1. An ordinance adopting the Unified Development Ordinance by replacing Chapter 21 in its entirety and deleting Chapters 5, 9.5, 12, and Article VI of Chapter 20 of the City of Victoria Code of Ordinances. Julie Fulgham, Director of Development Services

[1. An ordinance adopting the Unified Development Ordinance by replacing Chapter 21 in its entirety and deleting Chapters 5, 9.5, 12, and Article VI of Chapter 20 of the City of Victoria Code of Ordinances. Julie Fulgham, Director of Development Services]

SNUCK IN. ALL RIGHT, WE'LL MOVE INTO ITEMS

WE PUBLIC HEARINGS. >> ITEM C 1 IS AN ORDINANCE ADOPTING THE UNIFIED DEVELOPMENT ORDINANCE BY REPLACING CHAPTER 21 IN ITS ENTIRETY AND DELETING CHAPTERS 5, 9.5, 12, AND ARTICLE VI OF CHAPTER 20 OF THE CITY OF VICTORIA CODE OF ORDINANCES.

[00:15:01]

>> GOOD EVENING, JILJULIE FULGH. WE DO HAVE CHANCEAR WHO TO YOU A

SHORT PRESENTATION. >> HI, CHANCE PARKS.

REALLY EXCITED TO BE HERE, TO BE PRESENTING THE UNIFIED DEVELOPMENT ORDINANCE DRAFT TO Y'ALL.

WHAT I'M GOING TO DO IS TAKE YOU THROUGH WHAT WAS THE PROCESS THAT WE FOLLOWED, A FEW HIGHLIGHTS FROM THAT DIAGNOSTIC WHEN WE FIRST STARTED LOOKING AT THE CODE AND THEN A BASIC ORIENTATION TO WHAT YOU SEE BEFORE YOU AND THEN WE LAY OUT WHAT THIS APPROVAL PROCESS LOOKS LIKE GOING FORWARD.

IT WAS ABOUT A 24-MONTH PROCESS FROM DIAGNOSTIC TO DRAFTING AND NOW INTO THE ADOPTION PROCESS. OVER THE LAST COUPLE OF MONTHS YOU SEE A SERIES OF MEETINGS EITHER AS PUBLIC MEETINGS OR INTERESTED PARTIES, NECESSARY REVISIONS AND THEN JUST GOING THROUGH THE COMMISSION HEARING PROCESS LAST WEEK, LEADING US TO TONIGHT. AND THEN FROM HERE, WE'LL GO THROUGH A HEARING AND ADOPTION PROCESS AND AN AS ADOPTED VERSION. JUST A QUICK REFRESH, THE WHOLE POINT OF THIS EXERCISE WAS BRINGING YOUR CODES TOGETHER IN A USER-FRIENDLY FORMAT WHERE EVERYTHING TALKS TO EACH OTHER AND IN IN THE PROCESS SEEK OPPORTUNITIES TO SIMPLIFY THE DEVELOPMENT PROCESS AND THE LAST ONE PROBABLY MOST IMPORTANT, DO SO IN A LEGALLY SOUND MANNER. I'LL BE COMING RIGHT BACK TO THAT TOPIC HERE IN A MINUTE. WE DID HAVE STAKEHOLDER INTERVIEWS INVOLVED IN THIS PROCESS, TALKING TO YOUR REAL ESTATE COMMUNITY GROUPS, ARCHITECT FIRMS, BASICALLY TALKING TO A LOT OF YOUR FREQUENT FLYERS THAT ARE CODE USERS EITHER AS APPLICANTS OR CODE USERS IN THE ROLES AS BOARD MEMBERS, COMMISSIONERS, EVEN CITY COUNCIL.

TO MAKE SURE WE HAD A GOOD UNDERSTANDING OF WHAT'S GOING ON, WHAT ARE THE BIG THEMES, ONE I PUT AT THE TOP OF THIS IS CITY STAFF ARE GREAT. THAT WAS ONE OF THE BIGGEST PIECES OF FEEDBACK WE GOT BUT WE ALSO GOT THE FEEDBACK IS PART OF WHAT MAKES THEM GREAT IS THAT THEY'RE MAKING THE CODE WORK, HOW DO YOU DO THINGS TODAY AND BRING THAT INTO THE OFFICIAL CODE DOCUMENT IN THE PROCESS. THERE'S ALSO THINGS THAT YOU HAVE BEEN DOING HISTORICALLY THAT ARE TYPICALLY, I'M GOING TO SAY THE Z WORD, ZONING ACTIONS, BECAUSE ZONING IS MORE THAN A MAP. IT'S PROCESSES AND CERTAIN TYPES OF REGULATIONS.

YOU HAVE BILK STANDARDS, SET BACK STANDARDS, THINGS LIKE THAT, AND SITE PLAN REQUIREMENTS BUT YOU HAVEN'T EVOKED THAT STATE LAW LANGUAGE THAT MAKES ALL THAT OKAY SO MAKING SURE WE HAVE ALL THAT LINED UP CORRECTLY WHILE STILL MAKING SURE WE DIDN'T TAKE IT A STEP TOO FAR AND TRANSITION YOU INTO SOMETHING THAT IS DIFFERENT. WE THINK THE REGULATORY PROCESS HERE IS SIMPLE. AND THEN A LOT OF EFFORT INTO JUST CLARIFYING LANGUAGE.

SOME THINGS THAT WE TALK ABOUT IN THIS PROCESS IS CREATING BREAD CRUMBS BECAUSE FOR AN OUTSIDE DEVELOPER COMING INTO VICTORIA, YOUR CODE ALMOST BECOMES CHALLENGING BECAUSE OF WHAT IT DOESN'T SAY. THEY COME IN AND THEY'RE LOOKING FOR A ZONING MAP AND A ZONING REGULATION. THEY'RE NOT GOING TO FIND IT. WE HAVE STRUCTURED THIS CODE TO HELP IN THOSE CIRCUMSTANCES AND LEAD THEM TO, OH, THIS ISN'T TRADITIONAL ZONING, THIS IS SOMETHING ELSE ENTIRELY. OKAY. I UNDERSTAND.

SO THAT WAS A BIG THEME OF THE EFFORT THAT IS WE PUT FORWARD HERE.

WE ALSO BROUGHT IN YOUR PREVIOUS PLANNING EFFORTS, KNOW CUSHION ON REDEVELOPMENT AND REVITALIZATION IS GETTING TO THAT DO THE MATH ASPECT OF DEMENT.

IT'SVELOPMENT. IT'S HOW DO YOU PRESERVE HISTORIC AREAS.

WE TALKED ABOUT PARK DEDICATION WHICH HAS BECOME INTERESTING THROUGHOUT THIS PROCESS, LOOKING AT MOBILITY AND CONNECTIVITY EFFORTS AND GETTING THE QUALITY OF INFRASTRUCTURE THAT YOU'RE EXPECTING AND MAKE SURE YOU'RE NOT SETTING YOURSELF UP FOR MORE EXPENSE LATER, GETTING IT RIGHT THE FIRST TIME, RECOMMENDING STRIPPING OUT PROCESSES, MAKING SURE EVERYTHING SPEAKS TO EACH OTHER. REALIGNING ALL THE MINIMUM STANDARDS TO THE MARKET, WHAT DOES THE MARKET BUILD AND HOW ARE YOU ALIGNING TO IT. A BIG THING IS REMEMBERING THAT VICTORIA IS DIFFERENT. THAT WAS ONE THING THAT REALLY INFORMED PRETTY MUCH EVERY INTERNAL CALL WHEN WE WERE WORKING ON THIS DRAFTING PROCESS, REMEMBER THAT THIS IS SOMETHING THAT'S MUCH DIFFERENT THAN YOU FIND ELSEWHERE AND IT'S SPECIAL.

SO THAT'S KIND OF THE DIAGNOSE I CAN PART THAT WE WENT THROUGH. WHAT WOULD HELP ME IN THIS

[00:20:18]

PROCESS IS TO THINK ABOUT WHAT ARE THE THINGS THAT YOU WANT A LITTLE MORE DEEPER DIVE ON ON FRIDAY SO THAT WAY WE COME PREPARED AND READY. YOU HAD THINGS SCATTERED, WE GOT THEM ALL IN ONE PLACE. IT HAS ALL YOU'RE OVER REACHING AUTHORIZATIONS AND ALSO WE'RE VERY CLEAR ABOUT NO ZONING MAP IS ADOPTED WITH THIS UDO. WE ALSO THINK THIS IS THE FIRST UDO IN TEXAS SET UP THAT WAY SO YOU MAY BE NEW IN THAT REGARD. WITH AN ENFORCEMENT, WE KIND OF ITEMIZED OUT ALL THE TYPES OF [INDISCERNIBLE] UNDER STATE LAW IS INVOKED, ALL THE PROCESSES FOR COURT CHARGE ARE ALL IN HERE, SO YOU HAVE A FULL MENU ON YOUR CODE ENFORCEMENT AND THINGS LIKE THAT TO PICK THE RIGHT TOOL FOR THE JOB AS THEY GO FORWARD. WE ALSO HAVE NONCONFORMITY LANGUAGE THIS THIS PROVISION. THIS IS REALLY IMPORTANT BECAUSE IT CREATES STEPS TO IMPROVEMENT OTHER TIME. IT'S NOT AN ALL OR NOTHING WHICH IS HOW YOUR CURRENT CODE IS STRUCTURED SO IF YOU'RE JUST MAKING A SMALL ADDITION, YOU HAVE TO BRING EVERYTHING INTO CONFORMANCE. THIS IS USING THAT 30% THRESHOLD SO YOU CAN MAKE IMPROVEMENTS WITHOUT IT TRIGGERING EVERYTHING. THIS IS NOT GREAT FOR SOMEBODY WHO LIKES TO TALK WITH THEIR HANDS. SMALL ADJUSTMENTS, SMALL OBLIGATIONS, BIG ADJUSTMENTS, BIG OBLIGATIONS. SO BASIC CONCEPT OF FAIRNESS IS HOW THAT'S STRUCTURED. WITHIN ARTICLE THREE, THIS IS YOUR BUILDING CODES.

THIS WAS NOT ORIGINALLY PLANNED FOR INCLUSION. WE DECIDED TO ADD IT BECAUSE SO MUCH OF YOUR DEVELOPMENT REGULATIONS ARE BASED ON WHAT'S HAHAPPENING IN YOUR BUILDING CO SO WE BROUGHT THAT TOGETHER. IT'S ALL MERGED TOGETHER INTO A SINGLE SUITE.

IT'S YOUR MOST CURRENT THAT YOU HAVE. THE BIGGEST CHANGE THAT YOU'LL FIND IN THIS IS A BUILDER'S LICENSE REQUIRING INSURANCE. ALL THAT'S DOING IS SAYING A GENERAL CONTRACTOR HAS TO CARRY THE LOWEST LEVEL OF INSURANCE REQUIRED FOR ALL THOSE SUBCONTRACTORS THAT THEY HAVE TO HIRE ALONG THE WAY, AGAIN, LOOKING TO THAT ISSUE OF FAIRNESS AND ALSO HELP MAKE SURE THAT CONTRACTORS YOU HAVE DOING BUSINESS ARE DOING IT RIGHT.

IT'S KIND OF A BIG THING. LAND USES, THIS IS PROBABLY WHERE YOU SEE THE MOST SIGNIFICANT BREAD CRUMBS IN TERMS OF WE DON'T HAVE ZONING BUT THIS IS HOW WE WORK.

AGAIN, THE TITLE OF THIS IS VERY INTENTIONAL. YOU CAN SEE THE EXPLICIT LANGUAGE. THE CITY DOES NOT INVOKE ITS AUTHORITY TO DIVIDE ITS LIMITS INTO DISTRICTS AS ESTABLISHED IN LONG, LEGAL CITATION. WE'RE EXPLICITLY SAWING WE'RE NOT DOING THAT. ALL YOUR REGULATIONS ARE ORGANIZED BY LAND USE OF THE PROPERTY AND THEN ORGANIZED BY SUB CATEGORY. MAKES IT CLEAR, EASY TO FOLLOW, INCLUDES ALL YOUR COMMON USEFUL REFERENCES. OH, I CAN DO THIS USE AND THE NEXT QUESTION IS WHAT'S THE PARKING? ALL THAT IS RIGHT THERE IN ONE PLACE. THE TABLE YOU WILL FIND IN HERE AND INCORPORATES THE HISTORICAL DISTRICTS AND THE CONSERVATION DISTRICTS FROM THE PREVIOUS WORKSHOP THAT WE TALKED ABOUT.

