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 (City Council)

[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 (City Council) ]

>> I APPRECIATE IT, AS ALWAYS. >> HAVE A GOOD EVENING.

>> THANK YOU. >> NEXT WE HAVE ITEM 9-1.

(APPLAUSE) 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 ZONE BOARDS AND AREA GOVERNMENT APPOINTMENTS.

>> SO THIS MEETING WE DON'T HAVE ANYTHING.

WE ANTICIPATE IN JUNE THAT WE WILL HAVE THE RENEWALS OF BOARD MEMBERS. THEIR TERMS WILL BE EXPIRING JULY 1. WE WILL HAVE A BIG THING IN JUNE. TO GET MORE APPLICANTS.

WE WILL GO THROUGH THAT PROCESS. I WOULD SAY WE WILL HAVE COUNCIL AFTER THE ELECTION. AT LEAST ONE NEW MEMBER OF THE BOARDS AND COMMISSION TASK FORCE.

WE WILL LOOK TO DO THAT IN JUNE. >> ALL RIGHT.

DID YOU GUYS MEET AT ALL ABOUT REMOVING THE PERSON ON THE

ETHICS BOARD? >> NO.

>> NO? THAT HASN'T HAPPENED? ARE YOU GUYS PLANNING ON MEETING ON THAT?

WHATEVER HAPPENED TO THAT? >> NO.

WE ARE NOT PLANNING TO MEET ON THAT.

AGAIN, IT WAS JUST ONE OF THOSE THINGS THAT I THINK THE ETHICS BOARD, IN PARTICULAR, HAS A LITTLE BIT MORE WEIGHT.

ANYONE THAT WOULD GO BEFORE THE ETHICS WOULD WANT TO HAVE A FAIR CASE AND JUST SOME THINGS ON SOCIAL MEDIA WOULD LEAD ME TO BELIEVE THAT THERE WOULD BE SEVERAL THAT WOULD NOT HAVE A FAIR CASE IF THEY WERE TO GO IN FRONT OF THE ETHICS BOARD.

SOMETHING TO KEEP IN MIND. >> OKAY.

WE ARE NOT MOVING ANYBODY IN AT THIS POINT.

>> NO, SIR. >> ANY OTHER DISCUSSION ON 9-1?

[00:55:01]

>> MAYOR, I WOULD LIKE TO MAKE A MOTION BECAUSE-- BEFORE WE GO TO EXTIVE SESSION. TO MOVE 12-1 UP IF THERE IS NO

[12.1. Consideration and possible action relating to Resolution No. 104 to approve the Amended and Restated Co-OP Master Development Agreement for the Hutto Co-OP District (Legal) ]

OBJECTION. >> HEARING NONE, WE WILL MOVE ON ITEM 12-1. CONSIDERATION OF POSSIBLE ACTION RELATING TO RESOLUTION NUMBER 104 TO APPROVE THE AMENDED AND RESTATED CO-OP MASTER DEVELOPMENT AGREEMENT FOR THE

HUTTO CO-OP DISTRICT. >> MAYOR, COUNCIL, FOR THE RECORD, JAMES IRP. I WANT TO SAY REAL QUICK, SO THE PUBLIC KNOWS, WE HAVE A NEGOTIATED, AMENDED, AND RESTATED AGREEMENT. THE DEVELOPER'S REPRESENTATIVES ARE HERE. THEY HAVE COME TO TERMS AND WE ACTUALLY HAVE THEIR SIGNATURE ON THE AGREEMENT READY TO GO.

SO THEY HAVE OFFICIALLY EMBRACED THE AGREEMENT AS IT IS.

I INTEND TO KIND OF STEP THROUGH SOME OF THE CONTENTS OF THE AGREEMENT JUST, YOU KNOW, TO WALK THROUGH IT AND EXPLAIN WHAT THOSE ITEMS ARE. AND THEN OF COURSE, WE CAN ENTERTAIN ANY TYPES OF QUESTIONS OR ADDITIONAL FOLLOW-UP.

THEN IF THERE IS ANY SPECIFIC NEED FOR THE DEVELOPER SPECIFICALLY TO RESPOND TO ANYTHING, THEN THEY ARE HERE AS WELL. SO FIRST, I HAVE TO SAY THAT THIS HAS BEEN A MASSIVE LIFT OF EFFORT THAT HAS TAKEN A NUMBER OF PEOPLE TO ACHIEVE.

THE CITY COUNCIL SHOULD BE VERY PROUD OF THE WORK THAT YOU ALL HAVE PUT IN TO HELP MAKING THIS POSSIBLE FOR US TO ACTUALLY HAVE AN AGREEMENT THAT IS COMING BEFORE YOU THAT HAS BEEN COMMENTEDDED ON AND ADDRESSED. AND THEY'VE BE GIVEN FEEDBACK, MS. DOTTIE HAS LOST A LOT OF HAIR IN THE LAST TWO WEEKS AS WE'VE BEEN GOING BACK AND FORTH TRYING GET THIS RESOLVED, IN A TIMELY FASHION. BUT MAYOR AND COUNCIL CERTAINLY, THIS IS WHAT I CONSIDER A SUCCESSFUL NEGOTIATION AND BIG PART THAT IS DUE TO THE WORK THAT Y'ALL DONE.

SO WITH THAT, I WILL SLIDE INTO THE TERMS, AND THERE'S NOT REALLY A SLIDE SHOW FOR YOU ALL TO SEE, JUST SIMPLY BECAUSE THE TERMS ARE BEING NEGOTIATED AND WE DIDN'T KNOW IF COUNCIL WOULD WANT TO GO INTO EXECUTIVE SESSION OR NOT. BUT WE HAD A COUPLE OF ISSUES TO DEAL WITH. AND THE FIRST ONE REALLY -- FOR EVERYONE TO ARE UNDERSTAND IS THAT THERE WAS AN ORIGINAL DEVELOPMENT AGREEMENT FOR THE CO-OP THAT WAS CREATED, AND THEN THERE WERE A CONSENT NUMBER OF AMENDMENTS TO THAT -- SUBS CONSEQUENT NUMBER OF AMENDMENTS TO THAT AND THERE WERE SOME DISAGREEMENTS AS TO WHETHER OR NOT THOSE AGREEMENTS WERE IN EFFECT. AND THAT LED TO LEGAL DISAGREEMENTS AND EVERYTHING ELSE. BUT THIS CONTRACT EFFECTIVELY RESETS ALL OF THOSE TO WHERE IT'S THIS AGREEMENT, EFFECTIVELY REPRESENTING THE ORIGINAL AGREEMENT AND MODIFYING IT, SO THAT WAY WE CAN GET TO TERMS AND GET THESE GUYS ON DOWN THE ROAD TO DO SOME REALLY NEAT STUFF.

Y'ALL WANT TO HEAR THE NEAT STUFF FIRST? OKAY, NEAT STUFF, WE'LL GET TO, BUT THE FIRST THING IS, IS THAT THERE'S BASICALLY THE NEED FOR ADDITIONAL PARKING IN ORDER FOR THE WORK BE DOWNTOWN -- I'M SORRY, NOT DOWNTOWN, IN THE CO-OP TO GET DONE PROPERLY, AND THAT MEANS A PARKING GARAGE. AND PARKING GARAGES ARE NOT CHEAP, AS YOU MIGHT IMAGINE.

I DON'T KNOW THE NUMBER THAT THEY'RE LOOKING AT BUT THE LAST TIME THAT I WAS LOOKING AT IT RANGED ANYWHERE FROM $30,000 TO $80,000 A SPOT, A FLIES PARK. SO YOU PUT 400 SPACES INTO A PARKING GARAGE AND THAT NUMBER GETS REALLY BIG REALLY FAST. SO A PORKING GARAGE IS NECESSARY FOR -- TO PARK THE VARIOUS DIFFERENT VENUES. WE HAVE OFFICIALLY ANNOUNCED THE -- THAT JACK ALLENS IS ONE OF THE RESTAURANTS THAT HAS SIGNED A LEASE AND THE DEVELOPERS PROVIDED A COPY OF THE LEASE, OR AT LEAST THE PORTIONS THAT THEY COULD SHARE TO THE COUNCIL TO SHOW THAT JACK ALLENS IS ACTUALLY SERIOUS AND HAS LINKED THE LEASE AND THAT HAS TO BE FAVORED IN I THINK 6 MONTHS IN ORDER FOR THEM TO ABIDE BY THAT.

HOWEVER, JACK ALLENS NEEDS A PARKING SPACE. AND THEN THERE'S AN OFFICE SPACE THAT'S -- Y'ALL KNOW I SEPARATE DOWNTOWN FROM CO-OP, I GUESS IT'S BECAUSE I'M TALKING OFF THE TOP OF MY HEAD, THAT WOULD LOCATE IN THE CO-OP, NOT DOWNTOWN, THAT OFFICE SPACE IS LIKELY TO BE A BUSINESS THAT SERVES SAMSUNG. SO -- BUT IT IS A NUMBER OF

[01:00:07]

PROFESSIONAL POSITIONS. SO IT LOOKS TO BE SOMEWHERE LIKE A THREE OR FOUR-STORY OFFICE BUILDING. SO THAT'S PRETTY SUBSTANTIAL. WELL, THOSE FOLKS HAVE TO PARK.

Y'ALL SEE WHERE I'M GOING WITH THIS, RIGHT? OKAY.

SO THOSE FOLKS HAVE TO PARK. AND THEN WHAT WE CALL INTERNALLY THE OLD FLICK SIDE, WHICH IS THE LOCATION RIGHT OVER HERE, THAT IS NOW BEING ENVISIONED AND DESIGNED TO BE WHAT WE CALL IN THE PROFESSION AN URBAN WRAP PRODUCT, WHICH IS A MULTIFAMILY PRODUCT WITH WE TAIL USES AND OTHER USES THAT CAN BE ON THE BOTTOM FLOOR, PARTICULARLY ON THE SIDE THAT FACES THE LAKES.

