[CALL SESSION TO ORDER]
[00:00:07]
>>> IT'S 7:00, 7:01, WE'LL CALL THE CITY COUNCIL MEETING FOR THURSDAY, NOVEMBER 20, 2025, TO ORDER. WE'LL START WITH ROLL
CALL. COUNCIL MEMBER THRONSON. >> MORRIS.
>> HERE. >> COUNCIL MEMBER KING.
INVOCATION WILL BE LED BY BAPTIST CHURCH.
>> HEAVENLY FATHER, WE COME, WE PRAISE YOUR HOLY NAME FOR YOUR GOODNESS. WE THANK YOU FOR THE RAIN. WE THANK YOU FOR THIS WONDERFUL AND BEAUTIFUL CITY THAT YOU HAVE GIVEN TO US. I WANT TO PRAY FOR OUR MAYOR, CITY ATTORNEY, CITY MANAGER, LORD, ALL OF OUR EMPLOYEES AND STAFF THAT YOU WILL GIVE THEM GREAT WISDOM. THEY KNOW HOW TO LEAD AND GUIDE OUR CITY. THEY KNOW HOW TO SOLVE PROBLEMS OR PEOPLE OF INTEGRITY. LORD, THAT WE WOULD BE A CITY OF LOVE AND COMPASSION. THAT WE WOULD CARE FOR THE HURTING AMONG US. WE CARE FOR THE LEAST OF THESE.
FATHER, WE PRAY THIS MEETING WILL BE WELL ORDERED. PRAY IT WILL BE PEACEABLE. MUCH WORK DONE. I PRAY YOU GIVE OUR CITY COUNCIL STRENGTH NOW FOR THE MEETING AHEAD AND THE DAYS AHEAD. LORD ABOVE ALL, WE PRAY OUR CITY BE A PLACE THAT GLORIFIES AND HONORS YOU. WE ASK IN JESUS NAME, AMEN.
>> AMEN. >> JOIN ME IN THE PLEDGE.
>>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION, UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.
HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE TEXAS, ONE
[5.1. Native American Heritage Month]
STATE, UNDER GOD, ONE INDIVISIBLE.>> NEXT, IF COUNCIL CAN JOIN ME UP FRONT FOR A PROCLAMATION.
MEMBERS OF OUR DEI, OR NATIVE AMERICAN COMMUNITY COME UP.
>> WHEREAS SIGNED ON JUNE 30, 1834, A TIME KNOWN AS A REMOVAL ERA STARTED WHEN OVER 100,000 NATIVE AMERICANS WERE FORCED FROM THEIR HOMES IN A SOUTHEAST REGION OF THE UNITED STATES TO THE NEWLY FORMED INDIAN TERRITORY. THAT WAS ALL OF THAT PART OF THE UNITED STATES WEST OF THE MISSISSIPPI AND NOT PART OF MISSOURI OR LOUISIANA. AND WHEREAS THE INDIAN TERRITORY WAS SUBSEQUENTLY FURTHER RESTRICTED TO WHAT IS NOW KNOWN AS OKLAHOMA. EXCEPT THAT PART OF THE PANHANDLE AND THE COUNTY.
THE TRIBES OF CREEK, SEMINO , CHICKASAW WERE MOVED TO THIS AREA IN 1843. THE TRIBES OF CHEROKEE, CHICKASHAW RELOCATED AS REFUGEES FROM THEIR LANDS EAST OF THE MISSISSIPPI. AND WHEREAS TEXAS WAS HOME TO THE TRIBES OF THE APACHES, I APOLOGIZE, -- ALL REMOVED INDIAN TERRITORY. AND WHEREAS HISTORIANS ESTIMATE THAT BEFORE 1900, THERE WERE MORE THAN 50 NATIVE AMERICAN NATIONS THRIVING IN TEXAS. AND WHEREAS, THERE ARE NOW 574 FEDERALLY RECOGNIZED INDIAN NATIONS IN THE UNITED STATES. AND WHEREAS TODAY, THERE ARE ONLY THREE, I BELIEVE RECOGNIZED TRIBES THAT STILL HAVE RESERVATIONS IN TEXAS. AND WHEREAS FAMOUS NATIVE AMERICANS, INCLUDE HYMPHREY OF THE KANSAS CITY CHIEFS, THE PATAWAMIE NATION. THE CHICKASAW NATION, THE CHEROKEE NATION, JUST TO NAME A FEW. AND WHEREAS ON NOVEMBER 1, 1990, PRESIDENT R.W. BUSH PROCLAIMED WHAT WAS THEN CALLED NATIONAL AMERICAN INDIAN HERITAGE MONTH AS A NATIONAL CELEBRATION. AND WHEREAS ON NOVEMBER 29, 2008, NATIVE AMERICAN HERITAGE DAY IS FIRST CELEBRATED AS A NATIONAL HOLIDAY
[00:05:03]
BY PRESIDENT GEORGE W. BUSH. ON OCTOBER 8, 2009, PRESIDENT BARACK OBAMA SIGNED THE NATIVE AMERICAN HERITAGE DAY ACT 2009 DESIGNATING THE FRIDAY AFTER THANKSGIVING AS NATIVE AMERICAN HERITAGE DAY. NOW THEREFORE, WE, THE CITY COUNCIL, THE CITY OF HUTTO, PROCLAIM NOVEMBER, 2025, IS NATIVE AMERICAN HERITAGE MONTH IN THE CITY OF HUTTO.[7. PUBLIC COMMENT]
>>> ALL RIGHT. CITY MANAGER COMMENTS. ANYTHING? ALL RIGHT, NEXT WE HAVE PUBLIC COMMENT. WE HAVE ONE. MS. GAYLE WEAVER.
>> GOOD EVERYONING, I'M GAYLE WEAVER. IS THIS WORKING? YEAH, IT IS. I LIVE IN HUTTO ON CAROL DRIVE. IT'S A STREET THAT RUNS BETWEEN, ACTUALLY, THERE'S A NORTHERN PART OF IT, BUT WE LIVE ON THE ORIGINAL CAROL MEADOWS. IT RUNS FROM THE LOOP ON THE NORTH SIDE TO THE SOUTH. THE -- GET MY THINGS RIGHT HERE. THE WEST SECTION, WHICH IS MOST OF CAROL MEADOWS, HAS TO CROSS CAROL DRIVE TO GET OUR MAIL. AND THE CHILDREN THAT GO TO THE ELEMENTARY SCHOOL HAVE TO CROSS CAROL MEADOWS TO GO ACROSS AND GO DOWN AND CROSS WITH A CROSSING GUARD DOWN ON MAGER. WE HAVE A SPEEDING PROBLEM. AND I HAD AN INCIDENT HAPPEN YESTERDAY TO ME AND THEN THIS MORNING, I TALKED TO ONE OF MY NEIGHBORS AND HE WAS SAYING WHEN THE CHILDREN TRY TO CROSS CAROL, PEOPLE ARE SPEEDING THERE AND HE HAS STARTED COMING OUT OF HIS HOME, EVEN THOUGH HE DOESN'T HAVE ANY CHILDREN, TO HELP THE CHILDREN SAFELY GET ACROSS THE STREET. AND SO JAMES AND I SAT OUT IN THE DRIVEWAY THIS MORNING AND WE WATCHED THE TRAFFIC GO BY AND IT WAS ABSOLUTELY CRAZY. I WOULD SAY RIGHT AT HALF OF THE PEOPLE, THE CARS WE SAW GOING BY WERE SPEEDING AND SEVERAL OF THEM LOOKED LIKE THEY WERE GOING OVER 50 MILES AN HOUR. AND THEY HAD CHILDREN IN THE CAR THAT THEY WERE TAKING TO SCHOOL. SO IT IS JUST CRAZY. NOW, WHAT HAPPENED WITH ME YESTERDAY, I'VE BECOME ACQUAINTED WITH A COUPLE ACROSS THE STREET AND I HAVE GARDEN STUFF, TOMATOES AND THINGS. I TAKE THEM OVER AND PUT THEM ON THE PORCH, BECAUSE THEY SLEEP IN. AND I WAS COMING BACK AND I LOOKED OVER TOWARD LIMER AND I SAW THE CAR COMING, BUT IT WAS OVER A BLOCK AWAY. SO I WENT AHEAD TO CROSS THE STREET AND YOU KNOW, DAWDLING ME, LOOKING DOWN AT MY FEET. I MEAN, THIS CAR WAS ON ME AND NOTHING. IT WAS UNBELIEVABLE. AND I JUST STOPPED RIGHT THERE IN THE MIDDLE OF THE ROAD AND IT WENT ON BY. ACTED LIKE IT NEVER SAW ME. AND JUST KEPT ON GOING.
WHITE SUV. AND I WAS SHAKEN, BECAUSE I COULD FEEL THE MOTION OF THE CAR GOING BY ME. AND I NEVER EXPECTED -- I IMAGINE HE WAS GOING ABOUT 60 MILES AN HOUR. AND IT IS JUST, I MEAN, TO MAKE IT A BLOCK WHILE SOMEONE CROSSES, I WALK PRETTY FAST.
ANYWAY, SO I DID TALK TO THE POLICE AND THEY ARE ON IT.
HOWEVER, I BELIEVE THAT THE CITY AUGHT TO FIGURE OUT WHAT TO DO
[00:10:03]
WITH THAT CROSSING. BECAUSE WE HAVE QUITE A FEW ELDERLY THAT ARE CROSSING CAROL TO GET TO THE MAIL. WE HAVE THE CHILDREN THAT ARE CROSSING THE STREET. AND I DON'T KNOW HOW IT WORKS WITH ISD, OR THE CITY COUNCIL, BUT I DID TELL SOME OF MY NEIGHBORS THAT I WOULD COME TALK TONIGHT, AND JAMES AND I ARE PLANNING TO BUY SOME OF THOSE LITTLE THINGS TO STICK OUT ON THE RIGHT OF WAY, THAT SAY CHILDREN CROSSING, OR OLD PEOPLE CROSSING ORWHATEVER. IS THAT ME? >> YES , MA'AM.
>> OKAY. WELL HAVE A GOOD EVENING.
>> HAVE A GOOD NIGHT. >> I HAVE A FURTHER ITEM. SO
[8.1. Consideration and possible action regarding possible appointments, re-appointments and/or removals to City Boards, Commissions, Task Forces, Economic Development Corporations, Local Government Corporations and Tax Increment Reinvestment Zone Boards, and Area Government appointments.]
NEXT, WE'LL GO ON TO ITEM 8.1. CONSIDERATION AND POSSIBLE ACTION REGARDING POSSIBLE APPOINTMENTS, REAPPOINTMENTS AND OR REMOVALS TO CITY BOARDS, COMMISSIONS, TASK FORCES, ECONOMIC DEVELOPMENT, CORPORATIONS, LOCAL GOVERNMENT CORPORATIONS, AND TAX INCREMENT REINVESTMENT ZONE BOARDS, ANDAREA GOVERNMENT APPOINTMENTS. >> MET AGAIN THIS WEEK. THANK YOU TO DAN THORNTON, PETER GORDON, FOR THEIR HELP WITH THIS. WE HAVE AN APPOINTMENT FOR ZBA. I WOULD LIKE TO PROPOSE THESE THREE INDIVIDUALS. ROSE LUANA FOR THE ETHICS REVIEW COMMISSION. BRIAN KENARD FOR PLANNING AND ZONING, AND KEITH BURRIS FOR THE ZONING BOARD OF ADJUSTMENTS.
>> SECOND. >> THAT IS ROSA FOR ETHICS, WHAT
WAS THE THIRD ONE? >> KEITH BURRIS. AND KENNARD.
>> YES, SIR. >> ANY DISCUSSION ON THE MOTION? HEARING NONE. PLEASE CALL THE VOTE.
>> COUNCIL MEMBER KING. >> AYE.
>> COUNCIL MEMBER MORRIS. >> AYE.
>> COUNCIL MEMBER GORDON. >> AYE.
>> COUNCIL MEMBER THOMPSON. >> AYE.
>> COUNCIL MEMBER PORTERFIELD. >> AYE.
>> MOTION PASSES 7-0. >> AGAIN, I WANT TO THANK THE NOMINATING COMMITTEE AND OBVIOUSLY THE CITY COUNCIL ITSELF, MOST IMPORTANTLY, ALL THE PEOPLE VOLUNTEERING AND STEPPING UP TO THE PLATE, EVEN SOME OF THESE INTERVIEWEES CAME A YEAR AGO OR SIX MONTHS AGO, MAYBE THINGS DIDN'T TURN OUT, BUT THEY ARE STILL STEPPING BACK UP. WE DO ENJOY THAT AND APPRECIATE THAT AND RESPECT THAT A GREAT DEAL. I DO WANT TO UPDATE THAT RIGHT NOW, THE ETHICS REVIEW COMMISSION HAS ZERO VACANCIES, INCLUDING THESE APPOINTMENTS. ZONING BOARD OF ADJUSTMENTS, WE HAVE ONE VACANCY AND THREE ALTERNATE VACANCIES.
AND THE DIB IS ZERO VACANCIES. THE ADVISORY BOARD IS ZERO VACANCIES. WE HAVE ONE VACANCY, EACH FOR THE BUILDING AND STANDARDS AND ALSO THE HISTORIC PRESERVATION COMMITTEE. WE HAVE ONE THERE. SO, PLEASE CONTINUE TO VOLUNTEER AND WE'LL GET TO YOU AND GET YOU TO INTERVIEW US AS SOON AS POSSIBLE. I HAVE NO
[8.2. Consideration and possible action regarding recommendations or updates from City Council sub-committees (i.e. HISD, Public Safety, Co-Op).]
OTHER UPDATES. >> ANYTHING ELSE FROM ANYONE? ALL RIGHT, WE'LL GO ON TO 8.2. CONSIDERATION AND POSSIBLE ACTION REGARDING RECOMMENDATIONS OR UPDATES FROM THE CITY COUNCIL SUBCOMMITTEES. ISD HAS NOT MET SINCE OUR LAST MEETING. PUBLIC SAFETY MEETS TOMORROW. WAS GOING TO MEET TOMORROW, I THINK IT'S BEEN PUSHED. WE HAVE NOT MET. ARE THERE OTHER ONES?
>> ON THE UPDATE, APOLOGIES FOR THE DELAY IN THAT. MY GOAL IS, I BELIEVE THE GOAL IS TO GET THIS ON THE NEXT CITY COUNCIL AGENDA ITEM AS SOON AS POSSIBLE. IT IS 700 AND SOMETHING PAGES. WE NEED TO REVIEW, DOT I'S AND CROSS T'S AND MAKE SURE THIS TYPO ERROR WAS CHANGED. IT IS TEDIOUS IS GOING THROUGH 700 PAGES. WE DON'T HAVE TO MEET, YOU KNOW, AND ALL GET TOGETHER. WE ALL REVIEWED IT TOGETHER. EACH ONE OF US ARE JUST DIVIDING THE SEVEN OR EIGHT CHAPTERS. I HAVE MORE FREE TIME, I WILL SPEND MORE TIME ON IT THIS WEEKEND AND NEXT. BUT THE GOAL IS TO GET IT ON THE NEXT AGENDA AND GET THIS THING COMPLETE. I'M SURE YOU'LL
[9.1. Downtown Hutto Business Association quarterly update and possible action (Gracie Matthews)]
BE HAPPY, BUT FRUSTRATED. THANK YOU.>> ALL RIGHT. NEXT ITEM, 9.1, DOWNTOWN HUTTO BUSINESS
[00:15:07]
ASSOCIATION QUARTERLY UPDATE AND POSSIBLE ACTION.>> GET TO GO SO EARLY TODAY. GOOD EVENING. GRACIE MATTHEWS, FOR THE RECORD, REPRESENTING DOWNTOWN HUTTO BUSINESS ASSOCIATION FOR UPDATE. 2025 LOOKBACK, IT HAS BEEN A WHIRLWIND OF SEVEN MONTHS. I THINK I'M SO PROUD OF THIS ORGANIZATION. WHAT THEY'VE DONE. PUTTING THEIR DIFFERENCES ASIDE, COMING TOGETHER TO ACCOMPLISH ALL THESE ITEMS. SOME HIGH LEVEL ITEMS THAT WE DID WERE DEFINING WHAT IS THE DOWNTOWN. WE DEFINE IT AS EAST OF CO-OP, AND WE CREATED BYLAWS, REGISTRATION IS PENDING FOR NONPROFIT. WE HAVE SOCIAL MEDIA.
WE ARE UP TO 30 MEMBERS. EIGHT BOARD DIRECTORS, FOUR STAFF. AND THE FINANCE COMMITTEE WORKED ON GETTING THE ORDINANCES AND THE GRANTS TOGETHER. WE HAVE THREE SOLID COMMITTEES. EXECUTIVE COMMITTEES JOB IS TO MAKE SURE WE ACT AS A POINT OF CONTACT FOR ALL THINGS DOWNTOWN. THE EVENTS COMMITTEE, THEY ARE FOCUSED ON REVITALIZING, BRINGING MORE FOOT TRAFFIC, ACTING AS A HUB. THE FINANCE COMMITTEE, FINDING FUNDING SOLUTIONS, WHETHER THAT'S IN THE CITY OR OUTSIDE THE CITY. I THOUGHT HARD ABOUT HOW TO ACCURATELY RELAY THE FEEDBACK FROM THE DHBA MEMBERS THEMSELVES, WHICH I THINK IS THE MOST IMPORTANT. FOCUSING ON HOW DO WE STAY ON TRACK? HOW DO WE STAY ON OUR MISSION? PLEASE SKIM THROUGH ALL OF THESE BUSINESS OWNERS PART OF THE MEMBERSHIP. I THINK SOME OF THE COMMON THREATS WE HAVE HERE ARE, YOU KNOW, BEFORE WE WERE VERY DIVIDED, BUT TODAY, WE ARE UNITED. WE GO TOWARD COMMON GOALS OF REALLY BRINGING BUSINESS AND COMMERCE BACK DOWNTOWN. YOU KNOW, THIS IS MOSTLY VOICES OF THE TENANTS AND THE BUSINESSES, WHICH IS MORE EVENT COMMITTEE FOCUSED. AND I HOPE TO HAVE MORE VOICES FROM BUILDING OWNERS AND PROPERTY OWNERS IN THE FUTURE. LOOKING AHEAD AT 2026. SO, WE HAVE NEXT SATURDAY IS A SHOP SMALL SATURDAY, WITH TREE LIGHTING, COCOA AND CAROLS, THIS IS OUR FIRST JOINT EVENT WITH THE CITY.
PARKS AND REC HAS BEEN SUPPORTIVE WORKING WITH US.
WORKING THROUGH PERMITS AND EVERYTHING. DECEMBER 13, IS THE CRAWL, AND NEXT YEAR IS 150 YEAR ANNIVERSARY. SO I THINK THERE'S GOING TO BE A LOT OF ACTIVITIES FOR THAT. THE MAIN ASK TODAY IS THIS SLIDE RIGHT HERE. THE FINANCE COMMITTEE. WE IDENTIFIED THESE THREE ORDINANCES THAT IS LIVE AND THEY ARE ACTIVATED WITHIN THE CITY OF HUTTO. WE ARE SEEKING A CLEAR DIRECTION FORWARD OF HOW WE ACCESS AND APPLY FOR THESE INCENTIVES.
PROPERTY TAX REBATE POLICY, TAX FREEZE PROGRAM FOR HISTORIC PRESERVATION PROPERTIES, AND FACADE IMPROVEMENT PROGRAMS. THESE BUILDS HAVE NOT BEEN UPDATED IN DECADES. IT'S ALL GOOD AND FUN TO DO EVENTS DOWNTOWN, BUT IF WE DON'T HAVE THE INFRASTRUCTURE, IT'S NOT GOING BE SUSTAINABLE. ALSO SOME OF THE EDC PERFORMANCE GRANTS FOR SMALL BUSINESSES, NEW BUSINESSES LOOKING TO LOCATE TO DOWNTOWN HUTTO. AND THEN POLICE SECURITY BUDGET FOR DOWNTOWN EVENTS. SO, THE CURRENT STATUS THAT I CHECKED WITH CHENEY, IT WILL COME TO COUNCIL ON DECEMBER 4, FOR POLICY AND PROCEDURE. BUT I THINK THIS GOT APPROVED IN OCTOBER. WE ARE MIDDLE OF NOVEMBER. ALREADY INTO THE FISCAL YEAR. WE ARE ASKING FOR A CLEAR PATH FORWARD OF HOW WE ACCESS THESE INCENTIVES AND GRANTS THAT WE HAVE SECURED. WE ARE GOING TO BE JOINING THE TEXAS DOWNTOWN AS NONPROFIT MEMBER REGISTRATION. THAT WILL GET US TEN MEMBERSHIPS, SO WE CAN NETWORK WITH OTHER DOWNTOWN CITIES THROUGHOUT TEXAS.
THERE'S OTHER GRANT PROGRAMS THERE. I KNOW THE CITY IS LIMITED WITH BUDGETS, SO NEXT YEAR, THE FINANCE COMMITTEE, WE WANT TO FOCUS ON WHAT ARE SOME OTHER RESOURCES THAT WE CAN TAP INTO. A LOT OF THESE DATES ARE COMING UPON US, SO WE PROBABLY WON'T BE APPLYING FOR THE ACTUAL INFRASTRUCTURE GRANTS. I THINK A LOT OF SOFT COSTS, THE ARCHITECTS, ALL OF THOSE FEES, WE CAN SPLIT UP BETWEEN THE EDA, AND TEX DOT. YOU WILL BE HEARING
[00:20:05]
MORE FROM THE FINANCE COMMITTEE. EVENTS ARE GOOD. TRAFFIC IS GOOD, BUT HOW DO WE ACTUALLY MAKE IT SUSTAINABLE AND HOW DO WE WORK WITH THE CITY TO DO SOME OF THESE IMPROVEMENTS?QUESTIONS? >> I HAVE ONE. SORRY. GO AHEAD.
SO BACK ON THOSE THREE ORDINANCES THAT YOU FOUND, ARE THOSE ORDINANCES THAT ARE CURRENTLY IN PLACE? THEY ARE JUST QUESTIONS ON HOW THEY APPLY TO YOU OR ORDINANCES THAT HAVEN'T BEEN INSTALLED THAT NEED TO BE INTO EFFECT?
>> THEY ARE IN EFFECT. THEY NEED TO BE REWRITTEN.
>> OH, I SEE. OKAY. >> THE CRITERIA FOR HOW IT GETS DONE IS NOT ACHIEVABLE TODAY'S PROCESS. YOU PROBABLY WANT TO PUT SOME CRITERIA ON WHO CAN APPLY, SO IN THE PAST, IT WAS SO LOOSE THAT, YOU KNOW, SOME RESIDENTIAL HOUSE GOT A BRAND-NEW ROOF THROUGH THIS GRANT, RIGHT? HOW DO WE MAKE IT SO IT GOES IN ALIGNMENT WITH OUR MISSION OF REVITALIZING AND REHABILITATING DOWNTOWN. BUILDINGS ARE REGISTERED IN THE DISTRICT AND THINGS LIKE THAT. A LITTLE MORE CRITERIA AND STANDARDIZATION IS WHAT WE'RE SEEKING.
>> AND ARE YOU ASKING TO PARTICIPATE IN THAT? I DON'T KNOW IF THAT IS WHAT YOUR ASK WAS, IS TO HAVE MAYBE A MEMBER OR TWO OF COUNCIL, STAFF, AND THEN PEOPLE FROM DOWNTOWN BUSINESS ASSOCIATION TO KIND OF WORK TOGETHER TO HAVE A
PROPOSAL? IS THAT YOUR VISION? >> I THINK THAT WOULD BE A GOOD IDEA. HAVING GONE THROUGH THIS ENTIRE PROCESS OF REHABILITATING A BUILDING DOWNTOWN, I THINK THAT MAY BE VALUABLE FOR YOU GUYS TO MAYBE LISTEN TO SOME OF THE INPUT. WHATEVER THE CASE, WE JUST WANT TO START IT, KICK OFF SOMETHING SO WE CAN TELL ALL THE PEOPLE THIS IS AVAILABLE. WE JUST DON'T HAVE A CLEAR PATH
FORWARD. >> OKAY, THANKS. I FOUND THEM ON
THE CODE OF ORDINANCES. THANKS. >> GRACIE, ARE WE GOOD WITH THE PARKING PLAN THAT WAS PROPOSED THREE OR FOUR MONTHS AGO? NOT THAT YOU GUYS SAY YES OR NO AND THAT STOPS US, IF WE START IMPLEMENTING THAT AT THE FIRST OF THE YEAR, HAVE YOU GUYS
TALKED ABOUT THAT ON YOUR END? >> NO, THAT TOOK A PAUSE, SO I THINK WE NEED TO PICK THAT UP. I DON'T THINK WE EVER CAME TO A CONCLUSION OF YES, NO, ARE YOU TALKING ABOUT THE ONE WAY STREET? SO YOU CAN HAVE ANGLE PARKING? I DON'T THINK WE CAME TO CONCLUSIONS. I'LL FOLLOW UP WITH MATT ON THAT.
>> AND THE OTHER THING. I KNOW YOU HAD THE MEETING, WHAT'S TODAY? THURSDAY? THIS WEEK OR LAST WEEK. I CAN'T REMEMBER.
>> TUESDAY, THIS TUESDAY. >> OKAY, IT GOES BY QUICK. I WAS COMMUNICATING THAT OUT AND I JUST WANT TO HAVE YOU VERIFY FOR EVERYBODY. THERE WAS A CONCERN THAT MAYBE IF WE RELY ON YOUR INPUT TOO MUCH, THERE'S POTENTIAL THAT WE'LL GO AROUND OR DO AWAY WITH THE HPC. IT'S MY UNDERSTANDING THAT SOME OF THE THINGS YOU ARE GOING FOR, YOU PERSONALLY DONE WITH ONE OF YOUR BUILDINGS IS TAKE A NONCONFORMING BUILDING, BRING IT BACK TO HISTORICAL STANDARDS, AND REGISTER IT. THERE'S NO TALK ABOUT TRYING TO GO AROUND HBC, IT'S ACTUALLY OPPOSITE OF
THAT, RIGHT? >> ABSOLUTELY NOT. I MEAN, OUR MISSION STATEMENT IS REHABILITATING, RIGHT? THE DOWNTOWN. THAT WAS -- THESE ARE THE THREE COMMITTEES, BUT BACK IN APRIL, THAT'S WHAT MADE ME GET INVOLVED, REHABILITATING THE DOWNTOWN. SO YES, MY BUILDING WAS KICKED OFF THE REGISTRY, WORKED WITH TEXAS AND WASHINGTON, D.C. TO GET IT BACK REGISTERED FOR THAT. SO PRESERVING THOSE IS THE MOST IMPORTANT THING. WORKING WITH A DEVELOPMENT TEAM FOR COMPLIANCE, RIGHT? FOR THE DOWNTOWN CODES. SO, NO DESIRE TO CHANGE THAT, IF ANYTHING, WE'RE SCARED OF WHAT THE NEW CODE IS GOING TO CHANGE ANYTHING. IF THE NEW CODE IS GOING TO ALLOW FOR TALLER BUILDINGS AND MORE MODERN BUILDINGS THAT ARE NOT HISTORICALLY APPROPRIATE. WE'RE THE OPPOSITE OF THAT, YOU KNOW? I'VE STUDIED THE HBC, STUDIED THE CODES, AND WE WANT TO RESTORE IT. NOT TEAR DOWN. THAT'S WHY WE'RE HERE.
>> THANK YOU. >> ANY OTHER QUESTIONS OR DISCUSSION FROM COUNCIL? ALL RIGHT, THANKS. WE HAVE SOME STUFF COME UP. I THINK YOU SAID THE FIRST MEETING IN DECEMBER, THEY'LL START HITTING THOSE ORDINANCES.
>> I'LL SEE YOU IN Q1. >> ALL RIGHT. HAVE A GOOD NIGHT.
>> I HAVE A QUESTION FOR CITY MANAGER.
>> YES. >> FOR THIS DECEMBER 4 AGENDA ITEM, IS THERE -- NOT THAT THERE SHOULD BE. IS THERE ANY STAFF
[00:25:04]
DIRECTIVE NOW TO START LOOKING AT THOSE ORDINANCES AND ARE YOUWAITING FOR COUNCIL DIRECTION? >> NO, ECONOMIC DEVELOPMENT, SO CHENEY AND EMILY, THEY ARE RIGHT IN THE CENTRE OF ALL THIS.
>> THANK YOU. >> ALL RIGHT, NEXT WE HAVE THE CONSENT AGENDA ITEMS 11.1 THROUGH 11.12.
>> 10.1, ARE WE DOING THAT ONE? >> SORRY. ALWAYS TRYING TO PUSH
[10.1. Conduct a Public hearing and possible action on Ordinance No. O-2025-050 designating a geographic area within the City of Hutto as a Tax Increment Reinvestment Zone pursuant to Chapter 311 of the Texas Tax Code, to be known as the SH-130 Tax Increment Reinvestment Zone, ("TIRZ 4"): creating a board of directors; and establishing a Tax Increment Fund (TIF) for the zone. (Cheney Gamboa)]
US ALONG. NEXT WE HAVE ITEM 10.1. CONDUCT A PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE NUMBER 0-2025-050, DESIGNATING A GEOGRAPHIC AREA WITHIN THE CITY OF HUTTO AS A TAX INCRIMINATE REINVESTMENT ZONE PURSUANT CHAPTER 311 OF THE TEXAS TAX CODE, TO BE KNOWN AS THE SH-130 TAX INCRIMINATE REINVESTMENT.>> THANK YOU. WE HAVE WITH US HERE TONIGHT, TRAVIS JAMES FROM TXP, WHO IS THE CONSULTANT CREATING THIS IN PARTNERSHIP WITH THE CITY. I'M GOING TO LET HIM GO THROUGH HIS PRESENTATION AND I BELIEVE WE DO HAVE SOMETHING WE NEED TO STATE FROM LEGAL ALSO, REGARDING THE 12-4 PUBLIC HEARING.
>> WE POSTED FOR TWO PUBLIC HEARINGS IN THE NEWSPAPER. THIS PARTICULAR ORDINANCE, WE'RE JUST WANTING THE COUNCIL TO VERIFY THE BOUNDARIES, BECAUSE WE DON'T KNOW IF THE MAP THAT IS BEING PRESENTED IS IS THE MAP THAT COUNCIL WANTS TO ADOPT.
GIVE US AN INPUT ON WHO YOU WOULD LIKE THE BOARD OF DIRECTORS TO BE AND WE'LL BRING THE FINAL ORDINANCE BACK. ALSO, THERE'S GOING BE A PRESENTATION ON THE PROJECT AND FINANCING PLAN AND THERE COULD BE SOME COUNCIL CHANGES TO THAT, TOO.
>> OKAY. THANKS. >> GOOD TO SEE EVERYBODY AGAIN.
TRAVIS JAMES WITH TXP. HERE'S A SLIDE. I'M DRIVING. I HAVE TO HIT NEXT. SO, AGAIN, IT'S GOOD TO SEE SOME OF YOU AGAIN. I HELPED YOU PUT IN THE MEGATOURIST, AND NOW NUMBER FOUR. THE TOOL FOR ECONOMIC DEVELOPMENT TO PAY FOR A SPECIFIC IMPROVEMENTS IN A ZONE. THERE'S A LOT OF THESE ACROSS THE STATE. YOU HAVE THREE OF THEM. MANY CITIES AND COUNTIES HAVE THEM. THERE'S NOT AN INCREASE IN PROPERTY TAXES.
THAT'S ALWAYS IMPORTANT TO REMIND FOLKS. IT'S JUST DEDICATING A PERCENTAGE OF FUTURE GROWTH IN THE ZONE TO PAY FOR PROJECTS WITHIN THAT ZONE. ALL OF THOSE PROJECTS ARE GOING TO BE OUTLINED IN YOUR FINAL PROJECT AND FINANCE PLAN.
THAT'S NOT WHAT IS IN FRONT OF YOU OR WHAT HAS BEEN PUT IN THE PACKET. YO U HAVE THE PRELIMINARY PROJECT AND FINANCE PLAN, WHICH IS REQUIRED TO BE CREATED AS PART OF THE ORDINANCE TO CREATE THE TIRZ. WE HAVE COME BACK. I'LL GO OVER THAT TIME LINE BRIEFLY IN A SECOND. OBVIOUSLY, THE TOOLS USED TO CONSTRUCT NEEDED PUBLIC INFRASTRUCTURE. YOU ENCOURAGE NEW DEVELOPMENT IN THE ZONE. YOU HELP OFFSET SOME OF THOSE PUBLIC SECTOR COSTS THAT WOULD BE REQUIRED BY DEVELOPERS. LOTS OF THINGS YOU CAN DO. THEY ARE ALL OUTLINED IN STATE LAW. THIS IS A LIST OF THE TOP THINGS THAT MOST CITIES AND COUNTIES THAT CREATE A TIRZ. BUILDING FACADES, ECONOMIC DEVELOPMENT GRANTS.
LOTS OF THINGS YOU CAN DO WITH THIS TOOL, AGAIN, YOU IDENTIFY WHAT YOU WANT TO BE ELIGIBLE IN THAT FINAL PROJECT AND FINANCE PLAN. YOU ALL KNOW HOW THIS WORKS, BUT FOR FOLKS WHO HAVEN'T SEEN THIS BEFORE, QUICK LITTLE GRAPHIC. YOU HAVE A BASE VALUE. SO ALL THE REVENUE YOU'RE COLLECTING OFF THE BASE VALUE, YOU CONTINUE TO COLLECT. YOU WOULD DEDICATE A PORTION, SOME OR ALL OF THE FUTURE REVENUE TO THIS ACCOUNT. IN THIS SIMPLE EXAMPLE, YOUR TAX RATE IS NOT 25 CENTS. IF YOU HAD A BASE RATE OF 1 MILLION. THAT WOULD CREATE $2500 A YEAR IN PROPERTY TAX.
THAT'S OFF THE BASE VALUE. YOU SEE IN THE TOP, THAT CONTINUES TO GO TO YOUR GENERAL FUND AS IF THE TIRZ NEVER EXISTED. IN A COUPLE OF YEARS, THERE'S AN ADDITIONAL $4 MILLION OF GROWTH.
THE ORIGINAL $2500 THAT IS GENERATED OFF THAT $1 MILLION GOES TO THE GENERAL FUND. THAT ADDITIONAL $4 MILLION IN VALUE CREATES $10,000. AND MY SIMPLE EXAMPLE, WE'RE SPLITTING IT 50/50. YOU SEE THE $2500, THE BASE VALUE. 50% OF THE NEW GROWTH. $5,000 TO THE GENERAL FUND GETS $7500 IN THIS YEAR.
AND THE TIRZ ACCOUNT WOULD GET $5,000. DOES THAT MAKE SENSE TO EVERYBODY? YOU CAN RAISE OR LOWER. IT'S UP TO YOU TO DETERMINE WHAT YOU WANT TO DO. YOU CAN CHANGE THAT IN THE FUTURE. IT GETS A LITTLE BIT TRICKY IF YOU HAVE BONDS, IF YOU ISSUE DEBT. BUT IN GENERAL, YOU HAVE SOME FLEXIBILITY, OBVIOUSLY LEGAL KNOWS HOW TO DO THAT VIA ORDINANCE. SO HOW ARE TIRZ FUNDS
[00:30:02]
USED ON A CASH FLOW PAY AS YOU GO. YOU HAVE X AMOUNT OF MONEY.YOU THEN SPEND THAT AMOUNT OF MONEY. YOU CAN REIMBURSE DEVELOPERS OVER TIME. THAT'S NOT UNCOMMON, A DEVELOPER PUTS IN A ROAD, SIDEWALKS, AND UTILITIES, AND IT MAY TAKE YOU 12 YEARS TO PAY THEM BACK. SOME CITIES DO ISSUE DEBT. YOU HAVE TO WORK WITH LEGAL AND FINANCE TO MAKE SURE THE TIRZ GENERATED ENOUGH MONEY TO MAKE SURE YOU COULD PAY THAT DEBT. YOU CAN ALSO ENTER IN SOME OTHER LOCAL GOVERNMENT CORPORATION THINGS.
THOSE TOP THREE ARE WHAT MOST CITIES DO. PAY AS YOU GO, YOU REIMBURSE A DEVELOPER FOR DOING SOMETHING YOU AGREE TO THAT YOU WANTED THEM TO DO, OR YOU CAN ISSUE DEBT DOWN THE ROAD. I TALKED ABOUT THIS LAST TIME. THERE ARE TWO KEY RULES. YOU CAN'T HAVE MORE THAN 30% OF THE PROPERTY IN THE ZONE AT THE TIME IT IS CREATED TO BE RESIDENTIAL. YOU CAN'T HAVE MORE THAN 30%.
NOT WHAT IT LOOKS LIKE IN THE FUTURE. AND THOSE NEXT TWO SAY THAT YOU CAN'T HAVE TOO MANY TIRZ. DEPENDING ON HOW BIG YOU ARE IN TERMS OF POPULATION OR YOUR CITY SIZE, IT DOES LIMIT HOW MUCH OF YOUR TAX BASE YOU CAN HAVE IN A TIRZ. HERE ARE THE STEPS TO CREATING A TIRZ. YOU HAVE TO GET THROUGH THE FIRST COUPLE OF THOSE TO LOCK IN THAT BASE VALUE OF 2025. THE PRELIMINARY PROJECT AND FINANCE PLAN, YOU ALL HAVE A COPY OF. I WORK WITH YOU TO CREATE THAT. YOU HAVE TO PUBLISH A NOTICE IN THE NEWSPAPER. AT LEAST SEVEN DAYS IN ADVANCE, HAVE A PUBLIC HEARING, HAS TO GET APPROVED AT THAT POINT, YOU CREATED THE ZONE. YOU DEFINED HOW BIG IT IS. YOU DEFINED HOW MANY BOARD MEMBERS WILL BE ON IT. YOU THEN, AND I THINK THE PLAN IS TO WORK ON THIS AFTER THE HOLIDAYS, CREATE THE FINAL PROJECT AND FINANCE PLAN. THAT FIRST HAS TO BE APPROVED BY THE BOARD, THEN COMES BACK TO CITY COUNCIL FOR APPROVAL. SO THERE ARE STILL A NUMBER OF STEPS AND WEEKS TO GO. THERE'S A NUMBER OF PROJECTS THAT ARE SORT OF PERCOLATING AROUND THIS ZONE THAT WE NEED TO REFINE WHAT THOSE REVENUE ESTIMATES WOULD BE AND THOSE COSTS. AS I SAID, YOU HAVE THREE TIRZ. I LOOKED UP THE NET TAXABLE VALUE. TAX RATES, OR VALUES, YOU SEE WHAT IS IN THE FIRST THREE TIRZ YOU APPROVED. YOU SEE WHAT IS IN THE PROPOSED TIRZ NUMBER FOUR. IT DOES COMPLY WITH NOT HAVING TOO MUCH OF YOUR TAX BASE. I THINK THE 5.9 MILLION IS YOUR NET TAX. ONCE YOU TAKE INTO ACCOUNT HOMESTEAD EXCEPTIONS, AND OTHER REDUCTIONS, THE TOTAL VALUE IS OVER $6 BILLION. WHEN YOU MAKE ADJUSTMENTS, THAT NUMBER IS GETTING UPDATED EVERY YEAR.
>> SIR, IS THE TOTAL THAT CAN BE IN A TIRZ, IS THAT A PERCENTAGE?
>> IT'S A PERCENTAGE. CAN'T BE MORE THAN 50%.
>> SO YOU'RE WAY UNDER. YOU CAN'T DO MORE THAN 25%. CITIES UNDER $100,000, IT'S YOUR INDUSTRIAL DISTRICT.
>> 3%? >> SO YOU ARE FINE THERE. THIS WILL GROW OVER TIME. I PULLED THESE OUT OF THE 2025 TAXABLE VALUE. I KNOW YOU THINK FISCAL YEARS, TIRZ THINKS CALENDAR YEARS. JUST TO REMIND EVERYBODY, IF YOU PUT THIS IN PLACE TODAY, 2025 IS THE BASE YEAR. WE TALKED ABOUT IN THAT GRAPHIC. THE FIRST YEAR OF GROWTH WOULD BE WHAT HAPPENS IN '26. AND '26 TAXES AREN'T DUE UNTIL '27. SO IT DOES JUST TAKE TIME FOR THE MONEY TO SHOW UP. SO I ALWAYS SAY TO COMMUNITIES, IF YOU THINK THIS IS WHAT YOU WANT TO DO, IT'S BETTER TO PUT IN PLACE. IF NOTHING HAPPEN, PEOPLE SAY, WHAT'S THE WORST THING THAT HAPPENS? YOU WENT THROUGH THIS PROCESS TO CREATE IT. YOU CAN ALWAYS DISSOLVE A TIRZ. YOU HAVE SOME FLEXIBILITY DEPENDING ON THE ENTITIES THAT HAVE JOINED. IT'S A LITTLE BIT HARD TO READ.
IT'S PROBABLY A BETTER VERSION WHAT YOU HAVE IN FRONT OF YOU.
THE BLACK IS THE TIRZ THAT GOES ALONG THAT 130 CORRIDOR. YOUR CITY LIMITS ARE OUTLINED IN RED. I'M SORRY, YOUR CITY LIMITS ARE IN BLUE. SO A LOT OF THIS TIRZ IS GOING TO BE IN YOUR ETJ. VERY LITTLE OF IT IS IN YOUR CITY LIMITS TODAY. THESE PROPERTIES HAVE TO COME IN AND ASK FOR VOLUNTARY ANNEXATION BEFORE THEY START PAYING CITY TAXES. SO IF THESE AREAS DON'T ASK FOR ANNEXATION, THE TIRZ ISN'T GENERATING TAX REVENUE. YOU PUT THIS IN PLACE TO WORK WITH A DEVELOPER. THEY WILL THEN START PAYING TAXES. DOES THAT MAKE SENSE TO EVERYBODY? WHEN WE WERE -- I LOOKED AT A NUMBER OF MAPS. YOU DO HAVE THE STAR RANCH DOWN THERE WHERE THE RED ARROW IS. THAT DOES NOT PAY PROPERTY TAX TODAY. IT IS RELATIVELY DEVELOPED. SO IT IS UP TO YOU ALL TO CHOOSE TO PUT IT IN OR NOT. IT IS WITHIN YOUR ETJ, SO YOU COULD. IT DOESN'T PAY TAX AND THERE IS A MUD THERE.
