* 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. BLOWING ON IT. [I.  Call Meeting to Order] [00:00:02] ALL RIGHT. GOOD EVENING, EVERYONE. UH, THE TIME IS 7:06 PM. IT IS TUESDAY, OCTOBER 19TH. AND I'M GOING TO CALL THIS REGULARLY SCHEDULED CITY COUNCIL MEETING TO ORDER WOULD ALL. PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA STANDS ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL. WOULD THE CITY SECRETARY PLEASE CALL THE ROLL. MITCHELL COACH ELLISON FLORES, KALE RIZZO BRADSHAW HERE, TOBY THIS HERE. ALRIGHT, ALL MEMBERS PRESENT. WE HAVE A QUORUM NEXT [II.  Approval of Minutes] STEP APPROVAL OF THE MINUTES. UH, MAYOR LIKE TO GO IN AND APPROVE THE MINUTES FOR CITY COUNCIL, SPECIAL MEETING OCTOBER 4TH AND REGULAR MEETING. SAME DAY. OKAY. LET'S MOVE BY COUNCILOR. TOBIA SECONDED BY CUSTOMER RIZZO THAT WE APPROVE THE MINUTES FROM OCTOBER 4TH. IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SIX TO ONE NEXT UP CITIZEN COMMENTS PERIOD. [III.  Citizen Comment Period with City Council] AT THIS TIME WE ASK ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK ON ANY ITEM TO PLEASE DO. SO WE ASK THAT YOU LIMIT YOUR COMMENTS TO THREE MINUTES AND THAT YOU DIRECT THOSE COMMENTS TO THE MAYOR AND COUNCIL. UH, WE ALSO ASK THAT YOU FILL OUT A CITIZEN COMMENTS FORM AND SUBMIT THAT TO EITHER MYSELF OR THE CITY SECRETARY. I DO NOT HAVE ANYONE WHO IS REGISTERED. IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK? SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE CITIZEN COMMENTS. NEXT UP AGENDA ITEM NUMBER [3.  Consideration of the reappointment of Anne Duhon to Seat 7 of the Park and Recreation Board for a two-year term to expire September 30, 2023. ~ Mariana Espinoza, Director of Parks & Recreation] THREE, APPOINTMENTS CONSIDERATION OF THE REAPPOINTMENT OF ANDREW HAHN TO SEAT SEVEN OF THE PARKS AND RECREATION BOARD FOR TWO TERM, UH, FOR TWO YEAR TERM TO EXPIRE SEPTEMBER 30TH, 2023, MISS ESPINOSA EVENING, MAYOR AND COUNCIL MARIANNA SPINOZA PARKS AND RECREATION DIRECTOR. I AM BACK WITH OUR FINAL APPOINTMENT TO COMPLETE OUR PARK BOARD. UM, TONIGHT IS FOR THE CONSIDERATION OF THE REAPPOINTMENT OF AN DUHON TO SEAT SEVEN. MS. DOOHAN IS CURRENTLY, UH, SERVING IN HER FIRST, UH, TERM. SO THIS IS FOR A RECOMMENDATION FOR HER SECOND TERM. AND AT THIS TIME I'LL TURN IT OVER TO OUR PARK BOARD CHAIR, AMANDA STARK FOR HER RECOMMENDATION. AMANDA STARK. UM, THE CHAIRMAN ON THE PARKS AND RECREATION BOARD. UM, WE WOULD LIKE TO REAPPOINT AND HON, UM, SHE HAS BEEN AND INCREDIBLE ASSET AS THE REST OF OUR BOARD MEMBERS. SHE HAS HAD A LOT OF, UM, INPUT AND SOME GREAT IDEAS AND WE WOULD LIKE TO SEE THAT, UH, IN ANOTHER TERM. SO I WOULD LIKE TO INTRODUCE ANDREW ON HI, I'M ANDREW HON AND I AM HERE FOR A REASON. NO, IT'S FINE. IT'S STRANGE. YOU DON'T. IS THERE ANYONE? THANK YOU. AND IS THERE ANYONE HAVE ANY QUESTIONS OR COMMENTS CASPER FOR SCALE? THANK YOU. I PERSONALLY KNOW AN AND SO I'M REALLY EXCITED THAT WE'RE GOING TO GIVE YOU A SECOND OPPORTUNITY TO COME IN HERE, UM, AND, AND SHOW US WHAT YOU CAN DO. AND MY HOPE IS, AS I'VE TOLD EVERYBODY ELSE STANDING ON THAT PODIUM IS THAT I WANT YOU GUYS TO MAKE SURE THAT YOU'RE HEARD, MAKE SURE YOU SPEAK LOUD AND MAKE SURE YOU HEAR IN OUR FACE AND YOU TELL US EXACTLY WHAT WE'RE DOING WRONG. SO, UM, NO, IT'S OKAY BECAUSE WE DO STUFF WRONG. UM, BUT I'M EXCITED. I, YOU KNOW, I S I SPOKE WITH AMANDA AND SHE HAD GOOD THINGS TO SAY ABOUT YOU. AND SO, UM, I'M REALLY EXCITED TO SEE YOU SERVE ANOTHER TWO YEARS AND THANK YOU FOR THAT AS WELL. THANK YOU. AND GOOD TO SEE YOU. IT'S BEEN A WHILE. YEAH. UM, A COUPLE QUESTIONS FOR YOU. ONE, UH, WHAT LED YOU TO BE INSPIRED TO ACCEPT THE REQUEST TO SERVE A SECOND TERM? WELL, UM, PARKS AND RECREATION TO ME IS ONE THE ONE BOARD MORE THAN ANY OTHER THAT HAS AN OPPORTUNITY TO BRING THE CITY TOGETHER AS A COMMUNITY. UM, I KNOW THAT WHEN I PLAYED ADULT KICKBALL FOR SIX OR SEVEN SEASONS, I WAS ABLE TO MEET PEOPLE THAT I NEVER WOULD HAVE MET BEFORE. UM, I WAS ABLE TO, UM, YOU KNOW, BECOME FRIENDS WITH PEOPLE WHO LIVE, NOT IN MY NEIGHBORHOOD, WHO DON'T GO TO MY CHURCH, WHO DON'T, YOU KNOW, VOLUNTEER WHERE I DO. SO, UM, I THINK THAT IT'S REALLY IMPORTANT FOR US TO, UM, TO HAVE THE PROGRAMS THAT CAN CONTINUE TO DO THAT. ALSO, MY DAUGHTER PARTICIPATED IN THE CITY OF KYLE, UM, CAMP, SUMMER CAMP, AND AS A SINGLE MOTHER, THAT CAMP WAS THE MOST [00:05:01] AFFORDABLE IN THE AREA, IN ADDITION TO IT, UM, SHE ALSO GAINED A LOT OF FRIENDSHIPS THAT SHE NEVER WOULD HAVE AND, YOU KNOW, THOSE CARRY ON TODAY, SHE'S NOW IN HIGH SCHOOL AND, YOU KNOW, ALMOST EVERY DAY, THE FIRST WEEK OF SCHOOL, SHE WOULD COME TO ME AND SAY, DO YOU REMEMBER SO-AND-SO FROM CAMP? WELL, THEY'RE IN MY CLASS. YOU KNOW, SO I REALLY BELIEVE THAT IT'S A WAY FOR US TO, UM, TO CREATE COMMUNITY BECAUSE, YOU KNOW, WE ARE A CITY, BUT WHAT ARE WE WITHOUT COMMUNITY? OH, THAT'S VERY THOUGHTFUL RESPONSE. THANK YOU. I APPRECIATE THAT. UH, AND THEN MY SECOND QUESTION IS, UH, GOING INTO YOUR SECOND TERM, SO YOU'VE SERVED ONE TERM YOU'VE BEEN, UH, YOU'VE SEEN WHAT IT'S LIKE IN TWO YEARS. WHAT IS YOUR HOPE GOING INTO THE SECOND TERM THAT YOU WOULD LIKE TO SEE, COME ABOUT TO BEING A PART OF A MEMBER OF THE PARKS AND REC BOARD, UH, YOUR RELATIONSHIP WITH THE CITY AND D AND WHATEVER YOU WOULD LIKE TO SEE GOING FORWARD? UH, TELL US A LITTLE BIT ABOUT THAT. UM, I WOULD LIKE TO SEE US INVOLVE MORE OF THE LOCAL NONPROFIT ORGANIZATIONS AND PARTNERING WITH THEM LIKE WE HAVE WITH, FOR THE LOVE OF GO. I'M ALSO ON THE BOARD OF, FOR THE LOVE OF GO. AND WE ARE PARTNERING WITH THE CITY FOR THE POLAR BEAR SPLASH, AND WE'RE DOING THE RESOLUTION RUN THAT MORNING. UM, I THINK THAT THERE ARE SO MANY GREAT ORGANIZATIONS LIKE THE GIRL SCOUTS, THE BOY SCOUTS, AND, UM, OTHER ORGANIZATIONS THAT WE CAN PARTNER WITH AND WE CAN, UM, EXPAND OUR PROGRAMS WITH THESE, THESE OTHER ORGANIZATIONS, ANOTHER REALLY THOUGHTFUL RESPONSE. I APPRECIATE THAT. AND I, I APOLOGIZE A LOT OF SAID ONLY HAD TWO, BUT HERE'S THE THIRD ONE. WHAT WOULD YOU LIKE TO SEE, UH, UH, GOING FORWARD AS FAR AS COMMUNICATION WITH COUNSEL, WOULD YOU, UH, YOU'VE HAD TWO YEARS, WOULD YOU LIKE TO SEE MORE OR LESS NOT HEAR FROM US HAVE MORE COMMUNICATION? W W WHAT IS YOUR PERSONAL, WELL, I ALWAYS THINK IT'S GREAT TO HAVE COMMUNICATION. I WOULD DEFINITELY LOVE TO SEE MORE. UM, YOU KNOW, I'D LOVE TO HAVE THE COUNCIL MEMBER, UH, YOU KNOW, ONE OF OUR BOARD MEETINGS EVERY NOW AND THEN. UM, I THINK THAT IT'S REALLY IMPORTANT FOR US TO HAVE FACE-TO-FACE COMMUNICATION NOW THAT WE CAN DO THAT. UM, AND SO THAT'S, THAT'S ONE OF THE THINGS I LOOK FORWARD TO. FANTASTIC. THANK YOU. UM, MAYOR, IF I COULD MAKE A MOTION TO APPROVE, UH, MS. DUHON SECOND MOVED BY COUNCILOR ELLISON SECOND BY COUNCIL MEMBER. TOBY IS, IS THERE ANY DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. THANK YOU, MAN. APPRECIATE IT. THANK YOU. MA'AM ALL RIGHT. NEXT [V.  City Manager's Report] STEP CITY MANAGER'S REPORT. MR. SELLERS, GOOD EVENING. MAYOR AND COUNCIL SCOTT SELLERS FOR THE RECORD THIS EVENING, WE WILL START OUR CITY MANAGER REPORT WITH MARIANNA ESPINOSA, MARIANNA ESPINOSA PARKS AND RECREATION DIRECTOR. THIS SATURDAY, WE HAVE OUR ANNUAL CENTER STREET TRICK OR TREAT IT IS FROM NINE TO 12 O'CLOCK. UM, AND WITH THE PARK MARY CAL HARTSON PARKS, THERE'LL BE UNDER CONSTRUCTION. THE CELEBRATION WILL BE ON BURLESON STREET. THEY HAVE ABOUT, UH, OVER 40 VENDORS THAT WILL BE OUT THERE GIVING OUT CANDY. UH, TYRONE WAS A PUMPKIN'S BEING GIVEN AWAY. SO WE INVITE THE PUBLIC. IT IS FREE AND OPEN TO THE PUBLIC. AND THEN AT NINE 30, OUR COMMUNICATIONS DEPARTMENT WILL DO A SPECIAL PRESENTATION, WHICH HAS A SNEAK PEEK TO THE MARY KYLE HEARTS AND PARK. AND, UH, THERE'LL BE SPEECHES ABOUT WHAT THE PARK WILL HAVE ONCE IT'S OPEN TO THE PUBLIC AGAIN. SO THAT'S THIS SATURDAY AT NINE O'CLOCK, I THINK I'M THE NEXT ONE. AND THEN IN FOUR SATURDAYS, ONLY FOUR SATURDAYS AWAY, WE HAVE OUR FIRST VETERAN'S DAY PARADE AND EVENT CELEBRATION THAT WILL TAKE PLACE AT 12 O'CLOCK ON SATURDAY, NOVEMBER 13TH, UM, DOWNTOWN CENTER STREET, AND WE'LL CONCLUDE A GREG CLARK PARK WITH POST PARADE ACTIVITIES AND THEN A FLY OVER AND FIREWORKS AT 6:00 PM THAT SATURDAY ON NOVEMBER 13TH. AND THAT IS ALSO FREE AND OPEN TO THE PUBLIC. AND, UH, YES, COUNCIL MEMBER OF FLORIDA'S KALE. I KNEW YOU WERE ABOUT READY TO ASK. SORRY. OKAY. I HAVE ONE QUESTION. AND THAT IS WHO DECIDED TO HAVE THE TRICK OR TREAT AT THE, THE LITTLE PARKING LOT BY THE, UM, BURLESON STREET? YES. SO ANNUALLY THE, UM, THE TRICK OR TREAT STREET OR TREAT IS DOWNTOWN. AND SINCE THE PARK IS UNDER CONSTRUCTION THIS YEAR, THE DECISION WAS MADE BY STAFF TO HAVE IT ON BURLESON STREET. IS GREG CLARK PARK. IS THAT IN A CONSTRUCTION? NO. OKAY. NONE OF THE OTHER PARKS THAT ARE UNDER CONSTRUCTION. OKAY. BECAUSE THERE WAS GREG CLARK PARKED EVER DISCUSSED ABOUT HAVING IT OVER. IT WAS NOT, BUT ONLY BECAUSE WE WANTED TO USE THIS OPPORTUNITY TO GIVE A SNEAK PEEK TO THE RE CONSTRUCTED MARY CAL HARTSON PARK, SINCE THAT WILL BE OPENING TO THE PUBLIC ON DECEMBER 1ST. OKAY. THANK YOU. I'M GOING TO BE THERE EITHER WAY. [00:10:01] SO I JUST WANT, I JUST WANT TO SAY IT SO THAT WE CAN DO A SNEAK PEEK TO THE AWESOME WORK THAT'S BEING DONE AT THE PARK. OKAY. THANK YOU. I, I DO WANT TO ADD THAT THE DOWNTOWN REAL READ RETAILERS ALWAYS LIKE TO BE PART OF THE EVENT. SO, YOU KNOW, THEY'LL, THEY'LL STILL BE PARTICIPATING DOWNTOWN. UH, YOU ALSO WANT TO EXTEND AN INVITATION FOR THE PRE THANK YOU. THANK YOU. UM, SO I DO HAVE A, UH, TWO LOTS FOR CITY COUNCIL. SO IF ANYBODY WOULD LIKE TO JOIN ME ON SATURDAY NINE TO 12, I'LL BE PASSING OUT CANDY TO THE KIDDOS. UM, AND HOPEFULLY PEOPLE WILL JOIN ME. OKAY. THANK YOU. GREAT. ALL RIGHT. THE NEXT ITEM ON THE CITY MANAGER REPORT IS THE RESCHEDULED CITY COUNCIL MEETING. SO OUR NEXT MEETING TYPICALLY FALLS ON NOVEMBER 2ND, SINCE THAT IS ELECTION NIGHT, WE ARE RESCHEDULING THAT TO NOVEMBER 1ST, UH, MISS HOME CITY CENTER, JENNIFER HOLMES, CITY SECRETARY. SO EARLY VOTING HAS BEGUN AS OF YESTERDAY. UM, AND WE'LL CONCLUDE ON FRIDAY, OCTOBER 29TH ELECTION DAY, OF COURSE IS TUESDAY, NOVEMBER 2ND. UH, CITY OF COLOR VOTERS CAN VOTE AT ANY OF THE HAYES COUNTY LOCATIONS. THE ONES IN KYLE INCLUDE HAYES ADMIN BUILDING ON 9 35 FRONTAGE, UH, LIVE OAK ACADEMY, JUST SOUTH OF HAYES HIGH SCHOOL ON FM 27, 70 HAYES CISD CLOSED CLOSET AT SIMON MIDDLE SCHOOL AND EAST F-150. UM, FOR ALL OF THE LOCATIONS GO TO CITY OF KYLE.COM/ELECTION. YOU'LL FIND THE DATES IN THOSE SPECIFIC TIMES FOR EACH EARLY VOTING DATE THERE. OKAY. UH, MS. SANDRA DURAN, DIRECTOR OF HUMAN RESOURCES, GOOD EVENING, MAYOR AND COUNCIL, SINCE OUR LAST COUNCIL MEETING AND WE HIRED, UH, SEVERAL EMPLOYEES AND YOU CAN SEE A PUBLIC WORKS. WE HAVE ALBERT MENDOSA STREET, CONSTRUCTION TECH TWO AND CHRISTIAN HOLLYWOOD. WHAT AN AWESOME NAME TO HAVE A WASTEWATER PLANT OPERATOR FOR THE POLICE DEPARTMENT. WE HAVE THREE CADETS, JACOB BOSS, MARK HAMILTON, AND COLE BATES. AND WE ALSO HAVE THE HONOR TO PROMOTE TO PEOPLE INTERNALLY. WE HAVE OFFICER, UH, PRESTON PROMOTED TO SERGEANT. SO CONGRATULATIONS TO HIM AND HANNAH BEAT BICKFORD. SHE PROMOTED TO OUR VICTIMS ADVOCATE ONE. SO WE'RE EXCITED TO SEE THAT BENITO PANETTA. HE IS NOW OUR PRO UH, PARKS AND TRAILS MAINTENANCE SUPERVISOR. SO CONGRATULATIONS TO OFF. THANK YOU. RIGHT. AND FINALLY, WE HAVE CHIEF JEFF BURNETT, ACTUALLY THE MEASURE AMERICA COUNCIL, JEFF BARNETT, CHIEF OF POLICE. RECENTLY, THE DEPARTMENT HELD AN ANNUAL MEETING WHERE WE DISCUSS UPCOMING EVENTS, THINGS THAT HAVE BEEN ALLOTTED IN THE MOST RECENT BUDGET STAFFING AND FUTURE PLANNING FOR THE POLICE DEPARTMENT. AND WE ALSO TAKE THAT TIME EACH YEAR TO RECOGNIZE THE GOOD EFFORTS OF OUR STAFF MEMBERS. SO WE HANDED OUT SOME AWARDS AND GAVE OUT SOME RECOGNITION DURING THAT DEPARTMENT MEETING WITH ALL STAFF PRESENT. AND I WANTED TO MAKE YOU AWARE OF SOME OF THE GOOD EFFORTS THAT THE MEMBERS OF OUR COUNTY POLICE DEPARTMENT HAVE DONE OVER THE LAST YEAR. AND THEN WE HAD ONE THAT, THAT CAME IN FROM A PREVIOUS YEAR. WE HAD THE LIFE SAVING AWARD THAT WAS ISSUED TO OFFICER DAMIAN WHO WHILE ON PATROL FOUND A VEHICLE, STOPPED AT AN INTERSECTION. UH, HE MADE CONTACT WITH THE DRIVER, FOUND THAT PERSON TO BE UNCONSCIOUS. HE BROKE OUT THE WINDOW OF THAT VEHICLE REALIZED THEY HAD NO PULSE. THEY WERE NOT BREATHING, PERFORM CPR ON THAT INDIVIDUAL RIGHT THERE ON THE ED, THE MIDDLE OF THE INTERSECTION ON THE STREET. AND THEY WERE GAINED. HE, ALONG WITH EMS THAT ARRIVED IN FIREFIGHTERS, THEY WERE GAINED A PULSE AND THE PERSON STARTED BREATHING AGAIN AND SAVED THAT INDIVIDUAL'S LIFE. AND HE RECEIVED THE LIFE SAVING AWARD. UH, OFFICER OWENS ALSO RECEIVED THE LIFE SAVING AWARD. UH, OUR DEPARTMENT SEVERAL YEARS AGO, UNDERWENT TRAINING AND THEN WERE ISSUED, UH, TOURNIQUETS. MANY OF THEM CARRY THEM ON THEIR BELT, OR THEY CARRY THEM WITH THEIR DUTY GEAR. THESE ARE TOURNIQUETS THAT CAN STOP AN ARTERIAL BLEED. UH, OFFICER OWENS, UH, WENT TO A CALL THAT WAS DISPATCHED AS A MEDICAL CALL. HE ARRIVED BEFORE EMS. THERE WAS AN INDIVIDUAL THERE BLEEDING FROM A PORT THAT HAD BEEN INSERTED MEDICALLY, AND IT WAS HAD A LARGE MEDICAL BLEED. HE IMMEDIATELY APPLIED THE TOURNIQUET AND EVERYONE INVOLVED IN THE CALL, THE MEDICS AND EVERYONE, PEOPLE AT THE HOSPITAL SAID THAT ABSOLUTELY IT WAS WHAT SAVED THAT INDIVIDUAL'S LIFE BECAUSE OF THE VOLUME OF BLOOD LOSS THAT YOU CAN GET FROM A PORT OFFICER OWENS GOT THE LIFE SAVING AWARD AS WELL. CERTIFICATE OF MERIT ALSO WENT TO OFFICER OWENS FOR HIS INVESTIGATIVE WORK FOR PROTECTING A VICTIM OF STALKING. THERE WAS A YOUNG LADY HERE IN TOWN THAT HAD HAD A STALKER THAT WOULD NOT, UM, UH, STOP HIS ILLEGAL ACTIVITY. AND HE WENT ABOVE AND BEYOND FOR HIS DUTIES. THEY OBTAINED SEVERAL WARRANTS AND WERE ABLE TO GET THAT INDIVIDUAL ARRESTED AND REMOVED FROM THE STREETS AND OBVIOUSLY TO STOP STALKING THAT INDIVIDUAL. AND THEY WERE, THEY GOT SOME PROTECTIVE ORDERS IN PLACE TO, TO HELP PROTECT HER. HE WAS RECOGNIZED WITH A CERTIFICATE OF MERIT. A CERTIFICATE OF MERIT WAS ALSO ISSUED TO SERGEANT SERGEANT AKERS, OFFICER GUZMAN, OFFICER FLORES, OFFICER FLEMING, OFFICER KARNS, OFFICER SPENCER, OFFICER BANE, [00:15:01] AND THEN OUR TWO EVIDENCE TECHNICIANS, MS. JENNA HICKS AND SAMANTHA LUCAS. THIS WAS A INVESTIGATION OF A STOLEN VEHICLE. AND OFFICERS FOUND THAT IN A LOCAL MOTEL PARKING LOT, UH, THEY REALIZED THAT THERE WAS PROBABLY A LOT MORE TO IT THAN JUST A STOLEN VEHICLE. AND INSIDE THAT VEHICLE, THEY HAD, UM, HUNDREDS AND HUNDREDS OF, OF, UM, PIECES OF STOLEN IDENTITY. THIS IS WHERE PEOPLE DO MAIL THEFT AND THEY'LL STEAL YOUR DRIVER'S LICENSE. IT'S IN THE MAIL, YOUR CREDIT CARD INFORMATION, YOUR CREDIT CARD, YOU NAME IT, YOUR CREDIT CARD BILL. AND THEN THEY IN TURN, UM, USE THAT TO COMMIT FRAUD. THEY WERE ABLE TO CHARGE SOME INDIVIDUALS WITH 138 CHARGES OF FRAUD IN THAT INVESTIGATION. AND IT KIND OF TOOK A LOT OF TEAMWORK BECAUSE THERE'S A LOT OF WORK INVOLVED IN CONTACTING THE RIGHTFUL OWNERS OF THE PROPERTY, MUCH OF WHICH WAS, UH, ALONG THE BORDER. IT WAS NOT ALL PARTICULARLY COLLAR RESIDENTS. IT WAS PEOPLE FROM OTHER PARTS OF THE STATE AND THEY RECEIVED A CERTIFICATE OF MERIT. ANOTHER CERTIFICATE OF MERIT WENT TO SERGEANT SCHULER, OFFICER DEVICE, CLEARY CARDONA, AND PLANT AND LEATHERS THERE'S WAS THEY BEGAN INVESTIGATING A REPORT OF A STOLEN VEHICLE WHILE INVESTIGATING THAT, UH, THAT THEFT OF THE VEHICLE. THEY DID A CANVAS OF THE NEIGHBORHOOD. THIS WAS EARLY IN, IN THE EARLY MORNING HOURS. THEY DISCOVERED THAT A RASH OF CAR BURGLARIES HAD HAPPENED THAT NIGHT. MOST LIKELY THAT THIS STOLEN CAR WAS INVOLVED. THEY PUT OUT INFORMATION TO NEARBY AGENCIES. THEY USE SOME TRACKING INFORMATION FROM OUR OWN STAR. THEY WERE ABLE TO GET APD ALERTED TO THAT VEHICLES, LOCATION, WHERE THEY ARRESTED FOUR INDIVIDUALS, UH, IN THE STOLEN CAR. AND INSIDE THAT STOLEN CAR, THEY WERE ABLE TO RECOVER, RECOVER A LOT OF STOLEN PROPERTY AND FAR THAT THEY RECEIVED A CERTIFICATE OF MERIT FOR DOING THEIR GOOD WORK AND FINDING VIDEO FROM NEARBY NEIGHBORS AND GETTING THAT, GETTING THOSE SUSPECTS APPREHENDED VERY QUICKLY AND THE LAST TO RELATE TO THE WINTER STORM, UH, I'LL JUST SUMMARIZE QUICKLY CAUSE THEY, THEY HAVE A VERY LENGTHY ROCKET FOR BOTH. UH, WE HAD, AND IF YOU, IF YOU DON'T MIND, I'D LIKE TO READ OUT ALL THE NAMES. I THINK THEY DESERVE THE RECOGNITION. THEY, THESE ALL RECEIVE THE CERTIFICATE OF MERIT. IT WAS LIEUTENANT GRIFFITH, SERGEANT SCHUELLER OFFICERS BASEL, DOER LEATHERS, MITCHELL CLEARY, NOR VICE SERGEANT ACRES OFFICERS GUZMAN FLORES, BAIN DICKINS FLEMING CARNES, SERGEANT LAURIA, OFFICER RAINWATER, SPENCER BROOKS, FORT, UH, SERGEANT JONES, OFFICER BRYANT, OFFICERS BRYANT, MICHELSON SEAGRAVE LOVELESS, UH, CALL SERGEANT VERONA OFFICERS GARCIA, WALTER CLARK PRESTON. THEY WILL SOSA AND SERGEANT GOODING AND CAPTAIN HERNANDEZ. UM, I KNOW THAT'S A LOT OF NAMES. WE HAD ANOTHER GROUP, UH, THAT GROUP WHERE THE OFFICERS THAT WERE OUT IN THE STREET, I COULD READ THE FOUR PARAGRAPHS OF ALL THE GREAT STUFF THEY DID, BUT THEY DID THINGS THAT ARE ABOVE AND BEYOND. NOT ONLY DID THEY GO DO THEIR POLICE DUTIES, UH, DURING SOME DANGEROUS TIMES AND TREACHEROUS WEATHER, UM, THEY ALSO FOUND MANY BUSINESSES THAT HAD SUFFERED DAMAGE AND THEY MADE SURE THEY CONTACTED THOSE BUSINESS OWNERS TO LET THEM KNOW THEY HAD, UH, BURST PIPES AND WATER FLOWING INSIDE THEIR BUSINESSES AND THINGS THAT MIGHT NOT HAVE BEEN FOUND FOR SEVERAL DAYS, HAD THE OFFICERS NOT WENT ABOVE AND BEYOND TO GO TO LOCATIONS WHERE THEY THOUGHT THEY MIGHT HAVE SOME PROBLEMS. IN ADDITION TO THAT, THEY ALSO WENT HOME AND GOT SHOVELS, OR THEY GOT SHOVELS FROM DIFFERENT DEPARTMENTS AND THEY WENT OUT AND THEY ACTUALLY WERE DIGGING OUT CARS FROM THE DITCHES WITH SHOVELS SO THAT PEOPLE COULD GET OFF THE INTERSTATE. AS YOU RECALL, THAT SNOWSTORM HAPPENED IN OVERNIGHT, GOT VERY TREACHEROUS. UH, MANY OF THEM STAYED IN LOCAL HOTELS, UM, WORKING LONG HOURS, WORKING ABOVE AND BEYOND. AND THOSE OFFICERS THAT WERE OUT IN THE FIELD WERE RECOGNIZED FOR ALL OF THEIR HARD WORK. WE ALSO HAD A NUMBER OF STAFF MEMBERS THAT WORKED IN OUR DISPATCH CENTER. THEY WERE, UH, THEY HAD TO VACATE THAT DISPATCH CENTER, UH, MULTIPLE TIMES DUE TO SOME FAILURES OF THE BUILDING, UM, IN SAN MARCUS. AND THEY DID SO, AND WE NEVER HAD INTERRUPTED NINE 11 SERVICE AND NON-EMERGENCY PHONE SERVICE, WHICH IS HEROIC ON THEIR PART BECAUSE IT HAPPENED SEVERAL TIMES WHERE THEY HAD TO DO AN EMERGENCY EVACUATION AND CARRY 9 1 1 TRANSFERS WITH THEM AND DO ALL OF THE HARD WORK THAT THESE WERE TCOS TELECOMMUNICATION OFFICERS, ARMIJO, DOMINGO, HARTLEY, COUGH LEE AND PAMPLONA TCOS WEST WOOD MACHADO, UH, WHO IS A SUPERVISOR, UH, ALSO COMMUNICATIONS SUPERVISOR, ASHLEY FERRIS AND EMERGENCY HUMAN CONDITION, COMMUNICATIONS MANAGER, CHRISSY MILLIKEN. AND I SAID, UH, LEAD APRIL MACHADO. SO THOSE FOLKS, THEY ALL WENT ABOVE AND BEYOND. THEY DID THEIR OFFICE OR THEY DID THEIR WORK THEY'RE IN THE COMMUNICATION CENTER AND EVERYWHERE ELSE, THEY WERE SHIPPED INTO TEMPORARY BUILDINGS. AND EACH OF THOSE WENT ABOVE AND BEYOND FOR THE CITIZENS AND FOR OUR CITY AND FOR OUR DEPARTMENT, THEY EACH RECEIVED A CERTIFICATE OF MERIT. AND I KNOW THAT WAS LONG. SO THANK YOU FOR GIVING ME THAT TIME. YEAH. THANK YOU, CHIEF. THANK YOU. UM, MAY I ASK IF YOU SKIPPED YOUR OWN NAME AT THE END? I SEE YOUR NAME SAYS CHIEF BARNETT RIGHT AFTER HERNANDEZ, BUT I DIDN'T HEAR YOU SAY IT. YES MA'AM. I DID. OKAY. I WANT YOU TO KNOW THAT YOUR OFFICERS ARE A REFLECTION OF WHO YOU ARE AND THE REASON WHY WE HAVE A REALLY GREAT DEPARTMENT IS BECAUSE WE HAVE A REALLY GREAT LEADER. UM, AND YOU KEEP IN YOUR NAME OFF. I NOTICED, CAUSE I WAS LIKE, OKAY, IS HE GOING TO SAY IT? I SEE THAT YOU'RE HUMBLE. EVERYBODY KNOWS THAT YOU'RE A HUMBLE PERSON, BUT YOU HAVE TO UNDERSTAND THAT AS A LEADER, UM, [00:20:01] THESE OFFICERS LOOK UP TO YOU AND YOU DO AN EXCELLENT JOB, SO KUDOS TO YOU AS WELL. UM, AND I LOVE YOUR DEPARTMENT. I LOVE ALL MY EMPLOYEES HERE AT THE CITY. UM, YOU KNOW, I LOVE THE POLICE OFFICERS AND I, WE APPRECIATE EVERYTHING THEY DO FOR US. SO, UM, GIVE THEM A BIG FAT. THANK YOU. AND THANK YOU TO YOURSELF. THANK YOU VERY MUCH. I APPRECIATE IT. THANKS CHIEF. ALL RIGHT. NEXT UP PRESENTATION, [5.  