AT PREVIOUS MEETINGS ABOUT WHETHER WE WERE IN THE AUSTIN RELEASE ETJ AREA OR NOT. UM, I, WHILE I WAS MAYOR, I HELPED, UH, US GET THIS MORE DETAILED MAP. UH, WE WORKED WITH THE CITY OF AUSTIN AND STAFF TO GET THIS. IF YOU TAKE A LOOK ON THE LEFT, THAT'S THE, THE ENTIRE AREA THAT WAS IN THE AGREEMENT WITH, UH, BETWEEN US AND THE, THE CITY OF, UH, UH, AUSTIN. BUT THEN IF YOU LOOK OVER ON THE RIGHT HAND MAP, YOU'LL SEE THAT OUR PARCEL, UM, IS NOT IN THE RELEASE AREA. AND SO WE'RE, UH, SUBJECT TO THE NORMAL C TWO IMPERVIOUS COVER LIMITS THAT, UH, LAVIS HAS, WHICH IS 60%. AND, AND WE'RE UNDERNEATH THAT. THANK YOU. UM, SIDEWALKS. SO, UH, PEOPLE MADE THE COMMENT THAT, HEY, YOU KNOW, WE HAVEN'T BEEN REALLY GOOD IN LAG VISTA ABOUT TRYING TO PUT SIDEWALKS IN PLACE. UM, WE WANT TO GET BETTER AT THAT. AND, AND WE DON'T [00:45:01] HAVE A PROBLEM WITH THAT. UH, BUT WHAT WE DIDN'T WANT TO DO WAS HAVE A REQUIREMENT IN OUR, UM, UH, PDD THAT SAID WE HAD TO PUT SIDEWALKS THERE AND, AND HAVE THEM BE SIDEWALKS TO NOWHERE. UH, BECAUSE ON EITHER SIDE OF US, UH, THOSE PROPERTIES ARE IN THE COUNTY, THEY AREN'T GONNA BE COMING UNLESS THEY ANNEX IN. THEY WON'T BE COMING TO THE CITY OF LAGO VISTA TO PLAN. AND WE DON'T, UH, NECESSARILY WON'T BE ABLE TO, TO COORDINATE WITH THEM. AND SO I BELIEVE, UH, WHAT HAPPENED IN THE PLANNING AND ZONING MEETING WAS A, A, UM, A AMENDMENT WAS PUT FORWARD, UM, THAT WE WOULD, BECAUSE WE TOLD, I TOLD 'EM AT THE TIME, WE'RE NOT OPPOSED TO IT, WE'LL BE HAPPY TO DO IT IF IT'S IN COORDINATION WITH THE OTHER ONES. AND SO I BELIEVE THEY MODIFIED THE LANGUAGE IN THE PDD TO SAY, UM, THAT WE WOULD BE RESPONSIBLE FOR PUTTING IN SIDEWALKS IF AND WHEN ARE NEIGHBORING PROPERTIES PUT IN SIDEWALKS, SO THAT THERE WAS A COORDINATION AMONGST THE, THE PARCELS. WE HAVE ABSOLUTELY NO PROBLEM PUTTING IN, UH, UH, AN EASEMENT IN THE PLA TO SHOW THAT, UH, SIDEWALKS WILL, WILL BE THERE, UM, IF THEY NEED TO BE TO COORDINATE WITH, UH, NEIGHBORING PROPERTIES. UH, THERE WAS A QUESTION ABOUT HOW IT WE MANAGED. I THINK, UH, WE MAY HAVE EVEN STARTED IT, THE IDEA THAT THE, UH, CASITAS COULD BE STD OR A CONDO REGIME. I'M HERE TO TELL YOU THAT THAT IS NOT PART OF THE PLAN WHATSOEVER. ABRIDGE WILL BE MANAGING THE ENTIRE PROJECT, BOTH THE MAIN HOTEL AND THE CASITAS. UH, THERE WILL BE NO ST NO CONDO REGIME WILL ALL BE, UM, MANAGED TOGETHER. SOMEONE ALSO ASKED ABOUT, YOU KNOW, WHY WOULD WE PUT THE PARKING ON TOP? UM, WOULDN'T YOU PUT THE HOTEL THERE? UH, PART OF THE REASON WHY WE DID IS WE WE'RE TRYING TO BE CONCERNED ABOUT THE, UH, HEIGHT SITUATION. SO WE MOVED IT A LITTLE BIT DOWN. BUT THE OTHER MORE IMPORTANT REASON IS, IS TOPOGRAPHY. AND THE BOTTOM LINE IS, IS THAT TOP PART WAS THE FLATTEST PART WHERE WE WERE ABLE TO PUT, UH, SURFACE PARKING, UM, AND, UH, NOT HAVE TO HAVE A, A MULTI-LEVEL PARKING FACILITY. UM, IF WE WOULD'VE DONE THAT, IT WOULD'VE MADE THE SITUATION COST PROHIBITIVE. UM, I'LL ALSO SAY ON THIS TOPIC, I I, I WAS FOREWARNED THAT PARKING MIGHT BE A, A, AN ISSUE, UH, WHEN WE, UH, MET TODAY. AND, UH, I, I'M, I HAD OUR WILL PARNELL IS ON, IF WE NEED TO GET HIM, UH, TO ANSWER SOME QUESTIONS, WE CERTAINLY CAN. BUT I HAD HIM CONFIRM TODAY THAT THE, UH, TABLE THAT WE PUT IN THE, UH, PDD CONFORMS TO LOG VISTA ORDINANCE FOR RATIOS FOR PARKING. AND IF YOU TAKE A LOOK AT THAT, UH, UH, TABLE, IT, IT SHOWS THAT BY RATIOS, BY THE LOGO TO CITY ORDINANCES, WE'RE ONLY ACQUIRED TO HAVE 135 PARKING SPACES. UM, WE'VE DESIGNATED 175, SO WE HAVE 30% MORE PARKING SPACES THAN WHAT LOG VISTA CODE REQUIRES. WE ARE MORE THAN HAPPY. AND I, AND I HAVE A, UM, A PICTURE THAT WILL FORWARDED TO ME TODAY. THERE ARE A FEW MORE AREAS, UH, ON OUR PROPERTY WHERE WE COULD PUT SOME ADDITIONAL PARKING. WE JUST HAVE TO KEEP IN MIND THAT'S GONNA UP THE IMPERIOUS COVER. AND WE WE'RE GETTING RELATIVELY CLOSE TO THE 60% LIMIT. SO, UM, WE'D HAVE TO DO SOME, UM, UM, CALCULATIONS TO FIGURE OUT WHAT WE MIGHT BE ABLE TO ADD AND STILL STAY WITHIN THE 60% LIMIT. UM, GO AHEAD. UH, NOISE. THAT WAS ANOTHER ISSUE THAT WAS, UH, BROUGHT UP. UH, WE ARE A LITTLE BIT CLOSER TO RESIDENTIAL THAN THE HIGH SCHOOL, BUT WE DON'T BELIEVE THAT WE'RE GONNA HAVE NOISE LIKE FOOTBALL GAMES AND BAND PRACTICE AND THINGS LIKE THAT THAT'S GONNA CARRY ACROSS, UH, LA VISTA. BUT, BUT I THINK THE THING THAT I REALLY WANNA POINT OUT IS, IS THAT WE ARE ABSOLUTELY, UM, WANT TO MAKE SURE THAT WE, UH, CONFORM TO ALL NOISE ORDINANCES WITH WITHIN THE CITY OF LA VISTA. SO, YOU KNOW, IF IT SAYS WE GOTTA SHUT DOWN TO 10, WE SHUT DOWN TO 10, WHATEVER IT IS THAT WE HAVE TO DO, WE ARE COMMITTED TO MAKING SURE THAT WE DO THAT SO WE CAN BE A, A GOOD NEIGHBOR. UH, GO AHEAD, MR. WEST. SO ANOTHER QUESTION THAT WAS ASKED WAS ABOUT, UH, POTENTIALLY A, A SECOND ENTRANCE. UH, SO, UH, SECOND ACCESS POINT INSTEAD OF JUST BOGGY FORD. UH, AND I, YOU CAN SEE THE, THE RED LINE UP THERE, THAT'S THE BACK END OF OUR PROPERTY. UM, OBVIOUSLY WE DON'T OWN THE PROPERTY BETWEEN US AND LOMAN FORD. UM, WE, WE ARE HAPPY TO WORK WITH THEM. UM, IF, IF THEY DEVELOP THAT PROPERTY AT SOME POINT, AND THEY ARE OKAY WITH HAVING, UH, AN, AN ENTRANCE THAT FEEDS INTO OUR BACK PARKING LOT, WE'RE MORE THAN HAPPY TO WORK WITH THEM TO MAKE THAT HAPPEN. IT'S JUST WE CAN'T, WE CAN'T ON IN OF OURSELVES MAKE THAT HAPPEN. SINCE WE DON'T OWN THAT PROPERTY. UH, TREES, UH, WE PUT THIS IN. WE, UH, THE P AND Z DIDN'T LIKE IT. THEY TOOK IT OUT AND WE'RE HAPPY WITH THAT. UH, YOU KNOW, WE WILL ACCEPT THE, WHAT THEY SAID AND, AND THE MODIFICATIONS TO THE PDD THAT TOOK OUT THE CAP, UM, WE'RE NO LONGER ASKING FOR THAT CAP, SO I JUST WANTED TO MAKE SURE THAT EVERYBODY WAS AWARE OF THAT. I, I THOUGHT THIS HAD BEEN, UH, PUT TO BED ABOUT THE ISSUE OF, UH, INFRASTRUCTURE CAPACITY. UM, BUT SOMEONE BROUGHT IT UP TO ME AGAIN, AND SO I WANTED TO MAKE SURE I ADDRESSED IT. I SHOT A NOTE TO, UH, MR. RIOS THE, UH, UH, PUBLIC WORKS DIRECTOR, ASKING HIM VERY CLEARLY IF THIS PROJECT, UH, IF THERE'S ENOUGH CAPACITY, BOTH WATER AND WASTEWATER. AND YOU CAN SEE HIS RESPONSE UP HERE THAT HE DID SAY, UH, THAT THERE IS, HE ALSO GAVE THE CAVEATED, WE WON'T GET THOSE LU UNTIL WE ARE ACTUALLY PERMITTED BY THE CITY. WE TOTALLY UNDERSTAND THAT. UM, BUT BOTTOM LINE IS, IS [00:50:01] HE INDICATED THAT THERE'S PLENTY OF CAPACITY, BOTH WATER AND WASTEWATER FOR OUR PROJECT. UH, GO AHEAD. ALSO, WANNA MAKE SURE EVERYBODY'S VERY WELL AWARE THAT WE DID COORDINATE WITH THE ESD, UH, WHILE I WAS STILL MAYOR, I, I INTRODUCED MR. DNDA CURRY TO, UH, CHIEF NORMAN SO THEY COULD HAVE EXTENSIVE CONVERSATIONS. THEY BROUGHT MR. JOHNSTON IN AND MADE SURE THAT THE EQUIPMENT THEY HAD COULD HANDLE ANY OF THE EMERGENCIES THAT MIGHT POP UP, UM, AT THAT PARTICULAR, OR AT OUR FACILITY. SO BOTTOM LINE IS NOW THAT WE'VE REDUCED THE HEIGHT FROM 65 FEET TO 45 FEET, WE'RE EVEN MORE WITHIN THE BOUNDARIES OF WHAT THEIR EQUIPMENT CAN HANDLE. SO, UM, AT THE LAST PLANNING AND ZONING MEETING, UM, THERE WAS A GENTLEMAN THAT GOT UPP SPOKE. HE WAS A, A CITIZEN, JUST, YOU KNOW, CONCERNED ABOUT THE HEIGHT. AND, UH, HE TALKED ABOUT LAKEWAY. UM, AND, AND I JUST THOUGHT IT WAS INTERESTING THAT HE DID. UH, IF YOU LOOK AT THE TABLE UP ABOVE, WE'RE THE MOST RESTRICTIVE OF OURSELVES. LAKEWAY, MARBLE FALLS, KERRVILLE, UM, UH, HE, HE TALKED ABOUT LAKEWAY BEING A LOW RISE, KNOWN AS THE LOW RISE COMMUNITY. AND, AND, AND I JUST WANTED TO ADDRESS THE POINT THAT, UM, LAKEWAY HAS MADE, UM, EXCEPTIONS FOR LAND LANDMARK PROPERTIES. UM, I, I PUT TWO OF THEM HERE. ONE WAS THE LAKEWAY RESORT ON THE LEFT, UM, THE BAYLOR SCOTT AND WHITE, UH, MEDICAL FACILITY ON THE RIGHT. UH, BOTH OF THOSE FACILITIES ARE IN THE SIX TO SEVEN, UH, STORY, UH, CATEGORY. UH, LAKEWAY ALSO HAS A COUPLE MORE, FOUR TO FIVE STORY HOTELS AND, AND NUMEROUS OTHER PROFESSIONAL BUILDINGS THAT ARE THREE AND FOUR STORIES. SO BOTTOM LINE IS, IS THAT I I WE'RE CERTAINLY NOT, UH, BREAKING ANY KIND OF, UH, BOUNDS WHEN WE BRING THIS TO LAGO VISTA. AND, AND WE FIRMLY BELIEVE THAT WE'RE A LANDMARK PROPERTY, UM, THAT PROBABLY IS DESERVING OF THE, THE HEIGHT VARIANCE THAT WE'RE ASKING FOR. UH, SO THIS GIVES THE, THE DETAIL, AND, AND THIS IS PULLED DIRECTLY FROM THE, THE PDD ORDINANCE. WE, UH, AS JORDAN POINTED OUT, MR. MEYER, UM, WE DID RECONFIGURE WHAT WAS ORIGINALLY BROUGHT FORWARD TO Y'ALL, UH, BACK IN FEBRUARY. WE'RE NO LONGER A 65 FOOT BUILDING, IT'S A 42 FOOT BUILDING. UM, WE ALSO END THE ORDINANCE. WE INDICATE THE BASE LEVEL WHERE IT'S GONNA START, AND THE, UH, MSL THAT IT, IT WILL BE CAPPED OUT AT, THERE'S NO, THERE NO FUDGING. WE WON'T BE ABLE TO PULL DIRT AND MAKE A HIGHER POINT AND, AND BE ABLE TO GO EVEN HIGHER. NONE OF THAT WILL BE, UH, ALLOWED BECAUSE OF THE LANGUAGE THAT WE PUT IN THE PDD. AND WE VOLUNTARILY PUT THIS LANGUAGE IN SO THAT WE WOULD PUT PEOPLE'S MINDS TO REST ABOUT, UH, WHAT WE WERE LOOKING FOR. GO AHEAD. SO, UM, I, I ACTUALLY ADDED THIS INFORMATION TO THE PRESENTATION, UH, OVER AND ABOVE WHAT WAS IN THE PLANNING AND ZONING PRESENTATION, UM, PURPOSEFULLY BECAUSE, UM, WE HAD, UH, ONE OF THE COMMISSION MEMBERS WHO VOTED AGAINST AND, AND GAVE A VERY IMPASSIONED, UM, SPEECH ABOUT WHY HE THOUGHT THAT IT SHOULD BE DENIED. AND HE, HE BASICALLY WAS SAYING THAT THEY HAVE THE RIGHT, EVEN THOUGH WE CONFORM TO THE COMPREHENSIVE MASTER PLAN IN THE FUTURE LAND USE MAP, IF WE DON'T CONFORM TO THE CHARACTER OF THE COMMUNITY, UM, THEY CAN DENY IT. AND THAT WAS THE, UM, THOUGHT PROCESS HE USED TO, TO DECIDE THAT HE WAS GONNA VOTE AGAINST IT. AND SO, UM, MY THOUGHT PROCESS WAS, WELL, I, I, I THINK THERE'S A LOT OF EXAMPLES, UM, THAT SHOW THAT WE'RE ABSOLUTELY IN LINE WITH WHAT THE CHARACTER OF THE COMMUNITY IS. AND SO I WENT ABOUT TRYING TO PUT TOGETHER A LIST OF, OF ALL THE PROJECTS THAT ARE HERE IN LAGO VISTA THAT ARE EITHER INTENSE COMMERCIAL OR, UM, HAVE HEIGHT VARIANCES, UH, THAT GO BEYOND 28 FEET ABOVE THE HIGHEST POINT OF THE LOT. AND YOU CAN SEE THERE'S A, A, A WIDE VARIETY OF THEM. YOU KNOW, SOME OF THEM HAVE BEEN BUILT, OTHERS HAVE NOT. UM, BUT JUST TO HIGHLIGHT A COUPLE OF THEM, YOU NEED TO TAKE A LOOK AT NATURE'S POINT. THEY GOT APPROVAL FOR A 65 FOOT, UH, HOTEL BUILDING. UH, WE RANCH. THEY CAN FOR APARTMENTS, CONDOS, AND HOTELS. THEY CAN GO 75 FEET ABOVE THE HIGHEST POINT OF THE LOT. UM, AND, AND THEIR AMENITY CENTER CAN BE 40 FEET ABOVE THE HIGHEST POINT OF THE LOT. UH, THE PENINSULA WAS APPROVED FOR 48 FEET ABOVE THE HIGHEST POINT OF THE LOT, UH, MAHOGANY, WHICH WAS OVERCOME BY, UH, TURNBACK 32 FEET ABOVE THE HIGHEST POINT, UH, THE MARSHALL'S HARBOR CONDO DEVELOPMENT 35 FEET. SO, UM, THE ISLAND FOUR STORY BUILDING. AND, AND I THINK THE OTHER THING I I WANNA POINT OUT WHILE I'M ON THIS SLIDE IS TAKE A LOOK AT THE APPROVAL DATE. I PUT THAT THERE ON PURPOSE BECAUSE, YOU KNOW, SOMEONE COULD MAKE THE POINT THAT, OH GOSH, YOU KNOW, THERE WAS SOME ROGUE COUNCIL IN 2007 THAT APPROVED ALL THESE THINGS, AND YOU CAN TELL FROM THE DATES OF WHEN THESE THINGS WERE APPROVED THAT THAT'S NOT THE CASE. UM, WITH THE EXCEPTION OF THE 1990S, EVERY DECADE OF THE CITY'S EXISTENCE HAS SHOWN, UM, THAT THEY'VE APPROVED PROJECTS LIKE THIS. SO IT'S BEEN DONE 45 YEARS AGO, UH, AND AS EARLY AS LIKE THREE OR FOUR YEARS AGO. UM, NEXT SLIDE. THIS SLIDE IS ALL OF THOSE PROJECTS MAPPED OUT, UH, ON LOG VISTA. THE REASON WHY I WANTED TO SHOW YOU THIS IS TO SHOW THAT THESE PROJECTS THAT HAVE BEEN APPROVED IN THE PAST FOR HIGHER BUILDINGS AREN'T IN JUST ONE LOCATION. THEY'RE NOT ALL JUST ON THE SHORELINE OR UP IN THE 1431 CORRIDOR. THEY'RE LITERALLY IN ALL PARTS OF LA VISTA. AND SO THESE NEXT SLIDES ARE, WERE JUST THE ABILITY TO GIVE YOU GUYS, UH, A BIRD'S EYE VIEW OF, UH, EACH ONE OF THE ONES. AND WE DON'T HAVE TO TAKE LONG TO LOOK AT [00:55:01] 'EM. I THINK THE MAIN THING I WAS TRYING TO POINT OUT, ESPECIALLY FOR THIS ONE, AND THE NEXT ONE, IS, UM, YOU'RE TALKING ABOUT THESE PROJECTS THAT ARE LITERALLY RIGHT NEXT DOOR TO RESIDENTIAL PROPERTY. THERE IS NO BUFFER WHATSOEVER BETWEEN THE, THE NATURE'S POINT DEVELOPMENT AND THE RESIDENTIAL THAT'S RIGHT NEXT TO 'EM, BOTH TO THE SIDE AND, AND, AND BENEATH THEM. WIND RANCH IS A LITTLE BIT DIFFERENT. IT HASN'T BEEN BUILT, OBVIOUSLY. UM, THEY'RE GONNA SEGMENT ALL OF THEIR STUFF DOWN TO THE SHORELINE, AND THEY'LL HAVE THEIR RESIDENTIAL UP HERE, SO THAT THAT'S A LITTLE BIT BETTER. UM, BUT THEY ALSO GOT THE, THE HIGHEST, UH, UM, VARIANCE IN THAT THEY GOT 75 FEET ABOVE THE HIGHEST POINT OF THE LOT. UM, NEXT, THIS IS THE PENINSULA. THEY HAD 48 FEET ABOVE THE HIGHEST POINT OF THE LOT, AND AGAIN, THEY DIRECTLY ABUT, EXCUSE ME, RESIDENTIAL, UH, ACROSS THE COVE AND ABOVE THEM. UH, NEXT, UM, THIS IS THE OLD MAHOGANY. UM, YOU CAN GO PAST THIS ONE. UH, THIS IS THE CONDO CON COMPLEX AT THE END OF MI LAGA DRIVE. UM, THERE'S RESIDENTIAL RIGHT NEXT TO 'EM. NOT ONLY DO THEY HAVE THE ABILITY TO PUT A 35 FOOT, UH, CONDO BUILDING, BUT THEY HAVE DRY DOCK STORAGE THAT THEY WERE APPROVED FOR THERE. GO AHEAD. UH, TH THIS SHOWS A NO TO MEAN. THE BOTTOM PICTURE SHOWS YOU, UM, WHERE THEY ARE, AND THEN YOU CAN SEE LITERALLY DIRECTLY ABOVE THEM ARE RESIDENTIAL LOTS. AND, YOU KNOW, I PUT THE TOP PICTURE SO YOU JUST GET A FEEL FOR THE PROMINENCE OF THAT BUILDING IN THAT LOCATION. THIS IS THE ISLAND FOUR STORY, AGAIN, DIRECTLY ABUTS, UH, UH, COMMERCIAL, I'M SORRY, RESIDENTIAL. YOU CAN SEE THIS FROM ALL OVER. THE SOUTH SIDE OF, OF LAGO VISTA, UM, WAS APPROVED. UM, THIS ONE'S PRETTY INTERESTING. A LOT OF PEOPLE DON'T EVEN KNOW ABOUT THIS ONE. UM, THIS IS AT THE, UH, OLD CLUBHOUSE FOR THE HIGHLAND LAKES GOLF COURSE, AND THIS WAS APPROVED, I BELIEVE IT WAS BACK IN 2013. UM, AND YOU CAN SEE THE EXTENSION OVER HERE ON THE RIGHT HAND SIDE. THE THING THAT'S A LITTLE SHADED COLOR, THEY WERE APPROVED FOR A, A, A THREE STORY, 60 ROOM HOTEL, BOUTIQUE HOTEL RIGHT ON THE SIDE. THAT SIDE, THAT ENTITLEMENT STILL EXISTS TODAY. AND, UM, IT COULD BE BUILT. SO, AND I MEAN, THAT IS SMACK DAB IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD. UM, SO HARDLY, YOU KNOW, ANY BUFFERING WHATSOEVER. NEXT, UH, THIS IS THE APARTMENT COMPLEX ON BOGGY FORD. UM, YOU CAN, YOU KNOW, IT'S A TRIANGULAR PROPERTY, BUT ALL OF THE, THE, UM, AREA AT THE BOTTOM OF THE TRIANGLE, THAT'S ALL, UH, RESIDENTIAL, SINGLE FAMILY RESIDENTIAL, AND YOU CAN SEE THE PROMINENCE OF THIS BUILDING. UH, ANYBODY WHO'S BELOW THAT IS GONNA SEE THAT, UH, WHEN THEY LOOK BACK UP THE HILL. GO AHEAD. UM, THIS ISN'T AS TALL, UH, BUT I WANTED TO POINT OUT BOTH THE LAG VISTA VILLAGE, UH, AND THE, UH, WHERE THE, THE LOWE'S HARDWARE, UH, LOWE'S AND ACE HARDWARE ARE. UM, THOSE ARE FAIRLY INTENSE, UM, COMMERCIAL PROPERTIES, IF YOU WILL. PROBABLY THE MOST THAT WE HAVE IN LAGO VISTA, THE LAND DIRECTLY TO THE NORTH OF THEM IS RESIDENTIAL PROPERTY. YOU CAN SEE A COUPLE HOUSES THAT ARE RIGHT THERE, ZERO BUFFERING BETWEEN THEM AND THE RESIDENTIAL PROPERTY THAT'S THERE. NEXT ONE IS THE, THIS IS THE LOW'S AND, AND ACE. UM, YOU CAN KIND OF SEE UP ABOVE IT. THERE'S A STREET AND ANOTHER STREET, AND THERE'S, THERE'S LIKE A, A TREE SPOT RIGHT THERE. I DON'T KNOW IF YOU KNOW IT, BUT THOSE ARE TWO RESIDENTIAL LOTS THAT WILL PROBABLY NEVER BE BUILT. WHO'S GONNA WANNA BUILD RIGHT THERE? BUT BOTTOM LINE IS THIS WAS APPROVED, UM, WITH RESIDENTIAL RIGHT NEXT TO IT. OKAY. SO WE'VE NOW SEEN ALL OF THOSE. NOW, LET'S TAKE A LOOK AT, AT OUR PROJECT. UM, WE ARE HIGH, UH, UH, OUTLINED IN RED HERE AND, AND ON ALL SIDES OF US, UH, THE EAST, THE WEST, UH, THE NORTH, UM, THAT IS ALL COMMERCIAL PROPERTY. UM, AND THEN TO THE SOUTH OF US IS A, A STREET, A A PUBLIC ROAD. AND THE NEAREST RESIDENTIAL LOT IS 400 FEET AWAY FROM US. UM, THE ACTUAL HOME, UH, THE CLOSEST HOME IN SEVEN PORTICOS IS ABOUT 800 FEET AWAY FROM US, AND THE REST OF THE HOMES IN THERE ARE 1100 FEET AWAY FROM US. UM, THE AMERICAN PLANNING ASSOCIATION, UM, THEY GIVE INFORMATION ABOUT, YOU KNOW, WHAT'S GOOD PLANNING, UM, PROJECTS. THEY SAY THAT, YOU KNOW, 25 TO 50 FEET IS A GOOD BUFFER BETWEEN COMMERCIAL AND RESIDENTIAL. WE'RE, YOU KNOW, EIGHT TIMES THAT. UM, SO BOTTOM LINE IS, IS THAT THE, THE, THE, I GUESS THE LAST THING, THE FIREFLY RESIDENTIAL COMMUNITY THAT IS TO THE SOUTH OF US. UM, I THINK I SHARED THAT WITH EVERYBODY WHO WAS IN THE PACKET. UM, I QUERIED, UH, MR. GDA, AND HE INDICATED THAT THEY HAVE NO OBJECTION TO OUR, SO LITERALLY WE'RE COMMERCIAL SURROUNDED AND ACROSS THE STREET. THEY'VE SAID THEY DON'T HAVE AN OBJECTION TO OUR PROJECT. AND IF YOU HAVE THE VIDEO, MR. WEST, UM, WE, WE DID TAKE A VIDEO FROM OUR PROPERTY FROM, UH, APPROXIMATELY WHERE OUR BUILDING WILL BE. AND, UH, WE PUT THE DRONE UP AT THE 10 35, APPROXIMATELY 10 35, AND WE SCANNED AROUND. AND IF HE'S UN UNABLE TO GET IT, WE DID SHOW IT DURING THE, THE PLANNING AND ZONING. UM, YOU MAY HAVE TO REFRESH IT. WE HAD TO DO THAT LAST TIME. HERE WE GO. [01:00:01] BUT ONCE IT GETS INTO POSITION, HE'LL PAN AROUND. WE DON'T SEE SEVEN PORTICOS, THEY WON'T SEE US. UH, IT'S ONE OF THOSE THINGS WHERE, YES, WILL IT BE A PROMINENT BUILDING WHEN YOU'RE ON BOGGY FORD DRIVING RIGHT PAST IT? YES, NO DOUBT ABOUT IT. BUT BOTTOM LINE IS BECAUSE OF THE TOPOGRAPHY IN THAT AREA AND THE TREE COVER IN THAT AREA, UM, YOU, YOU'RE NOT GONNA SEE IT FROM A LOT OF DIFFERENT LOCATIONS OVER IN THAT AREA. UM, AND ESPECIALLY, UH, SEVEN PORTICOS. UM, IT REALLY SHOULDN'T BE AN ISSUE. THIS IS THE, THE NEW STORAGE FACILITY THAT WAS BUILT UP ON LOMAN. AND THEN THERE'S THE, THE HIGH SCHOOL. WE SEE THEM, THEY'LL SEE US. UH, BUT YOU KNOW, THE HIGH SCHOOL IS VISIBLE FROM A LOT OF LOCATIONS OVER THERE. UM, I DON'T THINK WE'LL BE ANY, REALLY ANY DIFFERENT FROM, FROM THEM TO BE HONEST WITH YOU. GREAT. THANK YOU, SIR. UM, SO ON THIS ONE, I JUST WANTED TO REITERATE THAT WE FEEL THAT WE COMPLY WITH THE COMPREHENSIVE MASTER PLAN, UH, THE FUTURE LAND USE MAP, UH, THIS AREA, IF YOU TAKE A LOOK AT THE COMPREHENSIVE MASTER PLAN FROM 2016, IT TALKS ABOUT THE FACT THAT IT WAS THE NUMBER ONE PRIORITY FOR ANNEXATION INTO THE CITY. UH, AND, AND, AND AGAIN, THE DEVELOPER CAME FORWARD OF HIS OWN VOLITION TO ANNEX INTO THE CITY, SAYING VERY CLEARLY HE PLANNED TO BUILD A HOTEL THERE. UH, AND SO, UH, AGAIN, IN THE CONFERENCE, CONFERENCE OF MASTER PLAN, EXCUSE ME, IT SAYS IN MULTIPLE LOCATIONS IN THERE, UM, THAT A HOTEL IS HIGHLY DESIRED AND THE CITY SHOULD GO OUT AND ACTIVELY PURSUE ONE. SO WE FEEL LIKE WE'RE IN, IN COORDINATION WITH THE CONFERENCE OF MASTER PLAN. SO, UH, WHAT I TRIED TO DO, UH, I MET WITH MR. PRINCE AND HE GAVE ME SOME FEEDBACK, AND I I, IT, IT REALLY RESULTED IN THESE NEXT TWO SLIDES, UH, TO, TO GIVE YOU GUYS A LITTLE BIT OF A, AN IDEA ABOUT, YOU KNOW, THE EXTENT THAT WE'VE GONE TO, TO TRY AND FIGURE OUT WHAT WE CAN DO TO TRY AND MAKE SURE THAT WE ARE BEING THE BEST PARTNER THAT WE POSSIBLY CAN. SO THIS IS JUST KIND OF A SUMMARY OF, OF WHERE WE ARE RIGHT NOW, THAT, UH, YOU KNOW, 20 FEET ABOVE THE HIGHEST POINT OF THE LOT, WHICH IS 9, 9 6 GIVES YOU 10 24. UM, THAT'S WHERE WE STAND. UM, THE EVENT CENTER WILL BE, WOULD BE NOT A PROBLEM. THEREFORE, FOOT UNDER THE, THE LIMIT, UM, THE, THE MAIN BUILDING WILL BE 11 FOOT OVER THE LIMIT. AND THAT'S THE VARIANCE THAT WE'RE ASKING FOR AS PART OF OUR PD. AND, AND AS WE COME TO YOU TODAY, UM, IF YOU, IF YOU GO TO THE NEXT SLIDE, UH, THIS IS WHERE WE KINDA LOOKED AT THE VARIOUS OPTIONS THAT WE HAD IN FRONT OF US. UH, I'M NOT SURE WHO IT WAS THAT THAT BROUGHT IT UP, BUT THE IDEA, UH, POPPED UP. WHY DON'T WE SWAP THE HOTEL AND THE EVENT CENTER? UM, SO IT BRINGS THE HOTEL DOWN A LITTLE BIT. UM, THE ISSUE WITH THAT IS, IS THAT IT ONLY COMES DOWN ABOUT SIX FEET. UH, WE WOULD STILL NEED A SIX FOOT VARIANCE, I'M SORRY, FIVE FEET. WE'D NEED A SIX FOOT VARIANCE, EVEN WITH THE HO DOWN, UH, DOWN BELOW. AND, AND THERE'S OTHER COMPLICA, UH, COMPLICATING FACTORS IN THAT, UM, THE COST RISE, IT COULD BE AS MUCH AS A MILLION AND A HALF DOLLARS MORE FOR US TO MAKE THAT SWAP. UH, IN THE THINGS THAT GO WITH IT, UH, THE, THE, UH, VARIANCE WOULD NOT BE SOLVED. WE STILL NEED A SIX FOOT VARIANCE, UH, WITH THAT OPTION. UM, OUR IHG AGREEMENT COULD, UH, BE AT RISK, UH, GIVEN THE FACT THAT WE MAY NOT HAVE AS MANY VIEW ORIENTED ROOMS. UM, WE STILL WOULD HAVE THE 90 ROOMS, THAT'D BE GREAT. UM, BUT THE, UH, CITY TAX REVENUE, UM, WOULD BE DELAYED POTENTIALLY BY SIX TO NINE MONTHS. UM, WE WOULD HAVE AN A, A REDESIGN RELATIVE TO THE IMPERVIOUS COVER, AND WE'D POTENTIALLY HAVE A SIX TO NINE MONTH DELAY. UM, OPTION TWO IS TO EXCAVATE UNDERNEATH THE HOTEL. AND, UH, AS YOU WOULD IMAGINE, THAT IS, UH, A COSTLY, UH, ITEM. UM, WE ESTIMATED SOMEWHERE IN THE RANGE OF 1.4 TO $2.4 MILLION IN ADDITIONAL COST. AND SO YOU START TO, UH, YIELD THE PROJECT FINANCIALLY AND FEASIBLE WITH SOME OF THESE ADDITIONAL COSTS. THE, UH, AND THE VIEWS WOULD BE BLOCKED. AND, AND SO THE IHG AGREEMENT WOULD BE, UH, POTENTIALLY, UH, AT RISK. AND AGAIN, THE TAX DOLLARS TO THE CITY COULD BE DELAYED. UH, ANOTHER OPTION WOULD BE ELIMINATE A FLOOR, AND WE WOULD BE BREACHING OUR IHG AGREEMENT. IF WE DID ELIMINATE, WE ALREADY ELIMINATED THE FLOOR THAT HAD THE CONFERENCE CENTER AND MOVE THAT DOWN BELOW. THERE'S NOT A WHOLE LOT MORE THAT WE CAN DO USING THAT, THAT METHOD. AND, AND SO LITERALLY WE'D JUST BE REMOVING A FLOOR AND CAUSING US TO, TO LOSE ROOMS. UM, AND, AND QUITE FRANKLY, THE PROJECT JUST WOULDN'T HAPPEN. UM, AND SO WE'RE LEFT WITH THE, THE LAST OPTION, WHICH WE STILL FEEL IS THE BEST OPTION. AND, AND WE'RE, UM, ASKING YOU TO APPROVE IT IS TO APPROVE THE 11 FOOT, UH, HEIGHT VARIANCE. UM, AND IF THAT HAPPENS, THERE'S, YOU KNOW, NO ADDITIONAL COST. WE HONOR OUR AGREEMENT WITH IHG, THE TAX DOLLARS FLOW ON SCHEDULE. UM, AND, AND PREVIOUS COVER IS FINE. UH, AND DOWN BELOW IS JUST, UH, SOME OF THE, THE IMPACTS [01:05:01] OF, OF, UH, GOING WITH OPTION FOUR. SO JUST, UH, YOU KNOW, FINAL THOUGHTS. UH, WE FEEL LIKE OUR PLAN IS IN LINE WITH A COMPREHENSIVE MASTER PLAN. UM, WE VOLUNTARILY ANNEXED INTO THE CITY AND LET THE CITY KNOW WE PLANNED TO BUILD A HOTEL. SO THERE WERE NO SURPRISES. UM, WE'RE, WE'VE BEEN ATTEMPTING TO WORK WITH ALL THE PARTIES. WE'VE MADE THESE MODIFICATIONS. WE BROUGHT THE HOTEL DOWN BY, UH, 23 FEET SO THAT IT WOULDN'T STICK UP IN THE SKY AS MUCH. AND SO WE'RE DOING OUR BEST, UH, TO BE A GOOD NEIGHBOR. AND I THINK THE, THIS, THERE'S BROAD AGREEMENT THAT THE HOTELS NEEDED IN LAG VISTA. IT WAS STATED IN THE COMFORTS OF MASTER PLAN. UM, MOST PEOPLE FEEL LIKE WE NEED ONE. UH, THIS HELPS MOVE US TOWARDS DIVERSIFYING OUR TAX BASE TO WHERE WE'RE DRAWING FUNDS FROM, NOT JUST RESIDENTS, BUT ALSO COMMERCIAL. AND THIS WOULD BE A SITUATION WHERE YOU'RE NOT ONLY GETTING, UM, UH, AT WARM TAX, YOU'RE GETTING SALES TAX, YOU'RE GETTING HOT TAX. SO IT'S A BROAD BASED, UH, TAX BENEFIT. UM, I THINK THAT'S IT. I'M HAPPY TO ANSWER ANY QUESTIONS THAT Y'ALL HAVE, UH, NOW OR AFTER YOU'VE HAD SOME DISCUSSIONS. SO, UH, NOW I WAS GONNA ENTERTAIN, UH, TECHNICAL QUESTIONS. THERE'S A FEW QUESTIONS THAT Y'ALL HAD BEFORE I WENT TO CITIZEN COMMENTS. UH, AND THEN ONCE THE CITIZENS HAVE, UH, SPOKEN, I HAVE ABOUT EIGHT INDIVIDUALS HERE, THEN IT WILL COME BACK TO US. DO YOU, DOES ANYONE HAVE, UH, TECHNICAL QUESTIONS OR THERE QUESTIONS? THEY WERE LIKE, I HAVE AMENDMENT QUESTION. OKAY. UM, SO YOU STATED THAT THE PROPERTY IS ABOUT 800 FEET ALONG ALL SIDES BEFORE IT CONNECTS TO A RESIDENTIAL HOME OR AREA. IS THAT CORRECT? SO THE EQUIVALENT OF LIKE TWO, TWO, POSSIBLY EVEN TWO AND A HALF FOOTBALL FIELDS. UM, WE ARE, WELL, TWO THE EAST, IT'S ALL COMMERCIAL PROPERTY. MM-HMM . UM, UH, TO THE WEST, THERE'S ANOTHER COMMERCIAL PROPERTY THAT IS IN BETWEEN US AND RESIDENTIAL. IT'S ABOUT 400 FEET TO THEIR PROPERTY LINE. BUT BECAUSE THE, THAT'S, UH, SEVEN PORTICOS, THEY ALL HAVE TWO AND A HALF ACRE LOTS. THE HOUSE IS, IS A FULL 800 FEET AWAY FROM OUR PROPERTY LINE, AND MOST OF THE REST OF THE HOUSES ARE 1100 FOOT AND, AND PLUS AWAY FROM OKAY. OUR PROPERTY. SO I WAS JUST, JUST TRYING TO, YOU KNOW, GET A VISUAL. I'M THINKING ABOUT, YOU KNOW, I WAS TRYING TO PUT IT IN, IN TERMS OF, YOU KNOW, MAYBE I COULD VISUALIZE OF WHAT THIS WOULD BE, WHAT IT WOULD FEEL LIKE. YOU KNOW, ONCE IT'S THERE, THEY WON'T SEE IT. YEAH. YEAH. I'M THINKING WITH THE, WITH THE, WITH THE COVERAGE. AND THEN THE EQUIVALENT BASICALLY IS, IS 2, 3, 2 AND A HALF FOOTBALL FIELDS BETWEEN ANY OF THE ADJOINING AREAS. RIGHT. OKAY. THANK YOU. ALRIGHT, IF, IF I COULD, UM, I SENT AN EMAIL EARLIER TODAY TO ALL OF Y'ALL. THAT'S IT. I HOPE Y'ALL GOT IT. IF YOU DIDN'T, I HAVE HARD COPIES OF THE INFORMATION THAT I SENT TO Y'ALL. UH, I JUST WANT TO, UH, MAKE IT CLEAR THAT IF YOU DECIDE TO MOVE FORWARD WITH A MOTION TO APPROVE THIS, I THINK THERE ARE A COUPLE OF THINGS THAT SHOULD BE MODIFIED OVER AND ABOVE WHAT PLANNING AND ZONING DID. UM, ONE WOULD BE THE RED LINE THAT WAS MADE FOR SIDEWALKS. UH, THERE WAS A TYPO. IT SAID CONTAGIOUS INSTEAD OF CONTIGUOUS. I WOULD JUST RECOMMEND THAT THAT BE FIXED IN WHATEVER MOTION THAT YOU MAKE. UM, I DID SEND OVER AN UPDATED EXHIBIT B ONE, UM, THAT HAD TABLES FOR INFORMATION ABOUT THE BUILDINGS. UM, WE INADVERTENTLY HAD THE, UH, SQUARE FOOTAGE OF THE BUILDING WRONG BOTH IN THAT TABLE AND ALSO IN THE ORDINANCE SECTION 6.1 A. WE HAD IT LISTED AS 50,000 SQUARE FEET. IT SHOULD READ 73,116 SQUARE FEET. AND THEN IF Y'ALL DECIDE THAT YOU WANT SOME, UH, PARKING ADJUSTMENTS, OBVIOUSLY WHATEVER IT IS YOU DECIDE THERE. AND, AND I'LL LEAVE YOU BE. THANK YOU. OKAY. THANK YOU. ALL RIGHT. SO NOW WE'LL GO AHEAD AND, UM, HAVE CITIZENS, UH, COME UP AND GIVE COMMENTS. THE CITIZEN COMMENTS ARE NOW OPEN FOR THIS ITEM. UM, I DO WANNA SAY THAT THIS IS THREE MINUTES. JUST WANTED TO LET EVERYONE KNOW I'VE GOT EIGHT CITIZENS AND THESE WILL BE DONE IN THE ORDER THAT THEY WERE TURNED IN. SO AT THIS TIME, I WOULD LIKE TO BRING UP ENRIQUE LOPEZ. UH, YES. MY NAME IS ENRIQUE LOPEZ. I'VE BEEN IN, UH, I LIVE HERE IN LAGO VISTA. I'VE LIVED HERE FOR 20 YEARS. UH, MY PAST LIFE I WAS, UH, IN THE PLANNING AND ZONING, UH, DEPARTMENT FOR THE CITY OF BOSTON. I DID THAT FOR 17 YEARS. UH, SO I'VE BEEN, UH, WELL, I USED TO BE VERY ACTIVE IN, IN CITY COUNCIL, ET CETERA. UH, BUT LATELY I'VE TAKEN, YOU KNOW, IT'S JUST BUSINESS. I'VE BEEN, UH, BUSY MAKING [01:10:01] A LIVING. UH, I'M ALSO IN THE PLANNING AND ZONING DEPARTMENT, UH, COMMISSION. AND, UH, UNFORTUNATELY I WASN'T ABLE TO ATTEND THE, UH, LAST WEEK'S MEETING OR TWO WEEKS MEETINGS, UH, ANYWAYS, BUT I, UNFORTUNATELY I WASN'T ABLE TO ATTEND, BUT I WOULD'VE VOTED FOR THE, UH, FOR THE, UH, UH, HOTEL. THERE'S A COUPLE THINGS THAT, UH, PEOPLE, YOU KNOW, EVERYTHING. I THINK WE'RE GONNA HEAR A LOT ABOUT THE CONCERNS, UH, THE TREES, THE EVERYTHING. BUT I THINK ONE THING THAT'S, THAT'S GONNA HIT HOME A LITTLE BIT MORE IS I'VE GOT TWO DAUGHTERS WHO GRADUATED FROM ROUND ROCK HIGH OR LAGO VISTA HIGH SCHOOL. AND I REMEMBER THAT, UH, WE HAD PEOPLE FROM MEXICO, WISCONSIN, CALIFORNIA. EVERYBODY CAME TO THE GRADUATION, UNFORTUNATELY, AND THESE ARE RELATIVES WE HAVEN'T SEEN IN A LONG TIME. THE WORST PART ABOUT IT IS WE HAD A SHIP ON TO CEDAR PARK BECAUSE THERE WAS NO PLACE TO STAY HERE IN LAGO VISTA, YES, YOU DO HAVE SHORT TERM RENTALS, OKAY, BUT MY MOM AND DAD, MY DAD'S 91, MY MOM'S 87, THEY DON'T DO SHORT TERM RENTALS. THEY WANNA GO TO THE HOTEL, SPEND THE NIGHT, COME DOWNSTAIRS, HAVE THEIR BREAKFAST, AND NOT EVEN MAKE THE BED, DON'T DO ANYTHING. SO THIS, THIS IS A BIG DIFFERENCE BETWEEN SHORT TERM RENTALS AND THE HOTEL. YOU KNOW, THERE'S, UH, THERE'S, YOU KNOW, WE'RE NOT GONNA, I DON'T THINK WE'RE GONNA DRIVE THE SHORT TERM RENTAL PEOPLE OUTTA BUSINESS, BUT IT'S GONNA BE A LOT MORE ACCOMMODATING FOR PEOPLE COMING INTO TOWN FOR EVENTS. UH, EVERY YEAR, LAGO VISTA, LAGO VISTA, IST KEEPS GROWING. AND THAT MEANS MORE GRADUATION, GRADUATING STUDENTS, AND THE MERE FACT THAT WE HAVE TO GO TO CEDAR PARK OR FOREVER, AND WE CAN'T, YOU KNOW, IT JUST RUINS THE WHOLE, A LOT OF THE ENVIRONMENT OF BEING IN THIS BEAUTIFUL COMMUNITY. AND, BUT ALL, WELL, WE HAVE TO GO TO CEDAR PARK BECAUSE THAT'S WHERE ACCOMMODATIONS ARE. SO, LIKE I SAID, I HOPE EVERYBODY TAKES INTO CONSIDERATION. UH, WE DO NEED A HOTEL, NOT FISCALLY, FINANCIALLY, EVERYTHING. THE TAX BURDEN RIGHT NOW IS SITTING 100% ON THE RESIDENTIAL, UH, PROPERTY TAXES. WE NEED HELP AND SALES, TAXES, HOTEL TAXES, INCOME TAXES, WHATEVER. RIGHT NOW ALL THE BURDENS IS ON OUR SHOULDERS. SO ANYTHING THAT COULD HELP ALLEVIATE THE HIGH TAXES WOULD BE APPRECIATED. THANK YOU. THANK YOU. UH, NEXT I HAVE CONSTANCE MENDEZ. YES, BY THE WAY, UH, EXCUSE ME. UH, I SURRENDER MY THREE MINUTES TO HER. THANK YOU. OKAY. TAKE A, UH, WELL THANK YOU ALL VERY MUCH FOR THE JOB YOU DO. I KNOW IT'S NOT EASY, AND I WANNA THANK YOU ALL AGAIN. UH, CONSTANCE MENDEZ, TWENTY TEN FOUR, UH, VICTORIA CHASE, SEVEN PORTICOS, THE ONE THAT'S A THOUSAND OR 1500 FEET AWAY FROM THIS PROJECT. AND, UM, I OBJECT TO IT. YOU HEARD SHORTER, I HEARD, I OBJECT TO IT JUST LIKE 190 OTHER PEOPLE DO. I GAVE YOU ALL THE PETITION, THE OPPOSITION PETITION. SO I'M NOT BY MYSELF IN, UM, YOU KNOW, NOT WANTING THIS TO TAKE PLACE WHERE THEY'RE PLANNING TO BUILD IT. IT'S NOT THAT I DON'T WANT A HOTEL, I'VE STATED THIS BEFORE. Y'ALL KNOW MY POSITION. YOU'VE HEARD IT PLANNING ZONING, YOU HEARD IT THE LAST CITY COUNCIL. SO I'M NOT GONNA GO THROUGH ALL THAT. BUT, UH, I STILL HAVE MY PERSPECTIVE ON THIS. IT'S NOT THE RIGHT LOCATION. IT SHOULD BE WHERE THERE'S MORE VISIBILITY. VISIBILITY EQUALS VIABILITY. LOCATION, LOCATION, LOCATION. THAT'S WHAT, YOU KNOW, EVERYBODY KNOWS. SO I'M ASKING THAT YOU ALL TABLE THIS, DENY IT OR SEND IT BACK TO P AND Z BECAUSE I WOULD LIKE TO SEE THE HEIGHTS REDUCED TO 35 FEET. THEY SHOULD BE SUBJECTED TO EVERYBODY ELSE'S STANDARDS. AND WE SHOULDN'T GIVE THEM A VARIANCE JUST BECAUSE THEY WANNA HAVE A TWO STORY SECTION. AND I'D LIKE TO SEE IT, THE FOOTPRINT BE SMALLER, FEWER ROOMS. I MEAN, OKAY, PUT A HOTEL BUT DON'T HAVE 90 ROOMS OR 12 CASITAS OR WHATEVER. THOSE ARE JUST MY, UM, MY, MY BIAS. EVERYBODY HAS A PERSPECTIVE, AND YOUR PERSPECTIVE CHANGES AS HOW IT IMPACTS YOU PERSONALLY. YOU KNOW, I ASKED YOU ALL BEFORE, IF THIS WERE GONNA BE PUT IN YOUR BACKYARD, HOW WOULD YOU FEEL? AND, YOU KNOW, UH, AND MR. SULLIVAN, IT'S NOT GONNA BE IN YOUR BACKYARD EITHER. SO, YOU KNOW, THIS IS, THIS IS, UH, A PERSONAL THING. UM, I WANNA THANK THE INDIVIDUALS WHO HELPED ME COLLECT ALL THOSE SIGNATURES. UH, SALLY AND BOB RUGGIERO, THEY'RE BACK THERE. AND, UH, JUSTIN LONG, WHO COULD [01:15:01] NOT BE HERE. UNFORTUNATELY, WHEN THINGS ARE HELD AT FOUR O'CLOCK, SOME PEOPLE HAVE TO WORK AND THEY CAN'T BE HERE. SO, UH, BUT THAT'S WHY I HAVE THAT LIST OF PEOPLE WHO ARE IN OPPOSITION. UM, LET ME SEE IF THERE'S ANYTHING ELSE I WANNA SAY. WELL, I'VE GOT MY HUSBAND'S MINUTES. OH YES, THERE ARE SOME MIS UM, LEADING STATEMENTS BEING MADE. YOU KNOW, I LOOKED ONLINE TO SEE IF THERE ARE OTHER COMMERCIAL PROPERTIES AVAILABLE. AND YES, I KNOW THAT'S NOT THE ISSUE AT HAND, BUT THERE ARE OTHER COMMERCIAL PROPERTIES. THERE ARE 1, 2, 3, 4, 5 THAT COULD BE BOUGHT. AND I CAN GIVE YOU THE ADDRESSES IF YOU'D LIKE. BUT THEY'RE UP THERE EITHER AT 1431 AND, UM, LOMAN FORD. AND THE FACT THAT TDOT'S GONNA GIVE YOU A HARD TIME, WELL, THAT'S NOT MY PROBLEM. BUT PUTTING THIS HOTEL WHERE YOU'RE GONNA PLAN TO PUT IT IS MY PROBLEM. SO YOU KNOW THAT THAT'S AN ISSUE FOR SOMEBODY ELSE TO FIGURE OUT. UM, THIS WON'T GO TO PROPERTY TAXES. THEY'LL PAY PROPERTY TAX, AND THAT'S THE ONLY WAY IT'LL HELP OUR TAX BASE. BUT NONE OF THIS MONEY WILL GO FOR THAT. AND THE BOTTOM LINE IS, THE MORE WE DO, THE MORE WE BUILD, THE MORE WE HAVE TO PROVIDE FOR INFRASTRUCTURE, THEN WITH THE MORE WE HAVE TO BUILD TO PAY FOR THAT INFRASTRUCTURE. AND IT'S A VICIOUS CYCLE. YOU JUST KEEP GOING ON AND ON AND ON. SO, YOU KNOW, UNLIKE LA VISTA THE WAY IT IS, I DON'T WANT ANY MORE DEVELOPMENT THAN WHAT WE HAVE. SO THANK YOU ALL VERY MUCH. AND I THINK I'VE GOT MINUTES LEFT. SO PLEASE DO THINK ABOUT, YOU KNOW, YOU DON'T HAVE TO PASS THIS RIGHT NOW. THINK ABOUT IT. THIS IS A BIG DECISION THAT'S GONNA CHANGE THE WHOLE, YOU KNOW, FACE OF THIS AREA. AND I THINK THAT'S THE WRONG PLACE TO PUT IT. SO PLEASE TABLE IT. THANK YOU. DO I GET HER REMAINING MINUTE ? NO, NO, I'M JUST ASKING YOU. THANK YOU, CONSTANCE. UM, NEXT I HAVE DAVID VNO KING, UH, TO DAVID . JUST SOME CONTEXT FROM A DIFFERENT PERSPECTIVE ON IT. IT IS IN TECHNICALLY THE AREA THAT WE'VE DECIDED ON THE FLU AND, OR I THINK EVEN IN THE NEXT ONE IT'S STILL DESIGNATED THE SAME. BUT I PERSONALLY DO WANT TO SEE MORE OF THE TAX REVENUE NOT BEYOND THE HOMEOWNERS AND THE PROPERTY OWNER IN MY OWN CONVERSATIONS WITH HIM OUTSIDE OF THINGS DISCUSSED HERE, HAS PERSONALLY LOOKED INTO NOT JUST THIS PROJECT, BUT OTHER, OTHER RESOURCES AND DESIRES THAT LAGO VISTA RESIDENTS HAVE. THERE'S OTHER BUSINESSES THAT HE WANTS TO OPEN. THERE'S OTHER COMMUNITY RESOURCES THAT HE WANTS TO PROVIDE. THERE'S A LOT OF THINGS THAT HE IS BEEN WILLING TO DO IN GOOD FAITH. AND OBVIOUSLY IT'S NOT IN THE PURVIEW AND RELATED TO HEIGHT VARIANCE, BUT I, I JUST WANNA POINT OUT THAT WHERE THIS IS AGAIN, THE TREES, ALL OF THAT WILL CHANGE. THERE'S IS A, THERE'S A POINT TO BE MADE THERE, BUT WE COULD HAVE SOMEONE MUCH WORSE BUILDING IN THIS AREA, BUILDING SOMETHING MUCH LESS DESIRABLE THAN A HOTEL. AND MAYBE THEY WOULDN'T BE ASKING FOR A VARIANCE. BUT I'D RATHER SEE THE TOP OF A NICE BUILDING THAN A JUNKYARD OR A TRANSFER STATION OR ANYTHING ELSE THAT COULD HAVE GONE IN HERE. AND ON A SEPARATE ITEM OR A SEPARATE NOTE, THE HEIGHT RESTRICTIONS IN LAG VISTA COMES FROM IN THE PAST, THE DESIRE OF PEOPLE THAT WERE ON COUNCIL TO RETAIN CERTAIN VIEWPOINTS OF HIGHER AREAS TO THE GOLF COURSE OR TO THE LAKE. AND IT WAS KIND OF SLAPPED TOGETHER. AND IT'S SOMETHING THAT'S REMAINED IN OUR ORDINANCES. AND THE IDEA OF A COMMERCIAL AREA BEING STILL RESTRICTED TO PRIOR SLOPPY HAPHAZARDLY PLACED ORDINANCES, I FEEL LIKE IT IS WORTH CONSIDERING. AND THERE'S A LOT OF PROS THERE. I MEAN, THERE ARE CONS. IT WILL AFFECT PEOPLE'S VIEWS AND IT WILL AFFECT THINGS. AND I'M NOT TRYING TO DISCOUNT THAT, BUT I THINK AS FAR AS WHAT COULD HAPPEN HERE, THIS IS PROBABLY IDEAL. AND I AM MUCH MORE SCARED OF WHAT ELSE WOULD HAPPEN HERE. THANK YOU. NEXT I HAVE ROBERT RIO. DID I SAY THAT CORRECTLY, SIR? AND SALLY, I HAVE YOU RIGHT AFTER. MS, CAN YOU SPELL LAST NAME? UH, RUGGERO. R-U-G-G-I-E-R-O. YEAH. ROBERT RUGGIERO. YEAH. ROBERT. UH, JUST ONE SECOND. AND, UH, COUNSELOR BENEFIELD. I WAS TOLD THAT, UH, ON OCCASION YOU WERE HARD TO HEAR, SO JUST WANTED TO GIVE YOU AN FYI THANK YOU. UH, ROBERT, I'M SORRY. THANK YOU. THANK YOU. UM, I, [01:20:01] I HAVE A, A SHORT COMMENT. UH, MY CONCERNS I ADDRESSED AT THE LAST MEETING WHEN WE TALKED ABOUT MINIMAL IMPACT TO THE COMMUNITY. AND I'D LIKE TO RECOUNT THAT WHEN I MOVED HERE TO LAGO VISTA, I BOUGHT A HOME ON HIGHLAND. AND I'VE LIVED THERE NOW 22 YEARS. AND WHEN THE FIRST 15 YEARS THAT I WAS IN THAT HOME, THE WATER PRESSURE IN MY HOME WAS PREDICATED BY THE WATER HEIGHT IN THE BALL AT HIGHLAND LAKE, YOU KNOW, BY THE OLD FIRE STATION. AND IF I WATERED MY YARD WITH A HOSE, MY TOILETS WOULD NOT FLUSH IN THE HOUSE. THAT WAS HORRIBLE. AND I LIVED THAT. I EVEN ASKED THE WATER DIRECTOR TO COME OUT TO THE HOUSE, HE PUT A METER ON THERE AND HE GOES, I DON'T EVEN NEED TO LOOK AT IT. I KNOW IF WHAT THE HEIGHT IS, YOU KNOW, IT'S SUMMERTIME. IT NEVER FILLS THE BALL ENTIRELY. SO HE SAID, I KNOW YOU'RE, YOU HAVE LOWER WATER PRESSURE. AND IT WAS LIKE 17 POUNDS. I COULDN'T GET ENOUGH PRESSURE TO REALLY FLUSH THE TOILETS. SO, UH, FINALLY THINGS HAVE GOTTEN A LOT BETTER. I, I, I NOW CAN USE MY HOME, MY WATER HOSES OUTSIDE. I CAN, UH, USE THE, THE HOUSE FACILITIES WITH NO PROBLEM. BUT I DON'T WANNA RETREAT BACK TO THAT SITUATION. IT CAN THIS, UH, BE MODELED WHAT THE DEMANDS THAT THEY'RE GOING TO BE USING. THEY GET FIRST WHACK AT THAT PRESSURE, THAT SIX INCH PRESSURE MAG BEFORE IT COMES TO MY HOUSE. AND I'D LIKE IT TO BE MODELED TO SEE WHAT THAT IMPACT WILL HAVE SO THAT WE DON'T START AT A LOWER LEVEL. AND, UH, I JUST WANT TO AGAIN, REITERATE MINIMAL IMPACT, PLEASE, BECAUSE IT'S FINE FOR FOLKS TO HAVE A HOTEL. I PROBABLY WILL NEVER USE IT. SO I SEE IT AS AN IMPOSITION RATHER THAN AN ADVANTAGE. THANK YOU. THANK YOU, SALLY. THANK YOU. YOU ARE NEXT. SALLY. AND SALLY, IF I COULD JUST HAVE YOU SAY YOUR NAME. IS THAT GOOD? IS THAT GOOD? IT'S RUGGIERO. THANK YOU. RUGGIERO. OKAY. ONE, I I HAVE A COUPLE OF QUESTIONS AND I WOULD LIKE IF Y'ALL CAN ADDRESS 'EM, NOT TO ME PERSONALLY, BUT SOMEBODY ADDRESSED THE ANSWERS TO THESE. UM, LIKE WHO WOULD THE HOTEL BE OPEN TO? I DON'T KNOW WHAT IHG IS. IS IT SOMETHING LIKE RCI OR ONE OF THESE, UM, WORLD ORGANIZATIONS THAT PEOPLE HAVE A MEMBERSHIP TO? OR IS IT OPEN TO EVERYONE? AND NEXT QUESTION, IS THE HEIGHT TO THE TOP PARKING LOT, DOES THAT INCLUDE THE ACCOMMODATION FOR VEHICLES OR IS THAT ANOTHER, I MEAN, MOST VEHICLES, I'M VERTICALLY CHALLENGED, BUT MOST VEHICLES WOULD ADD ANOTHER SIX FEET TO THAT. UH, ANOTHER COMMENT ABOUT, UM, VISIBILITY. 'CAUSE WE ARE ONE OF THE NEAREST RESIDENTIAL NEIGHBORS TO THE WEST. AND I SHARE MY HUSBAND'S CONCERN ABOUT WATER BECAUSE IF THERE'S THAT ONE ENTRANCE ONTO BOGGY, WE ALL VERY WELL MAY BE, UM, AT THE MERCY OF A LIGHT THERE FOR PEOPLE TO COME AND GO. AND YES, THEY CAN COME IN AND OUT AND STUFF, BUT WE'RE TALKING ABOUT TRAFFIC BACKING UP IN EVERY DIRECTION. YOU KNOW, IT USED TO BE WE'D SEE 10 CARS ON, UH, HIGHLAND OR BOGGY OR AT THE FOOT IN THE HILL IN A WEEKEND. NOW IT'S TEN TWO, ABOUT 20 FOR EVERY SINGLE LIGHT. UM, AND WE DON'T WANNA BE FRYING IN OUR HOMES OR OUR CARS BECAUSE WE CAN'T GET OUT. WE ONLY HAVE THAT ONE WAY IN ALTERNATE DAWN DRIVE TO OUT. I MEAN, WHAT IS IT? THE NATIONAL TO OUTPOST, TO DAWN DRIVE, AND GOOD LUCK TRYING TO GET DOWN, UH, THE ROAD TO GET TO DESTINATION WAY OR SOMEWHERE ELSE. AND 1431 TIED UP. I MEAN, SO FIRE IS A BIG DEAL AND WE DON'T HAVE THE PIPE INFRASTRUCTURE WE NEED NOW MUCH LESS TO, I MEAN, THERE'S FUTURE USAGE AND FUTURE PLANS, BUT WE'RE NOT THERE. WE'RE NOT THERE. SO THERE'S CONCERNS WITH THAT. AND, UM, YOU KNOW, AS FAR AS THE VARIANCE BROUGHT DOWN TO 11 FEET FROM, UM, BROUGHT DOWN 23 FEET, WELL THAT MEANS THEY WOULD'VE BEEN ASKING FOR A 34 FOOT VARIANCE. UH, I THINK THIS IS MY LAST POINT, 'CAUSE I'M JUST TRYING TO ABSORB AND TAKE ALL THIS STUFF IN TONIGHT. UM, YOU CAN SEE THE UDO SCOPE AND YOU WILL CLEARLY BE ABLE TO SEE THIS ON HIGHLAND. I DON'T KNOW ABOUT BOGGY, BUT YOU'LL SEE IT ON HIGHLAND. AND THERE MAY OR MAY NOT BE AN ISSUE WITH THE REFLECTIONS OFF OF ALL THOSE VEHICLES ON A ROOF, IF THAT'S EVEN PART OF [01:25:01] IT. IF THAT CAN AT LEAST BE SCREENED FROM THE ROADS AT THE HEIGHT OF THE VEHICLES AND STUFF. BECAUSE, YOU KNOW, YOU TRY DRIVING DOWN 1431 IN THE EVENINGS AND YOU HAVE TO PUT YOUR EYES HERE AND YOU TRY NOT TO SEE THE SUN AND BE, YOU KNOW, BLINDED TO SEE IF A LIGHT, I LITERALLY ONE TIME HAD TO TURN ON AT, UM, OH, I FORGOT THE NAME OF THE, THE ROAD JUST BEFORE THE QT. 