City Council - Regular Meeting

Okay, it's three o'clock and we are ready to  begin. Welcome here to the city of Horseshoe Bay   uh city council November 10th and uh I am  Jeff Jones. I'm going to be the mayor pro   Tim for about three minutes and then we're going  to have some swearing in that that uh occurs from   our municipal judge, Judge Madison, who I'm glad  to see is here today. Uh, and as we typically do,   uh, I'm going to ask that our invocation be  given by, uh, Jean Glazer, I believe it is. Dear Father, thank you so much for the  wonderful cool day that makes us quickly   forget about summer. Thank you so much for the  change of seasons and for it just the way it   continues to remind us of the way you're in  control of this universe. You're in control   of of your will and things being accomplished.  We thank you so much for city government like we   get to experience today and for these people  serving their time and abilities in a way to   help this community to thrive and to prosper.  We pray, Father, that you'll continue to give   them wisdom and discernment in the decisions  that they make that they'll be ones that will   bring glory and honor to you. We thank you  so much for the opportunity to live in this   beautiful area and we thank you so much for  your son. Through his name we pray. Amen. Amen. America

stands nationy for all. Honor flaggod one and indivisible. Okay. We uh I I wanted to remind everyone  that if you intend to speak today on a matter,   you need to sign in. And when we do speak, we're  going to uh because of time limitations, limit   everyone except for applicants of course to three  minutes and we'll let you know when that three   minutes is up and we will uh uh do that only if  you've signed up. So if it's on the agenda item,   I am going to wait till we get to the agenda item  to allow you to speak. Otherwise, you can speak   on anything that pertains to the community  uh during our uh uh public comment section,   which will be coming in just a few minutes. And  uh the first item of business we have is the   swearing in of new candidates, elected officials.  And Judge Madison is going to uh do that. Or do   you have a list of which ones you want to do  first, Judge Madison? All right. All right. I will Texas.

laws of the United States of United States. [Applause] Thanks for all your contrib [Laughter] Thankfully, the office of the United States. [Applause] One of those graduates.

[Applause] [Applause]   and Judge Madison, we want to thank you for  for being with us today and and gracing us   with your presence and you're swearing in.  I appreciate it. Thank you, sir. Thank you,   sir. Uh our our uh second item of uh  announcements is for a staff recognition.   And Jeff, are you going to do that or  Yes, sir. Yes, sir. Uh it's my honor to   uh introduce Officer Jacob Noles. He comes to  us from the Leno County Sheriff's Department   office where he served Lo County for nearly  five years. He has a bachelor degree in   behavioral science and has an intermediate peace  officer certification with the Texas Commission   of Law Enforcement. Jacob lives in the town of  Marble Falls. Thank you for joining us, Jacob. Jacob, welcome. Congratulations. And  you're with a a good group of guys over   there. Thank you for Thank you for protecting  us. Now you have to learn the streets. Yeah,   you live on high there or hello. All right. Uh we  want to uh now go to uh our public comment section   which is your opportunity to uh present anything  that uh is on your heart or gives you heartburn,   one of the two. And it's going to be limited to  three minutes. If you're on the agenda items,  

which I think everybody is, then we're not  uh we're going to take you when we get to the   agenda items. So, I don't see anybody on public  comment unless they failed to sign this. Okay.   We're going to go on now to u our u information  for presentations. And we have some presentation   by some applicants for two of our boards, the  board of uh uh adjustment and the uh PNZ board,   I believe. Yes. Uh Bear, this is our uh annual  process of uh selecting folks for our committees   and these two committees, PNZ and board of  adjustments has some positions open. So,   we have some candidates that came in. Uh  there's no action for the council today.   uh we will do that in the December meeting  in December 9th. And so this is gives the   opportunity of the applicants to uh come  and present their case of why they wanted   to be on the board and uh the council to hear  them and ask questions. Great. Thank you very   much. The first one we have is Sam Lee who is  our board uh our uh PNZ applicant. Mr. Lee, mayor. Council members, I didn't realize all these  people were going to turn out just to hear me   speak. I guess I am here to apply for a two-year  term on the planning and zoning commission. I'm a   resident of Horseshoe Bay and a PR practicing  estate planning and probate attorney with an   office on 2147. For the last three years, I've  served on the planning and zoning commission. Uh   the first year that I served was because someone  dropped off and so I took care of the remainder  

of their one-year term and then I served a  full two-year term and I served as chairman   during those two years. Uh I can tell you that  the last three years have been very enjoyable.   Uh it's been uh very educational. It's been  a great opportunity to get to know some of   the builders and developers and to see some of  the things that come before planning and zoning   before they come to you. And I think everyone  that's on the planning and zoning commission   understands that we're basically a screening  process so that we give you some idea if there   are any problems of the things that come before  us. If we pass it, then that's a good thing.   If we don't or we raise a lot of questions  or there's a great deal of discussion,   then that kind of tells you that maybe you need  to look into it a little bit further. But, uh, if,   uh, if I'm, first of all, I didn't think that I  was going to be able to apply for another two-year   term because I was told that you can only have two  different terms. And because I served one year,   I thought that would apply against me. And  then I was told that it didn't. And so,   that's why I'm applying again for another two-year  term. Uh if I am not approved, I just want to say   that I've really enjoyed being on the commission  for the last three years. Uh as I said, it's been   very educational and uh and I've learned a lot.  And I want to make sure that I I thank Sandra Nash  

uh I think she was in here. There you are,  Sandra. Sandra and everybody with the city does   a fantastic job of bringing to us the information  that we have to have to decide on the things that   come before us and we really appreciate them.  If I am accept accepted for another two years,   I will assure you of every effort uh to do the  job that planning and zoning is supposed to do   and to do it in the best manner possible. Uh  I'm happy to answer any questions if any of   you have one. Thank you for your service so  far, Sam. Thank you very much, Sam. Thank you   very much. I've I've been to several uh of of  the meetings that Sam has presided in and I'm   going to tell you these folks, they're they're  just like us. They're just uh uh volunteers,   but they gum shoe what they're doing and they  bring us the facts and we really appreciate it.   Uh and most of them are graduates of our citizens  academy. they see how the the city runs and it it   means a whole lot to the city and to us for you to  do your service and we appreciate you. Well, thank   you very much. Thank you, Sam. And for uh for uh  planning and zoning, we also have Willie Rangers. I know. I know. And somebody called you Rinder the  other day. Is that correct, too? That's correct.   Wow. So, it's it's really Rinders. It is really  Rinders. Okay, I'm gonna remember that. Good   afternoon, everyone. My name is Willie Rinders.  In December, I'm Willie Reindeers. Okay, so before   I get into my uh few words, I wanted to kind of  hitchhike on the the fact of my last name. Many  

years ago, during my misspent youth, uh I lived  for five years in Alaska. And when I first showed   up to work in Alaska, the man that picked me up  at the air back at the uh airport in Fairbanks,   I introduced him to myself to him and he said,  "Son, there are no reindeers in Alaska. From   now on, you're going to be Willie Caribou." So, so  for five years, I was Willie Caribou. Now, that I   will hold against you if you carry that forward.  Um, thank you all to the mayor, to the council,   to all the staff that are represented here. Uh,  thank you for being here and for allowing me some   time to kind of reintroduce myself. I've lived  in Horseshoe Bay now for five years. I've been   retired for 15 and spent the prior years uh in  Sunrise Beach on the other side of the lake. So,   we moved to the south side of the lake five years  ago and I was involved with u city politics and   planning and zoning in Sunrise Beach. And as soon  as I was able to find a way of entering that same   uh regime within Horseshoe Bay, I took it. And it  began with some committee work. I spent some time   on the board of adjustment. I spent time with the  land use and development committee. Um, and I have   been active on planning and zoning for the past  year and I would like very much to continue that.   I I enjoy the role. As Sam said, I really could  have walked up and just said ditto to what he said   because he did a really good job of summarizing  where I feel that I am with regard to the city and   this role. I thank you all for the opportunity  and I do hope you see fit to let me continue  

