* 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. THE ONE, THE TIME IS [00:00:01] SEVEN 13. [I.  Call Meeting to Order] IT IS TUESDAY, JANUARY 18TH. AND I'M GOING TO CALL THIS REGULARLY SCHEDULED CITY COUNCIL MEETING TO ORDER WHAT ALL PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. WITH THE CITY SECRETARY, PLEASE CALL THE ROLL. MITCHELL RIZZO, ELLISON FLORES, KALE HERE, BRADSHAW HERE, PARSLEY HERE, TIBIAS HERE. ALL RIGHT. SEVEN MEMBERS PRESENT. WE HAVE A QUORUM NEXT STEP [II.  Approval of Minutes] APPROVAL OF THE MINUTES. MAYER. I'D LIKE TO GO AND MAKE A MOTION TO APPROVE THE MINUTES FOR CITY COUNCIL, SPECIAL MEETING AND REGULAR MEETING FOR JANUARY THE FOURTH, 2022 SECOND. MOVED BY COUNCIL MEMBER TOBY A SECOND BY CUSTOMER MAYOR PRO TEM RIZZO. IS THERE DISCUSSION ON MOTION? SORRY. I JUST WANT TO MAKE SURE, UM, I WAS READING THE REGULAR MEETING AGENDA ITEM 11, AND I JUST WANTED TO MAKE SURE THAT THE NAME WAS SPELLED RIGHT. UM, IN, IN THE DRAFT MINUTES, IT'S I E DANDY PLANNING, COMMA, LLC. AND I DON'T KNOW IF THAT I USE IT FOR SOMETHING ELSE, BUT THAT'S NOT THE NAME OF THE ACTUAL ENTITY THAT I QUOTED IN THERE. SO I DON'T WHAT YOU DID SPELL IT OUT. SO DO YOU WANT TO JUST READ IT INTO THE RECORD? THE NAME IS DANDY, D A N D Y PLANNING, P L A N N I N G COMMA, LLC. SO NO IDEA AT THE BEGINNING. UM, I'D LIKE TO MOTION TO AMEND THE MOTION, TO INCLUDE THE SPELLING FROM A MOVE BY THE MAYOR, SECONDED BY COUNCILMAN FLOOR SCALES OR DISCUSSION ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES. AND NOW THE, UH, UH, VOTE ON THE MINUTES. ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. NEXT UP CITIZEN COMMENTS [III.  Citizen Comment Period with City Council] PERIOD. 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. WE ALSO ASK THAT YOU FILL OUT A PUBLIC COMMENTS FORM AND SUBMIT THAT TO EITHER MYSELF OR THE CITY SECRETARY. I HAVE THREE WHO'VE REGISTERED FIRST UP, MS. JULIE SNYDER. ALWAYS. NICE TO BE FIRST. THANK YOU, MAYOR COUNCIL. MY NAME IS JULIE SNYDER FOR THE RECORD. I AM HERE REPRESENTING THE KYLE AREA CHAMBER OF COMMERCE. I WANTED TO LET YOU KNOW THAT I AM SPEAKING ON BEHALF OF THE KYLE CHAMBER BOARD. UH, BACK IN NOVEMBER, WE HELD OUR PLANNING SESSION AND PART OF THAT PLANNING SESSION, WE INVITED MR. SELLERS TO COME AND GIVE US AN UPDATE. AND WITH THAT, WE HEARD ABOUT A LOT OF THE DETAIL ABOUT THE VIBE TRAIL SYSTEM. AND I WOULD HAVE TO SAY THIS IS THE MOST EXCITED. I HAVE SEEN OUR BOARD OF DIRECTORS IN SEVERAL YEARS. AND AS A RESULT, WE HAVE DECIDED THAT ONE OF OUR MAJOR GOALS OVER THE NEXT, HOPEFULLY SEVERAL YEARS IS TO PARTNER WITH THE CITY LEADERSHIP AND UH, OPEN THE DOOR AND ASK IF WE CAN BE, UH, HAVE A SEAT AT THE TABLE SO WE CAN HELP THE BUSINESS COMMUNITY, UNDERSTAND WHAT THE TRAIL SYSTEM CAN BRING TO THE COMMUNITY. AND MORE IMPORTANTLY, HOW THAT CAN BENEFIT NOT ONLY, UH, THE ECONOMY, UH, BUT THEIR BUSINESS. AND WHAT THAT MIGHT MEAN IS, UH, IN A FOLLOW-UP MEETING WITH COUNCIL MEMBER ELLISON AND CITY MANAGER, SCOTT SELLERS, AND AMBER LEWIS. UH, WE TALKED ABOUT ADOPTING AREAS OF THE VIBES SYSTEM, SOME, UH, DEVELOPMENTS THAT ARE ALREADY, UH, CONGESTED WITH LITTLE BUSINESS COMPLEXES. THEY COULD WORK TOGETHER AND CREATE ANOTHER VIBE, UH, EXPERIENCE FOR THOSE PEOPLE COMING IN. AND NOT ONLY WILL THAT BRING OUTSIDE DOLLARS INTO THE COMMUNITY, BUT IT WILL ATTRACT THE, UH, VIBE USERS TO THOSE BUSINESS COMPLEXES. AND I THINK THERE'S A LOT OF POSSIBILITIES. THERE'S A LOT OF ENERGY AS WE'RE TALKING WITH OUR MEMBERS AND THEY'RE LEARNING ABOUT THE POSSIBILITY OF HAVING, UH, SOME INPUT AND CREATING, YOU KNOW, WHETHER IT BE AN ADOPTIVE SPOT, A, UH, GOLF CART CHARGING STATION, [00:05:01] WE'VE TALKED ABOUT A DOG WATERING STATION OR A PET WATERING STATION. SO THERE'S A LOT OF IDEAS THAT HAVE BEEN ALREADY TOSSED UP IN THE AIR. AND WITH THAT, WE JUST WANT TO LET YOU KNOW THAT WE ARE HERE. UH, WE KNOW THAT WE CANNOT HOLD BRAINSTORMING SESSIONS WITH BUSINESSES WITHOUT YOUR HELP, BECAUSE WE WANT TO MAKE SURE THAT WE DELIVER THE ACCURATE INFORMATION AND MAKE SURE THAT WE CAN ANSWER THE QUESTIONS IN A, UH, APPROPRIATE MANNER AND ACCURATE MANNER. SO ONCE AGAIN, DOORS ARE OPEN, WE'RE OFFERING OUR SERVICES. WE'RE VERY EXCITED AND WE HOPE THIS IS A LONGSTANDING PARTNERSHIP. THANK YOU. THANK YOU, JULIA. AND NEXT STEP, MISS VANESSA WESTBROOK HELLO, COUNCILMAN MAYOR, CITY STAFF. I'M HERE TODAY TO SAY THANK YOU. THANK YOU. YOU MAY THINK OF ME AS A CHEERLEADER TODAY AND BECAUSE I WANT TO ALSO TALK ABOUT SOME EXCITEMENT THAT'S IN THE AIR AND THAT EXCITEMENT IS OVER WHAT WE'VE BEEN HEARING ABOUT IN REGARDS TO THE SENIOR CENTER. THAT'S ON EVERYBODY'S MIND. WE'RE HOPING WE'D LIKE TO THANK YOU FOR MAKING SURE THAT PEOPLE ARE THINKING ABOUT THE SENIOR CENTER. THERE'S BUZZ AT LUNCHTIME ON TUESDAYS, WHICH I DO HOPE THAT YOU ALL WILL TAKE OUR OPPORTUNITY AND, UH, ACCEPT OUR INVITATION. WE ARE REALLY THINKING ABOUT THIS IDEA OF THE SENIOR CENTER AND WHAT IT COULD MEAN TO A SENIORS. YES, I TOO AM A SENIOR. AND WHAT WE'D LIKE FOR YOU TO KNOW IS THAT AT THE SENIOR CENTER NOW, AND IN THE FUTURE, WE WANT TO PROVIDE OPPORTUNITIES FOR OUR SENIORS TO BE ABLE TO ENGAGE THEIR MINDS, THEIR SPIRITS AND THEIR HEARTS. AND SO WITH THAT, WE HAVE EXCITEMENT TO JUST AS JULIE JUST SAID, BUT FROM ANOTHER PERSPECTIVE, AND THAT IS THE AWARENESS, WE ARE AWARE NOW ABOUT WHAT SENIORS CAN DO, WHAT SENIORS NEED. WE ARE ALSO AWARE THAT WHEN SENIORS ARE AWARE, WE HAVE QUESTIONS SUCH AS WELL, WHAT CAN I DO? AND ONE OF THE BIG THINGS THAT WE SAVE THAT THEY CAN DO IS THEY CAN HELP BY DONATING TO OUR FUND WHERE WE'RE RAISING FUNDS FOR THE BUILDING. SO WE GET DONATIONS, WE GET AWARENESS, WE GET MORE PEOPLE COMING TO EVENTS AT THE CURRENT LOCATION. AND WE HOPE THAT THAT WILL CONTINUE. WE GET A LOT OF TIMES SENIORS WHO COME AND SAY, THIS IS MY THING FOR THE WEEK, AND WE WANT TO CONTINUE THAT, BUT WE WANT TO EVEN BROADEN MORE. WE ARE KNOWN THAT WE'VE SAID WE HAVE OVER 600 MEMBERS, AND RIGHT NOW THERE'S NO WAY WE COULD GET EVEN A THIRD OF THEM IN THE CURRENT BUILDING. SO WE PROVIDE AS MANY OPPORTUNITIES AS WE POSSIBLY CAN SO THAT OUR SENIORS CAN COME AND INTERACT WITH EACH OTHER. AND I FAKE MY COMPADRE. LARRY SIMONE WOULD PROBABLY SAY A SENIOR IS NOT THE SENIOR THAT YOU THOUGHT A SENIOR WAS. OKAY. SO DO THINK OF THAT. WE THANK YOU VERY MUCH, AND WE WANT TO INVITE YOU TO LUNCH WHENEVER YOU CAN ON THE TUESDAY. AND WE LOOK FORWARD TO HEARING MORE AND MORE ABOUT SENIORS, SENIOR ACTIVITIES AND THE SENIOR CENTER. THANK YOU. THANK YOU, MS. WESTBROOKE. YOU CAN JUST ASK HER AGAIN. CAN I ASK YOU A QUESTION, MS. WESTBROOKE DO YOU GUYS HAVE A LINK THAT WE COULD SHARE ON OUR FACEBOOK'S, UH, LIKE A GO-FUND ME OR WHATEVER YOU GUYS USE. IF YOU COULD SEND THAT TO US, I WOULD BE MORE THAN HAPPY TO THANK YOU. ALL RIGHT. NEXT STEP, MS. TRACY SHE'LL MAYOR, MAYOR PRO TEM AND COUNCIL MEMBERS. MY NAME IS TRACY SHIELD FOR THE RECORD. UM, FIRST OF ALL, I WOULD LIKE TO SAY THANK YOU. I WAS VERY GLAD TO SEE, UM, ITEM NUMBER 30 ON THE AGENDA TONIGHT. UM, OUR BOARDS AND COMMISSIONS ARE STRUGGLING, ESPECIALLY P AND Z. THEY BARELY MADE QUORUM LAST WEEK. UM, AND SO THE REPRESENTATIVES REALLY DO NEED TO BE SEATED ON THOSE, UH, BOARDS AND COMMISSIONS. BUT AFTER READING THE TWO DIFFERENT TYPES OF LEADS, AS YOU GUYS CALL THEM, I HAD SOME QUESTIONS OR CONCERNS ABOUT THE COUNCIL MEMBER LEAD AND, AND EXCUSE ME FOR MY EYESIGHT, BUT, UM, THE FIRST PERSON, UH, ON THE PANEL, IT STATES, UH, WHO WILL BE INTERVIEWING THE APPLICANTS, THE COUNCIL MEMBER, WHO REPRESENTS THAT DISTRICT. AND THEN IT SAYS IF THAT COUNCIL MEMBER IS UNABLE TO ATTEND THE INTERVIEW, THEY WILL RECOMMEND THE MAYOR OR ANOTHER COUNCIL MEMBER AS AN [00:10:01] ALTERNATE. DOES THAT MEAN THAT IF YOU HAVE FOUR APPLICANTS AND TWO OF 'EM ARE FROM DISTRICT FOUR, TWO OF THEM FROM DISTRICT TO THAT ONLY DISTRICT TWO COUNCIL MEMBER AND DISTRICT FOUR COUNCIL MEMBER ARE ALLOWED TO BE ON THAT PANEL. UNLESS OF COURSE THEY ASKED FOR A PROXY. THE OTHER THING I'M CONCERNED ABOUT WITH THIS IS THIS ALMOST SOUNDS LIKE WE'RE TRYING TO, AND I KNOW THERE WAS A PUSH FOR, FOR QUITE A WHILE TO MAKE EACH OF THE COUNTS. UH, THE, UM, COMMISSIONS AND BOARDS HAVE EQUAL REPRESENTATION OR ACROSS THE CITY. AND I DO UNDERSTAND THAT HOWEVER, PUTTING SOMEBODY IN A SPOT BECAUSE THERE'S NO OTHER PERSON FROM THAT DISTRICT VERSUS SOMEBODY WHO IS MORE QUALIFIED, I DO HAVE A PROBLEM WITH, AND I JUST WANT YOU TO THINK ABOUT THAT. THE OTHER THING IS WITH THAT ALSO, UM, IF YOU HAVE THOSE FOUR APPLICANTS, TWO OF THEM WERE INTERVIEWED BY ONE PERSON PLUS THE OTHER TWO, AND THEN THE OTHER TWO WERE INTERVIEWED BY SOMEBODY ELSE PLUS THE OTHER TWO MEMBERS. HOW CAN YOU RECOMMEND SOMEBODY WHEN YOU DIDN'T INTERVIEW ALL FOUR OF THEM AND YOU WEREN'T A PART OF THAT PROCESS FOR ALL FOUR. SO THAT'S JUST SOME THOUGHTS. THE OTHER THING THAT I SAW ON HERE, AND AS YOU GUYS WILL KNOW, I HAVE NO ISSUES WITH VOLUNTEERING FOR CITY FUNCTIONS, BUT IT'S, IT STATES THAT ONCE APPOINTED THE MEMBER SLASH COMMISSIONER AGREES TO VOLUNTEER FOR AT LEAST ONE CITY EVENT PER YEAR, WHAT QUALIFIES AS A CITY EVENT? NUMBER ONE, AND NUMBER TWO, CAN YOU GUYS FORCE SOMEBODY TO VOLUNTEER? AND THAT WOULD BE A QUESTION, I GUESS, FOR YOUR LAWYER PAGE. SO JUST HAVE THOSE CONCERNS, BUT I AM STILL GLAD TO SEE THIS ON THE AGENDA. THANK YOU. ALL RIGHT. THANK YOU. THAT'S ALL THE COMMENTS FORMS THAT I HAVE. IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK? SEEING NONE? I'M GOING TO GO AHEAD AND CLOSE CITY. CITIZEN COMMENTS, UH, IS NOW CLOSED NEXT UP CITY MANAGERS REPORT [IV.  City Manager's Report] ALL RIGHT. MAYOR COUNCIL, SCOTT SELLERS FOR THE RECORD. I'M GOING TO SHARE MY SCREEN HERE. OKAY. ALL RIGHT ON THE CITY MANAGER'S REPORT. THE FIRST ITEM WE HAVE IS NATIONAL PIE DAY. AND FOR THAT, WE'VE GOT MISS SAMANTHA ON FORESTER AS DESIGNATED PI CAPITAL AND TEXAS. WE WANT TO MAKE SURE THAT EVERYONE KNOWS THAT NATIONAL PIE DAY IS COMING UP ON JANUARY 23RD, AND THAT THERE ARE MANY WAYS TO CELEBRATE PI DAY LISTED HERE ON THIS SLIDE. SO IT'S NOT JUST SAVED OR NOT JUST SWEET. IT CAN ALSO BE SAVORY AS WELL. SO HAPPY PI DAY GOT A GREAT NIGHT. ALL RIGHT. AND THEN A ALLEGED TO TURN THE TIME OVER TO COUNCIL MEMBER DEX ELLISON FOR THE DIALOGUE. THANK YOU, MR. SELLERS. UH, WE'RE DOING OUR FIRST OF THIS YEAR AND FIFTH OVERALL DIALOGUE FOR PEACE AND PROGRESS FOR ANY OF YOU ALL THAT ARE UNFAMILIAR WITH WHAT THIS IS. IT'S AN OPPORTUNITY FOR RESIDENTS AND BUSINESS OWNERS AND PEOPLE AROUND THE COMMUNITY TO BE A PART OF A PANEL DISCUSSION ON A VARIETY OF TOPICS AND HAVING AN OPEN DIALOGUE, UH, TALKING ABOUT TABOO SUBJECTS, SUBJECTS THAT, UM, THE COMMUNITY DOESN'T TYPICALLY TALK ABOUT IN THE OPEN, BUT IT PROVIDES AN OPPORTUNITY FOR DO THAT, TO DO THAT. UH, SO WE'RE STILL FILLING OUT THE PANEL, UH, HOPE TO GET THAT, UH, SOLIDIFIED BY THE END OF THIS WEEK AND START PROMOTING THOSE PANELISTS. THAT WILL BE A PART OF THAT, BUT WE ENCOURAGE YOU TO TUNE IN ON FRIDAY, FEBRUARY 4TH AT 7:00 PM, SEVEN TO EIGHT 30 IS HOW LONG THE EVENT WILL LAST. IT WILL BE BOTH IN-PERSON AND FOR YOU TO WATCH VIRTUALLY EITHER ON OUR FACEBOOK CHANNEL TIN CITY CALL YOUTUBE CHANNEL AS WELL. THERE ARE, UH, EXCITING OPPORTUNITIES FOR THE AUDIENCE TO PARTICIPATE IN THE DISCUSSION AS WELL. SO WE ENCOURAGE YOU TO WATCH LIVE IF YOU CAN, BUT IF YOU CAN'T ALWAYS GREAT TO WATCH IT ANYTIME ON THOSE MEDIUMS AS WELL, TO JUST HEAR HOW THE DISCUSSION WENT. THANK YOU. THANK YOU. AND I MIGHT JUST ADD THAT, UH, YOU KNOW, THESE, THESE EVENTS ARE VERY CRITICAL. WE JUST NEED TO LOOK AT, UH, WHAT RECENTLY HAPPENED IN COLLEYVILLE TO UNDERSTAND THE IMPORTANCE OF, OF WHY WE DO THESE. SO THANK YOU, COUNCIL MEMBER ELLISON. UH, NEXT I'D LIKE TO INVITE UP OUR FINANCE DIRECTOR, PROFESSOR MOHIT MAYOR, [00:15:01] MAYOR PRO TEM COUNCIL MEMBERS FOR THE RECORD I'M DIRECTOR OF FINANCE. UH, TONIGHT I HAVE VERY EXCITING NEWS, FANTASTIC NEWS. I'M NOT GOING TO TALK ABOUT COST OVERRUNS, BUDGET AMENDMENTS, NONE OF THAT SORT. SO LAST WEEK, MAYOR MITCHELL WAS NOTIFIED BY, UH, THE GOVERNMENT FINANCE OFFICERS ASSOCIATION. THIS IS THE NATIONAL ASSOCIATION THAT ALL FINANCE PERSONNEL THAT WORK FOR FEDERAL GOVERNMENT, STATE GOVERNMENT, LOCAL GOVERNMENTS, COUNTIES, WHAT HAVE YOU, THEY ALL BELONG TO THIS ORGANIZATION. SO THIS IS OUR PEER GROUP. SO THE MARRIAGE RECEIVED A NOTICE THAT THE CITY OF KYLE HAS BEEN AWARDED THE AWARD OF EXCELLENCE IN FINANCIAL REPORTING BY GFI. AND I'M PLEASED TO INFORM YOU THAT THIS IS THE CITY'S 11TH CONSECUTIVE AWARD THAT WE HAVE RECEIVED. AND THE RECOGNITION FROM GF WAY ON THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT. THIS AWARD FOR EXCELLENCE IN FINANCIAL REPORTING FROM GFA IS THE HIGHEST FORM OF RECOGNITION FOR GOVERNMENTS IN THE UNITED STATES. AND ITS ATTAINMENT REPRESENTS A SIGNIFICANT ACCOMPLISHMENT BY A GOVERNMENTAL ENTITY AND ITS MANAGEMENT TEAM. THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT IS A WEALTH OF INFORMATION ON THE CITY'S FINANCIAL AND ECONOMIC CONDITION. IT PROVIDES MORE THAN JUST FINANCIAL STATEMENTS. SO IT'S NOT JUST BORING NUMBERS, BUT IT HAS A LOT OF GOOD INFORMATION. IF YOU EVER GET THE TIME TO PICK UP OUR FINANCIAL REPORT. AND I ENCOURAGE YOU TO TAKE A LOOK AT IT. IT HAS ALL SORTS OF STATISTICAL AND PERFORMANCE INFORMATION ABOUT THIS SERIOUS ECONOMIC CONDITION. THIS ANNUAL REPORT IS ALSO A REPORT RELIED UPON BY MANY THIRD PARTY USERS AND ENTITIES WHEN PERFORMING RESEARCH AND OR DUE DILIGENCE ON THE CITY OF KYLE, FOR EXAMPLE, INVESTMENT BANKS, BOND HOLDERS, INVESTORS, BOND, RATING AGENCIES, FEDERAL AND STATE AGENCIES. AND OF COURSE, NEW BUSINESS PROSPECTS LOOKING AT MOVING TO KYLE AND SCOTT, IF YOU WOULD PLEASE FORWARD THIS SLIDE WHILE THIS NATIONAL RECOGNITION AND ACHIEVEMENT HAS MADE POSSIBLE. THANKS TO THE EFFORT OF THE ENTIRE TEAM, KYLE, INCLUDING CITY STAFF AND CITY COUNCIL. I WANT TO SPECIALLY RECOGNIZE THE CITY'S FINANCE TEAM THAT MADE THIS ACHIEVEMENT POSSIBLE. IT'S A SMALL TEAM, BUT THEY DO FABULOUS THINGS. SO FOR THE RECORD, OUR ACCOUNTING MANAGER, AND WE HAVE A PHOTO IN FRONT OF YOU, ACCOUNTING MANAGER, ANDY , SENIOR FINANCIAL ANALYST, BETTY KORNBLUM, AND CONNIE COMPA STAFF ACCOUNTANTS, GUSTAVO GUERRERO, YVETTE ELLIMAN, JACOB LENA, AND AMY CASWELL. AND FINALLY MARIN COUNCIL, CONGRATULATIONS TO COUNSEL OUR TAXPAYERS, OUR KYLE RESIDENTS AND CITY STAFF ARE RECEIVING THIS NATIONAL AWARD OF EXCELLENCE IN FINANCIAL REPORTING. THANK YOU. THANK YOU FOR BLESSING. ALL RIGHT. AND HOPEFULLY THEY'LL FOLLOW THAT UP WITH JUST GOOD NEWS. SANDRA DURAN, DIRECTOR OF HUMAN MAYOR, COUNCIL MEMBERS CENTER, DURAN DIRECTOR OF HUMAN RESOURCES, AND TO ADD TO THIS GREAT TEAM THAT WE HAVE IN FINANCE, WE HAVE AN ADDITIONAL 13 NEW TEAM MEMBERS THAT WE HIRED. WE HAVE DANIELLE 40 FOR THE NEIGHBOR'S COMPLIANCE COORDINATOR, REBECCA SAUL, FRANK FOR STRATEGIC ANALYST, VICTORIA TORRES FOR ESSENTIUM ADMINISTRATIVE ASSISTANT, EUGENE YANNIS, ELECTRICIAN, CHRISTOPHER ORTIZ, TELECOMMUNICATOR STREET TECHNICIANS, SLAYTON, COUS, JOHN GUZMAN, CHRISTOPHER SMITH, ROBERT AND NATE DIXON AND UTILITY TECHNICIANS, EDWARD SULLIVAN, AND NATHAN PARKER. SO WELCOME TO THE TEAM. THANK YOU. THANK YOU, ELECTRICIAN CONCLUDES ANOTHER GREAT REPORT. YES. ALL RIGHT. THANK YOU VERY MUCH. ALL RIGHT. NEXT UP [4.  Martin Luther King, Jr. Proclamation. ~ Dex Ellison, Council Member] AGENDA ITEM NUMBER FOUR, PRESENTATION MARTIN LUTHER KING, JR. PROCLAMATION CUSTOMER ELLISON. THANK YOU, MAYOR. UH, SO IT IS MY HONOR TO PRESENT THE FIFTH MARTIN LUTHER KING JR DAY PROCLAMATION IN A ROW. THE MOST CONSECUTIVE YEARS THAT THE CITY OF CALL HAS RECOGNIZED MARTIN LUTHER KING JR DAY. AND IT'S MY HONOR TO WRITE THIS PROCLAMATION [00:20:01] FOR THE FIFTH YEAR, AND I WANT TO THANK THE COUNCIL SUPPORT AS WELL. UH, I'M GOING TO READ THROUGH THE PROCLAMATION AND THEN, UH, GIVE A RECAP OF OUR EVENT, UM, THAT OCCURRED NOT ONLY IN OUR CITY, BUT AROUND THE COUNTY THIS PAST WEEKEND. AND THEN IF ANYONE WOULD LIKE TO JOIN US FOR A PICTURE WITH THE PROCLAMATION WE'D ASKED YOU TO DO SO AFTER THAT CITY OF CALL CITY COUNCIL PROCLAMATION, WHEREAS THE CITY OF KYLE ENCOURAGES AND PROMOTE STRONG AND INCLUSIVE COMMUNITIES THAT RECOGNIZE AND CELEBRATE EFFORTS TO BRING PEOPLE TOGETHER FOR A GREATER GOOD. AND WHEREAS THE CITY OF KYLE PAUSE THIS PAST WEEKEND AND REMEMBRANCE OF THE LIFE AND EFFORTS OF REVEREND DR. MARTIN LUTHER KING JR. ALONG WITH THE OBSERVANCE OF THE DAY IN HIS HONOR, AND WE'RE AS, AS WE CONTINUE TO LOOK BACK ON THE WORKS AND WORDS OF THE LATE REVEREND DR. KING, MANY OF THOSE MESSAGES AND CALLS FOR ACTION RING AS LOUD TODAY, AS THEY DID DURING CIVIL RIGHTS AND VOTING RIGHTS MOVEMENTS OF THE 1950S AND SIXTIES, IN WHICH HE SPOKE, QUOTE, PEOPLE FAIL TO GET ALONG BECAUSE THEY FEAR EACH OTHER. THEY FEAR EACH OTHER BECAUSE THEY DON'T KNOW EACH OTHER. THEY DON'T KNOW EACH OTHER BECAUSE THEY HAVE NOT COMMUNICATED WITH EACH OTHER. AND WHEREAS THE CITY OF KYLE WILL CONTINUE AT STAND IN THE NAME OF TRUTH, FAIRNESS AND INCLUSION OF MEMBERS THROUGHOUT OUR COMMUNITY, AND TAKE THE TIME TO RECOGNIZE WAYS TO LEAD US AS A COMMUNITY, INCLUDING REMEMBERING THE IMPORTANT REMINDERS OF REVEREND DR. KING AND HOW WE SHOULD REFLECT QUOTE LIFE'S MOST PERSISTENT AND URGENT QUESTION IS WHAT ARE YOU DOING FOR OTHERS? IN QUOTE, TO REMEMBER OUR STRONGEST COMMUNITIES ARE BUILT WHEN WE LOOK OUT FOR OUR FELLOW BROTHERS AND SISTERS, AND THEREFORE BE IT PROCLAIMED BY THE CITY OF CALL THAT JANUARY 17TH, 2022 SHOULD BE REMEMBERED AS MARTIN LUTHER KING JR DAY AND RECOGNITION OF MARTIN LUTHER KING JR. AND CELEBRATING THE LIFE. HE LIVED WORKING TIRELESSLY FOR VICTIMS OF RACISM, POVERTY, INJUSTICE, WHILE PROMOTING LOVE, COMPASSION, AND UNT WITH YOUR NEIGHBORS AND ALL MEMBERS OF YOUR COMMUNITIES SIGNED AND ENTERED THIS 18TH DAY OF JANUARY, 2022. UM, I WANTED TO SHARE A LITTLE BIT OF A RECAP OF THE EVENTS THAT OCCURRED THIS PAST WEEKEND, UH, ON SUNDAY, UH, THE CITY SUPPORTED, UM, THE HAYES COUNTY CELEBRATION, MARTIN LUTHER KING DAY, THE FIRST ONE EVER FOR THE COUNTY AND INCLUSIVE ONE OF ALL THE COUNTY. UH, IT WAS MY HONOR TO SPEAK AT THAT EVENT AND SHARE SOME OF THE COMMENTS THAT WERE MENTIONED IN THIS PROCLAMATION. UM, AND THEN ON YESTERDAY, UH, THERE WAS A MARTIN LUTHER KING MARCH DOWN IN SAN MARCOS FROM THE, UH, LBJ AND MLK, UH, INTERSECTION THERE WHERE THE MEMORIAL IS. AND THEN WE MARCHED FOR A MILE TO THE DUNBAR HERITAGE ASSOCIATION. AND IN THIS AFTER, UH, YESTERDAY AFTERNOON, WE HAD A GREAT PROGRAM AT THE CRU ACTIVITY CENTER LED BY OUR WONDERFUL CALL AREA, SENIOR ZONE, UH, REPRESENTATIVES AND CREW. THAT GROUP IS ALWAYS VERY COMMITTED, UH, AND HE ALWAYS PUTS ON GREAT PROGRAMS, UH, ATTENDED THAT AS WELL YESTERDAY, SAW A GREAT VIDEO CALLED THE WITNESS ABOUT MARTIN LUTHER KING, AS WELL AS OTHER, UM, UH, MEMORABILIA AND, UM, REMINDERS OF HIS WORK AND EFFORTS. SO THANK YOU TO THE COST AND YOUR SENIOR ZONE FOR, UH, HELPING, UH, SPONSOR AND PROMOTE THAT. AND SO WE ROUND OUT OUR CELEBRATION WITH THIS PROCLAMATION TODAY AND, UH, JUST A REMINDER, UH, TO ALL OF THOSE THAT CELEBRATE, UH, MARTIN LUTHER KING DAY. IT IS A FEDERAL HOLIDAY. ONE OF THE 11, WE HAVE TO LOOK BEYOND JUST THE, I HAVE A DREAM SPEECH THAT IS THE COMMONLY, THE ONE THAT IS SPOKEN ABOUT AND MENTIONED, BUT THERE ARE A LOT OF GREAT EFFORTS AND INITIATIVES THAT DR. KING, UH, UH, PUSH FOR, UH, COMMUNITIES TO IMPROVE THE OVERALL MORALE AND CHARACTER AND HOW WE INTERACT WITH OTHERS. AND SO THAT IS ALWAYS STILL A TIMELY LESSON THAT WE CAN KEEP IN MIND. SO WITH THAT BEING SAID AND SUPPORT OF THE COUNCIL FOR THIS PROCLAMATION, I'D LIKE TO SEE IF WE COULD JOIN FOR A PICTURE WITH ANY OF THOSE WHO, UH, FROM OUR COMMUNITY BUSINESS AND RESIDENTIAL, THEY WOULD, UH, WANT TO STEP UP IN FRONT AND SHOW THEIR SUPPORT FOR, UH, THIS PROCLAMATION. [00:25:07] PERFECT. 1, 2, 3, WELL, THEN ALRIGHT. UH, NEXT [5.  A Resolution of the City Council of the City of Kyle, Texas in Support of the Hays County Master Naturalists ~ Robert Rizo, Mayor Pro Tem] UP AGENDA ITEM NUMBER FIVE, OR RESOLUTION OF A CITY COUNCIL, THE CITY OF KYLE TEXAS IN SUPPORT OF A HAZE COUNTY MATCH MASTER NATURALISTS MAYOR PRO TEM RIZZO. MIKE BREEN IS RESOLUTION FORWARD. IT'S A RESOLUTION OF THE CITY COUNCIL OF THE SEA OF KYLE TEXAS IN SUPPORT OF THE HAYES COUNTY MASTER NATURALIST. WHEREAS THE CITY OF KYLE AND KYLE PARKS AND RECREATION DEPARTMENT GREATLY APPRECIATE THE PARTNERSHIP. IT MAINTAINS WITH THE HAYES COUNTY CHAPTER, TEXAS MASTER NATURALIST PROGRAM AND THE INVESTMENT IN MANY VOLUNTEERS TO MAKE TOWARD THE IMPROVEMENTS AND OVERSIGHT OF THE CITY'S PARKS SYSTEMS OR ASKED THEY ARE PROVIDED, PROVIDED FREE OF CHARGE AND ARE DESIGNED TO SUPPLEMENT SERVICES OFFERED BY THE PARD RATHER THAN REPLACE THEM SERVICES WILL BE DETERMINED BY VOLUNTEER AVAILABILITY AND IN ACCORDANCE TO THE OBJECTIVES OF THE HAYES COUNTY CHAPTER, TEXAS MASTER NATURALIST PROGRAM, OR ASK THE CITY OF KYLE BELIEVES IN THE MISSION OF THE HAYES COUNTY CHAPTER, TEXAS MASTER NATURALIST PROGRAM IN THEIR EFFORTS TO INVOLVE A MORE DIVERSE GROUP OF VISITORS TO THE KYLE CITY PARKS AND EDUCATE AND INVOLVE CITIZENS IN PRESERVING AND ENHANCING THEIR NATURAL PARKLAND. NOW, THEREFORE BE RESOLVED BY THE CITY COUNCIL OF THE SEA OF KYLE, TEXAS, THAT ONE, THE CITY OF KYLE WE'LL COLLABORATE WITH THE HAYES COUNTY CHAPTER, TEXAS MASTER NATURALIST PROGRAM TO IMPLEMENT THE OUTDOOR EDUCATION PROGRAMS THAT ARE FREE TO THE COMMUNITY RESIDENTS AND VISITORS TO THE CITY OF COWELL PROVIDE STAFF COORDINATION OF APPROPRIATE PROJECTS, PROMOTE EVENTS WITH THE HAYES COUNTY CHAPTER, TEXAS MASTER NATURALIST PROGRAM PARTICIPATION AND MAINTAIN COMMUNICATION OF UPCOMING POSSIBILITIES. FOR INVOLVEMENT THREE, THE HAYES COUNTY CHAPTER OF TEXAS MASTER NATURALIST PROGRAM WILL PROVIDE KNOWLEDGEABLE INFORMATION TO THE PUBLIC REGARDING PARKING ENVIRONMENTS AND EDUCATIONAL ACTIVITIES INVOLVING THE CITIZENS OF KYLE AMBER. I'M LOOKING, I'M BRINGING THIS FORWARD TO THE CITY COUNCIL AND I'D LIKE TO MAKE A MOTION TO APPROVE. OKAY. IT'S BEEN MOVED BY COUNCIL OR MAYOR PRO TEM RIZZO SECOND, AND BY COUNCIL MEMBER FLOORS, COUNSELOR DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN. I WOULD JUST LIKE TO READ THEIR MISSION STATEMENT REAL QUICK. SO THE MISSION STATEMENT OF THE TEXAS MASTER NATURALIST PROGRAM IS OUR MISSION TO DEVELOP A CORPSE OF WELL-INFORMED VOLUNTEERS TO PROVIDE EDUCATION, OUTREACH AND SERVICE DEDICATED TO THE BENEFICIAL MANAGEMENT OF NATURAL RESOURCES AND NATURAL AREAS WITHIN THEIR COMMUNITIES FOR THE STATE OF TEXAS. IT WAS A GREAT PARTNERSHIP. THANK YOU. THANK YOU, COUNCIL. ALL RIGHT. THANK YOU. ALL RIGHT. NEXT [6.  