City Council - Regular Meeting

Well, at the beginning, they'll have all the names. They had the dates for the month of Star Wars. I was a member of Williamson's.

It is now 5 PM. I called the City Council meeting to order. Let the record show that all Council members are present. The invocation will be given by Chaplain Dave Rasmussen of Abbott Health of Central Texas and the pledge of allegiance by Mayor Pro Tem Gonzalez.

Thank you, Chaplain Dave Emerson. And thank you, Mayor Pro Tem. Council, I need a motion to approve the agenda. Council Member Brown.

Motion was made by Council Member Brown. Second by Council Member Kendricks.

Is there any discussion? All in favor signify by yes, all opposed no. Have all voted. Motion passed seven to zero. Thank you, Council. Madam Secretary, presentations.

If we could have Ms. Carolyn Brown come up and Mr. Cedric Moss. Yes.

I want to say, first of all, before we begin, let me just say this.

This is a time that we just take the time out in the month. Every council member gets an opportunity to recognize a resident. for their excellent work in the community. And this month, it is Councilmember Bass. And I'm going to let him introduce her again and read what you want to read, sir.

Mr. Cedric Moss contacted me a few weeks ago and said the Star Award is coming up, and he would like to nominate Ms. Carolyn Brown, and I was honored to pass that on up the chain of command. And Cedric, if you would like to read your nomination, this is really great.

It is an honor for me to present this to you. Thank you for all you do for our city, and I enjoyed the two events I've been out there. Would you like to say a word? Thank you.

Again, thank you Ms. Brown, well deserved. Okay, now we will go into our work session. Discuss agenda items 9 through 15 for the September 15, 2026 regular session. No final action will be taken until the regular session. Madam Secretary, the first resolution, please.

Thank you, Mr. Mayor and Council. I think that this is a great honor. Brad and Amanda and the Rodeo Committee have done an amazing job ever since I've been on Council 2017. I had the opportunity to serve on the Rodeo Committee, which I love. And it gives a lot back to the community. Not only it introduced rodeo to some people that may have never been involved with it, but it also, the community service, it honors our men and women in uniform, and it brings in tours to our city to highlight the city of Killeen. So this is a great investment over five years, the $250,000. And thank you, too. Tha

Thank you, Councilmember. I do agree. It's been great. And in the times that I've been here, it's been a great event, enjoyable event. Councilmember Bess.

I went to the rodeo this year on the second night. It was fantastic. The first night, as I recall, was focused on our soldiers out at Fort Hood. And I drove by there the first night. And I saw all the military families walking up the street, all the kids real happy, all the kids wearing their cowboy hats. So I think that the Rodeo Killeen is not only a great thing for the city of Killeen, but it's very important for our soldiers and families out at Fort Hood. They really enjoy it. So thank you to Rodeo Killeen for taking care of our soldiers and their families. Thank you.

Thank you, ma'am. Madam Secretary, next item.

I nominate James Carroll. Jamie Carroll. Jamie Carroll.

Yes, sir. The question is, thank you, Mr. Mayor and Council, are those probably the only two positions we can fulfill, or is it more positions?

Okay, thank you. With that being said, I would like to nominate... I think Tisha, is that Tisha Dix? I don't know, D-I-X.

At large, yes, ma'am. And if no, any other position before I continue? Oh, okay, Mayor Pro Tem. Okay, thank you. If there's anything left, I'll come back.

Thank you. Okay, Council Member Brown. Oh, I'm sorry, Mayor Pro Tem?

Thank you. We have one that did apply but is not listed here. It's just been confirmed. But I did want to nominate Jamie Salter for Arts Commission. Jamie Salter.

Okay. And I'm saying Council Member Kendricks? No. Okay. Council Member Nash-King? No.

Yes, sir. I just have a question for our city attorney. Have we ever been able to fill that position?

I was going to, since Council Member Kendrick had a person, I was going to ask the mayor, could I take my name off the list for at large? Because we have four and we only need three. So I'll remove my name.

Yes, ma'am. Yes, Council Member Nash King. Thank you, Mr. Mayor. Thank you, ma'am.

I move to reappoint Mr. Ralston. He served on the Audit Committee and has the experience.

Okay. You nominate. It's not a move, but you're nominating him.

Yes, sir, and I'd like to nominate Phillip Brown. I'm sorry, Phillip Brown. There was only two positions open. Correct. Okay, thank you.

I'm not on that committee. Okay. Okay. Council Member Bass.

How do we pronounce Amy's last name? Mersofsky. Mersofsky. I nominate Ms. Amy to step up, and we appreciate her doing that.

Okay, Council Member Williams. I'm sorry, did you?

Okay. Is there any nominations? Council? Councilwoman Redbass?

I would like to nominate Mr. Jeffrey R. Jaggers. He lives in my district. I've met him after I was elected. He's a retired CW5, so his experience is military. So since his application is there, I don't know if he falls under real estate development or building industry.