to struggle my way forward. Willie, thank you so  much for serving our city and for coming up today.   Uh we also have board of adjustments uh applicant  and it's going to be Michael Applebee who has been   an alternate and there is at least one opening I  think maybe maybe more than one but Michael give   us uh your your lowdown. Okay. Thank you mayor.  Thank you council members for allowing me to be   here. Um I've served for the last two years as an  alternate member on the board of adjustment. Um,   and I'm looking to serve as a regular member on  the board of adjustments. Uh, my wife and I have   lived here in Horseshy Bay now for four years, but  we've been visiting here for approximately 18 with   my in-laws retiring here from Memphis, Tennessee.  So, Horseshy Bay has had a big place in our heart   for a long time, and I've appreciated the role as  an alternate on the board of adjustment to date.   Um, but would like to be more actively involved  in that, and I think this is a good role for me   to help out with. It sure is. And I'd like to add  uh Michael that you are a uh graduate of Citizens   Academy with somebody up here, aren't you? I am  actually two of us up here. Two. Yeah. We had a   good time. We went to Citizens Academy with u Mr.  Morgan and and myself and we had a stellar class.   We had a very good class that year. Yeah. Any  questions for Mr. Applebee? Thank you. Appreciate   your time. Thank you very much. Appreciate it.  We're going to uh move now and and we're not going   to take action on this until next month because  we may have some additional applicants during the   period of time. So uh we've got your applications  and your resumes on on file and we will decide on   those uh at the appropriate time. So thank you  all for showing up. We're going to move now to  

our u I think Molly Jester uh fiscal year 2025  fourth quarter financial report. Molly, good   afternoon mayor and council. I do have a handout  for you in case you can't read your agenda packet. All right. So, the first page is the general fund  revenue analysis and this is for the entire fiscal   year 25. So, we're done. And if you look down at  the bottom, the total revenues for the general   fund, we exceeded our projections. So, that's a  great thing. And if you look just individually, we   either exceeded or we were down a little bit. And  that's it for the revenue for the general fund.   The next page is the expenditures. Again, it's a  complete year. And if you look down at the bottom,   we had 12 million actual, 17 million budgets.  So, we're at 70 almost 71%. And the main thing   is this bottom line right here are transfers.  They haven't been spent yet. And when I talk   about budget amendments carry forwards, that will  be expounded on. But good job on our expenditures.   You can tell if it went over it was just a little  bit or they were pretty much in the 90%. So great   job with the general fund. The next page is  our capital expenditures for the general fund.   And if you go down to the total for 743  actual to 903 budget, so we're at 82%. You  

will see this last line makes up the majority  of it. And that's basically our transportation   plan. And again, when I talk about carry  forward because we didn't spend it all,   um, this will be expounded on, but  again, good job for everyone involved. The utility fund revenue analysis again for  a full year. If you look down at the bottom,   our total is 18 million compared to 19  million. So, we're about at 94%. Revenue is   down a little bit, but when I turn the page,  you'll see expenditures are also down. So,   it's a net good. So, good job on the  utility fund revenue and expenditures. The next, even though it's tiny print, is all the  projects that are going on with the utility fund,   if you look down at the bottom, you'll see  some zeros or some low percents within the   building improvement, the sewer, and the water.  Again, these are projects that are multi-year,   and they'll be carried over. So, I'll  discuss that later in more detail. Next is our capital fund revenue. This is where  our bonds come in. We had a bond come in this   year. You look all the way down at the bottom for  the entire fiscal year about 7 million compared to   11 million. So we're at 58%. However, if you  look at this one line, it's kind of what is   making that go down so much. This is our transfer  general fund. And again, just anything that hasn't   come in yet. If you recall looking at the general  fund expenditures, there was a big variance. Um,  

these net to zero actually by the city. And again,  it'll be discussed when I talk about carrys. The last page is the capital fund expenditures. You look down at the bottom, we're 18 million  compared to 25 million. You can tell the city   center, our fire station, those are not complete  yet. Also, the transfers. So, again, it's a good   job done on the capital fund. So, overall, uh,  fiscal year 25 was very strong financially. uh   the revenues were either down a little bit but it  was offset by expenses being down and or revenue   exceeded. So it was an excellent job by all theart  the departments. I'd like for everyone to stand   up who worked on the budget for fiscal year 25  because you did a great job. Stand up. All right. All right. So, are there any questions?  Um, again, it was a good year. And,   um, and the way you explained this to  me, Molly, for the 10th time, actually,   is that most of these are simply, uh,  allocations that we've made for capital,   the big items for capital expenditures that  weren't completed in those years. And so,   you push them to the next year and the next  year and the next year. They've been allocated,   but they when They're not taken out until they're  expended. Correct. That is correct. You'll see   carry forwards in the budget and that's why you'll  see some of the line items, they're not at 100%.   They're going to be carry forward to fiscal year  26. Anybody else have any questions for Molly?

Molly, we're going to hear from you again in a  few minutes, so don't go anywhere. Okie dokie.   Okay. Pardon me, Mr. Mayor. Will you Excuse  my interruption, sir. Um, I missed the public   comments and I have a very important announcement  for the community. If you would just allow me   one moment, please. Uh, it is out of order,  but it's really important. I'm with the US   uh, small business federal government disaster  recovery team and we have a November 27 critical   deadline for the July flood survivors. And that's  really all I wanted to I love recovering from   disers. Give us that. I'm I'm gonna bend the  rules. Please excuse me kindly. Can you state   your name? The microphone. I will. Thank you so  much. Thank you so much. My name is Anita Steinson   and I'm with the US Small Business Administration  disaster recovery team and I'm here just simply   to take a moment to announce that the US Small  Business Administration has recovery resources   for homeowners which is a little different to  associate the Small Business Administration   with homeowners and renters as well as businesses  and nonprofits. And we have a critical deadline of   November 27th and that's coming up real soon uh  your honor and the community. And I did want to   let you know that your community is eligible and  that it doesn't need to be catastrophic damages   uh sir and to the community and that's what I'm  finding as I'm going around to communities. Your   house it doesn't need to be your house but god  forbid it was your home. even if it's just your   outbuildings and your landscaping. I spoke to  a woman uh this weekend. I was at a big event   for the uh North Lake Chamber of Commerce and a  woman told me that her entire yard was destroyed   and she had to build a retaining wall because  it was impacting the side of her foundation and  

she took out a loan for almost nine or 10%. And  now our loans are 2.1.8% 8% ladies and gentlemen   and that's for homeowners and renters and you are  eligible for that. That's physical damage. Thank   you very much. Why don't you leave it right there  and anybody who's interested can bring one up.   Thank you for Okay. Yes, sir. We're going to move  to uh public hearing now. And uh our first public   hearing is on uh consideration and recommendation  to the city council of an application for approval   of the Lake Church at Horseshoe Bay final uh  subdivision plat. And this is we've we've already   uh accepted the preliminary plat. and I'm going to  open the public hearing at 3:26 right now and Rick   Williams is going to give us the the lowdown on  this. Yes, sir. Thank you, Mayor. Uh Mayor Jones   council uh residents. Uh so what we have as the  mayor said, we have a request for final plat for   the Lake View Church as it's called. Sandra's with  me, so if I fumble something, if she pinches me,   you know I miss something. But uh so what this is,  this is pretty straightforward. It's a request for   approval of a final plat to accommodate the  development of Lake Church at Horseshoe Bay.   The church received zoning approval in November  of 2024 and board of adjustment relief in March   2025 to build a larger sanctuary than otherwise  permitted by the ordinance. Uh you'll notice in   the this is a little bit hard to read, but there  are three lots that I'm going to refer to. So,   lot two of the proposed development, this one  here, uh, includes a 29,490 foot church building   with sanctuary, fellowship hall, lobby,  classrooms, nurseries, office, kitchen,  

and 186 parking spaces. That is just shy of  7 acres. Uh, lot one includes the required   water quality improvements for phase one, phase  one, uh, plus future additional parking for 83   vehicles to be constructed as phase two. The  development also includes a private street   uh called Living Waterway ended ending in a fire  code compliant roundabout. The unusual property,   so this one does have a little bit of an unusual  circumstance. It has a lot three back here uh or   track three. So the unusual property configuration  with the intervening track 3 ensures compliance   with emergency vehicle access requirements and  subdivision regulations. What's interesting   about this? This is what we call locally as  the stonehouse track. It is addressed off of   uh 2147. When this plaque comes in, they had to  change their address and then they have to they   were landlocked. So there was a access easement  essentially provided access easement. All right.   I'm learning a little bit. Make sure I use the  right terminal. Where's the access easement? It   is down living waterway. So it ends here and  then this continues past the culde-sac. Yes,   sir. Yeah. I I believe you know the culde-sac  ends here and then this is their easement. They   were allowed to that. Uh so during the October  21st meeting of planning and zoning commission   this application was unanimously recommended for  approval with no additional conditions. Staff have   reviewed and approved the construction documents.  We have also received the fiscal security and form   of bond for the public improvements and confirmed  that the final plat meets the requirements for   approval. Uh I have the condition. I do believe  there's somebody from the applicant is here.   if council has questions for them. Okay.  Thank you, Rick. Uh for the applicant, Reverend Glazer,

