CITY COUNCIL COMMENTS Pursuant to Texas Government Code Sec. 551.0415, a member of the governing body may make an announcement about items of community interest during a meeting of the governing body without given notice of the subject of the announcement. Items of Community Interests include: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedule; (3) an honorary or salutary recognition of public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition of the subdivision; (4) a reminder regarding social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and (5) announcements involving imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. 6.1. General Comments from City Council 6.2. City Council Liaison Reports
PUBLIC COMMENT Any citizen wishing to speak during public comment may do so after completing the required registration form. The purpose of this item is to allow the residents of Hutto and other interested persons an opportunity to address the City Council on agenda issues and on non-agenda issues that are a matter of the jurisdiction of the City Council (i.e., City policy or legislative issues). Non-agenda issues regarding daily operational or administrative matters should be first dealt with at the administrative level by calling City Hall at (512) 759-4839 during business hours. Each person providing public comment will be limited to 3 minutes. Any citizen wishing to speak during public comment may do so after completing the required registration form. Written comments for this meeting may also be sent to comments@huttotx.gov PRIOR to 4:00 pm on December 16, 2021. The email must include name, address, phone # and email to be recognized properly. Written comments will be provided to Council.
CONSENT AGENDA ITEMS 8.1. Consideration and possible action on Resolution No. R-2021-176 a Resolution accepting the infrastructure improvements for the subdivision known as Emory Crossing Phase 2. (Padma Patla) 8.2. Consideration and possible action on Resolution R-2021- 178 approving an amendment to the Hortenstine Family Trust Groundwater Lease. (Legal) 8.4. Consideration and possible action on Resolution No. R-2021-182 approving changes to the authorized representatives for the City's Texpool account(s).(Angie Rios) 8.5. Consideration and possible action on Resolution No. R-2021-183 designating the Chief Financial Officer and the Senior Accountant as investment officers for the city. (Angie Rios) 8.6. Consideration and possible action on acknowledging the assignment and assumption of the Development Agreement between the City of Hutto and Atlantic Urbana Acquisition Company, LLC dated August 5, 2021 to Atlantic Urbana II Cottonwood Creek LLC, in accordance with Section 11.03 of the Development Agreement. (Ashley Lumpkin)
Consideration and possible action on Resolution No. R-2021-179 a joint resolution of the City of Hutto, Texas, the Cottonwood Development Corporation, and the River Creek Development Corporation, approving a contingent fee engagement agreement with the Kassab Law Firm for representation in asserting claims of legal malpractice; making required findings; providing for an effective date. (George Hyde)
ORDINANCES Consideration and possible action on presentation on the Utility Rate Study and approval of Ordinance No. O-2021-074 prescribing certain fees for the City of Hutto, Texas, amending all applicable ordinances and other instruments; providing for a schedule of fees and charges. (Second Reading)(Angie Rios)
Consideration and possible action regarding the Certificate of Occupancy/Temporary Certificate of Occupancy process with a focus on the Hutto ISD facilities but not limited to only those for discussion. (MPT Rose)
Discussion and possible action on a request to the County Attorney to submit a request for an attorney general opinion on whether "salary" for purposes of article XVI, section 40, in the Texas Constitution is different from “compensation” in Hutto City Charter Section 3.04, Compensation. (Legal- D. Palumbo)
OTHER BUSINESS Consideration and possible action regarding possible appointments, re-appointments and/or removals to City Boards, Commissions, Task Forces, Economic Development Corporations, Local Government Corporations and Tax Increment Reinvestment Zone Boards, City Council Liaisons, Area Government appointments and Advisory Committees. (City Council)
Presentation of the City Financials for the Month of November as well as the Monthly Investment Report as Required by the Fiscal and Budgetary Policy. (Angie Rios)
9.5. Consideration and possible action directing staff relating to the Public Improvement District Benefit Fee, including but not limited to restrictions on the use and possible uses of the Public Improvement District Benefit Fee. (Angie Rios) 9.9. Consideration and possible action regarding the Durango development agreements as amended. (MPT Rose)
Consideration and possible action on Ordinance No. O-2021-077 an ordinance amending the budget for the fiscal year of October 1, 2021, through September 30, 2022, by appropriating and setting aside the necessary funds for additional expenditures in accordance with existing statutory requirements; finding municipal purposes; providing for a severability clause; and providing for an effective date. (First Reading)(Angie Rios)
RESOLUTIONS Consideration and possible action on Resolution No. R-2021-181 a license agreement with Cottonwood Farms Residential to allow for landscaping and irrigation improvements within the public rights-of-way within the development. (Ashley Lumpkin)
