Mar 23, 2023 City Council

[1. CALL SESSION TO ORDER]

[5.1. Women's History Month Proclamation]

[5.2. Take a Walk in the Park Day Proclamation]

[6. CITY MANAGER COMMENTS]

[7. PUBLIC COMMENT]

[8.1. Racial Profiling Report (Chief Jeff Yarbrough)]

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>> WHEN I SAY LAST YEAR FROM JANUARY 1

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ALSO I WANT TO POINT OUT ONE OF THE REQUIREMENTS THAT THEY ASK FOR RACE OR ETHNICITY AND YOU CAN SEE WHAT THE STATE REQUIRES OTHER CLASSIFICATIONAREAS THAT THEY HAVE IDENTIFIED .

ALSO THIS SLIDE HERE IS ONE OF THE REASONS I REALLY BELIEVE AND I WOULD LIKE TO MAKE SURE THAT YOU WILL SAY.

[INDISCERNIBLE] WOMEN'S MONTH. THIS IS ONE THAT WE ARE ASKED TO PROVIDE WE ARE ASKED TO BREAK DOWN THE FEMALE GENDER AND THE DEMOGRAPHICS IN THE MAIL DEMOGRAPHICS AND THIS IS ONE THAT IS VERY IMPORTANT. WHEN IT COMES TO RACIAL PROFILING ONE OF THE CONCERNS AND ONE OF THE ISSUES THAT LED TO THIS LAW BEING PASSED IN 2001 WAS AROUND THE COUNTRY PEOPLE FELT LIKE THEY WERE BEING PULLED OVER BECAUSE OF THEIR RACE AND THIS IS A DATA POINT THAT THE STATES ASKS ALL LAW ENFORCEMENT AGENCIES TO COMPILE.

DO YOU KNOW THE RACE PRIOR TO THE STAFF OF THE INDIVIDUAL OUT OF THE 7442 STOPS ONLY 48 INDIVIDUALS RIGHT GENTRIFIED AS THE RACE BEING KNOWN AND WHAT COULD THAT MEAN? IT COULD MEAN FOR EXAMPLE IF YOU ARE SITTING AT A STOP SIGN OR A RED LIGHT IF SOMEONE FEELS OUT FRONT OF YOU I'M GOING TO SEE THAT DRIVER THERE GOING PAST ME OR IF I'M MAKING A TRAFFIC STOP BASED UPON INFORMATION THAT OFFICERS HAVE RECEIVED REGARDING AN INDIVIDUAL THAT MAY HAVE BEEN INVOLVED IN AN INCIDENT WHERE THEY KNOW WHAT VEHICLE THEY ARE DRIVING THEY KNOW THE PERSON AND THERE IS NOT PRIOR KNOWLEDGE OF THE INDIVIDUAL SO A LOT OF THOSE CONSIDERATIONS GO INTO THAT FACTOR BUT A LARGE MAJORITY OF THE INDIVIDUALS THAT ARE STOPPED THE RACE IS NOT KNOWN PRIOR TO THE STOP.

ALSO ONE OF THE DATA PIECES THE POINTS ASSESS IF THERE WAS A VIOLATION OF THE LAW IF THERE WAS PRE-EXISTING KNOWLEDGE AND IF THERE WAS A VIOLATION OF THE LAW IF THERE WAS SPEEDING AND WE KNEW THAT THE INDIVIDUAL WAS THIS IDENTIFIES THAT IF THERE'S PRE-EXISTING KNOWLEDGE YOU KNOW THERE WAS A SITUATION THAT HAPPENED IN THE NEIGHBORHOOD THE PERSON LEFT IN A VEHICLE MATCHING THIS DESCRIPTION YOU HAVE A DESCRIPTION OF THE DRIVER THAT IS ONE THAT WOULD FALL THE CATEGORY OF PRE-EXISTING KNOWLEDGE. IF YOU NOTICE OVER 204 OF THOSE

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AND THIS BREAKS IT DOWN IF IT WAS A MOVING VIOLATION TRAFFIC VIOLATION OR A VEHICLE TRAFFIC VIOLATION.

WHAT'S THE DIFFERENCE? IF YOU HAVE SOME ON SPEEDINESS OF MOVING VIOLATION IF YOU HAVE SOMEONE DRIVING WITH AN EXPIRED REGISTRATION OR SOMEONE WHO HAS A FICTITIOUS LICENSE PLATE THOSE ARE VEHICLE TRAFFIC VIOLATIONS AND THAT'S THE DIFFERENCE BETWEEN THE TWO. WERE SEARCHES CONDUCTED DURING THE TRAFFIC STOP? THIS BREAKS DOWN THE NUMBER OF SEARCHES THAT ARE OFFICERS CONDUCTED DURING THE JANUARY 1 THROUGH DECEMBER 31 WINDOW OF TRACKING.AND OF THE 7000 442 TRAFFIC STOPS ARE ONLY 224 SEARCHES CONDUCTED IN CONJUNCTION TO A TRAFFIC STOP AND LOOK AT THOSE INCLUDE? IT COULD BE CONSENT TO SEARCH IT COULD BE CONTRABAND PROBABLE CAUSE INVENTORY SEARCH OR INCIDENT TO ARREST.AND OUT OF THOSE OF SEARCHES, WHAT IT'S ? WAS CONTRABAND DISCOVERED? YOU LOOK AT THIS LIST IT LAYS OUT THE DEMOGRAPHIC BREAKDOWN AND IT TELLS YOU THE TYPE OF CONTRABAND THAT WAS DISCOVERED WE HAD 152 DRUGS FOUND WE HAD WEAPONS FOUND ALCOHOL STOLEN PROPERTY AND PEOPLE MAY LOOK AT THAT AND SAY I SEE A TOTAL OF 188 136. SOMETIMES YOU MAY HAVE SOMEONE THAT HAS WEAPONS AND DRUGS THAT COUNTS AS ONE SO THAT'S WHY THOSE NUMBERS MAY NOT BE ONE-FOR-ONE.

WRITTEN WARNINGS VERSUS TRAFFIC CITATIONS.

THIS IS SOMETHING THAT YEARS AGO WOULD HAVE BEEN FROWNED UPON THERE ARE A LOT OF CITIES AND AGENCIES THAT SET QUOTAS AND SAID I WANT YOU TO GO MAKE 25 TRAFFIC STOPS AND WRITE 20 CITATIONS. AND THEN THEY SAID THAT'S ILLEGAL SO WE WENT YOU TO GO MAKE X NUMBER OF CONTACTS.

AND REVENUE IS BASED ON THE NUMBER OF CITATIONS.

IF YOU LOOK AT US AND WHAT WE DO IN THE CITY IS DIFFERENT.

WE'RE NOT ABOUT MAKING MONEY IT'S ABOUT GETTING PEOPLE TO UNDERSTAND VIOLATIONS TO KNOW THAT YOU CAN'T SPEED THROUGH A SCHOOL ZONE. IF SOMETHING IS PRETTY EGREGIOUS OUR THEORISTS EXTENUATING CIRCUMSTANCES YOU MAY END UP WITH A CITATION BUT YOU ARE GOING TO SAY I DIDN'T NEED THIS AND I DIDN'T WANT THIS BUT THAT OFFICER WAS NICE.

BECAUSE THE OFFICERS RECOGNIZE THE CALLING AND THE PROFESSION AND THE COMMUNITY THAT THEY SERVE AND WHEN YOU ARE DEALING WITH PEOPLE THAT YOU REALLY CARE ABOUT AND YOU DEAL WITH PEOPLE YOU COULD LOOK AT AS A FAMILY YOU ARE NOT GOING TO BE AS HARD ON THEM AS YOU WOULD ON OTHERS AND THAT'S WHAT YOU ARE SEEING OFFICERS GIVING WARNINGS BECAUSE THEY WANT PEOPLE TO UNDERSTAND THE VIOLATION AS OPPOSED TO THE TRAFFIC CITATION THERE ARE TIMES YOU WOULD SAY A WARNING HAS BEEN SUFFICIENT AND I GET IT I HAD THEM. SO WARNINGS AND ARRESTS VERSUS CITATIONS S WHEN YOU LOOK AT THIS NUMBER TELLS YOU SOME PEOPLE SAY WHY WOULD YOU WRITE A WARNING OR A CITATION IF YOU'RE GOING TO ARREST SOME SOMETIMES YOU MIGHT MAKE A TRAFFIC STOP THAT YOUR PROBABLE CAUSE BUT YOU MIGHT FIND CONTRABAND OR WEAPON OR MARIJUANA OR WHATEVER THE OUTCOME IS IT LEADS TO AN ARREST THAT WARNING OR CITATION USE YOUR PROBABLE CAUSE FOR MAKING THAT STOP IN THE FIRST PLACE THAT'S ONE OF THE REASONS WHY THIS DATE IS SIGNIFICANT.

ARRESTS VERSUS PENAL CODE ARRESTS VERSUS TRAFFIC LAW VIOLATIONS. WHAT IS THAT MEAN? IT MEANS THAT IF YOU MAKE A TRAFFIC STOP AND THAT INDIVIDUAL HAS MARIJUANA OR THAT INDIVIDUAL HAS SMITH OR FENTANYL, THAT'S A PENAL CODE VIOLATION SO THEY WILL BE ARRESTED ON THAT. WHAT'S THE TRAFFIC LAW VIOLATION? IF SOMEONE IS DRIVING 96 MILES AN HOUR DOWN 79 THROUGH TOWN YOU CAN GO TO JAIL FOR THAT THAT'S THE DIFFERENCE BETWEEN THE TWO.

CITY ORDINANCE ARREST AND OUTSTANDING WARRANTS WE HAVE MADE TRAFFIC STOPS WE RUN THE INFORMATION ON THE VEHICLE AND THE DRIVER AND MANY TIMES THAT THEY HAVE AN OUTSTANDING WARRANT THAT INFORMATION COMES BACK AND OFFICERS HAVE TO VERIFY THE WARRANT TO MAKE THE ARREST AND SOME PEOPLE MAY WONDER WHY WE HAVE THE CITY ORDINANCE ARREST.

IT'S A CLASS D MISDEMEANOR. THERE ARE SITUATIONS WHERE OFFICERS HAVE GONE OUT OVER THE YEARS WERE YOU MAY HAVE PEOPLE

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IT'S A CITY ORGANIST VIOLATION IF THEY STOP A VEHICLE DOING THAT THEY MAY WRITE A WARNING. IF THEY HAVE WRITTEN A WARNING OR CITATION AND THEY FIND A VEHICLE DOING THE SAME THING THE NEXT TIME YOU ARE PROBABLY GOING TO JAIL OR IF YOU HAVE SOMEONE WHO HAS A FICTITIOUS WEAPON AND THEY ARE POINTING IT AT PEOPLE AS THEY DRIVE DOWN THE STREET.

THE CITY ORGANIST VIOLATION YOU WILL PROBABLY NOT GET A WARNING FOR THAT AND LOOKING AT OUTSTANDING WARRANTS, ADDRESS THOSE EARLIER. THOSE OF THE DIFFERENCES.

AND DURING SEARCHES, SORRY DURING RACIAL PROFILING ONE OF THE THINGS THEY ASKED US TO TRACK PHYSICAL FORCE RESULTING IN BODILY INJURY IF YOU LOOK AT LAST YEAR THERE WAS ONE INCIDENT THAT PEOPLE MAY WONDER WHY THERE IS A PHYSICAL FORCE USED DURING THAT SITUATION AND THAT WAS A SHORT PURSUIT WHERE INDIVIDUAL WAS BELIEVED TO BE INTOXICATED AND HE GOT OUT OF THE VEHICLE AND RAN AND FOUGHT THE OFFICERS AND THE OUTCOME WAS HE ENDED UP GOING TO JAIL PHYSICAL FORCE WAS USED IN THAT SITUATION. AND I KNOW THAT SOME PEOPLE MIGHT WONDER IF YOU MAKE AN ARREST AND YOU USE WHEN YOU CONSIDER PHYSICAL FORCE BODILY INJURY IF IT CAUSES PAIN OR DISCOMFORT OR INJURY, OR IMPAIRMENT, IS THAT A USE OF FORCE? IT IS A USE OF FORCE IF THE RESTRAINT IS UNLAWFUL. IF I GO TO THE STORE DOWN THE STREET AND I GO IN AND I HANDCUFFED SOMEONE THAT'S UNLAWFUL BUT IF I PUT HANDCUFFS ON SOMEONE THAT IS ARRESTED FOR DWI OR AGGRAVATED ASSAULT THEY MIGHT SAY OUCH, THAT HURTS THAT'S NOT ASSAULT THAT RESTRAINT IS JUSTIFIED THAT'S ONE OF THE DIFFERENCES YOU WILL HEAR PEOPLE ASK WHAT'S THE DIFFERENCE BETWEEN THE TWO ? SO THE NUMBER OF COMPLAINTS ALL THAT LED ME TO THIS AND I WILL BACK UP IN A SECOND-PERIOD NUMBER OF COMPLAINTS FILED FOR POSSIBLE VIOLATIONS OF THE STATE OF TEXAS RACIAL PROFILING LAWS FOR THE TIME THAT WE TRACKED FROM JANUARY 1, 2022 THROUGH DECEMBER 31, 2022 THERE WERE ZERO COMPLAINTS FILED FOR RACIAL PROFILING AGAINST THE HUTTO POLICE DEPARTMENT AND BECAUSE OF THAT THE HUTTO POLICE DEPARTMENT IS IN FULL COMPLIANCE WITH TEXAS RACIAL PROFILING LAWS AND I TELL PEOPLE THIS ALL THE TIME ESPECIALLY OVER THE LAST FEW MONTHS WE WERE PREPARING THIS.

THERE IS NOT A CONCERTED EFFORT BY YOUR OFFICERS TO GO FOCUS AND SAY WE ARE GOING TO MAKE SURE WE ARE IN COMPLIANCE WITH THE TEXAS RACIAL PROFILING LAWS.

WE ARE IN COMPLIANCE BECAUSE OF THE CHARACTER OF OUR OFFICERS DEDICATION AND COMMITMENT THEY HAVE TO SERVE OUR COMMUNITY.

THEY CARE ABOUT WHAT THEY DO AND WHO THEY DO IT FOR AND THAT'S THE REASON, THE BYPRODUCT BECAUSE AT THE END OF THE DAY THE OFFICERS ARE PROUD TO BE HERE AND SERVE THIS COMMUNITY AND THIS IS A REFLECTION OF WHO THEY ARE.

AT THIS TIME I WILL ENTERTAIN ANY QUESTIONS.

>> THANK YOU CHIEF. QUESTIONS OR COMMENTS FROM COUNSEL?

>> WE HAVE HAD THIS REPORT A FEW YEARS IN A ROW I KNOW A COUPLE OF YEARS AGO THEY BROUGHT IN UNCONSCIOUS TRAINING TO ALL THE OFFICERS. THEY INVITED THE COUNCILMEMBERS TO ATTEND IT IS SEEM LIKE A GOOD INTRODUCTION TO THE TOPIC I ASKED LAST YEAR WAS THE NEXT STEP IN INCREASING THAT TRAINING BECAUSE I KNOW YOU GUYS ARE PUT INTO SITUATIONS YOU CAT ? YOU CAN'T STOP AND THINK WHAT IS MY BIAS YOU HAVE TO ACT AND YOU HAVE TO USE THE EDUCATION AND THE TRAINING THAT YOU HAVE AND I WANT TO MAKE SURE WE'RE GIVING YOU THE TOOLS TO HAVE THE BEST TRAINING AND YOU CAN GO OUT AND GET IT SO I AM ASKING YOU IS WHAT ELSE CAN WE DO TO STAY AHEAD OF THE SINO THINGS HAPPEN I KNOW YOU SEE THEM AND YOU HAVE COMMENTED ON SOME OF THE HORRIBLE THINGS THE CHARACTER OF OFFICERS HAS BEEN VERY GOOD OVERALL BUT EVEN HERE WE HAVE HAD OFFICERS WHO HAVE HAD AN ISSUE HERE AND THERE WHO WANT TO MINIMIZE THAT TO THE EXTENT WE CANNOT YOU AWARE OF ANYTHING THAT WE ARE NOT DOING ARE THERE ANY TRAININGS YOU ARE AWARE OF THAT YOU WOULD LIKE? I WANT YOU TO KEEP IN MIND AS YOU ARE DOING THE BUDGET.

ANY ISSUES THAT YOU SEE THE OPPORTUNITIES TO IMPROVE WHAT WE ARE DOING TODAY?

>> THERE ARE ALWAYS OPPORTUNITIES.

ALICE FEEL LIKE IF YOU ARE DOING SOMETHING GOOD THAT'S GOOD BUT IT'S NOT GREAT. SO WHAT DO WE DO TO MAKE THAT GREAT WHEN YOU LOOK AT THE STATE OF TEXAS WE HAVE TWO

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SO THEY CAN UNDERSTAND KIDS TODAY ARE TOTALLY DIFFERENT THAN KIDS YESTERDAY AND WE HAVE TO UNDERSTAND HOW TO HANDLE THE HOW TO MAKE SURE THAT WE ARE ABLE TO MEET THAT SO THOSE ARE TRAININGS THAT ARE AVAILABLE TO EVERY SINGLE OFFICER THAT COMES THROUGH THERE'S ALSO TRAINING THROUGH RICE UNIVERSITY AND MICHIGAN THAT ARE TRAININGS CALLED ORGANIZATIONAL LEADERSHIP AT THE END OF THE DAY OUR LEADERSHIP AND COMMAND STAFF IS ALIGNED OVER 70 EXPECTATIONS ON THAT TRICKLES DOWN TO OFFICERS THE BENEFICIARIES OF WHAT WE DO WILL BE OUR COMMUNITY AND WE ARE SAYING THINGS NOW WHICH IS GOOD ANY TRAINING OPPORTUNITIES THAT WE ARE AFFORDED WE WANT TO TAKE ADVANTAGE OF THAT AND SOMETHING ELSE THAT WE HAVE THAT'S VERY BENEFICIAL AS OUR DIVERSITY EQUITY AND COLLUSION AND WE ARE EXCITED ABOUT THE OPPORTUNITY TO PARTNER WITH THEM AND DO THINGS IN OUR COMMUNITY BECAUSE WE ARE A DIVERSE COMMUNITY YARD DIVERSE POPULATION AND IF WE GET A CHANCE TO UNDERSTAND THE DIFFERENCES AND APPRECIATE THOSE DIFFERENCES THE OUTCOMES ARE WHAT WE ARE SEEING NOW AND THEY ARE A FORCE MULTIPLIED.

>> THANK YOU VERY MUCH.

>> I AM JUST GOING TO THAT'S GOING TO SPARK SOMETHING FOR ME I AM GRATEFUL THAT COUNCILMAN THORTON ASKED THAT QUESTION AND YOU TALK ABOUT DIVERSITY, EQUITY AND INCLUSION AND HOW IMPORTANT THAT IS SO I THINK THAT'S MORE THAN FOR THE POLICE DEPARTMENT. WE CANNOT SIT HERE AND IGNORE WHAT HAS HAPPENED IN THE CITY OVER THE LAST WEEK OR SO EVERYONE HAS SEEN IN THE NEWS WHAT IS GOING ON AND WE HAVEN'T REALLY ADDRESSED IT OTHER THAN ISSUING SO STATEMENT THROUGH OUR ATTORNEYS AND WE DO HAVE A DIVERSITY EQUITY AND INCLUSION COMMISSION THAT HAS BEEN ESTABLISHED AND I WAS REREADING THE DUTIES THAT THEY HAVE BEEN THERE TO RENDER RECOMMENDATIONS UPON THE REQUEST OF CITY COUNCIL AND ONE IS TO DEVELOP RECOMMENDATIONS TO STRENGTHEN POLICIES AND PRACTICES AND PROGRAMS AND WE ARE UNDER UTILIZING THE COMMISSION I THINK THIS IS TRAINING THAT THE CITY COUNCIL STAFF NEEDS TO GO THROUGH I HAVE BEEN FORTUNATE TO PARTICIPATE IN THE LAST YEARS DIVERSITY GROUP THEY HAD I HAVE LEARNED A LOT AND MY OWN BLIND SPOTS AND THINGS THAT YOU DON'T THINK ABOUT AND SO I THINK IT MIGHT'VE EVERYTHING I THINK THIS IS SOMETHING THAT WE SHOULD LOOK AT AS THE COUNCIL TO PARTICIPATE IN THIS TRAINING TO GET MORE TRAINING TO HAVE US BE A PART OF THAT AND WE COULD NEVER RECEIVE TOO MUCH TRAINING IN THAT REGARD.

SO THANK YOU.

>> I THINK THAT WAS PUT ON AT A FUTURE AGENDA ITEM AND

>> I BELIEVE IT WAS ? MAYBE I AM SAYING HIS NAME INCORRECTLY AND THEY HAD FUNDED THEM TO DO THAT TRAINING AND I HAD ASKED FOR THAT LAST MEETING OR BEFORE THAT TO COME BACK TO COUNSEL TO HAVE THAT. WE WILL SEE THAT COMING BACK SOON AND I AM NOT SURE I AM RACIALLY PROFILING ABOUT THIS MORNING YOU HAD AN EVENT. COFFEE WITH COPS.

THAT WAS OPEN TO THE PUBLIC. HOW WOULD YOU SAY THAT WAS FOR THE POLICE OFFICERS AND THE PUBLIC.

DID YOU HAVE A GOOD SHOWING?

>> WE DID. AND THE OPPORTUNITY FOR PEOPLE TO GET A CHANCE TO SEE WHO WE ARE OR GET A CHANCE TO TALK TO THE OFFICERS SITTING BACK AND WATCHING THEM I CAN'T HELP BUT SMILE BECAUSE PEOPLE ARE GETTING A CHANCE TO SEE THEM BEYOND THE BADGE AND SEE PEOPLE COME IN AND OUT GOING STRAIGHT TO CERTAIN OFFICERS AND SAYING THERE ARE RELATIONSHIPS THAT

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LET THEM THINK I AM NA?VE. I KNOW REAL FROM MEMOREX AND WHAT WE HAVE HERE IS REAL.

>> THANK YOU.

>> A COUPLE OF THINGS. YOU BROUGHT IT UP AND IT REMINDED ME OF A PHRASE. I HAVE LEARNED THE ENEMY OF GREAT IS GOOD SO IN TERMS OF WHAT IS GOOD TODAY ISN'T GOING TO BE GOOD TOMORROW AND ALSO EVERYTHING I THINK WE HAVE HEARD ALL STARTS WITH LEADERSHIP AND IS ONE OF THE BIGGEST CHANGES I'VE SEEN WITH THE MORALE OF THE OFFICERS EVERYTHING AND HAPPY COPS ARE HAPPY EMPLOYEES AND HAPPY EMPLOYEES THAT LOVE DOING THEIR JOBS I WOULD ASSUME REACT DIFFERENTLY TO STRESSFUL SITUATIONS.

I WOULD LIKE TO KNOW SOMETHING I TRIED TO GET DONE IN THE PREVIOUS ADMINISTRATION IF WE CAN GET CITY MANAGER LIKE QUARTERLY UPDATES NOT NECESSARILY FOR ANYTHING IN PARTICULAR BUT HOW ARE THINGS GOING ARE WE SEEING CRIME HOW ARE THE POLICE OFFICERS BECAUSE PUBLIC SAFETY IS ONE OF THE BIGGEST THINGS AND IS ONE OF THE MOST EXPENSIVE THINGS BUT I ALWAYS TRY TO GET THE CHIEF TO GET OUT THERE AND PUBLICLY SEE US AND YOU DO A VERY GOOD JOB OF DOING YOUR THING IF YOU CAN GO BACK ON THE SLIDES TO I THINK A SLIDE NUMBER TWO AND WHY YOU ARE DOING THAT I WANT TO THANK YOU FOR SHARING HOW YOU POLICE BECAUSE THAT'S ANOTHER THING I TRIED TO PUSH A COUPLE OF YEARS AGO JUST SAYING NUMBERS DOESN'T HELP PEOPLE IN THE PUBLIC SO I WOULD TALK TO PEOPLE SAYING THE BLACK AND BROWN COMMUNITY SO THEY WERE NERVOUS AND WE HAD BACK WHEN THE GEORGE FLOYD RIOTS WERE GOING THERE WAS A CONCERN WHAT HAPPENS IF MY SON OR DAUGHTER GETS PULLED OVER AND IT WAS TRYING TO GET THE CHIEF TO COME OUT TALK ABOUT THAT HOW WOULD YOU BUSINESS IN I SAID I DON'T THINK SOMETHING THAT WILL EVER HAPPEN WITH HUTTO BUT THE DAY THAT IT DOES HAPPEN EVERYONE WILL SAY HOLD ON A MINUTE. WE KNOW CHIEF YARBOROUGH AND HIS PEOPLE AND LET'S WAIT A SECOND AND I THINK YOU SAW SOME OF THAT WITH THE REST OF THE SCHOOL NOT TOO LONG AGO PEOPLE STARTED GETTING EXCITED. LET'S TALK LET'S LISTEN TO WHAT'S GOING ON. SO I THINK A FEW MORE AND MAYBE IT WAS LIKE FOUR. SO ONE OF THE THINGS I ASKED PREVIOUSLY WAS THAT JUST OUTSIDE LOOKING IN THIS LOOKS LIKE WHITE PEOPLE ARE STOPPED 4000 TIMES AND HISPANIC PEOPLE 2000 TIME AND BLACK PEOPLE 1200 AND SO ON AND OUTSIDE LOOKING IN AND LOOKS GREAT BUT WHAT WE DON'T NOW AS A PERCENTAGE OUT OF THE 7400 STOPS IF MY MATH IS RIGHT 16.7 WERE BLACK HOW DOES THAT COMPARE? THAT SOUNDS GOOD BUT IF THE BLACK POPULATION IS 12 PERCENT THEN IT MAY MAKE US THINK POTENTIALLY WE ARE STOPPING MORE WIRY DOING THAT? I HAVE BEEN WANTING TO HAVE A YEAR-OVER-YEAR DEAL BECAUSE IT COULD BE A ONE YEAR SNAPSHOT OR FOR WHATEVER REASON WHY IS THAT OVER FOUR OR FIVE YEARS AND THESE ARE OUT OF WHACK SO I DON'T KNOW HOW TO DO THAT BECAUSE WHAT I'M HOPING FOR IS THAT THESE REPORTS ARE READILY AVAILABLE AND THEY ARE ALMOST SHOWCASED IF WE ARE DOING A GOOD JOB WE HAVE YEAR AFTER YEAR COMPARISONS AND IF WE ARE DOING BAD WE CAN SHOWCASE THAT SAY HERE IS WHAT WE ARE DOING TO FIX THIS WE ARE DOING MORE TRAINING SO I BRING THAT UP AS AN EXAMPLE WHERE THE NUMBERS LOOK GOOD OUTSIDE IT BUT SOME PEOPLE LIKE TO BREAK DOWN THE DATA IF THERE IS ONE FAMILY THAT IDENTIFIES AS ALASKA'S NATIVE AMERICAN AND THEY GOT STOPPED 81 TIMES THAT'S PROBABLY EXCESSIVE BUT THERE COULD BE 2000 FAMILIES AND IT COULD BE A SMALL PERCENTAGE SO SOMETHING LIKE THAT BUT IT WOULD BE EVEN BETTER JUST TO BE SHARED.

>> IT WAS SENT FEBRUARY 27.

>> WELL IF WE COULD GET IT PUBLISHED TO THE POLICE WEBSITE SO EVERYONE CAN SEE IT.

>> I REMEMBER THAT QUESTION AND I BELIEVE THE RESPONSE WAS THAT A LOT OF TIMES THE STOPS AREN'T NECESSARILY HUTTO CITIZENS OF THESE CAPTURE ALL CITIZENS TRAVELING TO AND FROM HUTTO AS A THOROUGHFARE AND NOT NECESSARILY LOOKING AT THE POPULATION OF 2000 ALASKA'S NATIVE AMERICAN 81 STOPS BUT

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>> YOU ARE CORRECT IN THE REASON I WOULD LIKE THIS TO BREAK DOWN IF SAMSUNG OPENS UP AND THEY HAVE A HIGHER PERCENTAGE OF ASIAN EMPLOYEES AND ALL OF A SUDDEN ASIA PACIFIC ISLAND SHOOTS WAY UP WE MAY BE TARGETING THEM AS THEY COME THROUGH HUTTO AND LOOK BACK AND SAY WE ARE NOT TARGETING OUR PEOPLE SO ONE THING THAT HAS CAUGHT US INTO THE BLIND SPOT MENTALITY IS THAT WE DON'T ASK THE QUESTIONS WE JUST LOOK AT IT AND YOU NEED TO PUT SOME ASTERISKS AND SAY THIS INCLUDES PEOPLE OUTSIDE OF OUR CITY BECAUSE THAT'S A VALID POINT BUT ALSO HAVING GROWN UP IN MISSOURI ONE OF THE ISSUES WITH FERGUSON AND SAINT AND AND THOSE CITIES A LOT OF IT WAS PEOPLE PASSING THROUGH I 70 SO EVERYBODY KNEW IF IT WAS 55 E.G. 50 BECAUSE THEY WERE GOING TO STOP YOU AND THEY WEREN'T STOPPING PEOPLE FROM SAINT AND THEY WERE STOPPING PEOPLE COMING THROUGH A THAT'S IMPORTANT METHOD ANYTHING'S WRONG WITH THAT WE LOOK AT IT BECAUSE IF YOU ARE LOOKING AT IT SHARING IT WITH PEOPLE I THINK PEOPLE ARE MORE ACCEPTING IF YOU ARE NOT ALL OF A SUDDEN I DON'T THINK IT WOULD HURT I AGREE WITH YOU IT'S NOT NECESSARILY FROM OUR AREA.