>> SO WE ARE ABLE TO ADD THAT? >> DO WHAT?
>> WE ARE ABLE TO ADD THAT? >> YES, YOU CAN ADD THAT. JUST TO REMIND YOU, IF SOMETHING IS DEVELOPED IN YOUR ETJ AND YOU ADD IT, YOU DON'T GET TO ADD THAT AS NET NEW INCRIMINATE. SO
[00:35:04]
IF A PROPERTY IS ALREADY DEVELOPED TODAY, WHETHER IT'S IN YOUR CITY LIMITS, IT IS CONSIDERED PART OF THAT BASEVALUE. >> I THINK HALF OF THAT IS
UNDEVELOPED. >> PART OF IT IS UNDEVELOPED.
PART OF IT IS. IF YOU HAVE A COPY --
>> YOU GET THE VALUE. LET'S SAY, RIGHT WHERE THE RED ARROW IS A NEIGHBORHOOD. IF THE AVERAGE HOME WAS $300,000, AND WE PUT IT INTO TIRZ, AND THEN TEN YEARS FROM NOW, WE ANNEX THIS INTO OUR CITY, BECAUSE WE MAY HAVE THAT OPPORTUNITY. WE SET IT TODAY AT $300,000. IN TEN YEARS, IT'S $600,000. THE INCREASE FROM 3 TO 600. THAT'S WHAT WE COULD.
>> YOU WILL GET THAT, CORRECT. YOU DON'T GO FROM ZERO TO 300,000. IF YOU HAVE A COPY OF THIS ON PAGE TWO. IT GETS A LITTLE CONFUSING. I DO DESCRIBE WHAT IS WITHIN YOUR CITY LIMIT BOUNDARIES AND WHAT IS WITHIN THE ETJ. SO WE CAN LOOK AT THAT.
WE CAN MAKE THOSE CHANGES. THIS IS WHAT IT LOOKS LIKE IN TERMS OF LAND USE. THESE ARE STATE LAND USE. I TALKED ABOUT YOU CAN'T HAVE TOO MANY RESIDENTIAL AT THE TIME IT IS CREATED. THE BULK OF THIS IS UNDEVELOPED. YOU HAVE THE EAST WILLIAMSON HIGHER EDUCATION CENTER, WHICH IS HIGHLIGHTED THERE IN YELLOW.
THAT'S WHAT THAT EXEMPT PROPERTY IS THAT DOES NOT PAY TAX, UNLESS IT IS SOLD TO A TAXABLE ENTITY. THAT WOULD NOT CHANGE. YOU'VE GOT SOME COMMERCIAL. YOU HAVE DIFFERENT TYPES OF OPEN SPACE, WHETHER IT'S QUALIFIED OR NONQUALIFIED.
THAT'S THE DIFFERENCE BETWEEN CATEGORIES D AND E, DEPENDING ON HOW IT IS BEING USED AT THE TIME AND WHETHER IT IS QUALIFIED OR NOT QUALIFIED. C IS VACANT LOT. D AND E HAVE A PRETTY BIG
EXCEPTION ON THE TAXABLE VALUE. >> ARE WE ABLE TO ADD IN THE ISD SPACE? THEY OWN, SLATED AS A HIGH SCHOOL, BUT IT IS OPEN LAND. ON THE WEST SIDE OF 130, YOU HAVE THE GREEN SQUARE. THAT AREA THAT IS NOT MARKED BETWEEN THERE AND THE AREA TO THE GREEN.
>> WE CAN ADD IN WHATEVER YOU WANT. IF YOU THINK IT'S GOING TO BE OWNED BY THE ISD AND IT'S NOT GOING TO BECOME TAXABLE, YOU MAY WANT TO SPEND TOURIST MONEY ON IMPROVEMENTS CLOSER TO THAT SCHOOL. SO IN THAT CASE, YOU WOULDN'T WANT TO ADD IT. YOU'RE ALLOWED TO SPEND MONEY OUTSIDE OF A TIRZ IF IT BENEFITS A TIRZ.
IT'S EASIER TO ADD IT UP FRONT. THERE ARE SOME WAYS YOU CAN DO THAT. IF YOU JUST SAY LOOK, WE'RE DEAD SET ON BUILDING THE SIDEWALKS THERE. LET'S JUST PUT IT IN. THAT IS MY RECOMMENDATION. THAT WAY THERE'S NO CONFUSION OVER HOW MUCH IS IT BENEFITING, IS IT NOT BENEFITING. WE HAVE TO DO A PUMP STATION, A BLOCK OR TWO OVER THAT REALLY BENEFITS THE ZONE.
THOSE ARE THE KINDS OF THINGS THAT YOU WOULD DO OUTSIDE OF YOUR ZONE. TO BENEFIT. SO WE COULD MAKE ANY CHANGES TO THIS YOU WANT. YOU HAVE PLENTY OF ROOM NOT TO GO OVER THAT 50% OF YOUR TOTAL TAX BASE. YO U HAVE TO STAY WITHIN YOUR ETJ. YOU CAN'T GO OUT INTO THE UNINCORPORATED PART OF THE CITY.
YOU HAVE TO STAY WITHIN THE RED LINE TO THE LEFT. SO WE CAN MAKE WHATEVER CHANGES TO THAT YOU WANT. WE'VE PLAYED WITH THE NUMBER OF THESE SCENARIOS. SO THAT IS WHERE WE ARE. SO WHAT I DID, GOING THE WRONG WAY. I DID A SIMPLE FORECAST, 25 YEARS, HELD YOUR 2025 TAX RATE CONSTANT. AS YOUR TAX RATE GOES UP AND DOWN, THE AMOUNT OF MONEY YOU GENERATE GOES UP AND DOWN AS WELL. SO THE TAX RATE, YOU KNOW, FLOWS UP AND DOWN JUST LIKE YOUR OVERALL TAX RATE. I ASSUME 3%. I ASSUME $5 MILLION A YEAR OF NEW TAXABLE REAL PROPERTY. I THINK IT WILL BE HIGHER THAN THAT.
SIMPLIFYING ASSUMPTION, I ASSUME THE CITY AND COUNTY PARTICIPATED. THE COUNTY MAY NOT. FOR 25 YEARS, IF YOU HAVE $5 MILLION A YEAR OF NEW GROWTH EVERY YEAR, YOU PUT 50% IN, YOU KNOW, IT'S A $6 MILLION AND CHANGE THAT THE CITY WOULD CONTRIBUTE. THE GENERAL FUND WOULD GET AN EQUAL AMOUNT. AND IF THE COUNTY JOINED, I USED THE FULL TAX RATE. THE COUNTIES IS BROKEN DOWN BETWEEN A COUNTY RATE AND FARM TO MARKET BRIDGE.
THAT'S LIKE ABOUT 4 CENTS, IF I REMEMBER CORRECTLY. 3 CENTS.
THAT'S WHAT IS INCLUDED IN THERE. SO 50%, YOU WOULD GENERATE $12 MILLION BETWEEN THE TWO OVER 25 YEARS. I THINK THERE WILL BE MORE GROWTH. YOU ARE AWARE OF THE TYPE OF PROJECTS COMING IN THAT AREA. AGAIN, JUST TO GIVE YOU ALL AN ORDER OF MAGNITUDE. WE CHOSE TO GO WITH 5 MILLION. THAT'S WHAT GETS REFINED NEXT YEAR. WE WOULD SPEND THE BEGINNING PART OF THE YEAR WORKING ON NUMBER SIX. REALLY REFINING THOSE FORECASTS, WORKING WITH STAFF ON THE KINDS OF COSTS. WORKING WITH YOU ALL ON WHAT PROJECTS YOU WANT TO INCLUDE AS ELIGIBLE EXPENDITURES. IF THERE ARE THINGS YOU DON'T WANT TO SPEND
[00:40:03]
MONEY ON, YOU NEED TO IDENTIFY THAT. SOME COMMUNITIES MANGE IT BROAD. PRETTY WIDE OPEN. BUT IF THERE ARE CERTAIN EXAMPLES THAT WE DON'T WANT TO DO ROADS OR SIDEWALKS AND YOU WOULD JUST PUT THAT IN THAT PROJECT PLAN. SO AGAIN, YO U HAVE TO APPOINT THE TOURIST BOARD. TOURIST BOARD WOULD HAVE TO MEET. THEY WOULD HAVE TO APPROVE THAT PLAN. THEN IT HAS TO COME BACK TO YOU FOR APPROVAL. AND THEN YOU'RE GOOD TO GO. YOU HAVE TO FINISH THOSE STEPS BEFORE YOU CAN SPEND THE MONEY. A LOT OF CITIES WILL KIND OF STOP. THEY LOSE FOCUS OR OTHER THINGS POP UP. YOU HAVE TO END UP WITH THE ZOMBIE TIRZ. YOU ARE NOT SUPPOSED TO SPEND THE MONEY. SO YOU DO HAVE TO GET THROUGH THOSE STEPS TO HAVE SORT OF A FULLY FORMED TIRZ. JUST LIKE YOUR OTHER TIRZ, FINANCE WILL TAKE CARE OF IT. YOU HAVE TO REGISTER THIS WITH THE CONTROLLER EVERY YEAR. YOU APPOINT A BOARD CHAIR EVERY YEAR. PUBLIC MEETING, STANDARD MEETING NOTICES THAT YOU ARE ALREADY DOING ON YOUR EXISTING THREE TIRZ. SO I THINK THE DIRECTION WE NEED TONIGHT IS, DOES THIS MAP MAKE SENSE? DO YOU WANT TO ADD AREAS WE CAN DO OVER THE NEXT DAY OR TWO? DOES 25 YEARS MAKE SENSE? DOES 50% MAKE SENSE? I THINK THOSE ARE THE KEY THINGS TO ANSWER TONIGHT OR GET SOME DIRECTION ON.>> AND WE HAVE TO OPEN UP TO PUBLIC HEARING.
>> I'LL JUST LEAVE IT, MAYOR, FOR FOLKS TO TALK ABOUT.
>> ONE QUESTION. THE DOCUMENT YOU ARE REFERRING, YOU SAID PAGE TWO. I DON'T THINK WE HAVE THAT.
>> I THINK IT WAS E-MAILED TO YOU.
>> E-MAILED RECENTLY? >> NO. IT'S LIKE THIS.
>> THANK YOU. >> SO OPEN UP THE PUBLIC HEARING AT 7:43 P.M. IS THERE ANYONE FROM THE PUBLIC THAT WISHES TO COME UP, REGARDING THIS TIRZ. COME ON UP. WE'LL LEAVE IT OPEN
FOR THE -- >> YOU CAN CLOSE IT, BECAUSE WE
ADVERTISED FOR THE OTHER. >> OKAY, SEEING NO ONE. WE'LL CLOSE AT 7:43. OPEN UP FOR COUNCIL QUESTIONS.
>> SO, MY INPUT, I DEFINITELY WOULD LIKE TO SEE THE ISD PROPERTY ADDED. WHEN IT COMES TO THE THIRD HIGH SCHOOL, THAT IS PLANNED FOR THERE, EVENTUALLY THAT WILL HAVE IMPACTS OUTSIDE THE TIRZ THAT WE WOULD POTENTIALLY -- WHOEVER IS HERE THEN WOULD BE ABLE TO LEVERAGE THE TIRZ TO HELP THE IMPACT. AS FAR AS THE STAR RANCH PROPERTY, I WOULD LEAVE OUT THE RESIDENTIAL. I WOULD LEAVE OUT THE APARTMENTS. BUT I WOULD ADD IN THE COMMERCIAL. EVEN IF IT IS DEVELOPED. I THINK THAT'S PROBABLY OKAY. DEFINITELY THE UNDEVELOPED COMMERCIAL FOR SURE, AND THE UNDEVELOPED LAND IN GENERAL. IN THAT AREA.
>> SO WE CAN DEFINITELY DO THAT. IT MAY LOOK JIG JAGGED AT THE BOTTOM, WHICH IS FINE. YOU'RE ALLOWED TO DO THAT. IT WILL LOOK IN AND OUT. WE CAN DEFINITELY, IF THAT'S THE DIRECTION, DO
THAT. >> WE'LL MAKE A MOTION THAT WE
-- >> THIS MIGHT BE A LITTLE BIT LATER IN THE PROCESS, BUT WITH THE BOARD COMPOSITION AND WITH THIS LAND BEING, WITH THE LOT OF IT BEING IN THE ETJ AS YOU ALREADY MENTIONED, HOW WOULD WE ENSURE, YOU KNOW, BALANCE BETWEEN THE CITY, THE COUNTY, AND PRIVATE SECTORS, STAKE HOLDERS, IS THAT SOMETHING WE WOULD NOMINATE FOLKS OR HOW
WOULD THAT HAPPEN? >> BASE OFFEND WHATEVER, I WOULD SAY IT'S WHATEVER POLICY YOU TYPICALLY USE OR HOW YOU HAVE DONE THE FIRST THREE. I WOULD FOLLOW A SIMILAR PROCESS. THAT WOULD BE THE STANDARD PROCESS. STATE LAW SAYS YOU NEED A MINIMUM OF FIVE. NO MORE THAN 15. SO THAT IS UP TO YOU ALL TO DECIDE WHO YOU WANT TO APPOINT, WHAT THAT COMPOSITION LOOKS LIKE. EVERY TAXING ENTITY THAT JOINS DID CHOOSE TO JOIN. THEY WOULD GET AT LEAST ONE BOARD MEMBER. AND ANY AGREEMENT WITH THE COUNTY WILL BE DONE THROUGH AN INNER LOCAL AGREEMENT WITH LEGAL AND THE CITY MANAGER'S OFFICE, OBVIOUSLY, AND YOU ALL.
MINIMUM OF FIVE. MAX 15, I WOULD SAY MOST KEEP IT SMALL OR MOST GIVE EVERY COUNCIL MEMBER AND THE MAYOR AN APPOINTMENT. I WOULD SAY IN GENERAL, THE PROCESSES YOU FOLLOW, WHICH YOU'RE DOING ON YOUR CURRENT TIRZ, OR WHATEVER YOUR NORMAL PROCESS IS. YOU HAVE TO APPOINT A BOARD CHAIR EVERY YEAR, THAT IS REQUIRED. SO THAT'S HOW THAT WOULD WORK. THEY CAN BE STAGGERED OR NOT, THAT'S AT YOUR DISCRETION.
>> OKAY. >> SO CAN YOU GO BACK TO THE MAP? IS THIS THE MAP THAT THE COUNCIL WANTED TO SEE? IT SEEMS TO ME THAT THE BOUNDARY IS STOPPING CURRENTLY AT THE CREEK.
IT'S NOT ON THE EAST SIDE OF 130. IT DOES NOT INCLUDE THE
[00:45:01]
PROPERTY BETWEEN CHRIS KELLY AND 130, NOR DOES IT INCLUDE THEMUD. >> IT DOES NOT INCLUDE THE MUD ON THE SOUTH AND MAY NOT INCLUDE ALL OF THE PROPERTIES. I SENT A COUPLE OF DIFFERENT VERSIONS AND THIS IS WHAT WE CAME UP WITH.
BUT WE CAN DEFINITELY EXPAND IT. IT DOES PICK UP THE RIGHT OF WAY, ALL ALONG 130. SO THE FULL RIGHT OF WAY IS INCLUDED. WHEN YOU LOOK AT THE PRELIMINARY PLAN, 1300 ACRES. ONLY ABOUT 970 PARCEL ACRES BECAUSE THERE'S A COUPLE HUNDRED ACRES OF RIGHT OF WAY ALONG 130 AND ALL THE OTHER CITY ROADS.
>> WHAT ABOUT THE PARCEL THAT IS JUST SOUTH OF THE EXEMPT
PROPERTY? >> THAT IS NOT INCLUDED. JUST THE PARCELS YOU SEE THAT ARE COLORED, THAT'S ALL WE CURRENTLY HAVE INCLUDED. IT STOPS AT THE MUD. SO WE DIDN'T GO FURTHER SOUTH THAN THE MUD. WE CAN ADD OTHER PROPERTIES IF
YOU WOULD LIKE. >> OKAY. SO MY BELIEF IS THAT THE PARCEL THAT IS NOT IN THERE IS ACTUALLY WHERE TSTC IS.
>> TSTC IS THE YELLOW PROPERTY. >> WHY NOT THE PROPERTY BELOW
IT? >> SOUTH OF THE YELLOW. THE
YELLOW IS WHAT TSTC OWNS. >> THEY PURCHASED A PROPERTY TO THE NORTH. THE PROPERTY IS WHAT IS CUT OUT. THEY OWN THAT PROPERTY TO THE NORTH. I'M SORRY, I SHOULD HAVE MADE THAT CLEAR. THERE IS AN OWNERSHIP MAP AS WELL IN THE APPENDIX TO WHAT YOU HAVE WITH THE PROPERTY OWNER'S NAMES. YOU'RE RIGHT, I SHOULD HAVE CLARIFIED THAT. THEY ARE THE OWNER OF THE YELLOW AND THEY HAVE THE OWNERS TO THE SOUTH AS WELL.
>> THE OVER THING WE HAVE TO BE COGNIZANT OF IS THE NUMBER OF RESIDENTIAL PROPERTIES THAT WE INCLUDE, IF WE INCLUDE THE MUD
TO THE SOUTH. >> IF WE ADD THE MUD, YOU CAN'T GO MORE THAN 30% AT THE TIME. MOST PEOPLE DO IT BY ACREAGE OR
RESIDENTIAL IN THERE. >> WHY WOULDN'T YOU? AND
HERE'S WHY I'M ASKING. >> SIMPLE ANSWER, RIGHT? WHAT WE KNOW FROM EXPERIENCE IS WE DON'T COLLECT ENOUGH PROPERTY TAX FROM RESIDENTIAL TO MEET ALL THE NEEDS. WE NEED MORE COMMERCIAL. IF WE'RE BRINGING IN THAT RESIDENTIAL TO THE CITY, WE NEED THAT PROPERTY TAX. THE SAME AS ANY OTHER HOUSE IN THE
CITY. >> COMMERCIAL ALONG 130?
>> I WOULD TAKE THE COMMERCIAL AND DO THAT, YEAH. I JUST WOULDN'T DO RESIDENTIAL AND I WOULDN'T DO APARTMENTS, BECAUSE IT IS COMMERCIAL, BUT IT IS STILL RESIDENTIAL. I WOULDN'T DO ANY APARTMENT COMPLEXES EITHER.
>> ALL RIGHT. SO I'LL MAKE A MOTION, BETWEEN CAN TELL ME WHAT I SCREWED UP ON IT. TO APPROVE THE MAP WITH THE FOLLOWING CHANGES. WE ADD IN THE ISD LAND THAT IS KNOWN AS THE THIRD HIGH SCHOOL. WE ADD IN THE STAR RANCH UNDEVELOPED LAND AND WE ADD IN THE STAR RANCH COMMERCIAL LAND THAT GOES ALONG 130 TO GADIS
ROAD. >> IS THERE ANY REASON NOT TO
ADD IN THE TSTC LAND IF >> THEY ARE BUILDING MORE ON
THERE. >> WE ADD THAT IN, TOO. AND THE ONLY OTHER THING I WOULD ADD IS THAT WE -- IF I GET A SECOND, THE OTHER PART OF THIS IS, WE UTILIZE THE NEXT SIX WEEKS. WE TRY TO GET YOU ON THE AGENDA TO PRESENT THIS INFORMATION TO THE COUNTY TO TRY AND GET THEIR BUY-IN ON IT.
>> DEFINITELY CAN. I THINK WHAT IS COMMON. OBVIOUSLY, YOU ALL HAVING CONVERSATIONS WITH THE COUNTY. A LITTLE BIT EASIER ONCE YOU ARE DONE AND IT'S APPROVED. YOU TAKE THEM AND APPROVED TIRZ
TO JOIN. >> WHAT THEY WILL BE INTERESTED TO SEEING, WHAT DO WE ENVISION USING THE MONEY FOR? AND ANY STIPULATIONS THEY WOULD HAVE. THEY WOULD PUT IN THE INTERLOCAL AGREEMENT AND YOU ALL WOULD JUST -- THEY WILL SAY, COME IN AT 30%, NOT 50. THEY WOULD IDENTIFY ALL OF THOSE THINGS AS AT AGREEMENT. WE CAN DO THAT, MAYOR.
>> I HAVE A SECOND. >> SECOND.
>> DISCUSSION OF THE MOTION? >> CLARIFY, IT'S THE ISD LAND, THE TSTC LAND, AND YOU SAID TWO DIFFERENT STAR RANCH COMMERCIAL AND WHAT WAS THE OTHER? STAR RANCH UNDEVELOPED? IT IS UNDEVELOPED COMMERCIAL. NOT RESIDENTIAL, IS THAT RIGHT?
>> IT'S UNDEVELOPED LAND. >> WE DON'T KNOW. THEY COULD DO
ANYTHING ON IT. >> I HAVE TO PROBABLY LOOK TO SEE HOW. I HAVE TO THINK ABOUT HOW YOU WOULD DO THAT. HOW IT IS CURRENTLY ZONED OR WHAT THAT PLAN HAS.
>> I'M JUST DOING IT AS, THEIR UNDEVELOPED LAND. DOESN'T
BOTHER ME. >> WHAT WE KNOW IS THEY CAN
CHANGE WHAT THEIR PLAN IS. >> THE ISSUE MIGHT BE, IF WE LOOK AT THE DOCUMENTS, AND I NEED TO LOOK THIS ONE UP. DO THEY HAVE PROPERTY THAT IS LISTED AS UNDEVELOPED WITHOUT AN
[00:50:01]
IDENTIFIED LAND USE? IF YOU DID PUT THAT IN THE TIRZ, IT COULDBECOME RESIDENTIAL. >> IT COULD BE.
>> I DON'T KNOW. I WOULD HAVE TO LOOK AT THE DOCUMENT. IF THEY HAVE PROPERTY THAT SAYS FUTURE DEVELOPMENT AND THEY DON'T TELL US WHAT IT IS, DO YOU WANT THAT INCLUDED OR NOT?
>> WHAT I'M ASKING FOR IS ALL UNDEVELOPED LAND, WHETHER IT BE
RESIDENTIAL, COMMERCIAL. >> REGARDLESS WHAT THEY WILL USE
IT FOR. >> TO ME, IT'S A PLAN THAT
COULD CHANGE TOMORROW. >> IT'S KNOWN COMMERCIAL, EXCLUDING MULTIFAMILY RESIDENTIAL, AND UNDEVELOPED LAND REGARDLESS OF WHAT THEY ARE GOING TO USE IT FOR. THE HIGH
SCHOOL, AND TSTC PROPERTY. >> IS THAT THE BIG TRIANGLE PIECE BETWEEN 35 AND CHRIS KELLY?
>> YEAH. THAT WOULD BE ONE. BECAUSE I HEARD APARTMENTS, I HAVE HEARD INDUSTRIAL. I HAVE HEARD OF SAM'S CLUB.
>> OKAY. >> I HAVE A QUESTION. SOUTH -- I HAVE A MAP. IT'S AN OLD ONE. I DON'T KNOW EXACTLY WHERE IT CAME FROM. SOUTH OF 79 ON BOTH THE NORTHBOUND AND SOUTHBOUND FRONTAGE ROAD OF 130. BASICALLY, UP TO BRUSHY CREEK, AND IT CONTINUES ON BOTH SIDES OF 130 FROM CHRIS KELLY OVER TOWARD STAR RANCH. ON THE WEST SIDE OF 130, ALL THE WAY DOWN, IS THAT THE MUD? WHY DID WE THINK ABOUT INCLUDING THAT AND ARE WE NOT
INCLUDING IT NOW? >> TALKING ABOUT THE MUD OR SOME OF THOSE PROPERTIES? I WOULD HAVE TO LOOK AT SPECIFIC MAP.
THERE ARE A COUPLE VERSIONS THAT I HAD A COPY, THAT WE LOOKED AT AND BASED ON WHERE WE HAD DEVELOPMENT THAT WOULD LIKELY
TAKE PLACE. >> THE KEY THING FOR ME IS BOTH
THE NORTHBOUND, SOUTHBOUND. >> THIS WILL BE COMMERCIAL. I THINK IT'S A FLOOD PLANE. I DON'T KNOW IF IT'S A CREEK OR PARK. I THINK MY RECOMMENDATION WAS, IF THEY ARE NOT PAYING TAXES, YOU DON'T KNOW IF THEY ARE COMING IN. YOU CAN LEAVE THE MUD OUT, AND OBVIOUSLY, WE CAN ADD THAT BACK IN. BECAUSE IT'S A MUD, WE DON'T KNOW. WHEN IT'S GOING TO COME IN, WHO KNOWS HOW STATE LAW CHANGES. LEAVE THAT ALONE, AND FOCUS MORE ON YOUR UNDEVELOPED PROPERTIES. BUT WE CAN ABSOLUTELY ADD IN THE COMMERCIAL AND UNDEVELOPED. BUT THAT'S A LOT OF THE STAR RANCH.
YOU CAN HAVE A TIRZ, SO WE DON'T WANT TO START CUTTING AREAS IN AND OUT AND TRYING TO DO THAT.
>> THANK YOU FOR THE CLARIFICATION. ALL RIGHT, ANY
OTHER DISCUSSION? >> YEAH, ONE CLARIFICATION. SO THE MOTION IS TO APPROVE THE MAP. DO WE ALSO NEED TO APPROVE THE FULL ORDINANCE, OR IS THAT TWO SEPARATE MOTIONS?
>> WE'LL BRING BACK THE ORDINANCE, BECAUSE WE'LL HAVE TO CREATE A NEW MAP AND ADD THESE PROPERTIES TO IT.
>> WE'RE JUST DOING THE MAP TONIGHT.
>> YOU CAN ALSO, IF YOU HAVE ANY RECOMMENDATIONS FOR WHO MIGHT SERVE ON THE TIRZ BOARD, YOU CAN INCLUDE THAT IN THERE.
>> I JUST KEEP IT AS WHATEVER THE TIRZ IS OR SOMETHING, SIMPLE LIKE THAT FOR NOW, AND WE CAN CHANGE THE PEOPLE OUT WHEN IT HAS REVENUE OR STUFF TO DO, IN MY MIND.
>> YEAH, I THINK IT'S EASIER ONCE YOU IDENTIFY IN THE ORDINANCE. YOU SHOULD LISTEN TO LEGAL. MAKE SURE YOU ARE GOOD ON 25 YEARS, 50% WORKS, AND THIS BOUNDARY, YOU KNOW, NUMBER OF BOARD MEMBERS HAVE TO DECIDE, AND MAKE SURE THIS BOUNDARY WORKS WITH THOSE ADDITIONS. THOSE ARE THE THINGS TO GET RESOLVED TONIGHT THAT MAKE LIFE EASIER GOING FORWARD.
>> YEAH, I DON'T HAVE A PROBLEM PERSONALLY WITH THE PERCENTAGE.
I CAN SEE IT GOING HIGHER IF THEY WILL REIMBURSE THE MILLIONS WE ARE CURRENTLY EARMARKING TO SPEND FOR FUTURE WASTE WATER LINES AND IMPROVEMENTS IN AN EFFORT TO REDUCE OUR WATER. WE CAN ALSO, 50%, AND THEN I AM PRETTY SURE, CORRECT ME IF I'M WRONG. I'M PRETTY SURE THE VALUE THAT WE PUT IN THE TIRZ, THAT DOES NOT GO INTO THE CALCULATIONS FOR A TAX RATE, NO NEW REVENUE. THAT EXCLUDES ALL THAT WITH THE PROPERTY.
>> I THINK IT IS ROW 17 OF THAT TAX RATE WORK SHEET. YOU MAKE AN ADJUSTMENT FOR THE VALUE YOU PUT IN THE TIRZ.
>> THAT'S WHAT I LIKE ABOUT THE TIRZ, SOME OF THIS HIGHER VALUE STUFF WE'RE ABOUT TO HAVE MAJOR GROWTH OUT HERE. I SEE IT AS A WAY TO UTILIZE THE MONEY IN A CERTAIN AREA AND ALSO TO KIND OF SOFTEN THE INCREASES, BECAUSE A WHOLE BUNCH OF VALUE GOES UP, AND VALUE COME DOWN. SO, THAT'S KIND OF MESSY. THE ONLY OTHER THING I WOULD CHANGE. I DON'T KNOW IT NEEDS TO BE CHANGED NECESSARILY. RIGHT NOW, WE'RE OFFERING TO PUT COUNTY PEOPLE ON, BUT THEY HAVEN'T COMMITTED TO BEING PART OF IT. SO THAT PART I DON'T KNOW. IT CAN BE RESOLVED AT THE NEXT MEETING.
BUT IF THEY HAVEN'T COMMITTED TO BEING IN, THEN I DON'T KNOW
[00:55:02]
IF THAT NEEDS TO BE THERE. BUT IF THEY DO DECIDE.>> CHECK THE WORDING, THE WAY WE WRITE IT, WE'LL ADD, LIKE ESTABLISH THE TIRZ BOARD IS FIVE. HOWEVER THE COUNTY JOINS, I THINK THEY GET ONE OR MAYBE TWO. SAY TWO IN THE OTHER ONES.
>> OKAY. >> SOMETIMES THE ORDINANCE SAYS IT WILL BE FIVE. IF THEY JOIN, THEY GET THE ONE. YOU COVER IT BOTH, BUT IT'S CLEAR THEY DON'T GET THE PERSON UNLESS THEY JOIN. I THINK YOU'RE ABLE TO WRITE IT.
>> WE'LL CLARIFY THAT. >> OKAY. MAYOR SNYDER.
>> AYE. >> COUNCIL MEMBER THOMPSON.
>> AYE. >> COUNCIL MEMBER GORDON.
>> AYE. >> COUNCIL MEMBER MORRIS.
>> AYE. >> COUNCIL MEMBER KING.
>> THAT BRINGS US TO THE CONSENT AGENDA. 11.1 THROUGH --
>> ARE WE GOING TO WAIT TO DO THE BOARD MEMBERS UNTIL LATER?
>> I HEARD TO BRING TO THE COTTONWOOD PEOPLE.
>> SO, I LOOKED IT UP. THE COTTONWOOD PEOPLE ARE DAN THORNTON, JIM MORRIS, TANYA SNEAD, AND RICK HUDSON IS ON THERE. BASED ON OUR PASSING OF THE MOST RECENT PROTOCALLS, HE IS NO LONGER ELIGIBLE, BECAUSE HE IS OVER THE TWO LIMIT. SO WE HAVE FOUR PLUS ONE OTHER ONE THAT NEED TO COME UP WITH.
>> WHO WOULD LIKE TO BE THE FIFTH?
>> IS MORRIS ALREADY ON THERE? >> YEAH.
>> HE LIKES TO DO IT TWICE. >> SINCE HE SPOKE FOR ME, I'LL SPEAK FOR HIM. I'LL THROW MY NAME IN THERE.
>> THERE WE GO. ALL RIGHT, I'LL MAKE A MOTION. ARE YOU GOOD? DO WE NEED TO MAKE THAT AS A MOTION?
>> IF THERE'S NO OBJECTION, JUST READ THEM OFF. AND WE'LL BRING IT BACK IN THE ORDNANCE.
>> DAN THORNE SON, JIM MORRIS, AMBER LEE, TANYA SNEAD, AND EVAN
PORTERFIELD. >> THE RULE IS, YOU CAN'T BE ON MORE THAN TWO. THAT WOULD BE THE ONLY CATCH THERE. I'M NOT SURE
IF SHE WAS ON TWO. >> SHE'S ONLY ON ONE.
>> OKAY, I WASN'T SURE. >> THERE'S AN EXCEPTION FOR COUNCIL MEMBERS. I WAS GOING TO SAY, FOR THE REST OF US.
>> OKAY. ANY OBJECTIONS TO THAT? >> STAFF WILL CHECK TO MAKE SURE THESE PEOPLE ARE WILLING TO BE THERE AND IF NOT, WE'LL LEAVE
IT BLANK. >> SO, WE'RE SAYING AMBER LEE
>> THIS WOULD BE HER THIRD. >> OH, I THOUGHT YOU SAID SHE'S
ONLY ON ONE. >> SHE IS ON TIRZ BOARD NUMBER ONE, AND TIRZ BOARD NUMBER THREE.
>> WE NEED ONE OTHER PERSON UP HERE.
>> I'LL THROW MY NAME IN. >> COUNCIL MEMBER KING.
>> WE'LL HAVE TO NAME A CHAIR. >> ALL RIGHT. READY TO MOVE ON?
[11. CONSENT AGENDA ITEMS]
ALL RIGHT, CONSENT AGENDA ITEMS 11.1 THROUGH 11.12. ANY ITEMSANYONE WISHES TO PULL? >> I WOULD LIKE TO PULL 11.1 AND
11.2. >> ANY OTHERS? ENTERTAIN A
MOTION FOR THE REMAINDER. >> SECOND.
>> THAT WAS THE FIRST. >> SECOND.
>> YOU DO FIRST AND SECOND, JIM. >> SECOND BY COUNCIL MEMBER GORDON. DO WE HAVE ANY OTHER DISCUSSION? HEARING NONE, PLEASE
CALL THE VOTE. >> COUNCIL MEMBER THOMPSON.
>> AYE. >> COUNCIL MEMBER MORRIS.
>> AYE. >> COUNCIL MEMBER PORTERFIELD.
>> AYE. >> COUNCIL MEMBER KING.
[11.1. Consideration and possible action on Resolution No. R-2025-332 to award the Ed Schmidt Sidewalks Project to WJC Constructors in the amount of $529,239.90 and authorizing the City Manager to execute the construction contract with WJC Constructors (CIP Project T10-2023). (Matt Rector)]
>> MOTION PASSES 7-0. NEXT, WE HAVE ITEM 11.1. CONSIDERATION POSSIBLE ACTION ON RESOLUTION NUMBER R-2025-332 TO AWARD THE ED SCHMIDT SIDEWALKS PROJECT TO WJC CON INSTRUCTORS IN THE AMOUNT OF $529,239.90 AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONSTRUCTION CONTRACT WITH WJC CONSTRUCTERS.
>> MY QUESTION ON THIS ONE, MATT, EXCUSE ME, IS THIS, IT
[01:00:09]
LOOKS LIKE WJC CONSTRUCTERS IS NEW FOR THE CITY. THEY HAVEN'T WORKED WITH US BEFORE. CORRECT? HOW DID YOU VET THEM?>> SO, THE WAY WE TYPICALLY DO IT IS WE ASK FOR REFERENCES IN THE BID PACKAGE AND WE HAVE THE CONSULTING ENGINEER CALL THE REFERENCES THAT ARE IN THERE AND ASK HOW THEY PERFORM FOR OTHER CITIES, COUNTIES, WHOEVER ORGANIZATIONS THEY LISTED IN THERE. AND SO WHEN -- SORRY. WHEN THE CONSULTANT CALLED THE REFERENCES, THEY ALL GAVE THEM GOOD REFERENCES. THEY GOT THEIR STUFF ON TIME AND THEY WERE EASY TO WORK WITH. THAT'S HOW WE
>> THAT WAS PRETTY MUCH MY ONLY QUESTION ABOUT THEM.
>> I'LL MAKE A MOTION TO APPROVE 11.1 AS PRESENTED.
>> MOTION BY COUNCIL MEMBER THOMPSON.
>> SECOND. >> SECOND BY COUNCIL MEMBER
KING. OPEN UP FOR DISCUSSION. >> JUST A CLARIFICATION ON AGENDA ITEM 1. 11.1. IT SAYS PROJECT NUMBER ONE. THERE WERE BID SEPARATELY FOR PROJECT ONE AND PROJECT TWO.
>> CORRECT. SO AS DESIGNATED IN THE AGENDA ITEM REPORT. SO, 11.1 IS FOR PROJECT ONE, AND THEN WHEN WE GET TO AGENDA 11.2, THAT
IS FOR PROJECT TWO. >> CORRECT. SO TO CLARIFY, ORIGINALLY, THEY WERE AWARDED TO ONE CONSULTING FIRM, BECAUSE IT WAS THE ED SCHMIDT PROJECT, COUNCIL HAD SAID, FOCUSED ON THE SIDEWALKS ON THE SOUTH AND THE INTERSECTION ON THE NORTH. SO THAT'S WHAT WE DID AND THEN THE CONSULTANT SAID IT'S EASIER IF WE BREAK THEM UP INTO TWO DIFFERENT PLAN SETS SINCE THEY ARE SO FAR APART. THAT'S WHY WE BID THEM OUT AS PROJECT ONE AND PROJECT TWO. JUST BECAUSE IT MADE THINGS A LITTLE CLEANER TO BREAK IT AND IT HAPPENED WITH TWO DIFFERENT CONTRACTORS.
>> THAT'S WHERE I THOUGHT I UNDERSTOOD. THANK YOU FOR
>> SO ESSENTIALLY, THEY WILL BE RUNNING AT THE SAME TIME, BUT W JC WILL BE TAKING CARE OF THE SIDEWALKS WHILE JARED JERDON ENTERPRISE IS TAKING CARE OF THE OTHER.
>> I'M TAKING AT THIS, RESTORE RESPONSIBILITY TO THE APPROACH.
>> WORKING ON THIS. >> HERE'S MY ONLY CONCERN ON THIS. I LOOK AT THIS -- SOMETHING HAPPENED, BECAUSE I KNOW AS I REMEMBER, WE WERE GOING TO ENGINEER THIS. AND I HAD QUESTIONS BACK THEN IN TERMS OF, SOME OF THIS, WE LOOK TO BE ENGINEERING AND POSSIBLY CONSTRUCTING ON STUFF THAT CURRENT PEOPLE ARE GETTING READY TO BUILD ON. ONE OF THEM IS SCOTT WHITE. MY EXPERIENCE HAS BEEN WHEN YOU REDO A BUILDING, YOU ADD, YOU'RE RESPONSIBLE FOR THE UPGRADES. PART OF ME IS, I WANT CONNECTIVITY, BUT I DON'T NECESSARILY WANT THE TAXPAYER TO PAY FOR SOMETHING THAT WE MAKE EVERY OTHER BUSINESS. THE DAYCARE, THE TOWN PLACE SUITES. ALL OF THEM HAD TO DO IT, AND SCOTT WHITE IS EXPANDING. THEY HAVE TO BUILD THEIR PORTION OF THE SIDEWALKS. I DON'T MIND ENGINEERING. THAT WOULD BE A GOOD PARTNER. THE OTHER ISSUE I HAVE IS WHEN WE'RE GOING UP, WE HAVE PART OF IT IS IN THE ETJ, FOR THE CHURCH, WHICH THIS IS A GREAT OPPORTUNITY FOR THE CHURCH TO ANNEX INTO THE CITY. DOESN'T COST ANY TAXES, BUT WE COULD PUT CITY FUNDS TOWARDS PROPERTY THAT IS IN THE CITY. AND THEN JUST NORTH OF THE CHURCH, THERE'S REALLY, I DON'T SEE ANY REASON UNTIL THE DEVELOPMENT HAPPENS, WHICH WE JUST HAD A MEETING TODAY ABOUT IT. BUT TO BUILD A SIDEWALK ALL THE WAY ON THE EAST SIDE OF ED SCHMIDT. IF WE HAVE A SIDEWALK ON THE WEST SIDE, BECAUSE IT SEEMS LIKE WE'RE NOW BUILDING A SIDEWALK AND THEN THE DEVELOPERS COME IN AND WE SHOULDERED $300,000 IN COSTS THAT WOULD HAVE BEEN BUILT AND IF WE DO BUILD IT, I DON'T KNOW IF IT'S THAT BIG OF AN ISSUE, TO GET UP AND CROSS LEMAR OR ED SCHMIDT. SO I HAVE HESITATIONS FROM THAT. WHEN YOU LOOK ON THE WEST SIDE, THERE'S NOT A LOT OF SIDEWALK MISSING ON THE WEST SIDE OF ED SCHMIDT. MOST OF IT IS UP THE INTERSECTION OF 79. I THINK ALONG HOME DEPOT NEEDS TO
[01:05:03]
BE DONE. SOME SORT OF A CONTRADICTION. WHY WOULD I SPEND MONEY FOR THE HOME DEPOT SIDE? THEY BOTH DON'T HAVE SIDEWALKS BASED ON OLD OUTDATED GUIDELINES. IF LOWE'S WAS TO REDEVELOP AND THAT TRIGGERED A NEED. IF WE DIDN'T HAVE SIDEWALKS, WE WOULD FORCE THEM TO DO IT THEN. THAT'S WHY I'M HUNG UP ON THIS. IT'S HALF A MILLION DOLLARS. WE'RE TALKING REAL MONEY. AND AT BEST, THE WEST SIDE OF, THE WEST SIDE OF ED SCHMIDT WILL BE USED. THE MONEY SPENT ON THE EAST SIDE WOULD BE SPENT ON SIDEWALKS DOWN OLD TOWN OR SOMETHING, VERSUS MONEY THAT WE HAVE DEVELOPERS THAT ARE MEETING WITH US ABOUT DEVELOPING A PROPERTY. SO I SEE SIDEWALKS ON THE EAST SIDE WITH OUR PLANS BEING DONE. I DON'T WANT TO BLOW THIS UP. I WOULD RATHER, I HAD IT MY WAY, I WOULD RATHER IT COME BACK AMENDED. WE NEED TO DO THE WEST SIDE. AND PAY US BACK, AND WHAT THAT LOOKSLIKE. >> MAYOR, CAN I JUMP IN?