But I can say a CW5 has a lot of experience in many different areas.

Thank you, sir. The Community Development Advisory, I would like to appoint Tiffany Hall. Thank you.

Okay. Thank you, ma'am. Council Member Brown. Christy Wilbanks.

Council Member Kimball. Thank you, sir. I would like to nominate Mr. Bear Jones. Okay.

Council Member Bass. I would like to nominate Ms. Delsina West.

Which three? Miss Lavinia Sabree. That's okay. If they want to stay, they can. That's fine.

I don't know Angela, so I will go with her. Thank you.

May I quote him? Okay. Council Member Nash-King.

Thank you, Mr. Mayor and Council. This committee is very unique, as you stated, of the expertise. All the three you named have done an excellent job. And I, when I went through the applications, I didn't see a realtor unless somebody else on here saw one to fill that one position.

Thank you, but I would recommend to the council, because this is such a specific expertise like a heritage preservation board, that we should keep, if it's okay with them, to keep the three members because they have done an excellent job. Thank you, ma'am. Thank you, Mr. Mayor.

Thank you. That's your recommendation. Thank you, Council Member.

Council Member Nash King. I'm going to let someone else speak. I apologize. Okay. Council Member Bess.

I nominate Mr. Todd Fox for a second term.

Okay, Council Member Bass. Oh, sorry. Council Member Kendricks. Okay, Council Member Kimball.

Thank you, Mr. Mayor. I recommend for Janice Anderson to stay on as the OSAN rep.

Yes, sir. If I understood correctly, Mr. Mayor and ma'am, it was one vacancy. And I would like to recommend, and if I mispronounce his name, please correct me, Raymond A. Monaco? Monaco?

Okay. Council Member Nash-Kate. Thank you. I would like to recommend Ramon Alvarez. Thank you.

Thank you for that correction. Absolutely.

I'm sorry, I just had a question regarding that. You said that there's three that are requesting reappointment. You said it doesn't matter. How do we know which?

Understood. Thank you. Council Member Brown?

Yes, sir. The reason I recommended Ramon Alvarez, he has a business down there, and this committee, to me, for the Main Street Board, I would hope it would be committee members that have invested their time and money to ensuring the downtown is developed correctly as we continue to revitalize downtown Killeen, because it's predicated on their investment and to ensure that they give 100% and their input on downtown where they would most likely work daily, they should have that input on that. I respect Council Member Brown's decision, but Mr. Nye would ask the council to make a decision on that,

Okay, we can bring you to vote at the regular session.

Thank you, Mr. Mayor. I would like Emilio Fenderson to continue as the position two district two rep.

I apologize for that, sir. For the at-large position, I would like to recommend Damascus Y. Rouse. It launched.

And I apologize. I missed that this was my decision.

I'm sorry, sir. I think Council Member Nash-King, did you?

Oh, no, sir. Council Member Bass, District 3.

Council Member Brown, then Council Member Bass. Okay, there we go.

I apologize. I did not realize this was by district. But I do know that we have several applications from District 3. So I nominate Jamie Carroll.

Thank you. Mr. Mayor, can I ask a question about this position? Yes, ma'am. Thank you, sir. And I see, attorney, are they up, their position expired, or they just want to be?

All right. In that case, I would like to nominate for that committee Johnny Frederick.

Yes, ma'am. Mr. Mayor, I can remove Miles. Yes, sir. I don't want to have to do all of that. I'll just remove my name.

It makes it complicated. May I quote you?

Council Member Williams? Council Member Nash-King?

Yes, sir. I just requested to remove my... Okay. All right.

Thank you, Mr. Mayor. We will keep the three individuals that are requested to stay in that position, and I will refer to Mr. Mayor, Councilwoman Williams, for the five positions that's left to give out the names.

Thank you, Council Member Williams. Council Member Nashke? No.

Thank you, Mr. Mayor and Council. I recommend that we keep our three individuals that we have, and I would like to also serve on that committee as a council representative.

Okay, so you're nominating yourself? Yes, sir. Yes, ma'am. Thank you. Council Member Brown. Okay. Okay.

Thank you so much. Will you help? Okay. Madam Secretary, next item. Sir.

Good evening, Mr. Mayor. It's good to see you again. Rachel.

Thank you, Mr. Mayor. As an emergency procurement, where does that line, where does those funds come from to fix it?

So there were no projects. You didn't take money from another project to do this project, did you?

Any other questions? Thank you, ma'am. Thank you. Thank you. Madam Secretary?

When it comes to the Atmos and... I don't know if you call it a rate increase or their request for increase. Is this done yearly? I mean, do they come every year?

So based on the... I mean, I guess for me and for citizens, what happens? Why the rate increase? What causes ADMIS? On their supply side, are they being charged more? They're passing on to us?

