[0:08] All right, we're going to call this [0:09] regular city council meeting of July [0:11] 8th, 2026 [0:13] uh to order at 6:01 p.m. [0:18] We will start with our moment of [0:19] silence. Please arrive if you are [0:21] willing and able. [0:45] All right, we'll proceed into our [0:46] pledges. [0:48] I pledge algiance to the flag of the [0:51] United States [0:59] and justice for all [1:02] the Texas flag [1:06] one state [1:08] one and indivisible. [1:12] » Thank you all. We'll do our roll call to [1:14] establish quorum. Uh, council member [1:17] Crystal Richardson. [1:19] >> Council member Chris Garber. [1:23] » I [laughter] [1:28] council [1:29] pass [1:32] >> and mayor [1:33] >> here. Thank you. [1:36] >> We'll move into our proclamation. Uh, [1:38] haven't note that council member Richard [1:41] too. [1:42] not to call your office. [laughter] [1:45] Um, [1:46] >> I have 603. Uh, [1:48] >> oh, [laughter] [1:50] you're right. My phone. [1:54] >> We'll move into our proclamations and [1:56] presentations. July 2026 is National [1:58] Park and Recreation Month in the city of [2:00] Wood Creek. Uh, please note that we have [2:02] several parks in the city. Please uh [2:04] make an attempt to go out and enjoy them [2:06] when you can. We have Augusta Park, [2:08] which is where the two August meet near [2:09] Brook. We have Creekide Park which is at [2:12] playground. We have the Triangle Park [2:13] where we have our gazebo. And we have [2:15] Veterans Memorial Plaza which is at the [2:17] entrance with the flags. [2:21] We will move into our public comment [2:22] portion of the meeting. Please remember [2:24] the rules. We do not allow profanity, [2:26] personal attacks, or threats. You will [2:29] have three minutes to speak. [2:32] We will start with the in-person [2:34] comments. And we do have one written [2:37] comment. Our city secretary will be [2:38] reading our written comments from now [2:40] on. [2:41] >> The agenda item suits. [2:43] >> Okay, perfect. And um we will be timing [2:47] the written public comment in order to [2:50] make sure we can read at a pace where [2:52] people can understand. If you don't [2:54] mind, I'm going to take a moment to make [2:56] the note about that during that item. [3:06] » All right. First on the public comment [3:07] list, we have Miss Stewart. [3:11] Hello. [3:13] >> Hello. [3:13] >> Good evening. Good evening. [3:17] >> Hello. I'm kind of soft spoken. Can you [3:18] hear? [3:19] >> Yeah. [3:19] >> All right. All right. Uh my subject [3:22] tonight is uh reinstating a budget item [3:26] funding for speed cushions on the east [3:28] end creek drive. Uh, dear council, I'm [3:31] writing to urge you to reinstate budget [3:34] funding from speed cushions on the east [3:36] end of Woodry Drive. Slowing down [3:38] traffic in this area of public safety [3:40] necessity. Two specific locations [3:43] require traffic calming to prevent [3:45] accidents. Near 16 Creek Drive, there's [3:49] a blind curb. It severely restricts [3:51] visibility with vehicles are backing out [3:53] of the driveways down near 7 Wood Creek [3:56] Drive which is where I live at. Inbound [3:59] speeding cars appear without warning [4:01] causing numerous close calls. Installing [4:03] cushions near 16 wood creek by upstream [4:06] from there will force drivers to slow [4:08] down before this blind curve. Uh and [4:11] then near Wood Five Wood Creek Drive [4:14] which is the golf course spot. [4:16] Uh the golf cart crossing here is [4:18] dangerous. Carts must navigate like an [4:20] L-shaped path that's keeping them in the [4:23] roadway longer. Furthermore, heavy shade [4:26] makes the carts difficult to see during [4:27] the day. Speed cushions before this [4:30] crossing by going eastbound are [4:33] essential to slow oncoming traffic down [4:35] so drivers can save the gear. I feel [4:38] like you can kind of guess who's for one [4:40] there because sometimes it's hard to see [4:43] the cars crossing. uh investing these [4:45] speed cushions is a proactive lowc cost [4:48] measure to protect residents, drivers, [4:50] and golfers alike. Thank you for [4:51] prioritizing our community safety. Yeah. [5:01] Next on our list, we have Miss Liver. [5:08] Thank you. [5:11] First of all, my thanks go to the [5:14] council [5:16] veneer and our staff who work so hard to [5:20] make Wood Creek a very special place to [5:22] build. I have been in Wood Creek 22 [5:27] years and I must say they've been the [5:30] greatest years of my life. [5:33] Woodri was just not old retired doctor. [5:38] It's changed. Our demographics have [5:41] changed. All the empty lots are gone. [5:44] Most [5:46] >> we're a growing city where people want [5:49] to live. Families, young families with [5:54] two of the cutest ones you've ever seen [5:56] from across the street. But and I think [5:59] of them when I think of the reason we're [6:02] here tonight and that's asking you to [6:05] please reinstate funding for the I like [6:08] to call them traffic. [6:12] The reason being um we have um a busy [6:19] road drive being one of the main streets [6:22] in Woodbury and um people sometimes are [6:29] speeding. I don't know if they're just [6:31] passing through or they actually live [6:33] here, but um the street cushions would [6:38] really be effective if it placed [6:42] near my home at 1600 drive and then [6:45] probably there uh where the land and [6:49] Michael [6:50] um and if they if people who are [6:54] entering Wood Creek, whether they're [6:56] visiting or residents, when they see [6:59] that they know that this is a community [7:02] that prioritize its safety for its [7:05] citizens, its squirrels, its little [7:08] farms. [7:09] >> I've buried many of the squirrel [7:12] on the tree drive and perhaps [7:16] I'm more cognizant of that because if [7:19] you know me, I still love to mow. I [7:22] still love to pull weeds whether in my [7:25] uh yard or down to entry. And so I see a [7:29] lot of uh fastm moving traffic and I [7:34] would really really appreciate it if you [7:36] would reconsider [7:38] uh the funding and add funding for [7:42] additional speed pushes on your driving. [7:45] Thank you so much. [7:47] >> I'd also like to resubmit a [7:54] petition. Thank you. [7:56] >> Yeah. uh that was re was was actually [8:00] submitted last year, but almost everyone [8:03] who lives [8:05] from the beginning of Woodbury Creek up [8:07] to where I think Brent lives signed and [8:10] is invaluable. Thank you so much. [8:13] >> Thank you, ma'am. Your time. Appreciate [8:16] you. [8:18] >> All right. Next up, we have Mr. Hayes. [8:26] Good evening, elected officials of Wood [8:28] Creek and the citizens of Wood Creek. My [8:30] name is Richie Hayes. I live at 12 Wood [8:33] Creek Drive and I inviting y'all to [8:37] reinstate the money for these speed [8:39] bumps. I want to point out a few things [8:42] that maybe have been overlooked. [8:46] On the weekends, we have a lot of golf [8:50] course traffic. [8:52] I understand we have a sign posted that [8:54] says 25 mph radar enforce. [8:58] It's not being enforced very well from [9:01] what I see. I've been passed backing out [9:04] of my driveway and starting forward [9:06] towards 12 numerous times by cars [9:11] and I'm asking y'all to please rethink [9:15] this because somebody's going to get [9:17] hurt and I do not want to see that. [9:21] Thank you for your time. [9:30] » Next up, we have Mr. Pulley. [9:36] » Yes, my name is Brett Pley. I want to [9:38] thank you guys again for all the hard [9:39] work you do up here on the council, you [9:41] know, representing our community. Again, [9:43] um that being said, I'm concerned with the idea of this budget. you know, [9:48] this is something that we thought was [9:49] kind of a done deal. Space three, we've [9:52] been told it's coming and waiting. We [9:54] thought, okay. Um, and for some reason, [9:56] that thing got pulled. And I I respect [9:58] the the debate about that and concerned, [10:01] but I I think it's clear that we really need that speed there. We really [10:05] want you to put that back in in the [10:06] budget if you can. Uh, you know, one of [10:09] the things that's a really dangerous for [10:10] whatever strip. And I do a lot of [10:12] walking through here. You can't tell it [10:14] from the big belly anchor, but um I do [10:18] walking and walking through that. That [10:20] is one of the most dangerous stretches [10:21] for me. When I come to on cycle, I'm [10:24] like I got to be super careful because [10:26] this is if I'm going to get it, this is [10:28] going to be that little stretch of area [10:29] that I'm going to get hurt. And it's I [10:32] don't know what it is about it, but it [10:33] just is people are going fast trying to [10:35] get to the highway. They forget that [10:37] we're a neighborhood. You've got [10:38] families walking that area. You've got [10:41] kids on bikes. You've got promo [10:44] bicycles. You've got uh you know a [10:46] neighborhood that's trying to enjoy [10:47] their neighborhood. And I think it's [10:49] critical that you reinstate that, you [10:51] know, for the sake of our neighborhood. [10:53] And and [clears throat] we were relying [10:54] upon that. We thought we had a process [10:56] that we've worked through for years, [10:58] Chris, and some of the others I serve [11:00] with on the council and I thought we had [11:02] that in place. I thought we were okay. [11:05] So, I'd like you to rethink that and [11:07] reinstate that speed cushion. And I [11:09] think the way to do it is just bring it [11:11] back as a regular agenda item and then [11:14] do it as a budget amendment. But we're [11:16] begging you, you know, to fulfill that [11:18] promise that you made to us that we were [11:20] going to get some relief over there. And [11:22] so we had one discussion. We worked with [11:26] engineers. We worked with a ton of [11:28] people. These folks as well as people [11:30] that couldn't be here today all behind [11:32] us and they're behind you. And we want [11:34] to get that back in the budget. So, [11:36] please do what you got to do to make [11:38] that happen sooner than later. Again, [11:41] thank you so much and keep up good work. [11:43] Thanks. [clears throat] [11:44] >> Thanks, sir. [11:47] >> All right. I believe that concludes our [11:49] public comment period. Uh we will move [11:52] into our consent agenda. Do I have a [11:55] motion to approve? [11:58] >> We approve agenda. [12:00] >> We have a motion to approve the consent [12:01] agenda. Seconded by council member [12:03] Bailey, made by Rosco. [12:07] All in favor, please raise your hand and [12:08] say I. [12:09] >> I. [12:10] >> Unanimous. Consent agenda passes. [12:15] We'll move into the reports. Um, our [12:19] city administrator is out of town, but [12:22] going to call and zoom in with us [12:25] here. [12:31] Sorry, we don't have Thank you so much. [12:36] » Can y'all can y'all hear me? [12:38] >> Yeah. [12:38] we got him. [12:39] >> Okay. Um just going to be real quick. [12:42] You know, the sheriff's uh report, he's [12:44] been active. Um he got several tickets. [12:48] Um as you noticed, there's uh he's after [12:51] the ebikes, so he's keeping an eye out [12:53] for that. And um hopefully that'll [12:58] come to a head at some point. Um [13:02] code enforcement uh we had a pretty good [13:04] busy month of June. Uh we had uh 11 [13:09] vegetation dangerous growth. Um most of [13:12] them were empty lots, but uh those of uh [13:15] all but two have been as of last week, [13:17] all but two of them were open. Um or all [13:20] but two of them were resolved. Um we had [13:24] seven trailers, one was left unresolved. [13:27] We had one trash um you know, junk [13:30] accumulation that's been taken care of. [13:31] And then also there was an open burning [13:34] um um note that we sent out and that's [13:37] been resolved. uh engineering update. Um [13:42] the Wood Creek private drive [13:44] reconstruction, the bids are in Civcast [13:47] and they're out for bids are due on July [13:50] 29th. Um they're targeting the August [13:53] 12th council meeting um to for the bid [13:56] award. Uh with construction anticipated [13:59] in September, [14:01] uh drainage site for the Westwood Brook [14:04] Hollow. Um they just got their task [14:07] order uh approved task order in and [14:10] they're working on um next Tuesday we [14:13] have uh the next steps which is just [14:15] kind of a coordination of all that needs [14:17] to happen uh with the location and [14:20] easement um with the full set of [14:24] preliminary plans due around October. [14:27] Um, also I've talked with the golf [14:30] course um um contractor that's redoing [14:35] the cart pass. He's going to we're going [14:37] to work together with him on the cart [14:39] path that's in that area as well. So [14:41] that that's going pretty well. And then [14:44] city hall updates is pretty quiet. The [14:46] main thing is we've had a bunch of tree [14:47] trimming and um removal permits since [14:51] June 1st or July 1. Is it July? June [14:54] 1st. Anyways, we've we've been busy. So, [14:58] uh, that's about it. Pretty short and [15:01] sweet. [15:02] >> Thank you. [15:03] sir. Thank you. [15:05] >> Um, next on the agenda, we move into our [15:08] regular agenda. Um, it's the item [15:11] concerning our audit and financial [15:12] statements. We're going to start with a [15:14] presentation on this and then we'll um [15:17] go with a motion. So, I believe J is [15:21] online with us now. I just like the [15:27] What? [15:31] » We won't be able to project that and [15:33] have them online. That's why I was [15:34] asking if we were using that. [15:38] >> And by the way, the microphones are not [15:39] hot yet, so y'all don't have to speak [15:42] into them. [15:51] » No. Uh, everyone. So, in your packet, [15:54] um, is the full [15:56] report on your desk or sorry in your [15:59] pack full audit on your desk is the [16:01] report portion only. Um we received this [16:04] after the agenda was posted fairly [16:06] recently actually and then additionally [16:09] council members on your desk at least [16:11] four of you had a letter that you needed [16:14] to fill out and send to them. [16:18] >> Um so if you could make sure to do that [16:19] before you leave tonight so we can get [16:21] that to them. That was something we were [16:22] delinquent on. Um, [16:25] >> okay. Jeremy, whenever you're ready, [16:27] we're going to start with your [16:28] presentation and if we could let him [16:30] finish speaking before we start asking [16:32] questions and then we can move into the [16:34] question portion after we have a motion [16:36] on the table. [16:38] >> I appreciate that. Can everyone hear me? [16:40] All right. [16:42] >> Yes. [16:42] >> Okay, cool. Uh, thanks mayor and um, and [16:45] thanks council for having me here today [16:47] and allowing me to join join remote. [16:49] It's kind of a last minute thing. I just [16:50] had something come up that um you know I [16:52] couldn't afford the the commute time [16:55] from San Antonio, but I appreciate the [16:57] flexibility and the the capabilities [16:58] that the the council has to let me [17:00] remote in. [17:02] Um so everyone got uh the the thick [17:04] bound uh document um is basically your [17:08] financial statements for the city of [17:09] Wood Creek for the fiscal year ended [17:10] September 30th, 2025. I'll cover a very [17:13] high level of the the financial [17:15] highlights uh that I I I feel are are worth mentioning, but I'm I'm happy [17:20] to go over any details. So, um again, if [17:22] [clears throat] there's any questions, [17:23] I'll I'll I'll dive in as as much as [17:25] y'all want uh to go over. Starting on [17:28] page one, um a few pages in is our [17:32] independent auditors report. I do want [17:34] to mention this is a draft. Um there [17:36] still can be changes if if if there [17:38] needs to be, but it's in draft mode [17:40] until uh council accepts the audit. So [17:43] once council accepts the audit, we can [17:45] go ahead and finalize it and provide it [17:47] to Jim and he can distribute however he he needs to. [17:51] So uh again starting on page one is our [17:54] independent auditors report. This is [17:56] actually only uh two or three pages that [17:58] belongs to us, the independent auditors. [18:00] Basically states what we're engaged to [18:02] do. First uh paragraph is the most [18:04] important and that's our opinion. Um we did audit the accompanying financial [18:08] statements for the governmental uh [18:10] activities. Each major fund and the [18:12] aggregate remaining fund information for [18:14] the city of Wood Creek for the fiscal [18:15] year end is September 30th, 2025. [18:18] We find the financial statements as [18:20] presented are in compliance with [18:22] generally accepted accounting [18:23] principles. That's the highest opinion [18:24] you can get from an independent [18:26] accounting firm. Basically states [18:28] there's no modifying um statements or [18:30] departures from GAAP. um in the [18:32] statements you have in front of you. So [18:34] it's a clean opinion. [18:36] Uh the basis for our opinion is is [18:38] basically stating that we gathered [18:40] evidence in accordance with our auditing [18:42] standards required and those are the [18:43] general generally accepted auditing [18:45] standards of the United States. Those [18:47] are the standards we followed to do our [18:48] audit. We did have a change in [18:50] accounting principle that was required [18:52] for the fiscal year and it's called [18:54] gazsby statement number 101 over [18:56] compensated abses. those have been that change has been implemented in your [19:01] financial statements. So um uh that we [19:05] that was needed to comply with US [19:07] generally accepted accounting [19:08] principles. [19:10] The next few pages is basically more uh [19:12] boilerplate language on who's [19:14] responsible for these financial [19:15] statements and that's management of the [19:18] city. Our responsibilities is just to [19:20] issue an opinion and gather evidence in [19:22] accordance with our standards. [19:27] Going through the report on page 17 is [19:30] our balance sheet over the governmental [19:32] funds. These are the funds that the city [19:34] manages um on a month-to-month basis and [19:37] Jim manages on a day-to-day basis. Um [19:40] but there's major funds that are are [19:43] more highly active and then there's [19:45] other governmental funds. We have a back [19:47] schedule that that still presents all [19:49] the uh non- major funds but we aggregate [19:52] them in a single column here on page 17. [19:56] So, your major funds for the fiscal year [19:58] were the general fund, the debt service [20:00] fund, the capital projects fund, and the [20:03] new drainage fund. Um, previously we had [20:06] the ARP fund, but through discussions [20:08] with management, um, we had to rename [20:10] that to the drainage fund. [20:15] Uh, your total assets for the fiscal [20:17] year was 1.1 million in the general [20:19] fund. Um, of that 995,000 is is embedded [20:24] in your cash and investments at Texas [20:25] class and and um your your local bank. [20:30] Your overall fund balance for the [20:31] general fund was 1.1 million. Uh 