be careful how you use that word. Uh we're  just so excited, as you can imagine. Uh we   just appreciate so much uh Sandra Nash  is going into disability on our behalf.   uh working so hard uh with all the city staff and  for Rick's stepping in, Jeff, uh our past mayor,   the whole city council. We're excited to have  this building constructed. We're excited for the   uh joint use that the community and the church can  have with this facility and uh we're excited about   those possibilities and uh just appreciate  the opportunity to have a place of worship   um for those who are seeking such. Right. our uh  civil engineers here if you have more specific   questions. Uh we probably don't, but I I do want  to say uh your elevation uh picture is was in our   packet. It's a beautiful looking building. Thank  you. Thank you. Very exciting. Really is. So yeah,   I'll go to that Rick if you can. I don't think we  have it in the slides. Oh, you don't? Okay. No,   sir. Well, I saw it. Sorry. Thank you  so much. All right. Uh so council,   y'all have any questions of U. the applicant  or of Rick. Just the only Rick, where is the   entrance on 2147? It is right here. It is roughly  equivalent to where it is now. Where the Stone   House is? Right in front of Stone House. Right  across from Bay Country. Okay. All right. That's   what I thought. All right. Thank you. Anybody  else? Okay. Okay, I'm going to close the   uh public hearing now at 3:30 and I'll entertain  a motion which I think is on page 16 uh for this.   I move to approve this final plat as presented by  the applicant and staff. Second. Motion to approve   by council member Morgan, second by council  member Oia. Any discussion on this? Okay. All  

in favor say I. I. All opposed? No. All right,  the eyes have it. Congratulations. Final plat. We're going to move now to a public hearing on  the consideration and recommendation to the city   council on application for approval of Silver Rock  preliminary plat if we can get Was that be you,   Rick? That'll be me again. Yes, sir. Stay  up there. I know. What do you got? Uh,   did you wanna Did you open the public hearing?  No, I did not, but thank you, Rick. Yes, sir. I'm   gonna open this public hearing at 3:31. Okay.  Thank you, mayor, council, residents. So, uh,   yeah, me again. So, with with Sandra out, I had to  do a lot of these in planning and zoning and this,   so I'm very glad she's back, but you'll hear  from me a little bit more today. So, the   applicant is Modern Homestead. They're requesting  consideration of their preliminary plat for the   abovementioned property. The request consists of  eight residential lots of roughly five acres each,   three commercial lots, and around 1,800 linear  feet of new private roadway. The original concept   plan was for 28 lots of about 1 acre in average.  That was in the original Silver Rock that we heard   sometime last year. The original preliminary  preliminary plat for this area was approved   in 2023 and consisted of single family lot and  three commercial lots to be subdivided later with   frontage along Highway 71. Uh this this current  request includes a minor change of the commercial   lot lines to accommodate the new private street  being added. The plan development agreement for   this subdivision has been amended to allow this  new access. So since it was a minor amendment,   it was able to be uh performed administratively.  This is the roadway we're referencing. So here's   the main loop and then this roadway will be added  in here. Where's the roadway again? right there.  

Okay. Right off the main loop. Yes, sir. Okay.  This is the Falcon track right there. Uh during   the October 21st meeting of planning and zoning  commission, this application was unanimously   recommended for approval with no additional  comments. Staff believes this request is in   the spirit of the intent for the subdivision and  meets the community's desire for less density and   larger single family lots. The LCA and text  stop permits have been approved and staff has   received no public objection to this request.  Staff is in support of this being recommended   for approval. Planning and zoning uh approved this  unanimously. Yes, sir. With no no comments. And uh   as the last one, the applicant is here as well if  you have questions. Okay. Uh does anybody have any   questions of Rick before we get to the applicant?  I do. Well, it's probably both Rick's. Uh when   will text not make the changes to the entrances.  That is a that's Rick. Can you state your name for   the record? Rick Town, Modern Homestead. There are  no changes. That's a maximum that entrance to the   Silver Rock Loop. The loop road is maximized  without a The only thing they could add is a   um stop light, but they're not going to  do it. I know that. But will there be a   turning right. Yeah, there's there is a del  lane into that main loop. Yes, that's what   I thought. I just want to confirm that. I  remember you said that the last time. Okay,   that's it. Rick, while you're up there, you want  to talk about it anymore? Uh, you know, it's just   one of those projects that I I really loved mainly  because they're large acreage lots. It's going to   be luxury ranchets, beautiful entryway with ponds  and fountains and cool stuff. So, uh, the more we,   you know, get into the infrastructure  and the amenities, I think when people,   as you go through that oasis of the trees, you  can't see anything. And then you come upon the,  

uh, the entrance to the project off to your left  and then up to the venue on the right. I think   it's just a great setting. I've seen it before in  other states, but it's rare. So, pretty excited   about it. And each one of these lots is about five  acres a piece, isn't it? Correct. Yes. Love that.   And they're beautiful. There's no there's no rock  under it. It's all lom. There's huge oak trees,   creeks, ponds. It's pretty cool. So, Right. Right.  Any other questions for Rick or Rick? Our Rick or   their Rick. Hey, Rick. Okay. Uh, then I am going  to close the public hearing at 3:35 on this and   entertain a motion. I move to approve this final  plat as presented by the applicant and staff. Okay. Uh motion by council member  Weatherbe, second by council,   I apologize. It's a preliminary plan.  That is a preliminary plan. I It is a   preliminary. Okay. Sorry. Okay. Want to change  your motion? Circle back around. Can you change   your motion? Uh so make it a preliminary.  Okay. I move to approve the preliminary plat   uh as presented by the applicant and staff.  Okay. Motion to approve the preliminary   plat by council member Weatherbe. Do I hear a  second? Second by council member Fetchner. Any   discussion? All in favor? I No. All right, it  passes. Congratulations. Thank you. Thanks for We're going to go now to the Oh, I'm going  to close this. I've already closed it,   haven't I? I'll close it again. Okay.  Uh we're g we're going to go now to the  

uh business portion of our agenda. And we are  going to first take up the uh annual appointment   of the mayor pro Tim. This is an appointment  that comes uh obviously once a year and uh   goes to someone who can fill in in the event the  mayor is uh incapacitated or out of the area. So,   um I wanted to uh to suggest uh my friend Mr.  Larry Morgan as the mayor pro Tim. It will take   a a motion and a and a vote by the council,  but he's uh been on the council now for over   two years. He is a CPA and uh he can certainly  help me with understanding the budget, I'm sure.   Uh he's a liazison for the police and the fire  and for the financial uh with Molly as well. So,   he's a busy guy and u I would like somebody to  make a motion that we accept Mr. Morgan as our   mayor prom. I move to appoint council member Larry  Morgan as mayor pro Tim. Motion uh to accept by   uh council member Fetchner. Do I hear a  second? Second. Second by council member   Wadell. Uh any discussion? All in favor say  I. I. All no. No. Okay. Congratulations, sir. All right. Uh we are now going to um have our  annual appointment of two council members. Are you   going to handle that for us? Yes, sir. I was going  to read out um in January 2018, the city council  

created a subcommittee named public funds for  purposes. A subcommittee which given the task of   reviewing each request for funding received by the  city from outside entities. Each year in November,   two council members are appointed to one-year  terms to serve on the subcommittees. Currently,   Elaine Wadell, council member, and Larry Morgan  are appointed on the subcommittee back in 19 or   1994, but 2024, sorry. So, it's up to y'all to  choose who would like to be on that committee. I   would suggest that we we uh dance with the person  that brings us to the dance because they've been   doing a great job on this. and they identify uh  needy uh areas that this uh can go to and they've   done a great job. So, I would suggest that we  keep council member Morgan and Wadell on this.   I'll second that. All right. All in favor? I You  make a I did. Yeah. You want a vote? Yes. Yes,   I vote yes. All right. Good. It's unanimous.  Thank you. Thank you all for serving. We're going   to move now to budget amendments. Molly Molly  Jester. Now we get into the weeds of this thing. All right. Good afternoon, Mayor and Council.  Again, I do have a handout that I gave y'all.   We're going to um approve ordinance 20262. It's  adopting the final budget amendments for fiscal   year 25. One of the first things that happens  when the auditors come in is they look at our   budget by line item to see if anything exceeded.  So at the end of the year, the finance department  

