City Council - Regular Meeting

No,

it is 3 o'clock. Good afternoon, Horseshoe Bay. Uh, thanks for being here today. Uh, I'm going to call the meeting to order on March 17, 2026. I am going to establish a quorum here. Uh, we are missing uh, Mr. Hosia, who was unfortunately called out of town and will not be with us. But we have four of our council members here, including the mayor, who is fifth, but I do not vote. Uh, and uh, we do have a quorum. We only need three. So, we've got one more than we need. Uh, and, uh, we are going to start as we typically do with our invocation today. And I would ask for you to stand and then we'll follow that with the pledges. Lord, we just thank you for the opportunity to meet here as a free people. We do not take that lightly. Lord, there are peoples in this world that are not able to meet freely right now. Our hearts go out to them. We thank you for this country and this democracy that you have given us. We ask you to please help us safeguard that. Help us to deal with each other fairly, honestly, and politely. Lord, I thank you for the people in uh Horseshoe Bay and what they mean to each other. It's a true sense of community. I pray that the rest of the country would take a a page out of our uh playbook, Lord, and deal with each other in such a way that a uh consensus could occur rather than acrimony. I ask you to be with this um session today that you would just guard our hearts and our minds and our speech in such a way that would glorify you. I thank you for all of the citizens here and for these up on the dis who have uh

given freely of their time and efforts to help this city. In the Jesus name we pray. Amen. Amen. I pledge allegiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

Honor the Texas flag. I pledge allegiance to thee, Texas. One state under God, one and indivisible. Okay, I want to remind the uh citizens if you are wanting to speak today on a matter, please sign up uh and uh when we get to that part, I will call you by name and it will have a a place on there as to what uh section or matter that you wish to speak on. and I will know whether you are here for a public hearing or whether you're here for um for another matter uh that's going to be in public comment. So getting started today we're going to start with uh proclamations and we've got three proclamations. You might wonder what a proclamation is. Uh it is a uh a method by which the city can recognize and acknowledge special efforts and u achievements by groups or organizations or people that assist in making Horseshoe Bay what it is today. And it's a just a way to thank people uh for their special e efforts and achievements. And the first of the three u proclamations that we want today is for our staff and our city uh which is international dark sky week. You might be aware and if uh you aren't go out tonight after after dark and you will be aware that Horseshoe Bay is a dark sky

community. We have special um uh ordinances which restrict nighttime lights. Science has told us that uh uh light pollution at night can adversely affect lots of things including but not limited to u uh human sleep patterns and human health. So we have become a dark sky community here in Horseshoe Bay. We were the eighth community to do so in the United States and I think we've been that now for 11 years if I'm not mistaken. So we're going to make April 13 through 20, 2026 as International Dark Sky Week. And I want to uh to read a couple of the issues before we give this dark sky proclamation. uh whereas light pollution has s uh scientifically established economic and environmental consequences which result in significant impacts to the ecology and and human health of all communities. And whereas stargazing is a much valued uh thing in the community of Horseshoe Bay and residents choose the city to escape the traffic and light pollution of larger cities. And whereas the city of Horseshoe Bay has been recognized as a dark sky community since November 2015 based upon its exemplary efforts to preserve its natur uh naturally dark nighttime conditions. I uh and the council do hereby proclaim April 13 through 20, 2026 to be hereafter known as International Dark Sky Week in Horseshoe Bay. So go out and enjoy the dark skies today. And I have a

proclamation which I think is going to go to Rick. John, excuse me, John, come get your international dark sky proclamation. And it is signed. Thank you, sir. Okay. Uh our second proclamation today is uh declaring the month of March 2026 as procurement month. Uh we have in Horseshoe Bay a procurement division which is responsible for making certain that the goods and services that the city provides or or has to contract for actually uh are uh maintained and are procured in such a way that they uh uh are transparent, that they are fair, they they are equitable and that they are quality and uh uh the best price possible. So uh we have both uh we have three people in charge of that which is uh Molly Jester. Where is she? Molly Jester and uh Susan, where are you? Susan White and Robert Issacs. I saw him back there somewhere. These three save you money. y'all need to uh pat them on the back. Uh case example, uh we recently had a bid for uh janitorial services, I believe it was, and the prices were absolutely phenomenally different from each other and we could vet those and get the best for the citizens and we did. So I'm

going to read this procurement uh month proclamation and it says whereas the public procurement profession plays a significant role in the efficiency and effectiveness of both government and business and whereas public procurement professionals serve as our gatekeepers of the competitive process and are trust entrusted with the responsibility of ensuring that Those processes are conducted with fairness and transparency for our partners in the BU business community. Now therefore, the mayor and the city council of the city of Horseshoe Bay proclaim the following. March 2026 hereafter shall be known as procurement month in Horseshoe Bay, Texas. And I want to ask Robert Issacs to come and get our proclamation that is signed. Robert,

thank you very much. I asked Robert yesterday if he was ready to make a speech today and he kind of hemmed and hawed and said, "Do I have to keep it under 20 minutes?" So, I did not call on you as you as you saw, Robert. Okay, our third uh proclamation today is uh on records and information management month. Uh good records and information management are the backbone of efficient government operations. When agencies properly follow retention and disposal schedules, they foster transparency and demonstrate responsible stewardship of taxpayer resources. The first thing I do want to say is that we've had a supervisor in the uh uh records division for the last five years, Janet Staling. Janet, I saw you back there trying to hide. And she has done a fantastic job for us. We have multitudes of public information requests that come in that she has to sift through and sift through records to determine what's uh a public information and what's not and how to get it to the people who've requested and you can imagine the voluminous records that she has to go through and and the uh uh the the placement of those records so that she can retrieve them. Very important. And I want you to thank uh join me in thanking Janet for her outstanding service. Five years in counting. Thank you, Janet. I forgot. We have a little something for you, Janet.

Susie Quinn, your supervisor. Thank you so much. I want to read this proclamation. Whereas good records and information management is the backbone of efficient government operations and the retention and disposal uh schedules foster transparency and demonstrate responsible stewardship of taxpayer resources. And whereas technologies are increasing the volume of information and legislation legislation is expanding the complexity of information. Therefore, the proper management of information as an asset is essential. Whereas well-designed records management systems or uh minimize organizational risk by ensuring critical information re remains accessible when needed through carefully established policies, procedures, and consistent practices. Now, therefore, the mayor and city council of the city of Horseshoe Bay proclaim the following. April 2026 shall hereafter be known as Records and Information Management Month in Horseshoe Bay, Texas. And I'm going to give this to Susie Quinn. Now, we've got some announcement and staff recognitions. Um, our first one is going to be a uh 30-year service recognition of Shelley Lindler.

