City Council - Regular Meeting

Good evening, everyone. Apologies for running a little bit late tonight. Welcome to this regular called meeting of the Temple City Council for August 6, 2026. It's about 520. Please rise as our invocation will be led by Buford Craig with the Pledge of Allegiance and the Texas Pledge led by City Secretary Jen Llewellyn. Thank you both very much. Now we'll move on to public comments. Any citizens who wish to address the City Council may do so. Please know that we ask that you keep your comments to no more than three minutes. I have my handy bell up here. I'll ring it when you've got about 15 seconds or so left. Please understand that no discussion or final action will be taken by the City Council. So we will start with Alan Lytle.

step to the podium and state your name and then on deck we'll have joe royer if i'd known i was first i wouldn't have sat down alan lila live here in temple on the 24th of this month across the street from me a duplex caught fire in less than five minutes our fire department two trucks and a ladder truck came and were there to extinguish the fire. We had about four police officers there to direct traffic to keep people away from us. And they did such a fantastic job that I just wanted to come up and say thank you to them and our police department. And to point out that every time I come up, I've talked about making sure we stay ahead of our population. So we have fire trucks and fire departments fire houses where we're building new houses so keep that up please yes sir thank you yeah thank you no job all right next up will be uh carly byrd miss brindley you're on deck um so people online said they can't hear so um maybe if we could fix that

Joe is not here today. My name is Carly and I live in Temple. He asked me to read this. It has come to our attention that Rowan is requesting an easement for natural gas pipeline, the same size that Panda Power Plant uses to produce 1500 megawatts of electricity, enough to power all of Bell County. Rowan's parent company, Quinbrook, told us last year they had approval for 1600 megawatts. before Temple City Council ever mentioned these new developments to citizens. Is Rowan trying to build a new power plant next to existing homes, right next to a church? Of course, we are checking with the appropriate regulatory agencies, TCEQ, PUCT, ERCOT, and the Railroad Commission. But my question again is about the water. How much water will this use? Where will the water come from? Power plants use a lot of water. Most of them use recycled purple water, but this is no purple water. Sorry, there is no purple water available according to the agencies that oversee water. Is the city of Temple planning to annex this too so we can give them more of our drinking water? We know these details are often approved long before you allow public comments or officially vote on them. I know for a fact at least two of the landowners are planning to fight this. Will you use eminent domain to steal private property to give corruption without any public benefit? What exactly is going on? And that's all Joe had to say. My name is Carly Bird and I live in Temple for about 18 years. I'm from Houston, the Houston area, and development has always been around me. So I know no different than that until I came here. I started to connect with the land and have more of an appreciation for the rural vastness that Temple has to offer. When I saw Sarah and Joe and others plea on Facebook, I decided to show up to a city council meeting myself. showed up alone, and sat alone. That day I could see clearly the disdain, entitlement, and pompous attitudes of the council members, especially you, Mayor. This is more than about data centers. From the beginning, after watching older council meetings, I saw that Sarah, Joe, and Nell, and Margie respectfully and politely asking for baseline testing. Even after a seven and a half hour council meeting, you already had your minds made up and we were left unheard and ignored.

Ms. Byrd, your time, your three minutes is up. Great, thank you. Thank you. Ms. Brindley? And then after that it will be Jay.

Nell Brindley, native, Temple, Texas. When politicians in Washington get perks and accrue wealth from insider trading, we are rightly appalled. When Temple City leaders get perks and their supporters and fellow church members get sweetheart land deals, they defend them by reminding us all that council members don't receive a salary. May I remind you that servant leaders don't expect to pay back. May I also remind you that over 10,000 Temple voters don't want you in office. The only reason you're still in office is because you, Mayor Davis, and others, by your own admission at the last city council meeting, participated in changing the city charter to make it next to impossible to recall you. To be clear, we do not want your NDAs. We do not want Meta and Rowan and their 12 hyperscale data centers. We don't want your flock cameras spying on us and taking away our right to privacy. We don't want the millions of dollars of debt you created with your bad decisions. We don't want your fourth rate healthcare for city employees or your recent secret ASR well for Rowan. just to name a few currently the balance of power in temple is weighted toward builders developers and those who benefit from those trades i'm praying for godly men and women to run for your seats so that we can take back our city temple cannot support 12 data centers Your former city attorney ridiculed us for using what she called scripture sandwiches. So let me leave you with this. When the righteous rule, the people rejoice. When the wicked rule, the people mourn. It grieves me to say it, but you have betrayed our trust.

Thank you, Nell. As a point of clarification, at the last meeting, I did talk about the charter review. That would have been 2014. And that was a process. I did participate. I participated by appointing people to that board. And then ultimately, that charter review came before the voters. And the voters of Temple approved that charter review. That's how I participated in it. Yes, sir. Oh, and on deck, we'll have CJ.

Good evening, Mr. Honorable Mayor and the council members. Mayor, I just want to make sure that topics after that I have another question. come back and discuss about the items on the list?

Yes, if you're going to speak about a specific item.

Yes, sir. So the item two, the budget, I know I looked at the financial. That lady did a great job, city manager. Or we can have a hearing on the budget, $323 million on the city. I thought it was a good idea. But I was looking at some items because senior center, we had a blast, you know, fire. I didn't see anything. Maybe I missed out. Or we could have that. That's a topic. The other one... Number 13, the battery storage system. I thought it was a great idea. I just find out they withdraw the meeting on the battery storage system. I think it's a great idea. The same thing, you know, Mr. Mayor, I'm 100% supporting. I'm new to the West Texas right here. Bought a house. I work right here in the downtown. I'm 100% support of the data centers. We need data centers, technology. If you see the second quarter, economic data came out of the US government. Everything is artificial intelligence. We don't want to lose. I support everyone here. If you need the help to campaign, I'm ready for you to help me out. Thank you, sir. Appreciate it.

And we will, uh, we will set the days for, uh, the public hearings for the budget. Yes. Next item. Um, Jacob Hughes, you're after you're after Mr. Grisham, CJ.

I wrote my comments down because I'm pretty pissed off, so I thought I'd protect myself by writing what I had to say. My name is CJ Grishaw. I'm here to put this body on notice. In August of 1946 in McMinn County, Tennessee, men who had just come home from fighting fascism in Europe and the Pacific found that the government waiting for them had decided the law no longer applied to it. The machine had paperwork, titles, badges, but what it did not have was lawful authority. And what it truly did not have was any respect for the people it governed. It considered them beneath consideration. The people of Athens eventually reached the end of what they were willing to tolerate. Nobody wanted it. It happened because every lawful door had been shut, one by one, by the very officials sworn to keep them open. Then in 2014 in Bunkerville, Nevada, a federal agency arrived on the ground convinced that its own internal determinations were the same thing as due process. It found out otherwise. That standoff did not end because anyone won an argument. It ended because the government finally recognized it had walked past the point of no return and it withdrew. both share a lesson and this council needs to hear it clearly when government convinces itself that it's convenient for the same thing or its convenience is the same thing as its authority and that the people it governs are beneath its notice it creates confrontations it never intended and which it cannot control which brings me to the mayor mr mayor You meant today to decline my family's call, but you answered it instead. I don't think you know that. And what the line captured was you calling us quote rednecks. I don't know what the fuck's wrong with you. Not a policy disagreement, not a legal position contempt spoken freely because you believe no one who mattered was listening. I want to be precise about why that matters because this is not about hurt feelings. It explains everything else that we're fighting the city over with regard to our land. A city that respected its residents would not grant easements across land it does not own. It would not skip condemnation procedures. It would not send contractors onto private property armed with a piece of city paper and an assumption that the homeowner will simply move aside. You don't know the Grishams very well. those things happen when officials have already decided privately that certain people can be rolled over you said the quiet power part out loud into a live phone so let me state where the law actually is this city cannot convey what it does not hold there has been no common condemnation proceeding no good faith offer no special commissioners no landowners bill of rights no adequate compensation nothing that chapter 21 requires and nothing that the Fifth Amendment in Article I, Section 17 of our Constitution demand before a single shovel touches our private soil. A resolution is not a deed. A permit is not a taking lawfully accomplished. A fiber company holding a city piece of paper as a trespasser, not a condomner. Understand what my family intends to do. We will not sign. We will not consent. We will not be talked into surrendering by crews who show up implying the matter is already settled. We will meet this in court, and we will stand on our own ground while we do it. Every unlawful entry will be documented and opposed, either legally or physically. Every official who authorizes one will answer for it personally. I will remind this body that the word rednecks on a recorded line is going to read very differently to a jury than it did to you in the moment you said it. You can fix this tonight. Stop whatever that company is called. I already forgot what their name is. Follow the statute, condemn lawfully or do not condemn at all. Correct this now while it's still a legal dispute and nothing more. This is entirely in your hands and it will not stay there forever. And I've got the easements and all the property documents right here that you guys are issuing illegal.

Okay.

Thank you. Uh, Mr. Jake, Mr. Hughes, Jacob Hughes.

Yeah, forgive me. I'm not good at public speaking and it scares the life out of me, but my name is Jacob Hughes. I'm resident of district one here in temple. I'm an eighth generation bell county resident. My family's stuff is sitting in the bell county history museum. There's books on my family. My uncle is buried 50 feet from Sam Houston in the state cemetery. Y'all are wasting good farmland. You're causing skyrocketing utility bills for residents, massive water depletion when we're already in frequent drought cycles, and we're building a giant pipeline from Belton down to Stillhouse to siphon more water off of that lake. And yeah, we pull our water right out of there. Well, a few feet down river. You're making hidden backroom deals for tax breaks with these big companies, you're gonna let These things happen right next to residential areas where there's gonna be a constant droning noise that's just gonna drop the property values, just like a freight train running right through the middle of town. It's gonna cause problems for people, for children, for livestock, all of that. And you don't even care. Most of these data centers only create 30 jobs permanently. Sure, great for the construction industry, which a couple of y'all are in. Terrible for the citizens. And those wages, they're going to be repressed because Scott and Dwight controls the wages in town, the biggest employer around. They love to pay nobody nothing. I'm disappointed in my city council. I'm disappointed in my representatives. Some of you probably ought to go to jail. You're signing deals without doing any proper scientific research on these lands. You're hiding behind a charter like it's a shield. And I think it's time for us to change that. I think it's time for us to recall some of y'all. Put up real representation. People that care about the citizens of this county, of this city. I think it's high time. Thank you. Thank you, sir.

all right moving on to uh yep that's everybody moving on to the next item our budget items um item three uh three reads uh that we are going to discuss the proposed tax rate 3a is to consider adopting a resolution setting a proposed tax rate is 0.6999 item b is to consider adopting a resolution scheduling the public hearing on the proposed tax rate for 10 a.m. on August 27th, 2026, and 3C is to consider adopting a resolution scheduling the adoption of the tax rate at 10 a.m. on August 27th, 2026. Ms. Bernard? Yes, thank you, Mayor Thompson.