AND IT IS BUILT ALL THE WAY EFFECTIVELY TO THE BOUNDARIES OF THE LOT, AND THEN THERE'S ANOTHER PARKING GARAGE INSIDE OF THAT. SO THE PLACES WHERE PEOPLE LIVE AND WORK AND THEN, YOU KNOW, MAYBE DINE, THOSE WRAP AROUND THE PARK GARAGE.

SO ARCHITECTURALLY ALL YOU SEE ARE BUILDINGS. BUT IT'S CALLED AN URBAN RACK PRODUCT BECAUSE -- URBAN WRAP PRODUCT BECAUSE IT WRAPS AROUND THE PARKING GARAGE.

SO THAT'S ANOTHER PROJECT THAT'S GOING OVER THERE. SO ALL OF THESE ITEMS TIE BACK TO EFFECTIVELY A PARKING GARAGE LEADING TO GO UP, SO THE OTHER ITEMS CAN GET BUILT.

SO THAT IS THE THEM THAT IS SPECIFICALLY LISTED IN THE DEVELOPMENT AGREEMENT AS THE DEVELOPERS NEEDING AND HAVING TO PERFORM. I ALREADY TOLD YOU THAT THE JACK ALLENS TIME FRAME IS RELATIVELY NARROW IN THE GRAND SCHEME OF CONSTRUCTION THINGS.

BUT THAT MEANS THEY ALSO HAVE TO HAVE THE PARKING GARAGE IN ORDER TO BE ABLE TO SERVE THE RESTAURANT. SO THAT'S WHAT I WOULD CONSIDER SOME OF THE EXCITING STUFF.

ANOTHER THING THAT'S EXCITING IS IN THIS AGREEMENT, THEY ARE TRANSFERRING OWNERSHIP OF THE GEN SIDE BACK TO THE CITY. SO THE INDUSTRY HAVE THE GEN BUILDING.

I KNOW THERE'S A NUMBER OF PEOPLE, WELL, DOES IT NEED RESTROOMS, THIS SIDE OR THE OTHER, WELL, BASICALLY TODAY IT IS A COVERED PAVILION AND THAT'S OKAY.

IT CAN CONTINUE TO FUNCTION AS A COVER PAVILION FOR THE SHORT TERM BUT THE MAIN THING IS THE CITY WILL HAVE CONTROL OF IT. ANOTHER THING THAT I THINK EXCITE SOMETHING THAT THE DEVELOP VERIFIES COMMITTED TO OPENING THE SPLASH PAD AND THE TOWN GREEN AND THE STAGE, MEMORIAL DAY WEEKEND, TO THE PUBLIC. SO -- AND IT'LL BE AVAILABLE EFFECTIVELY FROM THEN GOING FORWARD, AND THAT IS WHY WE'RE CONSIDERING RELOCATING THE BLOCK PARTY FROM FRITZ PARK DOWN HERE BECAUSE TOP-NOTCH ALSO IS INTERESTED IN DOING A RIBBON CUTTING THAT SAME WEEKEND, AND SO THEREFORE WE'RE LOOKING AT COMBINING ALL OF THOSE ACTIVITIES INTO A SINGLE KIND OF KICK-OFF A BIG PARTY DOWNTOWN ON THE TOWN GREEN FOR THE PUBLIC AND CELEBRATE THE CO-OP, YOU KNOW, REALLY GETTING OFTEN GROUND AND MOVING FORWARD.

THERE ARE A NUMBER OF THINGS THAT ARE PROBABLY BORING THAT THE PUBLIC DOESN'T CARE TOO MUCH ABOUT BUT THEY'RE EXCITING TO ME. THEY'VE AGREED TO -- WHAT WOULD BE THE RIGHT WAY TO SAY THIS, CONFIRMING AND SUPPORTING THE FACT THAT THEY WILL CONTINUE WITH THE QUALITY DESIGN AND VISION AND ARCHITECTURE THROUGH THESE NEW BUILDINGS AS THEY HAVE STARTED WITH IN THE ORIGINALS. SO THAT'S AN IMPORTANT THING. GOING TO THE POINT OF GIVING THE CITY A REPRESENTATIVE SEAT ON THE ARCHITECTURAL CONTROL COMMITTEE FOR THE PROPERTY OWNER'S ASSOCIATION. SO THAT'S A BIG DEAL. THEY'VE ALSO AGREED TO LIMIT SOME OF THE USES THAT WE MIGHT CONSIDER NOT NECESSARILY DESIRABLE FOR THIS PARTICULAR AREA. AND SOME OF THOSE THINGS WOULD BE LOWER TIER RETAIL ENDEAVORS LIKE A MATTRESS STORE OR, YOU KNOW, LIKE A BIG BANK OR SOMETHING LIKE THAT.

THAT'S NOT REALLY WHAT THE CO-OP IS ABOUT. THE CO-OP'S ABOUT SPACE.

IT'S ABOUT PLACE. IT'S ABOUT COMMUNITY, BRINGING FOLKS TOGETHER.

SO THEY'VE AGREED TO VOLUNTARILY RESTRICT THOSE USES WHICH IS A BIG THING.

I TOLD YOU ABOUT THE SPLASH PAD AND ALL THAT. WE COME TO TERMS ON SOME OF THE OUTSTANDING CREDIT ISSUES THAT WE'RE GOING BACK AND FORTH ON FEES.

THOSE WERE SOME OF THE TERMS THAT WERE IN THOSE LATER AGREEMENTS THAT I MENTIONED THAT THERE WAS SOME DISAGREEMENT BETWEEN THE PARTIES. SO WE'VE COME TO TERMS ON THAT AND LOWERED THE FEE CREDIT CAP AS -- TO THE NUMBER THAT THEY'VE CURRENTLY RECEIVED.

BUT, EVEN THOUGH -- AND THIS IS IMPORTANT TO ONE PARTICULAR ENTITY, I WANT TO SAY THIS, EVEN

[01:05:02]

THOUGH THEY'RE NOT A FEET THIS AGREEMENT, THERE WAS A COMMITMENT FROM THE DEVELOPER TO PASS TO THE HUTTO BIBLE CHURCH $100,000 OF FEE CREDITS THAT THE DEVELOPER WAS, YOU KNOW, BELIEVED THEY HAD THE RIGHT TO. THEY PASSED THOSE TO THE BIBLE CHURCH, AND THE CITY COUNCIL AND STAFF FELT FAIRLY STRONG THAT WE NEEDED TO HONOR THAT $100,000 CREDIT.

SO EVEN THOUGH THE BIBLE CHURCH ISN'T A MEMBER OR PARTY TO THIS AGREEMENT, IT SPELLS OUT IN THIS AGREEMENT THAT THE HUTTO BIBLE CHURCH IS ABLE TO KEEP THAT CREDIT THAT WAS TRANSFERRED TO THEM IN GOOD FAITH. BORING STUFF, BORING STUFF. CITY HALL PROPERTY MAINTENANCE.

SO THE POA WILL TAKE OVER -- WELL, THEY'VE BEEN MAINTAINING, NOW THEY'LL OFFICIALLY BE MAINTAINING THE CITY HALL GROUNDS. AND THEN THE DEVELOPERS WILL BE CONVEYING OVER THE PUBLIC INFRASTRUCTURE, THAT'S ALSO NOT REALLY TOO TERRIBLY SEXY AND EXCITING FOR THE PUBLIC, BUT IF YOU HAPPEN TO OWN PROPERTY, AND ARE YOU EXPECTING THE PUBLIC ACCESS POINT TO BE PUBLIC, AND THEN SUDDENLY IT'S NOT PUBLIC, THEN YOU HAVE AN ILLEGAL LOT, AND YOU HAVE ACCESS ISSUES AND SO ON AND SO FORTH. SO THAT'S ACTUALLY A REALLY BIG DEAL. BUT IN DOING THAT, THEY'VE ALSO AGREED TO PROTECT AND MAKE SURE THAT THE TOWN GREEN, THE LAKES, THOSE THINGS CAN'T BE TRANSFERRED OR SOLD TO ANOTHER PARTY, WHO MIGHT TRY TO REAPPROPRIATE OR REPROGRAM THOSE FOR OTHER THINGS.

SO WE'VE PROTECTED THAT. AND I HAVE TO SAY, YOU KNOW, THAT THE DEVELOPER'S REPRESENTATIVES AND THEIR LEGAL TEAM WERE ACTUALLY VERY GOOD TO WORK WITH.

AND CONTINUED TO COME TO THE TABLE WITH IDEAS ON HOW TO TACKLE CERTAIN PROBLEMS THAT WE WERE ENCOUNTERING. THEY CERTAINLY -- WE'VE WEEKLY MEETINGS UP HERE FOR THE LAST AT LEAST MONTH THAT I KNOW OF. AND THEN STLOAZ BEEN MULTIPLE HOUR MEETINGS WHERE THEY'VE COME IN FROM DALLAS OR OTHER AREAS, TO COME IN FOR THOSE MEETINGS TO BE HERE IN PERSON.

SO THEY'VE CERTAINLY SHOWN HOW IMPORTANT IT IS. OH, THE URBAN STYLE APARTMENT COMPLEX, WHENEVER THAT URBAN WRAP PRODUCT DOES GET BUILT, THEN PART OF THE FEES FOR THAT BUILDING WOULD GO TOWARD -- LIKE UPGRADING THE SURFACE FOR EXCHANGE, Y'ALL SEE HOW BAD EXCHANGE IS RIGHT NOW FROM THE WORK THAT'S BEING DONE FROM LIVE OAK.