'CAUSE I COULDN'T SEE THE, WHERE THE, IF THE LIGHT WAS GOING TO REMAIN GREEN, I TURNED, CAME BACK. SO THERE WAS SOME DANGER IN THAT TOO. ANYWAY, INGRESS, EGRESS, FIRE AND SOME OF THOSE ISSUES THAT I DON'T THINK HAVE REALLY TOTALLY BEEN, UM, ADDRESSED. AND YES, WE SEE NOTHING ON THE PLAN THAT TALKS TO WHAT THEY'RE GONNA DO FOR DRAWING DOWN MAYBE A MILLION GALLONS OF WATER IN A YEAR WHEN WE'RE TOLD YOU CAN'T WATER YOUR LAWN. THANK YOU, SALLY. MM-HMM . THANK YOU. NEXT IS JEAN HARRIS. MAYOR PRO TIM. YES. COUNCILOR BENFIELD. I WOULD JUST LIKE TO GIVE SOME LATITUDE TO MR. HARRIS. I KNOW HE WAS ON THE P AND Z. UM, HIM AND MR. LOPEZ PROBABLY HAVE MORE KNOWLEDGE OF THIS THAN ANYBODY ELSE. UM, I PERSONALLY WOULD WELCOME IF HE WANTED MORE THAN THREE MINUTES TO ALLOW HIM THE SUFFICIENT TIME TO SAY WHAT HE NEEDS TO SAY. UNDERSTOOD. IS CONSENSUS? YES. OKAY, THANK YOU. MY NAME'S JEAN HARRIS AND I, I DIDN'T HAVE ANY PLANS TO SAY ANYTHING OTHER THAN I, I'M REPRESENTING MYSELF AS A CITIZEN OR RESIDENT OF LAGO VISTA. UM, THE DEVELOPER ALL ALONG HAS MADE EVER EFFORT TO BE A GOOD NEIGHBOR. UM, THEY'VE COMPLIED WITH ALL REQUESTS. THEY'VE DONE THINGS THAT WEREN'T ASKED OF THEM. UM, IT'S QUITE CLEAR THEY WANT TO BE A BENEFIT TO THE CITY AND NOT A DETRACTION. UM, I KNOW I HEAR A LOT ABOUT TRAFFIC AND, AND THE HOUSING AND EVERYTHING AND HOW MUCH TRAFFIC THIS HOTEL IS GONNA BRING. UM, FIREFLY CLOVE ALONE, WHEN IT IS BUILT OUT, IS GONNA GENERATE A LOT MORE TRAFFIC. I DON'T, WHAT IS IT? 278 HOMES, EIGHT 300 HOMES, WHATEVER IT IS. LET'S SAY MAYBE THREE, FOUR PEOPLE PER HOME VERSUS A 90 ROOM HOTEL WITH MAYBE TWO PEOPLE PER ROOM. THE TRAFFIC ISN'T THERE, IT JUST SIMPLY IS NOT. UM, MY HOPE IS THAT THIS ORDINANCE WILL BE PASSED TONIGHT WITH THE 11 FOOT VARIANCE AS REQUESTED SO THAT THIS CAN START MOVING FORWARD. IT'S BEEN KICKED DOWN THE ROAD LONG ENOUGH AND IT'S TIME TO PUT IT TO REST ONE WAY OR THE OTHER. SO I'M ENCOURAGE YOU TO APPROVE THIS, UM, ORDINANCE AND PASS IT IF THERE ARE ANY QUESTIONS AS FAR AS I AM ON P AND Z. BUT LIKE I SAID, I JUST CAME HERE TONIGHT WITH THE ONLY INTENT TO REPRESENT MYSELF. THANK YOU. AND THEN, UM, I BELIEVE THE LAST PERSON THAT I HAVE, UH, INFORMATION HERE FROM IS DAVID WILLIAMS. HOW'S EVERYBODY? I'M HERE TO, UH, I'M DAVID WILLIAMS. I'VE LIVED HERE SINCE 91 WHEN WE DIDN'T HAVE A, WE DIDN'T HAVE A SUPERMARKET. I HAD TO BRING FOOD FROM HOUSTON IN THE COOLER TO BE UP HERE. ALRIGHT. I'VE SPENT A LOT OF TIME IN HOTELS. INDIGO HOTEL IS A VERY TOP-NOTCH HOTEL. IT'S VERY NICE. I STAYED IN SAN ANTONIO HOUSTON IN THE GALLIA AREA, IN THE WOODLANDS AREA IN SPRING. I TRAVELED A LOT. SO I SPENT A LOT OF TIME IN HOTELS. OKAY. THIS IS A NICE HOTEL. THE ROOM RATES WILL RANGE ABOUT A HUNDRED THIRTY ONE, ONE OH SEVEN DOWN TO 69 DEPENDING ON WHAT, WHAT, WHAT'S GOING ON IN THAT PARTICULAR TIME. IT'S A VERY NICE HOTEL. OKAY. IT'S NOT A FLU HOTEL. IHG IS A GREAT HOTEL BUILDER. THEY SUPPORT THEIR LOCATIONS. UH, IT BRINGS A LOT OF MONEY TO THE CITY. IT'D BE NICE FOR THE SCHOOL TO HAVE, UH, A HOTEL WHERE PEOPLE CAN GO TO GRADUATION, GO TO FOOTBALL GAMES, VISITING PEOPLE THAT COME INTO TOWN, DON'T HAVE TO LEAVE. THEY CAN STAY FOR TWO DAYS, TOURNAMENTS AND STUFF LIKE THAT. UH, I HAVE A LOT OF FRIENDS THAT I USED TO BRING, UH, NOW, UH, THEY WOULD LIKE TO HAVE A HOTEL TO COME VISIT AND SPEND MORE TIME. I COULD HAVE MORE PEOPLE. I CAN ONLY INVITE TWO OR THREE PEOPLE TO MY HOUSE [01:30:01] FOR, TO STAY IN MY HOUSE. BUT I, I COULD BRING SEVEN TO 20, 20 TO 30 PEOPLE. AND WE HAVE A PARTY IN LAGA VISTA, TEXAS. THAT WOULD BE A VERY NICE TIME. SO HOTELS WOULD BE A VERY NICE THING TO HAVE. I WAS ON, UH, I DID PMZ FOR FOUR YEARS. I WAS ON CITY COUNCIL FOR FOUR YEARS. I WAS ON BUSINESS DEVELOPMENT FOR FOUR YEARS. I SPENT A LOT OF TIME AND ONE OF THE THINGS THAT ALWAYS CAME UP WAS HAVING A HOTEL. AND NOW WE'RE STILL IN THE SAME POSITION. WE'RE STILL FIGHTING TO GET A HOTEL. IT MIGHT NOT BE IN THE BEST LOCATION, BUT IT'S IN A GOOD LOCATION. AND IF WE CAN HAVE ONE HOTEL, WE MIGHT NOW GET A SECOND HOTEL THAT GOES UP ON BRAGGY THAT BUYS SOMEBODY OUT. YOU KNOW, I MEAN THIS, WE JUST HAVE TO GET ONE GOOD HOTEL TO COME INTO TOWN. JUST LIKE WE'D LIKE TO HAVE ONE DAIRY QUEEN COME INTO TOWN. OKAY. ALRIGHT. ONCE YOU GET ONE, THE REST COME. OKAY. AND WE ARE AT THAT POINT WHERE WE WANT PEOPLE, PEOPLE UP IN LAKESIDE BY CER WANT RESTAURANTS. THEY WANT, THEY WANNA COME HOME FROM WORK AND NOT HAVE TO GO TO SEE THE PARK OR MARBLE FALLS TO EAT. AND WE'RE GETTING THERE. SO HOTELS APART OF THE EQUATION. THANK YOU. THANK YOU, MR. WILLIAMS. ALL RIGHT. THAT IS THE LAST CARD THAT I HAD, UNLESS THERE WAS ANYONE ELSE. UM, WITH THAT, FORGIVE ME, I'M GONNA GO AHEAD AND COME BACK TO, UM, THE COUNCIL APPEAR TO GO AHEAD AND, UM, HAVE SOME DISCUSSION. DOES ANYONE HAVE ANYTHING TO SAY? COUNCIL VILLE, THERE IS A COMMENT FROM THE, UH, WOULD YOU ALLOW A COMMENT FROM MS. MENEZ? MS. MENEZ? CONSTANCE? JUST ONE THING. IF IT'S A SHORT THING, IT'S, IT'S SHORT. OKAY. MY APOLOGIZES. WE HAVE A LONG NIGHT TO HAVE US. NO, YOU DO. AND I'M SO SORRY. UH, I WAS JUST GONNA, YOU CAN HOLD IT. PULL IT DOWN. YEAH, I DO. OKAY. IS THAT OKAY? MM-HMM . I WAS GONNA SAY, JUST REAL QUICKLY, I THINK MR. SULLIVAN ANSWERED, YOU KNOW, KIND OF A CONTRADICTORY THING. HE WAS SAYING, OKAY, HERE'S LOWE'S AND THERE ARE TWO LOTS BEHIND LOWE'S, AND WHO'S GONNA BUILD ON THOSE? WHO WANTS TO BE IN THOSE HOUSES? WELL, OKAY, YOU KNOW, THAT'S US. WHY WOULD WE WANNA BE WHERE WE ARE WHEN THEY'RE GONNA PUT A HOTEL THERE NEXT AROUND THE BLOCK? YOU KNOW, THAT'S, THAT TO ME IS KIND OF ANSWERING THE QUESTION THAT I'M ASKING AND NOT INTENTIONALLY, I DON'T THINK WHAT HE INTENDED TO, TO, UH, PUT FORTH, BUT THAT'S WHAT IT SAYS TO ME. NOBODY WANTS THAT. THANK YOU. THANK YOU. WITH THAT, I'D LIKE TO GO AHEAD AND BRING IT BACK TO COUNSEL FOR COMMENTS OR A DISCUSSION JUST A LITTLE BIT BEFORE WE GO FOR A, A MOTION. DOES ANYBODY LIKE TO SAY ANYTHING? YEAH, I HAVE SOME QUESTIONS. OKAY. UM, SO COUPLE THINGS. I KNOW WE'VE ALREADY LOOKED AT SOME RED LINE IN THE ORDINANCE. IT MIGHT BE REQUIRED. AND THEN MR. SULLIVAN POINTED OUT THE SQUARE FOOTAGE IS INCORRECT. THAT NEEDS TO BE CORRECTED. UM, SO I GUESS I, UH, ME BEING A COMPLIANCE PROFESSIONAL IN MY PREVIOUS LIFE, A PART OF MY PREVIOUS LIFE, I HATE, I ALWAYS HATE APPROVING THINGS OR WE STILL HAVE READ LINES OR THINGS HAVEN'T BEEN FINALIZED OR CORRECTED. SO THAT'S ONE ISSUE THAT I HAVE. THE OTHER ONE IS, UM, I HADN'T THOUGHT OF THIS BEFORE, BUT A GOOD POINT, UM, THAT ONE OF OUR RESIDENTS BROUGHT UP IS WITH THE PARKING LOT AT THE TOP, I UNDERSTAND THAT, 'CAUSE THAT MAKES THE MOST SENSE IN TERMS OF THE TOPOGRAPHY AND GETTING TO THE HEIGHT LIMIT AND LOWERING THE VARIANCE. SO I APPRECIATE THE WORK YOU GUYS HAVE DONE ON REDESIGNING THAT. UM, BUT THE, I HADN'T, IT HADN'T OCCURRED TO ME THAT THE HEADLIGHTS FROM THE CARS OR THE PARKING LOT LIGHTS THAT NEED TO BE UP THERE FOR VISIBILITY MIGHT CREATE A LIGHTING ISSUE. AND I KNOW IT'S SUPPOSED TO BE DARK SKIES COMPLIANT, BUT I'M WONDERING THE SCREENING IDEA THAT CAME UP, THAT'S SOMETHING I HAVE A QUESTION ABOUT. COULD YOU SCREEN, SO AT LEAST THE HEADLIGHTS THAT MIGHT HAVE MOVEMENT ACROSS AND BUG ADJACENT PROPERTIES IS THAT POSSIBILITY. UM, MY OTHER IS ON THE, UM, LUE WATER PRESSURE IMPACTS AND THE ANALYSIS ON THAT. WHAT HAS BEEN DONE ON THAT? AND FINALLY, THAT MAY ALIGN WITH THIS AS WELL AS I THINK A DEVELOPER AGREEMENT, DEVELOPMENT AGREEMENT A DA IS ESSENTIAL HERE. AND SO WHAT WOULD THE TIMING ON THAT BE? AND CAN THAT TIMING OF A, REACHING A DEVELOPMENT AGREEMENT, UM, WITH YOU GUYS BE PART OF THE ORDINANCE? CAN WE PUT SOME KIND OF A TIMEFRAME ON THAT WHERE WE GET A DA [01:35:01] DONE? SO THAT'S A BUNCH OF STUFF, BUT, SORRY. SO, UM, AND I'LL, I GOT YOU BRAD. UH, WE CANNOT DO DEVELOPMENT AGREEMENTS. THE PROPERTY HAS BEEN ANNEXED. THE OPPORTUNITY FOR A DEVELOPMENT AGREEMENT IS SHOT. THERE'S NO WAY, NO MECHANISM TO DO THAT. UM, SO AT THIS POINT, WHAT'LL HAPPEN IS, WE'LL TALK ABOUT THE UTILITIES FIRST. 'CAUSE I KNOW THAT'S A CONCERN. UM, WHEN THEY DO THEIR SITE DEVELOPMENT AND THEY'RE DESIGNED FOR THEIR UTILITIES AND THE PRESSURE THEY NEED IN ANY POSSIBLE TANKS FOR FIRE FLOW, WHATEVER THE CASE MAY BE, UH, THEIR ENGINEER WILL MAKE A MODEL. WE SEND THAT TO OUR ENGINEER, ASK THEM TO PLUG IT INTO OUR MODEL. THEY CANNOT ADVERSELY IMPACT THE SYSTEM. WE WILL NOT APPROVE THEIR PERMITS. SO WITH THAT BEING SAID, WHATEVER IMPROVEMENTS ARE NEEDED TO MAINTAIN HOMEOSTASIS WITHIN OUR SYSTEM TODAY, THEY'RE RESPONSIBLE FOR THAT. IF THAT INCLUDES TANK UPGRADES, IF THAT INCLUDES PUMP UPGRADES, UH, WATERLINE EXTENSIONS, WHATEVER THAT BA BE, WE'LL GET THAT FROM THE MODEL AND THEY'LL BE RESPONSIBLE FOR THAT BEFORE THEY CAN GET A PERMIT. UM, ON THE SCREENING FACTOR, AND IT'S ON THE LANDSCAPING PLAN AS WELL, THERE'S TREES, WELL, SO THE PARKING LOT IS GONNA BE BEHIND THE BUILDING. AND SO EVEN THOUGH IT'S AT A HIGHER ELEVATION, THE BUILDING WILL STILL BE TALLER THAN THE PARKING LOT PLUS A CAR. AND THEN WE HAVE ASKED AT A STAFF LEVEL THAT THERE IS ESSENTIALLY A TREE, EVERY 12 PARKING SPACES TO START SCREENING. THEY HAVE PROPOSED TREES THROUGHOUT THE STREET TO GET IN AND OUT. UM, WHILE THEY MAY BE SMALL AT FIRST, THE INTENT IS TO SCREEN AS MUCH OF THE BUILDING THE CARS AS WE CAN AT THAT EYE LEVEL AS YOU'RE DRIVING THROUGH, UM, BOTH LOMANS FORD, LOMAN, FORD AND BOGGY. DID I MISS ONE? OH, WELL, JUST, UM, SOME OF THE RED LINE STUFF THAT'S STILL IN THERE AND THE SQUARE FOOTAGE ADJUSTMENT THAT NEEDS TO BE MADE. SO THAT WAS MY OTHER, ALRIGHT. UH, WELL, SO THAT'S, I THINK THAT'S A PREFERENCE THING. YOU KNOW, WE CAN, UH, CERTAINLY MAKE CHANGES ON THE FLY, BUT I KNOW THERE'S A POINT IN WHICH IT'S NOT AS CLEAN AS ANY OF US WOULD LIKE IT TO BE. OKAY. THANK YOU. ALL RIGHT. DO WE HAVE ANYONE ELSE THAT WOULD LIKE TO MAKE ASK QUESTIONS? MAKE A STATEMENT? GO AHEAD. UH, COUNCIL PRINCE. THANK YOU. UM, SO I, I'VE WRITTEN A LOT OF NOTES AND, AND, AND THE FIRST ONE WAS CONTIGUOUS IS NOT CONTAGIOUS. SO YOU KNOW, MR. SULLIVAN ALREADY KIND THAT . BUT, UH, SO THAT'S A, A FEW THINGS ON, ON THE, THE TREE, UM, THE TREE FRONT, I, I JUST WENT THROUGH THE, THERE'S GREAT DETAIL IN THERE, RIGHT OF THE, THE TREES THAT WILL BE KEPT AND THE TREES THAT WILL BE REMOVED. THEY'RE ALL NUMBERED. AND THE SIZE OF THE TREES, I DID, YOU KNOW, JUST A QUICK ADDED UP IN MY HEAD. AND, UM, THERE'S, THERE ARE A LOT OF TREES THAT ARE GONNA BE REMOVED, WHICH IS NOT A SURPRISE. I MEAN, THIS IS A PROPERTY WHERE A LOT IS GONNA BE, YOU KNOW, IT'S GOING FROM 0% IMPERVIOUS COVER TO WHATEVER, ALMOST 60%. SO TREES ARE GONNA HAVE TO COME OUT. UH, I ROUGHLY CAME UP WITH ABOUT 800 INCHES OF TREES MM-HMM . THAT ARE GONNA BE REMOVED. UM, AND ABOUT 300 INCHES OF TREES THAT ARE GONNA BE SAVED MM-HMM . SO WHEN YOU LOOK AT THE AMOUNT OF AREA THEY'RE COVERING, IT'S ACTUALLY NOT BAD TO BE SAVING WHATEVER THAT PERCENTAGE IS. UM, I WAS PLEASED THAT, THAT, OH, BY THE WAY, THE TREES BEING REMOVED RANGE FROM 10 TO 17 INCHES, I THINK IN THE TABLE. UH, TREES BEING SAVED ALSO RANGE FROM 10 TO 17. BUT IN ADDITION, THERE'S THE ONE AND ONLY OAK TREE THAT'S BIGGER THAN 17 INCHES IS BEING SAVED AT 25 INCH. AND, UH, ONE CEDAR THAT'S 24 INCHES IS BEING SAVED. SO, YOU KNOW, ON THE TREE FRONT, THAT'S GOOD. I, AGAIN, DOING THE MATH WHEN THEY HAD REQUESTED $10,000 LIMIT PER ACRE, THAT WOULD BE ABOUT $70,000 IN TREE FEES AS I DID THE BACK OF THE ENVELOPE MAP AT $2,250 PER INCH, WHICH I THINK IS OUR NUMBER. UH, THEY WILL BE PAYING ABOUT $200,000 IN TREE FEES AS OPPOSED TO THE 70. SO THAT'S A NON-TRIVIAL NUMBER, WHICH THE CITY CAN APPLY TO, UH, GOOD USE ELSEWHERE. SO THAT'S, YOU KNOW, THAT'S A, THAT'S A GOOD THING. UM, I, UM, I HAD IN THE FIRST PASS THROUGH COUNSEL, I HAD EXPRESSED EXTREME CONCERN WITH THE HEIGHT MM-HMM . AND, AND I, UH, SHARED WITH MR. SULLIVAN IN, IN PRIVATE CONVERSATION. I WAS STILL CONCERNED WITH THE 11 FEET. AND HAD THEY REALLY EXHAUSTED ALL OPTIONS. UH, AND I, I APPRECIATE, UH, THE, THEIR, THEIR WORK IN PUTTING TOGETHER THIS FOUR OPTIONS, YOU KNOW, OPTION 1, 2, 3, AND FOUR AND, AND WHY ONE, TWO, AND THREE REALLY ARE, ARE, ARE NOT WORKABLE. UM, SO AT THIS POINT, I'M, I AM, I AM COMFORTABLE THAT, THAT IF WE'RE GOING TO GET A HOTEL MM-HMM. WE'RE GONNA NEED TO GRANT THIS 11 FOOT VARIANCE FOR THE HEIGHT. AND THIS IS, AND I THINK AS MR. VAN KING SAID IT, WELL, [01:40:01] YOU MAY BE ABLE TO SAY THERE, THERE MIGHT BE A BETTER, MORE PERFECT LOCATION. BUT THIS IS ACTUALLY A PRETTY GOOD LOCATION. UH, AND IT'S ACTUALLY, YOU KNOW, THE INTENT OF THE FLUME, UM, THE, UH, THE IDEA THAT THE, THE PROPERTIES IMMEDIATELY BEHIND LOWE'S WOULD WOULDN'T BUILD THERE. 'CAUSE THEY'RE, THEY'RE IMMEDIATELY ON THAT, THEY'RE NOT 800 FEET AWAY. UM, SO, YOU KNOW, I I I UNDERSTAND THAT CHANGE IS HARD. UM, THE IMPACT ON THE CITY INFRASTRUCTURE TO DO THIS RELATIVE TO THE BENEFIT TO THE CITY. I FEEL LIKE IN MY MIND IT'S, IT'S PRETTY CLEAR THAT THIS SHOULD BE DONE. UH, AND THE, THE, UH, PLANNING AND ZONING VOTED FIVE TO ONE SAYING WE SHOULD DO THIS. UH, MR. LOPEZ WAS NOT AT THE MEETING, BUT HE TOLD US TONIGHT, HAD HE BEEN THERE, HE WOULD'VE VOTED. SO THAT KIND OF MAKES IT A VIRTUAL SIX TO ONE VOTE ON PLANNING AND ZONING. UM, SO, SO, SO I'M THERE. I I I CAN RESPECT THAT. YOU KNOW, MAYBE WE'VE GOT SOME RED LINING AND WE DON'T WANNA APPROVE IT TONIGHT, BUT I DON'T THINK WE SHOULD SEND THIS BACK TO PLANNING AND ZONING. I THINK WE, LET'S, LET'S MAKE A DECISION TONIGHT. AND, AND I AM IN FAVOR OF, OF APPROVING, APPROVING THIS PROJECT. UH, GO AHEAD, COUNSELOR. UM, I WOULD LIKE TO JUST EXPRESS MY, UM, APPRECIATION FOR, FOR THE NUMBER, UH, OF CHANGES THAT YOU HAVE MADE IN RESPONSE TO CITIZEN COMMENT. THE FACT THAT YOU BASICALLY SPLIT YOUR, YOU KNOW, DEVELOPMENT DESIGN IN HALF, UM, JUST TO A PIECE OF NEIGHBORHOOD, YOU KNOW, SPEAKS, SPEAKS VOLUMES. I WAS NOT REALLY THRILLED ABOUT THE LOCATION EITHER. UM, BUT ONCE, YOU KNOW, I REALIZED THE DISTANCE BETWEEN HOMES AND THEN ALSO JUST GENERAL WHAT'S AVAILABLE HERE IN LAGO VISTA AND KNOWING HOW LONG THIS HAS BEEN GOING ON. AND I, I CAN APPRECIATE THE, THE CHANGES THAT YOU'VE MADE TO IT. AND, UM, I KNOW THAT THERE'S GONNA BE A LOT OF PUSHBACK, BUT I DO BELIEVE THAT THIS IS SOMETHING THAT LAGO VISTA HAS NEEDED FOR A LONG TIME. AND WE WILL BENEFIT IMMENSELY FROM, FORGIVE ME COUNSEL, I'M MAKING SURE I'M NOT OVERLOOKING, UH, COUNCILLOR HALL DOWN THERE TOO. BUT, UH, DID, DID YOU HAVE YOUR, YOUR HAND UP COUNSELOR HALL? I, I DID. AND I JUST WANTED TO SAY THAT I, I REMEMBER WHEN, UH, IT WAS SIX YEARS AGO WHEN WE WERE HAVING OUR HOUSE BUILT HERE, OR STARTED ACTUALLY A YEAR BEFORE THAT. AND I HAD TO, UM, I JUST NEEDED TO STAY SOMEPLACE TO STAY OVERNIGHT. I DIDN'T WANT ANY COMPLICATIONS. I JUST WANTED TO PLACE TO CRASH, GO TO SLEEP, GET UP, HAVE A QUICK BREAKFAST, AND SEE THE PROPERTY AND DEAL WITH WHATEVER I NEEDED TO DEAL WITH FOR THE BUILDING OF THE HOUSE AND BE GONE. AND SO I HAD TO STAY IN CEDAR PARK, UH, WHICH WAS . NOT EXACTLY MY WISH. UH, AND THEN AS I'VE HAD FAMILY COME IN, IT'S A CEDAR PARK BECAUSE THEY DON'T WANT, YOU KNOW, THEY DON'T WANNA DO SHORT TERM RENTAL. THEY WANT, UH, THE, THE CONVENIENCE OF JUST STAYING IN A HOTEL ROOM AND, AND BEING GONE. SO, UH, WE REALLY NEED A HOTEL. UM, I THINK THIS IS, UH, UH, A GREAT HOTEL, UH, AS, AS WAS, UH, SPOKEN ABOUT EARLIER. UH, AND SO IT'S NOT GONNA BE A, UH, A PLAIN JANE HOTEL EVEN. IT'S GONNA BE A, A FUN HOTEL TO BE AT. AND I THINK IT'D BE A GREAT BENEFIT TO, UM, TO LA VISTA. THANK YOU. COUNCILLOR . WELL, I'LL JUST APOLOGIZE IN ADVANCE. I, UH, I HAVE WAY MORE TALKING POINTS THAN I PROBABLY SHOULD. UM, AND I'LL GO THROUGH THEM VERY QUICKLY. BUT I THINK IT'S IMPORTANT TO GO ON THE RECORD WHY I'M VOTING YES ON THIS. UM, WHAT I DID IS I, I WENT THROUGH AND I LISTENED TO THIS VERY LONG LENGTHY PNZ MEETING MULTIPLE TIMES. AND EVERY SINGLE TIME A COMMENT WAS MADE, I WROTE IT DOWN. OR EVERY TIME THERE WAS A CONCERN, I WROTE IT DOWN AND I MADE A LIST OF EVERY SINGLE THING THAT ANYBODY, REGARDLESS OF WHO THEY WERE, A COMMISSIONER OR A CITIZEN OR WHOEVER IT WAS, I JUST MADE A LIST. AND I THOUGHT, OKAY, LET'S DISSECT THIS INDIVIDUALLY FOR EVERY SINGLE ONE, INCLUDING THE COMMENTS LIKE WATER PRESSURE THAT WERE MADE TONIGHT. RIGHT? AND I WANTED TO MAKE SURE THAT I WASN'T MISSING ANYTHING. 'CAUSE ONE OF THE COMMENTS IS AT THE LAST BZ MEETING IS, DO YOU KNOW WHAT YOU DON'T KNOW? AND THAT KIND OF STRUCK ME, IS LIKE, DO I KNOW WHAT I DON'T KNOW? RIGHT? SO I WANTED TO MAKE SURE I KNEW AS MUCH AS I POSSIBLY COULD. SO THAT FIVE YEARS FROM NOW WHEN SOMEBODY IS POINTING AT THE FINGER OF SCORN AND SAYING, WELL, MR. BENEFIELD DID THIS, I WANTED TO MAKE SURE I COULD SAY I DID WHAT I DID WITH WHAT I KNEW. RIGHT? AND SO I DID EVERY DUE DILIGENCE. I MET WITH STAFF, I, I SPOKE TO THE CITY, I SPOKE TO ANYBODY AND EVERYBODY I POSSIBLY COULD. I EVEN REACHED OUT TO FIREFLY TO CONFIRM THAT THEY HAD NO OBJECTIONS, EVEN THOUGH THAT WAS THE ASSERTIONS I DID EVERY LEVEL OF DUE DILIGENCE, [01:45:01] RIGHT? SO I'M VERY, VERY QUICKLY GONNA GO THROUGH THIS. NOT FOR ANY OTHER REASON, JUST FOR ABSOLUTE PURE CLARITY. UM, NUMBER ONE IS I ACTUALLY PERSONALLY WOULD'VE PREFERRED TO SEE THE BUILDING TALLER. AND I KNOW THAT THAT SOUNDS CRAZY AND LUDICROUS, BUT LET ME TELL YOU WHY IS EVERYBODY KNOWS THE DIFFERENCE BETWEEN A TWO STORY HOUSE VERSUS A ONE STORY HOUSE. AND WHAT MAKES A ONE STORY HOUSE VERY EXPENSIVE IS IT SPREADS OUT, RIGHT? AND AS IT SPREADS OUT, IT BECOMES MORE COSTLY, RIGHT? AND IT TAKES UP MORE LAND SPACE. WELL, MANY OF THE CONCERNS IS, IS NOBODY WANTED THIS TALLER BUILDING TO MIMIC BUILDINGS THAT HAVE ALREADY BEEN APPROVED IN LOG VISTA. LIKE, I MEAN, WE'RE TALKING ABOUT NATURE'S POINT WHO WAS APPROVED 65 FEET ABOVE THE HIGHEST LEVEL. THESE PEOPLE AREN'T EVEN ASKING FOR THAT, RIGHT? THEY'RE SO THEY LOWERED IT, BUT WHAT HAPPENED IS THEY WENT FROM 30% IMPERVIOUS COVERAGE TO NOW THEY'RE AT 58%. WELL, THAT KIND OF CREATES OTHER PROBLEMS. NOW WE HAVE MORE DRAINAGE TO CONSIDER. WE HAVE MORE TREES THAT WE'RE CUTTING DOWN. WE HAVE MORE EFFECT ON THE WILDLIFE. UM, AND SO IN AN EFFORT TO PRESERVE HEIGHTS, WE ACTUALLY HAVE A NEGATIVE INFLUENCE ON OTHER THINGS THAT MAYBE WERE UNINTENTIONAL. WE'RE TALKING ABOUT PARKING SPACES. AND EVEN THOUGH I AGREE AND I'M PREPARED TO APPROVE THE 11 FOOT TODAY, UM, I WOULD'VE ACTUALLY LIKED TO SEE A SLIGHTLY TALLER BUILDING AND HAD A SMALLER FOOTPRINT SO THAT WE WOULD'VE HAD LESS CONCRETE, LESS DRAINAGE, LESS TREES, AND LESS IMPRINTS ON OUR OVERALL COMMUNITY. I THINK THAT WOULD'VE HAD A BETTER CHARACTER FEEL TO WHAT WE WERE LOOKING FOR. IT WOULD'VE JUST FIT BETTER, RIGHT? NOT TO SAY IT WOULD NOT HAVE INFLUENCED THOSE FEW HOMEOWNERS AROUND IT, BUT, UH, I THINK FOR THE BETTERMENT OF, OF THE COMMUNITY, IT WOULD'VE JUST FELT BETTER. SO I'M MORE THAN COMFORTABLE WITH THE 11 FEET, AND I THINK, UH, THE PRESENTATION SHOWED THERE WAS A LOT OF PRECEDENCE FOR EVEN ASKING FOR MUCH, MUCH HIGHER AND PROBABLY WOULD'VE EASILY WARRANTED THAT APPROVAL. UM, NUMBER TWO, I WANT THE, I WANT THE PROJECT TO BE SUCCESSFUL. UM, THERE ARE SO MANY TIMES THAT COUNCIL IMPOSES ALL OF THESE RESTRICTIONS ON THESE PROJECTS, SO THAT, HAVE YOU EVER BEEN IN A BUILDING AND YOU THOUGHT, WHY DID THEY DO THIS? OR WHY DID THEY DO THAT? OR, THAT'S NEVER GONNA BE SUCCESSFUL THE WAY THEY DID IT THERE. AND IT'S BECAUSE PEOPLE RESTRICT THEM SO HARD THAT THE PROJECT DOESN'T BECOME VIABLE. I WANT THIS PROJECT TO BE SUCCESSFUL, AND IF IT'S GOING TO BE SUCCESSFUL, WE HAVE TO GIVE THEM THE TOOLS TO BE SUCCESSFUL, RIGHT? AND SO, UM, I LOOKED AT PNZ OVERWHELMINGLY APPROVED IT AS MENTIONED. UM, IT SOUNDS LIKE IT WOULD'VE BEEN SIX TO ONE, EVEN THOUGH OFFICIALLY IT WAS FIVE TO ONE. UM, I LOOKED AT LOCATION, LOCATION, LOCATION. UM, THE FLUME IS VERY CRYSTAL CLEAR. UM, WHEN I CAME ONTO CITY COUNCIL, UM, THOSE THAT WERE MENTORING ME SAID, ADAM, IF YOU'RE EVER GOING TO GET REALLY GOOD COMMERCIAL IN LAGO VISTA, IF YOU'RE EVER GONNA GET HIGH DENSITY LIKE APARTMENTS, IF YOU'RE EVER GONNA GET REALLY GOOD HOTELS, IT'S GOING TO HAPPEN AT THIS CORRIDOR. I DIDN'T KNOW THAT IT WAS, I WAS BRAND NEW. AND SO IT SHOULDN'T BE A SURPRISE THAT ALL OF A SUDDEN WE HAVE THIS CORRIDOR, WHICH IS HEAVY COMMERCIAL, AND IN THAT FITS INTO OUR FLUME TO ALL OF A SUDDEN HAVE THIS HOTEL. SO THEN I THOUGHT, WELL, IS A HOTEL A GOOD NEIGHBOR? AND I CAME ACROSS THE STORY WHERE THE CITY FOUGHT AGAINST A CHURCH FROM BEING BUILT IN A LITTLE COMMUNITY, AND THERE WAS A HEIGHT RESTRICTION, RIGHT? AND THEY FOUGHT IT. THEY DIDN'T WANT THE HEIGHT, SO YOU KNOW WHAT THEY GOT INSTEAD. AND OUTDOOR AMPHITHEATER, RIGHT? THEY WEREN'T REQUIRED TO GET ANY PERMITS, THEY WEREN'T REQUIRED TO GET ANYTHING. AND ALL OF A SUDDEN NOW THERE WAS LIKE THIS MASSIVE NOISE ISSUE IN TRAFFIC AND PEOPLE WALKING UP AND DOWN DRUNK EVERY NIGHT. YOU KNOW, WE'RE TALKING ABOUT A FOUR STAR HOTEL WHERE PEOPLE ARE GONNA BE COMING IN. THESE AREN'T THE PARTYERS THAT ARE GONNA BE SHOWING UP TO THE HOTEL. THESE ARE LIKE FAMILY AND GUESTS THAT ARE COMING FROM THE WEDDING VENUE AND PEOPLE COMING TO ENJOY LOGO. THAT'S GREAT. I THINK THE LOCATION WELL SAID PROBABLY ISN'T PERFECT, BUT IT'S GREAT. IT'S GOOD, IT'S SUFFICIENT. IT MEETS, IT MEETS THE FLUME, UM, PARKING, I'VE ALREADY ADDRESSED THAT. AND SO DID MR. SULLIVAN. UM, THEY'RE ONLY REQUIRED TO HAVE 134 PARKING SPOTS. THEY'RE AT, THEY'RE ALLOWING 175. IT SOUNDS LIKE THEY'RE WILLING TO DO WHATEVER THEY CAN TO INCREASE ALL THE WAY UP TO THAT 60%. BUT AGAIN, I HATE THE FACT THAT WE'RE AT 60%. I WISH WE WERE BACK AT THAT 30%, RIGHT? BUT THAT'S NOT THE DISCUSSION TODAY. UM, TRAFFIC, I KNOW THAT'S BEEN A BIG TALKING POINT. I JUST WANNA SAY THAT THEY DID THEIR DUE DILIGENCE. THEY WENT THROUGH FREEZE AND NICHOLS, THEY HAD THE STUDY DONE. THERE IS GOING TO BE AN IMPACT. THERE IS GOING TO BE A NEGATIVE EFFECT. THERE'S GONNA BE ALMOST A THOUSAND PEOPLE DRIVING UP AND DOWN THIS ROAD, BUT THAT'S WHY THEY'RE PAYING $500,000 TO THE CITY, FOR THE CITY TO THEN TAKE THAT MONEY AND IMPROVE [01:50:01] THAT ROADWAY. IF THE ROADWAY WAS BEING KEPT EXACTLY AS IT IS TODAY, AND WE WERE INCREASING TRAFFIC, THAT WOULD BE NEGATIVE. BUT THAT ROAD'S DESIGNED TO BE FOUR LANES. AND AS FIREFLY AS THEY IMPROVE, AND AS THIS PROJECT IMPROVES AND AS OTHER PROJECTS IMPROVE AND THE CITY UPGRADES THAT ROAD, IT'S GONNA BE ABLE TO HANDLE THIS TRAFFIC LIKE A CHAMP, RIGHT? SO I I DIDN'T REALLY LOOK AT THE, UH, I LIKE THAT THE P AND Z TALKED ABOUT A DECELLULARIZATION DE CELL, DE CELL LANE, SPECIFICALLY ON THEIR PROPERTY. IT'S NOT GONNA TAKE UP PART OF THE ROADWAY. SO PEOPLE COMING INTO THE HOTEL CAN GET OFF TO THE RIGHT AND GO INTO THE PARKING LOT, I, OR GO INTO THE FACILITY. I THOUGHT THAT WAS FANTASTIC. UM, TREE MITIGATION, I WAS READY TO HAMMER YOU GUYS HARD TONIGHT OVER TREE MITIGATION. THERE WAS NO WAY YOU WERE GETTING THAT CAP. BUT, UH, I LOVE THE FACT THAT YOU GUYS CAME IN HERE AND SAID, LOOK, WE CONCEDE TO IT. WE DON'T EVEN WANNA FIGHT THAT FIGHT. AND TO BE HONEST, THAT IS EXACTLY WHAT I'VE HEARD. GENE, MR. HARRIS, HE'S, HE SHARED THAT I SPOKE TO JORDAN AND EVERYBODY HAS SAID, EVERY TURN, ANYTIME A PROBLEM'S COME UP, WE'VE ASKED YOU AND YOU GUYS HAVE JUST SURE, NO PROBLEM. WE'RE HERE TO ACCOMMODATE. AND IT'S ACTUALLY HARD TO NEGOTIATE FROM THIS SIDE BECAUSE YOU ALREADY HAVE GIVEN UP EVERYTHING THAT WE COULD POSSIBLY ASK FROM YOU. SO I CERTAINLY APPRECIATE THAT. UM, THE SWIMMING POOL DISCHARGE DISCHARGE WAS A HUGE POINT OF CONVERSATION AT THE PNZ. IT SOUNDS LIKE THAT WAS ADDRESSED THROUGH LCRA AND TCE KEY REQUIREMENTS. IT CAN'T GO IN THE DETENTION POND, IT CAN'T GO IN OUR WASTEWATER SYSTEMS. SO IT HAS TO BE KEPT ON, IT HAS TO GO IN THE DETENTION AND NOT IN THE SEWER SYSTEM. IT CANNOT GO IN THE DETENTION, IS WHAT I UNDERSTOOD. IT CANNOT LEAVE THE PROPERTY. IT, IT CANNOT GO IN DETENTION CANNOT LEAVE THE PROXY. PERFECT. I LOVE THAT. WELL, ANYWAY, IT'S BEEN DEALT WITH, I THINK THE SIMPLE WRITER IS ANY DISCHARGE TO THE SWIMMING POOL JUST NEEDS TO, NEEDS TO MEET LCRA AND TCEQ REQUIREMENTS. AND THAT'S JUST THE PROBLEM. PROBLEM SOLVED. UM, LIGHTING. I'VE HEARD A LOT ABOUT LIGHTING. UM, I THINK THE CONSENSUS IS IT HAS TO MEET OUR DARK SKY STAR, DARK SKY, SKY COMMUNITY. SO I DON'T KNOW WHAT THEIR LIGHTING'S GONNA LOOK LIKE. I JUST KNOW IT HAS TO MEET A SPECIFICATION WHICH I FULLY SUPPORT. UM, FIRE CAPABILITIES CAME UP. ESD HAS ALREADY SAID, LOOK, WE'VE GOT IT. WE'RE CAPABLE, WE CAN DEAL WITH IT. UM, I'M NOT AWARE OF ANY ADDITIONAL FIRE RISKS THAT THIS PARTICULAR PROPER PROPERTY POSES. SO, UM, WHEN IT COMES TO UTILITIES, UM, THIS FACILITY'S GONNA USE 96 LUS, WHICH IN THE GRAND SCHEME OF THINGS IS A VERY LITTLE IMPACT ON OUR COMMUNITY. THERE ARE THOUSANDS OF LUE THAT ARE ALLOCATED FOR PROJECTS THAT ARE SIMPLY NEVER GONNA HAPPEN IN LAGO VISTA. AND THE, THE, THE QUESTION IS, IS HOW DO WE GET THOSE RIGHTS BACK TO THE CITY SO WE CAN ALLOCATE THEM TO ACTUAL SHOVEL READY PROJECTS? LIKE WHAT IS BEING BROUGHT FORTH HERE TODAY? SO IN THE SCHEME OF THINGS, WHEN PEOPLE TALK ABOUT OUR WASTE AND WATER, THE AMOUNT THAT THEY'RE ACTUALLY GONNA USE IS MINIMAL. UH, ONE OF, UH, ONE OF THE INDIVIDUALS SAID THAT WE'RE 85% ON OUR WASTEWATER CAPACITY. THAT'S NOT CORRECT. UM, WE'RE ACTUALLY AT AROUND 60%. WE'RE WELL BELOW THOSE THRESHOLDS AND WE'RE MORE THAN CAPABLE TO TAKE ON THIS PARTICULAR PROJECT. UM, ONE OF THE ASSERTIONS WAS THAT, UH, YOU KNOW, ORIGINALLY IHG SAID THAT THEY COULD NOT LOWER THEIR FACILITY. AND THAT'S NOT WHAT WAS ACTUALLY EVER SAID. WHAT WAS ACTUALLY SAID IS THEY COULDN'T BE LESS THAN 90 ROOMS, RIGHT? AND SO I JUST WANTED TO ADDRESS THAT, THAT THEY ARE HELD TO A 90, 90 ROOM MINIMUM. SO HOWEVER, THAT LOOKS LIKE THEY HAVE TO HAVE 90 ROOMS AND THEY WERE ABLE TO LOWER THAT AND STILL KEEP THE 90 ROOMS. AND SO I JUST WANTED TO MAKE SURE THAT WAS CLEAR, THAT IT'S NOT THAT THEY HAVE CHANGED ANYTHING THAT THEY ORIGINALLY SAID. WHAT THEY SAID WAS, IS WE HAVE TO KEEP 90 ROOMS. AND THEY ENDED UP LOWERING IT FOR THAT, UH, PURPOSE. UM, THE SIDEWALKS, I DO HAVE A QUESTION ABOUT THE SIDEWALKS. I DO AGREE THAT THE SIDEWALKS NEED TO BE A PART OF THE PROJECT. UM, WHAT I DON'T KNOW, BRAD, IS WHETHER OR NOT, UM, THIS IS QUOTES BY THE WAY, SO I'M GONNA READ IT. IT SAYS, A PUBLIC EASEMENT WILL BE PROVIDED ALONG THE FRONT OF THE PROPERTY, AND SIDEWALKS WILL BE CONSTRUCTED AT THE COST OF THE OWNER AT SUCH POINT THAT THERE IS NOT CONTAGIOUS CONTIGUOUS PATH FOR CONNECTION. MY QUESTION IS, IS IF FIVE YEARS, 10 YEARS, 20 YEARS DOWN THE ROAD, ALL OF A SUDDEN NEIGHBORS HAVE THEIR SIDEWALKS BUILT, DO WE HAVE A LEGAL MECHANISM IF IT'S WRITTEN, WRITTEN INTO THE PDD TO HAVE THEM GO BACK AND ADD THESE SIDEWALKS? OR SHOULD THESE SIDEWALKS JUST BE BUILT ON THE FRONT END? THERE WOULD BE A, SORRY. UM, IF IT'S IN THE PDD, THERE WOULD BE A LEGAL MECHANISM, BUT IT WOULD BE A, YOU KNOW, COSTLY LEGAL MECHANISM, RIGHT? I MEAN, IT'S, IT'S, IT'S BASICALLY AN ENFORCEMENT ACTION OF SOME KIND. UM, I, I, I THINK IT MAKES MORE SENSE TO REQUIRE THAT UPFRONT. JUST ADD, YOU [01:55:01] KNOW, I MEAN, ALONG WITH ANY OF YOU WANNA, EXCUSE ME, YOU WANT, YOU KNOW, AT, AT BEFORE YOU GET YOUR CO THAT'S, YEAH. YOU KNOW, I, I, I THINK THAT MAKES MORE SENSE. UH, BUT I MEAN THAT'S, BUT, BUT YES, THE ANSWER YOUR QUESTION, THERE WOULD BE AN ENFORCEMENT MECHANISM, BUT WOULD JUST BE A, A LEGAL ACTION, YOU KNOW, AGAINST THEM TO, TO DO THAT. AND, AND I SEE IT ALL THE TIME. I'M IN CONSTRUCTION, I SEE BUILDINGS ALL THE TIME, HAVE A SIDEWALK GOING ACROSS THEIR PROPERTY, AND IT'S A SIDEWALK TO NOWHERE. BUT AT THE END OF THE DAY, THERE WILL BE A TIME AT A FUTURE PLACE AT THAT SIDEWALK WILL BE CONNECTED ALL THE WAY UP TO LOMAN AND BOGGY. SO I, I PERSONALLY HAVE THAT PREFERENCE. UM, THERE WAS CONCERNS ABOUT VISITORS HAVING ACCESS TO THE PPOA PARKS. THE ANSWER WAS NO, THEY'RE NOT. UNLESS THEY WERE IN VISITOR TO THAT SPECIFIC, UH, PARK, THEY WOULD NOT HAVE THAT ACCESS. UM, THERE WAS CONCERNS ABOUT MARKET VALUE. WOULD THIS HAVE A NEGATIVE EFFECT ON MARKET VALUE? I DON'T KNOW. I DON'T HAVE THAT ASSESSMENT, BUT WHAT I CAN SAY IS THIS IS A COMMERCIAL CORRIDOR AND ANYBODY THAT COULD, OR WOULD OR SHOULD HAVE BOUGHT IN THIS AREA KNEW THAT IT WAS A COMMERCIAL CORRIDOR, LIKELY AT SOME POINT IN TIME TO RECEIVE COMMERCIAL PROPERTY. UM, AND THEN THERE WAS THE LOSING THE NEIGHBORHOOD FEEL OR THE CHARACTER. UM, SOME DEVELOPERS GIVE ZERO CARE TO WHAT OUR AREA LOOKS LIKE. AND I'LL GIVE YOU AN EXAMPLE. UM, THERE ARE PEOPLE THAT HAVE BUILT IN OUR ETJ LATELY THAT THEY DID NOT GET PERMISSION. THEY DID NOT COME TO A ROOM LIKE THIS AND TO ASK US IF THEY WANTED TO PUT A 20,000 GALLON GALVANIZED STORAGE TANK RIGHT NEAR THE ROBE SIDE AND PUT IN A, YOU KNOW, A BUILDING OR THEY DON'T ASK THOSE PERMISSIONS. UM, BUT I AM, I DO COMMEND THAT THIS PARTICULAR DEVELOPER FROM, FROM MANY YEARS AGO COMING FORTH, UM, CHRIS FIELDER, WHO'S THE MAYOR OF LEANDER AT THE TIME, HE WASN'T THE MAYOR AT THE TIME, HE WAS BEFORE THAT CAME FORTH IN JUNE OF 2024. UM, HE PRESENTED THIS IDEA. THEY WERE VERY UPFRONT ABOUT IT, AND, UH, THEY ANNEXED THE RIGHT WAY. AND THEY ARE HERE TO DO THE PROJECT, NOT GIVING THE CITY THE MIDDLE FINGER LIKE OTHERS HAVE, BUT TO DO IT THE RIGHT WAY. AND I FIND THAT TO BE COMMENDABLE. UM, QUICK LIST OF BENEFITS. I KNOW IT WAS SHARED EARLIER. IT'S A FOUR STAR HOTEL CONVENTION CENTER, SPA RESTAURANT WITH BEAUTIFUL LANDSCAPING. UM, IT'S GONNA HAVE A POSITIVE INFLUENCE ON OUR CITIZENS. IT'S GONNA HAVE A POSITIVE EFFECT ON OUR LOCAL BUSINESSES. HOTELS ARE INHERENTLY BY NATURE, QUIET. I I'VE NOT REALLY BEEN TO ANY HOTELS THAT WERE LOUD AND HAD LOUD OUTDOOR VENUES. UM, 55 NEW LOCAL JOBS OR POTENTIAL TO BE GENERATED. $28 MILLION IN TAX-BASED 368,000 IN HOT TAXES PER YEAR AND 159 JOBS DURING CONSTRUCTION THAT WILL BE GENERATED LOCALLY. THOSE ARE, THAT'S REAL MEANINGFUL INFORMATION. THAT'S REAL MEANINGFUL DIFFERENCE IT'S GONNA MAKE TO OUR COMMUNITY. UM, THE LAST THING I'LL SAY IS THERE ARE A COUPLE ASKS THAT I HAVE TO, TO GET THIS ME ACROSS THE FINISH LINE. NUMBER ONE, UM, I'D LIKE TO SEE A MUNICIPAL SERVICE AGREEMENTS, UM, PART OF THAT MUNICIPAL, MUNICIPAL SERVICE AGREEMENT IS I WOULD LIKE TO SEE TO STATE THAT A BUILDING PERMITS FOR A PRIMARY STRUCTURE MUST BE ISSUED WITHIN 24 MONTHS OF APPROVAL DATE. MEANING I DON'T WANT A SITUATION OF WHERE WE DEDICATE THIS PDD WITH THESE 96 LUE. AND THEN THIS PROJECT JUST SITS ON THE BOOKS FOR AN INDEFINITE PERIOD OF TIME. OKAY. SO I'D LIKE TO, I'D LIKE TO MAKE SURE THERE'S A AGREEMENT THERE. UM, ANY ISSUES WITH THAT? WE ALREADY HAVE JORDAN FOR 24 MONTHS. WELL, THAT CONSOLE'S NOT IN THERE. THERE IS, YOU'RE TALKING ABOUT FULL SERVICE? YES. PLAN. HE'S ASKING FOR AN AGREEMENT FOR UTILITIES. OKAY. WITHIN 24 MONTHS. 24 MONTHS. YEAH. UM, SO BASICALLY YOU HAVE A PERMIT IN PLACE FOR THIS PROJECT TO, TO PROCEED FORWARD. AND IF, IF WITHIN 24 MONTHS YOU HAVE IT, GREAT. IF NOT, WE'LL START OVER. YOU PUT THAT IN. PERFECT. THAT'S EXACTLY WHAT I WANTED TO HEAR. THERE ARE SO MANY THINGS HAPPENING. THIS IS BIGGER. CAN I, CAN I, YEAH, OF COURSE. OKAY. I WILL ASK FOR A MORE TIME. THE REASON IS THIS IS AN $30 MILLION PROJECT AND MULTIPLE FACILITIES ARE BEEN BUILT, AND TO GET THE PERMITS FOR EACH OF THE BUILDING MIGHT TAKE LONGER, WHICH IS THE REASON I MIGHT GO HIGHER NOW. I WOULD, IF YOU COULD REALLY MAKE IT FROM 24 TO 36, THAT WOULD BE GREAT. I WANTED TO CLARIFY SOMETHING FOR HIM. I, I DON'T BELIEVE THAT HE WAS ASKING BEFORE, YOU KNOW, COMPLETION TIME. NO, I UNDERSTAND. I UNDERSTAND THAT EVEN THE, SO, UM, [02:00:01] TO GET THE PERMITS, I DUNNO, WHAT IS THE PROCESS TO REALLY GET THE WHOLE THING? I, WHICH I DON'T KNOW. I DON'T KNOW THE PROCESS, YOU KNOW, IF IT, IF THE GETTING JUST THE PERMITS TO GET THE BUILDING AND, UH, I'M SORRY. YOU CAN, NO, YOU'RE GOOD. I JUST, UH, TO CLARIFY, TYPICALLY HOW IT WORKS IS HIS ENGINEER WILL TAKE 12 TO 18 MONTHS TO DO FULL SITE AND CIVIL, UH, FOR EVERYTHING ON AND VERTICAL. UM, THE CITY, I WOULD ESTIMATE PROBABLY THREE TO SIX MONTHS TO GET THROUGH ROUNDS OF REVIEW AND REVISION, WHICH PUTS US AT 18 TO 24 MONTHS, UM, POST PLANS. AND SO STILL UNDER THE 24 LITTLE CLOSE, NOT SURE IF IT, IT GIVES ANY PAUSE, BUT DO YOU FEEL 48 MONTHS IS A SUFFICIENT AMOUNT OF TIME WITH NO QUESTIONS ASKED THAT YOU'LL HAVE A PERMIT IN HAND? YES, THAT WOULD BE GREAT. I, I'M NOT LOOKING TO STICK IT TO ANYBODY. WHAT I'M LOOKING FOR IS, IS I'M NOT LOOKING FOR THE PROJECT TO DRAG ON INDEFINITELY SO THAT 20 YEARS FROM NOW A CITY COUNCIL'S TRYING TO FIGURE OUT HOW TO COUNSEL YOUR PDD ENTITLEMENTS. NOW I CAN ASSURE YOU THAT, SO WE SPEND ALREADY $2 MILLION ON IT, WE WILL BE SPENDING MORE DOLLARS NOW, IT DOESN'T MEAN THAT WE'LL BE STOPPING IN BETWEEN. PERFECT. SO I, I'LL RECOMMEND 48 MONTHS. I DON'T HAVE A PROBLEM DOING THAT. I JUST WANNA MAKE SURE THE PRO THE PROJECT IS GOING TO PROCEED EXPEDITIOUSLY. YEP. THAT WOULD BE TAKEN CARE OF. THANK YOU. UM, JORDAN, I WANT TO ENSURE THAT ALL THE TABLES THAT PNZ HAD CONCERNS ABOUT HAVE BEEN UPDATED AND CORRECTED. UM, I WANNA ADD LANGUAGE ABOUT THE SIDEWALKS BEING BUILT AT CONSTRUCTION AND THAT THE LANGUAGE OF CONTAGIOUS IS UPDATED TO CONTIGUOUS. UM, ONE OF THE P AND Z MEMBERS JUST WANTED TO HIGHLIGHT THE FACT THAT THEY WANTED THE LOADING AND UNLOADING TO BE BEHIND THE BUILDING OUT OF YOU. JUST WANNA MAKE SURE THAT THAT'S CLEAR IN THE PDD AS THE BUILDING IS BEING, UM, APPROVED. UM, I WANT THERE TO BE A CLAUSE IN THERE THAT JUST HIGHLIGHTS, ALTHOUGH A SECOND ENTRANCE IS NOT REQUIRED TODAY, THAT IF IN THE EVENT A SECOND ENTRANCE BECOMES A VIABLE SOLUTION TO CONNECT TO LOWMAN, THAT THAT WOULD, UH, THAT WOULD BE MADE AVAILABLE. UM, I WANNA MAKE SURE IN THE PD, DD IS THE D THE DESAL LANE. AND THEN, YOU KNOW, I, I AGREE WITH, UH, COUNSELOR, UH, VAN NESS. I DON'T LIKE REALLY COMPLICATED AGENDAS, BUT, UH, TO UPDATE THE EXHIBIT B ONE WITH THE SQUARE FOOTAGE, I THINK IS A RELATIVELY SMALL THING. UM, SO I FEEL COMFORTABLE WITH THAT RED LINE. UM, THREE MORE THINGS AND THEN I'M DONE. UM, I WOULD LIKE ALL IRRIGATION TO BE INSTALLED WITH PURPLE PIPE. AND THE REASON I WOULD LIKE THAT IS I BELIEVE THERE'LL BE A DAY AND TIME THAT THE CITY IS OFFERING TYPE ONE WATER AND TO LIMIT THE LOAD AND CAPACITY OF OUR WATER IS IF YOU INSTALL ON THE FRONT END THAT YOU WON'T INCUR ANY ADDITIONAL MONEY TO, TO HAVE IT INSTALLED WITH PURPLE PIPE. BUT AT A FUTURE TIME, IF TYPE ONE BECOMES AVAILABLE, THEN I WOULD LIKE TO SEE YOUR FACILITY TO BE ABLE TO TAP INTO THAT TYPE ONE WATER LINE. AND THEN YOU IRRIGATE WITH WASTEWATER RATHER THAN MUNICIPAL DRINKING WATER. RIGHT. AND YOU WOULDN'T BE ABLE TO DO THAT IF YOU INSTALL IT WITH WHITE PIPE. AND THEN, UM, I JUST WANT LANGUAGE IN THERE ABOUT, UH, THE BUILDING CANNOT EXCEED 45 FEET WITH A CAP ELEVATION OF 1035. I JUST WANNA MAKE SURE THAT'S CRYSTAL CLEAR. AND LAST, I HAD NOT CONSIDERED THE PARKING LIGHTS EITHER. UH, AS PEOPLE DRIVING IN, I CAN SEE HOW THOSE LIGHTS GET CASTED OFF. THE PROBLEM WITH TREES IS TREES, AS THEY INHERENTLY GROW, THE CANOPY GOES UP WITH THEM AND THOSE LIGHTS KINDA GO UNDERNEATH IT. SO I WOULD ACTUALLY LIKE TO, UH, ADD, INSTEAD OF JUST MAYBE TREES THAT THERE IS A LANDSCAPE SHRUBBERY THAT, UH, IS INCLUDED AROUND THAT PARKING LOT TO, TO BLOCK HEADLIGHTS. AND THAT'S IT. THAT'S ALL MY ASKS. OKAY. I THINK, UH, I AM GOING TO GO AHEAD AND, UM, WELL, THE FIRST THING THAT I'M GONNA SAY AS, UM, I EVALUATED THIS, UM, I KNOW THERE'S PROS AND CONS, BUT I'M GONNA SAY I HAVE BEEN VERY CLEAR, MY CONCERN FOR THE FISCAL VIABILITY FOR THIS COMMUNITY IS GONNA RELY ON HAVING SOME COMMERCIAL HERE TO BE ABLE TO WITHSTAND IT JUST SIMPLY IS WE ARE OUT OF, UM, MOST COMMUNITIES THAT ARE BEDROOM COMMUNITIES, IF THEY DO NOT PURSUE COMMERCIAL TO A LITTLE BIT OF EXTENT, UH, MANY HAVE GONE BANKRUPT. I AM GONNA SAY, UM, THANK YOU. UM, MR. SULLIVAN GAVE ME THE TERM LOVERS. AND SO ONE OF THE LEVERS WE HAVE TO HELP KEEP OUR CITIZENS IN THEIR HOMES, UH, TO BE ABLE TO KEEP THE CITY RUNNING SO THAT WE HAVE OUR FINE POLICE FORCE HERE LOCALLY RATHER [02:05:01] THAN SHERIFFS. THIS IS ONE OF THE THINGS THAT WE CAN DO. I'M SATISFIED AND I APPRECIATE THE DEVELOPER FOR ALL HE'S DONE TO TRY TO MEET THE COMMUNITY NEEDS WITH THAT, UH, THAT IS ALL I HAVE TO SAY. I WOULD, UH, ENTERTAIN A MOTION. AND MAYOR, CAN I MAKE SOME MORE COMMENTS? I'M NOT READY FOR A MOTION. YES. COUNCILOR PRINCE, GO AHEAD. SO, UH, I WANNA GO BACK TO THE, THE TIMELINE COMMENT. UH, COUNCILOR BENFIELD, I WAS A LITTLE CONFUSED AS TO WHAT THE MILESTONE YOU WERE LOOKING FOR. CAN YOU CLARIFY THAT PLEASE? YEAH. UM, BASICALLY A BUILDING PERMIT, UM, NOT JUST WHAT, WHAT WAS IT THAT YOU REFERRED TO IT AS MR. WEST? UM, THERE WAS A PERMIT THAT WAS LIKE A LESSER PERMIT, BUT WE WANT AN ACTUAL PRIMARY STRUCTURE PERMIT. WE WANT A BUILDING PERMIT, NOT JUST AN MP. AN MP. AN MP IS JUST MOVING DIRT. YEAH. SO AN ACTUAL BUILDING PERMIT SO THAT ALL THE ENGINEERING, ALL THE DESIGNS, EVERYTHING WE'RE, WE'RE READY TO PUT A WATER METER AT THIS FACILITY. OKAY. YEAH. AND, AND I'M, I'M FINE WITH THAT. UM, THERE WAS ALSO ONE THING THAT I, I HAD WRITTEN A NOTE TO MYSELF. I THINK IT'S IN THE ORDINANCE NOW. IT SAYS THERE ARE 78 ROOMS, RIGHT? AND SIX CASITAS WITH, AND HERE'S THE PROBLEM, TWO TO THREE, UM, UNITS PER CASITA. BUT ALL OF THE OTHER MATERIALS SAID THERE WOULD ALWAYS BE TWO UNITS PER CASITA FOR A TOTAL OF 12. SO I, I THINK THE TWO TO THREE LANGUAGE NEEDS TO BE FIXED IN THERE TO JUST BE TWO. ABSOLUTELY. IF YOU WANT TO MAKE THAT MODIFICATION, THAT'S HOW CAUSES PROBLEM ALL. OKAY. OKAY. GOOD. UM, AND, AND THEN, UH, YOU KNOW, THE PURPLE PIPE I THINK IS A GREAT IDEA. UM, I, I'M, I'M NOT, I'M NOT SURE I'M THERE ON THE SIDEWALK FORCING THEM TO DO A SIDEWALK WHEN THE REALITY IS PROPERTIES, SEVERAL PROPERTIES ON BOTH SIDES ARE COUNTY, AND THE ODDS OF US GETTING A SIDEWALK ALL THROUGH THERE, UM, ARE, ARE, ARE NOT GREAT. SO I DON'T, I DON'T KNOW WHAT THE RIGHT ANSWER, BUT, UM, I, I DON'T KNOW. UH, I GUESS I'LL ASK, UH, IF FROM THE DEVELOP ARE, ARE YOU, ARE YOU WILLING TO PUT A SIDEWALK IN, UH, AS PART OF THE, THE, UH, AGREEMENT? WE STAND READY TO BUILD ONE IF IT'S NOT A SIDEWALK TO NOWHERE? AND SO THE LANGUAGE THAT, THAT THEY MODIFIED THAT P UH, P AND Z CHANGED IT TO, SAID THAT YOU WOULD BUILD ONE IF IT BECAME, UM, CONTIGUOUS WITH SIDEWALKS LEANING EITHER SIDE OF YOU. AND SO WE'RE HAPPY WITH THAT LANGUAGE OR ANY MODIFICATION OF THAT LANGUAGE. WE JUST DON'T WANT TO BUILD THAT SIDEWALK TO NOWHERE. THAT'S ALL. YEAH. AND I CAN, I CAN RESPECT THAT. I, I, UH, THE CITY ATTORNEY'S ADVICE THAT YES, IT WOULD BE ENFORCEABLE, BUT, YOU KNOW, MIGHT BE COSTLY AND DIFFICULT. UM, SO CAN I MAKE A COMMENT? SURE. YEAH. ACTUALLY, UM, MR. SULLIVAN HAS MENTIONED ABOUT IT THAT I SEEN, UH, ONE OF THE COMMERCIAL LOT ON THE NEAR NEXT TO THE GAS STATION. YEAH. WHERE THEY HAVE THE SIDEWALK, WHICH IS STANDING THERE, WHICH HAS BEEN LOT OF SHOPS. I, NO, I DON'T HAVE A POINT SPENDING HUNDREDS OF THOUSANDS OF DOLLARS ON IT AND IT NOT BEING USED. YEAH. THAT'S, THAT IS THE ONLY PROBLEM, WHICH I HAVE. YEAH. UM, IF, UH, IF YOU CAN REALLY GET EVERYBODY IN LINE, WE'LL, WE'LL BE READY TO DO IT. BUT, UH, IF YOU'RE ASKING ME TO SPEND MONEY NOW AND LATER THEY WILL ADD IT, THAT IS NOT GOING TO HAPPEN. THAT'S WHAT I'M TRYING TO SAY. YEAH. YEAH. YEAH. THANK YOU. SO, SO I'M INCLINED TO LEAVE THIS, THIS SIDEWALK OUT WITH, BUT THE LANGUAGE, UM, THAT, THAT THEY PROPOSED. UM, BUT OTHERWISE, I'M, I'M, I THINK I'M GOOD WITH, I'M EVERYWHERE YOU WERE TAKING US THERE. OKAY. MAYOR, CAN I ASK A PROCEDURAL QUESTION? YES. SO, JUST PROCEDURAL, WE'VE GOT A LOT OF CHANGES, PROPOSED CHANGES WE NEED TO GET IN. SO I'M NOT COMFORTABLE VOTING ON SOMETHING UNTIL WE'VE GOT KIND OF A CLEAN ORDINANCE TO VOTE ON. UNLESS THE CONSENSUS IS, YEAH. WE'LL ASSUME THESE CHANGES WILL BE MADE. WHAT, JUST IN PROBABLY DUMB QUESTION, BUT MORE PROCEDURAL. DO WE GET A CLEAN ORDINANCE IN WITH ALL THESE CHANGES THAT THE DEVELOPERS AGREE TO, AND THEN IT COMES BACK NEXT CITY COUNCIL MEETING? OR DO PEOPLE WANNA VOTE ON TODAY? SO, UM, I, YOU KNOW, I, I BELIEVE IT'S, UH, OPEN TO THE COUNCIL. I MEAN, MANY TIMES WHAT WE'VE ASKED, UH, IS FOR AN ITEM LIKE THIS TO GO AHEAD AND HAVE ALL THE CHANGES MADE AND THEN BRING, BRING IT BACK ON A CONSENT AGENDA. THAT'S ONE THING. UM, FORGIVE ME, COUNCIL PRINCES, IN TERMS OF THE HISTORY OF SOMETHING LIKE THIS. WHAT ARE SOME OF THE WELL, WELL, I'LL JUST SAY A COUPLE THINGS. I, I THINK THAT PROCEDURALLY IT WOULD BE APPROPRIATE IF SOMEONE WANTED TO MAKE A MOTION TO APPROVE WITH THESE CHANGES, AND THEY STATED IT, AND THEN IT EITHER, YOU KNOW, GETS APPROVED OR NOT. AND IF THAT, IF THAT HAPPENED AND IT WERE NOT APPROVED, THEN ANOTHER MOTION COULD BE MADE TO, TO SAY, [02:10:01] YOU KNOW, WE'VE GIVEN STAFF DIRECTION AND WE'D LIKE TO SEE THOSE CHANGES COME BACK IN A FUTURE AGENDA ITEM, WHETHER THAT'S A CONSENT OR DISCUSSION. SO THE ONLY, YOU KNOW, MY PREFERENCE IS ALWAYS TO HAVE A CLEAN DOCUMENT BECAUSE IT IS DIFFICULT TO, UH, EDIT ON THE FLY. UM, IF YOU WANT, IF IT'S COUNSEL'S DESIRE TO APPROVE WITH THESE CHANGES, AND YOU LIST OUT THOSE CHANGES, UH, YOU VERY COMPETENT CITY SECRETARY, SHE'LL GET THOSE DOWN. BUT WHAT I WOULD STILL RECOMMEND THOUGH, IS EVEN, EVEN THEN, I WOULD STILL WANNA BRING IT BACK TO YOU SO IT COMES BACK ON ANOTHER AGENDA ANYWAY. AND YOU RATIFY IT TO MAKE SURE THAT THE CHA, THAT THAT WHAT GETS DRAFTED IS WHAT YOU ALL INTENDED. SO AS A PRACTICAL MATTER, EVEN IF YOU APPROVE IT LIKE THAT TONIGHT, I'M STILL GONNA, WOULD RECOMMEND THAT YOU BRING IT BACK SO THAT YOU SEE A CLEAN VERSION AND YOU RATIFY IT NOW, WHICH SO FUNCTIONALLY IT DOESN'T REALLY MATTER 'CAUSE IT'S GONNA COME BACK ANYWAY. BUT EITHER ONE IS FINE. I JUST, I'M GONNA MAKE SURE THAT IT GETS DRAFTED IN A WAY THAT Y'ALL HAVE ACTUALLY APPROVED. I'M SORRY. THANK MR REST. THANK YOU, BRAD. THAT'S EXACTLY WHAT I WAS GONNA SUGGEST IS YOU APPROVE IT. IF YOU DECIDE TO APPROVE IT, YOU APPROVE IT TONIGHT, BUT BRING IT BACK AT THE NEXT MEETING TO RATIFY THAT. I WILL MAKE A COMMENT ON SIDEWALKS. UH, PROBABLY NOT GONNA BE A POPULAR DEAL, BUT I DO THINK THE SIDEWALK NEEDS TO BE PUT IN. I'VE BEEN THROUGH A NUMBER OF TOWNS THAT HAVE STATE HIGHWAYS, US HIGHWAYS IN THEM, AND YOU'LL SEE INTERSECTIONS WHERE YOU SEE THE HANDICAP SLOPES THAT GO UP, AND THEN THERE'S NO SIDEWALK, RIGHT? BECAUSE THAT WAS A FEDERAL REQUIREMENT BY THE FEDERAL GOVERNMENT TO GET HIGHWAY FUNDS. I HAVE SEEN NUMEROUS CITIES WHERE SIDEWALKS GO NOWHERE. AND YES, IT'S UNSIGHTLY FOR A LITTLE WHILE, BUT IT PUTS THAT IN THERE TO WHERE THE PROPERTY, WHEN IT DEVELOPS NEXT DOOR, THEY KNOW THEY'RE GONNA HAVE TO PUT THAT SIDEWALK IN. I JUST THINK IF YOU WAIT AND IT'S 10 YEARS BEFORE THE SIDEWALKS GO IN, WE MAY HAVE DIFFERENT OWNERS OF THAT PROPERTY. AND THEN WE'RE, WE'RE, WE'RE FIGHTING A LEGAL BATTLE TO EN FOR ENFORCEMENT AND ALL LATER DOWN THE ROAD, WHICH ADDS THE EXPENSE TO THE CITY TO ENFORCE THAT, TO GET THAT SIDEWALK PUT IN. SO I REALLY THINK THE SIDEWALK SHOULD BE PUT IN THAT, AND WE NEED TO JUST GO FORWARD TO THAT EVENTUALLY. YEAH, YOU'LL HAVE SOME SIDEWALKS FOR A NUMBER OF YEARS THAT MAY GO NOWHERE, BUT EVENTUALLY, 10, 15 YEARS FROM NOW, ALL THEM SIDEWALKS GET CONNECTED. THERE'S ALSO LOTS OF GRANTS OUT THERE FOR PAST THE SCHOOLS AND STUFF THAT HELP. YES. AND THAT SHOWS THAT WE HAVE A PLAN FOR SIDEWALKS TO GET THAT GOING, BUT IF WE DON'T GET STARTED ON PUTTING THE SIDEWALKS IN, WE WILL NEVER HAVE THE SIDEWALKS. ALL RIGHT. COUNCILOR BENFIELD, UM, MADAM MAYOR PRO TEM, I MOVE THAT THE CITY COUNCIL APPROVE AGENDA ITEM 8.1, REZONING 19 7 0 8 BOGGY FORD ROAD FROM A TR ONE TO A PLAN DEVELOPMENT DISTRICT PURSUANT TO SECTION 10, CHAPTER 14 WITH THE FOLLOWING UPDATES. AND THE REQUEST IS THAT WE WILL APPROVE IT TONIGHT, AND IF THERE'S ANY NEED, WE CAN RATIFY IT AT THE NEXT MEETING. UM, NUMBER ONE, I WOULD LIKE TO HAVE A MUNICIPAL UTILITY SERVICE AGREEMENT, WHICH STATES A BUILDING PERMIT FOR THE PRIMARY STRUCTURE MUST BE ISSUED WITHIN 48 MONTHS OF THE PDD. THERE WILL BE NO CAP ON THE TREE MITIGATION. YES. UH, POINT OF CLARIFICATION, WE CAN PUT IT IN THE PD DD NOT AS AN AGREEMENT. IT CAN JUST BE OH, THAT, SO THEN IN THE, IN THE PDD, THANKS FOR THAT CLARIFICATION. THAT THERE, THAT IT CLEARLY STATES THAT A BUR BUILDING PERMIT FOR THE PRIMARY STRUCTURE MUST BE ISSUED WITHIN 48 MONTHS. THANK YOU FOR THAT. UM, THERE IS NO CAP ON THE TREE MITIGATION, UM, THAT THE CORRECT TABLES HAVE BEEN UPDATED, THAT A SIDEWALK WILL BE INSTALLED AT CONSTRUCTION. THE LANGUAGE FOR THE SIDEWALKS WILL BE UPDATED FROM CONTAGIOUS TO CONTIGUOUS. THE LOADING AND UNLOADING WILL BE OUT OF VIEW BEHIND THE BUILDING IF AND WHEN AVAILABLE. A SECOND ENTRANCE CONNECTING TO LOMAN WILL BE ACCESSIBLE. THERE WILL BE A DESAL LANE ON THE DEVELOPER'S PROPERTY. EXHIBIT B ONE WILL CORRECTLY REFLECT THAT THE MAIN BUILDING SQUARE FOOTAGE IS 73,116, AND THE EVENT CENTER SQUARE FOOTAGE IS 27,842. AND THAT YOU WILL UPDATE THE [02:15:01] EXHIBIT AND CORRECTLY REFLECT IN THE ORDINANCE SECTION 6.1 A, THAT THE 73,116 SQUARE FOOTAGE SHOULD BE USED. INSTEAD OF THE 50,000, ALL IRRIGATION WILL BE INSTALLED ON SITE UTILIZING NON-POTABLE PURPLE PIPE. SO THAT IF AND WHEN TYPE ONE IS AVAILABLE TO THE PROPERTY, YOU COULD IRRIGATE WITH CITY WASTEWATER. THE BUILDING HEIGHT CANNOT EXCEED 45 FEET, AND THAT THE OVERALL TOTAL ELEVATION CANNOT EXCEED 1035. THAT THERE WILL BE ADDITIONAL SCREENING AROUND THE PARKING LOT FOR LIGHT THAT WILL INCLUDE EVERGREEN SHRUBS, THAT THERE WILL BE CLARIFICATION THAT THERE'S ONLY TWO UNITS PER CASITA NOT TO EXCEED 12. AND THAT'S IT. CLARIFICATION, IF I CAN , LEMME GO AHEAD AND GET A, IF THERE, IS THERE A SECOND? UH, I HAVE A QUESTION. UM, YOU SURPRISED ME BY THROWING IN THE SECOND ENTRANCE COMMENT AND, AND I'M ASSUMING THAT'S, UH, GOING BACK TO THE IDEA OF IF THE COMMERCIAL PROPERTY BEHIND THEM PROVIDES ROADWAY THAT WOULD ACCESS TO LOWMAN, THAT THEY WOULD CONNECT TO THAT. CORRECT. OKAY. UM, THAT WAS CLARIFYING. AND THEN I'LL, THAT LANGUAGE IS ALREADY IN THE PDD ORDINANCE, I PROMISE YOU. OKAY. YEAH. I, I JUST WANTED TO CLARIFY TO BE CRYSTAL CLEAR. YEAH. OKAY. AND, AND JUST THE ONE POINT OF CLARIFICATION, YOU SAID 45 FEET FOR THE BUILDING. I THINK IT'S 40. WE'RE 42. 