City Council - Regular Meeting

Okay, it's three o'clock by the clock in the back.  So, we have a quorum here today and we are ready   to get underway. I do uh want to tell you that uh  we don't have a minister in the house today. So,   I have been asked to give our invocation  today. So, if you can please stand with me. Lord, we thank you for being present today. We  thank you for being present in our lives. We   acknowledge you as the creator of this universe.  Lord, no matter what other people may say, we know   that there's a intelligent design not only to this  universe, but Lord, to our community as well. We   ask you to be with our decisions today. Guide  them, direct us. Lord, help us to be fair. help   us to be uh honest and help us to be forthright  with each other. I thank you for uh the volunteer   men and women who uh have volunteered their their  time and their efforts and their talents to making   this place a better community for all of us. Help  us to uh work together in a unified fashion. I   ask you these things in your name. Amen. Amen.  I aliance to the flag of the United States of   America and to the republic for it stands nation  indivisible with liberty and justice for alliance one state under God one and indivisible. Okay, welcome. Today we're going to  start off as we typically do with our  

uh announcements and staff recognition.  I think Mr. Jeff Costa has uh the first   announcement today. Yes, sir. Uh thank you, Mayor  and Council. It's an honor to be here. Um truly,   uh like your prayer. Um I think we uh we  love being in this place and God is always   here. So really thank you for that. Um,  I'd like to introduce a new employee. Uh,   Pamela Turner, please stand up. Do you  know your uh high school fight song? Okay. Uh, Pam has joined us as administrative  assistant for the police department. Pam has 26   years with the state of Texas. He spent the last  two years in Marble Falls ISD in the afterchool   program called ACE. Lots of patience there. I  can tell you um that's probably my kids were in   there. My grandkids were in there too. So Pam  joins as a police department with an extensive   background administrative support. Pam and  her husband Jeremy enjoy hunting, fishing,   and other outdoor activities and live  at Bernett. Please help me welcome Pam. Welcome, Pam. Welcome. We look forward to getting  to know you a little better while you're uh   getting your sea legs under you. Uh now, I think  uh Ray, are you going to do this? Okay. Ray Garcia   has a fiveyear anniversary for us for utilities.  Afternoon, mayor and council, those in attendance.   Mayor and Council, November 2025 marks Jason  Thames five years of service to the city of   Horseshoe Bay and the residents. Mr. Jason  Thames recently celebrated his 60th birthday  

and is the proud father of four children, three  daughters, including a set of twins and one son,   and the grandfather of four grandsons and three  granddaughters. He holds dual class C license in   surface water and wastewater and as of November  9th is eligible to pursue both class B license.   Jason enjoys live music, sports, spending time  outdoors. He is grateful to have served the   city for the past 5 years and looks forward  to continuing his service for another five.   He would like to extend his sincere appreciation  to all council members, past and present,   as well as the mayors, city manager, assistant  city manager, utilities directors, his supervisor,   and the fellow employees for their support and  collaboration. Please join me in recognizing Jason   Thames for his exemplary five years of service  and dedication to the city of Horseshoe Bay. Please keep your water. Thank you, Jason. Okay. Uh Jeff, do you have the next one? Uh our  leadership certification graduates. Yes, sir. I am pleased to recognize the following  employees who have successfully completed   the 2025 Texas Tech Leadership Program and  received their certification. This distinguished  

professional development program could consist  of 10 consecutive sessions delivered by highly   skilled and respected faculty of the Texas Tech  University and good football game team too.   Um the the cir the curriculum covered  essential leadership competencies including   critical thinking and problem solving, effective  communication, financial management, leadership   challenges, team building, and other vital topics.  The program cultivated in a capstone project where   participants applied their newly acquired  skills to real world workplace challenges,   presenting their results during a final session  in a program. Where's Susan? Get up there, Susan.   There she is. The individuals were carefully  selected by their department directors based on   their demonstrated commitment to professionalism,  professional growth, and their potential to serve   our next generation of community and city  leaders. We are exceptionally proud of their   dedication and achievement. Their enhanced  leadership capabilities will direct directly   support our ongoing commitment to maintaining high  standards of municipal service for the benefit   of our community. I ask that you join me in the  recognition of their investment in professional   excellence in their successful completion of  this valuable leadership development program.   And that would be Dalton Poe. Ryan Rodriguez,  both out of utilities, both are crew leaders,   and Susan White, our financial accountant, and  they're going to have a short presentation now on   their program. No, they're not. Thank you'all  very much for that. Very much appreciate. We got to get a picture. Hey, Jeff. Jeff,   I just want these people to know that  getting a certificate from Texas Tech  

is just like getting one from Harvard.  So, Oh, yeah. That's right. Awesome. Yes. There you go. Got to  get your picture of this. All right. Thank y'all very much. Good job. Three  new leaders. That's great. Somebody once   told me I asked them, "Uh, how do I know if  I'm a good leader?" And they said, "Well,   if nobody's following you, you're not a good  leader." So I think that's indication right   there. We come now to public comment which is our  time to allow people a maximum of three minutes to   um talk about matters of the community. Uh it is  something that is not on the agenda. Therefore   the council cannot engage in dialogue with you. So  don't think we're not interested. We just cannot   uh follow up with any questions or any dialogue.  So, uh, we have, uh, right now, uh, Rob Hardy, uh,   the mayor of Sunrise Beach who would like  to speak. Three minutes. Thank you. Thank   you. I promise I won't take three minutes. Mayor,  council, staff who really run the show. I want to   let y'all know that. I'm I am Rob Hardy. I'm the  mayor of Sunrise Beach. And, uh, I really believe   cities need to work together. We only have three  of them out here. We also have a large community.   It's not a city. We won't talk about that today.  Uh, I am running for Lo County Judge and uh,   participate a lot in Mayor Pro Tim's uh, gun and  choir club down at Quailpoint on Wednesday and   Thursday mornings. Don't ask me why that comes  from. Um, and I really just want to introduce  

myself and tell you really appreciate the fact  that you're part of Lo County and pledge to   we'll always work together. Thank you very much.  Appreciate you coming today. Uh, Rick Overhalt   is going to speak about uh, RTOR Ranch. Is that  correct? postal kiosks. Yes, sir. Thank you. I'd   just like to mention and clarify because a lot of  time there's confusion about who's responsible for   putting in the kiosk and often people will say,  "Well, it's the POA's responsibility when in fact   if you look at the postal regulations, it's the  developer's responsibility when they develop the   properties. So, I know you can't have dialogue  with me. I hope to hear back. This is on our POA   agenda for tomorrow. One of our items regarding  Richtor is postal kiosk. Right now we're short   um about 36 boxes around proper and up in the  uplands kind of all over the place and we just   have this fear that if they start building out  there we'll be short another 125 and we're not   in a position to uh enforce that as a POA with the  developer. So, we're hoping that the city and you   might have already done this. So, um it's done.  Okay, then I can go home. I had to make sure I had   to get Doy's blessing to say anything first, but  uh we that is a requirement. We will require that   as part of the construction documents. Excellent.  We'll quit worrying about it. And that's all I had   to say. Good fast work, Rick. Thank you. Well, we  we can't engage in conversation. Have a good day.   Thank you. Thank you. Thank you all. Appreciate  everybody. Thank you, Rick. Uh that brings us to   our uh presentation which is for information  purposes only. Uh no no vote is going to be   taken. No action is going to be taken. We have uh  an opportunity to have presentations by applicants  

to the city boards, commissions, and advisory  committees. I think we've heard from everyone last   week uh excuse me, last month uh who has applied  for this. If you're applying, please let me know.   Yeah, we've not received any other applications. I  think we have cleared those. So, okay. Wonderful.   Wonderful. Uh then that brings us now to our  business port part of the uh agenda and it   follows up on what we just talked about and that  is the appointment of u our uh applicants who are   rotating off uh of these two committees the board  of adjustments and the uh planning and zoning. We   have three that are rotating off and we have three  that have applied. Amazing. Amazing. And uh the   U three that have applied for planning and zoning  are help me out here. Samuel Lee, Samuel Lee, Leo   Bouty, and Willie Reinders. And I know Williey's  out here right now and he spoke last month. And   um we can either take these uh now or we can  because they are subject to the open meetings   act we can take them into uh executive session.  So if no one has any objection I'd like to vote on   these now unless someone has an objection. Okay.  Do I hear a motion? I'll make a motion. I move   that we approve uh adding Samuel Lee Leo Bout and  William Rers to the Planning and Zoning Committee   as members. Members. Uh we've got a motion by  M. Uh Councilman Hosia. Do we have a second?   Second. Second by Council Member Weatherbe.  Uh all in favor say I. I. All oppose? No. It  

