Sep 21, 2026 City Council

SIX 30, LET'S GET GOING.

GO BY YOUR HEADS AND JOIN US IN INDICATION LED BY MAYOR PRO TIMM BAKER.

BEING KNOWN THAT THE CITY COUNCIL OF THE CITY OF LAKE JACKSON WILL MEET MONDAY, SEPTEMBER 21ST, 2026 IN REGULAR SESSION AT 6:30 PM AT 25 OH DRIVE, LAKE JACKSON, TEXAS, AT LAKE JACKSON CITY HALL.

IN THE ALICE ROGERS COUNCIL CHAMBERS WITH THE FOLLOWING AGENDA.

UH, IF EVERYBODY WOULD PLEASE STAND AND JOIN US FOR THE PLEDGES LED BY OUR CITY MANAGER, MODESTO MUO, A PLEDGE ALLEGIANCE TO FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE A UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE UNDER THE TEXAS I PLEDGE ALLE TO BE TEXAS.

ONE STATE UNDER GOD, ONE INDIVISIBLE.

THANK YOU, MR. ALL RIGHT.

[INVOCATION ]

PLEASE THAT PRAY.

DEAR MS. HEAVEN, FATHER, JUST THANK YOU FOR THIS WONDERFUL DAY THAT YOU BLESSED US TO SEE YOU TODAY, THAT WE'LL NEVER SEE YOU AGAIN.

AND JUST THANK YOU FOR YOUR SUNSHINE AND JUST THANK YOU FOR YOUR GRACE AND MERCY.

AND AS WE GET READY TO PREPARE OURSELF FOR THIS, UH, THIS MEETING THAT WE'RE ABOUT TO HAVE, JUST BE WITH US AND JUST GIVE US, UH, KNOWLEDGE AND WISDOM TO, UH, MAKE GOOD WISE DECISIONS FOR THE PEOPLE THAT LIVE IN THIS, UH, GREAT CITY THAT WE ALL SERVE.

AND BLESS OUR FIREFIGHTERS, UH, EMS, UH, FIRST RESPONDERS, AND BLESS OUR, UH, MILITARY FORCES THAT PROTECT US, UH, ON A DAILY BASIS IN JESUS.

[PRESENTATION ]

WE HAVE GARCIA, MR. LEMME CRACK THAT 70.

GIVE JUST A MINUTE.

OH, MAYBE WITH MY GLASSES ON.

I COULD READ THAT FROM THE BOARD.

IT SINCERE G ACHIEVE AND APPRECIATION OF HTV LAKE JACKSON, AND THAT WE'VE BEEN MAYOR AND THE CITY OF LAKE JACKSON DO CARE BY CLAIM.

WE HAVE A REPRESENTATIVE, KIM, ON.

SO WE WANTED TO JUST TAKE THIS OPPORTUNITY TO REMARK ON, SO WITH EVERY STORM WE'VE HAD THE ICE STORM, HURRICANE STORM, ANY COVID, THEY JUST HAVE BEEN PHENOMENAL PARTNERS.

NOT ONLY WITH THE CITIES, BUT WITH OUR COMMUNITY AS WELL.

ANY TOILET PAPER, THEY .

SO ANYWAY, WE JUST WANTED TO TAKE THE TALK.

OUR LONG TERM MANAGER, JEFF, I HAVE RECENTLY RETIRED .

GOOD.

BUT WE JUST WANTED TO TAKE A MOMENT JUST TO SAY THANK YOU AND THAT WE APPRECIATE OUR PARTNERSHIP.

IT SHOULD BE.

SO I WANTED TO SET BY VIRTUE OF AUTHORITY VESTED IN HERE OF THE CITY OF LAKE JACKSON, TEXAS, DO HEREBY COMPLAINT SEPTEMBER 21ST, 2026, HEV AT JACKSON BAY AND THE CITY OF JACKSON.

WHEREAS HEB HAD ITS GRAND OPENING OF JACKSON, TEXAS ON JUNE 10TH 20.

AND WHEREAS HEV HAS ACTIVELY PARTNERED WITH JACKSON EMERGENCY DISASTER AND LOCAL NON-PROFIT SUPPORT.

AND WHEREAS THESE CONTRIBUTIONS ENHANCE CITY'S ABILITY TO SERVE THE PUBLIC WITH HEV BEING INSTRUMENTAL IN THE CITY'S REVITALIZATION, AS WELL AS THE DEPLOYING TINKER TRUCKS FILLED WITH SAFE EMERGENCY DRINKING WATER DURING THE 2020 WATER CRISIS AND COORDINATING WITH REGIONAL PARTNERS TO THOSE SUPPLY PILLARS WITH FOOD AND WATER AND MAJOR WEATHER EVENTS, HURRICANE GULF COAST.

AND WHEREAS THESE SERVICE BY HB HAVE BEEN MARKED BY DEDICATION BEST AND NOW THEREFORE VEHICLE HAVE CLAIM THAT THE CITY OF LAKE JACKSON DOES CARE BY EXPRESS

[00:05:01]

SEPTEMBER 21ST, 2020 SIXTH OF THE LAKE JACKSON DAY IN THE CITY OF LAKE JACKSON TESTIMONY WERE OF JACKSON 21ST DAY OF SEPTEMBER 20.

EXCUSE ME.

I GO THERE AT LEAST 15 TIMES A WEEK.

I, I THINK.

ME TOO.

ASK, DO WE HAVE ANYBODY, UH, HERE FOR VISITOR COMMENTS ON AN ITEM THAT IS NOT ON THE AGENDA? NOPE.

I DON'T BELIEVE, BUT I'LL

[VISITOR COMMENTS ]

NOT HEARING ANY, WE'LL GO TO DECLARATION OF CONFLICTS OF INTEREST.

THIS IS FOR ANY MEMBER OF COUNCIL WHO HAS A CONFLICT OF INTEREST ON ANY, UH, ITEM ON THE AGENDA.

CAN SPEAK UP ANYBODY, RIGHT.

NOT HEARING ANY.

CONSENT AGENDA, ITEMS ONE HERE, NINE AS PRESENTED.

WE'VE GOT OUR

[CONSENT AGENDA ]

IS THERE ANY ITEM ON THIS CONSENT AGENDA THAT ANY MEMBER OF COUNSEL WOULD LIKE TO REMOVE TO REGULAR AGENDA FOR FURTHER DISCUSSION? NOT HEARING ANY.

I'LL TAKE A MOTION, LIKE TO MAKE A MOTION TO APPROVE.

ITEM ONE TO NINE WAS PRESENTED.

ON THE CONSENT, WE'VE GOT A MOTION.

WE HAVE SECOND.

SECOND.

SO ONTO THE REGULAR AGENDA.

[1. Approve Resolution No. 1023 authorizing the mayor to execute an Industrial District Agreement with Dow, BASF, and the cities of Freeport and Clute to ensure a stable environment for industrial development by preventing annexation of district land in exchange for monetary compensation. – Modesto Mundo ]

ITEM NUMBER ONE IS TO APPROVE RESOLUTION NUMBER 10 23, AUTHORIZING THE MAYOR TO EXECUTE AN INDUSTRIAL DISTRICT AGREEMENT WITH DO BASF AND THE CITY'S OF FREEPORT, AND INCLUDE TO ENSURE A STABLE ENVIRONMENT FOR INDUSTRIAL DEVELOPMENT BY PREVENTING ANNEXATION OF DISTRICT LAND IN EXCHANGE FOR MONETARY COMPENSATION.

MAYOR CITY COUNCIL, WE HAVE BEFORE YOU TONIGHT.

UM, OUR, UH, NEGOTIATED, UH, NEW AND, UH, NEGOTIATED INDUSTRIAL, UH, AGREEMENT.

THIS HAS, UH, BEEN A LOT OF HARD WORK, UH, BETWEEN, UM, DOW, UM, AND INDUSTRY AND THE CITIES OF, UH, FREEPORT AND INCLUDE, WE'RE A RARE BIRD, UH, AMONGST, UH, INDUSTRIAL DISTRICTS WHERE WE HAVE SEVERAL CITIES.

UH, MOST OF THE TIME IT'S, UH, USUALLY ONE ENTITY, UH, MUST BE, UH, THREE INVOLVED WITH INDUSTRY.

UH, THE FIRST ONE WAS IN 1973.

UM, AND THERE HAVE BEEN SEVERAL, UH, SINCE THEN.

UM, IN 19 87, 94, 2001 AND 2011, UH, THIS ONE IS EXPIRING.

UH, THE CURRENT ONE IS EXPIRING IN DECEMBER, AND THIS ONE WILL PICK UP, UH, FROM, UH, FROM THERE IT IS FOR 15, UH, YEARS.

AND, UH, THE FIRST THREE YEARS HAVE A FIXED PAYMENT, UH, FOR THE CITIES.

AND THEN WE GO INTO A RATE WHERE IT IS A NEGOTIATED, UH, RATE AND AGGREGATE RATE, AND THEN A PERCENTAGE OF THAT RATE TIMES THE VALUE.

UH, SO, UM, AND AFTER, IN YEAR FOUR, IT'LL BE BASED ON VALUE, BUT THE FIRST THREE YEARS ARE A FIXED OR A FIXED RATE.

SO YOU CAN SEE, UH, UH, ON THE BOARD, THIS IS LAKE JACKSON SHARE IN THE FIRST THREE YEARS, UH, YEAR ONE IS SEVEN, UH, 0.95, AND YEAR TWO IS THE SAME.

AND THEN YEAR THREE, IT GOES UP, UH, TO EIGHT, UH, 8.4 MILLION.

AND THEN IN YEAR FOUR, THEN IT'S BASED ON THE VALUE OUT OF THE THREE CITIES, OUR SHARE IS 45.56, UH, PERCENT OF, UM, OF THE PAYMENTS, UH, MADE.

AGAIN, IT'S A 15 YEAR TERM.

UM, THERE IS A SLIGHT NEW WRINKLE IN HERE, AND THAT WE'VE ALSO NEGOTIATED A, UM, A ALTERNATE RATE FOR THE DOW DIAMOND INFRASTRUCTURE.

UH, AND THAT REALLY IS IN HOPES OF THAT THEY CAN EXTEND, UH, THEIR UTILITY SYSTEM TO NEW CUSTOMERS THAT, UH, CAN SUPPORT THAT, UM, UH, FOR ECONOMIC DEVELOPMENT PURPOSES.

SO IT'S KIND OF A PUBLIC WORKS FORM THAT WOULD BE TAXED, AND IT HAS A LIMIT OF NINE, NO MORE THAN 9% OF THE VALUE OF THE CONTRACT.

ANYTHING ELSE THAT WOULD COME IN WOULD BE SUBJECT TO

[00:10:01]

A, UH, NEGOTIATE, WELL, AN OUTLINE OF ABATEMENTS THAT ARE IN THE CONTRACT, UH, NOW, AND, AND THE, UM, THE VALUE AT THE TIME.

UH, UH, WHEN WE ARE IN THE AGREEMENT, UH, THE ABATEMENTS, YOU CAN SEE BEFORE WE USED TO HONOR THE ABATEMENTS OF THE COUNTY AT A HUNDRED PERCENT, BUT NOW WE HAVE AN ABATEMENT SCHEDULE, UH, ON THAT, THAT THEY, THEY MUST, UH, MEET.

UH, LET'S SEE WHAT ELSE I'M GOING THROUGH.

PRETTY, UH, QUICKLY.

UM, AGAIN, YOU KNOW, WE'VE HAD AN INDUSTRIAL, UH, DISTRICT AGREEMENT FOR OVER 50 YEARS, AND I THINK IT'S BEEN VERY SUCCESSFUL, UH, UH, FOR BOTH SIDES, UH, FOR ALL SIDES.

UH, UH, THEY PAY A REDUCED AMOUNT.

UH, AND THEN THE CITY DOES NOT HAVE TO DIVIDE, UH, CITY SERVICES, UH, BUT IT STILL HELPS US, UH, WITH, UH, WITH OUR BUDGET.