42. EVEN BETTER. 42. BEAUTIFUL. THANK YOU FOR THAT. SEE HONESTY ALL THE WAY AROUND. DOES THAT ANSWER, UM, JUST AS AN FYI, MR. GREENFIELD, I HAD MY, UH, EMAILS DICTATION ON WHILE YOU WERE READING ALL THAT OFF. SO WE'RE GOING TO IN COURT IF THERE'S A SECOND. I JUST, I'VE GOT THIS LIST HERE. THERE ARE NO ADDITIONS TO IT. AND I THINK I'VE GOT IT HERE. IT'S NOT VERY WELL, UH, PUNCTUATED YET, BUT IT'S DEFINITELY, THANK YOU. ALL RIGHT. DO I HAVE A SECOND? I'LL SECOND. THANK YOU. COUNCILLOR PRINCE. I HAVE A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY THIS EVENING. AND SO THANK YOU. UH, THANK YOU EVERYONE FOR COMING AND GIVING YOUR COMMENTS. UM, I DO WANNA GO AHEAD AND PUT, UM, MR. UM, DUNCAN, MAYOR PROAM. MAY I, MAY I ASK A PROCESS QUESTION WHEN THE ROOM SETTLES DOWN? EXCUSE ME. HELLO? SORRY EVERYONE. WE NEED TO CONDUCT SOME BUSINESS HERE. GO AHEAD. COUNCIL PRINCE, I'M, I'M WAITING FOR THE DISRUPTION TO DIE DOWN. YEAH, YOU MAY NEED TO POUND YOUR, YOU. THANK YOU EVERYONE. IF Y'ALL WOULD PLEASE CARRY ON CONVERSATIONS OUTSIDE. THANK YOU. AND THIS IS A BETTER ONE. IHG. THANK YOU MAYOR PROTE. UM, I, PURSUANT TO THE CITY ATTORNEY'S REQUEST, UH, I JUST WANTED TO CLARIFY. MY UNDERSTANDING IS STAFF HAS THESE INSTRUCTIONS AND WILL BE THEN WE, WE WOULD ASK THEM TO BRING IT BACK TO US IN THE FINAL CLAIM FORM FOR RATIFICATION. SO A FUTURE MEETING? YES, SIR. MR. PRINCE. SO I JUST SPOKE WITH JORDAN. SHE'S GOING TO, I I, I FORWARDED TO CHARLES AND TO HER THE DICTATION OF MR. BENEFIELD'S FLOOR AMENDMENT. THAT'S ALL GONNA BE INCORPORATED INTO THE DOCUMENT. SHE'S GONNA SEND IT TO ME FOR REVIEW TO MAKE SURE THAT WE'VE GOT IT ALL. AND THEN THAT WILL BE, THAT REVISED DOCUMENT WILL BE IN YOUR PACKET FOR THE NEXT MEETING FOR RATIFICATION. PERFECT. THANK YOU. ALL RIGHT. ALRIGHT, [IX.1. Discussion regarding the Bunker Bar & Grill lease agreement.] I'M GONNA GO AHEAD AND, UM, BRING UP NOW, UH, FROM WORK SESSION ITEM 9.1, DISCUSSION REGARDING THE BUNKER BAR AND GRILL LEASE AGREEMENT. AND, UM, THANK YOU FOR COMING UP. AND DO WE HAVE A STAFF MEMBER ON THIS ONE? CHARLES, DO WE HAVE A STAFF REPORT [02:20:01] ON THIS ONE AS WELL? UH, THERE'S NOT A STAFF REPORT. ALL I CAN TELL YOU IS THE, UH, LEASE IS COMING UP FOR RENEWAL AND DUSTIN WOULD LIKE TO EXTEND THE LEASE WITH A FEW QUESTIONS ON IT. SO, ALL RIGHT, DUSTIN. THANK YOU. HOW YOU DOING? UM, THE LAST, UH, LEASE EXTENSION I DID IS IT WAS TWO YEARS. ODD THING I'M ASKING TO DO IS KEEP THE SAME TERMS AND JUST MAYBE HAVE A FOUR OR FIVE YEAR LEASE. UM, WE'VE BEEN THERE FOR, THIS IS YEAR SIX NOW, AND THINGS HAVE BEEN GOING WELL, SO WE WANT TO CONTINUE DOING BUSINESS WITH THE CITY. IF Y'ALL HAVE ANY QUESTIONS FOR ME, LET ME KNOW. ALL RIGHT. AND WITH THAT, DO I HAVE ANY QUESTIONS FROM COUNSELORS? MY ONLY QUESTION WOULD BE A QUESTION FOR STAFF. DOES STAFF HAVE ANY CONCERNS OR NEEDS FOR IMPROVEMENT IN, IN THE CONTRACT OR, OR, OR THE WORKING ARRANGEMENT, UH, WITH THE, WITH THE BUNKER? OR IS STAFF COMFORTABLE THAT THINGS ARE WHERE THEY NEED TO BE? AND THE CONTRACT WE HAVE, UH, IS, IS GOOD FOR EXTENSION? I THINK THERE'S PROBABLY SOME ROOM FOR SOME CLARIFICATION IN THERE. AND WHAT I WOULD LIKE TO DO IS GET, GET WITH OUR TENANT AND, AND GET SOME OF THAT CLARIFICATION. I WOULD LIKE TO SEE US GO TO AT LEAST A FOUR YEAR, 48 MONTH LEASE AGREEMENT. UM, BUT I DO WANNA SEE ABOUT POSSIBLY EXPANDING SOME STUFF TO WHERE EXP HE'S ABLE TO EXPAND HIS SERVICES TO THE OUT OUTDOOR AREA MAYBE AND HAVE A PATIO AREA OUT THERE WHERE THE OLD POOL WAS. SO WE'LL BE LOOKING AT, WE'RE LOOKING AT A LOT OF OPTIONS RIGHT NOW. WE'VE GOT A LOT OF MAINTENANCE ISSUES OUT THERE AT THE BUILDING THAT WE'RE TRYING TO ADDRESS. AND, AND THEN I'LL JUST, I'LL JUST SAY, I APPRECIATE THAT YOU'VE BEEN THERE AND OPERATING AS LONG AS YOU HAVE. YOU KNOW, THERE'S BEEN A LOT OF FLIPS IN THE BUSINESS OVER, OVER MY TIME IN THE CITY HERE. SO, UM, FOR ME, I'M COMFORTABLE WITH HAVING MATERIALLY THE SAME TERMS AND I'M ALSO COMFORTABLE WITH MOVING FROM A TWO YEAR TO A FOUR OR FIVE YEAR. UM, BUT, UH, YOU KNOW, UH, I, I GUESS WE'RE ON A WORK SESSION, SO IT'S NOT A DECISION TONIGHT ANYWAY, BUT THAT'S CORRECT. IT SOUNDS LIKE THE, THE, THE, UH, I'M COMFORTABLE WITH THE DIRECTION THAT MR. WEST JUST OUTLINED. YOU KNOW, MAYBE THERE'S SOME LITTLE CLEANUP TO BE DONE, BUT ESSENTIALLY WHAT WE HAVE AND EXTENDING IT BEYOND THE TWO YEAR, YOU KNOW, TWO YEARS HAPPENED SO FAST IT SEEMED LIKE YOU WERE JUST HERE, RIGHT? OUR JUST HERE . YOU WERE JUST HERE. YEAH. RIGHT. YEAH, GO AHEAD, COUNSELOR. RIA, I'LL JUST REITERATE FOR COMMERCIAL SPACES, I'VE ALWAYS QUESTIONED WHY WE DO TWO YEAR LEASES. THAT'S SOMETHING THAT SEEMS LIKE YOU WOULD SEE IN RESIDENTIAL, I WOULD EXPECT FOR COMMERCIAL SPACES, ESPECIALLY FOR A VIABLE BUSINESS, UM, ON CITY PROPERTY TO GO A LEASE FIVE THAT KIND OF SHOWS YOUR DEDICATION TO CONTINUING THE BUSINESS, UH, MODEL THAT YOU HAVE. UM, SO I'M, I'M IN AGREEMENT FOR THAT. DO I HAVE ANYBODY ELSE MAKING SURE THAT I'M NOT, YOU SEE ME LOOKING JUST TO MAKE SURE, UM, THE ONE COMMENT THAT I WILL ASK IS MORE JUST A QUESTION. WHEN YOU WERE HERE BEFORE US LAST TIME, WE WERE TALKING ABOUT BREAKFAST AND HOW THAT COULD WORK OUT. AND I'M REALLY MORE JUST CURIOUS THAN ANYTHING ELSE MM-HMM . AS TO HOW THINGS HAVE EVOLVED BECAUSE THAT WAS A, I THINK AT THE TIME WE WERE TALKING ABOUT A PROTOTYPE OR SOMETHING AND TRYING DIFFERENT BREAKFAST OPTIONS. YEAH. SO WE'RE DOING BREAKFAST TUESDAY THROUGH SUNDAY NOW. UM, WE START SERVING AT 9:30 AM AND WE GO TILL ABOUT NOON. I MEAN, IF IT'S SLOW IN THERE AT ONE O'CLOCK AND SOMEONE WANTS A BREAKFAST TACO, WE CAN MAKE IT FOR 'EM. UM, BUT YEAH, WE'RE DOING IT, UH, TUESDAY THROUGH SUNDAY, SO Y'ALL COME HAVE SOME BREAKFAST AND, UM, IF, IF WE CONTINUE TO SEE THAT THE GOLF COURSE IS FILLING UP MORE, WE'RE GONNA TRY TO OPEN THAT UP A LITTLE BIT EARLIER AND GET SOME PEOPLE, JUST SOME STAFF MEMBERS THERE. WE'RE JUST NOT HAVING A TON OF PEOPLE, YOU KNOW, AT SEVEN O'CLOCK THAT WANT ANYTHING. SO WE'RE KIND OF THERE. MY SERVER GETS THERE AT NINE, BUT THE KITCHEN'S PRETTY MUCH OPEN AT NINE 30. OKAY. MM-HMM . SO I KNOW THAT WAS A QUESTION AND THEN YEAH, BUT WE WERE DOING IT, WE WERE TALKING ABOUT EARLY, EARLY GOLFERS AND THERE WERE A COUPLE OF GOLFERS HERE, BUT THEY'VE LEFT SINCE, SINCE IT, UH, THEY'VE GONE ON HOME, SO I CAN'T ASK THEM. YEAH. YEAH. SO WE, UH, WE WEREN'T DOING IT TWO YEARS AGO, BUT NOW WE'RE DOING IT A FULL HOT BREAKFAST FOR THE GOLFERS OR ANYONE ELSE WHO WANTS TO COME IN. HOPEFULLY A LOT MORE PEOPLE. YES. OKAY. YEAH, OUR SUNDAYS ARE VERY BUSY, YOU KNOW, BUT IF SOMEONE WANTS BREAKFAST ON A TUESDAY MORNING, WE GOT IT. ALRIGHT. OKAY. ANYTHING ELSE? ALRIGHT, WELL WITH THAT, THANK YOU SO MUCH FOR COMING. THANK YOU SO MUCH. AND I GUESS THIS WAS JUST A, DO YOU KNOW IT, IT'S JUST A WORK SESSION. JUST A WORK AND THEN WE'LL, WE DON'T HAVE A, UH, SO YOU'LL CONTINUE WITH THE DISCUSSIONS WITH SOUNDS GREAT. UH, MR. WEST, AND THEN IT'LL COME BACK. ALL RIGHT. THANK Y'ALL. THANK YOU. I WILL JUST SAY I ATE THERE THE OTHER DAY AND IT WAS FANTASTIC. LOVE. REALLY GOOD . ALL RIGHT, GIMME JUST A MINUTE. HOW ARE Y'ALL DOING? DOING OKAY. HEY, SIX 30. THERE WE GO. NOW [02:25:01] WE'RE GONNA, UH, BE RUNNING THROUGH SOME OF THESE. OKAY. I'M [VII. CONSENT AGENDA] GONNA GO BACK, UH, TO THE CONSENT AGENDA. AND, UM, BEFORE I DO THAT, UM, I BELIEVE, UH, AT LEAST I'VE BEEN TOLD THAT WE WANNA REMOVE ITEM ONE, I'M SORRY, UH, 7.1 AND 7.5. IS THERE ANYTHING ELSE? IF NOT, I'M HAPPY TO READ IN THE REST OF THE ITEMS. THANK YOU. ALL RIGHT. SO, UH, 7.2 ACTION REGARDING THE APRIL 16TH, 2026 CITY COUNCIL MEETING MINUTES. UM, ITEM SEVEN POINT, UH, THREE CONSIDERATION AND POSSIBLE ACTION TO APPROVE THE REVISIONS TO THE CITY, THE CITY'S HUMAN RESOURCE POLICIES. AND ITEM 7.4, CONSIDERATION, POSSIBLE ACTION REGARDING THE APPOINTMENT OF COUNCIL MEMBER AMANDA WILSON CHAVARRIA TO THE SHORT TERM RENTAL SUBCOMMITTEE. DO I HAVE A MOTION? MAYOR, I MOVE THAT WE ACCRUE CONSENT AGENDA TWO, THREE, AND FOUR. THANK YOU. I'VE GOT A MOTION. DO I HAVE A SECOND? I'LL SECOND. THANK YOU. COUNCILOR VANNESS. GOT A MOTION AND A SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY. THANK YOU. ALRIGHT, WITH THAT I'M GONNA GO AHEAD AND, UH, READ IN AGAIN, UH, [VII.1. Consideration and possible action to amend the building permit extension fees for a residential construction permit issued for property located at 1307 Robin Trail.] GO TO 7.1 FOR THE CONSIDERATION AND POSSIBLE ACTION TO AMEND THE BUILDING PERMIT EXTENSION FEES FOR THE RESIDENTIAL CONSTRUCTION PERMIT ISSUED FOR PROPERTY LOCATED AT 1307, ROBIN RELL AND COUNCILOR BENFIELD, I BELIEVE YOU PULLED THIS ONE. WOULD YOU LIKE TO SAY A FEW WORDS? YES, MA'AM. LEMME JUST PULL IT UP REAL QUICK. SO THE STAFF RECOMMENDED THAT WE FOLLOW WHAT COUNSEL DID FOR WAGO HOLMES JUST RIGHT DOWN THE STREET AND LOWER THE PERMIT TO 25 CENTS PER SQUARE FOOT INSTEAD OF THE 75 CENTS PER SQUARE FOOT. AND THAT WOULD APPLY TO THE THIRD EXTENSION, WHICH COVERS NOVEMBER 25, NOVEMBER, 2025 TO MAY 23RD, 2026. AND THAT TOTAL COMES TO 2,336. MM-HMM . UM, I HAVE TWO ITEMS THAT I JUST WANTED TO, I GUESS MENTION TO COUNCIL IS THAT, UM, THE BUILDING AND STANDARDS COMMISSION JUST LAST NIGHT, UM, WAS MAKING A RECOMMENDATION THAT WE ARE LATER GOING TO BE DISCUSSING, WHICH IS ADOPTING CHANGES TO OUR CHAPTER THREE OF OUR CODE OF ORDINANCES. AND IN THAT CHANGE IS A CHART THAT OUR DEVELOPMENT SERVICES DIRECTOR PUT FORTH THAT WOULD MAKE THE THIRD EXTENSION FEE A FLAT $1,750. SO, ALTHOUGH I'M COMFORTABLE APPROVING TONIGHT THE $2,336 RECOMMENDATION, I'M ALSO OKAY APPROVING WHAT WE'RE GONNA BE VOTING ON HERE IN A FEW MINUTES, WHICH IS ADOPTING 1,750 FOR THAT THIRD EXTENSION. AND THEN NUMBER TWO IS, UM, THIS PARTICULAR HOMEOWNER, JUST ABOUT AS QUICKLY AS HE PAYS THIS EXTENSION FEE, HE'S GOING TO BE OUT, HE'S GOING TO LOSE HIS PERMIT AGAIN, OR IT'S GONNA EXPIRE ON MAY 23RD. AND SO I FELT THAT TO BE SOMEWHAT JUDICIOUS OF US TO GO AHEAD AND TRY TO SET A FEE FOR WHAT HIS NEXT EXTENSION GONNA BE. SO WHAT, SO ON MAY 23RD, WHAT WILL HAPPEN IS HE'LL HAVE TO START THIS WHOLE PROCESS AGAIN AND IT COULD DELAY HIM, OH, IT COULD DELAY HIM SEVERAL MORE MONTHS. AND SO THE, THE THOUGHT IS, IS CAN WE GO AHEAD AND APPROVE HIS FOURTH EXTENSION TONIGHT? AND THAT COULD EITHER MIMIC THE 25 CENTS PER SQUARE FOOT, WHICH WOULD MAKE IT 2,336 OR GO OFF OF THE, OF THE CHART THAT WE'RE GONNA BE DISCUSSING TONIGHT, WHICH WOULD MAKE HIS FOURTH EXTENSION $2,250. I PROBABLY MADE THAT AS CLEAR AS MUD, BUT THAT'S ESSENTIALLY WHAT, UH, WHAT I WAS WANTING. THAT'S THE REASON I PULLED IT OFF. CONSENT . UH, SO FOR CLARIFICATION, IF WE DID, UH, GO THROUGH WITH WHAT THE, I BELIEVE AND STANDARDS COMMISSION MADE THE RECOMMENDATION ON IT WOULD BE 1750 FOR THEIR THIRD, AND THEN IT WOULD STAIR STEP UP TO 2250 IS WHAT YOU SAID? YES, FOR THE FOURTH. OKAY. THAT, THAT WAS THE, UH, THAT IS WHAT THE BUILDING AND STANDARD RECOMMENDED. OKAY. THANK YOU. YES, COUNCILOR . YEAH, I THINK THAT'S A GREAT, UH, SUGGESTION. SO BE CONSISTENT [02:30:01] WITH WHAT THEY'RE RECOMMENDING TO US. BUT, UM, I DO AGREE. LET'S GO AHEAD AND GET THE FOURTH ONE DONE TONIGHT. GIVE THAT PERMISSION SO HE IS NOT HAVING TO COME BACK AGAIN AND AGAIN, IT'S EXPEDITE FOR JORDAN AND HER TEAM, UH, CARL, IT JUST, MAYOR , JUST A CLARIFICATION. SO THE FOURTH HAS NOT BEEN APPLIED FOR YET BECAUSE IT'S PRETTY MUCH I PREMATURE, RIGHT? I MEAN, WE'RE HAVE, SO MY RECOMMENDATION WOULD BE IF, IF THAT'S THE COUNCIL'S WISH TO APPROVE IT, APPROVE THE THIRD, THE FEE FOR THE THIRD, AND THEN WORDS TO THE EFFECT OF, AND IF APPLIED FOR A FOURTH, SET THE FEE THEN JUST AS A CONDITIONAL THING. 'CAUSE SINCE IT HASN'T BEEN FORMALLY APPLIED FOR YET. YES. SOMETHING LIKE THAT. YES. MM-HMM . OKAY. MR. WEST, I'D LIKE TO MAKE A RECOMMENDATION THAT WHATEVER THE FEE Y'ALL DECIDE ON IS, I WOULD SAY THAT, THAT THAT PERMIT DOES NOT EXPIRE MAY 23RD, THAT IT GOES 180 DAYS FROM TODAY'S DATE. THAT GIVES HIM SIX MONTHS TO GET THE HOUSE COMPLETED BECAUSE I DON'T, I DON'T THINK IT'S RIGHT TO SET A FEE THAT'S GONNA EXPIRE IN TWO WEEKS, THREE WEEKS. I THINK YOU SET A FEE, GIVE HIM THE 180 DAYS TO GET IT COMPLETED. AND IF HE'S NOT THROUGH IN 180 DAYS, THEN HE COMES BACK AND APPLIES FOR WHATEVER REQUIREMENT NEEDS. AGAIN. THAT'S MY RECOMMENDATION. COUNCILOR CHA, UH, I'M GONNA ACTUALLY OPPOSE THAT, THAT RECOMMENDATION. THE, UM, THIS GENTLEMAN'S BEEN WORKING BEHIND SCHEDULE ON, ON THESE APPLICATION, UH, RENEWALS OR PERMIT EXTENSIONS. SO HE'S KIND OF BEEN DOING THIS THE WHOLE TIME, UM, WORKING BACKWARDS. SO, UM, I I WOULD NOT, UH, NOT AGREE TO THAT PRINCE. DO DO WE HAVE THE BUILDER OR THE ANYONE REPRESENTING THE, UH, OWNER HERE? NO, NO ONE HERE. OKAY. UM, I, I ACTUALLY DROVE BY AND LOOKED AT IT AND, AND THIS IS A, A HOME THAT'S IN THE FLOODPLAIN APPARENTLY. UH, AND IF I UNDERSTAND THE BUILDING RIGHT, THE, THE BOTTOM TWO STORIES ARE, ARE THERE SIMPLY TO GET THE TOP STORY UP OUT OF THE FLOODPLAIN. SO IT'S A THREE STORY STRUCTURE WITH ONE STORY THAT WILL BE OCCUPIED ON TOP. UH, A LOT OF CONSTRUCTION HAS HAPPENED. AND, AND SO, SO I DO THINK THAT IT, IT LOOKS LIKE, UM, THE IDEAL SITUATION, WHICH I THINK WE ALL WANT TO ENCOURAGE IS TO, ONCE CONSTRUCTION GETS APPROVED, GET IT DONE RIGHT. UM, AND SO IT LOOKS TO ME LIKE THIS COULD BE DONE WITHIN A, YOU KNOW, A SIX MONTH TIMEFRAME. UM, AND, AND SO WHETHER WE BREAK IT INTO THE TWO PIECES OR, OR DO ONE NUMBER, UH, MAYBE A HALFWAY IN BETWEEN IS TO DO THE 25% NUMBER, WHICH IS THE 2000 AND CHANGE, AND MAKE THAT THE 180 DAYS THAT MR. WEST SUGGESTED. AND, UH, AND, AND, AND GO WITH THAT. BUT I I, I WOULD LIKE TO APPROVE SOMETHING TONIGHT. AND I'M, I'M WITH YOU MR. BENFIELD. I CAN, I CAN, I CAN GO EITHER WAY, BUT LET'S, LET'S PICK SOMETHING AND, AND, AND GET IT DONE SO THIS BUILDING CAN GET FINISHED. ALL RIGHT. COUNSEL BENFIELD, I, I LIKE BOTH OF WHAT YOU AND MS. CHAVARRIA SAID, WHICH IS, I I DON'T FEEL COMFORTABLE DOING THE 180 DAYS UNLESS WE DID THE 2336. I THINK THAT WOULD BE A FAIR COMPROMISE. PAY THE ORIGINAL RECOMMENDATION OF THE 25 CENTS, DO THAT AT THE 2336, PUT IT 180 DAYS OUT. AND THEN, UH, WE FOLLOW THE, THE, THE CHART FROM GOING FORWARD, WHICH WILL BE 2,250 ON THE FOURTH EXTENSION IF REQUIRED. I, I DO, UH, ON THAT LAST SUGGESTION, I DO HAVE A QUESTION. SO IF ON OUR FUTURE AGENDA ITEM, WE CHANGE THE FEES AS IS BEING SUGGESTED ABOUT BUILDING HIS STANDARDS, AND IF THIS PROJECT WAS NOT FINISHED AFTER, YOU KNOW, AND, AND THEY HAD TO COME BACK FOR A FOURTH EXTENSION BECAUSE IT'S AN EXISTING PROJECT WITH A FOURTH EXTENSION, WOULD THE NEW FEES APPLY TO IT AT THE TIME OF THAT? OR WOULD THEY BE GRANDFATHERED UNDER THE OLD FEE STRUCTURE? I'M LOOKING AT CHAPTER 2 45, BUT I DON'T THINK FEES ARE GRANDFATHERED. UM, LEMME LEMME GIMME JUST A MOMENT. I CAN VERIFY THAT, BUT I, UH, I DON'T BELIEVE THAT IT APPLIES TO, TO THAT KIND OF A FEE. WHAT DO YOU, DO YOU THINK IT DOES? UH, NO, QUITE THE OPPOSITE. SO THIS WAS BROUGHT UP AT THE LAST MEETING AND ESSENTIALLY IT WAS DISCUSSED THAT BECAUSE IT'S A REDUCED STANDARD, THEY CAN OPT IN TO THE NEW OH, YEAH, YEAH, YEAH, YEAH, YEAH. THE NEW STANDARD. YEAH. RIGHT? YES. AND SO IT DOESN'T APPLY, BUT THEY CAN CHOOSE, THEY CAN ASK FOR IT TO APPLY AND IT, IT BUGS OUT. YES, I REMEMBER THAT. OKAY. ALRIGHT. DO WE HAVE ANY OTHER DISCUSSION? IF NOT, I'LL ENTERTAIN A MOTION. MR. BENFIELD, I THINK YOU HAD IT. [02:35:01] UH, MADAM MAYOR PRO TIM, I RECOMMEND THAT WE APPROVE AGENDA ITEM. THAT'S NOT CORRECT. I WAS GONNA SAY 8.1, BUT GEEZ, WE'VE ALREADY DONE THAT. UM, 7.1, THAT THE THIRD EXTENSION FEE BE SET AT $2,336. THAT'S VALID FOR 18 MONTHS FROM APPROVAL DATE TODAY, 180, WHAT DID I SAY? 18 MONTHS, SEE HOW MY MIND WORKS. UM, 180 DAYS FROM TONIGHT. AND THEN ANY FUTURE EXTENSIONS, UM, IF WHEN APPLIED FOR, UM, THE RATE COULD BE SET AT THE $2,250 PER THE CHART THAT WAS RECOMMENDED BY, UH, THE DEVELOPMENT SERVICES DIRECTOR. THANK YOU. COUNCIL BANFIELD? DO I HAVE A SECOND? I'LL SECOND. THANK YOU. COUNCILOR HALL. WE HAVE A FIRST AND A SECOND. ALL THOSE IN FAVOR? WE WAIT. DISCUSSION? I'M SORRY. DISCUSSION, YOUR HONOR. UM, SO ON YOUR, YOUR LAST POINT, UH, YOU, YOU HAD THAT TAGLINE OF A FEE, WHICH WE'VE NOT YET APPROVED YET, WHICH GIVES ME A LITTLE BIT OF PAUSE, RIGHT? SO WOULD YOU ACCEPT THE AMENDMENT TO, TO SAY IF THEY APPLY FOR FOURTH PERMIT, THAT THE THEN CURRENT FEE STRUCTURE WOULD BE APPLIED TO THAT? OUR CURRENT FEE STRUCTURE? NO. THEN CURRENT AT THE TIME OF APPLICATION FOR THE FOURTH PERMIT? YES. I WOULD ACCEPT THAT. YEAH. THANK YOU. ALL RIGHT. THAT'S BEEN ACCEPTED. AND, UH, COUNCILLOR HALL, DO YOU ACCEPT THAT AS WELL? I ACCEPT THAT. ALL RIGHT. ANY MORE DISCUSSION? OKAY. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY. OKAY. ALL RIGHT. WE ARE GONNA MOVE ON TO [VII.5. Consideration and possible action to approve Ordinance No. 26-05-07-04; adopt the amended Rules of Procedure for the City Council, Boards, and Commissions. ] 7.5, UH, CONSIDERATION POSSIBLE ACTION TO APPROVE. ORDINANCE NUMBER 26 DASH OH 5 0 7 0 4, ADOPT THE AMENDED RULES OF PROCEDURE FOR THE CITY COUNCIL BOARDS AND COMMISSIONS. AND AGAIN, I BELIEVE COUNSELOR BENJI PULLED THIS. I REALLY LIKE THIS VERSION OF THE RULES OF PROCEDURE. I THINK IT LOOKS GREAT. I ONLY FOUND PERSONALLY THREE DEFICIENCIES IN IT. UM, THE FIRST ONE IS THE CURRENT RULES OF PROCEDURE PRESERVES THE RIGHT OF TWO COUNCIL MEMBERS TO PLACE ANY ITEM ON A FUTURE AGENDA ITEM. UM, WHILE THE CHARTER PROTECTS THIS BY SAYING ITEMS SPECIFICALLY REQUESTED BY TWO OR MORE COUNCIL MEMBERS MAY BE DELETED, THE RULES AND PROCEDURES SHOULD INCLUDE A SHORT PRACTICAL STATEMENT EXPLAINING HOW THAT RIGHT IS EXERCISED, INCLUDING WHERE THAT ITEM SHOULD BE PLACED ON THE AGENDA. SO MY RECOMMENDATION IS A SHORT SENTENCE IN THE RULES OF PROCEDURE THAT JUST SIMPLY SAYS, ANY TWO COUNCIL MEMBERS MAY REQUEST PLACEMENT OF AN ITEM ON A FUTURE CITY COUNCIL AGENDA. AND SUCH ITEMS SHALL BE AND SHALL NOT BE DELETED EXCEPT AS PERMITTED BY THE CITY CHARTER. THE REQUESTING COUNCIL MEMBERS SHALL IDENTIFY WHETHER THE ITEM IS REQUESTED FOR DISCUSSION, STAFF DIRECTION OR FORMAL ACTION, AND THAT THE ITEM SHALL BE PLACED UNDER THE APPROPRIATE AGENDA CATEGORY BASED ON THE NATURE OF THE REQUEST. UM, NUMBER NUMBER TWO, UM, THE CURRENT RULES AND PROCEDURE HAS A VERY DETAILED PROCESS ON HOW CITY COUNCIL CAN BE DISCIPLINED, CENSORED AND DUE PROCESS. THE PROPOSED VERSION REMOVES ALMOST ALL OF THAT DETAIL. WHILE I'M NOT OPPOSED TO RE REMOVING VAGUE DISCIPLINE LANGUAGE, UM, BECAUSE I THINK THAT KIND OF LANGUAGE CAN BE USED POLITICALLY, I DO THINK THAT THE CURRENT OR THE NEW RULES AND PROCEDURES SHOULD CLEARLY STATE THAT ANY FORMAL CENSURE DISCIPLINE OR REMOVAL OF A CITY COUNCIL MEMBER MUST FOLLOW THE CITY CHARTER ETHICS ORDINANCE, STATE LAW, AND PROPERLY POSTED AGENDA ITEM. SO I WOULD PROPOSE LANGUAGE SUCH AS THIS QUOTE, ANY FORMAL SENSOR DISCIPLINE OR REMOVAL OF A COUNCIL MEMBER SHALL BE PRO SHALL PROCEED ONLY AS AN AUTHORIZED BY THE CITY CHARTER, THE CITY ETHICS ORDINANCE, STATE LAW, AND A PROPERLY POSTED AGENDA ITEM. NO COUNCIL MEMBER SHALL BE FORMALLY CENSORED, DISCIPLINED OR REMOVED WITHOUT NOTICE, AND AN OPPORTUNITY TO RESPOND AS REQUIRED BY APPLICABLE LAW. AND THEN NUMBER THREE, THE CURRENT RULES OF PROCEDURE HAS [02:40:01] A VERY DETAILED SECTION ON THE ROLES ON COUNCIL LIAISONS AND HOW THEY INTERACT WITH COMMISSIONS. THE PROPOSED VERSION REMOVES ALMOST ALL OF THAT DETAIL. UM, I WOULD PROPOSE A SHORT LIAISON SECTION TO CLARIFY THAT A COUNCIL LIAISON IS A COMMUNICATION LINK AND NOT A VOTING MEMBER, AND NOT SOMEONE WHO DIRECTS OR CONTROLS THE BOARD OR COMMISSION. SO I WOULD PROPOSE, QUOTE, A COUNCIL LIAISON SERVES AS A COMMUNICATION LINK BETWEEN THE CITY COUNCIL AND THE ASSIGNED BOARD COMMISSIONER COMMITTEE OR OUTSIDE ORGANIZATION. A LIAISON IS NOT A VOTING MEMBER OF THE BODY SHALL NOT DIRECT OR CONTROL THE BODY'S VOTE OR RECOMMENDATION, AND SHALL NOT EXERCISE AUTHORITY ON BEHALF OF THE CITY COUNCIL UNLESS EXPRESSLY AUTHORIZED BY COUNCIL ACTION MINUS THOSE THREE CHANGES TO THE CURRENT RULES OF PROCEDURE, I WOULD SUPPORT MR. WEST'S PROPOSAL. OKAY. DO WE HAVE AN ANYBODY ELSE THAT WOULD LIKE TO MAKE A COMMENT MR. WEST? I HAVE ONE MORE CHANGE THAT CAME TO ME IN THE LAST DAY OR TWO, IS A LINE ITEM IN THERE SOMEWHERE ALONG THE LINES ON CONSENT AGENDA ITEMS THAT THE ONLY ITEMS THAT CAN BE PLACED ON A CONSENT AGENDA ARE MEETING MINUTES AND ITEMS THAT HAVE BEEN DULY DISCUSSED IN COUNCIL SESSION AT A PREVIOUS MEETING. OKAY. SORRY, I'M TAKING NOTES. UM, ALL RIGHT. DO WE HAVE ANYBODY ELSE THAT WOULD LIKE TO MAKE A COMMENT? COUNCILOR PRINCE? YEAH. UM, SEVERAL COMMENTS. I THINK, UM, ON, ON, UM, ON THE LAST, I'LL START AT THE END THERE. MR. WEST, I, I, I DO THINK THERE ARE SCENARIOS WHERE, UH, DECISIONS COULD BE RATHER STRAIGHTFORWARD AND COULD BE PLACED ON CONSENT. UM, COUNSEL TENDS TO BE PRETTY GOOD ABOUT PULLING THINGS FROM CONSENT WHEN WE NEED TO TALK ABOUT 'EM. AND SO I, I WOULD RATHER THAN PUT THAT RESTRICTION IN THE, THE, UM, THE PROCEDURES, I, I'D KIND OF PREFER TO LEAVE THE FLEXIBILITY TO, TO PUT THINGS ON CONSENT, UH, WHEREVER POSSIBLE. UM, SO THAT'D BE MY PREFERENCE. UM, AND THEN ON, ON THE, UM, CLARIFICATION ON THE TWO COUNCIL AGENDA, YOU KNOW, THE, THE MR. BENEFIELD'S FIRST POINT, I, YOU KNOW, I CAN, I CAN SEE THE LANGUAGE BEING ADDED, UH, ALTHOUGH I DON'T FEEL LIKE IT'S NECESSARY. UH, UM, BUT I, I CAN UNDERSTAND HIS DESIRE TO HAVE THAT, AND I CAN, I CAN GO EITHER WAY ON THAT. UH, THE, THE, UH, ENFORCEMENT PROCEDURE AROUND COUNSEL BEHAVIOR, UH, MAN, THAT'S A, THAT'S A RAT HOLE THAT WE WENT DOWN IN, IN SUCH DETAIL. I, I JUST, I KIND OF PREFER TO NOT GET THAT BACK IN THERE AGAIN AND HAVE THAT, HAVE THAT DEBATE OVER AGAIN. UH, AND, AND I, I, I RAN YOUR THIRD ITEM AGAIN. I DIDN'T WRITE THAT. I WAS TRYING TO CAPTURE THINGS, BUT I MISSED IT. WHAT WAS YOUR THIRD ITEM, MR. BENFIELD? THE COUNCIL LIAISON RULE. OH, YEAH. COUNCIL LIAISON RULE. UM, AND AGAIN, I, I KIND OF FEEL LIKE COUNCIL LIAISON, JUST HISTORICALLY, WE WENT THROUGH A PHASE ON COUNCIL, UM, IMMEDIATELY BEFORE MY TIME, AT THE BEGINNING OF MY TIME WHERE THE PERCEPTION WAS LIAISONS, UH, HAD WAY TOO MUCH AUTHORITY, AND THEY WERE HAVING TOO MUCH INFLUENCE. AND SO WE CHANGED THE LANGUAGE IN A WAY THAT IN FACT MADE, UH, SIX OUTTA SEVEN COUNCIL MEMBERS HAVE THE FREEDOM TO IMPACT, UH, COMMITTEES AND COMMISSIONS, BUT THE LIAISON COULD NOT . RIGHT? UH, AND, AND I THINK THAT, UH, I THINK THAT KEEPING IT CLEAN AND NOT HAVING THAT LANGUAGE IN THERE, AND WHAT, BECAUSE WE DO HAVE DEFINITIONS OF, OF THE LIAISONS AND WHAT THEIR, WHAT THEIR, UH, ROLE IS. I THINK, UM, AND NOT, I SHOULD SAY IT THIS WAY, WE HAVE, WE HAVE THE, THE ROLES OF, UH, COUNCIL MEMBERS AND COUNCIL CAN ONLY ACT AS A WHOLE. AND SO IF ANY COUNCIL MEMBER, LIAISON OR OTHERWISE IS TRYING TO INFLUENCE A COMMITTEE AND, AND, UH, INFLUENCE 'EM, AND THAT'S, THAT'S NOT APPROPRIATE. I, I, I FEEL LIKE, UM, ALL THREE OF THOSE ITEMS AS GETTING INTO THE MINUTIAE OF THE EXACT LANGUAGE HAS HAPPENED SO LONG. I'D PREFER NOT TO GO THERE. SO, SO I ACTUALLY, ON ALL FOUR OF THOSE AMENDMENTS, I'D RATHER NOT HAVE THEM IN THERE AND JUST APPROVE WHAT'S OUT THERE AS A CLEAN, SIMPLE, UH, I, I DO WANT TO, UH, NOTE THAT THERE HAD BEEN SOME DISCUSSION ABOUT APPOINTMENT OF, UH, BOARDS AND COMMISSION MEMBERS AND WHAT OUR PROCEDURES SHOULD BE AROUND THAT, AND HOW WE MIGHT TREAT THE COMMISSION APPOINTMENTS DIFFERENTLY THAN THE COMMITTEE APPOINTMENTS. NONE OF THAT'S IN HERE. UM, AND, AND [02:45:01] I ACTUALLY DO THAT AS SOMETHING THAT'S PROBABLY, UH, MORE IMPORTANT THAN THE OTHER FOUR, BUT I'D BE WILLING TO GIVE THAT UP AS WELL. SO AT THE END OF THE DAY, I'M INCLINED TO GO WITH WHAT'S IN OUR PACKET TONIGHT. UH, AND THEN I WANT TO MAKE THE OBSERVATION THAT OUR EXISTING RULES OF PROCEDURE REQUIRES SUPER MAJORITY TO CHANGE THE RULES OF PROCEDURE. AND SO IN ORDER TO ACCEPT THIS, WHAT WE HAD TONIGHT, WE'RE GONNA HAVE TO HAVE SIX OUT, OR I GUESS FIVE OUTTA SIX, UH, VOTE IN FAVOR OF THIS CHANGE. BUT THIS NEW DOCUMENT DOES NOT HAVE THAT LANGUAGE IN THERE. SO IF WE ADOPT THIS TONIGHT, BY SUPER MAJORITY, FUTURE CHANGES CAN BE DONE BY SIMPLE MAJORITY. AND I'M OKAY WITH THAT. MM-HMM . BUT I JUST WANTED EVERYONE TO RECOGNIZE THAT FACT. ALL RIGHT. THANK YOU. COUNCILLOR PRINCE. DO WE HAVE ANYBODY ELSE? COUNCILLOR CHA. UM, I'D LIKE TO, UH, AGREE WITH COUNCILLOR PRINCE, UH, REGARDING THE CONSENT AGENDA. UM, WE'RE NOT IN THE BUSINESS OF LOG ROLLING ITEMS. WE PULL THINGS OFF QUITE FREQUENTLY. UM, I DO LIKE THE ADDITION OF THE DEFINITION OF LIAISON ROLE IN THERE. UM, I THINK WE, IN EACH CHARTER, OR IN EACH DESCRIPTOR OF OUR COMMITTEES, WE INCLUDE THAT DEFINITION. BUT I THINK HAVING THAT IN OUR RULES OF PROCEDURE IS, IS NOT A BAD IDEA. I COULD GO EITHER WAY ON THE OTHER TWO RECOMMENDATIONS. DO WE HAVE ANY OTHER, ALL RIGHT. QUESTION. GO AHEAD. COUNCILOR VENICE. THANK YOU. SO COUNCILOR PRINCE, DO YOU THINK THE SUPER MAJORITY REQUIREMENT SHOULD REMAIN IN THE RULES OF PROCEDURE OR BE ADDED BACK IN THIS NEW STATE? NO, I, UH, AND, AND I THOUGHT I SAID, BUT MAYBE I DIDN'T SAY IT CLEARLY ENOUGH. I, I THINK, UH, THE SUPER MAJORITY REQUIREMENT WAS IN THERE BECAUSE WE WERE SO EXHAUSTED WITH CHANGING IT THAT WE SAID, LET'S MAKE IT HARD TO CHANGE THIS THING, SO WE STOP DEBATING IT. UH, AND I THINK THAT WAS A, THAT WAS A DECISION MADE IN EXHAUSTION AS OPPOSED TO THE, THE RIGHT DECISION. I DON'T, I DON'T THINK THIS SHOULD BE A SUPER MAJORITY TO CHANGE THIS PROCEDURE. UH, SO SIMPLE MAJORITY IS IN MY MIND, THE RIGHT APPROACH. OKAY. THANK YOU. ANYONE ELSE? ALL RIGHT. WITH THAT, I WILL ENTERTAIN A MOTION. WELL, I, I WILL SAY THE SIMPLER, THE BETTER AS FAR AS, UM, WHERE, UM, I STAND. UM, I DO RECALL THE APPOINTMENT ON THE, ON THE BOARDS POTENTIALLY. WE COULD HAVE A POLICY OR SOMETHING TO ADDRESS THAT. UM, OH, YOU GOOD? IT'S A DIFFERENT ITEM. DIFFERENT ITEM, DIFFERENT DIFFERENT ITEM. OKAY. ALRIGHT. UM, DAVID, YOU USUALLY HAVE SOMETHING ON ALL ITEMS, SO I JUST EXPECT YOU TO, YOU KNOW, TELL ME WHEN YOU'RE, WHEN YOU'RE WANTING TO SPEAK ON SOMETHING. ALRIGHT. SO WITH THAT, UM, I'LL JUST SAY THAT I'M IN FAVOR OF KEEPING THINGS AS SIMPLE AS POSSIBLE. I, I ACTUALLY HAD PUT ON THE BOARD ON MULTIPLE TIMES THAT WE COULD USE, UM, POLICY. THERE WAS ALSO A, A, UH, AND I DON'T REMEMBER THE TERM AT THE MOMENT, BUT A GUIDE, UM, FOR OTHER ITEMS THAT WE WANTED. BUT, UM, SO WITH THAT, I WILL JUST TURN IT BACK OVER TO THE COUNSEL. AND GO AHEAD, COUNSEL. BENFIELD, I'LL JUST SAY ONE THING HERE. UM, THERE HAVE BEEN SEVERAL TIMES I FULLY SUPPORT A SIMPLE RULES OF PROCEDURE. WE'RE GOING FROM 28 PAGES TO FOUR PAGES. UM, BUT THERE HAVE BEEN SEVERAL TIMES WHERE A QUESTION HAS BEEN ASKED TO BRAD, MR. BULLOCK, AND THE RESPONSE WAS, IT'S NOT IN YOUR RULES OR PROCEDURE. IT CAN'T BE THAT WAY. AND THE ANSWER GOES ONE WAY, NOT BECAUSE THAT'S WHAT IS NECESSARILY RIGHT OR WRONG OR IN THE SPIRIT OF THINGS. IT GOES THAT WAY BECAUSE IT'S NOT SPECIFICALLY DEFINED IN OUR RULES AND PROCEDURE. I'LL GIVE YOU AN EXAMPLE. I WANTED TO PUT SOMETHING ON THE AGENDA, AND I GOT A SECOND AND I ASKED FOR IT TO BE IN AN ACTION ITEM. AND IN THE END IT WAS PUT AS A WORK SESSION, RIGHT? AND THE WHOLE POINT OF HAVING A SECOND COUNCIL MEMBER IS THAT THAT'S BASICALLY A CERTIFICATION THAT THIS PRODUCT IS READY TO GO AND TO BE PRESENTED TO THE CITIZENS. BUT YOU HAVE THE MAYOR AND THE CITY MANAGER WHO HAS THE ABILITY TO BE A GATEKEEPER ON WHAT CAN OR CANNOT MAKE IT ONTO AGENDA. OR YOU HAVE A MINORITY MEMBER OF CITY COUNCIL THAT MAY NOT HAVE THE MAJORITY VOTE BOXED OUT BY HAVING THEIR VOICE HEARD ON ACTION ITEMS THAT MAY BE IMPORTANT TO THEIR CONSTITUENTS. SO HAVING CERTAIN [02:50:01] LANGUAGE IN THE RULES OF PROCEDURE THAT ARE ONE-LINERS THAT ARE SIMPLE ENOUGH TO CLARIFY HOW ITEMS CAN BE PUT ONTO THE AGENDA WITH A SECOND AND WHERE THEY SHOULD BE PLACED ON THE AGENDA. THAT'S NOT ADDING PAGES AND PAGES TO THE RULES AND PROCEDURE. IT'S A SENTENCE TO HAVE CLARIFICATION THAT A SET OF COUNCIL MEMBER CANNOT BE CENSORED OR PUNISHED WITHOUT FOLLOWING THE CHARTER. WE'RE NOT ADDING PAGES AND PAGES OF DISCIPLINE. WE'RE JUST SIMPLY SAYING, LET'S FOLLOW STATE LAW AND LET'S FOLLOW OUR OWN CHARTER. AND SO THESE LEVELS OF CLARIFICATION TO ME ARE BASIC, BUT I CAN RESPECT EVERYBODY NOT WANTING TO MAKE A DECISION ON THE FLY. BUT I WOULD NOT SUPPORT IT WITHOUT THOSE, UH, ITEMS BECAUSE THESE ARE TOOLS THAT ARE USED ON A DAY-TO-DAY BASIS. AND I HAD A CONVERSATION WITH MR. WEST AND HIS, HIS CONVERSATION WAS, I WOULD NEVER DO THAT. AND WHILE I APPRECIATE THAT, MR. WEST WILL NOT BE OUR CITY MANAGER INDEFINITELY, AND WE'RE NOT ALWAYS GONNA HAVE THE SAME MAYOR, AND WE'RE NOT ALWAYS GONNA HAVE THE SAME COUNCIL MEMBERS. AND THE RULES OR PROCEDURE ARE A DEFINING DOCUMENT ON HOW WE OPERATE. THANK YOU. COUNCILOR PENFIELD, I HAVE A, I HAVE A COMMENT, BUT IN ORDER FOR ME TO SHARE MY COMMENT, I'D HAVE TO HAVE COUNSEL AUTHORIZATION TO DISCLOSE SOME OF MY PREVIOUS, UM, SOME, UH, ATTORNEY-CLIENT, UH, COMMUNICATIONS TO YOU. AND IT RELATES TO THE ISSUE OF THE, OF AGENDAS. SO, UH, YOU TELL ME IF YOU WANT TO HEAR IT, BUT I THINK IT, IT BEARS ON WHAT MR. BEN, THE POINT THAT MR. BENFIELD JUST MADE. SO, YES. CONSENSUS. YES. SO WITH REGARD TO THE ISSUE THAT MR. BENEFIELD RAISES, MY OPINION WAS THAT YOUR RULES WERE SILENT AS TO WHETHER OR NOT AN ITEM IS PLACED FOR ACTION OR NOT. SO IN MY VIEW, THERE WAS SOME LACK OF CLARITY ABOUT WHETHER OR NOT THAT ITEM COULD OR COULD NOT BE, OR HAD TO BE PLACED FOR ACTION OR NOT. UM, SO FROM MY PERSPECTIVE, I'M NOT SUGGESTING THAT I PERSONALLY SUPPORT OR UNS, YOU KNOW, WHATEVER, BUT I, I DO SUPPORT CLARITY 'CAUSE IT MAKES MY JOB EASIER. AND SO IF IT IS SPELLED OUT THAT, UM, UH, YOU KNOW, A MEMBER, UH, AND A SECOND HAVE THE ABILITY THAT NOT ONLY TO IDENTIFY AN ITEM THAT IS PLACED ON AN AGENDA, BUT WHETHER OR NOT IT IS PLACED FOR ACTION OR NOT, THAT PROVIDES CLARITY. AND THEN I DON'T HAVE TO GIVE AN OPINION. YOU DON'T HAVE TO REACH OUT TO ME TO SAY, INTERPRET THIS BECAUSE IT'S CLEAR. SO THAT'S MY ATTORNEY RECOMMENDATION TO Y'ALL. I, I PREFER CLARITY OVER LACK OF CLARITY. THAT WAS THAT ISSUE AS FAR AS I WAS CONCERNED IN YOUR CURRENT RULES. THANK YOU, MR. REST. THIS MIGHT BE GETTING OFF TOPIC A LITTLE BIT, BUT IF Y'ALL LOOK ON THE DISCUSSION BOARD, I PUT AN AGENDA TEMPLATE OUT THERE AND YOU'LL NOTICE THAT WORK SESSIONS ARE NO LONGER ON THERE BECAUSE I WOULD LIKE FOR US, IF WE'RE GONNA DO WORK SESSIONS THAT NEED TO BE TRUE WORK SESSIONS AND WE'RE GETTING A LITTLE OFF KEY, IN MY OPINION AND AWAY FROM WHAT WORK SESSION ITEMS SHOULD BE AND SHOULDN'T BE. SO I THINK ANY ITEM THAT IS LISTED ON THE AGENDA SHOULD HAVE THE ABILITY TO, FOR THE COUNCIL TO TAKE ACTION IF THEY SHOULD TAKE ACTION OR NOT. AND THAT'S PART OF MY RECOMMENDATION IN MY AGENDA TEMPLATE THAT I'VE THROWN OUT THERE FOR COMMENTS AND STUFF. BUT THAT, THAT'S MY VIEW BECAUSE I, AS THE CITY MANAGER, I DON'T WANNA BE ACCUSED OF BEING THE GATEKEEPER AND KEEPING THE GATE CLOSED FROM ITEMS GETTING PUT ON THE AGENDA THAT Y'ALL WANT TO VOTE ON OR WHATEVER. COUNCILOR SHERIA, UH, WELL, I CAN APPRECIATE THAT, UH, THAT HASN'T BEEN NORMALLY, YOU KNOW, ADOPTED, UM, OR REALLY DISCUSSED AMONGST COUNCIL MEMBERS ON THE, UH, TEMPLATE CHANGE. I KNOW THAT THAT IS SOMETHING THAT, UM, I DON'T WANNA SPEAK ON HIS BEHALF, BUT NEITHER SELMA WAS, UH, ADAMANTLY OPPOSED TO, UM, HE LIKES THESE WORK SESSIONS, HE LIKES THE SHORTENING OF A ONE MEETING IN BEGINNING OF THE MONTH AND THEN, YOU KNOW, BRINGING EVERYTHING BACK ON ACTION ON THE SECOND, UH, MEETING OF THE MONTH. SO, UM, I DON'T KNOW IF THAT WOULD, UM, PASS MUSTER, UH, BY REMOVING THAT OR CHANGING THE FORMAT. UM, BUT I, I DO AGREE THAT, YOU KNOW, I WOULD, I WOULD APPRECIATE A LOT OF THINGS TO BE CONSIDERATION IN ACTION FOR , YOU KNOW, SO IF A GOOD CONSIDERATION IN ACTION AND ALL THAT. BUT, UM, THAT'S NOT WHAT'S ON THE AGENDA RIGHT NOW. WHAT'S ON THE AGENDA RIGHT NOW IS, YOU KNOW, UM, POLICIES AND PROCEDURES, ADOPTION. DO I HAVE ANY OTHER COMMENTS? ALL RIGHT. IF I DON'T HAVE ANY OTHER COMMENTS, I'M OPEN TO A MOTION. I BELIEVE THIS IS AN ACTION ITEM, MAYOR. I WOULD MOVE THAT WE APPROVE ORDINANCE 26 0 5, 0 7 0 4, UH, ADOPTING THE AMENDED RULES OF PROCEDURE FOR THE CITY COUNCIL AS PUBLISHED IN THE PACKET. ALL RIGHT, I HAVE A MOTION. DO I HAVE A SECOND? [02:55:02] I WILL SECOND IN ORDER TO MOVE THIS FORWARD FOR A VOTE. THANK YOU, COUNCILOR PRINCE. SO WITH THAT, ALL THOSE IN FAVOR SAY AYE. AYE. DO ALL THOSE NAY. NAY. OKAY. MOTION FAILS ON THE FIRST ONE. UM, ALRIGHT, SO WITH THAT MOTION FAILING, I'M OPEN TO ANOTHER MOTION. COUNCILLOR CHAVARRIA. I MAKE A MOTION THAT WE TABLE THIS DISCUSSION TO THE NEXT CITY COUNCIL MEETING SO WE CAN, UH, WORK OUT A FEW MORE OF THESE DETAILS THAT WE'D LIKE TO SEE ADDED. I'D LIKE TO SEE A LITTLE BIT MORE ACTION, THE DISCUSSION BOARD TO POSSIBLE CHANGES. ALL RIGHT. WE GOT A MOTION TO TABLE FROM COUNCILOR CHAVARRIA. DO I HAVE A SECOND? I'LL SECOND. COUNCILLOR VANNESS. SECOND. ALL THOSE IN FAVOR SAY AYE. YOU DIDN'T ASK FOR DISCUSSION. I'M SORRY. DISCUSSION. THANK YOU. THANK YOU FOR REMINDING ME. SO, UM, WE HAVE HAD MONTHS OF DISCUSSION, BOARD DISCUSSION ON THIS AND TABLING IT FOR YET MORE DISCUSSION BOARD IS JUST SO COUNTERPRODUCTIVE. I'M, I'M, I'M GOING TO VOTE NO TO TABLE. LET'S, LET'S EITHER MAKE A DECISION AND OUR DECISION MAY BE WE'RE GONNA NOT MAKE ANY CHANGES. BUT I, I DON'T WANT TO TABLE THIS. I'M, LET'S, LET'S MOVE ON FROM THIS ENDLESS REVIEW OF THE RULES OF PROCEDURE. MAY COUNCILOR EZ. SO I GUESS JUST PROCEDURALLY, I MEAN, I AGREE, I THINK WE'VE GONE BACK AND FORTH ON IT ENOUGH, BUT I THINK WE HAVE SOME, BRAD HAS RECOMMENDED CLARITY ON THAT ONE ITEM. AND COUNSELOR CHAVARRIA THOUGHT THE LIAISON ROLE ITEM WAS IMPORTANT. SO TO ME, THOSE ARE THE TWO, I THINK CONSENT AGENDA AND THE OTHER ONE, I FORGET WHAT THE OTHER ONE WAS, BUT WE REFINED IT DOWN TO THOSE TWO OR POSSIBLY THE THIRD ONE. I KNOW THERE WAS SOME DISCUSSION ON THAT AROUND THE BEHAVIORAL ISSUE PART. UM, WE COULD PROBABLY GET IT DONE PRETTY QUICKLY AND DEFINITELY BRING IT TO THE NEXT MEETING AND GET IT DONE RIGHT. I, I WOULD ABSOLUTELY THINK THAT THERE'S REALLY ONLY ABOUT THREE OR FOUR THINGS ON THERE THAT NEED CLARIFICATION. IT'S NOT GONNA EXPAND THE DOCUMENT SIGNIFICANTLY, BUT IT IS GONNA REQUIRE A SINGLE MAJORITY TO PASS. MM-HMM . THAT'S THE, THAT'S THE POINT OF CONTENTION. IT'S GONNA BE FIVE OUT SEVEN, SO I, YOUR, MY BUTTON, RIGHT? YEAH, YOUR MICROPHONE. OH, I APOLOGIZE. WHAT I'M SAYING IS IT'S A POINT OF CONTENTION. IT'S GOING TO, IT'S GONNA TAKE FIVE OUTTA SEVEN TO GET THIS PASSED REGARDLESS, SO IT'S NOT GONNA GET IT TONIGHT. OKAY. UM, IT MAY NOT GET IT IF WE TRY TO BRING IT BACK OR TABLE IT AGAIN. SO, UM, IT'S EITHER WE GET IT, GET IT TAKEN CARE OF OR JUST KEEP THE ONE THAT WE HAVE. ALL RIGHT. UM, COUNCILOR BENEFIELD. SO I HAD THREE RECOMMENDATIONS. UM, THE FIRST RECOMMENDATION IS THAT TWO COUNCIL MEMBERS CAN PLACE SOMETHING ON THE AGENDA. UM, A SECOND RECOMMENDATION WAS SLIGHT CLARITY ON THE ROLE OF A LIAISON, UM, , I'M ACTUALLY NOT GONNA DIE ON THAT HEEL. I ACTUALLY REALLY APPRECIATE YOUR COMMENT, MR. UH, PRINCE, THAT THE ONLY PERSON THAT'S TRULY PUNISHED IS THE, THE LIAISON. LIAISON. YEAH. YOU KNOW, SO, UH, YOU KNOW, IF, IF THAT'S A, IF THAT'S A STICKING POINT TO ANYBODY, I CAN EASILY CONCEDE ON THAT ONE. 