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[00:00:08]

>> ALL RIGHT 7:00 AND WE WILL CALL THE CITY COUNCIL MEETING FOR THURSDAY NOVEMBER 16, 2023 TO ORDER. WE WILL START WITH ROLL CALL. DOING THE REVOCATION FROM THE PASTOR FROM EBENEZER CHURCH.

>> SHALL WE PRAY? DEAR GRACE JUST GOT WE COME NOW TO GIVE YOU THANKS AND PRAISE LORD WE ASK YOU BLESSINGS FOR THE MEETING WE HAVE TODAY AND YOU ARE REPRESENTED IN THE COUNCIL MEMBERS HEAVENLY FATHER. ASSESS AS A WHOLE LORD AND THANK YOU LORD FOR THE CHANGES THAT WE HAVE HERE HEAVENLY FATHER AS WE COME INTO THANKS GIVING WE SAY THANK YOU LORD FOR BEING ABLE TO HAVE ONE MORE YEAR ONE MORE MONTH ONE MORE TIME TO BE ABLE TO SAY INKY LORD. WE GIVE YOU ALL THE HONOR AND PRAISE AS WE LEAVE FROM HERE AND WE ASK YOU FOR PROTECTION LORD AS WE GET TO OUR DESTINATION AND MAKE THEM SAFELY. HEAVENLY FATHER WE GIVE YOU ALL THE WORNHONOR IN

JESUS'S NAME AMEN. >> PLEASE JOIN ME IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS ONE NATION UNDER GOD INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THE TEXAS. ONE STATE UNDER GOD ONE AND INDIVISIBLE.

[5.1. Native American Heritage Month (Mayor Mike Snyder) ]

>> ALL RIGHT, NEXT, WE HAVE A PROP MISSION IN THE COUNCIL WILL JOIN THE UPFRONT.

THEY ARE GOING TO MAKE YOU GET IN THE CENTER ANYWAY. THIS IS A PROCLAMATION RECOGNIZING NATIVE AMERICAN HERITAGE MONTH.

WHEREAS BY AN ACT SIGNED ON JUNE 30, 1834 A TIME KNOWN AS A REMOVAL ERA STARTED WHENEVER 100,000 NATIVE AMERICANS WERE FORCED FROM THEIR HOME IN THE SOUTHEAST REGION OF THE UNITED STATES TO THE NEWLY FORMED INDIAN TERRITORY THAT WAS ALL OF THAT PART OF THE UNITED STATES WEST OF THE MISSISSIPPI AND NOT PART OF MISSOURI OR LOUISIANA. AND WHEREAS THE INDIAN TERRITORY WAS SUBSEQUENTLY FOR THE RESTRICTED TO WHAT IS NOW KNOWN AS OKLAHOMA EXCEPT THAT PART OF THE PANHANDLE AND THE COUNTY OF GREER. AND WHEREAS THE TRIBES OF CHOCTAW, CRETE, SEMINAL, CHEROKEE AND JIGSAW WERE MOVED TO THIS AREA BETWEEN 1830 AND 1843 AND WHEREAS THE TRIBES OF CHEROKEE, CHOCTAW, CHICKASAW, AND TAWNY RELATED TO TEXAS TO THEIR ANCESTRAL LANDS EAST OF THE MISSISSIPPI AND WHEREAS TEXAS WAS HOME TO THE TRIBES OF COMANCHES, APACHES, CU[LISTING] WHO ARE ALSO REMOVED TO THE INDIAN TERRITORY. AND WHEREAS HISTORIANS ESTIMATE THAT BEFORE 1900 THERE WERE MORE THAN 50 NATIVE AMERICAN NATIONS THRIVING IN TEXAS. AND WHEREAS THERE ARE NOW 574 FEDERALLY RECOGNIZED INDIAN NATIONS IN THE UNITED STATES. STATES. AND WHEREAS TODAY THERE ARE ONLY THREE FEDERALLY RECOGNIZED TRIBES WHO HAVE RESERVATIONS IN TEXAS. [LISTING] INCLUDE CRETE HUMPHREY FROM THE KANSAS CITY CHIEFS, ACTOR GIL BIRMINGHAM, COMANCHE NATION ASTRONAUT JOHN HARRINGTON CHICKASAW NATION AEROSPACE ENGINEER MARY GOLDEN ROSS CHEROKEE NATION TO NAME A FEW. AND WHEREAS ON NOVEMBER 1 1990 PRESIDENT GEORGE HW BUSH PROCLAIMED WHAT WAS THEN CALLED

[00:05:05]

NATIONAL AMERICAN INDIAN HERITAGE MONTH AS A NATIONAL CELEBRATION AND WHEREAS ON NOVEMBER 29, 2008 NATIVE AMERICAN HERITAGE DAY IS FIRST CELEBRATED AS A NATIONAL HOLIDAY BY PRESIDENT GEORGE W. BUSH AND WHEREAS ON OCTOBER 8 2009 PRESIDENT BARACK OBAMA SIGNED THE NATIVE AMERICAN HERITAGE STATE ACT OF 2009 DESIGNATING THE FRIDAY AFTER THANKSGIVING AS NATIVE AMERICAN HERITAGE DAY. AND NOW THEREFORE THE CITY COUNCIL THE CITY OF HUTTO DO HEREBY PROCLAIM NOVEMBER 2023 AS NATIVE AMERICAN HERITAGE MONTH.

[APPLAUSE] CHARLES? DID YOU WANT TO SAY A FEW WORDS?

>> BEFORE COLUMBUS DISCOVERED AMERICA IT IS ESTIMATED THAT THERE WERE ABOUT 100 MILLION INDIGENOUS PEOPLE IN THE AMERICAS. SINCE THAT TIME THE POPULATION OF INDIGENOUS PEOPLE HAS BEEN UP AND DOWN AND HAS CERTAINLY AGAIN TO REBOUND. I APPRECIATE THE COUNCIL ACKNOWLEDGING THE ROLE OF INDIGENOUS PEOPLE. I AM THE CHAIRPERSON FOR THE COMMUNITY COUNCIL CENTRAL TEXAS WITH THE CHICKASAW NATION AND THAT IS LOCATED WITH THE HEADQUARTERS HERE IN HUTTO. AND I JUST WANT TO REITERATE THAT WE ARE STILL HERE. AND WE ARE A PART OF THE COMMUNITY AND WE BRING I THINK SOME REALLY IMPORTANT AND INSIGHTFUL PERSPECTIVE THAT WE WOULD LOVE TO SHARE WITH OUR EUROPEAN BROTHERS AND WE ARE STILL WAITING TO DO THAT. THAT IS ABOUT AS FAR AS I WANT TO GO RIGHT NOW.

>> THANK YOU, SIR. ANYBODY ELSE? [APPLAUSE]

[6. CITY MANAGER COMMENTS ]

>>> NEXT THAT BRINGS US TO CITY MANAGER COMMENT.

>> THANK YOU MAYOR, COUNCIL, CITIZENS OF HUTTO JAMES ERB CITY MANAGER. AS THE HOLIDAYS ARE APPROACHING WE WANT TO ANNOUNCE AND RAISE AWARENESS THERE WILL BE SPECIAL HOURS FOR CITY OFFICIALS COMING UP. THE EARLIEST ONE IS ACTUALLY TOMORROW. THE HUTTO PUBLIC LIBRARY WILL BE CLOSED TOMORROW FOR PUBLIC ACTIVITY AND ALSO TOMORROW IS THE ALL STAFF THANKSGIVING EVENTS IN CITY HALL IS SELF WILL BE CLOSED FROM 11:00 TO 2:00 TO ALLOW EVERYONE TO ATTEND THE LUNCHEON. NEXT WEEK THE FOLLOWING WEEK CITY HALL IN THE LIBRARY WILL BE CLOSED FOR THE THANKSGIVING BREAK THURSDAY, FRIDAY AND SATURDAY SO ALL STAFF CAN SPEND TIME WITH THEIR FAMILY AND RECOGNIZE THOSE HOLIDAYS. WE HOPE YOU WILL GET AN OPPORTUNITY TO RECHARGE OVER THE HOLIDAYS AND GATHER WITH FOLKS THAT YOU LOVE AND ARE SPECIAL TO YOU AND OUR FIRST RESPONDERS WHO SERVE US EVERY DAY OF THE YEAR WE ARE ESPECIALLY GRATEFUL FOR THE TIME THEY SPEND AWAY FROM THEIR FAMILIES. IN THE SPIRIT OF THE SEASON OUR COMMUNICATIONS TEAM HAS DESIGNED AN INSTAGRAM FILTER FOR THE COMMUNITY TO EXPRESS GRATITUDE SO IF YOU ARE ON INSTAGRAM VISIT THE CITY OF HUTTO INSTAGRAM PAGE. TAP THE EFFECT ICON AND CHOOSE GRATEFUL FILTER AND TAP TRY IT. AND DON'T FORGET TO TAG THE CITY IN ANY OF YOUR GRATEFUL STORIES AND THOSE WILL BE SHARED ON OUR INSTAGRAM PAGE. SPECIAL EVENTS. OUR HOLIDAY IN HUTTO SPECIAL EVENT IS ON NOVEMBER 25 WITH SHOPS SMALL SATURDAY DURING THE DAY AND A DOWNTOWN TREE LIGHTING FESTIVITIES AT NIGHT. IT CULMINATES WITH THE DOWNTOWN CHRISTMAS FAIR ON SATURDAY DECEMBER 9. I THINK SANTA CLAUS CRAWLS IN THERE SOMEWHERE, TO AND THERE'S A COUPLE OTHER THINGS SO MAKE SURE YOU ARE CHECKING THE ANNOUNCEMENT ONLINE. TODAY WE BOOKED THE DRONE SHOW THAT WILL BE AT THE HOLIDAY EVENTS ON THE TREE LIGHTING NOVEMBER 25. SO EVEN IF YOU DON'T HAVE SOMEONE PERFORMING AT THE CHRISTMAS TREE LIGHTING OR MAYBE YOU WOULDN'T NORMALLY MAKE IT DOWN FOR THAT YOU OUGHT TO COME DOWN AND CHECK IT OUT. IT IS 200 DRONES DOING DIRTY THINGS IN

[00:10:03]

THE SKY FOR 18 TO 20 MINUTES. IT IS BASICALLY A SILENT FIREWORKS SHOW. THAT IS HOW THOSE THINGS WORK. ALSO, YOU MIGHT HAVE NOTICED THAT THE CHRISTMAS TREE IS STARTING TO GO UP DOWNTOWN ANSWER THAT WAS FUNDED BY CITY COUNCIL THIS YEAR WITH THE BUDGET AND WE ARE THANKFUL FOR THAT. IT WILL BE A DRAMATIC IMPROVEMENT OVER THE TREE THAT WAS THERE. BLESS HIS HEART IT HAS NOW BEEN RETIRED BUT IT GAVE THE GOOD OLD HUTTO TRY AND IT IS HAPPY TO HAVE A REPLACEMENT. ALSO THE HUTTO LIBRARY HAS FUN ACTIVITIES GOING ON IN DECEMBER INCLUDING SANTA STORIES WEDNESDAY MORNING DECEMBER 13. I MIGHT KNOW WHO IS GOING TO BE SANTA CLAUS VISITING THAT DAY. TO GET SALES ARE REPORTEDLY GOING WELL FOR THE NEXT BIG SHOW AT THE AMPHITHEATER. WE JUST HEARD A PRESENTATION UPSTAIRS ABOUT THE SPIRIT OF ORDAINING A TWO DAY CONCERT ON DECEMBER 8 AND NINTH IN HONOR OF THE LOCATION AT ADAM ORDAINING PARK. IT WILL FEATURE MUSIC FROM THE NEO-SOUL GENRE WITH ICON OF PERFORMERS LIKE ERICA BADU THUNDER CAT AND MORE. YOU CAN GET YOUR TICKETS WILL YOU STILL CAN AT BRUSHY CREEK AND.COM AND BY THIS TICKETS ONLINE. WINTER CAMP. THIS IS ONE OF THOSE BENEFITS OF SMALL COMMUNITIES THAT I LOVE SO MUCH. IT IS OUR PARKS AND RECREATION DEPARTMENT IS GOING TO OFFER CHILDCARE OVER THE HOLIDAY SEASON WHENEVER THE CHILDREN ARE OUT OF SCHOOL BUT MAYBE YOU ARE NOT HOME BECAUSE YOU ARE STILL HAVING TO WORK.

IT WILL BE OPEN FOR REGISTRATION ON MOST DAYS FROM DECEMBER 18 THROUGH JANUARY 2. AND SO WHAT DO YOU DO ON THESE DAYS? DO CRAFTS AND YOU HAVE PLAYTIME AND THEY TAKE FIELD TRIPS TO INTERESTING PLACES LIKE THE AUSTIN AQUARIUM THE BOB BULLITT MUSEUM AND MAYBE GO SEE A HOLIDAY MOVIE OR AGE APPROPRIATE MOVIE AT THE MOVIE THEATER. TO LEARN MORE YOU CAN GO ONLINE TO THE WEBSITE THROUGH THE PARKS AND RECREATION PAGE AND REGISTER YOUR KIDS. THOSE ARE LIMITED SPACES AS YOU CAN IMAGINE AND WE ALSO HAVE TO DRAG ON OUR PARK OUR SUMMER CAMP COUNCILORS WHO TEND TO COME BACK DURING THE BREAK TO BE ABLE TO BE HERE TO PROVIDE THAT SERVICE FOR US THAT WE ARE VERY THANKFUL TO THEM, TOO. THE COMMUNITY SURVEY. IT'S TIME FOR THAT TO GO OUT. IT'S BEEN TWO YEARS SINCE OUR LAST COMMITTEE SURVEY. SOME HUTTO RESIDENTS MIGHT RECEIVE IN THE MAIL THIS WEEK COMMUNITY SURVEY. IT IS DONE EVERY TWO YEARS. NOT EVERYONE IN THE CITY IS GOING TO RECEIVE THE SURVEY BECAUSE IT IS BEING RANDOMLY DISTRIBUTED BY PROFESSIONAL RESEARCHERS AT THE BTC INSTITUTE AND THE RANDOMNESS KEEPS IN BEST PRACTICES AND ALLOWS THEM TO HAVE SURVEY RESULTS THAT ARE STATISTICALLY VALID ANY THEY ACCURATELY REPRESENT OUR CURRENT DEMOGRAPHIC MAKEUP OF HUTTO COMMUNITY TO MAKE SURE OUR VOICES ARE BEING HEARD APPROPRIATELY ACROSS THE RESIDENT. THE CITY COUNCIL AND STAFF BELIEVE IT IS IMPORTANT TO GAUGE HOW SATISFIED HUTTO RESIDENCES ARE WITH SERVICES BEING PROVIDED AND WHAT NEW SERVICES THE COMMUNITY MIGHT WANT TO SEE. THIS SURVEY IS AN IMPORTANT PART OF HOW WE DECIDE TO SPEND MONEY ON RESOURCES AND THE RESULTS OF THE LAST SURVEY ALMOST 2 YEARS AGO HAD A STRONG DIRECT IMPACT ON BUDGET FOCUS SUCH AS BETTER COMMUNICATION EXPANDED ROADS AND ENHANCE PARKS. WHEN WE HAVE THE RESULTS OF THE SERVICES AND CULTURE SURVEY WE WILL SHARE THAT WITH CITY COUNCIL IN THE COMMUNITY THIS COMING FEBRUARY WE GET ALL THE RESULTS IN. AND THEN LAST BUT NOT LEAST THERE IS A NEW BUILDING ON THE WEST SIDE OF TOWN YOU MIGHT'VE NOTICED ON THE YMCA CALLED THE ACADEMY. THERE'S A LOT OF PEOPLE EXCITED ABOUT THIS BUT, TOMORROW THEY HAVE HAD A SOFT OPENING ALL WEEK SO YOU CAN GET THERE CASHIERS COMFORTABLE ALTHOUGH I HAVE HEARD MANY OF THEM HAVE BEEN TRAINING OVER AT THE ROUND ROCK STORE. THEY HAVE BEEN TRAINING OVER THERE TO COME HERE TO WORK BUT TOMORROW MORNING IS ACTUALLY THE OFFICIAL GRAND OPENING.

MORNING AT 8:40 THEY WILL BE DOING A RIBBON-CUTTING AND TAKING PICTURES, PUTTING IN THE PRESS, THE NEWS AND ALL SORTS OF STUFF. THEY WILL OPEN THEIR DOORS AT 9 AM. HERE IS WHY YOU MIGHT WANT TO ATTEND EVEN IF YOU DON'T WANT TO BE ON THE PICTURE FOR THE RIBBON-CUTTING. THE FIRST 150 PEOPLE IN LINE WILL BE GIVEN ACADEMY GIFT CARDS THAT CAN BE VALUED UP TO $500. SO COME ON OUT LINEUP CAMP IF YOU LIKE. THE POLICE WILL BE NICE THEY WILL COME BY AND CHECK ON YOU. IT WOULD BE REALLY AWESOME FOR YOU TO BE CAMPING WITH ACADEMY GEAR OUTSIDE THE CAMP. COME OUT LINEUP AND GO IN AND CHECK EVERYTHING OUT. IF YOU SEE A BUNCH OF CITY EMPLOYEES THERE JUST MIND YOUR BUSINESS. WE HAVE TO GET OVER THERE AND DO SOME STUFF, TOO. SO, ACADEMY HAS AN INCREDIBLE WEEKEND LINED UP OF GETAWAYS AND FUN. ALL THE DETAILS ARE AVAILABLE ON

[00:15:04]

THE WEBSITE AND WE ARE SUPER EXCITED TO INVITE THEM TO THE COMMUNITY DURING THE HOLIDAY SEASON AND FOR THEM TO GET OPENED UP RIGHT BEFORE THE REAL SHOPPING SEASON STARTS. MAYOR AND COUNCIL THE ACADEMY CREW EXPRESSED TO US AND I HOPE TO GET IT IN WRITING BUT THEY EXPRESSED TO US THAT THEIR EXPERIENCE HERE THEY WERE ABLE TO GET THEIR BUILDING THROUGH THE PROCESS AND BUILT IN RECORD TIME. IT IS THE FASTEST DELIVERY TIME OF AN ACADEMY THAT THIS TEAM HAS EVER DONE.

WE ARE REALLY PROUD OF THAT. [APPLAUSE] AND THAT CONCLUDES

[7. PUBLIC COMMENT]

MY COMMENTS. THANK YOU. >> THANK YOU SIR. NEXT WE HAVE PUBLIC COMMENTS. IF I CALL YOUR NAME 3 MINUTES TO SPEAK THE LIGHT WILL START OUT GREEN AND GO TO YELLOW AND THEN READ. FIRST UP WE HAVE PIERCE.

>>. >> JIMMY PIERCE I LIVE AT 103 E. LIVE OAK. A COUPLE MONTHS AGO WE HAD SOME CREWS IN TOWN LAYING FIBER CABLE. I SPOKE TO A FEW DIFFERENT PEOPLE ON THE CREW. PEOPLE WITH THE COMPANY AND OTHER PEOPLE THAT HAVE BEEN INVOLVED IN THE PROJECT. AND THE INFORMATION THAT I GOT AT THE TIME THAT I WAS ABLE TO PUT TOGETHER WAS THERE'S NO SERVICE PROVIDER CONTRACTED TO PROVIDE SERVICE ON THIS FIBER NETWORK.

IT WAS PUT IN BECAUSE THE COMPANY THAT DID IT FOR A GRANT FROM THE FEDERAL GOVERNMENT AND THERE'S NO SERVICE TO BE PROVIDED AND IT STILL GOT APPROVED TO BE PUT IN. WHY DID IT GET APPROVED IF THERE WASN'T GOING TO BE ANY SERVICE WHEN IT GOT APPROVED? THE NEW FIBER NETWORK THAT THEY JUST PUT IN APPARENTLY THEY FOUND SOMEBODY. THE INFORMATION I GOT IS THAT AT THE TIME IT WAS APPROVED THERE WAS NO PROVIDER. ALSO, THEY TORE UP PEOPLE'S YARDS AND HAVE NOT FIXED THEM. MINE IS TORN UP PAST NOT VERY FAR BUT PASS THE EASEMENT. THEY TORE UP THE END OF. KING ALLEY AND THAT HAS NOT BEEN FIXED AND IT'S BEEN A COUPLE OF WEEKS. WHEN IS THAT GOING TO GET FIXED? BECAUSE IT IS MESSING UP TRAFFIC IN OLD TOWN AND

SOMETHING NEEDS TO GET DONE. >> THANK YOU, SIR.

>> NEXT WE HAVE HENRIQUE DIAZ.

>> HELLO. GOOD EVENING. THIS IS MY FIRST TIME DOING THIS. I RECENTLY PURCHASED I AM THE OWNER OF A FOOD TRUCK. WE WERE AT GEORGETOWN AND LOOKING FOR A BETTER PLACE. I FOUND HUTTO.

I HAVE BEEN HERE FOR MANY YEARS AND IN ROUND ROCK AND HUTTO WAS ALWAYS A PLACE THAT YOU WOULD PASS BY AND I AM GLAD THAT IT IS GROWING AND ONE CHRISTMAS A YEAR AGO I WAS CALLED TO THIS NEW PLACE WHERE THERE WERE ALREADY FOOD TRUCKS. ONE THING LED TO ANOTHER AND I ENDED UP BUYING THE LOT AND I HAVE A BUSINESS AND THIS IS MY PARTNER. AND WHAT WE ARE HERE FOR TODAY IS WE ARE TRYING TO WE BELIEVE THAT WE HAVE THE BEST TACOS IN TOWN SO YOU CAN COME AND TASTE IT. WE ARE NOT HERE FOR THAT. WE ARE ASKING YOU TO LET US OPEN LATER THAN 8:00. WE HAVE TO TURN AWAY PEOPLE BECAUSE THERE IS A RULE THAT AND I DON'T UNDERSTAND WHY, WE DO SELL FOOD. AND, YOU KNOW EVEN THOUGH WE ARE GROWING AND HOPEFULLY WE WILL GET BETTER WE WOULD REALLY APPRECIATE IF YOU WOULD LET US OPEN AND TELL 11:00 OR 12:00 WE DON'T SELL ALCOHOL JUST FOOD.

LIKE I SAID WE HAD TO TURN AWAY PEOPLE. I DON'T KNOW IF YOU'VE DRIVEN BY THAT WE HAVE ENHANCED THE PLACE AND WE HAVE MORE LIGHTING. BUT WE REALLY NEED TO IMPROVE THE HOURS. IF YOU LET US OPEN UNTIL 11 OR 12:00 THAT WOULD BE GREAT. AT LEAST A COUPLE MORE HOURS. AND THAT IS THE REASON WE ARE HERE.

[00:20:05]

>> HI GUYS, WE PUT A LOT OF LIGHTS UP AT THE PARK AND THERE'S A LOT OF PEOPLE THAT COME IN AFTER 8:00. AND I'M THE MAIN CHEF AND I HAVE TO TURN PEOPLE AWAY AT 8:00. WHEN I'M CLEANING ANOTHER DOZEN OR SO COME TO THE PARK IT'S THE ONLY PLACE YOU CAN SIT DOWN BECAUSE IT IS LIT UP. WE WOULD LIKE TO HAVE ALL OF THE TRUCKS OPEN AT LEAST 9:00 OR 10:00 ON FRIDAY BUT IDEALLY WE WOULD LIKE TO DECIDE WHEN WE CLOSE.

AND THAT'S IT. >> THINK YOU GUYS.

>> MAYOR WE ASK FOR AN ITEM TO BE ON A FUTURE AGENDA TO

DISCUSS THAT? >> LET'S MARK THAT DOWN AS

FOOD TRUCK COURT HOURS. >> THANK YOU. >> IS PART OF THAT SHOWING IF THERE'S ANY RESIDENTIAL AND HOW MANY FEET OF IT? WE DO WANT TO RESPECT THE RESIDENTS.

[8.1. Emergency Management Task Force Transition Presentation (Bill Zito) ]

>> THAT BRINGS US TO 8.1 EMERGENCY MANAGEMENT TASK FORCE

TRANSITION PRESENTATION. >> MR. MAYOR, COUNCIL, CITY MANAGER, BILL ZITO. TONIGHT'S PRESENTATION IS TO DO A COUPLE OF THINGS. WE WANT TO UPDATE YOU ON WHERE THE EMERGENCY PREPAREDNESS TASK FORCE, WHERE IT IS AT AND WHAT'S BEEN GOING ON WITH THAT AND ULTIMATELY OBTAIN A DECISION BY CITY COUNCIL AS TO WHETHER OR NOT WE WILL CONTINUE THE EMERGENCY PREPAREDNESS TASK FORCE AS AN INSTITUTE OF COUNSEL OR TRANSITION TO AN EMERGENCY MANAGEMENT WORKGROUP AND THAT'S GUIDED BY THE DEPARTMENT OF EMERGENCY MANAGEMENT. SO LITTLE BACKGROUND ON THE EMERGENCY PREPAREDNESS TASK FORCE THE INTENT WAS PHYSICALLY AFTER WINTER STORM MARY IN 2021 THERE WAS SIGNIFICANT CHALLENGES AND OBVIOUSLY EVERYONE EXPERIENCE FROM THAT STORM AND IT WAS A WAY TO ADDRESS OR START ADDRESSING SOME OF THOSE GAPS IN RESPONSE CAPABILITY AND OR COMMUNITY PREPAREDNESS. IT WAS ESTABLISHED PRIOR TO HIRING AN EMERGENCY MANAGER IT WAS FOCUSED PRIMARILY WHEN I GOT HERE ON COMMUNICATION TECHNOLOGY SUCH AS CLUSTER DUCK, TORNADO SIRENS AND WORKABLE HAND RADIOS RATHER THAN COMMUNITY RESPONSE CAPACITY. THE TASK FORCE CHARTER EXPIRED IN JULY.

COUNSEL REQUESTED EVERYTHING FROM THE THEN CHAIRMAN TO GIVE AN UPDATE ON WHERE THEY WERE BEFORE YOU MADE A DECISION ON WHAT TO DO WITH THE TASK FORCE. HE SHORTLY THEREAFTER RESIGNED AND THAT EVERYTHING FROM HIM WAS IN AUGUST. SINCE THEN THE REMAINING METERSMEMBERS CONTINUE TO SERVE THE COMMUNITY AND EVERY ONE OF THEM ARE STILL THERE WORKING WITH ME EVERY COUPLE WEEKS WE MEET TO START BUILDING THIS CAPACITY. SO THE PROPOSED TRANSITION EMERGENCY PREPAREDNESS AND RESPONSE WORKGROUP IS A TITLE WE GAVE AND WE CAN CALL IT WHATEVER WE WANT. IN FACT SOMEONE JOKINGLY THAT AND I SAID WE SHOULD CALL IT THE EMERGENCY ASSISTANCE AND RESPONSE PROGRAM FOR. THEY THOUGHT WE WOULD LOVE IT. I DECLINED IT. ANYWAY, WE CAN CALL IT WHATEVER WE WANT TO CALL IT BUT THE INTENT HERE IS TO IDENTIFY IT AS A COMMUNITY CAPACITY BUILDING ORGANIZATION WITH VOLUNTEERS THAT ARE WORTH HELPING NEIGHBORS ESSENTIALLY.

THE REMAINING E PTF OR EMERGENCY PREPAREDNESS TASK FORCE MEMBERS ARE THE TEAM LEADERS A GROUP OF FOLKS THAT WILL BECOME THE PRIMARY COORDINATORS FOR THOSE THAT WE RECRUIT TO HELP WITH CERTAIN COMMUNITY ASPECTS THAT WE WANT TO BUILD OR CAPACITY WE WANT TO BUILD AND I WILL GET IN THERE SHORTLY. THEY WILL RECEIVE GUIDANCE AND SUPPORT FROM THE EMERGENCY MANAGEMENT OFFICE AND IT WILL BE INFORMAL THERE'S NO CHAIRMAN SO TO SPEAK. I'M NOT DICTATING. I'M GIVING THEM THE PARAMETERS OF WHAT THE PLANS ARE AND WE SHOULD BE DOING TO MAKE THOSE PLANS INTERLOCK AND BECOME MORE ROBUST FOR OUR COMMUNITY. THIS IS ALL THE ACTION IS INTEGRATED TO THE EMERGENCY MANAGEMENT PLAN. SO THE GROUP IS MOTIVATED AND ENGAGED. MR. MAYOR YOU HAVE BEEN ON MANY OF THOSE MEETINGS AS LIAISON AND THEY ARE REFOCUSED AND ENERGETIC AND ALL OF THEM ARE SUPER EXCITED ABOUT THE DIRECTION WE ARE GOING RIGHT NOW BECAUSE WE ARE STARTING TO BUILD TRACTION AND HAVE SOME ACTION GOING. THE FOCUS IS TO DEVELOP A KEY COMPONENT FOR THE EMERGENCY MANAGEMENT PROGRAM AND IT WILL BE INTEGRATED IN THE PROGRAM AS I MENTIONED IN THIS WILL START THE PROCESS OF BUILDING WHAT WE CALL COMMUNITY EMERGENCY RESPONSE TEAM WHICH IS A MORE FORMAL ENTITY AND YOU'VE HEARD

[00:25:03]

THAT TERM BEING THROWN OUT A COUPLE OF TIMES. WE DON'T WANT TO DO THAT JUST YET THIS IS LAYING THE FOUNDATION AND THE RECENT DON'T WANT TO GO THERE YET BECAUSE IT REQUIRES CERTIFICATION TRAINING RECERTIFICATION PERIODICALLY AND REQUIRES A LOT OF DEDICATION AND BUDGET MONEY BECAUSE THEY WILL NEED EQUIPMENT. THAT TEAM WILL BE ABLE TO DO MINOR SEARCH AND RESCUE LIGHT FIREFIGHTING OPERATIONS AND THINGS OF THAT NATURE. ULTIMATELY WE WANT TO TAKE THE MOST DEDICATED OF WHAT WE ARE BUILDING NOW AND START GOING IN THAT DIRECTION. THAT IS THE VARSITY LEVEL FOR IMMUNITY SUPPORT. WE WILL GET TO THAT BUT THIS IS THE START OF IT. SO WHAT ARE REFOCUSED ON RIGHT NOW? WE ARE FOCUSED ON RECRUITING FOLKS THAT WANT TO HELP WITH THIS CAPACITY IN A NUMBER OF WAYS. FIRST IS THE STATE OF TEXAS EMERGENCY FOR VULNERABLE POPULATIONS THEY CAN SIGN UP FOR THE PROGRAM IF THEY ARE SIGNED UP FOR THE PROGRAM AND WE HAVE AN INCIDENT WHERE WE ARE OUT OF POWER FOR A LENGTH OF TIME OR HAVE A SIGNIFICANT EMERGENCY WE HAVE TO CHECK ON THESE FOLKS BY LAW.