CIP/Road Projects and Consent Agenda Presentation. ~ Travis Mitchell, Mayor] CIP ROAD PROJECTS AND CONSENT AGENDA. OKAY. GOOD EVENING. MAYOR COUNCIL, LEON BARBARA CITY ENGINEER. WE'LL START OFF WITH THE, UH, HERO'S MEMORIAL PARK. UH, WE'RE ABOUT 70 COMPLETE A LOT OF THESE NUMBERS. YOU'RE GOING TO BE SEEING TONIGHT OR PRETTY CONSTANT WITH WHAT WE SHOWED LAST TIME, BUT THE COUNCIL OF THE WEATHER'S REALLY EFFECTED THESE PROJECTS. AS YOU CAN TELL BY THE PICTURE. IT'S, UH, THERE'S A LOT OF WATER UP THERE RIGHT NOW. THEY HAVE A REALLY GOOD CLAY LINER THERE AND THAT'S WHY THE WORD CONTINUES TO STAY THERE. SO, UH, THEY'RE, THEY'RE JUST TRYING TO KEEP WORKING WHILE THEY CAN, ON THE PROJECT OUT OF THE PARK IS NOT TOO BAD. UH, THEY'RE STILL ABOUT 10% COMPLETE AND THEY'RE STILL WORKING ON THEIR GRADING AND UTILITIES, VERY CAL HARTSON PARK PROJECT. UH, THEY'RE ABOUT 34% COMPLETE. UH, THEY'RE STILL DOING SOME UNDERGROUND TRENCHING. THEY'RE ABOUT 90% COMPLETE ON THE TRENCHING. UH, THEY'RE STILL POURING CONCRETE ON THE NORTHERN PORTION OF THEIR PROJECT AND ON THE CENTRAL PORTION, UH, IT LOOKS LIKE THEY'RE WRAPPING UP THE, UH, WAGON WHEEL THAT'S IN THE AREA. UH, THE, UH, LANDSCAPING, THE NORTH SECTION IS SCHEDULED FOR NEXT WEEK. SO WHAT WE HEARD AND THEY'RE WORKING ON THE ANCHOR POLES, SO THAT, UH, FOR THE CHRISTMAS TREE THAT'S SUPPOSED TO BE SCHEDULED FOR THIS WEEK, CONSIDER AGENDA ITEM NUMBER EIGHT, UM, FOR THE WINDY HILL STREET PROJECT, I PROMISE YOU COUNSEL, THIS IS THE LAST CHANGE ORDER FOR THIS PROJECT. THIS IS NUMBER SEVEN. UH, IT'S ABOUT A LITTLE OVER $6,000. THAT'S FOR SOME, UH, BOXES THAT WE WANTED TO PLACE IN THERE FOR FUTURE TRAFFIC LIGHTS OR TRAFFIC SIGNALS. SO, AND ALSO WE HAD IT A LITTLE BIT OF A DRAINAGE ISSUE THAT WE WANTED TO ADDRESS OVER THERE AND WRAP THE PROJECT UP. UM, WE'RE ABOUT 99% COMPLETE. UH, THE, UH, THEY'RE STILL WORKING ON SOME OF THE PREVIOUS CHANGE ORDERS. UH, THE MATTING THAT WE NEEDED TO PUT FOR THE EROSION IS STILL BEING WORKED ON BECAUSE IT WAS TOO WET. THEY COULDN'T PLACE IT. AND WE'RE STILL TRYING TO ADDRESS THE FINAL MARK THROUGH PROBLEMS ON THE PROJECT. SOUTH SIDE WASTEWATER IMPROVES PROJECT WE'RE ABOUT 90% COMPLETE. WE DID ASK THE CONTRACTOR TO MAKE SURE THAT THE LIFT STATION WAS WRAPPED UP IN FULLY COMPLETED. SO THEY'RE INSTALLING THE PUMPS IN THE WET WELL AND TRYING TO GET ALL THEIR SCADA EQUIPMENT TOGETHER SO WE CAN GET THAT, UH, LIFT STATION RUNNING. UH, THEY DO PLAN TO, UH, MOBILIZE IN TWO TO THREE WEEKS IN FRONT OF THE MURRAY PROPERTY. SO WE CAN WRAP THAT SECTION OF THE LINEUP TREATMENT, PLANT EXPANSION. AGAIN, THIS NUMBER IS CONSISTENT WITH WHAT WE HAD RECENTLY, BUT, UH, THE RAIN, AS YOU CAN TELL ON THOSE PICTURES, IT'S PRETTY WET OUT THERE. EVERY TIME IT RAINS, IT JUST TURNS INTO A PRETTY GOOD MESS OUT THERE, BUT THEY'RE CONTINUING TO WORK SATURDAYS AND TRYING TO CATCH UP AND STAY AHEAD OF THIS ON THEIR SCHEDULE. AGAIN, WE STILL ANTICIPATE HAVING THIS COMPLETED BY MARCH OF 2022 AND THE DE-WATERING FACILITY THAT WAS APPROVED BY COUNCIL IS GOING TO BE COMPLETED AUGUST OF 2022 BEN CREEK INTERCEPTOR. THE NUMBER HASN'T CHANGED ON THIS ONE, UH, THEY DID START THEIR BOEING PROJECT FINALLY, ON THE, UH, CREEK THAT WE'VE GOT, UH, WHERE WE HAVE OUR WORK TO DO THERE. UH, AS YOU CAN TELL, THIS WAS WHAT, UH, TOBER 13TH AND IT WAS JUST FULL OF WATER. SO THEY'RE PUMPING OUT TRYING TO GET STARTED ON THAT AND TRY TO WRAP THAT UP THE PIPE THAT WE'VE BEEN EXPECTING AND BEEN WAITING FOR. IT'S GOING TO BE, WE'VE BEEN TOLD BY THE END OF THE MONTH, EARLY NEXT MONTH. SO, BUT WE STILL DON'T HAVE A DEFINITE DATE ON THAT YET. SO WE'RE STILL WAITING ON THE 36 INCH PIPE, OLD POST ROAD. I'M SUPPOSED TO MEET WITH THE OWNER THIS WEEK AND WRAP THAT UP. HOPEFULLY THEY'LL WE DID MARK THE RIGHT OF WAY THAT WE NEED. AND WE'RE HOPING THAT WE WRAP THAT UP. I'LL SHOULD BE MEETING WITH THEM THURSDAY AFTER OUR MITIGATION MEETING THAT WE HAVE THIRSTY ELLIE BRANCH INTERCEPTOR. WE'RE ABOUT 37% COMPLETE. WE'RE STILL BORING UNDERNEATH THE CULVERT. AND YOU CAN TELL THERE'S STILL THE WATERS AFFECTED THEM ALSO, BUT THEY'RE CONTINUING TO DO THEIR WORK AS QUICKLY AS THEY CAN JUST LET A REPORTER OF WHERE WE'VE, UH, ASKED LJA TO, UM, START THE DESIGN FOR THE SECOND PHASE OF THE SLIMMER WASTEWATER IMPROVEMENT PROJECT. AND, UH, THE, UH, AMOUNT FOR THE PROJECT THAT IS ON YOUR AGENDA ITEM IS $123,697. SO I NEED TO EXPLAIN WHAT THAT SECOND BULLET IS. WE CONTINUED TO NEGOTIATE WITH THEM ON THEIR SCOPE OF WORK, AND WE ACTUALLY REDUCED THE SCOPE OF WORK ON THEIR PROJECT DOWN BY BY $5,130. SO WE ELIMINATED SOME OF THE SCOPE OF WORK. SO, BUT ON YOUR AGENDA ITEM, YOU WILL SEE THE AMOUNT [00:25:01] THAT I MENTIONED BEFORE, BUT IN THE PROPOSAL THAT'S ATTACHED TO THE BACKUP, IT DOES SHOW THAT DIFFERENT NUMBER OF $118,567. SO TONIGHT COUNCIL, HE CAN EITHER TELL ME TO BRING IT BACK IN THE NEXT COUNCIL MEETING AND CORRECT THAT AND MAKE THE CORRECTION OR MODIFY THE CONSENT AGENDA ITEM TO READ, UH, THE AMOUNT NOT TO EXCEED $118,567. AND THAT'S THE END OF MY PRESENTATION. ANY QUESTIONS YOU NEED US TO, UH, YOU SAID YOU NEED US TO AMEND AGENDA ITEM NUMBER SEVEN. YES. OKAY. DOES ANYBODY HAVE ANY QUESTIONS FOR LEON? WHAT WAS THE DOLLAR AMOUNT LIAM? THE CORRECT AMOUNT IS $119,567. THAT'S RELEVANT. THANK YOU. UM, ONE COMMENT AND THEN A QUESTION ABOUT, UH, WE'LL START WITH OLD POST ROAD. UH, SO I KNOW YOU'VE BEEN WORKING VERY DILIGENTLY ON, UH, I APPRECIATE THAT, UH, LEON WITH THE PROPERTY OWNER FOR THAT RIGHT AWAY ACQUISITION TOWARDS THE 1 58 PARK. UH, SO HOPEFULLY THAT MEETING GOES WELL LATER THIS WEEK AND WE CAN GET THAT BUTTONED UP. CAUSE I KNOW THAT'S PUT A LOT OF THIS ON HOLD AND EVEN STOP THE COUNTY FROM, FROM, UM, CONTINUING TO WORK. SO, UM, I HAVEN'T BEEN OVER THERE IN A LITTLE WHILE, SO I KNOW THIS WAS ORIGINALLY TWO PHASES, CORRECT? UH, THE SOUTH HALF, AND THEN THEY WERE GOING TO DO THE FIRST HALF WITH AN ORIGINAL COMPLETION DATE OF BY NEXT SUMMER COMPLETION DATE WAS NOVEMBER, NOVEMBER THIS YEAR. YES, SIR. YES. SO THAT'LL SLIP INTO NEXT YEAR, FRANK. SO YEAH. SO THE NEXT PHASE WILL SLIP INTO MOST LIKELY SOMETIME IN THE SPRING TIME FOR FINAL COMPLETION. YES. ALL THAT. OKAY. CAUSE THEY HAVEN'T STARTED ON PHASE TWO BECAUSE OF WHAT'S STILL HANGING UP ON PHASE ONE. THE COUNTY I VISITED ON THAT WE FELT WE JUST NEEDED TO GO AHEAD AND FINISH UP PHASE ONE, INCLUDING THAT INTERSECTION. SO THAT WOULD BE THE BEST WAY TO DO THAT. OTHERWISE WE WOULD HAVE HAD TO COME BACK INTO A PHASE THREE TO WRAP UP THAT INTERSECTION. GOTCHA. GOTCHA. ALL RIGHT. I APPRECIATE THAT. AND I'VE HAD SOME RESIDENTS REACH OUT TO ME IN THAT, THAT AREA. I'M KIND OF CONCERNED ABOUT THE TIMELINE THEY ALSO SAW IN NOVEMBER, BUT I TOLD THEM, UH, TYPICALLY IT'S WEATHER. UH, BUT THIS ONE WAS A SLIGHTLY DIFFERENT SITUATION, BUT I KNOW YOU'VE BEEN WORKING VERY DILIGENT ON THAT. SO THANK YOU. UM, AND THEN MY ONLY OTHER COMMENT WAS ABOUT WINDY HILL. UM, I HAPPENED TO FREQUENT THAT ROAD, UH, DAILY, AND, UH, I'M VERY PLEASED WITH THE PROGRESS AND HOW THAT TURNED OUT. I WASN'T EVEN AWARE THAT WE WOULD HAVE THAT LITTLE, UH, EXTRA RIGHT AWAY SHOULDER, UH, RIGHT TURN LANE, IF YOU'RE GOING EAST TO TURN INTO CHERRYWOOD AND ALL, ALL THOSE OTHER DIFFERENT THINGS, WHICH I THINK HAS ADDED, UH, AN IMPORTANT PART OF THE TRAFFIC CONTINUED TO FLOW AND ALLOWS A RIGHT TURNING TRAFFIC TO GET OUT OF THE WAY. SO I'M VERY HAPPY AND VERY PLEASED WITH THAT AS WELL AS THE, THE SIDEWALKS AND DIFFERENT THINGS. SO THANK YOU. THANK YOU. ALRIGHT. CAN YOU ANY OTHER QUESTIONS OR COMMENTS? THANK YOU, LEANNE. THANK YOU. ALL RIGHT. NEXT [VII.  Consent Agenda] UP IS THE CONSENT AGENDA IS, IS ANYBODY HAVE ANY ITEMS THAT THEY'RE LOOKING TO PULL CUSTOMER FORCE KILL? THANK YOU. UM, NUMBER SIX, NUMBER EIGHT, NUMBER 10. AND THAT'S IT. OKAY. I LIKE TROUBLE SOMETIMES. I'D LIKE TO PULL ITEMS 13 THROUGH 16. OKAY. SO WE'RE JUST GOING TO ALL RIGHT. YEAH. ALL RIGHT. SO 7, 9, 11 AND 12, 7, 9, 10, I THINK 7, 9, 10, 11, AND 12. SO I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS, 7, 9, 10, 11, AND 12. SO AGAIN, TO BE MOVED BY COUNCIL MEMBER FORCE, KALE SECONDED BY COUNCIL MEMBER TOBIA SO WE APPROVE AGENDA ITEMS, NUMBER 7, 9, 10, 11, AND 12. IS THAT RIGHT? SEVEN AND NINE THROUGH 12. IT'S GOING TO BE 7, 10, 11, AND 12 ARE. ALL RIGHT. SO TH THAT'S THE MOTION. UH, IS THERE ANY DISCUSSION, UM, UH, CUSTOMERS [7.  Approve Task Order No. 7 to LJA ENGINEERING, INC., Austin, Texas, in the amount not exceed $123,697.00 for the Schlemmer St./Porter St Wastewater Phase 2 Project. ~ Leon Barba, P.E., City Engineer ] OR YOU WANT TO MAKE THE AMENDMENT TO ADD THE DOLLAR AMOUNT? MARY I'D LIKE TO MAKE AN AMENDMENT TO ITEM NUMBER SEVEN, [00:30:01] TO HAVE THE, UH, FOR THE DOLLAR AMOUNT, NOT TO EXCEED $118,567. ALL RIGHT. I'LL SECOND THAT, UM, SO FIRST WE'LL VOTE ON THE, UH, MOTION TO AMEND, UH, AGENDA ITEM NUMBER SEVEN, ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NOW WE'LL TAKE A VOTE ON THE REMAINDER OF THE ITEMS. ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. IS THERE ANY A OBJECTION TO WHICH ITEM? OH, THAT'S OUT OF NUMBER SIX, SO, ALRIGHT. UM, NOTHING WILL GO TO AGENDA ITEM [6.  (First Reading)  Approve an Ordinance amending the City's Approved Budget for Fiscal Year 2021-2022 by reallocating $215,000.00 from the $1,100,000.00 approved for the LGC Property Acquisition/Downtown Revitalization Program capital improvement project (CIP #19) and appropriating $215,000.00 for the new Downtown Master Plan & Citywide Design Standards capital improvements project expenditures.  This budget amendment was requested by City Council on September 7, 2021. ~ Perwez A. Moheet, CPA, Director of Finance] NUMBER SIX. NOW FIRST READING APPROVE AN ORDINANCE AMENDING THE CITY'S APPROVED BUDGET FOR FISCAL YEAR 2122 BY REALLOCATING 250,000 FROM THE 1.1 MILLION APPROVED FOR THE LGC PROPERTY ACQUISITION, UH, CAPITAL, UH, PROJECT, UH, AND APPROPRIATING 215,000 FOR THE NEW DOWNTOWN MASTER PLAN. THE CITYWIDE DESIGN STANDARDS, UH, THIS BUDGET AMENDMENT WAS REQUESTED BY CITY COUNCIL ON SEPTEMBER 7TH, UH, COUNCILLOR FLOOR SCALE. THANK YOU. UM, SO I HAVE A FEW QUESTIONS. MY FIRST QUESTION IS HOW MUCH OF THE $1.1 MILLION IS LEFT MARIN COUNCIL FOR THE RECORD, I'M PREVENTED MY EIGHT CITY'S DIRECTOR OF FINANCE OF THE 1.1 MILLION. WE HAVE SPENT $250,000 TO ACQUIRE THE PROPERTY OF THE PARKLAND AT GREG CLARK PARK. WE HAVE, UH, SPENT $215,000 FOR THE BKG ARCHITECT CONTRACT AT THE LAST COUNCIL MEETING ON SEPTEMBER 7TH. SO THAT LEAVES US AS BALANCE OF 635,000. THANK YOU. UM, AND THEN MAY I ASK WHAT THE DIFFERENCE BETWEEN WHAT YOU ARE ASKING FOR AN ITEM SIX VERSUS THE 2019 DOWNTOWN ASSESSMENT? SO THE BUDGET AMENDMENT IS TO REALLOCATE $215,000 FROM THE $1.1 MILLION THAT WAS APPROPRIATE FOR THE, UH, PROPERTY ACQUISITION PROJECT. SO $215,000 WILL BE APPROPRIATED OR TO FUND THE BKG CONTRACT. OKAY. UM, THIS QUESTION WOULD BE FOR SCOTT. UM, AS I READ THE BACKUP MATERIAL, IT SPEAKS EXCESSIVELY, UH, REGARDING TASK FORCE. SO SINCE WE HAVE DISSOLVED THEM, HOW ARE WE GOING TO, UM, PLAN WITH THE, UH, BKG WITH BTK BTK? SORRY. SO THE, SO THIS ITEM IS REALLY JUST FOR THE PROPERTY ACQUISITION. WE'LL HAVE ANOTHER ITEM THAT WILL BE BACK FOR A OTHER PTK WORK, THE ITEM THAT WAS APPROVED FOR THE DOWNTOWN MASTER PLAN. AND I DESIGNED GUIDELINES AT THE LAST MEETING, THEY WILL INCLUDE COMMUNITY FEEDBACK SESSIONS. SO RATHER THAN JUST A TASKFORCE DIRECTING IT, IT WILL JUST BE OPEN TO THE COUNCIL AND THE COMMUNITY IS PART OF STAKEHOLDER FOCUS GROUPS. OKAY. AND SO I DO UNDERSTAND THAT THIS IS JUST A REQUESTING AMENDMENT, BUT I JUST, IF I CAN ASK THE QUESTIONS, THIS ITEM HERE IS JUST A REAPPROPRIATION OF FUNDS FOR THE PROPERTY ACQUISITION, BUT WE'LL COME BACK FOR ADDITIONAL REAPPROPRIATION OF FUNDS FOR ADDITIONAL ITEMS. OKAY. ALL RIGHT. THANK YOU. JUST FOR THE PROPERTY ACQUISITION AND THE DOWNTOWN PLAN. I'M SORRY. OKAY. THERE'S, THERE'S ADDITIONAL FUNDING THAT WHAT'S COMING BACK FOR. DO YOU HAVE ANY OTHER QUESTIONS? WOULD YOU LIKE TO MAKE A MOTION? YES, I WOULD LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEM NUMBER SIX, MOVED BY CUSTOMER NUMBER FLOORS, KALE SECONDED BY COUNSELOR RIZZO THERE. DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SIX TO ONE. THANK YOU. ALL RIGHT. UM, NUMBER EIGHT, EIGHT, NEXT UP [8.   Approve Change Order # 7 to M.A. SMITH CONTRACTING CO., INC., Austin, Texas, in an amount for $6,304.92, increasing the total contract amount to not exceed $2,615,746.57 for electrical and drainage improvements on Windy Hill Street . ~ Leon Barba, P.E., City Engineer ] AGENDA ITEM NUMBER EIGHT. UH, APPROVED CHANGE ORDER NUMBER SEVEN TO MIA SMITH CONTRACTING AND AMOUNT, NOT, UH, FOUR, $6,304 92 CENTS. UH, FOR DRAINAGE AND ELECTRICAL PERMITS ON WINDY STREET. UM, YOU'RE GONNA HAVE TO TELL ME WHO PULLED THIS ONE. I DON'T, I DON'T REALLY KNOW. RIGHT. COUNCIL MEMBER FORESCOUT. THANK YOU. UM, SO I WAS READING THE BACKUP MATERIAL FOR THIS AND IT LOOKS LIKE, UM, THIS WAS NOT THE, UH, MISTAKE DONE BY THE CITY. IS THAT CORRECT? MISTAKE DONE BY THE CITY? [00:35:01] THAT'S CORRECT. OKAY. AND SO, UM, CAN YOU KIND OF EXPLAIN, GIVE US SOME BACKGROUND ON WHAT HAPPENED AND WHY WE'RE HAVING TO ADD THIS IN THERE? YOU WANT AN EXPLANATION ON BOTH OF THE SITUATIONS OR JUST ONE OF THEM BOTH IS FINE. OKAY. THERE'S A LOT OF THE BOXES THAT WERE PLACED IN THAT PROJECT. UM, WE, WE DID THOSE BASED ON WHAT PEC HAD TOLD US THAT THEY THOUGHT WAS NEEDED THERE. THE BOXES WERE PLACED, AND THEN WE WERE ADVISED AT THE PEC DIDN'T NEED THOSE BOXES. SO THE CONTRACTOR THAT WAS DOING SOME OF THE OTHER WIRING AROUND AROUND THE AREA TOLD THE PROJECT MANAGER THAT YOU DO NEED THOSE BOXES. SO WHAT HAPPENED WAS THAT THE PROJECT MANAGER WENT AHEAD AND WENT OUT AND COUNTED THE BOXES TO MAKE SURE WHAT WAS THERE AND SEE WHAT WAS THERE. AND WHEN SHE DID, SHE DISCOVERED THAT THERE WAS ACTUALLY THOSE, THOSE BOXES WERE ACTUALLY PLACED, EVEN THOUGH PEC HAD TOLD THEM WE DIDN'T NEED THEM. SO WE WENT AHEAD AND DECIDED WE WE'D ALREADY PAID FOR WHAT WE HAD DONE PREVIOUSLY. WE NEEDED TO PAY FOR THIS. TYPICALLY WHEN WE, UH, UH, DO A CONTRACT, WE, WE, UH, BUDGET ABOUT 5% FOR CONTINGENCY AND WE'VE EXCEEDED THAT CONTINGENCY. AND THAT'S WHERE THE REASONABLY, WE, WE SAW THESE LAST TWO CHANGE ORDERS. THE, UH, WE'RE AT 5.3%, WHICH IS NOT BAD FOR A PROJECT LIKE THIS BECAUSE THERE WERE SO MANY UNKNOWNS WHEN WE DID THIS PROJECT. AND IT WAS, IT WAS A VERY FAST PACED PROJECT TO SAY THE LEAST ON THE DRAINAGE. THERE'S A NEIGHBOR THAT'S RIGHT NEXT TO JASON AT THE PROPERTY, CLAIMING THAT THEY'RE GETTING IMPACTED BY SOME DRAINAGE. SO THE PROJECT MANAGER HAS TAKEN SOME EFFORTS, MADE SOME EFFORTS TO GO AHEAD AND ADDRESS THAT WE DON'T BELIEVE THAT'S THE DRAINAGE FROM THE ROAD IS CAUSING THE PROBLEM. IT'S MORE SEEPAGE. AND SO SHE ADDED SOME PIPE IN THERE AND SOME DRAINAGE WORK TO ADDRESS THAT PROBLEM AND ADDRESS HER CONCERN. OKAY. AND THIS, THIS JOB OVERALL IS $2.6 MILLION. IS THAT CORRECT? AND IF I RECALL IT IS OKAY. AND SO THEY'RE WORRIED ABOUT, UH, IT LOOKS LIKE ULTIMATELY $2,000, $2,200 IN, IN LIKE PARTS AND THEN IT LOOKS LIKE $4,100 IN LABOR. I DON'T KNOW THE DETAILS ON THAT. YES. I GUESS ULTIMATELY I WAS JUST WONDERING IF THEY WOULD BE WILLING TO SPLIT THAT COST, UM, SINCE THIS WAS, UH, THEIR MISTAKE, IT WASN'T THE CONTRACTOR'S MISTAKE. WHO, OKAY. WHOSE, WHOSE FAULT WAS THAT HIS MISTAKE? WAS IT ON WHICH PART? THE BOXES, THE BOXES, THEY ACTUALLY INSTALLED WHAT WE ASKED THEM TO. AND SO WE HAD TO PAY HIM FOR THE BOXES, FORGOT TO STICK IT ON THE BILL. LIKE, HOW DID THAT WORK? I DON'T RECALL WHAT THAT HAPPENED ON THAT, BUT THE PROJECT MANAGER, JUST IN WRAPPING UP HER PROJECT, SHE, SHE DID MAKE THAT DETERMINATION. THEY NEEDED TO BE PAID FOR THOSE EXTRA BOXES. AND ON THE DRAINAGE OF, AGAIN, IT'S AN ALLEGATION THAT WE'RE CAUSING A DRAINAGE ISSUE. UH, PROJECT MANAGER FIRMLY BELIEVES IT'S IT'S UNDERGROUND SEEPAGE, BUT IN ORDER TO, UH, RESOLVE THE ISSUE WITH THE NEIGHBOR, SHE WENT AHEAD AND DID DISTRICT RANGE WORK. OKAY. THANK YOU. YOU'RE WELCOME. IS THAT, IS THAT, UH, UH, ANY OTHER QUESTIONS MARY, I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEM NUMBER EIGHT, SECOND, MOVED BY COUNCILMAN RIZZO. SECOND ABOUT THE MAYORS OR DISCUSSION ON THE MOTION HERE. THAT'S WHERE ALISON, I KNOW I'LL LET YOU WALK AWAY, BUT YOU CAN GIVE ME, OR MAYBE SCOTT CAN, CAN ANSWER. UH, SO WE WERE ESSENTIALLY WHAT I GATHERED FROM THAT WAS THAT WE DID WHAT PEC, UH, TOLD US TO PUT IN THERE. WE, WE RELAYED THAT TO THE CONTRACTOR AND THEN P AND C LATER CHANGE WHAT THAT REQUIREMENT WAS. THEREFORE WE HAD TO MAKE THAT CHANGE. IS THAT A PRETTY MUCH NUTSHELL APOLOGIZE, MR. BARBARA, ACTUALLY COUNCIL MEMBER. WASN'T A PEC THAT TELL US ABOUT THAT. IT WAS A SUBCONTRACTOR THAT WAS DOING THE WIRING THERE FOR US, FOR THE CITY THAT TOLD US WE NEEDED TO HAVE THOSE BOXES THERE. GOTCHA. I GUESS WHAT I'M GETTING AT IS SOMEBODY TOLD US WHAT IT WAS SUPPOSED TO BE. WE THEN RELAYED THAT SAME INFORMATION. AND THEN WE WERE TOLD BY WHOEVER WE RELIED UPON THAT THAT WAS NOT THE CASE WITH THOSE ESSENTIALLY RIGHT. PC EVENTS, BEC EVENTUALLY TOLD US THAT WE DIDN'T NEED THOSE EXTRA BOXES THERE. AND THE SUBCONTRACTOR SAID, YOU DO NEED THOSE BOXES THERE. SO, UH, THE PROJECT MANAGER SAID, WELL, LET ME GO COUNT. SEE WHAT WAS ACTUALLY INSTALLED. AND SHE FOUND OUT THEY DID INSTALL WHAT WAS IN THE PLANS AND SHE HADN'T PAID THEM FOR THAT. AND THEN WHO SAID THAT THEY NEEDED TO BE CHANGED? IT WAS A SUBCONTRACT SUBCONTRACTOR. OKAY. SO THERE'S JUST A DISAGREEMENT BETWEEN THE SUBCONTRACTOR AND PC. WHAT, WHAT, AND, AND THE, THE IMPRESSION THAT I GOT FROM THE PROJECT MANAGER, THAT WE'LL BE ABLE TO USE THESE BOXES IN THE FUTURE FOR EITHER TRAFFIC SIGNALS OR TRAFFIC LIGHTS, IF WE NEED THEM, THE SYLLABI [00:40:01] THERE, ALONG WITH THE CONDUIT, UH, IS THERE ANYTHING WE CAN LEARN FROM THIS? LIKE, THERE'LL BE SOMETHING WE COULD DO IN THE FUTURE TO PREVENT SOMETHING LIKE THAT HAPPENING. CAUSE WE, WE, WE ALL HATE CHANGE ORDERS AND WE, WE CERTAINLY, I KNOW THE CITY MANAGER DOES AS WELL. I AM VERY HAPPY WITH THE RESULT OF THE PROJECT, BUT I'M NOT HAPPY WITH HOW MANY CHANGE ORDERS WE'VE DONE. AND SO IS THERE ANYTHING WE CAN LEARN FROM THIS TO PREVENT THAT FROM OCCURRING IN THE FUTURE? I THINK YOU'RE, THERE, THERE IS NO PERFECT PROJECT. UH, YOU'RE ALWAYS GOING TO HAVE CHANGE ORDERS WITHIN MY YEARS OF EXPERIENCE IN THE PROJECTS THAT I'VE SEEN, YOU WILL ALWAYS HAVE CHANGE ORDERS. YOU JUST HOPE THAT THEY'RE NOT SIGNIFICANT ENOUGH TO, TO, UH, YOU KNOW, CAUSE THE PROJECT TO GO WAY OVER BUDGET. THE, UH, THE GOAL FOR OUR PROJECT MANAGERS ZERO, THAT'S OUR GOAL, BUT WE DO WANT TO HAVE SOME CONTINGENCY IN THERE IN CASE THESE LITTLE THINGS POP UP AND THEY DO POP UP WHETHER WE LIKE THEM OR NOT. ONCE YOU OPEN UP THE GROUND, THE SURPRISES ARE THERE. THIS PARTICULAR PROJECT WAS FUNDED BY A GRANT FROM THE GLO. AND, UH, IT WAS PUT TOGETHER VERY QUICKLY OR ITS CONSULTANT DID A FANTASTIC JOB. JUST GETTING OUT. THERE WERE MISTAKES MADE ON THE PLANS. AS I SAID, THERE'S NO PERFECT SET OF PLANS. AND SO WE ADJUSTED AND MODIFIED AS BEST AS WE COULD. SO, UH, WE, WE, WE PUSHED THE BAR ON THIS PROJECT COUNCIL, IF YOU REMEMBER COUNCIL MEMBER, IF YOU REMEMBER THIS PROJECT, BUT NOT EVEN TWO YEARS, WE, WE KNOCKED IT OUT. RIGHT. BUT WE CUT BACK ON THE PROJECT QUITE A BIT. INITIALLY WE WERE WANTING TO GO TO FIVE LANES IN THAT SECTION OF ROADWAY. UH, BUT WE KNEW WITH ACQUISITION OF REAL ESTATE THERE RIGHT AWAY, THAT WAS NOT GOING TO HAPPEN. SO WE CUT IT BACK TO THREE LANES. WE SQUEEZED IT IN THERE WITH THE DRAINAGE PROJECT THAT WE HAD. SO IT WAS A VERY TOUGH MY HATS OFF TO THE ENGINEERS AND TO THE PROJECT MANAGER FOR COMPLETING IT WITHIN THE TIME THAT WE WERE GIVEN TO DO THAT PROJECT AND COUNCIL MEMBER, WE ARGUED WITH GLO STAFF UNTIL, WELL, THINGS ARE GOING TO HAPPEN. WE'RE GOING TO FIND SURPRISES. THEY, THEY SAID IT DOESN'T MATTER. THIS IS IT. THIS IS ALL THE TIME YOU'VE GOT. AND THAT'S IT. SO WE DID IT. UNDERSTOOD. THANK YOU. YOU'RE WELCOME. LEON, JUST A FINAL, JUST A, I'M GLAD THAT WE'RE MOVING FORWARD ON THIS, BUT ONE OF THE THINGS THAT WE'VE DONE AS A COUNCIL IS BE FORWARD THINKING. SO HAVING THESE BOXES ALREADY INSTALLED THERE FOR FUTURE TRAFFIC LIGHTS. I THINK IT'S A WIN FOR US AS A CITY. WE'RE NOT HAVING TO COME BACK AND DIG UP A PERFECTLY GOOD ROADWAY. WE'RE NOT HAVING TO DIG UP OUR DRAINAGE ON THE SIDE. I THINK THIS IS A WIN FOR US. I'M GLAD THAT WE DID IT NOW INSTEAD OF HAVING TO DO IT LATER. SO THANK YOU FOR GETTING THOSE BOXES INSTALLED. THANK YOU VERY MUCH. YOU'RE WELCOME. OKAY. ANY OTHER QUESTIONS? COMMENTS, ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT STEP AGENDA [13.  