'CAUSE, UH, I HAD NOT CONSIDERED IT FROM THE OTHER LENS, SO I APPRECIATE THAT THOUGHT. UM, AND THEN, AND THEN ON THE, ON THE THIRD ONE WAS JUST THE, UH, FORMAL PROCESS. THIS ISN'T ADDING ANYTHING TO THE WAY THAT WE DO OUR RULES OR PROCEDURES. IT SIMPLY JUST CLARIFIES THAT ANY DISCIPLINE WILL FOLLOW OUR CITY CHARTER OR STATE LAW. AND THAT WAS REALLY THE WHOLE PURPOSE OF MODIFYING OUR RULES AND PROCEDURE PER MR. SOM, IS THAT HE WANTED OUR RULES AND PROCEDURES TO FOLLOW STATE LAW. AND SO ALL I'M TRYING TO DO IS SAY IF WE'RE GOING TO HAVE DISCIPLINE OR TRY TO REMOVE A CITY COUNCIL MEMBER, OR IF THERE'S GONNA BE A FORMAL SENSOR THAT IT'S GOTTA FOLLOW A PROCESS AND THAT PROCESS HAS TO FOLLOW THE CHARTER OR STATE LAW. I'M NOT TRYING TO DEFINE WHAT THAT LOOKS LIKE. I'M NOT TRYING TO SAY THAT WE CAN OR CANNOT, OR SHOULD, OR SHOULD NOT. IT JUST SIMPLY SAYS, THIS IS WHERE WE LOOK IN THE DOCUMENT TO DETERMINE WHETHER OR NOT THIS IS THE PROCESS IN WHICH WE GO TO. AND IN THIS CASE, WE WOULD GO TO THE CHARTER, WE WOULD GO TO OUR ETHICS ORDINANCE, OR WE WOULD GO TO STATE LAW. I'M GONNA MODIFY MY, SO, SO WHAT I WOULD RECOMMEND IF, IF, IF THERE'S, IF THERE'S ENOUGH HERE TO GET THERE, IS I WOULD RECOMMEND THAT WE APPROVE IT WITH THE THREE MODIFICATIONS, AND THAT IF IT COMES BACK NEXT WEEK, WE CAN RATIFY IT, UM, WITH A SIMPLE MAJORITY AT THAT POINT, BECAUSE THE LION'S SHARE OF THE DOCUMENT HAS ALREADY BEEN APPROVED, THE SUPER [03:00:01] MAJORITY HAS BEEN REMOVED. AND IF SOME OF THE LANGUAGE NEEDS TO BE TWEAKED AFTER MR. BULL GETS HIS HANDS UPON IT, THEN WE CAN JUST SIMPLY DO A SIMPLE RATIFICATION AT THE FOLLOWING MEETING. THANK YOU MR. BENFIELD. THAT'S MY RECOMMENDATION TOO, IS TO POINT OF CLARIFICATION. SUPER MAJORITY, I BELIEVE IS SIX OUTTA SEVEN, NOT FIVE OUTTA SEVEN 75%. APOLOGIES, MS. CHAVARRIA SAID FIVE OUTTA SEVEN. YEAH. FIVE OUTTA SIX TONIGHT, YEAH. OH, YES, YES. UM, BUT SO YOU MENTIONED THREE, BUT I THINK IF YOU'LL DROP THE LIAISON LANGUAGE, THEN WE'VE GOT TWO, RIGHT? THE LANGUAGE TYING TO CHARTER OR ETHICS POLICY, AND THEN WE'VE GOT THE, UM, ABILITY TO PLACE AN AGENDA ITEM THAT'S THE OTHER, YEAH. IF WE WANT TO HAVE A 32ND DISCUSSION ON THAT LIAISON, I CAN HONESTLY GO EITHER WAY. I, LIKE I SAID, I'VE NEVER CONSIDERED IT FROM MR. PRINCE'S, UH, POINT OF VIEW. UM, THERE PROBABLY IS SUFFICIENT LANGUAGE OUT THERE ON WHAT THE ROLE OF A LIAISON IS, SO MM-HMM . I DON'T PERSONALLY HAVE AN ISSUE DROPPING THAT IF THAT'S THE WILL OF COUNSEL. OKAY. ALRIGHT. WE DO HAVE A MOTION AND A SECOND. SO, UM, WE EITHER NEED TO RESEND THAT OR WE NEED TO, UM, AMEND IT. I DON'T REALLY KNOW ABOUT GOING WITH THIS, BUT I WOULD ACTUALLY LIKE TO AMEND MY MOTION TO TABLE, UM, TO ACCEPT THE RULES OF PROCEDURE WITH THE ADDITIONS THAT MR. BENFIELD HAS MADE. AS LONG AS COUNSEL, THE NURSE IS WILLING TO, UH, AGREE TO THE SECOND, BUT I'M PROBABLY GONNA HAVE TO NEED SOME. YEAH. SO JUST, LET'S JUST, SO, JUST, JUST TABLE IT, OR NO, NO. SO TECHNICALLY IF YOU, THE EASIEST THING WOULD BE IF, IF COUNCILOR VENICE WITHDRAWS YOUR SECOND, AND THEN NOBODY ELSE SECOND IT. OKAY. THEN YOUR MOTION TO TABLE DIES. OKAY. THAT WOULD BE THE EASIEST PROCEDURAL THING. AND THEN SOMEBODY MAKES A NEW MOTION. OKAY. LET'S DO THAT. OKAY. I I DROPPED MY SECOND. I RESCIND MY SECOND. EXCELLENT. ALL RIGHT. SO NOW I WILL ENTERTAIN A NEW MOTION. CAN I, CAN I MAKE ONE COMMENT FOR THAT MOTION? SO, UM, ON THE, THE ENFORCEMENT MECHANISM, AS MR. BENFIELD JUST DESCRIBED IT, IS WE'RE GONNA FOLLOW STATE LAW, RIGHT? WE'RE GONNA FOLLOW THE CHARTER, WHICH WE HAVE TO DO ANYWAY. SO I THINK THAT'S NOT REALLY ADDING ANYTHING NEW. UM, AND SO I, I WOULD PREFER THAT NOT BE IN THERE. I THINK THE, THE TWO COUNCIL AGENDA AND CLARIFYING THAT TWO COUNCIL MEMBERS CAN SAY THIS NEEDS TO BE FOR AN ACTION ITEM THAT IS ACTUALLY NEW CONTENT. UM, AND, AND I'D, I'D BE OKAY WITH THAT. BUT THE, THE ENFORCEMENT PIECE, WE HAVE TO FOLLOW STATE LAW. WE HAVE TO FOLLOW THE CHARTER. UM, AND SO PUTTING IN, IN, IN THE RULES OF PROCEDURE, WE'RE GONNA DO WHAT WE HAVE TO DO, TO ME IS JUST NOT NEEDED. UH, COUNCILLOR HALL, WELL, I, AS THAT WAS BEING DISCUSSED, I WAS THINKING, WELL, THE, THE WHOLE, EVERYTHING WE DO HAS TO FOLLOW STATE LAW. AND SO, UH, THAT COULD BE THE PREAMBLE TO THE WHOLE DOCUMENT FOR THAT MATTER. SO I AGREE IT, YOU KNOW, IT REALLY DOESN'T ADD ANYTHING TO, UH, TO, UH, PUT THAT IN. ALL RIGHT. COUNCILOR BENEFIELD, MR. BULLOCK, WOULD YOU LIKE TO OPINE ON THE RECOMMENDATION? YEAH. SO, UM, I, THE ONE THAT WE'RE TALKING ABOUT IS THE MICROPHONE. THE, UM, WOULD YOU READ IT AGAIN? UH, YEAH, I JUST WANNA HEAR IT. ANY FORMAL SENSOR DISCIPLINE OR REMOVAL OF A COUNCIL MEMBER SHALL PROCEED ONLY AS AUTHORIZED BY THE CITY CHARTER, THE CITY'S ETHICS ORDINANCE, STATE LAW, AND A PROPERLY POSTED AGENDA ITEM. NO COUNCIL MEMBER SHALL BE FORMALLY CENSORED, DISCIPLINED OR REMOVED WITHOUT NOTICE, AND AN OPPORTUNITY TO RESPOND AS REQUIRED BY APPLICABLE LAW. UM, I'M LOOKING IN YOUR, I'VE BEEN LOOKING IN YOUR, YOUR, UM, LET ME SEE. ALL RIGHT. SO, I MEAN, HAS MR. PRINCES SAID IN THE PAST, YOU'RE BOTH RIGHT? I MEAN, YOU KNOW, IT'S, IT'S, I IT'S PROBABLY TRUE THAT THAT DOESN'T ADD ANYTHING, UH, NEW OTHER THAN TO CLARIFY THAT, I MEAN, TO STATE IT, YOU KNOW, THAT, THAT, THAT, THAT NO FORMAL ACTION MAY BE TAKEN, BUT FOR THIS, BY THAT SAME TOKEN, YOU HAVE TO FOLLOW THOSE THINGS ANYWAY. SO, I MEAN, I, YOU KNOW, D DOES IT ADD ANYTHING NEW? IT PROBABLY DOESN'T ADD ANYTHING NEW, BUT IT JUST ARTICUL, IT'S, IT'S [03:05:01] THE ARTICULATION OF A POLICY, UM, IN ONE CONCISE PLACE. SO IT ALSO DOESN'T, UM, UH, IT, IT DOESN'T, THERE THERE'S NO, THERE'S NO HARM EITHER. SO, I, I, I, CAN I ASK, UM, I GUESS MY QUESTION IS, IT'S REPETITIOUS IF WAS THE DOCUMENTS WILL GO TO, WILL BE ETHICS POLICY AND THE CHARTER, WHICH PROVIDE MORE DETAIL ON HOW THAT'S GONNA BE HANDLED. AND WE GET LEGAL GUIDANCE FROM YOU ON HOW SOMETHING LIKE THAT WOULD BE HANDLED. SO TO ME, IT'S A LITTLE BIT, I GUESS, SUPERFLUOUS TO ADD IT. SO JUST A, JUST A THOUGHT. I, I MEAN, I, IT, IT'S, IT'S, IT IS NOT A, IT IS NOT A NEW, UH, IT DOESN'T CHANGE ANY OF THE RULES THAT ARE THERE. RIGHT. UH, AND, AND, AND BY, BY, UH, HOWEVER, UM, I WILL SAY THAT YOUR, UM, ONE OF THE ISSUES THAT I'VE ENCOUNTERED IS THAT YOUR CHARTER PROVIDES SOMEWHAT LESS CLARITY ON ITS PROCESS. MM-HMM . THE PROCESS IS SET FORTH WITH, IT'S, IT'S MAYBE TOO COMPLEX, BUT THERE IS THIS PROCESS SET FORTH IN YOUR ETHICS ORDINANCE. YOUR CHARTER DOES NOT PROVIDE KIND OF THAT SAME LEVEL OF CLARITY. I DON'T KNOW THAT THIS SENTENCE ALTERS THAT, BUT IT AT LEAST PUTS EVERYONE ON NOTICE THAT THERE ARE, THERE ARE DIFFERENT KINDS OF VIOLATIONS AND PROCESSES THAT COULD OCCUR SO THAT, THAT UNDER WHICH, YOU KNOW, DISCIPLINE OR WHATEVER COULD BE, UM, DETERMINED. BECAUSE THERE ARE STANDALONE CHARTER, ALTHOUGH THE PROCESS IS LACKING, THERE'S STANDALONE ETHICS, AND THEN OF COURSE THERE'S STATE LAW. SO YES. I MEAN, DOES IT CREATE SOME NEW POLICY? NO, IT, IT DOESN'T DO THAT. UM, BUT LIKE I SAID, BUT IT, IN MY VIEW, IT ALSO DOES NO HARM. SO I, IT, IT'S, BUT Y'ALL ARE THE POLICYMAKERS. I'M NOT A POLICYMAKER , SO, OKAY. SO ARE WE GOING TO ENTERTAIN A MOTION? ANOTHER MOTION? WELL, I'LL GIVE IT A GO. UH, IF YOU DON'T MIND, CAN I, BENNETT FILLED, UH, MAYOR PRO TEM. I MOVE THAT WE APPROVE AGENDA ITEM 7.5 WITH, DO YOU WANT ME TO READ THE ENTIRE STATEMENTS AGAIN, OR CAN I JUST PARAPHRASE AND THEN SEND THEM TO YOU, MR. BULLICK? YEAH. IF YOU PARAPHRASE THEM SO THAT WE CAN INCORPORATE THEM INTO A DOCUMENT THAT WE DIDN'T BRING BACK NEXT TIME. YEAH. TO ROUND BY THAT WAY, BECAUSE I THINK WE'VE GOT THEM IN THE RECORD, I MOVE THAT WE APPROVE 7.5 AS WRITTEN WITH THREE CHANGES. NUMBER ONE, THE LANGUAGE REGARDING TWO CITY COUNCIL MEMBERS MAY REQUEST PLACEMENT OF AN ITEM ON ANY FUTURE CITY COUNCIL AGENDA. NUMBER TWO, ANY FORMAL SENSOR OR DISCIPLINE OR REMOVAL OF A COUNCIL MEMBER SHALL PROCEED ONLY AS AUTHORIZED BY THE CITY CHARTER. AND NUMBER THREE, A, UH, THAT'S IT, THOSE TWO ITEMS. OKAY. WE'VE GOT A, IS THAT IT? COUNCIL ? YEP. AND THEN, UH, AND THEN IF THERE'S ANY AMBIGUITY IN THE LANGUAGE AT THE NEXT ONE, WE CAN RATIFY IT BY A SIMPLE MAJORITY. THANK YOU. AND DO I HAVE A SECOND? I'LL SECOND. COUNCILLOR CHAVARRIA IS OUR SECOND. ANY DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. AYE. AYE. ANY OPPOSED? MOTION CARRIES. ALL RIGHT. YOU HAVE WRITTEN I MAYOR. CONGRATULATIONS. Y'ALL MANAGED TO DO THAT IN RECORD TIME. ALL RIGHT. OKAY. UM, ALRIGHT. I'M HOPING WE'RE, WE'RE COMING UP ON THE TIME, BUT Y ARE OKAY. I'M, I'M KIND KNOCKING THESE OUT IN ORDER AS BEST I CAN. ALL RIGHT. SO MOVING ON TO, UM, ACTION ITEMS, UH, EIGHT. 'CAUSE WE'VE ALREADY COMPLETED 8.1. I'M GOING TO 8.2 [VIII.2. Consideration and possible action awarding Irrigation proposal for RFP 26-03 Cedar Breaks Irrigation Repair and authorizing City Manager to Execute Agreement.] CONSIDERATION POSSIBLE ACTION AWARDING IRRIGATION PROPOSAL FOR RFP 26 0 3, CEDAR BRAKES, IRRIGATION, UH, REPAIR AND AUTHORIZING CITY MANAGER TO EXECUTE THE AGREEMENT. UH, GOOD EVENING, MAYOR PRO TEM COUNCIL. THIS ONE WAS BROUGHT BACK TO COUNCIL FOLLOWING THE PREVIOUS MEETING WHERE DIRECTION WAS PROVIDED TO STAFF TO ISSUE A LETTER OF CLARIFICATION TO THE PROPOSERS. UH, THAT, UH, LETTER OF CLARIFICATION WAS SENT APRIL 21ST WITH A DEADLINE OF APRIL 30TH AT END [03:10:01] OF BUSINESS. UH, TWO PROPOSERS SUBMITTED THEIR RESPONSES BY THE DEADLINE, AND THEY'VE BEEN INCLUDED IN THE PACKET FOR COUNCIL REVIEW AND CONSIDERATION FOR APPROVAL OR AWARD. THANK YOU. ALL RIGHT. BACK TO COUNSEL FOR ANY, UH, QUESTIONS OR COMMENTS. COUNCILOR PRINCE, UH, I'LL JUST SAY, YOU KNOW, MR. BENFIELD CREATED A LONG LIST OF REALLY GOOD QUESTIONS, AND I, I, AS I READ IT, THE LOW BIDDER SAID, YEP, I'M GONNA DO ALL THOSE THINGS THAT YOU WANT ME TO DO. SO IT SEEMS PRETTY CLEAR TO ME. THANK YOU, COUNCILOR PRINCE. ANYONE ELSE? ALL RIGHT. WITH THAT, I'LL ENTERTAIN A MOTION. UM, I'LL MOTION ON ACTION ITEM 8.2, THAT WE APPROVE THE AWARD OF THE IRRIGATION PROPOSAL FOR RFP 26.03, CEDAR BRAKES, IRRIGATION REPAIR, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. THANK YOU. COUNCILOR VAN? UH, DO WE HAVE A SECOND? COUNCILOR CHAVARRIA IS A SECOND. ALL RIGHT. ANY DISCUSSION ON THAT MOTION? DO, DO WE NEED TO CLARIFY? THE AWARD IS GOING TO JUST, UH, IT'S, IT'S, UM, I DON'T HAVE IT IN FRONT OF ME, BUT THE NAME OF THE BUSINESS IS AQUA FLOW IRRIGATION. AQUA FLOW IRRIGATION. YEAH. UM, ALRIGHT. AND THAT IS, UH, YOU'LL ACCEPT THAT CLARIFICATION. WE ACCEPT THAT? YES. YES. OKAY. ALL RIGHT. WITH THAT, ANY OTHER DISCUSSION ON THAT MOTION? ALL RIGHT. ALL THOSE IN FAVOR SAY AYE. A AYE. AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY. ALL RIGHT. THANK YOU. KNOCK THESE DOWN. ALL RIGHT. UM, ON, UH, ITEM [VIII.3. Discussion, Consideration, and Possible Action on a Municipal Service Plan for the Annexation Of 4.949 Acres Also Known As Lot 27, Travis Hollow, Section Two, According To The Map Or Plat Thereof, Recorded In Volume 78, Page 398, Plat Records, Travis County, Texas; Save And Except That Portion Conveyed To Travis County, Texas, Recorded In Volume 10662, Page 402, Real Property Records, Travis County, Texas ETJ, Located At 7301 Lohman Ford Road In Lago Vista Texas 78645 And Adjacent To The City Of Lago Vista Municipal Limits] 8.3, DISCUSSION, CONSIDERATION POSSIBLE ACTION ON A MUNICIPAL SERVICE PLAN FOR THE ANNEXATION OF 4.949 ACRES, ALSO KNOWN AS LOT 27 TRAVIS HOLLOW, SECTION OH TWO, ACCORDING TO THE MAP OR PLAT THEREOF, RECORDED IN VOLUME 78, PAGE 3 98, PLATT RECORDS, TRAVIS COUNTY, TEXAS. SAVE AND ACCEPT THAT POOR ON CONVEYED TO TRAVIS COUNTY, TEXAS. RECORDED IN VOLUME 1 0 6 6 2, PAGE 4 0 2, REAL PROPERTY RECORDS. TRAVIS COUNTY, TEXAS ETJ, LOCATED AT 73 0 1 LOMAN FORD ROAD IN LAGO, VISTA, TEXAS 7 8 6 4 5. AND ADJACENT TO THE CITY OF LAGO VISTA, MUNICIPAL LIMITS. THANK YOU. AND STAFF, UH, MAYOR PROAM. AND COUNSEL, THE ITEM BEFORE YOU IS THE MUNICIPAL SERVICE PLAN. STATE LAW REQUIRES US TO DO ONE BEFORE WE CAN ANNEX THE PROPERTY. UM, AS YOU'LL RECALL, WE DID ADOPT A RESOLUTION TO MOVE FORWARD IN THIS PROCESS, UH, WITH UNANIMOUS CONSENT FROM COUNSEL. THIS IS THAT NEXT STEP. IT OUTLINES HOW AND WHEN WE WILL PROVIDE SERVICES, WHO PROVIDES THOSE SERVICES, AND IT'S A REQUIREMENT FOR US TO HOLD PUBLIC HEARINGS. SO, UM, IF IT PASSES, UM, NEXT MONTH, WE INTEND TO CALL FOR THOSE PUBLIC HEARINGS. THIS IS JUST THAT FIRST STEP. UM, IT'S GONE THROUGH LEGAL, LEGAL HAD NO ADDITIONAL COMMENTS OR CONCERNS OR ANYTHING WITH IT. SO WHAT YOU SEE IS WHAT WE, IT'S THE FINAL DOCUMENT. UM, IF THERE'S ANY QUESTIONS OR CONCERNS, WE'RE HAPPY TO ANSWER. UH, IT'S A PRETTY STANDARD, UH, DOCUMENT AND PROCESS. SO, AND I'LL SAY IT BACK TO COUNSEL, COUNCILOR, PRINCE. UM, SO, UH, YOU ANSWERED MY FIRST QUESTION. SO THIS, THIS DOCUMENT IS JUST, IT'S JUST OUR STANDARD AGREEMENT, RIGHT? THERE'S NOTHING SPECIAL IN HERE. MM-HMM. UM, SO THIS PROPERTY BEING ANNEXED, PRESUMABLY WOULD COME IN WITH A TR ZONING, AND THEN, UM, AT SOME POINT IN TIME, THE CITY OR THE PROPERTY OWNER COULD, UH, FILE FOR A ZONING CHANGE FROM TR TO SOMETHING MM-HMM . AND AS I INTERPRET THE FLUME, THIS IS NOT THE, THE, THE HEAVIER, UH, COMMERCIALS, THE LIGHTER. SO TO ME, THE FLUME WOULD INDICATE THIS PROPERTY COULD BECOME C ONE, BUT NOT C TWO. UM, AND WE'RE NOT ON THAT DECISION PROCESS, BUT, UM, IT, AM I CORRECT IN MY, YOU KNOW, THE PROCESS STATEMENT, IT'LL COME IN A TR ONE, AND AT SOME POINT IN TIME IT COULD GET REZONED TO SOMETHING WITH THE FLU CURRENTLY, UH, SUGGESTING C ONE. SO BECAUSE THE PROPERTY HAS A USE ALREADY, IT'S AN EXISTING BUSINESS THAT HAS BEEN ESTABLISHED, UM, STAFF'S PREFERENCE IS TO ACTUALLY BRING IT IN WITH ZONING AT THE SAME TIME. AND SO WHAT WE DO IN ORDER, UM, WE, AS LONG AS THIS GETS APPROVED TONIGHT, OUR PLAN AND WHAT WE INTEND TO NOTICE FOR THIS WEEK IS A PUBLIC HEARING, THE FIRST MEETING IN JUNE, UM, FOLLOWED BY THE ZONING PUBLIC HEARING AT P AND Z, AND THEN THE SECOND PUBLIC HEARING FOR BOTH THE ANNEXATION AND THE ZONING TO BE ON THE COUNCIL AGENDA. AND THEN ESSENTIALLY, THERE'S TWO ORDINANCES THAT HAPPEN, THE ANNEXATION ORDINANCE AND THE ZONING ORDINANCE AT THE SAME TIME, SO THAT WHEN IT COMES IN, IT'S SETTLED, IT'S DONE, WE KNOW WHAT IT IS, IT'S AN EXISTING BUSINESS. AND THEN WE DON'T [03:15:01] RUN INTO ISSUES WITH NONCONFORMITIES RIGHT OFF THE BAT, UH, BECAUSE THERE IS AN EXISTING BUSINESS THERE. AND SO TR ONE DOESN'T ALLOW FOR WHAT THEY'RE DOING, AND IT MM-HMM . IT'S THE CLEANEST WAY WE FEEL TO DO IT. MM-HMM . AND, AND C ONE ALSO DOESN'T ALLOW IT, I THINK. IS THAT CORRECT? SO, UM, WE DON'T HAVE A STORAGE CATEGORY, UM, A VERY CLEAR OUTLINE STORAGE CATEGORY IN OUR, UM, ZONING CODE. AND SO IT ALLOWS FOR A, LIKE, USES, UH, STAFF FEELS THAT C TWO IS THE MOST APPROPRIATE. IT'S NEIGHBORING PROPERTY IS ALSO C TWO. UM, AND SO THERE'S NOT, UM, AN ISSUE WITH THE NEIGHBORING AND A BUDDING USES. UM, IT'S A LONG LOWMAN'S FORD, UH, WHICH IS A PRETTY INTENSE ROAD AND WILL CONTINUE TO BE. UM, AND SINCE IT'S ALREADY SITUATED IN C TWO, UM, AND IT MATCHES SOME OF THE USES IN C TWO, UM, THAT'S WHERE WE FEEL IT WOULD BE MOST APPROPRIATE. OKAY. YEAH. COUNCIL PRINCE, I'M, I'M GOOD. THANK YOU. OKAY. MAKING SURE BEFORE I MOVE ON. ALL RIGHT. DO I HAVE ANYONE ELSE THAT WOULD, HAS A DISCUSSION OR QUESTIONS? NO. ALL RIGHT. IF THERE IS NONE, THEN I, UM, WOULD ENTERTAIN A MOTION. COUNCILLOR CHAVARRIA, UH, I WOULD MAKE THE MOTION TO, UH, APPROVE THE, THE MUNICIPAL SERVICE PLAN FOR ANNEXATION, UM, AS READ IN. THANK YOU. I'LL SECOND COUNCILOR PRINCE. THANK YOU. UH, ANY DISCUSSION ON THAT MOTION? IF NOT ALL THOSE PAPERS SAY AYE. AYE. ANY OPPOSED? MOTION CARRIES UNANIMOUSLY. ALL RIGHT. GOODNESS GRACIOUS. UM, I UNDERSTAND THAT. UM, OR RE UH, UH, HOW WAS THE POLL LOOKING ABOUT 8:00 PM 10:00 PM 11:00 PM NO, . 1130 SAID, I SAID 11. AND I'M . I SAID 10 30. ALRIGHT. I'M TRYING TO KNOCK THESE DOWN. I'M JUST WONDERING WHO'S GONNA, ALL, ALL BETTING IS OFF NOW BECAUSE EVERYBODY'S GETTING COMMITTED TO IT. YEAH, . ALRIGHT, WE'RE GONNA GO AHEAD AND, AND GO AHEAD [VIII.4. Discussion and possible referral to the Planning and Zoning Commission to ensure any and all zoning provision are in compliance with HB 2844 Relating to the regulation of food service establishments, including retail food stores and mobile food vendors; requiring an occupational license; imposing fees; authorizing an administrative penalty. ] AND GO. 8.4 DISCUSSION, POSSIBLE REFERRAL TO THE PLANNING AND ZONING COMMISSION TO ENSURE ANY AND ALL ZONING PROVISIONS ARE IN COMPLIANCE WITH HOUSE BILL 28 44. UM, FORGIVE ME, SOME OF THE LETTERS GOT LEFT OUT IN THIS THING RELATING TO THE REGULATION OF FOOD SERVICE ESTABLISHMENTS, INCLUDING RETAIL FOOD STORES AND MOBILE FOOD VENDORS REQUIRING AN OCCUPATIONAL LICENSE, IMPOSING FEES, AUTHORIZING AND ADMINISTRATIVE PENALTY. AND AS I RECALL, I BELIEVE, UM, MAYOR, DID MAYOR BRING THAT ONE FORWARD? YEAH, I BELIEVE SO. THIS IS JUST TO SEND IT TO, TO RECOMMEND IT TO GO TO P AND Z. SO FOR THEM TO REVIEW AND MAKE SURE NONE OF OUR ORDINANCES ARE OUT OF COMPLIANCE AND THAT WE WERE IN THERE, CORRECT? YES. AND IF I MAY, UM, STAFF WAS MADE AWARE OF THIS, UH, WE HAVE FORWARDED IT TO OUR ATTORNEYS TO GET SOME GUIDANCE AS WELL. THERE IS SOME POSSIBLE MISUNDERSTANDINGS OF WHAT THE INTENT IS. UM, AND SO WE'VE ALREADY ASKED FOR CLARIFICATION. WHEN WE GET THAT ANALYSIS, WE'LL, WE'LL PROVIDE NEXT STEPS. AND IF THE CHOICE IS TO TAKE THAT THROUGH P AND Z, MORE THAN HAPPY TO. UM, HOW WE ADDRESS IT THOUGH DEPENDS ON WHAT LEGAL SAYS. OKAY. UM, ALRIGHT. DO I HAVE ANY, UM, OTHER QUESTIONS ON THIS ITEM? I WILL TELL YOU, I'M STILL JUST A LITTLE BIT, UH, CONFUSED. . UM, SO THE STATE OF TEXAS HAS DECIDED TO ADOPT NEW REGULATIONS AS IT APPLIES TO FOOD TRUCKS SPECIFICALLY. UM, AND SO WITH THAT NEW REGULATION, THERE IS SOME, I THINK, MISCONCEPTIONS OF WHETHER OR NOT IT GOES TO THE STATE OR IF WE HAVE AN INTERLOCAL AGREEMENT WITH A SUPERIOR BODY LIKE THE COUNTY, UM, OR THE STATE, WHETHER WE CAN DO IT OR IF WE HAVE TO START SENDING IT TO THE STATE. AND THEN HOW DOES THAT INTERACT WITH OUR ZONING AND WHERE THEY'RE ALLOWED TO BE WITHIN THE CITY? HOW DO WE TRACK HEALTH LICENSING AND STUFF LIKE THAT? CAN WE DO HEALTH INSPECTIONS? CAN WE NOT? IF IT HAS TO GO THROUGH THE STATE? AND SO, UM, IT'S NEW AND IT GOES INTO EFFECT IN JUNE. AND SO, UH, WE HAD ASKED THE ATTORNEY TO GIVE US SOME GUIDANCE ON WHAT WAS ACTUALLY ADOPTED, HOW WE NEED TO INTERPRET IT, AND WHETHER OR NOT IT'S, WE MIGHT NOT NEED TO CHANGE OUR CODE, WE MIGHT NEED TO GET AN AGREEMENT WITH THE COUNTY OR THE STATE OR HOWEVER IT WORKS OUT. AND SO THAT'S WHAT LEGAL'S DOING. OKAY. THANK YOU. ALRIGHT, COUNCILLOR, RIA. UM, JUST, JUST FOR SOME CLARIFICATION, IF WE PUT THIS [03:20:01] OFF TO THE FULL REFERRAL TO P AND Z UNTIL AFTER WE'VE RECEIVED LEGAL BACK, SAY WE GET THIS INFORMATION BACK TO US ON MAY 21ST, P AND Z'S NEXT MEETING IS THE, IS THAT, WHEN IS THAT, THAT'S THE FIRST WEEK OF, UH, FIRST WEEK OF JUNE, IS THAT CORRECT? IT'S ALWAYS THE SECOND WEEK OF SECOND WEEK OF JUNE. UH, SO MAY 14TH IS OUR NEXT AND THEN JUNE 14TH. AND PLEASE DON'T, I WAS GONNA SAY PLEASE DON'T HOLD ME TO THAT DATE, BUT I THINK IT'S JUNE 14TH OR AROUND. OKAY. SO WE WOULD MISS THEIR TIMELINE IF WE HAVEN'T RECEIVED DECISION BACK, BECAUSE WE WOULDN'T, COUNCIL WOULDN'T MEET AGAIN REGARDING THIS. SO WE KIND OF NEED TO MAKE A DECISION IF IT'S GONNA MAKE IT TO P AND Z IN TIME FOR THE JUNE, JUNE 11TH. JUNE 11TH. UM, SO MY ONLY IF IT'S SIMPLY HAVING AN AGREEMENT THAT'S A COUNCIL LEVEL DECISION THAT WE WOULD HAVE TO ENTER INTO A CONTRACT WITH THE STATE OR THE COUNTY, UH, ESD ONE, WHOEVER IT MAY BE. AND SO IT MAY NOT NEED TO GO TO P AND Z AT ALL. MY, MY CURRENT UNDERSTANDING IS THAT THERE'S DIFFERENT REGULATORY BODIES THAT ARE CURRENTLY SERVICING US. SO SOME, SOME OF 'EM ARE GETTING THEIR PERMITS THROUGH. UM, YOU KNOW, AUSTIN, I SAW ONE TRUCK THAT HAD A PERMIT THROUGH LEANDER, AND THEY'RE SITTING OUT ON OUR LOT. UM, WE'VE GOT OTHER, YOU KNOW, JUST DIFFERENT NEIGHBORING COMMUNITIES AND, AND SOME OF 'EM ARE EXPIRED, SOME OF 'EM AREN'T EXPIRED. UM, SO I WAS JUST WONDERING HOW, HOW WE WERE GONNA LIKE BRIDGE THAT GAP AND GET IT ALL COHESIVE . YEAH, SO I'VE, WE, WE'VE STARTED THE REVIEW OF, OF THIS, UM, I CAN, WHAT I, I'M NOT COMPLETELY FINISHED WITH IT YET, BUT TML FOLLOWED THIS VERY CLOSELY THROUGHOUT THE LEGISLATIVE SESSION. UM, UH, DEPARTMENT OF WHAT SAFETY AND HUMAN SERVICES OR DHS, WHATEVER IT IS, UM, IT IT, WHAT THEY HAVE TO DO, THEY'RE IN THE PROCESS AND I DON'T KNOW IF THEY'VE COMPLETED IT YET OF, OF, UH, IMPLEMENTING, UH, ADMINISTRATIVE RULES FOR THAT. SO I NEED, WE NEED TO VERIFY WHETHER OR NOT THOSE ARE, ARE, UM, UH, COMPLETED YET. AND I JUST DON'T, THEY MAY BE, I JUST DON'T KNOW AS I SIT HERE RIGHT NOW, THEY MAY NOT BE. UM, BUT, BUT, SO THE, THE, THE, THE, THE LEGISLATION PRESERVES, UM, ZONING, YOU KNOW, WHERE THEY CAN REGULATE, I MEAN, WHERE THEY CAN LOCATE AND WHEN AND SO FORTH. SO THOSE AREN'T, THOSE AREN'T CHANGED. WHAT IT DOES IS, UM, AND THE, THE, AND, AND I THINK THAT WHAT THE CITIES CAN DO IS THAT THEY CAN, UM, ENTER BASICALLY INTO INTERLOCAL WITH THE STATE AND CONDUCT IT ON BEHALF OF THE STATE AND GET REIMBURSED FOR IT. UM, BUT, BUT TO THE EXTENT THAT OUR FOOD TRUCK, UH, HEALTH AND SAFETY REGULATIONS CONFLICT WITH STATE LAW, THOSE ARE PREEMPTED AND WE CAN'T ENFORCE THOSE ANYMORE AS OF JUNE ONE. MM-HMM. UM, SO I MEAN, THAT'S IN, IN A NUTSHELL, THAT'S WHAT IT DOES. UM, AND, BUT, BUT I'M WORKING ON A MEMO. NOT QUITE FINISHED WITH IT YET, BUT I'LL GET THAT OUT SOON. I, I KNOW THAT THERE WAS SOME CONCERN VIA WITH FOOD SAFETY HANDLING, UH, GUIDELINES AND LICENSING OF INDIVIDUAL OPERATORS AND HAVING EMPLOYEES THAT ACTUALLY DIDN'T HAVE FOOD HANDLER PERMITS. UM, SO I WAS JUST WANTED TO MAKE SURE THAT WE PULL IT ALL INTO ALIGNMENT AND, AND THAT'S ALWAYS THE INTENT. UM, IT'S JUST, I DON'T THINK THERE'S ENOUGH INFORMATION TO TODAY TO, TO FIGURE OUT WHAT THIS LOOKS LIKE JUST YET. UM, IT'S SOMETHING THAT WE'RE TRACKING AND WE'RE TRYING TO FIGURE OUT INTERNALLY AS WELL. UM, AS IT IS TODAY, WE OUTSOURCE JUST ABOUT EVERYTHING THAT COMES WITH THE, UH, FOOD PERMITS. AND SO, UM, MY UNDERSTANDING IS OUR CURRENT HEALTH INSPECTOR HAS SAID, I CAN'T TOUCH IT COME JUNE 1ST. UM, AND THAT'S ONE THING THAT WE'RE TRYING TO FIGURE OUT AND, AND WHERE WE SEND THEM TO AT THAT POINT. AND, UM, WE'RE JUST NOT QUITE THERE YET. MAYOR . YES, GO AHEAD. COUNCIL. MY SUGGESTION BASED ON WHAT I'M HEARING FROM STAFF IS THAT MAYBE WE TABLE THIS TONIGHT, UH, JUST WITH THE STAFF DIRECTION TO DO WHAT YOU'RE ALREADY DOING AND FIGURE OUT WHAT WE NEED TO DO AROUND THIS. 'CAUSE I, I, I, I HATE TO SAY, LET'S PUSH IT ON PLANNING AND ZONING WHEN STAFF IS STILL TRYING TO FIGURE OUT HOW THEY GIVE INSTRUCTIONS TO PLANNING AND ZONING ON WHAT WE WOULD NEED TO DO. RIGHT. SO IT JUST FEELS LIKE IT'S A LITTLE PRELIMINARY. YEAH, I'M NOT, I, I'M NOT SURE WHAT PLANNING AND ZONING WOULD DO SINCE IT PRESERVES ZONING AUTHORITY. UM, I'M NOT SAYING THAT THERE WAS NO, I I JUST, AS I SIT HERE RIGHT NOW, I CAN'T THINK OF WHAT THAT WOULD BE SINCE IT PRESERVES YOUR ZONING AUTHORITY. IT'S, IT'S REALLY JUST THE HEALTH AND SAFETY ASPECT. IT, IT MAINLY, AND YOU EITHER BASICALLY CONTRACT WITH THE STATE OR THEY TAKE IT OVER ENTIRELY. UM, UM, BUT I WILL HAVE A MEMO FINISHED NEXT WEEK, AND I MEAN, IF IT NEEDS TO GO TO P AND Z, WE CAN SEND IT. I MEAN, YOU CAN DIRECT IT. I JUST DON'T KNOW WHAT THEY WOULD DO. I THINK THE ONLY REASON IT WAS ACTUALLY GOING TO PZ TO BEGIN WITH IS BECAUSE WE, WE CURRENTLY HAVE ORDINANCES IN THERE, RIGHT? SO, UM, IN THE ZONING CODE THERE, THE ZONING CODE. OKAY. THAT'S WHY IT GOES TO PZ. SORRY ABOUT [03:25:01] THAT. YEAH. IN THE WRONG CHAT. SURE. OKAY. THERE, THERE MAY NOT BE CHANGES THAT NEED TO BE MADE. AND SO MY CONCERN IS OPENING UP THE POTENTIAL OF CHANGES THAT MAY NOT NEED TO BE MADE IF IT'S AN ADMINISTRATIVE THING, WHO WE SEND IT TO, THAT'S SOMETHING WE HANDLE INTERNALLY. IT DOESN'T REQUIRE ANY KIND OF CODIFICATION TO, TO IMPLEMENT THAT. SO, UM, YEAH, THAT'S, I HAVEN'T COM I HAVEN'T FINISHED. I'VE LOOKED AT THE LAW, THE, THE STATE LAW. I HAVEN'T FINISHED COMPARING YOUR REGS TO STATE LAW TO FIGURE OUT IF ANY OF THAT NEEDS TO CHANGE. AND THAT'S WHAT I'M WORKING ON. AND WE'LL, THAT'LL BE DONE NEXT WEEK. SO I UNDERSTAND IT. I MEAN, UH, THIS REALLY DOESN'T TAKE EFFECT OR THE LAW DOESN'T HOUSE BILL 28 44 UNTIL JULY 1ST. AND SO THE REASON THAT JUNE 1ST JUNE. JUNE 1ST. JUNE 1ST, YES. OKAY, SO THIS WAS WRONG ON HERE. OKAY. SO JUNE 1ST. SO MY UNDERSTANDING WAS THAT, UH, MAYOR SAM WAS BRINGING THIS FORWARD IN ORDER JUST TO GET THIS STARTED DOWN THE ROAD. SO NO, MAYBE JUNE, JULY, I APOLOGIZE. HE HAD JULY 1ST IN HIS, I THINK JULY, I'M SORRY, I THINK IT IS JULY 1ST. I THINK IT WAS SIGNED. I THINK IT WAS, I THINK IT WAS SIGNED IN JUNE OF 25. BUT ANYWAY, SORRY. MY BAD. OKAY. ACTIVE JULY 1ST. JULY 1ST. ALL RIGHT. AND SO YEAH, BRINGING IT FORWARD NOW TO START THE PROCESS AND POTENTIALLY GETS US IN LINE BEFORE IT GETS HERE. RIGHT. OKAY. SO, UM, I'M SORRY. ANY OTHER COMMENTS? WELL, I'LL JUST SAY THAT IN, IN THE STAFF COMMENTS, RIGHT? THE, THE SINGLE SHEET THAT WE HAVE HERE, WHICH PRESUMABLY MR. SM WROTE, THERE'S SOME REAL SPECIFIC THINGS THERE, RIGHT? MM-HMM . AND THERE'S SOME SPECIFIC THINGS FOR CHANGES IN CHAPTER 14. AND I'LL JUST READ A LIST. DEFINE MOBILE FOOD UNIT AS A LAND USE, UH, INCORPORATE INTO THE ZONING USE TABLE, ESTABLISH APPROPRIATE LOCATION BASED STANDARDS. SO AGAIN, I'LL SAY, UH, IT FEELS LIKE WE SHOULD, WE SHOULD TABLE THIS FOR TONIGHT AND, AND, UH, LET STAFF COME BACK WITH, YOU KNOW, RECOMMENDATION ON WHAT TO DO, WHICH MAY MEAN SOME CHANGES TO CHAPTER 14, WHICH MEANS IT HAS TO GO IN FRONT OF PLANNING AND ZONING. UM, WELL, AND IT SOUNDS LIKE TO SOME EXTENT THE CHANGES ARE LEGISLATIVE, IT'S NOT POLICY PER SE, IT'S, WE HAVE TO DO THIS TO BE COMPLIANT. AND SO WE WOULD PROVIDE THAT LIST WITH RED LINES, UM, TO TRY TO BE AS STREAMLINED AS POSSIBLE. UM, NOT TO PUT ANYBODY ON THE SPOT. UM, IF THE OPTION COMES DOWN TO FARMING IT OUT TO THE COUNTY OR THE STATE, OR KEEPING SOME REGULATORY AUTHORITY OVER THE PERMITS, DO WE HAVE A GENERAL GUIDANCE COUNCILOR VENICE? I'D SAY KEEP, KEEP IT IF WE CAN KEEP IT LOCAL IF POSSIBLE, UNLESS WE THINK THAT THE REQUIREMENTS ARE TOO ONEROUS FOR US TO MANAGE. ANYONE ELSE? COUNCILOR RIO? UH, MY RECOMMENDATION WOULD BE TO HAND THIS OVER TO TRAVIS COUNTY, TO BE HONEST WITH YOU. UM, I'VE SEEN WHAT, UH, CITIES HAVE DONE AND, AND, AND FALLEN THROUGH THE CRACKS ON THESE, UH, LEANERS A BIG, UH, TRIED TO TAKE IT OVER. I'VE SEEN WHAT WILLIAMSON COUNTY HAS DONE WITH THEIR BREAKOUTS, UM, AND THINGS FALL THROUGH THE CRACKS. UH, AND, AND I DON'T THINK THAT KEEPING IT IN INTERNAL, UH, DOES US ANY GOOD, BUT THAT'S JUST MY OPINION, CHARLES. AND THEN I WOULD PREFER TRAVIS COUNTY TO HANDLE THE HEALTH INSPECTIONS BECAUSE IT JUST MAKES IT SIMPLER AND CLEANER FOR US. COUNCILOR PRINT? NO WAY. SOMEBODY GETS SICK. IT DOESN'T COME BACK ON THIS. I, I WAS GONNA SAY, I WANT TO DO WHAT STAFF WANTS TO DO, AND I JUST GOT MY ANSWER, . OKAY. THANK YOU. THE ONLY REASON I'M AGREEING WITH THAT IS BECAUSE, I MEAN, THE, THE, THEY ALREADY HAVE TO COME OUT. TRAVIS COUNTY R HAS COME OUT AND DO OUR POOLS ANYWAY, AND I MEAN, THEY'RE ALREADY COMING OVER AND TAKING CARE OF CERTAIN THINGS, SO, UM, I MEAN, I KNOW IT'S A DIFFERENT, YOU KNOW, HEALTH AND SAFETY, UH, FOR FOOD HANDLING, BUT IT'S, UM, THEY HAVE A PRETTY GOOD HANDLE ON IT. MM-HMM . ALRIGHT. ALRIGHT. OH, NEVERMIND MY SUGGESTION. I AGREE WITH COUNCILOR CHAIA , OUR CITY MANAGER. THANK YOU. ALL RIGHT. WELL, WITH THAT, UM, DO WE NEED TO MAKE A MOTION TO TABLE FOR NOW? OR, I, I DON'T KNOW IF WE NEED A MOTION TO TABLE OR WE CAN JUST TAKE NO ACTION. DOESN'T MATTER. RIGHT. OKAY. EVERYBODY READY TO MOVE ON? ALL RIGHT, THANK YOU. ALRIGHT, SO, UM, 8.5 [VIII.5. Consideration and possible action to establish a Citizen Recognition Subcommittee for the purpose of selecting and recognizing a Citizen of the Month, Citizen of the Year, and other community members as appropriate. ] CONSIDERATION AND POSSIBLE ACTION TO ESTABLISH A CITIZEN RECOGNITION SUBCOMMITTEE FOR THE PURPOSE OF SELECTING, RECOGNIZING A CITIZEN OF THE MONTH SINCE OF THE YEAR, AND OTHER COMMUNITY MEMBERS AS APPROPRIATE. UM, FORGIVE ME, I DIDN'T, I BELIEVE THIS WAS, WAS IT COUNCILOR BENEFIELD THAT BROUGHT THIS FORWARD? YES. OKAY. YEAH, I MEAN, YOU READ IT, YOU READ IT JUST PERFECTLY. THE, UH, YOU KNOW, THERE'S SO MUCH GOOD THAT GOES ON IN THE COMMUNITY AND, UM, [03:30:01] YOU KNOW, I WAS TALKING TO ALLISON AT THE CHAMBER OF COMMERCE, AND SO MANY TIMES IN THE PAST, THINGS HAVE BEEN ALWAYS FOCUSED TO THE BUSINESS OWNERS. UM, THE PURPOSE OF THE SUBCOMMITTEE IS TO REALLY CAPTURE ANY AND ALL PEOPLE THAT LIVE WITHIN THE CITY, WHETHER THEY'RE CITIZENS, WHETHER THEY'RE EMPLOYEES, REGARDLESS OF WHO THEY ARE. SO, AND ALSO MAKE IT FUN, YOU KNOW, MAKE IT WHERE, YOU KNOW, CITIZENS ARE HERE ON A REGULAR BASIS, UM, JUST LIKE WHAT HAPPENED TONIGHT. UM, AND JUST FOR THE RECORD, UH, MAYOR PRO TEM, I, I THINK WHAT YOU DID TODAY WAS REALLY CLASSY HAVING THE ENTIRE COUNCIL GO DOWN THERE. I THINK THAT'S APPROPRIATE. AND, UM, YOU KNOW, TO HAVE EVERY SINGLE MONTH A CITIZEN THAT'S RECOGNIZED FOR, UM, NOT JUST BEING ON THE PLANNING AND ZONING COMMISSION, OR NOT JUST, BUT BECAUSE THEY ARE DOING THINGS QUIETLY BEHIND THE, THE BEHIND THE CLOSETS THAT MOST PEOPLE NEVER SEE. BUT STORIES WILL GET TOLD WHERE PEOPLE WILL NOMINATE THESE PEOPLE SAYING, HEY, THIS PERSON HAS BEEN BUYING GROCERIES FOR THEIR NEIGHBOR FOR THE LAST 20 YEARS. AND THAT'S WHAT I WANNA BRING TO THE SURFACE, ARE THESE QUIET STORIES OF AMAZINGNESS TO THE SURFACE THAT WE CAN HONOR THESE PEOPLE ON A MONTHLY BASIS. UM, I MADE THE RECOMMENDATION OF MYSELF AND, UH, MS. CHAVARRIA. UM, I'M TOTALLY, UH, I TOTALLY WOULD ACCEPT ANOTHER COUNCIL MEMBER IF THEY WOULD LIKE TO SERVE ON THE COMMITTEE AS WELL. UM, I ALSO RECOMMENDED ALLISON, SERGEANT FROM THE CHAMBER OF COMMERCE. SHE ALSO SPOKE TO THE CHAMBER, AND THEY ARE, UM, THEY ARE EXCITED ABOUT THIS. UM, I RECOMMENDED, AT LEAST I SAID ONE EMPLOYEE, BUT I WOULD BE OPEN TO MORE EMPLOYEES, UM, YOU KNOW, ON THE SURFACE, AND I CAN MAKE RECOMMENDATIONS LATER, BUT I THOUGHT OF CHIEF JOY. I'D LOVE TO HAVE HIM ON THIS COMMITTEE. UM, YOU KNOW, WITH HIS DEMEANOR AND HIS ABILITY TO KNOW WHAT'S OUT THERE AND HIS CALM DEMEANOR, UM, I THOUGHT ABOUT DAVID FROM PARKS. I THINK HE'S A VERY CAPABLE, TALENTED INDIVIDUAL, AND THEN CAPTURING A FEW CITIZENS THAT WOULD LIKE TO SERVE. UM, SO THAT AS, AS THESE STORIES ARE TOLD, WE CAN MEET AS A COMMITTEE, WE CAN DETERMINE WHO THAT INDIVIDUAL PER MONTH SHOULD BE, AND THEN AS A COUNCIL, WE CAN RECOGNIZE THAT INDIVIDUAL WITH A CERTIFICATE. AND THEN AS IT PROGRESSES AT THE, UH, AT THE, UM, STATE OF THE CITY ADDRESS, THE CITY CAN, UH, ADDRESS ONE INDIVIDUAL FOR WHATEVER THE PURPOSE IS TO BE THE CITIZEN OF THE YEAR. AND I WOULD LOVE TO SEE THIS NOT BE LIMITED TO ONE YEAR. I'D LOVE TO SEE A COMMITTEE LIKE THIS, YOU KNOW, BE IN PLACE INDEFINITELY. AND, AND I'M NOT OPPOSED IF, IF THERE'S RECOMMENDATIONS TO SAY, HEY, I WANT FIVE CITIZENS OR 10 CITIZENS, OR I WANT THIS GROUP TO PARTICIPATE INTO IT, I'M, THERE'S NO AGENDA HERE OTHER THAN I JUST REALLY WANT TO, UM, SEE PEOPLE RECOGNIZE FOR THEIR, UH, POSITIVE EFFORTS. THANK YOU. COUNCILLOR BENFIELD, UH, COUNCILLOR SHARIA. UH, LIKE TO SAY THAT, UM, I, I SECONDED THIS TO BE POST PLACED ON THE AGENDA. UM, THERE WAS SOMETHING SIMILAR AT MY, IN THE NURSING FIELD THAT WE CALL THE SILENT ANGEL AWARD. UM, IT'S BASICALLY WHERE, YOU KNOW, YOU, YOU GET THESE STORIES THAT COME IN FROM, FROM PATIENTS, FAMILIES OR, UH, JUST INDIVIDUALS THAT REALLY HAVE NOTICED THE QUIET WORK BEING DONE, THE HARD WORK BEING DONE, AND THAT NOBODY IS EVER GETTING THE PRAISE FOR IT. AND SOME PEOPLE DON'T WANT THAT. YOU KNOW, SOME PEOPLE JUST WANT TO BE ABLE TO DO THE QUIET WORK AND NOT GET THE RECOGNITION, BUT THERE'S ALSO, YOU KNOW, THE THE TIME AND THE PLACE WHERE YOU DON'T FEEL SEEN WHEN YOU JUST CONTINUE TO DO THE HARD WORK AND JUST FEELS TEDIOUS AND NEVER ENDING. AND, AND I I WILL SAY THAT ONCE WE STARTED IMPLEMENTING THE SILENT ANGEL, UM, AWARD, IT KIND OF CREATED, UH, MOMENTUM WITHIN, UM, WITHIN OUR WORKFORCE WHERE PEOPLE STARTED, UH, KIND OF DOING THE NEXT RIGHT THING, YOU KNOW, THE NEXT BEST THING, UM, WHICH SHOULD HAVE ALWAYS HAPPENED, BUT IT DOESN'T. AND IN COMMUNITIES, UH, WHEN YOU START TO RECOGNIZE ONE PERSON, YOU KIND OF GET THE, UH, TRICKLE EFFECT, I GUESS YOU'D SAY. EVERYBODY WANTS TO BE THE NEXT RIGHT PERSON OR DO THE NEXT RIGHT THING. I MEAN, WE ALL SAW THE PAYING IT FORWARD SITUATIONS THAT GO FORWARD. YOU KNOW, YOU BUY SOMEBODY'S COFFEE IN LINE AND THE NEXT PERSON DOES IT. UM, AND SO I, I REALLY FELT LIKE THIS WAS A REALLY GREAT IDEA. UM, AND I DON'T WANNA THROW A TON OF MORE BUREAUCRACY AND MORE THINGS ONTO THE COUNCIL TO TAKE CARE OF, BUT I THINK HAVING THE SUBCOMMITTEES A A REALLY GOOD, UM, WAY TO RECOGNIZE SOME OF THE COMMITTEE OR THE CITIZENS IN THE COMMUNITY THAT REALLY DO GO ABOVE AND BEYOND. ALL RIGHT. THANK YOU. UM, I'M SORRY, COUNSELOR HALL. WELL, I, UH, I CAN IMAGINE THAT, UH, UH, COMMITTEE WOULD HAVE A VERY HARD TIME. I CAN, I, I THINK JUST, UH, UM, [03:35:01] I'M A MEMBER OF THE LIONS CLUB AND, AND, AND I THINK THERE'S PROBABLY SEVERAL YEARS WORTH OF RECOGNITION MM-HMM . THERE ALONE, ALONG WITH KLVB. AND I MEAN, OUR COMMUNITY, OUR COMMUNITY IS SO BLESSED WITH SO MANY PEOPLE THAT GIVE SELFLESSLY, UH, AND, AND AT THEIR TIMES, I, I DON'T KNOW HOW IN THE WORLD THIS COMMITTEE IS GONNA PICK A PERSON FOR, FOR THE, FOR, YOU KNOW, ONE MONTH, MUCH, MUCH LESS, UH, UH, FOR THE YEAR. UH, ONE THING I, I WOULD RECOMMEND, UH, UH, CHANGE IS THAT, UH, IT BE, UH, SEEN AND PERCEIVED AS A TOTALLY APOLITICAL, UH, PROCESS. AND SO RATHER THAN HAVING CITY COUNCIL MEMBERS ON THERE, UH, INSTEAD HAVE, UH, MORE CITIZEN MEMBERS, UH, UH, ON THERE, AND, UH, I, I THINK ALLISON SERGEANT CHAMBER OF COMMERCE IS, IS, IS, UH, YOU KNOW, YOU KNOW, THAT'S, THAT'S APOLITICAL, THAT'S FINE. UH, BUT, UH, I, I, I THINK AGAIN, IT'S BETTER NOT TO HAVE, UH, CITY COUNCIL MEMBERS, UH, ON THE COMMITTEE AS VOTING MEMBERS. ALL RIGHT. COUNCILOR HAR, UH, COUNCILLOR PRINCE. SO, I HAVE A VERY DIFFERENT PERSPECTIVE ON THIS. UM, AND, AND I'LL, I'LL TELL YOU, MY, MY WIFE AS A TEACHER AND A PERSON WHO HAS STUDIED TEACHING FOR YEARS, UH, A COUPLE OF DECADES AGO, READ A BOOK THAT HAS SOMETHING TO THE EFFECT THAT TITLE IS SOMETHING LIKE DESTROYED BY REWARDS. AND, AND, AND WHAT THAT, WHAT THAT, UH, BOOK DISCUSSES IS THAT WHEN YOU RECOGNIZE ONE PERSON, IT IS ACTUALLY, UH, IN, IN THAT CASE, IN CLASS, YOU KNOW, ONE STUDENT, STUDENT OF THE MONTH OR WHATEVER, IT HAS A NEGATIVE IMPACT ON EVERYONE ELSE IN THE CLASSROOM. AND SO, IN GENERAL, I'M PRETTY SKEPTICAL ABOUT CALLING OUT ONE PERSON WHEN THERE'S IS AL HAS ALREADY BEEN, UH, NOTED, THERE'S HUNDREDS, IF NOT THOUSANDS OF PEOPLE IN THE CITY WHO PROBABLY ARE DOING AS MUCH. UM, SO I, I'M, I'M PHILOSOPHICALLY NOT A FAN OF IT ANYWAY, UH, WITH MR. HALL, I, I WOULD ABSOLUTELY AGREE IF WE DO SET UP A COMMITTEE LIKE THIS, THERE SHOULD BE ZERO, UH, COUNCIL MEMBERS ON IT. I, I WOULD PREFER, YOU KNOW, I DON'T THINK THIS IS CITY COUNCIL'S JOB, TO BE HONEST. UH, AND, AND SO I'D RATHER US NOT DO IT, LET THE CHAMBER OF COMMERCE TAKE THE FEEDBACK AND SAY, BRANCH OUT BEYOND JUST BUSINESSES AND LET THEM RUN IT. UH, BUT IF WE'RE GONNA DO SOMETHING, I ABSOLUTELY WOULD NOT BE IN FAVOR OF HAVING ANY COUNCIL MEMBERS ON IT. ALRIGHT, THANK YOU. ANY OTHER COUNCILOR EZ? YEAH, I AGREE WITH BOTH COUNCILOR HALL AND COUNCILOR PRINCE. I DON'T THINK THIS IS A PURVIEW OF CITY COUNCIL AT ALL. UM, YOU KNOW, WE'VE GOT THINGS WE NEED TO BE FOCUSED ON. I LOVE THE IDEA OF RECOGNIZING PEOPLE, AND I THINK TO MR. PRINCE'S SUGGESTION THAT, UM, UH, COUNCILOR HALL'S SUGGESTION AS WELL, IF, IF AMANDA'S THE RIGHT PERSON, BUT GET SOME OF THE OTHER GROUPS RIGHT, WE'VE GOT LEADERSHIP IN KLBB, WOMEN'S CLUB LINES CLUB, ET CETERA, WHO WOULD BE THE RIGHT PEOPLE TO POTENTIALLY IDENTIFY SOME OF THESE FOLKS THAT ARE DOING THE WORK QUIETLY AND CONTRIBUTING IN A MEANINGFUL WAY. AND I THINK THAT YOU GET A BETTER CROSS SECTION OF NOMINATIONS FOR THIS THING. AND I GUESS MY OWN, JUST FROM THE CORPORATE WORLD, UM, MONTHLY CADENCE, MAYBE THAT'S OKAY. BUT THE PROBLEM IS YOU HAVE A PROLIFERATION OF THESE TYPE OF AWARDS, THEY TEND TO LOSE THEIR SALIENCY. YEAH. THEY BECOME LESS MEANINGFUL OVER TIME. SO IT MAY BE SOMETHING THAT MAYBE IS DONE AT MOST ON A QUARTERLY BASIS, OR MAYBE THESE, THERE'S A SMALLER LEVEL OF AWARD THAT THEN THOSE FOLKS ARE NOMINATED OR CONSIDERED FOR AN ANNUAL AWARD OR SOMETHING LIKE THAT. BUT THAT'S JUST MORE OF A PROCESS THING. BUT JUST NOT TO DILUTE THE MEANINGFULNESS OF IT IF WE END UP DOING SOMETHING LIKE THAT. SO, THANKS ANYMORE, UH, COUNCILOR BENEFIELD. WELL, IT, YOU KNOW, IF THERE'S CONSENSUS TO FORM THIS COMMITTEE, BUT THE CONCERN IS THE, UH, POLITICALNESS OF THE CITY COUNCIL BEING ON IT. THE ONLY REASON I RECOMMENDED THE CITY, AT LEAST THE MEMBER OF CITY COUNCIL ON IT, IS FOR THE LEVEL OF LEADERSHIP. BUT IF IT'S OF INTEREST TO NOT HAVE THEM HAVE A VOTING OR A, LIKE, IF THERE'S NO, UH, THEY'RE JUST A FACILITATOR OF THE MEETING, OR IF THEY'RE JUST A ORGANIZER OF THE MEETING, I WOULD BE TOTALLY OPEN TO THAT. I'M NOT EVEN OPEN TO IT BEING A HUNDRED PERCENT CITIZEN DRIVEN. I'M JUST CONCERNED THAT IT'LL LACK THE FORTITUDE TO CONTINUE ON INDEFINITELY IF, IF SOMEBODY'S ASSIGNED TO IT FROM CITY COUNCIL. UM, I THINK IT WOULD HAVE A BETTER CHANCE OF, UH, SURVIVING LONG TERM. I SUGGEST, UM, FINISH COUNCIL. OH, I'M SORRY. GO AHEAD, COUNCILOR EZ. YEAH, I THINK IF IT'S CITIZEN DRIVEN AND LEADERSHIP DRIVEN, RIGHT? WE HAVE OUR PRESIDENT'S CLUB THAT'S REFORMED OF ALL THE MAJOR ORGANIZATIONS IN THEIR MEETING NOW AND COORDINATING, I'VE HEARD THE MEETINGS HAVE GONE GREAT. SO MAYBE THAT'S A MECHANISM THROUGH WHICH WE COULD SURFACE, UM, POTENTIAL NOMINEES FOR [03:40:01] SUCH AN AWARD. I JUST DON'T THINK IT'S A BUSINESS OF, OF CITY COUNCIL. AND IF WE WANNA AWARD OR, YOU KNOW, RECOGNIZE WE HAVE THE PROCLAMATION PROCESS, THE MAYOR'S PROCLAMATION PROCESS THAT WE CAN FOLLOW IF WE WANNA, YOU KNOW, DO SOMETHING FROM A CITY COUNCIL PERSPECTIVE. SO TO ME, THAT'S OUR PROCESS THAT WE FOLLOW IF WE WANNA DO SOMETHING LIKE THAT. SO, JUST A THOUGHT. ALL RIGHT. COUNCILOR EZ, I'M SORRY, COUNCILOR CHAIR. UH, I, I WOULDN'T BE OPPOSED TO DOING IT QUARTERLY. UM, I, I COULD SEE HOW IT WOULD BE VERY DIFFICULT TO DO, UH, MONTHLY. UM, AND, AND IN, IN REGARDS TO CITY COUNCIL, UH, I, I AGREE WITH, UH, COUNCIL BENFIELD, I, YOU KNOW, IF, IF IT NEEDS TO JUST BE CITIZEN DRIVEN, THAT'S A GOOD IDEA AS WELL. I MEAN, THAT'S REALLY WHAT WE'RE TRYING TO FOCUS ON ANYWAY, IS CITIZEN INVOLVEMENT, UM, AND KIND OF, UH, A NOMINATION OF YOUR PEERS KIND OF SITUATION. UM, BUT THERE HAS BEEN, UH, I WOULD SAY A DOWNWARD TREND OF, UH, EMOTIONS OF HOW CITY COUNCIL'S LOSING TOUCH WITH THEIR, THEIR CONS CONSTITUENT BASE. UM, UH, TODAY I WAS ACTUALLY, UM, RIPPED UP MY CITIZENSHIP APPARENTLY. UH, WELL, LET'S LEAVE THIS TO THE CITIZENS. I'M LIKE, WELL, I THOUGHT I WAS A CITIZEN OF THE BLAH BLAH VISTA TOO. SO, UM, IT WAS, UH, KIND OF DISHEARTENING. UH, SO I CAN UNDERSTAND, YOU KNOW, BOTH ASPECTS OF KEEPING IT SEPARATE. UM, BUT I'LL SAY MAYBE NOT A VOTING MEMBER, BUT MAYBE JUST A, A MEMBER TO HELP KIND OF KICK IT OFF AND THEN CONTINUE IT ON. MAYBE, YOU KNOW, PUT A TIME LIMIT ON THERE, SAY FOR THE FIRST TWO, THREE MEETINGS, HAVE A, HAVE A COUNCIL MEMBER THERE KIND OF WITH LIKE, THE IDEA AND HOW TO GATHER THE INFORMATION. BUT, UM, THIS IS DEFINITELY JUST A DISCUSSION ITEM, I BELIEVE. UM, NOT, I MEAN, ANY CONSIDERATION ANYONE ELSE, I'LL JUST SAY FOR MYSELF, UM, THIS KIND OF AN ITEM TO INCLUDE CITIZENS THAT ARE HERE AT THIS TABLE COULD MOBILIZE THIS WITHOUT IT BEING EVEN OFFICIAL. ACTUALLY, , UM, I AGREE WITH, UH, COUNSELOR PRINCE IN THAT, UM, SHOULD A COMMUNITY, UM, GROUP COME TOGETHER AND, YOU KNOW, GO AHEAD AND PRESENT SOMETHING ON A QUARTERLY BASIS, YOU KNOW, I THINK MORE THAN THAT, IT, THEN IT LOSES ITS EFFICACY. UM, LIKE COUNCILOR VANNESS SAID, UM, OF COURSE, YOU KNOW, UH, APPLYING, UH, ANY, UM, I WOULD LIKE TO SEE LOW IMPACT IN TERMS OF TIME AND STUFF, JUST BECAUSE WE ARE IN THE MIDST OF MAJOR, MAJOR ITEMS. UH, OUR USUAL, UH, BUDGET. WE HAVE OUR, UM, UH, CIP BUT WE'VE ALSO GOT OUR IMPACT FEE, UH, THAT WE'VE GOTTA DO, WHICH MEANS WE'VE GOTTA GO AHEAD AND CLOSE UP OUR, UH, COMPREHENSIVE PLAN. AND SO, UM, THAT, AND I ALSO KNOW THAT, UH, THE HOPE CENTER, THE LIONS CLUB, UH, THE CHAMBER CURRENTLY ALREADY RECOGNIZES CITIZENS. NOW, YOU KNOW, THAT BEING SAID, THERE'S BEEN OTHER AD HOC, UH, COMMITTEES THAT HAVE FORMED IN THE PAST, YOU KNOW, LIKE EVEN INCLUDING A BUSINESS ALLIANCE THAT DIDN'T INCLUDE THE, THE CITY, IS IT THAT, UM, SO MY LAST QUESTION WOULD BE, WOULD IT BE ANY LESS THAN IF IT WAS AN AD HOC COMMITTEE THAT GOT FORMED? UM, AND YES. UH, COUNCILOR CHAVARRIA, YOU ARE OBVIOUSLY A CITIZEN HERE BECAUSE YOU ARE, UH, AT THIS TABLE, BUT, UM, ANYWAY, THIS BE BROUGHT FORWARD AS AN ITEM, YOU KNOW, FOR CONSIDERATION, JUST LIKE WE DO OUR, UM, PROCLAMATIONS AND THINGS LIKE THAT, THAT WE DO. SO THAT, THAT IS MY 2 CENTS. SO WITH THE, THAT, ANY OTHER COMMENTS? OR IF NOT, THEN I'LL ENTERTAIN A MOTION. THIS IS AN ACTION ITEM. WELL, I MEAN, I'M GONNA OBVIOUSLY MAKE A MOTION TO APPROVE THIS, BUT, UH, TO, JUST BEFORE I MAKE THAT MOTION, I MEAN, OBVIOUSLY IT DOESN'T SOUND LIKE THERE'S CONSENSUS HERE, BUT, UM, YOU KNOW, THE POINT OF HAVING A CITY COUNCIL MEMBER IS, YOU KNOW, IF, IF THE GOAL IS TO GET A LOT OF PARTICIPATION FROM KLVB OR THE PRESIDENT'S CLUB, OR FROM THE CHAMBER OF COMMERCE OR ALL THESE DIFFERENT ORGANIZATIONS, UM, I MEAN, JUST TO HAVE ONE RANDOM ORGANIZATION SAYING, HEY, WE'RE GONNA GIVE THIS PERSON AN AWARD, THAT'S JUST REALLY RANDOM, YOU KNOW? BUT IF YOU HAD 10 DIFFERENT ORGANIZATIONS THAT ARE REPRESENTED, AND WE SAID, OKAY, KLBB, SEND US ONE INDIVIDUAL THAT YOU'D LIKE TO REPRESENT TO BE ON THIS COMMITTEE AND CHAMBER, SEND US ONE REPRESENTATIVE, AND YOU HAVE 10 PEOPLE SITTING AROUND A ROOM, EVEN ON A QUARTERLY BASIS [03:45:01] TO MAKE A RECOMMENDATION. I, I REALLY THINK THAT'S A VERY POWERFUL, BEAUTIFUL THING. IT BRINGS COMMUNITY TOGETHER, IT BRINGS THE DIFFERENT, UH, ORGANIZATIONS TOGETHER. IT, UM, AND, AND IF THE CONCERN IS IT BEING POLITICAL AGAIN, I COMPLETELY WOULD SUPPORT A COUNCIL MEMBER NOT HAVING A VOICE, JUST BEING A FACILITATOR AS FAR AS TIME. IT'S MY TIME. IT'S NOT YOUR TIME. AND SO I'M MORE THAN HAPPY TO DEVOTE MY TIME AND, UH, I, I HONESTLY WOULD GIVE UP MY OTHER THINGS THAT I DO TO BE A PART OF THIS. 