IT IS THE, UH, IF NOT THE FIRST, SOMETIMES THE SECOND LARGEST, UH, REVENUE STREAM FOR, FOR OUR CITY.

AND SO, UH, WE ARE, AFTER THESE MONTHS OF, UM, DELIBERATION AND NEGOTIATION, UH, WE'RE RECOMMENDING, UM, ADOPTION OF THE AGREEMENT.

THERE IS A SMALL TYPO.

I'D SAID 2 20 41.

IT ENDS IN IT'S 15 YEARS, INCLUDING 26.

IT ENDS IN 2040, BUT IT'S CORRECT IN THE, IN THE SIGNED DOCUMENT.

SO, ONE THING, I KIND OF CAME IN ON THE, THE TAIL END OF THIS AGREEMENT, AND THE, I STILL ATTENDED PROBABLY 43 MEETINGS ON IT, .

UM, AND I JUST WOULD LIKE TO THANK EVERYONE WHO IS INVOLVED WITH IT.

SOLU, FREEPORT, THE REPRESENTATIVES FROM DOW, OUR ATTORNEYS AND STUFF.

THIS WAS A TREMENDOUS AMOUNT OF WORK.

AND ONE OF THE THINGS THAT STRUCK ME DURING THE, UH, ALL THE CONVERSATION WAS THE TENOR OF THE CONVERSATION.

AND THAT IS, IT WAS ALWAYS ABOUT PARTNERSHIP AND MAKING IT A WIN-WIN FOR EVERYONE.

UM, NO ONE PARTY EVER KIND OF STEPPED OUT OF THAT, UM, REALM TO BE GREEDY OR TO BE CONTENTIOUS OR ANYTHING LIKE THAT.

AND I JUST, UM, KINDA LIKE WITH HEB, I APPRECIATE PARTNERSHIP.

UH, DOW HAS BEEN INSTRUMENTAL IN BUILDING LAKE JACKSON IN MANY WAYS, UH, AND JUST REALLY DO APPRECIATE THE CONTINUED PARTNERSHIP AND INVESTMENT IN THE COMMUNITY.

SO THANK YOU TO SHERRY AND MODESTO FOR REPRESENTING LIKE JACKSON.

UM, A LOT OF WORK.

I WAS, MODESTO IS THE MONEY GUY.

IF YOU HAD ANY MONEY QUESTIONS ON IT, SHERRY WAS THE WORD, THE WORD LADY.

IT WASN'T WORDED CORRECTLY.

SO THAT'S, THAT WAS MY GO-TO.

SO IF COUNSEL HAS ANY QUESTIONS, UH, WE DO HAVE REPRESENTATIVES, UH, WITH, UH, DOWN HERE, UH, TONIGHT.

UH, MR. BROADUS, UH, AND MR. WARREN AND MS. CO ARE HERE TONIGHT.

SO, SO BASICALLY THERE'S JUST AGREEMENT THAT FOR THE CITY, ALL THE CITIES JUST WON'T, WON'T, UM, THE WORDS THAT THE CITY WON'T TAKE THEM IN, UH, WON'T TAKE THEM IN FOR TAXES OR ANYTHING LIKE THIS.

THAT'S CORRECT.

UH, UH, FOR 15 YEARS, UH, YES, WE HAVE AN AGREEMENT WITH THAT.

UM, UH, WE WILL ANNEX AND, UH, PLEASE CORRECT THAT ANNEX.

THAT'S CORRECT, ANNEX.

AND THEN, UH, THEY HAVE THE, UH, PAYMENTS, UH, FIRST THREE YEARS PROMISED.

AND THEN, AND THEN AFTER THAT, IT'S BASED ON VALUE.

THERE IS A SLIGHT CHANGE OVER, UH, UH, WE ARE TRYING TO WORK OVER TIME TO BRING IT TO MARKET.

SO IT STARTS AT 63% OF THE AGGREGATE RATE, AND THEN IN THE LAST FIVE YEARS, IT MOVES TO 65%.

SO WE'RE GETTING CLOSER TO TO MARKET.

SO COUNT.

AND WE DO HAVE A FLOOR.

UH, THAT'S PROBABLY A VERY IMPORTANT POINT THAT WE HAVE A FLOOR, NOT TOO MANY OTHER INDUSTRIAL AGREEMENTS THAT I KNOW HAVE A FLOOR.

SO WE DO HAVE A GUARANTEED FLOOR, AND THAT WAS VERY IMPORTANT FOR ALL THREE CITIES.

SO COUNSEL RECEIVED THE, THE AGREEMENT AND HAD AN OPPORTUNITY TO READ IT.

SO NOW IS THE TIME.

IF WE HAVE ANY QUESTIONS, EITHER FROM MODESTO, FOR SHERRY, OR FOR ANY OF OUR, UH, DELL REPRESENTATIVES OUTTA CURIOSITY.

THE PREVIOUS AGREEMENT WAS 15 YEARS, BUT BEFORE THAT, WE NEVER HAD AN AGREEMENT THAT LONG.

WHAT WAS THE REASON BEHIND THAT? I THINK IT PROBABLY, I'M GOING TO MAKE A GUESS.

I TALKING TO BILL, I THINK A LOT OF TIMES IT MIRRORED WHAT THE STATE LET, UH, LEGISLATION ALLOWED.

SO THERE, SO AT SOME POINT IN TIME IT CHANGED.

THERE'S A LEGAL LINK.

ALLOWED.

ALLOWED, YES.

AND THEN IT WENT TO 15 I, THAT'S MY MEMORY OF, UH, HEARING THE PRIOR DISCUSSIONS ON THAT.

'CAUSE WE DON'T HAVE TO TELL HIM.

AND SINCE YOU GUYS MADE THE TRIP OVER HERE, MR. FORM, MS. CONE, MR. BROADUS, DO Y'ALL HAVE ANYTHING Y'ALL LIKE TO ADD OR ANY COMMENTS YOU'D LIKE TO MAKE? I THINK MR. BROADUS LIKE TO SAY SOMETHING , HE HAS A LOOK ON HIS FACE THAT HE WANTS TO TALK.

MOST ATTORNEYS DO, SEE, I LOVE THIS.

[00:15:01]

YOU HAVE TO COME UP TO THE PODIUM AND GIVE US YOUR NAME.

NOT REALLY.

HE KNOWS.

NOT REALLY, BUT I, I WILL LIKE, BUT HE'S USED TO TALKING UP HERE, SO YEAH.

MATT BROUGHT US 53 LAKE ROAD.

I DON'T HAVE TO BE REMINDED .

UM, YEAH, I, I WOULD ECHO WHAT THE MAYOR SAID AND APPRECIATE EVERYBODY'S, UM, COLLABORATION AND IT WAS A LOT OF HARD WORK AND A LOT OF MEETINGS AND A LOT OF LITTLE TWEAKS HERE AND THERE TO THE OLD, UH, TO THE OLD AGREEMENT TO BRING IT UP TO, TO NEW AND MAKE IT FRESH AND MAKE IT MAKE IT GREAT FOR EVERYBODY INVOLVED.

AND SO I HOPE WE ACCOMPLISH THAT A LOT OF BACK AND FORTH.

SO I THINK WE, WE MUST HAVE.

YOU DID.

WELL, THANK YOU FOR YOUR TIME AND EVERYTH.

THANK Y'ALL FOR YOUR GOOD JOB CONSIDERATION.

ALL RIGHT, COUNSEL, ANYTHING FURTHER, READ THE RESOLUTION.

THIS IS A RESOLUTION AT THE CITY COUNCIL OF THE CITY OF LAKE JACKSON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN, AN INDUSTRIAL DISTRICT AGREEMENT WITH DOW, BASF BROCK, STRATTON RIDGE, AND THE CITIES OF FREEPORT INCLUDE TO ENSURE A STABLE ENVIRONMENT FOR INDUSTRIAL DEVELOPMENT BY PREVENTING ANNEXATION OF INDUSTRIAL DISTRICT LAND IN EXCHANGE FOR MONETARY COMPENSATION.

RIGHT.

DO WE HAVE A MOTION? I MAKE A MOTION TO APPROVE NUMBER ONE.

YOU HAVE A MOTION? DO WE HAVE A SECOND? SECOND.

YOU HAVE A MOTION AND A SECOND.

ALL IN FAVOR, SAY AYE.

ANY OPPOSED? MOTION.

THANK Y'ALL SO MUCH.

WE'RE GONNA TALK ABOUT SOME REALLY EXCITING STUFF, IF YOU'D LIKE TO SAY .

I KNOW YOU DO .

THANK Y'ALL VERY MUCH FOR COMING.

APPRECIATE Y'ALL.

NUMBER TWO, DISCUSS AND CONSIDER A REQUEST FROM THE CLARION REGARDING THE SALE OF ALCOHOLIC BEVERAGES DURING SPECIAL EVENTS, UH, INCLUDING A VARIANCE FROM THE 300 FOOT DISTANCE REQUIREMENT PER CITY CODE.

ITEM

[2. Discuss and consider a request from The Clarion regarding the sale of alcoholic beverages during special evening events, including a variance from the 300-foot distance requirement per city code Section 62-1. – Modesto Mundo]

UH, SECTION 62 1, UM, MAYOR AND COUNSEL, WE RECEIVED A REQUEST FROM, UH, THE CLARION TO SELL ALCOHOL AT EVENTS.

UM, AS I WAS REMINDED BY STAFF AND SHOWN ON THE MAP, UH, THE COLLEGE IS DIVIDED IN SEVERAL WAYS.

UM, UH, THE CLARION IS WITHIN THE CITY OF LAKE JACKSON, UH, CORPORATE LIMITS, UH, WHERE AT THE FRONT OF THE CAMPUS, UH, THE DOW ACA ACADEMIC CENTER IS INCLUDED.

AND SO THERE'S, YOU KNOW, SEVERAL DIVISIONS THERE.

BUT IN THIS INSTANCE, UM, UM, AND FOR A REQUEST OF ALCOHOL, IT MUST COME BEFORE, UH, CITY COUNCIL FOR APPROVAL.

SHERRY HAS GIVEN US SOME GUIDANCE ON THE WAY WE WERE READING THE LEGISLATION, UH, IN THAT, UM, THE WAY THAT WE'RE INTERPRETING IT, UH, AT THE MOMENT, UM, THE, THE CITY ATTORNEY'S ADVISEES IS THAT THE REQUEST E HAS TO COME FOR EACH EVENT, THAT IT CANNOT BE A BLANKET, UM, APPROVAL, UM, BY THE CITY COUNCIL FOR TO SELL ALCOHOL.

AND THE REASON WHY IS BECAUSE OF THE DISTANCE FROM A SCHOOL.

THAT IS THE, THE CAVEAT THAT, UH, MAKES THIS DIFFICULT.

UM, AND THAT YOU CANNOT, UH, PROVIDE A BLANKET COVERAGE THAT THEY NEVER HAVE TO COME AGAIN.

UM, BUT I'LL LET THE CITY ATTORNEY AND THE CITY SECRETARY, UH, YOU KNOW, PROVIDE ANY OTHER PERMISSION.

THEY'RE MUCH MORE VERSED IN IT THAN I AM.

WELL, YOU DID A GOOD JOB.

THE LEGISLATION SAID YOU CAN GIVE A VARIANCE IN A PARTICULAR INSTANCE.

SO I GUESS THEY WANT YOU TO HEAR EACH ONE TO MAKE SURE IT'S A GOOD IDEA TO GIVE THE VARIANCE.

WOULD WOULD IT BE SOMETHING THAT CLARION COULD COME TO US IN JANUARY? BECAUSE I ASSUME THE MAJORITY OF THEIR EVENTS ARE PLANNED OUT MONTH IN ADVANCE.

WOULD THEY BE ABLE TO COME TO US QUARTERLY OR ONCE A YEAR, SAY, HEY, I HAVE THESE SEVEN CONCERTS, THESE THREE PLAYS, THESE FOUR COMEDY SHOWS, OR WOULD IT HAVE TO BE EVERY MONTH? HEY, WE HAVE SOMETHING THIS MONTH.

