City Council - Regular Meeting

like to move it to Tuesday and take that action on the next. Is that something that we can vote on now? No, sir. It'll be on the question. Um, we had hoped to have it on this agenda, but we had sent the agreement to LTS. Um, they sent back their redline version of the agreement. Our attorney didn't quite agree with everything that was in there. So, we're still working out those details.

Thank you for sir. I hope to bring it to you at the first meeting. What did they want to change on the um primarily they had redlined some issues regarding air rights. Um what rights conveyed with the property minerals?

All right. Motion to workshop session. Second.

All in favor? and all rise. Let us pray. Dear heavenly father, we thank you. We're in such a great place tonight in our city of L Passes. We ask that you be with all of us. Be with our elected officials, our employees, and all of our visitors. Help us to exchange some information, make some good decisions. We thank you for the rains last week. And if you see fit, we always like some gentle warm water. We ask that you watch over us in safety. Forgive us our sins as in always Jesus name we pray. Amen.

Join the pledge. I aliance to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all ISIS. All right. Citizens comment. Any citizen who desires to address the city council on matter not included on this agenda may do so at this time for possible posting discussion by council on future agenda. The city council may not deliberate on items presented up underneath this event. Okay, let's see. Not on the agenda, we have uh Mike from Mike Scott Construction. Yes, sir. Come on up. Mr. Mayor, members of the council, thanks for hearing us today. Mike Tyler, this is Mike Scott with Mike Construction. We have some challenges that we've been facing with working with Bureau of Veritas and we just wanted to bring some of those things to your attention tonight so that we could maybe find a reasonable solution. Uh, one of the the biggest problem that we've had is that we paid for uh, inspections with our permits up front.

So, we've gone through the process of doing that, got all of our permits, got asking for the inspections to come and it came to getting a weld inspection and Bureau of Veritas told us that they were not qualified to do that inspection. They made us go out, hire another company to come in and do that inspection at the cost of $400 to us when we had already paid for our inspection. So, we kind of feel like if Bureau Veraritoss isn't qualified to do the inspection that it's their responsibility to go out and find another party to do that and and pay for it to be done. The second item that we had on challenges or second challenge that we've had is depending on what inspector we get on site, we may get different answers from that inspector. So, we've had a situation where one inspector came in and told us that X way was the way that we had to do it and then the following day another inspector came in to look at something else and told us that we had to do that same thing a different way. We then submitted the answer, so to speak. They wanted a drawing done for uh it was added.

Yeah. And then a third inspector asked us a whole another question about it. So, We're trying really hard to work with them and and work reasonably with them, but we need them to be on the same page and give us the same information in order to do that. So, we're just here to hopefully find a solution to that and see if there's anything that the city can do to help. Thank you.

Thank you. Next one up, Mr. Mike.

Hello everybody. I'm Mike Urban. I'm a contractor here in town. I'm also on the same page with Mike and Mike. the I don't want to say bad things about Euro Veritoss, but they are I'm going to they are not super organized. Um when we had a building official here, both Brown Ellis and Frank, we could get a permit in a couple of weeks. Um I don't see where they were dropping the ball anywhere. I don't see any failures. I don't see any foundation failures. I don't see any structural failures. not received any increase in things being unsafe when they were here. Um, I would like for us to get another inspector, another building official. Um, the things that I find hard to deal with with marriage is sometimes when you're building these projects, the weather can cause you grief. Like when you set a foundation up and you you need to get it in for raintorms come especially this time of year. You need to get that thing in. And they need to work with you. How was it? Two weeks ago I was doing a job right over here on Fifth Street and uh I we called in for an inspection for the plumbing and for the foundation. Um my plumber didn't put water in the line. So, we we failed the inspection on the plumbing, the pressure test for the drainage. Um, we asked for that on a Friday. It's supposed to be done on a Monday and they never heard back from not not us, not Rick Cardon, not uh Eric. No one heard. So then on on Tuesday, we called for a Wednesday inspection on the foundation and the inspector shows up and tells us right away. vis the foundation and we

