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[A. CALL TO ORDER]

[00:00:17]

PLEASE CALL ROLE. >>

>> IF EVERYONE WILL PLEASE RISE FOR THE PLEDGES FOLLOWED BY A

MOMENT OF SILENCE . >> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC, FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. I HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE TO THE. TEXAS, ONE STATE, UNDER GOD,

ONE INDIVISIBLE. >> WE HAVE A PROCLAMATION TO

[a. VISD 125th Anniversary Proclamation. Jeff Bauknight, Mayor]

RECOGNIZE ANNIVERSARY. >> THE VICTORIA SCHOOL DISTRICT WAS FOUNDED IN 1980. THE LEGACY OF THE LEADERSHIP, THE VICTORIA ISD HAS GROWN TO INCLUDE OVER 13,000 STUDENTS AND OVER 2500 EMPLOYEES SUPPORTING ONE EARLY CHILDHOOD CENTER, 14 ELEMENTARY SCHOOLS, FOUR MIDDLE SCHOOL, TWO HIGH SCHOOLS AND TWO ALTERNATIVE SCHOOLS AND THE VICTORIA ISD IS THE LARGEST AND MOST PROMINENT SCHOOL DISTRICT AND REGION THREE. ISD HAS EVOLVED INTO EDUCATIONAL EDGES TUITION THAT FOSTERS AN ENVIRONMENT STUDENT CAN AND FIRE THEIR GENIUS AND WHEREAS THE SCHOOL BOARD TRUSTEES ARE MIKE MERCER, MANDY LINGLE, MARGARET PRUITT, KATHY BELL, BRIDGET MARSHALL, BJ NELSON, AND RICK JONES AND THE VICTORIA ISD IS COMMITTED TO PROVIDING HIGH-QUALITY EDUCATION THAT CATERS TO THE UNIQUE NEEDS AND ASPIRATIONS OF EACH STUDENTS WITH A PERSONALIZED EDUCATION THAT ALIGNS WITH YOUR CHILD INTEREST, GOALS, AND POTENTIAL. MAYOR OF THE CITY OF VICTORIA DO PROCLAIM FEBRUARY 6, 2024 AS VICTORIA ISD CELEBRATING 125 YEARS THEY IN THE CITY OF VICTORIA AND URGE ALL CITIZENS TO JOIN ME IN CONGRATULATING VICTORIA INDEPENDENT SCHOOL SYSTEM ON THE HISTORIC MILESTONE.

>> AS A QUICK WORD OF THANK YOU. NONE OF THIS WOULD BE POSSIBLE WITHOUT THE SUPPORT OF A CITY AND MUNICIPAL GOVERNMENT. WE WANT TO GIVE OUR BEST WISHES AND THANKS TO

[1. ANNOUNCEMENTS/REMINDERS]

EACH AND EVERYONE OF YOU. THANK YOU AGAIN VERY MUCH.

>> NOW WE WILL GO INTO ANNOUNCEMENTS AND REMINDERS .

MR. GARZA, GOOD EVENING. >> GOOD EVENING MAYOR AND COUNCIL MEMBERS. WE HAVE SEVERAL REMINDERS FOR YOU THIS EVENING ON BEHALF OF THE CITY SECRETARY'S OFFICE. WE WANT TO REMIND THE PUBLIC THAT CITY SECRETARY'S OFFICE WILL ACCEPT AND CONTINUE ACCEPTING APPLICATIONS FOR A PLACE ON THE BALLOT FOR THE MAY 4TH, 2024 ELECTION UNTIL FRIDAY, FOR EVERY 16TH AT 5:00 AND PAY THE MAY 4TH ELECTION WILL ELECT COUNCIL REPRESENTATIVES FOR DISTRICTS 124. APPLICATION PACKETS ARE AVAILABLE FROM THE CITY SECRETARY'S OFFICE AND CITY'S WEBSITE AT VICTORIA TX.GOV/ELECTIONS. ON BEHALF OF THE PARKS DEPARTMENT WE INVITE YOU TO THE RIBBON CUTTING OF THE NEWLY REREOPENED DUCK POND AND RIVERSIDE PARK ON SATURDAY FAIRBURY 17TH AT 10:00 A.M. IMMEDIATELY FOLLOWING THE RIBBON CUTTING CEREMONY THE PARKS AND RECREATION DEPARTMENT AS WELL AS ENVIRONMENTAL SERVICES DEPARTMENT ARE COHOSTING A KIDS FISHING CAMP. FOR YOUTH AGES 16 AND UNDER WHERE THEY CAN COME AND LEARN HOW TO OR PRACTICE FISHING PIER LIMITED SPACES AVAILABLE. FOR MORE INFORMATION OR TO REGISTER, VISIT VICTORIA TX.GOV /KIDS FISH. ON BEHALF OF ENVIRONMENTAL SERVICES AND KEEPING VICTORIA BEAUTIFUL WE WANT TO REMIND THE PUBLIC TO CONTINUE SEEKING VOLUNTEERS FOR CLEANUP IN THE NORTH PART OF THE SILVER STATE NEIGHBORHOOD THAT WILL TAKE PLACE ON FEBRUARY, FEBRUARY 24TH. GROUPS WHO WOULD LIKE TO VOLUNTEER ARE ENCOURAGED TO REGISTER IN ADVANCE. FOR RESIDENTS THAT ARE NEAR THE INTERSECTION OF CALAIS AND OTIS STREETS WHO NEED ASSISTANCE MOVING HEAVY ITEMS WE ARE OFFERING ASSISTANCE LEADING UP TO THE FAIRBURY 24TH CLEANUP AND THEY CAN CALL 361-485-3230 . ON BEHALF OF THE MISCIBLE COURT, THROUGHOUT THE MONTH OF FEBRUARY, THE MISSILE COURT WILL BE HOSTING ADDITIONAL COURT DOCKETS . THESE ARE PART OF LAWRENCE RESOLUTION MONTH,

[00:05:07]

YEARLY EFFORT TO ALLOW THOSE WITHOUT ANY WARRANTS TO SPEAK WITH THE MISCIBLE COURT JUDGE OR PROSECUTOR TO DISCUSS RESOLUTION OPTIONS FOR COMMUNITY SERVICE OR REDUCED FINES MAY BE AVAILABLE. PLEASE VISIT C OF E COURT .COM.

THAT'S A NEW ONE. IT WILL TAKE YOU TO A DIRECT LINK WHERE YOU CAN SEARCH FOR ACTIVE WARRANTS OR PASTY CITATIONS FOR MORE INFORMATION PLEASE CONTACT MUNICIPAL COURT 485-3050. AND LASTLY , ON BEHALF OF THE MAIN STREET PROGRAM, WE WANT TO REMIND THE PUBLIC THAT MAIN STREET WILL BE HOSTING A MARDI GRAS SHOPPING EVENT ON SATURDAY FEBRUARY 20 17TH MALO TALKING TO 5:00 P.M. HISTORIC DOWNTOWN VICTORIA SO FOLKS CAN COME DOWNTOWN RIGHT AFTER THE RIBBON CUTTING OF THE DUCK POND.

ATTENDEES WILL BE TREATED TO FREE RIDE DOWNTOWN TO 15 PARTICIPANTS SHOVES COURTESY OF EXPLORE VICTORIA . IF PARTICIPANTS FILL THEIR SHOPPING PUNCH CARD THEY WILL RECEIVE A SURPRISE FROM GREEN CROP CREAMERY. I'M DOWN FOR THAT. HOPEFULLY THE PUBLIC CAN COME OUT. ADDITIONALLY, VICTORIA MAIN STREET PROGRAM LOOKING TO FILL THREE POSITIONS ON THE BOARD OF DIRECTORS. DIRECTOR TERMS ARE FOR THREE YEARS UNLESS FILLING AND COMPLETE TERMS. TO BE ELIGIBLE APPLICANTS MUST BE A MAIN STREET PROGRAM STAKEHOLDER.

BUSINESS OWNER, PROPERTY OWNER OR RESIDENT. APPLICATIONS CAN BE FOUND VICTORIA MAINSTREET.ORG. THE APPLICATION PERIOD WILL REMAIN OPEN UNTIL ALL SEATS ARE FILLED. THAT'S WHAT I HAVE FOR REMINDERS. IF IT'S OKAY WITH YOU I WILL

[b. February 2024 Keep Victoria Beautiful Business Beautification Award. Christy Youker, Assistant Director of Environmental Services]

TRANSITION TO SOME RECOGNITIONS.

>> CAN WE DO THE KEEP VICTORIA BEAUTIFUL FIRST.

>> ABSOLUTELY. >> HELLO MAYOR AND COUNCIL. I AM HERE TODAY TO HONOR OUR BEAUTIFICATION AWARD WINNER. I WOULD LIKE TO REITERATE MR. GARZA SAID ABOUT THE CLEANUP AND SILVER CITY. MANY OF YOU HAVE COME TO OUR NEIGHBORHOOD CLEANUPS. THESE ARE WHERE WE HELP RESIDENTS MOVE LARGE ITEMS TO THE STREET FOR PICKUP BY SOLID WASTE AND IT'S A GREAT TIME WE HAVE HOTDOGS. WE START WITH DONUTS AND AND WITH HOTDOGS. CANNOT GO WRONG. HCV WILL BE SPONSORING OUR FOOD THIS TIME. WE ARE VERY THANKFUL FOR THAT AND WILL BE SPONSORING THE REFRESHMENTS WILL INVITE THE PUBLIC TO COME OUT AND HELP. NOW I WOULD LIKE TO BRING UP MEREDITH BYRD BACK THERE. OUR CHAIRPERSON FOR KEEP VICTORIA BEAUTIFUL TO

ANNOUNCE OUR WINNER. >> GOOD EVENING EVERYBODY.

I'M HERE TO ANNOUNCE I'LL OUR FEBRUARY WINNER OF THE BEAUTIFICATION AWARD. THIS MONTH'S WINNER IS CENTRAL DRUG ON LAURENT. AS YOU GUYS CAN SEE AND PROBABLY NOTICED IF YOU'RE DRIVING DOWN, WHAT A FANTASTIC JOB THIS NEWER LOCATION HAS DONE . THEY HAVE REALLY BEAUTIFIED THAT BLACK RATE THERE IN BETWEEN CRESTWOOD AND AIRLINE. THEY HAPPEN TO SEIZE UPON AN OPPORTUNITY WHEN THE LEASE WAS UP IN 2018 TO PURCHASE THIS PROPERTY AND THE COLOR SCHEME, THE PLANTERS, THE WHOLE PROPERTY FROM TOP TO BOTTOM REALLY LOOKS FANTASTIC. THIS BUSINESS HAS RECEIVED MULTIPLE NOMINATIONS IN THE LAST COUPLE OF YEARS SO THIS HAS BEEN A LONG TIME COMING AND THEY TRULY DO DESERVE IT. I WOULD LIKE TO PRESENT THIS AWARD TO STEVE BRANCH OF

CENTRAL DRUG. >> THANK YOU ALL VERY MUCH.

REAL QUICK , WE LOST OUR LEASE AND WE HAD TWO GOALS WE WANTED TO KEEP CENTRAL DRUG ON LORENTZ WHERE IT HAS ALWAYS BEEN.

IT'S WHERE ORIGINALLY WAS SEVEN YEARS AGO. WE WANT TO STAY THERE. WE HAD ANOTHER GOAL, IS LEAD IT BETTER THAN YOU FOUND IT. THOSE ARE THE TWO THINGS THAT WE WENT INTO WHEN WE STARTED AND BOUGHT THIS PROPERTY. ANYWAY, HERE WE ARE.

WE THANK YOU ALL VERY MUCH. >> THANK YOU.

>> WE REALLY APPRECIATE THE EFFORT TO KEEP THE CITY

LOOKING GREAT. >> SOME RECOGNITIONS . THESE

[Additional Item]

EMPLOYEES CANNOT BE WITH US THIS EVENING BUT YOU MIGHT HAVE SEEN US POST ABOUT ON SOCIAL MEDIA. JOSHUA BLACKMAN, MARK, TIMOTHY LEARY AND THOMAS TURNER RECENTLY EARNED THE

[00:10:05]

CLASS D LICENSES ON ENVIRONMENT AND QUALITY. THE CLASSY LICENSE IS AN OCCUPATIONAL LICENSE CERTIFYING THAT INDIVIDUAL HAS AN VERY TRAINING AND EXPERIENCE TO PERFORM PROCESS CONTROL DUTIES IN THE PRODUCTION OR DISTRIBUTION OF DRINKING WATER. WE ARE OBVIOUSLY VERY PROUD FOR EMPLOYEES TO CONTINUE TO INVEST IN THE PROFESSIONAL DEVELOPMENT AND THE OPERATIONS OR WE HAVE THE MOST TURNOVER.

IT'S GREAT TO SEE THAT WE HAVE SOME EMPLOYEES THAT HAVE STUCK IT OUT WITH US WE WANT TO THANK THEM FOR THEIR LOYALTY.

EVEN THOUGH THEY ARE NOT HERE, LET'S GIVE THEM A ROUND OF APPLAUSE FOR THEIR ACHIEVEMENTS. SIMILARLY, HE CANNOT BE HERE THIS EVENING, BUT COREY MULLINS, COMBINATION BUILDING X FACTOR PASSES RESIDENTIAL CERTIFICATION, THIS IS A S.W.A.T. INTERNATIONAL COLD COUNSEL CERTIFICATION. VERY PROUD OF COREY AND ALSO VERY PROUD OF HIS DEDICATION AND LOYALTY. I ALSO THINK HE DESERVES A ROUND OF APPLAUSE EVEN THOUGH HE'S NOT HERE. ONE PERSON WHO IS HERE IS OUR NEW FIRE CHIEF. AS YOU KNOW ON FEBRUARY 1ST OF THIS MONTH, OUR NEW FIRE CHIEF BEGAN HIS TENURE AS A FIRE CHIEF AND WE DID HAVE A CHANCE TO SWEAR HIM AND OFFICIALLY YESTERDAY MORNING JOINED BY SOME OF HIS FAMILY, FRIENDS AND COLLEAGUES THAT CAME IN FROM DALLAS. VERY BRIEFLY. ANOTHER BUT IS AWARE OF THIS BUT HE COMES AND HE SERVED FOR NEARLY 30 YEARS SERVING 16 YEARS IN THE FIELD AND 14 YEARS AS PART OF THE LEADERSHIP TEAM IN DIVERSE ADMINISTRATIVE ROLES.

HE COMPASSED QUITE A BIT WITH THE DALLAS FIRE DEPARTMENT AND WE ARE EXCITED HE MOVED TO VICTORIA ALONG WITH HIS FAMILY AND WIFE TO JOIN OUR COMMUNITY AND LEAD OUR WONDERFUL FIRE DEPARTMENT . AS HE MENTIONED YESTERDAY, OUR FIRE DEPARTMENT IS ADVANCED, IT'S PROGRESSIVE, THE HEAD OF ITS TIME . WE ARE VERY BLESSED TO HAVE THEM AS A NEW FIRE CHIEF.

I DO WANT TO PUT HIM BRIEFLY ON THE SPOT. TO COME UP AND SIMPLY

SAY A FEW WORDS. >> GOOD EVENING MAYOR AND COUNCIL. FIRST OF ALL I WOULD LIKE TO THANK YOU ALL FOR THIS OPPORTUNITY TO COME DOWN HERE AND SERVE AS FIRE CHIEF FOR VICTORIA FIRE DEPARTMENT. MOST IMPORTANTLY, TO SERVE THE CITIZENS IN THE COMMUNITY OF VICTORIA. I LOOK FORWARD TO THIS OPPORTUNITY AND I CANNOT THANK YOU ALL ENOUGH FOR THIS.

THANK YOU. >> WELCOME. GLAD YOU ARE HERE.

[3. ITEMS FROM COUNCIL]

>> WILL GOING FROM ITEMS FROM COUNSEL.

>> GOOD AFTERNOON. I WANT TO SAY THANK YOU FOR EVERYBODY WHO CAME TO SUPPORT ALL OF THE MAYORAL CANDIDATES AND ALSO THE PEOPLE FROM THE COUNTY THAT CAME TO TRY TO VOTE. THERE WAS A LOT FROM WHAT I UNDERSTAND. I APPRECIATE IT AND I'M SURE EVERYBODY ELSE DOES. I WANT TO SAY THANK YOU FOR TAKING THE TIME AND INTEREST TO HELP MAKE THE CITY A BETTER CITY. THANK

YOU. >> I WILL PIGGYBACK ON THAT.

SOME OF IT HAS TO DO WITH KEEP VICTORIA BEAUTIFUL AS WELL. BUT FIRST, CONGRATULATIONS TO BOTH OF YOU AND ALL OF THE OTHER FOUR CANDIDATES FOR PUTTING YOUR HAT OUT THERE AND THINKING ENOUGH OF OUR CITY TO DO THIS. YOU GUYS RAN EXCELLENT CAMPAIGNS. THEY WERE CLEAN AND POSITIVE. CONGRATULATIONS. TWO, I HAVE NEVER SEEN SIGNS BE REMOVED AS QUICK. I THINK THAT SAYS A LOT ABOUT KEEPING VICTORIA BEAUTIFUL AS WELL.

EVERYBODY THE HAD SIGNS OUT THERE CLEANED THEM UP. I KNOW THERE'S A CERTAIN AMOUNT OF DAYS TO DO THAT, BUT YOU TOOK PRIDE AND I APPRECIATE IT AND WELL DONE.

>> CONGRATULATIONS MR. CROCKER. YOU ARE SUCH A CLASS ACT. YOU ALWAYS HAVE VICTORIA AT YOUR HEART. THANK YOU FOR RUNNING.

I KNOW YOUR HEART IS IN THE RIGHT PLACE. VERY PROUD TO CALL

YOU A FRIEND. THANK YOU. >> THANK YOU.

>> I ALSO HAVE ONE OTHER ITEM. THIS IS FOR A FUTURE AGENDA I WILL NOT BE SETTING. WE NEED TO BE THINKING ABOUT IT AND PROVIDE SOME DIRECTION TO CITY STAFF AS YOU PREPARE THAT AGENDA. PER THE CITY CHARTER, SINCE MR. CROCKER WILL BE MOVING OVER A CHAIR SEAT, DISTRICT SEAT , DISTRICT COUNCIL SEAT THREE WILL BE VACATED. SINCE THERE ARE LESS THAN 180 DAYS, THE CHARTER -- AND CORRECT ME WHEN I GO WRONG

[00:15:01]

, BUT THE CHARTER ALLOWS US TO APPOINT AND CALL A SPECIAL ELECTION OR LEAVE VACANT. THERE IS A PENDING ELECTION ON ME FOURTH . MAY 4TH. SPECIAL ELECTION WOULD COST THE CITY SOME MONEY. THE DECISION THAT YOU WILL HAVE TO MAKE AND GO FORWARD WITH IS DO YOU VACATE AND CALL A SPECIAL ELECTION?

OR APPOINT SOMEBODY ? >> I WOULD THINK WE COULD VACATE. IT'S ONLY A COUPLE MORE SESSIONS.

>> I WOULD AGREE. >> I THINK WE HAVE ENOUGH FOR A CORPSMAN WE CAN MAKE DECISIONS AND WE WILL MISS YOU.

>> WE STILL HAVE TWO MORE MEETINGS .

>> I APPRECIATE YOUR SERVICE AS A COUNCILMAN, AS A MAN.

WE'VE BEEN BLESSED TO HAVE YOU AS THE MAYOR AND THANK YOU FOR CARING SO MUCH ABOUT VICTORIA.

>> THANK YOU COUNCILMAN. IT MEANS A LOT. I WILL SAVE MY

TEARS FOR THE 20TH. >> BRIEFLY ON THAT NOTE, TO PIGGYBACK OFF WHAT THE MARRIAGES SAID, WE PLAN TO HAVE A MEETING ON TUESDAY FEBRUARY 13TH AT 4:00 P.M. TO CANVAS THE RESULTS. AND THEN AT THE NEXT REGULAR COUNCIL MEETING ON FAIRBURY 20TH, WILL BE THE OFFICIAL SWEARING-IN OF MAYOR

ELECT CROCKER. >> WERE YOU KIND OF LOOKING FOR

DIRECTION HERE AS WELL? >> JUST SOME HAD NOT. I DON'T IS APPROPRIATE FOR A FULL DISCUSSION.