ALL YOUR DESIGN WORK REMAINS IN PLACE. WE HAVE ADDED A WAIVER PROCEDURE FOR PROXIMITY-BASED STANDARDS. IF YOU'RE WITHIN 300-FEET OF A RESIDENCE, THERE'S A WAIVER PROCESS WHERE YOU CAN GET SIGN-OFF FROM THE NEIGHBORS, SO WE ADDED THAT.

A COUPLE OF KEY IMPACTS, REDUCED MINIMUM LOT SIZES, YOUR SETBACKS ARE MORE CONSISTENT SO IF YOU HAVE A CHANGE IN USE, YOU DON'T HAVE TO KNOCK DOWN THE BUILDING EVERY TIME.

YOUR PARKING RATIOS ARE A LITTLE MORE STANDARDIZED WITH REDUCTIONS IN MANY CASES.

YOU HAVE SPECIFIC USE STANDARDS TO HELP WITH THOSE IMCOMPATIBILITY ISSUES AND THEN A GOOD PATHWAY WITH NEIGHBORHOOD STANDARDS THAT DOESN'T TAKE THAT FULL STEP INTO HISTORIC PRESERVATION. IT GIVES YOU SOMETHING TO WORK WITH.

WITHIN DEVELOPMENT STANDARDS, THIS IS WHERE YOU FIND ALL THE OTHER PIECES THAT GENERALLY CONSTITUTE A SITE PLAN. WHAT YOU WILL SEE IN THIS IS MINOR CHANGES TO YOUR EXISTING REQUIREMENTS. YOU WILL SEE SURFACE REQUIREMENTS FOR PARKING THAT ARE A LITTLE MORE CLEAR, QUEUEING STANDARDS, I ALWAYS CALLED THAT THE CHICK-FIL-A

[00:25:06]

PROVISION. DO YOU HAVE YOUR QUEUEING GOING ALL THE WAY OUT TO THE STREET? YOU HAVE ACTION MANAGEMENT STAN DASHDZ -- STANDARDS ADDED AND DRIVEWAY DESIGN STANDARDS ARE PULLED INTO THIS, TYPICAL STANDARDS, TA TYPE OF THING. A FEW CHANGES OR CLARIFICATIONS, WE VERIFIED ITE AS OUR SOURCE FOR TRAFFIC IMPACT ANALYSIS. WE IMPROVE THE SCOPING LANGUAGE FOR TRAFFIC IMPACT ANALYSES SO THAT'S A LITTLE MORE CLEAR, IT'S WRITTEN HOW ENGINEERS ARE USED TO READING IT AND WE ADDED THE ENCROACHMENT LICENSE OFFICIALLY. IT WAS NEVER WRITTEN DOWN ANYWHERE. NOW IT'S WRITTEN DOWN. A FEW OAR COOL THINGS IN THIS PROVISION. YOU HAVE DEFENSIBLE SHARED PARKING STANDARDS, A CLEAR SITE PLAN REQUIREMENT, YOUR CROSS ACCESS, IMPROVED SCREENING, ANY OTHER DEFENSIBLE, CLEARER SIGN CODE. IT'S BASICALLY EASIER TO READ AND MORE COMPLETE AND ALSO DOESN'T RUB THE WRONG WAY ON THE CONTENT NEUTRALITY. YOUR LANDSCAPE STANDARDS ARE GENERALLY REFLECTING WHAT YOU DO NOW, JUST POLISHED THOSE UP A LITTLE BIT, MADE THEM EASIER TO READ. YOU'LL SEE SOME BUILDING DESIGN FIXES, SCREENING MECHANICAL EQUIPMENT AND CONTAINER SCREENING IS SOMETHING THAT'S BEEN ADDED.

ANTI GLARE AND SHIELDING, JUST KIND OF A GOOD NEIGHBOR PROVISION, AND THEN, AGAIN, YOUR SIGN REGULATIONS ARE UPDATED IN THIS. ARTICLE VI IS YOUR SUBDIVISION REGULATIONS. REALLY THE CHANGES IN THIS ARE FOCUSED ON CROSS COMMUNICATION WITH THE OTHER ARTICLES AND UPDATES TO PLATS BASED ON RECENT CHANGES IN STATE LAWS.

FOR EXAMPLE, PRIOR TO THIS LAST STATE LEGISLATIVE SESSION THERE WAS SUCH THING AS A MINOR PLAT DEFINED IN STATE LAW. NOW THERE ISN'T. SO WE HAD TOO RECREATE THAT DEFINITION. SOME IMPROVED LANGUAGE FOR OVERSIZING WHEN THAT OCCURS WITH YOUR INFRASTRUCTURE. IT CORRECTS YOUR ORDER OF OPERATIONS ABOUT WHEN YOU SHOULD HAVE YOUR CONSTRUCTION PLANS FOR A SUBDIVISION BEFORE FINAL PLAT AND THEN REALLY CLEAN CROSS REFERENCES TO ALL YOUR DESIGN MANUALS. A COUPLE OF THINGS I THINK ARE NOTABLE HERE, THERE'S AN ADJUSTMENT TO STRIKE THAT SIDEWALK INSTALLATION REQUIREMENT. I BELIEVE Y'ALL TALKED ABOUT THAT AT PRIOR MEETING SO NOW THAT THOSE SIDEWALKS IN A NEW SUBDIVISION ARE DONE AT THE TIME OF BUILDING PERMIT.

AND THEN ONE OTHER NOTABLE IMPACT, I HAVE -- YOU HAVE SOME STREAMLINING THROUGH PLAT EXEMPTIONS. UNDER YOU'RE CURRENT CODE, SOME THINGS WOULD TRIGGER A PLAT WHERE THERE'S NOT A PUBLIC BENEFIT. THERE WAS A LOT SOLD BY MEETS AND BOUNDS BACK IN 1963 AND ALREADY HAS UTILITIES IN FRONT OF IT AND A STREET IN FRONT OF IT. THEY WANT TO ADD A NEW GARAGE AND IT TRIGGERS, OH, YOU HAVE TO COME BACK IN FOR PLATTING. THERE'S NO PUBLIC BENEFIT TO IT SO WE CREATED AN APPROPRIATE EXEMPTION FOR THOSE SCENARIOS. IT MAKES IT EASIER FOR PEOPLE WHO DON'T HAVE THE MOST MEANS TO MAKE THE MOST OF THEIR PROPERTY. FLOOD DAMAGE PREVENTION. OVERALL, Y'ALL HAVE A REALLY SOLID FLOOD DAMAGE PREVENTION ORDINANCE. WE BROUGHT THAT IN AND ELEVATED HOW CERTIFICATES WORK HERE. THERE WAS A BLANKET EXEMPTION PRESENT IN YOUR CODE THAT WE KNOCKED OUT THAT WAS INCONSISTENT WITH THE NATIONAL FLOOD INSURANCE PROGRAM.

YOUR ELEVATION REQUIREMENTS WE JUST RESTATED AND CLAIRE KNEWED -- CLARIFIED AND YOU HAVE A CODE SUPPLEMENT FOR DRAINAGE AND WATER THAT'S BASED ON THE DATA THAT'S OUT THERE.

PARK LANE AND DEDICATION DEVELOPMENT, THIS IS ONE WHERE WE SAID LET'S STEP BACK, GIVE Y'ALL A LITTLE MORE TIME TO THINK ABOUT THIS ONE, AND WE SEE THIS COMMONLY IN NEW PARK LANE FEE ADOPTIONS. WE DO HAVE A RECOMMENDATION, THOUGH, WHICH IS TO TAKE A LOOK AT YOUR MAPPING OF PARKS, PARTICULARLY PULLING IN HOA PARKS AND SCHOOL DISTRICT PLAYGROUNDS AND THINGS LIKE THAT TO SEE WHAT IS YOUR GEOGRAPHIC QUIT EQUITY ISSUE THAT'S SHOWING UP, MAYBE MAKING PEDESTRIAN IMPROVEM THAT THAT INCLUDE ACCESS TO YOUR EXISTING VERSUS GOING OUT AND BUILDING ADDITIONAL PARKS.

[00:30:04]

ALSO YOU WANT TO THINK ABOUT OPERATIONS AND MAINTENANCE DOWN THE ROAD.

LASTLY YOU HAVE ALL YOUR PROCEDURES ALL IN ONE PLACE. SO IT MEANS WE HAVE A SET OF MASTER PROCEDURES THAT APPLIES TO ALMOST EVERYTHING AND THEN THERE'S THE NUANCED THINGS BASED ON THE TYPES OF THINGS INVOLVED. I HAVE GOOD GRAPHICS WHERE IT'S LITERALLY A FLOW CHART FOR HOW THINGS WORK. NEW PROCEDURES FOR YOUR CONSERVATION DISTRICTS AND WHAT WE LOOK FOR IS MAKING SURE YOUR DEFINITIONS ARE NOT REGULATIONS. THAT'S SOMETHING THAT HAPPENS A LOT IN CITIES. THEY WILL BURY A REGULATION BY ACCIDENT IN A DEFINITION.

THAT'S ALL CLEAN AND EASY TO READ. SO AS FAR AS NEXT STEPS, WHAT WE'LL BE LOOKING FOR IS IDENTIFICATION IN WHAT WE CALL ANY DDAIS AMENDMENTS AND FIRST, SECOND AND THIRD READING AND DELIVERABLE. THIS IS THE END OF THE ROAD HERE. I'M HAPPY TO ANSWER QUESTIONS OR IF YOU HAVE THINGS YOU KNOW YOU

WANT TO TALK ABOUT ON FRIDAY, HELP ME OUT ON THAT, TOO. >> I HAVE SOME QUESTIONS.

ON THE BLUE SLIDE, ON NUMBER 12, YOU SAID IT ENCOURAGES MIXED USE DEVELOPMENT.

HOW SO? >> THE NUMBER ONE WAY IT DOES THAT IS BY STATING IT, HOW IS IT REGULATED? THAT WAS ONE OF THE POINTS OF CONFUSION IN YOUR CURRENT CODES.

IT WASN'T OBVIOUS HOW THAT WAS TREATED. SO WE MADE THAT MORE CLEAR AND IT TAKES A VERY LIGHT TOUCH IN TERMS OF THE REGULATIONS ON THAT BECAUSE IT'S SOMETHING YOU WANT TO ENCOURAGE. YOU ALSO HAVE THE SHARED PARKING PROVISIONS DESIGNED TO HELP OUT IN THOSE SERBS, RECOGNIZING PEOPLE ARE PARKING ONCE, VISITING MULTIPLE BUSINESSES,

THINGS LIKE THAT. >> YOU SAID THERE'S IMPROVED PARKING RATIOS.

YOU JUST GAVE ME SORT OF AN EXAMPLE. ARE THERE OTHER EXAMPLES? I HAVE A PROBLEM WITH OUR CURRENT PARKING REQUIREMENTS AND I THINK THEY'RE TOO MUCH.

HAVE THEY BEEN REDUCED? >> GENERALLY THEY HAVE BEEN REDUCED I THINK ALMOST ACROSS THE BOARD. THERE'S A FEW THAT I THINK WE DID NOT MODIFY.

THE ONES THAT STAYED GENERALLY THE SAME, I THINK YOUR RESIDENTIAL ONES STAYED LARGELY THE SAME. MOST OF YOUR COMMERCIAL ONES RELOUISED OR THEY -- REDUCED OR S THEY CHANGED HOW THEY WERE CALCULATED.

>> WE CAN PUT TOGETHER SOME INFORMATION FOR FRIDAY KNOWING THAT THAT SHOWS THAT.