Just tonight, we just read this is part of the budget tax rate adoption process. Process and timelines for required meeting dates, publications, and notices, and motion language is governed by state law, truth and taxation, and also by the city charter. Here's our calendar, and as we're here tonight, we're going to discuss the proposed tax rate, and council vote on the proposed tax rate, and you're not voting on the rate, but you're setting the ceiling of the tax rate. Hello? Can you hear me? Sorry about that. Looking at our tax rate calculations and these are all generated and we review them through Bell County Appraisal District and we still do not have our final rate calculations. They sent one out today at 11 something. We reviewed it and now we'll have our final later. But looking at our prior year tax rate, it was 0.699. Our no new revenue rate with some data, which we know that it will be higher, is set today at 0.724. And then the voter approval rate, again, I know this rate will be higher, is 0.7184. An unused increment, which is a rollover and save from prior years, is a little over 10 cents. And when you add the voter approval rate to the unused increment, the maximum rate that you could set without going to the voters, and again, I think this will be higher, is 81.92 cents. Again, we're waiting on those final calculations to have those actual rates. The no new revenue rate is the rate that would yield the same revenue as last year on the same properties. Basic formula simplified would be last year's levy minus lost property divided by this year's value minus new property value. The voter approval rate is taking that rate times 1.035 percent plus the debt rate. The no new revenue M&O rate times 1.035 plus the debt rate And that sets the rate that if you approve anything above that, it has to go to the voters to be approved. And then again, the unused increment allows the taxing unit to bank and carry forward unused tax raising capacity when they set a rate lower than their maximum allowed voter approval tax rate. And currently that is three years' worth of foregone revenue rate components. Again, the FY27 tax rate that was in the proposed budget was 69.99 cents, the same as it was last year for debt and the M&O. And on the far right is, again, you're setting the tax ceiling. Here I have it at 69.99. You're not establishing the components of the rate, but just the rate ceiling that you could adopt without starting the process over. And just for reference purposes, one cent on the tax rate generates a little over $900,000. Looking at the tax rate historically, our M&O goes back to 2018. It was at 0.3142. And at the 69.99 in the file budget, it was filed at 37.54. And then our debt rate, and it's been intentional to keep, minimize any tax rate increase on that and stabilize the debt rate and propose this year is the .3245 that was in the file budget. I have a chart here that compares the City of Temple's proposed rate that was in the file budget to other cities in our area. You can see Georgetown is the lowest, and then City of Waco is the highest, and City of Killeen is above City of Temple. And again, our calendar tonight, again, setting the ceiling. August 20th would be the first reading approving the tax roll and levying taxes and the first reading setting the tax rate. And then August 27th is the final adoption of the tax rate and the budget, the tax roll and levying the taxes. I'd be happy to answer any questions, but I just don't know if Ms. Myers has anything to say, but again, just looking at, you're not setting the rate, you're setting the ceiling tonight.

go back to the calculations from the appraisal district I did if I may mayor just a few comments so as those of you who've been on the council for a few cycles probably recognize it's a little bit unusual the position that we're in tonight without having final numbers from the appraisal district So typically when you're at this point in the process, you have the final numbers and the final calculations on what the no new revenue rate is, what the voter approval rate is. And so this is a little bit of a different scenario that we're facing tonight. As Tracy has said multiple times, the point in the process that we're at tonight is not to approve the tax rate or adopt the tax rate or finalize the tax rate. This is really a step in the state law process that requires you to set a maximum ceiling of the absolute highest rate you would consider as you continue through the process for the rest of this month. because we what when I filed the budget my proposed budget with to you as you know I filed that based on an unchanged tax rate of sixty nine point nine nine cents which was intended to generate the same amount of revenue from taxes this year as we received last year Again, the preliminary numbers that Tracy's showing you right now show that actually the tax rate that would be needed to generate that same revenue is actually slightly higher than what I had proposed in the budget. And again, these are not the final numbers. Hopefully we will have those soon, but we unfortunately, and Tracy and I are both sorry for that, but it's really out of our control. We don't have the final rates to present to you tonight. So just keeping that in mind as you make your decision. You do need to set tonight whatever the maximum rate that you would be considering throughout the process. And I know that's a little bit difficult given the fact that you don't have the full numbers. But if you're comfortable continuing, it'll help us keep on track to get the budget adopted. And again, you don't have to have, it doesn't have to be the final number that you'll ultimately set once you get the data, the complete data from the appraisal district. Um, but, uh, I just, I can't stress enough that tonight's action, you have to set the highest rate that you would consider, um, not the actual rate that, that you want to adopt.

Yes, I'm sorry.

We'd have to start the, the timeline and process over with.

again I'm sorry about that we're kind of at the mercy of the appraisal district and I know that they're working hard to get those figures to us but we we would typically have those and we do not have them tonight we had them earlier today and then noted some

discrepancies on the new value because we knew what the new value or a big portion of the new value that was added just from palmer the data center was that wasn't complete and we only had 300 and something million dollars of new value in our truth and taxation rate calculations. And so we had to send it back and they were scrubbing through the data again and I received a call earlier that or in our work session that they should have that information to us by tonight or later tonight or in the morning.

We know that one property that came on a tax roll this year is more than what they reported in new value. So we don't know what the new value is, but we know it can't be what they had in their calculation because the metadata center was more than what they reported alone.

could you take just a minute and sort of walk through that three and a half percent and the kind of that leftover amount and just sort of put that on public record of what that actually means in a very simplistic way the the state allows you

So a tax rate is a function of two things. The value that you are or tax revenue, if you will, is a function of two things. The value that you're taxing multiplied by the rate that you set, and then that generates the revenue that you use to pay for city services. So If the value that you're taxing is, say, $1 billion and you multiply it by a certain rate, then that's going to give you a certain amount of revenue. If you're instead taxing $2 billion, then to get that same revenue, you can cut the rate down to generate that. So what the state tries to do in a very complicated formula, but but the basic premise of it is, is that for the same properties that you taxed last year and the same properties this year, the there's supposed to be a rate calculated that is called a no new revenue tax rate. So what is the tax rate that would be required to be set to generate the same revenue from the same properties that were taxed last year versus this year? So it essentially eliminates if your appraised value on your home or business went up, then your tax rate should go down, the overall tax rate should go down to generate the same revenue. then the state allows cities to go essentially 3.5% above that before seeking approval from the voters. Again, it's more complicated than that, but that's the general premises. If the city council in any given year doesn't use that full 3.5%, then there's an increment that's created that you're allowed to roll over to future years So if you could have raised the taxes one more cent last year, but you decided not to, you can apply that cent to a future year. Again, that's oversimplifying it, but that's the basic premise. And that is a three-year rolling value. Three, that number's different every year because you don't get to keep it forever. You get to use it either the next year or the following two years and then it drops off. So over time, Tracy, could you go back one more slide? Over the last three years, keep going back to that same, to the appraisal districts one more okay so over the last three years again we don't have the final number but approximately you could you could have raised the taxes 10 cents more than you did so you get that's your unused increment that's the unused portion of the maximum tax rate so under current state law you have the opportunity to essentially add that to this year's no new revenue value. And the reason, you know, I believe the reason that the legislature allowed for that was to prevent cities from feeling like they had to raise the tax rate to the full maximum every year. preclude for unknown you know issues that might happen in the next year so they gave cities and other taxing entities you know a little buffer so that you you the goal I think from them was to prevent you from going up to that three and a half percent every year if you didn't need it with the backstop that you could you could come back in and continue to use that for a couple of more years if you have additional needs

I remember whenever that 3.5% came out, before they added the ability to hold back and use it in the next three years, anything you didn't use in that, I said it worse, you know what I mean. That was the conversation was that, well, what's gonna happen now is every taxing entity is gonna go to the max every year. to protect themselves and so so ultimately i think it was a good um i think it was a good plan to allow a taxing entity to be able to hold back any of that quote unquote increase that they didn't use because it has prevented um it has prevented uh taxing entities from doing that but i think for the city of temple for the city to have basically, what, 11 cents or so over time. I think that has shown that even though we, I guess a dime, even though there was that quote unquote opportunity to raise tax, the city was able to manage their funds to the point that we did not use that 3.5% every year. And that's what has created this was good financial management.

So that that yeah, that's that is based on the current information we have from the appraisal district. What's unused from the last three years that you could if you wanted to, in addition to the no new revenue, you could and the three and a half percent you could apply all or a portion of that unused increment to the tax rate before you hit your voter approval rate. That's how they, as you've heard me said many times before, one thing is for sure about the calculation process for property taxes. It is not simple. It is very, very complicated and complex. And so it's not particularly easy to understand. There's a lot of formulas. There's a lot of times, you know, when you calculate this part of the rate, you use the MNO and the INS and then sometimes you back out the INS and then you put it back in and you add the 3.5% multiplier only to one part of it and it is a complicated formula in state law. But that's just trying to simplify what the intent was that basically if you didn't spend it when you could have, it gives you the opportunity to use it for three more years.

Truth in taxation process has made it more convoluted. Not the intention, but that's what happened. Okay.

Mayor, to add just slightly more detail to the unused increment, 9.13 cents was generated last year. You could have went up 9.13 cents higher than you did. The year before, you used 1.58 cents from the year before. And then you still have leftover from FY24 1.42 cents so you add all those together it equals the 10.08 yeah very good very good

Okay. Thank y'all for that.

That was a lot of numbers. I'm not sure if we helped or confused.

That was, that was transparency. You quit this transparency.

But the, um, again, the, the budget was filed based on, um, before we had even the, even the preliminary role, you know, we, we proposed the budget. Um, we proposed that at 69 99, which again was staff's intention to keep the flat, the tax rate steady. Um, at this point we would typically have the, um, I actually haven't been part of a process in my 20 years in government where we don't have these calculations yet. So again, this is a little bit unusual. But you do need to please set a maximum tax rate tonight. Again, it is not ultimately what you adopt. I mean, it can be, but it doesn't have to be. You can go down. You can't go up.

Got it. Council, any questions on any of that? Comments? Clearing anything up? Anything? All right. Then I read all three items in. We will vote on them one at a time. Item 3A is to consider adopting a resolution setting a proposed tax rate of 0.6999. I'll accept a motion.

I make a motion to set the ceiling at $0.72.

So 0.72? 0.72. Again, that's the max. We're not setting the tax rate. We're setting the ceiling.

Correct.

OK. We have a motion by Councilmember Emmons. We have a second by Councilmember Pilkington. Council, please cast your vote. I vote aye. Here it comes. Item 3A passes five votes to zero.

Did everybody get that?

Okay. Moving on to item 3B is to consider adopting a resolution scheduling the public hearing on the proposed tax rate for 10 a.m. August 27th, 2026.

I move to set up the hearing on the post-ax rate for 10 a.m. August 27th, 2026.

I have a motion from Councilmember Pickington. I have a second by Mayor Pro Tem Walker. Council, please cast your vote.

I vote aye.

Item 3B passes five votes to zero. Item 3C is to consider adopting a resolution scheduling the adoption of the tax rate for 10 a.m. on August 27th, 2026. We have a motion by Mayor Pro Tem Walker. We have a second by Council Member Grant. Council, cast your vote. I vote aye. Every time you've done that, it's worked. You say I vote aye, and then you vote, you're voting for him? Okay. All right, so item 3C passes five votes to zero.

Can I make one note before you go on to the next agenda item?

Yes, you may.

Sorry, I just also want, for clarity, especially since there was a public comment about it earlier, Again, state law has a lot of requirements about what you adopt, so they require that you schedule the final public hearing the fact that that's what you've done right now is the day that you are going to finalize the tax rate. But I do just want to remind everyone for whoever might be interested that there will be another reading and public hearing related to the tax rate at your very next meeting. So August 20th, we'll have another action item related to providing you additional information. on a completed role, hopefully, with all of the calculations, and there'll be another public hearing on that. There'll be a public hearing on that day, and then you'll have the final adoption on the 27th.

And just to make note, that is a 10 a.m. meeting.

The 20th is your regular council meeting at 5.

The 27th, the one we just approved, is 10 a.m. And that's sort of standard operating procedure, but it is outside of our normal 5 p.m. meeting, so just heads up on that. All right. Next item, item four is a second and final reading to consider adopting an ordinance authorizing an amendment and adopting the tax increment financing reinvestment zone number one financing and project plans to align with the master plans which include allocating bond proceeds, adjusting revenues, allocating funding for future debt service, operating expenditures, and public improvements for fiscal years 2026 through 2062. Ms. Bernard.

Yes, thank you, Mayor and Council. I do have a presentation that I had on the first reading. I'm happy to go through that with you. All right, we just mainly had this that it needed to be before the bond items and before the contract items.

Is it this one, Tracy?

Yes.

This would typically be on consent agenda, Mayor and Council. So if you'd like a presentation, we're happy to do that. We pulled it to here because some of the following items are contingent upon this being approved.