SO THAT'S IN HERE TOO. THAT'S MOST OF THE AGREEMENT, I MEAN, I CERTAINLY CAN GET INTO THE THINGS THAT THE DEVELOPERS HAVE COMMITTED TO DOING IN ONE OF THE EXHIBITS.

BUT THE OTHER THING THAT THEY'VE DONE IS THEY HAVE PROTECTED THE RIGHT FOR SIP AND STROLL.

Y'ALL KNOW WHAT ZIP ZIP AND STROLL IS IN SERIOUS IT'S WHERE YOU CAN BUY AN ALCOHOLIC BEVERAGE FROM A RESTAURANT AND WALK OUTSIDE WITH IT AND NOT BE VIOLATING THE LAW FOR OPEN CONTAINER OR HAVING AN ALCOHOLIC BEVERAGE THAT'S OPEN IN PUBLIC. SO THEY HAVE PROTECTED THAT RIGHT, WHICH IS CURRENTLY ALLOWED IN THE CITY. THAT'S HOW WE HAVE THE SANTA CLAUS CRAWL AND THOSE TYPES OF THINGS. BUT SHOULD THE FUTURE CHANGE, THEN THEY HAVE SOMEWHAT PROTECTED THAT. SO THE PENALTY, LET'S TALK A LITTLE BIT ABOUT THAT. SO WHAT HAPPENS IF THEY DON'T DO ANY OF THIS STUFF? WELL, THE PARKING GARAGE IS EFFECTIVELY THE DEFINING THING. IF THE PARKING GARAGE DOESN'T GET BUILT, THEN THERE'S NO JACK ALLENS. THERE'S NO OFFICE SPACE.

AND THE DEVELOPERS DID AGREE TO LET US TIE THE -- THOSE -- THE GARAGE AND THE RESTAURANT NEEDING TO BE IN CONSTRUCTION BEFORE THEY COULD COMPLETE ANY MULTIFAMILY STUFF.

SO THE URBAN WRAP PRODUCT STUFF IS ALL EFFECTIVELY TODAY TO TO THE PERFORMANCE OF THE PARKING GARAGE. SO IN NEGOTIATIONS WITH THE DEVELOPER, THEY AGREED THAT THEY WOULD BEGIN THE PROCESS OF CONSTRUCTING THE PARKING GARAGE AND DELIVER THE PARKING GARAGE.

I'VE SKIPPED PAST THE DATES. I'LL DO IT OFF THE TOP OF MY HEAD, 270 DAYS, PLUS OR MINUS SOME OPPORTUNITIES IN CASE THERE'S A SCHEDULE SLIP, AND THEN IF THE CITY TAKES TOO LONG DOING REVIEWS, THEN THEY GET TO ADD DAYS AT THE END, BASED ON HOW LONG WE TAKE PAST A CERTAIN AMOUNT OF TIME. SO -- BUT GENERALLY SPEAKING, 9 MONTHS, THE PARK GARAGE SHOULD BE GOING VERTICAL. AND IF IT'S NOT, AND THIS IS IMPORTANT -- IF IT'S NOT, THEY HAVE COMMITTED THAT THEY WILL DONATE OVER ALL THE REMAINING PROPERTY IN THE CO-OP TO THE CITY. THAT'S HOW CONFIDENT THEY ARE THAT THEY WILL BE ABLE TO DELIVER ON THE PARKING GARAGE AND EVERYTHING ELSE THAT'S ASSOCIATED WITH IT.

AND THAT IS A BIG PENT. SOMEONE'S MOUTHING AT ME OVER THERE.

[01:10:12]

>> SO WE IDENTIFY HOW MANY LUE'S THEY CAN HAVE, HOW MUCH WASTEWATER CAPACITY THAT WAY YOU KIND OF HAVE AN IDEA OF DENSITY. THE AMOUNT -- THAT'S LIKE HOW MANY APARTMENTS, OFFICE SPACES, THOSE TYPES OF THINGS THAT THEY CAN DO. THE AMOUNT THAT THEY ORIGINALLY HAVE BUILT OFF SITE CAPACITY FOR WOULD ENABLE THEM UP TO 635 LUE'S SPLIT BETWEEN APARTMENT UNITS, OFFICE SPACES AND OTHER THINGS. BUT SHOULD THEY INCREASE THE NUMBERS ABOVE THAT BECAUSE THE DENSE IRKT MAYBE THEY GET A CONVENTION SPHWHER A HOTEL OR SOMETHING, SHOULD THEY COULD THAT, THEN THE LIKELIHOOD OF THEM HAVING TO SPEND MORE MONEY FOR OFF-SITE IMPROVEMENTS FOR THOSE UTILITIES IS VERY HIGH. SO THEY WOULD BE RESPONSIBLE FOR ANY OF THOSE OFF-SITE IMPROVEMENTS, IT WOULDN'T BE ON THE BURDEN OF THE TAXPAYERS.

I MEAN, THERE MAY BE SOMETHING NELS HERE THAT THE COUNCIL MEMBERS ARE JUST WAITING FOR ME TO SAY OUTLOUD BUT I DON'T KNOW WHAT IT MIGHT BE. SO MAYBE I'LL JUST PAUSE THERE AND SEE IF THERE'S ANYTHING SPECIFIC THAT WAS A TERM OF THE AGREEMENT THAT Y'ALL WANTED TO HIGHLIGHT OR DIVE INTO A LITTLE BIT MORE FOR THE SAKE OF THE PUBLIC.

>> I THINK YOU HIT MOST OF WHAT I WAS THINKING. AND I WANT TO THANK JAMES AND DOTTIE AND WYATT, ALTHOUGH, I DIDN'T TALK TO WYATT, AND THE MAYOR PRO TEM MONDAY AFTERNOON.

I STARTED MESSAGING JAMES PROBABLY ABOUT 4:00 AND BLEW HIM UP UNTIL ABOUT 7:00 OVER THE DEAL AND BY TUESDAY MORNING WE WERE TEXT BACK AND FORTH, COMMUNICATING 807.

AND THEN I REACHED OUT TO THE MAYOR PRO TEM, THERE WERE SOME THINGS THAT I JUST WASN'T COMFORTABLE WITH. AND THEN WE GOT ON THE PHONE WITH MATT HARRIS, WHO HAPPENED TO BE VACATIONING IN AMSTERDAM LOOKING AT TULIPS. SO KIND OF RAN THROUGH THINGS AND A LOT OF THIS -- AND THIS IS WHERE I THANK DOTTIE BECAUSE A BIG BULK OF THIS AGREEMENT IN MY MIND CHANGED THE PROCESS ON TUESDAY BECAUSE UP UNTIL THAT POINT, A LOT OF THIS WASN'T EXACTLY KIND OF THOUSAND IS SET UP TODAY. AND SO I APPRECIATE YOU GUYS, WYATT WORKING. I THINK THIS DEAL -- I THOUGH GOES THROUGH.

I HOPE EVERYTHING WORKS OUT, BASE REALLY DON'T WANT TO HAVE TO TAKE LAYING BACK, BUT I THINK FROM A BUSINESS STANDPOINT, THIS GETS US OUT OF YOUR WAY IN TERMS OF MEASURING HOW MANY SQUARE FEET YOU BUILD, HOW MANY SQUARE FEET YOU'RE GONNA BUILD AND GETS 52 WHAT THE PEOPLE JUST REALLY WANT AND AS I TOLD MATT IN THE VERY BEGINNING, YOU JUST NEED A GUN TO YOU GUYS' THEY HAD MAKE YOU BUILD AND GET OUT OF YOUR WAY AND I THINK THIS AGREEMENT DOES THAT.

IT'S GOT A HUGE PENALTY BUT AS LONG AS YOU BUILT THE ONE THING IN THE GARAGE WHICH KIND OF TRIGGERS EVERYTHING ELSE, THEN IN MY MIND EVERYTHING GOES AWAY AND EVERYTHING HAPPENS LIKE THE PUBLIC WANTS. SO APPRECIATE YOU GUYS THE PUTTING THE FAITH IN US TO REWORK IT AND ALSO KNEE, AS OTHER PEOPLE KNOW, IF STAFF'S NOT GETTING BACK TO YOU IN A TIMELY MANNER, THEN REACH OUT TO SOME OF US, AND WE'LL DO WHATEVER WE CAN TO HELP OUT AND

MAKE SURE THAT WE'RE NOT THE ONES THAT'S CAUSING THE PROBLEM. >> JUST WANTED TO SAY THIS ONE'S BEEN ON MY "TO DO" THING WHEN I RAN A YEAR AGO, AND REACHING OUT TO THE CITY MANAGER.

WE HAD CONVERSATIONS. WE'VE GONE THROUGH THE AGREEMENT MULTIPLE TIMES AS IT CAME THROUGH. THE MAYOR AND THE MAYOR PRO TEM'S LAST, YOU KNOW, HAIL MARY HERE AT NOOJTS TRY TO GET US OVER THE FINAL COUPLE OF DEAL POINTS WE WERE STRUGGLING WITH LAST WEEK, I REALLY APPRECIATE THEM WORKING TOGETHER. THAT'S WHAT WE DO AS COUNCIL RIGHT, WE COME TOGETHER AND SOLVE PROBLEMS FOR THE BENEFIT OF THE CITY.

IT'S BEEN A LONG TIME WORKING BEHIND THE SCENES WHERE EVERY COUNCILPERSON HAS BEEN READING THIS AGREEMENT. WE'VE BEEN TALKING ABOUT IT. WE'VE HAD MEETINGS, SO I JUST WANT TO SAY EVERYBODY ALL HANDS ON DECK TO GET THIS DONE IN A TIME FLAME MAKES SENSE AND THEN HOPEFULLY WE CAN THEN CELEBRATE THIS MILESTONE MEMORIAL DAY WEEKEND.

SO, WITH THAT, I WOULD LIKE THAT MAKE A MOTION THAT WE -- >> YOU CAN MAKE A MOTION.