carries. Welcome to the planning and zoning. Now,  that brings us to the uh appointment uh to of the   chair. And actually, we need a chair for that  as well. And um I would suggest that you you   uh make a motion uh for the chair uh continuing if  you don't mind. Okay. I'm I'll make a motion that   we move uh to have continuation of Samuel Lee as  head of planning and zoning on a go forward basis   for this year. Motion by Mr. Hosia. Second. Second  by Mayor Pro Tim Morgan. All in favor? I I My   question for you though, I'm confused. If Samuel  Lee is going to the planning and zoning, how is he   going to be the chairman? We aren't on the board  of adjustments. We're still on the zoning. Sorry.   Uh all in favor? I. All oppose? No. Now we have a  full board and we also have a chairman of Samuel   Lee. Thank you, Mr. Hosia. Uh we're now going to  move to the board of adjustments and we have the   same issue there. We have three U openings and  we have three applicants as well and they are   uh Michael Applebee and they are Ron Christian,  Tom Fairley and Tom Fairley. Um and I'm going to   ask you the same thing. Does anybody have any  objection to taking this off of the executive   session and voting on them now? Uh, do I hear a  motion? I'll make a motion. I move that we add Ron   these to full-time membership. Ron Christensen,  Tom Fairley, and Michael Weatherbe, the board of  

adjustments as fulltime members effective this  year. Applebe. Okay. And how about the chair? Dale Mstead. Oh yeah, Dale Mstead. Yeah, we're  technically supposed to Okay, that as well. Okay,   so the motion then is to uh continue the chair  of the board of adjustments as Dale Olmstead   uh and appoint Ron Christensen, Tom Fairley, and  Michael Applebee as fulltime full-time members of   the board of adjustments. Do I hear a second?  Second by council member uh Wadell. And all   in favor I. All oppose? No. Motion carries. We  have a board of adjustments. We're going to uh with the permission of council, we're going to  uh delay the appointment of the members of the   capital improvements, which is the impact  fees, to the following uh council meeting,   unless anybody has an issue with that. Okay, I  hear no issues. So, we're going to table that   until the following meeting. Thank you. Our next  uh item of business is going to be a report from   Friezen Nichols uh regarding the developmental  design standards and subdivision regulations   which we have really been interested in. Uh thank  you, Mayor Council. Uh yeah, I'll introduce. So,   uh, I won't read verbatim as usual the staff  report, but freeze and nickels, uh, that the city   has contracted them to assist with our subdivision  ordinance and some other things related to that.  

Uh, part of that is that they make a presentation  to council in ensuring that we're all on the same   page and that they're meeting uh, the objectives  y'all have set out. So, they will present that uh,   now and then obviously it's a business item. So  if you'all have any direction or or want staff to   uh go in a certain certain way, that's that's  the purpose of this. So please ask questions,   etc. So this is Frieza Nichols. I'll let them  introduce themselves and we'll go from there.   Thank you all so much. Uh my name is Wilson  Kerr. I'm the project manager from Frieza Nichols   working on the subdivision regulations project.  Thank you all so much for for having us today. Um   went the wrong way. Sorry about that. Um so uh for  the the agenda for what we'll be presenting today,   uh just do a quick intro of our team and then do  an overview of the project and show you all where   we are um with within the project. What we're  presenting today is what we call the diagnostic   report. So I'll be doing an overview of that,  just a brief overview of each of the sections   that that we were looking at. Um and uh you all  have a copy of that as well in your um packets,   so you all can read through that. And then um I'll  hand it over to Rick to talk about uh needs for   an engineering criteria manual update as well.  And then uh we'll talk about I do have some some   questions on here uh for a project discussion if  we wanted to open that up or I can send you all   home with some homework and we can skip skip those  because I know that you all might want to expedite   um the presentation as well and then we'll talk  about next steps and um we'll let you all move on   with with the meeting. So our project team as I  mentioned my name is Wilson Kerr. I am a project   manager. We also have uh Laura Sakara is here with  us. Um she is one of our project planners out of   our San Antonio office. Also on the the project,  we have Chance Sparks. He's our principal in   charge. Chance has been um he he works out of our  San Marcos office. He's been around uh the central   Texas region for a very long time working in many  cities and he's been with Frieza Nichols now for   about 10 years. We also have Evan Elchevki who  um couldn't be here today with us because he just  

welcomed his fourth kid kiddo. So, uh, we're happy  to give him a little bit of time off there. And   then we also have Lavender Pack. Uh, she is out of  our Dallas office. She's also a project planner,   one of our, uh, our, um, younger planners on  staff. So, we're happy to have her on board and,   uh, she's learning a lot through this  process as well. And at the bottom here,   it says a deep bench of of talent and expertise.  We have about 45 planners on staff that we can   call on if we need some some additional help or  expertise. Um within this we also have um we're   first and foremost an engineering firm. So we have  those engineers that we can we can talk to as well   um and that we can bring in if we're moving  forward with an engineering criteria manual update   as well. So the scope of work so uh the project  understanding was to develop and update the city   subdivision regulations consistent with standards  procedures and best management practices in Texas.   And the timeline is below. I'll go into a little  bit more detail in our schedule in a couple more   slides. Um, but right now after we present here,  we're going to really shift into our production   mode. That's where we get into the writing and  the creation of the new document and the new   uh the new code. Um, we'll we'll be doing that for  about five months and then in April we'll we'll be   presenting that to you all and then finalizing  any updates that you all have and then come   we'll come back to uh you all for adoption um in  June of next year. So all in all, this is about   a year pro project. We started in June with the  diagnostic report. There was a little bit of of   a break as there was uh some staff transition  here. So, uh we've been working with Rick to   to make sure we're still moving forward. As you  can tell up top, we have um some ongoing internal   and external coordination on on the team. And  then right where that star is in the middle,   that's where we are today. Um it's a little small  to see, but we have broken the project down into   three different modules to help us uh really  focus on those those areas that that we're working  

on and not um not move on without making sure  that we have completed those those modules. So,   uh with our meetings and engagement, we have  monthly check-in meetings with with city staff.   We had our on-site kickoff and and city tour over  the summer where we drove around the city, made   sure that we we got to know uh the area as best  as possible and got to know your staff as best   as possible and what their needs are. Um and then  we have three scheduled council check-ins um on   here. So, this is the first of those three. We'll  have a mid- project check-in as well and then that   final check-in before we move to adoption  and then one adoption meeting with you all.   So, uh, the diagnostic tech memo, it is  really what it sounds like, a diagnostic,   uh, report or a diagnostic tech memo. We kind of  look at at the the code as a doctor would your uh,   your health. So, we make sure that we look at  all for all of the issues um, within the code   as it is today and we diagnose those issues and  present those to you all so that you all know   what we're working on moving forward. It's kind of  a since we're doing this as in a tech memo format,   it's a bit of a higher level uh diagnostic  review of of the code. Um but and we also   compare that code the code today as it is today to  uh similar cities within the region and the state.   Um and then within the tech memo as well, we have  some some recommendations moving forward for the   uh ECM update. So bold up here, these are the the  foundational components um for throughout the um   the the tech memo. I'll be going over the bolded  uh portions today. So the current state of the   subdivision regulations. I'm going to hand it off  to Laura to talk about codes and similar cities   and the drainage and storm water management. We  are not going to talk about landscaping and tree   preservation today, but we do have a section  in here devoted to that if you want to review   that. And then I'll hand it over to Rick to talk  about the engineering criteria manual needs. Um,   and then we also looked at the survey results  from the comprehensive plan to make sure that our  

update is uh in line with what the city is wanting  to see moving forward with development. And then   uh a project timeline, which I did just kind  of go over with you all. So, as I mentioned,   we broke this down into three different modules.  So, the first one covers divisions one and two of   uh the subdivision regulations, which is the  general section and the administrative section.   U moving on to module two. This is uh divisions  three through seven. A lot of the procedures and   platting procedures, what comes to you all, what  we can maybe uh change to being administratively   approved. Um and then discussing all of the  different plat types within the the code. And   then module three, that is uh divisions 8 through  12. That's where we're talking a lot about that   parkland dedication, parkland and recreation  facilities, private and public streets, and   uh construction standards as well as variances  and waiverss. So some of the major issues that we   found first was in this uh module one a theme that  you'll see throughout this was clarity. We we saw   a lot of uh duplications throughout the the code  as we were reading it and a lot of redundancies.   So we want to make sure that we are avoiding  that. Um the next thing that you will see um is   the uh relocation and enforcement uh and appeals  section to to processes and administration. These   are located right now in that uh administration  section. These should definitely be moved to   the procedures and the processes section. So  that there's just one place that developers uh   and code users are looking at for all of those um  those those things. And then we want to make sure   that we're using cross references as well once  this is uploaded to to the website to make it   easier for people to navigate throughout. And then  um updating and incorporating details regarding   topography and drainage. A lot of the the code as  we saw today was adopted from other uh cities that   didn't necessarily have the same topography or  drainage issues that you all have. So we want to  