And I don't mind going over it real quick. It's up to you. just a summary of the amendment the source of funds that we're looking at is revenue updating our FY 26 increment based on receipt of the certified role again we normally do that in the fall but we waited for an amendment going through some master plan and reviewing projects. It includes added sources of funds from change in project status. We're recognizing project savings and allocating those to other projects. A big item on the financing plan amendment is allocating close to 125 million, 124,490, for series 2026 TERS revenue bonds that Mr. Wegmuller and our legal counsel will go over in a few minutes, and also it includes some revenue from land sales. Use of funds, we are adjusting some operating expenditures. You can see down that list. We're also allocating debt service for the revenue bonds. Average annual when we put this together was 9.2 million. Again, Mr. Wegmuller will go over the detail of that. Projects, we had updates and adds totaling 3.2 million. Future land purchases are right away of 15.5 million. And then allocation of the sources of funds reviewed above of $283.7 million to projects. Again, looking at the tax increment revenues, this shows the column with the plus or minus in dollars is showing is the third column of numbers, shows the increase from the proposed amendment to the current financing plan, and then the last column shows the annual increase in increment, the historic increase. Looking at, and I'll go over this again, the tax income revenue bonds from this list of projects, starting from Old Hard Road Phase II, $27.3 million. Dozier Farm Industrial Pretreatment, $20.7 million. And again, I won't go over the whole list, but that's the list of projects for the revenue bonds to be used for. And in preparing this, and I have an updated schedule of this, looking at these bonds, the source of payment is increment revenues. You're not levying a tax. It's revenues coming through the taxing entities that participate in the reinvestment zone. And we have bond covenants that require us to have a certain level of minimum debt service coverage, meaning we take the gross revenues less operating expenses and what net revenue do we have to pay debt service? And that legal limit I believe is 1.10 or 1.2, 1.3. 1.3 and based on our updated revenues and our debt service, we set an internal rate of making sure it's over two times. And our final calculations did show that we had double the debt service coverage, meaning the money to pay the bonds, in our future revenues. Just our timeline, we had bond ratings the week of July 20th. We had bond rating and insurance assigned and approved the week of July 27th. And tonight you're here to consider the ordinance and approve the sale. And then we'll actually have the funds close on the bonds. Um, August 27th in a overview of the master plan project funding for the reinvestment zone in 2026. We do allocate all the proceeds into 2026, but total funding for projects in 2026 is $236.3 million. And you see at the bottom line for 27, 112, 34 million and 21 for a total in a six year period of $446.5 million of projects that are allocated in the reinvestment zone financing plan. And it shows each part where those improvements will take place. And again, just a summary of the source and use of funds and showing our available fund balance at the end of each year. And again, I'd be happy to answer any questions related to that plan or amendment.

Thank you, ma'am. Council, anything for Ms. Bernard? We've talked about these projects, been in lots of meetings over time. It's a lot of money. All right, very good. If there are no comments for Ms. Bernard, council, I'll entertain a motion on item four. I make a motion to approve.

Is that four?

It's four, four is correct, right? Yeah, okay. We have a motion by Council Member Emmons. We have a second by Mayor Pro Tem Walker. Council, please cast your vote. Item four passes five votes to zero. Moving on to item five, uh, I'm gonna read items five, six, and seven in together. Then we'll hold, uh, one public hearing, but then three separate votes. So, um, item five is the first and final reading, uh, and a public hearing to consider an action with respect to an ordinance authorizing the issuance. of City of Temple, Texas combination tax and revenue certificates of obligation in one or more series, levying an ad valorem tax and pledging certain revenues in support of the certificates, approving official statements, agreements related to the sale and issuance of the certificates, and the form of paying the agent and registrar agreement, establishing the procedures for selling and delivering one or more series of these certificates, and authorizing other matters relating to the certificates in an amount not to exceed $17,500,000. Item six is the first and final reading and a public hearing to consider adopting an ordinance authorizing the issuance of $4,800,000 City of Temple, Texas limited tax notes series 2026, authorizing the levy of an ad valorem tax in support of those notes, approving an official statement and a paying agent registrar agreement, awarding the sale of the notes and authorizing other matters related to the issuance of those notes. And then item seven is a first and final reading and a public hearing for the consideration and action with respect to the fifth supplemental ordinance to the master ordinance establishing the City of Temple, Texas, reinvestment zone number one, tax increment revenue financing program, authorizing the issuance of $124,490,000, City of Temple,

uh city of temple texas reinvestment zone number one tax increment revenue bonds series 2026. thank you mayor council that's a lot to read uh just starting off with item number five this is uh planned to be a taxable uh Our other bonds are tax exempt. These will be sold as taxable bonds. And what's before you tonight is just the ordinance delegating that authority to issue those bonds to the director of finance, myself, or in my absence, the city manager, as the pricing officer to execute pricing certificates and finalize pricing with the parameters defined in the ordinance. The $17.5 million is for the purchase of land for the expansion of our landfill. And it's also 1.5 million related to the animal shelter expansion land. And we actually did that with an intent to reimburse. And these bonds will reimburse that purchase. But the landfill land is scheduled to be purchased in the next three or four weeks. The closing of it. Also this item authorizes the issuance of limited tax notes. Those tax notes are issued to pay for various equipment, brush trucks, front load trucks, garbage trucks, heavy equipment, mobile unit radios for the police department, and update servers and storage for the police department. Again, the total of those are 4.8 million. And just a summary, the limited tax notes, and I'll let Dan, or Mr. Wegmeller go over this, what he's recommending for the award of those notes.

Great. Thank you, Tracy. Dan Wegmiller with Specialized Public Finance. Leading up to the sale of these notes this morning and the bids were received this morning, we went through a process, as Tracy mentioned earlier, to get the ratings reaffirmed for the city of Temple. That applies to this and to the TERS issue. They're two different ratings. But I just want to note that they went through a review As I've explained before, they look at the economy, they look at the financial performance of the city, they look at the management, and they look at the debt levels. The rating is great information for you all, but it's utilized by these firms and investors to decide whether or not they want to buy an issue here, and there's been a lot of issues coming to market lately. In their rating, they assigned and affirmed the AA rating, which is two notches from the highest rating of AAA that exists. In their commentary following up, they noted a few items that I'll just briefly comment on. They note that the rating reflects S&P's view of the city's operating performance that has been generally positive. in recent years and expects to maintain the positive trends and direction that the city has performed in through the last many years. They also note the below average economic indicators based on gross county per capita as well as county per capita personal income being 75% of the US average. Uh, however, this is partially offset by the ongoing and significant economic development generating substantial and rapid tax base growth and population growth in recent years. Uh, they also noted, um, in their comment that the management team with a proven record of maintaining fiscal stability by budgeting conservatively planning comprehensively with quarterly budget to actual report shared to the city council. and maintains a six-year long-term financial plan. So adding and going through that various review, they affirm the AA rating. And as you can see, we received four bids today from Raymond James, Bancroft Capital, RW Barrett, and Hilltop Securities. With a low bid Raymond James coming in seven basis points Through what the cover or the second place bidder was at a three point one six eight eight seven one percent So still very attractive rate.

So that's the bid will be recommended Thank you, thank you Going on to the reinvestment zone tax increment revenue bonds I just went over the financing plan amendment. They were rounded up to the $125 million. Again, those are the projects. Those bonds will be funding. To go over all the bonds that are before you tonight, the reinvestment zone bonds, I've mentioned the payback source for those is tax increment revenue from the reinvestment zone. And the term of those bonds are 25 years. The 17.5 million for smart growth facilities and CIP, that is an INS tax pledge, and they're 20-year bonds, and then the limited tax notes are an INS tax pledge, excuse me their seven year term is seven years but they'll actually be paid for solid waste revenues and revenues of the general fund they have the tax pledge but they're not they're not paid for from the property taxes uh the calendar we've been through um We began the resolution for the CEOs publication in May And those will actually have a closing on August 31st the plan to sell and award those the 17.5 million pricing on August 24th And again, authorizing the issuance of all of these. And tonight, Mr. Wegmuller will go over and recommend the bid award on returners' revenue bonds. And Jacqueline Hale will go over any of the details of the ordinance. Thank you. Mr. Wegmuller?

Great, thank you. And so as Tracy said, we were funding 125 million in projects for the TURs. We went out to market yesterday and because of the way the bids are structured, they produce a premium. So we actually only sold 123,395,000. bonds to fully fund the 125 million project deposit that interest rate was four point seven four seven six eight four percent a couple things to note on on that issue You all, as Tracy's mentioned, it's a TERS revenue, so you're not obligated to raise taxes. It's not a tax pledge of the city. Those bonds are rated BAA2 by Moody's Investor Service. They also qualified for insurance. But what was unique about the sale yesterday and some context, I sold two issues earlier this week for two different school districts that had a AA rating plus a PSA for a guarantee from the state of Texas for AAA rating backing from the state of Texas. They were both around $100 million each that sold. And through the bid process, they attracted over a billion dollars in orders trying to buy that 100 million of AAA rated paper. In your case, the $123,395,000, that was BAA2 rated with credit enhancement. You attracted over a billion dollars for interest in your bonds. We had at least four bidders JP Morgan Advisors, RW Barrett Advisors, all put in orders for the entire issue. With that type of interest and that level, it was able to bring the interest rate down, and so you're falling much more in line with the AA rating from an interest cost standpoint. So with that, it was an outstanding day yesterday to see that level of interest in a TERS revenue bond. So we recommend the award of that as well as presenting.

Okay.

Very good. Thank you for that.

Mayor, I may ask Ms. Hale to go over the parameters of the delegation ordinance on the COs real quick.

Thanks, Tracy. Uh, good evening. Mayor council members, Jack on hail with McCall, Parker and Horton. Um, as Tracy mentioned, the, um, ordinance for the CEOs is a delegation ordinance. So you've approved this in the past with respect to your refunding bonds. Um, it's designed to, uh, have maximum flexibility in the market. So, um, there are parameters within the ordinance that you're proving tonight. including the maximum maturity amount of $17,500,000 and then a maximum maturity date of August 1st, 2046. That information is also included in the notice of intent that was published in the newspaper for two consecutive weeks, posted on the city's website as well. So the ordinance will delegate authority to your pricing officer, to approve the final terms of the bonds for the COs, excuse me, whenever we do price the COs. So as long as they're within the parameters that the city council is approving this evening.

Okay, very good. Thank you, ma'am. Anything else, Ms. Bernard?

Available for any questions.

Council, any questions? All right, with that, council, I will entertain a motion on item five. Yep, I'm sorry. Public hearing. Who wants to talk money? You need to move over to your regular seat. Okay, it's nice of you. Um, you can ask a question during this public hearing shortly, if you would like, well, feel free to come up and speak.

We'd love to hear from you. I live here in temple and just a couple of really quick questions about this. I know Tracy said we've already, um, paid for or bought the extension of the animal shelter. And I wondered, how well that's going with the getting the other folks moved out since it was a purchase and the other one that concerns me a little is our landfill who are going to buy 1.6 million or 160 million whole bunch of money whole bunch it was 15 15 15 million was for the animal shelter no no 1.5 for the animal shelter expansion and the 16 million is for purchase the land for the landfill expansion right and and i don't know i haven't seen and i probably probably haven't forgotten where that landfill purchase is going to be but i really don't want to have to move all my dead people so I don't think you can take over my cemetery, but I just want to be sure that that's not a problem for me. We're not moving any dead people. Good deal. You're good.

Is that it? That's it. All right. Very good.

My name is Stacy.

Good evening, council. I wanted to schedule an appointment with a local mental health professional tonight, but I wouldn't get seen until 2027. One year waiting list isn't just an administrative delay, it's a fatal gap in our public safety. This is related to funding. And what you're spending money on right now in this agenda item.

It's not related to this funding.

I wanted to ask if you would consider using some of the funds that you're using for this towards what I'm speaking about. That's why it relates to me. Am I allowed to speak on that?

I don't know. Well, I don't know.

Honestly, that's my opinion, and if you'll allow me. It's only under a minute and a half. And it's polite, it's not rude or anything. It's just, I'm serious, man. I'm trying to build a relationship where we can help out our community. And I know I live in Harker Heights, but I was born and raised here. I worked here for 30 years. You can look at it.

But this is a very specific. I just want to work.