>> SURE. >> SO, JUST TO REMIND THE COUNCIL. SOME OF YOU ARE NEW. AND SOME OF YOU WEREN'T HERE FOR THE CONVERSATION. THIS WAS PRESENTED TO THE COUNCIL BACK IN LATE '23, EARLY '24. AND THIS WAS PART OF AN ED SCHMIDT STUDY.
THE REASON WE WERE FOCUSING SIDEWALKS ON THE EAST SIDE WAS MOSTLY BECAUSE OF THE HIGH SCHOOL KIDS WALKING UP CARL STERN, CROSSING 79, AND WALKING THROUGH THE DITCH. AT THE TIME, THAT WAS ONE OF THE SAFETY CONCERNS. THE DIRECTION FROM THE COUNCIL BACK THEN WAS, LET'S PUT THE SIDEWALK IN. LET'S NOT DO ANYTHING ELSE PER THAT SAFETY REPORT. LET'S FOCUS ON THE SIDEWALK AND GET IT UP TO THE CHURCH. SO THAT WAS ONE THING. I DON'T KNOW IF THAT HELPS YOU UNDERSTAND WHY WE'RE FOCUSING
ON THE EAST. >> BEFORE YOU GO ON. SO THAT DOES, AND I SUPPORT THAT. BUT WE GOT IT GOING PAST THE CHURCH
NOW. >> IT STOPS AT THE NORTHERN
PROPERTY OF THE CHURCH. >> I THOUGHT I SAW PLANS GOING
UP ALL THE WAY UP. >> JUST TO THE CHURCH.
>> THE PLANS YOU SENT DIDN'T INCLUDE GOING UP ALONG THE POWER
LINE? >> NOT ALONG THE EAST SIDE. IT STOPS AT EMERY FARMS. IT'S EMERY FARMS SOUTH.
>> THE ONLY PART THAT CHANGED SINCE THEN, WHEN WE FIRST HAD THAT MEETING, NOT IN CONSTRUCTION, AND SINCE THEN, TORE DOWN PART OF THE BANK AND WENT INTO CONSTRUCTION, SO TO ME, THAT TRIGGERED, I HATE TO SAY THE WORD, NEW PIECE OF INFORMATION, THAT'S SOMETHING NEW.
>> YOU'RE ABSOLUTELY RIGHT, MAYOR. WE HAD E-MAILS. SO WHEN THIS CONTRACT WAS PUT TOGETHER, WE WERE WORKING THROUGH THE DESIGN. THERE WERE CONVERSATIONS GOING, SHOULD THEY BUILD A SIDEWALK? MY STANCE, IF THEY ARE TOUCHING THEIR SITE, THEY SHOULD BUILD THEIR SIDEWALK. SO OBVIOUSLY, WE'VE PUT THIS ON THE AGENDA, BECAUSE WE HAD TO HAVE THIS ON THE AGENDA, WHAT, LAURA, A WEAK OR TWO AGO? WE HAD TO HAVE IT ALL IN HERE. SO THIS WEEK, IN FACT, YESTERDAY WHEN I WAS IN MY ENGINEERING MEETING WITH MY TEAM, ONE OF MY PLAN REVIEW ENGINEERS BROUGHT ME A PLAN FOR THE SITE AND SAID HEY, DO YOU WANT THEM TO A PUT A SIDEWALK THERE? WE'RE ABOUT TO BUILD A SIDEWALK THERE. NO, THEY'RE GOING TO PUT THE SIDEWALK THERE. AND WE WILL DO A DEDUCTIVE MODIFICATION TO OUR CONTRACT TO EITHER REMOVE IT OR THEY CAN PAY US INSTEAD OF BUILDING THAT SIDEWALK, BECAUSE WE HAVE DONE THAT IN SEVERAL OTHER INSTANCES. THEY CAN PAY US THE COST THEY WOULD HAVE HAD TO PAY AND TAKE THAT MONEY AND PUT IT ON THIS CONTRACT AND WE'RE DONE. SO THAT'S THE FEEDBACK THAT THEY ARE GOING TO BE GETTING. WE JUST GOT THAT SITE PLAN, LIKE LAST WEEK. AND SO IT JUST CAME IN FRONT OF ME
YESTERDAY. >> OKAY. SO THE $500,000 MINUS THAT WILL BE THE SIDEWALK ALONG WALGREEN'S? AND THEN RIGHT WHEN YOU GET TO A PLUS, THERE'S A SIDEWALK. IT GOES ALL THE WAY UP PAST LOWE'S. IT GOES THROUGH THE HUTTO, THERE'S A SPOT THAT NEEDS TO BE DONE. WHERE WE USED TO VOTE. THE HOTELS HAVE IT. THE NEW HOTEL HAS IT. THE PAD BETWEEN THE NEW HOTEL AND THE CHILDCARE NEEDS THAT DONE. AND THEN ALL THE WAY UP ALONG EMERY FARMS IS DONE, BUT WE'LL BE PUTTING IT IN ALONG THE SUBSTATION. ACTUALLY, NO. ALONG THE SUBSTATION.
>> THE SCOPE OF THE SIDEWALK INSULATION, EMERY FARMS SOUTH.
>> THIS IS WHAT THEY SENT US. THEY SENT THIS TO US ON
>> THAT SHOWS IN RED WHAT THE ACTUAL, WHAT'S INCLUDED.
>> MY APOLOGIES. SHOULD HAVE HAD A BETTER MAP.
[01:10:05]
>> I LOOKED AT THAT ONCE I THINK.
>> I WANT TO MAKE SURE. IF I READ THIS RIGHT. THEY'LL HAVE
THIS DONE IN 90 DAYS. >> THAT'S THEIR TIME LINE.
THAT'S THEIR SCHEDULE THEY GAVE US.
>> THAT'S WHAT THEY SAID. YOU CAN IMAGINE, IT STARTS DECEMBER 1. SO, IF WE APPROVE THIS, THE BEST WAY TO GET THE $500,000 BACK IS TO HIT THEM WITH $750 A DAY.
>> THAT PART THERE. THAT'S THE $500,000 RIGHT THERE.
>> ON THE MAP THAT WE SENT OUT, IT'S JUST THE LITTLE PIECES IN RED? THAT'S WHERE WE'RE DOING THE WORK.
>> CAN I ASK A DIFFERENT QUESTION? THE HOTEL SIDEWALK.
GOING TO STRETCH A LITTLE BIT. IS THERE GOING TO BE A RAILING THERE? I NOTICE IT'S REALLY ELEVATED OVER THE DRAINAGE. JUST
WONDERING IF YOU KNEW THAT. >> SO, IF WE ARE ADDING IT AND THERE'S MORE THAN A DROP OFF, THEN YES, WE WOULD ADD A RAIL.
IF THE HOTEL ALREADY BUILT IT, I CAN'T MAKE THEM ADD A RAIL NOW.
>> OKAY. >> I DON'T KNOW IF THAT ANSWERS
YOUR QUESTION. >> I THINK YOU HAVE TO LOOK AT IT. I THINK THERE WILL BE MORE QUESTIONS.
>> DO YOU SEE A NEED THAT THE CHURCH, WE SHOULD TRY TO GET THE
CHURCH TO ANNEX IN? >> I DON'T THINK IT HURTS TO
ANNEX THEM IN. >> I MEAN BEFORE WE -- DO THE
SIDEWALK THERE? >> WHAT'S THE BENEFIT?
>> I THINK THE BENEFIT IS TO HAVE EVERYBODY IN THE CITY, ESPECIALLY IF YOU START DOING CITY SERVICES AND CITY IMPROVEMENTS. JUST -- I WOULD SAY WHY NOT COME INTO THE CITY,
IF YOU ARE ALREADY A NONPROFIT? >> I THINK AS FAR AS THIS PROJECT GOES, IT WOULD DELAY THAT PART OF THE PROJECT.
BECAUSE IT TAKES TIME. I THINK IT JUST INVITE THEM TO ANNEX, SAY HEY, WE'RE BUILDING THE SIDEWALK, WE WANT YOU IN THE
>> I DON'T KNOW WHY, I DON'T WANT TO SAY HOLD SOMETHING OVER THEM, BUT IF YOU'RE GOING TO DO SOMETHING FOR SOMEBODY, THEY WILL SAY, WHY? WHY WOULD I ANNEX IN? PUT SIDEWALKS THERE ANYWAY.
I WANT ALL THESE IMPROVEMENTS. I WOULD LIKE TO SEE THEM BEYOND.
>> IF A CHURCH DOESN'T ANNEX IN, WE DON'T GAIN PROPERTY TAX ANYWAY. WE'RE NOT LOSING ANYTHING. IF WE JUST SAY, WE WOULD REALLY LIKE YOU TO ANNEX IN THE CITY. AND BY THE WAY, WE'RE BUILDING A SIDEWALK ALREADY. I DON'T KNOW WHY THEY WOULDN'T AT THAT POINT. IF IT WAS A COMMERCIAL THING, AND THERE WAS MONEY INVOLVED, THAT MIGHT GO MORE WITH WHAT YOU'RE THINKING. I THINK IT'S OKAY TO DO IT THAT WAY, IN THIS CASE.
>> ALL RIGHTY. ANY OTHER DISCUSSION?
>> SO I WOULD LIKE TO OFFER AN AMENDMENT TO THE EXISTING MOTION TO APPROVE AS PRESENTED, BUT TO STIPULATE THAT BAYLOR SCOTT AND WHITE NEEDS TO COVER THE COST OF THEIR PORTION OF THE SIDEWALK EITHER THROUGH BUILDING IT THEMSELVES AND THEN WE GET A DEDUCTIVE ORDER OR THEY REIMBURSE US.
>> I'LL SECOND THAT. >> SECONDED BY COUNCIL MEMBER THOMPSON. ANY DISCUSSION TO THE AMENDMENT? HEARING NONE. PLEASE
CALL THE VOTE. >> THIS IS JUST A FRIENDLY AMENDMENT THAT WAS ACCEPTED OR A FULL BLOWN MOTION?
>> I'LL ACCEPT IT. >> CAN IT BE FRIENDLY IF IT
CHANGES THAT MUCH? >> MAKER AND THE MOTION AGREE TO
ADD IT, THAT'S FINE. >> PARDON ME?
>> ARE YOU OKAY ADDING THAT? >> I'M FINE WITH THAT.
>> OKAY, MAKE IT A FRIENDLY MOTION. ALL RIGHT, ANY OTHER DISCUSSION ON THE MOTION? ALL RIGHT. HEARING NONE, PLEASE CALL
>> AYE. >> COUNCIL MEMBER THOMPSON.
>> AYE. >> COUNCIL MEMBER SNYDER.
>> AYE. >> COUNCIL MEMBER MORRIS.
>> AYE. >> COUNCIL MEMBER PORTERFIELD.
>> AYE. >> MOTION PASSES 7-0. NEXT, ITEM
[11.2. Consideration and possible action on Resolution No. R-2025-333 to award the Ed Schmidt and Limmer Loop Intersection Improvements Project to Jerdon Enterprise, LP in the amount of $305,004.70 and authorizing the City Manager to execute the construction contract with Jerdon Enterprise, LP (CIP Project T10-2023). (Matt Rector)]
11.2, CONSIDERATION POSSIBLE ACTION ON RESOLUTION H-2025-333 TO AWARD THE INTERSECTION IMPROVEMENTS PROJECT TO JERDEN ENTERPRISE AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE[01:15:03]
CONSTRUCTION CONTRACT WITH JERDEN ENTERPRISE.>> SO, THE REASON I PULLED THIS ONE IS SIMILAR TO 11.1. SO, HOPEFULLY WE'LL GET THROUGH THIS ONE FAIRLY QUICKLY. IT LOOKS LIKE WE HAVE HISTORY WITH JERDON ENTERPRISE. IS THAT
CORRECT? >> THE ONE WE JUST FINISHED.
>> AND THAT'S THE ONE THAT KEPT GETTING DELAYED? IS THAT -- OR
AM I CONFUSING THAT? >> EXCHANGE IN LIMMER. THEY WERE FLEXIBLE. WE HAD AWARDED THE CONSTRUCTION CONTRACT, AND NEEDED TO PUT THE TEMPORARY SIGNAL IN. SO THEY PUT THAT TEMPORARY SIGNAL IN, AND THEY FINISHED EVERYTHING ELSE.
>> DID THEY FINISH ON TIME? >> OTHER THAN WHEN YOU ACCOUNT FOR THE DELAY BECAUSE OF ADDING A TEMPORARY SIGNAL IN THERE, YES. WE HAD TO CHANGE THEIR CONTRACT TIME. WE ADDED WORK:
>> THE ONLY PROJECT THEY HAVE DONE WITH US?
>> AS FAR AS I KNOW, YES, SIR. >> THE BIGGEST CONCERN FOR ME IS WHEN THEY PRESENT A SCHEDULE THAT THEY HONOR THAT SCHEDULE.
AND DON'T MAKE ANY EXCUSES ABOUT WHY IT CAN'T BE DONE.
THERE CAN BE A WORK AROUND. SO, BASED ON THE HISTORY THAT WE'VE HAD WITH THEM, THAT'S MY BIGGEST CONCERN. IS WHEN WE PULL THE TRIGGER, WE NEED TO HOLD THEM ACCOUNTABLE TO GETTING DONE
ON TIME. THAT'S ALL. >> YES, SIR.
>> SECOND BY COUNCIL MEMBER GORDON. ANY OTHER DISCUSSION? HEARING NONE, PLEASE CALL THE VOTE.
>> COUNCIL MEMBER MORRIS. >> AYE.
>> COUNCIL MEMBER KING. >> AYE.
>> COUNCIL MEMBER THRONSON. >> AYE.
[12.1. Consideration and possible action on Resolution No. R-2025-338 approving a Memorandum of Understanding with Texas Veterans Commission to Enhance Veteran Service Delivery and Benefit Access. (City Manager Earp)]
>> MOTION PASSES 7-0. NEXT WE HAVE ITEM 12.1. CONSIDERATION POSSIBLE ACTION ON R-2025-338 APPROVING A MEMORANDUM OF UNDERSTANDING WITH TEXAS VETERAN'S COMMISSION TO ENHANCE VETERAN SERVICE AND BENEFIT ACCESS.
>> GOOD EVENING, COUNCIL. ANGELA, I AM PRESENTING ON BEHALF OF KATE WHILE SHE IS OUT. FOR VETERANS WITHIN THE COMMUNITY BY PARTNERING WITH THE TEXAS VETERAN'S COMMISSION. THE TVC PROVIDES BENEFITS COUNSELING CLAIMS ASSISTANCE, REFERRALS FOR HEALTHCARE AND MENTAL HEALTH SERVICES AND ACCESS TO HOUSING RESOURCES. UNDER THIS, THE CITY OF HUTTO WILL COLLABORATE TO INCREASE THESE SERVICES LOCALLY. ADDITIONALLY, THIS COLLABORATION ENHANCES ACCESSIBILITY TO SERVICES FOR VETERANS AND THEIR FAMILIES WITHOUT REQUIRING ADDITIONAL FINANCIAL EXPENDITURE FROM THE CITY. IT'S ALSO ALIGNS WITH THE COMMITMENT TO IMPROVING RESIDENCE QUALITY OF LIFE, STRENGTHENING COMMUNITY WELL BEING AND FOSTERING SUPPORT OF PARTNERSHIPS. I'M WELCOMED TO TAKE ANY QUESTIONS. CITY MANAGER IS ALSO VERY WELL AWARE VERSED ON THIS AS WELL AS HE CAN ANSWER QUESTIONS.
>> MOTION TO APPROVE RESOLUTION NUMBER H-2025-338.
>> SECOND. >> SECOND BY COUNCIL MEMBER
MORRIS. >> ANY DISCUSSION OR QUESTIONS?
>> HOW SOON WILL THEY BE ABLE TO START AND SET UP OPERATIONS?
>> I HAVE A MEET AND GREET WITH THEM NEXT WEEK, OR THE WEEK AFTER THANKSGIVING. I THINK IT MAY BE NEXT WEEK.
>> COOL: >> WILL THERE BE ANY DIRECT BENEFITS, LOCAL VETERANS OR THEIR FAMILIES WILL RECEIVE
DURING THIS PARTNERSHIP? >> I'M SORRY. CAN YOU REPEAT
YOUR QUESTION? >> YES. I'M SORRY. I WANTED TO KNOW WHAT WILL THE BENEFITS BE TO LOCAL VETERANS AND THEIR FAMILIES THROUGH THIS PARTNERSHIP? WILL IT BE SOMETHING THAT IS FELT IMMEDIATELY? IS IT OVER TIME?
WHAT DOES THAT LOOK LIKE? >> WELL, WE'LL BE PROVIDING LIMITED OFFICE SPACING AND WI-FI FOR TVC TO HAVE A HOME HERE AT CITY HALL SO THAT WAY RESIDENTS HAVE SOMEWHERE LOCAL TO COME AND GET THE RESOURCES THAT THEY NEED. SO IT WOULD BE AN
IMMEDIATE IMPACT. >> DO WE ALREADY HAVE A PLAN TO MARKET THAT OUT AND MAKE THAT KNOWN TO THE PUBLIC?
>> I BELIEVE THAT WILL BE DISCUSSED WHEN CITY MANAGER
MEETS WITH THEM HERE SHORTLY. >> THANK YOU.
[01:20:01]
>> MAYOR, WE DO HAVE A MEMBER OF THE TVC HERE TO BE ABLE TO SPEAK
OR ANSWER ANY QUESTIONS. >> IS THERE ANYTHING, YOU WOULD
LIKE TO ADD? >> DID YOU WANT TO ADD
SOMETHING? >> YEAH, IT WOULD BE GOOD. I'M NOT A VETERAN, SO I'M NOT SURE WHAT THE SERVICES WILL BE
PROVIDED. >> MAYOR, CITY COUNCIL. I'M A CLAIMS OPERATIONS MANAGER. SO, QUESTION WAS, AS FAR AS WHAT WE'D BE ABLE DO FOR THE VETERANS OF THE COMMUNITY. SO THE CLAIMS BENEFITS ADVISER, WHAT HE DOES, HE'LL BE ABLE TO ASSIST VETERANS WITH BENEFITS, AS FAR AS THE VETERANS COMING IN AND ASKING ANY KIND OF QUESTIONS. AS FAR AS THEM FILING ANY KIND OF CLAIMS, THE BIGGEST THING THERE IS THE VETERAN COMES IN, OR THE SPOUSES OR SURVIVING SPOUSES AND DEPENDENTS THAT CAN COME IN AND FILE FOR ANY KIND OF BENEFITS. PRETTY MUCH. SO, COMPENSATION IS A BIG THING. BRINGING BACK TO TEXAS, MOST IMPORTANTLY, RIGHT? AND HAVING AN ADVISORY HERE IS A VERY, VERY BIG THING, WITH TEXAS VETERAN'S COMMISSION, THE CLAIMS APARTMENT WE HAVE 51 OFFICES ACROSS THE STATE. SO 160 OF THOSE PERSONNEL SPREAD ACROSS. SO THAT ADVISORY WOULD BE HERE TO HELP OUT THE MEMBERS OF THE COMMUNITY FOR HUTTO.
>> AND DO YOU GUYS COORDINATE WITH THE COUNTY? I KNOW THE COUNTY HAS A NUMBER OF DIFFERENT TEXAS VETERAN, SORRY, VETERAN SERVICES. SO, WOULD YOU BE DUPLICATING ANY SERVICES? WOULD THERE BE SERVICES SPECIFIC TO YOU GUYS THAT WOULD BE OF
BENEFIT OR A MAIN FEATURE? >> THE COUNTY SERVICE OFFICER, AND ASSISTANT COUNTY OFFICERS. THEY HAVE ONE IN TAYLOR, AND I BELIEVE ONE IN ROUND ROCK. A COUPLE IN GEORGETOWN. IT'S NICE TO BRING ONE OVER HERE IN HUTTO. THAT WAY, SPREADING THAT ASSISTANCE ACROSS WILLIAMSON COUNTY. DUPLICATION SERVICES.
THEY HELP OUT MORE IN THE COUNTY ASPECT, RIGHT WITH WHATEVER THE COUNTY SERVICES THEY DO. I USED TO BE THE DIRECTOR OF SERVICES, YEARS AGO, BEFORE JOINED THE STATE, RIGHT? AS AN ADVISER WITH CLAIMS, THEY FOCUS MOST IMPORTANTLY WITH THE SIDE. WITH THE STATE, WE HAVE OTHER DEPARTMENTS THEY CAN ASSIST WITH HEALTHCARE, MENTAL HEALTH, FINANCIAL SERVICES. WE HAVE CLAIMS, I'M SORRY, FUNDS FOR VETERAN'S ASSISTANT. WE CAN BRING IN THOSE OTHER SERVICES IF NEEDED. OF COURSE, WITH THIS ADVISORY, BE ABLE TO FOCUS FOR CLAIMS, ESPECIALLY. BUT DUPLICATION SERVICES, IT'S GREAT TO HAVE THE SERVICE, YOU KNOW, SPREAD OUT AMONG THE COUNTY. THANK YOU FOR THAT INFORMATION.
>> YES, SIR. >> WHAT IS YOUR JOB TITLE AGAIN?
>> THE OPERATIONS MANAGER FOR THE CLAIMS DEPARTMENT FOR TEXAS
CLAIMS COMMISSION. >> IF SOMEONE -- CAN THIS ORGANIZATION HELP IF THERE'S A VETERAN WHO PASSED AWAY AND A FAMILY MEMBER IS TRYING TO GET THEM BURIED IN A CERTAIN CEMETERY AND RUNNING INTO ISSUES, CAN THIS ORGANIZATION HELP WITH THAT PROCESS? OR DISABILITY CLAIMS?
>> YES, SIR. WE CAN HELP WITH THAT PROCESS.
>> CAN I GIVE YOU A CARD? >> OF COURSE.
>> I HAVE MY CARD. >> THERE'S A LEGITIMATE DEAL, WHERE SOMEONE'S FATHER PASSED AWAY, AND GONE LONG ENOUGH WHERE THEY CREMATED THEM, AND STILL TRYING TO GET THEM BURIED AND WORKING WITH THE STATE. I'M TALKING TO THE WRONG
ORGANIZATION, IT SOUNDS LIKE. >> THE VA IS SPLIT INTO THREE DIFFERENT ADMINISTRATIONS, OF COURSE, WE HAVE HEALTH ADMINISTRATION, BENEFITS ADMINISTRATION, AND BURIAL ADMINISTRATION. BENEFITS, BUT ALSO WITH THE BURIAL. WE DO ASSIST WITH THE BURIAL SITE. KALENE HAS THE CEMETERY. SO THEREFORE, WITH THIS AREA, WE CAN ASSIST WITH VETERANS AND
THOSE PURPOSES AND SO FORTH. >> I THINK THIS IS GREAT THAT WE'RE ABLE TO, YOU KNOW, PROVIDE SERVICES FOR THE COMMUNITY. JUST BY MAKING OUR FACILITIES OPEN AND LETTING YOU GUYS COME IN AND WELCOME AND HOPE YOU GET TO HELP A LOT OF
PEOPLE. >> I APPRECIATE IT. I APPRECIATE THE CITY MANAGER FOR ALLOWING US. I KNOW THE COMMUNICATION WE HAD FROM THE BEGINNING AND I BELIEVE SHE SPEARHEADED THE COMMUNICATION FROM THE BEGINNING. BUT THANK YOU SO MUCH
[01:25:03]
FOR ALLOWING US. I THINK IT'S A GREAT COLLABORATION THAT WE HAVE, AND WE HAD A MEETING THIS MORNING WITH AMERICAN LEGION, I BELIEVE POST 302, SO, THEY ARE EXCITED AS WELL, RIGHT? SO, POST COMMANDER FOR GEORGETOWN A COUPLE YEARS, SO IT'S ALWAYS GREAT TO DO WHATEVER WE CAN FOR THE VETERANS OF THE COMMUNITY HERE. SO THANK YOU SO MUCH. ANY OTHER QUESTIONS?>> THANK YOU, SIR. >> THANK YOU SO MUCH.
>> ALL RIGHT, ANY OTHER QUESTIONS OR DISCUSSION FROM COUNCIL? ALL RIGHT. PLEASE CALL THE VOTE.
>> COUNCIL MEMBER THRONSON. >> AYE.
[13.1. Consideration and possible action pertaining to the Wolfe Tract water discussion with Manville. (Matt Rector)]
>> MOTION PASSES. 7-0. NEXT WE HAVE ITEM 13.1, CONSIDERATION POSSIBLE ACTION PERTAINING TO THE WOLFE TRACT WATER DISCUSSION
WITH MANVILLE. >> GOOD EVENING, MAYOR COUNCIL.
I DID NOT DO THIS THE LAST TIME, I APOLOGIZE. SO, THIS PROJECT ACTUALLY CAME BEFORE YOU, I THINK IT WAS IN APRIL, MAY TIME FRAME. BECAUSE THEY HAD APPLIED THROUGH AN SER AND ASKED FOR SERVICE. WE SAID THEY HAD TO TALK TO YOU GUYS. DIRECTED THEM TO HAVE CONVERSATIONS WITH MANVILLE AND TO COME BACK AND FOLLOW UP WITH YOU. SO THEY ARE HERE TONIGHT TO FOLLOW UP WITH
YOU. >> GOOD EVENING. I'M THE CEO.
WE ARE THE CIVIC ENGINEERS REPRESENTING THIS PROJECT. HERE THIS EVENING TO VERY QUICKLY RUN THROUGH THE PROJECT, WHICH SOME OF YOU HAVE SEEN ALREADY. I'LL TRY NOT TO SPEND TOO MUCH TIME AND WALK THROUGH THE REQUEST FOR TEMPORARY WATER SERVICE FOR THE PROJECT. THIS PROJECT IS CALLED THE GATEWAY AT HUTTO. IT'S A MIXED USE MASTER PLAN PROJECT LOCATED ALONG THE EAST WELCO HIGHWAY AND COUNTY ROAD 137. JUST TO LOCATE THE PROJECT HERE QUICKLY, THE EAST WELCO HIGHWAY IS RUNNING EAST, WEST THROUGH THE PROJECT. WHICH IS IN YELLOW THERE. THE EAST SIDE OF THE PROJECT IS COUNTY ROAD 137, GOING UP TO BROOKLYNS. THE PROJECT IS ON BOTH SIDES OF THE HIGHWAY, AND PREVIOUSLY DEDICATED THE RIGHT OF WAY FOR THAT ROAD. AND THE PROJECT IS A JOINT VENTURE BETWEEN THE LANDOWNER, STEVEN WOLFE. THE WOLFE FAMILY HAS OWNED THIS PROPERTY FOR SEVERAL DECADES AND ACTIVELY PARTICIPATING IN THE DEVELOPMENT OF THE PROJECT. HERE IS THE MASTER PLAN FOR THE PROJECT. SINCE IT IS LOCATED ON A PRIMARY THOROUGH FAIR OF THE HIGHWAY, WHICH IS VERY NEARLY DONE. IF YOU HAVEN'T BEEN DOWN THERE RECENTLY, IT HAS MOST OF THE DENSITY RIGHT THERE AT THE INTERSECTION OF COUNTY ROAD 137 AND THE EAST WELCO HIGHWAY. THAT'S IN THE RED, IS MOST OF THE COMMERCIAL. THE LEGEND SHOWS THE USES THERE. SO WE HAVE MULTIFAMILY, TOWNHOUSE, RESIDENTIAL, COMMERCIAL, OFFICE, HOTEL CONFERENCE CENTER, WHICH IS IN PURPLE ON NORTH SIDE OF THE LAKE. AND THEN ABOUT 70-ACRES OF OPEN SPACE AROUND THE RESERVOIR LAKE, WHICH IS ALWAYS FULL OF WATER. I'M SURE YOU HAVE SEEN IT FROM THE ROAD. THERE'S SOME REPRESENTATIVE IMAGERY OFF THERE TO THE RIGHT. BLESS YOU. THIS ZOOMS IN A LITTLE BIT ON THE REGIONAL COMMERCIAL AT THE MAIN INTERSECTION. SHOWS SOME POTENTIAL DEVELOPMENT ALONG THE LAKE, WHICH AGAIN, IS A RESERVOIR THAT ALWAYS HOLDS WATER. THERE'S SOME NEW ROADS THAT WILL CONNECT THROUGH AND IDEALLY UNDERNEATH THE EAST WELCO HIGHWAY AS WELL. AND UP ON THE NORTH END OF THAT IS IN PURPLE IS THE CONFERENCE CENTER AND HOTEL. THESE ARE THE RESIDENTIAL ELEMENTS. THERE'S ABOUT 200 SINGLE FAMILY UNITS. VERY SMALL AMOUNT IN RELATION TO THE OVERALL PROJECT. THAT WOULD BE A MIX OF USES FROM MULTIFAMILY TO TOWNHOUSE TO SINGLE FAMILY, KIND OF BLENDING BACK INTO THE EXISTING NEIGHBORHOODS LIKE SOUTH GATE THAT ARE TO THE WEST. THIS IS THE PARKS AND OPEN SPACE PLAN.
AGAIN, SHOWING SOME REPRESENTATIVE IMAGERY OF DEVELOPMENT, WALKING TRAILS, HIKING TRAILS AROUND THE LAKE.
MAYBE SOME FOUNTAINS IN THERE TO KEEP THAT LOOKING FRESH. THESE ARE THE POINTS OF DISCUSSION. AND I GUESS ONE THING, YOU LOOK AT THE OVERALL MASTER PLAN, THIS IS 600,000 SQUARE FEET OF COMMERCIAL DEVELOPMENT, AGAIN, ABOUT 200 UNITS OF SINGLE FAMILY ON THE NORTH, AND ANOTHER 100 OR SO ON THE SOUTH. ABOUT 295-ACRES TOTAL. AS MATT MENTIONED, THIS WAS PREVIOUSLY PRESENTED TO THE COUNCIL AND THEN THE COUNCIL INSTRUCTED THE DEVELOPERS TO GO BACK AND ATTEMPT TO NEGOTIATE THE SERVICE FROM MANVILLE, WHICH
[01:30:04]
THEY HAVE BEEN WORKING ON WITH OUR TEAM VERY DILIGENTLY FOR QUITE SOME TIME. UNFORTUNATELY, MANVILLE IS NOT CURRENTLY ABLE TO SERVE THE TRACK. THEY ARE WORKING ON SIGNIFICANT CAPITAL IMPROVEMENTS FROM THEIR PLANT AND WATER LINE EXTENSION THAT IS ABOUT 14 MILES LONG. THEY ANTICIPATE THE DURATION OF THAT IMPROVEMENT TO BE SOMEWHERE IN THE THREE TO FIVE YEAR PERIOD, WHICH IS NOT ALIGNING WELL WITH THIS PROJECT, WHICH AS THE EAST WELCO HIGHWAY IS BEING CONSTRUCTED, THEY ARE READY TO GET MOVING. SO THE QUESTION HERE IS, WILL THE COUNCIL BE WILLING TO CONSIDER TEMPORARY SERVICE FOR THE TRACK FOR UP TO 400, UNTIL MANVILLE'S TRANSMISSION SYSTEM IS INSTALLED AT WHICH POINT THE WATER SERVICE COULD BE CONVERTED OVER. THAT WOULD BE A WATER LINE FROM THE EXISTING SYSTEM. NORTH ON COUNTY ROAD 137, KIND OF PLUGGING INTO THE COMMERCIAL DEVELOPMENT THAT YOU SEE AT THE INTERSECTION OF COUNTY ROAD 137, AND THE EAST WELCO HIGHWAY. THEN IT WOULD LOOP UP ALONG THE WEST SIDE OF THE PROJECT AND TIE INTO THE EXISTING SINGLE FAMILY DEVELOPMENT. THAT COULD SERVE AS A LONG-TERM INTERCONNECT BETWEEN MANVILLE AND THE CITY. YOU CAN SIMPLY PUT IN A COUPLE OF WATER VALVES ON EITHER SIDE OF THE SYSTEM AND HAVE THAT FOR A LONG-TERM OPERATION BETWEEN MANVILLE AND THE CITY. ONCE THIS IS CONSTRUCTED AND MANVILLE HAS THEIR IMPROVEMENTS INSTALLED, THIS SYSTEM COULD REVERT OVER TO MANVILLE, COME OFF THE CITY SYSTEM AND FREED UP FOR HUTTO TO USE ELSEWHERE IN THEIR SYSTEM.AND AGAIN, THIS IS KIND OF THE BULLET POINT AT THE BOTTOM WITHOUT SOME WATER TO GET THIS PROJECT MOVING, IT IS REALLY NOT FEASIBLE TO GET STARTED. THERE IS ABSOLUTELY NO CAPACITY, ACCORDING TO ERIC OVER AT MANVILLE TO GET THIS PROJECT MOVING. MATT AND JAMES HAVE BOTH BEEN IN DISCUSSIONS WITH ERIC ABOUT THE POSSIBILITY OF SERVICE AT MANVILLE, WHICH IS NOT FEASIBLE. SO, WE ARE HERE ASKING YOU GUYS TO CONSIDER THAT TEMPORARY SERVICE FOR UP TO 400 LUES. I'M HAPPY TO ANSWER ANY
QUESTIONS YOU MAY HAVE. >> THANKS. ANY QUESTIONS FROM
COUNCIL? >> I DIDN'T SEE IN THIS MAP THERE WAS ANY SITES ADDED FOR ANY AREAS ADDED FOR SCHOOL SITES. IS THAT SOMETHING THAT YOU ARE TAKING INTO ACCOUNT IN
THIS DEVELOPMENT? >> NO. COUNCIL MEMBER, THIS TRACT IS LOCATED VERY CLOSE TO AN EXISTING ELEMENTARY SCHOOL AND JUST BECAUSE OF THE COMMERCIAL INTENSITY OF PROJECT, WE ARE NOT CONTEMPLATING A NEW ELEMENTARY SCHOOL AS PART OF
THIS PROJECT. >> IS THAT SOMETHING THAT YOU GUYS WILL LOOK INTO WITH THE SCHOOL DISTRICTS, WITH THEIR
RECOMMENDATION? >> IT'S POSSIBLE. I REPRESENT SEVERAL OTHER PROJECTS THAT ARE FURTHER EAST ON EAST WELCO HIGHWAY. INCLUDING ONE THAT YOU WILL BE CONSIDERING, THAT DOES HAVE A POTENTIAL SCHOOL SITE ON IT. I IMAGINE THE DISTRICT WOULD SIMPLY SAY HEY, WE HAVE ONE A MILE AND A HALF EAST OF HERE.
AND ANOTHER ONE THREE QUARTERS OF A MILE NORTH. AND REALLY ARE ONLY, AGAIN, A COUPLE HUNDRED SINGLE FAMILY UNITS. I WOULDN'T ANTICIPATE THAT, BUT I CAN ASK THE DEVELOPERS TO GO RUN THAT BY
THE DISTRICT ONE MORE TIME. >> OKAY. THANK YOU.
>> I WOULD SAY WITH FARLY, MIGHT BE HALF A MILE AWAY. AND RAY ELEMENTARY IS NEXT TO THERE. I GUESS IT WOULDN'T HURT TO ASK THE SCHOOL DISTRICT. I WOULD BE SHOCKED IF THEY WOULD WANT ANOTHER SCHOOL HALF A MILE AWAY FROM THE OTHER SCHOOL. TO YOUR POINT, THEY HAVE THE SCHOOL SITE JUST SOUTH AND EAST OF HERE. I FORGOT HOW MANY ACRES. 30 OR 40 OR SOMETHING. THE REQUEST IS 400 LUES TEMPORARILY, BUT WHAT DOES THAT LOOK LIKE TEMPORARILY SO WE
CAN PROJECT IT? >> SO THE REQUEST WOULD BE 400 SP*Z LUES. THIS PROJECT IS CURRENTLY IN YOUR ETJ AS PART OF APPROVAL, IT WOULD BE BROUGHT IN AND ANNEXED FULL PURPOSE CITY LIMITS, WHICH IS AGAIN, A GREAT BENEFIT FOR THE CITY. I THINK WHAT WE WOULD DO IS COORDINATE WITH MANVILLE AND SAY, GIVE US A HARD DEADLINE OF WHEN YOU EXPECT THIS IMPROVEMENT TO BE COMPLETED. MAT WOULD NEED TO REVIEW THAT. GIVE US 12 MONTHS AFTER THAT IS EXPECTED BECAUSE YOU KNOW, UNLIKE ALL MATT'S PROJECTS ARE ON TIME. SOMETIMES CONSTRUCTION PROJECTS CAN TAKE LONGER. I THINK HAVING A CUSHION WOULD BE FAIR.
>> SO WE ARE AGREEABLE TONIGHT TO GET THE CONVERSATION GOING.
IF WE ARE AGREEABLE TO GIVE YOU ALL 400 EUE'S, NOT TO EXCEED
[01:35:07]
FIVE YEARS, THAT GIVES YOU TO START HAVING THE CONVERSATION AND YOU CAN COME BACK IF IT NEEDED TO BE MORE THAN THAT.>> YEAH, WE HAVE A LOT OF GREAT INFORMATION, INCLUDING AN SCR.
WE ARE FAR DOWN THE LINE IN TERMS OF FEASIBILITY OF IT. AND I THINK THE DIRECTION WOULD BE FOR COUNCIL TO TELL MATT TO WORK ON AN AGREEMENT WITH MANVILLE AND THE DEVELOPER.
>> TO ME, AN AGREEMENT WITH MANVILLE IS NECESSARY, BECAUSE THEIR PLAN TODAY IS TO BUILD WITHIN THREE TO FIVE YEARS. BUT WE HAVE NO CONTROL OVER THAT. IF WE DON'T HAVE AN AGREEMENT WITH MANVILLE TO BACK UP THE BACK END OF THIS. THAT'S WHERE I HAVE AN ISSUE. I MEAN, 400 LUES ISN'T TREMENDOUS. I DON'T WANT TO GIVE AWAY 400 THAT WE MAY NEVER RECOVER AND THEN THE OTHER THING IS, WE ALREADY HAVE AN INTERCONNECT WITH MANVILLE. SO THERE'S LIMITED VALUE AND A SECONDARY CONNECT WITH THEM. WE GET WATERFRONT ALREADY. SO I DON'T REALLY SEE A LOT OF VALUE IN THAT ASPECT. I'M CONCERNED ABOUT OUR INFRASTRUCTURE COST FOR SOMETHING THAT IS TEMPORARY PROJECT. THAT'S PART OF IT,
INTERCONNECT? >> OUR INTERCONNECT WITH MANVILLE COMES DOWN EFFECTIVELY AT 1:30. AND THEN GOES DOWN CHRIS KELLY AND THEN ULTIMATELY TIES INTO THE GROUND STORAGE AND
ELEVATED AT THE HIGH SCHOOL. >> OKAY.
>> SO WHO WOULD BE PUTTING THIS CONNECTION IN RIGHT NOW? YOU ALL
WOULD PUT IT? >> WE WOULD NOT. IT WOULD BE
THEIR RESPONSIBILITY. >> I WAS HOPING JAMES WOULD SAY
IT WAS THE CITY. BUT YES. >> YOU HAVE KNOWN ME TOO LONG TO KNOW HOW I'M GOING TO ANSWER THAT.
>> ANY COST WOULD WOULD BE BY YOU ALL.
>> THIS WOULD BE FROM THEIR NEWEST, LARGEST CAPACITY TRANSMISSION LINE. I THINK THERE'S SOME VALUE IN HAVING
MULTIPLE POINTS OF CONNECTION. >> IT'S MORE LIMITED.
>> IT IS A SIDE BENEFIT OF THE PROJECT, I WOULD SAY, ANNEXATION, AND DELIVERY OF A BIG MIXED USE COMMERCIAL.
>> FOR US OPERATIONALLY, IS THAT THERE IS THE OPPORTUNITY FOR US TO TALK TO MANVILLE AS WELL, ABOUT POTENTIALLY TAKING MORE WATER THAN WHAT WE CURRENTLY DO FOR MANVILLE, IN PLACE OF OR IN LIEU OF OTHER FUTURE WATER PROJECTS. AND THE CURRENT LINE THAT WE HAVE IS AT CAPACITY. SO WE WOULD NEED TO EITHER UPGRADE THAT LINE OR HAVE A SECONDARY TAKE POINT. THESE GUYS ARE GOING TO HAVE A CHALLENGE, TOO, BECAUSE THEY WILL NEED TO LOOP INTO OUR SYSTEM. BECAUSE THEY WON'T BE ABLE TO GET FIRE CLEARANCE, AND WE WON'T BE ABLE TO GET GOOD WATER QUALITY. IF THEY DON'T LOOP IN. SO, THERE'S PROBABLY SOME OPPORTUNITY THERE TO WHERE WE DESIGN THE LOOP CONNECTION THAT THEY WOULD DO IN SUCH A WAY THAT WHENEVER MANVILLE DOES PROVIDE WATER HERE, THERE'S THE OPPORTUNITY FOR US TO TURN IT AND HAVE THE WATER COME THE OTHER WAY, SOMETHING LIKE THAT.
>> AGREED. >> I SHARE A LOT OF THE SAME CONCERNS. 400 LUES, WHAT DOES THAT DO IF SOMEHOW, IN FOUR TO FIVE TO SIX YEARS, WE NEED THOSE, AND THERE'S SOME DELAY.
IT'S NOT A QUESTION FOR YOU TO ANSWER, IT'S MORE FOR ENGINEERING. MAYBE NOT TONIGHT. WHAT ARE THE CONTINGENCY PLANS IF WE DON'T GET THOSE BACK AND OR WE, THE CITY OF HUTTO, HAS A NEED PRIOR TO MANVILLE PROVIDING YOUR WATER. WHAT ARE THE CONTINGENCY PLANS? NOT TO ANSWER IT NOW.