WE HAVE TO, IF THEY HAD ENOUGH INFORMATION ABOUT EACH OF THEIR SHOWS AND DESCRIBED EACH ONE TO YOU, I THINK THAT WOULD BE OKAY.

'CAUSE YOU WOULD SAY YES, THESE ARE THE INSTANCES WHERE WE'LL, WE'RE GONNA WAVE THEM.

I'M RELATIVELY NEW TO MY CURRENT JOB.

YOU SPECIFIC? YES.

I WOULD JUST LIKE TO SAY WHEN THIS WAS FIRST BROUGHT UP, THAT I'M LESS CONFUSED ABOUT OUR BUDGET AND ALL THAT PROCESS THAN I AM ABOUT TABC RULES, BECAUSE TABC MAKES IT AS MUDDY AS POSSIBLE.

UM, BUT I, THAT WAS MY FIRST INSTRUCTION, AND MS. BARTLETT WAS CONTACT TABC, WHICH SHE DID.

SO, MS. BARTLETT, WOULD YOU LIKE TO COME UP? SURE.

EVENING, EVERYBODY.

MS. UH, COUNSEL, KIND OF TELL US WHAT BROUGHT THIS UP A LITTLE BIT.

SURE, SURE.

UM, FIRST OF ALL, MY NAME IS ANNE BARTLETT.

I AM A RESIDENT OF LAKE JACKSON, AND I'M ALSO, UM, AN EMPLOYEE AT BRAZOSPORT COLLEGE WHO, YOU KNOW, AS ONE OF YOUR CONSTITUENT ORGANIZATIONS AS WELL.

UM, I SERVE AS THE VICE PRESIDENT FOR ADVANCEMENT AND EXTERNAL AFFAIRS, AND ONE OF THE FACILITIES THAT I SUPERVISE AT THE COLLEGE IS CLARION.

UM,

[00:20:01]

I'VE BEEN AT THE COLLEGE FOR ALMOST 19 YEARS NOW, BUT I'M NEW IN THIS POSITION AND HAVE RECENTLY STARTED SUPERVISING MCC CLARION.

AND AS PART OF THAT PROCESS, I WENT BACK AND STARTED ASKING PEOPLE IN THE COMMUNITY AND ALSO MY COLLEAGUES AT WORK, LIKE, WHAT DO YOU LIKE ABOUT THE CLARION? WHAT WOULD YOU CHANGE ABOUT THE CALOR? AND EVERYBODY SAID OVER AND OVER AGAIN, WHY CAN WE NOT HAVE ANYTHING TO DRINK AT CONCERTS? AND I SAID, WELL, IT'S BECAUSE THERE'S THIS TADC CODE.

AND THEY SAID, YEAH, BUT IT HAS TO DO WITH LIKE 300 FEET FROM AN ELEMENTARY SCHOOL AND THE DAYCARE, AND WE DON'T HAVE THE CHILDCARE CENTER ANYMORE.

AND SO I TALKED WITH MARETH WHO SAID, LOOK AT THE CODE AND CALL TABC.

AND SO I LOOKED AT THE CODE AND SURE ENOUGH, THERE IS A SUBSECTION E THAT SAYS THAT MUNICIPALITIES HAVE THE RIGHT TO GRANT A VARIANCE AND CALLED TABC.

AND THEY SAID, WE'RE NOT GONNA MESS WITH YOU GUYS.

WHATEVER THE CITY WANTS TO DO IS WHAT WE'RE GONNA ALLOW YOU TO DO.

UM, AND SO I'M HERE SIMPLY TO SAY WE'VE NEVER ASKED BEFORE BECAUSE THERE WAS A RULE ON THE BOOKS THAT SAID THAT WE COULD NOT SELL ALCOHOL AT THE CLARION.

AND I CAME UP AND SAID, WHY? BECAUSE PEOPLE ARE TELLING ME THAT THEY WOULD LIKE TO HAVE A COLD BEER WHILE THEY'RE LISTENING TO A COUNTRY MUSIC ARTIST.

AND IF YOU CAN HAVE A COLD BEER OR A GLASS OF WINE WHILE YOU'RE AT THE HOBBY CENTER, WHY CAN'T YOU WHILE YOU'RE AT THE CLARION IN BRA PORT COLLEGE, ESPECIALLY IF THE ELEMENTARY SCHOOL IS CLOSED, BECAUSE THE SHOWS THAT WE'RE TALKING ABOUT ARE HAPPENING IN THE EVENING.

UM, YOU DID MENTION ABOUT, UM, INDIVIDUAL EXCEPTIONS, AND IT JUST SO HAPPENS THAT I HAVE THE ENTIRE CONCERT LIST WITH ME TONIGHT, .

SO IF YOU WILL, SO INDULGE ME.

I CAN TELL YOU ABOUT THE DIFFERENT ACTS THAT WE HAVE SCHEDULED FOR THE SEASON.

THEY'RE NOT THAT MANY, AND SO IT WON'T TAKE THAT LONG.

UM, OUR FIRST ONE IS, UM, ACTUALLY THIS FRIDAY, SEPTEMBER 25TH, UH, IT'S THE MARSHALL TUCKER BAND THAT WILL BE FOLLOWED BY A SHOW ON FRIDAY NIGHT, NOVEMBER 20TH, GUNHILL CARLING, WHO IS GOING TO BE LEADING A JAZZ EXTRAVAGANZA WITH THE BRAZOSPORT COLLEGE JAZZ BAND THAT WILL BE FOLLOWED BY A SHOW ON THE EVENING OF FRIDAY, DECEMBER 11TH, BY A GROUP CALLED 11 SPOONFUL, WHO I AM TOLD ARE THE EQUIVALENT OF THE BEATLES IN THE STATES.

DON'T KNOW.

SHOULD BE A GOOD SHOW.

UM, THE 5 1 2, THE SELENA EXPERIENCE WILL BE HOSTED AT THE CLARION ON FRIDAY NIGHT, FEBRUARY 12TH, 2027.

THEN WE'RE DOING SOMETHING NEW THIS YEAR.

WE HAVE TWO ONE WOMAN ACTS.

AND SO ON THURSDAY NIGHT, OCTOBER 22ND, WE'VE GOT FLORENCE NIGHTINGALE, THE RELUCTANT CELEBRITY, WHICH SHOULD BE VERY INTERESTING, FOLLOWED BY THURSDAY, NOVEMBER 12TH, 2026.

A WOMAN WHO IS GOING TO BE DOING A PRESENTATION ABOUT BETTY DAVIS AIN'T FOR SISSIES.

THEN IF YOU MOVE ON TO APRIL 6TH, 2027 ON TUESDAY EVENING, THERE IS A SOCIAL MEDIA PHENOM WHOSE NAME IS ROB LANDIS, WHO PLAYS THE VIOLIN.

WHAT WAS THAT DATE? UH, TUESDAY, APRIL 6TH, 2027.

AND THEN, UM, WE ALSO HAVE A SHOW, AND I'M NOT ASKING FOR A VARIANCE ON THIS ONE, BECAUSE IT'S GOING TO BE OFFERED DURING THE DAY FOR OUR LOCAL SCHOOL CHILDREN ON TUESDAY, NOVEMBER 10TH, 2026.

WE DON'T WANNA THAT.

UM, AND IT'S ABOUT ECOLOGY IS AWESOME BY A GUY WHO GOES BY THE STAGE NAME OF WAIT FOR IT, STEVE TRASH.

STEVE TRASH.

SO THOSE ARE THE SHOWS THAT WE HAVE, UM, SCHEDULED FOR THE 26TH, 27 CLEAR ANN GUEST ARTIST SERIES.

AND I AM REQUESTING A VARIANCE FROM THE, OKAY.

YOU CAN'T REQUEST THAT TONIGHT.

IT'S NOT ON THE AGENDA.

BUT WHAT YOU, YOU CAN COME BACK WITH THAT LIST AND I THINK PROBABLY ADD SOME INFORMATION ABOUT SECURITY AND THE WAY THAT I'VE GOT A COUPLE, I'VE GOT A COUPLE OF QUESTIONS.

PERFECT.

ARE WE JUST SERVING WINE AND BEER, OR IS THERE HARD LIQUOR AND NO, NO LIQUOR.

NO LIQUOR.

SO NO LIQUOR.

AND THEN ON THE TIMES WHEN YOU'RE SERVING MM-HMM .

DO WE HAVE SECURITY? YES.

SO WE, WHAT'S THE SECURITY PLAN? WE HAVE POLICIES, UM, ON CAMPUS FOR ALL EVENTS.

SO IF YOU HAVE MORE THAN 250 PEOPLE THERE, YOU HAVE TO HAVE A LICENSED OFFICER.

AND IF YOU HAVE ALCOHOL, YOU HAVE TO HAVE LICENSED OFFICERS AS WELL.

AND THE NUMBERS ARE CASCADING AND I CAN BRING THOSE BACK.

UM, WE DO HAVE THOSE.

AND THEN IN TERMS OF SECURITY, WE ALSO HAVE A COMPREHENSIVE EVACUATION AND EMERGENCY PLAN.

SHOULD SOMETHING HAPPEN IN THE FACILITY OR ANYWHERE ON CAMPUS, IS THIS GONNA BE CONTRACTED OUT? YOU'RE GONNA, YES.

THE COLLEGE IS NOT IN THE BUSINESS OF BUYING AND SELLING ALCOHOL

[00:25:01]

AND THEN BEING CONTRACTED OUT, WE'RE GONNA BE MAKING SURE THAT INDIVIDUALS ARE PROPER ON THEIR ID FORMS AND CORRECT.

AND HEY, YOU'VE HAD TOO MANY TO DRINK.

ALL THAT GOOD STUFF.

AND ACTUALLY WHAT I'M THINKING, ESPECIALLY IN THIS FIRST YEAR WHERE WE'RE TRYING TO PILOT THIS AND SEE IF IT HAS ANY LEGS, IS JUST DO IT DURING INTERMISSION, WHICH IS USUALLY LIKE 10, 15, 20 MINUTES MAX.

AND THEN WE'RE DONE.

SO I WOULD SAY THIS THOUGH.

SO SHERRY MM-HMM .

YOU'RE SAYING IN THE, ON THE AGENDA.

THEY ARE.

I KNOW, I'M JUST READING.

I'M JUST READING THE, SO THAT IS WHAT SHE'S HERE FOR TONIGHT.

'CAUSE YOU'RE WANTING THIS FOR YOUR SEPTEMBER 25TH SHOW, WHICH IS COMING UP.

UH, BUT I ALSO KNOW THAT IT IS FOUR DAYS AWAY.

I HAVE NOT CONTRACTED WITH A VENDOR TO PROVIDE THOSE SERVICES YET.

NOT LIKELY.

AND SO, WELL, I DON'T KNOW.

DREW RIDER IS AMAZING, SO HE MAY BE ABLE TO DO ANYTHING, BUT I ALSO WASN'T SURE ABOUT THE LEGAL PROCESS AND WHAT THE CITY HAS TO FILE WITH HOME IN ORDER FOR THIS TO HAPPEN.

UM, IT WOULD BE AWESOME IF YOU'VE HAD A MAGICAL WAND AND COULD SAY, YES, YOU MAY DO THIS ON FRIDAY.

BUT THOSE ARE NOT NECESSARILY MY EXPECTATIONS.

AND I GOT A QUESTION.

SO I'VE BEEN TO THE DOW CENTER, UM, SEVERAL TIMES LAST COUPLE MONTHS.

I KNOW MODESTO JUST SAID IT WAS INCLUDES MM-HMM .

IT'S INTERESTING ITSELF, , UH, BUT THEY HAD ALCOHOL AT ALL THOSE EVENTS.

HOW DID Y'ALL GET AROUND IT AT THAT LOCATION? SO THERE'S A DIFFERENCE.