>> I'D LIKE THAT MAKE A MOTION THAT WE APPROVE THE DEVELOPMENT AGREEMENT AS PRESENTED IN OUR

PACKET. >> SECOND. >> SIGNED AGREEMENT.

>> I JUST WANTED TO ECHO WHAT EVERYONE ELSE HAS SAID. IT'S BEEN A LONG ROAD IN THIS PROJECT. I KNEE THERE HAS BEEN A LOT OF GIVE AND TAKE IN, YOU KNOW, PUTTING THIS NEW DEVELOPMENT AGREEMENT TOGETHER. I APPRECIATE THE TIME, I REMEMBER YOU SAYING CITY MANAGER, YOU WERE GONNA DO IT OVER YOUR CHRISTMAS BREAK, START

[01:15:03]

REWRITING THE WHOLE BA. SO I'D RATHER SEE US ANSWER THE CALL OF THE CITIZENS WHO WANT TO SEE IT BUILT OUT AND SEE IT GET DONE AS OPPOSED TO GOING INTO MORE LITIGATION OVER THE PROPERTY. SO I ACTUALLY HAD THE PRIVILEGE OF WATCHING A SUNSET AT TOP-NOTCH THE OTHER NIGHT AND I ALREADY HAD MY MEETING WITH CITY MANAGER, AND I SAW THE FOUNTAINS AND THE SUNSET AND THE GREEN, AND I JUST SAW ALL OF THESE KIDS PLAYING ON THE GREEN, AND I STARTED SEEING THE VISION COME TO LIFE AS TO WHAT THIS CAN BE. AND ALBEIT, WE HAVE BEEN BEEN THE BEST OF FRIENDS. I DO APPRECIATE THE FACT THAT Y'ALL HAVE COME TO THE TABLE AND MET US WHERE WE'RE AT. YOU KNOW, I THINK WE WERE ALL TAKEN ADVANTAGE OF A LITTLE BIT IN THIS WHOLE DEAL. SO I DO APPRECIATE THAT YOU ARE COMING TOGETHER.

AND I'M JUST SUPER EXCITED AND MY LAST QUESTION IS, MCCONAUGHEY GONNA BE HERE TO

CUT THE RIBBON? >> DON'T KNOW. BUT THAT WOULD BE ALL RIGHT, ALL

RIGHT, ALL RIGHT. >> ANY DISCUSSION ON THE MOTION? >> I JUST WANTED TO ALSO THANK EVERYONE. I KNOW THAT CITY MANAGER ESPECIALLY PUT A LOT OF TIME IN ON HIS OWN PERSONAL TIME TO GET THIS DONE AND TO GET THIS ON TIME.

AND REALLY APPRECIATE -- I HAD SOME CONVERSATIONS WITH THE DEVELOPERS, WITH WYATT, WITH BOB, WITH MATT, AND I REALLY APPRECIATED THEM AND THEIR WILLINGNESS TO SHOOT FOR THIS DATE AS THE TARGET DATE, AND WE HIT IT, AND SO I'M GRATEFUL THAT WE'RE HERE RIGHT NOW FOR SURE.

>> I GUESS WHILE WE'RE IN THE THANKING MODE, DOTTIE AND JAMES, THANK YOU FOR WORK SO HARD ON THIS. WHENEVER YOU FIRST, YOU KNOW, CAME IN AS CITY MANAGER, EVERYTHING WAS KIND MUCH DRINK FROM THE FIRE HOSE, YOU PUT THIS AT -- DON'T KNOW WHAT PRIORITY.

BUT YOU SAID BY CHRISTMAS THAT YOU WOULD WORK ON IT, IT WAS JUST ONE OF THOSE THINGS YOU HALLS TO CONSTANTLY WORK AT IT BECAUSE HAD YOU OTHER THINGS TO BE WORKING ON AS WELL, TOO, TO KIND OF GET THE CITY IN TIP TOP SHAPE OR WORKING TOWARDS THAT. SO THANK YOU FOR ALL THE HARD WORK AND DOTTIE KIND OF, YOU KNOW, WORKING WITH THE STAKEHOLDERS, THE DEVELOPERS, WHENEVER I FIRST CAME ON COUNCIL IT WAS JUST ALL ABOUT INTERPRETATION OF THESE DIFFERENT VERSIONS THAT HAD HAPPENED, SO THE ORIGINAL DEVELOPER AGREEMENT BUT THEN HAD BEEN CHANGED THREE TIMES, LIKE AMENDED SO THEN IT WAS JUST SO HARD TO INTERPRET, AND THEN OF COURSE YOU BRING SEVEN PERSONALITIES TO THE TABLE, AND I WAS NEW TO COUNCIL AND TRYING TO UNDERSTANDS THE PROCESS OF HOW WE WERE AT THAT POINT. BUT I THINK WHERE WE'RE AT WITH THIS NEW RESTATED AGREEMENT, DEVELOPMENT AGREEMENT, I THINK IS PERFECT.

IT GETS UNITED STATES BACK ON TRACK, AND IT GETS US TO UNDERSTANDING AND -- IT GETS US BACK ON TRACK AND GETS US UNDERSTANDING AND REALLY KNOWING WHAT IS EXPECTED, AND EVERYBODY'S WORKED TOGETHER WELL, AND SO WE'RE ON A GOOD PAGE AND THE SAME PAGE WITH THE FUTURE OF THE CO-OP. SO THANK YOU, AGAIN. AND I'M LOOKING FORWARD TO THE

FUTURE OF THE CO-OP. >> BEFORE YOU CALL THE VOTE. I HAD ONE OTHER THING.

>> SURE. >> IF IT PASSES, IF WE'RE GOING TO HAVE THE SUNSET BLOCK PARTY, THE ONE THING I NOTICED WHEN I DID GO TO TOP-NOTCH EARLIER THIS WEEK, WE NEED TRASHS CAN AROUND THE SPLASH PAD GREEN SPACE. THAT'S THE ONLY CRITIQUE I WOULD SAY.

>> YOU HAVE TO HAVE SOME TEMPORARY ONES OUT THERE, BUT THAT'S THE ONLY THING.

>> SO I'D LIKE TO BRING UP TABLING THIS UNTIL AFTER EXECUTIVE SESSION.

AND THE ONLY REASON IS HAS ANYBODY ACTUALLY READ THE AGREEMENT THAT'S EXECUTED?

>> YES. >> YES, I READ IT THIS AFTERNOON.

>> IT CAME IN AT 5:16, AND I WAS HERE ABOUT 5:45, AND SO THE DRIVE, I HAVE NOT BEEN ABLE TO READ THIS AGREEMENT, AND SO THE LAST ONE I READ WAS -- I'VE ALWAYS MADE IN A POINT TO

ACTUALLY READ, AND SO IF YOU GUYS DON'T WANT TO TABLE -- >> THE DOCUMENT THAT WE SENT OUT WITH THE RED LINE AND THE FINAL CLAIM, THAT'S THE ONE THEY SIGNED.

THERE WERE NO CHANGES IN BETWEEN. SO THE ONE --

>> THE ONE THAT'S SIGNED IS THAT ONE. >> THAT'S CORRECT.

>> AND THEY HAVE FILED THEIR HOUSE BILL 1295. ANGELA HAS HELPED THEM VERIFY

THAT. >> SO NO GUN NO, ISRAEL, NO -- >> THERE'S A SEPARATE VERIFICATION IN THERE THAT THEY'VE SIGNED. SO THE ONLY DIFFERENCE THEY

SIGNED IN COMPLIANCE WITH HOUSE BILL 1295. >> OKAY.

ALL RIGHT. >> I KNOW WE'VE DONE A LOT OF THANK YOUS AND IT MAY BE A LITTLE PREMATURE, BUT THANK YOU, IT'S BEEN A LONG PROCESS FOR EVERYBODY.

EVERYONE IS SO EXCITED TO SEE SOMETHING FINALLY HAPPEN WITH THAT, SO I KNOW IT'S A LITTLE

[01:20:03]

PREMATURE BUT THANK YOU GUYS FOR ALL OF YOUR PATIENCE AND MAKING SURE WE GOT IT DONE RIGHT, NOT THE QUICKEST OR EASIEST PROCESS BUT THANK YOU GUYS AS CITIZENS AND ALL OF THE STAFF AND HARD WORK THAT WENT INTO THAT. I'M SO GLAD YOU WAITED UNTIL MY LAST MEETING TO -- HUE RAW --

HUE RAW KUMBAYA SESSION. >> WHEN WAS THAT EMAIL SENT IN. >> AROUND 2:00.

>> WE CURRENTLY HAVE A MOTION THAT'S BEEN SECONDED ON THE FLOOR.

THE QUESTION IS TO GO INTO EXECUTIVE SESSION FOR ALL OF THE COUNCIL TO READ IT ONE MORE TIME

TO MAKE SURE THERE WERE NO MORE CHANGES BETWEEN THE VERSION -- >> I DON'T THINK WE CAN GO INTO

EXECUTIVE BUT MAYBE A 10 MINUTE RECESS. >> WELL, LET ME JUST DO THIS, WHEN WAS THE EMAIL EXTENT THAT HAD THE DEWPOINTS IN IT UNEXECUTED? BECAUSE EVERYBODY READ IT, SO EVERYBODY SHOULD HAVE IT BUT THE LAST THING I SHOW IS MY

CONVERSATIONS ON MONDAY. >> OKAY. I DO NOT SEE WHAT I'M LOOKING

FOR YOU, AND THE NEXT ONE THAT WENT OUT WAS THE EXECUTED ONE. >> THE ONE THAT YOU GUYS --

>> THE ONE IN THE PARKING LOT AT 5:16. >> 5:16.

>> IF YOU WANT TO TAKE A 10 MINUTE RECESS, I DON'T THINK THERE'S NEED GO TO EXECUTIVE FOR

IT UNLESS YOU THINK YOU HAVE A LEGAL QUESTION. >> OKAY.