This is related. Now go ahead and tell me.

Unfortunately, on these specific items are for the issuance of debt.

Are there any agenda items that I could relate to spending funds on and using instead of what you're using them for to ask you to use them for something else?

Well, whenever we approve funding for certain items.

Will you let me know when I can come up?

yes but I don't I don't see a time tonight with any of these topics yeah I understand the desire

Because Alan was just talking about that. Well, I just heard you about the million that we're spending. So I was just relating that to you.

Those are specific items that the bonds are being purchased for. So those are related to this public hearing item. What you're talking about is general budget and appropriations. when the city has a public hearing on the budget.

Would you be willing to meet with me after for a brief minute?

I would be happy to meet with you.

Okay, I appreciate that.

Yes, it would be great.

I understand. Honorable Mayor, a great presentation by the city finance manager and that lady also. Great job. I didn't know we have our ratings double A in Temple. I wonder why we get a better ratings than the funding. I really appreciate the mayor doing a great job and the council because to maintain that kind of rating, anyone working finance knows really hard. And a lot of the, that lady covered, I'm sorry, I forgot your name. But a lot of good information. I don't have a lot of questions. I really appreciate. We had the SNP rated double B. Kudos to the management and especially Raymond James. Companies like Raymond James coming to get our bonds. That tells a lot about us. So that's why. Keep up the good work. That's all I have to say. Thank you very much for all the presentation and giving us information. Thank you, City Manager. Appreciate it. Thank you.

Margie Fraser, Temple, Texas. I just wanted to give you all a reminder. What about the $354 million you're already in debt? What are you going to do about it? I mean, then you also have another $038 million on the books since then. So how many? How many? How many dollars are going to that?

I'd like to know. Could we pull up that presentation again and show the M&O versus the INS? Yes. The budget presentation? Yes, and just very quickly, because I think that is important. So the city of Temple, of that $69.6999 of tax rate, That's made up of two pieces. The 37.54 is for the general, that's your operating fund, that's your, what I call the checkbook that you operate from each year that pays employees, that maintains trucks, that does everything to sort of keep, that's why it's called M&O, is maintenance and operation. I think last time I said management and operation. That's maintenance. That's your everyday. That's your checkbook. That's what you're operating out of. And the debt of the INS, interest in sinking fund, is the 32.45 cents of that 69.99 cents. That is what's used to pay the debt. So in the tax rate. of $69.99. It's split into two pieces. One is everyday work and one is your debt payment. and as debt falls off, as things get paid off, using that 32.45, we are able to add in extra capacity, go out and borrow more money and leave, as debt's paid off, we borrow more and keep the rate at 32.54, 32.45.

Speak to that too, Mayor. Our financing plan for our debt, policy and practice that we went by is to minimize and stabilize the tax rate impact. We look for property tax growth in order to minimize and stabilize that tax rate growth. As you mentioned, we call it the sawtooth. When other debt falls off is when we can add debt and stabilize that tax rate. And also on the three debt issues tonight, the 125 million, which was the 123 that was actually issued or sold, That is paid for through the tax reinvestment zone, tax increment fund. And the 17.5 million is the one that is paid from that 32.45 cents. And then, as I mentioned, the 4.8 million on the notes is from revenue that comes in the general fund through sanitation revenues, et cetera. So when she speaks of the 300 and some odd million debt, that is the tax supported debt. We have other debt, too. And the rating agencies will look at our level of debt. And we're a growing city, and it is elevated, but it's manageable. And they comment, too, how management does manage that and have the long range plans.

And this process is what every city uses. This isn't new. I don't know that there's a city out there that goes out and pays for these types of items with cash. I can't imagine that tax rate to pay for things with cash. And again, as Mr. Wegmuller said earlier, AA rated. So not only is this a common practice, but it is also the city of Temple manages that load well. It has year after year. Very good.

excuse me anybody yes I just want to gain clarity on oh yes my name is Belinda good evening everybody I just want to gain clarity and backtrack a little bit I think I stayed quiet and wanted to wrap my head around the landfill

and the animal adoption facility is this directly tied into an agreement you've had with the data center development no it's not it's not well the the landfill is yes but all that was was that was a land swap where um they allowed us they allowed the city of temple to take a contract that they had but that um because it made sense for the city of Temple to own that piece of land, and that piece of land will be purchased with current money on hand. And then the other one has nothing to do with this issuance.

I still want to ask about the animals, because I care about animals, from anything from bees to wildlife. This facility, how close is it to the data center?

The pet adoption? It's way across town, not even close.

How many miles?

I'd say five.

That's five too close.

Okay.

It's gonna be.

Are you gonna speak on this item, ma'am?

I'm just saying it's five miles too close and that's a danger to the animals.

Okay, thank you. Appreciate it. Anybody else? Anybody else on the public hearing for items five, six, and seven? We're doing them all at once. nothing all right with that we will close the public hearing and we will take a vote on item 5 only we have a motion by councilmember grant we have a second by councilmember Emmons council please cast your vote

I don't have a, aye.

There we go. Item five passes five votes to zero. Council, I'll entertain a motion on item six. Oh, public hearing, public hearing. No, we already did it. Did them all three. I've got PTSD around these public hearings. Okay, item six. Council, I'll entertain a motion.

Item six.

We have a motion by Councilmember Grant. We have a second by Councilmember Pilkington. Council, please cast your vote.

No. Say hi again. It's stuck on five. I don't know if that means anything.

Item six passes five votes to zero. Council, I'll entertain a motion on item seven.

Item seven. Second.

We have a motion by Councilmember Grant. We have a second by Mayor Pro Tem Walker. Council, please cast your vote. Item seven passes five votes to zero. Next item is a consent agenda. All items listed under this section are to be considered routine by the city council and may be enacted in one motion. If discussion is desired by any council member, any item may be removed from the consent agenda at the request of that council member and will be considered separately. Council, we discussed in workshop that there was nothing that needed to be pulled from the consent. Is that still the case? All right, then with that, council, I will entertain a motion on the consent agenda, which is items 8A through 8R.

I move to approve the consent agenda as presented, items 8A through 8R. Second.

We have a motion by council member Pilkington. We have a second by council member Emmons. Council, please cast your vote. That item passes five votes to zero moving on to the regular agenda. Um, item nine is the first reading in a public hearing to consider adopting an ordinance amending the classification of certified firefighters.

people operations department so position classification ordinance this is the first reading for this one and I need to find the remote because I'm terrible about that part so background on this one Chapter 143 requires that we bring this forward to y'all for consideration and adoption for the position in each classification. So the request, just really briefly, is battalion chief, we're gonna increase by three, which gives us a total of seven. Fire driver, increase by three, giving us a total of 39. So staff recommends approval to request by ordinance to increase battalion chief positions by three, fire driver positions by three. These are funds that were already approved in fiscal year 26. So this is just a classification in the first reading. And then we'll have the second reading on August 20. so at a glance this gives you all the fire department the items in green lets you see the three where we're adding the three but then you can see the total and then i have chief perez here if you have any questions about how he's going to allocate any of those positions would you like an explanation or questions council

just as a reminder this is the next phase in our overall staffing plan for our fire department and this allows us to to add a second battalion response district So we will have a battalion chief on the east side and now a battalion chief on the west side. We have gone through the testing and promotional process and so we are excited and ready to implement this new program that the fire department has been working on along with people operations for quite some time and I think everyone's excited to see this come to fruition, so we thank you for your support for the funding and these positions, if you choose to authorize them, will allow us to complete that phase of the staffing that was approved as part of the budget process.

Good, council, any questions?

Yes.

You're new here. Yes, sir. But we've been working on this for a while. Yes, sir, I'm sure you have.

Excuse me. Chris Perez, again, Fire Chief, City of Temple. It is something that is very needed as I've gotten here and I've been over here for about a month now looking at the different operations. I see there's a great need for this and this is something that I'm glad that y'all have been working on. And as the city manager said, it is part of the plan and the bigger picture for us to have a response district on the east side and on the west side. So our current eight stations will be divided, four on the east, four on the west, and it will give us better coverage and also better incident command structure. It will make our firefighters safer as well for every call that they respond to when it's a major incident and we need a battalion chief on scene. So it's not only going to help the response time, but it's also going to give us more supervision on the fire ground and to help our firefighters be safer when they're doing their job. Very good.

One month on the job, and he's already checked off a big priority.

We're trying.

Day by day, we're going to make more improvements, I promise. Thank you. Thank you, sir. Council, anything else? This item is subject to a public hearing. Anyone wishing to speak may do so. State your name at the podium, please.

Allen Lytle. I'm sure the council's aware, but I just want to make sure everyone else is aware. We're hiring three battalion chiefs and three drivers. That sounds like three, but it's not. It's just one for each of the three shifts. So we keep that in mind. We're not hiring three extras. We're having to cover each shift. The fire department, police department works 24-7. They never get to go home.

We don't hold them hostage.

I mean, we have three people. They don't stay for 24 hours.

There you go. You actually stayed for 24 hours. You know what? They do.

I'm sorry. I'm sorry. They sure do.

Nell Brindley, and I noticed you said east and west, but I'd just like to ask what's gonna happen North Temple where all the data centers are going in and if the chief could address how fires at data centers can be handled. Would they just be left to burn like a Tesla on the highway or are there actual safety protocols in place for data center fires? Thank you. Thank you.

Thank you for the question. As far as the north side of town, currently Station 6 is the one that's assigned to that area to the north side of town. We do already have plans in place to add additional fire stations, which is Station 11 is the next one that's going to be north of the loop. And concerning the data centers, there are.

In the east-west split, that'll be handled by the east.

Yes, that is correct. Yes, by the east side, which is going to be station 246. And I believe eight is on this side. And so as far as the data centers go, there are precautions in place. There are sprinklers in place. There are a lot of things that we're doing ahead of time to make sure that we are safe and to make sure that the data centers are safe. It's not something that we're just going to let burn. It's something that there's already a lot of preemptive classifications, a lot of preemptive things that are set in place for us to help out, and they're all built up into code that's the current code. And so we're here to support any way we can, and we're here to protect the citizens any way that we can.

And I believe it was last week whenever we talked about the best systems that data centers use. It's an industry standard for some data centers, but the data centers in Temple do not use the BEST system, and so there's not just a huge number of batteries that are being used for backup or just normal operations. So the BEST issue is not applicable to the data centers, the one operating now. and the ones that are coming. So we covered that last week.

That is correct, sir.

Yes, sir. OK, very good. Anybody else?

Just to clarify, the plan is for the districts to be split by I-35. So station six, I believe, would be west, right?

That is west, yes.

I also just want to point out this is a public hearing for the classifications of the firefighters. So we could stay on topic. Yeah, thank you.

Are we talking about firefighter classification?

Well, all due respect, sir, I am aware of that. But everything's tied. Everything's tied together. And so I'm going to ask a question. It's pertaining about the fire safety. Is it related to firefighter classifications? It is. What kind of classifications? How updated are those codes?

No, for the classifications of positions in the fire department. That's what this hearing is about. OK.

So it's not your question, unless it's about, unless it's pertaining to personnel, it's not eligible to be spoken about.

Okay. Only you can speak about it. Can I ask him?

I can?

Yes, sure. Look for Chief Perez.

I would also like to catch you after.

Okay. That's fine.

Yes. Thank you.

You bet. Thank you. Anybody else? all right then council i will uh close the public hearing on item number nine and entertain a motion i will move to approve item nine we have a motion by mayor pro tim walker we have a second by council member grant council please cast your vote item nine passes five votes to zero thank you I'm gonna read items 10, 11, and 12 in together. Item 10 is a first reading in a public hearing to consider adopting an ordinance authorizing a rezoning request from Ag to plan development single family dwelling three on 19.85 plus or minus acres out of the Mary Cherry Survey, abstract number 175, City of Temple, Bell County, Texas, addressed as 5020 Shaliford Road. Item 11 is the first reading in a public hearing to consider adopting an ordinance authorizing a rezoning request from Ag to plan development single family dwelling three on 19.35 plus or minus acres out of the Thomas M. Bogus survey, abstract number 84, City of Temple, Bell County, Texas, addressed as 4201 Shallowford West Road. And item 12 is the first reading in a public hearing to consider adopting an ordinance authorizing a rezoning request from AG to plan development single family dwelling three with an approved development and site plan on 96.6 acres, city of Temple, Bell County, Texas, address is 4209 Wagon Trail. Mr. Stewart.