Authorize the Police Department to Purchase the Pace Scheduler Software Subscription from Pace Scheduler in an amount not to exceed $6,400. ~ Jeff Barnett, Chief of Police] ITEM NUMBER 13, 13 AUTHORIZE THE POLICE DEPARTMENT TO PURCHASE THE, UH, PAY SCHEDULE, UH, SCHEDULER SOFTWARE SUBSCRIPTION. UH, I HAD AN AMOUNT NOT TO EXCEED $6,400 CUSTOMER ELLS. ALL RIGHT, IT'S GOING TO BE THE SAME SIMILAR QUESTION ON ALL FOUR OF THESE ITEMS, CHIEF. THESE ARE THINGS THAT WE DID APPROVE IN THIS YEAR'S FISCAL BUDGET. AND SO IT'S ALL, UH, ACCOUNTED FOR, WHICH IS GREAT, BUT I JUST WANTED TO, IF YOU COULD GIVE LIKE A 62ND OR SO, UH, OVERVIEW OF HOW ADDING THESE PARTICULAR THINGS ARE GOING TO BE BENEFICIAL TO OUR, UH, AGENCY AND MEET THE GOALS THAT THE CITY HAS CONTINUED TO PRESS FORWARD UPON, UH, THE COVID POLICE DEPARTMENT AND HOW THESE WILL HELP, UH, MEET THOSE OBJECTIVES. ABSOLUTELY. THANK YOU VERY MUCH. JEFF BARNETT, CHIEF OF POLICE FOR THE RECORD, UH, EACH OF THESE, YOU WILL SEE A WELL FOR SEVERAL OF THESE, YOU WILL SEE THAT OUR GOAL IS TO WORK SMARTER, NOT HARDER TO USE TECHNOLOGY, TO IMPROVE OUR SERVICE AND OPERATIONS. AND TO GIVE US BACK TIME TO OUR STAFF, TO PERFORM THE MINI DUTIES THAT THEY DID, THEY HAVE ON THEIR PLATE PAY SCHEDULER SOFTWARE IS A SCHEDULING SOFTWARE. WE HAVE A A HUNDRED EMPLOYEE POSITIONS AT THE ACCOMPLISH DEPARTMENT. NOW WE ARE SCHEDULING OUR STAFF MEMBERS USING A VERY ANTIQUATED EXCEL SPREADSHEET. THIS SOFTWARE IS A FULL, FULL SERVICE COMPREHENSIVE SOFTWARE THAT WILL ALLOW US TO SCHEDULE, UH, EACH OF THOSE POSITIONS USING, UH, PLATFORMS FOR VACATION REQUESTS, LEAVE FORMS TO MAKE SURE THAT WE'RE MEETING MINIMUM STAFFING LEVELS. IT WILL ALLOW EMPLOYEES TO SUBMIT MANY OF THEIR NOW PAPER REQUESTS THROUGH AN ELECTRONIC SYSTEM, WHICH ALLOWS US TO TRACK THAT BETTER RATHER THAN KEEPING VOLUMES OF HANDWRITTEN REQUESTS TO TAKE DIFFERENT TIMES OFF WORK. WE CAN ALSO LOOK AT SCHEDULING, UH, MANY MONTHS IN ADVANCE AND MAKE SMALL CHANGES OR MAKE CHANGES VERY QUICKLY THAT CAN APPLY TO MANY MONTHS DOWN THE ROAD. THIS WILL ALLOW OUR STAFF ALSO TO CAPTURE ALL OF THE UNIQUE COMPONENTS OF OUR CIVIL SERVICE PAYSCALE AND PUT THAT INTO THE SYSTEM SO THAT WHEN OFFICERS WORK VARIOUS TYPES OF OVERTIME OR VARIOUS ASSIGNMENTS, IT WILL CALCULATE THAT ALL IN OUR VERY DIFFICULT AND CHALLENGING CIVIL SERVICE PAY SCHEDULE. AND IT WILL SEND THAT ELECTRONICALLY TO THE FINANCE DEPARTMENT, WHICH WILL ALSO HAVE A BENEFIT TO THE FINANCE DEPARTMENT. IT'LL REDUCE KEYING IN OF A LOT OF DATA AND THAT REPETITIVE NATURE OF KEYING IN TIME SHEETS EVERY TWO WEEKS FOR A HUNDRED EMPLOYEES. AND IT'LL SAVE STAFF TIME AS WELL AS GIVE US BETTER ACCURATE [00:45:01] RECORD KEEPING SOUNDS GREAT TO ME. UH, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 13, MOTION BY COUNCILOR ELLISON, SECONDED BY COUNCIL MEMBER FLOOR SCALES OR DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT UP AGENDA [14.  Authorize the Police Department to Purchase the Shield Suite and Command Center Software from International Business Information Technologies, Inc. d.b.a. LEFTA Systems in an amount not to exceed $8,200. ~ Jeff Barnett, Chief of Police] ITEM NUMBER 14, AUTHORIZE THE POLICE DEPARTMENT TO PURCHASE THE SHIELD SUITE AND COMMAND CENTER SOFTWARE FOR INTERNATIONAL BUSINESS INFORMATION TECHNOLOGIES LEFT A SYSTEMS IN AN AMOUNT NOT TO EXCEED $8,200 CUSTOMER ELSA. SAME QUESTION TO YOU TOO. THANK YOU VERY MUCH. ACTUALLY HAVE REALLY GOOD NEWS ON THIS PARTICULAR ITEM. AS WE CONTINUE TO VISIT WITH THE VENDOR, UH, WE LEARNED THAT THEY WERE ABLE TO OFFER US A DISCOUNT ON THE PROSTATE YOU SEE BEFORE YOU TONIGHT, UH, BOTH IN PART AS TO WHAT THEY CAN OFFER, BE WHAT WE NEEDED AT THE POLICE DEPARTMENT. AND, UH, THEY ALSO PROVIDED SOME OTHER QUESTIONS THAT I KNOW THEY'RE IMPORTANT TO THE COUNCIL, SUCH AS WHAT DO WE HAVE A WARRANTY? DOES THIS INCLUDE INSTALLATION AND WHATNOT? AND I'M HERE TO TELL YOU THAT, YES, THAT IS THE CASE THAT THE PROCESS THAT YOU HAD ORIGINALLY AT 800,000 A LITTLE OVER 800,000, DOES INCLUDE A WARRANTY ON THEIR PRODUCT. IT DOES INCLUDE SHIPPING INSTALLATION BY TRAIN STAFF AND ALL OF THAT GOOD NEWS. THE NEW NUMBER THAT I WAS GIVEN JUST THIS AFTERNOON FROM THE THIS COMPANY, A VERY GOOD NUMBER IS 605,000. THEY WILL BE ABLE TO PROVIDE THIS PRODUCT TO US AT $605,000 TO GIVE YOU AN IDEA OF WHAT THIS IS 600, $5,000, 6 0 5, AS OPPOSED TO THE 800,000. SO 605,000. OH, YOU'RE NOT TABLE THAT'S OKAY. NO, NO, NO. I'VE GOT SEVERAL DIFFERENT ITEMS. SO LET ME MAKE SURE IT'S NOT TO EXCEED 8,200. THAT'S THE ITEM WE'RE DISCUSSING. SO YEAH, I APOLOGIZE. YOU'RE RIGHT. I HAVE A STACK OF DIFFERENT ITEMS RIGHT HERE AND I WENT TO ONE AND Y'ALL CHOSE ANOTHER ONE. UM, REMIND ME WHICH ONE THAT IS. I APOLOGIZE. SHIELD SUITE AND COMMAND CENTER SOFTWARE. THAT WAS 11. I APOLOGIZE. I DO NOT HAVE GREAT NEWS ON THIS ONE. OTHER THAN IT IS MUCH CHEAPER. I'M SORRY. I JUST GOT A BIG STACK AND I HEARD THE WRONG ONE. OKAY. SO SHIELD SUITE IS A PRODUCT OFFER BY LEFTIST SYSTEMS. WE TALKED THIS A BUDGET PROCESS THAT WE WANTED TO, UH, FIND BETTER WAYS TO USE TECHNOLOGY. AND WE WANT IT TO BE ABLE TO TRACK, UH, COMPLAINTS, COMPLIMENTS AND OFFICER BEHAVIOR AND OFFICER, UH, PERFORMANCE IN A MUCH BETTER WAY. AND WE WANTED TO BE VERY TRANSPARENT WITH THAT. AS WE GO THROUGH THAT PROCESS LEFT A SYSTEMS OFFERS A PRODUCT THAT MEETS ALL OF THOSE NEEDS. ONE OF THE THINGS THAT COUNCIL ASKED IS COULD WE PROVIDE A PRODUCT THAT WOULD ALLOW CITIZENS TO PROVIDE COMPLIMENTS AND SUCH, UH, ONLINE THROUGH AN ONLINE PORTAL? THIS ABSOLUTELY DOES DESK. THIS HAS EIGHT DIFFERENT COMPONENTS TO IT. IT HAS THE PATROL FTO PROGRAM THAT WILL HELP US MONITOR OUR FIELD TRAINING OFFICERS AND OUR OFFICERS IN THE FIELD AS THEY GO THROUGH THEIR TRAINING PROCESS. AND EACH OF THESE ARE VERY, UH, UH, VERY LARGE, BIG PROGRAMS WITH A LOT OF SMALL DETAILS IN THEM. BUT I'LL GIVE YOU THE, LIKE YOU SAID, THE VERY SHORT BRIEF VERSION. THE SECOND ONE IS IT ALLOWS US FINALLY TO HAVE OUR EMPLOYEE TRAINING RECORDS KEPT IN AN ELECTRONIC SYSTEM, WHICH IS GREAT RIGHT NOW WE USE THE, THE FOLDER SYSTEM METHOD WHERE WE GO TO TRAIN AND GET THEIR CERTIFICATES. AND IT GOES INTO THE TRAINING FOLDER. THIS WILL MEMORIALIZE THAT IN A SYSTEM AND ALLOW US TO TRACK OFFICER TRAINING, PLAN SCHEDULES, HOLD TRAINING AND ACCOUNT FOR ALL OF THAT. IT ALSO DOES THE USE OF FORCE TRACKING FOR OFFICERS. IT ALLOWS FOR EARLY WARNING. IF WE HAVE AN OFFICER THAT'S INVOLVED IN THREE OR FOUR OR FIVE DIFFERENT USES OF FORCE MAY BE ALL LEGITIMATE, BUT IT CAN STILL SEND WARNINGS TO ADMINISTRATION. SO WE CAN VISIT WITH THAT OFFICER TO MAKE SURE THAT THEY'RE OKAY, MAKING SURE THEIR DECISIONS ARE GOOD AND MAKING SURE THEY'RE FOLLOWING POLICIES. THE BIG ONE IS IT HAS OUR INTERNAL AFFAIRS TRACKING SYSTEM. THIS IS A FULL, COMPREHENSIVE INTERNAL AFFAIRS INVESTIGATIVE SUITE. IT ALLOWS US TO TRACK TO TRACK COMPLAINTS OR ALLEGATIONS FROM THE POINT OF COMPLAINT ALL THE WAY THROUGH THE PROCESS THROUGH DISCIPLINE ARE WHATEVER THAT FINDING IS AND THE ISSUANCE OF DISCIPLINE. SO VERY ROBUST PIECE OF SOFTWARE. IT ALSO DOES FIELD INVESTIGATIONS. IT ALLOWS US TO TRACK VEHICLE PURSUITS. IT ALLOWS US TO TRACK THE USE AND DAMAGE TO OUR VEHICLES, WHICH CAN HELP US WITH BUDGET TIME. I CAN GIVE YOU A BETTER REFLECTION OF HOW WE'RE USING OUR VEHICLES AND HOW THEY'RE HOLDING UP. AND IT ALSO DOES AN EMPLOYEE CONDUCT TRACKING. SO IT DOES ALL THIS FOR SUPERVISORS RIGHT NOW, WE'RE USING THE PAPER SYSTEM AGAIN, AND THIS ALLOWS US TO PUT IT ALL INTO A SYSTEM AND RUN REPORTS, PROVIDE DATA WHICH COUNCIL ASKS FOR IN MANY DIFFERENT WAYS AS WE WENT THROUGH OUR BUDGET PROCESS. AND I APOLOGIZE FOR THE CONFUSION ON THAT. AND THAT IS THE $8,150. ARE YOU A GOOD CHIEF? YOU INADVERTENTLY GAVE US GOOD NEWS ABOUT 11 THAT WE DIDN'T KNOW ABOUT. SO YEAH, HERE WE GO. IT'S ALL GOOD. NOW I APPRECIATE THAT. I'LL SAVE MY COMMENTS AFTER WE GET THROUGH ALL OF THESE. SO A MOTION TO APPROVE AGENDA ITEM 14, MOTION BY COUNCILOR [00:50:01] ELLISON, SECONDED BY COUNCIL MEMBER, FOREST, KALE APPROVED AGENDA ITEM NUMBER 14. IS THERE FURTHER DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT [15.  Authorize the Police Department to execute the License Agreement and Purchase Order from Veritone for Redaction Software in an amount not to exceed $9,500. ~ Jeff Barnett, Chief of Police] AGENDA. ITEM NUMBER 15, AUTHORIZED THE POLICE DEPARTMENT TO EXECUTE THE LICENSE AGREEMENT AND PURCHASE ORDER FROM VERITONE FOR REDACTION SOFTWARE AND AN AMOUNT NOT TO EXCEED $9,500. COUNCILMAN ALLISON, SAME QUESTION CHIEF. THANK YOU. THANK YOU SIR. MUCH BRIEFER ON THIS ONE. THIS IS VERITONE SOFTWARE. WE GET HUNDREDS AND HUNDREDS AND HUNDREDS OF OPEN RECORDS, REQUESTS AND REQUEST FOR RECORDS FROM OTHER AGENCIES. THE LAW REQUIRES US IN CERTAIN CASES TO REDACT CERTAIN COMPONENTS OF THAT INFORMATION. SOMETIMES IT'S A VIDEO AND THERE MAY BE SMALL CHILDREN OR LAWSON IN PLATES THAT ARE VISIBLE THAT THE LAW TELLS US TO PROTECT, OR MAYBE A DRIVER'S LICENSE MAY GET INADVERTENTLY PICKED UP ON A BODY CAMERA. THOSE THINGS ARE NOT ALLOWED TO BE RELEASED TO ON A PUBLIC INFORMATION REQUEST. CURRENTLY OUR STAFF MEMBER HAS TO, UM, WATCH THE ENTIRE VIDEO, ALL OF THE VIDEOS ASSOCIATED WITH THE CALL AND EACH TIME THAT ITEM OUR FACE APPEARS THEY USE SOME SOFTWARE, SOME BLURRING SOFTWARE, BUT THEY HAVE TO DO THAT EVERY TIME THAT FACE APPEARS. SO IF THEY GO OFF CAMERA AND IT COMES BACK ON, THEY HAVE TO DO IT YET. AGAIN, THIS WILL, THIS SOFTWARE GIVES US 100 HOUR OR 100 HOURS OF WORK, WHICH WE THINK WILL BE PLENTY. THIS IS THE FIRST YEAR WE'RE HAVING IT, BUT WE'VE ESTIMATED A HUNDRED YEARS TO DO THIS. IT'S A 12 MONTH, 12 MONTH ACCESS. AND IT WILL ALLOW YOU TO IDENTIFY FACE OR A LICENSE PLATE OR A DRIVER'S LICENSE ONE TIME AND EVERYWHERE ELSE. IT APPEARS IN THE VIDEOS. IT WILL BLUR THAT SO THAT WE DON'T INADVERTENTLY RELEASE SOMETHING TO THE PUBLIC THAT WE'RE NOT SUPPOSED TO, THAT WILL SAVE HOURS OF STAFF TIME AND PROBABLY INTO THE HUNDREDS OF HOURS OF STAFF TIME AS THEY GO THROUGH. IT WILL ALSO IF NECESSARY CONVERT THE AUDIO THAT'S ON THAT VIDEO SYSTEM INTO A TRANSCRIPT. AND SHOULD WE NEED THAT FOR COURT OR ANY OTHER PURPOSES? THE, THEY CAN VERY SIMPLY, UH, HAVE THAT VIDEO CONVERTED TO A TRANSCRIPT, WHICH CAN ALL OBVIOUSLY, IF WE WERE TO OUTSOURCE THAT THAT WOULD COST HUNDREDS, IF NOT THOUSANDS OF DOLLARS, BECAUSE THERE ARE MANY OFFICERS ON THE SCENE AND THERE'S A LOT OF AUDIO ARE A LOT OF VIDEO. SO A 12 MONTH ACCESS TO THAT FOR A HUNDRED HOURS AT 9,500. FANTASTIC. THANK YOU, CHIEF MOTION TO APPROVE AGENDA ITEM 15 MOTION BY COUNCILOR ELLISON. SECOND BANK CUSTOMER FORCE KALE. WE APPROVE AGENDA ITEM. NUMBER 15. IS THERE DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES FIVE TO ZERO. NEXT UP AGENDA. ITEM NUMBER [16.  Authorize the Police Department to Purchase Additional System Modules Entitled Payments, Invoicing, and Inter-Agency Communications from GovQA in an amount not to exceed $10,000. ~ Jeff Barnett, Chief of Police] 16 AUTHORIZED THE POLICE DEPARTMENT TO PURCHASE ADDITIONAL SYSTEM MODULES, UH, ENTITLED PAYMENTS INVOICING AND INTER-AGENCY COMMUNICATIONS, UH, FROM GOV QA IN AN AMOUNT NOT TO EXCEED $10,000. THAT'S YOUR LAST ONE, CHIEF. THANK YOU. I APPRECIATE THIS. THERE'S A REASON FOR ALL THIS, BUT YOU'RE DOING A GREAT JOB. UH, SAME QUESTION ON THIS ONE. THANKS SIR. UH, THIS IS SOFTWARE THAT WE CURRENTLY USE GULF QA FOR OUR PUBLIC INFORMATION REQUESTS, UH, THAT CURRENTLY DOES NOT HAVE THE INVOICING AND PAYMENT MODULE. SO WE ENDED UP TAKING A LOT OF PAYMENTS BY CREDIT CARD OVER THE TELEPHONE THAT OBVIOUSLY TAKES TIME. STAFF ARE TOM FROM STAFF FROM DOING THEIR DUTIES. THIS WILL ALLOW US TO BOTH SEND AN INVOICE OUT TO A CUSTOMER SO THAT THEY CAN PAY THAT THROUGH THE OTHER HALF OF THIS REQUEST FOR THE PAYMENT MODULE. SO PEOPLE CAN MAKE THEIR PAYMENTS FOR THEIR OPEN RECORDS REQUESTS, ALL OF THE VIDEO SYSTEM, ALL OF THE VIDEOS THAT THEY REQUEST RIGHT THERE THROUGH THE SYSTEM STAFF WON'T HAVE TO REALLY TOUCH THAT. IT'LL KEEP THEM OFF THE PHONE, TAKING THOSE AND AT THE WINDOW AS WELL. THE THIRD PART OF THAT IS THE INTER-AGENCY COMMUNICATIONS MODULE. IN ADDITION TO PUBLIC INFORMATION REQUESTS, WE GET REQUESTS FROM HUNDREDS OF GOVERNMENT AGENCIES. UH, THEY CAN BE ANYWHERE FROM BACKGROUND INVESTIGATIONS FOR EMPLOYEES TRYING TO FIND JOBS ELSEWHERE. MAYBE THEY'VE MOVED OUT OF STATE AND THEY'RE TRYING TO GO TO WORK FOR THEIR LOCAL GOVERNMENT TO THE MILITARY. THEY DO BACKGROUND CHECKS TO CPS. THEY DO BACKGROUND CHECKS AND THEIR WORK, MANY AGENCIES, LAWFUL GOVERNMENT AGENCIES DO BACKGROUND WORK AND THEY'RE REQUIRED TO SUBMIT REQUESTS TO US FOR BACKGROUND CHECKS. THIS WILL GIVE US A SINGLE PORTAL RIGHT NOW. WE DO THAT THROUGH THE EMAIL SYSTEM. THEY HAVE TO EMAIL A CERTAIN EMAIL ADDRESS AND THERE'S NO TRACKING TO THAT. THERE'S NO ACCOUNTABILITY. THERE'S NO WAY TO RUN REPORTS. THERE'S JUST NO WAY TO KEEP UP WITH IT. ALL THIS WE'LL PUT THIS INTO THE SAME MODULE THAT WE USE FOR PUBLIC INFORMATION REQUESTS, REDUCE STAFF TIME, IMPROVE EFFICIENCIES. FANTASTIC. EXCELLENT JOB. THANK YOU, CHIEF. I APPRECIATE YOU BEING SO WELL-PREPARED UH, SO A LARGE PART OF THE REASON WHY I PULLED THESE ITEMS, I KNOW KIND OF FRUSTRATING WHEN WE PULL CONSENT AGENDA ITEMS, BUT THERE WAS A PURPOSE BEHIND THIS WITH A LOT OF WHAT WE HAVE CHANGED AS FAR OR JUST PROMOTED AS FAR AS THE INITIATIVES OF, UH, COMMUNITY ENGAGEMENT, COMMUNITY POLICING, BEING INVOLVED, FREEING UP OUR OFFICER'S TIME. I HEARD THAT A LOT OF DIFFERENT TIMES THROUGHOUT HIS PRESENTATION OF THE HOURS, IT WILL SAVE DOING ALL THESE REPORTS AND COMPILING ALL THIS INFORMATION, THINGS LIKE THAT, AND FREES UP OUR OFFICERS TO BE ABLE TO GET BACK OUT IN OUR COMMUNITY, BUILDING RELATIONSHIPS, DOING THE OTHER THINGS. WE WANT TO SEE THEM DOING PATROLLING SUCH AND SO FORTH. SO THIS GOES IN LARGE EFFECT, AND THAT WAS THE PURPOSE OF ME HAVING YOU GO THROUGH ALL THAT 77% OF VOTERS. SO ABOUT 14, 15,000 VOTERS LAST NOVEMBER VOTED FOR, UH, THAT PROPOSITION IN ORDER TO IMPROVE THAT, UH, COMMUNITY ENGAGEMENT. I THINK ALL OF THESE DIFFERENT THINGS ARE DOING THAT ON TOP OF THAT, WE OBVIOUSLY [00:55:01] HAVE A NEW PUBLIC SAFETY CENTER THAT WE'RE BUILDING. THAT IS THE IDEA OF THAT IS TO ADVANCE US, MOVE US INTO THE FUTURE. TAKE US OUT OF, YOU TALKED ABOUT ANTIQUATED, UH, EXCEL SPREADSHEETS, TAKE US OUT OF ANTIQUATED, THE WELLS FARGO BUILDING, YOU KNOW, AND MOVING THIS CITY FOR, WITH, UH, THE SERVICES AND, UH, LEVEL OF, UH, UM, SERVICE AND PROTECTION AND, AND OVERALL AMENITIES THAT THE, THE CITY, UH, THE CITIZENRY WANTS. AND SO I APPRECIATE YOU DOING THAT CHIEF AND THANK YOU. AND THAT WAS THE PURPOSE BEHIND THAT COUNCIL. SO I APPRECIATE YOUR PATIENCE ON THAT. WITH THAT BEING SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 16. UM, IT'S MOVED BY COUNCIL MEMBER ELLISON, SECOND AMOUNT OF CUSTOMER FLORIST SCALE THAT WE APPROVE THAT YOU'RE NOT ITEM NUMBER 16. IS THERE DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. NEXT STEP. UH, JANETTA NUMBER [26.  