>> I WOULD SAY, IF WE FIND OURSELVES NEEDING THOSE 400 BACK WITHIN THE FIVE YEARS WE'RE IN A VERY GOOD POSITION, BECAUSE WE HAVE EFFECTIVELY, NOW THAT MEANS WE HAVE RATE PAYERS PAYING FOR ALL THE WATER WE HAVE CONTRACTED. THAT'S A GOOD PROBLEM TO HAVE. SO THE CHANCES OF IT HAPPENING LOGISTICALLY ARE EXCEPTIONALLY RARE. IT'S PROBABLY LIKE 3 STANDARD DEVIATION POINTS OF A POSSIBILITY OF IT HAPPENING, BUT IF WE GOT TO THE POINT WHERE WE HAD AN ECONOMIC DEVELOPMENT DEAL AND WE HAD TO HAVE THAT 400 LUES AND THEY STILL HAD THEM IN THAT TIME AND WINDOW, WE WOULD HAVE TO FIGURE OUT AN ADDITIONAL
SOURCE FROM SOMEWHERE ELSE. >> OKAY.
>> 400 LUES, APPROXIMATELY, GUESSTIMATE. HOW MANY THOUSAND
GALLONS OF THAT A DAY? >> IT'S 280. SO, 280 TIMES 400.
>> WHAT'S THAT? 32,000? >> SOUNDS ABOUT RIGHT. SO HERE'S WHERE I DON'T HAVE TOO MUCH OF A CONCERN. I THINK WE HAVE 2 MILLION MORE GALLONS COMING ON IN FEBRUARY, LET'S
SAY. >> WE HAVE 4 MILLION MORE, BUT
TWO NET THAT WE CAN BRING HERE. >> TWO CAN COME HERE, AND TWO TRYING TO FIGURE OUT WHAT WE'LL DO WITH. I'M NOT MAKING LIGHT OF BEING IN STAGE TWO RIGHT NOW. BUT IF WE HAVE 2 MILLION MORE
[01:40:03]
COMING. PART OF THE REASON ARE WATER BILLS ARE GOING UP.BESIDES THE WASTE WATER, IS WE'RE EFFECTIVELY PAYING RESERVATION RIGHTS TODAY FOR WATER WE'RE NOT USING IN FEBRUARY, WE'LL BE PAYING FOR 2 MILLION-GALLONS OF WATER WE'RE NOT USING, AND SO I DON'T WANT TO GIVE WATER AWAY AND I WILL NEVER VOTE TO GIVE IT AWAY, BECAUSE THE 2 MILLION ULTIMATE WILL NOT BE ENOUGH. I FEEL LIKE WE CAN DO IN THE INTERIM TO SOFTEN THE COST OF THAT $2 MILLION, TO ME, MAKES SENSE.
32,000 ISN'T GOING TO CHANGE THE COST OF WATER, BUT A FEW DEALS, IN MY MIND, THAT ARE TEMPORARY IN NATURE MAKES SENSE, AND AS WE, IF WE DO THIS RIGHT, AS THESE DEALS COME OFF, IT COMES ABOUT THE TIME WE START NEEDING MORE WATER AND THEN ABOUT EIGHT YEARS OR WHATEVER. SO, BASICALLY, YOU GUYS, WE GET THIS FIGURED OUT, YOU WOULD BE PAYING FOR WATER WE'RE NOT USING ANYWAY, AND WE'RE PAYING FOR TO SOFTEN. IT'S 112,000 GALLONS, SO 2 MILLION COME ONLINE. NOT SIGNIFICANT.
>> THE CONCERN IS NOT THE FRONT END. IT'S THE BACK END.
>> I WANT TO MAKE SURE THAT I PLAN ON SUPPORTING THIS. WHAT I WANT TO MAKE SURE IS THE AGREEMENT IS WOULD IT BE A TRIPARTY? EVERYBODY KNOWS WHAT HAPPENS, I THINK WHAT THE MAYOR PROTEM SAID. WHAT HAPPENS IN FIVE YEARS, AND WE CAN'T JUST SHUT OFF A NEIGHBORHOOD OF WATER. SO IT WOULD MEAN, I DON'T KNOW, POTENTIALLY YOUR PRICE OF WATER QUADRUPLES. WE CAN'T SAY YOU HAVE APARTMENTS AND WE SAY HEY, TERM IS UP. YOU DIDN'T GET WATER. WE JUST SHUT THE VALVE OFF. WHAT WE CAN DO IS FINANCIALLY, BECAUSE IT NOW IMPACTS US AND OTHER PARTS OF THE CITY, YOU MAY HAVE TO RENEGOTIATE SIX MONTHS OUT, OR KIND OF LIKE IF YOU HAVE A HOLD OVER IN PROPERTY, YOU HAVE TO PAY A HIGHER RATE UNTIL YOU FIGURE IT OUT. I THINK IF WE HAVE A TRIPARTY AGREEMENT AND WE GET WHAT YOU'RE TALKING ABOUT, A BUFFER, THEN WE CAN ALWAYS COME BACK AND LOOK. THIS IS GOOD WAY TO GET THE CONVERSATION STARTED. THE LAST THING I WOULD SAY IS, WHEN I WAS TALKING TO YOU GUYS, THIS IS MORE FOR AN ECONOMIC DEVELOPMENT. I HAD MY MIND, SOMETHING WE CAN START TALKING TO YOU GUYS ABOUT ON A SEPARATE ISSUE. BEING A POTENTIAL OF A HOTEL CONVENTION CENTER. I THINK THERE'S A BENEFIT TO THE CITY HAVING A CONVENTION CENTER. ONE WE CAN CHARGE A HIGHER HOTEL OCCUPANCY TAX. BUT WHAT I'VE SEEN, I THINK IT WAS A ROUND ROCK, AND I BELIEVE ROUND ROCK BUILT THE CONVENTION CENTER OR CALAHARY. THEY WORK TOGETHER. THEY HAVE A CONVENTION CENTER THAT CAN BE USED AND TO ME, THIS IS A GREAT OPPORTUNITY FOR A JOINT VENTURE, ALLOWS THE CITY TO FILL A NEED IN THE CITY, BUT WORKING WITH THE DEVELOPER, WE DON'T HAVE TO SHOULDER THE COST. WE HAVE MEETING SPACE. THIS BEING AS
MUCH COMMERCIAL. >> IT WOULD BE A BEAUTIFUL PLACE FOR IT. MAYBE THEY NEED A PIT OR SOMETHING.
>> YEAH, EXACTLY. >> AND IT IS ANNEXING INTO THE CITY. I WANT TO REENFORCE THAT. IT'S NOT TAKING WATER FROM CITY LIMITS TO OUTSIDE OF THE CITY LIMITS. WHICH I COMPLETELY UNDERSTAND. SO YES, THE DEVELOPERS HAVE HAD MULTIPLE CONVERSATIONS WITH CHENEY WITH DEVELOPMENT PROJECTS.
>> ANNEXING IN IS DIFFERENT. SO JUST BECAUSE AN ANNEX IS IN, FOR SOME OF US, WE HAVEN'T BEEN INCLINED TO GIVE WATER OUTSIDE OF OUR CCN BECAUSE THE FUTURE IS CLOUDY. BUT I THINK WE HAVE THE IMMEDIATE NEED FILLED, THIS MAY BE BENEFICIAL. I JUST THREW THAT OUT WITH WITH THE CONVENTION CENTER, JAMES.
>> CERTAINLY. >> SOMEONE OVER THERE GET THE
CONVERSATION STARTED. >> COUNCIL MEMBER THORNTON, YOU TALKED ABOUT HAVING A SEPARATE CONTRACT BETWEEN THE CITY AND MANVILLE, CAN YOU ELABORATE A LITTLE BIT?
>> MY PREFERENCE WOULD BE THAT WE HAVE AN AGREEMENT WITH MANVILLE ABOUT WHAT IS GOING TO HAPPEN. BECAUSE AN AGREEMENT WITH THE BUILDER, THE DEVELOPER, DOES NOTHING IF THEY BUILD IT IN FIVE YEARS AND THEY ARE GONE. AND YOU CAN'T SCREW THE HOMEOWNERS WHO MOVED IN, FOR SOMETHING THEY DIDN'T EVEN KNOW
>> I THINK WE HAVE TO MAKE AN AGREEMENT.
>> I AM GOING TO SAY, WE HAVE TO ANYWAY, BECAUSE IT IS MANVILLE SERVICE AREA. WE WON'T SERVICE IT WITHOUT THEM CONSENTING. JUST LIKE I WOULDN'T POACH SOMEONE'S SERVICE AREA. WE'LL DO THIS, BUT THIS IS WHAT YOU'RE GOING TO DO. AND IF YOU DON'T DO IT, THIS IS WHAT IS GOING TO HAPPEN. IT HAS TO HAVE THE
CONTINGENCIES. >> JUST LIKE WE WERE APPROACHING
[01:45:01]
JONAH BEFORE, JONAH IS LIKE, NEVER MIND, WE'LL JUST DO IT.WE'LL DO THE SAME THING ON MANVILLE.
>> IT'S NOT ON THE DEVELOPER, BUT HOPEFULLY THAT MAKES YOU FEEL BETTER THAT WE'RE TRYING TO ENSURE THE TIMETABLE.
>> YEAH, AND WE HAVE TALKED TO MANVILLE ABOUT THIS. THEY SUGGESTED WE TALK TO YOU ABOUT INTERIM WATER. EVERYBODY IS ON THE SAME PAGE AND WE CAN WORK TO GET AN AGREEMENT. YOU NEED PERMISSION TO SERVE ON THEIR CCN, I THINK THAT IS DOABLE.
>> I'LL MAKE A MOTION WE DIRECT STAFF TO, I DON'T KNOW WHAT THE WORD IS, DIRECT YOU TO DEVELOP AND BRING UP AN AGREEMENT, TRIPARTY AGREEMENT BETWEEN YOU ALL, THE CITY, AND MANVILLE, FOR A PERIOD NOT TO EXCEED FIVE YEARS. 400 LUES AND BRING THAT BACK TO US FOR MODIFICATION ON YEARS OR SOMETHING LIKE THAT. IF
THAT NEEDS TO HAPPEN. >> I'LL SECOND THAT.
>> ANY OTHER DISCUSSION? HEARING NONE. PLEASE CALL THE VOTE.
>> COUNCIL MEMBER GORDON. >> AYE.
>> COUNCIL MEMBER KING. >> AYE.
>> VOTE PASSES 7-0. >> THANK YOU.
[13.2. Consideration and possible action pertaining to the presentation updates for the Americans with Disabilities Act (ADA) Transition Plan. (Matt Rector) ]
>> THANKS, GUYS. >> THANK YOU.
>> NEXT, ITEM 13.3, CONSIDERATION POSSIBLE ACTION PERTAINING TO THE PRESENTATION UPDATES TO THE AMERICAN WITH DISABILITIES ACT ADA TRANSITION PLAN.
>> GOOD EVENING AGAIN, MAYOR AND COUNCIL. FOR THE RECORD, MATT RECTOR. AS YOU MAY OR MAY NOT BE AWARE, REQUIRED BY TEX DOT BECAUSE OF THE REQUIREMENT FROM THE FEDERAL HIGHWAY ADMINISTRATION. WE HAVE HIRED KIM TO HELP US WITH THAT PLAN. I HAVE AARON HERE TO WALK US THROUGH THE PRESSIN
PRESENTATION. >> GOOD EVENING, THANK YOU FOR YOUR TIME. AS MATT MENTIONED, WE'RE TALKING WITH THE AMERICANS WITH DISABILITIES ACT, AND TRANSITION PLAN. SO, AGENDA, WE'RE GOING TO QUICKLY GO OVER WHY THIS IS SO IMPORTANT AND WHY COUNCIL SHOULD REALLY CARE ABOUT THIS INITIATIVE. TALK A LITTLE BIT ABOUT THE TITLE 2 REQUIREMENTS OF THE ADA, THE LAW ITSELF, AND THEN TALK ABOUT WHAT WE'VE DONE SO FAR IN THIS CURRENT PHASE AND WHAT IS STILL LEFT TO BE DONE. AS MATT MENTIONED, CONSIDERATIONS FOR COUNCIL AND RECEIVING ANY FEEDBACK THAT YOU MAY HAVE. SO REALLY THE IMPORTANCE OF THIS IS THE TRANSITION PLAN ITSELF IS REQUIRED BY FEDERAL LAW. SO THAT IS TITLE 2 OF THE AMERICANS WITH DISABILITIES ACT. FAILURE TO COMPLY WITH THIS CAN RESULT IN WITHHOLDING A FEDERAL AND STATE FUNDING. IT'S OFTEN SOMETHING WE SEE AS A REQUIREMENT FOR GRANTS THAT YOU MIGHT WANT TO APPLY FOR. SO HAVING THIS IS NOT ONLY A REQUIREMENT, BUT IT IS ALSO GOING TO HELP YOU GET SOME OF THAT FUNDING THAT YOU'RE GOING TO NEED. THERE IS ALSO POTENTIAL FOR SETTLEMENT AGREEMENTS WITH DEPARTMENT OF JUSTICE AS WELL AS PRIVATE LAWSUITS. BUT IN GENERAL, IT'S THE RIGHT THING TO DO TO NOT ONLY HAVE THIS PLAN IN PLACE, BUT TO ALSO IMPLEMENT IT. AND IT CAN DIRECTLY AFFECT THE ACCESSIBILITY FOR THOSE THAT LIVE AND VISIT HUTTO. SO THERE ARE FIVE TITLES OF THE ADA. THE ONE WE ARE MOST CONCERNED ABOUT IS TITLE 2, FOR STATE AND LOCAL GOVERNMENTS. AND THAT REQUIRES THAT THE CITY OPERATE ALL-YEAR PROGRAMS, SERVICES, AND ACTIVITIES SO THEY ARE USABLE TO INDIVIDUALS WITH DISABILITIES.
AND SO PART OF THIS PLAN IS MAKING SURE THAT HAPPENS. SO THE GOALS OF THE PLAN RIGHT NOW WITH PHASE ONE AND THAT WAS TO DEVELOP THE INITIAL SELF-EVALUATION AND TRANSITION PLAN. AND SO IDENTIFYING BARRIERS TO ACCESS AND THAT WAS WITHIN A FISCALLY CONSTRAINED BUDGET ALLOCATION. SO THAT LENDS ITSELF TO THE FUTURE EFFORTS THAT WE'LL BE TALKING ABOUT TO COMPLETE THE REMAINING FACILITY EVALUATIONS. BUT THE OTHER BIG GOAL OF THIS IS ONCE THE PLAN HAS IDENTIFIED ALL THOSE BARRIERS TO ACCESS, IT IS REALLY LOOKING AT HOW DO YOU IMPLEMENT THE BARRIER REMOVAL? AND SO THIS CAN OCCUR AFTER ALL THE EVALUATIONS HAVE BEEN COMPLETED OR OCCUR SIMULTANEOUSLY WITH THE REMAINING EVALUATIONS. SO IN PHASE ONE, WE DID TAKE CARE OF A LOT OF THE ADMINISTRATIVE ITEMS REQUIRED BY THE TITLE 2 REGULATIONS. SO DEFINING THE ADA COORDINATORS RULES AND RESPONSIBILITIES. DEVELOPING A GRIEVANCE PROCEDURE AND FORM SO ANYONE DOES HAVE CONCERNS ABOUT BARRIERS TO ACCESS THAT THEY'VE EXPERIENCED WITHIN THE CITY, THEY HAVE A PROCESS THEY CAN FOLLOW WITH CITY STAFF TO RESOLVE THOSE. AND ALSO DEVELOPED AN ADA NOTICE, SO EVERYONE KNOWS THE CITY'S
[01:50:02]
OBLIGATIONS UNDER TITLE 2 OF THE ADA. AND THEN LOOKING TOWARDS THE FUTURE, WE DEVELOPED AN INVENTORY TO UNDERSTAND WHAT PROGRAMS, SERVICES, AND ACTIVITIES THE CITY DOES OFFER TO THE PUBLIC AND ANY PROCEDURES OR POLICIES THAT ARE USED TO IMPLEMENT THOSE, SO THEY CAN BE REVIEWED FOR COMPLIANCE. AND THEN FINALLY, WE LOOKED AT THE BUILDING EVALUATIONS. SO WE LOOKED AT ALL THE BUILDINGS, PARKS AND TRAILS, AND THEN SELECT PUBLIC RIGHTS OF WAY. AND WITH THAT, WE DEVELOPED THE TRANSITION PLAN THAT YOU SHOULD HAVE RECEIVED A COPY OF. SO JUST A VERY BRIEFLY GIVE YOU AN OVERVIEW OF SOME OF THE THINGS WE FOUND WHEN WE COMPLETED THE EVALUATIONS, THE PHOTO ON THE LEFT IS SHOWING HUTTO POLICE STATION. LOOKING AT THOSE DISPLAYS THAT ARE SELF-SERVE, THE RETRAIN, SOMEONE WAS USING A MOBILITY DEVICE OR SEATED IN A WHEELCHAIR, THEY ARE TOO HIGH UP FOR PEOPLE TO REACH. AND THEN THE PHOTO ON THE LEFT IS SHOWING CITY HALL AND THERE IS A LABORATORY WITH AN ALCOVE. WHEN YOU HAVE A GREATER DEPTH, YOU NEED TO HAVE A WIDER WIDTH. SO SOMEONE THAT IS USING A MOBILITY DEVICE CAN ENTER THAT AREA TO ACTUALLY USE THE SINK. FROM THE PARKING TO THE PAVILION, AND GETTING FROM THE PAVILION TO ONE OF THE EACH OF THE AMENITIES THAT WERE NEAR THE PAVILION, SUCH AS THE GRILLS THAT ARE OUT THERE. AND MAKING SURE THAT THERE'S ACCESS TO ALL THE OTHER ELEMENTS THAT NEED TO BE USED WITHIN THE PARK, SO EVERYONE CAN ACCESS THEM. AND THEN AT THE PLAYGROUND, THERE ARE BOTH ELEVATED PLAY COMPONENTS AND GROUND LEVEL PLAY COMPONENTS THAT ARE REQUIRED. SO IN THIS PARTICULAR EXAMPLE, THE CREEK SIDE PARK, THERE WAS NOT A GROUND LEVEL PLAY COMPONENT FOR THIS PARTICULAR PLAYGROUND. FOR THE TRAILS, THIS HAS SEVERAL DIFFERENT STRUCTURAL ISSUES. SO THESE ARE CREATE TRIP HAZARDS THAT ARE OVER A QUARTER OF AN INCH OR GAPS THAT ARE GREATER THAN A HALF AN INCH. REALLY JUST MAKING SURE THAT ALL OF THESE ARE WALKABLE AND THE SERVICE CONDITIONS ARE WHAT THEY NEED TO BE. THE PHOTO ON THE RIGHT HAND SIDE IS SHOWING COTTON WOOD TRAIL. THIS IS AN EXAMPLE, THE DOG SERVICE STATION IS TOO FAR AWAY FROM THAT SIDEWALK. AGAIN, THE REACH RANGE FOR SOMEONE USING A MOBILITY DEVICE THAT CANNOT GO ON THAT GRASS. IT NEEDS TO BE MOVED CLOSER TO MAKE THAT REACH RANGE MORE ACCESSIBLE. AND THEN LOOKING AT THE PUBLIC RIGHTS OF WAY, SO THE SIDEWALK, AGAIN, SIMILAR TO THE TRAILS, THERE ARE STRUCTURAL ISSUES GOING ON. IN THIS EXAMPLE, THE SIDEWALK PANELS HAVE SUNK DOWN, WHICH IS NOT ONLY CREATING SOME OF THOSE VERTICAL TRIP HAZARDS, BUT CREATING A SURFACE CONDITION THAT IS NOT COMPLIANCE. YO U HAVE THE DIRT SETTLING IN AND IT'S NO LONGER FIRM, STABLE, AND SLIP RESISTANT. AND ON THE RIGHT HAND SIDE. ALL OF YOUR ACCESSIBLE ROUTES ARE REQUIRED TO BE MAINTAINED. SO TEMPORARY OBSTRUCTIONS LIKE THIS BUSH, DO NEED TO BE MAINTAINED OVER TIME TO MAINTAIN THE ACCESSIBILITY.AND THEN FINALLY FOR CURB RAMPS. IN THIS ONE EXAMPLE, THE DIAGRAM IS SHOWING FLARES IN THE RED SHADED AREAS, BUT BASICALLY, THEY NEED TO BE LESS THAN A 150% SLOPE. SO THE PHOTO ON THE LEFT HAND SIDE IS SHOWING A COMPLAINT EXAMPLE OF THAT, AND THEN THE PHOTO THAT IS IN THE MIDDLE IS SHOWING STEEPER FLAIRS, WHICH IS
NONACCESSIBLE. >> CAN I ASK YOU A QUESTION
>> ARE YOU AN ENGINEER FOR ADA-TYPE STUFF?
>> YES. >> THE DOMES, SO, I'VE BEEN IN TRAINING ONCE, AND WHAT WAS EXPLAINED TO ME, THAT IS FOR A PERSON WHO IS VISUALLY IMPAIRED TO LET THEM KNOW YOU ARE GETTING READY TO ENTER MAYBE LIKE AN UNSAFE SPACE, CROSSING THE STREET, SOMETHING LIKE THAT. SO WHEN I SEE THE ONE ON THE LEFT, AND IT IS POINTED TOWARDS THE OTHER SIDE OF THE STREET, THAT MAKES SENSE TO ME. WHEN I SEE THE ONE ANGLED OUT TO THE MIDDLE OF THE INTERSECTION, IT MAKES ME FEEL LIKE WE'RE TELLING THE PERSON VISUALLY IMPAIRED, THAT'S A SAFE ROUTE TO GO, TO THE MIDDLE OF THE INTERSECTION. THEY ARE NOT ANGLED RIGHT. AM I
WRONG IN SAYING THAT? >> A COUPLE DIFFERENT ISSUES THERE. THE CONNECTABLE WARNING SERVICES ARE REQUIRED ON CURB RAMPS, BASICALLY, AT ALL INTERSECTION, CROSSWALKS THAT YOU WOULD HAVE. SO THE ORIENTATION OF THE CURCURB RAMP.
THEY ARE REQUIRED TO BE PLACE WHERE HAD YOU ARE. YOU WANT TWO CURB RAMPS PER CORNER SO YOU CAN PROVIDE THAT DIRECTIONAL
[01:55:03]
GUIDANCE TO PEDESTRIANS AS THEY ENTER THE INTERSECTION, BUT SOMETIMES BECAUSE OF THE EXISTING CONSTRAINTS, IT'S JUST NOT FEASIBLE SO THAT'S WHERE YOU'LL SEE SINGLE DIAGONAL CURVE RAMPS. THERE ARE SOME ADDITIONAL REQUIREMENTS FOR TURNING SPACE, SO ONCE SOMEONE IS IN THE STREET, THEY DO HAVE ROOM OUTSIDE OF THE VEHICLE PATH OF TRAVEL TO CROSS THE STREET SAFELY IN THE DIRECTION THEY WANT TO GO.>> OKAY, THIS STUFF IS GOING TO BE INTERESTING. I USED TO BRING THIS UP, AND I GOT TIRED OF ASKING AND BEING TOLD NO, IT'S GOOD. WE PASSED TSA. I HAVE A FEELING WE HAVE A LOT OF FACILITIES THAT HAVE BEEN CONSTRUCTED THAT WOULD NOT BE COMPLIANT WITH ADA, ESPECIALLY THE NEIGHBORHOOD, THE SIDEWALKS WE JUST SPENT $3 MILLION PUTTING IN AT, YOU DON'T KNOW THE NEIGHBORHOOD, LAKE SIDE ESTATES. I WOULD SAY A SIDEWALK GO UP TO HIT SOME KIND OF SEWER OR WATER MANHOLE COVER AND GO RIGHT BACK DOWN. AND AGAIN, MY TRAINING WAS, THERE'S A SLOPE, THERE'S A MAXIMUM SLOPE YOU CAN HAVE AND ALL THESE THINGS THAT GO INTO IT. YOU HAVE TO MAKE EVERYTHING FLAT, AND YOU DRIVE THROUGH THE NEIGHBORHOOD AND SEE THESE UPS AND DOWNS ALL OVER. AND I GUESS I'M JUST SAYING THAT OUT PUBLIC, IF WE END UP SEEING THIS, IT'S GOING TO CAUSE ME GREAT CONCERN THAT WE SPENT MILLIONS AND SOMEONE WAS APPROVING THEM AND TELLING US IT WAS GOOD TO GO, WHEN IN REALITY, IF YOU COME BACK AND TELL US WE HAVE TO REDO STUFF, IT WILL MAKE ME MAD. BUT GOVERNMENT WORK IS
WHAT IT TURNS INTO. ANYWAY. >> THANK YOU FOR BRINGING THAT
UP. AND DEFINITELY, IF IT IS -- >> HOPEFULLY I'M WRONG. I WOULD
RATHER BE WRONG THAN RIGHT. >> AS PART OF THIS, WE ARE SIMPLY EVALUATING AND I'LL TALK IN A MINUTE, WE HAVEN'T DONE DESIGNS. WE HAVEN'T CHECKED THE FEASIBILITY. BUT IF YOU'RE NOT ABLE TO DO SO, THE REQUIREMENT IS, THAT YOU CONSTRUCT IT TO THE MAXIMUM EXTENT FEASIBLE. THERE MAY BE INSTANCES WHERE THAT IS WHAT HAPPENED. WHERE IT MAY NOT BE PERFECT, BUT THEY GOT IT AS CLOSE AS THEY COULD WITH THE EXISTING CONSTRAINTS THAT WERE OUT THERE. ANY OTHER QUESTIONS ON THIS SLIDE?
>> NO, THEY GOT ME. I'VE SEEN A LOT OF STUFF TORN UP OVER THE YEARS BECAUSE THE SLOPE WAS JUST -- OUR GUY FROM THE JUSTICE
DEPARTMENT. >> NO, NO. THE THING I WENT TO WAS FOR A FEDERAL THING. THEY HAD A LEVEL THAT WAS DIGITAL AND THEY GO, YOU'RE OFF .1 OUTSIDE OF THE GUIDELINES. HAD TO DIG UP A BRAND-NEW WHATEVER, BECAUSE THE RANGE WAS 3 TO 3.5, AND YOU'RE AT 3.6. YOU SHOULD HAVE DONE A BETTER JOB WHEN YOU DID IT THE FIRST TIME. PEOPLE ARE OUT THERE WITH DIGITAL THINGS, CHECKING PATH OF TRAVEL, A BUILDING, AND THEN I SEE THE WORK THAT HAPPENS HERE IN THIS CITY, I WONDER, IT SEEMS LIKE MAYBE WE DON'T HAVE THE SAME STANDARDS. THAT'S WHY THIS CAUGHT MY EYE WHEN THIS HIT OUR AGENDA. IT WILL BE INTERESTING TO SEE HOW FAR OFF WE ARE AND HOW MUCH IT WILL COST US TO GET
US BACK IN COMPLIANCE. >> UNDERSTOOD. THANK YOU FOR
>> THE SLIDE YOU WANTED TO SEE. >> OH.
>> SO, FOR EACH OF THE FACILITY TYPES, SO THE TOTAL BUDGET ESTIMATES ARE SHOWN HERE. AGAIN, THIS IS NOT BASED ON DESIGN.
THIS IS BASED ON OUR BEST UNDERSTANDING OF WHAT WE CAN VISUALLY SEE OUT THERE. OBVIOUSLY, WITH BUILDINGS, WE CAN'T SEE WHAT IS IN THE WALLS. THESE COSTS ARE PURELY RELATED TO ACCESSIBILITY IMPROVEMENTS. SO IF YOU DECIDE TO MAKE OTHER AESTHETIC IMPROVEMENTS, THESE COSTS COULD ALSO INCREASE. BUT THERE MAY BE THINGS THAT A DESIGNER IS ABLE TO TAKE CARE OF MULTIPLE ISSUES WITH ONE SOLUTION AND SO THERE IS A DEFINITE NEED TO HAVE THE DESIGN DONE BEFORE THESE FIXES ARE IMPLEMENTED BASED ON THESE. BUT WE DO WANT YOU TO HAVE A LONG RANGE PLANNING DOCUMENT AND THAT'S THE WHOLE PLAN OF THE ADA TRANSITION PLAN. SO YOU CAN PLAN FOR THIS OVER TIME AND THEN ALSO MAKE SURE THAT YOU'RE GETTING THESE DESIGNS SO YOU DON'T HAVE ACCESSIBILITY ISSUES MOVING FORWARD.
[02:00:10]
>> BUT ALL THESE IMPROVEMENTS SHOULD BE INCORPORATED INTO YOUR BUSINESS AS USUAL. SO LOOKING AT EXISTING PROJECTS THAT ARE UPCOMING, YOU WANT TO INCORPORATE ANY OF THOSE IDENTIFIED BARRIERS INTO THOSE EXISTING SCOPES. SO WE'RE NOT NECESSARILY SAYING THIS NEEDS TO BE AN INDEPENDENT LINE TO IT. BY IF YOU HAVE ANY EXISTING CONCERNS FROM THE PUBLIC, YOU DO WANT TO TAKE A LOOK AT THOSE AND SEE IF THOSE CAN BE TAKEN CARE OF SOONER RATHER THAN LATER. BUT HAVING THAT PUBLIC INPUT PROCESS, THEN MAKING SURE THAT YOU ARE GETTING THE FEEDBACK FROM THE PUBLIC TO FIGURE OUT WHAT'S IMPORTANT TO PEOPLE WHO LIVE HERE . BUT ALSO LOOKING AT DEPARTMENT OF JUSTICE PRIORITIES, SO THAT STARTING WITH THE ACCESSIBLE PARKING GOING INTO THE ACCESSIBLE ROUTE TO GET INTO A FACILITY OR GET TO AN AMENITY. AND THEN IF YOU'RE INSIDE A FACILITY, THE ACCESS TO THE GOODS AND SERVICES. IF YOU DO HAVE AVAILABLE FUNDING, GO AHEAD AND USE THAT RIGHT AWAY. WE'RE NOT SUGGESTING THAT ANYTHING BE PUT ON HOLD FOR ANY REASON. IF YOU HAVE THE FUNDING, GO AHEAD AND MAKE THE IMPROVEMENTS. AND THEN THE REST OF THIS, JUST LOOKING AT SEVERITY OF NONCOMPLIANCE. SO YOU WERE MENTIONING THAT YOU MIGHT HAVE SOMETHING THAT'S SLIGHTLY OUT OF COMPLIANCE. THAT'S GOING TO BE THE BENEFIT OF HAVING ALL YOUR EVALUATIONS DONE IS YOU CAN UNDERSTAND WHERE YOUR HIGHEST RISK AREAS ARE, AND YOU CAN SPEND YOUR DOLLARS WHERE THEY'RE MOST NEEDED UP FRONT. AND THEN LOOKING AT PROXIMITY TO MAJOR GENERATORS WHERE YOU'RE GOING TO HAVE THE MOST PEDESTRIANS, AND THEN ALSO AS YOU'RE BRINGING PEOPLE IN FOR PROGRAM SERVICES AND ACTIVITIES THAT THE CITY OFFERS TO THESE DIFFERENT LOCATIONS, THOSE ARE GOING TO BE A HIGHER PRIORITY THAN LOCATIONS THAT DON'T HAVE PUBLIC ACCESS . AND THEN I MENTIONED, YOU KNOW, LOOKING AT, IS THIS A MAINTENANCE ACTIVITY OR IS THIS A CAPITAL IMPROVEMENT, AND FIGURING OUT HOW TO WORK THAT INTO YOUR BUSINESS AS USUAL. AND WE WORKED CLOSELY WITH STAFF TO COME UP WITH A RECOMMENDED TIMELINE FOR IMPLEMENTATION FOR WHAT'S BEEN EVALUATED TO DATE, SO THAT IS GOING TO BE THE THREE-YEAR TIMELINE THAT YOU SEE THERE AT THE $2.3 MILLION PER YEAR. AND I KIND OF ALLUDED TO THIS SLIDE A LITTLE BIT AGO, WHERE WE ARE AT STEP ONE, THE MASTER PLANNING PROCESS. THIS IS YOUR MASTER PLAN FOR ACCESSIBILITY. IT IS INTENDED TO BE A LIVING DOCUMENT, SO AS YOU BEGIN IMPLEMENTATION, YOU HAVE EVERY RIGHT TO CHANGE THAT IMPLEMENTATION SCHEDULE BASED ON NEW INFORMATION THAT YOU MIGHT FIND OUT, WHETHER THAT THE ADDITIONAL EVALUATIONS OR YOU REALIZE THAT YOUR FUNDING MAY HAVE CHANGED. BUT I MENTIONED YOU DO NEED TO MAKE SURE THAT YOU HAVE DESIGNED SO THAT YOU CAN MAKE SURE THAT THESE IMPROVEMENTS ARE DONE CORRECTLY, AND THEN THAT WILL PROVIDE THAT OPINION OF PROBABLE CONSTRUCTION COSTS FOR YOU SO THAT YOU CAN GET THE EXACT NUMBER THAT YOU'RE GOING TO NEED. AND THEN LASTLY, THAT CONSTRUCTION STEP. AND THEN THE FUTURE EFFORTS THAT WE SAW LEFT, I MENTIONED THE PROGRAMMATIC INVENTORY THAT WE DID. SO IT'S LOOKING AT WHAT NEEDS TO BE REVIEWED FOR THAT. LOOKING AT THE REMAINING PUBLIC RIGHTS-OF-WAY SIDEWALK CORE DOORS, SO THERE'S ROUGHLY 170 MILES REMAINING. AND THEN PUBLIC OUTREACH, THAT IS A REQUIRED COMPONENT, BUT IT'S ALSO VERY IMPORTANT IN HELPING YOU GUYS UNDERSTAND WHAT'S IMPORTANT TO THE COMMUNITY. AND THEN ANY TRANSITION PLAN UPDATES, JUST SO YOU'RE DOCUMENTING ALL THIS ADDITIONAL WORK . WE'LL PLAN TO COORDINATE CLOSELY WITH STAFF DURING THE PROJECT MEETINGS, AND THEN ALSO PROVIDE STAFF TRAINING. SO MAKING SURE PEOPLE ARE FAMILIAR WITH WHAT THE REQUIREMENTS AND STANDARDS ARE. AND THEN LASTLY, WE DO WANT TO MAKE SURE THAT YOU GUYS ARE SELF-SUFFICIENT, YOU'RE ABLE TO MAKE DECISIONS ON FUNDING AND FIGURE OUT WHERE YOU'RE GOING TO HAVE YOUR PROJECTS, AS WELL AS TRACKING THOSE OVER TIME. AND SO THAT'S WHERE WE'RE SUGGESTING A DASHBOARD. ALL THE FIELD DATA THAT WE WILL COLLECT GETS PUT INTO THAT, SO YOU ARE A NON-GIS USER, YOU'RE ABLE TO QUICKLY LOOK ON THE WEB BASED APPLICATION, FILTER THROUGH THE DATA, AND MAKE THE FUNDING DECISIONS BASED ON THAT. BUT OUR ASK OF COUNSEL THIS EVENING IS TO APPROVE THE ANNUAL BUDGET THAT'S NEEDED FOR THE IMPLEMENTATION OF THE TRANSITION PLAN FOR THOSE EVALUATIONS THAT HAVE BEEN COMPLETED TO DATE, AND THEN ALSO APPROVAL AND ACCEPTANCE OF THE PLAN THAT'S BEEN COMPLETED THIS YEAR.
>> AND WHAT WAS THAT ANNUAL BUDGET THAT WE NEED TO EQUIP
TONIGHT? >> THAT WAS 2.3, ROUGHLY $2.3 MILLION FOR THE NEXT THREE YEARS.
>> YEAH, SO, AARON, WHAT'S LEE, WHAT'S THE STATUTORY REQUIREMENT ON THAT LIMITATION AS FAR AS TIME?
>> SO IN THE A.D.A. REGULATIONS, EVERYTHING SHOULD HAVE, ALL THE BARRIERS TO ACCESS SHOULD HAVE BEEN REMOVED BY 1995, SO THEY BASICALLY GAVE EVERYONE A THREE-YEAR TIMELINE IN THAT ORIGINAL REGULATION. AND SO THAT'S PART OF WHERE THE THREE YEARS AND STAFF MAKING CONSIDERATIONS, WHERE THAT CAME
FROM. >> GOING, GOING BACK, THIS IS, I GUESS IT'S SLIDE SIX. IT SAYS PHASE ONE, CURRENT PHASE. I
[02:05:04]
DON'T SEE ANYTHING ABOUT PHASE TWO, THREE, FOUR, OR FIVE. AND THEN WHEN IT TALKS ABOUT, ON SLIDE 15, STEP ONE, STEP TWO, STEP THREE, STEP FOUR. AND THEN IT TALKS ABOUT THIS 2.3, I MEAN, THIS THREE YEARS. IS THAT THE COMPLETE PHASE ONE? BECAUSE PHASE ONE IS NOT CONSTRUCTION. SO I'M CONFUSED ABOUT THEPHASES. >> NO, THANK YOU FOR ASKING THAT QUESTION. SO THERE'S, IT'S A TWO-STEP PROCESS. SO YOU'RE GOING TO HAVE THE EVALUATION SIDE OF THINGS, WHICH IS WHAT WE'RE DOING RIGHT NOW. BUT THEN WE COME UP WITH THE CONCEPTUAL BUDGET ESTIMATES, TAKING OUR, THE KNOWLEDGE THAT WE HAVE ABOUT WHAT IT'S GOING TO TAKE TO IMPLEMENT THOSE BARRIER REMOVALS, AND THAT IS GOING TO BE THAT $7 MILLION FIGURE. SO THAT'S THE IMPLEMENTATION. SO WE'RE WORKING WITH STAFF RIGHT NOW TO FIGURE OUT WHAT IT'S GOING TO TAKE FOR THE FUTURE EVALUATIONS, BUT THAT IS NOT PART OF THE ASK THIS EVENING.
>> OH. >> IT IS SIMPLY FOR THE IMPLEMENTATION OF WHAT'S BEEN IDENTIFIED TO DATE.
>> OKAY. SO THAT'S WHAT THE, THE $2.3 MILLION FOR A YEAR IS NOT ANY FURTHER UNDERSTANDING THAT WE NEED A CHANGE, IT'S WHAT
WE KNOW RIGHT NOW. >> CORRECT.
>> THANK YOU. >> SO THAT NUMBER COULD GO UP ,
PROBABLY WILL GO UP. >> YES, WITH THE ADDITIONAL EVALUATIONS, THERE IS A VERY GOOD CHANCE THAT NUMBER WILL GO
UP. >> AND THEN THE QUESTION, ONE OF THE QUESTIONS I HAD, SO IF YOU GO BACK TO THE SLIDE THAT SHOWED THE, I CAN'T REMEMBER WHAT YOU CALL THEM, THE, MAYOR CALLED THEM TRUNCATED DOMES, WHERE THE, WHERE YOU CONNECT -- YEAH. SO, LIKE, FOR INSTANCE, I, I KNOW, I LIVE IN THE NEIGHBORHOOD THAT'S THE MIDDLE ONE, THAT'S NONCOMPLIANT, AND IT'S COMING UP ON 25 YEARS OLD. WHERE THERE REGULATIONS TO WHERE THIS PAST THE REGULATION BEFORE, BUT THEY'VE BECOME MORE STRINGENT, AND THAT'S WHY IT'S OUT OF COMPLIANCE NOW, OR DID THEY JUST
BUILD IT WRONG FROM DAY ONE? >> SO A COUPLE OF THINGS.
FACILITIES ARE ONLY REQUIRED TO BE COMPLIANT WITH THE STANDARD THAT WAS IN PLACE AT THE TIME OF CONSTRUCTION, SO I DON'T KNOW EXACTLY WHEN THESE WERE CONSTRUCTED, BUT TYPICALLY FOR THE PUBLIC RIGHTS-OF-WAY FOR THAT REASON, WE EVALUATE EVERYTHING PER THE CURRENT GUIDELINES FOR THE PUBLIC RIGHTS-OF-WAY. PEDESTRIAN FACILITIES. AND SO THE STANDARDS, AS THEY, THEY HAVE MADE A FEW CHANGES OVER TIME, BUT IT'S USUALLY MORE FOR CLARIFICATIONS THAN ACTUALLY CHANGING THE COMPLIANCE THRESHOLD. SO THAT'S SLOW FOR THE FLARES THAT YOU SEE ON HERE HAS NOT CHANGED SINCE THE ORIGINAL REQUIREMENTS, BUT REGARDLESS OF WHEN THEY WERE CONSTRUCTED AND WHAT'S WRONG, YOU DO HAVE AN ONGOING OBLIGATION TO REMOVE BARRIERS TO ACCESS, AND SIDEWALKS ARE CONSIDERED A PROGRAM, AS WELL AS THE CURB RAMPS, WHICH WERE SPECIFICALLY MENTIONED IN THE REGULATION. SO WITHOUT SPLITTING HAIRS ON THAT, THEY STILL NEED TO BE BROUGHT INTO COMPLIANCE
OVER TIME. >> OKAY. YEAH, I JUST WANTED TO SHARE IF, IF THOSE WERE ONES THAT MAYBE -- YEAH. I, I GUESS THAT'S WHAT I WAS TRYING TO FIGURE OUT, IS IF THEY WERE COMPLIANT. SO WAS THIS NOT COMPLIANT, THEN, WHEN IT WAS
BUILT IN 2000, 2001? >> THERE IS A GOOD POSSIBILITY, BUT ALSO IN THE PUBLIC RIGHTS-OF-WAY, YOU ALSO CAN HAVE A LOT OF SHIFTING SOILS, YOU CAN HAVE TREE ROOTS THAT COME UP. SO THERE ARE DIFFERENT THINGS THAT CAN HAPPEN THAT CAN CHANGE THE ORIGINAL CONSTRUCTION, AND IT MAY VERY WELL HAVE BEEN COMPLIANT ON DAY ONE, BUT NOW, TODAY, IT'S NOT. AND SO I CAN'T REALLY SPEAK TO WHAT CAUSED THAT.