UM, THE PARTICULAR, UM, CODE FROM TABC THAT LAKE JACKSON HAS ADOPTED INTO ITS MUNICIPALITY CODE, HAS TO DO WITH THE SELLING OF ALCOHOL.

AND SO IF YOU SHOW UP FOR AN EVENT WHERE ALCOHOL IS BEING SERVED, THIS PARTICULAR CODE DOESN'T APPLY.

RIGHT.

'CAUSE IT'S NOT, SO IT'S LIKE ONCE YOU GET TONY'S NAIL SPA AND THEY GIVE YOU A GLASS OF WINE WHEN YOU'RE TOASTING.

I GOTCHA.

SO IF THERE'S NO EXCHANGE OF CASH, THE SELLING PART'S THE MAIN THING.

CORRECT.

WHICH IS IN LARGE PART WHY THE COLLEGE WANTS NOTHING TO DO WITH THE ACTUAL SELLING OF THE ALCOHOL, BECAUSE THEN THERE'S LIABILITY INVOLVED IN ALL KINDS OF THINGS.

HALF TIME YOU GO DRINK, THEY HAD DRINKS SEVERAL TIMES.

AND SO REALLY TONIGHT SHE COULD, AND I WILL SAY THIS, I WOULD NOT BE COMFORTABLE APPROVING A VARIANCE THAT SPANNED INTO MULTIPLE YEARS.

I WOULD BE COMFORTABLE FINISHING OUT 26 AND THEN LET'S READDRESS ADDRESS IN 27.

SCHEDULE.

THAT'S JUST ME.

THAT'S FINE.

BUT SO TONIGHT, SHERRY, SHE CAN ASK FOR THAT VARIANCE FOR YEAH.

UM, SHE CAN, AND THEN YOU CAN SET PARAMETERS FOR HER ON THE VARIANCE.

YOU CAN TAKE GRANTED VARIANCE, BUT RIGHT.

BUT WE NEED SECURITY FOR ALL THE, FOR SEPTEMBER 25TH ONLY, OR FOR ALL THE EVENTS THAT SHE LISTED THROUGH THE END OF THE YEAR ACCORDING, BECAUSE THE MAYOR DOESN'T WANNA GO INTO 27 RIGHT NOW.

I THINK WE NEED TO REVISIT THAT AT LEAST ANNUALLY.

WHAT I'D LIKE IS, UM, WHEN WE START DOING IT OFFICIALLY, IS TO GET A LIST OF EVENTS SO WE KNOW EXACTLY WHICH ONES SO THEY DON'T TOSS IN AN EXTRA SHOW OR SOMETHING.

AND, UH, I'VE GOT THE SPECIFIC DATES.

IF, IF WE NEED THAT IN THE MOTION, UM, THAT WOULD BE REALLY GOOD.

I WROTE THE DATES DOWN.

SO, SO SHERRY, CAN YOU CON LET ANN AND US KNOW WHAT THE RAMIFICATIONS ARE IF THEY DO THAT? IF THEY HAVEN'T SHOWED THAT THEY DIDN'T LIST AND THEY SELL ALCOHOL, WHAT, WHAT'S THE RAMIFICATIONS? UM, THAT IS PROBABLY THE FIRST TIME YOU DO IT IS PROBABLY A CLASS C AND THEN IT BUMPS UP FROM THERE.

I DON'T LOOK GOOD IN ORANGE.

UNDERSTAND.

NOVEMBER 20 DECEMBER 11TH, OCTOBER 22ND.

SO COUNSEL, I'M GOING TO JUST GIVE Y'ALL THOSE DATES AGAIN.

SO WHOEVER WANTS TO MAKE A MOTION, YOU HAVE THE PROPER DATES IF YOU CHOOSE TO SEPTEMBER 25TH.

NOVEMBER 12TH IS CORRECT, MS. BARLEY.

THAT IS CORRECT.

SO AT THIS TIME, WE NEED A MOTION TO GRANT A VARIANCE THAT WOULD INCLUDE SECURITY, NO ALCOHOL, ET CETERA.

IS THAT CORRECT, SHERRY? YES.

SO THOSE ARE THE GUARDRAILS THAT WE COULD PUT UP AT THIS TIME.

SENSE.

ANY FURTHER DISCUSSION OR QUESTIONS FROM COUNCIL? ALL RIGHT.

WE'LL TAKE A MOTION.

I MAKE A MOTION TO CONSIDER REQUEST ALARON REGARDING THE SALE OF ALCOHOLIC BEVERAGES DURING SPECIAL EVENTS, INCLUDING, INCLUDING A VARIANCE FROM THE 300 FOOT DISTANCE REQUIREMENT PER CITY CODE SECTION 6 62 DASH ONE FOR GIVEN DATES OF SEPTEMBER 25TH, OCTOBER 22ND, NOVEMBER 12TH, NOVEMBER 20TH, AND DECEMBER 11TH, ALL IN THE YEAR OF 2026 WITH THE UNDERSTANDING OF SECURITY, ALCOHOL CUTOFF TIMES, AND LIMITATIONS

[00:30:01]

ON SOBRIETY.

I HAVE A MOTION.

DO WE WANNA ADD ANY BEVERAGE SERVING KIND LIMITATION TO BEER AND WINE? NO, HARDLY LIQUOR CORE.

, SO WE HAVE A MOTION.

DO WE HAVE A SECOND? A SECOND.

CAN WE HAVE A MOTION IN A SECOND? ALL IN FAVOR SAY AYE.

I HAVE A QUESTION THOUGH.

UM, SHERRY, SHOULD IT NOT INCLUDE THAT IT'S BY A LICENSED VENDOR? UM, UM, I'M SURE YOU'RE GONNA USE A LICENSED VENDOR.

YEAH, THAT'S A GOOD, YOUR POINT IS THAT WE'RE NOT SELLING IT, RIGHT? THAT'S A GOOD CATCH.

IT, IT HAS TO BE BY LICENSED VENDORS.

I DON'T KNOW.

UM, ALL RIGHT.

LET'S, YOU NEED ANY MOTION OR CAN WE NO, I THINK WE'RE OKAY THIS TIME.

WE'LL, WE'LL GET IT TOGETHER NEXT TIME.

GOOD.

WHAT DO I DO FROM HERE? SO SEE SALLY AND SHERRY TOMORROW? YES.

NO, FOR FURTHER INSTRUCTIONS.

INSTRUCTION.

SHERRY SAYS SHE DOESN'T WANT TO SEE ME TOMORROW.

UM, I'M NOT GONNA BE HERE, BUT IS THERE A FORM? I DON'T THINK WE EVEN HAVE A FORM FOR THIS.

NO, NOT FOR THE LICENSED VENDOR, BUT JUST TO KNOW THAT, THAT FOR THAT WHOEVER YOU USE IS LICENSED AND THEY HAVE A LICENSE TO LIKE DO THOSE TEMPORARY EVENTS LIKE THAT.

CAN WE PROVIDE THE COLLEGE WITH A LETTER FOR THE, JUST SUMMARIZING WHAT WAS APPROVED FOR? OKAY.

JUST IN CASE THEIR LICENSE ORDER IS ASKING.

AND CAN WE REQUEST, CAN WE REQUEST THAT FOR EACH EVENT WE HAVE A COPY OF THE VENDOR LICENSE AS WELL AS THE CONTRACTED SECURITY? IF IF YEAH, SURE.

NEW TERRITORY.

CAN YOU TELL IT IS? NO.

I THINK WE'RE ON THE SAME PAGE.

I JUST APPRECIATE YOU GUYS EVEN ENTERTAINING THE PROPOSAL.

UM, WE'LL SEE IF IT WORKS.

AND IT MAY BE A HOT MESS, IN WHICH CASE YOU WILL NOT SEE ME BACK IN JANUARY, 2027.

BUT I SUSPECT THAT IT WILL HOPEFULLY DRAW MORE PEOPLE, UM, TO LAKE JACKSON AND TO CLARION THAT.

I'VE HEARD SEVERAL PEOPLE SAY, I'M NOT GONNA COME TO SHOWS THERE ANYMORE.

I'M LIKE, BUT IT'S SUCH A BEAUTIFUL JEWEL.

THAT'S CRAZY THOUGH THAT PEOPLE DON'T COME 'CAUSE THERE'S NOT ALCOHOL.

I FORGOT ABOUT, LET ME ASK A QUICK QUESTION.

THE CLARION, JUST BY DEFINITION, IS GONNA BE THE FOUR WALLS OF THE INSIDE INTERIOR, NOT THE EXTERIOR OUTSIDE THEATER, CORRECT? NO.

UM, NOT IN THE EXTERIOR.

CERTAINLY NOT IN THE PARKING LOT.

BUT WHEN YOU SAY THE INSIDE, YOU'RE NOT TALKING JUST ABOUT THE PERFORMANCE HALL, YOU'RE ALSO INCLUDING THE LOBBY.

THE LOBBY, YES.

NUMBER THREE, DISCUSS AND CONSIDER FISCAL YEAR 26 27 KEER SPORTS ANNUAL FIXED MANAGEMENT FEES FOR THE WILL DO GOLF COURSE IN AN AMOUNT NOT TO EXCEED $122,520.

BECAUSE THAT'S ACTUALLY WHERE THE ALCOHOL WAS SOLD.

I I WAS MORE CONCERNED WITH THE OUTSIDE THEATER.

I DIDN'T KNOW IF THAT WAS PART OF THE CLEAR NO, IT'S NOT.

AND SO I'LL MAKE SURE THOUGH.

YES, MA'AM.

OUTSIDE MS. BARTLETT, THANK YOU SO MUCH.

[3. Discuss and consider the FY 26-27 KemperSports annual fixed management fees for The Wilderness Golf Course in an amount not to exceed $122,520. - Robin Hyden ]

OH, YOU WERE QUICK ROBIN.

I KNOW I WAS WAITING.

SO, SORRY.

EXCUSE ME IF MY VOICE GOES OUT.

UM, SO AGAIN, WE'VE BROUGHT THIS BACK TO YOU AND I HAVE PROVIDED A LITTLE BIT MORE INFORMATION ON THE BACKGROUND OF ALL OF THIS.

SO, UM, YOU KNOW, IF YOU'VE LOOKED BACK HERE AND YOU CAN SEE THAT THERE'S A HISTORY OF THE MANAGEMENT FEE SINCE THE GOLF COURSE HAS OPENED OF WHAT, UM, IT HAS BEEN.

THERE'S YEARS WHERE IT'S NEVER, NOTHING'S CHANGED.

THERE'S THREE YEARS IN HERE THAT IT HAS DE DECREASED ACCORDING TO THE CPI INDEX.

AND THEN OF COURSE THERE'S YEARS WHEN IT'S COME BACK IN.

I'VE ALSO, MIGUEL HAS ALSO PROVIDED YOU WITH ANOTHER LETTER AT THE VERY BACK THAT KIND OF GIVES YOU A LITTLE MORE EXPLANATION OF WHAT THIS REALLY KIND OF COVERS AND WHAT KEMPER SPORTS DOES.

YOU KNOW, THERE'S SEVERAL ITEMS IN HERE.

YOU KNOW, THAT THEY'RE CORPORATE CONTRACTS ALONE, THE DISCOUNTS THAT WE GET OFF OF MERCHANDISE AND, UH, EVEN JUST THE FOOD AND BEVERAGE AND THINGS LIKE THAT TOO.

SO, UM, THIS IS SOMETHING THAT THE CITY WILL APPROVE OR DENY THE REQUEST.

UM, BUT SO, UM, THIS YEAR WAS A 3.3% OVER THE CURRENT FEE IS WHAT THE CPI INDEX CAME BACK WITH.

COUNSEL, ANY QUESTIONS? OKAY, WE WILL TAKE A MOTION ON THIS.

UH, I'D LIKE TO MAKE A MOTION TO CONSIDER THE PHYSICAL YEAR 2026, KEEPING SPORTS ANNUAL YOUR PHYSICAL MANAGER FEES FOR THE WELLNESS GOLF COURSE IN THE MOUNTAIN.

