City Council - Regular Meeting

I'm Good evening. Work workshop council meeting for the city of Copper Cove held November 18th, 2025 is called to order at 5:30 p.m. Madam Secretary, please call the role.

Mayor Yansy here. Christina Estroas here. Rita Hogan here. Sean Elzona here. John Hail here. Dell Treadway here. Vana Hart here. Jack Smith here. Everyone is present. We go to item C, announcements. None for me, Mr. Mayor. None for me, sir. Nothing, Mr. Mayor. Ryan.

Yes, sir. I just want to uh thank Councilman Ozona for an amazing uh three plus years, almost four years of service. I appreciated working with you and for you uh and accomplishing a lot in our community for the benefit of our residents. Uh, in addition to that, mayor, I I've been given a whole stack of papers to go through. So, um, November 20th, uh, from 5:30 to 6:30 at Cove Theater or on November 21st from 9:30 to 10:30 in the morning at the Copper Scope Economic Development Corporation. Uh, the Copper Scope EDC is hosting a downtown stakeholder roundtable to talk about uh, the downtown and opportunities and improvements that can occur in the downtown area. Uh, also on November 20th from 6:00 to 8:00 PM at the Coppers Cove Civic Center, uh, the Noon Exchange Club is hosting the Feast of Sharing event. It's a free event to come. It's dine in only, no carry out. And then, uh, on Friday, November 21st from 4:00 p.m. to 7:30 p.m. is Market with a Mission at Ogal Tree Gap Park. Uh this is a uh opportunity to uh provide food to our residents and uh the organization that organizations that continue to support our community. November 22nd from 9 to 11 a.m. at City Park is our fall sweep with Keep Coers Cove Beautiful. And then on December 4th uh from 6 to 8:00 PM in City Park is Christmas in the Park. It's an inaugural event uh just celebrating the community and uh providing some great options for entertainment.

Thank you. I have nothing sir. Thank you. Nothing sir. Yes sir. Um join the friends of the central Texas State Veteran Cemetery next Saturday, November 22nd at 10 a.m. for the wreath preparation. Everyone is invited to the Colleen Special Event Center located at 3 3301 Southwest WS Young Drive in Colleen. Um following the next weekend will be the wreath laying ceremony Saturday, November 29th at 10:00 a.m. And then we have the wreath retrieval which will be Saturday, January 10th to 2026. For more information, please visit wreathsforvets.org. Thank you.

No announcements. All right. We have three items tonight for public recognition. Item one, oath of office. Howard L. Hawk, City Council, Place three. FW Bill Price, Municipal Judge. He might ask me to do my boss. So, if you will please raise your right hand and follow me. I state

I how the do solemnly swear do solemnly swear that I will faithfully execute the duties that I will faithfully execute the duties of the office of of the office of of the office of Copper Cove City Council place three office of Copper Code City Council place three of the state of Texas of the state of Texas and will to the best of my ability and will to the best of my ability preserve protect and defend preserve protect and defend the Constitution and laws the Constitution and laws of the United States of the United States and of this state and of this state. So help me God.

So help me God. One more time. Come on, Harry. Get up here. Let's go. We got We got work to do. Right. Item two.

Item two, oath of office. John Hail, city council, place four. FW Bill Price, municipal judge. right hand. Repeat after. I state your name. I, John Hale, do solemnly swear do solemnly swear that I will faithfully execute the duties that I will faithfully execute the duties of Coppers Cove City Council Place 4 of Copper Cove City Council Place 4 of the state of Texas of the state of Texas and will to the best of my ability and will to the best of my ability

preserve, protect, and defend preserve, protect, and defend the Constitution and laws the Constitution and laws of the United States and of this state United States and of this state.

So help me God. So help me God. Welcome back. All right. And item three,

oath of office, Dale Treadway, city council place 5, FW Bill Price, Municipal Judge. You'll please raise your Repeat after me. I state I Dale W. do solemnly swear do solemnly swear that I will faithfully execute the duties I will faithfully execute the duties of the office of the office of Coppers Cove City Council place five copper Cove City Council place five of the state of Texas state of Texas and will to the best of my ability and will to the best of my ability

preserve protect and defend protect preserve preserve and defend the Constitution and laws Constitution and the laws of the United States of the United States and of this state and of this state. So help me God.

So help me God. Walk the plank comes later, Dale. All right, that concludes all the items for the workshop. U the time is 5:40. We stand a journ, but certainly stay around. There's some refreshments and be sure and say hi to the new council members. Congratulations everybody.

Okay, we got three minutes until the start of the meeting. Anybody got a good joke? Ray Ray got a joke.

I see I see how that one's going to go. Contract.

Good evening. Regular council meeting for the city of Coppers Cove held will held on November 18th, 2025 is called to order at 6 o'lock p.m. Please rise for the invocation by Miss Harts taken by the pledge of allegian of allegiance. If you could please bow with me in prayer. Father, we just want to thank you for this wonderful day. Continue to work in our lives, Father, and just continue to watch over our family, friends, and neighbors. our first responders. Be with them, Father, as they take care of uh the residents and our community and watch our decisions, Father God, over our decisions that we make as a city council. In Jesus name we pray. Amen.