WE START DOING THAT THROUGH THE WILLIAMSON COUNTY AND CITY HEALTH DISTRICT AND THEY WILL MAKE INITIAL CALLS AND VACATIONS. WHO DOESN'T RESPOND TO THAT THEN COMES TO US AND WE ARE THEN RESPONSIBLE TO NOTIFY. THE RESPONSE AND THE FOLKS WHO HAVE TO CHECK WERE EITHER AT LAW ENFORCEMENT, FIREFIGHTERS OR VETTED VOLUNTEERS AND THAT'S WHERE WE COME IN. WERE BUILDING OUT TEAMS THAT CAN GO OUT IN ANY CONDITION WHETHER IT IS ON FOOT OR DRIVE OR WHATEVER THE CASE MAY BE AND PHYSICALLY KNOCK ON A DOOR TO MAKE SURE THAT PERSON IS OKAY. DAMAGE ASSESSMENT TEAMS IS ANOTHER ASPECT OF THIS AND IT'S ONE OF THE MOST IMPORTANT THINGS WE DO DURING THE RECOVERY ASPECT OF AN EMERGENCY. WE HAVE TO GO DO DAMAGE ASSESSMENTS. WE HAVE TWO PROGRAMS THAT THE FEDERAL GOVERNMENT THAT FOR DAMAGE.

ONE IS INDIVIDUAL ASSISTANCE AND THE OTHER IS PUBLIC ASSISTANCE. THAT RELATES TO OUR PUBLIC INFRASTRUCTURE SO CITY HALL IS DAMAGED A ROAD OR A BRIDGE ANYTHING THAT THE CITY OWNS AND WE HAVE TO DO DAMAGE ASSESSMENT FOR THAT PIECE AND WE DO THAT WITH TEAMS THE PUBLIC WORKS FOLKS INSPECTORS, ETC.. THE OTHER SIDE OF THIS IS INDIVIDUAL ASSISTANCE HOUSING AND BUSINESSES AND THAT THE DIFFERENT SIDE OF THE PROGRAM. WHAT WE ARE LOOKING FOR IS FOLKS THAT HAVE EXPERIENCE WITH INSURANCE WORK OR CONSTRUCTION, THINGS OF THAT NATURE WHERE THEY CAN GO OUT AND PUMP US TO THE INITIAL DAMAGE ASSESSMENTS WERE TALKING WINDSHIELD TYPE STUFF SO WE CAN DO TWO THINGS. ONE IT WILL GIVE THE PICTURE TO THE STATE INTO THE FEDERAL LEVEL OF THE SCOPE OF THE DAMAGE BECAUSE NONE OF THE FEDERAL GRANT MONEY WILL FLOW UNLESS THE COUNTY NEEDS A THRESHOLD OF $2.7 MILLION IN THE STATE NEEDS A THRESHOLD OF $52 MILLION. WE WON'T GET THAT UNLESS WE GET THESE PRELIMINARY DAMAGE ASSESSMENTS DONE AND SO THAT WILL BE AN IMPORTANT ASPECT OF THAT. SO, NEXT TO THAT SHELTER OPERATIONS AND FAMILY ASSISTANCE CENTER SUPPORT.

SHELTER OPERATIONS IF WE HAVE TO TEMPORARILY SHELTER FOLKS WE NEED PEOPLE TO RUN THAT SHELTER. THE RED CROSS WILL COME IN AND PROVIDE US A SHELTER MANAGER AND THEY WILL TRAIN OUR VOLUNTEERS TO RUN A SHELTER WHEN WE NEED TO DO THAT. BUT WE NEED FOLKS TO VOLUNTEER THAT ARE WILLING TO STEP UP AND DO THE SUPPORT WORK IN THE SHELTER AND THE FAMILY ASSISTANCE CENTER IS MORE APPROPRIATE FOR A DISASTER WHERE WE HAVE CASUALTIES SUCH AS AN ACTIVE SHOOTER OR SOMETHING OF THAT NATURE AND WE HAVE TO NOTIFY FAMILIES OF MENTAL HEALTH SERVICES OR WHATEVER THAT MAY BE. THAT WILL BE A FAMILY ASSISTANCE CENTER AND WE STILL NEED VOLUNTEERS TO HELP WITH THAT. POINT OF DISTRIBUTION OPERATIONS WE CALL IT A POD. IF WE HAVE A MAJOR DISASTER LIKE A TORNADO THAT REQUIRES PUTTING LOGISTICS OUT WE WILL PUT POTS AROUND THE CITY AND WE NEED FOLKS TO HELP WITH DISTRIBUTING AND WE NEED TO MAKE SURE FOLKS AREN'T TAKING EXORBITANT AMOUNTS OF SUPPLIES. SO THAT IS POTS. EMERGENCY OPERATIONS SUPPORT TALKING FOLKS WHO WANT TO DO HAM OPERATOR RADIO TYPE OF STUFF THINGS OF THAT NATURE AND THEN SPONTANEOUS VOLUNTEER MANAGEMENT IS A BIG ONE. WHAT WERE GOING TO LOOK FOR IS AN UMBRELLA ORGANIZATION AND START ENGAGING MORE WITH THE FAITH-BASED ORGANIZATIONS AND OTHERS WHAT ORGANIZATION CAN PROVIDE THE UMBRELLA AND WHAT THAT IS IS WHEN WE HAVE AN EMERGENCY YOU'RE GOING TO HAVE SPONTANEOUS VOLUNTEERS. PEOPLE WANT TO DO THINGS AND HELP AND THEY WILL COME FROM ALL OVER THE COUNTRY AND THEY WILL JUST JUMP IN. YOU DON'T WANT THEM TO JUST GO OUT AND DO WHATEVER THEY WANT TO DO WE WANT THEM TO COME TO A HUB, GET CHECKED IN GET ISSUED SAFETY BRIEFING AND PROPER PPE OR PERSONAL PROTECTIVE EQUIPMENT AND WE NEED A LOT OF THE WORK TO MAKE SURE THEY'RE DOING THINGS THAT ARE WITHIN THEIR SKILL SET. SO

[00:30:04]

THAT IS GOING TO REQUIRE SEVERAL RK AND VETTING AND PROCESSING. PREPAREDNESS AND COMMUNITY OUTREACH IS THE OUTREACH PIECE THAT WE TALK ABOUT WITH THE MAYOR PRO TEM AND THIS IS PUTTING ON PREPAREDNESS FAIRS AND SETTING UP AT A DOWNTOWN EVENT AND PASSING OUT FLYERS.

THIS IS MAY BE DOING SOCIAL MEDIA WORK TO PUT OUT TIPS ABOUT INDIVIDUAL PREPAREDNESS. TALKING ABOUT GENERATOR DO'S AND DON'TS AND BILL BAGS AND THINGS OF THAT NATURE. THAT IS ESSENTIALLY WHAT WE ARE LOOKING AT RIGHT NOW IS OUR STARTING POINT IN THESE CAPACITIES ARE CRITICAL TO ANY MAJOR DISASTER RESPONSE AND WE HAVE A PRETTY ROBUST TEAM RIGHT NOW WE ACTUALLY ADDED PEOPLE TO THE INITIAL TASK FORCE IF YOU WILL AND WE GOT THREE OR FOUR MORE FOLKS WHO HAVE STEPPED UP WHO WANT TO HELP DO THIS. SO MY RECOMMENDATION THEN IS THAT WE TRANSITION TO TASK FORCE ON THAT FOR MORAL ENTITY FOCUSING ON COMMUNICATION TYPE SERVICES TO AN EMERGENCY MANAGEMENT SUPPORT GROUP IF YOU WILL THAT I CAN STEER AND I WILL REPORT TO YOU OF COURSE ON THE PROGRESS OF THOSE THINGS. SET IS ESSENTIALLY MY BRIEFING. ANY QUESTIONS?

>> THANK YOU SIR. DO WE HAVE QUESTIONS FROM COUNSEL?

>> MY ONLY QUESTION IS WHAT ACTION ARE YOU ASKING US TO TAKE A FORMAL ACTION TO DISSOLVE THE TASK FORCE?

>> YES. AND AN UNDERSTANDING OF AN AGENDA ITEM TWO BOARDS AND COMMISSIONS THAT THE NEXT STEP WE WANT TO KEEP IT AS IS

OR DO WE WANT TO DISBAND IT? >> WE CAN DISCUSS THAT AT 9-1?

THANK YOU. >> ANY OTHER DISCUSSION FROM COUNSEL? ALL RIGHT. THANK YOU, BILL. MOVING ON TO 8.2.

[8.2. Project Skybox Update Presentation (Cheney Gamboa, Haynes Strader) ]

PROJECT SKYBOX UPDATE PRESENTATION.

>> GOOD EVENING MAYOR AND COUNCIL AND CITY MANAGER.

CHENEY GAMBOA TONIGHT WE HAVE AN UPDATE ON PROJECT SKYBOX AND AWARENESS AND THAT THE DATA CENTER PROJECT GOING ON AT THE MEGA SITE AND THAT CONSISTS OF A 60 ACRE SUBSTATION. I'M GOING TO TURN IT OVER TO SKYBOX TO TAKE IT AWAY.

>> MAYOR SCHNEIDER, GOOD TO SEE YOU. I AM HAYNES STRADER THE CHIEF DEVELOPMENT OPERATOR WITH SKYBOX. BEFORE WE GET INTO IT I WOULD LIKE TO SAY THAT WORKING WITH JAMES AND HIS TEAM, ASHLEY BAILEY AND MATT, HAS BEEN AN ABSOLUTE PLEASURE.

WE DO BUSINESS ALL AROUND THE COUNTRY AND HUTTO HAS BEEN A WELCOME HOME. WE ARE MORE THAN EXCITED TO BE INVESTING HERE AND WE ARE VERY CONFIDENT THAT YOU WILL BE PLEASED WITH THE RESULT OF WHAT IS COMING. WE WOULD ASK FOR PATIENTS BUT WE ARE MOVING FAST. SO I WILL GET INTO THAT IN A MINUTE. BEFORE WE STARTED I THOUGHT IT WOULD BE HELPFUL TO SHOW A VIDEO IF YOU HAVE NOT SEEN IT OF WHAT WE ARE PLANNING. IT'S A GOOD DEMONSTRATION AS TO WHAT WILL HAPPEN AND LOOKS REALLY GOOD.

I WAS OUT THERE TODAY WITH THE COMMISSIONERS AND WE WERE

COOKING. >>.

[00:35:54]

>> THANK YOU. YOU KNOW, THEY ARE NOT HERE TONIGHT BUT THEY ARE THE LARGEST PRIVATE REAL ESTATE FIRM IN THE WORLD AND BEING PARTNERS WITH THEM ON THIS HAS BEEN A TREMENDOUS SUCCESS FOR US AND I THINK WE COULDN'T BE MORE EXCITED TO BE HERE AND I WANTED TO GIVE YOU GUYS A COUPLE OF UP. HE PLANNED SIX DATA CENTER BUILDINGS PLUS A POTENTIAL WAREHOUSE AND THE PURPOSE OF THE WAREHOUSE IS TO BUFFER FROM THE RAIL IF THERE WAS EVER A DERAILMENT. WE THINK ABOUT THESE THINGS BECAUSE IT'S ALL ABOUT HAZARD RISK REMEDIATION.

THE INITIAL INTENT WAS TO BUILD SIX BUILDINGS AND THE FIRST ONE IS UNDERWAY AND OFF THE MARKET AND THAT'S ALL I CAN SAY ABOUT THAT. IT IS SCHEDULED TO DELIVER IN 2025 AND THE SECOND BUILDING WILL FOLLOW SHORTLY AFTER IN THE SAME YEAR AND THE THIRD BUILDING IS LIKELY TO BE IN EARLY 2026. THAT IS ALL WELL UNDERWAY AND I THINK WE WILL BE MEANINGFULLY AHEAD OF SCHEDULE WITH THE OVERALL PROJECT FROM WHAT WAS ORIGINALLY PRESENTED. WE WILL MEET SORRY WE WILL MEET OR EXCEED WHAT WE HAD INITIALLY I THINK PONTIFICATED ON WHAT THE PROJECT WOULD BE. WHAT WE HAVE LEARNED IS SCALE IS IMPORTANT AND HUTTO GAVE US A LOT OF SCALE. OUR CAMPUS IS ALSO OFF THE MARKET AND THAT IS TO BUILDINGS. IT REPRESENTED, AT THE TIME, ONE OF THE LARGEST DATA CENTER TRANSACTIONS ACROSS THE COUNTRY. THERE'S MORE TO COME IN I THINK WE ARE PLEASED TO HAVE THE OPPORTUNITY TO BE HERE AND WE ARE GOING TO CONTINUE TO INVEST IN THIS AREA BUT I WANTED TO SHOW YOU A COUPLE THINGS. ONE IS ENCORE IS WELL UNDERWAY AND I CAN'T SPEAK TO THEIR SCHEDULE BUT VISUALLY THEY APPEAR TO BE DOING REALLY WELL AND THAT SUPER IMPORTANT FOR US BECAUSE NONE OF THIS WORKS IF THERE ISN'T POWER TO THE BUILDING.

WE WILL BE BUILDING A ROBUST NETWORK INTO THE CAMPUS THAT WILL BRING DOZENS OF FIBER PROVIDERS TO THE AREA IN A WAY THAT IS BASICALLY SUBSIDIZED BY BUSINESS NOT BY THE GOVERNMENT.

SO THERE'S GOING TO BE A LOT OF OPPORTUNITY FOR BUSINESSES AND RESIDENTS HERE TO ACCESS NOT ONE, TWO OR THREE PROVIDERS BUT POTENTIAL TO ACCESS DOZENS. FROM AN ELECTRICAL STANDPOINT YOU'RE GOING TO SEE INFRASTRUCTURE CONTINUE TO IMPROVE AND THIS IS ONE OF THE MOST RESILIENT SUBSTATIONS SWITCHING STATIONS IN THE COUNTRY. THIS IS A LIVE PICTURE OF OUR SITE AND THIS IS SKYBOX AUSTIN ONE. WE HAVE A COUPLE GENERATORS ON THE WAY AND WE ARE MOVING AT A RECORD PLACE AND WILL MATCH THAT PLACE IN HUTTO. YOU ARE WELCOME TO GO DRIVE IT BUT UNFORTUNATELY ACCESS IS STARTING TO BECOME PROHIBITED. IT IS A FANTASTIC BUILDING A FANTASTIC PROCESS AND WERE GOING TO MIRROR IT RIGHT NEXT DOOR. IT IS A GOOD EXAMPLE OF WHAT IS COMING AND WHAT I WOULD SAY IS IT IS TO BUILDINGS, A TOTAL OF GROWTH SLOWED ABOUT 90 MW. WE'VE GOT 600 COMING. IF THAT TELLS YOU ANYTHING. IT'S VERY EXCITING TO BE HERE WE ARE WELL ON SCHEDULE. WE REALLY APPRECIATE THE TRUST YOU HAD IN US IN THE BEGINNING AND WE ARE HERE TO

DELIVER. >> THANK YOU SIR. QUESTIONS

FROM THE COUNCIL? >> I HAD A QUESTION. YOU SAID DELIVERY IN 2025 FOR THE SECOND BUILDING AND THIRD 126. HE SAID DELIVERY IS THAT YOU OR THE BUILDING BEING FULLY POPULATED AND FULLY UP AND RUNNING?

>> WE ARE A DEVELOPER AND LANDLORDS WILL BUILD THE BUILDING AND IT WILL BE COMMISSION TO OPERATE IN OTHER WORDS CRITICAL CAPACITY AND SQUARE FOOTAGE WILL BE CERTIFIED TO OCCUPY BUT WILL ALSO BE THE POWER WILL BE

[00:40:01]

CONDITIONED AND READY TO BE USED. WE LEASED THE BUILDINGS TO TENANTS AND IT IS UP TO THE TENANTS WHEN THEY CHOOSE TO ROLL IN THERE BUT THEY WILL PAY RENT ON THE FIELD BUILDING DAY

ONE. >> THOSE DATES ARE WHEN YOU WILL BE ABLE TO TURN THE BUILDING OVER TO YOUR TENANTS?

>> YES SIR. AND TECHNICALLY THE TENANTS OCCUPY EDIT THAT TO START TO INSTALL BUT YOU CAN'T INSTALL BEFORE THE FULL

COMMISSION. >> THERE'S NO SET TIMELINE BECAUSE THEY CAN DO WHAT THEY WANT BECAUSE THEY ARE PAYING FOR IT BUT IS IT USUALLY LIKE A THREE-MONTH THING OR SIX-MONTH

THING? >> FULL OCCUPANCY CAN TOTALLY DEPENDS ON THE USER. IT CAN BE ANYWHERE FROM LITERALLY WITHIN 90 DAYS TO 2 TO 3 YEARS AND IN THIS CASE WE ANTICIPATE IT WILL

BE ON THE FASTER SIDE. >> THANK YOU.

>> ANY COMMENTS OR QUESTIONS FROM COUNSEL?

>> I HAVE A QUESTION. ARE YOU ALL STILL MOVING FORWARD WITH THE SIX BUILDINGS? I KNOW YOU MENTIONED WAREHOUSES AS A

BUFFER AS WELL IS THAT? >> THAT WILL BE SEVEN, EIGHT AND NINE. WE FULLY ANTICIPATE THAT.

>> I KNOW THAT Y'ALL'S MODEL CAN DO WAREHOUSES? CAN YOU SPEAK MORE TO THE WAREHOUSES I GUESS WHAT THAT LOOKS LIKE? OBVIOUSLY THE DATA CENTER LOOKS LIKE IT IS PRETTY SOLID BUT I GUESS THE UNKNOWN IS THE WAREHOUSE SO YOU CAN SPEAK ON

THAT? >> AT THE MOMENT WE HAVEN'T EVEN STARTED THE WAREHOUSES. THE GOAL IS TO MAXIMIZE THE FOOT MPRINT. I CAN ALSO COME T THE TENANTS WE ARE TALKING TO AND IT COULD BE TOO BIG BUILDINGS THERE'S A LOT OF VARIETY AS TO WHAT THAT COULD LOOK LIKE SO THE WAREHOUSE COMPONENT IS AT THE END OF THE DAY WHEN WE HAVE USED ALL THE POWER AVAILABLE ON CAMPUS THERE'S SOME REAL ESTATE LEFT AND WE WOULD LIKE TO CAPITALIZE ON THAT BUT THAT'S NOT GOING TO DRIVE THE DESIGN DETAIL. WE ARE NOT THERE AND THAT IS NOT THE FOCUS HERE THE FOCUS CONTINUES TO BE THE DATA CENTER AND PERSONALLY I WOULD LIKE IT TO ALL BE DATA CENTER BUT THAT IS WHERE WE ARE HEADED AND AS SOON AS WE KNOW MORE I WOULD BE HAPPY TO JUMP IN RIGHT NOW IT IS REALLY FLEXIBLE.

>> MY LAST QUESTION IS LOOKING AT THE TWO BUILDINGS THERE YOU SAID IN THE BACK THERE WORKING ON THE GENERATION POWER GENERATION. IS THE BUILDING, IT LOOKS LIKE IT IS UP I PASSED BY THERE SOMETIMES AND IT LOOKS LIKE YOU ALL ARE AHEAD OF THE SCHEDULE AND WORKING ON THE POWER SOURCE AND HOPEFULLY MEETING? I'M SURE IT TAKES A LOT OF RESOURCES.

>> WE ARE RIGHT ON SCHEDULE AND IS A GREAT QUESTION THE BUILDING LOOKS REALLY NICE FROM THE OUTSIDE BUT THE INSIDE IS THE MEAT OF IT. WE CAN GET THE SHELL OF THE BUILDING UP QUICKLY BUT THE AMOUNT OF TECHNICAL THAT IS INSIDE YOUR BUILDING A GIANT COMPUTER AND THAT TAKES LONGER TO BUILD.

THAT IS WHAT IS HAPPENING RIGHT NOW. THE GENERATION TO BE CLEAR IS FULLY BACKUP GENERATION. WE USE UTILITY POWER, DUAL FED IN MOST CASES TO THE BUILDINGS AND WE WILL BE FEEDING OFF OF THE ENCORE SUBSTATION THEY ARE BUILDING RIGHT NOW AND WE WILL HAVE TWO PRIVATE SUBSTATIONS THAT ARE INTERCONNECTED TO THE LARGER SUBSTATION. THAT WILL BE OUR PRIMARY SOURCE OF POWER. IF THERE IS ANOTHER EVENT WE WILL GO TO GENERATOR AND THAT ALLOWS THE COMPUTERS TO CONTINUE TO OPERATE IN AN EMERGENCY. THE GENERATOR IS ONLY FOR AN EMERGENCY USE. WE WON'T BE RUNNING DIESEL NORMALLY.

>> GOT IT. IS THERE SUBSTATION TO THIS?

>> THREE. ENCORE IS BUILDING THEIR SWITCH AND THEN OUR PROJECT WILL HAVE TWO PRIVATE SUBSTATIONS.

>> THANK YOU. >> OTHER QUESTIONS OR

COMMENTS? >> I APPRECIATE YOU COMING AND I ASKED FOR THIS ITEM FOR THE CITY MANAGER AND I THINK THIS WILL BE ONE OF THE BIGGEST CHANGES THAT FACES HUTTO AND I THOUGHT IT WOULD BE WORTH GETTING AN UPDATE AND GETTING REGULAR UPDATE. I THINK THIS IS GREAT PROGRESS. I LOVE HOW HEREHEARING ABOUT HOW FAST YOU'RE MOVING AND I LOOK

FORWARD TO HAVING THIS ONLINE. >> WE FEEL THE SAME WAY. IT'S ALWAYS HARD IN THIS BUSINESS BECAUSE WE ARE ALWAYS 90 MDA BUT WHAT I TELL YOU IS WE ARE MORE THAN HAPPY TO DRIVE YOU BY THE SITE AND SHOW YOU WHAT WE CAN AND CHENEY TODAY CAME BY THE CENTER AND I THINK WE HAVE SIX WEEKS LEFT IN THE BUILDING BUT WE LOVE THE OPPORTUNITY TO SHOW YOU WHAT ONCE THE FIRST PHASE IS OUT OF THE GROUND AND THERE'S SOMETHING TO SEE BUT

[00:45:03]

REALLY, THIS IS ONE OF THE MOST SPECIAL PROJECTS. I'VE BEEN DOING THIS I KNOW I LOOK 12 YEARS OLD BUT I BEEN DOING THIS FOR THE LAST 10 YEARS AND WE ARE, SINCE I WAS 12.[CHUCKLE] I CAN TELL YOU THIS IS ONE OF THE COOLEST PROJECTS ONE OF THE MOST SIGNIFICANT PROJECTS THAT HAS HAPPENED IN THE COUNTRY AND

IT IS A BIG DEAL. >> HAYNES, GOOD TO SEE YOU AGAIN. WE'VE GOT SOME COMMENTS AND ONE IS THAT I AGREE WITH MAYOR PRO TEM. IT'S GOOD TO GET UPDATES AND DRIVE SOME INFRASTRUCTURE. THESE SLIDES SAY CONFIDENTIAL ON THEM BUT JUST A COMMENT TO YOU -YOU ARE GOOD.

>> NOW THAT YOU HAVE SHARED THEM I DON'T WANT YOU TO GET THEM IN TROUBLE NOW THEY ARE PUBLIC RECORD.

>> IF YOU DON'T SPACE IT .[LAUGHTER]

>> RIGHT THERE. DO YOU SEE HOW IT SAYS CAMPUS AUSTIN? I'M SURE YOU HAVE TO HAVE AUSTIN IN THE NAME BECAUSE DATA CENTERS HAVE NOT HEARD OF HUTTO IN THEY GET SCARED.

>> MOST OF THEM HAVE NOT HEARD OF AUSTIN.

>> I DON'T KNOW IF YOU CAN DO A POWER CAMPUS AUSTIN AT HUTTO BUT WE ARE GIVING 50 PERCENT OF THE PROPERTY TAXES BACK AND WE ARE TALKING BILLIONS. I THINK THERE'S PEOPLE OUT IN THE PUBLIC THAT APPRECIATE NOT THAT YOU APPRECIATE EVERYTHING BUT SOMEWHERE THEY KNOW IT IS HUTTO SO WHEN IT IS IN THE PAPER AND THE AUSTIN BUSINESS JOURNAL IS NOT JUST A DATA CENTER IN AUSTIN, THIS IS THE ONE, THIS IS THE HUDDLE BRANCH OR WHATEVER YOU NEED TO DO. IF YOU COULD TIE HUTTO INTO IT NOT ONLY WILL WE GET YOU GUYS BUT WE FEEL LIKE YOU ARE PART OF THE COMMITTEE AS OPPOSED TO SOME AUSTIN COMPANY WE HAD TO DRAG OVER TO HUTTO KICKING AND SCREAMING.

>> IT IS A COMPLETELY FAIR COMMENTS. IT IS HARD TO I TOTALLY GET IT. AND WE HAD THE SAME ISSUE IN MOST MARKETS WHERE WE ARE ABOUT TO ANNOUNCE ANOTHER CAMPUS BECAUSE OF A SIMILAR PROBLEM. THE CHALLENGE WE ARE DEALING WITH IS THE CUSTOMER WE ARE SELLING TO IS 20 COMPANIES AND SOME SIT IN SINGAPORE SOME SET IN SAN FRANCISCO AND MOST HAVE NOT BEEN TO TEXAS. THEY HAVE HEARD OF HOUSTON AND DALLAS. GETTING THE AWARENESS FROM THE BRANDING STANDPOINT IT HAS TO BE TO THE POINT QUICK. I THINK WHERE WE ARE CAN ACCOMMODATE IS ONCE THIS GETS OUT OF THE GROUND AND IT'S AN ESTABLISHMENT I THINK YOU HAVE SEEN IT FROM THE AMOUNT OF INTEREST. THIS IS QUICKLY GOING TO BE ON THE MAP AS A MAJOR AREA AND THE BEST PARALLEL I CAN MAKE IS HILLSBORO, OREGON. PEOPLE WILL SAY HILLSBORO BUILT A LARGE SEMI CONDUCTOR PLANT AND LITERALLY IF YOU ASK A PERSON WHERE PORTLAND IS THEY HAVE NO IDEA BUT THEY KNOW EXACTLY WHERE HILLSBORO, OREGON IS AND IS JUST OUTSIDE OF PORTLAND. WE WILL DO OUR BEST TO COME UP WITH WAYS TO MANDATE IN A WAY THAT WE CAN'T WAIT TO PUT IT BUNCH OF TECHNOLOGY BOTH AT THE ENTRANCE.

>> NOW YOU'RE GOING. >> WE ARE IN BUT IT IS A VERY SPECIFIC TARGET MARKET AND WE GOT TO BE REALLY AWARE OF HOW

TO BRANDS THAT CORRECTLY. >> JUST SO YOU KNOW I THINK IF ANOTHER AGREEMENT CAME BEFORE US I WOULD BE THAT GUY WHO'S GOING I DON'T KNOW IF I CAN VOTE FOR THIS. BUT, ANYWAY, I

APPRECIATE IT. >> YES, SIR.

>> ANYTHING ELSE FROM COUNSEL?

[8.3. Downtown Hutto Business Association (Evan Porterfield, Chairman) ]

>> THANK YOU. NEXT WE HAVE ITEM 8.3 DOWNTOWN HUTTO BUSINESS ASSOCIATION. CHAIRMAN MR. EVAN PORTERFIELD.

>> THE LAST TIME I WAS UP HERE FOR PUBLIC COMMENT I WAS TALKING ABOUT THE SMALL BUSINESS. THAT HAD A COMPLAINT. I'M SORRY, I AM EVAN PORTERFIELD AND I REPRESENT DOWNTOWN HUTTO BUSINESS ASSOCIATION. I'VE GOT SOME NOTES BUT I JUST ASKED TO COME APPEAR SO I COULD INTRODUCE MYSELF. NOT NECESSARILY PLUG MY BUSINESS BUT PLUG DOWNTOWN HUTTO BUSINESSES IN PARTICULAR WHICH IS WHAT WERE TRYING TO DO. IT'S BEEN A BUSY DAY AND YOU CAN STOP ME IF YOU HAVE QUESTIONS. I'M GOING TO IGNORE THOSE TEXTS. THE DOWNTOWN HUTTO BUSINESS ASSOCIATION WHO ARE WE? WE ARE A GROUP OF BUSINESSES PROPERTY OWNERS AND SUPPORTERS WHO ARE DEDICATED TO MAKING DOWNTOWN HUTTO A BEAUTIFUL LOCATION TO SHOP DINE AND SPONSOR EVENTS. NOW WE STARTED THIS SOME MONTHS BACK A COUPLE OF YOU HAVE BEEN THERE TO SOME OF THOSE MEETINGS AND WE KIND OF TOOK OFF ON OUR OWN.

