Dec 14, 2023 City Council

>> COUNCIL MEMBER CLARK. >> AYE.

>> COUNCIL MEMBER THOMPSON. >> AYE.

>> COUNCIL MEMBER WILCOTT. >> AYE.

>> MOTION PASSES 7. 8.3.

I APOLOGIZE IF THERE'S NO OBJECTIONS I WOULD LIKE TO TAKE

A FIVE MINUTE >> WE ARE BACK FROM OUR BREAK I

[8.3. Consideration and possible action on Resolution No. R-2023-340, a resolution adopting the City of Hutto Water Service and Development policy and authorizing the City Manager to enter into Water Capacity Agreements (Matt Rector)]

APOLOGIZE I LEFT SOME NOTES IN THE CAR.

>> THAT BRINGS US TO ITEM 83 CONSIDERATION OF POSSIBLE ACTION ON OUR-2023 TEST 34 ADOPTING HUTTO WATER AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER CAPACITY AGREEMENT.

>> GOOD EVENING MAYOR COUNCIL, THIS ITEM IS IN RESPONSE TO AN ITEM THAT CAME BEFORE YOU LAST WEEK AT THE CITY COUNCIL MEETING WHERE WE TRIED TO GET AN ANNEXATION DONE WHICH INCLUDED A MUNICIPAL SERVICES AGREEMENT AND QUESTIONS WERE RAISED ABOUT THE SCR AND HOW WE DO THEM IN THE CITY.

WHAT WE DID WAS BETWEEN LAST WEEK AND THIS WEEK WE WENT BACK INTO SOME RESEARCH AND CREATED SOME POLICY BASED ON THE COUNCIL DIRECTION FROM LAST WEEK THAT BASICALLY WOULD CHANGE THE WAY THAT WE DO THE SCR'S HERE IN THE CITY AND THERE IS A LOT OF THINGS OF THE POLICY THAT BASICALLY KEEPING IT SHORT AND SWEET. IT CREATES A RESERVATION FEE.

THE WAY THE POLICY IS WRITTEN CURRENTLY UPON APPROVAL OF THE SCR OR THE MEDICINE WILL SERVICES AGREEMENT BY COUNCIL THE APPLICANT WOULD HAVE SO MANY DAYS TO PAY THE RESERVATION FEE AND THAT'S A NONREFUNDABLE FEE THAT IS DUE ANNUALLY DEPENDING ON WHEN THEY USE THEIR SCR'S. IT WOULD EXPIRE ON THE FOURTH ANNIVERSARY AND THAT WAY THEY CAN'T RESERVE THEM AND SIT ON THEM FOREVER. THE POLICY HAS ALSO STATED THEY WOULD HAVE TO PREPAY THE IMPACT FEES AND THAT WOULD BE AN ESCROW ACCOUNT AND WALK AWAY FROM THE PROJECT AND REFUND THE MONEY.

IF THEY MOVE FORWARD TO CONSTRUCT WHATEVER IMPROVEMENTS ARE PART OF THE CIP AND CASHIER AGREEMENTS AND THAT KIND OF THING. THAT IS A HIGH LEVEL THE POLICY IS IN YOUR PACKET AS WELL AS THE FORM AGREEMENT THAT THE CITY ATTORNEY AND DRAFTED, THAT WOULD BE THE AGREEMENT THAT THE CITY MANAGER COULD ENTER INTO WITH THESE DEVELOPERS AND THE RESOLUTION ADOPTED ALL OF THIS AND MAKE IT OFFICIAL.

WITH THAT I WILL LEAVE IT OPEN FOR ANY QUESTIONS OR

CONVERSATION. >> QUESTIONS FROM COUNCIL.

>> WHEN I WAS MEETING WITH THE CITY MANAGER GOING OVER THE PACKET THERE WERE SOME QUESTIONS OF CLARITY WHERE IT WAS UNCLEAR IF THEY WERE PAYING FOR WATER CAPACITY OR WASTEWATER CAPACITY THERE IS A PARAGRAPH WHERE HE SAID RESERVATION OF WASTEWATER BUT THAT IT REFERRED TO THE WASTEWATER TREATMENT PLANT, IS THAT SOMETHING THAT CAN BE CLEANED UP OR YOU'RE WORKING ON

IT. >> WE CLEANED IT UP AND SENT IT TO BE GIVEN TO COUNCIL BEFORE THE MEETING.

>> WAS WAS NOT WHETHER THE E-MAIL.

>> I HAD THE SAME REQUEST I DID NOT GET THE E-MAIL THIS AFTERNOON. MY OTHER QUESTION, THANK YOU FOR GETTING THIS TOGETHER BECAUSE IT'S TIMELY AND AS WE GO OFF IN THE FEE THAT WE ARE GOING TO CHARGE ESPECIALLY IF YOU CAN ALLOW L UES FROM A RECHARGE AGREEMENT AND WHAT WE ARE

[01:05:11]

CHARGING AND HOLD THAT WATER IN 25 OR 26.

>> OTHER QUESTIONS? I'VE GOT ONE.

YOU SAID IF THE DEVELOPER WALKS AWAY FROM THE PROJECT THEY GET

REFUNDED THEIR MONEY. >> THE IMPACT FEES NOT THE

RESERVATION FEES. >> RESERVATION IS ON THE

REFUNDABLE. >> ANY OTHER QUESTIONS.

>> I DID NOT SEE A PROVISION FOR WHERE THE MONEY GOES.

THERE ISN'T ONE HERE THAT I MISSED, RIGHT?

>> I DID NOT TRY TO WRITE IT INTO THE POLICY.

>> YOU HAVE THIS EXTREMELY FAST. I WANT TO MAKE SURE I DID NOT

MISS IT. >> IF I MIGHT, THERE'S ONE ASPECT I'M NOT SURE I WANT TO BRING IT UP SO COUNCIL CAN DISCUSS IT DURING YOUR MOTIONS. IF WORKING TO GO DOWN THE PATH OF REQUIRING THE RESERVATION FEE WHICH IS EFFECTIVELY A PASTOR BECAUSE WERE PAYING A RESERVATION FEE FOR THE FUTURE WATER THAT THE SCR IS BEING PUT AGAINST AND WERE GOING TO REQUIRE THE PREPAYMENT OF IMPACT FEES, HOW DOES THE DEVELOPER COME INTO DETERMINE THE COST OF RUNNING LINES TO THEIR DEVELOPMENT WHICH IS WHAT THE SCR PROCESSES FOR IF I HAVE TO PREPAY AT MY IMPACT FEES TO ASK A QUESTION IN THIS IS THE WAY TO TACKLE THE COUNCIL INTENDED. TO ME THERE'S A DEFINITIVE DIFFERENCE THAT I HAVE AN SCR AND I WANTED TO STAY IN THE HOPPER AND MAYBE THAT'S A RESERVATION FEE AND MAYBE I HAVE AN SCR I WANTED TO STAY IN THE HOPPER AND THE LEDS FIRST AND THEN PAY IMPACT FEES, SOMETHING TO THAT EFFECT THAT IS WORTH DISCUSSING. I DON'T WHAT TO MAKE IT THAT THE DEVELOPMENT COMMUNITY IS NOT WILLING TO DO AS SEARS BECAUSE WE CAN ASK THEM TO CUT US OFF A MILLION DOLLAR CHECK TO PREPAY EVERYTHING, THAT'S WHAT I DON'T WANT TO HAVE TO HAVE HAPPEN.

>> IS THERE A WAY TO STRUCTURE IT SO THE FEE IS TIED TO THE APPROVAL OF THE SCR, NOT THE REQUEST AND BASICALLY HERE'S WHAT WE CAN IMPROVE IF YOU WANT TO GO THROUGH THE APPROVAL

PROCESS. >> I CERTAINLY DO AND THAT'S WHY WANT TO BRING IT UP I DON'T WANT TO CREATE A PROBLEM TRYING TO SOLVE A PROBLEM. I THINK THE QUESTION HAS TO BE ASKED WERE THE ONES THAT CONTROL THE MODELS.

THE DEVELOPERS HAVE TO ASK US TO ANSWER THE QUESTION, WE ANSWER THE QUESTION IN THE NEXT STEP AND I WANT TO FORMALIZE THAT IN THE CITY AND THAT'S WHEN HE HAS TO CUT A CHECK AND PAY IN THERE TO WATER PROJECTS AND FUTURE THAT WE HAVE CONTRACTS FOR.

THERE ARE NUMBER OF LU EASE TO DELIVER AND ONCE THOSE ARE GONE WE START WALKING DOWN AND WE START LOCKING NUMBERS DOWN FOR THE SECOND WATER PROJECT. THEN ANOTHER PROBLEM ARISES.

THAT IS SET BY PLOT THERE HAS TO BE A TRUE PROVISION OF WHATEVER THEY PUT DOWN WITH TODAY'S RATES BUT AT THE TIME THAT THEY PLOT THAT'S WHEN THE IMPACT FEES WOULD BE ASSESSED AND THERE WILL BE AN AMOUNT OF POTENTIAL MONEY DUE BECAUSE IMPACT FEES DON'T GO DOWN THEY GO UP AND TRYING TO GET THIS BACK TO COUNCIL IN THE SHORT PERIOD OF TIME AND I'M PLEASED WITH THE WORK THAT WAS DONE AND NOW PULLED TOGETHER IN THE DIVISION OF IT.

>> WE WILL ENTERTAIN A MOTION. >> I HAVE ANOTHER QUESTION BASED ON INFORMATION THE CITY MANAGER PROVIDED.

MY ASSUMPTION WAS THEY WOULD NOT PAY A RESERVATION FEE UNTIL THEY WALKED IN, AM I NOT READING THAT RIGHT?

>> THAT WAS MY INTENTION I DON'T KNOW IF I WROTE THAT INTO THE

POLICY VERY RAPIDLY. >> THAT WAS IN SIX MONTHS OF THE EFFECTIVE DATE OF THE APPROVAL THEY HAVE TO PAY.

>> WE CAN ASK QUESTIONS AND THEN WE CAN DISCUSS AND DOESN'T MEAN YOU HAVE TO VOTE FOR THE MOTION IT JUST MEANS --

>> MY QUESTION TO MATT I THOUGHT IT WAS EARLY HANDLE THAT WAY

[01:10:01]

BECAUSE THIS IS WITHIN SIX MONTH OF THE EFFECTIVE DATE OF THE APPROVAL OF THE SCR THE HAVE TO PAY THE RESERVATION.

AT THAT POINT THEY CAN SAY NEVERMIND AND THEY WOULD PAY IT IN THE SCR WOULD BE TORN UP EVEN WITHOUT.

OF TIME. IT SAID THE APPLICANT WOULD PREPAY 100% OF THE APPLICANT FEES UPFRONT PRIOR TO THE FINAL PLAT. UPFRONT PRIOR TO THE PLAT OR EARLIER REQUIRED CONSTRUCTION CAPITAL IMPROVEMENT.

AND THE DISCUSSION. I THINK WE HAVE THE LANGUAGE THERE AND PAID BEFORE THE FINAL PLAT.

AND THEY IMMEDIATELY HAVE TO PUT THE FULL IMPACT FEE THERE, 100% HAS TO BE PAID BEFORE FINAL PLAT AND WE NEED TO BE SOONER BECAUSE OF WHAT THEY NEED TO BE IN THE NEW PIPELINE OFF-SITE OR SOMETHING, THAT WOULD TRIGGER OUR SOLE DISCRETION THAT WE NEEDED TO BE SOONER. IF THEY'RE NOT OKAY WITH THAT, THEY CAN WALK AWAY FROM THE PROJECT AT THAT POINT IN ITS EARLY IN THE POLICY THAT WERE EXPECTED TO GET 100% PREPAY THAT

WAS MY THOUGHT. >> I'M ASKING.

>> THAT WAS MY INTENTION TO MAKE THE RESERVATION DUE AFTER COUNCIL EXCEPT THE SCR THROUGH MUNICIPAL SERVICES AGREEMENT.

IN TWO REQUIRE THE PAYMENT OF IMPACT FEES PRIOR TO THE PLAT AND DEPENDING ON THE SITUATION AS DESCRIBED, THEN COUNCIL WOULD HAVE THEORETICALLY SAYING WE NEED IT SOONER BECAUSE HAVE TO CONSTRUCT THIS OTHER IMPROVEMENT IN ORDER TO SERVE YOUR PROJECT.

AND I TRIED TO GIVE YOU THE CITY DISCRETION WHENEVER THE POLICY

THAT WAS MY INTENTION. >> FROM THE STAFF PERFECTION.

GENERALLY THE DEVELOPMENT PROCESS WORKS LIKE THIS.

SOME OF YOU ARE WAY MORE FAMILIAR THAN OTHERS, THIS IS ALSO FOR THE PUBLIC AND SOMEBODY WANTS TO DEVELOP THE PROPERTY THEY COME IN AND TRY TO DO THEIR DUE DILIGENCE, PART OF THE DUE DILIGENCE WHAT'S IT GOING TO COST FOR ME TO GET UTILITIES FOR THIS PARCEL, CANOPY SERVED INTO WHAT INTENSITY, THE ASSETS QUESTIONS AND THAT'S THE SERVICE EXTENSION REQUEST THE SCR IS ALL ABOUT. ANSWERING THE QUESTION, THIS IS HOW MUCH IT WILL COST THIS IS THE IMPROVEMENTS THAT YOU WILL HAVE TO DO AND ENOUGH CAPACITY TO SERVE YOUR PROJECT.

THAT IS USUALLY THE DUE DILIGENCE ASPECT.

BUT THEN I GET THE QUESTION EVERY SO OFTEN FROM DEVELOPERS I

WANT TO RESERVE THAT CAPACITY. >> THE MOMENT THAT I TELL THEM THEY HAVE TO PREPAY IMPACT FEES THAT I WANT TO RESERVE CAPACITY STOPS IN GENERALLY I WOULD ASSUME THAT IS BECAUSE IF IT'S A NEIGHBORHOOD OF THOUSANDS LU EASE THAT'S A VERY BIG NUMBER THAT THEY HAVE TO CUT A CHECK FOR EVEN IF THEY CLOSED ON THE LAND OR HAD FINANCING ARRANGER AND NUMBER OF THINGS.

AND I'M SURE THE RESERVATION OF LU E STOPS THE PREPAID IMPACT FEES. I WAS NOT 100% CLEAR ON WHAT COUNCIL'S INTENT WAS BUT I WAS FAIRLY CLEAR THAT COUNCIL WAS WANTING TO MATCH UP THE NEW RESERVATION THAT WERE HAVING TO PAY FOR FOR THE TWO NEW WATER PROJECT.

AND WERE SURE WE INCLUDED THAT COMPONENT.

WHAT WE WEREN'T CLEAR ON IF COUNCIL WAS WANTED THE PREPAYMENT OF LU EASE TO BE INCLUDED TO KEEP YOUR PLACE IN LINE. I HOPE YOU WILL DISCUSS AND TONIGHT NOT BY ANY MEANS BUT IT DOES MAKE A DIFFERENCE AND I PERSONALLY THINK IF YOU START TO REQUIRE THE PAYMENT OF IMPACT FEES IN ORDER TO GET LETTERS WILL SERVE IF YOU WILL I THINK THERE WILL BE A MASSIVE AMOUNT OF OPPOSITION FROM THE DEVELOPMENT COMMUNITY. I WOULD ASSUME.

>> I'M GETTING LOST. HELP ME UNDERSTAND THE DIFFERENCE. IF I WAS IN SUPPORT OF THIS LAST WEEK IT WAS ALL ABOUT THE CITY THAT'S HAVING TO PAY A RESERVATION FEE TO RESERVE WATER AND I WOULD LIKE TO PASS THAT ALONG TO THE DEVELOPERS. AND I WOULD LIKE THEM TO PAY THE RESERVATION FEE SO WE DON'T HAVE TO PUT IT ONTO THE EXISTING CITIZENS, THEY CAN HELP PAY FOR THAT.

I DON'T REALLY UNDERSTAND WHERE THE IMPACT FEE COMES IN AND WHY

[01:15:02]

THAT IS A PART OF THE DISCUSSION.

I THOUGHT IT WAS ONLY ABOUT RESERVING LU EASE AND WHY ARE

IMPACT FEES PART OF THIS. >> I THINK IT WAS NOT CLEAR, THIS IS SOMETHING THAT WE TURNED AROUND IN SEVEN DAYS.

I DON'T THINK IT WAS CLEAR THAT THE COUNCIL INTENDED IMPACT FEES WHICH IS WHY I'M FORGET IT UP FOR YOU TO DISCUSS.

IF THAT IS NOT THE COUNCILS WILL AND THE WILL IS TO AFFECT THE RATE THAT WERE PAYING FOR THE WATER RESERVATION RATES THEN YOU HAVE A PROPOSITION THAT HAS BOTH ITEMS INCLUDED, YOU CAN BUY MOTION, DELAY OR STRIP AT THE OTHER COMPONENTS AND ONLY STICK WITH THE PART THAT IS CALCULATED OFF OF THE RATE.

IF SOMEONE DOES WANT TO LOCK-IN AND RESERVE WATER CAPACITY AND SAY I WANT TO BE FIRST IN LINE I'VE ALWAYS HAD THE ASPECT THAT THEY CAN PAY IMPACT FEES, I'VE NEVER HAD SOMEBODY TAKE ME UP ON IT BUT IT'S WAYS BEEN A LOT TO THEM.

AND I DON'T KNOW THAT I NEED A SPECIFIC POLICY AND IT DEVELOPERS THAT COMES IN WITH THE AGREEMENT AND PREPAY MY IMPACT FEES AND I'M FIRST IN LINE FOR THE NEW WATER THEY COULD DO THAT COUNCIL COULD SEE THAT AND ACCEPT IT.

>> THE FIRST PART I WANT TO RESERVE AND PAY RESERVATION FEE.

>> ARE ALSO CONNECTED PREPAY YOUR IMPACT FEES.

>> IS THE REASON THE FIRST ONLINE STUFF DOES NOT MATTER SO YOU HAVE A TIME STAMP OF WHEN THE SCR CAME THROUGH SO WE KNEW WHO WAS BEFORE WHO BUT NOT EVERYBODY'S PROJECT MOVES FORWARD AT THE SAME TIME. JUST BECAUSE THE SCR CAME IN AND THE PARTICULAR ORDER SOMEONE WAY DOWN THE LIST THAT HAD A LOT OF CAPACITY THEY MIGHT WANT TO GO FIRST SO THERE MIGHT BE REASONS WHERE OTHER PEOPLE WOULD RESERVE THE CAPACITY TO GUARANTEE THAT THEY GET THERE L LU OUT OF THE MARKET THEY WILL FOR NEW PEOPLE WHO ARE CONNECTING THAT IS THE REASON YOU WOULD DO THAT AND YOU WOULDN'T KEEP IN A DATE TIMELINE AND SAY FIRST IN LINE BECAUSE THEY DON'T USUALLY MOVE IN THE SAME ORDER IN WHICH THEY COME

THROUGH TO GET APPROVALS. >> TO THE CITY MANAGER'S POINT, WHEN I GOT HERE IN JANUARY WITH A BACKLOG OF SCR'S.

SINCE I'VE BEEN HERE WE'VE DONE 50 SCR'S, WE'VE DONE 50 OUT THERE. OF THE 50 COUNCIL HAS APPROVED 19 OF THEM, THE FIRST ONE THAT WENT OUT AS NOT BEEN APPROVED YET THE PROJECT HAS NOT COME BACK TO TALK TO US ANYMORE, I THINK THAT'S THE POINT THE CITY MANAGER WAS MAKING BECAUSE THEY WERE THE FIRST ONE IN AND THE FIRST ONE OUT AND I THINK THEY'RE GETTING GET THE ONES THAT ARE FIRST IN LINE.