Discussion and Possible Action regarding the possibility of creating a community garden. ~ Yvonne Flores-Cale, Council Member] 17, MARY. I'D LIKE TO SEE IF WE COULD MOVE UP. UH, JENNA ITEM NUMBER 26. UH, WE'VE GOT A YOUNG LADY OR IN THE AUDIENCE WITH HER DAD, UH, JUST LIKE TO GET THAT OUT OF THE WAY AND MAYBE GET THEM HOME AND ON HURLEY HOUR, ANY OBJECTIONS TO BRING AN ITEM 26 UP TO THE TOP. ALL RIGHT. NEXT UP ITEM NUMBER 26, DISCUSSION OF POSSIBLE ACTION REGARDING THE POSSIBILITY OF CREATING A COMMUNITY GARDEN COMES FROM A FLOOR SCALE. OKAY. I WANT TO THANK YOU, MR. RIZZO. THAT WAS VERY THOUGHTFUL. UM, SO, UM, AS I WAS SCROLLING THROUGH FACEBOOK, ONE DAY, I SAW A POST FROM A MS. MEGAN MURPHY, INQUIRING. IF RESIDENTS WERE INTERESTED IN CREATING A COMMUNITY GARDEN, THE RESPONSE WAS NOT ONLY IMPRESSIVE, BUT OVERWHELMING. SO I REACHED OUT TO MS. MURPHY AND ASKED HER IF SHE WANTED TO MEET UP TO DISCUSS HER IDEAS. WHEN I MET WITH MET WITH MS. MURPHY, I WAS BLOWN AWAY BY HER KNOWLEDGE AND EXCITEMENT REGARDING THE COMMUNITY GARDEN. SHE PROVIDED A PLETHORA OF INFORMATION, WHICH WAS EXTENSIVE AND DETAILED LATER ON. I WENT TO LAKE KYLE TO SIGN UP FOR A HALLOWEEN BOOTH WHILE THERE I SPOKE WITH MS. STACY ANDERSON, WHO INQUIRED ABOUT THE SAME COMMUNITY GARDEN POSTS. SHE HAD SEEN IT AS WELL. SHE TRIED TO SEARCH FOR IT, BUT WAS UNABLE TO LOCATE IT. SO THIS BRINGS ME TO HERE TONIGHT, I'M REQUESTING PERMISSION FROM COUNSEL FOR THE CITY MS. MURPHY AND OTHER VOLUNTEERS TOGETHER AND DISCUSS THE CREATION OF A COMMUNITY GARDEN. UM, AND IF, IF, UH, MS. MURPHY WOULD COME UP HERE AND JUST KIND OF GIVE US SOME OF HER BACKGROUND, UM, AND MAYBE DESCRIBE BRIEFLY HER INTEREST IN, UM, IN THIS COMMUNITY GARDEN. HELLO, I'M MEGAN MURPHY. UM, SOME OF YOU MIGHT RECOGNIZE ME. I USED TO BE ON KAYAK. UM, UH, I'M CURRENTLY AT ACC STUDYING TO BE A, UH, AGRICULTURAL SCIENCE MAJOR. I'M REALLY INTO GARDENING. I GOT INTO GARDENING, LIKE MY SENIOR YEAR OF HIGH SCHOOL CURRENTLY HAD A GARDEN, BUT I HAD SURGERY LIKE A COUPLE OF MONTHS AGO, SO I KIND OF LIKE DIED OFF AND I'M LOOKING TO GET IT STARTED UP AGAIN ONCE THE SPRING SEASON STARTS. AND I THOUGHT IT WOULD BE A GREAT OPPORTUNITY TO TRY AND SEE IF ANYONE ELSE WAS INTERESTED IN STARTING A GARDEN, JUST BECAUSE WE DON'T HAVE ONE IN KYLE AND THERE'S A BUNCH OF THEM IN AUSTIN. AND IT BRINGS THE COMMUNITY TOGETHER FROM WHAT I'VE SEEN. UM, I DON'T THINK SHE MENTIONED IT, BUT I ALSO REACHED OUT TO THEM TO SEE IF THEY COULD HELP US. AND THEY NO LONGER DO THAT, BUT THEY DID GIVE ME A BUNCH OF INFORMATION, LIKE THEIR, UH, SUPPORT, UH, CLASSES THAT THEY USED TO DO. SO I ALSO HAVE THAT INFORMATION, BUT WHAT WAS THERE? IT WASN'T REALLY FAIR TO GO WITH HERE. YOU'RE DOING GOOD. YOU'RE DOING GOOD. UM, AND UNBEKNOWNST TO ME, UM, THANK YOU FOR THAT. UM, DOES ANYBODY HAVE QUESTIONS FOR HER? NOPE. OKAY. UM, I, WHEN I WAS TALKING TO, UM, THE CITY EMPLOYEES, MS. STACY ANDERSON, SHE HAD SAID THAT THERE WAS TALK OF THIS PRIOR TO, AND SO I WAS LEARNING EVEN UP TO YESTERDAY. I WAS LEARNING LIKE TH THE CITY IS ALREADY KIND OF INTERESTED IN STARTING IN THIS. AND SO I WAS JUST CURIOUS AS TO LIKE, WHY HASN'T THIS BEGUN? UM, CAUSE THERE'S BEEN SUCH EXTENSIVE, LIKE MEGAN MURPHY'S INFORMATION THAT SHE PROVIDED ME WAS RIDICULOUS. I WAS LIKE, I, THESE ARE THINGS I WOULD HAVE NEVER THOUGHT OF. SO THERE'S NO BETTER TIME THAN THE PRESENT TO TRY TO BRING THESE, THE CITY AND RESIDENTS. UM, AND SO I DON'T KNOW IF ANYBODY HAS ANY QUESTIONS FOR, I KNOW MARIANA GAVE A LITTLE REPORT TO US, UM, AND I DON'T KNOW HOW FAR THAT HAS GONE. IT LOOKS LIKE THAT THEY MET WITH THE, UM, FOOD BANK IN MARCH OF 2021, BUT AT THE, AT THE TIME THAT I SPOKE WITH MS. MURPHY, I WASN'T AWARE MARIANA, COULD YOU COME UP AND JUST GIVE US A QUICK BRIEFING ON THAT? THANK YOU, MS. MURPHY. MARIANNA SPINOZA PARTS RECREATION DIRECTOR. [01:00:01] RIGHT. SO PRIOR TO MY ARRIVAL, I REV IN 2000, NOVEMBER, 2019, AND THE CITY HAD HAD PREVIOUS CONVERSATION WITH THE HAYES COUNTY FOOD BANK AND PARTNERING, UM, TO BUILD COMMUNITY GARDENS. UM, AND SO THIS MARCH OF THIS YEAR, I WAS LIKE, OKAY, WE GOTTA DO THIS. LET'S DO THE COMMUNITY GARDENS. IT'S ONE OF THE TASKS I WAS ASSIGNED. UH, STACY ANDERSON THAT COUNCIL MEMBER VON FLORES, CAL MENTIONED SHE'S ON OUR, OUR TRAILS TEAM IS VERY EXTREMELY PASSIONATE ABOUT GETTING THIS PROJECT MOVING FORWARD. SO WE MET WITH THE HAYES COUNTY FOOD BANK, THIS MARCH, AND TWO LOCATIONS FOR POSSIBLE COMMUNITY GARDENS HAD ALREADY BEEN IDENTIFIED BY THE CITY IN PARTNERSHIP WITH HAYES COUNTY FOOD BANK AND THAT'S POST OAK PARK AND, UH, SETON PARK. UH, AND SO HONESTLY, STACY AND I IN THE TEAM HAVE BEEN WORKING ON JUST TRYING TO GET VOLUNTEERS. UH, WE KNOW WHAT THE NEXT STEPS ARE THAT ARE NEEDED TO GET THE COMMUNITY, THE COMMUNITY GARDEN UP AND GOING. WE HAVE AN INTERN THAT WORKS WITH US WHO HAS DESIGNED AN INCREDIBLE GARDEN. AND SO RIGHT NOW WE'RE JUST RECRUITING VOLUNTEERS SO WE CAN GET THE PROJECT GOING. AND I THINK THAT'S PROBABLY HOW THE WORD GOT OUT. AWESOME. I'M GLAD THAT WE'RE PARTNERING WITH A PACE COUNTY FOOD BANK. UM, AS EVERYBODY KNOWS DURING THE PANDEMIC AND DURING OUR PHRASE, THEY WERE A KEY ALLY IN GETTING RESOURCES TO OUR CITY AND TO THE RESIDENTS. SO, UH, ANYTHING WE CAN DO TO GIVE BACK WOULD BE GREAT. SO THANK YOU FOR, UH, MOVING FORWARD ON THAT. YEAH. AND I JUST WANT TO SAY, I APPRECIATE STAFF'S, UH, ENTHUSIASM ABOUT BRINGING THIS FORWARD. UM, CERTAINLY I KNOW Y'ALL ALWAYS JUGGLING A MILLION DIFFERENT THINGS, BUT YOU ALL ARE ALL ALWAYS ALSO EAGER TO TAKE ON ANYTHING YOU CAN AND IMPROVE OUR COMMUNITY. SO I APPRECIATE THAT. I APPRECIATE YOU BACK THERE, STACY. AND I WANNA, I WANNA THANK, UH, UM, MEGAN FOR CONTINUING TO WANT TO BE INVOLVED IN HER COMMUNITY EVEN AFTER SERVING ON OUR YOUTH ADVISORY COUNCIL, WHICH IS KAYAK IS WHAT SHE MENTIONED BEFORE. AND SO IT IS QUITE, UH, WHERE YOU ALSO HEAR WHEN WE DID THE INCLUSIVE PLAY PARKS IN SUMMER OF 2018, WHERE YOU ON KAYAK THEN. OKAY. GOTCHA. GOTCHA. WELL, JUST THE, THE POINT OF BRINGING THAT UP IS, UH, UH, YOU MAY HAVE HEARD OF LIBERA DAY PARK. WE, UH, THAT WAS A FIRST NEW PARK WE BUILT SINCE THAT HAPPENED. AND, UH, IT WAS KAYAK THAT PROMOTED US TO BUILD INCLUSIVE, PLAY PARKS AND HAVE PLAY EQUIPMENT IN OUR PARKS. SO THE POINT HERE IS JUST THAT WE'RE CONTINUING TO GET ENGAGEMENT AND IDEAS FROM OUR YOUNG PEOPLE IN OUR COMMUNITY. AND THAT'S PRETTY EXCITING TO ME. UH, SO THANK YOU FOR CONTINUING TO WANT TO BE INVOLVED. AND THE PARK BOARD WE'LL BE DISCUSSING IT AT THEIR NEXT MEETING. UM, AS FAR AS THE NEXT STEPS TO GET THE PROJECT GOING, MOVING FORWARD. THANK YOU. DO I NEED TO MAKE A MOTION TO APPROVE THAT OR WAS THAT JUST DISCUSSION TO APPROVE WHAT I'M SORRY, UH, TO APPROVE, UM, MY REQUEST FOR PERMISSION FROM THE COUNCIL FOR MS. MURPHY AND THE CITY AND OTHER VOLUNTEERS TOGETHER AND DISCUSS THE CREATION OF A COMMUNITY GARDEN. UM, I GUESS AT SOME POINT I DIDN'T REALIZE IT WAS SO EXTENSIVE BECAUSE WHEN I HAD PREVIOUSLY INQUIRED IT, I DIDN'T GET ANY RESPONSE. SO THE COUNCIL DOESN'T NEED TO TAKE ACTION ON THIS. I, OKAY. ALL RIGHT. I ASKED SCOTT AND SCOTT SAID YES, SO, OKAY. THANK YOU. I THINK WE'RE GOOD. AND I THINK STAFF, UH, IS ALREADY WORKING ON THE DIRECTIONS. IT WAS GREAT. AND THANK YOU FOR BRINGING THIS FORTH. THANK YOU. THANK YOU. MM. ALL RIGHT. NEXT STEP, WHICH [17.  (First and Final Reading) An Ordinance of the City of Kyle Making a Finding of Special Benefit to the Property in the 6 Creeks Public Improvement District; Providing for the Method of Assessment of Special Assessments Against Property in Improvement Area #3 of the District; Approving an Assessment Roll for Improvement Area #3 of the District; Levying Assessments Against Property within Improvement Area #3 of the District; Providing for Payment of the Assessments; Providing for Penalties and Interest on Delinquent Assessments; Establishing a Lien on Property within Improvement Area #3 of the District; Approving a Service and Assessment Plan; Providing for Related Matters in Accordance with Chapter 372, Texas Local Government Code; Providing an Effective Date; and Providing for Severability. ~ Jon Snyder, P3Works, LLC, City's PID Administrator Public Hearing ] AN ITEM NUMBER 17 FIRST AND FINAL READING, UH, AN ORDINANCE OF THE CITY OF KYLE MAKING A FINDING OF SPECIAL BENEFIT TO THE PROPERTY IN SIX CREEKS, PUBLIC IMPROVEMENT DISTRICT, UH, PROVIDING FOR THE METHOD OF ASSESSMENT OF SPECIAL ASSESSMENTS AGAINST PROPERTY IN IMPROVEMENT AREA, NUMBER THREE OF THE DISTRICT, UH, APPROVING AN ASSESSMENT ROLE FOR IMPROVEMENT AREA, NUMBER THREE OF THE DISTRICT, UH, IT'S CETERA. UH, THIS ITEM HAS A PUBLIC HEARING. UH, YOU'RE NOT JOHN SNYDER. THAT IS CORRECT. UH, MAYOR AND COUNCIL THAT CASEY SCLAR FROM T3 WORKS. UM, YEAH. SO, UH, THE MAIN DOCUMENT ASSOCIATED WITH THIS AGENDA ITEM HERE, UH, THE SERVICE AND ASSESSMENT PLAN, UM, THE VAST MAJORITY, ALMOST ALL OF THE DOCUMENT IS IDENTICAL TO THE PRELIMINARY SERVICES ASSESSMENT PLAN, UH, WHICH WAS PASSED ON OCTOBER 4TH. UH, REALLY THE ONLY THINGS THAT HAVE CHANGED ARE THAT WE HAVE NOW OFFICIALLY, UH, PRICED THE BONDS. SO WE HAVE ACTUAL INTEREST RATES, UH, IN OUR MODEL, UH, WHICH WE'RE BASING THINGS OFF OF. SO PREVIOUSLY WE WERE JUST USING ESTIMATES FOR THOSE RATES THERE, UM, 4%, BOTH FOR THE, UH, INITIAL BOND THAT IS BEING LEVIED AND ALSO FOR THE REIMBURSEMENT OBLIGATION. UM, WE CAN TALK MORE ABOUT THE SPECIFIC, UH, BOND PRICING IN A MINUTE, BUT ESSENTIALLY THE EFFECTIVE INTEREST RATE ON THE BONDS IS AROUND A 3.8%. UH, THE REIMBURSEMENT OBLIGATION HAS CHANGED SLIGHTLY AS WELL, BUT OVERALL, UH, EVERYTHING IS, UH, PRETTY SIMILAR THERE, UH, TO WHAT WAS APPROVED, UH, JUST A QUICK OVERVIEW OF IMPROVEMENT AREA NUMBER THREE, AND, AND KIND OF THE BONDS ASSOCIATED WITH THIS. UH, [01:05:01] IT'S VERY SIMILAR TO THE TWO IMPROVEMENT AREAS THAT ARE ALREADY THERE. UH, RESIDENTIAL LOTS FAIRING FROM 55 FEET UP TO 70 FEET. UM, I CAN GO INTO ANY SPECIFICS THAT YOU WANT, BUT, UM, JUST KIND OF THAT ANNUAL INSTALLMENTS ASSOCIATED, UM, FOR EACH OF THOSE LOTS IS GOING TO KIND OF RANGE IN THE 2,900 TO $4,000 RANGE. UM, AND LIKE I SAID, THOSE ANNUAL INSTALLMENTS ARE NOW UPDATED TO REFLECT THE ACTUAL INTEREST RATES. UM, SO I'M AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE ABOUT THE SERVICE AND ASSESSMENT PLAN OR IMPROVE AN AREA NUMBER THREE, OR, UH, ANYTHING ASSOCIATED WITH THAT. THANK YOU. THIS ITEM HAS A PUBLIC HEARING. DOES ANYBODY HAVE ANY QUESTIONS BEFORE I OPEN THE PUBLIC HEARING? UH, OKAY. UH, IF THERE ARE NO OBJECTIONS I'M GONNA OPEN THE PUBLIC HEARING. NOW, THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE THE PUBLIC HEARING, UH, ANY, UH, FURTHER QUESTIONS, CUSTOMER FLOORS, KALE. THANK YOU. UM, SO EXCUSE MY GREENNESS, BUT I AM, DON'T COMPLETELY UNDERSTAND HOW THESE PIDS WORKS. UM, AND SO IF YOU COULD JUST KIND OF GIVE A BRIEF, UH, LIKE OVERVIEW, NOT JUST FOR ME, BUT FOR ANYBODY WHO'S WATCHING AND MAY NOT UNDERSTAND, AND MAYBE INTERESTED IN BUYING A HOME IN THIS AREA, HOW A PAD WORKS. YEAH. SO A PIT STANDS FOR PUBLIC IMPROVEMENT DISTRICT. SO ESSENTIALLY WHAT WE'RE DOING IS THAT WE ARE, UH, LIVING ASSESSMENTS AGAINST ANY PROPERTIES THAT ARE GOING TO BE BUILT IN THIS AREA, UM, AND ISSUING BONDS ASSOCIATED WITH THAT. UM, SO THE, THE MAIN BENEFIT IS THAT WE'RE GENERATING FUNDS, WHICH ARE USED TO FINANCE THE PUBLIC IMPROVEMENTS. SO THINGS LIKE ROADWAYS, WATER IMPROVEMENTS, WASTEWATER, WHICH ARE, ARE NEEDED TO DEVELOP IN THESE AREAS. UM, SO IF YOU WERE TO PURCHASE A HOME IN THIS PROPERTY, YOU WOULD HAVE THIS SPECIAL ASSESSMENT LEVIED ON YOUR PROPERTY, WHICH WILL BECOME PART OF THE PROPERTY TAXES, WHICH YOU PAY ANNUALLY. UM, SO THE, THE ANNUAL INSTALLMENT SCHEDULES ARE INCLUDED, WHICH, WHICH SHOWED KIND OF EACH TYPE OF LOT. UM, SO, UH, THE 55 FOOT LOTS ARE GOING TO BE THE CHEAPER HOMES IN THE AREA, WHICH ARE GOING TO HAVE A PROPORTIONALLY SMALLER, SPECIAL ASSESSMENT. UH, WHEREAS THE MORE EXPENSIVE HOMES WILL HAVE KIND OF THE HIGHER ONES. UM, SO IT IS SOMETHING THAT GOES INTO THE PROPERTY TAX RATE, UH, THAT IS BEING PAID, UM, BY THE EVENTUAL HOMEOWNER. GOT IT. SO CAN I ASK, SO INITIALLY THE CITY SELLS THE BONDS, IS THAT CORRECT? UM, SO THESE ARE, UM, WE HAVE, UH, ROBERT BARRETT FROM FMS BONDS WHO CAN TALK MORE ABOUT THE SPECIFICS OF THE BONDS, BUT THESE ARE, UH, SEPARATE FROM YOUR TRADITIONAL CITY BONDS AND THAT THEY ARE PIDS SPECIFIC BONDS BECAUSE THEY'RE NON-RECOURSE RIGHT. SO THERE'S NOT LIKE A LIABILITY TO THE CITY. IT'S JUST THE CITY SELLS THEM. IS THAT CORRECT? THEY ARE CITY OF KYLE LAWNS. OKAY. AND THEN WHEN THE HOME SELLS THAT LIABILITY, DIDN'T GOES TO THE, YEAH. SO THE ASSESSMENT DOES RUN WITH THE LAND. SO, UM, CURRENTLY IT'S JUST, UH, ONE PARCEL THAT'S OWNED BY THE DEVELOPER, BUT IT'LL EVENTUALLY BE PLANTED INTO 200 OR SO LOTS, UH, AND EACH INDIVIDUAL LOT THE ASSESSMENT RUNS, UH, UPON THE SALE. OKAY. SO IS THE ASSESSMENT BASED ON THE VALUE, THE HOME OR THE SIZE OF THE HOME? UM, SO, UM, IT IS KIND OF BOTH. SO EACH SIZE OF LOT, UH, WE'RE USING CERTAIN VALUE ESTIMATES OF WHAT THOSE HOMES ARE GOING TO BE SOLD FOR. UH, SO THERE'S THREE DIFFERENT LOT TYPES WITHIN THIS IMPROVEMENT AREA. UH, 55 FOOT UP TO 70 FOOT LOTS. UM, SO EACH OF THOSE, UH, KIND OF GETS THEIR CORRESPONDING ASSESSMENT. OKAY. I LIKED, I LIKE THIS OUT OF 70 FOOT LOTS. I DO APPRECIATE THAT. OKAY. WELL THAT'S ALL THE QUESTIONS I HAVE, SO I APPRECIATE YOUR ANSWERS. THANK YOU. ANY OTHER QUESTIONS, COMMENTS, MOTIONS, MAYOR. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 17. SECOND, IT'S MOVED BY COUNCILOR RIZZO. SECOND BY CUSTOMER TOBY IS THAT WE APPROVE AGENDA ITEM NUMBER 17. IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. NEXT [18.   (First and Final Reading) An Ordinance Authorizing the Issuance of the City of Kyle, Texas Special Assessment Revenue Bonds, Series 2021 (6 Creeks Public Improvement District Improvement Area #3 Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of such Bonds; Providing an Effective Date. ~ Jon Snyder, P3Works, LLC, City's PID Administrator Public Hearing ] UP. AGENDA ITEM NUMBER 18. UH, FIRST AND FINAL READING. UH, JENNIFER, DO WE NEED IT'S FINAL READINGS SO THERE'S NO, IT DOESN'T MATTER IF THERE'S NO. OKAY. ALL RIGHT. NEXT STEP AGENDA ITEM NUMBER 18 FIRST AND FINAL READING ORDINANCE AUTHORIZING THE ISSUANCE OF THE CITY OF KYLE TEXAS SPECIAL ASSESSMENT REVENUE BOND SERIES 20 21 6 CREEKS AREA THREE PROJECT. UH, THIS ITEM HAS A PUBLIC HEARING AS WELL. MR. SNYDER, NOT MR. SNYDER. SORRY. YES, I'M PLAYING THE ROLE OF MR. SANDERS. YEAH, SO, UH, LIKE I MENTIONED TO TALK MORE ABOUT THE BONDS, UM, I'LL, I'LL CALL IT MR. ROBERT FROM FMS BONDS. OKAY. THANK YOU. CASEY. MARIN COUNCIL. IT IS PRIVILEGED HERE TO BE WITH YOU HERE TONIGHT. SO GRATEFUL FOR THE RESPONSIBILITY THAT YOU'VE GIVEN OUR FROM FMS TO TAKE THE BONDS [01:10:01] TO MARKET. UH, WE HAD A VERY SUCCESSFUL PRICING FOR ALL THE BONDS. THERE WAS GREAT INVESTOR INTEREST. UM, THE NEAT THING IS THAT INVESTORS OF THESE BONDS HAVE A CERTAIN LEVEL OF EXPECTATION. AND THE CITY OF KYLE IS DEFINITELY ONE THAT INVESTORS HAVE A LOT OF INTEREST IN. UH, COUNCIL MEMBER ASKED A QUESTION EARLIER ABOUT THE NON-RECOURSE STATUS AND SO FORTH CITIZENS AT HOME WHO ARE WATCHING THIS, THE BONDS, ALTHOUGH THE CITY OF KYLE ARE ISSUING THE BONDS. IT IS THE PRIVATE PROPERTY OWNER WHO IS THE ONES WHO WILL BE REPAYING THAT ASSESSMENT MOVING FORWARD. SO IT IS DEFINITELY A GOOD PRICE IN THAT WE HAD, UH, HAVING SAID THAT, UM, TODAY WOULD NOT BE AVAILABLE FOR, UM, SUCH A GOOD PRICING WITHOUT THE HARD WORK OF YOUR CITY MANAGER OR YOUR CITY ATTORNEY, UH, YOUR BOND COUNCIL, GREGORY MILLER FROM BIGGER STAFF, CASEY, AND YOUR AWESOME FINANCIAL DIRECTOR AND ALSO YOUR FINANCIAL ADVISOR, CHRIS ALLEN. SO THEY COLLECTIVELY DONE A GREAT JOB FOR THE CITY. UH, SO WITH THAT, UM, YOU KNOW, WE'VE, UH, I THINK PUT Y'ALL IN A GOOD POSITION TO MAKE A DECISION AND I'LL HAND IT BACK OVER TO, WELL, THIS ITEM HAS A PUBLIC HEARING. IS THERE ANY OBJECTION TO ME OPENING UP THE PUBLIC HEARING, SEEING NONE. I'LL GO AHEAD AND OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE? I'LL GO AHEAD AND CLOSE THE PUBLIC HEARING. IS THERE ANY FURTHER QUESTIONS, COMMENTS, MOTIONS I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 18. UH, IT'S MOVED BY COUNCIL MEMBER RIZZO SECONDED BY COUNSELOR. TOBIA THAT WE APPROVE AGENDA ITEM NUMBER 18. IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. THANK YOU. NEXT STEP. [19.   (First Reading) An ordinance of the City of Kyle, Texas annexing 2.548 of land, more or less, located at 4750 Dacy Lane, Hays County, including the abutting streets, roadways, and rights-of-way into the corporate limits of the City, at the request of the property owner; approving a service plan for the annexed area; making findings of fact; providing a severability clause and an effective date; and providing for open meetings and other related matters. (ANNX-21-0011) ~ Will Atkinson, City Planner   Public Hearing ] UH, AGENDA ITEM NUMBER 19. FIRST READING AN ORDINANCE OF THE CITY OF KYLE TEXAS ANNEX IN 2.548, UH, UH, 5, 4, 8, UH, ACRES OF LAND, MORE OR LESS LOCATED AT 47 50 DACEY LANE. UH, THIS ITEM ALSO HAS A PUBLIC HEARING. MR. ATKINSON. WELL, I COULD SEND FOR THE RECORD CITY PLANNER, UH, BEFORE YOU, WE HAVE AN ITEM THAT WE ARE DOING VOLUNTARY ANNEXATION FOR. UM, WE SHADOW CREEK MUD HAS CONSENTED TO THE ANNEXATION, AND THIS IS JUST A HUT IS TO HELP US HAVE A CONTIGUOUS BOUNDARY WITH THE CITY LIMITS FOR A FUTURE DEVELOPMENT, JUST NORTH OF SHADOW CREEK. AND IT'S AS SIMPLE AS THAT. THANK YOU, MR. ATKINSON. UH, THIS ITEM HAS A PUBLIC HEARING. SO IF THERE ARE NO OBJECTIONS, I'M GOING TO GO AHEAD AND OPEN UP THE PUBLIC HEARING. NOW A PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE. THE PUBLIC HEARING IS NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? MOTIONS, CUSTOMER FLOOR SCALE. THANK YOU. UM, SO MR. SELLERS HERE, OKAY. MAYBE, MAYBE WE'LL GET TO ANSWER THIS. SO I HAVE TWO QUESTIONS. I'M LOOKING AT THE LAND OWNER, UH, AUTHORIZATION AND AFFIDAVIT OF OWNERSHIP. IT LOOKS LIKE THE OWNER IS A MUD, OR WILL WE BE AN EXCEEDING A MUD? WHAT WILL WE BE ANNEXING IN A MUD? WE'LL BE ANNEXING A PORTION OF THE MUD, UM, THAT THE LAND THAT THEY OWN AND THEY HAVE CONSENTED TO THAT. SO WHAT DOES THAT MEAN? WE'RE GOING TO TAKE ON SOME, ANY OF THOSE LIABILITIES? NO. OKAY. UM, AND THEN IN THE MEMORANDUM, UM, IT SAYS PER DEVELOPMENT AGREEMENT THAT IS CURRENTLY BEING DRAFTED WAS THAT, WAS THAT A DEVELOPMENT AGREEMENT YET DRAFTED THE HILLSIDE TERRACE DEVELOPMENT AGREEMENT, WHICH IS WHAT WE'RE REFERRING TO. IT'S STILL IN REVIEW WITH STAFF. OKAY. CAUSE IF I'M LOOKING AT THE MAP CORRECTLY, IT LOOKS LIKE IT'S JUST A LONG LINE THAT WE'RE GOING TO ANNEX IN. SO MY QUESTION IS, DO WE NEED TO ANNEX ALL THIS? IF WE DON'T KNOW IF WE'RE GOING DO OR WHAT THE AGREEMENT'S GOING TO LOOK LIKE, OR IF WE'RE EVEN GOING TO GO THROUGH WITH IT, UM, TO MAKE THIS CAUSE I THINK THE WHOLE GOAL IS TO HAVE THESE TOUCH, CORRECT? THAT IS CORRECT. UH, WE DO KNOW THE BOUNDARIES OF THE LIMITS OF THAT DEVELOPMENT AGREEMENT. THAT'S BEING CONSIDERED. THAT'S GOING THROUGH STATS REVIEW BEFORE WE BRING IT TO YOU. SO I GUESS MY FEAR IS IF WE, IF SOMETHING HAPPENS TO THIS DEVELOPMENT AGREEMENT AND WE NO LONGER NEED IT, NOW WE HAVE ANNEX IN THE SLITHER THAT MIGHT MAKE IT DIFFICULT LATER ON SCOTT SOLACE FOR THE RECORD. SO, UH, WE ARE WORKING ON A COUPLE OF DEVELOPMENTS FURTHER OUT IN SUB. THIS ONE CONNECTION PIECE IS SHADOW CREEK, BASICALLY OFFERING UP THAT AREA. IT'S A GREEN BELT. IT'S NOT REALLY PART OF A [01:15:01] FUTURE DEVELOPMENT FOR THEM. SO, UH, THAT GREEN BELT WOULD BASICALLY BE FOR THE CONTIGUITY FOR GETTING UP TO THAT, THOSE FEATURE AREAS AND WHETHER OR NOT THE CURRENT DEVELOPER THAT IS WORKING ON A DEVELOPMENT AGREEMENT WITH THE CITY ULTIMATELY DEVELOPS OR NOT. THEY DO HAVE SOME SORT OF LAND CONTROL OVER THAT PROPERTY RIGHT NOW. AND, UH, I THINK THE, YOU KNOW, ANY FUTURE DEVELOPMENT THAT HAPPENS OUT THERE WOULD BE SUBJECT TO ANNEXATION BY THE CITY. THANK YOU. SO MY NEXT QUESTION WOULD BE TO, UM, PAGE, IF, ARE THERE ANY LIABILITIES THAT COME ALONG WITH AN EXENE, ANY PART OF THIS MUD, THE ANNEXATION ORDINANCE CONTAINS A DEVELOPMENT AGREEMENT. UH, AND SO ANY LIABILITIES OF THE CITY ARE DETERMINED BY THAT SERVICE PLAN AGREEMENT AND IT'S PRETTY STANDARD. IT'S WHAT YOU OBLIGATE YOURSELF TO WHENEVER YOU ANNEX PROPERTY, WHICH IS PROVIDING YOU ALL YOUR MUNICIPAL SERVICES AND INCLUDING MAINTENANCE OF ANY ROADS AND EXTENSION OF UTILITIES, THOSE TYPES OF THINGS, BUT THE STRIP DOESN'T HAVE ANY ROADS IN IT. SO YOU DON'T HAVE TO WORRY ABOUT THAT. AND THEN EXTENSION OF UTILITIES IS TYPICALLY AT THE DEVELOPER'S EXPENSE. SO GIVEN THE TYPE OF PROPERTY YOU'RE ANALYZING THE, THE, THE LIABILITIES ARE FAIRLY LOW. OKAY, THANK YOU. THERE IS A TRAIL NETWORK CONNECTION THROUGH THIS AREA. AT SOME POINT THAT WOULD BE FUNDED EITHER BY THE CITY OR THE DEVELOPER THAT IS TO THE NORTH MAYER, LIKE TO MAKE A MOTION TO APPROVE WHAT AGENDA ITEM 19, START AGAIN. IT'S BEEN MOVED BY CUSTOMER RIZZO, SECONDED BY COUNCIL MEMBER ELLISON THAT WE APPROVE AGENDA ITEM NUMBER 19. IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES FIVE TO ONE [20.   Consider a request for a comprehensive plan amendment to add Warehouse ‘W’ and Construction Manufacturing ‘CM’ Zoning Districts to the ‘Regional Node’ Land Use District in the Comprehensive Plan, in the City of Kyle, Texas. (Caraway Cattle Co. Family Partnership – Z-21-0087) ~ Will Atkinson, City Planner   Planning and Zoning Commission voted 6-0 to recommend approval.   Public Hearing ] NEXT UP AGENDA ITEM NUMBER 20, CONSIDER A REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT TO ADD WAREHOUSE AND CONSTRUCTION MANUFACTURING, ZONING DISTRICTS TO THE REGIONAL NODE LAND USE DISTRICT IN THE COMPREHENSIVE PLAN. UH, THIS ITEM HAS A PUBLIC HEARING. UM, MR. ATKINSON, UH, WELL, I CAN SEND FOR THE RECORD CITY PLANNER. UM, WE TOUCHED ON THIS LAST WEEK OR THE LAST TIME WE MET, UM, THIS IS SIMPLY ALLOWING FOR THE CONSIDERATION OF THE WAREHOUSE AND THE CONSTRUCTION MANUFACTURING, ZONING DISTRICTS ALONG ESSENTIALLY. WHERE A COMBINATION OF STAFF AND CITY COUNCIL FINDS APPROPRIATE. THERE'S SOME PLACES WHERE IT IS AND THERE'S SOME PLACES THERE'S NOT. AND WE, IT JUST DEPENDS ON WHEN PEOPLE COME AND TALK WITH US TO SEE HOW WE FLUSH THAT OUT. UH, CURRENTLY WE CAN'T ALLOW IT UNLESS IT'S ALREADY ZONED, BUT THIS PROVIDES A LITTLE BIT OF MORE FLEXIBILITY TO DO TO THAT POINT. UH, DO Y'ALL HAVE ANY QUESTIONS FOR ME? UM, BEFORE WE GO INTO QUESTIONS, THIS ADAM HAS A PUBLIC HEARING. SO IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN UP THE PUBLIC HEARING. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE I'M GOING TO CLOSE THE PUBLIC HEARING. IT'S NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS FOR MR. ATKINSON CUSTOMER HEALTH COUNSELOR? TOBY'S THANK YOU. UH, SO PRETTY MUCH WHAT WE'RE ASKING FOR IS THAT WHEN WE MAKE AN AMENDMENT TO WHATEVER WE'RE DOING REZONING, YOU'RE JUST BASICALLY ADDING THE W AND THE CM TO IT TO BASICALLY IDENTIFY WHAT WOULD BE A WANTING REZONING FOR THAT AREA. YES, WE'RE, WE'RE RECOMMENDING THAT IT'D BE ALLOWED CONDITIONALLY, NOT NECESSARILY RECOMMENDED CAUSE NOT ALL PARTS OF THE CITY, UM, IT'S APPROPRIATE, BUT WHERE WE COULD CONSIDER IT, IF IT'S FOUND APPROPRIATE, COMES FROM RELEVANT, DID YOU COME PREPARE IT WITH A MAP SHOWING THE REGIONAL NODE? YES. WHILE YOU'RE GETTING THAT PULLED UP. UM, SO YOU MENTIONED IN YOUR OPENING THAT ESSENTIALLY, SO I GUESS, LET ME SAY IT THIS WAY. UM, SO WE'RE MAKING A REQUEST HERE, AMEND THE COMPREHENSIVE PLAN. WE HAVE FUNDED IN THIS YEAR'S FISCAL BUDGET TO START AT OCTOBER 1ST FOR A NEW COMPREHENSIVE PLAN. I KNOW THAT THERE'S A DESIRE TO FILL THE PLANNING DIRECTOR POSITION PRIOR TO DOING THAT. UNDERSTANDABLY SO, UM, BUT THE MAIN REASON WHY WE'RE NOT WAITING FOR THAT THIS AMENDMENT AND THESE CHANGES WILL BE DONE THROUGH A COMPREHENSIVE PLAN REWRITE IS BECAUSE WE HAVE A REQUEST NOW FOR THESE, FOR THESE, UH, ZONING AND THE REGIONAL NODE WE WE'VE HAD, UM, THERE'S AT LEAST ONE THAT'S ACTIVE RIGHT NOW IN ANOTHER PART OF THE CITY. UH, THE ONE THAT'S ASSOCIATED WITH THIS ONE SPECIFICALLY [01:20:01] THAT THEY ORIGINALLY ASKED FOR, UH, WERE KIND OF PULLED BACK FROM THAT, BUT THERE'S ANOTHER ONE THAT IS ALSO AFFECTED BY THE SAME ISSUE. SO YES, WE DO HAVE MULTIPLE OR EXCUSE ME, AT LEAST ONE, UM, THAT THEY ARE ASKING. SO, AND IT'S, UH, AS WE DON'T KNOW THE FUTURE AND HOW QUICKLY WE'LL BE HIRING A PLANNING DIRECTOR, WE DON'T KNOW WHEN WE'RE GOING TO START THE COMPREHENSIVE PLAN THOUGH, FOR REWRITES. THIS IS, UM, THIS IS A SMALL WAY THAT WE CAN BEGIN TO SAY YES, WHERE WE FIND IT APPROPRIATE, IF THAT MAKES SENSE. SO LET ME, UH, PULL UP THE MAP, BEAR WITH ME JUST A MOMENT. OKAY. OKAY. SO THE BIGGEST AREAS AFFECTED BY IT, UM, WHERE IT COULD BE CONSIDERED IS NORTH ALONG THE AND THEN SOUTH ALONG I 35, UH, THE MIDDLE OF THE MIDDLE OF TOWN. UM, THEY'RE NOT PART OF THE REGIONAL NODE. THE SUPER REGIONAL NODE IS NOT AFFECTED BY THE QUERY TRANSITION. UM, BUT THE, THE PARTS ARE, WE'RE SEEING A LOT OF INTEREST IN, UM, IS IN THE SOUTHEAST PORTION, UH, CURRENTLY. SO HOLD ON 35, STILL ALONG THE CORRIDOR. AND I APPRECIATE THAT. I KNOW, UH, WE DON'T ALWAYS SEE THIS MAP I'VE I WAS AROUND WHEN THIS MOUNTAIN WAS CONSTRUCTED. SO I JUST KIND OF WANTED MY COLLEAGUES AND THE PUBLIC, OF COURSE, TO SEE WHAT AREAS THAT THIS WOULD, UH, CONSIST OF, UM, ADDING THAT ZONING CATEGORY. AND CERTAINLY I UNDERSTAND CONDITIONAL USE, BUT IT DOES OPEN THAT OPPORTUNITY FOR, UM, FOR APPLICANTS TO, UH, REQUEST THAT. UH, AND I CERTAINLY UNDERSTAND THAT THERE'S A PROCESS WHEN IT'S CONDITIONAL FOR THAT TO BE REVIEWED BY P AND Z AND A RECOMMENDATION MADE TO COUNCIL. UM, I, YOU KNOW, I, I CERTAINLY UNDERSTAND, WE DON'T KNOW WHAT THE FUTURE WILL HOLD AS FAR AS HOW QUICKLY WE'LL GET THE POSITION FIELD, HOW SOON WE'LL GET STARTED ON THE COMPREHENSIVE PLAN, HOW SOON THAT WILL GET FINISHED AND ALL THOSE DIFFERENT THINGS. UM, BUT I THINK IF, IF WE PRIORITIZE IT, IT WILL GET COMPLETED. UM, AND SO, UM, I, I, YOU KNOW, I LIKE TO DO THESE THINGS HOLISTICALLY PERSONALLY, UH, TOGETHER AND, AND GET, UH, VARIOUS BITS OF INPUT, INCLUDING FROM OUR CITIZENRY ON THESE CHANGES TO THE COMPREHENSIVE PLAN, BECAUSE WE GET QUESTIONS ALL TIME, UM, ABOUT, YOU KNOW, WE GOT, SOME OF US GOT AN EMAIL ABOUT APARTMENTS, UH, COMING UP IN AN AREA THAT THEY DIDN'T LIKE AND, UH, OTHER DIFFERENT THINGS WHILE A LOT OF THAT IS DRIVEN BY THE COMPREHENSIVE PLAN BECAUSE OF WHERE THE ZONING IS ALLOWED. AND A LOT OF FOLKS DON'T REALIZE HOW THAT WORKS. I UNDERSTAND THAT I CERTAINLY DIDN'T BEFORE I WAS ON P AND Z. UM, BUT ONCE, ONCE THAT IS, WE HAVE THAT ZONING IN PLACE. UM, AND THERE'S A NUMBER, A NUMBER OF DIFFERENT ZONING CATEGORIES AND APPLICATE CAN CHOOSE FROM WE'RE, WE'RE OPENING OURSELVES UP TO CERTAINLY EVERY USE THAT IS ALLOWED WITHIN THAT ZONING CATEGORY. AND, UM, FIRST I'D JUST LIKE TO TAKE A MORE, UH, METHODICAL AND STRATEGIC APPROACH TO WHEN DOING THAT. BUT THANK YOU FOR PREPARING, UH, THE MAP AND THE EXPLANATION TODAY. THANK YOU. MAYBE WE'LL CAN WE GET A COPY OF THIS MAP, EMAIL TO, YES, SIR. THANK YOU CUSTOMER. THANK YOU. UM, SO YOUR STATEMENT OF, SO WE CAN CONSIDER IT, DOES THAT MEAN RIGHT NOW WE CURRENTLY, IF A WAREHOUSE WANTED TO GO THERE, WE CAN'T EVEN CONSIDER IT CORRECT. THE COMPREHENSIVE PLAN IS OUR FOUNDATION OF HOW WE ALLOW THINGS TO DEVELOP IN THE CITY. UM, AND THERE'S CASE LAW BACKING IT UP AND EVERYTHING. SO IF, IF YOU ALLOW A ZONING DISTRICT THAT IS NOT ALLOWED FOR THAT IN THAT CITY, FOR THE COMPREHENSIVE PLAN, IT CAN BE CONSIDERED A SPOT ZONING AND THAT IS ILLEGAL. SO IF, IF WE'RE GOING ABOUT STARTING TO ALLOW OR WANTING CERTAIN TYPES OF DEVELOPMENTS AND THE COMPREHENSIVE PLAN DOESN'T SUPPORT IT, IT HAS TO BE AMENDED. OKAY. UM, IS THIS ONE IN PARTICULAR, STILL TABLED CAUSE THE LAST OF THE CORRESPONDENCE SHOWS THAT IT'S TABLED. SO I WAS JUST KIND OF CURIOUS, IS THAT TOO, THE ANNEXATION THAT WAS ORIGINALLY ASSOCIATED WITH THIS REQUEST FOR THE COMPREHENSIVE PLAN AMENDMENT HAS BEEN TABLED, IT CAN BE BROUGHT BACK. UM, [01:25:01] THE, IT IS STAFF'S RECOMMENDATION THAT THIS SPECIFIC ITEM, THE COMPREHENSIVE PLAN ACTUALLY MOVED FORWARD. UM, SO WE CAN, UM, BEGIN TO FIND SOME RESOLUTION ON ONE OF THE OTHER PROPERTY OWNERS AS WELL. THEY'VE BEEN ASKING QUESTIONS AND WHAT HAVE YOU, CAN WE, CAN WE, CAN WE, SO, UM, THEY DID REQUEST IT, BUT Y'ALL HAVE THE AUTHORITY TO SAY, WELL, WE'RE GOING TO MOVE FORWARD WITH IT, OR THIS CAN BE TABLE TWO. IT'S UP TO Y'ALL. OKAY. WELL, I AM A BIG SUPPORTER OF THE COMPREHENSIVE PLAN AND, UH, I UNDERSTAND WHERE MANY OF US SIT ON THE IDEA OF, OF HAVING A COMPREHENSIVE PLAN. AND I CAN'T SAY ENOUGH THAT WE HAVE PLANS FOR OUR HOMES. WE HAVE PLANS FOR OUR FINANCES. WE HAVE PLANS FOR OUR FUTURE, UM, INDIVIDUALLY. SO IT LITERALLY BLOWS MY MIND THAT WE HAVE TO, THAT WE HAVE NOT ALREADY STARTED A COMPREHENSIVE PLAN. AND WHEN I SAY ALREADY, I MEAN, WE COULD HAVE DONE IT YESTERDAY. UM, I AM GOING TO BE HESITANT FROM HERE ON OUT TO APPROVE ANYTHING THAT HAS TO DO WITH THE COMPREHENSIVE PLAN, BECAUSE I'M GOING TO BE HONEST IF WE TOOK THE NEXT YEAR AND A HALF TO DO A COMPREHENSIVE PLAN, THAT WOULD GREATLY ELIMINATE A LOT OF THESE REZONES AND, AND, AND THIS, THIS AGENDA ITEM IN PARTICULAR. UM, SO I I'M DONE KICKING THIS CAN DOWN THE ROAD, I GUESS ESSENTIALLY IS THE WORDS OF, UH, MY FELLOW COUNCIL MEMBER, UM, THE SAME THAT SOME PEOPLE WANTED A NEW POLICE DEPARTMENT. UM, I WANT A NEW COMPREHENSIVE PLAN. AND SO I WOULD REALLY LIKE TO SEE SOME ADVOCATE ADVOCATES FOR THAT. UM, SO UNFORTUNATELY UNTIL WE GET A NEW COMPREHENSIVE PLAN, IT'S GOING TO BE A HARD, NO, FOR ME. UM, I THINK WE'VE ALL ADVOCATED FOR A COMPREHENSIVE PLAN. WE JUST WANTED TO MAKE SURE THAT WE HAD ALL THE ELEMENTS IN PLACE AND WE'RE DOING THAT NOW. WE'VE GOT IT ALLOCATED IN OUR BUDGET AND WE'RE MOVING FORWARD NOW IS GETTING THE PLAN DIRECTOR. NOW, DO WE STOP PROGRESS? CAUSE WE'RE WAITING ON A PLAN. I DON'T BELIEVE WE DO. AND ONE REASON WHY IS THAT WE HAVE LANDOWNERS OUT THERE THAT, UM, ARE LOOKING TO, UH, DEVELOP THEIR PROPERTY. ARE YOU GOING TO TELL THEM TO WAIT A YEAR AND A HALF? UH, I DON'T THINK THAT'S WISE. I THINK WE'VE GOT THIS IN FRONT OF US. WE CAN MOVE FORWARD. UM, I KNOW THAT YOU WANT A COMPREHENSIVE PLAN AND IT'S COMING. I MEAN, WE'RE, WE'VE GOT THE FUNDS ALLOCATED, WE'RE WORKING FORWARD. I THINK WE'RE PROBABLY CLOSER THAN WE'VE EVER BEEN. I THINK WE'VE GOT MORE OF THE BUY-IN FROM COUNCIL AS WELL. SO, UH, TRYING TO HOLD THING ITEMS HOSTAGE FOR A COMPREHENSIVE PLAN, I THINK IS A MUTE POINT BECAUSE WE'RE ALREADY MOVING FORWARD WITH IT. I THINK HOLDING HOSTAGE IS KIND OF A NO, AND I UNDERSTAND THAT, BUT RIGHT NOW THERE'S NOTHING RIGHT NOW BEING HELD HOSTAGE. THIS, THIS, THIS WHOLE AGENDA ITEM IS ON HOLD. SO THERE'S NO, THEY HELD THEMSELVES UP, BUT I'M SAYING THAT WE ARE ONE STEP CLOSER. I DON'T BELIEVE THAT FOR THE COMPREHENSIVE PLAN. ONE BIT, I KNOW TWO YEARS AGO, MAYBE A YEAR AGO, UM, WE WERE A LITTLE BIT CLOSER AND THERE WAS A TASK FORCE CREATED AND, AND FROM THAT CAME A NO VOTE. SO I DON'T UNDERSTAND HOW WE COULD BE CLOSER TODAY WHEN IT HASN'T EVEN BEEN PUT ON AN AGENDA THAN WE WERE, YOU KNOW, MONTHS AGO. AND TO SAY THAT WE'RE HOLDING IT HOSTAGE IS REALLY NOT NICE. IT'S KIND OF UNFAIR. CAUSE I DON'T, I HAVE, I WOULD LOVE TO SEE A COMPREHENSIVE PLAN. WE CAN GIVE THAT TO THE DEVELOPERS. THEY CAN UNDERSTAND WHAT WE WANT AS A CITY, AS RESIDENTS, WHAT OUR EXPECTATIONS ARE. AND THEN THEY WOULDN'T HAVE TO COME TO US EVERY SINGLE TIME TO GET TO BE PUT ON THE AGENDA AND WAIT THIS WHOLE TIME TO GET A YES OR NO, THEY WOULD JUST KNOW. AND I THINK IT WOULD MAKE WILL'S JOB EQUALLY EASIER. DOES, UH, DOES ANYBODY WANT TO HAVE A DISCUSSION ABOUT WHETHER CONSTRUCTION, MANUFACTURING OR WAREHOUSE IS APPROPRIATE ALONG YEAH, THAT'S EXACTLY. YEAH. I'M NOT A FAN OF THAT. THAT PHRASE EITHER D COUNCIL MEMBERS ARE USED THERE'S HOME POTTY THAT WE'RE, WE'RE HOLDING UP FROM THIS MY BIGGEST THING. AND THE REASON WHY I WANTED WELL TO SHOW THE MAP IS BECAUSE THE ORIGINAL NOTE IS ALONG 35 AND THAT WAS THE POINT AND B UH, HAVING HIM SHOW THE MAP. SO THE COUNCIL CAN SEE THAT ULTIMATELY I I'M SURE, UH, BY, BY PAST DISCUSSIONS AND WHAT WE'VE HAD ON THIS, AND I CAN SEE THAT THIS IS GOING TO BE APPROVED, BUT I WANT COUNCIL TO JUST BE MINDFUL OF PROTECTING OUR CORRIDOR, OUR 35 CORRIDOR. WE'VE MADE OTHER DECISIONS IN THE PAST ABOUT DIFFERENT THINGS, WHAT WE WANT AND DON'T WANT TO SEE ON THIS CORRIDOR. THERE ARE SOME, THERE'S A LOT OF UNDEVELOPED LAND ALONG OUR CORRIDOR THAT WE COULD REALLY HAVE SOME HUGE WINS FOR THIS CITY. I'VE BEEN TELLING PEOPLE FOR YEARS NOW THAT I'D LOVE TO SEE SOME KIND OF BIG ENTERTAINMENT, UH, COMPLEX. I'M GOING TO THROW OUT ANY BUSINESS NAMES, BUT I'M SURE EVERYBODY CAN ENVISION ONE TO GO ALONG OUR CORRIDOR AND THOSE, THOSE [01:30:01] THINGS THAT PEOPLE WILL SEE WHEN THEY COME THROUGH OUR CITY, THAT'S AN IMPORTANT FACTOR. AND SINCE WE ARE ON THIS CORRIDOR, WE DO HAVE THAT AMENITY RIGHT NOW. PEOPLE WHEN I TALK TO PEOPLE ALL THE TIME IT'S OH, THE HEB IS WHERE COLLEGE, RIGHT. OR, YOU KNOW, SOME PEOPLE DON'T EVEN MENTION HOSPITAL, WHICH I THINK IS THE BETTER PART TO PROBABLY A NOTICE THERE, BUT IT'S THOSE THINGS, UH, CABELA'S, YOU KNOW, THAT'S, THAT'S BUDA, YOU KNOW, UH, YOU KNOW, TEXAS STATE THAT'S, YOU KNOW, SAN MARCUS. SO JUST KEEPING IN MIND OF THIS, THIS REGIONAL NOTE IS OUR CORRIDOR, UH, AND JUST BEING MINDFUL OF PROTECTING THAT AND, AND, AND MAKING DECISIONS THAT WILL HELP US PROMOTE OUR CITY IN THE BEST WAY POSSIBLE. AND THAT'S THROUGH THE VISUAL OF DRIVING THROUGH IT. SO, UH, YEAH, CERTAINLY I, I, I BOUGHT TWO AT THAT PHRASE, UH, THAT I, I THINK IT'S AN UNFAIR ONE, BUT I'M CERTAINLY NOT SUGGESTION, UH, ANY OF THAT, JUST TO PROTECT THE CORRIDOR. AND DO WE THINK THAT, UH, ALL THE USES THAT COME UNDER, UH, CONSTRUCTION, MANUFACTURING AND WAREHOUSE, WOULD WE BE FINE WITH ALL OF THOSE USES, UM, ANYWHERE ALONG THE CORRIDOR AND THAT, I AGREE WITH YOU, MARY, THAT, THAT IS THE QUESTION BEFORE US TONIGHT, CONDITIONALLY, YOU KNOW, AND THEN, SO THE, THE, THE IMPORTANT THING IS WHAT'S BEFORE US IS WHETHER WE WANT TO SAY THERE'S A POSSIBILITY OF SOMEWHERE NOT WHERE WE WOULD SAY, YES, THIS IS APPROVED, BUT CONDITIONALLY, THIS IS SOMETHING THAT WE COULD AT LEAST CONSIDER, WHICH MR. ATKINSON'S PHRASES IS CORRECT. YOU KNOW, THE QUESTION BEFORE US IS NOT, ARE WE APPROVING WAREHOUSE AND CONSTRUCTION MANUFACTURING? THE QUESTION BEFORE US IS, DO WE THINK IT'S WORTH CONSIDERING, UH, IN ANY PARTICULAR PORTION OF THIS, UH, AREA? SO, UM, THAT'S THE, THAT'S THE AMENDMENT THAT'S BEING PROPOSED. SO, UM, ANY OTHER DISCUSSION MOTIONS I'LL MAKE A MOTION TO DENY THE REQUEST FOR A COMPREHENSIVE PLAN AMENDMENT AS WRITTEN SECOND, MOVED BY COUNCILOR ELLISON, SECONDED BY COUNCILOR FLOOR SCALES OR DISCUSSION ON THAT MOTION ROLL CALLED OUT ELLISON BRADSHAW, MITCHELL FLORES, KALE RIZZO, TOBY MOTION PASSES. THANK YOU. THERE'S YOUR ANSWER? ALL RIGHT. NEXT STEP [21.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately 318 total acres (PUD Zoning - 256 acres to Single Family Attached ‘R-1-A’) (43.92 to Apartments Residential-3 ‘R-3-3’) (18.38 acres to Retail Service District ‘RS’) for property located at 700 Bunton Lane and 800 Bunton Lane, in Hays County, Texas. (RPC Kyle, LLC and Kyle 120 LLC - Z-21-0088) ~ William Atkinson, City Planner   P&Z voted 6-0 to recommend approval of the request. ] AGENDA ITEM NUMBER 21. UH, FIRST READING AN ORDINANCE AMENDING CHAPTER 53 OF THE CITY OF KYLE TEXAS FOR THE PURPOSE OF ASSIGNING ORIGINAL ZONING TO APPROXIMATELY 319 TOTAL ACRES FOR PROPERTY LOCATED AT 700 MONTHS LANE AND 800 BUCKS AND LANE AND HAYES COUNTY. YOU THOUGHT YOU WERE GONE LAST ONE. OKAY. I APOLOGIZE. ALL RIGHT. BEAR WITH ME JUST A MOMENT HERE. SO YOU, SO BEFORE YOU, WE HAVE A REZONING, IT'S THE SECOND READ FOR THE PUD AT 700 BUTTON LANE. UH, Y'ALL HAD ASKED LAST TIME, UH, THAT SOME AMENDMENTS WE MADE TO THE DOCUMENT AND, UM, WE HAVE DONE THAT, OR THE DEVELOPER HAS DONE THAT. AND, UH, IT'S MOSTLY RELATED TO THE CONCEPT PLAN LAYOUT AND, UH, REDUCING THE PERCENTAGE OF SINGLE FAMILY RESIDENTIAL THAT'S LESS THAN 50 FEET WIDE. THAT IS NOT ALLEY LOADED. THOSE ARE THE BIGGEST THINGS. SO LET ME, UH, PULL UP THE PUD STANDARDS UPDATES AND THE SITE LAYOUT OKAY. SO IT SHOULD BE SHARING UP ON YOUR SCREEN HERE IN JUST A MOMENT. SO I'LL SCROLL DOWN TO THE, TO THE MAXIMUM THEY'RE DOING. SO IF YOU LOOK AT THE FRONT LOADED TOTAL, UH, ON THE, ON THE SCREEN THERE, UH, THEY'RE PROPOSING A MAXIMUM OF 10% THAT IS BELOW 50 FEET WIDE ON SINGLE FAMILY, RESIDENTIAL, UH, THEY'VE INCREASED THE DETACHED FRONT LOADED, UM, EXCUSE ME, THEY'VE INCREASED THE AMOUNT OF, UM, ALLI LOADED, UM, SIGNIFICANTLY TO BE PERFECTLY, UH, THE, THE DIFFERENCE BETWEEN THE CONCEPT PLAN FROM WHAT IT WAS PRIOR [01:35:01] TO WHAT IT IS NOW IS VASTLY DIFFERENT. AND I'LL GO AHEAD AND SHARE THAT AS WELL. SO THE AREAS IN THE, UM, EXCUSE ME, THE AREAS IN THE DARK RED, JUST BELOW THE MULTIFAMILY THEY'RE TOWNHOMES, THEY WERE ALREADY SUPPOSED TO BE ELEVATED. UH, YOU HAVE THE TEAL COLORS AT 35 FOOT LONG ALLEY LOADED, THE BRIGHT GREEN OR 40 FOOT, LOTS OF ALLEY LOADED, AND THE REST ARE 50 FOOT TO 60 FOOTS. UM, THIS CHANGED THE STREET LAYOUT A LITTLE BIT. IT'S MORE CO MORE CONNECTED NOW AS PER OUR SUBDIVISION CODE IN A RESIDENTIAL STYLE GUIDE. UM, THEY TOOK YOUR SUGGESTIONS TO HEART AND THEY'VE UPDATED IT SIGNIFICANT. YEAH, I JUST, IT'S, IT'S A LOT CLOSER TO THE RESIDENTIAL STYLE GUIDE PARAMETERS. SO I'M APPRECIATIVE OF THE EFFORTS THAT WERE MADE. SO DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? I DO. UH, JUST AN INITIAL ONE THAT JUMPED OFF THE PAGE TO ME. UM, I, I CONCUR WITH THE MARRIAGE COMMENTS, UM, GOING BACK. SO I DO SEE THE TOWNHOUSES TO 22 AND A HALF LOOKS LIKE THEY'RE ALL CONSOLIDATED TO THAT ONE STREET THERE ALONG THE MULTIFAMILY IS, UH, IF, IF I'M READING THAT CORRECT? YES, SIR. WELL, AND THEN, UH, ON THE PREVIOUS SLIDE YOU HAD, IT SAID THERE WERE MINIMUMS AND MAXIMUMS FOR POTENTIALLY WHAT THE PRODUCT COULD BE. RIGHT. CAUSE THERE'S NOT, UM, THAT THAT'S THE REASON FOR THE MINIMUM MAXIMUM, RIGHT. IT'S NOT STATING THAT IT WILL BE SOMETHING IT'S JUST THAT'S THE RANGE DID IT COULD BE IN. YES, SIR. SO YES, SIR. THAT ONE RIGHT THERE. SO PARTICULARLY LOOKING AT THE TOWNHOME PATIO HOME SECTION, I GUESS IT GOES TO SAME FOR THE DETACHED FRONT-LOADED TO UNDER 49 FEET. UH, POTENTIALLY IT COULD BE ZERO TOWNHOMES AND DETACHED. IS THAT, AM I READING THAT CORRECT? THERE COULD BE THE POTENTIAL FOR, UM, 0% OF THE PRODUCT TO BE TOWNHOMES. UM, IT, A LOT OF TIME DEVELOPERS LIKE TO HAVE FLEXIBILITY BUILT INTO THE CODE TO WHERE THEY CAN HAVE A BIT OF A RANGE. SO THAT WAY, IF THE MARKET DICTATES OTHERWISE, BECAUSE IT'S REAL, THE MARKET IS REAL. WE'D LIKE TO HAVE OUR REQUIREMENTS IN THERE. WE LIKE TO MAKE THIS A GREAT PROJECT AND EVERYTHING, BUT WE ALSO HAVE TO ACCOUNT FOR THE MARKET A LITTLE BIT TOO. SO THAT'S WHY THEY HAVE THAT IN THERE. CERTAINLY. YEAH. THIS IS MY FIRST RODEO HERE ON SEEING THIS. SO MY POINT IS CERTAINLY I UNDERSTAND THAT, BUT THAT, THAT LEAVES OPEN A DOOR THAT POTENTIALLY AS THE MARKET GOES AND AS DIFFERENT THINGS HAPPEN, UH, THAT WE GET COMPLETELY IN THIS PROJECT. IT'S, IT'S POTENTIALLY, COULD, I'M NOT SAYING THAT IT WILL OR ANYTHING LIKE THAT, BUT IT LEAVES THE DOOR OPEN FOR THERE TO BE NO TOWNHOMES AND NO DETACH. FRONT-LOADED UNDER 49 FEET, UH, WHICH IS A LITTLE DISHEARTENING TO ME BECAUSE DIVERSITY IN HOUSING STOCK HAS BEEN SOMETHING I'VE BEEN TALKING ABOUT SINCE 20 15, 20 16, UH, BACK ON PANSY AND THAT THIS, WHILE I AGREE WITH THE MAYOR, THAT IT, IT MOVES CLOSER TO OUR RESIDENTIAL STYLE GUIDE. I APPRECIATE THAT. CERTAINLY, UM, THAT WAS JUMPED OFF AT THE PAGE IMMEDIATELY WHEN I READ THIS, UH, THIS WEEKEND. AND SO, UM, I'LL ADMIT THAT'S A LITTLE CONCERNING TO ME, BUT, UH, THAT WAS MY INITIAL COMEBACK, UH, COMMENTS, COUNSELING, COUNSELING. THANK YOU. UM, WOULD THE DEVELOPER BE WILLING TO PUT IN A FOR SURE NUMBER? I THINK TOWNHOMES ARE SOMETHING THAT THE CITY REALLY NEEDS AND, UM, IS KIND OF UNIQUE. WE DON'T HAVE. UM, AND SO TO AVOID ANY DELAY, IF WE CAN JUST HAVE HIM VERBALLY AGREE, THEN WE CAN TAKE A VOTE AND THEN MOVE, HOPEFULLY MOVE FORWARD. UH, HUNTER, DO YOU HAVE, YOU WANT TO COME UP? DO YOU HAVE ANY OBJECTION TO JUST, JUST INCREASING FROM THE ZERO? WHAT'S YOUR, WHAT ARE YOUR THOUGHTS ON THAT PREVIOUSLY? WE HAD 5%. UM, YOU KNOW, I THINK, UH, IF YOU'RE OPEN TO THE IDEA THAT WE COULD HAVE PATIO HOMES OR TOWN HOMES, WHICH IS HOW THEY'RE ORGANIZED RIGHT NOW, I THINK WE WOULD BE OPEN TO SOME SMALL PERCENTAGE THAT WOULD BE A REQUIREMENT. UM, DO PATTY DO PATIO HOMES KIND OF MEET THAT, UM, DESIRE DECK, UH, COUNCIL, MY ROLES. I APPRECIATE IT. THANK YOU. SO I GUESS MY OVERALL GOAL IS, YOU KNOW, CREATING, I KNOW, I KNOW WE ALL [01:40:01] LEFT THE 65 AND 70 FOOT LOTS AND ALL THOSE DIFFERENT THINGS. THOSE ARE GREAT, YOU KNOW, BUT PEOPLE HAVE DIFFERENT STAGES IN LIFE IN WHICH THEY MOVE THROUGH HOUSING. RIGHT? AND SO RIGHT NOW WE DON'T HAVE ENOUGH OF THE, THE STAGES FOR PEOPLE TO MOVE THROUGH LIFE. AND THAT WAS ONE OF THE THINGS THAT I ENJOYED ABOUT YOUR PRESENTATION. LAST TIME WAS TALKING ABOUT HOW PEOPLE COULD MOVE THROUGH STAGES IN HER LIFE AND STILL STAY WITHIN THE SAME COMMUNITY, RIGHT, AS THEY GROW IN THEIR INCOME AND THEY IMPROVE AND DIFFERENT THINGS LIKE THAT. AND, AND THAT IS MY HOPE. THIS IS, THAT IS REALLY IN MY PHILOSOPHY, HOW YOU GET AFFORDABLE HOUSING IS YOU, YOU ALLOW FOR A VARIETY OF HOMES FOR PEOPLE TO BE ABLE TO SELECT FROM. THEY MAY NOT BE ALL THE TYPES OF HOMES THAT YOU MIGHT WANT TO LIVE IN, BUT THERE, THERE ARE PEOPLE