Honorable mayor and city council, it is great pleasure that the city of Hor announces a 30 years service award for Shel Linder celebrating three decades of unwavering dedication to our city and its residents. Shel's remarkable journey in public service began March 18th, 1996 with Lake LBJ MUD. Over the years, she has dedicated her career to serving the public with unmatched professionalism and expertise. As our premier billing supervisor, Shelley transformed her department into a model of customer service and efficiency for others to emulate. Known for her vivacious and energetic spirit, Shelley has always put our community first. Her exceptional leadership and genuine care for her team have made her a beacon of integrity. Shelley's impact extends far beyond the building department. She collaborates seamlessly with utilities, water conservation, and public works through her open door policy and innovative approaches. She has fostered a transparent, trustfilled relationship between the city and our citizens. As we celebrate this incredible milestone, we recognize a legacy that will continue to inspire current and future generations of city professionals. Outside of her dedicated public service, Shelley enjoys a vibrant personal life. She is a proud mother of two sons who are standing over there by the door. A doing grandmother for four

amazing children, grandchildren, and a pet parent to four crazy Siamese cats. In her free time, she loves listening to her winchimes, doing needle point reading, tenting to her yard, and cherishing moments with her family and friends. Please join us in extending our heartfelt gratitude to Shelley Linder for 30 outstanding years of service to the city of Horseshoe Bay. I have worked with 27 years. and she's always been a very strong willed person, but she's always had really true empathy for her customers. She loves her customers. Her customers love her. She resolved so many conflicts I couldn't even tell you between customers in their building and their history that they have. And it's been a pleasure to work with her for 27 years. Okay, Ray. Uh, Garcia, you've got a new employee in the recycling.

Yes, we do, Mayor. Mayor Council, we would like to welcome utilities department newest team member, Tyler Ford. Tyler Tyler Ford was born in Georgetown, Texas, and raised in Bernett, where he developed a strong appreciation for small town values, hard work, and community involvement. He has recently joined the city of Horseshoe Bay's recycling center as a recycling monitor, bringing a strong sense of accountability, reliability, and service to his role. Tyler is passionate about meaningful work, building strong professional relationships, and contributing to long-term growth as well as being uh well-being of the community. In Tyler's free time, he enjoys building and riding motorcycles and tinkering with various projects around his property. Welcome aboard, Tyler. Thank you, Tyler. Susie Quinn, I believe you have a new employee as well.

Janice, would you please stand? Janice Nil Nelson is new to Horseshoe Bay and thrilled to become a part of the beautiful community. She has lived in Long Island, New York for the past 17 years with experience as a real estate administrator and 13 years experience as a facilities coordinator. She has a bachelor's degree from Louisiana State University. She has worked in Louisiana State Library and her tenure at HBO began as in their media library where she was then promoted to facilities coordinator. Throughout their expansion at their peak, Janice supported major capital improvement and infrastructure renovation projects for the former HBO communications center. Despite being an introvert by nature, she enjoys opportunities to connect and collaborate with across all the departments. Welcome, Janice.

You've got a great boss, too, Janice. We're glad to have you. Uh, now we've got a uh GFOA Distinguished Budget Presentation Award. Molly Jester is going to come forward. And Molly, just in case you don't say this, I'm going to say it. This is the ninth year in a row or eighth year in a row. Ninth. Ninth year in a row. But this is these are also perfect marks as well. So, I thought you would probably leave that out because it would pat you on the back too much. Go ahead.

Thank you, mayor, mayor, and city council. It's Molly Jester, and as the mayor mentioned, the finance staff, uh, we're pleased to share that the city has once again won the award. It's for a distinguished budget presentation award uh for fiscal year 26 and it's nine years in a row and beginning with fiscal year uh 2018. In addition, this year the city receives spec special recognition for long range operating financial plans. This designation is only awarded when all three GFOA reviewers assign the highest possible score in the applicable categories, making it a notable achievement. And this is the plaque. I'm not sure where it's going to go, but you can see we've got all of them there. This is actually fake, but we'll get it in a month. So, I made one that that made it look like we had it. Um, so really anybody I'd like to congratulate everyone who helped on the budget. So if you wouldn't mind standing up y'all.

No, I mean all the directors, everybody. Council. Oh, now you're coming up. Yeah. Uhhuh.

All right. Well, thank you. I appreciate you. In addition, the city also won the transparency star for fiscal year 25 that marks eight years of recognition beginning with fiscal year 2018. This recognition reflects the city's strong dedication in preparing, reviewing, and approving the budget as well as our continued commitment to long-term fiscal stewardship and transparency. So, if you go out and look on the website, there's a transparency part within the finance department, and it's got a lot of lovely information that you would like to know about the city. It's all there. We're very transparent. So, thank y'all,

Molly. Thank you for your service. You You're We couldn't do without you. Thank you. We come now to uh public comment. I want to remind everyone that public comment is uh something that you can uh uh speak about anything that relates to our community. We ask you to keep your comments to three minutes or less. And uh if it's a matter that's on the uh actual public hearing, uh I will call you during the public hearing. you will not be uh uh on the uh public comment section. So, we have two people that have actually signed up uh today uh one on the public comment and the other on the public hearing. But um I do want to also remind you that we are not allowed, the council is not allowed to engage you in conversation. So, if you want to uh talk about, you know, dogs running too freely in Horseshoe Bay, we can't engage you in that because it's would be a violation of the uh Open Meetings Act. So, don't think we're being rude. It's just that's the law and we're going to follow it. So, the first uh and only actually um public comment that we have is I'm going to butcher this name. I think Harry Bourne Just because we don't

Is it Bourne the last name? Okay. Can you state your name and address for the uh recording, please? Um my name is Harry Bourne. Actually, I don't live here in the community. Um but we're going to be involved in the community. Is that sufficient or you need something else? No, that's fine. Okay, that's fine. You ready? Yes, sir.

My name is Harry Bourne. I'm the vice president of Highland Lakes Habitat for Humanity, which is a 501c3. I'm here to introduce our organization and our activity in the community. Our chapter, the Highland of Habitat for Humanity International, builds homes in Bernett and Lano counties. Our vision is a world where everyone has a decent place to live. Our purpose is to build affordable housing uh with families who could not otherwise afford a house by selling it to them at con the construction cost uh with a reasonable mortgage. Since 90 1997 we've built 31 homes. We're a group of volunteers investing hundreds of hours in the homes that we built. Everyone with our chapter of habit habitat are volunteers, the board and the workers. We have a real mixed group of people uh from people who are very skilled in building to people who are helpers. Um families apply for a habitat house and they must meet certain criteria. They have to have a housing need. In many cases they have been living with parents or crowded in in in an apartment. Um they have to have financial stability so that they can pay for their homes. This is not a gift. They have to contribute sweat equity time 150 hours prior to building their home and 150 hours on their own home that the family can can be involved in. We do build a quality home. Uh our appraisals have always come in about double what our cost uh has been for these homes.

To make it work, we depend on donations to provide the money to build the house. We do carry the mortgage, but we've got to have the money to build the house. Volunteers to help us build the house. We build on Wednesdays and Saturdays. And then community businesses often help us with discounts or contributions of one sort or the other. We're currently recently purchased a property in Horseshoe Bay South for the for our first home here in this area. Um we'll be working with the city and the POA to make sure that we meet all the requirements for building here. Our website is hlhabitat.org. It's got more information about organization, stories about our partner families, and pictures of our houses. Uh, in summary, we build quality houses to give good, hardworking people a leg up through volunteer labor and an affordable mortgage. Our homes have gone to people working in our schools, a registered nurse, a preacher, and a medical assistant recently. We look forward to building affordable homes here in Horseshoe Bay. Thank you.