CIP/Road Projects and Consent Agenda Presentation. ~ Travis Mitchell, Mayor] UP AGENDA ITEM NUMBER SIX, CIP ROAD PROJECTS AND CONSENT AGENDA PRESENTATION. GOOD EVENING. MAYOR AND COUNCIL, LEON BARBARA CITY ENGINEER. WE'LL START OFF WITH HERO'S MEMORIAL PARK, UH, BASED ON THE CURRENT PACE ESTIMATES WE'RE AT ABOUT 47% COMPLETE. NOW THEY'RE FORMING THE MEMORIAL HONOR WALL AND THEY'RE INSTALLING THE, AS YOU CAN SEE ON THE PICTURE OF THEY'RE COMPLETING THE BRIDGE STRUCTURE, THAT'S THERE. UH, WE POURED SOME ADDITIONAL SIDEWALK ALONG THE PERIMETER LET OUT OF THE PARK, UH, ACCORDING TO THEIR PLASMID WE'RE ABOUT 34% COMPLETE AND THEY'RE WORKING ON THE UTILITIES VOLTAGE, I'M SORRY, THE UTILITIES AND THE PUMP VAULT MARY CAL HARTSON PARK PROJECT. UH, WE'RE ABOUT 95% COMPLETE IT. UH, THERE'S SOME HARDSCAPE THAT'S SUBSTANTIALLY COMPLETED. UH, YOU'RE STILL SOME OUTSTANDING WORK IN THE, UH, PARENT OPEN PARK, THE LAMPPOST WE'RE STILL WAITING FOR THOSE, UH, THE METAL ROOF NEEDS SOME WORK AND THAT'S SCHEDULED FOR NEXT WEEK. AND THEN WE STILL NEED SOME WORK ON THE WATER FOUNTAIN, SOUTH SIDE WASTEWATER PROJECT. WE'RE ABOUT 94% COMPLETE. UH, WE ARE INSTALLING SOME WASTEWATER ALONG THE I 35 THERE BY THE, UH, UH, PANDEY DEALERSHIP. AND, UH, WE'RE HEADING OVER TO EDWARDS DRIVE, HOPEFULLY WITHIN THE NEXT FEW WEEKS TO TRY TO PUT THAT LINE IN COUNCIL THAT WILL ENTAIL A CHANGE ORDER BECAUSE THE EDWARDS DRIVE PROJECT WAS NOT A PART OF THE ORIGINAL SOUTH SIDE PROJECT. SO I'LL BE BRINGING THAT TO YOU AS QUICKLY AS I CAN. WASTEWATER TREATMENT PLANT EXPANSION PROJECT, STILL LOOKING [00:30:01] GOOD. WE'RE ABOUT 84% COMPLETE. AND OUR DE-WATERING FACILITY THAT WE TALKED ABOUT AT A PREVIOUS, UH, CHANGE ORDER. IT'S ABOUT 6% COMPLETE. UH, THEY CONTINUE TO WORK ON SATURDAYS AND THEY WERE STILL DOING A BYPASS OPERATION AT THE PLANT AND EVERYTHING THAT MAJOR TREATMENT UNITS HAD BEEN CONSTRUCTED. AND WE STILL ARE PLANNING TO HAVE THIS ONLINE IN MARCH OF 2022. UH, THE DE-WATERING FACILITY WILL BE COMPLETED ONLINE IN AUGUST OF 2022. AND I'VE GOT A FEW PICTURES HERE FOR YOU. UH, THAT'S OVERALL PICTURE THAT YOU CAN SEE THERE, UH, ESPECIALLY WHAT IT IS. SO WHAT THE WORK THAT WAS DONE TO CLARIFY, UH, RECENTLY, UH, THIS IS SOME GRAD APPLICATION THEY DID RECENTLY, UM, ONE TO TWO INCHES OF GROUND IN THERE, BUT AS YOU CAN SEE, THAT'S A LOT OF HARD WORK INVOLVED WITH THESE PLANTS. AND THIS IS JUST, WE'RE DOING THE FINAL TOUCHES ON THE PLANT. BEN CREEK INTERCEPTOR PHASE TWO, SOME GOOD NEWS, UH, WE'RE AT 75% COMPLETE. NOW THERE'S ABOUT 5,100 LINEAR FEET OF RECLAIMED WATER LINE. THAT'S BEEN LAID ALREADY. WE HAVE ABOUT ANOTHER 2,700 FEET TO GO ON THAT, BUT MORE IMPORTANTLY, THE A 36 INCH PIPE THAT WE'VE BEEN WAITING ON FOR MONTHS IS ALREADY BEING MADE. AND WE'RE HOPING TO GET A DELIVERY BY THE END OF JANUARY, ACCORDING TO THE CONTRACTOR, WE'RE LOOKING AT MAYBE THREE TO FOUR MONTHS IN COMPLETING THAT PROJECT. BUT, UH, SOMETIMES I'M A LITTLE PESSIMISTIC, I WOULD SAY FOUR TO SIX MONTHS. SO JUST TO BE SAFE, OPO STRODE, WE STARTED CONSTRUCTION AT THAT INTERSECTION OF COUNTY ROAD 1 58, NO POST ROAD. UH, WE'RE, WE'RE THINKING IT'S GOING TO TAKE SOME NO MORE THAN TWO MONTHS TO COMPLETE THAT. AND THEN WE'LL MOVE ON TO SOME, UH, DITCH WORK THAT WE NEED TO DO IN FRONT OF THE CHURCH. AND ONCE THAT'S COMPLETED, THEN WE'LL MOVE OVER TO THE NORTH PART OF THAT PROJECT AND, AND WRAP UP THE PROJECT, ELLIOT BRANCH INTERCEPTOR, UH, WE'RE AT ABOUT 42% COMPLETE, UH, WE'RE INSTALLING WATER WASTEWATER AND RECLAIM WATERLINE ALONG THIRD STREET, WHERE THE ENDING POINT FOR THIS PARTICULAR PROJECT IS IT'S SCOTT STREET. SO WE'RE REALLY CLOSE TO THE END OF THE PROJECT. UH, WE ALSO INSTALLING SOME WASTEWATER LINES ON OLD HIGHWAY 81. SO YOU'VE SEEN SOME WORK GOING ALONG THERE. THIS IS PART OF THE LA BRANCH PROJECT ALSO, AND THERE'S A LINE ON THE SOUTHBOUND FRONTAGE ROAD WE USED TO PUT IN AS PART OF THIS PROJECT TO SLIMMER AND PORTER. UH, WE'RE INSTALLING A 12 INCH WASTEWATER LINE. WE'RE HEADING SOUTH TOWARDS AUSTIN STREET. WE'RE ABOUT 28% COMPLETE. I BELIEVE I MENTIONED AT THE LAST MEETING, WE'VE ENCOUNTERED ONE PARTICULAR ISSUE WITH THIS PROJECT. WE'VE HIT REALLY, REALLY HARD ROCK. UH, AS I MENTIONED BEFORE, IT'S, IT'S A KIND OF BULLISH TIT AND, UH, WHENEVER A YEAR CONTRACTOR HITS THE BLUE ROCK, WE HAVE A PROBLEM. ACTUALLY, WE HIT SOME OF THE BLUE ROCK ON THE SOUTH SIDE PROJECT AND, UH, WE DID BORES, BUT, UH, IT DOESN'T MATTER IF YOU DON'T, THERE'S, THERE'S A LAB CROPPINGS OF THAT BLUE THAT POP UP AND IT'S VERY HARD TO WORK WITH. SO, UH, WE'RE, WE MAY NOT COMPLETE THE WHOLE PROJECT. WE MAY HAVE TO CUT BACK THE SCOPE OF THE PROJECT AND, UH, DO A SECOND CONTRACT ON THIS PROJECT, X OTHER PROJECTS. UH, IT LOOKS LIKE THEY PAVED ROLAND, POTENTIALLY NOT THE CASE. THAT'S THE OIL THAT THEY PUT DOWN. THEY'RE GOING TO TRY TO PAVE LATER THIS WEEK, BUT THE WEATHER IS PRETTY IFFY. SO AT THE WORST, THEY'RE GOING TO TRY TO PAVE IT NEXT WEEK. AND, UH, THEY'VE GOT A LITTLE BIT MORE CONCRETE WORK THERE AS YOU CAN SEE AROUND THOSE PIPE CULVERTS. AND WE'LL HOPE TO SEE THAT OPEN IN ABOUT TWO TO THREE WEEKS. WE DO HAVE ONE CONSENT AGENDA ITEM. I WANTED TO MENTION, UH, WE WERE WORKING WITH TXDOT ON THE IMPLEMENTING THE QUIET ZONES, AND THEY'RE GOING TO REQUIRE US TO DO SOME DETAILED PLANS AND SPECIFICATIONS BECAUSE WE'RE GONNA LET THE PROJECT OUT UNDER TECH STOCKS GUIDANCE. SO AS A RESULT, WE HAVE TO GET SOME DETAILED SURVEYING. SO THAT'S WHAT THIS, UH, UH, PROPOSAL IS PAYING FOR US FOR THE SURVEYING THAT WE NEED ON CENTER STREET IN SOUTH STREET. THE OTHER ISSUE WE HAVE FOR THOSE TWO PARTICULAR CROSSINGS THAT WE'RE GOING TO NEED TO SET UP A DETOUR AND IT'S GOING TO BE DIFFICULT, DETOUR AND TRAFFIC. IF WE CLOSE CENTER STREET, WHERE DO WE SEND THEM? SO WE GOT TO HAVE TO FIGURE OUT A REALLY GOOD DETOUR IF WE TRY TO DO CENTERS CELL STREET TOGETHER. SO, UH, THAT'LL BE PART OF THIS DESIGN PROCESS AS WE GO THROUGH IT. UH, REQUESTS, WOULD YOU MIND LETTING US KNOW THAT PLAN PRIOR TO START OF CONSTRUCTION? YES. THAT'S, THAT'S A VERY MAJOR ISSUE HERE, RIGHT? ESPECIALLY AT THIS INTERSECTION. YES. RIGHT. AND THAT'S MY PRESENTATION. ANY QUESTIONS MAY PRETEND NOW, LEON, JUST A REAL QUICK, I WANT TO LOOK AT THE, UH, POSTS. I THOUGHT THEY WERE COMING IN LAST WEEK. DID THEY NOT ARRIVE FOR THE PARK DOWNTOWN THE LAMPPOST? APPARENTLY NOT ACCORDING TO WHAT I WAS TOLD TODAY, SO THEY'RE STILL NOT IN, MAYBE WE WERE WAITING ON INSTALLATION, SO IT'S STILL NOT IN, OKAY. UH, THIRD STREET, I'VE NOTICED THAT WE'VE DUG UP A LOT OF IT. ARE THERE PLANS FOR US TO REPAVE THAT INSTEAD OF PATCHING IT, UH, LATER IN THE FUTURE AND WE CAN OF W WE'RE WE'RE TURNING IT UP SO MUCH. I MEAN, WE'RE PUTTING IN A WATER LINE. WE HAVE, WE ACTUALLY UPSIZED THE WATER LINE. I THINK THERE WAS A SMALL WATER LINE THERE. WE SAID, WHILE WE'RE HERE, WHY DON'T WE JUST UPGRADED TO EIGHT INCH WATER LINE, WHICH IS WHAT WE NEEDED. SO WE WERE UPGRADING THE WATER LINE, WE'RE INSTALLING THE A 21 INCH WASTEWATER LINE. AND WE'RE ALSO INSTALLING A RECLAIM MODERN LINE. BY THE TIME YOU GET THROUGH INSTALLING THOSE TYPES OF LINES IN THAT NARROW OF [00:35:01] A STREET, STREET'S GONE. SO THE PLANS DO CALL FOR THAT ROAD TO BE PAY REPAVED AGAIN. ALL RIGHT, SOUNDS GOOD. NOW WE WON'T PAY FOR IT TO THREE LANES OR ANYTHING LIKE THAT. IT'LL BE THE SAME TWO NARROW LANES THAT WE HAVE. I KNOW, AND MAYBE SOME STRIPING WOULD BE GREAT AS WELL. STRIPING IN THAT AREA IS REALLY NEEDED. SO WE REMEMBER TO STRIPE IT AS WELL. UM, THE NEXT ONE IS ROLLING LANE. WE HAD SOME, UH, CHANGE ORDERS WHERE THE CONTRACTOR ABLE TO ADDRESS THOSE CHANGE ORDERS THAT WERE ON THERE. SOMETHING WAS WRONG. THE MEDIAN, UH, NEEDED TO BE SHORTENED IN, UH, AND WE MET WITH THE DEVELOPER AND THEY AGREED TO MAKE THOSE CHANGES AND REDUCE THE LENGTH OF THE MEDIAN. IF YOU GO OUT THERE AND SEE THE MEDIAN TODAY, IT STILL, AS IT WAS WHEN WE STARTED TALKING, BUT THEIR PLAN IS TO GO AHEAD AND PAVE IT AND THEN COME BACK AND SAW, CUT IT AND REMOVE THE MOST OF IT UP TO ABOUT 20 FEET FROM THE RAILROAD TRACKS. SO THEY'RE STILL GOING TO PLAN TO DO THAT. SOUNDS GOOD. AWESOME. UH, THAT'S GREAT. THAT'S FINE. MY FINAL QUESTION, BUT SINCE WE CAN GET THAT PAVED UNDER THE RESIDENTS THAT COMMUTE UP AND DOWN THAT ROADWAY ARE READY FOR IT TO BE OPEN BECAUSE THEY'RE HAVING TO GO ALL THE WAY ROUND, BUT DEFINITELY NOT KNOW THERE'S A RESIDENT THAT IS ONE OF THE AGENTS IN STREETS. THAT'S HAVING AN ISSUE WITH ALL THE TRAFFIC. SO THE SOONER WE CAN GET IT DONE THE BETTER FOR EVERYBODY. YES, SIR. THANK YOU, SIR. ANY OTHER QUESTIONS FOR LIAM CASPER? TOBY'S UH, REAL QUICK, UH, GOING BACK TO ROLAND LINK, UH, ON THE MAP WAS IF YOU CAN GO BACK TO THE PHOTOGRAPH AGAIN, WAS THERE CURBS THAT ARE GOING TO BE LINED UP THERE? IS THAT GOING TO BE HIGH LEVEL, A CERTAIN AMOUNT OF IT'S JUST THE CENTER CURVE IS PRETTY HIGH. THE CENTER CURB IS PRETTY HIGH, BUT WHEN YOU TURN INTO ROLAND LANE, CAUSE EVERYBODY KNOWS WHEN YOU'RE GOING DOWN THAT INTERSTATE, OR YOU GOING DOWN THE SERVICE ROAD, YOU GOT PEOPLE GOING AT LEAST 60, 70 MILES AN HOUR SOMETIME, OR HOPEFULLY YOU GO FASTER. AND THEN THEY SLOW DOWN TO A QUICK 20 MILE, 15 MILE TURNING. AND IT'S STILL PRETTY FAST. DIDN'T KNOW IF ANY OF THE CARS WOULD EVENTUALLY HIT THAT CURB. IF THAT'S WHAT IT IS RIGHT THERE. TH THEY OUTLINED THAT I'M SEEING THOSE ARE LAID DOWN CURBS. SO THEY'RE NOT FULL STANDUP CURBS, BUT WE DID VISIT WITH THE DEVELOPER ABOUT THAT PARTICULAR ISSUE. UH, WHEN THIS PROJECT WAS SUBMITTED TO TECHSTOP FOR REVIEW, WE WERE ALL THINKING, HOPING THAT WE WOULD BE SEEING A DIESEL LANE THERE, BUT THAT WAS NOT REQUIRED. SO IT WAS NOT INSTALLED AS PART OF THE, THIS PROJECT, UH, IN MY CONVERSATION WITH MR. SELLERS, THAT WE TALKED ABOUT LOOKING AT THE POSSIBILITY OF LOOKING AT DOING SOMETHING THERE IN THE FUTURE. SO WE'RE STILL GONNA LOOK AT IT. I DID CHECK THE ACCIDENT RECORDS FOR THIS PREDICTOR INTERSECTION. AND, UH, WE DID FIND THREE GOING BACK TO 2016, I THINK, BUT IT DIDN'T SAY THAT THEY WERE AT THE INTERSECTION. IT SAID THAT THERE WERE, THERE WERE SEVERAL HUNDRED FEET AWAY FROM THE INTERSECTION. SO IT DIDN'T APPEAR THAT THERE WERE REAR END TYPE COLLISIONS, BUT WE DID LOOK AT THE ACCIDENT RATES. IT DOESN'T APPEAR THAT THERE'S AN ISSUE THERE NOW. UH, WE'LL JUST HAVE TO KEEP AN EYE ON IT AND SEE WHAT HAPPENS WITH THAT. BUT YOU HAVE A GOOD POINT. IT IS. THAT IS CORRECT. ESPECIALLY THE MEDIA AND THAT COMES OUT, LIVE IT TOWARDS THE ACCESS ROAD. I MEAN, I MEAN, I'M, I'M JUST, I'VE DRIVEN DOWN THERE IN MANY, MANY YEARS, AND I COULD JUST SEE SOMEBODY JUST FLYING DOWN AND THEN HITTING THAT CURB AS WELL, RIGHT IN THE MIDDLE. UH, IF, IF IT, UH, AT A HIGH RATE OF SPEED, BUT I AM GLAD THAT IT'S KIND OF FINALLY SMOOTHING OVER THE LITTLE SMALL STORY ABOUT MY END IS I WAS COMING HOME FROM WORK SAN MARCUS, MY BROTHER'S FIERO. AND I REMEMBER HITTING THAT TRAIN TRACK AND FLYING OVER LIKE A HAZARD. I MEAN, I'M GLAD IT'S FINALLY LEVELED OUT, BUT IT WAS A BIG HOLE PUMP AT THE VERY END, SOME GLASS FUNNY EDGE. AND NOW COUNCIL MEMBER THAT MEDIA, AND YOU SEE ON THE LEFT SIDE THERE, SOME OF THAT WILL BE REMOVED. WE'RE GOING TO CUT THAT DOWN. SO THERE'LL BE ONLY ABOUT 20 FEET. THAT'LL BE SITTING PRETTY. YEAH. OKAY. AND THANK YOU FOR ANSWERING NUMBER EIGHT EARLIER TODAY ABOUT THE QUIET ZONE. YES, SIR. ON THE SURVEY. APPRECIATE IT. COUNCIL RAILS. THANK YOU. UM, SO I KNOW THIS ISN'T ONE OF OUR, UH, CAPITAL IMPROVEMENT PROJECTS, BUT THE LGA CONSTRUCTION THAT'S GOING ON, UH, IN AMBERWOOD AND, UM, THE SUBDIVISION OVER THERE, UM, KENSINGTON TRAILS AND WINDY HILL ROAD, UH, THE SHOW WHERE THEY'VE, THEY'VE COME INTO DO THE, UM, LAY THE, UH, UTILITY LINES FOR, UH, SO WE'VE, UH, AND I KNOW COUNCIL MEMBER TO BE AS HAS EMAILED IT THIS PAST WEEK ABOUT THAT, BUT WOULD THERE BE ANY WAY I KNOW IT DOESN'T FALL UNDER OUR CAPITAL IMPROVEMENT PROJECTS, BUT THERE WOULD THERE BE ANY WAY TO GET JUST SOME, UM, UM, COMMUNICATION TO US FROM STAFF CATCH ALL OF COUNCIL UP. SO WE'RE ALL ON THE SAME PAGE ABOUT WHAT'S GOING ON WITH THAT, THAT PROPER CHANNELS RESIDENTS CAN GO THROUGH. I KNOW THEY PROVIDED A PHONE NUMBER. I'M NOT SURE IF ALL OF COUNCIL IS AWARE OF THAT. JUST SOMETHING A NEXT MEETING, PERHAPS TO GET US ALL ON THE SAME PAGE AND, UH, KNOW WHAT THE LATEST IS ON THAT. I KNOW THEY'VE GOT, THEY'RE BEHIND WITH GETTING SOD TO REPLACE, UH, PEOPLE'S PROPERTY AND DIFFERENT THINGS. BUT I THINK JUST, UH, OVERALL, UH, UH, JUST KEEPING US IN THE LOOP ABOUT WHAT THAT WHAT'S GOING [00:40:01] ON WITH THAT MIGHT BE HELPFUL ON, OH YEAH. THAT'S WHAT I'M ASKING NEXT AGENDA. WE'LL DO THAT ON THE NEXT AGENDA. ALRIGHTY. ANY ANYONE ELSE? THANK YOU, LEON. WELCOME. ALL RIGHT, NEXT UP, UH, THE CONSENT [VI.  Consent Agenda] AGENDA. IS THERE ANYONE WHO WISHES TO PULL ANY ITEMS? CUSTOMER ELLISON? I LIKE TO PULL AGENDA ITEM 10, UH, CUSTOMER FLOOR SCALE. I'D LIKE TO PULL AGENDA ITEM 11 AND 16, PLEASE. OKAY. ANYONE ELSE? UH, I'M GOING TO PULL 12, I'M SORRY. 12 AND I'M PULLING 15. ALL RIGHT. SO WE'VE GOT, UH, UH, I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS, 7, 8, 9, 13, AND 14. UH, MOVED BY THE MAYOR, SECONDED BY COUNCIL MEMBER FLOOR SCALES THEIR DISCUSSION ON THE MOTION. DID ANYBODY POST 16? YES. ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. NEXT UP, [10.  Authorize the Mayor to Execute and Enter Into a Memorandum of Understanding with Hays County in an Amount Not to Exceed $10,300 Due in Fiscal Year 2023 for the Purpose of Funding and Implementing Citizen Online Reporting Software Entitled Desk Officer Reporting System and Identified Herein as Coplogic Solutions Provided by LexisNexis. ~ Jeff Barnett, Chief of Police] UH, AGENDA ITEM, NUMBER 10, AUTHORIZED THE MAYOR TO EXECUTE, UH, AND ENTER INTO AN MOU WITH HAYES COUNTY AND AMOUNT, NOT TO EXCEED $10,300, UH, DUE IN FISCAL YEAR 2023 FOR THE PURPOSES, UH, OR PURPOSE OF FUNDING AND IMPLEMENTING CITIZEN ONLINE REPORTING SOFTWARE ENTITLED DESK OFFICER REPORTING SYSTEM, AND IDENTIFIED HERE IN AS COP LOGIC SOLUTIONS. UM, I DO NOT KNOW WHO I DID HOLD WHICH ONE? YES. THANK YOU. UH, SO I PULLED THIS ITEM ONE, UH, LARGELY JUST TO GIVE CHIEF AND OPPORTUNITY TO KIND OF EXPLAIN WHAT THIS IS AND THE HUGE BENEFIT, UH, TO OUR RESIDENTS. AND WITH THIS ADDITION AND SOPHOMORE, UH, AS SOME OF YOU ALL MIGHT REMEMBER ON THE COUNCIL AND WATCHING, UH, WE MADE SOME, UH, MAJOR INVESTMENTS THIS PAST BUDGET YEAR ON, UH, TRYING TO MOVE OUR GROWING DEPARTMENT, UH, NOT ONLY GETTING A NEW BUILDING AND ADDING OFFICERS AND DIFFERENT THINGS, BUT ALSO PROVIDING RESOURCES AND THE TOOLS THEY NEED TO MAKE THEM MORE EFFICIENT, BRINGING THEM INTO THE 21ST CENTURY AND EVERYTHING LIKE THAT. SO I WANTED TO GIVE CHIEF AND OPPORTUNITY TO TELL US A LITTLE BIT ABOUT WHAT THIS IS AND HOW THIS WILL BENEFIT OUR CITIZENS. ABSOLUTELY. THANK YOU, MAYOR COUNCIL, JEFF BARNETT, CHIEF OF POLICE FOR THE RECORD. SO HAYES COUNTY HAS ASKED US TO ENTER INTO A FUNDING AGREEMENT TO PURCHASE ONLINE POLICE REPORTING SOFTWARE. THEY ARE GOING TO APPLY FOR A GRANT AND APPLY THOSE FUNDS TOWARDS THIS PROJECT, AND THEN SPLIT THE REMAINING DIFFERENCE THAT WILL RESULT IN THE CITY OF KYLE OWING, APPROXIMATELY $10,300. THIS WILL GET US A TWO YEAR SERVICE AGREEMENT FOR THE ONLINE REPORTING SOFTWARE THAT YOU IDENTIFIED. AND THIS WILL GET OUT TO GET US ABOUT TWO YEARS OF SERVICE FOR THAT. AND THEN WE WILL HAVE A RECURRING AGREEMENT AFTER THE FIRST TWO YEARS OF INITIAL PERIOD. WHAT THIS WILL DO IS IT WILL ALLOW CITIZENS TO REPORT MINOR CRIMES TO THE POLICE DEPARTMENT FROM THE COMFORT OF THEIR HOME OR ON THEIR TELEPHONE, IN AN ONLINE FORMAT THAT WILL SAVE US SOME MANPOWER HOURS OF SENDING OUT OFFICERS TO TAKE, UH, THEFT REPORTS, SMALL AND MODERATE INCIDENT REPORTS, THINGS THAT PEOPLE SIMPLY SOMETIMES WANT TO DOCUMENT FOR THEIR INSURANCE PURPOSES AND OTHER THINGS. AND CURRENTLY WE HAVE TO DISPATCH AN OFFICER TO GO MEET WITH THEM. THEY CAN CERTAINLY STILL DO THAT IF THEY WANT, BUT WE GET A LOT OF REQUESTS THESE DAYS, UH, SOMEONE WHO WANTS TO REPORT MAYBE A LOST PHONE OR STOLEN CELL PHONE, AND THEY JUST SIMPLY NEED TO USE THAT WITH THEIR PHONE COMPANY OR INSURANCE, BUT IT WILL SAVE OUR MANPOWER HOURS AND IT WILL MEET THE REQUESTS AND NEEDS OF THE CITIZENS. AND THIS, AGAIN, AS YOU MENTIONED, WILL BE DUE IN THE NEXT FISCAL YEAR AND IN THE AMOUNT OF $10,300. AND THAT'LL BE OUR PORTION THAT WE WOULD BE GETTING A REQUEST FROM YOUR DEPARTMENT, THIS BUDGET WORKSHOP SEASON WITH THAT AMOUNT UNIT. YES. CURRENT EFFECT OCTOBER 1ST. YES, SIR. CORRECT. SOUNDS GREAT. THAT'S ALL I HAD, UH, COUNSEL, IF Y'ALL HAVE ANY MORE QUESTIONS, BUT SHE CUSTOMER TOBY'S YEAH, IT'S CHEAP. UM, WHEN IT COMES TO LIKE REPORTING SMALL INCIDENTS, WOULD THIS ALSO BE SOMETHING THAT YOU COULD USE TO REPORT REPORT A SMALL FENDER BENDERS OR SOMETHING LIKE THAT THAT HAS TO DO WITH CARS OR INSURANCE, OR IS THAT SOMETHING DIFFERENT? IT HAS TO BE WITH A THEFT OR GRAFFITI OR SOMETHING LIKE THAT AT THE PARK OR SOME, THAT'S A GREAT QUESTION. AND YOU'RE RIGHT. IT WILL NOT COVER THE MINOR ACCIDENTS AS THERE'S A WHOLE DIFFERENT SET OF DATA, AND THAT CAN BE REPORTED DIRECTLY TO THE STATE ANYWAY, BY THE PERSON INVOLVED IN A MATTER OF FENDER BENDER. SO THIS WOULD NOT INCLUDE ACCIDENTS, BIG SENSORS, ALREADY A STATE SYSTEM FOR THAT. OKAY, THANK YOU. YES, SIR, BECAUSE WE'RE PARTLY, OH, SORRY ABOUT THAT. UM, SO THAT AMOUNT THAT $37,094 IS THAT CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING THAT IS BEING USED BECAUSE SO THE PURPOSE OF THIS AGREEMENT IS TO AVOID [00:45:01] THE CONTACT BETWEEN RESIDENTS AND THE BULLIES, OR IS IT TO BE, MAKE IT EASIER FOR RESIDENTS TO RAPPORT, YOU KNOW, MINOR INCIDENTS, BOTH, UH, THE, THE COUNTY'S PLAN TO APPLY FOR THIS GRANT TO GET, UM, A LITTLE LESS THAN 30,000 OF IT FUNDED BY, BY GRANT FUNDS IS JUST THAT TO ELIMINATE THE NEED FOR CONTACT BETWEEN OFFICERS AND CITIZENS AND TO HOPE TO, UH, TRANSMIT THE VIRUS. AND SO THE CONTRACT WILL START TODAY UNTIL 2024. THAT'S A GREAT QUESTION. SO IT THERE'S A DATE ON HERE BECAUSE WE HAD TO HAVE ONE WITH THE, UH, WITH THE COUNTY. HOWEVER, THE ACTUAL IMPLEMENTATION DATE WILL NOT BE, UH, REALIZED UNTIL THE COMPANY THAT WE'RE GOING TO THAT HAYES COUNTY IS GOING TO CONTRACT WITH ACTUALLY IMPLEMENTS THEIR PRODUCT. SO IT'S KIND OF A FLUID DATE. IT'S WHENEVER BOTH THE CITY AND HAYES COUNTY AGREED TO THIS, UH, FUNDING AGREEMENT, THEY WILL THEN HAVE THE COMPANY COP LOGIC COME IN AND INSTALL THAT SOFTWARE. AND ACTUALLY THEIR CONTRACT, OUR TWO YEAR PERIOD WILL START THE DAY THAT THEY GET THAT IMPLEMENTED AND BASICALLY HAND IT OVER TO THE COUNTY AND TO THE CITY TO BEGIN OPERATIONS. OKAY. AND WILL THE RESTAURANTS BE RECEIVING SOME SORT OF CONFIRMATION THAT THERE IS A KEYS OR, UM, I DUNNO HOW YOU WILL CALL ME AND APOLOGIZE FOR THAT. UH, IF THEY ARE REPORTING SOME SORT OF INCIDENT, I WILL, THEY GET SOMETHING THAT THEY CAN JUST COME CALL BACK AND REFER TO THEM AND GET SOMEBODY IF THEY NEED TO TALK TO SOMEBODY. YEAH. THERE'LL BE GIVEN A CASE NUMBER THAT'LL BE ASSIGNED BY THE SYSTEM. AND THAT CASE NUMBER WILL TRANSLATE INTO OUR CURRENT POLICE REPORTING SYSTEM AND THEY CAN ALWAYS REACH US AND CONTACT US WITH THAT CASE NUMBER FOR FOLLOW-UP OR SHOULD THEY FIND, FIND THE ITEM THAT THEY THOUGHT WAS MISSING OR STOLEN, OR SHOULD THEY FIND ADDITIONAL INFORMATION THAT THEY NEED TO SHARE WITH US? THERE'S A TRACKABLE NUMBER THAT THEY'LL GET. OKAY. THANK YOU. YES MA'AM ANY OTHER QUESTIONS? COMMENTS, MOTIONS, MAYOR. I'D LIKE TO MAKE A MOTION TO APPROVE ITEM NUMBERED. TEN SECOND. MOVE BY MAYOR PRO TEM RIZZO SECONDED BY COUNCIL MEMBER. TOBIA SAYS THERE, DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. [11.  