NOT TO SEE 1 22 5 20 SECOND.

DISCUSS AND CONSIDER THE PROPOSED GUARANTEED MAXIMUM PRICE OF $721,293 AND FIXED, UH, CMAR FEE OF $72,129 AND 30 CENTS.

WE HAVE A FIRST AND SECOND.

[00:35:02]

OKAY, ITEM NUMBER FOUR,

[4. Discuss and consider the proposed Guaranteed Maximum Price of $721,293 and fixed CMAR fee of $72,129.30 and authorize the City Manager to execute a contract with Construction Masters of Houston, LLC, in an amount not to exceed $793,422.30 for the Recreation Center Locker Room Renovation Project. - Robin Hyden ]

AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT WITH CONSTRUCTION MASTERS OF HOUSTON LLC IN AMOUNT NOT TO EXCEED $793,422 AND 30 CENTS FOR RECREATION CENTER LOCKER ROOM MOTIVATION PROJECTS.

SO THAT WAS A LOT I KNOW.

UM, AND I KNOW THAT WHEN WE HAD COME BACK, UM, SOMETHING THAT WE, WE STILL DO HAVE SOMEWHAT OF A CONTINGENCY IN OUR BUDGET.

SO WE HAD COME BACK IN FOR THE 150 BECAUSE THIS BUILDING IS THERMALS 30 YEARS OLD.

THERE ARE, UM, WE'RE, WE WANNA MAKE SURE WE'RE COVERED.

IF THERE ARE ITEMS THAT HAPPEN THAT WE COULDN'T SEE, OTHER THAN THAT, UM, IF IT'S NOT USED, THAT MONEY WOULD GO BACK INTO THE HAVE SINCE ALSO TAX FUND.

SO, UM, COUNSEL, ANY QUESTIONS ON THIS ITEM? NOT HEARING ANY.

WE'LL TAKE A MOTION.

I MAKE A MOTION TO APPROVE.

NUMBER FOUR.

REVIEWED A MOTION.

FIVE, APPROVE CHANGE ORDER NUMBER ONE AND THE AMOUNT OF $353,687 TO BE ADDED TO THE NEW MAXIMUM GUARANTEED PRICE OF $4,053,687 FOR THE ANIMAL CONTROL FACILITY WITH REBUILD TECHS AS A CONSTRUCTION MANAGER AT RISK WITH NO ADDITIONAL FEE TO BUILD THE FACILITY AND A CONTRACT EXTENSION FOR A 210 DAYS.

CAN YOU TELL COUNSEL, UH, WHAT IS THE TIMELINE? WE HAVE 130 DAYS FROM THE START, THEY GET THE NOTICE TO PROCEED.

WE'VE ALREADY BEEN WORKING WITH SHERRY AND EVERYONE TRYING TO GET ALL OF THE CONTRACTS TOGETHER.

UM, I HAVE STARTED NOTIFYING SOME OF OUR MEMBERS AND THINGS ABOUT THE LOCKERS AND DIFFERENT STUFF.

UM, THEY ALL WANT, I HAVEN'T WENT SO FAR AS TO ANNOUNCE THINGS 'CAUSE I WANTED TO WAIT UNTIL THINGS WERE APPROVED TONIGHT.

UM, BUT WE'RE HOPING TO START AS SOON AS POSSIBLE.

UM, I THINK THEY'VE BEEN PREPARED, THEY'VE ALREADY GOTTEN WITH, UM, PERMITS, THINGS LIKE THAT, YOU KNOW, STARTING WHAT THEY COULD BEFOREHAND JUST TO TRY TO GET THIS MOVING ALONG SO WE CAN START AS SOON AS POSSIBLE.

SO WE'RE HOPING TO BE OPEN BACK BY 1ST OF MARCH BEFORE SPRING BREAK.

ARE YOU EXPECTING ANY PUSHBACK FROM MEMBERS ON PAYING FOR SOMETHING AND NOT BEING ABLE TO USE YES AND NO.

BUT YOU KNOW, AS THAT GOES, YOU KNOW, WHEN YOU'RE THERE, UM, WE WILL, IF SOMEBODY COMES TO US AND THEY DON'T WANT TO COME, WE WOULD PUT THEIR MEMBERSHIP ON HOLD FOR THEM, BUT THAT MEANS THEY CANNOT USE THE FACILITY.

SO THERE'S OTHER AMENITIES IN THAT FACILITY THAT THEY CAN STILL USE.

WE HEAR THIS A LOT OF TIMES, BUT IF YOU'RE GONNA COME IN AND YOU STILL WANNA DO A FITNESS CLASS, UM, YOU KNOW, WE'RE TRYING TO DO WHAT WE CAN.

IT, IT'S JUST SOMETHING THAT NEEDS TO BE DONE AND I THINK THEY'RE ALL GONNA REALLY AGREE.

WE'LL HAVE ONE OR TWO THAT MAY BE A LITTLE UPSET STILL, BUT THEY'RE UPSET WHEN WE HAVE TO CLOSE FOR OTHER THINGS, YOU KNOW? YEAH.

BUT I THINK THEY'RE GONNA BE REALLY HAPPY FOR THAT.

WE ARE ACTUALLY TOO.

WE'RE PUTTING A, A SHOWER ON THE DECK.

IT'S NOT GREAT.

YOU CAN'T REALLY DO ANYTHING, BUT IF PEOPLE NEED TO RINSE OFF WHERE THEY GO TO WORK, THAT'S GONNA BE THE TOUGH ONE.

[5. Approve Change Order No. 1 in the amount of $353,687 to be added to the new Maximum Guaranteed price of $4,053,687 for the Animal Control Facility, with WeBuildTX as the Construction Manager at Risk, with no additional fee to build the facility and a contract extension of 210 days. – Modesto Mundo ]

UM, MAYOR COUNSEL, THIS IS, UH, OUR CHANGE ORDER ON THIS, UH, CONTRACT, UM, FOR MOST OF THE, MOST OF IT IS ADDED STILL, UH, TO BRING IT INTO WINDSTORM COMPLIANCE.

I THINK WE, UH, WERE ABLE TO SHOW AS MUCH AS WE COULD OUT OF THE, UH, THE TOUR ON, ON FRIDAY TO EXPLAIN THAT.

MM-HMM .

UM, OUTSIDE OF THAT, YOU KNOW, ONE OF THE OTHER, UH, BIG CHANGE CHANGES IS THE, UM, MOVING OF THE AC UNITS FROM THE ROOF, UH, ONTO THE GROUND THAT WOULD MAKE A STAFF MORE, YOU KNOW, COMFORTABLE AS WELL.

SO THAT'S KIND OF A SUMMATION I THINK.

UM, IN THE BACK, UH, UM, BEHIND THERE, IT SHOWS ALL THE ADDITIONAL CHANGES IN, YOU KNOW, IN DETAIL.

UM, WHAT STAFF IS RECOMMENDING.

AFTER WE VISITED, UM, TO FUND THE CHANGE ORDER, THERE'S A HUNDRED, ALMOST 181,000 IN INTEREST OUT OF THE BOND FUND THAT WE NEED TO SPEND.

THAT WOULD GO TOWARDS THE CHANGE ORDER, THE LIFT STATION AMOUNT, UM, THAT WE HAVE IN THE CIP, IT ACTUALLY GOT ROLLED INTO THE CONTRACT, AND SO IT'S PART OF THE CONTRACT WE WERE GOING TO AT ONE TIME.

WE, WE WERE EXPECTING TO DO IT ON ITS OWN, ON OUR OWN WITH ANOTHER CONTRACTOR, BUT IT ACTUALLY GOT PUT INTO THE BID, AND SO IT'S PART OF THE CONTRACT.

SO WE HAD THAT MONEY, YOU KNOW, AVAILABLE.

SO THOSE TWO FUNDS COMBINING.

AND THEN WHERE WE WOULD HAVE TO REALLY, UH, MOVE A PROJECT IS, UH, WE'D HAVE THE REMAINING AMOUNT, 98, APPROXIMATELY $98,000

[00:40:01]

TO COVER THE REMAINING BALANCE.

UM, MY RECOMMENDATION IS TO DEFER THE CEILING TILE REPLACEMENT IN THE MUSEUM ONE ONE YEAR.

UM, AND THEN MAYBE LOOK AT IT AGAIN MIDYEAR AND SEE IF THAT PROJECT MOVES IN BASED ON THE END OF THE YEAR.

UH, REVENUES USUALLY WE HAVE, YOU KNOW, PO A POSITIVE, UH, BALANCE.

UH, SO THAT COULD BE, UH, CONSIDERED, YOU KNOW, AGAIN IN MARCH OR APRIL, UH, UH, TO BRING THAT PROJECT, UH, FORWARD.

RIGHT NOW I RECOMMENDED, RATHER THAN DROP THE FUND BALANCE OUTSIDE THE CP IS DEFERRED.

THE SIGN TILE, UH, REPLACEMENT.

GUESS I HAVE A QUESTION.

UM, HERE YOU HAVE 210 DAYS LISTED.

UM, WE MET WITH RJ, HE SAID IT MAY BE DECEMBER, NOVEMBER WORST CASE MAY BE JANUARY, FEBRUARY.

SO WHERE DID TWO 10 AND WHAT DATE IS THAT GOING OFF OF? TWO 10 TAKES COUNCILMAN TO OCTOBER.

END OF NOVEMBER.

END OF NOVEMBER, YES.

TAKES IT TO THE END OF, YEAH.

IS THAT ENOUGH TIME? UM, TWO 10 IS BASED ON THE DAY THAT WE GOT, NO, THAT DOESN'T MAKE SENSE.

WE'RE WE'RE ALMOST TO OCTOBER NOW.

THAT'S NOT 200.

IT, IT'S BASED OFF THE DAY THAT WE GOT THE LETTER TO THE RESUME.

ON THE CONSTRUCTION AFTER WE HAD STOPPED THE PROJECT.

SO IT'S TWO 10 THAT DAY, BUT THEN WE AFTER THAT.

SO IT TALKED ABOUT, IT'S GONNA BE NOVEMBER-ISH DECEMBER.

SO IS THE TWO 10 THE CORRECT? NO.

THEN IF IT'S THE DECEMBER, IT WILL BE 2 40, 2 40 ONES.

SO IT NEEDS TO BE 2 41.

I MEAN, WE DON'T WANNA COME BACK.

IF NO AGREEABLE TO THIS, WOULD IT BE EASIER TO SAY 1231 BECAUSE DAYS, YEAH, COUNCIL CAN DO THAT END OF, END OF THIS YEAR, BUT SINCE THE CONTRACT HAS THE DAY'S PROVISION, THAT'S WHY WE ARE ASKING COUNSEL TO HEAD TO THE CONTRACT.

YOU COULD SAY 1231 AND THEN YOU, THEY CAN COUNT THE DAYS , HOPEFULLY.

COUNSEL, ARE THERE ANY FURTHER QUESTIONS OR COMMENTS ON THE ITEM? I'VE GOT ONE.

UH, WE DID GO AND TOUR THE ANIMAL CONTROL FACILITY THE OTHER DAY.

UM, THIS ENTIRE PROJECT IS NOT ONE THAT I WAS PARTICULARLY IN FAVOR OF AS A VOTER, BUT I WOULD JUST LIKE TO COMMEND WE REBUILD TEXAS ON THE JOB.

UM, AND MODESTO HAD POINTED OUT BECAUSE OF THE DELAY THAT WAS ON OUR END AND NOT YOURS, UM, A LOT OF CONTRACTORS WOULD'VE FLOODED OFF AND DONE SOMETHING ELSE.

YOU GUYS HAVE STUCK WITH THE JOB.

UM, YOU'VE BEEN VERY CONSCIENTIOUS ABOUT THE WORK AND GOOD CONSTRUCTION, UH, WHICH IS IS NOT SUPER COMMON UNFORTUNATELY.

