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[00:00:01]

ALL RIGHT.

TODAY IS THURSDAY, JANUARY 20TH, 2022.

AND THE TIME IS 6:00 PM.

AND THIS IS THE BRIEFING WORKSHOP OF THE LANDER CITY COUNCIL CITY, SECRETARY CRABTREE.

WILL YOU

[2. Roll Call.]

PLEASE? COUNCIL MEMBER KATHERINE BATTALION PARKER HERE.

COUNCIL MEMBER ASKED ME MACKEY LONGORIA HERE.

COUNCIL MEMBER, JASON SHAW, COUNCIL MEMBERS THOMPSON PRESENT COUNCIL MEMBER, CHRIS RNA, MAYOR PRO TEM MAYOR CHRISTINE DELONG HERE.

ALL RIGHT, WE ARE GOING TO

[3. Convene into executive session pursuant to: (1) Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding settlement of Cause No. 21-1682-C26, Buck v. City of Leander, in the 26th Judicial District Court of Williamson County, Texas; and (2) Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding Docket No. 53063, petition by outside city ratepayers appealing the water rates established by the City of Leander, Texas ; and (3) Section 551.071, Texas Government Code, and Section 1.05, Texas Disciplinary Rules of Professional Conduct to consult with legal counsel regarding Capital Metropolitan Transportation Authority election and contracting matters. Reconvene into open session to take action as determined appropriate regarding: (1) settlement of Cause No. 21-1682-C26, Buck v. City of Leander, in the 26th Judicial District Court of Williamson County, Texas; and (2) Docket No. 53063 appealing water rates established by the City of Leander; and (3) Capital Metropolitan Transportation Authority.]

CONVENE INTO EXECUTIVE SESSION FOR ONE SECTION 5 5 1 0.071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING SETTLEMENT OF CAUSE NUMBER 21 DASH 1 6 8 2 DASH BUCK V CITY OF LEANDER IN THE 26TH JUDICIAL DISTRICT COURT OF LAMSON COUNTY, TEXAS.

AND TO SECTION 5 51 0.071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING DOCKET NUMBER 5 3 0 6 3 PETITION BY OUTSIDE CITY RATE PAYERS APPEALING THE CITY WATER RATES ESTABLISHED BY THE CITY OF LEANDER, TEXAS, AND THREE SECTION 5 51 0.071 TEXAS GOVERNMENT CODE AND SECTION 1.05 TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT TO CONSULT WITH LEGAL COUNSEL REGARDING CAPITAL METROPOLITAN TRANSPORTATION AUTHORITY, ELECTION, AND CONTRACTING MATTERS.

AND WE ARE CONVENED INTO EXECUTIVE SESSION AT 6 0 1.

ALL RIGHT, WE ARE BACK IN OPEN SESSION AT 7:03 PM.

COUNSEL DID NOT COMPLETE DELIBERATIONS.

SO WE ARE RECESSING THE EXECUTIVE SESSION AND WE'LL RETURN TO OUR EXECUTIVE SESSION AND BRIEFING SESSION AT THE START OF THE REGULAR AGENDA.

AND SO THE BRIEFING SESSION IS NOW RECESSED AND WE'RE MOVING INTO

[4. Open Meeting, Invocation and Pledges of Allegiance.]

OUR REGULAR MEETING.

TODAY IS JANUARY 20TH, 2022.

AND THE TIME IS 7:03 PM.

AND THIS IS THE REGULAR MEETING OF THE LANDER CITY COUNCIL COUNCIL MEMBERS VERNICK WILL BE PROVIDING TONIGHT'S INVOCATION.

FOLLOWING THE INVOCATION, PLEASE REMAIN STANDING FOR THE PLEDGE OF ALLEGIANCE.

ALL RIGHT.

UM, BEFORE I CAME HERE, MY, MY, MY WIFE SENT ME A SCRIPTURE THAT WAS ON, THAT WAS ON HER HEART AND I JUST THINK IT REALLY FITS FOR US.

SO I'M JUST GOING TO SHARE THIS IN ISAIAH 41 10.

IT SAYS, SO DO NOT FEAR FOR, I AM WITH YOU, DO NOT BE DISMAYED FOR, I AM YOUR GOD.

I WILL STRENGTHEN YOU AND HELP YOU.

I WILL UPHOLD YOU WITH MY RIGHTEOUS RIGHT HAND.

SO WE JUST COME BEFORE YOU RIGHT NOW, GOD, UH, THE CITIZENS OF LEANDER AND JUST SAY, THANK YOU.

THANK YOU FOR BEING AN AMAZING FATHER.

THANK YOU FOR ALLOWING US TO CALL YOU SONS AND DAUGHTERS.

THANK YOU FOR, UM, THANK YOU FOR JUST USHERING LOVE.

SO WE JUST ASK FOR, UM, FOR, FOR HEAVENLY HOSTS, LORD TO DELIVER PEACE, LOVE UNITY, LORD AND RIGHTEOUSNESS OF THIS CITY.

WE THANK YOU LORD FOR THE OPPORTUNITIES LORD THAT, UH, THAT YOU'RE PROVIDING THROUGH BUSINESSES.

UM, WE THANK YOU LORD, FOR, FOR OPPORTUNITIES FOR NEW PEOPLE THAT ARE COMING HERE.

WE JUST PRAY THAT THERE WOULD BE A BANNER OVER THIS CITY, LORD THAT SAYS WELCOME.

AND, UH, AND WE PRAY THAT YOU'RE AT THE HEART OF IT.

SO WE JUST, UH, WE GIVE YOU ALL THE GLORY.

WE GAVE YOU ALL THE PLAY PRAISE AND WE JUST ASKED RIGHTEOUSNESS AND JUSTICE TO COME FOR US.

NOW, BLESS THE STAFF.

BLESS THIS COUNCIL THAT HAS MADE GREAT DECISIONS, THE WORD, AND BLESS THE CITIZENS OF LEANDER IN JESUS' NAME.

AMEN NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL THANK YOU, COUNCIL MEMBER.

THAT WAS LOVELY.

CITY SECRETARY CRABTREE,

[5. Roll Call.]

WILL YOU PLEASE CALL ROLL JUST A MEMBER OF KATHERINE BATTALION PARKER HERE.

COUNCIL MEMBER ASKED ME, MATT AND GLORIA HERE.

COUNCIL MEMBER, JASON SHAW HERE.

COUNCIL MEMBER, NICOLE THOMPSON, PRESENT COUNCIL MEMBER, CHRIS SURNAME, MAYOR PRO TEM, BECKY ROSS HERE, MAYOR CHRISTINE.HERE.

A QUORUM IS PRESENT IN THE CITY COUNCILS ELIGIBLE TO DO BUSINESS

[6. Public comments on items not listed in the agenda. Public comments on items listed in the agenda will be heard at the time each item is discussed by Council. [All comments are limited to no more than 3 minutes (6 minutes if translation is needed) per individual.] ]

ITEMS, SIX NON AGENDA ITEM, PUBLIC COMMENTS FOR ITEMS ON THE AGENDA.

I WILL CALL AND SPEAKERS PRIOR TO THE DISCUSSION OF THE AGENDA ITEM.

AND DURING THE PUBLIC HEARING INDIVIDUALS THAT SUBMITTED COMMENTS VIA THE WEBSITE WILL ONLY HAVE POSITIONS READ INTO THE RECORD.

ANY WRITTEN COMMENTS HAVE BEEN SHARED WITH THE COUNCIL AND WE WILL BE MADE PART OF THE OFFICIAL RECORD.

I DO NOT HAVE ANYBODY SIGNED UP TO SPEAK THIS EVENING.

WAS THERE ANYBODY WHO WISHED TO SPEAK ON ITEMS? NOT ON THE AGENDA.

ALL RIGHT.

ITEM

[7. Board Reports Exploring Leander History]

SEVEN BOARD REPORTS.

WE HAVE EXPLORING LEANDER HISTORY WITH KIP HARMON, HISTORICAL PRESERVATION COMMISSION CHAIR.

[00:05:03]

GOOD EVENING, MR. HARMON.

WELCOME.

GOOD EVENING MEMBERS.

UM, KATHY POWELL WAS ILL TONIGHT.

UM, SO ACTUALLY SHE JUST LOST HER VOICE, SO SHE WAS UNABLE TO BE HERE.

SO SHE ASKED IF I COULD, COULD REPORT TO YOU TONIGHT.

SO TONIGHT I'M GOING TO HIGHLIGHT, UH, THIS MONTH LIBRARY DISPLAY AND OUR INVOLVEMENT IN THE MOST RECENT REVEREND DR.

MARTIN LUTHER KING, JR PARADE AND STREET FESTIVAL.

UM, SEVERAL MONTHS AGO, WE REACHED OUT TO THE LIBRARY TO SEE IF WE COULD HOUSE A MONTHLY DISPLAY REGARDING LEANDER HISTORY.

UM, IN THE LIBRARY, THEY WERE GRACIOUS ENOUGH TO PROVIDE US, UH, SOME GREAT SPACE.

UM, AND YOU CAN SEE THE MONTH DISPLAY.

WE'RE HIGHLIGHTING SOME OF THE TEXAS RANGERS, UM, WHO, UM, HAVE IMPACTED LANDERS HISTORY AND SOME GENERAL INFORMATION ON THE HISTORY OF THE TEXAS RANGERS, TWO RANGERS WHO HAVE LEFT THEIR MARK ON THE ANDREW HISTORY.

OUR JOHN J TOMLINSON AND JAMES O. RICE IN 1835.

JOHN TOMLINSON HAD SERVED AS FIRST LIEUTENANT IN THE BATTLE OF GONZALEZ IN THE SIEGE OF BAYER.

HE WAS ORDERED BY THE PROVISIONAL GOVERNMENT TO RAISE A COMPANY OF RANGERS TO PROTECT ANGLO AMERICAN SETTLEMENTS IN WHAT IS TODAY SOUTHERN WILLIAMSON COUNTY BANDER IN 1836.

HE ESTABLISHED A SMALL FORT OR BLOCKHOUSE AT THE HEADWATERS OF BRUSHY CREEK IN WHAT IS TODAY, THE BLOCKHOUSE CREEK SUBDIVISION FROM HERE.

HE AND HIS COMPANY OF 60 RANGERS WOULD PATROL THE REGION AND PROVIDE PROTECTION.

WHEN SANTA ANA BEGAN HIS CAMPAIGN IN TEXAS, HE AND HIS COMPANY WOULD BE RECALLED TO FIGHT THE MEXICAN ARMY.

THE BLOCKHOUSE WAS LATER FOUND TO HAVE BEEN BURNED BY WHO IS BELIEVED TO BE THE COMANCHE TOMLINSON WOULD SERVE UNTIL AUGUST OF 1836 AND RESIGN.

AND HE DIED IN 1853.

UH, THE OTHER RANGER IS JAMES R. RICE.

HE SERVED IN THE TEXAS ARMY DURING THE TEXAS REVOLUTION AND WOULD BE ONE OF THE ORIGINAL SETTLERS OF AUSTIN.

HE WOULD LET HER MOVE TO THE BAGHDAD AREA AND BECOME A PETITIONER IN THE ORGANIZATION OF WILLIAMSON COUNTY IN MAY OF 1839 WHILE STILL IN THE SERVICE OF THE TEXAS RANGERS AS A LIEUTENANT.

HE AND HIS COMPANY WOULD THAT HE LED WOULD BEGIN FOLLOWING MANUEL FLORES AND HIS PARTY IN CENTRAL TEXAS, MANUEL FLORES HAD BEEN ORDERED BY THE MEXICAN GOVERNMENT TO CARRY WAR SUPPLIES TO NATIVE AMERICANS AND TO HELP ORGANIZE THEM IN A REBELLION AGAINST THE YOUNG REPUBLIC OF TEXAS RICE AND HIS MEN WOULD CONFRONT THE FLORES PARTY.

AND WHAT IS NORTH LEANDER? AND THE SKIRMISH WOULD ENSUE ON THE BANKS OF THE NORTH SAN GABRIEL RIVER FLORES WOULD BE KILLED IN WHAT WOULD BE CALLED THE BATTLE OF THE SAN GABRIELS RICE WOULD GO ON TO BECOME ONE OF THE WEALTHIEST AND MOST PROMINENT MEMBERS OF WILLIAMSON COUNTY AND WOULD ALSO HELP TO CHOOSE GEORGETOWN AS THE COUNTY SEAT.

NEXT MONTH.

OUR EXHIBIT AT THE LIBRARY WILL HIGHLIGHT BILL PICKET, A FAMOUS BLACK COWBOY BORN IN A FREEDOM COLONY JUST HERE BETWEEN, UH, LEANDER AND, UH, LIBERTY HILL CALLED THE MILLER COMMUNITY OR JINX BRANCH.

AND, UH, HOPEFULLY YOU'LL HAVE AN OPPORTUNITY TO SEE, UH, AND LEARN A LITTLE BIT MORE ABOUT HIM, UH, AT OUR EXHIBIT NEXT, UH, NEXT MONTH ALSO WE'LL HAVE A, HOPEFULLY A FEW ARTIFACTS OF, UH, PICKETS TO DISPLAY AS WELL.

UM, ON MONDAY THIS PAST WEEK, THIS PAST MONDAY, WE HAD THE OPPORTUNITY, UM, TO BE INVOLVED IN THE INAUGURAL REVEREND DR.

MARTIN LUTHER KING, JR PARADE AND STREET FESTIVAL, WHILE WE DID NOT PARTICIPATE IN THE PARADE, WE DID HAVE A BOOTH, THE BOOTH HIGHLIGHTED THE MILLER COMMUNITY AND BILL PICKETT, WHO I MENTIONED BEFORE.

WE ALSO HIGHLIGHTED THE COWBOY LIFE BY DISPLAYING.

SOME OF THE LOCAL BRANDS USED FOR CATTLE BY EARLY SETTLERS OF LEANDER AND HAD A COUPLE OF REENACTORS WHO SHOWED HOW ROPE WAS MADE TO BE USED BY COWBOYS.

THE ROPE MAKING WAS A BIG HIT WITH CHILDREN AND FAMILIES HAD A LOT OF PEOPLE COMING BY THE BOOTH.

WE WERE ALSO HONORED TO HAVE BILL PICKETS, GREAT NEPHEW, GERALD ANDERSON DROPPED BY THE BOOTH TO SEE THE EXHIBIT A WE'RE LOOKING FORWARD TO OTHER UPCOMING UPCOMING OPPORTUNITIES SUCH AS THE MASON DAY'S COMING UP IN, I BELIEVE IN EARLY APRIL AND THE COMMISSION HAS TO ENGAGE WITH THE COMMUNITY AND TO HELP TELL THE STORIES OF LANDERS PAST.

THANK YOU SO MUCH, MR. HARMON, AND I APPRECIATED YOUR, YOUR BOOTS ON MONDAY WAS GOOD.

HAVING THE INTERACTIVE EXHIBITS, PLEASE SEND OUR CARE TO MS. HOWL FOR A SPEEDY RECOVERY.

ALL RIGHT, MOVING ON TO

[8. Staff Reports Monthly Water Update]

ITEM EIGHT STAFF REPORTS, WE HAVE THE MONTHLY WATER UPDATE WITH PUBLIC WORKS DIRECTOR ELLISON.

GOOD EVENING.

GOOD EVENING.

THIS IS THE WATER UPDATE FOR THE MONTH OF DECEMBER, 2021.

AND, UH, I ALSO HAVE SOME CIP UPDATES AND SOME OTHER MISCELLANEOUS UPDATES IN HERE TOO.

UM, OUR USAGE FOR DECEMBER OF 2021 WAS 241 MILLION GALLONS.

UM, VERY SIMILAR TO DECEMBER OF 2020 AT 240 MILLION.

UM, YOU CAN LOOK HERE.

I MEAN, ALMOST IDENTICAL, EVEN IN OUR AVERAGE DAY ON OUR MINIMUM DAY, THE DIFFERENCE IS IN 2020, OUR PEAK DAY WAS

[00:10:01]

A LOT HIGHER AT 10.29, WHERE WE ONLY PEAKED AT 8.75.

UM, THIS LAST DECEMBER, UH, I ALSO WANTED TO POINT OUT SINCE WE DID WRAP UP 2021, UM, THE USAGE THIS LITTLE COLUMN OVER HERE.

SO IT WAS THE LIBERTY HILL USAGE.

SO THEY USED A TOTAL OF ACTUALLY, SORRY, I DON'T HAVE A 361 ACRE FEET.

SO THEY HAVE A 600 ACRE FEE CONTRACT WITH US.

SO, UM, A LITTLE OVER HALF OF THEIR ALLOTMENT, UH, THIS IS THE PRODUCTION OF OUR TWO PLANTS.

UH, THE LIGHT BLUE IS THE BCRA PLANT AND THE DARK BLUE DASH LINE IS THE SANDY CREEK PLANT.

I HIGHLIGHTED IT LAST MONTH, BUT, UM, YOU CAN REALLY SEE, WE FLIPPED, UM, WHERE BC OR UA IS NOW PROVIDING ABOUT 75% OF THE WATER TO THE CITY COMPARED TO 25%, UM, DOWN HERE WITH SANDY CREEK.

SO, UM, THAT SAN GABRIEL LINE IS, UH, DOING WHAT WE HOPED IT WOULD OR WHAT WE KNEW.

IT WOULD NOT HOPE, UM, THE MONTHLY WATER USAGE, UM, FOR EACH MONTH THROUGHOUT THE YEAR.

UM, THE RED IS OUR 2021 NUMBERS COMPARED TO THE BLUE IS 2020.

SO AS I MENTIONED, WE'RE RIGHT, ALMOST IDENTICAL TO 2020.

UM, AND THEN THE DASH LINE IS THE THREE-YEAR AVERAGE.

SO WE'RE STILL ABOVE THAT.

THREE-YEAR AVERAGE.

UM, AGAIN, CAUSE WE WRAPPED UP THE, THE ENTIRE YEAR.

I WANTED TO POINT OUT THE, UM, KIND OF THE TOTALS FOR 2020.

WE USED 9,700 ACRE FEET TOTAL.

UM, AND ABOUT, SORRY, 300 AND SORRY.

UM, THREE, 317 MILLION GALLONS, LESS THAN 2021.

I'M SORRY, 2020.

SO, UM, CONSIDERABLY LESS, EVEN IN THE ACRE, OBVIOUSLY THEY, GRUFFYDD ALMOST A THOUSAND LESS ACRE FEET, UM, THAN WE DID IN 2020.

UM, PEAK DAY WAS SIMILAR, UM, A LITTLE BIT CLOSER TO THE THREE-YEAR AVERAGE.

UH, AS I MENTIONED, WE WERE A LITTLE OVER 10, UM, AS A PEAK DAY IN 2020 AND UH, ABOUT EIGHT AND A HALF FOR 2021, UH, SOME CIP UPDATES.

UH, AS I MENTIONED THAT I MENTIONED IT LAST TIME THAT THE INTERCONNECT OR WHAT WE'RE CALLING TAKE POINT NUMBER THREE FROM BCRF WATER IS, IS COMPLETE.

UH, THEY'VE WRAPPED UP THE SCADA ON THE SIDE.

SO NEXT WEEK WE'RE GOING TO BE GETTING OUR, OUR SCADA COMPUTER FOLKS TO GET OUR CONTROLS IN, BUT THEY'RE FLOWING ABOUT A HUNDRED THOUSAND GALLONS A DAY THROUGH THERE JUST TO KEEP IT ACTIVE AND FRESH AND KEEP THE CORRINE AND EVERYTHING UP.

UM, SAN GABRIEL LINA'S I ALSO MENTIONED IS, WAS COMPLETE AND CONNECTED ON DECEMBER 6TH.

UM, THEY'RE WRAPPING UP KIND OF THE FINAL, UM, PUNCH LIST ITEMS AND EXPECT THAT TO BE COMPLETED.

UM, JANUARY 26, UH, SANDY CREEK SLEDGE PROCESSING.

WE MET ON THAT TODAY.

SO WE RECEIVED THE PRELIMINARY ENGINEERING REPORT ON JANUARY 13TH.

SO WE HAVE A BUNCH OF ALTERNATIVES THAT WE NEED TO DISCUSS ON SIZING OF EQUIPMENT AND, UM, AND REDUNDANT TRAIN AND, AND ALL THAT GOOD STUFF.

UM, AND A COUPLE OF THESE, THE 2243 WATERLINE IS JUST KIND OF KICKED OFF.

UM, WE'RE STILL KIND OF WAITING ON, UH, ENGINEER SCHEDULE.

THEY'RE GOT SOME OF THEIR SUBS OUT THERE.

UM, THE NEXT ONE IS THE SAME, THE LAKELAND WATERLINE.

UM, WE'RE JUST WAITING ON ENGINEERING SCHEDULE, BUT I THINK THEY'VE DEPLOYED LIKE SURVEYORS AND, AND TO GET ALL THAT, UM, MOVING FORWARD.

OOPS, I'M SORRY.

UM, THE SAN GABRIEL SAN GABRIEL ELEVATED STORAGE TANK, UM, K FREEZE HAS MADE THEIR THIRD SUBMITTAL.