>> IT'S ON THE 24TH >> AND I AGREE COMPLETELY AND THAT'S A QUESTION THAT I HAVE ANSWERED FOR YEARS AND OTHER POLICE CHIEFS HAVE ANSWERED WHEN IT COMES TO RACIAL PROFILING THAT DISPARITY IF YOU HAVE 10 PERCENT OF YOUR POPULATION PART OF ONE RACE WHY DO YOU HAVE AND WHEN YOU LOOK AT THE DATA THEY ARE CODIFYING INFORMATION RELATED TO THOSE WHO RELY ? RESIDE INSIDE THAT CITY AND WHEN YOU LOOK AT THE AMOUNT OF VEHICLES THAT COME TO THE CITY EVERY DAY YOU CAN'T PREDICT AND YOU CERTAINLY CAN'T POST BECAUSE YOU HAVE DELIVERY DRIVERS GETTING PULLED OVER AND THAT'S ONE OF THOSE NUMBERS THEY ARE TOTALLY DIFFERENT. IT'S LIKE LOOKING AT WHO LIVES THERE VERSUS WHO DRIVE THROUGH THERE AND IT'S GOING TO BE TOTALLY DIFFERENT BUT WHAT YOU ARE SAYING IS UNDER PERCENT CORRECT IT'S VERY IMPORTANT FOR PEOPLE TO KNOW WHAT WE ARE DOING A SEE WHAT WE ARE DOING BECAUSE WE ARE PROUD OF WHAT WE ARE DOING AND EVERY OPPORTUNITY WE HAVE TO SHOW THEM WHERE THE ART WILL MAKE YOU IN THE CITY AND THE COMMUNITY PROUD AND ONE OF THE THINGS THAT THEY SAID IS WE WANT TO MAKE SURE WE STRENGTHEN THAT PARTNERSHIP WITH THE HUTTO POLICE DEPARTMENT SO IF ANYTHING HAPPENS SHOULDER TO SHOULDER WE KNOW WHO WE ARE AND WE KNOW HOW YOU TRAIN AND HOW YOU FEEL AND WHAT THE CITY MEANS THAT YOU CAN BE THERE AS WELL SIDE-BY-SIDE LETTING PEOPLE KNOW AND REMINDING THEM OF WHAT WE ARE DOING AND IF WE DO SOMETHING WRONG WE ARE GOING TO CALL YOU OUT WE WILL CALL OURSELVES OUT BECAUSE IT ONE OF THE THINGS PEOPLE DON'T UNDERSTAND ABOUT POLICE IN THIS COMMUNITY IF WE DON'T THINK YOU ARE DOING THE RIGHT THING WE ARE GOING TO MAKE SURE WE DO WHATEVER IT TAKES TO MAKE SURE YOU'RE DOING THE RIGHT THING BECAUSE IT'S IMPORTANT TO MAKE SURE IF YOU'RE GOING TO DO THAT IN THE COMMUNITY YOU ARE SERVING THIS COMMUNITY WITH DIGNITY AND RESPECT AND THE

[8.2. Traffic Signals on US 79 (Matt Rector and TxDOT Representative)]

>> NEXT ITEM TRAFFIC SIGNALS ON US 79.

>> GOOD EVENING MAYOR AND COUNCIL I AM MATT RECTOR YOUR CITY ENGINEER THEY HAVE A LOT OF QUESTIONS TALKING ABOUT TRAFFIC. I DON'T KNOW WHY BUT WE THOUGHT IT WOULD BE A GOOD IDEA TO BRING THE REPRESENTATIVES AND TO EXPLAIN THE PROCESS THEY GO THROUGH WITH OUR SIGNALS ON 79 SO I KNOW IT SAYS ? FIRST BUT I WILL ASK BRENDA TO COME UP

FIRST AND INTRODUCE HER TEAM. >> GOOD EVENING THANK YOU FOR INVITING US I'M HAPPY TO BE HERE MY NAME IS BRENDA AND I IN

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I WILL HAND IT OVER. THANK YOU.

>> GOOD EVENING MAYOR AND CITY COUNCIL MEMBERS AND CITY MANAGER I AM A TRAFFIC ENGINEER AND A CONSULTANT FOR TX-DOT THE SIGNAL TIMING PROJECTS AND DESIGN WORK AND OTHER TYPES OF SUPPORT TRAINING FOR TX-DOT STATEWIDE AND I WAS ASKED THIS EVENING TO COME SO THE PROCESS FOR SIGNAL TIMING AND SOMETIMES I GET A LITTLE NERDY AND GET TO D BUT I HOPE TO GIVE YOU AN OVERVIEW AND UNDERSTANDING OF THE ENTIRE PROCESS AND THE FIRST THING IS YOU HAVE TO HAVE GOOD INFORMATION LEADS TO GOOD RESULTS SO DATA COLLECTION IS A GOOD THING ? TELLS US HOW THE TRAFFIC SIGNAL IS BEING USED THIS GIVES US AN IDEA OF EXACTLY WHEN THINGS ARE HAPPENING WHEN WE SHOULD RUN CERTAIN PLANS OR FAVOR CERTAIN DIRECTIONS AND ALL OF THE DATA THAT WE COLLECT GOES INTO MODELING SO WE HAVE MODELING SOFTWARE THAT TAKES THE GEOMETRICS OF THE ROADWAY THE NUMBER OF LANES HOW THEY ARE BEING USED THE SPEED BETWEEN INTERSECTIONS PUTS IT IN THERE AND THEN GENERATE SIGNAL TIMING FOR US AND GIVES US AN ANALYSIS OF WHAT'S HAPPENING THE FINAL STEP IS SOMETHING THAT CAN'T BE AVOIDED SELLING WE DO SIGNAL TIMING YOU WILL SEE ME OUT ON 79, WHO IS A STRANGE GUY WITH A YELLOW VEST AND WHAT'S INSIDE THE CABINET?HAT'S US AND THAT'S HOW WE DO OUR JOB. PART OF THAT IS WE DO HAVE REMOTE COMMUNICATIONS AND THERE IS SOMETHING ABOUT SEEING THE EXTENT OF CONGESTION THAT HELPS YOU MAKE BETTER DECISIONS SO WE DON'T TAKE THAT FOR GRANTED. THE MODEL OUTPUTS GIVES US A LOT OF INFORMATION SOME OF THE MOST CRITICAL THINGS AND ALLOWS

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EQUITY IN THE SIGNAL TIMING LEADS TO BETTER COMMUNICATION WITH OUR CITIZENS AND WE DON'T WANT THE PHONE RINGING IN OUR OFFICES SO THAT THE ULTIMATE MEASURE IF WE ARE DOING A GOOD JOB THEY ARE NOT MANY COMPLAINTS SO WE TRY TO DO THOSE THINGS THAT KEEP COMPLAINTS DOWN AND WE DO SOME

THINGS >>

>> SO TARGET IS WE WOULD LIKE A.7.

>> THAT YOUR SWEET SPOT.

>> IT WOULD BE HAPPY YOU HAVE TO MAKE IT THROUGH AND SO THIS IS WHEN SOMETHING AS SIMPLE AS A DISTRACTED DRIVER DOESN'T TAKE OFF CREATES A SITUATION BEHIND US AND THE TRAFFIC STARTS TO BUILD SO YOU ARE ON THE VERGE OF BREAKING DOWN SO THAT'S HOW THAT IS MEASURED. SO MEASURING THE PERFORMANCE THE PRIMARY THING THAT TRAFFIC ENGINEERS USE IS DELAY.

DELAYS MEASURE ON SEVERAL DIFFERENT WAYS WE LOOK AT HOW ONE INDIVIDUAL HAD TO WAIT IF YOU HAD TO WAIT MORE THAN A CYCLE YOUR DELAY GOES UP AND PERFORMANCE MEASURES GO DOWN AND WE LOOK AT NOT JUST ONE APPROACH OF ONE VEHICLE BUT ENTIRE INTERSECTIONS WHAT IS THE ENTIRE INTERSECTION DELAY THAT'S PRIMARILY THAT BALANCES OUT ALL THE APPROACHES TOGETHER AND YOU'RE GOING TO FAVOR THE HEAVY MOVEMENTS BECAUSE THAT'S GOING TO HELP THE OVERALL DELAY AS LONG AS YOU GET EVERYONE THROUGH ON THE THIRD CYCLE THAT'S AN ACCEPTABLE PERFORMANCE ENGINE NETWORK DELAY MORE THAN ONE INTERSECTION FIVE INTERSECTIONS ALONG THE CORE DOOR SO THIS IS A MAP IT LOOKS LIKE GOOGLE MAPS ONE OF THE TOOLS THAT WE USE WE USE GOOGLE MAPS THAT HAS A MEMORY SO WE CAN GO BACK AND I CAN SHOW YOU SOME DATA THAT LOOKS AT HOW THE PERFORMANCE WAS IN 2020 VERSUS TODAY BECAUSE OUR GOOGLE MAPS HAVE A MEMORY WE CAN GO BACK 10 YEARS AND SEE HOW THE PERFORMANCE HAS CHANGED OVER TIME WE WILL DIVE INTO THAT A LITTLE BIT.

ONE OF THE BIGGEST THINGS THAT PEOPLE MEASURE HOW WELL A SYSTEM PERFORMS AS TRAVEL TIMES AND NOT ONLY TRAVEL TIMES BUT RELIABILITY IS AS IMPORTANT AS HOW LONG IT TAKES YOU.

IF YOU KNOW IT ALWAYS TAKES YOU 20 MINUTES EVEN THOUGH YOU MAKE IT IN 10 IDEALLY WE COULD ALMOST MAKE IT IN 20 THAT'S A RELIABLE TRAVEL TIME IF SOMETIMES YOU MAKE IT IN 10 AND SOMETIMES YOU MAKE IT IN 40, THAT'S BAD BECAUSE PEOPLE HAVE NO ABILITY TO PLAN AHEAD TO LEAVE AND GET TO PLACES ON TIME. SCHOOL, WORK, NOT FORGIVING FOR NOT HAVING PREDICTABLE TRAVEL TIMES AND AVERAGE VEHICLE SPEEDS IS DIRECTLY RELATED TO TRAVEL TIMES THE DIFFERENCES TRAVEL TIMES WOULD BE FROM ONE END TO THE OTHER AND THE AVERAGE SPEED WILL BE BROKEN DOWN INTO SMALL SEGMENTS SO THIS PART OF THE ROADWAY IS WHERE THE PROBLEM IS IF YOU SLOW DOWN YOUR OVERALL TRAVEL TIME IS 10 MINUTES BUT YOU SPEND FIVE MINUTES AT THIS SIGNAL SO LOOKING AT THE

[01:15:02]

SCHEDULED TO BE TIMED AGAIN SO FAST BECAUSE OF THE GROWTH IN ADDITIONAL THINGS HAPPENING BECAUSE YOUR COMMUNITY IS GROWING BUT SO ARE OTHER COMMUNITIES SO THERE'S A LOT OF THROUGHPUT AND THE CHIEF WAS SAYING EARLIER A LOT OF THESE CARS GOING THROUGH HERE AREN'T FROM HERE BUT THEY ARE GOING FROM AUSTIN TO TAYLOR ANN TAYLOR TO AUSTIN AND BEYOND SO THOSE THINGS MAKE A BIG DIFFERENCE SO DOING THIS ON A REGULAR BASIS AS PART OF TRACKING THE GROWTH OF A COMMUNITY. SO NOW MORE SPECIFICALLY TO THE US 79 CORE DOOR NOT THAT YOU DON'T KNOW THIS ALREADY BUT A QUICK DESCRIPTION OF THE CORE DOOR FROM A TRAFFIC ENGINEERING PERSPECTIVE IT'S A COORDINATED SYSTEM MEANING WE WORK THE TRAFFIC SIGNALS TOGETHER IN AN IDEAL WORLD YOU TAKE OFF ONE TRAFFIC SIGNAL YOU DON'T STOP AT THE NEXT ONE.

A COORDINATED SYSTEM THROUGHOUT THE COMMUNITY NOT JUST ON 79 BUT UP AND DOWN 685 SO THE WHOLE THING WORKS AS A NETWORK SO IT'S A BALANCING ACT OF WHICH ROADWAYS GET THE PRIORITIES AT ONE TYPE OF DAY AND IT'S HIGH-VOLUME I'M GOING TO SHOW YOU IN A MINUTE THERE IS A LOT OF TRAFFIC FOR THE NUMBER OF LANES YOU HAVE ESPECIALLY WHEN WE TIE IN OTHER THINGS THAT HAVE ADVERSE EFFECTS ON TRAFFIC.THE TRAIN.

THOSE KINDS OF THINGS CAN HAVE A REAL EFFECT AND I WILL TRY TO GIVE YOU A SENSE OF THE CHALLENGES SO WHAT HAPPENS WHEN A TRAIN COMES THROUGH BECAUSE THAT'S A CHALLENGE AND THE FREQUENCY DOESN'T HELP EITHER. SO THE MODELING HAS DIFFERENT LEVELS. IT'S CALLED THE MOST COMMON TOOL SYNCHRO LIKE SYNCHRONIZING AND IT HAS DIFFERENT LEVELS OF OPERATION. THIS IS SPECIFICALLY THE US 79 CORE DOOR 685 THE CRITICAL INTERSECTION AND THE SYSTEM IS 685 AND 79 SO THIS IS A BREAKDOWN OF WHAT 79 DOES SO I WAS TELLING YOU WE HAVE THIS VOLUME TO CAPACITY RATIO.

HERE IS THE CHALLENGE THE RATIO FOR THAT INTERSECTION THE CRITICAL INTERSECTION OF YOUR SYSTEM IS JUST OVERCAPACITY AT CERTAIN TIMES OF DAY. IT'S THE KIND OF CAPACITY THAT PROBABLY COULD BE MAINTAINED AND MANAGED.

BUT A PHENOMENON OF BLOWS TRAFFIC STARTED DOING DIFFERENT PATTERNS PEOPLE WORK FROM HOME WE ACTUALLY LOOKED AT THE TIMING THE GRAPH OF VOLUME YOU HAVE A.M. AND THEN YOU HAVE P.M. PEAK. WE HAD A MOUNTAIN DURING COVID THERE WAS NO A.M. PEAK OR PM PEAK AND EVERYTHING LEVELED OUT. THE KIND OF THING IN SCHOOL WE TALK ABOUT TRAFFIC ONE OF THE THINGS YOU CAN DO TO MANAGE TRAFFIC IS TO MANAGE WITH PEOPLE DRIVE PEOPLE WORKING FROM HOME FLEXIBLE WORK HOURS DIFFERENT START TIMES FOR DIFFERENT EVENTS THOSE THINGS CAN LEVEL OUT THE WORST PART OF THE PEAKS OF THE CAPACITY THAT IS ON THE STREET AND HANDLE THE TRAFFIC BUT IF EVERYONE IS GOING AT THE SAME TIME BECAUSE THE WORK SCHEDULES ARE THE SAME THAT'S WHEN WE HAD THAT HARD PEAK AND THAT'S WHEN WE GO OVER SATURATION SO THAT'S THE CHALLENGE IN THIS. FOR THE NETWORK PROGRESSION PART AGAIN MULTIPLE TRAFFIC SIGNALS WORKING TOGETHER SO WE KNEW TAKE OFF FROM ONE THIS IS A TIME SPACE DIAGRAM AND FROM ONE INTERSECTION TO ANOTHER THERE IS A BANDWIDTH AND THE WIDER IF YOU HAVE TIME FOR THAT APPROACH WHICH IS 40 SECONDS YOU WANT TO BE ABLE TO USE THE GREEN TIME TO PROGRESS PEOPLE

[01:20:02]

DON'T WASTE ANY TIME AND PEOPLE HAVE TO STOP IT'S A POSITIVE DRIVING EXPERIENCE IF THEY HAVE TO STOP AT EVERY TRAFFIC SIGNAL THAT'S A NEGATIVE EXPERIENCE WE ARE TRYING TO MINIMIZE THE STOPS AND THE DELAYS AND REDUCE THE TRAVEL TIMES.

SO HERE IS ONE OF THE TOOLS THAT WE USE.

THIS IS THE MEMORY ABOUT THE MEMORY THE GOOGLE MAPS WITH MEMORY CAN DO A LOT OF ANALYTICS THIS IS AN EXAMPLE OF THE CORE DOOR WE ARE TALKING ABOUT AND IT'S HARD TO SEE BECAUSE IT IS SMALL AND THESE ARE SCREEN CAPTURES AND WHAT WE ARE SEEING IS AN INCREASE OF ABOUT 23 TO 25 PERCENT OF TRAVEL TIME AND I DON'T REMEMBER THE EXACT DATES FROM NOVEMBER 2022 THE DAY BEFORE YESTERDAY OR LAST WEEK WHAT I DID THESE CHARTS SO TRAFFIC HAS CHANGED.

TRAFFIC HAS INCREASED. MONITORING THIS AND SEEING WHEN THINGS GET WORSE AS ONE OF THE THINGS THAT TX-DOT IS THIS AN AGENCIES USE THE HUTTO CORE DOOR IS ONE OF THE MOST CONGESTED ONES BECAUSE 79 IS A MAJOR THOROUGHFARE IT'S AT THE POINT OF BEING ON THE SCHEDULE TO BE RE-TIMES RIGHT NOW.AND IF YOU SEE THE BIG LOBE OF RED THIS IS TRAVEL SPEEDS THROUGH THE CORE DOOR SO LOOKING AT THAT YOU CAN SEE WHICH INTERSECTION BECAUSE THE BACKUP.O WHEN YOU LOOK AT THIS SYSTEM IF YOU PRIORITIZE HOW YOU SPEND YOUR TIME IN THIS CASE IS 685 AND WHAT TIME IT STARTS AND GETS BAD AND HOW LONG THEY ARE AND HOW LONG THAT HAPPENS IF WE WANT TO SPREAD OUT THAT PEAK THAT HAPPENS ONLY GO OVER SATURATION WE PROBABLY WANT TO REDUCE THAT BY HALF THE KIND OF DELAYS THE CUEING EFFECT CAN BE IMPROVED LATELY ? GREATLY.

TO MIKE I HAVE A QUESTION ON THAT ONE.

>> A BIG FACTOR AND ISSUE AND I AM NOT AWARE OF THIS DO YOU GUYS WORK WITH THE RAILROAD OR DO YOU HAVE ANY KIND OF CONTROL OR PULL TO SAY BETWEEN FIVE AND 615 CAN WE NOT HAVE A TRAIN GO THROUGH? CERTIFICATE HAS AN INTERESTING LOOK AT THE WORLD. THEY WILL TELL YOU THAT.

GREAT IS VERY EXPENSIVE AND THEY TRIED TO MAXIMIZE THE RAIL AND SO I DON'T THINK THEY FEEL LIKE THEY CAN TAKE A FEW HOURS OFF AND HAVE TRAINS GOING BECAUSE THERE AREN'T THAT MANY TRACKS AND WE CAN I KNOW THAT FOR EXAMPLE I LIVE IN AUSTIN BUT I AM AN AGGIE BUT IN COLLEGE STATION THEY LIMIT.

I APOLOGIZE. THEY ACTUALLY DO WORK WITH THE RAILROAD SO THAT THERE ARE TIMES WHEN THERE A SPECIFIC TIMES OF DAY THEY DON'T HAVE TRAINS GOING THROUGH AND WHEN I SAW A QUESTION ABOUT THE RAIL I ADDED ONE DID MAKE IT IN BECAUSE THIS IS MY CONCLUDING THING AND I WANT TO ADDRESS THE

[01:25:03]

>> YOU SAID THEY'RE GOING TO BE COMING UP WITH A NEW TIMING THING SO BASED ON THE SPEED THE TIME HE WAS DONE IN 2021.

>> MOST PLACES DID NOT GO BACK TO OFFER REMOTE WORK UNTIL 2022 SO I BELIEVE YOUR TIMING WAS DONE WHILE WE WERE ON THE MOUND EFFECTS SO I THINK THAT THIS IS SOMETHING THAT NEEDS TO GET ADDRESSED AS QUICKLY AS POSSIBLE BECAUSE YOU BASED ON MODEL ON EIGHT PERCENT GROWTH COUPLED WITH ABNORMAL TRAFFIC PATTERN AND I WANT YOU TO KNOW HOW YOU'RE GOING TO ADDRESS THAT.

>> THE TIMING THAT WAS DONE WAS IMPLEMENTED BASED ON THE DATA THAT WAS COLLECTED THAT WAS PUT ON HOLD WHEN THE PANDEMIC HIT RIGHT BEFORE THE NOVEMBER BEFORE THREE MONTHS LATER WE HAD THE DATA AND RECHECK TIME OFF AND THERE WAS NO TRAFFIC AT THAT TIME AND IT WAS USELESS AND THE MODELS THAT WERE CALIBRATED PAST PRE- COVID VOLUMES AND OBVIOUSLY THINGS HAVE CHANGED A LOT AND I THINK THE SCHEDULE IS THINGS ARE MOVING FORWARD THERE IS A PRIORITY SYSTEM TO GO THROUGH THERE ARE OTHER COMMUNITIES AND AGENCIES THAT ARE VERY OVERSATURATED RIGHT NOW.

>> THANK YOU SO MUCH I'M EXCITED YOU GUYS ARE HERE THIS ASSESSMENT SOMETHING I HAVE BEEN REQUESTING FOR A LONG TIME TO GET A BETTER UNDERSTANDING OF HOW THE SIGNAL ROTATIONS WORK AND I WANT TO SAY THANK YOU TO THE CITY MANAGER FOR MAKING THIS HAPPEN THIS WAS ONE OF MY THREE THINGS TO DO IN 30 DAYS EVERY COUNCILMEMBER HAD THE OPPORTUNITY TO BRING IN THREE THINGS YOU WANT TO SEE DONE IN 30 DAYS AND TO HAVE YOU GUYS HERE I WANTED TO THANK YOU FOR YOUR TIME.

I WANTED TO THANK THE WAY BACK THERE BECAUSE IPO WATER PRESSURE ON HIM SEEMS LIKE WE WERE FORGOTTEN AND THE BIGGEST THING THAT WE HAVE SEEN IN OUR COMMUNITY SURVEY IS TRAFFIC TRAFFIC ROADS AND TRAFFIC AND TO HAVE A BETTER UNDERSTANDING

[01:30:02]

THANK YOU. > YOU TALKED ABOUT THIS SPEED TO TIME THROUGH THE SYSTEM AND JUST SO PEOPLE CAN HEAR ABOUT IT BECAUSE WE HEARD A RUMOR THAT THE SPEED LIMIT IS 30 BUT IF YOU WIN 25 YOU WOULD HIT EVERY LIGHT GREEN SO YOU WILL DESIGN THE SYSTEM IS THERE SOME GUIDELINE BECAUSE WE DO GET OUT OF MY SYSTEM PEOPLE CAN SAY IF I DON'T SPEED I WILL HAVE A TRAFFIC LIGHT. SOCIAL SECURITY US IF THERE WAS PART OF THAT GUIDELINE.

>> THE MODEL HAS LINK SPEEDS AND TYPICALLY YOU START OUT BY ASSUMING THE ACTUAL POSTED SPEEDS SO A MAJORITY OF PEOPLE IS HOW THEY GOT SET IN THE FIRST PLACE SO WE ANTICIPATE CARS DRIVING LIKE THAT AND WHEN THAT GOES SLOWER THAT ASSUMPTION IS WRONG SO WHAT OF THE TECHNIQUES WE USE IS THE SAME SOFTWARE MONITORING THE SPEEDS BY A LINK THAT WE LOOK DOESN'T CALIBRATE THE SYSTEM CONSTANTLY THE ASSETS CAN BE CHANGING AND WHEN WE DO A FINE TUNING IT HAPPENS TYPICALLY OVER A COUPLE OF WEEKS AND WE WILL PUT IN THERE BASED ON AN ASSUMPTION OF 45 MILES AN HOUR AND WE LOOK AT IT AND SAY TRAFFIC IS ONLY GOING 35 SO RECALIBRATE IT WHEN YOU GET IT RIGHT TRAFFIC SPEED START PICKING UP AGAIN AND WE ARE NOT A ONE AND DONE. IT'S AN ITERATIVE PROCESS IN ONE OF THE THINGS IS DIFFICULT WHEN YOU HAVE OVERSATURATION IS TO GET GOOD DATA BECAUSE HERE I GO IN MY NERVOUS SELF AND ONE OF THE THINGS THE TRADITIONAL WAY OF DOING THINGS YOU COUNT THE TRAFFIC VOLUMES AND YOU TIME THAT BASED ON THOSE VOLUMES AND THEY COUNT HOW MANY CARS WENT TO THE SIGNAL NOT HOW MANY WANTED TO GO TO THE SIGNAL IF WE HAD 1500 CARS GO THROUGH AND THE BACKUP IS HALF A MILE WE HAVE TO ADD THAT VOLUME BACK INTO IT. AGAIN, A CHART LIKE THIS WITH THE RED BULL BUT I KNOW THE LENGTH OF THAT I KNOW HOW MANY CARS ARE THERE TO DIDN'T MAKE IT.

I CAN WATCH THIS ESSAY AND THAT 15 MINUTES THE BACKUP WENT FROM 10 CARS TO 70 CARS SO I'M GOING TO TAKE THAT VOLUME AND PUT IT BACK IN THERE AND THESE ARE THE NEW TOOLS OF THESE ARE THINGS WE HAVE DONE RECENTLY IN THE LAST THREE OR FOUR YEARS TO CALIBRATE THOSE MODELS BETTER BECAUSE OF WE CAN GET REALLY GOOD INFORMATION INTO THE MODELS WE HAVE THE BEST OPPORTUNITY FOR SUCCESS.

>> I JUST HAD A COUPLE OF OBSERVATIONS.

THE ROAD TO ZERO. IS THAT YOUR PROGRAM FOR ZERO FATALITIES? ROACHES ZERO?

>> YES.

>> THERE'S A LOT OF PEOPLE OUTSIDE OF TEXAS AND EVEN OUTSIDE OF THE SYRIA IT SEEMS LIKE WE DON'T HAVE 70 MILE AN HOUR SPEED LIMITS AND I WON'T SAY WHICH CHILD BUT ONE OF MY CHILDREN DROVE NORTH AND WENT TO TAKE A LEFT ON CHANDLER ROAD AND I THOUGHT THEY WERE GOING TO GET HIT BY A CAR.

AND I DID NOT KNOW WAS GOING THAT FAST.

SO WHAT I AM WONDERING IS SOME OF THE SPEED LIMITS ARE SO HIGH WHEN I LIVED IN MISSOURI THE TOP INTERSTATE WAS 55 MILES AN HOUR AND WE HAVE JAILED 79 AND 132 AND SOMEONE PULLS OUT WHO IS NOT NEW AND THEY ARE OLDER AND THEY ARE NOT AS FAST THEY'VE GOT PLENTY OF TIME BUT THAT CAR ISN'T DOING 65, THEY'RE DOING 75. MY OBSERVATION IS THIS COMELY NOSE HERESY IN THE SECTION OF THE WORLD TO SAY SPEED LIMITS BUT YOUR DEPARTMENT REALLY REALLY WANTS ZERO PEOPLE TO DIE BY 2025 IT WOULDN'T HURT TO DROP SPEED LIMITS DOWN BECAUSE EVERY OTHER PLACE I HAVE LIVED IN I HAVE NEVER HAD TO, THE RESIDENTIAL ROAD IS 30 AND I PULL UP TO A 60 AND I GET ONTO

[01:35:07]

>> I WILL LIKE TO ADD ONE THING.

I DID HAVE CONVERSATIONS WITH THE COUNTY COMMISSIONER AND THERE IS AN OPEN DIALOGUE GOING ON AND I THINK THAT WE HAVE SOME OPPORTUNITIES WITH DEVELOPERS ALSO TO CONTRIBUTE TO THE COST OF MAKING THAT AN OPTION FOR WHATEVER REASON THEY DECIDED NOT TO INVEST IN I DON'T KNOW WHY WE DIDN'T WANT TO INVEST $1 MILLION AT THAT TIME JUST I WANT TO NOW THERE ARE CONVERSATIONS GOING ON ABOUT THAT AND HOPEFULLY WE CAN ALL PARTNER TOGETHER AND GET THIS DONE.

>> ON THE ROACHES ZERO FIVE NOT ATTACKING YOU GUYS FOR THIS BUT WE ARE REACTIVE WHEN IT COMES TO PUTTING IN TRAFFIC LIGHTS SO A LOT OF THE FATALITIES ARE PLACES WHERE WE HAVE IDENTIFIED WE NEEDED TRAFFIC LIGHT AND IT TAKES A LOT OF TIME AND EVEN IF IT'S EXPEDITED IS STILL A LOT OF TIME AND WE ARE WORKING ON A TRAFFIC LIGHT WE HAVE HAD PEOPLE DIE AND ANYTHING WE CAN DO TO WORK AND GET AHEAD OF THAT AND BE PROACTIVE THAT WILL GIVE US A LOT OF PROGRESS ON THAT FRONT ON THE OTHER THING I WANTED TO ASK ABOUT IS THE TIMING OF THE TRAINS BECAUSE OF WHAT YOU SAID BASICALLY WE HAVE HAD TWO TRADES GO THROUGH AND OUR SYNCHRONIZATION IS LOST FOR HALF OF THAT HOUR WHICH IS PRIMARY TRAFFIC UNDERSTANDING OF TRAFFIC ENGINEERS WHO MODEL THINGS. ONE WAY YOU COULD DO IT IS TRYING TO BE ? NOT MAKING EVERYONE WAIT BY THE OTHER WAY IS TO RIP THE BAND-AID OFF AND TRY TO GET US BACK IN SYNC AND THAT MIGHT MAKE IT HORRIBLE AND I AM WONDERING WHAT YOU DO AS FAR AS THOSE TRADE-OFFS AND HOW YOU APPROACH THAT AND IF YOU CAN TALK ABOUT THAT.

>> ONE OF THE TECHNIQUES THAT'S PRETTY COMMON IS JUMP THE CORD IS WHAT YOU SUGGESTED. IT SAYS I'M GOING TO SERVICE THE FACE AND THEN I'M GOING TO GO WHEREVER I NEED TO BE IN THE OTHER MOVEMENTS THAT COULDN'T CROSS THE TRACK MIKE IS SKIPPED FOR ANOTHER CYCLE OF MASS FOR THE CHALLENGE COMES IN INSTEAD OF GOING TO THE NORMAL SEQUENCE THEY COULD GET SKIPPED FOR ONE MORE TIME AND THAT'S THE TRADE-OFF AND WHEN YOU ARE NEAR CAPACITY THE PROBLEM IS IT'S ALL ABOUT FLOW RATES ARE GOING TO HAVE A THOUSAND CARS IN AN HOUR AND THAT'S FINE TO FIGURE OUT HOW MANY CARS EVERY TWO MINUTES BUT IF THEY DON'T GET

[01:40:05]

>> IT WE NEED TO WORK ON OTHER THINGS AND DEFINITELY I CAN HAVE THAT WE CAN PARTNER INTO THE BEST THAT WE CAN TO IMPROVE THIS.