had a big storm coming in and we needed to pour that thing Thursday morning. This isn't the only time that's happened and the inspectors were this particular inspector wasn't willing to work with me much. I called him and said, "Hey, I really need to get this in." And he said, "Well, the guy who got out there working on the foundation I've had problems with, so I can't really do that. I'll be out there tomorrow." We had a pump truck and concrete set up for the next day. Any of y'all are in construction, you understand this gets when a pump truck shows up, you need to be using it. And concrete, it's it's one of those things where you need somebody. You really need somebody. And I don't even call it going out of your way, but just step up and do their job and and come inspect and and if they have to at the end of the day, that's the way it used to be with both Brian and Frank. And that's the way it is in a lot of municipalities. I've actually worked in in some really big cities, Los Angeles. Now, now it doesn't happen every time, but once you build a relationship with somebody, and that's what we are here in L Passes. We're a small town. We're trying to promote a we're trying to promote people coming here, and we don't want them to have to deal with not being able to get a permit. Uh, and then when you do the permit, as Mike was saying, have inconsistencies in the inspectors. So, that's all I got to say. I I propose that we look into getting another building official/insspector. That's all I got. Thank you.

Thank you. Next one up. I believe we have Mike Scott again. No. And uh David Matthews is that on you can there's not an actual public hearing for that tonight. So if you want to do it. Okay. So citizens comment any citizen who does who desires to address the city council on the matter that is included on the agenda may do so at this time. and uh Matthews.

Good evening, Mayor and Council. Thank you for hearing me. I'm not going to try not to repeat a lot of things you've already heard over and over. But a couple items of concern is one if uh track crew is really trying to press you. I've heard rumors of that. If they can't wait, well, let me step back. Are we still trying to get you still trying to get uh Eerman to look over those drainage lights or has that been completed? I can't answer.

Okay. If you're still waiting, if Erian hasn't completed his review of those drawings, I say wait just a little bit longer because one thing I learned in the army is ground truth. You can plan everything. You can look do a map study but until you get on the ground your feet on the ground you don't know if it's right or wrong and I don't believe uh your outfit veraritoss they reviewed the plans that uh tri produced but did they go out and actually step foot on it verify any elevations or anything physically on that land if they didn't that's what uh eerman could do because a plan is just a plan until it's got ground truth and everything's fits. Uh, one other item I was looking over the drainage stuff and I don't see where Okay, they're going to put their big ditch down the middle. Maybe it works, maybe it doesn't. All that land's going to be pushed up. Where's the water that's currently running on my property and Dale and uh Bets's property? Where is that going to go? are they making allowances for all that water that's coming from upstream for street right down and it doesn't go to where the uh concrete goes underneath for street where it goes off my land and Dale's land goes right into the ditch and carries on down our property line. If they didn't make allowances for that then they're wrong and they're just not planning properly. One other item I'd like to say, I've got newspaper clipping that says we're running out of capacity. And then many plans PNC meetings ago, oh no, we have capacity. And now you're seeing that Aimoto, they're trying to force AIOto

into pre-processing so that they can increase the capacity. Well, that'd be well and good if they do, but until that happens, I don't see where we can go forward with this because then they can pressure you because you said go. They can pressure you to do everything you to make that happen. Last thing is again down to plants. I've complained numerous times, never official. I didn't want to be the bad neighbor cursing at the church up the street. And I talked to some of the people involved when they first started building said, "What are you going to put on that surface? You're going to flood it." Oh, no. We're going to put uh what was it? Dirty bread. So, it'll slow the flow and it will get some penetration. No, they didn't put dirty bread. They packed khichi and made concrete. Still, I didn't say anything. Got bad enough to where I spent thousands of dollars protecting that side of my house. Now, a couple days ago, I drive up Fourth Street and they bought the house just up next to them. What' they do? Covered it in asphalt to increase their parking. Did they get a permit for that? If they did, somebody should not have gave them that permit cuz they didn't do anything with the drainage except run it right back down the either for street or on me again. Everyone in the permit has heard we've got problems there. But then they put in a bunch of asphalt. Doesn't sound like good planning to me. And I'm really getting frustrated and losing my faith in the process. Great plans are great plans till they meet ground truth. And that needs to be figured out because the city is really getting liable on this stuff. Thank you.

Thank you,

Mr. Richardson. Good afternoon. Going to be about the same stuff you heard before. The like that we're making. They're a problem. Our problem. I'm going to back up a little bit. Sir, I think you asked me a question if I had a a problem with the houses at one time. My answer to you is no. I have a problem with the drainage. I just want to get that clear with everybody. I I can't tell them what to do with their property until it starts damaging my property. I feel like that that the drainage step. If if they can show me where the drainage goes to the creek on their property, you won't hear nothing from me. I have no problem with it. But until then, I feel like we have a problem. I think the city has a problem. I think the biggest problem is on the city myself. We got problems with Sethco. We got problems with the church that the city has not done one thing at that water if not more coming down in them fields that's going to end up on me the city. And I think it's something y'all should address. And I think it's it's going to be a problem for the city way I look at it. Thank you.