make sure that whenever we're looking at the code,  we want to make sure it is specific to Horseshoe   Bay. Next is module two. So we notice that uh  there are a few outdated uh processes within the   code uh that don't align with state legislative  updates. state legislature meets every two years   and they generally make updates to to um code  requirements. So, we want to make sure that this   is uh updated to meet the the most up-to-date  standards set down by the state. We also want   to make sure we're centralizing all the procedures  into one division, relocating application content   requirements, um and what forms can be adopted by  city manager to one one area, and then clarifying   drainage and runoff study requirements. That's a  very important uh portion as well. Next is module   three. So that's divisions 8 through 12. So we  want to confirm that the minimum acreage uh what   the minimum acreage is that triggers that parkland  dedication within the city. Make sure that that is   very clear throughout as I mentioned earlier just  adding a lot of clarity to the document. And then   uh considering the addition of partial exemption  or fee in lie of parkland dedication that's not   currently within the code. So we want to make  sure that that um is there that is uh aligning   with best practices throughout the state. And  then combining a couple of the sections as well,   eight and 10. Um we're we want to combine those  into one design standard section because there are   a lot of redundancies within those two divisions.  So uh making sure that we are we are reducing   those redundancies. And then at the bottom  you'll see adding graphics and illustrations.   That's really important when we're looking at  a code. Codes uh can be wordy and uh can be a   little bit boring. So, we want to make sure that  there are those those graphics and illustrations   that can bring people uh to further understand  what the code is saying and make it just a lot  

easier for code users to to use. So, now I'll hand  it over to Laura to talk about the the next part. Good evening, Mayor and Council. Um so, as  Wilson mentioned, um my name is Laura Sakaras.   I'm a planner with Frieza Nichols as well. Um And  I'm a little shorter than Wilson, so I'll write   this down. Um, so in going through the diagnostic  effort, we really wanted to highlight some codes   in similar cities that may have elements that we  want to propose incorporating within Horseshoe   Bay's um, code within the subdivision regulations.  And so I'm going to go through these three. That   doesn't mean these are the only ones we're ever  going to look at. If there are any other cities   that you feel um merit us looking into, we're  happy to do that through this process. Um but I'm   going to go through these real quick. So Becave,  Huo, and Lakeway were the ones that we chose.   Um so BK's UDC we felt uh warranted highlight  just because it has a very streamlined structure   and it is it is laid out in such a way that is  very clear to a code user. So if you go in and   you're looking for a specific type of permit or a  specific process, it kind of follows sequentially   what you would expect in that development process.  Um, and so that makes it very straightforward and   transparent as people utilize that code document.  Um, it also references checklists and manuals that   are housed outside of the unified development  code, making the updates to those checklists   and manuals a lot more streamlined. Uh, so that  when the submitt requirements are changed for, you   know, procedural reasons or for state law changes  that those are a little bit easier. um to amend um  

administratively versus going through the whole  code update process. Um HUD's UDC was another   um example that we felt uh really would inform  y'all's unified development code as well. Um the   the items that we really wanted to highlight  again were the structure um making sure that   that criteria is outlined in such a way that flows  really well and also incorporating flowcharts and   graphics. Um so I don't know about y'all but I'm  a very visual person and so when I go into a code   having it laid out to me three different ways is  always great. Um and so um that's really the goal   in both Becave and HUD as an example. Um providing  that clarity and transparency through the entire   code process. Um and then also um something not  not necessarily unique to HUD but something that   we felt needed to be highlighted was that the  important information was all at the beginning. So   the more common um development items were listed  at the beginning so that they were easier to   access for the code user with the things that are  a little bit more rare like variances and appeals   were at the end. Um and then third uh lakeway  subdivision regulations we felt uh warranted   highlight as well mostly for the Hill Country  specific regulations to address drainage runoff   and topography. Now, this doesn't mean we're going  to go and copy paste like, right? But what we   wanted to do is make sure to highlight that it is  possible to have those very specific regulations   to tie in to the topo that y'all are experiencing  and the uh the frontage to Horseshoe Bay.

And so, last but certainly not least in my  portion is the drainage and storm water item. So,   we felt that this really merited a highlight  of its own. Um, I would say maybe 75% of the   feedback that we got, if not more, was the need  for more clarity in the drainage and storm water   regulations within the code and updating those  in such a way that made it very clear what is   required and when it is required and making sure  that the city of Horseshoe Bay's requirements   align with the Highland Lakes ordinances and all  of the other um applicable codes and ordinances   um relating to drainage and storm water so that as  people are going through the development process   there aren't surprises, right? Um so if someone is  submitting a plat submitting construction plans,   the goal is to have it very transparent that this  is your checkpoint where those drainage and storm   water calculations and plans are required and  this is what is necessary to gain approval. So,   um, that's a very broad brush way to to  highlight drainage and storm water, but, uh,   the goal is to really, uh, amp that up in y'all's  code. And so, with that, I'm going to turn it over   to Rick on the engineering criteria manual. Um,  but we're happy to support in that discussion as   well. Absolutely. Thank you very much. So, I'll go  through this pretty quick. One thing to point out   too that's a little bit out of this presentation  is uh they did include Huau. They've been working   on this for about a year. Fortunitus is uh our  new director who will start Monday for development   services is from HUD and so he had quite a bit  of input into the creation of their uh their uh  

subdivision regulations as well. So that'll be a  little bit of a a leg up for us. We didn't know   that at the time but it just kind of turned out  that way. So for the engineering criteria manual   that's essentially so which you all understand but  just for the sake of everybody in attendance. So   chapter 10 is our subdivision regulations. There  are a lot of words and direction etc. What ends   up happening is uh and I'm not picking on them  but like similar to RTOR ranch is we have an   engineering firm that comes in and they have a way  of doing things and so they bring their brand to   it. We've sort of got to sift through all of that  uh send it to our engineers. We have this back and   forth. So the advantage of an engineering criteria  manual that's specific to us is it lays out all   the methodology, procedures, uh how we want to see  the calculations, formatting and all of that. So   it it a ensures that y'all are seeing the same  thing if they come to council or staff. We're   seeing the same type of information in the same  format each time. So we don't have to sift through   it. Uh I'm not dogging engineers, but they're  they're intelligent and uh not that they're trying   to mislead us, but they have certain ways of doing  stuff that things can get lost. And so we don't we   don't want to see that. Uh we we do refer to the  city of Austin in a couple of areas. And then we   also we have criteria. We have a drainage criteria  manual and a transportation manual and all those   things. And uh even the two that we have now don't  necessarily overlap in every direction. So there   is a little bit of conflict in that. So uh that's  all kind of blitzed through this. But that is that   is a part of this that's a little bit out of the  the planning scope section of it. But is something   that when we do this update updating that manual  at the same time is would be a staff uh request.   So that's pretty much it. Do you have lots of  questions? Oh yeah. Uh and then now the difference   between let's take let's go with drainage. Can  you hear me? Let's go with drainage first. Um,  

I understand we can come up with something for a  subdivision. What about an individual property?   Does that will this we'll be able to take some of  that in context from the from this part? Yes, sir.   Able to apply? Yeah. How how we'll do this too  is we'll provide them if y'all agree to go that   route, we'll provide them our current drainage  criteria manual and transportation. Our current   drainage does have a a single family residential.  Uh but one thing that isn't clear to it that we'd   like to update is there's we're not we're not  clear enough in my opinion of when it triggers   an engineering drainage study or even exactly what  that is we're wanting to see. There are instances   a lot of times it's with covert sizing and uh  if they're going to alter topography and they're   the last house. We have some areas, I won't say  them out loud, but we have some areas in the city   where they're sort of the last house in a row of  a hundred and maybe they undersized their covert   because they didn't study everything behind it or  upstream and so it can create issues. What about   now that we've we've studied these uh different  watersheds that we've identified properties that   people own that they'll never be able to build on  because of drainage issues. Uh that's that's more   in the drainage part. That's the program we're  developing the drainage and we are be looking at   those propert. So we'll have a standard that's  saying yes because right now there's nothing   I mean there's like I said people own properties  that once we get this we're going to say you can't   build on it. Yes. Right. Yeah. It's either that  or they have to do a drainage to show that that   they they will not impact upstream or downstream  impacts and they have to build around that. So   that's part of the criteria. Yeah. We we don't to  be directly we don't want to tell them they can't.   We just want to say in order for you to do it,  you have to jump through all of these hoops. And   if you can achieve that, it's okay. But we mostly  from the staff perspective, we want to make sure  

that they understand upfront, here's what we're  requiring and here's how we're requiring it so   that we get something we can actually evaluate.  I I guess my question really falls down to there.   I know of properties that that once we get all the  watershed identified that um these people did not   know they just bought a piece of property and now  all of a sudden we're going to say you can't you   know this is what's going to have to happen and  they're not going to be able to build on it. How   are we going to address that? Well, that's part  of the policies we developed with the drainage.   Okay. in because part of that might be that that  we have a purchase pro a program to where we'll   seek grants to purchase property that are  in the floodway. Okay. That that's part of   that development that drainage program because  that's because when the it was a buyer beware,   but we're I'm saying we're putting in regulations  after they had purchased this years ago, you know,   pos potentially that we're saying it's because  of these new regulations. What I'm trying to get   at is I want to avoid lawsuits. Sure. Yes, sir.  Very understandable. That's that's part of why   we write the policies and and regulations around  that because they can they can possibly make but   uh if they cannot then there are um there's  grant money and some other options. But yeah,   and then the city can u take action as well  if we wanted to. Well, and that's also true   with regard to all other aspects of construction.  That's right. Uh uh plumbing requirements change,   electrical requirements change. Uh yes, the  drainage problems change, but as long as there's   a way to build, we're not preventing building  requiring. And is this are are we changing things  