>> ONE PLUG FOR THE ? PROGRAM IT WAS HIGHLY REACTIVE AND WE ARE SEEING A SHIFT ON THE PROGRAM ITSELF HAVING A SYSTEMIC PROGRAM IN PLACE THE LOCALS ARE WELCOME TO APPLY FOR FUNDS FOR ANY IMPROVEMENTS THAT YOU MAY SEE OFF SYSTEM AS WELL AS COORDINATION AND A LOT OF THE DELAYS IN IMPROVEMENT ARE TYPICALLY TIED TO FUNDING AS YOU KNOW WITH MANY DIFFERENT PRIORITIES AND TYPICALLY THE HIGHER CRASH RATES HIGHER FATALITY RATES AND THERE ARE OPPORTUNITIES AND THERE WILL BE ADDITIONAL FUNDING AS WELL AND I JUST WANTED TO MAKE YOU AWARE OF THAT.

>> MR. MAYOR I DO HAVE A QUESTION A TWO-PART QUESTION BACK TO THE RAILROAD IF THAT'S OKAY.

>> SORRY APOLOGIZE.

>> THROUGHOUT THE DAY WE PROBABLY HAVE 15 TRAINS GOING THROUGH AROUND HUTTO THE AREA. CAN YOU WALK ME THROUGH THE PROTOCOLS OF FINDING OUT WHEN A TRAIN JUST STOP AT INTERSECTION AND CLOSES IT DOWN AND HOW THAT TRICKLES DOWN AND THE PROTOCOLS THAT ARE TAKEN TO ADDRESS IT OF THE TRADE BLOCKING THE INTERSECTION AND AND THE CHALLENGES BECAUSE OF THE TRAINS STOPPING BECAUSE IT DOES HAPPEN HERE DEFINITELY ON 1660 S. AND 79 SO I GUESS YOU HAVE ANY WHAT'S THE PROTOCOL OF TRYING TO GET THAT ADDRESSED IN THE CHALLENGES WITH THE TRAINS STOPPING IN THE INTERSECTIONS?

>> FROM MY EXPERIENCE I USED TO WORK FOR THEM IN THE HOUSTON DISTRICT THAT HAD MANY TRAIN TRACKS CRISSCROSSING IN AND OUT OF HOUSTON AND WE NEVER KNEW WHEN THEY WERE GOING TO STOP THE STOPPING THE RAILROAD TRIES TO MAXIMIZE THE TRACK USAGE IN THEY HAVE TRAINS GOING ON THE SAME TRACK SO THESE SWITCHING STATIONS IS NOT PUBLISHED AND IT'S VERY DIFFICULT TO KNOW THAT. THERE ARE TECHNIQUES THAT IF A TRAIN STOPS ON THE TRACK INSTEAD OF CONTINUING TO SKIP PHASES THERE ARE TECHNIQUES THAT SAY AFTER 10 MINUTES OF NO ACTIVITY AND BEING STUCK IN PREEMPTION YOU GO TO A DIFFERENT TYPE OF SEQUENCES THAT HAPPENS TOO FREQUENTLY THERE ARE SOME THINGS YOU CAN TRY TO MINIMIZE IMPACT ON THE TRAFFIC BUT IT'S ALMOST IMPOSSIBLE.

I HAVE NEVER BEEN NOTIFIED WHEN I WORKED FOR A PUBLIC AGENCY IN ROUND ROCK WHERE EFFECTIVELY WE WERE NOTIFIED WHEN EITHER MAINTENANCE IS HAPPENING OR OR THE TRAIN IS GOING TO STOP TO GET TO A SWITCHING STATION. SO I APOLOGIZE.

BUT REALLY IT'S ONE OF THOSE THINGS THAT WE DON'T HAVE ENOUGH INFORMATION ON TO DO MUCH ABOUT.

>> THANK YOU.

>> WE WILL MOVE ON TO ITEM 91 CONSIDERATION OF POSSIBLE

[9.1. 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, and Area Government appointments.]

>> WE HAVE LAST WEEK OR LAST MEETING WE PUT A BUNCH OF

[01:45:07]

AND THAT WILL LEAVE WE STILL HAVE ONE MORE VACANCY AND WE WILL LEAVE THAT OPEN FOR ANOTHER COUNCIL MEETING SO IF ANYONE WANTS TO APPLY WE HAVE ONE MORE VACANCY AND WE WILL MAKE A FINAL DECISION AND ANYONE ELSE WE WANT TO LEAVE IT OPEN FOR ONE MORE.

>> THE REASON WE ARE DOING THIS WE WANT TO PUT OUT THERE THAT WE NEED MORE PEOPLE AS IT WAS NOT ABLE TO MEET DUE TO LACK OF QUORUM THIS PAST MEETING SO ANYBODY OUT THERE INTERESTED IN SERVING YOU ARE MORE THAN WELCOME TO APPLY.

>> HOLD ON. SORRY.

>> >> WE DON'T DO A LOT OF CONVERSATION FROM THE AUDIENCE IF YOU WANT TO COME UP YOU HAVE TO COME UP AND SPEAK IT INTRODUCE YOURSELF.

>> I LIVE HERE IN HUTTO ON ALL TREMONT STREET I HAVE BEEN TRYING FOR THREE YEARS OR MORE TO GET PEOPLE TO JOIN THE ADA TASK FORCE I HAD A LOT OF PERSONAL EXPERIENCE WITH DISABILITY FROM EMOTIONAL DISABILITY TO LEARNING DISABILITY TO PHYSICAL DISABILITIES.

I HAVE A 41-YEAR-OLD SON WHEN HE WAS 17 AND A HALF YEARS OLD ON CHRISTMAS MORNING HAD A WRECK.

HE DIDN'T JUST PARALYZE HIMSELF, HE PARALYZED HIS LITTLE BROTHER WHO WAS WITH HIM MENTALLY.

HE HAS FOUGHT THE DEMONS OF ADDICTION TRYING TO COPE WITH SURVIVOR'S GUILT SOMETIMES I WONDER WHICH SON SUFFERED THE MOST SO WHEN I TELL YOU I'M TRYING TO GET PEOPLE ON ANY TASK FORCE I DON'T CARE WHAT YOU WANT TO CALL IT ANYMORE I DON'T CARE. TO FOCUS ON THE PEOPLE IN OUR CITY THAT HAVE DISABILITIES THAT HAVE NEEDS I AM TALKING ABOUT THE MOTHER OF THE AUTISTIC CHILD THAT WE ALL LOOK AT IN THE GROCERY STORE BEFORE WE CATCH OURSELVES HE WONDERS WHY SHE DOESN'T SPANK HIS BUTT, TAKE HIM OUT WHATEVER.

THAT MOTHER NEED SUPPORT. I HAVE BEEN TRYING WHEN I WOULD ASK ON DIVERSITY AND INCLUSION IS THERE A DEMOGRAPHIC THAT'S NOT BEING SERVED? HAVE WE REACHED OUT TO DIFFERENT SUPPORT GROUPS THAT ARE OUT THERE IS IT'S MANDATORY THAT THEY LIVE WITHIN THE HUTTO CITY LIMITS? THESE ARE QUESTIONS I HALF I HAVE BEEN BEGGING I OFFERED TO STEP OFF THE ADA BOARDED THE HOUSE KEEPING PEOPLE ON IT BECAUSE I AM A VERY DOMINEERING PERSONALITY AFTER 62 AND A HALF YEARS THAT IS NOT A NEWSFLASH. I JUST WANT FOR US TO BE REPRESENTATIVE I HAVE MY OWN DISABILITIES I HAVE LEARNED TO LIVE WITH NOT ONE OF MY FIVE CHILDREN I RACE DOESN'T HAVE SOME KIND OF DISABILITY MOST YOU CAN'T TELL BUT THERE WAS SOMETHING THERE I KNOW WHAT IT'S LIKE TO BE A MOTHER OF A DISABLED PHYSICAL CHILD I KNOW WHAT IT'S LIKE TO BE THE MOTHER OF A LEARNING-DISABLED CHILD I KNOW WHAT IT'S LIKE TO BE THE MOTHER OF AN EMOTIONALLY DISABLED CHILD ASSET KNOW WHAT IT'S LIKE TO TAKE CARE OF AN ALZHEIMER PARENT WE NEED HELP AND IF NOTHING ELSE WE NEED TO BE HEARD BY OUR CITY COUNCIL OUR CITY MANAGER WE NEED TO BE HEARD I HAVE A LADY THAT LIVES IN RIVERWALK FOR PRACTICAL PURPOSES SHE WOULD KNOW THAT ANYTHING IS WRONG WITH HER BUT SHE'S LEGALLY BLIND.

I CARE THAT SHE HAS TO GO TO THE STREET BECAUSE PEOPLE PARK ACROSS THE SIDEWALKS. I'VE CALLED THE COPS I HAVE CALLED MY HOA I'VE CALLED CITY COUNCILMEMBERS AND I WILL DO

[01:50:17]

AND HUTTO COULDN'T BUILD A CITY HALL THAT WAS HANDICAP ACCESSIBLE. END OF RANT.

SO MY THANK YOU. THE OTHER THING TO GET MORE PEOPLE INVOLVED AT THE UNIVERSITY THAT WE HEARD ABOUT THE CITIZENS UNIVERSITY ONE OF THE THINGS AS THE CHAIR OF THE BOARD AND COMMISSION TASK FORCE WE HAVE ALL THE BOARDS OPEN EVERYTHING ENDING IN JUNE AND IF PEOPLE WANT TO CYCLE OFF THEIR TERMS AND IN JUNE THAT'S WHAT WE HAVE THE TERMS AND AND WE WILL LIST EVERY BOARD COMMISSION POSITION COMING OPEN WE WILL HAVE APPLICATIONS YOU FILL THEM OUT WE WILL TRY TO TURN THAT INTO A BIG EVENT IN JUNE.

SO THANK YOU FOR YOUR COMMENTS AND THAT'S ALL I HAD FOR THE REST OF OUR BOARDS AND COMMISSIONS ACTIONS.

>> DO WE HAVE ANY FEEDBACK YET >> WE ARE STARTING TO ?

>> I WANTED TO ANSWER SOME OF THE QUESTIONS THAT WERE ADDRESSED. SO ACCORDING TO THE ORDINANCE YOU DO HAVE TO RESIDE WITHIN THE CITY IT'S NOT OPEN YOU DO HAVE TO BE WITHIN THE LAST 12 MONTHS IN THE CITY CORPORATE LIMITS I WOULD BE OPEN TO AMENDING THAT SOMETHING TO THINK ABOUT AND THEN AS FAR AS REPRESENTATION WE HAVE TO MY KNOWLEDGE ZERO VETERANS ON THE DNI WE HAVE ONE MAIL TO MY KNOWLEDGE THERE'S ONLY EVER BEEN ONE MALE AND I BELIEVE

TRYING TO THINK >> WE HAVE 2.

>> I KNOW WE JUST DID THAT HISTORICALLY AS WELL AND I BELIEVE MISS STOCKMAN WOULD BE THE FIRST CAUCASIAN THAT WE HAVE ON THE TASK FORCE AS OF NOW THERE IS NO ASIAN REPRESENTATION AND NO DIVERSITY AS FAR AS RELIGIOUS BACKGROUND AND I DON'T NOW EACH INDIVIDUAL COMMISSION MEMBERS IN DETAIL BUT THAT WOULD BE MY GUESS SO AS FAR AS DIVERSIFICATION DEFINITELY ROOM FOR IMPROVEMENT AND THOSE ARE JUST MY THOUGHTS ON THAT I HAVEN'T PERSONALLY GONE TO THE AMERICAN LEGION AND REACHED OUT BUT AS CERTAIN EVENTS KIND OF ASKED A COUPLE OF THEM THAT WERE THERE AND UNFORTUNATELY WHENEVER YOU SAY DIVERSITY AND INCLUSION THERE IS A STIGMA THAT GETS ATTACHED TO IT SO FOR ONE REASON OR ANOTHER A LOT OF PEOPLE SHY AWAY FROM IT AND THAT IS A PROBLEM AND PART OF THE CULTURE THAT NEEDS TO SHIFT AND BE CHANGED IN A CHILL THAT HAS CHANGED I DON'T NOW HOW SUCCESSFUL WE ARE GOING TO BE AT ATTRACTING ALL OF THESE DIFFERENT DIVERSE PEOPLE TO THAT PARTICULAR COMMISSION BOARD BECAUSE THAT STIGMA FOR ONE REASON OR ANOTHER IS STILL ATTACHED SO I'M HOPEFUL FOR THE COMMISSION THEY HAVE A LOT OF GREAT THINGS IN THE WORKS I'M GLAD WE HAVE ALMOST A FULL BOARD I THINK WE ARE DOWN ONE MEMBER. SO I JUST WANTED TO ANSWER SOME OF YOUR QUESTIONS.

>> AND I WOULD SAY THERE'S NO REASON FOR THAT TO BE RESTRICTED TO CITY LIMITS. I THINK WE SHOULD TAKE ANOTHER LOOK AT ALL OF THEM TO SEE IF THERE ARE ANY OTHERS I KNOW THERE IS CONCERN AND STATE LAW BUT OTHER THAN THAT IF THEY RECOMMENDING THINGS TO THE COUNCIL IF THERE'S NOT MUCH REASON TO SAY THAT AS WELL TO THE LIBRARY BUZZARD BOARD IS HUTTO IST BOUNDARIES.

>> THAT EXTENDS BEYOND WHICH I DON'T HAVE A PROBLEM WITH THAT.

>> SO IT SOUNDS LIKE THAT MIGHT BE AN AGENDA ITEM.

[01:55:02]

>> WE NEED TO VOTE ON THE NOMINEE

>> ALL WE HAVE TO DO IS BRING US BACK TO THE AGENDA ITEM WAS THAT A MOTION TO APPOINT LORI FISHER STOCKMAN TO THE ADI AS THE REP?

>> SECOND BY COUNCILMAN CLARK AND KINSEY ANY DISCUSSION ON THE MOTION?

>> DOES THAT MEAN YOU ARE PLANNING ON RESERVING A SEAT FOR THE ADA WRAP?

>> SINCE IT WENT AWAY WE WANT TO MAKE SURE THAT PIGEONHOLING A PERSON THAT HAS TO BE BUT FOR RIGHT NOW

>> IS NOT IN THE ORDINANCE. WE WANT TO OPEN IT UP TO ANYONE

FIRST >> I UNDERSTAND THAT IS SOMETHING THAT HASN'T BEEN ADDRESSED THERE ARE COUNTLESS GROUPS THAT ARE NOT REPRESENTED SO I WANT TO START JUST ASSIGNING A BUNCH OF THEM AND THEN END UP SHUTTING PEOPLE OUT UNINTENTIONALLY.

>> WE JUST MADE AN EXCEPTION ON THIS ONE.

>> NO PROBLEM. ANY DISCUSSION?

>> PLEASE CALL THE VOTE.

>> COUNCILMEMBER CLARK.

>> MOTION PASSES 7-0.

>>. [INDISCERNIBLE]

>> ANY OTHER PEOPLE HERE TO SPEAK ON OTHER AGENDA ITEMS?

>> WE WANT TO MOVE 14 UP. NO OBJECTIONS MOVE 14.2 UP.

[14.2. Consideration and possible action regarding flooding issues between Old Town and Durango Farms. (Mayor Pro Tem Peter Gordon)]

[INDISCERNIBLE] I HAVE TWO PEOPLE TO SPEAK.

WOULD YOU LIKE TO SPEAK BEFORE OR AFTER?

>> NO PRESENTATION.

>> IS PRIMARILY TO ALLOW THE CITIZENS TO.

[INDISCERNIBLE] >> WHEN WILL CALL YOU ALL UP.

>>. [INDISCERNIBLE]

>> WHO IS?

>> WE HAVE TERRA FALLIS WAS DID I SAY THAT ? BALLAST WAS

>> THANK YOU FOR HAVING US TO THE AGENDA.

IT'S A BIG NOD TO US AND WE APPRECIATE THAT AS A COMMUNITY AND OLD TOWN HAS HAD A TOUGH GO FOR THE LAST YEAR AND AND A HALF OR SO SO JUST TO RECAP WE HAVE HAD SIGNIFICANT AMOUNT OF FLOODING IN SEVERAL OF THE LOTS IN OLD TOWN MYSELF AFFECTED AND MARCY AND MARLA AND DEBBIE HALL AND MAYBE NOT AS MUCH DOWN IN THE SAME SPACE WE ARE AFFECTED BY THE DRAINAGE EASEMENT THAT WAS REQUIRED BUT NOT EXECUTED BY DURANGO FARMS AND SUBSEQUENTLY WE HAD SOME PRETTY SEVERE FLOODING.

MY NOT AS MUCH AS MARCY AT 8 TO 10 INCHES OF STANDING WATER ON THREE SEPARATE OCCASIONS IN 2022.

I KNOW MARCY HAD IT EVEN WORSE THAN I DID AND NOW MY QUESTION IS TO THE COUNCIL AND MY POSITION TO THE CITY AS THE GUARDIANS OF YOUR CITIZENS THAT ARE TO HELP GROW RESPONSIBLY AND SUSTAINABLY AND PROTECT US FROM NEGLIGENT DEVELOPMENT LIKE WHAT WE ARE SEEING WITH THE DURANGO FARMS DRAINAGE THAT IS NOT ADEQUATE AT THIS TIME WHEN I AM ASKING IS FOR THE CITY TO COME TO OUR AID AS CITIZENS OF YOUR TOWN WE ARE INJURED WE HAVE ALL SUSTAINED DAMAGE SOME OF IT MORE SEVERE THAN OTHERS.

KNOW THAT MYSELF PERSONALLY HAVE AN OUTBUILDING THAT HAS BEEN DAMAGED THE FOUNDATION IS SINKING BACK TO ONE SIDE THAT DOESN'T SOUND THAT TERRIBLE AND ACCURACY IS EXTREMELY IMPORTANT TO RE-LEVEL YOUR TABLE EVERY TIME YOU RESTART A PROJECT BECAUSE THE GROUND IS SOFT AND SINKING.

WE HAVE HAD FLOODING THAT GOES FROM THE BACK FENCE LINE AND ALL THE WAY OUT THE NOT TO MENTION THE WASHOUT THAT

[02:00:01]

FOR THAT WE ARE GRATEFUL. BUT THE ACCOUNTABILITY FOR THE DAMAGES THAT HAVE BEEN CAUSED AND CONTINUE TO BE CAUSED.

WE AS CITIZENS NEED YOUR SUPPORT AND YOUR HELP TO MAKE REMEDY WHETHER TO FORCE MERITAGE INTO CREATING THE REMEDY AND FIXING THE DAMAGE THAT WAS CAUSED IN ADDITION TO CREATING THE DRAINAGE SOLUTION OR TAKING IT AND DOING IT FOR US ON OUR BEHALF AND SEGREGATING BACK TO MERITAGE SEPARATELY AS THE CITY TO HANDLE THAT SEPARATELY. THERE ARE SO MANY QUESTIONS THAT I HAVE FOR THE CITY AND I HAVEN'T SEEN YOU GUYS ANSWER A LOT OF QUESTIONS TODAY. I DON'T REALLY KNOW HOW THESE COUNSEL MEETINGS GO. IT DOESN'T SEEM TO BE A WILDLY INTERACTIVE PROCESS. WITH THE AMOUNT OF HOMES ON THE DURANGO FARM SIDE. HOW MANY WAS THERE SO MANY CERTIFICATES OF OCCUPANCY, SO MANY HOMES SOLD AND CLOSED IN THE DEVELOPMENT THAT DID NOT HAVE INFRASTRUCTURE IN PLACE THAT THEY ARE REQUIRED TO HAVE. HOW IS THAT PROCESS ABLE TO GO ON IF IT WAS ONE TIME, OKAY, THAT IS FINE.

ONE TIME IT SLIPS THROUGH THE CROOKS AND HE GETS PUT IN HIS STACK AND SOMEBODY SIGNS IT. SEVEN TIMES, EIGHT TIMES, HOW DOES THAT HAPPEN AND HOW DO WE AS CITIZENS MOVE FORWARD CONFIDENTLY WITH YOU AS OUR STEWARDS THAT WE ARE GOOD TO BE TAKING CARE OF BECAUSE SO FAR THIS IS NOT THE ONLY SUBDIVISION THAT HAS THESE PROBLEMS. I'VE HEARD IN PREVIOUS CITY COUNCIL MEETINGS THAT YOU GUYS HAD TO ADDRESS PREVIOUS FLOODING AND OTHER DEVELOPMENTS. I LIVED IN HUTTO IN 2004 AND WE HAD A LOT OF GROWING PAIN THEN. WE HAVE A LOT NOW.

EXPONENTIAL GROWTH CREATES PAIN. I UNDERSTAND THAT AND SUPPORT THAT. BECAUSE IT MEANS GROWTH.

BUT IT CAN'T BE AT THE EXPENSE OF YOUR EXISTING RESIDENCE.

THAT IS WHERE WE FEEL THAT WE ARE.

>> WHEN WE FEEL THAT IS A REGULAR PUBLIC COMMENT, GENERALLY OF THE PUBLIC JUST TALKS WERE REALLY NOT BY LAW ALLOWED TO INTERACT UNLESS IT'S A STATEMENT AS YOU HEARD.

CENTRAL TALKING ON THE AGENDA ITEM, THERE'S A WHOLE BACK-AND-FORTH THERE'S BASICALLY NOT A TIME LIMIT, YOU CAN ASK THAT QUESTION AND I KNOW THE CITY MANAGER CAN GIVE YOU SOME INPUT BECAUSE WE JUST HAD AT THE END OF THE RETREAT ONE OF THE THINGS I WAS TALKING ABOUT WE FEEL LIKE THE DEVELOPERS IN SOME INSTANCES MY GUT TELLS ME THE TICKET OVER THE CITY IN SOME ASPECTS BECAUSE PARTY DURANGO, CORRECT ME IF I'M WRONG THERE WAS A ROW OF HOMES THAT WERE BUILT ILLEGAL LOTS, WHAT IS THE STORY THERE. HAVE HEARD ENOUGH STORIES.

>> IF YOU HAVE TO SHUT SOMEBODY DOWN I DON'T WHAT LEGALLY WE CAN DO. THE BEST WAY IN THE BEST DETERRENT, WE'VE DONE IT ONCE ON ILLEGAL CONCRETE POUR, A YEAR END HALF AGO. WE HIT ONE COMPANY AND AN INSPECTION DONE IN THREE DAYS I DON'T THINK THEY POUR AS MUCH CONCRETE AT 5:00 A.M. THAT THEY USED TO.

WHAT IS THE DEAL WE'VE TALKED ABOUT THE DRIVEWAYS GETTING POURED WITHOUT REBAR AND ALL THESE DIFFERENT THINGS.

>> MAYOR COUNSEL FOR THE RECORD, THANK YOU.

IS IT OKAY IF I CALL YOU TARA. AND WHAT ABOUT YOUR LAST NAME BALTIMORE TIMES ALL THE SAME FIRST NAME.

SO I WANT TO PART AND TO COMPARTMENTALIZE THE DAMAGES IN THE LOSS, THAT IS A LIABILITY ISSUE AND I CAN TALK ABOUT THAT STUFF DIRECTLY IN A PUBLIC SETTING BECAUSE OF OBVIOUS REASONS I WOULD THINK BUT I CAN ANSWER A LOT OF THE OTHER QUESTIONS. HOW DID WE GET HERE THAT IS PROBABLY THE NUMBER ONE THING AND HOW DO WE PREVENT FROM GETTING THERE AGAIN FOR YOU. MARCY IS THE ONE I HEARD FROM FIRST. I HEARD FIRST ABOUT THE ISSUE AND ALSO I NEED TO TALK ABOUT WHAT THE ROLE THE CITY PLACE OF THESE TO THE TYPES OF SCENARIOS. WHETHER STRANGLE FORMS OR TO PROPERTY OWNERS THE GOVERNMENT INTERACTED BETWEEN INDIVIDUAL PROPERTY OWNERS CAN BECOME PROBLEMATIC AND DEPENDING ON THE SCENARIO. WE HAVE TO CONSIDER THAT TO, LET'S TALK SPECIFICALLY YOUR SCENARIO AND DURANGO FARMS AND HOW WE GOT TO WHERE WE ARE, MY UNDERSTANDING OF THE SCENARIO EVERYONE KNOWS I WASN'T HERE I DON'T HAVE TO FLY THE FLAG TOO

[02:05:06]

WHAT I'VE BEEN ABLE TO DETERMINE TO THIS POINT AFTER CONSULTING WITH ENGINEERS, THE COMMUNITY DEVELOPMENT DIRECTOR GOING BACK TO THE DOCUMENTATION THAT WE HAVE ACCESS TO MA PARTNERS IS THE DEVELOPER OF DURANGO. MARY TOSH IS THE PEOPLE THAT BOUGHT THE LOTS TO BUILD THE HOUSES ON.

WHENEVER THE MA PARTNERS DID THE PLOT WHEN THEY GO THROUGH AND SAY THIS IS THE PARCELS WE ARE GOING TO SELL OFF, THEY ALSO DO AN ENGINEERING SITE PLAN WHICH EFFECTIVELY SHOWS GRADING AND HOW THE STUFF IS GOING TO DRAIN AWAY.

THE ORIGINAL PLAN WAS FOR THE WATER TO DRAIN NORTH IN A WAY FROM THE DIRECTION THAT IT IS DRAINING.

WE ALL KNOW THAT IS NOT HISTORICALLY WHERE THE WATER

WENT. >> IT WAS TO DRAIN UPHILL.

>> CORRECT. >> SO EVEN THOUGH IT IS UPHILL, YOU CAN GO WITH MACHINERY AND EAT THE HILL DOWN, YOU CAN MAKE WATER GO A DIFFERENT DIRECTION. ORIGINALLY THAT WAS EVIDENTLY THE PLAN. WHEN MARY TOSH GOT THE LOT AND STARTED TO BUILD THE PAD SITES, THEY QUICKLY LEARNED, IT WAS NOT GRADED THE PROPER WAY FOR THE WATER TO GO THE DIRECTION HE NEEDED TO GO AND IT WAS PADDLING AT THE BACK AND GOING TO YOUR PROPERTY. AT THAT POINT IN TIME THERE WAS A DESIGN OF A SWELL WHICH IS BASICALLY FOR LACK OF A BETTER WORD A DITCH FOR THE WATER TO GO THROUGH AND AWAY.

THAT WAS THE PREFERRED SOLUTION AT THE TIME.

>> IT IS IN HER YARD. >> MARCY.

YOU COULD STAY AT THE MICR MICROPHONE.

>> THE DITCH WAS 2 FEET OF WATER IN MY BACKYARD, ALMOST TO 1660 AND IT'S THREE QUARTERS OF AN ACRE.

AND THEY CAME THAT DAY AND THEY DUG A DITCH AND THEN THEY HAD A RAGING CREEK AND 45 MINUTES LATER I JUST HAD PUDDLES.

THE DITCH WAS COVERED UP BUT NOTHING WAS EVER DONE WITH THE

DITCH AT ALL. >> THAT'S WHAT MY RECORDS INDICATE TO. TO READ THROUGH THE PROGRESS OF THE SCENARIO, I HAVE TO DEFINE THE DIFFERENCE, THEIR PUBLIC IMPROVEMENTS AND THEN THERE ARE PRIVATE IMPROVEMENTS IN A PUBLIC IMPROVEMENT WE INSPECT BECAUSE WE ACCEPT AND TAKE ON RESPONSIBILITY. PRIVATE IMPROVEMENTS WE DO NOT INSPECT BECAUSE WE DO NOT ACCEPT IT WE DO NOT TAKE ON RESPONSIBILITY. THIS WAS A PRIVATE IMPROVEMENT THAT IS ONE OF THE CHECKBOXES AS TO WHY WHY DIDN'T THE CITY INSPECTORS NOTICED X, Y, AND Z THEY DID NOT INSPECT THIS BECAUSE OF THE PRIVATE IMPROVEMENT AS MARCY HAS SO ELOQUENTLY PLACED, ONCE THE DITCH WAS IN PLACE AMERITAS BUILT THE LOTS, THE EFFECTIVELY REGRADED AND FILLED BACK IN THE DITCH. AND THEN PUT UP THE FENCES.

THAT IS THE BEST THAT I CAN TELL FROM THE DOCUMENTATION IT WASN'T UNTIL NOVEMBER WHEN I FIRST LEARNED WHEN THIS WAS GOING ON AND WE HAVE BEEN ADVOCATING FOR YOU.

ONCE THERE WAS AN ISSUE AT THE TIME THE INTERIM PUBLIC WORKS DIRECTOR HE WORKED UP UNTIL THE END OF THE YEAR BECAUSE HE WAS SERVING INTERIM BUT ANYWAY WAYNE WAS THE FIRST ONE TO TACKLE THIS PROBLEM AND THEN HE FOUND DOCUMENTATION WHERE THEY WERE SUPPOSED TO HAVE INSTALLED A FRENCH DRAIN.

>> CORRECT. >> OBVIOUSLY THAT HAD NOT HAPPENED IN THE BENEFIT OF A FRENCH DRAIN, YOU DON'T NEED A DITCH, YOU CAN HAVE THE PROPERTY RECLAIMED IF YOU WILL GET THE WATER DRAINS INTO THE GROUND AND PIPED AWAY.

THIS WAS LATE NOVEMBER IF MEMORY SERVES DECEMBER OF WHO DIDN'T DO WHAT, WHAT WASN'T BUILT, HOW DO WE GET TO WHERE WE NEED TO GET THIS ALL RESOLVED AND WHO'S RESPONSIBLE.