Amen. Please join me to pledge our nation's flag. I aliance to the flag of the United States of America and to the republic for it stands one nation indivisible with liberty and justice for all and to the state flag. Honor the flaggible.

Please be seated. Madam Secretary, please call the role. Mayor Yansy here. Christina Strous here. Rita Hogan here. Howard Hawk here. John Hail here. Del Treadway here. Vana Hart here. Jack Smith here.

All right. Um, I would like to take this opportunity to personally welcome our newest member, Howard Hawk, the city council. Thank you for agreeing to serve and look forward to your your service to our city. Thank you, Mr.

All right, we will move with announcements. Mrovis, none for me, Mr. Mayor. None for me, sir. Thank you, none, Mr. Mayor. Ryan.

Yes, sir. I have several. So, uh, November 20th from 5:30 to 6:30 at the Cove Theater. And another option is November 21st from 9:30 to 10:30 a.m. at the Coppers Cove Economic Development Corporation. The Coppers Cove EDC is hosting a downtown stakeholder roundtable to talk about downtown, the business climate, uh, possible improvements that can occur in the downtown area. Also on November 20th from 6 to 8:00 p.m. at the Coppers Cove Civic Center, the Noon Exchange Club is hosting the 28th annual Feast of Sharing event. It is a free event. It is a dine in only, no carry outs event. And then uh Friday, November 21st from 4 pm to 7:30 pm is uh Market with a Mission and this will be out at Ogal Tree Gap Park. Uh this is a food supply uh event. And then on November 22nd from 9 to 11:00 a.m. at City Park is the fall sweep hosted by Keep Copper Cove Beautiful. Um, December 4th from 6:00 to 8:00 p.m. at Coppers Cove City Park is the inaugural Christmas in the Park event. Uh, a great time for uh, familyfriendly activities out at the uh, park. Uh, the pond is done. We'll have new Christmas decorations out there. Come and enjoy. And then uh, December 5th through December 7th downtown is the Chris Kindle Mart event uh, in the downtown area. Thank you. Thank you, Ryan.

I have nothing, Mr. Mayor. Thank you. Nothing, Mr. Mayor.

Yes, Mr. Mayor. I do have um wreaths for vets. The friends of the se uh let me get my friends of the Central Texas State Veterans Cemetery. We'll be h um join them this Saturday, November 22nd at 10 a.m. for the wreath prep. Everyone is invited to the Colleen Special Event Center located at 3301 uh South WS Young Drive in Colleen. Um the following Saturday will be the wreath laying ceremony Saturday, November 29th at 10:00 a.m. And following that will be the wreath retrieval which will be on Saturday, January 10th, 2026 at 10:00 a.m. And for more information, go to wreathsforvets.org. Thank you. No announcements.

All right, we move to item E, citizens forum. At this time, citizens will be allowed to speak for a length of time not to exceed five minutes per person on any item which is listed on the agenda and items not listed on the agenda. 30 minutes total has been allotted for this section. Pursuant to section 551.042 042 of the Texas Open Meetings Act. Any deliberation or decision about the subject of inquiry which is not listed on the agenda shall be limited to a proposal to place a subject on the agenda for a subsequent meeting. All right. Is there anyone to speak during citizens forum?

George McMaster 11:01 Magnolia Avenue to the honor

honorable members of city council. I believed you ignored my voice and the voice of the community during the October 21st meeting when you enacted the, yes, I'm going to say it, illegal street maintenance fund. My email sent to you shortly after that meeting was a reflection of my anger. Admittedly, I am still feeling burned by that act. Since that pivotal moment, however, I've chosen to redirect my anger into some action. I've chosen to act in an equal and uniform manner without any exemptions in my actions against this program of yours. Before you talk to the city attorney in executive session tonight in in agenda item kilo1, I shall pass on this missive to you. I've warned previously in March to be exact that any exemptions not authorized under state law are illegal. I've warned that the business rate structure is inequitable inequitable to the extent that it renders the structure to be illegal and unconstitutional for state law and court president. I've warned that as a result of its implementation, the street maintenance fund has somehow managed to legalize the senior citizen utility rate. Yes, I still remember that. All of this coupled with the knowledge that I learned yesterday that the school district would have faced a severe financial burden under the program without that sole lawful exemption condemns the entire program as one unlawful under subsection bravo of section 1502.057 057 Texas Government Code and unconstitutional per the Supreme Court rule Texas Supreme Court ruling in city of Texar Canaby Wiggins issued in 1952. If the city was to be taken to court on the sole basis of the illegal nonprofit exemption, it would lose the case the same as it would would have been sued for the illegal senior citizen utility rate. Not only would the city lose, but

the nonprofits will lose a lot more since they would be forced to suffer the severe financial harm you have illegally shielded them from. Your program will not survive a successful initiative petition if it comes to that. Your program will not survive a successful recall petition should it come to that. This program cannot survive in its current form con considering the unconstitutional financial harm that will come to all of us and your unlawful attempts to shield certain entities from said harm without extending that benefit in an equal and uniform manner. Now to clarify, I am not here to force the nonprofits to pay to something that is illegal. I am not here to force the school district to pay into something that is illegal. $5,000 a month was what I was quoted by Dr. Hawkins yesterday. 60,000 a year coupled with $244,000 with $184,000 a month a year they pay for their utility costs. $250,000 a year in total. I support this idea of a street maintenance fund only when it's done lawfully and equitably. I cannot accept by my actions what is undoubtedly an illegal and unconstitutional program and neither should you. For the love of God, please heed what I have been saying to you about your street maintenance fund. If you indeed move forward with this program's current state, then I will keep fighting and I will not stop until I see the end through. I may be just one person. However, if others take action outside of council chambers, then we will all pay for it. and your lack because of your lack of action to correct something that is just plain wrong.