>> OTHER QUESTIONS? >> AS WRITTEN PREPAID 100% OF IMPACT FEE FOR EACH DEVELOPMENT UPFRONT FINAL PLAT.

LIKE A PRE-PLAT NUMBER. >> I CAN ANSWER THAT FOR YOU.

>> IF YOU ARE DEVELOPING IN PHASES YOU HAVE A PULMONARY PLOT FIRST. THEN EACH PHASE AS YOU DO THE IMPROVEMENT OF PUBLIC IMPROVEMENT THEN YOU COMPLETE THOSE INTO SUBMIT THEM TO THE CITY FOR ACCEPTANCE AND THE CITY ACCEPTANCE ACCEPTS THEM THEN YOU COMPLETE YOUR PLAT OR THAT AREA YOU CAN FINAL PLAT THAT AREA. IN A BIG DEVELOPMENT YOU'RE GOING TO KNOW WHAT THE LOCK COUNT IS FROM THE PULMONARY AND SHOULD THEY CHANGE IT WILL STILL CHANGE BEFORE THE FINAL PERIOD IT SHOWS ONE PARCEL THAT'S GOING STRAIGHT TO PLOTTING THE KNOCKING A PRELIMINARY PLAT THEY'RE JUST GOING TO PLAT.

AND THAT'S ONLY DIFFERENCE YOU SHOULD KNOW THE CAPACITY AND LUES AND THOSE SORTS OF THINGS IN THE EXCEPTION I CAN SEE TO THAT A COMMERCIAL PIECE OF PROPERTY I SET THE FEE FOR THAT DAY THAT I PLAT BUT I DON'T KNOW LU E UNTIL I GET AN END-USER BECAUSE I DON'T KNOW MY END-USER.

I JUST HAVE ZONING IN A PARCEL. WHEN YOU'RE DEALING WITH COMMERCIAL NOT RESIDENTIAL LOTS. THE NUMBER OF VALUE EASE IS UNKNOWN UNTIL THE SITE PLAN AND THAT'S WHEN YOU KNOW THE NUMBER

OF LUES FOR COMMERCIAL. >> THAT MAKES SENSE.

[01:20:11]

>> IS THIS ONE OR TWO. >> ONE IT IS A POLICY.

>> I MAKE A MOTION TO APPROVE AS PRESENTED I WANT TO TALK AT A

HOBBY QUESTIONS. >> SECOND.

>> OF MOTION AND THE SECOND BY MAYOR PRO TEM GORDON.

>> I THINK WERE OVERTHINKING THIS LITTLE BIT.

I THINK WE NEED TO LOOK AT JONAH FOR HOW THEY DO IT IN THE PROJECT MANAGER WILL KILL ME FOR TRYING TO DISSECT THIS BUT ESSENTIALLY YOU WALK-IN WANT TO BUILD 500 APARTMENTS I NEED TO ENTER 50 LUES OF WHATEVER. YOU GUYS ARE GOING TO SAY HERE'S HOW MUCH IT COST TO RESERVE THE WATER AND HERE'S HOW MUCH LUES ARE THE IMPACT FEES AND THE WAY I REMEMBER THE AGREEMENT YOU PAY HALF THAT PLAT NO PLAT AND YOU PAY HALF WHEN YOU START USING IT. AND THE MONEY IS NOT REFUNDABLE, IMPACT FEES OR RESERVATION IT'S A LOT LESS TIRE KICK AND I WANT TO PLAT THIS TO HAVE A SHOPPING CENTER BUT I DON'T KNOW WHAT I'M GOING TO DO YET. THOSE PEOPLE DON'T DO THAT THEREAFTER, AND IF THEY WANT TO GUARANTEE WATER.

THE REST OF THE WORLD WAS SERVED WITH LETTERS, THERE IS NO, IF IT WAS ME I WOULD BE DOING AND SCR IN THE BOTTOM CANNOT SERVE AND WHAT ARE THE REQUIREMENTS YOU HAVE TO HAVE THE WATER RESERVATION AND CAPACITY AGREEMENT SIGNED AND EXECUTED AND APPROVED BY THE CITY COUNCIL.

I CAN TELL YOU THAT IS HOW THE REST OF THE WORLD GOES, DEVELOPERS DON'T LIKE IT BUT YOU KNOW WHO LIKES IS A RIGHT PEERS.

TO ME IT GUARANTEES THINGS, ONE THINGS DEVELOPERS DON'T HAVE, THEY DON'T HAVE ASSURANCE FROM THE CITY GOVERNMENT AND MOST OF THEM WOULD RATHER PAY MONEY TODAY AND HAVE A GUARANTEED THEN HAVE A CITY SAY OR OTHER MUNICIPALITIES SAY YOU SHOULD BE GOOD TO GO IN THREE YEARS AND FIGURE BY $5 MILLION OF LAND THAT WILL GET YOU IN TROUBLE. IF THEY KNOW THAT THEY SPEND 5 MILLION ON LAND AND 800,000 ON RESERVATIONS AND IMPACT FEES, THEY KNOW WHAT THEIR COST OR ITS FINAL PLAT SO IT'S ALL LOCKED-IN THE CHANGES I WOULD DO IIIA I WOULD MAKE IT THE NON- REIMBURSABLE WATER RESERVATION FEE FOR ALL YOU LEDS WILL BE DUE AND PAYABLE WITHIN 30 DAYS OF THE EFFECTIVE DATE I WOULD NOT DO SIX-MONTH PERIOD EITHER YOU WANT IT OR YOU DON'T, THE WATERS ONLY GOING TO GET TIGHTER. SEE, ALL UNUSED LUES ON THE THIRD ANNIVERSARY ARE NO LONGER RESERVE YOU HAVE THREE YEARS TO USE THEM AND IF YOU DO NOT USE THEM ON WHATEVER THROUGH TO 65 TIMES THREE THEN THEY'RE GONE, THE OTHER YEAR CREATES IN MY ESTIMATION THE GAP WERE SOMEONE WILL COME AND ARGUE I STILL GOT IT BECAUSE I THINK WE WILL RUN OUT OF WATER.

MAYBE I'M WRONG AND I LIKE TO BE WRONG A LOT MORE THAN PEOPLE THINK BUT DOING IT THAT WAY GUARANTEES PEOPLE AND AT LEAST WE CAN SAY ALL OF OUR WATER IS SPOKEN FOR BUT IT'S ALL PAY FOR ALSO THAT WOULD BE A GREAT PROBLEM TO HAVE.

FIVE AND SIX I WOULD MAKE AS AN EITHER OR BECAUSE IT SOUNDS LIKE IT'S ONE OF THE OTHER YOUR ACCEPTING PAYMENT FUNDING THE CAPITAL PROJECTS, EITHER WERE ALREADY ON TIME.

SEVEN, EIGHT, NINE I DON'T THINK THERE'S A QUANTIFIABLE AND THE INTENT IS NOT CLEAR WHY WE COMBINE THEM ALTOGETHER AND ONE

STATEMENT. >> ON THE AGREEMENT.

>> IT SEEMS A LITTLE BIT REDUNDANT TO HAVE THE SAME

SENTENCE STARTED OFF WITH. >> LIMITATIONS THE APPLICANT MUST EXECUTE THE SEWER FACILITY AGREEMENT WITHIN 24 MONTHS, SIX MONTHS IS PLENTY ANOTHER THING IF YOU LOOK AT JONAH THEY CHARGE YOU THREE WAYS YOU GET IN SCR AND THEY TELL YOU YOU HAVE TO BUILD 2 MILLION ABOVE GROUND WATER TANK AND A 24-INCH WATER LINE, PUMP INJURE LUES ARE GOING TO BE 2.5% OF THE COST AND YOU HAVE TO WRITE A CHECK FOR 2.5% OF THE CAPITAL COST AND THEN YOU HAVE TO PAY IMPACT FEES SO THEY DON'T HAVE A WATER RESERVATION YOU'RE BASICALLY PAYING FOR EVERYTHING AND YOU HAVE IT OUT PLAT IN HALF WHEN YOU WANT TO GET IT YOU'RE TALKING SUBSTANTIAL MONEY BUT IT MAKES PEOPLE YOU ARE THERE TO PLAY BALL AND DEVELOP A CUTS THEM OUT FROM THE PEOPLE ARE BUYING LAND SPECULATING AND COMING BEFORE COUNCIL TRYING TO GET ENTITLED SO THEY CAN COME BACK AND THROW SOMETHING ELSE ON THEIR YOU HAVE TO HAVE A REAL PLAN AND A REAL DEAL RL MONEY AND IF YOU DON'T DO IT THEY TELL YOU SORRY MOVE ON DOWN

[01:25:01]

THE ROAD THEY HAVE ENOUGH GROWTH AND ENOUGH PROBLEMS IF IT DOES SLOW US DOWN IS NOT NECESSARILY A BAD THING IF WE HAVE GUARANTEE PROJECTS COMING IN AND IF THEY DON'T AND THE PEOPLE LEAVE AND THEY SELL IT THE NEW PERSON GETS TO PAY SOME OF THE FEE LIKE JONAH ALLOWS YOU TO TRANSFER IF YOU HAVE 200 LUES YOU CAN TRANSFER. I THINK THERE IS SOMETHING THAT WE CAN BUT NO DOUBT IN SOME PEOPLE WILL BELLYACHE AND THAT I HAVE C-2 ZONING WITH UTILITIES BUT THEY DON'T HAVE A PLAN OR FINANCING IN PLACE AND DOING THIS RIGHT.

>> I AGREE WITH THE MAYOR ON IIIA I FEEL LIKE THAT IS A LONG BIT OF TIME 30 DAYS I THINK THAT WOULD BE SUITABLE IF YOU SCROLL DOWN ON THE CONTRACT ON NUMBER SIX IF IT DOESN'T OBTAIN THE WATER CAPACITY IN THE CONTRACT IS THERE A TIME LIMIT THAT WE CAN PUT ON THEIR SO IT'S NOT VAGUE THAT THEY DIDN'T PROVIDE IT A WEEK OR A MONTH IS THERE A TIME FRAME THAT WE CAN PUT ON THERE TO HOLD HERSELF ACCOUNTABLE IN THE DISCREPANCY THAT I HAD TO WAIT THIS LONG GET INVOLVED TIME AND REFUNDED THE X AMOUNT OF DOLLARS I THINK TO THE MAYOR'S POINT IT WOULD HELP US

TO BUTTON IT UP A LITTLE BIT. >> I WORK WITH THE CITY ATTORNEY TO ADJUST THE FORM AGREEMENT. I FEEL LIKE THERE IS A LITTLE BIT OF A DIFFERENCE OR BECAUSE YOU INDICATED THAT WE WOULD DO SOME REFUNDS AND IT SOUNDED LIKE THE MAYOR WAS SAYING WE WOULD NOT DO REFUNDS. I WANT TO CLARIFY AT THAT POINT.

>> WHAT I'M SAYING IN SIX I FEEL LIKE THERE'S A TIMEFRAME THAT NEEDS TO BE ESTABLISHED IN ORDER TO MAKE SURE IN THE FAST ONE

BEING PULLED OVER US. >> THANK YOU.

>> BACK TO POINT NUMBER SIX THIS IS THE FORM AGREEMENT BECAUSE EVERY PROJECT IS GOING TO HAVE WHEN THEY NEEDED THEIR WATER RESERVE SO WE HAVE TWO PHASES YOU CANNOT PUT A SINGLE DATE. WE WANT TO MAKE A POLICY IN PLACE GOING FORWARD SO RIGHT NOW WE HAVE TWO RESERVATION TIME FRAMES THAT ARE COMING FORWARD YOU DON'T KNOW WHICH ONE THEIR PARTICULAR PROJECT WOULD APPLY FOR AND IN FIVE YEARS WE MAY HAVE ANOTHER ONE THAT WE NEGOTIATED WITH.

>> CAN I MAKE A COMMENT THE WAY WE WROTE THE RESOLUTION IS TO GIVE THE CITY MANAGER TO SIGN THE AGREEMENTS SO THAT ALL UNIFORM. WHAT I HEARD COUNCIL SAY YOU WANT TO SEE THESE COME BACK TO COUNCIL FOR APPROVAL SO WE NEED TO CHANGE SO THEY'RE KNOCKING TO BE STANDARDIZE SO WE WOULD KNOW WHAT THE TIMEFRAME IS AS FAR AS LOOKING AT THE PROJECT AND

WORKING WITH THE DEVELOPER. >> WE CAN KNOW WHAT THE TIMEFRAME IS OF WHEN CONTRACTUALLY WERE SUPPOSED TO RECEIVE WATER WHICH IS WHAT I THINK THIS IS SPEAKING TO.

REGARDLESS OF WHEN THEY SIGN. >> WHAT I'M HEARING THEM SAY THE DEVELOPER IS GOING TO SAY I'M GOOD TO BE READY TO GO AND EVERYTHING WILL BE DONE ON X DATE AND WERE STILL AGREED UPON WITH HER WATER RESERVATION. TO MARY THOSE TIMES UP.

>> SIX SPECIFIC THE CITY DOES NOT OBTAIN WATER CAPACITY AS PER

THE CONTRACT. >> THEN WE WOULD REFUNDED.

>> WE CAN PUT THE DATE OF WHEN WE WOULD EXPECT TO RECEIVE THE WATER. FOR TALKING ABOUT THAT'S WHAT I WAS THINKING RATHER THAN SOMETHING TO DO WITH WHO THE SCR

REQUESTER IS. >> AT THE END OF THE DAY WERE BRINGING BACK EVERYTHING TO COUNCIL FOR APPROVAL SO ANY DETAILS WOULD BE WORKED OUT WE WOULDN'T REALLY HAVE OR GIVE THE CITY MANAGER TO SIGN THE FORM AGREEMENT WITH THE BASIS OF THEIR AGREEMENT WITH THE DEVELOPER WE HAD TO PUT IT ON THERE TO ADDRESS THE PROJECT AND WILL BE BROUGHT BACK AND EXPLAINED TO COUNCIL IN THE AGREEMENT.

>> MAYOR IS IT OKAY IF I RESPOND TO SOMETHING YOU SAID AND NOT EAT INTO THE COUNCIL MEMBERS TIME.

>> SURE. >> I BELIEVE THE WAY THAT YOU DESCRIBED IS SOMETHING VERY SIMILAR TO WHAT WE DO AND PAY THE HALF OF THE LU WE AT THE BEGINNING AND BALANCE IT OUT WHEN YOU GET YOUR FINAL PLAT OR WHEN YOU GET YOUR SITE PLAN

[01:30:03]

THAT'S WHEN YOU PAY YOUR IMPACT FEES AND THE DEVELOPER PAYS AND THE CITY IS PAYING AND RECAPTURING THAT THE COMPONENT AND IS GOING TO MAKE THIS COMPLICATED GOING FORWARD.

AND I PREPAY AN IMPACT FEE AND BUILD A PROJECT THAT THE IMPACT FEE IS ELIGIBLE I'M DOING IMPACT FEE CREDIT.

THAT WILL BE COMPLICATED IF WE'RE GOING TO STOP IN THE CITIES COULD YOU DO IT THEN IS NOT AS BIG OF A DEAL BUT GENERALLY WE HAVE TAKEN THE DEVELOPMENT AND IT PAYS ITS OWN WAY AND IT BUILDS THE INFRASTRUCTURE WHATEVER IT NEEDS IT. THIS COULD ALLOW US TO BUILD INFRASTRUCTURE WITH DEVELOPER DOLLARS PREPAID IMPACT FEES AND DEVELOPER WORLD WOULD DRIVE IT AND WHEN WE GET INTO A SITUATION WHERE THE DEVELOPER IS BUILDING AN IMPROVEMENT AND PREPAID IMPACT FEES THAT IMPROVEMENT IS ON THE IMPACT FEE SCHEDULE IS BUILT INTO COST WE WOULD OVER CREDIT BACK THAT IS AN IMPORTANT NEW WANTS TO UNDERSTAND ABOUT THE IMPACT FEES.

>> FOR MY COMMENTS FOR 3E THE MAYOR AND COUNCIL MEMBER SUGGESTED 30 DAYS. I WOULD LIKE TO SEE 90 DAYS, HALF SO THEY COULD GET THEIR FINANCING WERE ABOARD IF THEY HAVE TO GO THROUGH, MAYBE THAT'S JUST THE NEGOTIATION SIDE OF ME THINK ABOUT THAT I KNOW 30 DAYS YOUR WANTING TO DO 30 DAYS.

IF YOU WANT THE WATER YOU HAVE TO PUT THE MONEY UP RIGHT AWAY.

I UNDERSTAND THAT BUT ALSO AT THE SAME TIME IT CAN BE CHALLENGING TO JUMP THROUGH THE HOOPS.

I WOULD LOVE TO HEAR OTHER PEOPLE'S THOUGHTS MAYBE NOT SIX-MONTH FOR 30 DAYS MAYBE ANOTHER TIMEFRAME.

I ALSO AGREE WITH THE MAYOR STICKING WITHIN THE THREE YEARS OF NOT GIVING THEM THE FOURTH-YEAR LUES IN THE FOURTH-YEAR THERE NO LONGER RESERVED.

AND IT'S A HARD LINE FOR THEM. OF COURSE THE NONREFUNDABLE RESERVATION OF THE LUES THAT'S A DEFINITE WHAT THE POLICY IS FOR.

AND BEING WRITTEN AND PERFECTED AND IMPLEMENTED.

AND THE REFUNDABLE IMPACT FEE AND THAT'S ALSO GOING TO BE HUNDRED% PUT UP FRONT OBVIOUSLY I'M NOT THE DEVELOPMENT WORLD I'M NOT QUITE SURE HOW THIS ALL PLAYS.

CONFIGURABLE LARGE AMOUNTS OF MONEY AND BEING PUT INTO THE ESCROW ACCOUNT BEING HELD BY THE CITY AND I'M NOT TRYING TO SAY ANYTHING BAD BUT MORE MANAGEMENT OF MORE MONEY THAT IS JUST SITTING AND TELL IT IS TO BE USED IN MAKING SURE THAT MONEY IS HELD WELL AND TIGHTLY THAT IT DOESN'T GET TAPPED INTO IT SOMETHING ELSE FOR A FINANCIAL TEAM TO MAINTAIN AND I THINK THEY'RE CAPABLE OF DOING IT. IF IT'S GOING TO BE ANOTHER LARGE SUM OF MONEY FROM THE DEVELOPERS IT'S MONEY THAT MAY BE MOVED HERE AND YONDER BUT LIKE I SAID I DON'T WANT TO DISCOURAGE DEVELOPMENT BECAUSE OF REQUIRING THIS 100% OF THE IMPACT FEES UPFRONT. SO THAT'S WHERE I'M AT WITH

THINGS. >> COUNCIL MEMBER THORTON.

>> A LOT OF PEOPLE COVERED THIS. THE REFUNDS WE DON'T WANT TO REFUND THEM ANYTHING IF IT'S THEIR CHOICE AND IF WE COULD GET THE CAPACITY THAT WE THOUGHT WE WERE GOING TO GET.