And I guess, you know, as, you know, for the citizen standpoint, there's, you know, everything increases, and we're just trying to find out why the atmosphere increased. I would like to hear that explanation and what difference, what goes on year to year to cause that delivery of gas to increase, you know, for the citizen.

Thank you, ma'am, for that explanation. Just one question. So as an end user, what difference do we see based on your capital improvement? What do I see as an end user?

So modernizing the system. Yes. modernizing the gas, the delivery system, the gas pipes. Right. Is what those rate increases are for. Yes. The modernization. Okay. Thank you.

So just for perspective, the average residential increase will be $160.44 per year, and the average commercial increase will be $537.84 a year. It's a big increase, but it sounds like If the council was to say no, it would be even more of an increase.

Yeah, I just did it. Just to see how big of an impact. And it is a big impact. And a lot of these are older homes and older businesses. So it's a substantial increase for the customers. But it sounds like it's the best deal we have at this moment.

Thank you. Council Member Nashke. Thank you, Mr. Cagle. I just thank the council for the questions that they ask, and I thank staff and Atmos for answering them. But the item that's on the agenda that's up for vote is that we have met with other cities, we had experts to come in, and this is the best deal we can negotiate. This is what we will be voting on tonight. Thank you.

Thank you. Thank you, City Attorney. Madam Secretary, next item.

Okay. Thank you so much. Madam Secretary, next item.

Council Member Brown. Well, okay, there are no questions. Thank you. Thank you so much, ma'am. You have the next one. Yes. Item 15.

Thank you, Mr. Mayor. Ms. Tangland, so I think it's no secret that we've had issues collecting the right amount of hot tax. based on information we receive from our auditor, things outlined in local media. I mean, how do we rectify making sure that, one, the correct amount of tax is collected and our numbers come balanced correctly? I think if we look back for the last few years, it hasn't been. I think the collection rate is... I don't know what that number is, I'll have to talk to Mr. Grady. But I mean, it seems like we're leaving a lot of issues, a lot of money on the table by not collectin

And as a follow-up, so if we, just help me understand this, so we have these entities that put on these events, but these are local residents, right? I mean, do we have data to say that we're actually putting heads in beds for these events? Because it seems like we have local people that come to the event, but that's not generating hotel revenue. So it is one of the... Well, I'm just going by our reporting. So, I mean, we'll get to that.

So we have high confidence that the people who are putting on the events... are saying that they're putting heads in beds during their events. We have high confidence that that number is correct and appropriate taxes being collected.

It's fine. I think I still have time. But I think I've heard the rodeo so that they can get a good number. Why can't we do this without all the other events throughout the city?

If I remember the discussion, I think Council Member Brown brought up, you know, the museum and some other. If they're doing it, then we should be doing it for all events.

Thumbs up, ma'am. Council Member Brown, Matt Bass.

Regarding the hotel tax, what I recall from the audit committee briefing, we have a third-party contractor that actually collects that for us. Is that correct? And what I recall from the audit committee briefing, they're doing a fantastic job collecting the hotel tax. We don't really have a big problem in that area. Is that correct? The hotels are paying up. We're getting good income from that. And what we're going to discuss in number 21, though, is the big problem is the short-term rentals, and we will discuss that tonight, correct? Yes, sir. All right. Thank you very much.

Thank you. Thank you. Thank you so much. Okay. Okay. It is now time for citizens' comments. Citizens will have three minutes to speak with one minute time allowed for City Council to respond with a statement or explanation without engaging in dialogue. Madam City Secretary, please call the first name.

Okay, Council Member, I mean Mayor Pro Temp.

Thank you. I just want to say thank you for making that statement. When we traveled to NLC, which is the National League of Cities, it did come up in conversation about how cities can generate revenue and tax base. One of the things that we talked about here are we struggle with our revenue generation for our city. A lot of communities across the nation are using their arts district in many, many ways. And so that is what they're concerned. I wouldn't say low hanging fruit because it is difficult to get it going. However, cities are using it extremely well across the nation to generate as a re

Council Member Nashke. Thank you, Mr. Mayor and Council, and thank you for your presentation. I was there this weekend for trolls. Yes, ma'am. I am a big advocate of Vila Arts Center. Yes, ma'am. Yes, ma'am. And supporting that. And this is not only for our youth. They have young adults. They have people in my age range still seasoned. And the types of plays that they have, it's a variety. It's just like people love the rodeo, but there are those of us who love the arts. So for the city of Killeen, we are so diverse and to have the Vela Arts Center and your passion, but what gets me is it free

I'm going to take a 10 minute break. I'm going to call this meeting back to order. We will now go into our regular session. Madam Secretary, consent item. Consider agenda, please.

Council, I will entertain a motion for consent items. Council Member Bass?

Mayor, I make a motion to accept the consent agenda.