You want Yes.

Fred Chavez, 1705 Joan Drive. This is a weird view. I just want you guys look taller. I'm here to speak about uh the uh action item H1 um at a time when the state legislature is actually hostile to municipalities, school districts, and counties. I think going to the well again and asking our citizens, our the taxpayers in this town to subsidize a business so they can do their job is out of the box. To me, it's it sounds and it smells like corporate welfare. People are hurting. Everyone is hurting. And to go forward with this is to give help and aid to a business, which is great if we were all flush and nothing was bad was happening to anybody. But that's not the environment we have now. Right now, we're all hurting a little bit. I beg you, please vote this down. Thank you.

Daniel Hallbecker, 606 North 17th Street. Mayor, city council, city manager. I'm here to talk about annexation CCN's. First, let me say that we're in the first year of a five-year uh water rate hike. Prior to that, I think it was three years. So you're looking at eight years of water hikes. I've been in this town a long time. I've never seen water rates that we had to raise them every year as we have the last few years and now five more years. But that being said, these water rates were to help with infrastructure, aging infrastructure. Over the years, I've seen a lot of projects put on hold to help for development. The Valley of Great Hills is a perfect example. We had to um the city installed two storage tanks over there and pump station. That's probably about $4 million that could have gone to aging infrastructure. getting to the CCNS. I do not think the city should be paying for CCNS for development, especially when they're voluntary annexing into the city. That p um these water rate hikes are for improvements, not to pay for CCN. And that's what we're going to end up being do be um doing. I would like to know how much money we've spent over the last 10 years on CCN's. I guarantee it's quite a bit of money. My other thing is they talk about, well, we're going to

bring in revenue. Yes, they do bring in revenue, but they bring in expense, too. One thing y'all forgot to talk about when the gentleman came in a few months ago was um getting water rights. Right now we sp um about three years ago we uh purchased more water but we're still under TCEQ over 86% I believe and we're getting a adjusted u reform from them because we don't use as much water as you know we're allotted to but every time you make a connection to this system you're just increasing that 86% we're going over it more and more why are we paying name for that on top of u doing the CCNS and I don't like hearing well the city doesn't cooperate with the development like I said we do a lot of infrastructure that mash B addition EDC is paying for them to run a water line across there to provide water for them at our expense and the rate the revenues we bring in are barely paying dayto-day operation generations. It is not going to cover, you know, major infrastructure. No way. You got to hire more police officers, fire department, you know, but that's what, you know, but as far as water, that's more electricity. We got when we run them pumps, that's a lot of electricity. And electricity is not cheap. And I know for a fact that other than personnel cost in the water department, electricity is the second biggest um you u um expense we have. So I would like y'all uh when y'all go to annex these u properties in outside the city limit. I I'm opposed to it if we're going to

the city is going to be responsible for the CCN's. But again, I'd like to know how much money we have spent over the years for these CCM rights. I guarantee it's quite a bit. Thank you.

Ray Payne, 604 North 17th Street. Uh, Mayor Ryan, Council, uh, thank you for having me up here today. Uh, I'm I'm trying to contain my my emotions because this is really upsetting to me that the city would consider paying for the CCN's for this builder. Uh, first off, they're an out of town builder. I know that doesn't mean a whole lot, but to me it does. Uh, second off, uh, we've got this the current tax base is going to be paying for these CCNs. The CCN's are 173 to $279 a piece for each one of those. And eventually, there's going to be a,000 homes out there. And to my math, that's $173,000 to $279,000. Even if we pay half, that's still a lot of money, especially when we're talking to the citizens about us paying for road infrastructure repairs that we haven't been able to do in years because we can't afford it. Now, we're going to increase those cars in that area by 2,000 cars if if each one of those homes has two cars a piece like like average does. Now, we're increasing the traffic on those roads, causing damage to those roads, and the revenue that we're going to get from that is going to pay for that. Outside of the fact that we're going to be paying for the CNN, CCN's, which if someone hasn't said it already is a certificate of uh convenience and necessity for utility hookup, the builder should be paying for those. The citizens who are currently here should not be paying for those. That cost should be passed on to the new homeowner who is going to be paying 150, 200,000, $250,000, $300,000 for a new house. and they can't afford to to to pass $173 to $279 on to a new homeowner who is going to be able to have a a thousand homeowner payment a month. So, thank you for listening to me. Vote no on the CCN. I'm fine with annexing. We need the revenue, but do not pay for the CCN. Thank you.

