Sep 05, 2023 City Council Regular Meeting

THAT BRINGS US TO SECTION 3, REPORTS AND PRESENTATIONS.

I WILL BE GIVING ALL REPRESENTATIONS FROM 3(A), 3(B), 3(C) AND 3(D).

I WILL CALL THEM ALL FORWARD.

I WILL HAVE SEPARATE PRESENTATIONS FOR EACH ONE.

BUT 3(A) IS TO RECEIVE A REPORT AND HOLD A DISCUSSION ON LOCAL OPTION ELECTION PROCESS, 3(B) IS TO DISCUSS AND REVIEW CITY COUNCIL POLICY NUMBER 40, CITY BOARDS COMMISSIONS AND COMMITTEE APPOINTMENT PROCESS AND THE CITY CODE OF ORDINANCES CHAPTER 2, SECTION 2-3,1.

3(C) IS TO REVIEW, DISCUSS, AND PROVIDE STAFF DIRECTION ON COUNCIL POLICY NUMBER 17, WHICH IS THE CITY COUNCIL RULES OF PROCEDURE FOR CITY COUNCIL MEETINGS, ESTABLISHING CITY COUNCIL RULES OF PROCEDURES FOR CITY COUNCIL MEETINGS.

I'VE STUMBLED IN THERE. THEN 3(D), RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF WITH FEEDBACK ON THE PROPOSED 2024 COUNCIL CALENDAR.

I WILL BE PRESENTING ALL THE ITEMS. I DID WANT TO SAY THIS IS FOR REPORT PROCESS ONLY.

THERE IS NO ACTION THAT THE COUNCIL WILL BE TAKING ON ANY OF THESE ITEMS THAT I'M ABOUT TO PRESENT.

WE'LL START WITH LOCAL OPTION. CAN YOU TURN THAT.

[3.A. Receive a report and hold a discussion on Local Option Election process. (Staff Presenter: Amanda Campos, City Secretary]

THANK YOU. THIS IS NOT BECAUSE I'VE RECEIVED ANY REQUESTS FROM THE PUBLIC.

I JUST WANT TO MAKE THAT STATEMENT RIGHT NOW.

THERE HASN'T BEEN ANY CITIZEN OR GROUP THAT HAS COME FORWARD TO ME AND REQUESTED THAT WE HAVE A LOCAL OPTION ELECTION OR WHAT IS THE PROCESS.

I WAS REQUESTED BY A COUNCIL MEMBER TO PLACE THIS ON AN AGENDA.

IT'S PROBABLY ABOUT TWO MONTHS AGO THAT THE COUNCIL MEMBER ASKED FOR IT.

BUT BETWEEN BUDGET HEARINGS AND BUDGET SPECIAL, WE WANTED TO MAKE SURE WE HAVE PLENTY OF TIME TO DISCUSS THIS ONE, SO WE'LL GO THROUGH THIS PROCESS.

FIRST OF ALL, AN OVERVIEW.

I THINK I'VE GIVEN THIS OVERVIEW BEFORE.

JOHNSON COUNTY PORTION OF BURLESON WAS DRY UNTIL 2004.

AT THAT TIME, WE TOOK ADVANTAGE OF A LOCAL OPTION ELECTION, HELD ONE IN MAY WITH TWO MEASURES ON THERE.

ONE MEASURE PASSED AND THE OTHER ONE FAILED.

WE WAITED TWO YEARS, CAME BACK WITH THE SECOND LOCAL OPTION ELECTION TO TRY TO PASS THAT SECOND MEASURE AND IT WAS PASSED THROUGH.

NO OTHER LOCAL OPTIONS HAVE BEEN HELD TO DATE.

SINCE THAT TIME OF THOSE ELECTIONS, WE HAVE NOT HAD ANY OTHER LOCAL OPTION ELECTIONS.

STEPS IN DOING THIS, THE VERY FIRST STEP IS GOING TO BE AN APPLICATION FOR THE PETITIONS.

THIS NEEDS AT LEAST 10 QUALIFIED VOTERS OF THE CITY.

ANYBODY THAT'S A QUALIFIED VOTER, THE CITY CAN ASK FOR THESE PETITIONS TO BE ISSUED TO THEM.

ONCE I RECEIVE THE APPLICATION, THEN I'LL ISSUE THE PETITIONS TO THEM.

THEY'LL RETURN TO ME FOR VERIFICATION OF THE SIGNATURES THAT ARE ON THERE.

IF ACCEPTED WITH THEIR CORRECT AMOUNT, THEN I MUST PRESENT THOSE TO THE CITY COUNCIL SO THAT THE CITY COUNCIL CAN THEN ORDER THE ELECTION FOR THE NEXT UNIFORM ELECTION DATE.

THAT'S IMPORTANT ON HERE BECAUSE EVEN IF SOMEBODY CAME IN TODAY, AND THEY STARTED THE PROCESS AND THEY GOT THAT DONE, WE'VE MISSED THE NOVEMBER ELECTIONS.

THE NEXT ELECTION CYCLE WOULD BE FOR MAY.

JUST SO EVERYBODY WATCHING THOSE, YOU COULD DO THIS AHEAD OF TIME, GET THAT PUT IN THERE, AND THEN ONCE THEY ORDER, THEY WOULD NOT BE ABLE TO ORDER IT UNTIL THE NEXT UNIFORM ELECTION DAY.

THOSE ARE THE NEXT UNIFORM ELECTION DAYS RIGHT THERE.

MAY 4, 2024 WOULD NEED TO BE CALLED BY FEBRUARY 2024 AND NOVEMBER 5TH, 2024, AND SO AUGUST WOULD BE THE DEADLINE TO CALL THAT ONE.

WHAT DOES THE APPLICATION FOR PETITION LOOK LIKE? [NOISE] IT MUST BE A WRITTEN APPLICATION AND IT MUST BE BY 10 OR MORE QUALIFIED VOTERS OF THE CITY.

THAT'S THERE SPECIFICALLY.

THERE'S NO SPECIFIC FORM OTHER THAN THE SECRETARY OF STATE'S OFFICE DOES HAVE ON THEIR WEBSITE WHERE YOU CAN PULL A GENERIC FORM DOWN OR YOU CAN CREATE YOUR OWN ON THIS PART OF IT, ON THE APPLICATION FOR A PETITION.

THIS IS THE FIRST STEP WHERE 10 QUALIFIED VOTERS OF THE CITY WILL COME TO ME AND ASK ME FOR PETITIONS.

THIS IS NOT THE PETITIONS.

THE PETITIONS WILL ACTUALLY HAVE TO COME OUT OF MY OFFICE.

THEN THEY MUST PUBLISH A NOTICE IN THE NEWSPAPER.

ONCE SOMEBODY COMES IN AND STARTS ASKING ABOUT THIS, I'LL POINT THEM TO ALL OF THE RELEVANT LOCAL OPTION ELECTION RULES THAT ARE IN PLACE THAT THEY WILL HAVE TO FOLLOW.

THEY'RE PRETTY WELL LAID OUT.

THE SECRETARY OF STATE'S OFFICE HAS DONE A GREAT JOB WITH THAT AND SO ANYBODY CAN FOLLOW THAT FORMAT. ONCE I VERIFY THOSE TEN SIGNATURES, THEN I'M GOING TO ISSUE THE PETITIONS TO THEM.

[00:10:01]

THE PETITIONS ARE REQUIRED TO BE IN ENGLISH AND SPANISH.

EACH POSITION BEFORE ONLY ONE MEASURE.

IF THEY COME IN AND THERE'S TWO DIFFERENT MEASURES THEY WANT, THEIR PETITION CAN'T COMBINE BOTH OF THOSE OPTIONS ON ONE PETITION, SO I'LL LIST THOSE OUT SEPARATELY.

THERE IS NO OFFICIAL PETITION, LIKE I SAID, BUT THERE IS PRESCRIBED REQUIRED FORMAT FOR THOSE R BOXES THAT HAVE TO HAVE THERE SO I'LL PUT THOSE IN THERE FOR THEM.

PETITION. A PETITION CAN LIST ANY ONE OF THESE 10 MEASURES.

THESE ARE THE 10 LOCAL OPTIONS OR MEASURES THAT THEY HAVE IN FRONT OF THEM TO DO.

I'VE HIGHLIGHTED OR PUT IN RED THE OPTIONS THAT WE ALREADY HAVE IN PLACE.

WE HAVE NUMBER 3 AND NUMBER 9 IN PLACE.

WHEN YOU REVIEW THESE AND LOOK AT THAT, ANY OF THESE ARE NOT GOING TO GIVE YOU OR GAIN YOU ANYTHING ELSE EXCEPT FOR THE ONE THAT'S JUST GOING TO BE THE LEGAL SALE OF ALL ALCOHOL.

BECAUSE WE ALREADY HAVE THE RESTAURANTS WITH THE FOOD AND BEVERAGE THAT CAN SERVE THE FULL GAMBIT OF ALCOHOL.

THEN WE ALSO HAVE MALT BEVERAGE AND WINE FOR OFF-PREMISE CONSUMPTION ONLY, WHICH IS YOUR GROCERY STORES AND PLACES LIKE THAT.

NUMBER OF SIGNATURES IS SOMETHING I ALWAYS GET QUESTIONS ABOUT.

HOW MANY SIGNATURES AM I GOING TO NEED? I CAN GIVE YOU A GUESTIMATE, BUT UNTIL I HAVE SOMETHING TURNED INTO ME BECAUSE IT IS CONTINGENT ON PREVIOUS ELECTIONS.

IF SOMETHING IS TURNED IN TODAY THAT THAT NUMBER MAY LOOK DIFFERENT.

IF SOMEBODY ASKED ME FOR IT IN JANUARY BECAUSE WE'RE GOING TO HAVE AN ELECTION COMING UP IN NOVEMBER. DO YOU SEE WHAT I MEAN? IT'S ALWAYS FLUCTUATING THERE.

THAT'S IT RIGHT THERE, 25% OF REGISTERED VOTERS IN THE LAST GENERAL ELECTION.

IF, AND THEN YOU HAVE TO READ THAT IF THE BALLOT MEASURE IS FOR LEGAL SALE OF ONE ON-PREMISE FOR A WINERY, WHICH WE WOULDN'T NEED TO HAVE THAT IN THE CITY, WE'RE COVERED UNDER THE ONES WE HAVE ALREADY.

BUT 35% AND YOU CAN READ ON THOSE.

I KNOW PEOPLE COME TO ME AND THEY WANT THAT DEFINITE NUMBER.

LET'S SAY I CAN GET NINE FRIENDS TO GIVE YOU AN APPLICATION AND I CAN GET MY PETITIONS IN PLACE.

HOW MANY SIGNATURES DO I NEED? I WILL GIVE THEM A BEST GUESS, BUT I WILL TELL THEM DO NOT HOLD ME TO THAT ONE BECAUSE IF YOU DEPENDS ON WHEN YOU GO OUT THERE AND TRY TO CIRCULATE THAT PETITIONER WHEN YOU TURN IN THAT APPLICATION TO ME.

IF IT'S LATER ON, THEN IT COULD LOOK DIFFERENT AND IT HAS PASS THROUGH DIFFERENT ELECTIONS SO FAR.

VALID PETITIONS, I HAVE TO PRESENT THE FINDINGS TO THE CITY COUNCIL RECORDED IN THE MINUTES OF THE CITY COUNCIL MEETING TO MAKE AN OFFICIAL, THE CITY COUNCIL MUST ORDER AN ELECTION IF I VALIDATE EVERYTHING AND IT'S A VALID PETITION, EVERYTHING MEETS THE LETTER OF THE LAW, THEN THE COUNCIL WILL HAVE TO CALL THE ELECTION AND TO BE HELD AGAIN ON A UNIFORM ELECTION DATE.

THEN AFTER THE ELECTION THEN WE DO THE SAME PROCESS WHERE WE CANVAS THE ELECTION AND THEN IT GOES INTO EFFECT.

UNSUCCESSFUL MEASURES DON'T HINDER SOMEBODY ELSE.

IF SOMEBODY CAME IN AND SAID, WILL YOU ANNEX SOME AREAS AND WHEN YOU DID THAT, THERE WAS NO LOCAL OPTION IN PLACE BECAUSE THIS WAS PRIOR TO 2006, LET'S SAY, AND SO YOU COULDN'T DO FOR OFF-PREMISE.

WELL, NOW IT'S BEEN ANNEXED SINCE THAT DATE AND I WANT TO MAKE SURE WE ENCOMPASS ALL OF IT SO THAT NOW QT OR BOLERO OR SHELL STATION WANTS TO GO IN THE CORNER SOMEWHERE AND THIS WAS NOT IN PLACE.

THEY CAN'T SELL THE OFF-PREMISE BECAUSE THERE'S STILL DRY BECAUSE WHEN WE PASS THE FIRST ELECTION, THEY WEREN'T IN THE CITY LIMITS AND NOW THEY'RE IN THE CITY LIMITS.

IF SOMEBODY CAME FORWARD AND WE DID ANOTHER ELECTION AND IT FAILED, IT WOULDN'T MATTER THE PEOPLE THAT ALREADY HAD THE ABILITY TO SELL, THEY CAN STILL SELL, IT'S THE OTHER PEOPLE THAT WOULDN'T BE ABLE TO.

LET ME GIVE YOU AN EXAMPLE. CITY OF FORT WORTH HAD TO DO THIS A COUPLE OF YEARS BACK.

THEY HAD ANNEX SOME AREA INTO THE CITY OF FORT WORTH THAT AT THE TIME WAS DRY AND THEY JUST COULDN'T SELL ALCOHOL.

BUT THEN THEY CAME INTO THE CITY OF FORT WORTH AND FOR SOME REASON THEY HAD TO DO A LOCAL OPTION ELECTION.

I CALLED AND I ASKED THEM WHY THEY WERE DOING THAT.

THEY SAID IS BECAUSE WHEN THEY DID THEIR LOCAL OPTION ELECTION, THAT LAND WAS NOT INSIDE THE CITY LIMITS OF FORT WORTH, SO THEY BROUGHT IT IN.

NOW IT PASSED AND EVERYTHING WAS FINE.

I JUST WANT YOU TO KNOW THAT ANY UNMEASURED DOESN'T MEAN THAT IT'S HARMFUL TO THE PEOPLE ALREADY HAVING THOSE RIGHTS.

I DON'T WANT YOU TO THINK THAT HURTS THEM.

NO LATER THAN THE THIRD DAY TO CANVAS AND THEN WE DO THE RULES AND THEN I NEED TO LET THE SECRETARY OF STATE'S OFFICE KNOW IMMEDIATELY AND THE ALCOHOL BEVERAGE COMMISSION.

THAT IS IT VERY QUICKLY, VERY TOP-LEVEL THIS SO THAT WE KNOW THAT IT'S BACK OUT THERE.

IF THERE'S ANYBODY WATCHING OR HAS ANY MORE QUESTIONS OR WOULD LIKE TO COME VISIT WITH ME PERSONALLY, I'D BE MORE THAN HAPPY TO DO THAT AND REACH OUT AND WE'LL DO THAT.

DOES COUNCIL HAVE ANY QUESTIONS OR ANYTHING YOU GUYS WOULD LIKE ME TO DO?

[00:15:01]

>> WELL, ON THE DEVELOPMENT AGREEMENT, THE PLACES AROUND TOWN THAT WE HAVE DEVELOPMENT AGREEMENT.

IF THIS WERE TO PASS AND THEN THOSE COME IN THEN THEY WOULD BE ON THE OLD WAY AND THEY'D HOVE TO [OVERLAPPING].

>> IF THEY'RE NOT WELL, I DON'T KNOW ABOUT A 380 DEVELOPMENT AGREEMENT, BECAUSE DO THEY RETAIN THEIR RIGHTS WHEN WE ANNEX THEM AT THAT POINT? I MEAN, IF THERE'S A LOCAL OPTION.

GO AHEAD IF YOU WANT TO DRESS THAT.

BECAUSE I DON'T KNOW HOW THAT WOULD APPLY TO THEM BECAUSE WE ANNEX THEM, BUT WE DIDN'T.

>> I JUST WANT TO MAKE SURE I UNDERSTAND YOUR QUESTION.

>> BUT LET'S SAY CHIMP CHISHOLM SUMMIT OR A PROPERTY THAT'S BEEN UNDER DEVELOPER AGREEMENT THAT'S NOT CURRENTLY IN THE CITY, BUT AS SOON AS THEY DO SOMETHING THAT COMES IN, IF THE LOCAL OPTION WERE TO PASS NOW AND THEN THEY CAME IN, WOULD THEY STILL BE ON THE OLD WAY OR WOULD THEY.

>> CORRECT. [INAUDIBLE].

>> THEY'LL WE'D HAVE TO DO THE OPTION AGAIN.

>> THAT'S RIGHT.

>> THEN THE SECOND QUESTION I HAVE BACK ON THE PETITIONS, AMANDA, SO REALLY WE'RE LOOKING AT NUMBER 7 AND NUMBER 8.

BECAUSE REALLY THE TWO HIGHER UP YOU CAN GO.

BECAUSE NUMBER 8 WOULD DO AWAY WITH THE CERTIFICATE.

YOU WOULDN'T HAVE TO HAVE THEIR CERTIFICATE ANYMORE. FOOD AND BEVERAGE.

>> YOU WOULDN'T HAVE TO HAVE THE BOOT FOOD AND BEVERAGE.

>> THEN NUMBER 7 WOULD BE LIQUOR STORES AND THINGS LIKE THAT.

>> BECAUSE EVERYTHING ELSE ON THERE YOU COULD COVER UNDER ONE OF THE TWO THAT WE ALREADY HAVE IN PLACE.

>> WHY WOULD IT NOT BE NUMBER 5?

>> OF ALCOHOL BEVERAGES, OFF-PREMISE CONSUMPTION ONLY?

>> IF IT FITS THE PURPOSE IS TO OPEN UP A SPECS LIQUORS I THEN THAT'S ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMPTION ONLY.

>> I WOULD HAVE TO REVIEW THAT ONE.

I'M SAYING THAT BECAUSE WHEN I ASKED FOR LEGAL ADVICE ON THAT, THEY TOLD ME THOSE WERE ALL BE COVERED EXCEPT FOR THE ONE FOR MIXED BEVERAGES.

THERE MUST BE SOMETHING ELSE IN THAT DEFINITION THERE THAT HITS THAT.

>> I WOULD ASSUME WE'RE LOOKING FOR OFF-PREMISE CONSUMPTION AND NOT BE ABLE TO SELL LIQUOR, BUY THE BOTTLE, AND ALSO BUY THE DRINK.

BECAUSE I THINK THAT WOULD HAVE MORE DIFFICULTY PASSING HONESTLY.

SPEAKING OF PASSING BASED ON THE ELECTION THAT WOULD BE RELEVANT IF THIS WERE TO COME UP, SAY BEFORE NOVEMBER, WHAT WOULD BE ABOUT THE REQUIRED NUMBER?

>> I HAVE NOT CHECKED RECENTLY ON WHAT THAT I WOULD JUST BE.

>> THIRTY FIVE PERCENT OF WHOEVER VOTED IN THE MOST RECENT GUBERNATORIAL ELECTION.

>> YOU'RE TALKING ABOUT NOT A LOCAL ELECTION.

YOU'RE TALKING ABOUT A STATEWIDE ELECTION.

THE LAST TIME WE HAD THE GOVERNOR'S ELECTION, THAT'S THE NUMBER WE WOULD GO OFF OF.

>> WAS THAT NOVEMBER 2020?

>> WAS THAT NOVEMBER 22? COUNCIL MEMBER SCOTT [LAUGHTER].

>> THE 22?

>> HE'S 22.

I BELIEVE SO.

>> YOU'RE STILL TALKING ABOUT A MUCH LARGER.

>> IT'S LARGER 20.

>> IT'S 20.

>> [INAUDIBLE] CORRECTION WAS A HUGE TURNOUT FOR MYRTLE'S BIGGEST.

>> SO YOU MIGHT HAVE BETTER LUCK IF YOU WAIT UNTIL 2024 IS ELECTION TO SEE IF THAT NUMBER DROPS.

POSSIBLY, I DON'T KNOW.

2020 WAS A BIG YEAR.

>> 2024, MAYBE JUST.

>> EVEN BIGGER, COULD BE, BUT NOW WHAT.

>> CONSIDERED. OUR GOVERNOR AND OUR PRESIDENT ARE.

>> THERE.

>>RE-ELECTED ON THE SAME FAIR TIME, AND THAT'S WHAT GOT EVERYBODY OUT IN 20, SO CORRECT.

>> YES. SO THOSE LIKE WE SAID, THOSE NUMBERS FLUCTUATE AND WHEN YOU'RE TALKING ABOUT 35% OF THAT LAST ELECTION, IT WILL BE A MUCH LARGER NUMBER.

THERE'S GOING TO BE ALL THINGS ON THE BALLOT THAT PEOPLE ARE VOTING FOR AT THAT SAME TIME YOU JUST MENTIONED THE PRESIDENCY.

THERE'LL BE COUNTYWIDE.

SO YOU'RE GOING TO GET ELECTION VOTERS, YOUR CITY OF BERLIN VOTERS COME OUT MORE IN A NOVEMBER ELECTION WHEN THERE'S LARGER ITEMS ON THE BALLOT, THEN IF YOU WERE TRYING TO BASE IT OFF OF LIKE YOUR CITY ELECTION, LIKE THE LAST GENERAL ELECTION THAT WE HAD? YES, YOUR NUMBER IS GOING TO BE QUITE A BIT SIGNIFICANTLY LESS.

>> WELL, I WOULD THINK OFF THE TOP MY HEAD THAT BASED ON THE GUBERNATORIAL ELECTION TURNOUT IN 2020, YOU'D HAVE TO HAVE MORE SIGNATURES AND WE EVEN HAD PEOPLE VOTE IN THE ELECTION IN MAY.

>> ABSOLUTELY.

>> SO [LAUGHTER] THAT'S SERIOUS.

>> [INAUDIBLE] ABOUT 25,000 REGISTERED, 20, 30,000.

>> WE HAVE LEAKED 35,000, 40. WE'RE GETTING CLOSE TO.

>> WELL OVER 10,000 SIGNATURES.

[00:20:03]

>> THE LAST ELECTION THAT WE HAD IN NOVEMBER OF 2020, CITY OF BERLIN AND ALONE BROUGHT OUT RECORD NUMBER OF VOTERS. WE HAD OVER.

>> WE HAD 11,005.

>> WE HAD OVER 10,000 VOTERS [OVERLAPPING] IN THAT ROOM, JUST IN THAT.

YOU CAN SEE HOW WE.

>> 35% OF THAT BEING SOMEWHERE IN THE 3,800 NUMBER.

BUT IT'S OFF THE GOVERNOR.

YOU COULD HAVE HAD A CITIZEN COME IN, SEE THAT BIG BALLOT AND ONLY VOTE FOR THE PRESIDENT AND THE GOVERNOR AND WALK OUT EVEN THOUGH THEY'RE A CITY OF BERLIN AND REGISTERED VOTER AND THAT NUMBER IS STILL GOING TO BE IN THIS ELECTION.

SO DON'T GO OFF WHAT OUR CITY ELECTION WAS.

IT'S OFF OF THE GOVERNOR'S ELECTION.

>> IT LOOKS LIKE ALL OF OUR BUSINESS IS GOING TO BE GOING INTO SPECS UP HERE IN 1,187 [LAUGHTER] WHEN THEY OPEN UP.

>> AND IT'S 35% OF THE REGISTERED VOTERS IN THE CITY WHO ACTUALLY VOTED.

>> CORRECT?

>> SO OKAY.

>> NOT THE ACTUAL NUMBER OF REGISTERED VOTERS.

[OVERLAPPING]

>> SO IT IS MORE LIKE 3,000 SIGNATURES OR 4,000, SOMETHING LIKE THAT.

MAYBE MADE MORE, NOT A BIG NUMBER.

>> IT'S A BIGGER NUMBER.

CAN YOU GO TO THE VOTING SO I CAN SWITCH OVER? THANK YOU.

HOLD ON. ONE LAST.

SO NOW LET'S COUNCIL POLICY NUMBER 40,

[3.B. Discuss and review City Council Policy #40 – City Boards, Commissions & Committee Appointment Process and city Code of Ordinances Chapter 2, Section 2-31. (Staff Presenter: Amanda Campos, City Secretary)]

AND YOU'LL REMEMBER THIS WAS JUST PASSED LAST YEAR.

THIS IS EARLIER THIS YEAR.

IT'S A FAIRLY NEW POLICY THAT'S IN PLACE HERE.

IN FACT, I WILL TELL YOU IT WAS PASSED JULY 18, 2022.

THIS IS A NEW POLICY IN PLACE.

THERE I HAD ON THE SLIDE THERE IS CREDITED TO FORMALIZE THE PROCESS FOR APPOINTMENT ON ALL BOARDS, COMMISSIONS AND COMMITTEES.

BEFORE THIS, WE DID TRADITIONALLY WE HELD A PRACTICE THAT WE DID YEAR AFTER YEAR, BUT WE HAD NEVER FORMALIZED THE PROCESS AND COUNCIL THOUGHT IT WAS TIME WE START FORMALIZING THOSE.

THERE ARE SOME AMENDMENTS THAT I'M BRINGING FORWARD FOR Y'ALL.

THIS IS JUST TO REVIEW, THIS IS THE FIRST PASS AT THIS.

ONE OF THE THINGS THOUGH IS JUST A CLEANUP.

WE RECENTLY RE-DID OUR COUNCIL COMMITTEES, WE CHANGED OUR APPOINTMENTS AND COUNSELING POLICIES COMMITTEE, FOLDED THAT FUNCTION INTO THE COMMUNITY AND INTERGOVERNMENTAL RELATIONS COMMITTEE, WHICH IS REFERENCED IN POLICY NUMBER 40, WHICH WE JUST PASS.

ONE OF THE AMENDMENTS I'D LIKE TO DO IS REPLACE THAT.

WE'RE REPLACING EVERYWHERE THAT IT SAYS APPOINTMENTS AND COUNSEL POLICIES COMMITTEE WITH COMMUNITY AND INTERGOVERNMENTAL RELATIONS COMMUNITY COMMITTEE SAY THAT FIVE TIMES FAST.

THE OTHER THING I WANT TO DO IS LOOK AT THE POSSIBILITIES.

THIS POLICY CLEARLY STATES ON HOW TO PUT A MEMBER OF THE PUBLIC ON A BOARD OR COMMISSION, AND THEN IT DOESN'T SAY ANYTHING PAST THAT.

WE APPOINT THEM, WE PUT THEM ON THERE AND I HAVE OVER THE YEARS GOTTEN QUESTIONS FROM COUNCIL MEMBERS OF WHAT IS OUR ON-BOARDING FOR OUR BOARDS AND COMMISSIONS AND WE HAVE LACKED BEHIND ON DOING THAT.

TOO WHAT TRAINING ARE WE GIVING THEM AND WE'VE LOCKED BEHIND ON THAT.

BUT ANYWAYS, ALL OF THAT TO SAY, WE HAVE REALLY SAID, HERE YOU'RE ON THIS BOARD AND THEN WE WALK AWAY AND SAY, GOOD LUCK TO YOU.

NOW STAFF DOES THE STAFF LIAISONS DO A GOOD JOB OF GETTING THEIR BOARDS AND COMMISSIONS UP-TO-DATE, BUT NOT AS FAR AS A UNIFIED WAY THAT THEY DO THAT.

SOME DO IT DIFFERENTLY AND SO WE WANT TO MAKE SURE THAT WE HAVE SOME CONSISTENCY ACROSS THE BOARD.

ONE OF THE THINGS THAT WE WANT TO DO ON THERE IS JUST ADD SOME DEFINITION.

DEFINE THE RESPONSIBILITY OF THE MEMBERS.

DEFINE THE CHAIR AND THE VICE CHAIR ROLE.

WHAT DOES THAT LOOK LIKE? WHAT ARE WE ASKING THEM TO DO? VALUE EXPECTATIONS, PROCESS TO ADDRESS CONCERNS.

AND THEN WE WANTED TO ADD THE BERNOULLIS AND RULES OF ORDER BECAUSE WE ARE UNIQUE HERE IN BURLINGTON, WE'VE ADOPTED BERNOULLIS AND RULES OF ORDER, WHICH IS LIKE ROBERT SWIRLS, MODIFIED, TWEAKED AND PUT EXACTLY HOW WE WANT THEM TO BE HERE IN BURLINGTON.

WITHOUT BREAKING THE LAW PROMISE.

THE FIRST THING IS, I WANTED TO POINT OUT THAT WHEN I SAY, WE'RE GOING TO REVIEW CHAPTER 2, ARTICLE 2, JUST TO SEE ABOUT APPOINTMENTS.

IT'S APPOINTMENTS TERMS, REMOVALS AND EXCEPTIONS.

YOU CAN SEE THIS IS THE ONLY REFERENCE.

CITY COUNCIL MAY FOR CAUSE REMOVE A BOARD MEMBER AT ANYTIME.

THERE'S NO PROCESS ON HOW YOU'RE GOING TO REMOVE THAT OR WHAT YOU'RE LOOKING AT OR ANYTHING ELSE.

[00:25:01]

IT'S JUST A BLANKET STATEMENT.

WHEN YOU DO THAT, WHEREAS YOUR GUIDELINES, WHERE ARE YOUR PARAMETERS THAT YOU GUYS AS A GOVERNING BODY ARE FOLLOWING.

YOU'RE TAKING CARE TO APPOINT THESE PEOPLE.

THEN WE'RE LEAVING IT UP TO CHANCE.

WE WANT MAKE SURE THAT WE HAVE THIS AND ALL OF THIS THAT WE'RE ABOUT TO GO THROUGH IS NOT REQUIRED COUNSEL CAN SAY, I DON'T WANT TO DO ANY OF THIS, I LIKE IT WHERE IT'S AT, WE'LL TAKE IT ONE CASE AT A TIME OR HOWEVER YOU WANT TO.

THAT'S FINE. WE DON'T HAVE A PROBLEM RIGHT NOW.

AND THAT'S THE BEST TIME TO IMPLEMENT GUIDELINES, PROCEDURES, AND PROCESSES WHEN WE DON'T HAVE SOMETHING FACING US RIGHT NOW.

ADDITIONS TO POLICY NUMBER 40, I WANTED TO ADD THIS SECTION HERE OF RESPONSIBILITIES.

THESE ARE JUST GENERAL RESPONSIBILITIES OF STUDY.

BE FAMILIAR WITH THE AGENDA PACKET DIRECT QUESTIONS TO STAFF PRIOR TO THE MEETINGS.

I WILL SAY ON THAT ONE I WAS VERY FORTUNATE BECAUSE I DID GET FEEDBACK PRIOR TO THE COUNCIL MEETINGS, SO I'VE MADE SOME ADJUSTMENTS TO THIS PRESENTATION TO ADDRESS SOME OF THOSE.

HOPEFULLY, YOU'LL SEE THAT IN THE NEXT SLIDE OR TWO THAT I'VE MADE SOME ADJUSTMENTS THERE, TAKING INTO CONSIDERATION QUESTIONS THAT I RECEIVED FROM THE PUBLIC AND AS WELL AS THE COUNCIL MEMBERS.

BE RESPECTFUL OF ALL PARTICIPATING, ARRIVING ON TIME.

THAT'S A BIG ONE. ARRIVING ON TIME, PROVIDE 72 HOURS NOTICE OF ABSENCES.

OF COURSE, THE WAY THAT I WROTE THIS, THESE ARE NOT VERBATIM.

THIS IS A GENERAL OVERVIEW OF THAT.

I DID SAY, TAKING INTO CONSIDERATION, THERE ARE TIMES WHEN YOU CANNOT GIVE 72 HOUR NOTICE, SOMETHING COMES UP, WE UNDERSTAND THAT.

BUT WE'RE GOING TO TRY TO GET IN THE PRACTICE OF SAYING 72 HOUR NOTICE, SO THAT WE KNOW IF WE'RE GOING TO HAVE A QUORUM FOR A COMMITTEE MEETING OR NOT.

PROVIDE UPDATED CONTACT. YOU'RE HERE, YOU GET A NEW CELL PHONE BECAUSE YOU THROUGH YOUR OLD CELL PHONE IN THE LAKE, YOU WERE HAVING SUCH A GREAT TIME OVER LABOR DAY WEEKEND AND YOU NEED STAFF TO KNOW HOW TO GET A HOLD OF YOU.

THEY NEED TO KNOW HOW TO GET A HOLD OF YOU, SO AS QUICKLY AS POSSIBLE WE WANT YOU TO GIVE THE NEW NUMBER.

YOU'D BE SURPRISED AT THE NUMBER OF PEOPLE THAT DON'T PROVIDE THE NEW UPDATED.

THEY GIVE IT ON THE APPLICATION AND THEN IT'S NEVER CHANGED AGAIN.

WE NEED TO KNOW ALL OF THAT STUFF FOR THEM.

A USE OF A DESIGNATED STAFF CONTACT, MEANING EACH BOARD AND COMMISSION AND COMMITTEE WILL BE GIVEN A STAFF LIAISON THEY ARE OR THE DIRECTOR.

WHAT WE WOULD LIKE THEM TO DO IS UTILIZE THAT AND BE HELD ACCOUNTABLE TO SAY, IF YOU'RE GOING TO MISS A MEETING, YOU'RE GOING TO GET A HOLD OF THIS DESIGNATED STAFF MEMBER.

IF YOU DO ANOTHER STAFF MEMBER AND THERE MAY BE EVERY INTENTION OF LETTING THAT OTHER STAFF MEMBER, WHO'S THE ONE IN CHARGE OF THE MEETING KNOW THAT THEY'RE NOT GOING TO BE THERE, THEY GET CAUGHT UP IN THEIR DAY AND THEN THEY DON'T TELL THEM AND WHAT THEY DIDN'T REALIZE WAS THERE WAS ANOTHER PERSON THAT CALLED IN THAT DAY.

NOW THERE'S NO QUORUM AND THERE'S NO MEETING.

WE JUST WANT TO GET EVERYBODY BACK TO HAVING THAT RESPONSIBILITY.

THERE IS REQUIRED TRAINING THAT EACH BOARD AND COMMISSION AND COMMITTEE MEMBER IS REQUIRED TO TAKE.

WE GIVE THOSE AVENUES TO THEM.

WE WANT THEM TO COMPLETE THIS WITHIN 90 DAYS BECAUSE THAT'S A REQUIREMENT AND WE HAVE SOME DIFFICULTIES GETTING THEM TO COMPLETE THEM IN 90 DAYS.

BUT WE HAVE NO OTHER WAY OR ANOTHER AVENUE OF GOING FORWARD WITH THAT.

WE WOULD JUST SAY, CAN YOU PLEASE, AND WE JUST BUG THEM.

BUT IF WE HAD THIS AND THEY CAN LOOK AT THIS POLICY AHEAD OF TIME, READ IT, SIGN IT, OR I CAN GIVE A PRESENTATION AND THEN WE CAN MOVE ON FROM THERE, I THINK THAT WOULD HELP.

THAT PUTS SOME CLARITY IN THERE. EXCUSE ME.

I HAVE ALLERGIES TODAY.

THE NEXT SECTION, CHAIR AND VICE-CHAIR.