Thank you, Mr. Bourne. Okay, we're going to move into uh presentations. Now, these are for information only. there will be no action taken by the council, but it's great information not only for the community but for the uh council and staff as well. And uh the first thing I want to do is to ask Carrie Pickering, I saw her over there, to please come up. Always like to see Carrie because she's carrying something in her hand that I like. Goods today for sure. We got

Thank you, mayor. Thank you, council, and all city officials that are here today. As y'all know, I know most of you personally now, uh, my name is Carrie Pickering. I'm an attorney for the Linebarger Law Firm. The Linebarger Law Firm has represented all of the taxing entities in Lano County in collection of delinquent property taxes for 30 plus years. Um, so I've got close family ties here. My parents own a house in Horseshoe Bay. My sister lives in Oakidge, which is surrounded by Horseshoe Bay. And I live in Lamp Passes. So, I'm just right up the road from y'all. So, I'll try to make this short. So, our law firm in representing uh the taxing entities, we um reach out to the taxpayers throughout the year via mass mailings to try to notify delinquent taxpayers that they owe taxes on their property and that if they don't get the tax delinquency resolved, we could end up filing a lawsuit against them in district court right here in Lano County. So, we do everything we can to reach out personally, emails. The firm has a wonderful skip tracing address research uh program where we can find people as y'all know a lot of Horseshoe Bay property owners live out of the country uh Malaysia, Colombia, a lot in Mexico and we can actually sometimes find those people too. So um bottom line is uh we give you a chance to pay your taxes, warn you personally and via mass mailings and an individual notice of intent to sue letter. If that still doesn't result in contact with the taxes tax office or myself or my staff, then sometimes we will end up filing a lawsuit. Once the lawsuit is filed, it takes about a year to work the lawsuit through the litigation process. Once the litigation is complete, we set the case for trial in Lano County. And at trial, we take a judgment that authorizes the taxing entities to foreclose the tax leans and also to put the property in a public tax sale. Um, even though the real estate market has dimmed a little bit with the higher interest rates, that

has not stopped our tax sale properties from selling. So, at the tax sale, we establish what's called a minimum bid. I'm just going to keep this simple. Let's say the minimum bid is $100. That $100 includes all the back taxes plus the court cost. um ad light item fees, abstract fees, additional costs associated with the lawsuit. So, if we start with a $100, we have competitive bidding always on our properties in Leno County. It's a it's a hot very hot market for our tax sale properties. Um our tax sales, by the way, too, are conducted online. Um they're always on the first Tuesday of every month. We start the online bidding at 10. For information on that, reach out to me or the tax office and we can send you in the right direction. You have to go to a website called realaction.com and actually sign up. You do have to be a little bit I don't want to say savvy, but you do have to know how to work a computer in order to sign up and do all that. So anyway, um we allow the bidding to take really as long as it wants, as long as it's completed by 4:00 in the afternoon on that Tuesday. And then that very day, the highest biders are notified that, hey, you're the highest bidder on this property. Here's where we go from now. So, if the property was uh minimum bid was $100 and the highest bid was $200, that extra $100 is deposited in what's called the registry of the court, which is actually the district clerk's office in plain English. Um, the district clerk by law holds on to that money for a maximum of two years. Within that two-year time frame, the former property owner or any former lean holders have the right to petition the court to distribute that $100 excess back to them. They have that right by law. I can't interfere in that. However, if the 2-year time window uh expires and no one has petitioned the court for the excess, I go back in on behalf of all the taxing entities and ask the court to sign an

order dispersing that extra $100 to the taxing entities. So that's what I'm here to do today. We recently had three or four cases wherein the court dispersed the tax sale excess. So as part of that, the city of Horseshoe Bay is receiving $5,478 even in excess proceeds. And by the way, the money can use this the city can use this money at their discretion. So people ask me that all the time. Does it go to raises? Where did they use it for? I don't know. It it's up to y'all. So anyway, now y'all know. So $5,478 to the city. The county as part of this dispersement received $5,448. Even ESD number one, which covers this area, received oo $32047, but still uh Leno County Road and Bridge received $640.93. And then Lo ISD is always always receives the lion share. $20,159.80. So Gilbert, where's Gilbert? I saw I'll see you in commissioner's court. I don't know what date it is, but this is the next one coming up where when I give the county their money and then I'll be at the um Lo ISD board meeting too to personally uh give them their dispersement, their 20,000 plus dispersements. So, they're always very happy to see me too. So, questions?

No. Any questions? Okay. Is that made out to me? Should I give it to Molly? Yeah. Yes. Yes, please do. Thank you so much, Carrie. Always good to see you. You're welcome. Also, forgive me for leaving. I have court in Hamilton tomorrow, so I need to head up that way. Be careful. Okay. Thank y'all for coming. See y'all, too. Appreciate it. Uh, our next presentation then is going to be uh from uh I think Jeff, you're going to introduce uh Beth. Is that right? Yes, sir. Uh this is Beth Kutki. Kicki.

Kenneck. So, she's with PEC. Uh they're going to be working on a uh project within our area uh four different days where the power will be out for a while. Uh while they transfer the power over from I think it's 740 to 1,400 volts uh basically doubling the capacity of the electrical system within the city. So, I want to take your your your presentation. I'll let you talk on it.

Okay. Thank you. Good afternoon, Mayor and Council. Thank you for having me. Uh Beth Kincki, Pinelis Electric Cooperative. I'm their external relations rep. Um and I have the privilege of serving Horseshoe Bay. So PEC will perform critical system improvements to better serve Horseshoe Bay. Um these voltage conversions will take place over four days in March and April. Uh members will experience an interruption in electrical services based on scheduled dates that are listed on their notification letter and email. um that all members should have received at this point. Um our Marble Falls district team is handling that conversion and they've handled all of the planning for that to date. Um just a little bit on voltage conversions. So these happen when we deenergize an entire circuit out of a substation and so line workers are sent to every transformer on that circuit to manually move that switch um to update the voltage on there. And so this conversion is needed in order to handle um increased load on these power lines in their respective areas. During a voltage conversion, outages are necessary to upgrade. Uh the primary voltage on each transformer is increasing from 7.2 kilovolts to 14.4. And so it's essentially as he said doubling uh the capacity and doubling the voltage on that line. And so that means it can handle more amps, more meters, more loads. Um, and then PEC contractors and PEC line workers will be out performing that work. Um, you'll see them in all of these areas. For safety purposes, we ask that members not approach them during the work. It's very dangerous work. Um, if there is something that you see on the property that you have concerns about or questions about, we encourage you um to you can ask for their

identification and then please call into our member relations line um and they'll be happy to speak to to you. Um there will be approximately a hundred line workers and just as many vehicles out. Um so there there is a lot of work to be done. Uh we anticipate it to run very smoothly though. Um, we've had several conversions in different areas before. Um, and they've all gone well. Uh, letters, emails, text messages, and ROOC calls, as I said, were all sent out to members with each member's specific day that they will experience the outage and the time. Um, the time is approximately 8 to 3. Again, that is a a window of time. Uh, just to give our line workers enough time to to complete that that work. um a couple of days ahead of the outage, members will receive um automated phone calls and some text messaging. We do encourage that they check to make sure that they have the correct uh information on file in terms of of phone numbers. That's the only way really to receive that communication. Um one of our other questions that we've received is about loss of cell service. So, we don't anticipate a loss of cell service during the outages. And then cell phones don't need uh cell service in order to call 911. So, if someone does experience an emergency, uh reaching 911 should not be an issue. Um the outage dates are March 24th, March 25th, Tuesday, April 7th, and Wednesday, April 8th. Um each of those outage dates are from 8 to 3. Um and then in the event of inclement weather, all of those projects will take place on Thursday, April 9th. Um we do encourage members, this is listed in their communication as well, that if your power is not restored

by 3:30, to please give PEC a call. You can also check on the outage map um for updates on that. Um but our member relations number is 888833379. And then additionally listed um in all of our communications as well is the phone number for our Marble Falls planning department. And again, they are the point of contact for this project. Um if members have questions, you know, related to their day or time or or really anything any component of that. Um and they can be reached at 877372391 uh pressing option one. So with that, I'll take any questions.