Anyone else to speak during citizens forum? Melody Squires 212 Robertstown Road. This is an issue that was brought up uh several months ago about grass being tall. I know winter's coming, so maybe the grass won't grow that much, but thinking about next year. And some of the people were talking about grass in the backyard, how we weren't too concerned about that. But the backyard brings in snakes and other critters. And I know one of the thing for animal control while we weren't doing um you know the spade and neuter stuff, you know, trap neuter release was they could have rabies. Well, that brings in some other animals. I mean, I've seen rabbits and other things in the yard that was abandoned before our neighbors with that with the tall grass. So that might be something to consider, you know, in our ordinance about backyards with the grass being really high with uh the different animals coming in there. And that's just all I have to say about that to point that out. Thank you.

Anyone else to speak during citizens forum? All right, we will close that uh item E and move to item F, consent agenda.

All matters listed under this item are considered to be routine by the city council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and considered separately. Item one, consideration and action on approval of city council workshop meeting minutes for November 4th, 2025, Lisa Wilson, city secretary. Item two, consideration and action on approval of city council regular meeting minutes for November 4th, 2025, Lisa Wilson, city secretary. Item three, consideration and action on resolution number 2025-29 accepting the quarterly investment report as presented for the quarter ending September 30th, 2025 per the investment policy. Stephanie Poppin, assistant director of finance. Item four, consideration and action on authorizing the city manager to execute a professional services agreement with Lockwood Andrews and Newman, Inc. for the North Main Street drainage improvement project. Scott Osbborne, assistant city manager, director of public works. And item five, consideration and action on authorizing the city manager to execute a memorandum of understanding with the Texas&M Forest Service for the establishment of the National Wildfire Coordinating Group Wildland Firefighter Standard. Steven Clendon, Deputy Fire Chief.

All right, council. Is there any of these consent agenda items you wish to pull and consider separately? All right. Hearing none. Is there a motion to approve? Mr. Mayor, I'll make a motion that we approve agend consent agenda F1 through five. A second. Okay. Motion made by Councilman Hawk, second by Miss Hogan. Okay. All those in favor say I. I. Any oppose? Motion carries. So we move to item G, public hearings and action.

A governmental body shall allow each member of the public who who desires to address the body regarding an item on an agenda for an open meeting of the body to address the body regarding the item at the meeting before or during the body's consideration of the item. Item one, public hearing in action on ordinance number 2025-37 to categorize a future land use plan mapped by Coppers Cove Economic Development Corporation for the Mashburn Drive expansion project consisting of four tracks being 66.242 acres to design designate tracks one and two as retail and commercial land use consisting of 13.809 809 acres and to designate tracks three and four as industrial and manufacturing land use consisting of 52.433 acres located southwest of Oak Coppers Cove Road and Mashurn Drive, Coppers Cove, Texas. Bobby Lewis, development services director.

All right, the time is 6:21. We open up the public hearing for item G1. Mayor, council, on October 21st, 2025, the city council approved the annexation of the Maspurn Drive expansion project. On October 27th, 2025, the planning and zoning commission voted unanimously to recommend approval of the city council to categorize the future land use plan map to designate tracks one and two as retail commercial land use, and to designate tracks three and four as industrial and manufacturing land use. The request by the Coppers Cove Economic Development Corporation is to categorize the future land use plan map for the Mass Drive expansion project. With that, city staff and the planning and zoning commission recommend approval ordinance number 2025-37 as requested.

All right. Thank you, Bobby. Any questions for Bobby Council? All right. Is there anyone that wishes to speak on this public hearing item G1? All right, we will close the public hearing G1 at 6:22. Council, you have action to take. Mr. Mayor, I recommend approval of ordinance number 2025-37. Second.

Motion made by Mr. Treadway, second by Mr. Hail. Discussion. All right. Hearing none. All those in favor say I. I. Any oppose? Motion carries. We move to item G2.

Public hearing and action to approve ordinance number 2025-38 to zone property by Copper Scope Economic Development Corporation for Mash for Mashurn Drive expansion project consisting of four tracks being 66.242 242 acres to zone tracks one and two is retail and commercial district consisting of 13.809 acres. Track three is heavy and industrial district consisting of 24.544 acres and track four is light industrial district consisting of 27.889 acres located southwest of Old Coppers Cove Road and Mashurn Drive Coppers Cove, Texas. Bobby Lewis, development services director.

All right, time is 6:23. We open up public hearing for item G2.

Mayor and council, on October 27th, 2025, the planning and zoning commission voted unanimously to recommend approval to city council to zone property via Coppers Cove Economic Development for the Mashurn Drive expansion project. This request by the Coppers Cove Economic Development Corporation is to zone tracks one and two retail commercial district, tracks three as heavy industrial district, and track 4 as light industrial district. With that, city staff and the planning and zoning commission recommend approval ordinance number 2025-38 as requested.

Council, you have any questions for Mr. Lewis? All right. Anything from the public? Anybody wish to speak on this U item G2? All right. The time is 6:24. We will close the public hearing. Is there action be taken on this item? Mr. Mayor. Yes. I make a motion that we approve ordinance number 2025-38 as requested. Second. Motion B by Mr. H. Second by Miss Hart. discussion. All right. Hearing none. All those in favor say I. I. Any oppose? The motion carries.