>> I ALSO WOULD LIKE TO KNOW THERE WAS A THING ABOUT REFUGE CONTAINER SCREENING WHICH I'M GLAD TO SEE. I WAS AT DIFFERENCE WITH WHAT WE PRESENTLY HAVE.

>> DO YOU KNOW THAT OFF THE TOP OF YOUR HEAD, JULIE? >> YES, IT'S CURRENTLY TRIGGERED BY A SITE PLAN SO WHEN A SITE PLAN IS TRIGGERED, A DUMPSTER ENCLOSURE IS TRIGGERED.

WHEN A NEW ACCOUNT IS TRIGGERED, WHEN YOU'RE SETTING A NEW DUMPSTER WITH A NEW ACCOUNT,

THAT'S WHEN THE ENCLOSURE WOULD BE TRIGGERED WITH THIS. >> ON FRIDAY ARE WE GOING TO TALK ABOUT PARK LAND DEDICATION DEEDS? I WOULD LOVE TO TALK ABOUT THAT ON FRIDAY. AND BILLBOARDS, I WOULD LIKE TO TALK ABOUT THAT ON FRIDAY, TOO.

>> BOTH OF THOSE ARE NOT INCLUDED IN THE DRAFT THAT'S BEING INTRODUCED TODAY, TO BE

CLEAR. >> AND I UNDERSTAND THAT. >> I ASSUME YOU'RE BRINGING IT UP BECAUSE OF THE COMMENT JULIE MADE AT THE LAST MEETING SO I WANT TO BE CLEAR WE DID PULL OUT

THE PARK LAND PIECE AND LEFT THE BILLBOARD AS-IS. >> I WOULD LIKE TO DISCUSS BILLBOARDS AT THE FRIDAY MEETING. PLEASE.

>> SURE. I WILL REMIND EVERYBODY, THIS IS STILL A WORKING DOCUMENT.

>> I JUST WANT TO MAKE SURE THOSE THINGS ARE DISCUSSED ON FRIDAY.

>> OKAY. WE'LL HOLD ON TO ANYMORE FROM UP HERE.

JULIE, DO YOU HAVE ANYTHING MORE? MR. SPARKS YOU GOOD? I'M GOING TO OPEN IT UP TO THE PUBLIC FOR ANYONE WISHING TO SPEAK ON THIS MATTER.

PLEASE, MR. SWEARINGEN. >> THANK Y'ALL. I THINK I KNOW MOST OF YOU, I'M

[00:35:04]

LEE SWEARINGEN AND I HAVE BEEN IN BUSINESS HERE SINCE THE EARLY 70S, REALIZE BUSINESS AND I HAVE DEVELOPED A NUMBER OF BUSINESSES AND BEEN INVOLVED IN THE REAL ESTATE BUSINESS FOR A NUMBER OF YEARS. REAL ESTATE IS MY LIFE AND UNFORTUNATELY OR I GUESS FORTUNATELY I HAVE LIVE ADD LONG -- LIVED A LONG TIME AND WITNESSED THE COMMISSION MAKING DECISIONS HASTILY AND DO THINGS THAT AFFECT US ALL FOR A LONG PERIOD OF TIME.

AS A MATTER OF FACT, WE'RE STILL PAYING FOR SOME OF THOSE DECISIONS THAT WERE MADE YEARS AGO IN A VERY HASTY MANNER. A COUPLE OF THINGS. I THINK THIS IS A GREAT DOCUMENT. I GOT IT ABOUT THREE WEEKS AGO OR SO.

I'M NOT GOING TO READ IT TO YOU TONIGHT, BUT -- [LAUGHTER] I WOULD ENCOURAGE YOU TO READ IT. IT WILL PUT YOU TO SLEEP PRETTY QUICK. [LAUGHTER] ANYWAY, THERE ARE SOME THINGS IN HERE THAT CONCERN ME. ONE IS IT'S KIND OF -- SEVERAL THINGS TO KEEP IN MIND.

VICTORIA IS AN OLD TOWN. WHEN YOU START TRYING TO MAKE SOMETHING OUT OF IT, THERE ARE THINGS THAT POP UP THAT REALLY CREATE ISSUES AND WE ESPECIALLY FIND THAT IN THE COMMERCIAL REAL ESTATE BUSINESS. THE OTHER THING TO REALIZE IS WE DON'T HAVE ANY GROWTH HERE.

IN THE LAST 12 MONTHS, THERE HAVE BEEN PERMITTED INSIDE THE CITY LIMITS OF VICTORIA 58 HOUSES. 58 RESIDENTIAL PERMITS. FOLKS, THAT'S NOTHING.

WE USED TO DO 400, 500 BACK IN THE 70S AND 80S. WHEN YOU START LOOKING AT DEVELOPMENT, I THINK WE ALL NEED TO TRY TO FIGURE OUT A WAY TO WORK TOGETHER TO BRING DEVELOPMENT INTO THE COMMUNITY. THE OTHER ISSUE IS OH, BY THE WAY, THANK YOU FOR TAKING OUT THE SIDEWALK DEAL AND THE PARK THING. MOST OF MY DEVELOPMENTS I PUT PARKS IN, HIKE AND BIKE TRAILS, THAT SORT OF THING. MOST OF THE PARKS HAVE BEEN CLOSED DOWN, FENCED OFF, AND ARE NO LONGER IN USE. IF A LARGE EMPLOYER WANTED TO LOCATE A PORT AND SAY I WANT TO BRING 300 EMPLOYEES IN, WE COULDN'T HOUSE THEM.

WE HAVE NO HOUSING FOR THAT. PORT'S WORKING HARD. THEY HAVE A LOT OF OPPORTUNITIES OUT THERE. THE OTHER THING WE TALK ABOUT IS AFFORDABLE HOUSING.

YOU HAVE TO THINK OF THE DEVELOPMENT PROCESS BECAUSE THERE ARE OPTIONS IN DEVELOPMENT THAT CAN MAKE AFFORDABLE HOUSING I GUESS MORE AFFORDABLE. I THINK THERE'S SOME OPPORTUNITIES TO MAKE SOME ADJUSTMENTS WITH THIS. I THINK THERE'S SOME GREAT STUFF IN HERE. I THINK THERE'S SOME STUFF THAT'S BEEN LEFT OUT, QUITE FRANKLY, BILLBOARDS BEING ONE. IN THE COMMERCIAL WORLD, WE STRUGGLE WITH BILLBOARDS.

THEY'RE ALWAYS IN THE WRONG PLACE AND YOU CAN'T MOVE THEM AND WE HAVE THESE SETBACKS.

THERE'S NO THOROUGHFARE IN VICTORIA WITHOUT A HOUSE ON IT. WHEN YOU SAY YOU CAN'T DEVELOP WITHIN SO MANY FEET OF A RESIDENCE, YOU HAVE TO REALLY THINK THAT THROUGH.

THE MAIN THING I WANT TO DO IS ENCOURAGE YOU TO GO SLOW. REMEMBER, RIGHT NOW, 58 HOUSES IN A YEAR? WE HAVE TO DO BETTER THAN THAT. TO DO BETTER THAN THAT, WE HAVE TO COME UP WITH OPTIONS ON THE DEVELOPMENT SIDE. I REPRESENT -- BY THE WAY, I LEARNED ABOUT THIS ABOUT THREE WEEKS AGO AND JULIE WAS KIND ENOUGH TO HELP ME.

I WENT TO HER MEETING WHEN SHE DISCUSSED WHAT WAS IN IT AND I HAD CONCERNS ABOUT SOME OF THIS STUFF, BUT I REPRESENT PEOPLE WHO OWN THOUSANDS OF ACRES OF LAND ADJACENT TO THE CITY IN THE ETJ WHO WOULD LOVE TO SEE IT DEVELOPED WHO ARE WORKING WITH DEVELOPERS AND ARE WORKING WITH SOME AS WE SPEAK. WE HAVE TO MAKE SOME ADJUSTMENTS TO GIVE THEM OPTIONS, TO DO SOME THINGS AND MAYBE TO PARTNER IN SOME WAYS THAT MAKE MORE SENSE BECAUSE RIGHT NOW WE HAVE A

[00:40:04]

HOUSING PROBLEM. AS FAR AS RESELL OF HOUSES OR AVAILABLE INVENTORY OF RESELL HOUSES, IT'S STICKS TO NOTHING AND THAT CONCERNS ME GREATLY. THANK Y'ALL AND, AGAIN, I HOPE THERE'S NOT AN URGENCY TO RUSH THIS THROUGH. I HOPE ALL I DON'T HAVE YOU HAVE READ IT AT LEAST TWICE. YOU NEED TO READ IT TWICE. I ONLY READ IT ONCE, I WILL TELL YOU THAT. I PLAN TOO MAYBE DO IT AGAIN BUT LET'S GO SLOW AND MAYBE INVOLVE A FEW MORE PEOPLE IN THE PROCESS AND SOME OF THE INTRICATE THINGS THAT DO MAKE A DIFFERENCE, THAT DO MAKE IT DIFFICULT, AND I KNOW I HEAR THIS ALL THE TIME ABOUT, WELL, YOU CAN ALWAYS COME AND ASK FOR VARIANCE. A DEVELOPER, A BUILDER, SOMEBODY COMING FROM OUT OF TOWN, THAT'S THE LAST THING THEY WANT TO HEAR. THEY DON'T WANT TO SPEND A BINGE OF MONEY UP FRONT AND THEN HAVE TO COME BEFORE YOU GUYS AND GET A VARIANCE.

IT JUST DOESN'T HAPPEN, SO WE CAN LOSE DEALS LIKE THAT. ALL RIGHT.

THAT'S PRETTY MUCH ALL I GOT, SO THANK Y'ALL FOR YOUR TIME AND APPRECIATE YOU'RE HELP.

>> THANK YOU, MR. SWEARINGEN. ANYBODY ELSE WISHING TO SPEAK TO THIS MATTER?

MR. JOHNSON. GOOD EVENING. >> MAYOR PRO-TEM, MEMBERS OF COUNCIL, THANK YOU FOR LETTING ME SPEAK. I'M JOHN JOHNSTON.

I'M THE COUNTY ENGINEER. I HAVE A COUPLE OF COMMENTS ON THE UDO.

FIRST OF ALL, I WOULD LIKE TO COMMENT JULIE AND HER STAFF ON INCLUDING A TEN ACRE EXEMPTION RATHER THAN THE FIVE ACRE. THAT WAS A PROBLEMATIC THING FOR US IN THE COUNTY IN THE ETJ AREA WHERE THE COUNTY'S REQUIREMENTS COULD ADD AN EXEMPTION IF THEY WERE GREATER THAN TEN ACRES BUT COULD CROSS OVER THE ETJ LINE AND BE UNDER THE CITY'S DEVELOPMENT STANDARDS AND THEY HAD A FIVE ACRE SO THERE WAS A LI LITTLE DOUGHNUT HOLE THERE OF ISSUES WITH PRIVATE ROADS THAT WERE PROBLEMATIC FOR MY COMMISSIONERS AND SOME OF THEM ARE HERE IN THE AUDIENCE TODAY, SO I'M HAPPY TO SEE THAT TEN ACRE INCLUDED.

THE NEXT TOPIC I WOULD LIKE TO SPEAK TO ON THIS INVOLVES THE ANIMAL SERVICES GROUP.

MARK IS OUR ANIMAL SERVICES DIRECTOR. HE COMES TO US FROM AUSTIN, I BELIEVE, WITH SOME NEW IDEAS, SOME PROGRESSIVE IDEAS. ONE OF THE IDEAS HE HAS IS TO RELOCATE ANIMAL SERVICES INTO THE CITY LIMITS, WITHIN THE CITY LIMITS.

