[1. CALL SESSION TO ORDER] [00:00:07] >> AT 7:00 O'CLOCK IN WILL BE ABLE TO HALT THE CITY COUNCIL MEETING TO ORDER A. WE WILL START WITH THE ALL CALL. BE LED TONIGHT BY MR. PETER GORDON OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS. >> LET'S PRAY. OUR DEAR FATHER IN HEAVEN, WE ARE GRATEFUL FOR THIS OPPORTUNITY TO BE HAVE TOGETHER TONIGHT. WE'RE GRATEFUL FOR THE BUILDING WE HAVE THAT PROTECTS US FROM THE ELEMENTS AND ENABLES US TO GATHER TOGETHER AS A COMMUNITY TO BE ABLE TO GOVERN OURSELVES. WE'RE GRATEFUL FOR THIS WONDERFUL COUNTRY WE HAVE THAT ENABLES US TO DO THAT AND FOR THE FREEDOMS THAT WE ENJOY. WE ASK YOU TO BLESS US NOW IN THIS MEETING THAT AS OUR COUNCI MEMBERS DEBATE, DISCUSS AND DELIBERATE OVER THE THINGS THAT COME BEFORE THEM THAT THEY MAY BE ABLE TO MAKE DECISIONS THAT ARE WISE AND THAT ARE MEASURED, AND THAT WILL BE IN THE BEST INTEREST OF OUR COMMUNITY. WE ARE GRATEFUL FOR THEIR SERVICE AND THE SERVICE OF ALL THOSE WHO SERVE WITHIN THIS CIT IN WHATEVER CAPACITY THAT MAY B AN. WE ARE ESPECIALLY GRATEFUL FOR FIRST RESPONDERS AND THOSE WHO PROTECT OUR STAY IN AND OUT EVERY DAY THAT WE ARE ABLE TO LIVE FREE. WE ARE GRATEFUL FOR THE RAIN THAT HAS BEEN POURED UPON US. IT BLESSES THOSE OF US THAT WIL BE TRAVELING DURING IT THAT WE MAY BE ABLE TO BE SAFE IN THE FLOODING WILL BE KEPT AT A MINIMUM. AND WE ARE GRATEFUL FOR ALL THA MANY LESSONS THAT ARE POURED OU UPON THE SPIRIT WE ASK FOR ALL OF THESE THINGS IN THE NAME OF JESUS CHRIST, AMEN. >> PLEASE JOIN IN THE PLEDGE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH I STANDS, ONE NATION UNDER GOD INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. HONOR THE TEXAS FLAG. I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE. [Additional Item] >> NOW HAVE THE MEMBERS OF THE COUNCIL JAMIE UPFRONT FOR APPROXIMATION ABOUT DOMESTIC VIOLENCE AWARENESS MONTH. >> MEMBERS OF OUR HOPE ALLIANCE. >> WHEREAS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH IS A BASE SUPPORTING SURVIVORS, RAISING AWARENESS IN ENCOURAGIN PREVENTION EFFORTS AND EDUCATIO AND COMMUNITIES. INTIMATE PARTNER VIOLENCE AND FAMILY VIOLENCE REMAINS UNDERREPORTED NATIONWIDE BECAUS OF SAFETY CONCERNS. WHEREAS STILL VESTED VIOLENCE I A PATTERN OF ABUSE AND BEHAVIOR TO GAIN OR MAINTAIN POWER AND CONTROL OVER AN INTIMATE PARTNE OR FAMILY MEMBER THAT AFFECTS OVER 12 MILLION PEOPLE IN THE UNITED STATES ANNUALLY. WHEREAS ON AVERAGE, 24 PEOPLE PER MINUTES ARE PHYSICALLY HARMED, OR STOCKS FIGHT AN INTIMATE PARTNER IN THE UNITED STATES. WHEREAS ONE IN THREE TEENS IN THE UNITED STATES HAVE EXPERIENCED ABUSE FROM A PARTNE BEFORE BECOMING AN ADULT. WHEREAS IN ACCORDANCE TO THE TEXAS COUNCIL OF FAMILY VIOLENCE , IN 2024, THERE WERE 160 WHEN TEXANS KILLED BY AN INTIMATE PARTNER. IN 2025 THERE WERE TWO FAMILY VIOLENCE FATALITIES THAT THE POLICE DEPARTMENT RESPONDED TO, TO MEMBERS OF OUR COMMUNITY WIL BE REMEMBERED AT THE 2026 VIGIL ON OCTOBER 5TH, 2026. [00:05:01] WHEREAS HOPE ALLIANCE IS A COMMUNITY-BASED RESOURCE PROVIDING EMERGENCY SHELTER, ADVOCACY, AND COUNSELING SERVICES FOR SURVIVORS OF DOMESTIC VIOLENCE, AND 2025, HOPE ALLIANCE SERVED OVER 2500 SURVIVORS, RECEIVED A TOTAL OF 5,388 HOTLINE CALLS AND PROVIDE 9,169 SAFETY SHELTER NIGHTS FOR CLIENTS NEEDING SHELTER. WHEREAS ANY DOMESTIC VIOLENCE I INTIMATE PARTNER VIOLENCE REQUIRES COMMUNITY ACTION AND COLLABORATION BY LAW-ENFORCEMENT , HEALTHCARE PARTNERS, EDUCATORS, NONPROFIT ORGANIZATIONS, BUSINESSES, FAITH-BASED ORGANIZATIONS, ADVOCATES, THE TEXAS LEGISLATUR IN OUR JUDICIAL SYSTEM. WHEREAS THE CITY JOINS OTHERS ACROSS THE NATION IN SUPPORTING VICTIMS OF DOMESTIC AND PARTNER VIOLENCE. WE ENCOURAGE ACCOUNTABILITY AND EMPLOY A COMMUNITY OF LOVE, RESPECT, SAFETY AND COMPASSION FOR OTHERS PIVOTING THROUGH AWARENESS TO ACTION. WE STAND WITH SURVIVORS ALWAYS. NOW THERE FOR LET THE SAFETY COUNCIL OF HUTTO PROCLAIM DOMESTIC VIOLENCE AWARENESS MONTH. [APPLAUSE] >> GOOD EVENING. I AM KYLIE COLEMAN, THE SENIOR VICTIM SERVICES COORDINATOR FOR THE POLICE DEPARTMENT. AND WANT TO THANK YOU COUNCIL AND EVERYONE FOR ALLOWING US TO BE HERE WITH YOU TODAY. THE STATS THAT WE PROVIDED IS JARRING BECAUSE WE RESPOND TO TWO FATALITIES LAST YEAR. TO WORK FROM HUTTO. AND WANT TO MAKE SURE EVERYONE UNDERSTANDS HOW SIGNIFICANT THA IS. WE GET A REPORT FROM THE STATE EVERY YEAR AND WE KNOW THE NUMBERS JUST YET FROM THE STATE? THE NUMBERS ARE SIGNIFICANTLY HIGH ACROSS THE BOARD. WE WANT TO MAKE SURE WE ARE PROVIDING RESOURCES AND SERVICE TO ANYONE WHO MAY NEED THEM. SOME PEOPLE HAVE A DIFFICULT TIME REPORTING INCIDENTS TO THE LAW-ENFORCEMENT, SO EVEN IF SOMEONE IS NOT PREPARED TO REPORT TO LAW ENFORCEMENT IT JUST YET AND THEY WANT RESOURCES , WE CAN POINT YOU TO HOPE ALLIANCE OR OTHER RESOURCE THAT CAN ASSIST YOU WITH FAMILY ADVOCACY FROM CHILDREN ON UP TO ADULTS AND PROVIDE YOU WITH THOSE SERVICES BECAUSE WE DON'T WANT ANYONE TO SUFFER IN SILENCE . THAT IS THE MAIN GOAL HERE. WE PARTNERED WITH HOPE ALLIANCE THEY HAVE TWO SHELTERS, WE WILL LET THEM TALK A BIT, BUT WE WAN TO MAKE SURE OUR COMMUNITY UNDERSTANDS THAT THERE ARE RESOURCES WITHIN OUR POLICE DEPARTMENTS, WHETHER IT'S MENTA HEALTH SERVICES OR IF IT'S FAMILY VIOLENCE, INTIMATE VIOLENCE. WE ARE TRAINED TO PROVIDE THOSE RESOURCES TO THOSE INDIVIDUALS THAT NEED THE HELP. OUR OFFICERS ARE DEDICATED TO MAKE SURE THERE IS SAFETY IN OU COMMUNITY IN WE ARE DEDICATED T MAKE SURE THAT ALL OF OUR FAMIL VIOLENCE SURVIVORS AND VICTIMS HAVE JUSTICE. IF YOU NEED HELP, REACH OUT. THANK YOU. >> I AM THE BOARD PRESIDENT. I HAVE BEEN ON THIS BOARD FOR OVER 17 YEARS NOW AND I WOULD LIKE TO PERSONALLY THANK THE COUNCIL FOR THIS RESOLUTION. MY DAUGHTER LIVES IN HUTTO, SO APHASIA IS VERY PROTECTIVE OF YOU GUYS IN ALL THE OTHER POLIC AGENCIES THROUGHOUT THE COUNTY THAT PARTNER WITH US. IT IS A PROBLEM. HOPE ALLIANCE IS THERE 24-7-365. ANYTHING THAT NEEDS DONE, PROTECTION, ADVOCACY, TRIPS TO THE HOSPITAL, SO WE ARE VERY GRATEFUL FOR OUR RELATIONSHIP WITH ALL THE LAW ENFORCEMENT PEOPLE. AS YOU MENTIONED, WE'VE GOT THE CANDLELIGHT VIGIL ON THE 15TH AND WE ALSO HAVE A 5K RUN COMIN UP NEXT SATURDAY WHERE WE HONOR THE PEOPLE THAT HAVE LOST THEIR LIVES AND OTHER SURVIVORS. THANK YOU FOR THIS RESOLUTION, AND THANK YOU FOR INVITING US. [APPLAUSE] >> FOR THE MONTH OF OCTOBER WE ARE DOING A SHELTER DRIVE OF TOILETRY ITEMS, ALL OF THE PROCEEDS, ANYTHING THAT IS DONATED WE HAVE DONATION BOXES HERE AT CITY HALL IN THE BOBBY AND ALSO AT THE HUTTO POLICE DEPARTMENT IF YOU'D LIKE TO DONATE ANYTHING THAT WILL SUPPORT IRV SHELTERS WHERE ARE SURVIVORS FREQUENT AND GO TO FO A SAFE SHELTER SPACE WHEN THEY ARE IN FAMILY VIOLENCE SITUATIONS. IF YOU CAN DONATE GENTLY USED [00:10:03] ITEM, UNUSED TOILETRY ITEMS SO WE CAN MAKE SURE THEY HAVE SIGNIFICANT ITEMS SO THEY CAN HAVE SOME NORMALCY WELL BEING I A SHELTER SPACE. IF YOU COULD THINK ABOUT THINGS SUCH AS PHONE CHARGERS, FEMININ CARE PRODUCTS, BLANKETS, THINK ABOUT THOSE KINDS OF THINGS THA YOU ARE NOT ALLOWED TO GO BACK IF YOU ARE REQUIRED TO GO TO A SHELTER. IF YOU CAN, PLEASE DONATE. WE HAVE THOSE THROUGHOUT THE MONTH OF OCTOBER 31ST. THANK YOU. >> A PARTNER THAT WAY FIRMLY TOLD YOU THIS, BUT MOST ARE WE HAD WITH ONE OF OUR AND WE HAVE THE ABILITY TO USE IT FORGET TH AMOUNT OF ROOMS IS LIKE 20 YEAR ATTEND THE MONTH, SOMETHING THERE ARE ROOMS THAT ARE USED FOR THAT SPECIFIC PURPOSE. WE HAVE AREA BUSINESSES WILL BE ASKED THEY'RE ASKING US HOW CAN WE HELP OUR COMMUNITY AND ONE O THE WAYS WAS GIVE US SOME ROOMS AND WE HAVE A PERSON THAT NEEDS ASSISTANCE, THEY PROVIDED, SO W WILL MAKE SURE WE GIVE YOU THAT INFORMATION. >> THANK YOU. [APPLAUSE] [APPLAUSE] >> ARE YOU WATCHING THE GAME? >> THE FEVER. [5. CITY MANAGER COMMENTS] KINCAID MAYOR COUNCIL, WHILE YOU'RE ALL GETTING SETTLED, JAMES ART CITY MANAGER FOR THE RECORD, IT'S THE FIRST OF THE MONTH SO IT IS MY PLEASURE TO B ABLE TO INTRODUCE NEW EMPLOYEES WHO HAVE STARTED WITH THE CITY OVER THE LAST MONTH. THIS IS WHEN WE INTRODUCE THEM TO THE PUBLIC INTO BASICALLY TO EACH OTHER. IF YOU ARE HERE TONIGHT ATTENDING WHEN I CALL YOUR NAME PLEASE COME UP TO THE FRONT AND THEN JUST STAND THERE AND FEEL AWKWARD WITH A BUNCH OF PEOPLE LOOKING AT YOU UNTIL WE GET THROUGH THE ENTIRE LIST AND THE WE WILL HAVE A PICTURE, AND THE YOU INJURE FAMILIES ARE FREE TO GO OR STAY FOR ALL THE FUN. FIRST, IF YOU WOULD JOIN ME IN WELCOMING THE TEAM HUTTO, DUSTI WEAVER. [APPLAUSE] HE IS JUNE INC. TEAM SLEEP ON WITH A BACHELORS DEGREE IN CRIMINAL JUSTICE HE HAS SEVEN YEARS EXPANSION PATROL, STREET CRIME IN THEIR PRODUCTS RIGHT DUSTIN IS EXCITED TO BRING HIS KNOWLEDGE AND EXPENSE TO PROTEC THE CITIZENS OF HUTTO. DURING MEAT WELCOMING MICHAEL HALLE [APPLAUSE] >> HE IS JOINING TEAM HUTTO AS POLICE OFFICER. HE HAS SEVEN YEARS OF EXPERIENC IN THE ARMY, HE IS EXCITED TO KEEP LEARNING AND GROWING HERE WITH THE HUTTO WAY. NEXT, WELCOMING TO TEAM HUTTO, JEFF FISHER. [APPLAUSE] HE IS JOINING AS A PLANNING MANAGER PRETTY BRING 17 YEARS O EXPERIENCE IN URBAN PLANNING WITH A VARIETY OF MUNICIPALITIE ACROSS CENTRAL AND WEST TEXAS BIRD BUILDS A MASTER OF PUBLIC MINISTRATION AND BACHELOR IN REGIONAL PLANNING. HE WILL SUPPORT NEW BUSINESSES COMING TO TOWN AND BUILD GREAT NEW NEIGHBORHOODS. NEXT, JOIN ME IN WELCOMING ASHLEY REESE. [APPLAUSE] >> ASHLEY IS JOINING AS A HUMAN RESOURCES ADMINISTRATOR. SHE WAS IN TREATMENT COORDINATION SHE IS PURSUING A BACHELOR'S DEGREE IN ORGANIZATIONAL LEADERSHIP. IN HER FREE TIME, SHE ENJOYS GARDENING, TRAVELING, AND WATCHING MOVIES. NEXT JOIN ME IN WELCOMING TO TIMO HUTTO, THOMAS ANCHOR. TOM IS JOINING AS A CIP PROJECT MANAGER WITH A BACKGROUND IN CONSTRUCTION MANAGEMENT THAT SPANS 25 YEARS WORKING FOR A NATIONAL HOMEBUILDER. HIS ESPECIALLY EXCITED TO SHARE HIS PRIVATE-SECTOR EXPERIENCE AND NOTES TO FIND WAYS TO IMPROVE EXISTING PROCESSES FOR TOM LIVES BY THE MOTTO THERE'S BETTER WAY, NOW GO FIND IT. LASTLY TONIGHT, JOIN ME IN [00:15:07] WELCOMING TO TEAM HUTTO MASON LUNA. [APPLAUSE] MASON IS JOINING AS IN THE UTILITY TECHNICIAN. HE PRE- WHO WORKED IN THE SERVICE INDUSTRY, WENT TO BARBARA'S SCHOOL AND HIS FREE TIME HE ENJOYS CUTTING HAIR, PLAYING SPORTS, AND STAYING ACTIVE. WHEN I MET MASON EARLIER THIS WEEK HE SAID THIS IS MY FIRST REAL JOB. CITIZENS OF HUTTO, THESE ARE YOUR NEW EMPLOYEES THAT HAVE STARTED IN THE MONTH OF SEPTEMBER, SO THANK YOU FOR WELCOMING THEM. [APPLAUSE] TAKE IT THANK YOU. YOU HAVE A GOOD NIGHT. >> UPRIGHT, NEXT UP WE HAVE PUBLIC COMMENT. AND THEN GENERAL PUBLIC ITEMS. [7.1. 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.] WE CAN MOVE ON TO ITEMS OF WHIMPERED CONSIDERATION OF POPSICLE ACTIONS, APPOINTMENTS, AND REMOVALS TO CITY BOARDS, COMMISSIONS, TASKFORCES, ECONOMIC DEVELOPMENT CORPORATION , AND TAX INCREMENT REINVESTMENT ZONE BOARDS AND AREA GOVERNMENT. >> THANK YOU, MAYOR. I WOULD LIKE TO PROPOSE A NOMINATION FOR THE HUTTO ECONOMIC DEVELOPMENT CORPORATION . THIS INDIVIDUAL HAS MET WITH A COUPLE OF COUNCILMEMBERS AND HA SPOKEN WITH AND HAD DISCUSSIONS WITH SOME OF THE ECONOMIC DEVELOPMENT CORPORATION BOARD MEMBERS AND THE JOB APPLICATION IS REALLY IMPECCABLE FOR THIS POSITION AS ECONOMIC DEVELOPMENT . HIS LINKEDIN PROFILE AS WELL AN ALSO TALKING TO HIM FACE-TO-FACE , I THINK THIS IS AN EXCELLENT CANDIDATE. THAT GENTLEMAN'S NAME IS JOSHUA MITCHELL SO I WOULD LIKE TO NOMINATE JOSHUA MITCHELL TO THE VACANT HUTTO ECONOMIC DEVELOPMENT. >> AVA SECOND? >> SECOND. >> ANY DISCUSSION? >> AT LIKE TO MAKE AN AMENDMENT TO IT. THAT IT WOULD BE PENDING JOSHUA MEETING WITH THE EDC LEGAL AND GETTING APPROVAL THAT WITH HIS BACKGROUND, GETTING APPROVAL WITH HIS BACKGROUND THAT HE IS OKAY TO SERVE ON EDC. >> A DEGREE WITHOUT. >> DID YOU GET THAT? >> S. >> OKAY. ANY OTHER DISCUSSION? HEARING THAN, PLEASE CALL THE BOAT. >> [7.2. Consideration and possible action regarding recommendations or updates from City Council sub-committees (i.e. HISD, Fire Safety, CIP, DEIВ).] MOVING ON TO ITEM 7-2. RECOMMENDATIONS OR UPDATES FROM CITY COUNCIL SUBCOMMITTEES. IST DID NOT MEET, BUT I DID TAL TO THE CITY MANAGER WE HAVE A MEETING COMING UP IN OUR LOCAL AGREEMENT EXPIRES THIS YEAR. WE HAVE THREE MONTHS TO GO THROUGH THAT. OF FIRE SAFETY NOT MET. YOU WILL HAVE A MEETING? >> B DID, YES. WE MET WITH TEAMS, WE MET WITH STAFF AND WENT OVER SOME PROJECTS AND HAD A GOOD DISCUSSION. I DON'T HAVE A LOT TO SAY ABOUT THE. >> I THINK IT WENT REALLY WELL PAID VIC AND JEFF SET UP THE SCHEDULES HAVE HAVING QUARTERLY MEETINGS AND THINGS. I THINK WHEN OTHER THINGS THAT STAFF HAD SOME REALLY GOOD IDEA ABOUT KIND OF MANEUVERING SOME OF THE CIP PROJECT SCHEDULING AND FUNDING. I DON'T HAVE THE DETAILS IN FRONT OF ME, AND I'M WAITING FO A GUESS TO PROVIDE THE REST OF THAT PRETZEL MAY BE APPROACH THAT AT A LATER DATE AND SEE ABOUT ADJUSTING THAT. I ALSO EMPHASIZED THAT PLANNING AND ZONING IS SUCH AN INTEGRAL PART OF THE CIP AND CAP IS AN INTEGRAL PART OF THE BUDGET CYCLE, SO I THINK IN JANUARY OR FEBRUARY, WHEN THEY START MEETING PROBABLY EIGHT TO NINE [00:20:05] MEETINGS, THAT WE SHOULD HAVE SOMEBODY FROM THE CIP COMMUNITY ATTENDING VIRTUALLY OR PHYSICALLY AT THOSE MEETINGS AN REPORTING BACK TO THE SUBCOMMITTEE IN TO COUNCIL. >> OKAY. >> WE DID MEET ON SEPTEMBER 29TH . THIS WAS OUR SECOND MEETING FOR THE NEXT MEETING WILL BE OCTOBE. OR TRYING NOT TO SCHEDULE THESE SO THAT THEY ARE WITHIN A CLOSE TIMEFRAME OF THE NEXT CITY COUNCIL MEETING SO WE CAN REPOR WITH SOME NEW NEWS, NEW ITEMS O THAT. THERE IS A LOT OF GOOD DISCUSSIONS AND A LOT OF THINGS THAT WERE DISCUSSED READ THE THREE THINGS I CAPTURED OUT OF THAT AS FAR AS SPECIFIC ACTION ITEMS IS THAT FOLLOWING UP ON ALL THE COUNCIL WORK SESSION DISCUSSIONS, TRYING TO RECOVER ALL OF THAT TO UNDERSTAND THE PROGRESS OF THE CITY COUNCIL INTERACTION WITH THE COMMISSION IN BOTH THE WORK SESSIONS AND I THE CITY COUNCIL MEETING SPRAYE THERE'S ALSO EMPHASIS ON REWRITING WHAT WERE CALLING ITE NUMBER THREE OF THE ORDINANCE WHICH IS SECTION 2.0 TO WHICH I THE DUTIES, SO I THINK WE'RE AL HAVING HAND IN THAT. THAT WE'VE TAKEN ON THE ITEM SPECIFICALLY IN THE THIRD THING I CAPTURED WAS THAT IN THE CITY COUNCIL, EXCUSE ME, AND THE ORDINANCE, PART OF THE PURPOSE OF THIS IS ALIGNING THE ORDINANCE TO THE COMMISSION INT THE CITY'S STRATEGIC PLAN. IT MATTERS WHAT'S IN IT, BUT WHAT'S IMPORTANT TO ME IS THAT THEY ALL ALIGNED WITH EACH OTHER , SO THEY'RE ALL COMING FROM THE SAME PLACE, WHAT WE WANTED WANT TO DO, WHAT'S EXPECTED OF US AND WHAT WE CAN AND CANNOT DO. RIGHT NOW THE ORDINANCE SAYS FO UP DECEMBER MEMBERS ARE REQUIRE FOR QUORUM, BUT THERE'S SOME UNDERSTANDING AND THE COMMISSIO IN SUPPORTED BY COUNCILMEMBER THORNTON THAT THAT WAS AMENDED TO BE THREE ALTHOUGH THE DOCUMENTS DON'T SHOW THAT. WE ARE LOOKING AT THAT AND HAVING THE ORDINANCE UPDATED. I LEAVE THAT TO MY OTHER SUBCOMMITTEE MEMBERS. >> THANK YOU FOR THAT SUMMARY. THE ONLY OTHER THINGS THAT I WANT TO ADD IS THAT WE TALKED ABOUT THAT'S REALLY IMPORTANT I THAT WE'RE GOING TO WORK TO UNDER OUR ALIGNMENT OF STRATEGI PRIORITIES, WE TALKED ABOUT OF COURSE ALIGNING ALL OF OUR STRATEGIC PLANS ACROSS THE CITY AND WHAT THE DIB HAS PROPOSED O COMMUNITY SERVICES, THE COMMISSION WILL BE PROPOSING. WE ALL AGREED THAT WE WANT TO PRESERVE THE PURPOSE AND ORIGINAL VISION OF THE COMMISSION WHILE STILL CLARIFYING ITS PRESENT FOCUS AN RESPONSIBILITY IS. WE OUTLINED IN OUR FIRST MEETIN SOME OPERATING EXPECTATIONS TO USE THE SUBCOMMITTEE TOGETHER OVER FIVE RECOMMENDATIONS TO ESTABLISH AND MAINTAIN A REGULA MEETING CAJUNS, WHICH THANK YOU FOR GETTING OUT OUR CALENDAR SO WE CAN STAY ORGANIZED. WE AGREED TO MEET APPROXIMATELY EVERY TWO WEEKS MAINTAIN ACCOUNTABILITY TO THE MEDIA SCHEDULE AND ASSIGNED WORK AND DRAFT SPECIFIC MEANINGFUL CONVERSATIONS WHEN APPROPRIATE ASSIGNMENTS THAT CAN BE REPORTE BACK TO THE FULL COUNCIL AND COMPLETED UPON COUNCIL APPROVAL. >> I DON'T HAVE ANYTHING TO ADD. TWO THANK YOU GUYS COVER THAT. >> THANK YOU, FOLKS. [8.1. Presentation by DPFG, summarizing and providing a project update on the Limmer Square Public Improvement District (Christina Bishop)] NEXT WE HAVE EIGHT M A TEST ONE. SUMMARIZING AND PROVIDING A PROJECT UPDATE ON THE LUMIX WHERE PUBLIC IMPROVEMENT DISTRICT. >> GOOD EVENING. CHRISTINE THAT BISHOP ASSISTANC FINANCE DIRECTOR PRAYS THE NEXT THREE ITEMS ON THE AGENDA RELATED TO THE PUBLIC IMPROVEMENT DISTRICT. THE FIRST WILL BE TO REACQUAINT WITH THE NEXT ITEM WILL BE A PRESENTATION FROM HILLTOP SECURITIES WITH THE PLAN OF FINANCE FOR THEIR UPCOMING BOND ISSUANCE IN THEN ANDRE IS PULLING DOUBLE DUTY FOR A HILLTOP IN WILL BE PRESENTING THE NEXT ITEM, THE PRELIMINARY SERVICE AND ASSESSMENT PLAN. WITHOUT FURTHER ADO, WE WILL GE INTO THE PRESENTATIONS. >> GOOD EVENING. SET CRAWFORD, WE ARE THE SPECIA DISTRICT CONSULTANT TO THE DEVELOPER ON THE SQUARE PROJECTS . I'VE GOT A BRIEF PRESENTATION FOR YOU TONIGHT JUST TO REINTRODUCE EVERYONE TO THE PROJECT AND THE PUBLIC IMPROVEMENT DISTRICT. I KNOW IT'S BEEN SOMETIME SINCE WE'VE BEEN HER LASSO IT WANTED TO GET EVERYBODY UP TO SPEED. HERE YOU CAN SEE AN AERIAL RENDERING OF THE PROJECT IT'S A [00:25:01] 110 AT THE INTERSECTION OF 130, THE LAND USES ARE PROJECTED TO INCLUDES MULTIFAMILY TOWNHOMES AS WELL AS SOME NEIGHBORHOOD COMMERCIAL. HERE YOU CAN SEE THE LOCATION O THE VARIOUS LAND USES AS WELL A THE LOCATION OF THE PROJECT. 719 TOTAL RESIDENTIAL UNITS, 25 OF THOSE BEING THE SINGLE-FAMIL DETACHED, 204 TOWNHOME UNITS, 300 MULTIFAMILY UNITS AND 9 ACRES OF COMMERCIAL. A LITTLE BIT OF BACKGROUND. IN CONJUNCTION WITH CITY STAFF, DEVELOPERS WORKED TO PURSUE A PUBLIC IMPROVEMENT DISTRICT ON THIS PROJECT IS TO OPPOSE TO A MUDBRICK CITY COUNCIL APPROVED THE PUBLIC IMPROVEMENT DISTRICT AS WELL AS THE ANNEXATION OF TH PROPERTY INTO THE CITY LIMITS. THERE HAVE BEEN SOME SLIGHT ADJUSTMENTS TO THE PROJECTED BOND SIZING SINCE THESE SLIDES WERE PREPARED AND I KNOW ANDRE CAN GO INTO MORE DETAIL ON THAT. AS A RESULT, THE ESTIMATED TOTA COMMUNITY BENEFIT FEE TO BE PAI TO THE CITY BY THE DEVELOPER THROUGH THE MULTIPLE BOND ISSUANCES ROUGHLY TO $.1 MILLION . 1.7 OF THAT COMING FROM THIS INITIAL BOND ISSUANCE WE ARE DISCUSSING TONIGHT. $250 MILLION HAD BUILT OUT, PROJECTED FOR THIS PROJECT RESULTING IN JUST SHY OF $1 MILLION A YEAR TO THE CITY'S GENERAL FUND AS WELL AS $3 MILLION TO THE SCHOOL DISTRICT VERY THAT IS ALL I HAVE . I'M HAPPY TO ANSWER ANY OTHER QUESTIONS. WE HAVE REPRESENTATIVES FROM TH DEVELOPERS, THE DEVELOPER'S COUNCIL, THE ENGINEER. >> THANK YOU, SIR. QUESTIONS OR COMMENTS FROM COUNCIL? THIS WAS ORIGINALLY THE PEARL, RIGHT CLICKS. >> THAT'S CORRECT PHRASE I WILL SAY I EVERY SHEET YOU GUYS WORKING WITH US, I KNOW FROM A DEVELOPER STANDPOINT I APPRECIATE THEM LOOKING AT THE PIT AND GOING TO IT, I THINK IT'S GOING TO MAKE A BETTER PROJECT. I THINK IT'S GOING TO WORK BETTER WITH THE CITY AND I TALKED TO ONE OF THE REPRESENTATIVES, THEY SAID ANYTHING WE CAN HELP, THE PROJECT GETTING BEHIND SOMETHING , LET US KNOW BECAUSE WE DO CAN JUST THAT YOU GUYS BACK AND SWITCH AND GO THE PIT ROUTES, BUT I THINK OVERALL IT' BUDDY FOR THE SAFETY. IDEA APPRECIATES EVERYTHING THEY'VE DONE AND HOW THEY'VE WORKED WITH US. >> IT IS MUCH APPRECIATED WORK AND WE ARE EXCITED TO GET GOING. [8.2. Presentation by City's Financial Advisor, Hilltop Securities, summarizing the Plan of Finance to issue the Limmer Square Public Improvement District Area No. 1 Special Assessment Revenue Bonds, Series 2026 (Christina Bishop)] >> THEN WE WILL MOVE ON. PRESENTATION BASE OF THE ADVISORY HILLTOP SECURITY THE PUBLIC IMPROVEMENT DISTRICTS, SPECIAL ASSESSMENT OF REVENUE BONDS SERIES 2026. >> GOOD EVENING. I GOING TO FOCUS ON THE FINANCING PLAYER PLAN. CYCLE IS GOING TO PRESENT AN UPDATE ON THE PROJECT. BUT WHERE TO END TONIGHT IS REVIEWING A PLAN FOR AREA ONE O THE DISTRICT. THIS DISTRICT HAS TWO AREAS IN WE WILL CONCENTRATE ON AREA ONE WHICH IS SINGLE-FAMILY RESIDENTIAL AND THE COMMERCIAL AREA OF THE PITCH. SOME OF THE FINANCIAL PARAMETER WE HAVE HERE IS THE PIT IS SUPPOSED TO NOT EXCEED $40 MILLION IN ASSESSMENTS OR BONDS. WE ARE TARGETING A PITCH RATE O 93.12 PER 108 AUNT AS I CEILING ON CASH FLOWS. THE AMORTIZATION OF THE BONDS I TO BE 30 YEARS AS DISCUSSED WIT US, THIS APP AND DEVELOPER. WE HAVE ORDERED A THIRD-PARTY APPRAISAL SO WE CAN UNDERSTAND WHAT THE VALUE OF THE END WOULD BE AS IMPROVED. THOSE THINGS ARE IMPORTANT TO FOCUS ON AS WE DRIVE INTO THE FINANCIALS OF THE PIT. AS A RECAP COME OUT WE'RE GOING TO FOCUS ON AREA ONE. AS ZACH MENTIONED WE HAVE TO HUNDRED 14 TO HUNDRED FOUR TOWNHOMES AND 87,500 FEET OF COMMERCIAL SPACE. THE EXPECTED VALUE OF THIS AREA IS $164,980,000. USING OUR EXISTING TAX RATE RECENT REALLY APPROVES, THAT MEANS ROUGHLY $650,000 PER EAR AS INCREMENTAL PROPERTY TAX REVENUE TO THE CITY. SO WE RAN THE NUMBERS BASED ON THE CURRENT MARKET AND THE MARKET HAS BEEN CHALLENGING LATELY SO INTEREST RATES HAVE BEEN RISING OVER THE LAST FEW DAYS WE'VE HAD IMPROVEMENTS, BU OVER THE LAST SIX OR SEVEN WEEKS , THE MARKET HAS TAKEN A [00:30:03] TURN AND RATES ARE SIGNIFICANTL HIGHER. WE RAN THE NUMBERS FOR THIS PROJECT AND WE ARE DERIVING AN APPROXIMATE 17 MILLION, $114,00 WORTH OF ASSESSMENTS. THE WAY THIS WORK IS ASSESSMENT EQUAL BONDS SO THE BONDS WILL NOT BE MORE THAN THE ASSESSMENTS . IT WILL BE JUST WHATEVER IS LEFT . THIS APPROXIMATE AMOUNT MAY CHANGE UP OR DOWN WITHIN THE FINANCIAL PARAMETERS I JUST DESCRIBED. WHAT IS DRIVING THIS IS A 30 YEAR TERM OF THE ASSESSMENT AND THE PIT RATE. THESE BONDS ARE NOT SECURED BY THE GENERAL FUND, BY THE CITY'S PROPERTY TAX RATES, THEIR ENTERPRISE RATES, NONE OF THAT. THEY WILL BE SOLELY BY REVENUES AREA TO IS ALSO NOT INVOLVED IS JUST AREA ONE OF THE PIT. HERE ARE THE NUMBERS ON A PRELIMINARY BASIS. WHAT WE ARE TALKING ABOUT HERE IS AGAIN A 17-POINT TO MILLION DOLLAR BOND, THAT DEVELOPER WOULD BE REQUIRED TO CONTRIBUTE $13 MILLION FOR THE PROJECT. SO IT'S ROUGHLY 50-50 SPLIT. THE BONDS GENERATE FOR THEIR PROJECT, DEVELOPER CONTRIBUTION WHICH IS THE COST OF DEVELOPING A REAL ONE OF THIS FITS. IN ADDITION TO THAT WE HAVE SOM SET-ASIDES FOR INTEREST BECAUSE WE ARE COVERING INTEREST UNTIL SEPTEMBER. WE HAVE ALREADY GONE THROUGH TH BUDGET SO WE NEED TO SET ASIDE LITTLE BIT OF MONEY FOR THAT. MAP ARE TYPICAL RESERVE ACCOUNT AND THAT WE HAVE THE FINANCING COST AND THE A SMALL ALLOWANCE FOR ADMINISTRATION BECAUSE THEY ARE SELF SUSTAINED SO THERE'S N MONEY SUBSIDIZING THE PROJECT. EVERY YEAR WE WILL COLLECT A LITTLE BIT OF ADMINISTRATIVE LEVY TO COVER COSTS. THE PRELIMINARY METRICS, 30 YEARS IS WHAT WE HAVE AS AN AMORTIZATION. FISCAL YEARS, SO WE GO TO SEPTEMBER OF 2057. THE INTEREST RATE AMUSING RIGHT NOW IS SEVEN-POINT TOO. AGAIN, THAT IS HIGH, THAT'S WHA I'M USING FOR MODELING. HOPEFULLY GET ME GET TO A LOWER RATE AND IF WE DO, THE AMOUNT O ASSESSMENT AND BONDS GO UPRIGHT IF WE GET THE HIGHER, THE CONTRARY IS ALSO TRUE, SO ASSESSMENT AND BONDS COULD GO DOWN BECAUSE WE HAVE MORE INTEREST EXPENSE IN THE CASH FLOWS. OUR VALUED CELINE, WE DON'T HAV THE APPRAISAL YET SO JUST ON TH PRELIMINARY BASIS WHAT WE THINK WE ARE GOING TO GET IS 1.8-1 WHICH IS A GOOD RATIO. CLOSE TO TO IS VERY DIFFICULT FOR A PROJECT OF THIS NATURE. THE AVERAGE INSTALLMENT RATES I'M GETTING IS 93.08 WHICH IS UNDER THE PARAMETER IN MENTIONE BEFORE SO WE ARE ALL GOOD THERAPY OF THE RESIDENTIAL SIDE OF THINGS WE HAVE 418 PARCELS BETWEEN SINGLE FAMILIES AND TOWNHOMES. THE AVERAGE VALUE OF THOSE UNIT EXPECTED TO BE $310,000. THAT MEANS THE LIEN PER HOME OR PER TOWNHOME THERE ON AVERAGE I ABOUT 30 TO THOUSAND AND THE ANNUAL PAYMENT AS ROUGHLY TO THOUSAND $894. THERE IS NO PAYMENT DUE IN JANUARY BECAUSE WE HAVE GONE THROUGH BUDGET SO WE WILL HAVE SET ASIDE FOR 2027, THE FIRST BILL GOES OUT IN OCTOBER OF 202 AND IS DUE IN JANUARY OF 2028. THE BOND IS THE SAME, BUT DIFFERENT METRICS BECAUSE IT'S COMMERCIAL COMPONENT OF THE PROJECT. HERE WE HAVE 87,500 FEET OF COMMERCIAL EXPECTED TO BE WORTH ABOUT $400 PER SQUARE FOOT, WHICH MEANS WE HAVE A LIEN PER SQUARE FOOT OF ROUGHLY $42 AND THE ANNUAL INSTALLMENT PER SQUARE FOOT IS A LITTLE BIT LES THAN $4 PER YEAR. NOTHING TO BE BUILT UNTIL NEXT YEAR IN THEN THAT FIRST COLLECTION IS ALSO IN JANUARY O 2028. THE TIMING. IF THIS COUNCIL DECIDES TO MOVE FORWARD WITH THIS PLAN AND THEN WE DISCUSS THE PRELIMINARY SERVICE AND ASSESSMENT PLAN, WE WOULD BE POISED TO BRING A FORM OF THE BOND OFFERED DOCUMENT ON OCTOBER 15TH AND THEN WE WILL B READY TO HAVE THE ASSESSMENT ORDINANCE AND BOND ORDINANCE ON NOVEMBER 5TH. IF THAT IS SUCCESSFUL, THEN WE HAVE BEEN WORKING WITH OUR ATTORNEYS SO THE TRANSACTION CA CLOSE BEFORE THANKSGIVING. WE WILL DO A FAST CLOSE AND TRY TO GET THIS