We move to item G3. Public hearing and action to approve ordinance number 2025-39 to reszone property sponsored by the city of Coppers Cove to remove the PC primary corridor overlay district for Lamp Passes County partial IDs 6739 6750 6752 8793 through 8795 8804 through 8807 8811 8949 8952 one65310655 5 1 0656 14610 14611 14614 through 14618 14620 14623 1464 153205507504 17507 1 9296 21255 2149400501989 9 and 155766 located on both sides of US Highway 190 from West Business 190 and FM 2657 to Big Divide Road, Coppers Cove, Texas. Bobby Lewis, development services director.

Easy for you to say. All right, the time is 6:26. We will open the public hearing for item G3. Mayor and Council, on October 27th, 2025, the Planning and Zoning Commission voted unanimous to recommend approval of city council to reszone property sponsored by the city of Copper Code to remove the PC overlay district located on both sides of US Highway 190 from West 190 to FM 2657 to Big Divide Road. During discussions on May 6, 2025, the city council expressed concern that the PC overlay jurist should only apply to those new potential businesses found along west and east business 190 corridor and remove the PC overlay district that is affecting new potential businesses along both sides of US Highway 90 corridor. With that, city staff and the planning and zoning commission recommend approval of ordinance number 2025-39 as requested.

All right. Thank you, Bobby. Council, I have any questions for Mr. Lewis?

Mr. Lewis, can you please explain to everyone what the PC primary corridor overlay means? So, uh, a PC overlay district is sort of a special area, um, that may have more, uh, things that, um, for businesses to go in for, like enhanced landscaping, for example, along the corridor. They may have, um, some design standards. And so the idea behind the corridor districts, both of them, was to improve the look of the city uh in the major commercial districts. Um this particular area is is is not that developed. Um it has infrastructure issues, but the the planning and zoning commission along with the zoning ordinance review committee felt this area had potential in the future. Uh and so that's why this was chosen.

Okay. Thank you.

Anyone else? Anyone in public wishing to speak on this item Scott Olden Elge Properties uh 20 1248 West Highway 190. I am in favor to res to remove and the PC overlay district for L passes county IDs. A couple simple facts is that during 20 from 2026 to 2029 that area is going to be all tore apart with the I14 expansion. So there's going to be a lot of stuff going on there. You know that's going to restrict whatever's going to be going on in that area at that time. So, I request that you may hold off on adding that corridor into that until you know you get I14 corridor. I think there's other things that you could use as far as if somebody's applying for a business that put in there, you can restrict that by by either approving what they want to do or not until that time. But I think that that quarter right there should until the highway I4 expansion is done. I think that you should remove that from the PC overlay. Thank you. Thank you.

Thank you. Anyone else to speak during this public hearing? All right. The time is 6:29. We will close public hearing item G3. Council, what's your pleasure, Mr. Mayor? Yes. I vote to approve ordinance number 202539. I second. Motion made by Miss Hogan. Second by Commissioner Hawk. Any other discussion? Hearing none. All those in favor say I. I. Any oppose? Motion carries. Thank you.

Thank you for your comments, sir. We move to item G four. Public hearing and action to approve ordinance number 2025-40 to amend chapter 17.5 subdivisions article 6 design standards for lots and blocks appendices A through G reserve adopted by reference the infrastructure design and construction manual as revised in chapter 4 building construction related activities article one in general section 4-3 city specification as recommended by the subdivision technical advisory committee Bobby Lewis development services director.

All right, the time is 6:31. We'll open up public hearing item G4.

Mayor and council, the subtac held a series of meetings starting in February 10th, 2025 to amend chapter 17.5 subdivisions incorporating changes to the infrastructure design manual and to amend chapter 4 section 4-3. A total of 10 meetings were held over a six-month period. On October 27, 2025, the Planning and Zoning Commission voted unanimous to recommend approval to city council to amend chapter 17.5 subdivisions adopt by reference the infrastructure design manual and to amend chapter 4 section 4-3 city specifications. A summary of existing changes is shown in strikeout with new language shown in underlying.

All right. Council questions for Mr. Lewis. I I want to give you our recommendation, too. I'm sorry. I want to give the recommendation. Sorry. You paused for such a long time. I did a lot of paper. Uh, city staff and the planning and zoning commission recommend approval of ordinance number 2025-40 as requested.

Okay. Council, any questions for Mr. Lewis? Right. Is there anyone to speak on this public hearing matter item G4? All right, the time is 6:32. We'll close the public hearing. Is there action to be taken on this item, Mr. Mayor? Yes. I make a motion that we approve item G4, ordinance number 2025-40. I'll second.

Motion made by Mr. Hog, second by Miss Hogan. Okay. Any other discussion? All right. Hearing none. All those in favor say I. I. Any oppose? Motion carries. We move to action items. Item H1,

consideration and action on authorizing the city manager to enter into a development and annexation agreement between the city of Coppers Cove and WBW Single Development Group LLC series 144 and W and WBW Investment Solutions LLC series 011 known as Coral County Property IDs 156593,54944 and 104649 consisting of 310.07 07 acres located along Lutheran Church Road and west of Summers Road in the city's extr territorial jurisdiction. Bobby Lewis, development services director.

