5.1. Recognition as a 2022 Tree City USA by Arbor Day Foundation - Jonathan Motsinger, Texas A & M Forest Service

[8.1. Consideration and possible action on Resolution No. R-2023-080, approving the municipal services agreement for the proposed annexation of the Upper Schmidts Creek tract, 40.8 Acres, more or less of land located at the southeast corner of Ed Schmidt Blvd and Limmer Loop. (Ashley Bailey)]

8.1. CONSIDERATION AND POSSIBL ACTION ON RESOLUTION NUMBER R-2023-080. APPROVING THE MUNICIPAL SERVICES AGREEMENT FO THE PROPOSED ANNEXATION OF THE UPPER SCHMIDTS CREEK TRACT, 40.

ACRES, MORE OR LESS OF LAND LOCATED AT THE SOUTHEAST CORNER OF ED SCHMIDT BOULEVARD AND LIMMER LOOP.

>> GOOD EVENING. ASHLEY BAILEY DEVELOPMENT SERVICES DIRECTOR.

THE ITEM UP FOR CONSIDERATION RIGHT NOW IS THE MUNICIPAL SERVICES AGREEMENT FOR THE UPPER SCHMIDTS CREEK. THIS IS ON THE AGENDA ON APRIL 4TH AND IT WAS TABLED AT THAT TIME TO ALLOW FOR ADDITIONAL TIME FOR THE DEVELOPER TO HAVE A NEIGHBORHOOD MEETING. WITH THAT THIS IS THE MUNICIPAL SERVICES THAT IS REQUIRED WITH THE APPROVED SCR PRIOR TO

ANNEXATION. >> QUESTIONS OR DISCUSSION FROM

COUNSEL? >> I MAKE A MOTION TO APPROVE

THE RESOLUTION AS PRESENTED. >> DO WE HAVE A SECOND?

>> I WILL SECOND. >> PROVEN THE RESOLUTION IS PRESENTED. ANY OTHER DISCUSSION ON THE ITEM OR MOTION? HEARING

NONE. PLEASE CALL A VOTE. >> COUNCILMEMBER CLARK.

COUNCILMEMBER KINSEY. GORDON. KOHLER. COUNCILMEMBER THOMPSON

MAYOR SNYDER. >> MOTION PASSES . 7-0. ITEM

[8.2. Consideration and possible action on Ordinance No. O-2023-021 Approving the Annexation of the Upper Schmidts Creek Tract, 40.8 Acres, more or less of Land and to Establish the Base Zoning as MF (Multi-Family) located at the southeast corner of Ed Schmidt Blvd and Limmer Loop. (First Reading) (Ashley Bailey)]

8.2. CONSIDERATION AND POSSIBLE ACTION ON ORDER NUMBER OH-ZERO -- APPROVING ANNEXATION OF TH UPPER SCHMIDTS CREEK TRACT 40.8 ACRES MORE OR LESS OF LAND LOCATED AT THE SOUTHEAST CORNER OF ED SCHMIDT BOULEVARD AND LIMMER LOOP.

ANNEXATION ORDINANCE YOU MAY RECALL THE PUBLIC HEARING WAS HELD ON APRIL 4TH. NO ONE SPOK FOR OR AGAINST THAT ITEM. THIS IS JUST THE ANNEXATION PORTION OF THIS ITEM COMING UP NEXT.

THIS WAS LEFT AS MULTIFAMILY AS PART OF THE COMPREHENSIVE PLAN

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ON 2040 AND THIS COMPLIES THA IT IS ACTUALLY A LITTLE BIT CLOSER TO THE COMMUNITY ACTIVIT THAT WE WOULD RATHER HAVE WITH THE COMBINATION ZONING YOU WIL SEE IN THE FOLLOWING ITEM .

>> QUESTIONS OR DISCUSSION FROM COUNSEL?

>> I MAKE A MOTION TO APPROVE A PRESENTED.

>> SECOND. >> SECONDED BY COUNCILMEMBER CLARK. ANY OTHER DISCUSSION ON ANY ITEM WHERE THE MOTION? HEARING NONE. PLEASE CALL THE VOTE.

>> COUNCILMEMBER THORTON. MAYOR SNYDER. COUNCILMEMBER

CLARK. COUNCILMEMBER KINSEY. >> MOTION PASSES. 7-0. NEXT IS

[8.3. Conduct a public hearing and possible action on Ordinance No. O-2023-030 approving the Planned Unit Development (PUD) zoning ordinance request for the property known as Upper Schmidts Creek Planned Unit Development (PUD), 40.8 acres, more or less, of land, located at the southeast corner of Limmer Loop and Ed Schmidt Blvd (Ashley Bailey)]

ITEM 8.3. CONDUCT A PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE NUMBER O-2023-030 APPROVING THE PLANNED UNIT DEVELOPMENT ZONING ORDINANCE REQUEST FOR THE PROPERTY KNOWN AS UPPER SCHMIDTS CREEK PLANNED UNIT DEVELOPMENT 40.8 ACRES, MORE OR LESS OF LAND LOCATED AT THE SOUTHEAST CORNER OF LIMMER

LOOP AND ED SCHMIDT BOULEVARD. >> THIS IS AN INTERESTING PROJECT . SURROUNDING USES ARE THE SINGLE-FAMILY NEIGHBORHOOD . THE PROPOSALS DEVELOP THE TRACK WITH ATTACHED AND DETACHED RESIDENTIAL UNITS WITH A MAX DENSITY OF NINE UNITS IN ACRE. THIS IS LESS DENSE THAN WHAT IS ALLOWED TYPICALLY BECAUSE THEY ARE BEING MORE SENSITIVE TO THOSE NEIGHBORS.

ALSO IT IS A LITTLE CLOSER TO THAT COMMUNITY ACTIVITY CENTER WITH A NEAR 50-50 SPLIT BETWEEN RESIDENTIAL AND COMMERCIAL USES THE CONCEPT PLAN ALLOWS FOR A TOTAL OF 173 RESIDENTIAL UNITS.

OVER A QUARTER OF THOSE ARE GOING TO HAVE GARAGES AND 20% WILL HAVE A DIRTY SQUARE FOOT POCHE. THE PORCHES WILL NOT FACE THE NEIGHBORS TO THE EAST AND WILL STILL ALLOW FOR SOME PRIVACY FOR THEM AS WELL AS THERE BEING A MINIMUM OF 25 FEE AWAY. THEY WILL HAVE A GREATER SETBACK THAN WHAT WOULD TYPICALLY BE ALLOWED. THERE AR ALSO SINGLE-STORY BUILDINGS ALONG SHARED PROPERTY LINE INSTEAD OF TWO-STORY BUILDINGS SO THEY STILL MAINTAIN THAT NATURAL FLOW. YOU'RE NOT GOING TO BUILD UP BUILDINGS ADJACENT TO EXISTING NEIGHBORS. MULTIPLE ROOF ALSO EXIST WITHIN THIS PU AND THERE IS PROPOSED THAT HAS A 30 FOOT BUFFER YARD REQUIRED AND ONE SHORTENING OF TREE ALONG THE EASTERN LINE TO BUFFER THAT COMMERCIAL. THERE' ALSO AN ADDITIONAL SETBACK FOR ENCLOSURES FROM AN ADJACENT RESIDENTIAL AREA JUST SO THAT WE ARE TRYING TO MITIGATE ANY CONCERNS. THE BIGGEST PART OF THIS IS THAT THIS ACTUALLY EXTENDS OUT FROM HUTTO SQUARE WHERE TYPICALLY EVERYBODY YOU SEE IS CONCERNED YOU CAN ONLY GET OUT THROUGH EXCHANGE OR NORTH AND THIS WILL EXTEND A STREET THROUGH HERE . THIS IS ALBANY WAY. WE ARE LOOKING AT POTENTIALLY RENAMING THAT WE DON'T HAVE TWO DIFFERENT NAMES ON EITHER SIDE. THERE IS ONE THING WITH THIS PUD THAT THERE IS NO REQUIRED PARKING FOR THE COMMERCIAL AND THAT IS BECAUSE THE OWNERS DO NOT ALLOW PARKIN THAT IS REQUIRED. IT'S ONLY EXCESS PARKING. TO GET AROUND THAT WHAT THE DEVELOPER WAS ADVISED TO DO WAS ASK FOR NO PARKING IN COMMERCIALS SO THEY CAN PURCHASE PARKING FOR THE COMMERCIAL. WE DO HAVE THE CAVEAT TO ALLOW LANDSCAPING TO BE APPROVED WHICH WOULD POTENTIALLY REDUCE THE NEED FO THE PUD SO WE DON'T HAVE TO COM BACK TO DISCUSS SEVERAL DIFFERENT TIMES. THIS DOES MEE ALL THE CRITERIA FOR ANY DEVELOPMENT WITHIN THE CODE. I IS WITHIN THE SPIRIT OF THE COMMUNITY AND OTHER APPLICABLE USES. IT DOES PRESERVE SOME LAND FOR OPEN SPACE. IT DOES CREATE WHAT WE ARE LOOKING FOR AND IT DOES HAVE THE ARCHITECTURAL DESIGNS AND OTHE ITEMS THAT WE WANT TO SEE IN THAT COMMUNITY. WITH THAT 243 PROPERTY OWNERS WERE NOTIFIED WE HAD NUMEROUS RESPONSES WITHIN YOUR PACKET. WE HAD ONE OR TWO SHOW UP AT PLANNING COMMISSION AND PLANNING COMMISSION DID RECOMMEND APPROVAL WITH A FEW MINOR CONDITIONS. ALL OF THOSE ARE

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REFLECTED IN THE PACKET ALREADY ONE OF THEM BEING 5% BY THE MODIFICATION CHANGES TO A 10% MODIFICATION. TRY FAIR USES THREE OF THE PARCELS SO WE ARE NOT GETTING OVERLY AUTO ORIENTED AND WE ARE TRYING TO CREATE A WALKABLE ENVIRONMENT.

ONE OF THE THINGS WE'RE LOOKING AT IS WHERE THEY START TO SHUT OFF AT A CERTAIN TIME SO IT DOESN'T JUST GLOW. THERE'S ALS VERIFICATIONS TO THE PUD IN ALLOWING FOR THE PERIMETER LANDSCAPING FOR OVERALL JUST T MAKE SURE WE ARE STILL GETTING THE LANDSCAPING. THE DEVELOPERS REPRESENTATIVE IS HERE WITH A PRESENTATION IF YOU WOULD LIKE TO HEAR THAT AS WELL.

>> WE CAN DO THE PUBLIC HEARING FIRST.

>> WE CAN HAVE THE DEVELOPER PRESENT AND IF ANYONE WANTS TO TALK WE CAN ALWAYS CLOSE IT. W WILL DO THE PUBLIC HEARING AT 7:36 P.M. IS THERE ANYONE IN THE PUBLIC THAT WISHES TO COME UP AND SPEAK REGARDING THIS DEVELOPMENT OF THIS ? PLEASE COME UP. NOT SEEING ANYONE. WE WILL KEEP IT OPEN AND AMANDA HAS GOT A PRESENTATION. WHILE WE GET READY, IS THIS THE ROAD

THAT WERE TALKING ABOUT ? >> NO.

>> HUTTO PARK DOES NOT HAVE A STREET. IT'S A TRAIL. NOT A PARK SYSTEM. WE CAN GET IN A LITTLE BIT MORE.

>> GOOD EVENING. MY NAME IS AMANDA BROWN WITH BROWN CONSULTING. LIKE YOU SO MUCH FOR YOUR TIME THIS EVENING.

REITERATING WHAT ACTUALLY SAID WE ARE REQUESTING A COMBINATION OF ANNEXATION AND REZONING FOR PARCEL TO ALLOW ACCOMMODATION O RESIDENTIAL AND COMMERCIAL LOCATED JUST ON THE SOUTHEAST CORNER OF LIMMER LOOP ALMOST 41 ACRES. THE CURRENT FUTURE LAND USE DESIGNATES THIS SITE A MULTIFAMILY. THIS CALLS FOR A MIX OF HOUSING . WE ARE PROPOSING A MARGIN OF THIS IN ADDITION TO THE COMMERCIAL THAT'S ALSO PROPOSED. THIS IS CURRENT ZONING MAP. AS YOU CAN SEE WHERE CURRENTLY NOT IN THE CITY. WE DO NOT HAVE ZONING'S O PROPOSING ANNEXATION IN ADDITIO TO ZONING. ALL THE BENEFITS THA COME WITH ANNEXATION INCLUDE AL THE TAX REDUCING LAND THAT WILL BE GOING INTO THE CITY PROPERTY TAXES AND ALSO IMPOSING THE CITY STANDARDS THAT WILL NOW B APPLICABLE . ALL THE STANDARDS AND LIGHTING RESTRICTIONS AND NOISE OR DID SINCE THAT THE CITY OF HUTTO HAS WILL BE IMPOSED ON THE SITE UPON ANNEXATION. AS MENTIONED WE AR PROPOSING TO BASE ZONING DISTRICTS FOR THIS. ONE IS THE COMMERCIAL ANCHORAGE. THE OTHE IS MF. MULTIFAMILY. THIS IS FURTHER TO THE EAST THE MULTIFAMILY PORTION WE HAVE REDUCED THE DENSITY ALLOWED FOR THE MULTIFAMILY TO REALLY REFLECT AND MIRROR THE STANDARD OF HUTTO TOWN PARK JUST TO THE EAST. WE REDUCED THE ALLOWED HEIGHT TO BE 35 FEET AND TWO STORIES. THE MAXIMUM DENSITY IS 10 UNITS PER ACRE. I'VE HAD MULTIPLE NEIGHBORHOOD MEETINGS AND LOTS OF CONVERSATIONS WITH THE RESIDENTS OF HUTTO TOWN PAR TO DISCUSS THIS DEVELOPMENT. WE HAVE COME UP WITH GOOD RESIDENTIAL COMPATIBILITY STANDARDS AND COMMERCIAL THAT WILL GET INTO. A COUPLE OTHER FEATURES WE HAVE LIMITED CURB HUTS. WE ENHANCE ARCHITECTURAL FEATURES LIKE ASHLEY HAD MENTIONED TO ADDRESS A CONCERN THAT WAS BROUGHT UP TO ME ABOUT DRAINAGE. WE DID ADDITIONAL SETBACKS IN REGARDS TO THE DRAINAGE PLAN TO ENSURE NEIGHBORS ARE NOT AFFECTED BY OUR POND. FOR THE B-2 DISTRICT WE DID COMMERCIAL COMPATIBILITY AND THE REDUCTION IN PARKING.

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WE MINIFIED THE PARKING REQUIREMENT ONLY AND THE REASO FOR THAT IS THAT THE PARKING IS PROPOSED TO BE WITHIN THOSE.

THERE IS 100 FOOT AND 100 FOO ENCORE EASEMENT. IN ORDER FOR U TO PUT PARKING IN THAT IT HAS TO BE SORT OF ABOVE AND BEYOND WHATEVER IS REQUIRED BY CODE. THERE IS GOING TO BE AMPLE PARKING FOR THESE RETAIL BUILDINGS FOR RETAIL AND RESTAURANT . THERE IS NO WAY YO WOULD BE ABLE TO GET ANY SORT O FUNDING TO BUILD A RETAIL BUILDING WITHOUT HAVING SUFFICIENT PARKING. HE WOULD NEVER BE ABLE TO GET A TENANT I ONE OF THESE BUILDINGS WITHOUT HAVING SUFFICIENT PARKING. THIS IS A CREATIVE WAY TO ACTIVATE THIS LAND TO BE ABLE TO PRODUC SALES TAX FOR THE COMMUNITY AN TO ALSO PRODUCE MUCH-NEEDED NEIGHBORHOOD SERVING RETAIL FO OUR RESIDENTS AND ALSO RESIDENC IN AN AREA THAT WOULD OTHERWISE BE LAND . THIS PORTION IS SOR OF THE TOP NORTHEAST CORNER OF IT. THIS IS THE ONLY PART OF TH DEVELOPMENT WHERE THERE IS COMMERCIAL ADJACENT TO RESIDENTIAL. I'VE HAD PHONE CALLS WITH SEVERAL OF THE NEIGHBORS IN THIS AREA AND HEARD THEIR CONCERNS PRIMARILY AROUND LIGHTING AND NOISE SO I PUT SOME PROVISIONS IN THE PIED TO MITIGATE THOSE CONCERNS. WE LIMITED LIGHTING TO APPOINT FIVE FOOT CANDLE AT THE PROPERT LINE . THE CURRENT UDC HAS LIGHTING STANDARDS THAT HAVE TO BE POINTED DOWN AND I CAN'T SHINE INTO OTHER PEOPLE'S YARDS THERE IS NO DEFINITIVE MEASURABLE CODE REQUIREMENTS. IF THESE NEIGHBORHOOD WANTED T CALL AND COMPLAIN THERE WOULD IT BE A MEASURABLE WAY TO KNOW IF IT WAS TOO BRIGHT OR NOT. SO PUTTING A LIMIT ON IT HAS A MEASURABLE LIMIT ON HOW MUCH LIGHT CAN BE AT THAT PROPERTY LINE. LOADING DOCK ORIENTATION MUST BE ORIENTED AWAY FROM THE SINGLE-FAMILY. WE LIMITED THE HOURS FOR LOADING FROM 6 A.M.

TO 9 P.M. BECAUSE YOU'RE NOT GOING TO HAVE ANY MIDDLE OF THE NIGHT LOADING AND UNLOADING. THERE WILL BE TREES PLANTED ALONG THE EASTERN PROPERTY LINE THERE IS A 100 FOOT TRASH ENCLOSURE SETBACKS OF ANY DUMPSTERS OR THINGS LIKE THAT HAVE TO BE SET AWAY FROM THE NEIGHBORS AND THEN AN EIGHT FOO PRIVACY FENCE ALONG THE EASTERN PROPERTY LINE. EITHER EIGHT FOO PRIVACY FENCE OR A DRAINAGE AREA. THE SITE NATURALLY DRAIN TO THIS AREA SO IT'S EXPECTED I WILL PROBABLY BE DRAINAGE FACILITIES OVER THERE. IF NOT THEN THERE IS SOME SORT OF CAR ACTIVITY THERE WILL BE A FENCE THERE AS WELL. RESIDENTIAL COMPATIBILITY. THIS IS BETWEEN OUR RESIDENTIAL COMMITTEE AND THE CURRENT HUTTO TOWN SQUARE COMMUNITY. WE CRAFTED DEVELOPMENT STANDARDS FOR THESE HOMES TO BE MIRRORED BY THE HUTTO TOWN SQUARE NEIGHBORHOOD. NOT TO EXCEED A HEIGHT OF 35 FEET OR TWO STORIES FOR THE ENTIRE DEVELOPMENT AND LIMITIN THE UNITS PER ACRE TO 10 . IN ADDITION TO THAT WE PUT UP A VISION IN THAT ANY BUILDING WITHIN 25 FEET OF THE PROPERTY LINE CAN ONLY BE ONE STORY. WE HAVE BEEN PLANTING TREES EVERY 50 FEET ALONG THE PROPERTY LIN . WE PROHIBITED PURCHASE TO FACE THE EASTERN PROPERTY LINE AND THEN NO FRONT ENTRY SHALL B ORIENTED TOWARDS THE EASTERN PROPERTY LINE. THE INTENT OF THAT IS TO ENSURE THE QUIETEST SIDE OF THE HOME IS FACING THE EASTERN PROPERTY LINE SO NOT VERY MUCH ACTIVITY. TRAFFIC IMPROVEMENTS WILL HAVE DEDICATION AND CONSTRUCTION OF ALB ANYWAY. WE DID AN ESTIMATE IMPACT FEE FOR THE RESIDENTIAL ONLY BECAUSE WE DON'T KNOW WHA TYPES OF USES WILL BE GOING INT THE RESTAURANT. THE ESTIMATE FOR RESIDENTIAL ONLY IS

$432,000. >> IS THAT ABOVE AND BEYOND TH COST OF YOU PUTTING IN THE ALBANY WAY? OR DO YOU GET

CREDIT FOR THAT? >> WE WOULD MOST LIKELY GET CREDIT. THAT WOULD BE WORKED OU AT A LATER DATE. WE DID GO TO THE PLANNING COMMISSION . THER IS AN ERROR IN MY PRESENTATION.

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WE ELIMINATED DRIVE-THROUGH RESTAURANT USED ONLY THREE PARCELS OF ALL THE COMMERCIAL PARCELS YOU SEE. WE DID DEVIAT SLIGHTLY FROM ONE CONDITION THA COMMISSION REQUESTED SO THE CONDITION THAT THE COMMISSION REQUESTED WAS FOR 50% OF ALL OF THE LIGHTING IN THE COMMERCIAL DISTRICT TO TURN OF COMPLETELY AT 9 P.M. THE OTHER 50% TO 50% LUMINOSITY AND THEN BE TRIGGERED BY MOTION SENSOR AND GO UP TO 100% IF IT'S TRIGGERED. WE BROUGHT IN A LIGHTING CONSULTANT TO UNDERSTAND IF THAT WAS POSSIBLE AND HOW THAT WOULD WORK.

ULTIMATELY THEY RECOMMENDED THA SOME PARTS OF THE YEAR THE SUN DOESN'T GO DOWN UNTIL NINE SO THE LIGHTS THAT WERE TO SHUT OF AT NINE WOULD REALLY NOT BE ON OR USED MUCH AT ALL. OUR SUBSTITUTE CONDITION IS TO HAVE THEM ALL DIMMED TO 50% LUMINOSITY AND THEN ONCE TRIGGERED BY MOTION SENSOR AT 9 P.M. WILL GO UP TO 100%. WE ALREADY TALKED ABOUT IT A LITTL BIT BUT AN EIGHT FOOT PRIVACY FENCE ALONG THE EASTERN PROPERTY LINE OF PARCEL SEVEN. I AM AVAILABLE FOR ANY

QUESTIONS. >> QUESTIONS FROM COUNSEL?

>> I HAVE A QUESTION. LOOKING AT THE UDC IT IS PRETTY CONSISTENT TALKING ABOUT THE LIGHTING BECAUSE SHE JUST TOUCHED ON THE LIGHTING AT 9 P.M. IT WOULD GO TO 50% OFF , 50% DIM AND WOULD BE THEN TRIGGERED BY MOTION. THROUGHOU THE UDC CODE IT IS PRETTY CONSISTENT WITH INSTRUCTIONAL FACILITIES, BANKS, CLUB WATCH, FOOD CATERING, GROCERY STORES, RADICAL OFFICES. IN THE CODE I REGULARLY CITES 7 A.M. TO 10 P.M. AND THEN IN THIS PUD AMENDMENT OR WHAT WAS DONE HERE IT WAS CHANGE TO 6 A.M. TO 9 P.M. WHAT WAS THE REASONING WITH CHANGING AND CHANGING TO THE DIFFERENT HOURS AND NOT

CONSISTENT UDC CODES? >> IT WAS WHAT WAS PRESENTED.

THE LIGHTING ITSELF IF THEY AR GOING TO BE DIMMED IS RIGHT NOW THEY DON'T HAVE TO BE DIMMED THEY CAN JUST KEEP THEM ON. WE HAVE THAT AT THE PROPERTY LINE. THIS IS SIMILAR OR BETTER.

>> I AGREE WITH YOU. I GUESS M ISSUE IS WITH THE TIMES. IN TH EVENINGS LIKE DURING THE SUMMER IT IS STILL DAYLIGHT AT NINE.

SOME OF THESE ARE GOING TO BE TRIGGERED AND IT WILL BE FLICKERING FOR THE NEIGHBORS. I FEEL LIKE IF WE CAN KEEP IT -- I WOULD LIKE TO SEE IT STAY CONSISTENT AT 10 P.M. BECAUSE ALSO WOULD LIGHTING YOU HAVE TH LIGHTING FROM NINE TO 10 BECAUSE IT WILL GET DARK AT 9:3 JUST LIKE FOR SAFETY REASONS AND THEN OBVIOUSLY RESPECTING THE NEIGHBORS . THE NEW DEVELOPMENT RIGHT THERE. I KNO THE QUALITY WITH THE 50% OFF AND 50% DIM AND THEN TRIGGER BY MOTION I LIKE THAT BUT I JUST WOULD LIKE TO STICK TO TH 7 A.M. TO 10 P.M. VERSUS 6 A.M TO 9 P.M. JUST FOR SAFETY REASONS AND FOR SUMMER HOURS A WELL. THAT'S SOMETHING I WOULD LIKE TO SEE BE CONSISTENT EVEN THOUGH THE DEVELOPER IS GOING ABOVE AND BEYOND.

>> AMANDA, YEAH I GUESS THIS IS A QUESTION FOR AMANDA. THE FOLKS IN EMORY , IF THEY WANTE TO WALK OVER TO THIS PARCEL T GO TO ANY ONE OF THESE SHOPS IS THERE GOING TO BE A WALKWAY THA LINES UP WITH THE NORTH EMORY COVE AND LINES UP WITH THIS ROAD FOR FOLKS TO POTENTIALLY WALK ACROSS ?

>> YES. ON OUR END THE NEW ROADWAY WOULD HAVE SIDEWALKS AND IT WOULD ALIGN . ULTIMATELY THERE WOULD NEED TO BE SOME SOR OF SAFETY MECHANISM ASSOCIATED WITH SOME SORT OF TRAFFIC SIGNA OR PEDESTRIAN CROSSWALK . THAT' CURRENTLY NOT PLANNED BUT I

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THINK IT WOULD BE REALLY GREAT AND SOMETHING WE WOULD LIKE TO

SEE BE PUT IN THERE. >> THAT MIGHT BE A BIG THING. I THERE GOING TO BE A STOP SIGN COMING OUT OF THIS ON THE WEST

SIDE? >> WAS UNLIKELY YES. THAT'S STILL FURTHER DOWN THE ROAD WHE WE GET INTO ENGINEERING . MY ASSUMPTION WOULD BE YES THERE WOULD BE SOME SORT OF SIGN

THERE. >> MY LAST QUESTION WOULD BE PARCEL SEVEN. IS THERE ANY WAY -- THAT IS BACKING UP TO NEIGHBORS BACKYARDS. IS THERE ANY WAY TO LIMIT OR RESTRICT WHAT TYPE OF BUSINESS GOES INTO PARCEL SEVEN SO THAT WAY, FOR INSTANCE IF IT WAS A RESTAURANT OR SOMETHING LIKE THAT, AND THE HAD AN OUTDOOR PATIO . THESE FOLKS ARE LIVING WITH NO INTERRUPTIONS CURRENTLY SO IF THERE WAS A RESTAURANT THAT HAD AN OUTDOOR SEATING IS THERE A WAY TO RESTRICT THAT SO THAT WAY THESE RESIDENTS AREN'T DISTURBED FROM WHAT THEY

CURRENTLY ARE EXPERIENCING? >> WE CAN PUT A PROVISION IN TH CODE THAT PROHIBITS ANY OUTDOOR SEATING ON PARCEL SEVEN.