DONE BITE NOVEMBER 19TH. IN THE BACK OF YOUR AGENT A PACKET, YOU HAVE MORE NUMBERS I YOU ARE INTERESTED IN GOING THROUGH MORE OF THE DETAILS. >> QUESTIONS OR COMMENTS FROM COUNCIL? >> WHAT IS THE RATE THAT THE BOND RATE IS SET? >> IT WOULD BE ON NOVEMBER 5TH. >> THANK YOU. [8.3. Consideration and possible action on Resolution No. R-2026-186 of the City Council of the City of Hutto, Texas determining costs and calling a public hearing to consider levying assessments on property located within the Limmer Square Public Improvement District Area #1; including a presentation of service and assessment plan for said area; directing the publication and mailing of notice of such public hearing; and take appropriate action. (Alberta Barrett)] WE WILL MOVE ON TO ITEM A .3. THE RESOLUTION OUR-2026 TASH 18 OF THE CITY COUNCIL, DETERMININ COSTS TO CONSIDER LIVING ASSESSMENTS ON PROPERTY LOCATED WITHIN THE PUBLIC IMPROVEMENT DISTRICT AREA NUMBER ONE INCLUDING A PRESENTATION OF SERVICE AND ASSESSMENT PLAN FOR SITE AREA DIRECTING THE PUBLICATION AND MAILING OF NOTICE OF SUCH PUBLIC HEARING [00:35:03] AND TAKE APPROPRIATE ACTION. >> THANK YOU. AGAIN, I AM COVERING FOR OUR ASSESSMENT COUNCIL, THEY SENT THIS PRESENTATION TO ME TO SUMMARIZE, SO HERE IS THE MAP SEE YOU CAN GET A VISUAL OF THAT . WE'RE ONLY TALKING ABOUT AREA ONE. I'M NOT GOING THROUGH OTHER DETAILS BUT AREA WHEN IT IS THE ONE WHERE TALKING TO AREA TO IS SOMETHING WE WILL DEAL WITH AND THE FUTURE. THE PRELIMINARY SERVICE AND ASSESSMENT PLAN ONLY SPEAKS TO AREA ONE. EVERYONE AS THE FOCUS OF THIS ONE AND WHERE ASSESSMENTS WILL BE LED. HERE ARE THE DETAILED NUMBERS O THAT PRELIMINARY SERVICING ASSESSMENT PLAN. OF NOT GOING TO GO THROUGH EVERYTHING, BUT IT WILL SHOW YO WHAT IS ELIGIBLE TO BE PAID FOR. HAVE THE TYPICAL ROADWAY DRAINAGE, WASTEWATER, THINGS OF THAT NATURE WHETHER THEY ARE LOCAL IMPROVEMENTS TO AREA ONE, OR MAJOR IMPROVEMENTS WHICH MEANS THOSE ARE IMPROVEMENTS THAT BENEFIT AREA ONE AND AREA TO, ALL OF THE DETAIL IS IN YOU PRELIMINARY ASSESSMENT PLAN. THINK OF THAT DOCUMENT AS SUMMARIZING WHAT THIS PIT IS REALLY DOING. AND CHOSE THE ASSESSMENTS THAT WE HAVE TO PAY FOR THOSE IMPROVEMENTS WHERE THE DEVELOPE HAS TO CONTRIBUTE AS WELL AS A LOT OF THE METRICS THAT I DISCUSSED. HERE IS JUST SOME OF THE METRIC THAT ARE IN THERE THAT I JUST DESCRIBED. AND INITIALLY WE HAVE TWO PARCELS SO WHAT ARE ASSESSMENT CONSULTANT SHOWS ERAS THAT HERE IS THAT PARCEL ONE HAS AN APPROXIMATE $17 MILLION ASSESSMENTS, THE OTHER PARCEL, ABOUT 153,000 IF YOU ADD THOSE TWO UP, BEGETS THE NUMBER I JUS PAPER BEFORE. AS THE PROJECT KEEPS MOVING ME TO BUY THIS PARCEL SO THE ASSESSMENT GETS DIVIDED AMONGST THOSE PARCELS. WITH THAT, I WILL TAKE ANY QUESTIONS ON THE PRELIMINARY SERVICE ASSESSMENT. >> BY APPROVING THIS RESOLUTION OVERDOING THAN IS SETTING UP A PUBLIC HEARING? >> WHAT WE'RE DOING HERE, BESIDES PROVING THIS PRELIMINAR PLAN AS CALLING A PUBLIC HEARIN FOR THE LEVY OF ASSESSMENT ON NOVEMBER 5TH. HE OKAY. QUESTIONS OR COMMENTS FROM COUNCIL OR ACTION? >> DIA HAVE TO CALL THE PUBLIC HEARING? >> B JUST HAVE TO PASS A RESOLUTION. >> PICKY I GOT YOUR. >> MOTION TO APPROVE THE RESOLUTION AS RED. >> SECOND. >> ANY DISCUSSION ON THE MOTION? HEARING THAN, PLEASE CALL THE VOTE. >> [8.4. Capital Improvement Projects (CIP) Updates and Presentations (Kate Moriarty)] HAVE ITEM 84, CAP BAITS BEATS AND PRESENTATIONS. >> GOOD EVENING. EXECUTIVE DIRECTOR OF ADMINISTRATIVE SERVICES. >> KATE, YOU BE DOING THESE MOR LIVING FORWARD OR WILL IT BE TIME? >> MICE HAVE FOR NOW. WE HAVE CAP ENGINEER INTERVIEWS IN THE NEXT FEW WEEKS. I HEARD P.M. >> DOES HE HAVE AN ARCHITECTURA RULER? >> NOT YET. OKAY, GETTING INTO TRANSPORTATION. T4 REALLY NONSUBSTANTIVE UPDATE HERE OUTSIDE WE ARE WORKING WIT A CONSULTANT TO ENSURE THAT THERE ARE VARIOUS SPECIFIC CONTRACTORS THAT ARE ONLY APPROVED TO WORK ON UPR PROJECTS , SO WE ARE ENSURING THAT OUR TIMELINES ARE ALIGNED WITH ERRORS AND THAT'S NOT GOIN TO BE A PROBLEM GUM FOR JUNE ANTICIPATED LIT DATE. THAT'S REALLY ALL HERE. 137, WE JUST RECEIVED A CHANGE ORDER BASED OFF THE REDESIGN SO AS YOU MAY RECALL, PENDING THE REDESIGN THAT WAS NEEDED TO NOT USE OR PROVIDE ON THEY DID RETENTION PONDS AT THE MIDDLE SCHOOL, THIS IS THE WORK THAT'S GOING TO BE ASSOCIATED WITH THA THAT INCLUDES ADDITIONAL DIGGING , NOT USING THE DETENTION PONDS, THAT INCLUDES ADDITIONAL DIESEL AND KIND OF ANCILLARY COSTS THAT WILL BE REQUIRED FOR THE PROJECT. THAT IS SAID TO GO TO THE EDC NEXT MONDAY SO THAT WILL BE CONSIDERED THERE. THEN WE ARE ANTICIPATING THEIR CHANGE ORDER PROPOSALS YOU HAD ALWAYS PREVIOUSLY REQUESTED. IT WAS PRIOR TO 10-15, BUT NOW I'M TOLD THAT AT THE MEETING WA MOVED UP SO WE WILL SHARE THAT [00:40:03] ONCE WE RECEIVE THEM, BUT THAT WON'T LIKELY COME BEFORE YOUR NOVEMBER MEETING. >> JUST BECAUSE PEOPLE, THERE'S A LOT OF PEOPLE FRUSTRATED WITH THIS, CAN YOU TELL US OR TELL M IF I'M WRONG IN THAT WE KIND OF HAD TO DO THE PREVIOUS EMPLOYER WE HAD A VERBAL AGREEMENT THAT WEAVER GOING TO DRAIN THE ROAD UNTIL THE IST DETENTION POND AN IMPROVE SOME OPERATIONAL DEFECT THAT THEY HAD. SO WE WENT DOWN THAT ROUTE AND AT SOME POINT, IT NEVER QUITE GOT IT PAPERED AND WHEN THE TIM CAME, THE DIRECTIVE FROM ISD CHANGED VERY DIDN'T GO THROUGH LIKELY THOUGHTS WE HAD TO REDESIGN THE ROAD IN TERMS OF HOW IT WAS GOING TO DRAIN. IS THAT ACCURATE? >> CORRECT. >> HOPEFULLY ALERTED THE ISD TO WHAT THEY NEED TO FIX IN TERMS OF OPERATIONS AND HAVE THAT READY? >> YES. WE ARE MEETING WITH THEM PRETTY ROUTINELY. WE HAVE A STANDING WEEKLY MEETING WITH THE ISD JUST TO TALK ABOUT ANY ASSOCIATED PROGRESS, ANTICIPATED TO RETURN TO WORK AT THE END OF THE MONTH RIGHT NOW THERE'S NOT A LOT TO BE DISCUSSING OUTSIDE OF THE TC TO GET BACK ON THE DETENTION POND OF PROPERTY AND RESTORE THOSE TO THE ORIGINAL STATE THE WERE IN, BUT WE ARE ACTIVELY COORDINATING WITH THEM. LEAVE DISCUSSED THE IMPACT OF THE LACK OF PEDESTRIAN ACCESSIBILITY BIRD THE ROUNDABOUT WILL BE UNDER CONSTRUCTION IN THEY COMMUNICATED VECTOR THEIR BOARD THAT THEY'RE GOING TO HAVE TO SHUFFLE AROUND SOME RESOURCES FOR BUSING STUDENTS IN WE ARE I CONSTANT CONTACT WITH THEM. >> I APPRECIATE YOU GUYS TRAINE TO WORK IT OUT TO WHERE WE COUL FIX THE DETENTION POND THAT WAS HOLD THE WATER AND SAVE THE MONEY. PROCESSED OF LATE AND HOW THEY HAVE TO GO SPEND WHEN THEY, YOU GUYS TO AT LEAST TRY JUST SAVE EVERYBODY TIME AND MONEY BY WORKING TOGETHER. SO I DO APPRECIATE THE EFFORTS THERE. >> WHAT IS THE TIMING YOU SAID ON THE ISD MEETING? >> THE EDC. THEY CHANGE ORDER WHICH HAS CHANGE ORDER TO FOR MONDAY, AND THEN, WHAT'S AT THE ACCELERATED CHANGE ORDERS LOOK LIKE FROM CAPITAL. THERE WAS PREVIOUS DIRECTION FO THEM TO PREPARE SOME ACCELERATE OPTIONS AND THAT'S WHAT THEY'RE WORKING ON RIGHT NOW. >> SO IT'S EDC, I MISHEARD. >> OKAY. ADDITIONAL LEGAL COUNCIL COORDINATION ON THE SIDEWALK PROJECT, PART OF THE PROJECT, ADDITIONALLY STAFF IS WORKING WITH WSB WHO WAS THE ORIGINAL DESIGN CONSULTANTS OF THE SIDEWALKS TO DISCUSS A PROPOSIN OF TRAFFIC ANALYSIS IN THEN WHA AN ICE ANALYSIS COUPLE LOOKS LIKE FOR THE RECONSTRUCTION WHICH I BELIEVE IS VENTED FOR FISCAL YEAR 28. GETTING THE BALL ROLLING AND HOPING THAT WILL COME TO YOU IN NOVEMBER FOR ALL OF YOU TO CONSIDER AND START DISCUSSING. EXCHANGE BOULEVARD ROUNDABOUT RED CRYSTAL WAITING ON THAT ONE RIGHT AWAY PARCEL THAT IS OUTSTANDING NOTETAKING WE HAVE OUR COMPLETED PLAN WHY CARE. THIS IS SOMETHING WE ARE STARTING UP. THIS IS HAVING BASICALLY AN ON-SITE REVIEW WALK-THROUGH WIT THE ESD REPRESENTATIVE IS COME UP WITH ISD REPRESENTATIVES, TO UNDERSTAND WHAT THE PROJECT IS GOING TO LOOK LIKE, WHAT THE TRAFFIC PHASING IS GOING TO LOO LIKE, WHAT IMPACTS THAT WILL HAVE TO BUSINESSES. THIS WENT REALLY WELL. IT WAS REALLY GOOD, WE APPRECIATED THE DESIGN CONSULTANT BEING OVER THERE. AND WE THINK IT WAS REALLY VALUED TO KNOW WHAT THEIR ACCESSIBILITY WAS GOING TO LOOK LIKE. THEY HAVE SUBMITTED THEIR PERMI TO RELOCATE. THAT'S THE ONE THAT IS OUTSTANDING, SO THAT IS MOVING. >> DIA HAVE AN ESTIMATED COMPLETION OF THAT? >> I DO NOT KNOW WHAT THE PERMI SAYS, HOPEFULLY THAT MOVEMENT I IN ALIGNMENT WITH THE PERMIT. >> IT NOT OFF THE TOP OF YOUR HEAD, BUT I KNOW IT'S BEEN DIFFICULT WITH THE OTHER ISSUES OF THE CITY. >> WE WILL SEE. >> THANK YOU. >> MAINE IN 1660, THIS IS AND I HAVE SOME FOLLOW-UP FROM THE SUBCOMMITTEE MEETING THINKING BACK TO THE JUNE WORKSHOP YOU HAD REGARDING CIP. FIRSTLY, THE WIDTH ISD IS FOR INTERSECTION IMPROVEMENTS IMPROVEMENT SIGNAL RISING THE INTERSECTION. AND POTENTIALLY A RIGHT-HAND TURN LANE, I WILL NEED TO [00:45:01] CONFIRM THAT. THEY ARE ANTICIPATING ORDERING THE POLLS IN NOVEMBER AND STARTING THE CONSTRUCTION IN FEBRUARY, SO PREVIOUSLY, THERE WAS DISCUSSION ABOUT THAT JUNE WORKSHOP OF MOVING SOME EIGHT PLUS MILLION DOLLARS OFF OF THE CIP BECAUSE THAT WAS GOING TO B WORKED ON WITH THE ISD, THAT DO SEPARATE, THAT IS A SEPARATE MOBILITY MASTER PLAN PROJECT FOLLOWING THE SUBCOMMITTEE PROJECTS, WHEN I GO THROUGH AND BREAK OUT THE PHASING OF EACH CIP PROJECT, I WILL ENSURE THAT THEY ARE, BUT I'M FLAKING THAT AS THAT MAY BE A FUTURE POINT O DISCUSSION WE CAN TALK THROUGH LITTLE BIT MORE. >> AND THE SIGNAL. PEOPLE ASK ABOUT THIS, THE ISD IS PERMITTING AND CONSTRUCTING IT, WE'RE JUST REALLY REIMBURSING A PORTION OF THE COST. ANY DELAYS, HOW TO GET STARTED, THIS IS THE ONE THAT ALL WERE DOING IS REIMBURSING. THIS IS AN ISD PROJECT. >> CORRECT. CORRECT. WHEN 63, WE ARE AT 90 PERCENT DESIGN COMPLETION. THIS IS SLATED FOR CONSTRUCTION IN FISCAL YEAR 29. WE NEED TO NEGOTIATE PARCEL SO REALLY NO OTHER SUBSTANTIVE UPDATE HERE EITHER. 199, DESIGN IS EFFECTIVELY COMPLETE, WE JUST HAVE SOME OUTSTANDING RIGHT-OF-WAY THAT NEEDS TO BE FACILITATED. ALLIANCE BOULEVARD. SO BELIEVED BELIEVE PRIOR DISCUSSION HAD INCLUDED THAT WHILE T 21 HAS BEEN IDENTIFIED HISTORICALLY ON THE FIVE-YEAR CIP PLAN AS ALLIANCE EXPANSION, IT IS KIND OF JUST SIGNED THAT WAY. THE DESIGN INCLUDES RIGHT HAND TURN LANE SPECIFICALLY AT THE DRIVEWAY, THE YMCA DRIVEWAY IN BELIEVE TURNING ONTO SCHNEIDER BOULEVARD. AS OF RIGHT NOW WITH REVIEWING WITH CITY MANAGER, WITH OUR TRANSPORTATION ENGINEER, STAFF DOES NOT FEEL OR DOES NOT HAVE THE DATA TO ENDORSE THAT THIS I A VALUABLE PROJECT TO FUND WITH CONSTRUCTION. WE ARE REVIEWING WHAT THIS NEED TO LOOK LIKE, WHAT EXPANSION MIGHT NEED TO LOOK LIKE, WHAT TRAFFIC ANALYSES MIGHT BE APPROPRIATE HERE FOR US TO INFORM WHAT IS NEXT, BUT THAT I WHAT WE ARE REVIEWING. >> SO THAT PROJECT WAS PRETTY MUCH DESIGNED OTHER THAN IT HAD TO GO BACK FOR SOME REVISIONS DUE TO TEXTILE PUTTING THE LEFT TURN LANE AND ON 79, RIGHT? >> MY UNDERSTANDING IS THAT ANY KIND OF INTERSECTION IMPROVEMENTS, WHETHER IT WAS RIGHT AND OR RIGHT OUT AT 79 GOING INTO ALLIANCE, WAS NEVER PART OF THE SCOPE. SO TO THAT POINT THAT YOU JUST MADE, WHAT THE DOT IMPROVEMENTS WERE MADE ON 79, THAT'S REALLY NOT AN OPTION ANYMORE SO THERE NEEDS TO BE A DETERMINATION WIT THE RESPECTIVE CONSULTANT AND OUR STAFF YEAR TO DETERMINE WHA IS VALUABLE FOR ALLIANCE BOULEVARD. >> SO MUCH OF MOST OF IT IS DESIGNED. >> IS FULLY DESIGN. >> SO, REVIEWING TRAFFIC IMPACT ANALYSES THAT HAVE BEEN DONE AROUND ALLIANCE BOULEVARD TO DETERMINE WHAT DATA IS VALUABLE TO PULL FROM THERE IN THEN I WOULD THINK DETERMINING WHAT TRAFFIC IMPACT ANALYSIS WE MAY NEED. IF THERE ARE GAPS IN THE DATA W DO HAVE, HOW ARE WE SUPPORTING THAT TO DETERMINE WHAT'S APPROPRIATE HERE? >> IF I MIGHT, EFFECTIVELY, WHA HAPPENED IS WHEN WE WERE ASSESSING ALL OF THE CIP PROJECTS AND WE GOT TO THIS ONE WE RECOGNIZE THAT THE PROPOSED IMPROVEMENTS DIDN'T ADD ANY ADDITIONAL CAPACITY TO THE ROAD SO WE WOULD HAVE BEEN SPENDING MONEY TO MAKE THE ROAD LOOK NICER AND NOT PHYSICALLY HELP TRAFFIC. >> LET ME ASK YOU THIS. WHY DID YOU AND YOUR STAFF GIVE US A PROPOSAL TO DESIGN A ROAD THEY DID NOTHING BECAUSE THE PLOT, LIKE I SAY, WE SEE A CHANGE ORDER, WHATEVER THAT AMOUNT IS AS WASTED MONEY WE SPENT OUT THE WINDOW. IF IT'S 100,000, THEN TO ME, YO BETTER COME TELL US WHY YOU NEE $100,000 TO FIX THE ROAD AND WH YOU GUYS BROUGHT IT TO US INAPPROPRIATELY BECAUSE I MEAN IT'S STUFF LIKE THAT THAT JUST ABSOLUTELY DRIVES ME INSANE WAR AND OF GETTING DISCIPLINED BECAUSE I CAN'T HANDLE THAT AMOUNT OF WASTE. YOU GUYS REALLY THINK IT NEEDS MORE, I THINK YOU NEED TO JUSTIFY WHY IT NEEDS WORK CAPACITY OTHERWISE A PLAN, WE JUST STARTED DESIGNING THIS A YEAR AGO TO DESIGN IT, COME BAC HERE LATER AND CHANGE YOUR MIND AND NEED MORE CAPACITY. MCCANN GET RID OF THE CITY ENGINEER, HE'S ALREADY GONE, BU [00:50:03] IT'S JUST UNACCEPTABLE. >> PART OF THE REVIEW A STAFF I DOING IS TO DETERMINE IF ANYTHING IS NEEDED RIGHT NOW. IT MAY RESULT IN NOTHING BEING BROUGHT FORWARD AND WE WILL LET YOU KNOW IF THAT IS THE WAY IT GOES. >> IT WAS LIKE TWO OR 300 AND THINK, I CAN'T REMEMBER THE NUMBER. >> IT STILL CAN BE BUILT, IT WILL JUST BE AN AESTHETIC IMPROVEMENT AND NOT UP MOBILITY IMPROVEMENTS, AND THAT'S NOT NECESSARILY WHAT WERE INTERESTE IN DOING RIGHT NOW. >> I HEAR YOU. WHAT WE WERE TOLD NEVER WAS LIK A COME OVER JUST GOING TO MAKE ROADWAY LOOK BETTER, WILL SPEND 300,000, I DON'T THINK CONSULATES HAVE SPENT THAT IT WAS GOING TO IMPROVE THE MOBILITY IN THEN TO COME BACK AND SAY WE CHANGED OUR MIND, IT'S NOT GOING TO DO IT. SOMEONE'S GOING TO HAVE TO GET, BECOME CHEMICAL AS THE TAXPAYER FOR MORE MONEY WHEN THEY DID MAKE THE MISTAKE GREATNESS OF PEOPLE AND HERE THAT MADE THE MISTAKE PENCILS EVENTUALLY. YOU MAY COME BACK AND SAY AFTER SECOND THOUGHT, WE DON'T NEED T WIDEN. I TRAVEL THAT ROAD A LOT, AND PERSONALLY, UNTIL YOU GET RIGHT TO THE WAY, ANYTHING NORTH OF THAT, THE TRAFFIC IS VERY LIMITED. SO I DON'T KNOW THAT THIS IS EVER GOING TO BE SOME MAJOR ROAD . >> AND THAT WAS THE BIGGEST ISSUE I THINK IS REALLY THAT, I KNOW WE HAD TALKED ABOUT ONLY IMPROVING FROM PARKER STREET SOUTH, BUT EFFECTIVELY, THAT IS SUCH A SMALL STRETCH OF ROAD, EVEN WITH THE TRAFFIC THAT'S BEING ROUTED THROUGH THERE TODAY , THAT THE IMPROVEMENT WOULDN'T ACTUALLY HELP THE TRAFFIC. IT WOULD CERTAINLY WIDEN THE LANES AND MAKE THEM MORE STANDARDIZED, IT WOULD ADDRESS THE DRAINAGE AND THAT SORT OF STUFF IN DEDICATED RIGHT HAND TURNS INTO PICKY END CHEWIES, BUT THAT DOESN'T ACTUALLY MAKE IT ANY BETTER IF THAT MAKES ANY SENSE FOR TRAFFIC PURPOSES. >> IT COULD SAY THAT THE WE KNE THERE WAS GOING TO BE CERTAIN BUILDINGS SO ONE COULD SAY THAT MAY BE PROJECT PART OF HAVING A BILLION-DOLLAR COMPANY PLUS THE OTHER BILLION-DOLLAR COMPANY OU THERE MAY HAVE RESULTED IN SOME ROAD CHANGES AND HOPEFULLY VOTE IMPACT FEES WOULD COVER A LOT O THAT. >> AND THIEVES AT THE CERTAIN THINGS THAT HAVE BEEN TAKEN INT ACCOUNT, ALSO WITH THE RAFTING FOR SPROUTS AND WHAT HAVE YOU. SO ORIGINALLY WE WERE GOING TO ROUTE THROUGH DOWN TO ALLIANCE, BUT NOW WE'VE COME UP WITH THE SOLUTION THAT GETS THE TRAFFIC MOVING FROM INNOVATION ONTO 130 FRONTAGE ARE 79 FRONTAGE IN THA ULTIMATELY, IF BLUE ORIGIN ENDS UP HAVING MORE EMPLOYEES DEFEND WHAT THEY ARE ANTICIPATING, THE IT MAY BE BACK TO BEING SOMETHING WE DO NEED TO EXPAND. >> OKAY. THE PREVIOUSLY SELECTED NOT CURRENTLY ENGAGED JUST I'M CONSULTANT TO DETERMINE WHAT TH SCOPE NEEDS TO LOOK LIKE HERE, THIS IS NOT ON THE MOBILITY MASTER PLAN. FURTHER TO THE POINT THAT WAS JUST MADE, NO IMPROVEMENTS MAY BE NEAT NEEDED HERE, SO WE ARE REVIEWING SIMILAR TO THE ALLIANCE, WHAT THE RECENT TIAS THAT ARE ON INNOVATION BOULEVAR IN THE AREA INDICATE AS NEEDED FOR THE ROADWAY IN WE WILL FOLLOW-UP WITH MORE INFORMATION WHEN THAT IS AVAILABLE. >> I COULD SEE THAT ROAD IS USE A LOT TODAY TO GET ON AND OFF 130. FIT WITH THE DESIGN AND CONSTRUCTION OF THE 130 FRONTAG ROAD, YOU HAVE TO ASK YOURSELF AND THAT'S WHAT THE TRANSPORTATION PEOPLE DO, HOW MANY PEOPLE ARE NOW GOING TO US THE ROAD WHEN THERE'S A FRONTAG ROAD THAT DOES THE SAME THING. >> STATE HIGHWAY 130 NORTHBOUND THE PROPOSED SCOPE BY THE DESIG CONSULTANT HAS BEEN SUBMITTED T THE CITY IN THE SAME REGARD, THEY HAVE ALSO SUBMITTED THEY'R PROPOSED SOUTHBOUND SCOPE SO WE ARE ANTICIPATING BOTH OF THOSE COMING TO YOU IN NOVEMBER OR EARLY DECEMBER FOR REVIEW THEY NORTHBOUND WILL EFFECTIVELY BE THE PROPOSED DESIGN SCOPE FOR THE ROADWAY THE CELL SOUTHBOUND WILL BE PRELIMINARY SCHEMATICS AND ENSURING THAT WE DO NOT NEE THE LAST OF THE ON THE SOUTHBOUND. WHEN 30 TO REALIGNMENT, THIS IS 100 PERCENT DESIGN COMPLETE. THIS IS IDENTIFIED AS A SPONSORSHIP ONLY ON THE FIVE-YEAR CIP. CAN KEEP THIS ON THE PRESENTATION IF YOU WOULD LIKE TO SEE YOU KNOW THAT IT'S FAIR, [00:55:01] BUT THERE IS REALLY NO FURTHER ACTION TO BE TAKEN AT THIS TIME. OF QUEST, IF THERE WAS A POTENTIAL DEVELOPER TO COME IN AND HELP US DELIVER OTHER PROJECTS, I WOULD BRING THAT BACK UP AS A POINT OF DISCUSSION . >> IT'S 100 PERCENT DESIGN COMPLETE, BUT WE DON'T HAVE ANY KIND OF FOOD OR CONSTRUCTION CONCERN BRIGHT IS THERE ANY BUT ANY WORRY ABOUT DESIGNING TOO FAR IN ADVANCE? >> CURRENTLY, THIS PROJECT ALON WITH I WANT TO SAY TWO OR THREE OTHERS ON YOUR FIVE-YEAR CIP IS EXPECTED TO BE DESIGNED AND THE SHELVED, WITH THE ANTICIPATION WE HAVE A DEVELOPER COMMITTED I EITHER COST PARTICIPATE OR BUIL THE ROAD IN THEN THOSE DESIGNS ARE READILY AVAILABLE. >> THIS IS ALSO ONE OF THE ONES THAT YOU ARE PROPOSING TO BE SUBMITTED FOR CONSIDERATION. >> YES, TWO LAMBS AND COUNTY FURTHER 2027 BOND COLLECTION. YES. >> THANK YOU. TO GIVE THE INNOVATION EDGE MEANT. THEY ARE PROGRESSING ON THEIR ICE ANALYSIS YOU ALL PREVIOUSLY IMPROVED GREAT WE ARE ANTICIPATING THAT PRESENTATION TO COME BEFORE YOU BEFORE THE END OF THE CALENDAR YEAR TO ILLUSTRATE THEIR FINDINGS IN THEN GET DIRECTION FROM UL ON WHAT YOU WOULD LIKE TO SEE THRE DESIGN. EFFECTIVELY THE SAME UPDATE ON THE OTHER PROJECTS, THEY ARE TRACKING ON THEIR ICE ANALYSIS AND ALSO ANTICIPATING THAT IF THE END OF THE CALENDAR YEAR AS WELL. >> WHAT WERE THE FOUR PROJECTS THAT WERE WORKING ON THIS FISCA YEAR? >> AT THE EXTENSION, EXCHANGE BOULEVARD, IT'S NOT EITHER OF THE LIMITED PROJECTS BECAUSE TH ICE ANALYSES ARE GOING TO PROMP NEARLY FULL REDESIGN. THOSE TWO IT WAS ALLIANCE, AND THEN I DO NOT RECALL THE FOURTH IMMEDIATELY. >> JAMES PROBABLY REMEMBERS. >> WAS AT 137? OKAY SO YOU HAVE TO GET ALLIANC FIGURED OUT QUICK. >> AND SAID THAT WAS GOING TO D ABOUT HER ONGOING GO UP THERE M HARD HAT AND A SHOVEL AND STARTED CONSTRUCTION. >> CARL STERN AND CHRIS KELLY, WE'RE PREPARING FOR BABBLING BIDDING. WE DETERMINED WITH OUR UTILITY COORDINATION CONSULTANT THAT WE ARE THE UTILITY CONFLICTS. REDID CONFLICT OUR WATER PLAN AND ENSURE THERE IS A CASING ON THAT WATER BLEND, BUT OUR WASTEWATER VINE AND STILL IN TH RIGHT OF WAY IN WE ARE ENSURING THAT THEY DON'T HAVE ANY EFFECTIVE NEED FOR US TO DO ANYTHING DIFFERENT OR TO MAKE ANY ADJUSTMENTS WITH OUR WASTEWATER VINE. ANTICIPATING THAT TO BE RESOLVE HERE IN THE NEXT FEW WEEKS AND STILL ON TRACK TO GO OUT TO BID IN NOVEMBER. >> THIS IS THE ONE WE NEEDED TH EASEMENT FOR? >> NOT NEEDED, BUT WE DID JUST GET A TCE FROM THE IST REALLY OUT OF PRECAUTION. THERE IS ASSOCIATED SIDEWALK WORK. YOU CAN KIND OF SEE IT IT'S A GREAT OUT PEACE IN THE DESIGN IMAGE. THERE WAS A PRETTY MINIMAL EASEMENT WE HAD ALREADY SECURED THAT THE CONTRACTOR WAS GOING T BE PRETTY SNUG IN THIS PHASE THEY DID HAVE TO WORK, SO WE REACHED OUT TO ISD IN ASKED IF WE COULD GO AHEAD AND GET AN ADDITIONAL TCE OUT OF AN ABUNDANCE OF CAUTION AND THAT WAS JUST APPROVED BY THEM. >> WITH A FULL VOTE, UNANIMOUS VOTE? I WAS AT THAT MEETING. >> OKAY. GREAT. LIVE OAK AT EDGE OF AN INTERSECTION. STAFF IS REVIEWING THE PROPOSED SCOPE SUBMITTED BY KINLEY HORN ON THE ROADWAY EXTENSION TO ENGAGE THEM ON THAT PART OF THE PROJECT RATES WE ARE REVIEWING POSSIBLE WAYS TO EXPEDITE THE DESIGN ON THE INTERSECTION REALLY IN ANTICIPATION OF THE GROCER THAT IS ON THAT CORNER. I KNOW THEY ARE ALSO CONVERSATIONS BETWEEN THE EXECUTIVE DIRECTOR OF THE EDC AND THAT DEVELOPER SPECIFICALLY TO SEE IF THEY WOULD DELIVER TH PROJECT, SO THAT UPDATE WILL BE SHARED WHEN THAT'S AVAILABLE. WHAT'S NEXT IS TO SEE APPROVAL OF THE ROADWAY SCOPE AND COMPLETION OF THE INTERSECTION DESIGN. WATER? THIS IS ONE OF OUR PROJECTS THA IS SO CLOSE, SO CLOSE, SO CLOSE AND SEVERAL WATER AND WASTEWATE PROJECTS. WE ARE CHECKING IN WITH THE [01:00:02] CONTRACTOR REGULARLY TRYING TO GET AS MUCH OF AN UPDATE ON THE PUNCHLIST ITEMS THEY HAVE OUTSTANDING AND IT'S GOING. DCS, THE DESIGN CONSULTANT HAS PROPOSED A SUPPLEMENTAL IN WILL SUBMIT THAT TO SUPPORT CLOSEOUT EFFORTS. I DO ANTICIPATE STAFF ENSURING THAT THE COSTS ASSOCIATED WITH THE SUPPLEMENTAL FOR THE DESIGN ENGINEER ARE RECAPTURED AND ANY LIQUIDATED DAMAGES THAT WOULD B RECONCILED WITH THE CONTRACTOR AT THE END OF THE PROJECT SO TH CITY IS NOT PAYING FOR ELITE PROJECT. NO UPDATE REALLY HEAR. THIS IS ANOTHER ONE THAT THERE ARE SEVERAL UTILITY PROJECTS THAT ARE KIND OF AWAITING A DEVELOPER TO BE RESPONSIBLE FOR CONSTRUCTING IT. JUST A REMINDER PART OF THE 16- INCH WAS CONSTRUCTED BY A DEVELOPER AND THE REMAINDER OF THE LAND HAS DESIGN PLANS APPROVED AND WHERE AWAITING CONSTRUCTION. I BELIEVE MEADOWBROOK RECENTLY HAD THE REDEVELOPMENT MEETING, SO ANTICIPATING THAT WOULD BE STARTED VERY SOON. WATER TRANSMISSION MAIN. THE BID CLOSED YESTERDAY FOR TH TRANSMISSION MAIN. WE HAVE SLATED A COMMUNITY MEETING WITH THE NEIGHBORHOOD FOR OCTOBER 22ND. WE ARE PUTTING SIGNS AT THE ENTRY AND EXIT POINTS OF THE NEIGHBORHOOD. THOSE WILL BE PLACED NEXT WEEK, WE WILL BE DOING SOCIAL MEDIA, COMMUNICATION IN THEN WE ARE PREPARING MAILERS THAT INFORMED THAT RESIDENTS OF THIS TRANSMISSION MAIN PROJECT, BUT ALSO THE STORAGE TANK PROJECT THAT IS GOING TO BE STARTED HER IN THE NEXT FEW MONTHS AS WELL. THOSE ARE EXPECTED TO BE SENT OUT, WE ACTUALLY JUST PURCHASED THEM, SO THEY WILL BE SENT OUT NOT THIS COMING WEEK BUT THE NEXT WEEK. THAT WILL BE A GENERAL INFORMATION SESSION ON THE DURATION OF THE PROJECT, WHAT DISRUPTION MIGHT LEAK LIKE TO THEIR TRAFFIC FLOW THAT THEY HAVE NOW, AND THAT WE HAVE ONE PARCEL THAT IS OUTSTANDING, THA CAME BEFORE YOU ALL LAST MONTH, AND THAT WAS BASICALLY DENIED A A WHOLE PARCEL, AND WE ARE WE SERVING TO HAVE JUST THE MAIN PARCEL WE NEED TO GET THIS PROJECT GOING. SIMILARLY, ON THE ELEVATED STORAGE TANK IS, THE CONSULTANT IS AWAITING TCE RESPONSES TO THEIR QUEUE COMMENTS, SO ANTICIPATING TO GET THEIR CORRESPONDENCE IN THE MAIL HERE ANY DAY NOW. AS SOON AS WE ARE CLEARED ON TH TCE Q FUND, WE ARE CLEARED ON THE STORAGE TANK AS WELL. IRON TESTING. MMO WAS SENT OUT TO COUNCIL ON AUGUST 28TH AVENUE HAD SOME PROPOSED SOLUTIONS IN THE MEMO THAT DO REQUIRE TO MY RECOLLECTION, DISCUSSIONS ON INVESTMENTS IF COUNCIL HAS ANY INTEREST IN GOING THAT WAY, BUT OTHER THAN THAT, NO UPDATE REALLY HEAR. SEVERAL PROJECTS HERE. GLENWOOD AND CENTRAL STATION AR BOTH WORKING THROUGH THEIR PUNCHLIST. CENTRAL STATION, THAT WILL HAVE A DEDUCTIVE CHANGE ORDER COMING TO YOU SOON. BASICALLY THAT IS EQUIPMENT THA WE WON'T NO LONGER BE NEEDING T PAY FOR OUT OF THEIR CONTRACT AND WE CAN TALK A LITTLE BIT MORE ABOUT THAT WHEN IT COMES T YOU AS AN AGENDA ITEM. THE STATION IS MOVING ALONG JUS FINE. THEY ARE SAYING THAT THEY STILL INTEND TO BE DONE IN OCTOBER, AND THAT WOULD BE GREAT IF THAT HAPPENS, BUT STAFF IS A LITTLE SKEPTICAL. SOUTH WASTEWATER TREATMENT PLAN CONSTRUCTION, THIS IS MOVING ALONG FAIRLY WELL, WE ARE ANTICIPATING CHANGE ORDERS AT THE 1015 COUNCIL MEETING. INTERCEPTOR THREE, THE SECOND AND THIRD SEGMENTS ARC ESSENTIALLY COMPLETE, THEY ARE WORKING THROUGH THEIR PUNCHLIST RIGHT NOW. THIS IS A COST PARTICIPATION, S THEY WILL SUBMIT THEIR REIMBURSEMENTS FOR THEIR SEGMENTS THAT THEY CONSTRUCTED HERE IN THE NEXT FEW MONTHS. WE HAD A CALL TODAY WITH THE CONTRACTOR, THEIR RESPECTIVE SENT SUBCONTRACTOR PERFORMING THE REMEDIATION WORK AND THE DESIGN CONSULTANT TO TALK THROUGH COMMENTS FROM THE CITY AND THE DESIGN CONSULTANT. THEY ARE EXPECTING THEIR REMEDIATION WORK TO BE DONE IN MARCH. WE HAVE NOTIFIED THE CITY OF TAYLOR BECAUSE THEY HAVE A LEAS THAT ARE THROUGH THE THAT ARE GOING TO COME OFF OF THIS LINE, SO THEY ARE AWARE THAT THIS IS NOW EXPERIENCING A PRETTY SIGNIFICANT DELAY. THAT'S REALLY AT. [01:05:05] ANY QUESTIONS? >> WHAT IS CAUSING THIS SIX-MONTH DELAY CRACKS. >> THE CONTRACTOR HAS INSTALLED THIS IS ABOUT A 20 TO HUNDRED FOOT PROJECTS. THEY HAVE INCORRECTLY INSTALLED ABOUT 1500 FEET OF THAT PROJECT. >> 'S ALMOST THE WHOLE PROJECT THEY DID WRONG. 