Approve a contract with EASTER SEALS CENTRAL TEXAS, formerly TIBH INDUSTRIES, INC., Austin, Texas, through Workquest in an amount not to exceed $54,855.00, as the contractor for litter pick up and grass cutting on Interstate 35 using Easter Seals of Central Texas as the service provider. ~ Chance Padier, Environmental Services & Trades Division Manager] NEXT UP AGENDA ITEM NUMBER 11. UH, APPROVE A CONTRACT WITH EASTER SEALS, CENTRAL TEXAS, FORMERLY, UH, TIB H INDUSTRIES, UH, THROUGH WORK QUEST AND AMOUNT, NOT TO EXCEED $54,855 AS THE CONTRACTOR FOR LITTER PICKUP AND GRASS CUTTING SERVICES ON I 35 CUSTOMER FLOOR. THANK YOU. UM, IS THE DEPARTMENT HERE TO TALK ABOUT THIS? SHE IS HERE. OH, YAY. OKAY. UM, I'M GOING TO START OFF BY SAYING WHENEVER I READ NUMBER 11. I, OF COURSE I DID MY DUE DILIGENCE AND I, AND I CHECKED THE NAMES AND, UM, ALTHOUGH THEY WERE CORRECT IT, IT WAS KIND OF BACKWARDS. SO THE EASTERSEALS CENTRAL TEXAS, UM, WAS NOT FORMERLY TIB H INDUSTRIES ACTUALLY WORK QUEST WAS. AND SO NOT THAT IT MAKES A DIFFERENCE OTHER THAN JUST MAKING SURE THAT IT'S IN THE RIGHT ORDER, BUT, UM, I READ EASTER SEALS AND I WAS LIKE, I KNOW THAT NAME. HOW DO I KNOW THAT NAME? AND SO I'M LOOKING INTO IT A LITTLE BIT DEEPER. I WAS JUST TRYING TO FIGURE OUT HOW THIS WHOLE PROCESS WORKED, UM, AND HOW IT CAME, HOW IT CAME TO BE. WELL, WE USED EACH OF YOUR SALES LAST YEAR AS PART OF OUR BEAUTIFICATION PROGRAM. I THINK WE'VE USED THEM FOR YEARS BEFORE THAT. AND THEY DO OTHER CITIES AT 35 FRONTAGE ROADS UP AND DOWN THE CORRIDOR, AND THEY'VE DONE A REALLY GOOD JOB FOR US AND YOU CAN'T BEAT THE PRICE. SO WE'D LIKE TO CONTINUE THAT RELATIONSHIP. OKAY. UM, I KNOW OUR BEAUTIFICATION DEPARTMENT IS PRETTY NEW, UM, AND NOT THAT I WANT TO TAKE ANYTHING AWAY FROM IT, EASTER SEALS, BUT I'D LIKE TO MAKE SURE THAT WE'RE UTILIZING ALL OF OUR DEPARTMENTS TO THE BEST OF THEIR ABILITY. AND SO I KNOW WE ALREADY HAVE A LOT OF OUR LANDSCAPING CONTRACTED OUT, AND THEN I LOOKED AT THIS ONE AND THIS IS QUITE A FEW ROADS AS WELL. SO MY CONCERN IS ARE WE, ARE WE HOLDING ACCOUNTABLE? THE DEPARTMENTS THAT NEED TO BE HELD ACCOUNTABLE? AND WE ARE, I PERSONALLY DROVE ALL OF OUR CORRIDORS WITH A CHANCE A COUPLE OF WEEKS AGO, ACTUALLY I'VE TWICE. SO I'VE SEEN ALL THE WORK THAT THEY'RE DOING IN ADDITION TO WHAT WLA AND BRIGHT VIEW IS DOING. THEY HAVE A WHOLE LIST OF THINGS THAT THEY NEED TO ACCOMPLISH THE FIRST HALF OF THIS YEAR AS PART OF THE BEAUTIFICATION PROGRAM. AND, UM, THEY'RE VERY BUSY. OKAY. SO WHO CURRENTLY CUTS THESE AREAS? EASTER SEALS AND TEXTILES HAVE BEEN CUTTING THOSE AREAS FOR THE PAST SEVERAL YEARS. OKAY, GREAT. THANK YOU. THAT'S IT. I JUST WANT TO ADD ACTUALLY THAT I GOT A SNEAK PEEK AT CHANCE'S MAP THAT HE'S BEEN WORKING ON TO REALLY, IT'S VERY DETAILED AND IT SHOWS WHAT DEPARTMENTS HAD. IT'S LIKE LINES ON THIS STREET AND, [00:50:01] AND WHAT WE HAVE CONTRACTED OUT FOR. UH, I THOUGHT THAT WAS VERY HELPFUL ADDING TO THAT BECAUSE YOU CAUSE YOU'RE RIGHT, IT'S HARD TO GET YOUR MIND AROUND. WHO'S RESPONSIBLE FOR WHAT I MEAN, ULTIMATELY RESPONSIBLE FOR EVERYTHING, BUT ARE WE USING, WHAT ARE WE USING CONTRACT LABOR FOR VERSUS YEAH, WE'RE ALSO UTILIZING CODE ENFORCEMENT TO MAKE SURE THAT, UH, AREAS THAT ARE POSED TO BE MAINTAINED BY PUBLIC OR PRIVATE ENTITIES ARE DOING THEIR PART AS WELL. IS THERE ANY WAY I CAN SEE THE SAME THING IT WAS? I WASN'T EVEN, IT WAS RANDOM. HE WAS RIDING ON IT AND THEY'RE GOING TO SCAN IT AND SEND IT. IT'LL COME TO EVERYONE. I DON'T HAVE A COPY OF IT EITHER. IT WAS, IT WAS A ROUGH DRAFT MAYOR PRO TEM. YEP. AND ALSO WANT TO ADD TO THAT. SO ONE OF MY QUESTIONS TO CHASE EARLIER THIS WEEK WAS, UM, DURING THE DOWNTIME, CAUSE RIGHT NOW GRASS IS NOT GROWING. I WAS WONDERING WHAT THEIR DUTIES WERE AND THEY WERE TALKING ABOUT PRESSURE WASHING OUR BRIDGES. AND HE LISTED A LONG LIST OF DUTIES. I'M LIKE, YOU KNOW, THAT GRASS WILL BE STARTING TO GROW IN THE SPRING. AND HE SAYS, WE'LL HAVE THIS KNOCKED OUT BY THE SPRING. SO IT WAS GREAT. SO THEY'RE STAYING BUSY AND UH, ASKED THEM TO COMPILE A LIST FOR ME. AND, UH, HOPEFULLY HE CAN GET THEM TO COUNCIL. SO WE HAVE A FULL SPREADSHEET OF ALL THE STUFF THAT THEY'RE WORKING ON RIGHT NOW THAT, AND IT'S GOT TO FINE TUNE THAT JUST A LITTLE BIT. AND THEN WE'LL BE SHARING THAT WITH COUNCIL. IT'S A LIVE DOCUMENT. ALL THE DEPARTMENTS INVOLVED ARE UPDATING IT REGULARLY AND WE MEET EVERY OTHER WEEK TO GO OVER IT. GREAT JOB. THANK YOU. ALL RIGHT. ANY OTHER QUESTIONS? COMMENTS, MOTIONS. QUICK QUESTION. UM, SO I THINK HERE THAT YOU GUYS ARE MOWING THREE TIMES A YEAR, OR AM I LOOKING AT THAT TXDOT IS MOWING TWICE A YEAR AND IF THERE'S ANY NEED TO AUGMENT THAT MOLINE AND THE LETTER PICKUP, WE WOULD TASK OUR, OUR PARKS CREWS, OUR BEAUTIFICATION CREWS, AND EVEN OUR PUBLIC WORKS CREWS THAT COME IN AND FILL THAT GAP IF IT WAS NEEDED. OKAY. THAT WAS MY ONE QUESTION. ANYONE ELSE? MOTIONS, MAYOR I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 11. SECOND, IT'S MOVED BY COUNCIL MEMBER FOR SCALE SECONDED BY COUNCIL MEMBER. TOBIA SISTER DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT UP [12.  A Resolution by the City Council of the City of Kyle, Texas to approve and adopt grant procedures for the City when the City is a recipient of Federal and/or State funding. ~ James Earp, Assistant City Manager ] AGENDA ITEM NUMBER 12, A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF KYLE TEXAS TO APPROVE AND ADOPT GRANT PROCEDURES FOR THE CITY. WHEN THE CITY IS A RECIPIENT OF FEDERAL AND OR STATE FUNDING, I DO NOT KNOW WHO PULLED THIS CUSTOMER. ELSA. THANK YOU. UH, MR. UH, I JUST WANTED TO GIVE YOU AN OPPORTUNITY TO GIVE US A QUICK OVER VIEW OF WHAT WE'RE DOING WITH THIS, UH, GRANT PROCEDURES POLICY, UM, HOW, UM, THE COUNCIL WILL BE INFORMED AS, UH, GRANTS ARE DONE. AND AS OUR LOBBYISTS ARE ACTING ON OUR BEHALF, WHAT KIND OF, UH, COMMUNICATION AND HOW FREQUENTLY THAT WILL HAPPEN, UM, AND, UH, WHAT DECISIONS THE COUNCIL WILL MAKE ONCE THOSE FUNDS HAVE BEEN IDENTIFIED AND OPPORTUNITIES HAVE BEEN IDENTIFIED. THANK YOU, COUNCIL MEMBER FOR THE RECORD, JAMES PURPOSES, THAT CITY MANAGER. SO THIS ITEM THAT WE'RE DEALING WITH TONIGHT IS SPECIFICALLY THE AMENDMENTS THAT ARE REQUIRED TO POLICY WHENEVER WE'RE DEALING WITH FEDERAL FUNDS. UM, WE ARE CURRENTLY, THIS CAME UP BECAUSE WE'RE CURRENTLY UTILIZING GLOO FUNDS FOR THE WINDY HILL PROJECT AND JOANNE GARCIA, AS YOU ALL WELL KNOW, HAS BEEN MANAGING THAT PROJECT. AND THE GLO IS REQUIRING THESE AMENDMENTS THAT WE ADOPT AND UTILIZE WHENEVER WE HAVE FEDERAL DOLLARS INVOLVED IN A PARTICULAR PROJECT. UM, IT IT'S, IT IS IMPORTANT TO NOTE THAT THESE, THESE PROCEDURES THAT YOU'RE, THAT ARE, THAT YOU'RE LOOKING AT APPLY TO THE GRANT PROJECTS THEMSELVES AND NOT NECESSARILY OUTSIDE OF THAT INDIVIDUAL GRANT. CAUSE WHEN WE GET A GRANT, WE CREATE AN ACCOUNT SPECIFICALLY FOR THAT GRANT. AND THEN IT HAS THE FOLLOW VERY SPECIFIC GUIDELINES. NOW ONTO THE REST OF YOUR QUESTION. UM, MOSTLY MOST OF THE APPLICATIONS, MOST OF THEM REQUIRE SOME SORT OF CONSENT FROM THE CITY'S ASPECT. SO THERE ARE SOME APPLICATIONS THAT WE CAN SUBMIT AND HAVE SUBMITTED WITHOUT COUNCIL ENDORSEMENT OR WHAT HAVE YOU, BECAUSE WE'VE ALREADY TALKED ABOUT AN ITEM OR WE'RE JUST SEEING IT, THE MONEY'S AVAILABLE AND IT DOESN'T REQUIRE A COUNCIL CONSENT, BUT THE VAST MAJORITY OF THE APPLICATIONS AND OR WHENEVER THE AWARDS ARE GENERATED AND WE AGREED TO ACCEPT THE DOLLARS, THOSE REQUIRE COUNCIL ACTION. SO EVERY SINGLE GRANT THAT WOULD BE APPLIED FOR AND OR RECEIVED AT ONE POINT IN TIME, EITHER AT THE BEGINNING UPFRONT OR AT THE BACK END OR BOTH THE FRONT END, THE BACK END, DEPENDING ON THE GRANT, UH, COUNSEL WOULD BE ENGAGED AND ACTIVE IN THAT SPECIFIC GRANT. AS FAR AS THE WORK THAT AKIN GUMP IS DOING, YOU KNOW, THEY PROPOSE WELL, THEY PULLED TOGETHER LIKE A LIST OF LIKE EVERYTHING THAT'S OUT THERE, I'LL CALL IT THE, THROW THE SPAGHETTI ON THE WALL APPROACH RIGHT THERE, JUST TO SEE EVERYTHING. AND THEN, YOU KNOW, SOME OF THOSE WERE NOT ELIGIBLE FOR, FOR VARIOUS DIFFERENT REASONS. AND SOME OF THEM, WE CAN'T FIND A PROJECT THAT WOULD WORK FOR VARIOUS DIFFERENT REASONS, BUT THERE ARE A NUMBER [00:55:01] OF THEM THAT ARE VIABLE. THE FEDERAL BUDGET HAS BEEN POSTPONED FOR BEING ADOPTED. SO RIGHT NOW NONE OF THOSE GRANTS ARE AVAILABLE FOR US TO APPLY FOR. WE DON'T HAVE ANY GUIDANCES, WE DON'T HAVE ANYTHING THAT WE CAN WORK OFF OF. AND THAT'S KIND OF KEPT US IN A LITTLE BIT OF A HOLDING PATTERN ON THAT REGARD, BUT THAT SAID, YOU KNOW, WE'VE IDENTIFIED SEVERAL PROJECTS. I THINK THE CITY MANAGER HAS WORKED ON A LIST. I'VE GOTTEN FEEDBACK FROM SEVERAL DIFFERENT GRANT WRITERS ON LIKE WHICH ONES WHO ARE LIKE, WE STAND A REALLY GOOD CHANCE FOR VERSUS ONES THAT ARE KIND OF MORE OF A REACH FOR US, BUT YOU KNOW, IT'S A LITTLE GO FOR. SO WE'VE KIND OF COLLECTED ALL THAT DATA AND WE'RE SOMEWHAT WAITING FOR THE, FOR THE FEDS TO FINALIZE THEIR BUDGET AND TO PUT IT INTO AUTHORIZATION. SO ALL OF THESE GUIDANCES CAN COME OUT AND THEN WE CAN START SAYING, OKAY, IN MARCH, THIS ONE'S GOING TO BE AVAILABLE IN SEPTEMBER. THIS ONE'S GOING TO BE AVAILABLE. SO ON AND SO FORTH AND A STATE, ANY STATE FUNDING OPPORTUNITIES. YEAH. THE STATE ONES ARE A LITTLE BIT DIFFERENT. UM, THEY'RE, THEY'RE ADOPTED BUDGET WISE. UM, WE, AS WE BECOME AWARE OF THE ONES THAT ARE PASSED TO US OR THEY COME UP FROM EVEN THE GRANT WRITERS THEMSELVES WILL SAY, HEY, THIS GRANT IS AN OPTION FOR YOU. UM, WE LOOK AT THOSE AND THEN WE LOOK AT, YOU KNOW, SUBMITTING FOR THEM. SO LIKE THERE'S AN APPLICATION THAT'S DUE THIS WEEK RIGHT NOW FOR SOME OF THE RECYCLING AND THINGS LIKE THAT, THAT, THAT WE'RE GOING TO LOOK AT APPLYING FOR. AND THEN IF WE RECEIVE THAT, THEN THE COUNCIL WOULD HAVE TO AUTHORIZE, UH, THE COMMITMENT ON THE CITY'S BEHALF TO, YOU KNOW, TO, TO MATCH OR WHATEVER ELSE WE HAVE TO DO ON EACH GRANT. SO UNDERSTOOD. THAT'S THE EXISTED, MY STANDUP, MY QUESTIONS. OKAY. THANK YOU. ANY OTHER QUESTIONS? MOTIONS? OH, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 12, UH, MOVED BY CUSTOMER ELLISON SECOND BY CUSTOMER FLOORS KILLS THEIR DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR, SAY AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. UH, ALL RIGHT. NEXT UP, UH, [15.  Discussion and Possible Action Regarding Equipment and Services for Radio and Telephone Operations for the Kyle Public Safety Center to be Provided by the Lower Colorado River Authority (LCRA). ~ Jeff Barnett, Chief of Police] AGENDA ITEM, NUMBER 15, DISCUSSION POSSIBLE ACTION REGARDING EQUIPMENT SERVICES FOR RADIO AND TELEPHONE OPERATIONS FOR THE CAR PUBLIC SAFETY CENTER TO BE PROVIDED BY THE LC RA. UH, I DON'T NEED TO REPORT CHIEF. I JUST WANT TO REST YOUR, HER DIFFERENT VOTES ON I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 15. ALRIGHT. YEAH, IT MOVE BY MAYOR PRO TEM SECONDED BY COUNCILLOR FLOOR SKILLS, THEIR DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. ALL OPPOSED. MOTION CARRIES SIX TO ONE. ALL [16.  Right of Entry License Agreement between Mountain Plum, Ltd. and City of Kyle. ~ Paige Saenz, City Attorney] RIGHT. NEXT UP. AGENDA ITEM NUMBER 16, RIGHT OF ENTRY LICENSE AGREEMENT BETWEEN MOUNTAIN PLUM LTD AND THE CITY OF KYLE. THANK YOU. ALL RIGHT. THANK YOU. UM, SO I DO A PRETTY GOOD JOB OF READING EVERYTHING. AND SO I, WHEN I WENT TO READ THIS, I WAS TRYING TO, I WAS KIND OF BAMBOOZLED. SO IF I THOUGHT YOU COULD, UH, KIND OF EXPLAIN WHAT THIS IS AND HOW THE PROCESS WAS THE MAYOR COUNCIL PAGE SIGNS FOR THE RECORD. THIS IS A RIGHT OF ENTRY AGREEMENT BETWEEN THE CITY OF KYLE AND THE, UH, PROPERTY OWNER WHO IS THE MOUNTAIN PLUM LIMITED COMPANY, WHICH ALL HAVE HAD SEVERAL INTERACTIONS WITH ON VARIOUS PROJECTS. UM, THEY'VE CONVEYED LAND TO YOU. UM, HERO'S MEMORIAL PARKING LAVERDE. THE CITY IS CURRENTLY WORKING ON NEGOTIATING SOME ADDITIONAL CONVEYANCES. ONE OF THEM BEING THIS SOCCER PARCEL, WHICH IS ABOUT 11 ACRES. THE CITY IS LOOKING AT THAT SITE AS A POSSIBLE SITE FOR A FESTIVAL IN THE MONTH OF MAY, IF I'M CORRECT, APRIL OR MAY. AND SO WHAT THE CITY WOULD LIKE TO DO IS ENTER THAT PROPERTY FOR THE PURPOSE OF KIND OF ASSESSING THE PROPERTY TO DETERMINE IF THAT'S AN APPROPRIATE SITE FOR THE EVENT AND TO PLAN THE EVENT, UH, WHAT THE PROPERTY OWNERS REQUESTED IS A PERMISSION WRITTEN PERMISSION TO DO SO, PLUS, UM, W YOU KNOW, WHATEVER ASSURANCES THE CITY CAN GIVE ABOUT LIMITATION OF ACTIVITIES TO BE CONDUCTED ON THE PROPERTY INDEMNIFICATION, WHICH FOR CITIES, FRANKLY, IS LIMITED. UM, AND THEN INSURANCE COVERAGE REQUIREMENTS, THE CITY CARRIES A TML RISK POOL COVERAGE, AND THAT RISK FULL COVERAGE IS ACCEPTED BY THE PROPERTY OWNER IS, UH, SUFFICIENT FOR THEIR PURPOSES. THEY'VE DONE THAT IN OTHER DOCUMENTS AS WELL. UM, THE CITY ACCEPTS WHATEVER RISK THERE MAY BE IN GOING ON THE PROPERTY. UM, IN ADDITION TO THAT, THE CITY'S ACTIVITIES ARE LIMITED TO ACCESS FOR THE PURPOSE OF, UM, JUST PLANNING THE PROJECT. THE CITY IS, UH, THE PROPERTY OWNER HAS AUTHORIZED THE CITY TO MOW, TO CUT TALL GRASS AND TO CUT DOWN SOME OF THE MESQUITE TREES, IF NEEDED AS PART OF THE PLANNING PROCESSES. AND I AM AVAILABLE TO ANSWER ANY ADDITIONAL QUESTIONS. THANK YOU. SO IS THIS GOING TO BE LIKE A ONE-TIME USE? [01:00:02] IT WOULD BE A ONE-TIME USE AND IT, IF YOU'LL SEE THE TERM ENDS, THE CITY'S ANTICIPATING IF THIS PROPERTY, ONCE WE GET TO A CONVEYANCE THAT THAT WOULD HAPPEN BY MAY 31ST OR THE DATE THAT THE OWNER CONVEYS THE PROPERTY TO THE CITY, UH, THAT WOULD BE SO, SO THIS AGREEMENT STAYS IN EFFECT FOR THAT PURPOSE. IT'S A ONE-TIME OCCURRENCE FOR A SPECIFIC EVENT, BECAUSE I THINK IT'S PR I MEAN, WHEN WE'RE TALKING ABOUT MOWING, LIKE WHAT IS GOING TO BE THE DUTY OF THE CITY? LIKE, WHAT IS THE LENGTH OF TIME IF WE'RE JUST GOING TO USE IT A ONE-TIME, I JUST WANT TO MAKE SURE WE'RE NOT GOING TO OVER-COMMIT TO OUR RESPONSIBILITIES, THE AGREEMENT, OR TERMINATES THE EARLIER OF MAY 31ST, 20, 22, OR IF THE PROPERTY IS CONVEYED TO THE CITY. SO THAT WOULD CARRY YOU JUST THROUGH MAY 31ST, 20, 22, AND IT'S FOR A SPECIFIC PURPOSE. SO THE CITY WOULD ENTER ONTO THAT SITE, JUST FOR SPECIFIC PURPOSE. THE CITY REQUESTED THE ABILITY TO CUT DOWN THE GRASS AND CUT DOWN TREES. IF NEEDED TO PREPARE THE SITE FOR THAT EVENT. SO THAT'S THERE, IT WAS NOT FOR THE CITY TO TAKE ON AN OBLIGATION. IT WAS TO ALLOW THEM TO DO SO. AND THE PROPERTY OWNER WAS AGREEABLE TO THAT. OKAY. THAT'S ALL THE QUESTIONS I HAVE. THANK YOU. SURE. ANYONE ELSE MOTIONS? I WOULD LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 16, PLEASE. ALRIGHT, MOVED BY COUNSELOR FLOORS, KALE SECOND. AND BY MAYOR PRO TEM RIZZO. IS THERE DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. NEXT UP AGENDA [17.   (First Reading) An ordinance of the City of Kyle, Texas, adopting an amendment to the City's 2017 mid-term comprehensive plan by to amend approximately 535 acres of land from 'Farm District' to 'East FM 150 Employment District' and 42 acres of land to the 'Regional Node' for certain parcels located northwest of the intersection of SH-21 and E. FM 150. ~ William Atkinson, Senior Planner   P&Z Commission voted 4-0 to recommend approval to expand the Regional Node (as shown in the comprehensive plan document), and 3-1 to create the E FM 150 Employment district, with an amendment to include scaling of appropriate development adjacent to the church, school and nearby single-family neighborhood.   Public Hearing ] ITEM NUMBER 17, CONSIDERING POSSIBLE ACTION. FIRST READING, UH, AN ORDINANCE OF THE CITY OF CALLED TEXAS ADOPTING AN AMENDMENT TO THE CITY'S 2017 MIDTERM COMPREHENSIVE PLAN, UH, TO AMEND APPROXIMATELY, UH, 535 ACRES OF LAND FROM FARM DISTRICT TO EAST FM, ONE 50 EMPLOYMENT DISTRICT AND 42 ACRES LAND FROM THE REGIONAL NODE FOR CERTAIN PARCELS LOCATED NORTHWEST OF THE INTERSECTION OF HIGHWAY 21 AND ONE 50. THIS ITEM DOES HAVE A PUBLIC HEARING. MR. ATKINSON THANK YOU, MAYOR COUNCIL WILKINSON FOR THE RECORDS TO YOUR POINTER, UH, BEFORE YOU, WE HAVE THE CREATION OF THE EAST F-150 EMPLOYMENT DISTRICT. UM, COUNCIL OR ADMINISTRATION HAD DIRECTED STAFF TO CREATE, UM, AN AMENDMENT TO OUR COMPREHENSIVE PLAN A COUPLE OF MONTHS AGO TO ACCOUNT FOR, UM, THE NEED FOR MORE LIGHT INDUSTRIAL LOGISTICS AND WAREHOUSE. UH, BUT WE DON'T, WE ALREADY KNOW, WE DON'T WANT TO SEE IT ALONG THE CORRIDOR, UH, PER VOTE BACK IN OCTOBER. UH, SO THIS SEEMED TO BE THE NEXT BEST PLACE TO CH TO SET IT. UM, IT DID GO TO P AND Z LAST WEEK. UM, THEY ACTUALLY HAD TWO SEPARATE VOTES. UH, THEY VOTED FOUR TO ZERO TO EXPAND THE REGIONAL NODE SOUTH OF THE INTERSECTION OF F150 AND HIGHWAY 21 IN THE TAN RIGHT THERE ON THE SCREEN. DO YOU ACCOUNT FOR THE HARD CORNER RIGHT THERE? AND THEN, UM, THEY VOTED THREE TO ONE TO, UH, APPROVE OR RECOMMEND APPROVAL OF THE BLUE AREA, WHICH IS APPROXIMATELY 535 ACRES, UH, WITH ONE AMENDMENT, THEY WANTED TO SEE SOME RECOMMENDED, SOME BUFFERING ALONG THE NORTHWEST FLANK OF IT TO HELP BUFFER AGAINST THE, THE EXISTING CHURCH THERE AND THE SCHOOL SITE. UM, AND THEN THE LARGER, SINGLE LOT SUBDIVISION TO THE NORTHWEST. UM, EXACTLY WHAT THAT WOULD LOOK LIKE FROM AN OFFERING STANDPOINT WE DON'T KNOW YET. UM, SO I APOLOGIZE FOR THAT, BUT, UH, WE WANTED TO BRING IT FORWARD TO YOU ALL TO, TO, TO GET Y'ALL'S INPUT AS WELL RELATED TO THAT. UH, BUT FROM A COMPREHENSIVE PLAN STANDPOINT, IT SEEMS TO MAKE SENSE THAT THIS LOCATION IT'S AT THE INTERSECTION OF TWO MAJOR STATE HIGHWAYS, UH, COUNTY LINE SIDE HAS THE WATER. THERE IS NOT A CCN ON THIS SITE AT THIS TIME, UM, AS OF JULY OF 2021 WITH THE PUC AND, UM, THE HIGHWAYS ARE GOING TO BE IMPROVED AND MADE LARGER. AND IT, IT JUST MAKES SENSE. SO WE DON'T HAVE A LOT OF ISSUES WITH THE SITE. THE ONLY AMENDMENT IS WHAT PNC HAD FOR A RECOMMENDATION. SO DO Y'ALL HAVE ANY QUESTIONS FOR ME? WELL, BEFORE WE DO, THERE'S PUBLIC HEARING. SO IF THERE ARE NO OBJECTIONS, I'M GOING TO GO AHEAD AND OPEN UP. THE PUBLIC HEARING PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE PUBLIC HEARING IS NOW CLOSED, UH, CUSTOMER ALISON, OR WAS IT MY PROTON MAY APPROACH? YEAH, I GUESS MY FIRST QUESTION IS TO PAGE PAGE, UH, I'VE CUT A FAMILY MEMBER THAT OWNS A 47 ACRES ON THAT CORNER. THAT'S, WE'RE GETTING READY TO PUT ON THE COMPREHENSIVE PLAN, THE AMENDMENT WOULD THAT DISQUALIFY ME FROM THIS CONVERSATION? IT'S A FIRST COUSIN, [01:05:06] IS YOUR PROPERTY, IS YOUR PROPERTY IMPACTED MORE PARTICULARLY THAN THE ENTIRE, UM, YOU KNOW, IT'S NOT MY PROPERTY, BUT AS A FAMILY MEMBER. YEAH. SO HIS PROPERTY, IT'S 47 ACRES OF THAT. SO IT ACTUALLY IS ENCOMPASSING THE ENTIRE PROPERTY. SO, I MEAN, SO THE 47 ACRES IS WITHIN THIS 535 ACRES. THAT'S PART OF THIS SPECIFIC IN PARTICULAR AMENDMENT HERE. CORRECT. OKAY. UM, IT WOULD BE A GOOD IDEA. I'M NOT SURE WHAT THE DEGREE OF RELATIONSHIP IS, BUT W YOU KNOW, IT'D BE A GOOD IDEA TO GO AHEAD AND RECUSE YOURSELF FROM THIS ITEM TO ANNOUNCE THAT IN JENNIFER HAS FORMS YOU CAN FILL OUT AT THIS TIME. UM, ANY OTHER QUESTIONS, COMMENTS, THANK YOU. UM, FIRST I WANT TO ASK WHAT THE STATUS OF OUR PLANNING DIRECTOR IS. I WILL SHARE THAT LATER EXECUTIVE SESSION. OKAY. THANK YOU. WHAT, AND FOR ME, RIGHT NOW, IT KINDA MATTERS. UM, BECAUSE WHEN I THINK COMP PLAN, I THINK RESIDENT INPUT. SO MY QUESTION IS WHO WENT OUT AND SPOKE TO THE RESIDENTS WHEN IT CAME TO THIS COMPREHENSIVE PLAN AMENDMENT. UM, IT WAS A CON, IT WAS CONSIDERED A MINOR AMENDMENT. IT DOES HAVE A LOT OF ACREAGE IN IT THEY'LL GET ME WRONG, BUT FROM A SCALE IN TERMS OF THE ENTIRE CITY, IT IS A MINOR AMENDMENT TO IT. SO WE DID PUT PUBLIC NOTICE IN THE NEWSPAPER. WE PUT IT ONLINE, UM, AS PER STATE LAW. UM, BUT WE DID NOT NOTIFY THE RESIDENTS OF THE SITE DETECTED. SO NOTIFICATION FOR LEGAL REASONS IS NOT REALLY WHAT I'M LOOKING FOR. I'M LOOKING MORE FOR LIKE INPUT BECAUSE, UM, FOR ME, THE COMPREHENSIVE PLAN IS A BIG DEAL, MOSTLY BECAUSE THAT'S THE TIME WHEN WE RECEIVE OUR RESIDENT INPUT. UM, AND SO MY QUESTION IS WHAT HAPPENS IF THE F THE FUTURE COMP PLAN, WHICH WE PLAN ON DOING WITHIN THE NEXT, YOU KNOW, HOPEFULLY YEAR, YEAR AND A HALF, WHAT DID THAT CONFLICT WITH THIS AMENDMENT IN RE IN REGARDS TO THE FUTURE CITYWIDE COMPREHENSIVE PLAN? UM, WE'LL GO THROUGH THE WHOLE PROCESS. WE WILL SELECT A VENDOR TO HELP US WITH IT. UM, AND AS PART OF THAT PROCESS, THERE WILL BE LOTS AND LOTS OF PUBLIC MEETINGS WE'LL SEND OUT NOTICES LEFT, AND RIGHT. WE'LL MAKE SURE PEOPLE ARE INVITED TO IT AS MUCH AS WE POSSIBLY CAN TO GET THEIR RESIDENTIAL INPUT, BECAUSE WHEN IT IMPACTS THE ENTIRE CITY, WE ABSOLUTELY, WITHOUT QUESTION NEED TO HAVE AS MANY PEOPLE INVOLVED. THIS IMPACTS A PRETTY GOOD PART OF MY DISTRICT. AND SO THAT'S IMPORTANT TO ME. I JUST FEEL LIKE I HAVE TO WAIT FOR A DIRECTOR. UM, BUT STAFF CONTINUOUSLY PRESENTS US WITH, WITH, UH, CHANGES. AND IT MAKES IT HARD FOR ME BECAUSE I FEEL LIKE SOMETIMES WE'RE JUST PUTTING A MAP ON THE WALL AND THROWING AND HOPING THAT THIS IS WHAT THE RESIDENTS WANT IN THE FUTURE. AND I KNOW YOU'RE DOING YOUR JOB AND I'M DOING MINE. SO IT KIND OF MAKES IT DIFFICULT. SO, UM, AS FAR AS AN AMENDMENT TO THE COMP PLAN, I JUST DON'T FEEL LIKE NOW IS THE RIGHT TIME WHEN WE'RE SO CLOSE TO GETTING A NEW ONE. UM, AND, AND FOR US TO SAY, THIS IS A GOOD IDEA, WITHOUT EVEN SPEAKING TO THE RESIDENTS, IT'S KIND OF DISHEARTENING. SO, UM, THERE'S, THERE'S NO WAY I CAN WITH A, UM, WITH A GOOD HEART MOVE FORWARD WITH ANY KIND OF MAJOR. AND I KNOW YOU DON'T THINK THIS IS MAJOR AND I GET IT. UM, BUT THIS IS IN MY DISTRICT AND, UM, IT'LL MAKE A DIFFERENCE TO US IN THAT AREA. SO IT'S IMPORTANT FOR ME TO KNOW WHAT IT IS, THOSE THOSE RESIDENTS