[I) Call Meeting to Order and Roll Call]
[00:00:09]
HAVE FOUR. SO I'M GOING TO GO AHEAD AND START BECAUSE WE HAVE AN EXECUTIVE SESSION WE GOT TO GET TO FIRST. SO I WANT TO WELCOME EVERYBODY TO TODAY'S RIGHT NOW IS A SPECIAL MEETING.
TODAY IS JUNE 16TH. THE TIME IS 603. RIGHT NOW I WOULD LIKE TO CALL THE MEETING TO ORDER AND HAVE A ROLL CALL. FLORES KALE HERE. TOBIAS. GOSA HERE. MEDINA HERE. ZAPATA HERE. HARRIS.
MCKINNEY. ALL RIGHT. SEEING WE HAVE FOUR WE HAVE A QUORUM. I DO WOULD LIKE TO I WOULD LIKE TO MAKE A MOTION TO EXCUSE COUNCIL MEMBER TOBIAS FROM THIS MEETING. HE JUST HAS AN UNEXPECTED EVENT COME UP. AND SO HE MAY OR MAY NOT BE VIRTUAL. SO THAT'S A MOTION. SECOND.
OKAY. I GOT A MOTION BY MYSELF, A SECOND BY COUNCIL MEMBER. MEDINA. ALL IN FAVOR, SAY AYE.
COUNCIL MEMBER GOZA. SORRY. COUNCIL MEMBER GOZA FOR THE RECORD. ALL RIGHT, ALL IN FAVOR?
[II) Citizen Comment Period with City Council]
AYE. MOTION PASSES 4 TO 0. UP NEXT, WE HAVE CITIZENS COMMENT PERIOD. THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS. THOSE WISHING TO SPEAK ARE ENCOURAGED TO SIGN IN BEFORE THE MEETING BEGINS. SPEAKERS WILL BE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA, ITEM OR ANY OTHER MATTER CONCERNING CITY COUNCIL BUSINESS, AND WE ASK THAT YOU OBSERVE THE THREE MINUTE TIME LIMIT. ALL RIGHT. UP FIRST, WE HAVE CHASE COLEMAN. THANK YOU MAYOR. THANK YOU COUNCIL. MY NAME IS CHASE COLEMAN. I PREVIOUSLY SPOKE REGARDING THE CITY'S RECLAIMED WATER MASTER PLAN AND THE SIGNIFICANT COST OF BUILDING A PUBLICLY SUBSIDIZED, $100 MILLION PURPLE PIPE DISTRIBUTION SYSTEM FOCUSED ON IRRIGATION, SEASONAL IRRIGATION. I RESPECTFULLY RECOMMEND THE CITY EVALUATE INSTALLING TWIN 18 INCH REUSE LINES TO YARRINGTON ROAD AND I-35. YARRINGTON ROAD AND I-35 IS ONE OF KYLE'S MOST STRATEGIC DEVELOPMENT AREAS. THIS IS A LOCATION WHERE KYLE CAN ATTRACT HIGH VALUE, LOW SERVICE INDUSTRIAL DEVELOPMENT. THIS LOCATION IS AN OPEN SPACE LOCATED IN AN INDUSTRIAL CORRIDOR. ADVANCED INDUSTRIAL USERS WILL PAY FOR NON-POTABLE WATER SUPPLY USERS BENEFITING FROM EVAPORATIVE COOLING EVAPORATE 75% OF THE WATER THROUGH THE EVAPORATIVE COOLING PROCESS. ADVANCED INDUSTRIAL USERS AT YARRINGTON ROAD AND I-35 COULD OFFER TOURS FOR SUBSTANTIAL TAX VALUE AND A DIVERSIFICATION OF THE TAX BASE.THE PROPOSED APPROACH CREATES A VALUE STREAM, REDUCING NUTRIENT LOADED DISCHARGE INTO WATERWAYS AND INCREASING WATER DEPARTMENT REVENUES. I ASK COUNCIL TO DIRECT STAFF TO EVALUATE THE COST, REVENUE, POTENTIAL INFRASTRUCTURE