1500 OUT OF 20 TO HUNDRED FEET. >> TWO THIRDS. >> AND THEY ADMITTED THAT THEY GOOFED? >> IT'S BASICALLY THE LAND IS S DEEP, THEY INSTALLED IT AND IMPLODED. THERE FOR, IT'S ON THEM. THEY HAVE ADMITTED IT, THEY'RE NOT DENYING IT. >> WE'RE NOT GOING TO HAVE ANY ISSUES ON THEIR OVER HERE TELLING US KNOW. >> VICKI HAS BEEN REALLY GOOD PARTY HERE. BEEN VERY RESPONSIVE, BEEN VERY ADMITTING OF WHERE GOING TO FIX THIS AND IT'S GOING TO CLEARLY TAKE SOME TIME, BUT WE ARE GOIN TO BE HONEST AND TRANSPARENT WITH THE CITY HERE. THEY UNDERSTAND. >> IS THE ALL 200 FEET ALREADY IN? >> AT LEAST 1500 UP IT WAS. >> I CAN FOLLOW UP WITH THAT. >> IF PART OF IT IS MEETS SPEC IN PART OF IT DOESN'T MEET SPEC THAT INTERFACE IS CRITICAL. >> I WILL FOLLOW-UP. >> THINK OF IT LIKE A LONG STRAW , AND IT'S HEAVING. THAT'S THE ISSUE IS THAT THE PART THAT IS TOO HIGH, THEY'VE GOT TO FIGURE OUT HOW TO GIVE I BACK DOWN AND KEEP IT DOWN SO I DOESN'T FLOAT AGAIN. >> OKAY. THEY THANK YOU. >> FOR QUESTION. ON A COUPLE OF THESE THAT I HAV SEEN, I DON'T HOW MANY, WHERE W WILL SAY COMPLETION CALENDAR YEAR Q4 2026. FOUCAULT THREE MONTHS LEFT. IF IT'S GOING TO BE PUSHED OUT, HOW SOON WOULD BE NO ON ANY OF THOSE, OR ARE WE STILL SAYING EVERYTHING THAT'S ON HERE CALENDAR YEAR 2026, WE'RE ON TRACK EMERGE GOING TO HIT THE. >> THAT'S CAPTURED AND YOU'RE A RISK REPORTS. IF THERE IS CLEARLY A DELAY THA HAS BEEN EITHER ARTICULATED OR SEEN IN SOME KIND OF FASHION, THAT IS FLAT. ONE OF THE BENEFITS OF THE NEW SINGLE CONSTRUCTION CONTRACT TEMPLATE WE WILL HAVE HAS COLLABORATED MILESTONES AT THE START OF THE PROJECT. THERE IS A LITTLE BIT OF GRACE AND IRREVOCABLY SCHEDULED TO GE IN ALIGNMENT WITH THE SCHEDULE, BUT AFTER THAT THAT WOULD BE INTERMEDIATE LIKE DO YOU ALL AN THAT WOULD BE A TIME TO BE CORRECTED FROM THE CITY. >> THERE WILL BE A CHANGE LIKE YOU HAVE FROM THIS ONE. >> THIS ASSESSMENT ON THE CURRENT AT RISK LIST. >> I BELIEVE IT WAS FLAGGED WHE THIS BECAME A KNOWN ISSUE. >> I HAVE THE ONE FROM SEPTEMBE. I CAN SHARE THOSE, THIS HAS BEE EATING ON THEIR IMMEDIATE PLAN TO GET DESIGNS BACK FROM THE ENGINEER ON THE PLANNED ISSUE WAS IDENTIFIED EARLY LAST MONTH. THAT WAS FLAGGED FOR YOU ALL THE . >> TWO YOUR SKIN SHOULD BE AN ONGOING. >> I WOULD APPRECIATE THE FEEDBACK COMMISSIONER. >> I WOULD LIKE TOO. I DON'T WANT TO PUT UNDUE BURDE ON STAFF, BUT SIX MONTHS OUT IS KEY. >> YOU DON'T WANT TO BE DECEMBE GET IT, IT WILL PUSH IT OUT IF WE KNOW AHEAD OF TIME IS GOING TO BE PUSHED OUT. >> OKAY. UNDERSTOOD. THIS SYSTEM AT BEST PROJECT SO DO HAVE A SLIDE AT THE END OF THIS PRESENTATION TO TALK ABOUT WHAT THE AT-RISK ITEMS ARE, BUT JUSTIN UPDATE ON THE RIGHT-OF-WAY ACQUISITION. WE HAVE FOR FOR OCTOBER AND THE THERE'S A CHANGE ORDER FOR NEXT MONDAY FOR 18 DAYS. THE AT&T'S ARE ASSOCIATED WITH EFFECTIVELY BACK-AND-FORTH AND GETTING TERMS RECONCILED, FROM THE EDC ON THE CONTRACT. THAT NARRATIVE WILL BE A PART O THAT AGENDA. >> THIS ONE IS ON OUR RISK REPORT. [01:10:02] >> YES. >> I BELIEVE THE LAST TIME I PRESENTED THERE WAS DISCUSSION ABOUT MAY BE THERE BEING AN UNDERSTANDING OF A PROPERTY OWNER NEEDED TO CONNECT WITH SOMEONE ON CONSOLE. MR. AVERY IS TOTALLY AMENABLE T THE RIGHT-OF-WAY WE NEEDED TO ACQUIRE. THERE'S ANOTHER PROPERTY OWNER THAT HAS PROMPTED THE REDESIGN EFFORT. CITY STAFF AS FINISHED MAKING COMMENTS ON THAT REDESIGN EFFORT . IT'S IN THE ALIGNMENT WITH WHAT THAT PROPERTY OWNER WISHES, SO WE ARE RESUBMITTING THOSE REDESIGN PROPOSALS IN OUR EXPECTING A TIMELY RESPONSE FRO THE PROPERTY OWNER. >> I TALKED TO THE PROPERTY OWNER TODAY. IF WE HAVE ANYWHERE HANG UPS I THINK WE NEED TO SIT GEMMA HAD PROSTRATE THIS ONLY HAD THREE O FOUR PROPERTY OWNERS AND EVERYBODY WAS GUNG, WE REALLY NEED THIS DONE. THEY MIGHT HAVE TO GIVE AND TAK A LITTLE BIT BECAUSE YOU CAN RU LIKE THIS AND EVERYBODY GET IT THEIR WAY. IS JUST NOT ALWAYS POSSIBLE. IN SOME PSYCHIC GUYS HAVE GOT FIGURED OUT. >> IS SIMILAR TO A PROJECT WE JUST PREVIOUSLY DISCUSSED, THE 12-INCH ON THERE'S ONLY 112-INC ON HER, THAT 12-INCH LINE IS COMPLETED, THE 28-INCH LINES YO SEE OUTSTANDING WE ARE ANTICIPATING TO BE CONSTRUCTED BY THE DEVELOPERS YOU SEE CAPTURED HERE, BUT IT REALLY DEPENDS ON WHO GETS TO IT FIRST GRADE THERE IS NO ACTIVE CONSTRUCTION TAKING PLACE ON EITHER OF THE 8 INCHES THAT ARE OUT THERE. CENTRAL WASTEWATER TREATMENT PLAN. FOR SHE IS TO BE A BYPASS, BUT AM TOLD THAT'S NOT AN APPROPRIATE TCE CUTE TERM SO IT WILL BE REFERRED TO AS A TRANSFER. WE'RE WEEDING TC Q, WE GOT APPROVAL ON THE REBATE PROGRAM, THOSE CERTIFICATIONS HAVE GONE OUT THERE AT THE PUBLIC COMMENT. MY CLASSES AT THE END OF OCTOBE AND SO THAT REBATE IS ESSENTIAL TO AS A PREREQUISITE TO GETTING THE PROJECT OUT TO BID. WE ARE ANTICIPATING ISSUING DEB FOR THE PROJECT AT THE END OF THE CALENDAR YEAR. NO DIFFERENT EVAN UPDATE FROM EVERY PHASE ONE. SIMILAR TO ONE OF THE PROJECTS WE JUST DISCUSSED, THE 21-INCH ON THE NORTHEAST SIDE OF 79 IS COMPLETE, AND THEN WE HAVE THE OUTSTANDING PART OF THE 40 TO INCH INTERCEPTOR ON THE NORTH SIDE OF 79. TONIGHT ON YOUR AGENDA, YOU HAV MAINTENANCE BONDS THAT ARE SPECIFIC TO THE PROJECT THAT WE WERE ASKING YOU ALL TO APPROVE THAT IS NECESSARY TO CLOSE OUT THE PROJECT RIGHT AFTER THAT RETURNING TO GET CLOSE UP ON TH 15TH AGENDA PENDING COORDINATIO WITH THE CONTRACT OR COMMITMENT BE THEIR FIRST IN NOVEMBER. >> HOW IS THAT GOING WITH THE DISCUSSION ON LIQUIDATED DAMAGES ? KEY COULD YOU WANT TO TAKE THIS ONE? >> WHERE WE ENDED UP IS WHEN WE LOOKED AT THE DETERMINATION ON WHAT WE WOULD APPLY FOR LIQUIDATED DAMAGES, AND WE LOOKED AT WHAT THEY WERE SEEKIN FOR ADDITIONAL CHANGE ORDER FOR MATERIALS, THEY WASHED OUT. WE JUST ELECTED, WE WANT TO APPLY AT LIQUIDATED DAMAGES. THAT SOMETHING IMPORTANT TO THE BECAUSE OF THEIR CONTRASTING HISTORY. THEY WON'T CHARGE US THE EXTRA MATERIALS FOR THE PARKING LOT BASE AND SO ON AND SO FORTH THA THEY THINK THAT WE OWED. WE SHAKE HANDS, CALL IT A DAY I CLOSE OUT THE PROJECT. >> I KNOW YOU KNOW THIS, BUT TO ME I'M GLAD YOU GUYS ARE FIGURING SOMETHING OUT BECAUSE I'M NOT USED TO THINGS GOING AN CONSTRUCTION IN THEN SOME MEMBE OF STAFF DETERMINING ON THEIR OWN WHEN COUNCIL OF RIZZO PROJECT RECEIVE THE PLAN, I EXPECTED, AND I MAY BE DIFFEREN TO BE BUILT EXACTLY LIKE THE PLANS WERE AND THAT WE SPEND SI NEXT WEEK NINE MONTHS TO MAKE M BEAT WHAT IF WE MOVE THIS OVER HERE IT WOULD REMOVE THIS OVER THERE. SO WHEN WE DID THAT COME AT NOT ONLY DID WE CAUSE DELAY, I KNOW THAT WE HAVE CHANGED THINGS INTERNALLY TO WHERE NOW IF YOU WANT TO CHANGE YOU HAVE TO COME BACK TO THE COUNCIL TO BE ABLE TO CHANGE SOMETHING. THAT'S WHY I'M KIND OF GLAD OF WHAT YOU'VE BENJAMIN, I THINK A VERY GOOD JOB ON NOT BEING AFRAID TO TELL US THE ISSUES, BUT THEN COMING OUT OF PROCESSE LIKE TO COME OVER NOT GOING TO HAVE SOMEBODY GO OUT UNTIL THEY PROJECT SIX MONTHS BECAUSE THEY THINK NOW IT'S A BAD IDEA TO PU IN A CERTAIN SPOT. THAT'S ONE OF THE REASONS I [01:15:02] THINK THE WALL HELP DELAY GETS, THAT WAS SINKING, THAT WAS DESIGNED WRONG, WE HAD TO GET THAT FIXED. THE PUMP TRACK AND THEN THE PARKING LOT. OUTSIDE OF THAT, EVERYBODY THINKS IT'S ONE HELL OF A PARK AND THEY ARE EXCITED THAT THE BATHROOMS DON'T LOOK LIKE THEIR PRISON CELLS AND EVERYTHING HAS BEEN UPDATED. THE ONLY THING I WOULD SAY IS A THE SPLASH PAD FIXED CRACKS TO GET THE CONTRACTOR CAME OUT, NO THE CONTRACTOR, BUT THE ACTUAL PUMP MOTOR CAME OUT I THINK YESTERDAY. YOU KNOW IF THEY FIXED IT YET? HE WILL COME AND TELL YOU. I REMEMBER, I REALLY DON'T WANT TO DO A SPLASH PAD BECAUSE ALL THEY DO IS BREAK AND YOUR GUY SAID, YOU ARE WILLING TO TAKE THAT ON, SO JUST KNOW IT'S EASY WHEN WINDBREAKS ARE PURE, WE JUST BLAME THE DEVELOPER, BUT NOW WE HAVE TO BLAME UHF EVERY TIME IT DOESN'T WORK, EVERY MOM IN HUTTO IS GOING TO BE LIKEWIS THE SPLASH PAD NOT WORKING. >> THIS WAS AN ELECTRICAL ISSUE WHERE A PUMP MALFUNCTION SO IT' UNDER WARRANTY, THE PARTICIPANT OR DIRT IN IS SUPPOSED TO BE HERE TOMORROW EARLY NEXT WEEK AND HOPEFULLY THEY WILL INSTALL IT AT THE SAME TIME. >> YOU KNOW THAT'S ALWAYS SOMETHING THAT COMES UP WHEN PEOPLE SO THE MOMS WHEN THEY BRING THEIR KIDS OUT THERE AND IT'S FRUIT, KICK IT WE CAN SEND STAFF OUT THERE WITH WATER HOSE IN BETWEEN TIME. >> YOU MAY HAVE TO, BECAUSE PEOPLE ARE WAITING FOR THANK YO FOR STAYING ON THAT. >> TRAIL LIGHTING. WE ARE WAITING FOR THE DELIVERY OF THE LIGHTING, WE'RE ANTICIPATING THE FIGHT INTO COMMON ACTUALLY THIS MONTH, OCTOBER TO BE INSTALLED PENDING WEATHER AND RAIN AND THEN THIS WILL BE DONE. THIS HAS IS BEEN OUTSTANDING FO A WHILE BE BECAUSE OF COORDINATION ON GETTING. AWAITING AN ADDITIONAL LEGAL COORDINATION. THERE WAS A MEETING WITH THE SURETY LAST WEEK IN WE WILL BE AS THE AGENDA CLARIFIES AN EXECUTIVE SESSION. >> WE PROBABLY DON'T NEED TO GO INTO EXECUTIVE SESSION, SHE ALREADY ASKED FOR MORE TIME BECAUSE OF THE RESTROOM DURING DESIGN TO CALCULATE THAT IN THE WAY THAT HE IS GOING TO PRESENT ON THE MATURITY BOND. >> DO WE HAVE TO GIVE IT MORE TIME? BECAUSE I HEAR WE'VE BEEN CHECKING AROUND WITH THIS GUY WITH THE WALL AND NO ONE EVER WANTS TO SEEM TO TAKE RESPONSIBILITY SO NOW THE SURET PEOPLE WANT MORE TIME. >> AND NO STAFF IS EAGERLY AWAITING. >> THIS REPORT FROM THE SURETY, I DON'T KNOW WHAT I'M ALLOWED T SAY, BUT WE ARE EAGER TO RESPON TO IT AS IT IS ANTICIPATED TO B ELIGIBLE FOR REHABILITATION. >> HE SAID AND E-MAILED TODAY AND I THINK HE SAID HE'LL HAVE THE REPORT TOMORROW. SO THE SOONEST WE GET THE REPORT , STAFF WILL WORK ON THE SOLUTION. AND I DON'T THINK WE NEED TO GO INTO EXECUTIVE SESSION ON THIS. >> THAT IS ONE ITEM OUT OF 300 WE DON'T HAVE TO TALK ABOUT AN EXECUTIVE SESSION. >> THE PARK PLAYGROUND, THIS IS COMPLETE ON BOTH FRONTS WITH BOTH FRONT ABOUNDS AND SYNERGY PATCH WE ARE EVALUATING CLOSE OUT RIGHT NOW AND EXPECTING THE FIRST MEETING IN NOVEMBER. >> AND AM ASSUMING THERE WILL B A RIBBON-CUTTING OR SOMETHING? OCTOBER 17TH. >> OCTOBER 17TH. INVITES ARE GOING OUT. TO PARKS IN ONE YEAR. >> THERE YOU GO. >> DOES THIS INCLUDE ALL THE NEURO- DIVERSION, TEXTURE APPARATUS. >> YES. >> OKAY. THE JUSTICE CENTER, THIS EVENIN YOU HAVE A PROPOSED ENGAGEMENT WITH AN OWNER'S REPRESENTATIVE WHO HAS A LOT OF EXPERIENCE SPECIFIC TO PUBLIC SAFETY CENTERS. WE ARE REVIEWING, WE HAVE A CAL NEXT WEEK TO REVIEW THE 50 PERCENT CONSTRUCTION DOCUMENT AND THE COST ESTIMATE. WE ARE ANTICIPATING A CHANGE ORDER FOR THE GEOTECH TESTING THAT WILL INCLUDE THE SCOPE THA IS NECESSARY FOR THE ROADWAY THAT'S GOING TO BE CONSTRUCTED. WE ARE WORKING WITH GIMLI HORN TO DETERMINE WHAT TESTING IS NEEDED FOR THAT AND THAT WILL B BROUGHT FORWARD LIKELY IN NOVEMBER, LATE OCTOBER. [01:20:07] >> AND I WILL START WITH THE AT&T CONFLICTS. STAFF IS CURRENTLY INVESTIGATIN WHY AT&T WAS NOT THE CONFLICTED DURING THE UTILITY COORDINATION PER ON A POSITIVE NOTE THEY HAV BEEN INCREDIBLY RESPONSIVE ABOU GETTING OUT THERE, DETERMINING THIS TO BE A RUSH PROJECT, WE ARE ANTICIPATING THEM TO GET OU THERE TOMORROW OR EARLY NEXT WEEK TO RELOCATE THE LINE. WE WILL BE FOLLOWING UP WITH MORE INFORMATION IN TERMS OF WHAT THAT DELAY IN HEIGHT BECAUSE IF ANY. ON THE ENTERPRISE FRONT, IN ONE OF THE CHANNELS, THERE IS AN ENTERPRISE EASEMENT, AND WE COORDINATED WITH THEM APPROPRIATELY PRIOR TO THE PROJECT, WE GOT TO THIS PART OF THE PROJECT SPECIFICALLY WHERE THIS AREA IS IN THE AGREEMENT W HAVE WITH THEM REQUIRES AN ENTERPRISE INSPECTOR TO BE ON-SITE. WE GET THERE AND THE CONCRETE CAP THAT IS OVER THERE LINE IS BROKEN. AND THEN THE LINE ITSELF HAS NEGATIVE FLOW, SO IT'S NOT AND MAINTAINED APPROPRIATELY. ENTERPRISE BELIEVES IT IS ON TH CITY TO RECTIFY THAT WORK AND PERFORM ALL OF THAT ADDITIONAL WORK AND PAY FOR IT. WE ARE WORKING WITH ENTERPRISE TO FIGURE OUT WHAT POTENTIAL WE HAVE FOR THIS NOT TO BE ON THE CITY. WE WILL BE ENGAGING WITH OUR LEGAL TEAM TO SEE WHAT THAT LOOKS LIKE. LIBERTIES CIVIL, THAT THE CONTRACTOR IS A WAYS AWAY FROM GETTING TO THIS POINT IN THE PROJECT. THEY EXPECT TO GET TO THIS CONFLICT IN ABOUT TWO MONTHS SO IT'S NOT CAUSING AN IMMEDIATE DELAY TO THE PROJECT TO TAPE. WE WANT TO RECTIFY IT HOWEVER W CAN BEFORE THEY GET TO THAT PAR OF THE PROJECT. >> WHO IS ENTERPRISE? THAT HAS NOT BEEN MAINTAINED, THE CAP IS BROKE AND IT'S OUR FAULT THEY THINK BECAUSE WHY? >> BECAUSE WE STUMBLED ONTO IT AND IT'S ON THIS. >> SO THIS JUST WAIT FOR IT TO BREAK, EXPLODE AND SAY OH,. >> WE ARE TRYING TO TRIAGE THAT QUESTION AND FIGURE OUT. >> IN ORDER FOR A GAS LINE TO B IN ANY CITY AREA, THEY NEED TO HAVE A GAS FRANCHISE AGREEMENT IN WE ONLY HAVE IT WITH TEXAS GAS AND ATLAS IN CGI ENERGY. SO YOU NEED TO ASK THEM FOR COP OF THEIR FRANCHISE AGREEMENT WITH THE CITY TO BE ABLE TO PUT THAT LINE THERE. THEY COULD'VE PUT THAT LINE THERE WHEN IT WAS OWNED BY THE HOMEOWNERS ASSOCIATION. BUT NOW THAT IT'S OURS, THEY NEED A FRANCHISE. >> WHICH MEANS THEY HAVE TO START PAYING US MONEY. NOT THE PERSON YOU WANT TO STAR SCREWING WITH. >> WE WILL BE FOLLOWING UP WITH LEGAL LIKELY TOMORROW ONCE WE HAVE ADDITIONAL INFORMATION. AND THEN UTILITY CONFLICTS, WE EFFECTIVELY I BELIEVE OFF OF CURLY CURLEY COURT, THE DRAINAG CHANNEL ON THE BACKSIDE, THE CONTRACTOR HAD HIT A WATERLINE THAT NOBODY NOBODY KNEW WAS THERE, STAFF DID NOT KNOW THAT LINE EXISTED. IT IS A PERK SHOULD PERFECTLY FUNCTIONAL LINE SO WE ARE REVIEWING, BUT IT'S GOING TO LOOK LIKE TO BASICALLY GO AROUN THAT LINE. IT ONLY IMPACTS WHERE THEY HIT IT, IT SHOULDN'T IMPACT THE RES OF THE PROJECT. STAFF WILL BE FOLLOWING UP MORE WITH WHAT RESOLUTIONS THERE ARE. >> BACK TO THE ENTERPRISE, HOW MANY HOMES ARE WE TALKING ABOUT? HOW MUCH LINEAR FEET ARE WE TALKING ABOUT? IS THIS OVER 1,000 FEET? AURAS OF A COUPLE HOMES HERE IN THERE? >> I BELIEVE WHEN WE DID DURING HANGERS AND THAT COORDINATION BEFORE THE PROJECT STARTED, IF RECALL CORRECTLY, I BELIEVE WE NOTIFIED OVER 100 RESIDENTS, SO I CAN FOLLOW UP WITH A SPECIFIC LINEAR FOOTAGE. >> WHAT I MEANT WHEN ENTERPRISE SAYS THAT THIS LINE NEEDS TO BE CORRECTED, MA THERE IS A LOT OF DRAINAGE DITCHES, I'VE TOURED I MYSELF OR IF PERSONALLY, SO WHE YOU'RE SAYING IT'S TWO MONTHS U BEFORE THEY GET TO THERE, SO AR WE TALKING ABOUT ONE ROW OF DITCHES, OR IS THAT MULTIPLE ROWS OF DITCHES? >> IS JUST THIS ONE AREA WHERE THE CONCRETE CAP IS BROKEN AND THAT WE HAD TO ENTER INTO A WHICH I DON'T RECALL WHAT THAT STANDS FOR RIGHT NOW. >> ALSO LOOKING AT THE DOLLARS HERE, IT WAS THREE AND A HALF MILLION, THAT IS THE ENTIRE DIG. >> THERE ARE SEVERAL CHANNEL IMPROVEMENTS IN THAN THERE IS THE CONSTRUCTION OF AN ACTUAL DRAINAGE RETAINING WALL ITSELF, I CAN FOLLOW UP HERE WITH THE MAP THAT SHOWS SOME MORE SPECIFICS ON THE DRAINAGE CHANNELS THAT ARE BEING DONE IN [01:25:02] THIS PHASE OF THE DRAINAGE PROJECT AND WHERE THE RETAINING WALL IS THAT THEY ARE CONSTRUCTING. >> I WAS JUST CURIOUS I MEAN THIS IS ALL THE MONEY RIGHT HERE . >> I THINK THAT YOU MIGHT BE SEEING AS THE PROJECT IS NOT EVERYTHING IT READ. SOPHIE COULD GET A PICTURE SO W KNOW. >> RIGHTS, AND THAT'S JUST FOR FEW OF THE ROADS, YES, WILL CORRECT THAT. >> THAT'S A GREAT DEAL FOR ALL OF THAT. I LIKE IT. JUSTIN UPDATE ON THE EAST WALKE HIGHWAY SEGMENT CUTTING ON NOVEMBER 8, NO OTHER UPDATE HERE . >> THINK IT'S IN THE MORNING TO. >> I BELIEVE SO. KICK IT WE TALKED ABOUT ALLIANCE , I DO WANT TO PROVIDE SOME MORE CONTEXT AS TO WHY IT IS DETERMINED TO BE AT RISK. I BELIEVE I CAPTURED THIS IN TH AT-RISK REPORT THAT ONE OUT LAS WEEK. WE'LL BE TO HAVE SEVERAL PARCEL HEARINGS SLATED FOR OCTOBER, THERE ARE ONE OR TWO THAT ARE EXPERIENCING OWNERSHIP ACTIVE LEGAL ISSUES, SO THAT WILL TAKE TIME TO GET RESOLVED AND WE ARE ANTICIPATING A DELAY JUST IN THAT ISSUE EXISTING, EVEN IF THAT PARCEL OR TO WERE RESOLVED IN A TIMELY MANNER, BUT SAY THI MONTH OR NEXT MONTH, THERE IS A MUSCLE SURVEY THAT IS NEEDED, AND THERE ARE A LOT OF QUALIFIERS DEPENDING ON THE TIMING, YOU CAN DO A SURVEY THA THAT THEY HAVE TO BE RELOCATED AND 30 DAYS OF THE SURVEY. FOR THE WATER TEMPERATURE HAS T BE IN AN APPROPRIATE RANGE SO BLACK THEY, FOR NOT GOING TO RESOLVE THE OUTSTANDING PARCELS UNTIL DECEMBER-JANUARY TIMEFRAM IT'S PROBABLY GOING TO BE TOO COLD TO DO THE MUSCLE SURVEY SO WEATHER PERMITTING, RIGHT-OF-WA PERMIT INCOME AT THERE ARE A LO OF QUESTION MARKS IN THE AIR FO THIS >> SO WHO WAS SUPPOSED TO KNOW WE NEEDED A MUSSEL SURVEY? >> YOU HAVE TO DO IT AS YOU APPROACH THE AREA OF CONSTRUCTION. SO, YOU HAVE TO DO IT WHEN YOU ARE ABOUT TO TOUCH THAT IMPACTED AREA. SO IT'S LIKE A PROGRESSIVE PART OF THE PROJECT. >> AND IF YOU HIT THAT PART OF THE PROJECT AT THE WRONG TIME OF THE YEAR, YOU JUST -- SOL >> RIGHT. SO HOPEFULLY, THE WEATHER IS A LITTLE COOLER WHEN THEY GET TO THIS PART OF THE PROJECT. ASSUMING WE HAVE THE RIGHT-OF-WAY AND PARCEL AC ACQUIRED. A LOT OF DEPENDENTS. >> I HAVE BEEN TRYING TO HANG OUT THERE SO THEY DON'T SEE ANY MUSCLE. >> I HEARD OF LIZARDS AND FROGS. IS THERE A BEACH? THANK YOU, KATE. [9.1. Conduct the first of two public hearings to consider a resolution approving Amendment No. 2 to the Strategic Partnership Agreement with the Williamson County Municipal Utility District No. 22 with the City of Hutto and clarify the purposes of limited-purpose annexation of property previously annexed into the City under the agreement to include allowing the sale of all types of alcohol within the property annexed for limited purposes and providing for the collection of a mixed beverage sales tax. (Legal)] ALL RIGHT. BEFORE WE START ON THE PUBLIC HEARINGS, I HAVE A DIFFERENT ORDER HERE TO MAKE THIS FLOW BETTER. SO WE'LL DO 91, 2, 3, 4, JUST FYI, IF YOU SEE ME GOING OUT OF ORDER. IT'S NOT I SCREWED UP AS USUAL. THERE'S -- >> THERE'S 9.1 THROUGH 9.4 AND 9.8 AND 9.9. >> CONDUCT THE FIRST OF TWO PUBLIC HEARING TO CONSIDERING PROVING AMENDMENT TWO TO THE STRATEGIC PARTNERSHIP AGREEMENT WITH THE WILLIAMSON COUNTY DISTRICT 22 WITH THE CITY OF HUTTO AND CLARIFY THE PURPOSES OF PURPOSE ANNEXATION OF PROPERTY PREVIOUSLY ANNEXED INTO THE CITY ALLOWING ALCOHOL FOR LIMITED PURPOSES AND PROVIDING FOR A MIXED BEVERAGE SALES TAX. >> MAYOR AND COUNCIL. MUD 22 WHICH IS STAR RANCH CAME TO THE CITY STAFF AND ASKED THAT WE AMEND THE STRATEGIC PARTNERSHIP AGREEMENT TO ALLOW THE SALE OF ALCOHOL AND COLLECTION OF MIXED BEVERAGE TAX. THE TEXAS CODE REQUIRES TWO PUBLIC HEARINGS. I PUT RESOLUTION AND THE AMENDMENT TO THE STRATEGIC PARTNERSHIP AGREEMENT BUT THAT WON'T BE CONSIDERED FOR APPROVAL UNTIL THE OCTOBER 15TH COUNCIL MEETING WHEN YOU HAVE YOUR SECOND PUBLIC HEARING. >> WE'RE JUST OPENING THE PUBLIC HEARING AND CLOSING TOGETHER AND ANOTHER ONE COMING UP. >> CORRECT. >> OPEN THE PUBLIC HEARING AT [01:30:01] 8:32. IS THERE ANYONE FROM THE PUBLIC THAT WISHES TO COME UP AND SPEAK REGARDING THIS AMENDMENT? PLEASE COME FORWARD. SE [9.2. Conduct the first of two public hearings to consider a resolution approving Amendment No. 2 to the Strategic Partnership Agreement with the Williamson County Water, Sewer, Irrigation, and Drainage District No. 3 with the City of Hutto and clarify the purposes of limited-purpose annexation of property previously annexed into the City under the agreement to include allowing the sale of all types of alcohol within the property annexed for limited purposes and providing for the collection of a mixed beverage sales tax. (Legal)] SEEING 12340E7B. CLOSE NO ONE. CLOSE PUBLIC HEARING. >> TO CONSIDER A AMENDMENT TO STRATEGIC PARTNERSHIP AGREEMENT WITH THE WILLIAMSON WATER AND DRAINAGE DISTRICT NUMBER THREE. WITH THE CITY OF HUTTO AND CLARIFY THE PURPOSES OF LIMITED PURPOSE ANNEXATION OF PROPERTY PREVIOUSLY ANNEXED INTO THE CITY UNDER THE AGREEMENT TO ALLOW THE SALE OF ALL TYPES OF ALCOHOL WITHIN THE PROPERTY ANNEXED FOR LIMITED PROPERS AND PROVIDING FOR THE COLLECTION OF A MIXED BEVERAGE SALES TAX. >> AND THIS IS A SMALL PARCEL ADJACENT TO MUD 22. THE WATER DRAINAGE DISTRICT THREE. THEY HAVE A SIMILAR REQUEST ON THEIR PARCEL. THEY WOULD LIKE TO SELL ALCOHOL AND ALLOW THE COLLECTION OF THE MIXED BEVERAGE SALES TAX. THIS IS THE FIRST OF THE TWO PUBLIC HEARINGS AND THE RESOLUTION AND STRATEGIC PARTNERSHIP AMENDMENT IS ATTACHED TO THE PACKET. YOU CONSIDER THAT AT OCTOBER 15TH CITY COUNCIL MEETING WHEN YOU HAVE THE SECOND PUBLIC HEARING. >> >> STAR RANCH IS MADE UP OF TWO MUDS. >> THIS IS CALLED WCWSIDD DISTRICT. IT'S A WATER, SEWER. IT'S A 4.8 PARCEL OF LAND ADJACENT TO THE STAR RANCH AND THEY'RE WANTING TO SELL ALCOHOL AND COLLECT THE MIXED BEVERAGE SALES TAX. >> AND WE'LL OPEN PUBLIC HEARING AT 8:34 P.M. ANYONE IN THE PUBLIC WHO WISHES TO SPEAK REGARDING THIS AMENDMENT? I'M SORRY. IT'S 4.88 ACRES. >> YEAH, THAT WAS PART OF WHAT WE BROUGHT INTO THE MUD. MUD THREE IS THE ORIGINAL PART OF STAR RANCH. INCLUDES HEB AND UP TO STAR RANCH BOULEVARD. >> HEY, BLAKE, SO IT REALLY IS PART OF HUTTO. YOU HAVE TO COME TO THE CITY OF HUTTO AND NOT PFLUGERVILLE. >> ALL RIGHT. THEN WE WILL CLOSE THE PUBLIC HEARING AT 8:34 P.M. [9.3. Conduct a public hearing and consider possible action on Ordinance No. O-2026-050, a request by Cliff Kendall of WGI, representative, on behalf of the City of Hutto Economic Development Corporation, owner, to rezone 140-acre parcel from LI to PUD, specifically enumerating that 'Data Center' will be an allowable use within the parcel's assigned base zoning of 'Light Industrial', and that the property will be permitted to operate on-premise power generation as accessory to any/all allowable uses on the property. (Howard Koontz) (Part 1 of 2)] AND MOVE ON ITEM 9 THREE. CONSIDER POSSIBLE ACTION ON 0-26-050 AND TO REZONE 140 ACRE FROM LI TO PUD SPECIFICALLY ENUMERATING THAT DATA CENTER WILL BE AN ALLOWABLE USE WITHIN THE PARCEL AND THE PERMIT WILL BE TO OPERATE ANY AND ALL ALLOWABLE USES ON THE PROPERTY. >> GOOD EVENING. MR. MAYOR AND COUNCIL. I AM HOWARD KUNTZ -- >> MAY I INTERRUPT. WE HAVE A PUBLIC COMMENT. >> WE DID. I WENT OUT OF ORDER. I'M SORRY. GIVE YOU A MINUTE. SORRY JOSIVE. TO SPEAK ON THIS WE HAVE JOSEPH CORTEZ. >> HELLO, COUNCIL, JOSEPH CORTEZ. I ASSUME SOME OF THESE QUESTIONS HAVE BEEN ANSWERED. THERE ARE A LOT OF QUESTIONS THE COMMUNITY HAS AND MANY WHO ARE NOT ABLE TO ATTEND AND HAVING TO ANSWERED THEM HERE AGAIN IS TO GET THE INFORMATION OUT TO THEM. I HAVE A FEW QUESTIONS ON MULTIPLE AGENDA ITEMS. PUBLIC HEARINGS HERE SO, BEFORE I GET STARTED, HAVE ANY OF YOU ALREADY PARTICIPATED IN DISCUSSIONS OR NEGOTIATIONS ON THESE PROJECTS THROUGH THE EDC AND IF SO, WOULD YOU BE DISCLOSING THAT BEFORE VOTING THAT WILL BE TAKING PLACE? >> SIR, THIS IS A PUBLIC COMMENT HEARING. >> IT'S PUBLIC COMMENT FOR YOU TO MAKE AND COMMENTS. IF YOU WANT TO MAKE THESE COMMENTS DURING YOUR PUBLIC HEARING, BUT IT'S NOT FOR QUESTION AND ANSWER BETWEEN YOU AND COUNCIL. >> WHEN IS THAT? >> YOU COULD COMMIT YOUR QUESTIONS TO COUNCIL. THIS PART OF THE AGENDA DOES NOT ALLOW TO ANSWER. >> WHICH PART DOES? >> YOU CAN MAKE YOUR COMMENTS. >> RAISE YOUR QUESTIONS. WHAT I'M SAYING THEY'RE NOT REQUIRED TO ANSWER THEM. I UNDERSTAND. >> YOU HEARD FROM THE CITY ATTORNEY. SHE TOLD YOU THREE TIMES. >> I'M ASKING WHICH PART. >> SHE'S SAYS IF YOU HAVE A COMMENT, YOU SIGNED UP 15 TIMES TO SPEAK. YOU GOT THREE MINUTES TO SPEAK. SAY WHAT YOU WANT TO SAY AND THEN WE'LL CALL YOU BACK UP FOR [01:35:02] ITEM 9.4 AND FIVE. >> IS THERE A PORTION -- THERE'S NO. THANK YOU. JERREL. SIMPLE QUESTION. THANK YOU FOR THAT. I'M NOT SURE WHY. >> HE DID ANSWER THE QUESTION. >> NO SHE DOESN'T. I ASKED IS THERE A PORTION OF THE MEETING WHERE YOU CAN ANSWER QUESTIONS? THERE WAS NEVER ANSWERED. AND THEN IF LEGAL CAN PROVIDE WHAT THE ADVICE IS TO ANYONE WHO SHOULD BE RECUSING THEMSELVES TONIGHT CONSIDERING THEIR INVOLVEMENT AND THEN SPECIFICALLY TO 9.3, SO THE EDC OWNS THIS PROPERTY AND SEVERAL OF YOU SIT ON THE EDC BOARD. IF YOU CAN EXPLAIN TO COMMUNITY MEMBERS HOW THESE PROMOTE FOR YOU TO ALSO VOTE ON YOUR OWN REQUEST AS COUNCILMEMBERS OR IF YOU WILL BE RECUSING YOURSELF AND IF ANY OF YOU PARTICIPATED IN THOSE DISCUSSIONS ABOUT THIS SPECIFIC REQUEST OR PROPERTY. AND THEN JUST WHAT PROMPTED THIS REQUEST. IF YOU CAN RECAP THAT AND IF THERE'S ALREADY BEING CONSIDERED. IF YOU CAN EXPLAIN WHAT YOU WILL BE APPROVING SO THIS PROPERTY CAN'T ALREADY DO SO WHAT THE ACTUAL CHANGE IS GOING TO BE. AND IF HUTTO ADOPTS STRICTER DATA CENTER RULES, WILL THESE RULE BE CHANGED. >> THAT'S ALL THE QUESTIONS >> THANK YOU. SIR. >> ALL RIGHT. HOWARD. >> SORRY, I'M ON THE WRONG PAGE. SO THIS ITEM IS RELATED TO A ZONING ENTITLEMENT. LOCATION OF THE SITE IS IN THE MEGASITE. INDICATED BY THE PARCEL WITH THE LARGE STAR ON IT. CURRENTLY THE PROPERTY IS ZONED L I. TONIGHT'S ACTION THEY SEEK TO MAKE THIS 140 ACRES A PUD WITH A BASE ZONING OF LI AND CHANGE THE DEVELOPMENT STANDARDS WITHIN THE ALLOWANCES IN LI WHICH ARE SPECIFICALLY ENUMERATED IN THE STAFF REPORT AND IN THE EXHIBITS AFTERWARDS. BUT EFFECTIVELY, THEY ARE SPECIFICALLY STATING THAT DATA CENTERS ARE ALLOWABLE, ON SITE POWER IS ALLOWABLE IN FURTHERANCE OF THE OVER SITE WHICH IS THE USUAL AND