WANT IT TO LOOK LIKE. UH, SO W WE HAVE A PROSPECT THAT IS DRIVING THIS COMPREHENSIVE PLAN CHANGE, CORRECT AMENDMENT. I AM NOT AWARE OF ONE. I DON'T KNOW IF THEY'RE ON THE CORNER. I DON'T KNOW ABOUT THE WHOLE THING, BUT THE, AT LEAST THE, THE EMPLOYMENT DISTRICT OR THE YELLOW. OH, SO, EXCUSE ME. I THOUGHT YOU MEANT FROM THE LIGHT INDUSTRIAL STANDPOINT OR THE BLUE PART ON THE, ON THE REGIONAL NODE PERSPECTIVE, UM, TO THE SOUTH, THERE'S A, THERE'S AN APPLICANT WHO'S BEEN WAITING FOR A LITTLE BIT, ACTUALLY QUITE, ALMOST A YEAR FOR US TO GET AN AMENDMENT IN PLACE BECAUSE THEY HAVE A PARCEL, UM, SOUTH OF THE INTERSECTION THAT THEY WANT TO, TO REZONE AND THE REGIONAL NODE CREATE, UH, EXTENDING IT TO THE SOUTH, AS IT'S SHOWN ON THE SCREEN WOULD HELP THEM MOVE FORWARD IN THAT PERSPECTIVE. SO WITHOUT THIS AMENDMENT, WOULD WE BE ALLOWED TO GRANT RETAIL SERVICES, ZONING TO POTENTIAL [01:10:02] NO SUSPECTS THAT THE ANSWER IS? NO. OKAY. SO, UH, I'VE HEARD A LOT FROM THE RESIDENTS ABOUT DESIRING A GROCER, UH, IN EAST KYLE, UH, IN PARTICULAR, THOSE WHO LIVE DOWN THERE. SO, UH, I DON'T, I FEEL LIKE I HAVE A PRETTY GOOD IDEA THAT THEY WOULDN'T WANT TO WAIT A YEAR OR YEAR AND A HALF TO GET THAT. UM, BECAUSE IF THEY'RE NOT ALLOWED TO GET THEIR ZONING, THEY CAN'T COME. AND SO THAT'S, THAT'S THE REASON I WOULD SUPPORT IT, BUT I OBVIOUSLY I DO ALSO SUPPORT THE COMPREHENSIVE PLAN, BUT AMENDMENTS ARE A NECESSARY PART. AND WE'RE FOLLOWING THE PROCESS FOR AMENDING THE COMPREHENSIVE PLAN. WE DID IT JUST NOT TOO MANY MONTHS AGO, VERY SIMILAR CIRCUMSTANCE. SO, UM, AND IN ORDER TO BE CLEAR, AND SO THAT, THAT PAPERWORK DOESN'T GET IN THE WAY OF WHAT WE'RE TRYING TO ACCOMPLISH HERE. SO THAT'S, THOSE ARE MY THOUGHTS. CAUSE FOR TOBY'S YES. OKAY. SO WHAT WE'RE SAYING IS THAT BY PROVING THIS WORK, WE'RE NOT GOING TO BE ABLE TO GET ANY KIND OF RETAIL ZONING IN THAT AREA IN, IN THAT SECTION. NO, WE, WE WANT TO APPROVE THAT. WELL, STAFF IS RECOMMENDING AN APPROVAL THERE, SO YOU CAN HAVE RETAIL SERVICES ZONING RIGHT NOW, WHAT IT SHOWS IS AT MOST WHAT'S CALLED NEIGHBORHOOD COMMERCIAL, WHICH IS NO MORE THAN ONE ACRE, SMALL SCALE CONVENIENCE SHOP. UM, AND THAT'S THE WAY, THE WAY THE COMP PLAN CURRENTLY SHOWS. UM, FOR THE MOST PART OF THAT, CAN I KIND OF ECHO WHAT COUNCIL HELL'S MEMBER FLOORS IS SAYING? THAT THERE'S A LOT OF PEOPLE OUT THERE THAT ARE DESPERATELY NEEDING IT'S A FOOD DESERT OUT THERE, AND THERE IS NOTHING OUT THERE FOR THE PEOPLE IN, UM, THE HIGH METALS AREA OVER THERE, INCLUDING WATER LEAF THAT HAS ANY KIND OF RETAIL, LARGE, UH, GROCERY, UH, OTHER SERVICES THAT ARE AVAILABLE. THEY ACTUALLY HAVE TO DRIVE INTO TOWN, WHICH COULD TAKE AN ADDITIONAL 30, 45 MINUTES JUST TO GET TO 35. UM, SO WHEN, WHEN WE'RE APPROVING SOMETHING LIKE THIS AND, OR MAKING THESE AMENDMENTS, IT BASICALLY STATES HERE, UM, THAT YOU'RE, WE'RE TRYING TO GET THIS APPROVED FOR LIGHT, UH, WAREHOUSE USED AND WAREHOUSING LOGISTICS. CAN YOU IDENTIFY WHAT LIGHT MANUFACTURING USERS YOU'D REALLY LIKE AN EXAMPLE OF A BUSINESS OR A COMPANY THAT COULD BENEFIT THE RESIDENTS OUT IN THAT AREA? OH, THAT'S AN EXPENSIVE QUESTION. UM, AN EASIER QUESTION TO ANSWER, IF YOU DON'T MIND, WOULD IT BE THE WAREHOUSING SIDE OF IT, UH, WAREHOUSING, FOR EXAMPLE, LIKE AMAZON OR UPS OR FEDEX, THAT KIND OF STUFF, LOGISTICS, THAT STUFF ISN'T, THOSE TYPES OF USES ARE ENCOMPASSED IN THE, IN THE WAREHOUSE SLASH I CONSTRUCTION MANUFACTURING, ZONING, THE CONSTRUCTION MANUFACTURING, ZONING DISTRICT ARE THOSE USES THAT, UM, ALLOW FOR LIGHT MANUFACTURING, MAYBE EVEN MEDIUM MANUFACTURING, BUT NOT USES THAT ARE HEAVY, HEAVY, HEAVY IN, UH, MANUFACTURING. UH, FOR EXAMPLE, LIKE, UM, GOODNESS, LIKE, UH, PROBABLY AN IN AN AUTOMOBILE MANUFACTURERS, PROBABLY A HEAVY MANUFACTURER, UM, COMPUTER CHIPS, THAT'S MORE LIGHT MANUFACTURING. UM, I'M TRYING TO THINK SOME OF OUR OTHER EXAMPLES THAT WE HAVE, UH, IN THE, UP, UP IN THE NORTH SIDE OF TOWN, UM, IT CAN BE, UH, CHEMICAL PRODUCTION TO SOME EXTENT AS WELL. IT CAN BE A MINOR FOOD TYPE, UM, TYPE MANUFACTURERS, LIKE, UH, FOR EXAMPLE, LIKE, UM, LIKE PACKETS OF, OF CONDIMENTS AND WHAT HAVE YOU. UM, IT, THEY JUST CAN'T BE USES THAT ARE SO INTENSIVE, THAT IT CAUSES A LOT OF POLLUTION IF YOU WILL. SO, OKAY. AND IN BASICALLY IT'D BE JUST A BUNCH OF WAREHOUSING FACILITY, LIKE A DISTRIBUTION CENTERS FOR JUST DROP OFFS AND UNLOADING AND LOADING IN THAT SENSE INTO WHERE YOU HAVE LARGER VEHICLES GOING UP AND DOWN ONE 50 AND ON 21, UM, YOU'RE GOING TO HAVE THOSE LARGER, THE INTENT IS TO HAVE THOSE LARGER SCALE WAREHOUSES WHERE THEY CAN, THEY CAN EITHER DO LOGISTICS OR THEY CAN ALSO DO LIGHT MANUFACTURING. WE, I THINK FROM A, WELL, FROM MY PERSPECTIVE, IF WE'RE GOING TO BE PUSHING THIS, I THINK IT'S FROM A EMPLOYMENT STANDPOINT, IT'S NICER TO HAVE LIGHT INDUSTRIAL USES MANUFACTURERS, UM, THE LOGISTICS, UM, SOMETIMES THEY PAY MORE, UM, AND THEY HAVE HIGHER END, UM, POSITIONS AND STUFF LIKE THAT TOO. SO THANK YOU. YEAH, I WOULD, UH, I WOULD ACTUALLY EVEN ADD THAT IN MY MIND AND EMPLOYMENT DISTRICT MIGHT BE A BETTER USE OR LIGHT INDUSTRIAL MIGHT BE A BETTER USE BEING CLOSE TO 21, THEN RESIDENTIAL. SO, UH, YOU PUT RESIDENTIAL THEIR VEHICLE TRIPS PER DAY, OR CONSIDERABLY HIGHER THAN TYPICAL COMMERCIAL USES. AND SO, UM, YOU KNOW, THERE, THERE'S A POSSIBILITY [01:15:01] OF TRUCKS THERE, I SUPPOSE, BUT, UH, SCOTT, CAN YOU SPEAK TO THE, UH, REQUEST FOR THE, UM, LIGHT INDUSTRIAL OR WHERE THAT'S COMING FROM? DO YOU, DO YOU KNOW WHERE THAT'S COMING FROM? OKAY, WELL, YEAH, I CAN, I CAN SHARE IN GENERAL OR YEAH, THERE, THERE ARE A VARIETY OF REASONS THAT EAST KYLE, ESPECIALLY CLOSE TO 21 MAKES SENSE FOR INDUSTRIAL OR LIGHT INDUSTRIAL. UH, THE PROXIMITY TO STATE HIGHWAY ONE 30 IS, IS KEY. UH, THE PROXIMITY TO THE SAN MARCUS AIRPORT, UH, HAS ALSO BEEN POINTED OUT AS A VERY CLOSE PROXIMITY FOR USERS THAT THAT COULD USE FREIGHT OUT OF THAT AIRPORT. UH, IT'S ALSO USING HEAVIER TRUCKS IN THAT AREA. UH, WE HAVE THE ABILITY TO PUT DEMONSTRATE ON TO 21 AND THEN DIRECTLY OUT TOWARD MUSTANG RIDGE OR, UH, YOU KNOW, 2 81 OR OTHER OTHER ROADWAYS, RATHER THAN SHIFTING THEM BACK WEST THROUGH A MORE POPULATED AREA ON 1 52 . SO, UH, WITH THIS AREA, IF IT WERE TO BECOME LIGHT INDUSTRIAL, THE CITY WOULD LOOK AT RESTRICTING HEAVY TRUCK TRAFFIC ON ONE 50 AND DIRECTING, UH, THOSE TRUCKS TO UTILIZE 21 EXCLUSIVELY. SO ON, ON THE LIGHT INDUSTRIALS, UH, OR I'M SORRY THOUGH, YOU SAID EAST FM ONE 50 EMPLOYMENT DISTRICT. WHAT, WHAT, UH, ARE THERE ANY RESIDENTIAL USES THAT ARE GOING TO BE, UH, THAT ARE ALLOWED OR CONDITIONAL OR RECOMMENDED IN THAT NOT IN THE 535 ACRES THAT'S FOCUSING ON WAREHOUSE OR, OR LIGHT MANUFACTURING? UM, I THREW IN CONDITIONALLY, UH, OFFICE INSTITUTIONAL, WHICH IS OUR OFFICE ZONING AND RETAIL SERVICES BECAUSE THERE MIGHT BE IT AND THE OCCASION WHERE IT'S APPROPRIATE TO HAVE A PAD SITE OUT FRONT ON THE REGIONAL NOTE ITSELF, THOUGH, THE WAY IT CURRENTLY IS WRITTEN. IT TALKS ABOUT HAVING, UM, ALLOWANCES FOR MULTIFAMILY VERTICAL MIXED USE AS WELL. UM, BUT FROM A RESIDENTIAL STANDPOINT AND ONLY BEING THE TAN AREA, IF THERE IS ANY RESIDENTIAL, RIGHT. IT'S JUST REGIONAL KNOWN TO. YEAH. I KNEW THAT WHEN I JUST, THE BIG BLUE ONE UP, YOU KNOW, IF WE PASS THIS, THEN NO ONE COULD EVEN REQUEST RESIDENTIAL. CORRECT. YEAH. UM, UNLESS YOU ALL WENT WITH THE RECOMMENDATION THAT P AND Z DECIDED TO, OR ASKED FOR TO, UM, TO CREATE AN AMENDMENT TO SEE IF Y'ALL WOULD BE OKAY WITH SOME SORT OF BUFFERING. OH, SO YOU MEAN BUFFERING AS IN RESIDENTIAL BUFFERING, I THOUGHT YOU MEANT SOME KIND OF LIKE A SETBACK OR SOMETHING LIKE THAT. GOT IT. UM, WE DO TO CHANGE OUR ZONING CODE RELATED TO THAT. UM, BUT FROM A USE PERSPECTIVE, UM, MAYBE IT'S, UH, AN I UNDERSTAND MULTI-FAMILIES AND THAT IT'S NOT SOMETHING WE GET EXCITED ABOUT, LIKE A HUNDRED PERCENT MULTI-FAMILY, BUT MAYBE MULTI-FAMILY BETWEEN THE COMMERCIAL OF THE LIGHT INDUSTRIAL AND THE SCHOOL, MAYBE BETTER THAN JUST THEM FLAT UP AGAINST EACH OTHER. UM, OR SOME IT'S IT'S A LESS INTENSIVE USE WHEN IT COMES TO ASSOCIATED LAND USES. UM, SO JUST KIND OF DEPENDS IF THAT'S SOMETHING YOU ALL ARE WANTING TO DO OR NOT. OKAY. THAT'S WHERE FLUOROSCOPE, THANK YOU. SO AS A COUNCIL MEMBER, TOBY'S WAS TALKING ABOUT, WE ARE KIND OF A FOOD DESERT OUT THERE. I KNOW WE'RE GOING TO GET A MARKET AND A GAS STATION ACTUALLY RIGHT ON THE CORNER OF 21 AND ONE 50. BUT, UM, I THINK WHAT WE NEED OUT THERE, I THINK BEST USE IS NOT NECESSARILY GOING TO BE WAREHOUSE SINCE PEOPLE THAT LIVE ON THE SIDE HAVE TO GO ALL THE WAY TO AGB. AND IT TURNS OUT SOMETIMES TO BE A 30 MINUTE DRIVE. SO ALTHOUGH I DO NOT WANT TO SEE RESIDENTIAL OUT THERE, UM, CAUSE THE TRAFFIC COULD, COULD NOT SUSTAIN. UM, I DON'T WANT TO SEE LIGHT INDUSTRIAL EITHER. I, FOR ME, I WOULD LOVE TO SEE SOME KIND OF RETAIL AS FAR AS GROCERIES OR, UM, PRODUCTS THAT ARE, YOU KNOW, YOU CAN GET AT WALMART OR THAT'S, THAT'S WHAT I WOULD BE, OR MAYBE A RESTAURANT BECAUSE ALL WE HAVE ON THAT SIDE IS SONIC. AND SO IT WOULD BE NICE TO HAVE SOMETHING WHERE WE CAN GO SIT DOWN AND NOT HAVE TO DRIVE. YOU KNOW, I KNOW PEOPLE THAT COME OFF OF THE AFTER 21 GO ONE 50, ESPECIALLY DURING SCHOOL TIME, THAT TAKES 45 MINUTES TO DRIVE MAYBE TWO OR THREE MILES. SO I DON'T KNOW. AND I KNOW MR. SELLERS SAID THAT WE WOULD TRY TO, HE WOULD, YOU KNOW, D HER TRAFFIC, BUT I DON'T KNOW, FOR SOME REASON PEOPLE DON'T NECESSARILY LISTEN INTO THE LAWS. AND SO MY FEAR IS THAT WOULD CAUSE MORE SEMIS TO GO DOWN THERE AND THEN ALREADY GO DOWN THERE. OH, I HEAR YOU. IF I MAY RESPOND TO THAT. UM, THE AREA IN TAN, AT LEAST ON THE SOUTH SIDE OF THE INTERSECTION IS APPROXIMATELY 42 ACRES. SO THERE'S A, THERE'S A LOT OF LAND IN THERE. UH, THAT THE SENSE OF SCALE IS PROBABLY A LITTLE BIT MISLEADING FROM THE MAP. UM, BUT, UH, THERE, THERE'S A LOT OF POTENTIAL AREA IN THERE FOR MORE RETAIL AND FOR MORE STORES AND ASSOCIATED PAD SITES AS WELL. SO [01:20:07] ANY OTHER QUESTIONS, COMMENTS THERE? I LIKE TO MENTION, MAKE A MOTION TO NOT APPROVE A AGENDA ITEM NUMBER 17 SECOND. ALL RIGHT. IT'S MOVED BY CUSTOMER. TOBY IS SECONDED BY CUSTOMER FLOORS, KALE, UH, THAT WE DENY THE, UH, AMENDMENT TO THE COMPREHENSIVE PLAN. IS THERE DISCUSSION ON THAT MOTION? UH, IT'S IT'S, IT'S GOING TO KILL A GROCER RIGHT. MEAT MARKET OR WHATEVER YOU WANT TO CALL IT. THEY'RE NOT THERE. THEY WILL NOT BE ALLOWED. I THOUGHT WE JUST DID AN ANNEXATION AS WELL, UH, FOR THEM TO, TO COME IN. AND SO COMP PLANS, THE WEIRDEST PLACE TO KILL IT IS TO KILL PROSPECT OR A COMP PLAN AMENDMENT BECAUSE IT'S NOT ZONING. YOU KNOW, I'M JUST SAYING, UH, BUT I, I WOULD, IF YOU NEED TO GO INTO EXECUTIVE SESSION TO CONFIRM THAT THAT IS THE CASE, THEN THAT'S FINE. I JUST, AND IF I'M, IF I'M MISTAKEN, IF THAT'S NOT THE CASE, THEN, UH, YOU KNOW, TWO GAS STATIONS OUT THERE, AND THEN THERE WAS A CAR WASH THAT WAS SUPPOSED TO GO OUT THERE AS WELL AS THE MEAT MARKET. I THINK THE QUESTION IS, IS RETAIL OR IS BY APPROVING THIS IS, ARE WE SHOOTING DOWN THE, THE, THE OPPORTUNITY FOR RETAIL SERVICES TO BE OUT THERE AS FAR AS GROCERY STORES GOING FORWARD? BECAUSE OF WHAT I'M UNDERSTANDING IS THAT IF WE DON'T APPROVE THIS, IT WOULD ALL JUST BE WAREHOUSE OVER 550 ACRES, UH, JUST, UM, WAREHOUSE SPACE AND DISTRIBUTION. THE WAY THAT, THE WAY THE COMPREHENSIVE PLAN WORKS IS IF, IF, IF, IF IT'S NOT A LIKE IN THE REGION, IF IT'S NOT A REGIONAL NODE, UH, UH, OR IF RETAIL SERVICES IS NOT RECOMMENDED OR CONDITIONAL, IF IT'S JUST NOT RECOMMENDED AT ALL, THEN THEY CA A PROSPECT CANNOT APPLY FOR RETAIL SERVICES. SO RE REGIONAL NODE IS THE BEST ZONING, UH, IS THE BEST COMPREHENSIVE PLAN LAND USE DISTRICT TO ENCOMPASS RETAIL SERVICES. IT'S LIKE THE NUMBER ONE, YOU KNOW, REGIONAL NODES, SUPER REGIONAL NODES. THAT'S WHAT IT IS. IT'S, IT'S DESIGNATING AND SAYING, WE WANT RETAIL SERVICES HERE. THERE ARE A LOT OF USES, INCLUDING MULTI-FAMILY. IT DOESN'T MEAN IT'S APPROPRIATE FOR THAT AREA. I DON'T THINK THIS COUNCIL WOULD PROBABLY CONSIDER THAT, BUT WE WOULD CONSIDER RETAIL SERVICES. WE CAN NOT, IF WE DO NOT AMEND OUR COMPREHENSIVE PLAN, THEY CAN'T EVEN APPLY FOR ALL THE THINGS THAT ARE BEING PROPOSED. SO IT'S ALL GONE. ALL THE RETAIL THAT'S CURRENTLY RIGHT NOW, AS FAR AS I KNOW, ONLY RETAIL SERVICES IS COMING FORWARD. AND SO IF WE DENY THE AMENDMENT, WE'RE DENYING THE RETAIL SERVICES, SO PLEASE TELL ME I'M WRONG. THAT'S THAT'S YEAH, YOU'RE CORRECT. UM, I WOULD LIKE TO CLARIFY, AND I APOLOGIZE, UM, THE AREA NORTH OF THE INTERSECTION, THE LITTLE RECTANGULAR TAN PART, THAT PART IS ALREADY REGIONAL NODE. SO I APOLOGIZE FOR ANY CONFUSION THAT IF I MISSTATED OR LED YOU ALONG, THAT WAS NOT MY INTENT, THE AREA TO THE SOUTH OF FM ONE-FIFTY AND WEST OF HIGHWAY 21 IS THE REGIONAL NODE THAT WE ARE EXPANDING. SO IF THERE'S GOING TO BE A GROCER AT THE NORTH CORNER OF ONE 50 AND ONE AND 21, THAT PART IS ALREADY THERE, WE'RE EXPANDING THE STUFF TO THE SOUTH. SO WE'RE GOING TO CALL AND PUT ENCOMPASS A ZONING REQUEST. THAT'S BEEN IN LIMBO FOR APPROXIMATELY A YEAR TO ADD MORE RETAIL, BUT ALSO WITH THIS AMENDMENT, WE'VE ADDED THE BLUE PART, WHICH IS THE 535 ACRES. DOES THAT MAKE SENSE? IF YOU'RE WILLING? I WOULD, I WOULD RECOMMEND THAT WE APPROVE THE REGIONAL NOTE EXPANSION, BECAUSE I THINK IT'S EVERYTHING THAT YOU WANT AT THE MAJOR INTERSECTION. AND THEN IF YOU WANT TO WAIT FOR A COMPREHENSIVE PLAN, UH, TO, TO HAVE AN EMPLOYEE IN A, AN EMPLOYMENT DISTRICT OR MORE DISCUSSION ABOUT THAT, YOU KNOW, WE CAN DO THAT. THERE'S I THINK EVERYBODY WANTS A REGIONAL NOTE AT THE INTERSECTION OF, BUT WHAT YOU'RE TELLING US RIGHT NOW WILL IS THAT THE GROCERY STORE THAT'S ALREADY PLAYING AND THE GAS STATION IN THE CAR WASH, IT'S ALREADY, THAT'S GOOD TO GO FROM A COMPREHENSIVE PLAN PERSPECTIVE. NOW THEY HAVE TO GO THROUGH ANNEXATIONS, SUBDIVISION, ZONING, BUT THAT WILL GO WITH THAT. AND THIS CAN CHANGE WHEN WE DO OUR COMPREHENSIVE PLAN. CORRECT? SO LIKE, IF, IF WHAT WE'RE SAYING RIGHT NOW IS LIKE, NO, WE DON'T WANT THIS, BUT THEN WE MAKE THE COMPREHENSIVE PLAN AND IT SAYS, NO, THE RESIDENTS DO WANT THIS. THEN WE CAN MOVE FORWARD IN A DIFFERENT WAY. THIS IS JUST AN AMENDMENT. SO WHEN WE CREATE OUR OTHER COMPREHENSIVE PLAN AND IT, FOR WHATEVER REASON, IT AGREES WITH YOU, THEN IN A YEAR AND A HALF OR TWO YEARS, WHENEVER IT'S COMPLETED THE SOONER, THE BETTER, THEN, THEN WE'LL BE ABLE TO DO IT AT THAT TIME. THIS ISN'T PERMANENT FOREVER. THAT IS CORRECT. IN THE COMPREHENSIVE PLAN PERSPECTIVE, YOU CAN ALWAYS AMEND IT AS YOU SEE FIT AS CITY COUNCIL. UM, I WOULD BE CAREFUL IN TERMS OF, FROM TIMING, BECAUSE RIGHT NOW THE MARKET [01:25:01] IS, IS REALLY, REALLY PUSHING FOR WAREHOUSING AND, AND LIGHT MANUFACTURING. AND WHAT HAVE YOU, AND YOU'LL BE ABLE TO CAPTURE THOSE EMPLOYERS. IT'S GOOD TO HAVE A PLAN IN PLACE AND READY TO GO SO WE CAN JUMP ON IT AND THEN START GOING THROUGH THE SUBSEQUENT STEPS WHENEVER, UM, APPLICANTS COME DOWN THE ROAD, WHENEVER THEY REACH OUT TO STAFF AND SAY, HEY, WE'RE LOOKING FOR ACREAGE. SO WE CAN SAY, HEY, WAIT A MINUTE. OUR COMP PLAN. SO WE CAN GO FROM THERE SO WE CAN GIVE THEM A ALMOST, I GUESS I UNDERSTAND THAT. I JUST DON'T KNOW IF MY RESIDENTS WANT A WAREHOUSE OVER THERE. AND SO, UM, THAT'S, I I'M STICKING WITH MY SECOND. OKAY. ANY DISCUSSION ON THAT MOTION? AND YOU'RE IN COUNCIL, APRIL LEWIS FOR THE RECORD. UM, I WOULD JUST SAY THAT THE P AND Z DID TAKE UP BOTH ITEMS SEPARATELY. AND SO IF YOU WANTED TO MIRROR HOW THEY TOOK UP THE AGENDA ITEMS, UM, SO THAT WAY YOU WON'T STOP ANY PROGRESS WILL, UH, AM I CORRECT THAT WE HAVE AN APPLICATION FOR ZONING FOR THE REGIONAL? SO THERE'S AN APPLICATION OUT THERE THAT DOESN'T MATCH OUR COMPREHENSIVE PLAN. AND SO IN ORDER TO ZONE THEM, WE HAVE TO TIE THAT BACK, ACCORDING TO STATE STATUTE TO THE COMPREHENSIVE PLAN. AND SO THAT'S WHY WE'RE ASKING, WE WANT TO MATCH OUR COMPREHENSIVE PLAN TO THE REQUEST THAT'S OUT THERE. SO WE DON'T LOSE THAT PROSPECT. I APPRECIATE THAT. I WANT TO MATCH MY COMPREHENSIVE PLAN TO WHAT MY RESIDENTS WANT, AND I'M GOING TO STICK TO THAT. AND I APOLOGIZE IF IT'S NOT WHAT YOU GUYS WANT TO HEAR, BUT, UM, WE'VE MADE A MOTION. WE'VE MADE A SECOND. AND I WANT TO CALL THE QUESTION PLEASE. ALL RIGHT. IT'S BEEN, UH, UH, THE QUESTION HAS BEEN CALLED TO NON DEBATABLE MOTION. A ROLL CALL VOTE WILL BE ENSUED AND THAT'S WHETHER OR NOT WE ARE GOING TO CEASE DEBATE. SO YOUR VOTE IS ON WHETHER OR NOT TO CEASE DEBATE, ROLL CALL VOTE. THIS IS NOT A VOTE ON THE ITEM ITSELF. HI, PARSLEY FLORES. KALE. YES. BRADSHAW RIZZO. MITCHELL MAY ALISON. OKAY. ALL RIGHT. A QUESTION HAS BEEN CALLED A ROLL CALL, VOTE ON THE MOTION TO DENY BRADSHAW TO CLARIFY. AND NATE, UH, UH, A YES. VOTE IS A VOTE TO DENY AN A NO VOTE IS, UH, UM, OPPOSES THE DINNER. UM, RIZZO IS ABSENT, UH, MITCHELL, TOBY. HI, ELLISON FLORES. KALE. YES. PARSLEY. HI. ALRIGHT. UM, MOTION FAILS THREE TO THREE. UH, I'D LIKE TO TAKE THEM UP SEPARATELY IF WE CAN, UH, FOR MYSELF, UNLESS THERE'S DESIRE TO GET US OUT OF STALEMATE HERE. CAUSE WE MAY FIND OURSELVES IN STALEMATE NO MATTER WHICH WAY WE GO. SO, UH, I'D LIKE TO TAKE THEM SEPARATELY AND MAKE A MOTION TO APPROVE THE REGIONAL NODE SECTION OF THIS COMPREHENSIVE PLAN AMENDMENT SECOND, MOVE BY THE MAYOR, SECONDED BY COUNCIL MEMBER ELLISON. IS THERE DISCUSSION ON THAT MOTION? YEAH, I, THIS WAS MY LINE OF THINKING AND, UM, I APPRECIATED, UH, PNCS, UH, LEADERSHIP ON HOW THEY DIVIDED THIS VOTE AS WELL. I, UM, I'VE BEEN TALKING ABOUT THE COMPREHENSIVE PLAN AS LONG AS ANY OF YOU ALL. UH, SO, YOU KNOW, ON, ON, UH, IMPORTANT, UH, THAT IS TO ME AND THE RESIDENT INPUT SO I CAN WAIT ON THE REST OF IT. BUT I THINK A REGIONAL NOTE IS A, UH, EVERYTHING THAT I'VE LEARNED ABOUT, UH, PLANNING AND THE USE OF NODES, THAT, THAT INTERSECTION IS A MAJOR PART OF WHAT THOSE, UH, THAT TOOL IS CREATED FOR. SO, UH, I WOULD BE IN FAVOR OF CREATING A REGIONAL NODE AND I CAN CERTAINLY UNDERSTAND THE CONCERNS THAT MY COLLEAGUES WITH THE REST OF THE AREA AND I'M AMENABLE TO WAITING ON THE REST OF IT. ANY OTHER DISCUSSION ROLL CALL VOTE. SO CAN YOU AGAIN, STATE WHAT IT IS THAT YOU'RE YOU, YOU WANT TO SEPARATE IT LIKE PANSY? YEAH, I JUST, I, I WOULD TAKE THIS REGIONAL NOTES, SO I'M NOT MAKING ANY, IT DIDN'T MAKE A MOTION ON THE EMPLOYMENT DISTRICT, JUST THE REGIONAL NOTE TO ALLOW THE APPLICANT TO BRING FORWARD RETAIL SERVICES ZONING AT THAT INTERSECTION, WHICH I THINK IS VERY APPROPRIATE, BUT THE, UH, EMPLOYMENT DISTRICT, WE CAN VOTE ON THAT. UH, WE CAN TABLE THAT SEPARATELY. UH, WE CAN ALSO GO INTO EXECUTIVE SESSION ON THAT ONE IF YOU'D LIKE, SO REAL CALL THAT FLORES, KALE PARSLEY, [01:30:01] RIZZO MITCHELL. HI, ALISON TIBIAS BRADSHAW. HI. ALL RIGHT. MOTION FAILS. THREE TO THREE. SO WE'RE DOES ANYBODY HAVE ANY OTHER MOTIONS? THEY WANT TO MAKE SURE ALL RIGHT. NEXT STEP AGENDA [18.   (Second Reading) An ordinance of the City of Kyle, Texas annexing 102.1599 acres of land, more or less, located at the north corner of SH-21 & E FM 150, Hays County, including the abutting streets, roadways, and rights-of-way into the corporate limits of the City of Kyle. (FM Rd 812, LLC - ANNX-21-0013) ~ Will Atkinson, Senior Planner    City Council voted 7-0 to approve on first reading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   [Postponed 1/4/2022] (First Reading) An ordinance of the City of Kyle, Texas, annexing 201.377 acres of lane, more or less located at 1899 Six Creeks Blvd., Hays County, including the abutting streets, roadways, and rights-of-way into the corporate limits of the City of Kyle. (Blanco River Ranch Properties, LP - ANNX-21-0014) ~ Will Atkinson, Senior Planner   Public Hearing (left open on 1/4/2022) ] AGENDA ITEM NUMBER 19. FIRST READING AN ORDINANCE OF THE CITY OF KYLE TEXAS, AND X-ING 201.37, SEVEN ACRES OF LAND, MORE OR LESS LOCATED AT 18 99, 6 CREEKS BOULEVARD. UH, THIS ITEM, THE, UH, PUBLIC HEARING WAS LEFT OUT OPEN. UM, UH, SO I'M GONNA, IF THERE ARE NO OBJECTIONS, I'M GOING TO ASK FOR ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM TO PLEASE DO SO SEEING NONE. I BELIEVE THE RECOMMENDATION IS TO LEAVE THE PUBLIC HEARING OPEN AND POSTPONE. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO POSTPONE UNTIL FEBRUARY 15TH, SECOND, WHO BY THE MAYOR SECONDED BY COUNCILLOR FLOOR SCALE, SIR. DISCUSSION ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SIX TO ZERO. NEXT UP AGENDA [20.   