THAT'S JUST TO DEFINE.

WE WANT THE PRESIDING OFFICER.

SOMETIMES THE CHAIRS WILL ASK ME WHAT AM I SUPPOSED TO DO AND I'VE DONE SOME CHAIR TRAINING WITH THEM, BUT I THINK THIS WILL HELP THEM TOO, TO UNDERSTAND THAT THE CORE OF WHAT WE WANT THEM TO DO IS MAKE SURE THAT THEIR BEGINNING ON TIME, MAKING SURE THERE'S A QUORUM BEFORE THEY CALL THAT MEETING TO ORDER, MAKING SURE THAT THEY'RE NOT STARTING EARLY.

I WANT THEM TO ANNOUNCE THE PROPER SEQUENCE OF THE AGENDA.

WE WANT TO MAKE SURE WE'RE COORDINATING WITH STAFF MEMBERS TO MAKE SURE THAT WE'RE DOING THAT.

THEN WE WANT TO RECOGNIZE MEMBERS, STAFF AND CITIZENS TO SPEAK, WE WANT TO GIVE EQUAL TIME.

WE WANT TO MAKE SURE THAT THE BOARD OF COMMISSIONERS AND COMMITTEE MEMBERS ARE GIVING THE CITIZENS WHO COME TO SPEAK, OR DEVELOPERS THAT COME TO SPEAK OR APPLICANTS THAT THEY HAVE THE EQUAL AMOUNT OF TIME.

WE'RE NOT MONOPOLIZING THAT AND NOT ALLOWING THEM TO REALLY SPEAK.

THEN WE WANT TO MAKE SURE THAT THERE'S DECORUM DURING THE MEETING.

WE WANT THEM TO MAKE SURE THAT'S HAPPENING.

WE WANT THEM TO FOLLOW AND LEARN THE BURLINGTON RULES OF ORDER SO THAT THEY KNOW HOW WE EXPECT MEETINGS TO BE CONDUCTED.

THEN WE WANT THEM TO STAY AND PUT TO VOTE AND ANNOUNCE RESULTS.

BECAUSE THEY'RE NOT USING THE VOTING MACHINE AND THE ELECTRONIC DISPLAY LIKE YOU ALL ARE, SO IT IS VERY IMPORTANT FOR THE RECORD THAT THEY ARE STATING WHAT IT IS.

THEY ARE MOVING TO APPROVE WHATEVER THAT IS AND THAT WE'RE PUTTING IT TO VOTE CLEARLY, CONCISELY, AND THAT WE'RE ANNOUNCING THE RESULTS.

[00:30:02]

THE CHAIR IS. THE NEXT SECTION I ACTUALLY ADDED ANOTHER SLIDE.

LET'S LOOK AT THAT BECAUSE THAT ACTUALLY HAS ALL OF THE WRITTEN.

NOT THE SYNOPSIS BUT THE ACTUAL WRITING.

SOME OF THESE ARE REFLECTIVE, I THOUGHT, OF OBLIGATIONS THAT WE HELD.

DOES EVERYBODY DOES, RIGHT? CONFLICT OF INTERESTS, EVEN AS STAFF, WE HAVE THIS, WE HAVE TO BE MINDFUL OF CONFLICT OF INTERESTS.

WE NEED TO BE MINDFUL OF CONFIDENTIAL INFORMATION.

THERE ARE SOME TIMES WHEN WE DISCLOSE INFORMATION TO BOARD, COMMITTEE AND COMMISSION MEMBERS THAT ARE NOT ALLOWED TO BE OUT IN THE PUBLIC JUST YET.

BUT FOR THEM TO MAKE AN ACCURATE AND WELL-ROUNDED DECISION, THEY NEED TO KNOW THESE, SO WE MAKE SURE WE DO THAT.

WE WANT THEM TO BE MINDFUL OF NEUTRALITY AND IMPARTIALITY WHILE RENDERING.

I KNOW SOMETIMES THAT'S HARD.

IF YOU'RE ON A BORDER COMMISSION, YOU'RE ON THE LIBRARY BOARD AND YOUR NEIGHBOR TWO DOORS DOWN COMES TO SPEAK YOU MAY BE MORE PARTIAL TO THEM BECAUSE YOU REALLY LIKE THEM, OR YOU MAY NOT BE BECAUSE YOU DON'T LIKE THEM, WHICHEVER WAY THAT IS, BUT WE WANT TO MAKE SURE THAT WE'RE CLEAR JUST STATING IT THIS IS THE ONE THAT I GOT THE MOST FEEDBACK FROM, THAT I GOT THE MOST CONCERNS ABOUT WAS THIS STATEMENT RIGHT HERE.

I BOLDED THE ACTUAL PART, BEING MINDFUL OF EACH MEMBER REPRESENTING THE CITY AS A MEMBER OF ONE OF ITS BOARDS, COMMISSIONS AND COMMITTEES, AND SHOULD CONDUCT THEIR PUBLIC AND PRIVATE LIFE.

AN EXAMPLE OF THE CITIZENS AND FELLOW MEMBERS RELAYING THE CITY'S OBLIGATION THAT ALL ARE TREATED EQUALLY IN COMPLIANCE WITH ALL LAWS.

I WOULD SAY THAT I'VE SPOKEN TO A COUPLE AND I KNOW THAT THIS IS ONE OF THE STICKING POINTS.

WHAT I WOULD SAY TO YOU ALL AS A GOVERNING BODY IS TO LOOK AT THIS THING IN THE TOTALITY.

IF THIS IS THE PORTION THAT GIVES YOU HEARTBURN OR THAT YOU THINK MAYBE WE NEED TO WORK IT A LITTLE BIT MORE, OR WE NEED TO REVIEW THIS A LITTLE BIT MORE WITH A LITTLE BIT DIFFERENT CONSIDERATION, THEN I WOULD ASK THAT YOU GUYS SAY, BRING THIS FORWARD, BUT TAKE THIS PART OUT AND LET'S SEE WHAT WE CAN DO WITH THIS PART AND NOT IMPLEMENT THAT PART BECAUSE I DON T KNOW THAT THERE'S MEAN I WON'T SPEAK ON BEHALF OF THE COUNCIL, BUT IF THERE'S NO OBJECTIONS TO THE REST OF THE PART THAN WE DON'T JUST START FROM GROUND ZERO EACH TIME.

AT LEAST YOU'VE GOT SOME WORKING BASE OF A STRUCTURE THAT YOU GUYS.

IT MAY BE SOME PARTS THAT YOU DON'T EVEN LIKE.

STILL MAYBE YOU DON'T WANT TO HAVE ANY OF THEM EXCEPT FOR CONFLICT OF INTERESTS IN CONFIDENTIAL INFORMATION AND YOU WANT TO SCRAP THE REST OF THAT IN THIS SECTION.

THAT'S PERFECTLY FINE TO DO THAT TOO.

I JUST WOULD LIKE THE COUNCIL TO CONSIDER THE WHOLE ADDITION IN ITS TOTALITY.

THE OTHER THING THAT I CAME UP WITH THAT ACTUALLY MONICA BROUGHT TO MY ATTENTION TO WAS THE YOUTH MEMBERS.

WE DO HAVE A MAYOR'S YOUTH COUNCIL, AND THEN WE DO HAVE VOTING MEMBERS ON SOME OF THESE BOARDS AND COMMISSIONS.

WHAT I WOULD LIKE COUNSEL TO DISCUSS AND REVIEW AND GIVE ME DIRECTION ON IS HOW DO YOU WANT TO HANDLE THESE YOUTH MEMBERS? BECAUSE YOU DON'T WANT TO PUT THEM UNDER UNDUE AND WE NEED TO BE MINDFUL THAT THEY ARE JUVENILES.

THEY GO OFF WHEN THEY'RE 17.

SEVENTEEN IS THE LAST AGE OR SENIOR GRADUATING.

WE HAVE SOME MIDDLE SCHOOL KIDS THAT PARTICIPATE.

THEY SERVE FOR ONE YEAR.

THEY SHOULD BE REVIEWED TO MAKE SURE WE'RE CONSIDERING THOSE MEMBER.

THIS IS ANOTHER PART THAT I WOULD SAY.

THIS MAY BE SOMETHING YOU GUYS CUT OUT FOR NOW AND ASK US TO GET WITH LEGAL AND ASK US TO REVIEW THOSE A LITTLE BIT FOR MORE MINDFULLY AND THEN BRING THAT BACK.

THAT'S UP TO COUNSEL, HOW THEY WANT TO DO THAT.

I DIDN'T KNOW IF YOU GUYS WANTED TO START TALKING ABOUT THIS OR DO YOU WANT ME TO GO THROUGH THE WHOLE THING FIRST? I'LL GO THROUGH THE WHOLE THING. I'LL KEEP GOING.

THE PROCESS TO ADDRESS CONCERNS FROM STAFF AND FELLOW MEMBERS.

I DID BREAK THIS OUT TO TWO DIFFERENT WAYS, WE DID THIS.

KEEPING IN MIND THAT ADDRESSING CONCERNS FROM STAFF AND FELLOW MEMBERS IS GOING TO BE DONE VERBALLY, MORE INFORMALLY.

IT'S GOING TO BE DIRECTED TO THE DIRECTOR OF THAT AND MYSELF, THE CITY SECRETARY WILL TRY TO WORK OUT A RESOLUTION, TRY TO COME TO AN AGREEMENT, TRY TO GET OUR RESOLUTION IN PLACE.

IF WE CANNOT, AT THAT POINT IS WHEN IT WOULD MOVE ON TO THE COMMUNITY AND THE INTERGOVERNMENTAL RELATIONS COMMITTEE FOR RECOMMENDATIONS TO THE FULL COUNCIL, AND THEN THE FULL COUNCIL WOULD TAKE INTO CONSIDERATION WHERE WE'RE AT ON THAT.

THE COMMUNITY AND INTERGOVERNMENTAL RELATIONS COMMITTEE COULD TURN BACK AND SAY, WELL, THINK OF THIS, THIS AND THIS, AND THEN YOU GO BACK TO THEM.

WE'RE NOT READY TO BRING IT TO THE FULL COUNSEL YET.

WE STILL THINK YOU DIDN'T FIGURE OUT THIS RESOLUTION AND THERE'S NOTHING WRONG WITH THAT.

WE CAN WE CAN DO THAT.

I JUST WANTED TO LET YOU KNOW THAT WAS ONE OF THE PROCESSES.

THE SECOND ONE IS IF THERE'S A COMPLAINT OR CONCERN FROM THE PUBLIC.

WE WANT THOSE IN WRITING, WE WANT TO ADDRESS THOSE.

PART OF THAT IS FOR RECORD RETENTION THAT WE HAVE TOO OR COMPLAINTS THERE IS

[00:35:03]

THE TEXAS STATE LIBRARY SAYS COMPLAINTS FILED TO THE CITY HAVE TO BE KEPT FOR SO LONG.

WE WANT TO MAKE SURE WE'RE KEEPING THOSE.

WE WANT THAT WRITTEN RIGHT THERE.

I WILL WORK TO FIND A RESOLUTION ON THIS ONE TOO, AND ADDRESS WHAT'S GOING ON.

I'M KEEPING THE CITY MANAGER, THE CITY COUNCIL, AND THE DIRECTOR INFORMED ON THIS.

WE'LL GO THROUGH THAT SAME PROCESS.

IF THERE'S NO RESOLUTION, THEN WE'LL GO FORWARD WITH THE COMMUNITY AND INTERGOVERNMENTAL RELATIONS AND THEN MOVE IT ONTO THE FULL COUNCIL.

THEN OF COURSE, EVERYTHING DONE IN THE PUBLIC AND ACCORDING TO OPEN MEETINGS ACT.

ADOPTING THE RULES OF ORDER, THIS IS BASICALLY WHAT POLICIES 17 HAS OUTLINED.

WE WANT THEM TO LOOK AT THIS AND ADOPT THIS TOO, THE ROLES AND RULES OF ORDER.

IT DEFINES PRESIDING OFFICER EMOTIONS, POINT OF ORDER, POINT OF INFORMATION CALLED THE QUESTION, PUBLIC HEARINGS TABLES ADJOURN AND EXECUTIVE SESSION.

NOW WE CAN GET INTO DISCUSSION AND DIRECTION.

KEEP IN MIND, THIS IS 100% ON THE CITY COUNCIL TO MAKE THE DECISION ON THIS.

IF IT'S NOT THE RIGHT TIME OR THERE WOULD LIKE TO BE SOME MORE AMENDMENTS OR SOME MORE WORK DONE, WE CAN DO THAT.

YOU GUYS WANT TO FORWARD IT TO A COMMITTEE, WE CAN DO THAT.

IT'S UP TO THE CITY COUNCIL ON THIS ONE.

>> AMANDA. HI, MORNING.

I HAD HAD A REVELATION ABOUT, WE'LL CALL IT A CODE OF CONDUCT.

IF IN FACT WE'RE GOING TO DO THAT, I THINK WE SHOULD TAKE TIME TO SIT DOWN AND FIGURE OUT EXACTLY WHAT THAT CODE OF CONDUCT IS, SO THAT WE'RE ALL SURE THAT THIS IS WHAT WE WANT.

I'VE BEEN DOWN THIS ROAD, IS A VERY SLIPPERY SLOPE.

LET ME GIVE YOU A COMPARISON.

DRESS CODE, SCHOOL.

YOU THINK, MAN THAT'S AN EASY ONE.

HECK, YEAH. NO, IT'S NOT. IT'S HORRIBLE.

WHEN YOU START SETTING OUT A CODE OF CONDUCT, I THINK YOU SHOULD BE EXTREMELY CAREFUL BECAUSE MY CODE OF CONDUCT IS CERTAINLY NOT THE SAME AS OTHERS.

I TELL YOU, THE THING THAT GOT ME WHEN I READ IT, AND I UNDERSTAND WHEN YOU SAY HEY, IF YOU'RE ON A COMMITTEE, YOU NEED TO BE A LITTLE BIT ABOVE.

WE GOT TO SHOW A GOOD EXAMPLE.

STEP ABOVE. I JUST WANTED TO TELL YOU THIS.

IN 1990, THE FIRST YEAR I WAS ON THE SCHOOL BOARD, I HAD THAT QUESTION POSED TO ME THAT NOW RONNIE, YOU MIGHT NEED TO CHANGE YOUR WAYS A LITTLE BIT AND MAYBE I SHOULD HAVE.

BUT MY COMMENT TO THEM WAS, I WILL NOT CHANGE MY WAY OF LIFE.

I KNOW WHAT'S RIGHT, I KNOW WHAT'S WRONG, AND I KNOW WHAT MY ACTIONS SHOULD BE, BUT I'M NOT CHANGING MY LIFE BECAUSE I'M SITTING ON THE SCHOOL BOARD AND I DIDN'T.

I THINK IT'S LIKE BEING ON A COMMITTEE OR VOLUNTEER TO BE ON A COMMITTEE.

GREAT. BUT WHAT I'M NOT GOING TO DO IS CHANGE MY WAY OF LIFE TO BE ON THAT COMMITTEE.

I THINK WE NEED TO BE MINDFUL OF THAT.

I'M NOT SAYING YOU CAN'T HAVE A CODE OF CONDUCT, BUT I'M SAYING YOU NEED TO BE VERY MINDFUL OF THAT CODE OF CONDUCT.

>> I'VE GOT SOMETHING HERE, MR. MAYOR.

I DON'T HAVE A PROBLEM WITH THIS DOCUMENT OTHER THAN 1C4 THE PARTS YOU HAVE HIGHLIGHTED.

I DON'T HAVE AN ISSUE WITH RUNNING THIS DOCUMENT FOR ONE YEAR ON A TEST RUN TO BE BROUGHT BACK TO THE COUNCIL WITH 1C4S STRIPPED OUT OF IT.

IN THE MEANTIME, IT CAN GO TO THE COUNCIL POLICY AND VALIDATION FOR THAT YEAR TO BE REVIEWED TO WHETHER IT NEEDED TO BE PUT BACK IN, MODIFIED OR ELIMINATED.

BECAUSE WITHOUT A BASELINE FOR DISCIPLINE, YOU CANNOT DO DISCIPLINE FAIRLY.

WE DO HAVE NOT ESTABLISHED A BASELINE.

A BASELINE COULD BE AS SIMPLE AS WHEN THEY'RE APPOINTED TO THE COMMITTEE.

THERE COULD BE A BACKGROUND CHECK SUCH AS VOLUNTEERS THAT WOULD BE SETTING A BASELINE, AND IF SOMETHING HAPPENED THAT WOULD BRING THEM DOWN BELOW THAT BASELINE, THEN WE COULD START THE PROCESS.

BUT UNTIL THEN I'M IN FAVOR OF GOING FORWARD WITH THIS EXCEPT FOR 1C4 HAVING THAT STRIPPED OUT AND BRINGING THAT TO THE COMMITTEE.

>> IS IT POSSIBLE THAT THE THINGS THAT ARE WANTING TO BE COVERED IN FOUR ARE COVERED IN FIVE,

[00:40:01]

AND YOU COULD TAKE FIVE AND ADD THE WORDS BEING MINDFUL THAT EACH MEMBER REPRESENTS THE CITY AS A MEMBER OF ONE OF ITS BOARD COMMISSION COMMITTEE, AND THEN STOP THERE AND TAKE OUT THE REST OF FOUR?

>> ABSOLUTELY.

>> I THINK TWO THINGS BOTHER ME, ONE FROM THE ONE SIDE AND ONE FROM THE OTHER SIDE.

FROM THE ONE SIDE TO ATTEMPT TO DICTATE HOW PEOPLE CONDUCT THEIR PRIVATE LIVES.

WE'D HAD A CODE OF CONDUCT FOR COUNCIL MEMBERS THAT FORTUNATELY, WE RESCINDED LATER BECAUSE IT WAS A FIASCO AND I CALLED IT FROM THE START, BUT THAT'S BEEN SAID AND EVERYBODY KNOWS THAT HISTORY THERE.

BUT ON THE OTHER HAND, THAT APPLIED TO COUNCIL MEMBERS WHO WERE ELECTED AT THE WILL OF THE CITIZENS.

THE CITIZENS HAVE THEIR OWN MECHANISM IN PLACE FOR SIMPLY WAITING UNTIL THE NEXT ELECTION AND KICKING YOUR BUTT OUT OR IF IT COMES TO IT, RECALL.

COUNCIL MEMBER CAN BE RECALL FROM SERVICE IF HIS TRANSGRESSIONS ARE SERIOUS ENOUGH THAT THE PUBLIC THINKS IT'S WARRANTED AND IT GOES THROUGH THE STEPS.

WE APPOINT BOARD COMMISSION AND COMMITTEE MEMBERS BASED ON THEIR WILLINGNESS TO SERVE.

BUT AS YOU POINTED OUT EARLIER IN YOUR PRESENTATION, WE REALLY DON'T HAVE A MECHANISM TO REMOVE OR TO EVEN REPRIMAND A COMMITTEE OR COMMISSION MEMBER WHEN THEIR BEHAVIOR GOES BEYOND WHAT WE CONSIDER APPROPRIATE FOR THAT POSITION.

I FEEL LIKE IT'S GOOD THAT WE COULD EDGE UP TOWARDS BOTH OF THOSE A LITTLE CLOSER THAN WE ARE HERE.

I THINK WE SHOULD PROBABLY EDGE AWAY FROM TRYING TO DICTATE HOW PEOPLE CONDUCT THEIR PRIVATE LIFE.

NOW, I MAY DEFINE THE DIFFERENCE BETWEEN PUBLIC LIFE AND PRIVATE LIFE DIFFERENTLY FROM PERHAPS ALL OF THE OTHER MEMBERS.

TO ME, PRIVATE LIFE IS WHAT I DO BEHIND CLOSED DOORS WITH NO ONE WITNESSING.

PUBLIC LIFE IS IF I SAT DOWN AND I PUT A POST OUT ON FACEBOOK AND I PUBLICLY CASTIGATE A STAFF MEMBER, FOR INSTANCE, AND DO SO IN A PUBLIC VENUE LIKE SOCIAL MEDIA.

NOW WE'RE GETTING OVER INTO THE EDGE WHERE I THINK THAT BEHAVIOR IS IMPROPER, IT'S UNACCEPTABLE, AND IT SHOULDN'T BE ALLOWED.

WE HAD AN INSTANCE WITH A COUNCIL MEMBER THAT DID THAT WHO'S NO LONGER ON THE COUNCIL AND THAT WAS AN UGLY SITUATION.

BUT AT LEAST IN THAT CASE, WE HAD THE ABILITY TO WRITE AND DID WRITE A LETTER OF CENTER TO LET THAT COUNCIL MEMBER KNOW THAT WE DIDN'T APPROVE OF THAT AND EVENTS ROLLED ON FROM THERE.

WE DON'T HAVE THAT MECHANISM IN PLACE WITH OUR VOLUNTEER MEMBERS AND I FEEL LIKE WE SHOULD HAVE.

I THINK I WOULD BE IN FAVOR OF KEEPING THE HIGHLIGHT AND CLAUSE HERE WITH THE MODIFICATION OF REMOVING THE REFERENCES TO THEIR PRIVATE LIFE BECAUSE I THINK IT'S EVERYBODY'S RIGHT TO LIVE THEIR PRIVATE LIFE WHEREVER THEY WANT TO, AS LONG AS IT'S NOT AFFECTING ANYONE ELSE.

BUT I THINK WE ALSO SHOULD BE ALLOWED SOME MEANS OF DISCIPLINE OF ONE FORM OR ANOTHER TO THE POINT OF ACTUAL REMOVAL IN-BETWEEN TERMS OR WHATEVER, IF THE BEHAVIOR SO WARRANTS IT.

THAT SHOULD BE IN THE DISCRETION OF THE CITY COUNCIL AND THE CITIZENS DON'T LIKE THE FACT THAT WE DID THAT.

THERE'S ALWAYS OUR NEXT ELECTION TO GET GARBAGE OUT.

ANYWAY, THAT'S MY THOUGHTS ON IT.

>> I AGREE WITH SEVERAL OF THE SEDIMENTS THAT HAVE BEEN SHARED.

MR. SCOTT MENTIONED WE NEED A BASELINE, AND AS OF RIGHT NOW WE DON'T.

IF WE TOOK ACTION WHILE AS OF RIGHT NOW IT'S JUST AMBIGUOUS.

OUT THERE YOU CAN DO THIS IF YOU WANT.

BUT WHAT ARE WE GOING TO GO BACK ON TO EXPLAIN OURSELVES? WE ALWAYS WANT TO MAKE SURE WE'RE BEING TRANSPARENT AND WE HAVE A SYSTEM FOR HOW WE GO ABOUT THINGS THAT WAY.

IT'S CLEAR TO EVERYONE WHAT OUR PROCESS IS GOING TO BE.

I THINK THAT IT'S IMPORTANT TO HAVE SOMETHING WRITTEN, SOMETHING THAT'S HANDED ABOUT WHAT OUR EXPECTATIONS ARE BECAUSE WE'RE SELECTED BY THE COMMUNITY MEMBERS TO SIT IN THESE SEATS AND THEN THEREBY WE WERE GIVEN THESE TYPES OF ROLES AND ABILITY AND POWER.

ULTIMATELY THAT RESPONSIBILITY FALLS BACK ON US WHEN THINGS ARE NOT BEING CONDUCTED OR STAFF'S GOING TO HAVE TO TRACK THEM DOWN TO COMPLETE A TRAINING OR IF YOU'RE NOT DOING THE BARE MINIMUM OF SHOWING UP ON TIME AND THERE'S JUST FOLLOWING UP A LIST OF HOW TO YOU BRING UP GRIEVANCES AND THINGS OR QUESTIONS YOU GO.

HAVING THE ALL SPELLED OUT AS JUST SMART WISE AND THAT'S A GOOD WAY TO CONDUCT BUSINESS SO WE HAVE A BASELINE AND EVERYONE WHO AGREES TO SERVE IN A POSITION KNOWS WHAT THEIR EXPECTED OF IN THAT ROLE.

[00:45:06]

I APPRECIATE IT.

MR. RUSSELL'S RECOMMENDATION AND I WAS COMPLETELY IN LINE WITH WHAT YOU MENTIONED OF POSSIBLY ADDING THAT ACTIVELY PROMOTE PRINCIPLES OF GOOD GOVERNMENT, GOOD CITIZENSHIP, AND THEN AS HE MENTIONED, JUST ADDING THAT BEGINNING PIECE OF BEING MINDFUL THAT YOU REPRESENT THE CITY AS A MEMBER.

I THINK SOME OF THAT OTHER STUFF FALLS IN WHEN YOU'RE THINKING ABOUT NOT WANTING TO HAVE CONFLICTS OF INTERESTS, NOT DISCLOSING INFORMATION THAT YOU SHOULDN'T, BUT REALLY ULTIMATELY WE JUST WANT PEOPLE TO SERVE WHO WANT TO SERVE AND SERVE IN AN UPSTANDING WAY THAT MAKES THIS WHOLE COMMUNITY PROUD.

I AGREE, WE DON'T WANT TO FALL INTO A TRAP AS MR. MCCLENDON SET OF NITPICKING WHEN SOMEBODY'S DOING SOMETHING IN THEIR PERSONAL TIME.

NO. YOU SENT A TEXT MESSAGE OR YOU HAD A PERSONAL PHONE CALL THAT MENTIONED ONE THING AND DOES THAT THEN GETS SPREAD ACROSS AS PUBLIC VERSUS WHEN YOU POST SOMETHING ON SOCIAL MEDIA, AS WE PREVIOUSLY HAD TO DEAL WITH WITH FORMER COLLEAGUE OF BERATING A SPECIFIC STAFF MEMBER AND INFLUENCING HOW DECISIONS WERE MADE.

IT JUST WASN'T THE WAY TO HANDLE THAT SITUATION.

HAVING AN AVENUE FOR HOW PEOPLE CAN SHARE THEIR GRIEVANCES AND A PROCESS FOR IF YOU HAVE CONCERNS OR ANY QUESTIONS AND THEN IT COMING TO THE COMMITTEE AND THEN IT GOING TO COUNSEL.

I THINK THAT THAT'S WHY ISN'T SMART THAT WAY.

WE'RE NOT MAKING RASH DECISIONS. THERE ISN'T.

IT'S NOT FALLING TO THE SHOULDERS OF ONE INDIVIDUAL STAFF PERSON OR INDIVIDUAL COUNCIL PERSON TO SAY, HEY, THIS IS ALL OUT OF WHACK AND WE NEED TO DO SOMETHING ABOUT IT.

SOMETHING THAT MR. SCOTT MENTIONED AND IT'S BEEN ON MY MIND, AS WELL AS THE BACKGROUND CHECK ISSUE.

WE DO REQUIRE VOLUNTEERS FOR OUR CITY TO GO THROUGH A BACKGROUND CHECK.

IF THERE'S A REALLY NEAT SYSTEM FOR CITIZENS THAT AREN'T AWARE THAT YOU CAN SEE ALL THE VOLUNTEER OPPORTUNITIES THROUGHOUT OUR ENTIRE COMMUNITY, WHETHER IT'S AT THE ANIMAL SHELTER, WHETHER IT'S AT THE MUNICIPAL COURT, WHETHER IT IS AT THE BE HEALTHY 5K, AND YOU CAN SELECT ANY EVENTS THAT YOU WANT TO SIGN UP FOR.

THERE'S A WHOLE COOL VOLUNTEER LOG, BUT YOU HAVE TO GO THROUGH A REALLY SIMPLE BACKGROUND CHECK AND YOU HAVE TO DO THAT TO VOLUNTEER IN THE KIDS' SCHOOLS.

CHURCHES REQUIRE THAT.

I KNOW MY CHURCH REQUIRED IT FOR ME TO TEACH AND BE INVOLVED IN OUR YOUTH AND EDUCATION, SO I DON'T THINK THAT THAT'S A LARGE REQUEST.

I DON'T KNOW HOW SOME OF MY OTHER COLLEAGUES FEEL ABOUT THAT, BUT I DON'T THINK THAT'S ASKING TOO MUCH.

MR. MCCLENDON, I SEE YOU'RE SMACK.

>> WELL, AS LONG AS THE COUNCIL MEMBERS DON'T HAVE TO PASS A BACKGROUND CHECK, I DON'T KNOW THAT IT'S FAIR TO IMPOSE THAT ON VOLUNTEERS.

>> WE CAN SAY, YOU WANT ME TO BRING THIS FORWARD, STRIKING OUT THAT SECTION OR ADDING, HOWEVER YOU WANT TO DO THAT AND THEN LOOKING AT GOING FORWARD WITH A BACKGROUND CHECK OR IS THAT SOMETHING YOU WANT ME TO START INCORPORATING NOW TOO? THAT WOULD ACTUALLY BE MORE OF THE PROCESS OF APPOINTMENT, THEN FALLING INTO THIS NEW SECTION OF EXPECTATIONS THAT WOULD FALL INTO THE APPOINTMENT PROCESS.

THAT IF YOU'RE CHOSEN, DO YOU AGREE AND WE COULD ADD THAT AT THE END OF THE APPLICATION TO THAT.

YOU WILL AGREE THAT YOU'LL DO A BACKGROUND CHECK PRIOR TO APPOINTMENT, PRIOR TO TAKING YOUR SEAT OR YOUR OATH.

WE COULD DO SOMETHING LIKE THAT OR WHAT DO WE COULD DO IS, IT'S UP TO THE COUNCIL.

WE WILL ALSO HAVE THE COUNCIL POLICY EVALUATION, WHICH DID NOT EXIST UNTIL ABOUT TWO MEETINGS AGO.

THAT IF WE WANTED TO TAKE ADVANTAGE OF THAT, WE COULD DO THAT TOO.

IT'S TOTALLY UP TO THE COUNCIL RIGHT NOW.

THE REASON I SAY THAT IS BECAUSE WE HAVE TIME BECAUSE THERE IS NO PRESSING MATTER.

I WANT TO REITERATE THAT RIGHT NOW.

THERE IS NO MATTER THAT IS BEFORE THIS COUNCIL OR THAT'S GOING TO COME BEFORE THIS COUNCIL IN THE NEXT TWO WEEKS.

I HOPE NOT IN CASE UNLESS SOMETHING HAPPENS THAT I HAVEN'T SEEN YET OR KNOW ABOUT THAT IS BEFORE THIS COUNCIL.

YOU HAVE TIME, WHICH I'M SURE.

SOME OF THE OTHER ONES, I'M SURE YOU TO COUNCILOR JOHNSON WOULD SAY, IT'S BETTER TO HAVE IT NOW WHILE YOU DON'T HAVE SOMEBODY OR SOME SITUATION IN MIND, AND YOU'RE MAKING THESE DECISIONS BASED ON NEUTRALITY, BASED ON BALANCE, BASED ON TRANSPARENCY INSTEAD OF WHAT WE'RE TRYING TO GET THIS HURRIED SO THAT WE CAN DO SOMETHING.

>> I THINK WE'RE PRETTY MUCH IN AGREEMENT ON MOST OF THIS 97%.

I'M LOOKING AT MY OTHER TWO COMMITTEE MEMBERS.

I DON'T THINK THIS NEEDS TO COME TO OUR COMMITTEE TO COME BACK TO COUNCIL SINCE WE'RE ALREADY TALKING ABOUT IT AND I WOULD AGREE.

I KNOW IT'S NOT PRESSING, BUT WHO KNOWS WHAT COULD HAPPEN? THIS IS GET IT ADDRESSED WOULD BE MY THOUGHT.

[00:50:03]

>> THIS A GENERAL DIRECTION TO TAKE OUT THAT SECTION 4 AND THEN LEAVE FIVE AND ADD IN BEING MINDFUL? THEN DID YOU WANT ME TO ADD SOMETHING ON THE APPOINTMENTS PROCESS ABOUT ADDING A BACKGROUND CHECK?

>> I THINK WE CAN HOLD OFF ON THAT TILL THE COMMUNITY COMES BACK WITH ITS DECISION.

IF THE COUNCIL'S WILLING TO DO THIS.

>> LET'S ADDRESS ONE MORE THING HERE, WHICH IS THE YOUTH MEMBERS.

THEN THIS IS JUST OPEN DISCUSSION.

Y'ALL JUST THINK ABOUT.

>> THIS IS USE MEMBERS IN GENERAL?

>> YES. ALL OF THEM SO OUR MAYOR'S YOUTH COUNCIL AND OUR YOUTH MEMBERS.

WE HAVE VOTING MEMBERS ACTUALLY ON SOME OF OUR BOARDS AND COMMISSIONS AND COMMITTEES.

OUR PLAN AND ZONING HAS A YOUTH MEMBER, BUT HE'S A NON-VOTING, BUT PART OF THE BOARD IS VOTING.

>> WHETHER OR NOT THAT POSITION VOTES, WE WOULD STILL.

I THINK SPELLING OUT THE EXPECTATIONS, WHEN THEY'RE REQUIRED TO COMPLETE TRAINING AND LETTING STAFF KNOW.

BECAUSE ULTIMATELY THE GOAL OF PUTTING SOME OF THESE YOUTH IN THESE POSITIONS IS TO EMPOWER THEM TO TAKE ON FUTURE LEADERSHIP POSITIONS.

A BARE MINIMUM OF, YOU NEED TO BE TIMELY, YOU NEED TO LET THE STAFF LIAISON KNOW WHEN YOU'RE NOT GOING TO MAKE IT AND WE CAN'T CONDUCT BUSINESS WITHOUT A QUORUM.

THOSE SIMPLE EXPECTATIONS I THINK ARE IMPORTANT TO SHARE WITH THEM AS WELL.

THEN MAYBE THEIRS IS JUST AS SIMPLE AS THAT, BE MINDFUL THAT YOU ARE A REPRESENTATIVE OF THIS COMMUNITY AND WE WANT YOU TO PROMOTE.

I THINK THAT'S FIVE BULLET POINT WOULD HIT PRETTY MUCH EVERYTHING THAT WE WANT TO SHARE WITH YOU.

THERE'S NOT CONFLICTS OF INTERESTS OR CONFIDENTIAL INFORMATION, ISN'T.

WE MAY NEED TO SPELL THAT ONE OUT, BUT MAYBE NOT.

THEY MAY NOT HAVE TO HAVE THE EXACT SAME BULLET LIST AS A ADULT SERVING MEMBER.

>> WOULD YOU LIKE ME TO ADD A SECTION INTO POLICY 40 THAT ADDRESSES YOUTH MEMBERS AND SPELL OUT MAYOR'S YOUTH COUNCIL AND ANY YOUTH MEMBER ON BOARD OR COMMISSION AND COMMITTEE AND THEN MAYBE EVEN IF I'M JUST RESTATING THE OTHERS, BUT IT'S CLEAR.

WHAT ABOUT CONCERNS ON A YOUTH MEMBER? IF SOMEBODY WERE TO COME FORWARD WITH A CONCERN ABOUT A YOUTH MEMBER, YOU WANT TO FOLLOW THIS SAME PROCESS OR IS THERE SOMETHING ELSE YOU WOULD LIKE TO DO?

>> I THINK YOU'RE NICE AND BEETLE LIBERAL LADY AND SAY, THAT THE KIDS NEED TO HARD LEARN RESPONSIBILITY.