THEY'RE WORKING WITH THE ENGINEERING GROUP, WANTS SOME DRAINAGE, UM, DESIGN, UH, QUESTIONS AND ISSUES.

TERESA ELEVATED STORAGE TANK STORAGE TANK IS, UH, SIMILAR AS IT WAS LAST MONTH.

THEY'RE STILL WORKING, UM, WITH LANDOWNERS IN THAT AREA, AS FAR AS, UH, UH, SITE SELECTION, UM, THE TERMINUS PUMP STATION AND GROUND STORAGE TANK, THE SUBSURFACE INVESTIGATION IS UNDERWAY.

YOU'LL SEE A WHOLE BUNCH OF FLAGS GOING UP, BAGHDAD, ALL THE MARKINGS ON THE, ON THE ROAD AND, AND IN THE RIGHT OF WAY.

SO, AND THEN THE WATER METER, AMI AND AMR, UM, WE'RE EXPECTING SUBMITTALS TO BE TURNED IN ON JANUARY 28TH.

AND THEN I HAVE A COUPLE UPDATES, UM, MAKE SURE, UM, I THINK WE HAVEN'T FORGOTTEN THE PEC, THE SHUTDOWN UP, THE ONE FEED TO THE BARGE.

WE'RE STILL PENDING THE SCHEDULE.

SO THAT'S STILL, UM, NOT HAPPENED YET.

AND, UM, BUT WE ARE INSTALLING THE AUTOMATIC TRANSFER SWITCH IN OUR ELECTRICAL BUILDING SO THAT WE'RE READY TO KIND OF PULL THAT TRIGGER WHENEVER IT HAPPENS.

UM, AND THE GENERATOR RENTALS ON STANDBY.

SO AS SOON AS THEY GIVE US THE SCHEDULE, WE'LL PULL THE TRIGGER ON THE, ON THE, AND, AND HAVE THE SWITCH IN PLACE ALREADY.

UM, ONE THING THAT WE HAVEN'T DISCUSSED YET IS, UM, SENATE BILL THREE.

SO

[00:15:01]

THIS IS THE PREPARATION OF AN EMERGENCY PREPAREDNESS PLAN.

SO IT WAS PASSED ON JUNE 8TH AND IT REQUIRES CITIES TO HAVE A PLAN IN PLACE FOR AN EXTENDED POWER OUTAGE FOR GREATER THAN 24 HOURS.

IN, IN THAT TIME PERIOD, YOU HAVE, YOU'RE REQUIRED TO DEMONSTRATE THAT YOU CAN PROVIDE THE ENTIRE SYSTEM WITH 20 PSI, UM, PRESSURE ON THE WATER.

SO THERE'S A BUNCH OF DIFFERENT ALTERNATIVES YOU CAN TO, TO PERMANENTLY MOUNTED GENERATORS, ALL KINDS OF LITERALLY 14 OPTIONS THAT ARE, SOME OF THEM DO NOT APPLY TO US, BUT SO WE'RE WORKING THROUGH THOSE OPTIONS WITH THE CONSULTANT AND THEY'LL PREPARE THE PLAN AND WE'LL SUBMIT IT TO TCQ ON MARCH 1ST.

UM, ONE THING THAT CAME OUT OF THE PLAN THAT I THOUGHT WAS INTERESTING, AND MY LITTLE THINGS ARE NOT UP THERE.

THEY'RE SUPPOSED TO BE A LITTLE CIRCLES ON THERE, UM, THAT ARE NOT, BUT, UM, THEY, THEY ASK FOR CONNECTIONS PER PRESSURE PLANE, AND, UM, THIS MAP IS KIND OF NOT WHAT IT NEEDS TO BE, BUT THAT'S OKAY.

ANYWAY, I CAN READ IT, UM, IN THIS PINK KIND OF WHAT WE WOULD EXPECT IS THE CENTER OF TOWN, UM, HAS THE MOST CONNECTIONS AT 9,500 CONNECTIONS.

SECOND IS THE BLUE NOW AT 7,500 CONNECTIONS.

AND THEN THE THIRD IS AT 5,100 CONNECTIONS IS THIS GREEN AREA.

AND FOURTH IS THE GRAND MESA AREA, THIS KIND OF DARKER PURPLE AT 2200.

AND THEN THE PRESSURE PLANE WITH THE LEAST NUMBER OF CONNECTIONS IS DOWN HERE IN CHEVY.

SO WITH 1400, I JUST THOUGHT THAT WAS INTERESTING THAT JUST THE DISTRIBUTION OF, OF THE NETWORK.

UM, AND THAT'S ALL I HAD.

IF YOU'VE HAD ANY QUESTIONS.

I DO HAVE A QUESTION.

YES.

UM, YOU, CAN YOU GO BACK TO THE AMR AND AMI SUBMITTALS? YES.

UH, WHAT, WHAT DOES THAT MEAN? I KNOW THAT'S A SMART METERS, RIGHT? CORRECT.

SO WE'RE SELECTING, I DON'T KNOW IF ROBERT IS HERE OR HE'S HERE TO, UM, IT'S MOSTLY HEADED UP BY FINANCE DEPARTMENT AND A UTILITY BILLING GROUP, BUT, UM, THEY ARE CONVERTING ALL OF OUR CURRENT METERS TO THE SMART METER.

SO THIS IS A CONSULTANT THAT PLANS THAT OUT FOR US.

AND WE HAVE NOT BEGUN THAT PROCESS.

THE SUBMITTAL IS TO GET THE CONSULTANT TO YES.

MA'AM YOU WERE ALREADY IN THE PROCESS OF GETTING THE FIRST, FIRST STEP.

YES.

ANYTHING ELSE? COUNCIL.

ALRIGHT.

THANK YOU SO MUCH DIRECTOR.

ALL RIGHT.

[ CONSENT AGENDA: ACTION]

MOVING ON TO CONSENT.

AGENDA, CONSENT ITEMS, 11 AND 17 HAVE BEEN PULLED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

THE CITY COUNCIL WILL NOW CONSIDER CONSENT AGENDA ITEMS NINE 10 IT'S ON MY GREEN LIGHT IS ON TESTING.

THERE IT IS.

THANK YOU.

ALL RIGHT.

CONSENT AGENDA, CONSENT AGENDA ITEMS 11 AND 17 HAVE BEEN PULLED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

THE CITY COUNCIL WILL NOW CONSIDER CONSENT AGENDA AGENDA ITEMS NINE, 10, AND ITEMS 12 THROUGH 16 COUNCIL.

THIS IS AN ACTION ITEM, A MOTION TO APPROVE.

SECOND, WE HAVE A MOTION AND A SECOND.

IS THERE ANY DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THANK YOU.

ITEM 11

[11. Approval of a waiver of Article 8.04, Noise, Section 8.04.001(a) (11) in the hours of construction work to OHT Partners for the Parkside Village Site Project at 8421 183A Toll Road in Leander.]

APPROVAL OF A WAIVER OF ARTICLE 8.04, NOISE SECTION 8.0 4 0 0 8 11 IN THE HOURS OF CONSTRUCTION WORK TO O H T PARTNERS FOR THE PARKSIDE VILLAGE SITE PROJECT AT 8 4 2 1 180 3, A TOLL ROAD IN LEANDER.

GOOD EVENING, MR. GRIMSBY, COULD ANYTHING DAN GRANTSVILLE, EXECUTIVE JOKER INTRODUCTION FOR THE CITY OF LEANDER? UM, I THINK WE DO HAVE OUR, UM, UH, REPRESENTATIVE HERE, MR. LOCKHART, LET ME MAKE SURE THAT HE'S, SO HE'S HERE TO, UH, TO SPEAK TO THIS, UH, PARTICULAR, UM, ITEM.

UM, BUT I'LL START FIRST BEFORE HE COMES UP.

UM, IF THERE'S ANY QUESTIONS RELATED TO, UH, THE CITY AS RELATED TO THIS ITEM? WELL, I, YOU KNOW, I HAD THE QUESTION OF HOW, WHAT DO WE DO IF, IF WE HONOR THIS AND IMPROVE IT, HOW DO WE, HOW DO WE KEEP THE APPLICANT OR ANYONE FOR THAT MATTER, UH, ACCOUNTABLE TO, TO HOLD THEMSELVES TO THOSE TIMES.

AND IF THERE'S SPECIFIC DAYS, BECAUSE THERE WERE, THERE WERE NOT SPECIFIC DAYS GIVEN JUST A GENERAL TIMEFRAME.

SO ITEM NUMBER 12, WHICH WAS APPROVED AS EXACTLY THE SAME IT'S OVER FIVE MONTHS.

YEAH, TWO TIMES.

UH, AND IT'S, AND AS FOR THE, UM, MORE OR LESS FOR THE SAME REASONS, IF YOU LOOKED AT BOTH APPLICATIONS, THEY'RE EXACTLY THE SAME

[00:20:01]

BOTH.

AND THE OTHER WAS 3:00 AM INSTEAD OF 4:00 AM.

SO IT WAS EVEN MORE LENIENT, BUT WE DIDN'T HAVE THE NUMBER.

WE DIDN'T HAVE ANY ONE EMAIL US OR CONTACT US WITH ISSUES WITH THAT ONE.

BUT WE DID FOR THIS ONE.

SO THAT'S WHY I THINK WE PULLED THIS FOR THAT REASON.

OKAY.

UM, I'LL LET THE APPLICANT COME UP, BUT HE DID EMAIL US NUMEROUS ONES.

AND ONE OF THEM IS THAT THEY'RE GOING TO BE PLACED IN CONCRETE, UM, ONLY ABOUT TWICE A WEEK, WHICH IS SIMILAR TO THE OTHER ONE.

AND THE CONSTRUCTION IS ONLY OVER A PERIOD OF FIVE MONTHS AND IT'LL BE DONE AND HE CAN GO UNDER THE REASONS WHY THERE'S COMPLEXITIES ASSOCIATED WITH HAVING TO HAVE A TIME, THE SAME WITH THE OTHER APPLICANT OVER A PERIOD OF TIME, BECAUSE YOU HAVE WEATHER AND OTHER THINGS THAT OCCUR, THEN YOUR PLACEMENT MAY NOT HAPPEN ON THE DATE.

YOU WANT IT.

AND THEN IT HAS TO HAPPEN ON THE NEXT DAY OR, OR SO FORTH.

UM, CONSTRUCTION IS NEVER AN EXACT SCIENCE, BUT I'LL, I'LL LET THE APPLICANT SPEAK FOR, FOR THEIR, FOR THEIR COMPANY AND THEMSELVES.

UM, AND THEN I'LL, I'LL CHIME BACK IN AS NEEDED.

OKAY.

THANK YOU.

I THINK I'D ACTUALLY LIKE TO TAKE THE SPEAKERS FIRST AND THAT WAY, ANY ISSUES THAT THEY BRING UP THE APPLICANT CAN ADDRESS WHEN WE CAME UP.

SOUND GOOD? YES, MA'AM.

ALL RIGHT.

THANK YOU.

SO FIRST UP SPEAKING, WE HAVE CLIFF HALL.

GOOD EVENING, MR. HALL, PLEASE STATE YOUR NAME AND ADDRESS.

YOU'LL HAVE THREE MINUTES.

THANK YOU.

MAYOR DELISLE AND CITY COUNCIL MEMBERS, CLIFFORD HALL, 604 SCENIC PATH, UM, LEANDER.

SO OVERLOOK A STATES, UH, AND LAND ARE CROSSING BOTH BORDER, UH, OR ARE CLOSE BORDERS OF THE, UH, APARTMENT COMPLEX.

AND OF COURSE WE'VE WORKED WITH THE GENTLEMAN TO, TO REALLY PRODUCE, I THINK THE BEST NEIGHBORHOOD APARTMENT SITUATION, UM, IN THE LAST YEAR.

SO WE ARE FAVORABLE TO WORKING WITH THEM.

UM, HOWEVER, UM, THE THINGS THAT STAND OUT ABOUT THE VARIOUS WERE THE LONG TIMEFRAME, I THINK, UM, WITHOUT SPECIFIED QUANTITY, UH, LIKE 10 DAYS OR, UH, YOU KNOW, HOW MUCH PER WEEK OR THAT SORT.

AND I THINK THE SECOND THING THAT STRIKES US ALSO WITHOUT EXPLANATION IS, UH, THE STANDARD VARIANCE IS 7:00 AM TO 9:00 PM.

THIS ONE IS REQUESTING 4:00 AM TO 7:00 PM.

SO A NEGOTIATED SETTLEMENT OR SOMETHING THAT NEIGHBORS WOULD PROBABLY BE VERY FAVORABLE TO MIGHT BE 6:30 AM TO 9:30 PM.

YOU KNOW, MORE IN THE LINE OF THE GETTING UP HOURS IN THE GOING TO BED HOURS.

UM, AND IT DOESN'T SEEM THAT IN A SPRING TIME, THE, UH, HAVING RECENTLY DONE A PERMITTED CONSTRUCTION THAT, UH, CONCRETE CURING, UH, FOR AN EXTREME WEATHER OR EXTREME COLD DOESN'T SEEM TO BE AN ISSUE HERE FOR, UH, YOU KNOW, FEBRUARY THROUGH OUR LOVELY MAY TIMEFRAME FOR, OF COURSE WE GET TO AUGUST.

SO I HOPE THAT YOU CAN TAKE THE COMMENTS OF OUR NEIGHBORS AND SUCH AND SOME OF THEIR, UH, ISSUES WITH THEIR CHILDREN.

UM, AND WE MAY BE, CAN ALIGN OURSELVES MORE CLOSELY TO LIKE A CRYSTAL, A LAGOON.

UM, THEY MADE AN, A, WE MADE AN AGREEMENT, I THINK, TO DO 10, UH, NOISE VARIANCES A YEAR FOR THEM.

ALL THEY HAVE TO DO IS JUST COME AND ASK FOR THE DAY.

AND, YOU KNOW, THEY GET 10 A YEAR OUTSIDE OF THOSE, UH, 7:00 AM TO 9:00 PM HOURS.

SO, UM, I THINK IT WOULD BE FAVORABLE TOWARD MORE OF A, UH, AN ANNOUNCEMENT OF THIS IS ITEM NUMBER ONE, WE'RE GOING TO DO IT THIS WEEK.

TWO WEEKS LATER, WE GET A LETTER.

THIS IS ITEM NUMBER TWO OF OUR 10, YOU KNOW, A LITTLE MORE STRUCTURE, A LITTLE MORE ABILITY TO BE ACCOUNTABLE.

AND WE WON'T KNOW.

IT'S JUST RANDOM ALL THE TIME.

SO THANK YOU FOR YOUR, THANK YOU, MR. HALL, THE FOLLOWING PEOPLE WANTED THEIR POSITION READ INTO THE RECORD AS AGAINST DR.

DAVID REEVES, SUSAN RICKS AND LANA SANDER.

I DO NOT HAVE ANYBODY ELSE SIGNED UP TO SPEAK ON THIS ITEM.

WAS THERE ANYBODY WHO WISHED TO SPEAK ALL RIGHT, WELL, THE APPLICANT PLEASE COME FORWARD.

GOOD EVENING.

UM, MY NAME IS FRANK LOCKHART WITH LHD PARTNERS.

UM, THE REASON FOR THE TIMEFRAME, UH, IS DUE TO WEATHER AND JUST VARIOUS MATERIAL SHORTAGES, THINGS LIKE THAT, UH, THROUGH CONSTRUCTION AND THE REASON FOR STARTING AT FOUR, NORMALLY WE START OUR PORES AT MIDNIGHT OR ONE.

O'CLOCK OBVIOUSLY TRYING TO MAKE A, UH, SOMEWHAT OF AN ACCOMMODATION THERE, BUT THE SIZE OF OUR CONCRETE PORES ARE SIX TO 800 YARDS, WHICH THE ONLY TIME WE CAN GET THAT AMOUNT OF YARDAGE IS STARTING AT FOUR, WHICH IT'S GOING TO GO ALL THE WAY, PROBABLY THROUGH 10 OR 11 O'CLOCK DURING THE DAY.

AND THEN WE ALSO HAVE THE REST OF THE DAYLIGHT HOURS TO FINISH THE CONCRETE.

UM, ANY OTHER QUESTIONS? WHAT ARE YOU DOING TO MITIGATE THE SOUND TO THE NEIGHBORS? SO WE WILL, UM, WE WILL SHUT DOWN ALL BACKUP ALARMS, UM, AND REALLY THERE'S PROBABLY FOUR SLABS THAT ARE RELATIVELY CLOSE TO THE NEIGHBORHOOD.

THE

[00:25:01]

REST OF THE SLABS ARE ALL FARTHER AWAY, UH, SHOULD BE FAR ENOUGH AWAY.

THAT WILL BE SIMILAR TO NOISE FROM THE TOLL ROAD.

UM, AND THEN WE'LL ALSO, YOU KNOW, LIGHT TOWERS, OF COURSE WE'LL ALWAYS BE FACING AWAY FROM HOUSES.

UM, AND WE'LL, WE WILL DO EVERYTHING IN OUR POWER TO KEEP THE NOISE AS MINIMAL AS POSSIBLE.

I MEAN, THERE'S SOME THAT'S JUST UNAVOIDABLE, BUT, UH, WE WILL MAKE SURE THAT EVERYTHING THAT WE CAN MOVE AWAY FROM THE, THE NEIGHBORHOODS WE WILL DO.

UM, THAT IS SOMETHING THAT THIS COUNCIL HAS DONE IN THE PAST ON SOME OF THESE LARGE PORES IS, UM, HAVING CAVEATS ABOUT DURING THOSE FIRST COUPLE OF HOURS OF YOU'RE POOR, YOU'RE NOT NEAR RESIDENTS, JUST SORT OF ON THE OTHER END OF YOUR PROPERTY.

UM, DO YOU HAVE AN AREA OF THE PROPERTY THAT YOU THINK YOU CAN REASONABLY DO AT LIKE FIVE IN THE MORNING THAT WOULDN'T MAKE NOISE TO THE NEIGHBORHOODS? UM, WHAT WE COULD PROBABLY DO THERE, MAYBE TAKE THOSE THREE OR FOUR SLABS THAT ARE CLOSE TO THE NEIGHBORHOOD AND FIGURE OUT A WAY TO POUR THOSE, YOU KNOW, STARTING AT SIX, SOMETHING ALONG THOSE LINES, UM, AND JUST KIND OF BATTLE THROUGH IT STARTING AT SEVEN AT SEVEN.

THANK YOU.

YOU'RE WELCOME.

UM, YOU KNOW, IT JUST IT'S, IT WILL BE A FIGHT, BUT IT'LL, IT'LL BE SOMETHING THAT WE'LL JUST HAVE TO WORK THROUGH AND, AND GET DONE.

UM, BUT WE CAN CERTAINLY DO THAT.

OKAY.

THANK YOU.

COUNCIL CONCERNS.

THOUGHTS, WHAT DO WE WANT TO DO? YOU SAID HE'S GONE IN THE SLIDE NEAR THE HOUSE, AND THEN THAT IS, WELL, THAT'S NOT IN THE PLAN THAT DOESN'T WORK AND THEN THEY JUST DO, THERE'S NOTHING IT'S LIKE A GENTLEMAN OR A WOMAN.

DO YOU REMEMBER THE, THE ONLY WAY TO MAKE IT ENFORCEABLE WOULD BE TO HAVE SOME KIND OF AN AGREEMENT THAT WOULD REQUIRE THAT AND THE CITY CAN ISSUE A STOP WORK ORDER IF IT'S DONE AT A TIME, THAT'S NOT AGREED TO, IN THAT DOCUMENT, HOW MANY SLABS DO YOU DO AT A TIME? JUST ONE HALF OF ONE, HALF OF A SLAB.

SO YOU CAN FIND THE ANSWER.

SO REALLY THAT'S LIKE, LET'S SAY EIGHT CHANCES OF DISTURBANCE FOR THE, FOR THE IMMEDIATE NEIGHBORS, RIGHT.

TOTAL.

CORRECT.

AND IF IT WOULD SUIT THE COUNCIL, I CAN TYPE UP A PLAN WITH SLAB NUMBERS AND SAYING, AND SEND OVER A MAP OF THE PROJECT AND SAY, THESE ARE THE SLABS THAT WE INTEND TO PORT SEVEN.

AND THESE ARE THE ONES WE'D LIKE TO START EARLY ON OR SOMETHING LIKE THAT.

GREAT.

OR ARE YOU AMENABLE TO WAITING UNTIL OUR NEXT MEETING FOR THAT? THAT'S WHAT WE NEED TO DO.

WE CAN, IS THAT NECESSARY? WELL, I GUESS WE WANT TO SEE, ARE YOU SAYING THAT NEIGHBORS AND OPPORTUNITY TO MAKE SURE THAT THAT'S AND CLICK DISTANCE? ONE OF THE, UM, ONE OF THE, I WOULD SAY MORE, UH, MORE FREQUENT, UM, MEMBERS OF THE NEIGHBORHOOD.

ALL RIGHT.

LET'S SEE IF I GOT THAT RIGHT.

UM, IS EVEN SHAKING HIS HEAD SAYING YES.

LIKE I, I THINK IN AN EFFORT TO TRY TO HELP THERE IS WHAT YOU'RE LOOKING FOR, ESPECIALLY.