>> I HAVE A VERY MUNDANE BUSINESS MOVING FORWARD FOR ITEM FROM COUNSEL. WE RECENTLY HAD SOME VERY SIGNIFICANT RAIN. THE AREA IN FRONT OF UNIVERSITY HOUSTON VICTORIA TYPICALLY FLOODS AND I'VE ASKED MR. GILL , AND I DON'T KNOW IF HE WILL MAKE A REPORT BY ASKED IF HE HAD INSPECTED THE AREA AND HE HAD TO SOME EXTENT AND I DID ALSO. FIRST OF ALL, I WANTED TO SAY, ALTHOUGH I DO NOT KNOW EVERYWHERE FLOODED, I DON'T THINK IT FLOODED WITH SIGNIFICANT RAINS AND I WANT TO SAY THANK YOU AND HATS OFF TO UNIVERSITY OF HOUSTON VICTORIA FOR FACILITATING THE CONSTRUCTION. ANOTHER CITY IS THE ONE THAT IS THE CONTRACTOR OR USING THE CONTRACTOR. THEY HAD A LOT OF INVOLVEMENT AND DESIGN IN THE CONSTRUCTION AND FUNDING . I FELT LIKE COUNSEL SHOULD BECOME AWARE THAT I THINK THROUGH THAT REBUILDING, I CANNOT SAY WE FIXED THE PROBLEM BUT I THINK WE HAVE MADE SIGNIFICANT INROADS. AM I STILL CORRECT, YOU TOLD ME TO WAIT UNTIL THE WEEKEND BECAUSE THERE WAS MORE WATER COMING.

>> ROOM NUMBER WHEN U OF H DESIGNED A PROJECT AND ADDED EXTRA FOR STORM WATER. WHAT WE THINK IS A BIGGER BENEFIT IS THE COVER BY REDUCING THE ROADWAY AND PUTTING ON LANDSCAPING, THAT MAKES A WORLD OF DIFFERENCE. THANK YOU FOR NOTICING THAT. IT IS NOT SOLVED ALL THE WAY BUT IT'S

DEFINITELY AN IMPROVEMENT. >> THAT'S IMPORTANT.

>> THAT FRIDAY NIGHT RAIN WOULD HAVE BEEN IN THE APARTMENTS THAT USED TO BE THERE.

>> THAT WAS A STICKING POINT FOR NOT MAKING IT WORSE FOR THE FACT THAT IT MADE IT BETTER IS GREAT. SO, THANK YOU.

[4. CITIZEN COMMUNICATION]

>> THAT'S ALL OF THE ITEM COUNCILS FROM TONIGHT. THAT'S PRETTY GOOD. CITIZEN COMMUNICATION. WE HAVE STEPHENVILLE MINA AND WE HAVE A THREE-MINUTE TIME LIMIT.

>> GOOD EVENING EVERYBODY. I'M HERE TO APPEAR FOR AN EARLY DECISION THAT WAS MADE ABOUT 2409 PORT STREET. IT WAS ORDERED TO BE DEMOED. IT'S A HOUSE, IT USED TO BE A BAR. I AM THE NEW OWNER. I'M TRYING TO FIX IT AND TURNING TO RESIDENTIAL. . MADE IN ORDER TO DEMO THE HOUSE. I JUST TOOK OVER THE BUILDING, I WOULD LIKE THE RIGHT , A CHANCE TO

FIX THE PROPERTY. >> IS REFERRING TO ITEM E3 ON

[00:20:03]

THE AGENDA THIS EVENING. >> TYPICALLY DURING CITIZENS COMMUNICATION WE DO NOT HAVE A DIALOGUE SPEAKING ON IT. IF YOU DON'T MIND HANGING OUT UNTIL E3 UNTIL WE GET TO IN CASE YOU HAVE ANY QUESTIONS, WE CAN ASK THEM OF YOU. THANK YOU.

PLEASURE TO SEE YOU. >> GOOD EVENING MAYOR COUNCIL, THIS IS MICHAEL, LEVERT 2204 EAST NORTH STREET.

CONGRATULATIONS ATTORNEY CROCKER FOR WINNING THE MAYOR'S RACE AND CONGRATULATIONS FOR MR. LEASE FOR WINNING SECOND PLACE. AND ALL THE OTHER PEOPLE IN IT.

THERE'S A LOT OF TRAFFIC ON EAST RIO GRANDE. THEY ARE TRYING TO GET THE MEXICAN FOOD IN THE MORNING AND THERE'S LIKE 20 OR 25 CARS AT TWO DIFFERENT RESTAURANTS AND THERE IS A CONCERNED CITIZEN THAT TOLD ME ABOUT IT. I DID NOT WANT TO NAME THE NAMES OF THE RESTAURANTS BECAUSE MOST PEOPLE ALREADY KNOW AND I DON'T WANT TO EMBARRASS THEM OR PUBLICLY HUMILIATE THEM. I WISH SOMEONE FROM THE RESTAURANT COULD DIRECT TRAFFIC REPORT CORNS OR STUFF BECAUSE MOST OF THE CARS DO NOT EVEN PUT HAZARD LIGHTS ON AND STUFF.

IT MIGHT BE FOGGY. YOU'RE JUST GOING 35 OR 40 MILES AN HOUR AND OUT OF NOWHERE, THERE IS A CAR . SOMETIMES THEY DON'T EVEN PUT THEIR BRAKE LIGHTS ON AND STUFF. I WOULD LIKE TO THANK CHRIS WEITZ FOR THE STUFF HE DOES IN THE TRAILER PARK. I DON'T KNOW HOW HE FINDS ALL OF THESE VIOLATIONS. HE MUST HAVE EYES BEHIND HIS HEAD. AND ON SILVER CITY --, WILL ROGERS PARK, WHEN I DID A CLEANUP, WHAT HAPPENED WAS A LOT OF TREE BRANCHES GOING TO PEOPLE'S WINDOWS AND IT LOOKS LIKE THE WHOLE NEIGHBORHOOD -- SOME OF THEM ARE PAYING LIKE 1000 A MONTH AND A LANDLORD BY LAW HAS TO TRIM THE BRANCHES BUT HE WON'T. THEY ARE SCARED TO SAY ANYTHING BECAUSE THEY ARE SCARED OF GETTING EVICTED. I WISH SOMEONE CAN TELL THE LANDLORD OR LANDLORD'S ON THE WILL CITY PARK ON THE AREA TO TRIM THOSE BECAUSE HE IS REQUIRED BY LAW TO DO IT. THAT'S THE LANDLORD'S RESPONSIBILITY. THEY MAKE EXORBITANT AMOUNT OF RENTS AND IN RETURN , THEY DON'T GET NO SERVICE. I WAS HOPING SOMEONE COULD TAKE CARE OF IT. THANK YOU AND HAVE A GOOD DAY.

APPRECIATE IT. >> WITH THAT, WE WILL CLOSE THE CITIZENS COMMUNICATION AND GO INTO THE NEXT ITEM.

>> I'M NOT SURE HOW THE SYSTEM WORKS.

>> IN THE FUTURE, TURN IN A GREEN CARD. NO WORRIES. I SAW

YOU COME IN LATE. >> SORRY ABOUT THAT. I WANTED TO COME DOWN. I NORMALLY COME DOWN . BUT I'M NOT. I APPRECIATE WHAT YOU DO, TO BE HONEST WITH YOU. I RAN INTO TWO EMPLOYEES THAT DID ME A GOOD DEED AND I WANT TO TELL YOU ABOUT THEM. THEY'RE NOT FROM ENGINEERING. ENGINEERING IS ALWAYS GOOD. THAT'S THE ONE GROUP THAT ALWAYS COMMUNICATES VERY WELL WITH ME. THIS IS THE ASSISTANT DIRECTOR OF FINANCE.

I MAY HAVE IT WRONG. WESLEY AND HIS COHORT , MICHELLE, THE MANAGER THERE. I HAD A PROBLEM THAT GOES BACK ANYWAYS AND THEY WERE VERY EFFICIENT . IT SHOWS STARTING AT THE TOP AND WORKING DOWNWARDS WELL. THEY DID A GOOD JOB AND I WANT TO GIVE THEM CREDIT FOR IT. AND I APPRECIATE IT. I APPRECIATE WHAT YOU GUYS DO FOR US, TOO. I KNOW YOU DON'T HEAR THAT TOO OFTEN OR NOT OFTEN ENOUGH.

>> WOULD YOU MIND STATING YOUR NAME FOR THE RECORD.

>> CANNON. I'M USED TO A LARGE CLOCK HERE. WHEN I FIRST

[00:25:03]

CAME TO VICTORIA, I COULD WALK RIGHT UP ON THAT FLOOR AND TALK RIGHTS TO THE COUNCIL. IT WAS FUN. WHEN I FIRST CAME HERE, HE COULD WALK RIGHT INTO THE COUNTY COURTHOUSE AND GO RIGHT TO THE BACK RIGHT WHERE THE RECORDS WERE. IT WAS FASCINATING. THEY GOT A LOT OF STUFF THERE. YOU CAN'T DO THAT ANYMORE. TIMES ARE DIFFERENT. HE WAS APPRECIATE YOU COMING UP HERE IN RECOGNIZING THOSE TWO FINE EMPLOYEES. THANK YOU SO MUCH FOR THAT.

>> I YIELD BACK THE BALANCE OF MY TIME.

[1. An ordinance ordering a Joint General Election between the City of Victoria, Victoria County Drainage District #2, Victoria County Drainage District #3, Victoria County Junior College, Victoria County Appraisal District, and Victoria Independent School District on Saturday, May 4, 2024 for City Council District 1, City Council District 2, City Council District 3, and City Council District 4. Emergency Reading. April Hilbrich, City Secretary]

>> APPRECIATE THAT. WITH THAT, WE WILL CLOSE AS COMMUNICATION PEOPLE GOING TO ITEMS OF PUBLIC HEARINGS. WE CAN DO EVERYTHING

IN ORDER. >> AN ORDINANCE ORDERING THE JOINT GENERAL ELECTION BETWEEN THE STATE OF VICTORIA, DISTRICT NUMBER TWO. DRAINAGE DISTRICT NUMBER THREE, VICTORIA COUNTY JUNIOR COLLEGE. APPRAISAL DISTRICT AND VICTORIA INDEPENDENT SCHOOL DISTRICT ON MAY 4TH, 2024 FOR CITY COUNCIL DISTRICT 1, CITY COUNCIL DISTRICT 2. CITY COUNCIL DISTRICT 3 AND CITY COUNCIL DISTRICT 4.

>> THIS ONE SHOULD BE FUN. >>

] >> GOOD EVENING MAYOR AND COUNCIL, THANK YOU FOR READING THOSE. THE ORDINANCE BEFORE YOU TONIGHT DOES ORDER THE JOINT GENERAL ELECTION FOR DISTRICT 124 SCHEDULED FOR MAY 4TH 2024 SEVERAL OTHER ENTITIES WILL BE PARTICIPATING IN THE SELECTION. WHICH HELPS WITH COSTS. ELECTIONS ADMINISTERED HERE WILL DO THE EARLY BIRD CLOCK. WE WILL SERVICE THE PRESIDING JUDGE OF THE EARLY VOTING BOARD. THERE WILL 23 -- THERE WILL BE 26 VOTER PLACES AND THEY CAN VOTE TO ANY LOCATION EVEN WITHOUT AN ACCOUNT YOU CAN VOTE THERE. FILING FOR A PLACE ON THE BALLOT AGAIN ON JULY 17TH AND THE DEADLINE IS FEBRUARY 16TH.

BECAUSE THE ELECTION MUST THE ORDER NO LATER THAN THE 70TH DAY BEFORE THE ELECTION, THIS ITEM IS AN EMERGENCY READING.

WILL OPEN UP ITEM C1 . ANYONE WISHING TO SPEAK ON THIS ITEM PLEASE COME TO THE FRONT MIC. SEEING NO ONE GET UP WE WILL CLOSE A PUBLIC HEARING AND ENTERTAIN ANY MOTIONS.

>> I SO MOVE. >> I SECOND.

>> I JUST HAVE A CORRECTION. >> WE HAVE A MOTION AND SECOND

TO APPROVE ITEM C1. >> WHERE IT SAYS FOREIGN LANGUAGE ], IT SHOULD SAY ]. YOU HAVE DISTRICT ONE, TWO, THREE, FOUR.

>> I COPY AND PASTED THAT FROM THE TRANSLATOR. I CANNOT READ

IT. >> I SHOULD HAVE CAUGHT THAT, TOO. I'M SORRY. NOTHING WE NEED TO FORMALLY AMEND. JUST THE DOCUMENT. ALL RIGHT. ANY FURTHER DISCUSSION? ALL OF

[3. An ordinance increasing solid waste fees for hazardous household waste pickup. First Reading. Darryl Lesak, Director of Environmental Services]

THOSE IN FAVOR SAY AYE. MOTION CARRIES. ITEM C3 .

>> ITEM C3 IS AN ORDINANCE INCREASING SOLID WASTE FEES FOR HAZARDOUS HOUSEHOLD WASTE PICKUP. THIS IS ON FIRST

READING. >> GOOD EVENING MAYOR AND COUNCIL. CONGRATULATIONS TO BOTH. THERE ARE THINGS I HATE BRINGING TO COUNSEL BUT UNFORTUNATELY I HAVE TO FROM TIME TO TIME. THIS IS ONE OF THEM. OVER THE PAST TWO YEARS, AS PART OF THE WASTE MANAGEMENT CONTRACT TO PICK UP THE HOUSEHOLD HAZARDOUS WASTE TO THE TUNE OF 50 TONS A YEAR.

HE KEEPS THE COMPUTERS, TVS, CHEMIC ITEMS OUT

[00:30:01]

OF OUR LANDFILL. LAST YEAR AND THIS YEAR WE HAVE RATE INCREASES FROM WASTE MANAGEMENT AND ABSORB THE ONE LAST YEAR. AND WE TEMPORARILY ABSORB THE ONE THIS YEAR. WHAT I'M ASKING COUNSEL -- THIS WOULD CHANGE THE ORDINANCE IN SECTION 24.141 ON SOLID WASTE. COLLECTION CODE . LET'S GET TO THE MEAT OF IT. CURRENTLY WE CHARGE $.70 A HOME PER MONTH.

THE INCREASE WOULD BE $.10 PER HOME PER MONTH. JUST FOR MY COUNSEL , BUT DID NOT RAISE LAST YEAR. THIS IS THE RAISE THIS YEAR. WE ARE ONLY DOING ONE INCREASE HERE. THE INCREASE IS $.10 RATE IT WILL BE $0.80 PER HOME PER MONTH FOR HOUSEHOLD HAZARDOUS WASTE PICKUP. ABOUT A DOLLAR 20 A YEAR ADDITIONAL ADDED TO THE ANNUAL BILL. I WILL ANSWER ANY

QUESTIONS. >> THAT'S FOR THE DOLLAR 20 CAME FROM. I JUST FIGURED IT OUT.

>> JUST GIVE US A FEW DETAILS ABOUT THE PROGRAMMING BECAUSE A

LOT OF PEOPLE ARE NOT AWARE >> THAT'S A GREAT QUESTION.

WE PROVIDED THIS SINCE 2012. THAT'S WHEN WE STARTED THIS PROGRAM. WE PUT IT OUT AS MUCH AS POSSIBLE. IT IS A PROGRAM THAT WILL TAKE CARE OF ANY HOUSEHOLD HAZARDOUS WASTE.

CHEMICALS, COMPUTERS, TVS, PAINT, OIL, PAINT BUILDERS, FLUORESCENT LIGHT BULBS, ALL THOSE TYPES OF THINGS THAT WE DO NOT WANT GOING INTO OUR LANDFILL. IT'S AS SIMPLE AS GOING TO OUR WEBSITE, GETTING THE PHONE NUMBER, AND I DON'T KNOW IT BY HEART. CALLING THE 800-NUMBER. DON'T PUT THIS OUT AT THE CURB. THEY WILL TELL YOU WHEN THEY WILL COME PICK IT UP. THEY WILL SEND YOU A PACKAGE IN THE MAIL. THERE'S USUALLY A ONE OR TWO WEEK DELAY. THIS PACKAGE WILL COME AND IT HAS A BIG PLASTIC BAG IN IT. HAS LABELS AND HAS TIE STRAPS IN DIFFERENT THINGS SO THAT IF YOU GOT LIQUIDS, YOU CAN PUT THEM IN THE PLASTIC SO THEY DO NOT SPILL. ON THE DAY THEY TELL YOU THEY WILL BE THERE, YOU SET IT OUT BY YOUR FRONT DOOR. NOT OUT BY THE STREET SO THERE'S NO CONFUSION AND THEY, BY YOUR FRONT DOOR AND PICK IT UP AND LOADED IN THE TRUCK. AND THEY TAKE IT OFF. YOU WILL RECEIVE IN THE MAIL A COMMENT CARD TO RANK THE SERVICE. AND I SAY THIS EVERY YEAR BECAUSE I HAVE ONLY HAD ONE THAT WAS RATED NOT GOOD OR EXCELLENT AND THE ONLY COMPLAINT WAS THEY HAD A BUNCH OF TVS AND THEY WOULD ONLY TAKE TWO OR ONE AT A TIME. IF YOU'VE GOT MULTIPLE TVS, THEY PROBABLY WOULD ONLY TAKE ONE OR TWO AT A TIME. YOU CAN USE THIS SERVICE AS MANY TIMES AS YOU

WANT DURING THE YEAR. >> THEY TAKE BATTERIES ALSO.

>> THEY DO. I ENCOURAGE PEOPLE TO TAKE THE BATTERIES TO INTERSTATE. YOU DON'T HAVE TO WAIT, YOU CAN TAKE THAT RIGHT AWAY. EVEN PAY FOR SOME BATTERIES LIKE AUTOMOTIVE BATTERIES AND THINGS LIKE THAT. YOU CAN GET MONEY FOR THAT. I WILL ANSWER ANY OTHER QUESTIONS.

>> NO OTHER QUESTIONS AT THIS TIME I WILL OPEN UP THE PUBLIC HEARING. ANYWAY WHO WISHES TO SPEAK ON THIS ITEM PLEASE COME FORWARD SEEING NO ONE COME UP, WE WILL CLOSE PUBLIC HEARING

AND ENTERTAIN ANY MOTIONS. >> SO MOVED. SECOND.

>> MOTION AND SECOND TO APPROVE IT. ANY FURTHER DISCUSSION? ALL

[2. An ordinance authorizing the issuance, sale and delivery of Certificates of Obligation, Series 2024 in a maximum principal amount not to exceed $59,000,000; approving and authorizing all other instruments and procedures related thereto; and providing for an immediate effective date. Emergency Reading. Wesley Janecek, Assistant Finance Director]

THOSE IN FAVOR SAY AYE. THOSE OPPOSED, MOTION CARRIES. WE

WILL GO TO ITEM C2. >> ORDINANCE AUTHORIZING THE ISSUANCE AND SALE DELIVERY OF CERTIFICATES OF OBLIGATIONS THERE IS 2024 AND MAXIMUM PRINCIPAL AMOUNT NOT TO EXCEED 59 MILLION APPROVING AND AUTHORIZING ALL OTHER INSTRUMENTS AND PROCEDURES RELATED HERE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. THIS IS ALSO AN EMERGENCY

READING. >> DO YOU NEED TO STRETCH OR WARM UP YOUR VOICE? ALWAYS A PLEASURE TO SEE YOU.

[00:35:01]

>> DUSTY TRAILER, MANAGING DIRECTOR . THE PRESENTATION IS A REPORT ON THE SALE OF THE CITIES CERTIFICATES OF OBLIGATIONS, SERIES 2024 WE WERE IN THE MARKET TODAY TO SELL THOSE CERTIFICATES OF OBLIGATIONS. I JUST WANTED TO GO THROUGH THAT WILL QUICKLY WITH YOU GUYS. IS THERE A CLICKER TO PROCEED TO THE NEXT PAGE?

>> THERE IS AN UPDATED SLIDE WE WILL TRY TO POP UP ON THE

PROJECTOR MANUALLY. >> WILL QUICKLY BEFORE WE GET INTO THE NUMBERS ON THE FINANCING TEAM . RBC CAPITAL MARKETS ADVISOR, MCCALL PERSON HORTON IS HERE THIS EVENING. AND CAN ANSWER ANY OF THE LEGAL QUESTIONS. OUR UNDERWRITERS FOR THE TRANSACTION THAT WERE LED BY FROST BANK IS A SENIOR IN TWO COMANAGERS FINANCIAL SECURITIES AND CAPITAL MARKETS AND THE COUNSEL AND THE PAIN AGENT IS WILMINGTON TRUST WITH THE FOLKS SITTING TO THE CITY THE DEBT SERVICE PAYMENTS. THAT DATE WAS TODAY AND WE WILL MOVE UP THE DELIVERY DATE TO ACTUALLY FAIRBURY 27TH OF THIS MONTH.

PROBABLY ABOUT 10 DAYS OR SO SHORTER THAN WHAT WE ORIGINALLY PARTICIPATED. THAT MEANS IS THAT HE WILL BE GETTING ITS MONEY INTO THE BANK ACCOUNT . AUGUST 15, 2024 BY THE BOND RATING IS AA. WE WILL TALK ABOUT THAT LITTLE BIT LATER IN THE PRESENTATION. WE HAD A TIME IN THE MARKET OVER THE PAST 8 TO 12 WEEKS. OUR TIC IS A THREE POINT 688 PERCENT .