THAT NEED THAT AS THEY PROGRESS THROUGH LIFE. AND SO, UH, THAT, THAT IS JUST MY CONCERN WITH THAT. SO PATIO, HOME TOWN HOMES, JUST A VARIETY AND SOMETHING THAT IT'S, IT'S NOT ALL, YOU KNOW, ON THIS END AND PEOPLE DON'T HAVE A WAY TO GET TO THAT END FROM LIVING IN TYPICALLY MULTIFAMILY WHEN THEY START THEIR YOUNG LIVES TO MOVING ON, TO GETTING TO THAT 70 FOOTER THAT WE WANT TO EVERYBODY TO BE IN. UM, I MEAN, YOU KNOW, I COULDN'T AGREE MORE, UH, YOU KNOW, TH THE COMMENTS ABOUT SORT OF THE MARKET DYNAMICS AND THE ABILITY FOR A BUILDER TO BUILD TOWNHOMES OR THE DESIRE FOR A BUILDER TO BUILD TOP TOWNHOMES, UM, IN THE CURRENT MARKET IS NOT PARTICULARLY HIGH, UH, IN THIS AREA. IT IS A, IT IS A GOAL OF OURS TO MAKE THAT HAPPEN. UM, BUT WE WANTED TO MAINTAIN FLEXIBILITY. I THINK WE WOULD BE BECAUSE OF THE WAY IT'S ORGANIZED, YOU KNOW, PATIO HOMES I THINK ARE MORE, UH, DESIRABLE, OR I THINK THERE'S A KIND OF A BETTER MARKET CONDITION FOR PATIO HOMES ON THE EAST SIDE, KYLE, AGAIN, WE WOULD LOVE TO BUILD THE TOWNHOMES, BUT, UM, IF THAT'S, IF THAT'S OKAY WITH YOU, AND I THINK THE PRICE POINT, YOU KNOW, IS A SIMILAR PRICE POINT WHEN YOU'RE TALKING ABOUT A TOWNHOME OR A PATIO HOME AND SORT OF THE MAINTENANCE COMPONENT, UH, HUNTER ARE THOSE DEFINED DIFFERENTLY IN THE PUD. CAUSE THEY'RE NOT DEFINED DIFFERENTLY ON THAT SHEET. SO I JUST IS, IT MAY NOT BE A DISCUSSION THAT'S RELEVANT TO US BECAUSE WE'RE ONLY DEALING WITH THEY ARE. SO THERE'S A PATIO HOME WOULD BE, WOULD HAVE A ZERO, A ZERO FOOT SETBACK REQUIREMENT AT EVERY OTHER SIDE SETBACK. SO YOU'D HAVE A FIVE FOOT SETBACK IN BETWEEN EVERY OTHER ONE. SO IF YOU'RE, IF YOU'RE OKAY WITH THAT, IF THE TOWNHOMES SPECIFICALLY THAT YOU'RE AFTER, I THINK, YOU KNOW, THAT MIGHT BE A CHALLENGE. UM, BUT A PATIO HOME, I THINK IS A MORE APPROACHABLE PRODUCT TYPE IN THIS AREA IN KYLE. AND JUST, JUST GO A LITTLE BIT FURTHER ON THAT. SO, Y Y YOU KNOW, IS IT SUCH A CHALLENGE FOR YOU ALL, UH, FROM DOING THE TOWNHOMES AS OPPOSED TO DOING THE, UNFORTUNATELY, AS MUCH AS I THINK THERE SHOULD BE MORE, UM, THERE'S THE ZONING, FRANKLY IN CENTRAL TEXAS IS DIFFICULT TO BUILD TOWNHOMES IN A LOT OF PLACES. AND I THINK THEREFORE THERE ARE A LOT OF, UH, THERE AREN'T A LOT OF TOWNHOME BUILDERS. UM, CITY OF AUSTIN IS, YOU KNOW, HAS THE SAME ISSUE MORE OR LESS FOR A LONG TIME. THEY WERE ESSENTIALLY OUTLAWED IN MOST NEIGHBORHOODS. UM, SO THERE AREN'T A LOT OF PEOPLE THAT BUILD TOWNHOMES THERE'S THREE OR FOUR, UH, THAT AREN'T JUST INFILL BUILDERS. SO I THINK THAT'S KIND OF THE CHALLENGE WE'RE UP AGAINST, UM, YOU KNOW, TH THE PATIO HOME PRODUCT IS A, IS A PRODUCT TYPOLOGY THAT EXISTS MORE IN THE MARKET THAN AN ATTACHED ROW HOUSE, LIKE TOWNHOME, UH, FOR THIS LOCATION. WHO'S SCREEN-SHARING RIGHT NOW, WILL, ARE YOU, CAN YOU SCROLL DOWN JUST A SMIDGE? NO, I LIKED THE SCREEN SHARE. I DON'T WANT IT TO GO AWAY. I THINK WE WANTED TO SEE THE SETBACKS AND ALL THAT DATA BACK HERE. LET'S GO DOWN TO, YEAH, YEAH. JUST HANG OUT THERE FOR A SECOND COUNCILOR ELLISON. I WOULD THINK THAT, YOU KNOW, IF THE, THE, THE 40 TO 49 FEET, YOU KNOW, WE HAVE A LOT OF THAT IN KYLE, SO THAT I WOULD FIGURE THAT'S PROBABLY NOT THE MOST, BUT THE TOWNHOMES, YOU KNOW, SO YOU SAID 5%, YOU MIGHT BE OPEN, BUT ONLY IF WE DEFINE IT AS ALLOWING FOR SPACE BETWEEN THE BUILDINGS, THAT'S WHERE WE WERE. AND THE WAY THAT IT'S WRITTEN RIGHT NOW WOULD ALLOW THAT, BUT YOU HAVE TOWNHOMES IN YOUR, IN YOUR, IN YOUR PLAN, UM, CONCEPTUAL PLAN, RIGHT. WE STILL HAVE TO GO THROUGH THE CONCEPT PLAN PROCESS WITH YOU ALL. UM, WE INTEND TO BUILD THEM, I'M TRYING MY BEST TO GET A BUILDER, TO, TO SORT OF BUY IT ON, ON TOWNHOME PRODUCT. AND THERE ARE ONE OR TWO THAT ARE INTERESTED. UM, BUT WE'VE ALSO TALKED TO A FEW OTHERS THAT FRANKLY DON'T HAVE ANY INTEREST IN BUILDING TOWN HOMES IN THIS AREA IN KYLE. UH, SO WITH THAT, YOU KNOW, ACTUAL SORT OF MARKET DATA, [01:45:01] UM, WE DECIDED THAT WE WANTED TO GIVE OURSELVES A LITTLE BIT MORE FLEXIBILITY ON THAT. WE'LL STILL PURSUE IT. UM, CAUSE I THINK IT'S THE RIGHT PRODUCT FOR THAT PARTICULAR AREA AND THE PLAN ADJACENT TO KIND OF THE TOWN SQUARE, IF YOU WILL. UM, AND I THINK IT WOULD BE GREAT AS, AS YOU KNOW, AS YOU DISCUSS THIS SORT OF HOLISTIC IDEA OF HAVING A BUNCH OF DIFFERENT HOUSING TYPE APOLOGIES, UM, THAT ARE APPROACHABLE FOR DIFFERENT STAGES OF LIFE, FOR DIFFERENT ECONOMIC LEVELS. UH, SO, YOU KNOW, WE WILL, WE WILL PURSUE IF WE DID WANT TO TRY TO CREATE SOME FLEXIBILITY IN CASE WE WEREN'T SUCCESSFUL IN PURSUING IT, FRANKLY, YOU CAN ALWAYS COME BACK TO US IF YOU WEREN'T SUCCESSFUL. OKAY. I'M JUST SAYING I'D RATHER AND REVISE THAT PIECE. I'M WITH I'M WITH THE COUNCIL MEMBERS, AS FAR AS IF WE WANTED TO ADD THAT IN. CAUSE I THINK THAT, YOU KNOW, WE WE'VE AS A COUNCIL WE'VE WE HAVE EXPRESSED THROUGH THE YEARS FROM A DESIRE TO SEE MORE TOWNHOME PRODUCT AS BEING A MIDDLE MARKET BETWEEN VARIOUS PRODUCT TYPES. AND SO, UM, YOU KNOW, I'M NOT SURE THE DIFFERENCE BETWEEN A TOWNHOME AND A PATIO HOME FROM YOUR PERSPECTIVE, BUT THE INCREASING THE ZERO TO 5% TO PUT SOMETHING IN THERE, IT WOULD BE SOMETHING I WOULD THINK WOULD BE A DECENT, MAYBE GIVE YOU THE FLEXIBILITY AS YOU SAY, BETWEEN THE TOWNHOME AND THE PATTI HOME, BUT IT SHOWS US THAT THAT BASIC TYPE OF PRODUCT WOULD BE THERE PRICE POINT, LOW MAINTENANCE SORT OF URBAN WALKABLE. YES. YEAH. I THINK, UH, AS A COUNCIL, I THINK WE ALL GOT EXCITED WHEN WE HEARD ABOUT TOWNHOMES AS A PRODUCT WE DON'T HAVE HERE. SO I THINK THAT'S WHY WE'RE REALLY STRESSING IT BECAUSE WE, UH, WANT TO GIVE OUR RESIDENTS AN OPTION AND, UH, IF WE COULD GIVE THEM SOMETHING DIFFERENT, BE GREAT. SO JUST KIND OF WHILE WE'RE STRESSING IT CUSTOMER TOBY'S MR. FLOYD, THANK YOU FOR ALSO CORRESPOND TO ME THROUGHOUT THE WEEK, ALL THIS. UH, BUT IT, IT IS TRUE AGAIN ABOUT THE COMMENT ABOUT THE TOWNHOME ACTUALLY WAS SPEAKING TO A COWORKER STATING THAT, YOU KNOW, SHE'S LOOKING AT POSSIBLY HAVING TO SELL OR MOVE FROM HERE BECAUSE THE HOUSE THAT SHE HAS IS UNAFFORDABLE AND IT'S TOO BIG OF A SPACE. AND AS ONE THING THAT I'VE HEARD FROM OTHER PEOPLE THAT I SPOKE TO SPEAKING, I'VE SPOKEN TO WHERE I LIVED IS THAT THERE'S REALLY NOTHING THERE FOR US TO BE ABLE TO BUY IF ANY TOWNHOMES OR ANYTHING LIKE THAT, WHICH, YOU KNOW, THERE'S A LOT OF SINGLE PEOPLE THAT ARE COMING IN. LIKE I SAID, COUNCILMAN NELSON, THERE'S A LOT OF THE PEOPLE, DIFFERENT WALKS OF LIFE. SO IT WAS JUST ADDING THAT VARIETY OF, OF DIFFERENT TYPES OF HOMES THAT WE CAN BE ABLE TO GIVE TO OUR FUTURE RESIDENTS HERE, WHETHER THEY'RE RETIREES OR STUDENTS, OR FIRST TIME BUYERS UNTIL THEY CAN BE ABLE TO AFFORD THAT HOME. UM, BUT AGAIN, I DO APPRECIATE YOU COMMENTING BACK, UH, ABOUT THE, UH, ISSUE THAT I HAD ABOUT THE BACK-LOADING WITH THE POSSIBLE, THE GARBAGE TRUCKS AND SO FORTH, AND THE WAY THAT WE CAN TALK MORE ABOUT THAT LATER. BUT THANK YOU FOR RESPONDING ME BACK TO YOU ON THAT. AND ALSO WHAT WE CAN ALSO LOOK AT, MAYBE IF WE CAN GET STREETLIGHTS WITH ATTORNEY LANE EVENTUALLY INTO YOUR, BUT AGAIN, MY BIGGEST ISSUE IN THAT AREA GUYS, UH, COUNSEL IS THE ROADS IN BUNTON. AND I KNOW WE HAVE A MASTER PLAN IN PLACE, BUT, UH, THAT'D BE SOMETHING THAT WE REALLY NEED TO CONSIDER. UH, MOVING FORWARD IN, IN THAT AREA IS TO GET THOSE ROADS IMPROVED AS MUCH AS POSSIBLE. ANY OTHER COMMENTS, MAYOR STAFF DOES HAVE, UH, AN AMENDMENT TO MAKE TO THE ORDINANCE. SO IT'S SECTION FOUR A IN THE ORDINANCE REGARDING THE ALM FEE, WHICH BASICALLY SAYS THAT THE DEVELOPER IS PLANNING ON HAVING THE CITY UTILIZE JASON LANE MILE FEE FOR THE CONSTRUCTION OF CHRIS MILL ROAD. HOWEVER, SUBSEQUENT CONVERSATIONS WITH THE DEVELOPER, WE ARE WORKING ON A PAID FOR THAT PROPERTY, WHICH HAS THE PYD WOULD FUND THE ROAD AND THE ALN FEE WOULD GO TO SYSTEM WIDE IMPROVEMENTS. SO WE'VE JUST ADDED A SENTENCE THAT PAGE WILL NOT READ. SO WE STAYED IN HERE THAT THE CITY SHOW APPLIED THE CONSTRUCTION AND COST OF THE ARTERIAL AS A CREDIT TOWARDS THE ALM FEE, DUBAI, THE DEVELOPER. AND THIS IS THE NEW LANGUAGE ONLY IF THE PIT IS NOT APPROVED FOR THE PROPERTY AND THE ARTERIAL IS NOT AUTHORIZED AS AN IMPROVEMENT TO BE FUNDED BY THE PID. YEAH, THAT'S RIGHT. OKAY. YEAH, YEAH. NUANCE, BUT THAT'S FINE. ARE YOU OKAY WITH 5% ON THAT ITEM? UH, YEAH, I THINK WE CAN AGREE TO THAT. I THINK IT MOST LIKELY IT PUSHES THE TIMELINE OF THAT PHASE, WHICH WAS ALREADY PROPOSED A LITTLE LATER IN THE PROJECT, UM, TO WHERE, UH, I THINK, UM, I THINK, I THINK WE CAN MAKE THAT HAPPEN. OKAY. UM, ARE THAT I, IF I FEEL READY, I'LL MAKE A MOTION. UH, I'D LIKE TO MAKE A MOTION TO APPROVE, UH, AND TO AMEND THE DOCUMENT TO, UH, INCREASE THE, [01:50:01] UH, MINIMUM ALLOCATION ON TOWNHOME SLASH PATTI HOME PATIO HOMES TO 5% AND TO INCORPORATE THE ALM PID LANGUAGE ABOUT GRISTMILL THAT, UH, A CITY ATTORNEY JUST OUTLINED, UH, MOVE BY MAYOR SECONDED BY COUNCILLOR FLOOR SCALES OR DISCUSSION ON THAT MOTION. I BEAT HER. ALL RIGHT. ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SIX TO ZERO. THANK YOU, HUNTER. THANK YOU, COUNCIL. WE DON'T HAVE A FULL, SO WILL IT WILL BE BACK FOR A SECOND READING OR THAT WAS SECOND READING CAUSE WE POSTPONED, RIGHT. IT WAS STATED SECOND READING, BUT SO IT'LL COME BACK IF WE HAD TO. OKAY. ALL RIGHT. NEXT [22.   Consider and possible action on a First Year on Us Incentive Application. ~ Victoria Vargas, Economic Development Specialist   Feras Abuhweij, Conoco at 1203 N. Old Hwy 81- Landowner/Landlord application, rebate not to exceed $5,000. ] UP AGENDA ITEM NUMBER 20 TO CONSIDER AND POSSIBLE ACTION. UH, FIRST YEAR ON US INCENTIVE. I CALLED IT SIX. OH, SO I MEAN HE'S NOT, I'M SAYING YEP. UH, NEXT UP JEN ON 22 CONSIDERED IMPOSSIBLE ACTION ON FIRST YEAR ON US INCENTIVE APPLICATION. UH, THIS IS, UH, CONOCO DIANA, GO AHEAD. HEY, HOW ARE YOU? THANK YOU. GOOD EVENING. MARY COUNSEL, DIANA TORRES DIRECTOR OF ECONOMIC DEVELOPMENT FOR THE RECORD. UM, SO I AM GOING TO TAKE THIS OPPORTUNITY TO RE-INTRODUCE YOU TO ONE OF MY STAFF MEMBERS, VICTORIA VARGAS. SHE IS THE ECONOMIC DEVELOPMENT MANAGER NOW IN OUR DEPARTMENT AND SHE IS GOING TO BE THE STAFF RESPONSIBLE FOR PROCESSING THE FIRST YEAR ON US APPLICATIONS NOW. UM, SO I WILL TURN THIS OVER TO HER. UM, BUT FIRST I JUST WANTED TO MENTION THAT, UM, GOING FORWARD, WE WOULD LIKE TO HAVE A RECOMMENDATION FROM THE ECONOMIC DEVELOPMENT TOURISM BOARD, UM, TO PRESENT TO YOU, UM, PRIOR TO THESE KINDS OF REQUESTS. HOWEVER, THIS TIME WE HAD TO KIND OF MAKE A CALL ON IT BECAUSE THE ED BOARD MEETING HAD TO BE CANCELED AT THE LAST MINUTE DUE TO A LACK OF QUORUM IN PERSON. AND THERE'S A TIME SENSITIVITY WITH THE PROJECT STARTING, AND THESE HAVE TO BE APPROVED PRIOR TO ANY CONSTRUCTION STARTING. SO, UH, WE DID GO AHEAD. UH, THAT'S PROBABLY WITHIN OUR POWER TO MAKE AN EXCEPTION ON THIS, RIGHT? BECAUSE I THINK THEY SHOULD TAKE A LOOK RIGHT. HAS NOTHING TO DO WITH THE APPLICATION. I JUST, THAT THEY'RE HUNGRY FOR THOSE KINDS OF ABSOLUTELY. WE WOULD HAVE THE ABILITY TO, WE HAVE THE ABILITY TO MAKE AN EXCEPTION HERE SINCE THEY FAILED HIM, HE COULD MEET A QUORUM. RIGHT. AND SO THAT YOUR PROJECT DOESN'T GET WITHHELD, UH, SO THAT THEY CAN LOOK AT IT FIRST AND WE CAN SET THAT UP. SO IF THAT'S SOMETHING Y'ALL ARE OPEN TO DOING THAT, THAT'S THE WAY I WOULD PREFER TO HAVE IT AS WELL. OKAY. VERY GOOD. UM, I APPRECIATE THAT. UM, AGAIN, WE WILL BE BRINGING THEM FORWARD WITH OUR RECOMMENDATION. THE FUTURE IS THE INTENT. SO AT THIS POINT, UM, I'LL TURN THE FLOOR OVER TO VICTORIA VARGAS, MAYOR AND COUNCIL VICTORIA VARGAS FOR THE RECORD, I AM HERE TO PRESENT A FIRST-YEAR ON US APPLICATION FROM AN APPLICANT FOR ROSS IBU WAGE. AND THAT'S HOW I, UM, AND HE IS THE OWNER OF THE CONOCO AND IT'S THE KYLE FOOD MART, BUT THE GAS STATION IS CONOCO. THAT IS AT 1203 NORTH OLD HIGHWAY 81 THAT IS RIGHT BY THE FLEA MARKET. AND HE PURCHASED THE PROPERTY AND THE BUSINESS IN MARCH OF 2021. SO HE HAS SOME PLANS THAT HE WOULD LIKE TO SHARE WITH YOU OR THAT I WILL SHARE WITH YOU, UM, FOR IMPROVING THAT PROPERTY. I KNOW THAT'S A BIG, UM, IT'S, IT'S, YOU KNOW, IT'S ON THE GATEWAY, IT'S ON OUR FRONTAGE. SO, UM, HE PLANS TO MAKE IMPROVEMENTS TO THE EXTERIOR OF THE BUILDING AND THE RENDERINGS ARE ATTACHED IN YOUR PACKET. HE ALSO, UH, HAS PLANS TO PUT ADDITION OF HANDICAP PARKING STRIPING OF THE PARKING LOT AND LANDSCAPING. SO IF, UM, HE'D LIKE TO GET STARTED AS SOON AS HE GOES THROUGH THE PLANNING PROCESS. SO ONCE, UM, YOU MAKE YOUR DECISION TODAY, HE PLANS TO CONTACT WILL AND GET THAT PROCESS STARTED WITH HIM, BUT HE IS HERE. IF YOU HAVE ANY QUESTIONS FOR HIM. SO VICTORIA, WHAT I WAS, WHAT I WAS RECOMMENDING WAS THAT BECAUSE THE, THE, THE TIME CRUNCH THAT'S KEEPING IT FROM GOING TO THE BOARD IS THAT YOU'RE READY TO GET STARTED. AND THE BOARD COULDN'T MEET. WHAT I'M SAYING IS IT'S OKAY WITH, WITH US. I BELIEVE, I BELIEVE THE COUNCIL IS OKAY WITH WAIVING THE REQUIREMENT THAT SO THAT YOU CAN GO AHEAD AND GET STARTED. AND THERE'S SOME RISKS TO YOU, BUT THAT WE WOULDN'T DISQUALIFY YOU FROM IT BECAUSE THE BOARD COULDN'T MEET, GO AHEAD AND MEET AT THE NEXT MEETING AT THEIR NEXT MEETING, COME BACK, START YOUR PROJECT, BUT FOLLOW THAT. SO THAT PROCESS SO THAT IT CAN COME TO US WITH OUR RECOMMENDATIONS, WHAT I'M SAYING WITHOUT BEING PUNITIVE, IS THAT, IS THAT, IS THAT SOMETHING THAT YOU ALL ARE OKAY WITH DOING THAT WAY, AS OPPOSED TO US MAKING A DECISION? NOW I'M TRYING TO KICK IT BACK TO ED AND T WITHOUT BEING PUNITIVE IS WHAT I'M TRYING TO DO. OKAY. OKAY. UM, ALL RIGHT. SO WE'LL BE BACK IN THE NOVEMBER, THE SECOND MEETING IN NOVEMBER AFTER OUR BOARD MEETS ON NOVEMBER THE 10TH. DO YOU, DO YOU THINK WE NEED TO ACTION ON THAT TO [01:55:01] MAKE SURE OR DOESN'T, DOES IT MATTER TO ALL BECAUSE I DON'T, YOU KNOW, THE POLICY, I MEAN, I'M LOOKING FOR, I'M REALLY LOOKING AT THE COUNCIL HERE. DO Y'ALL DO Y'ALL WANT TO GIVE ACTION TO SOLIDIFY THAT HERE OR GO AND MAKE A MOTION? I'LL SECOND. UM, I DO HAVE SOME MORE DISCUSSION AFTERWARDS. WELL, THE ACTION WOULD BE TO WAIVE THE REQUIREMENTS, UH, FOR, UH, UH, YOU KNOW, A CERTAIN NUMBER OF TIME HERE, UH, FOR THIS PARTICULAR APPLICANT. UH, ALRIGHT. I'D LIKE TO MAKE A MOTION TO WAIVE THE REQUIREMENT THAT CONSTRUCTION, UH, THAT THE APPLICATION MUST BE COMPLETED AND APPROVED PRIOR TO CONSTRUCTION, STARTING FOR THIS PARTICULAR APPLICANT FOR THIS YEAR. SECOND. ALL RIGHT. MOVE BY THE MAYOR, SECONDED BY COUNCILOR MEMBER RIZZO. IS THERE DISCUSSION ON THAT MOTION? RESTATE THE MOTION FOR ME, UH, TO WAIVE THE REQUIREMENT THAT CONSTRUCTION, THAT THE, UH, APPLICATION FOR THE INCENTIVE BE APPROVED PRIOR TO CONSTRUCTION. GOT IT. OKAY. UH, FOR ONE YEAR, UH, ON THIS PARTICULAR APPLICATION, SO IT'S NOT A POLICY CHANGE IT'S, UH, IT'S, UH, IT'S JUST, JUST FOR YOU BECAUSE WE WEREN'T ABLE TO MEET CUSTOMERS. OKAY. I JUST WANT TO THANK YOU FOR, UH, TAKING ON THIS PROJECT AND LOOKING TO IMPROVE THE AREA RIGHT THERE. THAT IS OUR GATEWAY. I'M LOOKING FORWARD TO WHAT YOU'RE BRINGING FORWARD, AND HOPEFULLY IT'S A GREAT DESIGN, UH, BUT I THINK YOU SEEM LIKE YOU REALLY WANT TO IMPROVE THAT AREA. SO THANK YOU VERY MUCH, CASPER. I'M CURIOUS TO KNOW WHAT IT'S GONNA LOOK LIKE. CAUSE, UH, THAT WAS ONE OF THE FIRST PLACES I USED TO GET GAS ON THE WAY HOME FROM BACK INTO MY DAY, COMING IN FROM AUSTIN WHEN I WAS LIVING AT HOME. SO, UH, JUST KIND OF CURIOUS, CAUSE THIS IS A VERY BUSY PLACE. A LOT OF PEOPLE FROM OUT OF TOWN PULL OFF KYLE, THEY GO RIGHT TO THAT STATION. SO IT'S GONNA BE PRETTY EXCITING TO FINALLY SEE THAT AREA, YOU KNOW, BEAUTIFIED IN A WAY, IN A SENSE, AND IT'S RIGHT BY THE FLEA MARKET AREA. SO JUST KIND OF CURIOUS ON WHAT IDEAS THAT YOU MIGHT HAVE PLANS FOR THAT. UH, SO WE ACTUALLY HAVE SOME DRAWINGS THEY'RE ATTACHED IN THE PACKET. UM, I MEAN, IT'S GOING THROUGH, YOU KNOW, AN EXTENSIVE REMODEL AND WE'RE GOING TO START WITH THE EXTERIOR AND THAT'S WHAT PEOPLE WILL SEE FIRST AND HOPEFULLY, YOU KNOW, IN A YEAR OR SO THEN WE WILL WORK ON THE INTERIOR AS WELL. THE BUILDING IS PRETTY OLD. I MEAN THE BUILDINGS PROBABLY OLDER THAN ME. UM, OH YES. I'M NOT GOING TO COMMENT ON MY AGE. YEAH, I DID. I'M DEFINITELY EXCITED ABOUT THE PROJECT OVERALL. UM, I THINK IT, IT NEEDS IT FOR SURE. WHAT ABOUT DRAINAGE IMPROVEMENTS? PLEASE TELL ME YOU'RE GONNA IMPROVE THE DRAINAGE IN THERE. DID YOU SAY YOU WERE BECAUSE THAT'S WHAT DRIVES ME. I'LL NEVER GO IN THERE BECAUSE IT'S LIKE A LAKE EVERY TIME IT RAINS, YOU KNOW, TH THAT IS ONE OF THE THINGS THAT WE ARE IMPROVING IN THE PARKING LOT AREAS. AND, UM, ACTUALLY THAT'S ANOTHER ISSUE WITH TXDOT IS ALONG THE, THE ENTRANCE OF THE PROPERTY. WE WERE GOING TO ASK FOR APPROVAL FROM TECHSTOP TO ACTUALLY PAVE THAT AREA WHERE THERE'S LIKE A BIG SINK HOLE. UM, WE CAN'T DO ANYTHING TO IT AND WE'VE CALLED THEM SEVERAL TIMES AND ASKED FOR THEM TO DO SOMETHING ABOUT IT AND, AND THEY'VE JUST COME OUT AND FILLED IT UP. BUT, UH, YOU KNOW, IT GOES BACK TO THAT, YOU KNOW, SITUATION AFTER A COUPLE OF MONTHS. UM, SO WE'RE ACTUALLY WAITING FOR THEM TO GIVE US APPROVAL FOR US TO DO A COMPLETE PAVEMENT THERE. IT SOUNDS LIKE A DISCUSSION WITH CITY HALL NEEDS TO TAKE PLACE ON THAT THEN BECAUSE OF CORRECT. YEAH, I WAS GOING TO SAY, CAUSE IT DOESN'T, THAT'S NOT A GOOD ANSWER. WELL, AND I'LL JUMP IN HERE. WE, WE HAVE A ENGINEERING PLAN THAT WAS APPROVED AT THE LAST COUNCIL MEETING TO GIVE US A TYPICALS DESIGN STANDARDS FOR THE FURNITURE AT BETWEEN MARKETPLACE AND MARTINEZ LOOP, WHICH THIS PROPERTY FALLS IN LINE. SO WHATEVER THOSE TYPICALS COME UP WITH THIS PROPERTY WOULD NEED TO FALL UNDER THOSE OKAY. CUSTOMER FULL-SCALE. THANK YOU. UM, THIS IS ONE OF THE SITUATIONS WHERE IF I HAD JUST GOOGLED THE LOCATION, I WOULDN'T EVEN QUESTION IT. I, CAUSE I DID A LOT OF RESEARCH. I LIKE LOOKED UP, YOU KNOW, WHAT THE FIRST YEAR ON US WAS. AND, AND THEN I JUST WAS LIKE, WELL, LET ME SEE WHERE THIS IS AT. AND I WAS LIKE, THIS PROGRAM WAS MADE FOR THIS AREA FOR THIS SPOT. UM, SO I'M SUPER EXCITED CAUSE I, I GET MY GAS THERE. CAUSE IF YOU PAY CASH, IT'S CHEAPER. BUT ON TOP OF THAT, UM, I SEE THAT YOU CAN HA WE CAN DO UP TO $10,000. ARE YOU BOTH, ARE YOU GOING TO DO THE, ARE YOU GOING TO BE A LANDLORD AND THE TENANT OR ARE YOU JUST GOING TO BE, I MEAN, THE LANDLORD AS OF NOW, UM, WE HAD A TENANT IN THERE AND UH, HIS, HIS LEASE ENDED AND WE DID SIGN A NEW, A NEW, UH, LEASE IN THAT. [02:00:01] SO, BUT I'M PRETTY SURE MY TENANT WILL BE HERE IN THE NEXT NO, IT'S SIX MONTHS. RIGHT. SO THE TENANT CAN ALSO ASK FOR, OKAY, ALL RIGHT. TH THIS, THIS MAKES ME REALLY EXCITED AND YOU'RE, YOU'RE CLEANING UP THAT AREA. IT MEANS A LOT. IT MEANS A LOT TO THAT LOCATION AND IT MEANS A LOT TO KYLE. SO, UM, I'M PRETTY EXCITED AND I, I WANNA THANK MAYOR MITCHELL FOR MAKING THAT MOTION BECAUSE I'D HATE TO PUT THIS ON HOLD ANY LONGER. YEAH. I KNOW. I CONCUR WITH THAT AND CERTAINLY, UM, A LOT OF DIFFERENT THINGS TO BE FIGURED OUT WITH THAT, BUT I AGREE. I I'M, I'M EXCITED ABOUT THIS. YOU SAID THIS, THIS AREA WAS MADE FOR, UH, THE FIRST YEAR ON US, YOU KNOW, AND THIS IS ONE OF, UH, I THINK THERE ARE A LOT OF GOOD THINGS ABOUT THE FIRST YEAR ON NICE PROGRAM, BUT THIS IS ONE OF THE THINGS HERE. UM, AND ONE QUESTION I DID HAVE FOR, UH, THE APPLICANT AND I, I APPRECIATE WHAT YOU'RE DOING, UH, THERE, UH, MY BARBER'S RIGHT NEXT DOOR TO THAT. UM, WHAT, WHAT, I WANT TO TALK A LITTLE BIT ABOUT THE FIRST YEAR HONORS PROGRAM, BECAUSE WE GET A LOT OF SMALL BUSINESS OWNERS THAT ARE ASKING FOR, YOU KNOW, WHAT, WHAT IS THE CITY DOING TO HELP US, YOU KNOW, WHAT, WHAT, YOU KNOW, WE GIVE, YOU KNOW, LARGER BUSINESSES AND COMPANIES, THESE INCENTIVES AND DIFFERENT THINGS. AND I REMEMBER I WAS NOT ON COUNCIL. I WAS A