WE BEEN WORKING TOWARDS A MORE DEFINED GOAL SET AND ARE STILL

[00:50:05]

WORKING ON IT. WE ARE ALL A LITTLE BUSY RIGHT NOW THANKFULLY. WE ARE LOOKING FOR SOLID GROWTH NOT SPEEDY GROWTH.

SO WE DON'T EXPECT HONESTLY WE DON'T EXPECT YOU GUYS TO ENGAGE AT ALL OTHER THAN LISTEN AND ASK WHEN CERTAINLY IF YOU ASK OF US WE WILL BE THERE TO ANSWER. WHAT IS OUR PURPOSE? WE WANT TO CREATE A DOWNTOWN CULTURE THAT IS INVITING, EXCITING, NEEDFUL AND ADDS VALUE TO OUR DOWNTOWN WITH THE VISION FOR TOMORROW AND MANY YEARS TO COME. THAT SOUNDS LIKE A POLITICAL FEEL GOOD STATEMENT. BUT CULTURE IS IMPORTANT. AND THAT IS WHAT WE ARE TRYING TO BUILD. WE CARE HOW OUR CITIZENS VIEW THE DOWNTOWN AREA WHEN YOU VISIT OUR STORE DOWNTOWN YOU CAN HEAR MUSIC, YOU CAN SEE PEOPLE WALKING AROUND. YOU CAN SEE SMILING FACES. YOU CAN SMELL THE FOOD MAYBE AND HOPEFULLY THAT IS A GOOD THING. IT CREATES THIS HOMEY FEEL INSIDE OF YOU. AND IT MAKES YOU WANT TO DO IT MORE. THAT IS WHAT A LOT OF US WHO ARE IN THE FOOD INDUSTRY, THAT IS WHAT WE ARE GOING FOR, OR GOING FOR A CULTURE A FEEL-GOOD HOME FEELING. WE WANT DOWNTOWN HUTTO TO FEEL LIKE HOME SOMETHING YOU LOOK FORWARD TO.

WE HAVE A LOT OF PASSION IN OUR BUSINESSES AND WE WANT TO BASICALLY EXTEND THAT FIVE TO DOWNTOWN HUTTO. WE WANT IT TO GROW. HOW WE FEEL ABOUT OUR BUSINESSES WE WANT DOWNTOWN HUTTO TO FEEL THAT WAY ABOUT US. WE WANT TO BE RECIPROCAL.

THAT BEING SAID WE'VE GOT PROBLEMS AND SOLUTIONS.

OVERALL AS BUSINESS OWNERS WE HAVE MAY BE NOT SO ELOQUENTLY POINTED OUT SOME OF OUR CONCERNS FOR EXAMPLE REGARDING ON EVENTS IN DOWNTOWN. WE HAVE WHAT I LIKE TO CALL SCHEDULING CONFLICTS AND COLLABORATION CHALLENGES. SO, WE HAVE SEEN SOME POLICY CHANGES IN THE CITY THAT HAVE NOT BEEN A BENEFIT TO OUR BUSINESSES. WE WOULD LIKE TO HAVE MORE OF A VOICE IN THAT WE CAN CERTAINLY GIVE YOU AN EXAMPLE. YOU GUYS BRAG ABOUT TAXES FOR OUR RESIDENTS WHICH IS GREAT BECAUSE I AM A RESIDENT OF HUTTO NOT JUST A BUSINESS OWNER. I TAXES ON MY HOUSE DID NOT GO UP WITH THE CITY OF HUTTO BUT THE TEXAS FOR MY BUSINESS WENT UP $1884. THAT IS A HUGE. THAT IS BIG.

WE DEFINITELY WANT TO BE MORE INVOLVED IN THESE CONVERSATIONS WHICH WE HAVEN'T BEEN SO AS UPSET AS I MIGHT BE ABOUT IT PERSONALLY, NO ONE WAS UP HERE TALKING ABOUT IT SO WE WANT TO BE MORE INVOLVED. ANOTHER THING WAS THE ORDINANCES. WE HAVE SEEN THAT THERE ARE SOME ORDINANCES THAT NEED UPDATING.

HENRIQUE ACTUALLY MENTIONED THAT. THAT WAS ON OUR RADAR WAS UPDATING ORDINANCES THAT BENEFIT THE DOWNTOWN CULTURE.

THEY ALSO HAPPEN TO HELP THE BUSINESSES DOWN THERE, JUST IN FYI. BUT IN THE SPIRIT OF SOLUTIONS WITHOUT WHICH PROBLEMS ARE ENTIRELY PAINLESS TO DISCUSS THERE ARE SOME SOLUTIONS IN A GENERAL SENSE. WE HOPE TO BOTH WORK WITH CITY COUNCIL WITH YOU GUYS CITY EMPLOYEES WHICH WE ALREADY HAVE A LOT OF THEM ARE REALLY GREAT. AND OTHER COMMITTEES SO WE CAN FINE-TUNE THE NEEDS OF DOWNTOWN. WE ARE LOOKING AT CREATING A TAX REINVESTMENT ZONE WHICH WE WILL EVENTUALLY PRESENT TO YOU GUYS WHEN THE TIME COMES. AND WE BELIEVE THAT THIS WILL HELP THIS GUIDE MONEY TO WHERE IT IS NEEDED WE TALKED ABOUT PARKING IN DEVELOPMENT THERE'S A LOT OF BENEFITS AND AGAIN THIS IS SOMETHING THAT WE HAVEN'T, WE ARE DISCUSSING. THIS IS INFORMATION. WE WOULD CERTAINLY LOVE YOUR INPUT. GOT SOME OF IT ALREADY BUT THAT'S SOME STUFF WE ARE WORKING ON. WE WANT TO WORK WITH THE CHAMBER OF COMMERCE. THE CHAMBER OF COMMERCE IS FOR ALL OF THE CITY OF HUTTO. WE ARE FOCUSED ON DOWNTOWN BECAUSE THAT'S WHERE WE ARE AND THAT IS OUR HOA SO TO SPEAK. IT IS OUR SUBDIVISION. IT IS OUR CLOSEST COMMUNITY. SO THAT IS WHAT WE ARE FOCUSED ON. WE WOULD LIKE TO WORK WITH THE CHAMBER OF COMMERCE AS A SPECIALIZED GROUP AND HAVE A VOICE WITH IT COMES TO CURRENT AND FUTURE EVENTS AND WORK WITH THEM ANYWHERE WE CAN HONESTLY. I AM SURE THERE ARE MANY WAYS THAT THE CHAMBER AND THE HPA CAN WORK TOGETHER TO GROW BOTH ORGANIZATIONS AND

[00:55:01]

CAPITALIZE ON THE CHAMBER'S NETWORK AND INFLUENCE WITH THE DH BE A PASSION AND FOCUS ON DOWNTOWN WHICH WILL HELP GROW BOTH HUTTO AND OUR DOWNTOWN AREA. WE WOULD LIKE TO ADD TO THE CITY AND THE CHAMBER'S EFFORTS FOR CREATING EVENT THAT BRING MORE PEOPLE DOWNTOWN. WE DON'T NEED TO READ AND BE THE WHEEL WE JUST NEED TO USE WHAT WORKS AND LEARN FROM OTHERS.

WE LOVE EVENTS DOWNTOWN YOU WANT TO SEE MORE EVENTS DOWNTOWN BECAUSE EVENTS DOWNTOWN BRING PEOPLE. NOT EVERY BUSINESS OWNER SHARES THAT SENTIMENT. JUST LIKE YOU GUYS HAVE TO MAKE CHOICES THAT NOT EVERY ONE OF YOUR CONSTITUENTS AGREES WITH THE WAY YOU VOTE YOU HAVE TO TAKE A BEAT ON THINGS AND MAKE THE BEST DECISION THAT YOU CAN. WE ARE IN THE SAME VOTE. OUR ORGANIZATION IS IN THE SAME VOTE. NOT EVERY THIS IS OWNER AGREES THAT EVERY DOWNTOWN EVENT IS A OFFICIAL EVENT BENEFICIAL. WE WANT TO SEE IF WE CAN HELP. YOU'RE NOT GOING TO MAKE EVERYONE HAPPY BUT WE ARE GOING TO TRY. SO FUTURE GOALS. SORRY, ONE MORE. WE ARE ALSO WORKING WITH DOWNTOWN CITIES AND THEIR ORGANIZATIONS BECAUSE WE WANT TO LEARN FROM THEM WE WANT TO LEARN WHAT TO DO SO GIVE YOU AN EXAMPLE. KENNY, TEXAS. LOOK AT MCKINNEY IT IS A THRIVING DOWNTOWN AND IS AWESOME. WE WANT TO LEARN WHAT NOT TO DO AND I WOULD LIKE TO MENTION FRISCO, TEXAS IF YOU'D LIKE TO DO RESEARCH. FUTURE GOALS. WERE NOT LOOKING FOR MEMBERSHIP OR MONEY AND NOT RIGHT NOW AND NOT ANY TIME IN THE FUTURE FOR THE NEAR FUTURE ANYWAY. GOT A LOT OF GROWING TO DO AND WE GOT A LOT OF GOALS TO MEET AND THINGS TO DO FIRST.

WERE LOOKING FOR INPUT AND EFFORT MOST IF NOT ALL OF THE BUSINESS THAT WE REPRESENT HAVE BUILT FROM THEIR SAME SWEAT AND TOIL. WE MAY HAVE HAD SOME INVESTMENT MONEY TO BUILD BUSINESSES BUT AT THE END OF THE DAY WORK BRINGS IN THE BOX AND THAT'S WHAT WE WANT. SO WE DO HAVE A WEBSITE. WE DO HAVE SOCIAL MEDIA THAT WE DON'T DO ANYTHING WITH. I'LL HAVE SOCIAL MEDIA IN OUR BUSINESSES I WOULD LIKE TO WORRY ABOUT FIRST BUT YOU CAN SEND AN EMAIL TO INFO AT DOWNTOWN HUTTO BA FOR BUSINESS ASSOCIATION DOWNTOWN HUTTO BA.ORG AND THAT GOES TO US AND WE CAN ANSWER QUESTIONS. SO, THAT IS PRETTY MUCH IT. AS BUSINESS OWNERS WE MUST BE BOLD, NATIVE AND RESILIENT. YOUR POWER ORGANIZATION CAN OFFER THE TALENTS LOVE AND COMPASSION TO HELP DOWNTOWN HUTTO GROW INTO A COMMUNITY THAT SUPPORTS HUTTO AND GIVE THE CITIZENS THAT WARM AND FUZZY HOMETOWN FEEL. THAT'S PRETTY MUCH ALL I HAVE AND IF YOU HAVE ANY QUESTIONS I WOULD BE HAPPY TO ANSWER AND I WANT YOU TO KNOW OUR GROUP IS EXCITED. NOT ALL OF US ARE HERE TONIGHT BECAUSE ALL OF US HAVE A BUSINESS TO RUN WHICH TAKES A LOT OF WORK. SO AGAIN THAT'S WHY WERE LOOKING FOR SLOW GROWTH NOT SPEEDY GROWTH BECAUSE WE WANT SOLID GROWTH AND WE WANTED TO STICK. WE WANT HUTTO TO SUCCEED WE WANT TO SUCCEED AND SO WE WOULD LIKE TO CONTRIBUTE TO THAT. AND SO

THAT IS ALL I HAVE. >> THINK YOU, SIR.

>> QUESTIONS OR COMMENTS FROM COUNSEL?

>> THANK YOU FOR BEING HERE. ONE THING FROM YOUR PRESENTATION THAT REALLY RESONATED WITH ME WAS THE EFFORT BY COUNSEL. I THINK THERE'S BEEN MANY OF TIMES WHERE I HAVE FOUND OUT ABOUT IST EVENTS AND HAVE BEEN ABLE TO BE A FACE THERE AND HELP OUT WHERE NEEDED AND IT'S THE SAME THING WITH SOME OF OUR NEIGHBORHOOD ASSOCIATIONS. TO BE ONE OF THEM. AND SO I GUESS THERE NEEDS TO BE MORE DESIRE ON OUR PART TO REACH OUT BUT I KNOW YOU GAVE US THAT EMAIL ADDRESS TO REACH OUT TO BUT IF THERE ARE THINGS THAT ARE GOING ON AT DOWNTOWN BUSINESSES THAT WE COULD BE A PART OF I KNOW ME AND MY FAMILY HAVE LOVED BEING THE LIFE OF THE PARTY. WE LIKE TO GET OUT AND DO THINGS. IF THERE'S THINGS IN DOWNTOWN HUTTO THAT WE CAN BE A PART OF AND THAT WE CAN PARTICIPATE IN AND SHOW OUR FACE FOR A COUPLE HOURS I WOULD BE MORE THAN HAPPY TO. I DON'T KNOW IF THERE IS A NEWSLETTER THAT YOU ARE DEVELOPING THROUGH YOUR ASSOCIATION BUT I THINK SOMETHING LIKE THAT WOULD BE SOMETHING OF INTEREST TO ME AND

MY FAMILY AND MY HOUSEHOLD. >> SURE. THANK YOU. ANY

OTHER COMMENTS OR QUESTIONS? >> EVAN, HOW IS THE FORMATION OF THE ORGANIZATION GOING? I KNOW YOU ARE TRYING TO SET UP A NONPROFIT STATUS AND ALL THAT WERE USED TO WORKING TOWARDS

THAT? >> YES WE DO HAVE A FOUNDING BOARD OF DIRECTORS AND WE HAVE FILED WITH THE STATE SO WE ARE WORKING ON THE PROCESS TO GET THAT NONPROFIT. A LOT OF THAT

[01:00:03]

BUSINESS STUFF THAT GOES WITH THAT YOU'RE NOT REALLY IN A BIG HURRY. WE FEEL LIKE COMING TOGETHER IS GOING TO BE JUST AS POWERFUL AS GETTING THAT DESIGNATION BUT WE HAVE REGISTERED WITH THE STATE OF TEXAS.

>> COOL. ARE YOU GETTING A LOT OF PARTICIPATION FROM THE OTHER DOWNTOWN BUSINESSES? I TRIED ATTENDING YOUR MEETING LAST MONTH AND I DON'T THINK ONE HAPPENS.

>> CORRECT. I WAS ACTUALLY TALKING TO CHRISTIE ABOUT THAT EARLIER TODAY. WE HAVEN'T HAD ONE FOR TWO MONTHS. MOSTLY JUST CONFLICT OF INTEREST. WE ARE JUST BUSY. THAT IS WHAT IT IS. YOU CAN'T JUST LEAVE OUR BUSINESS TO GO GIVE AN UPDATE THAT WE COULD GIVE THROUGH A NEWSLETTER. WE ARE WORKING ON THE SCHEDULE SO WE HAVE THE SPACE RESERVED THROUGH THE END OF THE YEAR AND SO I'M GOING TO TRY TO NOT CHANGE THE STATUS QUO BUT WE MAY ALTER THAT. WE DO HAVE MONTHLY MEETINGS AND WERE GOING TO TRY TO STICK TO THAT AND GET SOMETHING THAT -IT'S HARD TO GET EVERYBODY TOGETHER BUT WE NEED TO GET MORE THAN ONE OR TWO TOGETHER. I AM REPRESENTING EVERYONE AND IS NOT JUST CHAIRMAN I AM ONE OF THE CREW. BUT IT IS HARD

FOR US ALL TO BE HERE. SHORT 'S. >> THAT'S GREAT. I'M GLAD TO HEAR YOU'RE GETTING A LOT OF INTEREST. SOMETIMES THINGS HAPPEN AND PEOPLE GET A LOT OF INTEREST IN THAT IT

DWINDLES. >> WE ARE TRYING TO REACH OUT A LITTLE BIT MORE AND WE WOULD LIKE INPUT. WE WANT TO KNOW HOW PEOPLE FEEL. I DON'T KNOW. I DON'T WANT TO SPEAK BAD ABOUT ANYTHING ELSE BECAUSE I DON'T KNOW BUT IT SEEMS THAT THERE IS NOT THERE HAS NOT BEEN A LOT OF OUTREACH AND MAYBE I SHOULDN'T SAY. THERE'S NOT A LOT OF OUTREACH TO GET HOW WE FEEL AS DOWNTOWN BUSINESS OWNERS AND SOMETIMES THE DOWNTOWN BUSINESS OWNERS DON'T FEEL LIKE THEY ARE DOWNTOWN ALTHOUGH THEY ARE. WE WANT TO BRING A CULTURE OF FAMILY AND OF HOME. SO YEAH.

THERE IS STILL INTEREST AND WE ARE LOOKING FOR MORE.

>> ANY OTHER COMMENTS? >> THINK YOU EVAN. I KNOW THAT YOU'RE NOT SELLING COOKIES RIGHT NOW BECAUSE YOU ARE HERE.

IT IS 8:00 AND HE LAUGHED START CLOSING. BUT I THINK THIS IS HELPFUL ESPECIALLY WHEN WE SHARE THOSE THINGS AND WE CAN LOOK AT POTENTIALLY TAKING CHANGES. I LIKE THIS. I LIKE, I WAS TELLING THE BUSINESS OWNERS FOR A WHILE THIS IS HOW YOU CAN BE SUCCESSFUL IN THIS IS WHAT WE'VE DONE FOR YOU AND NOW YOU COULD BE SUCCESSFUL AND I THINK THIS IS A WAY FOR YOU ALL, HOW DO WE GET OUT OF YOUR WAY? LIKE YOU SAID WE PASSED ORDINANCES OR TAXES AND WE THINK WERE DOING GOOD BUT THEN WE GOT SOMEONE OVER HERE AND I THINK THIS IS SOMETHING THAT YOU THINK IS HELPFUL AND WE CAN MAKE THOSE DECISIONS IN THE BACK OF HER MIND. POTENTIALLY WE ARE HURTING 20 BUSINESSES AND WE ARE HERE TO HELP DEPENDING SO I THINK THIS IS

ALL HELPFUL. THANK YOU, SIR. >> I APPRECIATE IT.

[9.1. Consideration and possible action regarding possible appointments, re-appointments and/or removals to City Boards, Commissions, Task Forces, Economic Development Corporations, Local Government Corporations and Tax Increment Reinvestment Zone Boards, City Council Liaisons, and Area Government appointments ]

>> THAT BRINGS US TO ITEM 9.1 CONSIDERATION OF POSSIBLE ACTION REGARDING POSSIBLE APPOINTMENTS, REAPPOINTMENTS AND OR REMOVALS TO CITY BOARDS, COMMISSIONS, TASK FORCE, ECONOMIC DEVELOPMENT CORPORATIONS, LOCAL GOVERNMENT FOR DONATIONS, TAX INCREMENT REINVESTMENT ZONE BOARDS, CITY COUNCIL LIAISON AND AREA GOVERNMENT APPOINTMENTS.

>> WE MET LAST NIGHT AND WE INTERVIEWED TWO CANDIDATES FOR BUILDING AND STANDARDS AND ONE OF THE COUNTIES WAS ALSO INTERESTED IN THE ZONING BOARD OF ADJUSTMENT AND PREVIOUSLY THE RESUMES CAME OUT AND I DID NOT SEE THE EMAIL THAT WAS SUPPOSED TO COME OUT TO ALL OF COUNSEL THAT WE WERE GOING TO PUT THE TWO NAMES FOR IT AND I DON'T KNOW WHAT HAPPENED THERE BUT THE TWO NAMES WE WANTED TO PUT FORWARD WAS LET ME SEE IF I CAN GET IT RIGHT. JEFF EBNER FOUR ZONING BOARD OF ADJUSTMENT AND FOR BUILDINGS AND STANDARDS AND THEN: I'M NOT SURE OF HIS LAST NAMES. FOR BUILDINGS AND STANDARDS.

>> YOU SAID MR. ROLAND? >>: PAT KEY FOR BUILDINGS AND STANDARDS AND ZONING BOARD OF ADJUSTMENT.

>> JUST A LITTLE BIT ABOUT IT BOTH OF THEM ARE IN CONSTRUCTION AND LICENSED PLUMBERS AND CERTIFIED AND DO PROJECT MANAGEMENT ON CONSTRUCTION STUFF SO THEY WILL BOTH FIT WELL ON THE BUILDING AND STANDARDS.

>> SECOND. >> SO, I THINK THERE ARE TWO

[01:05:10]

GOOD CANDIDATES AND WE NEED PEOPLE ON THE ZONING BOARD OF ADJUSTMENTS AND STANDARDS THAT FILLS THE BOARD. AND THEN WE

CAN MOVE FORWARD ON THAT. >> WHAT WAS WARREN'S LAST

NAME? >> PICKY.

>> THAT WAS BUILDING AND STANDARDS?

>> YES. >> ALL RIGHT ANY DISCUSSION ON THE MOTION? SEEING NONE PLEASE CALL A VOTE. [VOTING]

>> THE MOTION PASSES. >> THE NEXT THING IS AT 5:30 TODAY WE AMENDED OUR BYLAWS TO REDUCE THE NUMBER SHIPPED FROM 7 TO 5. AND IN ADDITION BECAUSE THE COUNTY DECIDED NOT TO PARTICIPATE WE REMOVED THE TWO COUNTY BOARD MEMBERS BUT THE BYLAWS ALSO HAD ALLOWED THE COUNTY TO SPECIFY WHO THE VICE CHAIR WAS AND OBVIOUSLY WE WERE NOT GOING TO DO THAT SO WE MADE THAT CHANGE AND WE DECIDED THAT WE WOULD HAVE COUNSEL SET THE VICE CHAIR SO WE NEED COUNSEL TO PROPOSE A VICE CHAIR. MY PERSONAL OPINION SHOULD BE IN OTHER COUNCILMEMBERS IN THE ONLY OTHER TWO COUNCILMEMBERS SINCE COUNCILMEMBER THORNTON IS THE CHAIRMAN IT WOULD BE MYSELF OR TRAIN AI SECOND.

>> WERE GOING TO HAVE TO MAKE A MOTION AND THEN GET A SECOND AND DISCUSS WHY YOU THINK THEY NEED TO BE.

>> I WAS TRYING TO GIVE YOU AN UPDATED BACKGROUND HISTORY BEFORE ANYONE CAN MAKE A KE A MOTION.

>> IS ONE OF THE ARGUMENTS IS THAT WE MAKE MOTIONS BEFORE WE DISCUSS HOW WERE GOING TO DO IT AND THE MOTION COMES FIRST. I NEED A MOTION, A SECOND AND THEN WE CAN DISCUSS WHY THAT'S THE BEST ITEM. SO WHO IS IT THAT YOU FEEL NEEDS TO BE

THERE? >> IS THAT SOMETHING THAT YOU

WANT TO DO? VICE CHAIR? >> VICE CHAIR?

>> I MAKE A MOTION TO NOMINATE COUNCILMEMBER KOLAR FOR VICE

CHAIR. >> THERE IS A DONATION FOR COUNCILMEMBER KOLAR FOR VICE CHAIR. WE HAVE A SECOND?

>> SECOND. >> OKAY. NOW WE CAN DISCUSS WHY COUNCILMEMBER

KOLAR SHOULD BE VICE CHAIR. >> I THINK IT SHOULD BE A COUNCILMEMBER BECAUSE WE ALREADY HAVE A COUNCILMEMBER FOR CHAIR AND HAVE TO LEAVE THE MEETING AND WE NEED ANOTHER COUNCILPERSON RUNNING THE MEETING.

>> OKAY IS THERE ANY DISCUSSION ON THE MOTION?

>> CAN I ASK WHO THE MEMBERS ARE I DON'T REMEMBER THE FULL

MEMBERSHIP. >> I AM THE CHAIR.

COUNCILMEMBER COUNCILMEMBER KOLAR AND THEN WE HAVE RICK

HUTCHINS. >> IS YOUR MOTION CLEAR THAT

IT IS FOR THE TOURS BOARD? >> ANY OTHER QUESTIONS ABOUT COUNCILMEMBER KOLAR BEING THE VICE CHAIR OF THE BOARD? PLEASE CALL A VOTE. COUNCILMEMBER THOMPSON, MAYOR SNYDER, MAYOR PRO TEM GORDON, COUNCILMEMBER THORNTON, COUNCILMEMBER CLARK, COUNCILMEMBER KOLAR, AYE.

>> THE MOTION PASSES 6-0. >> ANOTHER THING TO DO IS I WOULD LIKE TO MAKE A MOTION TO DISSOLVE THE EMERGENCY PREPAREDNESS TASK FORCE SO IT CAN BECOME THE SUPPORT GROUP AS

WAS PRESENTED EARLIER TONIGHT. >> WE HAVE A MOTION DO I HAVE A SECOND? WE-KI SECOND BY MAYOR PRO TEM GORDON. FOR CLARIFICATION TO THE CITY ATTORNEY.

>> I DON'T KNOW IF YOU CAN DISSOLVE THE TASK FORCE.

>> THIS IS JUST ABOUT APPOINTING PEOPLE AND REMOVING

PEOPLE BUT I THINK WE WILL NEED A WHOLE AGENDA ITEM. >> IT HAS ALREADY EXPIRED. IT EXPIRED IN JULY AND WE NEVER RE-UPPED IT. I'M SAYING IT'S GONE. IT SAYS TASKFORCES UNDER

THE ITEM. >> AS I READ THIS THERE'S PLENTY TO REMOVE FROM THE BOARD. WE ARE NOT CHANGING STRUCTURES AND WHAT WE WILL DO IS BRING IT BACK AT THE NEXT MEETING AND IN THE CITY ATTORNEY CAN TELL US IF WE NEED TO DO ANY ACTION OR IF WE CAN JUST PASS A RESOLUTION TO COVER

[01:10:02]

OURSELVES. >> I DO HAVE A QUESTION. CAN WE APPOINT EVERYONE WHO IS CURRENTLY ON THE TASK FORCE TO THE EMERGENCY SUPPORT GROUP? WOULD THAT BE ALLOWED?

>> DID WE CREATE THE EMERGENCY SUPPORT GROUP?

>> I WOULD ASK WHEN WE BRING THE AGENDA ITEM BACK TO DISSOLVE THAT AND CREATE THE SUPPORT GROUP OR WHATEVER FUNCTION IT NEEDS TO BE FOR BILL.

>> DOES IT NEED TO BE CREATED?

>> IT DID NOT SOUND LIKE THAT WAS SOMETHING THAT WAS

NECESSARY. >> WE COULD DISCUSS WHETHER WE WANT TO DO SOMETHING WITH THE ITEM IN THE CITY ATTORNEY WILL GIVE US GUIDANCE AT THAT POINT IN TIME AND THEN WE CAN MAKE

THAT DECISION. >> I WAS GOING TO SAY LET'S

HAVE IT FOR BOTH. >> WILL MAKE IT AN ITEM INTO WHAT WE NEED TO DO. ARE YOU OKAY WITH SENDING THAT?

>> YES. >> ANY OTHER ITEMS FOR BOARDS

[10.1. Consideration and possible action on Ordinance No. O-2023-075 amending Chapter 18, Streets and Public Places, Article 18.03 to provide for construction requirements, insurance, bonding, enforcement and penalties; repealing ordinance in conflict and providing for an effective date (First Reading) (Legal) ]

AND COMMISSIONS? >> KNOW THAT CONCLUDES ALL.

>> MOVING ON TO ITEM 10.1 CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE 0-2023-075 AND ENDING CHAPTER 18, STREETS AND PUBLIC LEASES, ARTICLE XVIII.03 TO PROVIDE FOR CONSTRUCTION REQUIREMENTS, INSURANCE, BONDING, ENFORCEMENT AND PENALTIES; REPEALING ORDINANCE IN CONFLICT AND PROVIDING FOR AN EFFECTIVE DATE.

>> MAYOR AND COUNCIL I AM SORRY THAT I AM LATE TO SUBMIT THE REDLINE VERSION OF THIS IN THE ORDINANCE. WITHOUT THE REDLINE. BILL I MEAN, RICK AND I AND MATT HAVE WORKED ON THIS AND IF YOU WANT ME TO GO THROUGH THE REDLINE VERSION I

CAN. >> MAYBE IF YOU CAN GO THROUGH

IT REALLY QUICK? >> GENERALLY WHAT WE ARE TRYING TO DO IS THE ORIGINAL ARTICLE MDCCCIII RIGHT-OF-WAY WAS UPDATED BECAUSE OF STATE LAW ON NODES IN THE RIGHT-OF-WAY AND WHAT WE HAVE TRIED TO DO IS INTEGRATE THE NEW RIGHT-OF-WAY USERS WHICH ARE THE FIBER COMPANIES. SO, IF YOU LOOK AT YOUR UPDATED DEFINITIONS ON THE NEXT COUPLE OF PAGES YOU WILL SEE THAT THIS SMALL CELL PEOPLE WERE CALLED NETWORK PROVIDERS AND THEN WE HAVE A DEFINITION FOR PROVIDERS PUBLIC SERVICE PROVIDERS. SO, THAT IS A GENERAL ALL-ENCOMPASSING TERM. A LOT OF TIMES TECHNOLOGY IS MOVING SO FAST AND OUR REGULATIONS, WE HAVE TRIED TO DO IS ANTICIPATE ANYBODY THAT HAS SOME SORT OF TELECOMMUNICATION, CELLULAR OR FIBER THAT WILL TRY TO GO IN THE CITIES RIGHT-OF-WAY THAT WE CAPTURE THAT IN THIS ORDINANCE. WE HAVE EXPANDED IT FROM RIGHT-OF-WAY TO PUBLIC RIGHT-OF-WAY AND SOME OF THE PROBLEMS WE HAVE HAD IS PEOPLE ARE COMING IN AND TEARING UP PEOPLE'S YARDS AND THE CITY HAS THE RIGHT-OF-WAY BUT THEN THE PUBLIC RIGHT-OF-WAY IS FOR ALL THE PUBLIC USERS AND SO YOU WILL SEE THE INCREASED REGISTRATION REQUIREMENTS INCREASED PENALTIES. IT HAS A CULPABLE MENTAL STATE SO IF THEY ARE TAKEN TO MUNICIPAL COURT WE HAVE TO PROVE THAT UNDER STATE LAW FOR CRIMINAL OFFENSE. WE HAVE UPDATED CONSTRUCTION IN THE RIGHT-OF-WAY PROVISIONS UPDATED REGISTRATION PROVISION. THERE'S ONE CHANGE THAT I WOULD RECOMMEND AND THEY HAVE TO TELL US WHO THEY ARE. IT SAYS ON MARCH 31 AND I WOULD MOVE THAT UP TO JANUARY 1 BECAUSE WE ANTICIPATE THE ORDINANCE BEING PASSED BY THE END OF THE YEAR.