CUSTOMARY USES THAT ARE ALLOWABLE WITHIN THE LI DISTRICT. SO THIS PROPERTY WE TALKED ABOUT THAT HERE'S AN OUTLINE OF 140 ACRES OF THE RECENTLY-SOON TO BE PLATTED PROPERTY. THE ALLOWED FOR DEVELOPMENT OF INDUSTRIAL AND TECHNOLOGY CAMPUS. THAT'S WHAT I WAS LOOKING FOR. DATA CENTER INDUSTRIAL WAREHOUSE FLEX OFFICE UTILITY YOU KNOW ALL THE USUAL AND CUSTOMARY USES YOU EXPECT WITH LI. THIS WENT TO THE REGULAR SEPTEMBER MEETING OF P&Z. THERE WAS REASONABLE AMOUNT OF DISCUSSION. A NUMBER OF FOLKS IN THE AUDIENCE WERE INTERESTED IN THIS INCLUDING NEARBY PROPERTY OWNERS. ULTIMATELY FOLLOWING THE DISCUSSION, THE VOTE WAS IN FAVOR OF RECOMMENDATION FOR THE APPLICATION 4-2. STAFF ALSO FOUND THAT THIS WAS CONSISTENT WITH THE TENANTS OF OUR COMPREHENSIVE PLAN AND THE UDC AND RECOMMENDED THE APPROVAL AS PRESENTED. THE APPLICANTS ARE HERE THIS EVENING. I WILL KEEP MY COMMENTS BRIEF. THEY CAN BE SPECIFIC FOR ANYTHING YOU WOULD LIKE TO KNOW ABOUT THE SPECIFICS OF THE PROPERTY. I CAN MAKE MYSELF AVAILABLE FOR TECHNICAL QUESTIONS ABOUT THE CITY >> THANK YOU. SIR. >> AND BEFORE WE GO ON, LET ME MAKE SURE WE OPEN UP THE PUBLIC HEARING AT 8:41 P.M. AND THEN YOU GUYS WANT TO PRESENT ANYTHING? YEAH. FEEL FREE. PERFECT. THANK YOU. I AM HAYDEN STRAIGHTER. I AM THE CHIEF DEVELOPMENT OFFICER. GOOD TO SEE YOU ALL. NICE TO IS SEE MANY OF YOU IN PERSON. SKY BOX HAS BEEN IN THE CITY OF HUTTO SINCE 2023 WHETHER WE ACQUIRED THE FIRST PORTION OF THE MEGASITE. AND WHICH IS SHOWN ON THE LEFT WHERE IT IT IS EXISTING DATA CENTER CAMPUS. WE SOLD 70 ACRES TO ENCORE TO ENABLE THEIR TL SWITCH SITE WHICH WAS PRIMARILY SERVING THE SAMSUNG FAB AND WE WERE ABLE TO BUILD THE FIRST 300 MEGAWATTS OF OUR CAMPUS, YOU CAN SEE DRIVING DOWN 79 TODAY. THE SECOND 300 MEGAWATTS JUST GOT LEASED AND WILL COMMENCE CONSTRUCTION HERE AT THE END OF THIS YEAR. WE'RE CLEARING FOR THAT RIGHT NOW. BUT THE SITE IS FULLY LEASED FOR EXISTING CAMPUS. WE CALL PROJECT SEQUEL REPRESENTS AN OPPORTUNITY TO [01:40:04] EXPAND. HOWEVER THE SITUATION WITH ERCOT HAS BECOME MORE CHALLENGING. THE CURRENT PLAN IS WE HAVE A PARTNER PROLOGIS, THE LARGEST INDUSTRIAL REAL ESTATE IN THE WORLD AND THEY INTEND TO GO AHEAD AND CLOSE ON THE SITE NOW WITHOUT KNOWING IF WE WERE GOING TO GET POWER FROM ERCOT OR NOT AND PROCEED WITH INDUSTRIAL DEVELOPMENT BUT THE GOAL IS TO HAVE THE OPTION TO BUILD IN ORDER TO GET TO THE PRICING WE PAYING FOR THE SITE. THE GOAL IS TO HAVE THE OPTION TO BUILD A DATA CENTER IN THE FUTURE. WE'RE HOPING TO BE ABLE TO CLOSE OUR AGREEMENT WITH THE EDC EXPIRES IN FEBRUARY. SO THE IDEA IS TO BE ABLE TO CLOSE BY THEN IF NOT SOONER. COMMENCE CONSTRUCTION ON A HERE WE GO, KIND OF AN EXAMPLE HERE. RIGHT HERE. THESE WOULD BE TWO INDUSTRIAL BUILDINGS AND MARKET THESE FOR BUILD TO SUIT. THEY WON'T COMMENCE CONSTRUCTION UNTIL THEY HAVE A TENANT. IF WE CAN SURE POWER WHICH MAY TAKE TWO YEARS WE WOULD COMMENCE THE FIFTH AND SIXTH DATA CENTERS IN THE MEGASITE. THERE'S A LOT OF BENEFITS TO HAVING BOTH LOGISTICS AND DATA CENTERS IN THE COMMUNITY. WE DATA CENTERS CREATE MORE JOBS THAN YOU THINK. INDUSTRIAL BUILDINGS CREATE A LOT OF JOBS. WHEN WE WERE FIRST PRESENTING, WE WERE ANTICIPATING 30 TO 60. IN OUR CURRENT BUILDINGS WE ARE OVER 100. ON THE INDUSTRIAL SIDE, THAT CAN BE DOUBLER TRIPLE. WE HAVE A UNIQUE CONTRIBUTION TO THE CITY HERE IN HUTTO. FROM A PROPERTY TAX PERSPECTIVE, JUST ON OUR FIRST CAMPUS WE WILL MORE THAN DOUBLE, WE WILL BE HALF, 50% OF TAX REVENUE FOR PROPERTY TAXES BASED ON THE CURRENT CITY PROPERTY TAX WHICH IS $29 MILLION A YEAR. ON 150 ACRES, YOU CAN EXPECT SOMETHING SIMILAR WITH THIS CONTRIBUTION. IT'S VERY EFFICIENT. IT'S A LOT OF PROPERTY, WE DON'T HAVE THE SAME HEAD COUNT BUT TREMENDOUS TAX BASE. WE'RE DRIVING REVENUE TO SCHOOLS POLICE AND THE CITY. THERE'S MORE DURING CONSTRUCTION. WE HAVE INTERACTED WITH THE POLICE DURING CONSTRUCTION TO HELP WITH TRAFFIC. ONCE THE SITE GETTING STABILIZED, THE GOAL IS WE'RE IN THE A BURDEN ON CIVIC INFRASTRUCTURE BUT CONTRIBUTING TO THE TAX BASE AND THE ECONOMY. IN THE COMMUNITY WE HAVE BEEN VERY INVOLVED SINCE WE HAVE BEEN HERE. WE HAVE REPRESENTED REPRESENTATION ON THE CHAMBER. WE HAVE WRITTEN NUMEROUS SCHOLARSHIPS TO WILLIAMSON COUNTY CAMPUSES. FUNDED THE HUTTO POLICE PROGRAM. WORKED WITH HUTTO I SD THROUGH HIGH SCHOOL JOB TRAINING AND APPRENTICESHIPS. DONE CARRY THE LOAD. WE HAVE HAD A BIG PARTICIPATION FROM FOLKS IN HUTTO. TODAY WE HAVE AROUND 1300 CONTRACTORS IN THE CITY OF HUTTO EVERY DAY. AGAIN THAT WILL SHAVE DOWN TO ABOUT 300 PEOPLE OVER THE NEXT THREE YEARS AND THEN IN ABOUT 29, IT WILL BE 100 TO 150. WE WILL HAVE 500 EMPLOYEES. WHEN WE GET TO THAT CAMPUS, THIS COULD EASILY DOUBLE. I THINK THAT'S IT. HAPPY TO ANSWER QUESTIONS. >> QUESTIONS OR COMMENTS FROM COUNCIL? >> YOU SAID THERE'S A PROBLEM WITH ERCOT. WHAT IS THE PROBLEM YOU'RE HAVING? >> ERCOT IS GOING THROUGH BATCH ZERO RIGHT NOW. BECAUSE WE DON'T OWN THIS SITE AND DON'T HAVE THE ZONING, WE WEREN'T ELIGIBLE FOR BATCH ZERO. THE NEXT OPTION IS TO GO TO BATCH ONE WHICH WON'T COMMEND UNTIL THE END OF NEXT YEAR AND WILL LIKELY TAKE A YEAR. IT WILL BE END OF '28 BEFORE WE KNOW HOW MUCH ELECTRICAL CAPACITY YOU CAN HAVE. THERE WAS 470 GIGA WATTS ON THE ERCOT CENTER, WHICH IS FOUR TIMES THE SIZE OF CURRENT TEXAS ELECTRICAL GRID. THEY HAVE GONE THROUGH A PROCESS TO NARROW THAT DOWN. ULTIMATELY 20% OF WHAT WAS REQUESTED IS POSSIBLE. THERE'S A PROCESS THAT GOVERNOR ABBOTT HAS BEEN INVOLVED AND WE HAVE BEEN INVOLVED IN PARTICIPATING IN THAT. SO EVEN OUR SECOND PHASE OF THE FIRST CAMPUS, SO THE SECOND 300 MEGAWATTS IS IN BATCH ZERO. THIS WOULD BE THE SUBSEQUENT PHASE AFTER THAT IF THAT MAKES SENSE. >> I HAVE A COMMENT ABOUT THAT. SO RIGHT NOW, IT'S BY THE STATE OF TEXAS UNDER REVIEW. ONE OF THE THINGS IN THE REQUEST WOULD BE ASKING US IF I UNDERSTAND CORRECTLY TO APPROVE SOMETHING THAT WILL BE LIKE OPEN ENDED POWER GENERATION, IS THAT HOW IT READS ON THE REQUEST. >> WHAT DO YOU MEAN OPEN ENDED? >> THE WAY I READ IT AND I ASKED OUR LEGAL. WHERE THE WORDING. I DON'T WANT TO MISQUOTE. OPERATE ON PREMISE POWER [01:45:02] GENERATION AS ACCESSORY TO ANY ALL ALLOWABLE USES ON THE PROPERTY. >> YES. SO THE IDEA WOULD BE IF FOR EXAMPLE, LET'S SAY WE GET POWER AND ERCOT COMES BACK AND SAYS IT WILL BE 2035. >> THAT'S THE PROBLEM BECAUSE RIGHT NOW THE ERCOT IS ON HOLD. WHICH IS FINE. THAT'S AT THE STATE LEVEL. SO HOW WOULD WE AS A CITY APPROVE PART OF REQUEST TALKING ABOUT ON PREMISE POWER GENERATION AS ACCESSORY TO ANY ALL ALLOWABLE USES ON THE PROPERTY. IT WOULD BE, IT WOULD BE IRRESPONSIBLE OF US TO APPROVE THIS THE WAY IT'S WRITTEN WHEN RIGHT NOW AS A STATE, WE DON'T KNOW WHAT THEY'RE GOING TO COME BACK. WE DON'T KNOW WHAT KIND OF ALLOWANCES OR OR RESTRICTIONS THEY COME BACK. >> IT WILL HAVE TO COMPLY WITH STATE LAW AND TCEQ PERMITTING. ANY KIND OF GENERATION RULE MAKING IS GOING TO APPLY TO ANYTHING WE WOULD DO. WE'RE ASKING TO WORK WITHIN WHATEVER IS LEGAL IN THE STATE AND MAKE SENSE. >> THAT WOULD FUNDAMENTALLY CHANGE WHAT YOU'RE ABLE TO DO WITH THE PROPERTY, WOULDN'T IT? >> NO. THE IDEA, NOT NECESSARILY. JUST CHANGE WHETHER WE'RE GRID INTERCONNECTED OR PRIMARY POWER ON THE SITE. THE MAIN THING THAT WOULD CHANGE IS THIS SUB STATION ON THE BOTTOM. COULD POTENTIALLY LOOK LIKE NATURAL GAS OR FUEL CELLS. THAT WOULD BE THE SHIFT. INSTEAD OF RELYING ON GRID POWER, YOU RELY ON PRIMARY GENERATION POWER. >> SO THAT MAY CHANGE WHAT YOU'RE ABLE TO DO. >> OH YEAH. THIS SITE PLAN -- >> TO US AS A CITY, IT DOES MAKE A DIFFERENCE AND WE HAVE A RESPONSIBILITY TO LOOK AT THAT AND TRY TO PROTECT AS MUCH AS WE CAN ON OUR SIDE. THE OTHER THING TOO AND THIS IS JUST FOR COUNCIL. THE REASON I SUBMITTED FOR LEGAL ADVICE. I REQUESTED WE ESTABLISH RULES AND REGULATIONS WHAT TYPE OF STANDARDS AROUND ANY DATA CENTER DEVELOPMENT. WE DON'T WANT TO STOP, WE CAN'T. BUT WE WANT TO BE INTENTIONAL THE WAY WE ALLOW IT TO HAPPEN WITHIN THE CITY OF HUTTO. SOME OF THE QUESTIONS, I DON'T KNOW IF COUNCIL HAD THE OPPORTUNITY TO REVIEW THE FULL MEMO THAT CAME BACK FROM LEGAL, EVEN ON THE QUESTION THAT CAME BACK FROM THEM. THERE'S STILL OTHER QUESTIONS ABOUT HOW WOULD FUTURE REQUIREMENTS OR BUFFERS THAT WE IMPOSE AS A CITY APPLY TO THIS PROJECT IF WE APPROVE IT TONIGHT? IF WE MAKE AN ACTION TO MOVE FORWARD ON IT. A COUPLE THINGS I WANT TO BE REALLY CLEAR ON. ITEM ONE, QUESTION NUMBER ONE DOESN'T FULLY CLARIFY WHICH FUTURE STANDARDS APPLY. SO THANK YOU FOR ANSWERING THAT QUESTION IN THE LEGAL STANDARD DOTTIE, IT SEEMS LIKE AT THIS POINT, AND I MIGHT NEED FURTHER CLARIFICATION WHICH IS WHY WE COULDN'T MOVE FORWARD TONIGHT. IT DOESN'T CLARIFY WHICH SPECIFIC FUTURE STANDARDS WE WOULD IMPOSE AND THE FUTURE APPLY TO THIS PROJECT IF WE APPROVE IT. DOESN'T FULLY ANSWER THE BY-RIGHT QUESTION OF DEVELOPMENT. LATER UDC AMENDMENTS WOULD NOT APPLY. IT WOULD REQUIRE A VERY NARROW AMENDMENT TO CHAPTER 245. THE OTHER ITEM I FOUND ON THERE IS THAT THE CITY CAN PASS REGULATION STANDARDS LATER, HOWEVER WE MAY NOT BE ABLE TO APPLY TO THIS SPECIFIC PROJECT. WE CAN'T BE ASSURED THAT OUR FUTURE UDC CODE WOULD APPLY EVEN IF WERE TO PASS THIS TODAY. THE BENEFIT QUESTION IS WHAT LEVERAGE OR DRAFT WOULD WE HAVE AND HAVE ALL OF THE BENEFITS OF THE DATA CENTER IS A ANOTHER PART I REQUESTED BEEN IDENTIFIED. THE ANSWER TO THAT IS NO. WE'RE STILL EARLY ON THESE CONVERSATIONS. WE HAVEN'T MATURED OR MOVED FORWARD IN THE CONVERSATION. THE LAST THING WE AGREED TO DO IS ALLOW TIME FOR THE RFQ TO COME BACK FOR THE AIR QUALITY ANALYSIS BEFORE WE START LOOKING AT WHAT OTHER STANDARDS WE WILL REQUEST FOR OURSELVES AT THE CITY AS FAR AS DATA CENTERS ARE CONCERNED. AND SO, FOR ALL OF THOSE REASONS BECAUSE WE HAVEN'T MOVED FORWARD ON THAT, IT WOULD BE IRRESPONSIBLE OF US TO APPROVE THIS TONIGHT TO CHANGE THIS ZONING TO ALLOW THIS REQUEST TO BE APPROVED. >> I HAVE A QUESTION. THIS AGENDA ITEM IS TO LOOK AT REZONING THE PARCEL FROM LI TO PUD. I THOUGHT THAT'S WHAT THIS IS. KIND OF TOTALLY WHAT DOES? IT DOES TALK ABOUT ON-SITE POWER GENERATION. [01:50:01] I THINK THE DOCUMENT THAT COUNCILMEMBERS ZEPEDA WAS LOOKING AT TALKS ABOUT GENERATOR USE. IT'S ONLY FOR SUPPLEMENTAL RELIABILITY PURPOSES INCLUDING BUT NOT LIMITED TO UTILITY OUTAGES. SO THE POWER GRID GOES DOWN. MAINTENANCE, TESTING AND PARTICIPATION IN UTILITY MANAGED LOAD SHEDDING OR DEMAND RESPONSE PROGRAMS. SO IN OTHER WORDS, IF THERE'S POTENTIAL FOR BROWN OUTS, THE WAY I UNDERSTAND IT. IF THE DATA CENTER CAN TAKE THE LOAD OFF THE GRID. THAT WOULD ENSURE WE DON'T HAVE BROWN OUTS IN OTHER AREAS. JUST BEING A GOOD STEWARD ON THE GRID. THIS IS JUST ABOUT CHANGING THE, THE AGENDA IS NOT WHAT IS IN THE PUD, THIS, AGENDA ITEM IS CAN WE REZONE FROM LI TO PUD? >> THAT'S CORRECT. >> WE'RE NOT NEGOTIATING WHAT IS IN THE PUD. CORRECT. WE CAN'T TALK ABOUT THAT. I'M JUST ASKING LEGAL HERE. >> IN THE PUD IS THERE ATTACHMENT TO IT. SO THOSE ARE THE CONDITIONS IF YOU APPROVE THE ORDINANCE TONIGHT, YOU WOULD APPROVE THAT ATTACHMENT A WITH ALL THOSE CONDITIONS IN IT. >> RIGHT. >> WHERE IS THAT AT? >> AND IT'S ZONING. SO JUST LET ME MAKE IT CLEAR, WHEN YOU APPROVE ZONING, THEY TALK ABOUT VESTED RIGHTS. YOU DON'T HAVE A VESTED RIGHT IN ZONING. YOU CAN ALWAYS, A CITY COUNCIL CAN ALWAYS CHANGE ITS ZONING EXCEPT FOR THE THOSE LITTLE EXCEPTIONS LIKE LANDSCAPING AND THE THINGS THEY WROTE INTO CHAPTER 245. BUT. CHAPTER 245 IS NOT A VESTED RIGHT STATUTE. IT'S HOW YOU ISSUE YOUR LOCAL PERMITS. SO THEY GET THEIR ZONING AND GO THROUGH THE PERMITTING PROCESS AND DEPENDING ON WHERE THEY ARE, AND YOU CHANGE THE REGULATIONS ANY IN YOUR REGULATIONS ARE IN THE EXEMPTIONS, YOU CAN APPLY TO THEM. THEY'RE ALWAYS GOING TO HAVE -- THE CITY IS ALWAYS PREEMPTED BY STATE. SO ANYTHING THAT THE GOVERNOR IS DOING BECAUSE OF THE POWER OR TCEQ IS DOING BECAUSE OF CLEAN AIR, THEY HAVE TO COMPLY WHETHER WE WROTE IT IN THE ZONING ORDINANCE OR NOT >> SO I'M LOOKING AT ON PAGE 242, I ASSUME THAT'S THE PROVIDED BY METCALF WOLF STEWART AND WILLIAMS. THAT'S THE PUD. IS THAT A CORRECT STATEMENT? >> 242? >> I DON'T HAVE THE PAGE. >> YES THAT IS THEIR CONDITIONS FOR. >> YEAH, I HAVE 242. >> SO I'M LOOKING UNDER GENERATORS. AND IT SAYS 3.6, PAGE 253, AND IT TALKS ABOUT SAYS ON SITE POWER GENERATION, ON SITE NATURAL GAS POWER GENERATION SUPPORTS RELIABLE ENERGY FOR EXAMPLE FACILITIES CAN CONTINUOUS DEMAND AND ENABLING CONSISTENT OPERATIONS AND DATA INTENSIVE USES WITH COMPLIANCE TO PROTECT AIR QUALITY AND PUBLIC HEALTH. I ALSO LOOKED AT GOVERNOR ABBOTT'S HIS DOCUMENT FROM I THINK IT'S JUNE 10TH. ON 2026. THAT THIS IS ALL GOING TO COMPLY WITH REGULATIONS. IT'S NOT A QUESTION IS THIS GOING TO COMPLY WITH REGULATIONS. YES IT HAS TO. NOT DEBATING WHAT IS IN THE PUD IS OR IS NOT GOING TO BE COMPLIANT. AIR, WATER, GROUND QUALITY STUFF LIKE THAT. AND I READ THIS AS, IT'S TO SUPPORT RELIABLE ENERGY SOURCE. NOT TO BE CONTINUOUS. IT'S NOT FOR SOMETHING THAT'S GOING TO ON ALL THE TIME OUTSIDE OF A GRID PROBLEMS OR WORKING WITH GRID LOADING OR IF YOU'RE DOING MAINTENANCE OR TESTING IS THAT A TRUE STATEMENT? >> NO, I WILL CLARIFY THAT. IF THE GRID, IF WE ARE SUBSTANTIALLY DELAYED. SO FOR EXAMPLE, IF WE CAN'T GET INTERCONNECTED FOR TWO YEARS, IT MAY RUN CONTINUOUSLY. THAT IS DIFFERENT THAN WHAT WE HAVE DONE ON OUR ORIGINAL CAMPUS. >> OKAY. ON THAT SITE, IS THERE NATURAL GAS AVAILABILITY? >> NEARBY BUT WE WOULD NEED SEPARATE PERMITTING TO GET THE GAS TO THE SITE. >> AND THE CITY DECIDES THAT PERMITTING? >> I'M NOT TOTALLY FAMILIAR. BASED ON WHAT I SAW FROM CIP. >> HOWARD IS THAT TRUE? >> IN OTHER WORDS WE CAN DECIDE WHETHER OR NOT IF THERE IS AND ISSUE WITH ERCOT, THE CITY STILL HAS SOMETHING DOWN THE ROAD. >> YES, SIR, WE WOULD HAVE TO COME BACK TO YOU. >> WE'RE NOT DECIDING ALL THESE DECISIONS TONIGHT. I THINK WE'RE TRYING TO DECIDE TOO MUCH TONIGHT. I'M TRYING TO SEE THIS IS CHANGING A ZONING AND LAND USE [01:55:01] FROM LI TO PUD. THE CONTENTS OF THE PUD ARE TO BE DETERMINED BUT MUST COMPLY WITH ALL STATE, AND FEDERAL REQUIREMENTS. THAT'S NOT AT ISSUE HERE. SO AS FAR AS THE ON-SITE GENERATION, WHICH DOESN'T TALK ABOUT ANYTHING EXCEPT FOR NATURAL GAS. DOESN'T TALK ABOUT DIESEL. NATURAL GAS FIRE GENERATORS. FUEL CELL. BATTERY ENERGY STORAGE FACILITIES. COMPLIANCE WITH ALL ENVIRONMENTAL ADHERENCE TO TCEQ AND SO YOU COULD HAVE BATTERIES ON SITE. >> THE GOAL IS MAKE IT MORE RESILIENT FOR GRID INTERRUPTION. >> UNDERSTOOD. >> WE HAVE BATTERY THAT CATCHES INTERMITTENT LOAD. IF THERE'S A FLUCTUATION ON THE GRID, IT GOES TO BATTERY. THE CONCEPT IS TO BE ABLE TO BUILD AN OUTDOOR PLANT TO CREATE MORE RESILIENCY. >> I HAVE ADVANCED DEGREES IN CHEMICAL ENGINEERING. I DON'T THINK THIS IS ANYTHING OUT OF COMPLIANCE. THIS ISN'T THE FINAL SAY FROM THE CITY COUNCIL STANDPOINT. THIS IS JUST A ZONING REQUEST. >> YES, SIR. >> IT DOES HAVE THE STIPULATION WE COULD HAVE ON SITE POWER GENERATION COVERED BY TEXAS STATE FEDERAL REGULATIONS. THE TCEQ. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY. WHAT ABBOTT IS COMING UP WITH. I THINK IT'S TOO EARLY TO SAY NO TO THIS. BECAUSE WE DON'T KNOW ALL THE DETAILS YET. BUT THEY DO KNOW THE GUARD RAILS. THEY ARE THERE, SET BY STATE AND FEDERAL AND ENCOMPASS ENVIRONMENTAL ISSUES AND GRID ISSUES. AND THEY ALSO ENCOMPASS, WE TALK ABOUT, WE, WE ENLISTED A PROFESSIONAL CONSULTING AGENCY FOR NOISE AND THINGS LIKE THIS. AND THERE'S ISSUES OUT THERE ABOUT HEAT DOME AND STUFF LIKE THIS. I HAVE BEEN FOLLOWING THESE THING SINCE MY GRADUATE STUDIES IN THE 80S. THESE ARE JUST SCALE ISSUES. THEY'RE JUST SCALE ISSUES FROM A WORK STATION ON YOUR DESK TO A RACK TO A ROOM, BUILDING WITH LOTS OF ROOMS AND NOW WE HAVE CAMPUSES WITH LOTS OF ROOMS. I UNDERSTAND THE CONCEPT. I AM FOR THIS TONIGHT BECAUSE WE'RE CHANGING FROM ZONING TO PUD. AND TO SEE WHAT THE PUD IS GOING TO DO. WE'RE NOT DEFINING WHAT IS IN THE PUD. BUT OUTSIDE AGENCIES AND OUTSIDE LAWS DEFINE OUR GUARD RAILS IN THIS. QUESTION. >> I AM FINE WITH THAT. >> HEY DOTTIE, JUST FOR CLARIFICATION FOR MYSELF. EXHIBIT A IS NOT THIS SPECIFIC PUD. IT'S WHAT THEY HAVE SAID THEY WANT IN THE PUD OR CAN YOU EXPLAIN WHAT EXHIBIT A IS EXACTLY IN THIS. >> SO THE EXHIBIT A IS THE CONDITIONS THAT THEY CAN DEVELOP UNDER IN YOUR PUD ORDINANCE. >> WITHIN THE ORDINANCE. >> THEY WILL HAVE TO BRING BACK A SITE PLAN WHEN THEY ACTUALLY START DEVELOPMENT AND CONSTRUCTION PLANS. I GAVE YOU A LIST OF ITEMS YOU CAN CHANGE. ANY BEEN CODES OR ELECTRICAL CODES. ANYTHING THAT COMES OUT AFTER THIS ZONING IS APPROVED, THEY VALID TO COMPLY WITH ANY UTILITY STANDARDS THAT YOU WANT TO CHANGE. YOU CAN APPLY TO THEM ANY CONSTRUCTION STANDARDS. I GAVE YOU A LAUNDRY LIST OF THE THINGS YOU COULD CHANGE EVEN IF YOU APPROVE THIS ZONING. >> OKAY. >> THEY HAVE TO FILE THEIR PERMITS. THEY CAN'T ABANDON THEIR PROJECT. THEY ABANDON THEIR PROJECT AND YOU REZONE THIS LIGHT INDUSTRY AND ELIMINATE DATA CENTERS, THEY COULDN'T DO IT. SO IT'S NOT LIKE YOU GET ZONING ON YOUR PROPERTY IS IT'S A DONE DEAL. YOU CAN ALWAYS CHANGE THE ZONING. THEY COULD BEEN NONCONFORMING. THERE ARE EXEMPTIONS YOU CAN APPLY TO THEM UNDER THE ZONING. SO I EXPLAINED ALL THE OPTIONS AS AND I HAVEN'T GOTTEN FURTHER QUESTIONS. I'M ASSUMING YOU UNDERSTAND WHAT I SAID. >> YES, MA'AM. THANK YOU FOR THAT. >> THANK YOU FOR THAT DOTTIE. SO THAT REALLY JUST SPELL OUT THE PROBLEM. ARE WE GOING TO ALLOW THIS ZONE CHANGE TONIGHT AND FROM THE LIGHT INDUSTRIAL CURRENT ZONING TO A PUD BEFORE WE AS A COUNCIL AS A CITY,AS A COMMUNITY HAVE ESTABLISHED WHAT AGAIN WHAT REGULATIONS, WHAT STANDARDS DO WE WANT? SPECIFICALLY FROM DATA CENTERS. [02:00:02] I EVEN PUT IN THE COUNCIL MEMO WE LOOK AT WHAT OUR NEIGHBORS ARE DOING. ROUND ROCK SPECIFICALLY IMPLEMENTED WITHIN A PUD. THAT'S SOMETHING WE CAN ADOPT AND LOOK AT IT. >> POINT OF ORDER, MAYOR. >> THE AGENDA ITEM IS -- >> WELL I'M EXPLAINING. >> POINT OF ORDER MAYOR. >> LET ME HEAR WHEN THE POINT OF ORDER THIS. >> THIS AGENDA ITEM IS TO CONSIDER ZONING FROM LI TO PUD. IT'S NOT TO CONCERN OURSELVES WITH THE DETAILS OF THE PUD. IS THAT A CORRECT STATEMENT, LEGAL? >> YOU CAN PLACE ADDITIONAL CONDITIONS ON THIS PUD. IF YOU SO CHOOSE. YOU CAN SAY, ADOPT ATTACHMENT A OR I THINK THEY CALL IT ATTACHMENT A TO THE ORDINANCE IN THE PUD WITH STANDARDS AND CONDITIONS. IF YOU TO ADD ADDITIONAL CONDITIONS TONIGHT YOU CAN DO THAT. >> SO THOSE ADDITIONAL AMENDMENTS OR CHANGES THEY HAVE TO CONFORM WITH STATE FEDERAL >> >> OKAY. >> THANK YOU. >> SO I WASN'T SPEAKING ABOUT STATE AND FEDERAL LAW. I'M TALKING ABOUT WHAT WE AS A CITY OF HUTTO WANT TO IMPLEMENT WITHIN A PUD SPECIFICALLY FOR DATA CENTERS. WHICH IS WHY BEFORE I WAS INTERRUPTED, WHAT I WAS TALKING ABOUT. >> POINT OF ORDER. >> YOU CAN LOOK AT EXAMPLES WE CAN BORROW ADOPT, OR ADJUST FROM OUR NEIGHBOR WHO IS HAVE SUCCESSFULLY, THEY'RE GOING TO HAVE NINE DATA CENTERS IF THAT'S WHAT WE WANT. THE POINT IS WE HAVE A RESPONSIBILITY TO FIRST ESTABLISH WHAT DO WE WANT? WHAT IS THE RIGHT FIT FOR HUTTO BEFORE WE TELL ANYBODY, YEAH, WE'RE GOING TO CHANGE THE ZONING. ACCORDING TO YOUR RESPONSES TO MY QUESTIONS ON YOUR LEGAL MEMO. WE MAY NOT BE ABLE TO GO BACK AND RETROACTIVELY IMPOSE ANY REGULATIONS WE MAY ADOPT IN THE FUTURE TO THIS SPECIFIC PUD. >> YOU CAN IMPOSE REGULATIONS IN THE FUTURE WITHIN THE EXEMPTIONS. >> A LOT OF THAT REQUIRES -- MA'AM, >> CAN WE HAVE LEGAL FINISH THEIR STATEMENT. >> WOULD YOU STOP TALKING. I'M HAVING A CONVERSATION WITH HER. >> YOU'RE SAYING SOMETHING. THE CITY ATTORNEY STARTS TALKING. LET HER AT LEAST FINISH. >> YOU CAN CHANGE THE ZONING. YOU CAN MAKE THEM NON-CONFORMING USE. YOU CAN APPLY THOSE REGULATIONS THAT YOU'RE ALLOWED TO UNDER CHAPTER 245 THAT ARE EXEMPTIONS. IF THEY FOR SOME REASON IN THEIR SITE PLAN PROCESS DON'T MAKE ANY PROGRESS TOWARDS COMPLETION OF THEIR PROJECT, YOU CAN CONSIDER THEM TO ABANDON THEIR PROJECT. YOU HAVE A LOT OF OPTIONS. WE DON'T KNOW WHAT WILL HAPPEN IN THE FUTURE. RIGHT NOW YOU HAVE, YOUR EXHIBIT ATTACHED TO THE ORDINANCE. IF YOU WANT TO ADD MORE CONDITIONS YOU CAN. >> THOSE ARE THE THINGS WE WANT TO WORK ON. THAT WOULD BE RESPONSIBLE OF US TO DO SO. WHAT I'M SAYING IS WE PUT THIS ON HOLD OR PAUSE OR MOVE THIS REQUEST TO A LATER DATE WHEN WE HAD TIME AS A CITY TO RESPONSIBLY CONSIDER WHAT STANDARDS AND REGULATIONS DO WE WANT SPECIFICALLY AROUND DATA CENTERS, IF YOU'RE GOING TO BUILD INTO THE PUD THAT'S FINE. WE HAVEN'T YET DONE THAT. WE HAVEN'T TAKEN THE TIME TO DO THAT. SO THIS IS VERY PREMATURE IN THE TIMELINESS OF THIS REQUEST. >> CORINA, I SEE YOUR POINT. SOMETIMES YOU HAVE TO GET IN THE WATER TO LEARN TO SWIM AND SOMETIMES YOU'RE GOING TO SUCK WATER DOWN YOUR THROAT. I AGREE AND WE NEED TO LOOK AT THAT. I DON'T THINK SEEKING PERFECTION SHOULD HOLD US UP. >> I THINK THERE'S GREAT POINTS. >> THIS IS CONFUSION. IT SOUNDS LIKE YOUR CONCERN IS WE APPROVE THIS AND THAT GIVES THEM RIGHTS WE CAN'T GO BACK AND CHANGE. >> THAT'S HOW I READ DOTTIE'S RESPONSES. >> SHE KEEPS TELLING YOU NO. NO, YOU CAN WHICH BACK AND CHANGE ANYTHING. WE CAN HAVE A SOUND ORDINANCE AND SAY 75 DECIBELS AND COME BACK IN TWO YEARS AND SAY, ACTUALLY 65 IS THE WAY TO GO AND FORCE PEOPLE TO ADHERE TO THAT. WHAT I'M HEARING IS, YOU HAVE VALID CONCERNS. BUT THE CITY ATTORNEY KEEPS SAYING YOU CAN ADDRESS THOSE. WE CAN SAY NO AND WAIT FOR THE STUDY TO COME BACK AND COME AGAIN. AND NEW TECHNOLOGY COMES OUT AND, WE'LL NEVER MAKE A DECISION BECAUSE WE'RE TRYING TO GET TO THE EVERY SINGLE DETAIL. THAT'S WHY WE HAVE AMENDMENTS TO OUR DESIGN PROCESSES. THAT'S WHY WE GO BACK AND AMEND THINGS ALL THE TIME BECAUSE WHAT WORKED TWO YEARS AGO DOESN'T WORK TODAY. ESPECIALLY WITH THE TECHNOLOGY THAT IS CHANGING. I DON'T KNOW. I'M GETTING CONFUSED BECAUSE I KEEP HEARING THE CITY ATTORNEY SAY WE CAN MAKE CHANGES. [02:05:04] SOUNDS LIKE YOU DON'T THINK WE CAN. SHE HAS BEEN DOING THIS FOR A WHILE. >> SO, LET'S JUST BE VERY POINTED ABOUT THE QUESTION. DOTTIE, ON YOUR RESPONSES, YOU SAID IT WOULD HAVE TO BE A VERY NARROW AMENDMENT IN CHAPTER 245 IN ORDER TO MAKE CHANGES. SPECIFICALLY THE CHANGES I HAD REQUESTED AT THE LAST CITY COUNCIL WE LOOK AT ARE THINGS LIKE BUFFER ZONES. SIZE OF THE BUILDING. AVOIDING CLUSTERS. HOW CLOSE THEY ARE TO NEIGHBORHOODS. ARE ALL THOSE THING WE ARE GUARANTEED TO CHANGE IF WE ADOPT IN THE FUTURE >> WHEN YOU LOOK AT WHERE THIS IS. IT'S NOT CLOSE TO NEIGHBORHOODS. >> NOT TODAY. >> NOT EVER. >> YOU'RE USING THE EXAMPLE TO SAY, HOLD ON. TIME OUT. WHAT IF WE MAKE A SETBACK TO NEIGHBORHOODS. CAN THEY GET AWAY WITH THAT. THEY'RE BUILDING THIS IN THE CENTER OF AN INDUSTRIAL THING. I HAVE NO CONCERN BEING NEXT TO A NEIGHBORHOOD. I DON'T SEE THE EDC EVER SELLING LAND TO A NEIGHBORHOOD DEVELOPER BECAUSE MOST ARE NOT IN FAVOR OF MORE RESIDENTIAL. I THINK IT'S A VALID CONCERN. IF YOU WERE CHANGING THE LIGHT INDUSTRIAL DATA CENTER CATEGORY IN THE CODE FOR EVERYTHING. BUT THIS IS A VERY SPECIFIC TARGETED SPOT AND SO I THINK WE NEED TO HAVE WHAT YOUR CONCERNS ARE SPECIFICALLY TO THIS PARTICULAR SITE PLAN RESIDENTIAL TAKING OUT. ANYTHING THAT DOESN'T PERTAIN. LET'S NOT TALK ABOUT IT. IT'S CONFUSING THE ISSUE. WHAT IS YOUR ISSUE WITH 240 ACRES OF DATA CENTER SURROUNDED BY INDUSTRIAL AND 79, RAILROAD AND 380 FOOT HIGHWAY KNOWN AS SOUTHWEST LOOP. WHAT ARE THE CONCERNS TO ADD INTO THIS AND VOTE ON IT? >> MY CONCERN IS WE HAVEN'T DONE THAT WORK. >> WHICH WORK? >> THE WORK I REQUESTED, SETTING UP AS A CITY WHAT THE STANDARDS WOULD BE AROUND ANY AND ALL DATA CENTERS. >> YOU CAN'T DO THAT BECAUSE NOT ALL DATA CENTERS ARE COOKIE CUTTER. SOME ARE GOING TO BE INDUSTRIAL AREAS AND SOME MAY NOT BE. WE HAVE TO TAKE IT CASE BY CASE BASIS. >> THAT'S TRUE. AND WE MAY NOT ADOPT THAT. THE POINT IS WE HAVEN'T DONE THAT WORK. THAT'S WHAT I'M SAYING. >> THERE'S NO WORK TO DO THOUGH. >> IT SOUNDS LIKE, LISTEN, I WOULD JUST SAY THIS AND I'M NOT, I WILL BE HONEST. I'M NOT NECESSARILY IN FAVOR OF GOING TO PUD ROUTE BECAUSE THE SUP, I HAVE TO REALLY UNDERSTAND THE PUD. WE HAVEN'T TALKED ABOUT THIS. I HAVE TO UNDERSTAND ALL THIS BECAUSE SOME OF THESE THINGS ARE WRITTEN IN. WHAT I LIKE ABOUT THE SUP, YOU COME UP AND WE MAY WANT YOU TO PAINT THE BUILDINGS PINK AND THAT'S THE ONLY WAY YOU'RE GOING TO GET IT DONE BECAUSE WE MADE IT PART OF THE SUP. WHAT I AM ALSO NOT IN FAVOR OF, NOT TO PICK ON COUNCILMEMBER KING. HE'S NOT IN FAVOR OF RESIDENTIAL. HE MAKES NO BONES ABOUT IT AND JUST VOTES NO ON A RESIDENTIAL DEVELOPMENT. I CAN APPRECIATE THAT. IF PEOPLE RUN FOR OFFICE AND CAMPAIGN ON BEING ANTI-DATA CENTER, I'M FINE. JUST VOTE NO. DON'T COMPLICATE THE PROCESS AND DRAG EVERYBODY ELSE THROUGH WHEN AT THE END OF THE DAY, YOU'RE GOING TO VOTE NO. VOTE NO AND EXPLAIN WHY YOU DON'T WANT TO. RUNNING