Mayor and council, since city council workshop was held on August 18, 2025 and following city council direction, city staff and the developer have been working to refine the remaining final language of the development agreement. City staff has accepted all language changes to the draft development agreement and comply with all relevant exhibits within the attached agreement. This includes a development agreement summary that was submitted by the assistant city manager Osbbor. Upon final review of the compiled agreement, staff discovered there's an an error in the total acreage in exhibit B, the additional property. This issue will be resolved when the developer files the development application for the volunteer app annexation, which will be required to be included in a current meets and bounds description. City staff recommends the city council complete a final examination of the development agreement and consider authorizing city manager to execute the development and annexation agreement.

Mayor,

yes. Uh also ba based on the uh comments that we received during citizen forum uh very specifically addressing the CCN portion of this agreement uh you can see in the background number 11 state does state that uh in order for the developer to receive a 50% reimbursement for the cost of the purchase of that CCM um we would still have to prepare a chapter 380 agreement which is basically a development incentive agreement. And it would be based on the number of certificate of occupancies or the completion of a house in order for somebody to actually move in to that house uh for that co to be issued and then they would have to submit a request documenting and we' verify it before we made payment. So, um, a lot of the citizen comments that we received at the beginning of the meeting addressed CCN and wanted to make sure it was very clear to council what you directed. You directed a 50% reimbursement for the cost of that CCN, what we negotiated with the developer uh, in regards to making sure that we complied with council's directive on that. Okay. Council, is there action to be taken on this item?

Hey, Mr. Mayor, I have a statement I'd like to read first. Sure.

Okay. This take me a couple minutes, so bear with me. The city of Copper Cove should not pay for the developers water infrastructure and other service requirements, including the cost of CCN rights. if not existing taxpayers and rateayers subsidize the cost of new residential development rather than the new residential development paying for itself. This type of practice can lead to a range of negative consequences for the city of Copper Cove long-term financial health and equity burden on existing residents. When a city covers the cost of a new infrastructure, the expenses pass on to all utility customers or taxpayers through increased rates or fees. This means that existing residents are essentially paying for the infrastructure needed to support growth they didn't request. Ensuring growth pays for itself. The principles of having the developers pay upfront costs or paying impact fees are designed to make new development financially offset the demands in place on public services and its buy in for existing capacities and existing infrastructure by requiring developers to pay for the water lines and connections. The city must ensure that the costs are proportional to the impact created by the new project being developed and constructed. promoting responsible development, making development responsible for their utility impacts. Encourage them to conduct a thorough due diligence and plan projects in areas where infrastructure is feasible and cost effective rather than expecting public funds to cover expense extensions into undevelopable rural areas where the land is cheaper for developers. And I'm almost done. Preventing corporate welfare. Public subsidies for private development are a form of corporate welfare where private companies benefit from public funds while they reap the profits. In most cases, standard practice and many municipal codes

require developers to install the necessary infrastructure within development and pay associate impact or connection fees to cover external capacity needs. That's just my thoughts on Mr. Mayor. Thank you. Council, any other comments? Uh, Mr. Mayor, um, I'd like to echo what Councilman uh, Treadway said. I don't think at this time we are in position to accept a new development because that come with a cost. You're talking about water fees, waste water, solid waste, and drainage. So, right now, if we approve this item, the current customer at a fee, they're going to inherit that cost. So, at this time, I don't think we're in a good position to take on any more development.

Okay. Anyone else? All right. There's Mr. Mayor. Yes.

Yeah. I'd like to speak on this. Uh the CCN, the developer can't even buy it from Kempner Water Supply. The city of Copper Cove has to buy it. So, I'm looking at it as the developer is reimbursing us 50% of the cost of the CCN. So, I'm looking at it the other way. And if we don't have more residents and more taxpayers to help the city, uh, every one of them are going to be paying taxes, water bills, uh, sewer bills, solid waste, and every other fee that we charge. Uh, and that helps the infrastructure that is old and deteriorating downtown. the money that that bring that the new residential growth brings in and the new uh Coppers Cove residents helps support the the entire city as a whole. The uh police need raises every year. The city manager deserves a raise every year. And if we don't have that spread out over a larger area, then then the people that are here are just going to pay more every year. Trust me, we need the growth. And this is a great development that's been worked on for years between the city staff and uh WBW development. They have they have brought several great subdivisions to town and um a lot of new residents are moving here because of it. I am not one that says I'm already here. Let's lock the door and lock not let anybody else in.

Right. All right. There's a number of parameters to this particular agreement and uh because of some of the specifics of it, I think we need to adjourn into executive session to discuss with our city attorney to see uh if there's certain parts that can be left in, left out, how we need to proceed on that. So with that, the time is 6:41. We will adjourn into executive session to discuss with city attorney No, I've heard it. I got a sore my foot.

Yeah. They did that because they said they

The time is 654. We reconvene into open session for any possible action resulting from uh item posted or legally discussed in executive session. Move forward. Council Mayor. Yes.

So, just I guess just to recap what we were talking about earlier was um the CCN provisions within the agreement. Uh there's been some discussion and dialogue that uh the council uh some council members are considering that we should not be uh as a city reimbursing the developer for the cost of that CCN. Uh obviously some additional dialogue uh that the uh city uh should be providing a reimbursement to the CCN. Um and the language within the drafted agreement is at council's previous direction. Um that direction is uh sets a cap on the amount that would be reimbursed to the developer. What's that amount, Bobby?