IF THEY ARE ALREADY IN THE RIGHT-OF-WAY AND THEY DON'T HAVE A PERMIT THEY ARE REQUIRED TO COME IN AND REGISTER AND GET A PERMIT. WE ARE GOING TO PROVIDE FOR A CONSTRUCTION MANUAL AND THAT WILL COME AT THE NEXT AGENDA. THAT IS FOR THE COUNCIL TO APPROVE A FINAL ORDINANCE. AT THE END OF THIS ORDINANCE IS THE PROVISIONS FOR THE NETWORK PROVIDERS. SMALL CELLS BECAUSE THE STATE WILL NOT ALLOW TO REGULATE THEM DIFFERENTLY INDESIGN ESPECIALLY IN HISTORIC AREAS. SO WE STILL NEED TO CORRECT SOME OF THE PROVISIONS THAT MAY HAVE OVERLAPS. I DON'T KNOW IF YOU CAUGHT ALL OF THEM.

>> ALL RIGHT. I WILL ENTERTAIN A MOTION FOR ITEM

[01:15:01]

10.1. >> I MAKE A MOTION FOR 10.1 WITH ADDING AND ACTING BECAUSE OF JANUARY 1, 2024.

>> THAT WAS ON PAGE 18? >> ACTUALLY, WHAT WE WANT TO DO IS PASS IT ON SECOND READING THIS YEAR AND HAVE THE REPORT ALL OF THE PEOPLE THE CONTRACTORS ON JANUARY 1 OF EVERY YEAR. SO EVERY YEAR WHEN THEY ARE REGISTERED.

>> THE REGISTERING HAS TO BE STARTED?

>> THE COORDINATES HAVE TO BE IN EFFECT SO THE ONES OUT THERE ARE NOT REGISTERED. THEY WILL GET NOTICE TO COME IN AND REGISTER BUT WHAT I WAS CHANGING FROM MARCH 1 TO JANUARY 1 WAS TELLING THE CITY EVERY YEAR WHO THEIR CONTRACTORS ARE. SO WE NEEDED THAT HEAR THAT DATE IS CLOSER TO WIN THE ORDINANCE IS PASSED.

>> WE HAVE THE MOTION AND IT WAS PRESENTED WITH REPORTING EVERY YEAR BY THE JANUARY 31 OF EVERY YEAR. DO WE HAVE A

SECOND? >> SECOND.

>> NOW WE WILL OPEN THIS UP FOR DISCUSSION.

>> I REALLY APPRECIATE WE HAD A LOT OF ISSUES WITH THIS AND I HAD A LOT OF CITIZENS REACH OUT AND I APPRECIATE YOU MOVING ON THIS BECAUSE IT'S SOMETHING WHERE WE CAN HOLD THEM ACCOUNTABLE WITH INSURANCE, TIMELINES THAT THEY HAVE TO PAY WE CAN REVOKE THE PERMIT AND WE CAN GIVE THEM FEES IF THEY AREN'T DOING STUFF. SO WAS MUCH AS WE CAN DO LEGISLATIVELY RIGHT NOW I APPRECIATE IT. AND BUILDING STANDARDS ALSO COMING UP SO WE CAN MAKE A COMMON DEVELOPMENT BASED ON CITY

ENGINEERING. >> ANY OTHER DISCUSSION?

>> I HAVE A QUESTION. I THINK IT WAS MENTIONED BEFORE BUT CAN THE CITY WHICH WE GET THE ORDINANCE IN ACTION CAN WE HOLD THE FIBER COMPANIES LIABLE FOR DAMAGES TO PROPERTY I THINK WE MENTIONED SOMETHING BEFORE THAT WE HAD ACTUALLY BEEN GOING THROUGH SOME SORT OF MITIGATION WITH THE COMPANIES? CAN YOU

REMIND ME? >> RICK CORONADO PUBLIC ENFORCEMENT DIRECTOR AND WE HAVE BEEN DOING AND I WANTED TO PROVIDE AN UPDATE. OBVIOUSLY AS WE ARE GOING THROUGH THIS ORDINANCE CHANGE AND THIS CHANGE IN GENERAL WE HAVE INCREASED OUR INSPECTIONS OF WHAT WE WOULD CONSIDER A POTHOLE INSPECTION SO ESSENTIALLY BEFORE ANY OF THE PROVIDERS CAN GO THEY HAVE TO HAVE A CLEARANCE OF THAT INSPECTION WHICH IS SHIFTING OUR RESOURCES TO THIS. TO ENSURE THAT SOME OF THOSE HIT WERE WE HAVE SEEN WHERE THEY HIT UTILITIES. WE HAVE HAD TO PROVIDE A BILL AND THIS IS THE DAMAGE THAT HAS BEEN DONE ON THE PUBLIC SIDE. IT IS HARD FOR US TO CONTROL WHAT IS DAMAGE ON THE PRIVATE SIDE.

HOPEFULLY THIS WILL HELP US HAVE A LITTLE MORE CONTROL OR MANAGEMENT WITH THOSE RESOURCES. IT WILL SHIFT SOME OF THAT RESOURCE TO CONSTRUCTION IN GENERAL. WE CAN PUT A PLUG IN. WE DO HAVE SOME POSTINGS UP THERE TO TRY TO ATTRACT MORE INSPECTION TEAMS TO HELP WITH THIS EFFORT.

ESPECIALLY AS WE GO INTO THE NEW ORDINANCE REQUIREMENTS.

INTO YOUR POINT THAT IS STILL ONE OF THOSE HIT AND MISS. ONE WE HAVE TO KNOW AND IDENTIFY WHO THAT CONTRACTOR IS IN ORDER TO HOLD THEM LIABLE AS WELL. SO PART OF THIS REGISTRATION WILL HELP TO IDENTIFY WHO HAS A PERMIT DOING THE WORK. AND THEY HAVE TO PROVIDE THAT AND WE CURRENTLY HAVE THAT BUT ON OCCASION WE WILL HAVE TO FIND SOMEONE WHO DOES NOT HAVE A

PERMIT. >> OKAY, THANK YOU. I WANT TO SAY AGAIN THANK YOU TO LEGAL. I KNOW YOU'RE WORKING HARD ON THIS AND IT'S DEFINITELY A LEGAL CHALLENGE WITH THIS.

IT'S NOT A UTILITY. THANK YOU ALL.

>> IF I COULD ADD TO RICK'S COMMENT ONE OF THE THINGS THAT YOU WILL SEE WHEN WE BRING IT FORWARD I THINK IT IS IN THE ORDINANCE AS WELL NOT ONLY DO THEY HAVE TO REGISTER WITH THE CITY BUT THEY HAVE TO PROVIDE A CERTIFICATE OF INSURANCE AND

[01:20:06]

THEY HAVE TO PROVIDE US BONDS. THAT WILL HELP US HAVE LEVERAGE ON THESE CONTRACTORS AND THESE PROVIDERS SO THAT IF THEY ARE NOT PLAYING BALL WITH US THEN WE CAN TINGLE THAT CARE IN FRONT OF THEM AND SAY WE HAVE THIS WE CAN PULL THIS BOND AND GO FIX IT OURSELVES THAT SHE WANTED TO. THAT'S ANOTHER THING TO GIVE US SOME LEVERAGE.

>> OKAY, THANK YOU. >> I WANTED TO ADD THAT I HOPE AS THIS GOES FORWARD I CAN SEE THIS GENERATING A LOT OF WORK FOR CITY STAFF AND THAT IS NOT HAPPENING TODAY. I WANT TO MAKE SURE THAT WE TRY TO FIGURE OUT WHERE THAT IS COMING FROM AND MAKE SURE IF THERE ARE ANY WAYS THAT WE NEED TO ADD A FEE SOMEWHERE OR SOMETHING LIKE THAT. I DON'T WANT TO COME BACK IN A YEAR AND SAY WE BLEW THROUGH A FOURTH OF $1 MILLION IT'S COSTING US A LOT OF MONEY LET'S COME BACK AND SAY WE NEED TO COLLECT MORE FEES AGAINST THIS AND WE NEED TO FIGURE OUT HOW TO SCHEDULE FEES WHATEVER IT IS THAT TO MAKE SURE THEY

ARE PAYING THEIR COST. >> I'VE ALREADY ANTICIPATED THAT SO WE ARE WORKING WITH DOTTIE AND PART OF THE REGISTRATION WILL INCLUDE A FEE THAT THEY HAVE TO PAY TO REGISTER WITH US SO I DIDN'T REALLY KNOW.

>> YOU WON'T KNOW UNTIL WE GO FURTHER DOWN THE ROAD.

>> IT IS A NUMBER YOU ARE GETTING SOMETHING.

>> WE LOOKED AT SEVERAL CITIES AND WE HAVE A GENERAL IDEA OF WHAT THEY ARE CHARGING. SO WE WILL DO SOMETHING SIMILAR. WE WILL MAKE SURE WE ARE NOT UNDER CHARGING.

>> THANK YOU. >> COUNCILMEMBER THOMPSON? MAYOR PRO TEM GORDON? COUNCILMEMBER THORNTON? WE'VE GOT 5 MINUTES THEY HAD TO GO FAST. IF WE COULD RENUMBER THIS TO WHERE SOMEONE COULD SAY SECTION 3 PARAGRAPH WHATEVER BECAUSE I'VE GOT A COMMENT ON PAGE 6 AND HAVE NO WAY OF TELLING YOU GUYS WHERE I AM AT. BECAUSE IS JUST STUFF BUT IT SAYS PAVEMENT CUT A CUT MADE INTO THE PUBLIC SERVICE AND RIGHT-OF-WAY. WOULD LIKE TO DO SOMETHING TO WHERE WE COULD NOT OPEN CUT ON A ROSE BUT I DON'T KNOW WHAT IT IS ABOUT GOVERNMENT. THEY PAVE THE ROAD AND IN A UTILITY GUY COMES BY AND CUTS A BRAND-NEW ROAD OPEN AND IT'S LIKE THE DOG A 3 FOOT TRENCH. THEY PUT 3 FEET OF ASPHALT BACK AND WE AS TAXPAYERS HAVE TO COME BACK AND FIX THAT AND YOU KNOW WHAT, I WOULD LIKE TO SEE SOMETHING LIKE THAT TO WHERE YOU CAN EITHER MILL AND OVERLAY HOWEVER YOU DO IT THREE TIMES TO WHERE YOU DON'T HAVE THAT SECTION AND IF IT COST MORE MONEY I WOULD RATHER THEM PAY THAN THE TAXPAYERS PAY. I LOVE COMMUNICATION BECAUSE I STARTED GETTING CALLS ON SOME I DID THIS WEEK AND I'M TRYING TO FIGURE OUT WHY IT COST MUCH TO DO THIS STUFF IS LIKE ASTRONOMICAL. IN ONE OF THE COMMENTS I DON'T KNOW IF IT'S IN THIS BECAUSE IT'S 50 PAGES BUT WHEN PEOPLE ARE LAYING UTILITIES THEY ARE TELLING ME THEY ARE BEING FORCED TO BACKFILL WITH A SLEDGE FILL OR BASICALLY LIKE A ROAD MIX AND THEY ARE SAYING IT'S NOT TYPICAL OF OTHER CITIES. THEY ARE SAYING IS ACTUALLY BAD FOR US LONG TERM BECAUSE IF YOU PUT ROAD BEAST INTO A WATER LINE THEN THE WHOLE SECTION IS DIFFERENT. SO WHEN THE GROUND IS MOVING AND EXPANDING IN THAT SECTION ISN'T REALLY NEEDS TO BE LIKE MOST CITIES BACKFILL WITH THE MATERIAL THERE AND IT IS INSPECTED BUT WHAT THEY ARE TELLING ME IT IS AN EXPONENTIAL INCREASE IN COST. IT HELPS THE DEVELOPERS OUT FRONT BUT THEN THE CITY IS OUT FOR WHATEVER REASON WE ARE PAYING A BUNCH MORE AND SO WHEN YOU GUYS COME UP FOR A SECOND READING WERE GOING TO HAVE A SECOND READING RIGHT THERE GOT TO SEE IF IT'S IN THERE BECAUSE I SEE THAT THERE ARE MENTIONS OF HOW YOU DO THINGS BUT I DON'T KNOW WHERE THAT DESIGN SPEC IS.

>> I THINK IT WILL BE IN THE CONSTRUCTION MANUAL ALL THE

DETAILS LIKE THAT. >> AND MAY BE. BUT ALL OF A SUDDEN I HAVE ONE OTHER PERSON WHO'S LIKE I DID NOT KNOW THAT IT DID NOT MAKE SENSE BUT THEY DID SAY THE SIDEWALK SPEC IS STRONG SO WERE NOT GOING TO BE DOING THAT ANYTIME SOON SO, THE LAST THING I GOT 2 MINUTES. PENALTIES YOU SAID THERE ARE PENALTIES I'M SORRY, YOU SAID THAT YOU WOULD CATCH THEM IF THEY'RE SUPPOSED TO HAVE ANYTHING INSPECTED BEFORE THEY GO INTO THINGS? WHAT IS THE PENALTY FOR IF I DIG A TRENCH AND LAY A FIBER LINE AND FILL IT IN AND THEN YOU FIND OUT WHAT YOU GOING TO DO FOR ME? WHAT IS THE PENALTY?

[01:25:04]

>> THAT IS A GOOD QUESTION. AND ALL WE CAN REALLY DO IS

THAT IS A LEGAL QUESTION. >> THERE IS THE MUNICIPAL COURT PROSECUTION, I BELIEVE WE BUILT IN SOME AND WE REVOKED THEIR PERMIT. THEY CAN'T OPERATE IF THEY VIOLATE THE

ARTICLES. >> IF YOU COULD BRING THAT BACK FOR A SECOND. TELL ME WHAT IT IS THAT WE CAN DO BECAUSE IF IT IS A SPEEDING TICKET THEN THESE GUYS CAN GO OUT THERE AND THEY CAN GET INSPECTED BUT IF THIS IS THE POLICE DEPARTMENT THEY MAKE COME UP AND ARREST YOU FOR TRESPASSING BECAUSE YOU DID NOT HAVE THE RIGHT TO TAKE THAT TRENCH AND NOW WE GOT SOMEONE'S ATTENTION BECAUSE THE FIRST TIME A CONSTRUCTION CREW GETS THROWN IN JAIL FOR DIGGING A TRENCH IN SOMEONE'S YARD WITHOUT PERMITS AND INSPECTIONS AND WORD WILL GET AROUND REALLY QUICK THAT PEOPLE ARE GOING CRAZY AND MAKE SURE YOU TALK TO THE STAFF AND PAY YOUR FEES.

WHATEVER THAT IS BECAUSE I FEEL LIKE RIGHT NOW THEY RUN THE SHOW NOT THE CITY AND OTHER PROPERTY OWNERS. AND WE HEARD FROM SOMEONE TODAY BUT THEY DUG UP THE WHOLE TOWN AND THEY BUSTED UP EVERYTHING FIX SOME OF IT AND GOING FORWARD I WANT THEM TO BE LIKE THEY ARE VERY FIRM BUT FAIR. FOLLOW THE RULES AND THEY WILL LEAVE YOU ALONE. IF YOU BREAK THE RULES

THERE WILL BE HELL TO PAY. >> WE HAVE IT UNDER VIOLATIONS OF THE ARTICLE THAT AGAIN IF IT IS A PUBLIC RIGHT-OF-WAY IF THE DAMAGE PUBLIC OR PRIVATE FACILITIES WITHIN THE PUBLIC RIGHT-OF-WAY BECAUSE OF THE COMPLAINTS WE WERE GETTING. IT IS THE OLD ORDINANCE OR GENERALLY THE CITY'S RIGHT-OF-WAY AND NOT THE PUBLIC RIGHT-OF-WAY FOR ALL THE UTILITIES ARE. THEY DON'T CLEAR THEIR DEBRIS OR STABILIZE ANY DISTURBED AREA AND THEN THE FINES ARE $500 NOT TO EXCEED 2000. SO WHEN THEY GO TO COURT IT WOULD BE WHAT THE JUDGE

WOULD FIND THEM. >> ANYBODY FOR ROUND 2?

>> I DO HAVE A COMMENT BUT I DON'T HAVE 5 MINUTES.

>> WE ALL WENT THROUGH IT. YOU CAN SPEAK A SECOND TIME.

>> CAN WE DO SOMETHING IN THERE TO THE PAVEMENT CUTTING CONCERN? CAN WE PUT IN THE ORDINANCE ABOUT WHAT DO THEY CALL IT? CAN WE SAY NO YOU CANNOT DO THAT AT ALL?

>> I DON'T KNOW THE RULES ON HOW THIS WILL WORK.

>> I DON'T WANT TO TALK FOR AN HOUR. ON THE OPEN CUTTING FOR THE ROAD CONCERN IN THE CONSTRUCTION MANUAL YOU WILL SEE THAT I HAVE A 60 MONTH WINDOW SO IF WE PAVE THE ROAD WE CANNOT CUT THAT ROAD WITHIN 60 MONTHS. AND ANY TIME YOU DO CUT I HAVE CHANGED OUR STANDARD DETAILS WHERE BEFORE YOU COULD CUT AND PATCHED THE LITTLE TRENCH BUT NO LONGER. SO I

FIXED THAT. >> THAT IS IN -

>> IT IS IN THE CONSTRUCTION MANUAL THAT THIS REFERENCES.

THAT WILL COME BACK NEXT TIME BECAUSE IT IS REFERENCED IN THE ORDINANCE AND ON THE FINAL PASSAGE IT WILL BE ATTACHED TO

THE ORDINANCE. >> THANK YOU. > AS FAR AS PIPE BEDDING HOST OF THESE ARE BORING AND THAT SHOULD BE A TOPIC FOR THEM BECAUSE THEY ARE JUST TUNNELING UNDER THE GROUND. I DON'T KNOW WHY THEY ARE COMPLAINING THAT IS EXPENSIVE. AS FAR AS OUR UTILITIES IN THE ROAD IT IS NOT REALLY THIS BUT WE ARE PRETTY MUCH DOING THE SAME THING THAT GEORGETOWN IS DOING. OUR SPEC ON THE ROCK THAT WE USE IS A LITTLE BIT DIFFERENT. IT IS BASICALLY THE EXACT SAME THING AND THEN DOTTIE IS IT. I THINK THAT ADDRESSES ALL YOUR

CONCERNS. >> WE DO HAVE PROVISIONS THAT COULD BE THE ONE CALL DIAL BEFORE YOU DIG AND THAT IS IN

THE ORDINANCE. >> WE HAVE TO DO THIS SO THE THING THAT RICK IS ASKING THEM TO DO NOW WHEN THEY GO INTO THE POOR AND THE WE PHYSICALLY HAVE TO LOOK AT EVERYTHING THEY HAVE TO DO THAT IN THE CONSTRUCTION MANUAL OR WE CANNOT MOVE FORWARD. SO THIS NEW CONSTRUCTION MANUAL WILL SAY YOU DO THE ONE CALL AND LOCATE THE LINE AND THEN THAT'S NOT ENOUGH FOR US. YOU HAVE TO GO OUT THERE AND FOR THAT WITH A POTHOLE AND MAKE SURE YOU KNOW EXACTLY WHERE THE CITY UTILITY

[01:30:01]

IS AN HAVE TO STAY IN A CERTAIN DISTANCE AWAY FROM THE CITY.

AND THAT IS ALL UNDER CONSTRUCTION. . IS THAT THE EN OF THE DISCUSSION? PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES 6.0.

[11.1. Consideration and possible action on Resolution No. R-2023-313 to amend the City Council Protocol Policy adopted on November 2, 2023 (Mayor Pro Tern Peter Gordon, Councilmember Brian Thompson) ]

NEXT WE HAVE 11.1 CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION R-2023- 313 TO AMEND THE CITY COUNCIL PROTOCOL POLICY ADOPTED ON NOVEMBER 2, 2023.

>> MAYOR, WE RAN INTO THIS A COUPLE INCIDENTS LAST MEETING WHERE I THINK IT IS BENEFICIAL TO ALLOW COUNCILMEMBERS TO ASK CLARIFICATION QUESTIONS AHEAD OF MAKING A MOTION BECAUSE THERE COULD BE CLARIFICATION NEEDED IN ORDER TO KNOW WHAT MOTION TO MAKE WHETHER IT IS FOR OR AGAINST OR IF THEY NEED TO MODIFY A MOTION OR AMEND IT. AND SO I JUST SAW THAT IT HAS BECOME A LOOPHOLE THAT WE CAN CLOSE UP AND MAYBE IMPROVE OUR DISCUSSION. AND SO MY RECOMMENDED WORDING CHANGE WOULD BE TO MODIFY THIS SECTION THAT IS HIGHLIGHTED, UNDERLINED IN BOLD IN THE PRESENTATION WHICH SAYS COUNCILMEMBERS WILL BE ALLOWED TO ASK QUESTIONS AND RECEIVE ANSWERS IF CLARIFICATION ON THE ITEM IS NEEDED DELIBERATION ON THE ITEM SHOULD BE RESERVED UNTIL AFTER THE MOTION IS MADE. THIS IS INTENDED TO STAFF MEMBER GIVES A PRESENTATION AND MAYBE THERE IS SOMETHING THAT THEY MISSED OR SOMETHING THAT YOU DON'T UNDERSTAND SO IN ORDER TO MAKE A MOTION AND YOU FEEL LIKE YOU NEED MORE CLARIFICATION BEFORE YOU ARE WILLING TO MAKE A MOTION THEN THAT SHOULD BE ALLOWED. THAT WAS MY

INTENTION. >> WHERE WAS THAT AT?

>> IN THE AGENDA ITEM REPORT. UNDER THE BACKUP INFORMATION.

IT IS UNDER THE BACKUP. >> AS WE HAVE IT NOW NOW WE

NEED TO ENTERTAIN A MOTION. >> I MAKE A MOTION TO APPROVE

AS PRESENTED. >> SECOND.

>> WE HAVE THAT MOTIONED BY COUNCILMEMBER CLARK AND SECONDED BY COUNCILMEMBER THOMPSON AND THAT LEADS US OPEN TO QUESTIONS. ANY QUESTIONS? ALL RIGHT. THIS IS SECTION 2.

PARAGRAPH I. >> THAT IS L ACTUALLY.

>> WHAT WAS THE LOW NUMBER? >> TWO.

>> IT'S THE LAST SENTENCE OF THAT.

>> WHERE IS THE TIME AT? >> I AM NOT PROPOSING A TIME.

>> THAT IS ON NUMBER 4? HERE IS MY ONLY CONCERN WITH THIS.

WHAT IS THE LIBERATION AND WHAT IS THE CLARIFYING QUESTION? WHAT IS WE ARE GETTING INTO THESE THINGS? WHAT I WOULD LIKE TO DO IS ASK OURSELVES WHAT IS IT THAT WE ARE TRYING TO ACCOMPLISH? ARE WE TRYING TO LIMIT A CONVERSATION? I KNOW YOU GUYS HAD THE ROBERTS RULES OF ORDER AND THERE IS A PROCESS WHERE YOU CAN HAVE A MOTION FIRST. AND THEN YOU ARE MAKING A MOTION THEN WE DISCUSS IT AND THAT IS NOT HOW MOST OF THESE IN THE AREA DO IT. I CAN ASSURE YOU THAT. THERE IS A DISCUSSION WITH STAFF MEMBER AND THEN AFTER THAT THERE IS A MOTION MADE AND SOMETIMES THERE IS DISCUSSION BACK AND FORTH ON SOME THAT I FEEL LIKE WE ARE BEING FORCED TO MAKE A MOTION FIRST AND THEN LISTEN TO EVERYBODY'S CONVERSATION AND THEN IT'S LIKE YOUR MIND IS MADE UP WHEN YOU MAKE THAT MOTION BECAUSE I HAVE NOT HEARD YOU SAY SOME THING AND YOU MAY SAY SOME THING AND ALL OF A SUDDEN I DON'T LIKE THAT MOTION AND I HAVE TO RESEND IT AND IT WOULD HAVE BEEN NICE TO HEAR YOUR THOUGHTS OR SOMEBODY THOUGHT FIRST. WE KEEP AMENDING THESE PROTOCOLS AND I SAY THIS IS NOT TRYING TO BE

[01:35:01]

FUNNY WHEN I SAY THIS BUT WE SPENT MORE TIME AS A COUNSEL FIGURING OUT HOW TO DO COUNSEL PROTOCOLS THEN WE HAVE ON OTHER ITEMS THAT ARE REALLY IMPORTANT TO THE PUBLIC. SO WHATEVER WE ARE DOING I THINK WE SHOULD TAKE THE TIME AWAY AND WE OUGHT TO WE'VE GOT QUESTIONS ASKED THE QUESTIONS TO THE STAFF AND BE PREPARED FOR THE MEETING. MAKE A MOTION AND AT THAT POINT TO ME WOULD ONLY DEBATE THE MOTION. HE WOULD NOT GO ANYMORE WITH THE ITEM. IF I SAY ON THIS I MAKE A MOTION TO WHATEVER RESEND THE ENTIRE COUNSEL PROTOCOLS AND IF I GET A SECOND WE WILL DISCUSS WHY WERE WE SENDING IT WHAT WAS IN THERE? I DON'T KNOW. IT'S UP TO YOU GUYS I FOLLOW WHATEVER THE RULES THAT YOU SET ARE BUT IF WE KEEP MAKING RULES FOR SOME REASON I DON'T KNOW WE TEND TO NOT LIKE THE RULES AND YOU CAN LEAVE IT TO ME TO DETERMINE WHO IS ASKING CLARIFYING QUESTIONS AND WHO IS DELIBERATING.

>> I WOULD SAY DELIBERATING WOULD MEAN TALKING TO ADDITIONAL COUNCILMEMBERS AND I WOULD SAY ASKING QUESTION WOULD BE A VERY CLEAR EASY WAY TO SEE IT. IT DOESN'T REQUIRE A JUDGMENT CALL. IT IS VERY OBVIOUS RIGHT AND YOU CAN DIRECT THE QUESTION TO THE PERSON GIVING THE PRESENTATION.

AND THEN YOU MAKE YOUR MOTION. >> ANY OTHER DISCUSSION? BEFORE WE GO BACK AROUND? THAT IS ANOTHER THING. IN ORDER FOR ME TO HAVE A CONVERSATION THE WAY THE RULES ARE WRITTEN IN ORDER TO HAVE A CONVERSATION HE MAKES A POINT I CAN'T HAVE A QUICK DISCUSSION WITH THEM . WE ALL HAVE A CHANCE TO SPEAK AND THEN GO BACK AND TALK AND THAT SEEMS EXTREMELY INEFFICIENT.

QUITE ODD TO ME. >> THOSE ARE ROBERT'S RULES.

EVERYONE GETS A CHANCE TO SPEAK AND THERE'S NO DEBATE.

>> WE ARE GOING DOWN TO THE LETTER OF THE LAW AND SAYING A LOT OF CITIES ARE NOT LETTER OF THE LAW. THERE'S A GENERAL PROCESS AND OUTLINING. TO ME WE ARE NOT EVEN DELIBERATING AS A GROUP. WE ARE JUST FIRING OFF MOTIONS. BUT TO YOUR POINT I DIDN'T START THE TIME BUT TO YOUR POINT IT'S LIKE EARLIER.