We had some questions on uh medical equipment. If you're in an affected area and you have uh medical equipment that needs to run constantly, are any u accommodations being made at any churches or uh establishments in Marble Falls or elsewhere for that? No, not to our knowledge. PEC does not provide um those type of services in the event of outages. That would be at the discretion of the city.

Okay, I think I understand that Horseshoe Bay. Yes. So, what we've seen in the past for cities that have undergone conversions, the city would try and determine like for example on that Tuesday, March 24th, um working with locations that don't have outages that day of church perhaps and providing that as a a space that members can uh can attend during that outage time.

Okay. And one other thing is that because we're largely a retirement community, there there's a fair amount of people who don't regularly check their emails and don't regularly they're they're afraid of scams, so they don't open up a lot of mail, etc., etc. Um, can the are these rooc calls going to be made two days before each outage again? Then did I hear that right?

So yes. So on each date or each outage date, a couple of days ahead of time, they'll receive a ROOC call and a text message. Each member should have also received a letter by mail um and then an email as well. And then it's been published, I believe, in several local papers. We we've got an article coming out tomorrow. Okay. Uh on this as well. Other questions from the council? Beth, thank you for coming and explaining this to us and we look forward to the increased uh capacity that we're going to get. That'll help us with the uh weather related outages, won't it? Yes, it will. Okay. Yes. Thank you very much. You're welcome.

Did you want me to

Okay, we're going to move now into uh our public hearing section. I want to remind everyone uh that uh first of all we we have two public hearings that were opened January the 20th. They both uh relate to the same development but different uh parcels on the same development because they're in different locations. And we have kept this open now for two months because we needed additional information. And I'm happy to uh announce that after two months, we've we've uh been getting lots of good information in and our staff is ready to uh uh tell us where we are with this. So, I'm going to uh I'm not going to reopen the public hearing because it's already open, but I am going to announce that uh we're going to deal with both parcels and talk about them at the same time, but we're going to vote on the parcels in separate votes uh for uh logistic reasons. So, I'm going to now uh continue the hearing uh on a request for variance uh referenced in section 10.03.010 that limits cut and fill not to exceed 4 feet in depth to a subdivision to be known as Cap Rock Thundercloud, a 4.47 47 acre development consisting of 10 garden home residential lots. Uh and we're also going to continue the public hearing uh for a similar uh variance to uh that cut and fill ordinance for two garden

home residential lots on the uh area that is uh sometimes referred to as the RUD track uh off of Bay West Boulevard located at Bed Bay West Boulevard. both of them in zone three, Horseshoe Bay West. Uh and the other is in uh I think Apple if I'm not mistaken. Um and now we're going to have uh John Byum tell us what's transpired since the last uh meeting that we had on this matter. Mayor and Council, good evening. For the record, John Byron, development services um director As it was just mentioned, this is this cut and fill item has been um before y'all for a few months and um at the last council meeting um staff was um recommended to move forward with approval. Um at that meeting there was some discussion um among the council that they wanted to see a few other things. So we went back to the applicant. They provided um some updated information that we sent over to our engineering team for review. the engineing engineering team reviewed. We sent those comments back over to the applicant for some clarification. The applicant on Friday, I believe, um last Friday, um submitted some updated information. That information is now back with the engineer. Um the our engineering team, of course, it was just last Friday, so there wasn't enough turnaround time. Um but we are still within our window um of review time that you know um staff is um allowed uh to get comments back. in the staff report, you do have kind of a timeline um there as I was just stating to y'all. Um so with that, um staff would still recommend to go ahead and move forward with an approval as presented at the last council meeting. Um the cut andfield varants itself, all

the review is completed. It was just answering those questions that the council had. Um so move forward with an approval with the conditions that all those comments um by staff. So staff horseshoe bay or our thirdparty engineering um team um that all comments um are cleared and met and that would be for this cut and fill variance. Um of course the applicant is going to have to uh there's a few other steps that they're going to have to go through through the development process but we're just talking about the cut and fill right now. So it would be to clear those comments that is with the engineer right now. Um and then at the last council meeting it was discussed about parking. So to not have any parking on Bay West Boulevard, Diamond Hill, or any public street during um construction, of course, as I just stated, um this is just for that cut and fill. The applicant is still going to have to go through um a bunch of other steps. Preliminary plat final plat. Um so if if the cut and fill variance is approved, they're not going to get to go move dirt tomorrow. They'll still have to go through the process. and platting, both platting preliminary and final plat will come back to y'all um at some point in the future. Um so with that being said, it's still the public hearing. Um so we would still need to continue that if you do want to move forward with any action. Um we would need to close the public hearing. Um but staff is available for any questioning and we do have the applicants here as well.

Great. Great. Uh we had a a very thorough and good presentation from the applicant last month. Uh Brienne uh Kelsey gave that to us. I think Daniel, you might have uh piled on. I can't remember whether you did or not, but uh I I would be more than happy to allow you all to give any additional information uh on a truncated basis basically. uh uh in terms of uh where we are on this and then we're going to have some comments from the uh audience as well.

Can you state your name? Good afternoon, mayor, council, staff. Brienne Kelsey, senior vice president with Replay Destinations. We are the applicant and the developer with this um both these applications in front of you today. Uh we are thrilled to be at this stage of the journey. It has been a couple of months through the process with you and um mayor, thank you for generous airtime last month for us to uh walk you through not only the project but through who Replay is and why Horseshoe Bay is so important to us with this development. I am also pleased to share we have followed through on the request and the commitments um that John just kindly updated you on that's in the staff report um with council's requests. Um one of those is the findings on the proper and safe demol demolition of the foundation um what is called the red tract. That's one of the applications. The second one is working with the resort on awareness and assisting them on how to address and resolve the parking issue that currently exists on this particular sites. Both of these efforts are underway. uh as John kindly reported, our engineering study with a licensed structural engineer findings and a local builder of 20 years in the community um have both written a nice report on our behalf that suggests how um the safe removal of that foundation u could exist. The second one is the resort is working on a parking solution uh as well. We are in support of the recommendation in front of you today um and would most definitely um be an advocate of maintaining cadence on advancing forward with this very unique and what replay likes to call very differentiated offering in the caprock community. We're lucky to be here and we're pleased to be

a part of this with you all. I do want to take one moment as this is a very big week for us this week. not only city council right now um but on the 19th so Thursday afternoon 2:00 um we are hosting an open house over at the Cap Rock Pavilion if you would like to learn more about the project learn more about Replay, meet more of our teammates um and get to know Replay a bit more. Um you're more than welcome to join. That is open to all community members. If you need an invite on more logistics, either find myself, Lucas, or Daniel um and we can help you with that part of it. We really appreciate the steps along the path in working with staff, council, and the community. So, thank you uh for the opportunity to present both applications and being very diligent in working with Replay.

Thank you, Brienne. Uh, I forgot to ask if anybody had any questions for John before he gave up the podium. Uh, but does anybody have questions for John or for Brienne before she sits down? Um, I I thank you all for working diligently to get us the additional information. Uh, and I I did have just a couple of quick uh questions. I got your pre-demolition recommendations from your engineer. Uh, and am I reading this right? that uh they're not only going to have to remove portions of the wall to see what was actually holding that wall up, but they're going to have to uh have u ground penetrating uh radar or whatever you want to call it. uh that goes into the side and down from the from the top to see what the soil uh composition is, the rock composition, the the uh

construction of the wall and that type of thing. And then the thing that did impress me the most, John, and I want you to weigh in on this as well, is the fact that uh they're the uh deconstruction experts are going to have to sit there and and look at every single uh rock that's removed to make sure that the soil is not moving whatsoever. and work stops until uh that is rectified. Am I am I reading that right?