Consideration and possible action on Resolution No. R-2021-184 authorizing the Mayor to execute an Interlocal Agreement with Williamson County, Texas for a waterline relocation and appropriating funds. (Legal)
Consideration and possible action regarding investigation of complaint against Planning and Zoning Commission member. (MPT Rose)
12. EXECUTIVE SESSION The City Council for the City of Hutto reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above as authorized by the Texas Government Code Sections 551.071 (Litigation/Consultation with Attorney), 551.072 (Deliberations regarding real property), 551.073 (Deliberations regarding gifts and donations), 551.074 (Deliberations regarding personnel matters) or 551.076 (Deliberations regarding deployment/implementation of security personnel or devices) and 551.087 (Deliberations regarding Economic Development negotiations). 12.1. Receive legal advice pursuant to Texas Government Code Sec. 551.071 related to Pending Legal Requests, Potential Claims and City Council Legal Requests. 12.2. Receive legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect, Project Acropolysis. 12.3. Receive legal advice pursuant to Texas Government Code Section 551.071 relating to the creation of the Harvest Farms Municipal Utility District. 12.4. Receive legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect. 12.5. Receive legal advice pursuant to Texas Government Code relating to proposals for legal services submitted by law firms for legal services for water and wastewater facilities. 12.6. Receive legal advice pursuant to Texas Government Code Section 551.071 relating to pending EEOC claims of former Chief Paul Hall and former Detective Catherine Parker. 12.7. Receive legal advice pursuant to Texas Government Code Section 551.071 and Deliberate pursuant to Texas Government Code Section 551.074, Personnel Matters – Deliberation on the appointment of Interim City Manager and setting compensation. 13. ACTION RELATIVE TO EXECUTIVE SESSION 13.1. Consideration and possible action related to legal advice received pursuant to Texas Government Code Sec. 551.071 related to Pending Legal Requests, Potential Claims and City Council Legal Requests. 13.2. Consideration and possible action relating to legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect, Project Acropolysis. 13.3. Consideration and possible action pursuant to legal advice pursuant to Texas Government Code Section 551.071 relating to the creation of the Harvest Farms Municipal Utility District. 13.4. Consideration and possible action relating to legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect. 13.5. Consideration and possible action relating to the selection of a law firm for legal services for water and wastewater facilities. 13.6. Consideration and possible action relating to legal advice received pursuant to Texas Government Code Section 551.071 relating to pending EEOC claims of former Chief Paul Hall and former Detective Catherine Parker. 13.7. Discussion and possible action on the appointment of an Interim City Manager and authorizing the Mayor to execute an agreement for City Management Services. 14. ADJOURNMENT
Dec 16, 2021 City Council
CITY COUNCIL COMMENTS Pursuant to Texas Government Code Sec. 551.0415, a member of the governing body may make an announcement about items of community interest during a meeting of the governing body without given notice of the subject of the announcement. Items of Community Interests include: (1) expressions of thanks, congratulations, or condolence; (2) information regarding holiday schedule; (3) an honorary or salutary recognition of public official, public employee, or other citizen, except that a discussion regarding a change in the status of a person's public office or public employment is not an honorary or salutary recognition of the subdivision; (4) a reminder regarding social, ceremonial, or community event organized or sponsored by an entity other than the governing body that was attended or is scheduled to be attended by a member of the governing body or an official or employee of the political subdivision; and (5) announcements involving imminent threat to the public health and safety of people in the political subdivision that has arisen after the posting of the agenda. 6.1. General Comments from City Council 6.2. City Council Liaison Reports
PUBLIC COMMENT Any citizen wishing to speak during public comment may do so after completing the required registration form. The purpose of this item is to allow the residents of Hutto and other interested persons an opportunity to address the City Council on agenda issues and on non-agenda issues that are a matter of the jurisdiction of the City Council (i.e., City policy or legislative issues). Non-agenda issues regarding daily operational or administrative matters should be first dealt with at the administrative level by calling City Hall at (512) 759-4839 during business hours. Each person providing public comment will be limited to 3 minutes. Any citizen wishing to speak during public comment may do so after completing the required registration form. Written comments for this meeting may also be sent to comments@huttotx.gov PRIOR to 4:00 pm on December 16, 2021. The email must include name, address, phone # and email to be recognized properly. Written comments will be provided to Council.