>> YOU TALKED THEN IT WAS MY TURN I TALKED AND YOU DIDN'T

GIVE ANYONE ELSE A CHANCE. >> I SAID DOES ANYONE ELSE HAVE ANYTHING TO SAY? THAT'S MY THING EARLIER WHEN YOU ARE MAKING A DISCUSSION I TOOK THAT AS A DELIBERATION WHEN IT COMES TO WHAT WE DO AS A BOARD BECAUSE WERE NOT ASKING ANYONE QUESTIONS YOU JUST TALK ABOUT WHAT YOU WANT TO DO TO MAKE THE MOTION AND THE WAY THAT I SEE THE RULES ARE SET UP IN BLACK-AND-WHITE AND YOU CAN'T DO THAT. YET TO COME OUT OF THE GATE AND SAY I WOULD LIKE TO DO XYZ AND THEN YOU HAVE TO GIVE SOMEONE TO GIVE A SECOND AND UNLESS YOU WORKED AT A TIME TO GET THE SECOND WHICH I HOPE YOU'RE NOT DOING AND SOMEONE HAS TO GO I DON'T KNOW WHY YOU WOULD WANT THAT AND SO I GUESS I WILL SECOND IT TO UNDERSTAND IT AND THEN WE ALL DELIBERATE IT AND SO, ANYWAY. I WILL FOLLOW WHATEVER YOU GUYS SAY BUT WE ARE MAKING IT VERY DIFFICULT HERE. TO CONDUCT

BUSINESS. >> I WILL CLOSE BY SAYING I THINK WE HAVE DEMONSTRATED OVER THE PAST COUPLE OF YEARS THAT WE ARE OFTEN TIMES INCAPABLE OF DOING IT. SOMETIMES I THINK WE NEED TO WHEN WE ARGUE WITH EACH OTHER WE GO BACK AND FORTH AND I'M GUILTY OF IT JUST LIKE ANYONE ELSE AND SOMETIMES IT'S HELPFUL TO AT LEAST FOR A TIME TO FOLLOW THE MORE STRICT RULES SO WE CAN BE MORE NOT ONLY EFFICIENT IN OUR MEETINGS BUT MORE RESPECTFUL OF EACH OTHER AND EVEN THE BACK AND FORTH WITH THE ARGUING THERE HAS BEEN 20 OF THAT. AND SO, IN MY OPINION I LIKE IT AND I THINK IT COULD BE A LITTLE BIT OF A STRUGGLE AT TIMES AND IT MAY SEEM FORCED AND RIGOROUS BUT OVER TIME I THINK IT WILL HELP US AND THAT'S JUST MY OPINION.

>> ANYONE ELSE? ALL RIGHT. PLEASE CALL A VOTE.

>>.[VOTING] >> THAT PASSES 6-0. GIVE ME JUST A SECOND SO I CAN REVIEW THIS ONE FOR TIME. LET'S RUN

[12.1. Consideration and possible action relating to the Emory Farms Intersection Improvements project (CIP T11-2023) (Matt Rector) ]

[01:40:05]

THE CHANGE CORRECTLY. OKAY. ALL RIGHT. THAT BRINGS US UP TO ITEM 12.1 CONSIDERATION AND POSSIBLE ACTION RELATING TO THE EMORY FARMS INTERSECTION IMPROVEMENTS PROJECT CPI T11-

2023. >> GOOD EVENING CITY COUNCIL FOR THE RECORD MATT RECOR CITY ENGINEER. THE PURPOSE FOR THIS ITEM TONIGHT I WILL GIVE YOU A QUICK RECAP TO REFRESH EVERYONE'S MEMORY ON THE PROCESS THAT WE FOLLOW TO GET HERE. I WANTED TO PUT THIS IN FRONT OF YOU TO CLARIFY A COUPLE OF THINGS. BACK IN MY 2019 I THINK IT WAS ACTUALLY 2021 THE COUNCIL STARTED A PROCESS DEALING WITH THE INTERSECTION IN 2022 WE AWARDED A CONTRACT TO STUDIO 19 A LANDSCAPE ARCHITECTURE FIRM TO LOOK AT DOING SOME GATEWAY SIGNAGE AND ARCHWAYS AND THINGS LIKE THAT ON THIS INTERSECTION.

IN APRIL OF THIS YEAR WE HAD A WORKSHOP WITH THE CITY COUNCIL AND THEY PRESENTED FOUR OPTIONS AND YOU WILL FIND THOSE I THINK IN MAY WE BROUGHT THOSE OPTIONS TO YOU GUYS AGAIN AFTER THE WORKSHOP. YOU CHOSE THE OPTION APPEAR WITH MINOR MODIFICATIONS. AND IN JULY WE AWARDED A CONTRACT TO STUDIO 1619 TO AMEND THEIR SERVICES TO ADD CIVIL ENGINEERING BECAUSE CIVIL ENGINEERS DEAL WITH ROADS AND ARCHITECTS DON'T. WE STARTED DOWN THE PROCESS BUT THERE HAVE BEEN SEVERAL CONVERSATIONS AND IT SEEMS LIKE MAYBE THE COUNCIL WASN'T SURE THAT WE WANTED TO CONTINUE DOWN THIS ROAD OF DOING ALL THIS STUFF. AS I PRESENTED TO YOU AT THE LAST MEETING WE JUST GOT THEIR PRELIMINARY TRAFFIC REPORT BACK. THEY WENT OUT AND THEY DID TRAFFIC COUNTS STUDY THE INTERSECTION AND THEY MADE SIDE VISITS AND WATCH THE PEDESTRIANS CROSSING WATCH THE TRUCKS MOVING THOSE KINDS OF THING. THEY GAVE US REPORT AND THEY GIVE ME FEEDBACK ON THE FINAL REPORT AND SO HERE WE ARE. BEFORE I GAVE THEM DIRECTION TO MOVE FORWARD WITH THIS DESIGN WHICH WE AGREED ON BACK IN JULY I WANTED ONE MORE TIME TO MAKE SURE THAT COUNSEL WAS STILL ON BOARD AND GOING IN THIS DIRECTION AND I KNOW THERE'S BEEN SOME DEBATE ABOUT WHETHER WE WANTED TO CHANGE YOUR MIND AND DO SOMETHING A LITTLE LESS COSTLY. THE REPORT BASICALLY SAID THAT SOME OF THE STUFF WE KNEW THERE'S A LOT OF PEDESTRIANS THAT ARE USING THE INTERSECTION SO WE NEED TO MAKE IT PEDESTRIAN FRIENDLY. THE ROUNDABOUT DESIGN IS OUTDATED. NOT THAT IT WAS WRONG IT'S JUST OUTDATED. AND BECAUSE OF THE SIZE TRUCKS THAT ARE GOING THROUGH THEIR IT DOESN'T WORK PROPERLY. THE INTERSECTION DOES NOT HAVE A PROPER ALIGNMENT. YOU CAN SEE IT IS A WEIRD OFFSET THE TRAFFIC CIRCLE. THEY DID A SPEED STUDY AND THEY ARE RECOMMENDING WE KEEP THE 30 MPH SPEED LIMIT.

THEY DID NOTICE THAT THERE IS A HIGHER PROPENSITY FOR PEOPLE TO SPEED SPECIFICALLY ON SCHNEIDER BOULEVARD AND THEY RECOMMENDED WE DO ADDITIONAL ENFORCEMENT. THEY WANT OR ARE RECOMMENDING THAT WE DO DOUBLE UP ON THE NO TRUCK SIGNAGE ON EMORY FARMS SIDE OF THE SUBDIVISION AND NOW NOT ONLY DO WE DOUBLE UP ON SIGNAGE WE USE BIGGER SIGNS TO MAKE IT MORE PRONOUNCED. THERE RECOMMENDING WE MOVE THE ROUNDABOUT. TECHNICALLY WE DON'T NEED THE WARRANTS TO DO AN ALWAYS STOPPED INTERSECTION HOWEVER BECAUSE OF THE UNIQUE GEOMETRY AND LIMITED SIGHT DISTANCE AND PEDESTRIAN COUNT THAT THEY NOTICED GOING THROUGH THE INTERSECTION THEY ARE SUGGESTING WE DO AND ALWAYS STOPPED CONTROLLED INTERSECTION. ALSO BECAUSE OF THE NUMBER OF TRUCKS THEY ARE SEEING A NUMBER OF MOVEMENTS THAT THEY OPERATE THEY ARE SUGGESTING THAT WE ADD IN A MEDIAN ON THE EMORY FARMS SIDE AND BASICALLY SQUEEZE THE ROAD FROM THE MIDDLE OUT. AND THEN WE DON'T NEED ANY OF THE WARRANTS FOR THE SIGNAL AT THIS TIME. SO ALL OF THAT IS BEFORE YOU THIS EVENING. AND I WILL OPEN IT UP TO CONVERSATIONS, QUESTIONS, CLARIFICATIONS. THE PURPOSE I'M HOPING TO GIVE SOME FINAL DIRECTION SO I CAN GO BACK TO THE CITY OF 1619 TO GIVE THEM A CLEAR PATH FORWARD.

>> BEFORE WE ENTERTAIN A MOTION WITH NEW RULES ARE THERE

ANY QUESTIONS? >> I HAVE ONE. IT IS MY UNDERSTANDING THAT IF WE DO THIS DESIGN AS PRESENTED WITH THE RECOMMENDATIONS THAT THEY MADE TO ALWAYS STOP WE ALREADY HAVE THAT IN THE BUDGET IS IN A LINE ITEM IN ITS ALREADY

[01:45:03]

COVERED AT THAT AMOUNT. IS THAT A CORRECT STATEMENT?

>> YES THAT IS CORRECT. >> THAT'S MY ONLY QUESTION.

>> ANY OTHER QUESTIONS? DO I HEAR ONE START? I WILL

ENTERTAIN A MOTION FOR 12.1. >> I WOULD MAKE A MOTION THAT WE PROCEED WITH THE CIP PLAN AS PRESENTED. WE ALREADY DEBATED IT IN BUDGET AND WE ALREADY APPROVED IN BUDGET.

>> I MAKE A MOTION. WE CAN GET A SECOND AND THEN YOU CAN

EXPLAIN WHY YOU WANT TO DO IT. >> I MAKE A MOTION TO COME

FORWARD WITH THE PROJECT. >> SECOND.

>> NOW, WHY DO YOU WANT TO DO IT?

>> WE ALREADY LOOK THROUGH AND IDENTIFY THIS AS THE BUDGET.

IT'S ALREADY FUNDED IN THE LINE ITEM SO IT'S NOT GOING OVER BUDGET OR ANYTHING LIKE THAT AND IS WHAT WE ALREADY PLAN TO DO SO IT MAKES SENSE. ESPECIALLY WE NEED TO GET GOING ON THIS BECAUSE THE OTHER MITIGATIONS WE TALKED ABOUT DOING WE CAME UP HERE WITH THE ACADEMY WE NEED TO BE FORWARD LOOKING AND WE DON'T NEED TO PUT SOMETHING DOWN. LET'S GET SOMETHING FIXED BEFORE THERE'S EVEN MORE TRAFFIC GOING DOWN ALLIANCE BOULEVARD AND THIS BECOMES THE BACK WAY FOR PEOPLE

TO GET IN. >> ANYBODY ELSE?

>> I THOUGHT THIS WAS SOMETHING THAT WE TALKED ABOUT DURING THE CIP AND SO I FELT CONTENT WITH THE DIRECTION WE WERE MOVING IN. SO BEING RESPONSIBLE WITH WHAT WE BUDGETED AND HOW MUCH WE SPENT I JUST THINK IT WOULD BE VERY SHORTSIGHTED TO SWITCH IT NOW ESPECIALLY WHENEVER WE HAVE EVERYTHING ACCOUNTED FOR AND MOVE FORWARD WITH. THAT IS WHY I DO THINK THAT THIS WILL BE THE CORRECT DIRECTIVE FOR SOFT

MOVING FORWARD. >> I LIKE IT, TOO. I ALWAYS FOUND THE INTERSECTION TO BE DIFFICULT TO NAVIGATE THAT ROUNDABOUT THAT IS NOT SQUARE AND STRAIGHT. IT HAS ALWAYS BEEN DOUBLE MEDIC. ESPECIALLY WITH THE TRUCKS. I JUST GO AROUND IN A CAR AND IT IS KIND OF A MESS. I LIKE THE DESIGN I LIKED IT BEFORE AND I'M GLAD THAT WE WERE ABLE TO

INCORPORATES THAT DESIGN. >> I GUESS I LIKE THIS DESIGN.

WHENEVER WE WERE GOING THROUGH THE DIFFERENT OPTIONS THAT WERE PRESENTED GOING THROUGH WHICH WAS THE BEST ONE I GUESS MY ISSUE IS THAT JUST FROM HISTORY THAT THE ISSUE IS WITH TRUCKS COMING THROUGH THE RESIDENTIAL AREA. I DON'T KNOW IF SIGNAGE IT SEEMS LIKE PEOPLE ARE FOLLOWING THE 30 MPH THEY SEEM TO BE SAFE THERE'S NO ACCIDENTS. PEDESTRIANS ARE SAFE IN THE AREA BUT I GUESS THAT IS THE MAIN CONCERN WAS FROM THOSE RESIDENTS. THE TRUCK TRAFFIC. I DON'T KNOW IF THIS ACTUALLY ADDRESSES THAT. IT MAY ON THE EAST SIDE OF ALLIANCE. I THINK THAT HOW THESE ISLANDS, ONE IN SIX THOSE HELPED MITIGATE THE TURNING OF THE TRUCK TO PUSH IT IN OR OUT IN A CERTAIN DIRECTION. I'M NOT SURE IF WE NEED SCHNEIDER BOULEVARD I GUESS NUMBER 2 IN GREEN BECAUSE IT NARROWS THE ROADWAY. I DON'T KNOW BECAUSE THERE IS GOING TO BE INCREASE TRAFFIC IN THIS AREA TO GET ON ALLIANCE BOULEVARD TO USE THAT BACK WAY TO GET THERE. I DON'T KNOW IF PUTTING IMMEDIATE LANDSCAPING IN WOULD BE THE BEST THING BECAUSE WE ACTUALLY NEED IT TO HOLD MORE VEHICLES. I DON'T KNOW IF THAT MAKES SENSE. THAT WAS JUST ME. BUT THAT IS JUST WHAT I THINK. I THINK IT IS GREAT THAT IS A FOUR WAY STOP. I THINK EVERYTHING EAST I DON'T KNOW JUST THAT NUMBER 2. I DON'T KNOW CAN YOU TALK THROUGH SOME OF THE REASONING BEHIND THAT ISLAND WITH IT TAKING UP PART OF THE ROAD? IT WILL CUT DOWN ON THE SPACE OF THE CARS BEING ON IT.

>> IT DOES DECREASE THE LENGTH TO TURN LEFT INTO THE DRIVEWAY TO THE NORTH. I THINK PART OF THAT IS AGAIN WE CALL A ROAD

[01:50:09]

DIET TO SLOW PEOPLE DOWN TO MAKE THEM THINK ABOUT WHAT IS GOING ON IN FRONT OF THEM AND PART OF THAT IS JUST TO TRY TO BALANCE OUT THE INTERSECTION YOU HAVE TO MOVE IN ON THE EAST SIDE WHERE THE AREA IS GOING TO BE BALANCED OUT AND MAKING IT LOOK UNIFORM AND MAKE IT LOOK LIKE WE ACTUALLY PLANNED THIS INTERSECTION. I DON'T KNOW THAT WE HAVE THE VOLUME TO REQUIRE A LONGER LEFT HAND TURNING BECAUSE OF PEOPLE ARE TRYING TO TURN IN THEY ARE JUST GOING TO THAT WAREHOUSE THAT IS THERE. AND SO I THINK HAVING THE LONGER PATHWAY TO THE RIGHT TURN AND THROUGH IS GOOD. AT SOME POINT I CAN SEE YOUR POINT. I THINK IT IS EXTRA MONEY THAT WE DON'T NECESSARILY

NEED TO SPEND BUT. >> ULTIMATELY IF THIS IS CONNECTED IT PASSES OVER AS SCHMIDT AND CONTINUES ON. YOU CAN ROLL THROUGH AND I'M JUST THINKING IF YOU ARE DRIVING AND GOING TOWARDS 132 EVENTUALLY LAY IT OUT AND EVENTUALLY ONE DAY THERE WOULD BE THE COMPLETE ACCESS ROAD TO ROLL THROUGH. I GUESS THAT DOESN'T REALLY IMPACT GOING.

>> YES. IF YOU'VE GOT WESTBOUND TRAFFIC YOU'VE ALREADY GOT A PINCH POINT ON EMORY FARMS WITH THAT IN YOUR CONDENSING EVERYTHING DOWN TO ONE LANE WHERE THEY CAN TURN RIGHT OR GO THROUGH THE LEFT. TO YOUR POINT ONCE YOU GET A THROUGH CONNECTION ALL THE WAY TO 130 FROM 132 ALL THE WAY TO 130 YOU MAY SEE AN INFLUX OF EASTBOUND TRAFFIC THAT MAY MAKE US WANT TO RETHINK THE WAY WE DO THIS INTERSECTION.

>> I THINK IS APPROPRIATE TO HAVE THE ISLANDS AND EMORY FARMS BECAUSE IT IS SINGLE RESIDENTIAL RIGHT? SLOW DOWN.

BUT THAT'S ALL I HAVE. THANK YOU, MATT.

>> 10 MINUTES 40 SECONDS. THOSE ARE MY THOUGHTS.

>> I CAN SEE YOUR CONCERNS BY THE TIME WE GET TO THAT POINT WE WILL ALSO BE PROBABLY ABLE TO IF IT IS GETTING THAT BAD WE COULD LOOK AT A SIGNAL OR TWO AND I DON'T THINK THE LEFT TURNS WILL BE THAT BAD ESPECIALLY THE EASTBOUND LEFT TURN INTO THE PARK LOT WILL NOT GET A WHOLE LOT OF TRAFFIC.

THE LEFT TURN ONTO ALLIANCE COULD END UP BEING MORE OF A SHORTCUT THAT GETS USED AND I THINK WE NEED TO PROCEED WITH WHAT WE GOT. WE HAVE BEEN KICKING AROUND REALLY POOR SOLUTIONS ON THIS FOR QUITE A WHILE AND WE GOT INTO SOME BETTER SOLUTION AND THIS IS THE BEST SOLUTION WE HAVE IN FRONT OF US. WE KEEP LOOKING AT IT WERE GOING TO KEEP PICKING AT IT AND CHANGE ONE THING TO ANOTHER. I THINK THIS IS READY TO GO. AND I WOULD LIKE TO SEE S MOVE AHEAD.

>> MATT, HOW MUCH IS THE TOTAL PICTURE UP THERE?

>> I DON'T HAVE IT DOWN TO THE PENNY. WOULD LIKE TO SAY IT WAS ESTIMATED AT $350,000. FOR THIS PROJECT. AND THAT IS WHAT

WE'VE GOT IN THE CIP. >> 353. IT WAS IN.

>> HOLD ON. YOU HAVE READY SPOKE. HERE IS MY CONCERN. IT SEEMS LIKE A LOT OF WORK FOR $353,000. I KNOW THAT THE NEIGHBORHOOD WHAT THEY WERE HOPING IS THAT THEY DON'T WANT A LOT OF MONEY SPENT. I THOUGHT THIS WAS MORE LIKE A $2 MILLION THING WHEN THIS CAME TO US BEFORE AND I DIDN'T GET A CHANCE TO GO BACK AND LOOK. BECAUSE I THINK THIS IS SOMEWHAT OF A ROAD WIDENING IN SOME AREAS THAT COULD WORK AND MY GUESS IS THAT BARNSTABLE DRIVE WILL BE CLOSE TO 100 GET INTO THERE AND DO ALL THAT. AND IF YOU CAN GET IT ALL DONE FOR 353 ALL THEY ARE REALLY LOOK FOR IS A STOP SIGN AT NORTH ASH WITH A SPEED TABLE AND AT THE INTERSECTION AND REFORM HENRY FIELDS INTERSECTION WITH THE SPEED TABLE AND NEARING OF THE ROAD. THAT IS THE NEIGHBORHOOD AND WHAT THEY WANTED IT WOULD BE 353 AND IF YOU COULD GET THEM I WOULD HAVE NO PROBLEM WITH THAT. THEY DID NOT WANT IS THEY SEE ALL THE ROAD ISSUES IN HUTTO. THEY DON'T WANT TO SEE TWO OR $3 MILLION GOING TO AN INTERSECTION. WHAT THEY REALLY WANT IS IT TAKES AN HOUR TO GET TO THAT ONE POINT. THEY REALLY WANT THEIR BIGGEST ISSUES WHICH WERE SPEED ENFORCEMENT AT EMORY

[01:55:04]

FARMS AND I GUESS THAT'S ON THE EAST SIDE. THAT'S WHERE THEY SEE A LOT OF SPEEDING IN THE LOCK OF OVERALL ENFORCEMENT WITH TRUCKS AND SPEEDING. I TAUGHT THEM A LITTLE BIT ABOUT WHAT THE ISSUE IS WHEN THE TRUCK COMES BY WE CANNOT AFFORD AN OFFICER TO BE PARKED THERE ALL THE TIME. I THINK THEY GET A TICKET I THINK IT WAS LIKE $200. THE PENALTY FOR BEING LATE IS MORE THAN THAT SO PART OF IT IS A STATE LAW ISSUE.

BUT IF YOU GUYS ARE CONFIDENT. I THINK WE CAN GET THAT ALL DONE WITH THE LANE STRIPING AND THE RIGHT-OF-WAY. YOU GUYS ARE

DEFINITELY GETTING IT DONE. >> ALL RIGHT. YOU CAN GO

AGAIN NOW. >> IS THERE ANY OTHER DISCUSSION FROM ANYBODY? ALL RIGHT. HEARING NONE PLEASE

CALL A VOTE. >>.[VOTING]

[12.2. Discussion and possible action regarding Diversity, Equity, and Inclusion (DE&I) training options (Irene Talioaga) ]

>> THE MOTION PASSES 6-0. WE HAVE ITEM NUMBER 12-2.

POSSIBLE ACTION DIVERSITY EQUITY AND INCLUSION TRAINING

OPTIONS. HELLO IRENE. >> HELLO SIR. GOOD EVENING EVERYONE, IRENE TALIOAGA OUR DIRECTOR. A MONTH AGO I WAS HERE PRESENTING OR DIFFERENT OPTIONS FOR THE TRAINING AND YOU ALSO ELECTED YOU ALL DECIDED TO KEEP ONE AND ASKED US TO DO AN ADDITIONAL SEARCH AND TO LOOK FOR MORE CONSULTANTS OR TRAINERS. SO WE CONTACTED FIVE ADDITIONAL TRAINERS AND WE RECEIVED ONE PROPOSAL WHICH IS IN YOUR PACKET AND THE OTHER ONE SENT TESTS AND INFORMATIONAL SHEET AND THE OTHERS DID NOT RESPOND YET. SO THAT IS ALL I HAD AND THE DI AT WORK FOR YOUR INFORMATION IT IS A DAY AND A HALF AND THE PRESENTATION CAN BE MORE DETAILED HANDS-ON AND THEY HAVE DIFFERENT WHAT YOU CALL IT. DIFFERENT TECHNIQUES OF HOW THEY WILL PROVIDE TRAINING AND IT IS ABOUT THE MINIMUM OF 25,000. AND THEN STAN IS UP 2000 WITH THE EXCEPTION OF THE TRAVEL EXPENSES. SO HE WILL BE CHARGING THE CITY IF ANYTHING WILL GO OVER $500. AND THAT IS

ALL I HAVE. >> THANK YOU. DO WE HAVE QUESTIONS FOR IRENE? IF NOT I WILL ENTERTAIN A MOTION.

>> I GOT A QUESTION. I WANTED TO MAKE SURE THAT I READ THIS RIGHT. $25,000? THE SECOND ONE?

>> BETWEEN 25 AND 40,000. >> THAT IS FOR DOING IT FOR US EVERY YEAR FOR 10 YEARS OR FOR ONCE?

>> JUST ONCE BUT WHAT IT IS IS THEY WILL PROVIDE RESOURCES AND INFORMATION BASICALLY THAT WE CAN ACCESS. AND YOU KNOW IF WE WORK WITH THEM I'M NOT SURE IF IT'S A SET 25,000 OR IF WE DECIDE TO HIRE THEM TO PROVIDE THE TRAINING I'M SURE THAT WE CAN ASK FOR ADDITIONAL INFORMATION ABOUT THE COST.

>> OTHER QUESTIONS OF IRENE? ALL RIGHT I WOULD LIKE TO

ENTERTAIN A MOTION. >> I WOULD LIKE TO MAKE A MOTION TO GO WITH SIMILAR: AS OUR OPTION.

>> IF YOU LIKE. DO WE HAVE A SECOND? HEARING NONE THE

MOTION DIES. >> I WOULD LIKE TO MAKE A MOTION TO ENGAGE WITH STAN KYLER'S GROUP AND DO TRAINING

WITH HIM. >> HAVE A MOTION BY COUNCILMEMBER THORNTON TO ENGAGE DO WE HAVE A SECOND?

>> I WILL SECOND THAT ONE. >> SECOND BY MAYOR PRO TEM GORDON. DOES ANYONE WISH TO SPEAK ON THIS ITEM?

>> I THINK IS IMPORTANT THAT WE GET STARTED. IF WE KEEP LOOKING FOR THE PERFECT TRAINING GOING TO BE LOOKING FOR A WHILE. I DON'T KNOW IF THERE IS A PERFECT TRAINING.

YOU HAVE TO GO SOMEWHERE BECAUSE ONCE YOU START YOU CAN

[02:00:03]

THEN SEE WHERE YOU ARE AT AND SEE WHERE YOU NEED TO IMPROVE AND FIND THE HOLES THAT WEREN'T COVERED AND GO LOOK FOR SOMETHING MORE SPECIFIC IF THAT'S WHAT WE NEED SO I THINK THE STARTING POINT. IT GETS US MOVING IN THE RIGHT DIRECTION AND IS NOT INTENDED TO BE CHECKED THIS BOX AND WE ARE DONE LET'S JUST GET THE CONVERSATION STARTED LET'S GET

TO WORK AND GET SOMETHING. >> CAN I ASK FOR A FRIENDLY AMENDMENT TO THE MOTION? I WOULD LIKE TO FIND THAT WE MAKE IT THAT IT HAS TO BE DONE IN PERSON AND IN ADDITION THAT WE

DO THESE SUNDAY EVENING? >> MY INTENT WAS IN PERSON SO YES I CAN SEND HER A FRIENDLY MOTION TO SAY IN PERSON.

>> THAT WAS MY ASSUMPTION. >> HE DID STATE SPECIFICALLY THAT HE WAS OPEN TO BASICALLY ANY SCHEDULE WE WANTED.

>> HE WILL HE WILL ACCOMMODATE THE COUNCIL SCHEDULE.

>> I GOT MY NOTES RIGHT. THE MOTION IS GOING TO BE TO DO

STAN ON A WEEKEND ON SUNDAY. >> IN PERSON TRAINING.

>> IS THAT HOW YOU UNDERSTAND IT?

>> I'M FINE WITH THE MOTION FOR IN PERSON BUT I'M NOT FINE WITH THE MOTION TO WALK DOWN YET.

>> HOLD ON I AM GETTING WAY OUTSIDE. ARE YOU NOT ACCEPTING IT? YOU HAVE A MOTION ON YOUR OWN TO MOVE IT TO SUNDAY IN

PERSON? >> I NEVER SAID SUNDAY I JUST

SAID NOT DURING THE DAY. >> NOT DURING THE DAY AND IN

PERSON? >> YES.

>> DO WE HAVE A SECOND? >> I CONSIDER THAT FRIENDLY

JUST NOT DURING THE WORKDAY. >> I'M OKAY WITH IT.

>> THE MOTION WILL BE STAN IN PERSON NOT DURING A WEEKDAY.

>> NOT DURING A WEEKDAY OR NOT DURING THE DAY?

>> DURING THE DAY COULD BE A WHAT DAY? THE INTENT WAS NOT DURING THE WORKDAY MONDAY THROUGH FRIDAY.

>> NOT DOING A WORKDAY? >> CORRECT. YOU GUYS ARE KILLING ME. ALL RIGHT. WE ARE IN DEPTH DOING IT ON A SATURDAY AND SOMEONE'S GOING TO SAY WHY DO WE DO IT ON THE DAY? SO WE ARE DOING THE MOTION WAS STAN HIMMLER IN PERSON. IS THAT HOW

YOU UNDERSTAND IT? >> YES.

>> NO SIR. >> I THINK WE NEED TO FIGURE OUT HOW WE WANT TO GO ABOUT SCHEDULING IT AND MAYBE HAVE THE STAFF PULL THE COUNCIL ON WHAT THE GOOD DATES ARE AND TRY TO PICK SOME DATE AND SEE IF HE IS AVAILABLE I DON'T KNOW IF WE CAN DO THAT BUT I THINK WE CAN ASK THE STAFF TO TRY TO SCHEDULE THAT FOR US. WITH OUR INPUT WHEN WE ARE AVAILABLE.

>> IF I MIGHT MAKE A SUGGESTION IN MY 5 MINUTES? I WOULD DO IT IN NOVEMBER IS ALMOST OVER. DECEMBER HAVE TO OF THE PEOPLE ARE GONE AND WE HAVE TWO MEETINGS. I WOULD SUGGEST THAT WE MAKE IT WORK LET'S SAY BY JANUARY 11. MY FEAR IS THAT BY ASKING STAFF TO FIGURE IT OUT IS THAT WERE SENDING IT OUT TO SEVEN PEOPLE AND SOMEONE CAN'T MAKE IT. IF WE JUST SET A DATE AND WE SAY IT'S GOING TO BE JANUARY 25 IF WE SET THE DATE THEN IT IS DONE. THAT'S JUST MY THING.