WAS THE MA PARTNERS HE WAS SUPPOSED TO DO IT OR MARY TOSH, THEY ACCEPTED THE RESPONSIBILITY AND SAID WE OWN THE LOTS.

WE WILL DO THE FRENCH DRAIN. DESPITE THE CUT DOWN TREES AND THE OTHER THINGS THAT HAPPEN DURING THIS TIME, THE FRENCH DRAIN BEGAN TO BE INSTALLED. OUR INSPECTORS DID INSPECT AT THIS TIME. WE INSPECTED BECAUSE WE INJECTED OURSELVES IN BETWEEN WHAT'S GOING ON.

AND THEY DID NOT INSTALL THE FRENCH DRAIN ACCORDING TO THE

[02:10:02]

THEY HAD TO TEAR ALL BACK OUT IN THE ENGINEER WHO DESIGNED IT ALSO DID NOT FOLLOW ANY OF MY DESIGN.

IT SEEMS LIKE WE HAVE ALIGNMENT ON MARY TAJ BEING WILLING TO GET IT DONE. WE HAVE ALIGNMENT ON MARY TAJ ENGINEER WHO IS RESPONSIBLE FOR THE ULTIMATE DESIGN AND WORKING PROPERLY. BECAUSE THEY'RE THE ONES THE SAMPLE PLANS AND SAY AYE DID THE MATH.

SO WE HAVE ALIGNMENT THERE, WE HAVE OUR INSPECTORS WATCHING THE CONTRACTORS AND WE HAVE ALL OF YOU WATCH IT BECAUSE IT'S ALL IN YOUR BACKYARD. THAT IS WHERE WE ARE AT TODAY.

I DO KNOW THERE ARE OTHER DELIVERABLES ONCE THEY GET THE FRENCH DRAIN INSTALLED THAT THEY HAVE TO DO FOR YOU ALL.

MY UNDERSTANDING THERE IS TREE REPLANTING THAT HAS TO HAPPEN.

ANY OF THOSE TYPES OF THINGS THAT YOU HAVE BEEN PROMISED OR TOLD. IF YOU COULD JUST PUT IN WRITING AND YOU CAN SEND IT TO ME DIRECTLY, THAT IS FINE I WILL PASS IT TO THE INSPECTORS AND ENGINEERING FOLKS SO THAT WAY WE KNOW WE DON'T WALK AWAY FROM IT AND LEAVE THE 85% DONE AND YOU ALL ARE STILL WAITING FOR SOMETHING TO GET FINISHED.

>> SURE. A COUPLE OF QUESTIONS ON THE EXPERIENCE THAT YOU JUST EXP EXPLAIN.

THE WAY THAT I UNDERSTOOD THE DOCUMENTS THAT I FOUND ONLINE WHICH I DISCLOSE TO ALL OF YOU WHICH YOU ALL HAD ACCESS AT THIS POINT. I THINK I NEED CLARITY FROM THE LEGAL STANDPOINT WHICH YOU MAY NOT BE PRACTICING LAW BUT YOU

MAY HAVE A BETTER UNDERSTANDING. >> I PLAY ONE ON TV.

>> I ONLY PLAYED ONE THAT ONE TIME.

THE RESOLUTION BETWEEN THE CITY AND THE DEVELOPMENT WHEN THEY DECIDED TO ACCEPT THE DEVELOPMENT IN THE TURNS OF THAT DEVELOPMENT WHEN THIS IS UNDER THE INFRASTRUCTURE SPECIFICALLY THAT THE CITY WOULD HAVE ULTIMATE RESPONSIBILITY FOR INFRASTRUCTURE INCLUDING DRAINAGE.

WHILE I UNDERSTAND A LOT OF THE DOCUMENTS IN THE UDC THAT I SPENT TIME ON TODAY FOR PAPERWORK IN THAT WAY HAVE DIFFERENT OUTLINES FOR PODS INTO IS ACTUALLY INSPECTING AND WHO IS NOT. ENGINEERING COMPANY THAT'S BEEN HIRED DOES THEIR OWN INSPECTING. IT'S A LITTLE BIT OF A CONFLICT FOR ME PERSONALLY BUT I'M NOT RUNNING THE SHOW.

MY QUESTION IS HOW DOES THAT RESOLUTION BETWEEN THE ORIGINAL DEVELOPER AND THE CITY ASSUMING THE ULTIMATE RESPONSIBILITY, HOW

DOES IT NOT MEAN THAT? >> I'LL DO MY BEST NOT TO GET DUMPED ON THE EAR BY THE ATTORNEY SITTING NEXT TO ME.

THE FIRST THING I WOULD SAY I HAVE TO GO BACK TO THE DIFFERENCE BETWEEN PUBLIC INFRASTRUCTURE AND PRIVATE INFRASTRUCTURE. THE PUBLIC INFRASTRUCTURE IS WHAT WE ACCEPT THAT IS WHAT WE ARE SAYING WE TAKE RESPONSIBILITY FOR BECAUSE WE HAVE TO GO AND FIX IT IF IT BREAKS OR ANY OF THOSE OTHER TYPES OF THINGS.

THIS PARTICULAR IMPROVEMENT, THE DRAINAGE IMPROVEMENT IS EFFECTIVELY A PROPERTY OWNERS ASSOCIATION IMPROVEMENT THAT IS OWNED PRIVATELY AND ISN'T DEDICATED OVER TO THE CITY FOR THE PUBLIC. WE DIDN'T ACCEPT THAT IMPROVEMENT BECAUSE IT WASN'T LISTED AS A PUBLIC IMPROVEMENT.

>> JAMES IF YOU COULD EXPLAIN WHAT AN EXAMPLE OF A PUBLIC

IMPROVEMENT. >> STICKING WITH DRAINAGE, THE STORM INLETS IN THE STORM BOXES, IT COULD EVEN BE THE DRAINAGE WAYS THAT ARE CONVEYING THE WATER OUT OF THE DEVELOPMENT INTO THE DETENTION POND. IT COULD BE THE DETENTION POND.

IT COULD BE THE DRAINAGE WAY FROM THE DETENTION POND TO THE CREEK. IT IS RELATIVE BUT GENERALLY SPEAKING THE HARD THINGS THAT ARE BUILT LIKE GENERALLY A FRENCH DRAIN HARD I'M TALKING ABOUT THE CONCRETE AND STORM DRAINS UNDER THE ROAD THAT IS A DRAINAGE WAY THAT THE CITY HAS EXPECTED RESPONSIBILITY FOR VERSUS SOMETHING LIKE DETENTION PONDS WE DON'T ALWAYS ACCEPT THE DETENTION PONDS BECAUSE SOMETIMES THE DEVELOPER MAINTAINS THE DETENTION POND AND MAINTAINS TO UPKEEP IT WITH THE PROPERTY OWNERS ASSOCIATION.

SOMETIMES THOSE ARE BACK-AND-FORTH AND WE MAY HAVE AN EASEMENT OVER IT AND NOT THE ACTUAL STRUCTURE ITSELF.

>> WHAT I'M UNDERSTANDING YOU TO SAY, BECAUSE THIS IS A PRIVATE EASEMENT ON PRIVATELY PROPERTY, THOSE PEOPLE IN THOSE RESIDENTS ARE RESPONSIBLE FOR MAINTAINING ACCESS TO THE EASEMENT AND MAINTAINING IT TO BE CLEAR AND NOT PLANT TREES OVER IT AND MAKE

[02:15:01]

I WOULD OBVIOUSLY BE AN EXTREME SITUATION BUT IT DOESN'T FEEL

REAL EXTREME RIGHT NOW. >> I KNOW IT DOES IT.

>> I COMPLETELY KNEW IT DOESN'T. >> I WOULD INTERPRET THAT THE SAME WAY. IT IS ULTIMATELY THE PROPERTY OWNERS ASSOCIATION RESPONSIBILITY AND/OR THE PROPERTY OWNERS WHO HAVE THAT IN THEIR YARD OR PURVIEW OR IN THEIR LOT OR HOW YOU WANTED TO FIND THAT.

IF SOMEONE WERE TO ENCROACH UPON THE EASEMENT EASEMENTS ARE IN SUCH A WAY AS TO ALLOW WHOEVER IS OWNING THE EASEMENT THE ABILITY TO GO WHEN AND DO WHATEVER NEEDS TO BE DONE AND WHATEVER NEEDS TO BE MAINTAINED IN THE EASEMENT.

YOU SEE IT WHEN YOU SEE PIPELINE EASEMENTS AND THERE'S TREES OVERHEARING TREES OVER THERE BUT A SWATH OF CUT GRASS IN BETWEEN.

YOU'LL SEE THAT, THAT'S ON BY THE CITY BUT THAT THE PRIVATELY OWNED EASEMENT. YOU CAN SEE THAT HERE BUT I THINK IT IS GOING IN THEIR BACKYARDS.

>> IT IS DEFINITELY GOING TO THE BACKYARD.

>> IT UP REQUIRE THE POA TO CONSTANTLY GET IN THERE AND LOOK AND MAINTAIN IT. THE LAST THING I HAVE TO SAY THIS IS OVER INTO THE LEGAL A AREA.

WHENEVER THERE ARE DISAGREEMENTS BETWEEN PROPERTY OWNERS THAT IS GENERALLY A CIVIL MATTER BETWEEN PROPERTY OWNERS, THAT'S WHAT I'M SAYING GENERALLY THE GOVERNMENT STEPPING IN HIS RESERVE FOR THE THINGS OF LOSS OF LIFE IN THOSE TYPES OF SCENARIOS.

IF THIS WERE A PUBLIC IMPROVEMENT THAT DIDN'T GET BUILT THEY WOULD BE ALL OF US 100%.

SINCE IT'S A PRIVATE ONE ALWAYS BEEN DOING WHAT WE CAN SERVE AS MEDIATORS AND TRY TO LEVERAGE MARY TOSH BECAUSE MARY TOSH NEEDS TO KEEP A GOOD RELATIONSHIP FOR US IN THE OTHER STUFF THAT THEY'RE DOING. WE'VE BEEN SERVING AS A MEDIATOR TO TRY TO GET THE FRENCH DRAIN INSTALLED IN THE SITUATION

RESOLVED. >> PUBLIC IMPROVEMENTS.

>> WHEN WERE ACCEPTING PUBLIC IMPROVEMENTS.

THE STORM BOXES IN THE STREET DRAINAGE THAT WAS ALL THE PLANS THAT WERE DESIGNED AND IMPROVED BY THE CITY THEY WERE LOOKED AT AND SOME OF THE CITY SAID YEAH THAT'S OKAY.

THERE IS SOME KIND OF PROCESS LIKE THAT.

>> THE WAY THAT THAT WORKS. THANK YOU ALL FOR ENTERTAINING ME AND LET ME EXPLAIN THINGS, MAY BE BEYOND WHAT YOU DON'T EVEN REALLY CARE BUT A CITY RECEIVES ENGINEER DOCUMENTS.

OUR ENGINEER IS NOT ENGINEERING THE DOCUMENTS.

DOLLAR ENGINEER IS DOING IS CHECKING THE ENGINEER THAT THEY FOLLOWED WHATEVER OUR CODE REQUIRES ON AND SO FORTH.

IT IS THERE ENGINEER THAT IS PUTTING THEIR LICENSE ON THE LINE BY STAMPING AND S SAYING WE DID ALL THE MATH AND GUARANTEEING MY MATH IS RIGHT AND WHEN THEY STAMP IT THAT'S THE LIABILITY. WE'RE CHECKING TO MAKE SURE THERE IS NOTHING EGREGIOUS OR OUTSTANDING.

WERE NOT REDOING THE MATH AND REDESIGNING IT AND SAYING I WOULD'VE DESIGNED IT THAT WAY. THAT'S NOT HOW THE PROCESS WORKS WE SIMPLY REVIEW WHAT THEY DO AGAINST OUR RULES.

TO YOUR QUESTION WHENEVER THE DEVELOPER ENGINEER SUBMITS THE PLANS, WE REVIEW THEM AGAINST OUR CODES AND OUR SPECS AND WE INSPECT THE PUBLIC IMPROVEMENTS TO, WE INSPECT THE PUBLIC INSPECTORS WHO ARE SPECIFICALLY INSPECTING THE ROADS, THE SIDEWALKS, THE CURBS, THE DRAINAGE BOXES, SO, SO ON AND O FORTH EXPECTING TO MAKE SUGAR BEING BUILT TO COMPLIANCE WITH

THE PLANS THAT WERE SUBMITTED. >> PART OF THAT RIGHT THERE.

WERE MAKING TO THE BOXES AND STUFF ARE PUT IN BASED ON THE WAY THE PLANS WERE INSPECTED. WE WILL BE THE ONLY CITY IN CENTRAL TEXAS FACTUALLY NOTICE THAT DOES NOT DIG INTO THE WEEDS ON SOME OF THIS ENGINEERING. IF YOU ONLY TAKEN ENGINEERS WORK IN SOME ENGINEERS GET IN A AND SOME BARELY PASS COLLEGE.

YOU TAKE THERE THING THAT THEY STAMP AND SEND IT TO THE CITY.

THIS MEANS HUTTO IS ONLY CITY THAT DOESN'T GO BACK, THEY JUST GOT DONE DOING A WASTE WILDLIFE AND EVERY INCH OF THE THING, YOU NEED TO MOVE IT UP A FOOT YOU NEED TO MOVE THIS DOWN THE CITY IS COMMENTING ON EVERYTHING AND AT THE END OF THAT UNLIKE THERE IN IT. WHAT I'M HEARING YOU SAY SOUNDS LIKE AS A HOMEOWNER YOU DO STILL NEED TO DO A TITLE SEARCH, YOU SURVEY THE PROPERTY YOU NEED TO HIRE A STRUCTURAL ENGINEER TO GO OUT AND CHECK THE FFE OF THE HOUSE AND MAKE SURE HIS BILL ACCORDINGLY TO AND ALL THIS DONE.

THE CITY IN MY MIND WHEN WE SEE NEIGHBORHOOD PLANS AS MUCH AS I

[02:20:03]

THE CITY OWES IT TO THE PEOPLE WHO PAY THE TAXES TO LOOK AND SAY, HEY BUILDER THIS IS NOT GOING TO WORK I'M GOING TO FLOW RIGHT AND KICK IT BACK. EVERY OTHER CITY BACK THERE AND GET A TELL YOU NOW I CAN SHOW YOU THE COMMENTS.

EVERY OTHER CITY OUT THERE DOES THAT FROM AUSTIN TO GROUND ROCK TO GEORGETOWN. YOU WOULD BE SURPRISED THAT THE LITTLE THINGS AND HAS NOTHING TO DO WITH UDC, HAS TO DO WITH SOME ENGINEER MAKING SURE. I HEAR THIS THAT WE SAW THE PLANS AND WERE JUST TAKING THE PUBLIC IMPROVEMENTS, THEY DID NOT GRADE THE LOCKS RIGHT, HOW DO WE KNOW THE STORM BOXES ARE PUT IN RIGHT. ARE THEY 2 FEET OFF AND 2 FEET HIGHER, ARE THE CORRECTLY. THAT SAY WE TELL TARA AND EVERYBODY THAT YOU GUYS ARE ON YOUR OWN AND FIGURED OUT AND WERE DONE. THE WATER CONTINUALLY OVERFLOWING THE CURB LINE IS GOING TO BE LIKE BROOKLYN'S.

IT CAN END UP DETERIORATING A ROAD IT'S GOING TO DETERIORATE OVER 1660. I SEE THIS WHERE IT'S EASY TO SAY IT IS NOT IDEAL BUT TO ME EVERY DRAINAGE CHANNEL THAT GOES THROUGH THE HOA IN THE DETENTION POND PRETTY FOR NOT TAKING THE TIME TO MAKE SURE THIS ENGINEER IS DOING IT RIGHT.

ALL WERE DOING I DON'T KNOW WHY WERE INSPECTING THINGS OF THE CITY YOU BUILD WHAT YOU WANT TO BUILD AND GO ABOUT YOUR WAY.

I KNOW IT'S TOUGH BECAUSE YOU WEREN'T HERE WE HAVE A NEW ENGINEER. THAT'S A WAY OF LOOKING GOVERNMENT TO MAKE SURE THAT FREAKING HOUSE IS BUILT AT THE RIGHT LEVEL. NOT THAT THEY PUT THE DOOR ON THE RIGHT SPOT IN THE LIGHT SWITCHES ON THE RIGHT WALL BUT TO MAKE SURE THE BASIC THINGS THAT THE HOMEOWNER WALKS IN.

EVEN A NEW HOMEOWNER IS GETTING MESSED UP BUT WHAT ABOUT THE PEOPLE MINDING THEIR OWN BUSINESS AND ALL OF A SUDDEN WE APPROVE THE NEIGHBORHOOD BY THEM AND IT'S FLOODING THEM AND I SAW AN E-MAIL YOU HAVE TO GOING GET AN INSURANCE CLAIM.

THAT WOULD INFURIATE ME AS A PERSON AND THAT'S THE THINGS WHATEVER YOU HAVE TO DO WITH THE SHUTDOWN MERITAGE, MA PARTNERS.

WHATEVER WE HAVE TO DO WE HAVE TO START STANDING UP TO SOME OF THIS INSTEAD OF TAKING THE EASY ROAD.

IT'S GOTTA BE SOMETHING WE CAN DO.

I'LL FINISH WITH THIS, NO OTHER CITY, YOU CAN FOLLOW THE RULES AND AUSTIN AS A POWER TRIP. I'M NOT SUGGESTING THAT BUT I AM SUGGESTING WE HAVE MORE POWER TO DICTATE PEOPLE TO DO CERTAIN THINGS IF WE DON'T LIKE IT, I KNOW YOU SAID BEFORE, YOU GUYS CAN POLITICALLY HANDLE IT. I CAN HANDLE A LOT OF STUFF POLITICALLY, TRUST ME. IF IT'S A BUILDER OR DEVELOPER THAT IS NOT FOLLOWING SOME REGULAR CODE OF WORK AND YOU SHUT THEM DOWN, I DON'T REALLY CARE.

THEY MESSED UP THE CO-OP AND THEY DON'T PASS THE MONEY THEY DON'T BUILD NOTHING. POLITICALLY THERE'S NOTHING YOU HAVE TO DO TO HELP THEM OUT. I PERSONALLY CARE LESS AND ON ABOUT THE REST OF THE COUNCIL BUT THEY'RE PROBABLY NOT TOO CONCERNED ABOUT MA PARTNERS AND FEELINGS AT THIS POINT.

>> AND I ASK ONE QUESTION. >> THE FIRST TIME IS PROBABLY CLOSE TO TWO YEARS AGO THE FIRST TIME THAT IT FLOODED AND IT FLOODED. WHEN THEY CAME OUT THAT SAME DAY BECAUSE I CALLED THE CITY I DID NOT KNOW WHAT TO DO.

THEY NEVER SAW ANYTHING LIKE IT. IT'S HARD UNLESS YOU SEE IT IT IS HARD TO PICTURE. I HAVE WAVES BUT ANYHOW, THE CITY WAS OUT THERE THAT DAY WHEN THE DITCH WAS BEING DUG.

THE CITIES ALL MY PROPERTY, THERE WAS NO HOUSE IN BACK OF ME YET. I DON'T REMEMBER WHO FROM THE CITY BUT THE CITY WAS VERY MUCH INVOLVED ON WHAT WAS GOING ON ON THE OTHER SIDE. SO THAT'S WHY IT DOESN'T MAKE SENSE TO ME SO YOU SAW THEM DIG A DITCH WHOEVER WAS OUT THERE.

I KNOW FOR A FACT THAT THEY WERE AND WALK AWAY FROM IT AND DON'T MAKE SURE. THE TIME HAD 26 TREES I CAN SEE WHAT WAS GOING ON AND WHAT HAPPENED.

THEN NOW I HAVE NOT AND THAT'S BESIDES THE POINT.

THE QUESTION IS DOES THE CITY WALK AWAY, YOU GUYS WERE OUT THERE. THE CITY WAS OUT THERE WATCHING THEM DIG THIS DITCH, TALKING WITH ME AND MEETING WITH ME.

[02:25:01]

I HAVE NO IDEA UNTIL THE NEXT FLOOD, I HAVE NO CLUE UNTIL IT HAPPENS AGAIN BUT SHOULDN'T THE CITY HAVE BEEN WATCHING THAT.

>> MAYBE THAT'S WHY IN MY OPINION YOU HAVE SEEN SOME LEADERSHIP CHANGES THAT OCCURRED BECAUSE WE HAVE LIVE LOOKS LIKE THIS. HOW DO YOU BUILD A THRUWAY ROAD AND OFFSET, I THINK THAT'S WHAT YOU SAW SOME CHANGES HAPPEN BECAUSE THINGS LIKE THAT WERE OCCURRING AND I FELT SORRY FOR JAMES BECAUSE WERE ALL GOOD GO BACK AND BEAT UP ON HIM FOR THE NEXT SIX MONTHS BECAUSE EVERYTHING THAT IS WRONG TODAY

IS NOT HIS FAULT. >> EVERYTHING THAT WAS RIGHT FOR THE OTHER GUYS IS ALSO NOW YOU ARE WHEN THAT'S THE WASHING OF THE HANDS. I TELL YOU WHAT IT FEELS LIKE ON

THE SIDE. >> NO, I WENT LIKE THIS.

>> WE FORGET THE SUCCESS REAL QUICK.

>> IT'S EASY TO FOCUS, OKAY. I'LL BE THE FIRST ONE TO SAY AYE LIKE TO PLAY AND HEIR TO THE SIDE OF FAIRNESS.

LIKE I SAID I'M THRILLED MERITAGE IS BACK TO DOING WHAT THEY'RE DOING. ALTHOUGH MY 6-YEAR-OLD IS OBSESSED WITH ALL THINGS BUILDING AND YOU GUYS ARE CRAZY IF YOU THINK THEY ONLY PULL THAT ONE TIME.

THEY REBUILT THE DRAINAGE SIX TIMES.

HE LIKES TO CHECK IT EVERY DAY. IT'S LIKE A SAINT.

I TELL YOU WHAT IT FEELS LIKE ON THE SIDE IS THE EQUIVALENT OF HAVING AN 18 OR A 19-YEAR-OLD KID THAT YOU GIVE YOUR CAR TO AND THEY GO AROUND TOWN AND THEY RUN INTO CARS AND RUN RED LIGHTS AND NOBODY EVER CATCHES THEM BUT BECAUSE YOU OWN THE VEHICLE AND YOU ARE THE TITLEHOLDER OF THE VEHICLE AND YOU HOLD THE INSURANCE THE LAW DOES NOT CARE THAT IT WAS YOUR KID DRIVING.

THAT WAS YOUR RESPONSIBILITY TO TAKE CARE OF IN THE SECONDARY BUT THE LAW WILL COME TO YOU AS A RESPONSIBLE PARTY AND WHAT IT FEELS LIKE THE CITY HAS A RESPONSIBLE PARTY SAYING BEST OF LUCK, GO FIND THEM. I'M SURE YOU'LL DO GREAT WHEN YOU FIND THEM. HE'LL PROBABLY SAY OKAY AND LET MERITAGE DECIDE HOW THEY WANT TO HANDLE THIS WHICH I CAN TELL YOU FROM MYSELF, MARCY, MARLA, LACEY, MY HUSBAND.

THE AMOUNT OF BLATANTLY DISRESPECTFUL COMMENTS THAT I WANT SPEAK TO THEM ANYMORE. PLEASE DON'T CALL, DON'T WRITE.

I'VE BEEN TOLD PERSONALLY THAT I DID NOT SUSTAIN ANY DAMAGE AND THIS WON'T BE AN INCONVENIENCE AND THERE'S NOTHING FOR ME TO BE CONCERNED ABOUT AT ALL. I KNOW MARLA WAS TOLD WHEN SHE SHOWED THEM VIDEOS OF AN ACTUAL FLOW OF WATER THROUGH HER POLE BARN WHERE THERE IS NOW A DIRT TRAIL THAT LOOKS LIKE A RIVER, A DRY RIVERBED, SHE HAD NOT BEEN INCONVENIENCED.

WHAT OF ALL MY RUINS, TOOLS, AIR COMPRESSOR, MY VINTAGE CAR.

WHAT ARE WE GOING TO COMPENSATE YOU FOR AND LEFT.

THE AMOUNT PLAYING DISRESPECT TOWARDS US BRINGS US EVEN FURTHER CLOSER TO YOU GUYS LIKE I SAID AS THE STEWARDS OF THE COMMUNITY WE ARE LOOKING TO YOU TO MAKE RESOLUTION.

I RECOGNIZE THIS IS NOT NECESSARY LIABILITY FOR YOU.

I STILL FIND IT DIFFICULT WHEN YOU START INVOLVING YOURSELF BY DOING THE INSPECTIONS THAT YOU ARE NOT INHERENTLY TAKING ON LIABILITY BY PARTICIPATING BUT THAT IS FOR THE LEGAL LADY, NOT FOR US. AS FAR AS STEWARDING THE PROJECT WERE LOOKING TO YOU GUYS FOR LEADERSHIP AND IT IS FALLING FLAT AT THIS MOMENT. WE ARE LOOKING FOR THE LIABILITY PIECE SO OUR PROPERTIES CAN BE MADE WHOLE.

NOBODY HERE IS LOOKING FOR ANY SORT OF GREAT PAYDAY BUT I ALSO DON'T THINK ANY OF US HAVE ANY CONFIDENCE WHATSOEVER THAT MERITAGE WOULD BE CAPABLE OF COMPLETING THE WORK NEEDED TO MAKE IN OUR PROPERTIES WHOLE WITHOUT MAKING A BIGGER PROBLEM IN THE PROCESS. WHICH I'M PERSONALLY NOT WILLING TO GO THROUGH AT ALL NOT EVEN A LITTLE BIT.

I PAID $1200 TO HAVE A NEW SURVEY DONE IN THE FASTEST MOST EXPEDITED TIMELINE TO MAKE SURE WE ALL AGREE WHERE THE FENCE LINE WAS AND I CAME HOME THREE DAYS AGO, THEY SHOULD HAVE NO CONTACT WITH MY PROPERTY WHATSOEVER, THEY PULLED A TREE STUMP OUT OF MY YARD AND REMOVE MY BRAND-NEW SURVEY STAKES.

GREAT, THAT WAS $300, CAN HAVE A NEW ONE.

IT IS THE GIFT THAT KEEPS GIVING.

>> IF I COULD ASK THE CITY MANAGER TO RESPOND TO THE MAYOR'S COMMENTS TO WHAT HE SAID AFTER WHAT YOU SAID AND THAT I

HAVE A FOLLOW-UP QUESTION. >> THE SHORT ANSWER IS, I DON'T KNOW THE WAY THAT I PHRASED IT AND HIGHLIGHTS THE LEVEL OF

[02:30:08]

I'M TALKING ABOUT DEVELOPMENT AS A WHOLE NOT THIS SPECIFICALLY.

THAT DOESN'T MEAN THAT WERE NOT DOING ALL THOSE THINGS THAT THE MAYOR WAS SAYING. THE CITY ENGINEER TAKES PLANS AND GIVES COMMENTS BACK. FOR THEIR ENGINEER.

THAT'S THE DIFFERENCE. IN MY WORK ON THIS PROJECT, THE ORIGINAL PLOTTING HAD THE DRAINAGE AND THE ELEVATIONS IN THERE FROM THE VERY, VERY BEGINNING AS SOON AS THEY STARTED BUILDING THEY FILLED IN THE DITCH.

>> NO, THEY DID NOT TAKE IT. THAT'S HOW WE FLOODED IN THE FIRST PLACE. AS MY UNDERSTANDING AS THE UDC AND THE TEXAS CODE THAT ARE LINKED TO THE UDC.

THOSE THINGS HAVE TO BE COMPLETED BEFORE THEY CAN FRAME UP THE FIRST FOUNDATION. HOW IS IT, THAT IS THE GIFT THAT KEEPS ON GIVING OF THIS PROJECT. THERE ARE SO MANY POINTS IT FEELS LIKE FAILURE AND AT THIS POINT I FEEL IF EVEN IF ALL THE RESPONSIBILITIES FALL TO MERITAGE WHICH MAY BE THE CASE.

AT THIS POINT THEY FAILED SO CONSECUTIVELY FOR SUCH A LONG TIME, AGAIN WE LOOK TO THE CITY TO STEPAN AND BEER CHAMPION.

>> I FEEL LIKE THAT IS WHAT WERE DOING BY BEING ACTIVELY INVOLVED IN GETTING THIS RESOLVED NOW. MAYBE THERE'S DIFFERENT WAYS OF DEFINING CHAMPION. THE THING I CAN'T ANSWER HOW IT DID NOT GET DONE IN THE FIRST PLACE THERE IS NOBODY TO TALK TO THAT WAS HERE NO DOCUMENTATION THAT SAYS THIS IS WHY.

I CAN SPECULATE ANY NUMBER OF THINGS AND MAYBE I WOULD HIT IT RIGHT OR MAYBE NOT. WHAT I CAN SAY SINCE I BEEN MADE AWARE WE'VE BEEN TRYING TO GET THE RESOLUTION BECAUSE YOU'RE RIGHT. FOR SHOWS THAT SUPPOSED TO BE THERE AND IT'S NOT THERE AND IT'S OBVIOUSLY CAUSING A PROBLEM AND NEED TO BE TAKEN CARE OF. IF IT CAUSES A PROBLEM FOR MCINTOSH BECAUSE THEY TRANSFERRED THE HOMES TO OTHER INDIVIDUALS WHO ARE ALSO BEING IMPACTED.

>> TREMENDOUSLY. >> FIVE OUT OF SEVEN LOTS HAVE TO HAVE IRRIGATION COMPLETELY REDONE.

THERE'S PIPES STICKING OUT. >> YOU SAY IF IT'S OBVIOUSLY SUPPOSED TO BE ON THEIR AND CAUSING A PROBLEM.

MY EXPERIENCE IF IT'S SUPPOSED TO BE ON THEIR AND YOU GETTING THE RED TAGGED AT SOME POINT. SOMEONE'S GOING BACK IS NOT WHETHER THE PROBLEM OR NOT, I DON'T CARE ABOUT YOUR PROBLEMS YOU'RE SUPPOSED TO HAVE A DITCH THIS YEAR.