UM, AND I JUST THINK THAT NEEDS TO BE RECOGNIZED THAT YOU GUYS HAVE DONE A GREAT JOB.

YOU REALLY HAVE IN THE CONSTRUCTION WORLD, KIND OF GONE ABOVE AND BEYOND, UM, AND DONE A GOOD JOB.

AND WE APPRECIATE THAT.

THE UPGRADES THEY PROVIDED US AT ELECTRIC CHARGE.

YEAH, YOU GUYS HAVE DONE A LOT OF EXTRA STUFF.

UM, YOU, THEY, THERE WAS PROBABLY A LOT OF OPPORTUNITY FOR YOU AS A COMPANY TO PROBABLY NICKLA, DIMUS, UH, YOU DIDN'T DO THAT.

YOU WERE MORE CONCERNED WITH GETTING A GOOD JOB, THE PRODUCT IN THE END.

UM, AND JUST THAT SPEAKS A LOT TO THE TYPE OF COMPANY THAT YOU ARE.

YEAH, I CONCUR AS WELL.

I BEING THE ARCHITECT, I CONCUR WITH THE, IT'S GONNA, I MEAN, NO TELEPHONE CALLS YOU HAVE LATE AT NIGHT, BUT IN THE MORNINGS, WEEKENDS AND YEAH, THEY'VE, THEY'VE BEEN ALL, AND AND THEY'VE PUT A LOT OF THEIR OWN MONEY INTO IT AS WELL.

'CAUSE THEY'RE PROUD OF THE PROJECT TOO, GONE OVER AND ABOVE.

SO YEAH, I COULDN'T GET ALONG WITH THAT.

SO I JUST THINK IT'S, IT'S NOT SUPER RARE.

IT'S NOT SUPER CO SUPER COMMON IN THE CONSTRUCTION WORLD TO HAVE A COMPANY STICK IT OUT AND GO REALLY JUST ABOVE AND BEYOND.

AND I JUST REALLY THINK THAT NEEDS TO BE RECOGNIZED, SO, EXCUSE ME.

ANY OTHER QUESTIONS OR COMMENTS? TAKE A MOTION.

DONE MORE STUFF IN THE FUTURE FOR US.

LET'S JUST DO CINDER BLOCK NEXT TIME.

UH, TAKE A MOTION.

I MAKE A MOTION APPROVE NUMBER FIVE AS WRITTEN WITH THE EXCEPTION OF EXTENDING IT TO 12 31 26.

OKAY, WE HAVE A MOTION.

A MOTION AND A SECOND.

A AYE.

THANK Y'ALL COMING TONIGHT.

AND CONSIDER REJECTING BIDS RECEIVED FOR THE PINE DITCH CULVERT CROSSING IMPROVEMENTS AT FOREST OAKS LANE IN NORTH DIXIE DRIVE UNDER THE GLO GRANT FUNDING.

ITEM NUMBER SIX, DISCUSS

[6. Discuss and consider rejecting bids received for the Pine Ditch Culvert Crossing Improvements at Forest Oaks Lane and N. Dixie Drive under GLO grant funding No. 24-0065-126-E984 due to non responsive bid packages from recipients. – Sal Aguirre]

NUMBER TWO FOUR DASH ZERO BACK.

GOOD TO ASK, UH, MR. AGUIRE, GLO EXPERT ? OH, NO, UH, UH, NOT THE GLO MAN.

UH, BUT IN THIS PARTICULAR CASE, UH, WE, UH, WE DID ACTUALLY HAVE SOME BID OPENINGS ON THIS PROJECT AFTER A LONG AWAITED TIMELINE, UH,

[00:45:01]

THAT STARTED BACK IN 2018.

UH, FINALLY GOT BID ON, UH, STARTED BA AS A, AS A STUDY ACTUALLY OF PROJECTS.

AND THIS PARTICULAR PROJECT WAS SELECTED OUT OF THAT PARTICULAR STUDY.

AND, UH, WE DIDN'T HAVE ANY, ANY PLANS ON PUTTING IT OUT FOR BIDS BECAUSE THERE WASN'T ANY MONEY THAT WAS ASSOCIATED WITH THAT ONE UNTIL THE GLO GOT INVOLVED.

AND, UH, THEY PROVIDED US WITH A CERTAIN AMOUNT OF MONEY, UH, THAT, UH, WAS THEN, UH, WAS THEN PROVIDED TO US THROUGH A GRANT APPLICATION.

UH, THAT, UH, WHEN WE HIRED, UH, LANGFORD AND ASSOCIATES TO DO THE APPLICATION PRO, UH, PART OF THAT ONE, FROM THAT TWO POINT, UH, 4 MILLION CAME, UH, 2.1 MILLION CAME AS THE GRANT.

UH, OF THAT ONE 150,000 WAS USED FOR THE, UH, WAS FOR THE ENVIRONMENTAL GRANT MANAGEMENT, UH, 260,000.

THAT WAS FOR ENGINEERING DESIGN SERVICES AND WHICH LEFT THE $1.7 MILLION FOR CONSTRUCTION, ACTUAL CONSTRUCTION.

UH, WE OPENED THE BIDS AND WE HAD A GOOD TURNOUT OR A GOOD RESPONSE FROM BIDDERS.

UH, WE HAD, UH, EIGHT BIDDERS THAT CAME BACK IN THERE.

THE ONLY PROBLEM WITH THAT WAS THE FACT THAT THEY CAME IN WITH, UH, WHAT WE CONSIDER NON-RESPONSIVE, NON-RESPONSIVE, BECAUSE THEY DIDN'T MEET WITH ALL THE REQUIREMENTS SET IN THE, UH, MANUAL, UH, FOR THAT, UH, FOR THAT PROJECT.

UH, BECAUSE IT IS A GLO UH, PROJECT AND BECAUSE IT'S A FEDERAL GRANT, WE HAVE EXPERIENCE IN THE PAST.

AND, UH, IF THOSE PROJECTS DON'T COME IN WITH ALL THE INFORMATION IN THERE, IT BECOMES A PROBLEM WITH THEM, UH, WITH THE GO AND THEREFORE, UH, WE, AT THAT PARTICULAR TIME, RECEIVED BIDS AND, UH, WE FELT LIKE THAT SINCE THEY WERE INCOMPLETE THE WAY IT'S SUPPOSED TO BE, WE DECIDED TO BE, UH, TO HER ON THE SIDE OF THERE.

SO, AND THIS PARTICULAR CASE, WE, WE DECIDED NOT TO ACCEPT THE BIDS THAT WERE, THAT CAME IN.

WE, UH, GOT, UH, APPROVAL FROM GLO TO REBID THE PROJECT AGAIN, WITH, UH, THE REQUIREMENT THAT, UH, WE MAKE THOSE POINTS THAT WERE MISSED ON ORIGINALLY THE, UH, FOCUS, UH, ON THEIR NEW BID, THAT THOSE GONNA HAVE TO BE PERFORMED, THOSE GONNA HAVE TO BE PROVIDED OR THEIR, UH, PROJECT REJECTED OR THEIR BID REJECTED.

SO IN THIS PARTICULAR CASE, THEY ACCEPTED THAT GLO DID THE, UH, ALSO WE HAD, UH, WE HAD APPROVAL FROM THE, OF COURSE THE, UH, ADMINISTRATOR AND THE ENGINEER ALSO IS NOW HELPING US TO MAKE SMALL REVISIONS TO THE, UH, TO THE SPECIFICATION OR THE MANUAL WHERE IT STATES THAT, UH, ALL THOSE, ALL THOSE, UH, DOCUMENTS THAT WERE MISSED AT THAT TIME.

UH, OF ALL THESE EIGHT PEOPLE THAT SUBMITTED BIDS, I THINK THE BEST ONE SUBMITTED ABOUT 50% OF THE DOCUMENTS.

DO THEY GET LIKE A CHECKLIST? YES.

AND THAT CHECKLIST NOW YOU SEE IT RIGHT THERE.

AND THAT IS THE CHECKLIST I WAS SUPPOSED TO HAVE DONE.

SO WHEN WE GO BACK OUT FOR REBID, DO YOU REACH BACK OUT TO THOSE EIGHT OR DO YOU JUST HAVE TO START THE WE OPEN IT UP AGAIN FOR EVERYONE.

IT'S FRESH SLATE, BASICALLY.

AND NOW WE HAVE A MANDATORY BILL AND THE PREVIOUS ONE WAS NOT MANDATORY.

NOW IT'S MANDATORY FOR THE BIDDERS TO ATTEND.

AND THAT ONE WE'LL MAKE THAT PRESENTATION SPECIFICALLY THAT THAT LIST THERE TO BE THE FOCUS POINT FOR THEM.

AND ARE THE EIGHT THAT BID, ARE THEY NOTIFIED AS WE NOTIFIED 'EM SEPARATELY? INDIVIDUAL.

YOU DIDN'T FINISH YOUR HOMEWORK? YES.

JUST CURIOUS HOW THE PROCESS WORKED.

EVERYONE, EVERYONE WAS, YOU KNOW, CALLED DIRECTLY.

AND SAID, THIS IS THE REASON WHY WE'RE GONNA HAVE TO GO BACK AGAIN.

SO HOW MUCH DOES THIS DELAY THE PROJECT? LIKE WHAT, HOW MUCH LONGER IT, UH, IT, IT DOESN'T, UH, THE, UH, THE GRANT ITSELF WENT, I THINK IT'S, UH, 18 MONTHS.

NO, I THINK IT WAS TWO YEARS THAT THEY, IT WAS ABOUT TWO YEARS AND THIS THING WOULD NOT AT ALL TAKE THAT IMPACT THAT PARTICULAR DAY.

I'D LIKE TO MAKE A MOTION TO CONSIDER REJECTING BIDS FOR RECEIVED FOR THE PINE DITCH CULVERT CROSSING IMPROVEMENT AT FOREST OAK LANE IN NORTH DIXIE DRIVE UNDER GLO GRANT FUNDING NUMBER TWO FOUR DASH 0 0 6 5 DASH 26 ECHO 9 8 4 DUE TO NONRESPONSIVE BID PACKAGES FROM RECIPIENTS.

AND THAT'S THE REASON WHY JL LAW ACCEPTED THAT THING BECAUSE THEY KNOW THAT IT'S GONNA BE DONE PRIOR TO THAT.

COUNSEL, ANY QUESTIONS? ALRIGHT, WE'LL TAKE A MOTION.

[00:50:01]

AND DO WE HAVE A SECOND? I ECHO.

SECOND .

WE HAVE AN ECHO CHAMBER.

NO ECHO.

NOW SECOND.

ALRIGHT, WE HAVE A FIRST AND A SECOND.

SEVEN, DISCUSS AND CONSIDER INCREASING BUILDING PERMIT FEES.

ANY OPPOSED? THANK YOU.

ALRIGHT, ITEM NUMBER

[7. Discuss and consider increasing building permit fees. – David Walton ]

MR. DAVID WALTON.

COME ON DOWN.

GOOD EVENING, MAYOR.

MEMBERS OF COUNCIL, WE'RE HERE TO DISCUSS, UH, A REASONABLE FEE INCREASE FOR BUILDING PERMITS AS, UH, WE HAVE NOT, UH, SUBSTANTIALLY LOOKED AT THE FEES SCHEDULE OR INCREASED FEES, UH, IN SOME TIME.

WE HAD A MINOR ADJUSTMENT BASED UPON LEGISLATIVE, UH, OVERSIGHT, OR, SORRY, LEGISLATIVE PREEMPTION IN 2019, WHICH, UH, KEPT US FROM USING VALUATION ON RESIDENTIAL PERMITS.

SO THE CITY OF LAKE JACKSON, ALONG WITH LOTS OF OTHER JURISDICTIONS, ADOPTED A PER SQUARE FOOTAGE FEE TO BE, UH, ASSESSED FOR RESIDENTIAL PERMITS, BUT WE DID NOT AT THAT TIME ADJUST COMMERCIAL, UM, PERMIT VALUATIONS.