276,000 [20:36] of that was assigned for capital uh [20:38] projects and the remaining 832 is [20:41] unassigned for ongoing city operations. [20:44] Um I will say that 832 amounts to about [20:47] 15 months of operating reserves. So, [20:49] it's a very healthy fund balance for the [20:50] general fund. [20:53] Um, the rest of the major funds, uh, [20:55] I'll I'll highlight their ending fund [20:57] balance for the fiscal year, and it's [20:59] pretty comparable to the cash balance. [21:01] So, again, very liquid, um, uh, health [21:05] for each of the funds presented here. Um [21:07] total fund balance for the uh debt [21:09] service fund was 89 uh,000 and that's [21:13] restricted for debt service requirements [21:15] um on your your new note or I'm sorry [21:17] your new tax uh bond. [snorts] Uh [21:21] capital projects fund was is 518,000 [21:24] and that's restricted for capital [21:26] projects in accordance with your bond uh [21:28] proceeds. And then your drainage fund is [21:31] assigned um based off y'all's um ARP [21:34] funding for future journey projects. and [21:36] that was 471,000 [21:39] and that includes not only the corpus of [21:41] the art funds but also interest earned [21:43] on on that sitting in the Texas class. [21:45] So it amounts to 471,000 [21:50] couple pages on page 19 is our income [21:53] statement for the governmental funds. [21:55] I'll just cover the general fund because [21:56] that's the the most activity it was in [21:58] that one. Um, our total revenues for the [22:01] general fund was 885,000. [22:04] Of that, roughly 750,000 of that is in [22:07] uh taxes. So, it's either property [22:09] taxes, your heavy heavy revenue source, [22:12] and then you also get some sales and [22:14] franchise taxes. [22:16] Total operating expenditures was 642 and [22:19] that was all in the general government [22:21] um of of the general fund. Uh overall, [22:24] we did increase our general fund fund [22:26] balance by 170,000. Again, good year for [22:30] the general fund. Uh debt service uh did [22:33] have a net increase of 70,000. Our [22:36] capital projects dipped about 431 and [22:38] that was due to some completed some [22:40] ongoing construction projects that the [22:43] capital projects fund was funding. And [22:45] then our drainage funds increased by [22:47] 20,000 and that's all the interest [22:48] earned during the year. [22:54] The rest of the the bound document is [22:56] more uh detailed notes to the financial [22:59] statements. It gives a little more [23:00] descriptive language on the balances [23:02] themselves. I wasn't going to highlight [23:04] any of those unless there was one that [23:06] y'all um that caught y'all's eye and I [23:08] can go into further detail on those if [23:10] you'd like. [23:13] >> Does this conclude your your [23:14] presentation portion [23:16] >> for the bound document? Yes. Uh do you [23:19] want me to go into the the report that [23:20] you was handed out today? [23:23] >> Yeah. Do you mind? And then we'll just [23:24] then we'll do the the item and then we [23:26] can open up some questions. [23:28] >> Sure. So the the the item that was [23:30] passed out to you um earlier today. Um [23:34] again, sorry that wasn't included in [23:35] your bond pack or your your board packet [23:37] to to look at beforehand, but I'll I'll [23:39] cover I'll cover the the highlights of [23:41] this and if there's any questions um [23:43] I'll happy to answer them. Um so this is [23:47] our required communication with those um [23:49] charging governance or the city council [23:51] of of the city of Wood Creek. Basically [23:53] states how the audit went. Um there was [23:56] again a new accounting policy adopted um [23:58] starting on page one of the document. [24:02] There was a new uh accounting uh [24:04] standard uh implemented that was gazby [24:06] number 101 again on competences. [24:09] There's some estimates embedded in the [24:11] financial statements. We evaluate those [24:13] and management's estimate estimates and [24:16] uh they're comparable consistent with [24:17] the years prior. No no huge changes [24:19] there. There was some um no there was [24:23] some difficulties encountered um in [24:25] performing the audit and that was just [24:26] getting the trial balance um timely. As [24:29] you know we we did miss the March 31st [24:31] uh mandated state deadline. Um and so [24:35] that was the difficulties the only [24:36] difficulties in performing the audit was [24:38] just getting the trial balance and [24:40] getting the audit started. um timely. [24:44] There were some corrected u [24:46] misstatements. There were no uncorrected [24:47] misstatements in the financials. U [24:49] management has made all the audit [24:51] adjustments which amounted to about 20 [24:53] journal entries um in the fiscal year. [24:56] And I've attached those um towards the [24:58] back end of the um the letter here. We [25:01] didn't have any disagreements um with [25:04] management um or or uh if we did, we [25:07] would have to disclose that to you. [25:09] managers provided us everything we [25:11] needed to conduct our audit. [25:13] And then y'all did comply with the [25:15] public funds investment act. And that's [25:17] um basically making sure that you're up up to date on your investment [25:21] policy, your train uh your investment [25:23] officers are are getting their training [25:25] that they need and comply with that that [25:27] um investment act and that you're not [25:29] investing anything um that's not allowed [25:32] in the investment act. [25:36] on page three is kind of the the [25:38] highlight of this um this letter and [25:41] that's our material weaknesses. These [25:43] didn't change from the prior year when [25:45] we came to you in December of last year. [25:48] Um there was some some some issues with [25:50] the bank reconciliations again this year [25:53] and just getting those timely done. So [25:55] we just recommend that the bank wrecks [25:57] get uh more timely uh managed and we [25:59] think the that with the new bookkeeper [26:01] that that that process is already in [26:03] place. But during the year it wasn't um [26:07] wasn't in place and that's what that [26:08] that's why it warranted the comment [26:10] here. [26:12] Also reconciliation of accounts again we [26:15] had 20 journal entries uh over the [26:18] city's um fund fund statements and so [26:21] having the city um reconcile those on a [26:24] monthly basis or more periodic basis um [26:27] would give you a true picture of the [26:29] financial position of the of the city. [26:30] So, um, getting those, um, fixed up and [26:33] getting the bookkeeper to to, uh, manage [26:36] those reconciliations would would go a [26:38] long way. And that's all I have for the audit, um, presentation. I'll [26:43] take any questions you have on anything [26:45] I discuss or the audit process in [26:47] general. [26:49] >> Do we have a motion on the table for [26:51] item number one on the regular agenda? [26:58] I move that we [27:00] accept [27:02] um the audited or receive [27:06] just accept that we accept the audited [27:09] basic financial statement and [27:11] supplemental schedules and independent [27:13] audit report by ABIP BC for fiscal year [27:18] ended September 30th 2021. SEI motion [27:22] made by Mayor Carton Rasco and seconded [27:25] by council member Richardson as stated [27:27] in the packet to accept the audit. Do we [27:31] have any questions or comments at this [27:35] time? [27:38] Is that yes? [27:42] Um [27:45] could you look at page nine? [27:49] Sure. [27:51] Which part? The one in the packet. The [27:54] balance one. Do you have [27:55] >> the one that was in the agenda? [28:03] Not this new one that we just ended up. [28:07] Um [28:09] some of these are just maybe there [28:12] because it's acting so many other things [28:14] done. But uh on the note it says [28:20] revenues uh total 1.448 [28:25] which is an increase of 18 percentage. [28:28] Um you can look at one [clears throat] [28:30] of above 1.448 [28:33] compared to 1.48 [28:35] and that's not 18%. [28:38] It's actually 2.9%. [28:41] And so that note actually came over from [28:46] the 2024 [28:48] audit. [28:50] So 2024 audit it was an 18% [28:55] um difference [28:57] increase but [29:00] it's not 18% here. Okay. Um [29:06] the next [29:07] >> Yeah. Yeah. I agree. I agree that that [29:08] number should be 2.8%. 8%. [29:12] >> Yes. [29:13] >> Yeah. [29:15] >> Okay. Um [29:17] so [29:20] the same note um it says there's 52,000 [29:25] or just the next note which is a [29:29] decrease 52,000. [29:32] It's due to reduced professional [29:33] services. Um that line is directly from [29:37] 2024 audit [29:40] but um those fees were actually [29:46] the professional fees were 41,000 higher [29:51] actual to actual [29:53] and um so I think some of these mills [29:57] need to be adjusted [29:59] to what actually happened some of were [30:04] adjusted [30:05] requirement. [30:07] Okay. on page 10. [30:10] Um [30:14] this says second paragraph [30:18] it says general fund was 832,000 [30:23] of total 1.1 [30:27] on the prior year [30:34] it says the general fund was 377,000 [30:41] Uh later on it goes on to say that the [30:46] in paragraph three [30:48] u the go bond series 2023 [30:52] it's 89,000 for debt service and a [30:55] remaining balance of 832,000 [31:00] on a side. [31:02] But in 2024, [31:04] that remaining balance was said to be [31:08] 377,000. [31:11] So that is a $454,000 [31:15] change. And so sometimes you'd think a a [31:19] fund would go down, but this is going [31:22] up. Now, there's a number that keeps [31:25] popping up. It's 426,000. [31:29] Uh that is an adjustment [31:33] and this may be what's going on now. [31:37] That's on page [31:39] 43. [31:41] >> Can I can I address your number 10 real [31:43] quick? [31:44] >> Yes. Okay. [31:45] >> Okay. So that third paragraph, the 832. [31:49] So this is just describe that that's the [31:51] amount that's unassigned for future use. [31:53] So that that directly ties um to page [31:58] uh I think it's 17. [32:01] So you can see the the components of [32:03] your fund balance. You have some that [32:05] are committed, assigned, restricted, and [32:08] unassigned. If you look at the far right [32:10] column, it's just summarizing those [32:14] in that paragraph. So, so the 832 [32:18] was related to what was out what was the [32:20] fund balance for future use at the end [32:23] of 2025. [32:25] And I think the difference that you're [32:26] mentioning the 450 that was because we [32:30] had a prior period adjustment related to [32:32] the 4 that the ART funds [32:37] >> that you mentioned the 426 that that's [32:39] those were the ART funds that weren't [32:41] realized and we realized them in the [32:43] current year. [32:45] Can you explain uh because there's also [32:48] a place what's called unearned [32:51] or deferred revenue is [32:55] >> okay what you're talking about there. [32:58] Okay. So [33:00] when the fire audit says it was [33:05] um 377,000 [33:08] that was just [33:12] » that didn't include that that that [33:14] didn't include that that did not include [33:16] the unearned revenue of 426 that was in [33:20] the ARP fund. [33:22] >> Okay. So [33:24] >> yeah. Yep. [33:25] >> And so we realized that revenue in the [33:27] current year. [33:29] >> Well, I guess it was a prior period [33:31] adjustment. So we realized it in the [33:33] prior year. It should have been it [33:35] should have been realized in the prior [33:36] year. [33:37] >> Yeah. [33:37] >> Okay. [33:40] Um the next sentence, general [33:45] funds. [33:47] Um, [33:50] again, this is kind of a lack of text [33:54] being updated. It says the actual [33:57] expenditures are 95,000 [34:00] less and that's due to salaries general [34:03] office expense mini court but in [34:07] actuality [34:09] um salaries were down by so this is [34:12] 95,000 [34:13] 3500 office was over by 9,000 [34:18] and the median court was 5,000 budgeted [34:23] that's only that's down a,000 of [34:25] dollars. So what really happened there [34:29] was [34:30] the increase [34:33] the budget was high [34:37] by about 80,000 on a contract services [34:42] line but um the actual to actual was [34:48] 41,000. [34:50] So these might seem picky block and [34:53] still an honor should be accurate. So [34:56] >> I gotcha. And you're referring to the [34:57] general fund budgetary highlights, [34:58] correct? That's where you're at. [35:01] >> General fund budgetary highlights [35:04] that. [35:05] >> Okay. [35:05] >> Yeah, we we we worked with Jim on this [35:07] to to provide us information on what [35:10] caused the difference in the actual [35:12] versus budget. And um so we'll have to reook at that and and give [35:17] a better explanation on what what caused [35:19] the difference between actual and budget [35:22] final budget. [35:24] >> Um the same goes for the next line [35:28] 147,000 [35:30] actual revenues. Um that really had to [35:35] do with franchise fees taxes services [35:39] and some other income. Um and I just [35:44] have one more main area to go over [35:49] now which page on capital assets. Let's [35:53] just keep on page 10. Um it says that [35:57] there is an increase of 533,000. [36:02] Um [36:05] but our revenue and expense report shows [36:10] 459,000 [36:13] which your numbers are probably more [36:14] correct but how where do you find those [36:19] um capital improvement numbers and is [36:22] there a place where it's it's summarized [36:25] because [36:27] >> okay yeah [36:29] >> if if you go to page uh sorry It's in [36:32] the footnotes. If you go to page 31, [36:44] so that 533,000 [36:47] if you look at this table that shows [36:49] your your capital assets for [36:52] governmental activities, if you look at [36:54] the bottom where it says governmental [36:56] activities, capital assets, comma, net, [36:58] it's the difference between your [37:00] increases and decreases. [37:02] So the 802,000 [37:05] 426 [37:07] which includes the actual cost of [37:09] constructions and capital improvements [37:12] as as well as dep less depreciation on [37:15] your existing assets and then the [37:17] subtraction the subtraction is is your [37:20] disposal of assets and completion of [37:23] your projects which equals the 269 241. [37:27] So the sum of those two or the net of [37:29] those two is your 533 [37:32] 185. [37:34] >> But is there a place where they are [37:37] identified? [37:38] Um let's say [37:43] okay in our reports we we identify [37:49] safety enhancement [37:51] we identify drainage. Is there anywhere [37:54] in your report where it isolates [37:57] what has been approved? [38:00] >> I'm sorry. In my report that what is [38:02] what [38:04] >> which [38:05] items of what capital improvements [38:09] specifically are? [38:11] >> No, no, no. We're not required. we in [38:15] the in the MDNA section which is your page 10 over capital assets we can [38:20] add some language in there to describe [38:22] it but it's not required to to be [38:25] presented we the we do have a schedule [38:28] that details out what your capital [38:30] projects are and what each of these [38:32] buckets on page 31 are what what what [38:35] land you have what construction in [38:37] progress building improvements machinery [38:39] equipment we have details behind all [38:41] that and what they're still being [38:43] depreciated fund. Um, and that's just an [38:46] Excel schedule, but we we have the data [38:48] behind it, but we're not required to [38:50] disclose the details um within the the [38:52] document. It's up to management. If they [38:55] want to disclose some more information, [38:57] they can. [38:58] >> Okay. [38:59] >> Yeah. [39:00] >> Um there's [39:02] differentiation. That was a question. [39:05] uh the new roads don't seem to be [39:08] negotiated but there's something right [39:10] about oh the modified approach where you [39:14] maintain the roads to kind of the [39:18] condition when they were first built and [39:20] you don't have to do separate [39:23] depreciation [39:24] but on those modifications [39:28] is that capitalized or expense [39:33] » it it depends [39:35] I would say they're probably capitalized [39:37] because they're extending the life of [39:38] the of the asset of the road, [39:42] >> but it just depends on the the the each invoice, you know, and we looked at [39:49] every invoice, so [39:53] >> Okay. Um [39:55] I think that's all the questions. Thank [39:57] you. [39:58] >> Okay. [39:58] >> So, [39:59] >> hopefully I answered them. [40:02] >> Yeah. Thank you, Council Member Bailey. [40:03] I have notes that we have on page nine [40:06] and these two corrections to make and [40:08] then some possible corrections. I'm [40:10] unclear on that under the general fund [40:13] budgetary highlights that you just plan [40:15] to get back with Jim again and verify [40:16] that information. [40:18] >> Yes. [40:18] >> Is that a good summary for you? Any [40:21] >> Yeah. [40:22] >> Okay. A little bit of the description, [40:24] the text. [40:25] >> Okay. Um any other questions or concerns [40:29] from other council members? Um, I will [40:32] open the floor to Jim, but before we do [40:34] that, I just wanted to take a moment to [40:37] recognize that this was Jim's first [40:39] fiscal year um as the city manager in in [40:43] its entirety and there was a pretty [40:45] hefty return to reserves under his [40:48] stewardship and I'm personally very [40:50] grateful for that. He managed our budget [40:52] well. Um, of course, some of some of it [40:55] was due to just other things outside of [40:58] his control, but it's always u rewarding [41:01] to see the city administrator returns [41:03] money to reserves rather than all of us [41:06] collectively overspending. So, I just [41:08] wanted to highlight that. Um, and then [41:10] Jim, he is online. Jim, did you have [41:13] anything to add or um comment on this [41:17] portion of the meeting? [41:22] » [clears throat] [41:22] >> No, I'm good. Just want to thank Jeremy [41:25] and his team for all the hard work they [41:27] did fighting through our our issues, but [41:30] um it went pretty smooth and we're ready [41:32] to move forward come October, [41:36] get on a normal schedule. [41:38] >> Yeah. And so one of the highlights again [41:40] of um Jeremy mentioned it this evening, [41:42] but we do have a new accountant who [41:44] works for us regularly. we struggled [41:47] with two previous accountants. Um, and [41:51] so that that is actually helping us kind [41:53] of keep pace better. And then we will be [41:55] ready to start our audit as Jen just [41:57] mentioned in October as soon as this [41:59] budget's closed. So we should be in good [42:02] standing from now on moving forward and [42:04] we should be able to make that March [42:05] deadline more regularly now. So [42:08] >> what's the name of the account? [42:10] >> They work for the clear cash flows but [42:14] is mentioned. What's his [42:16] >> uh Charles Williams is the one working [42:18] uh under Clear Cle clear clear career [42:20] doing that for us. He's he's on top of [42:23] it. [42:24] >> Yeah. [42:26] Consent for all that one. Um all right, [42:29] y'all. Uh are we ready to vote? Any [42:31] other comments? [42:33] Um, so