NO OBJECTION TO TAKE A RECESS AT 8:23.

IT'S 8:35. I APPRECIATE EVERYBODY'S PATIENCE WHILE THE AGREEMENT WAS READ. A MOTION ON THE TABLE BY COUNCIL MEMBER CLARK, SECONDED BY

COUNCILMAN MCKENZIE, ANY OTHER DISCUSSION ON THE MOTION? >> AND JUST ONE COMMENT TO

AUTHORIZE THE MAYOR TO EXECUTE THE AGREEMENT. >> WE SO EXCITED.

ANY OTHER DISCUSSION? HEARING NONE, PLEASE CALL THE VOTE.

AS IS CUSTOMARY, BEFORE WE GO BACK THERE, I'D LIKE TO SEE IF THERE'S ANY OBJECTIONS TO PULLING ITEM 10-2 OUT OF THE EXECUTIVE SESSION. HE HEARING NO O.J.S, WE'LL PULL ITEM 10-2, AND I'D ALSO LIKE TO PULL ITEM 10-4 OUT OF EXECUTIVE SESSION?

>> WELL, NO, BECAUSE WE HAVE -- CAN WE EVEN DO THAT ONE. >> WE NEED --

>> YOU DON'T NEED LEGAL ADVICE FOR SOMETHING YOU JUST VOTED FOR, RIGHT?

>> NO, NOT THAT. I WAS TALKING ABOUT -- >> 10-4 THE DEVELOPMENT

AGREEMENT... >> I THOUGHT ON 10-2 I HAD SOME QUESTIONS TO THE ATTORNEY AND HE WAS PRESENT HERE TODAY. SO I DIDN'T MILD US PULLING IT BEFORE, BUT I WANTED TO HAVE A

DISCUSSION. >> SO OBJECT ON 10-2. >> CORRECT.

>> SO I'LL MAKE A MOTION TO PULL ITEM 10-2 OUT. >> I'LL SECOND.

>> SECOND BY COUNCIL MEMBER THORTEN. ANY DISCUSSION ON THE MOTION?

>> SINCE OUR ATTORNEY'S HERE, IF WE GET INTO AREAS WHERE WE NEED TO GO INTO EXECUTIVE, YOU'LL TELL US, PLEASE? I DON'T MIND HAVING A DISCUSSION OUT HERE BUT IF WE COULD GIVE

THEM SOME GUIDANCE. >> UNDER THE TEXAS RULES OF DISCIPLINARY PROCEDURE FOR LAWYERS, 1.12 ORGANIZATION AS A CLIENT, I WILL NOT RELEASE ANY ATTORNEY CLIENT INFORMATION WITHOUT A MAJORITY VOTE OF THIS COUNCIL AUTHORIZING IT. SO IF YOU HAVE CONVERSATIONS

[01:25:02]

HERE AND ASK A QUESTION THAT REQUESTS LEGAL ADVICE, I'LL TELL YOU THAT I CAN'T ANSWER THAT

QUESTION IN A PUBLIC SETTING. >> ALL RIGHT. >> ARE YOU COMFORTABLE WITH THE

CONVERSATION OUT HERE OR WOULD YOU PREFER -- >> HE JUST SAID HE WOULD STOP --

>> THAT'S NOT WHAT HE SAID. >> HE SAID HE CAN'T ANSWER. >> BECAUSE OF THE --

>> IF IT WAS LEGAL ADVICE. >> BUT PETER'S QUESTION WAS IF WE START GETTING INTO GRAY AREA AMONGST OURSELVES WOULD MR. HYDE STEP IN, AND WHAT I HEARD WAS THAT HE IS NOT GOING TO INTERJECT AMONGST OUR OWN CONVERSATION, ONLY IF WE HAVE A POINTED QUESTION TO HIM.

IS THAT CORRECT? >> YES. AND THAT IF THAT QUESTION THAT IS POINTED WOULD REQUIRE THE RELEASE OF ATTORNEY/CLIENT PRIVILEGE INFORMATION, THEN I WOULD JUST TELL YOU I CAN'T TELL YOU IN A PUBLIC SETTING. HOWEVER, BECAUSE WE HAVE POST MOTIONS -- POST JUDGMENT MOTIONS PENDING BEFORE THE COURT AND THOSE POST MOTIONS INCLUDE THE POSSIBILITY OF A NEW TRIAL, I WOULD RECOMMEND THAT THERE IS NOT PUBLIC DISCUSSION IN CONNECTION WITH THE CASE UNTIL THE CASE IS DISPOSED OF IN TRIAL COURT.

>> AND WE DID RECEIVE A DETAILED LEGAL MEMO OUTLINING ALL THOSE REASONS, CORRECT?

I THINK IT WAS TWO WEEKS AGO. >> THERE WAS SOME LANGUAGE WITH REGARDS TO THAT THAT WAS SENT TO

THE COUNCIL EARLIER, YES, MA'AM. >> SO YOU'RE RECOMMENDING THAT WE DON'T HAVE A DISCUSSION IN

PUBLIC UNTIL -- >> THAT'S CORRECT. >> OKAY.

>> THAT'S WHAT I THOUGHT. >> AND THEN IF WE WERE TO PULL IT AND START THE DISCUSSION, CAN IT GO BACK INTO SOUTH KOREA SESSION? -- EXECUTIVE SESSION?

>> IF THE COUNCIL PREFER TOES GO BACK TO EXECUTIVE SESSION -- EXECUTIVE AT ANYTIME COUNCIL

WOULD JUST TAKE A VOTE. >> I THINK -- PERSONALLY I THINK WE SHOULD JUST HAVE THELE CONVERSATION IN EXECUTIVE, AND WHEN WE COME OUT, WE CAN TALK ABOUT IT OUT HERE WHAT WE CAN

TALK ABOUT. >> THAT SOUNDS SMART. >> IT'S --

>> THE REASON I KEEP BRINGING THIS OUT IS SOME OF Y'ALL UP HERE HAVE SPENT ENOUGH TIME TALKING TO PEOPLE IN THE PUBLIC ABOUT EVERYTHING WE'RE TALKING ABOUT ANYWAY TO WHERE -- TO MAKE

SURE THE RECORD STRAIGHT, IT WOULD SEEM TO ME -- >> THAT'S SPECULATION.

>> -- IF THE DISCUSSION -- IF I COULD PLEASE TALK -- IS GOING TO BE HELD ABOUT MATTERS WE HAVE IN EXECUTIVE SESSION I'M OF THE OPINION THAT ALL THE PUBLIC GET TO HEAR THE DISCUSSION, NOT JUST SELECTED PEOPLE BECAUSE WE'VE HAD MEMBERS COME UP AND GIVE INFORMATION SO SPECIFIC ABOUT LIKE TML THAT THERE'S NO WAY THEY WOULD NO THAT UNLESS THEY WERE IN EXECUTIVE SESSION SO IF WE WILL MAKE THAT PACT, BUT IF WE GO BACK TO EXECUTIVE SESSION AND ONE OR TWO OR THREE MEMBERS ARE GOING TO GO OUT INTO THE PUBLIC AND GIVE THEIR VERSION OF THE EXECUTIVE SESSION, THEN I'M ALWAYS GOING TO VOTE ALL THE PUBLIC SHOULD GET THE INFORMATION, NOT JUST THE ONES

THAT CERTAIN PEOPLE LIKE. >> I AGREE WHOLE HEARTEDLY. I HAVEN'T TALKED TO ANY OUTSIDE PERSON WHATSOEVER. SO I JUST WOULD LIKE TO SAY THAT'S SPECULATION AND KIND OF

THE M.O. >> ALL RIGHT. SO THE MOTION IS TO PULL ITEM 10-2 OUT AND JUST FOR THE RECORD, IF I'M RIGHT, ANY ITEM ON ANY AGENDA WE TALK ABOUT AT SOME POINT, IF WE WANT LEGAL ADVICE, WE CAN ALWAYS THEN GO TO EXECUTIVE SESSION.

>> THAT IS CORRECT. >> OKAY. ALL RIGHT.

ANY DISCUSSION ON THE MOTION? HEARING NONE. PLEASE CALL THE VOTE.

>> KUENZIE. >> NAY. >> GORDON.

>> NAY. >> KOLLAR. >> NAY.

>> THORTEN. >> NAY. >> SUTTON.

>> NAY. >> MAYOR SNYDER. >> AYE.

>> MOTION FAILS. ALL RIGHT, THEN I'D LIKE TO PULL ITEM 10-4 UNLESS THERE'S ANYIES.

>> MOTION TO TABLE INDEFINITELY. ARE YOU PULLING IT BECAUSE WE JUST DON'T NEED GO BACK THERE --

>> JUST PULL IT AND BE DONE. >> MARKET NOSH ACTION. I WOULDN'T TABLE INDEFINITELY, YOU MIGHT HAVE TO HAVE ANOTHER EXECUTIVE SESSION DEPENDING ON --

>> IF I'M RIGHT, IN ORDER TO MARKET NO ACTION WE HAVE TO PULL, IT RIGHT, AND THEN HAVE NO

ACTION? >> LET'S DO THAT AFTER EXECUTIVE.

>> WHEN YOU GO INTO EXECUTIVE SESSION WHEN YOU COME TO THAT, JUST SAY WE'RE NOT TAKING NO

ACTION GOING INTO. >> SPENDING MORE TIME THAN IF WE JUST PULL ITEMS. AND THEN ITEM 10-5, NO OBJECTIONS I'D LIKE TO PULL THAT.

WE CAN ALWAYS ASK THE LEGAL QUESTION AND GIVE -- GET THE ANSWER IN THE BACK.

>> I HAVE A QUESTION ON 10-5. SO IS THAT AN OBJECTION. >> OBJECTION.