AND, UM, IF IT WAS, IF YOU'RE ABLE TO DO THOSE THINGS, UM, I WOULD JUST SAY IF WE MAKE IT A VOTE, EVEN CONDITION ON THAT, I DON'T KNOW IF THAT'S, IF THAT'S POSSIBLE RATHER THAN HAVING TO BRING EVERYTHING BACK, BUT STILL THE SAME, SAME THING THAT YOU'RE TRYING TO ACCOMPLISH.

W WE WANT NOTHING MORE THAN TO HAVE A GOOD RELATIONSHIP WITH OUR NEIGHBORS.

I MEAN, THAT ONLY MAKES SENSE.

I MEAN, YOU'RE BUILDING RIGHT NEXT TO A COUPLE OF VERY INVOLVED NEIGHBORHOODS.

UM, OKAY.

SO HOW DO WE WANT TO PHRASE THIS? WELL, MAYBE, MAYBE WE SHOULD HAVE IT IN WRITING AND HAVE SOME, A NEIGHBORHOOD AGREEMENT, JUST A FOR FREE APPROVAL.

YEAH.

WELL, YOU COULD, YOU COULD DO, UM, AN, UH, APPROVAL OF THE NOISE WAIVER SUBJECT TO ENTERING INTO, UH, THE, AN AGREEMENT AUTHORIZED CITY MANAGER, SIGN, AN AGREEMENT THAT SETS OUT THE SCHEDULE FOR, UM, THE FLORENT POURING THE SLABS, WHICH WOULD INCLUDE ENFORCEMENT PROVISIONS.

OKAY.

IS THE BIGGEST THING THAT WE'RE TRYING TO ACCOMPLISH AT THE TIME FOR THOSE FOUR SLABS? THAT WAS MY THOUGHT.

OKAY.

CAUSE YOU'RE ALREADY, YOU'RE ALREADY OKAY WITH IT.

NO BACKUP.

YEAH.

YOU WOULD AUTHORIZE IT WITH APPROVAL OF THAT AGREEMENT AND ALLOW STAFF TO OKAY.

AND STAFF WITH, I THINK WHAT I, WHAT I'M LOOKING FOR IS IN THE EVENT THAT WE GET, WE GET EMAILS OR PHONE CALLS OF COMPLAINTS AFTER WE'VE MADE THIS AGREEMENT.

AND YOU KNOW, YOU'RE PROBABLY NOT GOING

[00:30:01]

TO BE POURING THE CONCRETE, I'M SORRY.

SORRY.

SO, YOU KNOW, IF YOU'RE NOT DRIVING THE TRUCK, SOMEBODY ELSE DOES, AND YOU DON'T KNOW THAT THEY'RE NOT ABIDING BY YOUR AGREEMENT.

SO THAT MAKES YOU LOOK BAD.

SO WE WANT TO MAKE SURE, I WANT TO MAKE SURE THAT THERE'S SOMETHING IN WRITING THAT SAYS, THIS IS WHAT WILL HAPPEN.

AND THEN YOU CAN CONVEY THAT TO THE WORKERS THAT UNDER NO CIRCUMSTANCES ARE YOU TO TURN ON THE BACKUP BEEP OR WHATEVER IT IS, BECAUSE THIS IS WHAT WILL HAPPEN.

SO THAT WAY EVERYBODY KNOWS WHAT THE RULES ARE AND EVERYBODY'S PLAYING BY THE RULES.

AND THEN MOST PEOPLE ARE HAPPIER THAN THEY WOULD HAVE BEEN OTHERWISE THAT WE CAN CERTAINLY DO THAT.

AND I AM THE ONSITE SUPERINTENDENT, SO I WILL BE THERE FOR THE POOR'S AND BE WATCHING FOR THESE THINGS.

OKAY.

SO CAN I TAKE A STAB AT A AND EMOTION? OKAY.

YES.

SO I'LL MAKE A MOTION TO APPROVE CONTINGENT UPON AN AGREEMENT WITH THE APPLICANT IN THE CITY, WITH THE MAIN TERMS, BEING THAT THERE WON'T BE A BACKUP ALARMS ON LIGHTS WOULD BE FACING OUT OPPOSITE OF THE HOUSES.

AND ALSO THE, UH, WITH, ON THOSE FOUR SLABS, YOU GUYS CAN DETERMINE WHICH ONES THOSE ARE IN PARTICULAR, UM, THAT THEY WOULD BE POURED AT THE LATER TIME.

YEAH.

IF WE CAN GET AUTHORIZED AUTHORIZATION FOR THE CITY MANAGER TO SIGN THAT AGREEMENT AND THEY GET THE AUTHORIZATION TO THE CITY, ALMOST GOT IT, AUTHORIZATION TO THE CITY MANAGER, UH, TO SIGN THAT AGREEMENT.

THANK YOU.

COUNCIL MEMBERS.

TODD, DO YOU WANT TO RENEW? OKAY.

THAT WAS BEAUTIFULLY CRAFTED COUNCIL NUMBER.

ALL RIGHT.

WE HAVE A FIRST AND A SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THANK YOU.

ALL RIGHT.

[17. Approval of the extension of the application expiration for Subdivision Case 19-PICP-024 Carneros Ranch Section 6 construction plans; more particularly described by Williamson Central Appraisal District Parcel R523829; generally located to the east of the intersection of Lakeline Boulevard and Sauterne Drive, more specifically located to the east of the intersection of Ran Road and Sauterne Drive, Leander, Williamson County, Texas. ]

ITEM 17 COUNCIL MEMBERS ARE, NICK WILL BE RECUSING HIMSELF.

UM, COUNCIL MEMBERS ARE NICK.

DID YOU WISH TO MAKE A COMMENT? YES.

JUST, THIS IS JUST FOR TRANSPARENCY.

I MEAN, I WORK IN THE NEIGHBORHOOD WHERE THESE LOTS WILL EVENTUALLY BE, SO I THINK IT'S THE BEST THING.

THANK YOU YET.

YES.

ALL RIGHT.

ITEM 17, 10TH, UM, APPROVAL OF THE EXTENSION OF THE APPLICATION EXPIRATION FOR SUBDIVISION CASE 19 P I C P 0 2 4, CARNEROS RANCH, SECTION SIX, CONSTRUCTION PLANS MORE PARTICULARLY DESCRIBED BY WILLIAMSON CENTRAL APPRAISAL DISTRICT PARCEL ARE 5 2, 3 8 2 9, GENERALLY LOCATED TO THE EAST OF THE INTERSECTION OF LAKELINE BOULEVARD AND SARTRE AND DRIVE MORE SPECIFICALLY LOCATED TO THE EAST OF THE INTERSECTION OF RAN ROAD AND SAW TARUN DRIVE LEANDER, WILLIAMSON COUNTY, TEXAS COUNCIL MOTION, TROOPER I'LL SECOND MOTION AND A SECOND.

IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THANK YOU.

UH, PROTESTS, CAN YOU PLEASE GO GET COUNCIL MEMBERS OR NICK? THANK YOU.

15 MORE MINUTES.

THANK YOU.

ALL RIGHT, DON'T GET TOO COMFY.

BEFORE WE START OUR REGULAR AGENDA, WE ARE GOING TO RECONVENE OUR BRIEFING SESSION AND EXECUTIVE SESSION.

THE TIME IS NOW 7 35.

ALL RIGHT.

WE ARE RECONVENING OUR BRIEFING SESSION AT 8:49 PM.

UM, TO TAKE ACTION AS DEEMED APPROPRIATE REGARDING ONE SETTLEMENT OF CAUSE NUMBER 21, 1 6 8 2 BUCK V CITY OF LEANDER IN THE 26TH JUDICIAL DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS MAYOR PRO TEM.

DO YOU HAVE A MOTION TO APPROVE SETTLEMENT OF CAUSE NUMBER 21, 1 6 BACK VERSUS THE CITY OF LEANDER AND THE 20, UH, 26.

YOU DECEL DISTRICT COURT OF WILLIAMSON COUNTY, TEXAS AS DISCUSSED IN EXECUTIVE SESSION AND AUTHORIZE THE CITY MANAGER TO EXECUTE FIRST AND SECOND.

ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THANK YOU.

AND ITEM TWO, DOCKET NUMBER 5, 3 0 6 3, APPEALING WATER RATES ESTABLISHED BY THE CITY OF LANDER MAYOR PRO TEM.

DO YOU HAVE A MOTION? NO ACTION.

OKAY.

AND NUMBER THREE, CAPITOL METROPOLITAN TRANSPORTATION AUTHORITY, MAYOR PRO TEM.

DO YOU HAVE AN EMOTION? NO ACTION.

OKAY.

THAT ADJOURNS THE BRIEFING WORKSHOP AT 8:50 PM.

MOVING BACK INTO OUR WE'RE ALSO GOING TO RECONVENE OUR REGULAR MEETING, UM,

[18. Discuss and consider action on an Ordinance ordering a Special Election to be held on the question of the City of Leander's continued participation in the Capital Metropolitan Transportation Authority; designating May 7, 2022, as the date of the Special Election; prescribing the form of the ballot; providing for election procedures; providing an effective date; providing an open meetings clause; and providing for related matters. Discutir y considerar la acción sobre una Ordenanza que ordena la realización de una Elección Especial sobre la cuestión de la participación continua de la Ciudad de Leander en la Autoridad de Transporte Metropolitano de la Capital; designar el 7 de mayo de 2022 como la fecha de la Elección Especial; prescribir la forma de la papeleta; proporcionar procedimientos electorales; proporcionar una fecha de vigencia; proporcionar una cláusula de reuniones abiertas; y proveer para asuntos relacionados.]

ITEM 18,

[00:35:01]

DISCUSS AND CONSIDER ACTION ON ORDERING A SPECIAL ELECTION TO BE HELD ON THE QUESTION OF THE CITY OF LEE ANDERS CONTINUED PARTICIPATION IN THE CAPITOL METROPOLITAN TRANSPORTATION AUTHORITY.

DESIGNATING MAY 7TH, 2022 AS THE DATE OF THE SPECIAL ELECTION PRESCRIBING THE FORM OF THE BALLOT, PROVIDING FOR ELECTION PROCEDURES, PROVIDING AN EFFECTIVE DATE, PROVIDING AN OPEN MEETINGS CLAUSE AND PROVIDING FOR RELATED MATTERS.

WE DO HAVE A SPEAKER ON THIS.

UM, MR. HALL, WELCOME BACK, PLEASE STATE YOUR NAME AND ADDRESS.

YOU'LL HAVE THREE MINUTES.

CLIFFORD HALL, 6 0 4 SCENIC PATH, UH, LEANDER OVERLOOK ESTATES.

UM, THANK YOU.

UH, MAYOR CHRISTINE AND ALL COUNCIL MEMBERS, LADIES AND MEN.

UM, SO I WAS HERE THREE YEARS AGO OR SO WHEN, UH, WE HAD THIS SUBJECT AND WE HAD ANOTHER 50 OR 60 OF US.

AND AT THAT TIME, UH, NOODLE LEANDER AND HAVING MOVED HERE, UM, FOR THAT PURPOSE AND THE HOUSE WAS VERY CLOSE TO THE STATION.

I WAS VERY FAVORABLE TO THAT, UH, UH, MO THAT, UH, OPPORTUNITY AND TO, YOU KNOW, NOT LOSING THAT SERVICE FROM THE ANDREW SINCE THEN, UM, PERHAPS, UH, TAKING A HIGHER LEVEL VIEW, SEEING THE INTERACTIONS WITH THE CITY AND UNDERSTANDING THE DIFFICULTY WE HAVE THE MONEY, UH, I, I'M NOT STATING REALLY THAT I'M EITHER FOR, OR AGAINST THIS MATTER AT THIS TIME.

UH, YOU KNOW, I WILL PROBABLY WAIT UNTIL THE ELECTION, IF THAT IS CALLED TO MAKE THAT DECISION THINGS THAT I, UH, WANT TO POINT OUT FROM MY EXPERIENCE ON THE DAILY TRANSIT UNTIL MARCH 6TH, 2020, WHEN THAT ENDED FOR THE PANDEMIC, IS THAT IN SOME RESPECTS, UH, CALLING THE SELECTION NOW BASED ON, UM, USAGE OF THE CAP, METRO IS A ONCE IN A 100 YEAR EVENT.

I THINK WE HOPE, RIGHT, OBVIOUSLY WE WERE FOUR OR 500 RIDERS A DAY, AND NOW WE'RE PROBABLY THE 20 OR 50, UM, WITHOUT MUCH GUESTS THERE.

UM, THE IMPORTANT THING ABOUT BUS SERVICE OR TRAILS RE RAIL SERVICE DOWNTOWN, UH, TO ME AS A USER WAS THAT CAP METRO SUPPORTED, UH, BUSES INTO THE NIGHT DURING THE DAY AND IN THE EARLY MORNINGS.

AND NO MATTER WHEN I GOT ON AND GOT OFF, UH, ANY TIME AT WORK, I KNEW THAT I COULD GET ON THE ONE O'CLOCK AND GET HOME, OR I COULD GET HOME AT, UH, LEAVE ON THE THREE O'CLOCK AND BE HOME BEFORE.

UM, SO I HAD THE OPPORTUNITY TO, YOU KNOW, GO TO DOCTORS AND DENTISTS AND VISION AND ALL THAT STUFF WE DO.

AND THERE WAS A REGULAR SERVICE AROUND THE CLOCK INSTEAD OF MAYBE DEDICATED SERVICES.

SO I WANT YOU THINK ABOUT THAT.

AND ALSO, UH, I THINK THE THIRD THING IS, IS THAT WE'RE BUILDING OUR NORTH LINE AND WE, IT LOOKS LIKE WE'RE STILL MAKING PROGRESS ON THE CRYSTAL LAGOON, BIG POSSIBLE, UH, COMMUTE ENVIRONMENTS FOR, UH, BRINGING RESIDENTS, UH, PEOPLE OUT OF BOSTON UP TO US AND SPENDING THEIR MONEY HERE.

I DON'T KNOW IF THAT'S TRUE.

I DON'T KNOW HOW TO MODEL THAT.

I APPRECIATE WHAT YOU'RE GOING THROUGH, THINKING ABOUT IT IS THE DECISION BETTER MADE WHEN WE HAVE THAT OPPORTUNITY AFTER A YEAR OR TWO OF REALLY HAVING THAT INFRASTRUCTURE IN PLACE AND SEEING THE BALANCE OF COMMUTER WEEKEND, UH, TOURISTS FROM ALLSTON, ET CETERA, BRINGING THEIR, UM, THEIR FUN AND THEIR MONEY UP HERE, YOU KNOW, IS IT A BETTER TIME? CAN WE AFFORD TO WAIT A FEW MORE YEARS TO SEE WHAT THAT VALUE WOULD BE? THANK YOU.

THANK YOU, MR. HALL.

ALL RIGHT, COUNSEL, I'M GOING TO MAKE A MOTION TO POSTPONE THIS ITEM TO A SPECIAL CALLED MEETING TUESDAY, JANUARY 25TH, 2022 AT 6:00 PM.

SECOND MOTION AND A SECOND.

ALL THOSE IN FAVOR OPPOSED.

I'M SORRY.

COUNCILMAN SHY.

I DIDN'T SEE YOUR VOTE.

OH, THANK YOU.

ALL RIGHT.

PASSES UNANIMOUSLY

[19. Discuss and consider action on Type B Economic Development Sales Tax and General Revenue Sales Tax ballot proposition options.]

ITEM 19 DISCUSSING CONSIDER ACTION ON TYPE B ECONOMIC DEVELOPMENT, SALES TAX, AND GENERAL REVENUE SALES TAX BALLOT PROPOSITION OPTIONS, ECONOMIC DEVELOPMENT DIRECTOR GOODMAN WILL PRESENT GOOD EVENING, MR. GOODMAN.

GOOD EVENING.

UH, SO LAST DECEMBER WE TALKED ABOUT A VARIETY OF DIFFERENT CELL SEX USES.

UH, DURING THAT MEETING, WE GOT SOME FEEDBACK TO KIND OF HONE IN ON TWO PRIMARY USES.

SO THAT WOULD BE A TYPE B ECONOMIC DEVELOPMENT SALES TAX, OR SALES TAX FOR GENERAL REVENUE.

UH, WE'RE GOING TO LOOK AT THOSE TWO OPTIONS AND KIND OF LOOKING AT WHAT ARE OUR NEIGHBORS DOING JUST TO GIVE SOME CONTEXT LOCALLY.

SO WE'RE GOING TO START WITH TYPE OF ECONOMIC DEVELOPMENT SALES TAX, UH, TO GIVE YOU SOME BACKGROUND ON THIS.

IT WAS AUTHORIZED BY THE LEGISLATURE IN 1989.

UH, VERY WIDESPREAD PROGRAM HERE IN TEXAS, MORE THAN 586 CITIES HAVE CHOSEN EITHER TO DO A TYPE A OR TYPE B.

YOU MIGHT SAY, WHERE DOES FOUR A OR FOUR B COME FROM? IT'S KIND OF WEIRD.

UH, IT'S IN THE ACT, UH, SECTIONS FOUR AND FOUR B, WHICH ENABLED THESE CORPORATIONS.

SO THAT'S KIND OF HOW THEY BECOME KNOWN, UH, LOCALLY.

YOU'LL SEE, TYPI IS KIND OF THE PREFERRED USE JUST BECAUSE IT'S MORE FLEXIBLE THAN TYPE A TYPE.

A REALLY HAS A INDUSTRIAL FOCUS WHERE TYPE YOU CAN DO SOME MORE OF THOSE, UH, COMMUNITY ASPECT PROJECTS LIKE PARKS.

AND YOU CAN DO A LITTLE BIT MORE FLEXIBILITY WITH, UH,

[00:40:01]

UH, PRIMARY EMPLOYERS, UH, SO ELIGIBLE TYPE B PROJECTS.

IT'S NOT JUST A BANK WHERE YOU CAN INCENTIVIZE ANY CORPORATION OR BUSINESS YOU WANT TO USE.

YOU HAVE TO FOLLOW THE RULES AND THEY'RE REALLY TIED TO PRIMARY JOBS.

AND WHEN WE SAY PRIMARY JOBS, THOSE ARE JOBS THAT PRODUCE SOMETHING, EXPORT THOSE OUTSIDE OF THE COMMUNITY AND BRING A NEW DOLLARS INTO THE COMMUNITY.

SO IT'S NOT JUST CIRCULATING DOLLARS THAT WE ALREADY HAVE HERE.

IT'S BRINGING A NEW MONEY TO THE COMMUNITY.

UH, ELIGIBLE INDUSTRIES INCLUDE MANUFACTURING, RESEARCH AND DEVELOPMENT, MILITARY INSTALLATIONS.

WE DON'T HAVE A BASE NEARBY, BUT, UH, FROM THE FUTURE, THAT COULD BE SOMETHING DISTRIBUTION CENTERS, UH, SMALL WAREHOUSE FACILITIES, PRIMARY JOB TRAINING WITH, UH, COMMUNITY COLLEGES AND NATIONAL HEADQUARTERS OR REGIONAL HEADQUARTERS.

UH, SO THOSE WERE MORE OF THE TYPE A PROJECTS.

SO THAT'S, UH, SOMETHING THAT, UH, TYPE WOULD BE ALLOWED TO DO IN ADDITION TO OTHER PROJECTS, WHICH INCLUDES BUYING LAND BUILDINGS, EQUIPMENT, EXPENDITURES, AND IMPROVEMENTS, REALLY HELPING THESE KINDS OF CORPORATIONS COME INTO THE COMMUNITY.

SO THAT COULD BE ENTERTAINMENT AND TOURIST FACILITIES, PROFESSIONAL AND AMATEUR SPORTS FACILITIES, LIKE A BASEBALL STADIUM OR A FOOTBALL STADIUM TYPE OF THING, PUBLIC SAFETY FACILITIES, LIKE A POLICE DEPARTMENT OR A FIRE DEPARTMENT, PARKS, FACILITIES, AND ENTERTAINMENT, UH, WATER, WATER CONSERVATION PROGRAMS, AND THEN THINGS LIKE STREETS, ROADS, AND DRAINAGE IMPROVEMENTS.

BUT THOSE ALL USUALLY HAVE TO TIE BACK TO JOBS OR COMMUNITY IMPROVEMENT.

SO, AS I MENTIONED, THE PRIMARY JOB REQUIREMENT, UM, THAT YOU USUALLY ARE WITHIN THESE NEXT CODES, SO SPECIFIED INDUSTRIES, UM, YOU CAN KIND OF SEE, I'M NOT GOING TO READ EVERY ONE AND BORE YOU ALL, BUT THEY REALLY DEFINE THESE AS WHAT THEY SEE AS PRIMARY JOBS WITHIN THESE INDUSTRIES, THERE IS OVERSIGHT FOR A TYPE B CORPORATION TYPE B CORPORATIONS REQUIRE A SEVEN MEMBER BOARD OF DIRECTORS, THOSE ANSWER TO THE CITY COUNCIL.

SO ANYTHING THEY APPROVE WOULD HAVE TO COME TO THE CITY COUNCIL FOR APPROVAL.

UH, NO MORE THAN FOUR OF THE SEVEN BOARD MEMBERS MAY BE CITY OFFICIALS.