RESIDENT AT A TIME WHEN A COUNCIL MEMBER AT THE TIME MITCHELL, UH, GAVE THE PRESENTATION ON FIRST YEAR AND ON US. AND I REMEMBER HIM STATING, YOU KNOW, TALKING ABOUT THIS IS TO GIVE ESSENTIALLY, AND I'M, I'M PARAPHRASING HERE, UH, YOU KNOW, THE SAME KIND OF INCENTIVES WE GIVE FOR OUR LARGE ONE TO SCALE IT FOR OUR SMALL BUSINESS COMMUNITY. SO ONE, HOW DID YOU HEAR ABOUT THE FIRST YEAR ON US PROGRAM? WHAT, WHAT HELPS YOU DECIDE? WHAT WOULD YOU ENCOURAGE THE CITY TO DO TO REACH MORE SMALL BUSINESS OWNERS LIKE YOURSELVES TO TAKE ADVANTAGE OF, UH, THIS AS WELL? THAT'S TOUGH. OKAY. WELL, I, I FIRST HEARD ABOUT IT ACTUALLY. UM, I DID A PROJECT IN SAN MARCUS AND, UH, I THIS A SIMILAR PROJECT WITH ACTUALLY THE SAME PROPERTY OWNER. THEY SOLD IT AT ONE OF THEIR SMALLER STORES AND THAT'S KINDA HOW I GOT STARTED REMODELING STORES. AND, UH, SO THEN REMODELED SOLD THAT ONE, BOUGHT TWO MORE AND, UH, WHICH IS THE ONE IN KYLE, WHICH IS A MUCH BIGGER OPPORTUNITY FOR US. THANK YOU. AND, UH, AND SO, YEAH, WE, WE WERE PRESENTED WITH AN OPPORTUNITY. I KNEW I WANTED TO COME IN AND REMODEL THE WHOLE, THE WHOLE PROPERTY. UM, SO I KIND OF WENT THROUGH IT WITH THE CITY OF SAN MARCUS AND I KNEW THERE WAS PROGRAMS AVAILABLE IN KYLE. AND SO, YOU KNOW, I REACHED OUT TO THE ECONOMIC DEVELOPMENT BOARD AND THINK VICTORIA AND LAUREN, YOU KNOW, HELPED ME THROUGH THE PROCESS. UM, AS FAR AS FOR SMALL BUSINESSES, I'M NOT, I'M NOT TOO SURE, BUT I THINK THIS IS A GREAT, OKAY, FANTASTIC. YEAH. I JUST STARTED, I GUESS YOU DID YOUR RESEARCH AND CERTAINLY THAT'S A WISE ENTREPRENEUR AND BUSINESS OWNER. YOU ARE TO DO THAT. AND SO I CERTAINLY APPRECIATE THAT AND I KNOW WE'VE MADE SOME EFFORTS TO HELP ECONOMIC DEVELOPMENT BE ABLE TO PROMOTE THIS PROGRAM A LOT MORE. UH, I'M VERY ENCOURAGED. I WAS EXCITED WHEN THE AGENDA CAME OUT AND I SAW AN APPLICANT FOR FIRST YEAR NOTICE. I THINK WE'VE DONE THREE. UH, SO, AND I'VE JUST BEEN EAGER TO GET MORE. SO I WANTED TO HEAR A LITTLE BIT ABOUT YOUR STORE AND HOW THAT CAME ABOUT. SO I APPRECIATE YOU GIVING US THAT FEEDBACK AND ALSO JUST BEING A SMART BUSINESS OWNER AND, AND DOING YOUR DUE DILIGENCE TO FIGURE THAT OUT. UH, CAUSE WE DO HAVE THINGS TO HELP WITH THAT. AND I, I HOPE THAT, UH, UM, OTHER BUSINESS OWNERS AND ENTREPRENEURS LIKE YOURSELF, UH, TAKE ADVANTAGE. THANK YOU. ANYONE ELSE? COUNCILLOR? TIMMY'S OKAY. WELL JUST ONE LAST QUESTION. ARE YOU GOING TO GIVE IT A NEW NAME? BECAUSE BACK IN MY DAY WE HAD SOMETHING CALLED BVS AND THEN WE, OF COURSE, OVER THERE OFF OF 35, THERE WAS THE OLD CHROME LEASE PLACE. AND SO JUST CURIOUS TO KNOW IF THE, THE BIG SIGN THAT YOU HAD THAT HAS UP THERE WITH ALL THE PRICES, IF THAT'S GOING TO CHANGE, IF THAT'S GOING TO BE ALL ELECTRONIC OR IF IT'S JUST, JUST A NEW KIND OF UNIQUE IDEA, I'M JUST THROWING IT OUT TO RIM. SO THE SIGN IS CURRENTLY ALL ELECTRONIC THERE. UM, SO THERE'S AN LED PRICE SIGN. UH, DON'T THINK WE'RE GOING TO DO A NEW NAME. I THINK WE'RE GOING TO STICK TO KYLE FOOD MARK. UM, BUT IF YOU SEE IN THE PICTURE, ACTUALLY IT LOOKS REALLY NICE SIGN. UM, YEAH, I DIDN'T REALIZE THE DRAWING WAS DOWN THAT LOW IN THE BACK OF MATERIAL. I HADN'T GONE DOWN THAT MANY PAGES BECAUSE IT LOOKED LIKE BLANK PAGES, BUT IT'S A GREAT DRAWING. I THINK THE FOOD MARK REALLY STICKS OUT ON IT. UH, I'M REALLY FORWARD TO SEE IT COME TO FRUITION. SO THANKS. THANK YOU. THANK YOU GUYS. UM, ARE, ARE YOU NOW THAT WE'VE KIND OF GONE THROUGH IT ALL, DO Y'ALL STILL WANT TO SEND THIS BACK TO ED AND T OR DO YOU WANT TO GO AHEAD AND SAY, BRING THE NEXT ONE 3D AND T CAUSE WE'VE, WE'VE GONE THROUGH THE WHOLE WHOLE PROCESS, YOU KNOW, AND I'M CERTAINLY OPEN TO THAT. I THINK I WOULD LIKE TO MOVE FORWARD WITH THIS. I THINK WE'VE COVERED IT, BUT CERTAINLY [02:05:01] GOING IN THE FUTURE BECAUSE I AGREE WITH YOU MIRROR. UH, I THINK, UH, D D AND T BOARD IS CHOMPING AT THE BIT TO GET IT, THINGS LIKE THIS. WE WANT THEIR INPUT ON THIS. SO CERTAINLY GOING FORWARD. I THINK WE CAN DO THAT, BUT I THINK WITH THIS GENTLEMAN AND WHAT HE'S BROUGHT FORWARD NOW, I'M, I'M EAGER TO PREDICT. YEAH, IT SEEMS LIKE THEY COULDN'T MEET THE QUORUM. SO IT WASN'T BECAUSE THE, THAT Y'ALL, DIDN'T TRY TO DO THAT OR WHATEVER. SO IF THEY CAN'T REALLY COMPLAIN TO ME ABOUT THIS ONE, IF THEY COULDN'T MAKE THE QUORUM, SO, AND THAT'S ON THE RECORD. SO, UH, ALL RIGHT. I'D LIKE TO RESCIND MY MOTION, UH, IS THAT AGREEABLE TO SECOND? OKAY. ALL RIGHT. I'M GOING TO RESTATE THE MOTION TO APPROVE. ALL RIGHT. MOVE BY THE MAYORS. SECOND, SECOND, SECOND BY COUNCIL MEMBER RIZZO. IS THERE A DISCUSSION ON THAT MOTION? ALL IN FAVOR, SAY AYE. ALL OPPOSED. MOTION CARRIES SIX TO ZERO. ALL RIGHT. YOU'RE DONE WELL DONE. THANK YOU. YEAH, GO BUILD IT. IT LOOKS GOOD. [23.   Consider approving an Interlocal Agreement (ILA) between the City of Kyle and Hays County for the City's funding obligations of each entity for the Center Street Union Pacific Rail Siding Project.  The City's total funding obligation shall not exceed $1,230,000.00 under this ILA. ~ Paula Gruber, HNTB ] UH, NEXT STEP AGENDA ITEM NUMBER 23. CONSIDER APPROVING AN INTER LOCAL AGREEMENT BETWEEN THE CITY OF KYLE AND HAYES COUNTY FOR THE CITY'S FUNDING OBLIGATIONS FOR THE CENTER STREET P RAIL SIDING PROJECT. UH, TOTAL FUNDING, UH, OBLIGATION SHALL NOT EXCEED 1.2, 3 MILLION UNDER THE ILA MAYOR. THIS HAS BEEN REQUESTED TO BE POSTPONED TO THE 11 ONE COUNCIL. ALL RIGHT, WE'LL BRING IT BACK. OKAY. LET'S [24.  Approve an agreement with K FRIESE & ASSOCIATES, Austin, Texas, a civil engineering consulting firm, to provide project management services for the design and construction of specific road projects throughout the City to be funded under the 2022 Road Bond Program. ~ Leon Barba, P.E., City Engineer] JUST MOVE ON NEXT UP AGENDA 24, APPROVE AND AGREEMENT WITH AND ASSOCIATES, UH, TO PROVIDE PROJECT MANAGEMENT SERVICES FOR THE DESIGN AND CONSTRUCTION OF SPECIFIC ROAD PROJECTS THROUGHOUT THE CITY TO BE FUNDED UNDER THE 2022 ROAD BRON BOND PROGRAM. I LOVE HOW IT'S JUST LIKE 20, 22 ROAD BOND PROGRAM. SO OFFICIAL, GOOD EVENING, MAYOR AND COUNCIL, LEON BARBARA CITY ENGINEER, MAYOR AND COUNCIL ON JULY 20TH, COUNCIL APPROVED A RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ENGINEER TO NEGOTIATE AN AGREEMENT WITH FREEZE AND ASSOCIATES TO PROVIDE PROJECT MANAGEMENT SERVICES. AND TO BRING BACK THAT CONTRACT, UH, TO COUNCIL FOR YOUR REVIEW AND APPROVAL, UH, ALSO INCLUDED IN THAT WAS WE WERE SUPPOSED TO BEING SOME CONTRACT AMOUNTS, BUT IF YOU'LL NOTICE IN THE ATTACHMENTS ARE IN YOUR BACKUP, WE DON'T HAVE ANY DOLLAR FIGURES IN THERE. AND THE MAIN REASON IS THAT WE, UH, AS WE DEFINE TASK ORDERS, WE'LL, UH, COME UP WITH THOSE NUMBERS OR THOSE DOLLARS. AND WE'LL BRING THOSE BACK TO COUNCIL FOR YOUR REVIEW AND APPROVAL. UH, THERE'S CONVERSATION ABOUT SWITCHING UP ROADS, ADDING ROADS IS NOW THE TIME MARIN COUNCIL. THERE HAS BEEN ONE ADDITIONAL ROAD PER THE TRANSPORTATION MASTER PLAN THAT IS CURRENTLY A, UH, LARGER TERRIEL MAJOR ARTERIAL, UH, THAT IS NOT IN THIS GEC CONTRACT PROPOSAL. WE'D LIKE THE COUNCIL TO CONSIDER ADDING THE ONE 50 EXTENSION TO THE LIST OF PROJECTS TO BE ASSIGNED. OKAY. IS THAT THE ONLY ONE TO ADD? IS THERE ANY, ARE THERE ANY TO REMOVE, YOU'RE JUST CHANGING THE SCOPE ON SOME, BUT RIGHT. CHANGING THE SCOPE ON, UH, SEVERAL OF THE ROADS IN THE BRICK AND MORTAR DISTRICT AREA, UH, WHERE SOME ENGINEERS WILL NOT NEED TO BE CONTRACTED PER THIS PER THE SCOPE, BUT, UH, FROM AN OVERSIGHT PERSPECTIVE, KEYFRAMES AND ASSOCIATES WOULD STILL, UH, AUDIT THE, THE WORKOUT, THE ENGINEERS. OKAY. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO, TO, UH, UH, COUNCILLOR FLOOR KALE. SORRY. THANK YOU. UM, CAN I ASK WHO DRAFTED THIS AGREEMENT? WE HAD, UH, LEGAL, UH, DO THE MAIN PART OF IT. AND THEN WE ALSO ASKED A K FREEZING ASSOCIATES TO PROVIDE, OKAY. MY CONCERN IS AND HAS BEEN MAKING SURE WE HAVE THE CORRECT NAMES IN THESE DOCUMENTS, THE NAME OF THIS BUSINESS. AND, AND I, I KNOW THIS BECAUSE I KNOW MOST BUSINESSES IN THE STATE OF TEXAS HAVE TO END WITH EITHER INC OR COM LLC. THE ACTUAL NAME OF THIS IS K FREE'S NOT PLUS, BUT AMSTERDAM AND ASSOCIATES, COMMA, INC. PERIOD. SO EVERYTHING ABOUT THIS DOCUMENT IS WHERE THE NAME IS IS WRITTEN IS NOT CORRECT. SO I JUST WAS KIND OF CURIOUS AS TO WHAT WE CAN DO AS A CITY TO MAKE SURE IT DOESN'T HAPPEN. UM, THERE'S AN ATTACHMENT IN THERE AND IT'S CALLED THE INSURANCE. IF YOU GO TO THE INSURANCE DOCUMENT, THE CERTIFICATE OF LIABILITY INSURANCE SAYS INSURED, AND THEN IT GIVES THE APP THE WHOLE NAME. SO IN THE EVENT, YOU DON'T QUITE UNDERSTAND HOW TO USE THE COMPTROLLER WEBSITE. WE CAN ALWAYS GO TO WHATEVER THEY GIVE US AND MAKE SURE WHATEVER THEY USE IN THEIR DOCUMENTS IS WHAT WELL. AND EVEN THAT, SOMETIMES PEOPLE DON'T UNDERSTAND, UM, THEY JUST CALL THEMSELVES WHATEVER THEY WANT, BUT, UH, WE, WE CAN, THERE'S WAYS TO FIND OUT THE EXACT NAME BECAUSE, UM, THE ONE THAT'S USED IN THE AGREEMENT IS, IS INCORRECT. WE CAN GET THAT CORRECTED. OKAY. THANK YOU. UH, PAIGE, DO YOU WANT TO WEIGH IN ON THAT? IS THERE A, IS [02:10:01] THERE ANY LEGAL, RIGHT. I AGREE WITH, UH, BUT I LIKE TO MAKE SURE WE DO IS CHECK THE SECRETARY OF STATE RECORDS TO MAKE SURE THAT THE NAME IS CORRECT WHAT THIS APPEARS TO ME TO BE AS A DBA, BECAUSE THAT NAME APPEARS AS THE NAME THAT THEY USE TO DESCRIBE THEIR BUSINESS. SO I THINK THE MORE DESCRIPTIVE THING TO BE WOULD BE TO ADD THE DVA AND THE OFFICIAL SOS NAME. DO YOU NEED US TO GIVE DIRECTION FROM THAT IN MOTION OR IS THAT, UM, DO YOU HAVE A RECOMMENDATION FOR WHAT YOU WANT US TO SAY RECOMMENDED APPROVAL WITH THE, UM, WITH THE SECRETARY OF STATE RECORDS NAME TO BE ADDED FOR THE COMPANY? ALRIGHT. UH, I'D LIKE TO MAKE A MOTION TO APPROVE, UH, AND I'M IN THE CONTRACT TO ADD THE RECOMMENDED SECRETARY OF STATE'S NAME TO THE CONTRACT, UH, AND TO ADD THE ONE 50 EXTENSION ROAD AS DISCUSSED UNDER THE PROJECT SCOPE, MOVE BY THE MAYOR SECOND BY COUNCIL MEMBER FOR SCALE. IS THERE DISCUSSION ON THAT MOTION? UM, QUICK QUESTION, MAY AHEAD. AWARE, WOULD THAT ONE 50 UNDERLINED IN THE SECTION EIGHT GENERAL OBLIGATION BOND, OR WOULD IT BE UNDER THE, I'M JUST LOOKING AT THE WORD ASSESSED SCOPE OF WORK. IT SHOULD BE UNDER EXHIBIT A. OKAY. WE SHOULD END IT THERE. SO WE'RE NOW MOVING IT UP TO SEVEN INSTEAD OF SIX, W WE'RE WE'RE STILL WORKING ON A FUNDING SOURCE FOR THAT ROADWAY. SO IT WOULDN'T BE UNDER A SPECIFIC FUNDING HEADER RIGHT NOW IN THE.COM. YEAH. ALL RIGHT. ANY, ANY OTHER DISCUSSION? IS THAT OKAY? I MEAN, DO WE NEED IT? OKAY, THANK YOU. YES, SIR. ALRIGHT. ALL THOSE IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. HOW MANY OF US WERE UP HERE? FIVE TO ZERO. ALL RIGHT. [25.   Memorandum of Understanding for the City Lights and Kyle Marketplace Subdivision/Development Between the City of Kyle, Texas, a Texas Home Rule Municipal Corporation (The "City"), and Central Southwest Texas Development, L.L.C. ~ James R. Earp, Assistant City Manager ] NEXT UP AGENDA ITEM 25. MEMORANDUM OF UNDERSTANDING FOR THE CITY LIGHTS AND KYLE MARKETPLACE SUBDIVISION DEVELOPMENT BETWEEN THE CITY OF KYLE, TEXAS, UH, AND CENTRAL SOUTHWEST TEXAS DEVELOPMENT, LLC. MR. AARP MAYOR COUNCIL FOR THE RECORD, JAMES ARE HAPPY TO BE HERE TONIGHT AND BRINGING FORWARD THE MEMORANDUM OF UNDERSTANDING, UH, FOR, OOH, THAT'S A REALLY UNFORTUNATE PLACEMENT OF THE LOGO. THEY WERE GOOD. UM, I APPRECIATE EVERYBODY JUST GIVE ME ONE OPPORTUNITY TO GET THE SCREEN SHARE GOING SO I CAN SHARE THE PRESENTATION. AND THEN TRAVIS SAVILLE IS ALSO IN THE AUDIENCE TO BE ABLE TO RESPOND TO QUESTIONS, UH, THAT THAT MAY BE APPROPRIATE. JUST WANT TO GIVE A MOMENT TO MAKE SURE THAT THE SCREEN-SHARE IS GOING TO SHOW THE POWERPOINT. OKAY. SO TONIGHT I'M PRESENTING ON THE JLL CALLED CROSSING PHASE TWO DEVELOPMENT. UH, THIS IS A MEMORANDUM OF UNDERSTANDING. I JUST WANTED TO LAY OUT FOR YOU THE TIMELINE OF WHERE WE'RE AT ON THIS PROJECT AND WHAT WE'RE LOOKING AT DOING. SO THE PARCELS THAT ARE, HAVE BEEN IN QUESTION FOR THIS PARTICULAR PROJECT OR IDENTIFIED ON THE MAP BEFORE YOU AND THE POWERPOINT PRESENTATION, UH, BOTH OF THESE PARCELS ARE ZONED CURRENTLY AS RETAIL SERVICES AND ARE A PART OF THE LARGER, UH, PAL CROSSING PROJECT, UH, WHICH WAS, UH, NAMED BEFORE CALL CROSSING WAS RENAMED AS A ROADWAY FURTHER NORTH, UH, ORIGINALLY IN 2019 THAT DEVELOPER, UH, YOU KNOW, PUTTING THIS PROPERTY IN CONTRACT, UH, AND THEN TRIED TO MARKET THE PROPERTY THAT THEY WERE UNABLE TO FIND RETAIL USES FOR THE SOUTHERN PARCEL. SO WE'RE GOING TO REFER TO THESE PARCELS AS THE SOUTHERN PARCEL, WHICH IS THE ONE AT THE BOTTOM OF THE MAP AND THE NORTHERN PARCEL, WHICH IS THE ONE AT THE NORTHWEST CORNER OF THE MAP. UH, THESE ARE ORIENTED ALONG, UH, KYLE MARKETPLACE AND, UH, CALL PARKWAY. AND THEN THE SOUTHERN TRACK ALSO HAS CITY LIGHTS DRIVE PHYSICIANS WAY, UH, AROUND ITS BORDERS TOO. SO THEY WERE UNABLE TO FIND RETAIL USES FOR THE SOUTHERN TRACK. UH, THE DEVELOPER JLL APPROACH, THIS THE STAFF IN 2020 AND, UH, STARTED TO TALK TO STAFF ABOUT POTENTIALLY REZONING THE SOUTHERN PARCEL TO OUR THREE, THREE. UH, THIS WAS THE, THE PARCEL THAT WAS ORIGINALLY GOING TO BE, UH, THAT THE CITY LIGHTS MOVIE THEATER, WHICH IS THE REASON THAT THE ROAD IS NAMED CITY LIGHTS. UH, JUST AS A REMINDER, ORIGINALLY, THE MOVIE THEATER WAS GOING TO GO HERE. THE INFRASTRUCTURE WAS PUT IN AND THEN THE MOVIE THEATER BACKED OUT. IN THE MEANTIME, THE PARCELS ALONG INTERSTATE 35, WENT AHEAD AND DEVELOPED LEAVING THIS PARCEL KIND OF MAROONED AT THE BACKSIDE AND SIGNIFICANTLY DECREASING ITS VIABILITY FOR RETAIL SERVICES. HENCE THE REASON FOR THE REQUEST FOR OUR THREE, THREE DEVELOPER PARTNERED WITH THE MULTI-FAMILY BUILDER AND REQUESTED, UH, THE ZONING CHANGE, UH, THEIR INTENT WAS ON THE NORTHERN PARCEL TO CONTINUE [02:15:01] TO DEVELOP A RETAIL WITH, UH, BIG BOX JUNIOR ANCHORS. UH, THE, THE PROPERTY THAT IS BEING REQUESTED TO BE REZONED WAS IN THE KYLE PARKWAY, 35 SUPER REGIONAL NODE, AND IN ACCORDANCE WITH THE COMPREHENSIVE PLAN AND IS DESIGNATED A REGIONAL CENTER AND R THREE, THREE WAS CONSIDERED A RECOMMENDED USE. SO THEY FOLLOWED THEIR, UH, APPLICATION, UH, FOR THE ZONING CHANGE AND IN 20 10, 20 21, BUT THAT ZONING CHANGE WAS, UH, DECLINED OR RECOMMENDED FOR, FOR DISAPPROVAL BY THE PNZ, BY A VOTE OF FIVE TO ONE. AND THEN AS YOU WERE RECALL, IT CAME TO CITY COUNCIL AND CITY COUNCIL, UH, DISCUSSED SUPPORT FOR MXD IN THAT PARTICULAR AREA, WHICH WOULD BE AN . UH, SO THE DEVELOPER THEN, UH, YOU KNOW, BEGAN NEGOTIATIONS WITH THE CITY STAFF TO LOOK AT, UH, YOU KNOW, UPGRADING THIS PROJECT. SO AFTER THE MXD CHANGE, THE DEVELOPERS, UH, MULTI-FAMILY, UH, PARTNER BACKED OUT. WE AS STAFF AND THE COUNCIL CONTINUED TO MEET WITH THEM AND ENCOURAGE THE ADDITIONAL DENSITY ON THE SOUTH PARCEL SO THEY COULD GET ADDITIONAL DOLLARS AND VALUE VALUATION INTO THE PROJECT. UH, AT ABOUT THAT TOWARD THE END OF THIS PROCESS, THE CITY WAS ADOPTING THE, THE TRAIL ORIENTED DESIGN AND ENCOURAGED THE DEVELOPER TO REASSESS THEIR PLAN, THE DEVELOPER THEN SCRATCH THEIR JUNIOR TENANT FORMAT AND THEN PLAN FOR A INTEGRATED VERTICAL MIXED USE, UH, WHICH TURNED ALMOST ALL THE GROUND FLOOR AND THE NORTHERN PARCEL INTO OUR S AND THEN SOUTHERN PARCEL INTO OUR S AND OR LIVE WORKSPACE. AND THEN THE DEVELOPER ALSO PLANNED AROUND THE COLL TRAIL SYSTEM AND ENHANCED INTERNAL PEDESTRIAN ASSETS, INCLUDING THE TRAIL, THE PEDESTRIAN OVERPASS, THE ENHANCED RESTAURANT ENTERTAINMENT PARK. AND THEN THAT LED US TO A MEMORANDUM OF UNDERSTANDING TO DISCUSS AND LAY OUT THE COMMITMENTS FROM BOTH PARTIES THAT WE AS WE CURRENTLY HAVE THEM TODAY, INCLUDING THE INCENTIVE PACKAGE. AND THAT'S THE ITEM TO KNOCK BEFORE COUNCIL. SO JUST A REAL QUICK PICTORIAL NARRATIVE. THIS IS THE NORTHERN PARCEL OF WHAT THE JUNIOR BIG BOX LAYOUT WAS GOING TO LOOK LIKE. UH, AND SOME OF THE, UH, UH, I GUESS, DEVELOPMENTS AND, UH, RETAILERS THAT MIGHT'VE BEEN IN THAT PARTICULAR PROJECT, THIS WAS THE LAYOUT OF THE SOUTHERN PARCEL, UH, WHICH WAS ALL APARTMENTS AT THE TIME. SINCE THEN, SINCE THE ORIGINAL PROPOSAL, WE HAVE HAD A NUMBER OF ENHANCEMENTS OF THE FIRST AND NOT LEAST THE, WHICH IS, UH, THE DEVELOPER IS DONATING 3.5, SIX ACRES OF GIFTED LAND TO THE CITY, WHICH IS THE PARCEL THAT'S DIRECTLY BEHIND KOHL'S AND TARGET, UH, BUT IS, UH, NORTH OF THE SOUTHERN PARCEL NOT HAVING CHANGED THE ORIENTATION OF THIS, BECAUSE THAT'S THE WAY THE SLIDE WAS DONE BY THE DEVELOPER, BUT THE NORTH NORTHERN PARCEL IS NOW AT THE TOP, AND THEN THE SOUTHERN PARCELS ON THE LEFT. SO THE 3.56 ACRES, YES. UH, ON THE 3, 5, 6, CAN YOU TELL ME HOW THAT'S, UH, UH, CA CODIFIED IN THE, IN THE DA, AS IT RELATES TO CREDITS OR THE FINANCIAL, ARE THEY GETTING CREDITS FOR THAT GIFT? SO, SO THEY'RE, THEY'RE NOT RECEIVING PARKLAND FEE DEDICATION, IF THAT'S WHAT YOU'RE ASKING FOR. UM, THIS IS A, YOU KNOW, THIS WAS CONSIDERED TO BE, UH, A DONATION AND IT'S NOT CONSIDERED TO BE PARKLAND. UH, IT'S A DONATION OF LAND. SO THAT IS THE WAY THAT IT SHOULD BE SET UP IN THE, IN THE FINAL DA. THE MOU IS EFFECTIVE, EFFECTIVELY LAYING OUT WHAT THE TERMS OF, OF THE DA THAT WILL FOLLOW WILL BE. SO IS IT, IS THE INTENTION FOR IT TO BE TRADED IN EXCHANGE FOR PARKLAND, OR IS IT, IS IT WITHIN THE, LET'S PUT IT THIS WAY? IS IT WITHIN THE 13 MILLION OR INDEX, UH, OR, UH, IN ADDITION TO THE 13 WEEK IT'S OUTSIDE OF THE, IT'S AN ADDITION TO THE 13 MILLION. THEY'RE NOT, THEY'RE NOT GETTING CREDIT FOR THE LAND THAT THEY'RE DEDICATING. IT GETS ME FEES THAT I'M AWARE OF. OKAY, SURE. QUESTION THERE, YOU UNDERSTAND MY QUESTION, TRAVIS, SO YOU'RE COMPLETELY DONATED. OKAY. THANK YOU. WHICH MAKES THAT VERY VALUABLE. SO I, YOU KNOW, THE, THE, THE POINT I'M SORT OF TRYING TO MAKE HERE IS THAT, UH, THANK YOU FOR PUTTING THAT IN, IN THAT WAY. IT'S THE GIFTED LAND IN QUOTES. UM, YOU KNOW, IT MAKES ME, YOU KNOW, MY EYEBROWS RAISED JUST A LITTLE BIT, BECAUSE I'M THINKING, IS THAT AN ACTUAL, THIS IS A PART OF THE DEAL, OR IS THIS BECAUSE OFTENTIMES IT'S AN EXCHANGE FOR PARKLAND FEE CREDITS, WHICH IS NOT A GIFT, IT'S AN EXCHANGE, UH, IT'S A TRADE GET FROM THE BOTTOM OF YOUR HEART. RIGHT. I'M SURE IT'S JUST, SO WE BROUGHT IT UP A COUPLE OF TIMES THROUGH THIS PROCESS, AND I WANT TO MAKE SURE THAT IT GOT ALL THE WAY THERE. THAT THAT WAS THE ACTUAL WAY THAT THIS WAS SET UP. SO THANK YOU. ALL RIGHT, MAYOR CONTINUING, UH, THIS IS THE MAP OF THE CITIES, [02:20:01] UH, PROPOSED, UH, TRAIL SYSTEM. UH, I CAN'T, UH, DO THE LASER POINTER LIKE I WAS HOPING TO, BUT I THINK EVERYONE KNOWS THAT MARKETPLACE, UH, WHICH IS KIND OF THE CENTER OF THE MAP FOR SO HAS, UH, HAS A LARGE SECTION OF THE TRAIL AND THE TRAIL THEN COMES THROUGH THE NORTHERN PARCEL OF THIS PROPERTY. AND THEN WE ARE PROPOSING A PEDESTRIAN OVERPASS OVER THE RAILROAD TRACKS TO ALLOW ADDITIONAL CONNECTIVITY, AND THEN ULTIMATELY CONTINUING THE TRAIL UP INTO THE NORTHERN PART OF PLUM CREEK AND THE BRICK AND MORTAR DISTRICT. AND THEN ALL THE WAY DOWN SOUTH, UH, INTO THE PUNK CREEK BASIN. THIS IS THE NEW LAYOUT. IF YOU REMEMBER THE, THE JUNIOR BIG BOX, THIS IS NOW THE VERTICAL MIXED USE LAYOUT WITH A COMPLETE REASSESSMENT OF HOW THE ENTRYWAY IS OFF A CALL PARKWAY. UH, ONE OF THE MAIN ENTRIES WOULD BE OFF OF KYLE PARKWAY IN, AND YOU WOULD HAVE THE VIEW SHED OF THE COURTYARD, UH, ALL THE WAY THROUGH WITH THE PEDESTRIAN, UH, PATH ONE ALL THE WAY UP AND DOWN ON YOUR SCREEN, WHICH IS THE RED DOTS. UH, THAT'S THE 12 FOOT PEDESTRIAN PATH THAT IS INCLUDED. THE VERTICAL MIX USE, UH, WILL ALLOW AND ENCOURAGE FOLKS TO BE ABLE TO FLOW THROUGH THE VERTICAL MIXED USE PROJECT AND INTO THE COURTYARD AND THE RESTAURANT PAD SITES. THIS IS