>> I KNOW THAT NEIGHBORHOOD, I LIVE IN THAT NEIGHBORHOOD, SO THE, THE, THE STREETS ARE SINKING AT AN ALARMING RATE.
YOU'VE GOT MANHOLE COVERS, AND THEN YOU'VE GOT THE STREET THAT'S PROBABLY, THERE'S ONE THAT'S ON HILTON BY, LIKE, COUNSEL FOR THORTON'S HOUSE. IT'S, WHAT, FOUR INCHES?
>> THEY PUT A CONE OUT. >> THERE IS A CONE OUT. SO I CAN, I CAN SEE THAT WHERE HIS DOUBLE STREET IS SINKING, BUT THE, THE SIDEWALK ISN'T, THEN IT, IT WOULD INCREASE THE, THE
PITCH, SO. >> LEAVING THE GAP FOR THE TRUNCATED DOME TO THE SIDEWALK. I DON'T REMEMBER THE, THE GAP -- I REMEMBER THERE WAS A TOOL THEY HAD, AND THE GAP BETWEEN -- PEOPLE WOULD USE, LIKE, A BIG -- FOR LACK OF A BETTER TERM, YOU KNOW? IT'S LIKE, NO, THAT'S TOO FAR OUT. AND WHEN WE DID THE CITY HALL -- I WOULD NOT HAVE DONE A PAPER SYSTEM OUT HERE FOR THE ENTIRE SIDEWALK, BECAUSE I'M LIKE, LONG TERM, THE MAINTENANCE ON IT, I WOULD'VE DONE STAMPED CONCRETE, BECAUSE YOU CAN MAINTAIN THE, HOW IT IS BETTER, IN INDIVIDUAL LOCKS MOVING, BECAUSE EVERY TIME YOU SEE ONE GO DOWN, WHATEVER IT IS, HALF-INCH MAINTENANCE, AND I'M JUST LOOKING AROUND, I'M LIKE, THIS IS JUST ONE BIG A.D.A. NIGHTMARE MAINTENANCE. IT LOOKS COOL, BUT WHAT I FOUND OUT PROBABLY 15 YEARS AGO WAS WHAT LOOKS COOL IS NOT WHAT'S THE BEST. BUT I, I DON'T THINK THIS IS, I DON'T THINK OUR CITY IS ANY WORSE THAN ANY OTHER. I MEAN, YOU WALK DOWN IN DOWNTOWN AUSTIN, THAT'S A FREAKING NIGHTMARE DOWN THERE. I MEAN, IT'S A NIGHTMARE FOR PEOPLE WHO DON'T HAVE ABILITY ISSUES. AND SO WHILE, I'M NOT SAYING WE'RE PERFECT, I DON'T LOOK AT THIS AS SOMETHING THAT WE NEED TO GO -- WE DON'T HAVE TO $.3 MILLION TO SPEND THIS YEAR, SO WE, WE
[02:10:01]
JUST DON'T BUDGET -- LIKE THAT. BUT I DON'T SEE THIS AS SOMETHING TO WHERE WE NEED TO DROP EVERYTHING THAT WE'RE DOING AND ONLY FOCUS ON THIS. I THINK WHAT WE, IN MY MIND, WHAT WE NEED IS STAFF BETWEEN PUBLIC WORKS AND CITY ENGINEERING AND THE CITY MANAGER IS TO GO THROUGH YOUR LIST AND IDENTIFY, WHAT ARE THE, THE REALLY BAD ONES WHERE YOU HAVE A FOUR INCH DROP ON THE SIDEWALK. AND I WOULDN'T WORRY ABOUT THE ONES TODAY THAT ARE .2% OUT OF GRADE COMPLIANCE, BECAUSE THAT , MAYBE, WE GOT BIGGER ISSUES. BUT FIX THE ONES THAT WERE THE, THE CONCRETES BROKEN UP BY GRAHAM CRACKERS, AND IT'S ALREADY TRIPPING HAZARDS FOR PEOPLE TO WALK. THE ONES THAT HAVE ISSUES FOR PEOPLE THAT ARE IN WHEELCHAIRS, OR THAT HAVE VISIBILITY ISSUES. TO ME, IT'S WORKED THROUGH ALL THOSE AND IDENTIFY. BECAUSE WE JUST, WE JUST STOLE MONEY AT THE PROBLEM.WE DON'T, TODAY, NO, UNLESS, LIKE COUNCIL, I THINK WE NEED TO BE SHOWN THIS STREET, THIS, THIS SIDEWALK, THIS INTERSECTION, THIS PIECE HERE, THIS PIECE THERE. SOMETHING, I THINK. AND THAT'S WHAT YOU SAID, WHERE WE KNOW INSTEAD OF -- AND THEN WE'RE GOING TO HAVE TO GO BUDGET AND FIGURE OUT ALSO WHAT'S GOING TO BE FIXED AND REDEVELOPMENT THAT'S OCCURRING, WHAT'S GOING TO HAVE TO BE FIXED, LIKE, THAT THING WE'RE DOING, THAT'S GOING TO FIX SOME ISSUES.
>> SO I HEARD THAT -- I'M TRYING TO UNDERSTAND WHAT YOU'RE ASKING. YOUR ASK WAS THAT WE PASS A VOTE THAT SAYS WE'RE GOING TO BUDGET $2.3 MILLION A YEAR FOR THE NEXT THREE YEARS.
WHAT HAPPENS IF WE DON'T DO THAT? WHAT HAPPENS IF THE, THIS COUNCIL SAYS, NO, WE DON'T HAVE THAT MONEY, WE DON'T HAVE THAT IN THE BUDGET, WE CAN'T AFFORD THAT, WE'RE NOT GOING TO, WE'RE NOT GOING TO DESIGNATE THAT MUCH MONEY? SO THE FEDERAL REGULATIONS SAY THAT YOU DO NEED TO IDENTIFY A SCHEDULE TO IMPLEMENT YOUR TRANSITION PLAN. SO IF THREE YEARS IS NOT THE ANSWER, THEN WE NEED TO WORK WITH YOU AND GET YOUR FEEDBACK ON WHAT YOU FEEL IS A REASONABLE TIMELINE TO ADDRESS THE BARRIERS THAT HAVE BEEN IDENTIFIED SO THAT CAN BE DOCUMENTED IN THE PLAN AND WE CAN REWORK THE ANNUAL BUDGET.
>> OKAY. SO, SO THERE IS SOME LEEWAY WITH THE THREE YEARS.
>> MAY I ADD -- REGARDLESS OF THE THREE YEARS OR EXTENDED TIMEFRAME, MY QUESTION, I THINK, IS, IS IF WE DON'T DO THE BUDGET TONIGHT, DO WE HAVE 30 DAYS OR 60 DAYS TO COME UP WITH A BUDGET ITEM? IN OTHER WORDS, I DON'T, I, I CAN'T VOTE FOR A BUDGET ITEM TONIGHT FOR $2.3 MILLION A YEAR. I CAN'T. SO.
>> SO COUNCILMEMBER, NOT, NOT TO TRUNCATE AARON AT ALL, BUT IT
>> THERE WAS NO FISCAL NOTE FOR A BUDGET AMENDMENT. THIS WAS MEANT AS A PRESENTATION TO RECEIVE THE INFORMATION.
>> OKAY. >> I THOUGHT THE ASK FOR TONIGHT
WAS -- >> I'M JUST RE-CLARIFYING HER,
HER DELIVERY OF WORDS. >> OKAY.
>> THAT, THAT WHAT HAS BEEN IDENTIFIED WOULD RESULT IN $2.3 MILLION A YEAR FOR THE NEXT THREE YEARS. BUT THEY STILL ARE IN THE PROCESS OF FINALIZING THE PLAN. NOW, ONCE YOU ACCEPT AND ADOPT THE PLAN, THAT LAYS OUT TIME AND MONEY. NOW, YOU'RE GOING TO -- YOU'RE GOING TO BE ON THE CLOCK. AND YOU'RE GOING TO BE HELD ACCOUNTABLE, TO A CERTAIN DEGREE, IF THE FEDS COME LOOKING, RIGHT, AND SAY, HEY, YOU'RE NOT, YOU'RE NOT IN COMPLIANCE. YOU SAID YOU WERE GOING TO SPEND $1 MILLION, YOU'RE SPENDING $2000, THAT AIN'T GOING TO CUT IT.
>> AND DON'T INTERPRET THIS AS ME BEING AGAINST THIS. I'M 100% FOR THIS. YOU KNOW, THE FIDUCIARY RESPONSIBILITY OF HOW
WE'RE GOING TO FIT IT IN. >> AND ARGUABLY, JUST FOR, JUST FOR REFERENCE, $2.3 MILLION A YEAR IS ROUGHLY FIVE CENTS ON
THE TAX -- >> SO ONE THING THAT I WAS GOING TO POINT OUT, CITY MANAGERS, IS CORRECT, THAT, YOU KNOW, THIS WAS NOT PUT ON THE AGENDA AS A BUDGETARY ITEM. WE'RE JUST LOOKING FOR FEEDBACK FROM YOU GUYS ON, ON WHAT YOU WANT THE PLAN TO SAY, BECAUSE, AS AARON SAID, WE'RE GOING TO HAVE TO GIVE THIS PLAN -- WE'VE ALREADY BEEN GETTING THE SURVEYS FROM TXDOT, BECAUSE THEY ARE THE ENFORCER ON BEHALF OF THE FEDERAL GOVERNMENT, AND WE ARE, WE FAILED ALL THOSE SURVEYS. I NEED, I DON'T KNOW A BETTER WAY TO SUGARCOAT IT.
>> I MEAN, WE'RE NEW NEIGHBORHOODS THAT WE SENT ACCEPTED AS BEING TOLD THAT THEY WERE BEING IN COMPLIANCE.
>> NO, IT'S NOT, THEY DON'T COME OUT AND CHECK ALL THE NEIGHBORHOODS. WHAT THEY DO IS THEY ASK, DO YOU HAVE A TRANSITION PLAN , DO YOU HAVE ALL THESE ACCESSIBILITY STANDARDS IN PLACE, DO YOU HAVE COMMUNICATION PLANS, DO YOU HAVE ALL THESE OTHER, DO YOU HAVE PUBLIC OUTREACH, IS YOUR WEBSITE
>> CORRECT. AND SO, SO, BECAUSE WE DON'T HAVE ALL THOSE THINGS, WE ARE BASICALLY DEEMED, I THINK THEY CALL IT A RED LETTER. IS THAT CORRECT? WE GET A RED LETTER FROM THEM SAYING WE'RE NOT IN COMPLIANCE AND WE'RE NOT BREAKING PROGRESS TOWARDS COMPLIANCE. AND SO THEN WE GET PUT ON THE NAUGHTY LIST, AND I'M, I'M KIND OF OVERSIMPLIFYING , SOMEWHAT
[02:15:12]
MAKING FUN OF THE THING AND I PROBABLY SHOULDN'T BE, BUT WE GET PUT ON THE BAD LIST, AND SO THEN, THEORETICALLY, IF WE DON'T START MAKING PROGRESS, TXDOT THEN COMES BACK AND SAYS, ON BEHALF OF THE FEDERAL HIGHWAY ADMINISTRATION, WE ARE NO LONGER GOING TO SHARE ANY MONEY WITH YOU WE'RE NO LONGER GOING TO GRANT, WE'RE NOT GOING TO GIVE YOU ANY GRANTS, WE'RE NOT GOING TO PARTNER WITH YOU ON ANYTHING. AND THEN THEY CAN ALSO TURN US OVER TO THE FEDERAL GOVERNMENT AND THE DEPARTMENT OF JUSTICE COULD COME AFTER US FOR NONCOMPLIANCE WITH THE CODE OF FEDERAL REGULATIONS. BUT THE OTHER THING THAT I WAS GOING TO POINT OUT IS THE PAST SEVERAL YEARS, WE'VE HAD A, AN ITEM, AND THE MONEY GETS, HAS BEEN GETTING REALLOCATED TO OTHER THINGS, BUT WE'VE HAD AN ITEM ON THE CIP THAT'S JUST LIKE, I THINK IT'S CIP 201 RE: FY . IT REOCCURS EVERY FISCAL YEAR.IT'S $500,000, AND, I MEAN, I'LL JUST BE HONEST WITH YOU, THAT HAS KIND OF BEEN THE LOWEST PROJECT ON MY PRIORITY LIST BECAUSE OF ALL THE OTHER ONES THAT, THAT I'VE BEEN TRYING TO JUGGLE. AND SO THE FIRST YEAR THAT WE HAD IT ON THERE, I THINK WE REALLOCATED IT TO PUT INTO COST OVERRUNS FOR LAKESIDE AND SOME OTHER PROJECTS TO FINISH OUT SOME SIDEWALK PROJECTS. LAST YEAR WE REALLOCATED THE FUNDS FOR SOME OTHER ACQUISITIONS THAT WE DID . THIS YEAR, I'M NOT SURE WHAT WE'RE GOING TO DO WITH IT. I WAS THINKING THAT WE WERE GOING TO DO A FIELD ENGINEERING PROGRAM WHERE WE COULD START TRYING TO FILL IN SOME OF THE GAPS, WHICH IS WHAT I HAD MISTAKENLY SENT YOU WHEN YOU ASKED ABOUT THE 11.1 QUESTION. WHAT, SO THE REASON I'M BRINGING ALL THAT UP IS, IT IS POSSIBLE THAT IF YOU GUYS WERE ON BOARD, YOU COULD LOOK AT, POTENTIALLY, USING THAT MONEY IN FUTURE YEARS TO FACILITATE THIS PROGRAM. NOW, OBVIOUSLY, AARON WOULD HAVE TO GO BACK AND CHANGE OUR TIMELINE AND ALL THAT KIND OF STUFF, BUT THE MONEY MIGHT BE ALREADY IN THE CIP, AND EVERY YEAR, YOU GUYS ARE ALLOCATING THAT MONEY.
IT'S JUST, WE'RE NOT REALLY USING IT FOR THOSE PROJECTS.
WE'RE USING IT FOR OTHER THINGS TO COVER COST OVERRUNS AND OTHER ACQUISITIONS THAT WE WEREN'T PLANNING FOR AND THAT KIND OF
STUFF RIGHT NOW. >> YEAH, I, I COULD SEE THE $500,000 THIS YEAR, I COULD SEE 750 NEXT YEAR, AND ABOUT 10 MILLION. I MEAN, THIS IS $7 MILLION RIGHT NOW. THAT'S IF YOU DID IT TODAY, I WOULD IMAGINE. SO, OR OVER THE NEXT THREE YEARS. BUT YOU'VE GOT, 175 MILES OF RIGHT-OF-WAY. I'M GOING TO TELL YOU NOW, I'M ALMOST GUARANTEED THIS NUMBER IS AN EXPONENTIAL OF SOMETHING BIGGER. SO, LIKE I SAID, I'M NOT, I'M NOT DIMINISHING THE, THE, THE IMPORTANCE OF THIS. I JUST KNOW THERE'S NOT, I WOULD, I WOULD GO ON THE RECORD AND SAY I DON'T THINK THERE'S ONE CITY THAT WOULD BE, HAVE ALL THEIR STUFF DONE. THE BIGGER THE CITY, THE HARDER THE ISSUE, BECAUSE EVERY TIME YOU CHECK IT TODAY, IT'S SETTLED NEXT YEAR AND YOU'VE GOT TO GO BACK, YOU ALMOST HAD TO, AND YOU'VE REALLY GOT TO HAVE SOMEONE WHOSE WHOLE JOB IS NOTHING BUT INSPECTION, RE-INSPECTING, MAKING SURE THAT ALL THE NEW CONSTRUCTION'S -- THAT WAY, BECAUSE I'LL TELL YOU NOW, I DON'T KNOW WHO OUR TAS PERSON HAS BEEN, BUT THERE'S PROBABLY, PROBABLY -- LICENSE WHEN YOU GUYS GO BACK AND START CHECKING ALL THE STUFF WE DID, AND THAT ALL THE, THE SINKING, AND THEN ALL THE SLOPES BEING WRONG, AND THAT'S JUST THE STUFF WE BUILT JUST IN THE LAST TWO OR THREE YEARS. NOT EVEN TALKING ABOUT THE STUFF THAT WAS BUILT 30 YEARS AGO. AND I WOULD ALSO SAY, I THINK YOU CAN GET SUED ANYTIME BY ANYBODY, BECAUSE THE RULES ARE SUPPOSED TO HAVE BEEN FOLLOWED AS OF '95.
>> RIGHT. >> AND JUST BECAUSE EVERYBODY ELSE IS FOLLOWING THE RULES DOESN'T MEAN YOU GET A PASS.
BUT WHAT I HAD SEEN HIS, FOR THE TRAINING, WITH THE, WITH THE CONSENT DECREE THAT WAS HAD BEFORE A BIG COURT CASE IN ATLANTA, GEORGIA, IT WAS ALL ABOUT THE PLAN. IT WAS ALL ABOUT GOING FORWARD . AND THEN ADDRESSING COMPLAINTS SERIOUSLY.
LIKE THE BATHROOM THAT YOU SHOWED IN THIS BUILDING. THIS BUILDING'S ONLY FIVE YEARS OLD. SO HOW COULD YOU HAVE A BATHROOM THAT'S, I THINK THAT'S OUT OF COMPLIANCE? I COULD SEE THE POLICE STATION HAVING A BULLETIN BOARD, BUT, I MEAN, THERE'S SO MANY THINGS WHEN YOU GUYS WALK AROUND THAT WHEN YOU REALLY IDENTIFY, IT'S, LIKE, 36 INCHES UP OR SOMETHING, RIGHT, FROM THE BOTTOM. I JUST DON'T, IT'S 36 OR 42, AND THERE ARE A NUMBER TO WHERE EVERYTHING HAS GOT TO BE, EVERY PAPER TOWEL, EVERY --
>> YEAH, IT DEPENDS ON THE ELEMENT, BUT YES, THERE'S,
THERE'S HEIGHT LIMITATIONS. >> ONCE YOU START THINKING ABOUT IT, YOU WALK AROUND, AND THE, THE TRAINING THAT I WAS GIVEN WAS, IF YOU TAKE, LIKE, A RESTAURANT THAT HAS A GREAT VIEW UP TOP, AND YOU HAVE YOUR, YOU HAVE YOUR HANDICAP SEATING AT THE BOTTOM AND YOU FALL IN LINE AT THE BOTTOM, YOU GOT ALL PERFECT, YOU'RE JUST RUMINATING AGAINST THE PERSON IF YOU DON'T HAVE AN ELEVATOR , BECAUSE OF YOUR RESTAURANT, IF IT'S THE VIEW THAT EVERYBODY'S GOING FOR, BUT YOU'RE SAYING, WELL, BECAUSE YOU'RE IN A WHEELCHAIR, WE GOT YOU A SPOT DOWN HERE, THAT'S STILL DIFFERENT THAN THE PREVIOUS 60S, TELLING PEOPLE WHAT YOU CAN BEWARE EVERYBODY ELSE'S. SO IF YOU HAVE THAT VIEW, EVERYBODY GETS TO HAVE THAT VIEW. AND THEN I LEARNED THAT'S WHY SOME OF THE HOTEL STOPPED WITH THEIR POOLS AND MADE THE PRIVATE CLUBS, BECAUSE EVERYBODY IS ABLE TO USE THE
[02:20:02]
SWIMMING POOL, BUT THEN THE COST OF DOING THAT WITH A LIST, I MEAN, THIS GETS INTO, WE'RE GETTING -- IN TERMS OF OUR LIABILITIES. SO, YOU KNOW, I COULD SEE US SPENDING, YOU KNOW, RAMP UP TO $1 MILLION A YEAR AND JUST, INSTEAD OF HAVING 500,000, WHERE WE'RE REPLACING SIDEWALKS, WITH WHICH IT FROM REPLACING SIDEWALKS TO REPLACING SIDEWALKS THAT ARE NOT A.D.A.COMPLIANT, WHICH IS KIND OF THE SAME THING, AND THEN ADDING MORE MONEY OVER THE YEARS TO WHERE EVENTUALLY, WE, AND EVER GET CAUGHT UP, BUT, THAT I KNOW OF, BUT WE'LL, I MEAN, WE'LL BE
MAKING PROGRESS. >> SO -- BUT GO AHEAD.
>> YEAH, I KIND OF DISAGREE. I MEAN, I THINK IF WE'RE SUPPOSED TO GET IT DONE IN THREE YEARS, IS THAT AN EXPECTATION, THEN WE HAVE TO LOOK AT THAT. TXDOT UNDERSTAND BUDGET CYCLES. WE JUST WENT INTO OUR BUDGET. SO THEY UNDERSTAND WE CAN'T JUST PULL $2 MILLION OUT OF THIN AIR RIGHT NOW WITH THE SIZE OF OUR BUDGET. IT'S NOT GOING TO HAPPEN. SO I THINK WE SHOULD PLAN IT AS A CIP PROJECT EACH YEAR FOR THE NEXT SEVERAL YEARS.
WHAT WE SHOULD DO THIS YEAR IS PRIORITIZE THE BIGGEST SAFETY ISSUES AND LOOK FOR , NUMBER ONE, YOU SAY YOU'VE GOT THAT $500,000 AS A POTENTIAL STARTING POINT, BUT THE OTHER THING IS, SOME OF THESE ARE SMALL THINGS, RIGHT? WE SHOULDN'T NEED A BUDGET AMENDMENT FOR THE POLICE DEPARTMENT TO MODIFY THEIR BULLETIN BOARD. NOW, THEIR BATHROOM, MAYBE THAT'S A DIFFERENT STORY. THAT'S A LITTLE HARDER. AND THEN, LIKE, THERE WAS A CODE COMPLIANCE THING WITH VEGETATION ON THE SIDEWALK. THAT'S NOT A CITY FUNDING ISSUE. SO I DON'T KNOW IF THAT'S GOT A DOLLAR AMOUNT TAGGED TO IT, BUT IT SHOULDN'T.
SO THERE'S THINGS THAT WE SHOULD BE ABLE TO JUST DO WITHIN THE NORMAL OPERATIONS AND REPRIORITIZE SOME THINGS AND FIX AS MANY OF THE SAFETY, THE, THE HIGHER IMPACT SAFETY THINGS THIS YEAR AS WE CAN WITHOUT BUDGETING $2 MILLION FOR IT. I DON'T THINK THAT'S FEASIBLE OR NECESSARY. BUT THEN I THINK WE SHOULD, IF, IF WE NEED TO HAVE A PLAN TO MAINTAIN FUNDING IN THE FUTURE, THEN WE SHOULD HAVE A PLAN, AND IF IT'S A $2 MILLION CIP BUDGET EVERY YEAR FOR THREE YEARS, THEN THAT'S WHAT IT IS.
AND THAT'S JUST REALITY. >> HERE'S THE THING. I DON'T
THINK IT CAN BE CIP. >> WELL, IT DEPENDS. SOME OF IT
CAN, SOME OF IT CAN'T. >> SOME OF IT, BUT IF IT'S MAINTENANCE, YOU CAN'T USE BOND MONEY. AND THEN KEEP IN MIND THIS IS A VERY SMALL, THEY BARELY EVEN SCRATCHED THE SURFACE. THEY HAVE 175 MILES OF RIGHT-OF-WAY.
>> SO THIS, JUST THE KIND OF CLARIFY, MAYOR. UP TO $7 MILLION, LITTLE OVER $4.9 MILLION IS PUBLIC RIGHT-OF-WAY.
SO CAN YOU GIVE ME AN ESTIMATE, NOT OFFICIAL, HOW MANY PUBLIC ROAD MILES THAT IS, FOR EXISTING THAT'S BEEN LOOKED AT?
>> SO, I MEAN, THAT'S ROUGHLY 6% OF YOUR NET WORTH. AND I, I CAN'T SPEAK TO WHETHER OR NOT EVERY SINGLE ROADWAY HAS SIDEWALKS ON BOTH SIDES, BECAUSE WE HEARD EARLIER THAT IT DOESN'T, SO IT'S MORE JUST THE SIDEWALKS CENTERLINE MILES.
>> IT'S, IT'S PUBLIC RIGHT-OF-WAY, SIDEWALKS, $3.1 MILLION, PUBLIC RIGHT-OF-WAY ON SIGNALIZED INTERSECTIONS, $1.8 MILLION. WHICH IS A LITTLE OVER $4.9 MILLION OF $7 MILLION. OF, WHAT, 6%. AND SO WE GOT ANOTHER 175 MILES. SO THIS NUMBER IS GOING TO DOUBLE EASILY. IT COULD TRIPLE OR QUADRUPLE. OVER FIVE, EIGHT YEARS, OR THREE -- YEARS, TYPE OF THING. SO I'M JUST TRYING TO GET A SCOPE, AN UNDERSTANDING OF THIS. AND THEN, AND THEN IF, AND IF THERE IS SOMETHING THAT, THAT IS SIDEWALK, I MEAN, AND THIS ISN'T THE QUESTION, THAT'S AN ANSWER, BUT FROM A BIDDING AND CONTRACTUAL STANDPOINT, DO WE WANT TO GO OUT WITH FIVE DIFFERENT BIDS, WITH FIVE DIFFERENT SIDEWALKS CONSTRUCTION DESIGN AND CONSTRUCTION, OR DO WE WANT TO CONSOLIDATE SOME OF THIS TO GET SOME PRICE BREAK AND ALSO PULL IN, YOU KNOW, THE BETTER USE OF THE MONEY GETTING THESE THINGS DONE? I DON'T KNOW, BECAUSE -- UNLESS WE -- UNTIL WE UNDERSTAND THOSE FUTURE NEEDS, I DON'T WANT TO, I DON'T WANT TO DELAY OR POSTPONE THE CURRENT TWO POINT, YOU KNOW, THE CURRENT $7 MILLION THAT'S EXISTING. BUT, I MEAN, I THINK WE NEED TO GET A BIGGER SCOPE OF THIS. SO, I MEAN, WHAT THIS LOOKS LIKE, TO BECOME AT LEAST GREATER THAN 50% COMPLIANT OF THE THINGS THAT WE ARE ON COMPLIANT ON.
>> THINK YOU'RE GOING TO NEED A SIDEWALK GROUP, BECAUSE I, I THINK YOU GUYS ARE GOING TO FIND OUT, WE'RE NEVER GOING TO GET IN THREE YEARS. WE'RE NEVER GOING TO COME CLOSE. AND I'M JUST TELLING YOU, IF IT WAS THAT EASY, EVERYBODY WOULD BE DOING IT. BY THE TIME THEY GET DONE AND YOU FIX THIS STUFF, THREE YEARS FROM NOW, STUFF THAT WAS COMPLIANT TODAY IS NOT GOING TO BE COMPLIANT, BECAUSE IT'S SETTLING , IT MOVED, IT SPREAD APART, THE GROUND. I MEAN, UNLESS YOU'RE BUILDING STUFF, WHICH WE'VE TALKED BEFORE ABOUT OUR -- UNLESS YOU'RE BUILDING IT IN A SPEC NOBODY DOES, BUT ONLY ONE PERSON I KNOW OF, AND EVEN THEN, IT MOVES, CONCRETE WITH CRACKED, CONCRETE WILL SEPARATE. AND SO YOU'RE TALKING, LIKE, A LIFETIME LEGACY OF CHASING PERFECTION. AGAIN, I'M NOT SAYING WE DON'T MAKE A GREAT EFFORT TO TRY, BUT I DON'T THINK ANYBODY UP HERE
[02:25:03]
SHOULD LEAVE TONIGHT THINKING THIS IS GOING TO BE DONE IN FIVE YEARS BECAUSE WHEN THE TOTAL BILL COMES, IT IS GOING TO BE, TO DO THIS CORRECTLY, I THINK YOU'RE GOING TO HAVE TO HAVE A REGULAR OCCURRING MAINTENANCE CREW INSPECTION TYPE DEAL THAT, I MEAN, WE SHOULD'VE BEEN ON IT YEARS AGO, BUT WE, WE ALWAYS GET ATS COMPLIANT LETTER THAT WE'RE GOOD . WE GOT ONE TODAY, AND I BET IF WE WALK OUT THERE, THERE'S PROBABLY SOMETHING THAT'S GOT A GAP THAT'S NOT GOING TO MEET REGULATIONS, WE'RE GOING TO HAVE TO RIP UP THE PAD OF CONCRETE AND, AND REPLACE ITAND MOVE IT OVER A HALF INCH. >> WELL, I MEAN, I THINK THAT'S JUST THE WAY IT IS. YOU'RE ALWAYS GOING TO HAVE TO KEEP FIXING THINGS. THERE'S ALWAYS GOING TO BE SOMETHING YOU FILL.
BUT THE REQUIREMENT FOR A PLAN IS TO ADDRESS THE THINGS THAT WE CAN IDENTIFY TODAY. AND IT'S NOT THAT THREE YEARS FROM NOW, WE'LL NEVER HAVE A PROBLEM. IT'S NOT EVERYTHING THAT WE'VE IDENTIFIED NOW WILL FIX IN THREE YEARS, RIGHT?
>> BUT THAT'S THE $2.3 MILLION, $2.3 MILLION A YEAR FOR THE NEXT THREE YEARS TO THEORETICALLY FIX THE SEVEN , SEVEN POINT --
>> SO, OKAY, SO HERE'S, HERE'S A QUESTION. WHAT, WHAT IS THE REQUIREMENT TO INSPECT YOUR WHOLE CITY? WHERE DOES THAT COME
FROM? >> THE REQUIREMENT TO EXPECT THE
>> I -- BUT YEAH, THAT, THAT COMES FROM THE TITLE TO REGULATIONS. SO WHEN IT COMES TO THE PUBLIC RIGHT-OF-WAY, THOUGH, I THINK YOU HAVE VERY VALID POINTS ABOUT WHAT CAN YOU DO FROM A CONSTRUCTION STANDPOINT WHILE YOU'RE ALSO STILL INSPECTING, AND WHAT MAKES SENSE THAT YOU CAN ACTUALLY GET DONE IN A PARTICULAR TIMEFRAME. AND SO THAT'S WHY, AT THE BEGINNING, WE TALKED ABOUT HOW YOU CAN START MAKING THESE IMPLEMENTATION IMPROVEMENTS WHILE YOU'RE STILL DOING THE EVALUATION, OR YOU CAN WAIT UNTIL AFTER. AND SO IF, LOOKING AT COMPLETING THE EVALUATIONS, FIGURING OUT WHERE YOUR HIGH-PRIORITY AREAS ARE GOING TO BE MAKE MORE SENSE? LIKE, THAT IS DEFINITELY AN OPTION, AND WE'RE JUST HERE TO RECEIVE YOUR FEEDBACK ON WHAT YOU THINK MAKES THE MOST SENSE FOR THE CITY.
>> IT DOESN'T, I THINK WE'RE GETTING HUNG UP ON THE THREE YEARS. THE THREE YEARS WAS, LIKE, A PROPOSAL, BUT WE'RE NOT, THE REQUIREMENT IS, IT'S SUPPOSED TO BE, I MEAN, IF WE'RE BEING HONEST, THE REQUIREMENT BY THE FEDERAL GOVERNMENT IS WE'RE SUPPOSED TO BE 100% COMPLIANT SINCE 1995. WE JUST HAVE TO HAVE A PLAN TO WHERE IF THEY COME AND THEY MEET WITH JAMES, HE COULD SAY, LOOK, WE'VE IDENTIFIED THE STUFF, WE'RE HITTING THIS AREA, THIS IS OUR AREA HERE, WE'VE ALLOCATED FROM $500-$1 MILLION TO 1,000,000 1/2 WHERE WE'RE STACKING UP ALLOCATIONS. THAT'S WHAT WE'RE TRYING TO GET TO. BUT IT'S NOT A, I'M NOT SAYING THREE ISN'T GOOD, BUT I'M SAYING FIVE ISN'T BAD, 10 ISN'T BAD. IT'S, WE DON'T EVEN KNOW YET. WE'RE TALKING $7 MILLION, BUT YOU HIT 6% OF THE RIGHT-OF-WAY, AND I DON'T KNOW
WHAT -- >> THE AVERAGE PLANS ARE THREE TO FIVE YEARS, AND THEN THERE'S A REQUIREMENT TO UPDATE IT AFTER THE PLAN ENDS. SO -- BUT THIS IS BASICALLY A MASTER PLAN THAT WE WOULD DO ON A RECURRING BASIS FROM HERE ON OUT.
>> YEAH. >> SO IT'S LIKE THE CIP PROJECT, WHERE, OR CIP PLAN, WHERE YOU PUT ALL THE PROJECTS ON YOUR FIVE AND YOU WORK WHAT YOU CAN THROUGH ONE THROUGH FOUR
AND THEN YOU GET -- >> I WOULD SAY IT'S LIKE THAT.
I WOULD SAY IT'S MORE LIKE OUR TRANSPORTATION MASTER PLAN OR A WATER MASTER PLAN OR OUR WASTEWATER MASTER PLAN WHERE WE SAY, HERE'S WHAT WE'RE GOING TO DO OVER THE LIFE OF THIS PLAN, AND THEN EVERY THREE TO FIVE YEARS, DEPENDING ON IF YOU'RE DOING A THREE-YEAR PLAN OR A FIVE-YEAR PLAN, WE COME BACK AND WE REDO THIS PROCESS. BUT YOU'RE 100% RIGHT. WE ARE NEVER GOING TO FINISH THIS, BECAUSE THE MINUTE WE GET ALL THE SIDEWALKS FIXED, WE'RE GOING TO HAVE TO GO BACK WHERE WE STARTED AND COME BACK THROUGH AND DO THEM AGAIN. THAT'S JUST THE TYPE OF SOILS WE HAVE. AND CRACKS ARE GOING TO HAPPEN, AND SHIFTS ARE GOING TO OCCUR, AND THEY'RE GOING TO HAVE TRIPPING HAZARDS, AND WE'RE GOING TO HAVE TO FIX ALL THAT STUFF. THE, THE, I CALL THEM RUMBLE STRIPS. THEY'RE GOING TO, THEY'RE GOING TO GET WORN OUT, THEY'RE GOING TO BREAK. WE'RE GOING TO HAVE TO REPLACE THEM. I MEAN, IT'S A NEVER-ENDING THING, AND YOU'RE RIGHT, EVENTUALLY, WE'RE GOING TO HAVE TO GET TO THE POINT WHERE WE HAVE A CREW THAT'S JUST FOCUSING ON TRYING
TO KEEP UP WITH SIDEWALKS. >> I KNOW IN, IN CITIES I'VE LIVED IN OUTSIDE OF THIS METRO AREA, THE PROPERTY OWNER WAS RESPONSIBLE FOR THE SIDEWALK. I DON'T KNOW IF THAT'S DONE THAT WAY BECAUSE THAT SHIFTS SOME OF THE BURDEN TO EVERYBODY. RIGHT NOW, I KNOW WE'RE ON THE HOOK FOR EVERYTHING THAT GOES WRONG, BUT I KNOW OTHER CITIES HAVE DONE OTHER THINGS.
>> AT THE END OF THE DAY, UNLESS YOU'VE HAD THAT PROPERTY OWNERS FIND SOMETHING THAT SAYS THEY'LL BE RESPONSIBLE FOR IT, IT'S ULTIMATELY GOING TO FALL BACK ON THE CITY. WE'VE ALSO SEEN WHERE THAT HAS BACKFIRED, AS PEOPLE HAVE TRIED TO TAKE OUT THEIR SIDEWALK WHEN YOU CAN'T ACTUALLY DO THAT, AND THEY REPLACED IT WITH BUSHES, FOR EXAMPLE. OR WHAT WE BUILT IN COMPLIANCE. SO REALLY, IT'S TO YOUR BENEFIT TO NOT TRY TO HAVE THE PROPERTY OWNERS BE RESPONSIBLE FOR THE COMPLIANCE.
>> I'M NOT SAYING BE RESPONSIBLE FOR THE COMPLIANCE.
WHAT I'M SAYING IS, NEW NEIGHBORHOODS, STARTING NEXT YEAR, CAN BE RESPONSIBLE FOR THE MAINTENANCE OF IT. WERE WE COME
[02:30:01]
OUT AND WE DO A CODE VIOLATION BECAUSE IT'S OUT OF COMPLIANCE, THE A, THE NEIGHBORHOOD HAS TO KEEP TRACK OF IT. I'M JUST SAYING, BECAUSE WHEN YOU GUYS COME BACK WITH THIS COST YOU COULD SPEND $3 MILLION OR $4 MILLION A YEAR, AS THE CITY GETS BIGGER AND BIGGER. WE'LL NEVER, YOU'RE ALWAYS GOING TO HAVE MORE OF A NEED, AND BEFORE LONG, YOU'RE NOT DOING ANYTHING BUT MAINTAINING THE ENTIRE SYSTEM. I MEAN, THINK OF BROWN ROCK, THE MONEY WOULD HAVE TO SPEND TO KEEP IT UP TODAY.>> I DON'T SEE A PATH TO JUST MAKE PEOPLE BE RESPONSIBLE FOR IT, AND IT'S SOMETHING THE CITY'S ALREADY BUILT.
>> I'M TALKING NEW NEIGHBORHOODS. TAKE THE FARMLAND THAT'S OUT THERE. THE, THE COTTONWOOD, IF WE DEVELOP COTTONWOOD, TO ME, THE POA WOULD BE THE RESPONSIBLE FOR THE
MAINTENANCE OF THE SIDEWALKS. >> THE, THE ONE ASPECT THAT, THAT A PROPERTY OWNER COULD AND PROBABLY SHOULD BE RESPONSIBLE FOR IS IF YOU CAN SHOW THAT THE SIDEWALK CAVED DUE TO ROOTS FROM
THEIR, THEIR TREES. >> YEAH, BUT THE TREES -- IT WAS THE TREES THAT WE HAVE THE CITY FORCED THEM TO PLANT THERE IN BETWEEN THE SIDEWALK AND THE STREET, WHICH IS ANOTHER TERRIBLE IDEA, BUT. I'M, I'M JUST SAYING, THE CITIES ARE THE ONES THAT CAUSE THESE PROBLEMS A LOT OF TIMES, AND THEN , I MEAN, WE HAVE TO, IF WE REALLY HAVE TO LOOK AT ALL THIS STUFF, WHY ARE WE PUTTING TREES IN BETWEEN SIDEWALKS AND STREETS THAT AFFECT SIDEWALKS AND STREETS 20 YEARS FROM NOW WHEN WE'RE ON
THE HOOK FOR -- >> I THINK THEY'RE LOOKING FOR POSSIBLE ACTION. DO YOU WANT THE PLAN TO BE FOR FIVE, THREE, THREE YEARS OR FIVE YEARS? IS THAT GOING TO BE PART OF YOUR MOTION? YOU COULD USE PARKLAND DEDICATION FEES TO IMPROVE PARKS THAT ONE STRIP THAT THEY WERE TALKING ABOUT THAT GOES FROM THE PARKING LOT UP TO THE PLAY AREA. YOU COULD --
>> YEAH, THAT DOESN'T -- >> THERE'S NOT ENOUGH DETAIL IN
THE LIST -- >> NO, BUT I MEAN, YOU COULD SAY, LOOK AT, BLAH, WHATEVER, IN THE PLAN.
>> I, I WOULD JUST ASK STAFF TO, TO COME BACK WITH THINGS THAT THEY VIEW AS HIGH-PRIORITY PROJECTS, AND ANY WAYS THAT THOSE COULD FIT IN EXISTING FUNDING SOURCES ON THE CURRENT YEAR, AND THEN TO COME BACK WITH TO BE A FIVE-YEAR PLAN.
>> THAT'S A GOOD -- >> -- SECTION --
>> SURE. >> COULD SOMEBODY REPEAT THE
MOTION? >> MOTION BY MAYOR PRO TEM THORNTON, SECONDED BY COUNCILMEMBER -- CAN I PARAPHRASE IT BY SAYING IT'S TO DIRECT STAFF TO LOOK AT THE PROJECTS WE'RE DOING THIS YEAR WITH THE MONEY FOR THE HIGH-PRIORITY ITEMS AND TO COME BACK WITH A PLAN TO FIX THOSE THIS YEAR, BUT THEN TO DEVELOP A FIVE-YEAR PLAN ON WHAT'S OUTSIDE
>> CAN WE -- CAN WE ADD IN THERE WHAT A THREE-YEAR, BUT FOLLOWING THESE RECOMMENDATIONS WOULD LOOK LIKE? CAN THAT BE --
>> WE HAVE RIGHT HERE -- >> YEAH. SO THE RECOMMENDATION WAS A THREE-YEAR PLAN. CAN WE HAVE A, AN, CAN WE HAVE A FRIENDLY AMENDMENT TO ADD IN WHAT EXACTLY SHE'S ASKING FOR?
WHAT THAT WOULD LOOK LIKE? >> SO YOU WANT TO PRESENT A THREE AND A FIVE-YEAR PLAN TO COUNCIL? IS THAT WHAT YOU'RE
>> AND WHAT DO YOU GUYS WANT THAT'S DIFFERENT THAN WHAT THEY HAVE RIGHT HERE? YOU WANT, LIKE, INDIVIDUAL PADS OF CONCRETE THROUGHOUT THE CITY? LIKE, HERE'S A THREE-YEAR PLAN. SO
WHAT, WHAT YOUR EXPECTATION? >> THAT'S NOT A PLAN. THAT'S
CONCEPTUAL. >> YEAH, SO YOU WANT, LIKE, THIS SECTION OF CONCRETE HERE, THE CENTER SECTION HERE? LIKE
SPECIFICS? >> MORE SPECIFIC THAN THIS . BUT I DON'T KNOW IF IT'S GOING TO BE -- I MEAN, AT SOME POINT, WE NEED TO SEE A LIST OF EVERYTHING, BUT --
>> SO THAT'S MY HOPE, IS IN A THREE-YEAR -- YOU'VE IDENTIFIED, IN FRONT OF THIS ADDRESS, TWO PADS. IN FRONT OF THIS ADDRESS, ONE PAD AT THIS INTERSECTION AT THIS STRAIGHT, AND A LIST LIKE THAT, AND AND PRIORITIZED WHAT YOU'RE GOING TO BE TAKEN CARE OF. TO ME, THAT'S, THAT'S A LOT OF WORK, BUT THAT'S WHAT I SEE AT THE PLAN TO WHERE THEN WE CAN GO BACK AND GO, OKAY, WELL, NOW WE HAVE AN IDENTIFICATION. BECAUSE IF WE JUST SAY WE'RE GOING TO THROW $1 MILLION AT SIDEWALKS, I DON'T EVEN KNOW WHAT THAT MEANS EXACTLY.