PART OF THAT IS REUNITING ANIMALS WITH THEIR OWNERS IS DIFFICULT WHEN HE PICKS THEM UP AND TAKES THEM OUT THERE AND YOU HAVE TO DRIVE THREE OR FOUR MILES OUT TO PICK THEM UP SO RELOCATING THEM WOULD BE BENEFICIAL AND PLUS 80% OF HIS CALLS COME WITHIN THE CITY LIMITS SO HAVING HIS STAFF AND OPERATION IN THE VICINITY OF WHERE HE SERVICES AND PICKS UP ANIMALS AND THEN REUNITING, IT MAKES IT EASIER FOR VOLUNTEERS TO COME AND PEOPLE TO LOOK FOR ANIMALS TO ADOPT, TOO, IF IT'S IN TOWN AND CLOSER AND MORE CONVENIENT.

AS I WAS READING THIS UDO, I CAME TO THE SECTION OF KENNELS AND IT REFERS -- LET'S SEE.

OKAY, IT BEGINS WITH KENNELS, THEY HAVE TO BE SEPARATED 300-FEET PROPERTY LINE TO PROPERTY LINE. FINDING A LOCATION THAT A PROPERTY LINE IS 300-FEET TO THE NEAREST PROPERTY LINE WOULD MAKE IT CHALLENGING TO FIND A PLACE. WE DO HAVE A LOCATION THAT WE'RE CONSIDERING AND WE BELIEVE IT'S A GOOD PLACE. I DID START THE COMMERCIAL INSPECTION ONLY PROCESS LAST MONTH THAT GIVES US UNTIL THE END OF APRIL FOR US TO BE UNDER

[00:45:07]

THE CURRENT ORDINANCE, EVEN IF Y'ALL ADOPT IT, WE STILL HAVE UNTIL THE END OF APRIL TO SECURE PERMITS AND DO THE IMPROVEMENTS, BUT THERE ARE SOME OTHER CHALLENGES.

THIS IS AN OLD WAREHOUSE WE'RE LOOKING AT. IT'S GOING TO TAKE A LOT OF WORK WITH CONSULTANTS TO DEVELOP THE PLAN, SUBMIT THE ARCHITECTURAL DRAWINGS, GET THE PERMITS GOING.

I DON'T THINK ONCE WE START THE PERMIT WITHIN THIS WINDOW WE CAN CONTINUE THAT.

I DON'T THINK THAT'S GOING TO BE A PROHIBITIVE THING FOR US TO DO BUT IT'S THE AVAILABILITY OF US CONSULTANTS TO GET THIS VISION THAT MARK HAS TO MODERNIZE THE ANIMAL SERVICES GROUP WITHIN AN ENCLOSED SHELTER, ENCLOSED, BUT THE DEFINITION IN THE UDO IS A VERY BROAD DEFINITION.

AS I MENTIONED, 21-141 TALKS ABOUT THE SEPARATION BUT WHEN YOU LOOK AT THE DEFINITION IT'S A FACILITY TO HOUSE DOGS, CATS OR OTHER HOUSEHOLD PETS AND/OR BREEDING, TRAINING, ADOPTING, SELL ANIMALS IS CONDUCTED. THAT'S THE DEFINITION OF KENNELS, WHICH COULD BE EXPANDED TO AN ANIMAL SHELTER DEFINITION BY STAFF WHICH COULD MAKE US SEPARATE BY 300-FEET FROM PROPERTY LINE. I WAS READING THE ANIMAL AND FOWL DEFINITION AND THERE'S A DEFINITION FOR ANIMAL SHELTER AND THERE'S ALSO A DEFINITION OF KENNEL.

THE ANIMAL SHELTER IS A FACILITY OPERATED BY HUMANE SOCIETY OR MUNICIPAL OR OTHER GOVERNMENTAL AGENCY FOR THE PURPOSES OF IMPOUNDING OR CARING FOR ANIMALS HELD UNDER THE AUTHORITY OF THIS CHAPTER OR STATE LAW. SO THE UNIQUENESS OF ANIMAL SERVICES IS IT IS A SERVICE, A GOVERNMENTAL SERVICE PROVIDED TO THE COMMUNITY. WE HAVE THIS MASTER CONTRACT WITH THE CITY WHERE YOU ENGAGE WITH THE COUNTY TO PROVIDE THOSE SERVICES IN THAT MASTER CONTRACT. SO ANIMAL SERVICES, EVEN THOUGH HE'S UNDER THE DIRECTION OF COMMISSIONER'S COURT, THEY ARE -- HE DOES SERERVICE AND PROVIDE IT UNDER OUR CONTRACT WITH THE CITY TO PROVIDE THOSE SERVICES. THE CURRENT VERSION I THINK THAT'S BEFORE YOU ALSO ALLOWS SOME STIPULATIONS IN THE KENNEL USE.

IT SAID THE 300-FOOT DISTANCE REQUIREMENT SHALL NOT APPLY IF A KENNEL IS ABUTTING A RAILROAD RIGHT OF WAY, OPERATED ONLY WITH AN ATTENDANT PRESENCE. ANIMALS SHALL BE ENCLOSED WITH A MINIMUM SIX FOOT FENCE. THIS WHOLLY CONTAINED BUILDING. IN OUR PARTICULAR PROPOSAL, THIS WOULD BE A WHOLLY CONTAINED BUILDING, NO OUTSIDE RUNS, WE DO PLAN TO HAVE AN OUTSIDE EXERCISE AREA, BUT THE PROBLEM THAT I SEE AND THE WAY THIS IS CURRENTLY WRITTEN IS IT DOESN'T ACKNOWLEDGE ANIMAL SHELTERS THAT CHAPTER IV DOES. IT DOES NOT INCLUDE ANIMAL SHELTERS IN THE UDO AS AN ACCOMMODATION FOR THAT GOVERNMENT SERVICE OF ANIMAL CONTROL SERVICES. SO I WOULD RESPECTFULLY ENCOURAGE Y'ALL TO ADD THAT ACCOMMODATION TO ALLOW THE ANIMAL CONTROL SERVICES TO OPERATE, WHETHER THEY GO INTO THE LOCATION WE CURRENTLY HAVE PLANNED OR LOCATE SOME OTHER WAY AS THE INTEREST IN ADOPTING ANIMALS AND MARK'S SERVICE MAY WANT ANOTHER LOCATION IN OUR TOWN THAT'S MORE CENTRALLY LOCATED, JUST DON'T WANT IT LEFT UP TO AN INTERPRETATION OF A STAFF PERSON IF WE DON'T HAVE IT NAILED DOWN IN THE ORDINANCE TO ALLOW ANIMAL SERVICES TO DO THEIR BUSINESS AND SERVE OUR

CITIZENS AND SERVE THE ANIMALS. >> I WANT TO CLARIFY. THE ISSUE ISN'T AS MUCH WHAT THE

PROVISIONS SAY, IT'S WHAT THE DEFINITION OF A KENNEL IS? >> THAT'S CORRECT.

[00:50:06]

>> SO YOU'RE OKAY WITH THE PROVISIONS, YOU'RE JUST ASKING FOR A CARVE OUT FOR --

>> I WOULDN'T SAY A CARVE OUT. THAT'S KIND OF THE GOVERNMENT'S GETTING A BENEFIT THAT NOBODY ELSE GETS. IT'S MORE OF AN ACCOMMODATION FOR THE SERVICES THAT THE COUNTY PROVIDES IN A LOCATION THAT'S CONVENIENT FOR OUR RESIDENTS TO COME IN AND RECLAIM THEIR ANIMALS AND ALSO FOR PEOPLE THAT WANT TO ADOPT ANIMALS MORE CONVENIENT SO THAT WE DON'T HAVE TO MOVE TO THAT TERMINATION IF WE CAN PUT THEM WITH OTHER FAMILIES E.

>> GOT YOU, OKAY. THANK YOU. >> I'M TRYING TO FIGURE OUT, THE PURPOSE OF THIS IS BECAUSE THERE'S NOISE ASSOCIATED WITH THE ANIMALS.

I HAVEN'T HEARD ANYTHING THAT THIS ANY WAY DISSUADES THAT. I UNDERSTAND THAT I GUESS THEY WOULD BE HOUSED IN A BUILDING BUT YOU STILL HAVE THAT OPEN RUN.

THEY HAVE TO BE OUT. >> THE CURRENT VERSION OF THIS ORDINANCE BEFORE YOU DOES SAY THAT IT CAN BE AN ATTENDANT THAT CAN DO THE RUN AND MARK CAN SPEAK TO THE ACTUAL OPERATION AND I DON'T THINK YOU HAVE THE DISRUPTION OF SOUND, THEY GO OUT A FEW AT A TIME WITH AN ATTENDANT. IT'S NO DIFFERENT THAN PLAYING WITH YOUR DOG IF THE BACKYARD IS

THE TYPE OF CONCEPT THAT AN OUT DOOR RUN WITH AN ATTENDANT. >> SO WHAT YOU'RE PROPOSING WOULD NOT -- THE KENNELS WOULD NOT BE WHOLLY WITHIN THE BUILDING.

>> THAT'S THE MOOD DURNIZATION AND STRATEGIES THATDERNIZATION STRATEGIES THAT MARK HAS BROUGHT TO THIS COMMUNITY, THEY'RE WHOLLY HOUSED, THEY'RE WITH AN ATTENDANT A FEW AT A TIME SO

THEY CAN CONTROL THAT. >> OKAY. I'M NOT SEEING WHY THIS IS A

PROBLEM. >> IT'S THE 300-FOOT SEPARATION FOR THE USE AND THE DEFININITIO OF A KENNEL VERSUS THE DEFINITION OF A SHELTER. IT'S THE LIMITING FACTOR TO

ALLOW THEM TO OPERATE AND SET UP INSIDE A COMMUNITY. >> THANK YOU.

>> THE FIRST THING I WOULD LOOK AT IS IT'S UNDER COMMERCIAL. THIS IS A GOVERNMENTAL PROCESS AND THIS IS TRULY COMMERCIAL. I'LL LOOK TO THE LAWYERS. [LAUGHTER]

>> I'LL LOOK TO THE STAFF. >> DON'T TAKE MY MIC, TAKE HIS MIC.

>> I THINK IN CHAPTER II IN THE CITY OF ORDINANCES THERE'S A PROVISION THAT HEADINGS AREN'T THE RULES BUT IT IS HARD -- REALLY, COMMERCIAL IS TO MAKE IT EASIER LIKE CHANCE IS SAYING THOSE OUT OF TOWN DEVELOPERS BUT REALLY NONRESIDENTIAL. IT'S RESIDENTIAL VERSUS NONRESIDENTIAL TYPES OF THINGS BUT INSTEAD OF A NONRESIDENTIAL HEADING TO MAKE IT EASIER FOR PEOPLE TO, DEVELOPERS WHEN THEY WANT TO DEVELOP, WE PUT THE TERM COMMERCIAL BUT REALLY TITLES DON'T CONVEY ANY CODE IF YOU READ THAT IN I THINK OUR CHAPTER II GENERAL PROVISION SECTION THAT SAYS TITLES DON'T MEAN ANYTHING. IT'S AN EASY WAY TO ORGANIZE

INSTRUCTION SO PEOPLE CAN FIND THINGS >> COULD THE COUNTY ALWAYS ASK

FOR A VARIANCE? >> I ACTUALLY HAD THAT SAME QUESTION, JULIE.

I KNOW THAT WE ADDED THE WAIVER PROCESS. WOULD THIS BE AN INSTANCE WHERE IN LIEU OF A VARIANCE IT WOULD BE THE WAIVER PROCESS TO GET THE PEOPLE WITHIN 300-FEET TO SIGN

OFF ON IT OR IS IT EITHER/OR. >> IT'S EITHER/OR. IF THE WAIVER CAN'T BE SECURED OR IF THEY DON'T WANT TO TRY TO SECURE WAIVERS, THEN THEY CAN APPLY FOR A VARIANCE AND THIS

[00:55:03]

WAS DISCUSSED AT PLANNING COMMISSION LIKE YOU MENTIONED EARLIER TOO AND THAT WAS PLANNING COMMISSION'S SENTIMENT. WE DID BUILD IN A RELIEF AVENUE IN THE CODE.

THERE IS THE WAIVER PROCESS PLUS VARIANCE. EITHER/OR.