That's correct. Okay. Okay. Um well that's good. And then then the the procedure from here then is you'll just keep going down the line for preliminary plat uh final plat building permits that type of thing. Yes, we have a few steps to go along the process here. So, we will not see dirt being moved out there for a while. No, this this I believe does not allow us to do that.

Okay, any other questions before I get the citizens involved. Okay, we've got two people signed up for this. Uh, thank you all very much. Uh, Bill Bush is the first one. Want to speak on Thundercloud? Mr. Bush.

Yeah, I've got him down here, too. Do you all want to come up at the same time?

You'll have to both state your name for the uh record, please. Mayor and council, my name is Bill Bush. I live at 100 Megan Lane and I'm here in connection with a property that we own and a plan to develop at 2913 Deep Canyon which adjoins the subject property that we're considering today on the south side. Um I say first of all we support the development. We're not in opposition to that. We have uh concerns regarding the drainage plan and at this point they are preliminary and we were able to see those after filing a public information request uh early this week. Marcus her is our engineer and has been here for 25 years and he's taken a look at it and this is not something that we're going to try to discuss in council. Uh, I just want Marcus to discuss tech the technical side of this if we could real quickly and get on record with that.

Thank you. Thank you,

Mayor Council. My name is Marcus her with William H Engineering out of Burnett. Um, kind of like Bill said, uh, we're not here to be in opposition to this. We're want to be good neighbors. We actually have a development plan for the property in question that that Bill was talking about that he owns. Um, we want to work together with uh Kimley Horn and with city staff to just kind of be part of the review process because drainage is going to be coming under our property and we actually have somewhat of a plan for that drainage. We we did it one time and so if we could just work with them. Um, we're not in opposition. I know Kimley Horn will do a great job. Um, I currently have a project under review with the city and so I know their drainage review is very intense. Um, and so we're not it's we're not voicing all these concerns. We just want to be part of the part of the loop and be good neighbors. So, c can we see where the subject property is?

It's underneath that thundercloud, right, Bill? Is it? Okay. Well, we actually even have a drainage ement across. I've I've I've been instructed not to go further with that line of questioning, so I appreciate that. Um, and uh, what I would suggest, uh, first of all, does anybody have any questions? Not sure if it's appropriate or not. You can shut me down accordingly. Um, your drainage concerns, would they in any way impact the cut and fill variance request that's before us today? Yes, sir. Not whatsoever. Okay,

that's what I should have asked. Good job. Okay. Uh, anybody else have any questions for either of these gentlemen? And I I I would suggest certainly we have no u I'm speaking for myself right now, not for the council, but we have no objections with you talking with u the developer about uh collaborating on a acceptable uh solution on this. uh I found them to be very understanding and and uh willing to willing to help. So uh I would suggest maybe y'all talk with them. Okay. Absolutely.

Okay. Uh anything else? We'd also like to speak with staff about it as well. Uh we email us email us the property in question. we will respond. Okay. Thank you very much. Thank you, gentlemen. Appreciate your time here today.

Uh, does anybody else have any questions for either John Byum or Brienne Kelsey? Uh no further questions then I am going to close the public hearing uh at 3:57 on 8A and I'm going to uh entertain a motion uh for that I move to approve the cut and fill variance request for the caprock thundercloud development with the following conditions. All outstanding comments from the staff including those from the engineering team must be met and cleared before the variance will be issued by the staff. There will be no parking on any on Bay West Boulevard, Diamond Hill, or any other public street during construction. Motion by uh Council Member uh Morgan. Do I have a second?

Second. Second by council member Weatherbe. All in favor? We have discussion.

Oh, okay. Let's have discussion. So, uh, first of all, I completely agree with the the variance requests for the rationale that's been presented. I I'm, uh, reading from the minutes of our meeting, uh, last month. And on 8A, uh, one of the items in addition to no parking on Baywest Boulevard, we were looking for, and it was referenced by the developer, uh, a definitive resolution for the parking solution for the Caprock Overflow parking. And I I would suggest that in the condition where we state there will be no parking on Baywest Boulevard, Diamond Hill, or any other public street during construction, as well as a definitive resolution for the overflow parking from Caprock. Just to be consistent with what we had asked for in our last meeting,

the rest of the motion would be fine. Yes. Is would you accept a friendly amendment to your motion? Yes, I would. Uh, and council member Weatherbe, would you agree with that? Okay. Uh, Rick, for clarification for staff, is that something you want us to bring back to council with that resolution or do you want staff to approve that as part of construction? Is st is it, let me rephrase that. Is it acceptable for staff to verify that? Yes. Yes. Yes. Absolutely. And we're not trying to dictate the solution, just sir. That there is one. Okay. Okay. Thank you.

Uh now the motion is on the floor and seconded. I do uh I hear eyes.

All in favor? All opposed? The motion passes with the conditions. We're going to move now to uh 8B and it is the U I'm going to close that public hearing at 4:01 Tuesday and it's for the two garden homes uh off of Bay West in the Rudd property and I would be more than happy to um accept accept a motion on that.

I move to approve the cut and fill variance request for the Cap Rock Thunder Cloud development with the following conditions. All outstanding comments from staff, including those from the engineering team must be met and cleared before the variance will be issued by staff. There will be no parking on the Bay West Boulevard, Diamond Hill, or any other public street during construction. and also is applies to the caprock overflow for a def definitive solution on that motion is made by council member Morgan. Do I have a second? Second. Second by council member Fetchner. All in favor?

I I

All opposed. The motion passes with the conditions. Thank you. Moving now to uh our business section. We have first of all uh resolution 2026-10. Our uh city manager Jeff Costa is going to present that. Yes, council mayor. Thank you for for considering this. Um the city is always looking for ways to improve the security within the city. Um, last year when we were doing budgeting, one of the things the police chief considered was cameras that are watching our exits and entries into the city to to ensure that we had a way to if there was a crime committed that there there would be a way to to maybe track down folks that that were traveling during that time period. It could have been part of the the crime. And so we looked into some um some camera systems that would do that. We found one that worked really well for what we're looking at. And um so we had to work with Tech Stock to uh to allow us to put those cameras within the some of Texto's rideways. Two places that that would be in one with the east side of the city. We're coming in on 1431 coming in from the east side of the city and one at the exit which would be on 1431 on the west side of the city on the rightways there. And then we have one other camera that will be on Summer Rock Boulevard which is the last exit out of the city. Uh one other was Clayton Nolan, but that's a gated uh area and and it's got camera systems I believe that the resort is put up and you have to have an access to get in and out of there. So uh to to do this we needed to work with text dot to be able to put these cameras in there right away. They required us to provide a u a

resolution which is attached. Um the only thing about that resolution it says that it um in one of the whereases the the um the third whereas it talks about the the having the the city of Horseshoe Bay finds that the public interest to authorize the chief of police to sign the multi-use agreement. I wanted to change that to the uh the city manager since I'm here in uh the city uh police chief is on vacation right now so we can get that resolved.