This motion by Council Member Bass is seconded by second Council Member Nash King. Okay, is there any discussion? Okay, Council Member. Okay, there is no discussion. All in favor signify by yes. All opposed no. Okay, motion passes 7-0. Thank you, Council. We will now go into our regular session resolutions for individual consideration. Madam Secretary.

Okay, Council Member, Ms. McNair has reviewed. Would you like to see the presentation again? Okay. All right. Then I will entertain a motion. Council Member Nashking.

Thank you, Mr. Mayor. I'd like to move to approve RIS-26-142.

Motion by Council Member Nashking. Second, Council Member Bass.

Okay, is there any discussion? Council Member William? Council Member Brown?

Okay, if there's no more discussion, all in favor signify by yes, all opposed, no. Motion passed 7-0. Thank you, Council. Madam Secretary, next item.

Okay, Ms. McGowan has went over this. Would y'all like for her to? Council Member Neske? Thank you.

Thank you, Mr. Mayor. There was one that was still up we hadn't decided on, and that was Council Member Ramon Alvarez was my recommendation, and Council Member Brown, she recommended keeping the same people, and my statement was that he has a business, and that's the one we have to decide. Yes. Thank you.

Thank you, ma'am. So we will, can we, City Attorney, the names again for that Was that the Main Street Board?

Okay, so we suggest that we just go down each one. Okay. Okay, so let's just call the names out. Recommendations were? Council Member Brown, you recognize?

Okay, so... All in favor? Council Member Nash. I'm sorry. It's first Council Member Brown, then Council Member Nash-King. You're sorry? Okay. Well, I'm looking at this. Council Member Nash-King.

Thank you, Mr. Mayor and Council. I understand my colleagues... perspective on keeping all three of them, and I don't really have a problem with that, but also I think having Mr. Alvarez on there with the knowledge that he has, not only in the business, not only being a fellow council member, but also I think more so than anything, his family, he grew up on that area.

Okay. Call the meeting back to order. Madam City Secretary.

Council, Ms. Ramirez went over this. Would you like to see the presentation again? Okay. I need a motion. Council Member Kimball.

Thank you, Mr. Mayor. I move to approve RS-26-144 in the amount of $146,700. Motion by Council Member Kimball.

Okay, I'm not seeing anything. Council Member Kimball.

Thank you, Mr. Mayor. Excuse me, I move that we approve RS26-146 under the medical and pharmacy claim under the city health insurance plan effective October 1, 2026 for an amount of $1,509,582. Motion by Council Member Kimball. Can I get a second?

Council Member Williams. I second it. Okay. Is there any discussion? There's no discussion. Signify. Yes. All opposed, no. Motion passed 7-0. Thank you, council.

Okay. Council, if you would please stay near. We'll only take a second. Recess. We'll call the meeting back to order. Okay, we were.

We did get the vote. Okay. Okay, Council, would you like to review the presentation again? I need a motion. Council Member Kimball?

Move Resolution 26-147 for the DEGAG, the Defense Economic Adjustment Assistance Grant, for the amount of $5 million.

Okay, second. Council Member Nashke? Second, sir. Okay. Is there any discussion? There's no discussion. All in favor signify by yes. All opposed, no. Have all voted?

Okay. City Secretary, should we vote by hand raising?

Everyone voted? Could you repeat the vote, please?

Council, would you like to review this? Can someone make a motion? Council Member Nashke? I'm sorry. Okay. Council Member Brown?

Is there any discussion? There's no discussion. All in favor? Yes. Signified by yes. All opposed? No. Motion passed 7-0. Thank you, council. Okay, Madam City Secretary, public hearing.

Thank you, Mr. Mayor. I think, Mr. Minister, we started to talk about driveway and sharing a driveway before you ended your conversation. What were you going to say about sharing a driveway?

Okay. Thank you. No more questions, comments? Okay. Thank you, ma'am. Thank you so much. We invite the applicant to come up. Make any comments if he or she is here. Good evening, ma'am.

Okay. Do you have any questions for the applicant?

Thank you. Ms. Shanks, you are class act. You know, very seldom, like I stated before, I've been on here since 2017, and I can only recall one other developer or builder that came before us, and the residents were not happy, and they postponed it until they got 100% agreement. And that tells me the character of you, what kind of person you are. I thank you for that. That was a class act right there. I like that. I like that. But great move, great move, because I had my fellow councilwoman, my sister down there, Brown, and my concerns was those concerns. I thank Mrs. Mesher for bringing us back

Okay. There's no other questions. Thank you, ma'am. Thank you so much. Okay. I'm now opening up the public hearing. Public hearing is open.

You have a wonderful evening. Thank you. Council Member Brown? Sir. Sir. Sir.