Thank you.

So to 2.1 discussion, possible action regarding the approval of minutes of the regular meetings held on April 13, 2026. Discussion. Discussion of possible action regarding the separating of amending passes code ordinance regarding the request for specific use permit allow for smoke shop area zone retail hard described as 2.966 acres of James Easy survey abstract 0185 more specifically known as to post South Key West US Highway 281, Latas, Texas, Lasses County, the building related there to ordering a change to ordinance numbers 878 and the accompanying of city passing maps reflecting same and providing an effective date. Discussion of possible action regarding the second reading of ordinance amending appendix A of the city code feed schedule concerning fee fees for chapter 62 solidway citizens collection station. Chapter 66 streets sidewalks and other public places. Chapter 82 utilities part five rates charge and billing procedures providing for repeal of conflicting ordinances providing for a repeal of severability clause and providing an effective date discussion of possible action to approve the second reading ordinance to modify the city lampus code ordinance chapter

82 utilities These are the three sanitary sewer system division one generally. Mayor, I'd like to have these uh separated and actually have 2.2 removed um with prejudice and then postpone further discussion.

Also like minutes Move to approve 2.3 and 2.4. Second. All in favor? So we'll go back to 2.1 discussion and possible action regarding the approval of minutes of the regular meeting held on April 13, 2026.

Yes, sir. We have a motion. Excuse me. part of the council uh motion minutes that was included there on 4.2 that following the council meeting we had an executive excuse me executive session out of that executive session we had an approval moving forward with the northeast and previous states and asking for some more information from our city engineer. I would like to just insert into that motion the the way to approve show that that was just us in executive session rather than showing that did not go to executive session at this point does not reflect that it us modify it to ahead of the motion that's currently listed on there. I can put that the council chose to adjourn into executive session to discuss with the city attorney at such and such time and the motion coming out was what's currently listed.

We need to take a vote on that. I got a second. Any other discussion? All in favor? And we will go to 2.2. The removal of 2.2. Yes. I'd like to uh postpone that. I guess postponing for a later discussion. I think you're looking to deny it. Oh, correct. Yes, ma'am. With prejudice. I would like to move to deny with prejudice because our city ordinance actually says we can deny it if we feel it is not fit for our community. The ordinance does say that. Yeah.

Can do we have the ordinance when we read it? I don't have I don't have a basis to make that decision. That's not our community. I do not recall any information council on the basis. That's your final words.

This is based on reality. Legality. Legality was not correct. Exactly. That's why it's being pulled off cuz there's some discrepancies in the ordinance. So rather than just blatantly accept it, we had to review that and then discuss it and then put it on different instead of just going along with it and see.

So yeah, putters and can you pull off it's two clubs, two putters and getters. label that idea as a children's facility. Um, but I believe also in the ordinance it says if the council feels that it does not reflect what the city would like to see. So, I mean, it leaves it pretty open in our ordinance for just pure how we feel. I mean, that's what the ordinance says.

The only thing that I recall was how distant it was from in the answer. staff sometimes door to door versus property line to property line. Is that clarified? It is clarified. Apparently, there was some debate um when adopting ordinances whether to consider it doortodoor or property line property line. It was adopted as property line to property line. The subject property is approximately 106 ft from the putters and better property. And the ordinance 300 ft 350 300

300. What about the school? It's just over 600 ft from point to point. So I think one of the questions that I heard was um staff determined that Putters and Gutters wasn't classified as a children's entertainment thing. Um but there that's certainly up for council debate also approved. Okay. Would you like to read that? Just that section or the whole wording ordinance? You want to hear the whole wording or just my section about reszoning how the CA can approve? Okay.

I think you're referring to our actual zoning ordinance rather than the specific ordinance for the smoke shop and what the council may base their approval or denial on. It's upon the reszoning. It's an overall.

So, it's actually in the zoning ordinance, not the smoke shop ordinance. Sorry, Then you just section three. What we're looking at here? I know we're this is just the smoke shops we're looking for is actual reszoning ordinance and stuff

not for just specifically my understanding ordinances. Not necessarily. No, it's just that actual reasoning ordinance leaves pretty open that we can Sorry, bear with me. doesn't really

um typically it has to do with um decreasing property valuations in compatibility with the subject area.