SO FOUR CITY COUNCIL MEMBERS FOR EXAMPLE, COULD BE PART OF THE BOARD.

UH, BUT YOU'D ALSO HAVE THREE OTHER MEMBERS THAT AREN'T PART OF THE BOARD ARE, ARE PART OF THE COUNCIL ON THE BOARD.

UM, THEY DO HAVE TO DO A PUBLIC HEARINGS, UH, FOR SOME PROJECTS, BUT IF IT'S A TYPE A PROJECT, UH, KIND OF THE STRICT REQUIREMENTS THAT DEFINED YOU DON'T HAVE TO DO THAT PUBLIC HEARING.

BUT IF IT'S SOMETHING THAT YOU HAVEN'T CONSIDERED BEFORE, OR YOU DO HAVE TO GIVE PUBLIC NOTICE FOR 60 DAYS, JUST TO LET THE PUBLIC KNOW YOU'RE CONSIDERING THIS BEFORE YOU APPROVE THE EXPENDITURES.

SO THAT'S KIND OF THE TYPE B, AND WE CAN ALWAYS GO BACK TO THAT AFTER THIS.

UH, BUT THE OTHER OPTION THAT WE'D BEEN ASKED TO LOOK INTO IS SALES TAX FOR GENERAL REVENUE.

YOU MAY ALREADY BE FAMILIAR WITH THIS JUST BECAUSE WE ALREADY DO HAVE THE SALES TAX IN THE CITY.

THAT'S WHERE THE 1% THAT WE DO HAVE IS GOING TO CURRENTLY.

UM, SO IF THERE WAS INCREASED, THIS WILL JUST KIND OF BE A SIMILAR USE OF WHAT WE ALREADY HAVE.

UH, THE SALES TAX WILL, WE DO HAVE TO GO INTO THE GENERAL FUND AND FUND THE MAJORITY OF CITY SERVICES.

SO THIS IS OUR BIGGEST FUN THAT WE HAVE AS THE GENERAL FUND IN THE CITY.

THAT'S THE PRIMARY FUND.

IT PAYS FOR THINGS, UM, KIND OF SEE LIKE POLICE, FIRE, PARKS, AND RECREATION LIBRARY, UH, CITY ADMINISTRATION, UH, ALL THE CITY, UH, STEPH, UM, SALARIES, UM, ENGINEERING, PLANNING, BUILDING INSPECTION, EMERGENCY OPERATIONS, PUBLIC WORKS.

YOU'LL SEE PRETTY MUCH EVERY DEPARTMENT THAT'S NOT TIED TO THE UTILITY FUND IS PAID FOR THAT WAY.

UH, THINGS LIKE CITY VEHICLES, LIKE FIRE ENGINES, POLICE VEHICLES ARE ELIGIBLE CAPITAL IMPROVEMENT, PLAN PROJECTS, AND THEN, UH, BONDS.

SO IF WE HAVE DEBT THAT WE'RE SERVICING CAN BE PAID FOR WITH THAT TOO.

SO IF YOU WANT TO GO OUT AND DO A MAJOR ROAD PROJECT OR SOMETHING LIKE THAT, YOU COULD PAY FOR THAT WITH GENERAL FUND DOLLARS.

UH, SO YOU DO HAVE A LOT OF FLEXIBILITY WITH THAT.

SO IF YOU CHOSE TO USE THAT PARTIALLY FOR ECONOMIC DEVELOPMENT, THAT'S, UH, ABILITY YOU WOULD HAVE, UM, SOME OPTIONS WOULD INCLUDE EITHER CREATING POLICIES.

SO, UH, WITHOUT CREATING A TYPE OF ECONOMIC DEVELOPMENT CORPORATION, YOU COULD DEFINE, THESE ARE THE INDUSTRIES WE WANT TO GO AFTER.

THESE ARE THE METRICS WE'RE LOOKING FOR, SET THOSE REQUIREMENTS AT THE CITY COUNCIL LEVEL, OR IF YOU WANTED TO FOLLOW THE TYPE OF YOUR MODEL, THAT IS SOMETHING THAT YOU COULD CREATE AND THEN FUND IT THROUGH GENERAL REVENUE.

SO THAT'S SOMETHING WE COULD LOOK AT IN SUMMARY REALLY GIVES YOU A LOT OF FLEXIBILITY WITH GENERAL REVENUE.

IT'S SOMETHING THAT WE HAVE A LOT OF EXPERIENCE ADMINISTERING ALREADY, JUST BECAUSE IT'S WHAT WE ALREADY HAVE.

UH, IT GIVES FUTURE COUNCILS THE ABILITY TO ADAPT.

SO TO GIVE YOU AN IDEA OF WHAT 1% SALES TAX IS OVER THE NEXT 10 YEARS, IT'S ABOUT $164 MILLION.

SO IF YOU WANTED TO DECIDE A PORTION OF THAT SHOULD BE FOR ECONOMIC DEVELOPMENT PORTION SHOULD BE FOR PARKS, POLICE, FIRE.

YOU WOULD HAVE THE ABILITY TO DO THAT, UH, AND GIVE YOU AN IDEA OF WHAT NEIGHBORING COMMUNITIES ARE DOING.

CEDAR PARK HAS A 2 CENT TOTAL.

YOU'LL SEE TWO SENSES.

WHAT EVERYONE HAS AROUND HERE, UH, GENERAL FUND DOES HAVE THAT ONE CENTER IN EVERY CITY.

AND THEN YOU'LL SEE IT BROKEN DOWN BY DIFFERENT USES, PRIMARILY TYPE A TYPE B, AND YOU'LL SEE A SPLIT BETWEEN PROPERTY TAX RELIEF OR STRAIGHTENED MAINTENANCE.

AND I DEFINITELY HAVE TIME FOR QUESTIONS.

SO I'M HERE.

YEAH.

THANK YOU.

WE HAVE A SPEAKER SIGNED UP, SO DON'T GO FAR.

OKAY.

MR. HALL, WELCOME BACK.

YOU KNOW, THE DRILL

[00:45:01]

NAME OR ADDRESS PATH LEANDER, OVERLOOKING STATES, UM, AS A PRIVATE CITIZEN, NOT AS A REPRESENTATIVE, ANYONE ELSE? UM, I WANTED TO, AFTER READING THE PROPOSED FIRST BALLOT IN DECEMBER, UM, AND REMEMBERING THAT THE, UH, THAT 160 VOTERS IN 1980 APPROVED CAP, METRO, 1% TAX INCREASE THROWING THAT AROUND.

IT WAS VERY LOW, BUT THE FACT WAS THAT THE BALLOT SAID, IF YOU WANT CAP, METRO, YOU HAVE TO AGREE TO A 1% SALES TAX.

AND THAT WAS WHAT THEY DID.

UM, SO AS A CITIZEN HERE, I ASKED MYSELF, WAS THIS BALLOT VERY TRANSPARENT TO ME? DID I HAVE UNDERSTAND THAT I MAY HAVE THE OPTION TO NOT HAVE 1% SALES TAX ADDED TO OUR BASE.

NOW I'M PERSONALLY GOING TO VOTE FOR A 1% SALES TAX FOR MANY OF THESE REASONS, BUT I DIDN'T FEEL LIKE THE BALLOT FAIRLY OFFERED THE AVERAGE, UH, CITIZEN WHO MAY NOT READ DEEP INTO THE, UH, THE COMMUNITY IMPACT OR THE PACS, MAYBE THAT FORM AND PROMOTE ONE OR OTHER SIDE WITH THEIR QUICK BY-LINES AND SUCH THAT, YOU KNOW, RISE OUR EMOTIONS.

UM, SO I JUST WANT TO ASK THE COUNCIL TO CONSIDER IN THEIR WORDING.

UH, DOES THE CITIZEN HAVE THE OPPORTUNITY TO ACTUALLY GO, DO I WANT TO SELL STACKS? WOULD I RATHER HAVE THE SALES SEX TO REDUCE MY PROPERTY TAX A LITTLE BIT? UH, DO I WANT THE SALES TAX FOR USE BY THE CITY COUNCIL FOR ECONOMIC AND OTHER REASONS? RIGHT.

AND THAT'S ALL I'M ASKING IS, UH, THINK ABOUT, YOU KNOW, DO WE, ARE WE TRYING TO, IS IT LOOKING A LITTLE HIDDEN WHEN WE SAY FOR AND AGAINST WHAT IF I VOTE AGAINST IT AGAINST DOES THAT MEAN I GET MY 1% BACK? UM, SO I DON'T KNOW HOW THAT WOULD COME OUT, BUT READING IT, I FELT LIKE, YOU KNOW, THAT MIGHT BE THE RESULT, BUT IT WASN'T SURE.

AND I FELT LIKE MOST PEOPLE WOULD FEEL LIKE THAT YOU OFFERED A FAIRLY TO THEM.

AND I WOULD HOPE THAT OUR CITIZENS WOULD FIND THERE'S A VALID USE FOR THE FUNDS.

THANK YOU.

THANK YOU, MR. HALL.

UM, I'M NOT SURE WHO WANTS TO ADDRESS THAT IF THAT'S MR. GOODMAN OR MS. SIGNS ABOUT BALLOT LANGUAGE, I THINK WE'RE FAIRLY CONSTRICTED ON WHAT WE CAN DO.

AND IF I UNDERSTOOD THE QUESTION WAS THE QUESTION ABOUT ANY PROPOSED CAP METRO BALLOT LANGUAGE OR ABOUT THE PROPOSAL SALES TAX? I BELIEVE IT WAS THE CLARITY OF THE SALES TAX.

YES, I'M SEEING, YES.

OKAY.

UM, SO ANY FIRST OF ALL, THAT, IF, IF THERE IS AN ELECTION ON THE CAP METRO PROPOSITION, THAT'S THE ONLY WAY THAT THIS BALLOT LANGUAGE WOULD COME BEFORE YOU.

OKAY.

UM, I'M DONE DONE SO THE STATE LAW FOR THE MOST PART TELLS US WHAT THE BALLOT LANGUAGE NEEDS TO SAY.

UH, IF THERE IS A, UM, AN ELECTION ON THE CAP METRO ISSUE, AND IF THE VOTERS, UM, CHOOSE TO DECLINE TO CONTINUE WITH CAP METRO, THEN FOR THAT, THERE'S A 1% SALES TAX THAT CAP METRO COLLECTS AND THAT SALES TAX WILL CONTINUE TO BE COLLECTED FOR A PERIOD OF TIME UNTIL THE CITY PAYS OFF A NET FINANCIAL OBLIGATION, WHICH IS A, UM, PAYMENTS SET BY STATUTE THAT, UH, IS REQUIRED TO BE ASSESSED AGAINST ANY ENTITY THAT WITHDRAWS FROM CAP METRO.

UM, THIS ONCE THAT GOES AWAY, THERE'S NOT ANOTHER SALES TAX THAT TAKES ITS PLACE UNLESS THE VOTERS CHOOSE THAT.

AND THE WAY THIS COMES BEFORE THE VOTERS IS THAT THE COUNCIL DECIDES WHAT INITIATIVE TO PUT BEFORE THE VOTERS.

AND THERE'S VARIOUS OPTIONS YOU CAN CONSIDER.

UH, THE TWO THAT YOU'RE FOCUSING ON ARE THE GENERAL REVENUE SALES TAX AND THE FOUR B SALES TAX.

AND SO THE, THE, THE ISSUE OF KIND OF HAVING A MENU OF OPTIONS, LIKE I, AS THE VOTER WOULD LIKE A MENU OF OPTIONS.

AND I'D LIKE TO CHOOSE BETWEEN ONE OF THESE OPTIONS TO, UM, ENACT A NEW SALES TAX.

THAT'S, THAT'S NOT REALLY HOW THE STATUTE WORKS.

THE COUNCIL HAS TO, UM, MAKE AN ELECTION AND CHOOSE WHAT TO PUT BEFORE THE VOTERS.

THERE ARE SOME CIRCUMSTANCES WHERE A PETITION, IF A SUFFICIENT PETITION IS RECEIVED, THEN YOU YOU'D BE REQUIRED TO PUT THAT BEFORE THE VOTERS.

I DON'T, I'M NOT PREPARED TO DISCUSS WITH YOU, WHICH OF THOSE THAT WOULD BE AT THIS POINT.

BUT, UM, SO THERE'S NOT REALLY A WAY TO HAVE A MENU OF OPTIONS, UM, FOR THE VOTERS TO CONSIDER NUMBER ONE, NUMBER TWO, WHEN IT COMES TO THE BALLOT LANGUAGE, FOR WHATEVER OPTION YOU PUT BEFORE THE VOTERS, THE STATE LAWS SETS THE REQUIREMENT FOR THE GENERAL REVENUE SALES TAX.

IT TELLS YOU, THIS IS WHAT THE BALLOT LANGUAGE MUST READ.

THERE'S A LITTLE BIT OF FLEXIBILITY, BUT THE MORE FLEXIBILITY YOU TAKE WITH THAT, IT GETS A LITTLE RISKY ON, OKAY, WE'RE GOING OUTSIDE.

WHAT THE STATUTE SAYS IS,

[00:50:01]

IS THE COMPTROLLER GONNA ACCEPT THAT WE'VE PASSED THIS BALLOT LANGUAGE BY THE CONTROLLER TO MAKE SURE THERE THEY WOULD ACCEPT THIS? IF IT WAS ADOPTED, UH, YOU HAVE SOME LEEWAY ON THE, UM, TYPE B BALLOT LANGUAGE, BUT I WILL SAY THAT IT IS THE INTENT OF THE CITY, DEPENDING ON COUNCIL'S ACTION TO PUT OUT INFORMATIVE DOCUMENTATION FOR THE VOTERS, A VOTER BROCHURE, INFORMATIONAL BROCHURE THAT WOULD SERVE TO GIVE THAT TRANSPARENCY TO THE VOTERS AND EXPLAIN WHAT THE BALLOT INITIATIVES ARE ABOUT.

AND HOPEFULLY, YOU KNOW, WITH THINGS BE MORE ONLINE AND ACCESSIBLE ONLINE, PEOPLE WERE HAVING, THAT'S HOW PEOPLE LIVE NOW.

THAT'LL BE EASIER FOR THE VOTERS TO FIND AND READ AND FEEL LIKE THEY'RE INFORMED ABOUT THAT INFORMATION.

THANK YOU.

SURE.

SO THERE'S NOT A WHOLE LOT OF OPTION ON THE LANGUAGE ITSELF.

WE'RE MORE PICKING WHICH ONE WE WANT TO GO WITH.

CORRECT.

ALL RIGHT.

THANK YOU, COUNSEL, EVEN THOUGH THE BEST ONE FOR US IS THE WORST LANGUAGE OF ALL OF THEM.

THAT'S JUST MY F I MEAN, I GOT TO LISTEN TO THE MEETING AND YOU GUYS ASK GOOD QUESTIONS DURING THE MEETING.

AND, UH, THIS WAS TWO WEEKS AGO AND IT SEEMS THAT THE BIGGEST QUESTION I HAD WAS WHAT CAMERON JUST ANSWERED, UM, IS CAN WE, CAN WE, DO WE HAVE THE FLEXIBILITY OF ACTUALLY STARTING ECONOMIC DEVELOPMENT CORP OR HAVING SOME TYPE OF POLICY IN PLACE WHERE WE CAN USE THAT A LITTLE BIT MORE FREELY? AND I THINK THAT THAT SEEMED TO BE WHAT COUNCIL WAS THINKING THAT THE LAST MEETING, AND EVEN THOUGH I WASN'T HERE, I WOULD AGREE WITH THAT.

I JUST HATE THE LANGUAGE AND I WISH THAT IT WAS DIFFERENT.

CAUSE IT LOOKS LIKE THERE'S ACTUALLY PROBABLY A TYPO IN HERE TOO.

CAUSE IT SAYS 1%, TWO.

OKAY.

UM, IT LOOKS LIKE WE'RE GOING TO GO CHART CHARGE AN EXTRA CENT.

THEN WE ARE ACTUALLY ARE, IS HOW THAT CAN BE TAKEN.

SO THE EDUCATION PROCESS IS GOING TO BE UP TO US AND STAFF AND WHOEVER ELSE TO REALLY DO A GOOD JOB WITH THAT, GETTING THE WORD OUT THERE.

AND YOU'RE RIGHT ON THE, THE WAY THAT WE CAN GET THAT INFORMATION OUT IS PROBABLY EASIER THAN MAYBE 15 YEARS AGO, BUT STILL, UM, WISH IT WAS DIFFERENT.

EVEN THE CONDITION UPON MAJORITY, NO VOTE ON THE PROPOSITION.

HEY, ISN'T IT REALLY LIKE CONTINGENT IF IT'S A YES.

VOTE, YOU KNOW, UM, IT'S JUST, IT'S, IT'S LIKE I CAN UNDERSTAND WHERE YOU'RE COMING FROM.

HOW ABOUT THAT? SO I HAVE PRETTY MUCH THE SAME NOTES HERE OUT THAT WE, REGARDLESS OF WHAT WE CHOOSE, WE, WE DO HAVE TO BE VERY CAREFUL IN CLARIFYING AND EXPLAINING THESE PROPOSITIONS BECAUSE IT DOES LOOK LIKE WE ARE INCREASING A SALES TAX.

AND I MEAN, HOW MANY TIMES THOSE PROPOSITION, BUT ON THE VOTE, AND THIS IS NOT A TAX INCREASE AND SHE HAD IS, UH, BUT THEN IT, BUT IT ISN'T, AND IT'S, WE NEED TO MAKE THAT CLEAR THAT THIS DOES NOT CHANGE AND IT'S SALES TAX CLEARLY DIFFERENT.

UH, BUT THE EXPLANATION IS GOING TO BE CRUCIAL.

AND I THINK STAFF KNOWS THAT I GOT A NOD THERE.

UM, BUT, BUT I DO HAVE, UH, I DO WANT TO UNDERSTAND EVERYONE'S IDEA ABOUT THE DIFFERENCES IN THE OPTIONS, BECAUSE WE, WE, WE HAVE THE OPTION OF DOING A COMBINATION OR ONE OR THE OTHER.

UM, I'VE TALKED TO A FEW PEOPLE.

AND ONE OF THE COMMENTS THAT I GOT WAS THAT IF YOU DO ECONOMIC DEVELOPMENT, UH, THE TYPE B, THEN THE VOTERS ARE POSSIBLY, WE DON'T KNOW, UH, MORE LIKELY TO VOTE FOR IT BECAUSE IT SPECIFIES WHAT IT'S FOR AND IT'S, THEY KNOW WHAT THEY'RE VOTING FOR, WHERE THE OTHER, UH, THE GENERAL FUND JUST, IT DOES SOUND LIKE WE'RE JUST GETTING MORE MONEY AND THEY'RE PAYING MORE MONEY AND THAT'S NOT THE CASE.

SO HAVING THE COMBINATION, MAYBE MORE CONFUSING, BUT IT DOES GIVE US THE FLEXIBILITY.

UM, AND BACK TO THE, THE POSSIBILITY, UM, I KNOW I'M ALL OVER THE PLACE HERE, BUT JUST GOOD AND BAD ON EACH ONE, THE ONE, UH, OPTION FOR JUST THE GENERAL FUND THAT, THAT DOES GIVE US THE MOST FLEXIBILITY.

IF WE DO CREATE THE, A, OUR OWN ECONOMIC DEVELOPMENT FUND OUT OF THAT.

SO I LIKE THAT.

I LIKE THAT FLEXIBILITY.

AND I THINK THAT IS PROBABLY THE BEST LONG-TERM OPTION, UM, BECAUSE WE WON'T BE THE SAME FIVE YEARS FROM NOW AND WE WON'T BE THE SAME 10 YEARS FROM NOW.

AND THAT GIVES US THE FLEXIBILITY TO ADJUST ACCORDING TO THE NEEDS OF THE CITY AT THAT TIME.

SO I, I REALLY LIKE THAT LANGUAGE AND I'M RELYING ON THE, THE CLEAR EXPLANATIONS.

UM, AND MS SIGNS, YOU SAID SOMETHING ABOUT HOW WE, WE HAVE THE ABILITY TO GET MORE INFORMATION OUT THAN WE USED TO.

UNFORTUNATELY, SOME OF THOSE, UH, MODES OF COMMUNICATION ALSO BLURRY THE LINES DRASTICALLY

[00:55:01]

AND A LOT OF MISCOMMUNICATION OR MISINFORMATION GETS COMMUNICATED.

UM, SO AGAIN, HAVING CLEAR, YOU KNOW, COPY AND PASTE, UM, IS CRUCIAL.

SO THAT'S, THAT'S ALL I HAVE TO SAY.

THANK YOU, COUNCILMAN SHELL.

SO ARE YOU SAYING THAT YOU WANT TO ADD INTO THE GENERAL REVENUE GENERAL FUND? I AM SO AGAINST THAT.

I MEAN, MAYBE AN EIGHTH OF A SNAP, WHY YOU JUST HAD OUR, WE HAD OUR, WE JUST HAD OUR, UH, CITY MANAGER AND OUR ECONOMIC DEVELOPMENT DIRECTOR, BOTH TELL US THERE'S MORE FLEXIBILITY THERE.