>> YOU WANTING TO STOP AND REPEAT OF THE REAL TYPE

SITUATION? >> HE SAID IT. I DIDN'T SAY IT.

JUST ANY OUTDOOR VOLUME I AM CONCERNED. I THINK THAT'S ALL

MY QUESTIONS. >> GOING TO SOME OF THE QUESTIONS FROM THE RESIDENCE I THE PACKET THEIR CONCERN IS OBVIOUSLY TRAFFIC ON ED SCHMIDT. I KNOW THIS MAY BE IN THE FUTURE . DEVELOPER PARTICIPATION IN EXPANDING THA ROAD OR CREATING ANOTHER LANE OR THREE LANES ? WHAT DOES THA LOOK LIKE AS FAR AS THE FUTURE TO KIND OF HELP MITIGATE

TRAFFIC? >> EVERY DEVELOPMENT PROJECT THAT COMES IN IS REQUIRED TO MITIGATE THEIR TRAFFIC IN SOME WAY OR ANOTHER. COUNCILMEMBER GORDON THE FEES WOULD GO TOWARD THE CONSTRUCTION OF THIS ROAD. THAT HAPPENS IN SEVERAL DIFFERENT WAYS. WE HAVEN'T FIGURED OUT WHAT THAT'S GOING T LOOK LIKE YET FOR THE SITE THAT COMES LATER. THE FIRST IS DOIN A TRAFFIC IMPACT ANALYSIS. IT'S BASICALLY A TRAFFIC ENGINEER WILL GO OUT AND COLLECT COUNTS FOR WHAT IS THE CURRENT TRAFFIC WHAT IS EXPECTED FROM THIS DEVELOPMENT AND THEY WILL FORECASTED INTO THE FUTURE. JUST TO UNDERSTAND WHAT THE TRAFFIC IS GOING TO BE. THEY WILL IDENTIFY MITIGATION MEASURES FROM THAT T.I.A. IN THE TRAFFIC IMPACT ANALYSIS THERE CAN BE SOME IMPROVEMENTS THAT ARE REQUIRED TO BE BUILT WITH THE DEVELOPMENT ON THE GROUND. AN EXAMPLE WOULD BE MAYBE GOING NORTH ON ED SCHMIDT INTO THE DEVELOPMENT THERE WOUL NEED TO BE SOME SORT OF D CELL LANE SO IT GETS TRAFFIC OFF OF THE ROAD. THERE'S OFTEN TIMES ADDING LANES TO INTERSECTIONS AND SIGNAL TIMING THAT HAVE TO BE DONE . THOSE ARE THE INSTANCES THAT YOU'LL SEE ON THE GROUND IMPROVEMENTS DONE.

TRAFFIC IMPACT ANALYSIS CAN ALS GENERATE MONEY. YOU HAVE TO GIV THE CITY MONEY FOR THE CITY TO BE ABLE TO AMALGAMATE ALL THE MONEY FROM ALL THE DEVELOPMENTS TO DO A SPECIFIC ELEMENT. THAT' TYPICALLY HOW SIGNAL IS PUT IN. THE CITY RECENTLY PASSED A TRAFFIC IMPACT FEE. I DON'T KNO IF IT'S RECENT ANYMORE. THE SECOND WAY IS THE TRAFFIC IMPAC FEE. THAT'S REALLY JUST DEVELOPERS WRITE A CHECK TO THE CITY THAT GOES TO BE SENT ON TRAFFIC IMPROVEMENTS AND IT HAS TO BE SPENT IN A CERTAIN AREA.

THE NICE THING ABOUT THAT IS YOU TAKE MONEY FROM MULTIPLE DEVELOPMENTS AND YOU CAN COMPIL IT TO SOME MEANINGFUL AMOUNT OF MONEY TO MAKE SUBSTANTIAL IMPROVEMENTS SUCH AS EXPANDING ED SCHMIDT OR SOMETHING MORE REGIONAL OF THAT NATURE. IN THIS PARTICULAR ONE THE SUBDIVISION CODE REQUIRES US T EXTEND THAT ROAD. THAT'LL BE A HUGE TRAFFIC IMPROVEMENT FOR TH AREA NOT JUST FOR THE COMMERCIA DEVELOPMENT AND OUR RESIDENCE BUT ALSO FOR THE NEIGHBORHOOD T THE EAST THAT HEATHER ROUTE CURRENTLY TO GET OUT OF THEIR NEIGHBORHOOD AS WELL.

>> JUST TO POINT THIS WILL COME BACK WHEN THEY ARE READY TO GO FOR ACTUAL PLANNING. THEY HAVE TO BRING THAT TRAFFIC IMPACT FE STUDY AND PLANNING AND ZONING MAY MAKE SOME ADDITIONAL REQUIREMENTS BEFORE THEY PASS THAT THEN IT WILL COME TO

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COUNSEL BEFORE THEY DO THAT. THIS IS JUST A CONCEPT PLAN FOR ZONING. THIS IS NOT THE DESIGN. DON'T GET AHEAD OF YOURSELF BECAUSE I CAN BE A YEAR FROM NOW.

>> THAT WAS ONE OF THE MAIN THINGS.

>> I DID HAVE ONE OTHER QUESTION THAT JUST POPPED UP.

THE HOMES ON THE EAST SIDE. I GUESS ALL THE HOMES THAT ARE AROUND THE BUSINESSES. DO WE KNOW IF THEY ARE GOING TO BE ONE-STORY OR TWO-STORY? LIKE CROSS CREEK I DON'T THINK THER IS ANY HOMES THAT REALLY HAVE A WINDOW AT THE BACK SHINING INT ANOTHER NEIGHBOR'S YARD. YEAH. IS THERE ANY PLANS THAT THIS DEVELOPER HAS FOR THE HOMES THAT ARE OUTLINING THE BUSINESSES AND OTHER HOMES TO MAKE SURE THERE'S NOT GOING TO BE A WINDOW THAT IS SHINING INT SOMEONE'S BACKYARD?

>> THIS IS ALSO STILL CONCEPTUAL. THE EXACT SORT OF DESIGN OF THE BUILDINGS ARE JUST NOT THERE YET. AT THE END OF THE DAY THERE WILL BE A COMBINATION OF ONE-STORY AND TWO-STORY BUILDINGS IN THIS DEVELOPMENT. WE PLAN TO LOCATE THE ONE-STORY BUILDINGS TO THE EASTERN SIDE OF THE PROPERTY AS MUCH AS POSSIBLE. IF IT'S GOIN TO BE A TWO-STORY BUILDING IT WILL BE SETBACK IN ADDITIONAL FIVE FEET FROM THE NEIGHBORHOOD WHICH IS ABOVE AND BEYOND THE NEIGHBORHOOD ITSELF IN TERMS OF SETBACKS WHICH ARE ABOUT 10 FEET.

>> OKAY. >> I HAVE A QUESTION.

>> YOU'VE GOT THE TREES TOO. THAT WILL MITIGATE THAT AS WELL SOMEONE WHO IS LOOKING TO PURCHASE THIS ?

>> THE RESIDENTIAL PORTION OF I IS GOING TO BE DEVELOPED BY ASPEN HEIGHTS WHO DID SCHMITZ CREEK JUST TO THE SOUTH. THEY HAVE THE WHOLE THING UNDER CONTRACT. THIS WILL BE AN EXTENSION OF SCHMIDT CREEK. IN TERMS OF THE RETAIL AND COMMERCIAL PORTION NOBODY NAILED DOWN BUT THERE IS A LOT

OF INTEREST. >> WITH ASPEN HEIGHTS THE UNIT ARE GOING TO BE FOR RENT. ARE THESE GOING TO BE ALL PRIVATE

PAY OR IS THIS A SUBSIDY? >> THIS WILL BE ALL MARKET RATE

HOUSING. >> I KNOW YOU SAID A LOT OF INTEREST AS FAR AS IT BEING COMMERCIAL GOES. ARE WE LOOKIN AT GAS STATIONS AND NAIL SALONS WHAT IS THE INTEREST LOOKING

LIKE? >> SMALL-SCALE RETAIL RESTAURANTS, BAKERIES , NAIL SALONS, THINGS LIKE THAT. JUST BY VIRTUE OF THE WAY THE ZONING IS SET UP THESE ARE GOING TO BE RELATIVELY SMALL-SCALE COMMERCIAL BUILDINGS. IT'S REALLY GOING TO BE CATERING TO THOSE SMALLER RESTAURANTS . I THINK THEY HAD SIX OR SEVEN COFFEE SHOPS INTERESTED IN JOINING IN SMALLER SCALE RETAIL THAT IS MUCH NEEDED IN HUTTO T BE ABLE TO OCCUPY THESE SMALLER BUSINESSES.

>> OKAY. THOSE WERE ALL THE QUESTIONS I HAD.

>> I'M GOING TO SWITCH THIS UP. I HEARD IT'S JUST A PAD SO WE CAN'T INTO DESIGN CRITERIA . WE WILL MAKE SURE THE COUNSEL KNOWS WE ARE IN FACT HERE TO TALK ABOUT ZONING , WHAT IT'S GOING TO LOOK LIKE. I GOT IN TROUBLE ONE TIME IF WE MAKE AL THE BUILDINGS PINK AND THEY APPROVE IT THEN THERE WILL BE A BUNCH OF PINK BUILDINGS. WE DO HAVE SOME SAY BECAUSE YOU ARE ASKING FOR VARIANCES TO OUR COD AND SOMETHING SPECIFIC FOR YOU ALL, RIGHT? YOU SAID YOU THOUGHT IT WOULD BE A GOOD IDEA TO PUT THAT SAFETY CROSSWALK DEAL IN. WOULD YOU SAY IT'S GOOD TO SEE THE CITY PUT THAT IN ARE YOU GUYS?

>> A CROSSWALK ON ED SCHMIDT WOULD HAVE TO COME FROM THE CITY. GOOD FUNDS FROM OUR TRAFFIC IMPACT FEES CONTRIBUTE TO THAT? YES. COULD OUR TRAFFI IMPACT ANALYSIS REQUEST THAT AN GET FUNDS? YES BUT AT THE END O THE DAY THAT'S UP TO THE CITY ENGINEERS WHETHER OR NOT THEY WANT TO PUT ACROSS WHAT THERE.

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SAFETY ANALYSIS HAS TO HAPPEN. IT'S THE CITY'S ROAD.

>> WE CAN'T AFFORD TO WIDEN OU ROADS SO ANY HELP WE GET I ALWAYS LOOK FOR. I HEARD PARCE SEVEN NO OUTDOOR SEATING. WE COULD WRITE THAT INTO THE PUD . IF YOU GO BACK MAYBE TOWARDS THE END. WE HAD THIS OTHER ISSUE IN HUTTO. WE DO ALL THIS DEVELOPMENT AND THEN IT ALL BUILDS AND WE COME BACK AND SAY WE NEED RIGHT AWAY. HOW ARE WE LOOKING ON THAT? THIS IS WHERE I DON'T KNOW. MY GUESS IS WE ARE GOING TO NEED A RIGHT D CEL LANE NORTHBOUND GOING INTO THI NEW ROAD AND WE'RE GOING TO NEE A RIGHT TURN LANE ON ED SCHMIDT NONE OF THIS HAS BEEN PROPOSED.

NONE OF IT WE HAVE RIGHT AWAY FOUR. IT WOULD BE GOOD FROM A DESIGN STANDPOINT IF WE WERE TO INCORPORATE SOME OF THOSE THING IN RIGHT AWAY SO THAT WE ARE TRYING TO BACKTRACK . I DON'T KNOW IF THAT IS SOMETHING YOU CAN PUT IN A POD BUT I KNOW WE SAY WHEN WE SELL LAND WE SAY YOU HAVE TO GIVE IT TO US FOR

FREE. >> THERE WILL BE RIGHT AWAY DEDICATION ASSOCIATED WITH IT. YEAH. RIGHT AWAY DEDICATION.

>> LASTING. YOU SAID THERE'S A LOT OF INTEREST IN RESTAURANTS.

ARE WE OFFERING INCENTIVES TO GET THOSE RESTAURANTS OR IS IT BECAUSE OF ALL THE HOUSING AND DEVELOPMENT THEY WANT TO BE

THERE? >> THEY WANT TO BE THERE. THERE ARE NO INCENTIVES CURRENTLY BEING PURSUED AT THIS TIME.

>> DO YOU HAVE ANY ARCHITECTURA LOOK OF WHAT THESE WILL LOOK LIKE? ARE WE GOING TO GET A BI UGLY BRICK BUILDING WITH A LIGH THAT IS 50% ARE ARE WE GETTING SOMETHING THAT IS HARMONIOUS WITH THE REST OF SCHMIDT CREEK? CAN WE PUT SOMETHING IN THERE

SOMEWHAT TO THE EFFECT OF -- >> THIS IS FOR THE COMMERCIAL

PORTION? OKAY. >> WE DON'T HAVE A LOT OF MONEY ANYTHING WE CAN DO . WHAT I'M WONDERING IS IF WE CAN GET THI SOMEHOW TO MATCH THE REST OF SCHMITZ CREEK . I'M TRYING TO THINK OF THE LANGUAGE WE WERE USING. DO YOU REMEMBER, ASHLEY THERE IS A LANGUAGE WE USE AN IT SEEMS KIND OF VAGUE TO ME .

>> IS THAT THE ONE ACTUALLY SEN TO US LAST YEAR?

>> NO, I DON'T THINK SO. I APOLOGIZE. I SHOULD HAVE HAD THIS DONE. SOMETHING THAT THE DESIGN WILL CONTRIBUTE TO HUTTO'S SENSE OF PLACE AND UNIQUE IDENTITY AS A HISTORICAL FARMING COMMUNITY. TO THAT END, ARCHITECTURAL CAN CREATE SOME INTERPRETATION OF BUILDINGS WITH FARMING VERNACULAR TO MODERN RETAIL USAGE. I DON'T KNOW WHAT THAT MEANS BUT I THIN YOU GUYS PROBABLY DO. RATHER THAN RELYING ON PREDOMINANTLY MASONRY THE ARCHITECTURE WILL INCORPORATE THE FLEXIBILITY USED IN CREATIVE PATTERNS TO DEFINE MUCH OF THE MATERIAL PALLET AND ESTABLISH A HUMAN SKILL RHYTHM TO THE FACADE.

EACH BUILDING MASS COULD BE ARTICULATED WITH VARIATIONS IN MATERIAL AND GEOMETRY THAT CAN CONTRIBUTE TO THE RIGHT SIZE FEELING OF INTIMACY ACROSS THE SITE . ALL COMPONENTS WILL TIE BACK TO A HUMBLE ROOTED A STATI THAT FEATURES MATERIALS USED AIMING TO FRAME THE AMAZING DEVELOPMENT. CAN WE HAVE SOMETHING LIKE THAT SOMEWHERE?

>> IS THAT VERBATIM? >> MAKE SURE YOU GET THE RHYTHM

DON'T LEAVE THAT OUT. >> I THINK WHAT HE'S TRYING TO GET AT IS JUST YOUR BASIC STRIPMALL. THAT'S PROBABLY WHAT WOULD GO IN. HE WANTS A LITTLE BIT MORE. BE MAKE THE CONCERN DO HAVE -- I GET WHAT YOU'RE TRYING TO DO. I'M ALSO CONCERNE IS WHAT IS THE COST ON THAT? YOU WILL HAVE TO INCENTIVIZE AN ENTIRE HOWEVER MANY ACRES THAT IS.

>> LET ME BE CLEAR. I DON'T PLAN ON INCENTIVIZING ANYONE T BUILD RETAIL AND THEY HAVE A HIGH DEMAND IN INTEREST. THAT' WHAT DEVELOPERS DO. YOU BUY TH LAND. YOU GET YOUR CRITERIA FRO

[01:05:08]

THE CITY AND YOU GO OUT AND BUILD IT. IF IT DOESN'T MAKE SENSE YOU MOVE ON SOMEPLACE ELSE. ALL I'M HOPING FOR IS THERE ARE 22 ACRES OF COMMERCIA THAT IS LOOKING AT ME IN HERE.

YOU HAVE A DEVELOPMENT WITH THE ARCHITECTURE THAT YOU SENT IS GOING TO MATCH WHAT YOU'RE DOIN ON THE SOUTH SIDE. ALL I'M PROPOSING IS THAT INSTEAD OF HAVING TWO DIFFERENT PUD WITH TWO DIFFERENT RETAIL THINGS IF WE ARE GOING TO HAVE RETAIL UP AND DOWN ED SCHMIDT WE FIGURE OUT A WAY TO MAKE THIS PUD AND ALL THE PUD IN THIS AREA BLEND TOGETHER TO WHERE PEOPLE DRIVE BY THEY DON'T NOTICE IT THIS ONE WAS DONE THREE YEARS AGO, THAT WAS A YEAR LATER, THIS IS THE FUTURE ONE. IT'S ALL CONSISTENT. IF YOU WANT TO GO NORTH I DON'T CARE. LAST YOU WANT TO DO SOMETHING THERE THAT'S WHAT I'M LOOKING FOR. I PULLED IT OUT OF A DIFFERENT THING BECAUSE IF YOU WANT TO BE

CONSISTENT -- >> MAYBE YOU DON'T WANT IT TO B CONSISTENT. MAYBE YOU DO. BUT NOT EVERYONE DOES.

>> IT WOULD BE A DIFFERENT INTERPRETATION BECAUSE IT WOULD

BE A DIFFERENT DEVELOPER. >> IT'S A DIFFERENT PURPOSE AND DIFFERENT PEOPLE INTERESTED IN COMING TO THESE DIFFERENT PLACE AND YOU HAVE A TOTALLY DIFFEREN TYPE OF RETAILER AND RESTAURANT IT WOULD BE HERE VERSUS SOMEWHERE ELSE. AGAIN, THE TYP OF DEVELOPMENT YOU'RE GOING TO GET IS GOING TO BE BASED ON HO YOU BUILD IT, WHAT'S AVAILABLE, HOW MUCH IT COSTS AND WHETHER THERE ARE INCENTIVES OR NOT. FOR ME, YOU LET THEM BUILD IT HOW THEY WANT TO BUILD IT AND YOU GET THE INTEREST TO COME IN AND BUILD THIS. WE TALK ABOUT OUR OTHER ITEMS .

>> IF THERE OKAY BUILDING IT A CERTAIN WAY WITHOUT INCENTIVES

WHY WOULD YOU BE AGAINST IT? >> WHO SAID THEY WERE?

>> NOT CURRENTLY. AS OF TODAY. TOMORROW COULD BE DIFFERENT.

>> ESPECIALLY IF YOU HAVE HIGH CONSTRUCTION COSTS.

>> I JUST WANTED TO BE CONSISTENT.

>> THE PROPERTY SOUTH -- I FORGET. WHAT IS THAT ONE CALLED? SCHMIDT CREEK. THIS ALL IS GOING TO FLOW TOGETHER LIKE THE NEIGHBORHOOD WITH THE MULTIFAMILY SOUTH -- IS THAT THE COTTAGES? THAT'S THE COTTAGES AND THEN THIS PLOT RIGHT HERE IS GOING TO BE DETACHED SINGLE-FAMILY TWO-STOR HERE AND THERE. MAYBE WE CAN GET IT TO MAYBE FLOW WITH THAT NEIGHBOR LIKE . THAT WOULD BE BETTER BET TO GET THAT DESIGN WISE TO FLOW WELL INSTEAD OF BEING RESIDENTIAL AND THEN CUT DRY COMMERCIAL. MAYBE A LITTLE SOFTER . I IMAGINE A COTTAGE

AND IT WOULD BE CUTE. >> STATEMENT THAT MAYOR SNYDER JUST READ REALLY SOUNDS MORE O A STATEMENT OF INTENT. THERE'S NOT SPECIFIC STANDARDS IN THERE I THINK THAT COULD WORK TO PU INTO THE PUD OR THE INTENT OF THE PUD. SOMETHING LIKE THAT.

THE SECOND THING WE CAN DO IS SOME SORT OF SIMILARITY STATEMENT THAT IF THE CONCERN IS THE COMMERCIAL BEING SIMILAR TO THE RESIDENTIAL WHERE THE RESIDENTIAL BEING SIMILAR TO TH ONE IN THE SOUTH WHICH I'M ASSUMING THEY WILL BE BECAUSE IT'S THE SAME DEVELOPER SOME SORT OF OBLIGATION TO BE SIMILA IN CERTAIN WAYS TO THE SCHMITZ CREEK DEVELOPMENT.

>> I THINK THAT'S MORE FEASIBLE

>> THAT'S ALL I'M LOOKING FOR. WHEN YOU DRIVE BY THERE IS THE SOUTH SECTION. THERE IS A NORTH SECTION AND YOU DON'T NECESSARILY DRIVE IN AND GO, THIS IS THE DIVIDING LINE RIGHT HERE. I CAN TELL. SOMEHOW SOMEONE GOT IT ALL TO BLEND. I

ASSUME IT WAS DESIGN CRITERIA. >> IT WOULD BE NICE FOR IT TO BLEND. COSMETICALLY, FOR ME, I THINK IT WOULD BE NICE IF IT AL BLENDED TOGETHER AND THERE WAS NO VARIATION. I'VE GOT TO IMAGINE A BUSINESS IS GOING TO COME THERE WHETHER IT LOOKS NICE. I HAVE TO IMAGINE A BUSINESS WON'T BE OH IT'S NOT PINK I'M NOT GOING TO GO THERE. I WOULD HOPE THE BUSINESS

DOESN'T DO THAT. >> ARE WE TALKING ABOUT SIMILARITY BETWEEN THE TWO RESIDENTIAL COMPONENTS?

>> WHAT I GOT OUT WAS THE RESIDENTIAL IS ALREADY KIND OF SET UP TO BE THE SAME BUT I WANT TO MAKE SURE THE COMMERCIA SECTION MATCHES THE COMMERCIAL SECTION SOUTH OF HERE. THAT PART. LET'S SAY YOU HAVE 1000 FEET OF ONE LOOK AND THEN YOU CROSS A PLANE AND ALL OF A SUDDEN YOU HAVE A COMPLETELY

[01:10:03]

DIFFERENT LOOK . MAYBE THAT'S WHAT WE WANT BUT IF ALL THE NEIGHBORHOOD LOOKS THE SAME IT DOESN'T LOOK LIKE IT WAS ALL DEVELOPED TOGETHER. HE SEEMED GOOD DEVELOPMENTS LIKE ON THE WEST SIDE OF TOWN. THERE ARE 2000 HOMES ROUGHLY THE SAME BUT A LITTLE BIT DIFFERENT. IT' GOT A CHARACTER OR CHARM AND RETAIL UP FRONT COMPLEMENTS THAT. IT'S JUST SET IN THE CENTER THAT LOOKS OUT OF PLACE THAT'S WHAT I'M PROPOSING.

>> IT WOULD BE CHALLENGING TO PUT A SIMILAR CLAUSE INTO THIS WITHOUT ALSO MODIFYING SCHMITZ CREEK BECAUSE WHAT IF THIS ONE COMES FIRST? THAT OBLIGATION I NOT IN SCHMITZ CREEK BUT I THINK SIMILARITY BETWEEN COMMERCIAL AND RESIDENTIAL WOUL

DEFINITELY BE DOABLE. >> IT'S NOT AN IMPROVEMENT PROJECT. I AGREE EVERYTHING SHOULD BLEND BETWEEN RESIDENTIA AND THAT SCHMIDT CREEK RESIDENTIAL AND THE COMMERCIAL THAT IS THIS HUGE SECTION. I THINK THAT IS MORE THAN

APPROPRIATE. >> I DIDN'T MEAN TO CONFUSE YOU

>> IF THERE IS ANYONE IN THE PUBLIC THAT WISHES TO COME SPEA WE STILL HAVE IT OPEN. I SEE NO ONE. YES. COME ON UP. STATE YOUR NAME AGAIN AND THEN SPEAK INTO THE MICROPHONE.

>> BELINDA GARCIA. I DON'T KNO IF YOU GUYS CAN FIX THIS PROBLEM. I'M A LITTLE FRUSTRATED WITH ALL THESE HAMBURGER PLACES COMING INTO TOWN. BRING SOMETHING ELSE IN HERE . IT'S RIDICULOUS. IT'S HARD TO FIND A HEALTHY PLACE TO EAT. I HAVE TO GO TO AUSTIN TO FIND A HEALTHY PLACE TO EAT.

THIS IS GETTING CRAZY. CAN WE HAVE SOME OTHER PEOPLE COME IN

HERE AND OPEN A RESTAURANT? >> THANK YOU.

>> ANY OTHER DISCUSSION FROM COUNSEL?

>> WOULD Y'ALL BE AMENDING IT TO CHANGE THE HOURS?

>> WE HAVE THIS LIST OF THINGS.

>> I FORGOT SOMETHING. I WILL CLOSE THE PUBLIC HEARING AT 8:13. YOU CAN MAKE A MOTION. THROW ANYTHING YOU WANT FROM PINK BUILDINGS DOWN TO WHATEVER .

>> I MAKE A MOTION TO APPROVE ORDINANCE NUMBER O-2023-030 AND AMENDING TO CHANGE THE LIGHTING HOURS TO 7 A.M. TO 1 P.M. AND MAINTAINING -- SHUTTING OFF 50% AFTER 10 .

>> THEY MAY ASK FOR THAT TO BE REMOVED. PNC RECOMMENDED TO SHUT OFF HALF AND THE DIM HALF. THEY'RE ASKING US TO NOT DO

THAT. >> I'M OKAY WITH THAT AS WELL.

I WOULD LIKE FOR MY LIMIT TO B 7 A.M. TO 10 P.M. THE HOURS

THAT THE LIGHTS -- >> 10 P.M. TO 7 A.M. SORRY.

>> DIMMING THE LIGHTS. >> I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT. WE HAVE LANGUAGE ADDED TO TRY TO GET TH RESIDENTIAL TO COMMERCIAL MATCH THE DESIGN .