WE HAVE A DATE THAT WE NORMALLY HAVE A COUNCIL MEETING AND GET IT DONE OTHERWISE ARE GOING TO HAVE SOMEONE WHO CAN'T COME AND WE DON'T WANT TO SCARE ANYBODY THERE BUT ANY OTHER DISCUSSION? HEARING NONE PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES 6-0. X WE HAVE ITEM 12.3 CONSIDERATION AND POSSIBLE ACTION RELATING TO DISCLOSURE OF PENDING LITIGATION. THIS, I BROUGHT THIS UP TO TALK TO DOTTIE AND SHE SAID TESTED THAT IF WE ALL WANT WE CAN WAIT UNTIL EXECUTIVE SESSION AND THEN DETERMINE WHICH ITEMS WE WANT TO TALK ABOUT BUT THE POINT OF THE ITEM IS THAT WANT TO SEE WHAT HAPPENS BUT PEOPLE KEEP TELLING PEOPLE WE ARE GETTING SUED WE BEEN SUED WE ARE IN A LAWSUIT BUT WE'VE NEVER BEEN SUED. WE HAVEN'T BEEN SUED AND WE'VE NEVER BEEN SUED. BEFORE WE GET OURSELVES INTO A LAWSUIT TALKING ABOUT ALL THE TIMES WE THINK WE BEEN SUED JUST COME

[02:05:01]

OUT AS A BODY IN PUBLIC AND GO DOWN. WE HAVE LITIGATION AND WHERE WE HAVE LITIGATION THAT LANDS ON PUBLIC RECORD BUT IF YOU GUYS DON'T TAKE IT FIRST AND COME BACK THAT'S FINE.

OTHERWISE YOU SHOULD STOP TALKING ABOUT IT NOW. ANY OBJECTIONS GOING INTO EXECUTIVE FIRST? HEARING NONE WE WILL

[12.4. Discussion and possible action on Ordinance No. 06-021-00 regarding Williamson County Water, Sewer, Irrigation and Drainage District No. 22 including but not limited to amending the Strategic Partnership Agreement Between The City of Hutto and The Williamson County Municipal Utility District No. 22 (Mayor Mike Snyder) ]

MOVE 12.32 EXECUTIVE SESSION. AND WE WILL MOVE TO ITEM 12.4 DISCUSSION AND POSSIBLE ACTION ON ORDINANCE NUMBER 06-021-00 REGARDING WILLIAMSON COUNTY WATER, SEWER, IRRIGATION AND DRAINAGE DISTRICT NUMBER 22 INCLUDING BUT NOT LIMITED TO PARTNERSHIP AGREEMENT BETWEEN THE CITY OF HUTTO AND THE GIBSON COUNTY MUNICIPAL UTILITY DISTRICT NUMBER 22. THIS IS ANOTHER ONE AND I THINK EVERYONE RECEIVED THE AGREEMENT AND I ASKED FOR IT TO BE ON THE AGENDA BECAUSE I THINK THAT WE HAVE SOME MISCONCEPTIONS AND THERE ARE OTHER THINGS AND I DON'T KNOW HOW WE ARE RECTIFYING THEM IN A THINK WE NEED TO UNDERSTAND WHAT THE PLAN OF ACTION IS AS I CURRENTLY UNDERSTAND IT WE HAVE AGREEMENTS IN PLACE WITH EMU D THAT SAYS WE WILL NOT SUPPLY THEM ANY LAND WITH WATER OR WASTEWATER BUT WE ARE ACTIVELY WORKING TO SUPPLY PART OF THEIR LAND WITH WATER AND WASTEWATER WITH THAT REQUEST. AND THE COMMUNICATION DOESN'T SEEM TO BE THERE SO I DON'T KNOW WHAT WE ARE DOING. BROUGHT IT UP HERE SO WE COULD DISCUSS IT.

SO, WITH THAT I WOULD LIKE TO MAKE A MOTION THAT WE RESEND THE SCR REQUEST THAT WAS GIVEN TO FIDELIS HUTTO AND THAT WE DIRECT STAFF TO NOT TO ENGAGE IN DISCUSSIONS REGARDING WATER AND WASTEWATER TO ANY TRACKS THAT ARE OUTSIDE INVOLVED IN

THIS. >> SECOND.

>> ALL RIGHT. SO WE MADE THE MOTION AND BECAUSE EVERYTHING WE HAVE GOING ON IN THE CITY AND EVERYTHING, WE HAVE A NEED FOR EVERY UTILITY. OUR BANDWIDTH IS NOT THERE IN MY OPINION FOR US TO BE MEDDLING AROUND IN ANOTHER JURISDICTION BECAUSE THAT'S WHAT IT IS. ANOTHER JURISDICTION SERVICE.

I UNDERSTAND THE GUY IS HAVING A HARD TIME GETTING WATER FROM MANVILLE AND WASTEWATER FROM IMMUNITY 22. I HATE TO BE TOUGH BUT THAT IS HIS PROBLEM. WHY IS IT THE PEOPLE I REPRESENT WHO ARE ON WATER RESTRICTIONS WHO ARE STRUGGLING TO GET WATER AND HE HAS A THING WHERE IN TWO YEARS WERE GOING TO HAVE ALL THIS WATER AND IT WILL BE A PROBLEM BUT AS I UNDERSTAND THIS ISSUE IS WE ARE REPLACING ONE WATER SOURCE WITH ANOTHER RUNNING IT THROUGH THE SAME PIPE AND IF ALL WORKS WELL WE ARE ABLE TO INCREASE THE PRESSURE OF THE LINE WE WILL GET MORE WATER BUT I DON'T KNOW WHY NO ONE IS ASKING FOR APARTMENTS AND SO WE ARE ACTIVELY TRYING TO GET MORE APARTMENTS TO COME IN TO HUTTO IN AN INTERSECTION THAT IS PART WITH THE CITY PART WITH THE STATE AND PART WITH THE COUNTY.

IT IS NOT EVEN IN THE FIVE-YEAR CIP PLAN TO DO ANY INTERSEXUAL WORK. SO AS LUCK WOULD HAVE IT HE WILL GO PUT IN 600 APARTMENT INDUSTRIAL, RETAIL, WE WILL SUPPLY THE WATER THAT WE CAN'T AFFORD TO GIVE IN MY OPINION. AND WE WILL INCREASE TRAFFIC IN AN AREA THAT IS ALREADY FULL OF TRAFFIC. AND I THINK WHAT THE PEOPLE KEEP TELLING ME IS FIX THE INFRASTRUCTURE ISSUE FIRST.

THEN GO OUT AND FIGURE OUT HOW TO GET MORE DEVELOPMENT. BUT IF WE CAN'T TAKE CARE OF THE DEVELOPMENT INSIDE THE CITY LIMITS LET ALONE THESE GUYS AND THE LAST THING I WILL SAY I GOT 3 MINUTES. I DON'T KNOW WHAT PRESSURE IS BUT I'VE NEVER SEEN A DEVELOPMENT WHERE IT CAN PUSH THROUGH EVERY MEDIA CHANNEL AND NOW WE ARE ON THE NEWS AND ALL THIS PERSON DID WAS PRESENT AND NOW THERE'S INFORMATION WHERE IS ALREADY BEEN AGREED UPON AND THEN IT'S DONE. SO I THINK IF WE HAVE WATER SUPPLY AND WE ARE NOT ON STAGE II AND THREE IN THE FALL AND WE KNOW FOR A FACT THAT IN TWO YEARS WERE GOING TO HAVE MORE THAN ENOUGH WATER TO SUPPLY PEOPLE AND NOT HAVE THEIR LINES BURN UP AND WE HAVE A PLAN FOR THE INFRASTRUCTURE THE INTERSECTION THERE THEN I WOULD CHANGE MY MIND WHEN THAT TIME CAME BUT FOR NOW I THINK WE NEED TO BE FOCUSING ON CITY ISSUES, THE STAFF NEEDS TO WORK ON THE CITY WITH SOLUTIONS AND NOT TRYING TO SOLVE SOME

DEVELOPER SO. >> SO I GUESS MATT OR JAMES IS

[02:10:13]

THERE ANYTHING CAN YOU VERIFY ANYTHING JUST SAID IS THERE ANY TRUTH TO WHAT WAS BEING SAID? I WOULD JUST LIKE TO KNOW. I MEAN WE HAVE THE CONTRACT BUT THERE WAS A LOT THERE TO UNPACK. IS THERE ANY TRUTH TO WHAT WAS BEING SAID?

>> I AM SORRY FOR THE RECORD I DON'T KNOW IF I WILL SPEAK THE TRUTH FOR AN UNTRUTH BUT WHAT I CAN SPEAK TO IS WHAT I BELIEVE TO BE THE FACTS OF THIS RADICULAR SITUATION. THE AGREEMENT THAT WAS REFERENCED AND IT IS IN THE PACKET FOR BACKUP MATERIAL AND YOU CAN CHECK IT YOURSELF. IT SAYS THE CITY WOULD NOT SERVE IN THE AREA OF THE COMMUNITY WITHOUT PRIOR CONSENT FROM THE IMMUNITY. THAT IS BASICALLY THE PATH THAT I BELIEVE WE ARE HEADED DOWN BY HAVING NEGOTIATIONS WITH THE IMMUNITY WITH THIS BEING SERVED. THAT IS WITH ME WHAT THE AGREEMENT ACTUALLY SAYS. SECONDLY HALF OF THIS PROJECT. NOT HALF GEOGRAPHICALLY BUT A PORTION OF THIS PROJECT IS IN CITY LIMITS AND NOT IN THE MUD. THAT WAS THE WHOLE SYNTAX PROPERTY SO THERE IS A COMPONENT OF THIS DEVELOPMENT THAT IS WITHIN THE CITY LIMITS. SCR SERVICE EXTENSION REQUEST I DON'T KNOW ALL THE DETAIL OF THE SCR.

GENERALLY SPEAKING WHAT AND SCR IS IS AN EXERCISE ON DETERMINING IF THE PROJECT WERE TO GO FORWARD WITH THE CITY HAVE CAPACITY AND WHAT IMPROVEMENTS WOULD BE REQUIRED FOR THAT CAPACITY TO BE SERVED AT THAT PARK? THAT IS WHAT A SER IS AND THEY ARE WORDED IN A WAY THAT GENERALLY SAYS THIS IS HOW MUCH YOU ARE ASKING US TO RUN THROUGH THE MODEL HOW MUCH H USAGE IS THE WAY WE MEASURE THAT. HOW MUCH OF WHAT TYPE OF UTILITY WATER OR WASTEWATER. AND FROM THERE THE MODEL BASICALLY SAYS SORRY, THERE IS NOT ENOUGH CAPACITY IN THAT LINE THAT WOULD SERVE THE PROPERTY. YOU WOULD HAVE TO EXPAND THE LINE FROM 8 INCHES WHICH IS PROBABLY OUR TECHNICAL AND MOM STANDARD TO MAYBE 12 INCHES OR 14 INCHES. IT LISTS OUT A LONG LIST AND IT LISTS OUT THE IMPROVEMENTS THAT WOULD BE NECESSARY TO SERVE IF THE INFRASTRUCTURE IS NOT ALREADY IN PLACE TO SERVE AT THAT TOGETHER LOCATION. SO IN THAT REGARD THE REQUEST CAME IN FOR SER WATER AND WASTEWATER FOR PROPERTY THAT DOES INCLUDE THE JURISDICTION THAT IS IN THE IMMUNITY WHICH IS OUTSIDE THE TRIANGULAR PIECE PLUS THE ANGULAR PIECE. I DON'T THINK THEY DID IT SEPARATELY THEY DID IT FOR ONE REQUEST FOR THE ENTIRETY OF THE PROJECT BUT WHEN THEY DID THEY SPLIT THEM AND THAT IS FINE. LIKE THE FIRST ONE WAS THE PIECE IN THE CITY AND THEN THEY CAME BACK TO US AND SAID WE ARE HAVING ISSUES WITH THE IMMUNITY WITH THE CITY CONSIDER POSSIBLY SERVING US FOR THIS OTHER PIECE OF THE SAME BECAUSE THEY'RE BASICALLY THE SAME PROPERTY

IT'S JUST A DIFFERENT PARCEL. >> ARE SEPARATE SER TO IDENTIFY THE DIFFERENT PARCELS? THE LANGUAGE IS TYPICALLY SUCH THAT IT WILL MAKE A COMMITMENT ON THE ABILITY OF THE CITY TO SERVE OR NOT SERVE. THE HUTTO SER IS IN THE BACKUP MATERIAL AND YOU CAN SEE THERE'S NOT CURRENTLY CAPACITY TO SERVE THE PROJECT THAT WE ARE NOT EXTENDING CAPACITY TO PROJECTS THAT ARE NOT ALREADY APPROVED BY THE CITY BECAUSE WE ARE IN THE PROCESS OF BRINGING ON ADDITIONAL WATER SOURCES. AND THEN SAID THAT THE WATER WOULD LIKELY BE AVAILABLE OR EXPECTED TO BE AVAILABLE BY 2025 WHICH IS WHEN THE FIRST PROJECT THAT WE HAVE COMMITTED TO WITH RECHARGE IS SCHEDULED TO COME ONLINE. NOW AS TO WHETHER OR NOT WE ARE DOING AN EXCHANGE OF WATER I THINK WHAT THE MAYOR IS TRYING TO EXPLAIN IS THAT WE CURRENTLY HAVE 4 MILLION GALLONS PER DAY OF WATER AND IT'S NOT EXACTLY THAT CLOSE AND WHAT WE ARE PICTURING IS 4 MILLION GALLONS OF WATER BASICALLY IN THE SAME HIGHWAY OF WATER PIPELINE. WE ARE DOING RIGHT NOW THROUGH THE CIP IS MAKING IMPROVEMENT TO THE RECEIVING AREA AT THE WELLFIELDS. WE ARE MAKING IMPROVEMENTS AT THE PUMP

[02:15:08]

STATION TO BE ABLE TO MOVE MORE WATER BUT A CRITICAL COMPONENT OF HOW MUCH ADDITIONAL VOLUME OF WATER WE CAN MOVE THROUGH THE PIPELINE IS PRESSURE TESTING THE EXISTING PIPELINE TO SEE HOW MUCH MORE PRESSURE IT CAN TAKE FOR US TO BE ABLE TO PUSH WATER THROUGH. DCS HAPPENS TO BE HERE IN THE BACKGROUND OVER THERE AND THEY ARE THE ONES THAT ARE DOING A LOT OF THAT ANALYSIS. MY UNDERSTANDING MATT THE INITIAL ANALYSIS WAS THERE WAS AT LEAST THE CONFIDENCE TO GET UP TO 5.2 5.7 SOMETHING LIKE THAT IN ORDER TO UNDERSTAND HOW MUCH MORE CAPACITY WE CAN PHYSICALLY MOVE REQUIRES ADDITIONAL TESTING IN ADDITION WE ARE DOING CIP AT FRAME SWITCH FOR 3 MILLION GALLONS GROUND STORAGE TANK TO BE ABLE TO HOLD WATER THERE. THERE ARE IMPROVEMENTS GOING IN PLACE BUT WE WILL NOT BE ABLE TO MOVE ALL FOUR PLUS WHAT WE ALREADY HAVE THROUGH THE EXISTING INFRASTRUCTURE UNLESS WE DO ADDITIONAL PIPELINE. ARE THERE ANY OTHER COMPONENTS ABOUT THIS THAT I

SHOULD TALK TO? >> SORRY DID YOU MENTION THE

CONTRACT? >> I DID NOT. SO, MANVILLE IS THE OWNER OF THE CCN FOR THIS PARTICULAR PROPERTY IS THAT WHAT YOU ARE ASKING ABOUT? > THE MANVILLE CONTRACT WITH

THE CITY. >> I DON'T REMEMBER OFF THE TOP OF MY HEAD IS LIKE 2032 OR SOMETHING LIKE THAT.

>> 12. 2035. IT IS LIKE POINT EIGHT MGD OR SOMETHING LIKE THAT. AND BY THAT TIME WE SHOULD HAVE THE OTHER SOURCE FROM THE NORTH COMING ONLINE WHICH IS REALLY MORE SUBSTANTIAL SO ANYWAY MANVILLE WAS THE WATER SERVICE PROVIDER FOR THIS PARTICULAR PROPERTY AND THE MANVILLE BOARD WAS NOT WILLING TO EXTEND SERVICE TO THIS PROPERTY. MY UNDERSTANDING IS THAT WORD MET AT THE REQUEST OF THE DEVELOPER AND RELEASE THIS PROPERTY FROM THEM AND SO IT WAS NOT IN ANY ONE AT THE MOMENT BECAUSE I HAVE NOT SEEN ANYTHING ON MY SIDE ASKING TO JOIN OUR CCN OR S ACCEPTING IT WHICH WE WOULDN'T DO UNTIL WE GOT THROUGH ALL THESE OTHER COMPONENTS OF WHETHER OR NOT WE WILL BE ABLE TO WORK OUT A DEAL WITH THEM OR NOT. > OKAY. THANK YOU.

>> ANY OTHER QUESTIONS? >> WE ARE IN THE DISCUSSION

PORTION IS THAT RIGHT? >> YES. ANY OTHER COMMENTS

COUNCILMEMBER THOMPSON? >> SO, TO REITERATE FOR THE PUBLIC OF THE REALITY OF THE SITUATION WE DON'T HAVE THE SAME AMOUNT GOING AWAY THAT WE HAVE IN OTHERS WE HAVE NO MORE.

IT LOOKS LIKE WE WILL HAVE IN 2025 WHEN THIS PROJECT COMES ON 1.2 MILLION GALLONS MORE THAN WE HAVE TODAY IN ADDITION BECAUSE WE WILL HAVE THE LARGEST STORAGE TANKS INSIDE THE CITY ONE OF THE THINGS WILL BE ABLE TO DO IS CONSTANTLY PUMP EITHER THROUGH THAT WATER OR KEEP 5.2 GOING THROUGH THE STORAGE TANKS EVEN WHEN THE DEMAND OF PEAK IS NOT THERE IN THE OFF HOURS TO FILL THE STORAGE TANKS WHICH WILL GIVE YOU ADDITIONAL CAPACITY IN THE INTERNAL CITY AS I UNDERSTAND.

OKAY SO FOR THE WATER POINT IN THE TIME THIS WOULD COME IN WE WOULD BE ABLE TO SUPPORT THE PROJECT AND THAT IS A TRUE STATEMENT IN THE TIMEFRAME IT WOULD COME. TODAY NO BUT TWO YEARS FROM NOW THE ANSWER WOULD BE YES. THAT IS FACT NUMBER 1.

FACT NUMBER 2 IT IS ALREADY IN THE CITY. THE PART WHERE THE APARTMENTS AT THE MAYOR IS REFERRING TO IS ALREADY IN THE CITY LIMITS SO WE WOULD HAVE TO SUPPORT THAT REGARDLESS. THIRD THE ORIGINAL WHEN THEY RAN THE WASTEWATER PIPES DOWN ALONG CHRIS KELLY BOULEVARD FROM DCS THEY EMPHASIZED THE INTERCONNECTS THROUGH THE STREET TO BE ABLE TO EASILY GO ACROSS FROM THEIR THEY DID THOSE UPGRADES THAT WE ALREADY DID BEFORE. WITHIN A FUTURE IDEA FUTURE PLANNING THAT WE MIGHT NEED TO GO IN SERVICE ESPECIALLY SINCE THE TEXT MET THAT WAS ALREADY ACROSS THE STREET AND THAT IS RIGHT THERE WHERE THE SHELL STATION IS GOING INTO RIVERWALK. SO, I THINK THAT EXPLAINS THE REALITY AND MAYBE A LITTLE MORE LENIENT VIEW OF PUTTING SOMETHING IN THE REALITY BASED ON WHAT THE CITY STAFF SAID AND THE REALITY OF WHAT OTHER COUNSEL PEOPLE OF SAID. SO THAT IS ALL I HAVE TO SAY ABOUT THAT.

>> ANYONE ELSE? >> I GOT YOU. ANGELA IS

GETTING YOU, TOO. >> WHO CURRENTLY SERVES THE

WATER? IS IT MANVILLE? >> TO MY KNOWLEDGE, YES IT IS.

[02:20:06]

THEY HAVE A CONTRACT. >> SO THE CONTRACT WITH THE CITY THAT EXPIRING IN 2035 RIGHT? THAT IS MY THINKING.

IN 2036 THE MUD IS I GUESS IT OPENS UP TO POSSIBILITIES OF ANNEXATION IN THE FUTURE. IF THAT IS THE THING THAT I DON'T

KNOW. >> COUNSEL I THINK THAT IS TWO DIFFERENT ISSUES. THE MUD IS ON ITS OWN TIMELINE BASED ON WHAT WAS ORIGINALLY SIGNED OFF ON IN THE ORIGINAL CONTRACT IS ACTUALLY IN THE PACKET SO YOU COULD GO AND COUNT 30 YEARS FROM THAT DATE. I DO NOT HAVE IN MY POSSESSION THE AGREEMENT BETWEEN MANVILLE AND THE MUD ON WHAT THEIR COMMITMENT IS TO PROVIDE THEM WATER. POINT EIGHT IS THE CONTRACT BETWEEN THE CITY AND MANVILLE FOR US TO RECEIVE WATER FROM MANVILLE AND

THAT IS THE ONE THAT EXPIRES. >> GOT IT. SWITCHING GEARS, I DEFINITELY WOULD LIKE TO SEE INSIDE THE CITY LIMITS AND I DON'T KNOW IF WE CAN DO IT IN A PHASED APPROACH TO THEM DEFINITELY ADDRESSING SOME OF THE DEVELOPMENT THEY'RE DOING INSIDE THE CITY LIMITS BECAUSE I BELIEVE THAT WHENEVER THE PRESENTATION CAME IN IT WAS TWO OR THREE YEARS OUT AND OBVIOUSLY WITH THAT REQUEST IT IS VERY CLEAR THAT SOME OF THIS HAS A TIMELINE WHERE THE CITY CANNOT COMMIT TO THIS INTEL THIS TIMELINE. SO I WOULD LIKE TO SEE THAT PORTION DEVELOPED OUT AND IN THE FUTURE IF WE CAN COME UP WITH THIS TRI-PARTY AGREEMENT I DON'T KNOW IF THIS IS SOMETHING THAT EXISTS IN THE STATE IF THIS IS COMMON OR NEW UNCHARTED TERRITORY. OBVIOUSLY I HAVE NO RECOMMENDATION ON MOVING FORWARD WITH A TRI-PARTY AGREEMENT HOW THAT WOULD WORK OUT OBVIOUSLY THERE ARE DIFFERENT MOVING PIECES OF THE PUZZLE. DEFINITELY HAVING INSIDE THE CITY LIMITS THE INNER-CITY LIMIT, THEY WENT THROUGH THAT PROCESS AND THERE ARE LIMITATIONS TO IT. IT SEEMS LIKE THE CITY HAS BEEN VERY CLEAR WITH THEM ABOUT THAT. ALSO, IN THE FUTURE LET'S SAY THREE YEARS OUT THAT MULTIFAMILY DEVELOPMENT MAY TURN INTO RESIDENTIAL. RIGHT NOW THE MARKET IS HEAVY MULTIFAMILY AND THAT IS THE ENVIRONMENT WE ARE IN RIGHT NOW WITH DEVELOPERS TRYING TO MAKE MONEY. MULTIFAMILY IS WHAT IS MAKING DEVELOPERS MONEY. MAKE IT THREE YEARS OUT OR FOUR YEARS OUT THAT WOULD BE A NICE NEIGHBORHOOD IN THE CITY. GOT TO THINK BEYOND THAT BUT THEY PRESENTED IS WHAT THEY PRESENTED AND THOSE ARE ALL MOVING PIECES FOR THEM AS WELL AND WE ARE NOT HERE TO DICTATE WHAT THEY CAN OR CANNOT DO BUT THINKING ABOUT ALL THE DIFFERENT PIECES THAT THEY COULD POTENTIALLY CHANGE UP AS WELL FOR THE BETTER BECAUSE EVERYONE IS LIKE MULTIFAMILY OH MY GOSH BUT RIGHT NOW THAT IS JUST THE ECONOMIC ENVIRONMENT

THAT WE ARE IN. >> SO MY COMMENTS ARE WE HAVE A MOTION AND IS NOT TO APPROVE OR DISAPPROVE A MULTI- TRI-PARTY AGREEMENT IS TO RESEND THE SCR THAT HAD BEEN SENT OUT AND INSTRUCTED STAFF NOT TO ENGAGE ANYMORE WITH THE

DEVELOPER IS THAT ACCURATE? >> ANYTHING INVOLVING THE MUD.

>> I THINK CITIES STAFF WHAT THEY DID WAS TOTALLY APPROPRIATE AND IF YOU DO READ ARTICLE SECTION 301 A WITHIN THEIR IT DOES SAY WE WILL NOT PROVIDE ANY SERVICES WITHIN THAT UNLESS THERE IS AN AGREEMENT IN WRITING BETWEEN THE CITY AND THE DISTRICT. WE CAME TO THE CITY AND WE SAID WERE THINKING ABOUT TRYING TO FIGURE THIS OUT. IT'S KIND OF LIKE THE CHICKEN BEFORE THE EGG THING THEY CAN'T MAKE A DECISION WITHOUT AT LEAST HAVING SOME DATA THAT HAS THE INFORMATION TO UNDERSTAND WHETHER IT'S DOABLE OR NOT SO WE REFUSE TO GIVE THEM ANYTHING WE REFUSE TO GIVE THEM DATA AND THEY'RE NOT GOING TO HAVE THE INFORMATION OR KNOWLEDGE TO KNOW IF IT'S REALLY WORKABLE OR NOT AND SHOULD WE JUST GIVE UP.

I PRAISE THE DEVELOPER FOR COMING TO US SO EARLY AND SAYING WERE TRYING TO FIGURE THIS OUT AND IF THIS CAN WORK OUT THEN GREAT AND IF NOT THEN OKAY WE NEED TO KNOW NOW SO WE CAN GO DOWN ANOTHER ROUTE. SO I THINK RESENDING THE SER IS NOT DO ANYTHING BECAUSE THERE'S NO COMMITMENT TO PROVIDE ANYTHING. AND I READ IT IS SAID WE DON'T HAVE ANYTHING TO GIVE YOU THIS IS WHAT THE LUT WOULD BE BUT WERE NOT COMMITTED TO GIVE YOU ANYTHING. SO PERSONALLY I DON'T SEE THE PURPOSE OF ANY BENEFIT IN DOING THAT AND I THINK WORKING WITH

[02:25:02]

THIS DEVELOPER AND WORKING WITH NUG AND TALKING THROUGH IT AT THIS POINT I THINK THERE'S ABSOLUTELY NO HARM IN THAT. I PERSONALLY AM NOT SOLD ON THE MULTIFAMILY PIECE OF THIS. I REALLY LIKE THE COMMERCIAL ASPECT. I LIKE THE LIGHT INDUSTRIAL WHAT HE SAID WAS HE BE A LOT OF THOSE DISPLAY ROOMS THAT WOULD GENERATE A LOT MORE SALES TAX. THAT REALLY APPEALED TO ME THE POSSIBILITY OF RADICAL REALLY APPEALED TO ME BUT THE PIECE OF MULTIFAMILY THAT DIDN'T AGAIN THAT IS A CONVERSATION THAT CAN BE HAD A YEAR OR TWO DOWN THE ROAD ONCE WE GET CLOSER TO TRYING TO FIGURE OUT WHAT THAT IS. FOR ME I AM NOT IN FAVOR OF THE MOTION AS IT IS. I THINK WE CAN CONTINUE TO ALLOW STAFF AND THE MUD TO WORK WITH THIS DEVELOPER AND SEE IF THEY CAN FIGURE IT OUT.

>> HAS EVERYBODY HAD A CHANCE TO SPEAK?

>> NO, I HAVEN'T. THERE WAS A STATEMENT MADE THAT THE APARTMENTS WERE IN THE CITY AND THAT DOES NOT MATCH UP WITH MY READING OF ANY OF THE PROPOSALS THAT WERE OUT THERE. THE APARTMENTS WERE IN THE MUD AREA AND NOT THE CITY AREA. THE CITY AREA WAS BASICALLY COMMERCIAL WITH A RETENTION POND THE PART THAT IS IN THE CITY AREA NOW AND IT MATCHES UP WITH THE COMMERCIAL FACING CHRIS KELLY BOULEVARD. THAT PIECE OF LAND IS ZONED COMMERCIAL AND CITY LIMITS SO THEY COULD NOT JUST BUILD APARTMENTS THERE AND FORCE US TO SERVE APARTMENT. THEY ARE COMMERCIAL AND THEY WOULD HAVE TO GET A ZONING CHANGE TO GET ANYTHING ELSE IN THERE. THE WAY IT STANDS RIGHT NOW IF WE DO NOT MOVE FORWARD WITH THE ONLY THING THAT GOES IN ON THAT PIECE OF PROPERTY IS COMMERCIAL UNLESS WE AGREE TO CHANGE. NOBODY IS BUILDING APARTMENTS THERE AND LESS WE GO OUT OF OUR WAY TO MAKE THAT HAPPEN. WE HAVE A LOT OF THINGS WE ARE NOT DEVELOPED ANYWHERE IN THE CITY YET. SO WE WANT TO COMMIT TO PROVIDING SERVICE TO ANY AREA WE HAVE OTHER AREAS IN THE CITY THAT WE MIGHT END UP SAYING NO TO ON SOMETHING ELSE. IT COULD EVEN BE MORE DATA CENTER SOFTWARE WE RUN OUT OF WATER AND WE CAN'T SERVE THEM AND WE HAVE TO TELL SOMEBODY LIKE SKYBOX DO YOU WANT TO BUILD ANOTHER MEGA CENTER? AND RUN THE WATER FOR THE CUP WILL OF NEXT YEAR'S? SO I DON'T LIKE THAT ABOUT THIS AT ALL. WE NEED TO MAKE SURE THAT WE HANDLE ALL OF THE PROBLEMS THAT WE HAVE TO SERVE BEFORE WE START GOING OUT OF OUR WAY TO ASKED TO SERVE AREAS THAT ARE OUTSIDE OF OUR SERVICE AREA.