>> ALL RIGHT. I'LL MAKE A MOTION TO PULL ITEM 10-5.

[10. EXECUTIVE SESSION]

[01:30:06]

HEARING NONE, THAT WILL DIE. ALL RIGHT, WE'LL GO BACK TO EXECUTIVE SESSION AT 8:43.

RECEIVE LEGAL ADVICE WITH SECTION CODE RELATING TO 22 22-359-3668...

PRFS MCGINNIS LLP, WILLIAM H JUNIOR AND MICHAEL SHONECY DEFENDANTS IN THE COURT OF WILLIAMSSON COUNTY TEXAS. ITEM 102 PURR SIEWBT TO TEXAS CODE SECTION RELLING TO CASE NUMBER 1 TO 20-CB-12120. FILED IN U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION. ITEM 103, RECEIVE LEGAL ADVICE PURSUANT TO SECTION CODE...

AND DELIBERATE PURSUANT TO SECTION CODE SECTION... REGARDING ECONOMIC DEVELOPMENT AND NEGOTIATIONS RELATED TO PENDING ECONOMIC DEVELOPMENT PROJECTS INCLUDING SKYBOX, PROJECT D AND OTHER ECONOMIC DEVELOPMENT PROJECTS. ITEM 10-4 PURR STUDENT CODE SECTION... RELATED TO CO-OP DEVELOPMENT AGREEMENTS AND RELATED AGREEMENTS AND FINALLY ITEM 10-5 RECEIVE LEGAL ADVICE PURSUANT TO TEXAS CODE SECTION...

RELATING TO PENDING LEGAL HE REQUESTS, POTENTIAL CLAIMS, AND CITY COU

>>> ITEM 11-1, CONSIDERATION POSSIBLE ACTION ON EXECUTIVE SESSION AGENDA ITEMS.

WAS THERE ANY ACTION TO BE -- THAT WE HAD? >> I DON'T BELIEVE SO.

>> IF YOU REMEMBER SOMETHING, COME BACK. ITEM 12-1.

[12.2. Consideration and possible action on Resolution No. R-2023-092 to amend the Development Agreement between the City of Hutto and 2120Hutto, LLC for the development of the TCR Allora Tract (Ashley Bailey) ]

>> WE ALREADY DID THAT. >> ITEM 12-2, CONSIDERATION POSSIBLE ACTION ON RESOLUTION NUMBER R-2023-092 TO AMEND THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUTTO FOR THE

DEVELOPMENT OF THE TCR ALORA TRACT. >> GOOD AFTERNOON, MAYOR AND COUNCIL MEMBERS. FOR THE RECORD ASHLEY BAILEY, DEVELOPMENT SERVICES DIRECTOR.

THE DEVELOPMENT AGREEMENT BEFORE YOU TONIGHT IS -- IT'S OFF OF COUNTY ROAD 132 NORTH OF LIMMER, ALMOST 17 ACRES. THE SURROUNDING AREA HERE IS A COUNTY DEVELOPMENT FOR SINGLE

FAMILY. >> THE APPLICANT IS HERE IF YOU HAD QUESTIONS.

THEY DID PROVIDE A FEW SLIDES. I REALLY JUST WANT TO GO OVER A FEW MINOR THINGS.

THIS IS REALLY JUST TO LOOK AT -- I'LL GET TO THAT -- IT'S REALLY JUST TO ALLOW FOR THEM TO GET BACK SOME OF THE DENSITY THAT THEY WOULD HAVE OTHERWISE HAD BECAUSE THEY ARE GIVING UP A SIGNIFICANT PORTION OF RIGHT OF WAY FOR THAT STREET FOR 132. SO THIS IS JUST ONE WAY TO AMEND A DEVELOPMENT AGREEMENT TO MAKE SURE THAT THEY GET WHAT THEY WOULD HAVE OTHERWISE HAD, WHICH THE CODE ALLOWS FOR, THIS IS JUST ONE WAY TO PROVIDE THAT TO THEM.

BLESS YOU. >> SINCE THEY HAD A SOLVENT AGREEMENT.

SO WITH THAT, STAFF DOES RECOMMEND APPROVAL, AND I CAN ANSWER ANY QUESTIONS.

>> QUESTIONS FROM COUNCIL? >> I DIDN'T HAVE ANY ISSUES WITH THIS ONE.

INCREASE THE DENSITY, BUT WE'RE GETTING THE LAND, WHICH IS WHAT WE WANTED FOR THE RIGHT OF WAY DEDICATION, AS LONG AS IN THE AGREEMENT THEY KNOW THEY'RE GIVING THAT UP.

>> WE ALSO NEGOTIATED OUT THE ELEVATIONS, THE ELEVATIONS LOOK REALLY GOOD FROM WHAT WE WOULD

GET OTHERWISE PER THE CODE. >> ALL RIGHT. >> MAYOR, I MOVE TO APPROVE

RESOLUTION AS PRESENTED... >> AND YOU CAN ADD AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT?

>> AND AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. >> SECOND.

>> WE SHOULD PROBABLY START PUTTING THAT IN THE -- >> THE RESOLUTIONS HAVE CITY

MANAGER, THAT'S WHY. >> OH, OKAY. >> BUT THERE WAS A DISCONNECT.

SO WE'LL MAKE SURE THAT DOESN'T HAPPEN AGAIN. >> OH, OKAY.

>> MOTION BY MAYOR PRO TEM GORDON BY HOUSE MEMBER CLARK, ANY OTHER DISCUSSION? I JUST SAID -- FROM WHAT I'VE SEEN, THE DEVELOPMENTS ARE ON THE HIGHER END OF THINGS.

SO THIS SHOULD BE A LITTLE BIT DIFFERENT. >> I WAS JUST HAPPY TO SEE THAT

THE HIPPO INSTALLATION WAS ACTUALLY PART THE AGREEMENT. >> PART OF A COMPREHENSIVE PLAN.

[01:35:06]

WE HAVE A HIPPO PER CAPITA REQUIREMENT IN THERE. SO THEY ARE GOING TO IMPLY THAT

ASPECT, AS WELL. >> ALL RIGHT. HEARING NO OTHER DISCUSSION, PLEASE CALL THE VOTE.

[12.3. Consideration and possible action on Resolution No. R-2023-101 to amend the Development Agreement between the City of Hutto and Starlight Homes Texas, LLC for the development of the Gola Tract (Ashley Bailey) ]

AYE R-2023-101 TO DEMAND THE DEVELOPMENT AGREEMENT IN STARLIGHT HOMES TEXAS LLC FOR

THE DEVELOPMENT OF THE TRACT. >> COUNCIL MEMBERS AND MAYOR YOU MAY REMEMBER THIS ONE CAME TO YOU BACK REALLY DURING THE TIME OF COVID FOR THIS ONE IT IS AN AMENDMENT, BUT WE STILL SEEKING TO POSTPONE WITH THE APPLICANTS' REQUEST. WE WILL LIKELY SEE THIS BACK ON

MAY 18TH. >> ANY OF YOU HAVE QUESTIONS FOR THIS? I WAS TRYING TO FIND MY NOTE. I HAVE 31 -- I'M SORRY. NUMBER 2, THERE'S TALK ABOUT A LIFT STATION. AND IF I THRED RIGHT, THE CITY IS GOING TO BE REQUIRED TO PUT THIS LIFT STATION IN. BUT I LOOKED THROUGH THE -- I DON'T REMEMBER SEEING THAT ON

THE CIP. >> IT'S THE LOVE STATION'S THAT I BELIEVE ARE ASSOCIATED WITH

THE WASTEWATER TREATMENT PLANT FOR THE HEADWORKS. >> IT'S A LIFT STATION THAT WAS CONTEMPLATED WITH THE WASTEWATER TREATMENT PLANT FOR THE HEADWORKS.

BECAUSE IT WAS GOING TO PUMP EVERYTHING BACK UP. >> WELL, WHATEVER IT IS, IF WE AGREE TO THIS, WHAT'S THE TIMING THAT WE HAVE TO HAVE IT INSTALLED AND WILL IT BE INSTALLED IN TIME AND -- WEIGH DON'T WANT IS A -- WE GROW TO DO SOMETHING, WE HAVE A CERTAIN AMOUNT OF TIME TO DO IT AND THEN LIKE TWO YEARS FIND THIS DOING IT.

BLESS YOU. >> I MEAN, I GUESS I COULD -- >> I JUST WANT TO MAKE SURE

WE'RE NOT AGREEING TO SOMETHING WE CAN'T DO. >> SO THE LIFT STATION IS REFERENCED IN THIS PARTICULAR AGREEMENT AS THE SOUTH WASTEWATER TREATMENT PLANT LIFT STATION THAT DCS IS DESIGNING RIGHT NOW, AND THAT'S ANTICIPATED TO BE COMPLETED, I BELIEVE, THEIR PRELIMINARY SKELOS OH I MEAN, OBVIOUSLY, WE JUST STARTED THEIR DESIGN A MONTH AGO, I THINK. THEIR PRELIMINARY SCHEDULE IS -- WILL BE CONSTRUCTION OF COMPLETE

IN JUNE OF '25. >> OKAY, MY SECOND NOTE ON THIS IS BY 12-31-24.

BECAUSE IF I THRED RIGHT, IT HAS TO BE INSTALLED BY 12-31-24 OTHERWISE THEY HAVE SOME KIND OF RIGHTS. BECAUSE DOWN IN -- THIS HAS GOT FUNNY STUFF.

E2 SAYS WASTEWATER STATIONS ARE REQUIRED FOR THE WWPP TO SERVE THE PROJECTS AND PROPERTIES AND THE CITY AGREES CAUSE OF COMPLETION AND FORMAL ACCEPTANCE FOR OPERATION MAINTENANCE AND WASTE STATION IMPROVEMENTS ON OR BEFORE DECEMBER 31ST, 2024. IT SOUNDS LIKE WE'RE A YEAR OFF.