YOU'VE BEEN ACCEPTED TO SUBDUCT.

YOU JUST DIDN'T WALK IN AND JUMP ON.

IT'S AN HONOR TO BE ON THAT BOARD AND THERE NEED TO BE ACCOUNTABILITY.

ALL NEED TO LEARN ACCOUNTABILITY.

BUT THEN AGAIN, YOU GOT TO SET A PRECEDENT SOONER OR LATER TO LET EVERYBODY ELSE KNOW THAT YOU'RE GOING TO BE HELD ACCOUNTABLE.

WE HAVE A PROBLEM WITH KIDS NOT SHOWING UP FOR MEETINGS.

>> WE DO.

>> WE NEED TO ADDRESS THAT.

WON'T YOU AGREE VICTORIA, YOU'RE THERE A LOT?

>> ANY OTHER COUNCIL MEMBERS HAVE ANY THOUGHTS ON THAT? IS THERE ANY PART OF WHAT I'M CURRENTLY PRESENTING, WHAT'S CURRENTLY ON HERE THAT YOU DON'T WANT APPLIED TO A YOUTH MEMBER THEN I GUESS BECAUSE I HAVEN'T HEARD THAT YET?

>> THAT'S WHERE I WAS GETTING STUCK.

I DON'T REALLY THINK YOU CAN EXCUSE YOUTH MEMBERS FROM ANY OF THE RESTRICTIONS THAT WE'RE EXPECTING BECAUSE WE PUT THEM IN WHAT TRADITIONALLY HAS BEEN ADULT ROLES.

I THINK WE'RE FAIR AND EXPECTING THEIR RESPONSE TO BE ADULT BEHAVIOR.

I DON'T THINK IT WOULD BE APPROPRIATE TO LESSEN THE RULES FOR THEM.

IN FACT, I WOULD SUGGEST ADDING PICKING UP YOUR CLOTHES AND PUTTING YOUR DISHES IN THE SINK TO THEM.

>> HELPING WITH CHORES.

>> WHILE WE'RE AT IT, BUT NOW BEING SERIOUS NO, I DON'T THINK THERE'S ANY REASON TO.

>> I DON'T NEITHER.

>> I THINK IF YOU CAN'T HAVE A QUORUM BECAUSE A YOUTH MEMBER DOESN'T SHOW UP HERE.

IT HAS EXACTLY THE SAME EFFECT ON THE OTHER MEMBERS OF THE COMMITTEE IS IF ONE OF THE ADULT MEMBERS DOESN'T SHOW UP.

EQUAL RESPONSIBILITY AND EQUAL RULES.

>> I'M JUST WONDERING, WHEN WE PUT THESE RULES OUT THERE AND ONCE IT'S GOING TO HURT THE RECRUITING SAYING, WELL, ALL OF THESE RULES.

I MIGHT HAVE TO TAKE OFF. I MIGHT HAVE TO DO THIS.

BUT ANYWAY WELL, I'M JUST NOT GOING TO JOIN AND I DON'T KNOW WHERE THAT WOULD GO.

>> WE'RE NOT SAYING THAT PEOPLE CAN'T MISS MEETINGS.

WE'RE JUST SAYING THERE'S AN EXPECTATION THAT IF YOU KNOW YOU'RE GOING TO BE OUT, IF YOU COULD GIVE US 72 HOUR NOTICE BECAUSE THAT HELPS US WITH A QUORUM AND MAKING SURE THAT WE'RE GOING TO HAVE A QUORUM PRESENT FOR THAT BORDER COMMISSION MEETING.

THERE ARE SOME THAT HAVE AN ATTENDANCE RULE ALREADY IN PLACE.

YOU HAVE TO ATTEND 75% OF THE CALLED MEETINGS OR YOU ARE AUTOMATICALLY NOT QUALIFIED TO BE ON THAT AND YOU'RE REMOVED.

THERE'S ALREADY SOME OF THOSE ABSENCES FOR THAT IN PLACE ALREADY.

[00:55:05]

WE'RE JUST ASKING THAT WE TELL YOU WHICH STAFF.

IF YOU'RE NOT GOING TO MAKE IT, YOU NEED TO LET WHOEVER KNOW.

IF YOU'RE NOT GOING MAKE THE CBA, YOU NEED TO LET MONICA KNOW 72 HOURS AHEAD OF TIME SO SHE CAN COUNT AND MAKE SURE WE'VE GOT EVERYBODY AND SAY, WE HAVE A QUORUM FOR THIS COUNCIL, MUCH LIKE SHE DOES FOR YOU ALL.

IF WE CALL A SPECIAL MEETING, WE'RE GOING TO HAVE THAT CONSIDERATION TO ASK ALL THE COUNCIL, CAN YOU MAKE THIS SPECIAL DAY THAT'S UNUSUAL AT AN UNUSUAL TIME.

IF YOU ALL SAY YES OR IF WE DIDN'T HEAR FROM YOU OR WE DON'T KNOW, THEN IT HELPS FOR US TO KNOW WE CAN HAVE A MEETING GO FORWARD.

>> IT'D BE INTERESTING TO SEE IF WE TOOK OUR RULES, PUT IT IN FRONT OF SAYING YOU ONLY DO.

WOULD YOU ALL CONSIDER ADAPTING THESE RULES FOR YOU AND SEE IF THE ROWDY JEFF'S ARE STARTING TO GETTING THE STORY OUT, WHATEVER

>> I THINK YOUR CURRENT MAYOR'S YOUTH COUNCIL WOULD SAY THEY'RE NOT STRICT ENOUGH.

>> THAT IS VERY TRUE.

>> IF YOU ASK THEM, THEY WILL TELL YOU IT'S NOT STRICTLY.

>> THAT IS VERY TRUE.

>> WE USED TO DO TEEN COURT HERE IN BURLINGTON AND WHAT THAT ONE DID UP HAPPENING WAS THAT THOSE TEENS WERE WAY MORE AGGRESSIVE THAN WE.

MATS SHAKING HIS HEAD BECAUSE HE WAS THE PROSECUTOR.

>> THEY WERE HARDER ON THEIR FELLOW STUDENTS THAN ADULTS ARE.

WHEN YOU COME TO MAYOR'S YOUTH COUNCIL MEETINGS, THEY SAY THE SAME THING.

WE SHOULD BE A LOT MORE LIMITING ON WHO WE ALLOW IN AND HAVING HIGH EXPECTATIONS OF THEMSELVES AND I THINK THAT'S A GOOD THING WHEN THEY'RE LOOKING AT EACH OTHER AND SAYING, YOU SHOULD BE HERE.

YOU SHOULD LET MS. MONICA KNOW WHEN YOU CAN'T MAKE A MEETING SO THAT WE CAN CONDUCT BUSINESS OR WE CAN'T.

THEY'RE PRETTY TOUGH ON EACH OTHER.

>> THEY WOULDN'T HAVE A PROBLEM ADAPTING OUR RULES.

MAYBE, I DON'T KNOW.

>> BUT IT'S NOT TO SAY THAT THINGS ARE NOT GOING TO POP UP.

WE'RE JUST SAYING, IF YOU COULD PROVIDE.

IN A COUPLE OF WEEKS AGO WHEN WE HAD A FURBY MEETING, WE HAD TO COME BACK THAT AFTERNOON.

I ENDED UP NOT HAVING CHILDCARE.

I CALLED AMANDA, ARE WE GOING TO HAVE A QUORUM OR AM I GOING TO HAVE TO SIT MY KIDS IN THE FRONT ROW WITH A TABLET BECAUSE I DON'T HAVE CHILDCARE ANY LONGER.

THINGS ARE GOING TO POP UP.

THIS IS JUST A GENERAL.

THIS IS WHAT OUR EXPECTATIONS ARE, AND SOMETIMES WHEN PEOPLE ARE GETTING TO A ROLE, JOBS CHANGE, COMMITMENTS CHANGE AND THEY HAVE TO SAY, I CAN'T SERVE IN THAT CAPACITY ANYMORE.

BUT AS OF RIGHT NOW WE'RE IN A REALLY GOOD POSITION BECAUSE MOST OF OUR BOARDS HAVE QUIET A LIST OF PEOPLE THAT ARE ITCHING TO SERVE IN THOSE CAPACITIES.

THIS IS THE PERFECT TIME, LIKE IT HAS BEEN SAID MULTIPLE TIMES TONIGHT.

THIS IS A CALM LOW AND WE'RE NOT BEING REACTIVE TO SOMETHING, BUT WE ARE TRYING TO SAY GOING FORWARD AS THIS COMMUNITY GROWS, AS MORE AND MORE PEOPLE WANT TO SERVE IN THESE CAPACITIES.

THESE ARE OUR EXPECTATIONS AND IF YOU PUT IT OUT THERE, THEN PEOPLE WILL EITHER AGREE OR THEY WON'T.

BUT AS I MENTIONED, WE ALREADY HAVE SOME OF THESE EXPECTATIONS TO JUST VOLUNTEER ANYWHERE IN THE COMMUNITY.

I DON'T THINK IT'S ASKING FOR TOO MUCH.

>> I THINK WE'RE ON BOARD WITH, THEY FOLLOW THE SAME RULES.

>> I'LL BRING THIS FORWARD AND THEN JUST SO COUNSEL KNOWS, ONCE I BRING THIS FORWARD AND YOU ALL ADOPT IT.

THEN I WILL SCHEDULE TIME ON EVERY BOARD, COMMISSION, AND COMMITTEES SCHEDULE TO BRING FORWARD THE WHOLE POLICY OF 40 BECAUSE IT'S ALSO GOING TO BE HELPFUL FOR ME TO EDUCATE THEM ON HOW THEY ACTUALLY GOT ON THE BOARD AND THEN NOW WHERE WE'RE AT.

IF I DO IT IN A TOTAL TRAINING ENVIRONMENT, I THINK THAT'LL BE BETTER FOR THEM AND THEN HIT SOME POINTS THERE FOR THEM.

>> ONE OTHER THING, AMANDA, ON THE BURLESON RULES OF ORDER.

>> YES. SORRY.

>> COUNCIL POLICY 17.

DO WE HAVE A POINT OF FILIBUSTER THERE ALSO?

>> YES, I BELIEVE SO.

WE'RE GOING TO FOLLOW THAT ONE NEXT, THE BURLESON RULES OF ORDER.

>> I DIDN'T SEE IT ON THIS SLIDE.

>> LET ME.

>> SINCE YOU'RE PULLING IT UP, YOU'RE JUST GOING TO REFERENCE, COUNCIL, POLICY 17 IN THERE.

THAT WAY IF WE MAKE CHANGES, IT'LL AUTOMATICALLY CHANGE ON THE MORE MAYORS?

>> I WILL SHORTEN THAT TO SAY THAT WE'LL ADOPT THE BURLINGTON RULES OF ORDER ACROSS AND REFER BACK TO POLICY 17.

WHEN WE CHANGE IT THERE, WE WON'T HAVE TO BE CHANGING IT EVERY TIME.

[Items 3.C. & 3.D. ]

THE NEXT TWO ITEMS, ITEMS C AND D, HAVE TO DO WITH CITY COUNCIL MEETINGS.

ONE IS ON A SCHEDULE AND THE OTHER ONE IS JUST THE OVERVIEW OF THE ACTUAL POLICY.

THE PURPOSE OF THIS IS TO REVIEW POLICY NUMBER 17 THAT THE COUNCIL HAS,

[01:00:06]

WHICH IS COUNCIL POLICY ESTABLISHING COUNCIL MEETING RULES AND PROCEDURES.

WHAT YOU SEE BEFORE YOU IS, WE HAVE REVIEWED THIS ON THE BOTTOM.

I WANT YOU TO BE MINDFUL THAT WE'VE REVIEWED THIS POLICY NOW.

WE'VE BEEN TRYING TO DO IT ANNUALLY.

YOU CAN SEE WE DID IT TWICE IN 2021, BUT IN JANUARY 2020, FEBRUARY 21, AUGUST 21, JUNE 22ND.

THERE IS NOTHING GOING ON EITHER WITH POLICY 17, OR THE WAY THAT WE'RE CONDUCTING MEETINGS, THERE'S NOTHING WRONG WITH IT.

IT'S JUST AN ANNUAL REVIEW THAT WE DO BECAUSE I THINK I SAID WHEN WE FIRST LOOKED AT THIS, IT PASSED IN 1985 AND THEN WE NEVER LOOKED AT IT AGAIN UNTIL 2020.

IT WAS BROUGHT TO OUR ATTENTION BY CITIZEN WHO SAID YOUR POLICY SAYS YOU CAN'T TAKE UP ANY NEW ITEMS AFTER 10:00 AND YOU ALL ARE TAKING NEW ITEMS UP AFTER 10:00 O'CLOCK, AND SHE WAS RIGHT.

WE NAMED A PLAZA AFTER HER, BY THE WAY.

WHO BROUGHT THAT TO MY ATTENTION? [NOISE] RIGHT NOW, POLICY 17 HAS SEVEN SECTIONS.

THE AUTHORITY FOR HOLDING THE MEETING, WHICH IS THE BORING ATTORNEY STUFF THAT MAT MADE ME PUT IN THERE.

[LAUGHTER] THE MEETING AGENDAS, THE COUNCIL MEETINGS, THE RULES, THE PROCEDURES, AND THE CONDUCT, THE ORDER OF THE BUSINESS, WHICH BY THE WAY, SECTION 4 HAS CHANGED MULTIPLE TIMES AND I IMAGINE IT WILL CONTINUE TO CHANGE.

THAT IS NOT A BAD THING, THAT IS, THE COUNCIL ADJUSTING TO OUR OPERATIONS, OUR GROWTH, AND OUR CITIZENSHIP.

BURLESON RULES OF ORDER, WHICH WE'RE VERY PROUD OF, MAYOR AND THE MAYOR PRO TEM, AND THEN THE AUDIO/VIDEO USE.

THOSE ARE THE SECTIONS.

SECTION 2, THE MEETING AGENDAS.

THIS STATES WHO PREPARES THE AGENDAS AND WHO DOES THE POSTING.

IN THIS POLICY 17, IT SAYS THAT THE CITY MANAGER'S OFFICE WILL PREPARE AND ASSEMBLE AND DO EVERYTHING WITH THE AGENDA, AND THEN THE CITY SECRETARY'S OFFICE WILL POST THE AGENDA.

THAT'S WHAT THAT IS IN THAT ONE.

PLACING ITEMS ON THE AGENDA.

IT DOES SAY THE MAYOR OR ANYONE COUNSEL MEMBER CAN PLACE ANY ITEM ON THE AGENDA.

I WANT THAT TO REMEMBER THAT THAT'S BEEN IN PLACE FROM 1985 TILL NOW, THAT ANYONE COUNCIL MEMBER CAN.

AS STAFF, IF WE'RE DIRECTED BY COUNCIL MEMBER TO PUT AN ITEM ON THE AGENDA, WE PLACE THAT ITEM ON THE AGENDA.

THAT'S OUR JOB. THE AGENDA PACKET, IT SAYS WHAT THE CONTENT IS.

IT'LL LIST THAT WE WANT YOU TO HAVE A MEMO.

WE WANT YOU TO MAKE SURE THAT YOU'RE DOING THE FINANCIAL IMPACT.

THIS IS STAFF'S REQUIREMENTS.

WANT TO MAKE SURE WE HAVE A POWERPOINT PRESENTATION, ALL OF THOSE THINGS ARE WHAT'S IN THAT SECTION.

THE ITEM PAGES.

WE WANT TO MAKE SURE THAT WHEN WE TELL YOU TO DO A MEMO, ALL THE PERTINENT INFORMATION IS ON THERE.

WHERE'S THE BACKGROUND? WHEN DID THIS START? HOW LONG? BECAUSE THAT IS OUR HISTORICAL DATA THERE, THAT'S OUR HISTORICAL REPORT.

A POWERPOINT PRESENTATION CAN GIVE YOU AT SOME POINT, SOME LEVEL OF UNDERSTANDING OF THE ITEM BEFORE YOU, BUT A GOOD POWERPOINT PRESENTATION ISN'T GOING TO HAVE WRITTEN OUT VERBATIM YOUR DEPARTMENT MEMO.

THERE ARE SOME TIDBITS IN THOSE TWO APARTMENT MEMOS THAT HAVE A LITTLE BIT OF FINESSE TO THEM THAT WE WANT TO MAKE SURE STAFF IS GIVING YOU.

ALSO FOR US AS STAFF, IF I GO BACK TWO YEARS FROM NOW AND SAY, WHAT HAPPENED? WHY DID I DO THAT? I CAN READ THAT THROUGH.

WE HAVE SOME GREAT STAFF MEMOS THAT DIRECTORS WRITE THAT WHEN I GO BACK AND READ THEM, IT MAKES VERY CLEAR WHAT THEY'RE TRYING TO DO AND IT HELPS ME UNDERSTAND WHERE WE'RE GOING TO GO IN THE MEETING.

CONSENT AGENDA.

THIS IS WHERE COUNCIL GIVES AUTHORITY TO THE CITY MANAGER, AND THIS HAS CHANGED.

FROM 2021/2022, IT'S ALL CHANGED.

WHERE WE'RE AT RIGHT NOW IS THAT THE CITY MANAGER CAN PLACE ANYTHING ON THE CONSENT AGENDA.

EXCEPT FOR ELECTIONS OR ISSUANCE OF BONDS, THEY CAN'T BE ON THERE.

THEN FIRST READING OF ORDINANCES, IT SAYS, TRADITIONALLY SHOULD NOT BE PLACED ON THE CONSENT AGENDA.

I KNOW THAT MAY BE SOMETHING WE WANT TO TALK ABOUT TOO.

COUNCIL MEMBERS OBLIGATION, THIS IS MUCH LIKE COUNCIL POLICY 40 THAT JUST I GARNISHED FROM HERE TO SAY YOU'RE GOING TO STUDY BEFORE THE MEETINGS, YOU'RE GOING TO INCLUDE, YOU'RE GOING TO TELL STAFF AHEAD OF TIME.

IF YOU DO FIELD OPERATIONS OR INQUIRIES, SO YOU TAKE A DRIVE OUT THERE, YOU'RE GOING TO SHARE THAT DATA.

IF YOU TAKE PICTURES, YOU'RE GOING TO SHARE THAT DATA WITH STAFF, ESPECIALLY THE STAFF MEMBER THAT'S GOING TO BE STANDING AT THIS PODIUM.

YOU'RE GOING TO MAKE SURE THAT WE'RE DOING THAT AND WE'RE DIRECTING THAT, WE'RE GIVING THEM A FAIR CHANCE TO COME FORWARD AND GIVE YOU A COMPLETE PICTURE.

BECAUSE SOMETIMES WE'RE SO CLOSE TO IT, WE THINK WE'RE GIVING YOU ALL THE PERTINENT INFORMATION, BUT WE DEAL WITH IT EVERY DAY.

THERE'S SOME TIMES WHEN YOU MAY HAVE A QUESTION THAT'S A LITTLE FURTHER DOWN.

[01:05:01]

IF YOU GIVE US THOSE QUESTIONS AHEAD OF TIME, MUCH LIKE YOU ALL DID FOR ME FOR POLICY 40, I COULD TAILOR WHAT I'M SAYING HERE, PLUS, IT'S ALREADY IN THE AGENDA PACKET, SO WE'VE GOT A WHOLE PICTURE THERE.

SECTION 3 IS THE COUNCIL MEETING RULES, AND THAT COVERS WHAT THE PRESIDING OFFICER DOES, THE BURLESON RULES OF ORDER EXECUTIVE SESSION.

IT ALSO SAYS IN THERE THAT YOU'RE GOING TO ADOPT AN ANNUAL MEETING CALENDAR EVERY YEAR.

IT ALSO TALKS ABOUT CITIZENS APPEARANCE.

THIS IS ONE OF THE ONES THAT HAS CHANGED MULTIPLE TIMES OVER THE YEARS.

COVID AFFECTED THIS ONE.

DURING COVID, WHEN WE WERE ALL REMOTE, WE STARTED TO ALLOW SOME ONLINE SPEAKER CARDS.

WE HAD THAT VERY WIDE OPEN, VERY BROAD, AND THEN WE'VE NARROWED THAT BACK DOWN NOW THAT WE'RE IN PERSON.

ONLINE SPEAKER CARDS CAN BE SUBMITTED FOR ITEMS LISTED ON THE AGENDA, BUT NOT JUST CITIZEN'S APPEARANCE, CAN BE AN ONLINE SPEAKER CARD.

THEN OF COURSE THAT E&F ALL GO TOGETHER THERE.

WE'RE NOT SAYING TO CHANGE THE TIME OR TO LIMIT THE WAY, ACTUALLY STATE LAW TELLS YOU THAT AT ANY OPEN MEETING ANYBODY CAN COME AND DO A CITIZEN'S APPEARANCE, WE CAN'T SAY NO, THAT YOU CAN'T SPEAK AT ANYTIME.

EVEN IF WE HAVE A SPECIAL BUDGET WORKSHOP AND WE'RE LIKE, WE DON'T WANT TO HEAR FROM THE PUBLIC, WHICH WE WOULD NEVER SAY THAT.

BUT IF WE HAD DIDN'T WANT TO, WE COULD DO THAT.

BUT IT DOES SAY THAT WE CAN DETERMINE OUR OWN RULES AND REGULATIONS ON HOW CITIZENS APPEARANCES ARE, AND THERE IS NO LAW THAT TELLS US WE HAVE TO GIVE YOU FIVE MINUTES, WE HAVE TO GIVE YOU FIVE MINUTES.

YOU HAVE TO BE AT THE VERY BEGINNING SO THAT YOU CAN GO HOME, OR WE CAN PUT YOU AT THE VERY END OR IN THE MIDDLE OR HOWEVER YOU WANT TO DO THAT, WE JUST HAVE TO HAVE THAT ON THE AGENDA.

WE HAVE TO GIVE CLEAR, EQUAL OPPORTUNITY TO EVERYBODY DURING CITIZEN'S APPEARANCE AND THERE ARE RULES ABOUT THE COUNCIL WHAT YOU CAN AND CANNOT REPLY BACK WITH.

ON THE CITIZEN'S APPEARANCE, I JUST WANT YOU ALL TO REALIZE THAT IT DOESN'T HAVE TO BE IN THE PLACE THAT IT SAID, IT CAN MOVE AROUND AND WE DON'T HAVE TO, THIS IS ALL COUNCIL'S PURVIEW.

IF YOU WANT TO DO THREE MINUTES, YOU WANT TO DO ONE MINUTE.

I KNOW A CITY THAT PUT IT AT THE VERY END, AND IT'S ONE MINUTE.

YOU HAVE TO REGISTER 24 HOURS AHEAD OF TIME, THERE'S ALL KINDS OF RULES YOU CAN DO.

WE'RE NOT GOING TO DO THAT, WE'RE NOT IN THAT EASTERN SIDE OF THE METROPLEX, SO WE PROBABLY WON'T NEED TO DO THAT.

THIS IS THE ORDER OF THE AGENDA.

RIGHT NOW, THIS IS CURRENTLY WHAT COUNCIL HAS ADOPTED.

IF YOU'LL NOTICE, WE DON'T FOLLOW THIS [LAUGHTER] BECAUSE IT SAYS REPORTS WILL BE AT THE END AFTER GENERAL ACTION ITEMS AND WE HAVE MOVED THOSE TO THE FRONT.

BUT THIS WAS THE ADOPTED ORDER THAT COUNCIL DID THE LAST TIME YOU-ALL REVIEWED IT IN JUNE OF 2022.

APPARENTLY, WE DIDN'T STICK TO IT.

[LAUGHTER] DIDN'T END. WE'RE GOOD. THE ONLY THING RIGHT NOW THAT I HAD AND THIS WAS GOING TO GO INTO OUR CALENDAR FOR NEXT YEAR, IS THAT I WOULD LIKE COUNCIL TO CONSIDER TO DO ALL PROCLAMATIONS AND PRESENTATIONS ONCE A MONTH ON THE SECOND MEETING OF THE MONTH.

THAT WAY WE ALL KNOW WE CAN SCHEDULE EVERYBODY, EVERYBODY UNDERSTANDS THAT'S WHEN IT'S GOING TO BE.

THEN IT ALSO GIVES OUR OFFICE TIME TO GET READY FOR THAT.

WE CAN FIT THAT IN.

IF WE'RE DOING IT AND WE DON'T HAVE REPORTS AND PRESENTATIONS OR ANYTHING ELSE THAT WE'RE PUTTING IN FRONT OF IT, THAT IT'S THE SECOND MEETING OF THE MONTH, AS SOON AS WE START, RECALL THE ORDER, WE DO OUR PRESENTATIONS AS MUCH LIKE WE HAVE THEM LISTED NOW.

EVERYBODY WILL KNOW AND THERE'LL BE ABLE TO DO THAT INSTEAD OF COMING, AND THEN WE DO THIS AND THEN WE PUT THE PRESENTATIONS IN.

I THINK THIS IS JUST GOING TO BE A LOT CLEARER FOR EVERYBODY.

IT WILL HELP EVERYBODY OUT.

THEN DEDICATED WORKSESSION FOR REPORTS, CLEARLY STATED WITH A START TIME FOR BOTH THE WORK SESSION AND THE REGULAR AGENDA.

WHAT I MEAN BY THAT IS IF WE'RE GOING TO DO A WORK SESSION ITEM, WE'RE NOT GOING TO HAVE A NOTATION ON THERE THAT SAYS NOTHING WILL START.

THESE SECTIONS WON'T START BEFORE 5: 30.

ALTHOUGH THAT MEETS THE LETTER OF THE LAW, I DON'T BELIEVE THAT MEETS THE SPIRIT OF THE TEXAS OPEN MEETINGS ACT AT ALL.

I THINK THAT THE ATTORNEYS IN THE ROOM WILL TELL YOU THAT SOMETIMES WE CAN GET DINGED ON THE SPIRIT.

WE'RE NOT FOLLOWING THE SPIRIT OF IT.

WE DON'T WANT EGG ON OUR FACE THAT WE'RE TRYING TO HIDE SOMETHING.

FROM ME, THIS WORKS BETTER IF WE HAVE CLEARLY STATED, HERE'S YOUR FOUR O'CLOCK, YOUR THREE O'CLOCK, YOUR TWO O'CLOCK, YOUR FIVE O'CLOCK, I DON'T CARE WHAT TIME IT IS, WORK SESSION AND ALL THAT'S ON THERE ARE THE REPORTS AND PRESENTATIONS AND THEN THERE'S A CLEAR ADJOURNMENT AND THEN THERE'S A SEPARATE AGENDA POSTED THAT SAYS HERE'S THE REGULAR AND EVERYTHING ON THERE AS FOR ACTION ITEM ONLY.

AT SUIT WOULD BE ONE OF MINE.

THEN THE OTHER THING IS THE BURLESON RULES OF ORDER.

[01:10:03]

I'D LIKE TO CONSIDER THE COUNCIL TO REFER THIS BACK TO THE COUNCIL POLICY AND EVALUATION COMMITTEE TO REVIEW THE RULES.

THEY'VE BEEN ADOPTED IN 2020 AND IT REMAINED UNCHANGED.

AT THE TIME, THOSE FIT INTO WHAT WE WERE DOING.

THOSE WERE CRAFTED BY SOME VERY SMART, SMARTER-THAN-ME COUNCIL MEMBERS.

WE HAD TWO ATTORNEYS AND A FINANCE GUY ON THE COMMITTEE AT THAT TIME, SO [LAUGHTER] WE DID REALLY WELL.

I WOULD LIKE FOR THAT TO BE A CONSIDERATION BY COUNCIL TO DO THAT.

THEN THERE'S NOTHING REALLY TO CHANGE FOR THE MAYOR OR THE MAYOR PRO TEM THAT I CAN SEE UNLESS YOU GUYS WANT TO.

THEN AUDIO-VIDEO USE IS DICTATED BY STATE LAW, SO WE CAN'T REALLY DO MUCH THERE.

IT'S AS TIGHT AS IT CAN BE AND AS LOOSE AS IT CAN BE ACCORDING TO MATT ROBISKY.

COUNCIL, IF YOU WOULD LIKE TO TALK ABOUT THAT OR SEE IF YOU WANT TO REFER THAT TO THE COMMITTEE FOR ANYTHING OR IF YOU JUST WANT TO LEAVE IT AS IS.

>> AMANDA, IS IT OUR CHARTER THAT SAYS THE MAJORITY OF COUNCIL MEMBERS CAN CALL A SPECIAL MEETING?

>> YES. IT'S THE CITY SECRETARY OR IT'S IN THE CHARTER.

OR THE MAJORITY OF THE COUNCIL.

>> MAYOR, CITY MANAGER.

>> YES. DO YOU WANT TO INCORPORATE THAT, BECAUSE WE DON'T REFER TO THIS IN HERE AND WE CAN REFER BACK TO THE CHARTER BECAUSE, YOU'RE RIGHT, THERE'S NO REFERENCE IN THERE FOR SPECIAL MEETINGS.

>> I THINK THAT ONE THROUGH ME BECAUSE I WAS CONFUSED.

YEAR OR TWO AGO WE WERE VISITING THE IDEA OF CALLING A SPECIAL MEETING AND IT SAID I HAD TO HAVE THE MAJORITY OF THE COUNCIL.

BUT THEN WE'RE NOT SUPPOSED TO CONDUCT BUSINESS WITH MORE THAN TWO MEMBERS OF THE COUNCIL.

LUCKILY, WE ENDED UP NOT HAVING TO DO WHATEVER IT WAS.

I DON'T EVEN REMEMBER WHAT IT WAS AT THE TIME, BUT IT WAS SO AWKWARD BECAUSE I COULDN'T REALLY COMMUNICATE WITH MORE THAN TWO OF MY COLLEAGUES BECAUSE THEN I WOULD BE VIOLATING OPEN MEETINGS ACT AND I HAD TO HAVE LOTS OF CONVERSATIONS WITH ALAN AND SAYING, WHAT CAN I SAY? IT'S LIKE IF YOU SPEAK VERY BROADLY, SOUNDS LIKE THIS IS REALLY MESSY.

I JUST DIDN'T KNOW IF THAT WAS SOMETHING THAT HAD TO BE IF IT WAS.

I WAS PRETTY SURE YOU'LL HIGHLIGHT IT IN RED IN OUR ATTACHMENTS THAT IT WAS IN OUR CHARTER.

>> IT'S IN OUR CHARTER.

>> I THINK IT MIGHT BE HELPFUL TO SPELL OUT SPECIAL MEETINGS BECAUSE IF IT'S NOT THE MAYOR AND IT'S NOT THE CITY MANAGER WHO CALLS THAT MEETING, IT DOES HAVE TO IN SOME WAY MAYBE IF ONE PERSON RAISES A CERTAIN FLAG LIKE PONCHOS, THEN THAT MEANS FOUR OF US CAN NOD OUR HEADS BUT NOT SAYING ANYTHING.

[LAUGHTER]. I DON'T KNOW HOW WE'RE SUPPOSED TO COLLECT TO DO THAT, BUT THAT DOES SAY IT IN OUR CHARTER.

>> IT REALLY IS A DILEMMA.

BUT IT WOULD TAKE A CHARTER ELECTION TO CHANGE IT.

>> YES, IT WOULD.

>> NORMALLY YOU WOULD SEE SOME DISCUSSION AT A COUNCIL MEETING WHERE A NUMBER OF YOU WOULD SAY, I THINK WE NEED TO HAVE A SPECIAL MEETING TO DISCUSS THAT.

THAT'S WHERE THAT'S ANTICIPATED TO OCCUR.

>> IT'S ANTICIPATED THAT THAT REQUEST WOULD ARISE IN AN OPEN MEETING.

>> BECAUSE THAT'S UNLESS NECESSARILY THE CASE.

>> IF YOU CAN CALL FOR YOUR SPECIAL MEETING, YOU THINK YOU NEED TO HAVE RIGHT NOW.

YOU'VE GOT TO WAIT FOR THE NEXT REGULARLY SCHEDULED MEETING TO HAPPEN.

>> SOMEBODY WASN'T THINKING WHEN THEY WROTE THAT PART, I GUESS.

>> IT WAS PROBABLY TO PREVENT IT FROM DOING IT, BUT I JUST THOUGHT THAT WAS FUNNY AND ODD.

>> I THINK IN THOSE SITUATIONS, JUST LIKE WE DID BEFORE, WE GET ON THE PHONE WITH OUR LEGAL COUNCIL AND WE ASK THEM HOW TO NAVIGATE THOSE WATERS AND WE CAN MANAGE TO NAVIGATE THOSE WATERS.

BUT I WILL REFER TO THE CHARTER AND PUT THAT CHARTER LANGUAGE INTO POLICY 17 OR RECOMMEND THAT WE PUT INTO POLICY 17.

I THINK POLICY 17, IF YOU GUYS ARE OKAY WITH WHERE WE'RE DIRECTION IS, MAYBE GOES TO THE COUNCIL POLICIES AND REVIEW COMMITTEE, BUT I DO WANT YOU GUYS TO TAKE INTO CONSIDERATION THE ORDER OF THE COUNCIL MEETING, MAYBE LOOKING AT THAT TO WHAT WE HAVE.

>> I HAVE ANOTHER QUESTION FOR YOU AWAY FROM 17.

ARE WE CONSTRAINED IN SOME WAY TO ALLOW APPLICANTS OR PRESENTERS ALL THE TIME THEY WANT TO PRESENT THEIR CASE TO US, OR DO WE HAVE THE DISCRETION OF PUTTING A TIME LIMIT ON THEM?

>> GO AHEAD, MATT, IF YOU WANT TO.

>> YOU HAVE DISCRETION TO PUT TIME LIMITS, AS LONG AS IT'S REASONABLE.

YOU WANT TO GIVE THE APPLICANT MORE TIME THAN THE GENERAL PUBLIC BECAUSE EVERYONE MAKING THE CASE AND THEY BEAR THE BURDEN OF PROOF.

>> COMING BACK TO MY CELL PHONE TOWER GUIDE THAT I HAD TO JUST WALK OUT OF THE ROOM,

[01:15:04]

, I WAS TIRED OF LISTENING TO HIM DRONE ON AND ON, READING TO US.

>> I FORGOT ABOUT THEM.

>> WRITTEN MATERIAL THAT HE HAD PRESENTED TO US AHEAD OF THE MEETING AND THEN CHOSE TO TAKE HIS TIME AT THE PODIUM TO READ EVERYTHING TO US THAT HE HAD HANDED US IN WRITING.

I GOT A LITTLE BIT OFFENDED BY THAT.

>> I GUESS THAT'S STARTED OVER.

>> YEAH.

>> [INAUDIBLE].

>> DR. ROTJIT WALKED OUT OF THE ROOM SO HE JUST STARTED OVER.

I'M LIKE, WE'RE NEVER GOING TO BE ABLE TO GET THIS GUY TO SHUT UP.

>> YOU HAVE THE ABILITY TO PUT IT IN RESTRICTIONS.

I THINK YOU CAN MAKE YOUR CASE IN 20 MINUTES.

WE'RE GOING TO BE 20 MINUTES AND THEN MAYBE GIVE THEM REBUTTAL AT THE END AFTER SOME SPEAKERS AND JUST CLOSE IT OFF THAT WAY AND SAY WE WILL GIVE YOU FIVE MINUTES FOR I THINK IT WILL BE VERY COMMON.