THE PROJECTS THAT WE HAVE THAT ARE OVER BUDGET RIGHT NOW ARE DUE TO WHAT IT'S NOT STAFF IT'S COUNCIL'S COUNCIL, CRAIG WILDWOOD, DON'T, I'M SAYING PUT IT AND MAKE IT WHERE THE CITY HAS TO USE IT.

AND IT TAKES IT OUT OF THE POLITICIANS HAND AND TAKE IT OUT OF STAFF AND THEY HAVE TO USE IT FIRST, SERVE A THING.

YOU ALLOW TO GO INTO GENERAL REVENUE AND I'M TELLING YOU, COUNCIL FREEBIE IS GOING TO, AND THEY'RE GOING TO COME IN THERE.

AND THAT'S WHERE THE, AND I THINK THAT WE'RE, WE'RE ALSO, WE'RE, WE'RE ALSO, THERE'S A NEED, UM, TO, FOR IT TO BE IN GENERAL FUNDS TO, TO ALSO HELP WITH SOME OF THE THINGS THAT WE NEED AS A CITY.

SO THAT'S MY, THAT'S MY CONCERN, WHICH IS PUTTING IT ALL INTO ECONOMIC DEVELOPMENT.

AND THEN, UM, I THINK, I DON'T KNOW WHO IT WAS.

MAYBE, MAYBE MAYOR AT THE LAST MEETING WHEN I WAS WATCHING SOMEBODY BROUGHT UP, UM, HAVING BOTH ON THERE AS MAYBE CONFUSING.

UM, AND I AGREED.

THERE'S A CHANCE SOMEBODY COULD SAY NO TO ONE AND YES, TO ONE, AND THEN WE JUST LOST A HALF CENT.

RIGHT? AND SO THAT'S, THAT'S MY REASON IS FLEXIBILITY.

I'VE HEARD IT FROM MULTIPLE MEMBERS OF STAFF AND IF THAT'S NOT TRUE, ANYBODY ELSE ON STAFF HAS AN OPINION, THEN PLEASE TELL US.

BUT FROM THOSE TWO, THAT WOULD BE, THAT WOULD BE RESPONSIBLE FOR EVEN THE ECONOMIC, THAT THE TYPE B, UM, I'M HEARING THE SAME THING.

SO WE'LL GIVE YOU MORE MONEY.

YOU'RE OKAY WITH THAT.

WE'LL GIVE YOU AN EXTRA RESOURCE OF MONEY.

YOU'RE OKAY WITH THAT.

YOU DON'T GOT NO ISSUES WITH THAT.

THAT'S JUST AN EXAMPLE OF THE MAN PLAYING WITH CHRIS.

HELLO.

MY KIDS JUST GOT A LOT OF MONEY FROM, FROM WHEN THEIR GRANDPARENTS AND IS SITTING THERE AND I'M TELLING THEM, LET'S GO INVEST THIS.

LET'S PUT THIS AWAY AND LET'S, LET'S GET IT OUT OF YOUR HAND AND DON'T TOUCH IT.

AND IF YOU'RE RESPONSIBLE, DON'T TOUCH IT.

THEN I'M GOING TO BACK YOU UP.

AND IF YOU NEED THINGS THAT THE GRANDPARENTS HAD THE MONIES FOR, BUT I'M GOING TO FIGURE THAT OUT.

RIGHT.

BUT THEY WANT TO USE IT, SAME THING WITH THE CITY.

AND I'M NOT SAYING THAT THAT THE CITY, THAT CITIZENS OR CHILDREN OR STAFF, OR EVEN COUNCILS, BUT PUT IT IN THERE.

THERE'S THINGS THAT ARE SOLID THAT WE NEED THAT WE KNOW WHEN WE'RE LOOKING OUT RIGHT THERE, WE'RE GOING TO HELP THESE DEVELOPERS, WHO, THE PULL THIS INFRASTRUCTURE, WE'RE GOING TO DO IT IN THE ROAD AND STUFF.

PUT IT THERE.

DON'T USE IT.

WHERE SOMEBODY, IF, IF, IF THERE'S THESE WEIRD ELECTIONS, LIKE WHEN PEOPLE WANT TO DO ALL THIS FLOW, DON'T GIVE THEM THE ABILITY TO DO THAT.

SO I CAN, I COMMENT ON THAT? OKAY.

MY THOUGHT ON THAT IS LIKE I MENTIONED A LONG-TERM SOLUTION.

LET'S SAY WE'RE BUILT OUT.

WE DON'T NEED ECONOMIC DEVELOPMENT, PER SE INCENTIVES, THINGS LIKE THAT.

WE NEED MONEY TO PAY THE BILLS, UH, THAT GIVES THE LONGTERM SOLUTION FOR WHAT WE NEED WHEN WE NEED IT.

AND I'M, IT'S JUST A CONVERSATION.

I'M NOT SAYING IT'S THE WAY THE ELECTION, WHEN YOU'RE BUILT OUT, THAT'S WHAT YOU DO.

YOU HAVE TO ADAPT.

YOU HAVE TO EVOLVE.

AND WHEN YOU'RE BUILT OUT, YOU WON'T, EVEN IF YOU HAVE THE OPTION, YOU WON'T NEED THE ELECTION.

YEAH.

OKAY.

OKAY.

MARGARET, WHAT HAPPENS WITH THE MONEY? THAT'S PUT IN BONDS WITH PEOPLE WE'RE GOING TO DROP OFF.

WE'VE ALREADY SEEN IT IN THE CITY, NOT BY STAFF.

I'M NOT ACCUSING ANYBODY OF THAT.

IF YOU GO BACK OVER THE LAST 10 YEARS, IT'S COUNCILS, ARE YOU TALKING ABOUT, ARE YOU TALKING ABOUT GENERAL FUND ONLY, OR THE COMBINATION OF, AND BE RESPONSIBLE, PUT IT TO WHERE IT GOES TO CERTAIN USES THE COURT B LOOKS LIKE EVERYTHING WE NEEDED TO GO TO COURT BE DOES EVERYTHING.

RIGHT? I MEAN, IT'S SUCH A HUGE THING.

RIGHT? AND SO YOU HAD TO STAY WITHIN THOSE PARAMETERS AND THEN IT PROTECTS EVERYBODY.

IT PROTECTS EVERYBODY INVOLVED, BUT WHENEVER YOU GO, OKAY, SO I'VE GOT THIS ADDITIONAL, WHICH WE DON'T HAVE RIGHT NOW.

RIGHT? CAUSE THIS IS ALL BASED OFF THE CAP.

METRO.

WE DON'T HAVE IT.

SO IT'S GOING TO BE, EVERYTHING'S GOING TO BE A BLESSING IF, IF WE HAVE THAT ONE SENTENCE, RIGHT? SO THAT'S ALL I'M SAYING.

AND THAT'S JUST, YOU KNOW, I'M GOING TO AGREE WITH COUNCILWOMAN PENN TILIAN PARKER ON THIS.

UM, EVERY YEAR WHEN BUDGET SEASON COMES AROUND, WE HAVE TOUGH DECISIONS TO MAKE ABOUT WHO DOESN'T GET AS MUCH MONEY AS THEY'RE ASKING FOR.

AND, UM, YOU KNOW, IT WOULD BE GREAT TO HAVE THIS MONEY IN THE GENERAL FUND.

AND I THINK WE HAVE WELL-DOCUMENTED EXPENSES THAT WE, WE CAN'T PAY FOR RIGHT NOW.

WE CAN'T HIRE AS MANY POLICES WE WANT TO HIRE.

WE CAN'T HIRE AS MANY FIREFIGHTERS AS WE WANT TO HIRE.

WE CAN'T PAY FOR OUR INFRASTRUCTURE IMPROVEMENTS.

FAST ENOUGH.

WE'RE ACQUIRING DEBT THAT WE'D LIKE TO PAY BACK.

[01:00:01]

UM, AND PUTTING IT INTO THE GENERAL FUND GIVES US THE FLEXIBILITY TO SAY THIS YEAR, IT GOES TO THAT THIS YEAR, IT GOES TO THAT ONE.

UM, YOU KNOW, AND THERE'S STILL THAT OPTION OF, WE CAN SET ASIDE CERTAIN AMOUNTS FOR ECONOMIC DEVELOPMENT, JUST LIKE WE DO.

NOW, WE WOULD JUST HAVE MORE FLEXIBILITY TO BE ABLE TO SET ASIDE MORE.

THAT'S WHAT WE'RE STILL NOT TALKING ABOUT.

THE OPTION THREE OF THE COMBINATION WHERE YOU'VE GOT A CERTAIN, A DEDICATED AMOUNT TO FOUR B AND A DEDICATED AMOUNT TO THE GENERAL.

I JUST THINK THERE'S A, THERE'S A RISK ON THE, ON THE BALLOT, THE CONFUSION, CONFUSION.

THAT'S THAT? AND SO IS, WOULD IT BE, UH, TO ANSWER, UM, COUNCIL MEMBER SHAW AND MAYBE, MAYBE EVEN ALL OF US TO LET'S SAY THAT WE ALL WERE IN THE SAME, SAME FRAME OF MIND, UM, WOULD IT BE POSSIBLE? LIKE IF THIS HAPPENS, IF IT GOES ON THE BALLOT, IF THIS IS A YES, VOTE FROM OUR CITIZENS, THEN COUNCIL AT THAT TIME COULD SET FORTH POLICY TO DICTATE WHERE THAT MONEY GOES.

WE'RE GETTING AHEAD NINE.

OKAY.

WHEN YOU SAY SO, SO WE'RE NOT FUTURE COUNCIL J LIKE WE'RE NOT FEATURED COUNCILS, THEY CAN DO WHATEVER THEY WANT.

FUTURE COUNCILS.

THIS COUNCIL, THE, THE IMMEDIATE NEED IS, IS, IS THE FLEXIBILITY ON THE GENERAL FUND.

THE ONLY OTHER, THE ONLY OTHER THING TOO IS YOU MENTIONED BEFORE, I BELIEVE MAYBE A COUPLE OF Y'ALL DID PROPERTY TAX REDUCTION.

THE POTENTIAL THAT COULD BE, IT COULD BE USED FOR THAT AS WELL.

SO A VARIETY OF THINGS, I KNOW BILL IS PROBABLY THINKING ANOTHER TILLER TRUCK, BUT THERE ARE ALL KINDS OF THINGS YOU COULD PAY FOR, BUT HAD TO WORK THAT IN ON, UH, THE GENERAL FUND.

I MEAN, LIKE YOU MENTIONED, YOU COULD BRING DOWN DEBT FASTER.

UM, YOU COULD DO YOUR, FOR B CORP AND STILL HAVE A BOARD AND STILL ESTABLISH THE SAME CRITERIA.

THERE'S ANY OTHER QUESTIONS I WANT TO MAKE SURE THAT, UM, ALL THE COUNCIL MEMBERS GET A CHANCE TO VOICE CONCERNS.

SO COUNCIL MEMBER, MACKEY LONGORIA, DID YOU HAVE ANY CONCERNS OR THOUGHTS? MY THOUGHT IS THAT KEEPING IT AS SIMPLE FOR THE VOTERS, IF THIS DOES GO TO VOTE.

SO I'M IN FAVOR OF GENERAL, GENERAL FUNDS.

THANK YOU.

UM, COUNCIL MEMBER THOMPSON.

YEAH, I THINK WE NEED TO HAVE AS MUCH FLEXIBILITY AS POSSIBLE.

SO THE, UM, GENERAL REVENUE IS WHERE IT SHOULD BE IN MY OPINION, PRETEND DITTO.

DOES THAT FOLLOW? I MEAN, IT'S ABOUT KEEPING IT SIMPLE GENERAL FUND.

OKAY.

ALL RIGHT.

WITH THAT, I'LL MAKE A MOTION THAT WE GO WITH THE GENERAL FUND OPTION.

CAN I ASK ANOTHER QUESTION? OF COURSE.

SO IF WE, IF WE DO ELECT TO GO WITH GENERAL FUND, IS, IS THERE ADDITIONAL LANGUAGE THAT CAN BE INCLUDED THAT SAYS THE INTENT IS THAT A PORTION OF THAT WOULD BE FOR ECONOMIC DEVELOPMENT? WE CAN, WE HAVE SOME TIME I CAN CHECK BACK WITH THE COMPTROLLER.

THEY SAID THEY'VE ACCEPTED BALLOT LANGUAGE.

THAT WAS A LITTLE BIT CLEARER ON, UM, THIS IS WHAT THE STATUTE SAYS, BUT THEY SAID THEY'VE ACCEPTED OTHER LANGUAGE.

SO I CAN EXPLORE THAT A LITTLE BIT MORE AND SEE IF THAT IS ANOTHER, IF THERE'S ANOTHER GOOD OPTION AVAILABLE THAT THEY WOULD ACCEPT.

OKAY.

BECAUSE I THINK, I THINK WHAT A LOT OF THE DISCUSSION HAS BEEN ABOUT, UM, REGARDING THE CAP METRO SITUATION, MEANING THE, THE MONEY THAT GOES GOES OUT TO, TO THEM AND NOT TO US WAS, WAS THAT WHAT WE COULD USE THAT MONEY FOR WOULD BE ECONOMIC DEVELOPMENT.

SO I THINK TAKING THAT OUT OF THE CONVERSATION, UH, AND NOT HAVING IT INCLUDED, EVEN IF WE GO WITH GENERAL FUND, IT IT'S, IT SOUNDS DISINGENUOUS WHAT WE WERE DISCUSSING, UH, AND THE, THE PURPOSES AND THE INTENTION, AND THEN CHANGING IT, UM, NOT WITH THE INTENTION OF THE CONFUSING, BUT IT SHOULD BE IN THE BALLOT LANGUAGE SOMEHOW.

DOES THAT MAKE SENSE? I ACTUALLY DISAGREE.

WHY? BECAUSE I DON'T THINK THAT'S HOW EVERYBODY LOOKS AT IT.

THAT IT'S EITHER CAP METRO OR ECONOMIC DEVELOPMENT.

I THINK THEY LOOK AT IT AS IT'S CAP METRO OR MORE MONEY TO THE CITY, WHICH I KNOW MY CITY NEEDS MONEY BECAUSE I SEE ALL OF THESE NEEDS.

AND I THINK THAT THERE ARE SOME PEOPLE THAT BRISTLE, WHENEVER YOU BRING UP A TYPE B CORPORATION, BECAUSE THEY SEE IT AS CORPORATE WELFARE.

AND I THINK THAT THAT HURTS US.

I THINK THAT THE GENERAL FUND IS APPEALING AND WE CAN, AS A COUNCIL, DEDICATE THAT MONEY ON OUR OWN WITHOUT MUDDYING THE WATERS, THE VOTERS, AND SEE THE CONVERSATIONS I HAVE AND I'M NOT DISAGREEING, UM, ARE WHY DOES CEDAR PARK HAVE THIS? AND, AND WE DON'T, HOW IS IT THAT CEDAR PARK GETS THAT BECAUSE IT'S ALWAYS CEDAR PARK IS THE, THE, THE REFERENCE OUT AND THAT'S THE EXPLANATION.

THEY HAVE A, FOR B AND WE DO NOT.

UH, SO THAT'S, THAT'S THE CONVERSATIONS THAT, THAT COME AT

[01:05:01]

ME.

YEAH, THAT'S FAIR.

IT'S JUST MORE COMPLICATED FOR THE VOTERS.

I FEEL LIKE IT MEANS THAT WE HAVE TO HAVE AN EXPLANATION CONSTANTLY TO EVERY PROSPECTIVE VOTER INSTEAD OF JUST KEEPING IT CLEAN AND SIMPLE.

AND IT GOES INTO THE GENERAL FUND, WHICH EVERYBODY UNDERSTANDS.

I NEED, I NEED TO CLARIFY MY ANSWER.

I THOUGHT, UM, WHEN, WHEN YOU ASKED THE QUESTION ABOUT CLARIFICATION, I THOUGHT YOU WERE TALKING ABOUT ON THE GENERAL REVENUE STATING SOMETHING ALONG THE LINES OF, UM, INCREASING THE LOAD, INCREASING THE LOCAL SALES AND USE TAX IN THE CITY OF LANDER FROM 1% TO 2%.

THAT WAS, THAT'S THE EXTENT OF THE CLARIFICATION WE COULD PUT IF YOU WERE TO, UM, GO WITH THAT OPTION AND WANT MORE CLARIFICATION, HAVING ALL THE EXPLANATION THAT YOU'VE JUST DISCUSSED.

WE CAN'T, WE CAN'T GO THAT FAR WITH THE BALLOT LANGUAGE.

THAT'S GOING TO HAVE TO BE THE INFORMATIONAL GUIDE TO THE VOTERS.

WELL, THAT'S WHAT I MEAN, NOT, NOT NECESSARILY ON THE BALLOT, BUT THE EXPLANATION.

OKAY.

YES.

UNDERSTOOD.

OKAY.

YES.

YEAH.

THE LANGUAGE IS ALWAYS CONFUSING.

NO MATTER WHAT ELECTION IT IS.

YEAH.

ALL RIGHT.

THERE'S A MOTION.

IS THERE A SECOND? I'M SORRY.

WHAT WAS THE MOTION TO, UM, TO PUT ON THE BALLOT, THE GENERAL REVENUE, OR TO APPROVE THE WORDING FOR GENERAL GENERAL REVENUE.

OKAY.

IS THAT RIGHT? WE'RE APPROVING WORDING OR APPROVING YOU TO GO BACK.

YOU DON'T NEED TO APPROVE THE WORDING.

I HAVE A TYPO.

UM, BUT IF YOU DIRECT THAT WE BRING BACK THE ORDINANCE WITH THAT SALES TAX OPTION, WE WILL DO THAT.

THANK YOU.

THANK YOU MY SECOND.

GOTCHA.

THANK YOU.

UH, ANY FURTHER DISCUSSION? ALL RIGHT.

ALL THOSE IN FAVOR, OPPOSED PASSES SIX TO ONE.

THANK YOU.

[20. Discuss and consider action on proposed amendments to the Home Rule Charter.]

ALL RIGHT.

ITEM 20, DISCUSSING CONSIDER ACTION ON PROPOSED AMENDMENTS TO THE HOME ROLE CHARTER CITY ATTORNEY SIGNS.

WELCOME BACK.

IT'S YOU AGAIN? LET ME GET MINE.

ALL RIGHT.

MARIN COUNCIL.

WE UPDATED THE, UH, CITY CHARTER PROPOSED CITY CHARTER AMENDMENTS, BASED ON COUNSEL'S INPUT AT THE LAST MEETING.

UH, THE WAY THIS APPEARS BEFORE YOU IS THAT THE NEW LANGUAGE APPEARS IN RED TEXT, UM, WHERE WE ARE MAKING CHANGES TO EXISTING LANGUAGE IT'S IT'S BOLDED AND UNDERLINED AND ITALICIZED.

UM, THERE ARE A FEW ITEMS WHERE YOU REQUESTED SOME ADDITIONAL INFORMATION AND IT'S NOTED, IT'S NOTED ABOVE THE PROPOSED PROPOSITION.

UM, AND THEN THE STAFF GATHERED THE DATA THAT YOU WERE INTERESTED IN FINDING OUT MORE ABOUT, AND THAT'S PROVIDED TO YOU AS WELL.

SO THAT'S A VERY GENERIC, GENERAL OVERVIEW.

WE CAN GO INTO THE SPECIFIC AMENDMENTS AND DISCUSS THOSE INDIVIDUALLY, BUT I WOULD DEFER TO THE COUNCIL HOW YOU'D LIKE TO TAKE THIS UP TO BE EFFICIENT WITH YOUR TIME.

I THINK WE'LL JUST GO ONE BY ONE.

OKAY.

SO THE, UH, THE FIRST AGENDA, THE FIRST ITEM IS THE TERM LIMITS PROVISION.

IF YOU RECALL, THERE IS A RECOMMENDATION FROM THE CHARTER COMMISSION THAT THERE'D BE TERM LIMITS, UH, THAT THERE'D BE A TERM LIMIT OF TWO THREE-YEAR TERMS FOR MAYOR TWO THREE-YEAR TERMS FOR THE COUNCIL POSITIONS, OTHER THAN MAYOR.

AND THEN A COMBINATION OF TWO, THREE YEAR TERMS FOR COUNCIL AND TWO THREE-YEAR TERMS FOR MAYOR, REGARDLESS OF THE ORDER SERVED, UNLESS THERE IS A BREAK IN BETWEEN THE TERM SERVE OF THE EQUIVALENT OF ONE, ONE FULL TERM, BASICALLY THREE YEARS.

SO THAT MEANS THAT A PERSON CAN, UH, REACH A TERM LIMIT AND THEN SERVE AGAIN, AFTER THEY'RE OUT OF OFFICE FOR THREE-YEAR PERIOD, UH, COUNSEL REQUESTED SOME DATA ON WHAT, HOW MANY TERMS HAVE PRIOR COUNCIL MEMBERS SERVED SO THAT YOU CAN SEE WHO HAS SERVED, UM, MULTIPLE TERMS. AND HOW MANY OF THOSE HAVE BEEN THAT INFORMATION IS PROVIDED TO YOU? IT'S BEEN BROKEN DOWN INTO ELECTED OFFICIALS SERVING THREE OR MORE YEARS, THREE OR MORE TERMS, AND THOSE SERVING TWO OR LESS TERMS. AND SO THEN THAT DATA IS IN FRONT OF YOU.

