* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] ALL RIGHT, THE TIME IS 6:00 PM SO I CALLED THE MEETING TO ORDER. UH, MAYOR RICH IS ABSENT. I'M HERE. MATT'S HERE. MIKE IS HERE. RANDY IS GONNA BE RUNNING A LITTLE BIT LATE AND CHUCK IS HERE AND MATT JONES SAID THAT HE'D BE GLAD TO DO THE INVOCATION AND PLEDGE. SO I TURNED IT OVER TO MATT. LET'S PRAY PLEASE. HEAVENLY FATHER, WE'RE GATHERED HERE TO DO THE BUSINESS AND THE WORK OF THE CITY. UH, WE JUST ASK LY THAT YOU PROVIDE US WITH YOUR GUIDANCE AND LOVE AND WISDOM AS WE DO THINGS THAT WE HOPE WILL BENEFIT PEOPLE WHO LIVE HERE IN THE TOWN OF AUBREY. UH, PLEASE LOOK OUT FOR EVERYONE'S FAMILY, FRIENDS, OR FIRST RESPONDERS, AND ALL OF THOSE WHO ARE HERE IN SERVICE IN YOUR NAME. UH, WE ASK FOR ALL THESE THINGS. IN JESUS' NAME AND AMEN. PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD AND INDIVISIBLE WITH LIBERTY AND JUSTICE. FROM HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE TEXAS ONE STATE UNDER GOD, ONE AND INDIVISIBLE. ALL RIGHT, COMMUNITY ANNOUNCEMENTS. ANYBODY HAVE ANY COMMUNITY ANNOUNCEMENTS? [Citizen Input] ALRIGHT, CITIZEN INPUT. ANY PERSON MAY ADDRESS THE CITY COUNCIL. IF YOUR COMMENTS ARE CONCERNING AN AGENDA ITEM, YOU MAY WAIT UNTIL THE DISCUSSION ON THAT ITEM. IF YOU PREFER, ONCE RECOGNIZED BY THE MAYOR, PLEASE STEP FORWARD TO THE PODIUM. STATE YOUR NAME AND ADDRESS AND SPEAK DIRECTLY INTO THE MICROPHONE SO PEOPLE IN THE ROOM CAN HEAR COMMENTS AND SEE PRESENTATIONS. SIMPSON COMMENTS ARE LIMITED TO THREE MINUTES FOR INDIVIDUAL UNLESS ADDITIONAL TIME IS ALLOWED OTHERWISE BY LAW, NO DISCUSSION OR ACTION MAY BE TAKEN AT THIS MEETING ON ANY ITEM NOT LISTED ON THE AGENDA, OTHER THAN TO MAKE STATEMENTS OF FACTUAL INFORMATION OR RECITE EXISTING POLICY IN RESPONSE TO A CITIZEN'S INQUIRY. AND WE HAVE LIEUTENANT COLONEL LARRY BROCK. YES, SIR. WELCOME SIR. THANK YOU. ALL RIGHT. FIRST OF ALL, I APOLOGIZE FOR MY DELINQUENCY IN GETTING OUT TO THIS MEETING. UM, I'VE MET A FEW OF YOU AT AT A COUPLE OF DIFFERENT EVENTS, BUT UH, MY NAME IS RETIRED LIEUTENANT COLONEL LARRY BROCK. I WAS A 29 YEAR AIR FORCE VETERAN. I FLEW THE A 10 THUNDERBOLT IN BOTH IRAQ AND AFGHANISTAN. UM, I WAS ALSO A J SIX POLITICAL PRISONER WITH FULL DISCLOSURE. RECEIVED A PARDON THEN HAD ALL CHARGES DROPPED. ALL RIGHT. NOW WHY AM I HERE? I'M HERE 'CAUSE I'M RUNNING TO BE YOUR STATE REPRESENTATIVE AND YOU CAN SAY WHY WITH YOUR BACKGROUND ARE YOU DOING THAT? THINKING YOU HAVE A POSSIBILITY OF WINNING BECAUSE I WANT