CONSENT AGENDA ITEMS 8.1. Consideration and possible action on Resolution No. R-2021-176 a Resolution accepting the infrastructure improvements for the subdivision known as Emory Crossing Phase 2. (Padma Patla) 8.2. Consideration and possible action on Resolution R-2021- 178 approving an amendment to the Hortenstine Family Trust Groundwater Lease. (Legal) 8.4. Consideration and possible action on Resolution No. R-2021-182 approving changes to the authorized representatives for the City's Texpool account(s).(Angie Rios) 8.5. Consideration and possible action on Resolution No. R-2021-183 designating the Chief Financial Officer and the Senior Accountant as investment officers for the city. (Angie Rios) 8.6. Consideration and possible action on acknowledging the assignment and assumption of the Development Agreement between the City of Hutto and Atlantic Urbana Acquisition Company, LLC dated August 5, 2021 to Atlantic Urbana II Cottonwood Creek LLC, in accordance with Section 11.03 of the Development Agreement. (Ashley Lumpkin)
Consideration and possible action on Resolution No. R-2021-179 a joint resolution of the City of Hutto, Texas, the Cottonwood Development Corporation, and the River Creek Development Corporation, approving a contingent fee engagement agreement with the Kassab Law Firm for representation in asserting claims of legal malpractice; making required findings; providing for an effective date. (George Hyde)
ORDINANCES Consideration and possible action on presentation on the Utility Rate Study and approval of Ordinance No. O-2021-074 prescribing certain fees for the City of Hutto, Texas, amending all applicable ordinances and other instruments; providing for a schedule of fees and charges. (Second Reading)(Angie Rios)
Consideration and possible action regarding the Certificate of Occupancy/Temporary Certificate of Occupancy process with a focus on the Hutto ISD facilities but not limited to only those for discussion. (MPT Rose)
Discussion and possible action on a request to the County Attorney to submit a request for an attorney general opinion on whether "salary" for purposes of article XVI, section 40, in the Texas Constitution is different from “compensation” in Hutto City Charter Section 3.04, Compensation. (Legal- D. Palumbo)
OTHER BUSINESS Consideration and possible action regarding possible appointments, re-appointments and/or removals to City Boards, Commissions, Task Forces, Economic Development Corporations, Local Government Corporations and Tax Increment Reinvestment Zone Boards, City Council Liaisons, Area Government appointments and Advisory Committees. (City Council)
Presentation of the City Financials for the Month of November as well as the Monthly Investment Report as Required by the Fiscal and Budgetary Policy. (Angie Rios)
9.5. Consideration and possible action directing staff relating to the Public Improvement District Benefit Fee, including but not limited to restrictions on the use and possible uses of the Public Improvement District Benefit Fee. (Angie Rios) 9.9. Consideration and possible action regarding the Durango development agreements as amended. (MPT Rose)
Consideration and possible action on Ordinance No. O-2021-077 an ordinance amending the budget for the fiscal year of October 1, 2021, through September 30, 2022, by appropriating and setting aside the necessary funds for additional expenditures in accordance with existing statutory requirements; finding municipal purposes; providing for a severability clause; and providing for an effective date. (First Reading)(Angie Rios)
RESOLUTIONS Consideration and possible action on Resolution No. R-2021-181 a license agreement with Cottonwood Farms Residential to allow for landscaping and irrigation improvements within the public rights-of-way within the development. (Ashley Lumpkin)
Consideration and possible action on Resolution No. R-2021-184 authorizing the Mayor to execute an Interlocal Agreement with Williamson County, Texas for a waterline relocation and appropriating funds. (Legal)
Consideration and possible action regarding investigation of complaint against Planning and Zoning Commission member. (MPT Rose)
12. EXECUTIVE SESSION The City Council for the City of Hutto reserves the right to adjourn into executive session at any time during the course of this meeting to discuss any of the matters listed above as authorized by the Texas Government Code Sections 551.071 (Litigation/Consultation with Attorney), 551.072 (Deliberations regarding real property), 551.073 (Deliberations regarding gifts and donations), 551.074 (Deliberations regarding personnel matters) or 551.076 (Deliberations regarding deployment/implementation of security personnel or devices) and 551.087 (Deliberations regarding Economic Development negotiations). 12.1. Receive legal advice pursuant to Texas Government Code Sec. 551.071 related to Pending Legal Requests, Potential Claims and City Council Legal Requests. 12.2. Receive legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect, Project Acropolysis. 12.3. Receive legal advice pursuant to Texas Government Code Section 551.071 relating to the creation of the Harvest Farms Municipal Utility District. 12.4. Receive legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect. 12.5. Receive legal advice pursuant to Texas Government Code relating to proposals for legal services submitted by law firms for legal services for water and wastewater facilities. 12.6. Receive legal advice pursuant to Texas Government Code Section 551.071 relating to pending EEOC claims of former Chief Paul Hall and former Detective Catherine Parker. 12.7. Receive legal advice pursuant to Texas Government Code Section 551.071 and Deliberate pursuant to Texas Government Code Section 551.074, Personnel Matters – Deliberation on the appointment of Interim City Manager and setting compensation. 13. ACTION RELATIVE TO EXECUTIVE SESSION 13.1. Consideration and possible action related to legal advice received pursuant to Texas Government Code Sec. 551.071 related to Pending Legal Requests, Potential Claims and City Council Legal Requests. 13.2. Consideration and possible action relating to legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect, Project Acropolysis. 13.3. Consideration and possible action pursuant to legal advice pursuant to Texas Government Code Section 551.071 relating to the creation of the Harvest Farms Municipal Utility District. 13.4. Consideration and possible action relating to legal advice pursuant to Texas Government Code Section 551.071 and deliberation regarding economic development negotiations pursuant to Texas Government Code 551.087 to deliberate the offer of a financial or other incentive to a business prospect. 13.5. Consideration and possible action relating to the selection of a law firm for legal services for water and wastewater facilities. 13.6. Consideration and possible action relating to legal advice received pursuant to Texas Government Code Section 551.071 relating to pending EEOC claims of former Chief Paul Hall and former Detective Catherine Parker. 13.7. Discussion and possible action on the appointment of an Interim City Manager and authorizing the Mayor to execute an agreement for City Management Services. 14. ADJOURNMENT