I mean, last one I saw was like a 2018. It says refer to like the last one that went through 2018 model. Um, I had it holding my computer right here. I'm sorry. I'm just not finding it right off hand. No, I think if council wants to reverse their choice from the last meeting, Mr. B has stated his grounds on what he'd like to do. So, okay. So, we have a motion. Is there a second?

No, we don't have an opportunity to do more research where we stand. Again, this is up for discussion. So if you're certainly welcome to discuss it now if you'd like to do additional research we can move this to the next meeting. That's the question. Yes, we can take it to the next meeting until we get further information and get clarification what we can and cannot say or okay

to bring back 2.1 2.2.2.2. We have a motion and we have a second. Did I hear a second? I did find the section. Back up. I'm sorry.

You think in big bold letters it would say deny, but it doesn't. Um whether the use is permitted by the prop proposed change will be appropriate in the immediate area concerned in the relationship to the general area in the city as a whole. Whether proposed change is in accord with any existing or proposed plans for providing public schools, streets, water supply, sanitary, sewers, and other utilities to the area and shown findings. The amount of vacant land currently classified for similar development in vicinity and elsewhere in the city and any special circumstances which may make a substantial part of such vacant land unavailable for development. the recent rate at which land is being developed in the same zoning classification as the request. How other areas designated for similar development will be or are unlikely to be affected if proposed demand is approved. Any other factors will substantially affect public health safety norms or general. So the line down here is I mean it's I don't know is in section 34.2 to specific use permit regulations. And uh it says uh city council may consider following the uses harmonious and compatible with surrounding existing areas uh use or uh proposed uses. The activity request by the applicant enrollment associated with permanent uses in base district. The nature of use is reasonable. Any negative impact surrounding area has mitigated and that additional conditions specified. sure that the intent of the district proposes are uh excuse me purposes are being upheld. social media. Um I mean like to believe that having a ne negative impact on the run the um surrounding areas and you know due to the gutters being right there

I don't know a good argument because there's a bar in it but being that close to the high school I think is a good argument with walk distance every go there kids right there at the gym like that right there. The motion on the table is now motion. All right. Are you all going to pick it back? Huh?

You just put it on the table. You can just pick it back up. from table. I make a motion to other discussion. All in favor? Oppos?

All right, we'll go to Gorge Parks 3.0. council. Uh the municipal court update. Uh in addition to filing and disposing of final offenses, uh the municipal court also issues emergency protective orders when there's been an arrest involving family violence. And it's a little known fact that my absence is a known refusal island in that your pillow for DWI and refuse the breath test. I'm available 24/7 to review and sign warrants to draw blood uh to see the intoxication level and prove it the other way. We also enjoy participating in the national night out as outreach to explain to the public what we do. Now, let me give you a few statistics. In 2022, we processed 1500 violations. In 2023, 1,700. In 2024, a little over 2,000. And in 2025, 1551 collected $371,856 12 of which the city kept $263,67361. Um collection is uh a problem for many of these cases and the uh contract with the collection agency in uh this most recent warrant round up in March they don't call it roundup anymore they call it resolution

uh there were 1348 postcards sent out uh 814 text messages is and um during the period of February and March uh all income from the collection agency and also through the court is over $52,000. Uh we issued over 350 arrest warrants last year and of course we can flag your driver's license to keep you from renewing it if you continue to ignore in 2025. Uh there were 962 verified hours of community service and at the current rate of $18.75 that translates into about $20,000 in later for the city and local charitable organizations. Almost all occasion service these days is done by teenagers for the traffic fines or other uh offenses. uh we make u excessive use or intense use of cell phones to uh text people because that's how they communicate these days. And if you can get your cell phone number and you're not uh stay in touch with us, then we uh we get in touch with you and that helps a lot. We're trying not to arrest war for trying not to put them in jail. It's expensive. there uh there's a finite amount of room in the jail and we need that room for people from whom we need protection and so on offices when they are arrested the uh police department is very good about trying to do it during the week and taking them to our office and uh trying to work something out. Uh we see a lot of people with lots of problems with their driver's license and

uh other courts around here. There are a number of JPS and county and district courts. And so, uh, we've gotten quite skilled at looking up, uh, people's traffic issues, what their problems are, helping them with appointments with TPS because I know all of you know how, uh, but not everybody does. And so, um, we provide that service. um if they'll give us a driver's license number, we can figure out what the problem is and help them make appointments and such. Um there are uh we have 17 open cases with uh city ordinance violations. Lieutenant McGomery is working with the court and Miss Bren strategy to get those properties in compliance. Last year we talked about um implementing the youth diversion statute because before in order to give you community service and uh dismiss your case and plead guilty and they changed the law and now we can do it on the front. And um 28 cubicles have taken advantage of the program. 18 have completed it. two have failed and eight are in show costs which uh will determine their compliance. So it's a good program if kids and hopefully their parents buy in takes care of their non-tra offenses like minoring possession of alcohol consumption and that ends my presentation. Do you have a question? How question judge on