just to be clear, because this [42:36] was a draft and there were some possible [42:37] edits, will it need to come back to [42:39] council again or will this we would just [42:43] accept this? Understanding that it'll [42:45] come back with edits as a final. [42:49] » If it were up to me, I I mean, it's up [42:51] to y'all. We can come back and present [42:53] again um and [clears throat] give you [42:55] more time to review and we can have a [42:57] meeting before and just go over any [42:59] questions you may have and and changes. [43:02] But the the changes that were here [43:04] aren't aren't um material. I don't want [43:08] to use the wrong word, aren't [43:10] significant enough um to to warrant not [43:12] approving, but I understand if you want [43:14] to table this and and wait till we get [43:16] the the language in there and then um [43:18] come back to you and and issue again. I [43:21] mean, I understand that. I I leave it up [43:24] to council. [43:25] >> Okay. If I could make a request that we [43:27] approve with the event the edits as [43:30] suggested. um only because we do have a [43:33] rather large grant that we're trying to [43:35] get that um us approving would need to [43:38] happen before the end of the month. [43:40] >> Mayor Mayor, [43:40] >> sir, [43:41] >> I move to approve with items. [43:43] >> Thank you. So, it's a [43:44] >> second [43:45] >> an amendment seconded by Council Member [43:47] Richardson. [43:49] So, approve with edits. [43:51] >> Do second. [43:52] >> Council member Richardson. [43:55] >> All right, we'll take a vote on the [43:57] amendment first. All in favor of the [43:59] amendment of approval. Question. Um, [44:02] when would we see the edits of box and [44:08] » tomorrow morning? I can get them over to [44:09] Jim. Tomorrow morning. [44:11] >> Yeah. [laughter] Okay. All right. [44:13] >> Yeah. [44:17] » And again, like we've had this draft [44:19] prepared. Um, and if there's any any [44:22] time that they can get distributed out [44:24] to to whoever and we can meet and make [44:26] these edits beforehand, I'm I'm happy to [44:28] do that. I'm happy to meet ahead of [44:30] time. Um, it's it's up to y'all. Yeah. [44:34] And next year, maybe maybe that's the the route of changes. Hey, maybe we we have a little audit committee [44:40] meeting uh with some of y'all and go [44:42] over everything um and make sure [44:44] everyone's okay so that um [44:46] [clears throat] there's no none of these [44:48] changes happening uh kind of last [44:50] minute. So, [44:52] um all of our council members do have an [44:54] opportunity to meet with our city [44:55] administrator in advance of meetings at [44:57] any point in time and some of them have [44:59] set meetings. So, as we move forward [45:01] every year, it would be good to utilize [45:03] that meeting for these kind of [45:04] assessments. We don't have to have [45:06] gotcha moments in the council meetings [45:09] regularly. We can't address small things [45:11] like this, especially if there are no [45:14] corrections and there's no um dispute [45:16] over policy or anything like that. All [45:19] right. Um any other [clears throat] [45:22] comments on the amendment will hold a [45:23] vote. [45:25] All in favor of the amendment to approve [45:27] with edits, please raise your hand and [45:28] say I. I. And then that passes [45:30] unanimously. [45:33] I move on to the main motion which would [45:35] read accept of the audited basic [45:37] financials statements and supplemental [45:39] SC auditors report by AFPC for the [45:43] fiscal year ended September 30, 2025 to [45:45] approve with edits. [45:49] All in favor raise your hand and say I. [45:52] >> I. [45:52] >> Unanimously approved. [45:55] Thank you. Thank you journey. Thank you. [46:01] » We will um send out communication from [46:04] him as soon as we have it for everyone. [46:08] >> Moving on to item number two in the [46:09] agenda. This is related to the H County [46:12] Central Appraisal District proposed land [46:14] purchase. [46:16] Do we have a motion on the table? [46:25] I move that we approve resolution number [46:27] 2026-07-08-01 [46:31] supporting H county simple appraisal [46:33] districts proposed land purchase and [46:35] construction of new facility to provide [46:37] services to the taxing units and [46:40] taxpayers of Pace County pursuant to [46:42] Texas property tax code section 6.0 zero [46:46] lifetime. [46:50] » Council member Richardson made the [46:51] motion as stated in the packet. Mayor [46:53] Bert Morasco seconded. [46:56] Um I have a brief statement here to [46:57] read. Um one, the purchase of [47:00] construction will come from the CAD [47:02] budget and not the city's budget. Two, [47:05] the resolution is a formally required by [47:07] statute and the tax code to authorize [47:09] the CAD to move forward. And three, the [47:11] city council must make a factual finding [47:13] that the proposed new facility is to [47:15] expand operations and promote the cat [47:16] operations to serve both the city and [47:18] county residents and thereby promoting [47:20] the general welfare. [47:23] Um, we did not present a no response to [47:26] this. Um, it was the only time they [47:29] needed the resolution was if we were [47:31] approving it. Um, so do y'all have any [47:35] questions about this item? [47:38] >> I didn't want saw it. I didn't want it. [47:41] >> Uh, essentially they are saying they [47:43] need to build another facility and this [47:45] will levy taxes to do so, but it comes [47:48] out of their portion of the taxes. [47:51] >> Um, and [47:54] I don't want to get into the weeds too [47:56] much because I can't speak for other [47:57] cities. Some cities might not move [47:59] forward with this because they felt that [48:02] it came out a little bit late in the [48:04] year and so they had more questions. Um, [48:09] I don't personally have those questions. [48:12] Um, of course, if you all had them, you [48:14] have the opportunity to not pass this, [48:17] but essentially they only need a portion [48:19] of all the cities in their jurisdiction [48:21] to approve to move forward. So, [48:28] no other comments. All right. All in [48:30] favor of approving the resolution number [48:32] 2026-07-08-01, [48:36] please raise your hand and say I. [48:38] >> I. [48:39] >> Unanimously approved. Thank you all. [48:44] [clears throat] [48:47] » In the morning, we need to send that [48:48] over to them because they have a [48:49] deadline. All right, we move on to item [48:52] number three. This is a discussion about [48:53] planting seven new trees. Do I have a [48:56] motion on the table? [49:02] Uh, a motion to approve the purchase and [49:04] installation of seven new trees from the [49:07] city of Wood Creek to be installed by We [49:10] Love Trees because cost not to exceed [49:13] $6,000 from the 2026 2027 [49:18] trees and parks budget line item [49:20] 10-10-554 [49:23] designated for fall 2026 [49:26] planting. A second. [49:29] >> Council member Gormick seconded. Motion [49:31] made by council member Swedberg as [49:33] stated in the packet. Do you mind if I [49:36] present this item on this? [49:38] >> Okay. Um [clears throat] first off, um [49:42] our city administrator has asked an [49:44] amendment to change the budget line [49:46] item. um we have a tree fund [49:50] >> and so we just kind of in our [49:52] discussions of this moving up to it um [49:54] sort of forgot that we have an entire [49:56] fund designated for this purpose. So I [49:58] would ask that in this meeting we would [50:00] amend to say tree fund instead of the [50:03] trees and parks budget line item at some [50:05] point. We don't have to issue that now. [50:08] Um letter A has actually already been [50:11] approved by council. This is sort of [50:13] just the final approval because we asked [50:15] the trees and parks board to uh decide [50:18] the uh type of tree and this was [50:20] actually their second designation. they [50:23] originally picked or I don't remember [50:25] the complete history but at some point I [50:27] think it was supposed to be a sycamore [50:28] but arborist on the board recommended [50:32] not because sycamores prefer more water [50:34] than this area would provide and so he [50:37] recommended the cedar m because they are [50:40] more resilient and this area will [50:42] receive less water. Um, so that's the [50:45] history on item A in Dece or actually it [50:48] might have been November. Um, they voted [50:50] to say a cedar elm and like I said, [50:53] council has actually already approved [50:54] the funding for the planting of that. [50:56] This would just be the final approval. [50:58] Um, item B is new and um, something I'd [51:03] like to recommend if council would like [51:04] to send that portion to the trees and [51:06] parks board for a direct recommendation [51:09] since they haven't commented on that, would be great. Also, city [51:12] administrator uh Mr. Burton wanted um to [51:17] discuss the concept that the veterans [51:19] memorial plaza might be better served by [51:22] only memorializing veterans there. [51:25] That's up for discussion and debate by [51:26] council and of course the tree board of [51:28] how we install trees where, but I wanted [51:30] to make sure his opinions on that were [51:33] noted tonight. And then items C and D [51:36] are related to the road reconstruction [51:38] of Western Wood Drive. Both property [51:42] owners [51:43] have expressed um interest and favor this and specifically the Cypress [51:49] Falls side was on board and essentially [51:52] requested this instead of losing a tree [51:54] and the Cypress Point side has stated [51:56] that they are supportive of this um and [51:59] that they would actually be interested [52:00] in cost sharing but have reserved giving [52:04] a final um total on that because it's [52:06] for one it's a whole board but also um [52:08] they were kind of waiting to see what um [52:11] the city plan might look like, [52:13] especially the cost of it. Okay. [52:15] >> Mayor, can I ask you a direct question? [52:17] Um [52:18] >> could you distinguish between Cypress [52:20] side and Cypress [52:22] Oh, I'm in the cycles one. [52:24] >> Yeah. Yeah. [52:25] >> So, the lodge area is Cypress Falls. [52:27] >> Yes. Yeah. So they own one side of the [52:30] culvert where a large tree is being [52:33] taken out and then Cypress Point is [52:34] actually the land owner on the other [52:35] side Hog Creek and there's um I think [52:40] three trees being taken down there. [52:43] >> Um and so this is kind of just our [52:45] commitment to replace trees that we take [52:48] down for construction. We have an [52:49] overall city policy in favoring that [52:51] kind of thing. Actually it's an [52:52] ordinance. So this is us kind of acting [52:55] in good faith in our own construction. [52:57] That makes sense. [52:59] Mayor, mayor, sir. Um, I wish to discuss [53:02] the suggestion of a cedar elm at the [53:04] Brook Meadow Street Island location. Um, [53:07] I have cedar elms in my backyard and [53:09] they have a strong tendency to drop the [53:10] limb in large and small. So, I did some [53:13] research to see if that is true for [53:15] cedar elms in general or just those in [53:17] my backyard. The research says that yes, [53:20] as a cedar is a good tree for street [53:22] islands as they are highly adaptable, [53:24] resilient native trees that tolerate [53:26] tough compacted soils, restricted root [53:29] spaces found in Texas road islands. But [53:32] because they grow quite large, often [53:34] reaching up to 70 ft, confined road [53:37] islands might restrict root systems over [53:39] time or lift surrounding roadway if not [53:41] provided adequate room. And to quote the [53:44] we love trees website, in small road [53:47] islands in Texas, these trees face added [53:50] stressors, constricted root zones [53:52] combined with extreme heat and [53:54] unpredictable weather swings frequently [53:56] result in sudden living drop where [53:59] heavier branches fail without warning. [54:02] So, the research confirmed my concern [54:04] and then I did some research on what [54:06] other trees might best suit this small [54:08] little roadway location. And the [54:10] following four trees consistently showed [54:12] up on all the lists. Texas mountain [54:14] wool, a slow growing evergreen featuring [54:18] fragrant purple spring blooms and [54:20] compact canopy perfect for tight tough [54:22] spaces. There are already two volunteers [54:25] at this location, though poorly placed [54:28] near the edge. Um, Mexican plum, a [54:31] native ornamental offering beautiful [54:33] white spring blossoms and attractive [54:34] bark. I should mention that the that I [54:37] have several of these and they have [54:39] three to four inch spikes on the [54:40] branches, though I do support the idea [54:42] of planting fruit trees in the [54:43] community. Desert willow thrives in full [54:46] sun with high drought tolerance [54:48] producing trumpet shaped flowers. Texas [54:52] red bug thrives statewide with bright [54:54] pink spring flowers and handles [54:56] reflected heat well. In my yard, I have [54:58] several of all of the above except for [55:00] the desert willow. [55:02] Based on my experience with my trees and [55:04] the research I've done regarding street [55:05] trees in Texas, I would recommend [55:07] council chooses the desert willow to [55:10] complement the other plantings and [55:12] volunteers at the Brook Meadow location. [55:14] Specifically, I think council should [55:16] choose the cultivora, [55:19] which is a seedless variety for large [55:22] fragrant magnolia magenta blossoms. [55:26] Being seedless seedless helps reduce [55:28] maintenance for this area compared to [55:30] other cultivars. Overall, the desert [55:33] willow is a tough and pretty tree [55:35] perfectly suited for this location. [55:40] » May I just say they're not pretty in the [55:42] winter. [55:43] >> True. They do. [55:44] >> I will. [55:44] >> They're just like sticks. [55:46] >> They also grow very wide and low. So [55:49] this area is a little like I'm not [55:53] disagreeing that would in theory be a [55:55] good pick. I am concerned about the [55:57] width of 20 ft at only 20 ft high. [56:03] So that's they grow like [56:05] >> so I think that that would actually [56:07] impede the street pretty significantly. [56:11] >> Desert. [56:11] >> Yes. Because they grow wide and low. [56:14] >> Yeah. So they would be good for like [56:16] that street island in Wood Creek Drive [56:20] because it has a wide width, but they [56:24] like the one that's planted at the [56:25] gazebo is actually planted too close to [56:27] the gazebo. The arborist commented on [56:29] that as well. [56:30] >> Yeah, I was just trying to state my [56:32] concern about the the wind drop if I [56:34] experience it. anytime you have a [56:36] slightly strong wind. [56:40] >> So I, you know, especially since it's a [56:42] roadway, I want to take make sure that [56:44] we're cons considering that option. Um, [56:48] if I could, I'd also like to talk about [56:49] Memorial Park. I do appreciate um Jim's [56:53] idea. Um, so kind of take that in. I [56:57] wrote this well before Jim mentioned [56:58] this, but I wanted to talk about the [57:00] orchid trees in Memorial Park. Um, [57:03] they're beautiful spring blue trees. [57:08] Yep, I'm in right place. And I've had [57:10] them personally, which may not be an [57:11] issue for the city if they are planted [57:13] in a location where consistent mowing [57:16] will occur as they tend to throw seeds [57:19] like crazy. Actually, the tree is funded [57:22] on how it throws seeds. The dry seed [57:25] pods literally pop and throw their seeds [57:27] 35 to 50 feet away. I've actually been [57:30] hit in the face by these seeds. I [57:32] planted mine in a wide deep garden [57:35] border. Um, one of my annual tasks is to [57:38] pull out the volunteers of this tree [57:40] mates. They are they look delicate, but [57:42] they are truly Texas. A 2-in volunteer [57:45] can have an 8 in tap routt. So, I would [57:49] only recommend that if council decides [57:52] to go with orchid trees that they plant [57:54] them in the Greek grass section of a [57:57] moral park. But if they're plant if the [57:59] planted to plant [58:01] in the existing garden beds, I would go [58:03] with the red. [58:05] >> Yeah. No, on that one, we were going to [58:08] let our arborist kind of decide this the [58:11] place, but u we lost like a whole cops [58:13] of trees over there a few years back. [58:16] There was a mistake in direction from a [58:18] member of the tree board and they took [58:20] out a bunch of trees they shouldn't [58:22] have. Um and so [58:25] uh she was chairperson at the time [58:27] actually. But uh and so in in my mind [58:31] this I would hope that they would try to [58:33] go kind of in that area um to where a [58:36] bunch of trees were taken out [58:39] >> in the winter. [58:40] >> Yeah. [58:40] >> Wonderful. I'm just thinking of parents [58:43] during the year. [58:44] >> Yeah. But we would rely they the [58:47] intention was not to go in the existing [58:48] beds and we would rely on a professional [58:51] to say this is a safe place to plant [58:53] this or you know we have to look for [58:55] lines as well. [58:56] >> Right. [58:58] >> Can we can we discuss the part about the [59:00] veterans versus non veterans? [59:03] >> If y'all feel like you need [59:06] >> Well, it's it's called Veterans Memorial [59:08] Park. There's a there's a [59:10] >> a monument there to [59:12] >> the circuses. there's the black poles. [59:15] Um, and and I just wonder there not a committee [clears throat] of [59:21] veterans that that manage that or would [59:24] go to approve anything that's going on [59:27] in there. So, so it's like, okay, so, so [59:32] I'm not sure who would complain um if if [59:36] we were memorializing, [59:38] you know, city leaders, city members um [59:42] in that way, in that place um that also [59:45] needs treats. But, um but that's just my [59:48] thinking on it's like, well, I mean, [59:50] council would ultimately make the [59:52] decision whether to put trees there, [59:54] whether they're veterans or not. We [59:55] don't know whether um Miss Britner um or [1:00:00] Mr. Winter were veterans. I mean, we [1:00:03] probably find that out, but but even if [1:00:05] they weren't, is this, you know, it [1:00:07] seems like the most [1:00:10] logical place to do, you know, special [1:00:13] memorials. Um and there is a need in [1:00:17] that location. So, it's just I just [1:00:18] wanted to sort of bring that up and [1:00:20] >> see what people think about. [1:00:22] >> If I may also, u Mr. renter. Actually, [1:00:24] the member of Wow. James left, but Wow. [1:00:27] Um, the weeders of Wood Creek takes care [1:00:30] of the entrance for us for free and he [1:00:34] was one of the members that used to go [1:00:35] work there. So, it was sort of like a [1:00:37] kind of an homage to that work he did [1:00:39] there. Um, and this idea started for me [1:00:42] right after his passing, which is [1:00:43] actually some time ago now, almost two [1:00:46] years, maybe two years. Um and then when [1:00:48] Miss Britner also passed away because