>> OF THE SAINT IT'S MORE OBVIOUS.

>> THAT'S WHAT I THINK THAT THERE WANTING.

IT'S TOO LATE FOR THEM BUT THE NEXT NEIGHBORHOOD SOMEONE IS GOING TO SEND THEIR SUPPOSED TO BE AN INLET.

BECAUSE THERE IS NOT AN INLET I GUESS YOU HAVE TO DIG UP THE ENTIRE CUL-DE-SAC, REGRADE EVERYTHING.

I KNOW POLITICALLY DOES NOT BOTHER ME FOR THE BUILDER IT IS A LEARNED LESSON. I THINK THIS IS WHAT HAPPENS IN HUTTO. WE DON'T PAY MUCH ATTENTION TO DETAILS HISTORICALLY. YOU DO WHAT YOU CAN AND YOU GET CAUGHT A LITTLE BIT BUT YOU SAY. I THINK WE NEED TO MOVE MORE INTO HUTTO IS TOUGH YOU DON'T MOVE SOME CERTAIN THINGS SO-AND-SO HAD TO DIG UP THE ENTIRE RESIDENTIAL REAL BECAUSE WITH 1 FOOT ABOVE WHERE THEY HAD ORIGINALLY PLANTED.

IT'S GOING TO SUCK FOR THOSE GUYS BUT IF THEY DON'T SELL SINGLE HOME ON THAT STREET THAT'S ONE PROBLEM WE DON'T HAVE TO FIX FIVE YEARS FROM NOW. THAT'S WHERE I THINK THE CITY CAN COME IN AND GOING FORWARD CAN PLAY TOUGH.

YOU PERMITTED PLANS AND EVERYBODY KNOWS HOW I AM.

IT'S GOTTA BE BLACK-AND-WHITE. IF IT IS SUPPOSED TO BE A CERTAIN WAY, I DON'T CARE ABOUT YOUR PROBLEM, BUILD IT THAT WAY AND IF YOU WANT TO AND DIFFERENT WAY THEN YOU NEED TO RESUBMIT TO THE CITY AND THE CITY CAN BE COMMENTS ON EVERYTHING BASED ON THAT BUT I THINK WHAT HAPPENS TO MANY FIELD CHANGES IN THE LAST THING I'LL SAY ON THIS PARTICULAR THING BEFORE SOME PEOPLE WERE MAKING FIELD CHANGES, I DON'T KNOW IF THEY WERE QUALIFIED FROM THE CITY TO BE DOING THOSE.

ONE THING THAT JAMES BROUGHT IN, PEOPLE WITH ACTUAL DEGREES AND EXPERIENCE IN THE FIELDS, THIS IS A HELP WE DID THREE YEARS AGO

IN TWO YEARS AGO. >> I WANT TO BE CLEAR PLEASE DON'T SPEND TIME OR ENERGY TRYING TO FIGURE OUT WHERE THE FINGER POINTS. IT DOES NOT MATTER WHO DID NOT GET IT DONE. IT'S JUST THAT IS GETTING DONE AND WHO'S GOING TO MAKE IT RIGHT WHICH IS THE SECOND PIECE.

THAT IS A LIABILITY PIECE, WHO'S GOING TO TAKE IT ON THE CHIN TO FIX WHAT IS BEEN BROKEN. LIKE I SAID WERE ALL VERY

[02:35:01]

I HOPE IT STAYS THE SAME WHEN THEY COVER BACKUP.

BUT THE NEXT PIECE IS NOT NECESSARILY ASSIGNING BLAME IN THE SENSE THAT I WANT TO KNOW WHO'S RESPONSIBLE AND THE LIABILITY FALLS TO HIS FINANCIALLY RESPONSIBLE FOR THE DAMAGE. THAT IS THE PEACE THAT SEEMS TO BE THE BUCK THAT NOBODY WANTS TO PICK UP.

AS IT MAY, MERITAGE, THE CITY OF HUTTO.

AS I MENTIONED IN MY E-MAIL TO THE COUNCIL.

I CANNOT IMAGINE A SITUATION WHERE THE FINANCIAL BURDEN WOULD FALL TO THE CITIZENS FOR THE MISTAKES OF THE DEVELOPMENT AND ALL THESE INSPECTIONS AND ALL THE GROWTH THAT IT WOULD BE A FINANCIAL BURDEN TO RETAIN REPRESENTATION AND GO FORWARD TO MERITAGE THAT WOULD VARIOUS FOR WHO EVEN KNOWS HOW LONG BEFORE PROPERTIES WOULD EVER BE ABLE TO BE MADE WHOLE.

THAT IS AGAIN WHY A CALL TO THE CITY WHAT IS NEXT.

HOW DO WE GET HELP AND SUPPORT. >> I JUST WANT TO SAY EVEN AFTER. I'M SORRY FOR WHAT YOU GUYS HAVE GONE THROUGH. WHEN I FIRST CAME INTO CITY HALL THIS WAS A BIG ISSUE FOR US AND DEBBIE HOLLAND AS WELL, WE FLOODED IN OLD TOWN INSANELY, THE FIRST NIGHT IN MY HOUSE I HAD A MOAT. AND THEN THEY DUG THE DITCHES.

WHEN DURANGO CAME IN AND MADE THE PROMISE THEY WERE GOING TO BE ABLE TO ROUTE ALL THE WATER NORTH TO THE DETENTION POND.

I'M NOT AN ENGINEER DID NOT MAKE SENSE AND I WANT TO APOLOGIZE.

I THINK THEY FOCUSED ON MAKING THE OLD TOWN RESIDENTS HAPPY BECAUSE WE DON'T FLOOD ANYMORE FOR ALL THAT WATER WENT TO YOU

ALL INSTEAD OF US. >> WE ARE OLD TOWN TO.

IT WENT UP A LITTLE. >> I GUESS I SHOULD SAY I WAS OUTSPOKEN BROKEN WHEEL THAT KEPT COMPLAINING ABOUT IT AND I CAN'T SPEAK THAT WAS THE INTENTION IT LOOKS TO ME THAT THEY FIX THE AREA THAT WOULD KEEP THE WATER FROM COMING IN TE STREET IN HUTTO STREET BUT IT STOPPED WITH THE WALL AND IT DID NOT CONTINUE THE WAY THAT THEY PROMISED THE WAY THAT THEY WERE GOING TO DO IT. I FEEL FOR YOU MARCY I'M SO SORRY ABOUT YOUR TREES IN YOUR DOG.

HAVING SEEN IT BEFORE AND AFTER. >> THERE IS TRUE DAMAGE.

>> THERE IS TRUE DAMAGE. >> I GOT THREE ESTIMATES.

>> DID YOU WALK DOWNHILL. >> YOUR DECK IS NOT LEVEL.

YOU SHOWED ME PICTURES OF WHAT YOUR YARD LOOKED LIKE BEFORE AND AFTER AND IT LOOKS LIKE A WAR ZONE.

YOU DON'T NOTE THE SAME YARD OR HOUSE.

>> ETIQUETTES I THINK IT IS TAKE AWAY.

HAVING OUR OUTBUILDINGS IN OUR SHED IN HER DECK AND ALL OF THOSE THINGS TAKEN INTO ACCOUNT THAT IF SUFFERED TREMENDOUS DAMAGE BRINGS TO THE NEXT PIECE. THE CITY DOESN'T WANT TO TAKE RESPONSIBILITY OR IS NOT RESPONSIBLE FOR THE INFRASTRUCTURE THAT IS PRIVATELY HELD.

MERITAGE IS GOING TO BUILD. UNTIL WE CANNOT BREATHE ANYMORE.

MY UNDERSTANDING THERE IS IN A SURETY BOND ON THIS PROJECT CAN WE NOT CALL THAT BOND AND FORCE THE BOND TO REIMBURSE FOR

DAMAGE. >> IT DOESN'T REIMBURSE FOR

DAMAGE. >> IT ONLY GOES TO FIX THE INFRASTRUCTURE. THERE WOULDN'T BE A BOND ON THE

PRIVATE DRAINAGE SYSTEM. >> I'VE BEEN MADE AWARE THERE IS A BOND OF THE PROJECT. I'M CURIOUS.

>> FOR THE PUBLIC INFRASTRUCTURE CENSUS WAS PROJECT AND HE CAN CHECK AND SEE AND I THINK IS A BOND OF THE PRIVATE DRAINAGE.

>> I HAVE A QUESTION FROM A LEGAL ONE REMEDY, NOT THAT IS WHERE YOU WANT TO GO BUT YOU HAVE HOMEOWNERS INSURANCE I'M ASSUMING ON YOUR HOUSES SO IF YOU FILE A CLAIM FOR YOUR DAMAGES THEY WOULD THEN GO BACK TO MERITAGE TO GET RESTORED

BACK. >> YOU SAY AND HAVE OUR PERSONAL HOMEOWNERSHIP AND THE HOMEOWNERS SUBROGATION WITH MERITAGE AND GO FOR REIMBURSEMENT? - THAT'S WHAT I'M THINKING.

IF YOU GIVE THE EXAMPLE OF THE CAR.

IF MY CAR HITS YOU I DON'T PAY YOUR THING.

I GO WITH MY INSURANCE COMPANY AND THEY LOOK INSPECT AND SEE WHO'S INVOLVED IN DOES YOUR INSURANCE COMPANY PAY OR DOES MY INSURANCE COMPANY PAY, YOUR INSURANCE COMPANIES PAYS MY PREMIUM DID NOT GO UP SO YOU DON'T GET TIED IN THE LEGAL THAT MAY BE A REMEDY TO GO FORWARD I DON'T KNOW THE SITUATION BUT IT

[02:40:01]

>> UNDERSTAND WHAT YOU'RE SAYING BUT THAT'S A GOOD ANALOGY IN THE PARTICULAR INSTANCE THAT HOMEOWNERS INSURANCE WOULD COVER THE DAMAGE TO THEIR HOME IN THE OTHER PART WOULDN'T.

IN THAT CASE OF THE TREE DAMAGE CAUSED FROM SOMEONE ELSE'S PROPERTY ONTO YOUR PROPERTY AND THAT TYPE OF WAY YOUR HOMEOWNERS INSURANCE WOULD PAY YOUR PORTION, THERE HOMEOWNERS WOULD NOT PAY FOR DAMAGES TO YOUR PROPERTY UNLESS IT KNOCKED YOUR HOUSE DOWN IN WHICH CASE IT PROBABLY STILL WOULD HAVE TO GO TO YOUR HOMEOWNERS INSURANCE, THAT'S MY UNDERSTANDING OF THE.

>> THAT'S MASTERMINDING AND I HAVEN'T THOUGHT OF IT UNTIL RIGHT NOW THAT IS WHAT IS IN MY HEAD WOULD HAPPEN AND SAY YOU HAVE NO COVERAGE BECAUSE THIS WAS CAUSED BY SOMEONE ELSE.

I HAVE REQUESTED MERITAGE, THE CERTIFICATE OF INSURANCE, THEY ARE STALLING AS TO BE EXPECTED. HOPEFULLY THEY WILL HAVE 10 DAYS

LIKE THE NICE LADY WAS SAYING. >> I MAY BE SPEAKING OUT OF TERM WHEN DEVELOPERS ARE DOING WORK INSIDE OF THE CITY WE HAVE TO PROVIDE A CERTIFICATE OF INSURANCE TO THE CITY.

>> I READ I DON'T KNOW IF IT WAS ON THE TEXAS LEGAL SIDE OR ON THE UCD. ACTUALLY HAS TO BE MADE PUBLICLY AWARE. HAS TO HAVE A CONTACT PERSON, AND ADDRESS, HAS TO HAVE EVERYTHING ON IT.

DOES ANYBODY KNOW WHERE THAT IS. ASKING FOR INSURANCE WE CAN

CHECK OUR FILES. >> ONLY BY PROPERTY OWNERS THAT WILL NOT PROPERTY. THAT IS A PRIVATE CIVIL MATTER.

THERE IS MORE THAN ONE OF YOU. THIS IS NOT LEGAL ADVICE BUT THAT WOULD BE WHERE YOU CAN GET YOUR COLLATERAL DAMAGE ADDRESS.

>> THAT'S DEFINITELY BEEN DISCUSSED.

SHOULD WE HAVE TO GET PUSHED TO A POINT OF NEEDING REPRESENTATION WE ALL HAVE TO DO IT TOGETHER.

HAS TO BE A CLASS-ACTION. >> NOW THE TEMPERATURE STUFF OVER THERE, AS YOU SAID IF THEY'RE NOT WILLING TO GIVE YOU THEIR CERTIFICATE OF INSURANCE OR DO ANYTHING LIKE THAT.

YOU NEED TO GO THE NEXT STEP AND IT'S NOT HERE AND WE CAN DO THAT

FOR YOU. >> MY FOLLOW-UP QUESTION FOR THE CITY MANAGER AND IF I DON'T KNOW IF THIS IS POSSIBLE BECAUSE OF THE LOCATION WHERE THE FRENCH DRAIN IS.

WOULD IT BE POSSIBLE FOR US TO CONVERT THAT INTO A PUBLIC IMPROVEMENT AND TAKE IT ONTO A PUBLIC AND PROV IMPROVEMENT.

HERE'S WHAT ISAAC WOULD HAVE TO HAPPEN.

ONE EACH OF THE INDIVIDUAL PROPERTY OWNERS WHO THE EASEMENT IS ON WOULD HAVE TO AGREE TO THE CONVEYANCE AND WHO OWNS THE AGREEMENT WOULD HAVE TO AGREE TO THE CONVEYANCE.

WE GET SHOW PUBLIC BENEFIT FOR US TO TAKE IT AND ACCEPT IT.

THOSE ARE THE THREE HURDLES I THINK WE WOULD HAVE TO GO OVER.

>> I THINK OTHER CHALLENGES WERE ATTACKED, IT'S IN THE BACKYARD.

>> FITS MY EASEMENT ON MOVING THOSE UP THAT COULD BE MY NEXT

COMMENT. >> ANOTHER THING I WAS GOING TO MENTION, MERITAGE SAW THIS ON THE AGENDA AND CALLED ME TODAY BECAUSE MY NAME IS ATTACHED TO IT AND LIKE WHAT'S GOING ON.

BUT ANYWAY I TALKED TO THE DIVISION VP AND VP OF LAND DEVELOPMENT AND THEY CALLED ME AND SAID WHAT'S GOING ON WAS TO DEAL AND I SAID THERE IS TWO THINGS THAT NEED TO BE ADDR ADDRESSED, ONE YOU NEED TO ADDRESS WHAT YOU'RE DOING TO PREVENT THIS FROM HAPPENING IN THE FUTURE, YOU NEED TO GIVE US AND ALL THE LANDOWNERS ASSURANCES THAT THE FRENCH DRAIN IS GOING TO WORK AND IS GOING TO FIX THE PROBLEM IN A STOCK WITH A FLOOD AGAIN. WE NEED TO STOP THE BLEEDING, WE NEED TO STOP IT FROM HAPPENING IN THE FUTURE.

THE OTHER THING YOU NEED TO ADDRESS THE DAMAGES.

THERE IS A LOT OF DAMAGE I WAS OUT THERE AFTER I WENT TO MARCY'S HOUSE. I SAID THAT NEEDS TO BE ADDRESSED AND ADDRESSED BY YOU. I GOT A VERBAL CONFIRMATION THAT THEY BOTH AGREED THAT IT WAS. I THINK THAT IS A START.

BUT AGAIN WE NEED IT IN WRITING. I'M GOING TO COMMIT TO YOU AS A

[02:45:04]

I CAN USE WHATEVER INFLUENCE I CAN WITH THAT.

MY PERSONAL OPINION THEY ARE RESPONSIBLE TO NEED TO OWN UP TO IT. IF THEY'RE THE ONES CAUSING A PROBLEM IT'S A PROBLEM IN THE CITY THE RUNNING A RISK OF US HAVING AN ISSUE WITHIN THE NEXT DEVELOPMENT THEY WANT TO BUILD ANOTHER 400 HOMES IN THE CITY THAT WOULD BE SHORTSIGHTED TO NOT TAKE CARE OF AN ISSUE HERE WHEN THEY WANT TO DEVELOP AND

HUTTO LATER ON. >> I LOVE THE ADVOCACY AND I LOVE THAT THEY TOOK THE TIME TO SPEAK TO YOU WHAT A PRIVILEGE FOR THEY DO NOT EXTEND THE SAME TO ME AT LEAST.

>> THAT THE PROBLEM. >> IT'S A BIG PROBLEM.

IT'S PRETTY DISRESPECTFUL. WE LIVED THERE, THAT IS HER HOME IT'S THEIR JOB, DONE REAL ESTATE I'VE WORKED IN LENDING, IT'S ALL JUST A FILE. UNTIL IT'S NOT.

IT'S BEEN MY SON PLAYS WHERE MY HUSBAND WORKS INWARDS MARCY'S DOG LIVED. IF I WAS JUST THEM A PAID HALF A MILLION DOLLARS IN THE BRAND-NEW HOUSES AND CAN BE TOGETHER WOULD BE SO EXCITED TO COME TO THIS COMMUNITY I WOULD BE ON FIRE WITH A HEAVY MACHINERY RUNNING DOWN UP AND DOWN MY BACKYARD WITH INITIALLY ESTIMATED TO BE FIVE DAYS HAS NOW TURNED INTO FIVE PLUS WEEKS IN THE THIRD ENGINEERING COMPANY TO COME OUT TO TRY TO MAKE IT WORK BECAUSE THEY'RE GOING TO BLEED THE PROJECT DRY UNTIL THEY MAKE IT WORK THEN DEFEAT THAT IT WAS NEVER GOING TO WORK. NEITHER HERE NOR THERE.

I LOVE THEY'VE GIVEN YOU THAT COMMITMENT.

I WOULD SUPER APPRECIATE THE OLIVE BRANCH THAT WILL BE EXTENDED TO US AS HOMEOWNERS AND TO STOP YOUR STANDARD MANIPULATION TACTICS BY KEEPING ALL OF US SEPARATE AND SEPARATE CONVERSATIONS WITH EVERYONE MAKING PROMISES TO EACH PERSON, WHO'S GOING TO ASK FOR THE MOST. THAT'S WHAT YOU DO FOR YOUR KIDS HE ASKED FOR CANDICE WE GOT A CANDY.

YOU GIVE A MOLOKAN EVENT HOW IT WORKS.

I WOULD LOVE TO BE POSITIVE I'M GOING TO PUT MY FAITH IN YOU GUYS THAT YOU WILL MAKE THAT HAPPEN.

MY FAITH IN THEM IS NONE. >> I DEFINITELY UNDERSTAND THAT.

YOU GUYS ON THE FIRST WANTS TO HAVE ISSUES.

PETER, YOU KNOW WE HAD PEOPLE IN OUR NEIGHBORHOOD LIVE ON W STREET WHO HAD FENCES GETTING RIPPED OUT WITH NO WARNING AND THEY WERE CALLED AND THE ANSWER WAS WE KNOCKED ON ALL THE DOORS THESE PEOPLE WERE WORKING FROM HOME AND NOBODY CAME BY AND WE WERE TOLD THAT WILL NEVER HAPPEN AGAIN.

I KNOW IT HAPPENED IN YOUR NEIGHBORHOOD AGAIN AND IT KEEPS HAPPENING IN THE KEY PROMISING TO DO THINGS.

>> WHEN MERITAGE FIRST CAME TO MY YARD THERE WAS TODD AND RICHARD AND WE TALKED TO SO-AND-SO AND I WAS LIKE THAT IS SO AMAZING THAT YOU CHOSE TO TALK TO EVERYONE THAT LIVES AROUND ME EXCEPT ME ANGIE ENTERED MY PROPERTY ANYWAY WHEN I HAVE SMALL CHILDREN THAT LIVE HERE.

THAT IS UNACCEPTABLE BEHAVIOR AS A PERSON.

THAT'S A DISRESPECTFUL THING TO DO AS A PERSON AND THIS IS THE SOUTH DON'T ENTER SOMEONE'S PROPERTY WITHOUT PERMISSION.

IT'S BAD BUSINESS. >> THE WORDS DON'T MEAN MUCH,

THE ACTIONS WILL PROVE. >> I THINK THAT'S WHAT WE ARE

ALL LOOKING FOR. >> I CONCERN WITH THE FRENCH DRAIN EVEN IF IT SOLVES THE PROBLEM IT'S GOING TO NEED MAINTENANCE OVER TIME. BASICALLY THEY WILL OWN IT TODAY AND AS SOON AS THEY SELL AT THE NEIGHBORHOOD THEY TURN OVER TO

THE HOMEOWNERS. >> THEIR DANGEROUSLY CLOSE LOOWORKING ON FINISHING OUT PHAE THREE IN THERE ABOUT READY TO BLOW DOORS ON THE WHOLE OPERATION.

MEANWHILE THE GUYS WHO LIVE IN DURANGO FARMS HAVE TO NOT KNOW THAT THEY HAD AN EASEMENT THEY PUT IT ON THE SURVEY AND HAVE NO IDEA WHAT THAT MEANS. FOR ALL OF US CREATES A WHOLE SEPARATE LINE OF CONCERN. NOW I HAVE TO TRY TO NOT MICROMANAGE YOU BECAUSE AT YOUR HOME AND YOU'RE AN ADULT.

ALSO IF YOU DON'T TAKE CARE OF YOUR RESPONSIBILITIES THAT YOU DID NOT KNOW BELONG TO YOU, YOU RUINED MY HOUSE AND I HAVE TO SUE YOU HOW DOES THAT SUCK FOR EVERYONE IT DOESN'T CREATE ANY SENSE OF COMMUNITY WHATSOEVER. IT'S A WHOLE SEPARATE LINE AND

LAYER. >> IT'S IMPORTANT IT BECOMES A HOMEOWNER ASSOCIATION AT THAT POINT AND BASICALLY THOSE HOMEOWNERS ARE GOOD TO BE ON THE HOOK WHEN IT FEELS IN A FLOOD YOUR YARD AND AFTER PAY FOR THE DAMAGES.

THAT IS WHY THIS IS FEELING LIKE WE SHOULD BE EXPLORING WHETHER

[02:50:03]

>> WE HAD A SIMILAR ISSUE IN OUR NEIGHBORHOOD THAT WE WERE UNAWARE THAT THE MASSIVE DRAIN THAT CAME OUT IN THE NORTHEAST SECTION OF HER AREA WITH A BIG DETENTION POND IN A BIG CEMENT DRAIN AREA. WE THOUGHT THAT WAS THE CITY PUBLIC INFRASTRUCTURE AND IT WASN'T.

IT WAS OURS AND WE HAD NO IDEA THAT WE WERE RESPONSIBLE TO MAINTAIN IT. HOW WE FOUND OUT FROM THE HOA WE GOT A LETTER FROM THE CITY THE SAID YOU NEED TO FIX THIS AND WERE LIKE OKAY, $200,000 LATER WE FIXED IT AND IT COST HER HOA A QUARTER OF A MILLION DOLLARS BECAUSE WE HAD NO CLUE IT WAS OURS. WE KNOW IT IS NOW WERE MAINTAINING NEEDED TAKING CARE OF IT.

THAT'S WHAT I'M AFRAID OF IF THE STATES A PRIVATE EASEMENT AND GOES TO THE HOA WILL THEY EVER BE NOTIFIED DO THEY KNOW OR HAVE A CLUE HOW TO FIX OR MAINTAIN IT.

DO THE HOMEOWNERS KNOW? >> IN THE SPIRIT OF THE SAME STORY THAT YOU JUST TOLD. WE JUST MOVED INTO THE PROPERTY WE BOUGHT OUR PROPERTY IN OCTOBER OF 21 OCTOBER 15 OF 21 MY DAD HAD JUST PASSED EVERYTHING WAS CRAZY HECTIC AND WE WERE TRYING TO SURVIVE. WHEN IT STARTED TO FLOOD I THOUGHT CRAP I DID A GOOD JOB RESEARCHING THIS DEAL I'M TYPICALLY PRETTY DETAILED ORIENTED BUT WE'RE GOING TO HAVE TO FIX IT AND MARLA AND MARCY LIVING IN THE COMMUNITY SO MUCH LONGER THERE LIKE WE'VE NEVER HAD THESE PROBLEMS UNLESS WE HAD A TORRENTIAL DOWNPOUR WE HAVE NEVER HAD A PROBLEM.

>> I'M LIKE WELL THAT IS A PROBLEM.

IT'S NOW OURS TO SOLVE. NOW THAT WE KNOW I WOULD LOVE TO SEE THE CITY TAKEN ON AS A PUBLIC IMPROVEMENT I KNOW THAT IT WOULD BE DIFFICULT. I ALSO KNOW PERHAPS MAYBE THAT WAS MERITAGE PLAN ALL ALONG AND WHEN THIS GOT STARTED THEY BUILT THEIR FENCE LINE ON THE WRONG SIDE OF THE EASEMENT.

ALL OF THIS WAS ASSESSABLE FROM THE BEGINNING WITHOUT THE FENCES BECAUSE THEY BUILT ON THE OTHER SIDE OF THE EASEMENT.

>> THERE'S A GAP BETWEEN YOUR PROPERTY AND THE OTHER ONE

BEHIND YOU. >> WE HAD AN OLD PASTURE FENCE BUT WE DID NOT HAVE BACK FENCES. WE DID NOT KNOW WE THOUGHT COOL IT'S NOT AS CLOSE AS I THOUGHT IT WAS GOING TO BE WE HAD AN OLD CHAIN-LINK FENCE AND THEN THEY PUT GATES ON THE BACK OF THE FENCE AND I THOUGHT THAT IS AN INTERESTING CHOICE TO TRY TO INVITE SOMEBODY TO TRESPASS BUT WHATEVER WORKS FOR YOU GUYS AND A FEW RESIDENTS ARE WILLING TO PURCHASE THAT WAY DON'T COME BACK HERE AND THAT WAS THE INITIAL APPROACH TO ME.

THE REASON THE GATES WERE BACK THERE TO GIVE THE OWNERS AND THE RESIDENTS ACCESS TO THE LAST 5 FEET OF THEIR PROPERTY WHICH IS THE EASEMENT THAT HAD NOT BEEN BUILT INTO PUSHER FENCE LINE BACK IN ORDER TO BUILD THE EASEMENT INTO THE PROPERTY.

AND I'M LIKE THAT'S A WEIRD THING THAT YOU DID YOU MADE A LOT OF INTERESTING CHOICES. APPROACH FROM THE BEGINNING HAS BEEN INTERESTING FOR SURE. I DON'T THINK I HAVE ANYTHING

ELSE LADIES. >> WHEN THE DITCH WAS BUILT IN THE CITY WAS OUT TWO YEARS AGO. I CAN'T GET PAST THAT.

>> I THINK WE CAN COMMIT CITY MANAGER THAT WE WILL HAVE MORE COMMUNICATION IN TERMS OF THINGS WE CAN LOOK AT INTERNALLY OBVIOUSLY A PUBLIC FACILITY AT THIS POINT DOESN'T MATTER WE JUST HAVE TO FIGURE OUT HOW TO GET IT FIXED AND OTHERS TO FORCE

MERITAGE OR MA, WHOEVER. >> THEY DON'T TELL THE TRUTH

EVER. >> THERE'S A THING I ALWAYS SAY NOT EVERYBODY BELIEVES ME, I'M NOT SAYING THAT THEY ARE BUT IN GENERAL UNTIL IT IS WRITTEN DOWN I KNOW BELIEVE ANYTHING I'M

TOLD. >> BUYERS ARE LIARS IT'S ALL THE SAME. THEY SAY WHATEVER THEY NEED TO SAY TO CLOSE THE DEAL. IT'S FINE WE TOTALLY GET IT.

I WOULD LOVE THE COMMITMENT TO CONTINUE TO PUT PRESSURE AND PRESS MERITAGE LIKE YOU SAID. THEIR DEVELOPMENT AND THEIR BUILDERS HAVE COMMITTED TO YOU I WOULD LOVE TO SEE THAT WRITTEN DOWN IN AN ADDRESS TO US AND SEE THE CERTIFICATE OF INSURANCE AND WRITE A SEPARATE INQUIRY IF I NEED TO DO THE I'M HAPPY TO DO

IT. >> I THANK YOU SHOULD DO THAT DIRECTLY AND THE REASON I SAY THAT IF YOU GET TO THE POINT THAT YOU WILL HAVE TO GET TOGETHER AND DO THE LEGAL ROUTE YOU NEED TO SHOW THAT YOU DID THE OTHER STEPS TO ADDRESS ANOTHER WAYS TO HAVE YOUR PROOF OF FURTHER INJURY AND TIME WASTED AND ALL THE OTHER STUFF. I DEFINITELY ENCOURAGE THAT.

[02:55:02]

>> EVERY TIME THEY TALK TO YOU GRAB YOUR PHONE AND HIT RECORD.

>> EVERY TIME YOU DO RECORD. >> ONLY DO EVERYTHING TO E-MAIL

AND TEXT MESSAGE. >> IS SOMETHING TO DISRESPECT

HIS ORAL SPOKEN. >> THEY WROTE IT DOWN TO.

>> GREAT, GOOD, NOT GOOD BUT GOOD EVIDENCE.

>> THEY DO GOOD JOB. THANK YOU SO MUCH, I APPRECIATE

YOUR TIME. >> ANY OTHER DISCUSSION FOR ITEM

14.2? >> HEARING NONE WE WILL MOVE ON TO EXECUTIVE SESSION AND I WAS ASKED IF THERE'S NO OBJECTION TO POSTPONE ITE ITEM 10 .3. HEARING NONE.

WE NOT WANT TO DISCUSS IT AT ALL?

>> I SAW THE MEMO. NO OBJECTION WE WILL POSTPONE 10.3. ITEMS 10.1, 10.2, 10.6, 10.7.

THERE'S NO OBJECTIONS I WOULD LIKE TO PULL ITEM 10 .2 OUT TO THE EXECUTIVE SESSION. HEARING NONE WE WILL PULL THAT OUT. NO OBJECTION I WOULD LIKE TO

PULL ITEM 10 .4 TO THE PUBLIC. >> I OBJECT I WANT TO GET LEGAL

ADVICE. >> I WOULD LIKE TO GET LEGAL ADVICE BEFORE WE SPEAK PUBLICLY SINCE WE DON'T HAVE ANY

INFORMATION. >> I WOULD LIKE TO TAKE A VOTE TO PULL THE ITEM OUT SINCE WE ALREADY HAVE A LEGAL MEMO.