WE NEED TO BE CAREFUL TO GIVE HERSELF SOME LEEWAY BECAUSE WE MAY HAVE A CONTRACT THIS IS WERE GETTING WATER BY JULY 1 OF WHATEVER YEAR AND IT MAY TURN OUT THAT WE DON'T GET IT UNTIL SEPTEMBER AND I DON'T KNOW IF WE SHOULD BE AUTOMATICALLY REFUNDING MONEY WE SHOULD HAVE A LITTLE BIT OF ROOM SO IN CASE SOME OF THE CONTRACTS COME THROUGH BUT LATER THAN EXPECTED WHICH UNFORTUNATELY HAPPENS THAT IT DOESN'T BLOW THE WHOLE THING

[01:35:03]

UP. I WOULD LIKE TO SEE US HANDLING AN ESCROW ACCOUNT IS FINE WHEN THE RESERVATION FEES BECOME FULLY IN CUSTODY OF THE CITY SOMETHING IN HERE SAYS THAT GOES TO THE UTILITY FUND BECAUSE THAT'S WHERE IT NEEDS TO GO.

I WOULD LIKE TO SEE THAT SPECIFICALLY ADDRESSED IN THE IMPACT FEES GO WHEREVER THE IMPACT FEES THEY ALREADY HAVE A HOME TO GO TO I THINK THAT WOULD BE NORMAL FOR THAT TO HAPPEN.

>> WHEN THERE NO LONGER ESCROWED IN THE REACH THAT POINT.

>> I AGREE WITH COUNCIL MEMBER KOLAR AND COUNCIL MEMBER THORTON WITH HIS EXCEPTION OF THE FEES I DON'T WANT TO SEE ANYTHING REFUNDED UNLESS IT'S OUR FAULT. I THOUGHT 30 DAYS WAS TOO SHORT.

I'M THINKING 60 DAYS OR 90 DAYS A LITTLE BIT LONGER IF THERE'S SERIOUS WE NEED TO BE SERIOUS AND GET MOVING.

I LIKE THE CHANGES. >> MAYOR PRO TEM.

>> I THINK EVERYONE HAS ASKED THE QUESTIONS WERE ANSWERED WHAT I HAVE MENTIONED SO WE DO HAVE A MOTION ON THE TABLE AND THE SECOND AND WE HAVE A BUNCH OF CHANGES WERE TO PROPOSE ARE WE GOING TO TRY TO RAM THEM IN OR DO WE WANT TO HAVE STAFF REDO IT

AND BRING IT BACK ANOTHER TIME. >> I THINK IT'S WORTH IT TO GIVE

SOME MORE TIME. >> REDO IT.

[SCREAMS] AS I UNDERSTAND THE PROTOCOLS, WE MAKE A MOTION TO DISCUSS AND I PLAN ON RESCINDING MY EMOTION BUT THE ONLY WAY TO GET THE TALK WAS TO MAKE THE MOTION I DON'T

KNOW OF ANY OTHER WAY. >> I WOULD BE FINE IF YOU RESEND IT. IT SOUNDS LIKE WE HAVE ENOUGH SUGGESTED CHANGES THAT IT WOULD BE WORTH TAKING TIME TO DO IT RIGHT INSTEAD OF RAMMING IT THROUGH TONIGHT.

>> ALL GO FOR SECOND MOMMY FINISH UP.

I WOULD TAKE OUT PARAGRAPH SIX ON THE WATER RESERVATION AGREEMENT, YOU GUYS ARE PROFESSIONALS AND ENGINEERS AND GETTING PAID BIG MONEY. A DEVELOPER WANTS TO KNOW RIGHT NOW I DON'T THANK YOU CAN GIVE ANYBODY IN SCR EXCEPT IS BECAUSE WE DON'T HAVE WATER CAPACITY. IF THE GROUP DETERMINES THAT THEY CAN FIGURE OUT WHAT THEY GOTTA FIGURE OUT AND WE KNOW FOR A FACT THAT WE WILL HAVE SOMETHING IN TWO YEARS THEN I THINK WE CAN HAVE WATER IN 28 MONTHS OR SOMETHING BUT YOU HAVE TO PUT A DATE AND PUT YOUR NAME TO IT IT BECAUSE HOW ELSE ARE OTHER PEOPLE SUPPOSED TO DO THEIR JOB IF WE DON'T KNOW EXACTLY AND WERE WORKING ON IT THERE GOING TO PAY MONEY FOR ASSURANCES AND THIS IS HOW THE OTHER BIG CITIES DO IT, THEY GIVE GUARANTEES, GIVE YOURSELF SOME ROOM SO WE DO HAVE A SPINE ROAD ISSUE BUT IF YOU THANK YOU HAVE WATER COMING IN AND THE CAPACITY THEN I THANK YOU TELL PEOPLE THAT THEY HAVE IT BUT RIGHT NOW I DON'T KNOW THAT WE HAVE CAPACITY TO GIVE.

IN MY OPINION WE SHOULD NOT BE ISSUING REQUEST WITH ONGOING NEGOTIATIONS THAT WERE WORKING ON YOU SHOULD HAVE WATER SOMETIME IN THE FUTURE WE SHOULD NOT BE DOING THAT I WOULD TAKE THAT OUT AND I WOULD LOOK AT JONAH AND FROM AN AGREEMENT THERE'S WATER TO BE HAD IN JU JULY 2025, THAT'S WHAT'S IN AN AGREEMENT THAT I SPECIFICALLY KNOW ABOUT SO PEOPLE MAKE DECISIONS BASED ON JULY 2025 IF YOU CANNOT PUT A NUMBER ON A PIECE OF PAPER THEN DON'T SEND A SERVE LETTER BECAUSE DEVELOPERS WANT CERTAINTY THEIR INVESTORS THEY DON'T WANT CITIES THROWING OUT NUMBERS. WE NEED A DATE 3A HERE'S WHAT WE NEED TO REMEMBER ARE PROPOSING 30 DAYS AT FINAL PLAT.

ONCE YOU'VE GONE TO FINAL PLAT YOU DON'T EVEN NEED 30 DAYS.

IN MY MIND FINAL PLAT YOU GET APPROVED ON A THURSDAY CHECK IS DUE BY FRIDAY AT THAT POINT IF YOU'RE PLOTTING ONE OF THE PROBLEMS PEOPLE PLOTTED STUFFER APARTMENTS 15 YEARS AGO AND NEVER BUILT THEM AND ALL OF A SUDDEN THE APARTMENT COMMUNITY GOT CRAZY AND WE HAVE APARTMENTS BLOWING UP AND WATER PEOPLE YELLING AT US WHY DID YOU KEEP IMPROVING APARTMENTS.

SOMEONE DID 15 YEARS AGO, THIS MAKES PEOPLE BE MORE REALISTIC AND FORGET TO DO AN APARTMENT COMMITTEE YET TO PAY SOME MONEY.

IF YOU DECIDE NOT TO DO IT YOU LOSE THE MONEY.

SOMEONE ELSE CAN TRANSFER AND HAVE THOSE RIGHTS AND MAYBE INCREASES THE VALUE OF THE PROPERTY AND MAYBE A DOZEN THERE IS THAT TIME THAT THEY HAVE TO BE, THE OTHER THING SOME OF THE SHOULD EXPIRE, THAT IS ANOTHER THING.

JONAH YOU DON'T JUST GET TO BYWATER TODAY AND USE IT 25 YEARS FROM NOW YOU BY THE WATER AND SAY YOU WILL BUILD 300 APARTMENTS YOU WERE NEGOTIATED WITH THEM THAT WILL HAVE IT DONE AT 36 MONTHS AND YOU MIGHT GET 48 MONTHS.

[01:40:02]

AT THE END OF FOUR YEARS IF YOU HAVE NOT USED IT IS GONE AND THE WAGE OF A CITY WHERE WERE PAYING FOR WATER BECAUSE THE WATER RESERVATION WILL BE DONE AND WERE PAYING FOR WATER WAITING FOR A DEVELOPER IN THE PROMISE AREA THAT WE'RE GOING TO BUILD USE THEM OR LOSE THEM IT IS A TOUGH WORLD BUT WERE GROWING SO FAST THAT THE PEOPLE WHO WANT TO BUILD WILL LIKE THIS IN THE PEOPLE TRYING TO INVEST GET LOCKED IN AT LOW PRICES AND WAIT FOR THE MARKET TO TURN AROUND THOSE OF THE GUYS AND LADIES THAT ARE KNOCKING LIKE THIS PLAN I'M OKAY WITH TIRE KICKERS NOT LIKING THE SYSTEM I WOULD RATHER MAKE IT WORK DEVELOPERS HAVE GUARANTEE DISTURBANCES OF WHAT'S GOING HAPPEN.

I WOULD LIKE TO TALK WITH BILL SINCE WE JUST RAISED WASTEWATER RATES TALK TO HIM AND SEE HIS AGREEMENT AS A NONNEGOTIABLE AGREEMENT. WE MAKE THE AGREEMENT AND WE AGREED TO IT AND YOU FILL-IN L UES AND THE DATE AND IF YOU DON'T LIKE IT THEN YOU BUILD SOMEWHERE ELSE AND THAT'S HOW JONAH IS A GIANT WATER SYSTEM AND THAT'S AUSTIN THE GROWTH IS TOO STRONG TO HAVE ALL OF HER TIME NEGOTIATED WHEN WE NEGOTIATE WE NEGOTIATE AGAINST OURSELVES AND THE CITIZENS AND SAY HERE'S THE AGREEMENT, YOU CAN WRITE THE CHECK ASHLEY IS HAPPY TO TAKE IT WHOEVER WHENEVER YOU'RE READY AND YOU LEAVE IT THAT'S WHAT I WOULD FINISH OUT WITH.

WERE IN A UNIQUE OPPORTUNITY. >> FOR MY SECOND TIME THE ONLY COUPLE OF THINGS THAT I HAD FINALLY WAS YOU MENTIONED IT'S ONLY THREE YEARS, YOU ALREADY TALKED ABOUT THAT AND ANNUAL NON- REVERSIBLE PAYMENT I DON'T THINK IT SHOULD BE A FINAL PLAT.

THEY NEED TO DO THE RESERVATION FEE FROM THE BEGINNING WITHIN 60 DAYS OF THE WATER RESERVATION FEE.

WE WANT TO COLLECT BECAUSE WHEN I HAVE WATER UNTIL 25 BUT IF SOMEBODY SAYS I WANT TO RESERVE THIS I KNOW I WON'T BREAK GROUND UNTIL 25 AND I WANT TO PAY THAT WE'RE GOING TO PAY FOR THE WATER RESERVATION STARTING NOW ALSO. I DON'T WANT TO SLOW DOWN GETTING THE MONEY BACK SO THE CURRENT RATEPAYERS ARE NOT PAYING NOT. FOR THE IMPACT FEES AND ALL THOSE OTHER THINGS I AGREE THOSE STATE FINAL PLAT I DON'T THANK YOU NEED THE 100% PREPAID IN THE AGREEMENT IT NEEDS TO BE IF YOU WANT TO GO TO THE FRONT OF LINE YOU WANT TO PREPAY EVERYTHING BUT THEN THERE NEEDS TO BE TEETH THAT THEY CAN'T PREPAY KNOWING THE RESERVE UNIT AND THEN THEY STOP AND DROP.

>> I AGREE THE FOURTH-YEAR THEY WOULD GO TO THE THREE YEARS AND 60 DAYS THAT'S WHAT I WOULD LIKE TO SEE BACK.

>> ANYONE ELSE? >> I WAS A THREE YEARS AND 60

DAYS. >> 60 DAYS FOR THE RESERVATION?

>> 60 DAYS. >> I'LL RESEND MY MOTION.

>> IS ANY OTHER ACTION ANYONE WISHES TO TAKE?

>> ARE WE GIVING DIRECTION THE FIRST MEETING ENGINEERING?

>> WE CAN I HOPE THAT WOULD BE SOON I DON'T WANT THE DEVELOPER

[8.4. Consideration and possible action approving Resolution No. R-2023-342 approving the First Amendment to the Second Amendment to the Durango Farms Development Agreement (Matt Rector)]

WAITING. ITEM 8.4 CONSIDERATION OF A POSSIBLE ACTION OF RESOLUTION ARE DASHED 2023/FOUR DASHED TO APPROVING THE FIRST AMENDMENT TO THE SECOND AMENDMENT TO THE DRAIN WALL FARMS DEVELOPMENT AGREEMENT.

>> MAYOR AND COUNCIL, THIS ITEM IS ACTUALLY A MULTIPRONGED ITEM LAST WEEK YOU HAD THE FIRST READING OF THE HUD AMENDMENT FOR THIS PROJECT THE OTHER ITEMS THAT WERE ON THE TABLE WITH THE DEVELOPER WAS TO UPDATE THE PED SO WE COULD OPEN IT UP IN THE CITY ATTORNEY JUMP IN IF I'M WRONG THE.

THE WAY IT WAS INTERPRETED THAT THE COMMUNITY BENEFIT FEE HAD TO BE USED WITHIN THE BOUNDARIES SO THEY AGREED TO REMOVE THAT SO WE CAN USE ANOTHER PLACES AND AT THE SAME TIME A TRANSPORTATION IMPACT FEE CREDIT WITH THEM SO WE GONE THROUGH MULTIPLE BACK AND FORTH ON THAT PROCESS SO THIS ITEM GRANTS THEM A CREDIT ON THE TRANSPORTATION IMPACT FEES OF $281,099 AND THAT'S RELATED TO THE WORK THAT THEY DID ON FM 1660 WHICH IS PART OF

[01:45:01]

THE MOBILITY MASTER PLAN WHICH WAS INCLUDED IN PART OF THE TIF CALCULATION IS ELIGIBLE FOR CREDIT.

WITH THAT I WILL ANSWER ANY QUESTIONS.

>> WILL OPEN IT UP FOR QUESTIONS FOR COUNCIL.

>> ANY QUESTIONS FOR MATT? >> ONE QUESTION IF I WAS LOOKING FOR SOMETHING, THIS SOLVES THE THING THAT WE'VE BEEN WORKING ON WITH THE AGREEMENT OVER THE PAGE FEE IF WE PASS ASIDE AND WERE

HERE? >> YES.

>> ANY OTHER QUESTIONS? >> TO FOLLOW UP WITH WHAT THE MAYOR ASKED THEY ARE GETTING IMPACT THE CREDITED 300,000, 299 AND FOR THE CITY TO USE AND OPEN UP 1.84 OUTSIDE THE BOUNDARIES

OF DURANGO FARMS. >> COUNCIL MEMBER I WILL ANSWER THAT A SLIGHTLY DIFFERENT WAY. THEY ARE ELIGIBLE FOR 289,000 AND IMPACT FEES FOR THE WORK THAT THEY DID ON THE ROAD THAT IS IN THE TRAFFIC IMPACT FEE SCHEDULE.

IN ADDITION TO LOCKING IN THAT FEE CREDIT TO THEM THERE ALSO AGREEING TO RELEASE THE REQUIREMENT THAT THE COMMUNITY BENEFIT FEE BE PAID ON PROJECTS ONLY WITHIN THE BOUNDARIES OF DURANGO. IT'S NOT THAT WERE GIVING THE MONEY IN ORDER TO GET MONEY BUT THERE ELIGIBLE FOR THE IMPACT FEE CREDIT PREDICTED 281, 289 TO 1.8 MILLION ON THE OTHER SIDE.

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE R-2023-342 AS

PRESENTED. >> A MOTION BY COUNCILMAN CLARK,

DO WE HAVE A SECOND. >> SECOND BY COUNCIL MEMBER CLARK. DISCUSSION ON THE MOTION? I WILL SAY THIS I VOTED AGAINST IT THE FIRST TIME AND I APPRECIATE JOHN MARLIN AND EVERYBODY AT MA GETTING TO THIS POINT I DIDN'T VOTE AGAINST THIS THAT'S WHY I CANNOT SUPPORT THE POD WE HAD TO WRAP IT ALL UP TOGETHER.

I'M HAPPY IN A WAY THIS IS THE END OF A GLOBAL SETTLEMENT FOR LACK OF A BETTER TERM. THANK YOU FOR YOUR WORK AND EVERYTHING WE'VE BEEN MOVING ALONG ON.

>> MAYOR I MIGHT MENTION THAT JOHN ASSURES ME HE HAS A SIGNED VERSION OF THE DOCUMENT IN THE BACK CORNER.

>> I DO LIKE APPROVE SIGNED DOCUMENTS.

ANY DISCUSSION FROM THE COUNCIL? >> HEARING NINE, PLEASE CALL THE

VOTE. >> COUNCIL MEMBER WILCOTT.

[9.1. Consideration and possible action regarding the Management Agreement between City of Hutto and Directors of Chaos, LLC and any management agreements involving the Brushy Creek Amphitheater (Mayor Mike Snyder)]

>> AYE BIMAH COUNCIL MEMBER THOMPSON.

>> AYE.

COUNCIL MEMBER THORTON. >> AYE.

>> COUNCIL MEMBER CLARK. >> AYE.

>> AYE. >> MOTION PASSES 10 - .

>> 9 - 1 REGARDING THE MANAGEMENT AGREEMENT BETWEEN CITY OF HUTTO AND DIRECTORS OF CHAOS LLC IN THE MANAGEMENT AGREEMENT INVOLVING AMPHI AMPHITHEATER.

I BROUGHT THIS UP AFTER OUR WORKSHOP THAT WE HAD AND I WILL LEAVE IT THERE FOR A MOTION SO WE CAN DISCUSS IF WE NEED TO, I WILL MAKE A MOTION TO DIRECT STAFF TO AMEND THE AGREEMENT AS STATED IN THE FUTURE AMENDED MOTION.

>> I DON'T HOW TO HAVE A DISCUSSION ON THIS.

I CAN'T DISCUSS MY ISSUES UNTIL THERE'S A MOTION.

>> YOU OWN THE ITEM. >> I WANT TO AMENDED.

>> YOU ARE THE PRESENTER YOU COULD DO THE PRESENTATION AND YOUR STAFF MEMBER AND TALK ALL YOU WANT ABOUT IT.

>> DON'T TELL ME ALL I WANT. >> WITHIN REASON.

>> SET THE FIVE MINUTE TIMER. >> THE REASON I BRING THIS UP I DON'T WANT TO TERMINATE THEM. I'M EXTREMELY UNHAPPY I THINK WE'VE BEEN OVERPROMISE UNDER DELIVERED WHICH ALWAYS UPSETS ME. BUT THE PROBLEMS THAT I HAVE WE ARE LOCKED IN AND THEY BENEFIT OFF OF CITY STAFF AND THE CITY DOING THINGS THEY BENEFIT. SOMEBODY ELSE THAT HAS AN EVENT,

[01:50:02]

THE EVENT COMES IN AND THEY GET MONEY FOR PART OF THE TICKETS AND I DON'T KNOW THAT THE CITY NEEDS A 3-DOLLAR FEE ON EVERYTHING THAT HAPPENS BUT IF WE WANT TO DO THAT THAT IS FINE BUT WE STARTED TO RUN THIS THROUGH A ACCESS WHICH INCREASE THE COST TO THE CONSUMER WHICH IS AGAIN PREDOMINATELY OUR PEOPLE. I WOULD LIKE US TO LOOK AT AMENDING THE AGREEMENT TO MAKE IT WHERE IF THEY BRING IN SPONSORSHIPS AND THEY BRING IN CONCERTS AND THINGS THEY CAN BE AN EXCLUSIVE CONCERT BRINGER OR PROVIDER, PROMOTER BUT THEY DON'T GET A CUT OF ANYTHING ELSE THAT WERE DOING OR PRE-TAKE ON ALL THE OTHER THINGS THE STAFF HAS WORKED ON IN THE PAST IF THEY BRING A HEADLINE SHOW AND SELL 3000 TICKETS I DON'T HAVE A PROBLEM OF GIVING THEM 85%. IF THEY BRING A SPONSORSHIP I DON'T HAVE A PROBLEM WITH THEM GETTING 85%.