Thank you, Mr. Mayor. Oh, sorry. My question is for Mrs. Mesher, our city attorney. Thank you. Thank you. Is that okay with you, Mr. Mayor? Yes, ma'am. You're welcome. Thank you. Thank you, sir. Thank you. So the applicant stated that she may be postponing it. So once the public, the mayor closes, Mayor Solomon closes the meeting, when do we know if she's going to postpone it before we vote tonight?

Yes, ma'am. Thank you both. Thank you, Mr. Moore. I just needed some clarity. Thank you.

Thank you. Thank you, ma'am. Thank you. Thank you so much, Council Member Brown.

Thank you. Council Member, your time's up. Council Member Nash-King.

Thank you, Mr. Mayor and Ms. Mesher. The issue we're discussing, Mr. Mayor, we've got to stay on the agenda. It's zoning. I don't want to say anything, and I have the utmost respect for Councilwoman Brown, but we're voting on zoning. We need to stay on zoning. Anything about how it developed after that is not an agenda item. The nice lady has already stated that she's taking it off the agenda, which she's going to postpone it. So I'm just asking, Mr. Mayor, for any item moving forward, that we stay on the agenda. And if we're talking about public hearing, it's zoning. It has to be zoning. Than

Thank you. Thank you, Ms. Bishop. Madam City Secretary.

Okay. There's no more speakers in public hearing. It's closed. Okay, Madam City Secretary. Next item. Oh, I'm sorry. I'm sorry. My apologies. Council Member Nesky.

Thank you, Mr. Mayor. I move to approve postponing the council voting on PH-26-031 rezoning.

Is there a second, Council Member Kendricks?

Is there any discussion? Yes. Council Member Pro Temp.

To council member Nash-King, it was recommended to postpone to the next council meeting. Is that the recommendation, ma'am, to be included in your motion?

No, ma'am. Ms. Mesher, no, the applicant gave a date. Did they give one? Yes, ma'am. I'm sorry. Next council meeting?

That was the recommendation. I can confirm that, but that was the recommendation.

Okay. Kendrick, rescind, please. Thank you, madam. No, thank you for being positive and pointing that out to me.

And I rescind my motion. So Mr. Mayor will say it again. Thank you. I'd like to move to approve postponing RS26-031 until our next council meeting, which is on.

The next regular council meeting. Thank you, Mr. King, because you're right, that is on the agenda.

Okay, so a motion by Council Member Nash-King. Is there a second? Council Member Kendricks.

Thank you all for that correction. Council Member Williams? Okay, is there no discussion? All in favor signify by yes. All opposed, no. Motion passed. 6 to 1 with Council Member Brown opposing. Okay, let's go to Madam Secretary. Next item.

Okay. If there's no other comments, we'll open public hearing. Public hearing is now open. Madam Secretary, call the first name.

I apologize. Okay, there's no more speakers. I'll now close public hearing. Council in motion. Councilmember Kimball.

Thank you, Mr. Mayor. Move that we approve PH 26-032.

Councilmember Nash King. Second. Any discussion? There's no discussion. All in favor signify by yes. All opposed no. Motion carries 7-0. Thank you, Council. Madam Secretary, next item.

Thank you. Great work. I just got one quick question. The substantial increase in the jet fuel, is that because of prices or activity?

Thank you, sir Thank you, thank you so much Thank You mr. Wilson Okay Council Have you said that we're going to open up public hearing public hearing now open madam secretary I

Public hearing is now closed. Council Member Kendricks.

Thank you. I'm going to second that motion because I second the motion, and I still have my two minutes, but I just want to make a statement. I think it's very important that we really consider moving forward in our next budget as it is so many constraints. And we're moving so fast, Mr. Mayor, that I think a thorough audit – what we want to allocate out should be done and then once it's done let's really look at if this really how do we have to spend everything because we have revenue don't mean we have to give it out we I think right now I'm just not comfortable and I'm glad you mentioned it

There's a motion on the floor. Is there a second? I have... Council Member Kimball?

No, I was on a request to speak. I did not second that.

Yes, I second that motion, but with that being said, Mr. Mayor, I wanted to ask Mr. Cager, was there any other things that we have not already voted on, funds that was elsewhere that we have not voted on to use them, if it is to be added on? I don't want to take away from anything we voted on. If we already voted on it, that's a bill. So I'm going to second his motion.

Point of order real quick. There was a list to speak, so does that list no longer exist? What happens here, Mr. Mayor? We had a motion, then a self-discussion.

I haven't seconded the motion yet. So that's not true. I'm trying to get clarity.

Excuse me. Go ahead. He made the motion. You second it.

No, sir. I was trying to get clarity before I second the motion. What did he mean? Is it only those two items, or is there something else?

We need a second. The motion is on the board. Okay, I second it. I second it. Okay, now it's open for discussion.

It's down yonder on that end. Campbell, Dan Brown.