makes entries to ensure that all revenue and  expense budget amounts are higher than the   actual revenue and expense. in your attachment  or in your handout 36 through 43. Um there is   a column that's highlighted in yellow and that  represents the one in your packet, a trial balance   as of 10:27. The one I handed out is through  117 as we've made some year-end audit entries   since the packet. And just please note that we're  not completely done with audit entries. So there   could be additional entries that may come through,  but they should be just routine small adjustments. If you look at your handout, there's about five or six pages of literally  every general ledger account that's a revenue   or expense and looking at what we had through  117 and what our budget is and then doing a   budget amendment to where every budget item  exceeds actual. So, we're basically trueing   up budget and what we actually spent, right?  That is correct. And I just a clarification,   most of this is either $11 or $10 differentiation.  I just did a formula all the way down. Okay. Kind   of interesting. Any questions for U Molly?  Okay. I'll entertain a motion that we approve   uh 2026-01. It's on page 35  if anybody wants to make that. I move to approve ordinance 20 2601 approving  and adopting an amendment to all the budgeted  

funds for fiscal year beginning October 1st, 2024  and ending September 30th, 2025 as detailed in   exhibit A. We further recommend authorizing the  city manager and finance director to make any   additional routine budget amendments resulting  from the completion of the September year end   closing process. Motion by Council Member Morgan.  Do I have a second? Second. Council member Hosio   with a second. Any discussion? All in favor? I The  eyes have it. Uh it passes unanimously. Now we're   going to go to uh ordinance 2026-02 which is our  amendment to the budgeted funds for this fiscal   year. Correct. That is correct. So the first  budget amendments for fiscal year 26 staff is   recommending for the following funds. uh utility  fund, the general fund, the summit rock pit fund,   the court technology and security fund, the  impact fee fund, and the capital fund. Uh these   entries are necessary to, as I mentioned  in the financial statement presentation,   to carry forward amounts that haven't been spent  or received. And there are a couple of just fiscal   year 26 budget amendments um cost adjustments.  There's two exhibits A and B. And again,   this was based off of uh in your packet,  which is page 47 to 49, a trial balance   through 1027. The one I have handed out,  which is in big paper, um is through 11725. So, if you want to look at that, exhibit A.

Which one are we on now? First page. First page.  Exhibit A of the big handout. Got it. Okay. So, there's just a couple of true fiscal year 26  amendments that are not carried forwards and those   are on exhibit A. The first one is we bought  an excavator and we had a trade in trade in   of 20,000. So we just need to gross up the asset  the expenditure and report the gain on the trade   in so it nets to zero. The second one relates to  the police department had an anonymous donation   come in for a future employee police academy and  what is required will be spent for their uniforms   uh bullets and the training itself. Training in  what? The training. Okay. The next relates to our   our insurance with TML. If you recall, um, we did  a full-blown audit of all of our values, um, due   to the chemical accident. And that increased our  payment to TML by about 56,000. That's on lines 13   and 14. And when I pro discussed it in the August  26 workshop, there was an estimate about 60,000.   you should be aware of it. And then the next two  lines were workers comp came in under budget.   The last line is the Horseshoe Bay PoA. It is  currently over budget. If you look to the right in   the comments in column K, we are going to go with  their run rate for fiscal year 22, 23, 24, and 25  

of about 660,000 for the utility fund. For exhibit  A, it nets to about 40,000. For the general fund,   those are in blue. They net to about 42,000.  So, a total of 82,000 will affect this year's   budget and that will pull from surplus. There any  questions on just those? Just a statement. Um,   I think it's important to recognize that after the  chemical spill, uh, when we started pursuing the   insurance we found out that we were grossly under  paying for insurance. We did not have everything   that should have been identified identified. So  that's the reason for this big adjustment. Yes.   Yes. It's similar to what we do at our houses.  We insure them in 1990 and then don't look at   the values again until we have a loss in 2025 and  realize that we were grossly under underinsured   because we enjoyed the rate that we got back in  1990. So that's exactly what happened. Uh Molly,   does this take into consideration also the uh the  uh flood insurance that we talked about? That's   on a different line item. Yeah, that does not.  That'll be a separate discussion. Okay. Okay.   Um All right. Any other questions for Molly? Why  wouldn't our insurance person notify us that we're   under I mean my insurance guy never hesitates to  call and say, "You are underinsured. We're gonna   have to bump it up just to let you know." Okay.  Why isn't he looking out for our better? I'll   take a swag at that. Uh it was a case where They  increased insurance on what assets we had listed  

but did not we didn't list all the assets like  like generator pumps. I mean I've learned more   on this thing than I ever wanted to know but a lot  of it was stuff that we hadn't identified. Ray and   his team went through and did a complete audit.  That's right. All the stuff and half of it wasn't   insured ever. And also was also underinsured and  or either underinsured or not insured at all.   So, we've now corrected that. And going forward,  um, we need to make sure we have some, uh, process   in Yeah. in place to make sure that we have a an  audit, an internal audit every so often for new   new equipment that we get in. And that's right.  That's Molly's made aware of that. Everybody's   made that, right? Across the board. And that  was our uh kind of a wakeup call when we had our   uh accident and we started looking at some of the  things. There was a few things even though we had   them listed in the the total value. They really  required them to be line separate line items for   those. And so we had to argue with some of those  and we realized that that we weren't doing it in   the best way that we and so we took a lot of their  advice and had them come out and help us with the   audit and really kind of give us a lesson. And  it was a pretty common factor that most cities   go through the same thing and until they have a  disaster that and so we kind of put it on schedule   every five years. And we have a Molly. We have  a Molly. We do have a Molly. And we've got a I   want to give kudos also to Rey who explained that  to me that he literally took bolts apart he says   and looked at those to make sure they're they're  covered. So that's a really big item and and it   took a lot of manpower to do that. We appreciate  it. Well, our insurance jumped $56,000. At least  

we're insured. Yeah, that's right. Okay. Any other  questions for Molly? That's exhibit A. Exhibit   B is the next couple of pages, which is all the  carry forwards. I'm not going to go through every   one of them, but for instance, like in utilities,  um the Westwater plant engineering fees on line   11 through 13, the high zone transmission main  that's still going on, the transportation plan. Look at the next page. uh the city center that's  in lines 80 81 the fire station number two we've   got streets we've got seal coding all of those  are multi-year projects and so what we do is we   compare where the budget was for 25 and what  was spent and then that difference is carry   forward to fiscal year 26 all of these will  be supported by their beginning cash or fund   balance. It's kind of like your checking book.  You cut it off every year. You didn't spend   $10,000, but the next year you want to, you  better hope it's in your beginning cash,   but that is where it is. So, that's  the concept. It should all be covered. There any questions? It's a lot of information,  but Well, actually, I think you were kind enough   to meet with all of us at different times.  Uhhuh. explain this and and it helped quite   a bit. So I don't ask a bunch of questions.  So this isn't the first time we've heard it.   Yeah. Any other questions? I will entertain.  Are we done yet? Thank you. I will entertain  

a motion then on uh approving and adopting the  amendment to the budgeted funds for this fiscal   year. It's on page 52, I believe. No, it's on  page 46. I move to approve ordinance 2026-202 approving and adding an agreement to the budgeted  funds for the fiscal year beginning October 1st,   2025 and ending September 30th, 2026 as detailed  by exhibit A and B. We further recommend the city   manager and finance director make any additional  routine budget amendments resulting from the   completion of the September year end closing  process. Second motion by council member Morgan,   seconded by council member Hosia. Any discussion?  Uh all in favor vote I against no and the eyes   have it. Thank you, Molly. Uh, our next  item of business is the LOSA agreement,   which is the driveway to the new city center. And  Rick Williams is back. Yes, sir. Yeah, this one   I'm a little more comfortable with. So, uh, mayor,  council, as as the mayor alluded to, this is the,   uh, LOSA agreement, which it's in there. I  don't remember exactly what it stands for,   though. It's uh it's essentially an agreement  between the city and the state allowing us to   make improvements in the state rightway. Uh I  have the enclosures in in the packet as well.   One of them is the uh it shows the area of uh  2147 we're going to be doing the improvements   and it also has the cost estimate from our uh  from our contract engineer for that project.   This is essentially this is the turn lane, del  lanes, restriping and a little bit of pavement  