THE FEDERAL DAY ON THE BONDS 3.286. HE ASKED ME THIS QUESTION TODAY. DOES THIS SURPRISE ME? DOES NOT SURPRISING BASED ON THE MARKET CONDITIONS OF THE PAST COUPLE WEEKS BUT IT CERTAINLY SURPRISES ME BASED UPON THE MARKET CONDITIONS OF THIS TIME LAST YEAR AND WHERE THE MARKET WAS HEADING OR EVEN AS RECENTLY AS THE MIDDLE OF OCTOBER OR NOVEMBER. A RESULT LIKE THIS REALLY SURPRISES ME.

TO BE ABLE TO DELIVER 20 YEAR FIXED RATE SEALS FOR THE CITY OF VICTORIA RIGHT NOW AT LESS THAN A 4% INTEREST RATE AND 3 3/4 . A REALLY GREAT RESULT AND I WILL SHOW YOU GUYS HOW THAT IMPACTS THE LONG-TERM DEBT SERVICE HERE IN A MINUTE.

BEFORE I GO INTO THAT, WE TALKED ABOUT THE FINANCING TEAM INVOLVED IN THE TRANSACTION. THERE IS A GROUP THAT IS MISSING FROM THAT. THE GROUP MISSING FROM THE FINANCING TEAM IS THE CITY OF VICTORIA. YOUR ADMINISTERED OF STAFF LED BY JESUS AND HIS TEAM. GILBERT, WESLEY, EVERYBODY INVOLVED COMES FULL CIRCLE BACK TO THE COUNCIL. JUST A JOB YOU GUYS DOING FERMENTING POLICIES FOR THE CITY OF VICTORIA AND THE VISION FOR THE CITY OF VICTORIA. WHEN YOU PASS THIS NOTICE OF INTENT TO MOVE FORWARD, WE GOT STARTED IMMEDIATELY WITH THE ISSUANCE PROCESS. YOUR INTERNAL TEAM GOT STARTED WITH THE ISSUANCE PROCESS AND THAT REALLY CULMINATED A STANDARD VISIT TO GO FORWARD WITH S&P IN PERSON ABOUT THE CITY'S BOND RATING. IF YOU ALL WOULD HAVE BEEN PRESENT IN THAT ROOM I DON'T THINK ANY OF YOU COULD HAVE POSSIBLY BEEN MORE PROUD OF THE JOB THAT YOUR TEAM DID IN REPRESENTING YOU IN THOSE MEETINGS AND SELLING THE REAL QUALITY OF THE CITY OF VICTORIA. THAT RESULTED IN AFFIRMATION OF THE OUTSTANDING BOND RATING AT THE AA AND WE ARE ALL PUSHING TO GET THAT UP INTO THE AA PLUS. THE AA READING IS NOTHING TO SNEEZE ABOUT. YOUR TEAM DOES A FANTASTIC JOB. I PUT THEM UP AGAINST ANYBODY ACROSS THE STATE AND THE STUFF THAT THEY DO ARE VISITING THE CITY. I

JUST WANTED TO SAY THAT. >> THANK YOU.

>> YOU BET. >> PRINCIPAL AMOUNTS IS ACTUALLY NOT 59 MILLION. THE DIFFERENCE BEING MADE UP BY A PREMIUM PAID BY THE INVESTORS ON THE CO'S. BUT WE WILL BE DEPOSITING TO THE CITY'S PROJECT FUND THE FULL $59 MILLION FOR THE PROJECTS. AND THIS SLIDE REALLY -- WE HAVE

[00:40:04]

ANOTHER SLIDE TO PULL UP HERE ACTUALLY.

>> YOU GUYS HAVE THE HARD COPY? IN THE HARDCOPY YOU'VE GOT IN FRONT OF YOU , THAT GILBERT PASSED OUT, WHAT WE SHOW IS OUR ANNUAL DEBT SERVICE AS COMPARED TO WHAT WAS ORIGINALLY BUDGETED AND ESTIMATED FOR THE ANNUAL DEBT SERVICE. THE PUNCHLINE IS HAD WE EXPERIENCED THE INTEREST RATES THAT WE WERE EXPERIENCING THIS TIME LAST YEAR, OUR ANNUAL DEBT SERVICE COST ON THE CO WOULD HAVE BEEN ABOUT $520,000 PER YEAR MORE EXPENSIVE. THANKS TO REDUCTION ON INTEREST RATES WE HAVE EXPERIENCED OVER THIS TIME, THE INTEREST COST FOR THE CITY OF VICTORIA IS REDUCED BY APPROXIMATELY $10.2 MILLION OVER WHAT WAS ORIGINALLY BUDGETED WHICH I THINK IS FANTASTIC. ANOTHER THING I THINK YOU GUYS ARE AWARE OF AND ANOTHER THING TO POINT OUT HERE IS THE FIRST 10 YEARS OF THIS TRANSACTION, THE CITY WILL BE SUBSIDIZING THE DEBT SERVICE PAYMENTS BY APPROXIMATELY $1 MILLION WITH OTHER FUNDS TO HELP REDUCE THE TAX RATE IMPACT

AND THERE SHOULD BE NONE. >> MAKE SURE COUNSEL IS AWARE, WE DID SOME HEAVY DUTY PLANNING A YEAR AGO TO COME UP WITH THOSE RATES. BACK THEN YOU'RE LOOKING AT 4.544 AND THREE-QUARTER INTEREST RATE. THAT EXPLAINS DELTA. I WANT TO MAKE SURE EVERYBODY SEES THAT. WE COULD FIGURE OUT WHAT THAT RATE WOULD BE. AROUND 3.67. THAT'S CRAZY. BUT ANYWAY, JUST WANTED TO LET YOU KNOW WE WERE OVER 4% EASY IN THE

MARKET AT THAT TIME. >> THAT'S LIKELY WHERE WE WOULD HAVE BEEN. THIS PAGE WE TALK ABOUT THE OUTSTANDING BOND RATINGS OF THE CITY OF VICTORIA FOR THE GEO RATINGS ARE AA AND THE UTILITY SYSTEM RATING IS AA. OBVIOUSLY THIS IS A GEO TYPE CREDIT. THAT'S WHAT WE DID WITH THIS PARTICULAR RATING. A NUMBER OF THINGS. POSITIVE HISTORY OF SURPLUSES AND STRONG RESERVES HERE IN THE CITY . ROBUST FINANCIAL POLICIES. GOOD FINANCIAL POLICIES AND PRACTICES.

ADEQUATE DEPTH PROFILE AND HERE ARE THE FINAL BULLET POINTS. S&P INDICATES THAT THEY COULD IN THE FUTURE RAISE THE RATING IF THE CITY'S WEALTH AND INCOME LEVELS IMPROVE MATERIALLY TO LEVELS FOR THOSE OF HIGHER-RATED PEERS. AT A LOT OF WORDS. BUT I TELL YOU WHAT I BELIEVE. ALL OF THOSE BULLET POINTS IN FIRST FOUR BULLET POINTS ARE THE PARTS OF THE RATING THAT THE CITY HAS DIRECT CONTROL OVER . S&P IS TELLING YOU THOSE ARE VERY VERY GOOD. THEY WERE PROBABLY ON THEIR OWN BE ABLE TO PUT YOU IN THE UPPER CATEGORY. HOWEVER, AN ITEM THAT YOU GUYS SIMPLY DO NOT HAVE DIRECT CONTROL IS JUST WEALTH INCOME LEVELS LOCALLY AS RATED TO NATIONAL AA PLUS PEERS. WE GET THOSE LEVELS UP AND I KNOW THAT WE WOULD SAY THAT'S NOT A METRIC THAT YOU CAN DIRECTLY INFLUENCE. I KNOW HIS IS GAZA IS DIRECTLY TRYING TO INFLUENCE THAT AND THIS COUNSEL IS TRYING TO INFLUENCE BRINGING ADDITIONAL JOBS HERE THAT ARE HIGHER PAY. WE CONTINUE TO SEE THAT, WE WILL SEE THOSE LEVELS COME UP AND WE WILL GET A HIGH RATING.

GIVING YOU GUYS A BREAKDOWN OF THE OTHER BOND RATINGS ACROSS THE STATE. THTHIS 22% OF THE MUNICIPALITIES IN TEXAS AROUND AA. ONLY ABOUT 24% OF THE RATINGS IN THE STATES ARE HIGHER THAN THAT AA. THE OTHER RATINGS IN THE STATE ARE EITHER EQUAL TO OR LOWER THAN WHERE YOU ARE. THE AA RATING IS VERY GOOD. THAT REALLY CONCLUDES MY PRESENTATION. I WOULD BE MORE THAN HAPPY TO ANSWER ANY QUESTIONS THAT YOU GUYS HAVE.

OR ANY QUESTIONS FOR JAY. >> I HAD A QUESTION, IN REGARDS

[00:45:01]

TO THE LAST SLIDE YOU HAD, WITH THE OTHER TEXAS CITIES, HOW MANY OF THOSE IN THE AA PLUS OR AAA ARE A CITY OUR SIZE? ARE THEY MOSTLY LARGER CITIES?

>> MOSTLY THE LARGER CITIES ARE AHEAD OF YOU. THERE ARE CITIES YOUR SIZE THAT ARE ALSO IN THE AA PLUS CATEGORY. MAYBE EVEN IN THE AAA CATEGORY. MOST OF THOSE CITIES LIE IN THE SUBURBAN METRO AREAS OF DALLAS, AUSTIN, HOUSTON. WHERE THE WEALTH AND INCOME METRICS ARE ALREADY HIGHER.

>> IT'S NOT A FAIR BENCHMARK.

>> IT'S REALLY NOT. >> WE TRIED .

>> I APPRECIATE YOU ALL GOING UP THERE AND VISITING WITH THEM. WE KNOW WHY WE CANNOT GET UP TO THE AA PLUS. IT'S NOT FROM FINANCIAL MANAGEMENT. SOMETHING OUT OF OUR CONTROL.

THANK YOU. >> THANK YOU ALL.

>> AT THIS TIME WE WILL OPEN UP PUBLIC HEARING AND ITEM C2.

ANYBODY WISHING TO ON THIS ITEM PLEASE COME TO THE MICROPHONE .

SEEING NO ONE COME UP TO THE MICROPHONE, WE WILL CLOSE THE PUBLIC HEARING AND ENTERTAIN ANY MOTIONS.

>> WE ADOPT . >> SECOND.

>> WE HAVE A MOTION IN A SECOND TO PROVIDE THEM C2. ANY FURTHER DISCUSSION? ONE QUESTION. HAVE WE PASSED ANYTHING LIKE THIS FOR PUBLIC SAFETY BIG STEP. OKAY. WITH THAT, ALL THOSE IN FAVOR SAY AYE. THOSE OPPOSED, SAME SIGN. MOTION

CARRIES. THANK YOU. >> GOOD TO SEE EVERYBODY.

[D. CONSENT AGENDA]

>> TRANSFER COMING IN, APPRECIATE IT.

>> WE ARE BACK ON TO THE CONSENT AGENDA NOW.

>> IMT ONE HIS ADOPTION TO GENERATE 16TH MEETING 2024.

APPROVING THE PURCHASE OF BACK ACTUATORS FOR THE SURFACE WATER TREATMENT PLANT . THE BOULEVARD BRIDGE THROUGH THE FEDERAL OPS SYSTEM MESSER BY THE TEXAS DEPARTMENT OF TRANSPORTATION. ITEM D3 -- OR D4 RATHER VARIANCE TO SECTION 21.20 387 FOR PROPERTY LOCATED AT 22 A FIVE TO ALLOW FOR EXPANSION ENCROACHES INTO THE MINIMUM REAR YARD SETBACK TO ENCROACH THE MINIMUM REAR YARD SETBACK. ITEM D5 IS A RESOLUTION APPROVING A THIRD AMENDMENT TO THE MASTER AGREEMENT WITH NEW EDGE SERVICES LLC TO MIGRATE ENVIRONMENTAL SERVICES DATABASE TO THE EXISTING CITY WORK SYSTEM IN THE AMOUNT OF $7280 FOR A TOTAL AMOUNT NOT TO EXCEED $419,680. ITEM D6 IS A RESOLUTION APPROVING INVESTMENT POLICY AND LIST OF QUALIFIED BROKERS.

[1. Amend the contract with SpawGlass Contractors, Inc for services as a Construction Manager at Risk for the Public Safety Headquarters to establish a Guaranteed Maximum Price of up to $47,216,307 and modify the terms of the original agreement. Darrek Ferrell, Assistant City Manager]

>> I WILL MOVE FOR APPROVAL FOR CONSENT AGENDA.

>> SECOND. >> EMOTION AND SECOND TO APPROVE THE CONSENT AGENDA. ALL THOSE IN FAVOR SAY AYE. THOSE OPPOSED SAME SIGN. MOTION CARRIES. HE WAS ANYONE AS A MOTION AMENDING THE CONTRACT INC. FOR SERVICES AS A CONSTRUCTION MANAGER RISK FOR THE PUBLIC SAFETY HEADQUARTERS TO ESTABLISH A GUARANTEED MAXIMUM PRICE FOR UP TO $37,260,307. AND MODIFY THE TERMS OF THE ORIGINAL

AGREEMENT. >> GOOD EVENING MAYOR AND COUNCIL. THIS FEELS LIKE IT HAS BEEN A LONG TIME COMING. I'M VERY HAPPY WE ARE HERE DOING THIS. I'M GLAD WE GET TO DO IT BEFORE YOU LEAVE US, MAYOR. TONIGHT I DO HAVE WITH ME MICHAEL RALEY FROM SPYGLASS AND HICKMAN AS WELL. THEY WILL BE ABLE TO ANSWER QUESTIONS OR FIFILL IN ANY BLANKS THAT I MAY MISS. REAL QUICKLY AS A RECAP, FOR THIS PROJECT, WE ARE PURSUING A CONSTRUCTION MANAGER RISK DELIVERY METHOD. THIS IS IN CONTRAST TO MOST OTHER PROJECTS WE HAVE DONE AS THE DESIGN TABLE. WHAT WE ARE DOING IS WE HAVE HIRED SPYGLASS TO BUILD THE PROJECT AND FROM A POINT IN DESIGN, ASSUME ALL OF THE RISKS OF THAT PROJECT. THIS IS THAT POINT.

I'VE ALSO ADDED TO THE SLIDE ON OUR PROJECT TEAM. YOU'VE ALREADY APPROVED THE COMMISSIONING CONTRACT . PEOPLE WHO WILL TEST THE SYSTEMS AND MAKE SURE THINGS ARE WORKING AND WE KNOW HOW TO WORK THEM AND MAINTAIN THEM. IMMEDIATELY

[00:50:03]

AFTER THIS. I WILL ASK YOU TO APPROVE THE MATERIALS TESTING CONTRACT. NEITHER OF THOSE ARE PART OF THIS GOP DISCUSSION AND I WANTED TO MAKE SURE I HIGHLIGHTED THEM SEPARATELY.

THEY ARE PART OF THE PROJECT BUDGET. BUT THEY ARE NOT PART OF THIS AMOUNT THAT WE WILL BE TALKING ABOUT. CLICK ON A TIMELINE, THIS IS SLIGHTLY DIFFERENT THAN THE ONE IN YOUR PACKET. WE BEGAN OCTOBER 2022 WHEN YOU APPROVE THE CONTRACT FOR TWO POINT $1 MILLION WITH FDMA. TO DESIGN THIS PROJECT.

AS AN ARCHITECTURE FIRM AND THEY INTEND HIM USE ARCHITECTS LOCALLY FOR A LOT OF THE LOCAL STUFF. IN FEBRUARY WE ALSO BROUGHT ON OUR OWNERS REP. MARCH 2023, WE COMPLETED THE SCHEMATIC DESIGN PROCESS AND AT THE END OF THAT PROCESS, WE DID OUR PROCUREMENT FOR A CONSTRUCTION MANAGER. THAT'S WHEN WE HIRED IN JUNE SPYGLASS. THIS PAST JUNE WE ALSO COMPLETED THE DESIGN DEVELOPMENT STAGE AND ENTERED THE CONSTRUCTION DOCUMENTS PHASE. WHAT I SHOWN YOU BEFORE IN THE EARLIER SCHEDULE OF HAVING DOCUMENTS COMPLETE LAST MONTH , IT TURNED OUT THAT WHEN WE GOT TO THE COMPLETE PART, OUR FOLKS AT DEVELOPMENT SERVICES MADE SURE WE ARE DOING IT RIGHT AND THEY SAID CHANGE A FEW THINGS SO THEY ARE NOT COMPLETE YET. WE ARE CORRECTING IF USE THINGS ON OUR SITE PLAN.

TODAY, IDEALLY THAT SHOULD SAVE FOR VERY 24. I SHOULD SAY THAT WE SHOULD APPROVE THE GUARANTEED MAXIMUM PRICE TODAY.

AFTER WE MAKE SOME REVISIONS AND SATISFY THE REQUIREMENTS AND DEVELOP SERVICES, WE SHOULD HAVE CONTRACTION DOCUMENTS COMPLETE. IN MARCH, WE SHOULD SEE ACTUAL DIRT MOVING. WE WILL TO GROUNDBREAKING BEFORE ALL OF THAT HAPPENS. LET'S TALK ABOUT THE GUARANTEED MAXIMUM PRICE. WHAT THE GUARANTEED MAXIMUM PRICE IS, IS THAT'S AN AMOUNT FOR CONSTRUCTION THAT WE WILL NOT EXCEED ABSENT ANY CHANGE ORDERS. IF WE DECIDE WE NEED TO CHANGE SOMETHING OR NEED TO DO SOMETHING DIFFERENT, THAT DIFFERENCE. THAT IS A PART FROM THIS PRICE. IF WE BUILD IT AS IT IS DESIGNED TODAY, WE WILL NOT EXCEED $47,216,307.

THAT THE GUARANTEED MAXIMUM PRICE ON THIS. WHEN I SHOW YOU THE COMPLETE PROJECT COST, REMEMBER I MENTIONED CEREALS TESTING AND COMMISSIONING AND MOVING AND CONTINGENCIES AND ALL THESE OTHER THINGS, THAT'S UP TO THE $4,820,789 THAT BRINGS THE TOTAL PROJECT COSTS FOR THIS PRODUCT TO 52,037,000 ZERO 96. THAT IS THE ALL AND FIGURE THAT WE HAVE. THE ONLY FIGURE THAT SET IN STONE AFTER TWO DAYS OF 47. THAT'S THE MAXIMUM GUARANTEED PRICE MOVING FORWARD. IT SLIGHTLY ABOVE WHAT WE HOPE TO BE. THAT'S THE REASON FOR THE DELAY. WE PLANNED TO DO THIS CONVERSATION IN DECEMBER AND THEN IN JANUARY. AND WHAT HAPPENED IS WE RECEIVED SUBCONTRACTORS.

ONCE THINGS STARTED MOVING THEY WERE NOT ALIGNED WITH WHERE THE ESTIMATES HAD BEEN UP TO THAT POINT. SO THEN WE WORKED THROUGH AND DID SOME VALUE ENGINEERING AND THINGS THAT WERE SIMPLE LIKE CHANGING MATERIALS AND USING MATERIAL X INSTEAD OF MATERIAL Y. AND THEN ALSO THEY NEGOTIATED AN ORDER WITH THE SUBCONTRACTORS TO BRING DOWN PRICES WHERE THEY COULD OR IMPROVE THE OVERALL COST ON IT AS WELL. ALL OF THAT TO SAY, THE CONTRACT YOU WILL BE ASKED TO APPROVE IS TO SET THE GUARANTEED MAXIMUM PRICE OF 47 NINE 216,307. THERE IS ONE OTHER PIECE TO THAT CONTRACT AMENDMENT. ORIGINALLY, THE CONTRACT INCLUDED A CLAUSE WHERE WE WOULD SHARE ANY SAVINGS FROM THAT GMP. IF WE BUILT THE BUILDING FOR LESS THAN THE GUARANTEED MAXIMUM PRICE. BUT THEN WE DON'T PAY THE GUARANTEED MAXIMUM PRICE , RIGHT? WE WOULD ORIGINALLY UNDER THE ORIGINAL CONTRACT WE WOULD SHARE THOSE SAVINGS, WITH SPYGLASS. BECAUSE OF THE DELAYS IN THE PROCESS I MOVED US PASS CRITICAL MILESTONES IN THE DESIGN PIECE WHERE RISK WAS SIGNIFICANTLY REDUCED. WE WORKED WITH SPYGLASS TO REMOVE THAT CLAUSE SO THAT IF THERE IS SAVINGS , BASED ON EVERYTHING

[00:55:04]

WE HAVE SEEN SO FAR, WHEN WE FIRST STARTED PROCURING THINKING ABOUT PROCURING THE MANAGER WE WERE AT A $33 MILLION PROJECT. EVERYTHING WE HAVE SEEN SO FAR, DO NOT ANTICIPATE LEAVING STRAIGHT IF THERE ARE SAVINGS, WITH A C 100% OF THOSE SAVINGS THAT I'M ASKING YOU TONIGHT. IT IS IMPORTANT IN YOUR MINDS AS WELL AS OURS TO KNOW THAT THE WEEK OF THANKSGIVING , I TRAVEL TO SAN ANTONIO AND WE WERE THERE WITH MIKE AND OPEN THE BITS THAT CAME IN FROM ALL OF THE SUBCONTRACTORS. AFTER THEY HAVE GONE THROUGH AND AWARDED AND LOOKED AT RATING AND SCALING THOSE CONTRACTORS, 8 TO 12% OF THE DIRECT CONSTRUCTION COSTS WILL GO TO REGIONAL FIRMS. THAT TYPICALLY FOR US REGIONALS ABOUT A LITTLE LESS THAN AN HOUR DRIVE. THAT IS NOT MEDIATED 12% OF THE FIRMS WILL BE LOCAL BUT EIGHT TO 12% OF THE CONSTRUCTION COST, RUN 41 MILLION , 8 TO 12% OF THAT WILL BE GOING RIGHT TO LOCAL CONTRACTORS. THAT WAS IMPORTANT TO US TO MAKE SURE WE UNDERSTOOD THAT. THERE ARE SOME THINGS THAT COULD CHANGE THAT .