>> MATCHING WITH WHICH ONE? >> UPPER SCHMIDT .

>> COMMERCIAL HAS TO COMPLEMENT THE RESIDENTIAL.

>> DON'T HAVE COMPLETELY MODER METAL BUILDINGS.

>> THIS IS UPPER SCHMIDTS CREEK THIS ONE TO MATCH WITH --

>> NO. >> THEY ARE GOING TO INTERNALLY MATCH ACROSS THE SAME DEVELOPER

>> THE ONE NORTH? >> THE IDEA IS THIS RETAIL IS

[01:15:07]

HARMONIOUS WITH THE DEVELOPMENT DIRECTLY TO THE EAS OF IT. WE ARE NOT TALKING ABOUT THE SOUTH.

>> I THOUGHT THAT'S WHAT THEY WERE DOING ANYWAY. OKAY. I'M

GOOD WITH THAT. >> CAN I MAKE A FRIENDLY AMENDMENT TO HAVE NO OUTDOOR SEATING FOR PARCEL SEVEN?

>> CAN WE CLARIFY -- NO OUTDOOR SEATING ON THE EAST SIDE ? CAN THEY DO THE WEST SIDE?

>> NO. NO I'M KIDDING. I'M GOO WITH THAT. ON THE EAST SIDE.

>> I WOULD SAY NO OUTSIDE MUSIC FOR PARCEL SEVEN.

>> THAT'S NOT A FRIENDLY AMENDMENT. THE MOTION IS TO APPROVE THE ORDINANCE O-2023-030 AS PRESENTED WITH THE LIGHTING BEING DIMMED FROM 10 P.M. TO 7 A.M.. THE RESIDENTIAL AND COMMERCIAL TO BE COMPATIBLE .

>> I'M OKAY WITH THOSE. I REQUEST THAT COUNCILMEMBER

RESTATES HIS AMENDMENT. >> HE WILL DO HIS OWN SEPARATE THAT WAY WE CAN DISCUSS IT. IF YOU'D LIKE TO MAKE AN AMENDMENT AMENDMENT TO PARCEL SEVEN IF IT IS A RESTAURANT TO HAVING NO OUTDOOR SEATING OR SOUND ON TH EAST SIDE OF PARCEL SEVEN.

>> I'M GOOD WITH THAT. >> I'M GOOD AS A FRIENDLY

AMENDMENT. >> IF HE MAKES AN AMENDMENT AND THE MAKER OF THE MOTION YOU ARE OKAY WITH THAT YOU DON'T HAVE

TO DO A SEPARATE VOTE. >> I'M TRYING TO FIND OUT IF YO GUYS BOTH AGREE. YOU GUYS ARE BOTH OKAY? LET'S ADD IT IN. NO OUTDOOR SEATING OR MUSIC ON TH EAST SIDE OF PARCEL SEVEN.

>> THANK YOU. ANY DISCUSSION O THE MOTION?

>> YOU MAKE IT VERY HARD FOR SOMEONE TO DEVELOP PARCEL SEVEN BY HAVING SOMETHING THAT CAN'T BE ON THE EAST SIDE. IT'S BETTE TO SAY NO OUTDOOR SEATING BECAUSE THAT'S EASY. YOU START SAME EASTSIDE AND SOMEONE PUT IT ON THE SOUTH SIDE BUT IT'S REALLY NOT THE EASTSIDE. THE IDEA IS IF YOU DON'T WANT THE NEIGHBORHOOD IMPACT DID IT WOULD BE BETTER TO JUST HAVE BLACK AND WHITE NO OUTDOOR SEATING OR MUSIC THAT WAY NO ON IS PLAYING GAMES. OTHERWISE A DEVELOPER WILL COME UP AND HAV

IT ALL THE WAY -- >> I LIKE THAT. HELP ME OUT. I THAT MAKING AN AMENDMENT TO MY AMENDMENT?

>> THEY TOOK IT. IT WAS FRIENDLY.

>> WHY DID WE DO DISCUSSION? >> I APPRECIATE YOUR FEEDBACK.

IS BUT THAT'S THE INTENT. YOU SHOULD JUST SAY NO OUTDOOR.

>> CAN I MAKE AN AMENDMENT TO M AMENDMENT RUSTY MARK .

>> RESTATE WHAT YOU WOULD LIKE TO DO.

>> FOR PARTIAL SEVEN NO OUTDOO SEATING ON PARCEL SEVEN AND NO OUTDOOR MUSIC ON PARCEL SEVEN.

>> THE MOTION WE HAVE IS APPROVING O-2023-030 AS PRESENTED WITH THE STIPULATION THAT PARCEL SEVEN SHALL HAVE NO OUTDOOR SEATING OR MUSIC, LIGHTING WILL BE AT MID FROM 1 P.M. TO 7 A.M. NO MORE THAN 50% . WHAT WAS THE OTHER ONE?

>> COMMERCIAL WILL BE COMPATIBLE WITH RESIDENTIAL.

>> THAT IS WHERE WE ARE AT. AN OTHER DISCUSSION? ALL RIGHT.

HEARING NONE. CALL THE VOTE. >> COUNCILMEMBER THOMPSON.

COUNCILMEMBER KINSEY. SNYDER. GORDON. COUNCILMEMBER CLARK.

COUNCILMEMBER GORDON. >> MOTION PASSES. 7-0. DID YO

[6. CITY MANAGER COMMENTS (Part 2 of 2)]

[01:20:09]

WANT TO GO BACK AND DO SOMETHING?

>> I WOULD LIKE TO HAVE AN ALIBI. SO, EARLIER I INTRODUCE OUR NEW EMPLOYEES BUT I FORGOT A GROUP THAT I GUESS WAS ON TH PAGE THAT DIDN'T GET STAPLED ONTO MY COMMENTS WILL HAVE BEE SITTING BACK THERE PATIENTLY LEARNING ABOUT DEVELOPMENT STANDARDS. SO, I WOULD LIKE TO INTRODUCE THIS NEXT GROUP. IT'S OUR THREE NEWEST OFFICERS WHO HAVE COMPLETED THE ACADEMY.

THEY WILL SOON BE TAKEN THEIR OFFICE AND HAVING THEIR FAMILY PINNING CEREMONY SO WE WILL BE ARRANGING THAT BUT I WANT TO INTRODUCE THEM TO THE COUNCIL AND TO THE PUBLIC. IF YOU THREE WOULD COME UP AS I CALL YOUR NAME. RONNIE GONZALES. CONNOR BLOOR.

THESE ARE THE NEWEST OFFICERS. WE ARE PROUD THAT YOU ALL HAVE REPRESENTED HOW DO WELL AT THE POLICE ACADEMY. WE ARE EXCITED TO HAVE YOU ON BOARD AND LOOK FORWARD TO THE SWEARING IN CEREMONY AND ALL THE GOOD STUFF THAT GOES. TWO GREAT JOBS AND

ALL THAT. >> THANK YOU.

>> IF THE CITY MANAGERS CAR IS TOWED FOR BEING ILLEGALLY PARKE

[8.4. Consideration and possible action on Resolution No. R-2023-125, approving the municipal services agreement for the proposed annexation of the Schmidt Fields tract, 46.778 Acres, more or less of land located along Ed Schmidt Blvd west of Emory Crossing. (Ashley Bailey)]

YOU GUYS ARE PROTECTED. NEXT W HAVE ITEM 8.4. CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R-2023-125 FOR THE PROPOSED ANNEXATION OF THE SCHMIDT FIELDS TRACT 46.77 ACRES LOCATED ALONG ED SCHMIDT BOULEVARD WEST OF EMORY

CROSSING. >> GOOD EVENING. THIS IS FOR THE MUNICIPAL SERVICES AGREEMEN FOR THE SCHMIDT TRACT. THIS IS A NORTH EAST CORNER OF LIMERIC OTHER NINE KNOWN AS ED SCHMIDT. THIS DOES HAVE A LITTLE BIT RELATED TO IT. THE SERVICE EXTENSION IS IN YOUR PACKET THAT WAS APPROVED IS SLIGHTLY DIFFERENT BECAUSE IT WAS VERY MUCH LARGER AREA THAT ACTUALLY INCORPORATED THAT CTC AND REDEVELOPMENT TO THE NORTH.

THEY HAD REVISED THEIR PORTION OUT. WHAT YOU WILL SEE IN YOUR SERVICE EXTENSION REQUEST IN THEIR AND IN THAT MSA IS LANGUAGE IN THE AGREEMENT THAT IS APPROVED AS INDICATED WITH THE CTC. THEY WILL LIKELY BE AMENDING THAT WAY BOTH OF THOSE FLOAT TOGETHER BUT WE DIDN'T WANT THEM TO BE SOLELY RESPONSIBLE FOR THE WHOLE TRACK AND CDC IS ALREADY RESPONSIBLE FOR THEIRS. I KNOW THE DEVELOPER REPRESENTATIVE IS HERE AS WELL IF YOU HAVE QUESTIONS.

>> ANYTHING FROM COUNSEL? >> I MOVED TO APPROVE ITEM 8.4

IS PRESENTED. >> YOU SAID SOMETHING ABOUT CLARIFICATION? OKAY. ANY DISCUSSION ON THE MOTION ON THE ITEM? HEARING NONE. PLEASE CAL THE VOTE.

>> COUNCILMEMBER CLARK. MAYOR GORDON . COUNCILMEMBER THOMPSON COUNCILMEMBER KOHLER. COUNCILMEMBER KINSEY.

COUNCILMEMBER THORNTON. >> MOTION PASSES 7-0. NEXT YOU

[8.5. Conduct a public hearing and possible action on Ordinance No. O-2023-031 for the Planned Unit Development (PUD) zoning ordinance request for the property known as Schmidt Fields Planned Unit Development (PUD), 46.778 acres, more or less, of land, located on CR 119 (First Reading)(Ashley Bailey)]

HAVE ITEM 8.5. CONDUCT A PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE NUMBER O-2023-031 FOR THE PLANNED UNIT DEVELOPMEN ORDINANCE REQUEST FOR THE PROPERTY KNOWN AS SCHMIDT FIELD PLANNED UNIT DEVELOPMENT 46.778 ACRES MORE OR LESS OF

LAND LOCATED ON CR 119. >> THIS IS THE FIRST READING OF THE DEVELOPMENT ORDINANCE . THE SURROUNDING USES ARE SINGLE-FAMILY NEIGHBORHOODS EXCEPT FOR THE CTC EMORY AS PREVIOUSLY DISCUSSED WHICH IS THE SINGLE-FAMILY RED PROJECT THAT WAS APPROVED JUST A FEW WEEKS AGO BY STATE COUNSEL.

THERE IS A MAXIMUM DENSITY . THERE WILL BE A MINIMUM OF ONE AND TWO BEDROOMS. THIS PROJECT IS A SUBSTANTIAL COMPLIANCE

[01:25:04]

WITH THE DESIGNATION OF THE COMMUNITY ACTIVITY CENTER MAINL BECAUSE ON THIS MAP YOU CAN SEE THEY ARE DOING THE MULTIFAMILY BUT THEY ARE ALSO INCORPORATING SOME OF THE COMMERCIAL TO THE SOUTH AND THAT WILL BE A WALKABLE COMMERCIAL AREA SO YOU WILL BE ABLE TO FLOW THROUGH TH SITE. THAT ALSO MEANS PART OF THIS WILL BE WALKABLE FOR THE ADJACENT RESIDENCE AS WELL. IT DOES MODIFY CERTAIN CODES TO ALLOW FOR RESIDENTIAL DEVELOPMENT AND SOME OF THIS I REALLY JUST BECAUSE THEY ALSO HAVE A RATHER LARGE ON-SITE AS WELL. IT WILL BE INCREASED BUFFERS AND SETBACKS TO THE ADJACENT SINGLE-FAMILY USES.

YOU HAVE THE NORTHERN PORTION O HUTTO SQUARE DIRECTLY ADJACENT TO THIS AS WELL. THERE IS ALSO ANOTHER STREET THAT WILL BE CONNECTED OVER TO ED SCHMIDT PROVIDING FOR ADDITIONAL TWO - WITH THAT HE WILL SEE THE THRE PHASES. YOU HAVE PHASE ONE APPEAR WITH TWO BUILDINGS. YOU HAVE THE SECOND PHASE AND THIRD PHASE WITH THAT ADJOINING ROAD THROUGH. THIS IS A MOCKUP OF WHAT THOSE BUILDINGS COULD LOOK LIKE. IT'S IMPORTANT TO NOTE THAT WHILE THIS ONE IS FOR STORIES THE AREA INSIDE HAS AN 85 FOOT SETBACK THAT CAN PROPOSE BUILDINGS IN THE EXISTING RESIDENTIAL AND NOTHING BIGGER THAN TWO STORIES WITH HUNDRED 25 FEET OF SINGLE-FAMILY PROPERTIES. YOU WILL HAVE A MUCH GREATER SETBAC DIRECTLY ADJACENT TO THE EXISTING RESIDENTIAL. THE BROOKSIDE STREET WILL EXTEND TO ED SCHMIDT SO WE WILL AGAIN BE LOOKING AT OUR STREET NAMING CONVENTIONS TO MAKE SURE THEY DON'T REQUIRE AN EXISTING RESIDENT TO CHANGE THEIR ADDRES BUT THAT WE ARE ALSO TRYING TO GET THOSE AS THEY LINE UP AS THEY HAVE THE NAME ACROSS THE ENTIRE STREET. WE HAVE THE DEVELOPERS HERE IF YOU HAVE

QUESTIONS. >> THANK YOU. IF THERE IS NO OBJECTIVES WE WILL OPEN UP PUBLIC HEARING AT 8:27 P.M. AND ASK THAT ANYONE FROM THE PUBLIC THAT WISHES TO SPEAK FEEL FREE TO COME UP AND SPEAK NOW. SEE NO ONE WE WILL CLOSE THE PUBLIC HEARING AT 8:27 AND OPENED FOR DISCUSSION FROM COUNSEL .

>> WAS THEIR PRESENTATION ON THIS TOO? THANK YOU FOR YOUR TIME THIS EVENING. IN FRONT OF YOU TONIGH WITH A COMBINATION OF AN ANNEXATION AND A PUD REZONING.

THIS IS FOR PROPERTY ON ED SCHMIDT. THIS IS A LOCATION MAP IT'S ON THE NORTHEAST CORNER OF 01 19 AND LIMMER LOOP A LITTLE NORTH OF LIMMER LOOP. THE CURRENT ZONING THERE IS NO ZONING. WE ARE CURRENTLY PROPOSING TO ANNEX INTO THE CITY WHICH COMES WITH ALL THE BENEFITS OF TAX GENERATING DEVELOPMENT TO GO INTO THE CITY AND ALSO THE DEVELOPMENT STANDARDS THAT ARE IN THE UDC WILL THEN BE APPLICABLE TO THIS PROPERTY AS WELL. THE FUTURE LAND USE IS CURRENTLY A COMMUNITY ACTIVITY CENTER WHIC CALLS FOR A COMBINATION OF TENS RESIDENTIAL DEVELOPMENT AND COMMERCIAL DEVELOPMENT . THE PROPOSED PUD COMPLIES WITH TH CURRENT FUTURE DESIGNATION PROPOSING MULTIFAMILY AT THE BASE ZONING DISTRICT TO THE NORTH AND BLUE AND THEN A FIVE ACRE TRACT TO THE SOUTH TO HOPEFULLY ONE DAY BE COMBINED WITH ANOTHER 25 ACRE COMMERCIAL TRACK RIGHT AT THE CORNER OF LIMMER LOOP AND ED SCHMIDT CREATING A 25 ACRE COMMERCIAL TRAP FOR SUBSTANTIAL COMMERCIA OPPORTUNITY THERE. SOME OF THE DETAILS . YOU WILL SEE IT'S BROKEN OUT INTO THREE SEPARATE PHASES. IN THE PUD WE HAVE INQUIRED THOSE BE SPREAD OUT OVER A LONG PERIOD OF TIME. IT WILL TAKE SEVERAL YEARS FOR ALL OF THAT WAY UTILITY INFRASTRUCTURE TRANSPORTATION INFRASTRUCTURE CAN ALL SLOWLY COME ONLINE AS THIS DEVELOPMENT COMES ONLINE A WELL. WE ARE DOING A ROADWAY EXTENSION HERE. I BELIEVE THAT WILL BE A FULL PUBLIC RIGHT-OF-WAY THAT WILL BE DEDICATED TO THE CITY AND BE CONSTRUCTED BY THE DEVELOPER.

[01:30:03]

WE INCLUDED STREET TREES ALONG THE NEW ROADWAYS SO IT WILL BE NICE TREE-LINED STREET. WE HAV INCREASED THE COMPATIBILITY I WILL TALK ABOUT IN A LITTLE BIT AND ALSO INCLUDED SOME ENHANCED ARCHITECTURAL FEATURES . SOME O THOSE INCLUDE REQUIREMENTS.

THERE ARE BALCONY REQUIREMENTS CERTAIN ARTICULATION REQUIREMENTS AND THEN TO ALSO REQUIRE SOME COHESIVE DESIGN AMONG THE THREE PHASES. THIS I A RENDERING THAT IS ATTACHED TO THE PUD AS AN EXHIBIT THAT SHOWS THE RENDERING FOR THE FIRST PHASE. ALL SUBSEQUENT PHASES WE WERE TRYING TO WALK THE LINE BETWEEN THE MAIN COMPLEMENTARY BUT NOT BEING THE EXACT SAME. WE PUT SOME LANGUAG IN THE PUD TO THAT END. TO THAT END ALL PHASES HAVE TO HAVE THE SAME COLOR PALETTE BU EACH PHASE WILL HAVE A DIFFEREN PRIMARY COLOR. ALSO SOME SIMILAR ARCHITECTURE FEATURES A WELL. WE HAD CONVERSATIONS AN MEETINGS WITH THE NEIGHBORHOOD AND HAVE COME UP WITH SOME DEVELOPMENT STANDARDS TO REFLECT THE CONCERNS WE HEARD.

THE PRIMARY COMPONENT IS THE SETBACKS. CURRENTLY WE ARE PROPOSING TO INCREASE THE SETBACK BUILDING SETBACK FROM 20 FEET TO 85 FEET. THE SETBAC LINE IS THERE. THERE WILL BE N BUILDINGS WITH THE EXCEPTION OF MAYBE A COVERED GARAGE WITHIN THAT 85 FEET. WITHIN 125 FEET ALL OF THOSE BUILDINGS WILL HAVE TO BE TWO STORIES OR 35 FEET IN HEIGHT MAXIMUM. THE GOA WAS TO MIRROR THE DEVELOPMENT STANDARDS OF THE ADJACENT PROPERTY AS WELL. WE DID HAVE LANDSCAPE ARCHITECT TO SIGHTLINES FOR ALL THE PHASES S WE CAN GET AN IDEA OF WHAT THE SITE LINE WOULD BE WITH THE TREES , FENCING AND SPACES. THI IS AN EXAMPLE OF THAT. THIS IS AMASSING THAT SHOWS THIS CONCEP PLAN THE BUILDINGS THAT ARE IN YELLOW WOULD BE LIMITED TO TWO STORIES IN HEIGHT. THE NEXT TOPIC I WOULD LIKE TO TALK ABOU IS THIS PROPOSED TRAIL . IT'S KIND OF HARD TO SEE BUT THIS I A PROPOSED PUBLIC TRAIL THAT EXTENDS FROM THE BROOKSIDE PUBLIC RIGHT-OF-WAY ALL THE WAY TO THE NORTH EDGE OF THIS PROPERTY. THIS IS A PROPOSED 1 FOOT TRAIL . IT WILL BE ENCUMBERED IN A PUBLIC ACCESS EASEMENT. THAT IS SO THE RESIDENCE OF HUTTO TOWNSQUARE AND ALSO THE RESIDENCE OF THIS COMMUNITY AND ANY USING THIS RIGHT-OF-WAY CAN HAVE RIGHTS T ACCESS THIS TRAIL. THIS ENDS I THE PARK WHICH WAS RECENTLY APPROVED AT THE PUD TO THE NORTH. A LITTLE REFRESHER THIS IS THE CTC AND EMORY CROSSING I GREEN UP THERE. ASSOCIATED WIT THAT PUD WAS A 20 ACRE PARK THAT WILL BE DEDICATED TO THE CITY AND WILL ALSO BE BUILDING A PART OF THE MASTER TRAIL AS WELL. THIS IS THE CTC AND EMOR CROSSING PUD. I WANTED TO BRING THIS BACK TO SHOW THE LOCATION OF THE PARK. THIS IS THE TRAIL THAT CONNECTS TO EMORY CROSSING AND THIS NEIGHBORHOOD TO THE EAST. THE SCHMIDT FIELDS BUT ENDS HERE SO THAT WILL STEP OU TO THIS PARK AS WELL. PREVIOUSLY WHEN WE WERE EVALUATING THIS PARK AND HOW MANY WILL BE ABLE TO USE IT IT WAS A LITTLE OVER 2400 HOMES THAT WOULD BE ABLE TO ACCESS THIS PARK VIA TRAIL TO BE ABLE TO USE THE AMENITIES AND REALLY CREATE A TALE THAT WORKED. WIT HUTTO TOWNSQUARE IN OUR COMMUNITY WHERE EXPECTING ANOTHER 1000 HOMES TO BE ABLE T ACCESS THE PARK TRAIL. THIS IS A PHASE SHOWING THE LOCATION O PROPOSED GATES. WE HAVE PUT INTO THE POT THAT EACH PHASE ON AND PHASE TWO WILL HAVE GATES ACCESSING IT ON EACH SIDE SO THEY DON'T HAVE TO SECURE AS THEY GO DOWN AND BACKUP. WE DI GO TO PLANNING COMMISSION. IT WAS RECOMMENDED FOR APPROVAL WITH THE FOLLOWING CONDITIONS. THEY REQUESTED THERE BE A PRIVACY FENCE ALONG PHASE THREE ON THE EASTERN PORTION. WE INCORPORATED THAT IN PRIMARILY BECAUSE THERE IS PARKING THERE SO HEADLIGHTS SORT OF SHINING THROUGH THE FENCE WAS A CONCERN WE AGREED TO PUT ANOTHER FENCE THERE. THAT IS INCLUDED AND ALSO THE TREES THAT WILL BE PLANTED IN THE BUFFER ZONE AS WELL. A 10 FOOT TRAIL EXTENSIO -- SORRY. A 10 FOOT TRAIL ON

[01:35:09]

THE WESTERN SIDE OF PHASE THREE AS WELL HOPEFULLY TO ONE DAY CONNECT COMMERCIAL TO THE SOUTH PREVIOUSLY WE HAD LIMITED THE HEIGHT OF THESE BUILDINGS TO TW STORIES BUT IT WAS FURTHER CLARIFIED TO LIMIT THEM TO 35 FEET. WE INCREASED THE HEIGHT HEDGE REQUIREMENT FROM THREE FEET TO FOUR FEET. THAT'S MY PRESENTATION. I'M AVAILABLE FOR ANY QUESTIONS.

>> THE ONLY QUESTION I HAD IS ALSO GOING TO BE FULL MARKET RATE RENTALS? IT'S NOT GOING OUT FOR GOVERNMENTAL?

>> I HAD A CLARIFICATION QUESTION . ON THE LAST ONE WE HAD A SEPARATE ITEM FOR ANNEXATION AND THEN WE CHANGE THE ZONING . WE DO THAT ON ONE STEP HERE IS THIS ONE?

>> WE HAD CHANGED THE AGENDA BACK IN APRIL. WE CHANGE THE INTERNAL PROCESS OF HOW WE ARE RUNNING ANNEXATIONS BECAUSE RESOLUTIONS WERE COMING AFTER ORDINANCES. NOW THAT MAY NOT B NECESSARY MOVING FORWARD. WHAT YOU WILL SEE IS THE MSA TONIGHT AND THEN THE FIRST READING OF THE PLANT DEVELOPMENT AND ON THE NEXT AGENDA YOU'LL HAVE AN ORDINANCE FOR ANNEXATION . WHE

THE AGENDA CHANGED -- >> I DIDN'T HAVE A QUESTION BU I WANTED TO THANK AMANDA FOR SPENDING THE TIME AND HER TEAM COMING BECAUSE THIS IS MY SUBDIVISION. I KNOW A LOT OF PEOPLE AND A LOT OF PEOPLE KNOW I'M ON COUNSEL SO THEY INVITED ME TO COME AND ATTEND THE BRIEFINGS AND HEAR THE PRESENTATIONS. A LOT OF QUESTIONS WERE ANSWERED . OUR CONCERNS WERE HEARD . AMANDA AN HER TEAM WILL MAKE SOME PRETTY GOOD MODIFICATIONS BASED ON RESIDENT FEEDBACK . I KNOW

THAT'S APPRECIATED. >> ANYTHING ELSE?

>> I WILL MAKE A MOTION TO APPROVE AS PRESENTED.

>> APPROVING A .5 IS PRESENTED ANY OTHER DISCUSSION? HEARING

NONE. PLEASE CALL THE VOTE. >> COUNCILMEMBER GORDON.

COUNCILMEMBER CLARK. COUNCILMEMBER KOHLER.

COUNCILMEMBER GORDON. MAYOR SNYDER. COUNCILMEMBER KINSEY.

COUNCILMEMBER THOMPSON. >> MOTION PASSES 7-0. NEXT WE

[9.1. Monthly Capital Improvement Projects Update Presentation (Matt Rector)]

HAVE ITEM 9.1. MONTHLY CAPITAL IMPROVEMENT PROJECTS UPDATE

PRESENTATION. >> GOOD EVENING. FOR THE RECORD, MATT RECTOR. CITY ENGINEER. SO, OUR MONTHLY CIP UPDATES . WE WILL GET IT GOING. I DID NOT INCLUDE THE ONE THA WE JUST BROKE GROUND ON YESTERDAY. I FIGURED EVERYBODY KNEW THAT ONE. IT'S IN HERE BUT IT'S NOT WHEN WE ARE UPDATING TONIGHT. THE FIRST ONE IS 1660 SOUTH 79. I WANT TO KEEP EVERYBODY UP TO SPEED ON WHERE WE ARE. 95% PLANS ARE IN REVIEW RIGHT NOW WITH US AND WITH TXDOT. WE HAVE ONE SIMPLE PARCEL THAT IS STILL GOING THROUGH THE CLOSING PROCESS.