uh which adds up to plus or minus a4 million  dollars. Uh it is to facilitate the driveway   uh 42147 for the for the left turn  lane and del lanes essentially. Uh so if if y'all approve this today, well, let me  back up. So, y'all passed a resolution at the June   regular council meeting. Uh, that was to signify  the text dot that we intended to review and enter   into this agreement pending council action. Uh,  so that's why we have a followup to this. Now,   u at this time, if you don't have any questions,  we we recommend uh authorizing the mayor to sign   it pending review from the city attorney. It is a  text agreement. I don't know how much flexibility   we have, but they for disclosure, Borz has not  reviewed this yet. So I would recommend at least   look at is that part of your suggestion then that  we have city attorney take a look at it also. Yes   sir. And I I have that in my motion too. That's uh  and that's any contract we do if if the attorney   hasn't reviewed it. I would always suggest allow  them to look at it. So right. Um any questions for   Rick? Just a comment. Yes sir. So if it clarifies  anything, Rick, but according the document, LOSA   stands for local onsystem agreement. Yes, sir. And  I don't know if that clarified anything. It does.   I I did not for reasons unknown, I did not include  that in my staff report. So sorry about that. Any   others? Okay. I'll entertain a motion uh on page  52. I move to approve authorizing the mayor,   Jeff Jones, to execute this LOSA with text.  review and approval by the city attorney. Um,   got a motion by uh, council member Fetchner.  Do we have a second? Second. Second by council  

member Weatherbe. Any discussion? All in favor?  Vote I. All against? No. The eyes have it. You   got a lossa there, Rick. Congratulations. Okay,  let's move to uh item E, which is our request   for a variance in accordance with section  10.03.462 of the subdivision regulations   that limits cut and fill outside of certain  specific exceptions at RTOR's Ranch. And Rick,   you're up again. Again? Yes, sir. So, uh, I wrote  this is probably the longest staff report I've   written in a long time. I won't read it verbatim  to you, but I will go through the zones. Uh I also   learned a lesson from the last two slideshows.  So I printed the presentation for y'all. Uh so   you can see the legends better. And then we we  corrected the advancement. The applicant is is   here as well. Uh and the applicant's engineer  and legal advisor. So, uh, the RT RTOR ranch   preliminary subdivision plat was denied by the  Horseshoe Bay City Council in November 2024   due to non-compliance with limitations on the  maximum amount of cut and fill for grading. Uh,   we've had several submissions by the applicant  of uh different layouts for relief from that   ordinance. Since then, during the October regular  council meeting, council deferred action on this   item this past October uh to the November meeting  to allow the applicant to provide additional info   to the council to support their decision. I didn't  put all of that in the slideshow, but what they   provided is in the packet as well. Uh, so this the  the 11 by7 printout is just the slideshow, but the   other exhibits are in the packet. The applicant  chose to pursue a paper lot approach, which defers   responsibility for grading and clearing to future  property owners when they apply for individual   building permits. This was confirmed by our city  attorney to be a valid legal strategy. This would  

eliminate most of the immediate and excessive cut  and fill operations, basically those outside of   the rightway. Those building permits would instead  be subject to the applicable development standards   in place at the time that the permit was sought.  Meaning if y'all if that hypothetically occurs   three years from now that building permits are  pulled, it's the uh ordinance at the time that the   permit is pulled. So if something changes, they'd  be subject to those. Those future development   standards might also encourage consolidation of  smaller lots with severe topography to facilitate   compliance etc. Uh staff and elected officials  have recently met with the project engineer to   discuss challenges in topography and to provide  feedback to the design team of other similar sites   in the area. The applicant received that feedback  and provided updated exhibits to support their   assertion that compliant homes may be built in  this proposed subdivision with some limitations.   The applicant has also provided alternative  layouts that were considered during their   design phase to support how they came to the  current proposed layout. Those are in there.   I I think there's six of them total, plus or  minus six that are in there. Staff has met   with the applicant exhaustively at this point and  believes this the applicant's best proposed design   of the layouts that were provided. So again, you  go through the packet, there's about six, maybe   seven. Uh of those seven, this is I think the  best layout they've come up with. The applicant   has been responsive to the council, sorry, this  is two pages, which is not normal for me, request   to provide additional info requested and has met  with community residents regarding concerns with   the hiking trail and has made some headway in  public opinion in that regard. You'll remember   that from the previous council meeting, the Hill  Country Trekers. Uh if council elects to approve   this variant, staff would request the conditions  be included at the time of plat for a 15 foot   green belt adjacent to the creek side lots uh in  the building setbacks. And staff wants to remind   council this variance if approved would still  require reviews and approvals from the planning  

and zoning commission for the preliminary plat.  So planning and zoning then council. Then there's   a construction review with uh city staff that's  the DRC committee. and then they would go to final   plat which is PNZ and then council. So we we will  have if whatever y'all decide to do there will be   further review on this project. So you'll have any  questions do we want to go through the slideshow   or do you want to hear from the applicant? I I had  a question initially and that is um the because   we usually don't get paper lots. Yes sir. And so  we're we're kind of going backwards on this thing   in a way, but it seems as though perhaps uh if  if this uh this particular variance is approved,   there won't be any dirt moved whatsoever until we  settle the issue of the cut and fill for all of   the other lots. Am I right on that? Uh for the no  dirt will be mostly. So for for dirt to be moved,   they have to have a a DR what we call a DRC  major development permit. They have to so that   would be assuming y'all approve this, it would  go through preliminary plan with planning and   zoning and then with council then we do the actual  subdivision construction review where we review   in depth. They do plan and profile water lines,  sewer lines, power, roads, uh detention ponds,   etc. At that point, uh, we can issue a permit  provided they provide a fiscal security of a bond.   They could begin right away or what is more common  is they go to the final plant with that and then   they still bond. That that allows them in doing  that, it allows them to pre-sell while they're   building and then the city has fiscal security  on hand to ensure they complete the project. I   would I will just estimate uh that typically takes  six to nine months. from the time the preliminary  

plaque goes usually until they break ground is  pretty common. But the the variance before us then   would not necessarily allow any reconfiguration  of streets or uh finishing out let's let's say of   infrastructure whatsoever until the construction  plans are approved. Yes sir. Right. That is   correct. Yes sir. uh with one mild caveat. Y'all  are y'all are y'all are looking at a variance for   this. If you approve the variance, it's within  the bounds of what they have provided. So,   uh hypothetically, they could change the layout  during the uh preliminary plat. Obviously,   council would see that. But if they change  it and that doesn't trigger any additional   variance requirements, they could do that at  the platting phase. But they still in order to   begin construction they have to have an approved  preliminary plat approved construction documents   and fiscal security. Okay. All right. Does that  did that answer? I think so. Yeah. I think so.   The way I understand this this variance addresses  the two retention ponds and that one street where   that's the only cut and fill that we're approving  right now. Yes, sir. Yep. This exhibit here. So,   so, so the rest of the council members  understand, show them the pond. That's   because these are pretty severe cut and fill,  but it's there won't be any houses there. Um,   and then the one street at the top right there.  There's a little bit a little bit, but mostly that   one. And the the project engineer is here as well  if you have some of these technical questions.   once you So Rick, what happens if uh this  is approved and then they bring back a   a construction plan or preliminary plan and we  say that there's that's too much cut and fill uh  

variance and we're we're not in favor of that. Uh  the construction plans we review are only for the   public infrastructure. So if they were to alter  and require additional cutter fill on this. They   would have to come back. They what they're asking  for is this proposal. Yeah, there's some there's   like a 3%. If it changes by inches or something,  obviously that would be covered. Uh if for some   reason, hypothetically, they decide we want to  make this 10 feet deeper, they can't do that.   Okay. Well, the the issue that we have here is  that for the homes, uh we had Yeah. We had a big   concern over there being maybe 30 lots that were  going to have some significant cut and fill over   and beyond what we typically allow. And that was  the big heartburn. And so this this does not even   go that far. We don't we're not addressing that.  We're just Yeah, we're not addressing that like   he said, but there is uh some exhibits included  in the package where we heard your concerns. We   looked at that area of concern. Um we chose seven  lots over there over there and put driveways to   see if they would exceed that cut and fill. Out  of seven, only one did and it was only exceeding   it about two feet. Um that's obviously we don't  have a finished floor. We're guesstimating of what   a home builder would want, but out of those seven  that we chose, only one. Um, don't know if they're   in there. I have extras if you guys want them a  little bit more closeup. Uh, but I think we talked   with Rick at the time of construction plans.  That's when we can dive deeper into um what those   driveways would look like. They're kind of paired  together. Yeah. Where are the seven that you Yeah. Um, but like I was saying, we can look at the time  of construction permits of diving deeper into what  