IT'S HARD TO MAKE HARD AND FAST RULES BECAUSE IT'S ON A CASE-BY-CASE BASIS, SO YOU CAN'T REALLY PUT THE POLICY THE MOST ARE GOING TO GIVE US X OR Y BECAUSE IT COULD BE SOMETHING THAT'S SO COMPLICATED THAT IT NECESSITATES A LONGER PERIOD OF TIME.

BUT I THINK AS A BODY, YOU'RE ABLE TO SET THOSE TYPE OF LIMITS.

>> THERE WAS THE POINT AFTER THAT GENTLEMAN THAT HE NEEDED TO BE COGNIZANT OF OUR TIME WOULD HAVE SHOT RIGHT OVER HIS HEAD JUST LIKE EVERYTHING ELSE DID.

I WOULD LIKE TO PUT A HARD TIME ON IT.

>> I WOULDN'T HAVE A PROBLEM WITH THAT.

I THINK THE ONLY ISSUE WE HAVE IN THE CASE OF WHAT DAN'S TALKING ABOUT, WE ALL AGREED HE WOULD HAVE SHUT UP.

THERE'LL GOING TO BE TIMES WHEN ONE COUNCIL MEMBER WANTS HIM TO SHUT UP, MAYBE NOBODY ELSE DOES.

I DON'T KNOW HOW YOU ADDRESSED THAT.

>> THIS IS TRUE. IF THEY'RE GIVING YOU INFORMATION THAT ANOTHER COUNCIL MEMBER WANTS TO HEAR.

I THINK IF YOU'RE LIBERAL, YOU CAN BE.

WE CAN FIT A TIMEFRAME IN THERE.

>> A REASONABLE AMOUNT OF TIME.

BUT YOU MIGHT GET SEVEN DIFFERENT DEFINITIONS OF WHAT THAT IS FROM EVERYBODY UP HERE.

>> I'LL AVERAGE.

>> TEN MINUTES, 10, 15.

>> I WAS GOING TO SAY 15.

>> GIVING SOMEBODY 15 MINUTES TO STATE THEIR CASE.

THEY ALSO HAVE THE OPTION OF GIVING US ALL OF THEIR ARGUMENTS AND RIDING AHEAD OF TIME.

THEY'RE REQUIRED ACTUALLY TO DO SO 72 HOURS AT A TIME, I BELIEVE IT SAYS.

DO WE HAVE TIME TO CONSIDER ALL OF THAT? THAT'S AS IT SHOULD BE.

>> WE CAN SET THE TIME, BUT AS IN THE PAST, THE PRESIDING OFFICER HAS THE ABILITY TO EXTEND IT TO IT ANYTIME.

WE'VE GOT TO WEIGH OUT IF WE NEED TO, AND ALWAYS LOOK AT OUR COUNCIL MEMBERS WHERE THEY ALL WANT TO DO IT OR NOT.

IT'S NOT MY DECISION.

>> I THINK WE WERE ALL LOOKING AT DAN THAT TIME GOING.

>> I WAS ALL LAUGHING.

>> PLEASE.

>> GET IT. SIT DOWN. I'M GOING TO TACKLE HIM.

SOMETHING'S GOT TO CHANGE BECAUSE WE'RE GOING TO BE HERE ALL NIGHT LONG.

WE'VE GOT A LONG AGENDA.

>> YOU'RE JUST GOING TO READ THE WHOLE PACKET TO US.

>> YOU'RE GOING TO READ THE ENTIRE PACKET COVER TO COVER.

I'M LIKE, NO, YOU'RE NOT.

>> JUST TO WEAR US DOWN.

>> HE BUILT BY THE HOUR.

>> [INAUDIBLE] STRATEGY DIDN'T WORK.

>> I WOULD SAY IF WE'RE PUTTING SOMETHING TO POLICY, I WOULD JUST LEAVE IT UNDEFINED AS A REASONABLE TIME AND THE COUNCIL CAN SET LIMITS AS NECESSARY TO HEAR THE CASE AND JUST GO FROM THERE AND WE'LL TAKE IT ON A CASE-BY-CASE BASIS.

>> CAN WE USE THE SAME SITUATION ON THE FINANCE DIRECTORS?

>> NO MERCY THERE.

[LAUGHTER] I LIKE THE IDEA OF HAVING THE HEARTBREAK AND IF YOU WANT TO DO TWO SEPARATE AGENDAS, WOULD WE ACTUALLY ADJOURN OR WILL WE JUST [OVERLAPPING]

>> YES, WE WILL ADJOURN.

>> ADJOURN AND THEN [OVERLAPPING]

>> RECALL THE MEETING. [NOISE] WE'D SAY THE PLEDGE AND THE PRAYER AND ALL THAT STUFF AND DO THAT PROBABLY THE SECOND ONE AND THEN THE FIRST ONE WOULD BE [OVERLAPPING]

>> THAT IT'S TOTALLY UP TO COUNCIL'S DISCRETION TOO IF YOU WANT TO DO THE PLEDGE AT BOTH OR NORMALLY TRADITIONALLY OTHER COUNCILS, THEY'LL HOLD THEIR WORKSHOP, THAT'S JUST A MORE INFORMAL, CALL TO ORDER, YOU'RE GOING TO ROLL UP YOUR SLEEVES, MAYBE NOT WEAR YOUR SUIT JACKETS.

WE'RE GOING TO GO THROUGH THIS AND BE A LITTLE BIT MORE INFORMAL AND THEN WE'RE GOING TO COME OUT AND WE'LL ADJOURN.

THERE'LL BE A HEARTBREAK ADJOURNMENT.

BECAUSE EVERYBODY THAT'S ON THE REGULAR AGENDA LISTED, WE WANT TO GIVE THEM EXACT TIMES OF WHEN THEY NEED TO BE HERE INSTEAD OF IF IT'S AT FOUR O'CLOCK.

IF WE START AT 4:00 LIKE WE DID TONIGHT, BUT WE'RE NOT GOING TO HEAR SOMETHING UNTIL 5:30, MINE COULD HAVE LASTED 30 MINUTES, WHICH WAS WHAT I WANTED.

OR IT COULD LAST THIS LONG, AND THEN SOMEBODY WHO'S IN THE AUDIENCE, MAKING SURE THEY DON'T MISS IT, SO THEY GET HERE AT 4:00 AND WE'RE NOT HEARING THEM UNTIL 7:00.

>> I WOULD ASSUME THERE MAY BE ONE OR TWO PEOPLE IN THE AUDIENCE THAT ARE HERE FOR A CONSENT AGENDA ITEM THAT WE WON'T HEAR IT UNTIL 6:30?

>> CORRECT. WE WANT TO MAKE SURE THAT WE'RE MINDFUL.

I THINK WHEN WE DO THAT, IT GIVES SOME BREAK IN THERE, AND SO IF YOU WANTED TO GO [NOISE] TO THE NEXT ONE BEFORE WE GET INTO THIS, IF YOU THINK POLICY 17 RIGHT NOW, THERE'S NOTHING TOO DRASTIC THAT WE NEED TO DO THAT MAYBE WE CAN SEND FORWARD TO THE COUNCIL POLICIES COMMITTEE TO REVIEW A LITTLE BIT MORE, AND THEN I'LL BRING THE NEXT ITEM UP AND THEN YOU

[01:20:02]

CAN SEE IF WE NEED SOME DISCUSSION THERE TOO.

THE NEXT ITEM.

>> I WOULD LIKE US TO CONSIDER GIVING THE REPORTS BACK TO THE ENDS AS WE HAVE IT LINED OUT.

I FEEL LIKE IT MAKES OUR MEETINGS, LIKE IT DOESN'T SEEM LIKE IT FLOWS VERY WELL, IT'S LIKE A LOT OF INFORMATION AND THEN WE VOTE ON STAFF AND THEN IT'S MORE INFORMATION.

I JUST DON'T SEE THE FLOW IS THERE AND WE MOVED THAT WHEN, I DON'T EVEN REMEMBER WHAT THE LOGIC WAS AND WHY WE MOVED UP REPORTS, BUT IT JUST SEEMS LIKE DISJOINTED TO THE PUBLIC AND KNOWING WHAT TO EXPECT WHEN THEY COME TO A MEETING.

>> LET ME PULL THIS UP HERE REAL QUICK.

[NOISE] YOU WANT TO MOVE THAT OVER.

THIS FLOWS TOGETHER.

THE NEXT ITEM IS ITEM 3D, WHICH IS THE 2024 PROPOSED COUNCIL MEETING CALENDAR.

I HAVE RECEIVED FEEDBACK ON THIS MEETING CALENDAR, AND SO I WILL SHOW YOU AN OPTION 1 THAT IS NOT AN OPTION ONE FOR ONE COUNCILMAN [INAUDIBLE] [LAUGHTER] CITY COUNCIL POLICY 17 SAYS YOU GUYS WILL ADOPT A COUNCIL CALENDAR BY DECEMBER 1ST OF THE PREVIOUS YEAR SO THAT WE KNOW WHAT'S COMING AHEAD, AND TRADITIONALLY, WE HAVE ONLY PUT ON THEIR CITY COUNCIL REGULAR MEETINGS.

TOMMY BEING A VERY ORGANIZED PERSON, WOULD LIKE FOR US TO ADD SOME MORE ITEMS ON THERE.

I THINK WITH WITH MY PLEASURE, I LOVE TO DO THAT.

I WAS SO GLAD THAT HE ASKED ME TO DO THAT AND THEN I ADDED SOME STUFF IN THERE THAT HE WAS SHOCKED ABOUT, SO DON'T BLAME TOMMY FOR THIS.

[LAUGHTER] MY FIRST OPTION WHEN I WAS LOOKING AT THIS.

THIS IS THE FIRST MEETING OF THE MONTH, ONE TIME A MONTH, TO START AT 9:30 AM IN THE MORNING.

DO THE WORK SESSION FROM 9:30-11:00 WITH A CLEARLY POSTED AGENDA, THAT THAT'S THE WORK SESSION STARTS AT 9:30, GOES TO 11:00 AM, WE'LL DO A LUNCH BREAK THAT WON'T BE LISTED, THAT'S JUST FOR OUR INTERNAL, AND THEN WE START OUR REGULAR AGENDA AT 11:45 AM.

TYPICALLY, WHAT THAT WOULD BE IS THAT THERE'S ONLY ACTION ITEMS, THERE'S NO MORE REPORTS.

IT'S ONLY GOING TO BE ACTION ITEMS AT THE REGULAR AGENDAS.

THAT'S WHERE I'M GOING TO IS THAT EVERY TIME THERE'S A REGULAR AGENDA, IT'S GOING TO BE ACTION ITEMS ONLY UNLESS IT'S THE SECOND MEETING OF THE MONTH AND THEN THERE'LL BE SOME NICE STUFF AT THE BEGINNING, PRESENTATIONS, PROCLAMATIONS, AND THEN AGENDA STUFF ONLY, ACTION ITEMS ONLY, SO NO MORE REPORTS.

REPORTS THAT YOU HEAR WILL BE DIRECTLY RELATED TO AN ACTION ITEM THEY WANT YOU TO TAKE.

THIS WAS THE FIRST RENDITION, AND I DO WANT TO SAY THIS; THE CHARTER SAYS THAT THIS CITY COUNCIL, THIS BODY, WILL MEET AT LEAST ONCE A MONTH.

IT DOES NOT SAY TWICE A MONTH, IT DOES NOT SAY YOU HAVE TO BE ON A MONDAY, IT DOESN'T SAY YOU HAVE TO BE STARTING AT 5:30 OR YOU CAN'T START EARLIER THAN ANYTIME.

IT JUST SAYS THIS BODY WILL MEET AT LEAST ONCE A MONTH TO CONDUCT BUSINESS.

EVERYTHING ELSE IS TOTALLY UP TO THE CITY COUNCIL AND I'M NOT TELLING YOU TO MOVE IT, I'M JUST TELLING YOU BECAUSE I WANT YOU GUYS TO UNDERSTAND THAT YOU DO HAVE SOME FREE FLOWING HERE AND THEN COUNCILS CHANGE, ENVIRONMENTS CHANGE, DIFFERENT THINGS ARE CHANGING.

WE USED TO HAVE COUNCIL MEETINGS ON THE SECOND AND FOURTH THURSDAY'S OF THE MONTH.

IT CHANGED, PEOPLE DIDN'T.

THERE WAS SOME LACK OF BEING ABLE TO GET HERE ON A THURSDAY NIGHT, AND SO WE CHANGED IT TO MONDAYS, AND WE USED TO START COUNCIL MEETINGS AT 7:00 PM.

EVERYTHING CHANGES AND THERE'S NOTHING WRONG WITH CHANGE.

LET'S KEEP CHANGING IT. OPTION 2.

[NOISE] THE OPTION 2 WOULD BE TO HAVE A WORK SESSION DEDICATED, THE FIRST MEETING OF THE MONTH STATED WITH A SEPARATELY POSTED AGENDA FOR PM WORK SESSION, THEN WE WILL TAKE A BREAK, SO LET'S SAY WE HAD AN HOUR WORTH OF SOMETHING OR MAYBE WE HAD AN HOUR-AND-A-HALF OR TWO HOURS OR MAYBE WE HAVE 30 MINUTES, IT DEPENDS ON WHERE WE'RE AT.

THEN WE WOULD STATE THAT THE REGULAR AGENDA AND I PUT DOWN HERE 5:30 OR SIX O'CLOCK.

WHEN I'M LOOKING BACK AT WHEN WE'RE STARTING AT FOUR O'CLOCK, WE ARE TYPICALLY BREAKING AND COMING BACK OUT HERE ABOUT SIX O'CLOCK, 6:15 ALREADY.

THAT'S REALLY LITERALLY WHAT WE ARE DOING, CORRECT? I DON'T SEE THE TIME. WE ARE TYPICALLY FOLLOWING THAT FORMAT.

ONE OF THE REASONS WE'RE GOING TO DO THAT IS BECAUSE AT FOUR O'CLOCK IT'S AN AWKWARD TIME TO START WHEN YOU'RE TALKING ABOUT WE WANT YOU TO BE HERE AS LATE AS YOU HAVE TO BE HERE FOR THE AGENDA THAT WE HAVE IN THIS AGENDA TONIGHT IS PRETTY LENGTHY, SO YOU MAY BE HERE UNTIL NINE O'CLOCK AT NIGHT, I DON'T KNOW, SO WE WANT TO MAKE SURE THAT WE GIVE YOU A BREAK BECAUSE YOU DON'T WANT TO SIT LONGER THAN TWO HOURS WITHOUT BEING ABLE TO GET SOME BREAK, HAVE SOME FOOD, RE-ENERGIZING, GET READY TO GO BACK TO THE REST OF IT.

THAT'S WHY I WOULD SAY THAT'S WHY I PUT UP THERE 5:30 OR SIX O'CLOCK.

[01:25:02]

THE SECOND MEETING OF THE MONTH ON ALL MY OPTIONS, I HAVE THE SAME THING IS THAT WE WILL LIST A FOR 4A MEETING AT 4:30, AND A 4B MEETING AT FIVE O'CLOCK KNOWING THAT WE MAY OR MAY NOT NEED THEM.

BUT THIS GIVES STAFF THE ABILITY TO SCHEDULE AND LOOK AT THEIR SCHEDULE AND BE ABLE TO COMMUNICATE WITH WHOEVER NEEDS TO COME BEFORE THE 4A OR 4B BOARD THAT WE MEET AND HERE'S THE DATES THAT WE'RE GOING TO MEET THROUGHOUT THE WHOLE YEAR OF 2024, UNLESS A SPECIAL CIRCUMSTANCE COMES UP.

WE KNOW WITH EVERYTHING ELSE, I'M GOING TO CAVEAT EVERYTHING.

I WILL NOT RULE WITH AN IRON FIST.

I WILL ALLOW YOU SOME FLEXIBILITY IN THIS ONCE YOU DECIDE ON AN OPTION, I PROMISE.

THAT WAS ONE AND THEN THE SECOND ONE WOULD GO BACK TO YOUR POINT, COUNCIL MEMBER JOHNSON, WHERE WE WOULD LIST THAT REPORTS AND PRESENTATIONS BE DONE AT THE END.

THE FIRST MEETING OF THE MONTH, WE MEET, CALL IT AT 5:30 OR SIX O'CLOCK, AND THEN WE JUST RUN THROUGH EVERYTHING.

WE HAVE THE ORDER THAT WE HAVE RIGHT NOW, WHICH WE CALL EVERYTHING WE DO ALL OUR PUBLIC HEARINGS, ALL OUR DEVELOPMENT ISSUES, AND THEN AT THE VERY END, IT WOULD BE REPORTS.

WE WILL TAKE CARE OF EVERYTHING ON THE BEGINNING SIDE OF ACTION ITEMS OR THAT SOMEBODY IS WAITING FOR THE CONSENT AGENDA.

WE'LL GET TO THAT PRETTY QUICKLY.

THEN WE'D MOVE ON TO REPORTS.

EITHER 5:30 OR SIX O'CLOCK.

AGAIN, THE SECOND MEETING OF THE MONTH, I'VE STILL KEPT THAT CONSISTENT WITH THE 4A AND THE 4B NEEDING TO MEET IF NEEDED, AND SO THERE IS THE REGULAR AGENDA THERE.

THESE ARE THE THREE OPTIONS.

I DON'T KNOW IF YOU GUYS WANT TO DIG INTO THESE THREE OPTIONS.

OR DO YOU WANT ME TO CHOOSE?

>> I'M GOING TO VETO NUMBER ONE JUST BECAUSE [BACKGROUND] NO.

WELL, YES, [LAUGHTER] I WOULD HAVE TO CHECK IF, I MEAN, I'M NOT TRYING TO SOUND SELFISH OR ANYTHING, BUT I KNOW IN THE FUTURE I WON'T BE THE ONLY ONE THAT I HAVE THE 8.00-5.00 JOB AND I WOULD PROBABLY PRETTY MUCH MISS WORK THE ENTIRE DAY THAT DAY, AND THAT WOULD HAVE DETERRED ME FROM RUNNING HAD THIS BEEN THE WAY.

AND OF COURSE, I DON'T MIND HAVING THE SPECIAL SESSIONS.

THOSE ARE NEEDED AND WE HAVE THOSE.

IN FACT, WE'VE GOT ONE ON SEPTEMBER 11TH, AND THAT'S OKAY.

THAT'S FINE, BUT IF THIS WAS A REGULARLY SCHEDULED FIRST MEETING OF THE MONTH AT 09:30, I PROBABLY WOULD NOT HAVE BEEN ABLE TO MAKE IT WORK.

>> PARDON.

>> I WOULD LIKE TO VETO THE FOUR O'CLOCK.

THIS IS SUPER HARD TO MAINTAIN FOR ANYONE WITH KIDS IN SCHOOL.

I RAN MY KIDS HOME AND TRIED TO LINE THEM OUT WITH THEIR CHORES AND HOMEWORK AND EVERYTHING, AND THEN I GAVE MY HUSBAND THE PEACE SIGN AND RAN OUT.

SO THE FOUR O'CLOCK IS JUST NOT EASY.

I THINK IT'S HARD FOR ANYONE WHO'S WORKING AS WELL.

WE HAVE SOME INDIVIDUALS WHO ARE HERE FOR LATER ITEMS ON OUR AGENDA, THEY DON'T KNOW WHEN WE'RE GOING TO GET TO THEM, AND THEY LEFT WORK EARLY TO SIT HERE, AND WE MAY NOT VISIT THEIR ITEM UNTIL 6:30 OR 7:00.

I THINK MAYBE FOR THE BEST BET, WHICH MEANS WE COULD GO BACK TO REALLY LONG MEETINGS, BUT I THINK IT'S JUST NOT PREDICTABLE, IS GOING BACK TO THE 5:30 START, AND PUTTING REPORTS BACK AT THE END.

>> WE CAN DO THAT.

>> I'M OKAY WITH HAVING REPORTS AT BOTH MEETINGS, SO IF WE NEED TO BREAK IT UP THAT WAY, THAT WE DON'T HAVE ONE MEETING A MONTH WHERE THERE'S FIVE REPORTS AND THEY'RE FIVE HOURS LONG.

I DON'T GET THAT FLEXIBILITY.

>> WE CLAIMED A LOT OF THE COUNCIL MEETINGS UP WHEN DAN WAS VERY PERTINENT ABOUT STREAMLINING SOME OF THE STUFF ON THE CONSENT AGENDA, WHERE WE QUIT MICRO MANAGING AS MUCH.

WE TURNED A LOT OF STUFF OVER TO JANE, AND LET HER TAKE CARE OF IT.

BUT I DON'T KNOW, THE MEETINGS WILL NOT GO AS LONG AS THEY USED TO. I DON'T BELIEVE.

SO GOING BACK TO THE TIME, IF IT HELPS VICTORIA ADD THEM OUT AND LARRY IS GOING TO ACCOUNT ON THE SAME PAGE, AND I GUESS THEY WERE RETIRED.

THAT MAKES IT A LOT EASIER ON US.

ONLY THING I WANT TO KEEP IS THE EXECUTIVE SESSION AT THE END, SO PEOPLE AREN'T SITTING AROUND WAITING FOR US TO COME OUT.

>> THAT'S ACTUALLY THE ORDER, IS THAT YOU GUYS HAVE ADOPTED.

THE ORDER IS AT THE END.

THE EXECUTIVE SESSION IS AT THE END.

THE REPORTS AND PRESENTATIONS AND EXECUTIVE SESSIONS AT THE END OF THE MEETING. WHAT YOU'RE DOING IS TAKING[OVERLAPPING].

>> AS NEEDED. I UNDERSTAND.

>> YEAH. YOU'RE TAKING CARE OF ANY CITIZEN OR EXTERNAL COMMITTEE UNLESS THEY WANT A PARTICULAR REPORT THAT THEY'RE INTERESTED IN LISTENING TO, EVERYTHING ELSE WOULD BE THERE.

NOW, THINK ABOUT THE BUDGET AND EVERYTHING ELSE WE'RE

[01:30:02]

GOING TO PRESENT TO YOU PREDATED BUDGET MEETINGS TO THE BEST OF OUR ABILITY OF WHAT WE BELIEVE THEY WILL BE, WHICH I'VE ALREADY SAID, GIVE US GRACE AND UNDERSTAND THAT THOSE MIGHT FLEX THROUGH THE YEAR IF WE NEED THEM TO.

BUT SO IF YOU'RE THINKING ABOUT THOSE, DON'T PUT THAT INTO CONSIDERATION BECAUSE THAT WON'T BE WHAT WE'LL HAVE.

THIS WILL BE NORMAL COURSE OF BUSINESS THAT WE WOULD BE DOING IN REPORTS AND PRESENTATIONS ON.

>> I'M LIKE THE MAYOR, WE'RE OPEN, AND [INAUDIBLE] WE CAN DO IT AT ANY TIME.

BUT ONE THING WE NEED TO CONSIDER AND NOT FORGET IS THAT CITIZENS ARE INVOLVED IN STEPS INVOLVED ALSO, AND WE DON'T WANT TO CREATE AN ENVIRONMENT WHERE THEY'RE UP HERE EVERY NIGHT, ALL NIGHT.

>> WELL, OPTION 1.

>> I LOVE THAT IDEA TOO, BUT I UNDERSTAND.

>> I LOVE THE IDEA.

IT ISN'T FAIR TO ANYONE POTENTIALLY SERVING IN THE FUTURE TO FEEL LIKE THERE'S NOT OPPORTUNITY FOR THEM TO SERVE IN THIS CAPACITY BECAUSE OF THE LIMITATIONS OF THAT.

AUTOMATIC, EVERY SINGLE MONTH YOU KNOW YOU HAVE TO TAKE A VACATION DAY, OR YOU KNOW YOU HAVE TO COORDINATE WITH YOUR WORK THAT YOU WON'T BE THERE.

BUT I LIKED IT FOR SURE BECAUSE I CAN TAKE MY KIDS TO SCHOOL AND I COULD BE HERE ALL DAY.

>> I AGREE WITH THAT. I RELUCTANTLY AGREE BECAUSE I LOVE THE IDEA OF HAVING MORNING MEETINGS BECAUSE I'M AT A POINT IN MY CAREER WHERE MY WORK TIME IS ABOUT DISCRETION, I WANT TO MAKE IT.

BUT THERE HAVE BEEN TIMES WHEN IT WASN'T, AND I WOULD NOT HAVE BEEN ABLE TO SERVE ON A COUNCIL THAT MET DURING WORKING HOURS.

BECAUSE RECENTLY IS PROBABLY 20 YEARS AGO, BUT MY TIME'S CHANGED SINCE THEN, MAYBE EVEN 15, BUT I THINK IN ORDER TO KEEP THE COUNCIL DIVERSE AND NOT BECOME OVERLOADED WITH OLD, RETIRED GUYS THAT CAN DO WHATEVER THEY WANT TO DO WITH THE COURSE TODAY, I THINK WE CAN'T DO A DAILY DURING THE WORKDAY MEETING.

AND ESPECIALLY WHAT VICTORIA POINTS OUT, FEMALE OR MALE COUNCIL MEMBER WITH CHILDREN THAT THEY HAVE TO MAKE SURE ARE PROVIDED FOR AFTER SCHOOL AT FOUR O'CLOCK HOUR IS GOING TO BE REALLY TOUGH.

I UNDERSTAND THAT, AND I THINK ONCE AGAIN WITH A MINDSET OF CREATING A JOB THAT CAN BE DONE BY JUST ABOUT ANYBODY IN THE COMMUNITY, WHICH IS WHAT WE WANT THIS TO BE, I THINK WE HAVE TO STAY.

>> SO I WILL SAY THAT.

SO WHEN YOU'RE SPEAKING LIKE THAT, AND I AGREE WITH YOU 100 PERCENT THAT THAT LINKS SOME PEOPLE THAT MAYBE SERVE IN THE FUTURE.

SO WE HAVE HAD A PREVIOUS COUNCIL MEMBER JUST RECENTLY WHO 5:30 WAS HARD BECAUSE THEY WORK IN FORT WORTH, AND THEY'RE TRYING TO GET TO BURLESON BY 5:30.

THERE'S ALSO THAT TO CONSIDER, THAT YOU COULD HAVE SOMEBODY THINKING ABOUT RUNNING FOR CITY COUNCIL THINKING AT 5:30, THEN TWICE A MONTH, I WILL HAVE TO TAKE AN HOUR OFF EARLY BECAUSE SOMETIMES YOU CAN'T.

THAT TRAFFIC, EVEN IF YOU WORKED IN FORT WORTH 15 MILES FROM HERE, WHEN YOU'RE COMING INTO TOWN.

I KNOW SOME PEOPLE THAT LIVE HERE IN BURLESON AND WORK IN FORT WORTH, AND SOMETIMES THEY GET HERE AT 5:35 SOMETIMES 5:45, DEPENDING ON WHAT THE TRAFFIC DOES.

>> LIKE YOU'VE SAID, THIS IS SOMETHING WE CAN REVISIT AS COUNCIL AND TURNS OVER CHANGES AS LIFESTYLE CHANGES.

IT'S SOMETHING THAT ANY ONE OF US COULD ASK TO BE ON THE AGENDA AGAIN AND WE CAN VISIT IT, BUT AS OF RIGHT NOW, I THINK WHAT WORKS FOR THOSE SERVING IN THIS CAPACITY NOW?

>> DO YOU THINK OPTION 3 IS THE BEST ONE THEN?

>> OPTION 3, THAT WOULD BE MY BEST OF THE FEEDBACK THAT'S BEEN SHARED.

ANYONE ELSE WANT TO WEIGH IN? I KNOW WE HAVE THE OTHERS THAT HAVEN'T WEIGHED IN AND RETIRED AS WELL AND ARE FLEXIBLE.

>> I THINK THREE IS THE BEST ONE.

I'M JUST THINKING BACK WHEN I WAS TEACHING, I COULDN'T GET HERE IN THE MORNING TIME.

I HAD CLASS I DIDN'T MISS, TAKE A SICK DAY OR SOMETHING ELSE.

BUT THAT'S JUST MY OPINION.

>> AND EVEN FOUR O'CLOCK?

>> YEAH, EVEN FOUR O'CLOCK WAS TOUGH BECAUSE I COACHED BASKETBALL.

>> THUS WE'RE GOING TO SAY FOUR O'CLOCK WOULD HAVE BEEN DIFFICULT FOR YOU TOO.

>> IT WAS TOUGH TOO.

>> WE STILL HAVE FORAY AND IF NEEDED AND IN THE ABILITY TO HAVE FORAY THE FIRST MEETING IF WE NEEDED TO.

WE ALL LIKE IT ALL AT ONE.

>> I WOULD THINK THAT OUR WHOLE THING FOR, I'M SORRY, COMES FROM JOHNSON DO GO AHEAD, THEN I'LL ADDRESS WHAT HE SAID.

>> WELL, THEN IT REMAINS AT TWO.

A LOT OF IT WAS WHAT HAD TO DO WITH SOME VERY LONG MEETINGS.

WHEN WE CHANGED THAT AND WE WENT WITH DISCUSSION, WE WENT ONE MEETING AND THEN WE WENT WITH OUR ACTION ITEMS A SECOND, IT WAS GREAT.

IT WAS REALLY GREAT AND WE SAVED A LOT OF, WELL, I DON'T KNOW, BODIES.

IT WAS TOUGH WHEN WE SET UP PAYROLL TILL ELEVEN O'CLOCK AND THERE WAS A TIME WE WERE HERE AT MIDNIGHT.

[01:35:01]

AS FAR AS OUR MANDATE, I DON'T THINK THAT'S THE THING.

I THINK IT'S THE ORDER IN WHICH WE DO IT, THE DISCUSSION ONE TIME AND THEN OUR ACTION ITEMS THE NEXT.

FOR ME, THAT'S WHAT'S IMPORTANT, THAT WE DON'T DO THEM ALL AT THE SAME TIME.

>> RIGHT.

>> OF COURSE, MAYBE I'M RETIRED, I COME ANYTIME YOU WANT TO, BUT I RESPECT THE REST OF THEM, AND IF IT'S 5:36, I'M OKAY WITH THAT.

JUST AS LONG AS WE DON'T, END UP LIKE WE DID BEFORE AND ALL OF A SUDDEN WE'RE HERE, AT 6:00 I'M OUT.

>> ONE OF THE GOOD THINGS ABOUT HAVING THE REPORTS AND PRESENTATIONS AT THE END OF THE MEETING, IF THE MEETING HAS JUST GONE ON SO LONG THAT NOBODY HAS ANY GAS LEFT IN THEIR TANK.

WE CAN PUT THAT OFF TO THE NEXT MEETING.

>> ABSOLUTELY.

>> AND THAT'S NOT UNPRECEDENTED.

WE'VE HAD TO DO THAT IN THE PAST.

I LIKE RONNIE'S IDEA.

YOU COULD DO PRETTY MUCH WHAT YOU WANT TO WITH YOUR TIME AS LONG AS IT'S OVER BY TEN O'CLOCK.

[LAUGHTER] AND AFTER THAT, YOU'RE GOING TO SLEEP ANYWAY. WE.

>> NEED TO RECORD THE HEART STOP OR NO MEETINGS.

>> WHAT DO YOU MEAN.

>> I'LL JUST SAY 10 O'CLOCK, WE'RE GOING TO START TO SHUT DOWN.

>> THAT IS TOTALLY TO THE COUNCIL'S DISCRETION.

THE PREVIOUS COUNCIL POLICY FROM 1985 SAID THAT THE COUNCIL WOULD NOT TAKE UP ANY NEW BUSINESS THAT HAD NOT ALREADY BEEN STATED TO THE COUNCIL.

IF I HAD ALREADY CALLED SOMETHING FORWARD AND IT WAS 9:45 AND THAT THING LASTED UNTIL 10:30, YOU'RE GOING TO KEEP GOING.

BUT YOU WEREN'T GOING TO GO TO THE NEXT ITEM BECAUSE IT WAS AFTER 10 O'CLOCK.

YOU WEREN'T GOING TO CALL ANY NEW BUSINESS FORWARD FOR THAT COUNCIL MEETING?

>> THE REASON I SAY I HAVE A HARD NUMBER AT THE END IS SO SOMEONE DIDN'T SAY WE'LL YOU JUST DIDN'T LISTEN TO [INAUDIBLE].

WE SET THE RULES TO STOP.

>> THAT'S TOTALLY UP TO THE CITY COUNCIL.

WHEN YOU'RE REVIEWING COUNCIL POLICY 17, THAT'LL BE PART OF WHAT WE CAN REVIEW ON THERE.

NOT JUST THE TIME SINCE.

>> I DON'T WANT ANYBODY TO THINK THAT WE'RE SHORT-CHANGING THEM JUST OUT OF, HOW WE FEEL.

I'D LIKE TO HAVE AN END WHERE WE COULD USE THAT NOW WE'RE NOT DOING THERE.

THIS IS WHEN WE END.

>> I AGREE. I KNOW THAT COUNCIL RUSSELL WAS SAYING, WELL, WE COULD HAVE 4A OR 4B ON THE FIRST MEETING OF THE MONTH IF WE NEED IT TO.

THIS IS WHY I WOULD SAY TO CAUTION AGAINST DOING THAT.

WHEN I LOOKED AT THIS, I ALSO TOOK INTO CONSIDERATION THAT WE WANT TO USE OUR COUNCIL COMMITTEES AND WE WANT THEM TO MEET QUARTERLY.

WHEN YOU'RE TALKING ABOUT THEN MEETING QUARTERLY, NOW YOU'RE ADDING MORE TIME IN FOR US AS STAFF AND FOR Y'ALL TO BE HERE.

WE WANT TO MAKE IT AS STRUCTURED AND AS TIMELINE AS POSSIBLE.

WE WANT TO EFFECTIVELY USE YOUR TIME.

WE DON'T WANT YOU TO HAVE ANY TO COME IN OR WILL THIS MONTH YOU ARE GOING TO COME IN EARLY THIS TIME.

THEN THIS OTHER TIME TOO.

THEN ON WEDNESDAY YOU HAVE A PUBLIC SAFETY AND MUNICIPAL COURT MEETING.

THEN THE FOLLOWING TWO WEEKS FROM THEN YOU'RE GOING TO HAVE A COMMUNITY SERVICES MEETING.

THAT'S WHY I WANT YOU GUYS TO RECOGNIZE THAT THIS IS ALL TAKEN INTO CONSIDERATION, ALL OF THOSE.

THEN IT IS ALSO TAKEN INTO CONSIDERATION THAT THE BUDGET TAX RATE, SO THOSE ARE ALL LISTED THERE AND YOU'LL SEE WHERE THEY HAVE SPECIAL MEETINGS.

THEN I DID SAY THESE DATES ARE WHAT WE STRIVE TO ACCOMPLISH.

HOWEVER, THEY COULD CHANGE IN ADDITIONAL MEETINGS NEEDED.

I JUST WANT YOU TO KNOW THAT.

WHEN I DID THE 2024 CALENDAR, I'M TAKING ALL THIS INTO CONSIDERATION, SO I'M GOING TO SHOW YOU RIGHT NOW THE CALENDAR.