THE NEXT THING IS GOING TO BE PREPARE THE 100% PLANS AND WE ARE 90% , WELL 95 PERCENT COMPLETE ON DESIGN. NO UPDATES ON FINANCES ON THIS ONE YET. W SAW THIS ONE AT THE LAST COUNCI MEETING IN MAY. WE HAVE THE PUBLIC MEETING IN APRIL. WE PRESENTED IT TO THIS GROUP IN MAY. WE GOT DIRECTION TO MOVE FORWARD WITH THE ROUNDABOUT. W ARE PUSHING FORWARD WITH 60% DESIGN ON THAT AND WE ARE ALSO HAVING ONGOING CONVERSATION

[01:40:03]

WITH TXDOT TO MAKE SURE THEY AR ON BOARD WITH THE ROUNDABOUT OPTION. THEY HAVE ASKED FOR SOME TRAFFIC MODELS AND ALL THAT STUFF. WE ARE HAVING THOS CONVERSATIONS TRYING TO CONVINC THAT ROUNDABOUTS ARE NOT OF TH DEVIL AND THEY CAN WORK. WE HAVE FINAL PLANS. THIS ONE IS GOING OUT TO BID STARTING THIS SUNDAY. ALL OF THOSE ARE GOOD. YOU KNOW I CAN'T COME IN HERE WITHOUT GIVING YOU SOME BAD NEWS. SHILOH PUMP STATION. THI ONE IS IN CONSTRUCTION. WE AWARDED THE CONSTRUCTION IN EARLY JANUARY. I THINK IT WAS MY FIRST COUNCIL MEETING BACK.

UNFORTUNATELY WE DO NOT OWN AL THE LAND WHERE WE ARE PROPOSIN TO BUILD THINGS. WE ARE GOING THROUGH THAT PROCESS OF TRYING TO NEGOTIATE ACQUISITION OF TH ADDITIONAL LAND THAT IS NEEDED.

THAT'S KIND OF DELAYING THE CONTRACTOR. THIS ONE IS PROBABLY GOING TO GET SOME SORT OF CONSTRUCTION DELAYS AND POTENTIAL THAT THERE COULD BE SOME COST IMPLICATIONS COMING .

WE ARE TALKING THROUGH THAT WIT THE CONTRACTOR AT THIS POINT.

>> WE ENCROACHED ON SOMEONE ELSE'S LAND AND STARTED

CONSTRUCTION? >> WE HAVEN'T STARTED. I TOLD THEM NOT TO GO ON TO PROPERTY WE DON'T OWN OR HAVE RIGHTS TOO THE PUBLIC WORKS DIRECTOR HAS BEEN WORKING WITH THE LANDOWNER TO LET HIM KNOW WHAT WE ARE DOING OUT THERE AND IF THERE I ANY TIME THE CONTRACTOR NEEDS T GET ON HIS LAND RICK HAS BEEN IN CONVERSATION WITH THAT LANDOWNER LETTING HIM KNOW WHAT WE ARE DOING AND MAKING SURE IT'S OKAY BEFORE WE DRIVE ACROS ANYTHING . WE HAVE NOT STARTED ANY CONSTRUCTION ON HIS

PROPERTY. >> BUT WE DESIGNED IT ON SOMEON ELSE'S PROPERTY? WHO WAS THE CITY PERSON WHO DID THAT WAS TO MARK CAN YOU IMAGINE THE LANDOWNER SITTING BACK AND GOIN YOU GUYS COMPLETELY ENGINEERED SOMETHING. WE TALKED ABOUT LEVERAGE. IS THIS ANOTHER ISSUE WITH THE CITY ENGINEER ? WHAT

HAPPENED? >> I ASKED THIS QUESTION TODAY BECAUSE I FIGURED IT WOULD COME UP. FINDING OUT THE HISTORY ON THIS THE PROJECT WAS STARTED I LATE 2019 OR EARLY 2020. THE CITY ENGINEER AT THE TIME WAS AWARE THE DESIGN WAS HAPPENING AND WE WOULD NEED TO GET ADDITIONAL LAND. I DON'T KNOW EXACTLY WHEN THAT CITY ENGINEER LEFT. THEY MADE SURE THAT THE ENGINEER WAS AWARE AND THEN WHEN HE WAS REPLACED THE NEXT PERSON IN LINE MADE SURE THAT PERSON WAS AWARE. THE CONVERSATION STARTS AND CONVERSATIONS FADE AND MY UNDERSTANDING IS THEY BROUGHT I UP WITH WADE AND WAYNE LAST YEAR SO THAT WAS IN NOVEMBER BELIEVE AND SO I DON'T WANT T STILL YOUR THUNDER . HE ACTUALLY REACHED OUT TO THE LANDOWNER AND STARTED THE CONVERSATION. WHEN I CAME IN W AWARDED THE PROJECT AND I DIDN'T FINISH THOSE CONVERSATIONS BEFORE WE AWARDE THE PROJECT BECAUSE I DIDN'T KNOW ABOUT IT UNTIL AFTER. NOW THAT RICK AND I ARE WORKING ON IT WE ARE TRYING TO GET IT RESOLVED. THERE HAS BEEN A LOT OF TURNOVER IN THE ENGINEERING DEPARTMENT AND PUBLIC WORKS DEPARTMENT WHICH IS WHY THE CONVERSATION STARTED AND

STOPPED. >> THE CITY MANAGER KNEW ABOUT IT IN NOVEMBER AND WE ENDED UP AWARDING THE PROJECT.

>> I DID KNOW ABOUT IT. I THOUGHT WHENEVER DCS APPROVED THIS PROJECT TO GO FORWARD TO CONSTRUCTION THAT IT WAS RESOLVED. WE USE CONTRACTORS. THEY ALL ARE TALKING TO EACH OTHER. THE BREAKDOWN IN COMMUNICATION. THIS DOES LEAD WITH ME BECAUSE I DID KNOW THIS WAS NEEDED. IT'S NOT ON MATT'S PLATE BUT AT THE SAME TIME THE PROPERTY OWNER WAS VERY WILLIN TO WORK WITH US AND THE ISSUE HE RAISED WAS THAT WE WERE POTENTIALLY DRIVING OVER WATERLINES HE HAD INSTALLED ON HIS PROPERTY TO ACCESS THE SITE THE FIRST I LEARNED WE DIDN'T ACTUALLY GET ALL THE WAY THROUG HER CARE MEANT OF ANY ADDITIONA LAND WAS WHEN I TALKED TO HIM ON THE PHONE A FEW WEEKS AGO.

>> SO HOW MUCH LAND IS NEEDED TO BE ACQUIRED? IF WE DO THIS

PROJECT? >> WE MEASURED IT OUT TODAY.

[01:45:02]

IT'S ROUGHLY ABOUT 3.8 ACRES. JUST UNDER FOUR ACRES. WE HAVE LEASED SOME OF THE LAND. WE ALREADY HAVE PUMP STATIONS THERE. THE PROBLEM IS THAT WE ARE ADDING MORE PUMP STATIONS AND ADDING ANOTHER BUILDING WHICH MEANS WE DON'T HAVE ENOUG ROOM ON THE LAND WE ARE CURRENTLY LEASING. I DON'T KNO AT WHAT POINT THE DECISION WAS MADE TO PURCHASE THE LAND VERSU JUST ADDING TO MORE LEASE. IT MAKES SENSE TO JUST PURCHASE IT RATHER THAN KEEP LEASING IT FROM HIM FOREVER. THAT'S WHAT WE ARE TRYING TO DO. PURCHASE THOSE THREE POINT EIGHT ACRES

FROM HIM. >> HOW DO YOU KNOW IT MAKE SENSE? TO ME, I CAN'T MAKE THE DECISION. IT MAKES SENSE BECAUSE THE GUY MAY SAY YOU GUY SCREW THIS UP ALL THE TIME . FO 50 GRAND A YEAR YOU CAN KEEP GOING. IF YOU WANT TO BUY IT WILL COST YOU 8.5 MILLION. LEASING MAKES MORE SENSE TO ME UNLESS YOU GUYS GOT 8.5 MILLION.

>> THE FINANCIALS DEFINITELY PLAY INTO IT. WHENEVER WE SPOKE HE IS NOT SET ON IT HAVING TO BE ONE WAY OR THE OTHER. WE WILL HAVE BOTH NUMBERS TO BE ABLE TO DETERMINE THAT THE ISSU IS NOW WE HAVE TO GET THE NEGOTIATION DONE THAT I THOUGH WAS ALREADY SQUARED AWAY BECAUS WE ARE MOVING FORWARD WITH THE

CONSTRUCTION. >> SOMEONE SWEATED WHEN THAT INFORMATION CAME ACROSS I'M SURE.

>> WE HAVE DONE A CLOSED-LOOP ACTION. HAD WE NOT DO THIS AGAIN? WHAT ARE THE CHECKPOINTS ?

>> A LOT OF THE CRACKS IN THE SYSTEM THAT YOU SEE ARE EFFECTIVE STAFF TURNOVER. STRAIGHT UP. IN THIS PARTICULA CASE I DO HAVE TO RELY ON OTHE PEOPLE TO MAKE SURE THAT THE DUCKS ARE IN A ROW BEFORE MOVIN FORWARD. I DIDN'T GO AND SAY WHERE ARE WE AT ON THE LAND ACQUISITION? WHEN I SAW THE CONSTRUCTION DOCUMENTS COMING FORWARD WITH READY TO GO TO CONSTRUCTION THAT WAS GOOD ENOUGH TO ME IF I GOT THE CHECK BOXES THAN I WAS GOOD. I DIDN' ASK THE QUESTION MYSELF. IN THI CASE I AM AT FAULT WHERE THAN ANYBODY REALLY BECAUSE I DIDN'T ASK. THE MORE PEOPLE THAT KNOW ABOUT THE PROJECTS THE MORE INSTITUTIONAL KNOWLEDGE WE MAINTAIN THE LESS THESE TYPES O

THINGS ARE LIABLE TO HAPPEN. >> NOW I HAVE TO SAY SOMETHING.

IT DOESN'T MAKE SENSE TO ME BECAUSE WHAT I'M HEARING IS IT' LESS LIABLE TO HAPPEN AGAIN AND WE HAVE TO FIGURE OUT A WAY WHERE IT IS NEVER GOING TO HAPPEN AGAIN. I THINK SOMEONE ALWAYS HAS TO BE THE PERSON THA GOES I DON'T CARE. SOMEONE HA GOT TO SAY YOU GOT THIS SQUARE AWAY YOU GOT THIS YOU GOT THAT.

I CAN TELL YOU NOW EVERY TIME YOU BRING SOMETHING TO ME I WIL JUST BE THAT GUY. CAN YOU SEND US THE DEED TO THE PROPERTY WE ARE DOING? CAN YOU SEND US A DEVELOPMENT AGREEMENT BECAUSE SOMEONE HAS TO DO THAT BECAUSE EVERY TIME WE MISSED THAT AND YOU KNOW WE SCREWED UP A LOT OF STUFF IN HATO SO I WOULD THINK THE FIRST THING YOU ASK ON EVERYBODY IS IT'S BEEN A FEW YEARS SINCE HE BEEN HERE EVERYTHING IS SCREWED UP AROUND HERE. DOUBLE CHECK AND TRIPLE CHECK EVERYTHING. IT WASN'T BU A YEAR AGO WE WERE MARKETING A 1300 EDC SITE IS HAVING OPTIONS OR HAVING NO OPTIONS. WE HAVE TO FIGURE OUT A WAY TO DO IT BECAUSE YOU KNOW WHO SUFFERS? IT'S THE TAXPAYERS BECAUSE THE

HAVE TO PAY MORE MONEY. >> I WOULD SAY IT DOES NOT NEED TO BE COUNSEL THAT CHECKS THIS. WHAT THIS NEEDS TO BE IS BEFORE I LAUNCH A PROJECT TAKE OUT REQUIREMENTS WHERE WE HAVE A DESIGN REVIEW THAT'S NOT AN ELECTED OFFICIAL BODY . THAT EXPECTATION SHOULD NOT BE WITH INDIVIDUAL COUNCILMEMBERS. IT SHOULD BE A CHECKLIST BEFORE YO GO TO BED AND SAY IS ALL THE LAND ONE OF YOUR CHECKBOXES. IT'S JUST IN THE PACKET.

>> WE CAN CERTAINLY IMPLEMENT THAT. QUITE FRANKLY, BY HIRING PATRICIA THAT IS THE END GOAL. AS I'VE BEEN SITTING HERE I'VE BEEN SITTING Y'ALL THERE'S A BALANCE BETWEEN GETTING THINGS DONE AND TRYING TO REPAIR THINGS THAT AREN'T BEING DONE RIGHT. THERE'S A NUMBER OF THOS THINGS. IN FINANCE, THE AUDIT OR ENGINEERING . AS Y'ALL ARE WELL AWARE PART OF THE REASON DOES RUN LIKE A SMOOTH MACHINE GOING FORWARD. WE CAN CERTAINLY DO A COVER SHEET THAT COVERS ALL THESE ITEMS AND HAVE THAT

[01:50:04]

IMPLEMENTED AS PART OF THE PROCESS. THEN WE DON'T HAVE TO WORRY ABOUT STUMBLING INTO ANOTHER SITUATION WHERE MATT LEAVES AND SOMEONE ELSE COMES O BOARD AND THEY DON'T KNOW WHAT' GOING ON BECAUSE THERE IS NO STATUS CHECK OR UPDATE. THE OTHER THING I WILL ALSO MENTION -- SORRY.

>> I'M GOING TO SAY THANK YOU FOR BRINGING IT UP. IN YEARS PAST WE JUST WOULDN'T BRING UP BAD INFORMATION AND WE WOULD BE OUT DOING SOMETHING TO POTENTIALLY BUY. AT LEAST WE KNOW THERE IS AN ISSUE. I DO APPRECIATE THAT. THAT'S OKAY.

WE WILL FIGURE IT OUT. I APPRECIATE IT.

>> THERE ARE A NUMBER OF THINGS YOU CAN ALWAYS DO BETTER. I WA SUPER EXCITED ABOUT GETTING THA UP AND WORKING. THAT IS NECESSARY FOR OUR SHORT-TERM WATER SUPPLY INCREASE. THE POINT OF ALL THAT IS TO SAY TH OTHER THING THAT IS NEAT AND EXCITING IS WITH THE IMPLEMENTATION OF BUDGET SOFTWARE WHICH INCLUDES THE PROJECTS A LOT OF THIS IS NOW GETTING PRE-BUILT INTO IT. NOT ONLY WILL WE BE ABLE TO HAVE I INTERNALLY BUT YOU ALL WILL BE ABLE TO SEE AS WELL. MOST OF THE DATA YOU'RE SEEING TONIGHT GOT PULLED DIRECTLY FROM THE CI UPDATE SOFTWARE. PART OF THE BUDGET. ETHAN SAID HE WAS

PULLING IT DIRECTLY. >> THAT IS FOR THE CIP

PRESENTATION? >> PERFECT. SAME DIFFERENCE.

>> TO EVERYONE'S POINT I HAVE HAD CONVERSATIONS WITH ALL OF THE CONTRACTORS AND WITH ALL O THE TEAM I WORK WITH DAILY. I' SICK OF HAVING TO SCRAMBLE TO FIND WAYS TO GET LAND BECAUSE W AWARDED A CONTRACT. I'M TRYING TO GET OUT AHEAD OF THAT. WE HAVE THE GLENWOOD PROJECT COMING. LAND HAS TO BE ACQUIRED SO I'M LIKE LET'S GO ACQUIRE THAT NOW WHILE WE'RE IN DESIGN AND GET IT DONE. SAME THING ON THE NORTH SIDE OF TOWN. I'M TRYING TO FIX THOSE ISSUES SO THEY DON'T KEEP COMING UP. THI ONE SLIPPED BY ME BECAUSE I'VE BEEN HERE ALL OF THREE DAYS OR FOUR DAYS OR SOMETHING LIKE THA AND I DIDN'T KNOW WHAT I DIDN'T

KNOW. >> THE JONAH PROJECT WE JUST REVIEWED THE DESIGN SO THEY AR PUSHING FORWARD TO 90%. WE ARE ON TRACK THERE. I'M PUSHING THEM TO TRY TO FINISH EARLY.

THIS IS ANOTHER ONE WHERE WE NEED LAND. WE JUST PASSED THE DESIGN THRESHOLD . WE HAVE ALL OF THESE COMING FROM THE CONSULTANT. I SENT THEM OUT TO VARIOUS PARTIES TO REVIEW THEM AND MAKE SURE THEY ARE GOOD. THAT INCLUDES BOB AND CHENEY TO REVIEW TO MAKE SURE THEY ARE GOOD WITH EASEMENTS SO WE CAN GET THEM ALL SIGNED UP ON AND IT'S ALL IN PLACE BEFORE WE GET THE FINAL DESIGN. THAT'S IT FO THE UPDATES. HERE IS THE PROJECT WE JUST STARTED BREAKIN GROUND ON.

[10.1. 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.]

>> ANY OTHER QUESTIONS OR DISCUSSION FROM COUNSEL? THANKS, MATT. THIS BRINGS US UP TO ITEM 10 ONE.

CONSIDERATION AND POSSIBLE ACTION REGARDING POSSIBLE APPOINTMENTS REAPPOINTMENTS 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. >> THANK YOU. WE ARE NOT DOING ANY APPOINTMENTS TONIGHT. I AM WORKING WITH THE CITY SECRETARY TO GET ALL THE CHAIRS TO GET THEIR PEOPLE THAT ARE COMING UP AGAIN FOR RE-UP AND FOR THE JULY. THE PLAN WOULD BE AT THE NEXT COUNCIL MEETING THAT WE AR GOING TO HAVE THAT BE SENDING OUT A MEETING BETWEEN HOPEFULLY WHOEVER WINS PLACE FIVE ON THE 10TH WILL BE PART O THAT COMMITTEE WE MEET BEFORE THE 15TH. THAT'S THE GOAL. I DID HAVE ONE OTHER THING. I WAS GOING TO ASK IF YOU COULD CREATE A SUBCOMMITTEE OF THE COUNCIL TO WORK WITH THE 80 FOR SALES TAX AGREEMENT WORK TO

START THAT PROCESS. >> I WILL PUT THAT IN

[01:55:06]

CONSIDERATION. I WILL HAVE TO READ THE PROTOCOLS. I DON'T

KNOW WHAT I CAN AND CAN'T DO. >> AMIR DOES HAVE AUTHORITY TO

CREATE SUBCOMMITTEES. >> I SHOULD'VE DONE THAT ABOUT

YEAR AGO. >> ALL RIGHT. I WILL COME UP WITH SOME RECOMMENDATIONS FOR THE NEXT MEETING.

>> THIS IS MY ITEM I WANTED TO BRING UP TONIGHT. IS THERE A REASON WHY WE CAN'T FORM A SUBCOMMITTEE TONIGHT? DO YOU

NEED MORE BACKGROUND? >> THREE.

>> ALL RIGHT LET'S DO A SUBCOMMITTEE INCLUDING MYSELF, MAYOR PRO TEM AND COUNCILMEMBER COLE ARE. HOW IS

THAT? >> EASY ENOUGH.

>> ANY OTHER ITEMS FOR 10.1? ALL RIGHT. BEFORE WE GO INTO EXECUTIVE SESSION I WOULD LIKE TO PULL UP IF THERE ARE NO OBJECTIONS ITEM 14.1. I WILL D THAT WHEN NEXT. HEARING NO

[14.1. Consideration and action on a Resolution of the City Council approving the ESLO economic development performance agreement, approving the ESLO Chapter 380 funding agreement between the city and the Hutto Economic Development Corporation Type B, authorizing the Corporation to expend funds in connection with Economic Development Performance Agreement and authorizing the City Manager to execute all necessary agreements (George Hyde)]

OBJECTIONS. I'LL MOVE ON TO ITEM 14.1 CONSIDERATION AND ACTION ON A RESOLUTION OF THE CITY COUNCIL APPROVING THE ESLO ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT, APPROVIN THE ESLO CHAPTER 380 FUNDING AGREEMENT WITHIN THE CITY AND THE HUTTO ECONOMIC DEVELOPMENT CORPORATION TYPE B, AUTHORIZING THE CORPORATION TO EXPEND FUNDS IN CONNECTION WITH ECONOMIC DEVELOPMENT PERFORMANCE AGREEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS.

>> AT EVENING . ASSISTANT DIRECTOR OF ECONOMIC DEVELOPMENT. WANTED TO SHARE SOME PROJECT DETAILS ABOUT THIS FOR PUBLIC KNOWLEDGE. MUCH OF THIS COUNSEL HAS ALREADY SEEN AND DISCUSSED BUT I WANTED TO GIVE AN OVERVIEW FOR THIS ITEM FOR CONSIDERATION. THIS FIRST SLIDE SHOWS THE LOCATION OF TH DEVELOPMENT. YOU'LL SEE IT IS ON THE SOUTHEAST CORNER OF TH ED SCHMIDT AND FUTURE LIVE OAK EXTENSION. IT DOES CONSIST OF APPROXIMATELY 1.25 ACRE TREE GROVE WHICH WILL BE PRESERVED I THE DEVELOPMENT . ALSO WANTED T SHARE THE PARKING PLANS. THIS HAS NOT BEEN SUBMITTED AS A FINAL JUST A DRAFT. THE ADDITIONAL ON STREET PARKING ON BOTH SIDES OF ED SCHMIDT THERE AS WELL. JUST TO SHARE A LITTL BIT OF THE CONCEPT YOU'LL NOTIC SOME INSPIRATION PICTURES TO COME THAT THE BUILDINGS ARE PLANNED TO LOOK SIMILAR TO AN OLD FARM STYLE BUILDING JUST T SHOW THE APPROXIMATE BUILDING LAYOUT AS WELL. HERE YOU WILL SEE THE INSPIRATION STRUCTURES A LOT OF OLD FARMING TYPE INSPIRATION FOR THE BUILDINGS O THIS PROJECT. ADDITIONAL INSPIRATION SURROUNDING THE TRE GROVE . A LOT OF OUTDOOR SEATIN AND GATHERING SPACES. PICNIC TABLES, ET CETERA. THIS IS INTENDED TO BE A COMMUNITY GATHERING SPACE AS WELL . BOTH THE RESTAURANTS AS WELL AS THAT OPEN TREE GROVE AREA. YOU WILL SEE HERE LOTS OF OUTDOOR SEATING, PATIOS, OUTDOOR LIGHTS , COVERED PATIOS AND SUCH. ONE LAST CONCEPT ART LOOKING IN FROM ED SCHMIDT AS WELL. IT GIVES SOME EXAMPLES OF THE TYPES OF MATERIALS TO BE USED I THE PROJECT. ALL RIGHT. GETTING INTO THE ACTUAL DETAILS OF THE ECONOMIC DEVELOPMENT PERFORMANC AGREEMENT. THIS IS A PERFORMANCE BASED AGREEMENT CONSISTING OF A $1.5 MILLION PERFORMANCE GRANT OVER A TEN-YEAR TERM. THAT ENTIRE AMOUNT IS FUNDED FROM THE TYPE B FUNDS THAT ARE USED FOR PROJECTS OF THIS TYPE. THERE ARE PERFORMANCE HURDLES WHICH ARE REQUIREMENTS IN ORDER TO RECEIVE THE GRANT FUNDS. DOES CONSIST OF BOTH CONSTRUCTION COMPLETION REQUIREMENTS AS WELL AS REVENUE REQUIREMENTS. THERE ARE ADDITIONALLY ANNUAL QUALIFICATIONS AND THERE IS NO MAKEUP PROVISION. IF THEY MISS A PERFORMANCE HURDLE IN ONE YEA THEY DO NOT RECEIVE THAT DISBURSEMENT AND THEY DON'T GET IT IN THE FUTURE. THEY MOVE ONT THE NEXT YEARS REQUIREMENT. TH SALES TAX REIMBURSEMENT PIECE IS A $1.2 MILLION PORTION.

THERE IS AN EARLY TERMINATION ELIGIBILITY WHICH MEANS IF THE PROJECT REDUCES THE $1.2 MILLION PRIOR TO THE 15 YEAR TERM THE UNIT WOULD EXPIRE AT THAT TIME AND THEN THE FULL SALES TAX AMOUNT. THE TOTAL MAXIMUM INCENTIVE FOR THIS IS THAT $2.7 MILLION . JUST SOME ADDITIONAL DETAILS TO SHARE

[02:00:05]

WITH REGARD TO THE EDPA. MATERIALS AND FINISHES HAVE BEE INCLUDED SO SOME OF THOSE CONCEPT DESIGNS YOU SAW ARE ACTUALLY WHAT WE ANTICIPATE GETTING IN THIS DEVELOPMENT AND THAT IS PART OF THE PERFORMANCE REQUIREMENT OR INCENTIVE REQUIREMENT. THERE ARE ADDITIONAL RESTRICTIONS INCLUDED. NO DRIVE THEORIES. IF THERE ARE ANY FOOD TRUCKS ON SITE FOR ANY REASON THOSE SALE WILL NOT BE INCLUDED IN THE INCENTIVIZED USES WE NEED THAT THOSE SALES TAX DOLLARS WOULD NOT GO TOWARD MEETING THE REQUIREMENT FOR THE REIMBURSEMENT OR FOR MEETING THE SALES REVENUE REQUIREMENT FOR THE GRANT. ALSO WE DID RESTRICT THERE WOULD BE NO PRIMARY USE NAIL SALONS OR GENERAL DENTISTRY ALLOWED IN THIS DEVELOPMENT. ADDITIONALLY THE PRESERVATION OF THE TREE GROVE IS INCLUDED IN THE EDPA. IT IS FOR PUBLIC USE AND THEN IT'S ALSO STIPULATED THAT IT WOULD BE ABLE TO PROGRAM THAT 4+ TIMES PER YEAR. A FISCAL NOTE IF YOU WILL. THE DEVELOPE HAS CALCULATED THEIR IMPACT AND ESTIMATED IT TO BE OVER $1 MILLION SO THAT WOULD BE INCOME TO THIS MOVING FORWARD. I JUS LEAVE YOU WITH A LITTLE INSPIRATION.