drastically substantatively or is this more of  a procedural so that people can find it better   type of so it's a bit of both. Um so there are  some of your your regulations that are currently   um on record right now that that do not meet  industry standards or state regulations.   So those will need to be updated and also some of  your regulations that you have updated from other   cities really don't um work with the topography  of this city. So we will be updating those   regulations and then we'll also be making sure  that we're streamlining the document for for ease   of use as well. It's very helpful to these folks  up here if we can have a red line approach so that   we can see every change that's made and why. Yeah,  we we do that. That is our that's our our internal   procedure. We always have that red line. We you  our archive folders are full of uh older red lines   throughout the project so that we make sure that  we are have the most up-to-date u redline document   as possible so that we can send that to you with a  clean version so you can compare. And I know that   Rick's been telling you uh about the intricacies  of our our community here, but uh I I find this   community to be very unique. Very unique. We  don't have schools. Uh we're not in the uh   position of of lobbying for big businesses to come  in necessarily. We don't have very very many red   lights. We like our small town community. We're  largely uh you know a lake and resort community   and uh while we don't mind seeing progress we  want to make sure that the the total aspect of  

our community is retained which I want to make  sure that we don't become a hutau or a lakeway   or you know every time I go to Austin I see that  sky water or whatever it's called over there sweet   water and it just in infuriates me because all  I see is, you know, Yeah. And we we understand   that and that's why we we make sure that all of  our regulations that we write are specific to   each city. We don't do a cut and paste. We we we  want to make sure we're sending every document,   every change to you all so that we can get an okay  from you all or from city staff. We want to make   sure we're having that that true open dialogue  with you all. Super. And then the the red line   approach helps us determine whe if we want to  u jimmy with that at all. And uh so before it's   finally adopted, we can we can play with that. All  right. The next question I have has to do with cut   and fill. Um is there any thing that prohibits  us from a state standpoint if we set standards   for cut and fill? um that will eliminate building  in certain areas because they're never going to be   if if we come up what I'm saying what I'm getting  to if we come up and say whatever the number is   for cut and fill and is there something that they  can go back to the state and say well the state   doesn't require that can we set up our own cut and  fill and and as a result that will eliminate uh   some areas for that they build on So the the goal  of updating the drainage and storm water section   will be to establish those clear criteria for cut  and fill. That is an extremely common occurrence   in this area, especially with y'all being beholden  to the Highland Lakes wershed ordinance. That  

in itself has cut and fill requirements  that we would want to be cognizant of. Um,   now to your point to say, well, we're going to put  X cut and fill requirement in order to prohibit,   that's really not the goal of that requirement,  but if it does prohibit um development in certain   areas, the code would have mechanisms for how  to development, how to develop properly for   that topography. All right. I don't know if that  answers your question kind of, but let me take   you to the next step. We have examples currently  of cut and fill That should never have been done.   Okay. So, if we come up with a new standard for  cut and fill and somebody says, "Well, you what   about over here or what about over there?" Are  we again uh in a a liability standpoint of No,   you're not. You can always change construction  regulations under state law. Okay, good. Right.   That's the right answer. Right. Well, I didn't  want the planners to have to give a legal answer.   Doie has spoken. Yes, I always give the asterisk.  We are not attorneys. We're the planners. U but we   can certainly tailor that in such a way that makes  sense for Horseshoe Bay. Okay. And also, I'd like   to say we've worked with with Doy before and and  we we work closely with the city attorneys to make   sure that everything that we're doing follows  state law um and making sure that we they're   reviewing it as well as you are because if we take  an aggressive stance on cut and fill, it's going   to make certain areas in Horseshoe Bay almost  unbuildable. And I just want to make sure because   I want to do that to to Jeff's point earlier. I  mean, that's how we preserve this community is   is by really here's your cut and fill requirement.  So, that eliminates certain properties and that's   a natural way to do it. So, that's going to be  the thing I'm going to be the most interested  

that and the drainage and how you guys resolve  that for us. When I will say a lot of the feedback   that we've gotten has been to clarify the code,  but I just want to make sure to reiterate that   clarifying is not making it easier on developers.  Right? So, we're our goal, our direction that   we've received that thus far is to make those  regulations extremely clear so that there isn't   that gray area where there's negotiating points  and legal questions. Um, the more clarity the   better in that regard. Well, we've had we've  had this code since 2007 and we've amended it   a number of different times. I can't find hardly  anything in there when I'm going to look. And to   your point, I it's important to make sure that the  inconsistencies which I have found on there become   the inconsistencies in a single place. Uh so, so  that's good as well. And I would say this also,   I'm glad to see that you've included the uh what  we call Ludac, which is land use development   committee's u assessment of what the community  really wants. And I'm looking at this, 82%,   well actually 67% want a lifestyle destination  community, a resort centered community, a lake   community, and active adult community. So we need  to keep that in mind as we go forward because I   I doubt Hutto is like that and I know Lakeway  is not like that. Right. Absolutely. Council,   do we have any other questions for any of them?  I just want to reemphasize almost the counter   of what you said. Um I'm hoping with this it  will change how a developer looks at certain   properties. Uh, I mean that's really to me it's  the idea would be it would reduce the number. I  

mean I understand what a developer wants to do. I  mean if they've got x amount of land they want to   put as many pl homes as possible. Well that  screws up our topography. So, if we take an   aggressive stance with these regulations, uh,  then they'll maybe go somewhere else or what   I've always said, build bigger houses on bigger  lots instead of smaller houses on smaller lots. Okay. Anybody else have anything?  Well, I think y'all have some He's not signed up. Can we let him speak? Typically, if you haven't  signed up your procedures,   sorry, but if you want us Oh, then  I'll rules or council object. Does   does the council object to Willie  Rinders who by the way is on the PNC and the LUD deck. There was just a couple things I  wanted to clarify. State your name for us, please.   Yes. My name is Willie Riners and thank you for  the opportunity of uh asking some clarifying   questions. You mentioned that u when you put your  schedule up, your overall schedule, it broke into   three phases. Uh the the adoption being in June  of 26. My first question is then assuming June of   26 is is the date when in fact you're through and  it goes for adoption. Does it come into force with   that adoption or does it is it adopted midyear  and go into force at the end of the calendar   year? How does how does that structure that that  can be up to the council if they want to Okay. So,  

we'll look at that issue. Okay. My next question  is and you also mentioned that as you go through   and do your updates now and continue to back check  against state and industry regulations that you   want to make sure that you stay aligned. Is there  some cut off where you say we're going to do our   work based on regulations in effect as of let's  say 1 December of 25 or if regulations changed in   the interim does it send you back to square one?  You you'll have that's really a legal question.   you'll have an effective date and then you'll have  to look at state law as uh what um amendments can   um proceed in projects from that date or whether  they can they have a right under state law to um   be have a permit acrew and so you're going to have  a combination of that but that's more of a legal   analysis. Okay. And I guess my third question  then is and thanks for bearing with me. Um, if things change, Mr. Jose spoke about the his  concerns with regard to cut and fill. If as a   result of your study that the engineering part of  cut and fill gets some rework, is it effective as   of the issuance or the enforcement of this new set  of regs or does it go back and say everybody's now   got to comply or does it only go with work to  be done going forward? it. There's rules under   state law which allows a developer to say I have  a permit in process and what regulations apply   to it or what future regulations this code would  apply on its effective date. The uh developer gets  

to pick and choose sometimes. So that typically  is a request through the planning staff, okay,   to apply various regulations either when the  permit was filed or when the new regulations   are effective. Thank you. Thank you. That's what I  was afraid of. So, we could be approving something   that falls outside of what our standards will  be between now and uh June 26 or the end of   June whenever that part. So, that's a possibility.  I just want everybody to know that. True. That's   true. That doesn't change anything though. Yeah.  So D, if I'm understanding, you have to remember   state law as a property owner, you can't um  alter the flood waters to cause flooding on   your adjacent properties. So there's still  that standard. So even though they develop   in our regulations might not be as stringent  as they need to be, they property owner needs   to be aware of they do something that's going to  cause flooding on adjacent property. Okay. Okay.   Okay, council, I will entertain  a motion which is on page 19   uh with any changes that you propose. Uh I'm  not sure we far enough along to propose any,   but anybody would like to make a motion. I move  to authorize Freeze and Nichols to proceed with   this project as presented. Uh motion by Mayor  Pro Tim Morgan. Do I get a second? I'll second.   Councilman Hosia and all in favor I I. All against  no motion carries. Proceed on forward to it.