>> WOULD THAT VARIANCE BE GOOD FOREVER? >> HOWEVER COUNCIL WANTS TO GRANT IT SO YOU CAN PLACE CONDITIONS THAT IT'S JUST FOR THE COUNTY AND IT DOESN'T RUN

WITH THE LAND. YES, IT COULD BE FOREVER. >> I DON'T WANT TO COME BACK

EVERY YEAR FOR A VARIANCE -- >> I WOULDN'T RECOMMEND THAT. I THINK IF YOU WANTED TO GRANT IT FOR THE COUNTY I WOULD PUT IT TO RUN WITH THE LAND AS LONG AS THEY HELD IT BUT THAT'S

COMPLETELY UP TO COUNCIL'S DISCRETION AT THAT TIME. >> ONE THING I WILL POINT OUT, AND MR. JOHNSTON TALKED ABOUT THE ANIMAL CONTROL ORDINANCE. IT LOOKS LIKE TO ME THE DEFINITION WE ASSIGN TO THAT ORDINANCE IN KENNEL CONTEMPLATED MORE OF WHEN YOU'RE TALKING ABOUT BOARDING, MORE OF A FOR-PROFIT ENTERPRISE BECAUSE IT ENGAGES IN THE BUSINESS OF AND SO IT MAKES SENSE THAT WE PROBABLY NEED TO LOOK AT THAT COMPARED TO THIS AND MAKE SURE

WE'RE CONSISTENT WHEN WE USE THAT TERM AND THOSE DEFINITIONS. >> AND I THINK YOU'RE CORRECT.

WHEN THAT DEFINITION WAS CREATED IT WAS MORE OF A FOR-PROFIT -- FOR EXAMPLE, THE MAIN STREET THAT HAS THE KENNELS, THE BOARDING AND THAT SORT OF THING. THE PET RESORT, THANK YOU.

NOT NECESSARILY THE OUTSIDE KENNELS OUTSIDE, IT WAS MEANT FOR THAT SORT OF BUSINESS SO WE

CAN LOOK INTO MAKING SURE THOSE ARE -- >> AND MY UNDERSTANDING, YOU CAN CORRECT ME IF I'M WRONG BECAUSE I WAS NOT INVOLVED IN THE DRAFTING OHHER THAT ORDINANCE AT ALL BUT THERE WAS A LOT ABOUT OPERATION AND DOGS IN GENERAL. WE WERE LOOKING AT LAND USE AND HOW LAND USES IMPACT OTHER LAND USES SO IT WAS A VERY NARROW LOOK.

>> I WOULD SAY, AND WE CAN TALK ABOUT THIS MORE ON FRIDAY BUT LET'S COMPARE THOSE TWO BEFORE THAT AND MAKE SURE WE'RE CONSISTENT IN HOW WE'RE APPLYING THAT TERM.

I THINK THAT WOULD MAKE SENSE. >> ABSOLUTELY. WE CAN WORK ON THAT BEFORE

FRIDAY, YES, SIR. >> GREAT, THANK YOU. I THINK WHAT WE'LL NEED FROM COUNSEL MORE SPECIFICALLY IS, YES, THERE'S GOOD FEED BEAK TO ENSURE THAT VERBIAGE BE CONSISTENT BUT I BELIEVE THE INTEND BEHIND SUGGESTING WE BREAK UP THE DEFINITION OF THE UDO TO NOT HAVE THE RUN TO BE INCLUDED IN. SO YOU HAVE THE DEFINITION OF SHELTIEER THAT WOULD FIT THE ANIMAL CARE FACILITY AND NOT HAVE THE 300-FOOT BUFFER APPLIED TO THAT AND YES TO THE OTHER OR NO TO BOTH AND YES TO BOTH. I THINK THE INTENT IS TO CLARIFY THE DEFINITIONS TO BE CONSISTENT BUT NOT HAVE THE 300-FOOT BUFFER APPLY TO SHELTER SO THAT THEY CAN TAKE HOWEVER MUCH TIME THEY NEED TO HAVE THE PROJECT PLAY OUT AND NOT HAVE TO WORRY ABOUT

IT. >> THERE WAS A SUGGESTION IN BULLET NUMBER TWO, THE 300-FOOT DISTANCE SHOULD NOT APPLY IF IT IS ABUTTING A RAILROAD RIGHT OF WAY OR FACILITY OPERATED BY THE

HUMANE SEAT OR GOVERNMENTAL AGENCY ...OF STATE LAW. >> HOW MANY FEET WOULD YOUR FACILITY THEN BE? IF YOU NEED A 300-FOOT VARIANCE, HOW MANY FEET IS IT GOING TO BE?

>> CURRENTLY IT MEETS THE CURRENT ORDINANCE WHICH IS 100-FOOT BUILDING, THE BUILDING

IS 100-FEET FROM THE NEAREST RESIDENT. >> SO INSTEAD OF 300 IT'S 100.

>> IF YOU USE PROPERTY LINE IT'S PROBABLY ABOUT 50-FEET FROM THE RESIDENTIAL.

IF YOU USE PROPERTY LINE TO PROPERTY LINE >> WHICH IS THE WAY THE UDO IS

DRAFTED, RIGHT? >> UH-HUH. >> SO SOMETHING FOR COUNCIL TO

THINK ABOUT AND WE CAN DISCUSS THAT MORE ON FRIDAY FOR SURE. >> WOULD IT BE CORRECT OR CAN WE

[01:00:03]

TABLE TONIGHT'S VOTE UNTIL WE DO OUR WORKSHOP ON FRIDAY AND MOVE ALL OUR READINGS DOWN ONE?

>> THAT'S A GREAT QUESTION FOR DR. YOUNG BECAUSE I KNOW HE'S PREPARED TO ADDRESS THAT

PROCESS. >> THAT'S A GREAT QUESTION. I HAD THAT SAME THOUGHT.

[LAUGHTER] THINKING THROUGH THAT, WE HAVE DONE THINGS A LITTLE BIT DIFFERENT HERE. I THINK WE HAVE DONE BACK TO A MORE TRADITIONAL WHERE THERE ARE A TOTAL OF THREE READINGS. TONIGHT'S ISN'T -- CERTAINLY WE CAN VOTE ON THIS AND, YES, WE'RE VOTING ON THIS KNOWING FULL WELL THAT WE ARE GOING TO SIT AND FURTHER DISCUSS THIS ON FRIDAY AND HAVE ANOTHER CHANCE TO DISCUSS AND YET ANOTHER CHANCE TO DISCUSS, SO VOTING YES IS REALLY JUST -- YOU CAN VOTE YES BECAUSE YOU LIKE THIS DOCUMENT OR YOU CAN VOTE YES THAT THERE ARE PARTS OF THIS I LIKE AND I WANT TO CONTINUE TO MOVE THIS DOWN THE ROAD KNOWING FULL WELL THIS MAY NOT BE THE FINAL DOCUMENT ITSELF SO THERE ARE TWO WAYS TO TRULY APPROACH THIS.

YOU CAN TABLE IT AND PUSH THAT TIMELINE BACK OR WE CAN VOTE AND THAT TIMELINE IS STILL THERE, HOWEVER, THIS DOCUMENT MAY BE CHANGED BY THAT TIME. BECAUSE WE SEPARATED OUT THE

SECOND AND THIRD READINGS. >> SO IF THE INTENT IS TO SEPARATE THE SECOND AND THIRD READINGS, WE WOULD HAVE THE FIRST READING TONIGHT AND IN THEORY YOU APPROVE THE FIRST READING TONIGHT, IT GETS DISCUSSED ON FRIDAY. CHANGES ARE MADE BEFORE THE SECOND READING IN DECEMBER AND THERE WOULD BE ANOTHER TINT TO MAKE FURTHER CHANGES BEFORE THE

THIRD READING WHICH WOULDN'T HAPPEN UNTIL JANUARY. >> ALL ALONG THIS WAY, THERE'S STILL AN EXIT CLAUSE THAT IF YOU WANT OUT AND SAY I WANT TO TABLE THIS, YOU CAN BRING IT UP AT ANY

TIME. >> AT THE SECOND AND THIRD READING?

>> AT THE SECOND AND THIRD READING, I COULD. >> OKAY.

>> IF TONIGHT THE FIRST READ IS APPROVED AND WE MAKE CHANGES AND THE SECOND READING IS APPROVES WE DON'T HAVE TO BRING BACK THE THIRD READING. YOU COULD SAY BECAUSE OF THE HOLIDAYS, FOR EXAMPLE, MAYBE YOU WANT ANOTHER DISCUSSION POINT AT THE FIRST MEETING IN JANUARY AND THEN HAVE THE THIRD READING AT THE SECOND MEETING IN JANUARY. THERE ARE DEFINITELY OPTIONS HERE FOR COUNCIL AND IT'S ALL YOUR PREROGATIVE. OUR INTENT AND RECOMMENDATION AND WHAT DR. YOUNG IS SUGGESTING IS THAT WE RECOMMEND APPROVAL TONIGHT TO GET THE BALL ROLLING.

ONE OF THE THINGS I WANT TO ASK JULIE AND CHANCE TO BETTER PRESENT ON FRIDAY IS THAT I DON'T WANT COUNCIL TO THINK THERE HASN'T BEEN INVOLVEMENT FROM STAKE HOLDERS OR PLANNING COMMISSION THROUGHOUT THIS WHOLE PROCESS AND THINK THAT SOMEHOW THIS IS STAFF UNILATERALLY PUTTING THIS THING TOGETHER. THAT HASN'T BEEN THE CASE. WHILE I RECOGNIZE MR. SWEARINGEN HASN'T BEEN SPECIFICALLY INCLUDED OR INVITED, THERE HAVE BEEN OTHER INDIVIDUALS INVITED FROM OTHER DEVELOPMENT GROUPS THROUGHOUT THE WAY. WE HAVE BEEN INTENTIONAL IN TRYING TO RECEIVE INPUT FROM DIFFERENT FOLKS REPRESENTING DIFFERENT INTEREST AREAS THROUGHOUT THE PROCESS AND WE HAVE HEAVILY LANED ON THE PLANNING COMMISSION SINCE THEY'RE ULTIMATELY THE ONES AND COUNCIL MEMBER SCOTT CAN ATTEST TO THAT PROCESS.

I THINK ON FRIDAY WE CAN DO A BETTER JOB OF OUT LINING THAT TIMELINE SO HELPFULLY THAT HELPS ASSURE YOU SOMEWHAT THAT THERE HAS BEEN THIS LONG PROCESS AND I CONCEDE THAT WE PROBABLY HAVEN'T DONE A GOOD JOB TONIGHT NOR THE MOST RECENT TIME THAT CHANCE PRESENTED AT A WORKSHOP IN CONVEYING THAT TIMELINE AND THAT MIGHT HELP, BY I CERTAINLY THINK THAT THERE ARE CHANGES THAT WILL BE MADE COMING FROM THE DIRECTION WE GET ON FRIDAY AND OTHERWISE, RIGHT? I KNOW WE HAVE ALREADY GONE BACK AND FORTH A LITTLE BIT WITH WHAT THE COUNT BROUGHT UP AND NOT SO MUCH WITH WHAT MR. SWEARINGEN BROUGHT UP, BUT I THINK THOSE THINGS ARE THINGS WE CAN HAMMER

OUT ON FRIDAY. >> ONE THING THAT YOU GUYS WERE ASKING ABOUT FOR FRIDAY, ONE

[01:05:05]

THING I WOULD LIKE TO HEAR ABOUT IF IT EXISTS, WE KNOW THE SIDEWALK ISSUE AND PARK LAND DEDICATION ISSUES ARE THERE, WERE THERE CHANGES MADE BASED ON THAT?

>> YES, AND I THINK I COVERED MOST OF THEM AT THE LAST MEETING.