WE DON'T ANTICIPATE THAT CHANGING MUCH. LASTLY ASSUMING THAT YOU WILL APPROVE THE CONTRACT AMENDMENT TONIGHT, WE WILL BE DOING A GROUNDBREAKING CEREMONY AT 9:00 A.M. ON FAIRBURY 21ST AT THE PROPERTY SITE SO YOU CAN EXPECT TO HEAR MORE ON LOGISTICS AND ALL OF THAT FROM US. WE HOPE YOU WILL MAKE TIME TO JOIN US AND CELEBRATE FINALLY SEEING SOME DIRT TURN IN THE CEREMONIAL WAY AND AGAIN IN MARCH WE WILL SEE THE ACTIONABLE WORK AGAIN. WITH THAT SAID , DO YOU HAVE ANYTHING YOU WANT TO ADD? ANYTHING THAT YOU GUYS WANT THEM TO ADD? ANY QUESTIONS FOR ME OR FROM THEM? OKAY, THANK YOU FOR YOUR TIME.

>> IT'S AMAZING TO ME FROM THE CONCEPT, THOUGHT, DREAM, TO

BEING HERE TODAY. >> IT HAS BEEN OUTSTANDING TO

WATCH THE PROCESS. >> I JUST HAVE ONE QUESTION.

IS THIS MORE WORK ? WE APPRECIATE YOU.

>> ABOUT THE SAME DOLLAR FIGURE BUT NOT OUR MONEY.

>> THIS STARTED A LOT LONGER THAN EVEN WHEN JESUS WAS HERE.

WE TALKED ABOUT IT FOREVER. WE HAD THE PROPERTY OVER ON BEN JORDAN WHERE WE THOUGHT WE WERE GOING TO DO IT.

>> IT SEEMED LIKE IT WAS GOING TO BE A LOT OF MONEY. THE NUMBER 7 MILLION IT STUCK IN MY HEAD FOR THAT.

>> THANK YOU FOR ALL THE TIME AND EFFORT YOU PUT INTO IT. I WISH THE TEAM VERY WELL. WATCH OUT FOR THOSE CONTRACTORS

THOUGH. >> HOW LONG IS THE PROJECT

EXPECTED TO TAKE? >> AND MARJORIE WEEKS ACTED TO WRAP UP IN AUGUST OF 2025. ABOUT 18 MONTHS OR SO.

>> FINGERS CROSSED. >> NO HURRICANES, NO RAIN, NO

MAJOR FREEZES. >> THANK YOU SO MUCH. ANYBODY

HAVE A MOTION? >> SO MOVED.

>> A MOTION AND A SECOND TO PROVE ITEM HE WON WHICH IS THE GUARANTEED MAXIMUM PRICE FOR THE NEW PUBLIC SAFETY HEADQUARTERS BUILDING. ANY FURTHER DISCUSSION? CANNOT WAIT TO SEE IT. ALL OF THOSE IN FAVOR SAY AYE. MOTION

[2. Approve an agreement with Terracon Consultants, Inc for materials testing at the Public Safety Headquarters, in an amount not to exceed $110,072. Darrek Ferrell, Assistant City Manager]

CARRIES. E2. >> ITEM E2 IS A RESOLUTION APPROVING THE AGREEMENT WITH TARRAGON CONSULTING INC. AT THE PUBLIC SAFETY HEADQUARTERS AND THE AMOUNT NOT TO EXCEED

$110,072. >> MATERIALS TESTING IS SOMETHING WE DO ON A NUMBER OF OUR PROJECTS. FOR SOME BY STATUTE IT IS REQUIRED. IT'S HIGHLY RECOMMENDED. WITH A

[01:00:07]

PROJECT OF THIS MAGNITUDE WE ARE DOING EVERYTHING WE CAN TO MAKE SURE WE GET IT RIGHT THE FIRST TIME. REPAIRS ARE VERY EXPENSIVE. THROUGH OUR RESOURCEFUL PROJECT IT'S VERY FAMILIAR TO US THROUGH PUBLIC WORKS. TO TEST ALL THE THINGS YOU SEE ON THE LIST AND WE DO HAVE JOSH FROM TARA CON HERE IN CASE YOU HAVE QUESTIONS FOR HIM.

>> IMPORTANT PART OF THE PROJECT IS TESTING. OCEAN.

>> I MOVE WE ADOPT. >> SECOND.

>> MOTION AND A SECOND TO ADOPT. ANY FURTHER DISCUSSION?

[3. An appeal of the Building and Standards Commission's Demolition Order for 2409 Port Street. Julie Fulgham, Director of Development Services]

HEARING NONE, ALL THOSE IN FAVOR SAY AYE. THOSE OPPOSED, SAME SIGN. MOTION CARRIES . ITEM E3.

>> A RESOLUTION HEARING AND APPEAL OF THE BUILDING AND STANDARDS COMMISSION REPORT FOR 2409 PORT STREET.

>> GOOD EVENING. THIS IS AN APPEAL FROM THE DEMOLITION ORDER. THIS PROPERTY WAS A LONGTIME BAR OR NIGHTCLUB THAT'S BEEN VACANT FOR MANY YEARS. THE COMMISSION RECENTLY CONSIDERED THIS PROPERTY FOR DEMOLITION. AT THAT MEETING WITH THE NOT HEAR FROM THE OWNER WHO IS JAMES WASHINGTON.

ALL NOTIFICATIONS WENT TO THE OWNER. AT THAT MEETING, MR. STEPHEN WHO SPOKE EARLIER DURING CITIZENS COMMUNICATIONS STATED HE WAS PURCHASING THE PROPERTY FROM THE OWNER AND HAD A CONTRACT ON IT. BUT WAS NOT THE OWNER AT THE TIME OF THE MEETING. HE HAS SINCE APPEALED THE ORDER. STEPHEN SILLIEST REACHED OUT THIS MORNING. HE SAID HE DID NOT HAVE A EARLIER THIS MORNING BUT STILL HAD A CONTRACT. THIS IS WHERE WE ARE TONIGHT FOR COUNSEL TO CONSIDER THE APPEAL OF THIS DEMOLITION ORDER. AS I MENTIONED, THIS PROPERTY WAS A BAR AT ONE POINT BUT HAS LONG SINCE VACANT. ANY USE WOULD BE CONSIDERED VACANT TO BRING IT BACK INTO COMPLIANCE AS A COMMERCIAL STRUCTURE LIKE A BAR AND NIGHTCLUB. AT THE MEANING MEETING, HE STATED HE INTENDED TO OPEN THE BACK UP TO COMMERCIAL STRUCTURE. AFTER SOME OF THE EXPLANATIONS OF WHAT WOULD BE REQUIRED, HE STATED AND SAID THAT HE WOULD LOOK AT FOR RESIDENTIAL USES. STAFF DOES RECOMMEND TO CONTINUE WITH THE DEMOLITION BECAUSE OF THE CONCERNS OF THE STRUCTURAL INTEGRITY OF THE ENTIRE STRUCTURE. THE WATER FILTRATION OF THE PROPERTY HAS BEEN GOING ON FOR VERY LONG TIME THIS CONCERNS THAT THE TRUSSES ARE IN BAD POTTAGE SHAPE AS WELL AS THE WALL SUPPORTS AND STUDS. WITH THAT, PICTURES ARE WORTH MORE THAN WHAT I CAN DESCRIBE. THIS IS THE EXTERIOR ENVELOPE. YOU CAN SEE HOLES THROUGHOUT THE ROOF OF THE STRUCTURE THAT HAS LED TO WATER INFILTRATION. THEY DID RECEIVE AN IMAGINATIVE WARRANT TO ENTER AND TAKE THESE PHOTOS . ALL OF THE SYSTEMS ARE NOT CODE COMPLIANCE. THE GENERAL CONCERN IS THE ACTUAL STRUCTURAL INTEGRITY . THE WALL SUPPORTS AND STUDS THAT ARE BELIEVED TO BE ROTTED. ANY REPAIRS ESSENTIALLY WOULD BE COMPLETELY REBUILDING THE PROPERTY. WITH THAT, STAFF DOES RECOMMEND THAT THE ORDER BE UPHELD.

>> MAYOR AND COUNCIL, DID DO A SEARCH OF THE CAD RECORDS AND COUNTY CLERK OFFICE RECORDS TO SEE IF I CAN FIND A DEED OR CONTRACT THAT INDICATES THIS PURCHASE IS GOING THROUGH. I COULD NOT FIND ANYTHING. AT THIS POINT WE HAVE NO EVIDENCE THAT THE CURRENT OWNER IS NOT THE ACTUAL OWNER OF THIS

PROPERTY IN THIS BUILDING. >> CAN AN APPEAL BE BROUGHT BY

[01:05:02]

SOMEBODY THAT DOESN'T HAVE STANDING OWNERSHIP?

>> TECHNICALLY KNOW, IT SHOULD NOT HAVE BEEN.

>> THERE'S A REALLY SHORT TIMELINE BECAUSE THEY HAD THE OPTION TO APPEAL TO DISTRICT COURT AND THE BUILDING ENTERED COMMISSION LANGUAGE SAYS AN APPEAL HAS TO BE ON THE NEXT COUNCIL AGENDA. WE PUT ON THE AGENDA AND CONTINUE TO REQUEST THE DATE OF THE CONTRACT FOR SALE DOCUMENTS UP UNTIL THIS

MORNING. >> THE QUESTION I HAVE , DO YOU HAVE PROOF OF OWNERSHIP YOU CAN PROVIDE RIGHT NOW? NOT A PURCHASE CONTRACT, A DEED THAT SAYS YOU ON THE PROPERTY. YOU DO NOT OWN THE PROPERTY. YOU DON'T HAVE A DEED IN YOUR NAME , A DEED FILED IN THE COURT HOUSES WITH THE OTHER OWNER.

WE ARE PLANNING TO PURCHASE THE PROPERTY BUT THERE IS NO BASIS FOR APPEALS IN MY MIND. THAT'S MY OPINION ON IT.

>> ONE OPTION WOULD BE TO ESSENTIALLY TABLE THIS ITEM AND ALLOW HIM TIME TO GET A DEED TRANSFER TO SEE IF THAT'S ACTUALLY GOING TO HAPPEN. AT THIS POINT IN TIME, THE RECORD OWNER IS THE RECORD OWNER. HE WENT THROUGH BECAUSE OF THE TIMELINES WE WANT TO GIVE HIM A CHANCE TO SHOW OWNERSHIP. AS OF RIGHT NOW, MR. WASHINGTON IS THE OWNER OF RECORD AND WE HAVE

NOT HEARD ANYTHING FROM HIM. >> YOU HAVE A SCHEDULED CLOSING DATE? YOU CAN COME TO THE FRONT MIC TO MAKE SURE WE

CAPTURE EVERYTHING. >> WE SIGNED THE CONTRACT LAST MONTH. I CAN DO THE DEED TRANSFER WITHIN THIS MONTH OR NEXT MONTH. IF YOU GIVE ME THE CHANCE . I AM A CONTRACTOR AND FIX WORSE PROPERTIES THAN THIS ONE. I WILL BE ABLE TO FIX IT.

>> WHAT IS YOUR CLOSING DATE . PURCHASE CONTRACT IS NOT

FOREVER, RIGHT? >> I CAN DO THE DEED CONTRACT NEXT MONTH. WOULD THAT WORK FOR YOU GUYS?

>> I THINK SOMEWHERE I SAW YOU WOULD START CONSTRUCTION IN MARCH? IS THE INTENTION THAT YOU WOULD BE THE OWNER AND THEN START CONSTRUCTION? WOULD THAT BE THE BEGINNING OR END OF

MARCH? >> SOMEWHERE IN THE MIDDLE OF

MARCH. >> I NOTICED ON THE DOCUMENTS SUBMITTED, THERE WAS AN ESTIMATE THAT LAID OUT SOME OF THE WORK THAT NEEDED TO BE DONE. THE ESTIMATE DID NOT HAVE ANY PRICES ON. YOU HAVE AN IDEA OF WHAT YOU ARE LOOK AT

DOLLARWISE OUT OF CURIOSITY? >> ESTIMATED FOR ABOUT 70

THOUSAND. >> I COULD SEE TABLING AND PUTTING A DEFINITIVE DATE ON IT. HE SHOULD NOT BE APPEALING IT. IT SHOULD BE THE OWNER TRYING TO SELL IT TO

APPEAL IT. >> RIGHT. WHEN YOU SAY THAT YOU HAD THE ESTIMATE, DO YOU HAVE THE FINANCIAL MEANS TO DO THIS REPAIR AND THE TIME PERIOD YOU ARE ESTIMATING WHICH

IS JUST A COUPLE MONTHS? >> YES.

>> IF WE WERE TO TABLE THIS, WOULD WE TECHNICALLY NEED ANOTHER APPEAL OR NEED THAT JOINER OR OWNER ARE BE ABLE TO CONTINUE IT IF HE BECAME THE OWNER?

>> HE COULD CONTINUE HIS APPEAL IF HE BECOMES THE OWNER.

EITHER WE NEED THE OWNER TO COME FORWARD OR HIS SIMPLY NOT THE OWNER OF THE PROPERTY AND WE WOULD HAVE TO CONTINUE WITH THE INFORMATION WE HAVE RIGHT NOW.

>> THE THIRD OPTION ONE STATED LIKE THAT, YOU COULD TABLE IT FOR A SHORTER AMAMOUNT OF TIME O ENSURE THE PROPER OWNER DOES

THE APPEAL. >> ABSOLUTELY.

>> WOULD THAT BE A POSSIBILITY?

>> YES. >> BUT YOU'RE IN THE SAME POSITION YOU HAVE TO WAIT UNTIL THE CLOSING AND THE DATE IS IN

HIS HANDS. >> WE COULD TABLE IT UNTIL THE

[01:10:03]

WORK IS THEORETICALLY DONE. >> HE WOULD BE ACCEPTING THE APPEAL TO HIM AND NOT THE OWNER. I THINK WE NEED TO COVER ALL BASES AND HAVE THE OWNER -- HE HAS TO HAVE A DOCUMENT, A DEED BEFORE WE COULD DEMOLISH IT ANYWAY. JULIE , WILL YOU BE USING FUNDS TO DEMOLISH THIS?

>> THE OWNER WOULD HAVE TO APPLY FOR THE FUNDS AND APPLY FOR CLEAR TITLE AND MEET ALL THE FEDERAL REQUIREMENTS. WE HAVE NEVER RECEIVED ANY COMMUNICATION WITH THE OWNERS SINCE THIS CASE WAS OPENED LAST MARCH. THERE'S ALSO IF YOU LOOK ON THE STAFF REPORT, ALMOST 1200 BACK TAXES OWED AND WE HAVE CLOSE TO 1400 AND CONTRACT LIENS ON THIS PROPERTY HAS BEEN WORKED REGULARLY . OUT OF ALL THOSE NOTICES, WE HAVE NEVER RECEIVED ANY COMMUNICATION FROM THE

OWNER. >> THOSE ARE FILING LIENS.

THEY SHOULD GET PAID OUT OF THAT.

>> IF THE TITLE WOULD REQUIRE IT , IF NOT THEY WOULD PUSH THE OBLIGATION ONTO THE NEW OWNER. IF THERE IS NO TITLE, MY NOT SEE THAT MONEY IMMEDIATELY. BUT IT STAYS ON THE BOOKS.

>> IS A GOING TO BE A TITLE POLICY ISSUED THE CLOSEST OR A

TITLE COMPANY? >> I'M HAVING A HARD TIME HAVING THIS AGENDA ITEM BECAUSE THE APPEAL TO ME IS NOT EVEN VALID. I'M STRUGGLING WITH THAT PORTION OF IT. AM I TABLING SOMETHING THAT'S NOT EVEN VALID BECAUSE I DON'T HAVE AN OWNER THAT'S HERE APPEALING THE DEMOLITION ORDER FOR HIS STRUCTURE. I DON'T KNOW HOW TO REALLY HANDLE THAT IN A MANNER EXCEPT THAT THIS IS AN INVALID APPEAL. I WANT TO SEE IF THERE'S SOME WAY OF HELPING THE GENTLEMAN.

>> I THINK THE INTENT WAS TO PUT ON THE AGENDA BECAUSE THE DEADLINE IT SUGGESTED AND GIVING THE GENTLEMAN OPPORTUNITY TO SHOW OWNERSHIP OF THE PROPERTY. I UNDERSTAND WHAT YOU SUGGEST. THERE ARE SEVERAL BENEFITS THAT COME FROM IF HE WERE TO BE THE OWNER SUCH AS EVEN IF IT DOES GET DEMOLISHED, HE COULD APPLY FOR FUNDS AND BE MORE RESPONSIVE FOR THAT AS AN EXAMPLE. THE CURRENT OWNER ISN'T. THERE ARE SEVERAL BENEFITS IF HE HAD BECOME THE OWNER OF IT. WE GAVE HIM THE GRACE TO BE ABLE TO SHOW THAT LEADING UP TO TODAY'S MEETING BUT HE HAS NOT BEEN ABLE TO PRODUCE THAT.

>> THE REQUIREMENT OF THE OWNER WOULD HAVE SEVEN DAYS TO APPEAL. OWNER STILL HAS ADDITIONAL 23 TO FILE IN DISTRICT COURT. 30 DAYS FROM THE DAY THE BUILDING STANDARDS COMMISSION ORDERED TO FILE. HE COULD STILL HAVE A REMEDY IF HE CHOOSES TO UPHOLD THIS ORDER BY FILING THAT APPEAL IN

DISTRICT COURT. >> THE ACTUAL OWNER WOULD HAVE TO COME FORWARD. YOU ALL CAN BASICALLY DENY . I UNDERSTAND WHAT YOU'RE SAYING. YOU CAN'T DENY THE APPEAL DESPITE THE FACT THAT WE ALL AGREE THAT STANDING IS NOT SUPERB IN THIS CASE. THAT WOULD ALLOW THE OWNER TO GET TOGETHER AND THEY COULD APPEAL IT AND DECIDE HOW THEY WANT TO HANDLE THAT AND LET THEM MOVE FORWARD IN THAT DIRECTION.

>> AND WORRIED ABOUT SETTING UP RESIDENCE THAT ANY INTERESTED PARTY COMES BEFORE AN APPEALS DEMOLITION ORDER. WE ARE JUST INTERJECTING SOMETHING IN THE PROCESS AND WHAT WE REALLY NEED IS THE OWNER HERE TO APPEAL THE DEMOLITION ORDER AGAINST HIS STRUCTURE. I CANNOT GET PAST THAT PART.

>> THE OPTION WOULD MEAN SIMPLY TO NOT TAKE ANY ACTION ON THE ITEM AT ALL. FOR THE SAME REASON HE WAS ABLE TO PROVIDE PROOF OF OWNERSHIP AND IN ESSENCE, BY NOT TAKING ACTION ON THE ITEM AT ALL, CORRECT ME IF I'M WRONG, IT FAILS BY LACK OF CONSIDERATION. THE ORDER CONTINUES AS IS BECAUSE WE DEEMED THAT IT'S NOT A QUALIFIED APPEAL.