WE HAD A MINOR ADJUSTMENT IN 2024, UH, THAT COVERED, UH, COMMERCIAL AND SOME MECHANICAL ELECTRICAL AND PLUMBING PERMITS.

HOWEVER, WE FIND THAT THE, UH, PERMIT FEE REVENUE THAT WE RECEIVE FROM PERMITS DOES NOT KEEP UP WITH THE, UH, COST THAT THE CITY SPENDS TO ADMINISTER THE DEPARTMENT WITH ONE FULL-TIME PLANS EXAMINER, A FULL-TIME INSPECTOR, A PERMIT SECRETARY, AND, UM, ADMINISTRATIVE COSTS IN ADDITION TO EQUIPMENT, UH, WE FIND THAT IT COSTS $356,000 PER YEAR TO ADMINISTER THE BUILDING DEPARTMENT, BUT WE'RE ONLY BRINGING IN ROUGHLY ABOUT 244,000.

SO WE ARE ASKING THE CITY COUNCIL TO LOOK AT A 20% ACROSS THE BOARD.

UH, INITIAL, UM, PERMIT FEE INCREASE, WHICH WOULD BRING IN ADDITIONAL, UH, 49 BASED UPON THE 2020 4 25, UH, PERMIT LOAD.

AND ADDITIONAL $49,000 COULD HAVE BEEN RAISED UNDERNEATH THIS, THIS FEE SCHEDULE.

AND UNDER THE, THE 25 AND 26, UH, FISCAL YEAR PERMITS, WE WOULD'VE SEEN ABOUT $50,000.

IN ADDITION TO WHAT WE'RE SEEING NOW, WE'RE NOT ASKING FOR AN INCREASE IN ON INSPECTION FEES OR AFTER HOURS INSPECTION FEES ONLY ON THE ACTUAL, UH, VALUATION BASED OR SQUARE FOOTAGE BASED, UH, BUILDING PERMIT.

SO EVEN WITH THIS INCREASE, WE'RE STILL RUNNING SOMEWHAT AT A DEFICIT OVERALL, THAT THAT IS CORRECT, BUT NOT AS MUCH, NOT AS MUCH NARROW THE GAP SUM.

WE ALSO FIND THAT THAT AS FAR AS COMMERCIAL PERMIT COMMERCIAL, UH, RATES ARE CONCERNED USING US AGAINST COMPARABLE CITIES.

WE'RE CURRENTLY AT ABOUT 68%.

THIS WOULD BRING US UP TO JUST OVER 80%.

UH, AND ON RESIDENTIAL WE'RE SITTING AT 50%, UH, COMPARED TO OUR SURROUNDING COMMUNITIES, THIS WOULD, AGAIN, TAKE US UP TO JUST OVER 80%.

AMY, WHAT IS THERE OTHER SOURCES OF REVENUE BESIDES PERMIT FEES FOR YOUR PRODUCT? UH, REINSPECTION FEES, BUT YOU KNOW, IN ALL HONESTY, WE TRY OUR BEST TO NOT HAVE TO GO OUT AND, AND REINSPECT THROUGH, UH, BASELINE INSPECTIONS, THE FIRST TIME EDUCATION.

AND, UM, UH, BUT THAT'S REALLY IT.

AS FAR AS THE BUILDING DEPARTMENT IS CONCERNED, IT IS SOLELY FUNDED BY BUILDING PERMIT FEES.

AND THE DIRECTION THE STATE IS TAKING IS TO MAKE SURE THAT THAT BUILDING DEPARTMENTS ARE BEING FUNDED BY THOSE FEES AND NOT BY THE GENERAL FUND.

WHAT IS THE ADVANTAGE OF US BEING LOWER THAN THE SURROUNDING AREAS? AN ADVANTAGE COULD BE THAT, THAT WE MIGHT ATTRACT SOME ADDITIONAL DEVELOPMENT IN OUR AREA, UH, BUT WE'RE NOT, UM, WE'RE, WE'RE, WE'RE SITTING ABOUT MIDLINE, BUT WE'RE ALSO SEPARATED FROM A LOT OF THE COMMUNITIES WITH WHICH WE HAD TO PULL, YOU KNOW, WE ARE NOT PEARL LAND, WE'RE NOT SUGAR LAND, WE'RE NOT LEAGUE CITY.

UH, WE'RE LAKE JACKSON.

WE ARE KIND OF THE CENTRAL HUB OF SOUTHERN BRAZORIA COUNTY.

AND SO PEOPLE WHO ARE GOING TO COME AND DEVELOP IN THIS AREA ARE GONNA COME AND DEVELOP IN THIS AREA REGARDLESS WHEN YOU COUPLE THOSE LOWER FEES WITH LOWER PROPERTY TAX RATES, THAT'S A DRIVER, I THINK, NEW BUSINESS .

COUNSEL, ANY FURTHER QUESTIONS? ALL RIGHT.

IF NOT, I WILL TAKE A MOTION.

DO WE NEED A MOTION ON THIS?

[00:55:01]

YES, PLEASE MAKE A MOTION TO APPROVE NUMBER SEVEN AS WRITTEN.

WE HAVE A MOTION.

ALL IN FAVOR? AYE.

ANY OPPOSED? ALL RIGHT.

MOTION CARRIES.

HOLD ON, I'M CHECKING THIS DOESN'T, WE MIGHT NEED TO BRING BACK AN ORDINANCE.

THIS WILL HAVE TO COME BACK IN AS AN ORDINANCE.

SO WE'LL DO THAT.

AND CONSIDER INCREASING HEALTH DEPARTMENT FEES.

NUMBER EIGHT, DISCUSS

[8. Discuss and consider increasing Health Department fees – David Walton ]

DAVID WALT MAYOR, MEMBERS OF COUNCIL, UH, THE HEALTH DEPARTMENT FEES ARE ANOTHER CLASSIC EXAMPLE OF WHERE OUR FEE SCHEDULE HAS NOT KEPT UP WITH, UH, CITIES AROUND US, NOR HAS IT KEPT UP WITH THE COST TO ADMINISTER THE DEPARTMENT.

UH, COUPLED WITH THAT, IN THE, UM, LEGISLATIVE SESSION THAT CONCLUDED IN 2025, WE FOUND THE STATE REMOVED A REVENUE SOURCE FROM US WITH FOOD TRUCKS.

THEY TOOK OVER ALL PERMITTING AND INSPECTIONS OF FOOD TRUCKS AND ARE CAPTURING THE REVENUE, UH, WHICH FURTHER REDUCED OUR, UM, OUR LICENSING FEES BY ABOUT $5,400.

UH, RIGHT NOW IT COSTS ABOUT $127,000 TO ADMINISTER THE, UH, RETAIL FOOD ESTABLISHMENT PERMITS AND INSPECTIONS.

AND WE'RE ONLY BRINGING IN ABOUT $45,000 ANNUALLY.

WHAT WE ARE PROPOSING TO DO IS BRING OUR FEE SCHEDULE IN LINE WITH THE STATES.

IT WOULD, UH, CLOSELY MIRROR WHAT THE STATE IS ADOPTED FOR THEMSELVES, AS WELL AS WHAT THE CITY OF PEARLAND IS CURRENTLY USING.

MEANING THAT IT'S A, A TRIED AND TESTED FEE SCHEDULE OUT THERE THAT IS BEING USED BY, AGAIN, WE'RE NOT PARA LAND, BUT, UH, WE NEEDED SOMETHING TO MODEL AFTER THAT WOULD, UH, HELP BRIDGE THAT GAP WITHOUT BEING AN OUTLIER ON THE ONE SIDE OR THE OTHER SIDE.

UM, WE HAVE CAN YOU GO DOWN TO THE, YEAH, RIGHT THERE.

AS YOU CAN SEE, THIS IS, UM, BASED UPON SMALL SIZE, MEDIUM SIZED, AND LARGE SIZE, UH, ESTABLISHMENTS.

THE STATE HAS GONE TO, WELL, WE HAD A, A, UH, DINING ROOM SIZED FEE SCHEDULE.

IF YOU'RE SMALL, YOU PAID A SMALL AMOUNT.

IF YOU'RE LARGE, YOU PAID A LARGE AMOUNT.

IT DIDN'T MATTER WHAT YOU'RE COOKING IN THE KITCHEN OR, OR THE, THE, UM, HOW LONG IT WAS GONNA TAKE TO DO THE INSPECTION.

IT WAS BASED UPON HOW MANY C TWO ACTUALLY, OR SORRY, HOW MANY SQUARE FOOTAGE YOU ACTUALLY OCCUPIED.

THE STATE HAS SAID, LOOK, BASED IT UPON RISK LEVEL, LOW RISK, MEDIUM RISK, HIGH RISK, HIGH RISK ARE THINGS THAT COOK TIME AND TEMPERATURE CONTROLLED FOODS, YOU KNOW, MEATS, SEAFOOD, UH, UM, WHERE LOW RISK IS PREPACKAGED DIRECT TO CONSUMER FOODS.

UH, SO AGAIN, HAVING SEEN THAT THE STATE PREEMPTED OUR ABILITY TO NOT ONLY LICENSE, BUT ALSO REGULATE AND INSPECT FOOD TRUCKS, UM, THAT WAS A FURTHER REDUCTION IN OUR, IN OUR REVENUES.

WE ARE PROPOSING THAT WE GO ALONG WITH THE STATE'S, UH, FEE SCHEDULE AS THEY HAVE ADOPTED FOR THEMSELVES, WHICH WOULD, UM, BRING IN ROUGHLY $102,000 VERSUS $45,000.

WE ARE ALSO PROPOSING, IN ADDITION TO THE FEE SCHEDULE, ESTABLISHING A REINSPECTION FEE FOR RESTAURANTS, UH, AS WELL AS APARTMENTS.

NOW, THE APARTMENTS MIGHT SEEM KIND OF ODD, THIS, BUT IF YOU TAKE A LOOK AT BOTH OF THESE TYPES OF, UM, UH, REGULATED, UH, FACILITIES THAT WE, THAT, THAT WE INSPECT ON A REGULAR BASIS, THEY BOTH HAVE A PRE-POPULATED LIST OF, OF ITEMS THAT THE INSPECTOR'S GOING TO GO INSPECT.

THEY KNOW EXACTLY BEFOREHAND WHAT THE EXPECTATION IS.

UH, WE HAVE FOUND THAT IN SOME CASES THEY CALL US BACK AFTER.

IN THE CASE OF RESTAURANTS, THEY CALL US BACK AFTER BEING CLOSED FOR A CRITICAL ITEM, AND THEY ARE ASKING US TO BASICALLY DO THEIR PUNCH LIST FOR THEM.

HAVE WE COMPLETED THE THINGS THAT MAKE, MAKE US MINIMUM? INSTEAD OF GOING THROUGH AND JUST MAKING THE CORRECTIONS, THEY WANT TO FIND OUT IF, IF THEY'LL PASS OUR MUSTER VERSUS MAKING SURE THAT THEY'RE SAFE TO OPERATE.

MR. WALTON, WHEN WOULD THESE GO INTO, WHEN WOULD THIS GO INTO EFFECT? THAT IS, IS COUNSEL IN BOTH OF THESE ITEMS? COUNSEL WOULD HAVE TO, UH, AND MY CONCERN HERE IS MAKING SURE THAT WE GIVE THE RESTAURANTS TIME TO PREPARE AND PLAN.

SO, MS. SETH, OUR, UH, RE RESTAURANT PERMITS GO THROUGH THE END OF MARCH, SORRY, END OF APRIL.

THE RENEWAL PERIOD ISN'T, ISN'T UNTIL MAY.

SO, SO IT WOULD GIVE THEM, NOT GIVE THAT TIME PERIOD.

LET'S LET THEM KNOW HERE'S WHAT THE NEW FEE SCHEDULE WOULD BE SO

[01:00:01]

THAT THEY HAVE TIME TO PREPARE.

THAT IS CORRECT.