So what that's what I'm looking to do is to resolve the um get the resolution passed and that allows me to sign the contract to with the text dot and the uh flock uh camera system to be move forwards with the project. This is a this is a great addition for our city. Yes. Actually,

uh I was questioning the other day about it and we had a a theft uh somewhere here in Horseshoe Bay and they fleed the area. We didn't have cameras, but we had some type of agreement with Marble Falls. We found the vehicle up there and but through their cameras we shared information. We got them. So we're now going to be able to share information with other other folks uh as well. So I think it's a great addition. So any other questions for Mr. Costa? Not to be confused with the

Thank you. Not to be confused with the uh cameras they had in cities that would check people going through red lights and this and that and the other and they would issue tickets. This is not that. This is this is the cameras that they will be able to recognize um uh license plate numbers but but they're not for speeding or any other purpose other than just to watch our city boundaries. I wasn't concerned about I was concerned about Jeff. Okay. Yes, sir. Paul, you heard that. Okay. Any other questions? Thank you, Mrs. Kaska. Uh, I'll entertain a motion.

I move to approve resolution number 2026-10 authorizing a multi multipleuse agreement between the city of Horseshoe Bay and Texot. Motion made by Mr. Weatherbe. Do I have a second? Second. Second by Mr. Morgan. All in favor? I I. All against and the eyes have it. Thank you, sir.

Thank you very much. It passes. Our next item of business is the proposed budget calendar for adopting fiscal year 2027 budget. Uh Molly, are you giving us that? Good afternoon, mayor and city council. It's Molly Jester. And in your packet on page 48, staff has drafted a budget calendar for adopting the fisc year 27 budget. This calendar is preliminary draft and may be changed if needed. So, it is the one on page 49 is the one we'll be following. There any questions? I I had a question. What's the difference between page 49 and page 50?

You look up at the top under the draft um in red. One of them assumes the tax rate does not exceed the voter approval rate, which is what the city normally adopts and assuming that will be adopted uh versus it does exceed the voter approval rate.

Any other questions for Molly? Uh okay. This does does this require a it doesn't require vote, I don't think. Okay. Thank you, Molly. Our next item of business is uh approval of the city manager to complete final negotiations for a contract for service uh with the city of Cottonwood Shores. That's going to be Doug Fowler. Chief Fowler. Good afternoon, Mayor and Council. Doug Fowler, fire chief. Uh we've been working on this project for about 18 months and uh essentially waiting on Cottonwood Shores to do their due diligence uh because they were in a difficult situation with a volunteer fire department that uh was not functioning anymore and uh so they did what they needed to do and then they uh reached out for an agreement and uh that is what you have before you. So it's approximately three years. There's stipulations in the contract that uh uh after a year they have to identify a fire chief. After two years they need to have staff that they're training up so that way by the end of three years they are a functioning uh responding fire department.

I guess our question for you is are you are you happy with this uh compromise? Yes sir. Okay. Any other questions for Chief Fowler? I will entertain a motion on this. I move to authorize city manager Jeff Costsco to negotiate a firefighting service agreement with the city of Cottonwood Shores in a manner as presented by the staff. Motion by uh Miss Wadell. Do I hear a second? Second. Second by Mr. Fetchner. Any discussion? All in favor? I. All against the eyes have it.

Thank you, mayor. Thank you very much, Chief Fowler. Our um final item of business is going to be the presentation of findings of our preliminary engineering of two roundabouts on Highway 2147 to authorize the city manager to enter into an agreement. And and now there's Mr. Costa again. you going to introduce Manny? Yes, sir. Okay.

Yes, sir. Um, so just to give a little background to this, uh, for the last two to three years, we've been working on transportation with the transportation committee that the city created. And this is one of the top ones on the on the list uh, both in the survey that we took in the LUDAC and with the transportation committee survey is is transportation issues. And we found two intersections that were probably our heaviest traveled. Um, number one being the Bay West Boulevard and 2147, which is one of our target uh roundabouts for that. And then the other one at Horseshy Bay Boulevard and uh 2147. So we started this process back in October. Uh we we uh entered into agreement with Kimberly Horn Engineering who helped write the specbook for textbox for the new roundabouts which is a new group that they created the last two years ago. And so uh we've been working with them on a preliminary engineering um for the last three months to come back with a what's called ICE document which is intersection control evaluation and not to be confused with ICE otherwise. uh and that was basically to look at the the the um two intersections as a what is the best option for them and and and that turned out to be the roundabouts being the best way and so uh we went through that and uh Manny Guzman is here to talk uh about the their findings and also to talk about the next step that we have which is to go to design at 30% and um that will take us to the 30% level will get us to the level where we will know where there's utility conflicts and we have to kind of take a pause there and get those conflicts out of the way before we can finalize the design and finish that that can work parallel. But those are some important things and and also uh if we have property that we need to acquire

for easements in there as well. So that'll take us that point and then after that we'll we'll do the final design construction and move forwards with that. So I'm going to introduce Mr. Guzman here. Let's see. There you go. This button go forwards. Okay, sounds good.

Uh, good afternoon, Ma Mayor and council members. Thanks for having me today. My name is Manny Guzman. I'm a civil engineer with Kimley Horn. I, uh, predominantly work on roadway engineering and design. I'm also specialized in roundabout and alternative intersection design and I serve as a subject matter expert for text dots roundabout and alternative intersection design group. So, uh, excited to be here today to talk to you guys about these proposed roundabout intersections. So, just a quick agenda for what we're covering today. We're going to go through the project location, the purpose and need of the project, work that we've performed to date, the ICE intersection control evaluation, and then next steps. So, just quickly, our project location. We're proposing these roundabouts at the intersections of RM2147 and Bay West Boulevard and also Horseshoe Bay Boulevard shown in the red dots on the screen. And then just quickly going through the purpose and need of this project. The city of Horseshoe Bay is growing and we're going to anticipate that the minor road stops are going to fail in the future. So we want to select an intersection alternative that is going to be able to handle that future traffic growth. In addition, as the traffic growth increases along RM 2147, the crash frequency will also increase. So, we want to pick an intersection that is going to improve safety and reduce future crashes, too. We also want to traffic calm the corridor. We don't want the RM 2147 to become a cutthrough for large trucks or other vehicles moving within from Marble Falls to RM or to 71. And then we also want to maintain access and mobility for residents. There's a lot of golf carts that are crossing the road there. So, we want to make sure they're able to do that safely. And then finally, we want to use that as an opportunity to enhance the visual appeal of the corridor. We're going to have opportunities for landscaping and make it more beautiful for the residents and the visitors to shoe bay.

So, why are we proposing roundabouts? How is that going to solve our purpose and need? Roundabouts have been studied to show a 90% reduction in fatal and injury crashes. Uh they also slower vehicle speeds. So we expect drivers to navigate through a roundabout at 25 miles an hour or less. So as they're moving through the corridor, they're going to have to slow down. They also improve operational performance. We did a study and our traffic operations showed that we expect the roundabout intersections to work until the design year that is 2045 and then into the future as well. They're resilient, so if you have a power outage, they're going to continue to work as if you have a traffic signal, it's going to not function if the power goes out. They are great placemaking opportunities. So, they have a large central island where you can put in landscaping or architecture as well. Has to be breakaway and approved by Texot, though. And then finally, it was identified in the city transportation plan 2025 as a preferred intersection improvement there by uh the city constituents. So shown here is just a fact sheet about the concept of conflict points. And this is why roundabouts are safer. Uh what are conflict points? That's points in an intersection where traffic crosses the the path of another vehicle and that results in a uh an accident or it's a potential accident area. So there's three kinds of them. Crossing conflicts, merging, and diverging. The most dangerous conflict points are going to be the crossing conflicts. So next I want to bring your attention to that figure in the bottom left corner. So you can see a conventional intersection on the left and a roundabout on the right. The conventional intersection has 32 conflict points with the most dangerous kind, the crossing conflicts, all centered in the center of the intersection, whereas a roundabout spreads those out and only has eight conflict points. So this is just another lens where you can see where the improved safety comes from with roundabout intersections.