Okay. That brings us now to item E on our business  which is approval of the public funds for public   purposes uh from the city council subcommittee.  Is Larry, are you gonna present that or Oh, Molly is Sorry, Molly. That's okay. You'd  like to make that that entry, don't you? No,   it wasn't. That went quickly at the end, so  I had to grab my stuff. Um, all right. Well,   good afternoon, Mayor and Council. I'm here  to talk about uh the public funds for public   purposes. There is a subcommittee which consists  of Larry Morgan and Ela Wadell. They have reviewed   requests from four nonprofits. They are as  follows. CASA for Holland Highland Lakes,   Phoenix Center, Leno County Child welfare  board, and the Hill Country Children's   Advocacy Center. And they want funding from the  Child Safety Fund. They all agreed on it. and   um they are all all four of those are eligible  for the child safety fee funds. The subcommittee   um did approve it and they're recommending city  funding in the amount of 15 $1,500 to each of the   four organizations I just mentioned and they are  the same four that um got funded last year. And   we have this amount to do every year. And the  only criteria is that they support uh programs   for child safety, health or nutrition including  child abuse prevention and intervention and drug   and alcohol use abuse. Correct. That is correct.  Okay. Uh anybody have any questions for Molly?

Uh I will entertain a motion. It's on page 39. I move to approve awarding $1,500 each to  the Phoenix Center Kasa for the Highland   Lakes Area Lo County Child Welfare Board and  Hill Country's Children Advocacy Center from   the Child Safety Feif. Councilman uh Weatherby uh  gives a motion. Anybody second? Second second by   Mayor Pro Tim Morgan. Do I hear a uh all in  favor? I. All against no. The eyes have it. Moving along. Uh me again. Section F. Yes. Molly. All  right. Approval of a resolution 2026-06.   We are confirming our authorized designs for a new  account u with regions bank and authorizing all   necessary documents. Um we're authorizing callback  designineses are as follows. It's Rick Williams   our assistant city manager myself the finance  director and Beth Coun the senior accountant.   with the finance director. I'm only able to  execute the documents to maintain and manage the   account. I'm not allowed to move any money. And  this is the account that was set up recently for   the summit payoff. Correct. Is that correct? Okay.  That's not funded yet. That's not funded. And   hopefully that's next council and it'll collect  all the assessments going forward. This sets it  

up then. Correct. Any questions for Molly on this?  I'll entertain a motion which is on page 2656. I move to approve resolution 2026  confirming authorized designates   from a new account already previously  established with regions bank and   authorizing all necessary documents.  Motion made by Mayor Pro Tim Morgan.   Do I hear a second? Second by council member  Guadell. All in favor? I I. All against no.   The eyes have it. Passed. Uh G. Approval  to award a contract for cleaning services. Good afternoon, Mayor and Council. I'm Molly  Jester and like to introduce Robert Isaac.   He is the city's um purchasing coordinator and  recently um to ensure compliance with the city   our procurements uh require an RFP or a request  for proposal for services exceeding a 100,000. So   we init Robert initiated an RFP for our cleaning  services. It was posted on the website. It was   also published in the Beacon and the Lano  News. And in addition to the public notice,   the RFP was distributed directly to the current  service provider, Lons and Moore. I'll let Robert   uh Robert is the one um this is a new  position that we've hired or actually   um just made it citywide and um this is one of  his first ones being citywide. And so I'll let  

him take over and talk about um how the process  went. All right. Good afternoon uh mayor, council,   all in attendance. Uh so uh we put this RFP out  for uh cleaning services. Um like she said on   those uh dates it was published in the newspapers  in the city uh on the city website. We had total   of eight responses uh to this here RFP and um  so we uh once we got all the responses back we   um open those um up to the public um um they was  due on November the 12th. And so once um once they   was open we formed a committee. The committee um  went over each one of those and you you'll see all   of this in your paperwork. So, I'm just kind of  just briefly going over it, but um so we opened   it up um to the committee. The committee uh took  it, looked through all of the RFPs, everybody came   back and we collaborated on those um on those um  findings that everybody found. Um we voted on on   those. You'll see um on pages um 64, I think. Um  yeah, 64 and 63. Um you'll see like some samples   of the committee scorecards. You'll see the master  scorecard here on 64. And um and after that um we   all came into agreeance that Davis Moving Company  was would be the um best choice for the um for   the city. And and we use this evaluation uh chart  on page uh 61 to come up with those uh uh answers   to those questions that we had. Um, also it um  is it it um studying the RFP we found at Davis  

uh had like a lot of things that we was looking  forward uh for going into the future. Um and it   um looked like it would make a a good relationship  with that. Also, if you uh keep turning,   you'll see that um in this group um on page uh 65,  you can see how everyone else scored. um um on the   cleaning services RFP bid short you'll see on the  committee ranking how everybody uh how how all the   other um respondent scored and if you turn to page  uh 100 you'll see how uh that'll take you into the   RFP but it also show you how Davis company broke  their pricing down um and um you'll see that they   was basically in the middle of the road on pricing  but Um and that was um part of the um evaluation   also on pricing overall. You will see that uh  from probably from um this um pricing that we   got right now that we probably are saving. I don't  know what percentage it would be but we will have   some savings in our cleaning uh services on that  too. Over and beyond what we're paying right now.   Um yes. Even with the new building? Yes. Yeah.  The if you look on that page where they're listed   um with the committee raking, you'll see in  highlighted in yellow is the Davis moving   cleaning. Their yearly cost is 56,000. And  our current vendor is Lawns and More and they   were going to bid 104 which included the new city  center. So kudos to the group and to Robert. Good   job. Wow. That's why I say Robert was a really  good choice to uh create a position on purchasing  

for the city and we did it for utilities for I  think five years. Uh he was uh four years he was   in there and then he started doing the city and  uh this is the result of that. We're able to find   that there are savings that that we have out there  by doing the request for qualifications as uh the   city grows. These prices are all over the board.  They are. They are. Wow. Good job. Um, okay. Any   questions for Robert or Molly? I will entertain a  uh Oh, I did have one other question and that is   maybe it's a legal question. Uh, I noticed that  there is a $1 million insurance uh policy that   this company holds and probably all the companies  hold about the same. I don't know. They're going   to have access access to computers and all kinds  of technology uh which has sensitive information   on it. I'm just wondering just thinking aloud  is this an adequate amount of bonding for the   company. Typically the cleaning companies don't  touch the computer equipment and maybe um staff   can get with them and make sure that um they don't  touch the computer equipment. I don't know. Um,   as your other question about um illegal access  to like an employee comes in to clean and then   they just all all of a sudden access a computer  could happen. I don't know. Anything can happen,   I guess. Yeah, I understand your point too.  Uh, I think as far as the computer systems,   everything is protected with passwords and and  authentications. However, um you know, they're   going to be in buildings where there is sensitive  material and everything else. And I think there's  

a certification program that they go through.  Uh that's um part of that. I guess chief she's   going to touch on that. Yeah. For those sensitive  information, uh C just requires us to fingerprint   them and check their background and all of that  stuff before they're even allowed entry into the   police department. That doesn't necessarily go  for the new city center or this building, but   uh to come into our facility, they have to meet  all those certifications, which is pretty much   the full crew. Can we not standardize that all  buildings? I like the idea of everybody. We can   I can give a nod once we get those fingerprint  results back and all of that. So, do that. Good idea. Would anybody like to make  a uh motion on page 60? And you may   or may not include a amendment  on there for the fingerprinting. I don't know if that mixes the contract or not,  but is there would that have an impact on the   contract, Robert, to all of them? According to the  RFP, all of their um employees are fingerprinted.   And um I think if you go I was looking for  it. I think it's to the closer part of your   um front part of the RFP. It talks about  um where um all of their employees will be   um fingerprinted. They all have um IDs. They all  um and then they also have on-site supervision   with them. Um, so, uh, I don't foresee that  being a problem. Okay. Um, um, and like,   and like you said, we we also have the sieges,  uh, um, certifications. I may be splitting hairs.  