those rough estimated driveways are going to look  like. Again, we don't have the final finish for   because they will be sold out or sold off um to  individual custom home builders. So, we're going   off the setback. We're going at adequate grades um  and setting what we think is ideal. But if a home   builder comes in and chooses something a little  bit different, uh, talked with Rick, there might   be a slight fluctuation, but nothing too drastic.  So, these seven look like they're in different   areas of the property anyways. Yes. Yes. We didn't  want to put it all in one area, but we did kind of   hone into this right side over there because I  know that that was the biggest area of concern.   Um, of course, as we get a little bit north of  this uh east detention pond, that's where we have   a little bit more steep slopes, but um there are  two lots. And then even uh directly west of that   lot, um we did another driveway home uh example.  Okay. And I I'm failed to I know who you are, but   Yes. Sorry. Aaron Sandal with WGI uh representing  the applicant on this one. Thank you, Erin. Yes.   Uh the important saying here, Jeff, is that what  we're talking about on the variance right now is   for the two ponds and some modifications on  some streets. Right now, there's going to be   some serious cut and field doing that. But these  are retention PS. Yes. When we I spent the time   with Aaron, we drove out, we walked these things,  uh even if the next phase we run into an issue,   I'm not saying I'm not saying that we would, but  if we did, uh this improvement to the existing   property. Yeah. Yeah. Because of the the retention  ponds will help that whole drainage issue out   there. So So this is an this is an upgrade to  the current property just on its own. And then  

kind of like what Rick's um I thought it was a  really good report. Um his report, we met with   city staff out on site. We went with the truckers.  Um we've already gone through extensive reviews   with LC of you know drainage infrastructure and  stuff. So um we're talked about it last meeting.   We are proposing um low impact development trail  system connection to uh the trail across the creek   and such. So you've been at this a while. I know  that and and it's been frustrating for both sides   and uh you know we want we want to make sure that  everyone's happy with this and you know um if we   didn't have this back and forth we wouldn't have  come to this new uh layout and such and I do think   that this new layout hits all the right corners  for everybody. Well, you're you're getting the   feeling I know that Horseshoe Bay is a unique area  and uh we like it unique. Yes. So when you come   back to us, we're going to be the same people.  Uh and but I do appreciate you working with the   trackers as well. Yes, I really do. Anybody  else? Oh, Mary, if I may, I'll add something,   too. During the construction review process, if  something comes up where there is a lot where   uh after they do some of the grading, the  elevation is off, I've talked to the engineers   and ownership. if something comes up where they  need a variance for that lot, I think they're   probably open to discussing that at the time that  we discover it. Is that fair to Again, it would   be a little bit uh closer into that DRC review  once we get in there. Um we can look at all the   lots and what those uh driveways for those lots  would look like. Talked with um Rick. Again, small   fluctuation. Um but none of the home builders  should come and ask for an outrageous cut and fill   variance. we would handle it but they would be  within those limitations um because again we don't  

have that finished floor to give them that. Okay.  U we have three citizens who have signed up to   speak of speak about this and the first is going  to be Jeff Simmons. Are you still here? You are. Hello. Uh Jeff Simmons, my wife and I reside in   on Mountain Dew. I've been before  the council speaking in opposition. I think this came up at the last council meeting  that you know the the developer initially asked   for a full variance on the on the the development  and it was turned down and now they've come back   and asked for bite-size invariances. Give  us a variance on this first piece. You don't   have to give it on the rest. Well, I think we  all know that whether that's developer one,   five, 50 builders, they will scream foul if  you say no to the variance because you gave   the first variance request knowing what  the development would look like. And I'm   pretty sure those development those detention  ponds are designed for that full buildout. So,   I'm in opposition. I believe recently I've had  other neighbors reach out to Rick that have   uh are opposed to this variance request and we  hope you just don't take the first bite and don't   approve this first variance. Thank you. Thanks  Mr. Simmons. Appreciate that. Uh Marilyn Campbell   speaking the same thing. Hi Marilyn. Hello  Marilyn Campbell. I live on Mountain Dew also. Um,   the first time I voiced my disapproval was over  a year ago. And at that time, I quoted parts of  

the 2005 city comprehensive plan. And I'm going to  remind the council what those are, facilitate the   utilization of undeveloped property in the city,  and encourage public input. It also states the   city should be alert for opportunities to  expand amenities that would benefit all   property owners and guests. The long range plan of  2023 communicate and support identity of city as   a healthy living community with priority on small  town and environmental sustainability. the public   lands that we've had um a vote and it was rated  for a nine to keep green space and that was all   the public that voted that you took a survey. Most  of the proposed lots are going to be difficult to   build on. They're going to be expensive. And one  thing that's nobody's mentioned, it's going to   be in the flight pattern. And there's going to be  a there are a lot of jets coming in and out. And   there's going to be even more jets coming in and  out as we grow. And if I were looking for a lot,   I would not look at something that's going to  be under the flight path and expensive to build   on because there are a lot of other lots around  here that are a lot easier and less expensive. So,   if you approve this going forward,  a lot of trees are going to be torn   down. The infrastructure around Horseshoe  Creek is I know that the hikers said yes,   it's okay and it is given a lot more,  but the whole habitat area around there   is going to be changed. Um, it's unique to  this city and once you start messing with it,  

you can't replace it and that's why I'm against  it. Thank you very much, Marilyn. Ellen Anguish. Hi, Miss Angu. Ellen Anguish. I also live on  Mountain Dew. So, we are not just citizens,   we are residents. We I live right there, Grassy  Nola and Mountain Dew, right where they want to   start their progress. Um I know they reached  out to the trackers and tried to come some com   compromise. They have not reached out to those  residents that live there that have property   there that are going to be affected by put in  these detention ponds. that say we get another   rainfall like we did in October of 18 and all of  that water is going to flow towards the lake down   where we live damaged our property that we were  talking earlier about the lady that came in and   said they had to build retention walls because of  the floods this past summer. That's position we're   going to be in. we're going to be looking for that  2% loan and um nobody has considered the situation   they're putting us in as own homeowners and  property owners. So anyway, I propose I agree with   Jeff and Marilyn. Um please do not allow this. If  it was 50 acres, eight properties or eight homes   like the previous that was just approved, we can  work with that. But 123 homes on 50 acres, it's   It doesn't fit with what Marilyn said. That  doesn't fit with the growth of the vision that   Horseshoe Bay has and the community that we love  living in. Thank you. Thank you very much. Would   the applicant or Rick like to speak to her her  point there uh about the water retention ponds?  

Um yeah. So with that, we've gone through like I  said um LCR review. uh these detention ponds are   actually capturing and treating the water. So the  water that is going to be for a lack of a better   word coming out of that pond will be cleaner  water and it is going to be discharging at the   same rate as it would be in existing conditions.  So we cannot adversely impact any surrounding   neighbors the way that it is designed right now.  That is why it's so extensively deep because   there's so much water coming and collecting on  our site and discharging into that creek. So what   essentially is you fill up a bucket and you have  a little spout and it's slowly creeping back into   the creek. So it's not going to adversely impact  destroy a neighbor's land. Um directly adjacent   to our property is Horseshoe Bay Creek.  There is not another resident along this along that property boundary. Um which is where  our water would be discharging. Um, again,   we can't adversely impact a neighbor regardless  of who it is. Um, but there are no direct   residents right behind and um directly adjacent  to these ponds. Um, these are quarter acre lots,   correct? Uh, and bigger. Yes, that's the smallest.  I want to restate something I said before to   make sure there's clarification. The way these  retention ponds will go in will actually be a net   benefit. It will reduce the potential of flooding.  They're more at risk now with flooding if we if   it if it remains, but with these retention  ponds, it will control that water flow. So,   if we have an event like we had in 18 where  anybody could get flooded, this this will prevent   that from happening. So, that this is an upside.  I said that I want to make sure you understand.  