SO YOU CAN THINK THERE'S A TYPO ON HERE BECAUSE, UM, CHRIS FIELDER, SINCE HE DID, UM, HALF OF THEM AS MAYOR

[01:10:01]

AND HALF OF THEM, HIS COUNCIL MEMBER, I THINK HE WOULD NOT BE SUBJECT TO WHAT'S IN FRONT OF US FOR THESE TERM LIMITS.

CORRECT.

BECAUSE THERE'S ONLY TWO TERMS AS EACH CORRECT.

AND I THINK THE DATA WAS PROVIDED TO YOU JUST REGARDLESS OF WHETHER THEY WOULD HAVE BEEN HIT BY THIS SECTION OR NOT.

SO I THINK IF YOU, IF THE ELECTION OFFICIALS SERVING THREE OR MORE TERMS, THOSE WOULD BE THE PEOPLE, LIKE YOU SAID, THAT WOULD BE HIT BY THIS TERM LIMIT WOULD BE AFFECTED BY THIS TERM LIMIT PROVISION.

AND YOU ARE CORRECT IF, UH, THE CHRIS FIELDER, UM, EXAMPLE, HE WOULD NOT BE TERM LIMITED.

IT WAS FOR ELECTIVE BASED ON, OKAY.

I MEAN, AFTER SERVING, AFTER SERVING THOSE TERMS, HE WOULD BE TERM LIMITED BASED ON HOW THIS WAS DRAFTED.

SO WHAT WE'RE LOOKING AT THEN IS IN THE LAST 17 YEARS, THERE ARE FIVE PEOPLE THAT WOULD HAVE BEEN AFFECTED, SORRY.

NOPE.

THAT THAT'S, THAT, AND THAT IS ALL ON THAT PARTICULAR ITEM.

DO YOU WANT TO DISCUSS EACH ITEM OR GO THROUGH THE EXPLANATION COUNSEL? HOW DO Y'ALL WANT TO HANDLE THIS DISCUSSION OR JUST ABOUT THEM UP AND DOWN? I THINK THIS ONE MIGHT NEED A TINY BIT OF DISCUSSION JUST SINCE, ESPECIALLY WHEN WE WEREN'T HERE.

UM, AND I DON'T THINK ALL OF THEM ARE GOING TO BE NECESSARY TO DO THIS, BUT MAYBE IF I JUST ON THIS ONE, SO DO YOU HAVE ANYTHING THAT YOU WOULD SAY, OKAY, UM, MY MINE HERE IS JUST, I, I, AGAIN, I WATCHED THE BACK AND FORTH A LITTLE BIT ON THAT ONE AND I UNDERSTAND WHAT IT'S TRYING TO BE ACCOMPLISHED.

AND YOU DON'T JUST HEAR ABOUT THIS IN A CITY.

YOU HEAR ABOUT THIS IN A NATIONAL AND EVERYWHERE ELSE, TOO.

UM, AND THEN WE GOT PROVIDED SOME DATA.

I DID SOME RESEARCH TOO, BUT ALSO GOT TO PROVIDE SOME DATA IN AN EMAIL THAT WE GOT SENT FROM, UH, TAMMY OR WHATEVER, TOO.

SO, UM, IF IT'S SOMETHING THAT, BUT IF IT'S SOMETHING THAT WE THINK THAT, OR THE MAJORITY OF COUNCIL THINKS THERE'S AN ISSUE WITH, BECAUSE IT'S JUST TWO TERMS AND THAT'S ONLY SIX YEARS OR WHATEVER IT IS TO DO, WE LOOK AT THAT CHANGING FROM TWO TO THREE.

AND THEN WAS THAT DISCUSSED AT ALL? UM, AFTER SEEING THE DATA THAT, THAT, THAT WE HAVE WAS THAT DISCUSSED AT ALL, AS FAR AS, UM, WITHIN THE, UM, THE COMMITTEE OF WHETHER IT'D BE, UH, TWO TERMS WOULD BE A LIMIT, OR IF A POSSIBILITY OF THREE TERMS WOULD BE THE LIMIT AND MAYBE W WHAT WAS THAT FEEDBACK? JUST SO I CAN, OKAY.

THEY DIDN'T HAVE AN OPPORTUNITY TO, THEY, THEY CONCLUDED THEIR SERVICE IN DECEMBER.

AND THEN AFTER THE DISCUSSION FROM COUNCIL, IT DIDN'T GO BACK TO THE CHARTER COMMISSION TO BRING BACK OR ANOTHER RECOMMENDATION SO THAT THEY DIDN'T HAVE THAT.

THEY TALKED ABOUT THAT PRIOR TO EVEN OUR DISCUSSIONS HAD THEY TALKED ABOUT THREE VERSUS TWO, AND MAYBE I JUST, I WANT TO HEAR THE FEEDBACK THAT'S OKAY.

DO YOU, UM, I DON'T RECALL AS WELL, THAT DISCUSSION ABOUT TWO VERSUS THREE IN THE Y.

SO MY DESK, THE CHAIR, OKAY.

COMMISSIONED TO STEP UP.

THANK YOU.

THANK YOU.

WE DID DISCUSS, UM, THE LENGTH OF TERMS, HOW MANY OF THOSE TERMS, UM, THAT, THAT WE THOUGHT WOULD BE APPROPRIATE.

AND, UM, THE COMMISSION DECIDED THAT THREE, UM, THREE-YEAR TERMS. NO, IT, IT, IT SAYS TWO, BUT THAT DOING THREE, MAKING IT MORE, UM, WOULD, IT WOULDN'T BE APPROPRIATE AND IT WAS VOTED DOWN BY THE COMMISSION.

SO I HAD THE SAME QUESTION ON DOING A COMPROMISE OF THREE.

SINCE WE GOT THE FEEDBACK FROM THE OTHER CITIES THAT WAS, SEEMED TO BE A COMMON TERM LIMIT, WHERE THERE WERE, THEY WERE SET OR A COMBINATION OF, YOU KNOW, A TOTAL OF FIVE OR JUST, YOU KNOW, WE COULD CHANGE IT TO WHATEVER.

UM, BUT I KNOW THERE WAS SOME DISAGREEMENT ON TWO YEAR TERMS, OR I'M SORRY, THREE YEAR, TWO THREE-YEAR TERMS. AND THE COMPROMISE WOULD BE AS OPPOSED TO NOT PUTTING IT ON THE BALLOT WOULD, WOULD BE SETTING IT AT THREE.

I AGREE.

I WOULD AGREE WITH THAT.

CAUSE I KNOW I HAD SOME CONCERNS LAST TIME.

UM, BUT HAVING THIS DATA HELPS AND I AGREE WITH YOU THAT IT LOOKS LIKE IT'S CONSISTENT WITH THE OTHER CITIES.

SO I WOULD BE, AND I WILL ADD THAT, UM, MAYOR, YOU ASK ABOUT, UH, HAVING A LIST OF PEOPLE THAT WERE RUNNING PRIOR, WHICH THAT IS, OR HAD INTEREST IN RUNNING, WHICH YOU, YOU CAN'T HAVE THAT, THAT, THAT DATA DOESN'T EXIST.

BUT I DON'T REMEMBER ASKING ABOUT PEOPLE WHO HAD AN INTEREST.

OH, I THOUGHT YOU ASKED ABOUT WHO THIS WOULD HAVE AFFECTED THAT SAT ON COUNCIL WAS ALREADY ON COUNCIL.

RIGHT? SO I KNOW THAT THAT, UH, THE TERM LIMITS, UH, MAYBE SOMETIMES AFFECT A PERSON'S DESIRE TO RUN BECAUSE WHEN THEY KNOW SOMEONE IS THERE, THEIR TIME IS UP, WELL, THEN

[01:15:01]

YOU'RE GOING TO GET MORE, MORE PEOPLE INVOLVED.

SO THAT'S JUST ONE DISCUSSION BECAUSE I THOUGHT THAT WAS ONE OF THE QUESTIONS YOU WERE ASKING, BUT I WAS WRONG.

SO ONE OF THE THINGS THAT I NOTICE ON THIS CHART WE HAVE IS THAT ALL, BUT ONE OF THE CITIES THAT HAVE TERM LIMITS, UM, ALSO PAY THEIR COUNCILS.

SO MY GUESS IS THAT PROBABLY ALSO INFLUENCES PEOPLE TO RUN.

WE'RE TALKING ABOUT TERM LIMITING, UH, VERY FEW PEOPLE HISTORICALLY, UM, WHO ARE VOLUNTEERING THEIR TIME.

AND IT JUST SEEMS LIKE WE'RE ATTEMPTING TO SOLVE A PROBLEM THAT DOESN'T EXIST.

MY 2 CENTS COUNCILMAN SHOT.

THANKS.

WE DIDN'T NEED Y'ALL.

WE DIDN'T NEED CITIZENS TO COME OUT AND TELL US WHAT THE CITIZENS WANTED.

WE COULD HAVE DONE THIS BY OURSELVES.

I'M REALLY SORRY.

I REALLY AM.

I'M REALLY AM A CROSS-SECTION OF OUR CITIZENS SAID, THIS IS WHAT THE CHARTER SHOULD CHANGE.

AND WE'RE SAYING, WE'RE GOING TO SIT UP HERE, POLITICIANS, BY THE WAY, POLITICIANS SO THAT, YOU KNOW WHAT, THANK YOU.

I APPRECIATE YOU.

THAT'S THE WAY THE PROCESS IS.

IS THERE ANY FURTHER COMMENT FROM ANYBODY? WELL, IF NOT, I'LL MAKE A MOTION TO AMEND, TO REFLECT THREE YEARS AS, AS THE TERM LIMIT.

I'M SORRY.

THREE TO THREE THREE-YEAR TERMS. YES.

AS A COMPROMISE AND THEN TO PUT IT ON THE BALLOT.

I DON'T KNOW HOW I NEED TO WORD THAT.

IS THAT THREE TERMS, COUNCIL THREE TERMS, MAYOR, OR JUST AMENDING ONE OR THE, UH, I THINK KEEPING IT CONSISTENT THE WAY THEY HAD IT, BUT JUST CHANGING IT TWO TO THREE TERMS IS, AND WOULD THAT INCLUDE THE COMBO, THE COMBO OF THREE THREE-YEAR TERMS AND THREE, THREE THREE-YEAR TERMS ON COUNSEL AND THREE THREE-YEAR TERMS ON MERIT? I HAVE NO OPINION.

OKAY.

YEAH.

I I'M JUST TRYING TO FIND A SOMEWHERE IN BETWEEN, BUT I THINK THE VOTERS NEED TO DECIDE.

OKAY.

UM, THE SECOND THAT, WHAT ARE YOU WRITING DOWN PAGE? WHAT I'M WRITING DOWN IS THAT, UH, THERE, THE TERM LIMITS WOULD BE THREE THREE-YEAR TERMS FOR MAYER THREE THREE-YEAR TERMS FOR COUNCIL, OTHER THAN MAYOR.

AND THEN THE COMBINATION OF THREE THREE-YEAR TERMS FOR COUNCIL AND THREE THREE-YEAR TERMS FOR MAYOR.

YEAH.

EVERY TWO TO THREE.

OKAY.

AND THEN UNLESS THE PERSON'S OUT OF OFFICE FOR THE ONE FULL TERM.

OKAY.

THAT'S THE RESET.

OKAY.

MOTION AND A SECOND.

IS THERE ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR OPPOSED PASSES SIX TO ONE.

ALL RIGHT.

NEXT UP.

I BELIEVE AS THE RESIGNED TO RUN PROVISION, UH, THIS ITEM AND, UH, THANK YOU FOR REMINDING ME, WE HAD TWO MEMBERS ABSENT.

SO THAT MAKES IT IMPORTANT TO DISCUSS THIS AGAIN.

UM, UNDER YOUR CURRENT RESIGNED TO RUN PROVISION IN YOUR CITY CHARTER, WHENEVER ANYBODY ANNOUNCES FOR OFFICE, REGARDLESS OF HOW MUCH TIME THEY HAVE LEFT ON THEIR TERM, THAT CONSTITUTES AN AUTOMATIC RESIGNATION IN OFFICE THAT IS DIFFERENT FROM STATE LAW.

STATE LAW HAS A DEFAULT PROVISION THAT SAYS THAT ANY TIME THAT YOU ANNOUNCED FOR AN OFFICE, WHEN THERE'S AN UNEXPIRED TERM, UM, THAT EXCEEDS ONE YEAR IN 30 DAYS, THAT'S WHEN THERE'S A RESIGNATION.

IF THE PERSON HAS LESS THAN THAT PERIOD OF TIME LEFT ON THEIR TERMIN, ANNOUNCES FOR ANOTHER OFFICE, THEN THEY CONTINUE TO SERVE DISCUSSION COUNCIL.

NOPE.

OKAY.

I'LL MAKE A MOTION TO APPROVE SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

ALL RIGHT, NEXT STEP.

WE HAVE THE PLACEHOLDER FOR COMPENSATION.

WHAT WE DID ON THIS ONE WAS, UH, THERE'S A, THERE'S A VARIETY OF WAYS IN WHICH THE COUNCIL CAN ADDRESS COMPENSATION.

AND SO THIS IS A PLACE HOLDER.

IT DOES NOT HAVE A SUGGESTED LANGUAGE FOR YOU.

WHAT I HAVE PUT HERE IS THIS, THE EXISTING PROVISION, THE EXISTING PROVISION STATES THAT COUNCIL SHALL SERVE WITHOUT FINANCIAL COMPENSATION.

IT DOES NOTE THAT YOU GET REIMBURSEMENT FOR NECESSARY EXPENSES INCURRED IN THE COURSE AND SCOPE OF YOUR DUTIES.

WHAT WE ADDED TO THE END

[01:20:01]

OF THIS DOCUMENT FOR YOU ARE A LIST OF THE SAMPLE COUNCIL COMPENSATION FROM THE HOME RULE, CHARTERS THAT ARE ON YOUR, YOUR, UH, COMPARISON LIST.

I DID NOT INCLUDE LIBERTY HILL CAUSE THEY DON'T HAVE A HOME RULE CHARTER.

THEY DID IT BY ORDINANCE.

SO I JUST INCLUDED THE CHARTER PROVISIONS.

YOU WILL SEE THAT THERE IS, UM, KIND OF JUST A GYM.

THERE'S PROBABLY TWO MAIN WAYS IN WHICH THIS GETS ADDRESSED.

AND ONE IS THE CHARTER SPECIFICALLY SETS THE SALARY AND, OR THE CHARTER AUTHORIZES THE COUNCIL TO FIX THE COMPENSATION.

SO THOSE ARE THE TWO MODELS.

IF THE CHARTER SETS THE COMPENSATION, THEN YOU CANNOT CHANGE THAT COMPENSATION WITHOUT A VOTE OF THE PEOPLE AT AN ELECTION, IF YOU HAVE COMPENSATION.

SO BY THE COUNCIL BY ORDINANCE, THEN COUNCIL MAKES THAT DECISION AND THE VOTERS WILL ADDRESS YOU AS THEY SEE FIT IN, IN THAT CIRCUMSTANCE.

SO THOSE ARE THE TWO MODELS DISCUSSION.

I'M NOT GOING TO HAVE MUCH TO SAY I SIGNED UP TO SERVE, UH, KNOWING THAT WE WOULDN'T GET COMPENSATED.

SO, UM, I'M GOING TO STAY THERE.

I CAN CERTAINLY UNDERSTAND WITH THE AMOUNT OF TIME WE PUT IN THAT THERE WOULD BE, UM, DISCUSSION ABOUT DOING THOSE THINGS.

UM, MY VOTE WILL PROBABLY GO ONE WAY ANYWAYS, BECAUSE I DON'T WANT TO VOTE ON SOMETHING WHILE I'M ON COUNCIL THAT AT ANOTHER, THERE'S JUST SOMETHING THERE'S JUST SOMETHING WITH THAT.

UM, BUT THERE'S PROBABLY A WAY TO WORK SOMETHING OUT IF YOU, IF YOU GUYS ARE TRYING TO, UM, I'M GOING TO VOTE AGAINST IT NO MATTER WHAT, BUT, UM, THERE PROBABLY IS A WAY TO, TO LOOK AT SOME OF THAT DATA.

IF MAJORITY OF COUNCIL IS DECIDING TO MOVE FORWARD.

SO LOOKING AT WHAT WE HAVE IN FRONT OF US AND, UM, THROUGH CONVERSATIONS WITH, WITH OTHERS, I DON'T THINK WE'RE IN A SITUATION RIGHT NOW TO PAY COUNCIL OR MAYOR.

WE'RE TALKING ABOUT NEEDING MONEY FOR, FOR STAFF.

AND YES, WE, WE KNEW WHAT WE WERE GETTING INTO WHEN WE RAN THE FIRST TIME AND A FUTURE AND HAVE NOT HAD ANY PROBLEM WITH PEOPLE SERVING 15 YEARS WITHOUT BEING PAID AND SERVING WELL.

SO I SEE NO REASON FOR US TO ADD THIS.

WHEN WE APPOINTED A CHARTER REVIEW COMMISSION TO REVIEW THE ENTIRE CHARTER, THEY HAD THE OPPORTUNITY TO PRESENT THAT TO US.

THEY CHOSE NOT TO.

AND I THINK THAT NEEDS TO BE HONORED.

I WILL SAY FOR, UM, THE COMPENSATION PART.

THEY, THAT THAT WAS ALL BROUGHT UP BECAUSE WE WERE TALKING ABOUT TERM LIMITS AND THE CHARTER COMMISSION MADE THE COMMENT THAT TO HAVE MORE, UH, PEOPLE AVAILABLE WHO WOULD WANT TO RUN, WE NEEDED TO HAVE TERM LIMITS.

AND SO THE COMPENSATION PART OF IT WAS BROUGHT UP BECAUSE WE HAVE PLENTY OF DIVERSE CANDIDATES THAT WOULD SERVE AND SERVE WELL, IF THEY HAD AN OPPORTUNITY TO BE COMPENSATED IN SOME KINDS OF WAY.

SO IT'S NOT ABOUT ME SITTING HERE, IT'S NOT ABOUT OUR COUNCIL SITTING YEAR.

IT'S ABOUT SETTING THE WHAT'S GOING TO HAPPEN IN THE FUTURE FOR FUTURE COUNCILS.

SO THERE ARE PEOPLE THAT WOULD BE INTERESTED IN AND LOVE TO SERVE, BUT THEY CAN'T DEDICATE 40 HOURS A WEEK FOR, FOR CAN'T AFFORD IT.

THEY CAN'T AFFORD TO DO IT.

SO IT DOES LIMIT WHO IS ABLE TO SIT UP HERE.

AND I THINK IT'S DISINGENUOUS TO ACT LIKE IT DOESN'T BECAUSE IT DOES, YOU HAVE TO BE FINANCIALLY ABLE TO DEDICATE TO VOLUNTEER YOUR TIME.

I KNOW WHAT I SIGNED UP FOR TOO.

FOR ME, IT'S NOT A PROBLEM, BUT FOR THEIR OTHER PEOPLE, THAT IT IS.

AND SO WE LIMIT THAT SCOPE OF PEOPLE THAT WE'RE ABLE TO ATTRACT TO COME TO OUR CITY THAT HAVE, UM, TO COME WORK FOR COUNCIL FOR FREE.

THEY'RE DOING IT FOR FREE NOW, BUT WE LIMIT THOSE PEOPLE.

AND BY SAYING, YOU KNOW, WE'RE NOT GOING TO COMPENSATE YOU ANYTHING AND COMPENSATION DOESN'T BREAK DOWN TO WHAT PEOPLE ARE GETTING PAID IN CORPORATE AMERICA.

IT COULD BE WHATEVER THE COUNCIL DECIDES OR WHATEVER THE PEOPLE DECIDE IF THEY WANT, IF THEY CHOOSE TO DO THAT.

SO IT REALLY ISN'T ABOUT DETERMINING, I KNOW WHAT I SIGNED UP FOR.

OF COURSE WE KNOW WHAT WE SIGNED UP FOR.

AND WE KNOW THAT IT WAS AN UNPAID POSITION.

THAT WASN'T THE POINT IN BRINGING IT UP.

THE POINT OF BRINGING IT UP WAS THAT THERE'S A DIVERSE GROUP OF PEOPLE THAT WOULD LOVE THE OPPORTUNITY TO SERVE AND JUST DON'T HAVE THE OPPORTUNITY TO DO IT, HAD NO COMPENSATION.

SO REALLY THAT'S WHAT IT WAS ABOUT.

AND WE DO SPEND QUITE A BIT OF TIME.

UM, MAY I WON'T SAY EVERYBODY DOES.

I DON'T KNOW WHAT OTHER

[01:25:01]

PEOPLE DO.

I KNOW I SPENT QUITE A BIT OF TIME MEETING WITH PEOPLE IN THE COMMUNITY AND SETTING THINGS UP AND PLANNING THINGS, EXCUSE ME.

SO THAT'S REALLY WHAT IT'S ABOUT.

IT'S NOT ABOUT BEING, UM, UPSET OR CONFUSED OF WHY YOU SIGNED UP TO SERVE AND YOU KNOW, IT WAS A VOLUNTEER POSITION.