I don't know. Um, any other questions? No. Robert  or Molly? Uh, I'll entertain a motion on page 60. I move to approve the service agreement with  Davis. moving and cleaning for cleaning services   pending review and approval of the city attorney.  It has gone through right and we did review it.   We did approve it. Thank you. And the only  thing they follow up on is the House Bill   1295 form with the city secretary. So somebody  will need to remind them to send that in. Oh,   we did that. It's in here. We have a  motion by Mayor Pro Tim. Do I have a   second? Second. Second by uh council  member Wadell. All in favor I I. All   against no. The eyes have it. We're going  to be clean again. Uh okay. We have now uh a request to consider a uh the Waters Condominium  Association uh change uh from to a lower gallon   usage for their water from 5,000 to 2,000 gallons  per unit. Yes. Uh we have David Lan who is the   president of the water POA association. would you  like to come up and and make a request? Um with   the I'll just kind of summarize the request as I  have it. There's a request uh on um waters is a   uh a single metered u for the city. It's a single  meter that feeds the buildings there. So they   have multiple meters that are feeding the bigger  structures. Inside of the structures, they have uh   meters that for each one of the units, those are  called submeters. That's required by state law  

to have submeters. And so the city charges a uh a  fee based on the size of the meter, which is the   um the meter that serves all of the unit uh in  that one building. And then they're inside of it,   they have these units broken up of that. So each  one of the units the city charges a fixed fee and   then there's a variable fee component to that.  And so what they're looking at is um they as   an average the waters units does not use 5,000  gallons which is included in the fixed fee cost   associated to that. And so the request is to come  to the city and request that that that fixed fee,   which is 5,000 gallons, be lowered to a lower  number since on average they don't use that much   water in there. Is am I right on that? Uh yes,  sir. Uh Doug Land, uh president of the waters   homeowner association, we we've done a thorough  analysis for the last several years and we've   never averaged 2,000 gallons per unit. So that's  why we're asked for a reduction. We feel like   we're paying for 5,000 and we're only using 40%  or less of that water. So we we would request that   we be considered for a reduction to a 2,000galon  minimum. And so in in and this this has been this   way for Horseshoe Bay since the 27 years I've  been here as we look at it is uh because there   is a fixed fee and there is a variable fee. So  everything after 5,000 gallons has a higher price   to the to the gallons used. Obviously those are  tiers rate is used a lot more water then there's a   lot more infrastructure costs associated with that  but it was always considered for the stability of   the rates from the beginning because there's so  many condos that were here uh in the beginning   and it still remains that way. There's a lot of  condos that there was 5,000 that was part of the   fixed fee that will be thrown in there kind of as  a uh kind of as a carrot to to be part of the the  

fixed fee. The fixed fee uh is the majority of  that is is not that 5,000 gallons. The fixed fee   of that covers all the fixed cost which is all the  water meters, the maintenance on the water line,   the line structures, uh and then and then the  the the physical plan itself. And so there's a   fixed fee that we have which is a stable fee that  that kind of runs the majority of the city and   then there's a variable fee which is based on the  usage above that. And so that so all of the fees   that we have were associated with that fixed fee  and that variable fee. And that 5,000 gallons is   uh is not linear. So, if you were to take the $40  that that is that fixed fee per unit in there and   divide it and take that 5,000 gallons, it's not  five, you know, 40 divided by five uh is that   number. So, the number would be uh much less than  I think what what you're thinking it would be.   It'd be a very small percentage of that fixed  fee. How much is the fixed fee? It's uh $4060. So they're being asked then to reduce $40. Yeah.  Per per unit per unit in there. And so and part   of that would be they would like to represent  that that fee would be reduced because they   only use say 2,000 gallons per that month uh  in there as an average. Now when we do that,   so let's say the building has 25 units in it.  They get a $5,000 5,000 gallon credit for that.   So any irrigation u also the fire infrastructure  is connected the buildings they don't get charged   for that. So part of that fixed fee is that  that cost associated with you know providing   fire service and everything else in there and  and it's it's like I said it's not linear that   you know you take the the $40 and you divide it  by five and then you drop 3,000 gallons off that  

it's not going to be you know but $20. It's going  to be it's going to be somewhere you know within   that. So I I don't know if I'm making it trying  to understand that it's not linear on the dollars   that was that was created to to have some 5,000  gallons in there to create stabilities in the   rate and also to allow most of the um the units  out there to uh have 5,000 gallon credits. So if   they had irrigation on their system, it would also  include the irrigation without having them to pay   a higher fee. Well, almost half of our being loose  with the numbers, but almost half of our residents   are not full-time residents. That's correct. And  so, their houses or their condos or their town   homes are vacant a lot of the year, right? We'd  be asked to reduce theirs as well. Yes. Across the   board, it would be pretty much across the city.  We'd have to change the rates. And I'm not a I'm   not opposed to that. I think that's probably  something that we could look at. And you know,   I think in September we talked about uh that that  this year the staff was going to be looking at   a rate study and you do those about every 10  years to really look at to make sure the cost   of services within the rates are uh up to date  and and inclusive of the numbers they need to   be and and uh we had already started the process.  In fact, I think uh Rick and uh Ray Garcia, the   two folks that are over the the top of the water  that would do this study, have gone to a course   in Florida that was related to it. And so we would  go back and look at that. And I would suggest that   we go back and look at it and say that we don't we  look at it two ways. One, the way we're doing it   now where that's inclusive that 5,000 and and then  we would go back and look at that without having   it just having a pure fixed fee. And then but then  if we do that then there would be no credit to the   volumetric charge going there. So any charge would  go through it would be there and so you know we  

have to look at what that fixed fee would be and  what the stability of the rates would be. So given   the fact that we're already studying this and and  hopefully we'll have a resolution by next year.   What is what is staff's recommendation as to this  to be fair not only to the waters but to all these   other Yeah. I would say we we we have to deny it  at this point in time, but it is something that we   need to look at with the rate study coming up. And  I would say we would use this as a good example to   to look at the two options of whether it's good to  have this fee in there or to not have this fee in   there. Uh because I think if we looked at this  um one, it wouldn't be it would kind of affect   the stability of the rates coming in right now to  pay for the water system, which could cause some   effects because it would have to be applied fairly  across the board. So it's not just the waters that   would have to do this. We have to do it across the  board. And the other way is that with the with the   credit in there, the irrigation systems that that  are utilized for this or the fire systems might   also have an impact on it too. That that would be  more expensive if we do it, you know, with a fixed   fee that covers that cost without that 5,000 in  it. Council, do y'all have any questions for Mr.   Land or for Mr. Lots of questions. If if I may one  quick clarification, our irrigation system is not   on the city's water system. We have a contract  with the LC to draw water from the lake. So that   we're not using water for that. So that's part of  why our our average usage per homeowner is, as I   say, has never hit 2,000 gallons and we've got 222  homeowners now. So that's part of our reason and   and I agree that that's the truth. There there are  some condos that are on the water that pull from   that. Some don't, some do. in our our assessment  uh when we go forward. Absolutely. I lived at the   waters for 13 years. Y and uh I I paid manol. I  don't know if Manol is still in Still is. Yes,  

sir. And uh it was constant for those 13 years  and I was here a grand total of three weekends   a year typically. So that's why we're trying to  save our homeowners a few dollars. We know it's   not going to be a big number, but yeah, we we  would like to save them a few dollars. Who owns   the submeters? The uh waters. Okay. So, basically  all we do is we give them a flat rate for whatever   inch pipe that is to the waters and then that's  their management then subdivides. This disperses.   Yeah. That's okay. My suggestion is that we  establish a 5,000gallon rate, a 3,000gallon rate,   a 2,000gallon rate, and let them decide what they  want because there's too many variables here that   I don't know that Doug and his people have looked  at all of it. And I'm not sure that if we've got   an an all-inclusive rate and I don't know how  their management company is subdividing. So,   you know, I I rather than us getting I mean, this  one says that we would approve them reducing 5,000   to 2,000. I think we should just approve having  additional rates and let them decide what they   want. Do you understand what I'm saying? Kind  of. But I think that that also it goes across the   board. So, it's it would be a different it would  be rate for all condos across the board. Well,   let's let's let the congress make that decision.  Well, but I think that the law requires you to   do the rate study. If you're going to vary  rate between people, you have to have a study   that justifies the study. But but not only  that, um I think with the u if we do that,   then I think the cost is going to go up. Uh  because our fixed costs will go up because we   have to cover our expenses. So if we look at  that rate and we look at those fixed costs,  

those fixed costs are going to go up across the  board on everybody. those that don't use water   are probably going to pay more because that it's  based on that fixed cost being distributed across,   you know, a multitude of of um units and also  on the volume. And so the it was originally that   5,000 gallons was included to ensure that most of  the condos didn't have to pay additional fee. It   would be a flat rate fee so they can know what  it was going to do and especially when you have   a master meter situation where you have that and  that's why you pay Minnow I think is the name of   it they also distribute it and they look at those  submeters and they bill based on that submeters   whether it's fixed rate I don't really know um you  know after after we we send them one bill and then   they take it and disperse that and I think they  they look at the sub meters they're not using   variable rate it's divided by 22 22 homeowners and  each person gets the same bill. Yeah. And I don't   know if that's fair, but we can't we can't really  say what I'm saying what that is. It really should   be by by volumetric rate, you know, it from there  from the null to do that. If you use the rate,   you should be paying it, but it should be  a base rate. But I we don't have any effect   on that because you're not getting a bill from  us. You're getting a bill from right. Yes, sir.   That's correct. That's that's my point. That's  my point right there. And if I'm reading this,   we're talking about changing it from 5,000 to  2,000. I don't think we should do that. I think   we should we should have a rate, a table, and then  let them decide what they want. Well, that's what   we did. That's what we do. I don't see that. It's  it says we're changing it from 5,000 to 2,000. No,   that's their request for us to drop that 5,000  down to 2,000 in our rate. I'm saying if if if   we were to do that, if the council decided to do  that, you'd have to do it for all condos across   the board and then and before you do that, what  what I'm saying is is we should take and finish  