WE WOULD NOT HALFWAY THROUGH A A LICENSE HERE, COME THROUGH AND, AND TRY AND MAKE ADJUSTMENTS.

ANY QUESTIONS FROM COUNSEL? ALL RIGHT.

IF NOT, I'LL TAKE A MOTION.

MAKE A MOTION TO ACCEPT NUMBER EIGHT AS WRITTEN.

AND WE HAVE A MOTION.

ANY OPPOSED? MOTION, CARRIE.

[9. Staff updates: ]

STAFF UPDATES.

UH, MAYOR.

COUNSEL, THE ONLY THING I HAD, I WAS GOING TO WELCOME BACK.

UH, MR. MIA, UM, HE'S RETURNED TO WORK, UH, BUT HIS SON HAS PICKED HIM UP AND TAKEN HIM.

HIS UBER HAS PICKED HIM UP AND TAKEN HIM, UH, UH, FOR THE, UH, FOR THE EVENING.

BUT, UH, WE'RE GLAD TO HAVE HIM, UH, BACK.

NO, THE ACTION ITEMS FROM TONIGHT, UH, WE HAVE SEVERAL ITEMS THAT WILL BE, UH, BACK THE AGENDA, UH, ORDINANCES FOR THE PERMIT FEES.

AND DO WE HAVE ANYTHING ELSE? DO WE HAVE ANYTHING ELSE ON THE ALCOHOL? UM, NO, SHE THE JURY.

NO, THAT'S IT HERE.

INSTRUCTION UPDATES.

WE WANNA KNOW ALL THE THINGS ABOUT ALL THE PLACES.

SO, JUST KIDDING.

START WITH MY FAVORITE APARTMENT COMPLEX, EXCEPT FOR THAT ONE.

YOU GOTTA CHANGED THAT.

OH, ALL RIGHT.

TODAY VERSUS, OR YOU, YOU GO TOMORROW VERSUS THE WAY IT WAS, YOU'LL SEE A DISTINCTIVE DIFFERENCE IN THERE.

UH, OF COURSE YOU GOT, UH, THE PROJECT UPDATES RIGHT THERE IN FRONT OF YOU, AND I CAN GO THROUGH EACH INDIVIDUAL ONE.

UH, THE FIRST ONE IS AN, UH, RELATIVELY EASY ONE.

IT'S, IT IS OUT FOR CLOSEOUT, UH, NEXT TIME.

UH, THAT'S ON THE, UH, HEAD WORKS, UH, ON THE LIFT STATION REPLACEMENT, UH, FORCE FORCE MAIN.

WE ARE, UH, WE WE'RE, WE'RE AT A, UH, AT A, THEY'RE STILL WORKING ON THE, ON THE SINKING OF THE, UH, SINKING OF THE, UH, WET WELL THERE.

UH, THE FORCE MAIN HAS NOT YET BEEN STARTED BECAUSE THEY ARE STILL WORKING ON TRYING TO DETERMINE THE, UH, THE CHANGE ORDER THAT THEY REQUESTED BECAUSE OF THE NEED TO DO THAT.

THAT HAS BEEN DISCUSSED THROUGH, UH, SEVERAL MEETINGS THERE.

WE HAVE AN, UH, MEETING NEXT, UH, THIS WEEK AGAIN, UH, SO THAT WE CAN THEN GET AN UPDATE ON WHERE THAT STANDS.

UH, THE, UH, PAYMENT, THE HT I CONSTRUCTION ON THE, UH, MOSS CHESTNUT AREA IS PROGRESSING WELL.

THEY START CUT.

WELL POUR CONCRETE, UH, ON, UH, A SECTION OF, UH, CHESTNUT TODAY.

THEY WILL BE CONTINUING ON, NOT TOMORROW, BECAUSE CONCRETE WAS NOT AVAILABLE, BUT WE WILL BE DONE ON, UH, WEDNESDAY AND THURSDAY.

UH, SO THAT, UH, WILL COMPLETE A PORTION OF, UH, OF THE, UH, OF THAT PARTICULAR STREET, OR AT LEAST HALF OF THAT PARTICULAR STREET, ALONG WITH HALF OF THE FIRST, UH, FIRST UH, BLOCK OF, UH, STERIA THAT THEY WILL ALSO START POURING THIS WEEK.

UH, THE, UH, WILLENBERG BOSTON SLEEPY HOLLOW SUBDIVISION, WE HAVE, THAT IS THE ONE THAT IS LAGGING TREMENDOUSLY.

UH, WE HAVE SET A, UH, WE HAVE SET A MEETING UP FOR THIS COMING WEEK ON FRIDAY WHERE WE'LL BE DISCUSSING THE, YOU KNOW, WHAT THE, UH, WHAT THE, UH, FUTURE, UH, STANDS FOR THIS PARTICULAR PROJECT.

THEY HAVE NOT DONE THE ASPHALT WORK AS IT'S SUPPOSED TO AS THEY ORIGINALLY, UH, PROMISED.

UH, GRAINS MAY HAVE A, UH, MAY HAVE BEEN AN EFFECT OF THAT PRIMARILY BECAUSE THEY, YOU KNOW, THEY CANNOT, UH, PLACE ANY OF THE ASPHALT, UH, OF THE ASPHALT DURING WANE OR WET CONDITIONS OF THE SUBGRADE.

BUT, UH, WE WILL BE DISCUSSING THAT ONE AND MAKING SOME DETERMINATION ON THIS PARTICULAR PROJECT.

ON THE ANIMAL CONTROL FACILITY.

YOU HEARD ABOUT IT, TODAY WAS A BIG DAY.

WE SAW A TREMENDOUS MOVEMENT OF CONTRACTORS INTO THE FACILITY.

SO, UH, THEY, UH, NOW THEY'VE TAKEN IT, YOU KNOW, SERIOUSLY TO TRY TO GET THIS THING OUT BY THE TIME THAT THEY, THAT THEY ARE ANTICIPATING.

SO, UH, IF YOU GO

[01:05:01]

SO, AND, UH, UNDER THE SANER REHAB, UH, I DUNNO, YOU CAN PROBABLY GIVE US A GOOD REPORT ON THAT ONE.

IF YOU REMEMBER, THIS WAS A UNIT PRICE CONTRACT AND WE, AFTER THIS IS, WAS ESTABLISHED, WE'VE ACTUALLY HAD THREE SANITARY SEWER COLLAPSES, 2 0 0 4 MARIGOLD IN ANY WAY.

UH, TO EXPEDITE THE REPAIRS, WE HAVE UTILIZED LUC AS THE CONTRACTOR TO GET THOSE DONE.

ALL THREE HAVE BEEN REPAIRED.

MAKE READY HAS BEEN DONE ON THE FIRST TWO ANYWAY.

WILL PROBABLY BE DONE THIS WEEK.

UH, LAST WEEK THEY ALSO MOBILIZED FOR SANITARY SEWER BASIN 18, WHICH IS THE GARLAND AREA DOWN THERE.

THEY HAVE STARTED WORK IN THERE, SO IT IS MOVING FORWARD AND WE'RE LOOKING FOR OUR NEXT PROJECT.

ONCE WE GET DONE WITH BASIN 18, WE'RE PROBABLY GONNA BE MOVING TO BASIN NUMBER FOUR, WHICH IS AN OLDER PART OF TOWN.

AND IT SOUNDS LIKE THE PROJECTS ARE LOOKING FOR YOU.

YES, THEY ARE AND THEY'RE FINDING ME VERY QUICKLY.

ALL AT THE SAME TIME? YES.

GO ON STATION 14, ENFORCEMENT REHAB.

UH, YEAH, LIFT STATION NUMBER 14.

UH, CITAS IS THE ENGINEER THAT IS IN CHARGE OF THAT.

THEY'RE CURRENTLY EVALUATING FORCE MAIN ROUTING AND PROPERTY LOCATIONS FOR, UH, THE PLACEMENT OF THE NEW LIFT STATION.

UH, SINCE WE DID REPAIR THAT COLLAPSED SEWER LINE ON 2 0 0 4, THE FLOWS GOING TO LIFT STATION NUMBER 14 DURING DRY WEATHER HAVE DROPPED BY ABOUT 30,000 GALLONS A DAY.

SO WE HAVE PUT THEM IN CONTRACT CONTACT WITH A FIRM THAT IS LOOKING AT THE I AND I GOING INTO THE BASIN TO SEE WHERE THAT FALLS OUT DURING THE SANITARY SEWER REHAB PROCESS.

UH, SO THEY WILL BE TAKING THAT INFORMATION INTO ACCOUNT FOR THE SIZING OF THE NEW LIFT STATION, MORE OR LESS THE GENERATORS.

THE GENERATORS, YES.

THE EMERGENCY GENERATOR GRANT THAT WE RECEIVED FROM TDE AS PART OF THE URI GRANT, UH, A YEAR PLUS AGO, UH, T DM, ONCE WE GOT THE, THE FINAL AUTHORIZATION AND WE WENT OUT TO BID FOR IT, WE HAD TO AMEND THE CONTRACT.

'CAUSE ORIGINALLY OUR GRANT APPLICATION WAS FOR FIVE GENERATORS.

IT INCLUDED THE CIVIC CENTER.

BUT SINCE CENTER POINT GAVE US THE GENERATORS AT THE CIVIC CENTER, WE HAVE TO ADJUST OUR AGREEMENT WITH TEM SLASH FEMA.

AND WHEN WE TURNED IN THE MOD MODIFIED APPLICATION, TEM GETS EIGHT WEEKS TO REVIEW IT BEFORE THEY HAVE TO RESPOND TO US.

AND ON THE LAST DAY THEY RESPONDED TO US AND FORWARDED IT TO FEMA.

AND BECAUSE IT IS OVER A MILLION DOLLARS, IT DID NOT GO TO DENTON, IT WENT STRAIGHT TO DC AND FEMA ALSO HAS EIGHT WEEKS TO LOOK AT IT, WHICH ENDS THIS WEEK.

WE HAVE RECEIVED AN RFI FROM ERNST AND YOUNG WHO IS T DEMS CONTRACTOR TO, UH, ENSURE COMPLIANCE WITH FEDERAL REGULATIONS.

WE'RE WORKING ON THAT INFORMATION RIGHT NOW AND JUST WAITING TO SEE WHAT KIND OF R FFIS WE GET OUT OF FEMA.

A NOTE FROM THE CONTRACTOR, WE DO HAVE THE AUTOMATIC TRANSFER SWITCHES IN-HOUSE AND ALL FOUR GENERATORS ARE READY TO SHIP.

SO WE WILL BE USING OUR CONSULTANT TO TRY AND PUT WHATEVER KIND OF PRESSURE WE CAN ON FEMA TO LET US GO TO WORK BECAUSE WE CANNOT PUT A SHOVEL IN THE GROUND UNTIL THEY SAY WE CAN.

UH, WE CAN ORDER STUFF, BUT WE CAN'T DO ANY PHYSICAL WORK.

IF WE DO, WE RISK THE GRANT AND TECHNICALLY WE'RE, I MEAN WE'RE ASKING FOR LESS MONEY.

AND, AND THAT'S WHAT, IT DOESN'T MAKE SENSE WHY IT'S TAKING SO LONG.

THE ORIGINAL APPLICATION WAS FOR WELL OVER 3.5 MILLION.

I DON'T KNOW THE EXACT NUMBER, UH, BUT WE'RE AT 1.8 MILLION NOW, PLUS SOME CONTINGENCY.

WE'RE A LITTLE BIT UNDER TWO.

UH, SO WHY A REDUCTION IN SCOPE AND A REDUCTION IN FUNDS? IT'S THOUGHT EVERYBODY WOULD BE HAPPY AND THIS WOULD GO MUCH QUICKER.

BUT MAYBE NEXT TIME WE'LL ASK FOR MORE MONEY.

ANYBODY HAVE ANY QUESTIONS FOR SAL OR ERIC? THANK YOU BOTH.

APPRECIATE IT.