HAVE A PROBABLY SOMEBODY SAYS I WOULD LIKE TO SPONSOR THE AMPHITHEATER OF A PROBLEM IF I CONNECT THEM TO THEM AND THOSE GUYS GET 85% OF A PHONE CALL I TOOK AND NO ONE APPEAR OPERATES IN THEIR DAY JOB IF WE AMEND TO MAKE SURE THE ONLY ONES DOING CONCERTS THEY HAVE TO BOOK IT JUST LIKE EVERYBODY ELSE DOES THEN I THINK STAFF CAN WORK WITH THEM AND $4500 TO DO YOUR CONCERT WERE HAPPY TO BLOCK OFF YOUR DATE YOU'RE THE EXCLUSIVE PROMOTER AND THAT'S ALSO NOT TO SAY IF THEY DON'T HAVE AN EVENT GOING ON ON MEMORIAL DAY AND 70 CALLS UP AND SAYS WE HAVE 70 WILLING TO COME WE SHOULD ENTERTAIN THAT TO BUT I THINK IS GOOD WITH SOME EXPERIENCE I JUST DON'T THINK YOU'RE CAPABLE OF ALL OF THE INFORMATION SO I WOULD CHANGE NUMBER 10 IN THE CITY OF HUTTO OBLIGATIONS THAT TOC CAN REQUEST REIMBURSEMENT BY THE CITY FOR SUCH COST BECAUSE I WILL JUST SAY THEY REQUEST AND WE APPROVED UNDER WHAT WERE DOING BUT IF THEY THINK THEY NEED SOMETHING OTHER LIKE ANYBODY ELSE THEY'VE GOT TO PAY NUMBER 13 WHERE HE GETS INTO THE TICKETS WE HAVE A CONVOLUTED WAY WERE SHARING TICKET REVENUE THAT I DON'T KNOW THAT THAT WORKS AND OTHER THAN THAT I THINK IT WOULD BE HELPFUL BECAUSE I THINK WE DIDN'T TAKE ACTION AS A COUNCIL BUT WE DID KIND OF SAY WHAT I UNDERSTOOD IT'S NOT THAT WE DON'T WANT EVENTS WE DISTILL WHAT IT'S ALL PEOPLE THAT WE'RE GOING TO HAVE BIG BLOWOUT EVENTS NICHE EVENTS TWO OR 3000 TICKETS AND I THINK IT SUITABLE FOR THAT BUT I DON'T THINK IT SUITABLE FOR WHAT WE ORIGINALLY UNFORTUNATELY BOOKED IT FOR, THAT'S WHAT I WAS THINKING I'M OKAY WITH TERMINATING THE AGREEMENT BUT I THINK WITH A FEW CHANGES WE CAN MEET HALFWAY IF YOU WILL.

>> I WAS KIND OF THINKING THE SAME THING MAY BE ADJUSTING THE

AGREEMENT. >> WE HAVE TO MAKE A MOTION.

>> I APOLOGIZE. >> YOU CAN MAKE A MOTION TO

AMEND IT. >> I'M NOT MAKING A MOTION ON WHAT YOU JUST TALKED ABOUT BUT YOU MAKE YOUR OWN MOTION.

>> I'LL MAKE A MOTION ITEM 9 .1 WITH THE SUGGESTIONS SUGGESTED

FOR 10 AND 13. >> MOTION BY COUNCIL MEMBER DO

WE HAVE A SECOND. >> SECOND.

>> SECOND BY COUNCIL MEMBER CLARK.

THAT IS AMENDING 10 AND 13 AS PRESENTED IN THE CURRENT

AGREEMENT. >> AMENDING IT HOW, WHAT ARE YOU

CHANGING ON 10. >> I DON'T KNOW YET DO WE HAVE

TO DO THAT BEFORE WE PASS IT. >> I NEED TO KNOW WHAT YOUR CHANGING. YOUR MOTION WAS TO CHANGE PARAGRAPH 10 BUT HOW DO YOU WANT TO CHANGE IT.

>> WHAT WAS THE CHANGE.

>> IT SAYS THE CITY MAY BUT NOT REQUIRED TO BUDGET AND APPROPRIATE FUNDS NOT TO EXCEED 152 TO REIMBURSE DOC FOR COSTS INCURRED IN PROVISIONS MAY REQUEST.

[01:55:03]

MAYOR, IT DOES SAY MAY BUT NOT REQUIRED TO.

>> MAYOR IF I MAY I THINK PARAGRAPH 10 IS THE ONE WHERE THEY CAN MAKE IMPROVEMENTS TO THE FACILITY DIRECTLY.

THAT IS THE MONEY THAT'S BEEN REIMBURSED HAS BEEN FOR THE TICKET TRAILERS AND CONNEX TRAILERS AND THOSE SORTS OF THINGS THAT'S WITH A 150,000 IS FOR THAT IS NOT SUPPOSED TO BE FOR UNDERWRITING EVENTS OR ANYTHING ELSE IT IS SUPPOSED TO BE FOR THINGS OF CAPITAL IMPROVEMENTS TO THE FACILITY THAT WILL REMAIN EVEN IF DOC IS NOT WORKING THE BRUSHY CREEK AMPHITHEATER ANYMORE. THE WAY THAT I HANDLE THAT I ONLY BUDGETED $50000 FOR THE LINE ITEM BECAUSE IT SAYS MAY INTO ANYTHING OVER 50 REQUIRE CITY COUNCIL AUTHORIZATION ANYWAY. THAT'S THE WAY I HANDLED IT.

IF THAT MATTERS IN THE WAY THAT YOU WANT TO THINK ABOUT THIS

PARAGRAPH. >> I DON'T REIMBURSE IN PERSON BECAUSE WE DON'T REIMBURSE PEOPLE FOR OTHER EVENTS TO PUT ON BY THE CITY SO IT'S GOOD TO BE AN EXCLUSIVE PROMOTER THEY'RE NOT GOING TO MANAGE THE WHOLE THING HAS GOT TO BE DONE AND PROPOSING THEY DON'T MANAGE IT JUST BECOME AN EXCLUSIVE PROMOTER AND IF THEY PROVE THEMSELVES THEN WE CAN GIVE THEM MORE RESPONSIBILITY BUT I'M LOOKING AT TAKING RESPONSIBILITY AWAY, WERE HIRING EIGHT MORE PEOPLE IF WE NEED IMPROVEMENTS THAT SHOULD COME FROM YOU. YOU HAVE TO ANSWER THE SPENDING TAXPAYER MONEY, THEY DON'T IS HOW I LOOK AT IT.

>> I WOULD THINK PARAGRAPH 10 THEY WOULD MAKE RECOMMENDATIONS AND INFORM THE IMPROVEMENTS BUT ULTIMATELY THE DECISION IS A

CITY COUNCIL. >> WE THINK THIS IS NEEDED IT WOULD COST $20000 FYI CITY IF YOU WANT TO IMPROVE IT, GREAT.

>> ANOTHER THING THAT I THINK MAY BE IMPORTANT FOR YOU ALL TO CONSIDER WHILE YOU ARE DOING THIS, IF YOU ARE GOING TO LIMIT THE SIZE OF THE EVENTS YOU MIGHT WANT TO CONSIDER PUTTING THAT IN THE CONTRACT. IT DOESN'T NECESSARILY HAVE TO BE BECAUSE I THINK COUNCIL CAN DEVELOP A POLICY FOR THE BRUSHY CREEK AMPHITHEATER THAT IS SEPARATE THAT IN A WAY SUPERSEDING THE AGREEMENT BUT THAT'S ANOTHER THING TO CONSIDER IF YOU LIMIT THE SOUND DB FROM THE DISCUSSION LAST WEEK IN LIMIT THE GATHERING SIZES TO NO MORE THAN 10000 PEOPLE OR WHATEVER THE NUMBER IS YOU MIGHT CONSIDER DOING THAT BUT YOU

COULD TACKLE THAT WITH A POLICY. >> IN THE SOUND ABATEMENT WASN'T BETWEEN 75 OR 85 DECIMALS BUT ALSO THE RECOMMENDATION WAS 2500 TO 3000 EVENTS OR PROGRAMS. I CANNOT REMEMBER THE OTHER POINT I WANTED TO MAKE. THOSE TWO POINTS SPECIFICALLY BUT ALSO I THINK THE TERM NEEDS TO BE UPDATED.

SINCE WE ARE REESTABLISHING PARAMETERS IT SAYS TERMINATE DECEMBER 31, 2025 I WOULD WANT TO HAVE A CHECK-IN OR MILESTONE.

, THREE MONTHS INCOME IS SIX MONTHS AND, I DON'T THINK WE SHOULD WAIT THE ENTIRE 2025 FOR THIS TO POTENTIALLY GO FOR RFQ FOR SOMEBODY ELSE I THINK THERE SHOULD BE A MILESTONE SET WHERE WE CHECK IN WITH THEM WE HAVE CHICKENS ON A REGULAR DAY JOB I DON'T THINK WE SHOULD WAIT FOR AN EVENT TO BE CANCELED OR PROGRAM OR AN ACTIVITY TO BE CANCELED WHERE THERE IS MASS HYSTERIA AND THAT'S WHEN WE WANT TO ASK QUESTIONS.

I THINK WE SHOULD CHECK IN PERIODS THROUGHOUT THE PROCESS BUT I THINK THAT WOULD BE ACCOMPLISHED FOR UPDATING THE

TERMS. >> MAY I SUGGEST MAKING THESE CHANGES ALONG WITH CREATING THE POLICY THAT WE SPOKE ABOUT AN HOUR LAST WORK SESSION AT THE SAME TIME.

FOR LOOKING AT THE PROPHET IT WOULD DEPEND ON IF IT'S AN EVENT THAT THEY ARE HOSTING WERE AN EVENT THAT WE ARE HOSTING I DO BELIEVE 10 AND 13 NEED TO BE CHANGED BUT I THINK WE'RE GOING TO HAVE TO REALLY LOOK AT IF IT EVENT THERE HOSTING THEN HOW MUCH% DO WE WANT AND YOU FOR HOSTING THE WE GET ALL OF IT.

I THINK THAT SHOULD BE LAID OUT. >> YOU'RE MAKING AN ASSUMPTION THAT THE MAKE CHANGES OF THE AGREEMENT.

[02:00:04]

>> TRUE. >> MAYOR WHAT YOU ARE TALKING ABOUT THE SCOPE OF SERVICES WE NEED TO BE UPDATED AS WELL.

FOR SAYING WE WANT TO MAKE SURE THERE THE EXCLUSIVE PROMOTER, 6.1 SAYS ORGANIZE, PROMOTE AND CONDUCT I THINK WE SHOULD UPDATE THAT TO MIRROR WHAT YOU'RE TALKING ABOUT THE FULL PROMOTER AND NOT ANYTHING ELSE AT LEAST FOR NOW UNTIL THEY STEP UP THEIR

GAME. >> EXACTLY.

>> I THINK THE ENTIRE SIX IS GOING TO NEED TO BE LOOKED AT

FOR WHAT YOU'RE SAYING. >> LEGALLY DO WE HAVE TO RESEND THE CURRENT AGREEMENT AND GIVE THE 60 DAY NOTICE TO FUNDAMENTALLY CHANGE THE AGREEMENT BECAUSE EFFECTIVELY I DON'T SEE HOW YOU CHANGE IT AGREEMENT AND SAY YOU DID NOT GIVE NOTICE AND IF WE CAN'T REACH AGREEMENT WITHIN 60 DAYS THEN YOU HAVE TO NOTICE ANOTHER 60 DAYS I'M JUST WONDERING DO WE NEED TO NOTICE TONIGHT WITH THE INTENTION THAT WE WILL RENEGOTIATE A NEW AGREEMENT IN 60 DAYS TO GET IT DONE.

>> PERSONALLY THAT IS THE BEST WAY TO GO.

IS THAT A MOTION. >> WE ACCEPT THE AMENDMENT.

>> CAN I SPEAK TO THAT. >> I THINK WE NEED TO TAKE COUNCIL COMMENTS AND SIT DOWN WITH THEM RATHER THAN SEND OUT A NOTICE TO RESEND THE AGREEMENT. IF THERE AMENDABLE TO THE CHANGES, WE CAN JUST AMEND THE CONTRACT.

>> YOU GUYS AMENDED MOTION IS TO TERMINATE TONIGHT.

>> THAT WE GIVE NOTICE WITH THE CHANCE TO HAVE 60 DAYS TO REACH

A NEW AGREEMENT. >> IS THAT OKAY.

>> YES. >> HERE'S WHY I LIKE THAT, I KNOW IT'S NOT THE FRIENDLIEST THING BUT IT PROVIDES A CITY THE MOST LEVERAGE BECAUSE TO YOUR POINT YOU GUYS HAVE 60 DAYS THE AGREEMENT WILL BE TERMINATED AND WE CAN SIGN THE REVISED ONE BY THEN IF NOT OTHER PARTIES MAY REACH OUT TO SAY I DO A BETTER JOB I'LL DO THAT AND SO FOR ME I DON'T THANK YOU, GUYS WOULD DO THAT SO I WOULD START OFF WITH AMENDING BUT THAT'S THE WAY I

OPERATE. >> I DON'T NECESSARILY LIKE THAT ROUTE BECAUSE I THINK IT'S LEAVING THE POSSIBILITY THAT THIS THING DOESN'T GO THROUGH AND THEY WERE LEFT WITHOUT IT AGREEMENT AND WITHOUT HER PROMOTER.

I DON'T THINK YOU GET RID OF SOMETHING WHEN YOU HAVE NOTHING LINED UP AND EVEN FLIRTY WITH THE POSSIBILITY OF GETTING RID OF SOMETHING WITHOUT HAVING SOMETHING LINED UP AS A RESPONSIBLE. I THINK THE AMENDING LIKE WHAT OUR CITY ATTORNEY ADVISE SITTING DOWN WITH HIM AND TALKING TO THEM ABOUT THE CHANGES WE WOULD LIKE TO MAKE I THINK THAT ESTABLISHES WHAT WE ARE LOOKING FOR.

IF WE WANT TO GO OUT FOR RFQ TO FIND SOMEBODY ELSE AFTER PROBABLY GOT. I DO THINK YOU DON'T GET RID OF SOMETHING WITHOUT HAVING SOMETHING LINED UP.

THOSE ARE MY THOUGHTS ON THAT. I WOULD NOT FLIRT WITH THAT.

>> I DID NOT WANT TO ADD THAT TERMINATION.

>> I GOT LOST WITH ORGANIZATION OF THINGS BUT CAN FIVE MINUTES

CAN I START MY TIMER. >> THANK YOU.

>> MY THOUGHTS I AGREE WITH SOME OF THE CHANGES THAT ARE BEING BROUGHT FORTH. OBVIOUSLY NAMING THEM AS THE EXCLUSIVE PROMOTER FOR BRUSHY CREEK AMPHITHEATER.

I DO ALSO AGREE WITH THE MAYOR AND COUNCIL MEMBER WILL CALL ON AMENDING TALKING ABOUT PROFITS. BUT I THINK WHAT THEY'RE BOTH POINTING TO IS DETAILING THE SPONSORSHIPS AND SAYING IF THEY BRING THE SPONSORSHIP, THEY GET THE PROPHET AND IF THERE IS A LOCAL BUSINESS ENTITY THAT WANTS TO DO THAT WITH THE CITY HAS CLOSE TIES THEN OBVIOUSLY THE PROFITS ARE SPLIT.

I THINK THAT IS FAIR. IN REGARDS TO SECTION 10 FUNDING TERMS. I THINK THIS SHOULD STAY AND I DON'T THINK IT SHOULD BE REM REMOVED.

THIS GIVES THE CITY MANAGER AUTHORIZATION PRETTY IS NOT REQUIRED TO AUTHORIZE WHAT THEY'RE SUGGESTING THAT WE NEED $15000 FOR THIS, HE CAN SAY AYE DON'T THINK THAT'S NECESSARY.

IT DOESN'T DEMAND THAT HE APPROVE OF WHAT THEY SUGGEST.

THEY'RE GOING TO BRING THE IDEAS FORWARD TO HIM AND MAYBE EVEN

[02:05:02]

CHRISTIE'S TEAM TO SEE IF THAT'S SOMETHING THAT CAN BE CONSIDERED AND ALSO THE CITY MANAGER PUT IN OUR CURRENT BUDGET AT 50000.

UNTIL OCTOBER OF NEXT YEAR THOUGH LIMITED TO 50000 AND WITH SECTION 10 THE CITY MAY BUT NOT REQUIRED TO BUDGET AND APPROPRIATE FUNDS NOT TO EXCEED $150,000, THEY HAVE SET UP A BARRIER AT 150 THROUGH 2025 THROUGH DECEMBER 31, 2025 WHICH IS $50000 PER YEAR BECAUSE WERE ONE YEAR IN THE CITY MANAGER HAS DONE 50000 FOR THIS NEXT YEAR AND SAY WE DO IT FOR THE FINAL WERE SETTING UP THE PARAMETERS AND BOUNDARIES I FEEL LIKE THE CITY IS PRETTY SAFE AND PRETTY PADDED FROM ANY KIND OF HIGH EXPENDITURE ITEMS THAT THEY MAY REQUEST FOR IMPROVEMENT.

I WOULD LIKE TO SEE 10 STAY IN THEIR IN THE LANGUAGE THE CITY MAY BUT IS NOT REQUIRED TO. I THINK THAT'S PRETTY PROTECTIVE ON OUR SIDE. ALSO I AGREE WE NEED TO DO A SEPARATE POLICY, NOT WITHIN THIS AGREEMENT BUT A SEPARATE POLICY BRUSHY CREEK AMPHITHEATER BASED ON LAST WEEK'S INFORMATION ON SOUNDED EVENTS AND SIZE OF EVENTS AND THINGS OF THAT SORT SO THOSE ARE SOME PARAMETERS AS WELL THAT WE WOULD LIKE TO SEE FOR EVENTS MOVING FORWARD AFTER. THOSE ARE MY THOUGHTS.

>> THANK YOU OF THE DISCUSSION. >> I AGREE WE DON'T NEED TO CHANGE THAT THE NUMBER ONE REASON WE DON'T HAVE TO CHANGE NUMBER 10 IS BECAUSE OF BUDGET CONTROLS EVERYTHING AND WE CONTROL THE BUDGET SO IF WE WANT TO CONTROL THE LINE ITEM TO A GREATER EXTENT WE CAN CHANGE THE BUDGET ON THE LINE ITEM AND THINGS WILL HAVE TO COME TO US FOR APPROVAL.

SO WE HAVE A CHOICE THERE AND ONE OF THE THINGS I APPRECIATE THE POINT ABOUT THE DIFFERENCE BETWEEN THEM GOING ON FRIDAY TO THE VET AND BRING IT AGAIN VERSUS AN EVENT WE ALREADY HAD IN THE CITY THAT SHOULD BE VERY DIFFERENT TERMS OF WHO TAKES THE MONEY FROM THE EVENT IT'S ALMOST LIKE WE SHOULD BE CONTRACTING WITH THEM TO RUN CERTAIN EVENTS VERSUS LETTING THEM HAVE THE EXCLUSIVE RUN OF EVERYTHING WHETHER IT'S OUR EVENT ARE PRE-EXISTING EVENT OR THERE'S AN TO HAVE SOME OF THE IN THE

CONTRACT. >> IS ANY DISCUSSION.

>> I GUESS WE HAVE A SECOND TIME TALKING NO.