>> IT WASN'T A MEMO IT WAS A PROPOSAL BUT OKAY.

IT WASN'T A MEMO. >> I MAKE A MOTION TO PULL IT

OUT OF EXECUTIVE SESSION. >> I WILL SECOND THAT.

>> SECOND BY COUNCIL MEMBER THORTON.

ANY DISCUSSION ON THE MOTION? >> WERE NOT TALKING ABOUT ACTION WERE TALKING ABOUT CONNECTING AN INVESTIGATION.

I DON'T KNOW WHAT NEEDS TO BE DISCUSSED PRIVATELY ON THAT

TOPIC. >> YEARS WITH KEEPS HAPPENING.

WE GO IN THE BACK, WE HAVE A DISCUSSION.

CERTAIN MEMBERS OF COUNCIL GO OUT UNTIL THE PUBLIC ALL THE HORRIBLE THINGS THAT ARE SAID AND DONE IN THE BACK AND SO I'M LIKE OKAY IF WE'RE GOING TO PLAY GAMES AND GIVEAWAY SILLY GAMES, GASOLINE PRICES, WILL TO START HAVING THE DISCUSSIONS ON

PUBLIC. >> TO INTERRUPT THAT I THINK WE ALL PAY THE PRICES OF SILLY GAMES THAT IT PLAYED OUT AND SAID PUBLICLY. I'M NOT INTERESTED IN YOUR

SOAPBOX ON THAT RIGHT NOW. >> CAN I PLEASE CALL THE VOTE.

>> PLEASE CALL THE VOTE. >> COUNCIL MEMBER KINSEY.

>> NÉE. >> MAYOR PRO TEM GORDON.

>> NÉE. >> COUNCIL MEMBER KOHLER.

>> NAY. >> COUNCIL MEMBER CLARK.

>> NAY. >> COUNSEL NUMBER THORTON.

>> YAY. >> COUNCIL MEMBER SUTTON.

>> NAY. >> MAYOR SNYDER.

>> NAY, I'M SORRY YAY. THE NAYS HABIT 5 - 2.

ALSO NO OBJECTION I WOULD LIKE TO PULL ITEM 10 .5 OUT OF EXECUTIVE SESSION. ANY OBJECTIONS TO THAT ONE.

>> WHICH ONE DID YOU SAY, 10.5? HEARING NONE, WE WILL PULL THAT OUT. THE LAST ONE I WOULD LIKE TO

PULL OUT HIS ITEM 10 .7. >> NO.

THIS IS RELATED. >> THAT IS AN OBJECTION.

>> YOU ARE NOT OBJECTING TO PULL THAT.

>> I'M NOT OBJECTING. HEARING NO OBJECTION.

WHAT I WOULD LIKE TO DO IS DO THESE ITEMS FIRST SO THAT WAY IF

[Items 10.2 & 11.2]

WE WILL MOVE ON TO ITEM 10 .2 RECEIVED LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 RELATED TO THE OPTION FOR THE CITY TO PARTICIPATE IN A NEW ROUND OF OPIOID TRIAL SETTLEMENTS NEGOTIATED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL WITH CVS, WALGREENS AND WALMART.

>> TIJUANA CALL 11.2 ALSO THAT THE ACTION ITEMS.

>> YES. ALONG WITH THAT CONSIDERATION AND POSSIBLE ACTION TO LEGAL ADVICE RECEIVED PURSUANT TEXAS GOVERNMENT CODE SECTION 551.07 ONE RELATED TO THE OPTION FOR THE CITY TO PRODUCE A BAIT AND A NEW ROUND OF OPIOID TRIAL SETTLEMENTS IN NEGOTIATED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL WITH ELEGANT, CVS, WALGREENS AND WALMART.

[03:00:07]

>> WE PROVIDED YOU A MEMO. WE PREVIOUSLY PARTICIPATED IN THE SETTLEMENT WITH THE ATTORNEY GENERAL FOR ANOTHER ■DRUG COMPANY. THESE ARE WALGREENS, CVS, ALLERGAN AND WALMART AND I ALSO ENTERED INTO SETTLEMENTS SO WHAT THE MOTION WOULD BE IF YOU CHOOSE TO PARTICIPATE IN THE SETTLEMENT IS AUTHORIZED THE CITY MANAGER TO EXECUTE ANY SETTLEMENT DOCUMENTS RELATING TO THE ATTORNEY GENERAL SETTLEMENT WITH ALLERGAN, CVS, WALGREENS AND WALMART.

>> ANY DISCUSSION OR MOTION ITEMS WITH THAT'S BEEN THE COUPLE MOVED TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE DOCUMENTS RELATED TO 11.2 AND PARTICIPATE IN THE ROUND OF OPIOID TRIAL SEDIMENT NEGOTIATED BY THE OFFICE OF THE TEXAS ATTORNEY GENERAL WITH ALLERGAN, CVS, WALGREENS AND WALMART.

>> I SECOND. >> MOTION BY MAYOR PARTON GORDON, SECOND BY COUNCILMAN CLARK.

ANY DISCUSSION ON THE MOTION? , HEARING NONE PLEASE CALL THE

VOTE. >> COUNCILMAN KOHLER.

>> YAY. >> MAYOR SNYDER.

>> TREND SEVEN. >> COUNSEL NUMBER CLARK.

>> YAY. >> COUNCIL MEMBER KINSEY.

>> YAY. >> MAYOR PRO TEM GORDON.

[Items 10.5 & 11.5]

>> YAY. >> COUNCIL MEMBER SUTTON.

>> YAY THE MOTION PASSES 70 MEN 0.

THAT BRINGS UP THE NEXT ITEM, 10.5 LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 ONE.

RELATING TO AMENDING THE CITY'S TEXAS COMMISSION ON ENVIRONMENTAL QUALITY LAND STORAGE PERMIT FOR AN AIR CURTAIN INCINERATOR SITE. ALONG WITH THE ITEM 115 CONSIDERATION OF POSSIBLE ACTION ON LEGAL ADVICE RECEIVED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 ONE RELATING TO AMENDING THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY TC Q TO INCLUDE AN AIR CURTAIN INCINERATOR SITE.

>> MAYOR AND COUNCIL I GIVE YOU LEGAL MEMO BUT THE MAJORITY OF THE DISCUSSION HAS CENTERED AROUND THE E-MAILS BACK AND FORTH BETWEEN THE CITY MANAGER AND THE CITY MANAGER WAS GOING TO SPEAK TO THE FACTUAL BACKGROUND.

I THINK HE'S TALKING WITH THE PROPERTY OWNERS.

>> SURPRISED TALKING ABOUT THE INCINERATOR.

>> THERE IS A SUMMARY IN YOUR E-MAILS.

I INTRODUCE THE MEMO IN THE E-MAILS AND YOU WE'RE GOING TO

PROVIDE THE BACK ON. >> I WAS CAN HAVE BILL DO THAT.

I WAS CAN HAVE BILL DO THE PRESENTATION ON THE INCINERATOR.

HE WAS HERE AND PREPARED TO PRESENT ON THE TOPIC.

HE WILL GET US CAUGHT UP. COUNCIL, CITY MANAGER THE COURT NEEDED FOR THIS CITY. THE WILLIAMSON COUNTY HAS ONE TYPE ESTABLISHED OR BEEN ESTABLISHED THE CURTAIN AND SIMULATORS NOT BEING BROUGHT INTO THAT SITE JUST YET.

HOWEVER, THAT IS ONLY SITE AT THIS POINT THAT WE HAVE AT OUR DISPOSAL TO BRING ALL OF OUR COLLECTED DEBRIS TO DISPOSE OF.

WE HAVE RIGHT NOW 20 AND 30000 CUBIC YARDS OF DEBRIS IN THE WASTEWATER TREATMENT FACILITY.

IF IN FACT WE ONLY GET THE OPPORTUNITY TO USE THE FLORENCE SITE AND WE DON'T HAVE ONE HERE WE ARE LOOKING AT $5.95 PER CUBIC YARD TO BRING THE DEBRIS TO FLORENCE THE CONTRACTOR HAS GIVEN US THAT QUOTE AS LONG AS IT'S 130 MILES THEY WILL CHARGE US $5.35. THAT BRINGS US A PROXIMALLY $770,000 EXTRA THAT WE HAVE NOT EVEN ASKED FOR YET, WE WILL PROBABLY BE FACING. IF WE BRING THE AIR CURTAIN INCINERATOR'S HERE TO HUTTO. NUMBER ONE IN THE BE NO COST TO THE CITY IN TERMS OF TAKING THE DEBRIS ANYWHERE, WE WON'T HAVE TO MOVE IT IT'LL BE BURNED RIGHT THERE AT THAT LOCATION.

THE COUNTY WILL ESTABLISH THE SITE THROUGH TEXT., THEY WILL MANAGE THE SITE AND THE COUNTY WILL PAY FOR ANY CONTRACTING, SECURITY FENCING OR ANYTHING THAT GOES ALONG WITH THE ACTUAL FUNCTION OF THE DEBRIS MANAGEMENT SITE.

>> 'S TEXAS DEPARTMENT OF EMERGENCY MANAGEMENT.

[03:05:02]

THE AIR CURTAIN INCINERATOR'S THEMSELVES ARE BASICALLY A DUMPSTER SIZE APPARATUS. THEY ARE DESIGNED TO BRING EFFICIENTLY AS POSSIBLE WITH EMITTING POLLUTION INTO A VERY LARGE EXTENT. FOR INSTANCE CAL FIRE IS USING THESE THINGS TO HELP CLEAR FUEL SOURCES THROUGHOUT THE FOUR STREET RIGHT NOW BECAUSE THEY'RE SO LIMITED ON POLLUTIONS.

THE WAY IT WORKS AIR IS PUSHED OVER THE APPARATUS AND HIT THE OTHER SIDE OF APPARATUS, COMES BACK IN AND CREATE THE CURTAIN EFFECT IF YOU WILL OVER THE TOP OF THE APPARATUS.

I KEEP CALLING IT A DUMPSTER BECAUSE IT KIND OF LOOKS LIKE ONE WHEN IT DOES THAT. AS A PARTICULAR FLOATS UP OUT OF THE BURNING PILE IT HITS THAT CURTAIN AND COMES BACK DOWN IN RE BARNES. IF YOU THINK ABOUT A TYPICAL BURNING WOODPILE THOSE TYPICALLY HAVE 70 - 80% RELEASED INTO THE ATMOSPHERE, THE AIR CURTAIN INCINERATOR REDUCES THAT TO 10%, THERE IS NOT A LARGE SIGNATURE OF SMOKE AT ALL.

VERY LIMITED NO POLLUTION FOR THIS PROCESS AND IT WILL SAVE US PROBABLY 200,000 OR MORE DOLLARS BY HAVING IT HERE.

THE COUNTY HAS LOOKED AT OTHER OPTIONS, THE COUNTY PROPERTY ON THE EAST SIDE OF THE COUNTY MOST OF WHICH OR ALL OF WHICH APPARENTLY LEASED OUT TO FARMERS THEY TRIED TO PUT IT INTO THE CITY OF TAYLOR, THAT WAS DECLINED.

I LOOKED AT OPTIONS FOR US SO WE CAN SAVE YOURSELF SOME MONEY.

THAT IS IN A NUTSHELL WHAT WE ARE LOOKING AT.

>> MY ONE QUESTION I WANT PEOPLE TO REALIZE IT'S NOT THAT WORKING TO PUT THIS IN THEIR AND HAVE IT FOREVER THE THING IT'S ONLY GOING TO BE INSTALLED WHEN WERE BURNING THIS BRUSH, 9 - 12

MONTH. >> POTENTIALLY 90 BACK 12 MONTHS BUT YOU LOOK AT TWO AIR CURTAIN INCINERATOR STEWING 300 CUBIC YARDS A DAY THE OPERATION WILL BE 8 - 5 INTO THE BE SHUT DOWN AT NIGHT THE GATE CLOSED AND SECURED AND THAT'S HOW THEY WILL OPERATE. THE PROJECTION IS NINE MONTHS RIGHT NOW WITH ONE SITE GIVEN THE AMOUNT OF DEBRIS THAT THE COUNTY HAS AND FACED WITH TO BURN, FLIP TWO SITES UP AND RUNNING THAT TIME WILL BE REDUCED A LITTLE BIT.

THE PROJECTION WE CAN EXPECT FOR EXPECTATION MANAGEMENT IS 9 - 12

MONTHS. >> THAT'S THE PART THAT CATCHES ME. WE ARE NOT BURNING JUST OUR WOOD WE ARE NOW OPENING THAT FOR THE MIDDLE CENTRAL TO WESTERN WILLIAMSON COUNTY TO BRING ALL OF THEIR DEBRIS DOWN HERE.

MY CONCERN I'VE NEVER SEEN ONE OF THESE.

IT SOUNDS GREAT AND ALL OF A SUDDEN THE 10% DAY AFTER DAY AFTER DAY BECOMES A PROBLEM AND WE DECIDE TO TELL PEOPLE THE GOOD NEWS IS YOU ONLY HAVE NINE MORE MONTHS.

THE BAD NEWS YOU ONLY HAVE NINE MORE MONTHS.

THE OTHER PROBLEM OR CONCERN, IT IS NOT LIKE 1660 ALL THE WAY DOWN THROUGH THERE IS A REALLY GOOD ROAD.

137 IS IS BAD. MY GUESS I'LL BE COMING UP 138 AUTHOR BRUSHY CREEK THROUGH 137 AND THE ROAD IS ALREADY TURNED OUT THEN THEY GO THROUGH 1660 WHICH IS 30 TORN UP IN THE POTHOLE. WERE ABOUT TO INVITE THE BIG COUNTY FOR EVERY PIECE OF BRUSH THAT THEY HAVE TO HUTTO TO BURN IT ALL. I APPRECIATE RECEIVING 200 GRAND BUT WHAT I BROUGHT TO THE CITY MANAGER, I DON'T KNOW THE GOING RATE AND I'M ALL INTO HELPING PEOPLE OUT JUST BY OFFERING TO HAVING IT IN HUTTO IS A BIG OLIVE BRANCH TO THE COUNTY BUT I THINK THERE'S SOMETHING THAT HAS TO BE GIVEN TO THE CITY IF THESE ARE HOT SMOKING GREAT IDEAS GROUND ROCK WOULD'VE TAKEN ONE, GEORGETOWN, TAYLOR WOULDN'T OF TAKEN IT DOWN, I DON'T KNOW WHY HUTTO ALWAYS GETS THE SHORT END OF THE STICK.

MY MIND UNTIL WE KNOW MORE ABOUT IT OR INTEL, HATE TO USE THE WORD INCENTIVE BUT WHAT IS THE INCENTIVE TO SAY YES WE SAVE 200 GRAND BUT WHAT IF THE COUNCIL SAID 200 GRAND WE DON'T HAVE TRUCKS RUNNING DOWN OUR ROADS FOR THE NEXT 9 - 12 MONTHS THAT MIGHT BE 200 GRAND WELL SPENT ONCE WE STAY ON THE LINE I DON'T KNOW HOW MANY TRUCKS ARE COMING INTO 40 OR 60-YARD CONTAINER.

>> I DON'T KNOW THE SPECIFIC NUMBER OF THE TRUCK AND TRAILER CONTRACTORS THAT ARE FAIRLY LARGE.

>> I THINK 60 YARDS IS THE TYPICAL ROLLOFF AND I WANT TO SAY CEDAR PARK HAD 130 OR 230,000 YARDS OF DEBRIS.

I DON'T KNOW HOW MUCH IS COMING TO HUTTO.

IF YOU TELL ME THAT WE HAD 500,000 YARDS OF DEBRIS DIVIDED

[03:10:05]

TOWN, THAT IS JUST MY THOUGHTS. >> DO WE KNOW WHO ALL WOULD BE BRINGING THE DEBRIS HERE, WOULD BE THE ENTIRE COUNTY.

>> WE WOULD THEN HAVE TWO SITES AND THAT WOULD GIVE FOR CURTAIN

INCINERATORS. >> OUR SITE IN THE FLORENCE

SITE. >> THE ASSUMPTION THOSE ON THE EASTERN SIDE EVERYBODY IS FACED WITH THE SAME DISTANCE TO DISPOSE TO THE FLORENCE SITE SO THE IDEA TO PUT SOMETHING ON THE SOUTHEASTERN SIDE OF THE COUNTY SO BASICALLY ARE JURISDICTIONS THAT SURROUND US HERE TAYLOR ROUND ROUND ROCK COULD BRING THEIR DEBRIS HERE AND TAKE IT TO FLORENCE THE NORTHERN WESTERN SIDE OF THE COUNTY WOULD USUALLY USE THE FLORENCE SITE.

>> HAVE A QUESTION FOR ALL OF THE SURROUNDING CITIES THAT WOULD COME HERE. I ASSUME IT WOULD NO LONGER BE A 5-DOLLAR TRIP BECAUSE IT WOULD BE UNDER THE 30 MILES.

MY QUESTION RIGHT NOW IF WE DON'T DO THIS THEY COULD BE PAYING THE FIVE. I GUESS GETTING BACK TO YOUR

POINT. >> I DON'T KNOW THE HOMAGE TO THE COST CAN WE GO RENT ONE AND PARKING DOWN THERE AND SEE WILL TAKE YOU DEBRIS AND IT COST YOU X AMOUNT I'M JUST SAYING I'VE NEVER SEEN ONE BURN AND IT SEEMS LIKE ROUND ROCK AND OTHER CITIES HAVE A LOT MORE DEBRIS I JUST DON'T KNOW WHY IT WOULD COME TO

HUTTO. >> CAN WE RENT ONE, IF WE COULD RENT IT LAST FOR 50000 TO BURN OUR STUFF GET THE PERMIT TO BUILD US WERE NOT DEALING WITH THE COUNTY THAT IS STILL SAVING

ASUNDER THE 200,000. >> WE COULD EXPLORE THAT OPTION THEIR CONTRACTORS TO DO THE DEBRIS REMOVAL AND SOME OFFER AIR CURTAIN INCINERATORS. TO BE CLEAR THE COUNTY DID NOT COME TO US AND SAY HUTTO WILL YOU DO THIS THIS WAS ME LOOKING AT HOW CAN WE SAVE MONEY AND NOT TAKE THIS ALL THE WAY TO FLORENCE TO EXPLORE THE OPTION FOR US FOR THE CONVENIENCE OF

THE TAX SAVINGS. >> I WOULD LIKE TO SEE THE OPTION TO WHEN IT'S CHEAPER DRIVING TO FLORENCE OURSELVES AND MAYBE THAT'S WHAT WE DO FROM 9 TO 12 MONTHS BUT MAYBE 30 DAYS. IT'S JUST HER STUFF.

>> WE CAN EXPLORE THAT OPTION. >> I LOOK WE TABLE THIS OR POSTPONE UNTIL WE COME BACK TO THE OPTIONS.

NEXT MEETING IN A COUPLE OF WEEKS.

>> I TRIED TO PULL UP THE CALENDAR.

I DON'T LIKE THE NEW COMPUTER DATE WAS THE FIRST MEETING APRI?

>> USAID ABOUT THE COST ANYTHING UP TO 30 MILES A BE 1 MILE OR 3.

>> THAT'S A PROPOSAL SOMEBODY HAVING A SHORTER TRIP DOES NOT REALLY SAVE THEM ON THAT IF THEY DO IN A SIMILAR CONTRACT.

>> WERE GOING ABOUT THE CONTRACT FOR ME OR US THE CONTRACTOR THAT WERE CURRENTLY USING REMOVING OUR DEBRIS MOVING A PILE UP TO FLORENCE WHICH WE THINK IS 29 MILES THAT DOES NOT INCLUDE THE TOLL ROAD THAT TAKES THE EXPEDITED ROUTE.

WE MAY NOT BE FACTORING THAT IN AS WELL AS COULD BE MORE THAN

THAT. >> CEDAR PARK HE WOULD THINK WOULD STILL GO TO FLORENCE BUT ROUND ROCK.

YEMENI FEEL ON ROUND ROCK. ANOTHER HAVE A BRUSH DISPOSAL FOR THEIR CITIZENS WITH I'M SURE IS OVERWHELMED GIOVANNI FEEL FOR WHAT THEY'RE LOOKING TO BURN VERSUS HANDLING.

>> IS LOOKING TO BURN A LOT MORE THEY WERE CHIPPING A BUNCH OF IT BUT THE CHIPPING BECOMES CAUSTIC.

THAT AFIRE WITH ONE OF THEM. AND THEN A SUBSEQUENT EXPLOSION BY EQUIPMENT SITTING THERE NEXT TO THAT.

ANY CHIPPING'S WE HAD WE HAD SMOLDERING AS WELL SO WE SPREAD THOSE NONSTOP CHIPPING AND PILING BECAUSE IT'S A FIRE HAZARD. BURNING THE DEBRIS IS THE BEST

OPTION AT THIS POINT. >> IS SEEMS LIKE WE WOULD BE PRETTY MUCH -- IF WE DID WITH THE COUNTY WE WOULD BE GUARANTEED THAT TAYLOR WOULD BE COMING TO US, ANYONE ELSE ON THE EAST SIDE OF THE COUNTY WOULD BE COMING TO US, ROUND ROCK WOULD PROBABLY COME TO US AND FROM THERE A BREAK AROUND 35 AND

WHATEVER. >> THERE ARE SOME THAT HAVE REALLY TAKEN DEBRIS TO A LOT OF TAYLOR DEBRIS TEXT.HAD COLLECTED

[03:15:01]

THERE IS STILL A LARGE AMOUNT OUT THERE AND EVERYBODY'S LOOKING FOR THE OPPORTUNITY. THE CURTAINS ARE NOT IN PLACE BUT THE STOCKPILING DEBRIS IN FLORENCE IS STARTING TO FLOW THAT WAY BUT AGAIN WE WENT BACK TO HOW WE CAN SAVE THE MONEY AND HELP THE COUNTY AS WELL TO HELP HER NEIGHBORS BY PUTTING SOMETHING IN HER IF POSSIBLE. THAT WAS THE IDEA.

>> LAST QUESTION, IF WE MOVED IT TO SAY MOVE IT INSIDE OF CHANDLER DOES NOT SAVE US ANY MONEY OR DOES IT HAVE TO BE

RIGHT WHERE WERE STORING IT. >> WE'RE GOING TO PAY 598 TO MOVE HER FROM WASTEWATER TO MOVE IT TO CHANDLER.

IT'LL COST MONEY TO MOVE IT THERE TO THAT SPOT I LOOKED AT THAT SPOT AND THOUGHT IT WAS GOOD ACCESS FROM 79.

HIS CLEAR, OPEN AND A GOOD AMOUNT OF SIZE BUT AGAIN NO MATTER WHAT WE DO OTHER THAN BURN IT RIGHT HERE YOU HAVE A

COST INVOLVED. >> SO FIND A WAY TO BURN HUTTO IN HUTTO IF WE WANT TO HELP THE COUNTY.

TO ME WE HELP THEM BY WORK WITH OR ET J PARTNERS ALONG CHANDLER ROAD AND HOPE THAT THEY'RE NOT ON THE DUMP SITE, ON THE DUMPSITE OF CHANDLER BUT CHANDLER ALREADY HANDLES A BUNCH OF TRUCKS AND IT'S MORE BUILT FOR THAT AMOUNT OF CONGESTION THERE ARE TO BE A LANDOWNER AFTER THAT SOMEONE CAN THROW 50000 AND WE LIKE TO BORROW 4 ACRES FOR THE NEXT YEAR END THEY PLANT CORN AROUND AND I'M SURE THAT WE COULD HELP THEM

FACILITATE THAT. >> ONE THING TO KEEP IN MIND IF WE WERE TO EXPLORE RENTING. WE ARE TAKING ON THE LABOR COST AND POTENTIALLY HAVING SOME EQUIPMENT DEDICATED TO MOVE THE BRUSH AROUND ON-SITE IF WE TURN IT OVER TO THE COUNTY.

THE COUNTY WILL DO THE CONTRACT FOR THE FACILITATION OF LOADING THE DEBRIS INTO THE BOX. ALL EXPENSES WILL BE COVERED.

WE WILL ALSO HAVE TO GET A CONTRACTOR OR USE PUBLIC WORKS WHICH WILL PULL THEM OFF OF OTHER PROJECTS.

IF WE PURSUE THAT WE NEED TO LOOK AT THE TOTAL COST NOT JUST THE COST OF RENTING. MAKE SURE THAT WE CONSIDER

EVERYTHING. >> MY MAIN CONCERN WITH THE INCINERATOR IS JUST THE LOCATION BEING BY THE SOUTH WASTEWATER TREATMENT PLANT. I GET IT THAT THE LANDS ARE BEING STORED THERE SO IT IS KIND OF AN EASY LOCATION TO PLACE IT THERE. BUT ME PERSONALLY WHETHER IT IS FOR HUTTO OR FOR THE COUNTY I JUST DON'T LIKE THE IDEA OF HAVING THE INCINERATOR NEXT TO A CORPORATE STRUCTURE.

I GET IT IT'S GOING TO BE ME AND BY TXDOT AND I'M SURE THIS WOULD BE PLENTY OF SAFETY MEASURES AND EVERYTHING BUT I FIND IT CONCERNING. THAT'S ONLY REASON WHY I'M NOT IN FAVOR OF THE INCINERATOR. I'M WILLING TO PAY THE 200,000 TO TRANSPORT IT TO FLORENCE. I GUESS THAT'S MY POSITION AS A VIEWPOINT OF THE SITE THERE. WHATEVER I WENT ON THE TOUR OF THE WASTEWATER TREATMENT FACILITY IS KIND OF LIKE A SCIENCE PROJECT THERE THEY HAVE ALL THESE MICROBES AND THINGS THAT THEY HAVE TO CONTROL AND OBVIOUSLY I'M NOT A SCIENTIST OR A CHEMIST THAT CONTROLS ALL OF THAT BUT OBVIOUSLY I KNOW IT ONLY PUTS OUT 10% OF THE SMOKE OR POLLUTION OR WHATEVER YOU WANT TO CALL IT BUT I THINK THAT WOULD PLAY INTO THE CHEMICAL MAKEUP OF HOW THE WATER IS TREATED AND DUMPED OFF OBVIOUSLY INTO THE CREEK THERE. THAT IS JUST MY THOUGHTS ON THE

INCINERATOR. >> ONE OF THE POINTS THAT WAS MADE THAT IT WOULD BE MODIFYING AN EXISTING PERMIT.

IF WE WERE TO GO TO A NEW SITE, WOULD THAT BE A WHOLE PERMITTING PROCESS THAT WE WOULD HAVE TO START FROM SCRATCH.

>> IT'S ACTUALLY EVERY PERMIT. THEY'RE EXPECTING OR WITH OUR CONVERSATIONS WITH THEM WE WOULD HAVE TO SUMMA NEW PERMIT REQUEST FOR THE INCINERATORS. IT IS NOT JUST A MODIFICATION.

THAT WOULD BE APPLICABLE TO ANY OTHER SITE.

>> NO DIFFERENCE, OKAY. >> THE PURPOSE OF THE RE-PERMIT, CORRECT ME IF I'M WRONG TO MAKE SURE THIS ISN'T GOING TO AFFECT THE PERMIT FROM THE WASTEWATER TREATMENT TO ADDRESS COUNCIL MEMBER KOHLER'S CONCERN. THE PURPOSE OF THAT IS TO HELP ENSURE IT'S NOT GOING TO MESS WE MAKE WILL DO THE ENVIRONMENTAL ASSESSMENT ON THE LAST PERMIT THAT WE ORIGINALLY STOCKPILED THE DEBRIS, WE AS A CITY A LITTLE BIT CLOSER TO THE WATER SOURCE AND WHEN WE DID THE PERMITTING PROCESS AND CAME OUT IN THE INSPECTION THEY MADE US MOVE IT 1300 FEET TO A DIFFERENT

[03:20:03]

>> THE OTHER QUESTION I HAVE, MY ASSUMPTION HAS BEEN THE REASON THAT WE IN THE COUNTY AND EVERYONE ELSE IS DOING THE SPURTING IS BECAUSE ALL OF THE MULCHING CENTERS ARE COMPLETELY OVERWHELMED. THERE IS NO WAY TO MULCH ALL THE LIMBS THAT CAME DOWN DURING THAT.

SOME CITIZENS ASKED WHY ARE YOU BURNING IT WHY DON'T WE TURN INTO MULCH. WE HAVE WAY MORE.

>> WERE NOT REALLY TURNING INTO MULCH WE ARE CHIPPING WHICH IS THE FIRST PART OF THE PROCESS THEN HAS TO BE FURTHER REFINED TO BE SELLABLE MULCH PRE-THE OTHER BONUS, THE OTHER PIECE THAT I LEFT OUT ABOUT THE CURRENT INCINERATOR.

THE ASH THAT IS BURNED FROM ALL OF THE DEBRIS, THE FIRST PARTY THEY HAVE IS TO GIVE IT BACK TO FARMERS TO DESPOIL ENRICHMENT, TO PUT IT BACK INTO THE COULD BE DUTY AND ARE FARMERS FOR THAT PURPOSE AND THE REST OF THAT WOULD GET.

AND BE PART OF THE SOIL. >> DO WE BURY THAT? HOW MUCH ASH DOES NINE MONTHS OF BURNING WOOD CREATE?

>> IS NOT AS MUCH ASH AS YOU WOULD THINK PRE-DOES NOT LIKE BURNING A BIG PILE IN THE PILES UP.

THIS CONTINUES TO RE-BURN INSIDE OF THE INCINERATOR PRINTED LIKE A CREMATORY, BRINGS EVERYTHING INTO DUST.

IT'S NOT THAT MUCH, NOT AS MUCH AS YOU WOULD THINK.

>> HAVE YOU TRIED ONE OF THE SMOKELESS FIRE PITS.

>> IS A FORCED INDUCTION OF AIR SO IT BURNS CLEANER, RECYCLES, RECYCLES BACK INTO THE FIRE AND CONTINUES TO BURN SPAGHETTI OBJECTIONS TO POSTPONE UNTIL THE SIX?