Thank you. Trying to go through this pretty quickly because we have a lot of items. But for this one, we thought it was important to present all three together because even though they are individual PDs, they're all one development essentially. So with PDs, we just established customized development standards and infrastructure improvements that are intended to implement a coordinated transportation network and open space network. across the three developments. So overall, the three developments comprise of about 136 acres. Currently, all of the properties are unplatted, undeveloped, and they're zoned agriculturally. And then just because of the amount of lots that they would each create, and then it all being one development, a preliminary plat will be required to show all three properties platted out before they can go ahead and do the individual plats in development. For this PD specifically, we go into more about the road network and then also just the parkland and trails that are provided by the developer. For each of the individual PDs, the first PD is the very top property. We identify it right now by the ownership, and we've been calling it the glass property, but that's 2632ZC. That one's about 96 acres. For the middle property, it's the Hobbs property, that's 2623ZC. Currently, it's part of a larger lot, but when it does get platted, it'll get subdivided, so the subdivision will make that around 19 acres, and then the same process is happening for the Solis property, which is 2622ZC, and that will also be around 19 to 20 acres. We did post the signage. One was on the end of Robin Hood Drive, which is where that glass connection will be when we talk about the community collector later. The bottom image is where the proposed neighborhood collector's supposed to come out around on Shaliford Road, and then just another signage along Shaliford. So like I said before, the overall zoning for all three of these properties is agriculture. Around it, we do have single-family home developments, and then just to the southeast, we have the preservative lines, and that one's single-family attached. But ultimately, overall, this is just residential in nature. and that's followed up on our future development plan and our comprehensive plan which talks about this being designated as residential and neighborhood services. What that does is it's primarily aimed towards single family development and the appropriate zoning districts are those single family zoning districts and then we do have our lowest level retail non-residential zoning district which is neighborhood services. But these PDs are gonna be for single family three which is in line with our development plan and our comprehensive plan. For the trails and the thoroughfares that are gonna be provided in these PDs, primary access is gonna be from that neighborhood collector on our west side, which is going north-south, and that one will come out at Shallowford Road. And then we also have a east-west connection, which is our community collector, which will connect into Robin Hood Drive. On our thoroughfare plan, which I'll get into a little bit later also, currently it shows a north-south community collector, so that's part of the reason why this is a PD, because we are amending those road classifications. And instead of having that community collector go north-south, instead we're making it the east-west collector that's going into Robin Hood Road. Additionally, with the park system on our parks trails plan, coming out of the preserve outlines phase one currently is a, 10 foot concrete trail plan that's going north. So on the glass property, which is that northernmost property, that trail will get continued up to their northern property line. And then just a closer look at the exhibits. Uh, this is what we have currently with our trails and thoroughfares master plan. So currently that yellow dotted line is the proposed community collector that we're proposing to change it into a neighborhood collector. And then the blue line is that trail that we're going to have proposed go through and to their Northern property line. For all the properties, we did do a newspaper notice on July 10th. For the Solis property, we also sent out 13 property notices to property owners. We received four in agreement. For Hobbs, we also sent out 13 property notices and also received four in agreement. And then for the glass property, we received four in disagreement. Some were for just traffic concerns in the area, like regards to speeding. Some was just about the character of the neighborhood and wildlife conservation. And another one was the concern about development, making flooding worse for that area. We sent out 41 notices, so then we also had three in agreement. Staff does recommend approval of the rezonings and then on July 20th, it went to PNZ and they also voted six to zero to recommend approval of these PDs. Now going into the conditions for these, the big thing is that the base zoning is still single family three, so anything that's not called out in these conditions, it will go by that zoning district standards. Development should be in compliance with the exhibits that were shown, so that Collector Street exhibit and then the Parkland and Trails exhibit, and they should be built out in compliance to those. For residential lots, we do have a minimum requirement of one tree and two evergreen shrubs to be installed on each lot. For the parkland, trails, streets, and sidewalks and associated improvements, they should be constructed in the phases. And serving those phases that would need them, they need to be built out before building permits can be for those houses issued. For the parkland and trails requirement, again, it's just stating that it should be consistent with what's provided on their exhibit and it be built out in that way. We also said that the parkland that they're providing will satisfy their parkland dedication so they don't have to pay the parkland fees or they don't have to dedicate any more land than what's already shown. And the parkland and the trails and the associated improvements, those will all be maintained by the property owner, the homeowner's association, or another private entity that's approved by the city. And then a minimum of a four foot native surface trail should be constructed within the parkland design that's shown. Then going into the roadway alignment, the neighborhood collector that goes through all three PDs, some conditions that are consistent in all the PDs are that they should just be constructed as they're shown, that they will have a 60 foot right of way and then a 36 foot pavement width. that the neighborhood collector road should also have either one of the following, a five foot sidewalk on both sides of the road or one eight foot sidewalk on the east side of the roadway. And then all of the sidewalks adjacent to residential lots, those are to be built by the home builder at the time of construction. And then in between the sidewalk and the street curve, there should be a six-foot landscape buffer. And then in that landscape buffer, there should be ornamental or shade trees at intervals of every 40 linear feet, excluding the intersections. And then if the eight-foot sidewalk option was used, that it would be located on the east side of the roadway, and it's designed to avoid conflicts with driveways. Then going into specific conditions for each of the PDs, for that glass property, it shows only, driveways on the west side. So on one side of the road, whereas on Hobbs and Solis, the bottom two properties, they do show residential lots on both sides of the roads. So with that, the driveways that they have to build are going to be 24 feet in width on the common property line between two property owners. So it's split 12 feet or yeah, 12 feet and 12 feet on each property. And that will be in the right away. And then beyond the right away, they can split off and have individual driveways. For our community collector requirements, just going back and making it align with our UDC, we tried not to have driveways off of our collector roads. So with this one, there will be no driveways off of it. It should also be, done by the developer so the city will have no obligation in funding this project this will all be done by the developer and it should be done in compliance with how they have it shown for that right away with it be 67 feet and then 41 feet for the pavement width and with that they can offset the right-of-way to make sure that they achieve the landscape buffer that i'll go into next For that collector row, they are supposed to provide a 10 foot sidewalk, and then in between that curb and the sidewalk, they are supposed to have an eight foot landscape buffer. And then also in that landscape buffer, again, shade or ornamental trees every 40 feet within it. And then for the glass property specifically, the top one that has the community collector, again I'm just stating that the owner and the developer are responsible for constructing the roadway and the city has no obligation in that. Then also that it should be completed prior to or concurrent with the development and the houses that are necessary for that access. So they need to meet their subdivision entry standards. That roadway has to be built for them to meet that. So no certificates of occupancy will be released until that roadway is completed. And then a 10-foot sidewalk concrete trail will be provided on that property, which is extending from our trails master plan. That was a lot. Done. Are there any questions? Good job.

Anything for Mr. Stewart?

So I just want to say thank you to Mr. Scott for working so well with our staff. We really appreciate that. I also noticed that you're out of your sling. Last time we saw you, you were in a sling. So I'm glad you're healing up.

The driveway sitting on the property line, it's not something that we do very often, don't see it. Is there a landscape? um rocks or something to separate that because i could see how that could come in conflict did i miss that somewhere so in there we do allow for like zero skate bar and low maintenance landscaping to be put in between down the property line

Well, to basically separate the two? For that one, it will be combined in the right-of-way, and then once it gets past the right-of-way, they can separate it. But in the right-of-way, they'll be combined, so there won't be any space in between. That's interesting. It's just different.

Okay. Council, anything else for Mr. Stewart? All right. Um, this item, which is items 10, 11, and 12 are subject to a public hearing. We'll hunt. We'll hold one public hearing on that as you step to the podium and state your name for the record.

Um, now Brindley temple, uh, just had some questions. Um, don't know how far down shall afford that goes, but I'm just wondering if this. These tracks have been identified as being in a flood zone, or have they been identified as being within the fault line that runs throughout that area? And what will be done about flooding that would occur once all of this concrete and construction is done here? Would that add to flooding at Lyons Park? And I had one more question, and it's gone. I'm sorry. It's getting late, and I'm tired. But I just get concerned when we start cementing all of our green space. And so I just want to be sure you all really, really, really examine all of this. It just concerns me.

If somebody would like to address that on a... Mr. Scott's going to come. I'm going to try. I'm going to try.

Todd Scott, 6231 Shalaford Road. I live right across from this property. You guys always hear all the time, not in my backyard, not in my backyard, not in my backyard. When this property came up for sale, I took the opportunity to buy it so I could have some control over the development. One thing we've done with this as a master plan is part that you don't see shaded is the large track that's closer to Lyons Park. If you look at the overall real estate of this entire property, only about 50% of it's being developed. The majority of it has been put into, as part of the PD with the cost per property, has been put into permanent long-term wildlife management plan. It actually has a Texas Parks and Wildlife Management Plan in place. Good, you just answered one of my questions. I'm an avid outdoorsman and conservationist, so we're trying to protect this. I also want to protect what I see off the front porch of my house because I live right there. In terms of the... In terms of the flooding that is being actively addressed, the development itself will obviously have the detention ponds required to catch and hold the water. In terms of the floodplain, nothing is being built or developed in the floodplain. I actually met with engineering staff today We're rebuilding the section of road that's adjacent to Lyons Park also and addressing that entire flooding issue. While there is no perfect solution, they are actively looking at how to improve that overall situation with flooding in the park. And we're actively working with them to give additional right of way to the west side to move the road. And there's a lot of things in the works, but nothing is solid and concrete. But we are actively working on that as a global picture. So things we're doing. As mentioned, we're putting in the 10-foot wide walking trail that actually goes from Lyons Park and will go all the way through our property and can go all the way basically to Midway now. That's a $500,000 cost that I'm bearing to put that trail in. But it will serve our neighborhoods. It will also serve all of the neighborhoods up through Hickory, Robin Hood, and that area. So it creates pedestrian traffic back to Lyons Park for our development and much farther beyond. This isn't gonna happen overnight. This is a multi-phase development that will take substantial time. All in and done, we think it'll be a $300 million development, putting in six, $7 million a year property taxes. And not only that, still preserving the feel of the green space as best we can while we do develop and provide the housing that's needed. And the market will drive how quickly it's developed or how slowly it's developed based on people moving to town. I'm happy to stay here if you have more questions.

Who answered those questions? My secondary question is the last time we have a development going up right now called the data center over there on the loop road right next to a housing center. It was supposed to be a housing center and it became a bait and switch. I don't want to see this become a bait and switch because I call it a bait and switch when you authorize these people to do these things, and then next thing you know, there's a data center going up right next to that housing. We don't want to see that. They don't want to see that. They're not going to be selling too many houses.

Can I answer or should I answer a large part of what would prevent that from happening is this is a plan development. I mean the road infrastructure, the roadway layouts, the trails are all being put on paper and signed off on. So the only way that could be baited and switched is if it came back to council, did away with the PD that was in place and started all over.

Anybody else ready? Again, this is, I think everybody knows this is for items 10, 11, and 12. Okay, I will close the public hearing on items 10, 11, and 12. And council, I'll entertain a motion on item 10.

I move to approve item 10.

Second. We have a motion by council member Grant. We have a second by council member Emmons. Council, please cast your vote. Item 10 passes, five votes to zero. Council, I'll entertain a motion on item 11.

I'll move to approve item 11.

We have a motion by Mayor Pro Tem Walker. We have a second by Councilmember Emmons. Council, please cast your vote. Item 11 passes, five votes to zero. Council, I'll entertain a motion on item 12.

Move to approve item 12 as presented.