the 170 cases have uh with sub is it substandard structures or is it include mowing fine you know not taking care of their property do I know you may not have specifics if any of those came to a finality or end result we got 17 pes there have been about 50 cases that have been brought in the last two years and some of them were structured and I can think of one that ended with uh property being sold and being cleaned up by the new owner. Uh most of these are trash and weeds and garbage that u the owner either is unwilling or unable to clean up themselves. Is there a fine associated with it or

Oh, yeah. we can find a couple of thousand dollars and we have fines and you know if you have a judgment against you I can abstract it and file with the clerk's office and we have done that also but um you know there's no abatement money and so that uh he's won our we don't have that remedy and so since I got you got me on the so It would be helpful if we could do that. Okay. Well, that's what you know I think we as a council, we as a city would definitely like to see those improved and if we can help him out when we can, we will. So,

well, I drive around with the one who is constantly pointing out why don't you do something about that house right there? And so I'm well aware of the problems, but um Montgomery, I don't know how you know him, but he is like a dog with money and so excited that he's decided to grab the reigns and work on this for us. Okay. So, I'm optimistic. Thank you, sir.

Anybody else? Thanks. any special events meetings.

May council, tomorrow is the last day for early voting from 8 to 5:00 at the county annex building. This upcoming Saturday, May 2nd from 7:00 a.m. to 7:00 p.m. is election day and we'll have results after they uh count them at 7 p.m. Now I'm going to make a motion that the council adjourns into executive session uh to deliberate the appointment or employment evaluation reassign duties or discipline of public officers management building or other personnel matters as well. I'm sorry. Please read 4.1 and ask for motion to adjurnn into executive session cons.

Okay. Thank you. Discussion and possible action regarding approval denial or approval of modification of climary plat Northern Creek Estates plant of 79.917 acres out of out of and a part of the John Burlson survey abstract 42 L passes Texas Lancasters County. All in favor?

Existing features inside the subdivision, which includes boundary lines, um loc location of existing water courses, location of existing streets if they exist, to information at two foot intervals, uh land by reference, zoning designation, city limit lines, cemeteries, landfills, junkyards if those apply. They're also required to submit existing features outside of the subdivision, the name of property lines of adjoining property owners, the name and location of adjacent subdivisions, zoning designations applicable to the land adjacent to the land, the city limit line. They're also required to show new features inside a proposed subdivision, including the proposed name of the subdivision, the location, rightway, width, and names of proposed streets, the approximate width, and depth of all lots. If the sidelines are not parallel, the approximate distance between them at the building line and at the narrowest point should be given. The location of building lines, alleys, and easements. The location and approximate size of sites for schools, churches, parks, or other special land uses. And the approximate acreage of the property to be subdivided. That's all that's required of preliminary plat. They're not required to show their drainage features yet. They're not required to show their utility plan yet. However, we have been provided with those. Those have been submitted to Bureau of Veraritoss. There will be another part in this process that that contains the final plat when they file for consideration a final plat. The final plat will contain things that are um contained in the preliminary plat, but it will also include um new features in the subdivision including streets, lengths and bearings of all tangents, dimensions from all angle points to curve and adjacent sidewalk line, water courses and easements, utilities, locations and sizes of all proposed utility lines, orinances, manholes, fire hydrants,

flush assemblies, lift stations, sewer and water lines. We're already getting a look at that from German engineering. Um, after they submit their request for a final plat, they file it. The planning and zoning commission and the city planner shall be furnished with three legible prints and the original tracing of the final plat. These documents shall be filed in the office of the city planner and city hall. The filing fee shall be paid to the city. Then comes a review. Within 10 business days after filing for the final plat, the city planner or a person designated by him shall review the final plat as to form and content and may return the final plaid to the subdivider for correction as to form and content. Then the final plat will have to again go to PNZ and after being heard and considered by PNZ, it will come back to the city council for final consideration. Then there's a process of filing construction drawings prior to construction beginning. So I think that some of you are hearing that if a final plat is approved tonight, they can start construction tomorrow. That's not the case. There's a whole other leg of this process to continue to go through. Additionally, the subdivider has to put up a um a maintenance guarantee prior to final acceptance for the maintenance of completed public improvements. So, water, sewer, um drainage, infrastructure, things of that nature. The subdivider shall file with the city manager or his or her qualified designate a bond or other such guarantee acceptable to council executed by a bank or company holding a license to do business in the state and acceptable to the city council in an amount equal to 10% of the estimated construction costs or any improvements required as estimated by the subdivider and approved by the city manager or his or her