of [1:00:50] her lengthy service in the city, I just [1:00:52] wanted to recognize her as well. Um she [1:00:54] served on a council for a long time and [1:00:57] mayor for several. [1:01:00] >> So um you know I think you know we could [1:01:04] take each of these as an amendment. I [1:01:07] would request the first amendment to be [1:01:08] about the budget to come this would come [1:01:11] from the tree fund specifically. Sir, [1:01:14] >> I manage that the funding [1:01:19] is from to become from the tree fund. [1:01:24] >> Thank you. So you would to confirm you [1:01:27] mean you would strike trees and parks [1:01:29] budget [1:01:30] line item and instead put like in with [1:01:34] the number and say tree fund. [1:01:35] >> Would you like me to fully state that? [1:01:37] >> No, it's okay. I just wanted authors. [1:01:39] Okay. So seconded by council member [1:01:41] Richardson. motion made by council [1:01:44] member Gart [clears throat] and then um [1:01:49] we'll go ahead and vote on that just to [1:01:50] keep this clean if you don't mind. All [1:01:51] of you heard of that budget change raise [1:01:53] your hand say I unanimously I on the [1:01:58] amendment. Um and then if you just take [1:02:00] each letter you know I hope you all [1:02:03] approve these all of them. Um obviously [1:02:05] they're up for discussion. Um because of [1:02:08] the way this is stated, you can make [1:02:11] adjustments, but if you make [1:02:13] adjustments, it likely needs to come [1:02:15] back because that was not publicly [1:02:17] noticed. So, for example, if you want to [1:02:19] reconsider the Cedar Elmont letter A, we [1:02:23] would either need to send the new [1:02:25] request to trees and parks or for it to [1:02:27] come back at a future council meeting. [1:02:29] By the way, the public is adequately [1:02:30] noticed on that change. [1:02:34] Question, if I may. Um, [1:02:38] it says proposed selections on our [1:02:41] agenda. [1:02:43] So, can't council change something [1:02:46] that's proposed. [1:02:50] And [clears throat] we're also not [1:02:51] changing the [1:02:53] value or a number. We're we're saying [1:02:58] >> proposed is a blue car. We want a green [1:03:02] car. [1:03:02] >> That is not allowed on to [1:03:06] So, you've got a very specific list of A [1:03:08] through D. Um, it does say proposed [1:03:12] elections, but here they are. And so, [1:03:14] the question is, adequate notice to the [1:03:17] public under the Open Meetings Act. And, [1:03:22] [clears throat] [1:03:22] you know, if you had a discussion to [1:03:26] formulate what the options will be and [1:03:29] that was broadly drafted, then then [1:03:31] you'd have a little bit more discretion. [1:03:32] But here you've got a very specific list [1:03:35] that follow specific list and to the [1:03:39] extent that you know it's if it's if [1:03:43] it's a dimminimous or a very minor [1:03:46] change it might be okay under adequacy [1:03:49] of notice but the best practice is to [1:03:54] either go with what action is proposed [1:03:58] and vote up or down on it or bring it [1:04:02] back to a future agenda which can [1:04:04] certainly be done. You can direct staff [1:04:06] say this is what we want. This is the [1:04:08] direction back and approve it with [1:04:11] adequate notice to the public [1:04:14] >> and I will say on letter A in particular [1:04:16] that's from a report from the tree [1:04:18] board. So that wasn't something I [1:04:21] personally generated. [1:04:23] My con Yeah. My concern is that we love [1:04:26] trees actually doesn't recommend this [1:04:29] very tree and we're hiring we love [1:04:32] trees. So it kind of [1:04:34] >> So my amendment would be [1:04:39] um item A and B be sent to the tree [1:04:42] board [1:04:44] for review and recommendation. [1:04:47] The [1:04:48] >> second. All right. We have a amendment [1:04:50] to send A and B to the tree board for [1:04:53] recommendation. We have a second from [1:04:55] council member Bailey. [1:04:58] Any further discussion on those two? [1:05:00] >> They would have um the notes from the [1:05:02] meeting with the discussion. [1:05:04] >> Yes, [1:05:06] that was true. This meeting? Yeah, [1:05:08] >> from this native. [1:05:08] >> Yeah. Is that [1:05:10] >> But I mean just I'm sorry. [1:05:12] >> I just have a quick question. As far as [1:05:14] the cedar elm and the risk of the limbs [1:05:16] dropping, is that minimized by regular [1:05:19] maintenance by an arborist? [1:05:24] » Not my experience. [1:05:27] >> So, [1:05:27] >> okay, I understand. But I'm going to [1:05:29] share what I in my research that I did [1:05:31] in the last couple days. Um, cedar elms [1:05:35] have very brittle wood. So wind tends to [1:05:38] break it ver versus other trees that [1:05:41] tends to have more flexible wood. I [1:05:44] guess I mean that's based on the [1:05:45] research I did and that's kind of what [1:05:48] we love trees. So actually a website [1:05:51] that I was doing this research from. [1:05:53] Well, as far as serum goes, you know, I [1:05:55] was I was in on those meetings, [1:05:57] discussions and going back and forth and [1:06:00] Sycamore and Serum and it's that the [1:06:04] focus I think of the treeboard at the [1:06:05] time was well, we need something that [1:06:07] goes tight because it's a fairly narrow [1:06:10] stretch and you don't want you don't [1:06:12] want the the traffic block. You don't [1:06:13] want traffic vision blocked, but you [1:06:15] want something that's trunk [1:06:19] >> and leaves. Um, and so it fit that [1:06:22] description, but there wasn't a real [1:06:23] there wasn't conversation about sort of [1:06:25] the downside of one because I we had a [1:06:27] bunch of CR still and they do smile. Um, [1:06:31] and it's a win. I mean, so so would regular birth care help? [1:06:39] >> Um, yeah. But would it solve it? Would [1:06:42] it I I don't I don't know, but I don't [1:06:44] think so. I still ask the question is [1:06:47] deciduous versus evergreen a question [1:06:50] that we want to consider as we look at [1:06:52] these trees [1:06:55] cuz all the rest of them look good in [1:06:57] the winter. [1:06:57] >> Do you have a citation for the we love [1:07:00] trees? [1:07:01] >> I don't sorry [1:07:03] >> okay because I'm on their website right [1:07:05] now and I don't mean [1:07:07] >> any of that [1:07:08] >> put in quotes and I just pulled it and [1:07:10] put it into my notes [1:07:13] >> so Am I alone on the disc? [1:07:16] >> No, you're not alone. I didn't mean to [1:07:18] glaze over it. I just I think it's best we rely on [1:07:24] professionals [1:07:25] and all, you know, for this in [1:07:27] particular. And we can always also add [1:07:29] on a consultation with we love trees in particular [1:07:36] um if that was a concern of y'alls and [1:07:39] they could give a a more indepth answer [1:07:45] for the for the tree board if y'all [1:07:46] wanted as part of that. Yeah. [1:07:50] >> Okay. [1:07:51] >> Because I was one of the ones who said [1:07:52] see around the [1:07:53] >> first [1:07:58] street. [1:07:59] >> They're they're all over our city and [1:08:01] they line their streets already. [1:08:04] >> I've got too many. [1:08:12] » [clears throat and cough] [1:08:17] » Do you have any other comments on [1:08:19] sending A and B to the tree board and [1:08:22] offering a consult with we love trees [1:08:24] for them? [1:08:28] All right. All in favor of that mot, [1:08:30] please raise your hand and say I. Um, [1:08:33] all five passes [1:08:35] unanimously. Um, that leaves item C and [1:08:38] D. Um, much like item A, this wasn't [1:08:42] directly generated from me. I offered [1:08:45] the opportunity of a possible tree [1:08:48] replacement and the discussions with [1:08:50] these individuals. Cypress Falls or Miss [1:08:54] Hasty in particular appreciated the bald [1:08:56] Cypress [1:08:59] petition specifically. Um I will say [1:09:01] that the board chairperson of uh Cypress [1:09:05] Point made some other suggestions and um [1:09:09] Mr. Filming um however when I looked [1:09:12] those up they don't meet kind of like [1:09:15] our city standards for um the kind of [1:09:17] trees we prefer to plant by policy. So [1:09:21] um I did not proceed with some of the [1:09:23] things he mentioned but um he did he [1:09:26] basically said yeah you know whatever is [1:09:28] in the creek you know replace I'm [1:09:31] quoting sorry Ed if you're listening but [1:09:35] um so what was selected here were trees [1:09:37] that are already located in that area [1:09:40] sycamore [1:09:42] >> and because we have a policy of uh [1:09:44] promoting diverse canopy instead of [1:09:47] three of the same it was you know [1:09:50] promoted to be three different [1:09:54] >> we don't need any amendment that's [1:09:55] already part of it [1:09:58] >> unless you guys want to do something [1:10:00] else and then I would recommend that you [1:10:02] bring it back to council so you have [1:10:04] proper compliance or send it to the tree [1:10:07] board [1:10:11] » any further discussion on CN [1:10:14] all in favor of moving forward with [1:10:16] those as stated please raise your hands [1:10:19] and say I [1:10:20] >> I [1:10:21] >> unanimously passes. We send the sheet as [1:10:26] that just occurred. But we have to go [1:10:28] back and redo all of the main motion [1:10:30] together with all of these amendments. [1:10:32] So C and D have been approved. A and B [1:10:34] would be sent to the tree board and then [1:10:37] we'll do the main motion with those [1:10:38] amendments. So I'll read that now. Are [1:10:40] you ready? All right. So, the motion as [1:10:42] amended will state to approve the [1:10:44] purchase and installation of seven new [1:10:46] trees in the city of Wood Creek to be [1:10:48] installed by We Love Tree cost not to [1:10:50] exceed $6,000 from the 2026 2027 tree [1:10:53] fund designated for fall 2026 planting [1:10:57] with A and B to be sent to the tree [1:10:59] board or consult [1:11:03] in addition with we love trees. I added [1:11:04] that it's not an official per amendment [1:11:07] though. and then C and D would be [1:11:09] approved as is. [1:11:12] All in favor of the amended motion, [1:11:14] please raise your hands and say I. [1:11:16] >> Unanimously passes with those [1:11:18] amendments. [1:11:24] All right, we'll move on to item number [1:11:26] four. Um, this has actually been [1:11:29] postponed because we do not have the [1:11:30] report from the trees and parks board. [1:11:32] They requested a secondary meeting to [1:11:35] discuss the topic because they wanted to [1:11:38] go out and personally spend a little bit [1:11:40] more time on this and do a little bit [1:11:42] more research on their own before they [1:11:43] issued a report to us. So, we will not [1:11:45] be taking up item number four. [1:11:51] [clears throat] We'll move on to item [1:11:52] number five which is related to a [1:11:55] schedule for routine mat maintenance [1:11:57] contract review and policy review for [1:12:00] the city. [1:12:01] Sir, [1:12:02] >> I move that council direct staff and or [1:12:04] city attorney to make the following [1:12:05] edits and return the draft resolution to [1:12:07] council for approval. The edits are to [1:12:10] remove the third and final resolved [1:12:12] section from this resolution and any [1:12:15] creation of a threshold higher for [1:12:17] submission of an item to council's [1:12:19] agenda or council's final approval on [1:12:22] any item on council's agenda legally [1:12:25] required by state law and remove the [1:12:29] entire section regarding policy and any [1:12:31] reference in the document pertaining to [1:12:33] such specifically the whereas statement [1:12:36] about excessive and redundant policy [1:12:38] review, leaving only the sections named [1:12:41] infrastructure and asset maintenance and [1:12:43] contract services. And that the [1:12:45] resolution makes clear that only those [1:12:47] two sections are being addressed by this [1:12:49] draft resolution, including in the [1:12:51] whereas and results section. [1:12:59] » Motion fails for lack of a second. Do we [1:13:01] have a secondary motion on the table? [1:13:08] I move that we approve resolution number [1:13:12] 2026-07-08-02 [1:13:15] establishing schedule for routine [1:13:17] maintenance contract review and policy [1:13:20] review for the city review. [1:13:25] » Seconded [1:13:27] by council member Richardson. motion [1:13:30] made as stated in the packet. Do you [1:13:32] mind if I introduce? [1:13:36] » Sorry. [1:13:36] >> Do you mind if I introduce this? [1:13:38] >> So, uh, this item is something we've [1:13:41] kind of long talked about. Um, it kind [1:13:44] of concretes some of our maintenance [1:13:47] schedules so that um, especially if we [1:13:50] have any turnover and change of staff. [1:13:52] Hopefully that never happens, but as [1:13:54] things do happen, people do wish to [1:13:56] retire eventually. um this would give a [1:13:59] clear road map for people moving [1:14:01] forward. Um the policies themselves [1:14:05] um they are set so I'll just take kind [1:14:08] of take it by section. Um we discussed [1:14:10] in a meeting and set the the numbers for [1:14:13] procurement and fine balance. The [1:14:15] investment policy is governed by state [1:14:17] law. So that means that um the other [1:14:20] ones are kind of set after each council [1:14:22] is redone. So at November we have an [1:14:25] election and so that new council will [1:14:27] get to set their policies if they wish. [1:14:30] Um and then the setting of paper of [1:14:34] record that's kind of a standard process [1:14:36] we do that every single year at the same [1:14:38] time. um the records retention policy um [1:14:42] we you know that is under kind of what's [1:14:46] require I mean that's a city secretary [1:14:48] item and the state sort of regulates it [1:14:51] but this is in compliance with that um [1:14:55] [clears throat] then moving on with our [1:14:58] um advisory bodies we ask that they do [1:15:01] this annually that's in the code but by [1:15:03] including this in this kind of calendar [1:15:05] it gives us one place to look for all of [1:15:07] this of um subcommittees and ad hoc [1:15:10] workg groups. Um that's something that [1:15:12] we we dissolve either with an election [1:15:17] or when the business is vent or we can [1:15:18] work on them during the budget season [1:15:20] like if we know we're going to be [1:15:21] forming like for example when we form [1:15:23] the road committee for the road bond [1:15:25] that kind of stuff. Um the comprehensive [1:15:27] master plan has a plan you know so I'm [1:15:30] not going to read this whole thing to [1:15:31] you. Um the the only like the liaison [1:15:35] policy [1:15:37] uh is something that you know we're kind [1:15:39] of like like sort of using that might [1:15:42] eventually not be on here. Um temporary [1:15:45] water restrictions we set in in that [1:15:48] actual resolution. So that mimics that [1:15:51] um moving on to the infrastructure and [1:15:53] asset maintenance. These are things that [1:15:55] we have been doing out of like kind of [1:15:58] just memory. They have there's never [1:16:01] been a consistent stated schedule on any [1:16:04] of these things. And so they were based [1:16:06] like for example the rainwater [1:16:07] collection system that's based on the [1:16:09] recommendations from the people that [1:16:10] installed it and people that work in [1:16:13] that field. They need to be checked out [1:16:15] every couple of years. Um the website [1:16:18] review that's something that I take in [1:16:20] all my staff personally and um so that's [1:16:23] h we do that in January. In fact we've [1:16:25] done a few of them now. So that will [1:16:27] probably um at least happen once a year. [1:16:31] Um but obviously if there are changes [1:16:32] needed in the meantime, we would do [1:16:33] that. The golf park crossing, that [1:16:36] number is based on what we watched since [1:16:38] we last painted them. So it's been about [1:16:40] three years since we last painted them [1:16:42] and they need to be painted again. So [1:16:44] that's where that number came from. The [1:16:46] playground wood chips. Um basically this [1:16:48] just sets out a plan to regularly manage [1:16:51] them and measure them. The ride ofway [1:16:53] trees trimming was something we just [1:16:55] sort of did every two years. and so we [1:16:56] had to cycle it into the budget, but [1:16:58] this now concretes that I would like to [1:17:01] make a minor edit to strike starting [1:17:02] year 2026 because it's it's not needed. [1:17:05] Um the way this was originally lined out [1:17:08] changed. I added that next review time [1:17:11] column to give more clear direction so [1:17:13] people didn't have to sit there and do [1:17:14] the math. So the starting year 2026 is [1:17:16] actually um a new point. Now, the [1:17:20] contract services um that's actually [1:17:22] where that change came into place [1:17:24] because council has sort of a standing [1:17:26] motion that we would in theory review [1:17:28] these every 3 years and but that motion [1:17:31] is very very very old. Um the overall [1:17:34] goal of this policy is not only to make [1:17:37] things explicit and clear for any staff, [1:17:39] any council member, any member of the [1:17:41] public about when we promise to do these [1:17:44] things. It's also to create continuity [1:17:46] in our leadership so that we have um [1:17:50] kind of a very clear direction for the [1:17:52] city on an annual to like every two-year [1:17:55] basis and we're not kind of changing [1:17:58] direction repeatedly. So by clearly [1:18:02] expressing that we're going to review [1:18:03] our audit services every three years [1:18:05] like this, it doesn't become a [1:18:07] relationship where we make may feel like [1:18:10] they've done something wrong or we're [1:18:12] not serving us well. It's a policy that [1:18:14] we've written in the Greek poo. Same [1:18:15] with our uh legal representation. At [1:18:18] five years, council would take up the [1:18:19] item, talk about it, see if we want to [1:18:21] go out for um you know, uh proposals. [1:18:26] Thank you. I couldn't remember it was [1:18:28] bit of proposal, but it doesn't become a [1:18:30] relationship where, you know, we imply [1:18:32] that we're unsatisfied. It's just kind [1:18:34] of a routine schedule of maintenance is [1:18:36] the goal for this. I tried to capture [1:18:38] everything. Of course, if I miss [1:18:39] something, um, you know, that might need [1:18:42] to be taken up. The only policy that's [1:18:44] not in here is this policy itself. Um, [1:18:47] so that explains that. Does anyone have [1:18:50] any questions for me about it? [1:18:58] » Any other comments or concerns? [1:19:02] >> All right. All in favor? Yes, sir. [1:19:05] >> I'd like to comment, please. [1:19:07] To start, remember this is not simply a [1:19:09] schedule that is being posted on a [1:19:12] office wall as a reminder to anyone as [1:19:14] to when it might be good to review the [1:19:16] listed policies. No, this is a policy [1:19:19] obscinely restricting anyone from [1:19:22] considering updating outside of this [1:19:24] arbitrary timeline. [1:19:27] Anyone