>> MORE OR LESS LIKE STAFF PULLS THE ITEM BECAUSE IT DOES

NOT BELONG ON THE AGENDA. >> OR THAT. I SUPPOSE WE COULD

PULL IT. >> THAT'S KIND OF THE CONCEPT.

[01:15:12]

DO WITH WHAT YOU'RE TRYING TO DO WITH THE BUILDING. I'M JUST TRYING TO WORK ON THE LEGALITY OF AN APPEAL THAT IT SHOULD BE THE OWNER APPEALING. YOU DON'T HAVE AN ORDER FOR DEMO AGAINST ANYTHING YOU OWN TO APPEAL IF THAT MAKES SENSE. I WOULD ENCOURAGE IF WE CHOOSE TO GO THIS DIRECTION AND CHOOSE NOT TO TAKE ACTION I WOULD ENCOURAGE YOU TO GET WITH THE OWNER AND SAY YOU OWE TO ME TO FINISH THIS CONTRACT. YOU HAVE TO APPEAL THIS TO THE DISTRICT COURT. HE HAS TO BE INVOLVED TO ENSURE THAT CONTRACT CAN BE FULFILLED.

>> IF I GET IT BEFORE THE 23 DAYS?

>> HE WILL HAVE 23 DAYS. THEN YOU CAN COME APPEAL. HOPEFULLY THE OWNER WOULD GET THE APPEAL .

>> THAT WOULD BE WITH DISTRICT COURT AT THAT POINT. THEY APPEAL TO THE DISTRICT COURT AND IT'S GOT TO BE THE OWNER, EVEN IN DISTRICT COURT. THEY WOULD HAVE THE ABILITY TO APPEAL THERE EITHER. IT WOULD HAVE TO BE THE OWNER. DO YOU SEE ANOTHER CREATIVE SOLUTION?

>> I AGREE WITH THE STANDPOINT THAT I THINK THERE IS BENEFIT TO THE CITY FOR THIS GENTLEMAN TO OWN THE PROPERTY AND MOVE FORWARD. I DON'T APPEAL TO DISTRICT COURT IS GOING TO COST EVEN MORE MONEY RELATED TO THE ATTORNEY MORE THAN LIKELY. I GUESS MY QUESTION IS IF WE TABLED THIS FOR A PERIOD OF TIME, AND IN THE MEANTIME , THEY COULD CLOSE ON THE CONTRACT, WHEN HE STEPPED INTO THE SHOES OF THE CURRENT OWNER IN TERMS OF THEN WOULD THE APPEAL BE VALID ? YOU DON'T NECESSARILY WANT TO SET UP A PRESIDENTS. THE LIENS OWED

AND MONEY OWED TO THE CITY. >> WILL ATTEND THE VALID BECAUSE HE HAS OBTAINED THE OWNERSHIP .

>> HE WOULD HAVE TO NOTIFY HIM AT THE BEGINNING DEMOLITION,

RIGHT? >> THAT RESTARTS THE PROCESS.

YOU'RE SAYING FROM A TECHNICAL STANDPOINT, SEEMS LIKE BECAUSE OF THE QUESTION AND OWNERSHIP AT THIS POINT AND COUNSELS HESITANCY TO MOVE FORWARD, THAT IF YOU WANT STAFF TO PULL IT OR SIMPLY TAKE NO ACTION THAT IS ABSOLUTELY AN OPTION. IF YOU ARE UNCOMFORTABLE DENYING THE APPEAL AS IT IS ON THE AGENDA, THE STANDARD ORDERED COULD CONTINUE. THEY COULD TAKE IT TO DISTRICT COURT AND GET IT FIGURED OUT. WITH THE ACTUAL OWNER OF THE PROPERTY. CURRENT

OWNER. >> IS THE DISTRICT DECISION BASED ON WHETHER OR NOT THE APPEAL WAS VALID AND THE REJECTION OF THE APPEAL -- DO THEY START ALL OVER?

>> THAT IS A GOOD QUESTION. I CAN GET BACK TO YOU ON THAT

ONE. >> I'M CONCERNED EVEN IF HE SPENT THE MONEY AND WENT TO DISTRICT COURT, WE CREATED A SITUATION WHERE WE ARE MAKING HIM M GO TO DISTRICT COURT EVEN THOUGH HE DOES NOT HAVE STANDING. I'M NOT SURE WE ARE

PROPERLY ADDRESSING THE ISSUE. >> I BELIEVE ITS OWN SEPARATE

APPEAL OF TO DISTRICT COURT >> OUR RECOMMENDATION WOULD BE TO HAVE THE ACTUAL OWNER MAKE THE APPEAL.

[01:20:03]

>> THAT WOULD BE THE TWO OPTIONS FOR DISTRICT COURT.

>> I'M HEARING THAT WE MAY NOT EVEN WANT TO GO THAT ROUTE BECAUSE OF THE EXPENSES ASSOCIATED WITH PUTTING THEM IN A POSITION TO HAVE TO GO TO DISTRICT COURT I THINK ONE OF THE QUESTIONS WAS NOT PROPERLY ANSWERED BECAUSE I HAVE THE SAME QUESTION. WHICH IS IF IT IS TABLED , THE 23 DAY COUNT

IS TABLED AS WELL. >> STAFF RECOMMENDS THE ORDER UPHELD , THE AMOUNT OF WORK TO BRING THIS FROM COMMERCIAL TO RESIDENTIAL IF IT NEEDED TO BE COMMERCIAL IS A SUBSTANTIAL AMOUNT OF WORK. THE AMOUNT OF WATER THAT HAS HIT THE BUILDING. IT WOULD BE NICE TO SEE AND THIS IS ONE OF THESE

CASES. >> BACK TO MY QUESTION.

>> IF THEY CONTINUED TO BE NONRESPONSIVE IT WOULD COME OUT OF THE DEMO BUDGET AND WILL GO TO THE PROPERTY.

>> THE HOUSING FINANCE CORPORATION IS UNDERTAKEN. THE COULD STILL BE A PATH TOWARDS REDEVELOPING THE SLOT TO BECOME A PRODUCTIVE LOT . IT WOULD BE A LENGTHIER LONGER PATH TO THAT AS OPPOSED TO IT BEING SALVAGED IN ITS CURRENT CONDITION. WE COULD TABLED THE APPEAL FOR 23 DAYS .

>> IF WE COULD CLOSE WITHIN 23 DAYS OR FOR THE OWNER TO APPEAL

TO THE DISTRICT COURT. >> IF WE WERE TO DENY THE APPEAL AND UPHOLD THE BUILDING STANDARDS YOU WOULD STILL HAVE 23 DAYS TO APPEAL THE DISTRICT COURT .

>> BY HAVING IS STILL ON THE TABLE --

>> IF WE TABLED THAT YOU COME BACK IN FRONT OF US 23 DAYS.

OR THE OWNER HAS TO GO TO DISTRICT COURT.

>> DOES IT HAVE TO GO THROUGH THE BUILDING TO DESTROY BUILDING THAT BELONGS TO A CERTAIN PERIOD

>> ORDER IS TIED TO THE COMPANY.

>> AND TRYING TO GET ALL AND IS AN OPPORTUNITY FOR EVERYBODY TO DO WITH THEY NEED TO DO. THE OWNER WHO IS NOT BEFORE US AND HAS NOT DONE THE APPEALS WILL HAS A PATH OF HE WANTS TO APPEAL. HE HAS THE OPPORTUNITY TO CLOSE WITHIN THE 23 DAYS THAT ARE REMAINING AND COME BACK BEFORE COUNSEL AND SAY NOW I HAVE STANDING FOR THIS APPEAL THAT'S ON THE TABLE.

AND IT COULD BE VOTED ON FROM THAT STANDPOINT.

>> YOU TALKING TO HER THREE MEETINGS. I THINK WE SHOULD TABLE IT AND GIVE THIS MAN AN OPPORTUNITY TO BE THE OWNER.

>> I WAS FEELING THAT UNTIL MS. HOLOGRAM JUST SAID WE STILL THINK THERE IS MORE WORK THAT NEEDS TO BE DONE TO THIS BUILDING TO BRING IT UP TO LIVABLE STANDARDS . IT MAKES ME WONDER WHETHER IT''S BETTER TO GO AHEAD AND HAVE THE BUILDING DEMOLISHED AND MOVED TO THE PROCESS. IT WOULD STILL BE EVENTUALLY AVAILABLE, THE PROPERTY WOULD BE AVAILABLE FOR PURCHASE AFTER THE TAX SALE. MR. DIMINO COULD PURCHASE IT

[01:25:04]

AT THAT POINT AND START FROM A CLEAN SLATE.

>> THERE ARE CONDITIONS TO THE APPEAL THAT CONSTRUCTION BE FINISH AT A CERTAIN AMOUNT OF TIME. AND SOME QUALIFIERS ON THE APPEAL TO ASSURE IT GETS DONE TO MAKE SURE IT DOES NOT

SIT THERE AGAIN. >> I HAVE A QUESTION. 23 DAYS FROM TODAY'S THE 29TH OF FEBRUARY. WE ONLY HAVE ONE MORE MEETING ON THE 20TH THAT HE COULD COME UP TO US. WHAT HAPPENS THEN IF HE GOES PAST THE 23 DAYS ? IF HE CANNOT GET IT TO US BY THE 20TH, IS GOING TO BE OUT OF LUCK.

>> HE WOULD LOSE THE RIGHT TO APPEAL TO DISTRICT COURT.

>> COULD YOU NOT TELL IT UNTIL MARCH 5TH AND SAY THE OWNER APPEALS THE DISTRICT COURT OR HAS OWNERSHIP AND HIS APPEAL

STANDS? >> THE ANTICIPATED CLOSING WAS THE MIDDLE OF MARCH. IT WOULD HAVE TO BE THE SECOND MEETING IN MARCH IF WE WERE TO TABLE IT WITH A REALISTIC. WHICH ONLY HAS 23 DAYS TO GET THE WHOLE THING DONE. THE 30 DAY CLOCK ON APPEAL , IT DOES NOT STOP THE CLOCK IF WE TABLE IT.

>> IF WE TABLE IT, WE ARE SAYING IT'S NOT REALLY A VALID APPEAL. WE ARE KIND OF SAYING THIS IS AN ISSUE THAT WE WILL TAKE UP THAT WE ARE INTERESTED IN CONSIDERING

REGARDLESS. >> WE ARE TABLING SOMETHING THAT IS NOT VALID. TOPIC WE SHOULD TABLE IT.

>> IF YOU DID PURCHASE THE PROPERTY, DOES HE STEP INTO THE SHOES? I'M NOT SURE YOU CAN DO THAT GIVEN THAT THERE HAS TO BE NOTICE AND THOSE SORTS OF THINGS. THERE'S NO SHOES TO STEP IN BECAUSE IT'S HIS APPEAL. THE BIGGEST PROBLEM WE HAVE IS WE HAVE AN OWNER WHO DID NOTHING AND THIS GENTLEMAN IS IN A BAD SPOT RIGHT NOW BECAUSE IT WAS NOT ADEQUATELY ADDRESSED BY THE POTENTIAL SELLER. .

>> WE KIND OF COME BACK FULL CIRCLE. I THINK WE ARE ALL SYMPATHETIC. JUST NOT. I'M CONCERNED ABOUT SETTING A BAD PRECEDENCE FOR HOW FAR WE WILL GO.

>> I WOULD REALLY LIKE TO SEE SOMETHING DONE WITH THIS PROPERTY AND PUT BACK. GIVEN THE WAY IT FELL OUT IN THE TIMING, IT'S JUST DIFFICULT. IF THE OWNER WERE HERE, THAT

WOULD HELP. >> IF I GET IT DONE BY FEBRUARY

20 AND I SHOW UP ? >> EVERY 20TH IS THE LAST

MEETING YOU CAN BRING IT UP. >> YOU CANNOT DO AN APPEAL

HERE. >> I THINK YOUR OPTION HERE IS IF WE UPHELD THE DEMOLITION ORDER , I'M NOT GIVING LEGAL ADVICE BUT I UNDERSTAND YOUR OPTIONS. IF YOU COULD SOMEHOW GAIN SOME TYPE OF OWNERSHIP INTEREST IN THE PROPERTY THAT WOULD GIVE YOU STANDING TO APPEAL TO THE DISTRICT , THAT THAT MAY BE THE ONLY CHANCE TO SALVAGE THE TRANSACTION FOR YOU AND THEN BE ABLE TO DO WHAT YOU WANT TO DO. THE PROBLEM IS, WE WOULD LIKE TO HELP YOU AND PUT YOU IN A POSITION TO DO SOMETHING BUT I DON'T THINK WE HAVE THE ABILITY BECAUSE OF THE FACTS AND CIRCUMSTANCES TO PUT YOU TO WHERE WE WOULD LIKE TO PUT YOU. YOU MAY BE ABLE TO GET TO THE NEXT STEP TO THE DISTRICT COURT BUT YOU HAVE TO CLOSE ON THE PROPERTY FIRST IS THE WAY I AM INTERPRETING THIS.

>> UNLESS HE GETS THE OWNER TO DO IT.

>> CORRECT. >> THE OTHER AREAS IS IN GOOD

CONDITION. >> DOESN'T HAVE ANY BEARING ON WHAT WE ARE TRYING TO DECIDE . THE APPEAL IS NOT VALID COMING FROM YOU. IF THAT'S THE CIRCUMSTANCE, IT MAKES A VERY DIFFICULT TO MAKE THE DECISION ON SOMETHING. YOU DON'T HAVE THE LEGAL OWNERSHIP OF THE ON THE DEMOLITION BECAUSE IT'S NOT YOURS IS WHAT IT BOILS DOWN TO. MR. CROCKER IS SAYING TAKE

[01:30:05]

OWNERSHIP IN THE NEXT 23 DAYS IN APPEAL THE DISTRICT COURT WITHIN THE NEXT 23 DAYS, THE OWNER APPEALS THE DISTRICT COURT AND MAKE THE APPEAL WITH THE JUDGE. I CANNOT ACCEPT THE APPEAL BECAUSE YOU'RE NOT THE OWNER.

>> THEY HAD SIMILAR ISSUES OR HEARTBURN ABOUT CONSIDERATION AND ULTIMATELY THE REASON THEY ORDERED DEMOLITION BECAUSE THE OWNER WAS NOT THERE AND THE OWNER IS RESPONSIBLE AND THE OWNER IS ULTIMATELY RESPONSIBLE FOR THIS PROPERTY AT THAT TIME.

>> AT THE END OF THE DAY, THE THINGS WE TALKED ABOUT THAT WE WOULD LIKE TO DO THE COULD NOT PROCEDURALLY DO.

>> DO WE NEED TO VOTE TO REJECT THE APPEAL ?

>> OR UPHOLD THE ORDER ? >> I MOVE THAT WE UPHOLD THE BUILDING STANDARD COMMISSION'S ORDER.

[4. 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. Third and Final Reading. Julie Fulgham, Director of Development Services]

>> MOTION CARRIES TO UPHOLD. E4.

>> ORDINANCE ADOPTING THE UNIFIED ORDINANCE BY REPLACING ENTIRETY. FITTING CHAPTERS 9.5. CODE OF ORDINANCES.

>> AT THE THIRD READING, ONCE AGAIN I HAVE CHANCE SPARKS HERE TO GO THROUGH A VERY SHORT PRESENTATION.

>> CAME UP ON THE RIGHT SIDE OF THE LEFT. REALLY HAPPY TO BE HERE FOR A THIRD READING THIS EVENING. THIS WILL BE A SHORT PRESENTATION BECAUSE THERE'S NOT A LOT HAS CHANGED SINCE THE SECOND READING. THE WHOLE PURPOSE OF THIS IS IMPROVING HOW YOUR ORDINANCES FUNCTION. HOW THEY ARE SUPPORTED BY STATE LAW. AND REALLY EMBRACING THE MARKET-BASED APPROACHES OF VICTORIA IN A HOLISTIC MANNER. WE ARE AT THE END OF THIS PROCESS. THIS IS THE LAST PUBLIC ACTION POTENTIALLY.

RECENT ACTIVITY ON THE 16TH, A SECOND READING. WE BROUGHT THAT WITH A COMPETENCE OF REDLINE A PRESENT THAT ARTICLE BY ARTICLE. VERY EXCITING AND RIVETING PRESENTATION. ONE OF THE DIRECTIONS WE GOT OUT OF THAT IS DIRECTION FOR AN OPT OUT PROVISION. THAT WOULD LAST UNTIL JUNE 1ST OF THIS YEAR. SO WE HAVE PROJECTS THAT ARE IN THE DESIGN PROCESS AND THEY CAN OPT TO STICK WITH IT. GENERALLY THIS ORDINANCE HAS A LOT OF BENEFITS. WE COULD SEE PEOPLE CHOOSING TO REMAIN WITH THIS AND CONTINUE FORWARD. JUST TO KIND OF OUTLINE A COUPLE OF THINGS THAT ARE ACTIVE RIGHT NOW FROM TALKING WITH JULIE. TALK ABOUT WHAT APPLICANTS BENEFIT FROM THIS.

WHICH ONE MIGHT CHOOSE TO OPT OUT. YOU DO HAVE FOUR ITEMS THAT ARE ACTIVE RIGHT NOW. ONE IS A FAILED DEED APPROVAL THAT IF IT WERE UNDER THE YOU DL IT WOULD HAVE A PLANNING EXCEPTION. THEY WOULD NOT HAVE THIS ISSUE AND IT WOULD BE ABLE TO PROCEED WITHOUT ISSUE. SECOND ONE IS A LARGE CAR DEALERSHIP THAT'S WORKING THROUGH A CODE ENFORCEMENT ISSUE THAT WOULD ACTUALLY HAVE A SIMPLER PATH BECAUSE THEY WOULD NOT BE TRIGGERING A FULL SITE PLAN AS THEY WOULD UNDER THE CURRENT ORDINANCES. THERE IS A VARIANCE REQUIREMENT WHERE THERE IS AN ADDITIONAL PROCESS INVOLVED. THAT VARIANCE WOULD BE ON THE FERRY. TO ALLOW FOR 49 FOOT LOT. THERE'S A PROVISION THAT ALLOWS 10% STAFF REDUCTION AUTHORITY TO BASICALLY HELP DEAL WITH THE QUIRKS OF PARCEL CONFIGURATIONS THAT HAPPEN IN ANY SETTING. A VACANT 10 ACRE TRACT THAT WOULD NORMALLY BE EXEMPT FROM A SITE PLAN BECAUSE OF THE AGRICULTURAL USE. THOSE ARE FOUR THINGS THAT WE WOULD SAY YES, LET'S STICK WITH THE CURRENT STUDIO. AS A COUPLE THAT MIGHT WANT TO BUMP UP, TOO. CONTRACTOR INSURANCE REQUIREMENTS FOR EXAMPLE THAT ARE INCLUDED WITHIN THIS.

MIGHT CHOOSE TO DEFER GETTING INSURANCE UNTIL JUNE 1ST.

ALSO THERE'S A PLAQUE THAT REQUIRES THAT TO BE GREATER THAN 10 ACRES. THIS IS A REALLY COMMON PROVISION IN THE

[01:35:05]

CITIES. WE DON'T WANT TO END UP WITH MAJOR TRACKS THAT FALL BELOW KEY THRESHOLDS . IT IS NOT AT ADDITIONAL COSTS.

THOSE ARE ACTIVE PENDING ON THIS. HOPPING INTO ADJUSTMENTS TO THE DRAFT SINCE THE SECOND READING. WE'VE GONE THROUGH AND DONE A VERY HEAVY CORRECTION OF TYPOGRAPHICAL ERRORS. MOST OF THESE ARE ISSUES OF CAPITALIZATION AND SEE. MAKING SURE THE TERM COMMISSION IS ALWAYS CAPITALIZED. AND SOME HEADING CORRECTIONS TO MAKE THE MORE DESCRIPTIVE JUST TO MAKE THE NAVIGATION LITTLE BIT EASIER.

THE ESTABLISHMENT OF THE DEFERRED DATE FOR THE OPT OUT , WE HAD A SERIAL SECTION NUMBER HERE THAT WE STILL CANNOT FIGURE OUT HOW IT HAPPENED. ALL THE HYPERLINKS WERE GOING TO THE CORRECT PLACE BUT THE NUMBER WAS NOT CHANGING. WE DON'T KNOW WHY THAT WAS HAPPENING. BUT WE FIXED IT. WE FOUND A CARWASH OPERATIONAL OUR PROVISION THAT WE HAD FORGOTTEN TO DELETE IN THE SECOND READING. CLEANUPS AND CROSS-REFERENCES FOR ALL OF THE REGULATED BUSINESSES TO DIRECTLY REFERENCE THEM OVER TO CHAPTER 14. AFTER ALL THE BUSINESS REGULATIONS WERE FOUND. ACCESSORY BUILDINGS AND PROVIDED THE DOCUMENTATION FOR THE OWNER OCCUPANCY CONDITION.