149,000. 149,000. In what? $20 180. Okay. 180 180 1491 180. Thank you, sir. My microphone was not. Sorry. No worries. And then um and then the reimbursement is based on uh certificates of occupancy being issued for completed properties. And again, we still have to develop a 380 agreement, but it' be based on the provisions within this agreement. Um, and the amount within this development agreement sets that reimbursement at 4 $480 per CEO, right?

Which means the development does not have to be fully built out in order for the developer to receive full reimbursement by the end because there needs to be some reasonable time period in which that CCN would be recouped or the cost of that CCN would be recouped. So again, trying to set the stage for either council's continued discussion on this or uh action. Uh that's what is in the drafted agreement. Anything else you want to add on that Bobby? Okay. Thank you.

And you did say that the full amounts paid by the developer up front and then reimbured as a CEO is issued. Yes, the agreement does require that the developer uh pay for the full cost of the CCN uh transfer plus the filing cost and uh the the reimbursement uh would be for uh that purchase cost. And so the 149,000 is 149,180 is the cap

that would that's being reimbursed and that's spread over the development cost which is and and this in several phases is 1300 homes something like that should Yes. And it be over the life of the development as well. for the develop every CO then would cut a check for $480. Yes,

Mr. Mayor, I'd also like to point out that the developers have agreed to do some pocket parks in there, Bobby. Is that correct? Andre, they're going to do a traffic impact analysis that that starts all the way over at uh First Street 116. and they've agreed to take a look at the impact of the traffic and and that would be looked at at uh before the final plat approval. Correct Bob B?

Yes. And also they've dedicated a future arterial rideway through their to match up with the transportation master plan. So that's all stuff that the city staff um Bobby and the city staff have negotiated throughout the last four years of this four to five years and and you know we we put the final touches on it at a council meeting. When was that council meeting council workshop where we

council was in August in August? Yes. Anybody else have any comments? Okay. Is there action be taken on this item? Mr. Mayor, I would like to authorize the city manager to execute the development and annexation agreement between the city of Coppers Cove and WBW Single Development Group LLC series 144 and WBW Investment Solutions LLC series 011.

Second. Motion made by Mr. Smith, seconded by Mr. Hail. Any other discussion? All right, hearing none. All those in favor say I. I. Any oppose? Roll call. Christina Strous. Nay. Rita Hogan. Nay. Howard Hawk? Nay. John Hail. Hi. Dale Treadway. Nay. Vanya Hart. Nay. Jack Smith. I. 52.

52. The motion fails. All right. Thank you, Bobby. We move to item H2. I'm sorry, Mayor. Yes. Before we leave that item, is there any direction that council wants to provide on that or or is is council done with this potential development? Council, Mr. Mayor?

Yes. I don't mind this coming back and we relook at it, but I'm still going to stand firm on the water. So, let me make sure that I'm understanding what I'm hearing. The people that, and this is just my assumption at this point, the people that voted no are doing this over $149,180 over 5 to 10 years. I have other issues, too, but my biggest one's the water. Yes.

Anybody else? Uh we have to do what's best for the the city and we are setting a precedence here and we started now later on down the road in the future we have to do it again. Anybody else? Go ahead, Mayor. Is there any direction from the council? I think if Go ahead.

I would certainly like it to come back. I I would hate to lose uh 1300 new families that would have an opportunity to move to Copper Cove. I don't want to be that selfish and not share our great city with the potential of 1300 new families moving here. I can support that.

Relook at it. Relook at the the agreement in its entirety. Yes. Yes. Yes. Yes.

Thank you, council, for the direction. Um, I guess I need some more specifics as to what direction you want us to look at, what specifics in the agreement you want us to look at. You have previously provided us direction. We followed that direction. Um, and so if I've heard that there's a concern with water, clearly the the certificates of convenience and necessity provision within the agreement is of the greatest concern to the council based on the dialogue that we've had so far. So is there a percentage you want us to look at? Is there uh just uh direction that you want us to negotiate that the developer pays for all of it or that the city pays for 10% of it? uh go back to what the council has previously given us direction on which was to pay for a portion of that CCN transfer. Um I I'm just looking for some clarity. Uh Mr. Osburn, did you want to add?

I I was going to ask for that exact same direction. Uh obviously we have made it quite a long ways over the last five years in an attempt to shape a very um beneficial looking development. Obviously, there's give and take in every agreement. Uh, at the end of the day, I would prefer not to scrap that effort and but if there are specific provisions we can we as staff can hone in on with the developer that would uh satisfy u city council's desires uh a majority of city council. I would appreciate receiving that direction uh tonight and we can we can keep this moving.

Okay. Council, is is is it your directive that you want to consider the CCN specifically? Everything else was there anything else in the agreement that did not meet everybody's approval?

Mr. Mayor, I still have issues with the road study. Okay. I wish we could have that done up front before we really do anything so we can actually see what the real impact is going to be out there. But I know Scott and Bobby and the rest city staff and city manager sit down with the developer and they've worked out some of these issues. But I'm still iffy what the final product or what that report's going to say. I'm trying to look in the future for the growth, not just a subdivision, but that entire area because eventually it will blow up. My biggest concern, I just think they should pay for the CCN.