is already free to create their [1:19:29] own schedule for themselves as to when [1:19:31] might be a good time to review the [1:19:33] listed policy. Everyone is free not to [1:19:36] present up to policy for council [1:19:38] consideration based on their own [1:19:40] schedule. This resolution is designed to [1:19:42] prevent council members who wish to take [1:19:44] up reviewing or updating council policy [1:19:47] from submitting and or improving any [1:19:50] such improvements to their policy. [1:19:52] Council, I will ask you to consider who [1:19:55] this resolution serves as it certainly [1:19:58] does not serve council and their [1:20:00] legislative duties. It serves to [1:20:02] restricts council's ability to serve the [1:20:04] city and its citizens as well as it [1:20:07] violates open meeting act and the [1:20:09] attorney general's opinion on such the [1:20:12] mayor's mindset regarding council [1:20:14] carrying out their official duties is on [1:20:16] full display again. She thinks that our [1:20:19] legislative responsibilities are [1:20:20] excessive and redundant. This policy [1:20:23] attempts to supersede or alter our [1:20:25] conduct of meetings policy by creating [1:20:28] additional hardships and barriers and [1:20:30] additional bureaucracy on auton [1:20:32] council's ability to respond in a timely [1:20:34] manner to situations as they arise. [1:20:38] Council needs to remain nimble and free [1:20:40] to address issues as they see fit. The [1:20:43] intent of this policy is to make it more [1:20:45] difficult to present items on council's [1:20:48] agenda. I mean, what the heck? a [1:20:49] unanimous vote before even allowing an [1:20:52] item to land on the agenda [1:20:54] [clears throat] [1:20:54] and then creating an additional high [1:20:57] threshold of a supermajority vote to [1:21:00] approve that item when no state law [1:21:02] requires such thresholds. [1:21:05] The resolution states stated threshold [1:21:08] of requiring a unanimous vote in order [1:21:11] for council to submit an item related to [1:21:13] any listed issue violates the open [1:21:16] meetings act in that while council is [1:21:19] free to create a policy governing their [1:21:22] agenda preparation. The net effect of [1:21:25] such policies cannot preclude a council [1:21:28] member from placing an item on their [1:21:30] agenda for public discussion. Also, the [1:21:33] attorney general's opinion as to the [1:21:35] opens meeting that as it relates to [1:21:37] council's ability to place items on [1:21:40] council's agenda is that it is important [1:21:42] to ensure that policy requires no more [1:21:45] than two council members to agree to [1:21:48] place an item on the agenda. Attorney [1:21:51] General number DN-228193. [1:21:56] As a result, an item can only be removed [1:22:00] from the agenda by the council member [1:22:02] who placed it on the agenda or by a [1:22:04] majority vote of council at an open [1:22:07] meeting. This re resolution goes far, beyond that. Imagine if council were [1:22:13] to create a policy that required a [1:22:15] unanimous vote for any item that the [1:22:16] mayor may wish to submit to council's [1:22:18] agenda and that in order for the mayor's [1:22:20] item to pass required a supermajority [1:22:23] vote. If that sounds shocking to you, [1:22:26] and you are not opposed to the mayor [1:22:28] attempting to obstruct council's [1:22:30] official duties and their ability to [1:22:32] place items on their own agenda with [1:22:34] this ridiculous resolution, I would ask [1:22:36] that you review your reaction. If you [1:22:40] are horrified by my hypothetical [1:22:42] restriction regarding the mayor, how can [1:22:44] you not be glorified by the mayor's [1:22:46] attempt to restrict the very legislative [1:22:48] body that is given the responsibility to [1:22:51] legislate? We are an aldermatic form of [1:22:53] government. [1:22:54] A beautiful, sometimes cumbersome, [1:22:56] elegant form of democracy. Council is [1:22:59] the governing body. Council's agenda is [1:23:02] named such for a reason. It is not [1:23:04] called the mayor's agenda. It is [1:23:05] council's agenda. Council is a [1:23:08] legislated branch of this government. [1:23:10] Legislative and policymaking power rests [1:23:12] exclusively with the full city council. [1:23:15] The mayor is the chief executive [1:23:17] officer. the mayor execute council's [1:23:20] action as well as prepares the proposed [1:23:22] budget and is the emergency manager. [1:23:24] Nothing in those state listed duties of [1:23:26] a mayor is about creating policy. That [1:23:29] responsibility rests entirely on [1:23:31] council's shoulders. [1:23:33] If council does move forward with [1:23:35] approving this resolution as presented, [1:23:37] let's consider what effect that has on [1:23:40] council's ability to address situation [1:23:42] and changes as they present themselves. [1:23:45] For instance, the city administr [1:23:48] administrator recently presented to [1:23:50] council an interesting idea that council [1:23:52] seemed to support which would require [1:23:54] council to update the liaison policy and [1:23:57] create the city clerk as the new leaison [1:23:59] for advisory boards and remove the mayor [1:24:01] from that role. This resolution would [1:24:04] could prevent anyone, council members, [1:24:06] the mayor or staff from presenting an [1:24:08] updated liaison policy on council's [1:24:10] agenda without first obtaining the toma [1:24:13] violating requirement of a unanimous [1:24:15] vote. Imagine one member of council [1:24:17] could prevent the update to the liaison [1:24:19] policy even though a majority of council [1:24:22] may support the change or even a [1:24:24] supermajority as this policy describes. [1:24:26] This resolution states the first time an [1:24:29] update to the liaison policy could be [1:24:31] considered is in 2028. [1:24:33] Remember this resolution would go into [1:24:36] effect immediately upon passage. [1:24:39] You may be thinking to yourself, but [1:24:41] council would understand that an update [1:24:43] to the VAN policy would need to come [1:24:45] before council. Therefore, it is obvious [1:24:47] that a unanimous vote would be would [1:24:49] occur. But remember that council is not [1:24:51] allowed to discuss the content of a [1:24:53] proposed future business item being [1:24:55] presented. Coun a council member may [1:24:58] simply state they wish could bring an [1:24:59] update to the leaison policy or any [1:25:02] policy during the future business [1:25:04] portion of an agenda and council would [1:25:06] be voting on allowing that item to onto [1:25:09] the agenda. And yet one nay vote would [1:25:12] prevent that item being considered by [1:25:14] the rest of council when if council was [1:25:16] allowed to consider the item it may have [1:25:18] passed. So giving the power to one [1:25:21] member of council to preclude other [1:25:22] members of council from being able to [1:25:24] add an item to council's agenda would be [1:25:27] a disservice to the majority of council [1:25:29] good leg legislative practice and [1:25:31] frankly violates TOMA. Again, the net [1:25:34] effect of city policies cannot prevent a [1:25:36] council member from placing an item on [1:25:39] their agenda for public discussion. [1:25:42] Interestingly enough, I submitted an [1:25:44] item and received a required second [1:25:46] months ago to update the conduct of [1:25:48] meetings policy which includes the [1:25:50] agenda preparation guidelines. And if [1:25:52] council were to adopt this resolution [1:25:54] before you as presented, it would [1:25:56] prevent my item from coming before [1:25:58] council. The reason I am bringing this [1:26:00] update to the count conduct of meeting [1:26:02] relates to this very issue I am [1:26:04] addressing which is that I see that the [1:26:06] mayor is interpreting policy [1:26:08] restrictions should only be applied to [1:26:10] council members when policy clearly [1:26:12] states that is the item not the who [1:26:15] restrictions apply to. I'm not sure that [1:26:17] council intended that council members [1:26:19] would have a more difficult time placing [1:26:21] items on their own agenda than anyone [1:26:24] else being wish to place items in front [1:26:25] of council. I certainly did not intend [1:26:28] the policy to be applied like that when [1:26:29] I voted I. The mayor certainly does not [1:26:32] apply these policy restrictions to her [1:26:34] own items which she wishes council to [1:26:36] consider. It should be noted that I have [1:26:39] submitted items that I ultimately [1:26:41] withdrew because the mayor created [1:26:43] additional steps and requirements not [1:26:45] listed in our submission policy in order [1:26:47] for my item submission to be [1:26:51] on the agenda. So I remove submitting. [1:26:54] That is not how this should work. Nor [1:26:56] should my mayor consider herself an [1:26:59] adversary to council legislative [1:27:01] responsibilities to consider and [1:27:03] entertain ideas beyond her own. Again, [1:27:07] this is the same issue. Council's [1:27:09] ability to place items on their council [1:27:11] agenda and respond to situations, [1:27:14] changes, and new ideas. Council's [1:27:17] legislative duty should not be [1:27:19] obstructed in this manner and it should [1:27:21] not be imposed by an arbitrary schedule [1:27:23] and extreme threshold that is seen in [1:27:26] this resolution. There is another aspect [1:27:29] to this schedule that I wish to bring to [1:27:30] your attention which is that some of the [1:27:32] policies listed are scheduled for two 3 [1:27:36] and 5 years before allowed to be [1:27:39] considered by this or any future [1:27:40] council. Council's terms are for two [1:27:43] years though staggered. Imagine someone [1:27:46] running for council on a particular idea [1:27:48] of updating one of these policies and [1:27:50] the citizens elect that person to [1:27:52] office. There is a likelihood if this [1:27:54] resolution is adopted as president [1:27:56] presented that they could be prevented [1:27:59] from ever being able to represent the [1:28:01] citizens and present the policy update [1:28:04] to council. Remember, this resolution [1:28:06] attempts to create a unanimous vote [1:28:09] threshold to even consider an any of the [1:28:13] policy items listed. [1:28:16] But let's break it down to the basics. [1:28:18] As it currently stands, in order for a [1:28:20] council member to sit and submit an item [1:28:23] to council's agenda, they must first [1:28:25] request a second from another council [1:28:27] member before during the future business [1:28:29] portion of an regular council meeting. [1:28:32] And then the submitted item will be [1:28:34] placed on council's agenda between 3 to [1:28:36] 6 months in the future after meeting [1:28:39] certain requirements such as meetings [1:28:40] with the city administrator if the item [1:28:42] proposes to spend money etc. By not [1:28:45] adopting this resolution as presented [1:28:48] all that still stands. This resolution [1:28:51] restricts 30 restricts 36 issues from [1:28:54] being taken up outside of this arbitrary [1:28:57] schedule. It creates a total of [1:28:59] violation by requiring more than two [1:29:01] members approving placing an item on [1:29:04] council's agenda. It creates the [1:29:06] possible violation of preventing a [1:29:08] member of council being able to submit [1:29:10] items to council's agenda. And it [1:29:12] creates a supermajority vote to approve [1:29:14] such review or updates where no such [1:29:17] threshold is legally required. It [1:29:20] attempts to strike at the very heart the [1:29:22] bedrock principle of council's ability [1:29:24] to legislate and control their agenda. [1:29:27] Let the mayor or staff place the [1:29:28] schedule on their walls as reminders to [1:29:30] themselves as to when it might be a good [1:29:32] time to review and take a look at [1:29:35] updating the policies listed, but leave [1:29:37] in the dumpster outback any attempts at [1:29:39] restricting council's ability to respond [1:29:42] to real life. There appears to be a [1:29:44] motive of efficiency in this resolution. [1:29:46] I would argue that it is more efficient [1:29:48] for this legislative body to get things [1:29:50] right and working for the citizens of [1:29:53] our fair city than to simply allow an [1:29:55] issue to go unreed for years. Sometimes [1:29:58] getting it right involves trying things [1:30:00] out and seeing what works and seeing [1:30:02] what doesn't work. Why would anyone [1:30:05] consider good practice to restrict their [1:30:07] own ability to learn and make things [1:30:09] better? It's amazing this policies [1:30:12] policy is being presented by a former [1:30:14] educator. [1:30:15] I do not believe that it is good [1:30:17] leadership to set up a situation where [1:30:20] everyone fails because they place [1:30:22] arbitrary additional restrictions on any [1:30:25] attempts to correct or even simply [1:30:27] review their own work. Life and the [1:30:30] changes that come with them do not abide [1:30:32] by arbitrary schedules, nor do new ideas [1:30:35] and perspectives about issues. Sometimes [1:30:37] you have to try something out for a bit [1:30:39] before you realize there are elements of [1:30:40] it that do not work. Council needs the [1:30:43] flexibility to easily address those [1:30:45] non-working elements or changes in [1:30:47] perspective unobstructed. It should not [1:30:50] be the mayor's decision as to what [1:30:51] qualifies as excessive and redundant [1:30:54] review and updating of policies. [1:30:57] Council's action should remain with the [1:30:59] legislative body who to decide on base a [1:31:03] case-bycase basis. Simply put, this is [1:31:06] bad policy in its current state. [1:31:10] >> [clears throat and cough] [1:31:12] >> Mayor, yeah, if possible, um, maybe some [1:31:14] clarifications might help. Um, for the [1:31:18] record, standard, [1:31:20] city attorney, factually in my [1:31:23] experience, usually a resolution is a [1:31:26] directive to staff on administrative [1:31:29] matters. And usually with contracts, [1:31:32] contract administration, [1:31:34] routine review, having a tickler system [1:31:37] to kind of bring things back to council. [1:31:40] Um, a resolution is a mere uh statement [1:31:44] of this administration's [1:31:47] um approach, directive. [1:31:50] Um, it is not the same thing as city [1:31:54] code. the resolution as drafted. [1:31:59] I did review it. I didn't catch any [1:32:02] issues. I think that's [1:32:06] with all due respect to Council Member [1:32:08] Grummer. [1:32:10] He's real good at analyzing things and [1:32:13] spotting issues. [1:32:15] I I think there's a little bit of overly [1:32:18] broad concern based on hypotheticals. [1:32:21] The resolution is preempted by state law [1:32:25] in numerous ways. Uh first the Texas [1:32:28] Constitution, you can't bind future [1:32:30] administrations. [1:32:32] You can revisit your own motions and [1:32:35] orders. Um, for example, state statute [1:32:39] in the financial provisions in the local [1:32:41] government code, chapter 111, [1:32:45] a bank depository contract has to go out [1:32:49] for um solicitation [1:32:53] every 5 years. You you're not change [1:32:56] this resolution does not change state [1:32:59] law. It does not change the open [1:33:01] meetings act. It's [1:33:04] more of a [1:33:08] best practices approach with the intent [1:33:13] of capturing concepts like contract [1:33:16] management, revisiting things. It's more [1:33:18] of a of a [1:33:21] aspirational approach. It's not [1:33:24] something that's drafted to prohibit [1:33:28] this body from addressing things that [1:33:31] have to be addressed. So, um the the [1:33:35] resolution is is fine in my legal [1:33:38] opinion as to legal form. [1:33:42] Um and it's up to the local governing [1:33:45] body to make its local rules. [1:33:49] So, I hope that helps. [1:33:50] >> Nice. If I may, since it was my item, um [1:33:56] I I do want to kind of um highlight some [1:34:01] large or strong wording used. So, this [1:34:05] does not prevent a council member from [1:34:08] submitting an item. What it says is this [1:34:11] is the timeline for when certain items [1:34:13] will come back up. So, there is no [1:34:16] prohibited motion there. every November, [1:34:18] for example, the council rules and [1:34:20] meeting procedure would come back up and [1:34:23] a council member could submit the item [1:34:25] in advance with a second and then the [1:34:29] reconsideration would come onto the [1:34:31] agenda and in my mind by asking for the [1:34:34] unanimous approval that was protecting [1:34:36] the entire body. That was my intent [1:34:39] because you all would then collectively [1:34:42] decide if you wanted to bring back up [1:34:44] that policy again. And actually there [1:34:47] was a a history here. So not a future um [1:34:52] hypothetical that occurred. We actually [1:34:54] took up the council rules and meetings [1:34:56] procedure policy I think three or four [1:34:58] times in a a two month period one time [1:35:02] uh with council squabbbling over details [1:35:05] in it. And while I respect that process, [1:35:08] that was very, very difficult for staff [1:35:10] and the administrative team leading the [1:35:12] city at the time because it repetitively [1:35:15] changed how our meetings ran like back [1:35:18] to back to back. And so that was part of [1:35:20] that. Um, so that that isn't being [1:35:23] changed. You all would still have the [1:35:24] right to bring things up. It would just [1:35:26] require all of y'all agreeing to do that [1:35:28] after you've already agreed to pass [1:35:30] something. That's the other thing is [1:35:32] this. These are not new policies. I [1:35:33] haven't snuck anything in there. These [1:35:35] are things that y'all all voted on. For [1:35:37] example, the county council meetings and [1:35:40] rules and procedure policy you all [1:35:42] unanimously approved just in January, [1:35:45] >> right? So to already be bringing that [1:35:47] back up in three months, I felt [1:35:50] personally was a little disrespectful [1:35:52] towards council. The only reason that [1:35:55] item isn't on an agenda already is [1:35:58] because council member Gummer expressed [1:36:00] that he would not be in this meeting [1:36:01] today. Right. So the next possible [1:36:05] meeting he could have had it was in [1:36:07] August because at the timeline of when [1:36:09] we'd submitted we were already [1:36:11] publishing the June agenda and he was [1:36:14] told that agenda was full with other [1:36:16] administrative items. So he was not [1:36:18] rejected. He expressed at that time the [1:36:21] next time would be August. I have with [1:36:23] him communicated with another item. He [1:36:27] declined to have it placed because he [1:36:28] wanted to wait until the entire [1:36:30] comprehensive plan process was in [1:36:32] process for the survey questions to come [1:36:34] back up. He did revoke a surveillance [1:36:36] policy item. We all had that discussion [1:36:39] with Stan in a meeting actually where [1:36:41] the reason I asked for him to have