A Resolution of the City of Kyle, Texas accepting the petition for annexation of 176.023 acres of land, more or less, located at 5260 Hillside Terrace, in Hays County, Texas; setting annexation schedule; providing for open meetings and other related matters. (Hillside Terrace/Porter Country - ANNX-21-0015) ~ Will Atkinson, Senior Planner ] ITEM NUMBER 20, UH, RESOLUTION OF THE CITY OF KYLE TEXAS ACCEPTING THE PETITION FOR ANNEXATION OF 176 ACRES LAND. MORE OR LESS LOCATED AT 52 60 HILLSIDE TERRACE. UM, THIS ITEM DOES NOT HAVE A PUBLIC HEARING. MR. ATKINSON WILKINSON SENIOR PLANNER FOR THE RECORD, IF YOU'LL EXCUSE ME, JUST FOR A MOMENT. I ACCIDENTALLY EXITED OUT OF MY TAB. SO GIVE ME ONE MOMENT PLEASE. OKAY. ALL RIGHT. BEFORE YOU, WE HAVE THE PETITION FOR, UM, ANNEXATION OF APPROXIMATELY 176 ACRES, UH, NORTH OR SOUTH OF HILLSIDE TERRACE AND NORTH OF THE SHADOW CREEK BOULEVARD. UH, WE HAVE CONTINUITY FROM A CONTIGUOUS LAND USE FROM A, FROM A ANNEXATION STANDPOINT ON THE SOUTH, ON THE WEST SIDE OF SHADOW CREEK. AND, UM, THIS IS ONE OF TWO ANNEXATIONS THAT WE'RE GOING TO BE TONIGHT AS A PETITION. THEY ARE REQUESTING VOLUNTARY ANNEXATION. THEY'RE [01:35:01] GOING TO FOLLOW THROUGH AFTER THAT WITH A PUD AND IT STARTS THE DEVELOPMENT PROCESS FROM THERE. UM, AND TO GIVE YOU ALL THE VISUAL ON THE SCREEN, BEAR WITH ME, HERE WE GO. THIS IS THE ACREAGE, EVERYTHING IN YELLOW THERE, AND INCLUDES AN EVEN A LITTLE REALLY LONG ACCESS POINT TO THE SOUTHEAST THERE. UM, THIS IS PART OF USDA, WHICH IS BUDA FIRE. UM, IT'LL BE, UM, WATER AND WASTEWATER WILL BE SERVICED BY THE WINDY HILL. UM, UTILITY DISTRICT IT'LL BE OUR STREETS AND OUR POLICE AND INSIDE OUR CITY LIMITS, BUT EVERYTHING ELSE WILL BE SERVICED BY OTHER ENTITIES FROM A UTILITY PERSPECTIVE IN SERVICES. ANY QUESTIONS, ANY QUESTIONS FOR MR. ATKINSON, CUSTOMER FLORIST, KALE, BUT I DO WANT TO SAY I'VE BEEN SUPER IMPRESSED WITH YOUR BACKUP MATERIAL. LIKE IT IS SPOT ON LIKE I WAS GOING THROUGH IT AND I WAS LIKE, MAN, THIS IS A LITTLE WAY LESS WORK FOR ME. UM, BUT I DO HAVE A QUESTION IN GENERAL. DOES THIS HAVE A DEVELOPMENT AGREEMENT AT ALL? NO. IT'S GOING TO GO THROUGH A PUD ZONING WISHES IF WE NEED TO AMEND OUR ASPECTS OF THE DEVELOPMENT. UH, WE'LL DO IT IN THE STANDARDS WITH THE ZONING. WE'RE NOT VOTING ON IT BEING A PIED RIGHT NOW THOUGH. WE'RE JUST CORRECT. THAT FOLLOWS THE ANNEXATION AND THIS IS JUST A PETITION TO ACCEPT THE ANNEXATION REQUEST SO WE CAN START THE ANNEXATION PROCESS. OKAY. WELL, IF NOBODY HAS ANY QUESTIONS, I WOULD LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 20. OKAY. UH, IT'S MOTION TO APPROVE SECONDED, BUT A MOTION TO APPROVE BY CUSTOMER FLOORS. KALE SECONDED BY MARY PERTAIN RIZZO. IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO SIX TO ZERO. SORRY, COUNCILMAN BRADSHAW. DIDN'T DIDN'T SEE HER. SORRY. THAT'S A LOT OF THINGS TO LOOK AT AND KEEP TRACK OF. ALL RIGHT. NEXT UP AGENDA ITEM [21.   A Resolution of the City of Kyle, Texas accepting the petition for annexation of 82.951 acres of land, more or less, located on FM 2001, approximately 500' north of Windy Hill Road, in Hays County, Texas; setting annexation schedule; providing for open meetings and other related matters. (Hillside Terrace/Porter Country - ANNX-21-0016) ~ Will Atkinson, Senior Planner   ] NUMBER 21, A RESOLUTION OF THE CITY OF KYLE TEXAS ACCEPTING THE PETITION FOR ANNEXATION OF 82.9 ACRES LAND MORE OR LESS LOCATED IN FM 2001, APPROXIMATELY 500 FEET NORTH OF WINDY HILL ROAD. UH, MR. ATKINSON. ALRIGHT. THIS IS THE SECOND COMPONENT TO, UH, THE FUTURE PROJECT COMING DOWN THE PIPELINE. UM, THE REASON WHY IT'S IN TWO SEPARATE ANNEXATIONS IS BECAUSE IT'S CURRENTLY TWO SEPARATE LANDOWNERS AND THEY PLAN TO COMBINE IT LATER ON, BUT THIS IS EXACTLY THE SAME THING OTHERWISE, EXCEPT FOR THE ACREAGE AND THE LOCATION, ESD EIGHT, UM, WINDY HILL WATER AND WASTEWATER, BUT IT'S OUR STREETS, OUR DEVELOPMENT STANDARDS AND OUR POLICE. SO THEY'RE ASKING FOR Y'ALL TO ACCEPT THE PETITION, TO ANNEX QUESTIONS, COMMENTS, MOTIONS. THANK YOU. UM, SO IN READING THE BACKUP MATERIAL, UM, I READ THE LETTER FROM RIO OSO HOLDINGS AND I'M GOING TO BE HONEST. I'M REALLY NOT IMPRESSED. UM, WHEN THEY S WHEN THEY MAKE THE COMMENT IN THE EVENT, THE PERMANENT ZONING OR SIMILARLY ACCEPTED ZONING DESIGNATION WILL NOT BE APPROVED AS REQUESTED. WE RESERVE THE RIGHT TO WITHDRAW THIS PETITION FOR ANNEXATION. UM, I DON'T, I REALLY WOULD RATHER NOT SEE THAT IN ANY KIND OF LETTER. I DON'T, I DON'T WANT DEVELOPERS COMING IN AND SAYING WE HAVE THESE STIPULATIONS, OR IT'S NOT, WE'RE GOING TO BACK OUT. I'LL BE HONEST. I DID NOT SEE THAT IN THE REQUEST LETTER. I I'M SURE IT'S THERE. UM, MY QUESTION IS THOUGH, AND I'M GONNA HAVE TO DEFER TO LEGAL, BUT I DON'T THINK THEY CAN DO THAT UNLESS, UH, PAGE SCIENCE CITY ATTORNEY FOR THE RECORD, THE, THE LAWS HAVE CHANGED. AND SO IN VOLUNTARY ANNEXATION IS LIMITED IF IN MOSTLY GONE. SO IF AT SOME POINT THE PROPERTY OWNER WANTS TO WITHDRAW THAT ANNEXATION REQUEST. THERE'S NOT A WHOLE LOT WE CAN DO ABOUT IT, FRANKLY. SO, UM, THAT'S, THEY, I THINK THEY'RE ANTICIPATING A CERTAIN ZONING THAT THEY WOULD LIKE TO HAVE IT'S WITHIN YOUR DISCRETION AND GRANTED OR NOT. THEY WOULD JUST, IF IT'S NOT APPROVED ON FIRST READING, THEN WE WOULD HAVE TO SEE WHERE WE ARE WITH THAT ANNEXATION REQUEST BEING WITHDRAWN. OKAY. SO AGAIN, WE'RE JUST PUTTING ON THE ANNEXATION TONIGHT, CORRECT? YES. MA'AM BECAUSE IT'S KIND OF PUT A KINK IN IT FOR ME, LIKE, JEEZ, IF I GET IT'S TO START A PROCESS, TOTALLY UNDERSTAND THAT THAT'S NOT MY CONCERN. YEAH. SO MY CONCERN IS I KNOW THEIR FUTURE PLANS. IF IT'S NOT A PUD, THEY DON'T WANT TO DO THIS. SO THAT MAKES IT DIFFICULT. I THINK THAT'S THE CASE OF 100% OF ANNEXATIONS, BY THE WAY I GET IT, I GET IT. I TOTALLY GET IT. I JUST DON'T WANT TO ANNEX THEM IN. AND THEN SAY, [01:40:01] WE CHANGED OUR MINDS SINCE YOU'RE NOT GOING TO GIVE US WHAT YOU WANT, THAT THAT'S GONNA, THERE'S GONNA BE A TIMING ISSUE AROUND THAT. SO AT SOME POINT IT'S DONE. YEAH, NO, AND I GET THAT TOO, BUT I DON'T WANT TO KNOW THIS EXPECTATION. LIKE WE KNOW THIS IS HOW THEY FEEL, AND THEN WE GO AHEAD ANYWAYS, AND THEN IT MIGHT CAUSE ISSUES DOWN THE LINE. THEY'LL SAY, WE TOLD YOU THIS. UM, AND W ALL I'M SAYING IS IT IS, IT WAS, FOR ME, IT WAS HARD TO READ KNOWING THAT WE'RE NOT EVEN VOTING ON THAT, AND THAT'S ALREADY IN THERE. YEAH. AND I GUESS, I MEAN, ANYTIME YOU'RE NEGOTIATING A DEAL AND YOU HAVE TO WALK THROUGH, YOU KNOW, THE CITY AND STATE PROCESSES, YOU HAVE TO GIVE SOME LEVEL OF ASSURANCE TO THE DEVELOPER, BECAUSE THEY'RE RELYING ON THAT CERTAINTY TO DO THE THINGS THAT THEY NEED TO DO. SO AT DIFFERENT PERIODS OF TIME, YOU'RE GOING TO SEE KIND OF SOME OF THOSE, UM, CONCESSIONS OR GUARANTEES TO DEVELOPERS THAT YES, WE'RE, WE'RE IN LOCK STEP WITH. UM, SO THEY CAN MOVE ON WITH THEIR DUE DILIGENCE AS WELL. I TOTALLY GET IT. TOTALLY GET IT. IT'S JUST ABOUT LIKE SURE. IS THAT THE KIND OF ATTITUDE WITH THE DEVELOPERS THAT WE WANT? LIKE, IT IS WHAT IT IS. I GET IT. I'M JUST POINTING IT OUT. IT WASN'T, IT, IT WASN'T ANYTHING MAJOR, JUST NOT VERY ATTRACTIVE TO ME. YEAH. AND ALSO, YOU'VE GOT TO LOOK AT THE LANDOWNER'S VIEW AS WELL. SO THE LANDOWNERS THINKING HE'S GOING TO MAKE THE, SELL THE DEVELOPERS, THINKING THAT COUNCIL'S GOING TO APPROVE SOMETHING. SO THIS IS JUST A REASSURANCE FOR THEM THAT IF COUNCIL, FOR SOME REASON, DECIDED TO RENEGE, HE HAS A WAY OUT NOT BEING ANNEXED AND THEN HAVING TO PAY AN EXTRA PROPERTY TAX WITHOUT COUNSEL, UH, DOING THEIR PART AS WELL. SO IT'S THE LANDOWNER. SO IF WE WERE TO, SO LET'S SAY, IF WE WERE TO SAY, WE'RE GOING TO ALLOW THIS DEVELOPER COME IN AND DO THIS, BUT THEN WE'RE BACKING OUT OF IT THE LAST MINUTE. NOW HE'S BEEN ANNEXED AND THERE'S NOTHING YOU CAN DO ABOUT IT. SO IT WOULD BE DETRIMENTAL FOR HIM BECAUSE NOW IT'S AT ATTACKS. SO YEAH, ANYTIME YOU BRING SOMETHING TO A COUNCIL, THERE IS A GOOD POSSIBILITY. IT MAY NOT PASS. THAT'S ALL I'M SAYING. AND SO, UM, THIS PUTS A LITTLE BIT OF EXTRA PRESSURE ON US TO MAKE SURE THAT THIS AREA IS A PUD BECAUSE WE KNOW HIS EXPECTATION, THE TRUTH, AND THE REALITY OF IT IS IF WE GO DOWN THIS PROCESS AND WE DECIDE THAT WE DON'T WANT TO PUT THERE FOR WHATEVER REASON, THEN WE'VE DISAPPOINTED THEM. BUT THEN AGAIN, IT'S NOT, IT'S NOT GOOD. IT'S NOT GOOD TO TELL IT TO KNOW THIS, AND THEN GOING FORWARD, MAYBE, YOU KNOW, I JUST DON'T WANT IT TO SEEM LIKE THIS WAS ALREADY PLANNED. IF THAT MAKES SENSE. I DON'T WANT IT TO BE, OH, NO, IT'S A PILOT. AND IF IT'S NOT, THEN WE'RE GOING TO LEAVE. BECAUSE TO ME THAT SEEMS A LITTLE PRE-SEASONED, IT'S ALREADY, IT'S ALREADY BEEN ESTABLISHED. AND I DON'T LIKE THAT IDEA. THAT'S ALL I'M SAYING. ANY OTHER DISCUSSION MOTION TO APPROVE SECOND MOVED BY THE MAYOR SECOND AND BY COUNCIL MEMBER FLORES. KALE. IS THERE ANY DISCUSSION ON THE MOTION, ALL IN FAVOR, SAY, AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT UP AGENDA, [22.   Approval of an engineering proposal from Schaumburg & Polk for preliminary engineering services for The Vybe trail network in the amount of $397,000. ~ J. Scott Sellers, City Manager   ] IDLE ITEM NUMBER 22 APPROVAL OF AN ENGINEERING PROPOSAL FROM SCHOMBURG AND POLK FOR PRELIMINARY ENGINEERING SERVICES FOR THE VIVITROL NETWORK IN THE AMOUNT OF $397,000. MR. SELLERS, MIRA COUNSEL, SCOTT SELLERS. I AM VERY PLEASED TO BRING THIS ITEM FORWARD. IT HAS BEEN IN CONVERSATION FOR MANY MONTHS, AS COUNSEL WILL RECALL. WE BROUGHT FORWARD A WHAT I'LL CALL A DRAFT BECAUSE IT'S ALWAYS IN MOTION, BUT A, UH, TRAILS MASTER PLAN ITEM, UH, LAST FALL, WHICH DISCUSSED THE VIBE AS WE NOW KNOW IT, UH, THIS AGAIN HAS COME FROM A VARIETY OF FACT-FINDING MISSIONS, AS WELL AS A LOT OF RESEARCH MEETINGS WITH DEVELOPERS AND LOOKING AT THE NEEDS OF OUR OWN COMMUNITY. WE'VE HELPED OPEN HOUSES WITH OUR COMMUNITY. AND, UH, WE BROUGHT IN THE GREAT SPRINGS PROJECT FOR THAT. AND WE ALL BROUGHT IN SCHOMBERG AND POLK, WHO, UH, HAD WORKED ON THE GRANT THROUGH TEXAS PARKS AND WILDLIFE DEPARTMENT FOR THE SPRING BRANCH SECTION OF OUR TRAIL NETWORK, UH, BECAUSE WE WERE SUCCESSFUL WITH THAT GRANT SCHULBERG AND POLK HAD, UH, HAS HAD, UH, A, AN EXTENSIVE BACKGROUND IN TRAIL PLANNING AND DESIGN, UH, LOOKING AT THE NEXT STEPS FOR OUR PLAN FOR THE TRAILS IS TO, UH, IDENTIFY WHAT WE WOULD CONSIDER TO BE THE MOST, UH, IMPACTFUL FIRST PHASE OF THIS PLAN. NOW, IF YOU RECALL, WE DID GO THROUGH, UH, THE 80 PLUS LINEAR OIL MILES. I'LL CALL IT 80 PLUS MILES OF VIBE, PROPOSED VIBE TRAIL. UH, AND WE PARSED THAT OUT BASED ON DEVELOPER RESPONSIBILITY WHAT'S ALREADY CONSTRUCTED. AND THEN WHAT IS, UH, STILL REMAINING TO BE CONSTRUCTED BY THE CITY [01:45:01] AND THE CITY'S PORTION IS ROUGHLY 20 MILES OR SO. UH, AND UP THAT WE HAVE IDENTIFIED THE FIRST SIX MILES, BASICALLY FROM WATER LEAF, ACTUALLY COOL SPRINGS ON THE EAST, AND THEN A COUPLE OF LOCATIONS, WEST OF 35. AGAIN, SOME OF THOSE AREAS ALREADY HAVE, UH, SOME TRAILS, SOME NATURAL TRAIL, UH, IN THE PLAN WE COMMITTED AND STILL DO COMMIT TO HAVING NATURAL TRAILS AS WELL AS PHYSICALLY BUILT TRAILS. BUT THE ITEM BEFORE YOU TONIGHT IS TO REALLY, TO FOCUS IN ON THOSE SIX MILES OF TRAIL. AND, UH, THERE'S REALLY NO FIRM BETTER IN OUR MIND TO BRING FORWARD FOR, UH, PRELIMINARY ENGINEERING AND DESIGN FOR THIS PROJECT, THEN SCHAUMBURG AND POLK. AND AGAIN, THEY, THEY HAVE AN EXTENSIVE TRAIL RESUMES THROUGHOUT THE STATE. AND, UH, I WOULD LIKE TO INTRODUCE YOU NOW TO ALLEN ROSS, WISH HUMBERG AND POLK, WHO CAN GO THROUGH THE PRELIMINARY ENGINEER REPORT PROPOSAL THAT'S BEFORE YOU GOOD EVENING, MAYOR AND COUNCIL. MY NAME IS ALAN ROSS. I'M WITH SCHOMBERG AND POLK CONSULTING ENGINEERS. UH, WE'RE REAL PLEASED TO BE CONSIDERED A PART OF THIS PROJECT. UH, I THINK IT IS, UH, A PROJECT THAT IS A GAME CHANGER FOR THE CITY OF KYLE. I MEAN, THIS, THIS IS GOING TO BE SOMETHING THAT REFLECTS THE CULTURE AND THE PERCEPTION OF THIS CITY, UH, FROM OUTSIDERS, FROM ALL OVER THE STATE AND BEYOND, UH, THIS PARTICULAR PROJECT IS FOR PRELIMINARY ENGINEERING WORK RELATED TO 6.2 MILES OF TRAIL ALONG PLUM CREEK, UH, AND TO, UH, PEDESTRIAN BRIDGES OVER THE UNION PACIFIC RAILROAD. UM, IT INCLUDES, UH, ALL 100% OF THE TOPOGRAPHICAL SURVEY. WE'RE EXCITED ABOUT THE WAY THAT WE'RE GOING TO PERFORM THE TOPOGRAPHICAL SURVEY, BECAUSE WE'RE GOING TO USE A DRONE TO DO IT. SO YOU'RE GOING TO GET REAL TIME VIDEO IMAGERY OF ALL OF YOUR TRAILS AND ALL, AND ALL OF THE PARKS THAT ARE CONNECTED TO THAT TRAIL SYSTEM. UH, YOU'LL HAVE PRELIMINARY STRUCTURAL ENGINEERING RELATED TO THE BRIDGES, HYDRAULIC ENGINEERING, ENVIRONMENTAL INVESTIGATIONS, AND ELECTRICAL ENGINEERING ASSOCIATED WITH THE LIGHTING OF THE TRAIL. UH, THIS GETS US TO A POINT WHERE WE CAN, UH, DEVELOP THE DESIGN CRITERIA FOR THE, THE FINAL DESIGN OF THIS SECTION OF TRAIL. AND, UH, SO IT'S, IT'S, IT'S THE, IT'S THE JUMPING OFF POINT FOR, FOR GETTING INTO THE DESIGN AND ULTIMATELY THE CONSTRUCTION OF THE VIBE TUTORIAL SYSTEM. SO, UM, I'M HAPPY TO ANSWER ANY SPECIFIC QUESTIONS ABOUT THE SERVICES THAT WE'LL PROVIDE, UM, OR ANY OTHER QUESTIONS THAT YOU HAVE ABOUT THE VIBE. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS CUSTOMER TOBY'S? YES, SIR. UM, AS FAR AS THE SURFACE IS WHAT, WHAT HAVE Y'ALL STARTED LOOKING AT DOING? I KNOW AT ONE TIME WE WERE TALKING ABOUT GOING CONCRETE ON MOST OF THE TRAIL, BUT I KNOW THAT WE REALLY WOULD LIKE TO HAVE AS MUCH, UH, NATURAL TRAIL AS WELL. UH, THERE ARE ANY AREAS THAT YOU LOOKED AT IN THIS, UM, SIX MILES WHERE WE'RE GOING TO BE ABLE TO, YOU UTILIZE MOST OF THAT NATURAL RESOURCE OR NATURAL UNNATURAL TRAIL, RIGHT? THERE'S A GOOD PART OF THE TR THERE OF EXISTING TRAIL WITHIN THE PLUM CREEK AREA THAT HAS ALREADY NATURAL TRADING. SO THE NEW TRAIL IS INTENDED TO BE A 12 FOOT WIDE CONCRETE SURFACE. UH, NONE OF THE NATURAL TRAIL WILL BE SACRIFICED IN THE DESIGN AND CONSTRUCTION OF THE NEW TRAIL. THE NEW TRAIL IS IT'S INTENDED TO ATTRACT NOT ONLY PEDESTRIANS, BUT ALSO, UH, WHEELED VEHICLES, ALL, UH, UH, I GUESS, UH, THEY'RE NOT GOING TO BE GASOLINE POWERED VEHICLES, BUT LIKE BICYCLES, GOLF CARTS AND THE LIGHT. AND SO THAT'S WHAT THIS PARTICULAR SECTION OF TRAIL WAS, IS BEING DESIGNED FOR. AGAIN, WE WON'T SUPPLANT OR REMOVE OR IN ANY WAY DESTROYED THE EXISTING NATURAL TRAIL THAT JUST THEIR CUSTOMER PARSLEY. UM, I HAVE A QUICK QUESTION. WHEN YOU TALK ABOUT THE NATURAL TRAIL FROM PLUM CREEK, WHERE EXACTLY IS THAT ONE? I'M TRYING TO LOOK AT THE MAP TO SEE WHAT'S GOING TO BE INCLUDED FROM THE VIVE FROM PLUM CREEK TO THE VIBE, RIGHT? WELL, THERE IS EXISTING NATURAL TRAIL AND FORGIVE ME, I FORGET THE NAME OF THE PARK, UNLESS VERY WATER LEAK PART FROM WATER LEAF PARK ALL UP TO NOT QUITE TO OUR 35. AND SO THAT TRAIL PRETTY MUCH FOLLOWS THE CREEK AND IT'S AN ACTUAL TRAIL. I MEAN, I'VE BEEN ON THAT TRAIL MYSELF FOUR TIMES NOW, AND IT'S A PLACE WHERE PEOPLE GO AND LIKE WALK AND THEY HIKE AND WALK THEIR DOGS SO ON AND SO FORTH. AND IT CONNECTS SEVERAL PARKS, INCLUDING AT LIGHT KYLE, UH, THE, ON THE SOUTH SIDE AND SO FORTH. SO THAT, AGAIN, THAT TRAIL WAS THERE. IT PRETTY MUCH FOLLOWS PLUM CREEK CROSSES IT IN A FEW PLACES AND MAYBE GOES OUTSIDE THE FLOOD PLAIN IN ONE OR TWO PLACES. BUT FOR THE MOST PART, IT FOLLOWS [01:50:01] THE CREEK VERY CLOSELY. SO IS IT GOING TO GO INSIDE THE PLUM CREEK NATURAL TRAILS OR IT'LL BE OUTSIDE OF IT? AND FOR THE MOST PART, IT'S GOING TO BE TO THE SOUTH OF PLUM CREEK AND IT'S INTENDED TO KIND OF HUG, UH, THE EASEMENT LINE OR THE PROPERTY LINE. UH, WE, WE WOULD LIKE FOR THE TRAIL, UH, TO NOT IMPEDE OR BE IN THE FLOOD PLAIN, AS MUCH AS WE CAN HELP IT. UH, BUT A LOT, YOU KNOW, I MEAN, IT'S, IT'S PLUM CREEK. SO A LOT OF IT JUST KIND OF BE IN THE FLOOD PLAIN, BUT W WE WANT TO GET IT AWAY FROM THE CREEK. SO IT WON'T BE SUSCEPTIBLE TO FLOODING AND EROSION FROM THE CREEK AS MUCH AS POSSIBLE. OKAY. SO WOULD THAT BE LIKE THE ORANGE AREA THAT YOU HAVE SELECTED RIGHT HERE, SCOTT, WE HAVE THE ORANGE AREA. YEAH, I THINK, UH, I THINK THE ORANGE AREA, UH, COUNCILPERSON PARSLEY IS INTENDED TO SHOW THE CORRIDOR. IT'S NOT, IT'S NOT THE EXACT LOCATION OF THE TRAIL. IT JUST SHOWS THE CORRIDOR THAT FOLLOWS. I JUST WANT TO KNOW IF, UM, YOU KNOW, THE DOTTED AREA THAT IS BY THE NATURAL TRAIL INSIDE PLUM CREEK, IS THAT A PART OF THE VIBE? IT IS NOT A PART OF THE CONCRETE TRAIL THAT WE'RE, THAT IS GOING TO BE CALLED THE VIBE. IT WILL BE CLOSE, IT'LL PARALLEL IT, BUT IT'S NOT THE CONCRETE TRAIL THAT WE'RE DESIGNING AND THAT WE'RE CALLING THE FIVE AND THIS MAY NOT HAVE MA I'M JUST HAVING PROBABLY, YOU KNOW, I DON'T KNOW IF YOU WILL KNOW ABOUT THIS. I JUST WANT TO KNOW IF THAT AREA IS GOING TO HAVE PUBLIC ACCESS TO KYLE IN GENERAL, THAT NATURAL AREA FROM PLUMP CREEK. YES. THE NATURAL TRAIL AND THE CONCRETE TRAIL WILL ACTUALLY CROSS ONE ANOTHER NOW AND AGAIN, AND THERE'LL BE, I MEAN, THERE'LL BE VERY CLOSE TO ONE ANOTHER. THERE'LL BE LITERALLY WITHIN A FEW YARDS OF ONE, ANOTHER FOR A GOOD LENGTH OF THE TRAIL. SO WHOEVER HAS ACCESS TO THE NATURAL TRAIL IS GOING TO HAVE ACCESS TO THE VIBE AS WELL. SO I MEAN, ONE THING THAT STAFF WANTED ME TO KNOW IS WE WERE DRAWING UP OUR, OUR, OUR SCOPE OF SERVICES HERE IS THAT, YOU KNOW, I MEAN, THE CITIZENS DON'T WANT TO LOSE THEIR NATURAL TRAIL. CORRECT. AND SO WE'RE GOING TO THE TRAIL THAT WE'RE GOING TO BUILD, IT'S GOING TO PARALLEL IT, BUT IT WILL NOT DIMINISH THE LENGTH AND BREADTH OF THAT NATURAL TRAIL AT ALL. IT'LL BE CLOSE TO IT. AND WHOEVER HAS ACCESS TO ONE TRAIL WILL HAVE ACCESS TO THE OTHER. OKAY. AND MY LAST QUESTION IS, AND I DON'T KNOW IF THIS WILL BE DIRECTED TO YOU BECAUSE, YOU KNOW, I'M GETTING HERE. DO WE HAVE PERMISSION FROM THE HOA FOR REGULAR, FOR ALL CITIZENS TO GO THROUGH THE PLUM CREEK NATURAL AREA? BECAUSE I KNOW FOR A FACT THAT I HAVE TO WEAR MY TAG IN ORDER TO RUN THROUGH THE TRAILS, THE, THE PLUM CREEK HOA IS RESPONSIBLE FOR ALL OF THE LAND. THEY OWN THE LAND. SO THEY'RE THE REGULATING BODY. UM, AND THAT'S PAID OUT OF DUES, THE PLUM CREEK TRAILS, A PUBLIC TRAIL ON CITY PROPERTY. SO IT HAS PUBLIC ACCESS. IS THAT CORRECT? THAT'S CORRECT. OKAY. THANK YOU, COUNCIL MEMBER FLOURISH COUNT. I HAVE NO DOUBT. ONCE WE GET STARTED ON THIS, THIS IS GOING TO BE A REALLY GREAT TRAIL. UM, LEADING UP TO THERE THOUGH. I WANT TO MAKE SURE YOU'VE SAID, FIRST OF ALL, THERE WAS GOING TO BE NO GAS ON THESE TRAILS. IS THERE GOING TO BE NO GOLF CARTS WITH GUESTS? OKAY. I WANT TO MAKE SURE THAT WHEN IT'S, WHEN THAT CREATES, THAT WHEN IT'S CREATED, THAT IS ALSO CREATIVE FOR GOLF CARTS THAT HAVE GAS. I DON'T KNOW IF THERE'S A DIFFERENCE, BUT I GUESS WHAT I WAS TRYING TO CONVEY IS THAT IT'S NOT FOR FOUR WHEELERS OR, YOU KNOW, AGGRESSIVE OFF ROAD TYPE VEHICLE. GOTCHA. OKAY. SO I'M LOOKING AT YOUR AGREEMENT, UH, PAGE EIGHT 13, IF YOU'RE GOING THROUGH THE, UM, THE PDF. AND I'M ALWAYS, WHAT I LOOK AT IS THE INDEMNIFICATION, WHICH IS, UM, LOOKS LIKE WE HAVEN'T DONE NOTIFICATION IN SECTION 6.09. YES MA'AM. AND SO, UM, I WANT TO MAKE SURE THAT IN THE EVENT, SOMETHING HAPPENS THAT THERE IS AT LEAST A SHARED RESPONSIBILITY. AND SO IF YOU COULD JUST GO THROUGH, I KNOW IT'S AN, THERE'S AN IDENTIFICATION BY ENGINEER, BY OWNER ENVIRONMENTAL INDEMNIFICATIONS. UM, IF WE COULD, AND MAYBE A MUTUAL WAIVER, JUST KIND OF SKIM THROUGH THOSE AND EXPLAIN TO US EXACTLY WHAT THEY MEAN AND WHAT THEY COVER. I, I CAN, I WANT TO REMIND EVERYBODY, I'M A CIVIL ENGINEER, NOT AN ATTORNEY, BUT I'M GOING TO, I'M GOING TO DO THE BEST THAT I CAN WITH A DOCUMENT. OH, I WANT TO ALSO REMIND EVERYONE THAT THIS IS WHAT IS CALLED AN ENGINEER'S JOINT CONTRACT DOCUMENTS, COMMITTEE, UH, AGREEMENT. SO IT'S PRODUCED BY A COMMITTEE CONSISTING [01:55:01] OF ENGINEERING SOCIETIES, CONTRACTOR, SOCIETY, SO, AND SO FORTH. THERE WAS BASICALLY AN ATTEMPT BY ENGINEERS AND CONTRACTORS TO GET TOGETHER, UH, TO PRODUCE AGREEMENT THAT BOTH FELT, UH, EQUALLY PROTECTED THOSE TWO GROUPS. OKAY. SO IN THE INDEMNIFICATION CLAUSE, AND THIS IS A, THIS IS A QUESTION WE GET ASKED A LOT, BUT INDEMNIFICATION, I MEAN, WHEN IT SAYS HERE'S TO THE FULLEST AGREEMENT FOR ME TO, BY LAW, WE'RE GONNA INDEMNIFY AND HOLD HARMLESS, THE OWNER, AND ALL OF YOUR OFFICERS DIRECTORS COUNCILPERSONS ON FORTH, UH, FROM REASONABLE CLAIMS AND DAMAGES ARISING OUT OF THE ASSIGNMENT OF THIS PROJECT. AND IN PARTICULAR THINGS THAT CAUSED BY ANY NEGLIGENT ACT OR EMISSION OF THE ENGINEER, ENGINEERS, OFFICERS, DIRECTORS, AND SO FORTH. SO WHAT WE'RE SAYING IS, IF I MESS UP, IF MY GUYS AND GIRLS MESS UP YOUR, WE INDEMNIFY YOU WHERE WE ARE GOING TO, UH, WE ARE GOING TO INDEMNIFY AND HOLD HARMLESS, THE OWNER, WHICH IS THE CITY FROM ANY ACTS OF NEGLIGENCE ON OUR PART. SO THAT'S PART A, OKAY. PART B BASICALLY ASKS YOU TO DO THE SAME FOR US. IF, IF FOR WHATEVER REASON SOMETHING GOES WRONG AND SOMEBODY SAYS, HEY, THAT'S THE CITY'S FAULT THAT, THAT YOU DON'T TURN AROUND AND SAY, WELL, NO, THAT'S THE CONSULTANT'S FAULT. OKAY. ALL WE'RE AT ALL WE'RE ASKING IS THAT YOU EXTEND THE SAME INDEMNITY TO THE ENGINEER THAT THE ENGINEERS EXTENDED TO YOU, BUT AN ILLEGAL WAY. RIGHT. SO YOU, WHEN YOU INDEMNIFY YOURSELF, THEN, UH, I JUST WANT TO MAKE SURE THAT WE CLARIFY THAT BECAUSE IN THE EVENT, SOMETHING GOES WRONG. IT'S IMPORTANT THAT, THAT, THAT YOU GUYS, UM, ARE HELD ACCOUNTABLE FOR WHATEVER MISTAKE OR, UM, ERROR YOU GUYS MIGHT MAKE. RIGHT? YEAH, ABSOLUTELY. AND AGAIN, WE'RE FULLY INSURED AND ALL THOSE KINDS OF THINGS. I MEAN, OUR, OUR ENTRANCE REQUIREMENTS MEET THE CITY'S REQUIREMENTS. WE'RE GOING TO STAY IN BY WHAT WE DO. AND IF WE, IF WE MAKE A MISTAKE, WE'VE GOT THE INSURANCE TO COVER IT. OKAY. SO FOR THE ENVIRONMENTAL IDENTIFICATION, AND WOULD IT BE EASIER IF PAIGE, UM, EXPLAIN THAT, OR I DON'T KNOW IF YOU'RE FAMILIAR WITH IT. SOMETIMES WE HAVE A REALLY TRICKY ENVIRONMENT HERE IN THE HILL COUNTRY. I THINK WE'RE JUST AT THE BEGINNING OF IT. UM, BUT I JUST WANT TO MAKE SURE, AND I'M SURE YOU GUYS HAVE DEALT WITH MANY DIFFERENT TYPES OF, UM, UM, ENVIRONMENTS, BUT, UM, I JUST WANT TO BE ON THE SAME PAGE. WELL, AND PAIGE, DO YOU WANT TO ANSWER THAT QUESTION OR YOU WANT ME TO OKAY. AS MUCH AS I UNDERSTAND THIS CLAUSE, AND AGAIN, THIS IS A, THIS IS A BOILER PLATE CONTRACT THAT I DID IT, RIGHT. IT'S JUST SOMETHING THAT WE USE PRETTY OFTEN. WE'RE GOING TO, WHAT IT SAYS IS