DETAILS ON PROJECTS NEXT TO NEIGHBORHOODS AND OVERALL CITY PLAN AND IT'S NEXT TO A RAILROAD. AND WE OWN ALL THE LAND AROUND IT. WE HAVE NOT HAD ONE CONVERSATION ON NEIGHBORHOOD. WE DON'T EVEN WANT TO ENTERTAIN RESIDENTIAL PEOPLE. SO, I BEING IF THERE'S SPECIFIC THINGS THAT YOU HAVE CONCERNS ABOUT, THIS THING MAY PASS TONIGHT. IF YOU HAVE A SPECIFIC ISSUE, YOU WANT A SETBACK NEXT TO OTHER INDUSTRIAL BUILDINGS, BRING IT UP. IF YOU WANT STANDARDS FOR SETBACKS WERE IT'S COMPLICATED. THAT'S WHY SOME YOU DO A PUD. YOU DO SUP A LOT OF TIMES BECAUSE EVERY DEAL IS DIFFERENT. IT'S NOT LIKE YOU'RE BUILDING A RESIDENTIAL NEIGHBORHOOD AND HOMES TO WHERE YOU CAN SAY IT'S A 10 FOOT SETBACK. I WANT TO GIVE YOU AN OPPORTUNITY, COUNCILMEMBER TO LET US KNOW SO WE CAN UNDERSTAND YOUR CONCERNS AND TRY TO ADDRESS THEM. WE CAN MAKE THESE GUYS DO ANYTHING WE WANT. FOR INSTANCE, MY QUESTION IS, WHAT IS WRONG WITH THE SUP PROCESS? WE DID GRANT YOU THAT. THE PUD OPENS UP PUBLIC SCRUTINY WHICH IS FINE. [02:10:04] IT CAUSES MORE THINGS BECAUSE TO SOME PEOPLE YOU GUYS ARE TRYING TO GET SOMETHING. THE WORDING IS A LITTLE FUNNY BECAUSE IT MAKES IT SOUND LIKE YOU CAN MAKE A NUCLEAR POWER PLANT. SOME PEOPLE HAVE READ THE AGENDA ITEM IN THE PUBLIC AND DIDN'T READ THE DATA BEHIND IT. THEN THEY JUST SKIPPED THE DETAILS AND GO STRAIGHT TO THE DEAL. IS THERE A REASON WHY YOU CAN'T COME UP WITH AN SUP AND JUST SAY, BECAUSE WE DID. DIDN'T WE DO THAT TWO WEEKS OKAY. >> WE TALKED ABOUT IT YES, SIR. SO THE CHALLENGE WE HAVE RIGHT NOW IS THE AMOUNT OF UNCERTAINTY ON HOW POWER IS GOING TO WORK AND HOW, WHAT ARE THE STATE RULES GOING TO BE. AND WE HAVE A SHOT CLOCK ON BEING ABLE TO CLOSE ON THIS LAND. IF WE DON'T CLOSE IN FEBRUARY, I DON'T KNOW THAT WE'RE GOING TO COME BACK TO THE TABLE FOR THIS SITE. WE HAVE TO BE ABLE TO JUSTIFY DEVELOPMENT. WE WOULD LIKE TO BUILD LIGHT INDUSTRY. THE ONLY WAY TO PAY THE PRICE IS TO HAVE OPTION FOR DATA CENTER. I CAN LIVE WITH EVERYTHING IN EXHIBIT A. WHICH IS ALMOST WORD FOR WORD WHAT WE HAVE IN OUR CURRENT DEVELOPMENT AGREEMENT ON THE CURRENT SITE. EVERYTHING IS MORE RESTRICTIVE EXCEPT FOR THE GENERATION PIECE. WHAT WE TRIED TO DO IS MATCH OUR ORIGINAL HANDSHAKE AND SAY, HEY, WE WANT TO BUILD A HIGHER VALUE BUILDING THAT IS BETTER FOR THE CITY. BUT WE NEED TO DO SOMETHING TO GENERATE REVENUE IN THE MEANTIME WHILE WE FIGURE THE DETAILS OUT. FORTUNATELY, WE HAVE A GREAT PARTNER WILLING TO DO THAT. OUR HOPE THIS WAS A WIN-WIN-WIN. YES, I UNDERSTAND WHY AN SUP WOULD BE PREFERRED. THE CHALLENGE IS WITH THE SIZE OF THE SITE AND THE AMOUNT OF VARIABLES WE'RE TRYING TO JUGGLE AT ONCE, THERE'S NO WAY WE'RE GOING TO BE ABLE TO AGREE FOR SEVERAL MORE YEARS. >> THAT'S THE CHALLENGE. >> YOU COULD ASK FOR AN SUP TO BUILD A DATA CENTER. >> I GUESS THAT'S TRUE. >> THE LAST COUPLE SAID IT HAS TO BE A CLOSED LOOP SYSTEM. >> EVERY BUILDING WE HAVE BUILT IS CLOSED LOOP. >> MOST OF THE PUBLIC THINKS YOUR LYING. WE USE FIVE MILLION GALLONS A DAY. EVERY TIME WE TELL THEM IT'S A CLOSED LOOP SYSTEM. YOU'RE TRYING TO LIE TO US. WE'RE TRYING TO PROVE. >> WE HAVE VERY SMART STAFF. WE HAVE A PROCESS THREE THE SCR REQUEST THAT YOU HAVE TO TELL US WHAT SIZE BUILDING. WHAT YOU PLAN ON DOING. HOW YOU PLAN ON DOING IT. WE IN TURN SAY YOU CAN HAVE X AMOUNT OF WATER AND WASTEWATER CAPACITY. YOU CAN'T GO OVER THAT. WE'RE TRYING TO FIND A WAY TO PROVE TO THE PUBLIC THERE IS A PROCESS BECAUSE SOME PEOPLE THINK AGAIN, THEY READ THE HEADLINE AND THEY DON'T, WHY WOULD YOU EVER READ 30 PAGES EVER DETAIL WHEN THE HEADLINE SAYS YOU'RE GOING TO BUILD A DATA CENTER. WE'RE TRYING TO SHOW THEM THERE'S A PROCESS WE GO THROUGH. THE CITY ATTORNEY TOLD US A YEAR AGO, IF YOU USE AN EXORBITANT AMOUNT OF WATER WE COULD SHUT YOUR DATA CENTER. >> I KNOW YOU'RE NOT GOING TO USE MORE WATER THAN WE PERMITTED YOU TO USE. IF SO, YOU HAVE TO DEAL WITH THAT WITH YOUR CLIENT BECAUSE YEAR NOT GOING TO LET YOU USE MORE KNOW THAT AMOUNT OF WATER. THAT'S ALL WE'RE TRYING TO DO. THAT'S WHEN YOU ADD INTO THE PUD PROCESS, IT JUST ADDS ANXIETY TO PEOPLE WHO AREN'T INTO THE DETAILS. WHAT I WANT TO KNOW, >> MAYOR, CAN I CHIME IN REAL QUICK? >> SO. I DID HAVE A QUESTION REGARDING THIS, THIS MORNING. ABOUT THE SKY BOX. IF IT WAS CLOSED LOOP SYSTEM OR NOT. SO SOME INVESTIGATION WAS DONE AND WHAT I GOT WAS A REPLY FROM THE ATS ENGINEERS ON THAT PROJECT. IT SAYS, THE FINDINGS FROM PERMIT COM-25-0133 SKY BOX HUTTO 2. THIS PROJECT IS A CLOSED LOOP AIR COOLED CHILLER. CHA-2-A 1 AND CHB-4-A1 WITH 128 KRAH UNIT AND SIX CHILLED WATER DOAS FOR THE COMPUTER SERVER [02:15:10] COOLING. SHEET M08-01 D 1 CHILLER PLANT SEQUENCE OF OPERATION, IT GIVES THE SYSTEM DESCRIPTION THERE. AND THEN SHEET M 08-03 D1, THE MNR CHILLER PLANT SEQUENCE. SO THAT PLANT IS A CHILLED LOOP AIR COOLED SYSTEM. >> YES, SIR. THEY ARE LYING TO YOU COUNCILMEMBER KING. SORRY. >> SO, THIS IS A SERIOUS QUESTION. WITH THE STATE LOOKING AT REPEALING EXEMPTIONS AND THINGS. >> YES, SIR. >> CAN WE IF WE WERE TO PASS THIS, CAN WE GET IT SET UP TO WHERE ALL YOUR STUFF HAS TO BE SOURCED OUT OF OUR CITY? IF YOU GOT TO PAY. >> WHEN YOU SAY SOURCED? YOU MEAN LOCAL SALES TAX? >> YOU'RE NAILS, DRY WALL SCREWS AND LUMBER? >> I THINK MAKING SUPPLY CHAIN DEPENDENT ON THE CITY IS GOING TO BE A CHALLENGE BECAUSE OF SPEED AND TIMING AND LABOR. >> IT'S A CHALLENGE. BUT HERE'S THE THINGS. THE GREAT NEWS, YOU HAVE TWO YEARS TO THREE YEARS BEFORE YOU GET THE POWER TO BUILD IT. >> WE CAN'T COMMIT TO BUYING THE STUFF UNTIL WE HAVE THE POWER. >> IT'S A CHALLENGE FOR US SOMETIMES TO APPROVE THINGS. >> YES. >> IF WE CAN COME BACK AND SAY, THEY'RE GOING TO BUILD A BILLION DOLLAR FACILITY AND GUYS, $0.02 SALES TAX ON A BILLION DOLLARS, WE'RE GOING TO HELP OFF SET THIS BECAUSE, I HAVE BEEN IN THIS CONVERSATION BEFORE IN MY PREVIOUS JOB. IT IS A PAIN IN THE REAR TO YOU KNOW OUT SOURCE YOUR STONE LOCALLY AND ALL THAT. I KNOW IF IT CAN BE DONE, IF YOU SOMEHOW IF YOU COULD FIGURE OUT A WAY TO COMMIT. THAT'S A BIG HELP. >> I DON'T KNOW HOW WE CAN COMMIT TO THAT. YOU NEVER KNOW WHAT THE MATERIALS ARE GOING TO BE. WHAT I CAN COMMIT IS ON THE FIRST PHASE, THE FIRST CAMPUS WE DID A 3-12 AGREEMENT AND WE WILL NOT PURSUE A LOCAL SALES TAX ABATEMENT FOR THIS PROJECT. >> WE DIDN'T DO A SALES TAX. >> SO, PROPERTY TAX >> IT WAS PERSONAL. >> PROPERTY. >> YOU GUYS ARE PAYING LOCAL SALES TAX ON THE FIRST BUILDING. >> WE'RE SUBJECT TO THE STATE EXEMPTION. >> ELECTRICITY AND EVERYTHING. >> YES. >> I THINK THEY APPLIED FOR IT. >> YEAH, WE HAVE THE STATE EXEMPTION FOR THE FIRST CAMPUS. >> CAN WE ASK YOU TO NOT APPLY FOR IT? >> I HAVE A FEELING THE STATE WILL REPEAL THE LAW. THE ISSUE IS WHO THE TENANT IS. IT ATTRACTED THE TENANT. I WOULD PUBLICLY SUPPORT REPEALING SALES TAX EXEMPTIONS AS PART OF THE STATE LAW. I CAN'T REPRESENT WHAT THE STATE LAW WILL SAY. >> WE DON'T CARE ABOUT THE STATE LAW. IF THEY GIVE YOU AN OPPORTUNITY, YOU DON'T APPLY FOR IT. >> I THINK WE CAN COMMIT TO THAT FOR THE LOCAL SALES TAX COMP PONENT. >> YES, SIR. I DON'T CARE IF YOU PAY THE STATE >> THE STATE DOESN'T CARE IF WE GET PAID EITHER. >> THEY DON'T HELP US WITH THE ROADS. WE NEED LOCAL MONEY. >> WE UNDERSTAND THAT. >> I'M GOING TO ASK, I KNOW THERE'S SOME, A LOT OF LEGAL QUESTIONS. IF THERE'S NO OBJECTIONS, WE BRING TO THIS EXECUTIVE SESSION BEFORE WE COME BACK AND DO A VOTE TO MAKE SURE WE KNOW WHAT WE SAY THAT WAY TOMORROW PEOPLE DON'T AREN'T SAYING THINGS THAT IN REALITY WE HAD THE OPPORTUNITY TO ASK AND MAKE LEGAL OPINIONS ON. >> SURE. >> OBJECTION TO TAKE IT -- >> IT'S GOOD. >> BEFORE YOU MAKE A MOTION. CAN I SAY SOMETHING? >> I THINK YEAH, DEFINITELY TALK ABOUT EXECUTIVE SESSION. ONE OF THE THINGS I WOULD LIKE TO ASK WHEN WE GET THERE, IF COUNCILMEMBER ZEPEDA REQUESTED A REPORT AND HAS NOT RECEIVED THE REPORT, WHO IS RESPONSIBLE FOR THE REPORT? AND WHERE ASK AT ISN'T >> YOU'RE TALKING ABOUT THE NOISE ORDINANCE? WE HAVE A CONSULTANT BEING HIRED TO CONDUCT THE REPORT. UNTIL THEY GET DONE, THERE'S NO REPORT. >> THAT'S THE REASON WE PAUSED. YOU ASKED ME IF I WAS WILLING TO WAIT ON MY ORDINANCE OR AMENDMENT REQUEST UNTIL AFTER WE GOT BACK THE RESULTS OF THE REPORT. I I SAID YES, THAT'S A GOOD IDEA. [02:20:03] HERE'S ONE THAT CAN HAPPEN QUICKLY BEFORE WE HAD A CHANCE. WHETHER WE ADOPT ANYTHING OR NOT. WE SHOULD HAVE THE CONVERSATIONS. >> TO YOUR POINT. IF YOU ASKED FOR SOMETHING AND DIDN'T GET IT, WE SHOULD GET IT. >> THIS IS HAPPENING GROSSLY OUT OF ORDER. >> WE HAVE THE OPTION OF, WE GET THE NOISE REPORT NEXT WEEK. WE VOTE APPROVE TONIGHT AND THE NOISE ORDINANCE OR CONSULTANT GIVES US NEW STANDARDS, WE CAN ALWAYS CHANGE IT. WE DON'T HAVE TO MAKE THAT DECISION TONIGHT. IS THAT A TRUE STATEMENT? >> YOU CAN WRITE DO YOUR EXHIBIT A, YOUR CONDITIONS THAT THEY WILL COMPLY WITH THE CITY'S NOISE ORDINANCE OR AS MAYBE AMENDED. >> WE'RE MAKING A LOT OF DETAIL HERE. >> WE HAVE TO DO IT LATER AND NOT TONIGHT. >> YOU HAVE TO ADD AS A CONDITION TONIGHT. >> EFFECTIVELY, ANYTHING THAT YOU COULD DO IN AN SUP, YOU CAN DO IN A PUD. >> CORRECT. >> THEY JUST HAVE TO CONSENT TO IT BECAUSE IT'S A ZONING AND IF THEY WANT THE ZONING, THEY WOULD DECIDE WHETHER THEY WANT TO CONSENT TO IT OR NOT. >> THAT'S LEGAL STUFF. WHAT IS THE CONCERN? HOW DO WE WRITE THAT? WE WRITE IT IN AND SAY, YOU KNOW, GUYS, HERE IT IS BECAUSE WE CAN EITHER MAKE YOU WAIT TWO OR THREE MONTHS TO WAIT FOR OUR STANDARDS. OR, WE'RE GOING TO HAVE, WE'RE NOT ANTIDATA CENTER UP HERE. >> CAN I MAKE ONE CLARIFICATION TO A PREVIOUS STATEMENT. >> DOES IT HELP OR NOT? >> IT HELPS. ON THE LOCAL SALES TAX, THE LOCAL SALES TAX IS AT POINT OF DESTINATION. THAT WOULD BE NAILS AND WOOD AND LUMBER. I CAN'T SOURCE IT ALL FROM HUTTO. WHERE THE SALES TAX IS PAID, YES THAT WOULD BE HERE. >> DESTINATION. YOU THINK THERE'S -- >> WE DON'T HAVE FREE PORTS. >> CITY THE ROUND ROCK. EVERY PERSON BUYS A DELL COMPUTER IN CANADA AND PAYS THE CITY OF ROUND ROCK. WE WANT TO MAKE SURE WHOEVER YOUR CLIENT IS BUYS A BILLION DOLLARS IN SERVERS AND HAVE TO PAY SALES TAX, IF WE HAVE TO OPEN UP A BEST BUY, WE JUST DON'T WANT SOMEONE IN OREGON COLLECTING THE MONEY WHEN WE HAVE THE ENVIRONMENTAL IMPACT. >> THAT'S NOT HOW IT WORKS. >> WE COULD PUT DESTINATION LOCAL SALES TAX. >> YES, SIR. >> SO THERE'S NO OBJECTIONS, WE DON'T HAVE TO VOTE. >> MOVE TO CLOSE PUBLIC HEARING. >> I WILL WAIT UNTIL WE COME BACK IN CASE SOMETHING HAPPENS AND WE NEED TO CONTINUE IT. DOES THAT WORK? >> WE SHOULD CLOSE PUBLIC HEARING OR YOU SHOULD ASK IF THERE'S ANYBODY ELSE THAT WANTS TO SPEAK? >> ANYONE ELSE THAT WANTS TO SPEAK. >> HE SPOKE FOR PUBLIC COMMENT. HE CAN SPEAK AGAIN. >> SO I JUST WANTED TO CLARIFY BEFORE YOU GO TO EXECUTIVE SESSION BECAUSE THERE'S GOOD POINTS. NOW I'M HEARING WE SHOULD APPROVE BEFORE KNOWING HOW IT'S GOING TO WORK AND BACKTRACK AND THEN MAKE CHANGES. THAT'S VERY INRESPONSIBLE. THEY DON'T HAVE A TENANT OR KNOW WHAT THEY'RE GOING TO BUILD THERE. THEY KNOW THEY'RE GETTING POWER. SEVERAL OF YOU SERVE ON THE EDC. IT'S TO YOUR BENEFIT TO SELL. DON'T KNOW SO HASTY BECAUSE YOU WANT TO SELL THE LAND TO THEM. I THINK Y'ALL SHOULD REALLY RECUSE YOURSELF FROM THE VOTE BECAUSE YOU'RE LITERALLY VOTING FOR YOURSELF FOR YOUR OWN BENEFIT. JIM, WHEN YOU RAN, I WERE A DIFFERENT PERSON. HOPEFULLY YOU HAVEN'T CHANGED TOO MUCH. THAT'S JUST SOMETHING YOU NEED TO CONSIDER. THERE'S A LOT OF PEOPLE WHO CAN'T SHOW UP. YOU JUST VOTE ON IT. YOU'RE HERE NOT. NOT LATER. YOU'RE TRYING TO PASS THE PROBLEM TO FUTURE COUNCILMEMBERS TO DEAL WITH IS VERY IRRESPONSIBLE. JUST WAIT FOR WHATEVER WE NEED TO AT LEAST AGAIN, THERE'S NO TENANT. IF WE DON'T GET IT APPROVED NOW, WE'RE NOT ABLE TO DO IT. SORRY BUDDY. YOU BETTER HAVE ALL YOUR DETAILS IN LINE BEFORE YOU DO IT. >> JUST TO CLARIFY, WE ALL LIVE IN HUTTO AND HAVE TO HAVE CITIZENSHIP. >> DID I SAY OTHERWISE? >> YOU SAY WE ALL LIVE IN HUTTO? >> IS THERE A REASON YOU'RE SAYING THAT. >> I'M JUST CLARIFYING. >> ARE YOU DONE? >> YOU DON'T WANT TO ANSWER? WE HAVE 9.4 TO COME UP. >> IT'S WEIRD YOU INTERJECT [02:25:02] YOURSELF AND NEVER WANT TO HAVE A CONVERSATION. YOU JUST WANT TO NOT RESPOND. I'M JUST TALKING. >> IF YOU HAVE SOMETHING TO SPEAK ON THE ITEM. >> I'M JUST ASKING, YOU SPOKE ON THE ITEM. I'M JUST ASKING YOU A QUESTION. WHY CAN'T YOU ANSWER? >> WE WILL CLOSE THE HEARING AT 9:27 P.M. >> CONFRONTATIONAL. CITY SECRETARY, IF YOU CAN KEEP TRACK OF THREE MINUTES. >> YES. SOMETHING TELLS ME OVER THE NEXT EIGHT OF THEM, WE'RE GOING TO GO OVER. >> ALL RIGHT. NEXT UP. WE HAVE ITEM 9.4. >> WOULD YOU JUST ANNOUNCE FOR THE RECORD WE'RE GOING TO TAKE 9 9.3 IN EXECUTIVE SESSION. [9.4. Conduct a public hearing and consider possible action on Ordinance No. O-2026-051, an application by Amanda Brown, representative, on behalf of WCD Ed Schmidt LLC, owners, to amend the existing conditions of a PUD zoning for a 4.973-acre parcel of land (West Live Oak Retail). (Howard Koontz)] >> WE'LL TAKE 9.3 IN EXECUTIVE SESSION. CONDUCT A PUBLIC HEARING ON ORDINANCE 0-26-051. APPLICATION BY AMANDA BROWN REPRESENTATIVE ON BEHALF THE WDC TO AMEND EXISTING CONTINUES OF A PUD ZONING FOR 4.973 ACRE PARCEL OF LAND. AND TO SPEAK ON THIS, WE HAVE JOSEPH CORTEZ. >> IF YOU WANT TO OPEN THE PUBLIC HEARING. WE WILL OPEN THE PUBLIC HEARING AT 9:28 P.M. >> ALL RIGHT JOSEPH. >> SO JUST A REMINDER, I THINK Y'ALL ARE ALL RESIDENTS AND ALL OF YOU DO WORK FOR US. SO, I JUST, I THINK IT WOULD BE RESPECTFUL FOR YOU GUYS TO ANSWER THESE SIMPLE QUESTIONS AND THE REASON THINGS KIND OF, I'M JUST ASKING QUESTIONS AND BEING UNABLE TO ANSWER IS WEIRD IN MY OPINION. THESE ARE THE QUESTIONS FOR 9.4. WHAT EXACTLY IS CHANGING FROM WHAT WAS ALREADY APPROVED? AND THE SECOND QUESTION IS, ARE ANY CITY OR CITY CENTERS GOING TO BE ATTACHED TO THAT. THAT'S IT. >> THANK YOU, SIR, ANYONE ELSE LIKE TO COME UP REGARDING THIS AMENDMENT? HEARING NONE. WE WILL CLOSE AT 9:29 P.M. HOWARD. >> I THINK YOU HAVE ANSWERS PROBABLY TO QUESTIONS WITH THE PRESENTATION. >> I DO, THANK YOU MR. MAYOR. >> HOWARD KOONTZ AGAIN. THIS IS ANOTHER ZONING ENTITLEMENT. >> I'M LOOKING AT THIS. I'M SORRY. I GUESS -- >> THERE YOU GO. >> THIS IS THE CHANGE OF CONDITIONS FOR A PREVIOUSLY APPROVED PUD. PREVIOUSLY THIS WAS ALTERNATELY REFERRED TO AS WOLF CAMP PUD. YOU CAN SEE THE LOCATION. THE ROAD THAT BISECTS NORTH SOUTH IS EDSCHMIDT AND SEE THE CURVED ROAD IS CURRENTLY WEST LIVE OAK WHICH TERMINATES AT THE END OF THE STATION APARTMENTS THERE. THERE IS A PLAN IN PLACE FOR THAT ROAD TO BE CONTINUED OVER TO EDGE SCHMIDT. CREATE A FOUR-WAY INTERSECTION WITH THE ENTRY TO EMORY FARMS. THE DEVELOPMENT SITE THAT WE'RE TALKING ABOUT TONIGHT IS ABOUT FIVE ACRES, ALMOST EXACTLY FIVE ACRES NORTH OF HUTTO DISCOVERY UNITED METHODIST CHURCH. PREVIOUSLY THERE WAS A PLAN, LET'S SEE ON YOUR SCREEN HERE FOR A MIX OF RESIDENTIAL USES AND COMMERCIAL REDUCES THAT WOULD FRONT THE ARTERIALS. THIS REQUEST IS TO CHANGE ONLY THAT PORTION OF THIS THAT IS SOUTH OF THE WEST LIVE OAK EXTENSION. SO WE'RE NOT TALKING ABOUT THE BULK OF THIS PROPERTY. ONLY THE FIVE ACRES THAT ARE SOUTH OF THE LIVE OAK EXTENSION AND EAST OF ED SCHMIDT. THE BIG CHANGE IS REMOVAL OF ALL RESIDENTIAL USES. THEY WILL PUT A BASE ZONING OF ALL FIVE ACRES IN B2 TO READY SITE FOR THE USUAL AND CUSTOMARY USES IN B 2. SPECIFICALLY THEY'RE LOOKING FOR EITHER A SINGLE TENANT SPECIALTY RETAILER OR IF THAT'S NOT AVAILABLE, THEY COULD PUT MULTIPLE STALLS OF THOSE OTHER TYPICAL USES YOU FIND IN B 2 SERVICE AND RETAIL USES. SPECIALTY RETAILERS COULD INCLUDE ANYTHING LIKE SPORTING GOOD STORES. OR GROCERY STORES. OR ANYTHING THAT YOU WOULD GET UNDER ONE ROOF THAT WOULD FIT ON FIVE ACRES AND THE ASSOCIATED PARKING THAT GOES ALONG WITH IT. IF THAT'S NOT AVAILABLE TO THEM, [02:30:03] THE EXPECTATION IS STILL TO USE FOR COMMERCIAL PURPOSES BUT WOULDN'T BE UNDER ONE ROOF AND PROBABLY BUILT AT LOWER DENSITY. SO THERE AGAIN IS THE PHOTO THEY'RE LOOKING AT. SO AGAIN, SINGLE TENANT RETAIL. GROCERY SPECIALTY RETAILS UNDER THE PUD. WASN'T ALLOWABLE PREVIOUSLY. THIS PARCEL, THIS SECTION OF THE OVERALL PARCEL WAS RESERVED FOR RESIDENTIAL USES BUT NOT IT'S GOING TO CHANGE AND BE ALLOWABLE FOR B 2. THIS WENT TO P&Z AND VOTED FOR APPROVAL. 6-0, THEY HAD A CONDITION THAT'S SPELLED OUT IN THE STAFF REPORT. ABOUT THE TREES. THIS IS ONE OF THE LAST SITES WITHIN OUR CORPORATE LIMIT THAT IS REALLY HAS A LOT OF TREE COVER AND A LOT OF PEOPLE ARE VERY SENSITIVE ABOUT IT. THE EXPECTATION OF THE SINGLE TENANT IS THE REMOVAL OF ALL THE TREES. IT'S THE NATURE OF PARKING REQUIRED FOR THE SIZE OF BUILDING TO JUSTIFY THE SIZE OF THE SITE. IF THOSE SINGLE TENANT RETAILERS ARE NOT ABLE TO BE SECURE AND THE MULTIPLE RETAILERS ARE PLACED ON THE SITE. THROUGH CREATIVE SITE DESIGN. THEY WILL WORK TOWARDS KEEPING AS MANY TREES AS POSSIBLE. SO, THE CONDITION THAT WAS AGREED UP AT THE P&Z MEETING WAS FOR EVERY INCH OF TREE CALIPER SAVED. THAT COUNTS AS A CREDIT TO NEW TREES INSTALLED. THE IDEA IS TO KEEP AS MANY TREES AS POSSIBLE. THE INCENTIVE, YOU DON'T HAVE TO REPLACE THEM IF THEY'RE ON THE SITE. STAFF RECOMMENDS APPROVAL BECAUSE IT'S CONGRUENT WITH EVERYTHING WE HAVE. AMANDA BROWN, THE APPLICANT WAS NOT ABLE TO BE WITH US THIS EVENING. SHE HAS SENT A SURROGATE. AS FAR AS THE LAND USE ENTITLEMENT, I HAVE EXPRESSED. WITH THE TREES WE HAVE UNDER 3.3 POINT THROUGH. DOES NOT APPLY IF A GROCERY STORE IS USED AND IT ALSO GIVES THE CITY THE OPPORTUNITY TO RELOCATE THE TREES SHOULD WE HOPE TO SAVE THEM. WHAT WAS THE THING JAMES, WHEN IT CAME -- I WAS TRYING TO FIND THAT. >> SO THE ORIGINAL PUD INCLUDED THE RESPONSIBILITY TO FULLY FUND AND BUILD THE LIVE OAK EXTENSION. AND BY REZONING THE SOUTHERN PART THE NEW PUD ZONING DOES NOT ADDRESS OR SPEAK TO THAT PREVIOUS PROPERTY COMMITMENT AND OBLIGATION. >> THAT MEANS IT STILL STAYS. >> THAT MEANS PROPERTY NO LONGER HAS THE OBLIGATION TO PROVIDE OR TO PAY FOR OR TO BUILD MORE THAN A PROVIDED SHARE CALCULATION FOR THE ROAD WAS BEFORE. THE ENTIRE ROAD WAS TO BE BUILT BY THE PROPERTY OWNER. BUT SINCE THEY'RE SPLITTING IT, NORTH AND SOUTH, THIS NEW SOUTHERN PUD LEAVE THAT IS BURDEN TO THE NORTH AND THEN TAKES NONE OF THE BURDEN TO THE SOUTH. >> SO WE NEED -- >> BECAUSE I DON'T THINK THAT WAS THE INTENT IN TALKING TO THEM. WE NEED TO ADJUST SOMEHOW TO WHERE THEY'RE STILL RESPONSIBLE FOR THEIR PORTION OF THE ROAD, WHETHER BASED ON OVERALL PUD, 10% OF THE WHOLE PUD, THEY ARE RESPONSIBLE FOR 10%. >> HOWEVER YOU WANT TO DO IT, IT NORMALLY WOULD FALL UNDER, DOTTIE, I WOULD THINK SHE WOULD SAY. NORMALLY FALL UNDER THE PROPORTIONAL SHARE. THE DIFFERENCE HERE IS THAT THE PROPERTY OWNER WHEREVER THEY CREATED THE PUD USED THE WE WILL BUILD THE ENTIRETY OF THE ROAD AT NO EXPENSE TO THE CITY AS A INCENTIVE TO GET THE PUD ZONING PUT IN PLACE IN THE FIRST PLACE. SO, NOW THIS PROPERTY IS CARVING OUT FROM THAT ORIGINAL PUD AND PUTTING A NEW PUD ON TOP OF IT, THAT OBLIGATION IS NOW GOING AWAY AND YOU WOULD HAVE TO DEFAULT TO STATE LAW. IF YOU DON'T PUT THE MINIMUM OBLIGATION IS 10% OR WHATEVER THE PROPERTY FOOT IS, OR PROPORTIONAL SHARE, WHICHEVER ONE IS GREATER AND THERE WILL BE [02:35:04] NO REBATE OF TRAFFIC IMPACT FEES THAT SORT OF STUFF. THEN ALL OF THAT WOULD EFFECTIVELY APPLY AND GET CREDIT FOR TRAFFIC IMPACT FEES AND ONLY HAVE TO CONTRIBUTE THEIR PROVIDED SHARE. >> MAYBE YOU CAN TALK ON THIS IN TERMS OF WHAT WE UNDERSTAND HOW WE NEED TO ADDRESS THIS. >> YEAH. IF YOU WANT TO COME UP. >> JAMES, THAT'S WHAT WAS CHANGED FROM THE ORIGINAL? >> THAT'S NOT ALL THAT WAS CHANGED. IT'S A BIG COMPONENT I KNEW WE HAVE BEEN WATCHING FOR THE OVERALL PROPERTY. WHEREVER I DIDN'T FIND IN THIS PUD, THAT'S WHEN I RAISED THE ISSUE. WE NEED TO BE AWARE IF COUNCIL WANTS TO DO THAT, IT'S COMPLETELY FINE. I DIDN'T WANT IT TO BE A BLIND SPOT WE DIDN'T CONSIDER GOING INTO IT. >> IF YOU WILL SAY YOUR NAME. >> NATHAN NICKERSON WITH COMMON GROUND. >> SO WHEN WE TALKED BEFORE, HOW DO YOU FEEL THE BEST WAY TO ADDRESS THIS? WE NEED TO PUT SOME KIND OF PROPORTIONALITY. WE CAN ADDRESS THINGS LATER HOW THAT LOOKS. BUT, MY UNDERSTANDING IS, SOUTHERN PROPERTY STILL IS GOING TO BE RESPONSIBLE FOR THEIR PORTION OF THAT ROAD SIMPLE THAT SAFE TO SAY? >> UNLESS WAIVED BY COME OTHER AGREEMENT. I WOULD AGREE. >> BECAUSE WE TALKED ABOUT EDC LOOKING AT, THE INTENT IS TO GET THIS GROCERY STORE. ARE YOU OKAY IF THIS IS PASSED AND WE SAID, OKAY, LOOK, IN TERMS OF CITY COUNCIL AGREEMENT, SINCE THAT'S AN ECONOMIC INCENTIVE THING, WE'RE PUTTING IN YOU AGREE TO PAY THE PROPORTIONALITY OF THE ROAD FROM THE OVERALL PUD? THAT WAY, I DON'T WANT TO MESS WITH THE UNDERLYING OBLIGATION BECAUSE THAT MAY EFFECT THE PEOPLE IN THE NORTH SIDE NOW THE PROPERTY HAS BEEN SPLIT UP. I WANT TO MAKE SURE THAT OBLIGATION STAYS AND WE CAN ADDRESS THE GROCERY STORE AND USE AND BASED ON THAT, EVERYTHING IS, COULD CHANGE. IS THAT THE EASIEST WAY? I DON'T WANT TO DRAG THIS OUT. >> MY QUESTION IS, IS THAT OFF SET BY TRAFFIC IMPACT FEES PAID? >> DON'T KNOW IF IT WOULD ON THAT ONE. THE OBLIGATION, OR THE INCENTIVE FOR THE PUD IN THE VERY BEGINNING WAS TO BUILD THE ROAD. AND THERE WASN'T AN OFF SET ON IMPACT FEEOS THAT. THAT'S ANOTHER ISSUE THAT HAS TO BE DEALT WITH HOWEVER TRAFFIC SIGNALS AND ALL THAT BEING DONE WITH REBATES. I THINK ON JUST THIS AGREEMENT, JUST TO PORTION THEM OUT AND KEEP THEM ALL SEPARATE. ON THIS ONE, WE HAVE TO MAKE SURE IT'S ALIGNED WITH KIND OF IS THAT SAFE TO SAY WHAT I'M SAYING? >> I MEAN, THE WAY THAT I HAD TRIED TO RATIONALIZE IT WAS BASICALLY BY ACREAGE. IF THE OVERALL SITE AND I DON'T KNOW WHAT THE OVERALL PROPERTY, THE TOTAL PROPERTY IS, BUT WHATEVER THIS PROPERTY IS IS A PERCENTAGE OF THE OVERALL PUD THAT IS BEING BASICALLY CARVED OUT. THAT'S THE PERCENTAGE THAT THEY WOULD SAY, WE'RE RESPONSIBLE FOR. THAT PERCENTAGE OF THE ROAD OR OUR PROPORTIONAL SHARE, WHICHEVER IS HIGHER. AND WE RECOGNIZE THAT THIS IS NOT SUBJECT TO TRAFFIC IMPACT FEE OR REIMBURSEMENT. >> IF IT WAS ANY OTHER DEVELOPMENT -- >> THEY WOULD HAVE ALL RIGHTS. >> WE WILL BUILD IT AND NOT ASK FOR CREDIT. >> OKAY. AND FULL PUBLIC DISCLOSURE. WHEN WE TALKED, WE TALKED BEFORE ON THE EDC SIDE IN TERMS OF AS AN INCENTIVE. WHICH SIGNALIZE HOW MANY FARMS IN ED SCHMIDT. THEY DON'T PAY A LOT OF SALES TAXES AT THE GROCERY STORE. WE LOOK AT OFF SETTING YOUR PORTION OF THE ROAD. WITH THAT PARTICULAR USE. ANY OTHER USE YOU HAVE TO PAY FOR THE ROAD. THAT PARTICULAR USE, I DON'T THINK WE'RE NOT THAT WE HAVEN'T VOTED ON THAT AND MADE THAT DETERMINATION. WE'RE JUST TRYING TO KEEP THE UNDER LYING THE SAME AND GO BACK TO THE EDC AND GET THINGS VOTED AND PAPER UP EDPA TYPE THING. THAT'S MY ONLY CONCERN WITH THE DEAL. TO MAKE SURE WE RESERVE OUR [02:40:03] RIGHTS ON THIS. IF WE CHANGE IT, THE WAY THIS IS WRITTEN. AS I READ IT. WITH THE GROCERY STORE. YOU CAN REMOVE TREES AND RELOCATE THEM. IF YOU DON'T BUILD A GROCERY STORE. TREES STAY. BUT IF YOU DON'T BUILD A GROCERY STORE, WE LOSE OUT ON THE ROAD. I ONLY WANTED TO GIVE UP THE ROAD AREA THAT THAT ROAD OBLIGATION, THAT EXPECT USE COMES. ANY OTHER USE COMES AND YOU KNOW ME BY NOW. I TRY TO BE A STRAIGHT SHOOTER AND NOT BS. ANY OTHER USE YOU'RE GOING TO HAVE TO BUILD. IF YOU PUT A PAINT STORE, YOU'RE BUILDING A ROAD OR PAYING FOR IT IS MY THINKING. QUESTIONS? >> THAT WAS MY QUESTION. WHAT WALKING THROUGH WHAT CHANGES WERE BEING AMENDED AND WHAT WERE THE USES CHANGES WHICH ACTUALLY HOWARD DID ANSWER IN HIS PRESENTATION. SO THANK YOU. >> WHAT THE REASON FOR HAVING TO REMOVE THE TREES IF THERE'S A GROCERY STORE? >> IF THERE IS OR ISN'T >> I CAN'T BUILD ON IT WITH THE TREES THERE. A GROCERY STORE THAT SIZE. BUT IF THEY, BECAUSE THAT WAS -- >> YOU COULD BUT IT WOULD LOOK LIKE HOBBETVILLE. >> HAVE YOU BEEN TO HEB. ? THEY HAVE TREES. >> IF YOU, AND THIS GOES BACK TO NOT TO DRUM UP OUR OLD DEALINGS. THIS IS A PRETTY CONTENTIOUS SITE AND PRESSED UP US WE WILL SAVE THE TREES. SOME OF US ARE LIKE HEY, I DON'T KNOW HOW YOU DEVELOP THAT AND SAVE THE TREES. SOME OF US CARED AND DIDN'T CARE. THE CITY MANAGER SAYS THEY WOULD KEEP THE TREES. YOU CAN'T JUST TEAR A TREE DOWN FOR NOTHING. JUST SO HAPPENS THIS PARTICULAR GROCERY STORE HAS THE ENTIRE CITY. IT'S THE ONLY SPOT THEY WILL PICK. IT'S ONE THAT EVERYBODY HAS WANTED. I'M LIKE, WELL, HOW DO YOU GET EXACTLY WHAT THEY WANT AND WHAT THE PEOPLE WANT? I'M LIKE MAKE WE CAN FIND A WAY TO RELOCATE THEM AND PUT THEM AT FRITZ PARK. THAT WAY WE KEPT THE TREES. THEY'RE JUST IN A DIFFERENT PART OF THE CITY. A 100 YEAR OLD TREE. >> THIS GETS INTO THE UDC I'M SURE. IS THERE A REQUIREMENT, TREES 12 INCHES IN DIAMETER CAN REPLACE WITH A 3-INCH CALIPER. >> A LOT OF CITIES YOU CAN DO FEE IN LIEU OF. YOU WRITE A CHECK OR CUT DOWN A 24 INCH AND HAVE TO PLANT 36 INCHES OF TREES. THEY PLANT 18, 2-INCH TREES AND PEOPLE MISS THE BIG ONE. WHEN IT FIRST GOT DONE IN THE PUD, IT WAS WE'RE KEEPING ALL OF THEM. THE BUILDINGS BLEW DOWN. THEY WERE GOING TO SAVE THE BUILDINGS AND THEY BLEW DOWN. THEN WE WERE LIKE, WE REALLY WANT THIS USE. ALL RIGHT. LET US HAVE THE OPPORTUNITY TO MOVE THEM. >> KIND OF LIKE THE IDEA, NOT ONLY GET CREDIT BUT WE GET TO SAVE TREES THAT ARE MOVED AND LIKELY TARGET HAS BEEN FRITZ PARK. ANYTHING THERE WOULD BE GREAT. AND TALKING ABOUT HERE ONE TO ONE. I MIGHT EVEN CONSIDER OTHER THAN THAT LET'S JUST SAY. AS FAR AS CALIPER INCHES AT PLANNING AND ZONING. I LIKE WHAT THEY DID IN SUGGESTING THAT. >> I WILL MAKE A MOTION WE APPROVE 0-2026-051. AS PRESENTED WITH THE CHANGE OF ADDING AND TELL ME IF I WORD THIS FUNNY. WE'RE ADDING IN THE PAY THE PROPORTIONATE SHARE OF THE ROAD OBLIGATION STAYS WITH THE PUD AND PAY THE CUSTOMARY IMPACT FEES ARE. >> AND WILL NOT SEEK REIMBURSE THE FOR THEIR TRAFFIC IMPACT FEES. >> AND SO, YOU WOULD BE ADDING 3.6. IF YOU LOOK AT PAGE 272, THAT WOULD BE THE NEXT CONDITION. AND THE ROAD OBLIGATION IS FOR WEST LIVE OAK. >> YES. SO, MAKE IT CLEAR TO ADD PROVISION FOR WEST LIVE OAK. THEY WOULD PAY THEIR PROPORTIONATE SHARE OF THE, LIVE OAK EXTENSION. >> THAT'S WHAT I'M LOOKING FOR. >> SECOND. >> ANY DISCUSSION ON THE MOTION? [02:45:05] ALL RIGHT. HEARING NONE. CALL THE VOTE. ZEPEDA >> >> THORNT >> AYE. KING. >> AYE. >> >> REYNOLDS. >> AYE. [Items 9.8. & 9.9.] MIRE SN MAYOR SNYDER, >> MORRIS. AYE. >> NEXT. WE'RE OKAY. NEXT WE HAVE ITEM 9.8. CONSIDERATION AND POSSIBLE ACTION ON RESOLUTION NUMBER R-2026-189. CONSIDERATION AND POSSIBLE ACTION FOR THE DEVELOPMENT OF A MULTIBUILDING PROJECT CONSISTING OF PRIMARILY INDUSTRIAL USES AND ALL RELATED IMPROVEMENTS KNOWN AT HUTTO TECH AND TRADE CENTER WEST. >> MAYOR, COUNCIL. SARA CERVANTES. ITEM 9.8 IS A COMPANION ITEM AND GOES TO 9.10 AND 9.11. AS A GENERAL REMINDER THERE'S ONE AMENDED ANNEXATION AGREEMENT. 