designate. The condition of the subdivider will maintain such improvements in good condition and without cost to the city for a period of 2 years after acceptance of completed construction. Such money in escrow or bond shall be approved as a form in legality by the city attorney. Further um security andor maintenance guarantees shall not be released by the city until all the requirements for approval and acceptance of improvements have been met. If it becomes apparent that the subdivider is not going to complete the construction of any or all of the required improvements in accordance with the previously approved plans and chapter requirements or provide the necessary maintenance within the stipulated 2-year period or any extension thereof granted under this section, the city manager or his or her design shall so inform council in writing, and the council shall take necessary action against the guarantees and security posted by the subdivider to complete such construction or maintenance. at no cost to the city. The council may also file appropriate proceedings in district court against the subdivvisor and his security as set forth in this section. So what that's saying is the sub subdivider will have to put out a performance bond that the infrastructure that they have created in the subdivision works as planned. They are responsible for that maintenance for 2 years after construction is complete and accepted by the city. and if they fail to do so, the city will make a claim against their charity and will complete the improvements themselves. So, as a reminder, there are still several steps of this process that the developer would need to go to through prior to beginning construction. We are currently at the preliminary plat phase. They have submitted more information than necessary to approve a preliminary plat. They will need to again there's going to be once a final plat is filed

for within a 10day period our representative will begin a review of that those final documentations and provide correspondence back on what they feel needs to be corrected. We got a motion. Just want to make sure approval tonight is just for basically name streets names lot sizes and what was the third one?

It is um proposed name of subdivision location rightway width and name of proposed streets. Approximate width and depth of all lots location of building lines, alleys and easements. location and approximate sizes for schools, churches, parks, and other special uses and the approximate acreage of the property to be subdivided. It also contains name the joining property owner names. Um, and if there's any existing information inside the subdivision, that's that's what's approved with the preliminary plan. I make a motion to approve and creek states at 79.97 acres out of part of the jungles survey 42 Texas.

Second. Any discussion? All in favor? Hi. Hi. Excuse me. Has the modification been met yet?

Look at this. We we cannot legally require them to create a new assessment. I am not part 4.2 Two, discussion and possible action regarding a mural spaces.

Thank you very much. I have something happy to say. So, um I know you've got in your box a kind of a preliminary picture of what the mural is going to to look like. It's going to be on the spa in um on 281 and so we have already started it. This is the second time I've come to you with we already started. So please say yes. But um we're very proud of it and if you can if you have a chance then would like to drop by and see. We we'd love to see what you have. These are some pictures of what we've done so far and we've only been working on it six days. So, we're really making um a a lot of ground with it. And I don't know if you even would be interested or to to know how we end up doing this, but this is this is a kind of a preliminary um picture of it. We flashed this up at night um onto the wall and we had probably eight or nine people that helped us do it. where ladders and this and that and then we put um all those lines have to have all the spaces have to have a letter on them and um then we paint according to the letter and number. So, it's it's going to be it is going to be beautiful and it's landscaped and it was brought to our attention today when someone came by to say they loved it and said when you stand back from it all the surrounding landscape hugs that building so it looks like it's just a continuation of it. So, it's going to be it's going to be very beautiful. Um Joe Ables owns the the building and the spa's name is going to be Kindred Spa and the mural's name is um what is it? Healing Waters.

Healing Waters. Healing Waters. So they're going to tie um the title of the mural in this. So

what's I could even do. Oh, you anybody, if you've ever, you know, stopped and painted a coloring book with your children or grandkids, that's exactly how it little squares that have a letter and a number. You pick up the can and have the letter and number, grab you a brush, and that's all you paint. It's just that little that little piece. Um, this is going to be it's it's 20 18t tall and um I think it's 100 ft long. So, It's not too long, but we'd like for you to give us permission to finish it since we've already started.

I made the motion, too. Sorry. Did you get a permit part? Yes, the permit was not issued to us. The first one that we the first one we ever did, we had to we had to give a $250 signage fee. And once it was finished, then they refunded the the sign to it. Anybody have any questions?