THAT MAKES ENFORCEMENT A LITTLE BIT EASIER DOWN THE ROAD. HOW YOU DEFINE OWNERSHIP FOR THAT . SEEMS APPROPRIATE GIVEN TONIGHT'S CONVERSATION. THERE WERE CONTINGENCIES PART OF YOUR CURRENT ORDINANCES AFTER LOOKING AT THIS FINAL DOCUMENT AND VERIFYING EVERYTHING, THERE TENDENCIES ARE NO LONGER NECESSARY SO WE ARE ABLE TO CLICK THOSE OFF.

THOSE ARE THE ADJUSTMENTS THAT YOU SEE THIS EVENING. THERE IS AN ITEM YOU ASKED ME TO BRING UP HERE. THAT ESSENTIAL PARKING REGULATION CONSIDERATION. THE PROPOSED DEVELOPMENT ORDINANCE DOES NOT CALL FOR PARKING FOR RESTAURANTS PER 100. THE CURRENT ORDINANCE CALCULATES RESTAURANT ANYONE FOR THREE SPACE PER THREE SEATS. THAT'S BASED ON THE SEATING CAPACITY DETERMINED THROUGH BUILDING CODE OCCUPANCY. GENERALLY SPEAKING YOU CAN FIT A LOT MORE THAN A COUPLE OF TABLES . AROUND 8 TO 10 SEATS IN 100 SQUARE FEET GIVE OR TAKE. RESTAURANT E THAT PER 100.

THAT'S JUST ONE AMENDMENT ITEM THAT JULIE THOUGHT YOU ALL MIGHT BE INTERESTED IN. WE ARE FINE EITHER WAY.

>> COULD YOU FURTHER EXPLAIN WHAT YOU MEAN WHEN YOU SAY SEATING CAPACITY DETERMINED ALL BUILDING CODE OCCUPANCY ? WALK ME THROUGH THAT'S WHY UNDERSTAND WHAT THAT

CALCULATION MEANS. >> HE WOULD TAKE THE SEATING AREA OF A RESTAURANT. LET'S SAY THE SEATING AREA IS 1000 SQUARE FEET ON THE RESTAURANT PLAN AND YOU HAVE KITCHEN AREA AND OTHER PARTS OF THE BUILDING. THE TABLE AREA IS SET. THEN YOU TAKE THE SQUARE FOOTAGE AND DIVIDED BY 15 WHICH IS WHAT THOSE TINY LITTLE NUMBERS ON THE BUILDING CODE SAYS DIVIDED BY 15 AND GET A NUMBER. SINCE THAT TELLS YOU THE OCCUPANCY. HOW MANY PEOPLE WITH SEATS CONSIDERED . HOW MANY SEATS HE COULD FIT IN PER BUILDING CODE. IF YOU TAKE 1000 AND DIVIDED BY 15. I DON'T KNOW WHAT THAT NUMBER IS. AND THEN IT'S ONE PER THREE. YOU DIVIDE THAT NUMBER BY THREE AND THAT'S HOW MANY PARKING SPACES WOULD BE REQUIRED.

>> IS THAT OCCUPANCY , WHEN YOU SAY THE USUAL SEATING AREA, WHO DEFINES THAT THE SEATING AREA IS? IS IT THE OWNER OR OUTSIDE AGENCY? LET'S SAY AN OWNER HAS A LARGE BUILDING AND SAYS WERE ONLY GOING TO SEEP IN THIS PART OF THE BUILDING?

DOES THAT COME INTO PLAY? >> WE WOULD LOOK AT IT AS KIND OF AN OPEN AREA SEATING. WE ASK PEOPLE TO SUBMIT THE PLANS, YOUR KITCHEN AREA IS VERY DELINEATED. IF YOU WERE TO HAVE A VACANT ROOM AND CALL ITI STORAGE, WE WOULD NOT CONSIDER THAT. IF IT'S ONE BIG OPEN SPACE, WE WOULD CONSIDER ALL

ABOUT THE SEATING AREA >> EXTRA ROOMS THAT ARE NOT REALLY CONNECTED TO THE MAINS FAITH IN THAT SORT OF THING DO

[01:40:03]

NOT COUNT? >> IF YOU CANNOT PUT TABLES THERE. IF THEY WERE WANTING TO DO AN EVENT ROOM OR SOMETHING LIKE THAT AND HAVE THAT TABLE, THAT WOULD BE A CONVERSATION WITH THE APPLICANT FOR SURE. GENERALLY, IT'S JUST THE GENERAL OPEN AREA UNLESS THEY ARE SAYING YES, I'M GOING TO USE THAT ROOM FOR SEATING. IF THEY SAY THEY'RE USING IT FOR STORAGE AND PUT TABLES THERE, IT BECOMES A CODE FORCE

ADMISSION. >> DO YOU ANTICIPATE THAT THE TERMINATION OR CALCULATION IS GOING TO YIELD MORE PARKING SPACES REQUIRED OR LESS REQUIRED THAN USING THE ONE

SPACE PER 100 SQUARE FOOT? >> IT'S ABOUT A 1500 SQUARE FOOT ROOM WITH A 2000 SQUARE FOOT BUILDING. IT'S ABOUT A WASH. THE LOWER OR HIGHER YOU GO, THE ONE PER THREE SEATS USUALLY ENDS UP BEING A HIGHER REQUIREMENT. I'VE RUN SOME CALCULATIONS. LET'S SAY AS A HYPOTHETICAL SO I KNOW THESE NUMBERS, I GET A CALCULATOR OUT AND RUN AS MANY NUMBERS AS YOU WANT. SAY YOU HAD A 3000 SQUARE FOOT BUILDING. AND 2000 SQUARE FEET WAS THE RESTAURANT AREA AND YOU HAVE ENOUGH HOUSING FOR HOSTESS AND KITCHEN AREA AND STUFF. 2000 DIVIDED BY THE 15 DIVIDED BY THE THREE ENDS UP ABOUT 44 PARKING SPACES. ON THE ONE PER 100. A 3000 SQUARE FOOT BUILDING BECAUSE HE TAKE INTO ACCOUNT THE KITCHEN AND EVERYTHING, THAT IS 30 PARKING SPACES. IN THAT SCENARIO REQUIRED TO HAVE 14 MORE PARKING SPACES THEN THE 100. THE REASON ONE PER 100 USUALLY WORKS UP EASIER AND WHY IT WAS LISTED ON CURRENT CODE IS FAST FOOD BECAUSE IT GENERALLY DOES NOT HAVE AS MUCH SITDOWN RESTAURANT BECAUSE YOU HAVE THE DRIVE THROUGH. A GOOD PORTION OF THAT BUSINESS , YOU HAVE A CERTAIN SIZE KITCHEN TO HANDLE ALL THE CUSTOMERS. A CERTAIN AMOUNT OF CUSTOMERS ARE DRIVE-THROUGH WHICH IS WHY THERE IS ANOTHER REQUIREMENT.

GET 22 PARKING SPACES. THE 40 WOULD BE FOR THE THREE.

>> IN THE 1000 EXAMPLES, IS THAT 1000 SQUARE-FOOT DINING AREA PART OF A 2000 SQUARE FOOT BUILDING?

>> THE SEATING CAPACITY DETERMINES -- YOU TAKE THE

1000÷15 . >> YOU CORRECT THAT IT'S 22 PARKING SPACES. WHAT I'M SUGGESTING, IF THE 1000 SQUARE-FOOT DINING AREAS WITHIN A 2000 SQUARE FOOT BUILDING, AND YOU LOOK AT IT FROM A PER SQUARE FOOTAGE STANDPOINT THAT WOULD BE 20 PARKING SPACES. IN THAT SMALL SCENARIO, YOU WOULD GET LOWER PARKING REQUIREMENTS TAKING THE SQUARE-FOOT BY

100 APPROACH. >> THE PROBLEM COMES WHEN THAT RATIO OF SEATING AREA TO UNUSED BUILDING AREA. IF HE HAD A 4000 SQUARE FOOT BUILDING AND ONLY HAD 1000 SQUARE FOOT

OF SEATING. >> IF IT'S A MULTI-USE BUILDING LIKE A MULTITENANT SPACE, WE ONLY WOULD CALCULATE FOR THAT TENANT'S SPACE. IF IT'S A MULTIUSE BUILDING THAT HAS AN OFFICE AREA OR STORAGE AREA, YOU WOULD APPLY OFFICE PARKING FOR THE OFFICE AREA , IF IT'S NOT AN OFFICE OF THE RESTAURANT. WE WOULD CALCULATE THAT SQUARE FOOTAGE ON THE FLOOR PLAN. THE BUILDING CODE HAS THE SEPARATION STANDARDS WE HAVE TO HAVE THE FIREWALLS BETWEEN THE DIFFERENT USES.

IT'S VERY CLEAR TO DELINEATE AN OFFICE USE BETWEEN RESTAURANT USE. BETWEEN THE RESTAURANT USE. WE WOULD SEPARATE OUT AND SAY IN THIS USE, WHATEVER YOU SAID ON THE PARKING TABLE APPLIES TO THAT USE. THE RESTAURANT AREA IS ONLY 2000 SQUARE FEET OUT OF A 4000 SQUARE FEET BUILDING BEGOT ANOTHER THOUSAND RESIDENTIAL, THAT IS TWO SPACES. ANOTHER THOUSAND FOR STORAGE AREA. THAT'S ONE SPACE AND THEN YOU CALCULATE THE RESTAURANT SPACE. WE DID THAT ALL DAY LONG WHEN LOOKING AT MULTI USE ELEMENTS.

>> WHAT HAPPENS IF IT IS NOT MULTI USE. WE HAVE EMPTY BUILDINGS HERE. WE HAVE OLDER BUILDINGS AND AN OLDER CITY THAT THE PATCHWORK OF STUFF. AND PEOPLE WANT TO DO DEVELOPMENT AND MAYBE HAVE A LARGER SPACE THAT IS NOT MULTI USE , BUT THEY WILL NOT HAVE THAT MANY . LET'S SAY IT'S A NEW RESTAURANT AND THEY ARE NOT ESTABLISHED AND THEY DEMAND THAT THEY HAVE A HUGE PARKING LOT BASED UPON THAT THAT THEY

[01:45:01]

MAY NOT HAVE THE CUSTOMERS BECAUSE THEY ARE A NEW

RESTAURANT.. >> EVEN ESTABLISHED RESTAURANTS. I HAD TO PICK ON ANY ONE PERSON BUT I THINK IF YOU GO TO TEXAS ROADHOUSE, IT'S SO VERY POPULAR, THERE ALWAYS OUT OF PARKING LOT IS NEXT-DOOR HAVE SOME LIMITED PARKING. IF THEY HAVE ATTENTION AS PART OF THE BUILDING AND THEY'RE USING IT FOR THAT USE, WE WOULD COUNT IT BECAUSE YOU NEVER KNOW THE POPULARITY OF ANY USE. IF THEY ARE LEGITIMATELY NOT USING IT AND IT'S PARTITIONED OFF AS A STORAGE AREA WE WOULD ALLOW THEM TO COUNT THAT. ULTIMATELY WHEN IT COMES DOWN TO THE USE AND DINING ROOM SIZE I BELIEVE THAT ONE PER 100 IS A GREATER BENEFIT.

>> I WILL THROW RANDOM ONES OUT. HOW WOULD TAI ORCHID FIT INTO THIS? IT WAS REDEVELOPED. AT THE FAIRLY LARGE BUILDING.

FIRST FLOOR FOR THE RESTAURANT. WHICH IF I HAD TO GUESS PROBABLY ABOUT 2500 SQUARE FEET. MAYBE 25 SPACES.

>> THE SAYS GROSS FLOOR AREA BUILDING.

>> THE TOP USE IS VACANT STORAGE USE. THERE IS NO

ACTIVITY UP THERE. >> THIS IS ALSO ONE OF THE ISSUES WITH PLANNING. SOMEBODY COULD HAVE A LARGE BUILDING AND NOT HAVE ENOUGH PARKING SPACES AND SUDDENLY MODIFY THE PLAN SO THEY ARE USING A MUCH SMALLER AREA SO THAT THEY HAVE THAT NUMBER OF PARKING SPACES AND A NEW COMPANY OR OWNER COMES ALONG AND SEES THE BUILDING WITH GREAT POTENTIAL AND WANTS TO TURN INTO ANOTHER RESTAURANT WHICH IS ALREADY IN EXISTENCE AND THEN WE HAVE A PROBLEM BECAUSE WE DON'T HAVE ENOUGH PARKING SPACES BECAUSE WE DID NOT PLAN PROPERLY.

>> DO WE HAVE PARKING SPACES OR DOES THE OWNER . IF YOU DON'T HAVE ENOUGH PARKING SPACES DON'T YOU CUT OFF YOUR CAPITAL? YOUR ABILITY TO MAKE MONEY. THAT SEEMS TO BE AN OWNER ISSUE. I DON'T KNOW IF THAT IS EDDIE.

>> ALIAS THE CITY ASKED FOR VARIANCE BECAUSE WE HAVE ALREADY CREATED THE MONSTER AND NOW WE ARE STUCK. WE HAVE TO GET EXTRA SPACES FROM SOMEBODY NEARBY OR SOMETHING

LIKE THAT. >> OF PEOPLE DO NOT GO TO THAT

RESTAURANT. >> HAVE A QUESTION ABOUT WHAT CONSTITUTES, DOES THE PARKING SPACE HAVE TO BE ON THE

PROPERTY? >> THERE IS A PROVISION.

>> SHOULD IT BE ON THE STREET?

>> IT DOES HAVE TO BE OFFSTREET PRIVATE PROPERTY. COULD BE AN

ADJACENT LOT. >> THEY COULD AGREE WITH

NEIGHBORS. >> THEY WOULD HAVE A SHARED PARKING AGREEMENT. VERY COMMON WITH CHURCH USES THAT ARE NOT UTILIZING PARKING EXCEPT ON SUNDAYS. IF LOOKING AT THE ACTUAL SPECIFIC REGULATION OF ONE PER THREE SEATS ARE ONE PER 100, THE ONE PER 100 IS GENERALLY LESS RESTRICTIVE .

IT USUALLY WILL REQUIRE LESS PARKING SPACES THAN THE ONE PER THREE SEATS WHICH IS WHY WE RECOMMEND IT.

>> CAN YOU PUT BOTH IN THEIR ?

>> WE COULD DO THE LESSER OF EACH. IT WILL ALWAYS BE 100 BUT

WE COULD DEFINITELY DO THAT. >> ONE THING THAT CONFUSES ME AND I'M CURIOUS ABOUT IT, YOU SAID THEY ARE NOT CEDING ANYBODY UPSTAIRS. SO THEY ARE NOT USING THAT SO WE WOULD NOT COUNT THAT. BUT IF WE GO BACK TO ONE SPACE FOR 100 SQUARE FOOT OF GROSS FLOOR AREA , THAT TO ME MEANS THE ENTIRETY OF THE BUILDING EVEN IF THEY ARE NOT CEDING SOMEONE .

>> IT'S ALWAYS BEEN BASED OFF OF THE USE.

>> AND I HAVE A 5000 SQUARE-FOOT ANIMAL ME SITTING

IN 2000 SQUARE-FOOT. >> HIS USE OF THAT THE BUILDING CODE. IF THEY WANTED TO EXPAND UPSTAIRS, THEY HAVE NOT RECEIVED A CERTIFICATE OF AUTHENTICITY. THERE IS NO TYING TOGETHER. YOU WOULD HAVE TO DO OTHER BUILDING MODIFICATIONS TO USE THAT UPSTAIRS. THAT'S WHERE WE GET WHAT ARE YOU USING. WHAT'S THE CERTIFICATE OF OCCUPANCY AREA

BEING USED. >> IF I'M A BUILDING OWNER

[01:50:02]

DON'T HAVE A SECOND STORY IN A POPPING USE MAKE IT TO NOT COUNT THAT THE FIRST FLOOR IS NOT BEING IS BUT I HAVE TO COUNT THAT. I FEEL LIKE I'M BEING TREATED DIFFERENTLY THAN OTHER FOLKS THAT HAVE TO COUNT BUT THEY ARE NOT USING. I'M

TRYING TO ALIGN THOSE TWO. >> YOU ONLY USE WHAT IS OUTLINED ON THE FLOOR PLANS. IF YOU WANTED TO WHILE OFTEN SAM USING THIS PORTION OF MY BUILDING AND SHE'S UPSTAIRS AND SAY I'M NOT USING THAT, THAT COULD BE A STORAGE USE OR VACANT USE. IT'S ALL DELINEATED BY THE FLOORPLAN .

GROSS FLOOR BUILDING, THAT'S IN USE ?

>> THIS WOULD BE APPLICABLE TO A LEASE SPACE. OR IF IT WAS AN ENTIRE BUILDING . IT'S VERY COMMON FOR BUILDINGS TO HAVE A VACANT SPACE UNUSED. THAT'S WHAT I'M LOOKING FOR NOW.

>> IT IS SUCH AN INDUSTRY STANDARD WE ARE USED TO PARCELING OUT BASED ON THESE FLOOR PLANS.

>> THE WORD GROSS FLOOR AREA IS THE QUESTION? YOU WOULD SAY

JUST FLOOR AREA ? >> THIS IS EASIER FOR NEW DEVELOPMENT. WE ARE A CITY THAT'S 200 YEARS OLD AND THERE IS EXTENSIVE REDEVELOPMENT WHICH I THINK CAUSES HEARTBURN

FOR EVERYBODY. >> ONCE YOU PUT AS AN EXEMPTION , WHAT IF IT'S OUTSIDE OF THIS DISTRICT?

>> ANOTHER PARKING IS REALLY EXPENSIVE TO THE EXTENT THAT I HAVE TO BUILD PARKING THAT THEY WILL NEVER USE WHEN BUYING A BUSINESS IS A BARRIER TO ME I DON'T USE ALL OF MY BUILDING.

>> IS ALWAYS BEEN REALLY FLEXIBLE WHEN IT COMES TO SEPARATE SPACES. IF YOU HAVE 2000 SQUARE FOOT WIDE OPEN SPACE AND OPENING A RESTAURANT OR SAYING I'M NOT USING A THIRD OF THIS. WITH IT NOT BEING SECOND ENCROACHES, THAT'S HER WE SAY NO, THAT IS YOUR SPACE AND IF YOU WANT TO PUT A PARTITION WALL AND DOOR AND SAY THAT STORAGE, THAT'S BEEN A LONG PRACTICE. IT JUST SAYS FLOOR AREA.

>> WE ARE ALWAYS TRYING TO GET AWAY FROM LONG PRACTICES THAT ARE NOT WRITTEN AND WRITE IT CORRECTLY.

>> IS NOT ACTUALLY SPECIFIED.

>> GROSS FLOOR AREA -- >> IS AN INDUSTRY STANDARD.

YOU PULL UP ANY CITY ORDINANCE AND HAS SIMPLE LANGUAGE THAT'S HOW IT IS PRACTICED CITY OVER CITY .

>> IT IS A RESTAURANT. YOU HAVE TO HAVE PARKING FOR THE COOKS AND WAITSTAFF AND ALL THAT. THERE IS A DEVELOPMENT ON NORTH MAIN STREET THE HAS A RESTAURANT THAT HAS SOME BUSINESSES AND THEN HAS A HUGE BUILDING IS VACANT AND HAS BEEN VACANT FOR A LONG TIME THAT CLEARLY DOES NOT HAVE ENOUGH PARKING. I DON'T WANT TO ENCOURAGE THAT EITHER. THAT IS CAPITALISM TAKING OVER AND IT LEAVES THE CITY WITH A

VACANT BUILDING . >> I LIKE THE IDEA OF GIVING OPTIONS INCLUDING ALL OPTIONS AND SAY TAKE THE LESSER, PICK THE ONE YOU LIKE. I WOULD ALSO LIKE THE IDEA OF INCLUDING AND NOT GROSS FLOOR AREA BUILDING IN USE FOR SEATING USE OR DINING SERVICE USE OR SOMETHING ALONG THOSE LINES SO WE CLARIFY. WHAT I HEAR YOU SAYING IS TIE ORCHIDS IS A LITTLE BIT DIFFERENT BECAUSE IT'S PHYSICALLY SEPARATED BY AN UPSTAIRS OR DOWNSTAIRS VERSUS NOT BEING PHYSICALLY SEPARATED AND A LARGE AREA UNLESS THEY PLAY PARTITION UP.

THAT BEING PHYSICALLY SEPARATED WOULD CREATE A SMALLER USAGE AREA . MORE OPTIONS ARE BETTER AS FAR AS I'M CONCERNED

[01:55:07]

IN TERMS OF LET'S PICK THE ONE THAT FITS. I KNOW EVERY BUILDING IS DIFFERENT WHEN SOMEBODY'S TRYING TO REDO IT OR REPURPOSE IT. IF WE CAN GIVE THEM MORE OPTIONS TO SAY WE ARE OKAY WITH ANY OF THESE, I THINK THAT IS A WAY TO HELP REDUCE OR LESSEN THE BURIALS FOR ENTERING THOSE THAT DO BUSINESSES.