[Items 10.7 & 11.7]

I APPRECIATE IT. NEXT ITEM 10.7 LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 ONE RELATED TO THE FARMS AMENDED AND RESTATED DEVELOPMENT AGREEMENT AS AMENDED TO BETWEEN THE CITY OF HUTTO TEXAS IN THE FARMS LLC AND WITHOUT ITEM 117 CONSIDERATION POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED PURSUE IT TO TEXAS GOVERNMENT CODE RELATED TO THE DURANGO FARMS AMENDED AND RESTATED DEVELOPMENT AGREEMENT AS AMENDED BETWEEN THE CITY OF HUTTO TEXAS

AND DURANGO FARMS LLC. >> MAYOR AND COUNCIL THERE IS A PARCEL IN THE DURANGO FARMS PROJECT THAT HAS ALWAYS BEEN INTENDED TO DONATE TO THE CITY IN CONJUNCTION WITH THE 1660S LUMBER LOOP PROJECT AND WHEN WE WERE TRYING TO CLOSE ON THAT NEGOTIATION THEY HAD HELD THAT BACK.

WE INSTITUTED CONDEMNATION PROCEEDINGS AGAINST THEM AND WE INTEND TO FILE THE PETITION ON APRIL 21ST, BUT IN WORKING WITH THEIR ATTORNEY THERE IS ALSO AN AREA AND THE DEVELOPMENT THAT THEY HAVE WANTED TO REDUCE. SINCE THE DONATION IT IS GOING TO REDUCE THEIR PROPERTY. WE COULD TAKE THAT INTO CONSIDERATION WITH THAT AMENDMENT TO THE DEVELOPMENT AGREEMENT. SO THAT IS WHAT THE AMENDMENT WOULD BE. ALSO SENT TO THEIR ATTORNEY AS LONG AS WERE AMENDED THE DEVELOPMENT AGREEMENT WE WOULD LIKE TO HAVE THE $2 MILLION TO BE USED OUTSIDE OF THE PIP AND WE ALSO SET A POSSESSION AND USE AGREEMENT TO THE ATTORNEY AND HE HAD INDICATED FOR OUR PROJECT HE INDICATED HE ALWAYS RECOMMENDS THAT TO HIS CLIENTS AND THAT'S WHERE WE ARE WE HAVE NOT

COMPLETED ANYTHING. >> HAD NO INTEREST IN WORKING WITH HIM PERSONALLY. FOR ME IT'S EMINENT DOMAIN OF THE LAND THAT THERE'S SUPPOSED TO BE GIVING US ANYWAY THAT THEY AGREED TO AND THE RIGHTS WERE THERE AND IT'S GOING TO INCREASE FLOODING WHICH WE JUST HEARD WE HAVE A SMALL FLOOD ISSUE THAT THEY HAVE CAUSED AND THAT'S JUST MY THOUGHTS.

>> I GET MORE DETAIL ON THE SETBACK.

WE HAVE DETAIL ON WHAT IT IS NOW ON WHAT THEY'RE ASKING US TO

CHANGE IT TO? >> ASHLEY, CAN YOU SPEAK TO

THAT? >> ASHLEY THAT'S NOT YOU, IT SMACKED. IT'S ONE OF THE TWO.

>> BELIEVED THEY SUBMITTED -- TO ASK FOR A VARIANCE WHICH IS

[03:25:04]

INAPPROPRIATE. >> I'M NOT ENGINEERING BUT THIS IS GOING TO BE FUNNY. ON TV.

>> THIS IS AN ITEM FOR THE PACK IN THE CODE THAT EVERYONE WAS WITHIN THE FEMA FLOODPLAIN AREA HAS A LARGER SETBACK THEN WHAT WOULD NORMALLY BE ALLOWED OUTSIDE THE FLOODPLAIN SO WE NORMALLY DON'T ALLOW ANY DEVELOPMENT IN THE FLOODPLAIN THERE IS A LARGER 75-FOOT CUT BACK THROUGH THE CREEK SO THAT IS WHAT THEY HAVE ASKED I THINK ON THE WESTERN SIDE THE CITY ENGINE AT THE TIME DID NOT HOLD THEM TO THE SETBACK THEY ARE ASKING IF THEY CANNOT BE HELD TO THE SETBACK ON THE EASTERN SIDE

FOR THE PHASE THREE. >> ONE THING I'VE HAD A COUPLE OF THE SETBACKS ON SOME OF THE PROPERTIES WHEN I WAS ON THE ZONING BOARD OF ADJUSTMENT. YOUR UNDERSTANDING AT THAT POINT TO MAINTAIN NATURAL ENVIRONMENTAL AREA OUTSIDE OF THE FLOODPLAIN AND THAT'S WHY THEY HAVE THE SETBACK THAT IT WAS, SINCE THIS WAS FARMLAND THAT HAS BEEN TILLED COMPLETELY I DON'T KNOW ABOUT THIS SECTION IF THAT'S THE CASE BUT ON THE OTHER ONES THAT WAS THE REASON WE GAVE THE EXCEPTION THIS ONE, MY QUESTION IS THIS THE SAME DEAL OR IS THAT A DIFFERENT

THING. >> I REMEMBER WHAT YOU'RE REFERRING TO OFFICE 1660 SOUTH. THAT WAS GIVING AVERAGING OF THE SETBACK BUT I DON'T THINK THEY GOT RID OF IT COMPLETELY THEY SHOWED TO THE DRAINAGE PLANS THAT THEY GOT AN AVERAGING.

THEY HAVE A LARGER ONE WE HAVE A 75 AND THERE IS 125 OFFER BRUSHY CREEK AND THAT'S WHY WE CAN AVERAGES WITH VERY DRAINAGE PLANS AND WE WERE ABLE TO SHOW HOW THE AVERAGING WOULD STILL WORK AND PROTECT THE AREA TO KEEP THEM WELL ONTO THE FLOODPLAIN SO WE DID GET THE VARIANCE.

>> IN THIS CASE THIS IS NOT AVERAGING.

THAT IS COMPLETELY NOT OKAY. >> THE SETBACKS ARE PREDOMINANTLY POOR EROSION CONTROL.

OVER TIME IT ALLOWS THE RECURRENCE OF THE NATURE WHICH IS WHAT YOU ARE REFERRING TO, THE PURPOSE OF THAT IS NOT JUST FOR THE WILDLIFE. IT IS TO GIVE STRUCTURE TO THE BANKS OF THE CREEKS WHENEVER THERE IS FLOODING THERE IS LESS EROSION IN ENCROACHMENT OF THE BANKS.

>> I'LL MAKE A MOTION TO DENY THE REQUEST FOR THE MOMENT THE

REPAIRING SETBACKS. >> IS NOT THE RIGHT WAY TO DO

IT. >> WE WERE IN THE PROCESS OF NEGOTIATING SO YOUR MOTION WOULD BE TO DIRECT THE STAFF TO NOT BRING FORTH AN AMENDMENT FOR THE SETBACK IN THE DONATION.

>> WHATNOT I JUST SAID? >> I HAVE SOME MORE QUESTIONS ON IT. I'M A LITTLE UNCOMFORTABLE VOTING ON SOMETHING THAT I DON'T FULLY UNDERSTAND.

THERE IS NOTHING IN THE PACKET ABOUT THIS, THERE'S NO PICTURES, DIAGRAMS OR PROPOSAL, THERE IS NOTHING.

WE ARE SHOOTING FROM THE HIP IN MY OPINION AND MAKING A QUICK DECISION BASED ON NO INFOR INFORMATION.

I LIKE TO HAVE THE INFORMATION BEFORE ME AND AVAILABLE AND I STUDIED IT AND READ IT BEFORE I START MAKING VOTES ON THINGS.

I GUESS THAT'S WHY AM GOING TO BE AGAINST DENYING THIS BECAUSE I DON'T KNOW WHAT I'M GIVING UP BECAUSE WHAT WE'VE ALSO SAID THIS IS KIND OF MY UNDERSTANDING IF WE GO DOWN THIS ROUTE THEM OR HAVE TO GOING TO GO TO THE COMBINATION PROCESS TO WORK WITH THAT AND TRY TO GET THE ROAD WAY IN WHICH WE KNOW WE NEED FOR THE 1660 AND LUMBER LOOP INTERSECTION.

AND I REMEMBER ALL THE OTHER ONES THAT WE WERE TALKING ABOUT WE SAID SPEED IS OF THE ESSENCE WHATEVER WE NEED TO DO TO GET IT DONE QUICKLY. ON THIS ONE IF YOU LIKE WERE MAKING AN OPPOSITE DECISION SAYING WHATEVER IT TAKES EVEN IF IT TAKES LONGER WE ARE WILLING TO DO THAT BECAUSE WERE FRUSTRATED WITH OUR PARTNERS. FOR ME I WANT TO GET THE INTERSECTION DONE SOON. IF THIS MEANS IS GOING TO GET DONE SOONER AND WE COULD POSSIBLY DO SOMETHING THAT WON'T CAUSE FLOODING AND WE COULD DO A NEGOTIATION MAYBE WE CONTINUE TO NEGOTIATE BECAUSE WE HAVE NOT FINISHED NEGOTIATIONS, THAT'S WHAT I WOULD BE FOR I WOULD BE FOR AT LEAST A MINIMUM INSTRUCTING STAFF TO CONTINUE TO GO AND CONTINUE TO NEGOTIATE, TAKE THE HEARD FROM US WHAT WERE COMFORTABLE WITH A NOT

COMFORTABLE WITH. >> AND TO BE CONSISTENT WE HAVE NEVER DONE COMPLETE REPAIRING IT WAS AN AVERAGING THAT WE DID.

[03:30:05]

>> WHY NOT ASK STAFF TO GO BACK INTO THAT INSTEAD OF DENYING THE WHOLE THING STAFF HEARD WHAT WE SAID WE MAY BE COMFORTABLE WITH AN AVERAGING RATHER THAN GETTING RID OF IT.

>> YOU KNOW WHY THERE IS AN AVERAGING BRUSHY CREEK WAS 125 AND THE OTHER ONE WAS 70 AND THE AVERAGE THOSE TOGETHER AND THIS DOES NOT HAVE ANYTHING TO AVERAGE IT'S JUST 70.

>> I DON'T KNOW THAT BECAUSE THERE'S NOTHING IN MY PACK AND I HAVE NOT READ ANYTHING. WE CAN VOTE ON IT BUT I'LL BE VOTING NO FOR THAT REASON BECAUSE I FEEL LIKE WE ARE

MAKING THE DECISION IN A VACUUM. >> I MADE THE MOTION I HEARD

THEY'RE ASKING FOR A VARIANCE. >> THEY HAVE ASKED FOR A VARIANCE THAT WE HAVE TOLD THEM THAT IT VARIANCE IN THEIR CASE TO THE BOARD OF ADJUSTMENT WAS NOT CORRECT AND THEY WOULD HAVE TO COME BACK TO THE ZONING AMENDMENT.

>> WHAT I'M HEARING THEY WANT TO FAVOR AND I DON'T WANT TO SEE

THE BACKUP. >> THEY HAVE NOT ASKED FOR THIS, THIS WAS MY IDEA BECAUSE OF OUR DIRECTION TO GIVE THE PARCEL.

IN MY UNDERSTANDING THE PARCEL THAT THEY'RE DONATING IS GOING TO AFFECT THEIR PROPERTY SO THE REDUCTION IN THE SETBACK COULD POSSIBLY BE JUSTIFIED BECAUSE OF THAT.

>> THE ONLY THING I WOULD SAY ABOUT THE ROAD WE HAVE OTHER PARCELS HEAVILY CONDEMNED, THIS IS NOT LIKE THIS IS THE LAST

PIECE, WE WILL KNOW THE PROCESS. >> THE FURTHER ALONG, I'M JUST

SAYING. >> YOUR SAME BUT HAVEN'T SEEN ANYTHING THIS IS A FURTHER AL ALONG.

>> WE DO KNOW THAT WE ARE FURTHER ALONG BECAUSE WE DID NOT FIND OUT THAT THIS WAS SUPPOSED TO GET DONATED DIRECTLY AND THEY

BACKED OUT OF THEIR AGREEMENT. >> THE LAST MEETING WE FOUND OUT THEY WERE USING THE STATE LAW FROM A PREVIOUS SESSION, SCREWED ALL THE APPLICATIONS AND REDID IT.

>> WE SENT OUT THE LETTERS BUT THIS ONE THEY NEVER DID.

>> WE ARE TWO WEEKS BEHIND. IF WE ARE GOING TO CONDEMN THE

FILE ON APRIL 21ST,. >> THAT CHANGES THAT, YES, I AM

OKAY. >> WERE SAVING TWO WEEKS AND GIVEN THE DEVELOPER THE EARLIEST GOOD OF THE NEIGHBORHOOD

POTENTIALLY A BENEFIT. >> WHAT TIME WOULD WE SAY IF WE DIDN'T HAVE TO GO TO CONDEMNATION AND ABLE TO WORK A DEAL WHERE THEY DONATED LAND USE, HOW MUCH TIME WITH THAT

SAVE US. >> THAT WOULD SAVE US TIME AND MONEY IF THEY WOULD AGREE TO IT BUT I SENT THIS E-MAIL OUT AND HAVE HAD NO RESPONSE FROM THEM. I DON'T KNOW WHY THEY HAVEN'T

RESPONDED. >> YOU SAID YOU SENT APPEAL WAY.

>> THEY CAN SIGN THE POA TOMORROW, GIVE US THE LAND AND THAT'S AN AGREEMENT THAT WE WILL NEGOTIATE THE CONDENSATION FOR THAT TO THE COMBINATION PROCESS. THERE IS NOTHING STOPPING THEM FROM SAYING GO AHEAD AND START THE PROJECT AS FAR AS THEIR LAND IS CONCERNED. IT'S THE SAME ON THE OTHER PROPERTY THEY JUST HAVE A BIT WILLING TO DO SO THAT'S WHAT

WERE GOING TO CONDEMNATION. >> IF WE VOTE AND SOMEHOW IT PASSES AND THEY GET THE MESSAGE, MAYBE WE NEED TO START ANSWERING E-MAILS AND FIXING SOME OF THE ISSUES I HAVE NO PROBLEM BEING FLEXIBLE TO SOMEONE WHO IS FLEXIBLE WITH US BUT IF THEY'RE GOING TO IGNORE US AND WE HAVE NEIGHBORHOOD ISSUES UNLIKE WHY DO WE KEEP GIVING PEOPLE HELP THAT'S NOT EVER HELPING US.

>> I'M NOT SAYING TO GIVE THEM HELP.

WHAT I'M SAYING WE HAVEN'T EVEN DISCUSSED THIS.

WE DON'T HAVE IN THE PACKET, WE HAVEN'T READ IT AND WE DON'T FULLY UNDERSTAND WHAT THE DEAL POINTS, SHE IS NOT FULLY PRESENTED TO THEM SHE HAS NOT HEARD BACK ON WHAT THE COUNTER OFFER IS, WE DON'T KNOW ANY OF THAT.

I GUESS. >> I EXTEND MY MOTION TO POSTPONE UNTIL APRIL 6, DOES THAT CREATE HEARTBURN?

>> THAT'S EXACTLY WHAT I WOULD WANT, GIVE THEM ANOTHER COUPLE OF WEEKS AND IF THEY'RE NONRESPONSIVE IN TWO WEEKS IT'S OBVIOUS THAT THEY DON'T WANT TO DEAL AND THEN WE MOVE FORWARD.

I WAS NOT WANTING TO MAKE A DECISION TONIGHT BECAUSE I DON'T HAVE INFORMATION TO MAKE THE DECISION.

>> MY ONLY PROBLEM WITH THAT I DO NOT WANT US TO GO AND OFFER THEM THE SETBACK THAT THEY PREVIOUSLY TALKED ABOUT.

THIS IS NOT THE FIRST TIME THAT WE HEARD ABOUT IT, WE DISCUSSED IN EXECUTIVE SESSION WE DID NOT HAVE A LOT OF DETAILS BUT IT WAS ALREADY DISCUSSED THAT THAT WAS SOMETHING THEY HAVE BEEN LOOKING FOR ON THIS PROPERTY THAT WAS SEVERAL MONTHS AGO, SOUGHT THE FIRST TIME THAT WE HEARD ABOUT THIS.

>> I'M NOT INTERESTED GIVING THE VARIANCE EITHER.

>> THAT'S UP TO STAFF TO DO AND WE KNOW THAT'S UP TO WHAT THEY WANT AND WILL BE INTERESTED IN GETTING THEM TO THE TABLE TO GIVE US THE PIECE OF PROPERTY SOONER AND FASTER AND THAT'S WHAT WE DIRECTED THEM TO DO AND THAT'S WHAT THIS IS COMING FROM.

>> THERE ARE THINGS THAT WERE WILLING TO DO TO BRING THEM TO THE TABLE AND THAT'S NOT ONE OF THEM.

[03:35:02]

>> I UNDERSTAND THAT HER STAFF IS COMING FROM IN THE DIRECTION IT'S NOT BECAUSE THEY APPROACHED US AND SAID WILL GIVE A.

WHETHER WE TABLE THAT DOESN'T STOP THE CONDEMNATION.

>> WE INTEND. >> TO LAY IT TWO WEEKS AND SEE

IF WE CAN HAVE A DISCUSSION. >> THAT IS FINE I JUST WANT TO MAKE SURE WERE NOT GOING TO THEM IN SAME WERE NOT GETTING THE

SETBACK. >> WE MADE IT CLEAR TO THEIR ATTORNEY WE'VE BEEN DIRECTED THAT WE CONTINUE WITH THE

CONDEMNATION PROCESS. >> CAN WE MAKE THAT AMENDMENT.

>> WE ARE JUST DIRECTING? >> HOW CONFIDENT ARE YOU THAT THAT PIECE WAS SUPPOSED TO BE DONATED?

>> WE HAVE E-MAILS TELLING IT WAS SUPPOSED TO BE DONATED BUT IS NOT IN THE CONTRACT IS JUST IN THE E-MAILS.

>> THEY WERE GOING TO DONATE THE PROPERTY FOR THE PARK SO WE HAD PIGGYBACKED THAT ALONG WITH E-MAILS AND THEY NEVER COMPLETED

IT. >> THE OTHER PART OF THAT IS GETTING THE 2 MILLION OUT OF THE PIT BOUNDARY?

CORRECT. >> CORRECT THERE ARE OTHER POSITIVES, THAT'S WHAT I'M HEARING I DON'T WANT US TO GET

SO FOCUSED ON. >> I'M SORRY.

>> WERE NOT MAKING A MOTION. >> WE ARE POSTPONING UNTIL APRIK WITH THEM BUT WE WILL FILE THE CONDEMNATION DOCUMENTS THAT IS

[10. EXECUTIVE SESSION]

REQUIRED. >> THIS SEEMS LIKE A GOOD TIME TO TAKE A BREAK AND GO TO EXECUTIVE SESSION.

IT IS 1037. WE WILL GO TO ITEM 10.12 TEXAS GOVERNMENT CODE 551.07 ONE RELATED TO PENDING LEGAL REQUEST, POTENTIAL CLAIMS, PENDING LITIGATION, POTENTIAL LITIGATION, CITY COUNCIL LEGAL REQUEST.

ITEM 10 .4 RECEIVE LEGAL ADVICE TO TEXAS GOVERNMENT CODE 551.07 ONE RELATED TO ATTORNEY PROPOSALS TO CONDUCT AN INVESTIGATION INTO MISSING EXECUTIVE SESSION RECORDINGS AND ITEM 10 .6 RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE 551.07 ONE IN DELIBERATE PURSUANT TO TEXAS CODE 551.

[11. ACTION RELATIVE TO EXECUTIVE SESSION]

NO ACTION WAS TAKEN. ITEM 11.1 POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED TEST SECTION 551.07 ONE RELATED TO PENDING LEGAL REQUEST POTENTIAL CLAIM COMPANY LITIGATION, POTENTIAL LITIGATION AND CITY COUNCIL LEGAL REQUEST.

>> THERE IS NO ACTION NECESSARY. >> ALRIGHT.

I BELIEVE WE ARE BECAUSE OF OPEN .2.

11.3. >> POSTPONE.

>> 11.4 CONSIDERATION OF POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 ONE RELATED TO THE SELECTION OF A LAW FIRM FROM ATTORNEY PROPOSAL TO CONDUCT AN INVESTIGATION INTO MISSING EXECUTIVE SESSION RECORDINGS PREDOMINATE COMMOTION THAT WE DIRECT STAFF TO COMPLETE A FULL AUDIT OF EXECUTIVE TAPES FROM THE CITY SECRETARY AND SUBSEQUENTLY TURN THOSE ITEMS OVER TO THE WILLIAMSON COUNTY DISTRICT ATTORNEY'S OFFICE OR OTHER LAW ENFORCEMENT YOU TO SEE AS NEEDED.

>> SECOND. >> MOTION BY MAYOR SNYDER, SECOND BY COUNCIL MEMBER KINSEY. IN DISCUSSION ON THE MOTION?

HEARING ON PLEASE CALL THE VOTE. >> COUNCILMAN MACKENZIE.

>> YAY. >> MAYOR PRO TEM GORDON.

>> YAY. >> COUNCIL MEMBER KOHLER.

>> YAY. >> COUNCILMAN BURKART.

>> YAY. >> COUNCIL MEMBER THORTON.

>> YAY. >> COUNCIL MEMBERS SON.

>> YAY. >> MAYOR SNYDER.

>> YAY. >> MOTION PASSES 70 MAXI BRO.

ITEM 11.6 CONSIDERATION OF POSSIBLE ACTION RELATED TO LEGAL ADVICE RECEIVED PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.07 ONE AND DELIBERATIONS PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.087 REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS RELATED TO PENDING ECONOMIC DEVELOPMENT PROJECTS.

[12.1. Consideration and possible action on Ordinance O-2023-018 to enact a new Article 22.08 of the Code of Ordinances, establishing routes and procedures for the transportation of non-radioactive hazardous materials (NRHM), creating offenses and establishing a penalty, in compliance with the approval of SH 130 within the city limits as a NRHM route by the Texas Department of Transportation (Legal) ]

[03:40:04]

>> MAYOR COUNCIL WE PREPARED THIS ORDINANCE SO THE ROOTS COULD BE ESTABLISHED AND THIS IS REQUIRED BY THE TEXAS DEPARTMENT

OF TRANSPORTATION. >> IF I REMEMBER RIGHT SH 130.

>> CORRECT. >> AND MAKE A MOTION TO ACCEPT

ORDINANCE AS PRESENTED. >> MOTION BY COUNCIL MEMBER

CLARK. >> SECOND BY MAYOR PRO TEM GORDON. ANY DISCUSSION ON THE MOTION?

HEARING NONE PLEASE CALL ABOUT. >> COUNCIL MEMBER KOHLER.

>> YAY. >> COUNCILMAN WERE THORTON.

>> YAY. >> MAYOR PRO TEM GORDON.

>> YAY. >> MAYOR SNYDER.

>> YAY. >> COUNCIL MEMBER CLARK.

>> YAY. >> COUNCIL MEMBER SUTTON.

>> YAY. >> COUNCIL MEMBER KINSEY.

>> YAY. >> I LOST TRACK, WAS AT SEVEN?

[12.2. Consideration and possible action on Ordinance No. O-2023-014 prescribing certain fees for the City of Hutto, Texas, amending all applicable ordinances and other instruments; providing for a schedule of fees and charges (David Amsler)]

>> AND MARTY MAYOR AND COUNCIL. DAVID AMSLER, ASSISTED THE CITY MANAGER FOR THE RECORD. WHAT YOU HAVE BEFORE YOU AND INCLUDED IN YOUR POCKET WAS A REDLINE VERSION OF ALL THE UPDATES THE STAFF IS PLANNING THIS IS THE FIRST READING OF THE ORDINANCE AND THIS WILL NEED TO COME BACK FOR A SECOND READING AND WE HAVE STAFF HERE HAPPY TO ANSWER ANY QUESTIONS YOU MAY

HAVE. >> PAGE 111.

ONE QUESTION SINCE HER TARGET BY IMPACT FEES HOW DOES A TRAFFIC IMPACT FEE GET CALCULATED? NOW THAT I'M APPROVING IT FOR A SECOND TIME, I FEEL LIKE I NEED TO HAVE A CLEAR UNDERSTANDING OF

HOW ONE COMES UP WITH THE FEET. >> FOR RESIDENTIAL, ALL THAT CITY ENGINEERS BE CLEARLY THE WAY THE CALCULATION ENDS UP, IT WILL ALWAYS BE JUST UNDER 4000. BUT FOR COMMERCIAL OR ANY OTHER

DIFFERENT ONES. >> THAT'S WHAT I TELL PEOPLE ABOUT 4000 BUT I DON'T KNOW HOW WE GOT TO THAT.

>> GOOD MORNING MAYOR COUNCIL FOR THE RECORD CITY ENGINEER THE WAY WE GOT TO THE $4000 NUMBER WAS BACK IN 2018 TO DO THE MOBILITY MASTER PLAN SIMILAR TO THE ONE THAT YOU APPROVED IN THE WATER AND WASTEWATER AND SAME THING FOR TRANSPORTATION.

THE ADDED UP THE COST THE ENGINEER ESTIMATES FOR ALL OF THOSE IN THE CITY PROJECTS AND DIVIDED THAT OUT AND SAID BASED ON A CERTAIN TRIP GENERATION, MIRACLE MILE BASICALLY.

THAT'S WHERE WE CAME UP WITH THAT FEE, THAT PROCESS.

THAT IS BROKEN DOWN BY SINGLE-FAMILY RESIDENTIAL, MULTI-FAMILY RESIDENTIAL AND ALL THE USES AND EACH GENERATES A CERTAIN NUMBER OF TRIPS FOR SQUARE FOOTAGE OR WHATEVER THE CASES AND THAT IS HOW WE CALCULATE UNTIL THE DEVELOPER

HOW MUCH THEY ALL WAS. >> WHAT IS THE LAND USE PER

VEHICLE. >> THE LAND USE PER VEHICLE?

>> WHAT IS THAT. >> IT IS A RATIO I GRAB THE COMPUTER TO TELL YOU EXACTLY WHAT THE BREAKDOWN TO BUT BASICALLY LET'S SAY YOU HAVE COMMERCIAL USE WITH THE COMMERCIAL LAND USE. THAT'S 50000 SQUARE-FOOT COMMERCIAL BUILDING, THEN THEY HAVE A FORMULA THAT WAS DONE ORIGINALLY BASED ON ITE MANUAL WHICH IS THE INSTITUTE FOR TRAFFIC ENGINEERING THAT EACH OF THESE DIFFERENT USES GENERATE A NUMBER OF TRIPS AND THEN THEY FIGURE OUT THROUGH THE ANALYSIS HOW MANY TRIPS AND HOW FAR THOSE TRIPS GO, THAT'S HOW YOU'RE GOING TO BACK INTO A MIRACLE MILE PER LAND USE.

>> I THINK ON THE SECOND READING THE AUTO PUT IN THE ICM ITE

[03:45:04]

I DON'T HOW YOU BUDGET WHAT YOUR IMPACT FEES ARE GOING TO BE FOR ROADS IF EVERY TIME IT CHANGES AND YOU CALCULATE THE CHANGE.

WE NEED A SET NUMBER I DON'T KNOW IF IT'S A BETTER WAY BUT I THINK BETWEEN NOW THE NEXT READING WE HAVE A BETTER WAY OF DOING IT SO IT DOESN'T CHANGE PEOPLE CAN COME BACK AND I TELL YOU MOST PEOPLE DON'T KNOW WHAT THAT IS AND SINCE WE HAVEN'T TAKEN CHARGE OF IT VERY WELL WE DON'T REALLY KNOW EFFECTIVELY WHAT IT WAS. THERE ARE TO BE AN EASIER WAY TO DO IT. I JUST PUT THE OTHER COMMENT.

I DON'T THINK IT NEEDS TO HOLD UP THE FIRST READING.

>> ANY OTHER QUESTIONS, COMMENTS OR ACTION FOR THE ORDINANCE?

>> I MAKE A MOTION TO APPROVE ORDINANCE O-2023 E- 14 AS

PRESENTED. >> SECOND.

>> MAYOR PRO TEM GORDON, SECOND BY COUNCIL MEMBER KINSEY.

ANY OTHER DISCUSSION? HEARING NONE.

PLEASE CALL ABOUT. >> COUNCIL MEMBER KINSEY.

>> YAY. >> MAYOR PRO TEM GORDON.

[12.3. Consideration and possible action on Ordinance O-2023-019 to amend the budget for the participation in the design and construction costs related to Segment 3 of the Southeast Loop (FM 3349) Waterline County Project next to the Frame Switch Pump Station, and authorizing the City Manager to execute change orders. This action would budget $2,022,366 for this project from American Rescue Plan Act (ARPA) funds. ]

>> YAY. >> COUNCIL MEMBER KOHLER.

>> YAY. >> COUNCIL MEMBER CLARK.

>> YAY. >> COUNCIL MEMBER THORTON.

>> YAY. >> COUNCIL MEMBER SUTTON.

>> YAY. >> MAYOR SNYDER.

>> YAY. MOTION PASSES 70 BACTERIA.

NEXT WE HAVE ITEM 12.3 CONSIDERATION OF POSSIBLE ACTION 019 TO AMEND THE BUDGET FOR THE PARTICIPATION IN THE DESIGN OF CONSTRUCTION COST RELATED TO SEGMENT THREE OF THE SOUTHEAST LOOP FM 439 WATER LANE COUNTY PROJECT TO THE FRAME SWITCH PUMP STATION AND AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDERS THIS ACTION WOULD BUDGET $2,022,326,000 FOR THIS PROJECT FROM AMERICAN RESCUE PLAN ACT ARPA

FUNDS. >> MORNING AGAIN MAYOR COUNCIL MATT RECTOR CITY ENGINEER.