TO DO WHAT'S BEST FOR THE PEOPLE AND I WANT TO CONTINUE TO SERVE. NOW I'VE MET WITH YOUR MAYOR AND SEVERAL OTHER MAYORS. AGAIN, I APOLOGIZE IN BEING DELINQUENT IN MEETING WITH ALL OF Y'ALL. BUT I DO THINK WE NEED TO WORK ON OUR INFRASTRUCTURE AND OUR TAXATION SYSTEM. THOSE ARE THE TWO PRIMARY THINGS THAT ARE ON MY LIST. UH, I CAN TELL YOU RIGHT NOW THAT I SHARE YOUR DISMAY AT 13 85, 3 77 AND THREE 80, NOT BEING PLANNED TO MOVE FORWARD UNTIL 2030 AND 2031 AND HAVE ALREADY SPOKEN WITH BOTH SENATOR PARKER AND SENATOR HAGEN BOO ABOUT THIS. I ALSO SHARE YOUR CONCERN, SIR, THAT YOU JUST GAVE ME, THAT YOU DON'T HAVE ENOUGH CONTROL OVER YOUR ETJ. THERE IS A CONSTANT FIGHT BETWEEN DEVELOPERS, CITIES AND EVERY OTHER TYPE OF INFRASTRUCTURE. I LISTENED WITH DISMAY WHEN I WAS TOLD THAT WE CANNOT STOP DEVELOPERS FROM DEVELOPING WHEN WE KNOW THERE IS NOT ENOUGH WATER TO SUPPLY OUR CITIZENS. AND WHO ARE THEY GONNA BLAME? NOT SOME MID OR PIT OR MUD OR I'M SORRY, MUD OR PI. THEY'RE COMING RIGHT TO YOU AND I KNOW THAT. SO I WOULD LIKE TO SEE DEVELOPERS WORK WITH CITIES FOR A PLAN OF INCORPORATION. YOU KNOW, THERE'S A LOT OF DEVIL IN THE DETAILS WHEN YOU START GETTING TO THERE AND I TOTALLY APPRECIATE THAT. UM, I'M GONNA LEAVE SOME BUSINESS CARDS HERE. I DON'T WANNA DISTURB YOUR MEETING AND I'M GONNA STEP THROUGH YOUR MEETING 'CAUSE I LIKE WATCHING DEMOCRACY IN ACTION. IT MAY SOUND STRANGE, BUT HAVING BEEN DEPRIVED OF FREEDOM, I VALUE ALL THE MECHANISMS OF FREEDOM THAT I GET TO SEE. SO, UH, BEAR WITH ME. UH, AS I LEARN, I CAN TELL YOU WHAT TERRIFIES ME MORE THAN ANYTHING IS BEING ELECTED, GETTING DOWN TO AUSTIN AND NOT BEING READY TO BE YOUR REPRESENTATIVE. THE OTHER THING, AND I'VE GOT ABOUT 50 SECONDS LEFT, THAT I WOULD SAY IS YOU HAVE NOT BEEN REPRESENTED BY SOMEBODY THAT WOULD TAKE YOUR CALLS. YOU'VE BEEN REPRESENTED BY SOMEBODY THAT'LL BLOCK YOU. I JUST DON'T DO THAT. THE JOB REPRESENTATIVE MEANS JUST THAT TO ME. I ANSWER YOUR CALLS, I LISTEN TO YOU, I WORK WITH YOU TO TRY AND SOLVE PROBLEMS. THAT'S WHAT I WANT TO DO. AND I HOPE YOU GIVE MY CAMPAIGN AN OPPORTUNITY. I KNOW BEGINNING IN JANUARY THERE'S GOING TO BE A BLIZZARD OF NEGATIVE PUBLICITY ABOUT ME FROM JANUARY THE SIXTH. I COMPLETELY UNDERSTAND THAT. ALRIGHT? BUT I WOULD ASK YOU TO CALL ME AND I WILL PRODUCE RECEIPTS THAT SHOW THAT I'M NOT THE GUY THAT, THAT MY [00:05:01] OPPONENT IS GONNA SPIN ME OUT TO BE. YOU'VE DEALT WITH HIM FOR A LONG TIME. YOU DON'T KNOW ME YET, BUT PLEASE CALL ME AND I TAKE THE