>> YEAH, AND THE OTHER ASPECT OF A PLAN WOULD BE, WHAT, WHAT IS THE CRITERIA FOR PRIORITIZING THE PROJECTS AND HOW YOU'RE
ATTACKING IT? >> IS THAT CRAZY TO GET TO THAT
[02:35:01]
LEVEL OF DETAIL? >> WELL, I WOULD SAY THAT WE HAVE DONE ALREADY WHAT YOU'VE SAID, WHERE WE'VE IDENTIFIED ALL THE BARRIERS. WE HAVE PROJECT REPORTS FOR EVERYTHING THAT WE'VE LOOKED AT, SO YOU DO HAVE ALL OF THAT DATA. I WOULD OFFER IT'S PROBABLY IN YOUR BEST INTEREST TO KEEP THE PLAN MORE ON THE IMPLEMENTATION STRATEGY SIDE OF THINGS. SO ON AN ANNUAL BASIS, YOU HAVE GUIDELINES THAT STAFF WILL USE TO SELECT THE PROJECTS ON AN ANNUAL BASIS. IF YOU START TRYING TO GET VERY DETAILED AND SAY, IN YEAR ONE, WE'RE GOING TO DO X, Y, AND Z, YOU'RE DUE, WE'RE GOING TO DO X, Y, AND Z, THERE'S A GOOD CHANCE OF THAT'S GOING TO CHANGE AND YOU'RE GOING TO HAVE TO CONSTANTLY CHANGE THINGS UP.
FOCUSING ON HOW YOU'RE GOING TO SELECT THINGS IS GOING TO BE MORE IMPORTANT ON WHAT EXACTLY YOU'RE GOING TO BE DOING OVER
THAT FIVE-YEAR PERIOD. >> LIKE A SIDEWALK OUTSIDE OF THREE INCHES, RISE AND FALL, A GAP BIGGER THAN AN INCH,
WHATEVER THOSE -- >> RIGHT, THE SEVERITY OF NONCOMPLIANCE, AND THAT'S ONE OF THOSE FACTORS.
>> TO WHERE THEN THEY CAN COME BACK NEXT YEAR ABOUT A TIME AND SAY, BASED ON WHAT YOU GUYS SAID, THE PICTURE ON THE LEFT IS GOING TO GET HIT -- BUT -- NO, THAT'S OKAY. OKAY, I GET WHAT YOU'RE SAYING. SO WE DON'T NEED A PLAN IN TERMS OF 111 GETTING THIS, ONE 13TH GETTING THIS, 115. IT'S, YOU'RE LOOKING FOR A PLAN MORE OF THESE CRITERIA IS WHAT PRIORITIZES
PROJECTS. >> EXACTLY. AND THEN THAT GIVES YOU GUYS THE FLEXIBILITY TO ADAPT AND MAKE CHANGES AS, AS
THINGS MAY CHANGE OVER TIME. >> THAT'S A LOT EASIER.
>> SO THE PLAN IS HOW, NOT WHAT?
>> WE DO NEED THAT, WE DO NEED THAT TIMELINE IN THERE.
>> AND WAS THE MOTION FIVE YEARS? I HEARD FIVE. OKAY.
>> AND THEN THE WHAT COMES IN IN OUR BUDGET PROCESS.
>> YEAH. >> SO, SO FOR ME, I MEAN, I WANT US TO FOCUS ON WHATEVER IS GOING TO GET US IN THE GOOD GRACES OF TXDOT AND THE, AND THE FEDS, BECAUSE I DO NOT WANT TO THROW A MINIMAL AMOUNT OF MONEY AT SOMETHING TO SAY, HEY, WE'RE DOING IT, AND THEN THEN COME BACK SAYING, NO, YOU'RE, YOU'RE NOT TAKING MYSTERIOUS, SO NOW WE'RE NOT GOING TO GIVE YOU A $10 MILLION GRANT OR WHATEVER, RIGHT? I, I JUST, I DON'T, I WANT US TO, TO DO WHATEVER WILL BRING US INTO COMPLIANCE. I MEAN, I, I GET THAT WE DON'T, WE, WE DIDN'T BUDGET FOR THIS.
I MEAN, THAT'S, THAT'S THE CHALLENGE WITH HOW WE BUDGETED THE LAST COUPLE YEARS, IS WE JUST BUDGETED TO THE BARE MINIMUM, AND WE DON'T PLAN FOR THIS. WE, YOU KNOW, WE DON'T PLAN FOR THE UNPLANNED. IT'S, AND SO THAT MAKES IT REALLY DIFFICULT. AND SO I WANT US TO BE ABLE TO HAVE SOME KIND OF A PLAN THAT'S, THAT WE'RE GOING TO BE ABLE TO PRESENT TO TXDOT THAT GETS US OFF THE RED LETTER LIST , AND THAT SAYS, YEAH, LOOKS LIKE YOU ARE MAKING, YOU ARE TAKING THIS SERIOUSLY, YOU ARE MAKING PROGRESS, YOU'VE DONE WHAT WE'VE ASKED YOU TO DO, YOU KNOW, ARE WE FIXING EVERYTHING IN THREE YEARS? NO.
BUT AT LEAST WE GOT A PATH FORWARD. AND IF THAT'S GOOD ENOUGH, THAT'S, THAT'S KIND OF WHAT I'M LOOKING FOR. SO WHATEVER, IF THAT'S WHAT WE'RE DOING TONIGHT, IS GOING TO MEET THAT, THEN I'M, THAT'S WHAT I WANT.
>> AND I WOULD OFFER, TXDOT IS LOOKING FOR A GOOD FAITH EFFORT.
THERE IS NO DEFINITIVE FORMULA THAT SAYS WHAT THAT NUMBER IS.
IT JUST NEEDS TO BE REASONABLE FOR THE SIZE OF THE ENTITY, AND TAKING THE PAST 35 YEARS OF BUDGET INTO CONSIDERATION, WHAT WOULD THAT HAVE LOOKED LIKE IF THAT BUDGET HAD BEEN ALLOCATED?
>> OKAY. >> SO IS A GOOD FAITH EFFORT FIVE YEARS, OR SHOULD, AGAIN, SHOULD WE BE LOOKING AT WHAT COULD HAPPEN IN THAT THREE-YEAR PERIOD?
>> I THINK 03, FIVE, OR EVEN IF YOU EXTENDED IT LONGER WOULD SHOW A GOOD FAITH EFFORT, BECAUSE YOU ARE PUTTING ACTUAL, YOUR, YOU'RE ALLOCATING DOLLARS TOWARDS THAT BARRIER REMOVAL.
AND AGAIN, THIS IS A LIVING DOCUMENT, SO WHATEVER YOU SELECT, YOU CAN UPDATE, WHETHER IT BE IN THAT THREE-YEAR CYCLE
OR SOONER. >> WE CAN ALWAYS UPDATE THIS ON AN ANNUAL BASIS, IF THAT'S INCLUDED IN THE POLICY.
>> SO I'D LIKE TO MAKE A FRIENDLY AMENDMENT THAT WE HAVE STAFF BRING BACK A THREE-YEAR TIMELINE, A FIVE-YEAR TIMELINE,
AND A SEVEN YEAR TIMELINE. >> YOU GUYS OKAY WITH THAT?
>> THAT'S FINE. >> I HAVE NO PROBLEM.
>> ALL RIGHT, ANY OTHER DISCUSSION? HEARING NONE, PLEASE
CALL THE VOTE. >> COUNCILMEMBER THORNTON?
>> AYE. >> COUNCILMEMBER KING?
>> AYE. >> COUNCILMEMBER THORNTON?
>> AYE. TREND 26 >> AYE. TREND 21
>> THANK YOU. >> A.D.A. IS GOING TO BE SO
[13.3. Consideration and possible action pertaining to the Wolfe Tract water discussion with Manville. (Matt Rector) Consideration and possible action pertaining to the presentation updates for the Americans with Disabilities Act (ADA) Transition Plan. (Matt Rector) Discussion and possible action regarding development of a process for the HEDC to build road projects for the benefit of the City of Hutto. (City Council)]
EXCITED. ALL RIGHT. NEXT WE HAVE ITEM 13.3, DISCUSSING POSSIBLE ACTION REGARDING DEVELOPMENT OF A PROCESS FOR THE HED SEAT TO BUILD ROAD PROJECTS FOR THE BENEFIT OF THE CITY OF HUTTO .AND I'LL MAKE A MOTION TO APPROVE THE PLAN AS PRESENTED BY
>> MAKE THAT KNOWING IT'S PRETTY GOOD. WE DON'T KNOW WHAT WE DON'T KNOW UNTIL WE GET INTO IT, AND I ANTICIPATE SOME
[02:40:01]
AMENDMENTS COMING AS WE WORK THROUGH THE PROCESS , AND CITY, LEGAL, AND HEDC LEGAL ARE LOOKING AT IT GOING, HEY, WHAT'S, WE FORGOT THIS HERE , WHAT WAS IT, 72 PAGES?>> LOSE COUNT. >> THE ONE THAT WROTE IT.
>> YES. >> LOSE COUNT. MY FINGERS WERE
CRAMPING. >> ANY DISCUSSION QUESTIONS?
>> YEAH. SO HAS LEGAL VETTED THIS? HAS LEGAL LOOKED IT OVER? HEDC LEGAL? HAVE THEY LOOKED AT IT?
>> I SENT IT TO THE EDC LEGAL TO TO SAY, HEY, TAKE A GLANCE AT THIS AND TELL ME IF THERE'S ANYTHING IN HERE THAT, YOU KNOW, IS COME UP WOULD MAKE IT ILLEGAL. BUT I BASTED OFF THE STATE LAW, OFF OF CITY RULES AND PURCHASING POLICIES, SO I'M PRETTY SURE THAT IT'S MOSTLY -- SO --
>> OKAY. WELL, I CAN'T VOTE FOR IT JUST BY THAT ALONE. IF, IF LEGAL HASN'T LOOKED AT IT. I MEAN, I, I REALLY AM, I'M SHOCKED THAT, THAT WE WANT TO APPROVE SOMETHING THAT HAD, THAT LEGAL HASN'T LOOKED AT, AND JUST, I, IT'S JUST 180 DEGREES FROM, FROM HOW WE RUN THINGS IN, IN THE PAST. PERSONAL OPINION, I
JUST, THAT'S JUST ME. >> NO, I RESPECT THAT.
>> I'M NOT SAYING THAT ANYBODY WHO VOTE YES FOR THIS IS A HORRIBLE PERSON, BUT FOR ME, I JUST, I AM REALLY UNCOMFORTABLE PASSING, PASSING A PROCESS AND THE POLICY THAT, THAT HASN'T
BEEN INVENTED YET, SO I, I -- >> TO THAT POINT, CITY MANAGER HAS, HAS COUNTY LEGAL LOOKED OVER SOMETHING LIKE THIS?
>> NO, I WOULDN'T NORMALLY SHARE THIS WITH THE COUNTY
ANYWAY. >> I MEAN, IS IT, ARE WE, IS THIS GOING THROUGH, LIKE, DO WE HAVE ANY STATE PURCHASING LAWS THAT WOULD PROHIBIT SOMETHING LIKE THIS FROM HAPPENING?
>> NO. NOT THAT I'M AWARE OF. I, I , IN, IN THE DISCUSSIONS THAT LED UP TO THIS, WE MADE IT PRETTY CLEAR THAT THE, THAT THE HEDC IS NOT A LOCAL GOVERNMENT, SO THEREFORE IT DOES NOT HAVE PURCHASING LAWS THAT APPLY TO IT LIKE THE LOCAL GOVERNMENT DOES.
I TOOK THE CONCERNS THAT WERE SHARED AMONGST COUNCIL AND STAFF INTO CONSIDERATION ON THE DEVELOPMENT OF THE POLICY. SO I, I FEEL LIKE IT IS, IT IS ROBUST, IT IS VERY CLEAR . IT POINTS TO WHO NEEDS TO DO WHAT. BUT BECAUSE OF THE TIMELINE THAT I WAS WORKING IN, I DON'T WANT IT TO APPEAR THAT I WAS JUST, YOU KNOW, SHIRKING MY DUTIES AND NOT RUNNING THIS THROUGH, YOU KNOW, REVIEWS AND WHAT NOT. BUT I WAS, I WAS DIRECTED TO HAVE THIS BACK ON TONIGHT'S AGENDA. I DRAFTED IT A WEEK AGO BECAUSE THE, BECAUSE THE MEETING BEFORE THAT WAS , LIKE, WHEN IT WAS DECIDED THAT THIS WOULD BE ON THIS MEETING. SO, YOU KNOW, I EFFECTIVELY HAD, LIKE, THREE DAYS TO DRAFT A SEVEN PAGE DOCUMENT, SO, FOR ALL INTENTS AND PURPOSES.
>> NO, AND I APPRECIATE THAT. IT'S JUST THAT, YOU KNOW, NOT GETTING A MEMO FROM OUR LEGAL ABOUT, HEY, WHAT'S THE LEGALITIES HERE, AND NOT SEEING ANYTHING COMING FROM HEDC'S LEGAL AS WELL, THAT RAISES SOME MAJOR CONCERNS, SO I WOULD AT LEAST APPRECIATE, YOU KNOW, LEGAL HAVING ADEQUATE AMOUNT OF TIME TO REVIEW SOMETHING LIKE THIS BEFORE WE APPROVE IT.
>> YEAH, I, I PUT IN MY ALR FOR THAT VERY THING. ONE, THAT I HAVEN'T ASKED STAFF TO REVIEW IT EITHER. THIS IS ME UNDERSTANDING THE PROCESS AS BEST AS I CAN, AND TO A CERTAIN DEGREE, SOME OF THOSE THINGS ARE NOT GOING TO BE RIGHT, SO THEY'RE GOING TO BE TWEAKED AND ADJUSTED ANYWAY. AND THEN I ALSO SAID THAT I HAD NOT HAD LEGAL REVIEW IT YET. BUT IF COUNCIL WERE OF THE OPINION THAT THEY WANTED TO ADOPT IT, THEY COULD, AND THEN WE COULD JUST HANDLE THE CHANGES THROUGH, THROUGH VERSION CONTROL, SO -- AMENDMENTS TO THE POLICY, OR YOU COULD DELAY TAKING ACTION AND THAT WE WOULD, YOU KNOW, MAKE THE AMENDMENT, GET THE LEGAL REVIEWS, AND IT WILL COME BACK.
BUT THAT'S PROBABLY GOING TO TAKE AT LEAST ANOTHER MEETING OR
TWO, I GUESS. >> SO I'LL MAKE AN AMENDMENT TO THE MOTION THAT WE HOLD OFF, OR WE POSTPONE THIS VOTE UNTIL STAFF IS, OR STAFF AND LEGAL, AS WELL AS HEDC LEGAL, HAS HAD THE AMOUNT OF TIME, APPROPRIATE AMOUNT OF TIME TO REVIEW THIS,
THIS. >> AND THAT THE AN AMENDMENT, OR IS THAT CHANGING TOO MUCH FOR IT TO -- IT SEEMS LIKE THAT'S THE OPPOSITE MOTION. I WASN'T SURE IF THAT'S ALLOWED.
>> IS NOT ALLOWED? >> WHO MADE THE MOTION TO BEGIN WITH? THERE WAS A DEMOTION, WAS THERE?
>> IN ORDER TO DISCUSS IT, WE HAVE TO HAVE A MOTION.
>> IS A MOTION TO ACCEPT, AN AMENDMENT TO NOT ACCEPT.
>> THE AMENDMENT IS JUST TO ACCEPT IT, BUT HAVE HEDC --
>> NO, NO, HIS, HIS, HIS AMENDMENT IS TO POSTPONE IT.
>> NOT ACCEPT. IS THAT CORRECT, BRIAN? IS THAT CORRECT, BRIAN,
[02:45:06]
TO NOT ACCEPT? >> IT'S, IT'S TO POSTPONE UNTIL LEGAL AND STAFF HAS HAD AN OPPORTUNITY TO REVIEW IT.
>> IT WOULD HAVE TO BE UP TO THE MAKER OF THE MOTION AND THE
SECOND TO ACCEPT THAT. >> WHAT WE'RE SAYING IS, IS CAN YOU EVEN MAKE AN AMENDMENT LIKE THAT, BECAUSE IT'S --
>> SO AS I SAID IN MY AMENDMENT -- BUT NEVERMIND.
>> I HAVE A QUESTION. NOT, NOT TO, TO QUESTION CITY LEGAL OR EDC LEGAL, BUT WE DO HAVE A, A CONTRACT LEGAL DEPARTMENT. THINK CHAPMAN IS THE NAME. IS THERE ANY VALUE OF HAVING THEM LOOK AT THIS, NOT TO REWRITE, NOT TO, TO MAKE WHOLESALE CHANGES, BUT AS THE SCOPE SEEM APPROPRIATE TYPE OF REVIEW?
>> YEAH, I THINK THEY'RE GOING TO. THAT'S PART OF THE PLAN.
HE'S ACTUALLY -- >> QUESTION IS, IS WHAT LEGAL PERSON DO YOU WANT TO HAVE REDO IT? DO YOU WANT TO HAVE THE PERSON THAT'S HELPING WITH ALL THE CONTRACTING AND THINGS LIKE THAT DO THE LEGAL REVIEW, AND THEN HEDC LEGAL AND -- LEGAL WOULD JUST BE LOOKING AT WHAT THEY THE
>> WELL, WELL, LET ME, LET ME CLARIFY WHAT I'M SAYING. I'M SAYING, I'M, I'M, I'M NOT GETTING DISPARAGING ABOUT ANYONE, ANY LEGAL TEAM. IT'S JUST, RIGHT NOW, I UNDERSTAND THAT EDC LEGAL HAS BEEN PROMPTED WITH SOME, SOME REQUEST. I THOUGHT THAT AT SOME POINT IN TIME, CITY LEGAL WOULD ALSO REVIEW THIS. MY, MY QUESTION IS, TO COUNCIL AND STAFF'S INPUT, INCLUDING LEGAL, IS THAT IS THERE ANY VALUE FROM HAVING OUR CONTRACT ATTORNEY GROUP, CHAPMAN AND ASSOCIATES, I THINK, HAVING TO NOT, NOT TO REVIEW IT FROM A LEGAL DOTTING I, CROSSON T TYPE OF THING, BUT IS THE SCOPE APPROPRIATE? IS THERE ANYTHING THAT WE'VE LEFT OUT OR INCLUDED THAT MAY CAUSE ISSUES?
>> YEAH, I THINK THEY'RE, I THINK THEY'RE SUPPOSED TO. AND I THINK THE IDEA WAS THAT THE CITY LEGAL WOULD LOOK AT IT TO MAKE SURE IT DIDN'T VIOLATE MUNICIPAL LAW. THE EDC WOULD LOOK AT IT TO MAKE SURE HE DIDN'T VIOLATE WHATEVER THE CHAPTER FOR EDC'S IS. AND WHEN I CAME TO THE PROCESS, THAT WOULD BE THE CITY MANAGER. AND SO WHEN, WHEN I READ IT, IT'S, I THINK YOU PUT IT AFTER THE, PARTLY AFTER THE AUSTIN ONE.
>> YEAH, I, I DEFINITELY USE THAT AS A MODEL FOR SURE.
>> SO I READ THROUGH IT. WHAT I SEE IS --
>> WE'RE, WE'RE, WE'RE DOING A CONTRACT ONE WAY OR ANOTHER HERE IN A MONTH. AND SO WE'RE TRYING TO DEVELOP A POLICY AND HAVE EVERYBODY LOOK AT IT AT SOME POINT. IT'S GOING TO HAVE TO BE AMENDED, BECAUSE THERE'S THINGS THAT WE'RE NOT, WE STILL AMEND, WE'VE AMENDED OUR POLICY PROBABLY THREE TIMES AT OUR COUNSEL PROTOCOLS ON THE THEY GET AMENDED TWICE A YEAR. AND SO, BUT AT SOME POINT, WE HAVE TO ACCEPT A STARTING POINT TO GET PROJECTS GOING, AND THEN TO GO BACK AND, AND HIM AND THEN AS, AS THINGS HAVE COME UP. BUT --
>> SO LET ME, LET ME ASK A QUESTION THAT MIGHT HELP SOME PEOPLE, MAYBE. MAYBE NOT. TO THE CITY MANAGER, IF CITY LEGAL TELLS YOU THAT A PROVISION IN THIS DOES NOT , IS, IS NOT PERMITTED, ARE YOU GOING TO STILL IMPLEMENT THAT PROVISION,
>> STOPPED, AND THEN TELL US WE NEED TO UPDATE THE POLICY?
>> RIGHT. IT'S A POLICY. IT'S NOT --
>> YEAH, WE'RE NOT PASSING A LAW, WE'RE JUST PASSING -- NO DIFFERENT THAN WE SAY, HEY, YOU CAN SPEND UP TO $50,000, BUT THAT IF YOU COME BACK AND YOU BLOW $10,000 ON SOMETHING THAT WE THINK'S DUMB , BECAUSE WE GAVE YOU THE POWER TO DO $50,000, WE CAN STILL COME BACK AND QUESTION YOU ON THE $10,000.
SO WE'RE STILL GOING TO BE QUESTIONING THE CONTRACTS, WE'RE STILL GOING TO BE APPROVING THE CONTRACTS, IT'S STILL ALL WE'RE TRYING TO DO, THE POLICIES, I READ IT AS, WHO ON YOUR TEAM IS DOING WHAT IN WHAT ROLE? AND SO, FROM A LEGAL STANDPOINT, I DON'T KNOW THAT THE STATE LAW PROHIBITS MATT RECTOR FROM LOOKING AT A CONTRACT AND APPROVING IT. WE STILL ARE GOING TO LOOK AT IT. THE EDC'S STILL GOING TO LOOK AT IT. WE STILL HAVE -- LOCAL BETWEEN THE TWO GROUPS. THIS IS JUST, LIKE, STEP ONE OF HOW YOU ARE GOING TO IMPLEMENT ALL THIS STUFF.
>> RIGHT. JUSTLY, THE AGENDA ITEM, DISCUSSION, POSSIBLE ACTION REGARDING DEVELOPMENT OF A PROCESS FOR THE HEDC. SO WITH
THE DEVELOPING OF A PROCESS . >> AND WE'RE PASSING A PROCESS.
WE'RE APPROVING A PROCESS. WE'RE NOT -- IT'S, IT'S NO LONGER UNDERDEVELOPMENT. HE'S WRITTEN IT. THE VOTE IS TO PROVE THAT IS WHAT I'M HEARING. UNLESS I'VE MISUNDERSTOOD THE
MOTION. >> NO, THAT'S, YEAH, THAT'S THE MOTION TO APPROVE. IT'S HOW HE'S GOING TO DIRECT HIS PEOPLE
[02:50:01]
TO IMPLEMENT ROAD STUFF, BUT WE STILL HAVE TO APPROVE. TO ME, THIS IS ONLY STEP ONE OF PROBABLY 10.>> THIS IS THE, SO THIS IS THE FIRST STEP OF THE PROCESS.
>> YEAH, THE POLICY OF IT, YEAH.
>> ALL RIGHT. PLEASE CALL THE VOTE.
>> WHO WAS THE SECOND ON THE ORIGINAL MOTION?
>> THORNTON. >> THANK YOU. COUNCILMEMBER
>> COUNCILMEMBER GORDON? >> NAY.
>> COUNCILMEMBER THOMPSON? >> NAY.
>> COUNCILMEMBER KING? >> NAY.
>> COUNCILMEMBER PORTERFIELD? >> AYE.
>> MAYOR PRO TEM THORNTON? >> AYE.
>> MAYOR SNYDER? >> AYE. MOTION PASSES 4-3. NEXT
[13.4. Discussion and possible action on terminating the Interlocal Agreement Between the City of Hutto, Texas and the Hutto Independent School District dated January 25, 2024. (Mayor Snyder) ]
WE HAVE ITEM 13.4 , DISCUSSION AND POSSIBLE ACTION ON TERMINATING THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF HUTTO, TEXAS AND THE HUTTO INDEPENDENT SCHOOL DISTRICT DATED JANUARY 25TH, 2024. I'LL MAKE THE MOTION THAT WE TERMINATE THE INTERLOCAL AGREEMENT.>> SECOND. >> I HAD TWO QUESTIONS ON THIS.
I READ THROUGH A COPY OF THE INTERLOCAL AGREEMENT THAT I FOUND. I THOUGHT THAT THE INTERLOCAL AGREEMENT INCLUDED A LOT MORE THAN DEVELOPMENT STUFF, LIKE THE SHARING OF FACILITIES AND THAT. IS THAT IN THE INTERLOCAL, OR IS THAT, LIKE, A
SEPARATE DOCUMENT? >> SEPARATE.
>> THAT'S, THAT'S DIFFERENT THAN THIS? OKAY. AND THEN THE OTHER QUESTION THAT I HAD WAS, CAN WE UNILATERALLY TERMINATE? LIKE, WHAT'S THE -- I COULDN'T FIND A TERMINATION POLICY WHEN I WAS READING IT. SO, LIKE, HOW DOES THAT WORK? IF WE VOTE TO TERMINATE, THE ISD DOESN'T AGREE, DO THEY, LIKE -- IS IT ONE OF THOSE WHERE WE CAN JUST GIVE THEM NOTICE, AND THEN WITHIN 60 DAYS -- I WASN'T QUITE SURE WHAT THE AFFECT OF
THIS VOTE WOULD BE. >> WELL, THERE IS NO TERMINATION PROVISION. I THINK YOU WOULD, IF YOU VOTE TO TERMINATE, YOU WOULD SEND NOTICE TO THE SCHOOL DISTRICT THAT YOUR VOTING TO TERMINATE THE AGREEMENT, AND MAYBE JUST DO A LETTER AGREEMENT THAT THEY AGREED TO THE TERMINATION.
>> OKAY. AND IF THEY DON'T AGREE, THEN IT WOULD JUST BE, WE
HAVE TO FIGURE IT OUT LEGALLY? >> THEN THEY WOULD COME BACK AND SAY WHY THEY DIDN'T WANT TO TERMINATE CERTAIN PROVISIONS .
>> OKAY. GOTCHA. THANK YOU. >> YEAH, AND IF THEY DON'T, IF THEY -- I'D LOVE THEM TO COME BACK AND SAY THAT THEY DON'T WANT TO TERMINATE, BECAUSE I THINK IT'S A GOOD THING TO HAVE, BUT I'M TIRED OF ARGUING WITH THE ISD. I'M TIRED OF THE, IN MY MIND, THERE ARE CERTAIN PROVISIONS THEY'RE SUPPOSED TO MEET, AND THEY DON'T, AND THEN, IN THEIR MIND, THEY'RE TIRED OF THE CITY NOT FOLLOWING PROVISIONS, AND SO WE HAVE A DOCUMENT, NOBODY AGREES TO, ANYBODY'S FOLLOWING, AND SO SOMETIMES I THINK WE DID IT WITH OUR COUNCILMEMBER PROTOCOLS, REMEMBER WHEN WE TERMINATED THOSE?
>> YEAH, AND IT WAS, IT WAS SIMILAR. IT WAS FRUSTRATION.
THERE WAS A LOT OF FRUSTRATION. AND SO I MADE THE MOTION TO DO
IT. >> AND WHAT HAPPENED THAT GOT EVERYBODY TO COME BACK AROUND AND GO, OKAY, LET'S --
>> NO, I WOULD NOT AGREE WITH THAT, BUT --
>> WE CAME BACK, COME BACK AND PASS PROTOCOLS?
>> MAYBE -- >> WE DID, AFTER I REWROTE THEM.
>> MAYBE YOU SHOULD ADD TERMINATE AND SO THAT THE H ISD CAN FOLLOW UDC AS ANY OTHER DEVELOPER AS APPLIED TO THE SCHOOL. BECAUSE THERE'S CERTAIN THINGS YOU CAN'T MAKE A SCHOOL
DO, BUT. >> WELL, AND THAT'S, I DON'T THINK THAT NEEDS TO BE PART OF IT, BECAUSE THAT'S JUST MY INTENT. WITHOUT INTERLOCAL, I PERSONALLY FEEL THE INTERLOCAL GIVES THE ISD MORE THAN WHAT THE LAW ALLOWS THEM TO HAVE. BUT MAYBE I'M WRONG. AND SO WHETHER I'M WRONG OR RIGHT, THE BEST THING TO DO IS, IS INSTEAD OF HAVING ALL THIS GRAY AREA IN MY MIND IS, WE TERMINATE IT, THEY PUT THEIR THINGS THROUGH THE CITY AS THEY NORMALLY WOULD, THE CITY WOULD TREAT THEM LIKE THEY WOULD ANYBODY ELSE, AND THEY WOULD ALREADY MAKE THEM COME BACK FOR VARIANCES ON EVERYTHING THAT THEY DO, WHAT WE'RE TRYING TO WORK ON THAT. BUT THEN WE COULD REALLY DIFFERENTIATE THAT WE DON'T HAVE TO WORRY ABOUT WHO PICKED A SCHOOL SITE, WHO DIDN'T. I JUST, IT JUST, TO ME, IT'S JUST NOT WORKING. AND I THINK NOT SPEAKING FOR ANYBODY ON THE SCHOOL BOARD SPECIFICALLY, BUT I THINK, I THINK THEY'RE ON THERE IS JUST TONIGHT. AS A MATTER OF FACT. I DON'T KNOW THAT THEY HAVE SUPPORT TO CONTINUE WITH IT EITHER. I THINK IT'S --
>> I BELIEVE IT'S ON THERE AGAIN.
>> IS ON THEIR AGENDA. YEAH. YEAH.
>> WELL, HAVE A DISCUSSION. >> WELL, DISCUSSION BASED ON, DISCUSSIONS WE'VE HAD IN OUR, IN OUR MEETINGS, AND THEN
INDIVIDUALLY. >> WELL, MAYBE JUST, THEN, INCLUDE IN YOUR MOTION AND AUTHORIZE THE CITY MANAGER TO SEND NOTICE OF THE TERMINATION TO THE SCHOOL DISTRICT
PRESIDENT. >> YEAH, THAT'S FINE. OR
[02:55:02]
SUPERINTENDENT. >> ANY OTHER DISCUSSION?
>> I THINK THE -- IS SOMETHING THAT HAS STOOD IN THIS TOWN FOR A LONG TIME, PREDATES ME, AND I THINK THERE'S A LOT OF BENEFIT THAT COMES FROM, YOU KNOW, WORKING HAND-IN-HAND WITH THE SCHOOL DISTRICT. I HAVE A GOOD RELATIONSHIP WITH THE SCHOOL DISTRICT. I'M NOT SURE, YOU KNOW, OTHER PEOPLE MIGHT ESCAPE RELATIONSHIPS, BUT I THINK THIS IS SOMETHING THAT WOULD BE A MAJOR BLOW TO THIS TOWN, AND SO I WON'T BE VOTING FOR THIS, BUT I HOPE WE CAN FIND SOME SORT OF CONSENSUS MOVING FORWARD, WORKING HAND-IN-HAND WITH THE ISD.
>> ALL RIGHT. PLEASE CALL THE VOTE.
>> COUNCILMEMBER GORDON? >> NAY.
>> COUNCILMEMBER KING? >> AYE.
>> COUNCILMEMBER MORRIS? >> AYE.
>> MAYOR PRO TEM THORNTON? >> NAY.
>> COUNCILMEMBER THOMPSON? >> NAY.
>> COUNCILMEMBER PORTERFIELD? >> AYE.
[13.5. Consideration and possible action on Resolution No. R-2025-339 affirming City Council's commitment to maintaining or lowering residential water and wastewater rates.(Mayor Snyder & Councilmember King)]
>> MOTION PASSES 4-3 . NEXT WE HAVE ITEM 13.5, CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R-2025-339 AFFIRMING CITY COUNCIL'S COMMITMENT TO MAINTAINING OR LOWERING RESIDENTIAL WATER AND WASTEWATER RATES. I'LL MAKE A MOTION TO APPROVE RESOLUTION NUMBER R-2025-339 AS PRESENTED.
>> YEAH, I JUST WANTED CLARIFICATION. SO IN THE RESOLUTION SECTION 2 UNDER THE NOW THEREFORE'S, I JUST WANTED TO READ IT. IT SAYS THAT THE, NOW THEREFORE THAT THE CITY OF HUTTO, I'M SORRY, THE HUTTO CITY COUNCIL HEREBY DIRECTS THE CITY MANAGER TO PREPARE AND PRESENT POLICY RECOMMENDATIONS, OPERATIONAL DECISIONS, AND BUDGETARY ITEMS IN A MANNER THAT PRIORITIZES MAINTAINING OR LOWERING WATER AND WASTEWATER RATES FOR THE HUTTO RESIDENTS. FOR EACH RECOMMENDATION BROUGHT BEFORE THE CITY COUNCIL, STAFF WILL COMMUNICATE THE ANTICIPATED IMPACT, POSITIVE OR NEGATIVE, ON CURRENT AND FUTURE WATER AND WASTEWATER RATES. SO I JUST WANTED TO ASK THE CITY MANAGER, FOR MY UNDERSTANDING, REALLY, THE ONLY CHANGE HERE IS JUST MORE COMMUNICATION TO, KIND OF GIVING US MORE BACKGROUND AS TO YOUR DECISIONS THAT YOU'RE MAKING ALREADY ? IT DIDN'T STRIKE ME THAT, THAT WE'RE ASKING TO DO ANYTHING VASTLY DIFFERENT THAN WHAT YOU'RE DOING TODAY, BUT THAT YOU'RE JUST HELPING US UNDERSTAND KIND OF THE, SEE BEHIND THE CURTAIN AND SEE HOW YOU'RE MAKING SIMILAR DECISIONS, IS THAT
RIGHT? >> YEAH. COUNCILMEMBER , I HAVEN'T DONE THIS TONIGHT AT ALL. I'M SORRY. JAMES, OUR CITY MANAGER, FOR THE RECORD. I APOLOGIZE.
>> THAT'S WHO YOU ARE. >> YEAH, THAT IS WHO I AM. NOW THE MINUTES CAN BE COMPLETE. YES, FOR THE MOST PART, WHAT WAS ASKED IN THIS, IN THIS RESOLUTION ENCOMPASSES THE THINGS THAT, THAT WE DO AS A STAFF, TRYING TO IDENTIFY WAYS TO MITIGATE INCREASES TO UTILITY RATES. THE THING THAT I SEE THAT IS DIFFERENT ABOUT THIS THAN WHAT WE CURRENTLY DO IS NOW IT, IT SEEMS TO ME THE DIRECTION IS FOR THAT, FOR THOSE CONVERSATIONS AND THOSE DECISIONS TO BE BEING BROUGHT BEFORE COUNCIL OR PAIRED WITH COUNCIL REGULARLY. SO IF I, IF I, A CITY MANAGER, SAY, HEY, WE'RE GOING TO DO A HIRING FREEZE IN THE UTILITY SO WE CAN, YOU KNOW, SO WE CAN SAVE OPERATING EXPENSES, THEN BEFORE, I WOULD'VE JUST DONE THAT. NOW I WILL SHARE THAT INFORMATION. WHENEVER WE ARE BUDGETING, I WOULD BE LOOKING AT, CAN WE GET THAT PROJECT PAID FOR BY A DEVELOPER, THAT SORT OF STUFF. NOW I'LL JUST BE COMMUNICATING THAT STUFF SPECIFICALLY, SO THAT WAY THERE'S ADDITIONAL ASSURANCES THAT WE'RE DOING EVERYTHING THAT WE CAN TO, TO MITIGATE INCREASES TO THE WATER AND WASTEWATER RATES.
>> OKAY. THANK YOU. YEAH. I LIKE THAT. I THINK THIS IS, THIS IS GREAT. I THINK IT REALLY HELPS INFORM, YOU KNOW, NOT ONLY US, BUT IT HELPS INFORM THE PUBLIC SO THAT THEY KIND OF UNDERSTAND AND SEE THE PROCESS THAT GOES THROUGH. I MEAN, YOU KNOW, I THINK WE'LL HAVE A LOT BETTER IDEA OF WHAT WE'RE REALLY VOTING ON YEAR AFTER YEAR AS WE HAVE THAT BETTER UNDERSTANDING, SO, YEAH, I, I KIND OF APPRECIATE THIS, AND LIKE THAT
IT'S COME FORTH. >> SO I COMMUNICATED, WE WERE TALKING ABOUT THIS, PEOPLE , LIKE, YOU'RE JUST DOING THIS FOR POLITICAL PURPOSES, LIKE, THERE'S NO, WHY, WHY EVEN DO THIS? AND I SAID, WELL, TO ME, THIS IS ALL -- BEFORE, WHEN WE'RE DEBATING UP HERE BACK AND FORTH, ARE WE GOING TO RAISE TAXES, ARE WE NOT GOING TO RAISE TAXES? WELL, THEN WE COME OUT AND PASS A RESOLUTION SAYING, OKAY, WE'RE NOT GOING TO RAISE TAXES. AND SO TO ME, THAT SENDS DIRECTION TO THE CITY MANAGER, TO THE COUNCIL THAT THIS AUGUST, WE'RE NOT GOING TO RAISE TAXES, MORE THAN LIKELY. AND SO THEN STAFF STARTS WORKING, EVERYBODY'S WORKING TOWARDS ONE GOAL. SO I THINK THE SAME WAY WITH THIS, IF, IF THE INTENTION IS, LOOK, JUST LIKE NOT RAISING TAXES, WE'RE NOT RAISING WATER RATES GOING FORWARD, THEN THE NEXT TIME A DEVELOPER COMES IN AND SAYS, HEY, I'D LIKE TO HOP
[03:00:04]
OUT OF THIS CCN AND COME INTO YOUR CCN, AND BLAH BLAH BLAH, THEN JAMES AND HIS STAFF CAN LOOK AND GO, OH, HERE'S THE PROBLEM. WE HAVE JUST ENOUGH WATER FOR OUR CCN. IF WE DO THAT DEAL, WE'RE GOING TO BE 500,000 GALLON SHORT IN 15 YEARS, AND THEN THEY'RE GOING TO RUN THE NUMBERS AND COMMUNICATE THAT TO US, AND HYPOTHETICALLY, IF YOU GUYS APPROVE THIS, JUST SO YOU KNOW, WE GET THIS BENEFIT IN TAXES, BUT WE'RE GOING TO RUN SHORT ON WATER COMING UP, OR THIS IS GOING TO COST US $10 MILLION TO PUT A WASTEWATER LINE IN. AND THEN I THINK IT ALSO SENDS A MESSAGE TO THE COUNCIL THAT WE, AS A COUNCIL, START FOCUSING ON PROJECTS THAT REDUCE WATER, THE POTENTIALLY REDUCE WATER RATES, HOW WE, HOW WE DISCUSSED WITH DEVELOPERS AND THINGS, LIKE WE HAD A MEETING TODAY WITH THE DEVELOPER, AND THEY HAD SOME GOOD IDEAS, BUT FOR ME, IT WAS KIND OF LIKE, WHAT'S IN IT FOR HUTTO? AND THEY SAID SOMETHING LIKE, EVERYBODY'S GOING TO WANT OUR PROJECT, AND I READ OFF SOME OF OUR COMMENTS FROM THE CITY POST, AND I WAS LIKE, PEOPLE WANT TRAFFIC -- SO YOU'RE GOING TO CREATE TRAFFIC? I DON'T KNOW IF EVERYBODY'S GOING TO BE EXCITED FOR YOU, SO COME BACK WITH SOMETHING THAT'S GOOD FOR HUTTO. AND SO THAT'S WHAT I SEE OUT OF THIS IS IT DOESN'T MEAN WATER RATES WILL GO UP . IT JUST MEANS I THINK EVERYBODY ON STAFF IS ON NOTICE. DON'T COME UP HERE ASKING TO RAISE WATER RATES NEXT YEAR. YOU GOT BASICALLY 11 MONTHS TO FIGURE OUT SOME PLAN TO NOT RAISE THEM . NEXT YEAR, THE YEAR AFTER, AND THE YEAR AFTER, AND MAYBE EVEN LOWER THEM A LITTLE BIT. AND THEN WHEN WE START MAKING DECISIONS, I'LL FOCUS ON THAT. THEN MAYBE WE'LL DO -- ERIN AND I TALKED A LOT, SO I'LL GIVE YOU, I DON'T WANT TO BE AN INFLUENCER HERE. I'LLLET YOU -- >> NO, I MEAN -- GO AHEAD.