'CAUSE I THINK IT'S A, A REALLY GREAT THING, AND I WOULD RATHER TALK ABOUT SUNSHINE AND MOOPS THAN, UH, GOLF COURSE IRRIGATION, TO BE QUITE HONEST. SO, UM, I RECOMMEND THAT WE APPROVE ACTION ITEM 8.5. UM, I WOULD, UH, BE MORE THAN HAPPY TO MAKE IT ON A QUARTERLY BASIS, AND I WOULD ACCEPT THE FACT THAT THE, UH, COUNCIL MEMBER WOULD NOT HAVE A VOTE, BUT WOULD FACILITATE INDIVIDUALS TO, UH, UM, FACILITATE MEMBERS TO BE ON THIS COMMITTEE. AND THEN AT THE NEXT CITY COUNCIL MEMBER, UH, AT THE NEXT CITY COUNCIL MEETING, A LIST OF INDIVIDUALS THAT HAVE BEEN ASKED AND WERE WILLING TO PARTICIPATE WOULD BE LISTED ON WHO COULD BE ON IT. ALL RIGHT. I HAVE A MOTION FROM COUNCILOR BENFIELD. DO I HAVE A SECOND? I'LL SECOND. COUNCILLOR RIA, SIR, WE HAVE ANY DISCUSSION ON THAT MOTION? ALL RIGHT. COUNCILOR VENICE. YEAH, I'LL JUST SAY, I THINK, UH, WE HAVE A MECHANISM BUILT IN WITH THE PRESIDENT'S MEETINGS THAT HAVE REINITIATED AND APPARENTLY ARE VERY SUCCESSFUL. SO YOU GOT REPRESENTATIVE FROM EACH OF OUR MAJOR ORGANIZATIONS THERE THAT THIS COULD BE PART OF WHAT THEY'RE DOING, UH, DURING THEIR MEETINGS OR PART OF THEIR PROCESS. SO JUST ONE THOUGHT THERE. OKAY. ALL RIGHT. ANY OTHER COMMENTS ON THAT MOTION? ALRIGHT, COUNSELOR. UM, MY ONLY COMMENT WOULD BE THAT, UM, THE PRESIDENT'S CLUB RECOGNITION DOESN'T HOLD THE SAME WEIGHT AS A CITY OF LAGO VISTA RECOGNITION. WELL, I JUST, UH, I THINK THEY COULD MAKE THE RECOMMENDATIONS, RIGHT, UM, OR NOMINATE, AND THEN IF WE WANNA DO SOME KIND OF PROCLAMATION OR CITY COUNCIL RECOGNITION, THAT COULD HAPPEN. BUT THAT WOULD BE BY CONSENSUS OF THE ENTIRE COUNCIL, UM, NOT INDIVIDUALS INVOLVED. AND I THINK IT WOULD COME FROM THE RIGHT PEOPLE WHO WOULD HAVE REALLY GOOD KNOWLEDGE OF THE FOLKS THAT WE MIGHT, MIGHT BE DESERVING OF RECOGNITION. SO, JUST, JUST A SUGGESTION. OKAY. THERE ANY OTHER COMMENTS, COUNSELOR HALL? WELL, I JUST, UH, WANNA SAY I LIKE THAT IDEA IN THE SENSE THAT IT, UM, YOU KNOW, AGAIN, IT'S, IT'S THE WHOLE CITY COUNCIL VOTING ON THAT, SUPPORTING THAT OR WHATEVER, ACCEPTING, ACCEPTING THAT NOMINATION. SO I THINK THAT'S A, THAT'S A GOOD APPROACH IN, IN MY OPINION, I'LL ACCEPT THAT AMENDMENT. OKAY. AND, UH, COUNSEL? YEAH, AS A SECOND, I'LL, I'LL, I'LL ACCEPT IT AS WELL. OKAY. SO, SO FOR CLARITY THERE, WHAT I HEAR YOU SAYING IS, IS THAT THIS SUBCOMMITTEE WOULD MAKE A RECOMMENDATION, BUT THEN COUNSEL WOULD ESSENTIALLY APPROVE IT. I GUESS MY THOUGHT IS THEY, AS PART OF THE PRESIDENT'S CLUB MEETINGS AND PART OF THEIR, WHAT THEIR, UH, ACTIVITIES ARE IN THEIR MANDATE IS THEY WOULD BE RESPONSIBLE FOR NOMINATING WHO WOULD BE RECOGNIZED, BUT THEN THE RECOGNITION COULD COME FROM COUNCIL ON A ENTIRE COUNCIL BASIS. JUST, I'M TRYING TO JUST, I THINK COUNCIL, THIS SHOULDN'T BE THE DIRECT BUSINESS OF COUNCIL, BUT IF WE THINK COUNCIL RECOGNITION, JUST LIKE WE DO PROCLAMATIONS, WE ALREADY HAVE THAT MECHANISM IN PLACE, BUT WE MIGHT CALL IT SOME KIND OF COUNCIL AWARD OR RECOGNITION, WHATEVER WE WANNA CREATE. JUST, I'M JUST NOT A, I, I LOVE RECOGNIZING AND AWARDING AND STUFF, BUT I'M JUST NOT A FAN OF COUNCIL OR SPECIFIC COUNCIL MEMBERS BEING PART OF THIS. I THINK IT DOES SMACK OF JUST BEING TOO POLITICAL. UM, AND IF WE WANNA DO SOMETHING LIKE THIS, WE HAVE A MECHANISM ALREADY IN PLACE OF OUR LEADERSHIP WITHIN OUR COMMUNITY THAT I THINK WOULD BE BETTER SERVED, WOULD BE BETTER SERVED THAT WAY. I GUESS, I GUESS MY QUESTION IS, IS DO YOU NOT EVERY SINGLE DAY GO GLAND GLAD HAND PEOPLE AND DO THINGS FOR POLITICAL PURPOSES? I MEAN, THE, THE WHOLE POINT OF BEING OUT IN THE COMMITTEE, THE COMMUNITY IS TO BE OUT THERE AND TO BE HEARING THESE TYPES OF STORIES. I MEAN, I DON'T KNOW WHAT YOU THINK IS GONNA HAPPEN IN THIS SUBCOMMITTEE MEETING, BUT IT'S LITERALLY GONNA BE TALKING ABOUT THE GOODWILL OF OTHER PEOPLE. AND I MEAN, I JUST DON'T SEE WHAT NEFARIOUS ACTIONS YOU THINK COULD BE HAPPENING. AND IT'D BE QUITE FRANK, IF THE PRESIDENT'S CLUB WANTED OR COULD DO THIS, THEY WOULD'VE BEEN ALREADY DOING IT. AND SO THIS IS AN ACTION ITEM THAT'S BEING DRIVEN BY AN INDIVIDUAL THAT'S MORE THAN HAPPY TO FACILITATE IT WITHOUT A VOTING, RIGHT. MAKE THE RECOMMENDATION, BRING IT BACK TO COUNCIL FOR APPROVAL. I MEAN, SO FOR, FOR ME TO SAY, HEY, I DON'T WANT YOU TO GO TO A RIBBON CUTTING CEREMONY 'CAUSE I THINK YOU'RE GONNA BE USING IT FOR POLITICAL AGENDAS. THAT'S CRAZY. SO I THINK I, I THINK YOU'RE OFF BASE TO BE QUITE HONEST. AND IF YOU GUYS DON'T WANNA RECOGNIZE PEOPLE, I GET IT. [03:50:01] IT JUST MAKES NO SENSE TO ME. WHY COUNCIL, I, I THINK JUST THE OPPOSITE. I THINK IT'S ABSOLUTELY THE BUSINESS OF CITY COUNCIL TO RECOGNIZE OUR CITIZENS. AND I, I, I THINK IT'S THE MOST IMPORTANT THING THAT WE DO. WE, WE RECOGNIZE OUR BUSINESSES, WE RECOGNIZE OUR, UH, COMMUNITY MEMBERS AND TO, UH, TO GIVE THEM AN EXTRA ATTABOY FOR SOMEBODY WHO REALLY HAS A GREAT STORY. AND, AND I GET IT, THERE, THERE ARE PROCLAMATIONS, WE COULD DO PROCLAMATIONS, BUT THOSE AREN'T CONSISTENT, THOSE AREN'T RELIABLE. UM, AND SO COUNCILOR PRINCE, AND THIS IS REALLY A POINT OF ORDER, SO WE HAVE A MOTION AND A SECOND, AND, AND THE RECENT COMMENTS ARE NOT DISCUSSING THE MOTION, THEY'RE PROPOSING ALTERNATIVES. SO MY, MY SUGGESTION WAS WOULD BE MAYOR PRO TIM, GO AHEAD AND CALL FOR A VOTE AND THEN IF, IF IT DOESN'T PASS, THEN THE ALTERNATIVES COULD BE PROPOSED INSTEAD. ALRIGHT, WITH THAT I'M GONNA SAY, UM, WE HAVE A MOTION AND A SECOND WITH A MODIFICATION, WHICH WAS ACCEPTED BY BOTH COUNCILOR BENEFIELD AND COUNCILOR CHAVARRIA. ALL THOSE IN FAVOR SAY AYE. WELL, OKAY, SO NO, NO. MR. BENFIELD SAID I'LL ACCEPT THAT AS AMENDMENT, BUT I DIDN'T HEAR IT AS AN AMENDMENT REQUEST. I HEARD IT AS AN ALTERNATIVE PROPOSAL THAT WAS NOT A CITY. UH, SO, SO, OH, I UNDERSTAND. SO UNLESS I MISUNDERSTOOD AND MS. VEN IS AGREEING, THERE WAS NO AMENDMENT REQUEST. SO THE ORIGINAL MOTION IS WHAT'S ON THE TABLE UNLESS YOU CHOOSE TO CHANGE YOUR MOTION. OKAY. SO THE ORIGINAL MOTION, THANK YOU. COUNCILLOR BENFIELD AND COUNCILLOR CHAVARRIA. SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. A ALL OPPOSED A NAY, RIGHT? THAT MOTION FAILS. DO WE WANNA DO ANOTHER MAYOR? I WOULD, UH, MOVE THAT WE TABLE THIS PROPOSAL, BUT NOTE THAT WE HAVE MADE SUGGESTIONS FOR HOW THE WOMEN'S CLUB MIGHT DO SOME THINGS THAT WOULD BE BENEFICIAL AND THEY COULD BRING THAT INTO AND INTO CITY COUNCIL JUST AS WE GIVE STAFF DIRECTIONS. I WOULD, I WOULD, I WOULD SUGGEST THAT WE ASK MR. WEST TO ENSURE THAT HE OR SOMEONE FROM STAFF COMMUNICATE THAT TO THE PRESIDENT'S COUNCIL AND LET THEM TAKE ACTION AS THEY DEEM APPROPRIATE, BUT THAT WE NOT FORM A NEW COMMITTEE. ALL RIGHT. THERE'S A MOTION, UH, BY COUNCILOR PRINCE. DO I HAVE A SECOND? I'LL SECOND. COUNCILOR HALL. ALL RIGHT. ALL THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED? AYE. OKAY, THANK YOU. AND THE MOTION PASSES. SORRY, MEGAN. OKAY. OKAY, SO WE'RE GONNA GO AHEAD AND MOVE ON TO 8.6. [VIII.6. Consideration and possible action to approve Ordinance No. 26-05-07-01; adopting the 2024 International Property Maintenance Code. ] CONSIDERATION AND POSSIBLE ACTION TO APPROVE ORDINANCE NUMBER 26 0 5 0 7 0 1, ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE. MAYOR COUNSEL, I BROUGHT THIS UP, UM, FEW MEETINGS BACK. UM, THIS WOULD BE A WAY TO CLARIFY, GIVE OUR CODE ENFORCEMENT OFFICERS GOOD, CLEAR DIRECTION. BSC DID, UH, HEAR THIS ITEM LAST NIGHT AND THEY PASSED IT UNANIMOUSLY. THANK YOU MR. WEST. RIGHT. DO WE HAVE ANY DISCUSSION OR QUESTIONS? ALL RIGHT. IF THAT'S THE CASE, THEN I'LL ENTERTAIN A MOTION. MAKE THE MOTION, UH, TO APPROVE ORDINANCE NUMBER 26 DASH OH 5 0 7 0 1, ADOPTING THE 2024 INTERNATIONAL PROPERTY MAINTENANCE CODE. THANK YOU. COUNCILLOR. RIA? DO I HAVE A SECOND? I'LL SECOND. OH, SORRY. THANK YOU. YOU GOT IT. COUNCILLOR EZ. SO I HAVE A MOTION AND A SECOND. DO WE HAVE ANY DISCUSSION ON THAT MOTION? MOTION? IF NOT, ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ANY OPPOSE? THAT PASSES UNANIMOUSLY. ALL RIGHT. THANK YOU GUYS. ALL RIGHT. SO NOW WE'RE GONNA GO ON TO, UH, YEAH, NUMBER, UH, [VIII.7. Consideration and possible action on Ordinance No. 26-05-07-02 Of The City Of Lago Vista, Texas, Amending Chapter 3 Of The Code Of Ordinances, Including Article 3.100, Section 3.106 (“Building And Fire Codes”) And Section 3.110 (“Permits And Approvals”); Adopting The 2021 International Pool Code; Establishing Amended Permit Expiration, Extension, And Renewal Procedures And Related Fees; Providing Findings Of Fact; Providing A Savings Clause; Providing A Severability Clause; Providing A Repealer Clause; Providing An Effective Date; Providing A Projects In Transition Clause; Providing For Codification And Publication; And Providing An Open Meetings Clause.] 8.7. SO I'LL READ THAT IN CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE NUMBER 26 DASH ZERO FIVE DASH ZERO SEVEN DASH ZERO TWO OF THE CITY OF LAGO VISTA, TEXAS. AMENDING CHAPTER THREE OF THE CODE OF ORDINANCES INCLUDE [03:55:01] ARTICLE 3.100, SECTION ON 3.106, BUILDING IN FIRE CODES AND SECTION ON 3.110 PERMITS AND APPROVALS ADOPTING THE 2021 INTERNATIONAL POOL CODE. DO I HAVE THAT CORRECT? INTERNET. OKAY. ESTABLISHING AMENDED PERMIT, EXPIRATION EXTENSION AND RENEWAL PROCEDURES AND RELATED FEES, PROVIDING FINDINGS OF FACT, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A RE PILLAR CLAUSE, PROVIDING AN EFFECTIVE DATE, PROVIDING A PROJECTS AND TRANSITION CLAUSE, PROVIDING FOR CODIFICATION AND PUBLICATION AND PROVIDING AN OPEN MEETINGS CLAUSE. THANK YOU. AND STAFF MAYOR PROTI AND COUNCIL. SO THE BSC HAS BEEN WORKING ON THIS ITEM FOR A WHILE. THE INTENT WAS TO CLEAN UP, UM, CHAPTER THREE, SPECIFICALLY WITH THE PERMIT EXTENSIONS AND EXPIRATIONS AND TIMELINES. UM, WITH THAT BEING SAID, IT WAS REQUESTED, UH, AT THE LAST MEETING THAT WE ALSO LOOK AT THE FEE BECAUSE IT'S IN THE EXACT SAME SECTION WHERE IT REFERENCES BACK TO THE ORIGINAL PERMIT FEE. BOTH OF THOSE CHANGES ARE INCLUDED. UM, I WILL, SAME THING AS THE, UM, INTERNATIONAL PROPERTY MAINTENANCE CODE BSC READ THIS IN LAST NIGHT. IT WAS UNANIMOUS APPROVAL AS WELL. UM, THE ONLY CAVEAT I'LL SAY IS AT THE BSC MEETING, THERE WAS DISCUSSION ABOUT THE CODES WE NEED TO ADOPT THAT WE NEED TO COME INTO COMPLIANCE WITH AND, AND LOOK AT ADOPTING. AND THE BSC FULLY INTENDS TO VET THOSE NEXT MONTH. UM, THE POOL CODE IS ONE OF THEM. THERE'S ALSO TALK OF, UM, WILDFIRE MANAGEMENT CODE, THINGS OF THAT NATURE. AND SO I WOULD LIKE TO COLLECTIVELY ADOPT THEM AS A WHOLE. UH, THERE'S A BIGGER REWRITE THAT COMES IN WITH THAT BECAUSE OF THE WAY THE CODES ARE STRUCTURED, UM, AND LOCAL AMENDMENTS AND STUFF LIKE THAT. AND SO, UM, STAFF'S REQUEST IF APPROVED, UM, IS TO STRIKE THE INTERNATIONAL POOL CODE SECTION SO THAT WE CAN FIGURE IT OUT IN A CLEANER DRAFT AT A LATER DATE. ALRIGHT. DO WE HAVE ANY QUESTIONS? I, MS. MR. WRIST, I DO HAVE SOME CONCERNS OVER THE FEE STRUCTURE THAT'S BEEN PROPOSED IS THAT EACH TIME THE PERMIT EXPIRES, THE FEE DOUBLES OR GOES UP. I DON'T REMEMBER EXACTLY 'CAUSE I DON'T HAVE IT IN FRONT OF ME. AND STATE LAWS PROHIBITS US FROM USING PERMIT FEES AS A METHOD TO GENERATE REVENUE. SO I THINK THE FEE SHOULD JUST BE A SET FEE THAT IT'S THIS AMOUNT EACH TIME IT EXPIRES AND HAS TO BE RENEWED BECAUSE THERE'S NO EXTRA WORK ON STAFF BEFORE IF THEY HAD TO COME BEFORE COUNCIL AND STUFF. YEAH, WE HAVE, WE HAVE WORK THAT HAS TO BE DONE TO DO THAT, BUT WITH, THERE ARE NO WORK ACTUALLY NEEDING TO BE DONE AND ALL. I DON'T THINK I COULD, I DON'T THINK THE CITY COULD LEGALLY FACE A CHALLENGE IF SOMEBODY CHALLENGED OUR FEE STRUCTURE ON THAT, BUT I'LL LEAVE THAT UP TO OUR ATTORNEY TO INTERPRET. I THINK MR. WEST HAS STATED THE, THE LAW CORRECTLY, YOU CAN'T USE ANY ADMINISTRATIVE FEE AS A REVENUE GENERATOR. IT HAS TO BE APPROXIMATELY WHAT YOUR COST IS. UM, IF YOU'RE GOING TO INCREASE A FEE FOR A A REAPPLICATION, THERE'S GOTTA BE JUSTIFICATION. YOU, YOU HAVE TO DEMONSTRATE SOMEHOW INCREASE COSTS. AND SO WHATEVER THAT MULTIPLIER IS, UM, IT'S GOTTA BE RELATED TO YOUR INCREASED COSTS. IF IT'S NOT, THEN IT COULD BE CHALLENGED AND IT'S SUBJECT TO BEING OVERTURNED. AND IF I MAY, THE FIRST EXTENSION FEE THAT, THAT FIRST RATE AT THE TOP, THAT IS THE COST OF SERVICE. THAT IS THE COST THAT IT TAKES US ADMINISTRATIVELY TO HANDLE THESE PERMIT EXTENSIONS. THERE WAS A REQUEST FOR AN ESCALATOR CLAUSE. MM-HMM . IN LINE WITH THE INTENT OF THE PERMIT FROM THE BSC, WHETHER OR NOT THAT'S THE REC, THE DIRECTION THAT IS CHOSEN TO GO WITH THAT FIRST EXTENSION FEE IS OUR TRUE COST OF SERVICE BASED OFF OF HOW MANY HOURS IT TAKES MY STAFF TO HANDLE THESE. OKAY. YEAH. UH, I'M SORRY. OH, I'VE GOT SEVERAL HERE. UH, COUNCILOR CHAVARRIA. SO THIS IS SOMETHING I HAD EXPRESSED CONCERN ABOUT TOO, BUT I THOUGHT THAT THERE WAS A CAVEAT THAT WE COULD USE A, A PUNITIVE, IT'S KIND OF A PUNITIVE THING TO EXPEDITE OR FACILITATE, YOU KNOW, THE COMPLETION OF A PROJECT. AND I DIDN'T KNOW HOW LEGALLY DEFENSIBLE THAT ACTUALLY WAS. I KNOW IT'S SOMETHING WITH THE BSC WAS REALLY ADAMANT. WE LOOK AT, UM, IT'S, IT WAS VERY CONCERNING. THEY SAID, YOU KNOW, WELL, MAYBE THEY'LL, IF YOU, THEY KNOW THAT THEY CAN KEEP GOING SIX MONTHS INTO PERPETUITY, YOU KNOW, THEY'RE GONNA CONTINUE TO DO IT. UM, SO I, I DON'T REALLY KNOW WHAT THE RIGHT ANSWER IS ON THAT, BUT I KNOW THAT THAT WAS THE CONCERN WAS KIND OF A PUNITIVE THING. UM, AS IT ESCALATES FOR THAT, UH, UM, ESCALATION CLAUSE, AS YOU HAD PREVIOUSLY DISCUSSED, YOU, YOU CAN'T USE YOUR, YOUR ADMINISTRATIVE FEES AS A PUNITIVE IN A PUNITIVE FASHION. UM, IF YOU WANNA [04:00:01] PUT TIME LIMITS, EXPIRATION DATES, SO FORTH, THAT'S THE MECHANISM THAT YOU USE. SO THAT THEY HAVE TO, THEY'VE GOT X AMOUNT OF TIME TO DO IT, AND THEN THEY HAVE TO COME AND REAPPLY. BUT THE, BUT EXTENSIONS AND, AND USING INCREASED COST FOR EXTENSIONS AS A PUNITIVE MEASURE, UM, WILL PROBABLY NOT SURVIVE JUDICIAL SCRUTINY. ALL RIGHT. THANK YOU. UM, COUNCILOR , IF YOU'RE DONE AT COUNCILOR BENFIELD, AND THEN I WILL COME TO COUNCILLOR VEN. SO WHEN YOU'RE, WHEN, YOU KNOW, SEEING THESE APPLICATIONS COME IN, MY GUESS IS SOME OF THEM COME IN AND OUT, THEY PASS ALL THEIR INSPECTIONS. IT'S JUST KIND OF A BEAUTIFUL PROCESS. UM, WOULD THERE BE ANY TRUTH IN SAYING THAT THE PERMITS THAT ARE GOING INTO THE THIRD AND FOURTH EXTENSIONS TYPICALLY REQUIRE MORE OF YOUR TIME? ABSOLUTELY. TO AN EXTENT. THE PROBLEM IS, UH, QUANTIFYING IT. UM, EVERY PROJECT IS A LITTLE DIFFERENT. UM, EVERY, I MEAN, YOU'VE, WE'VE HAD SOME ON THREE AGENDAS, AND SO HOW DO WE ACCOUNT FOR THE STAFF TIME THAT IT TAKES TO, TO TRACK THESE ACROSS MULTIPLE COUNCIL MEETINGS IN THE TIME THAT GOES INTO THAT? UM, I WOULD LOVE FOR ALL OF THESE TO BE BEAUTIFUL, SEAMLESS PROCESSES. THAT'S THE ASSUMPTION IN THAT FIRST RATE. UM, THEY'RE NOT ALWAYS, AND SO IS IT POTENTIALLY THERE'S A WAY THAT WE CAN ACCOUNT FOR ADMINISTRATIVE TIME? UM, I DON'T KNOW. THAT'S, SO I GUESS MY QUESTION IS, IS IF YOU WERE TO LOOK AT SOMEBODY WHO WAS ON THIS, WE'LL JUST TAKE THE APPLICATION FROM TODAY MM-HMM . UM, THE ONE ON ROBIN, AND, YOU KNOW, THE THIRD EXTENSION OF 1750, HE'S HAD NEARLY 40 FAILED INSPECTIONS. OKAY. WHICH MEANS AN INSPECTOR HAS BEEN TO HIS HOUSE OVER 40 TIMES. 20 OF NINE OF THOSE HAVE BEEN PROBLEMATIC. WE'VE TALKED ABOUT IT IN CITY COUNCIL MEETING MULTIPLE TIMES. I'M SURE YOU'VE HAD MULTIPLE PRIVATE DISCUSSIONS. IF YOU WERE TO ASK, COULD YOU JUSTIFY THE $2,200 THAT HE'S GONNA PAY IN PERMIT FEES, WHICH IS $500 MORE THAN WHAT WOULD BE PERHAPS NORMAL, DO YOU THINK YOU COULD COME UP WITH $500 OF LEGITIMATE EXPENSES THAT THE CITY HAS INCURRED FOR THAT PARTICULAR SITUATION? SO WHEN WE DID OUR FEE ANALYSIS, WHAT WE ACTUALLY DID WAS TOOK SALARIES, UM, OF ANYBODY INVOLVED IN THE DEVELOPMENT PROCESS IN ANY WAY, SHAPE OR FORM, TOOK THEIR SALARIES, UM, BENEFITS, THEIR, UM, EQUIPMENT THAT THEY NEEDED TO DO THOSE THINGS. AND WE GOT A GENERAL PER HOUR RATE ACROSS EVERYBODY FROM ADMINS TO DEPARTMENT HEADS. UM, AND SO I KNOW WHAT THAT COSTS. AND I CAN TELL YOU ONE HOUR OF THAT TIME COSTS THE CITY $84. AND SO EVERY SINGLE TIME THAT WE SPEND AN HOUR ON SOMETHING, IT COSTS TAXPAYERS ABOUT $84. AND SO, YES, THERE IS A METRIC TO WHICH WE CAN SAY, WE'VE SPENT 20 HOURS ON THIS AND NOW WE'RE BROACHING INTO THAT, YOU KNOW, HIGHER AND HIGHER FEE RANGE, BUT DO WE TRACK IT PER HOUR AND THEN WE BILL PER HOUR, OR DO WE SET A FLAT RATE OR IS THERE AFTER THE THIRD SOMETHING OR OTHER THERE'S AN ADDITIONAL FEE. UM, TYPICALLY I'VE SEEN AFTER LIKE THIRD ROUND PLAN REVIEWS, WE CHARGE AN ADDITIONAL FEE BECAUSE YOU'RE NOT GETTING PAID AGAIN WHEN YOUR REVIEWS ARE A FLAT RATE FEE. AND SO IT, IT KEEPS UP WITH THAT DEMAND AND THAT COST OF SERVICE. BUT WHAT THAT LOOKS LIKE IS ULTIMATELY UP TO YOU AS A COUNCIL. YEAH. I GUESS THE ONLY POINT THAT I WAS GETTING AT IS, I UNDERSTAND YOU DON'T KEEP TRACK OF IT ON AN HOURLY BASIS. YEAH. AND SOME CITIES MAY HAVE AN ACCELERATOR AFTER SO MANY REVIEWS OR SO MANY INSPECTIONS MM-HMM . BUT I THINK IT WOULD BE FAIRLY EASY FOR YOU TO JUSTIFY IF SOMEBODY'S ASKING FOR A THIRD OR FOURTH EXTENSION FOR YOU TO, YOU KNOW, IF SOMEBODY DID CHALLENGE IT AND SAY, HEY, HOW COULD YOU JUSTIFY SPENDING CHARGING ME $500 MORE? I JUST DON'T THINK THAT WOULD BE A DIFFICULT THING FOR YOU TO QUANTIFY ON AN INDIVIDUAL BASIS. IT WOULD JUST BE A MATTER OF KEEPING TRACK. I MEAN, WE, WE KNOW IN THEORY WHAT OUR HOURLY COST IS AS A DEPARTMENT. SO, ALRIGHT. UM, I'M, UH, MR. WEST, GO AHEAD. BUT THEN I WOULD LIKE TO GO TO COUNSELOR VEN, GO AHEAD JORDAN. FORGIVE ME. I PROBABLY SHOULD KNOW THIS. DO WE CHARGE A REINSPECTION FEE? UM, YES. SO THEY GET, UH, AT THE END OF THEIR PROJECT, ALL OF THE REINSPECTION FEES ARE, UM, CALCULATED AND BILLED BACK BEFORE THEY CAN OBTAIN A CO THE WORK OF THE PERMIT EXTENSION GOES INTO VERIFYING WHEN IT, WHERE IT IS IN THE PROCESS, MAKING SURE THAT NOTHING IS BEHIND. WE HAVE TO VERIFY ALL OF THEIR CONTRACTORS ARE STILL VALID AND ACTIVE IN THE SYSTEM BECAUSE WE'VE HAD SOME WHERE IT EXPIRES AND THEN, UM, THE CONTRACTOR IS NO LONGER ACTIVE. UM, AND SO IT'S, IT'S LITTLE THINGS LIKE THAT WE HAVE TO SEND AN INSPECTOR OUT ON SITE TO MAKE SURE THAT EVERYTHING IS STILL WHAT IT WAS IN THE PLAN SET. AND IT, IT, THERE IS TIME THAT GOES INTO THAT, BUT IT'S NOT, UM, IT'S NOT THE FAILED INSPECTIONS DURING THE BUILDING PROCESS. IT'S WHAT HAPPENS WHEN THEY TRIGGER AN EXPIRATION. OKAY. COUNCILOR MENEZ. YES. SO, UM, YEAH, COUNCILOR CHAVARRIA [04:05:01] HAD BROUGHT UP THE CONCERN I HAD ABOUT, WE HAVE THESE RE REALLY EGREGIOUS CASES LIKE THE ONE WE'VE BEEN TALKING ABOUT. AND TO COUNCILOR BENEFIELD'S POINT, UM, IT SOUNDS LIKE AN ESCALATING FEE STRUCTURE IS JUSTIFIABLE JUST BASED ON THE INCREASED TIME NOW THAT YOU'VE GOT YOUR AVERAGE COST, RIGHT? FULLY LOADED COST. I DON'T KNOW THAT YOU GUYS WANTED TO CALCULATE HOURS SPENT. I DON'T KNOW HOW FEASIBLE THAT IS FOR ESPECIALLY, YOU KNOW, VERSUS THE SET FEE STRUCTURE. BUT I GUESS A QUESTION FOR BRAD, IF IT'S DEFENSIBLE BASED ON WHAT JORDAN AND HER STAFF HAVE BEEN ABLE TO QUANTIFY STAFF TIME, YOU KNOW, RELATIVE TO FULLY LOADED COST, THEN IS THIS ESCALATING FEE STRUCTURE. OKAY. BECAUSE WE DON'T WANNA CALL IT PUNITIVE AS COUNCILOR CHAVARRIA SAID, BUT WE DO WANNA HAVE SOME KIND OF A, YOU KNOW, IMPETUS FOR GETTING PEOPLE TO PAY ATTENTION AND GET, GET THEIR PROJECT DONE. IT, IT'S, IT'S JUSTIFIABLE IF IT'S RELATED TO THE ACTUAL COST MM-HMM . AND I DON'T, YOU KNOW, I MEAN, I CAN'T TELL YOU WHAT I MEAN, THAT'S JUST THE RULE. MM-HMM . UM, SO I CAN'T TELL YOU ON A CA YOU KNOW, ON A HYPOTHETICAL WHETHER OR NOT IT IT IS OR ISN'T A SPECIFIC CASE. WHAT I WOULD STRUGGLE WITH A LITTLE BIT IS, IS UNDERSTANDING WHY IF AN INITIAL APPLICATION WHERE YOU WOULD THINK MOST OF THE WORK NEEDS TO BE DONE COST X AND A SUBSEQUENT ONE WHERE YOU'VE GOT A BASELINE WOULD COST X PLUS, WHAT IS THE BASIS FOR THAT? NOT. SO YOU HAVE TO JUSTIFY NOT ONLY THE ORIGINAL AMOUNT OF WORK THAT YOU'RE REDOING, BUT PLUS ADDITIONAL WORK. AND I DON'T KNOW IF WE CAN, I MEAN, MAYBE WE CAN, BUT THAT'S WHAT YOU HAVE TO THINK ABOUT IF YOU'RE GOING TO MAKE, UM, A, A REAPPLICATION OR AN EXTENSION OR WHATEVER MORE THAN THE ORIGINAL PERMIT, BECAUSE YOU WOULD ASSUME THAT THE ORIGINAL WOULD REQUIRE THE MOST OF THE BASELINE WORK. MM-HMM . I'M GETTING MM-HMM . BUT JORDAN'S THE ONE WHO HANDLES THAT, YOU KNOW, ON A DAY-TO-DAY BASIS. ALL I CAN TELL YOU IS THAT THE, THE GENERAL RULE IS THAT YOU SAID IT, WHATEVER YOU WANNA SAY IT AT, BUT IF IT'S NOT RELATED TO THE ACTUAL COST, THEN IT'S DIFFICULT TO JUSTIFY. YEAH. SO MY ONLY, UM, CONCERN WOULD BE THAT EVERY PROJECT IS DIFFERENT. AND SO SOME ARE GONNA TAKE, LIKE THE ONE WE HAD ON THE AGENDA TODAY. I MEAN, I DON'T KNOW HOW MANY TIMES STAFF HAS RUN IN CIRCLES TRYING TO GET ME INFORMATION BECAUSE IT'S A PERMIT THAT STARTED BEFORE I GOT HERE. UM, AND IT'S NOT THE RULE, IT'S THE EXCEPTION, BUT THEY'RE, THE AMOUNT OF TIME THEY'VE TAKEN IS NOT THE AMOUNT OF TIME THAT MOST TAKE. AND SO HOW DO WE FIND THAT BALANCE? IS IT A SEPARATE FEE THAT JUST SAYS AFTER WE'VE, YOU KNOW, HIT A CERTAIN AMOUNT OF STAFF TIME, THERE'S AN ADMINISTRATIVE COST THAT COMES INTO HANDLING STUFF OR I, I DON'T KNOW WHAT THAT LOOKS LIKE. IT WOULD BE AT Y'ALL'S DISCRETION, BUT THE COST TO HANDLE A TYPICAL RUN OF THE MILL, NOTHING CRAZY. PERMIT EXTENSION IS THAT FIRST LINE THAT WE HAVE ON THE, UH, PROPOSED FEE SCHEDULE. WELL, SO I GUESS, I GUESS I'D DEFER IT TO YOU, WHAT'S OPERATIONALLY THE MOST EFFICIENT WAY TO MANAGE IT IF YOU'RE TRACKING HOURS AND ABLE TO QUANTIFY ON EACH CASE BY CASE BASIS, BUT ON THE OTHER HAND, IS THAT GOOD SERVICE TO OUR CONSTITUENTS, TO THE BUILDERS HOMEOWNERS, BECAUSE THEN THEY WON'T KNOW EXACTLY WHAT THE FEE'S GONNA BE AT EACH STAGE. SO YOU NEED TO HAVE SOME CLARITY ON THAT TOO. SO WE NEED TO BALANCE THAT OUT. AND I, I THINK, UH, UNTIL OVERALL OUR FEE SCHEDULE GETS CLEANED UP, UM, BECAUSE GENERALLY SPEAKING, IT'S ALL OVER THE PLACE. WE FARM A LOT OF STUFF OUT TO THIRD PARTIES AND THEN JUST HIT BUILDERS AND DEVELOPERS WITH A BILL AT THE END AND SAY, SORRY, YOU KNOW, IT'S $40,000 TODAY AND YOU DIDN'T KNOW ABOUT IT. MM-HMM . UM, I THINK IT'S GETTING THE FEE SCHEDULE CLEANED UP, SEEING HOW WE OPERATE, UM, OFFSETTING THOSE COSTS AND TRYING TO MOVE OUT THE THIRD PARTY REVIEWERS AND THEN WE CAN GO FROM THERE. MM-HMM . UM, THERE'S A LOT OF CLEANUP THAT HAS TO HAPPEN, AS I'M SURE, UM, YOU GUYS ARE WELL AWARE. AND I THINK THIS IS ONE OF THOSE THINGS I DON'T, FROM WHAT I'VE SEEN OF OUR FINANCES AND, UM, THE WAY THAT WE DO BUSINESS, AND I'VE ONLY BEEN HERE FOR SEVEN MONTHS NOW, AND SO, YOU KNOW, STILL A LITTLE FRESH, UM, WE'RE NOT RECOVERING ENOUGH OF OUR COST. UM, AND THE OFFSET FROM THE GENERAL FUND TAXPAYERS SHOULD NEVER FUND DEVELOPMENT SERVICES THAT IT, IT SHOULDN'T OPERATE THAT WAY. AND SO I THINK FIRST WE CLEAN UP THE FEE SCHEDULE AND THEN WE MAYBE GET SIX MONTHS TO A YEAR UNDER OUR BELT SEEING WHAT THIS LOOKS LIKE, AND THEN WE CAN FIGURE OUT WHERE WE CAN IMPROVE IN OTHER AREAS. OKAY. WELL, SOUNDS LIKE A GOOD PLAN. THANK YOU. ALRIGHT, THANK YOU. I WAS GONNA ASK ABOUT THE FEE SCHEDULE. I THINK WE HAD SEEN THAT SOMETIME BACK. YES. SO WE HAD TALKED ABOUT IT ON THE DAIS. UM, IT WAS PRESENTED IN THE PACKET. THERE WAS A REQUEST FOR SOME OTHER DEPARTMENTS TO PUT THEIR FEES IN, UH, NOT MY PLACE TO, TO HANDLE THAT. AND SO, UH, MR. PRINCE HAD ASKED THAT WE SEND THE ACTUAL AMOUNT OF STAFF HOURS AND THE COST OF SERVICE, UM, OUT. WE HAVE DONE THAT. IT'S WITH, UH, MR. WEST TO DO ANOTHER THOROUGH LOOK AT IT. UM, AS FAR AS OTHER DEPARTMENTS, AGAIN, IT'S NOT MY PLACE TO, TO SET GOLF FEES OR ANYTHING LIKE THAT, THAT WOULD BE UP TO THEM. BUT WHAT IT DOES DO IS REORGANIZE OUR FEE SCHEDULE [04:10:01] INTO ONE PLACE. UM, ESPECIALLY LIKE THIS EXTENSION THING, IT WAS A CAVEAT IN THE CODE. UM, SOME MEMBERS OF THE BSC DIDN'T REALIZE IT WAS IN THE SAME SECTION AS PERMIT EXTENSIONS. THEY THOUGHT IT WAS IN THE FEE SCHEDULE, AND IT IS, BUT IT'S NOT BECAUSE IT WAS REFERENCED IN THREE. AND SO, UH, WE ADOPT THE CONDENSED VERSION THAT HAS EVERYTHING IN IT, AND THEN, YOU KNOW, WE GO FROM THERE AND, AND TRY TO FIGURE EVERYTHING OUT. OKAY. MS. COUNSEL, UH, JUST A, A QUESTION ON, ON, UH, WHAT YOU WERE DESCRIBING MM-HMM . SO THE, UH, BASE FEE IS, IS BASED ON IF EVERYTHING GOES SMOOTHLY MM-HMM . UH, AND THEN YOU MADE THE COMMENT ABOUT US IN GENERAL NOT RECOVER, RECOVERING OR COST MM-HMM . AND SO I'M WONDERING IF THE BASE FEE SHOULD BE HIGHER BASED ON NOT A SMOOTH PROCESS, BUT KIND OF THE AVERAGE. YOU'VE GOT SOME, SOME THAT ARE SMOOTH AND SOME THAT, UH, MANY THAT ARE NOT. AND SO, UH, SO I GUESS THAT, THAT, THAT IS MY QUESTION. WE CAN CERTAINLY FIND AN AVERAGE, BUT I THINK THAT YOU'LL FIND THE, UM, AGAIN, THE EXCEPTIONS TO THE RULE ARE NOT AS COMMON AS THE GENERAL RULE ITSELF. AND SO IT MAY BE SWAYED CLOSER TO THE, THE STANDARD THAT WE'VE PROPOSED AND NOT SO MUCH ON THE HIGH END. THESE ARE KIND OF ONE OFF THINGS. I MEAN, THERE'S BEEN A LOT RECENTLY, DON'T GET ME WRONG, BUT THESE ARE NOT TYPICAL, UM, ISSUES. AND PART OF FIXING OUR PERMIT EXTENSION PROCESS IS FIXING SOME OF THESE ISSUES BECAUSE THERE ARE CAVEATS FOR, ESPECIALLY ONES IN THE FLOODPLAIN THAT ARE OVER 5,000 SQUARE FEET. UM, THEY HAVE A LITTLE BIT LONGER TIME AND SHOULDN'T NEED ADDITIONAL EXTENSIONS. AND HOPEFULLY, AGAIN, THERE'S A LOT OF CLEANUP AND SOME OF THIS IS ALL INTERTWINED. AND SO I THINK IT'S A LOT OF, UM, CLEAN IT UP, GIVE IT SOME TIME TO LET THE DUST SETTLE, AND THEN FIGURE OUT WHERE WE CAN IMPROVE FURTHER. AND SOME OF IT, I MEAN, EVEN TO BE FRANK, SOME OF IT IS A STAFF ISSUE. UM, I WOULD LOVE TO SAY THAT EVERYBODY YOU KNOW, IS A HUNDRED PERCENT GREAT AT THEIR JOBS AND KNOWS EVERYTHING THAT THEY'RE LOOKING FOR. AND AS TRAINING HAPPENS, AS OUR CODE GETS CLEANED UP, AS THINGS GET SMOOTHER, THERE'S A POTENTIAL THAT WE CAN REDUCE FEES BECAUSE IT'S NOT TAKING AS MUCH STAFF TIME TO GO THROUGH PROCESSES AND DO THINGS. AND MAYBE OUR PERMITTING SOFTWARE MAKES EVERYTHING, YOU KNOW, MIRACULOUSLY BETTER WHEN IT'S UPDATED AND, YOU KNOW, WE CAN CUT COST. UM, MY PROPOSAL WITH THE FEE SCHEDULE WAS THAT WE ADOPT IT EVERY YEAR WITH THE DS BUDGET. IT SHOULD BE LOOKED AT EVERY YEAR, AND WE SHOULD BE SEEING PROCESSES IMPROVE. IF THINGS ARE JUST HAYWIRE, SOME MIGHT GO UP, BUT GENERALLY SPEAKING, WE, IT SHOULD BE ADOPTED WITH OUR BUDGET BECAUSE WE SHOULD NOT BE, UH, COMING OUT OF THE GENERAL FUND WITH THAT. UH, COUNCILOR HALL? IS THAT, ARE YOU DONE? YES. OKAY. UH, WE DO HAVE, UH, SOMEONE, MAYOR, I'M SORRY. YEAH, MAYOR PROAM. I HAVEN'T HAD A CHANCE TO YOU THAT GO AHEAD, COUNCILOR, PLEASE. UM, SO THANK YOU. UM, A COUPLE OF THINGS, AND I'LL JUST SAY THREE YEARS AGO, UH, DEVELOPMENT SERVICES REVENUE WAS WAY HIGHER THAN EXPENSES. AND SO MAYBE IT WAS FOUR YEARS AGO, BUT THERE IS A, THERE IS A VERY STRONG VOLUME MATTERS, RIGHT? MM-HMM . WHEN A DEVELOPMENT WAS HAPPENING BIG TIME, THE, THE, UH, THE FEES IN DEVELOPMENT SERVICES WAS CONTRIBUTING ACTUALLY A LOT OF MONEY TO THE GENERAL FUND NOT TAKING MONEY OUT OF THE GENERAL FUND. SO, UH, YES, I AGREE. GET MORE EFFICIENT AND DO A BETTER JOB AND SET THE FEES RIGHT, BUT ALSO WHEN, WHEN VOLUME OF DEVELOPMENT IS LOW, YOU KNOW, IT'S AMORTIZED ACROSS OUR STAFF, RIGHT? SO IT'S MORE EXPENSIVE ON A PER PERSON BASIS. UM, SOME SPECIFIC QUESTIONS HERE. SO I, UM, I, I SEE IN THE RED LINE THAT FOR A RENEWAL FEE IS $750, I CAN'T FIND THE ORIGINAL FEE. IS IT IN HERE SOMEWHERE? SO THE ORIGINAL FEE IS ACTUALLY CROSSED OUT IN THAT RED LINE. AND THIS IS WHERE WE HAD ISSUES. OKAY. WITH THE CONFUSION WITH THE BSC, ESSENTIALLY, IT REFERENCES THE ORIGINAL PERMIT FEE IN THAT CHAPTER. AND THEN WHEN YOU LOOK AT THE ORIGINAL PERMIT FEE, IT SAYS CHECK THE FEE SCHEDULE, AND IT'S THE SO MUCH PER SQUARE FOOTAGE THAT WE'VE BEEN CONTINUOUSLY TALKING ABOUT THROUGH THESE, UM, WAIVERS OF FEES. AND SO WHAT WE'VE DONE IS CROSS THAT OUT AND PUT THE SET RATE RIGHT THERE. UM, WHEN AND IF A COMPOSED COMPRISED FEE SCHEDULE IS ADOPTED, WE WOULD REMOVE, WE WOULD PUT IN THE ORDINANCE TO REMOVE ANY AND ALL FEES AND JUST REFERENCE THE APPENDIX OF A FEE SCAN. OKAY. BUT THE, THE NUMBER THAT STAFF IS CURRENT OR BSC IS CURRENTLY THINKING FOR THE INITIAL PERMIT IS HOW MUCH? SEVEN 50? UH, SAME AS THE RE AS THE, THE REPERMIT FEE? WELL, SO THAT'S THE RENEWAL. THE EXTENSION IS THE RENEWAL OF THE PERMIT. YEAH. THAT'S WHERE THE FEE LIED. AND SO IT ORIGINALLY REFERENCED THE ORIGINAL PERMIT FEE. OH, SO THE ORIGINAL PERMIT FEE IS SEVEN 50. A RENEWAL WOULD ALSO BE SEVEN 50? NO, NO, NO. SO , THE CODE SAYS IF YOU NEED TO RENEW YOUR PERMIT THROUGH AN EXTENSION, YOU HAVE TO PAY YOUR ORIGINAL PERMIT FEE, WHATEVER THAT FEE WAS. IT'S THE 25 CENTS PLUS I THINK 180. UM, AND SO EVERY HOUSE IS DIFFERENT, UH, BECAUSE IT'S BASED [04:15:01] OFF OF SQUARE FOOTAGE. AND SO WE'RE STILL KEEPING THE ORIGINAL PERMIT FEE, THE SAME FEE STRUCTURE THAT IT IS NOW, THE 180 PLAN REVIEW PLUS 75 CENTS A SQUARE FOOT. AND THEN WE'RE SAYING WHEN YOU HAVE TO RENEW, IT'S $750 FLAT, WHICH IS THE COST OF STAFF TIME TO, TO HANDLE THOSE EXTENSIONS. GOTCHA. OKAY. I UNDERSTAND NOW. THANK YOU. UM, AND THEN MY SECOND COMMENT IS, UH, IN, IN HERE, IN THE EXISTING DOCUMENT WE HAVE IN FRONT OF US, IT SAYS IF IT'S A SMALL BUILDING UNDER 5,000, THEN YOU GOT 18 MONTHS TO GET IT DONE. MM-HMM. IF IT'S A BIG ONE, YOU GOT 24 MONTHS TO GET IT DONE. MM-HMM . UH, BUT THEN THE RENEWAL SAYS YOU HAVE TO RENEW EVERY SIX MONTHS, WHICH MAKES SOME SENSE, BUT THE ULTIMATE DEADLINE IS 36 MONTHS INDEPENDENT OF THE SIZE OF THE BUILDING MM-HMM . AND SO I, I QUESTION, YOU KNOW, WHAT A SMALL ONE WE'RE SAYING YOU NEED TO GET IT DONE IN 18 MONTHS. OH. BUT YOU COULD GET ANOTHER, UM, THREE EXTENSIONS ON TOP OF THAT TO GET TO 36, WHEREAS WITH THE BIG ONE, YOU CAN'T GET AS MANY. IT, IT FEELS LIKE WITH THE, THE HARD DEADLINE AT THE END WHERE IT GETS COMPLETELY RESET. WE DIDN'T ACCOUNT FOR BIG COMPLEX VERSUS SMALL. I WONDER WHETHER WE SHOULD ACCOUNT FOR THAT. SO I THINK THE INTENT IS THAT, UM, IT'S NOT THAT IT'S WHEN YOU PULL THE PERMIT, IT'S WHEN YOU CALL FOR YOUR FIRST EXTENSION. SO YOU HAVE 36 MONTHS FROM WHEN IT EXPIRES AT SIX MONTHS, 12 MONTHS, 18 MONTHS, WHATEVER THE CASE MAY BE. YOU CAN GET UP TO 36 MONTHS WORTH OF EXTENSIONS AFTER THE FACT. I, THAT'S NOT THE WAY I READ IT. THAT'S NOT, I READ IT AS 36 MONTHS AS THE, FROM DAY ONE TO THE, TO THE YOU, YOU LOSE EVERYTHING AND GO BACK TO SQUARE ONE AS AS WRITTEN RIGHT NOW. THAT'S HOW I READ IT AS WELL. YEAH. WHICH DOESN'T SEEM RIGHT TO ME, BUT WHAT YOU DESCRIBED MIGHT MAKE MORE SENSE. MM-HMM . I'LL GO BACK TO MY RECOMMENDATION THAT YOU FOLLOW THE BUILDING CODE PERMIT'S GOOD FOR 180 DAYS. IF YOU DON'T HAVE AN INSPECTION IN THAT 180 DAYS IT EXPIRES, IT BECOMES NULL AND VOID. IF THEY NEED EXTENSION AFTER EXTENSION, THEN THEY HAVE TO JUSTIFY WHY THEY NEED THAT EXTENSION. AND I DON'T THINK A PERMIT SHOULD GO MORE THAN 24 MONTHS. AND THAT WAS MY SUGGESTION TO BSC LAST NIGHT. DON'T GO LONGER THAN 24 MONTHS AFTER 24 MONTHS. THAT BUILDER, DEVELOPER, WHATEVER, THEY NEED TO REALLY COME IN WITH SOME JUSTIFICATIONS OF WHY IT'S TAKING THEM LONGER THAN 24 MONTHS TO BUILD A STRUCTURE. I CAN SEE IT IF IT'S A COMMERCIAL STRUCTURE, BUT IN THAT COMMERCIAL STRUCTURE, YOU'RE GONNA BE WITHIN THAT 180 DAYS. YOU SHOULD BE DOING REGULAR INSPECTIONS OUT THERE AND YOU CAN PROGRESS IT. SO THAT WOULD BE AN EASY, EASY ONE OUT THE FEE STRUCTURE AND THAT THERE'S, YOU LOOK ACROSS THE STATE, EVERYBODY DOES IT DIFFERENT. THERE'S NO SET WAY. SO I DON'T HAVE A RECOMMENDATION ON THE FEE. I JUST THINK WE NEED TO GET SOMETHING IN PLACE THAT'S CONSISTENT SO STAFF KNOWS WHAT'S GOING ON. AND I'M NOT PRO ONE WAY OR THE OTHER. WE JUST GOTTA GET SOMETHING IN PLACE WHERE STAFF, THERE'S NO CONFUSION FOR STAFF ON WHAT NEEDS TO BE CHARGED AND WHAT NEEDS TO BE DONE. THAT CLARIFIES IT FOR STAFF, BUT IT ALSO CLARIFIES IT FOR OUR DEVELOPERS, BECAUSE I KNOW WE GOT ONE BUILDER THAT'S A WORK SESSION ITEM OVER THE SAME ISSUE WHERE THEIR PERMIT EXPIRED. AND THERE'S A WHOLE LOT OF CONVERSATION WE'LL HAVE WHEN WE GET TO THAT ITEM TOO. SO THANK YOU. WITH THAT, I'M GONNA GO AHEAD AND BRING UP OUR CITIZEN COMMENT, AND THEN I'M SURE WE'LL RESUME RIGHT AFTER THAT. OKAY. HOW ABOUT CITIZENS HERE FOR THAT ONE? DAVID V LURKING, THE, NOT TO BACKPEDAL ON THE CONVERSATION BECAUSE I APPRECIATES GOING FORWARDS, BUT UH, AS FAR AS FEES ON REINSTATEMENT AND THE AMOUNT OF STAFF TIME IT TAKES TO DO SOMETHING, UNLESS I AM THE SOLE, AND ONE AND ONLY EXCEPTION TO THIS, I CAN GIVE YOU SEVEN PROJECTS RIGHT NOW WHERE THERE'S BEEN AN INSANE AMOUNT OF TIME, STAFF TIME THAT I HAVE SPECIFICALLY COST THE TAXPAYERS BY COMING IN HERE EVERY DAY TO HASH SOMETHING OUT WHERE, UH, YOU GOTTA STOP WORK. OKAY, WELL, THAT'S NOT ACTUALLY ORDINANCE. OKAY, WELL, YOU CAN'T DO THIS. THAT'S NOT IN THE ORDINANCE EITHER. WELL, I THINK YOU DID IT WRONG. THAT'S NOT IN THE ORDINANCE EITHER. WELL, I DON'T AGREE WITH YOUR ENGINEER. TOO BAD. YOU DON'T, YOU DON'T LICENSE FOR THAT. AND THE AMOUNT OF TIME THAT STAFF CURRENTLY WASTES IS NOT A METRIC YOU SHOULD BE READJUSTING YOUR FEES FOR. IF ANYTHING, I'LL SAY, AND THIS IS MY OPINION, I COULD BE WRONG. I THINK DEVELOPMENT SERVICES IS CURRENTLY A LITTLE UNDERSTAFFED AND YOU ARE IN THE MIDDLE OF CHANGING OVER ALL OF THE CODE. EVERYONE KNOWS THE ORDINANCES ARE CRUMMY. SO IT'S NOT THAT IT'S UNFATHOMABLE THAT THINGS ARE TAKING LONGER RIGHT NOW AND MORE STAFF TIME IS BEING SPENT. BUT PUTTING THE CARRIAGE BEFORE THE HORSE AND TRYING TO SET A FEE STRUCTURE, STRUCTURE FOR A BROKEN SYSTEM IS KIND OF LIKE SHOVING A STICK IN THE SPOKES OF THE FRONT WHEEL OF THE CARRIAGE AND THEN CRYING ABOUT LANDING ON THE GROUND. WE GOTTA FIX THINGS IN ORDER. [04:20:01] AND WE, WE, AGAIN, MAYBE, MAYBE I'M THE SOLE EXCEPTION. I'M THE ONLY PERSON FACING THESE PROBLEMS. I DOUBT THAT. AND I MEAN, I'LL, I'LL FIGHT IT. IF YOU'RE GONNA DOUBLE, TRIPLE THINGS FOR WE'LL, WE WILL GET BACK TO THAT TOPIC WHEN IT'S THAT TIME. ALRIGHT, THANK YOU. OKAY, SO NOW WE'LL GO AHEAD AND COME BACK. UM, I DON'T BELIEVE WE HAVE, WE DO NOT HAVE ANYBODY ELSE RIGHT ON THIS ONE? YEAH. UM, UH, TWO. OH, EPPS HAD GIVEN YOU HER TIME. SHE'S NOT HERE. OKAY. WAS THERE, DID YOU SAY EVERYTHING YOU WANTED TO SAY? OH, IT'S OKAY. THAT'S FINE. OKAY. SENTIMENTS THERE. ALRIGHT. THANK YOU. ALL RIGHT. BRINGING IT BACK TO COUNSEL. UM, DO WE HAVE ANY MORE COMMENTS ON THIS ONE OR QUESTIONS? UH, I GOT ONE. COUNCILLOR CHAMAR. I WANNA JUST CLARIFY THAT, UH, THE RECOMMENDATION FROM JORDAN WAS THAT WE REMOVE THE PORTION THAT STATES, UH, THE POOL CODE. IS THAT CORRECT? YEAH. I KNEW THAT THERE WAS SOME LANGUAGE IN THERE THAT NEEDS TO BE CLEANED UP. IS THAT CORRECT? YES. AND THAT ANY MOTION SHOULD BE PULLED, LIKE SHOULD, SHOULD REFLECT THAT. MM-HMM . I WAS JUST GETTING CLARIFICATION ON THANK YOU. MR. WEST HAD SENT OUT A MEMO ABOUT IT MM-HMM . WHICH IS WHY I THINK IT, WE NEED TO, TO MAKE SURE IT'S A CLEAN THING WHEN WE BRING IT FORWARD WITH EVERYTHING THAT WE'RE ADOPTING AT ONE TIME. ALL RIGHT. ANYONE ELSE? MAYOR, IF I MIGHT ALSO, ONE SUGGESTION IF, UH, IT'D BE A BIG ASK OF STAFF IF WE COULD JUST GO AHEAD AND CLEAN THAT ORDINANCE UP TABLE THIS UNTIL THE NEXT MEETING IN BETWEEN NOW AND THE NEXT MEETING, CLEAN ALL OF THIS UP AND BRING IT BACK. ALL OF THIS WITH THE CODES WE'RE ADOPTING. YES. WITH THE CODES WE'RE ADOPTING. AND ALSO BRING THE FEE SCHEDULE BACK AT THE NEXT MEETING. THE FULL FEE SCHEDULE, AND NOT JUST FULL FEE SCHEDULE, NOT JUST IT. I THINK THE FEE SCHEDULE NEEDS TO BE ITS OWN ORDINANCE AT THE NEXT MEETING. I WAS GONNA AGREE ABOUT THE FEE BRINGING THE FREE SCHEDULE BACK. 