TIME TO MEET YOU. THANK YOU VERY MUCH. GOD BLESS Y'ALL. THANK YOU, SIR. THANK YOU. [Consent Items] ALL RIGHT. CONSENT ITEMS. WOULD ANYONE LIKE TO MOVE? REMOVE AN ITEM FROM THE CONSENT AGENDA. WHEN DID YOU GET HERE, RANDY? JUST NOW, NOT THREE MINUTES AGO. OKAY. AND YOU GOT IT. OKAY. ALL RIGHT. MOVE TO APPROVE. OBJECT PLEASE. WE GOT A MOTION TO APPROVE BY CHUCK. SECOND BY MATT. ALL IN FAVOR? ANY OPPOSED? MOTION CARRIES UNANIMOUSLY. [2. Conduct the first public hearing in accordance with Texas Local Government Code Section 43.063(a) and other applicable law, to consider testimony and provide members of the public an opportunity to be heard on the proposed annexation of a ±10.58-acre tract of land known as a portion of FM 2931 from the existing Aubrey City Limits line to Blackjack Road, being legally described as being a part of the F. H. Pollard Survey, Abstract No. 995, the F. Trevino Survey, Abstract No. 1243, the J. Ryan Survey, Abstract No. 1069, and the T. Chambers Survey, Abstract No. 223, and an existing variable width right-of-way, Denton County, Texas.] UH, NEW BUSINESS, UM, CONDUCT THE FIRST PUBLIC HEARING IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 43 0 6 3 A. ANOTHER APPLICABLE LAW TO CONSIDER TESTIMONY AND PROVIDE MEMBERS OF THE PUBLIC AN OPPORTUNITY TO BE HEARD ON THE PROPOSED ANNEXATION OF APPROXIMATELY 10.58 ACRES. TRACK OF LAND KNOWN AS PORTION OF FM 29 31 FROM THE EXISTING AUBREY SEA LIMITS TO BLACKJACK ROAD BEING LEGALLY DESCRIBED AS PART OF BEING PART OF THE FH POLLARD SURVEY. ABSTRACT NUMBER 9 95 F TRAVINO SURVEY ABSTRACT 1243. THE J RYAN SURVEY, ABSTRACT NUMBER 10 69 AND THE T CHAMBER SURVEY ABSTRACT NUMBER 2 23 IN AN EXISTING VARIABLE WITH RIGHT OF WAY DENTON COUNTY, TEXAS. DID I MISS ANYTHING? PUBLIC HEARING. OH, OPEN. UH, WE'LL OPEN THE PUBLIC HEARING AT 6 0 7. GOOD EVENING COUNCIL MEMBERS, THANK YOU FOR COMING IN TONIGHT FOR A SPECIAL MEETING. THE REASON FOR THIS MEETING ARE THE NEXT TWO ITEMS. THESE ARE ANNEXATIONS OF ROADWAYS THAT REQUIRE TWO PUBLIC HEARINGS. THIS IS YOUR FIRST PUBLIC HEARING TONIGHT ON THE ANNEXATION OF A PORTION OF FM 29 31 THAT RUNS FROM FM 4 28 TO BLACKJACK ROAD. ALL RIGHT. ANYBODY WANNA SPEAK DURING THE PUBLIC HEARING? I CLOSE THE PUBLIC HEARING. IT'S 6 0 8. [3. Conduct the first public hearing in accordance with Texas Local Government Code Section 43.063(a) and other applicable law, to consider testimony and provide members of the public an opportunity to be heard on the proposed