>> QUESTIONS FROM COUNSEL? >> I HAD A COMMENT THAT I SAW LOT OF NUMBERS THROWN OUT ON FACEBOOK AND STUFF AND I STARTE REACHING OUT TO CITIZENS AND ONCE THEY UNDERSTOOD IT WAS A SALES TAX REIMBURSEMENT AND NOT THE CITY CUTTING A $3 MILLION CHECK TOMORROW THEY COMPLETELY UNDERSTOOD WHAT WE ARE TRYING T DO AND WHY IT MADE SENSE AS A PROJECT. THANK YOU FOR PUTTING THIS PRESENTATION TOGETHER TO GET OUT THE TRUE NATURE OF WHA IT WAS AND WHAT'S IN THAT PROJECT AND WHAT IS AND IS NOT ALLOWED THERE SUCH AS THE DENTA OFFICES AND NAILS AND THE DEVELOPER BEING WILLING TO GO BACK AND WORK WITH US AS WE ADD ADDITIONAL THINGS. THIS HAS BEE COMING TO COUNSEL SINCE DECEMBER WE HAVE BEEN WORKING O THIS. THIS IS NOT SOMETHING THA HAS COME UP IN A WEEK OR TWO. THIS HAS BEEN A SIX-MONTH PROCESS. I APPRECIATE YOUR PATIENCE AS WE WORK VERY TO GET

THIS FOR THE CITY. >> YOU'RE SAYING ALL THE MONEY IS SALES TAX RELATED? THE INCENTIVE. OKAY. I DISAGREE WITH YOU. THE WAY I UNDERSTOOD THE PRESENTATION 1.2 MILLION OF THE 2.7 MILLION IS SALES TAX. THERE IS 1.5 MILLION THAT IS

NOT SALES TAX. >> IT IS BECAUSE IT'S GRANT FUNDS WHICH ONLY COME FROM SALES TAX REVENUE FROM OTHER PLACES IN THE CITY. IT'S STILL SALES TAX REVENUE GENERATED

ONLY. >> IT'S NOT A REBATE. IT'S FRO

OTHER . >> IT'S THE ESD'S DECISION. TH EDC. THEY WILL HAVE TO AGREE TO THE FUNDING.

>> ORIGINALLY STATED IT WAS SALES TAX BEING REIMBURSED FOR THAT PORTION IS NOT SALES TAX BEING REIMBURSED. THAT IS OTHER

SALES TAX BEING SUBSIDIZED. >> FROM THE EDC DOING IT.

RIGHT. IT'S NOT THE CITY GIVING THE MONEY.

>> THE REASON I BRING THAT IS I HAS BEEN MY ISSUE. I DON'T MIN INCENTIVIZING THE DEVELOPMENT TO WHERE YOU BRING MONEY IN AND YOU GET MONEY BACK. WHEN YOU BRING SOME IN AND YOU GET MORE BACK I DON'T CARE WHERE IT COME FROM BECAUSE YOU CAN SAY THAT IT IS EDC MONEY BUT THE $300,00 WE ARE GOING TO GIVE THEM IN YEAR ONE FOR BREAKING GROUND COULD HAVE GONE TO SOMETHING IN THE PARK. THE EDC IS ALLOWED TO SPEND MONEY IN A PARK. IT COULD HAVE GONE TO ROAD IMPROVEMENTS WATER. IT COULD HELP OUT WITH THIS PUMP STATION LAND ISSUE W HAVE. THE EDC CAN PARTICIPATE I A LOT OF THINGS. WE ALSO DON'T MENTION EDC UNLESS WE SELL LAND IN THE NEXT TWO YEARS. WHAT HAPPENS? WE RUN OUT OF MONEY

AND GO BANKRUPT. >> MR. MAYOR YOU WILL SEE AN UPDATED CASH FLOW MODEL IN EXECUTIVE SESSION TO HELP

ADDRESS THAT CONCERN. >> I PROMOTE WE GO TO EXECUTIV

SESSION TO DISCUSS THIS. >> I THOUGHT SOMEONE WOULD BRIN THAT UP. I DON'T KNOW THAT THI CAN GO TO EXECUTIVE SESSION.

CHAPTER 551087 DELIBERATIONS REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS THE CHAPTER DOES NOT REQUIRE A GOVERNMENT BODY TO CONDUCT AN OPEN MEETING TO DISCUSS OR DELIBERATE REGARDING

[02:05:05]

COMMERCIAL, FINANCIAL INFORMATION THAT THE GOVERNMENT BODY HAS RECEIVED FROM A BUSINESS PROSPECT. THAT THE GOVERNMENT SEEKS TO HAVE LOCAT STATE OR EXPAND. WE HAVEN'T GOTTEN ANYTHING FROM THEM. ALWAYS GOTTEN IS WHAT WE HAVE GIVEN THEM. I WOULD ARGUE WE CAN'T EVEN GO BACK IF WE WANT TO. WE DON'T KNOW WHO'S GOING T BE HERE. WE DON'T HAVE FINANCIALS IN THE DEVELOPMENT COMPANY. WE DON'T HAVE ANYTHING LIKE THAT THAT GOES TO THIS. ALL WE HAVE IS WHAT WE ARE DOIN WITH TAXPAYER MONEY I DON'T KNOW IF I'M CORRECT ON THAT BUT THE WAY I READ IT AND NOT NAMIN NAMES WE ARE JUST PLAYING THE

DEVELOPMENT. >> IF WE NEED TO LOOK AT CASH FLOWS THAT DOES HAVE DIETARY THINGS THAT CAN'T SHARED IN

PUBLIC. >> IT'S FINANCIAL INFORMATION FROM A BUSINESS PROSPECT. YOU CAN'T GO IN THE BACK AND TALK ABOUT THE CITY'S FINANCIAL POSITION IN THE BACKGROUND. IF WE ARE GOING TO RUN OUT OF MONE THE PUBLIC NEEDS TO KNOW. WE AR NOT IN THE PUBLIC NEEDS TO KNOW IF YOU THINK I'M GOING TO VOTE TO GO TO THE BACK AND TALK ABOU FINANCIAL AWAY FROM EVERYBODY THEN THIS IS A 2019. WE NEED T HAVE THE CONVERSATION OUT HERE.

UNLESS ALAN SAYS I'M COMPLETELY OFF THE CHART AND BECAUSE WE DON'T KNOW ANYTHING GOING ON IN THIS DEVELOPMENT WE GO BACK

THERE AND TALK ABOUT -- >> THE DEVELOPER DASHES ON THE PUBLIC PAGE WITH ALL THE INFORMATION SO IT'S COMMON GROUND. IT'S ON THEIR. IT'S RIGHT HERE ON THE BOTTOM OF TH

SCREEN. >> WE HAVEN'T RECEIVED ANY FINANCIAL INFORMATION FROM THEM THAT'S WHY YOU GO BACK THERE TO WORK AS WELL AS DOESN'T WANT TO KNOW.

>> WE ARE ADVISED THAT THEY ARE INTERESTED IN DEVELOPING IN HUTTO. WE HAVE SEEN INTEREST FROM THIS GROUP BEFORE.

>> I JUST HAD DINNER WITH THE GROUP. I CAN TELL YOU THAT WAS.

WE DON'T HAVE TO TALK ABOUT THA IN THE BACK. TRANSWESTERN WANT TO SHARE THEIR FINANCIALS AND IRS TAX STATEMENTS WE PROBABLY HAVE TO GO TO THE BACK AND DISCUSS THOSE. I WE ABLE TO GO BACK WHEN WE DON'T -- WE ARE NOT TALKING ABOUT BUSINESS USES WE JUST TALKING IDEAS AND CONCEPTS. WE GO BACK THERE AND

TALK ABOUT ? >> THE MAYORS CORRECT. YOU'RE NOT REQUIRED TO GO BACK INTO EXECUTIVE SESSION TO DISCUSS THOSE THINGS. THE SECTION HE READ OFF TO US IS ONE OF THE JUSTIFICATIONS THAT ALLOWS US T GO BEHIND CLOSED DOORS. THE OPE MEETINGS ACT SECTION HE QUOTED ON CHAPTER 551 GIVES THE CITY COUNCIL THE DISCRETION , THE CHOICE, TO GO BEHIND CLOSED DOORS AND DISCUSS INCENTIVES THAT YOU ARE CONSIDERING GIVING A BUSINESS TO EITHER LOCATE HERE, EXPAND HERE OR STAY HERE IF YOU THINK DISCUSSING THE INFORMATION OUT LOUD MADE SOME WAY THWART THE DEAL. IN MY OPINION YOU DO HAVE THE DISCRETION TO GO BACK AND DISCUSS THIS INFORMATION IF YOU CHOOSE TO DO SO. YOU'RE NOT REQUIRED.

>> I DON'T THINK THERE'S ANYTHING IN THIS DEAL WE HAVE TALKED ABOUT THAT I THINK WE CAN TALK ABOUT ALL OF IT IN PUBLIC. I DON'T SEE A REASON WHY WE NEED TO GO BACK EITHER.

THINK THE INCENTIVES WE ARE OFFERING ARE PRETTY MUCH PUBLIC. EVERYONE KNOWS IT'S ABOUT --

>> I WAS SAYING THAT IF HE WAS SAYING HE COULD NOT VOTE UNTIL HE COULD KNOW ABOUT CASH FLOWS.

>> THAT'S WHAT I WAS TALKING ABOUT. I WASN'T TALKING ABOUT

THIS INCENTIVE. >> IF YOU CAN GO BACK TO THE BEGINNING I WILL SHARE MY ISSUE PUBLICLY.

>> THERE ARE SOME THINGS WE AR BEING TOLD I DON'T REMEMBER SEEING IN THE DEVELOPMENT AGREEMENT. IS THAT THE FIRST

SLIDE? >> I'M NOT TRYING TO BE A PAIN.

CAN YOU GO TO THE FIRST TIME WE START GETTING A WARRANT OR SOM KIND OF WHAT WE ARE IMPLYING I GOING TO HAPPEN? ONE MORE. ON MORE. OKAY. ALL RIGHT. WE ALREADY FIGURED OUT IT IS 1.2 MILLION OF SALES TAX NOT ALL SALES TAX REIMBURSEMENT. I GUESS TECHNICALLY SPEAKING IF THE EDC IS FUNDED ALTHOUGH SOMETHING TELLS ME WE'RE GOING TO USE SOME LAND CELLS MONEY T HELP PAY FOR SOME OF THIS. GO ONE MORE SLIDE UP. OKAY. WHERE IN THIS EDPA DOES IT ACTUALLY TELL YOU WHAT THE MATERIALS AND FINISHES ARE GOING TO BE? WHAT READ EARLIER WAS TO BLENDED INTO THE NORTH AND I DON'T KNOW WHAT I READ. I DON'T KNOW WE AR

[02:10:03]

IN THERE. I HEARD FROM THE DEVELOPER OF A DIFFERENT DEVELOPMENT AND SHE SAID A STATEMENT . WHERE IN THIS AGREEMENT DOES IT MAKE US HOL TWO MATERIALS AND FINISHES?

>> GIVE ME ONE SECOND AND I WIL GRAB IT.

>> YOU CAN IF WE ARE WANTING AN INCENTIVE AGREEMENT. ABSOLUTELY

WE CAN. >> WHEN SOMEONE ASKS FOR A DEVELOPMENT AGREEMENT YOU THROW A TON OF STATE LAWS OUT BECAUS ALL YOU HAVE TO DO IS SAY IF YO DON'T PAINT THE BUILDING

>> WE ARE NOT GIVING YOU 2.7 MILLION .

>> AND THREE K-1 UNDER THE EXTERIOR BUILDING FINISHES YOU WILL SEE IT SAYS EXPRESS STRUCTURE OF WOOD, METAL INCLUDING ARCHITECTURAL METAL SIDING OF VARIOUS TEXTURES WIT METAL ROOFS, MASONRY OR STONE ACCENTS, METAL WINDOW AND DOOR CASINGS. THAT STARTS THE MATERIAL DISCUSSION.

>> YOU CAN BUILD ANYTHING. >> EVERY BUILDING IS GOING TO HAVE THAT. YOU SHOWED US PICTURES AND SAID THIS IS WHAT IT'S GOING TO LOOK LIKE. TO ME YOU PUT THAT PICTURE AS AN EXHIBIT TO THE AGREEMENT AND IT WILL LOOK SUBSTANTIALLY SIMILAR OR WHATEVER THE LANGUAGE SAYS LIKE THIS THEN IT CAN'T GET OUT. WHAT IS A HARMONIOUS PALLET? WHO DETERMINES WHAT IS HARMONIOUS? I'M NOT TRYING TO B FUNNY. I WILL GO IN AND ARGUE IT ONE WAY. YOU WILL ARGUE ANOTHER WAY. I KNOW COUNCILMEMBER CLARK WILL ARGUE WITH ME ON THE DIFFERENCE BETWEEN IT. THE MAYOR AND I AR GOING TO HAVE A COMPLETELY DIFFERENT IDEA. I BRING THAT UP AS ONE THING THAT I WANT ANYBODY TO PROMISE BECAUSE WE HAD AN ISSUE WITH A BUNCH OF PROMISES AND WE JUST RECTIFY THAT FIVE YEARS LATER. WHAT IS THE ZONING GOING TO BE ON THIS? THE PROPERTY TO THE NORTH IS

GOING TO BE ONE. >> I'M NOT SURE WHAT THE ZONIN WOULD BE.

BACK TO THE REFERENCE MAP. >> THIS IS WHERE WE GET

CONFUSED. >> HE'S SAYING THE COMMERCIAL FOR EVERYBODY'S CLARIFICATION NORTH OF THIS SITE IS A 2.4 ACRE COMMERCIAL. SOUTH OF THE SITE , THE ONE WE ARE WORKING O IS NOT SOME COMMERCIAL. THAT WILL HAVE TO BE FIXED. TO SAY WE KNOW WHAT IT IS TODAY WE ARE INCENTIVIZING SOMETHING I GET HIT BY A BUS ON THE WAY OUT OF HERE AND THEN WE ARE ON SP2.

>> IT SAID THEY ARE ALREADY ALLOWED B-1 THAT'S WHAT THE PUD SAYS AND I'M TELLING YOU IT SAYS IT'S MULTIFAMILY . IT'S NOT COMMERCIAL. THERE IS A WHOLE PROCESS. THAT'S WHAT I'M SAYING YOU'RE MAKING ASSUMPTIONS ABOUT WHAT THIS WILL BE AND I'M TELLING YOU WE ARE INCENTIVIZIN SOMETHING WE STILL HAVE TO GO GET A PET AMENDMENT, ZONING CHANGE, HEARINGS. THAT IS THIS LITTLE BLOCK HERE OF HOMES. WE NEED TO BE CLEAR THAT RIGHT NO THEY ARE INCENTIVIZING RESTAURANTS ON RESIDENTIAL PROPERTY.

>> IF I MIGHT BE ABLE TO ADD A LITTLE MORE CLARITY THERE'S A COUPLE OF DIFFERENT THINGS AT PLAY WHICH CAN BE CONFUSING .

PLANNED UNIT DEVELOPMENT DESIGNATION OVER THE ENTIRETY OF WHAT THAT PROPERTY IS AND WHAT IT IS IS A MINI ZONING

[02:15:01]

CODE. INSIDE THAT MINI ZONING CODE THEY TYPICALLY, WHEN THEY CREATE A PUD WILL PUT IN THEIR VARIOUS DIFFERENT USES THAT ARE ALLOWED WITHIN THE BOUNDARIES OF THE PROPERTY. THEY WILL ASSIGN CERTAIN LOCATIONS THAT WILL HAVE THE BASE ZONING INSIDE THE PUD IS. WHEN THE MAYOR IS LOOKING AT THE MAP THA PINK AREA PASS THE AREA THAT THEY DESIGNATE THE PLANT ITSEL WILL ALLOW THEM TO REQUEST ANOTHER PARCEL TO ALSO BE B-1.

AMEND THE PUD TO CHANGE WHAT TH REQUIREMENTS OF B-1 ARE. THERE' DIFFERENT THINGS YOU CAN DO BETWEEN PUD DOCUMENT AND THE ACTUAL BASE ZONING'S THAT APPL TO THE VARIOUS PIECES INSIDE TH

OVERALL PROPERTY. >> THAT'S THE REASON WE NEED TH

AMENDMENT. >> THEY COULDN'T BUILD IT ON THAT PARTICULAR LOT WITHOUT AMENDING THE ZONING TO ALLOW FOR THE COMMERCIAL TO BE OVERLAID ON THAT PIECE. THE PU ITSELF, THE DOCUMENT DOESN'T HAVE TO BE AMENDED TO ALLOW FOR THAT. JUST WHICH PIECES INSIDE ARE DESIGNATED. IF YOU WANT TO ADD MATERIALS OR THE TYPES OF THINGS YOU'RE TALKING ABOUT EARLIER THAT'S WHEN YOU HAVE TO AMEND THE PLANT ITSELF IN ORDER TO PUT THOSE REQUIREMENTS IN THERE. THANK YOU.

IT'S ALMOST LIKE IT'S DOUBLE DIPPING.

>> WE ZONE, ANNEX AND OF THE PROPERTY ONE WAY AND ALLOWED MULTIFAMILY ONE WAY AND THEY TOLD US BY DOING THIS WE ARE

GOING TO KEEP THE TREES. >> A COUPLE POINTS TO THAT ONE.

THEY WOULD TECHNICALLY BE ABLE TO REMOVE 25% OF TREES WHICH AT MY CALCULATION WAS ALMOST A THIRD OF AN ACRE. THAT WOULD ALLOW THEM TO PUT ADDITIONAL SPACE THERE FOR THEIR OWN BENEFIT AND THEY ARE CHOOSING NOT TO DO THAT BUT ADDITIONALLY THE WAY THE PUD CURRENTLY SITS THAT WAS SUPPOSED TO BE AN AMENITY CENTER THIS WOULD HAVE BEEN FOR PRIVATE USE .

>> THEY ARE NOT REMOVING ANYTHING? THE FARMS HAVE CUT DOWN EVERYTHING. THE CLEAR-CUT AND ENTIRE AND EVERYTHING ELSE I WOULD SAY WE NEED A TREE SURVEY AT THE MINIMUM BECAUSE WERE GOING TO WALK BY THEIR. OKAY. THEN I HAD A QUESTION ABOUT RESTAURANTS. WHAT IS A RESTAURANT? HOW ARE WE DEFININ

RESTAURANTS? >> I BELIEVE THE REQUIREMENT IS 50% OR MORE OF THEIR SALES HAVE TO BE FOOD.

>> THAT'S NOT WHAT I READ. THE HAVE TO HAVE FOR RESTAURANTS WHICH I SAID THAT'S WHAT IT SAY --

>> I GUESS I MISUNDERSTOOD YOUR QUESTION. YOU'RE ASKING WHAT

QUALIFIES? >> WHAT IS A RESTAURANT?

>> BY STATE LAW 50%. >> IF IT'S LESS THAN 50% FOR FOOD THEN IT'S A BAR. IF IT'S MORE THAN 50% AT THE RESTAURANT

RESTAURANT? >> THOSE ARE EXCLUDED.

>> SHE SAID THE SALES THEY GENERATE ARE EXCLUDED. PART OF THIS AGREEMENT SAYS THEY HAVE T BUILD FOR RESTAURANTS.

>> THE SQUARE FOOTAGE WOULD BE EXCLUDED. THAT WOULD NOT CONTRIBUTE TO THE SQUARE FOOTAG REQUIREMENT AS IS PART OF THE

AGREEMENT FOR THE SALES. >> WHAT IS THE CAPITAL ESTIMATE

>> IT'S GOING TO BE HARD TO PUT ENOUGH FOOD TRUCKS FOR $15

MILLION OF BUILDINGS. >> I THINK THEY WOULD BUILD 18,000 SQUARE FEET OF WHATEVER THEY WANTED TO AND COLLECT ALL THE SALES TAX AND GO ACCORDING TO THE AGREEMENT WE DID THE FO RESTAURANTS LIKE YOU TOLD US TO WE BUILT 18,000 SQUARE FEET OF RETAIL AND BEVERAGE FACILITIES AND WE GENERATED 15 TO 20 MILLION AND GENERATED X AMOUN OF SALES TAX SO GIVE US OUR

CHECK. >> THEY'RE GOING TO GENERATE THAT MUCH? 18 MILLION? $83 MILLION OVER 10 YEARS?

[02:20:03]

>> SHOW ME WHERE THE SALES GENERATED HAVE TO COME FROM

RESTAURANTS. IT DOESN'T SAY. >> MOST OF IT WILL BE

RESTAURANTS. >> YOU'RE MAKING AN ASSUMPTION.

THERE. I CAN COME UP WITH -- WHAT IF I CAME UP WITH 18 MILLION OR ACTUALLY IT'S 13 1/2 MILLION IN ANNUAL SALES AND IT IS TAXABLE. IT DIDN'T INCLUDE ANY RESTAURANTS OR FOOD TRUCKS.

I PUT A JEWELRY STORE IN THERE I DID ALL THESE DIFFERENT THING AND THEN I PARK FOR FOOD TRUCKS OUTSIDE.

>> I THINK YOU'RE OVERCOMPENSATING THIS. I THINK ALL WE NEED TO DO IS ASK THE DEVELOPERS IF THEIR BUILDING RESTAURANTS AND IF IT'S GOING T BE FOOD TRUCKS. ALL WE HAVE TO DO IS PUT IN THIS AGREEMENT IS SAFELY TRUCKS DOESN'T COUNT.

ISN'T THAT SIMPLE? >> WE COULD. HOLD ON. I HAVE A COUPLE MORE. I DON'T UNDERSTAND. I GET WE ARE PAYING FOR THIS. THE SAME THAT IN THE PET AMENDMENT YOU CAN REQUIRE.

I THINK WE NEED TO BE COGNIZANT OF THE FACT THAT YOU CAN BUILD A SPACE FOR UNDER $200 A SQUAR FOOT. FOR 2.6 MILLION ANY GENERAL CONTRACTOR CAN BUILD AN 18,000 SQUARE FOOT. MAYBE IT HA MORE STONE. MAYBE THIS HAS MORE METAL. THERE ARE SOME CHANGES.

IT CAN BE 195 OR 205. THE WAY READ THIS AS WE ARE INCENTIVIZING SOMEONE TO BUILD RETAIL CENTER THAT WILL INCLUDE FOR RESTAURANTS WHICH WE DON'T KNOW ANYBODY THAT'S GOING TO BE IN THERE. WE DON'T KNOW ANY RESTAURANTS. WE JUST HAD SOMEON TO 20 ACRES OF COMMERCIAL. ARE THEY GOING TO COME BACK AND EXPECT THE SAME THING? ONCE YOU START DOING THIS EVERYBODY IS GOING TO COME UP AND SAY YOU DID IT FOR THESE GUYS SO WE NEE MONEY TO. I THINK WE NEED TO BE THINKING ABOUT THIS BECAUSE FRO A PRESIDENT STANDPOINT I WAS TELLING THE CITY MANAGERS I HAV NEVER HEARD OF I HEARD OF THE CITY INCENTIVIZING TO A BUILDING. NEVER BUILD THE BUILDING. WHEN DO THE

RESTAURANTS HAVE TO OPERATE? >> PER THE GRAND PORTION THEY

WOULD BE REQUIRED TO -- >> THEY HAVE TO BE OPEN IN A CERTAIN TIMELINE. IT SAYS IT IN THERE.