'CAUSE IT'S SOUNDING LIKE, FORGIVE ME. DID ANYBODY ELSE HAVE COMMENTS? BUT I WANTED TO JUST SAY THAT I THINK THE FEE SCHEDULE NEEDS TO BE RELOOKED AT, 'CAUSE WE HAD IT SENT IT BACK, SO NOW BRING IT BACK FORWARD AGAIN. UM, OKAY. STAFF, WE CAN DO IT. I MEAN, ABSOLUTELY. UM, SO, UM, I AM OUT OF OFFICE ON MAY 21ST, WHICH IS OUR NEXT COUNCIL MEETING. UM, BSC HAS A PREDETERMINED MEETING THE FIRST WEEK OF JUNE. SO THAT WOULD BE THE FIRST CHANCE THAT BSC WOULD GET THE OPPORTUNITY TO LOOK AT WHATEVER WE'RE PROPOSING. THEY WERE FAIRLY INTERESTED IN VETTING THE ADDITIONAL CODE THAT WE WERE LOOKING TO ADOPT. UM, NOT IN REBUTTAL. THEY WERE VERY MUCH IN AGREEMENT. UM, BUT AS YOU KNOW, YOU KNOW, THAT TAKES TIME. AND SO, UM, WE'LL POST AGENDAS WITH MORE THAN ENOUGH TIME FOR REVIEW AND COMMENTARY. I THINK IT'S VERY POSSIBLE TO GET IT CLEANED UP AND BROUGHT FOR WORKSHOP THE FIRST WEEK OF JUNE. COUNCILOR SHARIA? UH, I'M GONNA SAY THAT'S A VERY, UH, VERY LOFTY GOAL CONSIDERING, UH, BSC MEETS ON, I BELIEVE THE THIRD. AND THEN WE HAVE CITY COUNCIL RIGHT THERE ON THE FOURTH. MM-HMM . OKAY. IT WOULD BE VERY SIMILAR TO THIS MEETING WHERE THEY BACK TO BACK WENT NIGHT BEFORE. OKAY. SO WE WOULD NEED TO MAKE SURE THAT IT'S ON BOTH AGENDAS, AGENDAS, EVEN IF WE DON'T GET EVERYTHING INTO THE PACKET, AS LONG AS IT'S ON THE AGENDA WHERE IT WILL FALL INTO THAT CATEGORY, BECAUSE I'M OUT OF TOWN, EVERYTHING WILL BE POSTED ON AN AGENDA WELL IN ADVANCE OF MY DEPARTURE. SO I THINK B-S-C-B-O-A AND PNZ ARE ALL GONNA BE POSTED THE WEEK OF MAY 20TH FOR THE JUNE CYCLE. I, I WAS JUST MAKING SURE THAT IT WAS GONNA BE AGENDAS FOR THE FIRST CITY COUNCIL MEETING IN JUNE. THAT WAY, UM, YOU KNOW, EVEN IF WE DON'T GET THE INFORMATION BACK FROM BSC UNTIL, YOU KNOW, THAT NIGHT MM-HMM . WE CAN STILL CONSIDER IT AT ON, AT THAT MEETING. OKAY. ALL RIGHT. OKAY. SO, UM, WITH THAT, ANY MORE DISCUSSION OR I WOULD ENTERTAIN A MOTION COUNSELOR. CHA, DID YOU WANNA TAKE A SHOT AT THAT? I'M GONNA TAKE A SHOT AT THIS. UM, I'M, I'M SAYING THAT WE PROBABLY NEED TO TABLE, UH, THE CONSIDERATION POSSIBLE ACTION FOR THE ORDINANCE, UH, TWO SIX DASH ZERO FIVE DASH ZERO SEVEN DASH TWO OF THE CITY OF LAGO VISTA. UM, AMENDING THE CHAPTER THREE ORDINANCES, UM, WHICH ALSO INCLUDE THE ARTICLE, UH, 3.100 FOR BUILDING AND FIRE CODES SECTION FOR PERMITS AND APPROVALS, THE INTERNATIONAL POOL CODE. AND THE REST IS READ IN REGARDING [04:25:01] PERMIT EXPIRATION, EXTENSION, RENEWAL PROCEDURES AND RELATED FEES. AND YOU'RE WANTING TO TABLE THAT TO THE FIRST TEAM MEETING? YES. OKAY. ALL RIGHT. DO WE HAVE A SECOND? I'LL SECOND. OKAY. COUNCILOR VANNESS. ALL RIGHT. ANY DISCUSSION ON THAT MOTION? COUNCILOR? I'M SORRY. COUNCILOR HALL? UH, JUST A QUESTION, UH, AS TO, UH, WHY IT WAS SO URGENT. UH, IS THERE A DEADLINE OR SOMETHING THAT WE'RE TRYING TO MEET, UH, AND THAT IT NEEDS TO BE ON, UH, ON THE AGENDA FOR THE FIRST CITY COUNCIL MEETING IN, UH, JUNE, I COUNCILLOR, SHE, UH, I BELIEVE THAT THERE'S, UH, THERE'S A LOT OF WORK BEING DONE FOR ON THE INTERNATIONAL POOL CODE, AND THERE'S A LOT OF PERMITS THAT ARE PENDING, AND WE'RE TRYING TO GET INTO COMPLIANCE AND IMPLEMENT THOSE FOR WHAT, WHAT'S KIND OF OUT THERE LINGERING FOR POOL, RIGHT. AS WELL AS THE, UM, BUILDING AND FIRE CODE. WE'RE LOOKING AT WILDFIRE CODE AS WELL ON THE BSC. UM, WE'RE GETTING INTO THE SUMMER SEASON. WE WANNA MAKE SURE THAT THESE ARE, UH, CODIFIED. OKAY. YEAH, MY, MY, MY ONLY CONCERN WAS THAT, UH, , IT'S SUCH A CHALLENGE FOR IF THERE ARE COMMITTEE'S MEETING RIGHT BEFORE THE DAY BEFORE THE CITY COUNCIL MEETING, UH, TO, TO, TO GET THAT INPUT AND TO CONSIDER THAT AND, AND, UH, BE READY TO VOTE ON IT, UH, THE NEXT DAY CAN BE A A BIT CHALLENGING. I'LL, I'LL SAY NORMALLY IT'S JUST A STRAIGHT UP RECOMMENDATION OR, OR NOT RECOMMENDATION. UM, AND THEN I THINK IT ACTUALLY GIVES US A BETTER CHANCE TO MAKE A QUICK TURNAROUND. SO IF WE NEEDED TO GET, UH, SEND IT BACK TO BSC, UM, FOR THE JULY MEETING, WE COULD, IF I MAY, UM, I THINK YOU'LL FIND THAT THE BSC IS VERY MUCH IN FAVOR OF THESE CHANGES. THEY'VE BEEN WORKING ON THIS SINCE JANUARY. UM, AT LEAST TO MY KNOWLEDGE, THEY'VE BEEN WORKING ON IT SINCE JANUARY. UH, THERE'S A LOT OF STUFF IN HERE THAT WE'RE TRYING TO CLEAN UP THAT'S CONTINUING TO SHOW UP ON YOUR AGENDA AS COUNSEL, SUCH AS THE PERMIT EXTENSION TODAY. UM, AND SO IT'S NOT NECESSARILY A, A DEADLINE PER SE, WE JUST KNOW WE NEED TO CLEAN IT UP. WE HAVE SUPPORT OF THE BSC, THEY'RE IN FAVOR OF THE CHANGES, AND WE KNOW THAT, AND IT SOUNDS LIKE IT'S REALLY, UM, STRENGTHENING THE ORDINANCE, ADDING EVERYTHING IN THAT WE NEED TO ADD IN, AND JUST MAKING SURE THAT EVERYBODY'S ON THE SAME PAGE. BUT, UM, EVEN AT THE MEETING LAST NIGHT, THEY EXPRESSED FULL SUPPORT AND FULL STEAM AHEAD. UM, AND SO IT'S, IF WE CAN MOVE, LET'S MOVE. ALL RIGHT. UM, I'VE GOT A, UM, MOTION BY COUNCILOR CHAVARRIA TO TABLE. I'M SORRY. GO AHEAD. YEAH, I MEAN, I'LL, I'LL ECHO MY SAME CONCERNS AS, UH, COUNCILOR HALL THAT, UH, YOU KNOW, IF THEY'RE, IF THEY'RE MEETING ON THE THIRD, LIKE, YOU KNOW, IT'S JUST, IT WAS, IT WAS HARD FOR ME TO GET MY MIND WRAPPED AROUND WHAT WAS BEING DISCUSSED LAST NIGHT AND PREPARING FOR TONIGHT. I MEAN, I GET IT IF THERE'S LIKE, THIS LIKE SENSE OF LIKE, GOD, TO GET THIS DONE. UM, I FOUND IT TO BE VERY DIFFICULT. YOU KNOW, I SPENT A LOT OF TIME PREPARING AND IT, IT IS JUST, IT'S HARD FOR ME TO EVEN JUST GO BACK AND WATCH THE BSE MEETING, NOT ALONE, BE ABLE TO REGURGITATE IT. AND, UM, AND TO WHAT, UH, COUNCILOR VANNESS SAID EARLIER, I LIKE CLEAN AGENDAS OR, UH, CLEAN ORDINANCES AS MUCH AS POSSIBLE. AND EVEN THOUGH THEY MAY BE COMPLETELY IN CONSEN CONSENSUS WITH EACH OTHER, ANY MODIFICATIONS OR CHANGE OR RED LINE IS GONNA RESULT IN AN IMPROPER, IMPERFECT PRODUCT BEING PRESENTED TO CITY COUNCIL THE NEXT DAY. SO I FEEL MORE COMFORTABLE WITH JUNE 18TH BEING PRESENTED TO CITY COUNCIL. I THINK THAT STILL SHOWS GOOD FAITH THAT WE'RE BEING COMMITTED TO THAT. BUT, UH, I'M NOT GONNA SAY NO TO THE FOURTH. I JUST WOULD LIKE TO CONSIDER JUNE 18TH AS A, UH, BETTER POSSIBLE SO I CAN READ IT, GET MY MIND WRAPPED AROUND IT, AND ACTUALLY BE ABLE TO, UH, VOTE, YOU KNOW, WITH MORE KNOWLEDGE. SO I WOULD LIKE TO, I WOULD LIKE TO MAKE THAT AMENDMENT IF, UH, THE, UH, SECONDER AND THE, UH, PERSON THAT MADE THE MOTION WOULD CONSIDER, INSTEAD OF IT COMING BACK ON JUNE 4TH, COMING BACK ON JUNE 18TH, COUNCILLOR CH I'LL ACCEPT THAT AMENDMENT. UM, BUT I, I WILL REITERATE THAT THIS IS SOMETHING THAT'S ALREADY BEEN WORKED ON, UH, GOING ON FOUR OR FIVE MONTHS NOW. AND REALLY, THIS IS JUST A, UM, CLEANING UP OF LANGUAGE. UH, IT'S NOT A SIGNIFICANT CHANGE. THERE WILL NOT BE ANY ADDITIONAL RED LINES, I DON'T BELIEVE. BUT, UM, IF WE NEED MORE TIME TO REVIEW, UM, I MEAN, WE SHOULD HAVE ALREADY REVIEWED THIS IN GENERAL. UM, IT WAS IN OUR PACKET, UH, REGARDING THIS ORDINANCE. UM, BUT IF, IF, UH, THAT'S, I'M OKAY WITH THE 18TH, IF THAT'S, UH, THE WILL OF COUNSEL COUNCILOR VENICE. YEAH. AND I'LL ACCEPT THE AMEND AS WELL. [04:30:01] ALL RIGHT. SO WE HAVE, UH, FIRST AND A SECOND WITH AN AMENDMENT, UH, FOR THE 18TH, UM, OF WHICH, UH, COUNCILLOR CHARI AND COUNCILLOR VANNESS BOTH APPROVED. UM, SO WITH THAT, WITHOUT FURTHER DISCUSSION ON THAT MOTION, ALL IN FAVOR SAY, AYE. A AYE. ALL THOSE OPPOSED, OKAY. IT IS TABLED TILL, UH, JUNE 18TH. MAYOR, IF THERE'S NO OBJECTION, I WOULD LIKE TO AT LEAST HAVE THIS AS A DISCUSSION ITEM AS A WORKSHOP ITEM AT THE FIRST MEETING IN JUNE, JUST TO MAKE SURE WE CAN REPORT TO WHAT THE PROGRESS IS BEING DONE. OKAY. I'VE GOT THAT ON THERE. IS THAT, UM, I, I WAS GONNA SAY THAT EARLIER, BUT, UH, IT WAS KIND OF LIKE PROGRESSING SO FAST, OKAY. AND, YOU KNOW, KIND OF THE IDEA CONSENSUS, THESE FIRST MEETINGS ARE SUPPOSED TO BE MORE DISCUSSION ITEMS ANYWAY, SO I THINK THAT'S A FANTASTIC IDEA. THANK YOU. ALL RIGHT. SOUNDS LIKE YOU HAVE A CONSENSUS ON THERE. ALRIGHT. ALRIGHT. AND IF I MAY AS WELL, SORRY. UM, SINCE WE HAVE TO POST SO EARLY FOR BSC, WE CAN ALSO PUT IT ON THE DISCUSSION BOARD, UM, JUST SO THAT IT'S OUT THERE LIKE WE DID WITH THE HOTEL, PDD, REGARDLESS OF WHAT'S DISCUSSED AT THE DAIS, THERE'S A COPY FOR PEOPLE TO REVIEW. UM, MORE THAN HAPPY TO DO THAT AS WELL. I THINK THE LIST GOT PUT ON THE DISCUSSION BOARD TODAY. I DON'T REMEMBER IF I PUT IT ON THERE OR NOT. LISTEN, WE WILL CLEAN THE, WE'LL DO A FULL ORDINANCE, CLEAN IT UP, MAKE SURE THAT IT'S EXACTLY WHAT'S GETTING SENT TO BSC. THAT'LL BE IN THEIR PACKET. WE'LL MAKE SURE IT'S IN THE COUNCIL PACKET. BUT IT'S, WE'RE POSTING THREE WEEKS EARLY, GIVE OR TAKE. UM, SO MAYOR PERKIN, MS. , AND THE ONLY THING I WOULD JUST ADDITIONALLY SUPPORT, UH, MR. WEST IS THAT, YOU KNOW, IF THERE ARE NO SIGNIFICANT CHANGES AT THE, FROM THE BSE AND WE HAVE A GOOD DISCUSSION ON THE FIRST CITY COUNCIL MEETING, WE CAN JUST BRING THIS RIGHT BACK ON THE CONSENT AGENDA AND THEN JUST, YOU KNOW, BYPASS THE ENTIRE DISCUSSION. I AM IN FAVOR OF THAT. PERFECT. ALL RIGHT. THANK YOU. THANK YOU. ALL RIGHT, MOVING ON. UM, WE'RE GETTING PAST FIRST POLL TIME HERE, SO WE'RE GETTING INTO OTHER PEOPLE'S TIME, WHEN WE'RE ENDING. UM, ALRIGHT. SO [IX.3. Discussion regarding the creation of a Public Safety Committee.] I'M GONNA GO AHEAD AND MOVE TO, UM, WORK SESSION ITEM THREE, WHICH IS 9.3, THE DISCUSSION REGARDING THE CREATION OF A PUBLIC SAFETY COMMITTEE. UH, COUNCILLOR CHAVARRIA, YOU BROUGHT THIS FORWARD. YES. I BROUGHT THIS FORWARD AFTER DISCUSSION WITH, UM, MAYOR SOM AND ALSO, UM, MR. UH, UM, UH, COUNCIL BENFIELD. UM, AND IT WAS KIND OF BROUGHT TO, YOU KNOW, IT'S BEEN TALKED ABOUT. BUT REALLY, UM, WE HAVE SEVERAL DIFFERENT DEPARTMENTS IN IN THE CITY THAT HAVE COMMITTEES. YOU KNOW, WE HAVE THE GOLF ADVISORY BOARD, WE'VE GOT, UM, THE LIBRARY AND THE ADVISORY BOARD, BUT WE DO NOT HAVE A PUBLIC SAFETY ADVISORY BOARD. AND I KNOW THAT, UH, THE POLICE DEPARTMENT IS REG REGULATED BY, YOU KNOW, STATE LAW. UM, BUT I FEEL, UH, I HAVE POSTED THIS ON THE DISCUSSION BOARD, SO I'M JUST GONNA KIND OF READ THIS OUT. AND, UH, THE LOGIC THAT I HAVE BEHIND THIS AND, AND THE POTENTIAL CREATION OF THIS, UM, IF Y'ALL, UH, GIVE ME, UH, A FEW MO FULL FEW MOMENTS TO READ THIS. UM, AS OUR COMMUNITY CONTINUES TO GROW, MANY RESIDENTS AND BUSINESS OWNERS HAVE EXPRESSED A DESIRE FOR INCREASED COLLABORATION, COMMUNICATION, AND PROACTIVE PLANNING SURROUNDING PUBLIC SAFETY AND QUALITY OF LIFE CONCERNS. UH, ESTABLISHING A COMMITTEE COMPRISED OF CITIZENS BUSINESS PARTNERS, THE CHIEF OF POLICE AND DESIGNATED PUBLIC SAFETY LIAISON WILL PROVIDE A ORGANIZING CONSTRUCTIVE WAY TO GATHER COMMUNITY INPUT, IDENTIFY EMERGING CONCERNS, AND DEVELOP PRACTICAL RECOMMENDATIONS FOR CITY COUNCIL CONSIDERATION. MY RECOMMENDATION FOR THIS COMMITTEE WOULD BE TO STRICTLY SERVE AS A ADVISORY CAPACITY. IT WOULD NOT REPLACE THE AUTHORITY OF CITY COUNCIL, THE POLICE DEPARTMENT, CODE ENFORCEMENT, OR OTHER CITY DEPARTMENTS. INSTEAD, IT WOULD FUNCTION AS A COLLABORATIVE WORKING GROUP FOCUSED ON RESEARCH, PUBLIC ENGAGEMENT, EDUCATION, POLICY RECOMMENDATIONS AIMED AT IMPROVING SAFETY LIVABILITY AND COMMUNITY TRUST. I'VE IDENTIFIED A COUPLE OF POTENTIAL FOCUS AREAS AND RECOMMENDATIONS TO COMMITTEE COULD EXPLORE. UM, THE SCOPE IS, IS OBVIOUSLY SOMETHING THAT WE CAN DISCUSS. UM, AND DEFINITELY, UH, CREATING A KIND OF, UM, GUIDELINE OR POLICY FOR THEM. UM, IT WOULD BE PARAMOUNT. BUT A FEW OF THESE ITEMS WOULD BE, UH, TRAFFIC SAFETY CONCERNS, SPEEDING COMPLAINTS, UH, REVIEW OF SCHOOL ZONES, PEDESTRIAN CROSSING SAFETY, UH, EVALUATION OF NEIGHBORHOOD SPEED LIMITS AND TRAFFIC, CALMING MEASURES, BICYCLE AND E-BIKE SAFETY EDUCATION AND POSSIBLE REGISTRATION PROGRAMS. [04:35:02] UM, THIS IS SOMETHING THAT'S, WE SEE A LOT OF REGARDING E-BIKES, AND I KNOW THAT THERE'S A LOT OF COMMUNITY INVOLVEMENT WITH SOME OF THE BICYCLE SHOPS. UM, EVEN OUR CHAMBER HAS, YOU KNOW, THEY'RE PUTTING ON SOME WORKSHOPS AS WELL. UM, GOLF CART SAFETY, ROADWAY USAGE POLICIES. UM, I KNOW THAT WE HAVE CODES, UH, CODES AND CODE ENFORCEMENT, BUT, YOU KNOW, SOMETIMES IT JUST REALLY BOILS DOWN TO A COMMUNITY TALKING ABOUT NUISANCE ISSUES, LITTER, ILLEGAL DUMPING NOISE COMPLAINTS, PROPERTY MAINTENANCE CONCERNS. UM, YOU KNOW, THEY COULD POTENTIALLY MAKE RECOMMENDATIONS FOR LITTER ABATEMENT PROGRAMS, ENHANCED ENFORCEMENT OPTIONS. UM, THEN I KNOW THERE'S BEEN A LOT OF TALK ABOUT FIRE PROVISION EDUCATION AND WILDFIRE MITIGATION EFFORTS, INCLUDING BRUSH AND CEDAR MULCH CONCERNS. THAT'S SOMETHING THAT COULD ALSO BE LOOKED AT AS A PUBLIC SAFETY MEASURE. UM, COMMUNITY EMERGENCY PREPAREDNESS INITIATIVES. WE'RE ALREADY DOING A LOT OF THAT IN THE BACKGROUND, UM, WITH ESD, UM, AND APPLYING FOR GRANTS. BUT I THINK THAT THIS IS SOMETHING A COMMITTEE LIKE THIS COULD FOCUS ON. UM, AND ONE OF THE REASONS, UH, THIS REALLY CAME ABOUT AND WHY I ASKED MR. UH, REDDY HERE THIS EVENING IS BECAUSE IF WE WERE TO CREATE SOMETHING LIKE THIS, UH, HE WAS IN THE BACK OR HE WAS IN THE FRONT OF MY MIND THE ENTIRE TIME. UM, AND THIS IS GOING TO BE FOR YOUTH SAFETY PROGRAMS AND DRUG WELLNESS EDUCATION INITIATIVES. I THINK THAT IS SOMETHING WE ARE SEVERELY LACKING IN THIS TOWN. UH, DURING MY KLVB CLEANUP GROUP EFFORT, UM, I WAS ON DAWN DRIVE ACROSS FROM THE ELEMENTARY SCHOOL, AND I'M KIND OF SHAKING BECAUSE I'M SO UPSET ABOUT THIS, BUT I CAME ACROSS HYPODERMIC NEEDLES AND AS A NURSE, I KNOW WHAT IS USED FOR INSULIN, WHAT'S USED FOR A**L VACCINES, WHAT'S USED FOR B12 DIFFERENT TYPES OF INJECTIONS, AND ALSO KNOW WHAT HEROIN AND METH LOOKS LIKE, UNFORTUNATELY. AND THE SEDIMENT THAT I SAW IN SOME OF THESE, UH, WAS DEFINITELY NOT OVER THE COUNTER DRUGS OR PRESCRIPTION DRUGS. THESE WERE MADE AT HOME. I FOUND COOKING UTENSILS, UH, PIPES, UH, VAPES, UM, WITH THC, 'EM, NOT TOBACCO RESINS OILS. UM, AND SO I REALLY, REALLY THINK THAT THE COMMUNITY IS THE BEST TO WATCHDOG FOR US. AND HAVING THE INPUT FROM THE PEOPLE THAT ARE LIVING THESE THINGS DAY TO DAY AND SEEING IT DAY TO DAY, UM, REALLY MAKES SENSE, UH, BECAUSE IT IMPACTS US, THEM AND US THE MOST. UM, POSSIBLY EVEN NEIGHBORHOOD DISPUTE PREVENTION, MEDIATION. I KNOW WE'VE, WE'VE TALKED ABOUT THAT PREVIOUSLY. UM, AND THEN PUBLIC AWARENESS CAMPAIGNS REGARDING, UH, FRAUD SCAMS AND CYBER CRIME. I MEAN, THE CITY DOES A GREAT JOB ABOUT IT, BUT THERE'S NOTHING BETTER THAN PEOPLE AND NEIGHBORS TALKING TO ONE ANOTHER, UM, ABOUT, YOU KNOW, TELEPHONE CALLS OR THE SCAM SCAMS THAT THEY'RE GETTING ON THEIR CELL PHONES, UM, ON A DAY TO DAY BASIS. SO SOME OF THE STUFF CAN BE REALLY EMERGING. I MEAN, YOU, YOU GET IT ONE MINUTE AND IT MIGHT POP UP ON YOUR, YOUR NEIGHBORS THE NEXT, YOU KNOW, FIVE MINUTES LATER. AND, UM, SO IT JUST KIND OF BOUNCES OFF. FLOCK CAMERAS WOULD BE SOMETHING, UH, THAT WOULD DEFINITELY WANT COMMUNITY FEEDBACK ON. UM, AND, AND I THINK THE, UH, PLATFORM TO HAVE THAT KIND OF VOICE AND CONCERNS TO BE WHERE, WHERE PEOPLE FEEL LIKE IT'S MORE OF A COLLABORATION RATHER THAN SOMETHING THAT'S KEPT IN THE DARK, UM, IS VERY BENEFICIAL FOR THE CITY. UM, THEY COULD ALSO REVIEW SOME OF THE ORDINANCES WE HAVE FOR PUBLIC HEALTH, SAFETY AND QUALITY OF LIFE, LIKE I'VE PREVIOUSLY MENTIONED. AND THERE ARE SIGNIFICANT GRANT OPPORTUNITIES OUT THERE FOR PUBLIC SAFETY INITIATIVES AND EQUIPMENT THAT, UM, I WOULD REALLY LIKE TO SEE, UM, SOME EFFORT BEHIND. WE DON'T HAVE THE STAFF, UM, OR THE COUNCIL MANPOWER TO DO THESE THINGS ON OUR OWN. AND IF WE HAD A, A GROUP OR A COMMITTEE, UM, THAT WAS DEDICATED TO QUALITY AND IMPROVEMENT, I THINK THAT, UH, WE ALL BENEFIT FROM IT. THANK YOU COUNCILOR CHA. UM, DO WE HAVE ANY OTHER QUESTIONS OF THAT BEFORE? UH, IS MR. READING, WILL HE BE SPEAKING? WELL, THE REASON I ASKED HIM HERE IS BECAUSE IF WE ARE ABLE TO FORM THIS COMMITTEE, I WOULD ACTUALLY ASK YOU TO BE ONE OF THE COMMITTEE MEMBERS. UH, AND, AND, UH, I MEAN, YOU, YOU HAVE A KEEN EYE OF WHAT'S GOING ON AND MAYBE A LITTLE BIT MORE EXPERIENCE THAN MOST OF US DO, UNFORTUNATELY. YEAH. I DON'T, I CAN'T BUY TONGUE. YEAH, NO, WE DON'T NEED FOR THESE KIND OF THINGS. WE DON'T NEED PEOPLE THAT BITE THEIR TONGUES, . WELL, AND I HAVE, I MEAN, I'VE NOTICED THAT. SO IN MR. REEDY YEAH, I'VE SEEN THE, I'VE SEEN SEE MORE THINGS HAPPENING. MR. REEDY, FORGIVE ME. YOU, YOU, CAN YOU COME TO THE CAM, THE MIC? I DO NOTICE A DIFFERENCE SINCE YOU'VE BEEN HERE, BUT IT'S, IT STARTS IN OUR HIGH SCHOOL. IT'S BAD. [04:40:01] AND I, I MEAN, IT WAS RIGHT ACROSS FROM THE EMERGENCY ROOM OR THE ELEMENTARY SCHOOL. MY FRESHMAN TELLS ME DAILY, SHE DOESN'T WANT TO COME BACK HERE NEXT YEAR. THAT KILLS ME. IT'S BEAUTIFUL. I LOVE LIVING HERE. MY OLDEST, HE'S HOME. THAT'S ANOTHER STORY. BUT MY DAUGHTER DID TELL ME THAT. IT'S JUST CRAZY THAT SHE CAN SEE IT IN THE SCHOOL'S IN THE CAFETERIA. OUR SRO IS STANDING RIGHT THERE. THAT'S A PROBLEM. AND BEFORE I WAS KIND OF QUIET, I DIDN'T THINK IT WAS A BIG DEAL. IT IS. AND I'VE TOLD HIM AND HE SAID, WELL, I WANNA MAKE FRIENDS WITH HIM. AND AS I TALKED TO OFFICER FRANCO ABOUT IT, THE SCHOOL DISTRICT ASKED THEM TO PULL OUT DRUG ENFORCEMENT OUTTA THE SCHOOL, LET THE ADMINISTRATORS HANDLE IT. AND WITH THE PRIVATE ENTITY OF THE SCHOOL DISTRICT, THEY'RE ALLOWED TO TELL YOU THAT. BUT I'M PRETTY SURE YOU KNOW THAT THERE'S WAYS TO OVERSEE THAT. I DIDN'T, WHEN I WENT TO HIGH SCHOOL IN WESTWOOD, I WAS SCARED TO DEATH OF WILLIAMSTON COUNTY 'CAUSE THEY WERE THERE. THEY'RE IN THE HALLWAYS. THIS GUY'S NOT DOING ANYTHING. THAT'S A PROBLEM. AND I TRY NOT TO SPEAK TO IT. HAD A PROBLEM IN BARQUET AREA. ONCE THE POLICE DEPARTMENT, WITHIN A WEEK, THINGS CHANGED. NO, WE'LL JUST CALL 'EM THE WALKERS. I THINK ANYBODY, LAGO VISTA KNOWS WHO THEY ARE. MM-HMM . THEY'VE DISAPPEARED. THE KIDS ARE PLAYING IN THE STREET AGAIN IN FRONT OF MY HOUSE. THAT'S CHANGE. BUT THE HIGH SCHOOL IS WHERE IT'S STARTING. WHATEVER IT'S, WHETHER IT'S A PARENT, WHETHER IT'S A KID, WHATEVER IT IS, THERE'S YOUR HOTBED. I KNOW IF I WENT INSIDE OF SCHOOL, I COULD SEE IT. WE CAN SEE IT IN THE STREET AND AT SCHOOL. IF IT'S, IF THEY'RE GONNA PUSH IT UNDER THE RUG AND HIDE IT, WHAT CAN WE DO ABOUT THAT? JUST, JUST TELL THE ADMINISTRATORS IT'S OKAY. TO ME THAT'S A BIGGER PROBLEM. TALKED TO SUPERINTENDENT THAT RETIRED. HE FORMALLY APOLOGIZED AND ADMITTED. WHAT HAPPENED TO MY SON WAS THE SCHOOL DISTRICT'S FAULT. OUR NEW SUPERINTENDENT SMILED IN MY FACE AND PULLED A NOTEPAD OUT AND SAID, WHO ARE YOU? SO WHAT DO I DO? YOU KNOW? AND I FEEL THAT YOU BEING HERE DOES MAKE A BIG DIFFERENCE, BUT THERE'S MORE TO DO. SO I DO BELIEVE THAT THIS IS GREAT. IT'S A GREAT IDEA. IT'S A GREAT IDEA. 'CAUSE THE BEST WAY TO GET FEEDBACK IS FROM THE CITIZENS. I KNOW FOR A FACT THAT THERE'S PLENTY OF US OUT HERE THAT SPEAK. A LOT OF 'EM DON'T COME TO THESE MEETINGS. I'M JUST OFF OF WORK. I KNOW THEY'RE NOT GONNA COME IN HERE, BUT I HEAR IT. TALK TO MY NEIGHBORS. I TELL YOU STORIES FOR DAYS. SO I DID NOTICE A DIFFERENCE WHEN I, YOU KNOW, TALKED ABOUT JUST WITH THE STREETS AND ALL THAT. BUT IF I COULD ASK ANYTHING, IS FIGURING OUT WHAT WE CAN DO TO GET A LITTLE BIT MORE PUSHBACK AT THE SCHOOL AND FIGURE OUT WHAT'S REALLY GOING ON WITH THE ADMINISTRATION ABOUT IT. BECAUSE I THINK IT'S BIGGER THAN THE HIGH SCHOOL KIDS. I REALLY DO. BUT THAT'S WHAT I GOT. SO THANK YOU. THANK YOU, CHARLES. AND, AND I'LL SAY THAT IT'S NOT JUST A HIGH SCORE, IT WAS LIKE, MY SITUATION WAS LITERALLY WALKING AND, AND CHIEF JOY, THANK YOU SO MUCH. 'CAUSE YOU WERE ACTUALLY OUT THERE DOING THE STREET CLEANUPS. BUT ON THOSE DAYS TOO, WITH KLVB MINE, MINE HAPPENED. I THINK REGIME CHANGES. WHAT'S, AND YOU NOTICED IN JUST LAST NIGHT ESPECIALLY, I NOTICED SOME WILD STUFF WITH THE FLAME THROWER AT BURGER BAR, THAT WAS CRAZY MM-HMM . AND AT THE SAME TIME, I, NOW WE HAVE A BIG POLICE PRESENCE AROUND THAT AREA. YOUR OFFICER'S WALKING INTO CVS TO CHECK ON THE GIRL THAT WORKS THERE. THAT'S THE KIND OF STUFF THAT GETS YOUR COMMUNITY TO TRUST YOU. AGAIN, I'VE BEEN OUT HERE FOREVER, BUT I KNOW THAT NOBODY TRUSTS THE POLICE OUT HERE. THAT'S, THANK YOU, MR. SO I APPRECIATE IT. YEAH, THANK YOU. THANK YOU. THANK YOU. AND I, I'LL DEFINITELY SAY THAT TOO. THAT'S SOME OF THE FEEDBACK THAT I'VE BEEN GETTING FROM THE CITIZENS IS, IS, UH, YOU KNOW, THAT CHANGES IS HAPPENING, UM, BUT THERE'S STILL A LOT OF TRUST, UH, ISSUES. AND I THINK THE COLLABORATIVE EFFORT, UM, IN CREATING SOMETHING LIKE THIS, EVEN THOUGH IT'S AN ADVISORY CAPACITY ONLY, UM, YOU CAN BRING THINGS TO LIGHT THAT, THAT MAYBE IS, IS GETTING OVERLOOKED OR, YOU KNOW, AND I, I WOULD REALLY HOPE THAT THIS WOULD, UM, YOU KNOW, GET UNANIMOUS SUPPORT. SO WE'LL SEE HOW IT GOES. ALRIGHT. SO WITH THAT, I'LL BRING IT BACK TO COUNSEL, UM, UH, FOR FURTHER DISCUSSION. UM, COUNCILOR PRINCE, WELL, MY MAIN THING IS CHIEF, I'M, I'M VERY INTERESTED IN HEARING YOUR THOUGHTS ON THE MATTER. UM, YOU KNOW, WHETHER YOU HAVE SUGGESTIONS FOR YOU, TOTALLY AGREE WITH THIS, UH, OR YOU HAVE ALTERNATE SUGGESTIONS OR WHAT WOULD BE MOST HELPFUL TO YOU IN TRYING TO HELP US MOVE THIS COMMUNITY IN THE DIRECTION THAT WE WANT IT TO GO. THANK YOU FOR ASKING. UH, MS. JABRI AND I VISITED ABOUT THIS TOPIC BEFORE SHE BROUGHT IT, AND I THANK HER FOR GIVING ME A HEADS UP. UM, SO THIS IS NOT SOMETHING UNIQUE TO OUR COMMUNITY. THIS KIND OF ADVISORY COMMITTEE EXISTS IN OTHER ORGANIZATIONS, OTHER TOWNS, ESPECIALLY LARGER ONES. UM, THE THING THAT I WOULD FEAR IS WHAT WE SEE IN AUSTIN, THEY'VE MORPHED FROM MORE OF AN ADVISORY COMMITTEE TO SOMETHING ELSE. SO I WOULD HOPE THAT IT WOULD STAY AS AN, AS AN ADVISORY COMMITTEE. UM, I THINK ANY KIND OF, UH, INPUT IS GOOD FOR [04:45:01] US. UM, AND SO I'M ALREADY DOING THIS AS MUCH AS I CAN. I'VE MET THIS JUST THIS WEEK. I'VE MET WITH THREE DIFFERENT CITIZENS ON FLOCK. UM, I'VE MET, UH, NUMEROUS TIMES WITH THE PRINCIPALS AND, UH, THE DR. KEAN, UH, JUST A COUPLE OF WEEKS AGO, I SAT DOWN AND VISITED WITH THE PRINCIPAL CASTILLO AND, UH, AND SLO, UH, SPECIFICALLY ABOUT OUR SRO PROGRAM AND WHAT WE WOULD BOTH LIKE TO SEE IT, UH, BECOME. AND SO, UH, WE'RE MAKING PROGRESS, BUT THE MORE INPUT THAT I CAN GET ABOUT WHAT'S GOING ON AND WHAT THE CONCERNS OF THE, OF THE CITIZENS IS ALWAYS BETTER. SO I HAVE NO ISSUES WHATSOEVER WITH AN ADVISORY COMMITTEE AND GETTING AS MUCH INPUT AS WE CAN. UH, THAT'S THE, THAT'S THE REASON AS, AS MOST OF YOU KNOW, THAT'S THE REASON I'M HERE, IS BECAUSE I WANNA MAKE THE COMMUNITY BETTER. UM, AND SO ANY, ANY HELP THAT I CAN GET DOING THAT WOULD BE GREAT. MAY I ASK? OKAY. THANK YOU. YES. UH, COUNCILOR VEN. SO, UH, FOR CHIEF AND COUNCILOR CHAVARRIA, WHAT WOULD BE, THIS IS A LONG LIST HERE, BUT WHAT IN YOUR MIND WOULD BE THE TOP THREE TO FIVE PRIORITY AREAS YOU'D WANT SUCH AN ADVISORY COMMITTEE TO MAYBE FOCUS ON FIRST, LIKE, TO GET YOU GUYS THOUGHTS ON THAT? SO, UH, IT'S ALWAYS GOOD TO HAVE CITIZEN INVOLVEMENT ABOUT WHERE AND WHEN CRIMES ARE HAPPENING. MANY, MANY TIMES. OUR OFFICER, EVERYTHING THAT SHE MENTIONED, WE'VE, WE'VE FACED JUST IN THE LAST FEW WEEKS MM-HMM . UH, FROM PEOPLE GETTING SCAMMED ON PHONES. THAT'S HAPPENED TWICE IN THE LAST TWO WEEKS. JUST THE, WHAT I, WHAT I KNOW OF THAT WE'VE TAKEN REPORTS ON. UM, SO OBVIOUSLY THE FLOCK IS A CONCERN HERE. AND SO I, I THINK THERE'S PLANS FOR ME TO ADDRESS THIS IN A TOWN HALL MEETING SOON. UM, BUT THAT'S SOMETHING THAT I'M ADDRESSING. UH, WHEN CITIZENS CALL THE, THE CITIZEN EARLIER WHO HAD A, A QUESTION ABOUT FLOCK. I GAVE HER MY CARD AND SAID, PLEASE CALL AND MAKE AN APPOINTMENT. UM, BUT THE, THE ONE THING THAT WE CAN'T KNOW IS EVERYWHERE THAT THE, THE DRUGS ARE POSSIBLY FLOWING, UH, THAT'S WHERE WE NEED PEOPLE TO, IN, TO INFORM US WHERE THOSE ARE AT SO THAT WE CAN ENGAGE BETTER. AND SO HAVING PEOPLE THAT KNOW WHAT'S GOING ON, UH, WOULD BE VERY, VERY HELPFUL. UH, A LOT OF TIMES WE GET CALLED TO, UH, A PROBLEM. FOR EXAMPLE, THE E-BIKES, WHICH WE ARE DOING SOME EDUCATION MATERIAL NEXT WEEK, WE'RE PRESENTING THAT, AND THAT'LL BE PUSHED OUT SOCIAL MEDIA VERY SOON. UM, SO WE'RE DOING A LOT OF THOSE THINGS THAT SHE SAID, WE'RE ALREADY DOING THAT. UH, BUT GETTING MORE INFORMATION IS ALWAYS BETTER. I'M, I'M NOT OPPOSED TO THAT. SO WHAT ARE THE, WHAT ARE THE HIGH POINTS? TO ME, OUR MOST, UH, CRITICAL ELEMENTS IN THIS COMMUNITY ARE OUR CHILDREN. OUR MOST PRECIOUS ELEMENT IS OUR CHILDREN. SO WHATEVER WE CAN DO TO INCREASE THEIR SAFETY ON E-BIKES, INCREASE THEIR SAFETY ABOUT DRUG AWARENESS, WE'RE GONNA START THE DARE PROGRAM AGAIN, WHICH HAS BEEN ABSENT FOR THE LAST FEW YEARS. WE'RE GONNA START THAT AGAIN. UM, AND, AND THEN, UH, GETTING THE, UM, SROS, UH, MORE TRAINING. THEY'RE GONNA, THEY, WE'VE ALREADY SCHEDULED THEM FOR MORE TRAINING THIS SUMMER, UH, WHEN THE SCHOOL'S LET OUT, WE'VE GOT OUR, UH, ACTIVE SHOOTER EXERCISE, UH, THAT IS GONNA BE DONE IN JUNE, UM, WITH A MULTI-AGENCY RESPONSE WITH TRAVIS COUNTY, DPS, UH, FIRE AND EMS, UM, JONESTOWN, UH, AND US. AND SO, UM, TO ME, THE, THE, THE ONES THAT I THINK THAT WE ARE IN THE MOST DANGER ARE OUR CHILDREN. AND SO WE NEED TO DO EVERYTHING WE POSSIBLY CAN FROM A DRUG STANDPOINT, FROM A SAFETY ON THE ROADWAY STANDPOINT, UH, TO, TO MAKE THEM SAFE, TO MAKE OUR, OUR SCHOOL SAFE, GET OUR SROS. THEY, THEY ARE EQUIPPED, THEY'RE HP 33 REQUIRED MINIMUM STANDARDS FOR THE SCHOOLS. WE HAVE THOSE. UH, I'VE JUST RECENTLY THIS WEEK BOUGHT MORE EQUIPMENT, UH, BECAUSE THE MINIMUM STANDARDS ARE NOT SUFFICIENT FOR ME. UH, I WANNA BE EVEN MORE EQUIPPED. SO WE WILL HAVE, UH, THE BREACHING TOOLS, FOR EXAMPLE, IN EVERY SINGLE SERGEANT'S CAR BECAUSE THEY'RE ON SHIFT ALREADY. UH, SO WE'LL HAVE THOSE MORE AVAILABLE. UM, SO IF YOU'RE ASKING ME WHAT OUR, WHAT'S, WHAT'S MY BIGGEST PRIORITY OVER THAT LIST? IT'S OUR CHILDREN. THANK YOU. YEAH, AND I'LL, I'LL REITERATE THAT WAS MINDSET AS WELL WAS, UM, ESPECIALLY AROUND E-BIKES, THERE'S BEEN A LOT OF TALK ABOUT 'EM, THERE'S ABOUT THE DIFFERENCES BETWEEN WHAT'S, UM, YOU KNOW, WHAT'S SAFE, UH, VERSUS WHAT'S E-BIKE, WHAT'S EMO, WHAT WOULD BE A SAFE PROCESS TO POSSIBLY EVEN, UM, DO A REGISTRATION THAT WOULD HELP WITH THEFT PREVENTION. UM, YOU KNOW, MAKE IT A FREE REGISTRATION OR A DOLLAR FOR WHATEVER IT WAS FOR REGISTER BIKE WITH THE CITY. UM, THAT WAY YOU COULD GET THE SERIAL NUMBER, SO IF IT WAS STOLEN OR WALKS OFF, YOU CAN REPORT IT TO ANY OF THE, UH, PAWN SHOPS LOCALLY AND KIND OF TRACK THAT. UM, WE WERE JUST SOME, YOU KNOW, GENERAL RECOMMENDATIONS. BUT I THINK THE BROADER THOUGHT WAS, UM, YOU KNOW, NOT TO REALLY LIMIT IT, BUT TO GIVE THEM FO GIVE THEM SOME FOCUS ITEMS AT FIRST [04:50:01] AND THEN SAY, OKAY, ONCE WE GET THESE THINGS TACKLED AND AN ORDINANCE OR RECOMMENDATIONS FOR ORDINANCES OR CHANGES OR THINGS, UM, THEN WE CAN GO ON TO THE NEXT, THE NEXT, YOU KNOW, THE NEXT HIGHEST THING. UH, IN REGARDS TO YOUR CONCERN, ABSOLUTELY. IN THE ADVISORY BOARD, I'VE SEEN THESE THINGS GO BECOME UNHINGED VERY QUICKLY, WHERE PEOPLE THINK THAT THEY'RE, YOU KNOW, THEY THINK IT'S THE WALL, WALL WEST, AND AUTOMATICALLY THEY THINK THEY CAN START DOING THE CITIZENS ARREST. UM, SO THERE WOULD ACTUALLY, YOU KNOW, THERE'D BE SIGNIFICANT LANGUAGE REGARDING THESE TYPES OF COMMITTEES AS TO, UM, WHAT THEIR SCOPE AND LIMITATIONS ARE. UM, AND THAT IT WOULD BE AN ADVISORY ROLE ONLY IF THEY CAN'T SEE PERCEIVED ANY TYPE OF LAW. THEY CAN'T ENFORCE ANY LAW THERE. I MEAN, SO, UM, BUT YES, I, I THINK THAT WE NEED SOMETHING FOR OUR CITIZENS THAT'S PUBLIC FACING THAT ENGAGES THEM WITH THE POLICE DEPARTMENT AND EVEN WITH, UM, OUR ESD. SO, UH, THEY FEEL LIKE THEY'RE NOT OUTSIDERS, BUT THEY'RE COLLABORATING, YOU KNOW, MEMBERS OF, OF THE COMMUNITY WITH YOU. UM, BECAUSE I, I THINK THAT, UH, IT IS GREAT HAVING A POLICE FORCE, BUT, UH, YOU KNOW, THE, THE FIRST POLICE IS, UH, OUR PARENTS, RIGHT? YOU KNOW, WE'RE THE, WE'RE THE FIRST POLICE OF OUR CHILDREN. UM, SO IF WE'RE NOT POLICING THEM PROPERLY, AND SOME, SOME OF US DON'T KNOW HOW TO POLICE 'EM PROPERLY, THAT'S WHEN THE POLICE COME IN AND HELP US OUT. SO I THINK THESE, THESE EFFORTS, UM, UH, I THINK IT ALL WOULD, WOULD HELP THE, THE, THE FACE OF LAGO VISTA REGAIN SOME OF THE TRUST THAT HAS BEEN LOST OVER THE YEARS. SO I, BUT I ALSO WANNA RECOMMEND YOU BECAUSE YOU'VE, WE'VE REALLY CHANGED THINGS VERY QUICKLY, , AND I HOPE TO SEE THE, THE, UH, PROGRESS. YES, WE'RE NOT WHERE WE NEED TO BE, BUT WE'RE IN HEADING IN THE RIGHT DIRECTION. COUNSELOR COUNCILOR HALL. I LOVE THE IDEA OF THE, UH, COMMITTEE AND, AND, UH, UH, AS, AS ORIGINALLY DESCRIBED, THAT WAS SUCH A HUGE, UH, YOU KNOW, MASSIVE AREA, UH, THAT, UH, CITIZENS COULD, UH, POTENTIALLY, UH, GET LOST IN. BUT I, I DO LIKE THE IDEA OF, OF, OF, OF A FOCUS, AND I CERTAINLY AGREE WITH THAT. UH, THE CHILDREN ARE, YOU KNOW, I AGREE THAT'S A HUNDRED PERCENT, THAT'S, THAT'S OUR BIGGEST, UH, UH, RESPONSIBILITY AND CONCERN AS A COMMUNITY, AS PARENTS, UH, AND WOULD, WOULD LOVE TO SEE THE COMMITTEE FOCUS ON THAT. AND EVEN FLOCK CAMERAS CAN, CAN WEIGH INTO, TO, TO THAT SUBJECT AREA. SO, UH, SO, UH, IT, IT'S, IT'S BROAD ENOUGH THAT I'M NOT SURE THAT WE WILL EVER, UH, SOLVE THAT AS A, OKAY, WELL, WE'RE DONE. WE, WE DON'T NEED ANY MORE COMMUNITY INPUT ON THAT. I THINK THAT'S JUST A, WILL BE AN ONGOING, UH, SHOULD BE AN ONGOING FOCUS. I'M SORRY, LET ME JUST ASK REAL QUICK, COUNCILLOR, SHE, AND I'LL COME RIGHT BACK TO YOU. SURE. UH, DOES ANYBODY ELSE HAVE A COMMENT BEFORE SHE DOES? ALL RIGHT, GO AHEAD, AHEAD. MY LAST COMMENT, UM, ON THIS IS THAT, UH, THIS WASN'T GONNA BE A SUBCOMMITTEE. IT WASN'T GONNA BE SOMETHING THAT WAS GOING TO BE LIMITED TO A, A SMALL TERM. THIS WAS DEFINITELY GONNA BE AN ONGOING THING. I JUST THINK THAT CERTAIN TOPICS COULD GET LAID TO REST, YOU KNOW, SUCH AS E-BIKE ORDINANCES AND BASICALLY JUST FOLLOWING STATE LAW RECOMMENDATIONS, BUT GETTING IT OUT THERE AND GETTING NO PUBLIC AWARENESS OUT THERE. UM, AND, AND THEN OF COURSE THERE'S GONNA BE CONTINUING EDUCATION AND, AND THINGS THAT IDENTIFIED PUBLIC SAFETY WISE. I MEAN, UM, BLIND SPOTS ON ROADS, UM, BLIND TURNS THAT ARE GONNA NEED, YOU KNOW, THINGS THAT, THINGS THAT INDIVIDUAL CITIZENS NOTICE ON A DAY TO DAY, UM, YOU KNOW, CERTAIN, YOU KNOW, LIGHTS OR YOU KNOW, SOMEBODY KNOCKED DOWN OR CUT DOWN FIVE TREES AND NOW YOU CAN'T SEE AT FIVE O'CLOCK AT NIGHT OR SIX O'CLOCK AT NIGHT WHEN THE SUN'S GOING DOWN. YOU TAKE A, YOU TAKE A LEFT. WHAT ARE YOU GONNA DO ABOUT THAT OR WHAT THE RECOMMENDATION WOULD BE? SO, UM, YES, IT'S GONNA BE AN ONGOING THING, BUT THAT'S WHY, THAT'S WHY I DIDN'T WANNA PUT A LIMITATION ON IT. IT'S KIND OF GIVES A BROAD RECOMMENDATION ON PUBLIC SAFETY, BUT PUBLIC SAFETY IS SO BROAD THAT THINGS CAN GET LOST. AND I THINK THAT'S WHY IT'S IMPORTANT TO KIND OF LIKE, SET AN AGENDA FOR THESE COMMITTEES, UM, PRIOR, LIKE, PRIORITIZE THINGS IN FROM THE BEGINNING AND UNTIL IT, UM, BROADENS OUT A LITTLE BIT MORE. ALL RIGHT. DOES ANYBODY ELSE HAVE SOMETHING THEY WOULD LIKE TO SAY? THIS IS A WORKSHOP ITEM. ALL RIGHT, WELL, I WILL GO AHEAD AND SAY, UM, YES. UM, MAYOR SOM HAS BEEN TRYING TO DO SOMETHING SIMILAR, UM, FOR QUITE A WHILE. IN FACT, UM, THERE WAS, UH, EXTENSIVE WORK BEGUN ON IT. UM, THEN IT GOT A LITTLE BIT TOO BROAD MM-HMM . AND IT KILLED THE COMMITTEE. SO, YOU KNOW, HAVING A SPECIFIC FOCUS IS HELPFUL. UM, THE BIGGEST, UH, CONCERN THAT WAS THERE THAT I, THAT WAS, UM, REVEALED IN THE RESEARCH WAS THAT IT WAS EXPLICITLY STATED IN THE SUBCOMMITTEE CHARTER THAT THERE IS NO OPERATIONAL COMMAND THAT, UM, [04:55:01] THIS IS STRICTLY AN ADVISORY COMMITTEE, ET CETERA. SO IT WAS IN THAT PROTOCOL. SO I WAS GONNA SAY, IF YOU WANTED TO, UM, BRING THIS FORWARD IN THE FUTURE, THAT THAT WAS, THOSE TWO THINGS WERE THE ITEMS THAT WE, UH, ENDED UP STOPPING THE INITIAL EFFORTS FROM BEFORE. UH, THAT AND JUST, YOU KNOW, AGAIN, YOU KNOW, ENSURING THAT, THAT IT FITS WITHIN THE STAFF TIME WITH NOT A LOT MORE, UM, JUST TO MAKE SURE WE'RE NOT DRAINING SOMETHING ELSE. RIGHT. RIGHT. MM-HMM . SO, UM, I THINK IT'S A, A NEAT IDEA. AND LIKE I SAID, UM, ACTUALLY MAYOR SAW WITH THE EFFORTS THAT HE DID IN BRINGING NARCAN HERE. YES. UM, AND ANY OF THAT INITIAL RESEARCH, YOU KNOW, I KNOW THAT HE OR I WOULD BE HAPPY TO CONVEY AS YOU WENT DOWN THAT ROAD. UM, SO, UH, LIKE I SAID, THIS IS A WORKSHOP. UH, DID YOU GET, UH, ANY FEEDBACK THAT YOU WANTED? I MEAN, UM, MR. REEDY, THANK YOU FOR COMING AND STAYING ROOM TO LISTEN FOR THIS TOPIC. UM, I, I WOULD JUST KIND OF, I, I KNOW IT'S NOT SOMETHING WE CAN VOTE ON, BUT I JUST KIND OF WANNA GET A FEEL AS TO, I MEAN, I POSTED THIS ON THE DISCUSSION BOARD AND I REALLY WANT SOME FEEDBACK ON THIS, UH, SO I CAN, YOU KNOW, MAKE, EVENTUALLY BRING THIS FORWARD AGAIN. BUT I WAS KIND OF JUST WANTING TO KIND OF GET Y'ALL'S APPETITE ON IT. AND THEN IF Y'ALL WANTED TO NARROW DOWN THE SCOPE YET, LIKE WHAT WOULD YOU RECOMMENDATIONS BE ON, ON THE ITEMS? AND EVEN IF IT WAS YOU WANTED TO LEAVE THE SCOPE BROAD THAT YOU WANTED TO, YOU KNOW, FOCUS ON, SAY, IN THE FIRST THREE MEETINGS OR SOMETHING, YOU KNOW, KIND OF, KIND OF GIVE US AN IDEA OF WHAT THOSE PRIORITIES WOULD BE. WE'VE ALREADY IDENTIFIED SEVERAL WITHIN THE COMMUNITY, WHICH WOULD PROBABLY NEED TO BE TACKLED PRETTY QUICKLY. UM, ESPECIALLY WITH, UH, BICYCLE ORDINANCES. MM-HMM . UM, AND, UH, AS, AS WELL AS, YOU KNOW, LIGHTS, REFLECTORS AND, AND DIFFERENT THINGS, SPEED LIMITS, WHATNOT. UM, BUT YEAH, SO, SO I, THAT'S WHY I POSTED ON, ON THE, I POSTED IT LATE TODAY BECAUSE I'VE BEEN MULLING IT OVER ON HOW TO WORD THIS. AND I DIDN'T WANNA LIMIT IT AND JUST PUT, YOU KNOW, MAKE IT A SUBCOMMITTEE BECAUSE IT'S NOT SOMETHING THAT'S, UH, IT'S GOING TO SOMETHING THAT'S GONNA BE KIND OF ONGOING. I MEAN, THE COMMUNITY SHOULD, COMMUNITY IS GONNA CHANGE. IT'S GONNA GROW AND THE NEEDS ARE GONNA CHANGE. AND LUCKILY, OR IF WE IDENTIFY THESE HOTSPOTS OF DRUG ACTIVITY AND WE START TO SEE A DECREASE OR ERADICATION, OUR FOCUS CAN BE MOVED ELSEWHERE TO OTHER TOPICS. SO I DIDN'T REALLY WANNA PUT THAT KIND OF LIMITATION ON THERE. UM, AND WHEN I TALKED TO CHIEF JOY ABOUT THIS, IT WAS MORE OF A, YOU KNOW, ONCE A MONTH KIND OF THING WHERE IT WOULDN'T, UM, ENCOMPASS A TON OF STAFF TIME. IT WAS MORE OF JUST A REPORTING, LIKE A REPORTING STRUCTURE AND THEN, UM, RECOMMENDATIONS TO TAKE BACK TO COUNSEL, UM, REGARDING CONFLICTING ORDINANCES OR RECOMMENDATIONS OR IDENTIFIED AREAS OF IMPROVEMENT. UM, SO IT, I WOULD SEE THAT IT WOULD HAVE MINIMAL IMPACT ON, ON STAFF. UH, AND ACTUALLY I THINK IT WOULD ACTUALLY BE BIT MORE BENEFICIAL BECAUSE IT WOULD JUST BRING IT ALL INTO ONE MEETING RATHER THAN HIM HAVING TO GO OUT AND MEET INDIVIDUALLY, UM, WITH WHAT, NOT TO SAY THAT THOSE AREN'T GREAT THINGS. 'CAUSE I, I MEAN, COMMUNITY, COMMUNITY POLICING IS, IS, UH, SOME GREAT WORK. BUT IF YOU HAD A, YOU KNOW, A, A GROUP OF, YOU KNOW, INDIVIDUALS THAT HAVE ALREADY IDENTIFIED THESE ISSUES AND THEY CAN COME TOGETHER IN ONE PLACE, I THINK THAT WOULD HELP MINIMIZE, UH, YOU KNOW, THE TIME THAT YOU SPEND OUT THERE. THANK YOU. COUNCILOR. RIA. UM, I, FOR ONE, I THINK, UM, YOU KNOW, GOING AHEAD AND HAVING, UM, COUNCIL, I MEAN, UNLESS I HEAR SOMETHING DIFFERENT UP HERE, UH, GO AHEAD AND PUT SOME ITEMS ON THE FORUM THERE. AND LIKE I SAID, THERE WAS OTHER STUFF THAT WAS ALREADY OUT THERE, YOU KNOW, THAT WOULD BE HELPFUL POTENTIALLY ON THIS. AND THEN, UM, MAYBE IN THE FUTURE GO AHEAD AND KIND OF FORM UP A CHARTER. MAYBE THAT WOULD BE, I, I ALREADY DRAFTED ONE, BUT I WANTED TO SEE WHERE THE STUFF, UH, WHERE COUNCIL'S DIRECTION AND MIND WAS, UH, GOING ON SOME OF THE TOPICS. SO THAT'LL HELP ME FOCUS AND NARROW IT DOWN. BUT I'VE ALREADY, UM, DRAFTED A, A PRETTY SIGNIFICANT ONE. I KNOW. UM, WE WANTED TO KEEP IT KIND OF, UM, SHORT, SO I'M TRYING TO SHORTEN IT DOWN TO MAKE IT EASIER FOR, FOR EVERYONE. 'CAUSE I, I, I STARTED OUT WITH SEVEN PAGES AND I WAS PRETTY LENGTHY. AND SO I'M, I'M DOWN TO TWO AND A HALF RIGHT NOW. , UH, THIS ONE DESERVES A LITTLE ATTENTION FOR THE VERY REASON THAT WE'RE TALKING ABOUT, SO THAT WE CAN, UH, DEFINITELY KEEP THE SCOPE, UH, WITHIN BOUNDS, UH, COUNCILOR PRINCE. YEAH, I WOULD JUST SAY MY OBSERVATION OF COMMITTEES THAT WORK IN THE CITY ARE WHEN THE STAFF MEMBER FEELS LIKE THIS IS A HELPFUL ACTIVITY MM-HMM . IF IT IS JUST A COMPLETE BURDEN TO THE STAFF MEMBER, IT'S A WASTE OF EVERYONE'S TIME, INCLUDING THE CITIZENS THAT ARE ON THE COMMITTEE. MM-HMM . RIGHT. AND SO FOR ME, THE MOST IMPORTANT THING IS [05:00:01] SAY WE POTENTIALLY SAY WE WANNA, WE WANNA FORM A COMMITTEE, IT'S ADVISORY ONLY, NO OPERATIONAL, AND, UH, STAFF AND THE COMMITTEE WILL WORK TOGETHER TO CHOOSE WHICH TOPICS THEY TALK MM-HMM . AND SO, AND LEAVE IT AT THAT MM-HMM . YOU KNOW, NOT, NOT GET INTO THE, AND, AND THEY NEED TO TALK ABOUT THIS TOPIC AND THIS TOPIC AND, YOU KNOW MM-HMM . JUST, SO I WOULD SAY YOUR LANGUAGE COULD BE ONE PARAGRAPH, YOU KNOW, A QUARTER OF A PAGE MM-HMM . AND TO ME THAT WOULD BE MORE APPROPRIATE. AND THEN, UM, HAVE THE, HAVE THE CHIEF WORK WITH, UM, WHOEVER, YOU KNOW, HELPING TO CHOOSE THIS COMMITTEE. IN THE, IN THE CASE OF MOST OF OUR COMMITTEES, WE SAY, OH, WE'RE GONNA APPOINT SEVEN PEOPLE. IT MAY BE THAT IN THIS CASE, UM, THE MORE, THE BETTER. I, I, YOU KNOW, I DON'T KNOW WHAT THE RIGHT THING IS, BUT THIS IS KIND OF A DIFFERENT, A DI IT FEELS LIKE A DIFFERENT COMMITTEE THAN ANY OTHER COMMITTEE WE HAVE. AND SO I GUESS I WOULD SUGGEST THAT MAYBE, UM, THAT, UH, YOU AND THE CHIEF AND MAYBE YOU PICK ONE OR TWO CITIZENS AND JUST KIND OF GET YOUR HEADS TOGETHER ON MM-HMM . HOW TO STRUCTURE IT AND WHAT TO DO WITH IT, BUT THEN KEEP THE, THE DESCRIBING LANGUAGE REALLY LIGHTWEIGHT. MM-HMM . YEAH. COUNCIL HALL. UH, ONE MORE THING. I, YEAH, I THINK IT WAS REFERENCED THAT OTHER COMMUNITIES HAVE SUCH A, A COMMITTEE. IF THERE'S ANY GOOD EXAMPLES OF ONE THAT ONES THAT REALLY WORK, MAYBE, MAYBE THAT WOULD BE, UH, USEFUL FOR OUR CONSIDERATION. UH, I'VE BEEN ON A COUPLE OF THEM, UH, OVER TIME. UH, SO I UNDERSTAND, UH, THAT'S WHY I WAS SAYING THAT, YOU KNOW, THERE'S BEEN A FEW WHERE THEY'VE KIND OF GONE OFF THE HANDLE, UM, AND LITERALLY, LITERALLY THOUGHT THAT THEY BE, THEY CAME DEPUTIZED OVERNIGHT APPARENTLY. SO, UH, SO, UM, SO YEAH, THERE, THERE'S, THERE'S BEEN GOOD EXAMPLES AND BAD EXAMPLES OF THIS DONE. UM, AND UH, I'M SURE WITH CHIEF JOY'S, UH, UM, YOU KNOW, FORWARD THINKING THAT, THAT WE CAN PREVENT A LOT OF THAT BY JUST SETTING OUT, YOU KNOW, CLEAR EXPECTATIONS, UM, AND HOW TO DO THIS CORRECTLY, UH, TO WHERE IT BENEFITS THE POLICE DEPARTMENT AND THE COMMUNITY THE MOST. I MEAN, WE WE'RE NOT WANTING TO JUST BE A BURDEN AND, AND JUST WASTE TIME IF, UH, NOTHING HAS, IF IT'S NOT, IF IT'S NOT BENEFICIAL TO YOU. UM, WE ALSO DON'T WANT IT TO TURN INTO JUST A POLICE BASHING COMMITTEE OR DEPARTMENT. UM, THIS IS SUPPOSED TO BE A COLLABORATIVE EFFORT TO BETTER THE COMMUNITY. AND THAT'S ALWAYS BEEN A FEAR OF CREATING SOMETHING LIKE THIS. SO WE HAVE TO BE CAREFUL OF HOW MANY PEOPLE WE DO ALLOW. AND OF COURSE WE ALWAYS WANT CITIZEN INVOLVEMENT, BUT IF IT BECOMES TOO BURDEN BURDENSOME, THEN I WOULD HOPE THAT YOU WOULD, UM, YOU KNOW, APPROACH COUNSEL AND SAY, HEY, THIS IS NO LONGER BENEFICIAL TO US. THIS IS ACTUALLY CAUSING MORE, MORE PROBLEMS. THANK YOU. ANY OTHER COMMENTS? I THINK YOU GOT SOME DIRECTION. COUNSELOR CHA. GOOD DEAL. ALRIGHT, SO I'M GONNA GO AHEAD AND GET TO, UM, [IX.2. Discussion regarding permitting cost & delays at the request of Pendora Homes, LLC.] 9.2. UM, NOW I BELIEVE, UM, IS IT LATOYA AND MARIO? ARE Y'ALL, 9.2 IS DISCUSSION REGARDING PERMITTING COST AND DELAYS AT THE REQUEST OF PANDORA HOMES? IS THAT THE ONE THAT Y'ALL WERE NO, YOUR HONOR. OKAY. ALRIGHT. I JUST WANTED TO MAKE SURE. UM, ALRIGHT. 'CAUSE THAT'S 9.2 RATHER 10.2. THAT'S, THAT'S OKAY. UM, ALRIGHT, SO, UM, LET ME SEE. WHO IS THE, I WENT AWAY FROM THAT. I'LL PUT THIS ON THE AGENDA. OKAY. THANK YOU. UM, PANDORA HOMES, THIS IS ANOTHER ONE OF THOSE ISSUES WHERE WE JUST NEEDED SOME CLARIFICATION IN OUR ORDINANCES TO FIX THE PROBLEM. UM, I HAD STAFF COME TO ME THIS WEEK THAT BROUGHT SOME OTHER STUFF THAT ENLIGHTENED ME ON THIS, THAT TECHNICALLY THE PERMIT WAS NEVER ISSUED. SO SHOULD THEY BE CHARGED A PERMIT EXTENSION FEE? I DON'T THINK THEY SHOULD HAVE BEEN IF THE PERMIT WAS NEVER FULLY ISSUED. BUT WORK DID CON GET CONDUCTED OUT THERE. SO IT IS, THIS IS A, THIS ONE IS A MESS. UH, I'LL JUST SAY IT WAS STARTED BEFORE I GOT HERE, BUT IT'S A MESS. AND I DON'T KNOW THE BEST WAY TO FIX THIS, BUT MARIO DID ASK ME TO PUT THIS ON THE AGENDA. SO DID DAVID. UM, I'VE MET WITH THEM. DAVE, I'VE GIVEN 'EM MY POINT OF VIEW ON THIS. UM, THERE MAY HAVE BEEN SOME SELECTIVE ENFORCEMENT BY PREVIOUS EMPLOYEES. THOSE EMPLOYEES ARE NOT HERE ANYMORE. UM, BUT I THINK THERE'S STILL A LITTLE AFTERMATH AND ANIMOSITY THERE. BUT I DON'T KNOW, I'LL, I'LL LET DEVELOPMENT SERVICES 'CAUSE I'VE BEEN DUMPING THIS ALL ON THEM TO SAY, HEY, Y'ALL COME UP WITH A SOLUTION. LET'S GET THIS FIXED. MAYOR PRO TIM AND COUNCIL, [05:05:02] UH, ALSO WAS NOT HERE WHEN THIS PROJECT GOT STARTED. FROM WHAT I CAN GATHER, AND I DON'T HAVE ACCESS TO EMAILS, I DON'T HAVE ACCESS TO WRITTEN COMMUNICATION. I WASN'T PRIVY TO PHONE CALLS. SO WE STRICTLY HAVE THE PERMIT RECORD. FROM WHAT I CAN GATHER, THE PREVIOUS BUILDING OFFICIAL ISSUED A PERMIT WITHOUT DRAINAGE BEING CLEARED. UM, NOT THE WAY WE DO BUSINESS, NOT THE WAY WE SHOULD DO BUSINESS. I DON'T AGREE WITH IT. HOWEVER, THE PERMIT WAS ISSUED, UM, FOR WORK NOT PERTAINING TO DRAINAGE. THE DRAINAGE COMMENTS CONSISTENTLY CONTINUED TO COME UP ON REVIEWS AND SITE DEVELOPMENT THINGS. THEY WERE NEVER FULLY ADDRESSED. UM, AND WE'RE GETTING TO THE POINT IN THE PROJECT WHERE WE HAVE TO DO SOMETHING ABOUT IT AND GET THOSE CLEARED. UM, AND SO IT WAS FLAGGED, UH, BY OUR BUILDING TEAM. WE HAVE SAT DOWN. VICTOR HAS GOTTEN INVOLVED BECAUSE VICTOR DID THE INITIAL REVIEW. UH, THERE'S A LIST OF OUTSTANDING ITEMS AND REQUIREMENTS. UM, HISTORICALLY I'M SURE THERE WAS SELECTIVE ENFORCEMENT. I WANNA MAKE IT VERY CLEAR. CURRENT STAFF, THAT'S NOT HOW WE OPERATE IN ANY WAY, SHAPE, OR FORM. I'VE TOLD EVERY SINGLE ONE OF MY EMPLOYEES IN THE DEPARTMENT, IF YOU CANNOT FIND THE CODE THAT THEY ARE VIOLATING, YOU CANNOT DICTATE HOW THEY DO IT. AND THAT'S THE WAY IT WORKS. THAT'S HOW WE OPERATE. THAT'S HOW WE DO THINGS. PUBLIC WORKS IS THE SAME WAY. IT'S THE CODE IS OUR FOUNDATION OF HOW WE DO THINGS. AND SO ANYTHING THAT HAS HAD COMMENTS ISSUED ON IT UNDER CURRENT STAFF HAS HAD CODE SECTIONS THAT SPECIFICALLY SAY WHAT THE PROBLEM IS. WE'VE ADDRESSED HOW TO FIX IT IN SOME WAY, SHAPE OR FORM, AND HOW TO PROCEED AND MOVE FORWARD. WE'VE HAD SIT DOWN MEETINGS TO TALK ABOUT IT. UM, I'M SURE THERE IS SOME ANIMOSITY. UM, I DON'T BELIEVE IT'S TWO-SIDED. MOST OF DEVELOPMENT SERVICES IS NEW MINUS AN INSPECTOR AND OUR FRONT DESK ADMIN. UM, AND SO IT'S, I DON'T WANNA SAY THAT THE PERMIT WAS NOT ISSUED BECAUSE THEN WE GET INTO ISSUES WITH THE FACT THAT WORK WAS DONE WITHOUT A PERMIT. AND SO IF IT'S A MATTER OF REFUNDING THE PERMITTING COST TO MAKE UP FOR THE EXTENSIONS THAT HAVE HAPPENED SINCE THEN, COMPLETELY FINE WITH THAT. UH, IT'S NOT, IT'S NOT AN ISSUE BECAUSE IT IS A MESSY SITUATION. AND THIS IS WHY WE DON'T RELEASE PERMITS UNTIL ALL COMMENTS ARE CLEARED. UM, TO DATE, COMMENTS STILL HAVEN'T BEEN CLEARED. MY UNDERSTANDING, AND I SPOKE WITH VICTOR, UH, DURING THIS MEETING ACTUALLY, UM, IS THAT SOME OF THEM ARE STILL OUTSTANDING AND WE CAN'T CONTINUE THIS CYCLE OF LETTING THINGS PROCEED WITHOUT CLEARING COMMENTS. UM, I DON'T, THERE'S NOT A CLEAN WAY TO DO THIS. UH, IT SHOULD HAVE NEVER BEEN DONE LIKE THIS IN THE FIRST PLACE. THANK YOU, JORDAN. UH, DO WE HAVE ANY OTHER QUESTIONS FROM COUNSEL OR STAFF? CAN I THE ADDRESS WASN'T IN THE PACKET. WHAT'S THE ADDRESS ON THIS PARTICULAR PROPERTY? 