IN THE BEGINNING, WE HEARD FROM THE BUILDERS ASSOCIATION REP HAD A LOT OF CONCERNS ABOUT THE COMMERCIAL GENERAL LIABILITY INSURANCE, ALTHOUGH ALL THE SUBSEQUENT MEETINGS, RICK JUST HAD A MEETING ON THE NEC WITH THE CONSTRUCTION BOARD OF APPEALS LAST NIGHT AND ALL THE EXISTING CONTRACTORS THAT CARRY THAT INFORMATION ARE VERY SUPPORTIVE OF THAT PROVISION SO THAT'S NOT A CONCERN. BILLBOARDS, THE PROBLEMS THEY CAUSE AND THE FACT THAT IF WE DO NOT PROHIBIT THEM, WE'RE NOT ELIGIBLE TO BE PART OF THE SCENIC CITY PROGRAM AS LONG AS WE ALLOW THEM IN OUR CITY SO THAT'S ANOTHER REASON TO PROHIBIT BILLBOARDS.

THE SEPARATION REQUIREMENTS. THE SEPARATION REQUIREMENTS ARE NOT FOR ALL COMMERCIAL LAND USES SO OFFICE, RETAIL, IT'S REALLY LIMITED TO HEAVY INDUSTRIAL AND AUTOMOTIVE USES AND THINGS THAT ARE GENERALLY IN CONFLICT BEING NEXT TO RESIDENTS LIKE, UNFORTUNATELY, KENNELS AND BARKING DOGS SO THERE'S A LIST OF ABOUT A DOZEN OF THOSE LAND USES THAT HAVE THE SEPARATION

REQUIREMENTS. >> AND I THINK WE NEED TO GO THROUGH THAT DETAIL ON FRIDAY SO THAT TUNE SILL IS REMINDED ON SPECIFICALLY WHICH USES ARE THE ONE THAT IS HAVE THAT --

>> AND NOT ALL OF THEM HAVE A 300-FOOT BUFFER. THOSE BUFFERS, SOME ARE 100-FEET, FOR EXAMPLE, THE NAVAR RIGHT OF WAY I THINK IS 100-FEET.

A GOOD EXAMPLE IS A NATIONAL CHAIN THAT BACKS UP AGAINST A WELL-ESTABLISHED NEIGHBORHOOD THAT WE RECEIVED A LOT OF COMPLAINTS ON. THAT'S WHY THAT PART WAS WRITTEN. BILLBOARDS, LAND USE AND THEN SIDEWALKS AND PARK LAND.

THAT WAS IT. LIKE I SAID, THERE WERE A LOT OF GOOD THINGS.

I THINK CHANCE HIT ON IT. RIGHT THOUSAND WE HAVE THE RULE ABOUT DEED APPROVAL.

THAT IF A LOT WAS IN THAT CONFIGURATION BEFORE WE FIRST ADOPTED OUR VERY FIRST SUBDIVISION ORDINANCE IN 1956, THEN THAT'S A DEED APPROVAL AND PEOPLE DON'T HAVE TO PLAT BUT THERE WAS A LOT OF SUBDIVISION OF LAND AFTER THAT BY MEETS AND BOUNDS SO IF PEOPLE COME IN TO GET A BUILDING PERMIT FOR AN ADDITION OVER 20%, WE TELL PEOPLE YOU HAVE TO PLAT AND%, WE YOU HAVE 5%, WE TELL PEOPLE YOU HAVE TO PLAT AND THOUSAND THIS ORDINANCE JUST REQUIRES A SURVEY. THAT'S A COST DIFFERENCE OF SEVERAL THOUSAND DOLLARS.

THERE ARE A LOT OF THINGS THAT HELP YOUR AVERAGE JOE AND THE BIG COMMERCIAL TYPE RULES ARE SUBSTANTIALLY VERY SIMILAR TO WHAT WE HAVE NOW WITH SOME RELAXATION IN THE PARKING RULES, LIKE YOU SAID, OR SOME THAT'S STRICTER ON THE TYPE OF TREES, LIKE WE'RE NOT COUNTING CREPE MYRTLES AS TREES ANYMORE. IT'S VERY SIMILAR TO WHAT WE'RE DOING NOW.

>> ANOTHER EXAMPLE OF AN EXISTING CONDITION, TEXAS CONCRETE, THAT SEPARATION REQUIREMENT WOULD PREVENT ANOTHER SITUATION OF HAVING A BUSINESS LIKE TEXAS CONCRETE RIGHT ACROSS THE STREET FROM RESIDENTS AND WE KNOW THE CHALLENGES THAT PRESENTS SO HAVING SEPARATION FOR USES LIKE THAT ARE INTENDED TO BE WITHIN THE BEST INTEREST OF THE RESIDENTS, SIMILAR TO THE ANIMAL SHELTER. AT SOME POINT I HOPE THE COUNTY WILL ASK THE QUESTION WHAT DO THE PEOPLE WHO LIVE AROUND HERE THINK ABOUT THIS SITE? REGARDLESS OF WHAT GETS DECIDED WITH THIS ORDINANCE, I'M SURE THEY WILL, THEY'LL GO THROUGH THAT PROCESS, RIGHT? BUT AT THE END OF THE DAY, THAT'S WHAT'S DRIVING THIS.

IT'S NOT AN ATTEMPT TO LIMIT DEMEVELOPMENT, IT'S AN ATTEMPT TAKE THE PERSPECTIVE OF THE PERSON THAT LIVES NEXT DOOR OR ACROSS THE STREET, TAKING THAT PERSON'S EXPERIENCE INTO ACCOUNT. WE HEAR IT ALL THE TIME WITH PEOPLE FEELING CONCERNED WITH NOISE AND PROXIMITY OF THAT. THAT CAN'T BE ADDRESSED THROUGH SOMETHING LIKE THIS, BUT WE KNOW THROUGH CITIZENS COMMUNICATION THAT THERE ARE SITUATIONS WHERE PEOPLE LIVE IN PROXIMITY TO

[01:10:03]

BUSINESSES THAT CREATE ISSUES. SO WE'RE TRYING TO FIX WHAT WE CAN WITHOUT HAVING TO GO TO THE

FULL EXTENT OF ZONING. >> AND SPINNING TO THE SINGLE FAMILY DEVELOPMENT, OUR CHANGES ARE BETTER, I THINK, IF WE HAVE SOMEONE WHO WANTS TO DEVELOP A 500,000 LOT SUBDIVISION, WE REDUCED THE SIZE OF THE LOT AND IF IT'S OUTSIDE CITY LIMITS AND THEY WANT TO USE THE CITY UTILITIES, THEY HAVE TO REQUEST ANNEXATION. THERE ARE SOME CHANGES IN THE PROCEDURE STUFF THAT'S BECAUSE OF STATE LAW THAT WAS RECENTLY PASSED BUT WE'RE FOLLOWING STATE LAW, STILL HAVE THE FASTEST TURN AROUND TIME FOR PLATS, 30 DAYS. I THINK IF YOU LOOK AT THE CHANGES, IT'S A LOT BETTER FOR RESIDENTIAL BECAUSE WE DID REDUCE OUR MINIMUM LOT SIZE BY

1,000 SQUARE FEET. >> SCOTT DID REMIND ME, I WILL CLOSE PUBLIC COMMENTS AND HEARINGS AT THIS TIME BEFORE WE MOVE ON. THANK YOU.

>> CAN I MAKE A SUGGESTION FOR SOMETHING TO BE CONSIDERED THAT'S NOT IN THIS ORDINANCE?

>> I'LL ALLOW IT. >> ONE OF THE THINGS WE'RE DOING NOW IS CREATING A LOT OF DETENTION, RETENTION, I DON'T KNOW THE DIFFERENCE BETWEEN THE TWO.

IF WE COULD SOMEHOW, AND I DON'T KNOW HOW, A LOT OF THESE DETENTION PONDS ARE HEALTH HAZARDS, THEY'RE MOSQUITO PITS. THEY HOLD WATER WHEN IT RAINS. IF THERE WAS A BETTER WAY TO MANAGE THOSE, AND THAT'S NOT ADDRESSED IN YOUR DEAL AND I DON'T KNOW HOW YOU'D DO IT.

I KNOW AT DISNEY WORLD THERE'S NO MOSQUITOS. >> ALL I HEARD IS WE NEED A DISNEY WORLD. THAT'S WHAT I HEARD. [LAUGHTER]

>> I THINK CHAPTER XIV IS HOW WE HAVE TO DEAL WITH THAT.1 IS HOW HAVE TO DEAL WITH THAT.4 IS HOW

HAVE TO DEAL WITH THAT. >> I WAS LATE TO CLOSE IT SO I WILL INVITE YOU.

>> PUBLIC HEARING, I APPRECIATE THAT. I HAVE TWO HOUSES WITHIN 1150-FEET OF THE CONCRETE BUILDING AND NOT NECESSARILY TH BUILDING AND NOT NECESSARILY THE PARKING LOOT. WITHIN THAT PROPOSED AREA, THERE ARE AT LEAST 20 OTHER HOUSES ON OLIVER AND WHEN THE PREVIOUS OWNER WAS THERE, THE AREA DID HEAR A LOT OF CARS HONKING AND EVERYTHING. IF YOU'RE LOOK AT HAVING A 300-FOOT BARRIER, YOU MAKE IT FOR YOURSELF, NOT EXEMPT YOURSELF FROM YOUR OWN RULES. I DO AGREE WITH MOVING THE DOG KENNEL OVER THERE TO THE OLIVER AREA, BUT IF YOU'RE GOING TO HAVE RULES, THE CITY OF VICTORIA NEEDS TO STICK BY ITS OWN RULES AND FOLLOW ITS OWN RULES. BEING A FISCAL CONSERVATIVE, IT'S A GREAT IDEA, A GREAT LOCATION BUT THERE ARE A LOT OF PEOPLE THAT LIVE AROUND YOUR NEW DOG KENNEL THAT ARE GOING TO BE

HEARD THE HOWLING OF THE DOGS YET. >> IT'S NOT THE CITY'S DOG

KENNEL, BUT THE COUNTY'S. >> PLEASE REMIND THEM. >> AT THIS TIME I WILL CLOSE PUBLIC COMMENTS. IS THERE ANYMORE FROM UP ON THE DAIS?

>> NO, I MOVE WE ADOPT C 1. >> I HAVE A MOTION, DO I HAVE A SECOND?

>> I SECOND. >> ALL RIGHT, MOTION AND SECOND. I'LL CALL FOR THE VOTE, ALL

THOSE IN FAVOR SAY AYE. >> AYE. >> ALL THOSE OPPOSED, SAME SIGN.

ITEM C-1 PASSES. >> YEAH, FIRST READING, JUST TO BE CLEAR.

[D. CONSENT AGENDA]

I WILL MOVE ON TO THE CONSENT AGENDA. >> I FORGOT TO DO THIS EARLIER.

I WANT TO STAFF PULL ITEM D-8. (READING CONSENT AGENDA) >> DO I HAVE A MOTION?

[01:16:05]

>> SO MOVED. >> SECOND. >> ALL THOSE IN FAVOR SAY AYE.

[8. Approve a professional services agreement with Command Commissioning, LLC for commissioning services at the Public Safety Headquarters, in an amount not to exceed $164,738.00. Darrek Ferrell, Assistant City Manager]

ALL OPPOSED SAME SIGN. CONSENT AGENDA PASSES AS READ. D-8?

>> D-8 IS APPROVE A PROFESSIONAL SERVICES AGREEMENT WITH COMMAND COMMISSIONING, LLC FOR COMMISSIONING SERVICES AT THE PUBLIC SAFETY HEADQUARTERS IN AN AMOUNT NOT TO EXCEED $164,738.