>> THE FACILITY WILL BE COMPLETED WITHIN THREE YEARS FROM EXECUTION. THE FACILITIES INCLUDING THE RESTAURANTS --

>> WHEN YOU GET TO THE GRANT YEAR ONE TO GET A CO OF 50% OF THE IMPROVEMENTS IF THAT IS ROADS AND SIDEWALKS BUT THEY GET 300 GRAND FOR 50%. THEY DO 4 MILLION IN SALES. THIS IS TOTAL ANNUAL GROSS SALES. THEY GET 200 GRAND. YEAR FOUR KNOW WHERE AM I SEEING YOU HAVE TO BUILD A RESTAURANT. AT SOME POINT YOU'RE SUPPOSED TO BUILD THE FACILITIES BUT I DIDN'T SEE THE FACILITIES OR I DON'T KNOW WHAT THE FACILITY IS EXACTLY. W DEFINED SALES TAX INCENTIVE AND ECONOMIC FUNDS AND GRANTS EFFECTIVE AND MY GUESS IS IF I WAS ME ARGUING WITH YOU I WOUL CALL THE FACILITY SOMETHING COMPLETELY DIFFERENT AND YOU WOULD SAY YOU HAVE TO PUT IN A RESTAURANT AND I WOULD SAY NO I DON'T. I WOULD THINK THAT NEED TO BE TIGHTENED UP. THESE ARE MORE RHETORICAL QUESTIONS. WE ARE DOING THIS BACKWARDS. THIS IS WHAT GOT US IN TROUBLE WE WE GO OUT AND IMPROVE AN INCENTIVE AGREEMENT. WE GO OUT AND DO A WHOLE PUBLICITY THING AND WHEN WE COME IN DEVELOP WE DO THING WE HAVE TO DO. WHEN YOU DO THE PUD IF A DEVELOPER COMES AROUND AND SAYS I LIKE WHAT YOU GUYS ARE PROPOSING TO INCENTIVIZE THEM IF WE NEED TO. TO ME IT SEEMS BACKWARDS. I DON'T THINK THE EDC HAS APPROVED THIS AGREEMENT. NOW IT HAS BEEN CHANGED SO NOW THE CITY COUNCIL IS PROVING AN AGREEMENT TO THEN SEND IT TO THE EDC TRADE WE ARE APPROVING AN AGREEMENT THAT THE EDC IS GOING TO PAY MONEY THAT

[02:25:03]

THEY HAVEN'T APPROVED YET. I THINK THAT'S A LITTLE BACKWARDS STILL NOT SURE THE BENEFITS FO HUTTO. IF WE WANT TO BUILD RETAIL AND ESCROW TO GROW THEN WE CAN THROW OUT A LOT OF MONEY. WE CAN JUST SAY WE DON' CARE WHAT IT IS. I DON'T SEE TH BENEFITS. I HAVEN'T SEEN AN UPDATED FINANCIAL ANALYSIS. I SAW ONE FOR THE 10 YEAR -- I' BEING PICKY BUT THE ORIGINAL DEAL I WAS NOT HAPPY WITH OVER 10 YEARS PROVIDED THE CITY OF HUTTO A NET BENEFIT OF $20,000. BECAUSE WE STOMACH THAT AS A COUNCIL WE STRETCH IT OUT FOR 1 YEARS AND IT TASTED BETTER. TO ME WE ARE STILL GIVING TOO MUCH MONEY AWAY. YOU GIVE SPECIFIC USES AND YOU PUT THEM IN THE DEAL. IT CHANGES THE AMOUNT. I COULD BE A LIQUOR STORE IN HERE NOTHING STOPS THAT. IT COULD B A BANK . I FEEL LIKE WE ARE DOING THINGS THAT RAISE TAXES O CURRENT BUSINESS OWNERS. SO SOMEONE ELSE CAN COME IN AND COMPETE WITH THEM. IT'S ALMOST LIKE WE'RE SUBSIDIZING NEW BUSINESSES. YOU ARE PAYING YOU FAIR SHARE OF TAXES AND ALL OF SUDDEN THE CITY COMES IN AND SAYS WE WILL GIVE YOU $3 MILLIO TO OPEN MORE RESTAURANTS AND THEY SAY WHAT ARE THEY GOING TO BE BUT WE DON'T KNOW BUT THEY'R GOING TO BE: EVERYONE IS GOING TO LOVE THEM. I DON'T KNOW HOW FEEL ABOUT OPERATING A BUSINESS IN HUTTO. WE'VE GOT A COUPLE MORE. NO ONE WILL COMMIT. I LIK THIS ONE. NONE OF THEIR TENANTS WILL COMMIT UNTIL HUTTO COMMITS FIRST. THAT'S BS. IF THEY WERE GOING TO GO THROUGH A BANK AND GET A LOAN A BANKER IN TODAY'S ENVIRONMENT THAT IS REGULATED IS GOING TO REQUIRE LEASES IN HAND TO GET MONEY. YOU DON'T WALK INTO A BANK AND I GO WHAT ARE THEY GOING TO BUILD? 18,000 SQUARE FEET OF RESTAURANT IS GOING TO LOOK COOL AND THEY GO YOU HAVE TO HAVE SOME PROOF. THEY ARE SAYING WE HAVE TO GO FIRST. I WOULD CONTEND THEY NEED TO SHOW US NAMES THEY ARE GOING TO HAVE AND THEIR LEASES CAN BE SUBJECT TO THE CITY OF HUTTO APPROVING THIS INCENTIVE AGREEMENT. US GOING FIRST WE SHOULD HAVE THE LEVERAGE HERE. THIS BRINGS UP THE QUESTION OF WHAT IS THE STANDARD TO GET INCENTIVE IN HUTTO NOW? I'M GOING TO BUILD A 10,000 SQUARE-FOOT BUILDING AND I'M GOING TO BUILD TWO RESTAURANTS AND I NEED $2.5 MILLION AND WE ARE ALL GOING TO SAY YES AS A COUNCIL? THAT'S KIND OF WHAT WE ARE DOING BECAUSE IT'S A SPEC BUILDING. PREVIOUS DEALS REIMBURSE INFRASTRUCTURE COSTS. THE EXTENDED STORM . THEY EXTENDED WATER AND WASTEWATER. THEY'RE GETTING REIMBURSED WITH MONEY THEY ARE BRINGING IN. TH EDC IS NOT PAYING MONEY. THEY RAN A CHECK ON PROPERTY TAXES AND FIND OUT LIKE THAT UP TO A POINT NOT TO SUCCEED. THE SAME WAY WITH STAR RANCH. THEY DID WORK LONG RUN 30. THEY ACTUALL GAVE 60% OF OUR SALES TAX WOUL AND BROUGHT THAT LAND INTO THE CITY IN AN EFFORT TO BE PART O THE CITY. THERE THEY ARE BRINGING IN ROADS AND THEY CHEC SOME BOXES. I THINK WE ARE RUSHING WHICH TELLS ME THEY AR PROBABLY OUT OF TIME ON THEIR LAND AND THEY NEED A PIECE OF PAPER. WE HAVE HAD THIS CONVERSATION. I FEEL LIKE WHEN HUTTO APPROVES THIS THAT'S LIK A LETTER OF CREDIT THEY WILL TAKE TO A BANK AND GO I GOT $3.1 BILLION OR WHEREVER WE ARE AT. IF WE ARE GOING TO SPEND THIS KIND OF MONEY I WOULD PROPOSE WE DO A PRIVATE PARTNERSHIP. IF WE ARE GOING TO PAY TO BUILD A BUILDING WHILE W BUILD THE BUILDING ON THEIR LAN AND OWN IT 50-50. THE EDC CAN DO THAT AND THE PUBLIC MAY LIKE

THAT BETTER. >> WE ARE NOT PUTTING $3 MILLIO IN DAY ONE. YOU ARE TALKING $150,000 A YEAR.

>> THE FIRST YEAR 300,000+ SALE TAX. THE SECOND YEAR WAS TO SOMETHING PLUS SALES TAX. WE ARE PUTTING IN ALMOST HALF 1 MILLION A YEAR. THE EDC CAN FUND PARKS, ROADS . I HAVEN'T HEARD ANYBODY COMPLAIN ABOUT ROADS IN A WHILE.

ROAD INFRASTRUCTURE INSTEAD OF BUILDING MORE BUILDINGS. THAT' WHY GET TO THE OTHER USES OF TH 3 MILLION. ANYWAY. I THINK WE ARE CRAZY FOR EVEN LOOKING AT THIS. I THINK THIS IS COMPLETELY IRRESPONSIBLE. IF THESE GUYS WANT TO COME BACK WITH SOME BIG-TIME DEVELOPERS THINK OUR MOOD SHOULD CHANGE.

[02:30:05]

IF WE ARE GOING TO INCENTIVIZE PEOPLE JUST TO BUILD BUILDINGS I THINK WE ARE GOING TO HAVE A PROBLEM.

>> I THINK THAT IS A TOTAL MISCHARACTERIZATION OF WHAT THI IS. TO SAY THAT WE ARE JUST BUILDING A SPEC BUILDING AND GIVING $3 MILLION. THAT IS NOT WHAT THIS IS. THAT'S NOT HOW I READ IT THAT'S NOT HOW I UNDERSTAND IT. THERE IS AN ITE IN HERE THAT SAYS IN ADDITION T THE $15-$20 MILLION THEY ARE COMMITTED TO PUT IN FOR THE NECESSARY INFRASTRUCTURE ON TOP OF THAT THE WAY I READ THIS THERE IS ANOTHER 15 TO 20 MILLION THEY ARE GOING INTO THE BUILDINGS. IT'S NOT GOING TO B THIS PLAIN BUILDING THAT'S GOIN TO LOOK LIKE EVERYTHING ELSE.

IT'S GOING TO BE SOMETHING VERY COOL, UNIQUE. IT'LL BE A DRAW.

IT'LL BE A DESTINATION. TO ME, CARE LESS ABOUT THE SPECIFICS THAT ARE COMING IN AND MORE ABOUT THE DESIGN AND WHAT THE DRAW IS GOING TO BE AND WHO IN THE TYPE OF PEOPLE THAT ARE GOING TO WANT TO BE THERE BECAUSE OF THE TYPE OF DEVELOPMENT IT'S GOING TO BE. THAT'S THE WAY I LOOK AT IT. IF I LOOK AT SOMETHING THAT IS COO AND UNIQUE NONE OF THE OTHER SPEC BUILDINGS WE HAVE AROUND TOWN OR STRIP MALLS WE HAVE IN TOWN HAVE THESE AWESOME PUBLIC SPACE THAT'S GOING TO BE AVAILABLE AND NOT GOING TO HAV THE TREES AND CANOPY AND ALL THIS REALLY COOL PLACE WITH TH CITY CAN EVEN USE IT FOUR TIME A YEAR. WE CAN PROGRAM IT AND USE THAT. IT'S INTENDED TO BE A REALLY UNIQUE DRAW . I THINK THAT IS WORTH INCENTIVIZING.

THAT IS WORTH SAYING LET'S MAK SOMETHING UNIQUE AND DIFFERENT AND SOMETHING THAT ISN'T AROUND ANYWHERE ELSE. THE TYPE OF PEOPLE WHO ARE GOING TO BE WANTING TO COME HERE ARE GOING TO BE DIFFERENT. NOT GOING TO GET LIQUOR STORES. YOU'RE NOT GOING TO GET THE REGULAR WERE RUN-OF-THE-MILL BUSINESSES WHO WANT TO BE IN HERE. YOU'RE GOIN TO GET PEOPLE WHO ARE GOING TO WANT TO REALLY BE A PART OF SOMETHING THAT IS VERY UNIQUE.

AM OPEN TO AND I THINK ONE OF THE THINGS I EMAILED YOU AND BO ABOUT WAS CAN WE GET TO A POIN WHERE IF THERE ARE SOME MEMBERS OF COUNCIL WHO ARE MORE CONCERNED WITH SPECIFIC NAMES I WE CAN GET THOSE NAMES LIKE THE MAYOR SAID . MAYBE WE HAVE A CONTINGENT UPON WHERE THEY'RE WILLING TO COMMIT IN PRIVATE IF THEY AREN'T READY TO MAKE A PUBLIC STATEMENT TO SAY THEY AR COMING BUT IF THEY DO WANT TO SAY WE ARE WILLING TO COME IF THIS DEAL GETS DONE AND MAKE SOMETHING CONTINGENT LIKE THAT IF THEY WOULD BE WILLING TO DO THAT I THINK THAT'S AN APPROPRIATE THING. I THINK THAT'S SOMETHING WE CAN CONSIDER. THAT WOULD BE SOMETHING I WOULD BE WILLING TO CONSIDER. WHEN I LOOK AT THE KIND OF THING WE ARE TRYING TO DO IT IS DIFFERENT. IT'S NOT SOMETHING WE HAVE REALLY DONE BEFORE. TO ME, IT'S WORTH GIVING A TRY BECAUSE THE OTHER THING IS THE AMOUNT OF HURDLE THAT WE ARE REQUIRING THEM TO GO AND TO MEET IN ORDER TO GET THEIR INCENTIVES IS EXTREMELY HIGH. YOU'RE NOT GOING TO GET THAT BY JUST PUTTING SOME FOOD TRUCKS IN AND PUTTING SOME GENERIC LOW GRANT BUSINESSES IN YOU'RE GOING TO HAVE TO PUT SOME BUSINESSES IN THERE THAT ARE REALLY GOING TO GENERATE A LOT OF SALES TAX IN ORDER TO HI THE NUMBERS. TO ME, THIS TOTALL MAKES SENSE. I GUESS I DON'T GET WHY IT'S A BIG CONCERN. I DON'T UNDERSTAND WHY WE NEED T GO ON FACEBOOK AND PUT OUT INFORMATION THAT IS INCOMPLETE

AND MISLEADING . >> YOU SAID THERE ARE NO NAMED TENANTS WHICH IS TRUE. YOU ALS SAID THERE WERE NO RESTRICTIONS WE HAVE TALKED ABOUT RESTRICTIONS.

>> WAIT A MINUTE. SINCE POSTIN AND SINCE TODAY WE HAVE NOW RESTRICTED AGAINST USES THAT WERE NOT IN THE ORIGINAL THING.

WHEN WE TALKED ABOUT. >> WE TALKED. WAS IT IN THE

AGREEMENT? >> WE WERE NEGOTIATING IT. I'M JUST NOT TRYING TO CAUSE AN ARGUMENT WITH YOU. ALL I'M SAYING IS I THINK WHAT WE NEED TO DO IS JUST LOOK AT IT FROM WHAT IT REALLY IS AND LOOK AT THE WHOLE THING AS A WHOLE. WE ALL CAN DO IT. I HAVE ZERO PROBLEM WITH TALKING ABOUT IT AND SAYING I'M EITHER FOR OR AGAINST IT ON ITS MERITS. I HAV NO PROBLEM WITH THAT. I REALLY DO FEEL LIKE THIS HAS BEEN MISREPRESENTED ON SOCIAL MEDIA. MOST PEOPLE WHO ARE OUT THERE AND THE PEOPLE I TALKED TO IN THE COMMUNITY ARE WHY EARLY INCENTIVIZING JUST A LITTLE STRIP MALL ? IT'S JUST A LITTLE STRIP MALL AND WE ARE GIVING THEM $3 MILLION. THAT'S HOW EVERYONE IS TAKING IT. THAT'S HOW EVERYONE I'VE TALKED TO.

>> WHAT IN THIS AGREEMENT IS NOT? YOU GUYS ARE MAKING A TON

[02:35:06]

OF ASSUMPTIONS. YOU WANT TO GO IN THE BACK AND SAY WOULD YOU D THIS? I'M OKAY WITH THAT. ALL I'M SAYING IS EVERYTHING YOU GUYS ARE SAYING IS NOT IN WRITING. THAT'S WHAT GOT US IN TROUBLE OF THE CO-OP. YOU ARE MAKING ASSUMPTIONS AND I AM CLAIMING FAX. YOU KEEP MENTIONING THAT RESTAURANT SALE ARE GOING TO HAVE RESTAURANTS TO GET THESE ANNUAL SALES.

NOWHERE IN HERE DOES IT SAY TH SALES NUMBER COMES FROM

RESTAURANTS? >> I NEVER SAID THAT. I NEVER SAID ALL THE MONEY WOULD COME FROM RESTAURANTS. I DIDN'T.

HOWEVER IS IN THE AUDIENCE WHO IS SPEAKING UP I NEVER SAID THAT. THEY ARE A BIG PART OF IT BUT THAT'S NOT THE TOTAL.

THERE'S GOING TO BE FOR RESTAURANTS PLUS A BUNCH OF OTHER STUFF. THEY WILL BE ABLE TO HIT THAT WITHOUT A BUNCH OF

RESTAURANTS. >> HAD YOU KNOW? DO YOU KNOW RETAIL SALES OF AT&T CENTER IN TOWN? I DON'T KNOW.

>> I'M IN FAVOR OF THIS. I SAID MY PIECE. I THINK THERE IS A BUNCH OF OTHER COUNCILMEMBERS WHO PROBABLY WANT TO SAY

THERE'S. >> I'M NOT TRYING TO ARGUE WITH YOU. I'M TRYING TO UNDERSTAND.

>> YOU HAVE MISREPRESENTED THEM

>> DO YOU HAVE ANY OTHER QUESTIONS OR COMMENTS?

>> YES. SEVERAL. WE KEEP SAYING WHAT IS HOW-TOS VISION AND WHAT DO WE WANT IT TO LOOK LIKE. I DON'T KNOW IF CHENEY HAS THE MARKUPS THERE OF WHAT THIS IS GOING TO LOOK LIKE. IT HAS THE P COUNTRIES, THE GROVE. I BELIEVE IT SAYS 100% NOW.

THAT IS DIFFERENT. IT'S NOT JUST GOING TO BE A STRIP MALL.

IT'S NOT GOING TO BE A CONCRETE JUNGLE. THIS IS DIFFERENT. TO SAY IT'S GOING TO BE JUST SOME STRIPMALL IS COMPLETELY INACCURATE AND THAT'S NOT WHA WE HAVE SHOWN. IT IS IN WRITIN THE QUALITY OF THE BUILDING MATERIALS. I CAN'T REMEMBER THE AND I DON'T HAVE IT PULLED UP I THIS MOMENT TO GO THROUGH AND TELL YOU BUT I REMEMBER READING THE VERY HIGH QUALITY OF ITEMS ARE PART OF THE BUILDING MATERIALS ARE SPELLED OUT. I WOULD ARGUE WHERE YOU GETTING THIS 200 SQUARE FOOT -- WHERE ARE YOU GETTING THAT INFORMATION? IS THAT INFORMATION USING THESE HIGHER BUILDING MATERIALS? I WOULD ARGUE THAT IT'S NOT. WHAT WE COULD BE GETTING HERE COULD BE MULTIFAMILY. BUT WE COULD BE GETTING IS A WHOLE LOT DIFFERENT. I THINK WE ARE GETTING A WHOLE LOT BETTER OF A PRODUCT HERE THEN WE COULD BE GETTING. THE BENEFIT OF HUTTO AGREE WITH WHAT THE MAYOR SAID HOW MANY TIMES HAS THIS GONE T EDC AND PAST? THE ONLY CHANGES THE EDC HAVE NOT SEEN ARE THE MORE SPECIFIC CHANGES THIS COUNSEL HAS ASKED TO PUT IN THERE. THEY'VE BEEN PUTTING MORE AND MORE SPECIFIC THINGS .

TO SAY THAT IT HASN'T APPROVE THIS AGREEMENT IN TECHNICALITY YES IS CORRECT. AGAIN, THAT'S MISCHARACTERIZATION TO MAKE IT SOUND LIKE THE EDC HASN'T ONLY SEEN THIS NOT ONCE BUT TWICE.

AS FAR AS WHO IS GOING INTO PRESIDENT THE WHOLE GROCERY STORE THAT WAS COMING OR ISN'T COMING IS A WHOLE MOTHER DEBACLE. IF YOU WANT TO SET THAT PRESIDENT WHY GO OVER A PIECE OF PROPERTY? IS THAT THE PERSON WE WANT TO SET THE START PROMISING PEOPLE WITH THOSE KIN OF THINGS ON THE TABLE GOING ON IN THE BACKGROUND? I JUST TRUL DON'T UNDERSTAND WHAT THE DIFFERENCE IS BETWEEN SAVE THA PROJECT AND WHY YOU WERE SO ADAMANT AND FOR THAT PROJECT BU THEN THIS PROJECT FOR WHATEVER REASON YOU ARE NOT. I THINK THIS GOES BACK TO THE VISION OF HUTTO AND WHAT YOU WANT. I THINK THIS HAS POTENTIAL. THE BUILDING MATERIALS ARE LAID OUT AS SAID THIS ISN'T COMING OUT OF TAXPAYER DOLLARS PAYING $3 MILLION RIGHT OFF THE GET-GO.

THAT IS MISCHARACTERIZATION AN NOT TELLING OF THE FULL FACTS.

THAT'S ALL THAT I HAVE AT THIS MOMENT.

>> OKAY. BASED OFF OF THE CONVERSATION OF WHETHER TO

[02:40:02]

INCENTIVIZE OR NOT TO DO IT. WITH THE COMMERCIAL ASPECT OF EVERYTHING. YOU WANT A GOOD QUALITY PRODUCT. THEY ARE BRINGING UP SPECS OF WHAT THEY ARE WANTING TO BRING WITH THE VISION AND THINGS OF THAT SORT AND MAINTAINING THE TREE GROWTH. SO, ON THE FLIPSIDE WHEN YOU DON'T INCENTIVIZE IT I MAYBE ON THE EAST SIDE ARE ON OF THE STRIP MALLS THAT YOU SEE THERE . THAT'S GREAT. THEY DEVELOP THEM THERE ARE BUSINESSES THERE THAT ARE OPERATING AND CONTRIBUTING TO THE TAX BASE. THERE ARE LIQUOR STORES AND NAIL SALONS. MAYBE THERE WOULD BE ONE. WE CANNOT PICK AND CHOOSE WINNERS AND LOSERS . THAT IS HER HOMEGROWN BUSINESS. SHE IS SUCCESSFUL.

WE CAN'T SAY BECAUSE YOU AREN'T GOING TO GENERATE THIS MUCH REVENUE WE DON'T WANT TO INCENTIVIZE YOU. THAT'S A PROJECT THAT IS NOT INCENTIVIZED. NAIL SALONS , THAT IS THEIR BUSINESS. IF THEY WANT TO BE SUCCESSFUL THEY CAN BE. WHENEVER A BIG DEVELOPER COMES IN WANTING TO DO SOMETHIN SPECIFIC AND WANTING TO GENERATE BIG NUMBERS AND GET INCENTIVES BACK I THINK THIS PROJECT IS GREAT. I CAN'T WAIT TO SEE WHAT IT LOOKS LIKE. THE DEVELOPERS ARE IN IT TO MAKE MONEY. THEY WANT TO MAKE MONEY. THESE DEVELOPERS ARE GOING TO MAKE THIS. I WOULD HOPE THAT THEY WANT TO MAKE THIS THE BEST PROJECT THAT THEY'VE EVER DONE. THEY DON'T WANT TO BE A LOSER I THIS. I WANT TO SEE THEM KNOCK IT OUT OF THE PARK AND NOT IN 1 OR 15 YEARS . DO IT IN SIX OR SEVEN SO WE GET THE 100% SALES TAX BACK. THEY GET THE RESTAURANTS IN THEIR AND ARE SUCCESSFUL. THAT'S WHAT I WANT TO SEE. HOPEFULLY THAT IS THE CASE. IN ADDITION TO WHAT THE MAYOR SAID AS WELL THEY ARE PUTTING 20 TO 50 MILLION IN THE GROUND INFRASTRUCTURE ABOVE GROUND IN THE BUILDINGS.

INCENTIVES OBVIOUSLY PROPERTY TAX VALUE WOULD INCREASE BASED ON THESE IMPROVEMENTS AS WELL.

>> OKAY. >> THE BEST THING I GOT OUT OF THIS WAS WE CAN'T WAIT TO SEE WHAT IT LOOKS LIKE. THAT'S THE PART THAT SCARES ME. WE DON'T KNOW AND WE ARE HOPING .

>> THE PROBLEM I HAVE IS THE RETURN. THE ECONOMIC RETURN IS PART OF WHY YOU DO ECONOMICS AND YOU WANT TO PUT MONEY OUT SO YOU MAKE A RETURN BACK. THE CITY DOES NOT MAKE VERY MUCH FO RETURN ON THIS AT ALL FOR QUITE SOME TIME. THAT'S THE BIGGEST PROBLEM I HAVE. WE GET THE GROVE AND ACCESS FOR IF YOU OFFENSE A YEAR THAT IS WORTH SOMETHING BUT THERE IS A GAP BETWEEN WHAT WE ARE GIVING AND WHAT WE GET BACK AND THE BENEFIT. IT JUST DOESN'T MEET NOT HAVING A NICER LOOKING BUILDING AT THAT AMOUNT. IT'S A NUMBERS ISSUE WITH ME.

[02:45:08]

>> I WOULD ALSO SAY IF IT DOESN'T HAPPEN IT GOES TO THE IMMUNITY CENTER WITH MORE RESIDENTIAL THIS GIVES ANOTHER PLACE AS A DESTINATION FOR PEOPLE TO GO. IT ALSO TIES TOGETHER THE CONCEPT OF LIVE OA GOING ALL THE WAY FROM THAT CORNER THROUGH THE CO-OP PAST CITY HALL AND DOWN AS WE CONSIDER THIS BEING A MAJOR CORE DOOR OF REALLY NICE PLACES FOR PEOPLE TO GO IN THE CITY WHICH I COMMITTED AND RAN THAT WAS MY GOAL TO HAVE MORE PLACES TO WORK LIVE AND PLAY.

THIS WILL BE ONE OF THOSE PLAY PLACES WHERE PEOPLE CAN GO AND HAVE FAMILY EVENTS AND HAVE THIS REALLY AMAZING ENVIRONMENT THIS IS ONE OF THOSE THINGS I THINK WILL GET US THERE. YOU'R NOT GOING TO GET THAT PRODUCT BECAUSE THEY ARE GOING TO GO WITH THE CHEAPEST THING AND NOT BE WHAT AN UPSCALE THING LIKE YOU SAID IN GEORGETOWN. THE DOMAIN HAVE THOSE KIND OF THING THAT JUST DON'T GET BILLED. THE DO GET INCENTIVIZED. IT'S NOT HUGE RETURN IN THE SHORT TERM AND ARE ALSO GETTING TAX GROWTH FOR ALL THE OTHER AS WELL AS THE CITY . WE'RE GOING TO HAVE A REALLY NICE DESTINATION FOR S MANY PEOPLE ARE GOING TO BE GLAD YOU HAVE THE VISION TO DO THIS.

>> DO WE COLLECT PROPERTY TAXE OFF OF THAT?

>> I WOULD ASSUME SO. IT WOULD BE AN IMPROVEMENT TO THE

EXISTING PROPERTY. >> I CAME IN LATE IN THIS WHOLE PROCESS. LOOKING AT THE RENDERINGS AND UNDERSTANDING COUNCILMEMBER THORNTON THE RETURN ON INVESTMENT IS SUCH A LONG TIME BUT AT THE SAME TIME I DO FEEL THAT WE CONSISTENTLY HAVE THIS LONG-TERM STRATEGY AND THIS LONG-TERM OUTLOOK AND NOT A LOT OF SHORT-TERM OPPORTUNITIES TO GET US TO THIS LONG-TERM OUTLOOK THAT WE KEEP TALKING ABOUT. IF WE CAN HAVE SOMETHING THAT'S GOING TO BE A DESTINATION BUT ALSO SOMETHING THAT IS GOING TO REALLY BE A DRAW FOR PEOPLE AND OTHER CITIZENS I THINK IT ADDS TO THE QUALITY OF LIFE. WE TALK ABOUT LIVE WORK AND PLAY IN HUTTO. THIS PROVIDES SOMETHING FOR US TO HAVE THAT QUALITY OF LIFE. WE CONSISTENTLY ASK FOR VOLUNTEERS. WE ASK FOR VOLUNTEERS ON BOARDS AND COMMISSIONS AND HOW THIS HAS BEEN BROUGHT TO THE EDC BACK AN FORTH. THEN WE DON'T TAKE THE RECOMMENDATIONS OF THE CITIZENS I DON'T UNDERSTAND WHY PEOPLE WOULD VOLUNTEER TO BE ON ANY O OUR BOARDS AND COMMISSIONS IF W CONSISTENTLY JUST LOOK. WE KNOW BETTER. I DO AGREE. IT DOES SE US UP FOR SHORT-TERM OUTLOOK BUT IN THE LONG TERM I DO THINK IT PROVIDES MORE BENEFIT THAN THE OUTWEIGHED SHORT-TERM FOR RIGHT NOW.

>> PART OF THE PROBLEM I HAVE WITH WHAT YOU JUST SAID I AGREE TO APPOINT. WE NEED TO HAVE A CONVERSATION WITH THE EDC AND W NEED TO HAVE A WORKSHOP THAT IS NOT TIME-LIMITED . ONE WHERE W CAN ALL DISCUSS OUR INCENTIVES AND WHAT THE PARAMETERS ARE THA WE THINK IS A GOOD IDEA BECAUSE THAT'S WHAT WE ARE MISSING HERE IT'S WHAT'S KIND OF DONE TO A CERTAIN POINT AND THERE WERE OBJECTIONS. IT MOVED IN THE RIGHT DIRECTION BUT JUST NOT QUITE ENOUGH FOR ME AT THIS POINT. I THINK THAT IS SOMETHING WE NEED TO DISCUSS HO WE DO THAT. IT'S NOT A QUESTIO OF NOT LISTENING TO THE EDC BECAUSE I AM LISTENING. THE DEAL INVOLVES INCENTIVES --

>> I WOULD LIKE A MAKE A MOTION TO TABLE THIS ITEM UNTIL THE AMENDMENT IS BROUGHT BEFORE COUNCIL AND APPROVED AND THE EDC APPROVES THIS AGREEMENT FIRST .