up with the study that we're planning on doing  well, we're starting to right now in January, we   start the process of doing the assessment and then  bring that back to council and say here's the cost   uh of service to do these rates and to make sure  because the most important thing is to stabilize   guys have a stable water uh fund coming in so we  protect that. So I I understand that part. I'm   still stuck on this. We're we're developing we're  selling them 5,000 gallons per month, right? Their   management company is dividing it up and charging  the individual homeowners. We don't have anything   to do with that. We're we're basing on a five uh  a 4 inch meter going into the building. So 4 in   meter we got a monthly charge of X. whatever.  Yeah, that that is that's the $4066. All   right. So, and they get a credit for 5,000 gallons  basically. So, they don't pay anything above that,   but they're saying is well, we're we're closer to  2,000 gallons a month. Okay. We should be charged   we should not have a credit. We should lower  that that fixed fee to a lower number. But it's   not linear. That's what that's why I'm kind of  making sure you understand, which I think really   is between the condo owner and the condo. in their  management company. Yeah. In their management.   Yeah. I've not We're We're good about handling the  building inside our organization. That's not the   issue. Yeah. We just feel like we're paying for  5,000 gallons. And as I say, we've never exceeded   2,000 gallons per unit. So that's why we just  feel like we're paying for something that we're   not using. I understand Doug's point here, but  where I'm still confused on, how does that affect   anybody else? If all rates are going to be, you  have to have a class rate across the board. So   multif family rate. So So do we have a class  rate now for 2,000 gallons for for multi multi   uh customer? Yeah. Multi Yes. So customer class,  which anything that is a a meter that serves more  

than one house. So if it's a 2 inch meter and it  has four units on it, four units pay the base fee   that Okay, I understand that part. I'm still  stuck with if if they're requesting 2,000, we   have a rate for 2,000. That's what I'm getting at.  So that's we don't have that's the issue. Yeah,   we have to do this until we have rates, but  I think we should have multiple rates. Well,   that's a discussion for another day. Yeah, we get  that study in. Okay, we do have a multiple rate   system, but it starts at 5,000 above. Okay. So,  that's what it Okay, now I understand that. So,   Doug, do you understand where where we're at here?  I think so. Okay. So, so until we finish and and   Rick, when will that rate study be finished?  Yeah. So, a couple things with it. We'll start   and look through it. One of the things I'll be  very brief because I know this has gone long,   but uh to reiterate what Jeff's saying, we have  water plants and water towers and chemicals and   pumps and we have those things whether we do zero  or five and so we can go through that. I do want   to caution though, like you was saying, we have  to make it consistent. The state requires it be   consistent. It's a class. So we can reduce to two.  What what we would do in that instance I think is   we would say that it's the base cost including  2,000 gallons are free. It's everything from two   to five is additional cost. Yes. Okay. You got  to figure your it's your cost for delivering the   water and then how much you're going to. So I have  that but but right now we can't we can't do this   because we don't have a 20 six to nine months is  what the class in Orlando said it would take us.   Okay. Any other questions? I'm good. You all right  with that? Mr. Land or Mr. I understand that. So,   yeah, we'll Okay. We'll we'll sit by and hope  hope for good results. Okay. Yeah. Next year,   Mr. Land, when we do work through this, we will  sit down with you and and kind of work through   the process and show you kind of where we are.  We certainly want to be transparent about this.  

It's not like we're trying to take money out  I understand the process. So, no, I genuinely   appreciate it. Thank you very much. Great. Okay.  I'll entertain a motion which is on page 113. That motion is tableing this. Is it not? No.  No, we've got to deny it. Okay. All right. I   don't have front of me. So, anybody have 113?  I do. Read I move to deny the waters homeowners   association request to reduce the water allowance  from 5,000 to 2,000 gallons per unit and direct   staff to continue the comprehensive water  weight rate rate analysis or presentation   during the July 2026 budget process including  an example of how the waters request would be   addressed through the rate study. Motion by  council member Weatherbe. Do I have a second?   Mayor Pro Tim Morgan. All in favor? I I.  All oppose. No. The eyes have it. Motion   denied. Okay. Now we uh come to our public  hearing and I am going to open the public   hearing at 4:24 and it's uh a request for  approval of assigned variance number 2025-03. um to Horseshoe Bay and Buffalo in zone three.  Sandra, mayor, council members, um let's the   um the applicant is a Horseshoe Bay Resort and  they have recently Well, let me start it back.   This is Horseshoe Bay Boulevard and this is a  little street called Buffalo and it's a private   street and this is an existing tennis court right  here. And the resort has recently built a an event  

pavilion right here and they'll be opening that  fairly soon. And I'll show you the site plan   in a minute. And they have built a parking lot  in this area right here. And they are um right   here. So Horseshoe Bay Boulevard is out here.  This was Buffalo. And it's just leading right   into the parking lot. And right here, so you can  see it coming in the entry drive. Right here where   we've circled it and kind of highlighted it in red  is where the sign would be located. And they're   asking for a sign that is our sign requirement  is uh 5 1/2 ft and they're asking for 7 foot long   sign. So they're an inch they're they're a foot  and a half too large. And you can see right here,   this is the the parking lot and the median and  what their sign would go. And as you can also see,   the sign really does um use their their same  the resort same um look, the same stone,   the same lettering, the same metal, and it's  very complimentary and very consistent with   other signs for the resort. And by carrying those  elements through all of their signage that it does   help with the wayfinding. Now the sign is like I  said it's only a foot and a half too long in this   direction and the height is perfectly within our  limits as far as the height goes. As you can see   it's a low sign right here. So there's no issue on  the height of the sign. They've also committed to   um international dark skies and the appropriate  lighting that goes with the international dark  

skies. Um what I'd like to go back here and  explain is that Buffalo is kind of a long little   street. This is 450 ft long. So, this sign is 450  ft away from your major travel lanes in the uh in   the area of Horseshoe Bay here. Nobody's going to  be traveling down here unless they're coming to   this heart of the amenity area. So, these are  your travel lanes here and this sign is over   here and it's 450 ft away. So staff feels that  the proposed sign of size of the sign is really   appropriate for the distance it is back from the  main travel way of Horseshoe Bay Boulevard. And   the applicant is here if you have any questions  of them. Uh Ron, are you the applicant? Wes. Wes, uh do you have anything to add? Hi y'all. I'm Wes Kanig with Prevail Project  Management and we uh manage the commercial   construction uh for Horseshoe Bay. Um yeah,  I think everything that Sandra said um we   feel like I think the big thing on this is it is  very far back from from the main path of travel.   Um the sign uh there's been various signs around  the resort which have been redone um and so it   matches those same signs. There's also uh you  can't see it on here but let's see. So Buffalo   comes down here. you've got on the your parking  lot is right here and there will be gosh darn

there's landscaping uh which basically so you have  Buffalo Buffalo comes in and there's landscaping   on both sides. So realistically from Horseshoe Bay  Boulevard you're not going to be able to see the   sign. Um so ultimately um you know I think the big  thing is this is a a big pavilion. There's going   to be lots of people coming to it. We feel like it  it it stays in line with the size of the building,   the aesthetics, etc. Will you have a sign on  Bay West, a smaller sign? There has been uh   on Horseshoe Bay Boulevard. There has been  a there's been a request a permit request   submitted for a directional sign there. Okay. As  well, but that falls in that falls in line with   the signage requirements. Okay. Any questions  for any of these folks? We have a varants on a   signage here recently, two, three months ago.  And can somebody remind me what that was? The   one on Caprock. The resort The resort has received  three signed variances. The first one was for the   Caprock Clubhouse and that was several years  ago. Then they received one for within the   last year and a half for the um golf academy.  Golf Academy. And then the most recent one,   which was just a few months ago, was for the new  clubhouse in Summit Rock on Summit Rock Boulevard.   This sign that they're requesting is smaller  than those other three. Any other questions?   I have no issue. I'll entertain a motion.  Oh, can you close the public hearing? Oh, I have to close the hearing before the Okay. Uh,   I'm going to close this public hearing then  at 4:31 p.m. I'll now entertain a motion which is on page 117.