TIMING, ENVIRONMENTAL BENEFITS AND ECONOMIC IMPACT OF SERVING YARRINGTON ROAD AND I-35 WITH TWIN 18 INCH RECLAIMED WATER TRANSMISSION LINES. I ASK COUNCIL TO CONSIDER AN APPROPRIATE CONDITIONAL USE PERMIT FOR THIS LOCATION. IF THIS SOUNDS LIKE A PLAN COUNCIL WOULD LIKE TO MOVE FORWARD WITH, I ASK COUNCIL TO INSTRUCT LOCAL, REGIONAL AND STATE ECONOMIC DEVELOPMENT TEAMS TO PROMOTE AN OPPORTUNITY IN KYLE, TEXAS FOR DEVELOPERS SEEKING ADVANCED INDUSTRIAL USES. NEEDING A LARGE TRACT OF LAND WITH NATURAL GAS TRANSMISSION LINES, A POWER SUBSTATION, CONSISTENT LARGE VOLUMES OF NON-POTABLE INDUSTRIAL WATER, LOW LATENCY, HIGH CAPACITY CARRIER, DIVERSE CONNECTIVITY FOR COMPUTE ALONG I-35 AND CENTRAL TEXAS BETWEEN AUSTIN AND SAN ANTONIO. THIS PROPOSAL. THIS PROPOSAL CAN REDUCE PRESSURES ON THE WATER RATES FOR ITS RATEPAYERS, STRENGTHEN THE TAX BASE FOR THE TAXPAYERS, AND POSITION KYLE AS A REGIONAL LEADER IN PRACTICAL WATER REUSE. THANK YOU FOR CONSIDERING THIS OPTION. ALL RIGHT. THANK YOU. NEXT I HAVE RANDY LAFONT. HI. TRYING TO GET MY HEARING AIDS TURNED UP. IT'S NOT WORKING, I APOLOGIZE. MY NAME IS RANDY ELEPHANT. I LIVE AT 798 SAMSON IN KYLE. THAT IS THE LOCATION WHERE YOU'RE PUTTING THROUGH THE SEWER LINE AND THE GOLF COURSE. THAT BIG OLD DITCH RUNNING RIGHT DOWN THROUGH THERE. WE'VE GOT SEVERAL CONCERNS. NUMBER ONE IS THAT THE CITY HAS TAKEN OVER THAT PROPERTY ABOUT NINE MONTHS AGO, AND IT'S NOT DRAINING. THAT'S A DRAINAGE DITCH THAT HAS NOT BEEN DRAINING RIGHT NOW. IT'S BECOMING A CESSPOOL WITH ALL THIS RAIN THAT WE'VE HAD AND A MOSQUITO HAVEN. AND YOU KNOW WHAT KIND OF DISEASES THOSE MOSQUITOES ARE BRINGING IN TODAY'S WORLD. SO WE NEED TO GET THIS THING CLEANED UP AND CLEANED OUT AND GET IT MOVING AGAIN. YOU'VE HAD NINE MONTHS. THEY HAVE TO START ON FINISH THIS PROJECT. THEY KEEP COMPLAINING THAT THEY CAN'T DO ANYTHING UNTIL THE CONTRACTOR GETS OUT OF THERE FOR HIS WORK.
YES AND NO. THERE'S A WHOLE LOT OF THAT DRAINAGE DITCH IS BEYOND THE CONTRACTOR'S AREA
[00:05:06]
THAT THEY COULD HAVE STARTED, SHOULD HAVE STARTED. THEY WOULD BEGIN THE PROCESS TO GET THIS UNIT TO DRAINING AND NOT HAVE OUR MOSQUITO PROBLEM. THE SECOND THING THAT'S HAPPENED IN THIS DITCH AT THE SAME TIME, THAT WAS A SHOCK TO ALL OF US, IS THAT THE. CONTRACTOR ALL OF A SUDDEN HAS PUT IN A STANDPIPE FOR FILTERING, AND I'M NOT REAL SURE WHAT IT'S FOR, TO BE HONEST WITH YOU. BUT I HAVE DONE SOME RESEARCH TODAY ON THAT. THE THE STANDPIPE SUPPOSEDLY IS TO ALLEVIATE PRESSURE IN THAT