>> I WILL SECOND THAT. >> MY REASON FOR THAT IS WE ARE

[02:50:09]

MAKING ASSUMPTIONS. AN AMENDMEN IS GOING TO SOLVE ALL ASSUMPTIONS AND THEN INSTEAD O ASKING US AND HOPING TO SEE THE BEST WE CAN HAVE SOMETHING FINALIZED AND THE EDC WILL MAKE ASSUMPTIONS AND PASS IT. THE LAST BOAT WASN'T LIKE IT WAS UNANIMOUS DECISION. THAT'S WHY FIGURE TABLING IT MIGHT BE THE

BEST WAY. >> CLARIFYING QUESTION. WHY WOULD ANYONE GO FORWARD WITH A PUN AMENDMENT IF THERE IS NO AGREEMENT ORDEAL ? I DON'T KNOW HOW YOU GET THERE WITHOUT THAT? RIGHT NOW IT WOULDN'T CHANGE THE ZONING IF THERE IS NOT A DEAL. IT DOES SEEM MORE LIKE YOU ARE TRYING TO CREATE A CHICKEN AND EGG EFFECT THAT WOULD NEVER HAPPEN. THAT EGG IS NOT GOING TO GET LAID IF YOU DON'T KNOW YOU HAVE THE

AGREEMENT. >> THE CHICKEN AND THE EGG HAV THE SAME . LOOK AT ALL THE DEVELOPMENT WE DID. WE ARE GOING TO ANNEX YOU IN AND NOW H WILL DO THIS. YOU HAVE A MEETING WHERE YOU SEE WHAT THE HUD IS. WE AGREED TO THE PUD AND THE INCENTIVE AND WE ARE DONE. YOUR AGREEING TO GIVE MONEY OUT TO THEM LATER FIGURE OUT . I'M SAYING YOU RUN THEM TOGETHER. THAT WAY YOU ARE NOT GUESSING WHEN PEOPLE SAY WHAT'S IT GOING TO LOOK LIKE? THERE'S NOTHING IN THERE OTHER THAN A STEEL CONCRETE WOODFRAME BUILDING WHICH I THINK IS ALMOST LIKE 75% WHATEVER THE BUILDING IS. IT DOESN'T HURT THEM. ALL I'M SAYING IS UNTIL THAT'S ALREADY. ASHLEY AND HER GROUP ARE GOING TO MAKE SURE THAT THINGS ARE GOING TO BE SPELLED OUT EXACTLY THEY ARE SAYING THEY ARE. THAT WILL TIE

UP A LOT OF LOOSE ENDS . >> YOUR BIGGEST THING THAT YOU ALWAYS SAY TIME KILLS DEALS. W KNOW PLANNING AND ZONING IS NO GOING TO HAVE THEM ON THE AGEND SO IT WILL BE OVER A MONTH BEFORE THEY CAN POTENTIALLY GET ONTO THAT THEN GO TO THE EDC WHICH WOULD BE AFTER THE PLANNING AND ZONING MEETING. WE ARE TALKING MAYBE AUGUST BEFOR WE TALK ABOUT SEEING THIS AGAIN CALL YOUR VOTE, BUT I WANT PEOPLE TO BE AWARE THAT DOING IT THAT WAY IS BASICALLY JUST NOT TO DO THE PROJECT.

>> THAT TIMING DOESN'T REALLY CHANGE IT. THIS CAN HAPPEN. O

DIFFERENT TIMES. >> HASTE MAKES WASTE. WHEN YOU ARE RUSHING THROUGH SOMETHING YOU ARE GOING TO COME BACK LATE . COUNCILMAN THORNTON SAID WA SERVED ON THE EDC BEFORE WE CAN'T APPROVE THIS AND BREAK AROUND TOMORROW AND START BUILDING COMMERCIAL BUILDINGS. I'M SAYING DON'T GIVE THE INCENTIVES UNTIL YOU SEE THE AGREEMENT THAT THEY ARE SUPPOSED TO BE BUILDING BY. THE HAVEN'T LOST ANY TIME. IF IT KILLED IT BECAUSE OF THAT THEN THEY SHOULD HAVE HAD THEIR PET AMENDMENT TONIGHT WITH US. THAT'S NOT MY FAULT BECAUSE I DON'T DO THAT. AM I WRONG IN THAT?

>> THE DIFFERENCE IS IF THEY HAVE THIS AGREEMENT THEY CAN START WORKING ON THEIR LEASING STUFF TOGETHER WITH THEIR CLIENTS THEN GO FOR THE PUD AGREEMENT TO KNOW EXACTLY WHAT THEY ARE GOING TO ASK FOR BECAUSE THEY WILL KNOW WHAT THE ARE HAVING. YOU ARE RIGHT BUT I KIND OF DISAGREE WITH YOU.

>> ALL RIGHT. WE WILL TABLE IT UNTIL WE HAVE THE PET AMENDMENT ON JUNE 12TH I BELIEVE. HEARING NONE. PLEASE CALL THE

VOTE. >> COUNCILMEMBER CLARK. MAYOR SNYDER. COUNCILMEMBER THOMPSON COUNCILMEMBER COLE ARE.

COUNCILMEMBER KENZIE. COUNCILMEMBER GORDON.

>> MOTION FAILS. 3-4. >> THAT I WILL MAKE A MOTION TO

[02:55:01]

DENY THE AGREEMENT THEN. YOU'V GOT TO RESOLVE THIS SOMEHOW.

HEARING A SECOND. >> I MAKE A MOTION TO APPROVE A

PRESENTED. >> SECOND.

>> APPROVING THE EDPA AS PRESENTED. ANY DISCUSSION ON THE MOTION CRUSTY MARK HEARING NONE. PLEASE CALL THE VOTE.

>> COUNCILMEMBER CLARK. COUNCILMEMBER KENZIE. THERE GORDON. COUNCILMEMBER THORNTON COUNCILMEMBER THOMPSON. THERE

SNYDER. >> MOTION PASSES. 5-2. WITH THAT YOU GUYS WANT TO BREAK FO EXECUTIVE SESSION OR JUST FINIS

UP? >> DO WE HAVE MUCH IN EXECUTIVE

SESSION? >> WE WILL GO ON TO ITEM 13.1 I

[13.1. Consideration and possible action on Ordinance No. O-2023-027 creating a Tax Abatement Zone for property located at 3399 CR 132 Hutto, Texas, a tract of land within the area known as the Megasite as allowed by Texas Tax Code Chapter 312 (First Reading) (Legal) ]

NO OBJECTIONS. HEARING NONE. ITEM 13.1 CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE NUMBER CREATING A TAX ABATEMEN ZONE FOR PROPERTY LOCATED AT 3399 COUNTY ROAD 132 HUTTO, TEXAS , A TRACT OF LAND WITHIN THE AREA KNOWN AS A MEGA SITE A ALLOWED BY TEXAS TAX CODE CHAPTER 312.

>> STAFF IS ASKED TO GIVE A BRIEFING ON THIS ITEM. AS YOU ARE FAMILIAR STATE LAW DOES NOT ALLOW CITIES TO SIMPLY GIVE MONEY AWAY. WE HAVE BEEN ENGAGED IN SOME ECONOMIC DEVELOPMENT ALREADY HERE TONIGHT. THIS IS ANOTHER VERSIO OF THAT. WE ARE ALLOWED TO OFFER INCENTIVES TO RETAIN , ATTRACT OR EXPAND BUSINESSES PARTICULARLY WHEN IT COMES TO PRIMARY JOBS. WHAT YOU HAVE BEFORE YOU TONIGHT IS AN ORDINANCE THAT UPON FIRST READING WILL CREATE A REINVESTMENT ZONE FOR A PROPERTY TAX ABATEMENT. YOU WERE BRIEFED ON THIS ON APRIL 6 YOU APPROVED THE DEVELOPMENT AGREEMENT ON APRIL 20TH AND WE HAD A FIRST PUBLIC HEARING ON MAY 18TH. THE LAW ALLOWS YOU CHOICES. WE CAN DO AN ABATEMEN ON POVERTY TAX , REAL PROPERTY OR SOME COMBINATION OF BOTH.

WHAT YOU HAVE BEFORE YOU IS A STAFF PROPOSAL TO DO A 50% ABATEMENT ON THE PERSONAL PROPERTY , NOT THE REAL PROPERTY. WE HAVE FOLLOWED THE STATUTORY REQUIREMENTS FOR PUBLIC NOTICES AND PUBLIC HEARINGS AND SO TONIGHT YOU AR HAVING THE FIRST READING. WE ANTICIPATE THE SECOND READING WILL BE ON JUNE 15TH AND ANNEXATION TO FOLLOW IN JULY.

THE ACTUAL ABATEMENT WOULD NOT TAKE EFFECT UNTIL ANNEXATION HA OCCURRED. STEPS AFTER THAT WIL APPROVE AN AGREEMENT BY THE ED AND PROPERTY OWNER ON THE DETAILS OF SOME OF THE ABATEMEN PIECES. YOU CAN ATTEND THE HEARING UNTIL TONIGHT. YOU CAN PRESENT THAT TO ANY PUBLIC COMMENTS OTHERWISE IT'S AS RECOMMENDATION THAT IT BE APPROVED ON FIRST READING IF

COUNSEL IS READY. >> THANK YOU. DISCUSSION ON TH

ITEM? >> I HAD A COUPLE QUESTIONS.

JUST TO CLARIFY THE TAX ABATEMENT ZONE WOULD BE THE PAR IN BLUE? WHAT HAPPENS IF SOMEBODY ELSE WANTS TO COME AN BUILD SOMETHING SOMEWHERE ELSE IN THE MEGA SITE AND WE THINK IT WOULD BE A GOOD IDEA TO GET THEM ABATEMENT? WOULD WE CREATE

ANOTHER ZONE ? >> IT WOULD BE A SEPARATE ZONE

HAD A PUBLIC HEARING . >> I THINK WE NEED TO CLOSE A

PUBLIC HEARING NOW? >> IT WAS CONTINUED UNTIL TODAY SO IF THERE'S ANYBODY ELSE TO HEAR IT YOU CAN HEAR THEM FOLLOWING THAT YOU ARE CORRECT IT SHOULD BE CLOSED.

[03:00:02]

>> THIS ONE SINGLE-HANDEDLY -- ABATEMENT.

HEARING. >> AM WAITING TO SEE IF ANYONE

ELSE WANTS TO SPEAK. >> DOES ANYBODY FROM THE PUBLIC

WANT TO SPEAK ON THIS ITEM? >> WE WILL CLOSE THE HEARING AT 10:01. I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE .

>> 13 ONE AS PRESENTED. >> THE MATH ON THIS IS EXTREMEL CLEAR AND BENEFICIAL FOR THE CITY. THIS IS THE RIGHT MOVE.

>> IT'S BEEN A BIG PROJECT. >> ANY OTHER DISCUSSION?

>> PLEASE CALL THE VOTE. >> COUNCILMEMBER THORNTON.

COUNCILMEMBER GORDON. COUNCILMEMBER CLARK.

COUNCILMEMBER THOMPSON. COUNCILMEMBER KENZIE.

[14.2. Consideration and possible action on Resolution No. R-2023-122 regarding the Quarterly Investment Report for Quarter Ended 31 March 2023. (Christina Bishop and Anne LaMere)]

>> MOTION PASSES 7-0. ITEM 14.2. CONSIDERATION AND POSSIBL ACTION ON RESOLUTION NUMBER R-2023-1 TO 2 REGARDING THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED 31 MARCH 2023.

WHILE THEY ARE COMING UP HERE FOR THIS WE ARE BEING ASKED TO ALSO APPROVE SOMETHING THAT I DON'T KNOW WAS IN THE QUARTERL REPORT .

ALL. >> YOU ARE WANTING US TO ACT O FROST BANK INSTEAD OF WELLS FARGO.

>> FOR THE SAFEKEEPING ACCOUNT YES.

>> CAN WE PICK A DIFFERENT BANK

>> IS THE AGENDA ITEM CLEAR ENOUGH TO ALLOW THE RESOLUTION

TO GO IN THAT DIRECTION? >> THE AGENDA ITEM IS WORDED SPECIFICALLY ENOUGH THAT ANYONE WHO HAS AN INTEREST IN THIS TOPIC WOULD BE PAYING ATTENTION AND ANY RESOLUTION RELATED TO THAT ITEM IS CLEAR ABOUT THE APPOINTMENT OF THE INVESTMENT.

AGENDA ITEM REPORT . IT SAYS REQUEST FROM STAFF.

>> SUITE. >> AT EVENING I'M CHRISTINA BISHOP THE CONTROLLER FOR THE CITY. TO MY RIGHT I HAVE THE FINANCE DIRECTOR. WE ARE TWO THIRDS OF THE CITY'S INVESTMENT OFFICERS. IN TONIGHT'S BACK AT YOU HAVE THE INVESTMENT REPORT FOR THE PERIOD ENDING MARCH 31S 2023. WE ARE BEFORE YOU TO PROVIDE A BRIEF UPDATE ON THE INVESTMENT STRATEGY THAT WAS APPROVED LAST QUARTER. TO SUMMARIZE COUNCIL HAD APPROVED OPENING A BROKERS ACCOUNT WITH HILL TOP SECURITIES OPENING A SAFEKEEPING ACCOUNT WITH WELLS FARGO AND INVESTING SOME OF TH CITIES FUNDS AND T-BILLS TO MAXIMIZE INTEREST EARNINGS.

WHILE WE ARE MOVING FORWARD WIT HILL TOP SECURITIES ON THE BROKERAGE ACCOUNT WE ARE NOT AGREEABLE TO WELLS FARGO'S TERM WITH OPENING A SAFEKEEPING ACCOUNT. WE WERE THEN REFERRED TO FROST BANK. WE REVIEWED FROST BANK'S TERMS THROUGH A COST-BENEFIT ANALYSIS TO MAKE SURE IT WAS IN THE CITY'S BEST INTEREST TO MOVE FORWARD WITH FROST BANK. WE FOUND THAT IS TH CASE. TONIGHT WE ARE REQUESTIN YOUR PERMISSION TO OPEN AC KEEPING ACCOUNT WITH FROST BANK AND ANSWER ANY QUESTIONS YOU HAVE ON THE INVESTMENT REPORT THAT WAS IN THE PACKET.

>> THE ONLY QUESTION I HAD IS BASED ON THEIR FEE VERSUS WHAT IT WAS AT WELLS FARGO AND AS W DRAW DOWN MONEY AT WHAT POINT DOES THE FEE -- IS IT SCALED BASED ON THE VOLUME OF MONEY WE HAVE AVAILABLE? THAT'S NOT GOING TO STAY AT 130 MILLION.

[03:05:03]

MY ONLY CONCERN IS THAT IS EATING AWAY ON YOUR INTEREST.

YES WE ARE GETTING 6 MILLION THIS YEAR BUT I WANT TO MAKE SURE WE ARE CALCULATING THAT A WE KNOW THE CASH WILL CHANGE OVER TIME. I WANTED TO KNOW ABOUT THAT.

>> WE DID CALCULATED ON THE 130 MILLION. WE DID NOT PERFORM AN ANALYSIS ON WHAT WOULD HAPPEN IF WE CONTINUED TO REDUCE --

>> WE DID PERFORM AN ANALYSIS AND IT IS STILL COST BENEFICIAL TO GO WITH THE T-BILL ANALYSIS AND THE FEE IS REASONABLE. I THINK WE PUT THE AMOUNT OF THE FEE IN HERE AND IT'S ABOUT $300 PER MONTH. GIVEN THE AMOUNT WE ARE INVESTING IS SO HIGH YET STILL MAKES SENSE TO DO THE INVESTMENT.

>> I THINK YOU WERE ASKING IF W DID NOT HAVE THE FULL 130

MILLION IN THERE IS IT STILL -- >> I'M SAYING IN NINE MONTHS WHEN WE HAVE SOME OF THESE PROJECTS WE ARE GOING TO START DRAWING DOWN THIS MONEY AND YOU LOOK AT WHEN IT WILL NO LONGER BE COST-EFFECTIVE FOR THE 3000 PER MONTH FEE. WE WILL NOT BE AT 130 MILLION. I WANTED TO MAKE SURE Y'ALL ARE COGNIZANT.

BECAUSE IT IS OUR INTENTION TO COME BACK TO COUNSEL QUARTERLY AND TO PROVIDE AN INVESTMENT REPORT. THAT IS A REQUIREMENT OF STATE LAW. WE WILL GIVE YOU A NEW STRATEGY EVERY THREE

MONTHS . >> I THINK IT'S GREAT WE HAVE $130 MILLION READY TO INVEST IN TREASURIES OR EVEN HAVING THIS DISCUSSION BECAUSE BUDGET SEASON IS UPON US. I HOPE WE PLAN ACCORDINGLY TO WHERE WE ARE NOT TAKING MORE FROM PEOPLE THAN WE NEED SO WE CAN INVEST I AND T-BILLS SO WE ARE PLANNING STUFF OUT AND IT IS EXCITING WE ARE MAKING MILLIONS IN INTEREST

AS A CITY. >> I MAKE A MOTION TO APPROVE

R-2023 -122 AS PRESENTED . >> I WILL SECOND THAT.

>> ANY DISCUSSION ON THE MOTION HEARING NONE. PLEASE CALL THE

VOTE. >> COUNCILMEMBER THORNTON.

MAYOR SNYDER. COUNCILMEMBER CLARK. COUNCILMEMBER THOMPSON.

COUNCILMEMBER KINSEY. >> MOTION PASSES 7-0. THIS

[14.3. Consideration and possible action on Resolution No. R-2023-099 authorizing the City Manager to execute an agreement with AGH20 to replace the Fritz Park pedestrian bridge deck at a not to exceed the amount of $75,977.00 (Jeff White)]

BRINGS US UP TO ITEM 14.3. CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R-TRAN07 . AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO A GH 20 TWO REPLACE THE FRITZ PARK PEDESTRIAN BRIDGE DECK AT A NOT TO EXCEED THE

AMOUNT OF 75. >> JEFF WHITE DIRECTOR OF PARK AND RECREATION. STAFF IS REQUESTING THE CITY MANAGER ENTER INTO AN AGREEMENT WITH AG H2O FOR THE BRIDGE DECK REPLACEMENT. AS YOU KNOW THIS IS AN ICONIC LANDMARK IN HUTTO IT'S A PEDESTRIAN BRIDGE ALONG THE TRAIL. IT IS A POPULAR BACKDROP FOR FAMILY PHOTOS AND GRADUATIONS. HERE IS A MAP FOR YOUR REFERENCE. I THINK MOST PEOPLE KNOW WHERE IT'S AT BUT I IS THE STEEL STRUCTURE BRIDGE. SOME HISTORY ABOUT THE BRIDGE I WAS DONATED IN 2006 BY FRANKIE LIMMER IN MEMORY OF HIS SON.

IT'S APPROXIMATELY 84 FEET LONG IN 2022 WE HAD A STRUCTURAL ANALYSIS CONDUCTED ON THE BRIDGE. IN 2021 STAFF HAD CONCERNS ABOUT THE CONDITION OF THE BRIDGE AND SAFETY SO WE PU MONEY IN THE BUDGET TO HAVE A BRIDGE ANALYSIS. THAT WAS DONE AND FOR VERY 2022. THEY DID A STRUCTURAL ENGINEERING REPORT AND THE REPORT RECOMMENDED WE REPLACE THE DECK AS ONE OF THE FIRST STEPS. WE ALLOCATED FUNDS IN THE 2022-23 BUDGET AND IT WAS DESIGNED AND BIDS WERE RECEIVED CONSISTENT OF REMOVAL OF THE EXISTING DECK INSULATION AND NUMBER ONE TREATED YELLOW PINE WHICH IS MORE RESISTANT TO ROT AS WELL AS PROTECTING FROM INSECTS. NUMBER ONE IS KIND OF LIKE A COMMERCIAL. NUMBER TWO I RESIDENTIAL. NUMBER ONE IS MOR FOR COMMERCIAL GRADE. HERE ARE SOME IMAGES OF THE CURRENT BRIDGE . YOU CAN SEE WE ARE STARTING TO DETERIORATE. THE PROCESS TO PUT OUT FOR BID RFP

[03:10:06]

23 AT TWO WAS PUT INTO TAYLOR PRESS ON MARCH 22ND AND 26 AND APRIL 2ND. SEALED BIDS WERE OPEN ON APRIL 11TH. LLC WAS TH ONLY BETTER FOR A PRICE OF 75,000 AND THE PROJECT TIMELINE IS JULY 10TH THROUGH AUGUST 8TH. THIS CONCLUDES MY PRESENTATION AND I WILL BE HAPPY TO ANSWER ANY QUESTIONS

YOU HAVE. >> QUESTIONS FROM COUNSEL?

>> IS THIS MONEY COMING OUT OF THE ACCOUNT OR WHATEVER YOU WAN

TO CALL IT? >> IT IS BUDGETED.

>> IS THIS UNDER BUDGET OR OVER

>> THIS IS SLIGHTLY OVER WHAT W ANTICIPATED BUT WITHIN WHAT WE

HAVE. >> WHAT'S THAT MEAN?

>> I CAN'T REMEMBER WHAT THE NUMBER IS. $230,000 IN THERE.

WE HAVE $80,000 LEFT. SOME OTHER PROJECTS WE HAD DONE CAME UNDER BID. WE HAD SOME SAVINGS IN THERE.

>> WHAT'S LEFT ? WE HAD ANOTHER DEPARTMENT SPEND MONEY AND THEN CAME BACK AND ASKED US FOR A BUDGET AMENDMENT TO GET MONEY T DO WHAT WE BUDGETED FOR THEM TO DO. WHAT'S LEFT IN HERE? HOW MUCH ARE WE OVER BUDGET ON THIS

>> THE FORECAST WAS 60,000. WE CONSULTED AND THEY SAID THEY ARE SEEING THIS ON AVERAGE 25% ABOVE WHAT THEIR PROJECTIONS ARE ON THIS TYPE OF BUDGET. WE ARE IN THE SCOPE BUT NOT WHAT THEY FORECASTED THEIR AMOUNT WOULD BE.

>> I THINK WHAT YOU'RE GETTING AT IS THERE ANY OTHER PROJECTS

THAT YOU HAVEN'T DONE YET? >> IN THAT OUTLET FUND WE HAD 12, WE HAD THE IRRIGATION , WE HAVE THE LIGHT AND WE HAD THIS PROJECT. WE MOVED THE IRRIGATION MONEY TO THE PARKLAND DEVELOPMENT SO THIS IS THE LAST ONE WE HAVE LEFT.

>> WE HAVE 80,000 LEFT? >> WE HAVE 80,000 NOW. AFTER THIS WE HAVE ABOUT 5000 LEFT. WE HAVE THE MONEY SET ASIDE IN THIS YEAR'S BUDGET TO COVER THIS.

>> IS THERE ANY OTHER MAINTENANCE THAT IS FOR COMING

THAT YOU CAN ESTIMATE? >> NOT FOR THIS AND NOT FOR

THAT CAPITAL LINE ITEM. >> IS THIS A SHORT WINDOW TO WHERE IT'S PUT OUT AND NINE DAYS LATER IT IS OVER AND YOU ARE PICKING SOMEBODY? DO YOU NORMALLY HAVE MORE TIME THAN A

COUPLE WEEKS TO SEE IT AND BID? >> THIS FALLS UNDER A

PROCUREMENT PROCESS. >> I WOULD SUGGEST SINCE YOU ONLY HAVE ONE PERSON GOING FORWARD TO GIVE SOMEONE 14 DAYS TO READ IT IN THE PAPER. I'VE HEARD CONTRACTORS READ THE PAPERS BUT GIVEN 14 DAYS IT'S GOING TO BE GREAT FOR THE CITY WHO WORKED BEFORE AND WE DID EMAIL THEM TO LET THEM KNOW THI

IS AN OPPORTUNITY TO GET ON. >> MAYBE IF WE OPEN UP LIKE 30 OR 45 OR SOMETHING. 14 DAYS TO GET IN AND GET YOUR STUFF AND GET IT DONE MAYBE IS ONE REASO WE ONLY GET ONE PERSON TO BID.

IT'S A SMALL JOB. I DON'T KNOW.

>> GENERALLY SPEAKING THE DATE WINDOWS VARY DEPENDING ON THE COMPLEXITY OF THE PROJECT. IF THIS WERE A $40 MILLION ROAD PROJECT IT WOULD NOT BE A 14 DA FITTING WINDOW BUT IT WAS EFFECTIVELY A FAIRLY SIMPLE RECONSTRUCTION PROJECT SO 14 T 21 DAYS IS USUALLY PRETTY COMMO TO WHAT I'M USED TO SEEING.

COULD WE MAKE A POLICY TO WHER WE ARE SAYING NO MATTER WHAT WE WILL HAVE BIDS OPEN FOR 30 DAYS WE CAN DO THAT.

>> ONE LAST QUESTION. THEY HAV TO PUT UP 5% BOND? WHAT IS TH

5% BOND THEY HAVE TO DO? >> I BELIEVE THAT IS JUST FOR

-- LET ME CHECK. >> I THINK THAT'S KIND OF WHAT THEY HAD TO DO. UP ON FOR 5% O THE COST.

>> HOW DO WE CASH IN ON THAT? WHAT DO THEY NOT DO AND NOT

PERFORM? >> I WILL HAVE TO CHECK TO SEE ON THAT. WE WILL HAVE TO CONFIR WITH THEM ON THAT AND GET BACK

WITH YOU ON THAT. >> DO YOU KNOW?

>> GENERALLY THE BID BOND FIVE PERCENTS ARE USUALLY -- I'M LOOKING AT THE FILE RIGHT NOW T SEE IF IT'S SOMETHING DIFFERENT

[03:15:02]

OR UNIQUE. >> WE USED TO HAVE 10% WAS OUR BOND AND THEN WE HAD THE ISSUE AND IT WAS LIKE WE ONLY GOT 10 OF THE COST SO I WAS READING THROUGH THIS AND I DON'T KNOW.