THIS ITEM BEFORE YOU NOW IS BASICALLY THE NEXT STEP, THERE WAS ORIGINALLY DONE BACK IN DECEMBER OF 21. AN UPDATE TO THAT WAS BROUGHT TO YOU IN OCTOBER 20TH OF 2022 AS A RESOLUTION. THIS BUDGET AMENDMENT FOLLOWS UP THE RESOLUTION TO PUT THE MONEY IN THE BUDGET SO WHEN THE COUNTY STARTS BILLING US FOR THIS EFFORT TO HAVE THE MONEY BUDGETED TO REIMBURSE THEM.

>> IT IS NOT 2 MILLION MARK, JUST 400,000 MORE? WHAT IS GOING FROM 1,000,000.618 MAXIMUM TO NATURALLY 5% INCREASE TO 2,000,022.

IS THAT RIGHT? >> YES, SIR.

THE REASON WE GOT THAT BUDGET NUMBERS BECAUSE BASICALLY THAT IS THE MAXIMUM THAT CAN EVER COME THROUGH CHANGE ORDER.

BY STATE LAW UP TO 25% THAT'S HOW WE GOT TO THAT NUMBER. 1.687893 IN THERE BUT WE ADDED 25% IN CASE IT NEEDS TO BE CHANGE ORDERS TO GET THOSE CHANGE ORDERS.

IT'S AN INCREASE OF $400,000.

ANY OTHER DISCUSSION? SMACK MOTION TO APPROVE

123 AS PRESENTED. >> MOTION BY COUNCILMAN

MACKENZIE. >> SECOND.

>> SECOND BY COUNCIL MEMBER SUTTON.

ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE PLEASE CALL ABOUT.

>> COUNCIL MEMBER THORTON.

>> YAY. >> COUNCIL MEMBER KOH

KOHLER. >> YAY.

>> MAYOR SNYDER. >> YAY.

>> COUNCIL MEMBER CLARK. >> YAY.

>> MAYOR PRO TEM GORDON. >> YAY.

>> COUNCIL MEMBER SUTTON.

>> YAY. >> COUNCIL MEMBER

KINSEY. >> YAY.

[13.1. Consideration and possible action on Resolution R-2023-041, a Resolution approving a revised Economic Development Performance Agreement for Project NQ2 and enter into a Sales Tax Funding Agreement with the Hutto Economic Development Corporation. (Bob Farley)]

>> MOTION PASSES 7 - 0. >> BUDGET AMENDMENT

REQUIRES TWO READINGS. >> YES, IT'LL COME BACK NEXT TIME NEXT WE HAVE 13.1, CONSIDERATION OF POSSIBLE ACTION RESOLUTION ARE-2023 JOSHUA 41. A RESOLUTION APPROVING A REVISED ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT FOR PROJECT IN Q2 AND ENTER INTO A SALES TAX FUNDED AGREEMENT WITH THE HUTTO ECONOMIC DEVELOPMENT CORPORATION.

>> MAYOR I MAKE A MOTION TO APPROVE RESOLUTION ARE-2023-041 AS PRESENTED WITH THE TWO MODIFICATIONS AS PRESENTED IN EXECUTIVE SESSION AND DO I NEED TO

[03:50:02]

>> MOTION BY MAYOR PRO TEM GORDON.

>> SECOND. >> SECOND BY COUNCIL MEMBER CLARK. ANY OTHER DISCUSSION ON

THE MOTION? >> HEARING NONE PLEASE

CALL THE VOTE. >> ON SOME OF HER CLARK.

>> YAY. >> MAYOR SNYDER.

>> YAY. >> COUNCIL MEMBER

SUTTON. >> YAY.

>> COUNCIL NUMBER KOHLER.

>> YAY. >> COUNCIL MEMBER

KINSEY. >> YAY.

>> COUNCIL NEVER THORTON.

>> YAY. >> MOTION PASSES 7 - 0.

CABLE TABLE 13.2 UNTIL SUCH TIME IS READY.

ANY OBJECTIONS. >> POSTPONE.

>> WAS THE PROPER WORD, I FORGET.

[14.1. Public hearing, consideration and possible action on the Amended Project and Financing Plan for Tax Reinvestment Zone Number Two. (Legal)]

>> POSTPONE. >> THEM WILL GO TO ITEM 14.1, PUBLIC HEARING, CONSIDERATION OF POSSIBLE ACTION ON THE AMENDED PROJECT OF FINANCING PLAN FOR TAX REINVESTMENT ZONE NUMBER

TWO. >> DOES SOMEONE HAVE TO

OPEN THE PUBLIC HEARING? >> MAYOR COUNCIL THIS IS THE TUBE I BELIEVE YOU'VE SEEN THIS BEFORE THE ONLY ADDITIONAL CHANGES AS ADDING HIGHWAY 132 OVERPASS SO IT WOULD BE INELIGIBLE PROJECT FOR TEARS TO IN THE CHANGES WITH THE 28 YEAR LIFESPAN TO MATCH TEARS THREE ENDED UP BEGINNING 2019 AND 2047 AND IS A 50% TAX

INCORPORATION. >> WILL OPEN THE PUBLIC HEARING OUT AT 1:03 A.M. MARCH 24.

ANYBODY FROM THE PUBLIC THAT WH WISHES TO COME UP AND SPEAK ON THIS ITEM? SEEING NO ONE, WE WILL CLOSE THAT AT 1:04 A.M. TO CITY COUNCIL

DISCUSSION AND ACTION. >> I MAKE A MOTION TO APPROVE THE AMENDED PROJECT INVESTMENT ZONE

NUMBER TWO AS PRESENTED. >> MOTION BY COUNCIL

MEMBER CLARK, A SECOND. >> SECOND BY MAYOR PRO TEM GORDON, THE DISCUSSION ON THE MOTION. HEARING NONE, PLEASE

CALL THE VOTE. >> COUNCIL MEMBER

SUTTON. >> YAY.

>> COUNCIL MEMBER KINSEY.

>> YAY. >> MAYOR SNYDER.

>> YAY. >> MAYOR PRO TEM GORDON.

>> YAY. >> COUNCIL MEMBER

KOHLER. >> YAY.

>> COUNCIL MEMBER CLARK. >> YAY.

>> COUNCIL MEMBER THORTON.

>> YAY. >> MOTION PASSES 7 - 0.

[15. CONSENT AGENDA ITEMS]

THERE'S NO OTHER ITEMS. ENTERTAIN A MOTION TO ACCEPT THE REST OF THE CONSENT.

>> SO MOVED. >> SECOND.

>> OF MOTION BY COUNCILMAN MACKENZIE, SECOND BY COUNCIL MEMBER CLARK APPROVING ITEM 15.1, 15.2, 15.4, 15.5, 15.6, 15.7, 15.8, 15.9, 15.10, 15.11 AS PRESENTED, ANY DISCUSSION ON THE MOTION? , HEARING NONE, PLEASE CALL THE VOTE.

>> COUNCIL MEMBER THORTON.

>> YAY. >> MAYOR SNYDER.

>> YAY. >> COUNCIL MEMBER

KOHLER. >> YAY.

>> COUNCILMAN CLARK. >> YAY.

>> MAYOR PRO TEM GORDON. >> YAY.

>> COUNCIL MEMBER SUTTON.

>> YAY. >> COUNCIL MACKENZIE.

>> YAY. >> MOTION PASSES 7 - 0.

[15.3. Discussion and possible action to execute Individual Project Order (IPO) 2023-06 for professional services with Garver, LLC to perform preliminary engineering design for County Road 132 from CR 199 to Limmer Loop, Transportation Capital Improvement Project T6, in the amount of $927,920.96 (Matt Rector)]

[03:55:01]

I SPOKE BRIEFLY WITH THE CITY MANAGER AND I WON'T MAKE A LONG THING ABOUT IT.

HOW DO WE ENSURE THIS PROJECT STAYS ON SCHEDULE BECAUSE SOME OF THE OTHER THINGS WE DON'T SEEM TO HAVE A SINGLE ENGINEERING PROJECT THAT IS ON TIME AND WE'VE GIVEN THIS ONE COMPANY A LOT OF PROJECTS IN IS ONE OF THE ISSUES THAT I'VE ENCOUNTERED OVER THE PAST YEAR LISTENING TO PEOPLE, THEY DON'T GET GOOD COMMUNICATION BACK. WE HAD ANOTHER PROJECT ON EDC THAT FELL A MONTH BEHIND DUE TO LACK OF COMMUNICATION BY THE SAME COMPANY.

MY FEAR IT DOESN'T FE FEEL -- IT FEELS LIKE THERE ALSO THE BANDWIDTH THROUGH TO BUSY.

I'M WONDERING DOES IT MAKE MORE SENSE TO WAIT UNTIL YOU ALL PICK A NEW RFQ SYSTEM AND WE TRY A DIFFERENT ENGINEERING FIRM TO WHERE WE CAN KEEP THESE PROJECTS OVER HERE ON TIME.

WE HAVE ANOTHER PROJECT WE DON'T HAVE TOO MUCH GOING ON AT ONE GROUP AT A TIME OR DO WE JUST DO ANOTHER ONE IN THE YEAR LATER HOPE THAT WE GET A DIFFERENT RESULT? THAT'S KIND OF BEEN MY BEEF FOR A WHILE AND THEY DIDN'T TALK ABOUT ANY OF THE OTHER ONES ON THEIR BUT I WOULD LIKE TO SEE -- WAS TOLD THE CITY MANAGER I WOULD LIKE TO SEE THIS TABLE, POSTPONE UNTIL YOU COME BACK WITH THE DEAL IN THE ONE DESIGN MAY PUSH BACK TWO WEEKS OR A MONTH BUT IT'S LIKE A YEAR END A HALF OF DESIGN WORK AND WE DON'T HAVE THE MONEY TO SET UP TO PAY FOR THE BRIDGE ANYWAY. SO IN MY MIND THAT'S WHAT WAS GOING ON. THAT'S ABOUT THE NICEST WAY I SAY IT IN TALKING TO YOU.

I THINK GARBER DOES GREAT WORK.

I JUST TAKE EVERYBODY IF I GIVE YOU TOO MUCH WORK AND YOU START DROPPING THE BALL THE LAST THING I THINK WE SHOULD DO IS GIVE YOU MORE WORK IN CRITICIZING AND KNOCKING THE JOB DONE.

WE SHOULD SAVE MAYBE WE NEED TO HIRE ANOTHER PERSON HELP YOU OUT IS WHAT MY THOUGHT PROCESS

WAS. >> WHAT BALLS HAVE THEY DROPPED IN THE PAST? DO WE HAVE SOME

EXAMPLES. >> SPINE ROAD, BOSTON

THE ENTIRE MONTH. >> REMIND ME.

>> WAITING FOR A DESIGN ISSUE.

I FORGOT WHAT IT WAS. YOU AND I TALKED ABOUT IT. WAITING TO GET

INFORMATION BACK. >> I CAN'T REMEMBER SPECIFICALLY BECAUSE THEY DID NOT GO BACK AND

RELOOK. >> FOR A YEAR END HALF WE ARE THE COMPANY TO MANAGER CITY ENGIN ENGINEERING. IN THE YEAR END HALF WE DON'T HAVE ANY PROJECTS IN CONSTRUCTION.

WOULD HAVE ANY PROJECTS THEY'RE ALL STILL IN DESIGN I DON'T KNOW WHAT THE PROBLEM IS BUT WE SHOULD NEVER PROJECT, CURBS BEING POURED, ASPHALT BEING LAID, THINGS BEING ENGINEERED OVERSEEN AT WHAT HAPPENED BUT YOU TWO COPIES HD ENVY AND GARBER, THE BIG ONES.

NEITHER ONE OF THOSE ANYBODY IS ON.

>> TO BE HAVE EVIDENCE. >> I THOUGHT WE CHANGE THE SCOPE I THOUGHT IT WENT FROM A TWO LANE TO A FOUR-LANE AND THAT CAUSE THE PROBLEM OF FULL BUILDOUT AND I THINK WE ONLY WENT HALFWAY IN VERSUS THE WHOLE SCALE, THAT'S MY RECOLLECTION AT 1:30 A.M.

>> I MAYBE MISS UNDERSTAND THE SPINE ROAD. THE WAY IT WAS AWARDED IS BASED ON THE SCHEDULE THAT I'M LOOKING AT

DAILY THAT IS ON TRACK. >> THE 30% GOT BEHIND BY A MONTH ON EDC WERE FREAKING OUT THE ROAD IS SUPPOSED TO BE DESIGNED BY MARCH.

IT IS NOT DONE. THE COMMENT WAS AROUND NOVEMBER OR DECEMBER. HE GOT INTO A CONVERSATION WITH SOMEBODY IN THE ANSWER WAS I AM WAITING TO HEAR BACK FROM YOUR PEOPLE, RIGHT BEFORE YOU GOT HERE, ARE PEOPLE BEING ESSENTIALLY GARVER. WAITING FOR INFORMATION IT'S CAUSED US A MONTH. I'M WAITING FOR THE CITY MANAGER IS THAT I CAN'T DEAL WITH THE CONSTANT DELAYS, PEOPLE HAVE GOT TO RETURN E-MAILS, WHETHER IT BE AN SCR REQUESTER SOMETHING

PEOPLE GO MONTHS. >> TO THE POINT GARVER IS AN ENGINEERING FIRM DESIGNING ROADS VERSUS

[04:00:02]

IT'S TOO DIFFERENT COMPLETELY -- WHEN HE SAID DROPPED THE BALL YOUR SAME DROPPED THE BALL IN A ROLE THAT IS NOT GARVER'S SPECIALTY OF HAVING A TEAM OF ENGINEERS DESIGNING A ROAD VERSUS GETTING SOMETHING BACK TO ANOTHER GROUP THAT IS DESIGNING SOMETHING.

THAT'S A DIFFERENT ISSUE, WHEN YOU TALK ABOUT THE SCR'S THE REASON THEY GOT BEHIND BECAUSE THEY HAD A LOT WATER MODEL THAT WOULD WORK. ONCE THAT'S DONE IN THE OTHER ITEMS WE PASSED FOR CONTENT.

REDOUND TO A SEVEN DAY ROLLING AVERAGE ON THE SCR'S. I THINK YOU'RE COMPLETING TWO DIFFERENT ISSUES IF YOU DROPPED THE BALL IN THE ENGINEERING JOB YOU CONSIDER PRESCRIBED, WHEN THERE NO ROLE THAT IS NOT THERE. THAT IS TWO DIFFERENT

WAYS FOR A JOB FUNCTION. >> YOU KEEP SAYING IS NOT IN THE WHEELHOUSE, WE PAID THE $1.25 MILLION FOR WHATEVER THE NUMBER WAS FOR A YEARS WORTH OF ENGINEERING SERVICES.

IF IT WAS IN THE HOUSE I SURE AS HECK HOPE IS NOT A WHEELHOUSE WE SHOULDN'T DO THAT.

HOW DO WE KNOW AND IF YOU LOOK AT THE EXHIBITS OF THE BRIDGES AND ROADS ACROSS THE STATE OF TEXAS IN THE UNITED STATES AND ALL THE REQUIREMENTS IN OPPOSITION YOU WOULD SAY PROBABLY NOT PREPARED. I WOULD ARGUE THEY ARE CAPABLE OF THAT. THE BIGGEST ISSUE I WANT COMMUNICATION. IF ORGANIST SPEND A MILLION DOLLARS TO DESIGN A BRIDGE AND THEY SAY IT'S GOING TO BE DONE IN 12 MONTHS AND I EXPECT 14 OR 15 MONTHS. THIS IS A HISTORY THAT EXCUSES WHY IT'S NOT DONE WE GIVE SIX MORE MONTHS AND ANOTHER REASON I'M JUST SAYING WE HAVE THE SAME TWO FIRMS ARE CONTROL EVERYTHING AND NOTHING IS GETTING DONE.

FOR ME IF IT'S NOT WORKING YOU DON'T KEEP GOING DOWN THE SAME PATH AND ASKING YOURSELF THE NUMBER ONE ISSUE THE CITY HAS, THEY WANT STUFF DONE. IN MY MIND THE ONE THING THAT WE CAN DO IS TRY SOMEBODY ALSO LIKE UNTIL THE CITY MANAGER WE MIGHT FIND A NEW ENGINEERING FIRM. WE THOUGHT THIS WAS BAD, THIS IS ACTUALLY REALLY GOOD, THIS IS ACTUALLY REALLY BAD. I DON'T WANT TO DRAG YOU DOWN UNTIL 2:00 O'CLOCK IN THE MORNING.

>> I DON'T THINK IT'S FAIR TO LAY EVERYTHING AT GARVER'S FEET. COUNCILMAN CLARK'S POINT, THEY DID US A FAVOR, THE CITY MANAGER APPROACHED THEM ABOUT 18 MONTHS AGO AND SAYS CAN YOU HELP US OUT FOR A COUPLE MONTHS.

AND THEY KEPT DRAGGING AND DRAGGING AND THEY WENT TO AN INTERIM AND CAN HELP US OUT SOMEWHERE AND HELP US ALSO MORE.

WE STRING THEM ALONG AND I THINK THEY WERE DOING A FAVOR AND WE KEPT EXTENDED WITHOUT ANY KIND OF PLAN FOR WERE GOING TO DO LONG-TERM AND WE FINALLY GOT IT FIGURED OUT.

I DON'T TAKE IT'S FAIR TO LAY EVERYTHING AT

THEIR FEET. >> WE SIGNED AGREEMENT WE HAD A WHOLE DEBATE I SAID WE NEED TO HAVE A NOT TO EXCEED AMOUNT BECAUSE I'M AFRAID IT'S GOING TO GET REALLY HIGH AND SOMETHING TO THE EFFECT OF IT AND JUMPING UP $500,000 BEFORE WE

KNOW IT. >> IT WAS AN 18 MONTH AGREEMENT, I DON'T REMEMBER THAT.

>> IT WAS FOR A YEAR, THE AGREEMENT AND SINCE THAT TIME WHEN IT CAME OUT FOR THE LAST BUDGET I BEEN TRYING TO GET OFF OF THAT.

UNDERSTAND INSTRUMENT ALONG BECAUSE THEY GOT PAID ENORMOUS AMOUNT OF MONEY.

NO ONE SEEMS TO BE WILLING TO DO THAT.

>> I DON'T KNOW WHY YOU WERE EXPECTING THE EAST-WEST ARTERIAL TO BE DONE THAT WAS NEVER PROJECTED THAT SPINE ROAD WOULD BE DONE IN THAT TYPE OF TIMEFRAME THAT YOU'RE TALKING

ABOUT. >> OR NOT ENGINEERING IT, SYMBIOSIS ENGINEERING IT BUT THEY NEEDED INFORMATION FROM GARVER TO COMPLETE THE ENGINEERING AND IT TOOK A MONTH TO GET THE INFORMATION. I DON'T REMEMBER THE SPECIFIC THING. BUT IT DOESN'T MATTER.

>> WILL JUST TAKE YOUR WORD I GUESS.

>> THE CITY MANAGER SAID HE CAN'T REMEMBER THE DETAILS. IT WAS BEFORE MATT GOT

HERE. >> I THINK WE DID A PHENOMENAL FANTASTIC J JOB.

[04:05:02]

TO SAY NO WORK HAS BEEN DONE IN 18 MONTHS AND THEY'RE JUST DRAGGING THEIR FEET OR EVERY OTHER MEETING WERE ATTACKING ON A NEW PROJECT A NEW PROJECT, NEW PROJECT.

AND ACTUALLY TO CHANGE THE SCOPE OF THE PROJECT THAT WE TOLD YOU TO DO, HOW MANY TIMES HAVE WE DONE AS A COUNSEL. WE ACTUALLY WANT THIS I STILL DIDN'T EVEN KNOW THE ANSWER FOR LIVE OAK.

>> WHO RECOMMENDS HIS CHANGES TO THE PROJECT, GARVER COMES UP AND SAYS THE RECOMMENDED CHANGE.

>> I THINK WE HAVE RECOMMENDED SEVERAL AND SAY WHAT I WOULD DO THE FULL BILL OUT LET'S DO

THE FOUR-LANE. >> I'M SORRY MIKE, LIKE I'M SAYING, IT IS A COUNCIL MEMBER THAT'S BEEN UP YOUR FOR TWO YEARS I DON'T KNOW WHERE ANSWER IS A COUNSEL AS HER VISION FOR LIVE OAK.

I THINK IT'S COMPLETELY UNFAIR TO LAY EVERYTHING AND SAY THAT WE PAY THEM AND WE HAVE ABSOLUTELY NOTHING TO SHOW FOR AND HAVE NO ACCOUNTABILITY FOR YOURSELF OR AS A COUNSEL THAT WE HAVE CHANGED OUR MINDS ON SOME OF THE PROJECTS IN THE SCOPE OF THE PROJECTS.

THAT WOULD IN PARTICULAR THAT YOU ARE MENTIONING THAT SOMEONE SAID. WE ARE JUST WAITING ON THEM. MAYBE THEY WERE JUST FEEDING YOU THAT TO GET THEM OFF YOUR BACK.

I DON'T HOW MUCH THOUGHT WAS PUT INTO THE ESPECIALLY SINCE THE PROJECT IS AN EVEN SLATED TO BE DONE UNTIL 2025.

I MEAN THAT'S JUST MY SIDEBAR,.

>> WHO DID THE ORIGINAL DESIGN WORK ON THIS

BRIDGE? >> ON THE COUNTY ROAD 32 OVERPASS. IT WAS AWARDED IN 2019.

IN GENERAL THIS RESEARCH.

THEY ORIGINALLY CAME TO THE COUNCIL WITH THREE DIFFERENT PREFERRED ALIGNMENTS AND THE COUNCIL CHOSE ONE. I DON'T WANT TO GET INTO ALL THE OLD STUFF BUT PERFECT KING CAME ALONG AND THE ALIGNMENT WAS MOVED SO THEY HAD ALREADY GOT THE 60% DESIGN.

THE 60% DESIGN WENT TO THE GARBAGE AND THEY STARTED OVER. CAN'T THEY GO IN THE DUMPSTER? IT WAS DESIGNED AS 60%, SURELY THE INFORMATION IS STILL SOMEWHERE.

WE HAD IT FOR WHATEVER REMEMBER IT'S WHERE WE WANT IT NOW AND THEN I GOT MOVE.

AND THEN REMOVING IT BACK.

WITH THE 60% WAS, WHY CAN'T WE USE THAT.

IT'S IN A DIFFERENT SPOT THAN THAT.

>> ACTUALLY HAVE THIS CONVERSATION WITH GARVER. AND WE GOT FILES FROM HDTV, OR WAS AWARE OF THE INFORMATION WE'VE BEEN LOOKING THROUGH. AS SOME OF THE OLD INFORMATION THAT THEY HAD COLLECTED THROUGH SOME OF THEIR SURVEYS, SOME OF THE ENVIRONMENTAL STUFF, WE CAN REUSE.

SOME BECAUSE WERE IN A RELOCATION WE'RE GOING TO HAVE TO GO AND GET MORE DATA.

THE GEOTECHNICAL INFORMATION THEY WENT OUT WERE DOING BORINGS WHEN THE CITY DECIDED TO STOP THE PROJECT. BECAUSE IT SAT ON HOLD FOR SO LONG IN THE PROJECT WAS TERMINATED FOR THROUGH THE SAMPLES AWAY.

AND WE DON'T HAVE A GEOTECHNICAL ANALYSIS TO PULL FROM THAT DATA. WHO KEEPS MOVING THE BRIDGE WERE NOT VOTING ON MOVING THE BRIDGE, HOW DO WE KNOW THIS IS WHERE THE BRIDGE IS GOING TO GO SINCE WE DON'T REALLY KNOW WHO'S

MOVING IT? >> PART OF THIS CONTRACT IS TO KIND OF IGNORE, NOT COMPLETELY IGNORE, SORRY I'M A LITTLE SLEEP DEPRIVED.

IT'S BASICALLY TO NOT LOOK WHAT WE DID IN THE PAST AND KNOW THAT WE HAVE TELECOM TOWERS AND POWERLINES AND ALL THAT KIND OF STUFF THAT WE WANT TO AVOID, WE DON'T WANT TO SHIFT FURTHER TO THE EAST TO GET AWAY FROM PERFECT GAME BECAUSE IS NO LONGER A THING.

WE ACTUALLY HAVE TO SHIFT FURTHER TO THE WEST TO AVOID THE TELECOM AND ALL THAT STUFF THAT IS THERE NOW. THE GARVER PROJECT IS GOING TO BRING THE ALIGNMENT, THE PREFERRED ALIGNMENT LOOKING TO DO A ROUTE STUDY AND GO THROUGH THE WHOLE ANALYSIS AGAIN.

TO AN EXTENT AND STARTING OVER NANCY THIS IS WHERE THE BRIDGE FITS BASICALLY IS WHAT WERE

[04:10:04]

THAT IS THE ANALYSIS THAT WERE GET A BRING FORWARD AT THE ROW ANALYSIS.

GET COUNSEL'S BLESSING AND MOVE ON TO DESIGN.

>> ONE OF THE QUESTIONS I HAD HAD RAILROAD AND TEXTILE ISSUES AND SPECIFICALLY PUSHING BACK BECAUSE THE NUMBER OF CROSSINGS.

SO IF WE MOVE IT TO THE SPOT THAT CHECKS ALL THE

BOXES. >> PART OF THE CONTRACT ORGANIST AT THE ENGAGEMENT.

WE ALREADY MET WITH TXDOT ONCE.

WE HAVEN'T EVEN STARTED THE CONTRACT.

WE'RE GOING TO START THE ENGAGEMENT WITH UPR EARLY IN THE PROJECT RATHER THAN WAITING TILL FURTHER ALONG WAITING UNTIL YOU'RE AT 60% AND 90% TO START THE WHOLE CORONATION AND START GETTING THEIR REVIEWS AND THEIR ANALYSIS WE'RE GOING TO START THE PROJECT IN THE CORONATION EARLIER IN THE PROJECT.

THEY HAVE ARE CONCEPT PLANS EARLY ON TO PROVIDE US FEEDBACK SO WE CAN MAKE THE ADJUSTMENTS EARLY AND OFTEN RATHER THAN

WAITING TOWARDS THE END. >> YOU KNOW HOW WERE USING FUNDS FOR THE CROSSING AT 1660.

IS ANY OF THE APPLICABLE TO THE BRIDGE?

>> I DON'T KNOW THE ANSWER BUT I CAN CHECK

INTO THAT. >> I WOULD BE CURIOUS.

>> THE BRIDGE HAS A HIGH PRICE TAG SO THAT WOULD

BE NICE. >> AND USING GRANTS AND FEDERAL FUNDING WOULD DELAY THE PROJECT.

THAT DOES TACK ON MORE TIME.

HOW MUCH IS TIME WORTH ON A 45 MILLION-DOLLAR

PROJECT. >> ANYTHING ELSE?

>> ON ENTERTAIN A MOT MOTION.

>> A MOTION TO APPROVE 15.3 AS PRESENTED.

>> TWO WE HAVE A SECOND? >> SECOND.

>> MOTION BY COUNCIL MEMBER KINSEY, SECOND BY COUNCIL MEMBER KOLAR, ANY OF THE DISCUSSION ON THE MOTION? HEARING ON.

CALL THE VOTE. >> COUNCILMAN PERCENT.

>> YAY. >> COUNCIL MEMBER

KINSEY. >> YAY.

>> MAYOR SNYDER. >> YAY.

>> COUNCIL MEMBER THORTON.

>> YAY. >> COUNCIL MEMBER CLARK.

[16. CITY COUNCIL COMMENTS]

>> YAY. >> COUNCIL MEMBER KOLAR.

>> YAY. >> MAYOR PRO TEM GORDON.

>> YAY. >> MOTION PASSES 60.

>> 60 AND TRAN16 - 1.

THERE'S NO OTHER ITEMS, GENERAL COMMENTS FROM

THE CITY COUNCIL. >> I DON'T ASSOCIATE THIS LATE AT NIGHT. BUT WE DO HAVE APRIL 1 THE HUTTO WOMAN'S ALLIANCE 5K AND WERE GOING TO BE COMPETING AGAINST ISD.

I THINK EVERYBODY FROM THE COUNCIL MOST EVERYBODY WILL PARTICIPATE, THAT WILL BE REALLY GOOD. SO EVERYBODY COME OUT AND WILL GIVE YOU ALL THE RESULTS, HOPEFULLY THAT WE WIN ON APRIL 6. WE LOOK FORWARD TO THE AT THE NEXT COUNCIL MEETING.

>> ANY OTHER COUNSEL COMMENTS? NOW 16.2 CITY COUNCIL LIAISON REPORTS.

>> I POSTED A LIAISON REPORT FOR THE HISTORIC PRESERVATION COMMISSION ON THE ONLINE MISSIONS BOARDS SO THOSE OF YOU INTERESTED YOU CAN SEE IT LIVE A GREAT PRESENTATION FROM THE CITY OF DENTON ON WHAT THEY DO FOR HISTORIC PRESERVATION MONTH WHICH IS THE MONTH OF MAY SO WE WANT TO DO SOMETHING STARTING NEXT YEAR AND

PUT A PROPOSAL TOGETHER. >> ALRIGHT.

>> ANY OTHER LIAISON REPORTS?

>> I HAVE MINE FROM THE PARKS ADVISORY BOARD LIKE MAYOR PRO TEM GORDON I POSTED MY REPORT ON THE ONLINE MESSAGE BOARD, YOU ALL CAN CHECK THAT OUT WHENEVER YOU GET A CHANCE. THANK YOU.

>> LAST CALL FOR THE LIAISON REPORT.

>> WITH FUTURE AGENDA ITEMS.

>> I HAVE ONE I'M NOT SURE HOW TO WORD IT BUT ESSENTIALLY I THINK EVERYBODY WAS SHELLSHOCKED APPEAR AS WELL AS ALL THE CITIZENS OF HUTTO WITH THE JURY FINDINGS IN THE OTIS CASE. SO HAVING AN AGENDA ITEM FOR US TO ACKNOWLEDGE THAT AND MAYBE TALK

[04:15:04]

>> SOMEBODY WITH GREAT WORDING.

>> THANK YOU DOTTIE, SOME SORT OF ACKNOWLEDGMENT WITH THAT.

>> ANY OTHER AGENDA ITEMS?

>>

* This transcript was compiled from uncorrected Closed Captioning.