PIPE. THE ORIGINAL PIPE THAT WAS IN THERE THAT YOU'RE REPLACING NEVER HAD A STANDPIPE. THERE ARE ONLY TWO STANDPIPES INCLUDED IN THIS UNIT. BOTH OF THEM ARE ALONG THE PLUM CREEK AREA. ONE OF THEM IS 35FT FROM MY FRONT PORCH. I KNOW YOU CAN'T SEE THIS PICTURE FROM YOUR PATIO FROM YOUR SPOT, BUT THAT'S MY PATIO. LOOKING AT MY BEAUTIFUL VIEW OF THE GOLF COURSE THAT HAS NOW BEEN INTERCEPTED BY A BLACK PIPE, WHICH IS NOT VERY PRETTY OR APPEALING FOR ME. SO WHAT I'M ASKING IS A WAY THAT WE CAN TALK ABOUT MOVING THAT PIPE TO A DIFFERENT LOCATION. THE PROBLEM THAT WE'VE GOT IS THE MORE I LOOK INTO THIS STANDPIPE THAT'S IN THERE TO RELIEVE THE PRESSURE ON THE PIPING AS IT GOES THROUGH, I THOUGHT IT WAS A 16 INCH PIPE. IT'S A 24 INCH PIPE. THAT'S A BIG PIPE FOR A PRESSURE RELEASE OF THE LITTLE SIX INCH BLACK PIPE THAT THEY'VE SET HERE IS NOT GOING TO BE GOOD ENOUGH. SO NOW WE'RE GOING TO HAVE TO PUT IN SOMETHING MUCH LARGER. THE OH MAN, MY THREE MINUTES UP ALREADY. I HAVE A SET OF PAPERWORK AND I KNEW THAT WOULD HAPPEN. THAT EXPLAINS EVERYTHING THAT I'VE DISCUSSED. THE OTHER THING THAT IS HAPPENING IS A CHANGE ORDER. THAT WOULD BE NICE TO INCLUDE THE MOVEMENT OF THAT PIPE OR WHATEVER YOU'RE GOING TO HAVE TO DO TO DO THAT AND GIVE YOU SOMETHING TO READ IN BETWEEN MEETINGS. MY NAME AND NUMBER ARE ON THERE. I WOULD LOVE A CONVERSATION WITH ANYONE THAT WOULD LIKE TO TALK ABOUT IT, EITHER AT MY HOUSE OR YOUR YOUR HOUSE. THANK YOU, THANK YOU.I'LL MAKE SURE THAT JENNIFER GIVES US TO THE REST OF THE COUNCIL. ALL RIGHT. NEXT I HAVE LARRY GARLICK. GOOD EVENING, MAYOR COUNCIL, AS YOU GO TO MEET OUTSIDE COUNCIL REGARDING THE FORMER CITY MANAGER'S PENDING PAYOUT, I HAVE JUST A FEW QUESTIONS. THE RESOLUTION ASKS THAT THE CITY FIND THAT THE FULL $204,000 IS CONTRACTUALLY REQUIRED TO COMPENSATE THE FORMER CITY MANAGER AFTER HE RESIGNED. HAVING READ THE AGREEMENT, BOTH AMENDMENTS AND ARE IN THE CITY'S PERSONNEL POLICY SIDE BY SIDE. I DON'T BELIEVE THE DOCUMENTS SUPPORT THAT THE CONTRACT TREATS TERMINATION BY COUNCIL AND VOLUNTARY RESIGNATION DIFFERENTLY IN THIS PAYOUT APPLIES THE TERMINATION TERMS TO A RESIGNATION.
CONSIDER THE FORMER CITY MANAGER'S OWN WORDS FROM THE CITY'S PUBLISHED TRANSCRIPT ON MARCH 3RD OF THIS YEAR. HE SAID THE GOAL OF THE AMENDMENT WAS, AND I'M QUOTING THE SAME 12 MONTH SEVERANCE PROVISION THAT I WAS PROMISED WHEN I TOOK THIS POSITION. THAT WAS THE INTENT.
THAT WAS THE GOAL, END QUOTE. I TAKE HIM AT HIS WORD. BUT SEVERANCE IS WHAT THE CITY PAYS.