an a [1:36:45] an additional obstacle as he called it [1:36:48] is I asked for the policy to be legally [1:36:50] reviewed and I highlighted that part of [1:36:52] it was an ordinance and part of it was a [1:36:54] resolution and that neither portions [1:36:56] were prepared in those formats and I [1:36:59] requested that he break them out. I also [1:37:02] cautioned on the use of government [1:37:04] surveillance or public surveillance [1:37:05] terminology and as we presented in that [1:37:08] meeting that was not the appropriate [1:37:10] terminology for the security cameras we [1:37:13] were attempting to assault. So I am [1:37:14] explaining myself there because I don't [1:37:16] appreciate the um misconception of my [1:37:20] actions. Also I just reviewed the [1:37:22] council liaison policy and actually we [1:37:24] revoked we repealed the council liaison [1:37:27] policy. Um what's in place now is [1:37:30] actually just says I'm the liazison [1:37:32] which as I communicated in that meeting [1:37:34] I would still be serving in those roles. [1:37:36] I just wouldn't necessarily be attending [1:37:38] the meetings. I would be watching them [1:37:40] and I would still be the representative [1:37:41] between the two boards. So that's not [1:37:44] actually um an issue there either. Um [1:37:49] you know I I don't think there's [1:37:50] anything wrong with this policy. [1:37:52] Obviously I brought it up. Um, I um [1:37:57] firmly reject the concept that this [1:37:59] wouldn't apply to me because if I needed [1:38:01] to bring up any of these policies, I [1:38:04] would have to follow this policy. So, I [1:38:06] don't circumvent it. For every item I [1:38:08] bring to you all, I get a second. The [1:38:11] only items that I don't do that with are [1:38:14] not things I'm a sponsor for, meaning [1:38:15] they're administrative tasks that [1:38:17] maintenance the function of our city or [1:38:19] they're coming from other boards or [1:38:21] other entities. Um and so those you know [1:38:25] most of that if anything has been new [1:38:27] has been brought forward with the second [1:38:29] as well. So, isn't it [1:38:32] >> I just wanted to say that [1:38:35] I read this more in the the light of [1:38:38] what our our attorney said is that it [1:38:42] struck me from the beginning as things [1:38:43] that had always been important to me in [1:38:46] administration of government and that's [1:38:48] better practices not [1:38:52] missing deadlines, legal deadlines and I [1:38:56] and and contract agent [1:38:59] but that's our our responsibility [1:39:02] and I just I didn't see anything in this [1:39:04] that would restrict us from coming back. [1:39:14] Um well there are a few things already [1:39:17] that I'd like to see changed. I'd like [1:39:19] to see golf cart crossing paintings [1:39:23] more often than every three years. [1:39:27] That's just not often enough. Um, I'd [1:39:30] like to see the audit services changed. [1:39:34] Uh, not limited three years. We [1:39:37] continued our audit year this year [1:39:40] because it was necessary for the pro [1:39:43] progress. I think this is way too far [1:39:47] and I would like for council member to [1:39:51] restate his original motion. I was [1:39:55] trying to understand all the facets of [1:39:58] it. You know, I didn't have the [1:40:00] opportunity to um say that. [1:40:05] >> Well, you did have an opportunity. [1:40:06] Second, you didn't feel like there was [1:40:08] enough time, [1:40:09] >> but I I mean, if I may, [1:40:12] um to me, the conversations here [1:40:18] sort of we we agree that you know, a a [1:40:21] schedule is a good thing. It seems like [1:40:24] the main sticking point is requiring a [1:40:27] unanimous vote um and a supermajority [1:40:31] vote um where I I personally don't think [1:40:36] that the the schedule or the resolution [1:40:40] um would suffer by just removing that [1:40:44] one clause. And I would offer an [1:40:47] amendment that um the clause on [1:40:50] requiring unanimous vote [1:40:53] um for discussion um be scripted. [1:40:57] >> Second. [1:40:58] >> All right. Amendment on the table [1:41:00] strikes under the third resolve [1:41:04] require a unanimous vote from the [1:41:06] governing body to take up for [1:41:07] discussion. [1:41:09] >> Second. [1:41:10] >> That's that's great. I don't have a [1:41:12] problem with that amendment. I would [1:41:13] like to speak to my intentions that [1:41:15] someone chose to spoke for for me [1:41:17] tonight. Again, it's was just to protect [1:41:20] you all so that we don't have one or two [1:41:22] council members submitting things [1:41:26] repetitively or wanting to reconsider [1:41:28] things after you all have voted. [1:41:32] So that was it [1:41:33] >> and that was an amendment. [1:41:35] >> I would amend second by council. [1:41:38] >> Oh yeah, I didn't hear that. Thank you. [1:41:40] >> Thank you. And that is based on reality [1:41:42] because over the course of the last five [1:41:45] years that has said occurred at least [1:41:48] three different times. [1:41:49] >> What has occurred [1:41:50] >> where a single [1:41:53] this is not a hypothetical this occurred [1:41:55] here [1:41:56] >> where policies were brought back [1:41:58] repetitively [1:42:00] um because a single council member was [1:42:02] not and it wasn't a single person [1:42:05] either. This was three to four different [1:42:07] people bringing back policies every [1:42:09] single meeting to tweak and tweak and [1:42:12] tweak because they didn't get their way [1:42:13] in the previous meeting. So, we spent [1:42:16] probably about six hours total on one [1:42:19] policy um ping ponging back and forth [1:42:21] again in another one. [1:42:24] I know that you might find no problem [1:42:27] with that, but I can tell you from [1:42:29] working with three different [1:42:31] administrative staffs now that our staff [1:42:34] does not appreciate when our council [1:42:37] cannot give them a clear directive and [1:42:41] stick to it. It becomes very difficult [1:42:43] to manage this city. We have lost two [1:42:46] previous city administrators over these [1:42:50] kind of things. If I'm being completely [1:42:53] honest, obviously they also left for [1:42:54] other reasons, but these were huge [1:42:58] complaints from them. So my goal with [1:43:00] this was to create a protection for all [1:43:04] of us and our time and you guys have [1:43:08] struck that point. So that's address. I [1:43:11] just wanted to speak for myself instead [1:43:13] of having somebody um speak for me which [1:43:16] I don't find appropriate. [1:43:18] You have spoken twice. Does anyone else [1:43:20] have any comments? You actually issued [1:43:23] an original motion, spent over 6 minutes [1:43:25] speaking the first time. Does any other [1:43:27] council member have an additional [1:43:28] comment before Chris Gmer speaks for [1:43:30] what he perceives to be his second time? [1:43:35] » No. All right, Council Member Germit, [1:43:38] >> you have the floor again. [1:43:40] >> Over the last 5 years of service on [1:43:42] council, I can easily sum up what I've [1:43:44] stood up for and my goals as a [1:43:46] representative of the citizens of this [1:43:48] fair city. that is that the beautiful [1:43:50] and elegant system the state has handed [1:43:53] down to us as an aldermatic form of [1:43:55] government here in Wood Creek is [1:43:57] preserved and protected and even [1:44:00] encouraged to become an exemplary [1:44:02] example of democracy in action. I have [1:44:05] run on the very ideal of a government [1:44:07] that works for the people. Believe me [1:44:10] when I say I've gained no pleasure in [1:44:13] calling out where, when, and whom of us [1:44:16] fail to uphold these others. I [1:44:18] understand well the experiences of being [1:44:20] called out for my own failings. [1:44:23] I have spent these last five years [1:44:25] researching, questioning, and fighting [1:44:28] for the system of government by which [1:44:30] the citizens are best represented. It is [1:44:33] better to have a team of these five [1:44:35] elected council members exploring the [1:44:37] best path forward in representing the [1:44:39] people than it is for one person to [1:44:41] attempt to make all the decisions. [1:44:43] Regardless of how smart an individual [1:44:45] may be, a single person has a hard time [1:44:48] finding their blinding spots or those [1:44:51] perspectives that they have not yet [1:44:53] considered. Whereas five council members [1:44:56] of diverse perspectives, experiences, [1:44:59] and ideas is more likely to find [1:45:01] solutions otherwise not considered. [1:45:04] I want to apologize to the mayor for it [1:45:06] may seem to some that I have been giving [1:45:08] her a hard time since she has taken this [1:45:10] on this role as mayor. It is not because I don't think she is [1:45:16] capable and intelligent and fit for the [1:45:18] role as mayor. Actually, it is quite the [1:45:21] opposite. It is because I have such high [1:45:24] standards for her, having known her [1:45:26] these many years, serving next to her, [1:45:29] that I know she is more than capable of [1:45:31] doing better for working towards [1:45:33] representing the best of our community. [1:45:35] It is because I care that she succeeds [1:45:38] in her role that I may appear to push [1:45:40] her harder. A long time ago, I [1:45:44] approached a teacher of mine and told [1:45:46] her that I felt she was singling me out [1:45:48] more than anyone else in the class and [1:45:50] holding me to a higher standard than she [1:45:52] was holding the other students. Her [1:45:54] response has always stayed with me. She [1:45:57] told me it is because she knows that I [1:45:59] am capable. That is why she is has a [1:46:02] higher standard of criticism for me. If [1:46:04] she did not believe that I was capable, [1:46:06] she wouldn't waste her time. I hold [1:46:09] grace for all of us to grow and learn [1:46:11] and become better at representing this [1:46:13] beautiful messy democracy we find [1:46:16] ourselves in. But I will also hold the [1:46:18] sword to fight for council's fundamental [1:46:21] ability to fully realize, discuss, [1:46:25] change their minds to create better [1:46:27] solutions and to allow messy [1:46:29] disagreements to happen as part of that [1:46:31] process. [1:46:33] Things do not become better simply by [1:46:36] placing them on a shelf unexamined. They [1:46:39] need to be held up under scrutiny, [1:46:41] questioned, and called out. That doesn't [1:46:44] mean you do not value it. It means you [1:46:46] value it more because you are willing to [1:46:49] put in the effort. There is a pervasive [1:46:51] mindset of us versus them in our [1:46:53] community. But I will point out that very mindset also includes the go [1:46:58] along to get along which seems to float [1:47:00] around in the air around here. [1:47:02] That do not question mindset means you [1:47:05] do not care whether the something truly [1:47:08] works or not because you place your own [1:47:10] feelings of belonging ahead of what [1:47:12] actually might be right. I will admit I [1:47:15] have fallen prey to this pervasive [1:47:17] settling. And what I mean pervasive is [1:47:20] that get along don't make waves mindset [1:47:22] expresses itself constantly around us [1:47:25] including such statements as come back [1:47:27] to the table to anyone who is different [1:47:30] points of view than those at the table. [1:47:33] This mindset is the very process of [1:47:35] othering those who may disagree with [1:47:37] your perspective and this othering [1:47:39] creates you are either with us or you [1:47:42] are outsider one of them. This mindset [1:47:45] and its expression is immediately [1:47:47] created the us versus them divisiveness [1:47:50] that so many of this administration has [1:47:52] attempted to fuse in the past. It also [1:47:55] attempts to invalidate someone's level [1:47:57] of commitment and voice on an issue. We [1:48:00] are actually in this together. [1:48:03] Being a mayor or a council member is not [1:48:05] an easy thing to do in a small town such [1:48:06] as ours. But please let us not make a [1:48:09] disagreement or a mistake become the [1:48:12] only identifier of a person. While our [1:48:14] mayor presented this ridiculous [1:48:16] resolution in front of us is a huge [1:48:17] mistake. I do not hold this one misstep [1:48:20] as a sum of who she is. These service [1:48:23] roles almost require that we will get [1:48:26] things wrong sometimes. And that is kind [1:48:28] of my whole point here. We need to allow [1:48:31] ourselves the ability to learn to [1:48:33] correct things and to work to make [1:48:35] things better. The resolution as [1:48:38] presented assumes that we are living in [1:48:40] a non-changing world. That council has [1:48:42] previously made the best version of [1:48:44] policy ever to exist and no improvements [1:48:47] can or should be made and that council [1:48:49] cannot learn anything new or adapt to [1:48:52] any new new situation that may present [1:48:54] itself. That is unrealistic. [1:48:57] It is one of the bedrock principles of [1:48:59] council's process to review, discuss, [1:49:02] question the full implications, [1:49:04] identify, and weigh the pros and cons [1:49:07] and the context of something in order to [1:49:09] create the best fit for our community. [1:49:11] Though I sometimes wishfully entertain [1:49:13] that I could wave a wand and there would [1:49:15] never be a conflict, I know that as [1:49:17] often that very conflict that we should [1:49:20] be exploring, differing perspectives can [1:49:23] create innovative solutions. to hamper [1:49:25] that would to leave possibilities [1:49:27] undiscovered. Council should continue [1:49:29] preserving and protecting their [1:49:31] legislative duties and responsibilities [1:49:33] from any additional restrictions not [1:49:36] already given to us by state and federal [1:49:38] law. We should all stand up and protect [1:49:40] our obligations regardless of whether or [1:49:43] not someone else finds our process [1:49:46] objectionable, messy, inefficient, [1:49:49] excessive, or redundant. [1:49:52] Council member Banning requested to read [1:49:54] your um failed motion. Would you please [1:49:56] do so? [1:50:04] » I move that council directs staff andor [1:50:07] the city attorney to make the following [1:50:09] edits and return the draft resolution to [1:50:12] council for approval. [1:50:14] The edits are to remove the third and [1:50:18] final result section from this [1:50:20] resolution and any creation of a [1:50:23] threshold higher for submission [1:50:26] of any item to council's agendas or [1:50:28] council's final approval on an item on [1:50:31] council's agenda than legally required [1:50:33] by state law and remove the entire [1:50:36] section regarding policy and any [1:50:39] reference to in the document pertaining [1:50:41] to such specifically the whereas [1:50:44] statement about excessive and redundant [1:50:46] policy review, leaving only the sections [1:50:49] named infrastructure and asset [1:50:51] maintenance and contract services and [1:50:54] that the resolution makes clear that [1:50:56] only these two sections are being [1:50:58] addressed by this draft resolution [1:51:00] including the warehouse and resolved [1:51:01] sections. [1:51:03] >> Do we have any further That's not a [1:51:04] motion. Um he did not make an amendment. [1:51:07] He was responding to your question. Miss [1:51:09] Leard, [1:51:10] >> just very quickly, I I believe that [1:51:12] council member Rasco's [1:51:15] amendment addresses many of the things [1:51:18] that council member [1:51:21] just outlined [1:51:23] in the ability to bring back [1:51:26] items to council without the unanimous [1:51:31] approval of such. That's true. [1:51:34] >> All right. Any other additional [1:51:35] discussion on this item? Hearing [1:51:40] none, you will all have the opportunity [1:51:41] to vote. All in favor of passing this [1:51:43] resolution with the amendment to strike [1:51:45] require unanimous vote from the [1:51:46] governing body, please raise your hand [1:51:48] and say I. [1:51:49] >> You still need to vote on the amendment [1:51:50] first. [1:51:51] >> Oh, apolog No, really? I thought that [1:51:53] Oh, apologies. [1:51:55] >> Yeah. So, we'll vote on the amendment. [1:51:56] All in favor of the amendment to strike [1:51:59] require unanimous vote from the [1:52:00] governing body, please raise your hand [1:52:02] and say I. [1:52:03] >> I. [1:52:04] >> So, that is a unanimous vote, I believe. [1:52:06] I Yeah. And then on the full main [1:52:09] motion, it would be to approve [1:52:11] resolution number 2026-07-08-02 [1:52:15] establishing a schedule for routine [1:52:17] maintenance contract review policy [1:52:18] review for the city of Lake Creek with [1:52:20] the amendment to strike under the third [1:52:22] resolve require unanimous vote from the [1:52:24] governing body to take up this for [1:52:26] discussion. Please raise your hand and [1:52:29] say I. [1:52:31] >> Three eyes. It passes. Nay. Nay. [1:52:35] >> Two nays. [1:52:41] And I apologize because um I made a [1:52:44] statement that this policy isn't [1:52:46] addressed but it is in the end. I was [1:52:50] meaning that it's not addressed in the [1:52:51] chart and I'm sorry about that [1:52:55] [clears throat] [1:52:56] >> question on procedure. [1:52:59] Does this prevent previously approved [1:53:02] items from coming on to? It doesn't [1:53:05] prevent them. It would come up in [1:53:06] November after the election, heard this [1:53:08] policy, unless a council member wanted [1:53:11] to bring it up and have a second. [1:53:13] >> And then your your item can come back in [1:53:17] August. What this says is that it would [1:53:19] require a super majority vote to pass [1:53:21] it. [clears throat] [1:53:23] >> No, we struck that. [1:53:25] >> No, we struck unanimous vote for [1:53:29] my was [1:53:32] >> Yeah. Uh Jeff made sorry [1:53:37] required unanimous vote for discussion [1:53:39] to be stricken. [1:53:41] That's it. [1:53:42] >> What I said was that the clause [1:53:47] >> the clause requiring the unanimous vote [1:53:49] for [1:53:49] >> me. That's not what was stated but we [1:53:52] can retract and go back if there is [1:53:55] confusion here. What was stated was the [1:53:57] clause and then you [1:54:00] >> only read that section. I was motion to [1:54:02] be considered silent. [1:54:04] >> I hear you. I'm just explaining that [1:54:05] when I restated it, none of that was [1:54:07] ever corrected. When I stated what the [1:54:09] amendment was, nobody corrected that. [1:54:12] >> So you're to be clear trying to strike [1:54:15] the entire resolve section. [1:54:17] >> That was my intent. [1:54:18] >> Okay. [1:54:19] >> And that's what I regret. [1:54:23] » Okay. So [1:54:25] we will reconsider the amendment first. [1:54:29] So everyone's clear. You're striking [1:54:31] that entire section. All in favor of [1:54:34] striking the third resolve in its [1:54:36] entirety, please raise your hand and say [1:54:38] I. [1:54:38] >> I. [1:54:40] >> Unanimous I. All in favor of passing the [1:54:43] policy with that entire sectional [1:54:45] struck, please