Oh, thanks. I appreciate that. So, Mr. Mayor, this council has voted for ten items. We voted. We voted for those items. Are we going to unvote them now? We can't unfund something that we already voted for. I just need a little clarity on that.

We voted with the ten items on page two or three of this. amended. We voted on it. Talked to our citizens. Voted on them. Now we're going to not fund the things that we voted for? I just, I don't think that's right.

Well, I don't understand it. City Attorney, would you?

So at some point we had the fire department reimbursement for overtime. We voted on that.

Okay. So this council, so now they want, so the motion is to not fund the things that we agreed upon? No. The audits, that's off the table, but we're not going to unfund the homeless and the IBCC. Is that the motion?

That is the motion on the floor. Okay, Councilmember Brown, we're still in discussion.

Thank you, ma'am. Your time is up. Council Member Bass.

Mr. Cagle, on the slide where it says programs, $200,000. Yes. We're still just earmarking that $200,000. Yes, sir, that is correct. We're not making a vote tonight to give it to anybody. We're just earmarking it. Thank you, sir.

Okay. We're still in... Is there any other... Mayor Pro Tem? That's it, sir. Okay. Okay. Council Member... Okay.

All right. If there is notice, Council Member Nesking?

To understand, is this a motion on the floor or it's not?

And the motion that's on the floor is that the two items, one is the $200,000 and the other one is $50,000, what we're going to do with that? That's what I'm trying to understand, the motion.

City Attorney, will you repeat the motion, please?

Because I heard the word earmarked. So is it something we cannot vote on, we can vote on, not to make it part of this budget to give out, or it's just going to stay there? That's what I'm trying to get a better understanding of the motion.

And remembering what, again, we are just – Could you explain it again? Yes, sir.

Okay, but we, I'll teach council member, but Mr. Kegel, we, the council appropriated or they said this is what they want to see.

As a whole, as a whole council, right? We did not. Make the final vote. Right. But said this is what we want to do. We want to see IBC. We want to see the $200,000 for shelter. Okay. For homeless. Yes. Council Member Nesking.

No, this is my last time. Okay, this is my last time, and I just want to make clarity why I second that. It doesn't have anything to do with the homeless shelter. It doesn't have anything with the homeless services. This $250,000 needs to be on reserve in case we need to pull on this because one thing facility is trying to get there the other facility has agreed to extend till December and if we don't have anywhere when December come we're going to need funding so I didn't say no I just said not now to hold on to it and wait to make sure that we have somewhere funded in case the other location

Okay, call for the vote. Okay, all in favor. Is there a second? Is there a second? There is. There's no second. Is there a second Council Member Williams? I second. Second by Council Member. Yes. All in favor? If there's no discussion? It can't be. Okay, the motion fails 43. All right. So should we go back to discussion? Yes, sir. Yep. Okay. I do not see any. Council Member Bass, thank you.

Yes, sir. Mr. Cagle, if we include the $200,000, We still do not have to hand that out. Is that correct? That is correct. Thank you.

And again, can you just state for the record that that $200,000 was not directed. We changed that from one particular organization to homelessness in general for anything that might come up as it relates to that particular issue.

I rescind my second. I got some clarity, and that's all I was trying to get in all this bad attitude, and I wish Council respect each other. I just wanted clarity, and thanks to Councilwoman Gonzalez, Council Member Bass, and Brown for getting that clarity, and Mr. Kager. That's all I wanted, clarity, and I rescind my second.

Okay. Council Member Nashke has rescinded her second. If there's no second that motion fails. Bill OK. OK, uhm. So we need the Councilman Brown.

Okay, is there a second? Second. Council Member Bass?

Ms. Nash-King already seconded. Oh, no, I guess she's not recognized. I second it.

Okay. Is there any discussion? Okay, Council. Okay, if there's no discussion, all in favor signify by saying yes. All opposed, no. Motion passed 7-0. Thank you. Madam City Secretary.

Ms. McNeil, you have the floor again. Hello again.

I make a motion to... Provides direction to allow the staff to pursue the use of the existing fountain funds to enhance and beautify the community garden.

Is there a second? Council Member Nash-King? Second. Okay, open for discussion. Council Member Nashking.

Thank you. Mr. Mayor, have you contact, I mean, not you, Mr. Cager, have you spoken to the committee that started the foundation during that time?

Is there any other discussion? If there's no other discussion, all in favor? Signify by yes. All opposed, no. Motion carries 7-0. Thank you. Thank you, ma'am. Madam Secretary.

Thank you. Everything I have read about data centers, this is entirely reasonable and logical method for a city to regulate data centers. So thank you very much. This makes perfect sense to me.

Thank you. Thank you, Ms. Special, for your work that you've done on that previously. I would agree. And looking at some other reference cities, it looks like a lot of them are regulating also the because what we want to do also is make sure that we're putting in some sort of performance in the ordinance, so meaning that we are watching water demand and that there's a conservation plan. So water demand and conservation plan prior to approval I think is essential. And what I wanted just to confirm as well in your presentation, I didn't see it, but when we were defining, I know that you had the

Thank you, Mr. Mayor, Council. My question is for legal, please. Yes, ma'am.