annexation of a ±5.481-acre tract of land known as a portion of FM 428 (West Sherman Drive), being legally described as being a part of the D. Cowen Survey, Abstract No. 0304 and J.M. Fisher Survey, Abstract No. 0432, and an existing 100-foot right-of-way, Denton County, Texas.] ALL RIGHT. NUMBER ITEM THREE, CONDUCT THE FIRST PUBLIC HEARING IN ACCORDANCE WITH TEXAS LOCAL GOVERNMENT CODE SECTION 43.0638. OTHER APPLICABLE LAW TO CONSIDER TESTIMONY AND PROVIDE MEMBERS OF THE PUBLIC AN OPPORTUNITY TO BE HEARD ON THE PROPOSED ANNEXATION OF APPROXIMATELY 5.481 ACRE TRACT OF LAND KNOWN AS PORTION OF FM 4 28 WEST SHERMAN DRIVE, BEING LEGALLY DESCRIBED AS PART OF THE DECAL AND SURVEY ABSTRACT NUMBER 3 0 4 AND JM FISHER SURVEY ABSTRACT NUMBER 0 4 3 2 AND AN EXISTING A HUNDRED FOOT RIGHT OF WAY, DENTON COUNTY, TEXAS. OPEN THE PUBLIC HEARING AT 6 0 8. AGAIN, COUNCIL MEMBERS, THIS IS YOUR FIRST PUBLIC HEARING FOR THE ANNEXATION OF A PORTION OF FM 4 28 WEST SHERMAN DRIVE. THIS AS WE DISCUSSED AT YOUR LAST REGULAR MEETING, IS A CLEANUP ANNEXATION, UH, A A SMALL, VERY SMALL PORTION OF SHERMAN DRIVE WAS NOT INCLUDED IN THE DEPICTION OF ITS, UH, ANNEXATION A NUMBER OF YEARS AGO. SO THIS IS A CLEANUP. THIS, UH, RES THIS ORDINANCE THAT YOU'LL HAVE AT YOUR REGULAR MEETING. UH, NEXT WEEK WILL ALSO INCLUDE A REPEAL FOR THE PREVIOUS ANNEXATION SO THAT WE, UH, CLEANLY ANNEX THE ENTIRETY OF THE ROADWAY. ALRIGHT, ANYBODY WISH TO SPEAK DURING THE PUBLIC HEARING? CLOSE THE PUBLIC HEARING AT 6 0 9. NUMBER [4. Consideration and action on an Amended and Restated First Amendment to the First Revised Development Agreement between the City and D.R. Horton – Texas Ltd and The Lakes Fresh Water Supply District of Denton County for the Silverado Development; and authorizing the Mayor or designee to execute necessary documents.] FOUR, CONSIDERATION AND ACTION ON AN AMENDED AND RESTATED FIRST AMENDMENT TO THE FIRST REVISED DEVELOPMENT AGREEMENT BETWEEN THE CITY AND DR HORTON, TEXAS LIMITED AND THE LAKES FRESHWATER DISTRICT OF DENTON COUNTY FOR THE SILVERADO DEVELOPMENT AND AUTHORIZING THE MAYOR DESIGNATED EXECUTE NECESSARY DOCUMENTS. GOOD EVENING MAYOR, PRO TEM AND COUNCIL MEMBERS. UH, THIS AMENDMENT PROVIDES FOR THE ANNEXATION OF APPROXIMATELY 27 ACRES, UM, INTO THE FRESHWATER DISTRICT. IT SETS PARAMETERS, UH, FOR ITS DEVELOPMENT CONSISTENT WITH THE APPROVED CONCEPT PLAN. IT ALSO INCLUDES PROVISIONS FOR THE ANNEXATION OF TWO ACRE, UM, PROPERTY THAT OUR FIRE STATION SITS ON AT SILVERADO. UM, IT