I GOT IT. IF YOU LOOK, THIS IS JUST AN EXAMPLE OF WHAT JANUARY WOULD LOOK LIKE.

REPLACE 930 WITH 530.

NOW WE WOULD DO THAT. BUT IF YOU LOOK AT THAT, I ALSO INCORPORATED CITY HOLIDAYS AND THE POSTING DAYS ARE THE DAYS THAT STAFF HAS TO POST THESE AGENDAS IN ORDER TO GET THE LEGAL REQUIREMENTS IN THERE OF POSTING 72 HOURS AHEAD OF TIME, AND THEN ALSO TO GIVE YOU GUYS TIME TO REVIEW ALL OF THE MATERIAL THAT WE GIVE YOU.

IF YOU'LL LOOK AT THAT JANUARY, FOR EXAMPLE, YOU'RE GOING TO HAVE A COUNCIL MEETING, THEN YOU'RE GOING TO HAVE TWO COMMITTEES THAT ARE GOING TO MEET AND I HAVEN'T DETERMINED WHICH ONES.

I'M NOT SURE HOW WE'RE GOING TO DO THAT.

ON THE TENTH AND THEN YOU'RE GOING TO COME BACK, HAVE A HOLIDAY, THEN YOU'RE GOING TO MEET ON THE 22ND AND THEN THE 24, TWO MORE COMMITTEES ARE GOING TO BE MEETING.

IN-BETWEEN THERE YOU'LL NOTICE THAT EVERY OTHER WEDNESDAY STAFF IS PUTTING TOGETHER AN AGENDA AND POSTING AN AGENDA.

THAT MEANS GETTING ALL THE MEMOS TOGETHER, THE POWERPOINT PRESENTATIONS AND EVERYTHING ELSE.

THAT'S WHY WE WANT TO MAKE SURE THAT WE DEFINE 4A AND 4B ONCE A MONTH.

THAT'S GOING TO BE EVERY MONTH.

BUT IT'S GOING TO BE THE SECOND MEETING OF THE MONTH.

[01:40:02]

AS ALWAYS, UNLESS THERE IS SOMETHING THAT IS SO TIME-SENSITIVE, BUT WE DON'T WANT THE ONE-OFF WHERE WE HAVE YOU COME IN AND MEET FOR 10 MINUTES OR FIVE-MINUTES.

THEN YOUR MEETING AGAIN TWO WEEKS AGAIN, IT'S ANOTHER FIVE OR 10 MINUTES.

THEN YOU'RE COMING IN 30 MINUTES BEFORE OR AN HOUR BEFORE.

NOW, SOME OF THESE ARE GOING TO BE AN HOUR BEFORE THE ACTUAL MEETING STARTS.

WE WANTED TO BE MINDFUL OF STAFF TIME AND OF COUNSEL TIME.

I DON'T KNOW IF TOMMY HAS SOMETHING. [OVERLAPPING]

>> [INAUDIBLE] FLEXIBILITIES THERE IF YOU HAD TO CALL IT THAN WE DID IT, BUT OTHERWISE THIS IS FINE.

>> I THINK THE ONLY THING THAT I WOULD ADD IS JUST THERE IS GOING TO BE THE ONE-OFFS.

JUST KNOWING THAT AND WE'LL TRY TO BE SPARING IN OUR USE OF IT, BUT WE DON'T WANT TO MISS OUT ON BUSINESS OR MISS OPPORTUNITIES BECAUSE OF A TOO RIGID OF A SCHEDULE.

>> THAT'S WHAT I WAS GOING TO BE CONCERNED ABOUT IS I DON'T WANT TO DELAY ANY DECISION-MAKING THAT'S IMPERATIVE TO SOMETHING COMING TO TOWN OR SOMEBODY THAT'S WAITING ON A RESPONSE FROM US, I WOULDN'T WANT TO HOLD UP BUSINESS.

BUT HAVING A STANDARDIZED SCHEDULE IS IMPORTANT.

I LOVE STRUCTURE.

I THRIVE ON IT.

I'M THRILLED TO SEE THIS CALENDAR JUST HAVING THE STABILITY OF THE STRUCTURE, KNOWING WHAT IS EXPECTED OF US AS WELL, OUR TIME COMMITMENTS HERE AND FOR THE FUTURE MEETINGS.

>> IF YOU'LL NOTICE IN THE CALENDAR, I ALSO BUILT IN SOME CONFERENCES THAT WE TYPICALLY GO TO OR A MAJORITY OF THE COUNCIL GOES TO SO THAT YOU CAN SEE WHERE THOSE ALL LAY IN ON THOSE.

THEN I PUT IN HERE.

FOR A SPECIAL SESSION THAT WE'RE GOING TO GO HEAD AND SAY IS GOING TO BE APRIL 26TH.

THAT'S FOR THE BUDGET.

BUT I WANT YOU TO NOTICE THERE'S EARLY VOTING GOING ON DURING THAT SAME TIME.

AGAIN, THERE'S FOUR OTHER COMMITTEES THAT ARE GOING TO MEET THAT MONTH AND THEN ALL THE OTHER MEETINGS WE HAVE.

I DID WANT TO POINT OUT THAT TOMMY AND I TALKED ABOUT THIS, ABOUT BUILDING IN SOME SUMMERTIME, NOT TAKING A WHOLE MONTH, NOT SAYING WE'RE NOT READING IN THE MONTH OF JULY BECAUSE THAT'S HOW SOME COUNCILS DO IT AROUND THE STATE.

WHAT WE SAID IS, THE 17TH WE'RE GOING TO MEET ON JUNE 17TH.

THEN THE NEXT MEETING WE WILL HAVE WILL BE JULY, 15TH.

WE'VE GIVEN SOME TIME TO BUILD IN SOME WEEKS IN THERE THAT COUNCIL WE'RE NOT ASKING FOR YOUR TIME.

WE'RE NOT DOING COMMITTEE MEETINGS, WE'RE NOT DOING ANYTHING ELSE.

FOR STAFF, IT HELPS US OUT TOO FOR OUR VACATIONS AND TO KNOW WHEN TO DO THAT AND TO BE MINDFUL OF THAT.

ONE MEETING IN JULY IS GOING TO BE DIFFERENT.

BUT THEN OF COURSE YOU'RE GOING TO HAVE TWO COUNCIL COMMITTEES.

THEN YOU'LL MEET ON JULY 15TH, AND THEN WE'VE BUILT IN SOME MORE TIME, AND SO AUGUST 5TH WILL BE YOUR NEXT MEETING.

WE'VE BUILT IN VARIOUS TIMES IN THE SUMMER TO TRY TO TAKE SOME TIME OFF, AND THEN NOT PUT US BEHIND THE EIGHT BALL BECAUSE ONCE WE GET INTO AUGUST, WE HAVE TO BE MINDFUL OF OUR BUDGET AND WHAT WE'RE GOING TO BE DOING FOR THE BUDGET.

>> IS IT GOING TO MESS UP YOUR PLAN TO MOVE THAT JULY MEETING UP A WEEK TO THE EIGHTH.

DOES THAT STILL MEET THE GOALS YOU'RE TRYING TO ACHIEVE TO GIVE STAFF?

>> WE'LL MAKE WHATEVER WORK THAT COUNCIL WANTS US TO MAKE WORK.

THIS JUST INLAID AT LEAST TWO SOLID WEEKS WHERE WE COULD TAKE OFF OR STAFF COULD TAKE OFF BECAUSE ONCE YOU MOVE IT UP TO THE EIGHTH, WELL, OTHER THING YOU'LL NOTICE THAT ON THE EIGHTH, THE WEEK BEFORE THE EIGHTH, WHICH IS WHEN WE WOULD HAVE TO BE POSTING ON THE 3RD OF JULY, WHEN FOURTH OF JULY IS THAT NEXT DAY.

WE WERE TRYING TO GIVE A WEEK WHERE STAFF COULD AND ALSO COUNSEL.

WE WEREN'T LOOKING AT TRYING TO DO SOMETHING THERE.

BECAUSE STAFF WILL BE HAVING TO PUT IN ALL OF THEIR AGENDA STUFF.

>> WHAT ARE YOUR [INAUDIBLE]?

>> THIRD THURSDAY OF EVERY MONTH.

>> THURSDAYS?

>> THURSDAYS.

>> OKAY. [INAUDIBLE]

>> NOW THE COUNCIL COMMITTEES WE HAVE NOT SET A TIME FOR COUNCIL COMMITTEES.

WE CAN MEET AT ANYTIME WITH COUNCIL COMMITTEES.

THEY CAN BE IN THE MORNING, THEY CAN BE IN THE AFTERNOON OR THEY CAN BE IN THE EVENING.

THOSE ARE JUST DATES THAT WE'RE SETTING ASIDE TO LET YOU GUYS KNOW WE'RE GOING TO NEED YOUR TIME AND WE HAVEN'T SET WHICH COUNCIL COMMITTEES ARE GOING TO MEET.

WE'LL START A ROTATION AND THEN WE'LL LET YOU KNOW WHAT THAT ROTATION IS.

WE'RE JUST TRYING TO GET IS THIS SOMETHING YOU GUYS CAN DO.

BEING MINDFUL ALSO, THE JOBS THEN COUNCIL COMMITTEES, LIKE I SAID, DO NOT HAVE TO MEET DURING THE DAY.

[01:45:01]

THEY CAN MEET IN THE EVENING.

THE FINANCE COMMITTEE USED TO MEET AT 07:00 A.M.

THEY MET 7:00-8:00.

REMEMBER WE'D HAVE BREAKFAST AND GET THERE.

I WAS GRUMPY ALL THE TIME.

[LAUGHTER] ON THE COUNCIL COMMITTEES, JUST REMEMBER THAT YOUR FELLOW COUNCIL MEMBERS ARE GOING TO WORK WITH YOU AND STAFF IS GOING TO WORK WITH YOU SO THESE ARE DATES, NOT TIMES.

THE ONLY TIME THAT I'M ASKING YOU FOR IS THAT COUNCIL MEETINGS.

JUST GO THROUGH THAT AND SO WE'VE GOT THOSE AND THEN THERE'S ANOTHER SPECIAL MEETING THERE IN SEPTEMBER FOR THE BUDGET AND THEN WE'LL COME THROUGH HERE.

TML IS THAT WEEK SO I'VE PUT ON THERE.

THAT'S ALSO HELPFUL FOR STAFF BECAUSE THERE'S NO POSTING ON THE 9TH, WHICH MEANS THAT WE WON'T HAVE TO DO A STAFF THERE EITHER.

THEN NOVEMBER, WE TYPICALLY HAVE ONE MEETING IN NOVEMBER, BUT WE'RE GOING TO HAVE TWO MEETINGS IN NOVEMBER BECAUSE WE NORMALLY SCHEDULE ONE AND WE ALWAYS WIND UP HAVING TWO AND TWO IN DECEMBER.

I'M HOPING THAT MAYBE WITH PREEMPTING THAT AND DOING TWO SCHEDULED IN NOVEMBER, THEN MAYBE WE WON'T HAVE TO HAVE TWO IN DECEMBER AND JUST KEEP THE ONE IN DECEMBER AND THEN THE CITY HOLIDAYS IN THERE.

AGAIN, THIS IS JUST BEFORE YOU ON DISCUSSION.

IF THIS IS THE GENERAL DIRECTION, I KNOW THAT WE'RE GOING TO GO WITH OPTION 3.

I THINK I HEAR 5:30 IS WHAT WE WANT TO DO.

IN OPTION 3 AND REPORTS AT THE END AND EXECUTIVE SESSION REMAINING AT THE END.

>> I THINK YOU'VE PUT THE AGENDA PRETTY EFFICIENTLY RIGHT NOW.

I MEAN, I THINK WE CAN STILL GET OUT OF HERE BY REASONABLE TIME, NOT TRYING TO JINX IT, BUT WE'LL DO REMOVE A LOT OF STUFF CAN TO CONSENT THAT I THINK USED TO PROBABLY BOG IT DOWN.

>> I'M GOOD WITH IT. REALLY AN OPTION FOR YOU GUYS.

[BACKGROUND].

>> I'M SORRY.

>> CAN WE DO THE 12TH? THAT'S A FRIDAY.

>> WE AS STAFF WE'LL MEET YOU ANY DAY OF THE WEEK YOU WANT US TO.

>> YOU'D HAVE TO MAKE YOUR POSTING BACK TO TUESDAY. IS THAT RIGHT? MOVES IT BACK A DAY BECAUSE REALLY YOU'RE POSTING DAY, YOU'RE ACTUALLY BEYOND WHAT THE LAW ALLOWS.

IS IT BECAUSE YOU'RE ACTUALLY DOING IT WELL IN ADVANCE.

>> ACCORDING TO COUNSEL ON POLICY.

>> MY PART, IF IT'S ON THE 12TH, DIDN'T MAKE ANY DIFFERENCE.

THAT'S THE WHOLE WEEK BECAUSE I TYPICALLY AM OFF THE SECOND, THIRD, AND END OF THE FOURTH WEEK. THERE IS ONE.

>> EIGHTH THROUGH THE 19TH.

>> MY VACATION, I HAVE TWO PARTNERS THAT ALSO TAKE VACATIONS.

WE GOT TO THIS THINK ON BOTH INTERTWINED.

ODDS ARE I WILL NOT BE HERE ON JULY 15TH.

>> I THINK I COULD MEET WITH.

>> IT'S NOT ABOUT ME, BUT I'M JUST SAYING.

>> ON THE SECOND MEET WITH THE CITY MANAGER AND MAYBE WE COULD MOVE IT TO THE 22ND.

INSTEAD OF MOVING IT UP, I WANT TO BE SUPER MINDFUL OF NOT YOU-ALL'S TIME, BUT ALSO STAFF TIME.

WHEN WE TALK ABOUT THAT WEEK OF JULY 4, LET US NOT THINK ABOUT WORK FOR THAT WEEK IF WE WANTED TO.

>> I'M PRETTY SURE THE CITY IS NOT GOING TO CRUMBLE IF I'M NOT HERE FOR A MINUTE.

>> [LAUGHTER] WELL, WE CAN LOOK AT MOVING THEM 15TH TO THE 22ND FOR YOU.

THAT WOULD BE OKAY, IF THE REST OF THE COUNCIL MEMBERS ARE OKAY WITH THAT TIME FRAME.

>> I THINK JUST AS MUCH FOR STAFF IS ALL OF US AND WE'D LIKE TO BE ABLE TO SCHEDULE TIME AWAY TOO AND SO I APPRECIATE THE CONCEPT OF JUST LIMITING IT TO ONE MEETING SO WE CAN TRY OUR BEST.

IT'S NOT ALWAYS GOING TO WORK OUT.

SOMETIMES IT'S JUST FLIGHTS OR WHATEVER IS AVAILABLE IS WHAT DICTATES WHEN YOU CAN, BUT GIVING SOME CUSHION SO THAT STAFF AND COUNCIL MEMBERS AND ANYONE INVOLVED WITH THIS PROCESS IS ABLE TO TAKE SOME TIME TO BREATHE AND ENJOY FAMILY TIME AND JUST TIME AWAY FROM THIS JOB.

>> I AGREE. IS THERE ANYTHING ELSE?

>> CAN I INTERJECT ONE THING.

[OVERLAPPING].

>> NO.

>> I'M GOING TO ANYWAYS. WE TALKED ABOUT END TIMES ON MEETINGS.

WE REALLY DON'T WANT TO DO THAT FOR OPEN MEETINGS PURPOSES.

IF YOU HAVE A START TIME, YOU CAN DELAY IT.

IF YOU LISTEN TO IN TIME ON AN AGENDA, YOU'VE GOT TO END AT THAT POINT.

THERE MAY BE SITUATIONS THAT COME UP, BUT WE DON'T ANTICIPATE THINGS HAPPENING.

THE MEETING DOESN'T FLOW LIKE WE THINK, FOR EXAMPLE, IF 35 WAS BACKED UP OR 174 WAS,

[01:50:01]

WE JUST HAD CRAZY TRAFFIC AND WE COULDN'T GET A QUORUM TOGETHER AND WE'RE THREE HOURS LATE INTO THE MEETING.

WE HAVE AN END TIME SCHEDULED.

WE'RE BOUND BY THAT END TIME AND IT MAY PUT US IN A PICKLE.

I WOULD NOT EVER REALLY LISTENED IN TIME OR ANYTHING LIKE THAT.

>> I WAS IN THE MIDDLE OF A PRESENTATION.

YOU COULDN'T FINISH THE PRESENTATION AND THEN.

>> YEAH, EXACTLY RIGHT. I MEAN, IF YOU LIST 10 O'CLOCK AS A STOP TIME, WE'RE STOPPING AT 10 O'CLOCK. STORE IS CLOSED.

>> WHAT IF WE LISTED IT AS NOT TAKEN UP NEW ITEMS AFTER 10:00? ANY ITEM THAT HAS NOT BEEN CALLED FORWARD?

>> I WOULD AVOID ANYTHING.

I THINK YOU CAN BE VAGUE AND SAY THAT WE TRY TO BE JUDICIOUS WITH TIME AS MUCH AS POSSIBLE IN ORDER TO GET PEOPLE OUT AT A REASONABLE HOUR.

I THINK SOMETHING LIKE THAT IS FINE, BUT I WOULD NOT LIST A TIME WHATSOEVER.

>> YOU MIGHT ALSO RUN INTO ISSUES WITH PUBLIC HEARINGS AND THE NOTICE IS THAT YOU'VE PROVIDED TO ALL YOUR PEOPLE WITHIN 200 FEET, THEN ALL OF A SUDDEN YOU'RE NOT ABLE TO HAVE THAT AND YOU'RE GOING TO HAVE TO RE-NOTICE AND ADD A WHOLE BUNCH OF ADDITIONAL EXPENSE.

THAT'S ANOTHER CONSIDERATION FOR.

>> IF WE CAN, IT'S OKAY.

>> I ALSO THINK BY MOVING REPORTS BACK TO THE END, IF WE'RE RUNNING ALONG AND ALL OF OUR BRAIN CAPACITY IS KEPT FOR THAT EVENING, I THINK COMMUNICATING WITH EACH OTHER AND SAYING, MAYOR.

>> WHY DO THAT?

>> CITY MANAGER, CAN WE BUMP THESE LAST TWO REPORT ITEMS TO THE FOLLOWING MEETING OR SOMETHING TO THAT EFFECT SO THAT WE'RE PUTTING OUR BEST FOOT FORWARD WHEN WE'RE SITTING UP HERE.

WE DON'T WANT US ALL DRAGGING.

WE'RE NOT SERVING TO THE BEST OF OUR ABILITY IF WE'RE ON OUR LAST LEG AND OUR EYES ARE HEAVY.

>> YOU REMEMBER EVERYTHING?

>> YOU GOT IT?

>> I THINK SO.

>> I GOT ON VIDEO.

[BACKGROUND]

>> MAYOR AND COUNCIL, THAT BRINGS US TO SECTION 4, CHANGES TO THE POSTED AGENDA.

ITEMS TO BE CONTINUED OR WITHDRAWN OR ANY ITEMS TO BE WITHDRAWN FROM THE CONSENT AGENDA FOR SEPARATE DISCUSSION OR AN ITEM TO BE ADDED TO THE CONSENT AGENDA.

IS THERE ANYBODY IN THE AUDIENCE THAT WOULD LIKE ANYTHING REMOVED FROM THE CONSENT AGENDA? OKAY. THAT MOVES US ON TO SECTION 5, CITIZENS' APPEARANCE.

EACH PERSON IN ATTENDANCE WHO DESIRES TO SPEAK TO THE CITY COUNCIL ON AN ITEM NOT POSTED ON THE AGENDA SHALL SPEAK DURING THIS SESSION.

SPEAKER CARDS MUST BE FILLED OUT AND TURNED INTO THE CITY SECRETARY PRIOR TO ADDRESSING THE CITY COUNCIL, EACH SPEAKER WILL BE ALLOWED THREE MINUTES.

IS THERE ANYBODY IN THE AUDIENCE WHO WOULD LIKE TO ADDRESS THE CITY COUNCIL ON AN ITEM NOT LISTED ON THE AGENDA? I DON'T HAVE ANY SPEAKER CARDS.

ANYBODY? NO. OKAY. THAT'LL MOVE US ON TO SECTION 6, THE CONSENT AGENDA.

[6.CONSENT AGENDA]

ALL ITEMS LISTED BELOW ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE AN ACTIVE WITH ONE MOTION.

THERE WILL BE NO SEPARATE DISCUSSION ON THE ITEMS. APPROVAL OF THE CONSENT AGENDA AUTHORIZES THE CITY MANAGER TO IMPLEMENT EACH ITEM IN ACCORDANCE WITH STAFF RECOMMENDATIONS.

TONIGHT, THE CONSENT AGENDA IS ITEM 6A THROUGH 6O.

>> IS THERE A MOTION ON THE CONSENT AGENDA? I MOVE TO APPROVE.

>> I SECOND.

>> MOTION BY ADAMS SECOND, BUT AM PLEASE VOTE? IS UNANIMOUS.

>> THANK YOU. MAYOR AND COUNCIL.

AT THIS TIME, WE HAVE BEEN MEETING NOW FOR ABOUT TWO HOURS, IF IT'D BE OKAY IF WE CAN TAKE A BREAK TILL 6:20?

>> DO THAT. LET'S TAKE A BREAK TILL 6:20.

THANK YOU. RISE BACK. LET'S GO.

>> MAYOR AND COUNCIL, THAT BRINGS US TO SECTION 7, DEVELOPMENT APPLICATIONS.

7A IS QUIKTRIP AT 5917 WEST FM 917 THIS IS CASE 23-034.

[7.A. QuikTrip at 5917 W FM 917 (Case 23-034): Consider approval of a resolution for variances to Chapter 63, Sign Regulations, relating to sign setbacks, number of signs, and allowance for a pole sign. (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director) (No Planning and Zoning Commission action was required for this item)]

THIS IS TO CONSIDER APPROVAL OF A RESOLUTION FOR VARIANCES TO CHAPTER 63 SIGN REGULATIONS RELATED TO SIGN SETBACKS, NUMBER OF SIGN, AND ALLOWANCES FOR A POLL SIGN.

THIS IS BEFORE CITY COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTER IS TONY MAC WAYNE DIRECTOR OF DEVELOPMENT SERVICES.

MR. MCWANE YOU'RE UP.

>> COUNCIL, AS AMANDA MENTIONED, THIS REQUEST BEFORE YOU IS FOR YOUR CONSIDERATION OF VARIANCES ASSOCIATED WITH SIGNAGE FOR THE PROPOSED QUIKTRIP AT 5917 WEST FM 917.

[01:55:02]

WHAT REGARD TO OUR CODE VERSUS WHAT THE APPLICANT IS LOOKING TO DO? WE REQUIRE SIGNS TO BE SET BACK A MINIMUM OF 10 FEET FROM THE PROPERTY LINE.

A QUIKTRIP IS REQUESTING A VARIANCE TO THAT 10 FOOT SETBACK.

WE ARE ALSO CONSIDERING TONIGHT A VARIANCE TO ALLOW A POLL SIGN IN THIS PART OF THE CITY, AS OPPOSED TO THE TYPICAL PYLONS SIGN POLE SIGNS ARE LIMITED TO THOSE PROPERTIES WITH FURNITURE AND IH 35 OR WITHIN THE NORTH WILTSHIRE, SIGN CORRIDOR DOOR.

SO YOUR SECOND VARIANCE IS CONSIDERATION OF A POLE SOUND AS OPPOSED TO A PYLON SIGN.

NOW, THE POLL SIGN BEING CONTEMPLATED IS A POLE SIGN THAT WILL BE PROPOSED TO BE 75 FEET IN HEIGHT WITH A SIGN FACE EXCEEDING 200 SQUARE FEET.

YOUR THIRD VARIANCE IS THE NUMBER OF SIGNS ON THE PREMISES, WHICH IS A STATIC ONE SIGN PER PREMISES.

WHAT QUIKTRIP IS REQUESTING IS TO HAVE A TOTAL OF THREE SIGNS TO MONUMENT SIZE AND THE AFOREMENTIONED POLE SIGN FOR THIS LOCATION.

THE VARIANCE AGAIN, WE'VE GOT BULLETINS THERE ON THE SCREEN FOR YOU, 292 SQUARE FEET OF SIGN FACE, 75 FEET AND HEIGHTENED LUBA 30-FOOT PYLON SIGN, SETBACK FROM 10 FEET TO ZERO, AND ALLOW A TOTAL OF THREE SIGNS.

A JUSTIFICATION THAT HAS BEEN PROVIDED TO STAFF IS BEFORE YOU IS BASICALLY TO THEIR WORSE, DUE TO THE UNIQUE NATURE OF THE PROPERTY, IT'S A PROXIMITY TO THE TRAVEL CORRIDORS.

THEY THINK THAT THIS WILL ADD AND ENHANCE THEIR ADVERTISEMENT.

WHAT WE HAVE ON THE SCREEN IS JUST SOME OF THE SIGN COVARIANCE CRITERIA WHICH THOSE WHO'D BEEN ON COUNCIL FOR SOME TIME, ASHLEY, AND PLAYING HIS OWN COMMISSIONS.

FOR ME WITH SOME OF THESE CRITERIA THAT WE HAVE IN PLACE.

WITH REGARD TO THE VARIANCES DURING OUR DISCUSSIONS WITH QUIKTRIP, WE'RE NOT OPPOSED AT THE STAFF LEVEL TO THE NUMBER OF SIGNS.

WE'RE NOT OPPOSED TO THE SETBACK BEING WEIGHED FROM 10 FEET.

WERE NOT OPPOSED TO THE SIGN FACE BEING 292 SQUARE FEET.

WE ARE OPPOSED TO 75-FOOT TALL SIGN.

WE THINK IT'S EXCESSIVE GIVING THE LOCATION OF THE PROPERTY AND WHAT WE FEEL AS THE VISUAL IMPACT ALONG THE ADJACENT COMMUNITY.

WITH THAT BEING SAID, QUIKTRIP IS HERE TONIGHT AND THEY HAVE A PRESENTATION THAT THEY WOULD LIKE TO PROVIDE TO YOU AS JUSTIFICATION FOR THE SAND VARIANCE.

I'LL LEAVE IT UP TO YOU IF YOU WOULD LIKE TO ENTERTAIN THAT.

I'M ALSO OPEN TO ANY QUESTIONS THAT YOU HAVE REGARDING THE REQUESTS BEFORE YOU TONIGHT.

WOULD YOU ALL LIKE TO HEAR THE RECEIVED THE PRESENTATION REAL QUIKTRIP?

>> IT'S BRIAN CLARK, CORRECT?

>> GOOD EVENING. MY NAME IS BRIAN CLARK, 8,703 PORT PARKWAY, SWEET 115, IRVING, TEXAS.

APPRECIATE YOU ALL TAKING THE TIME TO HEAR MY PRESENTATION AS SOON AS TONY GETS IT UP AND I PROMISE IT WON'T BE OVER 10 MINUTES.

I LIKE BULLET POINTS [LAUGHTER]. I LIKE BULLET POINTS.

I'M JUST TALKING ABOUT IT IN TERMS OF THE 75-FOOT SIGN.

IT MAY SEEM EXCESSIVE, BUT I THINK THE POWERPOINT PRESENTATION WILL SHOW YOU SOME OF THE HARDSHIPS THAT WE HAVE WITH THIS PARTICULAR PLOT OF LAND IN RELATION TO CHISHOLM TRAIL, WHICH IS GOING TO BE THE MAIN TRAVEL CORRIDOR WHERE WE'RE TRYING TO PULL OUR CUSTOMERS FROM.

WE'RE REQUESTING A VARIANCE FOR A 75-FOOT POLE SIGN WITH 292 SQUARE FOOT OF AREA,30 FEET IS NOT VISIBLE DUE TO TREELINE AND CURVATURE OF THE ROAD, WHICH IS SOMETHING THAT WOULD BE SIMILAR TO WHAT YOU'D SEE IN THE OTHER CORRIDORS, 75 FOOT IS VISIBLE BOTH NORTHBOUND AND SOUTHBOUND ON CHISHOLM TRAIL BEFORE THE EXIT, WHICH WOULD ALLOW FOR DRIVERS TO MAKE SAFE TURNING MOVEMENTS.

THAT'S WHY WE WENT WITH THAT HEIGHT AND WE'LL SHOW WHY WE WENT WITH THAT HEIGHT AS WELL.

THERE ARE NO TRAILBLAZERS SIGNS ALONG CHISHOLM TRAIL, WHICH IS WHAT TELLS YOU WHAT FACILITIES ARE GOING TO BE COMING UP AT THAT EXIT.

[02:00:03]

WE REALLY WON'T HAVE A PRESENCE ON CHISHOLM TRAIL, WHICH IS THE MAIN TRAVELED CORRIDOR WE'RE TRYING TO GET OUR CUSTOMERS FROM WITHOUT THIS POLE SIGN.

NORMALLY ARE A BUILDING OR A CANOPY CAN BE VIEWED AS ANOTHER SIGN ESSENTIALLY WITH OUR BRAND.

BUT IN THIS CASE, NEITHER WOULD BE VISIBLE FROM CHISHOLM TRAIL AND ESPECIALLY NOT BEFORE AND EXIT.

THIS IS A RENDERING OF A 30-FOOT SIGN ALONG THE GOOGLE EARTH GOING NORTHBOUND.

AS YOU CAN SEE, IT'D BE BURIED BEHIND THE TREE LINE, NOT VISIBLE AT ALL.

THIS WILL SHOW THE SAME THING GOING SOUTHBOUND ON CHISHOLM TRAIL, WHICH ALSO SHOWS HOW TO BE BEHIND THE TREE LINE AND BEHIND SIGNAGE.

HERE WE DID AN ACTUAL SIGN RIGHT AT 75 FOOT.

YOU CAN SEE IN-BETWEEN THE TWO SIGNS THERE AND THE TREELINE, THAT'S WHERE OUR ASSIGNED WOULD SHOW FROM CHISHOLM TRAIL BEFORE THE EXIT.

THAT WOULD ALLOW THE DRIVERS TO MAKE THAT EXIT AND COME TO OUR LOCATION.

I THINK THIS IS PROBABLY THE BEST REPRESENTATION OF WHAT WE'RE UP AGAINST IN THIS PARTICULAR SCENARIO HERE, WHERE ALL THE RED ARE TREES THAT WOULD BLOCK VISION TO OUR SIGN.

THAT'S WHY YOU CAN'T SEE IT AT 30 FOOT.

THEN THIS IS A REPRESENTATION OF SHOWING 30-FOOT SIGN FROM CHISHOLM TRAIL RIGHT AT THE EXIT.

AS YOU CAN SEE, IT'S BLOCKED BEHIND THE INITIAL TREELINE AND THEN ALSO SOME TALLER TREES BEHIND IT.

WHEN WE RAISE IT TO 75 FOOT BEFORE THEY EXIT, THE SIGN IS VISIBLE AND YOU'D BE ABLE TO SEE OUR PRICES, WHICH IS ONE OF THE MOST IMPORTANT THINGS FOR OUR BUSINESSES, LETTING THE CUSTOMER KNOW WHAT THE PRICE OF OUR GAS IS, SO THEY'LL DECIDE TO SHOP WITH US INSTEAD OF GOING SOMEWHERE ELSE.

THIS WOULD BE THE SOUTHBOUND EXHIBIT SHOWING THAT WE DO HAVE A LITTLE BIT OF TREELINE THERE AS WELL AS SOME BUILDINGS IN THE WAY THAT WOULD BLOCK AT 30-FOOT.

ONCE AGAIN, WE ARE VISIBLE BEFORE THEY EXIT, ALLOWING DRIVERS TO MAKE SAFE TURNING MOVEMENTS AND ALLOW FOR VISIBILITY TO OUR PRICE AND OUR LOGO.

WE'RE REQUESTING APPROVAL FOR THE POLL SIGN AS PROPOSED IN APPLICATION.

HERE'S A REPRESENTATION OF WHAT THE SIGN WOULD BE, 292 SQUARE FOOT OF AREA WITH THE PRICE OR BELOW IT.

LIKE I SAID, PRICING IS PROBABLY THE MOST COMPETITIVE THING IN OUR INDUSTRY AND REALLY IS WHAT BRINGS CUSTOMERS TO US.

I WORKED FOR THE STORES IN A LONG TIME AND IF WE WERE EVEN A COUPLE OF PENNIES CHEAPER THAN THE NEXT GUY WHERE A WAVE IS YOUR THAT DAY COMPARED TO ANY OTHER DAY, JUST BECAUSE CUSTOMERS ARE SAVVY, EVERYBODY'S TRYING TO SAVE MONEY RIGHT NOW.

GAS PRICE IS A BIG DEAL FOR US AND THAT'S WHY WE WANT TO HAVE THAT NICE TALL SIGN, 75 FOOT TO GET VISIBILITY AT CHISHOLM TRAIL, WHICH IS OUR MAIN TRAVELED CORRIDOR. THANK YOU.

>> IS THERE ANY COMPROMISE ON THIS DIMENSION?

>> ON THE 292 SQUARE FOOT OR THE 75?

>> SEVENTY FIVE.

>> WE MIGHT BE ABLE TO DROP IT BY 10 FEET BASED OFF OF OUR EXHIBIT.

BUT ANYTHING BELOW THAT WOULD BE BELOW THAT TREE LINE.

WHAT WOULD YOU FEEL MORE COMFORTABLE WITH IN TERMS [OVERLAPPING]

>> I HAVE A NUMBER. WE HAVE CITIZENS WHO IS NOT REAL HAPPY ABOUT 75 FOOT TIME.

>> WE'RE WALK INTO A LINE HERE TO HELP THEM OUT.

>> TRAILBLAZERS SIGNS, ARE THEY JUST NOT ALLOWED ON CHISHOLM TRAIL PARKWAY?

>> THERE'S JUST NOT INSTALLED. I DON'T THINK THAT THEY'RE ALLOWED ONTO THEM DRILL.

I JUST THINK THAT'S SOMETHING THAT IS ALONG THAT CORRIDOR WHERE THEY DIDN'T PROVIDE TRAILBLAZERS.

>> PROBABLY BECAUSE IT WAS A ROAD IN THE MIDDLE OF NOWHERE.

>> THAT IS WHAT I WAS GOING TO SAY.

>> NOW THAT THERE'S DEVELOPMENT, IT'S POSSIBLE THAT YOU COULD GET A TRAILBLAZER SIGN THERE.

I WOULDN'T HAVE SEEN HIM ON OTHER TOLL ROADS, SO NO.

>> I THINK THAT'S SOMETHING THAT YOU COULD FOLLOW UP WITH TEXTS DOT AND IN TTA AND ASK WHAT THEIR INTENTIONS ARE WITH THAT ADDITIONAL SIGNS BECAUSE THAT'S NOT GOING TO JUST COME UP TONIGHT.

IT'S GOING TO COME UP WITH MANY DEVELOPMENTS ALONG ONE-121 IN OUR CITY LIMITS.

I WOULD THINK THAT THAT'S A REASONABLE QUESTION TO FIND OUT.

>> NO. I ABSOLUTELY AGREE WITH YOU ABOUT IF WE'RE ABLE TO GET TRAILBLAZERS, WE WILL GET TRAILBLAZERS, BUT WE WOULD STILL REQUEST TO SIGN IN TERMS OF HAVING THE PRICE AVAILABLE TO THE CUSTOMER TO LET THEM KNOW OUR COMPETITIVE OFFER.