Attorney Clements, Council Member Brown brought up a point about the state, and my question is, Once the state, Governor Abbott, everyone knows they're discussing the item, but whatever the state comes with, they vote on. And the governor, they vote on it, and this is the way it is. No matter what we put in place, we... One of the things she said was amendment. Can we amend what, if it's something that goes against what Ms. Mesher just said 100%, it goes against what the state wants. We will have to change it, or can we just, as Councilwoman Brown stated, which makes sense, but I'm not legal,

Yes, ma'am. And since I still have time, Mr. Solomon, I just wanted to say I agree with Councilwoman Brown's recommendation on that, but I just wanted to get a legal perspective on it. Yes, ma'am. Thank you.

Let me ask you this. In terms of the size, as far as the size, you mentioned about a 195. That was a medium size. Was that a small? It's a small.

Because there is really as far as size, we only can between a medium or small size. there's no land mass that would hold like they're doing in Killeen. Maybe I need to ask Mr. Cagle in terms of land mass. We've seen some huge data centers in Temple.

But right now, When we're looking at data centers, are we only talking small or medium?

So is that something similar to what we saw in Temple?

Thank you, Mr. Mayor. I tend to agree with Councilwoman Nash, the first part of her assessment, that the state, I think a lot of things will get cleared up. I agree on putting everything categorizing them in a size. But when it comes to particular ordinances, I just really think that we should wait to see what comes out of Austin before we do that. I think we have... we have you know we have people on the ground in austin that that is that is monitoring this daily i think we get something from our our lobbies literally every day on on this issue uh and i i really would like to take our guidanc

There's a motion by Council Member Brown. Is there a second? Council Member Williams.

Okay. Is there any discussion? Mayor Pro Tem.

Yes, sir. Thank you, because I do appreciate actually being able to have a conversation about moving our city forward. I do want to remind us that regulation and local land use regulation are completely different. So us being proactive versus reactive, kind of hammering out these details of what, if in a data center, is what are small, medium, sizes, usage locations. Having these conversations early on, at least at a minimum, I think are important. So I do appreciate the conversation. And then also, if a developer approaches us before we hammer this out, what does that mean for us if we have n

Understood. And then would it be, is there a way to, in this case, because these are so unique and they tend to, they can also be owned by entities that are outside of the United States or foreign entities, is there a way to work on transparency regarding ownership? Are you familiar with how we could, can we regulate that potentially in the future with the disclosure of ownership, of actual ownership of the data center? meaning subsidiary from other companies. You know what I'm talking about, right, when I say that? Okay, thank you.

And I'm only asking because I don't know the answer to that. Okay, very good. I'll flag it just to continue to look at it. I just wasn't sure. Thank you. Very good. We're in uncharted water here, so I just wanted to inquire about that. Thank you so much.

So the motion on the floor... is different than the proposed zoning regulations in this slide. Am I correct? Yes, sir. Because the motion I'm hearing, they would all be conditional use, not by right. Am I correct? That's my understanding. Thank you.

Yes, sir. With that being said, can you really extend to when they come, everyone will have to come to us if a data center wants to be built, and it will be case by case, and we will decide if the council want it, and if so, how we would like for it to move forward. Okay. Correct.

Yes, ma'am. And what I wanted to say with that is that, so going back to Councilmember Kimball, what he stated, Your recommendation is to move forward because my concern is for state and what they would do. But your recommendation, Mr. Cagle, I'm not saying legal, Mr. Cagle, you're saying put something into play and let's just have it on record because this is what the council wants. I didn't say you all wanted it. I see that. Look, this is what the council wants. We're just doing what they ask. But your recommendation, would it be to wait?

And if the council do decide to vote on one, just hypothetically, because I know everybody knows this data center wants to come now, would we, and we have to change it, would that particular, if the council vote on the data center before the state complete their conversations on it and make a decision, would that particular data center be grandfathered in you? If it changes to ordinance by state?

All right. I know you're saying hypothetically, but that's everybody up there is hypothetically. It's just not me. My ears are working fine. I'm just throwing it out there to make sure that we're all on the same sheet of music. If there was something different than what we voted on today or moving forward with a motion or direction, if it was changed, I just want to know by state if they say, no, we don't want you doing it that way. We want you to follow this guideline. I just want to know if they'll be going to follow it then. That's it.

Thank you. Council member. Is that it, ma'am? That's it. Council member Kimball.