OK. have a motion by councilmember Pilkington we have a second by councilmember Emmons council please cast your vote item 12 passes 5 votes to 0 Item 13 is the first reading in a public hearing to consider an amendment to ordinance number 2019-4957-0 to permit a battery energy storage system use by right and amending a site development plan on 1.37 plus or minus acres. In the Redding-Roberts survey, abstract number 692, City of Temple, Texas, addresses 3223, Roy Goad Road. Earlier in the week, the applicant has withdrawn their request to have this heard, so we will just move past that. I just wanted to be sure and read that in. Item 14 is the first reading in a public hearing to consider adopting an ordinance authorizing a rezoning request from two-family dwelling to general retail on 0.29 acres described as WA Barclay addition, block seven, lot one and two, city of Temple, Bell County, Texas, address is 803 South 11th Street.

Thank you, Mayor. This is a zoning change from two-family dwelling to general retail, which is located at 803 South 11th Street. So the current proposed lot is within the two-family dwelling zoning district. And it is also located at the corner of South 11th Street, which is a local street, and West 8th Avenue, a major arterial. So the rezoning request is to zone approximately 0.29 acres of residential lot, which is located at 803 South 11th Street. And the current lot is plotted and undeveloped. So the request is to rezone from two-family dwelling to general retail to allow for a rather more flexible area of business uses while still retaining uses that are permitted within two-family dwelling. So the surrounding area is predominantly zoned General Retail with a two-family dwelling subdivision and also other zoning designation along West H Avenue. So the proposed GR zoning is it meets the requirements and development criteria and is also compatible with the surrounding properties and also the zoning. So this is a use table comparing uses that are permitted within the current zoning, which is 2F, and the proposed zoning, which is General Retail. And we can see for the current zoning, which is 2F, residential uses such as single family attached dwelling and detached dwelling are permitted. And for the proposed GR zoning, we can see it allows for most residential uses, an exception of apartment homes. So since the uses are a lot, I can revisit this slide per your request. So the proposed lot is located within the Midtown neighborhood district. This area has been identified as an active corridor which supports non-residential redevelopment and reasoning to neighborhood serving commercial uses. So the Midtown plan envisions a more pedestrian friendly walkable street edge with three sidewalk and also intersection enhancement. So per the 2020 Comprehensive Plan, this proposed law is located within the urban residential future land use designation, which is intended primarily for single-family detached and attached users. So other secondary commercial users are also allowed, provided they meet the design standards and criteria. And some of these are neighborhood serving retail, personal services, office use, and restaurant. So per the 2020 comprehensive plan, general retail is not listed as an implementing zoning district within this future land use designation. However, the current zoning, which is 2F, is listed as an appropriate implementing district within this future land use designation. So these are photos from the site, which is showing the parcel as undeveloped. So we also have utilities that are running through the alley. For wastewater, we have eight inches, and water made also being six inches. And also in terms of the tariff plan and the Trolls Master Plan, there's a proposed connector troll along West 8th Avenue. So for public notifications, 18 notices were sent out to property owners within 200 feet. We got zero response in agreement, two response in disagreement, and the hearing was published in the Temple Daily Telegram on July 10th in accordance to the state's law and ordinance. So the proposed year zoning is not consistent with the future development plan. However, it is compatible with surrounding uses and zoning. It also has public facilities available on the proposed lot. And also, it is consistent with the tariff fair plan, and also consistent with the adapted neighborhood plan. So staff recommends approval of raise on request from two-family dwelling to general retail. And on July 20th, the Planning and Zoning Commission also recommended approval of the raise on request from two-family dwelling to general retail with a vote of five to zero with one abstention. I'll be happy to take any questions.

Thank you.

Thank you, Mayor. Council, any questions? Is this your first presentation?

Yes.

You did a great job. Tell me how to pronounce your last name.

It's Siad.

Siad?

Yep.

Very good. Thank you. Anything for Miss Siad? All right. This item is subject to a public hearing. Anyone wishing to speak on this may do so. We ask you to step to the podium and state your name, please.

Is this somebody's folder up here? It's a yellow folder. Is this yours? Margie Frazier, Temple, Texas. I do have a question for her. There was an item on that one picture where it showed, it told and said on the items listed that could be approved there in that neighborhood, was a data center oh gosh now how's that data center small not permitted in zoning designation so does that mean it's not going to be permitted there or does it mean proposed zoning what does this mean i want to know i mean i'm not sure what that means data center small flea market plumbing shop upholstery

Yep, please. So for the proposed zoning in HSG, some of the uses that are permitted. So we have uses that are permitted by right. Those that are permitted by right are subject to limitations. We also have those that would have conditional use permit. So for the data center small, it has a conditional use permits attached to that.

That's what that C in parentheses means, correct?

Yes.

It means that if a data center was proposed in that zoning, it would have to come back before the council to get a conditional use permit to be able to go into that type of zoning.

Well, we find you all are real quick to say yes. We were just wondering because that, to me, is a red flag. We don't need data centers right in the middle of your town, let alone in general retail, whichever, just doesn't make sense to me.

Anybody else?

I just have a question. I think I understood her to say that everything around that was either two-family dwelling or neighborhood service. I believe that's what I understood her to say. It's a big jump to go to general retail or general whatever you call it. I'm questioning why the big jump. Why not go to neighborhood services, which would eliminate our concern over small data centers or whatever you want to call them. Um, I just think that's a huge job to go to general. I mean, that can open up a huge, I mean, that can be almost anything. I don't agree with this. And if I'd been on PNC, I would have voted against it.

Anyone else? All right, very good. I will close the public hearing on item 13, I'm sorry, on item 14. And council, I'll entertain a motion.

Make a motion to approve. Second.

We have a motion by Mayor Pro Tem Walker. We have a second by Councilmember Grant. Council, please cast your vote. Item 14 passes five votes to zero. Item 15 is the first reading in a public hearing to consider adopting an ordinance, approving an amendment to ordinance number 2022-0044-O, authorizing a rezoning request from PDMF3 to PDGR on 153.72 plus or minus acres, located in the city of Temple, Bell County, Texas, approximately 3,500 feet south of the intersection of Twin City Boulevard

and south general bruce drive all right um so for this like you said it's about 153 acres but it's also part of our beyond the bend plan development and this ordinance was adopted in 2022 by the city council to guide our long-term mixed-use development this has kind of three parts for the request so this first part of the request is going to be to allow an amendment for auto sales, servicing, and repair within track one of beyond the bend, which is the supporting commercial district. Uh, and currently this is owned, um, plan development, general retail designated for supporting commercial retail and office uses, and is surrounded by existing vehicle dealerships along south general bridge drive with multifamily residential located, uh, to the rear within beyond the bend. And the next two portions of the amendments is going to be for the roadway modifications, but also for there's currently four tracks within the development, and we would be removing one of them. So that first one for the roadway modifications would be to remove the community collector entryway you see connecting South General Bruce Drive to that horizontal community collector. And we would be relocating also that community collector To the boundaries of tract 1 and tract 3 and as well as removing the roundabout right there at the intersection of both those community collectors and To accommodate for the removal of that community collector entryway. There is a local street proposed to the right of it. Um, and we would be upgrading that to a neighborhood collector. And then as for the removal of the track two, which is designated as the neighborhood center, uh, the portion of track two, uh, currently on the HSU property will be re designated as track one supporting commercial. And the portion of track two on the Todd Scott property will be re designated as track three townhouse. And staff has determined that this site is appropriate due to the visibility and access along Interstate 35 and its proximity to existing auto dealerships and the consistency with the evolving I-35 corridor vision. And then here's just a better visual of those changes that are occurring with the track designations. So you can see originally track two, the neighborhood center is in red right there and it's now dissolved. And then this one's a little bit better of a visual for the roadway modifications. And just important to know that any of the roadways you see in orange, there are local streets and they are subject to the development whenever that occurs. So they're not a hard lock on the location of them. And then as well here, you can see a little bit more of that zoning to the south of this property where those auto dealerships are. And then as for our future development plan, this area is designated as a regional commercial and partially mixed-use activity center, and vehicle equipment, sales, and services are currently in allowed use in regional commercial. Regional commercial is intended for areas to be developed to support regional serving businesses that rely on higher traffic volumes and visibility that is associated with being located along a major highway. And the predominant character of development is focused on serving the automobile. Mixed-use activity centers are intended to support integrated, higher-intensity mixed-use developments that combine residential, commercial, and employment uses, and this PD would remain consistent with the future Interstate 35 corridor plan and continued development for beyond the bend. The newspaper printed notice on July 22nd and we sent out 131 notices to property owners. We did receive 120 responses in agreement and none in disagreement. Um, and everything covered in that green, there was what we received in support. Uh, and so this alignment with our adopted plans, it supports, uh, our strategic plan goal, 1.5 point O P three, uh, providing transparent, predictable and efficient processes to make it easier to interact with the city as well as 9.2 point O P four, which is to promote higher density mixed use development and targeted areas of the city, blending residential, commercial and retail uses. It's also consistent with our comprehensive plan goal one of growth and development. which is aimed to promote desired development through thoughtful consideration of infrastructure community character and economic impacts as well as chapter 4 the comprehensive plan which identifies this area as a regional commercial and partially mixed-use activity center and like I mentioned earlier vehicle sales equipment sales and services are allowed in this region As for our mobility master plan, with this PD amendment, the community collector entry will be removed, and the local street and tract one is what is going to be upgraded to a neighborhood collector. Staff is recommending approval of rezoning from planned development general retail and multifamily three to amended planned development general retail and multifamily three, subject to conditions, which will be on the next slide. And then the Planning and Zoning Commission recommended approval of this request by a vote of nine to zero, subject to the same conditions. And the conditions are that the property shall be developed in compliance with the revised figure 2.1.1 and figure 2.4.1 and Table 3.1.1, Land Use by District of the Beyond the Band Regulatory Plan, each updated July 9th, 2026, except as expressly amended herein, all terms and conditions of ordinance number 2022-0044-0 shall remain in full force and effect. as well as automotive sales servicing and repairs shall be permitted use only within the supporting commercial district as identified in the revised table 3.1.1 land use by district the neighborhood center sub-district and track 2 are eliminated as depicted on the revised figure 2.1.1 condition 3 of ordinance number 2022-0044-0 requiring a minimum of 4.84 acres of neighborhood centers used across bell cad parcels 64097 and 64098 is deleted and all references to the neighborhood center and track two are removed from the ordinance and the beyond the band regulatory plan including the revised table 3.1.1 in this area formally designated as that neighborhood center sub district shall be re-designated as supporting commercial and townhouse as depicted in the revised figure 2.1.1 The previously proposed community collector entry roadway is removed from the street network as depicted on the revised figure 2.4.1. The existing local street located within track one east of the 20.57 acre area is reclassified as a neighborhood collector and extended to South General Bruce Drive, which together with the existing neighborhood collector connections to South General Bruce Drive preserve the overall roadway connectivity intended by the planned development district. and the roundabout previously shown on the community collector's reviews as depicted on the revised figure 2.4.1 street network. Any questions?

Thank you. Counsel, anything for Ms. Winkler?

So again, I just wanted to say thank you to our assistant city manager. Um, Aaron Smith has done a lot of work on this and I really appreciate, I know you spent hours working with these folks and, um, you've made this work for them. So you got to yes. I appreciate that.

Item 15 is subject to a public hearing. Anyone wishing to speak may do so please step to the podium and state your name. Okay. I didn't expect an answer anything but I did look up the Planning and Zoning Commission are these the people that approve these what we were just speaking about the Planning and Zoning Commission is a group of volunteers just temple residents that sit on that board and they they vet these different projects before they come to City Council

Okay, because when I'm looking it up on the website, I'm seeing who is on that board. I'm noticing that Judy Morales is on that board. Is that true?

Yes. Got it.

Okay, that's all.

Anybody else? All right. I will close the public hearing on item 15. And council, I'll entertain a motion on item 15.

I move to approve item 15 as presented.