>> THIS IS YOUR FIRST. >> I UNDERSTAND YOUR POINT COUNCIL MEMBER ABOUT TERMINATING BUT THE ONLY THING I WOULD SAY TO THAT I WOULD IMAGINE KNOWING THERE'S GOING TO BE FUNDAMENTAL CHANGES IN THE AGREEMENT FOR THE NEXT TWO MONTHS WHY WOULD THEY PUT UP THEIR OWN MONEY FOR ANY EVENTS UNTIL THEY SEE WHAT IT IS AND IF THEY DON'T AGREE TO IT THAT WE HAVE TO WAIT ANOTHER 60 DAYS BEFORE WE CAN DO ANYTHING SO WERE TALKING FOUR MONTHS WITH NOTHING AND NO POSSIBILITY OF ANYTHING COMING SO THAT IS WHY I THINK WE GO AHEAD WITH THE MOTION THAT YOU AND I HAVE PUT FORWARD THAT WE GET THE 60 DAY NOTICE I WOULD HOPE WE CAN REACH AN AGREEMENT AND THEY KNOW THAT AND THEN WERE ABLE TO GO FORWARD AND IF NOT WE CAN SEPARATOR WAYS AND FIGURE OUT SOMETHING BUT WE HAVEN'T LOST MORE TIME BY DOING NOTHING.

I WAS VERY SAD EVEN IF IT IS BEYOND THE CONTROL ABOUT THE SPIRIT OF WELL GAIN BUT I DO WONDER FROM HEARING FROM OTHER PEOPLE IS SEEMED LIKE THEY RUSH TO GET IT ON THERE AND DID NOT GIVE ENOUGH RUNWAY TO GET THE MMASS NUMBER OF TICKETS TO MAKE THE HEADLINER A LINK TO STAY IN FROM THE ADVERTISEMENT THE PRESENTATION WE HAD LAST WEEK IT SOUNDS LIKE THE LARGE NONACOUSTIC VENUES IS NOT REALLY WHAT BRUSHY CREEK AMPHITHEATER WILL EVER BE ABLE TO BE FOR THE COST THAT WE AS A CITIZEN ARE WILLING TO PAY SO AT THIS POINT I FEEL LIKE THE CONCEPT OF WHAT BRUSHY CREEK HAS CHANGED FROM WHEN WE STARTED THIS I THINK WE TERMINATE THIS ONE AND WE TELL THEM TO RENEGOTIATE AND GET WITHIN 60 DAYS GREAT BUT I DON'T THINK WE KEEP WHAT WE HAVE NOW BECAUSE WERE DUE NO BRUSHY CREEK AMPHITHEATER CAN PRODUCE WITH

[02:10:04]

THIS AGREEMENT WAS ENVISIONING IT WOULD BE.

>> WHETHER THEY SUCCEEDED AND NOT FOUND DEFINITIVELY THAT IS KNOCKING TO BE ABLE TO HAVE THE LARGE CONCERT AND THEY WON'T BE ABLE TO BEAT THE SOUND AND THE COST IS SOMETHING THAT WE AS A

COMMUNITY CANNOT AFFORD TO DO. >> I SEE YOUR POINT.

>> ALRIGHT. >> YOU TO VIDEOS?

>> FOR ME AS LONG AS THE INTENT OF THE MOTION IN THE WORDING OF THE MOTION THAT WERE GIVING A 60 DAY NOTICE WITH THE INTENT TO RENEGOTIATE A NEW CONTRACT AND THAT IS OUR GOAL IN THE MESSAGE SENT THAT OUR INTENT IS TO KEEP THEM ON AND MODIFY THIS AGREEMENT SO IT'S WORKABLE FOR THEM AND US I WOULD BE OKAY WITH THAT. IF THE INTENT IS TO SAY WE'RE GOING TO CUT YOU LOOSE IN 60 DAYS WITH NO HOPE OF TRYING TO STAY ON THE NIGHT WOULD NOT LIKE THAT.

I AGREE WITH COUNCIL MEMBER THOMPSON THIS IS THE ONLY ONE THAT WE'VE GOT WHEN WE WENT OUT FOR RFQ WE GOT RESPONSES THE FIRST TIME AND WHEN WE WENT OUT A SECOND TIME AND DOC WAS ONLY ONE OR THE VERY FEW THAT RESPONDED.

WE HAVE SOMEBODY THAT SOUNDS LIKE WERE ALL WILLING TO WORK WITH IF WE CAN CHANGE THE TERMS. I WOULD LIKE TO WORK WITH THEM THEY HAVE BEEN WITH US EIGHT MONTHS AND I'M NOT ONE AM A LITTLE MORE PATIENT AND WILLING TO GIVE PEOPLE SECOND CHANCES AND FIGURE THINGS OUT I DON'T THINK IT'S ALL THEIR FAULT THAT THIS IS HAPPENING MAYBE WE PUT TOO MUCH OF AN EXPECTATION SET TOO HIGH OF EXPECTATION OF WHAT CAN HAPPEN AFTER.

>> IF THAT'S THE INTENT OF THE MOTION.

>> LET ME MAKE A FRIENDLY AMENDMENT TO ADD THAT TO THE

MOTION. >> I THINK THAT'S WHAT I SAID

ORIGINALLY. >> I AGREE WE WANT TO SAVE THE

RELATIONSHIP. >> WOULD YOU BE WILLING TO MAKE

IT FROM THE AMENDMENT. >> TO SAY THE INTENT WITHIN THE 60 DAY WINDOW RENEGOTIATE A CONTRACT WITH THE ITEMS CALLED OUT BY CITY COUNCIL IN A WORK SESSION, COULD THAT BE ADDED TO THE MOTION SO THE INTENT IS STATED.

>> ARE YOU OKAY WITH THAT. >> NOT A WORK SESSION BUT A

MEETING. >> IT MAY BE A GOOD TIME TO USE

THE COUNCIL WHATEVER WAS CALLED. >> THE FORM.

>> ALRIGHT. ROUND TWO ANYONE.

>> I WANT TO MAKE IT CLEAR THAT I WANT TO CONTINUE TO WORK WITH DIRECTORS OF CHAOS AND PERFECTING SOME OF THESE THINGS IN THE WORK SESSION. THEY DID MENTION ABOUT THE SPONSORSHIPS AND THEN BRINGING THE SPONSORSHIPS VERSUS THE CITY AND I WANT TO MAKE THAT CLEAR I KNOW IS SOMETHING CONSENSUS AMONGST THE CITY COUNCIL MEMBERS BUT I WANT TO MAKE MY VOICE HEARD IT'S BEEN A COUPLE MONTHS AND WERE ABOUT TO REACH A YEAR INTO THE AGREEMENT. I'M SURE THAT THEY HAVE THINGS LINED UP OR THEY'RE WORKING ON THINGS SO WE DO HAVE TO TAKE THAT INTO CONSIDERATION AS WE DO WORK ON A POLICY FOR BRUSHY CREEK AMPHITHEATER. I GUESS THAT'S IT FOR ME.

>> ANY OTHER COMMENTS. >> CAN YOU RESTATE THE MOTION.

>> WE HAVE A 60 DAY NOTICE TO TERMINATE THE AGREEMENT WITH THE INTENT OF RENEGOTIATING SAID AGREEMENT.

>> WITH A MEETING I THOUGHT THAT'S WHAT SHE SAID.

>> WITH THE MEETING. >> HOWEVER, IS RENEGOTIATED I

DON'T KNOW. >> I APPRECIATE EVERYBODY'S INPUT I THINK WE NEED TO BE FIRM BUT FAIR THE AMENDMENT AND THE CHANGES I THINK THAT'S FAIR OTHERWISE THE FIRM WE HAVE PEOPLE WE HAVE TO ANSWER TO SO WE HAVE TO GET SOMETHING GOING.

>> AND YOU RESTATE THE MOTION. >> AS I UNDERSTOOD 60 DAY NOTICE TO TERMINATE THE AGREEMENT WITH THE INTENT OF RENEGOTIATING THE

AGREEMENT. >> WITHIN THE TIME PERIOD.

>> I DON'T KNOW THAT I LIKE THAT WORDING.

[02:15:01]

WHY DOES TERMINATE HAVE TO BE IN THE FIRST IS THAT OF SEMANTICS.

>> THE 20.3 GET YOUR GUISES MOTION BUT ALSO YOU 20.3 IS CITY TERMINATION FOR CONVENIENCE UPON 60 CALENDAR DAYS OR A PERIOD OF NOTICE IT MAY STATE THE CITY DELIVERS TO DOC A WRITTEN NOTICE

OF TERMINATION. >> GOTCHA.

>> EVERYTHING LEGAL IS TOUGH. >> WE STARTED PUTTING TERMINATION FOR CONVENIENCE AND ALL OF THE CONTRACTS SO IT ALLOWS THE CITY TO PROVIDE THE NOTICE PERIOD THEY CAN PROVIDE SUBSEQUENTLY AND DO THE SAME THING IT IS A MUTUAL REMEDY.

>> THANK YOU FOR CLARIFICATION WHERE.

>> PLEASE CALL THE VOTE. >> MAYOR PRO TEM GORDON.

>> AYE. >> COUNCIL MEMBER KOLAR.

>> AYE. >> COUNCIL MEMBER THORTON.

>> AYE. >> COUNCIL MEMBER WILCOTT.

>> AYE. >> I LOST COUNT IS AT SEVEN.

[9.2. Consideration and possible action relating to City Manager delegation of authority when out of the office or out due to disability (Mayor Mike Snyder)]

MOST OF THEM ENTER MOTION PASSES 7- 0.

NEXT 9.2 POSSIBLE ACTION TO THE CITY MANAGER DELEGATION OF AUTHORITY WHEN OUT OF OFFICE OR OUT DUE TO DISABILITY.

I BROUGHT THIS UP, I WAS TALKING TO DOTTIE WE HIT THIS ONCE.

>> MAYBE THERE WAS A CHARTER PROVISION ABOUT THE ASSISTANT

CITY MANAGER THAT WAS TAKEN OUT. >> AT ANOTHER WE EVER DID

ANYTHING. >> WHEN FRANKLIN WAS HERE THERE WAS APPOINTING THE ASSISTANT CITY MANAGER AND SOMETHING WAS IN THE CHARTER WHICH WAS TAKEN OUT AND ABOUT THE COUNCIL BEING ABLE TO APPROVE THE ASSISTANT CITY MANAGER OR WHOEVER THE CITY MANAGER APPOINTED WHILE HE WAS OUT.

>> EARS WHY I BROUGHT THIS UP I'M HOPING THIS IS NOT A BIG DEAL BUT I FEEL LIKE WHAT MY EXPECTATION WORK IS BEFORE I TOOK OFF I HAVE TO TELL MY BOSS AND GOING TO TAKE OFF.

WHEN I HAD PEOPLE THAT WERE DEPENDED ON ME I HAD TO LET SOMEONE KNOW WHO'S GOING TO BE IN CHARGE OR WHO'S GOING TO COVER. IF I DID NOT DO THAT NO ONE DIED OR NOTHING HAPPENED, THE CITIES A LITTLE BIT DIFFERENT.

WHAT MADE ME FIRST DO THIS WE GOT THE E-MAIL FROM THE CITY MANAGER THAT HE WAS GOING TO BE ON THANKSGIVING BREAK AND ALL IT SAID IF YOU HAVE ANYTHING URGENT SEND AN E-MAIL TO ANNA RODRIGUEZ. SO MY INITIAL RESPONSE WAS WHO IS IN CHARGE OF THE CITY DURING THE TIME BECAUSE I DON'T KNOW ANNA REAL WELL BUT I DON'T KNOW SHE'S QUALIFIED TO RUN THE CITY FOR A WEEK. SO I SAID WHO'S GOING TO RUN THE CITY AND HE SAID ANNA AND JONES AND I THOUGHT I NEED A CLEAR CHAIN OF COMMAND. IF SOMETHING HAPPENS AND THEN AGAIN I DON'T KNOW DAVID VERY WELL BUT WHO'S GOING TO BE THERE. IT JUST SO HAPPENED THE NEXT DAY A TRAIN HIT A ROCK COLLAR ON 709 IN GOD WE DID NOT HEADED AROUND IT BUT WE COULD HAVE A DERAILMENT THAT'S WHAT I'M WORRIED ABOUT IS A DERAILMENT. THE NEXT DAY I READ A CITY IN INDIANA HAD A DERAILMENT HAD TO EVACUATE DUE TO A TOXIC CHEMICAL SPILL. FOR NOT ASKING THESE QUESTIONS, WHO WOULD BE IN CHARGE. I WAS TALKING TO DOTTIE AND I THINK WE NEED A SYSTEM WHERE WE ALWAYS KNOW IF A TORNADO COMES THROUGH IN THE CITY MANAGER TO ME LEAVES THE METRO AREA IF HE'S IN ARLINGTON OR SOMETHING HE NEEDS TO APPOINT SOMEONE, IN MY OPINION THAT IS IN CHARGE OF THE CITY IN CASE SOMETHING HAPPENS BECAUSE WE HAD AN ICE STORM AND MAYBE HE CAN'T COME BACK AND HE THINKS OUR PHONES ARE WORKING AND WERE NOT ANSWERING OUR PHONES, THE PHONE SYSTEM IS DOWN AND WERE WANTING TO KNOW WHO'S IN CHARGE AND WERE TRYING TO FIGURE THIS OUT.

I'VE LIVED THROUGH THAT WALL ON COUNCIL.

I THINK THERE SEEMS TO BE A NOTICE ON MONDAY WHEN WE WERE TOLD WE WERE GONE THE WHOLE WEEK I'M LIKE MAYBE I HAD SOMETHING I WANTED TO TALK TO MY WEDNESDAY MEETING AND I'M NOT GOING TO HAVE THAT. TODAY REITERATED TO ME BECAUSE TODAY WE WERE TOLD THE CITY MANAGER WILL BE GONE UNTIL TOMORROW UNTIL THE END OF THE YEAR AND I'M LIKE IT'S A LITTLE CONVOLUTED ON HIS CAN BE IN CHARGE MASKING TO BE IN CHARGE EXCEPT FOR CERTAIN DAYS, DAVID COULD BE IN CHARGE, DAVID OR MATT CAN HANDLE IT THEN WE CAN GO BACK TO ASHLEY OR SOMEBODY ELSE INTO ME WE HAVE TO HAVE A CHAIN OF COMMAND AND THEN WE KNOW WHERE THAT THAT HE TELLS US WERE GONE AND WE KNOW NEVER TO AND IF NUMBER TWO WON'T ANSWER THE PHONE WE GO TO NUMBER THREE.

ANOTHER EXAMPLE AT THE CO-OP SOMETHING WAS FLOODING IT WAS A BROKEN PIPE OR SOMETHING. IN THE CITY MANAGER NOT THIS ONE AND WE CAN GET HOLD OF THE ASSISTANT CITY MANAGER SO I MET

[02:20:04]

THE ASSISTANT TO THE CITY MANAGER AT THE CO-OP AND WERE TRYING TO FIGURE OUT WHAT TO DO BECAUSE THE WATER IS GUSHING OUT YOU PROBABLY REMEMBER THAT WHEN THAT HAPPENED.

I DON'T WANT TO BE ACCUSED OF TELLING THE ASSISTANT TO THE CITY MANAGER WHAT TO DO BUT WHAT YOU DO WHEN WERE OUT THERE WE CAN GET A HOLD OF PEOPLE. IF WE HAD A CHAIN OF COMMAND WE CAN SAY WE TRIED TO GET A HOLD OF THIS PERSON THEY WEREN'T THERE WE WENT THERE. WHAT I'M HOPING WE CAN DIRECT WITH THE CITY MANAGER'S INPUT WORKING WITH THE CITY ATTORNEY WE CAN DIRECT THEM TO COME UP WITH A CHAIN OF COMMAND HOW IT WORKS WHEN HE'S NOT HERE OR INCAPACITATED OR HAS COVID THEN WE KNOW WHO TO GO TO GO DOWN THE LINE AND THAT WAY WE DON'T HAVE THREE PEOPLE WERE LOOKING OR WE JUST HAVE ONE AND EVERYBODY KNOWS WAS GOING ON. THAT'S WHY BROUGHT IT UP THIS WAS BEFORE JAMES AND BEFORE YOU GOT HERE BUT THAT'S

REPRESMYPRESENTATION. >> SOUNDS GOOD I AGREE IT'S NICE TO HAVE A SET POLICY IN PLACE LESSONS THE FIRST PERSONS OUT THEN HERE IS WHO IS IN CHARGE IN THE PROCESS OF HOW WE KNOW.

>> JUST LIKE THE E-MAIL TODAY YOU CAN CONTACT ASSISTANT CITY MANAGER, AND IF THEY'RE NOT THERE ANNA IS THERE.

THAT E-MAIL IS KIND OF WHAT YOU'RE EXPLAINING THERE IS NUMBER ONE, NUMBER TWO, NUMBER THREE IF IT IS THIS DAY IT

CHANGES TO THESE THREE. >> IF YOU HAVE A FORMAL POLICY.

>> I THINK A FORMAL POLICY AND. >> A POLICY I NEED TO KNOW 12 IN

THREE. >> HAVE YOU BEEN ON A PROJECT IS LIKE RUNNING YOUR THE MANAGER AND THE ASSISTANT MANAGER AND ONSET. IN MY MIND AND THIS MAY LOSE SUPPORT. IF THERE'S ONLY TWO PEOPLE IN THE CITY TRAIN TO RUN A CITY THAT IS JAMES AND NOT TO ME THEY BOTH CAN'T BE GONE ON VACATION. IF ONE MUST TAKE ALL THANKSGIVING THAT'S FINE BUT SOMEBODY'S GOTTA BE HERE FOR CHRISTMAS BECAUSE AGAIN I DON'T KNOW DAVID'S QUALIFICATIONS AND WE DO NOT HIRE HIM TO RUN THE CITY.

SOMEONE'S GOTTA BE GONE AND THEY CAN TAKE WHATEVER THIS HOLIDAY OFF AND YOU CAN HAVE THIS OFF BUT WE'RE GOING TO SPEND THE REST OF DECEMBER AND IT AND I'M SUPPOSED TO REMEMBER JAMES IS GONE AND NOT FROM NOON TO EIGHT IN THE MORNING THE STATE AND IF I CAN'T GET A HOLD OF MATT THEN I'M SUPPOSED TO CALL THIS PERSON SOMEONE'S DINER SOMETHING'S HAPPENING AND WE POISON PEOPLE IN THE WATER SYSTEM SHUT DOWN A WATER TOWER LEAKING TO ME WE NEED PEOPLE LIKE BOOM HEARS THE PEOPLE YOU CALL SHOULD BE JAMES IN A BE JAMES OR NOT AND THE ONLY REASON ONE OF THEM ARE BOTH GONE JAMES HOW TO SCHEDULE DEAL AND NOT HAD A SICKNESS AND CAN'T

BE THERE. >> I SEE WHAT YOU'RE SAYING, I JUST DON'T THINK, YOU HIRE THE CITY MANAGER BECAUSE YOU TRUST HIS JUDGMENT IN THE PEOPLE THAT HE PUTS IN TO THE POSITIONS THAT HE DOES I UNDERSTAND THERE'S TWO PEOPLE TO KNOW HOW TO RUN THE CITY BUT I'M NOT ONE TO SECOND-GUESS OR MICROMANAGE THE CITY MANAGER JOHN WHO HE NEEDS TO SELECT TO MAKE SURE THEY'RE THERE. I WOULD TRUST THE CITY MANAGER IF THERE'S PROBLEMS ARE AND I WAS A CITY MANAGER SCREW THIS UP MAYBE WE NEED TO LOOK FOR ANOTHER CITY MANAGER BUT I WOULDN'T SAY THESE TWO GENTLEMEN ONE OF THEM HAS TO BE HERE I DON'T THINK THAT'S FAIR. THINGS COME UP, HOLIDAYS YOU'RE ESSENTIALLY SAYING TO PEOPLE NEED TO BE HERE FOR CHRISTMAS I DON'T NECESSARILY AGREE WITH. IF EACH TRUST SOMEBODY TO DELEGATE THOSE RESPONSIBILITIES I TRUST THE CITY MANAGER AND I WOULD HOPE THAT WE WOULD ALL JUST A CITY MANAGER SINCE WE

EMPLOY HIM, JUST SAYING. >> DOES IT EVEN HAVE ANNA'S

PHONE NUMBER. >> I DOUBT.