>> COMMISSIONING IS A NEW PROCESS TO ME SO I THOUGHT THIS WOULD BE A GOOD TIME TO GIVE AN EXPLANATION FOR WHY WE FELT THIS WAS A NECESSARY COMPONENT ON THE PUBLIC SAFETY HEADQUADERS AND WE DO HAVE FERNANDO AND KEN AND SEAN IS HERE. FERNANDO AND KEN ARE ON ZOOM AVAILABLE FOR QUESTIONS BUT SEAN GREEN WITH COMMAND COMMISSIONING IS HERE AS WELL BUT WHAT I WANTED TO SPELL OUT IS THAT THE COMMISSIONING PART OF THE BUILDING, THIS IS IMPORTANT BECAUSE WE TALKED ABOUT OUR PROJECT TEAM AND THE CONSTRUCTION MANAGER IN SPA GL GLASS. COMMAND COMMISSIONING WILL BE COMPLETELY INDEPENDENT OF THOSE GROUPS. SOME OF THEIR TESTS ARE REQUIRED UNDER OUR CURRENT ENERGY CODE THAT HAVE TO BE DONE REGARDLESS OF HOW WE DO IT, RIGHT? BUT THEY'RE GOING TO TEST OUR SYSTEMS, OUR HVAC SYSTEMS, FIRE ALARMS, ELEVATORS, MAKING SURE THE WINDOWS DON'T LEAK, THEY'RE GOING TO FINDD THOSE THINGS WE MIGHT HAVE FOUND AFTER WE MOVED IN. THEY'RE A VALUE-ADDED SERVICE ON THIS PIECE BECAUSE THEY WILL PREVENT US FROM FUTURE PROBLEMS DOWN THE ROAD AND ALSO HELP US COMPLY WITH SOME OF THE ENERGY CODE REQUIREMENTS ON THE PROJECT. BEFORE I BRING UP MR. GREEN AND

OPEN IT UP, DO YOU HAVE ANY QUESTIONS FOR ME ON THAT? >> SO IS THIS IN ADDITION TO OTHER TESTING THAT THE CONTRACTOR WOULD TYPICALLY DO? THIS IS JUST KIND OF A SECOND

PHASE OF THAT OR A REDO OF IT? >> SORT OF. IT IS IN ADDITION TO THE CONTRACT. SPA GLASS HAS A QUALITY ASSURANCE TEAM MEMBER CHECKING.

OUR OWNERS ARE UP FOLLOWING PROGRESS AND MAKING SURE WE'RE FOLLOWING PLANS AND DOING THINGS, SO THERE ARE THOSE MEASURES BUT THIS IS ALSO BUDGETED ALREADY SO WHEN WE COME BACK, THIS WILL ALREADY BE INCLUDED. THIS IS JUST A SEPARATE AWARD.

>> OKAY. >> SO, YES, IT'S SEPARATE IN THAT IT'S ADDITIONAL TESTING BUT

IT IS INCLUDED IN THE PRICE. >> WHY DO YOU HAVE TO HAVE ADDITIONAL TESTING?

>> FOR US IT'S GOOD BECAUSE IT PROVIDES THAT INDEPENDENT ANALYSIS.

WE HAVE SOME PROJECTS WE'VE DONE IN THE PAST THAT HAVEN'T HAD COMMISSIONING OR ADDITIONAL TESTING WHERE WE HAD TO COME BACK AND FIX PROBLEMS LATER THAT MAY HAVE BEEN CAUGHT SOONER.

AGAIN, THINGS THAT WE WOULD HAVE CAUGHT IF WE WERE OCCUPYING THE SPACE, BUT THIS IS JUST AN EXTRA QUALITY CONTROL ITEM FOR US IN ADDITION TO THE REQUIRED -- IF WE DON'T DO THIS, THERE ARE STILL COME COMPONENTS THAT SOMEONE WOULD HAVE TO BE BROUGHT IN TO DO THE ENERGY CODE

[01:20:03]

COMMISSIONING PIECES. SO WE'LL GOET THAT DONE >> AND WE CAN ALWAYS HAVE SEAN EXPAND ON THAT AND MAKE HIS DRIVE WORTH IT. [LAUGHTER]

>> MAYOR PRO-TEM, COUNCIL, THANK YOU FOR HAVING ME. SEAN GREEN, THE REGIONAL MANAGER WITH COMMAND COMMISSIONING. I'M OUT OF HOUSTON, I OVERSEE THE GULF COAST REGION.

FERNANDO PEREZ IS MY COUNTERPART ON THE PROJECT OUT OF AUSTIN AND KEN THE OWNER IS OUT OF IRVING.

COMMAND COMMISSIONING IS A THIRD PARTY COMMISSIONING FIRM AND ALL WE DO IS COMMISSIONING.

WE HAVE PROFESSIONAL ENGINEER THAT IS WORK FOR US, WE HAVE PH.D. THAT IS -- THAT WORK FOR US, VARIOUS TRADES WE RECRUITED THAT BRING A TREMENDOUS AMOUNT OF EXPERTISE.

TIMES HIKE THIS IS THE MOST IDEAL TIME TO GET A COMMISSIONING AGENT INVOLVED BECAUSE WE PROVIDE DESIGN PHASE SERVICES THAT ARE LOOKING FOR GAPS IN THE ACTUAL PROJECT'S DESIGN AS IT RELATES TO THE SYSTEMS THAT ARE INCLUDED IN OUR SCOPE OF WORK SO MECHANICAL, ELECTRICAL PLUMBING SYSTEMS, BUILDING BUILDING ENVELOPE, WE'RE LOOKING AT DETAILS MAKING SURE THINGS CAN BE COMMISSIONED TO MAKE SURE THERE ARE NO SURPRISES.

WHEN WE'RE ABLE TO CATCH THAT IN THE DESIGN PHASE, WHICH IS WHERE WE ARE RIGHT NOW IN THE PROJECT, WE CAN GET A BETTER BID OUT OF THE CONTRACTORS -- I SAY WE, Y'ALL CAN GET A BETTER BID FROM THE SOON TRACTORS AND IT HELPS TO ENSURE THERE'S NO CHANGE ORDERS AFTER THE FACT.

WE GO VERY HAND IN HAND WITH QATC, BUT WHAT WE DO DIFFERENT FROM MECHANICAL ENGINEER'S QC IS WE'RE ALSO FILLING THE GAPS BETWEEN THE MECHANICAL AND ELECTRICAL ENGINEERING.

ELECTRICAL ENGINEERING HAS INTENT AND DESIGN AND A CONTROL CONTRACTOR IS SUPPOSED TO BE PICKING UP AS WELL. SOMETIMES THOSE ITEMS GET MISSED, THERE ARE GAPS THERE, SO WE'RE LOOKING TO FILL THOSE GAPS WHERE OTHER EXPERTS MAY JUST HAVE BLINDERS ON, TUNNEL VISION,

THEY'RE STAYING IN THEIR LANE SO WE CROSS ALL LANES. >> I WAS HOPING ONE OF YOU WOULD MENTION THIS BUT IN REAL LIFE WHAT THIS LOOKS LIKE IS PART OF THIS COMMISSION ENSURE THAT IS THE SYSTEMS WORK THE WAY THEY'RE SUPPOSED TO WHEN THEY'RE SUPPOSED TO.

IF A FIRE ALARM GOES OFF, ARE CERTAIN SYSTEMS SHUTTING OFF AS THEY SHOULD? ARE CERTAIN LIGHTS THAT ARE SUPPOSED TO STAY ON WHEN THE FIRE ALARM GOES OFF STAYING ON? THOSE THINGS, TO HIS POINT, THE ELECTRICAL MAY NOT BE ON THE SAME PAGE AS THE MECHANICAL SO THIS IS NOT JUST ENSURING THE WORK IS DONE RIGHT BUT IT'S ENSURING THE SYSTEMS ARE RESPONDING. WE DON'T WANT TO KNOW SYSTEMS AREN'T WORKING RIGHT DURING A FIRE ALARM WHEN A REAL FIRE IS GOING ON, RIGHT? AND I KNOW THAT MAYOR BAUKNIGHT SHOULD BE HERE FOR THIS CONVERSATION BECAUSE THEY'RE VERY ACCUSTOMED TO THIS AND I

THINK HE CALLED A COUPLE OF YOU WITH QUESTIONS AS WELL. >> YES, I DID SPEAK TO MAYOR BAUKNIGHT BECAUSE I HAD THE SAME QUESTIONS BUT THIS IS NOT MY LINE OF WORK AND KNEW I MIGHT AS WELL ASK SOMEBODY WHO IS MORE ATTUNED TO THAT LINE OF WORK AND HE SAID THIS IS CERTAINLY NORMAL FOR A PROJECT OF THIS MAGNITUDE. I DON'T THINK WE HAVE EVER UNDERTAKEN ANYTHING LIKE THIS IN THE CITY SO I FELT A LOT MORE COMFORTABLE WITH THAT ANSWER SEEING THAT IT'S OUTSIDE THE

SCOPE OF MY PRACTICE. >> I SPOKE TO HIM ALSO AND WHAT WAS HELPFUL TO ME IS THIS IS A PUBLIC SAFETY BUILDING HEADQUARTERS. COMMAND COMMISSIONING SOUNDED

[01:25:01]

MILITARY AND HE EXPLAINED TO ME, NO, IT'S JUST THE COINCIDENCE OF THE NAME BUT THAT WAS MY QUESTION, WHY DO WE HAVE TO HAVE THE BUILDING COMMISSIONED? BUT NOT AT ALL THAT, SO I

UNDERSTAND IT MUCH BETTER. THANK YOU. >> YES, MA'AM.

>> I HAVE A QUESTION. WHAT SORT OF WARRANTIES TO YOU OFFER AS FAR AS YOUR WORKMANSHIP

AND IF SOMETHING WAS TO HAPPEN, WHO WOULD COME OUT AND FIX IT? >> WE'RE NOT PROVIDING A PRODUCT SO TO SPEAK, SO WE DON'T HAVE A WARRANTY BUT WHAT WE DO AS PART OF OUR SERVICE IS ENSURE THE PROJECT MANUAL, THE SPECIFIATIONS THAT OUTLINE THE WARRANTY REQUIREMENTS, WE ENSURE THOSE WARRANTIES ARE BEING MET. I'M FAIRLY CERTAIN IT'S IN THIS PROPOSAL BUT WE PROVIDE A 10 MENTHE WARONTH WARRANTY WALK TH GO THROUGH 10 MONTHS AFTER Y'ALL HAVE OCCUPIED THE FACILITY TO IDENTIFY, HEY, WE HAVE PROBLEMS OVER HERE, THIS PERSON OVER HERE IS ALWAYS HOT, THEY'RE ALWAYS COLD, WE TRY TO IDENTIFY WARRANTY ITEM THAT IS CAN BE ADDRESSED BY THE CONTRACTOR WILE

IT'S STILL UNDER WARRANTY. >> AND ULTIMATELY IF SOMETHING NEEDS TO BE CHANGED OR FIXED, THAT WOULD FALL ON SPA GLASS TO ENSURE THAT'S DONE RIGHT SO THEY WOULD WORK HAND IN HAND.

YOU WILL HEAR DIRECTLY FROM SPA GLASS AT OUR NEXT REGULAR COUNCIL MEETING.

WE MOVED IT? ALL RIGHT. YOU MAY OR MAY NOT HEAR FROM SPA GLASS AT THE SECOND MEETING IN DECEMBER BUT YOU WILL HEAR FROM THEM SOON WHEN WE BRING BACK THE AMENDMENT OF THEIR CONTRACT TO INCLUDE THE GMP, THE GUARANTEED MAXIMUM PRICE, AND THAT WOULD BE A GOOD OPPORTUNITY TO TALK TO THEM ABOUT THEIR WARRANTIES AND QUALITY ASSURANCE TO BETTER

UNDERSTAND THEIR ROLE IN IT. >> OKAY. >> BUT YOU WILL COME OUT A YEAR

FROM NOW OR FROM WHEN THE PROJECT ENDS? >> YES, MA'AM.

WITHIN 10 MONTHS OF THE OWNER'S ACCEPTANCE, SO WHEN YOU TAKE THE KEYS AND MOVE INTO THE FACILITY AND START USING IT, THAT'S WHEN THE CONTRACTORS, IF YOU HAD AN ISSUE, THEY WOULD SAY THAT'S WARRANTY OR IT'S CONSTRUCTION. SO TEN MONTHS FROM THAT TIME IS WHEN WE WOULD RETURN TO THE SITE. WE USUALLY PERFORM AN INTERVIEW WITH THE FACILITIES FOLKS, THE MAINTENANCE FOLKS TO GET AN UNDERSTANDING OF WHAT ISSUES THEY HAVE BEEN RUNNING INTO.