raise your hand and say [1:54:46] I. [1:54:47] >> I. [1:54:48] >> Three eyes. Passes. Nays. Two. [1:54:52] >> All right. Um, I would like to have [1:54:55] discussion about your item at a later [1:54:56] time, Mr. marked and whenever we are [1:54:59] both maybe of cooler heads and not [1:55:01] having um been in a meeting with [1:55:04] everyone for 8 or till 8:00 right [1:55:07] >> mayor if I make a quick comment [1:55:10] >> there are always emergency situations [1:55:12] where you know something can be brought [1:55:14] to council there always situations [1:55:19] um that may require revisiting a policy [1:55:24] or a code for example the state [1:55:27] legislature passes new rules and you [1:55:30] need to amend your local rules there. So [1:55:33] there's there's always situations [1:55:36] um I'm reading the policy to be a [1:55:39] baseline for example on road [1:55:43] um [1:55:44] >> regulations [1:55:45] >> regulation [1:55:46] devices you know the three years is is [1:55:50] again that's a minimum a baseline. It [1:55:54] doesn't necessarily preclude [1:55:57] if there's an engineering study or if [1:56:00] there's if there's a compelling need to [1:56:02] bring something back. It's just to [1:56:05] revisit it every 3 years or whatever. [1:56:09] And but there's but you can address [1:56:12] emergency repairs. you can address um [1:56:16] any needs that the city has [1:56:20] that if there's [1:56:22] a legitimate need it can it can be uh [1:56:25] directed to staff or there's a way to [1:56:29] get there is what I'm saying. So so [1:56:32] again you're you're not boxed in [1:56:35] completely you there is some discretion [1:56:38] obviously u based on the totality [1:56:41] surface. So my question is a legal one [1:56:43] in that it states. So the question is I [1:56:47] submitted several months ago. [1:56:49] >> No, in June, [1:56:51] >> May. I got my second in May. I actually [1:56:54] submitted it in April [1:56:59] and I got my second in May or and [1:57:03] council agreed to allow me to present [1:57:06] onto the agenda and update to the [1:57:09] conduct of meetings. [1:57:11] Council member Grimmer, that is not on [1:57:13] his agenda. [1:57:14] >> I'm asking a legal question in regards [1:57:16] to the resolution we just passed. [1:57:20] The the the question is does the [1:57:23] structure of this resolution where it [1:57:25] says the update to [1:57:28] conductive uh update to the policy of [1:57:31] conductive meetings is no longer allowed [1:57:34] until this dates much in the future [1:57:38] prevent my item that I've already been [1:57:40] approved to submit. [1:57:44] It's been sitting waiting for months [1:57:45] before it land on agenda. which are [1:57:47] >> these state facts. That is not true. [1:57:51] >> I literally looked it up before I any of [1:57:54] this. [1:57:58] » But he just said he just said this be [1:58:00] your minimum standard. Something that [1:58:02] has to come back earlier than what's on [1:58:03] here. It [clears throat] comes back [1:58:05] earlier than what's on here. [1:58:06] >> That's the question. This is not it's [1:58:09] not stated as minimum standard. [1:58:11] >> The answer is this resolution does not [1:58:14] expressly prohibit that. Thank you. [1:58:16] >> Now the body [1:58:19] makes its own rules and you can revisit [1:58:22] rules whenever the body decides to [1:58:25] revisit rules pursuant to its [1:58:28] procedures. Um so the the agenda item [1:58:33] here is this resolution and the answer [1:58:36] is no. It's not that restrictive. Um it [1:58:40] it's a presumptive [1:58:43] >> um baseline. [1:58:45] >> So I [1:58:46] >> as I already told you earlier, your [1:58:48] thing will come up in August. The only [1:58:51] reason it didn't come up in sooner is [1:58:53] because you were told the June agenda [1:58:55] was full and you communicated you did [1:58:57] not intend to be here for this meeting [1:58:59] >> and and we really need to focus on [1:59:01] >> the agenda. Yeah. I ain't saying I'm [1:59:04] just clarifying that this you're [1:59:06] understanding everyone's understanding. [1:59:09] >> Thank you. [1:59:10] >> Yes. [1:59:12] >> Yeah. [1:59:13] Don't fall through the cracks. [1:59:19] » That's the way I look. [1:59:23] >> Are we done? Is everyone their piece? [1:59:25] Thank you. We have a individual here [1:59:29] who's um represented for items six and [1:59:32] seven. We will call our executive [1:59:35] session to consult and receive and seek [1:59:36] advice from attorney pursuant to section [1:59:39] 551.071 [1:59:42] of the Texas government code regarding [1:59:44] legal requirements and procedures for [1:59:45] issuance of building permits pursuant to [1:59:47] chapter 151 of the city's code of [1:59:49] ordinances including but not limited to [1:59:51] instances of applicant hardship and [1:59:53] related legal considerations. [1:59:56] at 801. [2:00:00] Um, executive s [2:00:04] >> recording progress. [2:00:07] >> We're reconvening at 8:24. No action was [2:00:10] taken during the executive session. We [2:00:13] do have uh a written public comment to [2:00:15] read and then we do have the individual [2:00:17] applying for the variance here. We'll [2:00:19] read the written public comment first. [2:00:20] That's okay. and then we'll do the the [2:00:22] inerson. [2:00:23] >> Okay. [2:00:24] >> I should start timer. Sorry. [2:00:26] >> Sorry. [2:00:27] >> Um this individual submitted a total of [2:00:29] three comments actually. So I we are the [2:00:32] we're going to start using the timer and [2:00:35] uh the city secretary will be reading [2:00:36] them. [2:00:39] >> Thank you to remove any u political [2:00:44] issues with this process. All right. Um [2:00:49] go ahead. I notice number seven on our [2:00:51] council's regular agenda deals with the [2:00:53] spokes law. If this is in any way deals [2:00:56] with installation of an above ground [2:00:57] pool, please read by below objection [2:00:59] into the record. At the time this item [2:01:01] comes up for council's consideration as [2:01:03] I'm unwilling to take a chance on [2:01:05] something that so much affects the [2:01:06] appearance of my neighborhood and the [2:01:08] value of our homes. I remain completely [2:01:10] opposed to these above ground pools. [2:01:11] Know that I want restrictions that may [2:01:13] go with them. The ordinance should be [2:01:14] left as is with no amendments whatsoever [2:01:16] in a trust of my opposition to any above [2:01:19] ground pool ordinance previously sent to [2:01:20] the city secretary. You and others will [2:01:23] be read by her at any city council [2:01:25] meeting concerning these pools. Sorry, I [2:01:27] have practice law for over 15 years and [2:01:29] I've seen many unintended consequences [2:01:32] of situations like this where just a [2:01:33] small opening was left for someone to [2:01:35] later utilize like this drought [2:01:37] temporarily passing and someone putting [2:01:38] in one of these pools before another one [2:01:40] comes along. Thank you for your time and [2:01:42] your service. Lou Joseph and Elizabeth [2:01:45] 23. [2:01:47] Please note our opposition to any city [2:01:49] ordinance in any shape or form which [2:01:50] authorize any above ground swimming pool [2:01:52] construction. One, city already has an [2:01:54] ordinance in place prohibiting any above [2:01:56] ground pool construction in order that [2:01:58] it was passed for a very good reason. [2:02:00] Two, currently there are critical draw [2:02:02] restriction signs from the eastern [2:02:04] groundwater conservation district around [2:02:06] Wood Creek requesting 30% less water [2:02:08] use. Three, Jacobsville aquaer is so [2:02:11] depleted that the pool can't be used by [2:02:12] the public anymore and our aquifer already stressed out as well. [2:02:17] Lastly, above ground pools are [2:02:19] unattractive and adversely affect [2:02:21] property values. We also ask the city [2:02:23] secretary to read this objection into [2:02:25] the record of any city meeting [2:02:26] concerning any above ground pool [2:02:27] ordinance as well as reading it to any [2:02:30] assembled audience there if possible. [2:02:31] Thank you for your time and [2:02:32] consideration this matter. Our aquafer [2:02:35] property values and the preservation of [2:02:36] them are very important to us. Very [2:02:39] truly [2:02:41] Joseph. [2:02:43] Okay. And dear city secretary, please [2:02:46] read our belove unconditional opposition [2:02:47] to the assembled public and into the [2:02:49] record of any proceeding involving any [2:02:51] proposed above ground pool ordinance [2:02:52] seeking to authorize the construction of [2:02:54] above ground pools in the city of Wood [2:02:56] Creek. Please read this objection into [2:02:58] public comment section to any city [2:02:59] council meeting including but not [2:03:00] limited to city council meeting [2:03:02] scheduled for 892023 and 823 2023. if [2:03:06] there are in any way connected with [2:03:08] construction and or installation of [2:03:09] above ground pools or on the agenda of [2:03:11] any other proceeding involing such above [2:03:13] ground pools. One, our city has already [2:03:15] have in place an ordinance prohibiting [2:03:16] any above ground pool construction and [2:03:18] we're certain that it was passed for [2:03:19] reasons that were good then as well as [2:03:21] still doing good now. If it ain't broke, [2:03:23] don't fix it. Two, climate change and [2:03:25] oils dry out. We're currently in drought [2:03:27] restriction emergency with signs all [2:03:29] over Wood Creek asking us to lower our [2:03:30] water usage by 40%. Jacob's well is [2:03:33] close and our own training aquifer is [2:03:35] already stressed out as it is. We don't [2:03:37] want these pools even if that's 40% [2:03:38] figured lower. We know the people near [2:03:41] Wood Creek who are now having to water [2:03:43] having to have water trucked in because [2:03:45] their walls have already jumped. Three [2:03:46] above ground pools are Pandora's box, a [2:03:49] can of worms that should never be opened [2:03:50] for any reason. [2:03:51] >> That's it. [2:03:53] >> Question. Weren't these three different [2:03:55] people? [2:03:55] >> He [2:03:57] Okay. [2:03:57] >> Yeah. in the thing it says, "Please read [2:04:00] any future past [2:04:04] they've ever submitted." So, [2:04:05] >> yeah. And then when I So, statement of [2:04:08] fact, um, swim spas are not above ground [2:04:11] pools per our code. Um, so when I did [2:04:16] inform him of that, he did not retract [2:04:19] his comment. So, we proceeded with [2:04:21] reading it as it was submitted in [2:04:24] addition to his other comments for his [2:04:26] request. [2:04:28] All right, we're going to move into item [2:04:29] number seven regarding the request for [2:04:32] the installation of a swim school and [2:04:34] allowing the permit process to commence [2:04:36] for 74 Champion Circle. [2:04:39] Do I have a motion? [2:04:44] to approve a request for the [2:04:46] installation of the slope spa and allow [2:04:47] the permitting process to commence for [2:04:49] 74 champions. [2:04:59] Motion fails for lack of second [2:05:03] a different motion or [2:05:05] >> Well, I wanted to hear from the [2:05:08] resident. [2:05:08] >> I I apologize. [2:05:11] No, I'm sorry. Yeah, I [2:05:12] >> I know you were doing a motion and then [2:05:14] she talks and then [2:05:16] >> I I just tell her she could speak before [2:05:18] we typically with the items going to [2:05:20] have a motion to open it up and I [2:05:21] apologize. Please, if you would like to [2:05:23] issue a comment now, that would be [2:05:24] appropriate. Well, I'm just grateful to [2:05:27] be here and it's been an honor to sit [2:05:28] and watch y'all do your job and I'm [2:05:31] thankful to be in the city with such [2:05:34] great leaders and so thank you for [2:05:37] having me and hearing me and I am here [2:05:40] to request a variance to the moratorum [2:05:44] that I wasn't aware of. I just wasn't [2:05:47] aware of it. I would have bought the [2:05:50] swim spa if I was aware of it. I mean, I [2:05:52] wouldn't have done that. Um, but uh I [2:05:55] did for my healing and I've been [2:05:59] watching it sit there for 6 weeks when I [2:06:01] should have been in it healing and I [2:06:04] look forward to healing with it. I hope [2:06:06] and pray that you will grant the [2:06:08] variance. Uh I do uh have several [2:06:11] medical conditions that I believe this [2:06:15] will cure. So [2:06:19] I'm not going to use your water or our [2:06:21] water. I'm having the water uh hauled in [2:06:25] and uh I don't do any topping off of the [2:06:28] uh feeding of the swim spa with rain [2:06:31] water collection or have it trucked in [2:06:34] as well. I don't want to be this this [2:06:36] stuff the spot and it's going on granite [2:06:40] so it's not going on concrete [2:06:42] [clears throat] [2:06:43] and um [2:06:46] and I just believe that that I've healed [2:06:49] with this swim spot and I have a [2:06:52] doctor's prescription. [2:06:54] >> That's a good question that I haven't [2:06:56] actually found out about yet. Is this [2:07:00] any ground? [2:07:02] >> It It's And I have a deck around it and [2:07:05] it's lovely. I think [2:07:09] >> it's [2:07:10] a five ground spa. Swimming spa. [2:07:13] >> It's not a pool. [2:07:15] >> But you're digging a big hole. [2:07:18] >> No, no, not digging a hole. It's going [2:07:20] to have a granite slab to be placed on [2:07:22] and then a decking around it. [2:07:26] Okay, we do need a motion before we get [2:07:29] into Q&A, please. Um, so if we could [2:07:32] have a motion on the table. [2:07:34] >> Thank you for hearing me. [2:07:38] And my name is Laura. I didn't introduce [2:07:40] myself. [2:07:42] Thank you. [2:07:44] And this is my first home, so I'm I'm [2:07:47] learning all kinds of things about home [2:07:49] ownership and and this city. So, and [2:07:53] your rules. [2:07:55] specified. [2:07:57] >> Thank you. So, um, council, we do need a [2:07:59] motion to either approve or deny the [2:08:01] variance. Um, we I don't know what the [2:08:04] proper rules on not taking it up at all, [2:08:06] but I would request that we either [2:08:08] approve or deny the variance. [2:08:11] I move that we take action to approve [2:08:16] request for installation of a swim spa [2:08:20] and allow the the permitting process to [2:08:24] commence for 74 champions. [2:08:29] >> We have a second. [2:08:30] >> I'll second. [2:08:31] >> So we have a second for discussion [2:08:32] purposes. Council member Bailey made the [2:08:34] motion as stated in the packet. Council [2:08:36] member Richardson is a second. Um so [2:08:40] clarifying details uh swim spas or at [2:08:43] least this one in particular and [2:08:45] typically it's all above ground. They're [2:08:46] basically really really large hot tubs. [2:08:49] Um and I will caution you though that [2:08:53] your um your impervious coverage you [2:08:58] barely got the swim spa under it. I do [2:09:02] not believe additional debt being would [2:09:04] be covered. And so if they choose to [2:09:06] approve your variance tonight, you would [2:09:08] need to work with city administrator [2:09:09] Burton on that concept because you might [2:09:12] not be able to install the decking you [2:09:13] wish. And if they do choose to approve [2:09:16] your variance tonight, you would still [2:09:18] have to go through the permit [2:09:20] application process where you would need [2:09:21] to approve the rainwater collection and [2:09:24] that is a large enough um system to [2:09:29] support filling something like this. Um, [2:09:31] so all of that documentation would need [2:09:34] to be as as part of the permit process [2:09:37] should they approve the variance. The [2:09:40] first step tonight is just the variance [2:09:42] and we would need a direct statement on [2:09:45] that. This is not necessarily [2:09:48] sufficient enough in my opinion, but um [2:09:51] so I would request that it be amended to [2:09:53] reference the variance in Virginia [2:09:58] if you choose to pass. to amend her [2:10:02] motion. [2:10:03] >> Okay. [2:10:04] >> Yes. Because the the packet [2:10:07] um doesn't necessarily directly [2:10:10] reference the variance and I'm I'm just [2:10:12] concerned about [2:10:15] um about that. [2:10:19] >> Sorry. [2:10:19] >> I move to amend to specifically [2:10:22] reference a variance. [2:10:25] Second. [2:10:30] in the it would be to approve or deny [2:10:32] the hearings would be the amendment. [2:10:36] >> Do y'all have any discussion or [2:10:37] questions? [2:10:39] >> I'd like to say that if you if you don't [2:10:41] mind, may I say something? Uh the guy [2:10:46] who's going to come and fill it up says [2:10:48] that he can write a letter that shows [2:10:52] that he will be in charge of keeping it [2:10:55] filled. you would have to provide um the [2:10:58] initial purchase of the water. That's [2:11:00] what we've required in the past. So, [2:11:03] that we understand they might not fill [2:11:04] at that exact time, but you would have [2:11:06] to essentially have that in place. [2:11:09] >> Um a maintenance contract [2:11:12] >> or the refill would definitely benefit [2:11:14] you in regards to the city administrator [2:11:17] approving the application. [2:11:18] >> Yes. [2:11:19] >> Um none of that was provided tonight [2:11:21] though for the record. [2:11:24] Yeah, that's excuse [clears throat] me. [2:11:26] I'm sorry. That that's really my issue [2:11:28] is that um [2:11:31] you know the spa was purchased and [2:11:35] delivered and [2:11:38] um and you come to us with you know [2:11:40] legitimate issues. Um but you know our [2:11:44] the the reason that you have to follow [2:11:46] varants is because our job is to enforce [2:11:50] the policies of the city. um we haven't [2:11:52] approved um even a hot tub you know in a few years we did one one cool um [2:12:00] and the the medical documentation on [2:12:03] that one one person was um was extensive [2:12:08] >> well I've had the MRIs and the CAT scans [2:12:11] and all of that that I can provide I [2:12:13] just didn't think that that should be [2:12:15] necessary I mean I really didn't but I'd [2:12:18] be happy to provide it [2:12:19] >> all I'm saying is that you for us to [2:12:22] approve the variance. Um, we had to say [2:12:26] it's it's so compelling that we're [2:12:28] willing to break the rules that we have [2:12:30] set for ourselves. Um, and your [2:12:33] application to me, I mean, it's just in [2:12:36] my opinion, the application, you know, [2:12:38] isn't strong enough for for me to to [2:12:41] feel like it's there. I mean, it's not [2:12:42] that you can't go back and come back [2:12:45] with with strong. I mean, just like like [2:12:47] the the contract for the water being [2:12:50] trucked in, the design of the rainwater [2:12:54] system that's going to to top it off. [2:12:56] >> Um, you know, I I don't know about them. [2:13:00] Well, I don't know, you know, physical [2:13:01] therapist or, you know, orthopedic [2:13:04] surgeons or or whatever. you know that [2:13:06] you know if you if if I had better [2:13:09] documentation that yeah this is really [2:13:11] important and there's no other way you [2:13:13] can