>> WELL GET IT. >> IT SAYS TO E-MAIL HER IF

SOMETHING COMES UP. >> I'VE NOT HEARD A MOTION I

DON'T KNOW WHAT WERE DISCUSSING. >> THAT'S A GOOD POINT.

YOU'RE GOING BACK AND FORTH. >> I'LL MAKE A MOTION TO DIRECT

[02:25:02]

THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY TO COME BACK WITH THE POLICY ON DELEGATION OF AUTHORITY WHEN HE'S OUT OF THE

OFFICE OR DISABLED. >> SECTOR.

>> CAN I TALK. >> I WORK FOR A MULTINATIONAL CORPORATION AND I'VE SIGNATURE AUTHORITIES TO GET CHANGED AND THEY GET TURNED ON BECAUSE WE HAVE FORMS THE HAVE TO GET FILLED OUT AND THEY WERE OUT TO MY DESIGNATED PERSON I DON'T THINK WILL BE THAT SOPHISTICATED BUT I WILL ALSO SAY YOU CAN NOW BE IN THE OFFICE WOULD BE THE POINT OF CONTACT IF IT'S AN EMERGENCY AND IF IT'S HELEN RIMFIRE SCENARIOS I AGREE THAT ONE OF THE EXECUTIVE STAFF NEEDS TO BE PHYSICALLY IN THE CITY SO IF THERE IS AN EMERGENCY THERE ABLE TO GET HERE BUT WILL HAVE AN EMERGENCY SERVICES DIRECTOR AND THE MAJORITY OF THE STUFF GRANTED WE WILL HAVE AN INTERIM ONE BUT A LOT OF THE THINGS THAT YOU MENTIONED THIS EMERGENCY SERVICES WILL BE THE FIRST ON SITE TO RESPOND TO THE ALONG WITH POLICE AND FIRE AND THEN THEY WOULD GET A HOLD OF THE CITY MANAGER I'M ASSUMING AND PART OF THE POLICY YOU HAVE A CHAIN OF COMMAND BUT IF YOU'RE AT HOME ON VACATION YOU'RE NOT TRAVELING OUT OF A 50-MILE RANGE OR WHATEVER YOU COULD BE ON VACATION IS TO BE ON CALL EVEN ON MY OWN E-MAIL I AM ON CALL. HERE'S MY FUNDERBURK CONTACT ME FOR EMERGENCY THE NEVIN INTERNAL ORGANIZATIONAL E-MAIL AND EXTERNAL ORGANIZATIONAL E-MAIL. WHEN SOMEBODY OUTSIDE E-MAILS THE CITY THEY WOULD THEN GET THAT OR SOMEBODY ELSE AND IN TURN WOULD HAVE A DIFFERENT PROCEDURE SOMETHING LIKE THAT IS WHAT I WOULD SEE BUT I THANK YOU TRY TO BE TO DO CHROMIUM BUT I THINK THERE'S SOMETHING IN THE MIDDLE THAT WOULD MAKE SENSE.

>> ANYONE ELSE. >> I'M ALL FOR CHAIN OF COMMAND.

I'M NOT FOR POLICY AND I THINK WE NEED TO MICROMANAGE TO THAT POINT I THINK HE KNOWS WHAT HE'S DOING AND I TRUST HIS DECISIONS.

>> ALRIGHT. I'M NOT TRY TO BE DRACONIAN BUT LIKE THE E-MAIL SAID TODAY THIS IS LIFEWORK BALANCE BUT THE GUY TAKEN COCAINE UNDER VACATION IN APPIAN CALL BUT HE TOLD US TODAY HE'S DISCONNECTING FROM TEAMS AND OUTLOOK AND IS KNOCKING TO BE AVAILABLE OTHER THAN THE END-OF-THE-YEAR MESSAGE.

AGAIN HE IS NOT AVAILABLE SO YOU CANNOT CALL HIM, YOU CANNOT TEXT HIM, YOU CANNOT E-MAIL HIM, HE IS DISCONNECTING HE DID HE DID NOT SAY HE'S NOT GOOD TO BE H HERE.

TO ME THAT IS NOT MICROMANAGING BUT HE IF HE'S IN ARLINGTON THAT SO OTHER CITIES DO IT. I ASKED AROUND OTHER MAYORS AND I AM BEING A HARD BECAUSE THAT'S WHAT I'M KNOWN FOR ANOTHER CITIES WHEN THE PERSON LEAVES THE MARKET HERE IS WHO IS IN CHARGE OF THE E-MAIL GOES OUT, SOMEBODY HAPPENS, IT'S COVERED OTHERWISE I DON'T CARE WHAT YOU GUYS DO HAVE A VOTE HOPEFULLY NOTHING EVER HAPPENS WHENEVER NEEDED BUT AS I'M LOOKING FOR THE MAN NEEDS TO RECHARGE IN THE AUDIT TAKE VACATION IN MY HONEST OPINION MORE THROUGHOUT THE YEAR AND WALK AWAY WE HAVE AN ASSISTANT CITY MANAGER WHO USED TO BE A CITY MANAGER SO THEY CAN'T TRUST HIM THEN WE NEED A NEW ASSISTANT CITY MANAGER AND WHEN WE GET BIGGER WE CAN BE SOME OF THE CITIES WITH MULTIPLE ASSISTANT CITY MANAGERS BUT THE REASON I SAY ONE OF THEM NOT BOTH, ONE OF THEM BECAUSE AGAIN ANNA IS VERY NICE BUT SHE'S NOT QUALIFIED TO MAKE DECISIONS. IN THE DIFFERENT EMERGENCY HAPPENS THIS WILL SCARE YOU GUYS, I'M THE MAN THAT CAN BE MAKING A DECISION. OKAY.

IF WE DO HAVE A CHAIN OF COMMAND.

THE ONLY REASON WE WOULD HAVE THIS IS BECAUSE OF AN EMERGENCY AND I'M THE ONE BY THE STATE LAW THAT SAYS TO DO ALL THIS.

IF YOU DON'T WANT ME MAKING THE CHANGES I CAN GUARANTEE YOU IT WOULD BE BETTER TO HAVE QUALIFIED PEOPLE SO I SAY AYE CALL THIS PERSON OVER HERE AND THEY'RE THE ONES TAKING CARE OF IT. THAT'S WHERE WERE AT, HE'S GONE IS SOMETHING BAD HAPPENS I'M TAKING CONTROL I DON'T WANT CONTROL I WANT TO KNOW WHERE MATT IS AND THAT IS OUT THEN

CHIEF IS THE GUY. >> THAT'S WHAT THE E-MAIL SAYS.

>> YOU GOT THAT JAMES IS GONE AND WHERE IS IT.

>> I'M APPOINTING NOT AS ACTING CITY MANAGER HERE'S HIS NUMBER EXCEPT FOR THE FOLLOWING OR 12 HOUR TIME PERIODS IN THE DIFFERENT PERSON THAT IS FOR THOSE FOUR DAYS ONLY AND IF

[02:30:03]

THERE IS ANY PROBLEMS AFTER THOSE TWO YOU HAVE THE CHIEF, ASHLEY, TUMOR PEOPLE AND EVERYTHING'S THERE.

>> IF SOMETHING HAPPENS I'M SO SO-CALLED THAT I GET A HOLD OF

MATT THEN I CALLED DAVID. >> THAT'S WHAT YOU ASKED FOR A CHAIN OF COMMANDS YOU CALL SECOND 3030 THERE.

HIS OUTLINE. I'M CALLING DAVID BUT AFTER THAT SHE FOR ASHLEY AND THAT I PROBABLY GET A CALL ASHLEY FIRST, I DON'T KNOW IF HE HAS ASSISTED EXPERIENCE.

>> WERE NOT GOING TO DOWN 50 PEOPLE THE.

>> YOU SAY THAT IN THE CHAIN COMES IN AND WE HAVE A PROBLEM.

>> DO YOU WANT TO SEE AND THE SPREADSHEET? WE CAN PUT A SPREADSHEET TOGETHER.

>> I WANT TO POLICY SO WHEN I SAY AYE NEED THIS DONE AND THERE'S AN ALARM I DON'T HAVE FIVE PEOPLE BECAUSE YOU.

>> YOU DON'T NEED A POLICY FOR THAT.

>> IT'S WHAT OTHER CITIES DO EVENTUALLY HAVE TO GROW UP AND BE A BIG CITY AND HAVE SOMETHING IN WRITING.

>> YOU WANT TO POLICY THIS IS YOUR IN CHARGE.

>> POINT OF ORDER WERE GOING BACK AND FORTH AGAIN.

>> I DON'T WANT THAT. I WANT TO KNOW WHO'S IN CHARGE OF EACH TIME AND SOMEONE IS QUALIFIED TO RUN THE CITY TO BE HERE RUNNING THE CITY IN THE ABSENCE OF THE CITY MANAGER.

>> BOTTOM LINE. >> THE MAN THAT YOU TRUSTED HIRED DAVID SO I THANK YOU WOULD TRUST DAVID.

>> POINT OF ORDER WERE GOING BACK AND FORTH AGAIN.

>> WAVE MOTION AND THE SECOND IS ANYBODY ELSE WANT TO SPEAK.

>> AND I GET MY FIVE MINUTES. >> THERE DOES NEED TO BE A CHAIN OF COMMAND. I DO AGREE ON THAT.

HOWEVER, I TOTALLY UNDERSTAND, THE MAYOR IS IN CHARGE WHENEVER AN EMERGENCY DOES HAPPEN HE DOES HAVE THE AUTHORITY.

HE GETS INVOLVED, HOWEVER, WE WENT THROUGH A TRAINING WITH BILL ZITO THE EMERGENCY DIRECTOR THAT MOVES FORWARD IN HIS CAREER BUT I FEEL HE HAS SET UP THE CITY WITH THE CITY MANAGER BRINGING ON AN EMERGENCY MANAGEMENT DIRECTOR TO THEN GET ALL THE DIFFERENT PLAYERS BUSY IF AN EMERGENCY HAPPENS SO THAT REQUIRES PD CHIEF YARBROUGH WOULD BE THERE, ASHLEY WOULD BE THERE, THE CITY ENGINEER, RICK WITH PUBLIC WORKS IF ANYTHING HAPPENS THEY WILL ALL BE ON DECK THEY WILL BE HANDS-ON BECAUSE THEY PLAY AN IMPORTANT ROLE IN WHATEVER EMERGENCY MAY BE SAY A TRAINING DEVELOPMENT OR WHEREVER THE TRUCK GOT HIT BY THE TRAIN.

THESE PEOPLE ARE ALL THE LEADERS THE HEADS OF THE DEPARTMENTS AND THEY WILL BE CALLED TO ACTION. YES THERE WILL BE ONE MAN IN CHARGE, MATT IS THE ASSISTANT CITY MANAGER BUT THESE PEOPLE, BILL HAS OPERATIONALLY CHALLENGED THEM AND GOTTEN THEM ORGANIZED SO ALL THESE PEOPLE COMPLAINED THEIR ROLE IN HANDLING ANY KIND OF DUTY THAT THE CITY MAY NEED ATTENTION FOR.

I THINK OUR CITY STAFF IS UP FOR ANY CHALLENGES.

OBVIOUSLY I FEEL LIKE THERE SHOULD BE A CHAIN OF COMMAND I DON'T NECESSARILY THINK -- I DO THINK THAT MATT THE ASSISTANT CITY MANAGER SHOULD BE THE NEXT IN LINE OF COURSE BUT FROM THERE IT NEEDS TO BE THEN FLEXIBLE AS TO WHO IT IS.

CHIEF YARBROUGH. IF MATT IS NOT AVAILABLE SO I CITY MANAGER AND ASSISTANT CITY MANAGER IS NOT AVAILABLE THEN IT NEEDS TO BE DELEGATED BY THE CITY MANAGER, THESE ARE JUST MY THOUGHTS ON THINGS BUT ALSO I FEEL LIKE THE DEPARTMENT HEADS.

THEY WILL GET INTO ACTION IF ANYTHING TERRIBLE HAPPENS OR IS

NEEDED. >> MR. MAYOR CAN YOU RESTATE THE

MOTION ON THE TABLE. >> DIRECT THE CITY MANAGER TO WORK WITH THE CITY ATTORNEY TO COME UP WITH A POLICY FOR THE DELEGATION OF AUTHORITY WHEN HE OR SHE MAY BE OUT OF OFFICE OR

OUT DUE TO DISABILITY. >> SOUNDS GOOD TO ME.

>> ANY OTHER DISCUSSION. HEARING NONE PLEASE CALL ABOUT.

[02:35:02]

>> COUNCIL MEMBER THOMPSON. >> NAY.

>> COUNCIL MEMBER WILCOTT. >> NAY.

>> MAYOR PRO TEM GORDON. >> AYE.

[9.3. Consideration and possible action relating to review of City Attorney legal services provided by Bojorquez Law Firm, PC (Mayor Mike Snyder)]

>> COUNCIL MEMBER KOLAR. >> AYE.

>> COUNCIL MEMBER CLARK. >> AYE.

>> COUNCIL MEMBER THORTON. >> AYE.

>> MOTION PASSES 5 - 2. 9.3, ACTION RELATED TO REVIEW OF CITY ATTORNEY LEGAL SERVICES PROVIDED BY THE LAW FIRM.

WHAT IS PC STAND FOR. >> WHAT IS PC STAND FOR.

>> I DON'T NO. >> PRIVATE COUNCIL.

>> YOU'RE EITHER A PLLC OR A PC. >> I'M MAKING AN.

>> ABOUT THIS UP, I'VE BEEN KEEPING TRACK OF THINGS THIS IS AN ITEM THAT COUNCIL MEMBER CLARK AUTUMN SO HERE WE ARE ALL

THAT YOU TAKE IT OVER. >> FOR ME I HAD HEARD IN THE PAST I THOUGHT WE HAD ONE LAW FIRM MCGINNIS AND THEN THE BOJORQUEZ LAW FIRM IS THE SECOND POSITION AND THEN WE MADE A CHANGE AND THAT UNLIKE ONCE WE MADE A CHANGE WE NEVER MADE A ANOTHER ONE A SECOND POSITION. IS THIS ANOTHER ONE OF THESE THINGS WHERE WE MISSED SOMETHING AND WE WANTED TO CATCH UP THAT WAS ONLY QUESTION AND I DID TALK AND ASKED ALL THE ABOUT THAT AND THERE IS NOTHING LEGISLATIVELY REQUIRED FOR THAT THAT I KNOW

OF. >> SORRY PC STANDS FOR PROFESSIONAL CORPORATION. I HAVE SEVERAL PEOPLE WATCHING

THIS. >> I'M SURE ALAN E-MAILED YOU.

>> I WANTED COUNCIL TO KNOW I SAID OUT ALL OF OUR AGREEMENTS IN THE HISTORY OF IT. THERE WAS A NEWS ARTICLE THAT SUGGESTED WHEN WE WERE APPOINTED WHILE MCGINNIS WAS STILL THE CITY ATTORNEY WE WERE APPOINTED AS A DUAL CITY ATTORNEY SO THAT MIGHT BE WHERE THE CONFUSION CAME FROM.

HERE IS THE PEOPLE IN THE OFFICE THAT HELP US WITH THE TASK THAT WE DO FOR YOU AND JUST TO LET YOU KNOW AS OF TODAY 827 PUBLIC INFORMATION ACT REQUEST THAT WE'VE DONE THIS YEAR.

AARON HAIG ABOUT THE TO THE FAR RIGHT IS THE SECOND ONE THAT DOES IS REQUEST INTO HER LEFT FROM THE AUDIENCE IS PETE WHO'S BEEN WORKING ON THE CMR FORM OF LITIGATION CHIEF FOR THE CITY OF DALLAS USE A WIDE VARIETY OF EXPERIENCE TREAT ALEXANDRIA IS A NEXT PERSON SHE DOES HANDLE A LOT OF MUNICIPAL COURT OF AFFAIRS AND I WANT TO MENTION THE CHARTER WAS UPDATED TO ALLOW THE CITY COUNCIL TO APPOINT THE DEPUTY CITY ATTORNEY TO HANDLE THEM IN A COURT AFFAIRS FOR STATE LAW ALLOWS SO YOU HAVE A DISCIPLINE COURT BEING HANDLED BY ANOTHER ATTORNEY NOT OUR LAW FIRM BUT WE DO HELP ALEXANDRIA IF WE GET SPECIALIZED IN A CIVIL COURT QUESTIONS. THERE IS ANOTHER ATTORNEY HIS NAME IS JOEY AND HE ASSIST WITH TRYING TO GET THE WORK DONE TO THE NEXT PERSON THAT HAS BEEN HERE AND THEN MARK WHO HAS BEEN HERE AND HE WORKS ON YOUR PARKS IN YOUR PUBLIC WORKS CONTRACTING THAT WE DID HE HELP THE RIGHT-OF-WAY ORDINANCE AND MARIANNE WAS A FORMER CITY OF GEORGETOWN SHE HAS OVER 30 YEARS OF EXPERIENCE AND SHE HAD THAT THE RIGHT-OF-WAY ACQUISITION GROUP, THIS LAST YEAR WE DID A RESOLUTION TO ALLOW THE CITY MANAGER SO WE WOULD HAVE TO BRING THEM PIECEMEAL EVERY TIME TO THE CITY COUNCIL FOR CONSIDERATION, DOWN ON THE BOTTOM ROW ARE VARIETY OF PEOPLE BUT THE THIRD ONE IN THE CENTER DID ALL OF HER BUDGETING AND WORKED WITH AND TO UPDATE THE BUDGET. WE HAVE A WIDE VARIETY OF PEOPLE

[02:40:01]

TO HELP WITH THE LEGAL TASKS. I JUST WANTED TO INTRODUCE OUR FIRM. MYSELF, I HAVE BEEN WITNESS UP A LAWYER SINCE SEPTEMBER OF 1987 AND LICENSE SINCE 1984.

I AM HAPPY TO SERVE AS YOUR CITY ATTORNEY AND PROUD TO REPRESENT

YOUR CITY. >> DOES YOUR TEAM ALL LIVE IN

AUSTIN OR ARE THEY AROUND TEXAS. >> THIS IS THE AUSTIN OFFICE, THE ONLY PERSON OUTSIDE IS A SECOND PERSON NEXT TO THE DOUBLE BEEN ON THE BOTTOM, ALAN WHALEN IS ADMISSIBLE COURT JUDGE FOR THE CITY OF GRAPEVINE, WE HAVE A GRAPEVINE OFFICE THAT HE STAFF AND WE HAVE NORTH TEXAS CLIENTS THAT HE DOES BUT I PUT ALAN UP THERE BECAUSE HE HELPS WITH ANY KIND OF COMPLEX NOTICEABLE COURT

STUFF THAT WE HAVE. >> THAT'S A GOOD-LOOKING TEAM.