I see this first variance as a net plus for the  community because of these retention ponds. Now   again, when they come back for the next phase  of this, that's where we'll take harder looks   at things. But but this this first what we're  asking right now is a net improvement to the   to the to the existing community uh in in  from a standpoint of controlling water flow. Can I ask a question about that? Please do. So  the the retention ponds are designed with full   development in mind. Correct. Yes. In other words,  once all the concrete driveways and homes and all   those impervious structures are in place, whatever  that number is going to be, we don't know. The   numbers thrown out of 23. But I'll be very  surprised if we even get close to that number.   But again, I want to restate that this this  variance we're talking about right now is a   net improvement for that area. It would it would  seem with no further development, it's definitely   going to be a net improvement if it's designed to  handle nothing happened. It's better than what it   it's. It's better than what it currently is with  these retention pumps because it will minimize   potential flooding. I don't want to ever see us  go through something like we went through in 18. the the grassy null uh street. Yes, it's  there now, but you're going to I know it's not   asphalted, but you're going to push it a little  bit further north. So, um we're keeping it in line   with those existing residents since they have uh  current access off of it, but right now it doesn't   um achieve fire safety or city code. So, we are  going to widen that pavement. that we're going   to be putting in uh drainage infrastructure on  the side, capturing that water, putting it to  

the pond. Um and the culac that we're going to be  proposing is fire for fire safety. How far how far   is that? Give me a rough estimate. Uh the street,  yeah, uh probably over 200 feet. I know 150 is   like adequate for turnaround um without providing  uh or without providing a turnaround. So it's   definitely over 150 in terms of disturbance to the  community 200 ft u of engineering and asphalting.   Yes. Um and then again what the this variance is  for is not for the street. We're able to maintain   the street in the cut and fill that it needs to.  It's tying back in to existing grades so we don't   ruin the vegetation because that's where we are  doing these paper lots because we want a custom   home builder to come in, look at the lot, see the  trees. Truckers also made it a very good point of   they're going to come in and show the beauties  of trees to the future home buyers um and have   them kind of uh be creative with how they're  going to develop those lots. Well, you know,   and going forward, we all know that because we  talked about it last time on on 10,000 square   foot lots, a 4,000 square foot house is going  to take up almost half of that lot. Yeah. So,   we're gonna because of the driveway, you got to  remember the driveway. We're going to have some   serious discussions about that. And I think Rick  had mentioned this does not solidify the lot lines   that you're seeing right now. Um, by the time we  go to preliminary plat, if these questions come   up again, we can kind of dive deeper into this.  Uh, as it was mentioned in the uh, presentation,   we've been at this for over a year. We're just  trying to get you guys into that next stage  

because we're not at that stage yet. um get this  variance approved, update all of our forms, our   construction documents, so then we can provide you  guys that a little bit more like the driveways,   more in-depth design of what that's going to be  looking like, if variances are going to be coming   up or not. Do you agree with with uh Frank on the  fact even if nothing is built there, this is a a   plus for the the land because I'm I'm worried  about these neighbors too for for the storm   water? I do. And I'll I'll speak a little bit out  of my expertise. This is a little bit into the   engineering, but uh our drainage criteria manual  makes some assumptions on what the impervious   cover or basically cover that water hits and  sheds instead of absorbing. Uh realistically,   there is some grass and vegetation on this, but a  lot of this is dolomite rock, which is impervious.   Uh maybe from an engineering calc, they say some  of it will absorb in. It really doesn't. this a   lot of it is functioning similar to concrete  not all of it but some of it. So adding this   it it'll even if it were to overflow completely  fill up and overflow it'll still overflow in   the existing channel as it exists now. So you're  just adding a detention basin essentially there   there's some water quality components too that'll  clean the water and uh and convey it downstream so   that it's not nearing the lake as polluted.  that retention ponds in general are always   going to improve regardless of what it of what  the situation is. Uh agnostic to this request,   anytime anybody proposes a retention pond, staff  is going to say that's good. It helps with a known   issue in Horseshoe Bay, which is flooding. I mean,  the the resident spoke to that. That is true. When   we have these flash flood events, uh that water  hits the rock essentially and and just kind of   goes everywhere. So, I'll I'll add lib a little  bit too with what they're talking about with the   lot lines. I'm just going to pick on this one.  You see these tree canopies here? Yes. It may  

be that when they go through this, they decide  instead of having three lots, they split that   one to save the trees and it's two lots. Things  like that that won't affect the variance because,   you know, it's just this frontage here. So, the  lot lines could change outside of this variance. But that's at the time of plat y'all would see  that again and planning and zoning as well. You   all that have a lot more experience the I believe  it was Jeff that mentioned my words of concern for   president. Um what are thoughts Rick in terms of  for these variances which would seem to be more   infrastructure related than home building but is  is there a concern for precedent? Uh I'll again   speak outsidear from a legal standpoint there  is not a precedent set from variance. This is   discretionary and the attorney said yes. So yeah  uh obviously in the political sphere sure I mean   if y'all approve something yes y'all could  receive political pressure but from a legal   standpoint there's no precedent that uh there's a  lot of engineering and circumstances that go into   this whether y'all approve it or deny it. Uh and  and I will be honest, you know, the the public   improvements. Uh there exists a plan that staff  would say, "Okay, we have retention ponds for the   homebuilders to me from as a staff perspective  on open record." If they prove that there's a   house that can be built on that light lot with  no variance, Board of Adjustments likely will   not approve it. I don't want to speak for them.  Uh but if there is a configuration that exists,   they're not going to allow them to deviate from  that without a really good reason. And that would   be our advice to council, too. So when the when  the homes come in, I think there will be they're   not doing something for the public good. They're  not building a retention pond. They're building a   home. So this this is a tip of the iceberg of  our discussion. Yes. It's again I I I'll say  

it again. It's the first bite of the apple and I  understand the one gentleman's and it's correct.   But I look at this variance as a net plus for  that area because of the retention ponds. It will   if we have a a 2018 event, uh there's nothing  there. It's just going to happen with these   retention ponds. It won't flood. So that's what  I want council to think of in terms of at least   this first this first thing. the next ones as we  get deeper into this thing. I mean, I've I I'm   not saying anything I didn't tell Aaron before. I  guarantee that when this thing is over and done,   it'll probably end up less than a hundred  homes because some of these, like you said,   between the tree canopy, the builder, and it's  going to be up to who the builders are, and but   this is the first step. And and if this wasn't  a net positive for this area, I would be against   it. I am now for it because of of these retention  ponds. This is good for that area no matter what   happens going forward. And you went out and walked  the property and I've walked it. One last. Sorry,   I'm new so lots of questions. Um if if there  were no variance for the retention ponds,   what's the the downside? What's the impact?  Do it. Uh can you highlight the concern area?   Uh, sorry. Go back one. You would probably be  looking at all of this area of a detention pond.   Per LC code, we have to treat, we have to provide  water quality. Water quality in this area. If   you're not going to be paying a jellyfish filter  or something, you're going to have a pond. Um,   and to not exceed that four feet, you're  looking at a massive footprint of that pond.  

So it might be two or three times the the  size is what we see. Yes. Surface. Correct. How would you feel about doing that? Um you  know it was previously mentioned that these   ponds are already going to be an isore.  think that would be a little bit more of   an eyesore uh given that the ponds right now  are located one where it's a natural low point   and two it's away from the uh current rideways  and tree lines and stuff. Yeah. Anybody else? Rick, do you have anything else? Just uh to  reiterate what I said too, you know, there's   there's still more review to be done with this. Uh  I would when we get into the construction review   that it will be something we don't normally come  back to council likely I will have a presentation   when we get into that point and relay you know  what's going on as far as the won't be less than   six months then it'll be at the very best they  could go if y'all approve this they could get   on the January planning and zoning if and then the  February council meeting and then we would go into   construction review. So you're looking at probably  April or May at the earliest would be my guess. Sandra's she said with a subdivision this  big, it's likely closer to February. Okay.   PNZ. So we're looking at late spring likely  before construction review. Okay. Well,   I um I'll entertain a motion if  anybody wants to give a motion on this.   Um, I'll take a sway at it. Um, because we're  going through multiple bites of this apple,   I move that we approve this variance that includes  the retention ponds and the adjustment of a couple  