SO I WANT THAT TO BE CLEAR AND I DON'T WANT THAT TO BE LEFT OUT THERE THAT THAT'S WHY IT WAS BROUGHT UP.

AND IT WASN'T BROUGHT UP TO, UM, DISRESPECT WHAT THE CHARTER COMMISSION DID OR DID NOT DO.

IT WAS BROUGHT UP BECAUSE IT WAS SOMETHING MENTIONED TO THE CHARTER REVIEW.

THEY CHOSE FOR WHATEVER REASON, NOT TO BRING IT FORWARD.

AND IT IS SOMETHING IMPORTANT THAT I FEEL WE SHOULD TALK ABOUT AND EVERYBODY SHOULD BE ON RECORD DESCRIBING WHY YOU DON'T FEEL AS NECESSARY, SO, OR WHY YOU DO FEEL IT'S NECESSARY.

SO I APPRECIATE YOUR VIEWPOINT ON THAT AND THANK YOU FOR BRINGING IT UP, BUT I JUST WANT IT TO BE SAID, IT REALLY IS ABOUT ATTRACTING MORE PEOPLE TO BE ABLE TO COME AND SERVE.

THEY BRING A DIFFERENT SKILLSET THAN WHAT WE ALL, UM, MAYBE BRING TO THE TABLE.

SO THAT'S THE POINT OF IT FOR ME.

SO I KNOW THAT PEOPLE HAD, DID BRING IT UP AND HAVE BROUGHT IT UP TO ME IN THE PAST.

SO IT'S, IT'S DEFINITELY A DISCUSSION.

UM, I HAVE A LIST OF 10 PEOPLE THAT WERE READY TO RUN FOR COUNCIL.

UM, SO I, I MEAN, WE DON'T HAVE A SHORTAGE OF PEOPLE THAT WANT TO RUN OR THAT ARE, HAVE INTEREST IN SERVING, UH, AT, AT COMPENSATION OR NO COMPENSATION.

UH, SO, BUT I, I KNOW THIS IS WHY I SAY I RESPECT THEIR DECISIONS BECAUSE IT WAS BROUGHT UP, IT WAS DISCUSSED.

BUDGETS WERE LOOKED AT, AND AT THIS TIME THE BUDGET DOES NOT ALLOW FOR THAT.

THAT DOESN'T MEAN IT, IT WOULD NOT CHANGE IN THE FUTURE, BUT I THINK IT'S A BUDGET ISSUE RIGHT NOW.

I MEAN, WOULD I LIKE $500 A MONTH TO DO THIS? SURE.

I WOULDN'T TURN THAT DOWN, BUT I, I CAN'T, I CAN'T VOTE ON IT RIGHT NOW.

I CAN'T LOOK AT OUR BUDGET AND VOTE FOR THAT.

SO THAT'S, SO I JUST LIKE TO SAY THAT I COULD GO EITHER WAY ON THIS, BUT I DO AGREE WITH COUNCIL MEMBER THOMPSON HERE AND THAT BY NOT PAYING YOU ARE LIMITING PEOPLE WHO ARE ABLE TO DO THIS POSITION AND IT DOESN'T AFFECT ME.

SO I'M SPEAKING FOR OTHER PEOPLE, BUT I WILL SAY THAT THE MAYOR OF CEDAR PARK JUST RESIGNED AND HE ACTUALLY SAID ON HIS RECOMMENDATION, HE'S LEAVING BECAUSE HE'S NOT PAID.

SO IT WAS PART OF WHAT HE SAID WHEN HE WAS LEAVING.

SO I'M JUST SAYING IT DOES LIMIT PEOPLE.

OKAY.

I THINK HE'S NOT RUNNING FOR REELECTION.

HE DIDN'T RESIGN, RIGHT? YES.

HE'S JUST NOT RUNNING FOR REELECTION.

WELL, I THINK, UM, I'M SORRY, ARE YOU OKAY? UM, I THINK COMPENSATION IS GOING TO BE SOMETHING FOR THE FUTURE.

I DON'T THINK WE'RE IN A BUDGET PLACE TO BE ABLE TO DO IT RIGHT NOW, BUT AS THE CITY GROWS, THERE IS GOING TO BE A NEED TO HAVE MORE FULL-TIME POSITIONS.

SO IT'S DEFINITELY, FOR ME, IT'S A CONVERSATION FOR THE FUTURE.

JUST NOT STOP.

I THINK THAT IT IS A CONVERSATION THAT NEEDS TO BE HAD, UM, BECAUSE IF YOU LOOK AT, UM, WHO SETS UP HERE AND WHO RUNS THERE ARE SOCIOECONOMIC, UM, DIFFERENCES THAT ARE NOT, UM, NOT BEING REPRESENTED UP HERE.

AND IT'S THE SAME THING THAT YOU SEE IN SCHOOLS WHEN YOU SEE SCHOOLS IN NEIGHBORHOODS THAT ARE, UM, FINANCIALLY VERY SECURE, THOSE SCHOOLS HAVE A TON OF VOLUNTEERS THAT ARE INVOLVED.

AND WHEN YOU GO TO, UM, YOU KNOW, NEIGHBORHOODS THAT ARE NOT AS FINANCIALLY SECURE, THERE'S NOT A LOT OF VOLUNTEERS THERE, UM, BECAUSE PEOPLE CAN'T AFFORD TO GIVE THE TIME.

SO I THINK THAT WE WOULD ATTRACT MORE CANDIDATES.

I THINK WE WOULD ATTRACT SOME VOICES THAT NEED TO BE HEARD UP HERE.

UM, BUT YEAH, I THINK WE PROBABLY DON'T HAVE THE MONEY TO DO THIS RIGHT NOW.

I THINK IT'S ALSO IMPORTANT FOR THE, UM, TO NOTE THAT I DON'T THINK THIS WOULD AFFECT ANY OF US THAT ARE UP HERE RIGHT NOW, BECAUSE THAT'S NOT WHAT THE CHARTER SAID WHEN WE WERE ELECTED.

IS THAT CORRECT? I DON'T BELIEVE IF YOU GET ENACTED IT, IF IT WAS ON THE BALLOT AND IT WAS APPROVED, IT WOULD GO INTO EFFECT AFTER THE ELECTION AND AFFECT THE CURRENT COUNCIL, UNLESS YOU, UNLESS YOU STATED OTHERWISE IN THE BALLOT LANGUAGE, I DON'T.

AND I WOULD WANT TO, I NEED TO DOUBLE CHECK THAT.

OKAY.

I THINK WHEN YOU THERE'S, THERE'S SOMETHING IN THE STATE LAW THAT ADDRESSES THE TIMING OF THAT.

I THINK IT HAS TO DO WITH WHEN A GENERAL ALL CITY AN ACCIDENT.

SO I NEED TO DOUBLE CHECK THAT CAUSE THERE'S, THERE IS SOMETHING OUT THERE.

OKAY.

UM, WELL IT SOUNDS LIKE IT'S A MOOT POINT ANYWAY, BUT, UM, DID WE WANT TO DO A VOTE WITH THIS OR JUST MOVE ON? IT'S UP TO YOU.

[01:30:01]

IT'S UP TO YOU.

YOU WANT TO MOVE ON? OKAY.

WE'RE GONNA MOVE ON TO THE NEXT ONE.

OKAY.

OKAY.

THIS IS A NEW PROPOSED PROPOSITION.

THIS WAS THE CLEANUP ON THE TERM OF OFFICE.

AND WHEN THAT BEGINS, THE, UH, CURRENT CHARTER PROVIDES THAT THE, THE COUNCIL, THE ELECTED COUNCIL DOESN'T TAKE OFFICE UNTIL THE RUNOFF ELECTION HAS CONCLUDED.

THE PROPOSED LANGUAGE PROVIDES THAT.

UM, YOU, ONCE YOU TAKE OFFICE, ONCE YOU ARE ELECTED, YOU TAKE OFFICE ON THE FIRST TUESDAY, FOLLOWING THE, UM, CANVASS OF THE ELECTION, REGARDLESS OF WHETHER ANY OF THE OTHER SEATS IN YOUR SAME ELECTION CYCLE ARE UP FOR ELECTION.

AND THEN PEOPLE ELECTED AND RUN OFF ELECTION, TAKE THEIR SEAT.

UM, THE FIRST TUESDAY FOLLOWING THE CANVAS OF THAT RUNOFF ELECTION, ALL RIGHT, COUNSEL, ANY DISCUSSION MOTION TO APPROVE.

I'LL SECOND.

ALL THOSE IN FAVOR PASSES UNANIMOUSLY, THANK YOU, CITY MANAGER.

AND THIS AGENDA, THIS PROPOSITION HAS SOME LANGUAGE, UH, TO ADDRESS THE CITY MANAGER POSITION AND PROVIDES THAT, UH, IN THE EVENT THAT COUNCIL REQUESTS, THE CITY MANAGER RESIGN AND THE CITY MANAGER DECLINES TO RESIGN.

THERE'S A PROCESS THAT IS GONE THROUGH TO SEPARATE THE MANAGER FROM THE, FROM EMPLOYMENT WITH THE CITY, THE COUNCIL.

AT THAT POINT, IF THEY REQUEST A RESIGNATION, CAN MAY SUSPEND THE CITY MANAGER.

IT'S NOT A REQUIREMENT.

IT'S A MAY MY RESOLUTION.

THEN THAT RESOLUTION SETS FORTH.

THE REASONS FOR SUSPENSION AND PROPOSED REMOVAL AND A COPY OF THE RESOLUTION IS GIVEN TO THE MANAGER.

THE MANAGER THEN HAS 15 DAYS TO REPLY AND UPON REQUEST CAN BE, HAVE A HEARING.

AND THERE'S A FOR DOING THAT AFTER THE HEARING, IF ONE IS REQUESTED AND FULL CONSIDERATION, THE COUNCIL BY FROM A VOTE OF THE FOUR MEMBERS CAN ADOPT A FINAL RESOLUTION OF REMOVAL AND THE THOUGHT PROCESS BEHIND THIS FOR THE COMMISSION, UH, WAS THAT THERE THERE'D BE KIND OF A, A PROCESS, A PROCEDURE, UM, FOR A DUE PROCESS, UH, IN PLACE FOR REMOVAL OF THE MANAGER IN CERTAIN CIRCUMSTANCES.

AND THAT THIS IS DESCRIBED HERE.

DID I GET THAT RIGHT? IT'S A DUE PROCESS ISSUE FOR YOU.

UH, JUST THAT FROM THE COMMISSION STANDPOINT, THIS WAS A DUE PROCESS.

YEAH, IT WAS TO GIVE SOME TIME FOR CONSIDERATION OF DO WE, IF THE COUNCIL IS IN A POSITION OF WANTING TO ASK THE MANAGER TO RESIGN, IT HAS, IT HAD BUILDS IN KIND OF A COOLING OFF PERIOD IN A CONSIDERATION PERIOD FOR THERE TO BE A DELIBERATE METHOD OF GOING THROUGH THAT.

AND IT SETS OUT THE SPECIFIC REASONS AND RE AND HAS A HEARING PROCESS INVOLVED.

UM, ONE COMMENT THAT CAME UP AT THE LAST MEETING THAT I DON'T THINK WE HAD A CHANCE TO ADDRESS WAS THAT THIS FORCES THAT HEARING HOPE OPEN AND HAVE HAPPENED IN PUBLIC SESSION, UM, THAT IS NOT NECESSARILY THE CASE PERSONNEL MATTERS.

THE CITY MANAGER IS A PERSONNEL MATTER, IS ELIGIBLE FOR AN EXECUTIVE SESSION DISCUSSION, WHICH Y'ALL ARE FAMILIAR WITH.

AND THE CITY MANAGER CAN CHOOSE TO HAVE THAT IN PUBLIC IF HE WANTS TO.

SO THIS STILL ALLOWS THIS TO BE DONE IN AN EXECUTIVE SESSION IF THE MANAGER PREFERS THAT IT'S, BUT IT'S THE MANAGER'S CHOICE COUNSEL DISCUSSION.

AND FOR ME, WHAT IT'S ALREADY IN THE CHARTER, THIS IS JUST, THIS IS JUST ADDING, WE'RE GOING TO ASK YOU TO, IF WE ASK THE CITY MANAGER RESIGNED AND HE SAYS, NO, THAT'S ALL, THIS IS BOARD RESIGN.

YOU CAN HAVE ALL MY COMPENSATION.

I DON'T, I'M ASKING.

YEAH.

IT'S WELL, IF YOU REQUEST A RESIGNATION AND THEY DECLINED AND THERE'S A PROCESS.

SO IF THAT, IF THOSE TWO THINGS HAPPEN, THEN THERE'S A PROCESS.

OKAY.

BUT I DON'T, I DON'T READ THIS AS THERE.

THERE'S STILL THE ABILITY TO TERMINATE WITH FOUR VOTES.

AND SO IT ISN'T, THIS, THIS IS A PROCESS, IT'S IT, THERE'S DIFFERENT WAYS THAT CITY COUNCILS AND MANAGERS SEPARATE FROM EACH OTHER.

AND, UH, THIS ENCOMPASSES ONE OF THEM.

IF THERE'S A RE JUST KIND OF ONE AT A TIME GOING IN THE CITY MANAGER'S OFFICE AND SAY, WILL YOU RESIGN? OR DO WE GET INTO A GROUP? AND HEY, WILL YOU RESIGN? I MEAN, HOW DOES THAT WORK?

[01:35:01]

IT'S THE COUNCIL LOOK, ALL THE GALS WERE JUST ONE MEMBER OF GALLONS.

THIS PROVIDES FOR THE IT'S THE COUNCIL.

SO YOU'RE SAYING AFTER A VOTE OF COUNCIL, SO WERE YOU TO ASK FOR THE RESIGNATION, SO FOUR HANDS GO UP? IS THAT NOT THE SAME NEW, THE ORANGE VOTED TO TERMINATE THE CITY MANAGER? I'M JUST, I'M JUST WHATEVER.

GO AHEAD.

IT'S CONFUSING.

I THINK IT'S CONFUSING.

MUDDIES THE WATERS.

CAN WE ASK ABOUT THE, THE INTENT, REMIND US, WE PROBABLY TALKED ABOUT IT LAST TIME, BUT IT WAS ALSO TAKEN FROM A MODEL CHARTER.

SO IT'S, IT'S NOT, IT WASN'T A CREATED IT.

WASN'T CREATED AT THE COMMITTEE.

IT'S A, IT'S SOMETHING THAT'S OUT THERE THAT IS OFFERED AS A MODEL, RIGHT? IF THAT IT HELPS.

SO THIS IS ADDING TO THE CHARTER.

YES.

HI, I, SO, UM, IT WAS FROM THE MODEL CHARTER THAT THE MAYOR PROVIDED ALL THE COMMISSIONERS AS PART OF OUR PACKET WHEN WE FIRST STARTED, UM, AND, UM, READING THROUGH IT, IT WAS BROUGHT UP AT THE COMMISSION AND EVERYONE VOTED TO HAVE IT ADDED.

I MEAN, WE DID DISCUSS IT.

UM, BUT THERE HAVE BEEN, UM, ISSUES WITH THE CITY MANAGERS OVER OUR HISTORY HERE IN LEANDER.

AND WE THOUGHT THAT THIS WAS A WAY TO FORMALIZE THE PROCESS, UM, AS WELL AS GIVE THAT CITY MANAGER, UM, A, A TIME TO HEAR THE GRIEVANCES AGAINST THEM.

AND ALSO, UM, WE DISCUSSED A LOT ABOUT, UM, HOW THIS WOULD AFFECT FUTURE, UM, CITY MANAGERS WHEN, YOU KNOW, GOD FORBID RICK EVER LEAVES.

BUT, UH, IF, IF RICK LEFT AND WE WERE FINDING ANOTHER CITY MANAGER, UM, THIS WOULD LOOK REALLY APPEALING TO THEM AS, AS THEY WOULD FEEL PROTECTED, OBVIOUSLY AFTER EVERY ELECTION, EVERY CITY MANAGER, UM, IS KIND OF WORRIED ABOUT THEIR JOB.

UM, THIS PROCESS JUST PROTECTS THAT.

SO THE MODEL CHARTER THAT YOU WERE PROVIDED, THAT WAS JUST, THAT WAS NOT FROM A PARTICULAR CITY.

IT WAS JUST A GENERIC FROM THE CREATOR NATIONAL, UM, CIVICALLY.

YEAH.

SO IT'S A GENERIC, THEY TAKE TRENDS THAT ARE HAPPENING AROUND THE COUNTRY AND THEY JUST PUT THAT ON.

I HAVE A LOT OF BACKGROUND INFORMATION AS WELL.

LIKE THIS IS A, THIS IS A SECTION ABOUT THIS, AND THIS IS WHY IT'S LIKE THAT, YOU KNOW? SO IT JUST SOUNDS LIKE, AND I'M NOT SAYING THIS AS A BAD THING.

IT JUST SOUNDS LIKE MUCH OF THIS WOULD, WOULD ALL BE HASHED OUT IN A REVIEW ANYWAY.

SO I'M NOT SURE IF WE'RE TRYING TO CURTAIL ANY LAWSUITS FROM ANY CITY MANAGER.

SO THERE WAS INTENTION.

SEE, THAT WAS, I MEAN, I SAID DUE PROCESS, TRYING TO BE VERY US, THERE WAS SUBTLE.

THAT WAS SUBTLE.

SO THAT WAS GOOD.

MAYBE ELSE YOU JUST GOT TO PUT IT OUT THERE, SAY WHAT, SAY WHAT YOU MEAN.

SO THAT'S GOOD.

THANK YOU.

IS THERE EMOTION ONE WAY OR THE OTHER MOTION TO APPROVE SECOND? ALL RIGHT.

ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR OF APPROVAL, OPPOSED PASSES FIVE TO TWO.

ALL RIGHT.

DEPARTMENT DIRECTOR APPOINTMENTS.

OKAY.

THIS IS, THIS IS A INFORMATIONAL ITEM FOR COUNCIL.

THE COMMISSION PROPOSED THAT THE FOR APPOINTMENT OF DEPARTMENT DIRECTORS, CURRENTLY THE COUNCIL APPROVES THE CITY MANAGER'S APPOINTMENT, AND THE COMMISSION RECOMMENDED REMOVAL OF THE COUNCIL MEMBER APPROVAL JUST TO MAKE IT APPEAR.

UM, THE CITY MANAGER FORM OF GOVERNMENT, THAT CHAIN OF COMMAND, UH, THE COUNTY PUTTING THIS, THE MANAGER COMPLETELY IN CHARGE OF THE HIRING AND FIRING AND TAKING OUT THE COUNCIL OUT OF THAT APPROVAL PROCESS.

YOU HAVE AN EXAMPLE OF CHARTER PROVISIONS FROM OTHER HOME RULE CITIES, AND YOU CAN SEE THAT, UH, IN THE LIST PROVIDED TO YOU THAT LEANDRA IS ONLY ONE IN THE LIST PROVIDED THAT HAS A COUNCIL APPROVAL OF DIRECTOR APPOINTMENTS.

THANK YOU FOR THIS BETA, A MOTION TO APPROVE THIS ONE, THE SECOND, ANY FURTHER DISCUSSION.

I'M JUST GOING TO RENEW WHAT I SAID LAST TIME.

I DON'T SEE WHAT PROBLEM WE'RE ATTEMPTING TO SOLVE WITH THIS.

ALL THOSE IN FAVOR OPPOSED PASSES FIVE TO TWO.

OKAY.

UM, THE POLICE DEPARTMENT EVALUATIONS, UH, THE, THE ORIGINAL PURPOSE OF THIS PROPOSITION

[01:40:01]

WAS TO MODEL THE POLICE DEPARTMENT LANGUAGE, ADDRESSING EVALUATIONS OF PERSONNEL TO MAKE THAT THE SAME AS THE FIRE DEPARTMENT, THE FIRE DEPARTMENT, AND THE POLICE DEPARTMENT HAD THIS LANGUAGE THAT'S IN FRONT OF YOU, UM, IN FRONT OF THE VOTERS, UH, SEVERAL YEARS AGO AND ONLY THE FIRE DEPARTMENTS PASSED.

AND SO THE COMMISSION THOUGHT IT APPROPRIATE TO HAVE THE POLICE DEPARTMENT AND THE FIRE DEPARTMENT THE SAME.

SO THAT LANGUAGE IS BEFORE YOU WITH THE ADDITIONAL CHANGE OF TAKING OUT THIS TERM MODIFICATION, BECAUSE OF CONCERN ABOUT WHAT, WHERE THAT COULD GO.

UM, SO THAT IS THE CHANGE THAT'S IN FRONT OF YOU FOR THIS ITEM, MOTION TO APPROVE SECOND MOTION AND A SECOND, ANY DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY, AND THEN COUNCIL REQUESTED THAT THAT SAME CHANGE BE MADE TO THE POLICE, TO THE FIRE DEPARTMENT, EMPLOYEE EVALUATIONS.