9.9 IS A SEPARATE DEVELOPMENT AGREEMENT THAT INCLUDES ANNEXATION. YOU HAVE YOUR MSA AND DIFFERENT COMPONENTS OF THAT. THERE'S ALSO AN AMENDMENT TO ONE OF OUR MASTER PLANS THAT WILL BE PRESENTED AS A PART OF THESE ITEMS. THE DEVELOP OR IS GOING TO GO OVER THIS. YOU HAVE HEARD THIS A COUPLE TIMES. I WILL LET THE DEVELOPER COME UP NOW AND THEN WE CAN ANSWER ADDITIONAL QUESTIONS. >> SHOULD YOU CALL THE COMPANION ITEMS AT ONE AND HAVE ONE BIG DISCUSSION? >> THAT IS PROBABLY A QUESTION -- >> I WOULD GO AHEAD AND APPROVE 9.8 AND LAYOUT THE DEVELOPMENT AGREEMENT AND THE CHANGES MADE SO COUNCIL UNDERSTANDS AND YOU HAVE A COPY OF IT. >> IT MIGHT BE BENEFICIAL, MAYOR TO CALL 9.9 AS WELL. BECAUSE THEY ARE SEPARATE AND DISTINCT. BEFORE WE GET STARTED. WE HAVE JOSEPH CORTEZ TO SPEAK ON THIS ITEM. >> I'M SURE THEY'RE GOING -- >> A LOT OF THE QUESTIONS AREN'T GETTING ANSWERED. I'M NOT EVEN SURE WHAT THE POINT IS COMING UP IS. SO, JUST A FEW QUESTIONS, THEY MIGHT BE COVERED WE WILL SEE. WHAT EXACTLY WILL WE BE PROMISING HUTTO PROMISING THE DEVELOPER. WHAT DOES THE DEVELOPER HAVE TO PROVIDE AS FAR AS WHAT IS WRITING. I KNOW YOU LIKE TO HAVE THINGS IN WRITING. WHO WILL PAY FOR THE ROADS AND UTILITIES AND INFRASTRUCTURE? AND LASTLY, IF ANYBODY COUNCILMEMBERS INVOLVED IN NEGOTIATING THESE AGREEMENTS BEFORE TONIGHT, SO THERE SEEMS TO BE PREVIOUS DISCUSSION. >> MR. MAYOR, I AM DAVE ANDERSON. THIS PRESENTATION IS DEVELOPMENT AGREEMENTS ASSOCIATED WITH 9.8 AND 9.9. ASSOCIATED WITH WEST 50 ACRES. THIS PARCEL AS EXISTING DEVELOPMENT AGREEMENT ASSOCIATED WITH IT. COUNCIL APPROVED IN 2017. ITEM 9.9 IS ANNEXATION ASSOCIATED WITH EASTERN 18 PLUS ACRES. THIS PARCEL IS IN THE ETJ AND NO EXISTING DEVELOPMENT AGREEMENT ASSOCIATED WITH IT. PLEASE VOTE 9.5, SIX AND 11 ARE RELATED TO THIS ITEM. HERE ARE THE TWO SUBJECT PROPERTIES. NORTHWESTERN AREA OF THE CITY. 50 ACRE PARCEL WITHIN CITY LIMITS. 18-ACRE PARCEL WITHIN THE ETJ. THEY ABUT EACH OTHER AND EAST OF 130. YOU WILL SEE IN THE WESTERN TRACT ABUTS TO THE WEST AND THE EASTERN TRACT ABUTS COUNTY ROAD [02:50:03] 119 ED SCHMIDT TO THE EAST. >> ORIGINALLY, YOU SEE DASHED LINE AND AS THE PROJECT PROGRESSED AND AFTER WE HAD DONE SUBSTANTIAL DESIGN WORK ASSOCIATED WITH THAT NORTHERN TRAJECTORY OF THE THAT COLLECTOR ROAD, THE CITY CAME TO US AND SAID, HEY, WE'RE ABOUT MOVING IT SOUTH? AND UPON FURTHER DISCUSSIONS, THE PROJECT DECIDED EVEN THOUGH WE HAD SPENT A LOT OF TIME AND MONEY ON THE DESIGN WE DECIDED THAT IT WAS IMPORTANT FOR THE OVERALL VIABILITY OF THE PROJECT FOR GOOD TRANSPORTATION. TO SIT DOWN AND FIGURE OUT HOW THE PROJECT WOULD WORK WITH THE COLLECTOR ROAD MOVED TO THE SOUTH COMPLETELY WITHIN OUR PROJECT. IT HELPED THE CITY AVOID AS IT SHOWN ON THE PLAN HERE, IT HELPED THE CITY AVOID TO DEAL WITH 13, YOU HAVE TO GO THROUGH CONDEMNATION AND THE TIME AND MONEY IT TAKES. THIS WAS AN OPPORTUNITY TO WORK WITH THE CITY AND MAKE THAT A LOT EASIER. SO, OPUS BEGAN ANALYSIS BASED ON ALIGNMENT AND CHIEF SUBSTANTIAL DESIGN AS I MENTIONED WHEN DISCUSSIONS WITH THE CITY YIELDED THE IDEA OF RELOCATION. WHAT DID THIS MEAN? WE SPENT ABOUT, I MENTION THESE THINGS BECAUSE IT'S IMPORTANT TO THINK ABOUT AS WE TALK ABOUT THE CHANGES THAT YOU WILL SEE IN THE DEVELOPMENT AGREEMENT THAT WE HAVE BEEN WORKING ON FOR THE PAST FEW DAYS. WE SPENT SIX MONTHS DEVELOPING AGREEMENTS. WE HAD MATERIAL MONEY TOWARD DESIGN AND OTHER RELATED FEES. THE REDESIGN COST THE PROJECT REAL MONEY AND REAL TIME. WE DID NOT TREAT THIS AS AN OBSTACLE. WE REDESIGNED AFTER THE CITY'S ALIGNMENT BECAUSE WE UNDERSTOOD THE LONG-TERM BENEFIT TO THE CITY AND THE COMMUNITY. SO LET'S TALK ABOUT BENEFITS OF THE PROJECT. THIS IS PROPOSED LIGHT INDUSTRIAL USE. NOT A DATA CENTER. LIGHT INDUSTRIAL USE. APPROXIMATELY 800,000 SQUARE FEET THAT WILL PROVIDE EMPLOYMENT OPPORTUNITIES, ESTABLISH SIGNIFICANT TAXABLE VALUE. WE ARE ON THE HOOK FOR DESIGNING AND CONSTRUCTING THE ROAD, AND DEDICATING THE RIGHT-OF-WAY, 70 FOOT RIGHT-OF-WAY TO THE CITY OF HUTTO IN IT'S ENTIRETY. THAT INCLUDES DETENTION, DESIGNING AND CONSTRUCTION THAT GO ALONG WITH THE ROAD. THE COLLECTOR ROAD WILL BE DESIGNED FOR TWO LANES OF TRAFFIC. LIKE I SAID IN 70 FEET OF RIGHT-OF-WAY. IT ALSO INCLUDES SIDEWALKS. BOTH TO THE NORTH AND SOUTH OF THAT TRANSPORTATION INFRASTRUCTURE. WE ARE COMMITTING TO 2 NEW TURN LANES ON ED SCHMIDT LEFT TURN LANES INTO THE PROJECT. WANT ONE ON TO THE NEW COLLECTOR ROAD AND ONE INTO THE PROJECT. AND THEN FINALLY, WE'RE COMMITTING TO ADDITIONAL RIGHT-OF-WAY DEDICATION ALONG COUNTY ROAD 108. NORTH SOUTH, TO THE WEST OF OUR PROJECT. THAT'S NOT ALL OF THE BENEFITS THAT THE CITY OF HUTTO WILL REALIZE WITH THE PROJECT. [02:55:02] WE ARE PROPOSING TO DESIGN AND CONSTRUCT 14, 1500 LINEAR FEET OF WASTEWATER, OVER SIZED WASTEWATER LINE AND TO MAKE IMPROVEMENTS TO EXCUSE ME, LOST MY PLACE. TO THE EMORY LIFT STATION. THE WASTEWATER IS LARGER TO SUPPORT THE CITY SYSTEM AND FACILITATE THE SURROUNDING AREA. IT WOULD HAVE CAPACITY FOR FUTURE DEVELOPMENT. WITH THESE DEVELOPMENT AGREEMENTS, WE'RE NOT REQUESTING A PID. WE'RE NOT REQUESTING ANY SPECIAL FINANCING. WE WOULD DEDICATE 100% OF THE RIGHT-OF-WAY FOR THE COLLECTOR ROAD. AS OPPOSED TO THE WAY IT WAS IN THE 2024 THOROUGH PLAN WHERE IT WAS HALF ON PRIVATE PROPERTY THAT Y'ALL WOULD HAVE HAD TO DEAL WITH. WE'RE GOING TO TAKE IT ALL. DESIGN IT. CONSTRUCT IT. THE CITY WILL NOT HAVE TO RE IMBURSE FOR THE FAIR SHARE AND WASTEWATER IMPROVEMENT. ALSO WANTED TO DO A QUICK NOD TO WHAT IS HAPPENING TO THE NORTH OF OUR SITE. WE CAN COMMIT TO A 30-FOOT BUFFER ALONG THAT PROPERTY LINE. WE HAVEN'T EACH FILED A PRELIM YET. WE DON'T HAVE ANY MORE SPECIFICITY AT THIS TIME. BUT THAT'S SOMETHING WE CAN COMMIT TO. AS WELL AS A 10-FOOT BUFFER IN THE AREA SHOWN ON THE SLIDE THERE. ANTICIPATED TIMELINE LOOKING FORWARD. WE ARE READY TO GO. THE OTHER ITEMS THAT YOU WILL HEAR TONIGHT AFTER ITEMS 9.8 AND 9.9 ARE ACHANGE IN THE FUTURE LAND USE MAP. FROM NEIGHBORHOOD TO INDUSTRIAL. OR TO EMPLOYMENT CENTER, EXCUSE ME, WHICH MATCHES WHAT IS HAPPENING IN THE 50 ACRES TO WEST ALREADY. AND ANNEXATION AGREEMENT AND MUNICIPAL SERVICES AGREEMENT THAT GOES WITH THAT ANNEXATION AND THEN WHEN THE PROPERTY WOULD BE BROUGHT INTO THE CITY, IT WOULD BE BROUGHT IN SINGLE FAMILY AND SO THERE'S AN ITEM TO REZONE ACCORDINGLY TO LI TO MATCH THE PARCEL TO THE WEST. TO ACCOMMODATE THE PROJECT. SO THAT'S HOW EVERYTHING IS TIED TOGETHER. WE'RE LOOK TO GO SUBMIT A PLAT IMMINENTLY AS WE HAVE BEEN WORKING HARD WITH CITY MANAGER AND LEGAL STAFF TO DO. YOU CAN SEE THE REST OF TIMELINE THERE. I WILL END WITH JUST THE SCOPE OF THE AGREEMENT. DEVELOPER WILL DEDICATE 100% OF THE RIGHT-OF-WAY. AGAIN OF THE COLLECTOR ROAD. 70 FEET WIDE. CONSTRUCT 100% OF THE DETECTION FACILITIES ASSOCIATED WITH THOSE. CONSTRUCT 2 TURN LANEOS 119. OFF SITE WASTEWATER IMPROVEMENTS LIKE I TALKED ABOUT. ONCE CONSTRUCTED, THE CITY WILL SEVEN 170 LUE TO THE WEST AND ON EAST PARCEL. 221 LUES IN TOTAL. DEVELOPER AND CITY WILL ENTER INTO A PUMP AND HAUL AGREEMENT IF WASTEWATER IS NEEDED PRIOR TO COMPLETION OF THE IMPROVEMENTS. THAT GETS US UP AND GOING AND CLOSER TO PROVIDING A TAX BASE INCREASE IF THE CITY OF HUTTO. ALL FEES ARE CREDITED TO THE DEVELOPER AS PART OF THIS DEVELOPMENT GROEMENT. AND THE CITY HAS NO FURTHER OBLIGATION TO THE DEVELOPER TO COST SHARE FOR THE COLLECTOR ROAD IMPROVEMENTS OR OFF SITE WASTEWATER IMPROVEMENTS. INCLUDING OVER SIZING. OUR REQUEST AS YOU ADOPT 9.8, WHICH IS THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT WITH THE TERM STATED HERE. AND ADOPT ITEM 9.9. WHICH IS THE ANNEXATION AND DEVELOPMENT AGREEMENT, WITH THE TERMS THAT WE JUST DISCUSSED. AND I THINK, I JUST LIKE TO SAY WE APPRECIATE THE WORK OF STAFF AND COUNCIL. AND CITY LEGAL OVER THE PAST YEAR AND RESPECTFULLY REQUEST APPROVAL FOR YOU TO CONSIDER APPROVAL OF THE ITEMS. >> THANK YOU, SIR. QUESTIONS FROM COUNCIL? [03:00:14] >> WHAT IS THE SCHEDULE AND WHAT DO WE EXPECT THE PUMP AND HAUL. WHAT TIME FRAME AND DURATION? >> I WOULD HAVE TO RESEARCH FOR OUR OWN COMPLETION. THEY ARE THE ONES THAT COMPLETE THAT INFRASTRUCTURE. THEY ARE CONTROLLING THAT TIMELINE AND OUR PUMP AND HAUL HAVE BEEN A STANDARDIZED AGREEMENT THAT COUNCIL APPROVED. FROM A DEVELOPER'S PERSPECTIVE. TYPICALLY PUMP AND HAUL IS HIGH IN COST. THE INCENTIVE FOR THEM TO COMPLETE THE INFRASTRUCTURE IS THERE. THERE WON'T BE A SITUATION WHERE THAT INCENTIVE IS NOT THERE. THEY WOULD ESSENTIALLY BE DOUBLE PAYING. PAYING FOR CONSTRUCTION OF THINGS AND THE PROVISION OF THE PUMP AND HAUL. >> GO AHEAD. >> I WILL SAY THAT WE WOULD ANTICIPATE DESIGN OF WASTEWATER IMPROVEMENTS AND DESIGN OF COLLECTOR ROAD TO HAPPEN WITH THE FILING OF THE PLAT. SO IMMINENTLY, AND THEN CONSTRUCTION OF BOTH OF THOSE PIECES OF INFRASTRUCTURE WOULD HAPPEN COINCIDENTLY WITH CONSTRUCTION OF IMPROVEMENTS ON THE WEST PARCEL. >> AND I HAVE SIMILAR QUESTIONS BUT I THINK THE SAME ANSWERS IN 9.9. >> WOULD YOU MIND GOING BACK TO THE LAST SLIDE? IT'S MY UNDERSTANDING YOU GUYS ARE WANTING TO PAY FOR THE ROAD ENTIRELY. THE TURN LANES AND ALL THAT. AND ALL YOU'RE ASKING FOR AS FAR AS THE INCENTIVES IS ALL WASTEWATER IMPACT FEES AND TRANSPORTATION FEES, TIA MITIGATION FEES, THAT'S ALL YOU'RE ASKING FOR? DO YOU WANT TO DO MORE DEVELOPMENT? >> SO OKAY. YOU'RE PAYING FOR THE PUMP AND HAUL. THIS BULLET SAYS WE ENTER INTO AGREEMENT. YOU WANT JUST A CREDIT OF THE FEES ON THE DEVELOPMENT. WHEN YOU READ THE AGREEMENT, I DON'T KNOW IT EXACTLY SAYS THAT IN MY MIND. I'M NOT AN ATTORNEY. IT SAYS THAT FOR INSTANCE, IN CONSIDERATION OF THE SUBSTANTIAL ECONOMIC BENEFIT, AND EVERYTHING YOU GUYS ARE DOING, OWNERS ACTUAL HARD AND SOFT COSTS RESULT THEREOF FOR IMPROVEMENTS AND OTHER OBLIGATIONS PROVIDED. SOMEWHERE JUST SAYS YOU DON'T HAVE TO PAY. YOU DON'T HAVE TO PAY I READ OVER AND OVER. I APPRECIATE THE ECONOMIC BENEFIT, BUT I WOULD RATHER MAKE SURE THAT YOU DIDN'T HAVE TO PAY $500,000 OF IT. IF YOU STILL OWED A MILLION, YOU STILL OWE US A HALF MILLION. >> MAYOR, SO WE DID THAT MATH BEFOREHAND, AND THE DEVELOPER IS SPENDING MORE THAN THEY ACTUALLY WOULD RECEIVE IN CREDIT. AND THEY ARE EFFECTIVELY AGREES TO PAY THE CITY'S COST SHARE AS WELL. SO, WE'RE ACTUALLY TO THE BENEFIT OF THE CITY BY THEM AGREEING TO BUILD IT AND TAKE IT ALL ON AS A PART OF THEIR PROJECT AND THEN THE CREDITS DO NOT FULLY RECOVER THE EXPENSE. >> OKAY. FOR INSTANCE, WASTEWATER IMPACT FEES. WE KNOW WHAT THEY ARE TODAY. YOU MAY NOT BUILD FOR 10 YEARS. I DON'T KNOW THAT WE HAVE A SET UP. THEY DON'T EXPIRE. RIGHT? >> IMPACT FEES ARE BASED OFF PLAT DATE. >> WHAT WE HAVE HERE AND THEY HAVEN'T FILED THE PLAT. HE COULD FILE 10 YEARS FROM NOW. >> CONCEIVABLY, THEY COULD FILE A PLAT THAT FAR IN THE FUTURE. TRUE. >> IT SAYS OWNER SHALL RECEIVE FEE CREDITS SUCH THAT OWNER SHALL HAVE NO OBLIGATION TO PAY THE CITY AT ANY TIME ANY WASTEWATER IMPACT FEES AND THERE'S SO MANY NOS AND ANIES. YOU WILL GET A CREDIT BECAUSE I DON'T KNOW WHAT THE FUTURE IS AND YOU MAY NOT EVER FILE A PLAT AND YOU MAY WAIT FIVE OR SIX YEARS AND WE MAY JACK UP OUR WASTEWATER IMPACT FEES AND ALL OF A SUDDEN, WE'RE IN A RECESSION AND THE SEWER LINE COSTS GO DOWN. NOW YOU ARE MAKING OUT. SO AS LONG AS STAFF IS EXTREMELY POSITIVE BECAUSE YOU GO TO EVERY SINGLE FEE IS, TRANSPORTATION IMPACT FEE, YOU'RE GOING TO RECEIVE FREE CREDIT SUCH THAT OWNER SHALL HAVE NO OBLIGATION TO PAY THE CITY. IF WE'RE 100 PERCENT POSITIVE, YOU'RE PAYING $10 MILLION AND $1 MILLION,IN THE FUTURE I DON'T LIKE THIS LANGUAGE. [03:05:02] WE COULD SAY TRANSPORTATION AND MITIGATION FEES DATED TODAY. >> THERE'S A PROVISION, SORRY IF I MAY. THERE'S A PROVISION MY COLLEAGUE JUST POINTED OUT. IN THE LANGUAGE THAT WE JUST WORKED WITH CITY LEGAL THIS AFTERNOON. THAT SAYS WE HAVE TO START CONSTRUCTION WITHIN FIVE YEARS. >> SO THEN IF IT GOES PAST FIVE YEARS. >> YOU CAN STILL SAY THE THESE FEES AS THEY EXIST ON THE CITY'S FEE SCHEDULE, AS OF THE DATE. >> DOES THAT BOTHER YOU GUYS? >> LET ME CONFER. >> YEAH. >> AND THEN -- >> CAN YOU REPEAT THAT? >> SHE'S SAYING, YOU CAN PUT IN THERE THE FEES AS THEY ARE TODAY. >> THAT'S WHAT I SAID. >> INSTEAD OF WORRY ABOUT TODAY OR, JUST GIVE IT TODAY'S PRICE. >> AND AGAIN, I THINK YOU ARE WAY OVER DOING THINGS. IT'S JUST FROM A STAFF, WE'RE TRYING TO GET VERY CONFORMED DOCUMENTS. THIS ONE WE'RE COMING REALLY GOOD ON. THE NEXT ONE PEOPLE WILL GO, I JUST WANT TO USE THE SAME AGREEMENT THE OPUS GUYS DID. I WANT TO MAKE SURE THE PUBLIC IS AWARE WE ARE WATCHING EVERY SINGLE THING AND MAKING SURE YOU ARE SMARTER THAN US. WE GET IT ALL TRACKED. >> WE HAVE GOTTEN TO A PLACE WHERE WE'RE BOTH COMFORTABLE AND GETTING WHAT WE WANT >> WE WANT A FEW DEVELOPERS, YOU WILL DEDICATE AND CONSTRUCT THE ROAD AND THE DETENTION. YOU WILL CONSTRUCT TURN LANES. AND YOU HAVEN'T ASKED US FOR HEY, CAN YOU GET REIMBURSED. YOU'RE GOING WAY ABOVE AND BEYOND. IT'S A TECHNICALITY BETWEEN ME AND STAFF. AS LONG AS YOU GUYS ARE COOL PUTTING THAT IN. I DON'T WANT A PROBLEM. >> THEY'RE GOOD WITH IT. >> YEAH. WE'RE FINE. SOUNDS GOOD. >> THANK YOU. >> I MAKE A MOTION WE APPROVE RESOLUTION R-2026-188. WITH THE ADDITION OF, THE LANGUAGE THAT -- >> ALBERTA. OUR FEE SCHEDULE, WE JUST RECENTLY ADOPTED IT WITH THE BUDGET. WE HAVE TO CALL IT BY ITS RIGHT NAME. >> WHAT YOU SIDES PARTIALLY TRUE. ALBERTA BARRETT. WE DID ADOPT THE FEE SCHEDULE AT THE LAST MEETING OR SO. IT WAS MEETING AFTER THE BUDGET. YES, IT IS ADOPTED. >> SO IT WOULD BE THE CITY'S 2026 FEE SCHEDULE. >> THAT'S CORRECT. >> THAT'S HOW WE CHARACTERIZE IT. >> FISCAL YEAR '27 FEE SCHEDULE AND EFFECTIVE FOR '27. >> WE ADOPTED NO '26 FOR '27. >> I WILL LET YOU GET THE LANGUAGE. MINE IS JUST TO APPROVE WITH THE CURRENT FEE SCHEDULE. IS THE MOTION. >> THANK YOU. YOU'RE JUST DOING THE 9.8. >> WHAT ABOUT 9.9? WE WILL COME BACK AND DO THAT TOO. >> 9.9, DEVELOPMENT AGREEMENT AS SIMILAR PROVISIONS. >> MAYOR, 501 G, EARLIER THAT WAS SWITCHED TO FEE CREDITS. SO WE DID SWITCH IT TO CREDITS. IN THE DEVELOPMENT AGREEMENT. THE AGREEMENT HUTTO TECH AND TRADE CENTER WEST, 501 G WAIVER OF FEES WAS STRUCK AND ALL THE LANGUAGE WAS CHANGED TO FEE CREDITS. IF YOU TIE THAT TO THE FEE SCHEDULE, THAT ACCOMPLISHES BOTH THINGS YOU WERE AFTER. >> THAT'S PERFECT. >> ANY PROBLEM WITH THAT, JIM? >> NO. ALL RIGHT. SO ANY OTHER DISCUSSION ON THE MOTION? HEARING NONE. CALL THE VOTE. >> I'M SORRY WHO THE SECOND? >> MORRIS. >> COUNCILMEMBER >> AYE. COUNCILMEMBER KING. >> AYE. COUNCILMEMBER >> AYE. COUNCILMEMBER ZEPEDA. >> AYE. COUNCILMEMBER REYNOLDS. >> AYE. PRO TEM >> SNYDER. >> AYE. >> MOTION PASSES. 7-0. AND THEN I WILL MAKE A MOTION TO APPROVE -- >> MAYOR. >> JUST POINT OF CLARIFICATION AND THANK YOU. WAS THAT FOR BOTH OR ARE YOU ABOUT TO VOTE ON? >> ABOUT TO VOTE ON THE DEVELOPMENT AGREEMENT. >> MOTION TO APPROVE 9.9 AS [03:10:03] PRESENTED. >> SECOND. >> SECONDED BY COUNCILMEMBER KING. ANY DISCUSSION ON THE MOTION? ALL RIGHT. HEARING NONE. CALL THE VOTE. >> COUNCILMEMBER >> >> COUNCILMEMBER ZEPEDA. >> AYE. COUNCILMEMBER >> AYE. COUNCILMEMBER KING. >> AYE. MAYOR PRO TEM PORTERFIELD. >> AYE. >> >> [9.5. Conduct a public hearing and possible action on Ordinance No. О-2026-052 regarding the request from the Drenner Group, representatives, on behalf of Ventana Hills, LTD, owners, to alter the Hutto Future Land Use Map for 18.733 acres along CR119 from the designation 'Neighborhoods' to the 'Employment Center' category. (Howard Koontz)] SNYDER. >> MY. >> MOESZ MOTION 7-0. 9.5. CONDUCT A PUBLIC HEARING ON 0-2026-052 REGARDING THE REQUEST REPRESENTATIVES ON BEHALF OF ANTENNA HILLS TO ALTER THE HUD LAND USE FOR 18.377 ACRES FROM THE DESIGNATION NEIGHBORHOOD CITY EMPLOYMENT CATEGORY. OPEN PUBLIC HEARING AT 10:13 P.M. IF THERE'S ANYONE FROM THE PUBLIC THAT WISHES TO COME UP AND SPEAK REGARDING THAT CHANGE. HEARING NONE, CLOSE AT 10:13. QUESTIONS FROM COUNCIL? I MAKE A MOTION WE APPROVE 0-2026-052 AS PRESENTED. >> SECOND. SECONDED BY MAYOR PRO TEM PORTERFIELD. I DON'T SEE THIS BEING A PLACE TO PUT A NEIGHBORHOOD. SO I DON'T THINK THAT'S VERY APPROPRIATE. TO CHANGE THIS. >> JUST HAD A COMMENT, MAYOR >> ON SEVERAL OF THESE DOCUMENTS IN THE LEGAL DESCRIPTION IN OUR PACKET, THE A ACREAGE IS A DIFFERENT NUMBER. I KNOW WE HAVE A HISTORY THAT THINGS DON'T GET FILED PROPERLY LEGALLY THAT CAN COME BACK TO HAUNT US. IT MAY OR MAY NOT BE A PROBLEM. GOING FORWARD, IF WE CAN REVIEW THE DOCUMENT AND SIT WITH STAFF. THESE ARE LEGAL DOCUMENT MAPS THAT HAVE DIFFERENT ACREAGES ON THEM. I THINK IT'S THE SAME PLAT. >> THIS IS A SURVEY CHANGE THE ACREAGE ON OR DESCRIPTION? >> ON THE LEGAL DESCRIPTION MAP SUPPOSEDLY FILED. >> SOMETIMES .738 AND SOMETIMES .733. MY ADHD MIND SEES THIS. >> IT'S JUST A POINT TO SAY THAT MAKE SURE WE'LL DOUBLE CHECK THOSE ACCURACIES. >> NO, THAT'S GOOD. YOU ARE ASKING US AND WE DON'T KNOW. >> I DON'T KNOW EITHER. >> THE HISTORY, >> ARE Y'ALL AWARE OF THAT? OKAY. THANK YOU. >> .12 ACRE OUT THERE ZONED THE WRONG WAY. >> IT WOULD BE THE .12 ACRE THAT MATTERS. >> COME BACK A YEAR FROM NOW. AS LONG AS IT'S OUR 4.95 FOR SALES TAX PURPOSES. >> MY MATH SPEAKS BEFORE ME. PLEASE CALL VOTE. REYNOLDS. >> AYE. >> >> >> MORRIS. >> AYE. COUNCILMEMBER THORNLTON. THORNTON. >> AYE. >> THAT MOTION PASSES 7-0. [9.6. Consideration and possible action on Resolution No. R-2026-187 approving the Municipal Services Agreement with Ventana Hills, Ltd., governing the provision of City services to be provided to a +/- 18.733 acre tract of land to be incorporated into the project known as Hutto Tech and Trade Center. (Howard Koontz)] NEXT WE HAVE 9.6. CONSIDERATION AND POSSIBLE ACTION ON ORDINANCE R-2026-052 REGARDING THE REQUEST FROM DRENER GROUP REPRESENTATIVES ON BEHALF OF VEN TANNA HILLS. TO SPEAK WE HAVE JOSEPH CORTEZ. >> HE JUST LEFT. >> I DON'T WANT HIM TO THINK I OBJECTED TO HIS ABILITY TO SPEECH. IF I GO ON, I WILL BE ACCUSED OF INFRINGEMENT ON THE FIRST AMENDMENT. JOSEPH CORTEZ HAS LEFT THE BUILDING TEMPORARILY. NOPE. DISCUSSION. ACTION ON THIS FROM ANYONE? QUESTIONS? I WILL MAKE A MOTION TO APPROVE R-2026-187 AS PRESENTED. >> SECOND. CALL VOTE. >> COUNCILMEMBER ZEPEDA. JUDGE AYE. KING. >> AYE. MAYOR SNYDER. >> AYE. COUNCILMEMBER MORRIS. >> AYE. [03:15:01] COUNCILMEMBER THORNTON. >> AYE. COUNCILMEMBER REYNOLDS. >> AYE. MAYOR PRO TEM PORTERFIELD. >> AYE. [9.7. Conduct a public hearing and possible action on Ordinance No. O-2026-053 approving the annexation of the Hutto Tech and Trade Center, located on 18.733 acres, described as being out of the James Neil Survey, Abstract No. 477, in Williamson County, Texas; located on the west side of CR119 a/k/a Ed Schmidt Boulevard, approximately 1,000- feet north of its intersection with Emory Crossing Boulevard, and to Establish the Base Zoning of SF-1 (Single Family) zoning district, as well as the annexation of the county road that abuts the annexation tract. (Howard Koontz)] >> MOTION PASSES, 7-0. NEXT WE HAVE 9.7. CONTACT A PUBLIC HEARING ON ORDINANCE 0-2026-053 APPROVING THE ANNEXATION OF THE HUTTO TECH AND TRADE CENTER ON 18.733 ACRES. DESCRIBED AS JAMES NEIL SURVEY TRACT LOCATED ON WEST SIDE OF SIERRA. APPROXIMATELY 1000 FEET NORTH AND TO ESTABLISH A BASE ZONING OF SF 1, SINGLE FAMILY ONE AND ANNEXATION OF THE COUNTY ROAD TO ABUTS THE TRACT. MY ONLY QUESTION -- WE JUST SAID, I GUESS THE FUTURE LAND USE MAP WE WENT FROM NEIGHBORHOODS TO EMPLOYMENT CENTER. NOW IN THE ZONING, WE'RE SAYING BECAUSE WE'RE ANNEXING IN, WE BRING IN AS SINGLE FAMILY. SO DOES THAT MEAN WE HAVE TO TURN AROUND AND REZONE IT? >> YES. >> THERE WAS A TIME IN THE RECENT PAST WHEN ALL THIS WAS IN A DIFFERENT ORDER. AND IN THAT DIFFERENT ORDER, EVERYTHING FELL EXACTLY IN THE ORDER THAT IT NEEDED TO. BUT SINCE WE MOVED SOME OF THIS STUFF AROUND, IT'S GOING TO APPEAR OUT OF ORDER BUT BY THE TIME WE GET TO THE END AND WE'RE DONE. IT WILL ALL MAKE SINCE. >> 9.10, WE'RE GOING TO LI TO SS1. THAT'S A PROCESS. >> ALL RIGHT. KEEP MAKING THE MOTION. MOTION TO APPROVE. >> YOU NEED PUBLIC HEARING. >> 10:19 P.M. OPEN. ANYONE IN THE PUBLIC WISHES TO SPEAK ON THIS ANNEXATION? WE WILL CLOSE AT 10:19 P.M. I MAKE A MOTION TO APPROVE 0-2026-053 AS >> SECOND. >> BY >> JERREL SPEAKING UP OVER THERE. >> JERREL, WHAT'S UP? I THOUGHT YOU FELL ASLEEP. >> IT'S NOT 1 O'CLOCK YET. >> CALL THE VOTE. >> MAYOR PRO TEM >> >> >> AYE. >> COUNCILMEMBER ZEPEDA. JUDGE AYE. COUNCILMEMBER KING. >> AYE. COUNCILMEMBER MORRIS. >> AYE. COUNCILMEMBER >> THORNTON. >> AYE. >> THAT MOTION PASSES 7-0. [9.10. Conduct a public hearing and possible action on Ordinance No. O-2026-054, an application by the Drenner Group, representatives, on behalf of Ventana Hills, LTD, owners, to amend the zoning for an 18.733-acre parcel of land from SF-1 (one-family residence district) to LI (light industrial district) (Hutto Tech & Trade Center). (Howard Koontz)] THAT BRINGS US TO 9.10. CONDUCT A PUBLIC HEARING AND POSSIBLE ACTION ON ORDINANCE NUMBER 0-2026-054. AN APPLICATION OF THE DRENER GROUP ON BEHALF OF THE VEN TANNA HILLS LIMITED TO AMEND ZONING FOR 18.733 ACRE PARCEL LAND FROM SINGLE FAMILY TO LI LIGHT INDUSTRIAL DISTRICT, HUTTO TECH AND TRADE CENTER. TO SPEAK ON THIS ITEM, WE HAVE JOSEPH CORTEZ. SEE IF HE'S BACK YET. >> THANK YOU, RICK. >> THANKS RICK. HE LIKES MOVING. >> HE'S THE ONE THAT WANTED TO BE THE P&Z CHAIR. HE'S STILL NOT HERE. SAFE. >> SO WE'LL OPEN UP THE PUBLIC HEARING AT 10:21 AND INVITE THE PUBLIC TO COME UP AND SPEAK REGARDING THAT ANNEXATION. SEEING NO ONE. WE WILL CLOSE THE PUBLIC HEARING AT 10:21 P.M. AND I WILL MAKE A MOTION TO APPROVE 0-2026-054 AS PRESENTED. >> SECOND. >> HEARING NO DISCUSSION, COLETTE CALL THE >> >> AYE. >> AYE. THORNTON. >> AYE. >> AYE. SNYDER. >> AYE. COUNCILMEMBER ZEPEDA. >> AYE. COUNCILMEMBER REYNOLD. [9.11. Conduct apublic hearing and possible action on Ordinance No. O-2026-055, a proposed amendment to the Hutto Mobility Master Plan, to revise the placement of a minor collector that links CR119 and the N/B 130 Tollway Frontage Road. (Howard Koontz)] >> AYE. >> MOTION PASSES 7-0. 