MY STANCE ON THAT. I THINK WE SHOULD DISENGAGE FROM THIS AND WORRY ABOUT THE CITY PARK. THERE ARE CASES WHERE SOMETHING WILL GET BUILT WHETHER YOU DO SOMETHING OR NOT AND YOU'RE BETTER OFF ENGAGING IN GETTING SOMETHING THAT YOU WANT THEN LETTING THEM BUILD SOMETHING YOU DON'T WANT. THIS IS A CASE WHERE IF WE DON'T ENGAGE THEY CAN'T BUILD ANYTHING BECAUSE THEY DON'T HAVE WATER OR SEWER. SO IF WE'VE GOT ALL OF OUR WATER PROBLEMS FIXED AND WE GOT EXCESS CAPACITY AND THEN WE WANT TO GO LOOK AT IT RIGHT THE SITUATION WE ARE IN TODAY NOT ANYWHERE CLOSE TO THAT AND I THINK WE ARE JUST CREATING MORE PROBLEMS THAN WE HAVEN'T SOLVED ALL THE PROBLEMS IN FRONT OF US YET. AND I DON'T THINK THAT'S A PATH WE SHOULD GO DOWN.

>> ALL RIGHT. ROUND NO 2. >> SO SOME OF THE COMMENTS THERE, RIGHT NOW WE ARE ON TRACK TO INCREASING OUR CAPACITY INCREASING OUR WATER CAPACITY INCREASING THE WASTEWATER CAPACITY AND THAT HAS STARTED RIGHT NOW, RIGHT? AND SO IT IS FOR THE FUTURE BECAUSE OBVIOUSLY WASTEWATER PLANT ARE COMING TO US IN TWO OR THREE YEARS AND SO IF WE IF THERE ARE THINGS THAT COME TO A HALT THEN WE ARE INVESTING IN THE FUTURE BUT IF DEVELOPERS ARE NOT COMING IN THEN THAT IS GOING TO PUT A BIGGER BURDEN ON THE RESIDENTS BECAUSE THEY ARE GOING TO HAVE TO PAY ON THE CITY OF HUTTO BILL FOR THE COSTS THAT ARE BEING - STARTING RIGHT NOW. IN TWO OR THREE YEARS WE WILL HAVE WHAT THE MAYOR HAS SAID. THE $200 INCREASE IN YOUR BILL BECAUSE THERE ARE OTHER PLAYERS COMING IN TO INVEST INTO A SYSTEM AND TAKE THE WATER THAT WE HAVE RESERVED INTO TAKE THE WASTEWATER AND TAKE IT TO THE EXPANDED PLANT. SO, IF WE DON'T HAVE DIVERSE USERS AND DEVELOPMENT COMING IN AND ABSOLUTELY IT WILL BE PUT ONTO

[02:30:01]

THE RESIDENTS OF HUTTO TO PAY THE PRICE AND THAT BURDEN AND C'T DO THAT BECAUSE NOBODY WANTS TO DO THAT. NEED TO TAKE CARE OF PEOPLE IN THE CITY LIMITS ABSOLUTELY BUT AT THE SAME TIME IF WERE GOING TO INVEST IN INFRASTRUCTURE IN THE FUTURE WITHOUT HAVING THOSE DIFFERENT PLAYERS AND FORWARD THINKING AND FORESIGHT AS TO THE USERS THEN IT IS THE COST-EFFECTIVENESS. IT WILL BE VERY AND EVEN AND A HARD PILL

TO SWALLOW. >> WHO IS NEXT?

>> I WANTED TO SAY THAT WE POINTED OUT THAT THEY DID FLIP THAT ON THEIR PRESENTATION AND I DO THINK THAT TO COUNCILMEMBER KOLAR! IF YOU DECIDE ON ONE AND NOT THE OTHER YOU'VE ALREADY DECIDED THAT THE MAJORITY OF THE LAND IS IN THE MUD WHERE A LOT OF THE DEPARTMENTS HAVE TO COME TO US IN A THIRD PARTY AGREEMENT AND I WOULD SAY IT'S MOVE FORWARD AND SEE WHAT HAPPENS AND SEE WHAT THE PRESENTATION IS. AND THEN WE WILL ALSO KNOW BEFORE WE EVER HAVE TO GET TO THAT POINT AND SNOW IF WE WANT TO MAKE THAT FINAL VOTE WE WILL KNOW THE ANSWERS TO THE SCR REQUEST FOR DATA CENTERS. THAT WILL ALREADY BE KNOWN AND THIS THING WILL NOT USE ALL 2 MILLION GALLONS AND YOU TALK ABOUT OTHER AREAS NOT BEING DEVELOPED THIS AREA ALONG ONE 30 THAT CAN GENERATE SIGNIFICANT CELLS IN CAN GENERATE THIS WILL BE A GUARANTEED TAX BASE WHERE IF THAT THIRD PARTY AGREEMENT OR SOMETHING ELSE WERE TO COME OUT WE WOULD HAVE THAT $0.42 LOCKED. EVEN IF YOU LOWER IT FOR THE REST OF THE CITIZENS THIS AREA WILL STILL BE PAYING THAT HIGH $0.42 ASSESSMENT BECAUSE BASICALLY WE ARE GETTING A PERCENTAGE OF THE MUD THAT WILL ALREADY BE THERE ANYWAY. THAT IS A GOOD TAX BASE THAT CAN SIT THERE SO TO THROW THAT AWAY BECAUSE YOU DON'T WANT TO LOOK AT IT IS VERY SHORTSIGHTED. AND SO, I DON'T THINK WE SHOULD RESEND THE REQUEST. RIGHT NOW THIS IS JUST A REQUEST. WE ARE A LONG WAY AWAY FROM GETTING A THREE-PART AGREEMENT AND SEE IF THEY WANT TO PLAY AT ALL.

>> I THINK WE HAVE A LARGE PIECE OF PROPERTY AT COTTONWOOD. WE HAVE THE COTTONWOOD PROPERTIES A VERY LARGE PIECE OF PROPERTY THAT HAS TO GET DEVELOPED AND SERVED. WE HAVE THE MAJORITY OF THE MEGA SITE THAT IS NOT UNDER CONTRACT AND SO IF IT WERE TO BE DEVELOPED THOSE ARE AREAS THAT ARE IN OUR SERVICE AREAS THAT WE NEED TO SERVE AND IF THERE'S A LOT OF STUFF COMING WE CAN DEVELOP THOSE AREAS. WE DON'T HAVE TO DEVELOP EVERY SINGLE POSSIBLE AREA AND THE FACT THAT THIS IS AN AREA OUTSIDE THE SERVICE AREA THAT GIVES ME PAUSE. I DON'T NEED TO GO LOOKING FOR PROBLEMS WE HAD ENOUGH PROBLEMS FILLING OUT AND SERVING EVERYTHING WE HAVE IN THE CITY. AND THAT IS WHERE I AM AT.

>> MAYOR PRO TEM GORDON? COMING IT IS LED AND IT IS A COMMAND STRIP FOR THE MEETINGS.

>> WE ARE GOING TO USE IT RIGHT THERE.

>> ALL RIGHT. ROADS, ROADS, ROADS. THIS IS NOT SOLVING PEOPLE'S CONCERN ABOUT ROADS. I DON'T KNOW WHAT PEOPLE HAVE BUT IF YOU GUYS ARE PURSUING THIS THEN YOU GUYS HAVE TOO MUCH TIME ON YOUR HANDS. I'D LIKE TO SEE A FOCUS MORE ON ROADS, ROADS AND ROADS AND POTHOLES AND CURBS AND ALL THE INFRASTRUCTURE THAT PEOPLE ARE COMPLAINING ABOUT BECAUSE NOBODY IS COMPLAINING ABOUT WHY DON'T WE HAVE MORE APARTMENTS.

GIVE US MORE APARTMENTS IN FACT WE OUGHT TO SAY IT WERE NOT GOING TO GIVE YOU ANY WATER UNTIL YOU TURN INTO A COMMERCIAL CORRIDOR THAT IS GOING TO BE A MAJOR INTERSECTION. NOW THAT IS SOMETHING THAT PEOPLE CAN GET BEHIND BECAUSE THEN YOU CAN SAY LATER ON THIS IS GREAT SO BANDWIDTH IF YOU GUYS GOT THAT MUCH TIME I CAN SEND OUT AN EMAIL TO THE CITY MANAGER WITH IDEAS THAT COULD BE STUFF THAT IS IN THE CITY THEY JUST DRIVE AROUND CITY LIMITS AND WE CAN ALL FOCUS ON THAT AS OPPOSED TO HOW WE SOLVE SOMEONE'S PROBLEMS OUTSIDE. AND NUMBER 2, WE ARE MAD RIGHT NOW THAT SOMEONE ELSE

[02:35:01]

IS DEALING WITH OUR CCN TO PULL SOMEBODY OUT OF IT. YOU'RE DOING THE EXACT SAME THING AND I TALKED TO THE CITY MANAGER ABOUT THIS AND HE SAID HAVE YOU TALK TO THE MUD AND NO I HAVEN'T BUT THE DEVELOPER HAS TOLD ME BLAH, BLAH, BLAH. I DON'T KNOW IF ANYONE KNOWS THIS BUT DEVELOPERS LIFE. THE DEVELOPER SAID THEY GIVE UP THEIR CCN AND THAT DOESN'T MAKE SENSE BECAUSE THOSE PEOPLE HAVE BONDS THAT ARE BEING PAID FOR BY DEVELOPMENT AND THEY JUST GAVE IT AWAY? THEY HAVEN'T CALLED ANYBODY OVER HERE TO SAY HEY, WE ARE GIVING IT TO CCN WERE JUST TAKING THE DEVELOPER'S WORD? WE ARE TAKING TIME AWAY FROM OUR DAY TELLING OTHER PEOPLE'S PROBLEMS AND NOT THE PEOPLE THAT I REPRESENT. YOU GUYS GET PAID FOR IT AND THAT'S WHO YOU WANT TO BE WORKING FOR IN MY MIND.

THE SCR SAYS BASED ON THE ESTIMATED TIMING OF THESE PRODUCTS THE SYSTEM WILL HAVE ADEQUATE CAPACITY FOR THE DEVELOPMENT BY DECEMBER 2025. WE ARE TELLING THEM THAT WE ARE GOING TO HAVE IT BY DECEMBER 25 BUT TO THE COUNCILMAN'S PART IT'S ONLY 1.2 MILLION GALLONS AND I DON'T KNOW HOW FAR THAT GOES BUT THERE WAS A TIME THAT WE DID NOT HAVE A GOOD GRASP ON ANYTHING. SO IF WE GO AND IMPROVE APARTMENTS HERE IN 18 MONTHS WERE TURNING DOWN AND APARTMENT IN THE CITY LIMITS BECAUSE WE DID THIS EVERYONE'S GOING TO REMEMBER WHAT WE DID.

AND FACTS WITHOUT READING WE KEEP SAYING THINGS ARE FACTS AND THE MAYOR IS RIGHT. IT SAYS THE PARTIES UNDERSTAND AND AGREE THE CITY SERVICES WILL BE PROVIDED TO ANY AREA WITHOUT DISTRICT BOUNDARIES PRIOR TO CONVERSION OF THE DISTRICT TO FULL PURPOSE JURISDICTION UNLESS OTHERWISE AGREED TO IN WRITING IN MY OPINION WE SHOULDN'T EVEN PROCESS AND SCR REQUEST UNTIL SOMEONE OVER HERE PICKS UP THE PHONE AND SAID SOME GUY COME IN HERE AND WANTS US TO TAKE ON THE WATER THAT'S WHAT WE WOULD WANT. DO WE WANT SOMEONE TRYING TO TAKE PART OF THE DISK ANNEXED CITY LIMITS WITHOUT EVEN CALLING US? NEED TO TREAT OTHER AGENCIES HOW WE WANT TO BE TREATED AND IT SAYS AT THE POINT IT BECOMES A WHOLE PURPOSE JURISDICTION AND THAT'S WHEN WE ARE GOING TO SUPPLY WATER BASICALLY THE DEAL IS OVER IN 25 YEARS. SO IT'S FUNNY TO ME THAT WERE GOING INTO EXECUTIVE SESSION TALKING ABOUT PEOPLE TAKING OUR CCM IN HERE WE ARE TRYING TO TAKE SOMEONE SEEK CCM. SALES-TAX THE ENTIRE AREA IS A LIMITED JURISDICTION SONY DETAIL ON THAT WOULD BE A SALES TAX. THERE'S NO NFA ON SALES-TAX AND WORKING OUT AN AGREEMENT. MAYBE THERE IS A BENEFIT THAT NO ONE FROM THE ISD CALLED ME AND SAID CAN YOU GUYS PUSH THROUGH ANOTHER 600 APARTMENT WE ARE LOW ON STUDENT? HOW DO WE GET MORE BODIES? I DON'T THINK WERE PUSHING FOR MORE GROWTH EITHER SO WE GOT THAT AND WE ARE TAKING APARTMENTS OVER THE OPPORTUNITY FOR COMMERCIAL AND IF YOU GUYS WANT TO TALK ABOUT LONG-TERM THINKING AND SHORTSIGHTEDNESS THE FIRST PERSON THAT COMES TO THE CITY AND SAYS I'VE GOT A SMOKING HOT DEAL TO BUILD APARTMENTS WERE JUMPING THROUGH HOOPS TO PROVIDE THEM WATER BUT WE OUGHT TO BE SITTING HERE GETTING GATHER AND SAYING NO, THE PEOPLE HERE WANT RETAIL AND THEY WANT SERVICES AND THEY WANT BUSINESSES THAT LOWER THE TAX BURDEN NOT INCREASE THE DEMAND OF THE INFRASTRUCTURE AND INSTEAD THEY'RE TRYING TO TAKE OUR STAFF WHOSE OVER TO STOPPED WITH PROJECTS AND RESELLING THEM GO AHEAD AND SPEND MORE TIME WITH THE DEVELOPER PAYING THE MIDDLEMAN I CAN'T EVEN BELIEVE OR EVEN ARGUING ABOUT SOMETHING BESIDES

OUR CITY LIMITS BUT ANYWAY. >> FOR ME AGAIN I DISAGREE WITH A LOT OF WHAT IS BEEN SAID BUT I DON'T SEE A PROBLEM WITH DEVELOPERS COMING VERY EARLY ON INTO THE CITY TRYING TO FIGURE THINGS OUT WE'VE MADE NO COMMITMENTS AND WERE NOT MAKING A COMMITMENT. A VERY SMALL PORTION OF THIS DEVELOPMENT IS SLATED FOR MULTI FAMILY. AS I HAVE SAID BEFORE I AM NOT IN FAVOR OF THE PEACE AND I DON'T KNOW IF I WOULD VOTE IN FAVOR OF A TRI-PARTY AGREEMENT IF THE APARTMENTS REMAIN A PART OF THIS. AND SO WE ARE NOT MAKING ANY COMMITMENTS TODAY. BUT WHAT I AM HEARING IS THIS ASSUMPTION THAT WE ARE MAKING SOME KIND OF COMMITMENT AND I DON'T SEE THAT. I DON'T SEE THAT THE CITY HAS MADE A COMMITMENT I DON'T SEE THAT THE CITY IS TRYING TO TAKE CCN FROM ANYONE. A DEVELOPER HAS COME TO SAY WHAT WOULD IT TAKE AND THEN LET HIM GO TO THE ENTITIES TO SEE IF THEY'RE WILLING TO GIVE IT UP AND THEY MIGHT NOT BE. AND THAT IS THAT TO THEM. THEY CAN DO WHAT THEY WANT WITH IT. I'M NOT HEARING THAT THE CITY IS TRYING TO TAKE CCN FROM ANYONE AND I'M NOT SEEING ANY EVIDENCE OF THAT. WE TALK A LOT ABOUT DOING THINGS LAST MINUTE ABOUT DEVELOPERS COMING TO US SAYING THIS IS FULLY BAKED AND IT'S TOTALLY DONE AND

[02:40:03]

YOU NEED TO DO THIS OTHER WISE THIS WILL HAPPEN AND TRYING TO PRESS THE COUNCIL INTO MAKE A DECISION. I FIND THIS THE COMPLETE OPPOSITE THE DEVELOPER IS DOING DUE DILIGENCE UPFRONT AND TRYING TO FIGURE OUT IF SOMETHING IS EVEN DOABLE. I THINK THAT IS PRAISEWORTHY FOR SOMEONE TO BE ABLE TO GO AND TO DO THAT AND THE OTHER THING IS I DID LOOK IT UP IN THIS AREA IS NOT PART OF THE CURRENT SALES-TAX LIMITED USE ANNEXATION. THIS PIECE OF PROPERTY DOES NOT FALL WITHIN THAT UNLESS THE ANNEXATION MAP ON THE CITY WEBSITE IS WRONG THIS PIECE IS NOT IN THERE SO IF A DEAL ISN'T DONE AND THEY BUILD COMMERCIAL THERE AND THEY DO WHATEVER WE ARE NOT GOING TO GET THE SALES TAX IN THERE UNLESS THIS AGREEMENT IS

NULLIFIED. >> MAYOR PRO TEM GORDON LET ME

ASK ASHLEY IF IT IS IN THERE. >> THAT WAS ONE OF THE THINGS THAT I WANTED TO LOOK UP WHEN I WAS RESEARCHING ON THE MAP AND IT WAS NOT COLOR-CODED TO BE WITHIN THE SAME COLOR CODE FOR HEB AND WHERE ALL THE OTHER ONES ARE.

>> I DON'T LEAVE THIS GOES ALONG WITH IT WE CAN CONFIRM BECAUSE TYPICALLY WE DON'T HAVE THOSE ON THE MAP BECAUSE WE DO A LIMITED PURPOSE ANNEXATION FOR AND A SPECIAL DISTRICT FOR THE ANNEXATION. I KNOW THAT WE HAVE LOOKED AT THAT BEFORE.

>> OKAY, THANK YOU I APPRECIATE IT AND IN SUMMARY I THINK THIS IS REALLY EARLY ON BUT I DON'T THINK THERE'S A NEED TO START THROWING RANCHES IN THE WORKS LET THEM FIGURE IT OUT AND COME TO US LATER. IT IS NOT A GOOD DEAL FOR THE CITY THEN WE DON'T HAVE THE CAPACITY TO GIVE TO THEM AND THEY STILL WANT APARTMENTS WHATEVER WE CAN ALWAYS SAY NO. THIS IS SOMETHING THAT IS EXTREMELY EARLY ON TO ME.

>> OKAY, COUNCILMEMBER THOMPSON IS THE LAST PERSON.

>> EVERYTHING I WANTED TO SAY HAS BEEN SAID I THINK THIS IS PREMATURE IN IDEA. I'M JUST GOING TO SAY NO TO AN IDEA THAT

IS NOT FULLY BAKED. >> CAN I GET A SECOND? I

DON'T WANT A THIRD ROUND. >> I DIDN'T SAY ANYTHING.

>> OKAY I THOUGHT YOU DID BUT IF YOU DID SCOUTS HONOR.

>> YES. I DEFINITELY UNDERSTAND FROM THE RESIDENTS PERSPECTIVE ROADS, ROADS, ROADS IT'S WHAT IS IMPORTANT RIGHT NOW AND ABSOLUTELY IT IS. ON THE CIP ON THE TRANSPORTATION LIST IS EXTENSIVE BUT I GUESS ANOTHER PIECE OF THE PUZZLE IT IS SIGHT UNSEEN. YOU DON'T KNOW THE BEHIND THE WORKS WASTEWATER AND OF COURSE RESIDENTS UNDERSTAND IN THE SUMMERTIME WE DO GO INTO PHASE II AND PHASE III BUT DO WE REALLY UNDERSTAND WHAT THAT IS? I DIDN'T KNOW IT BEFORE I WAS ON THE COUNCIL THE FIRST FEW MONTHS WE HAVE THE REPORTS FROM GARVER AND NICHOLS TALKING ABOUT OUR CAPACITY AND THE SEVERITY OF IT BECAUSE THEY FINISHED UP THEIR MASTER PLAN STUDIES AND I DIDN'T EVEN KNOW THE CONCERNS. SO I THINK WE AS A CITY IN CITY COUNCIL WE NEED TO BE A LITTLE BIT BETTER ABOUT COMMUNICATING THOSE CONCERNS BECAUSE ME PERSONALLY I DON'T KNOW HOW OTHER RESIDENTS WOULD FEEL ABOUT IT BUT I WOULD DRIVE ON ROUTE 37 EVERY DAY AS LONG AS I HAD WATER AND I WAS ABLE TO FLUSH MY TOILET. SO THAT IS MY TWO CENTS. THE ROADS ARE WORKING BUT WE ALSO NEED TO SEE THE OTHER PIECES OF THE PUZZLE WHICH ARE WATER AND WASTEWATER. WE ARE ON TRACK FOR THAT AND DEVELOPMENT WILL PLAY INTO THIS AND PAYING FOR SOME OF THE COST, EXPANDING THE PIPELINE TO CONTINUE THE CAPACITY OF WHAT WE ARE RECEIVING. AND THAT'S WHAT I WOULD SAY.

>> PLEASE CALL A VOTE. >> MAYOR CAN YOU RESTATE?

>> HAS BEEN SOMETIME TO DIRECT STAFF TO DISENGAGE REGARDING ANY KIND OF UTILITY SERVICE TO THE MUD AREA. IS THAT HOW YOU

REMEMBER IT? >> YES.

>>.[VOTING] >> THE MOTION FAILS TO-4. ALL

[13. CONSENT AGENDA ITEMS ]

RIGHT THAT BRINGS US UP TO THE CONSENT AGENDA. ARE THERE ANY

[02:45:03]

ITEMS THAT ANYONE WISHES TO PULL ON THE CONSENT?

>> I WOULD LIKE TO PULL 13-1. >> I WOULD LIKE TO PULL 13-2

ARE THERE ANY OTHERS? >> I WOULD LIKE TO PULL 13-10.

ALL RIGHT HEARING OTHERS I WILL ENTERTAIN A MOTION TO APPROVE OR DISAPPROVE 13-3, 13-3, 13- NINE AND 12.

>> I MAKE A MOTION TO APPROVE THE CONSENT AGENDA ITEMS.

>> SECOND. >> FIVE MINUTE DISCUSSION TIME ANYBODYY? HEARING NONE PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES 6-0.

[13.1. Consideration and possible action on Resolution No. R-2023-306 approving the purchase of a Schwarze A7 Tornado Regenerative Air Street Sweeper, from the approved FY 2024 budget, from Texan Waste Equipment Inc. DBA Heil of Texas in the amount of $305,700 through Houston-Galveston Area Council Purchasing Cooperative HGAC (Rick Coronado)]

LET'S GO TO ITEM 13.1. CONSIDERATION OF POSSIBLE ACTION OF RESOLUTION R-2023- 306 APPROVING THE PURCHASE OF A 87 TORNADO REGENERATIVE AIR STREET SWEEPER ON THE APPROVED FY22 FOR BUDGET TEXAN WASTE EQUIPMENT THINK DBA CALEB TEXAS IN THE AMOUNT OF $305,000 THROUGH HOUSTON GALVESTON AREA COUNCIL PURCHASING COOPERATIVE HVAC.

>> I MAKE A MOTION TO APPROVE AS PRESENTED.

>> HOLD ON. WE ARE MAKING MOTIONS BUT I WANT TO MAKE SURE THAT EVERYONE HAS AN OPPORTUNITY TO ASK ANY QUESTIONS. DOES ANYONE HAVE ANY QUESTIONS?

>> WHAT IS THE ETA ON ARRIVING ?

>> RARICK CORONADO. THIS WAS ORDERED BY THE MANUFACTURER AND THEY HAVE QUITE A BIT IN STOCK WHICH GIVE US AN ESTIMATE OF THREE MONTHS FOR DELIVERY WHICH IS CONSIDERABLY SHORT TIMEFRAME FOR BUILDING ONE OF THESE UNIT. AND SO, IT IS ESTIMATED LESS THAN THREE MONTHS BUT I AM GIVING YOU THE BALLPARK JUST IN

CASE. >> RICK?

>> THE PURPOSE IS TO SWEEP ROADWAYS ROADWAYS AND GUTTERS,

RIGHT? >> CORRECT RIGHT. SO WE HAD OVER THE LAST TWO MONTHS WE HAD DEMONSTRATIONS OF SOME OF THESE UNIT INCLUDING SCHWARTZ AND THERE WAS ANOTHER MANUFACTURER WHO DID A DEMONSTRATION VIRTUALLY AND REALLY WHAT THAT MEANT WAS THEY WERE DOING THE DEMONSTRATION AND THE VIDEO AND THIS ONE WAS IN NEW YORK. WE WERE ABLE TO DETERMINE THE FUNCTIONALITY AND HOW IT WORKS BUT IT WAS FOR CURB AND GUTTER.

THIS STYLE IS REGENERATIVE AND SO WHAT IT DOES IS KEEP DOWN SOME OF THE DUST AND SO WE ALSO LOOKED AT THE VOLUME. WE SETTLED WITH THIS TYPE WHERE WE COMPARED MULTIPLE UNITS WITH AND IT WAS THE LOWER COST AND ALSO THE FASTEST TURNAROUND FOR

THE UNIT. >> DOES IT HELP ANY WITH THE ROADS THAT WE HAVE THAT DON'T HAVE CURBS AND GUTTERS OR IS IT JUST FOR THE CURBS AND GUTTER ROAD?

>> THERE IS BENEFIT FOR EVEN THOSE AREAS THAT DO NOT HAVE CURB AND GUTTER. IT IS NOT AS EFFECTIVE BUT IT WILL DO SOME OF THAT DEBRIS REMOVAL. AND, WE HAVE NOT TESTED IT OUT ENOUGH TO SEE WHAT THE IMPACT IS IN COMPARISON TO THE CURB

AND GUTTER DESIGN. >> ANY OTHER QUESTIONS? ALL RIGHT I WILL ENTERTAIN A MOTION.

>> I MAKE A MOTION TO APPROVE AS PRESENTED.

>> ALL RIGHT WE HAVE A MOTION BY COUNCILMEMBER CLARK AND SECOND BY COUNCILMEMBER KOLAR. DISCUSSION FOR COUNSEL ON THE

MOTION? >> I WILL SAY THIS. I AM NOT VOTING FOR THIS. AGAIN WE HAVE A LOT OF PROBLEMS IN THE CITY AND IT IS THINGS LIKE THIS THAT DRIVE PEOPLE UP THE WALL BECAUSE WE ARE NOT FOCUSING ON ISSUES. THERE MIGHT BE SOME LONG-TERM BENEFITS BUT I JUST THINK OUR MONEY COULD BE SPENT BETTER ELSEWHERE. THESE ARE NICE TO HAVE SOMEONE EXHIBITING SMOOTH AND WE HAVE A BIG IMPENDING WASTEWATER INCREASE COMING AND WE HAVE BIG IMPENDING SOMETIMES WERE GOING

[02:50:02]

TO SELL $100 MILLION IN ROAD BONDS AND PEOPLE HAVE TO PAY FOR THAT. WE KEEP BUYING THINGS THAT ARE NICE TO HAVE

BUT WE DON'T NEED IT. ANYWAY. >> THE ONLY THING I WOULD LIKE TO SAY IS YOU ALREADY HAD AN OPPORTUNITY TO VOTE IT TO NOT BE IN THE BUDGET LITERALLY A MONTH AGO INDIVIDUALLY WE VOTED ON THIS ITEM TO ADD IT TO THE BUDGET AND THEN THEY COME IN AND DO IT AND THEN TO DEBATE AGAIN LITERALLY 30 DAYS LATER IS AN INEFFICIENCY OF GOVERNMENT AND THAT IS WHY IT WAS ON THE CONSENT. AS COUNSEL WE SHOULD LOOK AT THAT IN THE I KNOW YOU WANT TO DISCUSS ABOUT A PARTICULAR VOTE YOU LOST EARLIER BUT IT IS IN THE BUDGET AND WE APPROVE THE BUDGET IN OCTOBER AND OUR STAFF IS LAMENTING WHAT IS APPROVED IN THE BUDGET AND IF YOU GO ON AND SLOW IT DOWN AND SAY I'M GOING TO VOTE AGAINST THIS BECAUSE I DON'T LIKE IT YOU ALREADY MADE IT CLEAR AND IT PASSED THE BUDGET. AT SOME POINT NEED TO LEAD FORWARD WITH THE CITY WHAT WE ADOPTED AS A COUNSEL AND ANYWAY THAT'S JUST MY THOUGHT. SO I WILL BE VOTING FOR IT BECAUSE IT IS IN THE BUDGET AND WE ALREADY HAD THE DISCUSSION ABOUT THE ITEM AND WE HAVE THE CITY ENGINEER AND EVERYONE UNDERSTOOD THE BENEFITS AND WHY WE NEEDED IT IN THE CITY MANAGER GAVE AN EXPLANATION IN OCTOBER.

>> ANYONE ELSE? >> IF WE DON'T NEED AN X DONATION AS WHY WE DON'T NEED TO VOTE AGAINST IT WE DON'T NEED AN EXPLANATION TO THE EITHER. I JUST THINK YOU NEED

TO VOTE. >> TO BE FAIR.

>> HOLD ON YOU ALREADY TALKED ONCE? HAVE TO COME OUT WITH SOME KIND OF SCORING THING I THOUGHT YOU DID EARLIER.

>> I ASKED HIM A QUESTION ABOUT DELIVERY BUT IT'S COOL.