>> I KNOW WHEN I TRAVEL OR DRIVE AROUND, WE USE THE GAS BUDDY APP TO FIGURE OUT WHAT THE PRICE IS FOR LOCAL GASES.

HAVE YOU DONE ANY RESEARCH TO SEE IF THE TREND IS GOING TOWARDS THE APP FROM THE SINE OR IS ASSIGNED STILL VALID?

>> NO, THE SCIENCE ABSOLUTELY IS STILL VALID JUST BECAUSE IT DOES CREATE A PRESENCE ALONG THE HIGHWAY.

IT DOES GET THAT MAYBE THEY WEREN'T NECESSARILY PLANNING ON STOPPING FOR GAS.

BUT WHEN YOU SEE THE PRICE THAT MIGHT MAKE YOU CHANGE YOUR MIND AND STOP A LITTLE BIT SOONER THAN YOU THOUGHT.

>> I HAVE HAD OCCASIONS IN THE PAST TO ACTUALLY SUPPORT AN INCREASED HEIGHT AND SIZE OF

[02:05:01]

SIGN ON A NEW SERVICE STATION SILHOUETTED OPENED UP ON INTERSTATE 35, AND MY LINE OF REASONING IS THAT IF I'M A TRAVELER GOING FROM CITY TO CITY OR ACROSS THE STATE OR WHEREVER I'M GOING AND I NEED THE SERVICES.

IT'S NICE TO BE ABLE TO HAVE A VISUAL SIGN THAT I CAN SEE FROM THE HIGHWAY WHEN I'M NEEDING TO LOOK FOR FUEL AND LET ME SAY OFF THE OUTSET, QT IS MY BRAND.

I LOVE QUIKTRIP STORES.

I'M YOUR REGULAR CUSTOMER.

I THINK YOU-ALL DO EXCELLENT JOB.

I'M REALLY GLAD THAT YOU'RE BRINGING IN ANOTHER STORE HERE, BARRELS, AND I BELIEVE THAT MAKES US THREE.

I THINK THAT'S ABSOLUTELY WONDERFUL.

BUT THE LINE OF REASONING THAT I'M AN INTERSTATE OR INTER CITY TRAVELED ARE LOOKING FOR AN ODD PLACE TO FILL MY CAR APP DOESN'T REALLY HOLD UP ON THE CHISHOLM TRAIL PARKWAY.

I THINK THE TRAFFIC ON CHISHOLM TRAIL PARKWAY IS GOING TO BE COMMUTER TRAFFIC AND NOT CROSS-COUNTRY TRAFFIC.

I THINK THOSE CUSTOMERS OR POTENTIAL CUSTOMERS ARE GOING TO BE COME PRETTY QUICKLY AWARE THAT YOU ARE THERE.

I DON'T KNOW THAT THE SIGN IN MY MIND IS IMPORTANT ENOUGH FOR US TO BEND THE RULES ON YOUR BEHALF IN ORDER TO GET THAT IN PLACE FOR YOU.

IN OTHER CIRCUMSTANCES, I'M NOT SUPPORTED, BUT IN DAYS I PERSONALLY DON'T THINK IT'S APPROPRIATE FOR THIS LOCATION.

>> NO. I AGREE WITH YOU IN TERMS OF THE COMMUTER TRAFFIC AND IT WILL BE PEOPLE TRAVELING DAY-TO-DAY AND THEY'LL EVENTUALLY ESTABLISH A ROUTE THAT'S THERE.

BUT WE'RE STILL TRYING TO GET THE PEOPLE THAT ARE TRAVELING ALONG TO HIM TRAIL THAT HAVEN'T BEEN ON THERE BEFORE, TRY AND GET THE PRICE INFORMATION TO THEM.

THAT WAY THEY'LL MAKE US THEIR KNEE STOP AND SHOW THEM THAT WE'RE COMPETITIVE.

>> I'D LIKE TO HELP YOU ANY WAY I CAN.

I KNOW THIS SITE WAS DIFFICULT FOR YOU ALL I CAN TELL FROM YOUR SITE PLAN, IT STILL IS A LITTLE BIT THAT THE THINGS LIKE HAVING TO INSTALL ALL THAT UNDERGROUND STORMWATER STORAGE IS NOT CHEAP.

RUNNING A OFFSITE SEWER LINE AND HALF DARN MILE TO GET TO THE NEXT POINT.

YOU HAVE MY SYMPATHIES, BUT I CAN'T SUPPORT THE SIGN. I DO.

>> I AGREE. I THINK ALSO GIVEN THE GROWTH THAT IS EXPECTED TO HAPPEN IN THAT DIRECTION, THIS WOULD ALMOST BE SETTING A PRECEDENCE.

THEN IS ANYONE ELSE THAT COMES BEFORE IT'S GOING TO THEN REQUESTS SIMILAR VARIANCES OR SIMILAR REQUEST TO BEND WHATEVER STANDARDS WE SET.

I DON'T WANT THAT TO BECOME THE STANDARD OF EVERY TIME SOMEBODY'S COMING FORWARD WITH A NEW BUSINESS THAT THEY ASKED FOR LENIENCY.

BUT ALSO, I AGREE WITH MR. MCCLENDON IN THAT YOU HAVE A GREAT BRAND AND PEOPLE GO TO QT, NOT JUST FOR YOUR COMPARABLE PRICING, BUT BECAUSE OF THE CLEANLINESS, THE STANDARD THAT YOU ALL HAVE SET AND SO KUDOS TO THE BRAND AND TO THOSE THAT HAVE INVESTED IN BRINGING THOSE TO OUR COMMUNITY BECAUSE THEY'RE GREAT STORIES HERE.

THE ONE ON 174 IS ALWAYS BUSY.

I'M THRILLED FOR THE ONE ON EASTERN FRONT.

BUT BECAUSE YOU'RE ALMOST GOING TO BE ON AN ISLAND, YOU'RE CREATING THIS STORE AND IT'S GOING TO BE A FLAGSHIP FOR 121.

THERE'S JUST NOT A LOT OF DEVELOPMENT YET.

PEOPLE WILL VERY MUCH RECOGNIZE THE BLACK, THE RED, THE WHITE.

WHILE THEY MAY NOT GET TO SEE 75, JUST IT'S HIGH.

I TOO WAS WONDERING, IS THERE ANY LENIENCY IN THAT? MAYBE 30 IS SHORT, BUT WHAT'S THE LOWEST YOU MIGHT CONSIDER BRINGING US AS AN OPTION BECAUSE I WORRY ABOUT THE AESTHETICS OF IT BEING AN ISLAND AND RIGHT NOW IT'S GOING TO STAND OUT LIKE A SORE THUMB.

THE RESIDENTS THAT DO LIVE ON THAT SIDE OF TOWN AND THOSE THAT ARE COMING BECAUSE WE HAVE A LOT MORE COMING THAT ARE ALL FUTURE CUSTOMERS OF YOURS.

I DON'T WANT TO RUBBED THEM THE WRONG WAY OF THIS GINORMOUS SIGN THAT THEY SEE OUT OF THEIR BACKYARD.

I ALSO WORRY ABOUT THE DANGER OF HAVING SUCH A LARGE SIGN.

JUST I CAN'T SUPPORT THIS.

I WORRY ON MULTIPLE LEVELS FOR THE CITIZENS THAT ARE THERE, THE CITIZENS THAT ARE COMING.

BUT I REALLY THINK YOU'LL DO WELL BECAUSE OF THE REPUTATION THAT QT HAS AND THAT STANDARD.

YOU KNOW WHEN YOU SEE THOSE COLORS, YOU KNOW WHAT YOU'RE HEADING TOWARD AND YOU KNOW THE PRODUCT THAT YOU'RE GOING TO GET WHEN YOU STOP THERE.

>> NO. IT'S OKAY. I COMPLETELY UNDERSTAND.

I THINK WE COULD DEFINITELY REEXAMINE THE HEIGHT OF THE SIGN.

IF THE 75 FOOT IS REALLY GOING TO BE THAT OFF-PUTTING, ESPECIALLY SINCE THERE IS A LITTLE BIT OF RESIDENTIAL ADJACENCY, WE COULD RE-EXAMINE THAT AND POSSIBLY GO DOWN.

I'M TRYING TO THINK OFF THE TOP OF MY HEAD BECAUSE ONE WAY TO 30-FOOT, IT LITERALLY WAS NOT VISIBLE.

[02:10:02]

>> UNDERSTAND THAT 30 DID SEEM SHORT WHEN YOU'RE SHOWING THAT, BUT IT'D BE NICE TO HAVE SOME OPTIONS, BUT I DON'T THINK YOU HAVE THE SUPPORT OF 75.

>> WE MAKE A LOT OF OUR DECISIONS BASED ON WHAT THE CITIZENS NEEDS ARE AND BASED ON THE ORDINANCES.

WE'RE ALREADY GIVING, I BELIEVE, A COUPLE OF VARIANCES ON THE ORDINANCE.

HAVE YOU HAD A MEETING WITH YOUR NEIGHBORS, THE CITIZENS, ABOUT THE SIGN OF ANY KIND?

>> NO, SIR. I HAVE NOT.

>> I FEEL COMFORTABLE AT THIS TIME.

I'M PROBABLY GOING TO SAY NO ON THE VARIANCE FOR THE TALL SIGN.

I TOLD YOU CAN BRING SOMETHING ELSE FORWARD.

>> SPEAKING OF THAT, I HAVE SUPPORT FOR THE OTHER REQUESTS, THE SETBACK REQUEST AND THE DUAL MONUMENTS ON REQUEST.

DO WE TAKE ACTION ON THAT?

>> YOU CAN TAKE ACTION ON ALL THE REQUESTS.

IF YOU WANT TO PEEL OFF THE HEIGHT FOR A SEPARATE CONSIDERATION, WE'LL HAVE TO COME IN AS A NEW VARIANCE REQUEST IF THEY PROCEED WITH THE VARIANCE.

BUT YOU CAN CONSIDER EVERYTHING ELSE TONIGHT.

>> I WOULD MAKE A MOTION TO APPROVE THE RESOLUTION WITH THE EXCEPTION OF THAT FOR THE WHOLE TIME. I DON'T KNOW.

>> DO WE HAVE A SECOND?

>> WOULD WE WANT THE POLE SIGN LEFT OPEN FOR AN OPTIONAL VARIANCE?

>> I THINK THEY CAN COME BACK AND LIST IT AS A SEPARATE ITEM.

I JUST DON'T WANT TO HOLD UP THINGS FOR THEM ANYMORE THAN WE HAVE TO.

I SAY NO ON THE TALL SIGN, BUT I'M FINE WITH THE OTHER VARIANCES.

WHAT I'M TRYING TO GET INTO MY MOTION, THAT IT'S A MOTION TO APPROVE THE DUAL MONUMENT SIGNS AND THE ZERO FOOT SETBACKS FOR THE MONUMENT SIZE, BUT A NO ON THE POLL SIGN.

>> DOES ANYBODY ELSE HAVE ANYTHING? [OVERLAPPING]

>> YEAH. I WAS GOING TO SAY, I WANT TO MAKE SURE THAT WE'RE CLEARLY STATING THE MOTION THAT THIS COUNCIL IS GOING TO VOTE ON.

IF YOU'LL JUST MAYBE RESTATE OR MAYBE TONY, CAN YOU PULL UP, DO YOU HAVE A SLIDE THAT GIVES US WHERE WE'RE ASKING THE COUNCIL TO GO ON THIS?

>> TONY, IF YOU LOOK AT SLIDE 3, THOSE ARE THE REQUESTS YOU HAVE.

>> WHICH I DON'T HAVE ANYTHING UP HERE.

HERE WE GO. IT'S THESE THREE REQUESTS THEN.

I WOULD MAKE A MOTION TO APPROVE THE SECOND TO REDUCE THE REQUIRED SETBACK OF 10 FOOT TO ZERO, AND THE THIRD, TO ALLOW FOR TWO FREESTANDING SIGNS AND NOT TO APPROVE THE FIRST VARIANCE FOR THE 75 FOOT POLE SIGN IN LIEU OF 30-FOOT. IS THAT CLEAR ENOUGH?

>> YEAH.

>> THAT'S YOUR SECOND.

>> YOU NEED TO GET YOUR BUTTON.

>> SORRY ABOUT THAT.

>> YEAH.

>> CAN WE HAVE DISCUSSION BEFORE WE VOTE? BECAUSE I HAD A QUESTION [OVERLAPPING] [INAUDIBLE] OR WE CAN VOTE.

>> AS LONG AS WE HAVE A MOTION AND A SECOND ON THE FLOOR.

>> NO, SIR. WE CAN HAVE A DISCUSSION TO CLARIFY.

>> JUST ON THE SETBACK, IF WE GO TO ZERO, CAN YOU SHOW ME ON WITHOUT HAVING A SETBACK, IS THERE A CONCERN ABOUT NOT HAVING A SETBACK AT ALL? IS IT GOING TO BE IN THE WAY OF SOMEBODY TRYING TO PULL OUT OR?

>> THE SETBACK IS GRAPHICALLY SHOWN ON THE SITE PLAN, WHICH IS THE NEXT ITEM, PUSHES THE SIGNS RIGHT UP TO THE LOT LINE.

TEN FEET BACK, IT'S A TIGHT COMPACT SPACE.

I DON'T THINK STAFF HAD AN ISSUE WITH THE 10 FEET.

IT'S NOT OBTRUSIVE TO THE POINT WHERE IT'S INTERFERING WITH LANDSCAPING, FOR INSTANCE.

I DON'T WANT TO TALK OFF TOPIC, BUT WE WERE COMFORTABLE WITH THE SETBACKS, PARTICULARLY FOR THE MONUMENT SIGNS, BECAUSE OF THE SIZE AND SCALE.

WE DON'T HAVE AN ISSUE WITH THAT.

I WILL TELL YOU THAT IF THE SIGNS ARE GOING TO BE CONSTRUCTED OVER A UTILITY EASEMENT, THAT WILL ALWAYS INVOLVE FURTHER DISCUSSION BETWEEN THE APPLICANT AND CITY STAFF.

OBVIOUSLY WOULD LIKE TO KEEP SETBACKS, PARTICULARLY EASEMENT'S CLEAR TO THE EXTENT POSSIBLE.

BUT I'LL HAVE TO DEFER TO QUIKTRIP AS FAR AS THE IMPACT ON THEIR END.

WE DIDN'T HAVE AN ISSUE WITH IT THOUGH.

>> I'M JUST TRYING TO GET A PICTURE IN MY HEAD.

AS IT GOES RIGHT UP TO THEIR PROPERTY LINE, BUT THERE'S NOTHING, NOT A UTILITIES MEAN OR ANYTHING THAT GIVES ANY EXTRA SPACE, THAT IF SOMEBODY WERE TO PULL OUT, THEY CAN SEE PAST THE LINE.?

>> NO, THERE'LL BE SOME CURVE THERE. THERE'S A TINY BIT OF SPACE.

IT GOES OUT TO THE LOT LINE, BUT THERE'S STILL SOME CURVE THAT'S BUILT OUT.

IT'S NOT RIGHT ON THE ROADWAY IF THAT'S WHAT YOU'RE ASKING.

>> I WORRY ABOUT THE LINE OF SIGHT BECAUSE IT'S A PRETTY BUSY AND WILL GET BUSIER INTERSECTION.

[02:15:01]

I JUST WANT TO MAKE SURE THAT PEOPLE CAN SAFELY TURN OUT.

>> SURE. NOW, WE DO NOT ALLOW ENCROACHMENTS WITHIN WHAT WE CALL THE VISIBILITY TRIANGLE.

WE WANT TO KEEP THOSE HARD CORNERS CLEAR.

THAT'S SETBACK A PRETTY GOOD DISTANCE.

WE DON'T INCLUDE THOSE TYPES OF CONSIDERATIONS WHEN IT'S IMPACTFUL TO THE VISIBILITY TRIANGLE.

[NOISE]

>> ANYTHING ELSE?

>> YEAH, I GUESS THAT WAS MY CONCERN ON THE SETBACKS.

>> WE HAVE A MOTION. WE HAVE A SECOND?

>> I SECOND THE MOTION.

>> MOTION BY DAN, A SECOND BY LARRY, PLEASE VOTE.

IT PASSES SIX TO ONE.

>> THANK YOU, MAYOR AND COUNCIL, THAT BRINGS US TO ITEM 7B,

[7.B. QuikTrip at 5917 W FM 917 (Case 23-031): Consider approval of a resolution authorizing a site plan for QuikTrip located at 5917 W FM 917.  (First and Final Reading) (Staff Presenter: Tony McIlwain, Development Services Director) (The Planning and Zoning Commission recommended approval by unanimous vote)]

QUIKTRIP AT 5917 WEST FM 917.

THIS IS CASE 23-031, CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A SITE PLAN FOR QUIKTRIP LOCATED AT 5917 WEST FM 917.

THE STAFF PRESENTER IS TONY MCWANE, DIRECTOR OF DEVELOPMENT SERVICES, MR. MCWANE, YOU'RE UP AGAIN.

>> THANK YOU, AMANDA. LET ME FIND. THANK YOU. SORRY FOR THE DELAY.

THIS PARTICULAR REQUEST IS TO COMPANION REQUEST.

THIS IS THE COMMERCIAL SITE PLAN FOR THE QUIKTRIP.

AS YOU MAY RECALL, COUNCIL SITE PLANS ARE NOW ADMINISTRATIVELY APPROVED, BUT AT THE TIME THAT WE RECEIVED THE INITIAL ZONE REQUESTS FOR THIS CASE, THE SITE PLAN WAS SUBMITTED CONCURRENTLY WITH CITY STAFF.

I THINK WE MADE A STATEMENT TO THE EFFECT OF WHEN THE SITE PLAN CAME BACK.

IT WOULD BE ONE OF THE LAST ONES THAT YOU REVIEWED, AND SO IT'S JUST NOW COMING BACK AND WE WANTED TO HOLD OURSELVES TO OUR STATEMENT AND GIVE YOU AN OPPORTUNITY TO LOOK AT IT.

THERE ARE NO VARIANCES ASSOCIATED WITH THIS SITE PLAN IS JUST TO GIVE YOU A RUNDOWN OF WHAT YOU CAN EXPECT TO SEE.

THE ZONING CHANGE WAS APPROVED BACK IN MARCH 20TH, AND WHAT QUIKTRIP IS PROPOSING A CONSTRUCT IS A BUILDING IN EXCESS OF 5,300 SQUARE FEET.

IT'D BE 20 FEET IN HEIGHT, BUT BE A SINGLE-STORY STRUCTURE.

HOW TO USE WOULD BE A TYPICAL QUIKTRIP ASSOCIATION IS WITH A CONVENIENCE STORE AND AUTOMOBILE FUEL CELLS.

THIS IS A RENDERING, AN ELEVATION THAT SHOWS THE BUILDING WITH THE CORPORATE ARCHITECTURE, WITH THE AWNINGS AND THE MARQUEE SIGNAGE THAT YOU TYPICALLY ASSOCIATE WITH QUIKTRIP.

AS FAR AS THE EXTERIOR BUILDING MATERIALS, THEY'RE PROPOSING A MASONRY, BRICK, BRUSHED ALUMINUM, AND POLYCARBONATE ACCENTS.

I MENTIONED PREVIOUSLY ABOUT LANDSCAPING AND WE'RE TALKING ABOUT THE LOCATION OF THE SIGN.

WHAT YOU HAVE IS A LANDSCAPING PLAN BEING SUBMITTED BY THE APPLICANT THAT IS MORE THAN 1,000 FEET IN EXCESS OF WHAT THE CITY REQUIRES, SO THEY'VE EXCEEDED THAT.

IT MAY BE A LITTLE BIT DIFFICULT FOR YOU TO SEE, BUT THERE ARE LOCATIONS FOR THE MONUMENT SIGNS THAT IS SHOWN THERE ON THE SITE PLAN.

THERE'S ONE MONUMENT SIGN DOWN CENTER BOTTOM OF THE SITE, AND THEN THERE IS ANOTHER MONUMENT SIGN SHOWN TOWARD THE RIGHT, NEAR THE TOP, RIGHT TO THE OUTSIDE OF THE UNDER GROUND ATTENTION AREAS.

THEY ARE BEING PROPOSED TO BE THERE BUT THAT'S JUST TO GIVE YOU SOME IDEA, COUNCILMAN RUSSELL, TO GIVE YOU SOME IDEA OF WHERE THEY ARE ON THE SITE.

THE PROPOSED POLL SITE PLAN THAT WAS BEING CONSIDERED IS AT THE BOTTOM TO THE LEFT.

AT SUCH TIME THAT THEY COME BACK WITH A PROPOSAL THAT IS AN INDICATOR OF WHERE THEY WOULD LIKE TO PLACE IT.

WE HAVE A COUPLE OF OPTIONS.

[02:20:02]

THIS WILL ULTIMATELY BE REVISED TO NOT SHOW A POLE SIDE UNTIL SUCH TIME THEY GET YOUR BLESSING FOR THAT.

BUT THAT WILL BE ONLY TWEAK THAT WE WOULD NEED TO MAKE TO THE SITE PLAN.

THEY'VE COMPLIED WITH EVERY CITY REQUIREMENT, PARKING REQUIREMENTS, THE LANDSCAPING AND THE LOT SIZE AND COVERAGE AND SETBACKS, THAT IT'S ALL COMPLIANT WITH THAT.

AS FAR AS UTILITIES AND DRAINAGE, JOHNSON COUNTY SITE WILL BE THE SERVICE PROVIDER FOR THE SITE.

THE DEVELOPER WILL EXTEND SEWER TO THE PROPERTY AT SOME EXPENSE.

THEY ARE IN DISCUSSIONS WITH TXDOT AS FAR AS A VARIANCE TO THEIR REGULATIONS FOR SPACING ALONG FM 917, THAT WOULD BE A TXDOT DECISION.

STAFF WILL NOT PROCESS WHEN APPROVING PERMITS UNTIL SUCH TIME TXDOT IS GIVING IT'S CONSENT FOR THE DRAFT WAY ACCESS.

WHEN THIS WAS PRESENTED TO THE PLANE ZONE COMMISSION, THERE WAS UNANIMOUS SUPPORT.

THERE WAS A QUICK QUESTION ABOUT A PIECE OF PROPERTY THAT WAS EXCLUDED.

THAT PROPERTY IS NOT UNDER THE POSSESSION AND CONTROL OF QUIKTRIP THAT BELONGS TO AT&T.

THE SPEAKER THAT NIGHT WAS MR. BILL BIG, REPRESENTING QUIKTRIP.

WE AREN'T SUPPORTED THE SITE PLAN, COUNSEL, AND THAT CONCLUDES THE PRESENTATION ON ANSWERING ANY QUESTIONS THAT YOU HAVE.

>> ANY QUESTIONS. IS THERE A MOTION ON THIS?

>> BEFORE I MAKE IT, DO WE NEED TO ACCEPT THE POLL SIGN FROM OUR MOTION SINCE IT IS ON THE SITE PLAN?

>> ALRIGHT. THEN I'D MAKE A MOTION TO APPROVE THE SITE PLAN WITH THE EXCEPTION OF THE POLE SIGN THAT'S INDICATED.

>> WE HAVE A MOTION BY DAN AND SECOND BY ADAM.

PLEASE VOTE. PASSAGE NANOS.

>> MAYOR AND COUNCIL, THAT BRINGS US EXCUSE ME,

[8. BUDGET AND TAX RATE]

TO SECTION 8, BUDGET AND TAX RATE.

MR. BUPKIS HAS ASKED ME TO CALL FORWARD ALL THE ITEMS AND HE WILL DO ONE PRESENTATION. HERE WE GO.

8A, HOLD A PUBLIC HEARING ON THE FISCAL YEAR 2023, 2024, PROPOSED ANNUAL BUDGET.

THIS BUDGET WILL RAISE MORE PROPERTY TAXES THAN LAST YEAR'S BUDGET BY AN AMOUNT OF $2,134,839, WHICH IS AN 8.8% INCREASE.

OF THAT AMOUNT, 1,485,617 IS TAX REVENUE TO BE RAISED FROM NEW PROPERTY ADDED TO THE TAX ROLL THIS YEAR.

8B, HOLD A PUBLIC HEARING ON THE PROPOSED AD VALOREM TAX RATE FOR TAX YEAR 2023.

THE PROPOSED RATE IS 0.6325 CENTS PER 100 VALUATION.

THE PROPOSED TAX RATE EXCEEDS THE NO NEW REVENUE TAX RATE.

EIGHT C IS CONSIDER APPROVAL OF AN ORDINANCE ADOPTING THE BUDGET FOR FISCAL YEAR 2023, 2024, BEGINNING OCTOBER 1, 2023, AND TERMINATING SEPTEMBER 30TH, 2024, AND MAKING APPROPRIATIONS FOR EACH FUND, REPEALING CONFLICTING ORDINANCES, PROVIDING A SAVINGS CLAUDE AND EFFECTIVE DATE, AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED AS OPEN TO THE PUBLIC.

THIS BUDGET WILL RAISE MORE PROPERTY TAXES THAN LAST YEAR'S BUDGET BY AN AMOUNT OF $2,134,839, WHICH IS AN 8.8% INCREASE.

OF THAT AMOUNT, 1,485,617 IS TAX RATE TO BE RAISED FROM NEW PROPERTY TAXES TO THE TAX ROLL THIS YEAR.

THIS IS FOR CITY COUNCIL ON FIRST READING.

8D, CONSIDER APPROVAL OF AN ORDINANCE LEVING THE AD VALOREM PROPERTY TAXES OF THE CITY OF BERLIN ZONE FOR TAX YEAR 2023, ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIPIDS OR THE CITY ON JANUARY 1, 2023, AND ADOPTING A TAX RATE OF 0.6325 CENTS PER 100 EVALUATION OF TAX YEAR 2023, PROVIDING FOR REVENUES FOR PAYMENTS OF CURRENT MUNICIPAL MAINTENANCE AND OPERATION EXPENSES, AND FOR PAYMENT OF INTEREST AND PRINCIPAL ON OUTSTANDING CITY OF BIRTHS AND DEATHS, PROVIDING FOR AN ENFORCEMENT OF COLLECTION, REPEALING CONFLICTING ORDINANCES, PROVIDING THE SAVINGS CLAUSE AND EFFECTIVE DATE AND FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC,

[02:25:01]

THE PROPOSED TAX RATE EXCEEDS THE NO NEW REVENUE TAX RATE.

THIS IS BEFORE CITY COUNCIL ON FIRST READING.

8E, CONSIDER APPROVAL OF AN ORDINANCE APPROVING THE 2023 TAX ROLLS AND DECLARING AN EFFECTIVE DATE.

8F, CONSIDER APPROVAL OF AN ORDINANCE PROVIDING A FISCAL YEAR 2023, 2024 SCHEDULE OF FEES FOR VARIOUS CITY OF BERLIN AND SERVICES.

8G, CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR FISCAL YEAR 2023, 2024, RATES OF WATER AND WASTE WATER SERVICE.

THIS IS ALSO FIRST READING.

8H, CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FISCAL YEAR 2023, 2024, RATES FOR COLLECTION AND DISPOSAL OF RESIDENTIAL AND NON-RESIDENTIAL SOLID WASTES, RECYCLABLES, AND TRASH.

8I, CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR RESIDENTIAL HOMESTEAD EXEMPTION FROM THE AD VALOREM TAX FOR TAX YEAR 2024 AND ALL FUTURE TAX YEARS AND LESS REVISED OF AN AMOUNT EQUAL TO 3% OF THE APPRAISED VALUE, REPEALING CONFLICTING ORDINANCES, PROVIDING THE SAVINGS CLAUSE, INCORPORATING THE RITUALS, FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AND DECLARING AN EFFECTIVE DATE.

ALL OF THESE TONIGHT WILL HAVE A PRESENTATION BY JOHN BUPKIS, ASSISTANT FINANCE DIRECTOR. MR. BUPKIS.

>> THANK YOU, AMANDA. GOOD EVENING, MAYOR COUNCIL MEMBERS.

WE WANT TO GO AHEAD AND PROVIDE AN OVERVIEW AGAIN TO RECAP ITEMS 8A THROUGH 8I, THE MATERIAL HAS BEEN PRESENTED TO COUNSEL BEFORE.

BUT AGAIN, WE WANT TO MAKE SURE WE'VE GOT EVERYTHING COVERED FOR THE PROPOSALS.

JUST TO RECAP SOME OF THE ASSUMPTIONS FOR OUR GENERAL FUND.

THE ASSESSED VALUE INCREASE RIGHT NOW IS GOING TO ASSUME THAT A 3.5% GROWTH RATE OF EXISTING PROPERTIES WITH A 2% NEW FOR IMPROVEMENTS, 25 AND 26 IS GOING TO ASSUME 1% HOMESTEAD EXEMPTION EACH YEAR.

FOR THE FOR THE ENTIRE TAX RATE AS AMANDA NOTED, WERE COMING IN AT 0.6325, THE DEBT SERVICE RATE WILL REMAIN CONSTANT AT 0.1923.

IT WILL BE REDUCING THE GENERAL FUND RATE FROM 0.4649 TO 0.4402.

AGAIN, FOR A TOTAL NEW TAX RATE OF 0.6325, A TOTAL DECREASE OF 0.0247 PER 100.

AGAIN, OUR AVERAGE HOME VALUES.

RIGHT NOW WE SAW AN INCREASE IN AVERAGE HOME VALUES OF ABOUT $30,000 WITH THE ASSESS TAX RATE.

BASICALLY, THE NEW TAX BILL, INCLUDING THE LEVY AND HOMESTEAD EXEMPTION, IS GOING TO BE ABOUT $100 ANNUALLY, 100 BUCKS.

AGAIN, THAT IS A NET INCREASE OF ABOUT $8.45 PER MONTH TO THE AVERAGE HOMEOWNER.

OUR ASSUMPTIONS, AGAIN, OUR TAX LEVY, WE'RE LOOKING AT THE 3.5% OVER THE NEXT FIVE YEARS, A NEW CONSTRUCTION GROWTH, WE'RE GOING TO SIT TIGHT WITH 2%, SALES TAX WE'RE GOING TO ESTIMATE AT 3%.

AGAIN, APPLYING CONSERVATIVISM.

COMPENSATION WE'RE GOING TO GO WITH A 3.5% AND THEN A 3% ON OUR CASH FUNDING AND BOND.

FUTURE BOND SALES ARE NOTED BELOW.

THEN IT'S WORTH OUR CURRENT PLAN.

JUST SOME KEY ITEMS FOR WATER AND WASTEWATER.

AGAIN, WE'VE GOT SOME MAJOR PROJECTS IN THE PIPELINE AND REALLY IT'S A LOT OF REHABILITATION, WHETHER IT'S THE WATER LINES, THE SEWER LINES, STORAGE TANKS, WE'RE UNDERGOING A LOT OF THE MAINTENANCE WORK AT THIS POINT IN TIME.

THE CAPITAL IMPROVEMENT PROGRAM, AGAIN, IT'S LOOKING TO GET A $9 MILLION BOND ISSUANCE FOR 23/24, AND THE FIVE-YEAR CAPITAL IMPROVEMENT PLAN FROM '24 THROUGH '28, WATERS GOTTEN NEARLY 50 MILLION 44 MILLION FOR SEWER.

AGAIN, THE RATES THEY PROPOSED IS A 3% INCREASE FOR BOTH.

AGAIN, AS NOTED, THE WATER RATES ACROSS THE BOARD AT SOMETHING WE WORKED WITH WITH COUNCIL, WE HAD VARIOUS OPTIONS AND AGAIN, THE 3%, IT'S LISTED ON THE LEFT-HAND SIDE THERE.

AS FAR AS THE METER SIZE AND EVERYTHING, I DO WANT TO MAKE ONE NOTE ON THE SECTION OVER THE OVER 20,000 GALLONS.

[02:30:03]

THE PROPOSED RATE IS NOT 6.57, IT'S 6.77.

AGAIN, WASTEWATER RATES WE REVIEW THOSE AS WELL AND AGAIN, WE'RE PROPOSING A 3% INCREASE FOR WASTEWATER.

SOLID WASTE FUND, AGAIN, WE DISCUSSED THE 20% FEE INCREASE WHICH WOULD EQUATE TO $3.64 PER OUR RESIDENTIAL ACCOUNT.

AGAIN, WE'RE ANTICIPATING ABOUT 2.5% INCREASE IN GROWTH OVER THE YEAR.

AGAIN, EXPENDITURES, THE COLLECTION CONTRACT PROJECTED AT THREE MILLION RECYCLING PROGRAM AT A LITTLE OVER 500,000.

AGAIN, THE CURRENT CONTRACT WILL EXPIRE IN 2029.

AGAIN, A SOLID WASTES RATES.

AGAIN, WE DISCUSSED THAT 20% INCREASE, AGAIN WITH THE CONTRACT AND THE CPI VERSUS THE 6% TO GET OUR FUND BALANCE WHERE WE DISCUSSED.

WE FEEL THAT'S APPROPRIATE.

AGAIN, IT'S A PASS THROUGH, BUT TO HAVE SOME CONTINGENCY FUNDING IN THE EVENT THAT CPI DOES BOLSTER ITS APPROPRIATE.

AGAIN, AT THE 20 PERCENT IS WHAT WE HAD DISCUSSED PRIOR.

AGAIN, LOOKING AT THE TOTAL EXPENDITURES BY ALL FUNDS RIGHT NOW, WE'VE GOT THE YEAR-END 22/23 ESTIMATE AGAINST THE PROPOSED BUDGET FOR 23/24.

AGAIN, WE'VE GOT SOME SLIGHT INCREASES.

THE BIG JUMP IS OBVIOUSLY IN OUR CAPITAL PROJECTS.

AGAIN, WE GO FROM 216-256 FOR NEARLY $40 MILLION INCREASE.

AGAIN, MAJORITY OF THAT BEING THE CAPITAL PROJECTS.

AGAIN, WE ADD FEE SCHEDULE ORDINANCE UPDATES RECENTLY FROM COUNCIL, THE CEMETERY FEES, DEVELOPMENT ENGINEERING REVIEW AND INSPECTION FEES, AND SHORT-TERM RENTAL FEES, AND HASN'T BEEN COVERED WITH COUNCIL ON THOSE DATES.

AT THIS TIME, ACTION THAT'S BEING REQUESTED, AGAIN, APPROVE OR DENY THE FOLLOWING ORDINANCES.

THE FY22/23 BUDGET THAT WILL RUN FROM OCTOBER 1ST, 2023 THROUGH SEPTEMBER 30TH, 2024.

LEVYING THE PROPERTY TAX FOR TAX YEAR 2023 FOR TAXABLE VALUES AND ADOPTING THE PROPERTY TAX RATE OF 0.6325 PER 100 VALUE.

IMPROVING YOUR TAX YEAR 2023 TAX ROLL, APPROVING THE 2023/24 SCHEDULED FEES, ESTABLISHING THE 2023/24 RATES FOR WATER AND WASTEWATER, WHICH IS A 3% INCREASE, AND ESTABLISHING THE 2022/23 FOR SOLID WASTE SERVICE AT 20%.