9.11. CONDUCT A PUBLIC HEARING ON ORDINANCE 0-2026-055 TO COLLECT 119 AND NORTHBOUND TOLL WAY FRONTAGE ROAD. EVERY ITEM DEALS WITH THIS SAME THING. OPEN THE PUBLIC HEARING AT 10:22. WE HAVE JOSEPH CORTEZ. GOT TO PUT HIM ON THE PAYROLL. >> JOSEPH OR RICK? >> RICK. THANK YOU, RICK. [03:20:07] STILL NOT BACK. SO ANYONE ELSE FROM THE PUBLIC WISH TO COME UP AND SPEAK ON THIS ITEM? THOUGHT YOU WERE GETTING READY TO COME UP. CLOSE PUBLIC HEARING AT 10:22. DISCUSSION OR ACTION FROM COUNCIL? SECOND. ARE YOU MAKING A MOTION? I MAKE A MOTION TO APPROVE 0-2026-055 AS PRESENTED. >> SECOND. GOT YOU. ALL RIGHT. HEARING NO DISCUSSION. CALL THE VOTE. >> COUNCILMEMBER MORRIS. >> AYE. COUNCILMEMBER ZEPEDA. JUDGE EYE. >> AYE. THORNTON. >> AYE. MAYOR PRO TEM >> AYE. KING. >> AYE. MAYOR SNYDER. [9.12. Conduct a public hearing and consider possible action on Resolution No. R-2026-190 to consider the designation of an area in the Hutto Crossing Industrial Park, between Alliance Boulevard and Innovation Boulevard, as a tax abatement reinvestment zone. (Cheney Gamboa)] >> MOTION PASSES SEVEN-0. BRINGS UP TO 9.12. CONDUCT A PUBLIC HEARING AND CONSIDERING POSSIBLE ACTION ON RESOLUTION R-2026-190 TO CONSIDER THE DESIGNATION OF AN AREA IN THE HUTTO CROSSING INDUSTRIAL PARK AS A TAX ABATEMENT REINVESTMENT ZONE. HEY. >> HI. THANKS YOU GUYS FOR STAYING. I'M GOING TO OPEN UP PUBLIC HEARING AT 10:24. ANYONE FROM THE PUBLIC TO COME UP AND SPEAK ON THIS REINVESTMENT ZONE. SEEING NO ONE. I'M GOING TO CLOSE AT 10:24 P.M. >> AND TO SPEAK ON THIS ITEM, WE HAVE JOSEPH CORTEZ. I DON'T THINK HE'S COMING BACK. IT'S A GAME. YOU HAVE TO PLAY THE GAME. I'M NOT BEING ACCUSED OF INFRINGING ON PEOPLE'S RIGHTS. >> POUR THE PANCAKE MIX OUT. >> THAT'S ONE. JOSEPH IS NOT HERE. SO, CHENEY. >> WALK US THROUGH THIS ONE, PLEASE. >> THANKS. CHENEY GAMBOA, GOOD EVENING MAYOR AND COUNCIL. THIS ITEM IS CONSIDERATION OF A RESOLUTION TO APPROVE AN ABATEMENT ZONE. THIS IS IN SUPPORT OF THE BLUE HUB INCENTIVE. IF YOU RECALL, COUNCIL ALREADY AUTHORIZED AND APPROVED CHAPTER 380, WHICH IS A PROPERTY TAX REIMBURSEMENT. DUE TO THE TIMELINE CONSTRAINTS WE WERE TRYING TO ACHIEVE. THE INTENTION WAS TO MOVE TO CHAPTER 312. PROPERTY TAX ABATEMENT AGREEMENT AND THE PUBLIC HEARING IS REQUIRED FOR THAT IN ESTABLISHING THE ZONE. >> OKAY. QUESTIONS? >> I WAS VERY CONFUSED WHEN IT SAID TAX ABATEMENT REINVESTMENT ZONE. I THOUGHT IT WAS TAX INVESTMENT, I MEAN TAX INCENTIVE REINVESTMENT. IS THAT THE NORMAL WAY. WE'RE CHANGING FROM TAX REIMBURSEMENT TO ABATEMENT. >> IT'S A LITTLE CONFUSING. I HAD THE SAME QUESTION BECAUSE IT WAS REMINISCENT TO A TIRZ. THIS IS ABATEMENT VERSUS REINVESTMENT. >> THIS IS THE WORDS REQUIRED FROM STATE LAW. BUT YOU CAN ALSO HAVE A TIRZ AND TAX ABATEMENT WITHIN THE TIRZ. BECAUSE WE HAVE NO TIRZ ON THIS LAND, WE ARE GOING TO DESIGNATE IT A TAX ABATEMENT REINVESTMENT ZONE. WE WILL COME BACK WITH AN ORDINANCE WITH THE SURVEY TO ACTUALLY ESTABLISH IT. THAT WILL BE ON THE AGENDA WHERE WE HAVE THE SURVEY. >> THANK YOU. THAT'S MY SIMPLE MIC. >> MY ONLY QUESTION BECAUSE THIS IS MY FIRST TIME HEARING ABOUT IT TOO. CAN YOU EXPLAIN THE ABATEMENT REINVESTMENT ZONE AND HOW THAT BENEFITS THE COMMUNITY >> SURE, SO, REINVESTMENT VERSUS REIMBURSEMENT. WE CURRENTLY HAVE AN APPROVED CHAPTER 380, A PROPERTY TAX REIMBURSEMENT INCENTIVE APPROVED BY COUPLE. SHIFTING IT MEANS WE'RE NOT BRINGING MONEY TO THE CITY AND ABATING IT. FOR TAX RATE CALCULATIONS AND GENERAL BUDGETING FOR THE CITY, IT'S MUCH MORE EFFECTIVE TO NEVER RECEIVE THE MONEY THAN TO HAVE TO ACCOUNT FOR IT AS REVENUE RECEIVED AND THEN PAY IT BACK OUT. IT ALSO IS HANDLED BY THE COUNTY. >> BUT THERE IS THE CERTIFICATION THAT THEY HAVE TO DO TO YOU IN ORDER TO GET IT. >> CORRECT. THEY STILL HAVE COMPLIANCE MEASUREMENTS TO REPORT TO US TO MAINTAIN THEIR QUALIFICATION FOR [03:25:02] IT. AS FAR AS PROCESSING IT. >> WHAT IS THE DIRECTOR OF ECONOMIC DEVELOPMENT APPROVES, THEN THEY FILE A FORM WITH THE COUNTY AND SO IT'S JUST A PASS THROUGH FROM THE COUNTY TO THEM. RATHER THAN HAVING US COLLECT THE MONEY AND GIVE IT TO >> OKAY. THANK YOU. >> SURE WHAT IS THE DRAWBACK TO APPROVING THIS? >> BECAUSE IT WAS EASY AND ALWAYS GREAT, WE WOULDN'T HAVE TO VOTE ON IT. >> THE STATE LAW REQUIRES YOU TO DO IT THIS WAY. >> I KNOW. BUT I MEAN BY PASSING THIS, WHAT DO ARE WE GIVING UP? THIS IS THE FIRST -- >> WE'RE JUST CREATING THE ZONE. SO IN ORDER TO GET A TAX ABATEMENT, WE HAVE TO COME BACK WITH AN AGREEMENT FOR COUNCIL TO APPROVE WITHIN THE ZONE. >> WE WOULD BE GIVING UP OUR TAXES. >> RIGHT. THEY WOULDN'T, FOR A 10 YEAR PERIOD OF TIME. >> WHAT WE'RE DOING, THE PROCESS IS TO REPLACE THE CHAPTER 380. THE EXACT TERMS THAT WERE AGREED TO IN 380 WOULD BE FLIPPED TO 312. THE 380 WOULD BE NULL. WE WOULD BE ADHERING TO THE SAME PERCENTAGES AS WHAT WAS ALREADY APPROVED. THIS IS NOT IN ADDITION TO, IT WAS TO REPLACE. >> WHAT IS WRONG WITH THE 380. ANY TIME WE DOING AND, THERE'S SOMETHING WRONG. >> AS I MENTIONED, IT MEANS WE'RE BRIDGING THE MONEY IN AND GIVING IT BACK OUT. I MIGHT NEED ALBERTA TO HELP ME. IT'S BETTER FOR TAX RATE CALCULATIONS NOT RECEIVING IT AND JUST ABATING IT. >> SO THIS IS A, KIND OF LIKE WHEN WE DID THE TIRZ FOR THE DATA CENTER. >> CORRECT. THIS IS CHAPTER 312. THIS EVENS OUT OUR TAX RATE SO WE'RE NOT DEALING WITH. >> CORRECT. >> QUESTION. >> AND ALLOWS THE OTHER TAXING ENTITIES TO PARTICIPATE IN THE SAME TAX AGREEMENT. WILLIAMSON COUNTY MAY WANT TO DO THIS TOO. >> CORRECT, THE COUNTY IS ALSO PROCEEDING WITH THE 312. >> THIS IS FOR THE PROJECT BLUE >> BLUE HUB. CORRECT. >> I HAVE A QUESTION ON PAGE 591. >> THERE IS A POINT OF INFORMATION ON THAT. BECAUSE IT'S A PUBLIC HEARING. INSTEAD OF USING 312, 380, CAN YOU DEFINE WHAT THOSE ARE, SINCE WE'RE IN A PUBLIC HEARING. I'M TRYING TO TRACK WHAT YOU'RE SAYING. YEAH. NOT SAY THE WHOLE THING BUT SUMMARIZE. >> HAPPY TO. SO CURRENTLY WE >> WHICH IS A PROPERTY TAX REIMBURSEMENT AGREEMENT INCENTIVE AND THAT WAS DUE TO THE TIMELINE BECAUSE THERE'S MORE PROCESS FOR ABATEMENT BUT ABATEMENT IS BETTER FOR THE CITY AS FAR AS ACCOUNTING AND THINGS LIKE THAT SO WE HAD DISCUSSED THAT MOVING INTO CHAPTER 312 WHICH IS PROPERTY TAX ABATEMENT UNDER THE SAME TERMS. >> THANK YOU. >> THAT'S WHAT THIS IS RELATED TO. >> I THINK 591 IT SAYS HERE ABOUT THE 312 AND MAY QUESTION, IS THIS THE SAME THING FOR 380 AND 312 BUT THE PROPOSAL SATISFIES THE CRITERIA UNDER CHAPTER 31 BECAUSE IT'S REASONABLY LIKELY DESIGNATION WILL CONTRIBUTE TO RETENTION OR EXPANSION OF PRIMARY EMPLOYMENT OR TRACT MAJOR INVESTMENT IN THIS ZONE THAT WOULD BE A BENEFIT TO THE PROPERTY AND CONTRIBUTE TO THE ECONOMIC DEVELOPMENT OF THE CITY. DOES THAT GENERAL STATEMENT IS FOR BOTH 380 AND 312 IS THAT A TRUE STATEMENT OR UNIQUE TO 31? >> IT'S UNIQUE TO 312. >> MOTION TO APPROVE RESOLUTION AR 0-2026197? >> SECOND. >> MARCH I JOSEPH THANK YOU. >> SO, I HAVE A QUESTION FOR LEGAL. BECAUSE WE ALREADY HAVE AN AGREEMENT TO BRING THAT INVESTMENT, THEN HOW ARE WE CAN TRACTING NEW INVESTMENT GOING THIS? WE ALREADY HAVE AN AGREEMENT TO TRACT THE INVESTMENT SO IT FEELS LIKE WE THE THIS OUT OF ORDER, AND AT A LOSS OF THE CASE FOR MAKING IT LEGAL, OR THAT SOMEBODY COULD CHALLENGE IT. >> ISN'T THERE AN OR STATEMENT IN THERE? >> WE HAVEN'T SIGNED THE DEAL YET. >> WITHIN THE 380 AGREEMENT WE SAID THAT THAT AGREEMENT COULD BE REPLACED WITH THE 312. SO, IT'S NOT LIKE IT WASN'T CONTEMPLATED THAT WE WERE NOT GOING TO DO THIS. SO I THINK THAT THAT THE WAY THAT WE DRAFTED THE 380 SAYING THAT WE, YOU KNOW, ANTICIPATE REPLACING IT WITH THE 312 AND [03:30:04] CREATING THIS ZONE AND ALLOWING OTHER ENTITIES TO PARTICIPATE, KIND OF GREATLY BENEFITS THE WHOLE AREA. >> GOT YOU. SO, I VOTED AGAINST THE 380 BUT THE 312 IS BETTER FOR THE CITY THAN A 380, SO I'LL VOTE FOR THE THREE FOR ESTABLISHING THE ZONE BECAUSE THAT WILL BE A BETTER OUTCOME. I DON'T KNOW THAT I'LL VOTE FOR THE ACTUAL 312 ITSELF LATER BUT I AM IN FAVOR OF THIS MOTION TONIGHT TO CREATE THE ZONE. IF THAT MAKES SENSE. OKAY. THANK YOU. >> ALL RIGHT. CALL THE VOTE. >> COUNCILMEMBER THORNTON. >> AYE. >> COUNCILMEMBER KING. >> COUNCILMEMBER MORRIS, ZEPEDA AYE, MAYOR SNIDER, AYE. >> CHENEY CAN WE YOU CALL THIS A TARS NOW? >> THERE'S ENOUGH ACRONYMS. >> TARZAN FOR A COUNTRY BOY. >> PASS 7-0. [10. CONSENT AGENDA ITEMS] NEXT UP THE CONSENT AGENDA ITEMS 10-1 AND 1-11 UP FOR CONSIDERATION. ALL RIGHT, THEN COUNCIL WISHES TO PULL. OTHER WAYS ENTERTAIN MOTION TO APPROVE AS PRESENTED. >> MAYOR WE NEEDED 10-5 TO BE PULLED OUT AND APPROVED FIRST BECAUSE IT'S MSA. >> YOU PUT THAT IN THERE. >> IT'S OKAY. IT'S BEEN A LONG NIGHT. >> I LIKE TO PULL ITEM 10-3. YOU ALREADY SET 10-5. AND 11.1. WAIT. SORRY JUST 10-3. >> OKAY. TAINT MOTION TO APPROVE THE BALANCE OF THE CONSENT AGENDA. >> SO MOVED. >> SECOND. >> SECOND BY COUNCILMEMBER MORRIS AND ANY DISCUSSION? NONE? PLEASE CALL THE STREET. >> MAYOR SNIDER. >> AYE. >> COUNCILMEMBER REYNOLDS. >> AYE. >> PORTERFIELD. >> AYE. >> COUNCILMEMBER ZEPEDA. >> AYE. >> COUNCILMEMBER KING. [10.3. Consideration and possible action on Resolution No. R-2026-193 approving a Master Services Agreement with WSB, LLC for Owner's Representative services and authorizing the City Manager to execute the agreement and individual project orders, additional services agreements, and change orders in amounts less than $50,000. (Kate Moriarty)] >> AYE. >> THAT MOTION PASSES 7-0. NEXT ITEM 10-3 CONSIDERATION POSSIBLE ACTION R-0-2026 APPROVING A MASTER SERVICES AGREEMENT WITH WEST VIRGINIA SP, LLC FOR OWNERS REPRESENT -- REPRESENTATIVE SERVICES AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND INDIVIDUAL PROJECT ORDERS, ADDITIONAL SERVICES AGREEMENTS AND CHANGE ORDERS IN AMOUNTS LESS THAN $50,000. >> THEY KIND OF ALL GO TOGETHER BUT THE REASON I CALLED IT JUST THE FIRST ONE OUT IS BECAUSE I WANTED TO GET CLARIFICATION ON HOW MUCH TOTAL ARE WE AUTHORIZING, HOW ARE WE TRACKING IT, HOW IS COUNCIL INFORMED AND WHAT IS THE DO NOT EXCEED AMOUNT? >> OKAY THIS, WAS FOR 10-3 CORRECT? >> THEY'RE HALL THE SAME SO YES FOR 10-3. >> THANK UP THE SO YES SPECIFICALLY WHAT YOU'RE AUTHORIZING YOU'RE NO AUTHORIZING DOLLARS ASSOCIATED TOPPED AND ARGUABLY WE ARE KEEPING AFTER THE RFQ EVALUATIONS AND EXTENDING WSB ON A SEPARATE ENGAGEMENT THAT CAME TO YOU I BELIEVE LAST COUNCIL MEETING THIS IS JUST KEEPING THEM ON OUR APPROVED LIST AS AN OWNER'S REPRESENTATIVE. BECAUSE WE HAVE THE AGREEMENT THAT JUST PASSED, ANY ADDITIONAL WORK THAT WOULD BE PERFORMED WITH WSB PROBABLY PERIOD WOULD EXCEED THE $50,000 THRESHOLD CAP AND COME TO YOU AS JEND A ITEM. SAME THING SAID WITH JMT IF THE IPO NUMBER 1 IS APPROVED ANY ADDITIONAL WORK WITH JMT WOULD BE BROUGHT HERE TO THIS BODY BECAUSE WE HAVE ALREADY EXCEEDED THAT PURCHASE AUTHORITY CAP. A.G.CM THE OTHER MSA WOULD BE LIKELY BE THE SAIRJS YOU THEY HAVE A VERY SPECIFIC KIND OF EXPERIENCE. >> SO WSB ARE THEY ONLY ON A REPRESENTATIVE, OR DO THEY DO ENGINEERING WORK? >> THEY DID ENGINEERING WORK FOR US. THEY DO NOT DESIGN AN OWNER'S REP THE SAME CONFLICT SO THOSE ARE CONFLICTED. >> SO HERE IS THE THING. I SMOKE WITH THE ATCM GUY, AND HE TOLD ME WE ONLY DO OWNERS REPRESENT STUFF AND TO ME THAT'S THE ONLY WAY TO GO. HERE'S MY PROBLEM. I'M NOT SAYING I'M GOING TO VOTE AGAINST WSB. SO IN THIS PARTICULAR SITUATION, [03:35:03] WSB IS OWNER REPRESENTATIVE LOOKING OUT FOR NEWS IS RIGHT. >> LET'S SAY THEY'RE DESIGNING A PROJECT IN PLUGSERVILLE, AND THERE'S ANOTHER REPRESENTATIVE IN PFLUGERVILLE AND THEY'RE GOING TO CRACK DOWN ON THESE GUYS BUT THEY'RE NOT GOING TO BECAUSE THEY'RE DOING A PROJECT HERE ZONE EVERYBODY IS SCRATCHING EVERYBODY'S BACK, WHAT I WOULD LIKE TO US LOOK AT IS GETTING PEOPLE WHO ONLY DO OWNER YOU REPRESENTATIVE TYPE STUFF. LIKE HAVING A PIT ATTORNEY, THE PIT ATTORNEY IS HERE AND HELPING OUT THE CITY SIDE AND ALL OF A SUDDEN COMES UP THE NEXT SIDE HE'S REPRESENTING A PERSON THAT NOW YOU'RE VOTING ON, I WOULD JUST LIKE TO US GET TO A POINT WHERE THERE'S SEARED OH CHANCE OF CONFLICTS TO WHERE WE DON'T HAVE TO WORRY ABOUT RUNNING INTO THESE PEOPLE DOING SHODDY WORK. WE HAVE ENOUGH ISSUES AS WITNESSES PROJECTS. BUT AGCM WE'LL SEE HOW THEY DO BUT NO CONFLICT THIS HERE ALWAYS HAS A CHANCE OF BEING ONE. SO JUST DOING MY TEN CENTS THERE. >> NO MAYOR I WOULD CERTAINLY LIKE TO GO ON THE RECORD AND SAY THAT WSB'S REPRESENTATIVE SALINA SHE HAS BEEN CARRYIING THE LION'S SHARE OF WORK AND HELPING US GET OUR PROJECTS DONE AND SHE IS HERE ON THE HOT END SO I WANT TO MAKE SURE SHE FEELS A LITTLE BIT OF LOVE AND NOT JUST SCRUTINY. >> I GOT TO BE CONSISTENT I TOLD THE STORY ABOUT GARBER, WE HEARD HIM AS CITY ENGINEER TELL HIM YOU NIGHT NEED TO DESIGN X AND NEXT WEEK IT'S APPROVE CONTRACT TO DESIGN X. WHAT HAPPENED TOP ALL THE GARBER PROJECTS? THEY ALL SUCK. THEY'RE BEHIND SCHEDULE. WE HAVE A BRIDGE WE PENT THREE MILLION ON AND TRYING TO FIGURE OUT WHY DID WE DESIGN THAT? BECAUSE GARBER TOLD US TO. RECOGNIZE DOING GOOD BUT GOT TO BE CONSISTENT, I DON'T WANT TO BE ON THE NEWS. >> YES, SIR. >> FOR PLAYING FAVORITES. >> ALL RIGHT. >> THANKS, KATE. >> ALL RIGHT. THANK YOU. >> MOTION. >> ACTION? DO YOU GUYS HAVE QUESTIONS? >> MOTION TO APPROVE R 0-2026193 >> SECOND >> SECOND BY [INDISTINCT] AGAIN. SAILGT, KEEP ON THEM. ALL RIGHT. KEEP ON THEM. WE GOT PEOPLE TRYING TO BUILD CRICKET BATHROOMS AROUND HERE SO BE CAREFUL. PLEASE CALL THE VOTE. >> COUNCILMEMBERS REYNOLDS. >> AYE. >> COUNCILMEMBER THORNTON. >> AYE. >> MORRIS. >> AYE. >> ZEPEDA AYE, POEFRD. >> AYE KING. >> AYE. >> CONSIDERATION PROCESS PACKS ON TWOIKS 195 PROVE MASTER SERVICES AGREEMENT WITH JOHNSON MAYOR MORAN, FOR OWNERS REPRESENT SERVICES AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND INDIVIDUAL PROJECT ORDERS ADDITIONAL SERVICE AGREEMENTS AND CHANGE ORDERS IN AMOUNTS LESS THAN $50,000 WE SCREWED THAT UP BECAUSE WE WERE SUPPOSED TO DO THAT FIRST. >> FOR THE RECORD I HAVEN'T STAYED AMANDA TAYLOR ASSISTANT CITY SECRETARY ON THE MSA THERE WAS IPO WITH JMT AND THE MSA HAS TO BE APPROVED PRIOR TO THE IPO SO WE HAD TO PULLED TEN FIVE, COUNCILMEMBER ZEPEDA HAD A QUESTIONED ABOUT TEN THREE. >> IT SAID PLEASE PULL TIE TELL TEN FIVE TO BE APPROVED BEFORE THE REST OF CONSENT. >> WE DID JUST APPROVE THE CONSENT BALANCE PRIOR TO THE MSA DOTTIE SO DO WE NEED TO PULL THAT VOTE BACK? >> WHICH ITEM IS THAT? >> ALL OF THEM. >> WELL, TECHNICALLY, JUST -- >> TEN ONE AND TEN FIVE. >> TEN ONE AND TEN FIVE. >> JUST TEN ONE. >> APPROVED TEN FIVE PRIOR TO TEN ONE. >> ALL RIGHT. SO I'LL MAKE A MOTION TO RECONSIDER THE VOTE ON THE CONSENT AGENDA. >> HEY. >> LOVE THAT. >> SECOND. >> JUST RECONSIDER THE VOTE ON TEN ONE FROM THE CONSENT AGENDA. >> TEN ONE. COUNCILMEMBER. >> CAN WE DO THAT? HAS LONG AS WE CAN DO THAT IT'S FINE. >> JUST TEN ONE. >> SECOND. >> I WAS. >> OKAY. ALL RIGHT, PLEASE CALL THE VOTE ON RECONSIDERING TEN ONE. >> NO, WE GOT TO DO TEN FIVE FIRST. >> MOTION TO RECONSIDER TEN SGHUN. >> WE DO TEN FIVE FIRST AND WE [03:40:01] CAN RECONSIDER. >> WITHDRAW THE MOTION. I WITHDRAW THE MOTION. >> OKAY. THAT'S HOW WE WILL HANDLE IT WE WILL GET THERE. IT'S OKAY. >> DETAILS. MY WIFE TELLS ME DETAILS AND HERE'S AN EXAMPLE. [10.5. Consideration and possible action on Resolution No. R-2026-195 approving a Master Services Agreement with Johnson, Mirmiran and Thompson, Inc. (JMT), for Owner's Representative services and authorizing the City Manager to execute the agreement and individual project orders, additional services agreements, and change orders in amounts less than $50,000. (Kate Moriarty)] ALL RIGHT. SO, WE WILL GO TO TEN FIVE CONSIDER INFORMATION ON ON RESOLUTION R -- I READ THIS. >> YES. >> SO WE HAVE SEEN ACTION. I'LL MAKE A MOTION TO APPROVE RESOLUTION NUMBER R-0-2026-25. >> SECOND. >> SECOND BIF PROFESSOR. DISCUSSION, HEARING NONE CALL THE VOTE. >> COUNCILMEMBER THORNTON. >> AYE. >> COUNCILMEMBER REYNOLDS. >> REYNOLDS, KING AYE ZEPEDA. >> AYE MAYOR PROCEED TOLL PORTERFIELD. [10.1. Consideration and possible action on Resolution No. R-2026-191 approving Individual Project Order #1 with Johnson, Mirmiran & Thompson, Inc. (JMT) for Pre-construction Owner's Representative Services for CIP Project F-02, Hutto Justice Center, in an amount not to exceed $162,500, and authorizing the City Manager to execute the Project Order and related documents. (Kate Moriarty)] >> AYE. >> PASSES 7-0, COUNCILMEMBER THORNTON DO YOU WANT TO RECONSIDER TEN ONE. >> MOTION RECONSIDER ITEM TEN ONE. >> CALL THE VOTE TO RECONSIDER TEN ONE. >> MAYOR PRO TEM PORTERFIELD. >> AYE. >> COUNCILMEMBER ZEPEDA. >> COUNCILMEMBER KING. >> AYE >> MAYOR SNIDER. >> AYE. >> COUNCILMEMBER MORRIS. >> AYE. >> COUNCILMEMBER MORES. >> PASSES 7-0, SO NOW WE HAVE ITEM ONE CONSIDERATION POSSIBLE ACTION, APPROVING INDIVIDUAL PROJECT ORDER NUMBER ONE WITH JOHNS MARCH I MORE RAN AND THOMPSON INCORPORATED FOR PRECONSTRUCTION REPRESENTATIVE SERVICES FOR CFP PROJECT, HUTTO JUSTICE CENTER IN AMOUNT NOT TO EXCEED $162,000500, EXECUTE SKULTING ORDER AND RELATED DOCUMENTS. >> MOTION TO APPROVE ARE 0-2026191 AS PRESENTED. >> SECOND. >> SECOND BY COUNCILMEMBER KING ANY DISCUSSION HEARING NONE, PLEASE CALL THE VOTE. >> WE NEED A NO VOTE ON ONE OF THESE. [11.1. Consideration and possible action directing staff to bring back an Ordinance adopting the Sign Code in the Code of Ordinances. (Legal)] >> I GOT YOU MAYOR. DON'T WORRY ABOUT IT. >> THAT BRINGS US TO 11-1 CONSIDERATION OF POSSIBLE ACTION DIRECTING STAFF TO BRING BACK ORDINANCE ADOPTING A SIGN CODE IN THE CODE OF ORDINANCES. >> MAYOR AND COUNCIL I PUT THE HUTTO SIGN CODE IN CHAPTER 17 OF YOUR HUTTO COAST ORDNANCES AND USE ORDERED THE UDC SIGN CODE THAT'S PROPOSED AS THE BASIS OF CHAPTER 17 SO THE ONLY OTHER ITEMS I ADDED TO IT I PUT IN YOUR STAFF REPORT, I LOOKED AT OTHER SIGN CODES AND THEY HAVE PROVISION FOR TENANT SIGNS SO I ADDED THAT TO OUR HUPT SIGN CODE. THEY SKEMTD NATIONAL FLAGS AS THE CITY HAVING REQUIRING A PERMIT FOR THOSE TYPES OF SIGNS AND THEN I HAVE A PROVISION FOR MASTER SIGN PLANS FOR EXAMPLE IF THERE'S A HUD OR LARGE DEVELOPMENT AND SOMEBODY WANTS TO LOOK AT THE SIGN CODE AND DEVELOP A MASTER SIGN PLAN THEN THAT'S ALLOWED UNDER THE PROVISIONS I'VE PUT. IT ALSO PROVIDES FOR ADMINISTRATION NON-CONFORMING SIGNS SLIEGSZ AND PENALTIES AND THIS IS THE FIRST TIME YOU'RE SEEING THE SIGN CODE MOVED FROM THE UDC INTO THE HUTTO COLD OF ORDINANCES, THE ADVANTAGE OF PUTTING IT IN COAST ORDINANCES IS THE PERSON THAT WANTS TO ERECT A SIGN WILL FILE FOR PERMIT AND IF IT WERE IN THE UDC IT'S PART OF ZONING AMENDMENT, GOES TO THE PLANNING AND ZONE COMMISSION AND CITY COUNCIL. MOST CITIES ARE MOVING FROM TAKING THEIR SIGNS OUT OF THEIR UNIFIED DEVELOPMENT CODES AND PUTTING IN IT REGULAR CITY CODE FOR THE EASE OF ADMINISTRATION. THAT'S WHAT HIVE DONE FOR. >> BASICALLY STREAM LINES IT? >> CORRECT. >> AND THIS IS THE FIRST TIME YOU'RE SEEING IT SO I JUST WANTED TO YOU SEE WHAT IT WOULD LIKE WHEN WE CONSIDER THE UDC AT THE OCTOBER 15TH MEETING THAT'S GOING TO BE CHAPTER 16 AND YOU'LL HAVE THIS ONE UNLESS THERE'S SOME CHANGES THAT YOU LOOK AT OUR QUESTIONS THAT YOU HAVE ON IT, YOU CAN EMAIL THEM TO ME AND I'LL ADDRESS THOSE BEFORE FINAL PASSAGE. [03:45:01] >> DOTTIE JUST SO I'M CLEAR IN THE ITEM PUT IN THERE IN READY CAN'T READ THEM, 17 MONTANA 01.003 FOR LESSERS, SO THIS WOULD BE GREAT FOR BUSINESSES THAT ARE IN THESE KIND OF MULTI-SHOPPING CENTER SPACES. THEY COULD PUT UP THEIR OWN SIGNS. I DON'T KNOW WHAT THEIR RULES ARE. COULD THEY PUT THEM WHERE THEY WOULD WANT THEM WHERE TRAFFIC I CAN COULD SEE THEM OR WOULD IT BE ADDITIONAL LIMITATIONS? >> ACCORDING TO THE PROPERTY OWNER. >> CONFORM TO THE SIGN CODE. >> OUR SIGN CODE. >> OR IF THEY HAVE A COMMERCIAL AGREEMENT WITH THE LAND ZONE DHOEB RESTRICTED BUT IF THEY WANTED TO HAVE THEIR OWN SIGN THEY WOULD FILE FOR PERMIT. >> THEY COULD PUT IT NEAR THE ROAD WHERE PEOPLE WOULD SEE IT UNLESS THAT PROPERTY OWNER RESTRICTED ON THEIR PROPERTY BUT IT WOULDN'T BE ON THE CITY, WE WOULDN'T BE THE ONES RESTRICTING THAT. >> CORRECT. >> THAT'S COOL. >> SO HAS EVERYBODY READ EVERY SINGLE PART OF THIS CODE? >> DINING IT RIGHT NOW. >> SO, I WOULD RECOMMEND THAT WE TABLE THIS. >> NO, MIGHT GOING TO COME BACK. I ONLY PUT IT ON SO WE COULD MAKE COMMENTS ON IT BEFORE THE OCTOBER 15 AGENDA. >> SO WE DON'T TO HAVE TAKE ANXIOUS. >>. >> NO ACTION TONIGHT. >> ONE OF THE BIGGEST I AM PEDIMENTS TO NOT ONLY YOU DEVELOPMENT IS CGI AND ONE OF THE MESSAGES WE GAVE IN ASHLEY LEFT WAS MAKE IT SIMPLER TO OUR REGULAR PEOPLE UNDERSTAND WHAT WE ARE TALKING ABOUT, BECAUSE EVEN THE PEOPLE IN THE BUSINESS HAVE BUILDING SIGNS DON'T UNDERSTAND WHAT WE ARE TALKING ABOUT HALF THE TIME BECAUSE WE HAVE HAD MULTIPLE ISSUES WHERE THEY'VE COME TO US, PEOPLE ON COUNSEL GOING, I CAN'T GET APPROVAL. WHAT AM I DOING WRONG? ONE WAS A SIGN ON THE SILO OUTSIDE WITH SOME KIND OF DEAL SO WE HAVE GOT TO FIND A WAY TO SIMPLIFY AND FIGURE OUT IN MY OPINION WHAT IS IT WE ARE TRYING TO PROTECT AND I GET IT IF PEOPLE THROW BEAMS IN THE AIR AND SEARCH LIGHTS AND ALL THIS CRAZY STUFF BUT SOME OF THIS STUFF GETS SO COMPLICATED I THINK WE HAVE OVERTHOUGHT IT AND WHAT GUYS HAVE TO REMIND ME WHAT WE KIND OF TOLD STAFF WAS IF YOU DIDN'T GET IT SIMPLER WE WOULD JUST CUT IT OUT. SO I THINK WE NEED TO READ IT AND UNDERSTAND EXACTLY LIKE THERE'S ONE BILLBOARDS CAN ONLY BE APPROVED AS PLANNING AND ZONING. WE DON'T HAVE RIGHT AS COUNCIL TO WEIGH IN ON THAT SO TO ME -- WHAT WERE YOU GOING TO SAY? >> SO THE REASON WHY I PUT PLANNING AND ZONING IN THERE IS THEY TYPICALLY APPROVE SITE PLANS AND THINGS LIKE THAT SO THE WAY THE ADMINISTRATION WORKS IS IT GOES TO THE PLANNING DIRECTOR, TO ISSUE THE PERMIT IF IT CONFORMS TO THE SIGN CODE. IF THEY HAVE ANY WISHES IT THEY CAN APPEALING IT UP TO PMZ BUT LOOK AT THE ADMINISTRATION PART IF YOU HAVE DON'T LIKE IT GO TO PMZ AND COME TO COUNCIL WE MAKE THAT CHANGE. >> I DON'T THINK YOU MADE A CHANGE. I THINK THIS WASN'T A RED LINE CHANGE. >> WHAT PAGE ARE YOU ON? >> IN THE PACKET. WHAT PAGE IS THIS? 1330. >> BILLBOARDS UNLESS APPROVED BY PLANNING AND ZONING, WAIT SITS AND CITY COUNCIL. SO JUST LITTLE THINGS LIKE THAT I THINK WE REALLY NEED TO MAKE SURE AGAIN WHAT IT IS BECAUSE NO ONE IS FOLLOWING THE SIGN CODE. I TALKED TO JAMES WE GOT PEOPLE PUTTING SELL SELL PERRY SIGNS UP IN RIGHT OF WAY BY MY HOUSE AND WE HAVE, WE HAVE THE SAVE THE NEIGHBORHOOD SIGNS, WHAT IS IT SIGNS OF AMERICA OR WHAT'S THAT PLACE CALLED JAMES? >> CALLED NATIONAL SIGNS PLAZA. >> NAB SIGNS PLAZA THEY'VE GOT BUSINESSES ON THERE THAT AREN'T EVEN IN BUSINESS ANYMORE SO JUST SEEMS LIKE I DON'T WANT A BUNCH OF SIGNS NECESSARILY BUT I ALSO KNOW THAT BUSINESSES ARE CONSTANTLY TRYING TO FIGURE OUT HOW TO GET CGI AND -- SIGNAGE, I THINK THAT'S WHY HEB WENT WHERE THEY WENT BECAUSE OF A SIGNAGE ISSUE BECAUSE BACK IN THE DAY, BUT I RECOMMEND WE READ IT AND MAKE SURE THIS IS WE UNDERSTAND EVERYTHING AND IF WE DON'T KNOW WHAT FOOT CANDLES ARE AND WHAT ALL THAT MEANS, THEN I THINK WE NEED TO DUMB IT DOWN TO WHERE WE UNDERSTAND IT AND PEOPLE UNDERSTAND IT BECAUSE PEOPLE WHO MAKE SIGNS FOR LIVING DON'T UNDERSTAND WHAT WE ARE TRYING TO DO THE PROCESS OUGHT [03:50:01] TO BE EASY ENOUGH YOU SUBMIT A SIGN YOU GET YES OR NO AND NOT A BUNCH OF DEBATE AND THIS IS PAGES AND PAGES. I DON'T KNOW. SOME OF IT YOU GET INTO CHALLENGES, DOES IT MATTER? MY WIFE TELLS ME ALL THE TIME OLD TOWN LOOKS LIKE IT'S DEAD AND OUT OF BUSINESS ON 1660 OLD TOWN LIKES A BUNCH OF VACANT BUILDINGS BECAUSE THE WAY WE HAVE THE SIGN SET UP. I DON'T KNOW THE PROPER WAY TO DO IT BUT PART OF ME IS LIKE YOU KNOW WHAT, MAYBE THAT'S THE DOWNTOWN AREA DECIDES WHAT THAT IS LOOKS LIKE BECAUSE WE ARE TRYING TO MAKE IT LOOK OLD BUT THE OLD SIGNS WE USED TO HAVE, IF YOU LOOK AT PAGE 1339 THAT OLD THEATER THING SHOOT WE NEVER ALLOWED THAT DOWNTOWN. >> WE GOT 1341 OLD BUILDING, THEY'RE FLAT BUT THEY'RE CONSISTENT TRYING TO SHOW. >> JUST THINGS LIKE THAT 1341 THE GHOST WRITING. >> IT LOOKS NICE BUT WOULD IT MEET THE STANDARD. I THINK YOU'RE TRYING TO PROVE WE CAN'T SEE IT. >> YOU CAN'T SEE IT AND THEN YOU KNOW, AGAIN, NEXT TIME YOU'RE ON 1660 LOOK OVER AT DOWNTOWN AND TELL ME YOU DON'T KNOW WHAT'S THERE. IT JUST LOOKS LIKE A BUNCH OF VACANT BUILDINGS. 