A QUESTION CAN BE MY TIME. >> THAT WAS BEFORE THE MOTION

WAS MADE. >> I WILL COME UP WITH BETTER

TRACKING, I PROMISE. >> I DID ASK A QUESTION BUT IT

IS OKAY. >> PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES FOR-2.

[13.2. Consideration and possible action on Resolution No. R-2023-308 authorizing the City Manager to execute an amendment to the agreement with DCS in the amount of $196,320 related to the Glenwood Interceptor project (WW01-2023) (Matt Rector)]

NEXT WE HAVE ITEM 13.2. CONSIDERATION IMPOSSIBLE ACTION ON R-2023- 308 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO THE AGREEMENT WITH DCS IN THE AMOUNT OF $196,000 PLUS RELATED TO THE GLENWOOD INTERCEPTOR PROJECT WW 01 - 2023. ANY QUESTIONS? WOULD BE LIKE TO MAKE A MOTION?

>> I MAKE A MOTION TO APPROVE R-2023- 308.

>> DO WE HAVE A SECOND? >> SECOND.

>> ALL RIGHT. WE HAVE A DISCUSSION FROM COUNSEL? DOES ANYONE WANT TO SAY SOMETHING? YOU HAVE 5 MINUTES AND WHAT WE REALLY NEED TO DO AS A COUNSEL IF SOMEONE SAYS SOMETHING YOU DON'T LIKE YOU CAN JUST MOVE ON YOU DON'T HAVE TO SAY THAT YOU DISAGREE BECAUSE EVERYONE KNOWS YOU DISAGREE WITH ME. GOING TO ASSUME MY 5 MINUTES AND I'M GOING TO READ THE AGENDA BACKGROUND BECAUSE THIS IS WHY WE NEED TO FOCUS ON THINGS IN THE CITY. THE CITY EXECUTED A AGREEMENT TO DECOMMISSION AND DESIGN AN INTERCEPTION AND TO LIFT STATIONS WHERE THE DCS ENGINEERING LLC IN THE AMOUNT OF 90963,000. AND BY THE WAY I NOT KNOCKING DCS ON THIS IT'S THE CITY DOING THIS BUT AN AMENDMENT TO THAT DESIGN CONTRACT WAS EXECUTED MAY 4 2020 FOR ADDITIONAL WORK AND INCREASE THE CONTRACT TO OVER 970,000. SIX MONTHS GOES BY AND WE CHANGE THE DESIGN CONTRACT. THE SECOND AMENDMENT WAS EXECUTED IN 2023 TO REWORK THE DESIGN OF THE PLANS THAT HAD BEEN PREVIOUSLY PREPARED.

THIS ADDED 832,000 TWO THE CONTRACT BRING THE TOTAL AMOUNT OF DESIGN SERVICES TO NOW 1,819,000 PLUS. IN MY MIND WE STARTED COMPLETELY OVER LITERALLY FOR YEARS AFTER WE STARTED THIS. AND THEN A THIRD AMENDMENT TO THE CONTRACT WAS EXPECTED ON JULY 6 2023 DUE TO LANDHOLDERS ALONG THE PATH OF A NEW INTERCEPTOR REQUIRING SOME REALIGNMENT OF THE INTERCEPTOR

[02:55:03]

WHICH REQUIRED ADDITIONAL SURVEY AND DESIGN THIS AMENDMENT INCREASE THE COST OF THE PROJECT BY $154,000 FOR A TOTAL OF $1,983,216.72. I'M GOING TO TELL YOU NOW IN THE PRIVATE WORLD HE WOULD BE FIRED. IF YOU CAN'T GET IT RIGHT AND YOU GO FROM A $900,000 BUDGET TO 2 MILLION YOU KEEP REDOING AND REDOING AND THAT IS NOT ALL. THERE IS A FOURTH AMENDMENT WHICH IS THE RESULT OF COORDINATION WITH THE TEXAS WATER DEVELOPMENT BOARD TO UTILIZE FUNDS THAT HAVE BEEN LEFT OVER FROM ANOTHER PROJECT SINCE 2019. UTILIZATION OF THESE FUNDS REQUIRES ONE OF THE LESCHYSHYN PROJECTS BE BROKEN OUT IN SOME DESIGN PACKAGE SO IN THE DESIGN BID WE WOULD SEE IT SEPARATELY. THIS CREATES AN ADDITIONAL ENGINEERING WORK RESULTING IN ADDITIONAL COSTS OF $196,000. SO NOW THE TOTAL DESIGN CONTRACT IS 2.179 MILLION PLUS IT SOUNDS TO ME LIKE SOME HOW THIS WORKS OUT IN OUR FAVOR BECAUSE THIS WILL NOW FACILITATE THE CITY USING APPROXIMATELY $1.9 MILLION IN TEXAS DEVELOPMENT BOARD FROM PROJECT DATING BACK TO 2019 AND HERE IS WHAT I AM TRYING TO SAY WITH THIS. CAN WE JUST GET A PROJECT DONE? THIS IS BEFORE YOUR TIME AND GET IT BUT THIS IS THE PROBLEM WHEN WE GET NOTHING DONE IN THE CITY. NEW ENGINEERS COMING IN AND THE CITY MANAGER SITE I DON'T LIKE THIS DESIGN WE SHOULD DO THIS AND REWORK THIS JUST KEEP ENGINEERING. THE ONLY PEOPLE WHO MAKE MONEY ARE ENGINEERS.

THE PUBLIC JUST WANT WATER ELICITATION THEY JUST WANT SOMETHING DONE. I LOOK AT THIS AND I SAY WE STARTED SOME THING WHEN THE MAYOR AND I GOT ON HERE IT'S STILL NOT DONE YET FROM AUGUST 2019 BECAUSE IT SOUNDS LIKE THE CITY KEEPS CHANGING HER MIND ON WHAT WE WANT. THIS IS WHAT I WANT IS FOCUSING ON NOT OTHER PROJECTS OUTSIDE OF OUR JURISDICTION WANT TO FOCUS ON GETTING THAT STUFF DONE, COMPLETED DIRT MOVING. I AM GOING TO START PULLING THESE THINGS OUT AND EVERY TIME I SEE THAT WE MISSED AN EASEMENT LIKE A THINK THIS IS ONE THAT WE MISSED WE HAVE GOT TO GET THESE BOXES CHECKED AND PEOPLE FOCUSING ON CURRENT PROJECTS BECAUSE EVERYONE WANTS TO TALK ABOUT TWO OR THREE YEARS FROM NOW THIS BAD BOY IS COMING UP ON ITS FIFTH YEAR ANNIVERSARY AND I DON'T KNOW WHAT TO DO THE DESIGN PROJECT THAT IS IN ITS FIFTH YEAR BUT WE HAVE TO DO SOMETHING TO SHOW THAT WE AT LEAST ACKNOWLEDGE IT'S BEEN FIVE YEARS. SO GOT 51 SECONDS LEFT AND I WILL CUT

IT SHORT. >> I GOT A COMMENTS. I AM JUST FIRST, SECOND THIRD AMENDMENT AND IS WATER UNDER THE BRIDGE AND IT'S NOT PART OF THIS ITEM SO I WASN'T REALLY PREPARED TO DISCUSS WHAT IS HAPPENS. WHAT'S HAPPENED IN THE PAST WANT TO FOR CITY MANAGER SINCE I'VE BEEN HERE IN ANNISTON WE HAVE TURMOIL AND I THINK WERE MOVING FORWARD. MY OPINION ON A LOT OF THINGS IS WE ARE MAKING PROGRESS. I ASKED THE CITY MANAGER ABOUT THIS ONE DURING OUR BRIEFING AND FOR US TO SPEND ANOTHER $96,000 TO GET ACCESS TO ESSENTIALLY PAY FOR THIS THING I THINK IS SMART. IT IS A WIDE USE OF FUNDS AND WHEN I LOOKED AT IT I THOUGHT THAT IF SOMEONE ASKED ME TO SPEND $196,000 IT SOUNDS LIKE ONE OF THOSE EMAILS YOU GET FROM NIGERIA. [CHUCKLE] I'M TRUSTING THAT IS NOT THIS. IT DIDN'T COME FROM NIGERIA SHOULDN'T MATT? I JUST LOOK THAT UP BECAUSE FIRST I RAISED MY EYEBROWS THINK WHAT ARE WE AMENDING THIS FOR WHEN I UNDERSTOOD IS THAT. I APPRECIATE THE ABILITY FOR US TO GO AND SECURE ADDITIONAL FUNDS FOR OUR TAXPAYING CITIZENS SO THEY DON'T HAVE TO PAY AS MUCH FOR A PROJECT THAT DOUBLED IN PRICE.

>> I DO AGREE WITH SOME OF THE STATEMENTS THAT THE MAYOR MADE AND OBVIOUSLY THIS IS FOR FIVE YEARS IN THE PROCESS AND NOTHING IS GETTING DONE MONEY IS JUST GETTING SPENT.

ALTHOUGH THESE ARE NOT TRUE TIMELINE STATEMENT I FEEL LIKE WITH THE CITY STAFF WITH MATT AND OF COURSE I DON'T KNOW IF AND FOUND THE FUNDING TOOL BUT I KNOW THAT YOU HAVE BEEN WORKING HARD TO FIND NEW AND INNOVATIVE WAYS FOR FUNDING SOME OF THESE BIG PROJECTS AND I KNOW THAT 1.9 MILLION IS A LOT OF MONEY BUT OBVIOUSLY THERE WERE A LOT OF THINGS THAT WERE BIGGER THAN THAT SO I KNOW THAT YOU ALL ARE WORKING HARD TO FIND THE MONEY THAT IS AVAILABLE FROM THE FED'S AND STATE AND THE TEXAS WATER BOARD HERE. SO YOU ALL ARE WORKING

[03:00:01]

HARD TO FIND MONEY ALTHOUGH IT IS COSTING MORE. IT IS A PRO FOR THE ENGINEER BECAUSE THEY WILL GET THE MONEY BUT AT THE SAME TIME LIKE MAYOR PRO TEM GORDON SAID AT THE ENDS WE ARE WINNING ON THE MONEY SIDE BUT NOT NECESSARILY THE TIMELINE SIDE NECESSARILY. THAT HAS BEEN THE COURSE OF THE LAST FOUR YEARS. SO, MOVING FORWARD.

>> ANYONE ELSE? ALL RIGHT. OKAY. PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES 6-0.

[13.10. Consideration and possible action on Resolution No. R-2023-317 authorizing the City Manager to submit an application to the Capital Area Metropolitan Planning Organization (CAMPO) to add the CR 132 Project to the Regional Mobility Plan (Matt Rector) ]

THAT BRINGS US TO ITEM 13.10 CONSIDERATION AND POSSIBLE ACTION OF R-2023- 317 AUTHORITY THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION TO ADD THE CR 132 PROJECT TO THE REGIONAL

MOBILITY PLAN. >> I HAD A QUESTION. IS THIS GETTING ADDITIONAL FUNDS FOR OR HOPEFULLY TRYING TO GET ADDITIONAL FUNDS FOR THE WIN32 OVERPASS?

>> YES THIS WOULD BE THE FIRST STEP IN ORDER TO GET TO THE POINT WHERE WE CAN APPLY FOR A FEDERAL GRANT OR ANYTHING LIKE THAT WE HAVE TO GET ON THE REGIONAL PLAN AND ONCE WE ARE ON THE REGIONAL PLAN WE CAN GET ON THE STATE PLAN AND ONCE WE ARE THE THE STATE PLAN IT POTENTIALLY OPENS THE DOOR FOR THE GRANT PLANS THAT WERE DISCUSSED.

>> OKAY, COOL. I GUESS IT WAS A LITTLE CONCERNING BECAUSE THERE IS A DEADLINE FOR THE APPLICATION AND THAT WAS FOR 11-10 AND IT IS 11-16 AND I DON'T KNOW IF WE HAVE TO TAKE A VOTE AND WITH THAT HINDER OUR DEADLINE.

>> HOW WOULD WE APPROVE THE APPLICATION THAT THE CITY MANAGER REQUESTS I USE THAT TYPE OF RATIFICATION BECAUSE RATIFICATION SOMETIMES CAN BE CHALLENGED. THE FACT THAT YOU APPROVE IT IS IT WITHIN THE RESOLUTION?

>> AND JUST TO CLARIFY THERE WAS A SLIGHT TECHNICAL GLITCH BECAUSE FIRST OF ALL 11-10 WAS A HOLIDAY AND WE WERE NOT HERE WE CONTACT DID CAMPO. WHEN WE WERE CONTACTING THEM THERE WAS AN ISSUE IN THEY HAVE EXTENDED THE DEADLINE FOR US BECAUSE WE PHYSICALLY CANNOT DO WHAT THEY ARE ASKING US TO DO BECAUSE THE

THE WEBSITE. >> I WOULD LIKE THE WEBSITE TO SHOW THAT BECAUSE WE FOUND THE GLITCH IN THEIR WEBSITE THEY SHOULD APPROVE THAT. I DON'T KNOW IF YOU WANT TO TELL THEM THAT BUT I WOULD APPRECIATE THAT THANKS SO MUCH THAT WAS MY

QUESTION. >> ALL RIGHT HERE IS ONE SINCE WE HAVE NEW INFORMATION WHEN DID WE FIND OUT ABOUT THIS

PROCESS? >> ABOUT THE GRANT OR ABOUT

THE REGIONAL TRANSPORTATION? >> WHEN DID WE FIND OUT WE WERE ABLE TO SUBMIT THINGS TO CAMPO?

>> I BELIEVE THE CONSULTANT REACHED OUT TO US IN OCTOBER MID OCTOBER AND WE TOLD THEM TO START PUTTING TOGETHER THE APPLICATION SO WE CAN SUBMIT IT. WE DIDN'T GET THE DOCUMENTS FROM THEM UNTIL A COUPLE DAYS BEFORE THE DEADLINE AND THEN THAT IS WHEN I REALIZE THAT THE DEADLINE WAS ON A HOLIDAY AND WE WOULD BE HERE SO I STARTED TO HAVE A

CONVERSATION TO HAVE EXTENDED. >> ANY OTHER QUESTIONS TO MATT? I WILL ENTERTAIN A MOTION FOR 13-10.

>> I MAKEMAKE A MOTION. >> WE HAVE A MOTION AND SECOND. DISCUSSION FROM ANYONE?

>> THANK YOU GUYS FOR FINDING ADDITIONAL WAYS TO PAY FOR

STUFF. I APPRECIATE IT. >> THANK YOU.

>> HERE'S MY TWO CENTS ON THIS.

>> HAPPY BELATED VETERANS DAY.

>> THIS IS A REOCCURRING THEME. THESE ARE THE THINGS WE HAVE TO FOCUS ON AND HOPEFULLY THEY LET US GO AFTER THE

[03:05:01]

DEADLINE AND IF YOU WERE IN COLLEGE OR PROFESSOR WOULD SAY TOO BAD SO SAD IF YOU KNEW THE HOLIDAY WAS ON THE 10TH YOU SHOULD'VE TURNED IT ON THE NINTH OR THE EIGHTH OR THE SEVENTH AND THIS IS AGAIN AS A CITY WE GOT TO FOCUS ON THE THINGS IN THE CITY LIMIT BUT NOT ON THE THINGS OUTSIDE BECAUSE EVERY TIME WE HAVE A MEETING A PHONE CALL OR EMAIL EXCHANGE THAT DOES NOT PERTAIN TO WHAT WE ARE DOING IN THE CITY WE RUN THE RISK OF A DEAL LIKE THIS WHERE THE NEXT TIME WE MIGHT MISS THE DEADLINE AND YOU GUYS HAVE BEEN - CAMPO IS NOT NEW. AND WE HAVE ALREADY TALKED ABOUT WHAT ABOUT CAMPO? CONSULTANT SHOULD NOT BE TELLING US HEY, CAMPO IS SITTING ON $1 BILLION OF MONEY. WE ALL KNOW IN CITY GOVERNMENT THAT YOU CAN DO IT SO WHAT I WANT YOU GUYS TO DO IS THIS HAPPENS A LOT. THIS HAPPENS WITH OUR OPIOID SETTLEMENT AT THE LAST MINUTE WE ARE TRYING TO GET THAT WE'VE GOT TO GET THINGS DONE BY DEADLINES BECAUSE WE LOST OUT ON HALF $1 MILLION IN PARK MONEY BECAUSE WE MISSED IT DEADLINE. FREE MONEY AND WE JUST LOST IT. SO, TO ME IT IS ALL ABOUT BANDWIDTH AND FOCUSING ON THE CITY. HEARING NO ONE ELSE PLEASE CALL

A VOTE. >>.[VOTING]

[14. EXECUTIVE SESSION]

>> THE MOTION PASSES 6-0. WE WILL HEAD BACK TO EXECUTIVE SESSION BUT BEFORE WE GO I WOULD LIKE TO PULL ITEM 14.1 AND 14.2 AND ADD IT TO THE OPEN.

>> OBJECTION. >> OBJECTION. > I WILL MAKE A MOTION TO PULL 14.1 AND 14.2?

>> I WILL SECOND. >> ALL RIGHT. I'M GOING TO PULL THESE OUT BECAUSE WE ARE MESSING AROUND IN THE MUD TALKING ABOUT SUPPLYING THEM WATER IN HERE ARE THE ITEMS WHERE OTHER PEOPLE ARE TRYING TO PULL LANDS OUT OF OUR AREA JUST LIKE WE ARE TRYING TO DO SOMETHING ELSE. AND IF YOU TALK ABOUT THEM IN PUBLIC WE OUGHT TO LET THE PUBLIC KNOW

WHO IS DOING THINGS TO US. >> AND THEY CAN READ THE ITEM.

>> RIGHT NOW IT TELLS YOU THEY CAN READ THIS IN PUBLIC AND

THAT'S ENOUGH INFORMATION. >> ANYWAY THAT IS WHY AM LOOKING UP PULLING THIS. NO MORE SECRETS.

>> I DON'T HAVE A PROBLEM GOING BACK INTO EXECUTIVE SESSION TO DISCUSS SOME LEGAL ADVICE AND HEAR FROM OUR ATTORNEY. THERE'S NOTHING TO PREVENT US FROM TALKING ABOUT THIS IN PUBLIC. I HAVE NO PROBLEM WITH THE NORMAL PROCESS OF COMING BACK OUT AND TALKING ABOUT IT.

>> STATE LAW IS CURRENTLY IN LITIGATION GRAND PRAIRIE FILED A LAWSUIT AND THAT IS THE PUBLIC RECORD. YOU HAVE ALL BEEN SUPPLIED WITH THAT AND SO THE QUESTION IS IF THERE IS ANY LEGAL QUESTIONS ABOUT THOSE PETITIONS AND THOSE PROPERTIES IN THE ETJ IF YOU DON'T HAVE ANY AND YOU ARE INCLINED TO DENY THE EKG RELEASE ADDITION YOU CAN DO THAT IN THE PUBLIC AND THEN AS FAR AS WHAT LAW FIRM TO REPRESENT YOU WOULD JOIN WITH THE GRAND PRAIRIE AND THE OTHER WOULD BE A LAW FIRM TO INTERVENE IN THE GRAND PRAIRIE LAWSUIT. IT ALL CENTERS AROUND UNCONSTITUTIONAL STATE LAW.

>> I HAVE A LEGAL QUESTION SO IT DOESN'T MATTER.

>> OKAY. IT IS IN THE DISCUSSION AND WE WILL PULL THESE ITEMS OUT OF EXECUTIVE. HEARING NONE PLEASE CALL A

VOTE. >>.[VOTING]

>> THE MOTION FAILS TO-4. SO WITH THAT WE ARE GOING INTO EXECUTIVE SESSION FOR ITEM 12.3 CONSIDERATION OF POSSIBLE ACTION RELATING TO DISCLOSURE PENDING LITIGATION. ITEM 14.1 RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071 RELATING TO THE PETITION OF 705 LIMIT LOOP JV, LLC, PURSUANT TO THE PROVISIONS OF SENATE BILL NUMBER 2038, ESTABLISHING SECTIONS 42.101 THROUGH 42.105 OF THE TEXAS LOCAL GOVERNMENT CODE OR THE RELEASE OF THE CITIES EXTRA TUTORIAL JURISDICTION OF 19.4 ACRES OF LAND AND A POSITION OF

[03:10:07]

GLIMMER HOLDINGS FOR THE RELEASE OF THE CITIES EXT EXTRATERRESTRIAL JURISDICTION OF APPROXIMATELY 111.851 ACRES OF LAND. AND 14.2 RECEIVE LEGAL ADVICE TO PURSUANT TO TEXAS GOVERNMENT CODE 551.071 RELATING TO SECTION OF THE LAW FIRM TO REPRESENT THE CITY FOR PETITIONS PURSUANT TO THE PROVISIONS OF SENATE BILL NUMBER 2038. FINALLY 14POINT THREE RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION FI551.071. THE TIM IS 10:11. WE WILL BE BACK IN 15

>> IT IS 11:12 AND WE ARE BACK FOR EXECUTIVE SESSION AND NO

[12.3. Consideration and possible action relating to disclosure of pending litigation (Legal) (Part 1 of 2)]

ACTION WAS TAKEN. THAT BRINGS US TO ITEM 12.3 CONSIDERATION

AND POSSIBLE ACTION. >> WE ARE BACK FROM EXECUTIVE SESSION. WE WILL GO TO ITEM 12.3 CONSIDERATION OF POSSIBLE ACTION RELATING TO DISCLOSURE PENDING LITIGATION.

>> I WOULD MAKE A MOTION TO RELEASE THE LITIGATION UPDATE OF 11-16-23 WHICH WAS PROVIDED TO COUNSEL BEFORE TO RELEASE TO

THE PUBLIC. >> SECOND.

>> SECONDED BY COUNCILMEMBER CLARK AND SECOND BY MAYOR PRO TEM GORDON. I WAS THERE ANY DISCUSSION?

>> IF NONE PLEASE CALL A VOTE.

>>OTING] >> THE MOTION PASSES 6-0. NOW

[15.1. Consideration and possible action relating to legal advice received pursuant to Texas Government Code Section 551.071 (Consultation with Attorney) relating to the Petition of 705 Limmer Loop JV, LLC, pursuant to the provisions of Senate Bill No. 2038, establishing Sections 42.101 through 42.105 of the Texas Local Government Code, for the release from the City's Extraterritorial Jurisdiction ("ETJ") of 19.4 acres of land and a Petition of Limmer Holdings, LLC for the release from the City's Extraterritorial Jurisdiction ("ETJ") of approximately 111.851 acres of land ]

THAT BRINGS US TO ITEM 15.1 CONSIDERATION AND POSSIBLE ACTION NEEDED TO LEGAL ADVICE RECEIVED IN CONSULTATION WITH ATTORNEY RELATING TO THE PETITION OF 705 LIMIT LOOP JV PURSUANT OF THE PROVISIONS OF SENATE BILL 2038, ESTABLISHING SECTIONS 42.101 THROUGH 42.105 OF THE TEXAS LOCAL GOVERNMENT CODE FOR THE RELEASE OF THE CITIES ETJ OF 19.4 ACRES OF LAND AND THE PETITIONER GLIMMER HOLDINGS LLC FOR THE RELEASE OF

THE CITIES EKG. >> I WOULD LIKE TO DENY THE PETITIONS TO REMOVE PROPERTY FROM THE CITY'S ETJ TO BE DENIED BECAUSE S BILL 2038 IS AN UNCONSTITUTIONAL DELEGATION OF LEGISLATIVE AUTHORITY AND IT CONFLICTS WITH THE TEXAS LOCAL GOVERNMENT SEWED SECTION 42.023 THE CITY DOES NOT CONSENT TO

THE REDUCTION OF ITS ETJ. >> SECOND.

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

>> HEARING NONE PLEASE CALL A VOTE.

>>.[VOTING] >> THE MOTION PASSES 6-0.

[15.2. Consideration and possible action selecting a law firm to represent the City for petitions pursuant to the provisions of Senate Bill No. 2038, establishing Sections 42.101 through 42.105 of the Texas Local Government Code, for the release from the City's Extraterritorial Jurisdiction ("ETJ")]

NEXT WE HAVE ITEM 15.2 CONSIDERATION AND POSSIBLE ACTION SELECTING A LAW FIRM TO REPRESENT THE CITY OF PETITIONS PURSUANT TO THE PROVISIONS OF SENATE BILL 2038 ESTABLISHING SECTION 42.101 THROUGH 42.105 OF THE TEXAS LOCAL GOVERNMENT

CODE. >> MAYOR I WOULD LIKE TO MAKE A MOTION TO HIRE AND WITH OTHER CITIES PROTESTING THE CONSTITUTIONAL LAWS RELATING TO THE RELEASE OF ETJ NOT TO

EXCEED AN AMOUNT OF $5000. >> DO WE HAVE A SECOND?

>> SECOND. >> SECOND BY COUNCILMEMBER KOLAR ANY DISCUSSION OF THE MOTION? HEARING NONE PLEASE

CALL A VOTE. >>.[VOTING]

>>. >> THE MOTION PASSES 6-0. IF

[12.3. Consideration and possible action relating to disclosure of pending litigation (Legal) (Part 2 of 2)]

WE COULD MESSED UP AND I NEED TO RECALL ITEM 12.3 IF THERE'S

[03:15:01]

NO OBJECTION. HEARING NONE I MEANT TO ASK THE CITY ATTORNEY QUESTION. IS THERE ANY LITIGATION REGARDING A LAWSUIT THAT INVOLVES THE MAYOR OR ANY PERSON SITTING UP HERE ON THIS DAIS REGARDING SEXUAL HARASSMENT OR SEXUAL DISCRIMINATION WITH THE CITY INVOLVED IN OR HAS BEEN

INVOLVED IN? >> NO.

>> I FORGOT TO ASK THAT AND I APOLOGIZE. IS THERE ANYTHING

[15.3. Consideration and possible action on Executive Session Items ]

ELSE ON THAT ONE FROM ANYBODY? WE WILL MOVE ON TO 15.3 CONSIDERATION AND POSSIBLE ACTIONS ON EXECUTIVE SESSION ITEMS. HEARING NONE? MOVE ON TO 16.1 GENERAL COMMENTS FROM

[16.1. General Comments from City Council ]

CITY COUNCIL. >> I HAVE ONE I WANT TO WISH EVERYONE HAPPY THANKS GIVING HAVE SAFE TRAVELS AND I AM LOOKING FORWARD TO THE TREE LIGHTING CEREMONY ON NOVEMBER 25 AT THE END OF THE THANKSGIVING HOPEFULLY IF YOU ARE IN HUTTO YOU CAN COME OUT TO THAT FOR KIDS ACTIVITY. AND EVERYONE DRIVE SAFE OVER THE HOLIDAYS.

>> ANY OTHER COMMENTS FROM COUNSEL?

>> HAPPY BELATED VETERANS DAY. AND HAPPY THANKSGIVING.

>>. >> ANY OTHER COMMENTS FROM

[16.2. Future Agenda Items ]

COUNSEL? ALL RIGHT 16.2 FUTURE AGENDA ITEMS. I HAVE SOMETHING THAT DEALS WITH FOOD TRUCK HOURS IN OLD TOWN IN AN ITEM THAT DEALS WITH EMERGENCY PREPAREDNESS IS THERE ANYTHING OTHER THAN THESE TWO ITEMS THAT WE ARE MISSING?

>> I WOULD LIKE A FUTURE AGENDA ITEM RELATED TO SECURING A SECONDARY CONTRACT FOR CITY ATTORNEYS BECAUSE WE USED TO HAVE ONE BEFORE AND I THINK THAT IS SOMETHING WE NEED TO

PURSUE. >> ANYTHING ELSE?

>> THAT IS IT. THE CHARTER SAYS THAT YOU HAVE TO CITY ATTORNEYS THAT YOU NEED TO APPOINT?

>> WE HAD A CONTINGENT WHEN WE HAD THE TWO WHAT WAS IT MAYOR

PRO TEM GORDON? >> MCGINNIS?

>> WE HAD MCGINNIS AND THEN YOU ALL WERE SECONDARY AND HAVE ONLY HAD A SINGLE AND I WANT THE SECONDARY THING.

>> LET'S HAVE IT AS AN AGENDA ITEM AND WE WILL DISCUSS IT.

HE IS GOING BACK AND IT WOULD BE GOOD EDUCATION TO KNOW WHAT HAPPENED BECAUSE IT GOT TO THE POINT BACK THEN THE CHARTER WAS DIFFERENT AND ALTHOUGH THE COUNCIL HAD THE POWER TO APPOINT THE CITY MANAGER WAS APPOINTING PEOPLE AND SO IT WOULD BE BEST TO HAVE THE AGENDA ITEMS AND IT IS ALWAYS GOOD TO HAVE EVERYBODY GET ON THE SAME PAGE. ANY OTHER

[16.3. Future Additional or Rescheduled meetings as allowed by Hutto City Code Section 1.02.033 Additional or Rescheduled Meetings ]

FUTURE AGENDA ITEMS? ALL RIGHT 16.3 FUTURE ADDITIONAL OR RESCHEDULE MEETINGS AS ALLOWED BY THE HUTTO CITY CODE SECTION 1.02.033 ADDITIONAL OR RESCHEDULE MEETINGS. THE PUBLIC'S SAKE WE HAVE ONE ON DECEMBER 7 AND DECEMBER 14 AND THAT'S THE MONTH OF DECEMBER. AND THEN WILL BE BACK JANUARY 4 IS THAT RIGHT? 12-7, 12-14. ANYTHING ELSE THAT WE NEED TO BE LOOKING AT? ALL

* This transcript was compiled from uncorrected Closed Captioning.