84 0 5 BARQUE FOUR FIVE. AND SO I, I'M HAVING A HARD TIME GETTING MY MAP, MY MIND WRAPPED AROUND THE PROBLEM. UM, A PERMIT WAS ISSUED. SO THE, UM, BUILDING CLEARED COMMENTS, THE SITE, ESSENTIALLY THE SITE WORK, THE DRAINAGE, UM, AND THE RETAINING WALLS DID NOT CLEAR, UH, BUT THEY WERE ALLOWED TO START WORK CLEARING DIRT, GETTING THE CERTAIN STUFF BUILT UP, GETTING THINGS SITUATED. HOLD ON. SO THE SITE WORK, RETAINING WALL AND DRAINAGE. WELL, THE DRAINAGE, IT WASN'T THE SITE PLAN, IT'S THE DRAINAGE PLAN THAT WASN'T APPROVED. AND THE RETAINING WALLS THAT THEY GO HAND IN HAND BECAUSE THEY INTERACT WITH EACH OTHER. THOSE WERE NOT CLEARED, BUT A PERMIT WAS RELEASED TO ALLOW THINGS OUTSIDE OF THAT SCOPE TO BE DONE. UM, AND THE COMMENTS JUST NEVER CLEARED. THIS PROJECT HAS BEEN GOING ON SINCE JANUARY OF 2025. OKAY. SO SITE WORK WAS APPROVED THE, WELL, SO WE HAVE OUR RESIDENTIAL BUILDING PLAN SET. THOSE WERE APPROVED. WE HAVE THE DRAINAGE PLAN NOT APPROVED, AND THEN WE HAVE THE RETAINING WALLS THAT GO WITH THE, UM, THE DRAINAGE PLAN. THOSE HAVE NOT BEEN CLEARED EITHER. AND I KNOW YOU DON'T HAVE A LOT OF ACCESS AND YOU DON'T HAVE MAYBE ALL THE INFORMATION MM-HMM . BUT BASED ON WHAT YOU UNDERSTAND, WHAT INFORMATION WAS PORTRAYED TO THE PARTICULAR BUILDER? LIKE DID, LIKE, DO YOU BELIEVE THEY WERE UNDER THE UNDERSTANDING THAT, LIKE WHAT DO YOU SEE IN THE SYSTEM AS FAR AS LIKE WHAT WAS APPROVED? UM, WELL, SO THAT'S THE PROBLEM. THE DRAINAGE HAS CONSISTENTLY BEEN AN ISSUE. OKAY. UM, IT NEVER SHOWED AS CLEARED. IT NEVER SHOWED AS APPROVED. UM, WE CAN, AND THEN SAME WITH THE RETAINING WALL. WELL, SO THE RETAINING WALL IS AN ASPECT OF THAT SET. OKAY. AND SO IT'S NOT A SEPARATE PROCESS, BUT THEY GO HAND IN HAND. AND SO, UM, IT'S, IT'S BEEN A CONTINUOUS CYCLE. UM, IT'S BEEN IN THE FILE FOR, I'D HAVE TO LOOK AT MY NOTES, BUT I MEAN, IT DATES BACK SINCE 2025 THAT IT'S AN ISSUE. WHEN DID YOU SAY THE PERMIT WAS APPLIED FOR? ORIGINALLY IT WAS, [05:10:01] UH, JANUARY, 2025. I DON'T KNOW THE EXACT DATE OFF THE TOP OF MY HEAD. AND I PRESUME FEES WERE PAID, UH, AT SOME POINT IN THAT I WOULD VENTURE TO GUESS. YEAH. UH, BECAUSE IN ORDER TO START WORK, THEY WOULD'VE HAD TO HAVE PAID THEIR FEES. BUT WHEN YOU SAY START WORK, YOU'RE TALKING ABOUT PRIMARILY SITE WORK TO AN EXTENT. SO YOU HAVE TO DO SITE WORK TO START GOING VERTICAL. RIGHT. AND SO THE VERTICAL WORK HAS STARTED, I BELIEVE THE BASE IS SET UP AND READY TO GO. THEY'VE DONE ROUGH PLUMBING. UM, AND THE DRAINAGE HAS JUST CONTINUED TO BE AN OUTSTANDING ISSUE. SO IS THE ISSUE THAT THEY SHOULD NOT BE GOING VERTICAL BECAUSE OF THE DRAINAGE AND RETAINING WALL ISSUES THAT YOU HAVE AND THOSE HAVE NEVER BEEN CLEARED MM-HMM . AND THEREFORE YOU'RE, UH, IS IS THE JOB CURRENTLY IN A STOP WORK ORDER STATUS UNTIL WE GET SOMETHING SITUATED? SO THE HOUSE IS PRETTY MUCH ON A CLIFF. UM, IT'S YOU ROAD A LITTLE BIT OF FLAT AND THEN JUST STRAIGHT DOWN INTO A RAVINE. UM, AND SO THERE IS, UH, CONCERNS FROM VICTOR AND I DON'T WANNA SPEAK FOR HIM. HE DEFINITELY HAS A MUCH BETTER HANDLE ON THE DRAINAGE ASPECT OF THIS. UM, BUT THERE ARE CONCERNS THAT THE PLANS, IF THE DRAINAGE IS NOT CHANNELED APPROPRIATELY, THE HOUSE IS SUBJECT TO, UM, POTENTIAL ISSUES WITH I UNDERSTAND THE WATER RUNOFF. THOSE ARE ALL MY QUESTIONS FOR THE MOMENT. UH, I CAN VERIFY THIS HAS BEEN AN ONGOING ISSUE THAT, UM, I KNOW THE RETAINING WALL, THEY'VE GOT AN ENGINEERED LETTER TO ME, THE RETAINING WALL IS NOT AN ISSUE. NOW THE BIGGEST ISSUE RIGHT NOW IS THE DRAINAGE. UH, WAS IT TODAY WE MET DAVID, OR WAS IT YESTERDAY? I DON'T KNOW. WE'VE MET SO MANY TIMES HERE IN THE LAST FEW DAYS. SO, SO I THINK DAVID UNDERSTANDS WHAT'S GOING ON. MY BIGGEST CONCERN IS THIS IS DRUG ON, IT IS NOT A, IT IS NOT THE FAULT OF THE BUILDER, BUT IT'S DRUG ON LONG ENOUGH THAT HIS PERMIT HAS EXPIRED. WELL, TO KEEP THE PROJECT GOING, HE CAME IN AND PAID ANOTHER $4,000. HE JUST BASICALLY PAID WHAT'S IN THE, OR WHAT WAS REQUIRED OF OUR ORDINANCE TO KEEP THIS PROJECT GOING AGAIN. AND THEN IMMEDIATELY WE FOUND THIS SNAG. SO THAT'S CREATED A DEAL. I DON'T SEE HOW IT'S FAIR TO THE BUILDER TO HAVE TO REPAY A FEE ON AN EXPIRED PERMIT WHEN THE CITY IS THE HOLD UP TO AN EXTENT. BUT ON ANOTHER QUESTION IS THEY HAVE BEEN GIVEN THE DRAINAGE DOCUMENTS AND THE COMMENTS, THOSE NEED TO BE CLEARED. SO CHICKEN AND EGG, IT'S, IT'S, WE'RE BOTH AT FAULT HERE. SO WHAT THE BEST SOLUTION IS, I'M OPEN FOR SUGGESTIONS. THAT'S A GOOD QUESTION. ARE THEY PERMITTED TO DO THE DRAINAGE SITE WORK THAT THEY NEED TO DO? OR IT'S LIKE STOP WORK SO THEY CAN'T DO ANY WORK EVEN ON THE SITE ITSELF. CAN'T DO ANY WORK. THE PROBLEM IS THAT WE DON'T HAVE AN ACCURATE SET OF PLANS THAT MEET OUR DRAINAGE CRITERIA TO APPROVE THEM SO THAT THEY CAN CONTINUE WORK. UM, VICTOR HAS SENT A LIST AND MORE THAN HAPPY TO FORWARD IT IF THAT'S THE REQUEST. IT'S A LOT OF THE TECHNICAL JARGON THAT GOES INTO WHAT'S NEEDED. I KNOW THEY'VE MET TO TALK ABOUT IT. I BELIEVE Y'ALL TALKED THIS MORNING, WE TALKED YEAH. TRYING TO GET THESE COMMENTS CLEARED. BUT TODAY WE DON'T HAVE A PLAN SET THAT CAN CLEAR THE ISSUES ON THE DRAINAGE. AND SO YOU'RE WAITING FOR THE PLAN, THE DRAINAGE PLAN FOR THE SITE TO RELEASE EVERYTHING, BE ABLE TO RELEASE THAT, START MOVING FORWARD. AND AGAIN, THE REFUND OF THE THE COST. I COMPLETELY UNDERSTAND THAT AND DON'T DISAGREE, BUT I THINK WE NEED TO BE CAUTIOUS IN SAYING THAT THE PERMIT WAS NEVER ISSUED BECAUSE WORK HAS BEEN DONE. AND SO IF WE SAY THE PERMIT WAS NEVER ISSUED, ALL OF THE SITE WORK TO DATE IS OUT OF COMPLIANCE AND WE'RE GONNA RUN INTO SOME ISSUES. YEAH. SO, UM, AGAIN, I DON'T, THIS IS WHY MY PREFERENCE IS TO NEVER RELEASE ANYTHING THAT HASN'T CLEARED ALL STEPS NECESSARY. AND I THINK YOU'LL FIND THAT ALL OF YOUR CURRENT STAFF FEELS THAT WAY. YEAH. WE HAVE THIS PROJECT AND I THINK THERE'S ONE MORE THAT MARIO AND THEM HAVE GOT GOING THAT'S KIND OF OF THE SAME DEAL. UH, ARE ARE THEY MOVING FORWARD ON THAT ONE? FINALLY MOVING FORWARD HONOR, WE HAVE AND THE REASON WHY, UM, HELLO? I'M SORRY. YEAH. ON 24 0 1 NEWTON DRIVE. WE HAVE A STOP WORK ORDER PLACED RIGHT NOW OVER THERE. AND THAT'S ALSO WHY I'M HERE AS WELL. WE TALKED ABOUT, THIS WAS DURING A DIFFERENT REGIME BEFORE YOU, MR. WEST, UM, THAT TAYLOR RICHARD HAD HIS LITTLE POSSE TO DO STOP WORK ORDERS RELIGIOUSLY. SO RIGHT NOW I'VE, I'M AT A POINT SPINNING OF $250,000 OF FEES, INTEREST AND RENEWALS AND ALL THAT. SO LIKE STARTING IN JANUARY, I STOPPED, UM, I COULD HAVE GOTTEN MORE WORK DONE, BUT ALL MY INTEREST RESERVE WAS GONE. I'M AN INVESTOR. SO MY, ALL MY IN IN, UH, INTEREST RESERVE WAS GONE. AND I'M PAYING OUTTA POCKET NOW, $20,000 BETWEEN THE TWO PROPERTIES EVERY MONTH. AND I JUST SPENT $5,000 FOR THE PERMIT JUST TO TELL ME TWO DAYS LATER, [05:15:01] THREE DAYS LATER, YOU GUYS, UH, NO, IT'S, YOU GUYS DON'T HAVE A PERMIT ANYMORE. YOU GUYS NEEDED TO DO THIS, UM, DRAINAGE PLAN THAT FOR ME, I'VE NEVER HEARD, THIS IS THE FIRST THING I'VE EVER HEARD OF. I WOULD'VE AS A BUILDER AND ME SPENDING $5,000, I WOULD RATHER GET THE DRAINAGE PLAN FIRST THAN RENEW THE PERMIT. I DIDN'T GET TOLD THAT AT ALL. I JUST REQUIREMENT NEW REQUIREMENT. YEAH, A NEW REQUIREMENT NOW. SO HOW, AS A BUILDER, RIGHT? HOW AM I SUPPOSED TO KNOW THAT? NOBODY TELLS ME THAT UNTIL AFTER I PAID FOR EVERYTHING. I JUST DON'T SEE IT AS A BUILDER. I DON'T SEE HOW THAT'S FAIR FOR ME. AND ACTUALLY, I'VE BEEN HERE FOR 20 MONTHS. THIS IS MY 20TH MONTH ON BAR K. ALL I HAVE IS JUST NOT EVEN A FOUNDATION. I HAVE REBAR, I'M READY TO POUR. AND OVER THERE ON NOON, I'M, I'M JUST READY TO HAVE MY FRAME INSPECTION. BUT I, IT'S HASN'T GONE DONE. MY, MY, MY, UM, MY MONEY HAS WENT DRY BECAUSE IT'S JUST BEEN GOING STRAIGHT OVER THERE. I BUILT TWO, I I WAS ASKED FOR MR. WEST. WHEN, WHEN WOULD THESE HOMES BE FINISHED? UM, I'M THINKING ANYWHERE FROM FOUR TO SIX MONTHS FROM BOTH OF 'EM TO BE FINISHED IN THAT TIMELINE. BUT IT'S NOT FAIR FOR ME TO TELL YOU GUYS EITHER EXACTLY. WHEN, WHEN, FOR THE LAST 20 MONTHS THERE HAS NOTHING BEING ACCORDING TO PLAN I BUILT FROM HOUSTON, GALVESTON, DALLAS, I MEAN EVERYWHERE. I'VE NEVER EVER BEEN IN A COMMUNITY WHICH WAS SO MISCOMMUNICATED, SO MISINFORMED TO THE BUILDERS AND SO UNFAIR AT THAT TO, I CAN'T DO ANYTHING. LIKE I, I'M HONESTLY, I, I'VE BEEN TO SO MANY MEETINGS JUST LIKE THIS TONIGHT AND I JUST DON'T KNOW WHERE TO GO. I MEAN, SURE THE AGENDA TODAY IS FOR PERMITTING COSTS AND DELAYS, BUT THAT DELAY PART IS VERY MUCH HUGE. I, I ARGUE IT'S WAY BIGGER THAN THE PERMITTING COST. THE DELAYS ITSELF IS, YOU KNOW, IT SHOULDN'T TAKE ME TWO YEARS JUST TO HAVE A FOUNDATION AND A SKELETON AROUND A SIMPLE FRAME. AND I'M JUST TRYING TO GET SOME, SOME CLARIFICATION AS WELL OF HOW I CAN STREAMLINE THIS PROCESS. SO HONESTLY, I CAN WASH MY HANDS FROM THIS AND YOU GUYS DON'T HAVE TO SEE ME AND WORRY ABOUT THIS MESS ANYMORE. BUT IF NOT, AND NOTHING GET HANDLED, THEN WHAT'S GONNA HAPPEN IS ON 24 0 1 NEWTON DRIVE, THAT WILL STAY LIKE THAT ON 84 5 BAR K RANCH, YOU GUYS MIGHT NOT LIKE IT, BUT IT'LL STAY LIKE THAT BECAUSE NOW WE'RE TALKING ABOUT MY 20TH MONTH IN HERE. AS A BUILDER, AS AN INVESTOR, I CAN'T DO ANYTHING EXCEPT FOR COMING UP WITH A SOLUTION. YOU KNOW, THINKING THAT I'M PAYING FOR PERMITTING FEES, COSTS, ALL THAT. IT'S BEEN 20 MONTHS OR 20 MONTHS RIGHT NOW, YOU WOULD THINK THAT I'D HAVE A SOLUTION. BY NOW, I DON'T HAVE A SOLUTION. WE'RE STILL TALKING ABOUT WHAT NEEDS TO GET DONE OR HOW WE CAN MAKE THIS WORK. WE'RE GOING THROUGH I ACT BEFORE JULIAN, IT WAS SOMEONE ELSE AND SHE DIDN'T HELP EITHER. NOBODY HAS, NOBODY IS HELP FOR ME, WHAT IT LOOKS LIKE IS JUST A SOLUTION. HAS ANYONE HELPED ME HAVE A SOLUTION? NO. AND THAT'S WHAT I'M FRUSTRATED WITH. I'M, I'M, I LIVE, I LIVE IN MISSOURI. I HAVE TO DRIVE HERE ALL THE WAY. I JUST DROVE HERE FROM, FROM MISSOURI AND I'M EXTREMELY TIRED AND I'VE DONE THIS MANY TIMES, MANY TIMES. AND I STILL DON'T HAVE A SOLUTION AND ALL, I JUST, I WANNA CONTRIBUTE TO YOU GUYS COMMUNITY. I WANT TO MAKE IT BETTER. I JUST WANT A SOLUTION. I UNDERSTAND YOU GUYS HAVE BUILDING ORDINANCES AND ALL THAT. JUST TELL ME. BUT I, I HAVE EMAILS. I, YOU GUYS MIGHT NOT HAVE 'EM, BUT I HAVE EMAILS FROM THE LAST REGIME AND ALL THIS STUFF THEY WERE SAYING IT WAS SO INCONSISTENT. IT WAS VERY MUCH PREDATORY BECAUSE IF DAVID, THIS IS MY GC, THEY DIDN'T LIKE HIM. I DIDN'T KNOW THAT I'M FROM HOUSTON. SO WHEN I GOT HERE, TAYLOR DIDN'T LIKE DAVID. AND SO NOW HERE I'M IN THIS MESS 20 MONTHS PAST THAT POINT, AND I JUST DON'T UNDERSTAND HOW THAT'S FAIR FOR ME. I DON'T KNOW ANYONE HERE. NEVER DID. BUT I, I'M THE ONE WHO'S LOOKED AT AS THE BAD BUILDER AND DOESN'T LISTEN TO THE RULES. GIVE ME THE RULES. I'LL PROMISE YOU I'LL PLAY BY THEM, BUT JUST TELL ME BECAUSE IT'S COSTING ME TIME EVERY DAY I GET CHARGED $318 IN INTEREST. I PROMISE YOU I DON'T WANT TO PLAY AROUND ANYMORE. I'D RATHER JUST TELL ME WHAT'S WRONG AND I'LL FIX IT SO I CAN GO AHEAD AND SELL THE HOUSE AND MOVE ON. THAT'S ALL I WANTED YOU TO DO. THANK YOU. GOT MORE CLARIFIED. SO, YEAH, SO I GUESS JUST FROM JORDAN AND FROM CHARLES, UM, YOU'RE TALKING ABOUT FEE WAIVERS, WHICH IS A SIMPLE THING TO DO, BUT WHAT IS MISS FROM HIS RESPECT FROM A SOLUTION? WHAT'S, WHAT NEEDS TO HAPPEN TO BE ABLE TO MOVE FORWARD? REMEDY? WHAT'S GOING ON NOW? LIKE WHAT WOULD STEP ONE, STEP TWO, STEP THREE B ALONG WITH, SO ON NEWTON, I'M NOT SURE. I'D HAVE TO GO BACK AND LOOK AT THE, THE FILE ITSELF AND SEE WHAT THE HOLDUP IS ON BAR CASE SPECIFICALLY. WE'VE GIVEN A LIST OF THE DRAINAGE CRITERIA TO GET THIS CLEARED UP. VICTOR SAT AND HAD A CONVERSATION WITH THEM TODAY TO GO STEP BY STEP FOR WHAT EACH OF THOSE THINGS WERE. UM, IT, IT'S GONNA TAKE SOMEBODY TO DRAFT A SET OF PLANS AND SUBMIT THEM THAT FOLLOWS OUR CODES AND STANDARDS. I DON'T, I CAN UNDERSTAND WHERE PREVIOUS REGIMES HAVE DONE WHATEVER. REALISTICALLY SPEAKING TODAY, IF OUR ORDINANCE IS CONFLICT, IF IT'S SOMETHING THAT WE CAN'T ENFORCE OR WHATEVER THE CASE MAY BE, I SIDE WITH THE BUILDER, I SIDE WITH THE DEVELOPER. HOWEVER, IF IT'S IN BLACK AND WHITE AND IT'S BEEN ADOPTED SINCE 20 19, 20 21, 20 23, I CAN'T SUPERSEDE THAT AS STAFF. AND I TELL EVERY SINGLE PERSON, AND I'VE TOLD A LOT OF YOU, IF THERE'S A PROBLEM OR AN ISSUE WITH THE CODE THAT'S BLACK AND WHITE, YOU NEED TO TAKE IT TO COUNCIL BECAUSE THEY SET POLICY. I DON'T AS STAFF, I JUST ENFORCE IT. UM, AND SO WE'VE LAID OUT THE STEPS TO GET THIS CORRECTED. WE NEED A SET OF PLANS THAT MEETS THE CRITERIA OF OUR CODE. [05:20:01] UM, AND MY DEPARTMENT, BECAUSE THERE'S TENSION IN TURMOIL ISN'T EVEN HANDLING THE DRAINAGE REVIEW. IT'S PUBLIC WORKS IN VICTOR. AND SO THAT'S ALL WE NEED IS WHAT IS ON THAT LIST OF REQUIREMENTS. MARIA. YEAH. SO MY QUESTION, UM, THESE DRAINAGE REQUIREMENTS, THEY'RE NOT NEW REQUIREMENTS. THESE ARE, ARE NOT SOMETHING THAT WAS ENACTED SIX MONTHS AGO, SEVEN MONTHS AGO LAST YEAR. THIS IS SOMETHING THAT WAS BEFORE JANUARY OF 2025. SOME OF THEM ARE AS OLD AS 2019. OKAY. THIS IS NOTHING NEW ACROSS THE BOARD. OKAY. I THINK WHERE SOME OF THE CONFUSION MAY BE COMING IN IS SHORTLY AFTER I GOT HERE, IT WAS UP IN THE AIR ON THE DRAINAGE. AND I ADVISED VICTOR THAT ALL DRAINAGE HAD TO HAVE A, HAVE A, IT HAS TO HAVE A ENGINEERED REVIEW ON IT. AND THAT'S WHERE I THINK THIS ONE MAY HAVE FAILED. THIS MAY HAVE PROJECT MAY HAVE STARTED BEFORE THE ENGINEERED RE DRAINAGE REVIEW WAS REQUIRED. BUT EITHER WAY, I MEAN, UNTIL WE GET OUR WHOLE DRAINAGE ORDINANCE AND OUR OTHER ORDINANCE CLEANED UP A DRAINAGE, A DRAINAGE STUDY IS REQUIRED BY AN ENGINEER. AND THAT'S WHAT I WANTED TO GET CLARIFICATION ON IS BECAUSE I KNEW THAT THIS WAS SOMETHING THAT WAS BROUGHT UP RECENTLY AFTER MR. WEST WAS, WAS BROUGHT ON, WAS THAT THESE DRAINAGE REVIEW REQUIREMENTS MM-HMM . UM, SO I WANTED TO MAKE SURE THAT WE DIDN'T ALREADY HAVE ORDINANCE THAT REQUIRED THIS. UM, AND THAT'S WHAT WE WERE GOING BY. OR ARE WE JUST GOING BY UNDER THIS NEW DIRECTION, UH, FROM THIS, UH, THAT'S REQUIRING THESE DRAINAGE STUDIES? IF THIS IS WHAT THAT WHAT IT, IT'S DRAINAGE. THE ORDINANCE STATED THAT THE CITY MANAGER HAD THE RIGHT TO REQUIRE A FULL ENGINEERED DRAINAGE STUDY. OKAY. SO AFTER I GOT HERE AND NOBODY COULD TELL ME WHAT WAS GOING ON, I SAID, WELL, UNTIL WE GET THIS ALL STRAIGHTENED OUT, WE WOULD REQUIRE A DRAINAGE STUDY DONE. OKAY. AT THAT POINT THOUGH, WAS THE BUILDER NOTIFIED THAT THAT, THAT THAT WAS A NEW REQUIREMENT FROM THE CITY MANAGER? YEAH. THAT, THAT, THAT'S WHY I THINK THAT THERE'S A BIG PROBLEM OF LIKE COMMUNICATION ISSUES THAT THIS MAYBE THAT'S WHAT WAS ENACTED AND THAT'S WHAT EVERYBODY STARTED FOLLOWING, BUT MAYBE THAT WASN'T COMMUNICATED WITH TO THEM. WELL, I THINK THAT'S WHERE THE PROBLEM COMMUNICATION BROKE DOWN WAS PREVIOUS STAFF THAT'S NO LONGER HERE WAS GIVEN THE DIRECTIVE. AND I DON'T THINK THEY BOTHERED TO COMMUNICATE IT WITH THE BUILDERS AND DEVELOPERS BECAUSE I THINK THERE WAS SOME, I DON'T KNOW, I, THERE'S A REASON SOME OF THAT STAFF IS NOT HERE NOW. SO, BUT, BUT THERE'S A COMMUNICATION ERROR THERE THAT HAPPENED THAT I, I FEEL LIKE IS THE CITY'S FAULT IN MY OPINION. AND TO AN EXTENT WE STILL HAVE CODES THAT SAY WE HAVE TO DO CERTAIN THINGS. WE STILL REQUIRE CERTAIN THINGS, WHETHER OR NOT IT'S ENGINEERED, THERE'S A LIST OF STUFF THAT NEEDS TO BE ON A PLAN SET AND WE STILL HAVE NOT BEEN ABLE TO GET THAT. UH, WHETHER IT'S ENGINEERED OR NOT IS ONE THING, BUT WE STILL HAVE A LIST OF REQUIREMENTS IN A SECTION OF OUR CODE. AND IT'S NOT THAT I AGREE WITH OUR CODE. IT'S NOT THAT I DON'T THINK CERTAIN SECTIONS ARE EGREGIOUS OR WAY OVER THE SCOPE THAT THEY NEED TO BE. HOWEVER, TODAY THEY'RE IN BLACK AND WHITE AND WITHOUT A VARIANCE FROM THE BOA STAFF CANNOT CONTRADICT IT. WE CANNOT DO THAT. IT'S GONNA LAND US IN MORE TROUBLE THAN JUST HOLDING THE LINE ON THE FACT THAT THAT'S WHAT OUR CODE SAYS. AND I HAVE REACHED OUT TO BRAD AND HIS TEAM FOR CLARIFICATION ON THINGS THAT ARE UNCLEAR, THAT CROSS-REFERENCE OR CONFLICT. WE'VE SAID IT, I DON'T KNOW HOW MANY TIMES, BUT OUR CODE IS NOT WHAT IT NEEDS TO BE AND WE'RE GONNA HAVE ISSUES LIKE THIS. UM, BUT I DON'T, COMMUNICATION IS A HUGE PART OF IT. UM, BUT THE OTHER SIDE OF THAT TOO IS YOU GOTTA MEET THE CODE AND THAT I CAN'T, I CAN'T CHANGE THE CODE. NONE OF US AS STAFF CAN, UNLESS COUNSEL DIRECTS US TO CHANGE THOSE AND IT STILL HAS TO GET ADOPTED. CAN I GET A COMMENT IN ACTUALLY WANNA ASK MR. LER KING? I THINK SO. UM, WHAT I'M HEARING FROM STAFF IS THAT SOME REQUIREMENTS HAVE BEEN COMMUNICATED TO YOU AND YOU'VE NOT YET RESPONDED TO THEM. I DON'T KNOW WHETHER YOU VIEW IT THAT WAY OR NOT, OR WHAT I'M TRYING TO FIGURE OUT IS HA IS THERE UNCLEAR COMMUNICATION FROM STAFF ON WHAT YOU NEED TO DO? OR DO YOU DISAGREE WITH WHAT STAFF IS ASKING YOU TO DO? OR DO YOU THINK THAT THE ORDINANCE AND WHAT STAFF IS ASKING ARE, YOU KNOW, SO KIND OF TRY TO SHED SOME LIGHT ON YOUR PERSPECTIVE OF HOW WE BREAK THE LOG JAM HERE. ALL THREE PROBABLY D ALL OF THE ABOVE. SO THIS IS NOT BEING PORTRAYED ACCURATELY. AND I WOULD LOVE TO GIVE THE BREAKDOWN BECAUSE THERE'S MULTIPLE PEOPLE ON COUNCIL WHO DON'T KNOW THE STORY FROM 20 MONTHS AGO. BUT TO START WITH YOUR QUESTION INITIALLY, YOU KNOW, THEY'RE A STOP RECORDER. STOP RECORDER. I CAN PULL UP A LIST OF 18 [05:25:01] AND EACH ONE OF THEM WAS PROVEN. OH, OKAY. THAT'S NOT ACTUALLY IN THE ORDINANCE OR OH NO, YOU ACTUALLY WORK FINE. LIKE THE WALL. WHAT? NO. OKAY. THAT, THAT ONE COMES UP THREE TIMES. SO I'LL START THERE. RECENTLY, UH, THEY GAINED ENOUGH. YOU, YOU DON'T CARE IF I TALK ABOUT MONEY, RIGHT? FINANCIALLY DEVASTATING. THEY SAVED UP ENOUGH MONEY BECAUSE THEY'VE BUILT SEVEN OTHER HOUSES IN THE MEANTIME, NOT IN LAG VISTA SINCE THIS ONE HAS STOPPED. CAN CAN I PAUSE YOU? 'CAUSE I FEEL LIKE YOU'RE GETTING AWAY FROM MY QUESTION. NO, I'M, I'M SORRY. THE, THE QUESTION IS, HAS STAFF COMMUNICATED TO YOU ON DRAINAGE WHAT NEED TO DO? NO. YEAH, THE ANSWER TO THAT, THEY FINALLY WERE ABLE TO START AGAIN. AND IMMEDIATELY UPON PAYING, JUST GOING AHEAD, HEY, WE'LL GET IT ON THE AGENDA TO GET THIS PAID OFF. CAN WE START CONSTRUCTION? CHARLES SAID, YES, LET'S, LET'S PAY THE PERMIT FEE AGAIN AND WE'LL PUT IT ON THE AGENDA. THEY, THE NEXT DAY DWAYNE COMES OUT AND SAYS, WELL YOU DON'T HAVE A PERMIT FOR YOUR RETAINING WALL, WHICH IS NOT TRUE. AND THEN THE NEXT DAY, WELL WE DON'T HAVE A, ANY DOCUMENTATION FOR YOUR FOUNDATION PLAN. AND THEN THE NEXT, EVERY SINGLE ONE OF THESE, NONE OF 'EM STICK. AND THE ISSUE AND WHAT'S NOT BEING PORTRAYED HERE IS EVERY SINGLE STEP OF THE WAY, THERE'S A NEW, AH WAIT, I THINK WE GOT YOU UNTIL IT'S NOT ACCURATE. THE DRAINAGE STUDY, WE ALREADY PAID AN ENGINEER, WE ALREADY GOT AN ENGINEER'S REVIEW. WE ALREADY SUBMITTED THAT. WE GOT THE LETTER. THERE'S NEW REQUESTS WHICH WE COULD DO. BUT THERE'S, YOU KNOW, THIS IS AS OF YESTERDAY OR DAY BEFORE OR SOMETHING. BUT THE BALL KEEPS GETTING KICKED DOWN THE ROAD. THE DRAINAGE PURVIEW HAS BEEN DONE. THIS IS A PROPERTY AT THE BOTTOM OF A HILL. ALL THE PROPERTIES ARE ABOVE IT. THE CITY COLLECTS AND CONCENTRATES ITS WATER THROUGH A CULVERT AND DUMPS IT ON THAT PROPERTY. CURRENTLY THEY'RE NOW ASKING US TO PAY THE ENGINEER EVEN MORE TO EVALUATE HOW MUCH OF THE CITY'S WATER IS COLLECTED AND START REVIEWING THINGS OUTSIDE OF THE PROPERTY ON THE STREET, WHICH WE CAN DO. BUT WE'RE NOT REALLY INTERESTED IN PAYING THOUSANDS AND THOUSANDS OF MORE DOLLARS AND THE STAFF DIRECTION EVERY SINGLE TIME THE GOALPOST JUST MOVES. SO IT'S A COMBINATION OF UNCLEAR BUT THEN ALSO JUST, I MEAN, I DON'T WANNA SAY INCOMPETENCE, BUT THERE, THE ORDINANCES ARE TERRIBLE AND NO ONE ARGUES WITH THAT. BUT WHEN THERE IS A TERRIBLE PAPER TRAIL FROM PRIOR REGIME IS A FUNNY WAY WE KEEP SAYING THIS, BUT THIS, THIS WOULD BE THE SAME AS IF I STARTED TELLING YOU THAT HER SHOES ARE PURPLE. AND THEN I TELL YOU WHAT ORDER SHE GOT DRESSED IN THIS MORNING. THE, THESE ARE THEY, SHE CANNOT SPEAK TO THESE THINGS. SHE WAS NOT HERE FOR IT. AND I UNDERSTAND THAT THEY CAN ONLY SPEAK TO WHAT THEY CAN, BUT EXTRAPOLATING AND REACHING BEYOND THAT IS IRRESPONSIBLE AND WASTING TIME BECAUSE WHEN HE PAID FOUR, $5,000 TO GET THE STERN BACK ON THAT, WE, WELL, I'LL BACK UP. HOW WOULD WE HAVE GOTTEN THIS FAR WITHOUT PERMIT APPROVAL? THEY'VE PAID THE MONEY. THE REASON THAT MULTIPLE TIMES. THE REASON THAT THERE IS ALREADY DRAINAGE DONE. THE, THE DRAINAGE SOLUTION WE ALREADY PAID THE ENGINEER IN PREVIOUSLY. RICHARD WANTED THAT IN A PRIVATE MEETING. YOU STILL LOSE ME DAVID. SO I'M TRYING TO GET TO THIS. OKAY. HAS STAFF COMMUNICATED TO YOU ON WHAT YOU NEED TO DO FOR DRAINAGE? THE GOALPOST MOVES BUT THERE IS NEW DIRECTION, THERE'S ALWAYS NEW DIRECTION TODAY THAT STAFF HAS REQUESTED ON DRAINAGE THAT YOU HAVE NOT YET RESPONDED TO. N NO, I'M NOT TALKING ABOUT PAYING A FEE. I'M SOME SPECIFIC PLAN OR ANSWERING SOME QUESTIONS. 'CAUSE THAT'S WHAT I THOUGHT I WAS HEARING IS THAT VICTOR HAS SOME SPECIFIC QUESTIONS. MAYBE I'M UNDER MISUNDERSTANDING WITH STAFF, BUT I GET YOUR FRUSTRATION AND ALL OF THAT. RIGHT. BUT I'M JUST TRYING TO SAY THERE WAS SOME VERY SPECIFIC DRAINAGE PLANS WHICH WE DON'T HAVE, OR QUESTIONS THAT ARE NOT ANSWERED. CASE TEXAS LOCAL GOVERNMENT TO CHAPTER 2 45. IT WAS NOT IN PLACE BEFORE. IT WASN'T BEING ENFORCED BEFORE. IT WASN'T REQUESTED BEFORE. THE REASON, THE NEW HEIGHTENED REQUEST OF THE WATER DRAINAGE STUDY, WE ALREADY PAID FOR A DRAINAGE STUDY. THE ENGINEER THING'S ALREADY BEEN IN THERE. WE DID IT AGAIN A SECOND TIME. OKAY. I THINK I'M GETTING MY ANSWER. STAFF HAS ASKED FOR SOMETHING. YOU'RE SAYING IT'S NOT REASONABLE. WE'RE NOT GONNA DO AND WE'VE ALREADY DONE IT ON TOP OF THAT AND THEN THEY ASK FOR MORE AND IT'S BEYOND THAT. TEXAS GO AHEAD. ALRIGHT, SORRY I CAN'T DIRECT YOU BUT, WELL I THINK, I THINK WE'RE GETTING OFF TOPIC HERE. 'CAUSE THE WAY I UNDERSTAND IT, IN TALKING TO VICTOR DRAINAGE NOTES, A DRAINAGE STUDY WAS SUBMITTED. CORRECT? Y'ALL DID DO THAT. BUT IT WAS NEVER CLEARED AND ACCEPTED BY VICTOR BECAUSE HE WANTED A SET OF PLANS THAT HAD THAT DRAINAGE STUDY THAT ACTUALLY SHOWED THE FLOWS AND THE CALCULATIONS ON THE SET OF PLANS. AND I THINK THAT'S THE BIGGEST HOLD UP RIGHT NOW IS WE DO NOT HAVE A SET OF PLANS WITH THE DRAINAGE STUDY ON IT. WE HAVE THE LETTER FROM THE ENGINEER STATING ALL OF THIS, BUT VICTOR AND THEM SAID BEFORE THEY WILL CLEAR THE DEAL IS THEY WANTED TO SET OF PLANS. AND FROM WHAT I UNDERSTAND, THAT HAS BEEN THE ONGOING ISSUE FROM THE START ON [05:30:01] THIS WHOLE PERMIT IS THE DRAINAGE COMMENTS WERE NEVER CLEARED. THAT THAT'S ONE OF THE INACCURACIES. THE, THAT WAS ONE OF THE MOST RECENT NEW THINGS. THE DRAINAGE WASN'T EVER AN ISSUE UNTIL MAYBE SEVEN MONTHS INTO THEIR THING. IN WHICH CASE THE, IT WAS RIGHT BEFORE WE HAD THE CRAZY STORM. I BELIEVE BENEFIELD WAS OUT THERE, ROBERTS AT THE TIME, AND POSSIBLY PRINCE OR MAYBE HE CAME TO A DIFFERENT ONE. UM, RIGHT WHEN WE HAD THE A HUNDRED YEAR FLOOD, WE CAME OUT AND THE CITY SAW THAT IT WAS COLLECTING ALL ITS WATER, DUMPING IT ON THERE. AND THEY SAID, HEY, YOU KNOW WHAT, NEXT NEW THING WE'RE GONNA NEED YOU TO DIVERT ALL OF THAT. SO AT THAT POINT IN TIME, WE PAID FOR AN ENGINEER AND WE MADE A NEW DRAINAGE ROUTE FOR THE CITY TO DEAL WITH THIS CITY'S WATER. IT WAS DUMPING. SO THIS HAS ALREADY BEEN AN A, A TUMULTUOUS EVENT. SO IT'S, IT'S JUST A LONG CHAIN OF GOALPOSTS MOVING AND HE JUST WANTS TO NOT HAVE THE NEW STANDARDS. THE, WE WE, THE PERMIT WAS FULLY APPROVED. THERE'S NO WAY ANY OF THIS WOULD'VE GOTTEN ANYWHERE WHERE IT DID. THE PERMIT WAS ACTIVE BECAUSE IT MET THE PRIOR STANDARDS. NOW THERE'S CHAPTER 2 45 IS BEING VIOLATED. WE'RE ASKING FOR THE NEW STANDARDS. WE'VE ALREADY COM COMPLIED SOMEWHAT, BUT NOW THEY WANT IT IN PICTURE FORM, NOT IN WRITTEN FORM. WE COULD DO THAT TOO. THIS IS NEW, BUT THE, THE ISSUE IS IT KEEPS CREEPING AND THE SCOPE CREEP KEEPS GOING. AND THIS ISN'T EVEN A LEGAL REQUIREMENT BECAUSE IT WAS VEST, THERE WAS A VESTED, VESTED RIGHTS ALREADY ESTABLISHED WITH THIS PERMIT. AND THE SAME THING'S GONNA HAPPEN WITH NEWTON WHERE IT, IT'S ALL OF THESE ARE, THEY DON'T STICK THE, THE WATER THING IS CURRENTLY STICKING BECAUSE THERE ARE NEW REQUIREMENTS. MR. V LOOKING QUICK QUESTION. YES. IS THIS THE PROPERTY THAT'S TO THE RIGHT OF THE HOUSE? YES. THAT HAS THE DEEP V AND THAT YOU WERE BUILDING THE RETAINING WALL IN THE V AND THERE'S LIKE A DRAIN AND WE HAD TO GET THREE ENGINEERS IN A ROW COMING FROM UNDERNEATH THE I JUST WANTED TO MAKE SURE I WAS, I WALKED INTO THE PROPERTY. I JUST WANTED TO MAKE SURE MENTALLY I WAS, I THINK YOU WERE THERE FOR THE WITCH CONVERSATION WHERE WE HAD TO PAY FOR AN ENGINEER BECAUSE OF THAT CULVERT AFTER ALL THE MILLINGS ISSUES. YEAH, I I JUST WANNA MAKE SURE I WAS ON THE RIGHT PROPERTY. OKAY. CORRECT. I I I WOULD LOVE TO OPINE HERE. I DON'T KNOW IF THIS IS, IF IF THAT'S WHERE WE'RE AT IN THE MEETING. YEAH, WE'RE GOOD. I'M GOOD. OKAY. COUNCILLOR PRINCESS AND, UH, COUNCILOR BENFIELD. UH, AND I DO STILL HAVE, UM, OH, LET'S FINISH THE PUBLIC COMMENTS THEN. I'M SORRY. SO WHAT YOU JUST, WHAT YOU JUST SAID DAVID, ARE, ARE, ARE THERE MORE COMMENTS THAT YOU WANTED TO MAKE? I, I DO. AND THEN I DO HAVE PUBLIC COMMENTS DOWN ALSO. UH, MARIO. SO, UH, DAVID, LET ME GO AHEAD AND, AND I SEE THAT, UH, EBS GAVE HER TIME AS WELL. RIGHT? OKAY. ALRIGHT. OKAY. UM, UNLESS YOU WANNA USE YOUR OWN TIME, I JUST WANNA SAY THAT HERE. USE YOUR OWN TIME. CAN SHE GO FIRST? SHE CAN. I AGAIN, I WOULD, I WOULD JUST, UH, CONSIDERING THE COMPLEXITY OF THE SITUATION, I DON'T WANT THIS TO BE A RAMBLE, BUT I WOULD PROBABLY ADVOCATE FOR A LITTLE EXTRA TIME, YOU KNOW, TO MAKE SURE THAT YOU'RE ABLE TO COMMUNICATE PROPERLY. IF, IF COUNSEL WOULD APPROVE THAT. UH, AGAIN, I DON'T WANNA BE HERE ALL NIGHT HEARING THE SAME THING, BUT IF YOU NEED FOUR MINUTES, I WOULD, I WOULD SUPPORT THAT IF COUNSEL WOULD SUPPORT THAT. IF WE CAN GET INTO HIS RESOLUTION. 'CAUSE I KNOW, I KNOW SOME OF THE BACKSTORY ON THIS. UM, LET ME, EVERYBODY, OKAY. OKAY. ALRIGHT. UH, JUST TO ANSWER PRINCESS'S QUESTION A LITTLE BIT BETTER ABOUT WHAT THE PARTICULAR ISSUE IS, IS THAT FIRSTLY THE CITY COLLECTING WATER AND DUMPING WATER ONTO A PRIVATE LOT WITHOUT A DRAINAGE EASEMENT IS IN ITSELF ILLEGAL TO DO. AND PANDORA AND DAVID AS A GC WAS GOING TO BE ABLE TO BE LIKE, THIS IS NOT AN ISSUE. WE'LL TURN A BLIND EYE TO THIS ILLEGAL ACTIVITY, DO LIKE SOME DRAINAGE THINGS, MANIPULATE IT AND LET IT BE NOT A PROBLEM. AND THEN ON TOP OF THAT, WE ALSO GOT AN ENGINEER'S SEAL LETTER, BUT WE ARE FEELING THAT IT IS A LITTLE OUTLANDISH TO MAKE US PAY FOR AN ENGINEER TO DO THE CITY'S WORK ON THE CALCULATIONS FOR WATER THAT IS BEING ILLEGALLY DUMPED FROM THE CITY ONTO THE LOT. THAT IS LIKE THE ISSUE THERE. THAT'S ALL I HAVE TO SAY. THANK YOU. THANK YOU. ALRIGHT, UM, DAVID, AND THEN I'M GONNA GO TO MARIO AND UM, LATOYA, ARE YOU GIVEN YOURS? YES. YEAH. OKAY. GOT IT. SO I ALREADY TOUCHED THIS EARLIER. CHAPTER 2 45 IS VESTED RIGHTS. WE CAN'T APPLY NEW RULES. IT WAS ALREADY APPROVED, IT ALREADY MOVED FORWARDS. THAT JUST SHOULD BE THE MOST SELF-EVIDENT THING. [05:35:01] THE MENTAL GYMNASTICS OF IT WAS APPROVED, BUT KIND OF NOT, BUT LIKE A LITTLE BIT DOESN'T MAKE ANY SENSE. THE, THE PERMIT REVIEW WINDOWS ARE, HAVE ALWAY JUST, GEEZ, WE ARE BEYOND STATUTORY LIMITS. LIKE YOU CAN'T JUST, JUST DRAG THOSE ON FOREVER AND A HALF. THERE'S, THERE WAS PREVIOUSLY WHAT SNOWBALLED ALL OF THIS WAS HV 24 39 LIMITING BUILDING MATERIALS AND WHICH WERE ALL APPROVED MATERIALS. THERE WAS THREE DIFFERENT ROUNDS OF ENGINEERS BECAUSE THE CITY KEPT SAYING, WELL, WE DON'T LIKE THAT ENGINEER. WELL WE DON'T LIKE THAT ENGINEER. WHICH AGAIN, ILLEGAL, YOU CANNOT DO THAT. THEN, WHICH OVERLAPS INTO THE TEXAS OCCUPATION CODE CHAPTER 10 71, DISREGARDING SEALED SURVEY WORK AND NON-ENGINEERS OVERRULING ENGINEERED WORK. WELL, WE DON'T, WE DON'T KNOW ABOUT IT LOOKS LIKE IT'S ON THE SIDE OF A CLIFF. AN ENGINEER SIGNED OFF ON THIS. YOU DON'T HAVE YOUR LICENSE STOP. THERE'S PROPERTY RIGHTS PRESERVATION ACTS, WHICH IS EXCESSIVE RESTRICTION AND DEPRIVATION OF USE, WHICH YOU CAN GO IN MULTIPLE DIRECTIONS WITH THIS AND THEY'RE NOT CURRENTLY TRYING TO FIGHT YOU GUYS ON ANY OF THIS. THEY JUST SAY, PLEASE STOP HARASSING US. THAT WOULD BE NICE. WE'D LIKE TO BUILD THIS HOUSE AND NEVER COME BACK HERE. THERE'S 18 STOP WORK ORDERS, MOST OF WHICH WERE NOT RELATED. THERE'S LIKE TWO THAT WERE REAL, BUT MOST OF WHICH WERE NOT RELATED TO ANYTHING IN REALITY, THERE'S STILL A TREE MITIGATION FEE THAT THE CITY FORCED THEM TO PAY OVER $15,000, WHICH WAS BEYOND THE CAP OVER TREES THAT WERE NOT PROTECTED WHEN CHRIS LANGA FROM ES D ONE HAD AN ILLEGAL INTERLOCAL AGREEMENT AND WENT THERE, BROKE INTO OUR EQUIPMENT. I HAVE HIM ON CAMERA, ALL, ALL OF THIS TOO. YOU GUYS KNOW, I FILM EVERYTHING I CAN BACK EVERY SINGLE PIECE OF THIS UP. AND IT'S, THEY'RE NOT, I DON'T THINK YOU UNDERSTAND HOW GRACIOUS THEY'RE BEING OF NOT TRYING TO TAKE THIS IN THAT DIRECTION, BUT THERE'S JUST A NONSTOP LIST. SO YES, THIS HAS BEEN A TAR BABY TERRIBLE NONSTOP PROBLEM EVENT, BUT IT WASN'T BECAUSE ANYONE ON COUNCIL, IT WASN'T 'CAUSE OF ANYONE ON CURRENT STAFF. NOW THERE'S ONE MEMBER OF STAFF TRAINED BY PREVIOUS STAFF WHO'S NOT HERE FOR THESE REASONS. AND THERE'S A LITTLE BIT OF CONTENTION FROM HIM AND I'VE GOT HIM ON RECORD MULTIPLE TIMES. WELL, I'LL GET YOU ON SOMETHING. WELL, I DON'T THINK YOU GUYS SHOULD BE BUILDING HERE. I'M GONNA MAKE SURE TOO IT, WHICH IS ILLEGAL AND I MEAN, I COULD GO DOWN THE LIST IF YOU WANTED ME TO. I DON'T WANNA USE MY MINUTES FOR THIS, BUT THERE'S JUST, THE LONGEST CHAIN OF IT IS HARASSMENT AND YOU CANNOT ARGUE THAT. AND HE JUST WANTS TO BUILD THE THING THAT WAS ALREADY APPROVED THAT HE ALREADY PAID TWICE, THREE TIMES TO BUILD AND GET IT DONE. AND WE CAN ADD EXTRA THINGS, BUT THE, THE MOVING GOALPOST IS WHERE THERE'S NO TRUST. LIKE, OH, WELL WE'LL JUST DO THE ONE NEXT THING. WE'RE ON 75 NEW NEXT THINGS. OTHERWISE THEY WOULD'VE HAD THE HOUSE BUILT. I, WHAT AM I ON TIME? THERE YOU GO. THAT'S THE ANSWER. , BUT YOU HAD A LITTLE BIT OF EXTRA IF YOU NEEDED IT. RIGHT. THE TINIEST BIT EXTRA IS JUST AS CONTENTIOUS AS THIS CAN GET. THEY HAVE BEEN COOPERATIVE EV EVERY POINT I'VE GOT EMAIL THREAD AFTER EMAIL THREAD OF PLEASE TELL US WHAT THE SOLUTION IS AND WE'LL DO IT. HE HAS NEVER ARGUED WITH DOING THE SOLUTION. AND RIGHT NOW WE'RE KIND OF LIKE, DUDE, WE'RE NOT GONNA PAY FOR YOUR OWN STUFF. LIKE THIS WASN'T A RULE BEFORE. YOU'RE VIOLATING TOO MANY LAWS, PLEASE LET US BUILD THE HOUSE. BUT THEY HAVE BEEN VERY COOPERATIVE. IT WASN'T ANYONE ON CURRENT STUFF, BUT THIS IS RE RESIDUAL CRAP. ALL RIGHT, DARREN, UH, MARIO, GO AHEAD. YEAH, TO FURTHER ADD, UM, YEAH, I MEAN, YEAH, I, I I JUST, I I'M JUST, I'VE NEVER EVER SAID NO, I'M NOT GONNA DO ANY OR ANYTHING LIKE THAT. BUT WHEN WE HAVE EMAILS AND ALL THAT DATING BACK 20 MONTHS FROM NOW SHOWING EVERY TIME THEY GAVE US A SOLUTION, WE DO IT NOW YOU NEED TO DO X, Y, Z AND THEN WE DO X, Y, Z, THEN WE STILL GOTTA DO MORE. IT'S JUST, IT'S GREAT TO HEAR THIS, BUT JUST TO GIVE YOU AN EXAMPLE, A WEEK AGO THIS WASN'T EVEN A THING. IT WASN'T, THEY CAN SAY THAT, BUT GUESS WHAT? WHEN I PAID THE PERMIT FEE, THE ONLY THING THAT WAS A PROBLEM THE DAY THIS THE SAME DAY WAS GETTING MY INSURANCE FOR MY COMPANY, THAT WAS IT. THAT'S ON TEXT MESSAGE. THAT'S, THAT'S ON EMAIL. AND ALSO I WOULD LIKE TO, THE REASON WHY I WOULD LIKE TO COME BACK HERE, I WOULD LIKE TO GET A REFUND FOR MY PERMIT FEE ON NEWTON. THE ONLY REASON WHY NOTHING'S GETTING DONE ON NEWTON NEWTON'S ON A HILL, IT'S THE OPPOSITE OF THAT. ONLY REASON WHY NOTHING'S GETTING DONE OVER THERE IS BECAUSE I'M NOT GOING TO OPT AND PAY ANOTHER PERMIT FEE ONLY REASON, THE ONLY REASON WHY THAT THAT'S GONE FURTHER IS BECAUSE IT WASN'T DOWN ON THE DITCH. SO I GOT ALL THE WAY, IT'S NOT DOWN ON THE, UM, THAT WAS THE ONE ON THE TOP. YEAH, IT'S CORRECT. WE, WE BROUGHT IN PHIL, CORRECT. SO WE BROUGHT IN PHIL, BUT SO WE GOT A LITTLE BIT MORE TO DO THERE. I MEAN WE GOT ALL THE MECHANICALS IN, WHICH JUST MEANS WE GOT ALL OF OUR ROUGH IN AND OUR FRAMING IN, IT'S A HOUSE, BUT IT NEEDS TO GET DRIED IN. I'M NOT PAYING FOR THAT FOR, FOR THAT BECAUSE AT THE SAME TIME I, I DON'T EVEN KNOW WHAT'S THE WRONG, WHAT'S THE [05:40:01] PROBLEM. THEY PUT A SOFT WORK ORDER, THEN THE PERMIT, YOU KNOW, RAN OUT AND, BUT MOST OF THE TIME, SEVEN MONTHS OUTTA THAT 12 MONTHS THAT I HAVE TO BUILD FOR THE PERMIT, I COULDN'T EVEN BUILD BECAUSE THEY WERE SOFTWARE ORDERS. AND TO DAVID'S POINT, IT'S ALL DOCUMENTED. I HAVE NO PROBLEM TO GE TO GIVE YOU GUYS ALL THE PROOF, EVIDENCE AND PROOF TO WHAT WE'RE BOTH SAYING. I HAVE EVERYTHING DOCUMENTED TO, TO THE PENNY, TO ALL THE CONVERSATIONS, TO EVERYTHING. AND I, LIKE I SAID, I'VE BEEN HERE BEFORE, THIS IS NOT NEW FOR ME AND I'M STILL HERE JUST TRYING TO FIGURE OUT A SOLUTION AND I'M STUCK INTO THIS. LIKE I, I, I HAVE MONEY INTO THIS, A LOT OF MONEY INTO THIS AND I JUST DON'T KNOW WHAT ELSE TO DO. SO, UM, WILL I BE ABLE, I WAS UNDER THE IMPRESSION THAT I WOULD BE ABLE TO GET MY, MY PERMIT FEEDBACK BECAUSE EVEN WITH IT, WITH ME PAYING IT, I DIDN'T EVEN GET ANYTHING. I, I DIDN'T GET TO WORK. I DIDN'T GET TO DO ANYTHING. SO I DON'T EVEN UNDERSTAND WHY EVEN PAID FOR THAT, YOU KNOW WHAT I'M SAYING? LIKE, I DON'T UNDERSTAND WHY THEY EVEN TOLD ME TO PAY FOR IT. IF THEY, EVEN IF ALL THEY WERE GONNA TELL ME IS, HEY, YOU CAN'T BUILD. AND THEY DIDN'T EVEN TELL ME THAT. NOTHING. I, I'VE NEVER BEEN REALLY WELL INFORMED OF WHAT TO DO HERE. AND THAT'S REALLY THE PROBLEM. THANK YOU. VICTOR IS ONLINE, I THINK. MM-HMM . UM, MARIO OR DID L LATOYA DID YOU WANT SHE SHOULD DO HERE. OKAY, GOT IT. ALL RIGHT. AND UH, UM, PAUL ROBERTS I KNOW HAS INVOLVED, BEEN INVOLVED. HE'S WANTING TO, I THINK DO A PULL UP STATEMENT. OKAY? UM, VICTOR WILL COME TO YOU. I'M GONNA GO AHEAD AND TAKE THE PUBLIC STATEMENT AS PART OF THIS, UH, PUBLIC COMMENTS RIGHT NOW AND WE'LL COME BACK TO YOU. UM, MR. ROBERTS, YOU'RE MUTED. HE'S NOT MUTED, BUT WE CAN'T HEAR HIM. PAUL, WE MIGHT ABLE TO HEAR YOU. WE CAN'T HEAR YOU. DO YOU KNOW WHICH NUMBER? IT'S CHARLES. UM, THERE YOU GO. UNMUTE IT. NOT SHOULD BE COMING THROUGH THE COMPUTER. MAKE SURE THE COMPUTER ITSELF'S NOT NEEDED. DO YOU KNOW WHICH NUMBER IT IS? NO COMPUTER. PAUL. IT'S TECHNICAL ISSUES ON OUR END, JUST SO YOU KNOW. SAY TEST. TEST. OKAY. YEAH, WE'RE STILL, WE'RE STILL WORKING. TEST ARE ARE YOU ABLE TO SAY SOMETHING? OKAY. STILL NOT FIXED. JUST A SECOND. WE'VE GOT CHARLES COMING AROUND TO WORK, SEE IF HE CAN WORK ON IT. TRY NOW. VICTOR, WE'RE GONNA UH, USE YOU AS A TEST. ARE YOU ABLE TO SAY SOMETHING? VICTOR PICTURE'S BEEN TRYING TO TALK THIS WHOLE TIME TOO. WE CAN'T HEAR HIM EITHER. NOPE, WE'RE NOT GETTING ANYBODY. I CAN HEAR YOU. WE GOT PAUL ROBERTS ON PHONE. ALRIGHT, SO I'M HERE. KEEP YOUR VIDEO UP. BUT YEAH, YOU GOTTA KEEP YOUR VIDEO ON IT SAYS ON THE CALL, COPY THAT. OH, IS MY VIDEO ON? NOPE. DANG IT. IT WENT TO, IT SAYS ON A CALL. OKAY. APPARENTLY, UH, I CAN'T DO BOTH. I UNFORTUNATELY, I'M SORRY. ALL RIGHT, HANG. YEAH, YOU NOW WE CAN SEE YOU. WE CAN'T HEAR YOU. SO HANG ON. SOMEBODY NEEDS PIZZA. TECHNICAL ISSUES ARE GETTING THIS TO THE 11 O'CLOCK. ASK PAUL'S TRY TEST AGAIN. [05:45:01] AGAIN. OKAY, NOW HE'S SAYING TRY AGAIN. NO. CAN WE SUSPEND THE RULES FOR REQUIRING HIM TO BE THAT AC A VIDEO? THAT WOULD ACTUALLY BE A BRAD QUESTION BECAUSE I BELIEVE THERE'S SOME TOMO STUFF THERE WITH THE, I MEAN I DON'T, I MEAN YOU HAVE MEMBER OF THE COUNCIL WHO VOTING PREPARED BY VIDEO AND AUDIO. I THINK A MEMBER OF THE PUBLIC, IT'S NO DIFFERENT THAN READING OFF A WRITTEN STATEMENT. I MEAN, WE CAN SEE HIS INTENTS. YEAH, WELL IT'S NO DIFFERENT THAN READING OFF A WRITTEN STATEMENT SHOWS HE GOT A CALL AND HE'S GOT HIM ON THE PHONE. WE KNOW. YEAH, I DON'T, I DON'T THINK THAT, I THINK THAT ONLY APPLIES. DAVID, CAN YOU, CAN YOU STATE YOUR NAME? ALRIGHT. SO MR. ROBERTS, STATE YOUR NAME AND, AND THEN, UM, JUST HOLD, YOU CAN MAKE YOUR COMMENT. THANK YOU. THIS IS PAUL ROBERTS. UM, I'VE GOT A LITTLE BIT OF AN ECHO HERE, SO I'M GONNA TURN MY VOLUME DOWN SO I WON'T BE ABLE TO HEAR YOU GUYS, BUT I, I JUST WANTED TO COMMENT REAL QUICK AND SAY THAT I, I WAS, I'VE BEEN LISTENING AND I OVERHEARD, UM, DAVID MAKE REFERENCE TO MYSELF AND, UH, COUNCILOR BENFIELD AND MISTAKENLY COUNCILOR PRINCE. IT WAS IN FACT, UH, MAYOR SONG WHO VISITED ON THAT SITE AT THE TIME WHEN TAYLOR RICHARD HAD SHUT THAT SITE DOWN. AND HE CITED EXAMPLES OF OF PHIL USED FOR THE FOUNDATION. THAT WAS FRANKLY, IN MY OPINION, NOT LEGITIMATE. AND IT, IT WAS DEFINITELY RAINING AND THUNDERSTORMING, . IT WAS PRETTY CRAZY. WE WERE ALL HUDDLED UNDER AN UMBRELLA. I WOULD JUST ASK THE CITY TO, BETWEEN CITY STAFF AND COUNCIL, PLEASE GIVE THIS GENTLEMAN A LITTLE BIT OF GRACE. HE'S DONE A LOT VOL, VOLUNTEER WISE FOR THE CITY. HE'S TRYING AND I'LL BE THE FIRST TO ADMIT THAT I THINK DAVID HAS MADE SOME MISTAKES AND I ALSO THINK THE CITY HAS MADE SOME MISTAKES. BUT IF Y'ALL COULD FIND A WAY TO SHOW SOME GRACE AND JUST FIND A WAY TO GET TO AN AMICABLE PATH FORWARD, I THINK THAT WOULD BE IN THE BEST INTEREST OF ALL. THAT'S ALL I HAVE TO SAY. THANK YOU VERY MUCH. THANK YOU. THANK YOU DAVID FOR, SORRY, I JUST HUNG UP ON YOU LIKE THAT, BUT NOW WE'VE GOTTA FIGURE OUT A WAY FOR UM, VICTOR TO DO THAT. YOU WANNA CALL ME VICTOR? YEAH, VICTOR ON UM, I WAS GONNA SAY, DO YOU WANNA USE MY CITY PHONE? WE ARE SO HIGH TECH. VICTOR, I THINK WE'RE GONNA CALL YOU ON THE PHONE 'CAUSE THE AUDIO'S NOT WORKING. HELLO. ALRIGHT, CAN YOU GET, OH, HOLD ON. OKAY. DOES THAT HELP? YES. ALRIGHT. CAN EVERYONE HEAR ME? YES. YES. OKAY. BEAUTIFUL. UM, SO I JUST WANTED TO HAVE A FEW CLARIFICATIONS ON THE DRAINAGE AND ONE STUFF WAS SUBMITTED AND WHAT COMMENTS WERE PUT ON THERE AND KIND OF WHAT THE MAIN CONCERN OF THE ISSUE. SO YES, THERE'S AN ISSUE OF THE PERMITS, UM, BEING APPROVED WITHOUT A DRAINAGE PLAN. THE ORIGINAL DRAINAGE PLAN ASSESSMENT THAT WAS ACTUALLY DONE BY THE PREVIOUS CITY ENGINEER WAS SUBMITTED ON ONE 16 OF 2025. AND IT WAS DENIED. AND THE ONLY COMMENT ON THERE WAS THAT THE SEAL COULD NOT BE READ. SO WHEN I TOOK OVER THE PROJECT, IT WAS UNDER THE ASSUMPTION THAT THIS WAS AN ENGINEER DESIGN. AND WHEN I LOOKED AT THE PROJECT, SO THE ENGINE, THE CITY ENGINEER DEPARTED PROBABLY AROUND THE BEGINNING OF FEBRUARY, AND THEN I TOOK OVER THE DRAINAGE ASSESSMENTS. THIS WAS THE ACTUAL FIRST PROJECT WHERE I GOT CALLED OUT ON BECAUSE THERE WAS A STOP WORK ORDER FOR, UM, I BELIEVE IT WAS THE TREE REMOVAL OR SOMETHING OF THAT NATURE. AND THEN WHEN I DID THE SITE, THAT WAS A CLEAR INDICATION THAT BOTH ADJACENT PROPERTIES DRAINED ONTO THIS PROPERTY. AND THEN THERE WAS TWO CULVERTS THAT DISCHARGED ONTO THIS PROPERTY. UM, ON, I BELIEVE IT'S 2 25 OF 2 20 25, I ISSUED A, UH, MARKUP OF THE PLANS, WHICH ON THE PLANS IT SHOWS THAT A DRIVEWAY IS TO BE LOCATED DIRECTLY OVER THE CULVERT WITH NO DRAINAGE MITIGATIONS. AND THAT WAS THE FIRST COMMENT THAT WAS, THAT WOULD, THAT HAS NOT BEEN ANSWERED TO THIS DAY IF, I MEAN, I HAVE EMAILS OF, OF MODIFICATIONS AND ALL OF THAT, BUT IT STILL SHOWS THAT ORIGINAL DESIGN. SO IT STILL SHOWS THAT CULVERT BEING, OR THAT DRIVEWAY BEING LOCATED OVER THOSE TWO CULVERTS. [05:50:02] UM, I DID NOT, UH, THEY UPLOADED PLANS AFTER THE FIRST, MY FIRST INITIAL REVIEW AND THAT IT DID NOT ADDRESS ANY OF THOSE COMMENTS. SO I ISSUED A, UM, A FORMAL LETTER GOING OVER ALL THE COMMENTS AND LETTING 'EM KNOW THAT THESE COMMENTS HAVE NOT BEEN ISSUED. AND THAT WAS ON THREE FIVE OF 25, I BELIEVE. AND SINCE THIS DAY WE HAVE NOT HAD ANY SOLUTIONS. THIS HAS BEEN OVER A YEAR AND EVERYTHING THAT HAS BEEN SUBMITTED, EVEN THROUGHOUT THE LAST TWO WEEKS SHOW, STILL SHOW THE CULVERT OR THE DRIVEWAY TO BE LOCATED OVER THESE CULVERTS WITH NO MITIGATIONS. THERE IS A SEVERE ISSUE WITH DRAINAGE BECAUSE THE CHANNELS HAVE NOT BEEN INCORPORATED INTO THE GRADING PLAN. UM, I, AND I CAN PROVIDE ALL THE DOCUMENTATION, ALL THE STUFF IN ON, ON MY GOVERNMENT ONLINE. IT'S, I KNOW THAT THERE, THERE, IT WAS STATED THAT THERE WAS, UH, MISCOMMUNICATION, BUT ALL OF THIS IS ON MY GOVERNMENT ONLINE IN THE PORTAL FOR THEM TO SEE WITH DATES THAT THESE DOCUMENTS WERE UPLOADED. AND RECENTLY MORE DOCUMENTS HAVE BEEN SUBMITTED BY AN ENGINEER, BUT THAT ENGINEERED LETTER JUST GOES OVER DETAILS, BUT DOES NOT INCORPORATE THAT THEIR DETAILS WITHIN A DESIGN. AND THAT'S THE OVERALL ISSUE WITH THEY'RE, THEY'RE SAYING THAT, UH, WE, WE JUST GOT ABOUT, UH, WE JUST WERE TOLD ABOUT THIS LAST MONTH, NOT NECESSARILY BECAUSE IF YOU GO BACK, WHICH I CAN PROVIDE ALL THE COMMENTS, ALL THE DRAINAGE ASSESSMENTS, ALL WITH, WITH DATES ON THEM. AND THAT'S THE OVERALL ISSUE WITH THE DRAINAGE. IT'S NOT THAT THE, THAT THE CITY MANAGER REQUIRED A DRAINAGE ASSESSMENT FOR THIS PROJECT. IT WAS PREVIOUSLY STATED EVEN BEFORE CHARLES GOT HERE. I JUST WANTED TO CLEAR THAT UP BECAUSE I KNOW MY NAME'S KIND OF BEEN THROWN OUT THERE QUITE A