THE OWNER SHALL INDEMNIFY AND HOLD HARMLESS, THE ENGINEER AND ITS OFFICERS FROM CLAIMS CAUSED BY ARISING OUT OF RELATING OR RESULTING FROM A CONSTITUENT OF CONCERN AT, ON OR UNDER THE SITE PROVIDED THAT THIS CLAIM SO ON AND SO FORTH IS, IS BASICALLY CO NOT CAUSED BY THE ENGINEER. THE WAY THAT I UNDERSTAND THAT COUNCIL PERSON, KALE IS THAT LET'S SAY WE GET OUT THERE ON SITE, WE GET INTO CONSTRUCTION AND WE FIND A LEAKING UNDERGROUND STORAGE TANK OR SOME KIND OF BIO HAZARD. OKAY. THAT THERE WAS JUST NO WAY FOR US TO KNOW THAT IT WAS THERE. W WHAT WE'RE ASKING YOU TO DO IS IF THAT EXISTING ENVIRONMENTAL HAZARD IS OUT THERE AND WE GET INTO IT, THERE'S A PROBLEM. SOMEBODY IS INJURED IS CAUSE TO BE SICK OR WHATEVER THAT THE COUNCIL INDEMNIFIES US BY BASICALLY SAYING, YOU KNOW, MR. ENGINEER, WE KNOW YOU DIDN'T COST THAT PROBLEM OUT THERE. AND SO FROM MY UNDERSTANDING ABOUT THE ENVIRONMENTAL INDEMNIFICATION CLAUSE, THAT'S WHAT IT DOES. OKAY. AND THE REASON WHY I ASK IS BECAUSE ON YOUR 2022 RATE SHEET, UM, EVEN THOUGH YOU IDENTIFY YOURSELF, IT LOOKS LIKE THE EXPERT TESTIMONY THAT WE MAY USE IN CASE WE HAVE TO USE. YOU GUYS IS THREE TIMES THE AMOUNT OF YOUR REGULAR RATE. AND SO I THINK THAT'S, I JUST WANT TO MAKE CLEAR THAT WHEN WE SIGNED THIS AGREEMENT, THAT EVERYBODY IS AWARE THAT WE WILL PAY THREE TIMES THE AMOUNT AND THEY WILL BE INDEMNIFIED. SO WE'RE ON THE SAME PAGE. UM, AND I, AND THIS IS PRETTY, THIS IS SOME THINGS ARE A LITTLE BIT DIFFERENT AND IN SOME CONTRACTS, I JUST FOUND THAT TO BE, UM, A LITTLE BIT EXCESSIVE. SO I, I WOULD LIKE TO, TO KNOW PAGE'S OPINION ON THE SAME, BECAUSE THESE, THESE ARE FORMS. AND SO IF I'M CORRECT, WE COULD PROBABLY ADJUST IT. SO ONE WAY OR ANOTHER, UM, AS LONG AS WE'RE ALL AMENDABLE AND I, AGAIN, JUST TRYING TO LOOK OUT FOR THE CITY, JUST LIKE YOU GUYS ARE TRYING TO LOOK OUT FOR YOUR FRIENDS AND AGAIN, COUNCIL PERSON, [02:00:01] THIS IS, THIS IS A BOILERPLATE CONTRACT. WE TRY NOT TO CHANGE THE LANGUAGE OF IT AT ALL. I MEAN, WE, WE PUT THE CONTRACT AS IT'S WRITTEN BY THE INDUSTRY IN FRONT OF THE CITY AND THEIR ATTORNEY, WE ARE ALWAYS WILLING TO LIKE, YOU USE THE WORD NEGOTIATE, BUT WE'RE, WE'RE GOING TO TAKE A COMMON SENSE APPROACH TO THE CONTRACT. IF THE CITY HAS AN ISSUE WITH PART OF THE CONTRACT, AND WE NEED TO LOOK AT CHANGING, WE'RE GOING TO LISTEN TO RIGHT COUNCILLOR FLOTUS KALE, PAGE SCIENCE CITY ATTORNEY FOR THE RECORD, JUST TO FOLLOW UP ON THE QUESTIONS THAT OWNER INDEMNIFICATION CLAUSE FOR THE ENVIRONMENTAL INDEMNIFICATION THAT PUTS THE LIABILITY ON THE OWNER FOR ANY ENVIRONMENTAL CONDITIONS ON THE SITE, UNLESS IT'S DUE TO THE THIRD PARTIES NEGLIGENCE. SO YOU'RE TAKING RESPONSIBILITY FOR THE SITE CONDITIONS. CORRECT. SO WHEN WE SAY OWNER, WE MEAN THE CITY CITIES, THE OWNER UNDER THIS CONTRACT. OKAY. UM, REGARDING THE, THE EXPERT WITNESS FEES, THOSE TYPICALLY ARISE WHEN, IF THE CITY NEEDS TO IT DOESN'T TYPICALLY ARISE WHEN THERE'S A CONFLICT BETWEEN THE ENGINEER AND THE CITY. IT'S WHEN YOU NEED THE ENGINEER FOR SOME OTHER CLAIM, MAYBE RELATED TO CONSTRUCTION METAL LATER STATE LETTER PHASE. UM, ONE THING THAT IS WE'VE MADE COMMENTS ON THIS CONTRACT, UH, ONE THING WE NOTED THAT THERE'S A LIMITATION OF LIABILITY CLAUSE IN THERE. WE RECOMMEND THAT BE REMOVED, OR WE AT LEAST HAVE A DISCUSSION ABOUT WHAT THAT MEANS WITH, UH, WITH THE CONSULTANT. IS THAT SOMETHING THAT WE CAN DISCUSS AND THEN BRING BACK SO WE DON'T DENY OR APPROVE TONIGHT, BUT WE KIND OF DISCUSS THAT AND THEN WE BRING IT BACK. IT ABSOLUTELY CAN BE THE ACCOUNTS PERSON, KALE. I WOULD, I GUESS I OFTEN ASK A CITY COUNCIL TO GIVE THE CITY ATTORNEY LATITUDE TO MAKE THE CHANGES THAT ARE NECESSARY. AND SO BASICALLY ASK YOU TO APPROVE THE CONTRACT TONIGHT, BUT GIVE THE CITY ATTORNEY THE OPPORTUNITY TO, TO, UH, I GUESS, NEGOTIATE WHATEVER CHANGES THAT HE OR SHE FEELS ARE NECESSARY, BUT THAT'S UP TO COUNCIL. YOU GET TO DO WHAT YOU WANT TO DO. I'M JUST SAYING, THAT'S WHAT I WOULD ASK OF YOU. THAT'S UP TO COUNCIL COUNCIL. IF COUNCIL WANTS TO SEE IT, THEN YOU'RE ENTITLED TO SEE IT AGAIN. SO I WOULD LIKE TO SEE THAT A LITTLE BIT, UM, LEVEL ON BOTH SIDES. AND SO, UM, YEAH, I WOULD LOVE TO, AGAIN, IT'S, FOR ME, IT'S HARD TO SAY YES OR NO WHEN I DON'T, I DON'T KNOW WHAT I'M IMPROVING. AND SO, UM, MAY I ASK A QUESTION? IS IT THE, IS IT THE INDEMNITY BACK AND FORTH? THAT'S THE MAIN ISSUE OR IS IT THE EXPERT WITNESS? NO, IT'S NOT THE EXPERT WITNESS. I JUST, I JUST FOUND IT KIND OF IRONIC THAT WE PAY SO MUCH AND THEN THEY ENDED UP BY A LOT. SO, BUT LIKE SHE SAID IT'S NOT REALLY A CONFLICT WITHIN EACH OTHER. IT'S JUST A CONCERN OF MINE. AND THEN AS I WAS READING THE REST, I WAS JUST LIKE, I THINK IT'S OKAY FOR THE CITY TO ASK FOR A FEW THINGS. AND SO, UM, AND THEN WHEN PAIGE BROUGHT UP HER CONCERN, I THOUGHT, OKAY, MAYBE WE SHOULD JUST TAKE A STEP BACK. I'M NOT SAYING NO, I'M JUST SAYING KIND OF REEVALUATE THIS AND MAKE SURE THAT THIS IS IN THE BEST INTEREST OF ALL PARTIES, BECAUSE THINGS HAPPEN I'M IN AS A CITY. WE UNDERSTAND THAT. AND I JUST WANT TO MAKE SURE THAT WE'RE NOT GOING TO BE, UM, STUCK FOOTING A BILL, YOU KNOW, A HUNDRED PERCENT. ALL RIGHT. ANY OTHER QUESTIONS? COMMENTS. I HAVE FINANCIAL QUESTIONS. SO THOSE AREN'T FUNDING QUESTIONS. SO I DON'T KNOW. WE'RE JUST PREVENTS BACK THERE. I'VE GOT A COUPLE OF QUESTIONS FOR YOU IF YOU WANT TO. SURE. SIR. UM, CAN YOU TALK ABOUT HOW THIS IS BEING FUNDED? UH, GENERAL FUND, I ASSUME THAT WOULD REQUIRE A BUDGET AMENDMENT? UH, NO. UH, AS MATTER OF FACT, WE HAVE FUNDING IN THE PARK DEVELOPMENT FUND, AS WELL AS THE 2020, UH, BOND AUTHORS. WELL, THAT, THAT WAS, THAT WAS MY FOLLOW-UP. SO IS THAT WHAT THE PLAN IS, IS TO, UH, ULTIMATELY USE, UH, UH, OR REQUEST OF COUNCIL TO USE PARKS, THE PARKS BOND FUNDS, UM, FOR THIS THAT'S, THAT'S OUR PLAN, UNLESS COUNCIL WANTS US TO DO DIFFERENTLY, I GUESS WE'LL HAVE TIME TO MAKE THAT DECISION DOWN THE ROAD BECAUSE WE CAN'T USE THOSE FUNDS RIGHT NOW. UM, CORRECT. I I'M, I'M NOT, I'M NOT SURE WHETHER IN, IN, IN MY OPINION, IT'S, IT'S RIGHT TO USE PARKS, BOND FUNDS FOR A PROJECT, WHICH REALLY WASN'T IN THE SCOPE OF THE ENGINEERING FOR A CITYWIDE TRAIL SYSTEM. WASN'T FULLY IN THE SCOPE OF THE WAY THAT IT WAS PRESENTED. [02:05:01] UH, THE EAST SIDE TRAIL, UH, I THINK WAS, BUT THAT'S PRIMARILY WHERE THE TRAIL SYSTEM WAS BEING PROPOSED, THAT THE PUBLIC WAS AWARE OF. AND SO THIS IS, THIS INCORPORATES A PIECE OF IT, BUT IT HAS A LOT OF DIFFERENT ELEMENTS AS WELL. SO I'M NOT, I'M NOT REALLY SURE WHAT THE, THE PATH THERE MIGHT BE, BUT DO YOU HAVE THOUGHTS? YES, SIR. MAYOR YOU'RE EXACTLY RIGHT. THAT THE PROPOSAL WAS FOR EAST SIDE TRAILS AND THAT WAS WHAT WAS PRESENTED TO POSTDOC AS WELL. SO THE PROPORTIONATE SHARE IF YOU WILL, OF THIS PROJECT THAT IS FOR I 35 EAST COULD BE TAKEN OUT OF THAT BOND FUND, WHICH WAS OUR INTENT. OKAY. WELL, I HAVE ANOTHER CHALLENGE WITH THAT AND IT, THE, THE, THE, I DON'T, I DON'T KNOW THAT IN MY OPINION, THE VIBE, UH, UH, 12 FOOT WIDE CONCRETE TRAIL, WHICH IS A BIG CITY, IS, IS QUITE ENCOMPASSING OF WHAT THE PUBLIC HAD IN MIND WITH THE IDEA OF SPENDING THE MONEY ON THE TRAIL SYSTEM IS MORE TO UPGRADE THE, UH, TRAIL SYSTEM THROUGH PLUM CREEK AT THE NATURAL TRAIL. CAUSE IT STILL HAS A VERY, VERY LONG WAY TO GO. SO THE WAY I SEE THIS MOVING FORWARD IS, UH, THE, THE NATURAL TRAIL GETS PUSHED TO THE, TO THE BACK BURNER AND THE PRIMARY FOCUS BECOMES THE VIBE. AND I THINK THAT WE SHOULD PURSUE THE VIBE, BUT NOT NECESSARILY CONSIDER THAT THE FUNDING SOURCE FOR, UH, THIS PARTICULAR EAST SIDE PROJECT COME OUT OF THAT. I THINK ROUGHLY $4 MILLION THAT WE WERE PURSUING, BECAUSE IF I HAD MY DRUTHERS, I THINK THAT'S A WORD, UH, I'D RATHER PUT THE 4 MILLION INTO THE, THE TRAIL SYSTEM ITSELF. YEAH. THE ALREADY EXISTING TRAIL SYSTEM TO UPGRADE IT AND MAKE IT BETTER AS OPPOSED TO THE CONCRETE. SO YOU, YOU, YOU, YOU KNOW, MY OPINION ON THIS, YOU'VE SAID, CON, YOU TALKED ABOUT CONCRETE AND THE MAINTENANCE AND A LOT OF REASONS FOR IT. BUT I THINK THAT THE UPGRADING OF THE WALKABLE HIKING TRAIL IS THE BETTER USE OF THOSE PARTICULAR FUNDS JUST TO RESPOND IN THAT THAT COULD BE WELL, THE CASE FOR THE KYLE RESIDENCE, THE POSTDOC WAS PRESENTED WITH THE VIBE IN PARTICULAR. THEY ALSO WERE TOLD ABOUT THE NATURAL TRAIL, BUT THEY WERE TOLD THAT THIS WOULD GO FOR D CONSTRUCTION OF THE VIBE DRILL COME SOMEWHERE ELSE. UM, UH, I CERTAINLY APPRECIATE THE QUESTIONS THAT THE MAYOR WAS ASKING ON THIS PARTICULAR ITEM I'M IN AGREEMENT, UH, AS WELL AS MY UNDERSTANDING WITH BOND FUNDS FROM THE 2020 BOND, UM, FOR THE TRAIL SYSTEM. UM, AND FOR ME, AND I DON'T KNOW THE SEMANTICS, SOME OF Y'ALL MIGHT ROLL YOUR EYES, BUT IT'S, UH, WE'RE TALKING ABOUT A TRAIL SYSTEM, WHICH A TRAIL SYSTEM IS A UNIMPROVED PATH. AND THEN WE HAVE A MULTI-USE PATH, UH, WHICH I WILL NOT CALL A TRAIL, UM, W WITH THE VIBE, CAUSE IT'S, IT'S NOT TECHNICALLY, UM, IT'S A GREAT AMENITY. I THINK IT'S A HUGE GAME CHANGER AS THE GENTLEMAN SAID BEFORE, UH, FOR OUR CITY. UM, MY QUESTION AS A FOLLOW-UP WHAT THE MAYOR WAS TALKING ABOUT. SO THE OTHER OPTION YOU PRESENTED WAS, UH, FROM PART DEVELOPMENT FUNDS. YES, SIR. UM, AND I KNOW WE'VE, UM, I FORGET WHAT IT WAS A FEW MONTHS AGO THAT WE REQUESTED, UH, IF SOMETHING COULD BE PAID OUT OF THAT. AND IT WAS STATED AT THE TIME, IF I RECALL CORRECTLY, THE PART DEVELOPMENT FUNDS COULD NOT, UM, UM, MEET THAT NEED. UM, SO I KNOW THAT WE DID A BUDGET AMENDMENT LAST SUMMER FROM THE PART DEVELOPMENT FUND TO FUND, UH, THE LIGHTING OF OUR WATER TOWER, WHICH THOSE FUNDS WENT ON A USED. SO THEY WENT BACK INTO THE, THE, BECAUSE THEY WERE ALLOCATED FROM THE PART DEVELOPMENT FUND, THEY WENT BACK TO THE PARK DEVELOPMENT FUND. CORRECT. THEY'RE STILL APPROPRIATED, BUT HAVE NOT BEEN USED OR STILL APPROPRIATED, BECAUSE WE DID A GENERAL, WE DID A BUDGET AMENDMENT THAT WOULD GO INTO THIS FISCAL YEAR. SO THAT'S WHY IT'S STILL, KATIE HAS BEEN DEDICATED FOR THAT PROJECT IS JUST, HAS NOT BEEN SPENT. YEAH. FOR ME PERSONALLY AS WELL. UH, YOU KNOW, I UNDERSTAND THAT THE COMMENTS THAT WERE MADE TO THE POZAC, BUT I GUESS, UM, FROM MY PERSPECTIVE AND WHAT, WHAT I UNDERSTOOD IS, UH, THOSE BONDS WOULD NOT BE USED FOR THIS PARTICULAR ISSUE, BUT I GUESS IT'S SOMETHING WE NEED TO FIGURE OUT AND DECIDE, UH, THROUGH FUTURE CONVERSATIONS. UM, THAT'S ALL MY QUESTIONS FOR NOW. THANK YOU. YEAH. I, I WOULD JUST, UH, ADD TO WHAT COMES FROM ALISON WAS SAYING, I DON'T, I'M NOT SUGGESTING THAT WE DON'T, UH, MOVE FORWARD WITH, UH, OUR, OUR LARGE PROJECT, BECAUSE THERE'S LOTS, THERE'S LOTS TO THE SCOPE OF WHAT YOU'RE PROPOSING. UM, I JUST WOULDN'T, WE NEED TO HAVE A DISCUSSION ABOUT THAT [02:10:01] PARTICULAR STRETCH, HOW IT'S GOING TO BE FUNDED AND, AND IN PARTICULAR, YOU KNOW, WHAT, WHAT ELEMENTS OF THAT ARE GOING TO BE FUNDED BY THE BOND FOR THE, UH, CONCRETE SERVICE AND WHAT ELEMENTS OF THE BOND WILL IMPROVE THE NATURAL AREA? I THINK THAT'S OUTSIDE OF THE SCOPE OF THE AGENDA ITEM, BUT I DID WANT TO BRING THAT UP BECAUSE IT'S A CONVERSATION THAT, UH, YOU KNOW, TRAIN GETS MOVING AND, YOU KNOW, SO WE DO NEED TO DISCUSS IT. YOU KNOW, IT COULD BE SOMETHING WE DISCUSSED AT THE VISIONING WORKSHOP AS WELL TO, UH, HAVE A LOT OF DIALOGUE ABOUT IT. WE JUST NEED TO HAVE DIALOGUE. SO, UM, ANY OTHER DISCUSSION OR QUESTIONS MOTIONS, MAY I MAKE A MOTION TO POSTPONE THIS GEN ITEM FOR FURTHER DISCUSSION? ALL RIGHT. IT'S BEEN MOTIONED TO POSTPONE AND SECONDED A MOTION BY CUSTOMER TOBY A SECOND BY CUSTOMER FLOORS. KALE, IS THERE DISCUSSION ON THAT MOTION TO A DATE CERTAIN, OR WE JUST, YOU SAID TOO, FOR MORE DISCUSSION ON ANYTHING IN PARTICULAR THAT WE NEED TO WORK ON, BECAUSE I DON'T WANT THIS TO BE JUST STALEMATED. IF WE COULD GET SOME MORE CLEAR DIRECTION TO STAFF ON WHAT, WHY WE'RE TABLING THIS AND WHAT WE EXPECT BACK. SURE. TO DIRECT STAFF, TO GET MORE, UH, INFORMATION ON, ON OTHER FUNDING SOURCES FOR THESE, FOR THE, THE TRAIL OF POSITIVE NEEDING ON THE CONTRACT TO COUNSEL HER TO BE AS ALSO TO, UH, BRING BACK THE REVISIONS TO THE CONTRACT. OH, YOU HAVE TO BRING REVISIONS BACK TO THE CONTRACT. SORRY, EMOTION. AND SECOND. SO WE'LL NEED TO, UM, EITHER AMEND VOTE ON THAT FIRST OR AMEND, AMEND THAT MOTION TO INCORPORATE THESE ADDITIONAL, UM, OKAY. LET'S MAKE A MOTION TO AMEND. YOU CAN ASK FOR A FRIENDLY AMENDMENT, A FRIENDLY AMENDMENT TO, UH, BRING BACK THIS ITEM FOR CITY STAFF TO GIVE US DIRECTION FOR, UH, USES OF, OF, OF OTHER FUNDING FOR THIS CONTRACT. AND THEN THE PEOPLE THAT MADE THE MOTION. IF YOU ACCEPT THAT AMENDMENT, DID HE INCLUDE THE CONTRACT INFORMATION AS WELL, INCLUDING THE CONTRACT INFORMATION AS WELL? YES, LET'S TRY AND MAKE SURE IT WAS MOVED BY SECOND BY CAROLYN SHE'S APPROVING. OKAY. ALL RIGHT. SO THE MOTION IS TO POSTPONE, UH, WE DID, WE DO NOT HAVE A DATE CERTAIN, SO STAFF WILL BRING IT BACK. WHENEVER STAFF IS READY, UH, THE DIRECTION TO STAFF IS TO TAKE ANOTHER LOOK AT FUNDING AND COME UP WITH S I'M NOT EXACTLY SURE WHAT IT'S PARKED DEVELOPMENT FUNDS, SO I'M NOT SURE WHAT THEIR CHARGE IS GOING TO BE. SO WILL THERE BE ANY REVISIONS TO THE CONTRACT? WELL, YEAH. THE SECOND PART IS TO LOOK AT THE INDEMNIFICATION, UH, YES. TO LOOK AT OTHER FUNDING SOURCES FOR THIS TOO, FOR THIS CONTRACT. OKAY. IF I, IF I'M LIKE, IF I'M CLEAR ON THAT, THAT'S ALL WE'RE DOING IS THE CONTRACT RIGHT NOW. WE'RE NOT LOOKING AT DOLLARS TO THE PARKS OR ANYTHING FORTUNATELY WITH THE CONTRACT. SORRY. OKAY. UH, ANY DISCUSSION ON THAT MOTION? UM, UH, TO ADMIT I'M A LITTLE CONFUSED BY IT. ALL, THERE'S BEEN A FEW DIFFERENT MOTIONS MADE. THERE'S BEEN COMMENTS ABOUT, UH, UH, FINDING ANOTHER FUNDING SOURCE. UH, I MEAN, CERTAINLY WE COULD LOOK AT THAT, BUT I COULD, WE COULD JUST GET A CLEAR WHAT WE'RE, WHAT THE MOTION IS AND THE EXACT THING WE'RE, UH, ASKING OF STAFF. ARE WE ASKING THEM TO COME UP WITH A PROPOSAL TO FUND THAT STRETCH OF THE VIBE OUTSIDE OF THE PARKS BOND? YES, SIR. THAT'S PROBABLY WHAT I'M GETTING AT. I'M SORRY. I JUST COULDN'T THINK OF, WELL, I THINK THAT, THAT IS THE, I THINK THAT IS THE REQUEST. I THINK THAT'S THE REQUEST THAT I HAVE AS WELL. YES, SIR. BUT TO PUT THAT MONEY INTO THE NATURAL TRAIL. YES, SIR. THAT'S NOT THE SAME AS SAYING THAT I DON'T WANT TO APPROVE THE SCOPE OF THIS CONTRACT, WHICH IS A DIFFERENT TRAIL. AND THE FUNDING SOURCE HERE IS, IS NOT PARKS, BOND FUNDS. SO WE'VE MADE, WE'RE MAKING NO DECISION YET AS TO EXACTLY HOW WE'RE GOING TO FUND ALL THE DIFFERENT SECTIONS OF THE VIBE. CAUSE THERE'S LOTS OF DIFFERENT AREAS ON THIS MAP THAT ARE BEING PROPOSED, UH, FOR CITY FUNDING WITHOUT HAVING IDENTIFIED HOW WE'RE GOING TO FUND THEM. SO WE DON'T HAVE FUNDING FOR, I DON'T VERY LITTLE IT'S, IT'S THE LOW-HANGING FRUIT ON THE EAST SIDE TRAIL TO SAY, HEY, WE'VE WE DO [02:15:01] HAVE MONEY THERE. AND I UNDERSTAND THAT, BUT IT'S, I THINK WE'LL HAVE TO KEEP WORKING. UH, BUT THERE'S NO WAY WE'RE GOING TO EVEN KNOW HOW MUCH IT COSTS UNTIL WE GO THROUGH THIS PROCESS. SO, UM, YOU KNOW, IF, IF WE, IF WE WERE REQUIRED TO USE THE PARKS BOND MONEY, THAT MIGHT BE ANOTHER SITUATION, BUT THIS IS THE PARK DEVELOPMENT FUND. UM, YOU KNOW, SO, YEP. MAYOR, IF I CAN JUST THAT CLARITY. SO THE PRELIMINARY ENGINEERING REPORT IS REALLY TO HELP THE COUNCIL IDENTIFY THE COST OF THE TRAIL. WE, WE REALLY DON'T KNOW WHAT THAT COST IS. WE'VE GOT VERY BROAD ESTIMATES WHAT IT'LL BE, BUT THIS WILL ALLOW US TO GO IN AND DO THE, GEO-TECH SEE WHAT THE COST OF THE MATERIALS IS GOING TO BE. SO ONCE WE GET THIS REPORT BACK, WE'LL KNOW THE LOCATION. HOW MUCH OF, IF ANY OF THE NATURAL TRAIL WILL BE SUPPLANTED? HOPEFULLY NONE LIKE, LIKE MR. ROSS SAID, UH, AND THEN, AND THEN IT COSTS, BUT THAT WILL COME AFTER THE PRELIMINARY ENGINEERING REPORT. SO REALLY THOSE FUTURE QUESTIONS, WE THERE, THERE'S JUST TOO MANY QUESTION MARKS RIGHT NOW IS WILDCARD UNTIL WE HAVE THIS, THIS FIRST PRELIMINARY REPORT NOW. OKAY. SO YEAH, IT'S, IT'S A CHALLENGING VOTE FOR ME BECAUSE I DON'T THINK STAFF IS GOING TO BE ABLE TO BRING SOMETHING BACK. THAT'S GOING TO SATISFY THE FUNDING QUESTION. UH, I D I DO THINK THAT THIS REPORT WILL HELP US ACTUALLY ANSWER THAT QUESTION. CORRECT. SO I, UM, I DON'T UNDERSTAND THE INDEMNIFICATION LANGUAGE THAT MUCH AS BEING A REASON NOT TO APPROVE. I DON'T, I DON'T MIND, I GUESS, NEGOTIATING THAT, BUT, YOU KNOW, UM, I WOULD LIKE TO SEE A SOLID AGREEMENT IN PLACE BEFORE I VOTE ON IT. AND THAT, AND THAT'S ALL I WAS ASKING FOR. I'M NOT, I WASN'T SAYING NO, I WAS JUST SAYING WE COULD JUST POSTPONE, GIVE PAIGE THE OPPORTUNITY TO LOOK THROUGH IT, ADDRESS HER CONCERNS, AND THEN WE COULD BRING IT BACK. AND I'D LIKE TO BRING IT BACK BY THE NEXT COUNCIL MEETING, IF, IF THAT'S AMENDABLE ACCUSED Y'ALL'S AMENDMENTS AND Y'ALL'S MOTIONS. AND WE COULD, YEAH, JUST, CAN WE JUST RESCIND THE MOTION TO RESCIND MY MOTION ON THE ENTIRE FIELD? OKAY. CAN I GIVE IT A SHOT? I'LL TRY. I JUST, UH, I'D LIKE TO, UH, MAKE A MOTION TO POSTPONE UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING AND TO GIVE, UH, THE CITY ATTORNEY AND STAFF, UH, DIRECTION TO, UH, ENGAGE WITH THE REPRESENTATIVE IN THE CONTRACT AS DISCUSSED THE SECOND. ALL RIGHT. MOVE ON, MAYOR. SECONDED BY CUSTOMER IN FOREST KALE, SIR. DISCUSSION ALL IN FAVOR, SAY AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. THANK YOU. MA'AM YUP. ALL RIGHT. NEXT UP AGENDA ITEM [23.   (First Reading) An ordinance amending Chapter 41 (Subdivisions) of the City of Kyle, Code of Ordinances for the purpose of modifying Sec. 41-1 Definitions (Municipal Utility Easement); Sec. 41-137 Streets, Sec. 41-139 – Crosswalks, Sec. 41-143 Sidewalks & Sec. 41-146 Streetlights, for the purpose of adding requirements for the city-wide trail system (The Vybe). ~ Will Atkinson, Senior Planner   Planning and Zoning Commission voted 4-0 to recommend approval.   Public Hearing ] NUMBER 23, FIRST READING, UH, AND, UH, AN ORDINANCE AMENDING CHAPTER 41 SUBDIVISIONS OF THE CITY OF KYLE, UH, CODE OF ORDINANCES FOR THE PURPOSE OF MODIFYING A SECTION 41 DASH ONE DEFINITIONS, A MUNICIPAL UTILITY EASEMENTS, UH, AND ADDITIONAL SECTIONS RELATED TO CROSSWALKS. UM, THESE ITEMS ARE ALL RELATED TO THE VIBE, UH, AND THEY ALL, I'M SORRY, I'M GOING TO STOP READING THE ITEMS. SO THIS ONE, THE NEXT ONE. AND I, YEAH, SO JUST THESE 2 23, NEXT ONE, THE NEXT 3 25 IS ALSO THE ONE WITH, UH, CHIEF YES. LOCATIONS OF OPERATION, ALL THAT. UH, SO THESE ARE, YOU KNOW, UH, THE NEXT THREE ITEMS IN A ROW, UH, ARE ALL RELATED TO MOVING FORWARD WITH ESTABLISHING RULES AND REGULATIONS. SO, UH, WE WANT TO MOVE THROUGH WITH THESE AS WELL, OR DO WE WANT TO TAKE THEM ALL UP AT THE SAME AT THE SAME TIME? SO I I'D LIKE TO MAKE MOTION TODAY. CALL THREE UP AT THE SAME TIME SINCE THEY'RE ALL. WELL, I THINK HE'S WELL, YEAH. OKAY. HANG ON. I'M GOING TO MOTION FAILS FOR LACK OF A SECOND. WE'LL GET BACK. WHAT I WAS SAYING IS, ARE WE GOING TO POSTPONE THEM UNTIL THE NEXT MEETING, BECAUSE THESE ITEMS ARE OF NO VALUE. IF WE'RE NOT PURSUING THE VIBE AND THE VIBE ISN'T GOING TO BE PURSUED WITHOUT THE ITEM, WE JUST, WE JUST POSTPONED, UM, IS THE, IS, YOU KNOW, SEMINAL MOMENT. SO, WELL, I GUESS MY CONCERN IS JUST BECAUSE WE DON'T PICK THAT ENGINEER DOESN'T MEAN WE WON'T PICK ANOTHER ONE, BUT IF WE PLAN ON HAVING THE VIBE, GETTING THE REST OF IT SET UP, I THINK IS KIND OF IMPORTANT. THIS IS JUST THE ORDINANCES AND SURROUNDING. I THINK THE VIBE IS GOING TO MOVE FORWARD FOR SURE WHO WE USE TO ENGINEER THAT IS GOING TO BE A SEPARATE ISSUE THAN I THINK, THAN WHAT WE'RE ABOUT TO TALK ABOUT. SO IF YOU'RE GOING TO, IN MY OPINION, IS WE JUST DISCUSS THIS PART AS LONG AS WE KNOW WE WANT THE VIBE. WELL, THAT IS THE QUESTION. WE DON'T KNOW THAT TO ME, THAT'S THE, THE, THE, THE, THE, THE, THE HARD MONEY IS WHERE WE GO OVER THE HILL NOW. WELL, I DON'T THINK YOUR MONEY WAS EVEN A PART OF IT. I THINK THAT THE MOTION WAS ONLY FOR, TO LOOK AT THE CONTRACT, BUT IF WE DON'T AGREE IN THAT CONTRACT, THAT DOESN'T MEAN WE CAN'T FIND ANOTHER ENGINEER, OF COURSE, BUT ALL I'M SAYING IS UNTIL WE VOTE TO SPEND THE MONEY [02:20:01] TO START THE PROCESS, THERE IS NO VIBE. SO FOR CREATING RULES AND ORDINANCES AROUND SOMETHING, AND THEN WE'RE NOT, WE'RE NOT ACTUALLY ENGAGING IN THE ENGINEERING TO PUT IT TOGETHER. THEN WE'VE CREATED RULES ABOUT SOMETHING WHICH DOESN'T YET EXIST. AND THE, I DON'T KNOW THAT THERE'S A REASON TO HURRY, UH, ON THESE THREE ITEMS. IS THERE, IS THERE SOMETHING THAT IS RE YOU KNOW, YES, SIR, IF YOU DON'T MIND, THERE'S A COUPLE OF PUBLIC HEARINGS RELATED TO TWO ZONINGS DOWN THE DOWN THE AGENDA THAT HAVE DIRECT RELATION TO THE VIBE AND THE DESIGN COMPONENTS OF IT. OKAY. AND THESE ITEMS ARE GOING TO BE REQUIRED IN ORDER TO TAKE UP THOSE ITEMS. IT WOULD BE HELPFUL TO HAVE THE, UH, THE CODE IN PLACE TO, TO BACK THEM UP. IT'S NOT REQUIRED, BUT IT DOES ADD, UM, IT DOES SOLIDIFY IT A LOT. SO THERE'S NOT A VIBE. ARE THOSE OTHER ITEMS THAT ARE FURTHER ON THE AGENDA STILL RELEVANT? I THINK SO. I THINK THERE'S A, THERE'S AN ASPECT OF IT THAT, UM, FROM A, FROM A OVERALL PLAN OF HAVING THE VIBE, EVEN IF WE DON'T HAVE FUNDING IN PLACE, YET FROM THE CITY'S PERSPECTIVE, IT WILL BE A LITTLE BIT PIECEMEAL COMING ALONG. BUT AS DEVELOPMENT PROPERTIES COME ALONG AND THAT DEVELOP, THEY BUILD THEIR COMPONENT OF IT. EVENTUALLY IT WILL ALL GET CONNECTED AND THE CITY CAN FILL THE GAPS WHERE NECESSARY, JUST WANT TO