AND APPROVING A 3% RESIDENTIAL HOMESTEAD EXEMPTION FOR TAX YEAR 2024 TO BE EFFECTIVE OCTOBER 1ST, 2024 FOR 2024/2025.

WITH THAT, I'LL ENTERTAIN ANY QUESTIONS OR COMMENTS.

>> WE NEED INDIVIDUAL VOTES. MOTION ZONE ONLY.

>> YES. BUT FIRST, WHAT WE NEED TO DO IS 8A AND 8B ARE PUBLIC HEARINGS.

IF YOU COULD OPEN THE PUBLIC HEARING ON FISCAL YEAR 2023 PROPOSED ANNUAL BUDGET.

>> WELL, I OPEN THAT PUBLIC HEARING AT 7:01.

>> THANK YOU. THEN IF YOU'LL OPEN THE PUBLIC HEARING FOR THE PROPOSED AD VALOREM TAX RATE FOR YOUR TAX YEAR 2023 TOO, I HAVE A SPEAKER IS THAT WANT TO SPEAK ON BOTH.

>> ALSO AT 7:01.

>> THANK YOU. THEN AT THIS TIME, I'LL CALL FORWARD JAKE BARNETT.

>> MAYOR, COUNCIL MEMBERS, DISTINGUISHED GUESTS.

MY NAME IS JACOB BARNETT AND I COME TONIGHT AS A CONCERNED CITIZEN, THAT'S PER ITEM 8 ON THE AGENDA.

I WOULD LIKE TO COME AND EXPRESS THE COMMENTS AND CONCERNS OF MY CONSTITUENTS.

MANY KNOW THAT I RAN FOR CITY COUNCIL PLACE TOO THIS PAST CYCLE AND FIRST I WOULD LIKE TO CONGRATULATE MY OPPONENT, MR. ANDERSON, FOR HIS OUTSTANDING ELECTION.

HOWEVER, LIKE AGE, I DON'T BELIEVE WE SHOULD LET ELECTED STATUS TO FIND POLITICAL EXPERIENCE.

THERE ARE TWO MAJOR CONCERNS MY COMMUNITY HAS PER THE STATEMENTS, 8.8% INCREASE IS TAX REVENUE TO BE RAISED AND THIS PROPOSED TAX RATE EXCEEDS THE NO NEW REVENUE TAX RATE PER THE ITEM 8 ON THE AGENDA.

OUR CITIZENS AND NATION AS A WHOLE ARE SUFFERING FROM ECONOMIC TURMOIL, UNEMPLOYMENT, AND FINANCIAL ISSUES LIKE NEVER BEFORE.

LIKE THE MANY PROPERTY AND TAX HIKES WE'VE SEEN IN THE PAST DECADE, MANY OF US, REGARDLESS OF PARTY AFFILIATION,

[02:35:01]

SEE THE HEARTBREAK THIS THEFT HAS CAUSED THE AMERICAN PEOPLE AND OUR FELLOW TEXANS.

AS A SUPERMARKET CASHIER, I HAVE SEEN TAXES TAKE PRIORITY OVER SCHOOL SUPPLIES FOR A FAMILY OF THREE CHILDREN AND ELDERLY WOMAN DECIDE WHETHER SHE WANTS HER DENTURE CLEANER OR HER FOOD AND A CHILD A SCHOOL LUNCH OVER A BIRTHDAY CARD ON HIS BUDGET THAT HIS MOTHER GAVE HIM.

IT SEEMS MANY OF OUR MODERN ELECTED OFFICIALS HAVE TURNED FROM THE CONCERNS AND LIVINGS OF THE COMMON CITIZEN TO THE LIFE OF A RESPECTED ARISTOCRAT WHO HAS A NAMESAKE.

I'VE DONE MUCH RESEARCH IN THE HISTORY AND FIND THE INCOME TAX AMENDMENT, REPEAL OF THE PROHIBITION AMENDMENT AND THEY REPEAT TAX RAISES ON LAND ARE UNEQUIVOCALLY CONNECTED AND ARE THEY DIRECT CAUSATION BEHIND THE DECLINE OF GENERATIONAL WEALTH WHERE YOUNG PEOPLE TODAY CAN NO LONGER AFFORD THE AVERAGE APARTMENT IN OUR OWN HOMETOWN OF BURLINGTON.

IF THE QUESTION RAISE TWO, BALANCING A BUDGET IS TO RAISE TAXES, A GOVERNMENT SPENDS TOO MUCH.

IF AN OFFICIAL RESPONSE TO MEETING THE NEEDS OF THEIR BOSSES IS TO MAKE THE AMERICAN DREAM UNAFFORDABLE AND IF THE GOVERNMENT SEEKS TO FORCE ITS CITIZENS ONTO GOVERNMENT RENTAL HOMES RATHER THAN LOWER SPENDING, ONE CAN'T HELP BUT WONDER IF KLAUS SCHWAB AND THE COMMENTARY THAT BANKROLLED THEIR CAMPAIGN.

A GOVERNMENT OFFICIAL WHO DESIRES TO SLOWLY STEAL THE RIGHT TO OWN LAND AND PRIVATE PROPERTY FROM THE INDIVIDUAL FOR THE REDISTRIBUTION TO A GOVERNMENT AGENDA IS A COMMUNIST STATE, NOT AN ELECTED SERVANT.

THE BEAUTY OF OUR FEDERALIST SYSTEM IMAGINED BY JAMES MADISON IS THAT GOOD FISCAL RESPONSIBILITY BEGINS HERE AT HOME, NOT IN WASHINGTON.

IT'S ON BEHALF OF THE CITIZENS AND THE TIMELESS PHILOSOPHY OF LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS PUT FORTH BY THOMAS JEFFERSON AND MANY OTHER FOUNDING FATHERS, I DECLARE THAT AS THE BOSSES OF OUR ELECTED OFFICIALS, THE ONLY TAX POLICY WE SUPPORT ARE NO NEW TAXES.

THANK YOU, I YIELD BACK.

>> THANK YOU. I HAVE ANOTHER SPEAKER CARD.

MATTHEW LEUCINE.

>> MAYOR, CITY COUNCIL, THANK YOU VERY MUCH, I'LL MAKE THIS BRIEF.

SEEN THAT A LOT OF YOU ALL HAVE KIDS AND GRANDKIDS, EVERY ONE OF YOU SHOULD BE FAMILIAR WITH THE STORY IF YOU GIVE A MOUSE A COOKIE.

WELL, WHAT WE SEE HERE IN THIS BUDGET IS WHAT I LIKE TO CALL THE SEQUEL OF THAT.

IF YOU GIVE A POLITICIAN YOUR PAYCHECK, IF YOU GIVE A POLITICIAN YOUR PAYCHECK, THEY'RE GOING TO WANT TO TAX YOUR HOUSE, IF YOU'RE GOING TO GIVE THE POLITICIAN THE ABILITY TO TAX YOUR HOUSE, THEY ARE GOING TO WANT TO TAX YOUR LAND.

IF YOU GIVE THE POLITICIAN THE ABILITY TO TAX YOUR LAND, THEY'RE GOING TO WANT TO TAX YOUR SALES IN EVERY SINGLE DOLLAR IN YOUR POCKETS.

WE'VE ARRIVED AT IN THE CITY COUNCIL BUDGET, THIS IS A CITY COUNCIL WANTING TO RAISE TAXES ON OUR HOUSES EVEN MORE THAN THEY WERE BEFORE.

THE PROPOSED TAX INCREASE WILL TAKE $2 MILLION OUT OF OUR POCKETS, $2 MILLION OUT OF OUR LOCAL BUSINESSES, AND $2 MILLION AWAY FROM WORKING FAMILIES THAT ARE STRUGGLING TO MAKE ENDS MEET AND STRUGGLING WITH A STATE AND LOCAL GOVERNMENT THAT IS TAXING US OUT OF OUR HOMES.

FOR THOSE OF YOU WHO CAMPAIGNED ON LOWERING TAXES, PARTICULARLY PROPERTY TAXES, THIS SHOULD BE EASY NO VOTE FOR YOU.

THE PEOPLE IN BURLINGTON ARE NOT STUPID, YOU WILL NOT PULL THE WOOL OVER US.

WE WILL REMEMBER IF YOU LIE TO US AND WE WILL FEEL IT WHEN YOU REACH YOUR GREEDY LITTLE FINGERS DEEPER INTO OUR POCKETS, SO I URGE NO NEW TAXES. THANK YOU VERY MUCH.

>> THANK YOU. IS THERE ANYBODY ELSE IN THE AUDIENCE WHO WOULD LIKE TO SPEAK DURING THE PUBLIC HEARING? I HAVE NO OTHER CARDS MAYOR, SO IF YOU COULD CLOSE THE PUBLIC HEARING ON THE PROPOSED BUDGET, PLEASE.

>> HEARING IS CLOSED AT 07:06.

>> THEN CLOSE THE PUBLIC HEARING ON THE TAX RATE.

>> ALSO CLOSED AT 07:06.

>> THANK YOU. NOW WE WILL TAKE EACH ITEM UP INDIVIDUALLY.

THE FIRST ITEM TO BE TAKEN UP IS 8C, THAT'S THE ORDINANCE ADOPTING THE FISCAL YEAR 2023-2024, BEGINNING ON OCTOBER 1, 2023, AND TERMINATING SEPTEMBER 2024.

>> IS THERE A MOTION ON 8C? I MOVE TO APPROVE THE BUDGET AS PRESENTED AGAINST [INAUDIBLE]?

>> SECONDED.

>> WE HAVE A MOTION BY ADAM AND A SECOND BY LARRY, PLEASE VOTE. PASSES UNANIMOUSLY.

>> THANK YOU, MAYOR AND COUNCIL AND IF YOU WILL INDULGE ME ONE MOMENT, I WAS SUPPOSED TO READ A STATEMENT AFTER THE PUBLIC HEARING.

THANK YOU, TAX RATE PUBLIC HEARING TO HAND OFF TO MIKE

[02:40:03]

[INAUDIBLE] THE CITY COUNCIL WILL NOT ADOPT THE PROPOSED TAX RATE TONIGHT, FOLLOWING THE PUBLIC HEARING, THE FINAL READING OF THE ORDINANCE ADOPTING THE TAX RATE WILL BE AT A CITY COUNCIL MEETING ON MONDAY, SEPTEMBER 11, 2023 AT 09:30 AM HERE AT CITY HALL, 141 WEST RENT FOR STREET BURLINGTON, TEXAS, 76028.

NOW, WE'LL GO BACK TO OUR MOTIONS, THAT BRINGS US TO ITEM 8D, WHICH IS CONSIDER APPROVAL OF AN ORDINANCE LEVYING AT VALOREM PROPERTY TAX FOR THE CITY OF BURLINGTON FOR TAX YEAR 2023.

>> MAYOR COUNCIL WELL I WOULD JUST INTERJECT BRIEFLY.

THIS IS A MOTION HAS TO BE MADE WITH SPECIFIC LANGUAGE, THIS IS THE HANDOUT THAT I'VE PUT AT ALL OF YOUR PLACES, THAT'S CORRECT. DAN.

>> NOW, I WANT TO MOVE THAT THE PROPERTY TAX RATE MAY BE INCREASED BY THE ADOPTION OF A TAX RATE OF 0.6325 $ PER $100 VALUATION, WHICH IS EFFECTIVELY A 6.55% INCREASE IN THE TAX RATE.

>> IS THERE A SECOND?

>> I'LL SECOND THAT MOTION.

>> I DIDN'T GET IT, LARRY.

>> LET ME RESET THIS, START AGAIN.

IF YOU COULD MAKE THE MOTION, THERE YOU GO. THANK YOU.

>> I'LL SECOND THE MOTION.

>> I'VE GOT A MOTION BY DAN SECONDED BY LARRY, PLEASE VOTE. IT PASSES UNANIMOUS.

>> THANK YOU, MAYOR AND COUNCIL, THAT BRINGS US TO 8E, CONSIDER APPROVAL OF AN ORDINANCE APPROVING THE 2023 TAX ROLLS.

>> IS THERE A MOTION OVER 8E? MOVE TO APPROVE TAX ROLLS.

EVERYONE TALKS ABOUT ADAM AND SECOND BY VICTORIA, PLEASE VOTE. PASSES UNANIMOUSLY.

>> THAT BRINGS US TO 8F CONSIDER APPROVAL OF AN ORDINANCE PROVIDING A FISCAL YEAR 2023/2024 SCHEDULE OF FEES.

>> IS THERE A MOTION ON 8F?

>> I'LL MAKE A MOTION TO APPROVE 8F.

>> MOTION TO APPROVE BY LARRY, SECONDED BAHRAINI, PLEASE VOTE. PASSES UNANIMOUSLY.

>> THANK YOU. MAYOR AND COUNCIL, THAT BRINGS US TO 8G, CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FISCAL YEAR 2023/2024 RATES FOR WATER AND WASTEWATER SERVICES.

>> MOVE TO APPROVE 8G.

>> MOTION BY DAN AND SECOND BY PHIL.

PLEASE VOTE. PASSES UNANIMOUSLY.

>> THANK YOU, MAYOR AND COUNCIL, THAT BRINGS US TO 8H CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR FISCAL YEAR 2023/2024 RATES FOR COLLECTION OF RESIDENTIAL AND NON-RESIDENTIAL SOLID WASTE, RECYCLABLES AND TRASH.

>> IS THERE A MOTION ON 8H?

>> I MOVE TO APPROVE 8H?

>> I HAVE A MOTION BY DAN AND SECOND BY VICTORIA, PLEASE VOTE. PASS IS UNANIMOUS.

>> 8I CONSIDER APPROVAL OF AN ORDINANCE PROVIDING FOR RESIDENTIAL HOMESTEAD EXEMPTION FROM THE AD VALOREM TAX FOR TAX YEAR 2024.

>> IS THERE A MOTION 81? SORRY, RON I NEED A SECOND.

I GOT A MOTION BY ADAM AND SECOND BY VICTORIA, PLEASE VOTE. PASSES UNANIMOUSLY.

THAT BRINGS US TO 8J, WHICH IS CONSIDER APPROVAL OF AN ORDINANCE, AMENDING THE CITY'S BUDGET FOR FISCAL YEAR 2020-2023 BY INCREASE IN APPROPRIATIONS TO VARIOUS FUNDS TO OFFSET EXPENSES INCURRED THROUGHOUT THE FISCAL YEAR.

THIS IS BEFORE THE CITY COUNCIL ON FIRST AND FINAL READING.

THE STAFF PRESENTER IS JOHN BUCK, IS ASSISTANT FINANCE DIRECTOR.

>> THANK YOU, MADAM MAYOR, COUNCIL MEMBERS.

[02:45:01]

AGAIN, WE WANT TO GO AHEAD AND WALK THROUGH A FEW OF THE BUDGET AMENDMENTS, THE SAVING.

AGAIN A LITTLE BIT OVERVIEW, AGAIN, THROUGHOUT THE BUDGET DELIBERATIONS WITH COUNCIL THAT NEED FOR THESE ADJUSTMENTS AND VARIOUS FUNDS HAVE BEEN DISCUSSED, AGAIN, DUE TO INCREASED OPERATING EXPENDITURES AND AGAIN, THE BUDGET AND YEAR-END ESTIMATES MATCH EVERYTHING THAT HAS BEEN PRESENTED TO COUNCIL, WITH THE EXCEPTION OF THE HEALTH FUND, WHICH I'LL GO INTO DURING THE PRESENTATION.

AGAIN, OFTEN ADJUSTMENTS RIGHT NOW EQUATE TO ABOUT 4.2 MILLION OR A LITTLE UNDER 3% OF THEIR OVERALL CHANGE.

AGAIN, THE GENERAL FUND RIGHT NOW, THE VARIANCE IS ABOUT $1.6 MILLION.

AGAIN, GOING HERE FROM 56.1-57.7, ALL FUNDS INCREASE AS NOTED AS $4.2 MILLION.

AGAIN, STARTING WITH THE GENERAL FUND, THE INCREASED APPROPRIATION REQUEST IS 1,618,143.

AGAIN, THE CONTRIBUTING FACTORS, THE HILL COLLEGE WORK, POLICE AND FIRE, WAGE ADJUSTMENTS, AND PARKS RIGHT OF WAY MAINTENANCE.

AGAIN, THERE WERE SEVERAL OTHER PUTS AND TAKES WITHIN THE 1,800S LINE ITEMS, BUT AGAIN, THESE ARE THE GENERAL ITEMS THAT ARE DRIVING THE EXPENSES.

DEBT SERVICE FUND.

AGAIN, WE WANT TO MAKE SURE THE FUND INCLUDES THE 2023 PRINCIPAL AND INTERESTS CHARGES FOR THE TIFF TOO.

AGAIN, THAT WAS THE LAND WORK AND AGAIN, THE PRINCIPLE INCREASE WOULD BE 85,131 FOR THE INTEREST AND THAT WOULD BE ADDED.

AS I NOTED, THE HEALTH INSURANCE FUND, WE'VE SEEN A DRAMATIC INCREASE IN CLAIMS. WE'VE BEEN MONITORING THAT THROUGH THIS PERIOD.

I KNOW THE MONTH OF AUGUST, THROUGH THE 23RD, WE WERE OVER $600,000 IN CLAIMS AND I KNOW WE'VE GOT SEVERAL IN THE PIPELINE.

SO WE PRORATED THE REST OF THE MONTH.

WE'RE PRORATING SEPTEMBER FOR THE AVERAGE WE'VE SEEN THROUGHOUT THE YEAR, WHICH IS NEARLY 400,000, AND BRINGS US TO A TOTAL ESTIMATE RIGHT NOW OF 1,000,007.

AGAIN, WE WERE WORKING WITH HUB AND THESE ARE PRELIMINARY NUMBERS, BUT WE'VE GOT REIMBURSEMENT ESTIMATES RIGHT NOW, ABOUT $345,000.

AGAIN, WE'RE GOING TO SHARPEN THOSE UP.

THOSE ARE PRELIMINARY FROM HUB RIGHT NOW.

BUT RIGHT NOW, THE 1,000,007 IS REAL.

AGAIN, THE STOP-LOSS LOOKS TO BE ABOUT THAT 345.

SOLID WASTE FUND AND AGAIN, INCREASED APPROPRIATIONS TO ACCOUNT FOR CUSTOMER GROWTH.

WE'RE SEEING A LARGE INCREASE WITH THAT.

A 251,000 WILL BRING US TO WHERE WE NEED FOR THE FUND BALANCE THAT WAS DISCUSSED.

GRANT FUND INCREASED APPROPRIATION WAS TWO-FOLD.

IT WAS THE CAD SYSTEM, AND THEN WE HAD ORDERED THE MOBILE COMMAND UNIT AND THE ARMORED RESCUE VEHICLE.

THE TIMING WITH THAT WAS SUCH THAT IT WAS RIGHT AFTER COVID AND SEVERAL EVENTS A COUPLE OF HERE IN TEXAS, THE DEMAND FOR THESE VEHICLES SKYROCKETED AND COST WENT UP.

WE'VE GOT ALL THE DETAIL HAS BEEN PRESENTED TO COUNCIL. WE'VE COVERED THAT.

BUT AGAIN, SUPPLY AND DEMAND REALLY DROVE THAT AND ONCE THOSE VEHICLES GOT ORDERED AT THAT POINT, THE COST WENT UP AND THAT'S WHAT DROVE THE EXPENDITURES.

4B FUND. AGAIN, WE'VE GOT THE INCREASE IN GOLF AND PARKS PERFORMANCE.

AGAIN, THE 535,000.

WE'VE GOT TRANSACTION FEES, COST OF SALES.

WE CHOSE TO REPLACE THE BATTERIES, AS WAS PRESENTED TO COUNCIL EARLIER, TO HAVE A LONGER LIFE FOR THE GOLF CARTS AND IT PARKS PERFORMANCE FUND, WE'VE WITNESSED THE INCREASE IN NATURAL GAS, WATER SALARIES, AND TRANSACTION FEES ASSOCIATED WITH THE FUNDING.

PARKS PERFORMANCE FUND ITSELF.

AGAIN, RECREATION, ATHLETIC SALARIES AND OVERTIME HAVE SPIKED UTILITIES AND TRANSACTION FEES.

I THINK HONESTLY IN GENERAL, WE'RE SEEING WITH THE INFLATION, ASSOCIATED COSTS WITH RUNNING THESE BUSINESSES HAVE JUMPED UP.

WATER AND WASTEWATER FUND.

AGAIN, DUE TO INCREASED PURCHASED WATER COST AND TRANSFERS TO THE TECHNOLOGY FUNDS ARE 311 SYSTEM, WE DID NOT HAVE THAT BUDGET IT IN WATER AND WASTEWATER FUND.

AGAIN, THE INCREASE IN WATER PURCHASES WAS RIGHT AT $900,000.

[02:50:02]

AGAIN, IT'S 1,261,052 TOTAL.

PROPRIETARY EQUIPMENT REPLACEMENT FUND.

THIS COMES FROM THE FUNDS AS A RESULT OF THE PROCEEDS FROM THE SALE OF EQUIPMENT.

IT WAS LAND AND EQUIPMENT THAT WAS TRANSFERRED TO SOLID WASTE.

AGAIN, WE DISCUSSED HAVING THE APPROPRIATE BALANCE WITH THE CPI CALCULATIONS IN THE CONTRACT AND THAT TRANSFER WILL BRING OUR FUND BALANCE TO WHERE WE DISCUSSED WITH COUNCIL AND PUTS US IN A GOOD POSITION FOR THE FIVE-YEAR PLAN.

A GOLF FUND JUST TO EVEN THINGS OUT, AGAIN, WE'RE SEEING INCREASES WITH SALARIES, TRANSACTION FEES.

I KNOW WE'VE ADDRESSED THOSE AND SOME OF THE SUPPLEMENTAL REQUEST THAT HAD BEEN MOVED THROUGH A COUNCIL, BUT TO 10,000, I'LL BRING GOLF EVEN.

WITH THOSE ARE THE OPTIONS TO APPROVE OR DENY ALL BUDGET AMENDMENTS.

APPROVE OR DENY SELECTION OF THESE AMENDMENTS.

STAFF DOES RECOMMEND THE APPROVAL OF THESE BUDGET AMENDMENTS.

AND WITH THAT, I'LL ADDRESS THE QUESTIONS AND COMMENTS.

>> ANY QUESTIONS? SURE. A MOTION.

>> MOVE TO APPROVE. ALL BUDGET AMENDMENTS AS PRESENTED.

>> WE HAVE A MOTION BY ADAM. A SECOND BY DAN.

PLEASE VOTE. PASSES UNANIMOUS.

THAT BRINGS US TO SECTION 9 GENERAL.

9A IS CONSIDER APPROVAL OF AN ORDINANCE AMENDING

[9.A. Consider approval of an ordinance amending the city's utility customer service leak adjustment policy in Section 82-11 of Division 1 “Utility Charges and Fees” of Article 1 "General" of Chapter 82 "Utilities" of the City of Burleson Code of Ordinances. (First Reading) (Staff Presenter: Jesse Elizondo, Director of Customer Service)]

THE CITY'S UTILITY CUSTOMER SERVICE LEAK ADJUSTMENT POLICY IN SECTION 82-11 OF DIVISION 1, UTILITY CHARGES AND FEES OF ARTICLE 1 GENERAL OF CHAPTER 82 UTILITIES OF THE CITY OF BURLINGTON CODE OF ORDINANCES.

THIS IS BEFORE CITY COUNCIL ON FIRST READING THIS TOP PRESENTER IS JESSE ALEXANDER, DIRECTOR OF CUSTOMER SERVICE.

>> GOOD EVENING, MAYOR AND COUNCIL.

I'M HERE TONIGHT TO PRESENT TO YOU ALL THE UTILITY CUSTOMER SERVICE LEAK ADJUSTMENT POLICY ORDINANCE ON FIRST READING.

FOR ANYONE WHO MAY BE WATCHING THAT MAYBE WASN'T AT THE LAST COUNCIL MEETING.

I WANTED TO JUST DO A QUICK TIMELINE OF OUR LEAK ADJUSTMENT POLICY.

THAT'S ONE OF OUR PUBLIC WORKS WATER EMPLOYEES RIGHT THERE AND WE'RE HOPING THAT NONE OF OUR CUSTOMERS HAVE TO DEAL WITH A LEAK THAT'S QUITE LIKE THAT.

BUT THE LAST TIME WE MODIFIED THIS POLICY WAS IN JANUARY 20 OF 2015.

OUR PREVIOUS COUNCIL MEETING ON AUGUST 21ST, SAP PRESENTED TO COUNCIL QUITE A FEW THINGS RELATED TO THE POSSIBLE MODIFICATION OF THIS POLICY.

IT WAS WHERE THE POLICY HAS BEEN OVER THE LAST FEW YEARS WHERE IT CURRENTLY IS AND THEN ALSO, WE LOOKED AT A LARGE GROUP OF COMPARABLE CITIES AND WHAT THEY DID AS FAR AS FREQUENCY OF USE FOR LEAKAGE, LEAK ADJUSTMENT POLICIES, REQUIREMENTS FOR ELIGIBILITY, AND ALSO THE CALCULATIONS FOR HOW THEY FORGAVE LEAK ADJUSTMENTS.

COUNCIL HAD DISCUSSION AND GAVE GOOD DIRECTION TO STAFF AND WE'RE BRINGING ALL OF THAT BACK AS THE FIRST READING OF THIS ORDINANCE, THAT'S TODAY, AND THEN FOR THE NEXT MEETING, WE WILL HAVE THE FINAL READING OF THAT ORDINANCE.

WE'VE HAD SOME QUESTIONS ON THIS, SO I JUST WANTED TO ADDRESS IT SINCE THERE'S NO PUBLICATION REQUIREMENTS FOR THIS PARTICULAR ORDINANCE, THAT POLICY WILL GO INTO EFFECT AS SOON AS IT'S PASSED.

BUT EFFECTIVELY, IT WILL BE THE NEXT DAY BECAUSE WE WON'T BE OPEN WHEN WE PASS IT THAT NIGHT, SO IT'LL BE THE NEXT BUSINESS DAY.

ANYONE CAN USE THIS POLICY THAT NEXT BUSINESS DAY.

THEN BECAUSE WE'RE LOWERING THE FREQUENCY QUITE A BIT AND CHANGING SOME OF THE REQUIREMENTS IN CALCULATIONS, STAFF WILL MONITOR HOW MANY CREDITS ARE BEING USED AND HOW MUCH MONEY IS GOING OUT AS FAR AS WATER CREDITS AND WE'LL OBVIOUSLY UPDATE CITY MANAGEMENT AND COUNCIL AS WE GO ALONG.

I WANTED TO PUT THE TWO LEAK ADJUSTMENT POLICIES SIDE-BY-SIDE SO WE CAN SEE EXACTLY WHAT WE'RE CHANGING.

YOU CAN SEE THERE'S QUITE A DROP IN THE FREQUENCY.

IT'S CURRENTLY ONCE EVERY 10 YEARS.

WE'RE DROPPING IT TO ONCE EVERY 24 MONTHS.

THE REQUIREMENTS ARE STAYING RELATIVELY THE SAME.

THE EVIDENCE OF REPAIR, PROOF THAT THERE'S A LEAK AND THEN ALSO SHOWING THAT THE LEAK WAS TAKEN CARE OF, THE DATES AND EVIDENCE OR REPAIR COINCIDING WITH THE DATES OF HIGH USAGE AND IT'S OPEN TO RESIDENTIAL AND COMMERCIAL.

THAT'S ALL CURRENTLY IN THE POLICY.

FOR REQUIREMENTS, WE ARE ADDING THAT THE CUSTOMER REPLY WITHIN 90 DAYS OF THE REPAIR.

THEN ALSO FOR THE CALCULATIONS, WE'RE GOING WITH OUR CURRENT RUNNING 12-MONTH AVERAGE.

OBVIOUSLY, THAT AVERAGE DOESN'T INCLUDE THE MONTHS THAT YOU HAD THE LEAK AND THEN FORGIVENESS IS ANYTHING ABOVE THAT AVERAGE.

WE ARE ADDING IN THAT IF THERE'S NOT A 12-MONTH HISTORY, WE CAN UTILIZE ANY HISTORY WE HAVE WITH THE ACCOUNT OR A CITYWIDE AVERAGE THAT ALLOWS US FOR MORE PEOPLE TO BE INCLUDED IN THE POLICY BECAUSE WE ALWAYS HAVE A RUNNING 12 MONTH HISTORY OF EVERYONE'S ACCOUNT.

THEN OF COURSE, THE NEW CALCULATION WOULD BE LEAK ADJUSTMENTS.

WE WILL BE GIVING FORGIVENESS ON LEAK ADJUSTMENTS TO COVER 50% OF HIGH USAGE ABOVE THAT 12-MONTH RUNNING AVERAGE UP TO A $500 HARD CAP.

[02:55:03]

THIS MIGHT BE A LITTLE BIT OF OVERKILL, BUT I WANTED TO SHOW THE FULL POLICY AS IT WILL APPEAR IN THE ORDINANCE.

IT'S IN CHAPTER 82 AND UTILITIES SECTION 11B, AND THIS IS THE FULL WRITE-UP OF THE POLICY.

WE CAN COME BACK TO THIS IF ANYONE WANTS TO LOOK AT IT IN DETAIL, BUT I WANTED TO AT LEAST HAVE IT ON HERE AND SHOW WHAT IT WILL LOOK LIKE ONCE IT'S ADDED TO THE CODE OF ORDINANCES.

COUNCIL OPTIONS TONIGHT ARE TO APPROVE THE ORDINANCE HAS WRITTEN ON FIRST READING, TO APPROVE THE ORDINANCE WITH ANY CHANGES THAT THEY MIGHT HAVE.

OBVIOUSLY, WE COULD MAKE CHANGES TONIGHT AND THEN BRING IT BACK ON FINAL READING.

THEN OBVIOUSLY, YOU WILL ALWAYS HAVE THE OPTION TO DENY THE ORDINANCE.

STAFF IS RECOMMENDING APPROVAL OF ORDINANCE AS WRITTEN.

IF ANYONE HASN'T SEEN OUR 311 VIDEOS THAT OUR AMAZING COMMUNICATION TEAM PUTS OUT THERE VERY EDUCATIONAL AS FAR AS WHAT WE DO FOR 311.

THIS IS THE ONE REPORTING WATER LEAKS FOR THE CITY.

BUT THEY'RE ALSO DONE IN A VERY ENTERTAINING WAY AND THEY DO IT TO PROMOTE OUR THRILLED ONE, SO I FIGURED I'D PUT THAT IN THERE AS A 311 SHOUTOUT.

AT THIS POINT, I'LL TAKE ANY QUESTIONS OR COMMENTS FROM COUNCIL. ANYBODY?

>> JESSE, CAN YOU GO BACK MY PAGE?

>> CERTAINLY. THIS ONE?

>> NO, FORWARD.

>> THIS ONE?

>> OKAY. IT LOOKS GOOD. THANK YOU.

>> THANK YOU. ANYBODY ELSE?

>> THANKS FOR BRINGING IT BACK SO FAST. YOU'RE READY TO ROLL.

IS THERE A MOTION? I'LL MOVE TO APPROVE AS PRESENTED, I LIKE THE WAY YOU DID THAT LIKE THAT.

>> MOTION BY ADAMS. SECOND, BUT VICTORIA, PLEASE VOTE. THERE YOU GO.

>> THANK YOU ALL VERY MUCH.

>> PASSES UNANIMOUS.

>> THAT BRINGS US TO 9B,

[9.B. Consider approval of a minute order to reject bids for ITB 2023-013 ITS Construction. (Staff Presenter: Eric Oscarson, Director of Public Works)]

CONSIDER APPROVAL OF A MINUTE ORDER TO REJECT ALL BIDS FOR ITB 2023-013, ITS CONSTRUCTION.

THE STAFF PRESENTER IS ERIK ASGEIRSSON, DIRECTOR OF PUBLIC WORKS. MR. ASGEIRSSON.

>> THANK YOU, MS. MARK CAMPOS.

GOOD EVENING, MAYOR, COUNCIL.

TONIGHT I BRING FORWARD TO YOU A MINUTE ORDER FOR A REJECTION OF A SINGULAR BID FOR THE ITS CONSTRUCTION.

REAL QUICK, JUST GIVE A LITTLE BIT OF A BACKGROUND.

ITS STANDS FOR INTELLIGENT TRANSPORTATION SYSTEM, SO IT'S AN ADVANCED APPLICATION THAT WE USE TO MODIFY DIFFERENT MODES OF TRANSPORTATION AND TRAFFIC MANAGEMENT, ALLOWS USERS TO BE BETTER INFORMED AND MAKE SAFER AND SMARTER DECISIONS WITH REGARDS TO TRANSPORTATION.

IN THE PAST IN 2018, THE CITY ENGAGED KIMLEY-HORN & ASSOCIATES TO DEVELOP A PLAN FOR ITS, CITY COUNCIL ADOPTED THAT PLAN IN 2019.

INCLUDED IN THAT PLAN IS THE ADVANCED TRAFFIC MANAGEMENT SYSTEM OR A ATMS. THAT'S THE SOFTWARE THAT WE USE TO MONITOR TRAFFIC, MAKE RECOMMENDATIONS FOR ADJUSTING TRAFFIC FLOW.

LOCAL CONTROL SOFTWARE THAT GIVES US THE ABILITY TO ACTUALLY ADJUST THE TRAFFIC SIGNALS REMOTELY, AND THEN OBVIOUSLY BUILDING A TRAFFIC MANAGEMENT CENTER.

INCLUDING IN THAT WAS VEHICLE DETECTION THAT ALLOWS THE TRAFFIC SIGNALS TO DETERMINE THAT VEHICLES ARE ACTUALLY AT THE SIGNAL AND TRIGGERS THEM TO CHANGE.

SIGNAL CONTROLLERS, THAT'S THE HARDWARE WITHIN THE CONTROL BOX.

PTC CAMERAS FOR US TO MONITOR THE INTERSECTIONS AND THEN OBVIOUSLY WORKSTATIONS WITHIN THE TRAFFIC MANAGEMENT CENTER.

OBVIOUSLY, THE GOALS OF THIS SYSTEM WAS TO IMPROVE MOBILITY AND EFFICIENCY, ESPECIALLY ALONG THE 174 CORRIDOR.

IN 2020, KIMLEY HORN & ASSOCIATES WAS HIRED TO DEVELOP THE CONSTRUCTION DOCUMENTS FOR THIS PLAN.

AGAIN, WITHIN THE CONSTRUCTION DETAILS THEMSELVES WAS THE TRAFFIC MANAGEMENT SOFTWARE AND HARDWARE, THE PURCHASE AND INSTALLATION OF NEW VEHICLE DETECTION SYSTEMS. TRAFFIC MANAGEMENT CENTER, INCLUDING A VIDEO WALL AND WORKSTATIONS, FIELD, CLOSED CIRCUIT TELEVISION SYSTEM FOR MONITORING THE INTERSECTIONS, AND THEN WHAT WE IDENTIFY AS EMERGENCY VEHICLE PREEMPTION.