>> I LIVE IN THE CITY OF PILON VILLAGE AND I'M NOT A CENTRAL TEXAS RESIDENT BUT I DO COME HERE TO MAKE SURE I'M AVAILABLE

WHENEVER THE CITY NEEDS ME. >> I WILL MAKE A MOTION TO CONTINUE THE RELATIONSHIP WITH THE BOJORQUEZ LAW FIRM.

>> SECOND. >> DO WE NEED A MOTION.

>> TO THE HAVE A CONTRACT. >> I WANT TO BE ABLE TO DISCUSS IT I WOULD HAVE A TALK WITHOUT MAKING A MOTION.

>> AT YOUR ITEM SO YOU CAN TALK. >> I JUST PUT IT ON THERE SO

COUNCIL MEMBER CLARK. >> I DO THINK IT IS IMPORTANT TO REAPPOINT BECAUSE WE CAN TERMINATE YOU GUYS ANY POINT IN TIME, WE CAN WALK IN AND TERMINATE.

>> WERE WILLING TO GO. >> I THINK IT'S IMPORTANT WE HAVEN'T DONE THIS SINCE THE TWO YEARS THAT YOU BEEN HERE.

>> ALLEN HAS TAKEN THE OATH OF OFFICE BECAUSE IN THE ORIGINAL CONTRACT HE WAS NAMED AS A CITY ATTORNEY AND I WOULD BE MORE THAN HAPPY TO TAKE THE OATH OF OFFICE AS YOUR CITY ATTORNEY IF

YOU WANT TO DO THAT. >> I'M HAPPY WITH WHERE WE ARE AT BUT I DO WANT TO MAKE SURE WITH THE CHARTER I WANT TO MAKE SURE THAT WERE UTILIZING ALL OF YOUR SERVICES.

THERE ARE TIMES I FEEL LIKE HERE'S HOW I'M ACCUSTOM OF DOING IT. IF SOMEONE FROM THE CITY NEEDS TO HAVE SOMEBODY FROM THE CITY'S ATTORNEY'S OFFICE PRESENT WHEN WE ARE IN MEETINGS WITH OTHER ATTORNEYS.

I DON'T NO THAT ALWAYS HAPPENS BUT I THINK IT SHOULD ALWAYS HAPPEN. WHEN THEY REPRESENTED BY AN ATTORNEY I THINK WE NEED REPRESENTATION TO NOT THAT I DISTRUST STAFFER DON'T THINK THEY CAN HANDLE IT BUT STAFF IS NOT THE CITY ATTORNEY. WHEN WE GO DOWN AND PRESENTED STUFF OVER MY TIME ON COUNCIL THAT DID NOT GET THE BLESSING OF THE CITY ATTORNEY IT ALWAYS MAKES ME WONDER WHY IS THIS COMING TO US. IN A WAY BY REAPPOINTING YOUR LAW FIRM YOU AS HER CITY ATTORNEY I'M HOPING TO SEND A MESSAGE OUT TO THE PUBLIC IN WHOEVER WE DEAL WITH THAT BEFORE AGREEMENTS COME TO THIS COUNCIL THEY SHOULD BE VETTED BY THE CITY ATTORNEY SO WE CAN HOLD THE CITY ATTORNEY RESPONSIBLE FOR THINGS THAT DON'T MATCH AND WERE LOOKING FOR BUT IF WE DON'T HAVE A CLEAR CHAIN OF COMMANDS IN A CLEAR PATH THAT EVERYBODY STARTS FINGER-POINTING WHEN SOMETHING GOES WRONG AND THAT'S WHAT I'M ACCUSTOMED TO BUT I THINK IT'S IMPORTANT TO PUT IT OUT THERE.

>> AND I MAKE ANOTHER COMMENT TO YOUR STATEMENT.

OUR CITY ATTORNEY OR ATTORNEY ETHICAL RULES REQUIRED IF WE ARE AN ATTORNEY AND WE KNOW SOMEBODY IS REPRESENTED BY AN ATTORNEY THAT WE CONTACT THAT PERSON. IF AN E-MAIL COMES TO THE CITY STAFF MEMBER FROM AN ATTORNEY, THAT ATTORNEY KNOWS WHO THE CITY ATTORNEY IS AND NEEDS TO COPY THE CITY ATTORNEY IT DOES NOT NECESSARILY MEAN I'M GETTING TO A BUNCH OF WORK BECAUSE I'M COPIED ON A LOT OF STUFF AND I ONLY DO WORK WHEN I FOLLOW-UP TO MAKE SURE EXACTLY WHAT I NEED TO WORK ON BUT IF THEY ARE NEGOTIATED WITH STAFF AND THERE IS A SERIES OF E-MAILS THAT HAVE OCCURRED OVER MONTHS THAT I AM NOT EVEN COPIED ON WHERE I GLANCE THROUGH THEIR AND LET THE STAFF MEMBER NO, HERE'S SOMETHING YOU NEED TO CONSIDER LEGALLY, THAT IS MY JOB AND THAT'S THEIR ETHICAL DUTY TO COPY ME ON THE E-MAILS.

>> ALL FINISH MY TIME WITH A QUICK FUNNY THING.

ONE TIME EARLY ON SHE WAS DRIVING FROM DALLAS AND I WAS NOT HAPPY BECAUSE I WAS AFRAID WE WERE PAYING FOR THE TRIP

[02:45:04]

COMING DOWN. >> YOU DO NOT PAY FOR MY TRIP COMING DOWN HERE YOU WOULD LIKE DON'T WORRY I'M NOT CHARGING YOU FOR THE DRIVETIME DOWN AND I WAS LIKE IF YOU GET THE CHARGES WE NEED SOMEBODY LOCAL AND I'M LIKE WERE KNOCKING TO PAY FROM THE DRIVETIME FROM DALLAS SO DOTTIE HAS ALWAYS BEEN COGNIZANT OF COST AND ATTORNEYS ARE EXPENSIVE AND A LOT OF CITIES ATTORNEYS RUN THEIR SALARIES ALMOST AS HIGH OR HIGHER THAN THE CITY MANAGER BUT IT'S LIKE A GOOD ENGINEER.

IF YOU DO IT RIGHT YOU SAVE MILLIONS IN THE END AND IF YOU'RE WRONG AND YOU DIDN'T SAVE ANY MONEY.

I DON'T KNOW IF YOU REMEMBER THAT.

I WAS CRITICAL OF THE COST FROM DAY ONE.

>> MOST OF THE PUBLIC KNOWS I DO TRAVEL HERE I PAY MY OWN TRAVEL EXPENSES TO GET HERE AND I TRY TO USE MY TIME WISELY SOMETIMES SOMEBODY WILL CALL ME AND I'LL SAY I'M IN THE CAR LIST DISCUSS AND WHEN I'M IN THE OFFICE WILL DO THE ACTUAL WORK BUT I DO TRY TO USE THE TIME WISELY FOR THE BENEFIT OF THE CLIENT.

>> ANY OTHER DISCUSSION ON THE MOTION FOR THE ITEM.

>> I WOULD LIKE TO MAKE THE AMENDMENT TO ASK DOTTIE TO TAKE THE OATH SINCE SHE'S HERE ALL THE TIME IN SIMI VALLEY.

>> I'M GOOD WITH THAT. >> CAN YOU TAKE THE OATH

TONIGHT. >> I CAN GO TO THE PODIUM AND

TAKE THE OATH. >> TO HAVE IT MEMORIZED.

>> I DON'T KNOW IT. >> ALL TAKEN LATER.

>> WILL DO IT JANUARY. >> THE NEXT MEETING WE MET

PERFECT. >> ANY OTHER DISCUSSION.

HEARING NONE PLEASE CALL THE VOTE.

>> MAYOR PRO TEM GORDON. >> AYE.

>> COUNCIL MEMBER KOLAR. >> AYE.

COUNCIL MEMBER THORTON. >> AYE.

[9.4. Consideration and possible action on development a City game room ordinance (Mayor Mike Snyder)]

>> AYE. >> MOTION PASSES 7- 0.

NEXT ITEM 9.4 POSSIBLE ACTION ON DEVELOPMENT OF CITY GAME ROOM ORDINANCE. ALSO KNOWN AS A SWEEPSTAKES GAME ROOM. WE HAVE TWO IN THE CITY OF HUTTO ONE MORE DEVOTED THAN THE OTHER, STUFF EASES ONE IN THE LUCKY HIPPO IS THE OTHER AND AGAIN, UNTIL THE CITY MANAGER AND BREAKING THE RULE TWICE I SAID WE NEED TO REGULATE AND MANAGE AND TAX IF YOU WILL THESE GUYS AS WELL AND A MANNER.

RIGHT NOW A LOT OF CITIES HAVE ORDINANCES IN PLACE IN THE ORDINANCE THAT YOU HAVE THAT WAS IN OUR PACKET IS FROM THE CITY OF GERALD MODIFIED A LITTLE BIT AND TO BE QUITE HONEST IT'S BROUGHT UP BY THE SWEEPSTAKES GAME PERSON WONDERING HOW COME WE DON'T HAVE ONE. WHEREVER HE GOES THERE ARE POLICIES FOR THIS. MY IDEA IS TO ASSESS CITY COUNCIL TO DIRECT STAFF TO GO THROUGH THE ORDINANCE AND BRING BACK SOMETHING FOR US TO LOOK AT AND HAVE A VOTE TO APPROVE OR NOT APPROVE WITH THE INTENT OF NOT NECESSARILY SAYING PEOPLE ARE FOR OR AGAINST SWEEPSTAKES GAMING BUT WERE GOING TO HAVE IT AND OUT OF BE PERMITTED LIKE EVERYTHING ELSE AND THEY SHOULD PAY A FEE FOR THAT AND IT SHOULD BE REQUIRED MINUTES BY CHURCH, SCHOOLS AND DAYCARE SINCE ONE NOT HAVE A WHOLE ■BUNCH CLUSTERD TOGETHER. IT KIND OF LED TO THIS.

>> THIS WOULD INCLUDE LETTING HPD BE ABLE TO GO WHEN AND DO INSPECTIONS AND THINGS LIKE THAT AND MAKING SURE THERE IS NO ILLEGAL MACHINES OR THINGS LIKE THAT IT WOULD JUST BE THE HALL

GET NET FOR THE ORDINANCE. >> YOU CAN BRING BEER AND ALCOHOL BUT YOU CANNOT SERVE IT TO MAKE SURE SOMEONE DOESN'T HAVE ONE, RIGHT NOW I DON'T KNOW WHAT HAPPENS IF THEY GET A COMPLAINT WE DON'T REALLY HAVE ANY RULES.

>> UPON RESEARCHING THIS ITEM I FOUND THE CITY OF MAINE OR HAS SOMETHING SIMILAR SO I THINK IT WOULD BE APPROPRIATE TO HAVE AN ORDINANCE FOR GAMING ROOMS. I THINK THIS IS APPROPRIATE,

THANK YOU FOR BRINGING THIS. >> IS THAT A MOTION TO DIRECT

STAFF? >> ALL MAKE THE MOTION.

>> SECOND. >> OKAY.

[02:50:02]

>> I JUST WANT TO MAKE SURE THAT WE HAVE THE EXCLUDED MACHINES SO FOR AN EXAMPLE WE WILL BE HAVING A MOVIE THEATER COMING AND I DON'T KNOW IF YOU BEEN TO DAVE AND BUSTERS AND YOU HAVE ALL THESE WERE YOU WHEN TICKETS AND YOU CAN GET CANDY AND PRIZES OF THE KIDS LOVE TO DO YOU DON'T WANT THAT TO BE EXCLUDED AND HAVE TO PAY FEES FOR THAT BECAUSE THAT'S THE ENTERTAINMENT VALUE FOR CHILDREN WHO ARE NOT GAMBLING AND IT'S NOT THEIR THING AND THEY DO SERVE ALCOHOL THAT IS THE INTENT.

I WANT TO MAKE SURE WE DON'T SCREW OVER THAT THE DIFFERENTIATION IN ONE PLACE IS DEDICATED FOR THE LUCKY HIPPO, WE ALSO HAD ANOTHER COMPANY THAT DID NOT WORK OUT THAT WAS GOING TO DO AN ARCADE PLACE BUT THEY WERE GOING TO GET COINS AND STUFFED ANIMALS JUST LIKE ANY POP-UP IT'S ANOTHER EXAMPLE WHERE THEY HAVE ARCADE I WOULD MAKE SURE.

>> I SEE IS EXCLUDED. >> WERE USED TO ON THE QUESTION

ROUND OR WHERE WE AT. >> WERE ON THE MOTION.

>> I'M TALKING MY FIVE MINUTES. I WANT TO MAKE SURE WILL BECOME A THE POLICY WE CARVE OUT FOR THOSE BECAUSE I SAW SPECIFICALLY A COIN TOSS OR DROPPABLE. IT SAYS THEREFORE INCLUDING BASKETBALL, SKI BALL, GOLF, BOWLING BUT ALL THESE ELECTRONIC ONES IN THE ARCADE SPACE THAT ARE NOT A GAMBLING TYPE LIKE YOU

SEE IN VEGAS. >> THAT IS ALL I HAD.

>> ALL BE FORTHRIGHT AND SAY I'M AGAINST REGULATING THIS AND CREATING AN ORDINANCE FOR GAME ROOMS. IT'S CLEAR THERE ARE TWO IN THE CITY THAT WAS PRESENTED.

I'M NOT QUITE SURE WHAT PROBLEM WERE FIXING FROM THIS I DON'T KNOW IF THIS IS A PROBLEM IN IF THE GAME ROOMS ARE A PROBLEM I DON'T LOVE THE POLICE DEPARTMENT HAS AN ISSUE WITH SOME SIDE GAMBLING ON THE SIDE BECAUSE OBVIOUSLY THE MACHINE, IT IS NOT GAMBLING BUT IT'S GAMING OF THE SORT SO I DON'T KNOW PD HAS HAD ISSUES WITH PEOPLE WANTING THE MACHINE BECAUSE THERE'S NOT ENOUGH MACHINES AND THERE'S FIGHTS IN THE BARS BECAUSE OF IT I'M NOT QUITE SURE WHAT THE PROBLEM IS THAT WERE TRYING TO FIX FOR TWO BUSINESSES OR TWO GAME ROOM OPERATORS THAT CURRENTLY OPERATE IN THE CITY OF HUTTO ALSO WHAT KIND OF MANPOWER IS THIS GOING TO TAKE FOR SOMEBODY TO UNDERSTAND THE RULES AND REGULATIONS THERE AUTHORIZED IN THE LOCAL GOVERNMENT CODE BUT OBVIOUSLY WE WILL NEED A CITY STAFF MEMBER AND I DON'T KNOW IF THAT PERSON WOULD BE IN THE POLICE DEPARTMENT OR SOMEBODY ON CITY STAFF. I THINK THAT WOULD REQUIRE AN FTE AND ALSO THINKING BEYOND THAT THE FTE THEIR JOB WOULD BE TO GO THROUGH THE ORDINANCE OF PAST TWO INSPECTED REGULATE TWO LOCATIONS IN. IT IS A DIFFERENT STORY IF WE HAVE A PLETHORA OF THE GAME ROOMS AND MACHINES AND MAY BE A PROBLEMATIC THING THAT IS OCCURRING IN THE CITY OF HUTTO.

I DON'T THINK IT'S WORTH AN FTE BUT I THINK SOMEONE IS REQUIRED TO BE KNOWLEDGEABLE OF THIS REGULATION OF THE GAME ROOMS AND THE CITY. THERE IS ALSO MENTIONING THE MAINER ORGANISTS AND THERE'S ACTUALLY NO FEE.

THERE IS NO NUMBER SO THE CITY OF MAYNARD DOESN'T THEY JUST REGULATED WITH PERMITS AND PAPERWORK AND I THINK THIS IS AN OPPORTUNITY TO CREATE BUSYWORK FOR SOMEONE IN THE CITY AND TO BE BURDENSOME ON BUSINESSES AND THAT WOULD BE TWO BUSINESSES CURRENTLY IN THE CITY OF HUTTO, STEPHANIE IS IN LUCKY HIPPO.

THAT'S WHERE I'M AT WITH THIS I DO PLAN ON VOTING NO I DON'T WANT THE CITY TO REGULATE THE TWO BUSINESSES THAT ARE OPERATING. OBVIOUSLY IF THERE ARE MORE AND IT BECOMES A PROBLEM THEN WE NEED TO UPDATE ORDINANCE TO MAKE SURE THAT WE HAVE TABS ON THEM BUT RIGHT NOW I DON'T SEE WHAT THE PROBLEM IS THAT WE ARE TRYING TO FIX CURRENTLY.

>> CAN WE TAX ON I JUST WANT TO GET TAXES ON.

>> I DON'T KNOW. >> WHERE IS DOTTIE CAN WE PUT

[02:55:06]

THAT IN THE PERMIT GAMING TAX. CAN WE DO A GAMING TAX?

>> I WILL TAKE REVENUE FROM WHEREVER WE CAN.

>> I DON'T THANK YOU CAN I THINK IT'S ABOUT THE PERMITTING.

>> THIS IS FOR CHARITY. >> THIS IS FOR CHARITY TELL ME

HOW THAT WORKS. >> THERE IS NO GAMBLING ALLOWED IN THE STATE OF TEXAS UNLESS YOU'RE ON AN INDIAN RESERVATION.

WHAT IS THE PLACE TAKES A POT UNDER PROFIT IN THEIR PAYOUT BUT SOME PERCENTAGE HAS TO GO TO A 5O1C FROM WHAT I UNDERSTAND THEY GOT AROUND THE LAW I DON'T KNOW THE AMOUNT BUT THE PERCENTAGE OF THE AMUSEMENT MACHINE INSTEAD OF LINING THE POCKETS OF THE CASINO

GOES TO THE 501C. >> MORE LIKE HOW THEY CUT THE CHECK FOR THE HUTTO RESOURCE CENTER.

>> BASICALLY WANTED TAX BUT NO THE EARLY DOING A PUBLIC BEN BENEFIT. BUT MAYBE WITH THE ORDINANCE YOU CAN SAY IT HAS TO BE A CHARITY WITHIN SIDE OF THE CITY LIMITS OF HUTTO WHICH I THINK THAT WOULD BE WHEN I LOOK AT THE

PERMITTING. >> HE IS RIGHT.

>> I DON'T KNOW THE PERCENT BUT THAT'S WHAT MAKES IT LEGAL.

>> IS IT 8% SET BY THE STATE. >> I THINK IT SET BY THE STATE I

WOULD HAVE AS OPERATOR. >> I DON'T THINK IT WILL TAKE AN FTE TO SOLVE THIS BECAUSE WE ONLY HAVE TWO BUT IT'S A MATTER OF MAKING SURE THERE OPERATING CORRECTLY OR BASICALLY SOMEBODY HAS TO NO HOW THESE THINGS WORK SO THEY CAN GO IN AND SAY YOU CAN'T DO THAT. YOU BRING UP A GOOD QUESTION WHAT PROBLEM DOES IT SOLVE. IT'S MORE IMPORTANT TO SET GUIDELINES TODAY BEFORE YOU HAVE THE PROBLEM AND BEFORE YOU HAVE 20 OF THEM BECAUSE WHEN YOU HAVE 20 YOU GO TO THE INSTITUTE RULES AND IT'S LIKE WHEN AUSTIN WAITED UNTIL EVERYBODY HAD A SCOOTER AND THEN THEY TRIED TO PASS IT TO BAN SCOOTERS OR REGULATE THEM AND BY THE TIME EVERYBODY IS THERE YOU CANNOT DO IT.