TELL A VERY SHORT STORY. THIS IS TRAVIS MITCHELL PRIOR TO SITTING HERE WAS TRAVIS MITCHELL SITTING OUT THERE, UH, UH, DEVELOPING AND WAS TOLD THAT I HAD TO BUILD A SIDEWALK. MR. HERB KNOWS ABOUT THIS. UH, MR. WAS WORKING HERE AND WAS REQUIRED TO, UH, WHEN THERE WERE NO BUSINESSES. THE BUSINESS ON MY, UH, IMMEDIATE NORTH HAD NO SIDEWALK. SO I WAS REQUIRED TO SPEND MONEY AND CONNECT A SIDEWALK TO A PROPERTY THAT WAS GRAY, COULD NEVER, THE CITY COULD NEVER MAKE THEM. UH, AND THEN THERE WAS ALSO NOTHING TO THE SOUTH. SO FOR HALF A MILE IN BOTH DIRECTIONS, UH, THERE WAS NO SIDEWALK, BUT I HAD TO PUT IN MINE AS PER CODE. UH, AND THEN LO AND BEHOLD, UH, UH, ANOTHER SIDEWALK COMES THROUGH BY TXDOT AND IT IS NO LONGER, IT WAS NO LONGER REQUIRED. SO DEVELOPERS ARE GOING TO BE TOLD THAT THEY MUST BUILD THIS STRETCH, THIS PIECE. AND SO IT, WHAT I'M TRYING TO SAY IS, AT SOME POINT, WE HAVE TO GET PAST THE POINT OF SAYING, THIS IS SOMETHING WE'RE STILL, YOU KNOW, THINKING ABOUT. AND WE HAVE TO GET TO THE POINT WHERE WE SAY, LOOK, IF WE'RE GOING TO TELL THE DEVELOPERS TO SPEND A TON OF MONEY AND PROPERTY OWNERS, WHOEVER'S BUILDING WHAT TO BUILD THESE HUGE TRAIL, THIS HUGE TRAIL SYSTEM, 12 FOOT WIDE SIDEWALKS AND LIGHTS AND THINGS LIKE THAT. WE HAVE TO BE COMMITTED TO CONNECTING THEM OTHERWISE. THERE'S OTHER WAYS TO AMENITIZE DEVELOPMENT OTHER THAN A 12 FOOT WIDE TRAIL. THAT'S JUST, THAT'S MY THOUGHT. I THINK THE VIBE IS GREAT. I'VE BEEN REALLY EXCITED BY THE DEVELOPMENT COMMUNITY'S RESPONSE, BECAUSE THE WAY THAT JULIE SNYDER, UH, REFERENCED THE BOARD, UH, AND THEIR FEEDBACK, UH, I'VE, I'VE HEARD THAT FROM MANY DIFFERENT DEVELOPERS, BUT IT SEEMS LIKE THE KIND OF ACROSS THE BOARD, THE QUESTION THAT THEY HAVE IS NOT SO MUCH, YOU KNOW, THE, THE, THE COSTS BECAUSE THE COST IS WORTH IT. IF IT'S CONNECTED AND IS ACTUALLY A USABLE SYSTEM, BUT THE QUESTION IS WHETHER OR NOT THE CITY IS GOING TO COMMIT TO THIS LONG-TERM BECAUSE THIS IS GOING TO BE REQUIRED FOR A, IT'S A LONGTERM COMMITMENT TO PUT THIS, THIS TRAIL SYSTEM IN. SO, UM, ANYWAY, I DON'T, I DON'T REALLY KNOW WHAT, WHAT ELSE TO SAY. THE PUD ZONING HAVE TO COME BACK FOR, UH, YOU KNOW, UH, SECOND READING, YOU KNOW, THE ITEMS DOWN IN ANYWAY. SO, UM, AND THEY'RE A LONG WAY AWAY FROM, I JUST WOULD RATHER TAKE THEM EVERYTHING RELATED TO THIS UP AT THE SAME TIME, IF WE'RE GOING TO POSTPONE PERSONALLY. BUT, UH, IS THERE MORE DISCUSSION COMES FROM COURSE? YEAH. I JUST WANT TO STATE THAT. I HAD NO IDEA THAT THE VIBE WASN'T GOING TO HAPPEN UNTIL THIS CAME UP. SO I'M KIND OF CONFUSED BECAUSE SAYING, AND I'M OKAY. EITHER WAY, LIKE AS LONG AS IT'S, THERE'S A LEGIT DISCUSSION, BUT UP UNTIL THIS VERY MOMENT, I DIDN'T REALIZE OTHER PEOPLE WERE NOT INTERESTED IN HAVING THIS. AS FAR AS TALKING ABOUT THE PREVIOUS AGENDA ITEMS. I THOUGHT IT WAS JUST TRYING TO FIND THE RIGHT ENGINEER. IT WASN'T SO MUCH ABOUT FINDING A ENGINEERS JUST ABOUT, OKAY, IS THIS THE RIGHT ONE? IS THIS WHERE I CONTRACT SET A RIGHT MOUNT? I DID NOT. IT DIDN'T DAWN ON ME THAT WE WEREN'T GOING TO MOVE FORWARD WITH THIS. SO I'M STILL AMENDABLE TO MOVING FORWARD. I HAVE NO QUALMS. I THOUGHT THE VIBE WAS A GREAT IDEA EXCEPT FOR THE NAME. AND, AND THAT IS WHAT IT IS. BUT, UM, IF EVERYBODY ELSE IS STILL QUESTIONING IT, THEN I'M OKAY WITH WAITING. OTHERWISE I'M OKAY WITH MOVING ON AS WELL. DOES ANYBODY COME FORWARD? DOES ANYBODY ELSE I WOULD LIKE TO VOTING ON THESE ITEMS? [02:25:01] UH, IS THERE ANYONE ELSE WHO AGREES WITH COUNCILMAN BRADSHAW ABOUT MOVING FORWARD? ALL RIGHT. ALL RIGHT. NEXT UP, AGENDA ITEM NUMBER 23. FIRST READING AN ORDINANCE AMENDING CHAPTER 41 SUBDIVISIONS OF THE CITY OF KYLE CODE OF ORDINANCES. I JUST READ ALL THIS, THIS, UH, I DECIDED HAS A PUBLIC HEARING. UH, IT'S NOW OPEN MR. ACT. AH, THANK YOU. WILL I CAN SEND TO YOUR POINTER. ALL RIGHT. SO BEFORE YOU, IT, THIS IS BROKEN INTO TWO PARTS. WE'VE GOT SUBDIVISION CODE AMENDMENTS IN THE ZONING CODE AMENDMENTS. I'M REALLY EXCITED TO BRING THIS FORWARD. I LIKE EDITING OUR CODE. I THINK I MENTIONED IT AT THE LAST MEETING. UM, BUT THIS IS GOING TO GET THE FOUNDATION IN PLACE FOR ALLOWING THE VIBE AND GIVE DEVELOPERS MORE CONCRETE TOOLS AND REFERENCE MATERIAL TO PULL FROM. UH, THE FIRST ONE IS, UH, JUST CREATING THE DEFINITION OF MUNICIPAL UTILITY EASEMENT. WE DIDN'T HAVE IT, BUT IT'S ALSO GOOD TO KNOW THAT, UM, TO PUT IT IN THERE AND ALSO CREATE A LITTLE BIT ASPECT OF IT, WHERE SOMETIMES IT'S APPROPRIATE TO HAVE A PUBLIC ACCESS EASEMENT ASSOCIATED WITH IT. SECOND ONE IS 41 DASH 1 37 STREETS. AND LET ME SHARE THIS ON THE SCREEN. ALL RIGHT, LET ME GET A LITTLE BIT BIGGER FOR EVERYBODY TO SEE. OKAY. UM, THIS REFERENCES TO WHEN SPACE CONSTRAINTS DO NOT ALLOW THERE TO BE ENOUGH ROOM FOR THE VIBE TO BE SEPARATED FROM THE STREETS. SO, UH, JUST A FEW BULLET POINTS WE WILL DO. WE WILL MAKE ALL EFFORTS TO MAKE SURE THAT A SEPARATE LANE FOR THE SHARED USE PATH, BUT SOMETIMES IT'S NOT GOING TO HAPPEN. UM, IT'S SUPPOSED TO SPEED LIMIT CAN NOT EXCEED 35 MILES PER HOUR AND WHERE WE DO HAVE A SHARED USE PATH. IT NEEDS TO BE CLEARLY DESIGNATED JUST FOR SAFETY SAKE. UM, THERE'S TRANSPORTATION CRITERIA ASSOCIATED WITH IT. I DON'T PRETEND TO KNOW IT, BUT OUR ENGINEERS DO SO. UM, AND THIS DOES KIND OF REFERENCE WHAT LATER ON CHIEF IS PROBABLY GONNA BE TALKING ABOUT RELATED TO GOLF CARTS AND WHAT HAVE YOU AS WELL. SO JUST THIS IS SO, UM, WHEN PEOPLE COME LOOK AT OUR CODE, THEY CAN SEE THAT, UH, SO SEXUALLY JUST ADDS, UH, THE PEDESTRIAN PATH, THE VIBE TO THE CHART, UH, FOR PAVEMENT WITH, AND THE RIGHT AWAY WITH 20 FEET. UM, AND W WHERE FOUND APPROPRIATE. SOMETIMES IT'S MORE APPROPRIATE TO HAVE, UH, AN ACCESS EASEMENT VERSUS RIGHT AWAY. IT JUST KIND OF DEPENDS ON THE PROJECT AND THE LOCATION RELATING THE CROSSWALKS, UM, AS MUCH AS POSSIBLE, THE CROSSWALKS, THE SHARED USE PATH OF THE VIBE NEEDS TO BE GREAT SEPARATED WHEN IT INTERSECTS THE STREETS. WE WANT TO REDUCE CONFLICT POINTS FOR SAFETY PURPOSES, UM, WHERE IT IS GREAT SEPARATED UNDERPASSES, UM, SHOULD BE BUILT WITH A MINIMUM OF A 12 BY 10 BOX CALLED CULVERT, UH, WITH RGB LED LIGHTING, UH, TO BE INSTALLED ANOTHER JUST FOR SAFETY PURPOSES AND MAKE IT LOOK FESTIVE. UM, WHERE GRADE CROSSINGS DO OCCUR, SAFETY BEACONS SUCH AS HOC SIGNALS SHOULD BE IMPLEMENTED OR SHALL BE IMPLEMENTED, UH, SECTION 41 DASH 1 43. THIS IS, UH, THIS ONE GOES A LITTLE BIT BEYOND THE VIBE, BUT IT WAS IT'S, WE'RE GOING TO BE EDITING ANYWAY, JUST KIND OF REALLY EDITED IT. UM, FOR THE LONGEST TIME WE'VE BEEN TELLING DEVELOPERS THEY SHOULD BE BUILDING SIDEWALKS ALONG THE PERIMETER, AND I WANTED TO MAKE SURE IT WAS EXTREMELY CLEAR IN OUR CODE THAT THEY HAD TO DO IT. SO I JUST, I MADE IT MORE CLEAR, UM, WIDENING THE SIDEWALK WITH THE FIVE FEET FROM, FOR, UM, ALLOWING ENOUGH SPACE FOR STREET TREES FROM THE SIDEWALK AND BACK OF CURB. UM, IF THE SIDEWALK CAN NOT BE LOCATED WITHIN THE RIGHT OF WAY DEDICATED EASEMENT REQUIRED, AND THEN IT TALKS ON, IT GOES ON TO TALK ABOUT THE FIVE TRAIL SYSTEM WHERE MOST OF THE TIME THE VIBE TRUST SYSTEM SHOULD BE IN PARKS, DRAINAGE AREAS. AND WHAT HAVE YOU, UM, IF ADJACENT TO THE STREET, THE VIBE WILL TAKE THE PLACE OF ONE OF THE SIDEWALKS. WE DON'T NEED TO DOUBLE UP ON IT. IT'S A WASTE OF RESOURCES. YOU JUST HAVE ONE TAKE OVER THE OTHER. UM, IF THE SHARED USE PATH IS IN THE STREET, THEN THE FIVE FOOT SIDEWALK STILL HAS TO BE OUTSIDE OF THE STREETSCAPE. UH, STREETLIGHTS ADDED A SECTION INTO THERE ABOUT, UM, DECORATIVE LIGHTING POLES OR PULLS IN LIGHTING FIRST OUTLINED IN SUBSECTION E. AND I REALIZED I DID FIT SUBJECT. SHE NEEDED HERE TO REFERENCE, BUT IT'S AN EXISTING CODE SECTION THAT WE HAVE WHERE IT'S TALKS ABOUT THESE SPECIFIC MAKE MODEL OVER DECORATIVE POLES, WHICH WAS UPDATED LAST YEAR. SO THAT IS THE FOUNDATION FOR THE SUBDIVISION AMENDMENTS FOR THE VIBE. ANY QUESTIONS, UM, BEFORE WE DO THE SEDIMENTS PUBLIC HEARING, SORRY, IF YOU JUST WAIT FOR YOU TO, UH, IF THERE ARE NO OBJECTIONS I'M GONNA OPEN THE PUBLIC HEARING, A PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? OKAY. PLEASE STATE YOUR NAME FOR THE RECORD. THANKS FOR HAVING ME. MY NAME IS PATRICK RIORDAN. I REPRESENT JOURNEYMEN GROUP ONE OF THREE DEVELOPERS INVOLVED IN THE BB ROAD, PUD DEVELOPMENT. THAT'S BEEN UNDER CONSIDERATION FOR SOME [02:30:01] TIME HERE. I, UH, I THINK THE COUNCIL AND THE MAYOR FOR HAVING ME UP HERE, I DO APPRECIATE YOUR COMMENTS ABOUT YOUR SIDEWALKS SITUATION WHEN YOU WERE DEVELOPING. SO I AM CONCERNED ABOUT THE DISCUSSIONS HERE TONIGHT. I HAVE ONLY SEEN THE PUB REGULATIONS REGARDING THE VIBE OR THE VIBE REGULATIONS IN THAT PUD DOCUMENT. AND I HAVEN'T SEEN THE MOST CURRENT ONE THAT WAS VOTED ON BY PNC THIS EVENING YET I SAW THE PREVIOUS VERSION. UH, BUT I DON'T IMAGINE THE, THE, THE REQUIREMENTS OR THE DESIRE, UH, THE REGULATIONS IN THAT POD FOR THE VIBE CHANGED ALL THAT MUCH. UH, ONE OF THE REGULATIONS IS THAT WE NEED TO COMPLETE OUR PORTION OF THE PUD OF THE VIBE PRIVATELY ACROSS OUR PROPERTIES, MEANING THAT WE WOULD DESIGN, WE WOULD BUILD, WE WOULD FUND. AND WE WOULD MAINTAIN IN PERPETUITY THAT SECTION OF THE TRAIL, ACCORDING TO THE REGULATIONS THEY'RE WHITE TAKING, YOU KNOW, THAT'S 60 MILES OF PRIVATE TRAIL VERSUS THE 20 THAT THE PUBLIC'S LOOKING AT RIGHT NOW. UM, I'M CONCERNED THAT PART OF THAT REGULATION IS THAT WE COULDN'T GET A CEO OR A TCO ON ANY OF OUR BUILDINGS PRIOR TO THAT BEING A HUNDRED PERCENT COMPLETE. SO IF WE ENTER INTO AN AGREEMENT, UH, TO DO THIS, AND WE, WE DESIGN THIS AND WE SUBMIT IT TO THE CITY PLANNING DEPARTMENT FOR APPROVAL, WE HAVE TO VIRTUALLY BUILD THAT AS SOON AS, UH, WE WOULD BUILD THE FIRST SECTIONS OF THE DEVELOPMENT. UH, YOU MAY BE A LITTLE FAMILIAR WITH IT. AND WE HAD PROPOSED SOMETHING LAST YEAR THAT WAS REJECTED BY THE COUNCIL, AND WE'VE MODIFIED IT, WORK WITH STAFF HEAVILY ON WHAT WE THINK THE CITY WANTS FOR THAT PIECE OF PROPERTY, BUT IT INCLUDES MULTIPLE MULTIFAMILY BUILDINGS, SOME WITH RETAIL ON THE GROUND FLOOR, UH, ANOTHER RETAIL SECTION BY ONE OF THE OTHER DEVELOPERS, UH, THE PIECE OF PROPERTY THAT WE'RE, UH, WE'RE UNDER CONTRACT, WE'D BE MULTIFAMILY VMU WITH RETAIL FACING OUT TO BB ROAD. UH, WHAT I UNDERSTAND FROM TONIGHT'S MEETING. SO, UM, NORMALLY WHEN WE BUILD A MULTIFAMILY, WE BUILD A FIRST BUILDING AND A CLUBHOUSE OR A LEASING CENTER OR AMENITIES WITH THAT BUILDING AND OPEN IT UNDER A TCO WHILE WE'RE BUILDING OTHER SECTIONS OF OUR MULTI-FAMILY PROPERTIES AND BRINGING THEM ONLINE UNTIL FINALLY YOU COMPLETE THE ENTIRE PROJECT OF 400 OR 500 OR 600 UNITS, AND YOU GET A FINAL CEO FROM THE CITY ENTITY, RIGHT? I'M ASSUMING UNDER WHAT'S BEEN WRITTEN, IT WOULD BE MODIFIED ENOUGH TO ACCOMMODATE US A LITTLE BIT, BUT THE EXPECTATION IS FOR THAT TO COME FIRST WITH LEASING AND THE FIRST BUILDINGS OPENING THE FIRST OCCUPANTS RETAIL OR MULTI-FAITH, OR, UH, RENO RESIDENTIAL, UH, WITH THAT, UH, VIBE TRAIL. SO I THINK THE CITY TO GIVE US CONFIDENCE ON THE DEVELOPMENT SIDE, YOU GUYS NEED TO FIGURE OUT YOUR FUNDING ON THIS, AND I THINK YOU NEED TO FIGURE OUT WHAT THE COST IS GOING TO BE AND HAVE THAT SOLID. OTHERWISE, YOU'RE GONNA END UP WITH A LITTLE VIBE NODES EVERYWHERE WITH NO CONNECTING TRAIL BETWEEN, UM, SO THAT'S ONE COMMENT. THE OTHER IS A QUESTION I HAVE, UH, FOR THE CITY, MAYBE FOR THE, THE ATTORNEYS FAIR FOR THE CITY, BUT W IF, IF WE BUILD, WE DEDICATE A PORTION OF OUR PROPERTIES AND WE DESIGN FINANCE BUILD AND MAINTAIN THIS. MY CONCERN IS THE, THE, THE LIABILITY OVERALL, BECAUSE IT'S AN AMENITY FOR THE PUBLIC. IT'S A PUBLIC TRAILWAY, IT'LL HAVE ELECTRIC OR MAYBE GAS, GOLF CARTS ON IT, BICYCLES KIDS ON SCOOTERS, PEOPLE WALKING. UH, I THINK THAT AS A PRIVATE DEVELOPER, WE NEED TO MAINTAIN INDEMNITY. THE CITY NEEDS TO PROVIDE US INDEMNITY FROM LAWSUITS, FROM THE PUBLIC FOR ACCIDENTS ON THIS TRAIL, BECAUSE THEY'RE GONNA HAPPEN. PEOPLE ARE GONNA FALL OFF THEIR BIKES. THEY'RE GONNA, THERE'S GOING TO BE COLLISIONS WITH A GOLF CART ON THE BICYCLE LIST. SOMEBODY'S GOING TO GET THEIR NOGGIN KNOCKED ON THE CONCRETE. SO WE'RE HIGHLY CONCERNED THAT THE CITY IS PREPARING THE CONCEPT OF THIS, THAT YOU WOULD INDEMNIFY US AS PRIVATE OWNERS FROM THOSE TYPES OF LIABILITIES FROM PUBLIC USE. SO I, THAT'S ANOTHER BIG, BIG CONCERN FOR US, NOT JUST THE, YOU KNOW, W WHAT SEQUENCES AT THE END, UH, WE'RE EXCITED ABOUT IT. WE, WE LIKE IT. I HAVE A LOT OF SUGGESTIONS FOR STAFF ABOUT HOW TO WRITE SOME OF THE ISSUES. LIKE ONE OF THE THINGS IN THE PUD SAYS, HERRING, BONE CROSSWALKS. WHY IS IT JUST HERRING BONE? CAN'T EVERY VIBE, NODE BE SOMETHING DIFFERENT. WHAT COLOR, WHAT MATERIAL IS IT? YOU KNOW, AND WE CERTAINLY WOULD WORK WITH THE CITY ON THOSE KINDS OF DESIGN CONCEPTS, AMENITIES, THE MANY COMPS, ART, WATER FEATURES, SHADE, THE KIND OF THINGS YOU NEED TO MAKE IT COME TO LIFE, UH, AND WE'RE WILLING AND ABLE AND PREPARED TO DO SO. BUT I THINK WE NEED SOME, SOME, A LITTLE MORE SUPPORT FROM [02:35:01] ROAMING HEARING HERE FROM THE CITY, UH, IN TERMS OF SOME FLEXIBILITY IN WHAT WE CAN AGREE TO. WE'D LIKE TO GET STARTED ON THIS PROJECT IF AT ALL POSSIBLE, BUT THERE ARE A FEW THINGS I THINK THAT CONNECT TO THIS DISCUSSION HERE TONIGHT THAT ARE IMPORTANT TO CONSIDER. OKAY. THANK YOU. THANK YOU. UH, IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT. SEEING NONE, I'M GOING TO GO AHEAD AND CLOSE. THE PUBLIC HEARING IS NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBER FLOURISH? THANK YOU. AND THANK YOU WILL FOR THE RED LINE. YES. THAT MADE IT MUCH EASIER. UM, AND SO MY FIRST STATEMENT IS GOING TO BE FOR SECTION 41.137, AND I'M JUST GOING TO BEAT THAT DEAD HORSE AND SAY, UH, THIS IS A REALLY GOOD REASON WHY WE NEED A NEW COMP PLAN BECAUSE, YOU KNOW, THE SECOND LINE SAYS SHALL CONFORM TO THE COMPREHENSIVE PLAN OF THE CITY. SO AGAIN, I CAN'T STRESS ENOUGH HOW MUCH WE NEED THAT, UM, SECTION 41 DASH 1, 4, 3 SIDEWALKS. UM, I HAD A CONCERN, A QUESTION, UM, AND WHERE IT READS IN MOST CASES THIS YEAR DO USE PATH SHALL BE LOCATED IN DRAINAGE AREAS, PARKS, FLOOD, PLAIN, ET CETERA. SO WHAT IS THE THOUGHT BEHIND PUTTING THE VIBE IN THESE AREAS THAT COULD FLOOD? THAT'S A FAIR QUESTION. OKAY. SO WHEN I WAS CONSIDERING IT, I DIDN'T WANT TO PIGEONHOLE IT INTO A SPECIFIC AREA IN A PARK IN CASE THE DESIGN REQUIRED IT TO OCCASIONALLY GO INTO THE FLOOD PLAIN INTO A DRAIN AREA OR OVER IT REALLY. UM, I WANTED TO GIVE IT A LITTLE BIT OF FLEXIBILITY. IT'S AS SIMPLE AS THAT, UM, AS THE, UM, I CAN'T REMEMBER THE GENTLEMAN'S NAME, THE ENGINEER WHO WAS, WHO CAME FORWARD, HE KIND OF TALKED ABOUT IT. UM, BUT HE WAS, HE WAS PROBABLY CORRECT IN SAYING MOST OF THE TIME THE VIBE WILL DO WHAT IT CAN TO STAY OUT OF THOSE AREAS, BUT THERE WILL BE TIMES WHERE WE WILL HAVE TO CROSS IT JUST FROM A PRACTICAL PERSPECTIVE. OKAY. IS THERE ANY WAY WHAT I'D LIKE TO SEE IS YOUR IDEA INCORPORATED, BUT NOT SO MUCH AS LIKE IT'S, IT'S, IT'S, IT'S THE POINT OF IT IS TO BE IN THESE AREAS. IF THAT MAKES SENSE WE CAN TWEAK TO MAKE IT MORE SPECIFIC. UM, MAYBE NOT SO MUCH WHERE IT TALKS ABOUT IT'S OKAY TO PUT IT IN FLOOD PLAIN DRAINAGE AREAS, BUT, UM, IT SHOULD BE IN MORE NATURAL AREAS. YEP. YEAH. AND THEN JUST USE IT, WHICH MAY BE LOCATED IN, YOU KNOW, UM, AND THEN NUMBER THREE FOR ITEM OR SECTION 41 POINT OR 41, 1 46 STREETLIGHTS. UM, NUMBER THREE AND NUMBER FOUR, MY ONLY CONCERN IS THE USE OF THESE LOWER LUMINUM LIGHTS ARE GOING TO BE LOCATED IN TRAILS. I WOULD LIKE TO SEE IT A LITTLE MORE LIT UP, AND I KNOW THAT YOU GUYS WANT TO USE DECORATIVE, BUT WHEN IT COMES TO SAFETY, I DON'T CARE WHAT IT LOOKS LIKE SO LONG AS IT'S LIT UP. SO I DON'T KNOW IF WE COULD BE ON HERE IT'S SPECIFICALLY STATES, YOU KNOW, UH, THEY USUALLY USE THE LOWER ALUMINUM. UM, AND I WOULD LIKE TO SEE SOMETHING A LITTLE MORE. I AGREE. I THINK SAFETY IS PARAMOUNT. OKAY. THANKS. ESPECIALLY IF THIS IS GOING TO BE A SUCCESSFUL PROJECT OR CITYWIDE PROJECT, OTHER THAN THAT, IT'S IT'S GOOD JOB. THANK YOU, MAYOR PRO TIMBERS IT'S REAL QUICK. WELL, SO GOING INTO THE LIGHTING, I'M GLAD YOU WENT INTO THAT. UH, WHAT I'D LIKE TO MAKE SURE IS THAT WE'RE NOT USING GAS LIGHTING AND WE'RE GOING TO THE LED AND WE'RE ALSO DOING A, WHAT DO YOU CALL IT? A DARK, DARK SKY INITIATIVE. SO EVERYTHING'S DOWNWARD. OH, ABSOLUTELY. UM, THE SUBSECTION E WHERE IT TALKS ABOUT THE MAKE AND MODEL, IT'S DEFINITELY, IT HAS A BLACK CAP ON THE TOP OF IT. IT'S LIKE A DECORATOR PULLS OUT HERE ON THE, ON THE S-CURVE OF ONE 50, EXCEPT FOR THE BLACK CAP AND THEN FOR DARKSIDE COMPLIANCE. AND I DON'T BELIEVE THEY'RE GAS. I THINK THEY'RE ALL LEDS SOUNDS GOOD. CAUSE I KNOW WE'RE THROUGHOUT THE CITY, WE'RE RETROFITTING A LOT OF OUR OLD GAS MOPES INTO LED AT OUR COST. SO MAKING SURE THAT EVERYTHING THAT WE'RE INSTALLING IN A CITY OF FUTURE IS ALL LED LIGHTING. SO SURE, DEFINITELY CUSTOMER JUST REAL QUICK, MAYBE I DON'T SEE IT HERE, BUT UH, REFERENCING ANY OF THE SIDEWALKS. OF COURSE, WE'RE TALKING ABOUT SAFETY. WILL THERE BE ANY, UM, TELECOM SYSTEM SET UP LIKE AN EMERGENCY PHONE OR ALERT SYSTEM THAT RESIDENTS MIGHT USE ON THE TRAIL? SOMETHING IN THAT DESIGN, UH, WE'D HAVE TO DOUBLE CHECK THE STANDARD DETAIL THAT WAS DESIGNED BY ENGINEERING. UM, BUT I APPRECIATE THAT QUESTION CAUSE I DON'T KNOW THE ANSWER. I KNOW IT'S BEEN PART OF THE CONVERSATION. I JUST DON'T BELIEVE I INCLUDED IT. IT'S IN THE BIPLANE RIGHT NOW, BUT UH, YOU KNOW, WE'RE RUNNING ELECTRICAL CONDUIT AND POTENTIALLY FIBER CONDUIT. SO INSTALLING ONE OF THOSE SAFETY BOXES, WOULDN'T BE OKAY. THANK YOU. [02:40:02] UH, OTHER QUESTIONS, COMMENTS, MARY. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 23. OKAY. ALL RIGHT. LET'S MOVE BY MAYOR PRO TEM RIZZO SECONDED BY COUNCIL MEMBER, FLOREZ, KALE THAT WE PROVED TO NOT HAVE NUMBER 23 IS THE DISCUSSION ON THE MOTION. UM, I WAS GOING TO SUGGEST THAT WE HAVE STAFF BRING BACK AT LEAST SOME OF THOSE REVISIONS. UH, YOU CAN BRING THOSE BACK FOR SECOND READING AND HAVE US, UH, TAKE A LOOK AT THOSE YOU THINK? YEAH, YEAH, DEFINITELY. I MEAN, IF EMOTION STATES SOMETHING TO THE EFFECT OF AS DISCUSSED ON THE DIOCESE OR SOMETHING LIKE, WELL, WE CAN, WE CAN MAKE THE MOTION. I WAS JUST REALLY SAYING LIKE, JUST BRING THEM BACK AND WE'LL INCORPORATE THEM AT THE NEXT TIME. SO IT DOESN'T, IT DIDN'T REALLY MATTER. ALL RIGHT. UH, ANY OTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. NEXT UP AGENDA ITEM [24.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Code of Ordinances for the purpose of modifying Sec. 53-33(n)(4) Parking, Sec. 53-892 Districts and Boundaries, adding Sec. 53-900, and amending Exhibit A, Plum Creek Planned Unit Development, Art. II, Section 1, for the purpose of adding requirements for the city-wide trail system (The Vybe).~ Will Atkinson, Senior Planner   P&Z voted to approve the exhibits as written with one amendment. The amendment is to allow a maximum of 20% of the parking to be replaced with golf cart parking, with a maximum of 26 golf cart spaces.   