Second. Second. We have a motion by Mike Pilkington. We have a second by Councilmember Emmons. Council, please cast your vote. Item 15 passes, five votes to zero. Item 16 is a first reading in a public hearing to consider adopting an ordinance amending ordinance number 2022-0049-0 to revise the approved plan development site plan for 200.56 plus or minus acres located in the city of Temple, Bell County, Texas. approximately 1,500 feet north of the intersection of FM 2483 and State Highway 317 along State Highway 317. Ms. Harrison.

Good evening. Yes, this is a PD amendment to ordinance number 2022-0049 along State Highway 317 and north of FM 2483. And so in 2022 is when the original ordinance, uh, for the plan development was developed for about 155 acres. And so what it did was it was a plan that took some of, um, or these lots from agricultural to PD, SF two, uh, MF two and GR. The approved PD contemplated phase development, single family on the Bailey, uh, and Smith tracks, and then multifamily and general retail on a separate five acre tract. The ordinance anticipated future developments that would have to come back through a PD amendment and the approved development site plan is binding per the UDC. So what you see here that's labeled as exhibit A is the original exhibit from the original ordinance. And then the amendment is in the proposed site plan here with revision one that you see. And so really it's that area directly under the multifamily and above the general retail where you can see they added in that portion. And then also they phased out the general retail right there that is along State Highway 317. And so this amendment incorporates 5.9 acres of the previously designated remainder tract into the PD as general retail, increasing the overall PD area from approximately 155 acres to 161 acres. It also reconfigures the general retail portion into three development phases. And the existing five acre tract for general retail and the approved PD SF2 and the PD MF2 area remain unchanged. It revises the phasing and timing of construction for the internal street network, serving the general retail, the multifamily, and the single family portions of the PD. The area is designated as residential and neighborhood services along with corridor mixed use. It's corridor mixed use around State Highway 317 and then the residential and neighborhood services on the backside of that development there. The corridor mixed use is appropriate for the general retail and then the residential and neighborhood services is appropriate for the single family that's gonna be a little deeper into that development. The subject property takes access from FM 2483, which is a minor arterial, and State Highway 317, which is a major arterial. Both are TxDOT roadways. The revised general retail phasing does not alter the approved circulation network, and access points and any required traffic impact analysis will be evaluated at the plat, and site development has to be in coordination with TxDOT. As a condition of the amendment, public right-of-way adjacent to each phase will be dedicated with the final plat for that phase, and the roadway improvements identified on exhibit A shall be constructed and accepted prior to the issuance of any certificate of occupancy for that applicable phase. The north-south frontage slip road shall be constructed and accepted prior to the CO for the general retail phase two. and the east-west roadway between the self-storage, which is this five-acre lot here for general retail, and the general retail phase two shall be constructed and accepted prior to the first CO for either the self-storage development or the adjacent single family to residential development, whichever occurs first. So public notices did go out on July 22nd and it was published in the newspaper. 15 notices to City of Temple residents and then four notices to ETJ residents. We did get, that should be two responses. We got one while we were in work session today. So two responses in agreement for this development. So staff recommends approval with the following conditions. Development site plan, so the approximate 161 acre property shall be developed in substantial compliance with the Exhibit A. General retail phasing, so the phasing for the general retail may be developed in phases in substantial compliance with Exhibit A. Public right-of-way dedication roadway phasing. So the public right-of-way adjacent to each phase of the development shall be dedicated with the final plat for that phase. Certificate of occupancies will not be issued until the roadway comes in with that phase. Access management, vehicular access to State Highway 317 shall be limited to driveway identified on exhibit A serving phase one and phase GR phase two. No additional direct driveway access off of State Highway 317 shall be permitted within the planned development. Access to all development within the planned development shall be provided by the internal street network. Self storage development, the self storage facility has to, uh, come back through planning and zoning and city council. And it has to be limited to that five acre, uh, general retail track that's shown on exhibit eight. And then minor modifications can be approved by the director of planning, but anything above that would have to come back to city council. The planning zoning commission recommended approval on August 3rd with a vote of nine to zero. Any questions?

No. Thank you. Council, anything for Ms. Harrison? This item is subject to a public hearing. Anyone wishing to speak on this item may do so. Just ask that you step to the podium and state your name for the record. There being none, I will close the public hearing on item 16. And council, I'll entertain a motion. Motion to approve.

Second.

We have a motion by Councilmember Emmons. We have a second by Mayor Pro Tem Walker. Council, please cast your vote. Item 16 passes five votes to zero. Item 17 is the first reading in a public hearing to consider adopting an ordinance authorizing amendments to ordinance number 2010-4413, City of Temple Unified Development Code as follows. 17a is section 5.1 table of uses add food and beverage products manufacturing small scale 17b is for section 5.3 which is specific use standards adding limitations for food and beverage product manufacturing on a small scale 17c is section 6.3 team ed temple medical and educational district add off-premise beer and wine sales in certain trends transect zones item 17d is section 8.1.7 dedication of land for public use add a right-of-way donation receipt provision in item 17e section 11.2 in the definition section add food and beverage products manufacturing small scale thank you mayor appreciate it um so as stated these are just some minor udc amendments

And so the first one that we're gonna discuss is the food and beverage products manufacturing small scale. And so this is something that we needed to include it in the UDC that we didn't have, and it didn't really fall under our light manufacturing definition. And so we created a definition that'll go under section 11.2. And so the production, purification, processing, or packaging of food or beverage for wholesale or distribution to retail. predominantly from previously prepared materials within a fully enclosed building. The use allows for incidental on-site wholesale or retail sale of food or beverage products for human consumption, and it excludes rendering, slaughtering, distilling, and any process producing odors, noise, or emissions detectable at the property line. The use excludes any brewery, brew pub, distillery, or winery as defined in this Unified Development Code. And so for this use, it would be limited to a maximum of 10,000 square feet gross floor area in the commercial district, but it would be allowed by right in light industrial and heavy industrial. And this is what it'll look like on the use table when it's added. It's just with that limitation in commercial and then permitted by right in light industrial and heavy industrial. So the next item is adding alcohol beverage off-premise consumption, beer and wine sales to team ed. And so, um, it will be with limitations in T four T five C T five E and T south. The cell of beer and wine in unbroken original containers for off-premise consumption is not currently allowed in team ed. Um, and so we would be adding this with the limitation that it would have to, uh, front a street classified as either an arterial or collector. Of course, they would still have to qualify through TABC regulations and Chapter 4 of our city code of ordinance. And then we have the dedication of land for public use. Property owners occasionally dedicate right of way to the city at no cost and have requested written documentation for that donation. And so we're just putting that into our unified development code now. And so revisions will distinguish the required dedications, conditions of developmental approval, from those that are voluntary donations and provide a written receipt for the voluntary donations upon request. And so the property owner could get an appraisal, but it would not be up to the city to do that. But we would give them a receipt for the donation that's voluntary and then keep it in the public records with Bell County and also the city's permanent records. It did go out for public notice in the Temple Daily Telegram on July 22nd. And the Planning and Zoning Commission recommended approval on August 3rd with a vote of nine to zero. Any questions?

Thank you, ma'am. Anything for Tiffany? All right. Item 17 is subject to a public hearing. Anyone wish to speak may do so. Just ask you to step to the podium and state your name. Anybody? Yep. Come on up. Yes, ma'am.

blank on myself getting tired too can you put that back for a second okay no not that far back Tyler just a minute Dedication of land for public use. I can understand the receipts. Now I've gone blank on what I wanted to say. I don't know why. I guess I'm just getting really tired. This has happened occasionally in my lifetime at 73, so it had to do with something that y'all were saying. Nail can't help me out either because she didn't notice either, but it wasn't anything bad. It was actually something good for a change. Maybe that's why I went blank.

Why don't you sit closer in case you want to talk in any more public hearings? Okie doke. Anybody else? All right. I will close the public hearing on item 17, and council will entertain a motion. approve I have a motion by councilmember Emmons we have a second by mayor pro Tim Walker council please cast your vote 17 passes five votes to zero

on the agenda item 15 was presented by Brooklyn I believe this was your first time presenting as well congratulations on that and you did a great job sorry Brooklyn we'll get you next time there you go Aaron's trying out all of our new folks good

Yeah, spread it out a little bit. All right, very good. So did I say item 17 passed five votes to zero? I think I said that. Moving on to item 18 is to consider adopting a resolution approving the final plat of Wilma's Way phase two with a developer requested exception to the Unified Development Code section 8.2.7 . onsite sewage facilities for a 3.943 plus or minus acre, four lot, two block residential subdivision, part of the Nancy Chance Survey, abstract number five, Temple, Texas, Bell County, generally located as 1867 Waco Road, Courtney Paris. Paris.

Thank you, Mayor. You nailed it. Thank you. Good evening. This evening we've got a request for a final plat with a developer exception. Our location is right off of Old Waco Road with a proposed new development for single-family homes just south of Papaw Mammal Lane, if you're familiar with the area. So some background related to this plat. We did have a proposed rezoning that was passed, so now we have zoning locked in place. And now consideration of the plat, we have Um, lot one block one, which is our front facing, uh, old Waco road lot. And then lots one through three, a block two are proposed for single family development at this time and are in consideration for that developer exception request for onsite septic. Uh, important to note that each of these tracks that are here outlined in orange, um, are. 21,780 square feet in area. Some site photos of the area as it is currently undeveloped. So raw land that we're looking at here. So to emphasize the UDC exception, the applicant is requesting approval of the subdivision utilizing onsite sewage facilities with lot sizes below 22,500 square feet. Block 2 lots 1 through 3 are proposed as SF1 for residential development and all are approximately 21,780 square feet, meeting that requirement to be below 22,500. The applicant has stated to us that the sewer line along Old Waco Road is at a higher elevation than the proposed subdivision, which would require a lift station for service. Our engineering department, as well as Bell County Health, did review and evaluate the proposal for onsite septic and gave the thumbs up from each entity. So the applicant has requested for block two lots one through three to be serviced by OSSF. Here are images of that proposed plot and yep, the extension that just goes beyond. To lean into where our utility connections are proposed, you'll see that there's a bore identified under Old Waco Road to connect to that lot one block one. So that particular lot will gain sewer services through the city of Temple. The extension of a water line throughout the proposed new roadway will extend down into the cul-de-sac with various fire hydrants placed as well. Staff recommends approval of Wilma's Way phase two final plot with developer requested exceptions to the UDC section 8.2.7 related to the use of onsite sewage facilities. And on July 6th, the Planning and Zoning Commission voted eight to zero to recommend approval of developer requested exception as well as the final plot. I'd be happy to answer any questions.

Thank you. Councilman, anything for Ms. Perez? item is not subject to a public hearing so council i'll entertain a motion on item 18. item 18 second we have a motion by council member grant we have a second by council member emmons council please cast your vote item 18 passes five votes to zero Item 19 reads to consider adopting a resolution authorizing a construction contract with Patent Construction LLC of Taylor for the construction of Old Howard Road, Windland Road, and Northlink Drive improvement projects in the estimated amount of $15,611,571.52. Dalton. Are you new? Is this your first one? First time here, yeah. There you go.

So on June 9th, we received eight bids for the construction of this project. It is the realignment of Old Howell Road, the extension of Windland Road, and the new East-West Road, Northlink Drive. It's going to connect the two of them. This project is going to include drainage, storm drains, water lines, wastewater improvements. It's a... Yeah. Uh, the big came at $15.6 million and the OPC was 22.08. So it was quite a bit of savings right there. Uh, I don't have it on the slide, but this did go to, uh, RZ on July 22nd and it was approved for recommendation. Uh, and that's it. Very good.

You got the big one, big memo. Real big. councillor Lee questions for Dalton okay very good council I will retain a motion on item 19 We have a motion by Mayor Pro Tem Walker. We have a second by Council Member Grant. Council, please cast your vote. Item 19 passes, five votes to zero.

Mayor, this road also provides access to future Fire Station 11, since we were talking about it earlier, which is going to provide additional service to the North Industrial Park area.