Thank you, Mr. Mayor. And I appreciate the discussion from my colleagues. It's a serious subject. And, you know, it's like when you're watching TV and you see the tornado and you know it's coming and, you know, we've got to prepare, right? So I think we're preparing. And I think and I hope that If the motion approves, there's some questions that need to be answered. And we talked about water usage. I don't know what an accepted water usage is for a data center. And I don't know if we can put that in ordinance. I don't know what acceptable is. I don't know what acceptable power consumption is.

Okay, all in favor, signify by yes, all opposed, no.

Motion passed, six to one. Mayor Pro Tem, opposing. OK. So we just go for the vote. All in favor? Yes. Would you repeat the motion, please, City Attorney?

Okay. All in favor signify by yes. All opposed no. Motion passed 6-1. Yes. Yes. We see... Oh, I'm sorry. Motion passed. City Secretary was 5-2.

council member king voting no and council member kimball voting no is that incorrect yes i was trying to i'm not i'm just trying to uh vote yes and i i i clicked on it and i clicked on no but when i clicked on yes and no it came up no but i was trying to click on yes and it wasn't working for me so i turned around hit no to see what that worked but I'm not trying to – if I can't change it, I won't. But I was really trying to vote yes. And I'm not trying to change if it's illegal. I don't know. Let us start again.

In all fairness, we've been having a problem with technology all night.

Thank you, Mr. Mayor. I make a motion that we reopen the vote due to technical issues that we've been having.

Nothing's correct, so we'll hand vote. So all in favor, raise your hand. All opposed? The motion passed 6-1. with Council Member Kimball opposing.

Thank you, Mr. Mayor, Mr. Grady. Thank you. That was a lot quick. Thank you for that. That's right. Your recommendation is a great slide show, but I thought that we had this problem like a year ago. We knew we had some concerns. And Mr. Cagle, correct me or Ms. Tangleland, if that's okay with you, Mr. Mayor, I want to come back and ask this. But I thought we agreed that the council agreed we was – It was going to be rectified. We was going with another company. Once we realized they were overcharging us, I thought we, if I'm wrong, I thought we fixed this.

Yes, Ms. Tangle. I thought that was the council direction that, hey, we knew we had a problem. And thank you for the audit because you showed me some more stuff I didn't know about the process. So could you help me with that, Ms. Tangle, because we knew a year ago there were some concerns and everything. Okay.

Oh, okay. I just thought we worked on it. Okay, thank you. Thank you. So that makes sense now. Thank you. Thank you, Mr. Green.

Is there a second? Council Member Nash-King? Is there any discussion? If there's no discussion, all in favor signify by yes. All opposed, no. Jesus.

Okay, incorrect voting list with the electronic system. Let's raise your hand, all in favor, would you raise your hand? Okay, motion passed 7-0. Okay, Madam Secretary.

I think the dates are, yeah, from 12, yeah, it is, I think, 12, 14th.

Would you say that again, Council Member Brown?

Okay. All right, Council Member Nash-King.

Wednesday is a church night for a lot of people, so I think Thursday, October the 8th, would be a good choice.

With the time as well? It wasn't a motion.

OK. I will make a motion that we change the city council meeting to October the 8th at 5 PM.

Is there a second? I second it. Second by Council Member Williams. Open for discussion. Mayor Pro Tem. Council Member Kimball.

Mr. Mayor, for the council, is it possible we can have that meeting on the second earlier in the day? Maybe 2 o'clock? We'll be finishing. If we have the meeting at 2 o'clock, then we can make National Night Out at 5. without disrupting everybody's already scheduled off days, because I had time off on the... Is there an issue with early in the day?

Are you talking about the same day of National Night Out?

We're under discussion. I didn't know if the second during the day was available, maybe starting at 2.

Well, I think the problem with it, Mr. Cagle, isn't it? It depends on how long our meetings would go. It could be anywhere from four to five hours.

Wow. Thank you. Okay. Could you repeat the motion again, please?

Okay. If there's no discussion, all in favor signify by yes. All opposed, no.

Okay. Okay, we'll use the hand raise. All in favor, raise your hand, please. Okay, all opposed? Okay, the motion passed 5-2.

Council Member Kimball and Council Member Kendricks oppose. Okay, so that's set for October the 8th at 5 p.m.?

Okay. Thank you, Mr. K. Okay. Okay, so now it is time for citizens' comments on items that are not listed on the agenda for the meeting tonight. Citizens will have three minutes to speak. Comments under this section are limited. To the first 10 members of the public to sign up to speak, the mayor and council members will not discuss items that are not on the agenda nor respond other than possible offer a brief statement of specific factual information or propose to place an item on the agenda for a future meeting. Madam City Secretary, please call the first name.

It's wrong? That's wrong? My time says this. City Secretary? Excuse me. City Secretary?

Come back up, sir. Our apologies if we haven't taken no difficulty here.

Thank you, sir. Thank you. Thank you so much.

Okay, thank you. Council, I would entertain a motion to dismiss. Council Member Nashking?