>> SO, CITY MANAGER, IF RATES ARE TO BE MAINTAINED, OR EVEN LOWERED, WHAT, WHAT ALTERNATIVE REVENUE STRATEGIES ARE, WHAT PROPOSED FUNDING MECHANISMS CAN WE LOOK AT THE FUND SYSTEM UPKEEP ? I KNOW THAT'S PROBABLY A LOADED QUESTION OFF THE TOP OF YOUR HEAD, BUT, YOU KNOW, WHAT, WHAT ARE SOME, WHAT ARE SOME
THOUGHTS AROUND THAT? >> SO THANKS FOR THE QUESTION, COUNCILMEMBER. GENERALLY SPEAKING, SO WHAT WE HAVE ALREADY SHARED WITH COUNCIL IS THAT RATES ARE EXPECTED TO GO UP NEXT YEAR, AND THE NEXT THREE YEARS AFTER THAT. AND THAT IS BASED OFF OF THE, THE WORK SCHEDULE THAT WE ALREADY HAD PUT TOGETHER, THE CIP'S THAT WE NEED TO GET BUILT, AND THEN THE DEPTH SCHEDULES OF WHAT WE NEED TO PAY FOR, ALONG WITH THE OPERATIONAL EXPENSES OF THE NEW WATER SUPPLY COMING ONLINE IN JANUARY, FEBRUARY. SO, SO WE ALREADY KNOW THAT THOSE INCREASES ARE COMING, AND WE MADE ASSUMPTIONS ON NEW CONNECTIONS AND THAT SORT OF STUFF. THE AREAS THAT ARE AVAILABLE FOR US TO LOOK TO ARE THE AREAS THAT I THINK Y'ALL WOULD KNOW ABOUT, BUT FIRST AND FOREMOST, IT WOULD BE DEVELOPER CONTRIBUTIONS. SO NEW DEVELOPMENT COMES IN, IT'S A CIP PROJECT IS ON OUR LIST, AND FORTUNATELY FOR US, IF IT'S A CIP PROJECT AND THE DEVELOPER'S GOING TO BUILD IT, WE HAVE TO CREDIT THEM THEIR IMPACT FEES, WHICH MEANS THAT THE REVENUE SOURCE WE'RE NOT GETTING. BUT IF THEY BUILD IT AND WE DON'T HAVE TO ISSUE DEBT OR SOMETHING LIKE THAT, THAT'S SOMETHING THAT WOULD, THAT, THAT WOULD OR SHOULD RESULT IN A REDUCTION OF, OF ADDITIONAL FEES. THE NEXT THING WOULD BE THE, THE GROWTH OF THE TAX INCREMENT REINVESTMENT ZONE VALUE, PARTICULARLY AT THE MEGA SITE, BECAUSE THERE IS A LOT OF MAROONED, I'M GOING TO USE THAT TERM, MAROONED INFRASTRUCTURE EXPENSE THAT HAS, THAT WAS PUT IN PLACE SO THE MEGA SITE CAN BE DEVELOPED. THAT THOSE OF US THAT PAY WATER OR WASTEWATER RATES IN HUTTO ARE HAVING TO COVER THE COST OF THAT SO THAT THE PROPERTY CAN DEVELOP. BUT ONCE IT DEVELOPS, AND ONCE THERE ARE PROJECTS IN THERE, THEN, IN MY MIND, THOSE, THOSE, THE DEBT THAT'S ASSOCIATED WITH THOSE INFRASTRUCTURE PROJECTS SHOULD BE CARVED OUT AND PAID FOR BY THE DEVELOPMENT THAT'S THERE, WHETHER THAT BE FOR THE LAND CELLS THROUGH THE EDC PARTICIPATING WITH -- BACK OVER, WHETHER THAT BE FOR, YOU KNOW, US APPLYING THE CAPITAL RECOVERY FEES ON THE PROPERTIES. THERE'S DIFFERENT THINGS TO BE DONE INSIDE THE, THE TOURS. AND THEN THE TOURS VALUE ITSELF BEING ABLE TO PUT TOWARD, YOU KNOW, REDUCING THE, THE DEBT REQUIREMENTS. THE OTHER THING THAT, SO THOSE ARE THE TWO, THOSE ARE THE TWO EASIEST ONES.
THE, THE BIGGEST RISK THAT WE TAKE IS THAT THE, THE, THE GROWTH OF NEW ACCOUNTS DOESN'T HAPPEN AS, AS BULLISH LEE AS WE
[03:05:03]
ANTICIPATED IN OUR PROJECTIONS, WHICH MEANS THAT WE DON'T HAVE, WE DON'T HAVE AS MANY NEW PEOPLE SHARING THE COST BECAUSE THE COST OF THIS. SO THE MORE PEOPLE THAT THERE ARE TO SHARE THIS, THE, THE LOWER EACH INDIVIDUAL HAS TO PAY. THAT, THAT'S JUST HOW IT WORKS. WATER AND, AND WASTEWATER, PARTICULARLY IN OUR UTILITY, IS NOT GENERALLY A PROFIT CENTERED.IT IS PRETTY MUCH A COST OF SERVICE CENTER. NOW, THAT DOESN'T MEAN IT CAN'T RUN AT A PROFIT, BUT PROFITS FOR UTILITIES IN TEXAS ARE GENERALLY, ARE GENERALLY CAPPED AT NO MORE THAN 8% RETURN. SO THAT MEANS YOU, YOU'RE BASICALLY GENERATING 8% MORE THAN WHAT IT'S COSTING YOU TO DELIVER THE SERVICE. THAT'S NOT REALLY THE CASE FOR US. WE'RE
AT, WHAT, NEARLY ZERO. >> YOU'RE ESTIMATING THE COST OF SERVICE IS GOING TO HAVE TO GO UP JUST BASED ON THE CIP PROJECTS THAT WE HAVE CURRENTLY ON THE DOCKET, CORRECT?
>> YEAH. EFFECTIVELY, EFFECTIVELY THE CIP PROJECTS THAT, THAT WE'VE IDENTIFIED THAT ACTUALLY NEED TO GET BUILT.
SO IT'S NOT THE ONES THAT ARE, YOU KNOW, 10, 15, 20 YEARS OUT, ANYTHING LIKE THAT. IT IS THE ONES THAT WE'RE ACTUALLY EITHER ACTIVELY BUILDING RIGHT NOW, OR ARE EXPECTED TO NEED TO BE BUILT WITHIN THE NEXT THREE OR FOUR YEARS. SO --
>> SO THIS RESOLUTION IS BASICALLY NULL AND VOID CONSIDERING THE FACT THAT THEY HAD TO GO UP IN ORDER TO MAINTAIN WHAT WE CURRENTLY HAVE ON OUR CIP, CORRECT?
>> NO. I, I DON'T SEE IT THAT WAY. I SEE IT THIS WAY. WE TOLD YOU THAT THE EXPECTATION IS THAT THE RATES WILL NEED TO GO UP WITH A NUMBER OF PROJECTIONS, BUT THE DIRECTION IS, DO EVERYTHING YOU CANNOT HAVE THE RATES GO UP, AND, AND YOU'VE ASKED ME FOR, LIKE, SOME IDEAS OF HOW WE WOULD DO THAT. I'VE GIVEN YOU TWO. THERE ARE PROBABLY OTHERS. BUT THAT'S EFFECTIVELY WHAT WE'LL BE LOOKING FOR. PUBLIC-PRIVATE PARTNERSHIP OPPORTUNITIES, ALTHOUGH THAT'S A LOADED GUN, BECAUSE IT HELPS US ON AN EXPENSE BUT IT HURTS US ON THE REVENUE SIDE. THE, THE DEVELOPMENT OF VALUE AND THE, AND TERZ NUMBER 3, AND THE TAX INCREMENT REINVESTMENT ZONE WHERE THE MEGA SITE IS IS, IS A OPPORTUNITY BECAUSE THERE'S PROBABLY $30 MILLION OF UTILITY PROJECTS THAT ARE DIRECTLY TIED TO THAT PROPERTY. WE DID GET THAT DEBT SERVICE PAID FOR BY THOSE PROJECTS , THEN THAT MEANS THE REST OF US THAT ARE CURRENTLY PAYING FOR THAT DEBT SERVICE DON'T HAVE THE, WHICH MAY MEAN THAT OUR RATES ARE ABLE TO STABILIZE RIGHT NOW.
>> CAN I -- AN EXAMPLE? >> SURE.
>> SO NINE MONTHS AGO, THE EDC WENT OUT, MADE A STATEMENT THAT, OH, WE'VE ONLY SPENT $20 MILLION ON THE MEGA SITE FOR INFRASTRUCTURE. THAT'S ONLY SPENT AND THAT I WAS CRAZY. AND
I KEPT SAYING -- YEAH. >> I SAID YOU'RE NOT COUNTING WATER AND WASTEWATER. AND SO WHAT I'D LIKE TO SEE IS, HOW MUCH MONEY'S BEEN SPENT ON COTTONWOOD LAND THAT THE EDC HAS, MEGA SITE LAND THE EDC OWNS, AND WHAT IS THE DEBT SERVICE ON THAT? AND IF ALL OF A SUDDEN THEY SOLD $50 MILLION IN LAND AND PAID FOR THE INFRASTRUCTURE THAT WAS ON THEIR LAND, WHAT DOES THAT DO TO THE SYSTEM? BECAUSE WHAT WE, THIS IS WHAT I'VE TOLD. AND TELL ME IF I'M WRONG IN THIS. THE EASIEST THING TO DO EVERY YEAR, AND I'M NOT KNOCKING YOU GUYS, BUT THE EASIEST THING IS FOR STAFF TO COME UP AND SAY, WE'VE GOT TO BUMP WATER BY FIVE DOLLARS A MONTH, AND COUNCIL TO SAY, OKAY.
THAT'S THE EASY ROAD. AND THAT'S WHAT I FEEL LIKE WE'VE BEEN TAKING. THE HARDER ROAD IS, WE GOT A $26 MILLION LANDFILL COMING UP ON THE MEGA SITE. HOW MUCH MONEY ARE THE CURRENT RATEPAYERS PAYING IN THEIR WATER BILLS FOR INFRASTRUCTURE THAT WENT TO ANOTHER ENTITY? BECAUSE WE WOULDN'T GO AND SPEND $40 MILLION IN INFRASTRUCTURE FOR JOE BLOW DEVELOPING COMPANY, RIGHT? BUT WE DID THAT FOR THE EDC IN AN EFFORT TO DIVERSIFY THE TAX BASE AND LOWER IT. AND SO, TO ME, WHEN THEY BENEFIT, THE TAXPAYER NEEDS TO BENEFIT, AND, AND WE CAN REDIRECT AND RUN SOME MODELS AND START LOOKING AT THINGS. SO I THINK THERE'S A LOT OF OPPORTUNITY. I THINK, RIGHT NOW, YOUR PRODUCTION THAN OUR PROJECTIONS, BECAUSE WE APPROVE THEM, RIGHT? WAS, HERE'S THE THREE YEARS, WE DIDN'T TAKE INTO ACCOUNT TIRZ MONEY, WE DIDN'T TAKE INTO ACCOUNT EDC SALES MONEY , SO THERE'S A WHOLE LOT -- BUT I CAN'T, BECAUSE I KNOW I HAVE NO
IDEA OF KNOWING WHAT THAT IS. >> RIGHT. AND SO WE ARE NOW TO SAYING, YOU GUYS NEED TO FOCUS ON ALL THAT. WE AS A COUNCIL NEED TO FOCUS ON ALL THAT, AND WE NEED TO START PAYING ATTENTION MORE TO WHAT WE'RE DOING SO THAT WE DON'T HIT THE EASY BUTTON, BECAUSE HYPOTHETICALLY, IT WON'T BE
HERE NEXT YEAR. >> YEAH, I, I WOULD SAY, IN THAT RESPONSE, AND KIND OF TYING BACK TO COUNCIL MEMBER THOMPSON'S ORIGINAL QUESTION, IS THAT, AND I, AND I ACTUALLY RECOGNIZE THE FACT THAT JUST SAYING, HEY, WE NEED TO RAISE RATES IS EASY, BUT I DON'T I DON'T WANT TO LET THAT SIT IN THE, IN THE, I
[03:10:02]
DON'T WANT TO LET THAT SIT AS IT IS, BECAUSE THAT'S ACTUALLY, WHAT WE HAVE BEEN DOING IS WHAT YOU ARE, BASICALLY, AS A COUNCIL, CONSIDERING AND TALKING ABOUT RIGHT NOW. THE EASY BUTTON WOULD'VE BEEN FOR ME TO COME BACK AND SAY, RATES NEED TO GO UP $45. BUT THREE YEARS AGO, I STARTED REDUCING EXPENSES, I STARTED FREEZING NEW POSITIONS. THIS LAST YEAR I CUT POSITIONS OUT TO LOWER OPERATING EXPENSES. LIKE, I'VE BEEN, SO WHEN WE GOT TO, AND I KNOW IT'S NOT, YOU KNOW, IT WASN'T EXCITING OR POPULAR OR FUN. SO WHEN WE GOT DOWN TO, YOU KNOW, AN $11 NUMBER, THAT WAS AFTER I HAD ALREADY CARVED IT ALL THE WAY DOWN TO THAT NUMBER. SO, SO WE AREN'T DOING THAT, AND WE WILL DO THAT. SO AS WE START TO GET A BETTER IDEA OF LAND CELLS AND, AND TIRZ GROWTH, THEN I CERTAINLY AM GOING TO BE RECOMMENDING IN THE BUDGET THAT WE SHIFT THOSE DOLLARS TO PAY FOR THESE UTILITY PROJECTS. IT'S JUST NOW THAT CONVERSATION WILL START HAPPENING KIND OF MORE ORGANICALLY AS IT HAPPENS OVER TIME, RATHER THAN IT BEING SOMETHING THAT I'M DOING, BUT Y'ALL AREN'T NECESSARILY AWARE OF, AND I COME TO YOU AND SAY, HEY, WE NEED FIVE DOLLARS A MONTH, YOU'RE LIKE, WELL, YOU NEED TO GO SAVE SOME MONEY, I LIKE, WELL, I'VE ALREADY SAVED ALL THE MONEY I CAN SAVE, YOU KNOW? SO.>> YEAH, I UNDERSTAND YOU CORRECTLY SAYING YOU CUT
POSITIONS DUE TO -- >> I CUT VACANT POSITIONS. I DIDN'T LAY ANYBODY OFF OR FIRE THEM, BUT YES. WE HAD VACANT POSITIONS IN THE UTILITY THAT I, I DEFUNDED THIS BUDGET YEAR. IT WAS PART OF THE FTE REDUCTION. REMEMBER, I DID, I ADDED SEVEN, BUT I REDUCED FIVE, AND THREE OF THOSE POSITIONS, I THINK, WERE OUT OF THE UTILITY. AND I DID THAT TO COST CONTAIN, BECAUSE, BECAUSE A POSITION IS A RECURRING EXPENSE THAT JUST CONTINUALLY BECOMES MORE AND MORE EXPENSIVE OVER TIME. SO I KNEW THAT WE WERE ALREADY REACHING A PINCH POINT WITH THE, WITH, YOU KNOW, WITH THE EXPENSES AND THE UTILITY FUND, AND THAT WAS A WAY FOR ME TO HELP COST CONTAIN.
>> AND THOSE CUT POSITIONS, DOES THAT MEAN MORE WORK HAS TO BE TAKEN ON BY CURRENT EMPLOYEES, OR WAS THOSE JOBS JUST NOT EVEN
BEING DONE? >> THOSE WERE POSITIONS THAT WE HAD NOT FILLED, AND THEY WERE POSITIONS THAT WOULD HAVE INCREASED OUR CAPABILITIES, BUT , BUT NO, IT'S, I, IT WOULDN'T BE ACCURATE TO SAY THAT THAT DOESN'T MEAN MORE WORK FOR OTHER PEOPLE, BECAUSE THOSE ARE THINGS THAT STILL NEED TO HAPPEN, BUT IT'S NOT ALSO SAYING THAT IT WAS, IT WAS A, LIKE, A DRAMATIC REDUCTION IN SERVICE CAPABILITY OR SOMETHING LIKE THAT. LIKE, ONE OF THEM WAS THE, WAS THE SUPERINTENDENT, AND NOBODY IN HERE KNOWS WHAT -- IS, AND THAT'S PERFECTLY OKAY. BUT THAT'S THE, THAT'S THE SYSTEM THAT MANAGES AND MONITORS ALL THE WATER AND WASTEWATER SYSTEMS. THAT WAS ONE OF THE POSITIONS. WE REALLY NEED TO BE DOING THAT, AND WE NEED TO BE DOING IT WELL, BUT ARGUABLY, WE DON'T EVEN HAVE ALL THE SYSTEM IN PLACE THAT WE NEED FOR THAT TO BE FULLY FUNCTIONAL. SO, SO NO -- BUT SO DO YOU HAVE MORE EXAMPLES LIKE THAT, LIKE, WHERE WE SHOULD BE DOING SOMETHING? BECAUSE WE JUST HEARD, LIKE, A.D.A. COMPLIANT, THAT'S NOT SOMETHING THAT WE DO. AND SO IS THERE OTHER, IS THERE OTHER EXAMPLES OF THAT, OR IS THAT, WAS THAT JUST A ONE-OFF ALL TO, YOU KNOW, KEEP OUR WATER RATES
LOW? >> YEAH, THERE'S A NUMBER OF THINGS THAT WE SHOULD BE DOING THAT -- IT, IT, LET ME REPHRASE THIS. IF WE WERE A, A, A HIGHLY FUNCTIONAL, FULLY PROFESSIONAL UTILITY, THERE ARE THINGS THAT WE WOULD BE DOING THAT WE'RE NOT CURRENTLY DOING . THAT'S NOT THE SAME THING IS -- BUT
UNDERSTOOD. >> YEAH. THAT'S NOT THE SAME THING AS SAYING THAT, WE'RE NOT DOING STUFF THAT WE NEED TO BE
DOING. SO. >> GOTCHA. THANK YOU.
>> YEAH, YOU'RE WELCOME. >> ALL RIGHT, PLEASE CALL THE
>> COUNCILMEMBER PORTERFIELD? >> AYE. TRANSLATE
>> AYE. >> COUNCILMEMBER KING?
>> MAYOR PRO TEM THORNTON? >> AYE.
>> COUNCILMEMBER THOMPSON? >> NAY.
>> MOTION PASSES 6-1 ALL RIGHT, MOVING ON TO EXECUTIVE SESSION .
LET ME ASK THIS, 14.1 A. DOES THAT NEED TO GO INTO EXECUTIVE? DOES ANYBODY HAVE ANY LEGAL QUESTIONS? CITY OF HUTTO
LAKESIDE MUD -- >> WE, WE CAN GIVE YOU A BRIEF UPDATE IN OPEN SESSION IF YOU WANT TO.
>> YEAH, THAT WOULD BE GREAT. >> OKAY.
>> B. IS THERE ANYTHING WE NEED TO GO IN THE BACK, LEGAL FOR THE FOURTH AMENDMENT OF THE STAR RANCH?
>> IS THAT READY TO GO? DID WE --
>> MAYOR, COUNCIL, EXECUTIVE DIRECTOR OF COMMUNITY SERVICES,
[03:15:04]
FOR THE RECORD. 14.1 B, WE, WE, AS IN OUR LEGAL TEAMS BETWEEN THE CITY OF HUTTO AND STAR RANCH, SORRY, EVERYTHING'S -- TOGETHER AT THIS POINT. IT'S GETTING A LITTLE BIT LATE. WE'VE REACHED A NEGOTIATED AGREEMENT. IN ESSENCE, THE END UDY STILL NEEDS TO REVIEW THAT AGREEMENT. SO THEY ARE SET TO REVIEW IT ON DECEMBER 9TH, AND I HAD PLANNED TO PUT THIS ON THE SECOND AGENDA IN DECEMBER ON CONSENT. SO IF THERE WERE ANY ISSUES THAT Y'ALL HAD SEEN IN THE CONTEXT OF THE DOCUMENT ITSELF WE WOULD NEED TO KNOW THAT NOW SO WE CAN GO BACK TO THEM BEFORE THEY GO BEFORETHEIR BOARD ON 12/9. >> FROM A LEGAL STANDPOINT, WE DON'T, DOES ANYBODY HAVE ANYTHING? OKAY. WHAT ABOUT C? HUTTO AND LENNAR HOMES. IS THERE ANY LEGAL QUESTIONS ON THAT ONE? WE'RE GOING TO BE DONE BY 10:30. E? IS THERE ANY LEGAL QUESTIONS FOR REPEAL IN RESOLUTION WITH THE ALORA PARKLAND? ALL RIGHT. WHAT ABOUT E -- THAT'S PROBABLY GOT TO GO ON THE BACK THERE, WITH THE ESD?
>> YES. >> OKAY. SO HERE'S WHAT WE'LL DO. IF IT'S OKAY, WE'RE GOING TO KNOCK OUT --
>> ON, ON, D, WE HAVE A PUBLIC COMMENT.
>> SO IF IT'S OKAY, WE'LL GO AHEAD AND KNOCK OUT 14 .1 A THROUGH D, AND THEN WE'LL GO INTO THE EXECUTIVE DECISION FOR
E AND 14.2 AND 14.3. >> THE 14.1, WE'VE DONE RESOLUTIONS FOR, BUT WE WOULD TAKE THEM UNDER 15.1.
>> YEAH, I WOULD JUST DISCUSS THEM HERE. THAT WAY -- ALL RIGHT. 14.1 A, THE FIRST AMENDMENT -- WASTEWATER AGREEMENT BY AND BETWEEN THE CITY OF HUTTO AND LAKESIDE
M.U.D. NUMBER 9. >> YOU SEE THAT AGREEMENT BEFORE, AND THEN THE -- TIRZ -- M.U.D. DISTRICT NUMBER 9 PASS THE AGREEMENT. HOWEVER , BASED ON OUR ACTIONS LAST TIME WITH THE FIRST AMENDED TO THE CONSENT AGREEMENT, WE HAD TO JUST REWORD SOME OF THE PROVISIONS IN THERE. SO IT'S JUST A MINOR, MINOR CHANGES. THEY'RE GOING TO BRING IT BACK TO THEIR BOARD IN EARLY DECEMBER, AND WE'LL BRING IT BACK TO COUNCIL ON DECEMBER
20TH. >> OKAY, SO IT CAN JUST BE A
CONTENT ITEM THEN. >> CORRECT.
>> WELL, YEAH. YOU'RE NOT GOING TO DO ANYTHING OTHER THAN
CONSIDER IT ON DECEMBER 20TH. >> OKAY. ANYBODY HAVE ANYTHING
FOR THAT ONE? >> I'M SORRY, DOTTIE, IS THAT
STUFF DIFFERENT FROM 15.2? >> 15 --
>> THAT ONE WOULD'VE BEEN 15.2.
>> IT WOULD'VE BEEN -- YEAH, NO, 15.2. YEAH. SORRY, SORRY, YEAH. SO THAT'S GOING TO BE POSTPONED TO DECEMBER 20TH.
YEAH. >> OKAY. 14.1 B, THE FOURTH AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUTTO AND DEVELOPMENT LIMITED FOR THE DEVELOPMENT KNOWN AS STAR RANCH. THAT IS JUST -- IF I UNDERSTAND THAT'S RIGHT, THAT IS JUST A REQUEST. THEY'RE REQUIRED TO BUILD THE ROAD WITHIN A CERTAIN TIMEFRAME, BUT THE ROAD IS A
ROAD TO NOWHERE AT THIS POINT. >> CORRECT.
>> AND ALL THEY'RE ASKING IS THE SAME REIMBURSEMENT FOR THE ROAD, JUST THAT WE MOVE THE DEADLINE OUT A FEW YEARS BECAUSE BUILDING IT NOW, IT SERVES NO PURPOSE.
>> CORRECT. AND THAT PORTION OF THE ROAD, ON EITHER SIDE OF IT IS ESSENTIALLY, I BELIEVE THE, THE NORTH SIDE OF THAT TRACT IS SLATED FOR SOME SORT OF RESIDENTIAL WITHIN THE M.U.D., BUT IT'S BEEN DELAYED BECAUSE OF CAPACITY ISSUES WITHIN THE M.U.D.. THERE'S NOTHING CONNECTING TO THE END OF THAT ROAD. THERE'S A ON EXHIBIT IN YOUR PACKET THAT SHOWS, I BELIEVE, THE PORTION OF THE ROAD THAT IS ALREADY BUILT IS YELLOW, THE PORTION THAT IS TO BE BUILT IS READ. SO WE'RE, WE'RE LOOKING AT IS THAT ROAD WAS TO BE COMPLETED WITHIN THE TIMELINES THAT ARE CURRENTLY SLATED, WE WOULD HAVE QUITE A BIT OF A, A DEAD-END AREA THAT WOULD GO NOWHERE , AND JUST BASED ON PRIOR EXPERIENCE, AND THEY HAD SOME DISCUSSIONS WITH THIS WITH OUR PREVIOUS DEVELOPMENT DIRECTOR, WORRIES ABOUT DUMPING, LOITERING, THOSE TYPES OF THINGS. THE COMMERCIAL ASPECT ON ALL OF THOSE INCENTIVES IS BUILT OUT, SO WE'RE NOT LOSING ANYTHING ON THAT END. THOSE ARE QUESTIONS THAT I ASKED AS WELL. BUT IF YOU HAVE ANY OTHER QUESTIONS, I'D
BE HAPPY TO FACILITATE THOSE. >> QUESTIONS, ISSUES, CONCERNS?
>> AND WE DID PREPARE A RESOLUTION AND PUT IT IN THE MEMO, BUT WE DON'T HAVE A RESOLUTION NUMBER, OR DO WE?
OKAY. >> OKAY, WE'LL COME BACK FOR 15.1. WE'LL, WE'LL KNOCK IT OUT. OKAY, 14.1 C, THE FIRST AMENDMENT TO THE SECOND -- THE FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUTTO AND LENNAR HOMES OF TEXAS LAND AND CONSTRUCTION LIMITED. WHAT WAS THE NONLEGAL -- I DON'T KNOW WHAT ANY KIND
[03:20:03]
OF LEGAL STUFF, BUT I FORGOT WHAT WE WERE DOING HERE.>> IT'S MATT RECTOR. >> I ALWAYS CRACKUP WHEN IT'S THE FIRST AMENDMENT TO THE SECOND AMENDMENT OF THE --
>> THE LENNAR AMENDMENT. >> RIGHT. THE, IT HAD TO DO WITH THE PARKLAND DEDICATION OF OPEN SPACE AND THE PLACEMENT OF OUR WATER TOWER SITE FACILITIES. WE NEGOTIATED THAT. STREET TREES WERE PLANTED, ARE BEING PLANTED IN ACCORDANCE WITH THEIR PLANNED
UNIT OF ELEMENT ORDINANCE. >> WE'RE PULLING STREET TREES AND LETTING THEM DO THEIR ESCAPE.
>> RIGHT. >> YEAH, SO THIS IS, THIS IS THE ONE THAT THEY ORIGINALLY, IN THEIR ORIGINAL AGREEMENT, THEY HAD WRITTEN IN THAT THEY WERE GOING TO DEDICATE THIS LAND, AND THEN THERE WAS A QUESTION ABOUT WHETHER OR NOT WE WANTED THE LAND. THAT HAPPENS TO BE WHERE WE'RE BUILDING THE WATER TOWER.
AND SO WE SAID, NO, WE DO WANT THE LAND. 11 THEY WANTED TO INCLUDE THE, THE CHANGE, BECAUSE THEIR, BELIEVE THAT THEIR PLAT LANGUAGE THAT THAT THEY'RE GOING TO PLANT TREES PER THE UDC, AND WE SAID, WE DON'T NEED YOU TO DO THAT. AND SO THAT'S, THAT'S THE CRUX OF WHAT -- AND THERE'S ANOTHER REFERENCE IN THERE BECAUSE NOT ONLY ARE WE BUILDING A WATER TOWER, BUT WE, WE HAVE A WATER LINE THAT HAS TO FEED THE WATER TOWER, AND SO THERE'S A REFERENCE IN THERE THAT SHOWS THE LOCATION OF WHERE THEY HAVE INDICATED THAT THEY WOULD GIVE US EASEMENTS. THEY HAVE NOT GIVEN US EASEMENTS, BUT THAT'S BASICALLY IN THERE SAYING THAT THEY WILL GIVE THEM TO US.
>> IT, IT EXHIBITS SHOWING THE WATER TOWER LOCATION AND THE
WATER LINE. >> I REMEMBER THIS IS, YEAH, THIS IS WHERE WE SAID -- WE DON'T NEED LAND, AND THEN WE CAME BACK AND REALIZED, WAIT, THAT'S THE SAME PIECE WE'RE
PUTTING THE TOWER ON. >> RIGHT. AND THEY ARE DEDICATING THE PHASE FIVE LOT FOR MULTIPURPOSE FIELDS, THE
ENTIRE LOT. >> -- APPROVED THAT AMENDMENT
TONIGHT? >> YEAH. WE HAVE A RESOLUTION.
WE JUST NEED A NUMBER. >> ALL RIGHT. ANYTHING ELSE ON C FROM ANYBODY? 14.1 B, REPEALED RESOLUTION NUMBER R-2025-331 RELATING TO A LAURA PARKLAND DEDICATION REQUIREMENTS IN THE FIRST AMENDED ANNEXATION AND DEVELOP AGREEMENT BETWEEN THE CITY OF HUTTO, TEXAS AND 2120 HUTTO LLC, ALSO KNOWN AS THE ALLORA PROJECT, MAPLE MULTIFAMILY, LLC . THIS IS THE
ONE THAT -- >> PUBLIC COMMENT ON THIS ONE?
>> WHAT'S, WHAT'S, WHAT'S OUR ISSUE ON THIS, BEFORE THEY
>> OKAY. SO IN THIS PARTICULAR CASE , THE ITEM CAME FORTH FOR COUNCIL TO ACCEPT, AND THEY DID, AS PARKLAND. -- PARKLAND IS -- PRIVATE. IT'S NOT PUBLIC. AND, TWO, THEY DID NOT GO TO THE PARKS BOARD LIKE THEY'RE SUPPOSED TO IN ORDER TO GET THE PARKS BOARD TO WEIGH IN ON WHETHER THEY WILL ACCEPT THAT.
SO TO FOLLOW THE PROPER PROCESS, WE NEED TO UN-ACCEPT IT, THEY NEED TO GO TO THE PARKS BOARD, THEY NEED TO EXPLAIN TO THE PARKS BOARD WHY THEY DON'T THINK THEY NEED TO DO PARKLAND DEDICATION, AND IN THE PARKS BOARD WILL MAKE A RECOMMENDATION TO THE COUNCIL, AND IN THE COUNCIL --
>> I'M GOING TO ASK A QUESTION, AND YOU GUYS TELL ME IF I GOT -- WE GETTING LEGAL HERE. SO ANYTIME I SEE AN AMENDMENT OR REPEAL, I ALWAYS GOT TO READ IT. OKAY. I'LL JUST READ SOME THINGS OUT, AND YOU GUYS CAN TELL ME, LIKE, YEAH, -- AND THEN WE'LL LISTEN TO THE COMMENT. SO THE FIRST, THE SECOND WE SAW THIS WAS FROM 2023, AND THIS AGREEMENT SAYS, WHEREAS THE OWNER DESIRES TO DEVELOP THE PROPERTY AS A MULTIFAMILY RESIDENTIAL PROJECT WITH PRIVATE PARKLAND, OPEN SPACE, AND RESIDENT AMENITIES. SO I READ THAT. AND THEN ARTICLE 1 SAID THE RECITALS SET FORTH ABOVE -- ARE INCORPORATED HEREIN AND MADE A PART HEREOF AS FINDINGS FOR ALL PURPOSES. JUST MAYBE THINK ABOUT THE RECITALS. WHERE I'M GOING WITH THIS IS, I THINK SOMEWHERE IT SAYS RECITALS. 5.3, THIS IS CONFLICTS. IN THE EVENT OF ANY CONFLICT BETWEEN THIS AGREEMENT AND ANY, ANY CITY ORDINANCE RULE, REGULATION, STANDARD, POLICY, ORDER, GUIDELINE, OR OTHER CITY ADOPTED OR CITY ENFORCEMENT REQUIREMENT, THIS AGREEMENT SHALL CONTROL UNLESS OTHERWISE ALLOWED BY STATE LAW. SO I THINK WE ALL KNEW THERE WAS AGREEMENT LAW THAT IS GOING TO BE PRIVATE PARKLAND. SO, SO FAR, WHAT I'M READING IS, AND MY NONLEGAL IS, WE ALL KNEW THIS WAS GOING TO BE PRIVATE PARKLAND. THIS DEVELOPING AGREEMENT TRUMPS WHATEVER ELSE WE DID, AS WE KIND OF, LIKE, ALMOST TOOK IT LIKE A PUNCH. WE WROTE OUR OWN RULES. AND THEN THE LAST ONE WAS 10.1, THE RECITALS, WHICH IS THE ONE THAT SAYS IT'S GOING TO BE PRIVATE PARKLAND. CONTAINED IN THIS AGREEMENT ARE -- CORRECT, AS OF THE EFFECTIVE DATE. THEY FORM THE BASIS UPON WHICH THE PARTIES NEGOTIATED AND ENTERED INTO THIS AGREEMENT. THEIR
[03:25:04]
LEGISLATIVE FINDINGS AS A CITY COUNCIL. THEY REFLECT THE FINAL INTENT OF THE PARTIES WITH REGARD TO THE SUBJECT HEADER OF THIS AGREEMENT . AND IN THE EVENT IT BECOMES NECESSARY TO INTERPRET ANY PROVISION OF THIS AGREEMENT, THE INTENT OF THE PARTIES AS EVIDENCED BY THE RECITALS SHALL BE TAKEN INTO CONSIDERATION AND TO THE MAXIMUM EXTENT POSSIBLE GIVEN FULL EFFECT TO THE PARTIES WHO RELIED UPON RECITALS AS PART OF THE CONSIDERATION FOR ENTERING INTO THIS AGREEMENT BUT FOR THE INTENT OF THE PARTIES WHO WERE REFLECTED BY THESE RECITALS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. SO WHEN I READ THIS AGREEMENT, I REMEMBER THIS DEAL. IT WAS GOING TO BE PRIVATE. SO I UNDERSTAND THERE IS, IT SHOULD'VE GONE THROUGH THE, TO THE, THE PARKS BOARD , AND, BUT I GUESS IF THEY GO TO THE PARKS BOARD, ARE THEY SUPPOSED TO GET UP AND SAY, I GOT THIS DOCUMENT HERE, AND IT SAYS WE'RE GOING TO HAVE PRIVATE PARKLAND, WE'RE JUST GIVING YOU THE FYI. THERE'S NOTHING TO VOTE ON, BECAUSE NOWHERE IN THIS DOCUMENT DID SAY THERE WAS EVER GOING TO HAVE PUBLIC PARKLAND. IT WAS ALWAYS GOING TO BE PRIVATE. SO I GUESS I'M TRYING TO UNDERSTAND -->> SO, LET, LET ME COUNTER THAT. -- ANYTHING THAT YOU -- BUT LET ME COUNTER IT. ALL RIGHT, MY COUNTER TO THAT WOULD BE ON THE THERE'S NOTHING IN THAT AGREEMENT THAT SAYS THAT WE ARE ACCEPTING THE PRIVATE PARKLAND AT THEIR PARKLAND DEDICATION.
THEY'RE JUST IDENTIFYING THAT THEY'RE GOING TO DO IT. THAT IS NOT THE SAME THING AS A SAYING THAT WE'RE ACCEPTING IT IN THE
WITH PARKLAND MEDICATIONS. >> OKAY. THAT MAY BE. SO WE GO THROUGH THIS WHOLE AGREEMENT, AND THEN YOU PULL UP THE
ORDINANCE. >> WELL, SO, DID DRAFT A RESOLUTION , AND IT WAS ACTUALLY ON THE COUNCIL MEETING IN OCTOBER, BUT IT WASN'T POSTED CORRECTLY. SO COUNCIL SAW IT THEN, AND THEN LAST MEETING, WITH THE INTENT OF THAT RESOLUTION WAS MORE OR LESS TO LAYOUT THE INTERPRETATION OF THIS AGREEMENT AND THE COUNCIL TO WEIGH IN ON IT.
>> YEAH, SO THEN I LOOKED IN OUR PARKLAND DEDICATION, BECAUSE I DON'T REMEMBER WHAT OUR POLICY WAS. SO I LOOKED AT THE ORDINANCE. THEY HAVE TO GIVE A MINIMUM OF 15 ACRES PER THE
POLICY. IS THAT RIGHT? >> FOR THE, THE PARKS BOARD HAS, HAS SET 15 ACRES AS THEIR THRESHOLD OF WHAT THEY ARE WILLING TO ACCEPT AS LAND. BUT IN THE EVENT THAT THERE IS NOT LAND TO BE ACCEPTED, THEN IT GOES --
>> OKAY. SO -- >> EVERY APARTMENT COMPLEX, FOR THE MOST PART, ENDS UP PAYING A FEE IN LIEU BECAUSE THEY DON'T HAVE ENOUGH LAND ON, ON THEIR -- TO DEDICATE A PARKLAND COMPONENT OF PHYSICAL LAND THAT IS LARGE ENOUGH TO BE OF VALUE TO THE CITY. AND THAT'S ONE OF THE PARKS BOARD, IN MY MIND, -- THAT WASN'T PART OF THAT POLICY DEVELOPMENT, BUT THEY SAID THAT THRESHOLD, AND THAT WAS ADOPTED BY COUNCIL.
>> SOMEWHERE I READ THAT YOU STILL HAVE TO, THAT THE PARKLAND COULD BE, COULD BE PRIVATIZED WITH APPROVAL AT THE PARKS
BOARD. >> YEAH. SO IF, IF THEIR IMPROVEMENT IS TO THE POINT THAT THE PARKS BOARD WOULD ACCEPT IT, THE COUNCIL HAS DELEGATED THAT DECISION TO THE PARKS BOARD TO BE MADE. BUT I DID NOT READ OR INTERPRET ANYTHING IN THE DEVELOPMENT AGREEMENT THAT SAID THAT WE WERE ACCEPTING THE PRIVATE PARKLAND AS DEDICATION. IF WE HAD, THAT THIS WOULD BE A MOOT POINT. IT JUST SAID THEY WERE DOING IT. THAT'S NOT THE
SAME THING. >> WHEN THEY SAID THEY WERE GOING TO DO PRIVATE PARKLAND, WHAT DID WE THINK THEY WERE GOING TO DO. DO PRIVATE PARKLAND AND PAY A FEE?
>> YES. BECAUSE IT LOOK AT, LIKE, A H A WAY THAT THEY HAVE AN AMENITY CENTER, AND THEY MAY SAY IN THEIR DEVELOPMENT AGREEMENT, WE'RE GOING TO HAVE A PRIVATE AMENITY CENTER. WELL, THEY'RE NOT GOING TO GET CREDIT FOR PARKLAND DEDICATION FOR A PRIVATE AMENITY CENTER. THAT'S GENERALLY NOT SOMETHING THAT
OCCURS. >> NO, BUT WE GENERALLY GIVE THEM CREDIT FOR PARKS THAT THEY'VE PUT IN THE
NEIGHBORHOOD. >> THAT ARE OPEN TO THE PUBLIC.
SO IF THEY HAVE, THEY HAVE A PARK THAT'S OPEN TO THE PUBLIC, THEN GENERALLY THAT WILL COUNT, AND IN THE PARKS BOARD, IN THE PAST, HAS GIVEN CREDIT FOR NOT NECESSARILY 100% CREDIT, BUT THEY'VE GIVEN CREDIT TO TRAILS THAT ARE OPEN TO THE PUBLIC AND OTHER AMENITIES LIKE THAT. BUT IF IT IS PURELY FOR ONLY THE PEOPLE LIVING IN THAT PROPERTY AND NOT TO THE BENEFIT OF THE PUBLIC, THEN THAT IS NOT WHAT THE, THE, THE PARKS DEDICATION IS. IT IS MEANT FOR. YOU KNOW, IT'S MEANT FOR THE BETTERMENT OF THE PUBLIC, NOT THE BENEFIT OF THE PRIVATE PEOPLE WHO PAY TO
HAVE ACCESS TO IT. >> MR., WHAT WAS YOUR NAME --
AND A KEEN? >> COUNCILMEMBERS, MICAH KING WITH WEDNESDAY ON BEHALF OF THE DEVELOPER. PRINCIPAL ,
[03:30:01]
APOLOGIZES FOR NOT BEING HERE. SHE TRIED TO MOVE MOUNTAINS TO BE HERE, BUT HAD A CHILD OBLIGATION THAT SHE COULDN'T GET OUT OF. SO I'M HERE ON HER BEHALF, AND I THINK THAT CONSISTENCY AND STABILITY IS A BEDROCK OF OUR LEGAL SYSTEM, AND SO WHEN THERE WAS WORD THAT THERE WAS A MOVEMENT TO RESCIND THE RESOLUTION THAT COUNCIL UNANIMOUSLY APPROVED BASED ON SOLID LEGAL ANALYSIS AND BASED ON A BINDING CONTRACT FROM YEARS AGO, THAT SOME OF YOU HERE ALSO VOTED TO APPROVE, IT CAME AS A BIG SHOCK. AND JUST WANT TO RECOUNT THAT THIS PROPERTY WAS IN THE DPJ, SUBJECT TO A DEVELOPING AGREEMENT FOR MANY YEARS. BUT THERE WAS A VOLUNTARY ANNEXATION OF THIS LAND AT THE CITY LIMITS. SUBJUGATION OF THE LAND TO CITIES, JURISDICTION, AND TAXATION AND LOADING ALL FOR THIS PROJECT AND NOW IT'S BEEN SINCE OCTOBER 28TH, 2022 WHEN WE FIRST SUBMITTED THE APPLICATION FOR THE HUMAN DEVELOPMENT AGREEMENT. AND A LOT OF TIME ON THE PRIVATE SIDE AND ON THE PUBLIC SIDE HAS GONE INTO THIS PROJECT. AND NOW THEY'LL HAVE THE RUG PULLED OUT FROM UNDERNEATH US AT THE 11TH HOUR. IT, IT'S QUITE SOMETHING. AND SO YOU ALL KNOW THAT A DEVELOPMENT AGREEMENT IS COVERED BY THE LOCAL GOVERNMENT CODE. 212.172. AND UNDER THAT PROVISION OF THE LOCAL GOVERNMENT CODE, WHICH IS THE STATUTORY BASIS FOR THIS CONTRACT, THIS DEVELOPMENT AGREEMENT, THE PARTIES, BEING THE CITY AND THE PROPERTY OWNER, MAY AGREE TO DEVIATE FROM THE TERMS THAT NORMALLY APPLY WITHIN THE CITY. AND THAT'S WHAT HAPPENED. I WAS IN SOME OF THOSE CONVERSATIONS WITH THE DEVELOPER. AND ASHLEY AND OTHERS. IN THE DISCUSSION WAS ALWAYS ABOUT PRIVATE PARKLAND.IT WAS ALWAYS THAT THE PARKLAND WOULD BE SATISFIED BY EVERYTHING THAT WOULD BE PROVIDED ON-SITE. AND THERE WAS A LOT OF DISCUSSION ABOUT MAKING THOSE BETTER. IN ADDITION TO MAKING CHANGES TO THE STRUCTURES, TO THE POINT THAT THE CITY THOUGHT IT WAS BETTER AND, AND SHOULD BE APPROVED. AND I HEAR THE POINT ABOUT SOME RESIDENTIAL AMENITIES DON'T COUNT AS PARKLAND. BUT REMEMBER, THIS IS A, A CONTRACT THAT DEVIATES FROM CITY CODE.