SO THAT IS NEW LANGUAGE IN FRONT OF YOU TO ACCOMPLISH THAT GOAL MOTION, TO APPROVE SECOND MOTION AND A SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THE NEXT ITEM, UH, CLARIFIES THAT THE MAYOR PRO TEM APPOINTMENT OCCURS, UH, EVEN, EVEN IF THE VOTERS APPROVE THAT OR THEIR PROPOSITION ABOUT THE TIMING OF THE, WHEN THE COUNCIL TAKES OFFICE IN CONNECTION, WHEN THERE'S A RUNOFF ELECTION, THIS WOULD ALSO STATE THAT THAT MAYOR PRO TEM APPOINTMENT DOES NOT HAPPEN UNTIL THE CANVAS OF THE GENERAL ELECTION AND THE RUNOFF ELECTION.

SO YOU GET THE FULL COUNCIL SEATED BEFORE MIRROR PRETEND WAS APPOINTED, AND THAT IS A COMMISSION RECOMMENDATION TO COUNCIL MOTION TO APPROVE SECOND MOTION, A SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

OKAY.

PLANNING, COMMISSION APPOINTMENTS.

UM, OKAY.

SO THIS, THIS, UH, HAD SOME CHANGES TO IT.

FIRST OF ALL, THE CHANGE THAT IS IN FRONT OF YOU IS FOR THE PURPOSE OF, UH, BRINGING BACK A PROVISION THAT WAS IN THE CHARTER IN THE PAST, WHICH WAS THAT EACH INDIVIDUAL MEMBER OF COUNCIL, UM, UH, POINTS THEIR A P AND Z MEMBER, UM, AFTER OR AFTER THE COUNCIL MEMBERS ELECTED TO OFFICE, THE CURRENT PROVISION SAYS THAT COUNCIL NOMINATES THAT COUNCIL APPOINTS BY MAJORITY VOTE.

AND SO, UH, WE'RE BRINGING THAT PROVISION.

COMMISSION'S BRINGING BACK THIS PROVISION TO THE COUNCIL.

THE CHANGE FROM THE PRIOR SECTION THAT WAS BEFORE THE CURRENT PROVISION IS THAT THE, THE COMMISSION IS RECOMMENDING THAT EACH MEMBER OF COUNCIL APPOINT, APPOINT THEIR COMMISSIONER AND THEY DON'T HAVE TO, UH, NOMINATE AND GET A MAJORITY VOTE OF COUNCIL THAT THEY APPOINT.

THEN WE HAD TO THE ISSUE OF, OKAY, WELL, WHAT IF BOTH THE COUNCIL POSITION AND THE COMMISSION POSITION ARE VACANT AT THE SAME TIME WHEN WE NEED AN APPOINTMENT? AND SO THE COUNCIL SUGGESTED HAVING THAT COMMISSION PLACE FILLED BY MAJORITY VOTE OF THE COUNCIL MOTION TO APPROVE.

OKAY.

SO SECOND, OKAY.

MOTION A SECOND.

ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES UNANIMOUSLY.

THE NEXT ITEM, UH, PROPOSES TO CHANGE THE SELECTION OF THE AUDITOR TO, FROM EVERY THREE YEARS TO EVERY FIVE YEARS, RIGHT? IT'S A CARRY OVER.

IT WAS, IT WAS IN A PRIOR ELECTION AND IT DID NOT PASS.

I HEARD A MOTION AND A SECOND MOTION, ANY FURTHER DISCUSSION, ALL RIGHT, ALL THOSE IN FAVOR PASSES, UNANIMOUSLY MAYORAL DUTIES.

THIS ONE HAS, UH, SOME INFORMATION FOR YOU TO CONSIDER A CERTAIN PROVISIONS IN HERE WERE REMOVED BECAUSE THE MAYOR JUST DOES NOT DO THESE THINGS REALLY.

AND WE NEED TO, UH, MAKE THE APPOINTMENTS TO BOARDS AND COMMISSIONS CONSISTENT WITH OTHER PROVISIONS OF THE CHARTER.

THE ISSUE ABOUT TAKE COMMAND OF THE POLICE DURING TIME OF DECLARED EMERGENCY.

THE QUESTION WAS ASKED, WHAT ARE THE, WHAT ARE THE MAYOR'S POWERS UNDER STATE LAW? UM, THE, THE ANSWER IS THAT IF, WHEN THE MIRROR DECLARES AN EMERGENCY IN THE CITY, THE MAYOR HAS THE SAME POWERS AND AUTHORITIES AS, AS THE GOVERNOR DOES, WHEN THE GOVERNOR DECLARES A, AN EMERGENCY JUST AT THE LOCAL LEVEL, THE GOVERNOR, UH, HAS AUTHORITY UNDER THE EMERGENCY MANAGEMENT CODE TO DIRECT THE AGENCIES OF THE CITY.

AND THAT INCLUDES THE DPS.

SO THE, THE GOVERNOR DOES HAVE THE ABILITY TO DIRECT AND COMMAND THOSE, THOSE, AND HE'S THE CHIEF, HE'S THE, UH, WHAT THE COMMANDER IN CHIEF, BASICALLY HE'S IN A COMMANDER IN CHIEF POSITION, MUCH LIKE THE PRESIDENT IS OVER THE MILITARY.

SO

[01:45:01]

DURING A TIME OF DECLARED EMERGENCY, THE GOVERNOR IS A COMMANDER AND IN A COMMANDER IN CHIEF POSITION, UH, OVER STATE LAW ENFORCEMENT AND IN THAT CASE.

SO, UH, THAT, THAT WITH THAT TAKEN OUT, YOU WOULD DEFAULT TO STATE LAW.

CURRENT STATE LAW PROVIDES THAT, UM, YOU'D STILL HAVE, AS A PRACTICAL MATTER, YOU HAVE AN EMERGENCY MANAGEMENT PLAN THAT HAS A CHAIN OF COMMAND AND ADDRESSES HOW, UM, EMERGENCIES ARE HANDLED.

AND SO, YOU KNOW, THE, HOW THE MAYOR EXERCISES AUTHORITY WOULD BE IN THE CONTEXT OF THAT EMERGENCY MANAGEMENT PLAN.

AND I, I THINK IF OUR FIRE CHIEF IS HERE, YEAH, HE MAY BE ABLE TO ADD SOME CONTEXT TO HOW THIS WOULD ACTUALLY PRACTICALLY PLAY OUT GOOD EVENING, MAYOR AND COUNCIL.

THE, UH, SO AS YOU'RE AWARE, IF A DISASTER WERE OCCUR AND WE DECLARED A STATE OF DISASTER THAT DECLARATION, UH, AND ANY EXECUTIVE ORDERS DURING THE TIME ARE EFFECTIVE FOR SEVEN DAYS, AND THEN COUNCIL HAS TO AFFIRM THE EXTENSION OF THAT DECLARATION.

SO, UM, SO IF THERE WAS, UH, AND THEN ALSO DEPENDING ON THE AGENCY OR THE CITY, THE MUNICIPALITY, UH, EMERGENCY MANAGEMENT SOMETIMES FALLS UNDER THE POLICE DEPARTMENT AND SOME OF THOSE CITIES.

SO THAT MAY BE ANOTHER REASON WHY SOME CITIES HAVE THAT LANGUAGE IN THERE BECAUSE YOU ARE, UH, THE MAYOR IS THE EMERGENCY MANAGEMENT DIRECTOR AND THEY APPOINT AN EMERGENCY MANAGEMENT COORDINATOR.

SO, SO I THINK WHAT WE'RE HEARING IS WE CAN GO WITH THE RECOMMENDATION TO TAKE COMMAND OF THE POLICE, YOU KNOW, REMOVE THAT PART, BUT IT DOESN'T CHANGE THE, THE DUTIES THAT THE MAYOR HAS IN AN EMERGENCY.

SO I THINK THE OPTION FOR US ON THE TABLE IS DO WE WANT TO REMOVE THAT PART OF THE RECOMMENDATION OR GO WITH IT, EVEN THOUGH IT DOESN'T CHANGE ANYTHING? I THINK WE GO WITH IT BECAUSE AGAIN, JUST STICKING IN WITH THE DATA THAT WE WERE JUST PROVIDED TO JUST, YOU KNOW, TO BE CONSISTENT THERE TOO.

BUT I DID HAVE, UH, WHEN WE'RE DONE WITH THAT PORTION OF IT, JUST A CLARIFICATION ON THE A, UM, CAUSE I ALWAYS WASN'T HERE FOR THE LAST PART OF THE CONVERSATION, BUT RECOMMENDATION OF APPOINTEES AND BOARDS.

SO IS THAT, IS THAT BECAUSE, UM, IS THAT HOW IT WAS DONE BEFORE, WHERE A MAYOR JUST SAID A NAME AND THEN, AND THEN THAT'S WHAT EVERYBODY VOTED ON OR I GUESS I'M NOT, I'M NOT FOLLOWING A, UM, I THINK THE ANSWER WOULD BE, YEAH, YOU CAN GIVE SOME INSIGHTS.

IT'S BEEN SO LONG, IT'S BEEN SO LONG, BUT THAT'S, THE MAYOR COULD MAKE RECOMMENDATIONS BEFORE.

RIGHT.

SO, UM, WHEN, LUCKILY WE DID HAVE A BENEFIT OF KIRSTEN LYNCH.

SHE'S AMAZING.

UM, AND, AND, AND WHAT THE DISCUSSION WAS WAS WHEN OUR CITY WAS SO, SO VERY SMALL, UM, THE MAYOR BASICALLY HAD TO VOLUN TELL PEOPLE THAT THAT WAS GOING TO NOW BE ON A CONDITION.

SO, UM, SO THEY WOULD, THEY WOULD MAKE THOSE RECOMMENDATIONS IN THAT WAY.

OKAY.

AND SO NOW WE'RE JUST DOING IT AS A COUNCIL, AND NOW WE HAVE PLENTY OF APPLICANTS AND THAT'S PUT OUT ON, YOU KNOW, ALL OF THE SOCIAL MEDIA AND THE WEBSITE.

IT MIGHT NOT BECAUSE IT JUST SAYS RECOMMENDATION, DOESN'T SAY APPOINTMENT.

THAT'S WHY I WAS, IT JUST SAYS RECOMMENDED.

THIS IS WHO I THINK SHOULD SERVE IN THIS, IN THIS CAPACITY.

RIGHT.

BUT THEY, BUT THE, THAT ROLE IS STILL CURRENTLY NOT DONE BY THE MAYOR.

AND THOUGH IT IS FOR, UM, GROUPS THAT ARE OUTSIDE OF THE CITY.

SO WHEN WE'RE TALKING ABOUT CAP COG OR BCR UI THAT IS TRADITIONALLY DONE BY THE MAYOR, AND THOSE ARE STILL BOARDS AND COMMITTEES, THEY'RE JUST NOT OUR OWN.

SO I DON'T KNOW IF WE WANT TO CLARIFY THAT LANGUAGE TO SAY THAT, YOU KNOW, THE MAYOR HAS THE SAME, UM, THE SAME POWERS AS EVERYBODY ELSE ON COUNCIL WHEN IT COMES TO CITY BOARDS AND COMMITTEES, DID Y'ALL DISCUSS THAT.

NO, WE DIDN'T BECAUSE WE, YOU KNOW, WE, WE HAD TAKEN IT AS IT WAS BECAUSE OF THE VOLUME TELLING THAT THAT'S WHAT IT WAS.

THEY HAD TO HAVE IT OTHERWISE, SHE SAID THEY DIDN'T EVEN HAVE PEOPLE IN PLANNING AND ZONING.

UM, SO, UM, WE DID NOT LOOK AT IT AS BOARDS AND COMMISSIONS OUTSIDE OF THE CITY.

I THOUGHT ALSO THAT TAKING IT OUT WAS KIND OF CLEANED UP POTENTIAL CONFLICT WITH YOUR BOARD SELECTION COMMITTEE PROCESS.

THAT JUST DOESN'T FUNCTION THAT WAY.

BUT I DON'T KNOW THAT IT, IF, IF THERE'S OTHER OUTSIDE AUTHORITY FOR HOW THE MAYOR MAKES RECOMMENDATIONS, THEN YEAH.

I DON'T KNOW.

YEAH.

IF WE DON'T, YOU CAN ALWAYS DO THAT BY ORDINANCE.

UH, SO I GUESS THE OPTIONS ARE LEAVE IT IN AND JUST SAY RE RECOMMEND APPOINTEES FOR THE BOARDS AND COMMISSIONS, EXCEPT, YOU KNOW,

[01:50:01]

EXCEPT WHERE THE BOARD SELECTION COMMITTEE FUNCTIONS, SOMETHING LIKE THAT.

WE COULD DO THAT, OR WE TAKE IT OUT AND YOU DEFAULT TO ANY STATE LAW, OR YOU CAN PASS AN ORDINANCE THAT CLARIFIES THAT ISSUE.

I'D SAY THOSE ARE THE THREE OPTIONS.

SO YOU WERE SAYING A SEPARATE ORDINANCE FOR, UM, OUTSIDE BOARDS.

IS THAT YEAH, TO THE EXTENT THERE'S NOT SOMETHING WRITTEN ANYWHERE.

THE ONLY ONE WHERE IT MAY NOT BE WRITTEN ANYWHERE IS THE BCR UAE, BUT THEY'VE, THAT'S GOT ARTICLES OF INCORPORATION BYLAWS THAT WOULD ADDRESS THAT ISSUE.

I JUST DO NOT RECALL WHAT IT SAYS, BUT WHAT I WILL SAY IF IT'S TAKEN OUT AND THERE'S SOMETHING THAT, UM, SPECIFIES THAT THE MAYOR MAKES A RECOMMENDATION IN ANOTHER GOVERNING DOCUMENT THAT DOESN'T CHANGE THAT POWER.

OKAY.

BECAUSE WE STILL VOTE ON IT ANYWAY.

CORRECT.

RIGHT.

YEAH.

OKAY.

THANK YOU.

SURE.

ALL RIGHT, COUNSEL, WHAT DO YOU WANT TO DO ON THIS ONE? A MOTION TO APPROVE.

ALL RIGHT.

MOTION A SECOND.

ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR, OPPOSED PASSES FIVE TO TWO PUBLIC RECORDS.

THIS ITEM IS RECOMMENDING THAT LANGUAGE BE STRICKEN THAT WE DON'T, THAT IT'S NOT REALLY DONE THAT WAY.

WRITTEN APPLICATIONS ARE NOT STAMPED WITH THE CITY SEAL FOR OPEN RECORDS.

REQUESTS MANY ARE SUBMITTED ELECTRONICALLY.

SO MOTION TO APPROVE SECOND MOTION AND A SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES.

UNANIMOUSLY FINAL COMMISSION RECOMMENDED THAT THEIR TERM OF SIX MONTHS BE REMOVED, UH, BECAUSE THEY, YOU MAY WANT THEM TO SERVE LONGER OR SHORTER TERMS. AND YOU CAN SPECIFY THAT WHEN YOU APPOINT THEM MOTION TO APPROVE SECOND MOTION A SECOND, ANY FURTHER DISCUSSION, ALL THOSE IN FAVOR PASSES.

UNANIMOUSLY.

THANK YOU.

ALL RIGHT.

UM,

[21. Council Member Closing Statements.]

ITEM 21 AND COUNCIL MEMBER CLOSING COMMENTS, PLEASE.

SWAN.

I THINK WE'VE ALL TALKED ENOUGH TONIGHT.

WE'LL SAY GOODNIGHT EVERYBODY.

THANK YOU PLACE TOO.

SO HAPPY TO SEE EVERYONE AT THE MLK JR.

PARADE AND FESTIVAL.

SO I'M HAPPY TO CONTINUE THAT NEXT YEAR.

SO THANK YOU, EVERYONE WHO WAS ABLE TO PARTICIPATE PLAYS THREE PLAYS L PROTON ACTUALLY PLAY SIX.

AND TO TAG ON TO THAT, I'D LIKE TO SAY A BIG THANK YOU TO, UM, COUNCILMAN THOMPSON FOR HEADING UP THAT EFFORT AND TEAM.

THEY DID A FABULOUS JOB, AND I KNOW SHE'S NOT WATCHING, BUT TODAY'S MY DAUGHTER'S 23RD BIRTHDAY.

SO I'D LIKE TO WISH HER A HAPPY BIRTHDAY.

HAPPY BIRTHDAY.

AWESOME.

YEAH.

I JUST LIKE, LIKE TO PIGGYBACK OFF THAT AND JUST SAY, THANK YOU TO NICOLE.

THAT WAS A, THAT WAS AN AWESOME EVENT.

UM, AND SO, UH, OUR FAMILY, SO I JUST GET TO TELL YOU, UH, MY KIDS SAID THAT THAT WAS THEIR FAVORITE EVENT AND THERE WAS NOT AS MUCH THERE WASN'T LIKE RIDES THERE WASN'T THERE WASN'T UM, UH, THERE WASN'T LIKE THEY DIDN'T HAVE AS MANY BOOTHS, AS MANY FOOD THINGS.

THEY DIDN'T ACTUALLY GET A TREAT.

THEY REALLY JUST, UM, MY SON WAS SITTING THERE WITH TWO STICKS, MAKING A CROSS AND MY KIDS, ONE OF THE WORSHIP ON THE STAGE WITH THE, WITH THE GUYS THAT WERE THERE.

AND I JUST WANTED TO SAY, THANK YOU, BECAUSE I FELT LIKE THE PRESENCE OF GOD WAS ON THAT MEETING AND ON THAT PARADE.

AND FOR EIGHT WEEKS FOR YOU GUYS PUT THAT TOGETHER WAS PRETTY REMARKABLE.

SO, YEAH.

THANK YOU.

THANK YOU ALL FOR BEING THERE FOR SUPPORTING I'M THANKFUL TO ALL THE CITY STAFF THAT MADE IT HAPPEN TO OUR PLANNING COMMITTEE THAT MADE THE MLK EVENT HAPPEN.

UM, AND JUST FOR THE COMMUNITY COMMUNITY CAME OUT AND SUPPORTED IN A BIG WAY AND SHOW THAT WE HAVE AN APPETITE FOR DOING THINGS LIKE THIS, UM, AND THEN BEING INCLUSIVE, UM, AND BRINGING PEOPLE TOGETHER THAT MAY NOT HAVE OTHERWISE COME TOGETHER IN THAT WAY.

SO I'M REALLY THANKFUL THAT WE GOT TO DO IT AND THAT IT WORKED OUT AND EVERYBODY WAS SUPPORTIVE.

SO THANK YOU FOR ALL THE VENDORS AND SPONSORS AND EVERYBODY THAT WORKED REALLY HARD TO MAKE, UH, THE INAUGURAL MLK EVENT HAPPEN.

I'M REALLY APPRECIATIVE AND LOOKING FORWARD, LIKE AS MAY SAID TO NEXT YEAR.

AWESOME.

ALL RIGHT.

SO IN AN EFFORT TO KEEP MORE OF OUR DOLLARS LOCAL, WE HAVE BEEN HAVING DINNER BEFORE COUNCIL MEETINGS FROM A LOCAL RESTAURANT TONIGHT.

OUR DINNER WAS PROVIDED BY SUBWAY.

SO THANK YOU, SUBWAY.

AND PLEASE REMEMBER EVERYBODY WHEN YOU ARE OUT AND ABOUT, AND YOU'RE LOOKING TO SHOP, SHOP LEANDER FIRST, BEFORE YOU GO INTO CEDAR PARK.

UM, ALSO LEADERSHIP IS NOT ALWAYS, IT'S NOT ALWAYS EASY.

UM, AND SOMETIMES I THINK EVERY LEADER WONDERS, YOU KNOW, WHAT'S THE BEST ROUTE TO TAKE.

AND I THINK AN IMPORTANT PART OF LEADERSHIP IS KNOWING WHEN TO SIT BACK AND TRUST IN ANOTHER LEADER THAT, UM, THEY CAN HANDLE THINGS.

[01:55:01]

AND I THINK THAT THE LAST COUPLE OF WEEKS, WE'VE SEEN SOME INCREDIBLE LEADERSHIP FROM A COUPLE OF PEOPLE UP HERE ON THIS DIOCESE.

AND I JUST WANT TO GIVE HUGE SHOUT OUTS TO PRO TIM ROSS ON HER EFFORTS WITH CAP METRO, UM, AND HOW SHE HAS JUST TAKEN THE BULL BY THE HORNS AND, UM, CREATED DIALOGUE THAT WE'VE NEVER HAD BEFORE.

AND, UM, NO MATTER WHAT HAPPENS, I AM SO INCREDIBLY PROUD OF HOW MUCH YOU'VE DONE FOR THE CITY AND THE RESIDENTS IN WORKING WITH CAP METRO.

AND THEN, UM, AS YOU'VE HEARD FROM MOST EVERYBODY TONIGHT, UM, COUNCIL MEMBER THOMPSON, WHAT YOU DID IN EIGHT WEEKS PULLING TOGETHER AN AMAZING EVENT.

UM, IT'S, IT'S ALL INSPIRING AND I HOPE SOMEDAY I HAVE YOUR ENERGY.

UM, AND I'M JUST SO INCREDIBLY PROUD OF BOTH OF YOU AND HONOR TO SERVE WITH Y'ALL.

AND WITH THAT, LET'S GET OUT OF HERE AND ENJOY THE EVENING.

WE ARE ADJOURNED AT 10, 11:00 PM.