WE MAINTAIN WHAT WE CALL A COMMISSIONING ISSUES LOG THROUGHOUT THE ENTIRE PROJECT SO ANYTHING WE FIND AND DESIGN, SUBMIT A REVIEW DURING TESTING, GOES IN THAT LOG SO DURING THAT WARRANTY PERIOD IF THERE'S ANYTHING THAT WAS LEFT OPEN THAT WAS A MAYNOR ISSUE, WE TRY TO REVIEW THOSE THEN TO ENSURE THOSE WERE ADDRESSED. WE ALSO REVIEW ISSUE THAT IS WE DISCOVERED AND CLOSED AND MADE SURE THEY DIDS THAT IS WE DISCOVERED AND CLOSED AND MADE SURE TWE DISCOVERED AND CLOSED AND MADE SURE THEY DID NOT REOCCUR.

>> JOHN, MAY I ADD A LITTLE BIT? >> YEAH, GO AHEAD, FERNANDO. >> TO THE WARRANTY AND PROVISIONS, THE THIRD PARTY COMMISSIONING FIRM, WE ACT AS AN OWNER'S REPRESENTATIVE IN THIS PROCESS AND WHAT WE'RE ABLE TO DO IS ESTABLISH COMMISSIONING SPECIFICATIONS THROUGH THE DESIGN PHASE AS WELL AS DEVELOP A COMPREHENSIVE COMMISSIONING PLAN THAT IDENTIFIES THE KEY ROLES AND RESPONSIBILITIES FOR THE PROJECT DELIVERY TEAM MEMBERS WHO WILL CARRY THE BUILDING FROM DESIGN THROUGH CONSTRUCTION AND OCCUPANCY AND ACCEPTANCE.

WHAT WE IMPLEMENT ARE KEY MILESTONES THAT HAVE TOO OCCUR AND THOSE ACT AS GATES THAT WILL SERVE TO DRIVE THE PERFORMANCE AND QUALITY OF THE CONSTRUCTION AS WE MOVE THROUGH THAT ACCEPTANCE PROCESS. WE IMPLEMENT THE PERFORMANCE PROCESS THAT WILL GO THROUGH THE SEQUENCE OF OPERATIONS FOR ALL THE SYSTEMS WITHIN THE FACILITY TO VERIFY THAT THEY ARE OPERATING IN ACCORDANCE WITH YOUR REQUIREMENTS AND THE ORIGINAL DESIGNED INTENT.

THE COMMISSIONING AGENT HERE, IN THIS CASE, GOING TO DO IS PROVIDE DELIVERABLE DOCUMENTATION THAT SETS A PROCEDURAL, METHODICAL PROCESS FOR COMMISSIONING

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SYSTEMS AND COMMITMENT PRIOR TO OCCUPANCY OF THE TA SILT AND FURTHER MORE BY DEVELOPING AN ISSUES LOG AND TRACKING ISSUES THROUGH THE FUNCTIONAL TESTING PROCESS, WE'RE ABLE TO PROVIDE THE PROJECT DELIVERY TEAM, DERRICK AND HIS TEAM WITH AMMO AND A LOG AND HISTORY OF ISSUES THAT CAN BE PROVIDED TO SPA GLASS FOR RESOLUTION AND VERIFICATION AFTER THE FACT.

>> OKAY, THANK YOU. >> IN LATE NOVEMBER, THE WEEK OF THANKSGIVING, THEY RECEIVED ALL THEIR SUBMISSIONS FROM THEIR SUB C CONTRACTORS AND COMPILED THOSE AND OUR REPRESENTS HAVE BEEN DOING THEIR OWN DUE DILIGENCE AND MAKING AN ESTIMATE.

LATER THIS WEEK AND NEXT WEEK THOSE TWO GROUPS ARE GOING TO GET TOGETHER AND START COMPARING NOTES ON THE ENTIRE 70,000 SQUARE FOOT BUILDING AND MAKING SURE WHAT SHAKES OUT IS A REALLY GOOD PRICE THAT WE'RE GETTING THE BEST VALUE FOR THAT. WE HOPE THAT THAT HAPPENS BEFORE NEXT TUESDAY SO I CAN GET EVERYTHING WRITTEN AND DONE AND WE CAN GET THE CONTRACT AMENDMENT SIGNED AND ON THE AGENDA BY FRIDAY WHEN THE AGENDA GETS POSTED.

IF THERE'S A GAP, IF THERE'S MORE CONVERSATION NEEDED, IF THERE'S MORE BACK AND FORTH, THEN IT WILL BE JANUARY 2ND. WITH THE HOLIDAYS, WE HAVE TO GAUGE IN THERE IN THE MIDDLE SO THAT'S THE REASON YOU MAY HEAR FROM THEM DECEMBER 19TH OR JANUARY 2ND.

IT'S JUST A MATTER OF HOW MANY THINGS NEED TO BE HASHED OUT ON THOSE TWO ESTIMATES.

>> THANK YOU, ANY OTHER QUESTIONS? >> I MOVE FOR APPROVAL OF ITEM

D-8. >> SECOND. >> ALL RIGHT, WE HAVE A FIRST AND IS SECOND. ALL THOSE IN FAVOR OF D-8 SAY AYE.

ALL THOSE OPPOSED SAME SIGN. D-8 PASSES. THANK YOU FOR MAKING THE DRIVE

[1. Authorize posting and publication of notice of intention to issue certificates of obligation in the maximum principal amount of $59,000,000 for various capital improvements, including public safety facilities and street, sidewalk, and drainage improvements. Wesley Janecek, Assistant Director of Finance]

IN AND FOR YOUR INFORMATION. >> ABSOLUTELY. THANK YOU FOR YOUR TIME.

>> ITEM E-1 IS AUTHORIZE POSTING AND PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION IN THE MAXIMUM PRINCIPAL AMOUNT OF $59 MILLION FOR VARIOUS CAPITAL IMPROVEMENTS INCLUDING PUBLIC SAFETY FACILITIES AND STREET, SIDEWALK, AND DRAIN NUDGE IMPROVEMENTS.

>>AGE IMPROVEMENTS. >> THE ITEM TONIGHT WOULD ISSUE NOTICE OF INTENT TO ISSUE BONDS, NOT TO EXCEED $59 MILLION IN PRINCIPAL THAT INCLUDE PUBLIC SAFETY HEADQUARTERSS AND STREET RECONSTRUCTION PROJECTS. WITH US TONIGHT IS OUR FINANCIAL ADVISOR DUSTY, TRAILOR AND HE'S GOING TO PROVIDE INFORMATION ON THE CITY'S OUTSTANDING DEBT AND CURRENT MARKET CONDITIONS.

>> THANK YOU, WESLEY. >> GOOD TO SEE YOU. >> GOOD TO SEE YOU, IT'S BEEN A WHILE. THE ITEM TONIGHT IS TO APPROVE A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION FOR PUBLIC SAFETY FACILITY AND STREET IMPROVEMENT.

THIS IS A KICKOFF ITEM AS YOU MOVE TOWARDS THE ISSUANCE OF THOSE COS.

YOU ARE NOT ISSUING THOSE CERTIFICATES OF OBLIGATION TONIGHT, SIMPLY STARTING A PROCESS THAT BEGINS A CLOCK AND WE WILL BEGIN WORKING TOWARDS THE ISSUANCE WHICH IS PLANNING TO OCCUR IN EARLY FEBRUARY 2024. SO AS WE GET STARTED, I DO HAVE A QUICK PRESENTATION ON THE CITY'S OUTSTANDING PROFILE GO DEBT. PAGE NUMBER TWO, WE HAVE A BRIEF OVERVIEW OF THE CITY'S OUTSTANDING BONDS. THE CITY CURRENTLY HAS NINE DIFFERENT ISSUES OUTSTANDING FOR A TOTAL OF $37.49 MILLION, THAT'S QUITE A SIGNIFICANT REDUCTION OF THE ORIGINAL AMOUNT. YOU HAVE BEEN PLAYING DOWN THAT PRINCIPAL DRAMATICALLY OVER THE COURSE OF THE PAST SEVERAL YEARS.

THE OTHER THING I WANT TO POINT OUT, IF YOU LOOK AT THE GRAPHS DOWN AT THE BOTTOM OF THE PAGE,

[01:35:02]

WHAT THOSE GRAPHS DEPICT ARE THE OBLIGATIONS. IF YOU NOTICE THERE IN THE MOST RECENT FISCAL YEAR THAT WE JUST WRAPPED UP, 2023, OR ANNUAL DEBT SERVICE PAYMENTS WERE $10 MILLION PER YEAR AND NOW WE'RE GOING TO BE DROPPING TO PAYMENTS AROUND $6.5 MILLION PER YEAR.

THAT DECREASE IN ANNUAL DEBT SERVICE REQUIREMENTS REALLY GOES A LONG WAYS TOWARDS US BEING ABLE TO SLIDE IN THE DEBT SERVICE ON THIS PUBLIC SAFETY FACILITY AND STREET IMPROVEMENTS WITHOUT HAVING TO EXPERIMENT AN INCREASE IN THE INS TAX RATE TO SUPPORT IT SO YOU'RE WELL-POSITIONED TO HANDLE THIS DEBT OBLIGATION. AND THEN YOU'LL NOTICE ON THE NEXT PAGE WE JUST PROVIDE A TEN YEAR HISTORY OF THE TAX RATE TO THE CITY OF WICK AND WHAT I WANT VICTORIA AND WHAT I WANT TO POINT OUT TO YOU IS THAT OVER THE COURSE OF THE PAST FOUR YEARS WE HAVE SEEN A MATERIAL DECREASE IN THE TAX RATE HERE FOR THE CITY INCLUDING A DECREASE IN THE PORTION OF THE TAX RATE THAT IS DEDICATED TO PAY DEBT SERVICE, THE INS PORTION, IN THIS MOST RECENT YEAR THAT RATE WAS SET AT A 19.03 CENT RATE, A DECREASE FROM THE PRIOR YEAR OF 21.27. THEN WHAT WE HAVE ON OUR NEXT PAGE IS OUR PRELIMINARY TIMETABLE OF EVENTS, HITTING A FEW OF THE KEY ITEMS TONIGHT, APPROVING THAT NOTICE OF INTENT TO ISSUE. THAT NOTICE OF INTENT HAS TO BE PUBLISHED FOR A PERIOD OF AT LEAST 45 DAYS. WE'RE EXPECTING PUBLICATION LATER THIS WEEK AND IT'S THAT DATE THAT STARTS THE 45-DAY CLOCK. FROM THAT POINT FORWARD, WE WILL BE WORKING CLOSELY WITH YOUR STAFF THE PREPARE THE PRELIMINARY OFFERING DOCUMENTS, VISIT WITH THE RATING AGENCIES, AND THEN BEING PREPARED TO BE IN THE BOND MARKET ON FEBRUARY 6TH, 2024, TO SELL THE COS AND LOCK IN THE INTEREST RATE ON THOSE OBLIGATIONS AT THAT POINT.

ON THE PAGES THAT FOLLOW, WE HAVE AN OVERVIEW OF THE BOND MARKET.

I THINK IT'S IMPORTANT FOR US TO POINT OUT IF YOU GO TO THE VERY LAST SLIDE, THIS SLIDE LOOKS AT INTEREST RATES FROM THE MMD, WHICH IS THE YIELD CURVE OFF WHICH MUNICIPAL BONDS ARE PAID OUT EVERY DAY. YOU SEE THAT BOX TO THE FAR RIGHT AND WHAT YOU SEE THERE IS MUNICIPAL BOND RATES TICKING UP CONSISTENTLY OVER THE COURSE OF THIS CALENDAR YEAR UNTIL ABOUT SEVEN WEEKS AGO, RIGHT AROUND OCTOBER 15TH, OCTOBER 18TH, 2023, WE HAVE SEEN BOND RATES START TO TREND BACK EH DOWN, SO FINGERS CROSSED THAT WILL CONTINUE.