of these streets uh with full knowledge that we're  going to get another look at this once they have a   uh construction format. you have any language?  I don't have Well, I can read this. Uh,   the subdivision variance requests in accordance  with section 10.03.462 of the Horseshoe Bay city   code with the condition that the buildable area  of the lot is accounted for in any preliminary   plat for single family residential lots and  that any fur further subdivision variances   for the single family resident lots be considered  primary to preliminary plat approval. Basically,   we're saying we're going to get another look at  this thing after after we after this variance.   I'm not sure I understand the motion. Uh  can you put that in a motion form for us? Easier said easier said than done. Uh, I want to  approve the variances they've requested with the   condition with this condition that I just put  in. Um, okay. Uh, which it basically is saying   we're going to approve the retention ponds  and then before we approve a preliminary plat,   they got to come back and present us where  driveways will be, how they would subdiv subdivide   this thing because I'm very concerned for the  community on what this looks like. But again,   I want to reiterate these retention ponds  are a net positive for that whole area   just by just Okay, that I I can't repeat that  motion, but you uh I can't either. The motion   has been made by council member uh Hosia  to approve the variance request with the  

uh limitation that get another get another  look at it before that it that it's only for   the retention ponds at this point and grassy  no and nothing else at this point. Uh any is   is that a fair assessment of your motion? Yes. Do  I hear a second to that emot that motion? Second.   Council member Weatherby seconds the motion.  Uh any further discussion by council the 15 that's in the variances that is how I presented  it that's how it was presented by which has all   the other things without me reciting every bit  of what this two-page report is I'm trying to do   it as based on what what Rick submitted with the  addition of this final approval on the pre-plots.   What we're doing is again I know I know but  the the trail system down there that's all   part of what that's part of it presented in a  you know what page my staff report can what's   the what's the motion we can amend the motion okay  I think I'm not sure if I've turned on page okay without restating everything in Rick's  report which covers the green belt   area setbacks, all the things we've talked about  that he talked about when he explained that. So,   I just tried to summarize it as easily as possible  that we're just approving this variance for   the retention ponds and the grassy null plus  everything else that's in Rick's report that  

they've agreed to. You're amending your motion to  say that. I'm trying to make it as simple as No,   no, no. I think that's I think what  you said is is a good motion. Okay,   that's fine. Amended motion made by council member  Hosia. Do we have a second to the amended motion?   Council member Weatherbe seconds it. Now, do we  have additional discussion to the amended motion? None hearing? Uh, all in favor vote I. I. All  oppose? No. The eyes have it. Thank you guys. Uh that brings us to the consent agenda. And on the consent agenda, is there  any items on the consent agenda   that the council members would like to  be taken off and discussed individually? Okay, let's uh do I can I get a motion for the  uh approval of the consent agenda then? I make a   motion to approve the consent agenda as presented.  Mr. Hosia uh makes the motion. Second. Anyone?   Mr. Morgan seconds it. Any discussion? Vote I  for I. I. I. I. Okay. Consent agenda passes. Uh monthly reports. Do we have any city council  monthly reports from liaison reports? Oh, did I   skip something? No, no. Um monthly report. Oh,  okay. Yeah. I I I would like to uh report on the  

uh the center city center um project u being  developed and we are on track to take control   of that building in December, December 20th  specifically if all the the uh the inspections   go by. Uh we will then spend another um 20 to  30 days to getting our furniture in there and   getting everything set up and then we'll actually  be in that. And then uh we were looking at a uh   open house probably sometime in early February  that we'll bring in uh the the community to walk   to uh with with us being staffed. So that's uh  levelable to be coming down the pipe. So look   forward to that. Um we are very uh very happy that  um the building is coming in where it is um on the   budget and on the time and um there was a lot  of hard work um including a lot of design work   uh all the way through construction. Cynthia was  on that design team and there was a lot of work   that went into pinch of pennies and making sure we  got a good practical building and it's about done.   So very happy about that. And also to uh mention  that our 20th anniversary party that we had   uh went off really good. We've heard nothing  but a lot of good comments uh from a lot of   folks from the vendors all the way through to the  to our citizens on how it went and um how smooth   some of the the the transitions went to getting  people from the the parking lots to there. Um,   we were fortunate that God opened up a window for  us and we were able to use that dirt parking lot   and not get a lot of people stuck in it. Um,  but uh, we did make it through that and uh,   we had a great program. U, the vendors all  said we they're treated better than any other   event and we look to have many more of those  in the future. But I just want to tell y'all   that we're still having after action on that and  looking at ways we can improve that in the future.  

Jeff, I want to also say uh Buck and I had a a  hand in this. Yes, y'all did. Uh your staff was   incredible for us. I mean, they they volunteered.  They worked hard. They stayed overtime. They were   diligent. And that that spoke volumes. It really  did. We appreciate that. Yeah. Thank you very much   for that. And I will say the same thing. We  have a very devoted staff to this community.   Uh the community has been very appreciative  to the staff and so it's a two-way street. So   uh we're we're happy to do it and um  anything we do is going to be at that   same standard. So thank you. Thank you  very much. Now let's go to council member   liaison reports. Anybody have a liaison  report that they'd like to Mr. Morgan? I was uh invited by Chief Fowler to uh attend a  training session that he had out at Ferguson plant   where they simulated a a victim being trapped  inside the plant and they had to go in there in   a 4-foot section, get this person stabilized on  a gurnie, tied down and brought down to the steps   and it was a cooperative mission with several  police, I mean fire departments involved And   it was just amazing to see the cooperation  between the different departments and the   uh expertise of the the training that went  on. It makes me feel very good that if that   situation ever happened that we're in good hands.  Thank you. Wonderful. Chief Fowler, is he here? Okay. Now, there she is. Stephanie. Stephanie  was there also. Good. Good. Uh thank you for   that. and Rick um Rick, you want to talk to  us about Stargaze and how that went? Yes,  

sir. Yeah, the Stargazer. So, as you know,  part of our dark sky uh recognition is we have   to hold uh I think it's two two uh informational  sessions throughout the year on the dark sky. So,   usually one of them is they'll do a handout.  The sort of the uh keynote one that we do   though is the stargazing party. Uh I I was told  I couldn't attend that one. I've got a middle   school or any football game in Gatesville. So,  I had to duck early, but Jeff was there. But,   uh, I hear there were between 30 and 40 attendees.  It's about 40. Uh, if you've not gone to it, we we   we do a great job. I think Cindy does an excellent  job working with the department on advertising for   it and getting it out to the community. uh  the Austin Ast astronom, however you say it,   astronomy society, astrological, thank you.  They uh they come out and they they bring some   telescopes that are they're really interesting.  So even if that's not really your thing,   uh it's it's cool to go out this year. They had  excellent weather, so it was a nice clear sky   and they were able to see quite a bit. So uh it's  really interesting what you can see when you lose   the light pollution. It's uh indicative of larger  cities and places a lot of our residents came   from. So great. Yeah, it was good though. Good  turnout. I'd like to also say um even after that   event um we've produced a couple of articles on  how to to solve light pollution uh because there   that seems to be a big issue as we grow and uh  so there's been articles that city has written   that have kind of added to that. So, we're really  trying to reach out to the committee and and talk   about light pollution and the way that the lights  are should be focused down and not just kind of   broadly. That's where we have the pollution. So,  we continue to to try to keep our community the   way it is and and even as we grow because that is  one of the things that really makes our community  

special. It's huge. It really is huge. Okay.  Um well, we've we've got an executive session.   before our executive session. Uh one of the  issues that we have for the council to resolve   uh which we will do an open hearing is that  our city secretary has requested to appear in   our executive session and uh it is up to you  all to decide who and where someone appears   in our executive session. And so you're going to  have to discuss that and and decide whether you   would allow the city secretary to appear in the  executive session or not. Uh I have actually told   uh our city secretary that uh my opinion is uh she  should give us some written documentation as they   exist to the information that that she knows is  on the agenda and we would consider that in the   executive session. But she does have a right  to an open hearing if she uh e exercises that.   So I need to have the council decide and you can  discuss it as well uh whether we uh allow the city   secretary to appear in person at our executive  session which will be coming up subsequent. Anybody have any thoughts?  I have no problem with that. Well, I'll I'll entertain any kind of motion. I move that we allow the city secretary to  uh present information during the executive  

session. Council member uh Weatherbe makes  the motion. Do I hear a second? Second. Uh,   Council Member Fetchner seconds it. Uh, all in  favor vote I. I. All against, no. The eyes have   it. We will now go into executive session. Uh,  at 4:43 to discuss the following matters. Uh,   number one, appointment of members to the  planning and zoning commission and board   of adjustment. Uh, pursuant to personnel  matters. uh Texas Government Code 551.074