ALSO, IN THE FIRST RECITAL, IT DIFFERENTIATES RESIDENT AMENITIES FROM OPEN SPACE AND DIFFERENTIATES IT FROM PRIVATE PARKLAND. IT SAYS A RESIDENTIAL PROJECT WITH PRIVATE PARKLAND, OPEN SPACE, AND RESIDENT AMENITIES. SO NOT ALL OF THOSE ARE THE SAME. AND THERE -- ALL OF THE THINGS THAT, THAT HAVE BEEN AGREED TO TO PROVIDE PARKLAND AMENITIES, PARKLAND OPPORTUNITIES FOR THE RESIDENTS HAVE BEEN NEGOTIATED AT GREAT EXPENSE OVER A GREAT AMOUNT OF TIME. AND SO WE ARE SIMPLY ASKING THE COUNCIL RESPECTFULLY TO PLEASE HONOR THE CONTRACT, TO HONOR THE RESOLUTION THAT YOU ALREADY ADOPTED, AND TO ENSURE CONSISTENCY IN THE APPLICATION AND INTERPRETATION OF THE LAW, OF CONTRACTS TO PROVIDE A STABLE ENVIRONMENT FOR INVESTORS AND FOR THEIR INVESTMENT DECISIONS. AND I'M HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE. THANK YOU.
>> I HAVE A QUICK QUESTION. >> YES SIR.
>> SO YOU, YOU TALKED ABOUT, AND I'M PARAPHRASING YOU, SO CORRECT ME IF I'M WRONG BUT IS THAT THERE WERE DISCUSSIONS THAT THE PRIVATE PARKLAND WOULD SATISFY THE PUBLIC PARKLAND. IS
>> SO IS THERE ANY DOCUMENTATION, EITHER DIGITAL OR
PAPER, THAT SUPPORTS THAT? >> I, THERE, THERE MAY BE. I DON'T HAVE THEM AT MY FINGERTIPS, BUT I KNOW THAT THERE WERE CONVERSATIONS, AND , AND -- WELL, KEYWORD, CONVERSATIONS, DISCUSSIONS. SO YOU TALK ABOUT STABILITY,
BINDING CONTRACTS. >> SO, YEAH.
>> AND SO I'M JUST TRYING TO UNDERSTAND, BECAUSE I'M, I'VE
[03:35:01]
BEEN ON HERE SINCE JUNE 18TH. I DON'T KNOW, REALLY -- BUT IT'S A FAIR QUESTION, COUNCILMEMBER. I GUESS IT'S -- RIGHT? SO THAT-- >> WELL, MY, MY UNDERSTANDING IS THAT I WILL 100% ABIDE BY ANY CONTRACT THAT THE CITY HAS SIGNED, EVEN IF I DON'T AGREE WITH IT NOW. THE CITY MIGHT, LIKE YOU SAID, I WILL UPHOLD THAT AND AGREE WITH THAT. MY QUESTION IS, IS THERE A WRITTEN DOCUMENT THAT STATES, TO SOME PARAPHRASING, THAT A PRIVATE, THE PRIVATE PARK THAT IS FOR THE, THE, THE RESIDENTS ONLY WAS GOING TO SATISFY THE CITY'S REQUIREMENT THAT THERE MUST BE A DEDICATION OF PUBLIC PARKLAND IN LIEU OF FEE? IS THERE ANY PAPER DOCUMENT OR CONTRACT SIGNED?
>> THAT'S A GREAT QUESTION. BUT THE, I THINK THAT, I, I CAN'T ANSWER THAT DEFINITIVELY, HONESTLY. AND I DON'T WANT TO MISREPRESENT ANYTHING. BUT I WILL SAY THAT THE INTENT OF THE PARTIES SET FORTH IN THE AGREEMENT WAS MEMORIALIZATION OF CONVERSATIONS. AND I WASN'T A PART OF ALL OF THOSE CONVERSATIONS, AND CERTAINLY THERE WERE REDLINES THAT WENT BACK AND FORTH, BUT I THINK THAT THE FACT THAT THIS HAS NEVER BEEN ACCOUNTED FOR AND WAS A HUGE SURPRISE POINTS TO THE FACT THAT, AND BUTTRESSES THE INTENT THAT I UNDERSTAND, THAT MY CLIENT UNDERSTANDS, AND THAT IS CLEARLY IN THE AGREEMENT. AND THE, THE LANGUAGE IN THE RECITALS IS VERY STRONG, AND IT SAYS THAT THE PARTIES HAVE RELIED UPON THE RECITALS, WHERE IT SAYS PRIVATE PARKLAND, AS PART OF THE CONSIDERATION.
>> WHERE ARE YOU, ARE YOU LOOKING AT ONE OF THE DOCUMENTS
-- >> ARTICLE, SORRY. ARTICLE 10.1 OF THE AMENDED DEVELOPMENT AGREEMENT.
>> ARTICLE WHICH ONE? >> OH, ARTICLE 10.1. ADDITIONAL PROVISIONS. AND SO IT, IT SAYS THAT THE PARTIES HAVE RELIED UPON THE RECITALS, WHICH INCLUDES PRIVATE PARKLAND, AS PART OF THE CONSIDERATION FOR ENTERING INTO THIS AGREEMENT, THIS CONTRACT, AND BUT FOR THE INTENT OF THE PARTIES REFLECTED BY THE RECITALS. THE MEMORIALIZATION OF THE INTENT WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. AND SPENT MILLIONS OF
DOLLARS AND YEARS OF WORK. >> SO I ASSUME I SEE WHAT YOU'RE SAYING. BUT FOR ME, IT'S GOING TO GO BACK TO INTENT. SO THIS IS WHY TIME KILLED -- I SWEAR TO GOD, OR GET YOU SUED. YOU GOT IN HERE THE RESIDENTIAL AMENITIES SHALL BE PROVIDED, INCLUDING A WALKING TRAIL FOR USE BY RESIDENTS, INCLUDING ACCESSIBILITY TWO AND FROM -- AND THE TRAIL AND -- OTHER RESIDENTIAL AMENITIES. ACTIVATION OF THE EXISTING POND WITH RESIDENTIAL AMENITIES SUCH AS PARK BENCHES AND WALKING PATH, A FENCED IN DOG PARK TO ACCOMMODATE BOTH LARGE AND SMALL SPACE AND SEPARATE SPACES, INDOOR AND OUTDOOR BIKE STORAGE FACILITIES, AN OUTDOOR YOGA LAWN, GRILLING STATIONS, AN AMENITY CENTER WITH OUTDOOR COOKING FACILITIES, LOUNGE AREA, CONFERENCE MEETING ROOMS, EXERCISE FACILITY. I MEAN, YOU GUYS CONTEMPLATED EVERYTHING, EVEN THE HIPAA STATUTES SCULPTURE IS GOING TO BE INSTALLED ON THE PROPERTY, A LOCATION WITH VISIBILITY. I FEEL LIKE THE INTENT WAS THAT THIS WAS GOING TO BE A PRIVATE PARK, AND I THINK YOU'RE RIGHT, IT DOESN'T SAY YOU COULD PUT ALL THIS IN, HAVE A PRIVATE PARK, BUT YOU'RE STILL GOING TO -- LIKE, YOU SHOULD'VE DONE A PARK. BUT, I MEAN, ALL THIS WAS DONE AND THE WHOLE INTENT, WE'RE SEEING ON THE CITY'S SIDE, THE WHOLE INTENT WAS ALWAYS, YEAH, YEAH, YOU CAN KEEP BUILDING ALL THIS PARK STUFF, BUT AT THE END OF THE DAY, YOU'RE DOING AN 18 ACRE DEAL, YOU OWE US 15 ACRES OF PARKLAND, YOU'RE GOING TO HAVE TO GO, YOU'RE GOING TO
HAVE TO PAY US MONEY. >> YEAH, SO, SO THE WAY I WOULD SAY IT IS INTERPRETED AS, AND, AND NO OFFENSE TO, TO ALLORA, BECAUSE I THINK THEY'VE DONE A GOOD PROJECT, BUT EVERY APARTMENT COMPLEX, EVERY SUBDIVISION BUILT AMENITIES FOR THE PEOPLE THAT LIVE THERE. AND THE QUESTION IS WHETHER OR NOT THOSE AMENITIES THAT THEY WOULD NEED TO BUILD IN ORDER TO BE MARKETABLE ARE OF COMMUNAL VALUE, WHICH IS WHAT THE PARKLAND DEDICATION IS ABOUT. SO IF IT'S NOT OF COMMUNAL VALUE, AND IT'S THE PARKS BOARD WITH THE COUNCIL HAS GIVEN THE AUTHORITY TO ADJUDICATE AND EFFECTIVELY MAKE THE RECOMMENDATION. IF IT'S NOT OF COMMUNAL VALUE, AND THEY CAN'T DEDICATE PHYSICAL LAND THAT WOULD MEET THE REQUIREMENTS, AND ARGUABLY, I DO THINK THE 15 ACRE MINIMUM THAT WAS ADOPTED AFTER
[03:40:02]
THIS AGREEMENT WAS APPROVED, SO I THINK THEY WOULD'VE BEEN UNDER THE OLD ONE. NO, THEY WOULDN'T OF?>> THESE ARE ALWAYS TO >> WELL, THE DEVELOPING AGREEMENT DIDN'T -- OKAY. SO, SO THEY WOULD NOT BE ABLE TO MEET A 15 MINIMUM, A 15 ACRE MINIMUM DESIGNATION OF PARKLAND, SO WHAT THEY WOULD END UP DOING IS PAYING THE FEE IN LIEU, WHICH WOULD BE BASED OFF OF, GENERALLY, A, A CALCULATION OF THE UNITS THAT ARE INSIDE THE PROPERTY. SO EVERY APARTMENT COMPLEX THAT COMES THAT WOULD HAVE AN AMENITY CENTER OR INTERIOR OR PARK SPACE FOR THEIR PEOPLE BEHIND THE GATE WOULD ALSO BE SUBJECT TO PAYING THE FEE IN LIEU IF THEY DO NOT HAVE
-- TO DONATE -- >> UNLESS IT WAS NEGOTIATED
PREVIOUSLY. >> UNLESS YOU HAD NEGOTIATED PREVIOUSLY AND SAID WE'LL ACCEPT THIS IN LIEU OF A PARKLAND DEDICATION, BECAUSE OF SOME COMMUNAL VALUE WE'RE EXCITED FOR. TO SAY THAT THERE IS, LIKE, A SPRING FED, LIKE YOU SAID, PONDS, SO MAYBE THERE IS, LIKE, A SPRING FED POND THAT WILL BE OWNED AND OPERATED BY THE APARTMENT COMPLEX, THAT WOULD BE OPEN TO THE PUBLIC. THEN MAYBE THE PARKS BOARD WOULD
ACCEPT THAT. >> AND THERE, THERE IS A POND THAT WE'RE PRESERVING AND REQUIRED TO PRESERVE UNDER THE CONTRACT, AND -- AND WE DO HAVE -- CHAPTER 245 PER THE TERMS OF THE DEVELOPMENT AGREEMENT. AND THE PARKLAND ORDINANCES HAVE CHANGED SINCE OCTOBER 28TH, 2022. AND SO WHAT IS CONSIDERED PARKLAND AND HOW THAT'S MEASURED HAS ALSO CHANGED SINCE.
AND I BELIEVE -- AND SO, YES, DEVELOPMENTS PROVIDE AMENITIES, BUT WHEN YOU ADD UP THE ACREAGE AND LOOK AT EARLIER ORDINANCES, I THINK THERE NEEDS TO BE SOME CREDIT THERE FOR THE EXTENT OF JUST HOW MUCH AREA THAT IS. AND, AND THAT PART OF THE SITE PLAN SET IS, IS AN EXHIBIT SHOWING, ALL OF THAT ACREAGE, THAT WE'RE NOT DEVELOPING. AND PRESERVING AND ADDITION OF THE POND. SO.
>> I'M LOOKING AT ONE OF THE RECITALS HERE. WHEREAS THE CITY HAS DETERMINED THE DEVELOPMENT OF THE PROPERTY HAS PROVIDED HERE -- WE'LL PROMOTE THE ORDERLY PLAN AND DEVELOPMENT.
HAVE THE CITY FUND THE CREATION AND MAINTENANCE OF NEW PARKLAND,
AND PROVIDE NEW HOUSING -- >> AND IS THAT IMPLIED TO BE
PRIVATE PARKLAND? >> NO, THAT'S PUBLIC.
>> THAT'S A GREAT QUESTION. IT'S PUBLIC. SO -- IT'S NOT, IT'S NOT SPEAKING TO PARKLAND EDIFICATION FEES. IT'S TALKING ABOUT AD VALOREM TAXES BY BRINGING THE PROPERTY INTO THE CITY LIMITS. YEAH. WASN'T IN, IN THE CITY LIMITS UNTIL WE ENTERED INTO THIS AGREEMENT, AND THAT IT WAS ANNEXED AFTER THE
ANNEXATION. >> -- MAINTENANCE OF NEW PARK
LINE OUTSIDE THIS DEVELOPMENT. >> I WOULDN'T HAVE READ THAT.
THANK YOU. >> BUT YOU CAN'T DO THAT IF THEY DON'T, THEY DON'T -- IF WE ACCEPT AS OF THE PARKLAND DEDICATION -- THEY WANT -- ANY DOLLARS TO THE DEVELOPMENT OF
THE PARKLAND OUTSIDE -- >> WE ALSO -- PARKLAND OF
>> WELL, WE ALSO PAY PARKLAND DEVELOPMENT FEES. INSTEAD OF
FEES IN LIEU. >> THOSE ARE THE SAME THING, WHICH IS WHAT I'M SAYING -- I DON'T THINK THIS HARMS YOU GUYS, BECAUSE I THINK WHAT YOU'RE ASKING FOR IS TO BE ABLE TO GET -- WHAT THIS LOOKS LIKE IS, YOU WOULD GET 100% CREDIT FOR EVERYTHING IF YOU WOULDN'T PAY ANYTHING FOR PARK. I DON'T THINK THAT WAS YOUR INTENT. BUT EITHER WAY, YOU BYPASS THE PARK SCORES, YOU WEREN'T ABLE TO MAKE YOUR, YOUR CASE AS TO, HERE'S WHAT WE ARE SEEKING CREDIT FOR, AND THE PARKS BOARD MADE THE RECOMMENDATION, BECAUSE EFFECTIVELY, THIS SAYS YOUR PARKLAND, YOUR, YOUR PARK DEDICATION IS, IS ACCEPTED, SO THERE WAS -- SO IF YOU ARE EXPECTING TO PAY THE FEE IN LIEU, THEN THAT IS EXACTLY HOW THIS WILL --
>> NO, THAT'S NOT -- I THINK I'M --
>> THAT'S FINE. SO LET ME -- THERE'S A, IF WE'RE GOING TO GET INTO THE NITTY-GRITTY, LET'S GET TO THE NITTY-GRITTY.
SO THE PROPERTY WAS UNDER EIGHT OF ELEMENT AGREEMENT IN LIEU OF ANNEXATION, WHICH REQUIRED ANNEXATION WHENEVER THE PROPERTY WAS SUBDIVIDED OR CHANGED. THAT WAS, THAT WAS THE CASE. NOW, WHENEVER THE NEGOTIATIONS HAPPEN, THAT'S GENERALLY SO LAND CAN GET ENTITLEMENTS WHEN THEY'RE READY TO COME INTO THE CITY, AND THAT'S PERFECTLY ALL OKAY. SO IT WASN'T THAT THIS WAS JUST ANNEXED OUT OF THE GOODNESS OF THEIR HEART. THEY HAD A AGREEMENT IN PLACE PRIOR THAT SAID THAT , AS LONG AS YOU
[03:45:04]
LEAVE THIS AS AGRICULTURAL PROPERTY, YOU DON'T HAVE TO ANNEX. BUT IF YOU SUBDIVIDED OR IF YOU CHANGE THE USE, YOU HAVE TO ANNEX. SO THEY HAD TO ANNEXED. THEY DIDN'T COME AND GET IT OUT OF THE KINDNESS OF THEIR HEARTS. SO, BUT THE DEVELOPMENT AGREEMENT THAT, THAT WE'RE TALKING ABOUT NOW IS BASICALLY DEFINED WHAT THE PRODUCT IS GOING TO BE, BECAUSE IT WAS NO LONGER GOING TO BE AGRICULTURAL PROPERTY. I HAVE, I HAVE KNOWLEDGE THAT, AND, AND THIS DOESN'T, THIS DOESN'T -- I DON'T THINK -- EMAIL CHAINS, BUT JEFF WAS REACHING OUT EARLIER THIS YEAR SAYING, HEY, WE NEED TO RESOLVE PARKLAND DEDICATION, SO THERE'S -- BUT HEY, CAN YOU SEND THAT TO US? ALL I ASK IS -- HOW DO YOU GET IN THE PARKS BOARD, BECAUSE I GOT EMAILS FROM ALL GUESTS THAT I -- BE DONE. SO THEY'RE TALKING ABOUT PARKLAND FEES, AND NEVER ONCE DOES JEFF OR ANYBODY GO, YOU GOT TO GO TO THE PARKS BOARD. I MEAN, SO, SINCE AUGUST-- >> WELL, AND ONE OF THE REASONS THAT WAS DISCUSSED WHY PARKS BOARD PROBABLY COULDN'T CONSIDER IT IS BECAUSE ONE OF THEIR DUTIES IS TO MAKE RECOMMENDATIONS WITH STAFF REGARDING THE DEDICATION OF PARKLAND BY DEVELOPERS DURING THE CONCEPT PLAN PHASE. SO THIS WAS ALREADY A DEVELOPED AGREEMENT WITH THE CONCEPT PLAN, AND IT'S, YOU KNOW, IT'S, WE DID ADVISE THE PARKS DIRECTOR THAT IT WAS SILENT, BUT WE CAME UP WITH THE RESOLUTION, BECAUSE THE PARKLAND DEDICATION ORDINANCE REQUIRING THE 15 ACRES WAS NOT WRESTLING RELATED TO WHAT THEY WERE DEVELOPING, AND WE BRIEF YOU ON THAT ISSUE, AND THE FACT THAT IF YOU TOOK IT TO THE PARKS BOARD AT THIS STAGE, WE, THE, THE DUTIES OF THE PARKS BOARD NEED TO BE CLARIFIED IF WE'RE GOING TO START DOING STUFF LIKE THIS. BECAUSE ONE OF THE POINTS THAT WAS MADE WAS, IT'S BEYOND THE CONCEPT PLAN PHASE.
>> I GUESS, MY ONLY CONCERN IS, IF WE'VE BEEN EMAILING BACK-AND-FORTH SINCE AUGUST, AUGUST, SEPTEMBER, OCTOBER, NOVEMBER. SO THAT'S AT LEAST FOUR MONTHS. IN FOUR MONTHS, IS THERE AN EMAIL IN THE CITY WHERE IT SAID, HEY, YOU GUYS NEED TO GO TO THE PARKS BOARD? BECAUSE ALL THE EMAILS I SEE IS, IS -- BUT THAT WAS REALLY -- BUT WHOEVER, I DON'T KNOW WHO JONATHAN SCHINDLER IS, BUT SOME GUY FROM WESTWOOD, PS IS GOING, HEY, WE NEED TO GET THIS RESOLVED, THE PARKLAND FEES, AND THE WHOLE INTENT WAS PRIVATE PARKLAND, BLAH BLAH BLAH, ALL THROUGH THIS, AND THEN THE ANSWER BACK THE CITY IS, IS A COUPLE QUESTIONS, AND THEN THE QUESTIONS ARE ANSWERED, AND IT COMES BACK WITH, WHEN WAS THE D.A. EXECUTED? SO THAT TELLS ME WE'RE, WE'RE WORKING, BUT NOW WE'RE IN THE MIDDLE OF AUGUST, AND THAT IT'S, HEY, HERE IT IS. SO I DON'T KNOW WHY, WHY IS THE CITY ASKING THE DEVELOPER, WHEN WAS THE D.A. EXECUTED? DO WE NOT HAVE COPIES OF THIS ON OUR SIDE? BUT, YOU KNOW, I, I DIGRESS. AND THEN, AND THEN I HAVE REVIEWED IT, GOT SOME QUESTIONS FOR THE ATTORNEYS, AND, I MEAN, I'M, I'M JUST TRYING TO FIGURE OUT, HOW DO WE, HOW DO WE LINE IT UP TO WHERE , FOUR MONTHS, PEOPLE ARE TRYING TO FIGURE SOMETHING OUT, AND THEN WE WAIT FOUR MONTHS LATER, WE GO, OH, YOU GOT TO GO TO THE PARK BOARD? I MEAN, THAT'S BAD FAITH AND I SEE WHAT YOUR POINT IS, AND I, AND I DON'T DISAGREE. THE AGREEMENT, WE DIDN'T, WE'RE WRITING AGREEMENTS BETTER AND BETTER, AND THEY SHOULD'VE HAD SOMETHING MORE DETAILED. BUT, I MEAN, LIKE, I'M JUST LOOKING FOR SOMETHING SOMEWHERE WHERE THE CITY SAYS, YOU GUYS, WE TOLD YOU THREE TIMES, YOU GOT TO GO TO THE PARKS BOARD. YOU GOT TO GO TO THE PARKS BOARD WHERE YOU GOT TO DO THIS. AND I'M JUST SEEING WHERE IT'S ALL BEEN TALKING ABOUT ALL THE AMENITIES, AND, I MEAN, IF WE ALWAYS SAW IT ONE WAY AND THEY ALWAYS SAW IT ONE WAY, I LIKE, MAN, THIS IS THE BIGGEST MISCOMMUNICATION THAT I'VE SEEN IN A WHILE, BECAUSE -- BUT --
>> SO I HAVE -- I CAN ANSWER YOUR TECHNICAL QUESTIONS ON
THOSE. >> YEAH. DO WE HAVE ANYTHING
LIKE THAT, GUYS? >> PARDON ME.
>> I MEAN, WE CAN GO TOGETHER. SO THE -- WHAT I CAN TELL YOU FROM THE DEVELOPING SIDE, I CAN'T TELL YOU FROM THE PARKSIDE, BUT JEFF CAN. SO I CAN TELL YOU THAT I WAS JUST LOOKING THROUGH THE FILES, IT LOOKS LIKE THEY STARTED SUBMITTING FOR PLATS AND SITE PLANS AROUND JUNE OR JULY OF THIS YEAR. AND IN EVERY SINGLE TIME THEY HAVE SUBMITTED, WE'VE, THEY'VE SUBMITTED A LETTER THAT THEY PARKLAND DEDICATION LETTER THAT IS MARKED NA, NA, NA, AND A . AND AS A PLACE IN THEIR WHERE
[03:50:04]
IT'S SUPPOSED TO BE SIGNED BY JEFF. IT WASN'T SIGNED. I CAN TELL YOU IN EVERY SINGLE SUBMITTAL, OUR STAFF, OUR DEVELOPING STAFF HAS SAID, YOU NEED TO GO TO THE PARKS DEPARTMENT, YOU NEED TO GO TALK TO THE PARKS BOARD, YOU NEED TO RESOLVE THIS, BECAUSE THAT'S, IT'S STILL A COMMENT. AS OFWHERE WE STAND TODAY. >> AN EXISTING COMMENT.
>> AN EXISTING COMMENT ON EVERY ROUND THAT THEY HAVE SUBMITTED, SAYING YOU NEED TO GET THIS PARK STUFF RESOLVED. AND SO AS FAR AS, IT'S JUST BEEN A NONRESPONSE. THEY'VE RESUBMITTED THE SAME LETTER EVERY SINGLE TIME TO US. THEY JUST MARKED NA EVERYWHERE. IT'S NOT SIGNED BY JEFF, IT'S SIGNED BY THEIR TEAM. AND SO OUR RESPONSE TO THEN EVERYTHING TIME IS, YOU'VE GOT TO GET THIS RESOLVED. I DON'T KNOW ABOUT THE CONVERSATIONS THAT THEY'VE BEEN HAVING WITH JEFF. SO.
>> GOOD EVENING, MAYOR, COUNCIL. JEFF WHITE, DIRECTOR OF PARKS AND RECREATION. I WAS FIRST MADE AWARE OF THIS PROJECT IN FEBRUARY OF THIS YEAR, WHICH WAS ON A TEAMS CALL. IN THAT CALL, I PUT A CHAT IN A COMMENT, LIKE, HEY, PLEASE CONTACT ME FOR PARKLAND DEDICATION REQUIREMENTS. WE'LL BE HAPPY TO DISCUSS AND GO FROM THERE. DIDN'T HEAR ANYTHING, AND IN JUNE, I SENT A FOLLOW-UP EMAIL WITH THE PARKLAND DEDICATION, WITH THE PARKLAND LETTER OF INTENT IN THE PARKLAND DEDICATION. IT SPECIFICALLY CALLED OUT WHAT THE PLAN OF ACTION IS. AND, SO ONCE AGAIN, I DIDN'T HEAR ANYTHING, AND ANALYSIS FOR PLANT. THAT'S WHEN I STARTED SAYING, HEARING THESE THINGS, AND HAD TO GET LEGAL INVOLVED BECAUSE I WAS NOT SURE IF , KIND OF THE SAME QUESTIONS YOU'RE ASKING TODAY. THOSE ARE MY QUESTIONS TO LEGAL. SO WE WENT BACK AND FORTH AND TRIED TO DETERMINE IF WHAT THEY HAD WAS SUFFICIENT OR NOT. AND SO THAT'S KIND OF WHERE WE'RE AT TODAY. THAT'S KIND OF THE PROCESS. DOES THAT ANSWER ANY QUESTIONS OR MAKE IT MORE --
>> YEAH, I MEAN, YEAH, I MEAN, IT SOUNDS LIKE WE'VE BEEN COMMUNICATING, YOU'VE BEEN GIVING COMMENTS ON THE PLANS THAT YOU GOT TO RESOLVE THIS, AND --
>> SO THE, THE GENERAL RULE OF THUMB IS IF THEY DON'T HAVE THE MINIMUM ACRES, WHICH IS 15 ACRES, THEN IT JUST THE FALSE TO
THE FEE IN LIEU OF. AND SO -- >> IS 2300 PER HOW MANY UNITS?
>> THINK IT'S 370, 351, I BELIEVE. I THINK IT'S, LIKE,
>> I THINK IT'S 351. YEAH, SO 807,000 AND PARKLAND FEES? AND THE FEE IS CHANGE BECAUSE WE CHANGE THE ORDINANCE OVER THE PAST FEW YEARS BECAUSE THE, THE, YOU'RE SAYING THE D.A. DIDN'T
>> WE CHANGE THE FEES TO ACCOMMODATE OUR PROPORTIONALITY THAT'S REQUIRED BY LEGAL. SO WE JUST CAN'T PICK UP THE BECAUSE THE CITY OF GEORGETOWN CHARGES $1000, THE CITY OF BROWN ROCK TARGET IS $900, WE CAN CHARGE $950.
>> I'M SAYING THE FEE CHANGE SINCE --
>> THE FEE CHANGED IN 2024. >> BECAUSE THE AGREEMENT DIDN'T HAVE THE FEE SET IN THERE. THE FEE IS FLUID WITH WHATEVER WE'RE, WE'RE CHARGING NOW, IS WHAT YOU'RE SAYING? LIKE, LIKE -- GRANDFATHERED IN IN 2023 -- HAVE THEY PUT THAT IN THE AGREEMENT, THEN THEY WOULD'VE BEEN GRANDFATHERED, BECAUSE THEY
WEREN'T, WE HIKED THEM UP. >> THAT'S THE CURRENT FEE, YES.
>> ALL RIGHT, MICAH. >> AND, AND WE WOULD'VE, MAYOR, AND WE HAD BEEN UNDER THE UNDERSTANDING THAT WE WERE GOING TO BE SUBJECT TO PARKLAND DEDICATION FEES BY A FEE IN LIEU, BECAUSE IT'S IMPOSSIBLE TO SATISFY 15 ACRES OF PARKLAND ON THE SITE. THEN THE FEES WOULD'VE BEEN ACCOUNTED FOR IN THE D.A.. AND THE CLIENT SIGNED THE REQUIRED PARKLAND LOI AND CHECKED THE BOX SAYING THAT , I DON'T HAVE IT IN FRONT OF ME.
THE BOX THAT WAS APPROPRIATE FOR, FOR NA.
>> WHICH, WHICH THEY ADMIT YOU GUYS SIGNED IT, BUT I THINK WHAT THEY'RE SAYING IS YOU GUYS SIGNED IT, SUBMITTED IT THREE TIMES, AND EACH TIME, THE CITY CAME BACK AND SAID, HEY, THERE'S A PROCESS. YOU GOT TO GO THROUGH THE PROCESS.
>> I DON'T, YEAH, MAYOR, I'M SORRY, BUT I WASN'T INVOLVED IN ALL OF THOSE ENGINEERING CONVERSATIONS, BUT MY UNDERSTANDING, AND I DON'T HAVE ALL THAT, THOSE CONVERSATIONS, ALL THOSE EMAIL CHAINS, WAS THAT WE SIGNED THE REQUIRED LOI, THAT IN EARLY AUGUST, THERE WAS AN EMAIL SAYING, OKAY, THIS IS A QUESTION FOR LEGAL, AND HERE WE ARE IN, WAS IT NOVEMBER? NOVEMBER, ALMOST THANKSGIVING, AND IT'S STILL, WE THOUGHT IT WAS RESOLVED, AND THEN WE ARE CONTEMPLATING ON RESOLVING IT, AND ALSO, WHY WOULD WE EVER GO TO THE PARKS ADVISORY BOARD WHEN YOU CAN'T DO PUBLIC PARKLAND IS YOU DON'T HAVE 15 ACRES, SO YOU KNOW THAT IF YOU WERE SUBJECT TO PARKLAND DEDICATION FEES, IT WOULD HAVE TO BE A FEE IN LIEU? WHY WOULD YOU EVER GO TO THE PARKS ADVISORY BOARD IN THAT CASE? OR WHY WOULD YOU ASK THEM
[03:55:01]
TO INTERPRET A LEGAL CONTRACT? >> I THINK I'LL GIVE YOU AN EXAMPLE OF WHY. BECAUSE YOU'RE -- IF YOU HAVE THAT POND , LET'S SAY, THAT'S NOT -- DEFENSE -- AND IT'S OPEN TO THE PUBLIC, ALTHOUGH YOU'RE ADVERTISING IT, YOU COULD'VE GONE TO THE PARKS BOARD AND SAID, HEY, WE UNDERSTAND WE CAN'T REACH 15 ACRES. BUT WE HAVE THIS REALLY MASSIVE AMENITY. WHEN YOU CONSIDER ACCEPTING THIS AS A CREDIT FOR OF WHAT WE WOULD OTHERWISE OWE? BECAUSE YOU DIDN'T GET TO HAVE
THIS CONVERSATION. >> AND I, I, THAT'S A FAIR POINT. AND I, I THINK THAT, I APPRECIATE THAT. I, I THINK THAT PERHAPS WE WOULD GET FULL CREDIT FOR WHAT WE'RE PROVIDING BASED ON THE EXTENT OF WHAT WE'RE WRITING.
>> THANK YOU. >> BUT WE DON'T NEED FURTHER DELAY. AND IT'S NOT FAIR. AND WE PUT THE HOLIDAYS COMING UP.
COMMISSIONS DON'T ALWAYS EVEN HAVE QUORUMS. SO HOW MANY MORE MONTHS IS THIS GOING TO BE DELAYED?
>> YEAH, THANKS. WE NEED TO TAKE THIS BACK TO EXEC. -- DECEMBER 10TH. THEY WILL HAVE A QUORUM THAT NIGHT, SO.
>> THEY'VE BEEN HAVING A QUORUM?
>> YES, YEAH. OKAY, THIS IS A FREAKING MESS. YEAH. I THINK WE
PROBABLY NEED TO -- >> YEAH. I THINK I, I HAD SOME
[14. EXECUTIVE SESSION]
LEGAL QUESTIONS AT THIS POINT. >> ALL RIGHT. APPRECIATE IT, SIR. OKAY. WELL THEN, I THINK WE'RE READY TO GO BACK TO
EXECUTIVE SESSION, THEN. >> NEED TO READ THE REST, SIR?
>> YES, 10:57, 14.1, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071, CONSULTATION WITH ATTORNEY, TO DELIBERATE AND CYCLICAL ADVICE REGARDING THE FOLLOWING LEGAL MATTERS. D, REPEAL RESOLUTION NUMBER R-2025-331 RELATING TO ALLORA PARKLAND DEDICATION REQUIREMENT IN THE FIRST AMENDED ANNEXATION AND DEVELOP AN AGREEMENT TWEEN THE CITY OF HUTTO, TEXAS AND 2120 HUTTO LLC, ALSO KNOWN AS THE ALLORA PROJECT, MAPLE MULTIFAMILY, LLC. E, INTERLOCAL AGREEMENT FOR THE ALLOCATION OF SALES TAX REVENUE BUT WITH THE WILLIAMSON COUNTY EMERGENCY SERVICES DISTRICT NUMBER THREE IN THE CITY OF HUTTO, TEXAS.
40.2, RECEIVED LEGAL ADVICE PRESENTED TEXACO'S GOVERNMENT CODE -- CONSULTATION WITH ATTORNEY AND DELIBERATIONS PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.072 REAL PROPERTY, 55 1.087 ECONOMIC DEVELOPMENT NEGOTIATIONS RELATED TO A PENDING ECONOMIC DEVELOPMENT PROJECTS BEING CONSIDERED BY THE HUTTO ECONOMIC DEVELOPMENT CORPORATION OR THE CITY OF HUTTO , INCLUDING BUT NOT LIMITED TO A, PRODUCT CORE, B, PROJECT HARVEST, C, CAPITAL PRODUCT ORDERED, B, PRACTICALLY, E, PROJECT FOOTBALL, F, PROJECT COTTONWOOD, G, PROJECT SEGWAY, H, MEGA SITE PROJECT, I, PROJECT 2007, J PRODUCTS BREATH, AND K, PROJECT FOLDER. AND 40.3, PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551.071, AND SECTION 551.07 TO DELIBERATE AND SEEK LEGAL ADVICE REGARDING ACQUISITION, INCLUDING THE USE OF EMINENT DOMAIN IF NECESSARY OF REAL PROPERTY INTEREST AS PART OF THE CR 137 PROJECT CIP T05-2023, A, 1660 REAL
[15. ACTION RELATIVE TO EXECUTIVE SESSION]
>> IS 11:48. WE'RE BACK FROM EXECUTIVE SESSION. NO ACTION WAS TAKEN. NEXT ITEM WE HAVE UP IS 15.1, CONSIDERATION AND POSSIBLE ACTION RELATED TO EXECUTIVE SESSION AGENDA ITEMS, LISTED
ABOVE. >> SO, MAYOR, I HAVE A MOTION RELATING TO THE ORIGINAL ITEM 14.1 B. MY MOTION IS TO DIRECT THE PARKS BOARD DIRECTOR TO TAKE ALLORA PARKLAND DEDICATION TO THE PARKS BOARD IN THEIR DECEMBER 10TH MEETING AND TO MAKE A RECOMMENDATION TO THE CITY COUNCIL AND POSTPONE ANY ACTION TO REPEAL THE REFERENCED RESOLUTION.
>> SECOND. >> GOES TO FRIENDLY AMENDMENT.
WE SHOULD DIRECT THE CITY MANAGER, NOT THE PARKS DIRECTOR.
>> YES. OKAY, SURE. YEAH. DIRECT THE, THE CITY MANAGER TO DIRECT THE PARKS BOARD DIRECTOR TO DIRECT THE PARKS BOARD TO DIRECT
CITY -- NO, JUST KIDDING. >> ALL RIGHT, SO MOTION BY COUNCILMEMBER GORDON, SECONDED BY COUNCILMEMBER PORTERFIELD.
ANY DISCUSSION ON THIS ONE? HEARING NONE, PLEASE CALL THE
>> AYE. >> MAYOR PRO TEM THORNTON?
>> AYE. >> COUNCILMEMBER GORDON?
>> COUNCILMEMBER THOMPSON? >> AYE.
>> COUNCILMEMBER PORTERFIELD? >> AYE.
>> MOTION PASSES 7-0. WHAT DO WE HAVE FOR A? ANYTHING FOR A ON
THE -- >> NO, WE'RE GOING TO BRING
THAT BACK AS THE 20TH. >> ALL RIGHT, WHAT ABOUT B?
[04:00:02]
>> B WE HAVE RESOLUTION NUMBER R-2025-342 TO PROVE THE FOURTH AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY AND THE TEXT DEVELOPMENT.
>> DOES ANYBODY WANT TO ACT ON THE RESOLUTION FOR 14 B?
>> MAKE A MOTION TO APPROVE RESOLUTION R-2025-342.
>> SECOND. >> MOTION BY MAYOR PRO TEM THORNTON, SECONDED BY COUNCILMEMBER MORRIS. ANNIE, ANY
DISCUSSION ON THIS MOTION? >> SORRY, I'M STILL WRITING ON THE OTHER ONE. SO THIS WAS FOR --
>> THE STAR RANCH. >> AND THE MOTION WAS TO
APPROVE? >> YES, THE RESOLUTION. ALL
RIGHT, PLEASE CALL THE VOTE. >> MAYOR PRO TEM THORNTON?
>> COUNCILMEMBER KING? >> AYE.
>> COUNCILMEMBER THOMPSON? >> AYE. TREND 26
>> MOTION PASSES 7-0. C, FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF HUTTO AND LENNAR HOMES .
>> MAYOR AND COUNCIL, WE'VE PREPARED RESOLUTION NUMBER R-202 5-3343 TO APPROVE THE FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED DEVELOP AN AGREEMENT BETWEEN LENNAR HOMES
IN THE CITY. >> DOES ANYBODY WANT TO --
>> WE'LL ENTERTAIN ACTION ON THIS ITEM.
>> WHICH ONE WAS THIS, FROM 14.1 C?
>> YEAH, LENNAR ENVY -- >> FIRST AMENDMENT -- THIS WAS THE ONE WHERE THEY GIVE US THE LAND.
>> MAKE A MOTION TO APPROVE RESOLUTION R-2025-343
>> SECOND. >> MOTION BY MAYOR PRO TEM THORNTON, SECONDED BY COUNCIL MEMBER MORRIS. ANY DISCUSSION ON
THIS ONE? >> HEARING NONE, PLEASE CALL THE
>> AYE. >> COUNCILMEMBER GORDON?
>> AYE. >> COUNCILMEMBER KING?
>> COUNCILMEMBER THOMPSON? >> AYE.
>> MAYOR PRO TEM THORNTON? >> AYE.
>> MOTION PASSES 7-0. E. WAS THERE ANYTHING FOR THE ESD?
>> ALL RIGHT, MOVE ON TO 15.2. WE JUST DID. 15.3, CONSIDER AND POSSIBLE ACTION ON RESOLUTION NUMBER R-2025-341 AUTHORIZING THE ACQUISITION, INCLUDING BY USE OF EMINENT DOMAIN , IF NECESSARY, OF REAL PROPERTY INTERESTS AS PART OF THE CR 137 PROJECT, CIP T05-2023 A-1660 REAL ESTATE , LLC, PARCEL TWO.
>> MAKE A MOTION TO APPROVE RESOLUTION R-2025-341 AS
>> MOTION BY MAYOR PRO TEM THORNTON, SECONDED BY COUNCILMEMBER MORRIS. ANY DISCUSSION?
>> WHAT'S THAT? >> WE THINK I MIGHT EXECUTE.
>> THERE YOU GO. I LIKE IT. >> ALL RIGHT, PLEASE CALL THE
>> AYE. >> MAYOR PRO TEM THORNTON?
>> AYE. >> COUNCILMEMBER PORTERFIELD?
>> COUNCILMEMBER THOMPSON? >> AYE.
>> MOTION PASSES 7-0. >> SO I HAD A QUESTION. 15.2 RELATED TO 14.1 A. IT WOULD TAKE ACTION ON THAT ONE?
>> WE'RE WAITING ON THAT. >> POSTPONED.
[16. CITY COUNCIL COMMENTS]
>> WE DIDN'T VOTE ON IT, WE JUST -- OKAY.
>> ALL RIGHT. BRING US TO ITEM 16.1, GENERAL COMMENTS FROM CITY
COUNCIL. >> I WISH THE TEAM GOOD LUCK AGAINST JOHNSON ON FRIDAY, AND HOPE THE CITIZENS HAVE A GREAT
THANKSGIVING. >> ALL RIGHT. THANK YOU, SIR.
NEXT THING WE HAVE 16.2, FUTURE AGENDA ITEMS. WHAT WAS THE ONE WE TALKED ABOUT THAT I HAVE COMING UP? I WAS GOING TO LET EVERYBODY KNOW ABOUT IT, BUT --
>> YOU AND I TALK ABOUT ONE? >> NOT THAT'S COMING TO MIND.
>> WE HAVE A MEETING COMING UP NEXT MONDAY. THE EDC. ALL RIGHT.
I DON'T KNOW WHAT IT WAS. ANY ANNOUNCEMENTS BEFORE WE CLOSE OUT? ALL RIGHT. WE'LL
* This transcript was compiled from uncorrected Closed Captioning.