YOU'RE SAYING JUNE TO '25? >> WE'RE ABOUT SIX MONTHS OFF, YES, SIR.

>> SO THAT'S REALLY ANOTHER SIX OR 9 MONTHS. WE'RE PROBABLY LIKE 15 MONTHS OFF. SO WHEN IT COMES BACK UP, I'D REALLY LIKE THEM TO KNOW LIKE WE DON'T HAVE A DATE FOR YOU OR IT'S LIKE SO FAR IN ADVANCED WE'RE NOT GONNA GET IN TROUBLE DOING IT. BUT THAT WAS MY ONLY COMMENT ON THIS AGREEMENT.

>> MATT, YOU MAY NOT KNOW THE ANSWER TO THIS, THE LIFT STATIONS YOU'RE TALKING ABOUT IS AT NUMBER 9. WHEN WE GO BACK AND LOOK AT PROJECTS, I DON'T KNOW IF YOU

HAVE THEM MEMORIZED OR NOT AT THIS POINT. >> THAT IS PART OF THE -- THAT LIFT STATION IS PART OF THE GLIMWOOD PROJECT, SO I BELIEVE THAT WOULD BE WASTEWATER 1.

AND MY OTHER QUESTION HAD TO DO -- ARE WE DOING SOMETHING IN LIEU OF TRAFFIC IMPACT ANALYSIS? LIKE THEY'RE SOMEHOW WITH THE FEES ON THAT? I DON'T KNOW IF I QUITE UNDERSTOOD THE IN LIEU OF TRAFFIC IMPACT ANALYSIS AND THEN NOT COLLECTING THOSE FEES

ASSOCIATED. >> SO WHEN THIS DEVELOPMENT AGREEMENT ORIGINALLY CAME FORWARD I BELIEVE 2021 IT WAS AGREED BECAUSE IT WAS RIGHT BEFORE THE TRAFFIC IMPACT FEE WAS REINSTATED. SO THE DEVELOPER MADE A CONCESSION AT THAT POINT WHICH WOULD HAVE BEEN A CONCESSION BECAUSE WE DIDN'T HAVE AN TIFF THAT WOULD IN LIEU OF THE ANALYSIS ESSENTIALLY BECAUSE THEY WERE RIGHT ON THE SOUTHERN BORDER OF THE SOUTHEAST LOOP, SO

[01:40:03]

THERE WEREN'T VERY MANY IMPROVEMENTS THAT WE COULD DO, THAT THEY WOULD PAY THAT AMOUNT BECAUSE WE DID NOT YET KNOW THE AMOUNT AND NOT SEEKING TO CHANGE THAT AMENDMENT.

>> SO THE AMOUNT WE'RE GETTING IS THE $1500 PER SINGLE FAMILY LOT?

>> RIGHT, BECAUSE THAT'S WHAT IT WAS AGREED TO WHEN WE FIRST SIGNED INTO THE AGREEMENT.

>> THAT'S ALL THE QUESTIONS I HAD. >> ALL RIGHT.

WE ASK TO TABLE? >> ALL RIGHT. >> OR POSTPONE.

>> IS THERE A REASON? >> I THINK TECHNICALLY POSTPONE THIS, CORRECT.

>> ASHLEY DIDN'T THEY SAY WHY? IS THERE A PARTICULAR REASON? >> WE'RE STILL WORKING ON SOME OF THE WORDING SO PULLED IT JUST SO WE CAN GET CLARIFICATION ON EVERYTHING BEFORE WE SIGN.

[12.4. Consideration and possible action on Resolution No. R-2023-103 to approve the Development Agreement between the City of Hutto and Hutto Data Center Campus, LLC (Ashley Bailey) ]

ED? ALL RIGHT, ITEM 12-4 CONSIDERATION POSSIBLE ACTION ON RESOLUTION... TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

HUTTO AND HUTTO DATA CENTER CAMPUS LLC. >> THIS IS AN EXCITING ONE.

YOU MAY REMEMBER THAT THIS WAS ACTUALLY ANNOUNCED PROBABLY TWO MONTHS AGO.

I'LL SHOW YOU WHERE THIS IS. THIS IS ON THE SOUTH SIDE OF 79 ACROSS THE TRACKS, DOWN BY 132 ON THE WEST SIDE, AND THEN 132 ON THE SOUTH SIDE IS WHERE IT TURNS.

THIS IS FOR THE DATA CENTER PROJECT THAT WAS JUST ANNOUNCED. SO THE DEVELOPMENT AGREEMENT HAS A FEW OPTIONS THAT WILL BE CONSISTENT WENT A PROPOSED CONCEPT PLAN AND NO MORE THAN 10% OF CHANGES THAT WOULD BE ALLOW ADMINISTRATIVELY. THE AGREEMENT IS ALSO THE CITY AND THE DEVELOP LETTER WORK IN GOOD FAITH TO ANNEX AND ZONE THE PROPERTY IN CONFORMANCE WITH THE FUTURE LAND USE MAP, THAT IS AN EMPLOYMENT DISTRICT, SO THIS WORKS AND ALSO CLARIFICATIONS TO DEVELOPMENT STANDARDS. WHEN IT WAS ORIGINALLY ADOPTED IN 2011 DATA CENTERS WERE A THING, IT WASN'T CONTEMPLATED HERE. SO THEY WERE ABLE TO PROVIDE US KIND OF JUST DEVELOPMENT STANDARDS FOR DATA CENTERS BECAUSE WE DON'T HAVE THAT IN OUR CODE, AND THIS WAS A QUICKER WAY TO GET THAT IN. AND SO FOR THAT, THEY DID DO THEIR SER THEY COULD HAVE 519 UNITS THAT ARE CONTEMPLATED WITHIN THIS DEVELOPMENT AGREEMENT, AND WE'VE GOT ALL OF THOSE THINGS APPROVED HERE. HERE IS THE CONCEPT PLAN.

YOU CAN SEE HERE TESTIFY' GOT BUILDINGS HERE, FOUR OVER HERE, TWO HERE, THESE LONGER THINGS ARE ACTUALLY DRAINAGE AREAS, THE UP YOU'LL SEE WITH SOME OF THOSE DEVELOPMENT STANDARDS IN YOUR PACKET, ONE OF THE ITEMS HERE IS ACTUALLY THAT IT'S GOING TO HAVE FIRMING AND THERE'S GOING TO BE FENCING AND FOR JUST THEIR OWN SECURITY. SO IT'S GOING TO ACTUALLY BE A REALLY NICE DEVELOPMENT, BUT WE JUST ALSO WANT TO MAKE SURE THAT WE DIDN'T GET 10% CUMULATIVE CHANGES WITHOUT COMING BACK TO YOU FOR APPROVAL LATER. WITH THAT, WE RECOMMEND

APPROVAL. >> IT SAYS CUMULATIVE CHANGES. >> I'M ENVISIONING IT'S 10%, SHRUBBERY COULD TECHNICALLY COUNT TOWARDS THAT BUT MORE SO IF THEY'RE GOING TO CHANGE SOMETHING LIKE BUILDING. IF IT CHANGES COMPLETELY FROM WHAT WE WERE CONTEMPLATING WE

WOULD BRING IT BACK TO YOU JUST SO EVERYTHING IS AWARE. >> ANY OTHER DISCUSSION OR

ACTION FOR THIS ITEM? >> I'LL MAKE A NOTION APPROVE 12.4.

>> WOULD YOU AUTHORIZE THE FIRE SIGN? >> AUTHORIZING THE FIRE SIGN.

>> THANK YOU. >> I'LL SECOND. >> MOTION MADE AND SECOND.

ANY DISCUSSION ON THE ITEM? HEARING NONE. PLEASE CALL THE VOTE.

[12.5. Consideration and possible action on Resolution No. R-2023-100 authorizing the application to the Williamson County Bond program for potential inclusion of the CR 132 overpass project, the CR 137 project, the CR132 S project, and the Brushy Creek Regional Trail Extension project. (Matt Rector) ]

NEXT WE HAVE ITEM 12.5, AND POSSIBLE ACTION ON RESOLUTION R-2023-100 AUTHORIZING THE APPLICATION TO THE WILLIAMSON COUNTY BOND PROGRAM FOR POTENTIAL INCLUSION OF THE CR132 OVERPASS PROJECT, THE CR137 PROJECT, THE CR1 THREE S PROJECT AND THE BRUSHY CREEK REGIONAL

TRAIL EXTENSION PROJECT. >> SO MOVED. >> MOTION BY COUNCIL MEMBER

SUTTON TO APPROVE AS PRESENTED. DO WE HAVE A SECOND. >> I'LL SECOND.

I JUST HAD A QUESTION. >> SECOND BY GORDON. >> I'LL SECOND SO WE CAN

DISCUSS. >> SO ARE WE -- I TALKED ABOUT THIS WITH ONE OTHER COUNCIL

[01:45:01]

MEMBER. SO ARE WE MARRIED TO THE ROUND-ABOUT AT 137 AND 1660? LIKE THAT'S IN THE PLANS. IF WE DECIDE WE DON'T WANT TO GO THAT WAY, CHOOSE TO MESS

ANYTHING UP WITH THIS -- >> NO. SO ACTUALLY IT'S IN THE 30% PLAN SET, BUT AT THE 30% LEVEL WE HAD THEM DO BOTH A SIGNAL AND A ROUND-ABOUT.

>> I SAW THERE WERE TWO OPTIONS BUT LISTED THE ROUND-ABOUT LIKE OPTION ONE AND THE OTHER ONE WAS OPTION TWO. I DIDN'T MEAN IF ONE WAS PREFERRED AND THE OTHER ONE WASN'T. I DIDN'T WANT TO BE TOTALLY LOCKED IN ON A SPECIFIC.