PERSONAL OPINION. ANYWAY FEEL FREE TO PUT IN THEIR REMARKS.

CHANGE THE TERM INTENDED RESTAURANT AREA .

>> BASED UPON REQUESTED CERTIFICATE OF AUTHENTICITY.

>> TABLE JUST AS GROSS FLOOR AREA. WE JUST BEEN INTERPRETING BUILDING. IT DOESN'T ACTUALLY SAY OF BUILDING. WE CAN ADD AN ASTERISK THAT PARKING REQUIREMENTS WILL BE BASED OFF

OF SQUARE FOOTAGE OF USE. >> I THINK THE OFF CEDING ORDER OCCUPANCY MIGHT BE GOOD LANGUAGE TO KIND OF BLEND THAT WITH 100 SPACE PER 100 SQUARE FEET. IS THAT KIND OF THE AREA YOU'RE TRYING TO LIMIT IT TO OR TRYING TO DEFINE THAT THE

PARKING COMES FROM THAT. >> TRYING TO DEFINE THE GROSS FLOOR AREA BEING USED FOR THE IDENTIFIED PURPOSE . TO ME, THE PARKING HAS MORE TO DO WITH SEATING THAN IT DOES ANYTHING

ELSE. >> ALL TYPES OF USES GENERATE PARKING DEMAND WHICH IS WHY WE HAVE THE WHOLE TABLE OF USES. I THINK TO A COMPASS WHAT YOU'RE TRYING TO DO, THE AMENDMENT SHOULD STATE THERE SHOULD BE AN ASTERISK ADDED TO THE TABLE TO DASH ONE THAT PARKING WILL BE BASED OFF THE LISTED USAGE .

WHAT I JUST SAID. I THINK WE ALL UNDERSTAND WHAT WERE SAYING, IT'S BASED OFF OF THE AMOUNT OF PARKING BASED OFF THE USE OR PORTION OF THAT USE OF THE BUILDING AND WE WILL DEFINITELY WORDSMITH THAT. THE LESSER OF ONE PER THREE OR ONE

PER 100. >> I LIKE THE OPTIONS CONCEPT.

THE WORDING. TO APPROVE IT. >> IF WE CAN GET SOME WORDING WE CAN MAKE A MOTION TO AMEND OR APPROVED

>> WHAT IS THE NEXT SLIDE ? REQUESTED ACTIONS AS NEXT

STEPS, RIGHT? >> THIS EVENING WHAT WE ARE REQUESTING IS AN APPROVAL OF THE ORDINANCE OF THIRD READING AND SHOULD OFTEN OR OPT OUT DATE OF JUNE 1ST, 2024. ANY ADJUSTMENTS TO SUPPORT CODIFICATION INTO THE BOARD OF ORDINANCES. THAT'S IN CASE THERE IS SOME WORK OF PUTTING THIS IN THE CODE OF ORDINANCES AND THE TABLE NUMBERING SYSTEM OR SOMETHING LIKE THAT. GIVES THE CITY SECRETARY SPACE TO MAKE AN ADJUSTMENT AND THEN THE CEMENTING LANGUAGE THAT

JULIE IS QUICKLY TYPING . >> I CAN FIX THAT WITH A TABLE OR SOMETHING UNTIL THE END OF THE MEETING AND TABLE IT TO ANOTHER MEETING OR NOT TAKE ACTION UNTIL THE END OF THE MEETING. THE OPT OUT PROVISION, LET'S TALK ABOUT THAT FOR A MINUTE. I THOUGHT WE WERE GOING TO OPT INTO IT WITH AN EFFECTIVE DATE OF JUNE 1ST.

>> THE OPT IN WOULD BE A LOT MORE DIFFICULT FOR MY STAFF TO ADMINISTER BECAUSE THE NUMBER OF PEOPLE THAT ARE BENEFITING FROM IT ARE MUCH HIGHER. THAT'S WHY WE ADDED THOSE EXAMPLES IF THEY FOLLOW THE NEW ORDINANCE, IS EASIER FOR THEM TO GET TO THE PROCESS. PEOPLE ARE CALLING SAYING I WANT TO DO THIS AND WE EXPLAIN OFF OF THE NEW ORDINANCE BECAUSE KNOWING THE OLD ORDINANCE WOULD BE MORE DETRIMENTAL TO THEM. THEN THEY CAN JUST MOVE FORWARD WITH THE APPLICATION RATHER THAN EXPLAINING THAT THIS IS WHAT THE ORDINANCE SAYS, BUT YOU CAN OPT INTO THIS ORDINANCE AND WE HAVE TO HAVE THE PAPERWORK SIDE SAYING THEY WILL OPT OUT OR OPT IN SO THEY VERIFY THEY ARE SAYING WHAT THEY WANT. IF WE CAN MOVE FORWARD WITH

[02:00:01]

ADMINISTERING WHAT IS BENEFITING PRETTY MUCH EVERYONE BASED OFF OF THESE. OUR PHILOSOPHY IS HOW TO GET TO YES. WE WILL ALWAYS TELL PEOPLE WHAT IS THE EASIEST PATH.

THERE WILL BE A LOT MORE PEOPLE OPTING AND THEN OPTING OUT.

>> WE TALKED ABOUT EFFECTIVE DATE OF JUNE 1 BECAUSE YOU NEEDED TIME TO GET FORMS READY. I'M CURIOUS THEN HOW DO YOU SET AN EARLIER EFFECTIVE DATE IF YOU'RE NOT PREPARED WITH

FORMS AND EVERYTHING ELSE? >> IT'S NOT SO MUCH THAT , THE OTHER PART IS IF MY STAFF MAKES AN HOOPS BECAUSE THEY ARE SO TRAINED ON THE OLD, THAT IT'S EASIER TO GO BACK AND SAY THEY ARE ADMINISTERING OFF OF THE NEW BUT THEY TOLD YOU INCORRECTLY. BUT WE DID NOT TELL YOU ABOUT ALL OF THESE OPTIONS TO KIND OF MAKE SOME HAS TO START OVER. I GUESS IT FEELS LIKE IT'S LESS OF A GOT YOU TO JUST GO AHEAD AND START TRAINING STAFF AND GETTING IT BECAUSE AS FAR AS WHAT WE HAVE BEEN TRACKING, PEOPLE WILL BE BENEFITING FROM THIS EXCEPT FOR THE CONTRACTOR LICENSING SHOULD BE A STANDARD. WHAT I DON'T UNDERSTAND HOW YOU CAN OPT OUT OF JUST CERTAIN

PROVISIONS. >> YOU OPT OUT OF THE WHOLE THING. IT'S ALL OR NOTHING. IF IT GOES INTO EFFECT ON FEBRUARY 6 BECAUSE IT WOULD GO INTO EFFECT WHEN IT IS WRITTEN

VERSUS WHEN APPROVED. >> IF SOMEBODY WANTED TO OPT OUT BECAUSE THE OLD WAS BETTER FOR THEM FOR WHATEVER REASON, THEN THEY WOULD OPT OUT. OTHERWISE STAFF WOULD BE ABLE

TO START OPERATING. >> WHY WOULD A CONTRACTOR SAY I'M WORKING ON THIS PROJECT AND I WANT IT TO FOLLOW UNDER THE NEW UVL BUT I DON'T WANT INSURANCE.

>> IT IS ALL APPLICATION BASE. THE CONTRACTOR GENERALLY , THEY'RE PULLING THE PERMIT AND BUILDING CODE IS NOT CHANGING. THIS IS MORE THE SITE PLAN AND PLANNING RULES. YOU HAVE A LOT OF DIFFERENT PARTIES AND A LOT OF DIFFERENT APPLICATIONS, EVEN FOR ONE PROJECT. IT'S NOT SO MUCH THAT IT WOULD BE THAT WE ARE OPTING OUT ON THE PLANNING ON THIS SETBACK BUT NOT THE SETBACK . IT WOULD BE PROCESSES. IT WOULD FOLLOW 21 NOW OR YU-GI-OH IN THE FUTURE.

THE PLAT IS NOT THE SAME AS A CONTRACTOR COMING TO LICENSE FOR THE WHOLE YEAR. THEY ARE SEPARATE PROCESSES. EACH PROCESS WOULD BE BASED OFF OF THE CODE THAT IS MOST BENEFICIAL IS HOW I WOULD UNDERSTAND THE IMPLEMENTATION

OF IT. >> WE ARE TALKING ABOUT GENERAL

CONTRACTORS, RIGHT? >> CHAPTER 235 LOCAL GOVERNMENT CODE SO THEY ARE REPLICATING STATE LIE LITTLE BIT. OPT IN OR OPT OUT . IT HAS THE SAME EFFECTIVENESS

EITHER WAY. >> I FEEL IT ULTIMATELY WOULD BE LESS CONFUSING BECAUSE SO MANY OF THE RELAXATIONS WE'VE MADE WE CAN JUST TELL STAFF OR TELL APPLICANTS TO GO THIS PATH. IT'S THE EASIEST PATH RATHER THAN HAVING TO EXPLAIN

TWICE. >> IS I GIVE ADEQUATE TIME FOR YOUR STAFF BECAUSE YOU SAID YOU DON'T WANT TO CREATE CONFUSION IF YOU'RE OPTING IN BECAUSE THE STAFF MIGHT BE CONFUSED ABOUT THE CODE. WHAT CHANGES?

>> THE PLAN WE DID NOT HAVE AT THE LAST MEETING IS TO HAVE PRESIDENTS' DAY COMING UP AND WE TALK TO THE STAFF. EVERYONE COME IN SO WE DON'T HAVE TO SHUT DOWN THE OFFICE AND HAVE NEW DEAL BOOT CAMP ON PRESIDENTS' DAY . THEY WOULD GAIN THOSE HOLIDAY . THEY'RE BEING TRAINED ON THE SETBACKS

[02:05:02]

THAT DON'T GO TO THE PLAN REVIEWERS.. THAT THE IDEA OF A HAS CHANGED AS HAVING EDO BOOT CAMP ON PRESIDENTS' DAY.

>> WHEN SOMEBODY COMES IN, IS YOUR STAFF GOING TO TELL THEM, HERE'S WHAT THE NEW EDO IS AND BY THE WAY YOU HAVE THE ABILITY TO OPT OUT. DEALING WITH AND ASK IS IF YOU ARE GOING TO TELL THEM WHAT YOU THINK IS PROBABLY IMPORTANT THAT WE DO AND COMMUNICATE THAT, YOU HAVE TO EXPLAIN BOTH OF THEM ANYWAY. THE FIRST THING I WILL SAY IS IF I OPT

OUT WILL THAT LOOK LIKE? >> ARE GOING TO HAVE SIGNS AND NOTES ON THE APPLICATION IN THE INTERIM. IF ASKED WHAT IS HIS OPT OUT AND OF COURSE. AND THE CONTRACTORS AND SITE PLAN DESIGNER AND SUPPORTER AND ALL OF THEM, THAT'S REAL EASY.

IT'S YOUR CITIZEN OR HOMEOWNER COMING IN AND WORKING THROUGH THEM ON THEIR OWN WHICH IS ADMITTEDLY A MUCH SMALLER

PORTION OF OUR CLIENTELE. >> WE ALWAYS COMMUNICATE THE PATH OF LEAST RESISTANCE. IT'S A HARD DAY TO TELL PEOPLE KNOW.

BECAUSE WE TOLD HIM THEY HAD TO GET THOUSANDS OF DOLLARS IN A DRIVEWAY OR WHATNOT. IT'S NEVER OUR INTENTION TO MISLEAD PEOPLE. THESE ARE MORE RESTRICTIVE RULES AND YOU SHOULD DO IT THIS WAY. THAT'S THE WHOLE PURPOSE. I THINK THE WATERS GOT REALLY MUDDIED. WHEN IT COMES TO NEW CONSTRUCTION, A LOT OF THIS WAS COPYING AND PASTING WHAT WORKED. WHAT WAS NOT WORKING IS THE AFFORDABLE HOUSING SIDE. IT COST TO PUT ON A LOT. THOSE OTHER THINGS THAT THE STUDIO IS DRASTICALLY REDUCING . .

>> THIS WILL AFFECT THE FORM YOU GIVE PEOPLE WHEN THEY BUY THE TRAILER HOMES AND HAVE A CHECKOFF LIST. REMEMBER I TOLD YOU THAT A MAJOR CONCERN OF MINE. MAKE SURE THE OWNER UNDERSTANDS WHAT HE'S SIGNING . SOMETIMES I DON'T HAVE ALL THE COST IN THERE AND THEY DON'T KNOW THEY HAVE TO PUT A SIDEWALK OR ANYTHING LIKE THAT AND IT'S VERY IMPORTANT THAT THAT GETS -- TAKING ALL OF THE OLD FORMS AND PUTTING THEM IN A FOLDER THAT ONLY HAS ACCESS TO. IT IS AN OPPORTUNITY IN HER SLEEP NUMBERS ARE WRONG ALL THE FORMS. IT'S AN OPPORTUNITY TO CLEAN SLATE, FIX ALL OF THE THINGS.

>> I UNDERSTAND THIS IS A COMPLICATED THING. BUT THE BEAUTY IS IT MAKES IT EASIER FOR SOME PEOPLE. WE WANT TO MAKE SURE THEY DON'T MAKE IT HARDER FOR OTHER PEOPLE.

>> IS ALWAYS HARD WHEN THERE IS CHANGE. IT'S ALWAYS HARD WHEN THERE'S CHANGE. WE ARE GIVING PEOPLE OPTIONS. WE COULD PASS INTO AWAY WITH THE OPTIONS BUT THE THING IS, THOSE PEOPLE STILL WOULD BENEFIT THEY CAN STILL BENEFIT FROM THIS.

>> I UNDERSTOOD IT AS OPT INTO THE PROGRAM BECAUSE THE WAY I HEARD IT IS THAT IT GIVES US TIME TO GET TRAINED AND GET THE FORMS PUT IN PLACE. AND THAT'S WHAT I HEARD AT THE

LAST MEETING. >> I DO APPRECIATE THE OPT OUT VERSUS OPT IN. IF THERE IS AN INADVERTENT HOOPS, BUT DID NOT MEAN TO BE MORE RESTRICTIVE ON THAT. WE KNOW WE HAVE TO BRING THEM BACK BECAUSE OF GOT NOTICE OF THE REGULATIONS OR THE NEW

[02:10:03]

MAPS TAKING EFFECT JULY 24TH WE DON'T HAVE ALL OF THE LANGUAGE TO MAKE THAT INTO THIS. THAT WILL BE BACK. WE HAVE TO KEEP A RUNNING TALLY. THERE WILL BE THE OPPORTUNITY IF THERE ARE ANY UNINTENDED HOOPS FAR SECTIONS AT THE OPT OUT. THEY DO WANT TO GO INTO FULL EFFECT AND GENERATE 31ST.

>> CONTRACTORS REGISTER EVERY YEAR WITH THE CITY ?

>> IF YOUR LICENSE EXPIRES JULY 28, YOU HAVE TO GET A NEW ONE JULY 28TH. THEY DON'T ALL EXPIRE GENERALLY 21ST. AS THEY

EXPIRE, THEY RENEW THEM. >> WHEN THEY GO TO PULLEY PERMIT ON JUNE 1ST THEY HAVE TO SHOW THEIR INSURANCE.

>> YES ON JUNE THE FIRST BUT NOT MAY 31ST IS MY

UNDERSTANDING. >> IT DOES NOT MATTER ABOUT THE

REGISTRATION DATE. >> I MISUNDERSTOOD YOUR QUESTION. HOW I UNDERSTAND IT, THAT IS A REQUIREMENT TO GET CONTRACTORS LICENSE. ARE YOU PULLING THE LICENSE ON MAY

31ST, YOU HAVE ANOTHER YEAR. >> TO ALLOW FOR TO REOPEN ON

MAY 31ST? >> GENERALLY HOW WE HAVE HANDLED IT IS TO BE APPLIED TO LICENSE EXPIRING ON THE 30TH BUT IT WILL NOT TAKE EFFECT UNTIL APRIL 30TH, 2024. YOU

CAN SUBMIT IT NOW. >> WAS THE REGISTRATION FEE?

>> 250. IT'S BASED OFF OF YOUR EXISTING LICENSE.

>> WE WILL COMMUNICATE THAT AS WELL SO I DON'T HAVE A FLOOD OF PEOPLE COMING IN THE LAST WEEK OF MAY .

>> IF THEY DO WE WILL CALL YOU AND SAY THANK YOU.

>> I JUST WANT TO MAKE SURE WE HAVE THAT IN PLACE. I WOULD DO

IT. >> MY ANSWERS ARE SOMETIMES NOT CLEAR. IT'S NOT ALWAYS EASY.

>> I WOULD SEE SCENARIOS AND THINGS TO PUT IN THERE AND IN SOME INSTANCES THEY REDUCE IT. IN SOME INSTANCES, THEY INCREASE IT. I LIKE THE OPTION OF GOING WITH THE LESSER.

>> PARKING CALCULATION SHOULD BE BASED OFF OF THE USE OF THE BUILDING. BASED OFF THE USE OR PORTION OF USE WITHIN THE

BUILDING. >> HOW BIG OUR FOOD TRUCK PARKS

USUALLY? >> WE DON'T HAVE ONE IN VICTORIA. FOOD TRUCK PARKS IS MUCH MORE THAN DEVELOPMENT SERVICES. IT IS THE FIRE DEPARTMENT, HEALTH DEPARTMENT, I THINK CITY SECRETARY HAS SOME LICENSING. FOOD TRUCKS CAME IN AND PICK HIM UP A FEW WEEKS AGO AND MY RECOMMENDATION IS ULTIMATELY THERE NEEDS TO BE A COMMITTEE. DEVELOPMENT SERVICES HAS THE SMALLEST DOG IN THE FIGHT WHEN IT COMES TO FOOD TRUCK PARKS ARE THERE SO MANY CONCERNS ABOUT WASTE LIKE PRETREATMENT AND THE HEALTH DEPARTMENT . IT REALLY NEEDS A COMMITTEE TO LOOK HOLISTICALLY. WE CAN DO THAT

BETWEEN NOW AND JUNE 1ST. >> IN THE PARKING OF HERE IMAGINE A FOOD TRUCK PARKED BEING IN AN ACRE. EVERYBODY

[02:15:02]

KIND OF GOES THERE AND HANGS OUT. IT WAS AN ACRE, IT'S 435 PARKING SPOTS. WE ARE AT ONE FOR 100 SQUARE-FOOT JUST LIKE A RESTAURANT. THAT IS JUST THE GENERAL AREA. IT'S NOT

ENCLOSED SPACE. >> I COME FROM FOOD TRUCK

PARKED MECCA. >> THE TYPICAL FOOD TRUCK PARK IS USUALLY AROUND FOUR. FOUR UP TO SIX. ONCE YOU GET BEYOND THAT IT BECOMES DIFFICULT TO MANAGE. AND THE MATH GETS LOUSY FOR THE OWNERS. THEY ARE USUALLY A PRETTY OF STABILITY AND THE TRUCKS THAT ARE THERE. THEY USUALLY ARE ON SMALLER LOTS. I'VE NOT SEEN ONE ON AN ACRE. A GOOD PORTION OF THAT IS TAKEN UP BY THE FOOD TRUCKS THEMSELVES. YOU END UP WITH A

DINING AREA. >> WE WOULD ONLY CALCULATE THE

DINING AREA. >> EVENTUALLY WANTING TO HAVE THE DOUBLE METHODOLOGY . THAT'S WHAT THAT COULD COME IN HANDY BECAUSE OUTDOOR SPACES ARE SOMETIMES HARDER TO FIND.

PARKING CALCULATION . >> ONE PER 100 SQUARE-FOOT SEEMED LIKE A LOT OF PARKING. I KNOW THERE WERE TALKS YEARS AND YEARS AGO ABOUT A PARK AND HAVING CHILDREN'S PLAYGROUND AND ALL OF THE STUFF THAT DID COME TO FRUITION. MAYBE ONE DAY THE RIGHT INVESTOR. I DID NOT WANT TO BE AN IMPEDIMENT TO

THAT >> WE HAVE A MOTION AND A

SECOND. >> CAN YOU TELL US WHAT THAT

SECTION IS? >> ADDING IT TO TABLE TO DUST ONE, PARKING ALKYLATION SHALL BE BASED OFF THE USE A PORTION

OF USE WITHIN THE BUILDING. >> WHEN YOU ASKED JULIE THAT QUESTION SHE SAID LET ME READ IT FASTER THAN THE FIRST TIME.