Davis, I know you want to come and pay. Yes, ma'am. Anytime. Anytime. I'm going to bring the mayor with me. I think everybody should come and I'll I'll give you cookies. I I'll feed you. I only use his fingers in the brush. Well, thank you very much. I appreciate it. Thank you. Make a motion to approve the mural design and placement on the Kindred Spa Building. Second. Any other discussion? All in favor?

Thank you very much. Appreciate it. 4.3 discussion and possible action regarding the approval of contract amendment between Saving Land Passes and Frontier Protection Venture LLC for solid waste purposes. Mayor and council, you'll recall at our last meeting we discussed that the recycling center was taking a fairly significant loss um in revenue about $25,000 on the year. So, six months into the year. Um, so we presented an option that provides curbside recycling for the residents. Um, and they suggested that we send out a survey. We received minimal responses, 44 um, in a week. So that's really representative of about 2% of our solid waste customers. I'll give you the numbers, but it's certainly not a good sample size. Um 52% of the folks that responded said that they would be happy with a cart provided by Frontier. 38% said that they would be happy with a one-day pickup only. 70% said that they would utilize curbside recycling and approximately 22% currently utilize our recycling center. 22% currently use the recycling center. So I did my own personal survey of 18 individuals in the city and of the 18 16 responded and seven were yes very heavily yes five were heavily no and four were I'll think about maybe but they were leaning towards no. Um the question that comes out uh or there are several

questions that comes out. Um what happens with large amounts on holidays? You have a large family gathering on your holiday. One can ain't going to cut just it ain't nothing. Um are there fines associated with somebody putting the wrong thing in the wrong bucket? Um and then we do math. Get your pencils out. Currently, the city allows five 32galon cans twice a week. That's 320 gallons. Okay. Per a 4-we period, that's,280 gallons per week or per month. At the at the new rate, it would be 96 uh a 96 gallon can times four, four times a week, that' be 384 gallons. Then you add in uh recycling can twice a month, uh, which would be 192 gallons, you're looking at, uh, 576 gallons total. So that's a 55% decrease in trash per household per month.

If we go to one day, if we go to one day a week and we do twice a month on recycling, I'm leaning towards these babies are probably going to be notes if they know that

the the twice a week is a big thing in this community. really like twice a week. And I tried to explain, you know, my questions were, would you be willing to pay $2 more per month? They provide the cans. It's their responsibility. If a breaks get lost, stolen, whatever, they fix it. They replace it. Try to build that up. But they don't like the they don't like the once a week. And I think people are realizing that I can't If I mean if I again if I have a big family gathering, you know, nothing against y'all. I love to offer to you. Y'all are great. Um show up on time to get my trash. They're early.

And to be They're early. Yeah. They're out there before. Well, not to be clear, staff is not advocating one way or another. We're just at the point of needing to have a very serious conversation about the recycling.

I love the idea of curbside recycling. I mean, I could have utilized it today. Um, but at the same time, I mean, again, I live alone. I I don't have a whole lot of trash, so it's not a big deal for me. But I understand there are some houses in this community, whether everybody wants to admit it or not, they're multifamily houses. You know, there are some houses that I'm aware of that you got six or eight adults that live in that house along with children. You know, they prod a lot of trash. I see it as they drive by, you know, so that they're going to have to buy an extra can, you know, do whatever they got to do and they're seem to be managing with what we currently have. So, y'all take it for what it's worth. However, what are you proposing? I I don't think we need to accept this.

No changes. Yeah, I don't think we need to change it. So, keep the recycling center as is.

I I don't I don't think it's viable with future recycling center. Um it's a loss of money. Um I don't personally utilize it. Um cuz and this was one of the comments that came back to me was I would use a recycling center, but I want to grab my recycling over there. I'm I'll be honest. I'm the same way. I just assume just throw the bucket and go on about my day. you know, why am I going to take an extra step? You know, it it takes time out of my day and money out of my wallet to go do that. I would prefer to have it the coach, but the response that I get, I don't I don't think this community is ready for it. I guess clarification jury with the once a week and you have a 96 gallon if is there allowable trash and bags outside of the 96.

They they'll have to be in the trash recept receptacle because it will be an automated automated only. They do have the option to get a second can for $9 a month. Okay. So, one of the things that was talked to me about, one of the really smart people, much smarter than me, was, and it sounds horrible, but basically they're going to have less personel on the ground to dump your trash and they're going to be taking less, but they're going to charge you.

Well, that that's assuming that everybody has the same, you know, I understand. Yeah, I I totally don't. And again, I'm one of the exceptions. I live alone and I don't have a lot of trash. Once a week is totally fine with me. Yeah.