So before we move to this next item, before we move out of the planning, Aaron, I'm talking to you, before we move out of the planning group, I think that tonight's meeting has shown with all these different projects that have gone through your department and with having young professional people stand up and present very well, that's a credit to you, but I think it's also important to note the importance of your department, and the great job that you're doing. Right now you're pulling double duty between planning director and assistant city manager, and that is Yeoman's work. But we have to keep the ball moving. And so you and your department are doing a great job, and for that we are very appreciative. So that's not lost on this group up here, the work that's being done. So thank you. Next item is to consider adopting resolution accepting the donation of 178.683 plus or minus acres for use as a public park, authorizing the execution of a memorandum of understanding regarding the property's use and authorizing closing costs associated with the conveyance in an estimated amount of $9,500. Mr. Bandas.

yes thank you mayor and Kevin Beavers is actually gonna be giving the presentation this is very much on a park project and so I'll be here to answer any questions on the legal side okay very good

Kevin gets the fun part.

Sorry, before, before he passes it off, I do want, I do want to commend Jake on his very hard work on this project. He's worked very hard with the Texas land conservancy and with the donor to get this done. And it's a, it's a big win for the city. So.

Jake has a uniquely situated background for this project, too, which I didn't realize until we sat down and started working on this project. If there was a person to get this done, then it would be Jake. So he's done a lot of work on it, and we're all really excited to let you hear from Kevin what we have an opportunity to consider tonight.

and thank you Charlotte for ruining my big moment that's okay but you know if you've heard me say it once you've heard me say it a million times it's a great day in Temple for Parks and Recreation it's a I love my profession I love my job and I love this city and it is a great opportunity that's before you tonight most of you have already seen it before and when I go through it I hope that you'll feel the same We did a, you know, this is, this has been a while, uh, it's last September, uh, is when we started this with the executor of the state of David and Peggy Chatham. He came to us and I remember sitting upstairs here and he said, don't know any way better to someone to give it to, to try to donate it to you guys, right? And what you guys do. So we're talking about a little over 178 acres. If you accept this, this would be the second largest park in our system Uh, crossroads park is, uh, would be the only one that would be larger. Uh, and then, uh, the next closest one is lines and Wilson park and they're around 110 acres. So it's like, it's a, it's definitely a win for sure. Uh, there will be several slides when I start showing it, uh, uh, you'll say, okay, he's got a map up. I started repeating it when I went through it. I said, man, they're going to say, can you go back? No, I I've got the slide coming back up because that way you can kind of get oriented with it, but. Just generally it's on the east and west sides of 317 near Airport Road or Highway 36. So here we go, so you can, this won't work, but essentially what we're talking about is the two properties are bisected by Highway 317 What you'll notice here, we call it a western property and an eastern property. You'll see the little cutouts in like a little green. On 317, there's a little green line, and then off of 317 where the can-do handyman. So if you look at it, it's gonna be four tracks that's coming to us. And two of them, the western and the eastern property, that's going to the Conservancy, there's an easement. It'll all kind of get clear in a second, but at least you kind of know where this is located out there, where all the exchange is, 317 and 36. Everybody knows, seems like if you've been here any amount of time, Chatham's Grocery Store. So that's the area we're talking about. Let's talk about the Western property, a little over approximately 104 acres. Uh, it's developed, uh, Woodland. Uh, there's a Creek to Cedar Creek that runs through it. Uh, it's borders right next to the old quarry. Uh, there's a home site there, some buildings, storage, uh, Chatham's grocery store is right there. Part of it. Uh, if you accept this, we would assume that, uh, the lease for the, as a landlord. They've currently got a lease and goes through March of 2029. And when we start talking about leases and things like that, if you're talking about legality stuff, I'll pull, like Charlie said, Jake has not only worked with the Texas Land Conservancy Group, but our executor, everything, he's phenomenal. So he's, good, you're still there. I wanna make sure you didn't leave on me. So anyway, so the western side is divided into two tracks, a little over 97 acres, and the other one's almost seven acres. So I'll tell you, that side, we did go out there not long after they came to the city, Mr. Gershbach, and so we got our ATVs and went out there, and it was phenomenal. It was very wooded, but then you get up some open areas, the topography, you can look down into the quarry, And so it's amazing. And that's right down my alley, right? That kind of stuff. But then you go to the other side of 317 and you've got this native prairie pasture grassland. And there are people though, I will tell you that the people that were with me started trying to identify what plant is that? What is this? Oh, that's a this. And it's gonna be a win no matter what your interests are. You wanna be a nature with trees and wildlife, you've got one side. If you like the plants and just more open space, we've got the other side, it's great. So the Eastern property, a little over 74 acres, Like I said, it's like an open grassland with native plants. There is the building that's being occupied by the can do handyman we would assume their lease and Jake could explain that I believe it's on a month-to-month right now, but he is working with them that has some storage units or carport and And the eastern property is divided into two tracts, a little over 73, and 0.7 is where the can-do handyman. So once again, so here we go. Here's the slide with the, if you want to try to remember what I just said, you got the western property. And so anyway, that's kind of where we are again. Here's the easement restrictions. So the state, when it's coming to us, executing a conservation easement with the Texas Land Conservancy. They're a 501c3 nonprofit group. And we're talking about the large tracks on the east and west side only. So even though we're getting all the land, there's four tracks, the two largest ones are going into the Conservancy easement. And the uses is very limited, natural surface trail, focus on nature type stuff. Outside of the easements, you had on the western side where the Chatham's Grocery Store is, the 6.7 acres, and then on the eastern side where the Can Do Handyman, that is outside of the conservancy easement. Once again, here's the western side is the 6.799, and then over here on the east side, the .7. Outside of the conservation easements, We can do public parking, we can do restrooms, educational spaces, signage, pavilions, anything that kind of contributes to the exploration, the information enjoyment of that area. Existing structures can stay if we deem so. New and existing underground public utilities. Then anything else that's reasonably related to or supported by a natural condition park. Deed restrictions on the small tracks cannot be any sports facilities. That was made clear to us. They do not want to see anything like that out there. Can't be any new kind of structures if it interferes or it's detrimental to the purpose of the easement, which is conservation, really nature-wise. No camping and then any other use that's within the city's control that could be detrimental to the easement we would not be doing. And we will be working when we start doing any improvements hand in hand with our contact at Texas Land Conservancy just to make sure we're all on the same page because they do come, I think it's yearly, and do an inspection of the property. And so as long as we're hand in hand on what we're doing, it should go smoothly. Once again, there's the picture. Condition, the deed requires the city to designate the property as a public park, and we're talking about the two large parcels as the public park. If the city does not or ceases to use the property as a public park, it automatically reverts to the Texas Land Conservancy. and then the property must be named Chatham Park or something substantially similar that variation and if you approve this tonight somewhere in the future we'll be bringing back to the official naming what will come up with but it's a that's the conditions some of the photos here's the house that's on side it's from the 1950s more likely down the road that would be taken out some barns we were talking about. This is probably, in terms of the storage and securing, this is the best one out there that if we're gonna put equipment so we're not having to haul mowers all the way over on a trailer, we can put stuff out here. I started looking at, look at this right here. I mean, just beautiful. Can you imagine just you cutting trails, natural trails through? and uh this is what this is the the opportunity we have here here's the woods we go through uh you know i debated there's there's one we came around a corner it didn't come with the property there was a cow staring at us uh it didn't belong there so i said i can't put that on there but uh it's uh it was a great day uh to be out there just going across the property open space it just got a little bit of everything that's different here's the the chatham's grocery store to the right of it you can see the the barn i was just telling you about that we could put our equipment in and immediately to the right of that is the house that you also saw a picture of and then here is the can do handyman facility that's right off of highway 36. When they first heard about it, Kevin, what about Miller Springs? Do you still need it? I'll tell you, I would never give up Miller Springs. It has its own unique purpose. I've cherished the partnership we have with the city of Belton and the United States Army Corps of Engineers. But at the end of the day, it is not city of temple property. Somewhere down the road, the Army Corps could say, hey, we need it for something with the dam development or something. You just never know, right? So it's not ours. This would be ours. And that, to me, is great. And it's different. I mean, there's a lot of elevation changes at Miller Springs so it complements each other it's great this property is on the thoroughfare connector and neighborhood connector system according our parks 2020 master plan and then The nice thing about this park, when I met with, we did our sessions, it is not like a typical park. It's not gonna come with a extreme cost where, oh my gosh, you gotta put in these, you gotta run utilities for restrooms and you gotta put up splash pads and basketball goals and all this stuff that costs you know a lot a lot of money so it's it's a lower cost also it's quicker to activate uh because the goal is to try to keep it as natural as possible and we've already got a group of volunteers we've had a couple meetings they are ready to go the the master naturalist uh you know i was trying to tell you they uh they they are they are ready to go and uh I've got to put a lock in our own chain on the gate tomorrow if this goes by and tell them you can't get on it until we get you ready to get out there. But there's a group that is ready to help us. So that is a great thing. You can never have enough partners in this world. And then going back to the master plan, there were several guiding principles. And one of them was... they asked the community to preserve open space cultural landscapes and natural resources within temple and out of all the open houses we did in the surveys 91 said that was very important to them so i think that checks that box hey we are marching towards uh doing that and then you know the last bullet here it all ties back to why do people want that it's because the health of benefit, right? One is exercise. One is you might not want to go walking. You may just want to go out there and just sit on some of the benches and just listen to birds, animals, whatever. And so it's a time to reflect. So there's a lot of benefit just to have a space like this. And, uh, the value that came back was the $7.5 million, uh, gift. If you accept it to the city of temple, uh, and all the residents to use for future generations. And, uh, It's on the behalf of the state of David and Peggy Chatham. And I thank them for their thoughtfulness. I want to thank Mr. Gershbach for a year being with us. Because I think he thought it was going to be a faster process. And he stayed with us. And once again, the man behind me did all the heavy lifting. And he's phenomenal. he we just come in and make it look good but he's did all the work and he really did and got a great team but I would be happy to answer any questions unless it's something you need Jake to answer I got a few you know early evening to late evening phone calls from Leland and he was

That's me being nice about Leland being passionate about this project. So it is wonderful. And there are concerns. There was a fellow that was here earlier that talked about taking up all the open space with concrete. Ms. Brindley mentioned that too. And so to have such a beautiful piece of property on a well-traveled road Just donated out of the goodness of someone's heart is very nice and obviously very much appreciated. And I was wondering what the value was, and there it is right there, almost $8 million. Phenomenal. Yeah, that's a real blessing to the residents, for sure. It is. Thank you. Thank you. And there's got to be a stump to chump. question for next parks parks month okay there's one in there the national parks and rec month yeah July right that's July of 27 you got it no problem very good council any questions on that anything for Jake Jake you've been mentioned a few times do you want to talk about it or Kevin covered off I think Kevin got all of it.

No, we're super excited. It's been a joy to work on this project. Kevin has helped a lot talking with Mr. Gersbach and the other people that are involved and ready to help. So it's been a great, great process and we're excited to bring this to our residents. Yep.

And we have a if you if you if you accept it or not, we've already got him an ATV lined up for next Friday, we will be on site. So I said, Hey, let me get up here. So your apologies said this group wants to get out and start doing things. But I said, we need a waiver form, right? And we need to know who's going on there. And I said, but hey, it's not our typical waiver, you know, like you're playing in a gym, I said, They could break their ankle. There could be snakes out there. He said, we all just need to go out there so I can draft up the appropriate one because it's different. But I said, we've got to get out there or they're going to keep knocking on my door. Hey, when are we going to get to start going on this? But, yeah, so next Friday.

That's an easy waiver, right? Not our fault.

I don't know.

Very good. Thank you, gentlemen, for that. Again, that's a great. I love that one and the prairie. Prairie Park, Tower Road. There's just so much. And Miller Springs is beautiful. Just sort of those natural landscapes are wonderful to have. So very good. All right. Well, with that, council, I will entertain a motion on item 20. And you better say yes.

I move to approve item 20.

Second it.

We have a motion by Councilmember Pilkington. We have a second by Mayor Pro Tem Walker. Council, please cast your vote. Item 20 passes five votes to zero. It's now 8 PM. I want to thank everyone for attending. That is our agenda. And we are dismissed.