A ROUGH SKETCH OF WHAT THEY HAVE AVAILABLE RIGHT NOW FOR THE COURTYARD AREA. UH, IT'S NOT, IT'S OBVIOUSLY NOT IN ITS FINISHED STATE. THIS IS THE CONCEPTUAL, BUT FUNDAMENTALLY WHAT THEY WILL HAVE IS AUDIO VISUAL IN THIS AREA TO ALLOW FOR THEM TO BE ABLE TO SHOW MOVIES OR HAVE CONCERTS. UH, THEY WILL HAVE WATER FEATURE, UH, PERGOLA AND PATIO AREAS, TREE PLANTINGS, AND THEN THEY'LL HAVE TURF IN THE CENTER FOR LONG-TERM CARE AND, UH, YOU KNOW, VIABILITY OF THE, OF THE SPACE. THIS IS THE, UH, THIS IS THE VIEW OF THE, OF THE NEW PLAN. NOW WE'LL SAY THAT THE VERTICAL MIXED USE PRODUCT ON THE LEFT ACTUALLY HAS A DIFFERENT ELEVATION THAN WHAT YOU'RE CURRENTLY SEEING. AND THAT WILL COME IN A COUPLE OTHER PICTURES, BUT THIS WILL HELP YOU SEE, UH, KIND OF THE VIEW SHED THROUGH THE PROJECT AND WHAT THEIR VISION IS. UH, THIS IS A VIEW OF THE GREEN AND THE AREA AROUND IT FOR THE GATHERING SPACE. THIS IS A VIEW BACK OUT THAT INCLUDES SOME OF THE PUBLIC ART. THAT'S ALSO A PART OF THEIR COMMITMENT TO US. UH, THIS IS THE CHIPOTLE AND THE BLACK ROCK COFFEE. UH, THEY ALLOWED ME TO INCLUDE THESE BECAUSE BOTH OF THOSE ARE SIGNED DEALS. AND THEN THIS IS THE FINISH OF THE BUILDINGS FOR THE MIXED USE, UH, WHICH IS A COMBINATION OF THE BRICK, UH, THE MASONRY AND THE LIMESTONE. UH, IT INCLUDES BALCONIES AND INCLUDES, UH, SUNKEN BALCONIES AS WELL. SO THAT WAS ONE OF THE THINGS TO MAKE SURE WE DIDN'T HAVE OVERHANGS, UH, THIS, YOU KNOW, INCLUDES THE COURTYARD AREA. UH, THAT WOULD BE KIND OF ON THE INTERIOR SIDE FOR MORE OF THE, UH, RESIDENTS WHO LIVED THERE, THEN THE BUSINESSES OR THE LIVE WORK UNITS ARE ON THE BOTTOM FLOOR. THIS HAS THE NEW SITE PLAN FOR THE, UH, SOUTHERN TRACK, WHICH CONVERTED THE, UH, THE VERY BOTTOM OF THIS TRACK WAS ORIGINALLY GOING TO BE DETENTION. AND THAT WAS ONE OF THE AREAS THAT WE WERE ABLE TO, UH, INCLUDE ADDITIONAL DENSITY BY HAVING REGIONAL PARTNERSHIP FOR REGIONAL DETENTION, UH, WHICH HELPED THEM BE ABLE TO GET INTO PRICE POINTS IN A, IN A SUITABLE SITUATION THAT THEY NEEDED IN ORDER TO BE SUCCESSFUL, BUT ALSO GAVE US EXPOSURE TO RETAIL SERVICES ALONG THE ROADWAYS AND LIVE WORK UNITS, ALONG ALONG THE ROADWAYS ON ALL FOUR SIDES. THIS IS A, ANOTHER RENDERING OF THE ELEVATIONS. UH, THIS SHOWS YOU THE MATERIAL BREAKDOWN OF THE, YOU KNOW, OF THE ELEVATION BETWEEN THIS IMAGE OF SIDING AND THE MASONRY, UH, AND THE FINISHES ARE THE, THE PICTORIAL, UH, ITEMS THAT ARE ATTACHED ARE THE, ARE THE COMMITMENTS OF THE DEVELOPER ON THE MATERIALS AND THE COLOR SCHEMES THAT THERE'LL BE DELIVERED. SO AGAIN, ANOTHER RENDERING, THIS IS THE SOUTHERN PRODUCT RENDERINGS. AND THEN THIS IS THE COURTYARD AREA THAT IS TO THE, THE NORTHWEST CORNER OF THIS PARCEL, UH, WHICH IS, UH, DIRECTLY ACROSS THE STREET FROM THE MAIN CITY TRAIL. AND THEN IT JUST ANOTHER VIEW GOING UP MARKETPLACE, WHERE YOU HAVE PARALLEL PARKING. SO THE TERMS OF THE AGREEMENT ARE AS FOLLOWS. THE DEVELOPER IS COMMITTING $3 MILLION CONTRIBUTION FOR THE PEDESTRIAN BRIDGE OVER THE RAILROAD TRACKS. THEY'RE DONATING 3.5, SIX ACRES OF LAND. THEY'RE COMMITTING TO 14,000 SQUARE FEET OF COMMERCIAL SPACE WITHIN 24 MONTHS OF SIGNING. THE ACTUAL AGREEMENT, THE NORTH MXD, UH, IS COMMITTING TO 18,000 SQUARE FEET OF RS. THE SOUTH MXD IS COMMITTING TO 15,000 SQUARE FEET OF RSL ON MARKETPLACE, 15,000 SQUARE FEET OF RS ALONG CALL CENTER, 15,000 SQUARE FEET OF LIVE WORK. AND FOR OUR S ALONG BOTH PHYSICIANS WAY IN CITY LIGHTS DRIVE, UH, THE POCKET PARK FOR THE NORTH, UH, IS DELIVERABLE IN THE FIRST PHASE. [02:25:01] THEY ARE COMMITTED TO THE URBANIZED DESIGN THAT THEY HAVE PROVIDED FOR YOU BUILDING THE 12 FOOT PEDESTRIAN TRAIL, UH, THROUGH AND AROUND THE PERIMETER OF THEIR PROJECT. AND THEN ALSO INCLUDING FUNDING FOR PUBLIC ART. FROM THE CITY SIDE, THEY HAVE ASKED FOR A GOOD FAITH TO COMPLETE ALL AGREEMENTS, INCLUDING INCENTIVE PACKAGES WITHIN 30 DAYS OF THE MOU, UH, THEIR INCENTIVE PACKAGE THAT THEY'VE REQUESTED AND NEGOTIATED IS 50% AD VALOREM, 50% SALES TAX FOR UP TO 15 YEARS, UH, UP TO $13 MILLION. AND THEN THEY'VE ASKED FOR A REBATE FROM AN ESCROW ACCOUNT ON OUR HEART, ON OUR BEHALF, UH, WHERE WE WOULD HOLD THE FUNDS THAT THEY PAY FOR BUILDING PERMIT FEES, SITE DEVELOPMENT FEES, AND ADJACENT LANE MILE FEES AND CREDIT THOSE BACK TOWARD THE $13 MILLION. UH, THE ADJACENT LIMA FEE WOULD ONLY BE APPLICABLE IF THE COUNTY PARTICIPATES IN THE 3 81, OTHERWISE THE LLM WOULD NOT BE CREDITED TOWARD THE $13 MILLION, UH, CAP. NOT NONE OF THOSE FEES ACTUALLY INCREASED THE $13 MILLION. IT JUST ALLOWS THEM TO READ THREE $13 MILLION FASTER. UH, THERE'S A 24 MONTH TERMINATION CLAUSE. IF THERE'S NO DEVELOPMENT PERFORMANCE, THERE'S A REDUCTION IN INCENTIVE. IF THE COUNTY DOES NOT PARTICIPATE. NOW, THAT ITEM WAS ADDED TODAY AT FOUR 30 ON OUR PHONE CALL. UH, IF THE COUNTY FAILS TO PARTICIPATE IN A 3 81, THE DEVELOPER HAS AGREED TO INCLUDE LANGUAGE IN THE DEVELOPMENT AGREEMENT, UH, AND OTHER THREE 80 AGREEMENT, I WOULD ASSUME THAT WOULD REDUCE THE $13 MILLION, UH, PROPORTIONATELY TO A SUITABLE NUMBER TO BE DETERMINED BY BOTH PARTIES. IF THE COUNTY DOES NOT PARTICIPATE. AND THEN OF COURSE, THEY'RE ASKING FOR THE, FOR THE CITY'S CONSIDERATION AND REZONING, UH, THE RS TWO MXD OR SOME COMBINATION OF MXD RS, AND POTENTIALLY IF, IF WE GET TO A POINT WHERE, UH, THE DENSITIES AREN'T ALLOWED OR THE, UH, THE MXD DOESN'T ALLOW FOR THE, FOR THE USE VARIATION THAT WE NEED, THAT WE MAY NEED TO LOOK AT SWITCHING IT TO A PUD ZONING. UH, AND, AND THEY'VE ASKED FOR THE COMMITMENT TO DO THAT BY THE WAY, BOTH MXD AND RSR, UH, RECOMMENDED USES IN THE SUPER REGIONAL AND THE, SO THAT BRINGS US TO THE REQUESTED ACTION ITEM FOR TONIGHT. SO WE'RE SEEKING A MOTION TO AUTHORIZE THE CITY MANAGER, TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CENTRAL SOUTHWEST TEXAS DEVELOPMENT, LLC, OR KYLE CROSSING AND PHASE TWO, THE PROJECT NAME TO BE DETERMINED, LOCATED ON CALL MARKETPLACE. AND IT HAS APPROVED INFORMED BY THE CITY ATTORNEY. I'M HAPPY TO ANSWER ANY QUESTIONS OR HAVE TRAVIS COMING TO THE, YOU KNOW, TO THE, UH, MICROPHONE TO ANSWER QUESTIONS FOR YOU. THANK YOU, JAMES. SEE WHETHER YOU HAVE ANY QUESTIONS, CUSTOMERS. OKAY. YEAH. THIS IS FOR THE APPLICANT, TRAVIS I JUST HAVE ONE AREA OF CONCERN AND THAT'S THE OUTDOOR STAGE. WHAT KIND OF MUSIC ARE WE LOOKING AT PUTTING OUT? IS IT GONNA BE AMPLIFIED OR NON AMPLIFIED MUSIC? AND IS, IS WE ARE GETTING QUITE A FEW COMPLAINTS HERE FROM RESIDENTS IN THE AREA. I THINK THIS WOULD ADD TO IT. AND WE DID AMPLIFY, UH, WE'RE OPEN TO THE CONSTRUCTION AND, AND LOOK AND DELIVERY OF THAT. THAT'S KIND OF WHERE THAT, THAT, THAT RENDERING KIND OF CAME FROM THE LESS OF A RENDERING, BUT THAT'S, THAT'S KIND OF WHERE IT CAME FROM, WAS FOR INPUT. UM, WE WERE, THAT IS NOT FULL DESIGNED YET. WE ARE, OUR INTENT IS TO MAKE THIS WITH YOUR INPUT. AND SO I, I'M NOT A SOUND EXPERT, BUT WE'LL DO WHAT WE NEED TO DO TO BE OBVIOUSLY TO ACCOMMODATE THAT. ALL RIGHT. SOUNDS GOOD. THANK YOU. UH, JAMES, DO YOU HAVE AN ESTIMATE OR MAYBE DOES ANYBODY HAVE AN ESTIMATE OF WHAT THE FEES THAT YOU'RE ASKING FOR TO BE HELD IN ESCROW? WHAT THE TOTAL SUM THERE IS LIKELY TO BE IN PARTICULAR OF THE INITIAL CONSTRUCTION YOU HAD THE INITIAL RETAIL PHASE THAT YOU'RE COMMITTING, UH, YOU'RE COMMITTING TO CONSTRUCT A CERTAIN AMOUNT OF RETAIL UPFRONT WITH THIS, AND THERE'S GOING TO BE FEES PLUS OBVIOUSLY THE MULTIFAMILY AS WELL. THERE'S FEES ASSOCIATED WITH THAT. SO YOU'RE SAYING THAT YOU WANT THOSE DOLLARS TO GO INTO ESCROW AND BE APPLIED BACK ESSENTIALLY. SO YOU GIVE THE MONEY TO US, AND THEN WE GIVE IT BACK TO YOU ONCE A CERTAIN AMOUNT OF TIME. DO YOU KNOW WHAT THAT NUMBER IS CORRECTLY? I DON'T OFF THE TOP OF MY HEAD. UM, CAN YOU GIVE ME A RANGE? IS IT MORE OR LESS THAN 500,000 MORE? OKAY. MADE MAYBE SEVEN 50 AND I'M, I, I DON'T WANT YOU TO HOLD ME TO THAT. I, I, WOULDN'T RATHER GIVE YOU A LARGER NUMBER THAN WHAT IT WOULD BE. I, I, WITH ALL THAT IT IS, UM, PLEASE KEEP IN MIND, WE'RE GOING THROUGH OUR DEVELOPMENT PROCESS RIGHT NOW WITH THE CITY. AND, YOU KNOW, WE HAD TO DELIVER WITHIN 24 MONTHS. OUR GOAL FOR THAT FIRST PHASE OF RETAIL IS TO START TURNING DIRT IN FEBRUARY. UH, SO THESE TIMELINES IN HERE ARE WELCOMED. UH, WE WANTED TO DELIVER THAT RETAIL AS SOON AS [02:30:01] POSSIBLE. WHAT ABOUT THE DELIVERY OF THE, UH, PEDESTRIAN OVERPASS? THAT'S GOING TO BE A CITY PROJECT, RIGHT? THE CITY PROJECTS, UH, AND IT IS CERTAIN HURDLES HAVE TO BE HIT AS WE START TO FUND THAT AS WELL. UM, WHENEVER YOU GUYS ARE READY TO GO BUILD IT, WE ARE READY TO BE YOUR PARTNER WITH IT. AND A CERTAIN FACES, NOT TO JUST HAND YOU $3 MILLION, BUT I THINK THAT'S TO BE DISCUSSED AND PROBABLY OUR 3 81 AGREEMENT OR THREE 80 AGREEMENT, UM, WHAT THOSE HURDLES NEED TO BE. BUT THAT, UH, MY THOUGHT, THE REASON I'M BRINGING THIS UP IS MY THOUGHT WAS ANY, ANY DOLLARS THAT WERE, THAT YOU'RE PAYING IN FROM A FEE THAT GOES INTO ESCROW, I WOULD WANT IT TO BE APPLIED TOWARDS THE PROJECT, LIKE THE PEDESTRIAN BRIDGE OR SOMETHING ALONG THOSE LINES, AS OPPOSED TO ACTUALLY GOING BACK AS A CREDIT. SURE. AND, UM, AS SOON AS A CONSTRUCTION OR PLANS ARE DONE FOR THAT PEDESTRIAN BRIDGE, WE'RE READY TO DO IT. UH, WE ALSO WANT TO DELIVER THAT PEDESTRIAN PATH AS SOON AS POSSIBLE AS WELL. WE CAN'T DELIVER IT WITHOUT THAT BRIDGE. SO MAYBE MAYBE HELD AN ESCROW, UH, IN THAT CIP, YOU KNOW, ARE DEDICATED FOR THAT. MAYBE WE COULD EVEN PIGEON, YOU KNOW, WE COULD SAY THOSE, THOSE DOLLARS ARE GOING TO GO FOR THIS PUBLIC IMPROVEMENT HERE, UH, OR SOME SOMETHING ALONG THOSE LINES, JUST, YOU KNOW, TRYING TO DEFINE IT A LITTLE BIT MORE CAREFULLY. SURE. UM, THAT'LL WORK. THAT'S JUST MY THOUGHT THE FUNNEST DEVELOPMENT FEES WE MAY, OR WE DO HAVE SOME ADDITIONAL LANGUAGE TO OFFER AS WELL. I'M GOING TO LOOK TO PAGE HERE THIS AS WELL. WELL, SO THE, OKAY. THE N THE INITIAL COMMERCIAL SPACE THAT THAT'S LIKE ALL CAPITALIZED, THAT'S A PARTICULAR, I'VE GOT THAT DEFINED. AND I HAVEN'T SEEN THE, HOW YOU'RE DEFINING INITIAL COMMERCIAL SPACE CAN IN THE DA. JAMES PROBABLY KNOWS WHAT IS INITIAL COMMERCIAL SPACE FROM A SQUARE FOOTAGE STANDPOINT, OR WHAT, WHAT BUILDINGS ARE THOSE THAT YOU'RE. SO WE ARE IMMEDIATELY DEVELOPING TO MULTI-TENANT BUILDINGS, WHICH AS, AS JAMES SHOWED, HAD THOSE RENDERINGS OF THOSE, THOSE USERS, UM, THAT'S 14,000 SQUARE FEET THAT WE HAVE TO DO. JAMES, CAN YOU SCREEN SHARE THAT BACK UP WITH US REAL QUICK? YEAH, SURE. Y'ALL KEEP TALKING AND I'LL GET IT SET BACK UP. UH, ALSO INCLUDED WITH THAT IS INFRASTRUCTURE FOR ALL THE OTHER PADS THAT ARE AROUND IT AS WELL. THOSE PADS ARE BEING NEGOTIATED ON FOR EITHER GROUND LEASES OR PURCHASES. UM, THERE'S A CHANCE ALL OF THOSE ARE COMING UP AT THE SAME TIME AS WELL. WE WON'T BE IN CONTROL OF THAT. UH, CAUSE THOSE WILL GO TO EITHER A BUYER OR A, UM, ANOTHER USER THAT WILL BE DOING A GROUND LEASE. THEY WILL WANT TO BE ABLE TO AS SOON AS POSSIBLE AS WELL, BUT WHAT WE CAN CONTROL IS WHAT OUR MULTI-TENANT BUILDINGS ARE. UH, AND THEN THE INFRASTRUCTURE WHICH WE'LL GO AROUND AND ROUGH GRADE, ALL OF THOSE PADS. AND WE CONSIDER BASICALLY TWO PHASES, WHICH FIRST PHASE IS THE ENTIRE ROW OF PADS ON 1626, PLUS THE COURTYARD. UH, AND THEN PHASE TWO, WHICH AT THE SAME TIME, WE'LL BE GETTING ROUGH GRADED AS WELL AT THE SAME TIME. SO WHICH OF THE, WHICH OF THESE, UH, IN THE COMMERCIAL SPACE, WHICH OF THESE BUILDINGS ARE YOU PROPOSING TO BUILD IN PHASE ONE? AS PART OF THE AGREEMENT, IF YOU LOOK AT THE CURB CUT ON 1626, UH, IT IS EVERYTHING TECHNICALLY TO THE EAST OF THAT, BUT ON THE PAGE IS TO THE SOUTH, THOSE TWO BUILDINGS TO THE SOUTH OF THAT, AND THEN THE COURTYARD OPPOSITE. IT GOES STRAIGHT IN TO THE EAST, EAST OF 16. YEAH. SO IF YOU'RE LOOKING AT IT AS WE ARE RIGHT NOW, THAT CURB CUT ON 16, 26 DIRECTLY TO THE BOTTOM OF THAT, THERE'S TWO BUILDINGS THAT LOOK VERY SIMILAR IN THEIR SIZE. YES, THOSE ARE TWO SEPARATE 7,000 SQUARE FOOT BUILDINGS AND EQUAL 14,000 SQUARE FEET. THOSE ARE THE ONLY TWO THAT'S LISTED ON THE I'M SORRY, MA'AM, IT'S LISTED ON THERE AS RETAIL BUILDING ONE AND RETAIL BUILDINGS. SO THAT'S, AND SO THAT'S A TOTAL OF 15,000 SQUARE FEET, 14,400 TECHNICALLY. SO HE PUT IT IN AT 14 ANYBODY HAVE ANY COMMENTS I COULD KEEP GOING FOR A WHILE? SO I DON'T, I'M NOT TRYING TO, I'M JUST TRYING TO DISCUSS IT A LITTLE BIT. SO, UM, SO NONE OF THE, UM, THE PEDESTRIAN PATH, UH, TO THE WEST OF THE COURTYARD, THE 12 FOOT WIDE, THE VIBE, NONE OF THAT IS PROPOSED TO REBUILD IN THE INITIAL COMMERCIAL PHASE. WELL, WE CAN'T, I, WE CAN DISCUSS BUILDING FROM THE COURTYARD TO MARKETPLACE AVENUE. UH, IT ALMOST BECOMES A HAZARD. IF YOU BUILD A PATH STRAIGHT INTO THE DETENTION POND, IF WE DON'T HAVE A PEDESTRIAN BRIDGE AND TRAIL HELD, IT'S THERE, UH, IT IT'D BE A PATH, [02:35:01] BUT THEN THE MIXED USE BUILDINGS ARE PROPOSED TO GO OFF IMMEDIATELY OR NO, NO. UH, I MEAN, WE, WE DON'T HAVE A USER FOR THAT RIGHT NOW. WE HAVE PEOPLE WE WERE IN DISCUSSIONS WITH. ABSOLUTELY. UM, BUT THAT IS SOMETHING THAT'S NOT COMING. IS THERE A SCENARIO WHERE THE MULTIFAMILY BUILDINGS WOULD GO OFF AND THE MIXED USE WOULD NOT? NO, NO, NO. SO THERE'S THREE, THE THREE BUILDINGS IN THE BACK ARE MULTIFAMILY ALL AROUND SURROUNDING IS MIXED USE WITH GROUND FLOOR RETAIL. CORRECT. SO THAT PROJECT EITHER GOES AS A WHOLE OR AS NOT AT ALL, CORRECT ON THIS RIGHT NOW. YES. IT WOULD GO AS A WHOLE, WHICH THAT'S BRUCE, WE WERE SPEAKING WITH THAT IS THAT'S THEIR INTENT, THE ENTIRE THING ALL AT ONCE. AND MAYOR THESE ZONING REQUESTS NOT ALLOW THEM TO BUILD OUR THREE, THREE PER. OKAY. ALL RIGHT. AND THEN ON THE COUNTY PARTICIPATION, I KNOW THAT'S SOMETHING THAT WE'VE DISCUSSED FROM THE BEGINNING IS THAT WE WANTED THE COUNTY TO PARTICIPATE. WE'RE TRYING TO PUT THE DEAL TOGETHER AND NOW WE'RE TRYING TO KIND OF TAKE IT TO THE COUNTY. UM, THE, UH, IT'S WRITTEN IN THERE AS A 30 DAY WINDOW TO GET THAT AGREEMENT DONE. SO THIS MIGHT BE A DIANA QUESTION, BUT IS THAT IS 30 DAYS GOING TO BE ENOUGH TIME TO, YOU KNOW, TO TAKE THAT THROUGH THE GSMP AND THE COUNTY AND THEN GET A VOTE. I KNOW THEY MEET WEEKLY MAYER. IF I CAN JUMP IN HERE, THEY PROPOSED A CHANGE TO THAT PROVISION. THEY'VE PROPOSED TO REMOVE THAT 30 DAY REQUIREMENT. AND IT STATES IN THERE INSTEAD THAT IF HAYES COUNTY DOESN'T PROVIDE THAT INCENTIVE, THEN THAT MAXIMUM INCENTIVE AMOUNT THAT THE CITY IS OBLIGATED TO PAY WILL BE REDUCED BY AN AMOUNT THAT'S EQUAL TO WHAT HAYES COUNTY INCENTIVE WOULD HAVE BEEN AND WILL BE PROVIDED. SO THAT RATHER THAN HAVING TO NEGOTIATE AND GET IT DONE. YEAH. I THINK 30 DAYS THAT'S MORE STRAIGHT. IT LETS US, IT LETS THEM DEAL SEPARATELY. I AGREE. YEAH. AND THAT'S WHAT THAT'S KIND OF, WE'RE NOT TRYING TO LIKE SAY, HEY, TAKE IT OR LEAVE IT. WE'RE JUST TRYING TO SAY THIS, THIS, THIS STRUCTURE THAT WE'RE PROPOSING AND ESPECIALLY IN THE MASS OF IT IS IN MY MIND, AT LEAST THERE'S A CITY SIDE AND A COUNTY SIDE, AND I'M NOT WANTING TO CONVERT A CITY TO THE ENTIRE THING, WHICH IS WHY WE PROPOSE IT, NOT TO TRY TO, WE'RE HOPEFUL THAT THE COUNTY WILL SUPPORT THIS AS WELL, BUT THAT'S THEIR DECISION. SO I ACTUALLY PREFER, YOU KNOW, I PREFER IT THAT WAY. AND SO IS THERE A BREAKDOWN? DO WE HAVE THE NUMBERS? WE DO NOT. WE WOULD ADD THEM IN THE DEVELOPMENT AGREEMENT OR WE WOULD DISCUSS HOW TO CALCULATE WELL, IF IT'S 50% AD VALOREM AND 50% SALES TAX THAT'S, WE SHOULD BE ABLE TO CALCULATE THAT. WE CAN GO AHEAD, DIANE, EXCUSE ME. UM, GOOD EVENING. MARIN COUNCIL, DIANA TORRES, UH, ECONOMIC DEVELOPMENT DIRECTOR FOR THE RECORD. UH, WE JUST GOT THE NUMBERS YESTERDAY TO RUN THE EIA. SO, UM, WE WERE RUNNING THAT NUMBER, THOSE NUMBERS TODAY, IT WASN'T FINALIZED. WE SHOULD HAVE THAT WITHIN THE NEXT DAY OR SO. UM, SO THAT'S GONNA BREAK DOWN EVERYTHING FOR US. LIKE WE, YOU KNOW, WE WOULD DISCUSS ON ANY OTHER PROJECT AND IT WOULD TELL US WHAT ALL OF THOSE, UM, REBATES WOULD BE. UM, IN ADDITION TO THAT, I JUST WANTED TO ALSO MENTION THAT THE COUNTY IS NOT MEETING EVERY WEEK NOW, JUST, UM, FOR EVERYONE'S, UM, KNOWLEDGE, THEIR NEXT MEETING WOULD BE NOVEMBER, NOVEMBER 2ND. SO IF THAT THAT'S A GOOD WORK AROUND THERE, UM, I'M ASSUMING THAT IT'S GOING TO BE SOMETHING LIKE EIGHT AND FIVE. DOES THAT SOUND CLOSE? PROBABLY. YEAH. SO IF WE'RE, YOU KNOW, IF WE'RE CHANGING IT TO SAY THAT WE'RE ONLY GOING TO COMMIT TO THE CITY'S SIDE AND WE'RE ONLY PASSING THAT IT WOULD BE GOOD TO, IT WOULD BE GOOD TO HAVE THAT NUMBER. YEAH. THAT'S PROBABLY IN THE BALLPARK, BUT WE'LL HAVE THAT IN THE NEXT FEW DAYS, FOR SURE. SO DID YOU THINK WE SHOULD WAIT? WELL, I MEAN, THIS IS JUST AN MOU, IT'S AN MOU, THE ACTUAL THREE 80. WE'LL SAY THIS ISN'T THE ACTUAL AGREEMENT. THIS JUST STARTS THE PROCESS. I DON'T, WE DELAYED IT LIKE 17 TIMES. I DON'T WANT TO DELAY IT. UM, BUT WE JUST NEED TO UNDERSTAND, I THINK THAT'S ABOUT WHAT THE, SO THAT WE HAVE THAT EXPECTATION WHEN THE ACTUAL AGREEMENT COMES BACK, IT'LL BE ABOUT AN $8 MILLION INCENTIVE AND DON'T HOLD ME TO THAT. SO YEAH, IT COULD BE SOMETHING, BUT JUST BASED ON THE WAY THAT THE BREAKDOWNS TYPICALLY WORK ON SPLITTING THOSE TWO ARE OUR DESIRE STILL TO PARTNER WITH SKINNY. OKAY. UM, I'M ALL OUT, BUT THEY WON'T, WE WON'T KNOW UNTIL THEY MEET IN NOVEMBER AT THE EARLIEST. RIGHT. SO, UM, GSNP REPRESENTS THE COUNTY AS ECONOMIC DEVELOPMENT STAFF AND THEY ARE SUGGESTED THAT THEY MAY BE ABLE TO GET SOME FEEDBACK FROM, UH, MAYBE THE JUDGE AND THE COUNTY COMMISSIONER THEN OVER THIS AREA. BUT NOT THAT THE, UH, COMMISSION AS A WHOLE, UH, UNTIL NOVEMBER 2ND AT THE EARLIEST AND TRAVIS, IF WE APPROVE IT IN THE, IN THIS WAY, YOU'RE EVEN IF THE COUNTY DOESN'T PARTICIPATE, YOU'RE STILL GOING TO BE PREPARED TO MOVE FORWARD. [02:40:02] YES, YES. WE STILL NEED TO UNDERSTAND WHAT THE NUMBER IS AND IF WE'RE, I MEAN, IF IT'S, IF IT'S ZERO THEN NO, OR NO, WHAT I'M SAYING IS, UM, REDUCING THE, I UNDERSTAND IT'S FINE. THE WAY PATIENTS WEREN'T YES. A HUNDRED PERCENT THE, UH, THE AGREEMENT EXPIRES, HOW, IF THEY DON'T PERFORM, IF THEY DECIDE NOT TO THE INCENTIVE GOES AWAY WITH IT, BE TRIGGERED. SO IF THEY DON'T PERFORM, THERE'S NO CEO THERE'S NO. YEAH, WHATEVER THAT FIRST PERFORMANCE TRIGGER WOULD BE. SO SAY THAT THEY DON'T BUILD THE BUILDING OR WHATEVER, BY THE DATE THAT'S BUILT INTO THAT THREE 80 AGREEMENT, THEN THE INCENTIVE IS NEVER TRIGGERED TO BEGIN WITH, BUT DOES IT, DOES IT REMAIN AND THEN THEY CAN TRIGGER IT LATER? NO, YOU WOULD PUT DAMES THAT IT WOULD EXPIRE. OKAY. BECAUSE I THINK WE HAVE SOME THREE EIGHTIES THAT EXIST IN THE PERPETUITY WITHOUT HAVING EVER SEEN DIRECT TURN. JUST MAKING SURE. I KNOW I'VE MENTIONED THIS TO YOU, BUT JUST TO BE CLEAR, THE EXPECTATION WE'RE DOING A DEAL FOR A PROJECT, NOT ENTITLING LAND. IF YOU UNDERSTAND THE DIFFERENCE, WE'RE TRYING TO SAY LIKE, SO, UM, ANYONE ELSE HAVE ANY QUESTIONS, COMMENTS, UM, RE TELL ME THE LANGUAGE ONE MORE TIME. IF HAYES COUNTY DOES NOT AGREE TO PROVIDE THE HAYES COUNTY INCENTIVE THAN THE MAXIMUM INCENTIVE AMOUNT SHALL BE REDUCED TO AN AMOUNT EQUAL TO WHAT THE HAYES COUNTY INCENTIVE WOULD HAVE BEEN SUCH AMOUNT TO BE DETERMINED BY THE PARTIES AND INCLUDED IN 3 88. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE AND TO AMEND THE DOCUMENT AS STATED BY PAGE MOTION BY THE MAYOR. SECOND BY COUNCIL MEMBER TENORIO WAS THERE DISCUSSION, DID IT, UH, DID IT AGAIN? UH, I THINK MAYBE THAT'S THE THIRD TIME I'VE DONE THAT. I DON'T KNOW. UH, YEAH. UH, IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY, AYE, ALL OPPOSED. MOTION CARRIES SIX TO ONE MAYOR LIKE WE'RE DONE. WE'RE DONE MAYOR. I'D LIKE TO MAKE A MOTION TO, UH, SORRY. ALL RIGHT. WE ARE ADJOURNED. THANK YOU, SIR. FOR SURE. * 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.