On the right is just another chart showing the amount of different conflict points for each intersection type. And you can see see that roundabouts have the lowest amount of conflict points. Now, just a general overview of the two existing intersections. On the left, you can see the Bay West Boulevard intersection with RM2147. On the north side, there's a large rock wall. There's some architectural features. On the southeast side, there's going to be a bank and there's some driveways and access that we have to be concerned with. And on the west leg, there's some guardrail, so there are some steeper slopes, too. On the right side, we're constrained by ponds in every corner. And that's the Horseshoe Bay Boulevard on the right side as well. So our findings with the ICE study, the intersection control evaluation study following Texar criteria told us that roundabouts would be the safest intersection type that would also meet future traffic demand. So therefore, it was a recommendation from the report. So shown here is a concept of the Baywest Boulevard roundabout. This is still very preliminary and is going through evaluation and vetting with the text dot and the city. So, the driveway locations might change, but it's going to be a really good illustration of what this will probably look like because there's not a lot of flexibility to move it. The planning level opinion of probable cost came out to 2.6 million for this intersection with the pavement limits shown. I'm going to go on to the next intersection. So, shown here is the Horseshoe Bay Boulevard intersection. Again, not a lot of room to move it at all, but it gives you a good illustration of what this intersection might look like. And it's also going through evaluation and vetting with text as well. So, the planning level opinion of total probable cost came out to $3.2 million for this intersection.

And now we can go through next steps. So shown here is a really high level diagram or schedule of what we are anticipating for the development of this project. Right now we're currently in the intersection control and feasibility study phase of our project. We started that back in October and we're pretty much done with it. We're just waiting for final approval from TexOT and then the signing of the advanced funding agreement with TexOT as well. We anticipate that to be finished this month or the next. Next, the reason we're here today is to start the preliminary engineering and environmental analysis phase of the project. So, we're going to do that for both intersections, Horseshoe Bay and Bay West Boulevard. And we're looking to begin that as soon as we finish the intersection control evaluation and feasibility study. After that's complete, we're going to go into plan, specifications, and estimates. So, that would kick off near the beginning of 2027 or near the end of 2026, and it would take us until the end of 2027. That'll allow us to gather up our construction documents and then uh progress the project along the text project delivery process. Concurrently with the PSN, we would begin the ride-of-way coordination following the preliminary engineering and environmental analysis. So that would be beginning in Q4 of 2026 and then wrapping up during PSN as well. And then kind of our largest critical path item is going to be the utility coordination and relocations. We want to start that as early as possible. We're contracted and scoping for it to begin in this next phase, the preliminary engineering and environmental analysis, which is what we're looking for approval for today. And then we're going to try to do it as quickly as we can and uh get ahead of it because that's really what's going to kind of gum up the project. And it's going to continue through to PSN. And then we're going to have to actually get the utilities providers to relocate all those utilities prior to starting construction. And then finally, biz bid phase and construction services. We're expecting that to begin immediately

after the relocation of the utilities. And Texot has voiced that they want to be involved in the construction of that as well. So we would expect that to kick off in Q3 of 2028 and then wrap up in Q3 of 2029. And then shown here is the executive summary of just what our contract entails. So we have project administration and coordination. That's just us meeting with the city, meeting with Texot, making sure that we're coordinating and getting everything done properly in time. The environmental services. So we are scoped for both intersections. We're going to do environmental services for them. Get the categorical exclusion with NEPA. We currently are scoped for public involvement services, but I know that a lot of public involvement service has been done already. So there is potential to uh maybe remove a little bit of that scope if we if we can. But we have to coordinate with text on it. The schematic schematic design services are going to be us actually putting pen to paper and doing design based off of topographic survey and making sure that everything can work and moving the project forward. Drainage design services. We're going to look at existing and proposed drainage, figure out where inlets need to go, make sure that everything will drain and not flood your city. And then landscape architecture. We have a couple renderings that we can put together for those roundabouts to make sure that the city is able to see what these final roundabout concepts will look like. And uh the other services survey, subservice utility engineering, utility coordination engineering, and geotechnical investigation are really just more front-end tasks that we have to get done to begin the process. and uh utility coordination engineering to hit on that a little bit more. We're going to begin the coordination, but that's also going to have to go into the PSN phase as well to make sure the relocations can happen. So, it's a lot of text and probably difficult to read, but a brief summary of the process that we have uh in front

of you guys. So, with that being said, we can continue on to services that are not included in the agreement. So this is just for the schematic and environmental clearance of the Horseshoe Bay and the Bay West Boulevard intersection. We would have to get another contract amendment to do the final design, the PSNE. Uh bidding and construction services that would also come later as well. Right-of-way acquisition services that would occur during final design. Utility relocation design if the providers require us to provide them with a relocation design. That is something we'd have to scope for too. And then um the other three options are more final design requirements for environmental analysis. So the total contract is coming out to $422,00024 $422,246.91 to move forward the 30% of design phase. Any questions?

Is the only thing that we can possibly strip out of that would be the uh community involvement uh 36,000. Yeah. Am I able to go back?

Yes. What what we're looking at is is one we need to check with since Tex is so involved in it, make sure there's not more requirements than than we expect. But I do believe uh because we've done several public meetings and we've done surveys and we seem to have a really solid um you know policies impact from the citizens that we could try to reduce that. So that is our intention to try to reduce it down but we don't want to trip that wire and then find out later that we have to come back and and ex expand it. So, what I'm recommended is that approved to allow the city manager to to approve the contract once we kind of verify what those numbers are going to be. If it is going to be a lower number, which we hope, that would be great, then then we could sign a lower number, then I would bring bring it back and let y'all know that that's what we did sign at the next council meeting. But I could sign it in in the length time after we find that out.

Okay. Any other questions? Got a couple. That's all right. Um, what do you see as the greatest potential risk or impediment in moving forward?

Yeah, that's a great question. It's going to be the utility coordination. So, Horseshoe Bay Boulevard has a major a couple major utilities in the medians and on that southeast quadrant. So, we really want to get in front of them and coordinate getting those moved quickly. that would kind of represent what we've experienced in the past in terms of digging around on the granite and trying to get things moved and relocated. The other question I'll ask you is one I always got asked when I ran projects. Um I know there's a lot of interest for this in our community. Anything we can do to help accelerate the entire timeline?

Uh I don't have anything to mind yet, but I think as we progress the project further, I can definitely communicate those things to Jeff and then he could share them with the group. We we'd be glad to help any way we can. It's it's something we're all very interested in. Yeah. Awesome. Thanks. Any other questions from Manny? The agreement 422 246. Is that a guaranteed max or is that just an estimate? Oh, let's go there. Uh shown here. Yes. Yeah, that is the the maximum for the contract. Well, it's 30% of the of the design phase.