HERE ONE OF THE OPERATORS IS QUESTIONING HOW COME PSEUDO- ORDINANCE IT'S UNUSUAL FOR THEM SO THEY'RE PROPOSING THAT YOU PROBABLY SHOULD DO THIS AND IS NOT ANTICOMPETITIVE BECAUSE ALL THEY PROPOSE IS YOU CAN'T HAVE MORE THAN ONE AND YOU CAN BE BY A SCHOOL OR OTHER THINGS. VISTA OPENS IT UP FOR A LOT OF PEOPLE OPERATE IN IF THEY'RE WILLING TO PAY, I DID NOT TALK TO THE GUY BUT IF THEY'RE WILLING TO PAY A SMALL FEE TO MAKE SURE IT'S DONE RIGHT I THINK THAT'S HOW YOU GET A TAXING REVENUE AND HELP OFFSET THE EFFORT.

THE LAST THING IT DOES, I WAS TELLING THE CITY MANAGER I DON'T WANT TO TALK ABOUT IN PUBLIC WHOLE LOT BUT IT HELPS WITH THE BANKING A LITTLE BIT RIGHT NOW CASH BUSINESS SO I DON'T KNOW IF THERE'S A LOT OF ISSUES RIGHT NOW I DON'T KNOW HOW MUCH IS THERE BUT THIS ALLOWS A LITTLE BIT DIFFERENT MECHANISM TO WHERE THEY CAN OPERATE IN THE BANKING SYSTEM BECAUSE OTHER CITIES HAVE ORDINANCES ALLOW THAT TO HAPPEN AND APPARENTLY BANKS DON'T LIKE THE BUSINESS ... ORDINANCE, NO ORDINANCE NO BANKING RIGHT NOW THEY HAVE A SECURITY GUARD THAT IS THERE I'M NECKING TO SAY AND THERE EVERY NIGHT BUT I HAVE BEEN THERE AND I SAID WHO'S THAT GUY I'VE SEEN MORE THAN ONCE. HE LOOKED LIKE HE IS AN ATTACK OFFICER. IT'S NOT LIKE MARIJUANA WAS COMPLETELY ILLEGAL. IT'S LEGAL IN THE CODE AND BANKS REQUIRE CERTAIN THINGS AND WE DON'T HAVE THAT OTHER CITIES HAVE IMPLEMENTED IT. AND THIS IS THEIR WAY OF COMPLYING WITH BANKING AND MAKING SURE WE HAVE A SYSTEM IN PLACE. I THINK I TOLD YOU EVERYTHING.

>> ANYWAY. >> DOES THIS REGULATE THE CASINO NIGHT THAT WE DO FOR THE HOLIDAY CHRISTMAS PARTY.

>> I HOPE NOT. >> WHY NOT ISN'T THAT GAMBLING

WERE WE GAMBLING. >> YOU DON'T HAVE ANY REAL

MONEY. >> ON BEING A SMART ALEC FOR THE BENEFIT OF A COUPLE PEOPLE. I DID NOT UNDERSTAND THIS BECAUSE I DON'T PARTICIPATE IN THESE THINGS.

IT MAKES SENSE WE WOULD WANT TO REGULATE SOMETHING AND IT SOUNDS

[03:00:02]

LIKE THESE PEOPLE ARE NOT AGAINST IT THERE COMING UP TO US SAY WHY ARE WE DOING THIS. IT TOTALLY MAKES SENSE THAT WE SHOULD GO AHEAD AND DO THIS SO WE CAN BE AWARE OF WHAT IS AWARE AND I LIKE THE MAYOR'S POINT MAYBE WE START NOW BEFORE WE

HAVE A WHOLE BUNCH OF PLACE. >> THAT'LL BE MY LAST REGULATE

AND TAX ITEM OF THE YEAR. >> MY ONLY QUESTION ARE YOU ABLE TO DIRECT WHERE AND WHAT CHARITIES CAN BE RELATED TO HUTTO CHARITIES WHEN WE HAVE THE PERMITTING PROCESS THAT WOULD BE

THE OTHER CHANGE. >> WE CAN LOOK AT THE EXCEPTION AS AUTHORIZED FOR THE CHARITABLE EVENTS.

>> I DON'T THINK THAT WAS THE QUESTION.

THE QUESTION WAS CAN WE MAKE THEM GIVE IT TO HUTTO CHARITIES?

>> YOU CANNOT HAVE THE MACHINE UNLESS YOU GIVING SOME

PERCENTAGE TO CHARITY. >> LET'S TAKE A LOOK AT THAT.

>> MAY BE CAN GIVE A RECOMMENDED LIST.

>> I WOULD SHY AWAY ABOUT TELLING THEM WHERE TO GO I KNOW THEY GIVE TO THE FALLEN SOLDIERS IN THE GIVE TO HUTTO RESOURCE SO THEY'RE BRINGING US UP AND IF THEY BRING IT UP AND WE SAY WE HAVE A GREAT IDEA YOU CANNOT GIVE TO ANYBODY UNLESS CERTAIN HUTTO. I THINK YOU'RE TRYING TO DO THE RIGHT THING. I THINK IT'S WORTH LOOKING AT.

HEARING NOTHING ELSE. PLEASE CALL THE VOTE.

>> WHAT WAS THE MOTION TO DIRECT STAFF TO BRING BACK A POLICY.

>> AND ORDINANCE. >> MAYOR PRO TEM GORDON.

>> AYE. >> COUNCIL MEMBER CORA LAHR.

>> AYE. >> COUNCIL MEMBER WILCOX.

[10. CONSENT AGENDA ITEMS]

>> MAYOR THOMPSON. >> AYE.

>> MOTION PASSES 6 - ONE. NEXT CONSENT AGENDA ARE THERE ANY ITEMS COUNCIL WISHES TO PULL.

>> I WOULD LIKE TO MAKE A MOTION TO APPROVE ALL THAT IS PRES

PRESENTED. >> 'S ARE NOTHING ANYBODY WANTS

TO PULL. >> I WILL SECOND HIS MOTION.

I WOULD LIKE TO AMEND THAT TO PULL 10.4, 10.5, 10.8, 10.9.

>> 10.4, 10.5, 10.8 AND 10.9. IS THERE A SECOND.

WE HAVE TO AMEND IF YOU GUYS ARE OKAY WITH THAT.

>> AND 52ND ALL SECOND. A SUMMARY WAS TO PULL SOMETHING I THINK WE SHOULD ALWAYS PULL IT OTHERWISE IS ON THE CONSENT.

>> FOUR, FIVE, EIGHT AND NINE. >> MOTION BY MAYOR SNYDER SECOND BY COUNCIL MEMBER THORTON TO PULL FOUR, EIGHT, NINE IN

DISCUSSION ON THE MOTION. >> FOUR, FIVE, EIGHT AND NINE.

HEARING VOTE. >> COUNCIL MEMBER THORTON.

>> MAYOR SNYDER. >> COUNCIL MEMBER KOLAR.

>> COUNCIL MEMBER CLARK. >> MAYOR PRO TEM GORDON.

>> COUNCIL MEMBER THOMPSON. >> COUNCIL MEMBER WILCOTT.

>> MOTION PASSES 70 MEXICO. TO APPROVE 101, 10 TO, 106, 107 AS PRESENTED, ANY DISCUSSION ON THAT, HEARING NONE PLEASE CALL

THE VOTE. >> COUNCIL MEMBER WILCOTT.

>> AYE. >> COUNCIL MEMBER THOMPSON.

>> AYE. >> MAYOR PRO TEM GORDON.

>> AYE. >> COUNCIL MEMBER KOLAR.

>> COUNCIL MEMBER THORTON. >> AYE.

[10.4. Consideration and acceptance of November 2023 Monthly Financial Statement. (Anne LaMere)]

>> MOTION PASSES 70 MEXICO 10.4 CONSIDERATION OF ACCEPTANCE 2023 MONTHLY FINANCIAL STATEMENT. I HAD A QUESTION I WANT TO MAKE SURE I READ THIS RIGHT, I HAVE IT PRINTED HERE.

IT KIND OF SPOOKED ME IN MY READING THIS RIGHT THAT THE OCTOBER REVENUE ACTUALS ARE GOING TO BE 8 - 13 IS UNDER BUDGET? IT SAYS 938 AND DOWN HERE OCTOBERS ACTUALS WILL BE SURE TO 813 - 117.

[03:05:05]

>> FOR THE RECORD I BELIEVE YOU'RE ASKING ABOUT SALES TAX REVENUE FOR THE MONTH OF OCTOBER AND YES THAT IS TRUE.

>> OKAY, THAT IS SOMETHING ONLY ONE TIME BUT THE FIRST TIME SINCE I'VE BEEN ON COUNCIL NO REVENUES HAVE COME IN UNDER BUDGET BUT THEY WERE OVER LAST YEAR IT WAS ONLY 5% UNDER AND $41000 SO IT'S NOT LIKE THE WORLD IS FALLING.

>> THE WAY THAT WE LOOKED AT THE BUDGET WAS PUT IN THERE BY MONTH BASED ON LAST YEAR AND APPEAR CALCULATION TAKE THE TOTAL TAX AND SPLIT IT THE SAME WAY THAT HE CAME IN LAST YEAR.

HOWEVER, ONE OF THE REASONS WHY WE INCREASE SALES TAX REVENUE BECAUSE WE KNEW WE HAD ACADEMY COMING ON BOARD.

ACADEMY DID NOT OPEN ITS DOORS UNTIL NOVEMBER 16 WE ALSO HAD EVO COMMITTED AND OTHER RESIDENTS COMING IN THAT WILL INCREASE OUR MONIES COMING IN FROM ONLINE SALES SUCH AS AMAZON AND WALMART. WE PROBABLY WOULD ADJUST THE REVENUE TO BACKLOADED INTO THE LATER MONTHS OF THE YEAR AND NOT THE EARLIER MONTHS. I'M VERY CONFIDENT THAT YOUR SALES TAX REVENUE WILL BE FINE FOR THE SHEER.

>> AND I HAVE A FOLLOW-UP QUESTION.

>> THE ONE THING I WOULD ASK BECAUSE I KNOW YOU'LL BE LEAVING UNFORTUNATELY THAT YOUR SUCCESSOR KNOWS WHEN THEY'RE DOING THE BUDGET SALES TAX FORECAST THAT THEY LOOK AT ALL THE INCENTIVE AGREEMENTS THAT ARE GOOD AND NEGATE THE SALES TAX GAINS THAT YOU MAY HAVE BEEN COUNTING ON BECAUSE FOR THE FIRST TWO YEARS ACADEMY IS NOT GOING TO CONTRIBUTE TO SALES TAX IT WILL PROPERTY BUT NOT SALES. IF YOU SAID IN YOUR STATEMENT ACADEMY WOULD BE OPENING IF YOU LOOK AT THE SALES AGREEMENT YOU SHOULD NOT ACCOUNTED FOR FISCAL YEAR NEXT YEAR FOR EXAMPLE AT ALL. I THINK THAT IS A GAP THAT I SEE IN YOUR SALES TAX BUDGETING THAT I WANT TO BRING UP TO YOUR

ATTENTION. >> THANK YOU I WILL GO BACK AND LOOK AT THAT, THAT IS A GOOD POINT.

>> AGAIN NORMALLY I TALK ABOUT THESE AND I DIDN'T THIS WEEK BECAUSE I WANTED TO MAKE SURE I DID NOT WRITE AND AGAIN, A ONE MONTH DEAL AND IT'S 120,000 MORE THAN LAST YEAR BUT EVERY THREE MONTHS AND I'LL TELL THE CITY MANAGER AND STARTING TO GET NERVOUS BECAUSE WERE 400,000 400 UNDER AND WERE MAKING THAT UP BECAUSE I'M ASSUMING WE WILL HAVE TO START CUTTING SOMETHING BUT I'M HOPEFUL THE OTHER THINGS HAPPEN AND ALL OF THAT WE DON'T ACTUALLY HAVE TO ACT ON THIS I JUST HAD A QUESTION THAT I

WANTED TO ASK. >> THANK YOU.

[10.5. Consideration and possible action relating to Resolution No. R-2023-339 approving the First Amendment to the Contract for the Wholesale Delivery and Sale of Potable Water Effective September 12, 2023, between City of Hutto and Recharge Water, L.P. to provide additional time to secure financing (City Manager James Earp)]

>> YES, MA'AM. >> IF EVERYBODY'S OKAY WE WILL MOVE ON TO 10.5. CONSIDERATION OF POSSIBLE ACTION RELATED TO OUR-2023 E- 339 APPROVING THE FIRST AMENDMENT TO THE CONTRACT FOR THE WHOLESALE DELIVERY IN SALE OF AUDIBLE WATER SEPTEMBER 12, 2023 BETWEEN CITY OF HUTTO IN RECHARGE LP TO PROVIDE ADDITIONAL TIME TO SECURE FINANCING.

I PULLED THIS, CAN WE TALK ABOUT ANYTHING ON THIS OR THE LETTER

WE RECEIVED OR IS NOT -- >> WHAT LETTER.

>> WHAT THEY LAID OUT WHAT THEY'VE ACCOMPLISHED TO THIS

POINT. >> THE BARRIERS TO ENTRY IN THE POSSIBILITY IF THEY DON'T GET FINANCED THAT LETTER.

>> THE REASON FOR THE EXTENSION IS FOR THEM TO WORK ON THEIR FINANCING. ONE OF THE BARRIERS THE INDICATED SOME OF THE LENDERS DON'T LIKE THE LANGUAGE THAT WE PUT IN THEIR THE NON- APPROPRIATION BECAUSE THAT WERE REQUIRED TO BY THE CONSTITUTION SO THAT IS ONE OF THE ISSUES WERE TRYING TO WORK WITH THEM AND THEIR LENDERS TO BE ABLE TO

UNDERSTAND. >> THE REASON I BROUGHT THIS UP ONE OF THE REASONS I'VE BEEN REALLY CONCERNED ABOUT WATER WILL BEGIN A LETTER THAT SAYS IF WE DON'T GET FINANCED WE'RE GOING TO TERMINATE THE DEAL AND THIS IS THE ONLY WATER DEAL WE HAVE FOR THE NEXT TWO YEARS THAT'S WHY I'M REALLY SENSITIVE TO ISSUING L UES OUT TO PEOPLE KNOWING IF WE DO ALL OF THAT AND SAY IT'S ONGOING MEANWHILE THESE GUYS IN 30 DAYS SAY WE CAN'T DO IT WILL BE TO HAVE THE WATER SUPPLY AND THIS FIX THAT WE

[03:10:03]

THOUGHT WE HAD IN TWO YEARS IS GONE AND THE NEXT IS FIVE YEARS THERE WERE ALMOST CERTAINLY GOING TO HAVE AN ISSUE WITH THE WATER BECAUSE THE NEXT WILL TAKE TWO YEARS STARTING TO DATE.

SOMEONE ASKED ME WHAT DOES THAT MEAN SECURE FINANCING AND I SAID THE DEBT MARKET IS NOT AS FORGIVING AS IT USED TO BE IS WHAT IT APPEARS BUT I DON'T HOW MUCH I CAN TELL YOU.

I DON'T WANT PEOPLE TO HIT YOU GUYS UP FOR A BUNCH OF INFORMATION BUT I DO WANT PEOPLE TO SAY AYE UNDERSTAND WHAT THE MAYOR IS SO CONCERNED ABOUT WATER WE HAVE A DEAL GIVEN MORE TIME TO GET FINANCING OTHERWISE THEY TELL US THE HALF DETERMINING AND ASKING TO BE A PROBLEM SO HOPEFULLY WE GET

WORKED OUT. >> AND I MAKE A MOTION TO APPROVE RESOLUTION ARE 2023 - 339 AS PRESENTED.

>> SECOND. >> MOTION BY COUNCIL MEMBER CLARK SECOND BY MAYOR PRO TEM GORDON, ANY OTHER DISCUSSION?

>> HEARING ON CALL ABOUT. >> MAYOR PRO TEM GORDON.

>> AYE. >> COUNCIL MEMBER KOLAR.

>> AYE. >> COUNCIL MEMBER THORTON.

>> AYE. >> COUNCIL MEMBER THOMPSON.

>> AYE. >> I NEED TO WAIT FOR COUNCIL

MEMBER. >> THE MOTION PASSES 6.

WOULD YOU LIKE TO VOTE. >> AYE.

>> I ALWAYS GO TO THE BATHROOM AT THE WRONG TIME.

[10.8. 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 (Second Reading) (Legal)]

ITEM 10 .82023 - 75 AMENDING CHAPTER 18 STREETS IN PUBLIC PLACES ARTICLE 18.3 TO PROVIDE FOR CONSTRUCTION REQUIREMENTS INSURANCE BONDING ENFORCEMENT FOR REPEALING ORDINANCE IN CONFLICT TO PROVIDE FOR AN EFFECTIVE DATE.

>> IS A SECOND READING. >> WE TABLE THIS LAST TIME.

>> THE MAIN CHANGES THAT WE MADE BECAUSE YOU HAD A COMPREHENSIVE RIGHT AWAY ORDINANCE AS A RESULT OF LEGISLATION THAT HAD PASSED RELATING TO SMALL CELL NODES IN YOUR RIGHT AWAY.

WHAT WE DID WAS UPDATE THAT AND INCLUDED THE PUBLIC RIGHT-OF-WAY WHICH IS WHERE THE NEW FIBER COMPANIES THAT ARE COMING IN ARE DESTROYING THE CITIZENS YARDS. IT IS EXPANDED PUBLIC SERVICE PROVIDER IS A DEFINED TERM IN THE ORDINANCE AND IT INCLUDES A FIBER COMPANIES AND WE ADOPTED THE RIGHT-OF-WAY CONSTRUCTION MANUAL LAST TIME BY RESOLUTION THAT CALLED OUT THE ORDINANCE THEY HAVE TO FOLLOW THEIR INSURANCE AND BONDING REQUIREMENTS AND THERE'S MORE ENFORCEMENT UNDER PENALTIES.

>> MY ONLY CONCERN IN SECTION TWO ENACTMENT IS SAYS IS HEREBY AMENDED WITH ATTACHMENT A WHICH IS ATTACHED AND INCORPORATED IN THIS ORDINANCE BUT THERE IS NO ATTACHMENT A.

>> IT WAS IN YOUR POCKET BUT IN THE WRONG PLACE AND THAT I SENT IT OUT I BELIEVE THE UPDATED ONE.

>> MY APOLOGIES. >> IT WAS ADDED AT THE END OF

THE PACKET. >> OKAY.

>> MAYOR I WOULD LIKE TO MAKE A MOTION TO APPROVE ORDINANCE

-2023 JOSH 75 AS PRESENTED. >> DO WE HAVE A SECOND?

>> SECOND. >> SECOND BY COUNCIL MEMBER WILCOTT. ANY OTHER DISCUSSION.

>> I WANT TO SAY THANK YOU FOR STAFF GETTING THIS DOWN I KNOW EVERYONE'S CONCERN IN THE CITY FORTUNATELY FEDERAL GOVERNMENT HASN'T DONE US ANY FAVORS SO WE WILL BE SEEING FIVE FIBER LINES IN ONE NEIGHBORHOOD BECAUSE THEY CAN GET PAID BY THE FEDERAL GOVERNMENT. NOT THAT THERE'S ANY BUSINESS REASON TO DO IT BUT THIS CAN HELP A LITTLE BIT AS MUCH AS WE

CAN. >> HEARING NO OTHER COMMENTS

PLEASE CALL ABOUT. >> COUNCIL MEMBER WILCOTT.

>> AYE. >> MAYOR PRO TEM GORDON.