>> NO, WE'RE NOT LOCKED IN YET. IN FACT, WE HAD THE PUBLIC COMMENT PERIOD.

WE'RE PROCESSING ALL THAT. WE'RE GOING TO BRING IT BACK TO YOU GUYS ON MAY 18TH.

SO THAT YOU CAN HEAR THE PUBLIC -- YOU CAN SEE THE RESULTS OF THE PUBLIC FEEDBACK THAT WE GOT AND THEN WE'LL CHOOSE AN OPTION THAT WE PREFER, AND THEN THAT WAY I CAN DIRECT GASHER TO MOVE FORWARD WITH THAT DIRECTION. THAT'S WHAT WOULD GO FORWARD TO BE CONSIDERED FOR THE BOND PROGRAM IF THE COUNTY MOVES FORWARD WITH THAT.

>> OKAY. >> SO WILL YOU ADD PROJECT? >> I DON'T BELIEVE SO, SIR.

>> WOULD YOU LIKE TO ADD FRONTAGE ROADS ALONG 130? >> THAT'S NOT A COUNTY THING ANYWAYS. THAT'S A TX-DOT THING OR A CITY THING.

ONE OTHER QUESTION. THIS IS MORE OF LIKE A PERSONAL THINGS.

IN THE -- WHAT DO YOU CALL THIS THING. IN THE AGENDA ITEM REPORT, THE THIRD PARAGRAPH SAYS NOTICE IS PROVIDED TO THE CITY ON 4-14. APPLICATIONS WERE DUE BY 4-28.

WE REACHED OUT TO THE COUNTY. IT'S SPLITTING HAIRS BUT WE WERE ACTUALLY NOTIFIED ON APRIL 4TH. AND SO IT LEADS ME TO THAT THING WHERE, IT'S LIKE, I GOT, IT I FORWARD IT, I'M NOT GOING TO GET INTO WHO GOT IT BUT WE AS A CITY KNOW ABOUT THIS.

IT'S ONLY 10-DAYS LATER, BUT WE HAVE TO RESPOND TO THESE THINGS QUICKER.

YOU'RE WETTING -- GETTING THE INFORMATION AND IF THE COUNTY DOESN'T GET IT, CAN YOU IMAGINE WHAT WOULD HAPPEN IF THE COUNTY SAID YOU'RE TOO LATE BECAUSE YOU DIDN'T GET IT ON THE DEADLINE AND IT'S LIKE, NO, WE GOT IT ON APRIL 4TH. AIL ASK, I KNOW WHEN WE'VE GOT A LOT GOING ON, WE CAN'T LET BALLS DROP BECAUSE I THINK THEY SHOULD GIVE US MORE TIME THAN 24 DAYS BUT SHOULDN'T BE TELLING EVERYBODY THAT IT WAS ONLY TWO WEEKS BECAUSE IN REALITY IT WAS

MORE THAN THAT. >> AND IT WOULD HAVE BEEN NICE IF ALSO IF COUNCIL MAYBE COULD HAVE COME UP WITH SOME IDEAS AND THINGS TO ADD IN THERE. BECAUSE NOT THAT YOU GUYS AREN'T GOOD, BUT YOU ALWAYS ASK FOR MORE THAN YOU'RE GONNA GET AND HOPE YOU GET SOMETHING, BUT ANYWAY... WE CAN'T ADD. WE CAN'T ADD.

>> SO FOR THELE MAY 17TH MEETING THAT'S OUT IN TAYLOR THAT THEY'RE GOING TO HAVE LIKE

AN EXPO, IS SOMEONE FROM THE CITY GOING TO BE ATTENDING IT. >> I CAN ATTEND.

I HADN'T PLANNED ON ATTENDING, BUT I CAN BE THERE. >> I MEAN, IT CAN'T HURT.

>> YOU WANT US TO COME? >> I MEAN, YEAH, I GUESS QUO TEAM PLAY IT.

>> WE'RE ASKING FOR HOW MANY MILLIONS OUT OF THIS, ARE WE ASKING FOR?

>> A LOT OF MILLIONS. >> QUITE A BIT. >> YEAH.

SO I MEAN, HELL, WHATEVER -- TO ME, WHATEVER IT TAKES TO GET MONEY, WE OUGHTA BE STRATEGIZING HERE, BECAUSE THE EASY THING IS JUST RAISE SOMEONE'S TAXES AND GRAB IT FROM THE HOME OWNER.

THE EASIER THING IS SPEND THE NIGHT WITH THE COUNTY, THEY'RE NOT THAT BAD OF PEOPLE, AND WE DID TO TAYLOR AND WE LIKE TAYLOR AND HANG OUT AND MAYBE TALK AND THEY'LL THROW AN EXTRA MILLION OR TWO OUR WAY AND WE CAN HELP THEM GET THE BOND PASSED BECAUSE WE CAN TELL OUR VOTERS THROUGH SNEAD THIS BOND PACKAGE DIRECTLY HELPS THAT OUT. BECAUSE IF THEY DON'T GIVE US ANYTHING, WHY WOULD WE VOTE FOR IT TO HELP OUT THE WEST SIDE OF TOWN?

THAT'S MY THOUGHTS ON THAT. >> YOU CAN GUYS SEND OUT LIKE A MEETING REQUEST?

>> SURE. >> WE COULD DO LIKE A POSSIBLE QUORUM OUT THERE.

>> ANY OTHER ADVANTAGE, YOU KNOW, WITH LIKE THE COUNTY ROAD 132 AND THE BRIDGE AND STUFF, THOSE ARE GONNA HELP A LOT OF PEOPLE THAT ARE IN THE EKK -- ETK.

IT'S NOT JUST THE CITY PEOPLE QUESTION REACH OUT TO BUT A RIDER GROUP THAT WOULD THOWDLE

SEE BENEFIT AND SPREAD THE COST COUNTYWIDE. >> I THINK THE ONLY ISSUE WITH 137, I THINK THAT PORTION FOR 1660 SOUTH TO BRUSHY CREEK IS THE CITY'S.

OF COURSE IT IS COUNTY ROAD OR WHATEVER, BUT I BELIEVE THAT THAT IS THE CITY'S LICKLITERER

[01:50:05]

TO. SO IT MIGHT BE A HARD SALE FOR THEM.

I KNOW IT'S PROBABLY NOT A BIG PRICE TAG CONSIDERING THE OVERPASS IS GONNA BE LIKE THE

MEAT AND POTATOES. ED. >> SO COUNCIL MEMBER THERE WASN'T A REQUIREMENT THAT THE ROADS BE IN OUR ETJ AND NOT CITY ROADS, IT WAS ROADS THAT WE

WOULD ASK THE COUNTY TO CONSIDER BEING A FUNDING PARTNER ON. >> OKAY.

GREAT. >> ALL RIGHT. SO THE MOTION IS TO PASS IS APPROVED OR AS PRESENTED BY COUNCIL MEMBER SUTTON AND SECONDED BY MAYOR PRO TEM GORDON. ANY OTHER DISCUSSION ON THAT NOTION.

>> HEARING NONE, PLEASE CALL THE VOTE.

AYE

[13.1. Consideration and possible action on amending Council Protocols to add guidelines for City Council usage of Legal Counsel (Councilmember Dan Thornton) ]

CONSIDERATION POSSIBLE ACTION ON AMENDING COUNCIL PROTOCOLS TO ADD GUIDELINES FOR CITY COUNCIL

USAGE OF LEGAL COUNCIL. >> I DID NOT GET TO GATHER THE INFORMATION I WANTED TO PUT OUT ON THE FORM FOR THIS IN TIME. SO I'D LIKE THAT POSTPONE THIS UNTIL MAY THE 18TH, AND I'LL GET THAT INFORMATION OUT IN THE NEXT WEEK SO EVERYBODY HAS A WEEK TO REVIEW.

>> POSTPONE TO THE 18TH? >> YEAH. >> MY ONLY COMMENT ON THIS IS I DON'T EVEN KNOW WHAT VERSION WE'RE ON. I FEEL LIKE WE'VE TALKED ABOUT CHANGES AND PROTOCOL AND THEN IT DIDN'T COME BACK FOR A VOTE. AND SO MAYBE WITH PART OF THAT, IF WE CAN GET WHATEVER WE'RE CURRENTLY ON... AND THEN IS THAT -- DOES ANYBODY

KNOW -- >> IT'S ON THE CITY COUNCIL PAGE, OR AT LEAST IT WAS.

LET ME DOUBLE-CHECK. >> IS THAT THE ONE WE RECENTLY TALKED ABOUT LIKE THREE MONTHS

AGO AND WE AND BRING BACK? >> NO, THIS IS THE ONE THAT WE ADOPTED IN MAY OF 2022 AND WE

DID HAVE THE WORKSHOP, BUT NO CHANGES CAME OUT OF THAT. >> OH, I THOUGHT WE HAD CHANGES

OR SOME MODIFICATIONS, BUT THEN WE WERE GOING TO BRING BACK. >> LAST I REMEMBER, DOTTIE ASKED

US TO EMAIL HER CHANGE IF WE HAD ANYTHING. >> NO, BUT, ROY.

AND I THINK I SENT SEVERAL REMINDERS SAYING NO CHANGES. MAYBE WE CAN POSTPONE IT.

>> MY RECOMMENDATION IS GONNA BE THAT WE EXPAND THIS AND DO WHAT WE DID LAST TIME, FORM A SUBCOMMITTEE OF THREE COUNCIL MEMBERS TO WORK ON IT AGAIN. I THINK THAT WORKED WELL THE LAST TIME. AND MAYBE LOOK AT MORE THAN THIS, MAYBE WE CAN LOOK AT OTHER

THINGS. >> WELL IF YOU WANT TO DO THAT, THEN WE SHOULD WAIT UNTIL ALL OF