Yeah. Yeah. And it's it's a lump sum contract. So, it would be um you wouldn't get like hourly. It's not time and materials. This is actually already budgeted as I recall. Correct. Yeah. We we didn't quite budget this month, so we'll go back. But we do have reserve in the uh transportation line item for that purpose. So we'll just go back and and and do and do a budget amendment for that. Okay. In the future, we have 400,000 in the budget, I believe. So that would be a little bit overage. Yes, sir.

Is this the phase for I think in your formal document you sent us that y'all would also try to help us find if there are any funds available in the future. Is this a phase where we would do that or is that

uh we we've already done that grant services analysis and due to the nature of how they give grants u they mostly are reactive they're not proactive so because there's not an existing crash issue at the subject intersections it's not very competitive for grant funding so we have done that analysis and we have a rubric I could share with you all but uh at the time we didn't think it was it didn't come out as a very competitive project they usually want to service places where crashes have already occurred. Y'all get busy out there. Police chief's not a good problem to have. I'd say I love Wait till we have a catastrophe and then we'll then we'll fund it.

Okay. Any other questions? Okay, I'll entertain a motion then. Mayor and council, I would recommend that you um alter the motion that's recommended by staff to allow the city manager to negotiate and execute the professional service agreement with Kimberly Horn and Associates in amount of $422,246.97 um based on the presentation because it gives the manager some leeway to reduce that um 36,000 based on the um information he might find out from text dot.

How is that different toy than the the last phrase? And to authorize the city manager to execute the contract as presented by it didn't include negotiate. Oh, okay. Negotiate and execute. Yeah, negotiate based on the presentation. Based on the presentation. Yeah. Okay. Okay, I'll entertain a motion then with that language in it.

I move to approve a professional services agreement with Kimberly Horn and Associates, Inc. with the city manager having the ability to negotiate uh the final price for the 30% design phase of the two roundabout improvement projects that as presented today are in the amount of $422,246.91 and to authorize city manager to execute the contract as negotiated and presented by staff. Uh motion by Mr. Fetchner. Do I have a second? Second. Second by Mr. Weatherbe. All in favor?

All against. The eyes have it. Motion passes. Awesome. Thank you very much. Thank you, Manny. We're looking forward to this. We're going to now move to the consent agenda. First thing I want to ask is, is there anyone who uh has looked at the consent agenda and would like to pull anything off for discussion? I assume by your silence that's a no. And uh does would I entertain a motion to approve the consent agenda?

I move to approve. I move to approve amendment consent agenda. Wait a minute. Where am I? Consent agenda. This one supposed to be on page 96, isn't it? I think you just move to just just just make a say. Yeah. Um I move to approve the consent agenda as presented.

Motion by Mr. Weatherbe. Second. Second, second by Miss Wadell. All in favor? I. All against. Motion passes. Consent agenda is approved. Uh we move now to monthly reports. And uh first thing I'll ask uh Jeff Costa, our city manager. Do you have any monthly reports you'd like to present? Yes. Yes, sir. I'd like uh Tim Fan, our public works director, to come and talk about Berkeley's Bridge um and the completion of that coming up and a couple other things with road improvements and signage within the park. Good.

Good afternoon, Mayor and Council. Happy to say that Berkeley's Bridge is complete uh minus the plaque. We have the plaque in our office. Uh we had the company that manufactured the stand come out and do all the measurings. They measured to the outside and didn't leave room for the plaque to slide in. So, they are going to come back now that it's concreted into the ground and make the necessary repairs uh before we can put it in. So, we should they're on spring break this week. Uh so, it should be done next week. Uh with that said, all of the stands are being manufactured right now for all the trails. So, uh same issue. I don't know yet. They came out and measured uh the PLA or the granite pieces. So, as soon as they get back, we're going to make sure that they uh make them accordingly to the uh to the size. We are paving, we began paving Mountain Dew today uh where we uh the road that wouldn't qualify, that didn't qualify. The extra paving that we did, uh we started that today that once the weather picked up uh you know got up above freezing. So, that's underway. We've got a lot of projects going on as you see out front when you came in. Uh, Mayor Lambert's uh tribute to him. We're relocating it down here. We made a new place for that. And also, Mayor Klein Smith's bench is in the process of being manufactured as well.

Hey, Tim, thanks for all your help. Uh, that that trail is is awesome and it's it's looking better and better each day. U and uh I just I really appreciate it. You're welcome, sir. Any other questions? Anybody else have any questions for Tim? Okay. Thank you. And Bay West Boulevard looks great, too, with the new signs. Yes. Yeah. down. Well, the the uh whatever we've decided to call those things on the pathway buttons. Buttons. Yes. Yes. Those are fabulous. They are.

And we were driving, my wife and I were driving home the other night and man, you can see that so clearly. Uh even at night with your lights, it's really really huge. Hopefully, we don't have a lot of people walking at night, but if they are, they should be. Hey, well, they'll be safe because they can be seen. Awesome. Glad you all are happy. No, it really brings a lot of attention to it. I think it's a real improvement. And we did put up the share of the road signs if you haven't noticed those. And you better I did see I did see that. You better do it, too. Okay. Uh Mr. Costco, ju just one other thing. It's more under uh committees. Um I think Rick added a little report quickly on the impact fee committee. Oh, good. Yeah.

Yes. Uh mayor council. So, as you know, this year we budgeted to uh update our impact fee ordinance or capital improvement advisory committee. Uh so, y'all uh accepted the members and seated that committee a couple months ago. They have met once or twice, just the first meeting. Yep. So, they've they've met the first time to get the impact fee 101, which Grady Reid with HDR puts on. Uh it's not terribly interesting, but he does a very good job of presenting it. So, uh, the committee members, uh, the state legislature changed the rules a little bit this year. Previously, we've we've had that committee was the planning and zoning plus a member of the ETJ. State legislature no longer allows that. So, it is completely made up of members of the community engaged in either real estate, development, etc. We have a couple of civil engineers that serve on it. So, some subject matter experts that have gone through that process. Now, uh it'll be a couple months likely, but they will have a a report that they'll present to you, uh at some point in in the next couple of months, uh updating what what are impact fees, what they're suggesting they should be. U Do you all have any questions about impact fees? Do you'all understand that or do you want me to describe it or a brief?

Well, I I had a question. Do you do you go to each meeting or are they meeting by themselves? Uh a staff member does. I attended the first one. Uh Rey is the staff leaison for it. I will likely attend when they get to the final presentation, but yes, we do have a staff member. Anybody else? Thanks, Rick. Mr. Costa, anything else? No, sir. That's it.

Do any of our uh council members have any liaison reports that they'd like to make? I will say that the departments are have expressed a sincere appreciation for the involvement of the council with their departments. Uh they feel like it's uh increased communication and uh increased voice to the city as well. So thank you. Thank you all for participating in that. So, if nobody has that, uh we are now going to uh enter into executive session. Uh y'all can stay right where you are if you want to because we have our own room back here. Uh our executive session is uh pursuant to section 551.071 071 consultation with attorney uh concerning coffee versus city of Bernett, city of Horseshoe Bay, Justin Ornialis, and Austin Barrett McKenzie. Case number 126 CV47 ADA DH pending in the U. United States District Court, Western District of Texas, Austin Division. Uh so we will now go into executive session at 4:37 and uh the council will meet in the executive uh conference room here and you're free to stay if you'd like. We'll or leave cake is there too.

Okay. We're going to reconvene at 502 for an executive session. No uh action was taken in executive session and uh if there's no uh disagreement I will adjourn us today at 503. Good for you. We are adjourned. All right. Mhm.