I'll let you buy a vowel if you Can I give the motion? I'm going to give a  motion. I move that the city council approve   the signed variance request for the event  pavilion located at 1112 Buffalo. Do I hear   a second? Second. Second by Councilman Weatherby.  All in favor? I. I. All oppose? No. Motion passes. Uh, now that brings us to our consent agenda. And   um first of all, does anybody want to take  any of the items on the consent agenda off   the consent agenda and debate them. No.  No. Uh I will entertain then a motion to   u approve the consent agenda. Move that we approve  his senate agenda as presented. Uh council member   Hosia gives the motion. Second. Second by  mayor pro Tim. All in favor I. I. All oppose?   No. And the eyes have it. Consent agenda is  approved. Uh, now we go to monthly reports. Yes. I'd like to thank I'm sorry. Go ahead.  I I'd like before I forget to ask Frank   to give a little monthly report on our  water issue that that happened up at the   uh the notice notice provision that  happened close to the airport. I've   talked with Ry on this. Uh I traveled the the  route. I went over what they had initially,   we're talking about the high zone.  Um, and and to make the connection,  

they had to shut the water off for eight hours.  Did it turn out to be eight hours or quicker? You talking about during the leak?  There was a leak a while back. Okay. Why don't you Because  I'm not sure about this one. So there was a uh connection made at that away  from a developer for a subdivision Tres Vistus   Tres Vistus subdivision. So it was a tie-in  that we had there. Um the communication went   out to specific uh folks there in the area where  um to the best of our knowledge that we knew they   were going to have water outages. Uh we had a uh  communication blast sent out by Cindy and then we   also uh had the developer and his responsibility  to go doortodoor and talk to the folks uh that   were going to have the water outage. So that was  also done and there was no communication. Then   the flyer was left in the door and I think even  Cindy uh can say uh as well uh that she was also   uh talked to while she was uh sending out the  blast on that same day. Um there may have been   others in the area from what we understand that  um uh either didn't see it uh or or not signed up   for that communication blast is from what we  understand. But uh all efforts were made and  

and again to make sure that we had a 40 hour 48  hour notice and then also the developer to his   credit they went door to door and uh spoke to the  folks about the connection that we had and it was   uh less than four hours. We had put out eight  hours but it was less than four hours for the   connection. I think that's very appropriate. Uh  the the problem we do get into I think is that a   lot of these folks either don't use technology  or never go in their front door to check   uh door hangers. And if it's a small enough  area, uh, we I think it would be good for us   to look at perhaps individual calls on, believe  it or not, they still use answering machines on   their answering machine or voicemail. Right. We  have the capacity to do that, too. If it's small   enough. Yeah. We and Ray and I talked about it  and we're going to get with Cindy on it because   this particular instance it was uh the water  was shut off on western bit and Ross Johnson   who's 99 years old and his wife is 97 and they  had no knowledge of this. Um and so and I think   it's just that they have no reason to go to the  front door and they're not part of the blast. So,   uh, you know, we have to some of these cases  we're going to have to go above and beyond. Yes,   sir. Knocking on doors or making phone calls. And,  you know, if it's small enough, we can identify   what houses are going to be impacted. If it's too  large, then a citywide blast might off the phone.   Yes, sir. We did talk about that about if we don't  have the proper coverage or we don't know exactly   who's going to be affected that we just do a  citywide blast. And again with the technology   issue um there was also a recommendation by Mr.  Fan too that we use the u his his message board  

and we set that up uh for traffic uh in and out  of certain subdivisions as well. So, um we we'll   we will continue to improve our uh information  dissemination and uh um we'll use whatever assets   we have to uh make sure that our our citizens  are are notified. Good. Um while you're there,   you might as well give a quick update on the high  zone and when you see that because that'll be the   next water shut off. Okay. So, we'll have to Yes.  do the extra. So, uh, there was also some issues,   uh, that we, uh, Frank and I, Councilman Jose  and I met on and, um, we, as he started, uh,   to talk about, we took a trip on the high zone.  Uh, there was issues with the street condition and   there was some issues uh, where uh, folks thought  that the temporary repair with the cold patch that   that was what the city had allowed and that that  was it. Uh that is uh obviously uh that was that's   not the case. Um right now it is cold patch and  it is what it is in terms of the patch that they   lay over the areas where we had laid uh the high  zone uh transmission main. Some of the things that   the uh folks were um had issues with is when you  run over that cold patch um it it shoots up and I   think we've all experienced this where it shoots  up into your uh fender wells of your car and it   sounds like the well the rocks are hitting your  car. So, um, some folks made mention of that and,   um, made some adjustments with the contractor  and asked them to, uh, sweep everything,   including the cold patch that they put over.  Now, keep this in mind that the cold patch,   um, there is, uh, Tim, if you help me on this,  this 45 degrees or and rising in order for that  

cold patch to stay on. But again, um because  we uh wanted to uh do right by our citizens,   um I asked a contractor to sweep not only streets  uh where excess material had fallen onto, but also   to sweep the dirt of the actual patch. They looked  at me like I was nuts, but um I was serious about   that because we did have some issues with some  folks. So again to remedy that I just I told him   I said I it doesn't matter just please sweep the  dirt patch as well. So uh in regard to that um we   are uh and to Tim's inspection and to Councilman  Hosea's inspection and anybody else that drove it   um we are constantly monitoring to monitoring  this job. So um I'm out there three or four times   a day. uh my assistant director Cody Martin  is out there all the time. So again, moving   forward with that, the remediation has started.  So there's a lot of cleanup happening and we are   also addressing issues with the public in regards  to that. We are in the uh last phases of our uh   testing and inspection. We can't cover anything  and we kind of explain this out. There'll be an   article coming out here uh Cindy. Oh, it did come  out last week. Well, uh, we wanted to make sure   that the public understood as well in that article  that we, um, can't cover anything up until we know   that the actual high zone transmission main is  inspected and it's passed the required tests.   I I think to uh, it's the cleanest site I've ever  seen, but there's the misconception here is people   see cold patch and they thought that was the  final product. And this is it's a perfect example.  

We cannot communicate enough. We have to do  constantly just I mean even though you would think   that that should be enough but you know all it  takes is one person who talks to another person.   You see that that's look at our road now it's got  this patches and that's that's what it was. So   so to Rey has stepped up and made sure that the  contractor and I'm telling you what I've seen a   lot of construction site. It's the cleanest site  I've ever seen. But people have misconceptions.   It's It's not done, but they think it's done when  they see a cold patch and there's still holes in   the ground on the I I don't understand it. But we  have to Sydney and I and anything and everything   we can do to market and continue to market. I  mean, this is not one of those things you do   once. You got to do it repetitively because it's  just takes one person said, "Well, did you see   this?" And then I guess it goes like that. So, we  can also set up, excuse me, sir. We can also set   up the message board on that one as well, saying  that these are temporary repairs. And if you have   questions, I think that any of that signage that  we can do and keep it up there makes sense to   do. We will work with the the budget one to make  sure they got message boards for our construction   projects and two that is why Cindy has come  aboard our communication. We have been trying   to kind of continually expand our communication.  Are we there? Obviously not. But I can tell you we   will use media um and and even presentations or or  videos on our YouTube channel if we have to to try   to get that through. So I understand exactly what  you're saying. Again, we're crossing all the tees,   but we have such a diverse uh community. Yep.  And the technology gap is incredible. I mean,   some people don't even know what YouTube is.  Okay. Um, so yes, that catches some people,  

but to me, the the home run here is like we did  for the streets, Tim, that you did on the if we   do that in any construction site with messages  saying this is temporary. We have to finish   this. We're still testing any of that information  that we can put out there on an ongoing basis.   that will be the most effective communication  because otherwise unless we go door to door   and talk to everybody and that does and that's not  realistic when we can we should do that. Okay, we   do do that. I know it kind of my report too what  Frank was saying is that you can't communicate   enough. I I always read next door and it got to be  a big long deal like oh city doesn't care it's the   worst side ever blah blah blah. I called Tim and  and I guess he got with with and you know it just   you know the only thing that I would suggest is  that you know maybe they were talking about gas   cans being left open on the on the site and this  and that and the other. It's it's not the it's not   the cleanest site. I saw a very clean site today.  Uh but anything you can do to I think I think   uh they said Cindy wrote an article the beacon I  I haven't seen anything on next door since then. Okay. Any other liaison reports or excuse me um  any departmental reports? Well, I was going to ask   Ray to uh do what you just said and then I think I  was going to ask um Tim to talk a little bit about   his uh road project. And I don't know if Bucker or  if you want to go Well, we we go ahead because you   can talk to it better than I can, but uh uh he he  kind of went through what is in progress and where  

we are and everything. And and like I say, we went  out and saw project today was just really nice. Good to hear. Okay. So, Buck Buck and I, Councilman Weatherbe  and I did go out tour the road work that we have   going on uh throughout the city. So, as of today,  Deep Canyon, Swear Engine, Prairie, and Long   Shutter paved. They've been paved, backfilled.  We're going to shoot hydro seed probably within   the next week or two depending on the weather to  make sure uh it's conducive for that. We also are   working on the Mountain Dew Chameleon Whitetail  area. Uh all of the new drainage structures have   been put in place. The head walls are up.  Everything's good there. We've got road base   down. We've backfilled all of that already. So,  we're probably going to the whitetail chameleon   area probably first or second week of January  again weather permitting so we're coming along   great we're uh doing well and y'all just approved  the change order for them to continue down there   so we're way ahead of the game excellent thank you  all you have any questions any questions okay Jeff   anything else no sir Okay. Flashes of Elsie there.  We'll talk afterwards. Uh okay. Uh I then will   we we're about to go into executive session.  Uh relating to the Michael R. coffee claim,  

including but not limited to the affidavit  of protected perfected claim of lean, city of   Horseshoe Bay, UCCC financing statement, Texas  uh secretary of state filing number 256977595, commercial invoice number HSB-81825-1, and account number MRC-2025-818. And we're going to go into executive  session when we recess for a consultation   with our city attorney uh pursuant  to Texas government code 551 uh 071.   So I am going to recess u our convening  into session and we will convene after uh   executive session. It is 4:47 and no action  will be taken during the executive session.