do it like going to the YDA or or a [2:13:16] physical therapist that you know might [2:13:18] provide um you know that service um then [2:13:23] I mean it'd be easier for me to to say [2:13:25] okay let's go ahead and break the rule [2:13:27] that that's my opinion on my one vote [2:13:30] and I'm sorry I feel that way but that is [2:13:35] >> [clears throat] [2:13:35] >> Council, if I may, you do have the [2:13:37] option if you'd like to postpone us for [2:13:39] further documentation as well. Just in [2:13:41] hearing that comment, that is a [2:13:42] possibility. [2:13:45] There's nothing wrong with that. Does [2:13:47] anyone else have any additional [2:13:48] questions for the applicant or [2:13:50] additional comments or concerns? [2:13:52] >> Do you know offand how many gallons it [2:13:55] takes to fill? [2:13:56] >> About 2,000. [2:14:02] and [2:14:03] >> and I have it planned to be delivered as [2:14:05] soon as it's [2:14:08] moved and set up on the pad that's being [2:14:11] built. [2:14:13] >> I will say typically water truck [2:14:15] providers don't do less than a,000 uh [2:14:17] refill. Occasionally they'll come out [2:14:19] for something like 3 to 600. So again, [2:14:23] should should you wish should council [2:14:25] postponed and you wish to provide [2:14:27] additional documentation or should your [2:14:29] variance be granted and you move into [2:14:30] the permit process, it would really [2:14:32] benefit you to have more of that stuff [2:14:35] documented, you know, like the size of [2:14:37] your rainwater collection, your contract [2:14:38] with your water provider saying they [2:14:40] would fill lesser amounts than a [2:14:41] thousand. And so I mean, if I could echo [2:14:44] what he rascow said is that um in seeing [2:14:48] this application [2:14:50] um there is a burden of the applicant to make a [2:14:55] compelling case to grant a variance. [2:14:57] That's standard policy that's nothing to [2:15:00] do with you or this situation if that [2:15:02] makes sense. And so what I have heard or [2:15:06] what I am hearing now is that um there [2:15:08] is not necessarily right now a [2:15:10] compelling case um meaning um a [2:15:15] long-term disability that would take a [2:15:18] permanent installation [2:15:20] or um you know the the plans for the [2:15:24] rainwater collection would have been [2:15:25] very helpful or um the the literal [2:15:29] contract with your water provider. these [2:15:31] were things these would be things that [2:15:33] would make for a more compelling case. [2:15:36] Um because the variance is basically we [2:15:38] have rules and so you're asking us to go [2:15:41] around these rules and it's sort of like [2:15:43] a burden of proof on your part if that [2:15:47] makes sense. [2:15:47] >> Well, it's all ready to go. It's ready [2:15:50] to be done. The the the the crew is [2:15:54] ready to to build the pad and the [2:15:56] rainwater collection and install the the [2:15:58] jacuzzi. It's all ready to be and I I [2:16:02] need to be healing in it yesterday. [2:16:04] >> Do the plans that you submitted include [2:16:07] >> those? [2:16:08] >> Well, it could happen it it can happen [2:16:11] as soon as y'all give me the okay to [2:16:14] >> doesn't work. No, you have to come first [2:16:16] and then and then we say, "Okay, that's good." [2:16:19] >> I mean, we can't we can't I mean, I [2:16:21] can't I can't I can't do for you what we [2:16:25] haven't done for a lot of other people [2:16:27] in this drive. [2:16:29] um with just on the on the promise that [2:16:33] yeah, I'll bring something back to you, know, after I get it done, after I [2:16:36] get it everything set, I I mean, it's [2:16:38] like if if if we had it now and had more [2:16:40] to to work with, [2:16:42] >> you know, you and this is this doesn't [2:16:44] say that it will never come back before [2:16:47] the council. You never have another [2:16:49] chance. It's just that we in my opinion [2:16:51] the application is just incomplete and it's like like it would be it would [2:16:56] be [2:16:58] it would just be tough for me to say [2:17:00] okay I'll take your word for it. Right. [2:17:02] So um [2:17:05] sorry but [2:17:08] >> does anyone else on council have [2:17:10] anything they'd like to share or say? [2:17:12] Just I if anything I'd like to see [2:17:16] further documentation [2:17:18] of medical. [2:17:20] You got it. I'll get it. [2:17:25] So right now we have an amendment to [2:17:28] address variance specifically. That's [2:17:31] what it said. Does specifically [2:17:32] reference gay varian? [2:17:34] >> If we could vote on that amendment. Now, [2:17:37] I would request we vote that down if you [2:17:40] don't mind and that we either approve or [2:17:42] deny the variance and issue that [2:17:44] amendment or postpone for further [2:17:47] documentation. One of those three [2:17:48] options I think would be more clear for [2:17:51] staff and for the applicant. [2:17:56] So [2:17:57] you want an amendment to deny the [2:18:01] dariance or approve the variance [2:18:03] >> or a secondary like a new motion where [2:18:07] we a postpone is a standalone motion. It [2:18:10] would intercept the conversation and [2:18:12] stop it. All of it would end. Postponing [2:18:15] means done tonight. Come back at the [2:18:17] next meeting with XYZ. So we have to [2:18:21] take up this amendment that says [2:18:23] paraphrasing addressing a variance. I [2:18:25] would ask that y'all vote that down and [2:18:27] if you intend to approve or deny you [2:18:29] make that amendment [2:18:31] >> or someone issued a motion in postponing [2:18:34] for further documentation. [2:18:40] » Sir council member Ger [2:18:41] >> I just want to make sure I'm [2:18:42] understanding the process. We have an [2:18:44] amendment to add the variance words. [2:18:46] Then we have the main motion as stated [2:18:49] on the agenda. You're asking for all of [2:18:53] that to make. [2:18:55] >> No. No. Vote vote on the amendment [2:18:59] up or down. [2:19:00] >> Um and then offer [2:19:03] >> possibly [2:19:03] >> a different amendment maybe or [2:19:06] >> Okay. The reason why [2:19:07] >> I could just make it clear [2:19:09] >> I would suggest to vote this amendment [2:19:10] down was because it it's added wordage [2:19:14] that's not necessary if that makes [2:19:15] sense. It's just all you all we really [2:19:19] need is vote to approve the request for [2:19:22] variance or vote to deny the request for [2:19:25] variance or motion to postpone until [2:19:28] further documentation. [2:19:30] >> So we'll go ahead and take up the [2:19:32] amendment to add variance verbage. All [2:19:34] in favor, please raise your hand and say [2:19:35] I. [2:19:37] No eyes. Motion fails. Please raise your [2:19:40] hand and say nay. If we do not support [2:19:43] >> nay. [2:19:45] >> Two nays. Do we have an abstent? Anyone [2:19:48] abstaining? [2:19:49] >> Oh, I'm sorry. [2:19:51] >> I'm not sure. [2:19:52] >> Are you on the motion? [2:19:53] >> No, this variance would be [2:19:57] >> So there were no eyes. I'm just assuming [2:19:59] everybody else would be mad. So we yeah [2:20:02] you either have to I n they or fain and [2:20:04] an F saying is a yes unless you have a [2:20:07] real reason not to be offending meaning [2:20:10] you it's money going to you or something [2:20:12] >> I vote against [2:20:16] >> let's take a roll call you're against abstain so that becomes a yes [2:20:23] >> I'm in [2:20:25] clarification previous city attorney [2:20:26] said we cannot abstain unless we have a [2:20:29] legal reason to do. So [2:20:31] >> there is an argument for that. [2:20:35] >> Is that true? [2:20:38] >> Your understanding? [2:20:39] >> Yes, I I agree with that. [2:20:41] >> Okay. [2:20:41] >> So unless you have a legal reason, we're [2:20:44] going to go with Stan's agreement here [2:20:46] on that. [2:20:48] >> Okay. So [2:20:49] >> a legal reason would be that you're [2:20:51] going to use her swim or this is going [2:20:53] on your property or she paid you money. [2:20:57] >> A real conflict of interest. [2:21:00] So, I missed the opportunity to move. [2:21:04] >> No, no, all we're voting on. [2:21:09] All the amendments said was add variance [2:21:11] words. [2:21:12] >> Okay. [2:21:13] >> Paraphrase. So, I'm asking you all to [2:21:14] vote that down because that is not a [2:21:16] helpful amendment right now to the [2:21:17] motion. We and we would make a new one [2:21:21] of some version, please. So, we will [2:21:24] start over with a roll call just to make [2:21:26] this clear so everyone knows. Council [2:21:29] member Richardson. [2:21:31] >> Council member Gmer. [2:21:33] >> Council member Bailey. [2:21:34] >> Nay. [2:21:35] >> Council member Slicker. [2:21:37] >> Mayor. [2:21:39] >> Okay. That amendment says that's what I [2:21:41] got. Okay. First, [2:21:45] >> um, [2:21:47] so the motion on the table right now is [2:21:50] to approve a request for installation of [2:21:52] the swim and allow permitting process to [2:21:55] commence. [2:21:58] We can vote on that or you can add the [2:22:02] words about the variance in particular. [2:22:04] That was just a request for me. Or a new [2:22:07] motion can be made to postpone. [2:22:13] » Okay. [2:22:15] I move that we postpone this decision [2:22:19] allowing the applicant time to provide [2:22:23] more detail on the physical preparation [2:22:28] of the spa and medical need [2:22:37] administrative question [2:22:40] that doesn't require any varian [2:22:43] >> we will wait in this case. [2:22:47] >> Um, so council member Bailey's motion [2:22:48] was to postpone his decision to allow [2:22:50] applicant more time to provide [2:22:53] documentation [2:22:55] on the installation [2:22:58] and medical meeting. Yes. [2:23:00] >> Okay. Seconded by Mayor Pton Rasone. [2:23:04] Um, do we have any further discussion? [2:23:08] Um, [2:23:09] I would be happy to work with you via [2:23:12] email, help you understand what that [2:23:16] looks like and city administrator Burton [2:23:18] can also help on that front. Um, we did [2:23:20] not establish a timeline on this and as [2:23:23] it's stated now, it's just when she [2:23:26] feels her materials have been submitted. [2:23:30] So, if that's okay with council, we'll [2:23:32] move forward with that understanding. [2:23:36] So, you don't have a deadline right now [2:23:39] and your variance will still be honored. [2:23:41] You don't have to resubmit and pay [2:23:42] again. Um, but the council is requesting [2:23:46] additional information from you [2:23:48] concerning the medical need. So, the [2:23:50] doctor's prescription wasn't enough. [2:23:54] It's not that it's not you want to see [2:23:57] the X-rays and the results from the [2:24:00] different MRIs and things like what [2:24:04] we're I would love to talk to you about [2:24:07] this outside of a public meeting where [2:24:09] we're not discussing your health in a [2:24:11] recorded meeting if you don't mind. [2:24:13] >> But if you are open to that discussion, [2:24:16] I won't deny you it here. It just I out [2:24:19] of your privacy and respect for you, I [2:24:21] don't think that that would be [2:24:22] appropriate. That's fine. I'm willing to [2:24:25] do whatever you need me to do. [2:24:27] >> Okay. Um I would I would like to discuss [2:24:29] this with you at a meeting outside of a [2:24:31] public hearing. [2:24:32] >> So was it denied or did [2:24:34] >> it's been postponed until you provide [2:24:37] additional applicant information [2:24:39] regarding the installation. [2:24:41] Specifically, what I'm hearing is [2:24:43] related to the water concerns and [2:24:46] further medical documentation justify [2:24:49] any long-term disability or need. [2:24:53] >> So, the long-term uh health conditions [2:24:56] that I have, you need more information [2:24:58] on that because I have short-term and [2:25:00] long-term. [2:25:01] >> Yes, ma'am. What we have here today [2:25:03] appears to be kind of a shortterm [2:25:06] >> incident, right? Uh, so that was what I [2:25:10] heard expressed was the concern that [2:25:13] this is a short-term need that perhaps [2:25:15] could be satisfied without the permanent [2:25:17] installation of a water using device. [2:25:19] >> Right? [2:25:20] >> If you have a long-term disability that [2:25:23] would [2:25:24] give a more compelling argument for a [2:25:27] water installation device, it's [2:25:28] permanent or semi-permanent being [2:25:31] installed at your home, then that would [2:25:33] help your case. [2:25:36] >> I'll get that to you. Okay. [2:25:41] » Yes. Yes. [2:25:43] >> I just [2:25:44] >> Okay. [2:25:46] >> All right. The motion on the table is to [2:25:47] postpone this decision to allow the [2:25:49] applicant more time to provide the [2:25:52] documentation on the installation and [2:25:55] medical need. Do we have any further [2:25:57] discussion tonight in council? [2:26:00] All right. Hearing none, we'll go ahead [2:26:02] and hold a vote on that motion to [2:26:03] postpone. All in favor, please raise [2:26:05] your hand and say I. [2:26:08] Four I one n a motion passes to [2:26:11] postpone. [2:26:15] [clears throat] [2:26:16] All right. Thank you. Thank you so much. [2:26:18] As you heard a long way. [2:26:22] >> Let's uh put together at a later time to [2:26:26] work on your additional application [2:26:28] materials and Mr. Burton can also help [2:26:30] you if I'm not available. [2:26:32] >> Thank you very much. Good morning. Thank [2:26:34] you. [2:26:37] All right, guys. We're going to move [2:26:38] into council considerations for future [2:26:40] business. And I' I've mentioned this [2:26:43] before, but if you guys would like your [2:26:44] stuff included in the slides, you can [2:26:46] always email me beforehand. Um, all I [2:26:49] have right now are I would like to [2:26:50] propose a rainwater collection incentive [2:26:52] for smallcale and landscape watering. [2:26:56] Seconded by council member Richardson. [2:26:58] Um, tonight I heard a reconsider for [2:27:01] speed cushions in the budget from the [2:27:04] public. [2:27:05] that one. I second. [2:27:06] >> Uh okay. So, Mayor Pton Rasa will be [2:27:09] sponsoring that item and uh council [2:27:12] member Gerard has seconded that [2:27:14] consideration. [2:27:15] >> Um when I say speaker, should I like [2:27:18] safety enhancement phase three? [2:27:19] >> Uh I would say safety enhancement phase [2:27:22] three. [2:27:24] um what was in the budget [2:27:27] >> and that's what they were requesting [2:27:29] come up and we'll have a separate item [2:27:31] for it this time instead of it being [2:27:34] um part of a larger item [2:27:36] >> and uh I will honor the modifications if [2:27:40] it's okay in working with Mayor Proasco [2:27:42] the modifications that council members [2:27:44] expressed uh wanting in that plan the [2:27:47] last time but we'll bring back in [2:27:50] >> question well we're not be talking about [2:27:53] details. I just can the details of it be [2:27:56] broken up so obviously could maybe it [2:27:59] can change into this but that later [2:28:03] it's in that safety enhancement. [2:28:07] >> It is kind of remember [2:28:12] actually nothing was specified. It was [2:28:15] just safety enhancement phase three and [2:28:16] then what was proposed was what citizens [2:28:18] had brought to us because the whole [2:28:20] point was we were just approving to add [2:28:23] it to the budget and approving staff to [2:28:25] be able to work on the plan and consult [2:28:26] with engineers to bring forth a plan for [2:28:28] council consideration. [2:28:30] >> But council did make modifications [2:28:33] during the meeting and I will honor [2:28:36] those if you don't mind. We'll adjust [2:28:37] what was presented. [2:28:42] No additional considerations for future [2:28:44] business. I remember Council Member [2:28:46] Gmer, you um made an announcement on a [2:28:50] previous meeting about something related [2:28:51] to taxes. Were you still interested in [2:28:53] uh getting your second on that during [2:28:55] the appropriate allocated time for [2:28:57] policy? [2:29:00] >> Seems I don't remember at the moment. [2:29:02] No. [2:29:03] >> Was it um like a further income? [2:29:08] >> Oh, it was. [2:29:09] >> Yes. the possibility. [2:29:11] >> Okay. Um I plan on our possibility of [2:29:16] a general homestead exemption [2:29:20] tax exemption. [2:29:23] >> Yeah. [2:29:26] >> That was on the last. [2:29:27] >> Thank you. [2:29:28] >> Yeah. It was made as an announcement. [2:29:30] >> Oh yeah. The announcements weren't on my [2:29:33] class. So, I was just trying to [2:29:38] » do a second. [2:29:40] >> I don't know. [2:29:42] >> Um, [2:29:45] okay. [2:29:50] » And then the the item that um custom [2:29:54] permer was speaking about that was that [2:29:58] may have been on this agenda. [2:30:00] >> It's already submitted. [2:30:01] >> Okay. [2:30:03] That doesn't have to be resub. [2:30:04] >> It doesn't. It was submitted in May on [2:30:06] the 17th. Uh the agenda was posted on [2:30:09] the 27th for June. So, and it was [2:30:12] already in process at that time in full. [2:30:14] He was um asked if it could go on July. [2:30:18] He said he'd be out of town. So, it [2:30:20] could come in August. [2:30:21] >> Okay. [2:30:22] >> It's already [2:30:28] » Sorry, [clears throat] that wasn't [2:30:29] directed to you. No, it's not. It is [2:30:32] 7:00. [2:30:32] >> Yeah. Uh, all right. Now, we're going to [2:30:34] move into announcements hearing. No [2:30:36] future business. Uh, one announcement. [2:30:38] We have a repotting lot 144 and lot 146 [2:30:41] of the re [2:30:43] of the repot and extension of Wood Creek [2:30:45] section 2 establishing lot 144A county [2:30:48] Texas notice of a public hearing set for [2:30:50] July 15, 2026 at 5:00 p.m. During the [2:30:52] regular planning and zoning commission [2:30:54] meeting, they will need to issue a [2:30:56] report that would then come to us. So [2:30:58] this is your notice. You could tune into [2:31:00] that meeting to be informed by them [2:31:03] directly. And then planning and zoning [2:31:04] is also planning a public hearing for [2:31:06] MH1 noting expected August 19th, 2026. [2:31:10] That's related to the manufacturer [2:31:12] manufactured housing code. The state is [2:31:14] requiring from us. Our next council [2:31:16] meeting is August 12th with the final [2:31:18] budget workshop. Please come with all of [2:31:20] your final budget stuff for that meeting [2:31:23] because we'll be launching straight into [2:31:26] Sep, you know, like that's it and then [2:31:28] September has to be posted. So, [2:31:30] >> I'm sorry you're saying that the regular [2:31:31] meeting plus budget work. [2:31:34] >> Yeah, it will be primarily a budget [2:31:37] workshop. I [2:31:38] >> is the goal. That is um in the future [2:31:41] it's it's very beneficial for all [2:31:44] council to uh take into consideration [2:31:46] the budget calendar when submitting [2:31:48] items and understanding that the months [2:31:50] of July and August [2:31:53] 10 and June really even tend to be very [2:31:55] heavy budget stuff. So anyway, all [2:32:00] right, moving on. Uh that would adjourn [2:32:03] our meeting. I have a motion to adjurnn. [2:32:06] >> Uh meeting at 8:56. [2:32:09] >> Thank you.