>> I DON'T KNOW. THE SHORT OF IT IS THAT WHENEVER YOU SEE BONDS LIKE THIS THAT ARE 5% IT'S USUALLY WITHHOLDING 5% UNTIL THEY COMPLETE THE PROJECT THEY CAN DO ALL THE WORK AND UNTIL WE ARE ACCEPTING THE PROJECT THEN WE WILL PAY OUT TH LAST 5%. IT'S VERY SIMILAR WITH CONTINGENCIES. THIS DOESN'T LOOK TO BE AN INSURANCE POLICY BUT I'M LOOKING TO SEE IT SAYS THERE IS A $20 MILLION -- SO THE SHEET BEFORE THE 5% BOND YOU WANT TO WEIGH IN ON ANY OF THIS? THE SHEET RIGHT BEFORE I SAYS THAT IS THE INSURANCE. TH NEXT SHEET IS THE BID BOND.

THAT IS THE 5% OF THE BID AMOUNT.

>> YOU TEAR THE BRIDGE UP AND SCRAP IT. WHAT WAS THE NAME OF THE DIRT GUY THAT DID THAT? THEY WENT OUT OF BUSINESS IN TH MIDDLE OF BUILDING THE ROAD. THIS GUY COMES IN AND TEARS OF THE BRIDGE AND SAYS I CAN'T DO THE WORK ANYMORE. WE ARE GETTING 5% COST TO REPLACE THE BRIDGE. WE WILL MAKE SURE -- I DON'T KNOW IF THIS WAS NOW YO HAVE ME CONCERNED BECAUSE IF NOBODY KNOWS WHAT IT IS HOW DO WE PASS THIS AND CROSS OUR FINGERS AND HOPE THAT NOTHING BAD HAPPENS.

>> WE USED HIM BEFORE. HE HAS BEEN VERY GOOD BY MEETING OUR DEADLINES AND COMPLETING WORK A ASSIGNED AND ACTUALLY DOING

OVER WHAT WE ASK HIM TO DO. >> EVERYONE ALWAYS DOES GOOD UNTIL IT'S THAT ONE TIME. I DIDN'T KNOW WHAT A BOND WAS .

>> WE DO NOT PAY OUT UNTIL THE WORK IS COMPLETED.

>> I DON'T WANT SOMEONE TEARING THE BRIDGE OUT.

>> WE DO HAVE ANOTHER OPTION A WELL SO IF THAT DID COME ABOUT THERE ARE STILL PEOPLE WHO CAN USE THE TRAIL.

>> I DIDN'T MEAN TO STOP ANYBODY.

>> IT'S A GOOD QUESTION. WHEN I HAVE SEEN THESE THEY ARE IN THE FORM OF A WITHHOLDING FROM TH FINAL PAYMENT UNTIL EVERYTHING IS SATISFIED AND ALL THE DOTS -- ALL THE T'S ARE CROSSED. IT' MORE LIKE A WITHHOLDING AND WE WILL NOT PAY OUT THE FINAL 5% UNTIL SATISFIED WITH THE FINAL PROJECT. POST FISCAL IS I'M GOING TO GUARANTEE I WILL DO XY SO YOU CAN GIVE ME PERMISSION T DO THIS OTHER THING. YOU'VE GOT SOME ENGINEER INSIGHTS?

>> I'VE GOT WHAT GOOGLE SAYS WHAT A BID BOND IS. A BID BOND IS TYPICALLY USED A PERCENTAGE OF THE BID AND IT BASICALLY FORCES THEM TO START WORK. IF THE DOOR START WORK THEN WE CAN PULL THAT BOND AND GET REIMBURSED SO WE CAN LOOK AT ANOTHER CONTRACTOR. IT BASICALLY PAYS US FOR THE

HEADACHE. >> PRETTY MUCH.

>> THE GENERAL LIABILITIES 20 MILLION. THAT'S THE LIABILITY .

ON THE ROAD. >> NOT IN THIS PARTICULAR CASE.

WE WILL MAKE SURE WE PROVIDE OVERSIGHT AND INSPECTIONS AND

THINGS LIKE THAT. >> IS 5% THE STANDARD?

>> I BELIEVE SO. >> TO JEFF'S DEFENSE 5% IS WHA THEY PUT INTO THEIR REQUIREMENT THE ENGINEERING FIRM IS THE ONE THAT PICKED THE NUMBER AND THEY WILL KNOW WHAT THE INDUSTRY STANDARDS ARE. YOU DON'T WANT T MAKE THESE THINGS TOO ONEROUS BECAUSE EVERY ADDITIONAL REQUIREMENT YOU PUT ON RAISES THE COST OF THE BID. IF YOU HAVE TO HAVE THIS EXTRA THING O THAT EXTRA THING OR WE ARE GOIN TO WITHHOLD MONEY THAN THE PRICES KEEP GOING UP. IT MAY SURPRISE YOU . WHATEVER WE ASK FOR INSURANCE WE ARE PAYING FOR

>> 100%. I'VE BEEN HERE WHEN W HAD TO GET IN AND GO AND

[03:20:05]

WHATEVER THAT ROAD WAS IS OUT B TITAN. WE PAY THEM MONEY THEY BORE IT ALL UP AND THEN WE HAD TO GO BACK AND REBID IT AND RED IT. IT WOULD BE NICE TO HAVE BETTER INSURANCE ON BROOKLYN. I GET INSURANCE IN THE MATTER SOMETHING BAD HAPPEN. IT'S ONL

75,000. ANY OTHER QUESTIONS? >> I MAKE A MOTION TO APPROVE A

PRESENTED. >> SECOND.

>> APPROVING 14.3 AS PRESENTED. ANY FURTHER DISCUSSION? HEARING NONE. PLEASE CALL THE VOTE.

>> COUNCILMEMBER THOMPSON. COUNCILMEMBER KINSEY. MAYOR SNYDER. COUNCILMEMBER CLARK. COUNCILMEMBER THORNTON.

[15. CONSENT AGENDA ITEMS]

>> MOTION PASSES 7-0. IF THERE ARE NO OBJECTIONS I WOULD LIKE TO PULL ITEM 15.4. HEARING NON WE WILL OFFER UP ITEMS 15.1,

15.3 AND 15.5 FOR ACTION. >> I MAKE A MOTION TO APPROVE ITEMS 15.1, 15.2, 15.3 AND 15.5 AS PRESENTED.

>> SECOND. >> ANY DISCUSSION ON THE MOTION HEARING NONE. PLEASE CALL THE VOTE.

>> COUNCILMEMBER GORDON . COUNCILMEMBER CLARK.

COUNCILMEMBER THOMPSON. COUNCILMEMBER KINSEY. MAYOR

SNYDER. >> MOTION PASSES 7-0. ITEM 15.

[15.4. Consideration and possible action on Ordinance No. O-2023-015 amending the Budget for the Fiscal Year of October 1, 2022 through September 30, 2023 for mid-year budget amendment (Second Reading) (Anne LaMere)]

CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE NUMBER O-2023-015 AMENDING THE BUDGET FOR THE FISCAL YEAR OF OCTOBER 1ST, 2023 SUE SEPTEMBER 30TH, 2023 FOR MIDYEAR BUDGET AMENDMENT. I HAD TO PULL THIS BECAUSE OF THE LAST MEETING I ASKED FOR SOME INFORMATION REGARDING TRANSFERS AND THINGS THAT WASN'T READY YET. SO I'M LOOKING TO TABLE THIS UNTIL WE KNOW SOME OF THE DETAIL ON EXPENSES AND TRANSFERS MADE. I CASE IT AFFECTS THE BUDGET AMENDMENT.

>> FINANCE DIRECTOR FOR THE RECORD.

>> GOT YOU IN HERE BEFORE MIDNIGHT.

>> HE DID ASK SOME QUESTIONS ON SOME TRANSFERS BUT THOSE WERE INTERDEPARTMENTAL TRANSFERS AN THOSE WERE ATTACHED TO THE FINANCIAL REPORT. I AM WORKING THAT SCHEDULE AND I'M HOPING T HAVE IT TO YOU I WOULD SAY BY MONDAY.

>> YOU'RE RIGHT. IT WAS ON THE FINANCIAL REPORT. I GUESS IN A WAY IT IS HIJACKING AN ITEM. I DON'T KNOW WHAT ACCOUNTING SOFTWARE WE ARE USING. I'VE NEVER USED IT. THIS GOES BACK TO THAT CONVERSATION ABOUT 75,000 EXPENSES THAT MOVE FROM ONE LINE ONTO ANOTHER AND INCREASED MEALS AND EXPENSES AN TRAVEL AND ALL THIS. I MAY WAN TO MAKE A BUDGET. I MAY WANT T CHANGE A BUDGET AMENDMENT AND ZERO OUT A BUNCH OF STUFF IN TH BUDGET IF I HEAR WE WENT ON VACATIONS -- NO, LET'S SAY I DON'T KNOW LOST PINES OR SOMETHING AND I DIDN'T KNOW ABOUT IT AND I FOUND OUT WE SPEND TENS OF THOUSANDS OF DOLLARS ON SOMETHING I DIDN'T KNOW ANYTHING ABOUT I MAY SAY I WANT TO TAKE MONEY OUT OF THA BUDGET TO MAKE UP FOR IT. THIS IS MY ONE EVERY SIX MONTHS OPPORTUNITY TO TRY TO FIGURE OUT WHAT IS GOING ON . SINCE I DON'T HAVE THAT INFORMATION I AM LOOKING AT TABLING IT BECAUSE WE ARE NOT IN A HURRY T

DO THE BUDGET AMENDMENT. >> WHAT'S BEFORE YOU IS A BUDGE AMENDMENT. THE INFORMATION YOU ASKED FOR IS NOT IN THAT BUDGET AMENDMENT. THE INFORMATION THAT YOU ASKED FOR IS INTERDEPARTMENTAL TRANSFER AND WE DISCLOSE THOSE TO COUNSEL ON THE FINANCIAL REPORT. SO WHAT YOU ARE TALKING ABOUT IS NOT IN THE AMENDMENT THAT IS BEFORE YOU.

>> IF I WANT TO CHANGE THIS AMENDMENT AND ADD ANOTHER LINE

ITEM I COULD DO THAT. >> YOU COULD. THIS IS THE SECOND READING FOR THIS PARTICULAR BUDGET AMENDMENT. I WOULD ASK YOU TO PLEASE APPROVE THIS BUDGET AMENDMENT AND IF IT

[03:25:02]

IS SO THAT YOU WANT TO AMEND YOUR BUDGET FURTHER THEN WE PROCESS A SECOND BUDGET AMENDMENT TO DO SO.

>> WHAT IS PASSING THIS TODAY DO TO HELP US OUT? WHY CAN'T I

WAIT TWO WEEKS? >> IT CAN WAIT TWO WEEKS , HOWEVER THIS IS THE SECOND READING. COUNSEL HAS APPROVED I PREVIOUSLY. THIS WAS SOMETHING THAT COUNSEL HAD REQUESTED THA WE DO A BUDGET AMENDMENT TO LIN UP SOME THINGS THAT WERE NOT CONTEMPLATED LAST AUGUST WHEN THE BUDGET WAS PASSED. ONE OF THOSE ITEMS IS THE INVESTMENT INCOME. $100,000 IN INVESTMENT INCOME WAS PASSED BUT WE NOW KNOW DUE TO INTEREST RATE AND SOME OTHER FACTORS THAT WE ARE GOING TO HAVE $6 MILLION IN

INTEREST. >> SAY THAT ONE MORE TIME. SOM PEOPLE THINK WE ARE LOW ON MONEY.

>> IN THE BUDGET THERE WAS BUDGETED $100,000 FOR INVESTMEN INCOME YET WE NOW KNOW, DUE TO INCREASES IN INTEREST RATES , INCREASES IN BALANCE IMMENSE , DIFFERENT WE WILL HAVE 6 MILLION IN INVESTMENT INCOME THIS YEAR. THAT IS INCLUDED IN THIS BUDGET AMENDMENT. THERE ARE OTHER ITEMS THAT COUNSEL HA PREVIOUSLY APPROVED. ONE OF THE IS THE CLEAR GUV SOFTWARE THAT WAS PURCHASED AND COUNSEL SAID WE WOULD DO A FEATURE BUDGET AMENDMENT FOR THAT. THIS IS KIND OF MAKING RIGHT ALL THOSE THINGS THAT HAVE HAPPENED DURIN THE LAST SIX MONTHS REGARDING THE BUDGET. YOU CAN HAVE AS MANY BUDGET AMENDMENTS DURING

THE YEAR AS YOU WANT. >> I JUST FOUND THAT OUT.

>> IT NEVER WAS THAT. HE WOULD TALK ABOUT ORGANIZATIONAL EFFICIENCIES AND WE TALKED ABOU MIDYEAR MAKES MORE SENSE THAN QUARTERLY OR WHATEVER. I WOULD LIKE TO MAKE A MOTION TO APPROV 5.4 ON SECOND READING AS PRESENTED.

>> I WILL SECOND 15.4. >> I WON'T BE VOTING FOR THIS BECAUSE YOU HAVE MONEY BEING SPENT AND YOU DON'T KNOW WHERE IT'S GOING. I TRIED TO BE NICE AND WE HAVE HAD ISSUES IN THE PARKS DEPARTMENT WHERE ANOTHER CFO SAID GO DO STUFF. WE HAD $75,000 IN SALARIES MOVE OUT O LINE CODE AND MOVE IT TO FOOD, MEALS, TRAINING DEVELOPMENT AN MORE FOOD AND MEALS. VEHICLE ALLOWANCE. WE ARE TOLD THE MONE WASN'T SPENT. WE ARE NOT GETTING ANSWERS. TO ME, JUST KEEP APPROVING STUFF WE'RE ADVOCATING OUR FIDUCIARY RESPONSIBILITY.

>> I COMPLETELY DISAGREE WITH THAT CHARACTERIZATION OF WHAT YOU SAID. FOR THE FOLLOWING REASONS. ONE IS WHAT YOU'RE TALKING ABOUT AS PART OF THIS BUDGET AMENDMENT AT ALL.

SECONDLY WE RECEIVED A FAIRLY DETAILED EMAIL FROM THE CITY MANAGER EXPLAINING WHAT THOSE TRANSFERS WERE AND WHAT WAS GOING ON AND THE PURPOSE BEHIND IT AND WE ARE GOING TO GET THE FULL DETAIL IN THE NEXT PRESENTATION. WE ARE GOING TO GET IT. IT'S NOT GOING TO CHANGE ONE IOTA WHAT IS IN THIS WHAT WE ARE PROPOSING TO PASS RIGHT NOW.

>> I DON'T REMEMBER WORD FOR WORD WHAT IT SAID. I REMEMBER GETTING AN EMAIL SAYING I UNDERSTAND THERE ARE SOME CONCERNS WITH THE INTERDEPARTMENTAL TRANSFERS AN HERE IS THE PURPOSE BEHIND IT AND HERE'S WHAT I'M DOING. HE HAS FULL AUTHORITY TO DO THAT. YOU MAY NOT LIKE IT. HE HAS

FULL AUTHORITY TO DO THAT. >> THAT IS MICROMANAGING MORE.

DIFFERENCE. >> HERE IS MY VIEW. IF SOMEONE COMES UP AND TELLS US I NEED FIVE FTE AND $500,000 WE SAY YES. IF THEY REALLY ONLY NEEDE $400,000 THEY JUST PUT $100,00 YOU CAN MOVE ALL AROUND. WHAT I HAVE BEEN PUSHING FOR MY ENTIR TIME APPEAR IS THAT YOU HAVE T KEEP AN EYE ON THIS STUFF BECAUSE HE COULD SAY HE WANTED FIVE FTES AND COME BACK AND ONL DO FOR AND HAVE 150. IT'S NOT MICROMANAGING BECAUSE WE HAVE TWO JOBS. WHEN $75,000 -- DI YOU GUYS KNOW WE HAVE CORPORATE

RETREATS TO RESORTS? >> WE ARE GOING .

>> DID YOU KNOW THAT? OVERNIGH STAYS AT RESORTS. DID YOU KNOW

THAT IS HAPPENED IN THE CITY? >> I DIDN'T EITHER.

>> YOU SEEM TO HAVE A PROBLEM WITH IT.

>> I DON'T KNOW HOW MUCH IT COSTS. IF IT COSTS $12,000 I

MIGHT HAVE SOME QUESTIONS. >> WE WILL GET THAT INFORMATION

[03:30:02]

IN OUR NEXT REPORT. >> IF YOU DON'T LIKE IT YOU DO ANOTHER BUDGET AMENDMENT. WE HEARD THAT.

>> AM READY TO VOTE. >> PLEASE CALL THE VOTE.

>> COUNCILMEMBER THOMPSON. COUNCILMEMBER KINSEY. MAYOR SNYDER. COUNCILMEMBER KOHLER. COUNCILMEMBER CLARK.

COUNCILMEMBER GORDON. >> MOTION PASSES 6-1. THAT

[16. CITY COUNCIL COMMENTS]

BRINGS US TO ITEM 16. GENERAL COMMENTS FROM CITY COUNCIL.

>> I HAVE A FEW. I JUST WANTED TO REMIND EVERYBODY OF THE CHRIS KELLY 5K COMING UP LATER THIS MONTH. IT WILL BE ON SATURDAY, JUNE 24TH . REGISTRATION IS OPEN. THE RACE IS GOING TO BE AT 8 A.M. . IT'L BE COOL IN THE MORNING. IF YOU WANT TO GET A T-SHIRT REGISTER BEFORE MONDAY JUNE 5TH OTHERWISE YOU CAN RUN WITHOUT THE T-SHIRT . IT'S A 5K. IT'S GREAT. MY OTHER ANNOUNCEMENT I NEXT COUNCIL MEETING ON THURSDAY JUNE 15TH I WILL ACTUALLY BE ABSENT. I'M TRAVELING TO SPEND SOME TIME WITH FAMILY TO ATTEND MY BROTHER-IN-LAW'S WEDDING. JUST A HEADS UP.

>> THANK YOU. >> GOING TO SAY CONGRATULATIONS TO ALL THE 2023 HUTTO HIGH SCHOOL GRADUATES. GOOD LUCK.

>> THANK YOU. >> I WANT TO TELL EVERYONE TO GET OUT THERE AND VOTE. IT MAKE A BIG DIFFERENCE. I WILL GREATL MISS HUTTO. I FEEL LIKE IT'S BEEN MY LAST MEETING FOR A LONG TIME BUT I THINK OFFICIALLY I CAN SAY THIS WILL BE MY LAST MEETING SO I WISH EVERYONE THE BEST OF LUCK . I HAVE THE DEEPEST OF LOVE FOR HUTTO AND THE COMMUNITY AS A WHOLE. I'M SURE I WILL STILL BE AROUND ON WEEKENDS AND THANK YOU GUYS FO

EVERYTHING. >> OTHER COMMENTS? WE WILL MOVE ON TO FUTURE AGENDA ITEMS. I WOULD LIKE TO REQUEST WE SCHEDULE A WORKSHOP WITH THE ED . I THINK THAT GIVES US TIME TO GET OUR NEW NUMBER ON BOARD. I WOULD SUGGEST IT WILL BE TO OUR BENEFIT TO NOT HAVE A TIME-LIMITED. I THINK AN IDEA TO CONSIDER IS ASKING IF IT WOULD WORK ON ONE OF THEIR MONTHLY MEETINGS. OURS ARE USUALLY VERY FULL AND EDC IS USUALLY NOT QUITE SO FULL. IF WE CAN FIND A KNIFE THAT WORKS FOR EVERYBODY WE CAN GET TOGETHER AND HAVE A DISCUSSION THAT HOPEFULLY WILL NOT TAKE AL NIGHT. I DON'T WANT A 40 MINUT DISCUSSION. I THINK WE WILL MAKE A LOT OF PROGRESS IN SETTING UP OUR STAFF TO BE MORE SUCCESSFUL IN BRINGING BACK WHAT WE WANT BECAUSE IT'S A LITTLE BIT HIT AND MISS BECAUS EVERYBODY WANTS TO BE DIFFERENT WE HAVEN'T REALLY HASHED THING

OUT. >> ALL RIGHT. ANY OTHER AGENDA ITEMS? ALL RIGHT. HEARING NONE I GOT A MESSAGE FROM THE CITY MANAGER THAT HE DOES NOT BELIEVE UNLESS YOU ALL DISAGREE THAT WE NEED TO GO TO EXECUTIVE SESSION. THIS MIGHT BE THE FIRST TIME IN LIKE THREE YEARS ONE TIME WE HAD A SPECIAL MEETING WE DIDN'T NEED IT. WE WERE CANVASSING THE VOTES.

>> WE DIDN'T NEED TO DISCUSS THE EMAIL THAT WAS SENT?

>> THAT IS FOR PENDING LEGAL AND WE DON'T HAVE ANYONE HERE.

>> WE WILL HAVE THAT SLATED FOR THE NEXT COUNCIL MEETING.

>> I WILL SAY THAT I EMAILED TO ASK WHY PENDING LEGAL WAS TAKEN OFF BEFORE IT WAS POSTED BUT NEVER GOT A RESPONSE.

>> DID YOU EMAIL ME? >> KNOW I EMAILED THE CITY MANAGER. ARE YOU A PART OF AGENDA SETTING? OH. OKAY.

>> I WOULD JUST EMAIL ME AND TH CITY MANAGER . WE WILL MAKE SURE TO GET AN ANSWER. ALL RIGHT. NO OBJECTIONS TO NOT

[03:35:08]

GOING BACK TO TALK ABOUT PENDIN ECONOMIC DEVELOPMENT PROJECTS? ALL RIGHT. WE WILL ADJOURN THE

* This transcript was compiled from uncorrected Closed Captioning.

1. CALL SESSION TO ORDER

5.2. Pride Month

5.1. Recognition as a 2022 Tree City USA by Arbor Day Foundation - Jonathan Motsinger, Texas A & M Forest Service

6. CITY MANAGER COMMENTS (Part 1 of 2)

7. PUBLIC COMMENT

8.1. Consideration and possible action on Resolution No. R-2023-080, approving the municipal services agreement for the proposed annexation of the Upper Schmidts Creek tract, 40.8 Acres, more or less of land located at the southeast corner of Ed Schmidt Blvd and Limmer Loop. (Ashley Bailey)

6. CITY MANAGER COMMENTS (Part 2 of 2)

8.4. Consideration and possible action on Resolution No. R-2023-125, approving the municipal services agreement for the proposed annexation of the Schmidt Fields tract, 46.778 Acres, more or less of land located along Ed Schmidt Blvd west of Emory Crossing. (Ashley Bailey)

8.5. Conduct a public hearing and possible action on Ordinance No. O-2023-031 for the Planned Unit Development (PUD) zoning ordinance request for the property known as Schmidt Fields Planned Unit Development (PUD), 46.778 acres, more or less, of land, located on CR 119 (First Reading)(Ashley Bailey)

9.1. Monthly Capital Improvement Projects Update Presentation (Matt Rector)

13.1. Consideration and possible action on Ordinance No. O-2023-027 creating a Tax Abatement Zone for property located at 3399 CR 132 Hutto, Texas, a tract of land within the area known as the Megasite as allowed by Texas Tax Code Chapter 312 (First Reading) (Legal)

14.2. Consideration and possible action on Resolution No. R-2023-122 regarding the Quarterly Investment Report for Quarter Ended 31 March 2023. (Christina Bishop and Anne LaMere)

14.3. Consideration and possible action on Resolution No. R-2023-099 authorizing the City Manager to execute an agreement with AGH20 to replace the Fritz Park pedestrian bridge deck at a not to exceed the amount of $75,977.00 (Jeff White)

15. CONSENT AGENDA ITEMS

15.4. Consideration and possible action on Ordinance No. O-2023-015 amending the Budget for the Fiscal Year of October 1, 2022 through September 30, 2023 for mid-year budget amendment (Second Reading) (Anne LaMere)

16. CITY COUNCIL COMMENTS

Jun 01, 2023 City Council

1. CALL SESSION TO ORDER

5.2. Pride Month

5.1. Recognition as a 2022 Tree City USA by Arbor Day Foundation - Jonathan Motsinger, Texas A & M Forest Service

6. CITY MANAGER COMMENTS (Part 1 of 2)

7. PUBLIC COMMENT

8.1. Consideration and possible action on Resolution No. R-2023-080, approving the municipal services agreement for the proposed annexation of the Upper Schmidts Creek tract, 40.8 Acres, more or less of land located at the southeast corner of Ed Schmidt Blvd and Limmer Loop. (Ashley Bailey)

6. CITY MANAGER COMMENTS (Part 2 of 2)

8.4. Consideration and possible action on Resolution No. R-2023-125, approving the municipal services agreement for the proposed annexation of the Schmidt Fields tract, 46.778 Acres, more or less of land located along Ed Schmidt Blvd west of Emory Crossing. (Ashley Bailey)

8.5. Conduct a public hearing and possible action on Ordinance No. O-2023-031 for the Planned Unit Development (PUD) zoning ordinance request for the property known as Schmidt Fields Planned Unit Development (PUD), 46.778 acres, more or less, of land, located on CR 119 (First Reading)(Ashley Bailey)

9.1. Monthly Capital Improvement Projects Update Presentation (Matt Rector)

13.1. Consideration and possible action on Ordinance No. O-2023-027 creating a Tax Abatement Zone for property located at 3399 CR 132 Hutto, Texas, a tract of land within the area known as the Megasite as allowed by Texas Tax Code Chapter 312 (First Reading) (Legal)

14.2. Consideration and possible action on Resolution No. R-2023-122 regarding the Quarterly Investment Report for Quarter Ended 31 March 2023. (Christina Bishop and Anne LaMere)

14.3. Consideration and possible action on Resolution No. R-2023-099 authorizing the City Manager to execute an agreement with AGH20 to replace the Fritz Park pedestrian bridge deck at a not to exceed the amount of $75,977.00 (Jeff White)

15. CONSENT AGENDA ITEMS

15.4. Consideration and possible action on Ordinance No. O-2023-015 amending the Budget for the Fiscal Year of October 1, 2022 through September 30, 2023 for mid-year budget amendment (Second Reading) (Anne LaMere)

16. CITY COUNCIL COMMENTS

Jun 01, 2023 City Council

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