IN THE BUILDING DOES NOT MAKE ANY SENSE TO ME.

>> WHEN YOU PUT INTO THE CONTEXT OF THE ENTIRE TABLE, THE TABLE OF ALL OF THE DIFFERENT PARKING CALCULATIONS.

THE TABLE IN THE CORNER. THAT WE ARE AMENDING.

>> IT'S ON THE LAND-USE TABLE. I DON'T KNOW IF WE HAVE A SLIDE OF. THAT'S NOT IN THE BUILDING CODE. IT'S THE LAND-USE TABLE THAT IS THE LARGE TABLE THAT SAYS THE USE AND PARKING REQUIREMENT AND LOT SIZE AND SETBACKS IN THE

BUILDING HEIGHT . >> AND TRYING TO GET AN AMENDMENT THAT MAKES SENSE. 13. THIS.

>> IT WOULD BE FOR THE ENTIRE TABLE.

>> WOULD BE BASED ON PORTION OF USE IN THE BUILDING.

>> IT'S BASED OFF OF THE SQUARE FOOTAGE.

>> BASED ON THE USE AS A RESTAURANT ?

>> FOR ANY OF THOSE USES. >> IS STILL APPLIES TO

EVERYTHING IN THE TABLE. >> I WOULD LIKE TO AMEND TABLE 2.1 WITH AN ASTERISK ON THE CALCULATION THAT SAYS BASED ON THE USE OR PORTION OF USE WITHIN THE BUILDING . AND

[02:20:02]

ANOTHER ADDING TO THAT AMENDMENT TO THE LESSER OF TWO WITH THE RESTAURANT REQUIREMENTS AS CURRENTLY

WRITTEN. >> AND FOR THE RESTAURANTS BUT THE LESSER OF TWO BLENDING WHAT WE CURRENTLY HAVE WITH THE ONE PER 100 . THE LESSER OF THOSE TWO. I MAKE THAT MOTION. I DON'T KNOW IF THERE'S GOING TO BE A SECOND.

>> I UNDERSTAND WHAT YOU'RE SAYING.

>> THAT MAKES ONE OF US. >> WE WILL ADD THE ASTERISK AS DEFINED BY MISS SCOTT. WE ALL KNOW WHAT WE ARE DOING, RIGHT? TRYING TO QUALIFY WHAT THEY USE FOR THAT SPECIFIC

PURPOSE. >> UNDERSTAND YOUR INTENT.

>> WE WANT TO MAKE SURE IT READS RIGHT. SO THAT IF YOU'RE NOT THERE, SOMEONE ELSE IS NOT INTERPRETED DIFFERENTLY WITHOUT AMENDING IT AND ALSO LESSER OF THE TWO PARKING CALCULATIONS . EMOTION AND SECOND ON THE AMENDMENT. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. THOSE OPPOSED, SAME SIGN. NOW WE HAVE AN AMENDED MOTION ON THE FLOOR TO APPROVE THE FINAL READING. ANY OTHER AMENDMENTS OR DISCUSSION ? SINCE THERE IS NO FURTHER DISCUSSION -- ALL OF THOSE IN FAVOR OF APPROVING THE AMENDED MOTION TO APPROVE THE MOTION AS AMENDED ? YES, THANK YOU. ALL OF THOSE IN FAVOR, AYE. THOSE OPPOSED ? MOTION CARRIES.

CONGRATULATIONS. GREAT WORK BY EVERYBODY.

>> THAT DESERVES A ROUND OF APPLAUSE.

>> THAT BY FAR WAS THE BIGGEST ITEM THAT CAME FROM THE 2035 PLAN ADOPTED IN 2016. HERE WE ARE FINALLY.

>> I THINK I AM TAKING A VACATION.

>> YOU HAVE PRESIDENTS' DAY COMING UP. CAN EVEN TAKE A

THREE DAY WEEKEND. >> SAYING THAT THE DISCUSSION TOOK AN HOUR, HOW ARE YOU ON THE CITY MANAGER REPORTS?

>> WE CAN SKIP EXECUTIVE SESSION. WE CAN TABLE EMINENT

DOMAIN. >> WE CAN TABLE THAT AGAIN.

>> IT WOULD BE NICE TO GET TO THE TWO STAFF REPORTS .

>> AND MINDFUL OF THE 15 MINUTE TIME LIMIT.

>> IF I'M NOT DONE IN FIVE I MIGHT BE DEMOTED.

>> HE HAD NOTHING TO DO WITH THAT CONVERSATION. HE WAS

[1. Environmental Services 2023 Annual Report. Darryl Lesak, Director of Environmental Services]

GETTING AGAIN MAYOR AND COUNCIL. TONIGHT I WANT TO TALK ABOUT BUT THE ENVIRONMENTAL SERVICES DEPARTMENT DOES FOR THE MOST PART. THAT INCLUDES SOLID WASTE , COMMUNITY APPEARANCE AND NOT PEOPLE THAT WORK WITH THE CODE ENFORCEMENT FOLKS. ONE OF THE THINGS WE WANT TO BRING TO HIGHLIGHT THIS YEAR IS TALK ABOUT THE CLEANUP. SOMETHING NEW WE PUT IN THIS YEAR, WE WENT TO KEEP TEXAS BEAUTIFUL AND THEY HAVE A CALCULATOR FOR VOLUNTEER TIME BECAUSE I THINK IT'S IMPORTANT WHEN WE TALK ABOUT THE NUMBER OF VOLUNTEERS, WE HAD FOUR EVENTS LAST YEAR TOTALING OVER 850 VOLUNTEERS. THAT IS FOUR HALF-DAY EVENTS. THAT'S GREAT. WHEN YOU LOOK AT THE EARTH DAY CLEANUP WE DID IN APRIL AND YOU TAKE THOSE HOURS THAT THOSE 524 VOLUNTEERS PUT IN, CALCULATES OUT TO ABOUT $14,900. YOU WILL SEE THE SAME FOR THE FALL SWEEP. WE HAD EVEN MORE PEOPLE. IT'S 20,000. ONE TOO MANY, TWO TOO MANY.

WE ARE GOING BACKWARDS. ALL RIGHT HERE WE GO. WE HAVE THE

[02:25:23]

QUEEN CITY PHASE ONE AND PHASE TWO MEXICAN TO THE DOLLAR AMOUNTS THERE. WHEN YOU LOOK AT THOSE FOUR CLEANUPS, TAKE THE CALCULATOR TO KEEP TEXAS BEAUTIFUL PUTS OUT FOR THAT CITY 4396 DOLLARS WORTH OF VOLUNTEER WORK THAT WAS DONE LAST YEAR JUST ON THE FOUR CLEANUPS. TWO NEIGHBORHOODS AND ALL ACROSS THE CITY, I THINK THAT IS FAIRLY IMPRESSIVE FOR WHAT WE DO. I THINK CHRIS, STEVE AND KEEP VICTORIA BEAUTIFUL GETS A LOT OF THAT CREDIT. WE ALSO DO QUEEN SLEEVES. THESE ARE DONE BY PEOPLE WHO CALL IN AND THEY WANT TO DO SOMETHING OR WE WANT THEM TO DO SOMETHING. THEY MAY PICK OUT THE AREA, WE MAY PICK OUT THE AREA. WE DID 10 OF THOSE AND PICKED UP 58 BAGS OF TRASH AND HAD 70 VOLUNTEERS.

THE CLEANED UP ABOUT SEVEN MILES OF ROADWAY WE JUST FINISHED IN AUGUST, THE FIRST YEAR OF THE WEEDY LAW ABATEMENT PROGRAM. IF COUNSEL WILL REMEMBER THAT SOMETHING WE WANT TO TRY AND IT HAS WORKED VERY WELL. WE DID 397 PROPERTIES.

WE HAD TO CENSOR THREE PROPERTIES OUT TO CONTRACTORS BECAUSE OF THE SIZE OF THE PROPERTY OR SIZE OF THE JOB.

TWO EMPLOYEES DO NOT HAVE THE EQUIPMENT OR TIME TO REALLY DO THOSE ARE THE BIG JOBS. WE ARE TALKING MOWING SEVEN ACRES OR 10 ACRES AND CLEANING UP WHERE THERE IS AN UNGODLY AMOUNT OF WASTE THAT HAS TO BE HAULED OFF IN TRAILERS AND SO ON. OUR AVERAGE TIME IS ABOUT ONE HOUR PER. WHICH IS BETTER THAN WHAT I HAD PROJECTED. EVERYBODY HAS SEEN THE OUR PROJECT ON THE RENT IT LOOKS GREAT. AND ONE OF THE THINGS WE ARE LOOKING AT, WE'RE LOOKING AT SOME STUFF, MOVIE COULD DO WITH THE UNDERPASS. CURRENTLY COMMUNITY APPEARANCE FOLKS ARE MAINTAINING 14 LANDSCAPING FLOWERBEDS, FOUR ENTRYWAY SIGNS AND RECENTLY FINISHED THE SIGNS ON HIGHWAY 77 . FOUR CONTAINER PROJECTS AND 14 TREE BEDS WE MAINTAIN MOST OF THAT IS PART OF THE PROJECT WE COMPLETED LAST YEAR.. HOW MANY OF YOU HAVE BEEN TO THE LANDFILL? WE ARE FIXING TO DO A FLYOVER THANKS TO AJ AND MEDICATIONS THAT WORK WITH US TO DO SOME DRAWING FOOTAGE. WHAT YOU'RE SEEING IS KIND OF A GOOD AERIAL VIEW . AND SO THAT NEW RUNS ALONG THE WAY BECAUSE OF 244 ACRES THAT WILL SOON BE LANDFILL THAT'S

CURRENTLY FARMLAND. >> THAT IS THE AREA THAT WE CLOSE. THAT'S ANOTHER VIEW OF THE NEW LANDFILL AREA. THAT'S THE COMPOST FACILITY. FOR THOSE OF YOU WHO MAY NOT HAVE BEEN OUT THERE AND SEEN WHAT ALL WE DO OUT THERE.

>> I LOVE THE MUSIC BY THE WAY. HE'S GOING TO FIX IT NEXT

TIME. >> HE'S GOT THE WHOLE AREA AND

I DID NOT SEE ANY TRASH AT ALL. >> THAT IS THANKS TO REPUBLIC AND OUR PURPOSE SAYS WE HAVE TO KEEP IT CLEANED UP. AS LONG AS YOU DON'T HAVE ANYBODY FIGHTING US IN BUILDING THAT EXPANSION. REPUBLIC DOES A REALLY GOOD JOB OUT THERE. THE THING I WANT TO TOUCH ON LAST YEAR, WE TALKED ABOUT THE CART AUDIT THIS YEAR. I WANTED TO TALK ABOUT THE SHEER NUMBER OF CARDS. PEOPLE ARE LIKE THERE ARE SO MANY CARDS, HOW MAY CARTS ARE THERE QUESTIONS WE HAVE ABOUT 20,300 CUSTOMERS AS OF THE END OF DECEMBER. SO WE HAVE 5900 ADDITIONAL CARTS.

THAT'S EVERYBODY WHO HAS AN EXTRA CART. IT'S $6.50 PER CARD. WE HAVE THE SAME 20,123 CUSTOMERS FOR RECYCLING AND WE HAVE 2977 ADDITIONAL RECYCLING CARTS. THAT JUST GIVES YOU ABOUT A QUARTER OR MORE THAN A QUARTER OF THE CITY NOW HAS AT LEAST ADDITIONAL ONE EXTRA CART. WE WILL TALK A LITTR ABOUT 1721 TIMES . WE MIXED

[02:30:02]

PAPER AND CARDBOARD. OUR TWO BIGGEST THINGS . WE EXPECT TO GET A LOT OF ALUMINUM 10.. WHAT DID WE DO WRONG? CONTAMINATED ITEMS. YOU WILL SEE A LOT OF STUFF COMING OUT ABOUT THIS NOW. KRISTI AND STEPH ARE WORKING HARD TO TRY TO GET THE MESSAGE OUT. CONTAMINATED ITEMS, THOSE ARE ALL THE THINGS THAT WE DON'T WANT. YARD WASTE, CLOTHING, TENTS, IGLOO ICE CHESTS, TARPS. THAT MAKES A 31% OF THE ITEMS NOT ACCEPTED. ANOTHER BIG ONE IS UNRECOVERABLE RECYCLING . WHAT IS THAT? THAT STUFF THAT'S RUINED IN THE LOAD BECAUSE OF LIQUIDS, PAINS, MIXED IN WITH FOOD WASTE. THOSE ARE THINGS THAT I RECYCLE ARE CANNOT. THEY RECYCLABLE BUT CANNOT BE USED BECAUSE OF THE CONDITION THAT THEY ARE IN OR THE SUBSTANCE THAT COVERS THEM. AND THEN YOU WILL SEE PLASTICS, GLASS AND PLASTIC BAGS ARE NOT THAT LARGE AND E-WASTE, WE HAVE NONE. THE BEAUTY OF E-WASTE, WE HAVE THE HA CHEVY PROGRAM THAT TAKES CARE OF ALL OF THAT WHICH BRINGS US TO THE HH W PROGRAM. ELECTRONICS MAKES UP 66% OF THAT PROGRAM. AND THEN YOU CAN SEE 12%, CHEMICALS, FILTERS, LATEX PAINS. SHARPS IS IMPORTANT TO BRING UP. PEOPLE WHO HAVE DIED BILLIE -- DIABETES HAVE TO TAKE SHOTS.

YOU CAN PUT THOSE IN A PATH CONTAINER THEY HAVE TO PICK THOSE UP. KEEP THAT IN MIND. AND YOU HAVE YOUR AEROSOLS, BATTERIES AND OTHER THINGS WHICH MAKE UP ABOUT 2% . WHAT ARE WE DOING NEXT? WE ARE LOOKING AT HIGHWAY 59 AND HIGHWAY 87 FOR WELCOME SIGNS. WE ARE LOOKING AT THE POSSIBILITY OF AN ART PROJECT AND WE RECEIVED SOME BEAUTIFICATION GRANT FUNDS OF 2500 AND E-WASTE DIVERSION PUBLIC ENGAGEMENT GRANT FOR 15,000 THAT YOU WILL SEE THE ARTICLE STARTING TO COME OUT ON THE PUBLIC ENGAGEMENT ABOUT RECYCLING ABOUT HOW TO DEAL WITH CERTAIN THINGS AND THAT KIND OF GOES ALONG WITH THE GRANT THAT WE APPLIED FOR THAT YOU GAVE US PERMISSION TO APPLY FOR WITH THE REGIONAL PLANNING COMMISSION FOR THE INFORMATION THAT ONE STOP SHOP FOR INFORMATION. AND THEN OF COURSE THE CLASS ONE ACCEPTED AT THE LANDFILL AND WITH THAT, I AM DONE. FOR THE SECOND

TIME. >> THE UNDERPASS WAS SUCH A HUGE HIT. WE TALKED ABOUT IT BEFORE BUT BECAUSE OF THE WALLS ALONG THERE BEING DIFFERENT IT WAS KIND OF PUT OFF BUT IT'S A

PUT BACK ON. >> WE ACTUALLY HAVE SOME DESIGNS FROM BEFORE. IF YOU NOTICE ON THE UNDERPASS, THERE ARE FLAT SPOTS. IT MAY NOT BE A PICTURE MERRILL. AND IT WILL BE ART. NOTHING I'M WORKING ON. THAT WOULD BE DANIELLE OR KATE QUESTION. WOULD BE HAPPY TO PARTNER.

>> THE STREET ART IS GREAT. >> THANK YOU. YOU ALL DO A

[2. Parks and Recreation Department 2023 Annual Report. Mike Etienne, Assistant City Manager]

GREAT JOB. >> OKAY, THIS IS THE LAST ONE.

WE SAVED THE BEST ONE FOR LAST. I'M GLAD TO PRESENT THE ANNUAL REPORT FOR THE PARKS AND RECREATION DEPARTMENT .

THIS IS OUR MISSION TO IMPROVE QUALITY OF LIFE BY PROVIDING A SYSTEM OF PARKS AND RECREATION, CULTURAL PROGRAMS TO OUR CITIZENS, THIS IS WHAT WE DO. SEVEN KEY THINGS. THE TWO MAJOR ACCOMPLISHMENTS THIS YEAR IN 2023 IS OPENING THE DUCK POND AND DOG PARK. TWO YEARS AGO, THIS IS WHAT THE

[02:35:04]

DUCK POND LOOK LIKE. IT LOOKS TERRIBLE. IT HAS STRUCTURAL ISSUES AND HURRICANE HARVEY MADE IT WORSE . TWO YEARS LATER, THIS IS WHAT IT LOOKS LIKE TODAY. WE INVESTED IN THE DUCK POND D WITH THE HELP F TBW D AND THIS IS WHAT YOU SEE NOW. I HOPE YOU'VE HAD A CHANCE TO GO ON LOOK AT IT.

IT'S BEAUTIFUL. WE ARE GETTING VERY POSITIVE FEEDBACK.

YOU CAN SEE ALL OF THE AMENITIES THAT THE DUCK POND HAS AND AGAIN, I ENCOURAGE YOU TO GO OUT THERE AND VISIT .

>> I'M SURPRISED YOU GOT PICTURES WITHOUT PEOPLE

EVERYWHERE. >> IT'S FISHING TIME. WE DO HAVE FISH IN THE POND. YOU CAN SEE THE PEOPLE FISHING AND SO FORTH. THE DUCK POND HAS BEEN A MAJOR HIT FOR THE CITY.

EVERYONE LOVES IT. THE FEEDBACK HAS BEEN POSITIVE. WE HAVE RAINBOW TROUT IN THE POND AND WE WILL ADD CATFISH THE SPRING. BECAUSE THE TROUTS WILL DIE WHEN IT STARTS TO GET WARM. AND AGAIN , YOU NEED A FISHING LICENSE IF YOU'RE 17 AND OLDER. AND THE MEXICAN TAKE WITH YOU IS FIVE FISH PER DAY. AGAIN, A BIG HIT IN OUR COMMUNITY. THE SECOND MAJOR ACCOMPLISHMENT IS THE DOG PARK. IT WAS IN THE PARKS MASTER PLAN AND IT WAS CHAMPIONED BY THIS YOUNG LADY YOU SEE. WE HAVE COMPLETED THE DOG PARK AND I HOPE YOU HAD A CHANCE TO GO AND VISIT . IT'S VERY POPULAR. A BIG HIT IN THE COMMUNITY. WE HAVE ALL OF THE AMENITIES OF A MAJOR DOG PARK. WE HAVE BENCHES AND WASTE STATIONS AND PLAY EQUIPMENT FOR THE DOGS AND SO FORTH. A FANTASTIC AMENITY FOR THE COMMUNITY.

HERE YOU CAN SEE THE DOGS HAVING A GREAT TIME WITH THEIR HUMANS. AND EVERY DAY THERE ARE PEOPLE THERE WITH THEIR DOGS. WE ALSO AND 23 PROVIDED 20+ RECREATIONAL PROGRAMS .

THAT IS MORE THAN LAST YEAR. THE LAST THING WE DID WAS A CHRISTMAS PARADE . AND THE CONTINUED SUCCESS OF THE YOUTH HUNT PROGRAM. THANK YOU MAYOR FOR BRINGING THIS TO THE COMMUNITY. WE HAD OUR THIRD YOUTH HUNT AT THE BOARD AND WE HAD FIVE PARTICIPANTS AND HAD A GREAT TIME. EACH HUNTER HARVESTED TWO ANIMALS. ONE BUCK AND ONE DOUGH EACH. IN REGARDS TO PARKS, WE'VE DONE A LOT. WE HAVE 17 PARKS TO MAINTAIN. AS YOU CAN SEE ON THE SLIDE, ONE OF THE GREATEST ACCOMPLISHMENTS THIS YEAR THAT WE PLANTED OVER 150 TREES IN OUR PARKS. 150 TREES. WE ARE WORKING TO ADD MORE TREES IN OUR PARKS AND THAT'S ONE OF THE THINGS I'M VERY PROUD OF THAT WE HAVE DONE THIS YEAR.

[02:40:07]

DRIVING RANGE. WE INSTALLED IT TURF MATT AT THE DRIVING RANGE.

WE'VE DONE A LOT TO IMPROVE THE DRIVING RANGE . I AM THE INTERIM DIRECTOR. I WANT TO THANK THEM FOR ALL OF THEIR HARD WORK AND THANK THEM FOR SUPPORTING THE PARKS DEPARTMENT. LESS THAN FIVE MINUTES. MR. SWANSON YIELDED

SOME TIME BACK. >> I WILL YIELD MY TIME.

>> NO CITY MANAGER REPORT AND WE WILL PUT THE DOMAIN PRESENTATION TO ANOTHER ONE. IS THERE ANYTHING FURTHER

* This transcript was compiled from uncorrected Closed Captioning.