Mr. Mayor,

yes. Um, I would like to state that when I met with the developer, their plan and design for the development was beautiful, but I fully support the city at that time and still do currently to hold the developer responsible for paying what they should pay in the process, but not at a a loss of a wonderful development, a future community, more amilies, more taxpayers to this area. So, I do want to see this plan move forward. I do not want it to fall, you know, further behind than what it already is.

Uh, Mr. Mayor, yes. Uh, I would like to go back and revisit the CCN. That's my bigger concern as a new council member. I just need to get a little more educational on the CCN. So instead of losing this whole uh development, I like to go back and get more education on the CCN. Anyone else? Is that direction? No. Uh mayor,

I'm gonna say no. Uh and Council was very specific previously. You said a 50% reimbursement to the developer. So would you like us to go at a lower percentage? Let's I guess let's start there. Overall, is there a consensus by the council that we should be at a lower percentage of reimbursement? I personally just don't think the city should be paying for it. The developers should be Okay, we'll we'll do it this way. lower than 50% but higher than zero. So I think it's at zero.

I'm I'm okay with 50% but you said lower than 50%. So Oh I I think you know lower than or equal to 50%. We need more chicken eaters to move here to conference. Couldn't have said it better myself. Yeah, I just can't. I love that. Are we good? Do we understand? Right now, we're at zero. Is that the consensus is zero? If I'm if I'm understanding what everybody's saying. Yes. Yes, I'm good where we're at.

Okay. Dale's at zero. Miss Hart's at zero. I'm at zero. And Jack is at 50% because we need more chicken eaters.

Okay. So, uh, with the understanding the only change that city council is directing at this point is to reduce the reimbursement for the CCN to 0%. that will become a counter proposal that we will have to discuss with WBW to see whether or not they they would still like like to move forward. We do have representatives in the audience uh of WBW if you would like to recognize them to receive their input uh or or not. city staff can move forward and have that discussion with the developer and then bring this back at a subsequent date with the result of that that discussion.

Okay. Would representatives for WPW like to comment at this time or direct staff to I think we'll discuss. Okay. All right, we good, right? Thank you for the direction, council. Thank you. We like this. Okay. All right. Thank you, Scott. All right. We move on to item H2. Mayor, before uh Mrs. Wilson reads that, uh we've requested that we pull this item.

Oh, okay. We pull item H2. We move to item H3. Consideration and action on authorizing the city manager to execute a professional services agreement with tip strategies to develop a strategic marketing and communications plan. Ryan Havl, city manager.

Thank you, Mrs. Wilson. Uh, mayor and council, uh, you previously provided direction. Well, first, you received a presentation on a um, strategic marketing and communication plan uh, from TIP Strategies. Just as a reminder, tip strategies is the uh consultant that the economic development corporation used to develop their strategic plan, a very robust plan. And during that time, as we went through that discussion, council provided direction that uh we should work with them to develop a marketing and communication uh plan. And so we received that proposal. City council provided direction in May uh to move forward with that. It was included in the adopted budget for this fiscal year which began October 1st. Uh city uh budget includes half of the cost for this. The economic development corporation uh also budgeted half of the cost for this. So uh with council's action to approve this uh we would execute the agreement and begin the process of the strategic marketing communication plan. we would actually do a kickoff meeting in January because we're upon the holiday time period and want to make sure that all the state court holders are available for the discussions and dialogues on this. Uh so with with that being said, staff's recommendation is um approval of authorizing me to sign the attached agreement.

Okay, council. Any questions for Ryan? All right. Is there action to be taken on this item? Mr. Mayor, I make a motion that we approve item H3. Okay. Do we need to read that or just I read the item already, sir. I'm sorry. The item H3. I read it. I did read it.

Okay. But he approved it H3 instead of the actual item. Okay, we're good. Got city attorney approve. I like that. I'll second it. Mr. Hog made the motion. Miss Hogan seconded. Any other discussion? Hearing none. All those in favor say I. I. Any oppose? Motion carries. There are no reports from staff, outside entities, advisory committees, and boards. We move to item J. Items for future agendas. Nothing for me, Mr. Mayor. Nothing for me, sir. Nothing for me, Mr. Mayor. I have nothing, sir. Thank you. Nothing, sir. Nothing, sir.

Nothing. Okay. Item K, executive session.

Item one, consultation with legal counsel pursuant to chapter 551.071 of the Texas Government Code regarding street maintenance utility fees. Item two, discussion of personnel matters pursuant to chapter 551.074 of the Texas Government Code regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a of a public officer or employee. City Manager Ryan Havala. Item three, discussion of personnel matters pursuant to chapter 551.074 074 of the Texas Government Code regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee. City attorney Denton Navaro Rodriguez, Bernal Santi, and Zack PC.

All right, the time is 7:13. We adjourn into executive session. This is a The mayor was busy around the other things. Check that he's in the break room.

lesson. Well, this

The time is 7:39. We reconvene into open session for any action resulting from any item posted and legally discussed in executive session. There is no action to be taken. So at 7:39, we stand adjourned.