So, I think um it seems like we're not heading towards approving this night, which is completely fine. Mike knows that that's probably how it's headed. We will be coming to you guys with an amendment for the rolloff dumpsters um very soon. So, they'll they'll work on that concrete um contract amendment. Um we will likely schedule a work session in the very near future leading into budget on on the future plans for the recycling center and that gives staff some time to research alternatives. For example, in the municipality I was in before, we had recycling trailers um that we obtained through the council of governments that would be hauled off to a recycling center. we just likely wouldn't service them as often as what Frontier is currently doing for our recycling, which means they fill up in about 24 hours. Um, but we we can look into some potential alternatives.

Make one comment on this. So, my hometown, I'm not going to say the name cuz Eric will make fun of me. Um, they moved to this program about 15 years ago and there was a lot of push back early on on this idea, same thing. And they had to buy their own trash cans. So, but now it's this beautiful system and it works so good. I mean, and yes, there are holidays, right? There's Christmas and, you know, Easter, but those are like so minute in between that it's just like you knuckle down till you know, and you just put, you know, we we just have an extra can there that we'll put it in there and then we'll dump it in, you know, follow it if we have to. Um, and like I'm very for it. I love that idea. like fully uh like I'm I'm for this completely. I I've seen it in action and it works really well.

Um and I don't disagree. I'm I'm curbside and I think eventually this is something the community and and accept. But the feedback that I'm getting is not today. Mayor Council, if I may, we did receive a second quote from them to include two pickup days a week. So, if if that's what we're stuck on, I mean, it is an option. It just comes at a higher dollar amount. That one was 2707 per month. 27. Well, that's the base fee then with the charge to the customer would be 31,000. Yeah.

Just in comparison with what's in front of you, which says 2367 the difference in the But that is Frontier's cost to us not I think if we could get numbers together and what basically what I can go to the 18 people that I already asked I do have that prepared so I can send that to you that would be awesome and so that I like I told you the people that the seven folks that were yes they were yes you know and the five that were No, they were in fact no. So, but the reason they were no is they were against

I'd like to just say that the trash service we have the people have been incredible to work with the people on the street that pick up they're wonderful.

All right. I got to be table. We can make motion to table. I second a motion to table this till we get further information. Second,

we're ready to vote. We're ready to vote. We're ready to vote. Okay. No, sir. All right. All in favor? All right. Does council want this on the next agenda or for further conversation?

I think we need to talk about budget opinion. Yeah. Nothing but all right. 4.4 discussion regarding acceptance of this year 2425 audit. Mayor and council, you heard from our auditors at our last meeting. This is just a formal acceptance of the audit that they presented at that meeting.

Make a motion to approve and accept FY45. Second. Any discussion? All in favor?

4.5. Discussion, possible action to approve the change order for the CD23-0267, otherwise known as community development block grant project in the amount of 52,762. Council, this is executive change order for the CVG project. It's an addition of two box culverts that weren't previously identified need replacement. Um, they're low profile. required being cast in place indicating the increased need of cost as well as the addition of a concrete bottom to an existing culbert that doesn't have one that wasn't previously enough. If you have any direct questions for the CD CDG project and this change order, Mr. Eman is here in attendance with us and maybe you'll shed some light on some of it, but let's try. So these these culberts are just formed in place and for they will be the the two that are being replaced. Yes. The the low profile design it's they're you can't buy a pre-cast anymore. So it's just going to be formed in place.

Okay. And it's coming out of capital. What's remaining in that? Uh approximately $260,000. What's the plan for? The plan is still using their hands work. How much was remaining?

Uh approximately 260 it should be after this change order. Yes. The first the first change order came out of it and then this one was well approved. I believe that's uh with the exception of the potential budget amendment that in the upcoming months we'll set out some money for some change process. I can make I make a motion to approve change order in relation to CDBG project amount of second. Any discussion? All in favor? Madam Secretary, could you read the executive session?

Yes. The city council of the city of Lazos, Texas will meet in close executive session pursuant to the Texas government code chapter 551 as follows. Section 551.087 economic development regarding project heavy load and Scott Holmes. Section 551.071 consultation with the city attorney. Section 551.074 074 personnel matters to deliberate the appointment employment evaluation reassignment duties or discipline of a public officer or employee city manager and building official. We can take a motion to move second.

All in favor for a year. You got half pat on the back. Nothing. Nothing coming out of the executive session this afternoon. And get a motion to adjourn. Second. All in favor?