FEW TIMES. AND, UM, JUST WANTED TO SAY THERE HAS BEEN COMMUNICATION THROUGH MY GOVERNMENT ONLINE, THE PERMIT PORTAL, IT'S A, IT'S A PERMIT PORTAL TO WHERE THOUGH IT'S SUPPOSED TO BE. WHEN ANY DOCUMENT IS UPLOADED, YOU GET NOTIFICATIONS. BUT THROUGHOUT THE YEAR, I'VE NOTICED THAT A LOT OF THESE NOTIFICATIONS DON'T GET SENT OUT WHEN STAFF UPLOADS DOCUMENTS. SOMETIMES THOSE DOCUMENTS DON'T, THEY, THEY'RE NOT NOTIFIED THAT THEY, THEY'VE BEEN UPLOADED. SO, AND THE, WITHIN THE LAST COUPLE MONTHS, OR WITHIN THE LAST, I WOULD SAY EIGHT MONTHS OF ME DOING THESE S ASSESSMENTS, I ALSO FOLLOW UP WITH EMAILS ATTACHING THESE, UM, PERMITS AND COMMENT LETTERS TO THEM. ALL RIGHT. DO YOU HAVE ANYTHING ELSE, VICTOR, THAT YOU WANTED TO RELAY? UNLESS THERE WAS SPECIFIC QUESTIONS? UM, I KNOW THAT THERE WAS A, THERE WAS A STATEMENT MADE SAYING THAT IT'S A CITY INFRASTRUCTURE WITHIN A CULVERT SYSTEM OR, UH, TWO DRAINAGE OR, UM, SORRY, OFFSITE FLOWS FLOW ONTO THIS CULVERT SYSTEM. I'VE, I'VE BEEN ON MULTIPLE COMMERCIAL PROPERTIES WHERE CITIES, THIS IS A VERY COMMON ISSUE TO WHERE WHEN YOU HAVE OFFSITE DRAINAGE COMING ONTO THE PROPERTY AND YOU'RE REDIRECTING THAT, THAT FLOW AROUND A BUILDING OR ANYWHERE, YOU HAVE TO ACCOMMODATE YOUR DESIGN TO TAKE INTO ACCOUNT WHAT THE EXISTING CONDITIONS ARE AND WHAT THE PROPOSED ARE BECAUSE YOU'RE NOT JUST REDIRECTING THAT FLOW, YOU'RE ALSO ADDING ADDITIONAL PERVIOUS COVER TO THE LOT, WHICH INCREASES THE FLOW OF WHAT'S GOING THROUGH THAT CHANNEL. AND I KNOW THAT YOU GUYS MIGHT NOT HAVE A SURVEY OR ANYTHING IN FRONT OF YOU GUYS, BUT I CAN DEFINITELY PROVIDE IT. AND THIS IS A LARGE RAVINE THAT IS BEING BUILT ON. OKAY, I GOTCHA. BUT I'M GONNA COME UP HERE FOR A MINUTE. NO. OKAY. UM, ALL RIGHT. DO WE HAVE ANY QUESTIONS OF VICTOR? NO. MY ONLY QUESTION WAS, VICTOR, YOU SPECIFICALLY SAID THAT DRIVEWAY, ALL THE PLANS YOU'VE SHOWN IS DRIVEWAY OVER THE CULVERT, AND THAT'S NEVER CHANGED. AND THE FOLKS IN THE AUDIENCE WERE VIOLENTLY SHAKING THEIR HEADS AS IF THEIR PLANS HAVE BEEN CHANGED. SO I, I, I DON'T KNOW. IT SOUNDS, SOUNDS LIKE THEY, THEY FEEL LIKE THEY'VE DONE THE THINGS. SOMETHING THAT YOU SAID HAS NOT CHANGED IN THE PAST YEAR. SO BOTH SIDES, I WOULD ARE SAYING, BOTH SIDES ARE SAYING WE'VE GOT ALL THE HISTORY, ALL THE DATA, BUT IT'S LIKE COMPLETELY INCONGRUOUS. SO I, I DON'T KNOW, CHARLES, WHAT, WHAT YOUR SUGGESTION IS, BUT I THINK CITY COUNCIL HERE, TRYING TO MEDIATE BETWEEN THESE TWO PARTIES IS, IS PROBABLY NOT THE RIGHT METHOD. YES, MA'AM. [05:55:12] I MEAN, WERE YOU GONNA BE, UH, VICTOR, YOU GOOD? UM, IF THERE'S THE QUESTIONS, I MEAN, I CAN SEND AN EMAIL TO COUNSEL RIGHT NOW OF THE ENGINEERED LETTER THAT WAS SENT TO ME AND THE PLANS, WHICH SPECIFICALLY SHOW THE, THE CULVERT'S NOT LOCATED ON THE PLANS AND THE DRIVEWAY BEING LOCATED OVER THEM. YEAH, I'M, AND I'M PERSONALLY, THANK YOU. I'M, I'M NOT INTERESTED IN EXCAVATING THE HISTORY AND WHO SCREWED UP. I'M JUST, LET'S, LET'S JUST GET A SOLUTION, LET THEM GET THEIR PROJECT DONE. YOU KNOW, THAT'S WHAT I WANT. YEAH. SO I, YEAH, I'M, I'M NOT, I'M NOT TRYING TO FIGURE OUT THEY SCREWED UP. WE SCREWED UP WHATEVER. YOU KNOW, WE NEED TO, WE NEED TO HAVE A CLEAR, HERE'S WHAT WE NEED AND THEY NEED TO SAY WE'VE DONE IT, OR WE WANT, DO WE, WE WANNA DO THIS AS AN ALTERNATIVE. I, IT JUST SEEMS LIKE SITTING DOWN AT THE TABLE AND RESOLVING THIS IS THE WAY TO GO. WELL, AND SO I THINK THAT'S THE ISSUE. AND VICTOR, FEEL FREE TO JUMP IN WITH THE TECHNICAL SIDE OF IT. OUR CODE REQUIRES SPECIFIC THINGS. THEY FEEL THEY DON'T NEED TO PROVIDE THOSE SPECIFIC THINGS. AND SO WE'RE AT AN IMPASSE AT THIS POINT WITH WHAT'S WRITTEN AND WHAT WE HAVE TO REQUIRE AS STAFF, WHAT HAS BEEN ISSUED ON COMMENTS GOING BACK ALL THE WAY TO 2025, UM, AND WHAT THEY ARE WILLING TO DO AND NOT DO. UM, AND THAT'S, I, I WOULD GUESS THAT THAT'S THE QUESTION. UM, BUT WITH THAT BEING SAID, IN ORDER TO CHANGE THE REQUIREMENTS OF OUR CODE, WE HAVE TO GO THROUGH BOA BECAUSE IT'S VARIANCE. WE'RE VARYING WHAT THE CODE REQUIREMENT IS. MM-HMM . OKAY. I WOULD LIKE TO GO AHEAD AND HAVE EBBS WELL, CAN YOU SAY IT IN LESS THAN A MINUTE? EBBS OKAY. AND THEN WE'LL, WE'LL TAKE IT BACK UP HERE. UH, I JUST WANTED TO SAY THAT PREVIOUSLY THE DRIVEWAY WAS NOT AN ISSUE BECAUSE THERE WAS COMMUNICATIONS WITH TAYLOR RICHARD, WHO IS NO LONGER HERE, THAT THERE WAS GOING TO BE A BOX PUT UNDERNEATH THE DRIVEWAY THAT WOULD REDIRECT THE FLOW OF THE CULVER OFF TO THE SIDE. THAT, I GUESS, HAS BEEN DISREGARDED SINCE TAYLOR, RICHARD IS NO LONGER HERE. NOW, THE SITE PLAN CURRENTLY IS UPDATED TO SAY THAT THE DRIVEWAY MAY SHIFT SLIGHTLY DEPENDING ON SITE CONDITIONS. SO TO SAY THAT, LIKE THE DRIVEWAY ISSUE HAS NOT BEEN ADDRESSED AT ALL, IT'S JUST INACCURATE. THANK YOU. ALL RIGHT. THANK YOU. ALRIGHT, I'M COMING BACK UP HERE, COUNSELORS. I'M WITH YOU. UM, I'M AT A LITTLE BIT OF A LOSS BECAUSE WE NEED TO HAVE A WAY FOR THEM TO FINISH THEIR PROJECT. UM, AND WE'VE GOT SOME, PART OF THE THING ON CODE IS SAFETY ISSUES. SO, UM, WE GOTTA ENSURE THAT, UM, IT SOUNDS LIKE THERE WAS SOME RECENT INFORMATION GIVEN YOU. UM, AND, UH, SO I JUST WANTED TO CLARIFY. SO THERE'S RECENT INFORMATION. ALRIGHT. DID YOU HAVE, I I, I JUST WANTED TO MAKE THE RECOMMENDATION THAT IF GOING TO THE BOA FOR A VARIANCE IS GONNA GET THIS DONE, UM, THEN MAYBE THAT'S SOMETHING WE NEED TO PURSUE BECAUSE, UH, THIS IS, THIS IS ACTUALLY RIDICULOUS. RIDICULOUS. I'M EMBARRASSED FROM THE CITY ON THIS ONE. COUNCILOR BENEFIELD. YEAH, I HAVE SEVERAL THOUGHTS. UM, AND I APOLOGIZE IF I'M A LITTLE SCATTERED HERE. UM, DAVID, I, YOU KNOW, I'VE ADVOCATED FOR YOU EVER SINCE THE DAY I MET YOU. UM, YOU KNOW, I'M THE ONE THAT WANTED THE HIGH NEW MEETINGS AT YOUR PROPERTIES TO GO OUT THERE AND TO SEE IF YOU HAD OR WERE BEING TARGETED. UM, YOU KNOW, I'VE BEEN A PART OF THE MEETINGS WHERE I'VE SEEN THE HUNDREDS OF THOUSANDS OF DOLLARS WORTH OF PERMITS. UM, SO I AM EMPATHETIC TO YOUR SITUATION. UM, BUT I WILL SAY THIS, UM, I'M IN THE CONSTRUCTION FIELD MYSELF, AND I HAVE EXAMPLES THAT I CAN PULL FROM. I'LL, I'LL, I'LL GIVE YOU A COUPLE. UM, I WAS DOING A RAIN HARVESTING SYSTEM FOR A LADY. SHE WAS A ARCHITECT AND SHE LOVED TO TALK. AND WE WERE DOING AN INSPECTION OF THE RAIN HARVESTING SYSTEM THAT WE HAD INSTALLED. AND I SAID, LOOK, YOU CAN BE A PART OF THE INSPECTION, BUT DON'T SAY A WORD. YOU ARE GONNA GET YOURSELF IN TROUBLE. AND IN THIS PROCESS, THE INSPECTOR FROM THE CITY OF AUSTIN CAME OUT AND SHE JUST COULDN'T STOP TALKING. AND SHE TALKED ABOUT THIS GARAGE THAT SHE HAD BUILT 15 YEARS BEFORE. AND THE FIRST THING THAT THE INSPECTOR DID IS HE PULLED IT UP AND THERE WAS NEVER A PERMIT. AND THE PROBLEM WAS NOT ONLY WAS THERE NOT A PERMIT, BUT THE CODE OF ORDINANCES REQUIRED THAT ANY STRUCTURE THAT HAD [06:00:01] A NEW PERMIT HAD TO MEET THE 2025 ORDINANCES OF THE TIME. SO EVEN THOUGH SOMETHING MAYBE WOULD'VE PASSED EASILY IN 2000, SHE NOW HAD TO REDO THIS ENTIRE GARAGE BECAUSE IT DIDN'T MEET THE NEW SPECIFICATIONS. RIGHT? UM, SO THAT'S ONE EXAMPLE. ANOTHER EXAMPLE IS WE SAT IN A BUILDING AND STANDARDS COMMISSION MEETING JUST A FEW MONTHS AGO BEFORE THIS COUNCIL WAS SEATED. AND , I FELT VERY EMPATHETIC TO THE HOMEOWNERS WHERE THIS HOUSE WAS UNDER CONSTRUCTION AND A ELEVATION CERTIFICATE WAS NOT ASKED FOR AT THE TIME OF THE SLAB BEING POURED. AND SUBSEQUENTLY THE WALL STARTED GOING UP AND COME TO FIND OUT THE HOUSE WAS A FOOT TOO LOW, RIGHT? WAS THAT A CITY OF LAGO ISSUE? LAGO VISTA ISSUE, OR WAS THAT A BUILDER ISSUE? YOU KNOW? AND IN THE END, AS MUCH AS YOU FEEL SORRY FOR THESE PEOPLE, RIGHT, IS RIGHT, THAT HOUSE WAS TOO LOW. AND WHO BEARS THE BURDEN OF THAT? IT WASN'T THE CITY, IT'S NOT THE NEIGHBORS. IT WAS THE HOMEOWNER THAT, THE BUILDER WHO'S ULTIMATELY RESPONSIBLE FOR THE INTEGRITY OF THAT HOUSE. AND SO, UM, ALL OF THIS TO SAY, I AM GOING TO ADVOCATE FOR YOU UP HERE, BUT I ALSO WANNA PUT THE, THE ABSOLUTE 100% BURDEN ON YOUR SHOULDERS THAT SAYS THE CONSTRUCTION OF THIS HOME RESTS ON YOUR SHOULDERS. AND SO IF IN 2025 THERE WAS A SET OF RULES THAT APPLIED, AND DURING THAT PROCESS, RULES HAVE CHANGED, OR RULES HAVE BEEN UPDATED, OR RULES HAVE NEVER BEEN SATISFIED, AND YOU'RE BEING ASKED TO UPDATE YOURSELF TO THESE NEW RULES, MAN, THAT'S JUST THE WAY IT IS. IT, IT MIGHT NOT BE GOOD, BUT IT'S JUST THE WAY IT IS. AND SO IF I, IF I WAS IN THIS SITUATION AND I WAS MAKING A RECOMMENDATION, I, I WOULD SAY, OH, OH, I HAD A QUESTION FOR YOU REAL QUICK BEFORE I SAY THIS COMMENT. HAVE THERE BEEN ANY INSPECTIONS ON ANYTHING, ANY WORK THAT'S BEEN PERFORMED? THERE HAVE BEEN. UM, AND REALLY QUICK, I WANT TO CLARIFY, AND BRAD AND I LOOKED IT UP AS WELL, THE PERMIT WAS PULLED, THE ORDINANCE HASN'T CHANGED SINCE 2024. AND SO IT'S THE ORDINANCE THAT WASN'T EFFECT AT THE TIME THAT THEY APPLIED FOR IT. IT'S BEEN THE SAME STANDARD SINCE DAY ONE. THERE HASN'T BEEN A FLAG ON THE FLY. THERE HASN'T BEEN A CHANGE. UM, MAYBE IT WAS THE DIFFERENCE BETWEEN AN ENGINEERED SEAL VERSUS A NOT ENGINEERED SEAL, BUT IT'S BEEN THE SAME STANDARDS. UM, AND SO THAT'S, I DON'T WANT THERE TO BE THIS CONVOLUTED 'CAUSE IT'S ALREADY A VERY COMPLEX ISSUE. YEAH. I DON'T WANNA ADD MORE LAYERS TO THAT. I MEAN, WHAT, WHAT, WHAT I WOULD RECOMMEND DOING, AND THIS, I MEAN, I, I'M HOPE I'M HOPING TO HEAR ANYBODY'S RECOMMENDATION, BUT MY INITIAL THOUGHT IS THIS THING NEEDS TO BE PEELED BACK LIKE AN ONION, AND WE NEED TO GO BACK TO DAY ONE. AND THE RIGHT THING TO DO IS THERE NEEDS TO BE A VALID PERMIT FOR THE ENTIRE PROJECT. OKAY? AND WHAT THAT MEANS IS, IS WE NEED TO VERY CLEARLY COMMUNICATE WHAT NEEDS TO BE DONE TO GET THIS COMPLETE VALID PERMITS MM-HMM . RIGHT? MAYBE WE'VE DONE THAT. LET'S DO IT IN WRITING, RIGHT? AND SAY, WE'RE GONNA GO ALL THE WAY BACK TO THE VERY, VERY BEGINNING AS IF IT WAS A BRAND NEW APPLICATION. I UNDERSTAND THERE'S FEES BEEN PAID, LET'S IGNORE EVERYTHING FOR A MOMENT AND LET'S JUST START THE APPLICATION FROM THE VERY BEGINNING. AND PANDORA HOMES, THIS IS WHAT WE NEED TO GET THIS APPROVED. AND THEN I WOULD PUT THEM ON A YOU DON'T LIKE THAT? NO. NO. OH. UM, AND THEN I WOULD PUT THEM ON LIKE THIS LIKE WARP SPEED APPROVAL SYSTEM AS SOON AS THEY'RE TURNING DOCUMENTS INTO YOU. AND IT SOUNDS LIKE ALL THESE DOCUMENTS ARE ALREADY PRODUCED, RIGHT? WE DON'T HAVE THEM. NO, I I KNOW YOU DON'T. THEY SHOULD HAVE THEM, RIGHT? THEY, THEY'VE ALREADY WENT THROUGH THIS PROCESS OF GETTING ENGINEERS AND ALL OF THAT, RIGHT? SO THEY SHOULD HAVE THESE DOCUMENTS AS QUICKLY AS YOU ASK FOR 'EM. THEY SHOULD BE ABLE TO PRODUCE 'EM IN THEORY. AND AS SOON AS WE GET THEM, VICTOR HAS BEEN REVIEWING THEM. YEAH. HE'S PUSHED OUT TWO SETS OF PLAN REVIEWS, UH, IN THE LAST WEEK AND A HALF. I MEAN, WE ARE, YEAH. I LOVE IT. SO, SO IF WE, IF WE WENT ALL THE WAY BACK TO THE VERY BEGINNING MM-HMM . AND SAID, BRAND NEW APPLICATION FOR THIS HOME, THIS IS WHAT WE NEED TO MAKE IT LEGIT. RIGHT? AND I'LL, AND I'LL JUST TELL COUNSEL, THIS IS NOT A NORMAL BUILD. THIS IS AN UNUSUAL BUILD. AND IF THERE WAS EVER A BUILD, YOU WANT TO DOT YOUR I'S AND CROSS YOUR T'S, THIS IS ONE OF THOSE, RIGHT? THIS ISN'T ONE WHERE YOU GO GET VARIANCES AND STUFF LIKE THAT. THIS IS A DEEP RAVINE TALL WALL, LOTS OF WATER COMING FROM A LOT OF DIFFERENT DIRECTIONS. AND SO JUST START THE PROCESS OVER. AND ANY FEES THAT HAVE BEEN APPLIED TOWARDS ANYTHING, JUST PUT THIS BASKET OF MONEY IN THERE. SAY, OKAY, THEY'VE PAID $15,000, WE START THE ENTIRE PROCESS OVER AND WE JUST PLOW THEM TO APPROVAL ONLY ONCE THEY MEET THOSE SPECIFICATIONS. AND IF THAT'S WHAT [06:05:01] COULD BE AGREED UPON, WE WOULD BE HAPPY TO DO THAT. BUT IT, IT TAKES TWO TO TANGO. NO, NO, I AGREE. AND, AND, AND, AND, AND, AND MY DIRECTION TO THE, TO YOU GUYS WOULD BE IS THE CITY DOESN'T WAIVER ON THE ORDINANCES, RIGHT? THE RULES ARE THE RULES AND WHETHER YOU LIKE THEM OR NOT, WHETHER YOU MEET THE STANDARD OR NOT, IT'S THEIR DETERMINATION WHETHER YOU MEET IT OR NOT. AND IF YOU DON'T, YOU DON'T. AND WHEN YOU DO, YOU DO. AND I MEAN, AND IF YOU DON'T LIKE THEIR OPINION, YOU COULD GO TO THE BOA AND I GUESS OBJECT TO THEIR OPINION SAYING, HEY, WE DO MEET THIS STANDARD, BUT FOR AS LONG AS THEY TELL YOU YOU DON'T MEET YOUR STANDARD AND THEY'RE TELLING YOU, YOU DON'T MEET OUR STANDARD, YOUR DRIVEWAY ISN'T WORKING OUT, YOUR DRAINAGE ISN'T WORKING OUT, THIS ISN'T WORKING OUT. AND WHEN YOU BRING IT INTO CONFORMITY, WE'LL APPROVE IT AND WE CAN GO ON OUR MERRY WAY. OR YOU COULD SAY, YOU KNOW WHAT? I'M NOT GONNA COMPLY. GO AHEAD AND SCHEDULE ME FOR BOA. RIGHT? AND YOU CAN MAKE THAT ARGUMENT, BUT THEY HAVE THEIR RULES. EVERYBODY FOLLOWS THEM. IF THEY DON'T LIKE IT, THEY GO TO THE BO OA, THEY ASK FOR A VARIANCE. I, I DON'T SEE WHY THIS IS A DIFFICULT PROCESS. YOU KNOW, TELL 'EM WHAT THEY NEED, SUPPLY IT, GET APPROVAL, BUILD YOUR HOUSE. RIGHT? AND IF YOU GUYS DON'T WANNA COMPLY, THEN GO BUILD IN ANOTHER CITY OR GO TO THE BLA OR DO WALK AWAY, RIGHT? WHATEVER YOU WANNA DO, IT'S YOUR, IT'S YOUR PROCESS. THAT'S JUST MY OPINION. I AGREE WITH MR. BENFIELD. AND TO CLARIFY ON THAT, I, I THINK AS YOU WERE DESCRIBING THAT, NOWHERE IN THAT PROCESS SHOULD A SUBMISSION OF A FEE BE REQUIRED TO MAKE, UH, PROGRESS ON THAT PROCESS. YEAH. IF, IF I, IF I WAS DOING THIS, I WOULD, I WOULD JUST CALCULATE ALL THE MONEY THAT THEY'VE PAID MM-HMM . INCLUDING THIS $4,000 THAT YOU'VE PAID, RIGHT? PUT IT INTO A KITTY AND THEN START TO JUST START THE PROCESS OVER. IF THEY WERE TO APPLY FOR THE APPLICATION TODAY, IT WOULD HAVE COST $4,000. ALRIGHT? SO THEY HAVE $15,000 IN THIS KITTY THAT THEY PAID. ALRIGHT. $4,000 IS GONNA GO TO THIS. AND YOU JUST GIVE THEM A LEGIT PERMIT ONCE THEY, ONCE THEY COMPLY. AND IN THE END, IF THEY OWE MORE MONEY, THEY OWE MORE MONEY. IF WE OWE THEM MONEY, REFUND THEM MONEY AND JUST START THE WHOLE PROCESS. BUT ON WARP SPEED, RIGHT? AS FAST AS YOU COULD COMMUNICATE TO THEM AND AS FAST AS THEY CAN COMMUNICATE TO YOU. AND IF THEY SAY, HEY, LOOK, THE ENGINEER, THE SEAL, IT DOESN'T WORK. CAN YOU, CAN YOU HAVE 'EM RE-AMP IT? OR WHATEVER THE PROBLEM IS, JUST MAKE IT WORK. COUNCILOR HALL, UH, NOT TO DRAG OUT THIS DISCUSSION ANY, ANY LONGER, BUT, UH, I, I, YOU KNOW, I, I AGREE. UH, I, YOU KNOW, I, THE CITY MANAGER MAY NEED TO BE, UH, A PERSON THAT CAN HEAR WHAT'S WHAT'S BEING COMMUNICATED, AND, AND I'M NOT SURE THEY'RE HEAR HEARING ONE ANOTHER CLEARLY. UH, I HEARD SOME THINGS, UH, UH, THAT MAKE ME WONDER, UH, ABOUT, UH, THE, THE CLARITY TO THE CITY ABOUT WHAT'S BEING DONE WITH THE DRIVEWAY, UH, UH, UNDER CERTAIN CIRCUMSTANCES OF THE, THE WATER'S BEING DIVERTED. SO ANYWAY, I'M JUST, I'M JUST WONDERING IF, IF, UH, IT'S AGAIN, PART OF A PART, PARTLY A COMMUNICATION PROBLEM ABOUT, YOU KNOW, WHAT THEY THINK NEEDS TO BE DONE, WHAT, WHAT THE CITY THINKS NEEDS TO BE DONE, AND, AND, UH, THE WORDS AND THE PLANS BEING COMMUNICATE DIFFERENTLY. SO, BUT ANYWAY, THAT'S, THAT'S THE ONLY THING I, I, I, I IF, IF, IF THERE'S NEEDS TO BE SOMEBODY TO, TO HELP THE TWO SIDES TO, TO, TO DISCUSS THIS, AND MAYBE THE CITY MANAGER NEEDS TO BE INVOLVED IN THAT. I'M GONNA GO TO COUNCILOR PRINCE REAL QUICK. YEAH. I'M, I'M JUST GONNA SAY, SO I HAD A SENIOR MANAGER WHEN THERE WAS A REALLY STICKY PROBLEM LIKE THIS, HE WOULD PROPOSE A SOLUTION AS MR. BENFIELD JUST DID. AND THEN HE WOULD CLOSE BY SAYING, DOES ANYBODY HATE THAT IDEA? DOES STAFF HATE THAT IDEA? DO THE FOLKS IN THE ROOM HATE THAT IDEA? IF IT'S ACTUALLY GONNA BE A REAL SOLUTION, I DON'T HATE IT. OKAY. SO TO ME THAT'S, THAT'S, THAT'S A STRATEGY FOR ACTUALLY MOVING FORWARD. AND THEN CHARLES, I'M SORRY, ONE CONCERN ABOUT IT, AND ONE CONCERN WOULD BE A LOSS OF VESTED RIGHTS OR, YOU KNOW, JUST WHEN WE ORIGINALLY APPLIED IT, IF ANYTHING HAS CHANGED SINCE THEN, WHICH I UNDERSTAND THAT THE ORDINANCE WAS THERE, BUT IT WASN'T APPLIED AS IT IS CURRENTLY BEING. SO THAT ASIDE, EVEN IF THEY START EVERYTHING OVER, I JUST, I'M CONCERNED ABOUT, [06:10:01] I HAVEN'T REVIEWED EVERYTHING TO SEE WHAT NEW ORDINANCES, WHAT HAS CHANGED, WHAT HASN'T AND WORK HAS ALREADY COMPLETED. SO, AND I MEAN, THERE'S, THERE'S THINGS, THE, THE HESITATION AS HE WAS SAYING, IF WE, IF WE'RE ASKED FOR ONE THING AND WE GIVE IT, AND THAT GOALPOST MOVES, IT'S A PROBLEM. THE, THE DRIVEWAY THERE, WE HAVEN'T CHANGED THE IMAGE BECAUSE WHY WOULD YOU CHANGE THE IMAGE WHEN CHARLES SPECIFICALLY SAID, JUST PUT IT ON THERE THAT THE DRIVEWAY WILL SHIFT OVER AS PER SITE CONDITIONS. YOU TOLD ME THIS. YES. AND THEN VICTOR DID NOT ACCEPT THAT. SO THERE IS COMMUNICATION ISSUES, AND I'M NOT TRYING TO BYPASS THE CHAIN OF COMMAND, BUT THIS IS NOT, THIS IS, IT'S 20 MONTHS IN. IF, IF THE CITY MANAGER SAYS, YES, THIS IS FINE, APPROVE THE THING, AND THEN STAFF GOES, YEAH, BUT I DON'T LIKE THAT. THAT'S, THAT'S WHY WE'RE HESITANT ABOUT ANYTHING. BUT I DO LIKE THE IDEA BECAUSE, BUT ALL OF US THINK WE'VE GOT ALL THESE MULTIPLE TIMES. I'M SORRY, CHARLES, I JUST WANNA MAKE A REAL QUICK, YOU KNOW, PART OF, AS I'M LISTENING, UM, AND I'VE HEARD THIS ON OTHER, UH, CASES AS WELL, AND THE REASON WHY WE ARE GOING DOWN THE, THE NEW, UH, TO TRY TO GO TO A UDC FORMAT IS SO THAT THERE IS A CLEAR, UH, SET. AND SO THERE'S A CHECK THE BOX OFF LIFTS. NOW, I, I APPRECIATE CHARLES HAS BEEN AROUND THE BLOCK AND STUFF, BUT I WILL TELL YOU IF THERE'S A SAFETY ISSUE, I'M LISTENING TO VICTOR AND, AND TO JORDAN, OUR ENGINEERS HAVE SIGNED EVERYTHING OFF ON THAT MULTIPLE TIMES CAN ADDRESS THAT. CAN I ADDRESS THAT? UM, I DO AGREE THAT AN ENGINEER IS A VERY STRONG, UM, DOCUMENT, RIGHT? BUT IT DOESN'T ABSOLVE THE CITY FROM HAVING THE OPPORTUNITY TO HAVE THEIR OWN ENGINEER REVIEW YOUR ENGINEER'S DOCUMENT. IN THE CASE THAT YOU'RE STATING, UM, WE'LL JUST USE, AND I'M NOT HERE TO REHASH ANYTHING, BUT LIKE ON THE INFILL AND WANTING TO USE RECYCLED MILLINGS AND WHETHER OR NOT THEY WERE SCREENED OR NOT, SOME OF THE AMBIGUITY WAS YOUR ENGINEER WAS SAYING YES. AND THEN THE CITY HAD ENGINEERS THAT SAID, NO, THAT'S ACTUALLY NOT GOOD. I, I DON'T WANT TO GET INTO IT. I'M JUST, THERE WAS, THERE WAS, THERE WAS CONTENTION AMONGST WHAT ENGINEER WAS. RIGHT? AND THE CITY DOES HAVE THE RIGHT TO CONTEST WHAT YOUR ENGINEER SAYS. SO JUST BECAUSE SOMEBODY'S ABLE TO FIND AN ENGINEER THAT SAYS, I'LL ACCEPT THIS, DOESN'T MEAN THE CITY HAS TO BLINDLY ACCEPT THAT, RIGHT? SO I DO THINK YOU PRODUCING THE ENGINEERS PER THE REQUEST OF THE DEVELOPMENT SERVICES IS THE RIGHT WAY TO GO. BUT IF SOMETHING DOES SEEM A LITTLE LIKE, OH, THAT'S INTERESTING. I'VE NEVER SEEN THAT BEFORE. AND YOU HAVE TO ADMIT, HOPEFULLY THAT SOME OF THESE PROJECTS THAT YOU'RE DOING ARE A LITTLE ODD, THEY'RE A LITTLE DIFFERENT. THEY'RE NOT NORMAL. I MEAN, THE, THE PROJECT YOU'RE TACKLING WITH THAT VALLEY, I DON'T KNOW ANYBODY THAT HAS THE, THE GUTS THAT YOU HAVE TO, TO DO THAT. I MEAN, I, IT'S IMPRESSIVE. I I DO WHAT YOU'RE DOING AND I I AM IMPRESSED BY IT, RIGHT? THE ONE WITH THE, THE MILLINGS BUILT UP, THAT'S AN UNUSUAL SITUATION. AND SO WHEN YOU TAKE ON UNUSUAL SITUATIONS, YOU'RE GOING TO HAVE MORE ISSUES TO DEAL WITH AS LONG AS THEY'RE VALID. YEAH. COUNSEL, THE ONLY THING I'LL SAY IS IT, BASED ON WHAT I WAS SHOWN, IT APPEARS THAT THE FIRST PERMIT, FIRST IN THE SERIES OF PERMITS FOR CHAPTER 2 45 INVESTING WAS FILED IN APPROXIMATELY JANUARY OF 2025. THE, UM, MOST RECENT ORDINANCE THAT I CAN FIND IN YOUR CODE THAT DEALS WITH DRAINAGE WAS PASSED IN, UH, JULY OF 2024. SO TO, SO, SO ALL OF THOSE, SO ALL OF YOUR DRAINAGE ORDINANCES THAT IF IT SAYS DRAINAGE, I'VE LOOKED UP THE DATE IN THE CODE THAT SAYS WHEN IT WAS PASSED. SO WHAT THAT MEANS IS THAT THOSE WERE ALL IN EFFECT AT THE TIME THAT THE FIRST IN A SERIES OF PERMITS WAS PASSED. AND SO FAR, AS I CAN TELL ON YOUR CODE, THERE ARE NO NEW ORDINANCES SINCE RELATING TO DRAINAGE SINCE JANUARY OF 2025. SO NOTHING HAS CHANGED FROM YOUR ORDINANCE PERSPECTIVES. THAT'S TRUE AND FALSE, IN MY OPINION, IS IT'S MY UNDERSTANDING THAT THE BUILDING AND STANDARDS COMMISSION MADE A RECOMMENDATION THAT EVENTUALLY CITY COUNCIL APPROVED, WHICH AUTHORIZED THE CITY MANAGER TO REQUIRE AN ENGINEERED THAT WAS 2024. NO, NO, IT JUST HAPPENED. IT JUST, IT IS NECESS NO, IT, IT IS PART OF THE 24 4 DEAL. IT'S JUST THE PREVIOUS CITY MANAGER DIDN'T EXERCISE THAT. RIGHT. AND I DID, BECAUSE I'M NOT A DRAINAGE GOER. I DID, BUT THE, THE ABILITY TO DO SO WAS IN, WAS, WAS, WAS AS EVEN AND I, IT COULD HAVE BEEN BEFORE 2024, I CAN'T TELL EXACTLY, BUT THE LAST, UM, AMENDMENT TO THAT SECTION WAS IN 2024. SO EVEN IF THAT'S WHEN IT WAS ADOPTED, IT WAS IN, IT'S STILL APPLIED. I THAT TOTALLY MAKES SENSE. YEAH. SO I MEAN, WE'RE DEALING WITH THE SAME REQUIREMENTS THAT HAVE BEEN HERE ALL ALONG. IT'S JUST SOMEONE LIKE MS. MEYER IS ENFORCING [06:15:02] OUR RULES AND THERE IS PUSHBACK SAYING, HEY, THAT'S GONNA COST US MONEY. AND UNFORTUNATELY, WHEN IT COMES TO SAFETY AND THESE THINGS, WE, WE, YOU KNOW, YOU JUST CAN'T LOOK AT MONEY AS A DRIVING FORCE OR TIME. IT JUST, THESE THINGS HAVE TO BE DONE RIGHT. AND IF THEY NEED IT, ASK FOR IT. IF YOU DON'T WANNA PRODUCE IT, GO TO THE BOA. BUT MY RECOMMENDATION IS, AND IF IT'S, IF, IF NOBODY OBJECTS TO IT, , NOBODY HATES IT. IF NOBODY HATES IT, IS START THE WHOLE PROCESS OVER AND JUST ACT LIKE THAT. ACT LIKE YOU'RE A BRAND NEW FIRST APPLICANT AND DEVELOPMENT SERVICES. PROMISE NOT TO TARGET HIM. PROMISE NOT TO BE THE VICTIM. EVERYBODY JUST, LET'S JUST ALL START OVER. THERE'S NO FEES, THERE'S NO FINES, THERE'S NO TICKETS, THERE'S NO PENALTIES, THERE'S NO STOP WORK ORDERS. LET'S JUST START OVER. YOU CAN'T START UNTIL YOU GET YOUR PERMIT. AND WE JUST BEGIN NEW RELATIONSHIPS, NEW REVIEWS, AND WE JUST DO IT IN LIGHTNING, FAST SPEED, GENERAL WEATHER, UH, TALKING, I MEAN, 'CAUSE IT IS A TWO WAY STREET, BUT I DO WANT, DO WE HAVE CAPACITY TO DO LIGHTNING SPEED? OKAY. ALL RIGHT. UH, I I LIKE THAT IDEA. THE, THE, AGAIN, SORRY, CAN I COME UP? YOU CAN SAY NO. IS EITHER THE MONEY, THE, THE WHOLE PIECE ON THE WORK SESSION GETTING THE REFUND, OR WHAT ARE WE GONNA DO? OKAY. I THINK THINK THE, THE THOUGHT WAS THAT ANYTHING, UH, PAY TO DATE STAYS IN THE KITTY AND WHATEVER IS LEFT OVER THEN GETS RETURNED BECAUSE THERE'S BEEN OTHER FEES IN BETWEEN THERE. RIGHT? I WOULD HAVE TO LOOK THROUGH THE, THE FILE, UM, AND SEE THE RUNNING TALLY WHEN STUFF WAS, WHAT WAS PAID FOR. OKAY. SO IF THERE WAS EXTENSION FEES, SO IF WE'RE STARTING FROM THE BEGINNING, THEN THOSE FEES WOULDN'T BE RELEVANT. NOW THAT WOULD BE SAVINGS. IS THAT, WOULD THAT BE RIGHT? BUT LET'S SAY WE WERE STARTING AGAIN, I AM PERFECTLY OKAY ISSUING A REFUND FOR THE EXTENSION FEES BECAUSE AGAIN, THIS IS A MESSED UP SITUATION THAT THEY SHOULDN'T HAVE BEEN PUT THROUGH. UM, AND IT, THE PERMIT SHOULD HAVE NEVER BEEN ISSUED IN THE FIRST PLACE. AND THAT'S MY, MY STANCE AS THE DEVELOPMENT SERVICES DIRECTOR. THIS IS WHY WE DON'T ISSUE PERMITS WHEN THINGS AREN'T COMPLETE AND APPROVED ACROSS THE BOARD. UH, SO AS FAR AS THE EXTENSION FEE GOES, I HAVE NO PROBLEM ISSUING A REFUND FOR THAT. WE CAN DO IT ADMINISTRATIVELY. I DON'T THINK WE NEED AN ACT OF COUNSEL TO DO THAT. UM, I'VE SAID I'VE BEEN WILLING TO DO THAT. UH, NOBODY'S ASKED ME DIRECTLY, SO, UM, OKAY. I WOULD SAY THAT'S A SHOW OF GOOD FAITH ON OUR SIDE. GOOD. HE'S BEEN TRYING TO, MARIO. OKAY. INTERJECT. THANK YOU, MR. WEST. UM, WHEN, WHEN I CAME HERE LAST TIME, LIKE TWO, TWO AND A HALF WEEKS AGO, UH, I PAID THE FEE, YOU KNOW, HE SAID, YOU SHOULD COME OVER HERE. MAYBE I GET THE REFUND. I MEAN, I WASN'T TOLD FROM ANY OF THAT, I WAS JUST TOLD, BUT BASICALLY LIKE, HEY, YOU PAID THE FEE, YOU CAN START WORKING AGAIN. AND THAT JUST DIDN'T HAPPEN. AND TO, TO SAY THAT THIS WAS ALL DOCUMENTED AND ALL THAT, I MEAN, HE, VICTOR MIGHT HAVE TALKED TO DAVID. THIS IS MY FIRST TIME EVEN SEEING VICTOR. I, I DON'T THINK I'VE EVER SEEN HIM BEFORE. AND SO, LIKE, THE COMMUNICATION, LIKE I SAID, AGAIN, IT, IT IS COOL. WE CAN SAY LET'S, LET'S, LET'S LIKE EXPEDITE IT AND ALL THAT. WE, I CAN SHOW YOU, THEY GAVE ME MY SOLUTIONS BEFORE AND IT STILL WAS, YOU KNOW, MOVING THE GOAL POST, MOVING THE GOAL POST. SO THIS SOUNDS GOOD. I REALLY WANT THIS TO WORK. I HAVE NO CHOICE BUT TO SAY YES BECAUSE I'M ALREADY STUCK IN THIS. BUT YOU MIGHT, YOU MIGHT SEE ME HERE NEXT MONTH, YOU KNOW, RIGHT HERE IN FRONT OF YOU GUYS TALKING ABOUT THE SAME THING. 'CAUSE LIKE I SAID, I'VE ALREADY DONE THIS BEFORE. UM, AND JUST ISSUING BACK THAT REFUND, THAT'S REALLY ALL I WANT. I JUST WANT THE MONEY BACK AND WE CAN START FRESH. THAT'S NO PROBLEM. BUT THIS IS THE FIRST TIME IN 20 MONTHS I CAN START FRESH. SO IF YOU'RE PROVIDING ME THE OPPORTUNITY, I'M MORE THAN WILLING TO TAKE IT. THANK YOU. BUT YES, I DO WANT THE REFUND BACK. THANK YOU. YEAH. AND MARIO, WHENEVER YOU PAID THAT FEE, IT WAS MY IMPRESSION FROM WHAT I HAD BEEN TOLD THAT DAY IS THE PERMIT HAS EXPIRED. THAT WAS THE DEAL. THAT'S WHY YOU PAID THE FEE INCORRECT. YOU'VE BEEN FAIR WITH ME ON THAT. YES. SO I APPRECIATE THAT. SO IF, IF, IF COUNSEL'S NOT, UH, ARGUMENTATIVE ON THIS OR I'M NOT ASKING FOR ACTION, BUT JUST KNOW THAT WE'RE ALL ON THE SAME PAGE SO WE CAN GET THIS MOVING FORWARD AND GET IT DONE. I'M GOOD WITH THAT STAFF. ARE YOU GOOD WITH THAT? I MEAN, WELL, I WILL PERSONALLY MAKE SURE THIS GOES THROUGH AND ALL THE COMMUNICATIONS THERE. I JUST WANNA ADD ONE COMMENT. MM-HMM . I WANNA REMIND STAFF AND THE BUILDER THAT THERE IS A BUILDER SUBCOMMITTEE. AND YOU KNOW, I WOULD, [06:20:01] I'M ON THE COMMITTEE. I KNOW MS. OWENS, UM, UH, MAYOR PRO, TIM, MS. OWENS IS ON THE SUBCOMMITTEE. UM, I WOULD WELCOME YOU GUYS TO, IF, IF DURING THIS PROCESS, IF IT'S NOT WORKING OR YOU FEEL TARGETED OR YOU DON'T FEEL LIKE THINGS ARE GOING RIGHT, FIRST, YOU'RE GONNA BE PUTTING EVERYTHING IN WRITING, RIGHT? MM-HMM . BUT FEEL FREE TO REACH OUT TO THE SUBCOMMITTEE ORIGINALLY. I WON'T GO INTO DETAILS WHY IT WAS ORIGINALLY DESIGNED TO BE AN ADVOCACY SUBCOMMITTEE FOR THESE EXACT EXAMPLES. NOW, THE PREVIOUS COUNCIL DECIDED THEY DIDN'T WANT THAT LEVEL OF SUBCOMMITTEE GETTING INVOLVED MM-HMM . BUT THE GOAL OF THAT SUBCOMMITTEE WAS TO HELP YOU DIRECT YOURSELF TO PEOPLE WHO CAN HELP YOU. RIGHT? SO, UM, IF YOU DON'T FEEL LIKE JORDAN'S DOING A GREAT JOB ON THIS NEW, THIS NEW, THIS NEW OPPORTUNITY, YOU KNOW, FEEL FREE TO REACH OUT TO THAT SUBCOMMITTEE AND MAYBE WE CAN DIRECT YOU IN THE RIGHT PATH FORWARD. AND THANK YOU FOR THAT INFORMATION. 'CAUSE THIS IS THE FIRST IN 20 MONTHS I'M HEARING THAT. SO I APPRECIATE THAT. 'CAUSE I DEFINITELY WOULD'VE DONE THAT 20 MONTHS AGO IF THAT WAS MADE AVAILABLE. SO THANK YOU. I'M NOT SURE WHEN THAT SUBCOMMITTEE WAS DONE. IT MAY NOT HAVE BEEN 20 MONTHS AGO. THAT'S CORRECT. YEP. UM, AND, UH, SO I, I'M JUST GONNA SAY, I MEAN, REALLY STARTING FROM SQUARE ONE, THINGS ARE PRETTY STRAIGHTFORWARD. I THINK, YOU KNOW, THINGS GOT AW ARRAY AND SO THEN YOU WERE BEHIND EVERY TIME ON THOSE PERMITS, RIGHT? SO I THINK AT THIS POINT, UM, IF Y'ALL ARE AGREEABLE, LOOKS LIKE JORDAN IS READY TO GO, CODE IS CODE, UM, YOU KNOW, LET'S, UH, IT LOOKS LIKE WE'VE GOT A LOT OF THE DOCUMENTS AND THE STUFF THAT NEEDS TO BE DONE, UH, PROCEEDED FORWARD. I'M CHARLES, I'M JORDAN. YOU TAKE CARE OF THE CODE. LET'S, UH, GO AHEAD AND START OVER AND REFUND THE, UM, EXTENSIONS AND STUFF, AS YOU WERE SAYING. YEAH, WE'LL GET ALL THIS TAKEN CARE OF FIRST THING MONDAY MORNING. ALRIGHT, GOOD. OKAY. ALRIGHT, WE'RE GONNA MOVE ON. GONNA MOVE ON TO, [IX.4. Discussion and possible action that the City of Lago Vista provide lifeguards during general public operation hours of the Lakeside at Tessera pool during 2026.] UH, 9.4, UH, DISCUSSION AND POSSIBLE ACTION THAT THE CITY OF LAGO VISTA PROVIDE LIFEGUARDS DURING GENERAL PUBLIC OPERATION HOURS OF THE LAKESIDE AT TEERA POOL DURING 2026. I'LL JUST SAY AGAIN THAT THIS IS A WORK SESSION AND, UH, SO THERE'S NO ACTION TO BE TAKEN. THIS IS JUST DISCUSSION. MAYOR, IF, IF YOU'LL LOOK AT THE WAY THAT'S WORDED AND THE ATTORNEY CAN CORRECT ME, THIS SHOULD HAVE ACTUALLY BEEN AN ACTION ITEM DISCUSSION AND POSSIBLE YEAH. DISCUSSION AND POSSIBLE ACTION. YES, MA'AM. SO, YEAH, THE, THE HEADING UNDER WHICH IT'S LISTED IS NOT WHAT CONTROLS, IT'S THE LANGUAGE OF, IT'S THE LANGUAGE, THE AGENDA ITEM ITSELF. AND SO BECAUSE IT SAYS DISCUSSION POSSIBLE ACTION MR. WEST IS RIGHT. YOU GUYS CAN TAKE ACTION ON IT TONIGHT IF YOU WISH. PERFECT. THANK YOU. ALL RIGHT. WITH THAT, UM, WHOSE ITEM, THAT'S ALL. MR. HALL. UH, WITH RE WITH REGARD TO, UH, THIS PARTICULAR ITEM, UH, IT'S BEEN DISCUSSED, UH, UH, A NUMBER OF TIMES. UH, THE, UH, POOL IS, UH, OWNED BY THE CITY. UH, THE, UH, LIFEGUARDS ARE ONLY PROVIDED, UH, AT DURING THE CITY HOURS. AND OTHERWISE, UH, WE HAVE, UM, LOTS MORE HOURS OF, OF THE DAY AND, AND WEEKEND WHEN THE POOL IS, UH, BEING OPERATED WITH NO LIFEGUARDS AND NO MONITOR. UH, SO THE RESIDENTS, UH, UH, FEEL THAT WELL, IF THE CITY REQUIRES THAT FOR THE CITY'S PURPOSE, THEN THE CITY OWNS A POOL, THE CITY SHOULD PAY FOR THE LIFEGUARDS, UH, WHICH SEEMS TO BE A, A, A REASONABLE, UH, UH, POSITION. THE OTHER THING IS THAT, UM, YOU KNOW, THIS, THIS, THIS HAS BEEN, UH, THE AGREEMENT THAT, UH, BETWEEN HEES AND, UH, AND THE CITY, UH, THE 2017 AGREEMENT, UH, IT, IT'S BEEN, UM, IT, IT'S, WE'VE ALL AGREED THAT THAT'S WAS, WAS NOT SOMETHING THAT WE SHOULD BE, SHOULD HAVE BEEN DONE OR SHOULD BE DONE AGAIN IN THE FUTURE. UH, THAT'S NOT THE, THE BEST WAY TO, TO, UM, UH, TO, TO HANDLE THAT KIND OF, OF, UH, TRANSFER OF PROPERTY TO THE CITY. AND, AND YET THE, UH, HOA IS RESPONSIBLE FOR A HUNDRED PERCENT OF THE, UH, OPERATION, UH, OF THAT, UH, OF THAT, OF THAT POOL. SO, UM, SO THIS WOULD BE A, UH, A GOOD FAITH EFFORT TO AT LEAST, UM, UH, NOT REQUIRE THE HOA TO PAY FOR, UH, LIFEGUARDS [06:25:01] THAT ARE ONLY THERE BECAUSE THE CITY REQUIRES THEM. UH, IT HAS BEEN POINTED OUT THAT, UH, WHAT IF, IF THE CITY ASSUMES THAT COST IN, IN WHATEVER WAY THAT IS DONE, WHETHER IT BE, UH, A, A-A-A-A-A-A-A PAYMENT BACK TO THE HOA, UH, BASED ON THE COSTS OF THAT SERVICE, UH, OR WHETHER THE HOA, UH, IS ABLE TO TRANSFER THE, THE CONTRACT TO THE CITY, UH, AND THE CITY PAYS THAT DIRECTLY, REGARDLESS OF HOW THAT'S DONE, IT'S BEEN POINTED OUT THAT THE, THE RESIDENTS WOULDN'T SEE ANY, ANY DIFFERENCE IN THEIR HOA FEE. UH, I, AND, AND THAT COULD BE ALLEGED, WHETHER IT'S 2026 OR WHETHER THAT'S REQUIRED FOR 2027, WHETHER, WHETHER THE CITY AGREES TO THAT. UH, UH, HOWEVER, UH, THE HOA, UH, IS OPERATING IN A BUDGET AND, UH, THAT BUDGET, UH, THERE'S A LIMIT ON SORT, SORT OF LIKE THE CITY IS A LIMIT ON HOW MUCH WE CAN TAX THE, THE CITY RESIDENTS. THERE'S A LIMIT ON HOW MUCH THE, UH, HOA, UH, CAN, UH, REQUIRE. UH, ITS THE RESIDENTS TO PAY AND, UH, I, WE, WE HAVE SEEN AND ARE AWARE OF, YOU KNOW, RIGHT NOW, UH, UH, A SITUATION WHERE THE POOL IS NOT BEING ADEQUATELY MAINTAINED AND NOT BEING MAINTAINED BY, UH, BY CITY, BY SAFETY STANDARDS THAT THE CITY, UH, UH, SHOULD RIGHTFULLY REQUIRE. SO WHETHER THAT MONEY IS, IS, IS, IS, IS THEREFORE USED BY THE HOA, UH, TO, UH, HELP IMPROVE THE HEALTH AND SAFETY OF, OF THAT POOL OR, UH, OR FOR, UH, OTHER, OTHER USE, UH, UH, WHERE, UH, THE HOA NEEDS TO DO, DO THINGS, INCUR EXPENSES THAT IT'S NOT ABLE TO DO, TO DO CURRENTLY. BUT I I THINK IT STAYS THE SAME. IT'S THE, THE ISSUE IS IT'S A CITY POOL. THE CITY'S REQUIRING LIFEGUARDS OR DURING THE PERIOD OF TIME IT'S OPERATING. SO IN ALL FAIRNESS, THE CITY SHOULD PAY FOR THOSE OP THOSE LIFEGUARDS. THANK YOU COUNCILLOR HOWELL. ALL RIGHT. DO WE HAVE ANY QUESTIONS, MAYOR, IF I MIGHT MAKE ONE STATEMENT. IT'S NOT, YES, MR. WEST, IT'S NOT THE CITY THAT'S REQUIRING THE LIFEGUARDS, IT'S THE STATE OF TEXAS THAT IS REQUIRING THE LIFEGUARDS. SO, AND, AND IF THE CITY IS GOING TO PICK UP THAT COST, THEN WE'RE GONNA HAVE A SUBSTANTIAL BUDGET AMENDMENT THAT'S GONNA HAVE TO HAPPEN. AND I'M ALREADY WORKING ON NEXT YEAR'S BUDGET, AND WITH NEXT YEAR'S BUDGET, JUST OFF OF THE PRELIMINARY NUMBERS PROVIDED BY THE TRAVIS COUNTY TAX ASSESSOR COLLECTOR, WE'RE GOING TO LOSE ABOUT $184 MILLION IN PROPERTY VALUE, WHICH IS GOING TO E EQUATE IF WE MAINTAIN OUR CURRENT TAX RATE AND THIS, AND THE, UH, PRELIMINARY VALUE STAND. WE'RE GOING TO BRING IN $775,000 LESS IN REVENUE ON A VALOREM TAX ALONE THAN WHAT WE DID THIS YEAR. SO I'M ALREADY WORKING AT A DEFICIT, AND NOW WE'RE GONNA BE ADDING OTHER FACTORS IN THERE THAT WE HAVE NOT ACCOUNTED FOR. THIS COULD GET TO BE A VERY EXPENSIVE ORDEAL. I JUST WANT COUNSEL TO BE AWARE OF THAT BEFORE WE AGREE, OR BEFORE COUNSEL AGREES. AND IT'S NOT A WE, THIS IS, STAFF'S GONNA DO WHATEVER COUNSEL WANTS TO DO THERE, BUT I JUST WANTED TO MAKE Y'ALL AWARE THAT THIS COULD HAVE A SIGNIFICANT NEGATIVE EFFECT ON THE BUDGET. UH, IF I COULD ADD THAT, THAT SIGN THAT, UH, COST IS ABOUT $36,000 IS MY UNDERSTANDING. SO THAT 36,000 PER MONTH? NO, NO TOTAL FOR THE SUMMER. OH, FOR THE SUMMER. SO YOU, YOU KNOW, I DON'T KNOW WHETHER YOU, WHAT WE CALL AS SUBSTANTIAL, BUT UH, $36,000 IS NOT, UH, IS NOT CATASTROPHIC FOR THE CITY. I AGREE. BUT I THINK THIS OPENS UP THE DOOR TO LIABILITY, THAT IF WE'RE GONNA START PAYING FOR IT, THEN YOU'RE GONNA HAVE TO TREAT THE POOL AS A, A CITY POOL FOR, FOR ANY OPERATION HOURS. BUT LIKE I SAID, THAT'LL BE BETWEEN COUNSEL AND LEGAL COUNSEL'S ADVICE. COUNCILLOR SHERIA, THIS MAY COME UP AS A LITTLE RUDE, BUT, UM, PLAY STUPID GAMES. WIN STUPID PRIZES. AND THAT'S MY, BEEN MY PHILOSOPHY ON THIS WHOLE CONTRACT BETWEEN THE CITY AND HOA, UM, AS I VIEW IT, I THINK THAT THIS WAS DOOMED FROM THE GET GO. UM, [06:30:01] AND IT'S ONLY RIGHT THAT IT SHOULD BE RAN AS A CITY POOL YEAR ROUND. UM, AND IF THAT MEANS THAT IT NEEDS TO BE SHUT DOWN, IT NEEDS TO BE SHUT DOWN DURING CERTAIN OP OPERATION SEASONS, UM, IT NEEDS TO BE MAINTAINED, OPERATED, AND HELD TO THE STANDARD OF A CLASS B POOL. UM, THIS IS NOT GONNA BE SOMETHING THAT PEOPLE AT LIKE, BUT THAT'S JUST MY, THAT'S MY OPINION ON IT. BUT MY OPINION IS BASED ON, YOU KNOW, A LOT OF, A LOT OF RESEARCH I'VE DONE ON, YOU KNOW, MITIGATING RISK AND LIABILITY ISSUES AND STANDARD SET TO SAY IS JUST NOT MEANING, UM, FOR A PUBLIC POOL. UM, IT PUTS THE CITY AT RISK. UM, IT DOESN'T JUST PUT THE HOA AT RISK. UM, BUT THE HOA, EVEN IF WE WERE TO TAKE OVER THE CONTRACT, UH, AND, AND PAY, YOU KNOW, THIS COMPANY DIRECTLY, THE THESE FEES, THE HOA IS NOT GONNA GET A BOONDOGGLE OF, UH, MONEY BACK ON IT AND USE THAT TOWARDS FIXING THE POOL. THEY'VE, THEY'VE, UH, ESTABLISHED THEMSELVES AS, AS BEING VERY HANDS OFF WHEN IT COMES TO MAINTENANCE OUT THERE, WHETHER IT BE TRAILS, WHETHER IT BE STREETS, STREET LIGHTS, THE POOL, ESPECIALLY. UM, IT DOESN'T EVEN MEET CLASS C SAFETY STANDARDS OUT THERE. SO FOR IT TO FALL IN LINE TO BE EVEN A CITY POOL, UM, THERE'S SIGNIFICANT, UM, THINGS THAT WOULD HAVE TO, YOU KNOW, HAPPEN OUT THERE. SO THAT'S MY STATEMENT ON THAT ONE. BRAD, FORGIVE ME. YOU LOOK LIKE YOU NEED TO SAY SOMETHING. ONLY IF YOU, ONLY IF YOU THINK YOU'RE GONNA TAKE ACTION. I, I KNOW IT'S GETTING LATE AND I, I I, I DON'T WANT TO LENGTHEN THE MEETING, BUT, UM, BUT WE MAY NEED TO GO BACK INTO EXECUTIVE SESSION FOR ME TO GIVE YOU SOME INFORMATION THAT I THINK IS PERTINENT. OKAY. UH, THE ONLY OTHER THING THAT, UM, DOES ANYBODY ELSE HAVE QUESTIONS? I DO HAVE THIS QUESTION THAT THE, THE NUMBER $36,000 FOR THE SEASON WAS THROWN OUT THERE. AND DAVID, IF, IF ANYBODY IN THE ROOM HAS THIS NUMBER, IT WOULD BE YOU. WHAT, WHAT IS OUR TOTAL COST OF LIFEGUARDS AT THE, THE, THE OTHER CITY POOL, UH, FOR THE SUMMER? THANK YOU COUNCILLOR PRINCE. I JUST WANT TO VALIDATE, I WAS THINKING THIS IS, IF THIS IS A CITY POOL YEAH. WHAT DOES IT COST? YEAH, YEAH, THAT'S EXACTLY THE POINT OF MY QUESTION. SURE. NOW, WE OBVIOUSLY OPERATE A MORE EXTENSIVE SEASON. UH, WE RUN EIGHT HOURS A DAY. THEY'RE REQUIRED TO, TO RUN THREE AND A HALF HOURS A DAY. SO OUR COST IS APPROXIMATELY 69,000 BUCKS. UM, THE LIFEGUARDS THERE ARE REQUIRED APPROXIMATELY 227 AND A HALF HOURS AT, AND THE CONTRACT SAYS THAT THEY'RE REQUIRED TO PROVIDE FOUR, THAT'S $122 PER HOUR. SO THAT COST, I THINK, RUNS ABOUT $37,000. BUT WE'RE ON THE ORDER THREE TIMES THAT THE HOURS WE'RE OPERATING HAD TOGETHER. WE'RE AT 69. SO LESS THAN DOUBLE. YEAH. AND AGAIN, THAT'S, YOU'RE TALKING STRICTLY LIFEGUARD COSTS. AND, AND THAT'S COMING BACK TO MR. WEST COMMENT, HOW FAR DOWN THE PATH YOU NEED TO GO. SO I'M HEARING THIS 36,069, THAT'S STRICTLY LIFEGUARDS. THAT'S NOT THE CHEMICAL AND MAINTENANCE OF THE PULLING UPKEEP. COUNCIL MAYFIELD, UM, YOU KNOW, MY, MY COMMENT TO, UH, I THINK IT WAS MY EMAIL TO MR. WEST IS, YOU KNOW, I'D LIKE TO, I WOULD LIKE TO SEE SOME ACTION IF WE CAN GET THERE. WE ARE, YOU KNOW, WEEKS AWAY FROM SEASON GOING IN FULL, YOU KNOW, I THINK IT'S WHAT LABOR DAY IS, WHEN IT'S LIKE ALL THE WAY, IS IT LABOR DAY OR MEMORIAL DAY? MEMORIAL? MEMORIAL DAY. YOU KNOW, EVEN THOUGH IT'S OPEN TODAY, I MEAN, PEOPLE ARE GONNA START USING THIS POOL. AND SO I DON'T WANNA PROLONG IT ANYMORE THAN WE NEED TO. BUT, UM, IF, IF WE NEED TO GO INTO EXECUTIVE SESSION, GET SOME COUNSEL AND THEN COME BACK AND IF WE CAN GET THEIR GRADE, IF WE CAN'T, THEN WE TABLE IT. BUT, UH, ANYTHING THAT WE DO, I'D LIKE TO HAVE DONE BEFORE THE SEASON IS UPON US. MM-HMM . WELL, CAN I ASK, UM, MAYBE, MAYBE WE WILL GO BACK AND DISCUSS IT, BUT WE HAD THE EARLIER DISCUSSION IN EXECUTIVE SESSION, AND I DON'T KNOW IF THAT DISCUSSION POTENTIALLY CONFLICTS WITH THIS DISCUSSION 'CAUSE IT'S A LARGER ISSUE AS COUNCIL CHA HAS BROUGHT UP THAT WE NEED TO CONSIDER. I'LL, I'LL ANSWER THAT BACK THERE. YEAH. OKAY. , , I [II. EXECUTIVE SESSION (Part 2 of 2)] THINK AT THIS POINT WE'RE GONNA GO AHEAD AND GO BACK INTO EXECUTIVE SESSION. UM, I THINK I NEED PURSUANT TO 5 5 1 0.071 FOR ADVICE FROM LEGAL COUNSEL RELATED TO AGENDA ITEM, UH, WHATEVER THAT IS PURSUANT TO 9 4, 9 0.4. THANK YOU. THERE WE GO. WHAT, WHAT BRAD SAID. [06:35:01] THANK YOU. SO WE'RE NOT BACK FROM EXECUTIVE SESSION AT 1116. ALRIGHT. UM, SO THERE I WILL, UH, IF THERE'S ANY CONVERSATION, ANY LAST MINUTE NOTES, IF NOT, I'LL ENTERTAIN A MOTION. NO ACTION. JUST NO, NO ACTION. JUST NO ACTION. ALRIGHT. ALL RIGHT. AND SO NEXT [X. ITEMS OF COMMUNITY INTEREST] ON HERE IS ITEMS OF COMMUNITY INTEREST. UM, I'LL JUST RUN THROUGH IT. UH, JESS, DO YOU HAVE ANY, UH, COMMUNITY INTEREST ITEMS? NO. I'LL, I'LL DEFER THAT. . ALRIGHT, I'M GONNA GO DOWN THE LIST. COUNCIL, BENFIELD, LET ME GO THROUGH MY EXTENSIVE NOTES HERE. , NOW I'M GOOD. I'M NO, NO ACTION. NO ONE. ALRIGHT, THIS IS COMMUNITY INTEREST. UH, AND WE STILL HAVE A COUPLE OF OTHER THINGS, BUT, UH, UH, COUNCILLOR CH UH, ONLY COMMUNITY INTEREST I'VE, I CAN RECOGNIZE IS EVERYBODY WANTS TO GO HOME. OKAY. THANK YOU. UH, SAME HERE ON MINE. ALL RIGHT. COUNCILOR PRINCE. COUNCILOR NESS. ALL RIGHT, SO WE'RE GOOD THERE. GREAT. ANY, UH, ROUTINE REPORTS [XI. STAFF AND COUNCIL LIAISON REPORTS] FROM CITY STAFF? WAS THERE ANYTHING ADDITIONAL? NO, I THINK I COVERED WHERE WE'RE AT BUDGET WISE. SALES TAX WISE, WE ARE 2.93% UP OVER LAST YEAR ON SALES TAX. PROPERTY TAX OR A VALOR. TAX REVENUES ARE RIGHT WHERE THEY'RE AT. EXPENDITURES OVERALL, WE'RE, WE'RE TRACKING. OKAY. BUT WE ARE NOT SEEING WHERE WE WERE BUILDING LAST YEAR BECAUSE WE ARE ALMOST AT FULL STAFF CITYWIDE. SO MY EXPENSES HAVE GONE UP, BUT IT'S TRACKING WITHIN OUR BUDGET, SO. ALL RIGHT. AND, UH, ROUTINE REPORTS FOR, FROM THE COUNCIL AND COMMISSION AND, UH, COMMITTEE LIAISONS. UM, JUST, DO YOU HAVE ANYTHING, UH, I PULLED THAT OUT, BUT, UH, CAN IT GO ON THE FORUM? YES. OKAY. , COUNCILOR BENFIELD, ANYTHING? COUNCILOR CHAVARRIA, UH, ONLY UPDATE THAT I HAVE IS, UM, WHAT FROM BOC IS WHAT WE'VE ALREADY PASSED THIS EVENING. UM, AND THEN FOR THE, UH, KLVB THERE, UM, THEY, I WAS KIND OF SENT LIKE AN AMENDED PRESS RELEASE FROM THEM, BUT THEY WANTED, UH, TO LET EVERYONE KNOW THAT OUR, UH, WE RAISED OVER A THOUSAND DOLLARS AT THE ARBOR DAY PLANT EVENT AND ADDED, UH, ANOTHER TREE TO THE 73 TREES. KLBB HAS PLANTED AND CARES FOR WITH A DONATION FROM, UH, AMINE. UM, WE PICKED UP OVER ONE TON OF TRASH, UH, ON THE GREAT AMERICAN TRASH OFF ON APRIL 18TH, AND WE RECEIVED A $950 DONATION FROM THE YOUTH ADVISORY COUNCIL. SO IT WAS A PRETTY PRODUCTIVE APRIL. FANTASTIC. COUNCIL PRINCE, UM, COUNCILOR MENEZ? NO MA'AM. ALRIGHT. AND I'LL JUST SAY, UM, WE'VE HAD SOME, UH, ACTIVITY WITH THE, UM, INFRASTRUCTURE PLANNING ADVISORY SUBCOMMITTEE. THANK YOU TO COUNCILOR BENFIELD, COUNCILOR PRINCE FOR BEING THERE. WE'VE GOT SOME FUTURE WORK COMING UP AND NOTES WILL BE ON THE FORUM AS THINGS PROGRESS. SO WITH THAT, ARE WE GOOD? YES. ALL RIGHT. SO I NOW, UM, BRING THIS MEETING TO A CLOSE AT 11:20 PM WE'RE NOW ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.