THAT'S HARDWARE AND SOFTWARE THAT GOES INTO THE SIGNALS AS WELL AS FIRE RESPONSE VEHICLES.

JUST A COUPLE OF VISUALS.

THE DOCUMENTS ON THE LEFT IDENTIFY ALL THE TRAFFIC SIGNALS THAT WE WOULD BE IMPLEMENTING THE SYSTEM ON.

THE IMAGE ON THE RIGHT IS A DIAGRAM OF WHAT THE TRAFFIC MANAGEMENT CENTER WOULD LOOK LIKE.

THREE KIOSKS FOR STAFF TO WORK AND MONITOR TRAFFIC.

VIDEO WALL THAT WILL ALLOW US TO MONITOR TRAFFIC CONTINUOUSLY.

PEOPLE WORKING AT THOSE STATIONS WOULD BE ABLE TO MAKE CHANGES TO TRAFFIC SIGNALS AS NEEDED.

IF WE HAD EMERGENCY OPERATIONS, WE CAN ADJUST TRAFFIC SIGNALS.

IF WE HAD SPORTING EVENTS AND WE WANT IT TO BE ABLE TO CONTROL THEIR MELAMINE, HAVE OFFICERS CONTROL THE LIGHTS, WE CAN ACTUALLY DO IT REMOTELY FROM THESE AREA.

EVENTUALLY THIS WILL BE AT THE SERVICE CENTER IN THE HEART AND SPACE NEXT TO WHERE THE CAD HARDWARE WILL BE AS WELL.

I THINK WE'VE TALKED ABOUT THIS IN THE PAST.

THIS WOULD BE AN AREA THAT THERE HAD BEEN AN EMERGENCY WE COULD POSSIBLY RUN OUR DISPATCH CENTER OUT OF HERE AS WELL AS A BACKUP.

[03:00:01]

JUST A QUICK UPDATE ON TRAFFIC SYSTEMS. CURRENTLY WE MEAN 16 TRAFFIC SIGNALS THROUGHOUT THE CITY.

THERE ARE 27 TEXTA SIGNALS THAT ARE MAINTAINED BY TEXTA.

AS PART OF THE IMPLEMENTATION OF THE ITS, WE WOULD TAKE OVER MANAGEMENT OF THOSE 27 TEXTA SIGNALS.

WE DID RECEIVE AN HSIP GRANT SO HIGHWAY SAFETY IMPROVEMENT PROGRAM, WHICH IS OPERATED BY TEXTA, WE WERE AWARDED A GRANT FOR THE ALSBURY CORRIDOR.

THE CITY IS CONTRIBUTING ABOUT $90,000 TO THAT PROJECT AND WE'RE GETTING OVER $740,000 IN IMPROVEMENTS.

THAT IS FOR A PARTIAL IMPLEMENTATION OF THE ITS SO WE'RE GETTING NEW VEHICLE DETECTION AND DIFFERENT THINGS LIKE THAT.

UNFORTUNATELY, THAT GRANT DOESN'T COVER ALL THE PTC CAMERAS AND ALL THE OTHER HARDWARE AND SOFTWARE WE'RE GOING TO NEED AS PART OF IT, BUT IT DOES HELP US TOWARDS THIS PROJECT.

THIS IS GOING TO BE DESIGNED AND CONSTRUCTED INDEPENDENTLY OF THE ITS.

THIS PROJECT WE'RE FINISHING UP CONSTRUCTION DOCUMENTS CURRENTLY.

WE'RE GOING TO BE BRINGING FORWARD THE CONSTRUCTION, ONCE WE GO OUT TO BID IT WILL GO OFF FOR CONSTRUCTION, THEN IT'S A REFUNDABLE GRANT BY TEXTA.

THE ITS FUNDING.

THIS IS PARTIALLY GO BOND FUNDED AND NOT GO BOND FUNDED FOR A TOTAL OF $2.5 MILLION.

THE DESIGN CONTRACT WAS ABOUT 155,000 WITH KIMLEY HORN, WHICH GIVES US ABOUT $2.3 MILLION FOR AVAILABLE CONSTRUCTION FUNDING.

WE DID INITIATE A INVITATION TO BID THIS YEAR.

UNFORTUNATELY, WE ONLY HAD TWO PEOPLE THAT DOWNLOADED THE BID AND ONLY ONE SUBMITTED.

THAT BID WAS JUST SHY OF $3.1 MILLION, WHICH IS SIGNIFICANTLY OVER BUDGET.

OBVIOUSLY SUPPLY CHAIN ISSUES AND SOME OTHER THINGS ARE CAUSING THAT COST TO GO UP.

AT THIS TIME WE ARE LOOKING AT A COUPLE OF OPTIONS, SOME ALTERNATE SOURCES OF FUNDING.

WE LOOKED AT COG.

WE'VE SPOKEN WITH THEM.

THEY'VE PUT US ON A WAITING LIST TO POSSIBLY BE LOOKED AT TO BE ADDED TO THEIR FUNDING IN JANUARY AND FEBRUARY, DEPENDING ON WHAT THAT TIMING LOOKS LIKE.

IF WE DO GO WITH COG FUNDING, IT WOULD HAVE TO BE THROUGH FEDERAL STANDARDS, SO WE'D SEE ABOUT AN 18-24 MONTH DELAY IN THE PROJECT JUST BECAUSE OF TIMING OF DOING ENVIRONMENTAL STUDIES, YOU HAVE TO REDESIGN FOR FEDERAL STANDARDS VERSUS OUR STANDARDS THAT WE CAN SET FOR OURSELVES.

WE DO HAVE $1.5 MILLION INCLUDED IN THE 5-YEAR CIP.

STAFF IS RECOMMENDING TO USE THAT $1.5 MILLION TO COMPLETE THIS PROJECT AS QUICKLY AS POSSIBLE.

WE ARE ALSO REVIEWING THE CONSTRUCTION DOCUMENTS TO IDENTIFY OPPORTUNITIES FOR SAVINGS.

WE'RE GOING TO BE LOOKING TO POSSIBLY SPLIT THIS UP.

WHEN WE WENT OUT TO BID, THAT WAS ALL ONE PACKAGE.

WE WENT OUT, AND SO WE HAVE THE WORK THAT NEEDS TO BE DONE AT THE TRAFFIC SIGNALS.

WE HAVE THE WORK THAT HAS TO BE DONE TO BUILD THE TRAFFIC MANAGEMENT CENTER.

WE HAVE HARDWARE COMPONENTS THAT ALL NEED TO BE AT ALL PUT TOGETHER.

WHEN WE WENT OUT TO BID, IT WAS ONE ITEM, AND SO WE YOU ENDED UP HAVING WAS ONE GENERAL CONTRACTOR HAVING TO SUB OUT A LOT OF THE DIFFERENT WORK WHICH WE THINK DROVE THE PRICE UP.

WHAT WE'RE DOING NOW IS WE'RE WORKING WITH OUR CAPITAL GROUP AND OUR IT GROUP TO SEE IF OUR IT CAN HELP IDENTIFY SAVINGS IN PURCHASING A LOT OF THE SWITCHES AND A LOT OF THAT HARDWARE.

AND THEN WE'RE LOOKING AT PULLING THIS APART INTO SEPARATE AREAS, WHERE WE'RE GOING TO HAVE WORK DONE AT THE TRAFFIC SIGNALS THEMSELVES.

A DIFFERENT GROUP BUILD THE TRAFFIC MANAGEMENT CENTER IN AN EFFORT TO TRY TO BREAK IT UP INTO FOUR OR FIVE DIFFERENT CONTRACTS, BRING IT BACK TO YOU AND TRY TO DRIVE THOSE SAVINGS NOW.

THIS TIME, THE CITY STAFF IS RECOMMENDING APPROVAL OF A MINUTE ORDER TO REJECT THE BIDS FOR ITB 2023-013 FOR ITS CONSTRUCTION. I'LL TAKE ANY QUESTIONS.

>> WHO IS THE SUBMITTER?

>> ITERIS. SO ITERIS IS THE NAME OF THE COMPANY THAT WE USE FOR IT, THE MAIN COMPANY.

IT'S A SUB VENDOR OF THEM THAT WAS THE ONE SUBMITTER.

IT WAS PROPRIETARY FOR THEIR TYPE OF SOFTWARE SO THAT WAS WHY WE FELT WE ONLY GOT TWO.

WE FEEL IF WE BREAK IT APART, IT'LL MAKE IT A LOT EASIER FOR US TO HAVE DIFFERENT PEOPLE BIDDING ON IT.

INSTEAD OF HAVING ONE PERSON THAT'S SPECIFIC WITH THE HARDWARE AND THE TMS SOFTWARE, WE'LL FIND SOMEBODY THAT CAN DO THE TRAFFIC WORK, THE TMS STUFF AND SPLIT IT UP.

>> I KNOW YOU HAVE A LOT OF AVAILABLE VENDORS FOR THE ACTUAL HARDWARE INSTALLATIONS AND THINGS LIKE THAT, BUT NONE OF THOSE THAT I KNOW OF HAVE BEEN INTERESTED IN OVERALL MANAGEMENT SYSTEM INVOLVING BUILDING, REMODELING, AND GOD KNOWS WATER ALL ELSE, SO I UNDERSTAND.

>> ERICK, WHEN DO WE PLAN ON TAKING OVER THE TEXTA LOCATIONS?

>> WE WON'T TAKE OFF OVER THE TEXTA LOCATIONS UNTIL WE START THIS IMPLEMENTATION.

WHEN WE COME BACK TO YOU WITH THE NEW CONTRACTS FOR BUILDING THE TRAFFIC MANAGEMENT CENTER AND BUILDING ALL THESE THINGS, WE'LL COME BACK AT THAT TIME WITH TAKING OVER THE TRAFFIC SIGNALS.

>> OKAY. IT'S TEXTA PUTTING ANY PRESSURE ON US OR IS THIS JUST ON US?

>> NO. IT'S ON US. IT'S OUR TIME-FRAME.

THEY UNDERSTAND, THEY'RE CONTINUING TO MAINTAIN THEIR SYSTEM AND DO WHAT THEY DO, AND UNTIL WE'RE READY TO TAKE IT OVER.

WE HAVE NO OBLIGATION TO TAKE IT FROM THEM.

[03:05:02]

THE LAST CENSUS, WE ARE LESS THAN 50,000 PEOPLE, SO WE WEREN'T OBLIGATED TO DO SO SO IT'S REALLY ON OUR TIME TIMETABLE TO GET IT DONE.

>> OKAY. THANK YOU ERICK.

>> [INAUDIBLE] FOR A MOTION.

>> I MAKE A MOTION TO APPROVE THE REJECTION OF BID.

>> MOTION BY [INAUDIBLE] A SECOND BY VICTORIA, PLEASE VOTE.

UNANIMOUS. THANKS, ERICK.

THAT BRINGS US TO ITEM 9C,

[9.C. Consider approval of an ordinance amending Article III “Flood Damage Prevention” of Chapter 42 “Floods” of the City of Burleson Code of Ordinances. (First Reading) (Staff Presenter: Errick Thompson, Deputy Public Works Director)]

CONSIDER APPROVAL OF AN ORDINANCE AMENDING ARTICLE III, FLOOD DAMAGE PREVENTION OF CHAPTER 42 FLOODS OF THE CITY OF BURLINGTON CODE OF ORDINANCES.

THIS ORDINANCES BEFORE CITY COUNCIL ON FIRST READING, THE STAFF PRESENTED TONIGHT IS ERIC THOMPSON, DEPUTY PUBLIC WORKS DIRECTOR. MR. THOMPSON.

>> THANK YOU. AND GOOD EVENING.

SEEING THE HOUR. I'LL TRY TO BE AS BRIEF, AS ALMOST AS BRIEF AS POSSIBLE.

A COUPLE OF OBJECTIVES IN THIS PRESENTATION.

I WANT TO GIVE A VERY QUICK OVERVIEW OF FLOODPLAIN MANAGEMENT, DO A QUICK COMPARISON OF CURRENT FEMA, AND THEN CITY REGULATIONS FOR FLOODPLAIN.

TALK ABOUT A FEW PROPOSE MINOR AMENDMENTS TO THE CURRENT CITY REGULATIONS, AND THEN MOST IMPORTANTLY, GET YOUR FEEDBACK IN ORDER TO UPDATE THE ORDINANCE.

AS YOU'RE ALL WELL AWARE, BURLINGTON HAS GROWN A LOT OVER THE LAST 15-PLUS YEARS.

THE IMAGE OVER TO THE LEFT SIDE OF THIS SLIDE IDENTIFY SOME OF THOSE DEVELOPMENTS THAT TOOK PLACE OR ARE CURRENTLY TAKING PLACE IN THE 2006 TO ABOUT 2020 TIMEFRAME.

LOT OF COMMERCIAL DEVELOPMENT, A LOT OF INDUSTRIAL.

WE'VE HAD A LOT OF NEW PARKING LOTS AND RESIDENTIAL SUBDIVISIONS, AND ALL THOSE THINGS GENERATE MORE IMPERVIOUS AREA WHICH AS YOU'RE AWARE, WOULD ADVERSELY IMPACT THE FLOODPLAINS IF NOT PROPERLY MANAGED.

SOME OF THE BENEFITS OF MANAGING THE FLOODPLAIN OR REGULATING WOULD BE TO HELP PRESERVE THE LAND THAT'S INTENDED BY NATURE TO BE WHERE WATER IS STORED DURING A FLOOD.

WE WANT TO REGULATE SO THAT LANDS AVAILABLE TO DO WHAT IT WAS INTENDED FOR.

BECAUSE WE REGULATE AS A CITY, IT ALSO MAKES THE CITY ELIGIBLE FOR MEMBERSHIP IN THE NATIONAL FLOOD INSURANCE PROGRAM.

THAT BRINGS ALONG A COUPLE OF BENEFITS AS WELL.

IF WE WERE IN THE POSITION OF HAVING A NATURAL DISASTER, FLOOD-RELATED, IT WOULD MAKE US ELIGIBLE FOR ADDITIONAL RELIEF.

THEN IT ALSO ALLOWS ALL BARRELS AND PROPERTY OWNERS TO PURCHASE FLOOD INSURANCE.

AS YOU'RE PROBABLY AWARE, FEMA REQUIRES FLOOD INSURANCE ON FEDERALLY-BACKED LOANS FOR HOMES THAT ARE LOCATED WITHIN THE FLOODPLAIN.

I WANTED TO NOTE THAT THE COUNTY ACTUALLY REGULATES FLOODPLAINS WITHIN THE ETJ.

THERE ARE REGULATIONS ARE GENERALLY LESS RESTRICTIVE THAN THE CITIES, BUT IT'S IMPORTANT TO NOTE THAT EVEN DEVELOPMENT OUT IN THE COUNTY CAN AFFECT FLOODING IN THE CITY.

A LITTLE BIT MORE ABOUT MAPPING.

FEMA DEVELOPS THESE SPECIAL A 100-YEAR SPECIAL FLOODPLAIN HAZARD AREA MAPS.

FIRST MAP FOR BARRELS WAS BACK IN 1973, AND 1991 COUNTYWIDE MAPS BEGAN TO BE ISSUED IN THIS AREA.

THE MOST RECENT UPDATE WAS 2012.

THERE'S OTHER REGULATIONS THAT ADDRESS WHAT YOU CAN AND CAN'T DO FOR MODIFICATIONS, EVEN TWO STRUCTURES THAT ARE WITHIN THE FLOODPLAIN.

THIS NEXT SLIDE, IT'S A PRETTY LOT OF INFORMATION HERE, BUT REALLY JUST TRYING TO EXPLAIN THAT THE 100-YEAR STORM.

IT'S A LOT OF MATH AND ENGINEERING, BUT IT'S BASICALLY ANTICIPATING WHAT HAPPENS FLOOD-WISE WHEN THERE'S 3.75 " OF RAIN IN ONE HOUR IN THAT STORM OR THAT STORM EVENT THAT WE PLAN FOR HAS A 1% CHANCE OVER A RECURRING EVERY YEAR.

THE DIAGRAM ON THE LEFT KIND OF WALK YOU THROUGH THE THREE MAIN PORTIONS OF THE FLOODPLAIN OR THE FRINGE BASE FLOOD ELEVATION IS WHERE YOU WOULD EXPECT THE FLOOD TO THE SURFACE OF THE FLOODWATERS TO BE IN THAT 100-YEAR EVENT THAT I MENTIONED BEFORE.

THE FLOODWAY, THAT'S WHERE ALL THAT WATER FLOWS, AND THEN THE FRINGE IS BASICALLY OUTSIDE OF THAT HUNDRED-YEAR FLOOD PLAIN OR FLOODWAY.

[03:10:10]

THOSE MAPS THAT I MENTIONED BEFORE CAN BE AMENDED A FEW DIFFERENT WAYS.

GOT LETTERS OF BLACK MAP AMENDMENT.

YOU ALSO HAVE MAP REVISIONS BASED ON FILL AND THEN LARGER JUST MAP REVISION.

ALL OF THESE REQUIRE VARYING LEVELS OF ENGINEERING ANALYSIS, AND THEN WHEN YOU GET DOWN TO THE BOTTOM, THE LAMAR MAP REVISION, NOW YOU'VE GOT MORE EXTENSIVE ENGINEERING STUDIES THAT COULD CAUSE TENS OF THOUSANDS PLUS A NOT INSIGNIFICANT FEE TO FEMA TO SUBMIT THAT PACKAGE AND HAVE IT REVIEWED.

THIS SLIDE, I WANTED TO GIVE A LITTLE BIT OF A COMPARISON OF FEDERAL REGULATIONS VERSUS CITY REGULATIONS.

I'LL TALK THROUGH THE DIAGRAM FIRST.

THAT'S A FAIRLY DECENT GRAPHIC.

WISH I'D THE TIME TO ANIMATE THIS TO KIND OF BUILD IT FROM MY STEPS.

BUT IF YOU STARTED IN THE CENTER OF THE BOTTOM.

WHERE'S MY MOUSE? THIS AREA FLOODPLAIN BEFORE FILLING HERE, THIS LOWER BLACK LINE IS THE SURFACE OF THE WATER WOULD BE EXPECTED TO BE DURING A FLOOD.

THAT'S A 100-YEAR FLOOD AGAIN.

BUT IF WE CAME BACK AND LET'S SAY SOMEONE WANTED TO FILL PART OF THAT FLOODPLAIN IN ORDER TO DEVELOP SOMETHING ON IT.

IN THIS CASE, IN THIS EXAMPLE, IT LOOKS A COUPLE OF FACTORIES WERE BUILT.

WELL NOW THAT RAISES THE ELEVATION OF THE FLOOD WATER BECAUSE YOU'VE GOT A GOOD PORTION OF THAT WIDTH OF FLOODWAY THAT'S NOW NOT AVAILABLE TO HOLD FLOODWATERS ANYMORE.

THE RESULT OF THAT IS THESE HOUSES TO THE RIGHT ARE ALSO NOW SUSCEPTIBLE TO FLOODING, AS WELL AS THE FACTORIES THAT WERE BUILT.

ANOTHER REASON WHY IT'S JUST IMPORTANT TO REGULATE THE FLOODWAY OVER TO THE RIGHT.

FEMA VERSUS CITY, FEMA MODELING IS BASED ON EXISTING CONDITIONS.

LET'S SAY THEY WORK TYPICALLY GOING TO BE MORE STRINGENT AND WE ACTUALLY MODEL TO BUILD OUT CONDITIONS, SO THERE'S A LOT MORE DETAILED DATA IN THE MODELING DONE BY THE CITY.

FEMA ALLOWS YOU TO INSTALL FILL IN THE FRINGE AREA AS LONG AS YOU DON'T CREATE MORE THAN A 1'' RISE AND THAT FLOOD ELEVATION.

ON THE CITY SIDE, WE KEPT AT IT, WE WANT WE DON'T WANT ANY INCREASE IN THE FLOOD ELEVATION AT ALL, SO IT'S MORE RESTRICTIVE.

FEMA ONLY RECOMMENDS THAT THE LOWEST FLOOR OF THE BUILDING BE SET AT LEAST 1 FT ABOVE THE BASE FLOOD ELEVATION. OVER ON THE CITY SIDE.

AGAIN, MORE RESTRICTIVE. IT'S A REQUIREMENT.

IT'S NOT A RECOMMENDATION, BUT IT'S A REQUIREMENT THAT THE LOWEST FLOOR BE AT LEAST TWO FEET HIGHER THAN THE FLOOD ELEVATION.

FEMA ALLOWS SOME STRUCTURES TO BE BUILT IN THE FLOODPLAIN.

AS LONG AS YOU'RE AT OR ABOVE THAT BASE FLOOD ELEVATION.

LOCAL REGULATIONS REQUIRE THAT ALL NEW STRUCTURES HAVE TO BE BUILT OUTSIDE OF THE FLOODPLAIN.

NEXT SLIDE, GIVES A LITTLE BIT MORE DETAIL ON HOW LARGE AND SMALL DEVELOPMENTS IN THE FLOODPLAIN UNREGULATED HERE IN BERLIN.

THE TWO SETS OF CRITERIA, PRIMARILY THE SAME EXCEPT OBVIOUSLY IF YOU'RE A LARGER YOU HAVE MORE REQUIREMENTS.

ON THE BOTTOM OF THE GREATER THAN TWO ACRES SIDE, YOU SEE A COUPLE OF THE MAJOR ADDITIONAL REQUIREMENTS ARE THAT SURVEY OF PATH LIGHTS FROM THE DEVELOPER HAS TO BE PROVIDED.

THAT SHOWS THE GRADING PLAN HAS TO BE PROVIDED.

WE ALSO REQUIRE FORM BOARD SURVEYS WITH ELEVATIONS BEFORE THE SLAB CAN BE BORED.

THEN, THERE'S ANOTHER REMINDER AT THE BOTTOM THERE THAT JOHNSON COUNTY HAS JURISDICTION OVER THE FLOODPLAIN WITHIN THE ETJ, BUT THE CITY IS STILL IMPOSE THE STORMWATER DETENTION REQUIREMENTS AS PART OF THE SUBDIVISION ORDINANCE WITHIN THE ETJ.

IN ADDITION TO PROVIDING A HIGH-LEVEL OVERVIEW OF HOW THE FLOODPLAIN IS CURRENTLY REGULATED,

[03:15:01]

WE ALSO WANTED TO PROPOSE SOME RELATIVELY MINOR UPDATES TO THE CURRENT ORDINANCE.

RECENTLY, FEMA UPDATED COUNTYWIDE MAPS FOR TARA AND JOHNSON COUNTIES.

SINCE WE ARE PART OF THE NATIONAL FLOOD INSURANCE PROGRAM, MEANING THAT WE HAVE OUR OWN REGULATIONS, THEY ALSO REQUIRED THAT THE CITY UPDATE OUR ORDINANCE TO REFLECT THESE NEW MAPS.

WE HAVE TO DO THAT BY SEPTEMBER 21ST OF THIS MONTH.

OUR ORIGINAL ORDINANCE WAS ADOPTED IN 1971, LAST UPDATED IN 2008.

WE'VE GOT ABOUT SEVEN CHANGES THAT WE'RE RECOMMENDING.

THESE ARE BOTH REQUIRED TO ALIGN WITH FEMA.

THEY HAVE A MODEL ORDINANCE, BUT THEN THEY ALSO REFER TO THE TEXAS WATER DEVELOPMENT BOARD WHO HAS A MODEL ORDINANCE FOR THE STATE OF TEXAS.

WE'RE REQUIRED TO SEND THIS DRAFT ORDINANCE TO BOTH OF THOSE ENTITIES.

THEY'VE REVIEWED AND APPROVED WHAT'S BEFORE YOU AND THIS SLIDE GIVES YOU A REALLY HIGH-LEVEL OVERVIEW OF THOSE SEVEN CHANGES.

SOME OF THESE ARE JUST CLEANING UP LANGUAGE.

NUMBER 7 IS ACTUALLY A CLAUSE ADDED FROM LEGAL.

PROBABLY, ONE OF THE MAJOR CHANGES IS THAT EVERY TIME MAPS ARE UPDATED, WE'RE SUPPOSED TO GO BACK AND AS CURRENTLY WRITTEN, WE WOULD NEED TO UPDATE THE ORDINANCE.

WELL, WE'VE GOT LANGUAGE NOW THAT AUTOMATICALLY INCORPORATES NEW MAPS AS THEY'RE PUBLISHED WITHOUT HAVING TO COME BACK THROUGH THE PROCESS.

THEN FOR THE MAJORITY OF THE REST, THAT WAS REALLY JUST ADHERING TO THE REQUIREMENTS OF THE MODEL LANGUAGE FROM FEMA AND THE STATE.

NEXT STEPS, WE'D HAVE A FINAL READING ON SEPTEMBER 18TH, AND THEN WE SUBMIT THE APPROVED ORDINANCES TO FEMA AND THE TEXAS WATER DEVELOPMENT BOARD BY THAT SEPTEMBER 21ST DEADLINE.

WITH THAT, AGAIN, WE ACTUALLY RECOMMEND THAT YOU WOULD APPROVE THE ORDINANCE. AS PRESENTED.

I SPENT A NUMBER OF PHOTOS IN THIS PRESENTATION THAT ALL HAVE COME FROM AROUND BURLESON AND AT DIFFERENT POINTS IN TIME.

WE THINK AN IMPORTANT THING FOR THE CITY TO CONTINUE PROVIDING LEADERSHIP ON IN THE REGION AS FAR AS THE STRENGTH OF OUR ORDINANCE. ANY QUESTIONS?

>> OUR POLICY, OUR ORDINANCE PROHIBITING RAISING THE BASE FLOOD ELEVATION AT ALL, HAS ALREADY BEEN ON THE BOOKS PRIOR TO THIS PRESENT. NO QUESTIONS SIR.

>> ANYBODY ELSE?

>> SIR, YOUR MOTION.

>> SECOND THE MOTION.

>> I HAVE A MOTION BY DAN AND A SECOND BY LARRY, PLEASE VOTE.

>> PASSES. UNANIMOUS.

>> NOT THAT I WANT IT TO FLOOD, BUT I SURE HOPE THIS INVITES SOME RAIN.

[LAUGHTER] LOOKING AT THESE PICTURES LIKE, THAT'S WHAT THE LAKE USED TO LOOK LIKE.

WELL, I DON'T WANT FLOODING CONDITIONS.

IT WOULD JUST BE NICE TO GET A SMUDGE OF THAT.

>> IT'S ALMOST WHAT IT WOULD TAKE TO FILL IT AT THIS POINT, UNFORTUNATELY.

>> IT'S MAYOR AND COUNCIL. THAT BRINGS US TO ITEM 9D AND 9E.

[Items 9.D. & 9.E. ]

I WILL CALL THOSE FORWARD TOGETHER, TWO SEPARATE MOTIONS, BUT ONE PRESENTATION SO,9D IS CONSIDER APPROVAL OF A THREE-YEAR CONTRACT WITH YELLOWSTONE LANDSCAPE AND LLC FOR THE MOWING OF TIER TWO PROPERTIES FOR MONTHLY MOWING CYCLES FOR AN AMOUNT NOT TO EXCEED $395,279.23 AND 9E, CONSIDER APPROVAL OF A THREE-YEAR CONTRACT WITH BST MOWING FOR MOWING OF TIER 3 (WEST) PROPERTIES FROM MONTHLY BOEING CYCLES FOR AN AMOUNT NOT TO EXCEED $235,019.61.

THAT STAFF PRESENTER TONIGHT IS JEN VASHEM, DIRECTOR OF PARKS AND RECREATION. JEN.

>> GOOD EVENING, MAYOR AND COUNCIL.

THANK YOU, SECRETARY.

THIS EVENING WE ARE BRINGING MOWING CONTRACTS BACK FOR TIER 2 AND TIER 3 (WEST).

I'LL GIVE A LITTLE BIT OF BACKGROUND ON WHAT THOSE SERVICES ARE, WHAT THE DESCRIPTION OF THOSE TIERS ARE, WHAT OUR BID SUMMARY IS, AND THEN OPTIONS MOVING FORWARD.

THE BACKGROUND ON THIS IS WE ARE IN

[03:20:02]

YEAR 2 OF A FIVE-YEAR RIGHT-AWAY MOWING CONTRACT THAT WAS FORMALLY APPROVED BACK IN NOVEMBER OF 21, WE'VE HAD SOME CONTINUING CHALLENGES WITH OUR CONTRACTORS' ABILITY TO PERFORM AND THE MOWING SPECIFICATION OVER THESE TWO GROWING SEASONS.

WE'VE HAD TWO GROWING SEASONS.

WE'VE HAD CONTINUAL ISSUES WITH OUR CURRENT CONTRACTOR, AND SO WE DECIDED THAT IT WAS NECESSARY TO SOLICIT NEW BIDS JUST FOR THESE TWO SPECIFIC TIERS FOR THE THREE REMAINING YEARS OF THE CONTRACT.

PARK BOARD DID REVIEW THIS AND UNANIMOUSLY RECOMMENDED THIS ON AUGUST 24TH.

THE SERVICES THAT ARE INCLUDED IN RIGHT AWAY ARE MOWING, EDGING, LINE TRIMMING OR WEED EATING, MINOR LITTER REMOVAL, BACK-PACK BLOWING, AND THEN OF COURSE, REMOVING ALL THE SUCKERS OFF OF OUR TREES.

THE MAP TO THE RIGHT SHOWS YOU WHERE TIER 2 IS, TIER 2 IS A BIWEEKLY SERVICE AND TIER 3 (WEST) IS A MONTHLY SERVICE, AND THAT IS THE YELLOW IN THE MAP, WHICH IS VERY SMALL, BUT WE CAN GIVE YOU THE GIS LINK IF YOU EVER WANT TO GO IN AND EXPLORE WHERE ANY OF OUR RAILWAYS ARE.

FOR TIER 2, LIKE I SAID, THIS IS A BIWEEKLY SERVICE.

IT'S 20 CYCLES PER YEAR.

ALL OF OUR MOWING SCOPE IS TYPICALLY MARCHED THROUGH NOVEMBER, BUT THAT 20 CYCLES ALLOWS US A LITTLE BIT OF MOBILITY IF WE END UP WITH RAIN EARLY IN THE SEASON, WE NEED TO START MOWING EARLIER OR WE NEED TO EXTEND THE SEASON BECAUSE IT STAYS WARM AND ACTUALLY HAVE RAIN IN THE FALL.

THIS CONSISTS OF 33 PROPERTIES AND ABOUT 90 ACRES.

THEN, TIER 3 (WEST) IS A MONTHLY SERVICE, SO WE DO 10 CYCLES PER YEAR ON THIS CONTRACT.

IT'S LOW TRAFFIC AND VISIBILITY RIGHT AWAY.

THERE'S 37 PROPERTIES AND IT'S APPROXIMATELY 100 ACRES OF PROPERTY.

FOR TIER 2, WE ARE AWARDING BASED OFF OF BEST OVERALL VALUE THAT THERE WERE THREE TOTAL RESPONSIVE BIDDERS.

YOU CAN SEE THE RANGE THERE.

THE LOW WAS 125, THE HIGH WAS 257.

STAFF IS RECOMMENDING AWARDING WITH YELLOWSTONE LANDSCAPE AND THAT LOW BID AMOUNT WITH A 5% CONTINGENCY IN THE AMOUNT OF 131,759.

WE ARE ANTICIPATING USING OUR EXISTING CONTRACT FUNDS TO DO THIS MOVING FORWARD.

FOR TIER 3 (WEST), SAME THING, BEST OVERALL VALUE.

WE DID ACTUALLY HAVE FOUR BIDDERS ON THIS ONE.

THE LOW BID WAS 74,609 AND THE HIGH WAS 199,800.

BST MOWING IS ACTUALLY WHO DOES OUR BROWNNESS TRACTOR MOWING.

THEY DO OUR TIER 3 EAST AND THEY DO A PHENOMENAL JOB SO WE'RE REALLY IN SUPPORT OF THEM.

THEY ACTUALLY EVEN CAME IN LOWER THAN OUR EXISTING BEDS SO THEIR TOTAL CONTRACT FOR THE THREE YEARS WOULD BE $235, 019.61.

WE WANTED TO MAKE SURE THAT WE WERE VERY TRANSPARENT IN THE WAY THAT THIS SHAKES OUT IN THE LONG RUN.

AS YOU'LL SEE THAT TOP ROW IS TIER 2 YELLOWSTONE.

THAT'S THE CURRENT BID THAT WE'RE LOOKING TO AWARD THIS EVENING AND BELOW THAT YOU'LL SEE WHAT OUR CURRENT VENDORS' PRICE HAS BEEN.

THE DIFFERENCE BETWEEN THOSE AWARDS AND THEN SAME THING FOR TIER 3 (WEST) WITH BST VERSUS OUR CURRENT VENDOR.

THE NET INCREASE OVER THE TOTAL OF THREE YEARS WILL BE $77,929.

THAT DOES INCLUDE THE 5% CONTINGENCY AND WE DO ALLOW SOME LATITUDE BECAUSE WE DO THE 10 CYCLES FOR TIER 3 (WEST), AND 20 FOR TIER 2.

WE'RE HOPING WE CAN ABSORB THE VAST MAJORITY OF THAT DIFFERENCE IN OPERATIONAL.

IF NOT, WE'LL BE MOVING FORWARD WITH A BUDGET AMENDMENT. ANY QUESTIONS?

>> THEY'RE OUT OF IT. ANY VOTE TURNOUT

>> YES. TWO VOTES. I'LL MOVE TO APPROVE.

>> THIS IS ON BAD DAY.

>> YELLOWSTONE LANDSCAPING, CORRECT?

>> D AND E, WE'RE DOING BOTH AT THE SAME TIME?

>> NO, WE'RE GOING TO DO MOTION FOR EACH ONE.

THE MOTION IS NOW FOR 90 FOR YELLOWSTONE.

>> I HAVE A MOTION BY VICTORIA AND THE SECOND BY RONNIE, PLEASE VOTE. MOTION PASSES UNANIMOUS.

>> NOW, COUNSEL, IF YOU COULD VOTE ON 9E, THE BST.

>> [INAUDIBLE] TO PASS 9E.

>> I HAVE A MOTION BY PHIL AND A SECOND BY ADAM, PLEASE VOTE.

>> COACH, WAS THAT A MOTION TO APPROVE?

>> TO APPROVE YES. I'M SORRY.

>> YES, HE SAID PASS, BUT YES.

>> I'M SORRY.

>> THANK YOU MAYOR AND COUNCIL, THAT BRINGS US TO 9F,

[9.F. Consider approval of a Right-of-Way Use Agreement for outdoor patio seating and metal awning at 112 E. Ellison Street, Old Texas Brewing Company restaurant. (Staff Presenter: Errick Thompson, Deputy Public Works Director)]

CONSIDER APPROVAL OF A RIGHT-OF-WAY USE AGREEMENT FOR

[03:25:01]

OUTDOOR PATIO SEATING AND METAL AWNING AT 112 EAST ELLISON STREET, OLD TEXAS BREWING COMPANY RESTAURANT.

THIS IS BEFORE CITY COUNCIL BEING PRESENTED BY ERIC THOMPSON, THE DEPUTY PUBLIC WORKS DIRECTOR.

>> ERIC.

>> CAN YOU PLEASE SPEAK UP A LITTLE BIT?