WHEN THE COUNCIL TERMINATES THE MANAGER, NOT WHEN THE MANAGER RESIGNS. THOSE ENHANCED TERMS BELONG IN THE TERMINATION PROVISION. THEY DO NOT EXIST IN THE RESIGNATION. I'M NOT ASKING COUNCIL TO AGREE WITH MY READING. I'M ASKING YOU THAT YOU DISCUSS IT WITH YOUR OUTSIDE COUNSEL. SO? SO YOUR DECISIONS REST ON THE DOCUMENTS, AND TONIGHT WILL LIKELY SET A PRECEDENT FOR FUTURE RESIGNATIONS. SOME QUESTIONS. HOW DOES CREDIT CREDITED LEAVE AT TERMINATION DIFFER FROM RESIGNATION. THAT'S SECTION IN THE CONTRACT AND THE AMENDMENT SECTIONS 17 B AND E B IS TERMINATION. E IS RESIGNATION TWO SICK LEAVE THE CITY POLICY 5.07, SUBSECTION THREE REQUIRES FIVE YEARS OF SERVICE IN THE CONTRACT. THE TERMINATION CLAUSE WAVES THAT, BUT THE RESIGNATION CLAUSE DOESN'T WAIVE THAT. NUMBER THREE, THE NOVEMBER BUYBACK THE COUNCIL APPROVED WAS COUNCIL APPROVAL REQUIRED FOR THE DIRECTIVE. THE CITY MANAGER HIMSELF SIGNED 17 DAYS BEFORE TAKING ADVANTAGE OF THE 320 HOURS OF VACATION. FOUR
[00:10:10]
WERE THE 80 HOURS OF VACATION AND 40 HOURS OF SICK LEAVE THAT WERE ADDED IN 2025. ARE THOSE DUPLICATIVE OF THE SAME HOURS ALREADY PRESENTED IN 2023? 2025 IS AN AMENDMENT TO A CONTRACT, NOT A NEW CONTRACT. NUMBER FIVE DOES A CREDIT OF ROUGHLY 1280 HOURS TO A CITY MANAGER COMPLY WITH THE TEXAS CONSTITUTION'S LIMIT ON EXTRA COMPENSATION. THANK YOU, THANK YOU. NEXT, I HAVE VIC ELLEN, PLEASE. GOOD EVENING. HAPPY TUESDAY. MAYOR AND COUNCIL. I'VE LEARNED RECENTLY THAT THERE ARE PROVISIONS IN THE CITY CHARTER THAT PROVIDE LIMITATIONS TO CITY EMPLOYEE PAYOUTS. ONE OF THOSE PROVISIONS EXPLICITLY STATES THE CIRCUMSTANCES WITH CREDIT TO LEAVE ON RESIGNATION AS OPPOSED TO TERMINATION. THE OTHER REQUIRES FIVE YEARS OF SERVICE FOR PAID SICK LEAVE UPON TERMINATION AND NOT RESIGNATION. BOTH LANGLEY AND AMY REED'S CONTRACT CONTRACTS STATE THAT WHEREAS THE CITY OF KYLE HAS ENTERED INTO AN EMPLOYMENT CONTRACT WITH THE CITY MANAGER AND CITY ATTORNEY TO PROVIDE THE PAYOUT OF SEVERANCE IN THE EVENT THAT EITHER EMPLOYEE IS TERMINATED WITHOUT CAUSE. WELL, BRIAN LANGLEY QUIT THESE BULLET POINTS. BOTH ASK. BOTH OF THESE ARE TWO DIFFERENT QUESTIONS.ONE IS, WHY HASN'T THE CITY ATTORNEY OR THE DIRECTOR OF HR FOR THE CITY BROUGHT UP THE CHARTER POLICY AND PRESENTED IT BEFORE COUNCIL TO OVERRIDE HIS CONTRACT? I HAVE A FEELING THAT SINCE AMY'S CONTRACT IS SIMILAR TO LANGLEY'S, THAT SHE MIGHT FEEL SQUEAMISH IN DISCUSSING IT WITH COUNCIL, AS WOULD INDICATE THE FLAWS IN HER CONTRACT, WHICH JUST SO HAPPENS, WHICH JUST HAPPENED TO BE IN CONFLICT WITH THE CITY CHARTER. DON'T KNOW. I OFTEN WONDER IF AMY IS REALLY SERVING THE INTERESTS OF THE CITY OF KYLE, OR JUST SERVING HER OWN INTERESTS. MY TAKE IS THAT EVEN IF THERE IS A GLIMMER OF CONFLICT, CONTRACT CONFLICTS, THAT SHE SHOULD HAVE AT LEAST POINTED OUT THAT THE CITY CHARTER HAS LIMITATIONS WHICH BIND THE CITY TO DIFFERENT GUIDELINES AND COMMITMENTS. IT IS VERY DISTURBING THAT SHE HAS NOT DONE SO AND HAS NOT BEEN FORTHCOMING. THE REAL QUESTION IS WHY? THANK YOU. ALL RIGHT.
THANK YOU. THOSE ARE ALL THE FORMS I HAVE. WOULD ANYBODY ELSE LIKE TO COME UP AND SPEAK?
[III) Executive Session]
ALL RIGHT. SEEING NONE, WE'RE GOING TO GO AHEAD AND HEAD OUT INTO EXECUTIVE. THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION TO DISCUSS AGENDA ITEM ONE. A PURSUANT TO TEXAS GOVERNMENT CODE, SECTION FIVE FIVE, WE ARE BACK FROM EXEC. THERE WAS NO ACTION TAKEN THEN AND THERE WILL BE NO ACTION TAKEN NOW. JUST TO CLARIFY, WE WILL. WHATEVER WE TALKED ABOUT IN EXECUTIVE WILL GO ON THE REGULAR AGENDA. SO WITH THAT SAID, WE'RE GOING TO ADJOURN EXECUTIVE* This transcript was compiled from uncorrected Closed Captioning.