ALSO INCLUDES, UM, DR. HORTON IN CONSIDERATION OF THE ANNEXATION AND THE SWAP OF THE LAND. UM, INCLUDES TWO EMERGENCY SIRENS, A FLOCK CAMERA AND DESIGN AND CONSTRUCTION OF FOUR LANES OF SECTION A OF FRONTIER PARKWAY. UH, THIS WAS BEFORE YOU, UM, A [00:10:01] COUPLE MONTHS BACK AND THIS IS JUST, UH, GETTING THE, THE RESTATED AGREEMENT, UH, APPROVED. AND I CAN ANSWER ANY QUESTIONS IF YOU HAVE ANY. ANYBODY HAVE ANY QUESTIONS OR CONCERN? WE HAVE A MOTION. MOTION TO APPROVE. SECOND. A MOTION BY CHUCK. SECOND BY RANDY. ALL IN FAVOR? MOTION PASSES UNANIMOUSLY. DO I HAVE A MOTION TO ADJOURN? MAYOR PROTE, COULD WE HAVE JUST A SHORT DISCUSSION ABOUT A SPECIAL MEETING? ABSOLUTELY. YES SIR. UH, WE WERE INFORMED TODAY BY LEGAL THAT WE HAVE SOME OTHER ANNEXATIONS THAT ARE COMING UP IN NOVEMBER AND DECEMBER. AGAIN, THESE ARE ROADWAYS AND WE'LL NEED TO HAVE ANOTHER SPECIAL HEARING. UH, I KNOW WE'RE APPROACHING THE HOLIDAY MONTHS. THIS IS NOT IMPERATIVE THAT THIS BE DONE RIGHT AWAY. IF YOU WANT TO SCHEDULE A SPECIAL MEETING FOR NOVEMBER, IT WOULD HAVE TO BE BETWEEN THE DATES OF NOVEMBER 10TH AND NOVEMBER 19TH. SINCE YOUR REGULAR MEETING IS ON THE 20TH, THAT ONLY GIVES YOU A SHORT WINDOW. THE WEEK OF THE 20TH IS JUST BEFORE THANKSGIVING. SO IF YOU WANT TO TRY TO DO THAT IN NOVEMBER, WE CAN. IF YOU WOULD LIKE TO PUT THIS OFF TO THE FIRST OF THE YEAR, WE WOULD BE FINE WITH WAITING UNTIL THE FIRST OF THE YEAR TO DO THESE ANNEXATIONS AS WE MOVE FORWARD. I'M GOOD. EITHER. I'M GOOD WITH EITHER. I'M GOOD WITH NOVEMBER TOO. SO IF YOU WOULD LIKE TO, WE'VE GOT THAT MEETING SCHEDULED FOR THE 20TH TOO. YES, SIR. THAT WOULD BE THE SECOND. YOU'LL HAVE TO HAVE TWO PUBLIC HEARINGS. SO THAT WILL BE THE SECOND PUBLIC HEARING ON THE 20TH. OH, YOUR FIRST PUBLIC HEARING WOULD BE BETWEEN THE 10TH AND THE 14TH. CAN WE DO THE 12TH THEN? IS THAT THAT ON WEDNESDAY? I'M GOOD FOR THAT. YEP. YEAH, WEDNESDAY THE 12TH AT 6:00 PM SPECIAL MEETING FOR THE CONSIDERATION OF, UH, ANNEXATIONS. AND I'M SURE THAT OUR ASSISTANT CITY MANAGER WILL TAKE THAT OPPORTUNITY TO DROP A COUPLE OF OTHER ITEMS ON THERE FOR YOU. OH, SHE WON'T BE HERE. THAT'S RIGHT. I'M SORRY. OH, NO ADDITIONAL ITEMS. , THAT'S ALL I HAVE THAT I'M GONNA CONFIRM I HAVE THIS CORRECT. 6:00 PM WEDNESDAY, NOVEMBER 12TH. YES, SIR. OKAY. THAT BEING SAID, I'LL ENTERTAIN A MOTION TO ADJOURN. MOVE TO ADJOURN. SECOND. MOTION BY CHUCK. SECOND BY RANDY. ALL IN PAPER? YEP. THANK Y'ALL. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.