1660 IS JUST A MAIN CORRIDOR AND I'M KIND OF LIKE DOIB LIKE THE SIGNS A CERTAIN WAY BUT NO ONE SAYS I GOT GOOD TASTE. MY WIFE DRESSES ME. SO IN MY EYES I SHOULD BE DECK TAILGT TO A BUSINESS WHAT A SIGN LIKES AND SAME WITH STAFF MAYBE WE OUGHT TO LET THE BUSINESSES DEWPOINTS AND SOMEBODY WAS DOING SOMETHING COOL AND CAN WE GET OTHER PEOPLE TO DO IT BUT [INDISTINCT] WHEN IT COMES TO CODE. >> WELL THIS, WAS TAKEN FROM THE UDC. I WOULDN'T CHANGE THIS STUFF IN RED. >> ANYWAY. OKAY. SO THAT'S COMING NEXT MEETING. >> YES. >> ALL RIGHT, YOU GUYS ON WE [12.1. Consideration and possible action to approve Resolution No. R-2026-200 to award a Depository Services contract to Wells Fargo Bank, N.A. and authorizing the City Manager to execute the contract and all necessary agreements. (Alberta Barrett)] MOVE TO 12 ONE. >> GO FOR IT. >> 12 ONE CONSIDERATION POSSIBLE ACTION TO APPROVE REST LEWIS WILL HAVE-0-2026200 TO AWARD DEPOSIT FOR I SERVICE CONTRACT TO WELLS FARGO BANK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE CONTRACT AND NECESSARY AGREEMENTS. >> THANK YOU; FINANCE DIRECTOR FOR THE RECORD, WE WENT THROUGH THE PROCESS OF SOLICITING FOR BANK DEPOSITORY, I'LL TURN IT OVER TO TIM PINION TO GO THROUGH THE ANALYSIS OF THIS PROCESS. >> GOOD EVENING MAYOR COUNCIL. BY THE WAY, QUICK OVERVIEW, AND QUESTIONS YOU MAY HAVE. THE PURPOSE WAS SELECT A NEW PRIMARY DEPOSIT SOLUTION AND THE INITIAL CONTRACT WILL END EPT 130, 028, WE NORMLY STRUCTURE THE CONTRACT THE FIVE-YEAR CONTRACT WITH INITIAL TWO-YEAR TERM AND THEN THREE ONE YEAR RENEWAL PERIODS AND THE REASON FOR THAT IS THAT GIVES THE CITY A CHANCE TO CHECK IN THE THERE'S ISSUES WITH THE BANK IF SOMETHING HAS CHANGED THE SERVICE LEVEL IT GIVES THE CITY A WAY TO WE WANT TO GO THROUGH THE RFA PROCESS SO THAT'S WHY STRUCTURED THAT WAY BUT HOPEFULLY IT'S A FIVE-YEAR CONTRACT AND FIVE YEARS GO BY BEFORE YOU GO THROUGH THIS AGAIN. CHAPTER 105 IS PRIMARY, THE OTHER IS CONFLICT OF INTEREST, PUBLIC FUND ININVESTMENT ACT AND PUBLIC FUNDS COLLATERAL ACT. NAING COLLATERAL ACT BECAUSE YOU'RE A CITY BANKS ARE REQUIRED TO COLLATERALIZE, SO ALL THE CITY'S DEPOSITS ARE SECURED BY THAT COLLATERAL AND FOR THE PROJECT, WE LOOK AT THE CITY'S HISTORICAL BANK SERVICE USAGE. WE USE THAT TO PUT TOGETHER A FEE SCHEDULE THAT IS BASED ON CITY ACTUAL VOMS AND ALSO A CHANCE TO REVIEW ARE THERE ANY BANK SERVICES BEING OFFERED THAT WOULD BENEFIT THE CITY SO IT'S A FINANCIAL CHECK UP AND GOOD TO GO THROUGH THAT. WE EXPANDED BASED ON YOUR INPUT, WE EXPANDED THE LIST OF ELIGIBLE BANKS TO 15 MILE RADIUS TO INCREASE THE COMPETITION AND GIVE THE CITY MORE OPTIONS IN SELECTING A DEPOSITRY. [03:55:05] AS A FORMER BANKER MYSELF SOMETIMES I WOULD GET RFP AT DIFFERENT PART. BANK IT WOULD GET TO ME TWO DAYS BENEFIT WAS DUE SO WE WANT TO MAKE SURE IN ADVANCE IT'S GOING TO THE RIGHT BANKER THEY'VE GOT A CHANCE TO COME -- WORK ON IT. REQUIRED TO DISTRIBUTE TO THOSE BANKS IDENTIFIED AND WE HAD A NON-MANDATORY PREAPPLICATION ZOOM CALL. THAT'S GOOD TO LET THE BANK SEE WE HAVE GOT TO COMPETE FOR THIS IF WE ARE GOING TO HAVE A CHANCE TO BE WIN THIS. WE HAD EIGHT BANKS THAT ATTENDED THAT, SONORA BANK DID EXPRESS AN INTEREST. THEIR APPLICATION WASN'T SUBMITTED BY THE DEADLINE AND THERE WAS EMAIL BACK AND FORTH SO WE WANTED TO MAKE A NOTE. THEY EX-PREDSED INTEREST BUT DID THE NOT DELIVER THE RPP BY DEADLINE. TURNOUT VERY GOOD RESPONSE RATE FROM THE BANKS AND THIS EVALUATION CRITERIA I THINK CAPTURES THE DIFFERENT ELEMENTS SO THERE'S A LOT OF COMPLEXITY FOR CITIES BANKING NEEDS, THERE'S A LOT OF TRANSACTIONS, A LOT OF CASH FLOW SO THIS CAPTURES THE ELEMENTS WE LOOK AT WHEN MAKING FINAL RECOMMENDATION AND THIS IS THE FINANCIAL ANALYSIS WE PUT TOGETHER SO WHAT WE DO IS LOOK WHAT ARE THE BANK'S FEES. WE GIVE THEM A FEE SCHEDULE THAT IS BASED ON THE CITY ACTUAL VOLUMES AND SAY WHAT WOULD YOU CHARGE THE CITY TO PROVIDE THESE SERVICES AND WE ASK THEM WHAT ARE THE INTEREST RATES HOUR GOING PAY ON THE CITY'S BALANCE SO WE TAKE THOSE ACTUAL VOLUMES AND WE TAKE THE CITY'S ACTUAL BALANCE HISTORY, WHAT'S THE STANDARD DEPOSIT LEVEL THE CITY MAINTAINS SO WE FACTOR IN THE COST OF THOSE FEES. WE LOOK AT THE INTEREST RATE TIMES THE BALANCES LESS ANY FEES THAT CHARGED AND WE KIND OF COME UP WITH A NET NUMBER SO THE FAR RIGHT COLUMN ARE THE TWO NET NUMBERS SO THAT IS NET OF THOSE FEES AND THE FIRST TWO COLUMN SECOND AND THIRD HIGHEST TO LOWEST SO WELLS FARGO BANK CAME OUT ON TOP, HUNTINGTON WAS THE NEXT VERY COMPETITIVE OFFER BUT NOT BETTER THAN WELLS FAR GO A LITTLE BELOW THAT AND YOU SEE HOW THE OTHER BANKS RANKED BELOW THAT. ONE OF THE THINGS THAT WE REQUESTED TO INCLUDE WAS TO SEE IF ANY OF THE BANKS WOULD OFFER TO PROVIDE OR REIMBURSE THE CITY FOR THE ARMORED CAR SERVICES FOR DELIVERING CASH TO THE BANKS AND TWO BANKS AGREED TO DO THAT THAT FEE RUNS THE $479 A MONTH SO WE TOOK THAT NUMBER FACTORED THAT IN THE ANALYSIS AND THAT WAS INCLUDED IN THE ANALYSIS ON THE PREVIOUS PAGE SO WE FACTORED IN FOR HUNTINGTON AND REGIONS THE BENEFIT THAT THAT REIMBURSEMENT PROVIDED AND EVEN WITH THAT WELLS FARGO DID COME OUT ON TOP SO BASED ON THE FINANCIAL ANALYSIS WE HAVE THE HIGHEST INTEREST RATE OFFERED BY THE RESPONDING BANKS THEY HAVE A ROBUST SUITE OF BANKING SERVICES, SAME WITH INCUMBENT THERE IS COSTS INVOLVED IN CHANGING BANKS AROUND THE ERC PROGRAM THAT'S INVOLVED IN THAT SO THAT CAN RUN TYPICALLY $20,000-40,000 A COMMON NUMBER SO THAT'S A FANNING FOR TO CONSIDER SO STAFF IS RECOMMENDING AWARDING THE DEPOSITORY PROJECT TO WELLS FARGO AND WITH THAT I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. >> QUESTIONS COMING. >> ALBERTA THANKS FOR ALL THE DETAIL ON THIS. IT MAKES IT A WHOLE LOT EASIER FOR ME WHEN YOU GUYS GOT IT DOWN TO EVERYTHING TO WHERE I FEEL LIKE WE ARE, I DON'T KNOW. WERE YOU HERE LAST TIME? >> I DON'T BELIEVE SO. >> I ALWAYS FEEL LIKE WE ARE MISSING SOMETHING BECAUSE I FIELD LIKE WE DIDN'T HAVE ALL THE INFORMATION SO WE WERE MAKING DECISIONS ON BANKS IN HUTTO AND I WAS LIKE WHAT ABOUT THE GUY THAT IS ONE MILE OUTSIDE HUTTO CAN THEY PROVIDE BETTER AND THEN IT'S GOOD TO SEE ALL THE RATES SO THEY SAY HEY YOU GUYS NEVER PICK A SMALL BANK WELL I'M SORRY BUT YOU'RE PAYING A POINT LESS THAN A IT'S HALF A MILLION DOLLARS. WE ARE HERE TO MAKE I GUESS AS MUCH MONEY AS WE CAN AND NOT LOSE AS MUCH AND HALF A MILLION IS HALF MILLION. >> AND THAT'S WHAT WE WILL PROVIDE, THE BANKS LETTING US KNOW HOW YOU ARRIVE AT YOUR DECISION WE WILL TAKE THAT SHOT WE SHOWED YOU. [04:00:01] >> IF YOU'RE GOING TO LOAN MONEY YOU DO THE SAME THING SAME WAY YOU DON'T PAY ENOUGH AND YOUR FEES. >> EXACTLY. >> THE ONLY QUESTION NOW I SEE THOSE INFORMATION WHAT ARE THOSE FEES? >> SO THE BANKS, IT'S CHARGED. >> WELLS FARGO CHARGES $24,000 A YEAR FOR -- >> RIGHT. SO THAT'S THE WAY THAT BANKS CALCULATE THE SERVICES THAT THEY PROVIDE, TO CITY AND THE COMMERCIAL CUSTOMERS SO IT'S THINGS LIKE EVERY TIME YOU MAKE A DAS IT WHEN YOU SEND IN A ACH FOR DIRECT DEPOSIT AND MOST BANKS DO THAT. AS YOU SEE THE BANKS FEES WILL RANGE, WIRE FEES RIGHT AND WHEN YOU MAKE A DEPOSIT YOU THINK IT'S EASY BUT IT'S ACTUALLY ONE OF THE MORE EXPENSIVE THINGS BECAUSE FROM A BANK'S PERSPECTIVE YOU GOT TO HAVE TWO TELLERS DUAL CUSTODY IT'S MANUAL PROCESS COUNTING SO THEY FIPG OUT WHAT'S OUR COST FOR THAT. YOU KNOW JUST HAVING AN ACCOUNT OPEN SO KIND OF THE STANDARD THINGS BUT THAT'S WHY WE GET THAT VERY DETAILED FEE SCHEDULE SO THEY CAN TELL US WHAT YOU CHARGE FOR ALL THESE LINE ITEMS. >> USED TO BE YOU DEPOSIT CASH FOR KNEE FREE AND I WAS AT BANK AND SAID TO MOVE THAT WOULD COST $25 AND I ASKED HOW MUCH GETTING CASH AND I SAID I'LL TAKE IT IN CASH, NEXT BANK CHARGED ME THE SAME AMOUNT OF MONEY TO DEPOSIT THE CASH, I SAID YOU GUYS ARE KILLING ME. USED TO BE YOU COULD JUST WRITE A CHECK. PEOPLE START CRACKING ON BANKS AND YOU KNOW WHAT THEY GOT IT COMING. ANYWAY. ALL RIGHT. THANKS. ANYBODY GOT ANY MORE QUESTIONS OR ACTIONS? >> MAKE A MOTION TO APPROVE RESOLUTION ARE 2026 $200 IS THAT. >> MADAM MAYOR, PROCEED FELL COUNCILMEMBER KING, VOTE. >> >> THANK YOU. >> THANK YOU. PASSES 7-0. I HAD SLIM JIM ON MY MIND. [13.1. Consideration and possible action authorizing the City Manager to notify the Williamson County Emergency Services District # 3 (WCESD # 3) of the City's intent to provide Fire Services in newly annexed areas and including authorization for the City Manager to secure website services for the provision of Fire Services. (Legal)] 13-1, POSSIBLE ACTION AUTHORIZING CITY MANAGER TO NOTIFY WILSON COUNTY OF THE CITY'S INTENT TO PROVIDE FIRE SERVICES IN NEWLY ANNEXED AREAS INCLUDING AUTHORIZATION TO SECURE WEB SERVICES FOR PROVISION OF FIRE SERVICES. >> SO MOVED. >> SO I DRAFTED A LETTER AND I BELIEVE AMANDA SENT THAT OUT TO EVERYBODY. IT'S UNDER SECTION 775.002 OF THE HEALTH AND SAFETY CODE IN THE THE LAST PARAGRAPH OF THE LETTER I TIED THE KEYED TO WHEN WE WOULD SEND OUR COMPETED FIRE SERVICE PLAN TO THE DATE THAT WE ARE GOING TO CALL THE ELECTION FOR THE ALCOHOL, BECAUSE THAT WOULD MOST OF THE NEWLY ANNEXED PROPERTIES. BUT YOU DON'T HAVE TO HAVE THAT DATE. CAN YOU SAY ANOTHER DATE IF YOU THINK YOUR FIRE SERVICE PLAN IS GOING TO TAKE MORE TIME. >> STAY THAT AGAIN, PLEASE. I'M SORRY. >> SO, WE ARE GETTING A LOT OF REQUESTS FOR ANNEXATION FOR PROPERTIES THAT WANT TO BE INCLUDED IN THE CITY WHEN WE HAVE THE ELECTION FOR ALCOHOL TO TAKE UP THE AREAS THAT DON'T HAVE THE ALCOHOL USE. AND WE ARE GOING TO SEND THESE ANNEXATION ORDINANCES TO THE ESD AND TELL THEM UNDER THE STATE LAW THAT WE ARE GOING TO PROVIDE FIRE SERVICES UNDER FIRE SERVICE PLAN, SO THE LAST PAGE OF THE LETTER, THE DATE THAT WE HAVE CALLED THE ELECTION ON THE ALCOHOL ELECTION IS FEBRUARY 13TH, 2027. AND SO, AT THAT DATE WE NEED THE PROPERTIES WE HAVE ANNEXED UP TO THAT DATE UNDER STATE LAW WILL BE INCLUDED IN THAT ELECTION SO THAT'S WHY I HAVE THAT DATE IN THE LETTER. HOWEVER, IF YOU HAD THINK YOUR FIRE SERVICE PLAN IS GOING TO TAKE LONG, -- LONGER, YOU CAN PUT A DIFFERENT DATE IN THIS IF WANT NO. >> CAN YOU POINT OUT THE MOTION OR WHEN WE TOOK THE VOTE WITH ACTUALLY MOVING FORWARD TO [04:05:01] PROVIDING OUR OWN FIRE SERVICES? >> I WOULD HAVE TO ASK THE CITY SECRETARY. THERE EVERYBODY HAVE BEEN SEVERAL DISCUSSIONS ABOUT THAT THE THIS LETTER IS JUST AN INTENT TO PROVIDE FIRE SERVICES. IT'S NOT A GUARANTEE THAT WE WILL COME UP WITH A FIRE SERVICE PLAN. THERE WOULD BE SEVERAL THINGS COUNCIL WOULD HAVE TO DO IN ORDER TO IMPLEMENT THE FIRE SERVICE PLAN. >> OKAY. POSSIBLY IT'S CONFUSING BECAUSE EMBEDDED WITH THAT SAME ITEM NUMBER 13.1 AUTHORIZATION 0 FOR THE CITY MANAGER TO SECURE WEB SITE SERVICES FOR THE PROVISION OF FIRE SERVICES THAT'S IT SAYS PROVISION I'M SURE IT'S NOT INTENTIONALLY SAYING IF WE EVER VOTE TO MOVE FORWARD TO PROVIDE FIRE SERVICES AND THAT'S ALL I WANT IS A RECORD OF WHEN WE VOTED TO GO AHEAD AND MOVE IN ORDER PROVIDING HUTTO FIRE SERVICES. >> MAY I ASK WHY IS THAT JERMAINE? ARE YOU SAYING THIS PROCEEDING NOW THE ILLEGAL BECAUSE WE DIDN'T VOTE ON IT IN THE PAST? >> DOUGH AHEAD. >> I'M SORRY. >> SO, I'M GOING TO DEFER TO JAMES ON THE WEB SITE SERVICES. HE WAS THE ONE THAT ASKED ME TO ADD THIS TO THE AGENDA ITEM. >> OKAY. >> WELL, LET'S SPLIT THIS UP INTO TWO. THE FIRST ONE ISSUES DON'T KNOW THAT WE HAVE VOTED TO PROCEED WITH FIRE SERVICE. ALL WE HAVE DONE IS OUR CONSULTANTS GET INFORMATION GET THE DATA, AND THIS IS THE INTENT TO LOOK AT PROVIDING, SO A NOTICE WE HAVE TO BY LAW PROVIDE THEM. >> AS FOR ANNEXING AREAS WE NEED TO WITHIN LIKE 30 DAYS SEN IT TO THEM AND SAY THIS IS AN AREA WE ARE GOING TO INCLUDE SO WE ARE NOT DONE WITH THE ANNEXED AREAS. IT'S EVERY TIME WE ANNEX WE WOULD SEND THAT NEW LE ANNEXED AREA OVER TO BE INCLUDED AFTER YOU WE WERE DONE. THEN WE WOULD GET OUR FIRE SERVICE PLAN TOGETHER. >> IT DOESN'T, JUST BECAUSE WE ARE SENDING OR NOTICE OF INTENT, IT DOESN'T PUT AN OBLIGATION ON THE CITY TO COMPLETE A FIRE SERVICE PLAN, IF AT SOME POINT IN THE FUTURE YOU DON'T WANT TO DO THAT. YOU JUST LET THEM KNOW THAT WE ARE NOT GOING TO PROVIDE A FIRE SERVICE PLAN. YOU KNOW, WE WOULD JUST PROVIDE THAT. BEACH BEEN ANNEXING THESE HEARS, THESE AREAS ARE GOING TO BE INCLUDED AND AT THE END OF YOUR ANNEXATION PROCESS YOU WOULD HAVE A PLAN. >> SO THAT'S ALL THE INTENTION SENDING WITH THE WEB SITE WE HAVE INTENTION IF WE DECIDE TO MOVE FORWARD TO BUILD FIRE HUTTO CITY A FIRE SERVICES THEN THAT'S WHAT THE WEB SITE WILL BE. IS THAT RIGHT? >> THAT'S A SEPARATE THING. >> OKAY. SO I DON'T KNOW WHERE TO BREAK IT UP BUT I UNDERSTAND FOR EVERYBODY THE INTENT THAT WE DO NEED TO GET A GREATER CONTROL OVER OUR TAX DOLLARS. IT BECAME A DOGFIGHT WHEN IT SHOULDN'T HAVE BUT RIGHT NOW WE ARE TALKING ABOUT FIRE SERVICES AND WE HAVEN'T VOTED TO DO CITY FIRE SERVICES AND WE HAVE BEEN TALKING ABOUT BUILDING A STATION MAYBE TWO, WE HAD A CONSULTANT TO GIVE US PRICING. WE HAVEN'T RECEIVED THAT YET. WE DON'T KNOW THE FULL COST OF OPERATING OVER 5, 10, 0 YEARS AND THAT'S BEING WORKED THROUGH BY STAFF SO I CONTINUE WANT TO GIVE THE MIS-I AM PRESENTATION TO THE PUBLIC OR OURSELVES THAT WE HAVE TAKEN A VOTE TO DO FIRE SERVICES SAYING THIS IS THE THINGS THAT IF WE DO PRODUCE A FIRE PLAN THESE NEWLY ANNEXED AREAS WILL BE SERVED BY THIS NEW CITY OWNED FIRE SERVICES DEPARTMENT. >> RIGHT. SO, THE WAY I READ THIS STATE LAW IS WHEN YOU ANNEX YOU NEED TO GIVE THEM NOTICE. THIS IS ONE OF THE AREAS WE ARE GOING TO INCLUDE SO WE ANNEX SOME AREAS TONIGHT. SO FOR THOSE AREAS YOU'RE AUTHORIZING THE CITY MANAGER TO SEND A SIMILAR LETTER BECAUSE THEY NEED TO KNOW WHAT AREAS WE ARE CONTEMPLATING ASSOCIATION THEY CAN DO THEIR PLANNING SO IF CAN CHOOSE TO RELEASE THOSE AREAS TO US. >> THEY ALSO HAVE TO AGREE TO RELEASE AN AREA AND ARBITRATION PROCESS. >> WHO IS THEY? >> THE ESD. WE DON'T JUST SAY HEY WE WANT TO PROVIDE FIRE SERVICE AND THEY SAY OKAY AND IT'S DONE. THEY HAVE TO VOTE ON IT. MY EXPECTATION IS NO MATTER WHAT HAPPENS THEY WOULD SAY NO WE HAVE TO GO TO ARBITRATION BUT I WANT TO BE CLEAR. SHORT OF SOME REVELATION AND COST THAT HAVE NOT COME UP, AND [04:10:04] I HAVE AN EXTREMELY DETAILED BUDGET IN ESD SO THEY GOT IT DOWN TO THE FIRE TRUCK AND THE TIRES ON THE FIRE TRUCK AND FUEL FOR EACH VEHICLE SHORT OF SOME MASSIVE INFORMATION THAT HADN'T COME OUR WAY. MY FULL INTENT IS TO ALWAYS VOTE FOR OUR OWN FIRE STATION TRY TRY TRY AND IF IT HELPS WE HAVE HAD A VOTE AND WITHOUT COST I WOULD RATERED HAVE COST IN CASE THERE'S SOMETHING UNEXPECTED THAT'S BIG BUT SHORT OF THAT WE HAVE A DATA CENTER THAT THEY'RE GOING PAY THE SALES TAX AND BILLIONS OF SERVICES THAT WE ARE GOING TO GET LOCAL TAX ON AND WE HAVE SOME STUFF MOUNTING AND IF SOMEBODY OUT THERE THINKS I'M PLAYING GAMES I THINK THE TERM NO I HEAR IS A BLUFF THEN LET IT BE KNOWN MY VOTE WILL BE AGAIN UNLESS SOMETHING MASSIVE COMES OUT MY VOTE IS PROCEED WITH THE FIRE STATION AND I'VE ALREADY TALKED TO CITY MANAGER ABOUT GREAT SPOT FOR FIRE STATION NUMBER 2 BECAUSE I SEE NO OTHER WAY THAN DO IT THIS WAY. THERE'S MILLIONS AT STAKE AND CAN I NOT HAMSTRING THE CITY MANAGER AND THE CITY OF HUTTO AND HAVE THE THEY'RE DEPARTMENT CALLING BALLS AND STRIKES ON DEVELOPMENT ILLS AND HAVE THEM PALMVIEW EVERYTHING WE DO AND HOW WE SPEND OUR MONEY AND BUDGET I'LL NEVER BE ABLE TO GET BY THAT AS FOR THE WEBB SERVICES I TOLD THE CITY MANAGER IT DIDN'T COST THAT MUCH WE PROBABLY NEED TO GO AHEAD SECURE WHATEVER WEB ADDRESS WHETHER HUTTO DOT-COM OR DOT ORG SO THE MONEY SPENT ON THAT IS MINIMUM THAT WILL, SO I WAS LOOKING TO GO TO HAVE THE CITY MANAGER COME UP WITH WEB ADDRESS AND GET IT SECURED BECAUSE PART OF ME THERE'S PEOPLE THAT DO CRAZY STUFF AND CAN I SEE EVERY ADDRESS THAT HAS THE WORD FIRE IN IT AND HUTTO TAKEN AND IT MAY TAKE 50 OR A HUNDRED OF THEM AND I'D HATE TO HAVE TO COME UP WITH SOME CRAZY FIRE WEB ADDRESS BECAUSE PEOPLE WANT TO PLAY GAMES. I THINK THAT SUMS UP ALL OUR CONVERSATIONS, JAMES. DOESN'T IT? >> IT DOES. >> ALL RIGHT. >> SO IS THE DATE OKAY IN THE LETTER? >> YEAH, BECAUSE SO WE CAN CHANGE IT. THE DATE IS FINE. >> YEAH, WE CAN SEND THEM A NEW NOTICE OF INTENT THAT WE ARE CHANGING THE DATE. AND THEN, SO EVERY TIME WE ANNEX THE CITY MANAGER WILL BE SENDING THIS LET WEATHER THE ANNEXATION ATTACHED TO IT AND US THE ANNEXATION 5 ACRES OR MORE WE WILL BE PUTTING NOTICE IN THE LETTER IT'S UNDER THE ILA THAT HERE IS WHAT WE ANNEXED THAT APPLIES TO THAT IOA SALES TAX AGREEMENT. >> RIGHT. >> JAMES YOU GUYS KNOW HOW MUCH IT WOULD COST? I DON'T KNOW IF IT WORKS LINING GO DADDY BUT YOU GET A WEB ADDRESS $15 ON GO DADDY. >> IT WORKS THE SAME WAY, INCLUDING THE DOT GOV. IF YOU GET A DOT GOV YOU HAVE TO GO THROUGH A DIFFERENT PROCESS. BUT YOU DO A DOT ORG OR SOMETHING. >> JUST TO BE CLEAR MAYOR YOU'RE SAYING YOU WANT TO DO THIS TON TONIGHT, I DON'T SEE IT BEING A TERRIBLE WASTE OF MONEY WHERE WE ARE HUNDREDS OF THOUSANDS OF DOLLARS INTO DESIGN WORK. WE JUST PURCHASED LAND FOR $800,000 ON EDC SIDE. IT CAN ALWAYS BE SOLD AT PROFIT. SHOULD SOME CHANGE COME UP HAND HE TELLS US HEY WE DIDN'T KNOW THIS. BUT YOU CAN'T OUTSOURCE YOUR FIRE MARSHALL AND SERVICES THAT'S A $4,000 COST AND WE DECIDE NOT TO DO IT BUT I THINK WE ARE GETTING VERY CLOSE WHEN THE INFORMATION COMES IN ON A COST. I THINK WE ARE VERY CLOSE THEN TO A DECISION AND WE MAKE A VOTE AND I THINK IT'S IMPORTANT TO LET E SD D NODE THAT WE HAVE GOT ALL THE INFORMATION AND IT IS WHAT IT IS. >> TONIGHT FOR DIRECTION, WE ARE NOT GOING TO PURSUE DOT GOVS? >> MAKES ME NO DIFFERENCE WHAT YOU ALL DECIDE. >> WHAT WOULD I LIKE TO KNOW IS HOW MUCH IT COST. HIVE GOT TO THE WEB SITE BUT IT CREATES A DIFFERENT PROCEDURE. DIDN'T GO FAR ENOUGH TO GET THE COST. >> I DON'T KNOW EITHER. I DON'T KNOW ON DOT GOVS. [04:15:05] >> IF IT'S GO DADDY IT'S $15-25, BUT WE DON'T NAESLY WANT TO PARK REAL STATE OVER THERE, BUT IF IT'S THE SAME ODOR LESS I WOULD SUGGEST WE DO SEARCH FOR DOT GOV SITES AS WELL. >> OKAY. >> IS THAT A MOTION? SECOND TO THE MOTION THAT WAS MADE PREVIOUSLY? >> WELL, WE STARTED TALKING MAKE IT AGAIN. WHAT WE WANT TO DO ABOUT THE WEB SITE SERVICES. >> ARE WE BREAKING IT UP THEN? NOT TOGETHER AS ONE THING. >> I DON'T CARE ABOUT THAT. I JUST MADE THE MOTION. >> SECOND. >> JUST SO I UNDERSTAND WHAT YOU SAID AS YOU SAID SO MOVED. >> AUTHORIZE THE CITY MANAGER TO NOTIFY WILLIAMS COUNTY DISTRICT NUMBER 3 CITY INTENT TO PROVIDE FIRE SERVICES FOR CITY MANAGER TO SECURE WEB SITE SERVICES FOR PROVISION OF FIRE SERVICES. >> SECOND. >> OKAY. >> DOESN'T HAVE TO BE GOV. DOESN'T MATTER TO ME. IF YOU WOULD LIKE TO MAKE A FRIENDLY AMENDMENT I DON'T WANT TO STOP YOU IN THAT. >> JUST SEARCH OUT WHAT THE PRICE IS. >> TO INCLUDE DOT GOV IN THAT. I'M OKAY WITH THAT AMENDMENT, SIR. >> HE SAYS HE'S GOOD WITH THAT. >> ANY DISCUSSION? >> COUNCILMEMBER COMING. >> AYE. >> MAYOR PROCEED FEEL POEFRD. >> AYE. >> COUNCILMEMBER ZEPEDA. >> NAY. >> MAYOR SNIDER. >> AYE. >> COUNCILMEMBER MORRIS. >> A.I. >> COUNCILMEMBER THORNTON. >> AYE. >> AS LONG YOU CAN TYPE IT IN [13.2. Consideration and possible action relating to a request to the County Attorney for an Attorney General Opinion on the Use of Hotel Occupancy funds for improvements to the Brushy Creek Amphitheatre. (Legal, Jeff White)] QUICK. >> CONSIDERATION OF POSSIBLE ACTION RELATING TO REQUEST FOR COUNTY ATTORNEY FOR ATTORNEY GENERAL OPINION ON USE OF HOTEL OCCUPANCY FUNDS FOR BRUSCHI CREEK AMPHITHEATER. THAT'S YOU SIR. HE'S WALKING UP LIKE HE DOESN'T KNOW WHAT IS GOING ON. >> I WAS THE ONE THAT DRAFTED THE REQUEST. >> I WOULD PREFER. >> DID YOU DO A SLIDE? >> YEAH, I JUST DID A QUICK OVERVIEW. THIS REQUEST IS JUST TO ALLOW HUTTO FUNDS TO BE USED FOR IMPROVEMENTS AND THE SOUND STAGE REMSZ INCLUDING SOME MEAN FULL IMPROVEMENTS THAT WE NEED. >> WHEN YOU LOOK AT THE REQUEST TO THE A.G., WE LOOKED AT THE STATUTE HIGHLIGHTED THE WORD IMPROVEMENT DESIGN ARCHITECTURE, WE FIGURE IF THE A.G. ACTUALLY LOOKS AT THE STATUTE THIS WOULD BE A GOOD USE OF FUNDS BUT WE AS A CITY HAVE NO AUTHORITY TO SEND A REQUEST TO THE ATTORNEY GENERAL. WE HAVE TO EITHER ASK A COUNTY ATTORNEY OR A STATE REPRESENTATIVE. SO WE TYPICALLY ASK OUR COUNTY ATTORNEY. >> WE COULD DO IT GET SUED AND THEN GET ATTORNEY GENERAL OPINION. >>. [LAUGHTER]. >> I WOULD WANT TO CLARIFY I WOULD LOVE TO SEE THIS HAPPEN. I SEEM TO UNDERSTAND THERE ARE SO MANY RULES ABOUT HOT FUND. IF WE ARE ABLE TO USE HOT FUND FOR FACILITY APPROVAL, OUR STAFF GET TO DECIDE WHAT THOSE IMPROVEMENTS ARE. >> THEY WOULD BRING IT TO COUNCIL. >> OKAY. SO IT'S NOT LIKE WE WOULD HAVE TO. >> YEAH, IT'S NOT LIKE THEY WOULD GO WILD BECAUSE THEY GO HERE I GOT THIS A.G. OPINION I'M SPENDING $3 MILLION OF YOUR HOT FUNDS. >> I'M SAYING WE WOULD ABLE TO DECIDE AS A CITY AS A COUNCIL WHAT THOSE IMPROVEMENTS WOULD LOOK LIKE. >> YES. >> I GUESS I WANT TO MAKE SURE WE ARE NOT TRYING TO GET HOT FUNDS AND ARE GOING TO LAMP PER OURSELVES IN THAT SPACE BOUGHT WE WOULD LOVE TO USE IT. >> THIS WOULD GIVE BROAD AUTHORITY TOP SPEND HOT FUND IMPROVEMENTS TO THAT FACILITY. >> THAT WOULD BE GREAT. >> SO YOU NIGHT DIRECTION FOR US FOR THAT. >> IT'S -- ON THE A.G. >> YES. >> I'M NOT ABLE TO SPEAK FREELY UNTIL WE HAVE A DIFFERENT A.G. I'LL WAIT UNTIL NOVEMBER. >> SO JUST AUTHORIZE THE CITY ATTORNEY TO SEND THE REQUEST OVER TO THE COUNTY ATTORNEY. >> ALL RIGHT, MOTION TO APPROVE THE LETTER AS PRESENTED. >> SECOND. >> AND AUTHORIZE THE CITY ATTORNEY TO SEND THE REQUEST TO [04:20:04] THE COUNTY ATTORNEY. >> SEND THE REQUEST TO THE COUNTY ATTORNEY YES. ALL RIGHT. ANY OTHER DISCUSSION? >> SECOND. >> PORTERFIELD. >> PLEASE CALL THE VOTE. >> COUNCILMEMBER THORNTON. >> AYE. >> COUNCILMEMBER REYNOLDS. >> AYE. >> MAYOR SNIDER. >> AYE. >> COUNCILMEMBER KING. >> MORRIS. [14. EXECUTIVE SESSION] >> POEFRD. >> PATH-7-0 THAT BRINGS TO US THE EXECUTIVE SESSION. >> 9.3. >> 9.3 AND 14-1-A WE APPROVED THAT NO COUNT STUFF. >> CORRECT SO WE DON'T DO A, B, OR C BUT ONLY D. >> A,B, C. >> WE DID THE C. WE DID THE C. >> ONLY D AS IN DAVID SO WE GOT EYE THEM NINE THREE, THE TIME IS 11. 23 WE ARE GOING BACK TO EXECUTIVE SESSION TO CONDUCT POSSIBLE ACTION REQUEST BY CLIFF KENDALL REPRESENTATIVE ON BEHALF OF THE CITY OF HUTTO ECONOMIC TO REAP ZONE PARCEL FROM LI TO PUD, SPECIFICALLY ENUMERATING ALLOWABLE USE LIGHT INDUSTRIAL AND THE PROPERTY WILL BE PERMANENT TO OPERATE ON PREMISE POWER GENERATION ACCESSIBLE TO USES ON THE PROPERTY, 14-1. >> WAIT BACK UP. ON THE NINE THREE, WOULD YOU ADD TO THE END OF IT AND TO RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT CODE SECTION 551-071 SO WHEN YOU GO BACK TO EXECUTIVE SESSION YOU ALWAYS HAVE TO SAY THE ITEM AND THEN THE SECTION OF THE GOVERNMENT CODE YOU'RE GOING TO USE TO GO BACK THERE. >> RIGHT, AND RECEIVE LEGAL ADVICE PURSUANT TO TEXAS GOVERNMENT COACHED 071 AND ITEM ONE TO BE RECEIVE LEGAL ADVICE REGARDING DAMAGE BY MH UNDERGROUND WATER MAIN AND RELATED MATTERS AN LEGAL ADVICE PURSUANT THE TEXAS GOVERNMENT CORRESPONDED NUMBER, CONSULTATION WITH ATTORNEY AND DELIBERATIONS INCLUDING THE TEXAS GOVERNMENT CODE REAL PROPERTY ECONOMIC DEVELOPMENT NEGOTIATIONS RELATING TO PENDING ECONOMIC PROJECTS BEING CONSIDERED BY THE HUTTO ECONOMIC CORPORATION OR STIFF HUTTO INCLUDING NOT LIMITED TO PROJECTS SPORT PLEX, K PROJECT >> IT IS 1:08 A.M., WE ARE BACK [15. ACTION RELATIVE TO EXECUTIVE SESSION] FROM EXECUTIVE SESSION. ACTION WAS TAKEN FOR AT NEXT, W HAVE AN ACTION TO EXECUTIVE AGENDA ITEMS LESSONS ABOUT VARIOUS. >> FOR 14 OND. I TO SETTLE WITHIN THE RANGE DISCUSSED IN EXECUTIVE SESSION. >> SECOND. TO GET ANY OTHER DISCUSSION? HEARING NONE, LET'S CALL THE VOTE. TRANS- TRANSECTS TRANSECTS THE MOTION PASSES 6-0. I WAS GOING TO MAKE A MOTION, THAT IS 151. 15-POINT TO WE DON'T NEED A [9.3. Conduct a public hearing and consider possible action on Ordinance No. O-2026-050, a request by Cliff Kendall of WGI, representative, on behalf of the City of Hutto Economic Development Corporation, owner, to rezone 140-acre parcel from LI to PUD, specifically enumerating that 'Data Center' will be an allowable use within the parcel's assigned base zoning of 'Light Industrial', and that the property will be permitted to operate on-premise power generation as accessory to any/all allowable uses on the property. (Howard Koontz) (Part 2 of 2)] DELAY STILL NEED TO READ THAT? >> HAD NO. AND THEN I NEED TO RECALL ITEM 9 -3. CONDUCT A PUBLIC HEARING AND CONSIDER POSSIBLE ACTION AND REQUEST FIVE CLIFF KENDALL AT W I REPRESENTATIVE ON BEHALF OF THE CITY OF THE OWNER TO REZONE OVER 140-ACRE PARCEL. SPECIFICALLY ENUMERATING THE DATA CENTER WILL BE AN ALLOWABL USE AND THAT THE PROPERTY WILL BE PERMITTED TO PROPER ON [04:25:04] GENERATION AS ACCESSORY TO ANY IN ALL ALLOWABLE USES FOR ITS. >> I WOULD RECOMMEND MOTION TO APPROVE ORDINANCE NUMBER AS PRESENTED AND ADD ADDITIONAL PROVISIONS AS SECTION 3.7 THE FIRST PROVISION WOULD BE A GENERAL PERFORMANCE STANDARDS I THE OGC APPLY AND AS MAY BE AMENDED. THE SECOND ADDITIONAL PROVISION IS THAT THE DATACENTER MUST USE A CLOSED LOOP COOLING SYSTEM OR SIMILAR COOLING TECHNOLOGY THAT ELIMINATES THE NEED FOR THE FACILITY TO CONTINUOUSLY DRAW FRESH WATER FROM THE CITY'S PUBLIC WATER SUPPLY. TO COOL ITS EQUIPMENT IN THE LAST PROVISION WOULD BE THE PAYMENT OF LOCAL SALES TAX FOR THE CONSTRUCTION OF ON-SITE FACILITIES AND MATERIALS AND EQUIPMENT AND ELECTRICITY ON-SITE, GAS POWER GENERATION, AND THAT'S IT. >> SO MOVED. >> A MOTION AND A SECOND. ANY DISCUSSION ON THAT? HEARING NONE, LET'S CALL THE PHOTOPERIOD TRANSECTS [16. CITY COUNCIL COMMENTS] >> THE MOTION PASSES 6-0. TO GIVE GENERAL COMMENT FROM CITY COUNCIL. >> THAT WAS THE PROCLAMATION ITEM. SORRY, NO COMMENTS. AND THAT SHE WENT TO RECALL THA AND MAKE COMMENTS. >> NO. 16.2, FUTURE ITEMS. WE WILL ADJOURN AT * This transcript was compiled from uncorrected Closed Captioning.