Public Hearing ] NUMBER 24. UH, FIRST READING AND ORDINANCE AMENDING CHAPTER 53 OF THE CITY OF KYLE CODE ORDINANCES FOR THE PURPOSE OF MODIFYING A SECTION 53 DASH 33 PARKING, UH, AND, UH, MEANING EXHIBIT A, UH, THE PLUM CREEK, UH, PUD FOR THE PURPOSES OF REQUIRING CITY, UH, WIDE TRAIL SYSTEM DECIDED ALSO HAS A PUBLIC HEARING DISTRACT. THANK YOU, UH, WILKINSON SENIOR PLANNER FOR THE RECORD. ALL RIGHT. UH, THE OTHER SIDE OF THIS COIN IS THE ZONING ASPECT FOR CREATING THE VIBE. AND WE'LL START OUT WITH THE SMALLER STUFF, THE STUFF THAT'S EASIER TO ACCOUNT FOR. UM, SO IN BOTH CASES FOR SECTION 53 33 N AND THE PLUM CREEK PUD PORTION, THIS IS JUST IMPLEMENTING AN ALLOWANCE FOR GOLF CART PARKING, UH, ASSOCIATED WITH THE VIBE. IF WE'RE GOING TO BE ENCOURAGING PEOPLE TO USE GOLF CARTS ALL AROUND THE CITY, WE SHOULD ALSO ADJUST OUR PARKING PLANS TO BE ABLE TO ACCOUNT FOR THIS AS WELL. UM, APART A GOLF CART DOESN'T NEED TO BE IN, UH, 18 AND A HALF FOOT WIDE, NINE FOOT WIDE OR NINE FOOT DEEP SPACE, EXCUSE ME, OTHER WAY AROUND 18 AND A HALF FEET DEEP, NINE FEET WIDE. UH, IT CAN BE IN AS LITTLE AS SIX FEET BY FOUR FEET. SO, UM, WE'RE NOT REQUIRING GOLF CART PARKING TO BE PUT IN. I THINK IT'S, UM, APPROPRIATE THAT THE DEVELOPER WOULD, WE SHOULD ENCOURAGE AND THEY SHOULD HAVE THE CHOICE TO DO IT. UH, BUT IF THEY DO THE MINIMUM THEY HAVE TO BUILD IS TO, UH, SPACES FOR THE FIRST 20,000 SQUARE FEET, FEET OF A BUILDING WITH TWO APPROPRIATE CHARGING STATIONS. NOW, IF YOU'RE WONDERING WHERE I CAME UP WITH THAT NUMBER, I LOOKED ALL ACROSS THE U S AS MUCH AS I POSSIBLY COULD AND THERE'S NOTHING. SO I HAD TO COME UP WITH THIS PORTION OF IT. BUT AS AN EXAMPLE, UM, WHEN I WAS TRYING TO FIGURE OUT, OKAY, WHAT WOULD BE AN APPROPRIATE MINIMUM PARKING RATIO IF THEY'RE GOING TO DO IT? I ESSENTIALLY, I TOOK THE, UH, THAT RETAIL STRIP CENTER WHERE FIVE GUYS IS A MOD PIZZA. UH, JUST TOOK A LOOK AT IT FROM HOW MANY PARKING SPACES THEY HAVE, AND THAT'S ABOUT 20,000 SQUARE FEET FOR THE BUILDING. AND I SAID, OKAY, IT'S PROBABLY APPROPRIATE THAT YOU CAN HAVE TWO PARKING SPACES THERE FOR GOLF CARTS STARTING OUT. IT JUST SEEMED LIKE A GOOD NUMBER, UM, TO GO ABOVE THAT MINIMUM, UM, GOLF CART PARKING IS ALLOWED TO REPLACE STANDARD PARKING AT A TWO TO ONE RATIO WITH A MAXIMUM OF 20% OF REQUIRED PARKING. SO IN THE CASE OF A HUNDRED STALL PARKING AREA, YOU COULD REPLACE IT, UH, 20 OF THOSE PARKING SPACES WITH 40 GOLF CART PARKING SPACES. NOW THAT SEEMS LIKE A BIT MUCH. SO WHENEVER WE WERE TALKING WITH THE PLANNING AND ZONING COMMISSION, THEY RECOMMENDED, AND THEY VOTED ACCORDINGLY TO THIS, TO, UM, TO THEY, THEY WERE OKAY WITH THIS, BUT CAP IT AT A SPECIFIC NUMBER OF 26 GOLF CARTS, MAXIMUM PER PROJECT. SO THAT WAY IT ACCOUNTS FOR LARGER PROJECTS AND ALSO SMALLER AS WELL WHEN IT COMES TO PERCENTAGES VERSUS REAL NUMBERS. SO THEY WANTED TO GET THE BIG GUYS AND THE LITTLE GUYS ALSO INCORPORATED INTO THAT. UM, AND IT SEEMS LIKE A GOOD IDEA. I HAD NO PROBLEM WITH THEIR RECOMMENDATION VOTE. NOW SECTION 53 DASH 8 9 2. UM, THE VIBE GENERALLY FROM A ZONING PERSPECTIVE IS GOING TO ACT AS AN OVERLAY DISTRICT. SO I WANTED TO THROW IT INTO THE SECTION TO CREATE AN EIGHTH OVERLAY DISTRICT ACCORDINGLY. AND AT THE SAME TIME, I WANTED TO BE ABLE TO AMEND SUBSECTION NUMBER FOUR RELATED TO THE REBEL DRIVE OVERLAY BECAUSE WE CHANGED THE NAME IT NEEDED TO BE ACCOUNTED FOR LAST, THE BIG ONE. WHAT IS THE VIBE? SO WHAT I DID IN THIS CASE, I DIDN'T WANT TO NECESSARILY RECREATE THE WHEEL CONCEPTUALLY OF WHAT THE VIBE IS. I DID TAKE MR. SELLERS STAFF REPORT THAT HE PUT ALL TOGETHER TO CONCEPTUALLY CREATE THE VIBE BECAUSE IT'S A GOOD, IT'S A VERY GOOD, VERY WELL PUT TOGETHER DOCUMENT. AND I THREW IT INTO THE ZONING CODE AND CREATING SECTION 53 DASH 900. UM, I DID A MINUTE AT THE VERY BOTTOM [02:45:02] WHERE IT TALKS ABOUT HOW YOU CREATE A VIBE SPOT, WHICH IS ONE OF TWO COMPONENTS OF THE VIBE PART OF ITS TRAIL. PART OF IT IS THIS, THESE NOTABLE TYPE HIGHER DENSITY, ENTERTAINMENT TYPE DEVELOPMENTS. AND, UM, JUST SO WE HAD A PROCESS MOVING FORWARD FROM A ZONING PERSPECTIVE AND IT'LL COME DOWN TO TWO PARTS IT'S MOST OF THE TIME IT'S GOING TO BE AS PART OF A PUD ZONING PUNT PROJECT, WHERE IT'S UNIFIED AS ONE ENTIRE PROJECT, IT MELDS TOGETHER VERY WELL. AND IT MAKES SENSE. OCCASIONALLY THERE WILL BE SMALLER SCALE PROJECTS THAT HAVE A VIBE UNTO ITSELF, AND THEY CAN GO THROUGH A CONDITIONAL USE PROCESS, A CONDITIONAL USE PERMIT BECAUSE THEY WILL BE SMALLER SCALE. UM, AND WHEN WE TALK ABOUT THAT, UM, THERE'S DIFFERENT ASPECTS OF IT WHERE WE, WHAT WE SHOULD EXPECT IN VIBE, UH, SYSTEMS AS WELL, LIKE VERTICAL MIXED USE, TOWNHOMES RESTAURANTS, OUTDOOR AMPHITHEATERS, YOU NAME IT. BUT I ALSO WANTED TO GIVE COUNCIL FLEXIBILITY TO CREATE GREAT PLACES IN THE PROCESS. SO IT'S, IT'S THIS, THE VIBE NODE IN ITSELF IS VERY PROGRESSIVE FROM A ZONING PERSPECTIVE, BUT IT IS GOOD AND COUNCIL AND THE PLANNING AND ZONING COMMISSION AND STAFF WILL HAVE THE FLEXIBILITY TO CREATE AND WORK WITH DEVELOPERS TO CREATE THESE GREAT PLACES. AND THAT'S HOW WE CAME TO THIS POINT. DO YOU ALL HAVE ANY QUESTIONS, UH, PUBLIC HEARING THIS ITEM HAS A PUBLIC HEARING. SO IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? ALL RIGHT. SEEING NONE, I'M GOING TO CLOSE THE PUBLIC HEARING. IT'S NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS COUNCILOR FLOURISH? I THINK I JUST, I JUST WANT TO SAY THANK YOU FOR PUTTING THE CARE AND THOUGHT INTO IT THAT YOU DID. I'M NOT GOING TO SPEAK MUCH. I THINK I DO THAT ENOUGH, BUT THANK YOU VERY MUCH. I WENT THROUGH ALL THIS OTHER THAN THE, ALL THE UNDERLYING STUFF, WHICH WE'RE JUST GOING TO NOT UNDERLINE. I'M SORRY. UM, THIS WAS, THIS IS REALLY HEARTFELT WELL-WRITTEN SO THANK YOU VERY MUCH. IT'S MY PLEASURE. BUT THE BULK OF IT, THE VIBE THAT WAS THIS GUY RIGHT HERE. SO I JUST ADMITTED IT. I TWEAKED IT A LITTLE BIT. SO, UM, THE, THE PNCS RECOMMENDED AMENDMENT TO, UH, HAVE A MAXIMUM OF 20% PARKING SPACES. LET ME GO BACK TO THAT REAL QUICK WITH A MAXIMUM OF 26 GOLF CART SPACES. YEAH. LET ME JUST CLARIFY THAT REAL QUICK. MAKE SURE I'M ALLOW IT. YES. ALLOW A MAXIMUM OF 20% OF THE PARKING TO REPLACE A GOLF CART PARKING WITH A MAXIMUM OF 26 GOLF SCAR GOLF CARTS. OKAY. SO THOSE, UH, AMENDMENTS WERE NOT, UH, THAT WAS NOT IN THERE. WHEN YOU PROPOSED TO P AND Z THEY'VE, THEY REQUESTED AN AMENDMENT. YOU HAVE ALREADY MADE THE CHANGES OR HAVE NOT. OKAY. SO RIGHT. I I'M FINE WITH IT. SO I'D LIKE TO MAKE A MOTION TO APPROVE AND I'M IN THE CONTRACT TO BE CONSISTENT WITH PNCS RECOMMENDATION. OKAY. MOVE BY THAT MAYOR SECONDED BY COUNCILLOR FLOORS. KALE'S THROUGH DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR, SAY, AYE, ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. UH, NEXT UP AGENDA [25.   An Ordinance of the City of Kyle, Texas, Amending Chapter 47, Article I, By Amending Section 47-1 Definitions; Amending Article VI, By Amending Section 47-182 Permitted Locations of Operation, And Section 47-183 Registration Permit; And Providing For Related Matters. ~ Jeff Barnett, Chief of Police ] ITEM NUMBER 25, AN ORDINANCE OF THE CITY OF KYLE TEXAS AMENDING CHAPTER 47, UH, BY AMENDING 47 1 D DEFINITIONS. I CAN NEVER GET TO THE PIECE THAT MAKES SENSE SO THAT PEOPLE UNDERSTAND WHAT WE'RE TALKING ABOUT. SO, UM, CHIEF BARNETT, ITEM 25, WHAT IS THIS? THANK YOU, MARION COUNCIL. I'LL TRY TO DO THAT FOR YOU. UH, THIS IS VERY SIMPLY ADDING THE ABILITY FOR GOLF CARTS TO BE OPERATED ON APPROVED TRAILS AND TRAIL WAYS THE ATTORNEYS HAVE ADDED THE LANGUAGE THAT WOULD COVER THAT, UH, ON ANY CITY KYLE TRAIL MAP. AND THEN SECONDLY, WE ARE REMINDING THE PUBLIC THAT YOU NOW HAVE TO HAVE A LICENSE PLATE. THAT'S KIND OF GOING BACK AND FORTH AT THE STATE LEVEL. THEY'VE RE-INSTITUTED THAT? AND YOU GET THAT AT YOUR LOCAL VEHICLE REGISTRATION OFFICE. UH, BUT OUR INTENT IS TO ALLOW GOLF CARTS OWN THE CITY APPROVED TRAIL SYSTEM THAT YOU'VE BEEN SPEAKING ABOUT EARLIER THIS EVENING. ALL RIGHT. THANK YOU, CHIEF. DOES ANYBODY HAVE ANY DISCUSSION? YEAH, CHIEF, UH, WHEN I WAS LOOKING AT THESE, UH, REQUIREMENTS, ONE OF THE THINGS THAT WE'RE LACKING IS A REQUIREMENT OF THE SPEED LIMIT ON THE TRAIL. AND WHAT I'M TALKING ABOUT IS THE MAXIMUM A VEHICLE CAN DRIVE ON THESE TRAILS. SO MOST OF THESE TOP MALFA, I BELIEVE THAT 24 MILES AN HOUR, SO THAT'S THE FASTEST A VEHICLE CAN OPERATE ON THAT TRAIL. THAT MEANS IF A VEHICLE WAS ABLE TO TRAVEL FASTER IN THAT IT'S NOT ALLOWED ON THE TRAIL. SO IT'S SOMETHING WE NEED TO DO TO KEEP OUR CITIZENS SAFE. IT'S SOMETHING THAT WE NEED TO, IF NOT, WE'RE GOING TO GET ALL KINDS OF VEHICLES ON THERE. SO THE MAXIMUM I'VE SEEN IN MOST CITIES IS 24 MILES AN HOUR OF A VEHICLE CAN TOP OVER 24 MILES AN HOUR AND IS NOT ALLOWED ON TRAIL, BUT IT'S OPEN TO COUNCIL TO SEE WHAT THEY WANT TO DO AS FAR AS LIMITING THE, I THINK I CAN [02:50:01] ADDRESS THAT. SO THIS ORDINANCE IS SPECIFIC TO GOLF CARTS AND NOT ANY OTHER TYPE OF VEHICLE THAT YOU MAY SEE OUT ON THE ROADWAY BY ANY OTHER DEFINITION. AND BY DEFINITION, THAT MEANS THAT THAT VEHICLE COULD NOT GO OVER 25. IT CAN NOT BE, UH, BUILT OR CONSTRUCTED TO TRAVEL MORE THAN 25 MILES PER HOUR BY ITS BASIC DEFINITION. SO THAT'S ALREADY IN HERE. OKAY. SO I, I DIDN'T REALLY SEE IT'S AUGUST. I MISSED IT CAUSE I KNOW SOME GOLF, GOLF CARTS, THEY'RE GAS AND THEY'RE, UM, TINKERED WITH A LITTLE BIT, BUT EVEN THE ELECTRIC ONES ARE, I KNOW MY GOLF CART HAS BEEN TINKERED WITH A LITTLE BIT, MY ELECTRIC ONE AND IT CAN PROBABLY DO ABOUT 32 MILES AN HOUR, 35, SOMETIMES A DOWNHILL. BUT YEAH, DEFINITELY MAKING SURE THAT WE KEEP EVERYBODY ON THESE TRAILS SAFE AND LIMITING THE SPEED THAT THESE VEHICLES CAN TRAVEL. IT CUTS FROM ALISON. SO, UH, THE SPEED WAS ALSO ONE OF MY CONCERNS AND I FIGURED WE'D PROBABLY ADDRESS IT ON HERE. SO, UH, CHIEF, YOU WERE SAYING THAT IT STATES IN HERE THAT IT'S, UH, MAXED OUT AT 25 IN OUR, IN OUR FULL ORDINANCE. THIS, THIS ONLY APPLIES TO GOLF CARTS AND GOLF CARTS ARE LIMITED TO 25 MILE AN HOUR. MAXIMUM SPEED. YES, SIR. YOU'RE SAYING THAT'S THE CURRENT ORDINANCE IN THE CURRENT ORDINANCE. SO WE'RE JUST AMENDING THAT CURRENT ORDINANCE. SO THE, THE ORDINANCE I'M LOOKING AT IN THE BACK OF MATERIAL SAYS THAT PROVIDES FOR NO MORE THAN TWO LANES OF VEHICLE TRAFFIC PER DIRECTION, WHERE THE POSTED SPEED LIMIT IS 35 MILES PER HOUR OR LESS. I MEAN, IF, IF YOU'RE SAYING THAT THE MAXIMUM THEY CAN GO IS 25. I MEAN, I'M FINE WITH THAT. IF THAT'S AS, AS THE TOP COP HERE, YOU'RE SAYING THAT'S WHAT THE LAW SAYS. UH I'M I'M IN FAVOR OF THAT. 35 WAS JUST A BIT HIGH FOR ME. SO THAT WAS MY, WHAT IF THAT'S WHAT THE LANGUAGE SAYS? AND THAT'S WHERE YOU'RE SAYING IT, I'M FINE WITH THAT. BUT I WOULD, IF NOT, MY PROPOSAL WAS GOING TO BE TO LOWER IT TO 25. I WANT TO FIND IT FOR YOU AT THE SAME TIME AS I'M FLIPPING THROUGH HERE. SO I FOUND THE INFORMATION WHERE IT'S TALKING ABOUT SLOW MOVING VEHICLE. UH, GO AHEAD. YES, SIR. ALRIGHT. CUSTOMER TOBY'S. YES. UNDER TEXAS TRANSPORTATION CODE, SECTION 5 0 2 0 1. I BELIEVE IT STATES HERE A GOLF CART THAT IS OPERATED AS SPEED OF NOT MORE THAN 25 MILES PER HOUR SHALL DISPLAY A SLOW MOVING VEHICLE EMBLEM WHEN IT IS BEING OPERATED. BUT IT SAYS HERE ON A PUBLIC HIGHWAY. SO IS THERE ANYWHERE ON THE AIR THERE WHERE IT SAYS THAT IT COULD BE LIKE A EMBLEM THAT IS TO BE ON THE TRAIL? I FOUND THAT ON PAGE THREE AND I DON'T THINK THAT THERE IS, I SEE WHAT YOU'RE ASKING. NO, SIR. I DON'T BELIEVE THAT IT IS THAT SPECIFIC TO THE TRAIL. OKAY. AND I THINK THAT'S WHERE I WAS GETTING THE SAME 25 MILE AN HOUR WHERE WE'RE TALKING ABOUT THE SLOW MOVING EMBLEM. SO IF WE NEED TO BE MORE SPECIFIC, CAN I THINK SO, AND IT'S LIMITING VEHICLES THAT CAN TRAVEL OVER 25 FROM BEING ON THE TRAIL. IF YOUR VEHICLE WAS OVER 25 MILES AN HOUR, YOU SHOULDN'T BE ON THE TRAIL. THESE, THESE ARE SLOW MOVING TRAILS. THEY'VE GOT PEDESTRIANS, THEY HAVE BIKES. SHOULDN'T HAVE ANYTHING THAT CAN GO OVER THAT BECAUSE PEOPLE ARE GOING TO SPEED. I MEAN, WE SEE IT ALL OVER TOWN. SO IF, IF YOU HAVE A ALLOW VEHICLE THAT CAN GO OVER 25, THEY'RE GOING TO TAKE ADVANTAGE OF IT. YES, SIR. WE CAN DO THAT. YEAH. THAT COULD BE A RECOMMENDATION. WE CAN JUST HAVE THE CITY OF KYLE KIND OF A STICKER OR SOMETHING ON THERE. WHAT MAKES IT REQUIRED OF THAT? YES, SIR. SO OUR, OUR EXISTING ORDINANCE REQUIRES A REGISTRATION COMPONENT WHERE THEY HAVE TO REGISTER WITH THE LOCAL POLICE DEPARTMENT. AND WE DO ISSUE A STICKER THAT THEY HAVE TO DISPLAY ON THEIR VEHICLE. YES, SIR. YES. MAY I ASK HOW YOU GUYS FIGURE OUT IF IT GOES FASTER THAN 35? LIKE I HAVE ONE AND IT DOESN'T HAVE A SPEEDOMETER, SO HOW DO WE FIGURE OUT HOW FAST IT GOES? YEAH, THAT'S A GOOD QUESTION. ESPECIALLY IF SOMEBODY MAKES A MODIFICATION OR SOMETHING THAT WOULDN'T NECESSARILY BE, UM, COMPLETELY VISIBLE TO AN OFFICER THAT CHECKS OUT THE VEHICLE. I'M ASSUMING THAT PART OF OUR INSPECTION PROCESS, BECAUSE THEY COME AND REGISTER AT OUR WINDOW AND AN OFFICER WILL GO OUT FROM OUR COMMUNITY ENGAGEMENT DIVISION AND WE'LL GO OUT AND LOOK AT THAT GOLF CART. UH, I'M ASSUMING THAT THEY'RE ASKING THEM IF THERE'S ANY MODIFICATIONS TO THAT VEHICLE, BUT YOU'RE RIGHT. WE, WE DON'T NECESSARILY TEST DRIVE IT. SO THERE'S NO WAY THAT WE'RE CONFIRMING THAT IT DOESN'T GO MORE THAN 25 MILES AN HOUR, OTHER THAN ASKING THEM ABOUT THE BASIC, THE BASIC, UH, VEHICLES. SEE IF THERE'S ANY MODIFICATIONS TO IT. THAT'S RAILS. COULD WE PERHAPS CATCH THAT ON THE BACKEND? IF THERE WAS SOMETHING IN THE APPLICATION THAT HAD THEM STATE THAT THEY HAVE NOT MODIFIED THIS VEHICLE THAT THEY'RE REGISTERING WITH THE CITY TO GO MORE THAN 25 MILES PER HOUR, [02:55:02] THEY MAKE THAT STATEMENT AND WE HAVE THAT STATEMENT ON RECORD AND THEY'RE SIGNED. AND THEN IF THEY EVER GET PULLED OVER FOR WHATEVER REASON AND THEY ARE ABOVE THAT SPEED LIMIT, THEN THERE'S A HEFTY FINE OR PENALTY FOR OH, ABSOLUTELY. THEY WOULD BE FALSIFYING A GOVERNMENT RECORD, WHICH TECHNICALLY IN TEXAS COULD BE A FELONY. SO THAT, THAT WOULD BE A MUCH MORE SERIOUS CRIME. SO YES, SIR. WE CAN DEFINITELY DO THAT. I CAN ADD THAT TO THAT REGISTRATION SHEET. UH, ANY OTHER COMMENTS, UH, ARE YOU, DID I HEAR SUGGESTIONS OF AMENDING TO MAKE IT MORE CLEAR ABOUT THE SPEED LIMIT? UM, I'M GONNA MAKE A MOTION, MARY. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 25 WITH THE AMENDMENT OF ADDRESSING THE SPEED LIMITS FOR THE GOLF CARTS ON THE TRUST SYSTEM. YES. AGAIN, ALL RIGHT. TO MOVE BY. MAYOR PRO TEM RIZZO SECONDED BY COUNCILLOR TOBY IS THAT WE APPROVE, UH, AND DIRECT STAFF TO AMEND THE CONTRACT TO SET A MAXIMUM SPEED LIMIT OF 25 MILES PER HOUR FOR ALL GOLF CARTS ON THE, ON THE PATH. YES, SIR. ALL RIGHT. IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES. ALRIGHT. NEXT UP AGENDA ITEM NUMBER [26.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of rezoning approximately 15.542 acres of land to ‘PUD MXD’ for property located at 5839 Kyle Parkway, in Hays County, Texas. CTC Residential LLC (Z-21-0091) ~ William Atkinson, Senior Planner   Planning and Zoning Commission voted 4-0 to recommend approval of the request.   Public Hearing ] 26. FIRST READING AN ORDINANCE AMENDING CHAPTER 53 ZONING OF THE CITY OF KYLE TEXAS FOR THE PURPOSE OF REZONING, APPROXIMATELY 15.54, TWO ACRES OF LAND TO A PUD FOR PUTIN MXD FOR PROPERTY LOCATED AT 58, UH, 39 KYLE PARKWAY IN HAYES COUNTY, TEXAS. UH, MR. ATKINSON BESIDE HIM DOES HAVE PUBLIC HEARINGS. I'M BACK, UH, WILKINSON'S SENIOR PLANNER FOR THE RECORD. THIS IS PETITION NUMBER Z 21 DASH 0 0 9 1 4 PROPERTY AT 58 39 KYLE PARKWAY. UM, THERE'S A SATELLITE IMAGE OF IT. IT'S BETWEEN SETON HOSPITAL THERE TO THE SOUTHEAST AND LOWE'S TO THE NORTHWEST. IT'S ON AN UNDEVELOPED PARCEL UP AGAINST SETON PARKWAY ITSELF. UH, RIGHT NOW IT'S CURRENTLY ZONED RETAIL SERVICES, UH, WITH THE EXCEPTION OF THE HOSPITAL TO THE SOUTHEAST, ALL THE SURROUNDING LAND IS ALSO HIS OWN RETAIL SERVICES, WHICH IS YOUR GENERAL HIGHWAY COMMERCIAL. THEY ARE REQUESTING TO REZONE TO PUD MXD. UM, IT HAS BEEN STAFF'S PREFERENCE, UM, THAT ANYTIME SOMEONE COME IN FOR A HIGHER DENSITY DEVELOPMENT, THAT THEY HAVE A VERTICAL MIXED USE COMPONENT TO IT. HOWEVER, IN NEGOTIATIONS WITH WHAT WE'RE WANTING TO SEE, WHERE THERE ENDS UP BEING A PUD MIXED USE DEVELOPMENT, BECAUSE THERE ARE BUILDINGS IN IT THAT ARE AWAY FROM THE RIGHT OF WAY THAT ARE 100% MULTI-FAMILY. NOW WHAT ENDS UP HAPPENING IS WE GET THE MOST IMPORTANT PARTS OF IT TO BE VERTICAL MIXED USE, WHICH WE WOULD LOVE THE GROUND FLOOR COMMERCIAL. WE LOVE THE MULTI-FAMILY, BUT, BUT WE WANTED TO ACTIVATE THE STREET. WE WANT THAT STREET SCENE, BUT WE'RE OKAY WITH, UM, WITH MORE MULTIFAMILY BACK BEHIND IT, WHICH IS MIXING A LITTLE BIT MORE FLEXIBLE FROM A MIXED USE PERSPECTIVE. CURRENTLY OUR, OUR, OUR MIXED USE ZONING DISTRICT DOESN'T FUNCTION AS WELL AS WE WOULD LIKE IT TO. SO THEY CAME IN WANTING TO DO MULTI-FAMILY FIRST AND WE CONVINCED THEM TO DO A PORTION OF IT MXD. SO WE'RE, WE'RE HAPPIER ABOUT WHAT, WHERE IT'S COMING FROM. ALRIGHT. UM, THE ZONING, UH, WITH IT WITH A PUD AND MAKE, GIVES IT MORE FLEXIBILITY AND ALLOWS US TO BE ABLE TO, UM, ACCOUNT FOR THOSE THINGS THAT DON'T WORK AS WELL AS WELL. SO ON THE COMP PLAN PERSPECTIVE, UM, RIGHT FOR YOU, RIGHT THERE IS THE EVERYTHING YOU READ IS IN THE SUPER REGIONAL AND O WHICH IS OUR NODE, WHICH IS OUR HIGHEST INTENSITY USE AND LAND USE DISTRICT IN THE CITY. THIS IS 100% IN IT. YOU SHOULD EXPECT VERTICAL MIXES, YOU SHOULD EXPECT HIGHER DENSITY RESIDENTIAL. IT MAKES SENSE. AND A MXD IS RECOMMENDED FROM THE SUPER REGIONAL NODE PERSPECTIVE. IT'S ON 15 ACRES AS PREVIOUSLY STATED, UM, AN UNDEVELOPED PATH BETWEEN LOWE'S AND SETON HOSPITAL. UM, THERE'S A, THERE'S A COMMERCIAL AGGREGATION IN WHAT HAPPENS TO THE SUPER REGIONAL NODE. HIGHER DENSITY USES AND SCALE OF USES BEGET. EACH OTHER ONE GOES IN AND OUT OTHER THEN COMES IN AND IT JUST ALL WORKS WELL TOGETHER. IF IT'S DESIGNED APPROPRIATELY AND YOU GET PEOPLE WALKING AROUND YOU, PEOPLE DRIVING THERE, IT MAKES IT A BETTER PLACE FROM BOTH A TAX PERSPECTIVE AND FOR WHAT YOU WANT TO SEE IN THE CITY, FROM THE BUILT ENVIRONMENT. SO, UM, WE WORKED BACK AND FORTH WITH THE, WITH THE DEVELOPER, AND THIS IS WHAT WE CAME OUT TO. SO-SO TWO VERTICAL MIXED USE BUILDINGS ADJACENT TO SETON PARKWAY, WHICH IS THE MAIN ENTRANCE ON THE PROJECT. UH, THE NORTHERN VERTICAL MIXED USE BUILDING IS INTENDED TO HOUSE A MICROBREWERY OR SOMETHING SIMILAR [03:00:01] AND AN OUTSIDE DINING ENTERTAINMENT AREA ADJACENT TO THE VIBE TRAIL. UM, THE LINEAR FOOTAGE OF THE VIVE TRAIL IS APPROXIMATELY 1900 FEET. IT MAY BE A LITTLE LESS, MAYBE A LITTLE BIT MORE. WE DID IT FROM A PRACTICAL PERSPECTIVE. WE'LL GET IT WORKED OUT IN THE SITE DESIGN. UM, BUT IT'S GOING TO BE AT THE SOUTHERN AND THE EASTERN BOUNDARIES OF THE PROPERTY, UH, WITH THE NORTHERN VMU AN OUTDOOR DINING AREA, FORMING A VIBE SPOT. UH, THEY'RE GOING TO HAVE PARALLEL PARKING ALONG THE SOUTHERN BOUNDARY AND THE WESTERN EDGE OF SETON PARKWAY WITH AN ASSOCIATED URBAN STREETSCAPE WITH STREET TREES AS APPROPRIATE. UM, IN ADDITION TO THE PARKING INTERNAL, UM, THEY DO HAVE CERTAIN EXEMPTIONS DO OUR MXD CODE THAT ADVERSELY AFFECT THE CREATION OF THE VMU PROJECT. UM, AND THEY WILL HAVE FOR NON VERTICAL MIXED USE BUILDINGS BEHIND AN OFF THE BEATEN PATH OF SETON PARKWAY IN ITSELF. UH, WHENEVER WE GET INTO THE, UM, WHAT WE EXPECT THOSE BILLINGS TO LOOK LIKE BOTH VERTICAL MIXED USE AND NON VERTICAL MIXED USE, WE'RE GOING TO BE ENTERING INTO, UM, AN APPROPRIATE LEGAL DOCUMENT TO ACCOUNT FOR THAT. UM, CAUSE WE WANT THEM TO BE AN URBAN STYLE PROJECT AND THAT'S GOING TO COME A LITTLE BIT FAR FOLLOWING THIS. UM, THEY ARE HAVING CHANGES TO PARKING RATIO CALCULATIONS. THE WAY IT CURRENTLY READS IS IT'S SUPPOSED TO HAVE A MIX AND A VIEW OF PARKING TO ACCOUNT FOR AN OVERLAP INTO THE, UH, THE INSTITUTE OF TRAFFIC ENGINEERS. BUT WHEN YOU ACTUALLY GO AND DO THOSE CALCULATIONS, IT DOESN'T GIVE A, A GREAT RESULT. IT DOESN'T REALLY PROVIDE CLARIFICATION AS WE FOUND OUT ON A PREVIOUS PROJECT. UM, AND THEN THEY'RE GOING TO BE DOING RIGHT AWAY, DEDICATION FOR THE EXPECTED NORTHERN EXTENSION OF SETON PARKWAY ACROSS THE BUTTON BRANCH OF PLUM CREEK, BUT THAT'S GOING TO GO TO THEIR NORTHERN PROPERTY LINE. SO WHEN WE TOOK THIS TO P AND Z, UH, THEY WERE PRETTY MUCH ON BOARD WITH IT WITH ONE EXCEPTION AND, UH, COMMISSIONER SYDELL BROUGHT IT UP AND SHE WAS ABSOLUTELY CORRECT. UM, THE INTERSECTION OF SETON PARKWAY AND KYLE PARKWAY IS ONLY CONTROLLED BY STOP SIGNS. AND KYLE PARKWAY IS A SIX LANE ROAD GOING EAST WEST SETON PARKWAY IS A TWO LANE. SO TRAFFIC IMPROVEMENTS NEED TO BE ACCOUNTED FOR AT THIS INTERSECTION. THE TMP SAYS, OR A TRANSPORTATION MASTER PLAN SAYS A ROUNDABOUT, THE, UH, DEVELOPERS APPLICABLE ADJACENT LANE MILE FEE THAT THEY'D BE REQUIRED TO PAY IS ONLY IN THE REALM OF $220,000. SO WE'RE GOING TO BE WORKING WITH THEM FOR APPROPRIATE, APPROPRIATE TRAFFIC IMPROVEMENTS, FOLLOWING THE ZONING CAUSE WE NEED TO FIGURE OUT EXACTLY WHAT'S THE MOST APPROPRIATE TYPE OF TRAFFIC CONTROL DEVICE AT THAT SITE. UM, AND SOMETHING THAT THEY CAN PAY FOR, BUT ALSO DOESN'T GO TOO FAR OVERBOARD TO WHERE IT JUST SCARES THE PROJECT AWAY AT THE SAME TIME. SO WE WANT TO, WE WANT TO BE ABLE TO WORK WITH THEM AND EVERYBODY WOULD BE HAPPY AS A RESULT FROM THE OVERALL PROJECT. UH, WE DO RECOMMEND THE APPROVAL OF THE BUD AND WE ASK FOR Y'ALL, UM, TO VOTE ACCORDINGLY. DO Y'ALL HAVE ANY QUESTIONS FOR ME? SO ADAM HAS A PUBLIC HEARING, SO THANK YOU MR. ATKINSON. APPRECIATE IT. UM, IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING. NOW A PUBLIC HEARING IS OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE PUBLIC HEARING IS NOW CLOSED QUESTIONS. COMMENTS MAY PROTEST. YEAH, WE'LL JUST REAL QUICK, MR. FERGUSON. UH, WHAT ASSURANCES DO WE HAVE THAT THEY STATE THE BOTTOM FLOOR? STAY RETAIL ON THIS? YES, SIR. UM, THEY DID NOT ASK FOR GROUND FOR LIVE WORK UNITS ON THOSE TWO BUILDINGS ADJACENT TO SETON PARKWAY. SO THE WAY THE PUD ORDINANCE READS, UM, IT DIDN'T CHANGE ANYTHING FROM THE MXD ZONING DISTRICT RELATED TO THE GROUND FLOOR RETAIL DOWN THERE AT ALL. NO, THEY WILL HAVE GROUND FLOOR COMMERCIAL IN THOSE FIRST TWO BUILDINGS ALONG THE SEAT AND PARKWAY. THEY HAVE TO DO IT THE WAY THAT THE ORDINANCE READS AND IT'S GOING TO STAY THAT WAY. THERE'S NO NOTHING IN THAT CONTRACT WHERE THEY CAN CHANGE FROM A RETAIL TO RESIDENTIAL. CORRECT? CORRECT. SO THE BILL, THE OTHER FOUR BUILDINGS THOUGH BEHIND IT, THAT CAN BE OKAY. YES, SIR. I'M WORRIED MORE ABOUT OUR ROADWAY, RIGHT? YEAH. YES, SIR. CUSTOMER ELLISON. OH, I THOUGHT I SAW IT. YEAH. ANY OTHER QUESTIONS? COMMENTS COMES FROM FLOOR SCALE. THANK YOU. I GUESS MY QUESTION WOULD BE, IS THIS THE BEST USE OF THIS AREA? THAT'S ONE QUESTION I GUESS I HAVE TO, AND THE OTHER ONE IS CAN THE TRAFFIC SPEED SUSTAIN IN THAT AREA? UM, BECAUSE IT'S REALLY CLOSE TO DACEY ROAD, WHICH ALWAYS CONCERNS ME. UM, AND AGAIN, A LOT OF THAT AREA IS JUST FOUR WAY STOPS OR STOP SIGNS. UM, I WOULD LIKE TO SEE SOMETHING MORE RETAIL IN THAT AREA. I DON'T THINK TWO, TWO MIX ZONES IS GOING TO BE SUFFICIENT ENOUGH, ESPECIALLY WHEN THERE'S A DOUBLE THAT IN APARTMENTS. UM, AND MY, MY CONCERN IS THOSE [03:05:01] PEOPLE THAT LIVE THERE ARE GOING TO HAVE TO GO TO SCHOOL AND IS THE CLOSEST, YOU KNOW, WHERE IS THE CLOSEST SCHOOL IS THEY'RE GOING TO, OR THEY'RE GOING TO HAVE TO GET ON DAISEY AND GO TOWARDS SCIENCE HALL, UH, FOR WHAT ABOUT HIGH SCHOOL? THERE'S CHAPPA MIDDLE SCHOOL OVER THERE? UM, THERE'S JUST A LOT OF CONCERNS I HAVE IN REGARDS TO THE TRAFFIC. AND ALSO IS THIS THE BEST USE FOR THE CITY? IS IT GOING TO BE, YOU KNOW, OUR RESIDENTS ARE GOING TO GO OVER THERE AND, AND BE EXCITED TO SEE SIX APARTMENT BUILDINGS WITH ONLY TWO OF THEM BEING MIXED USE. THAT'S A FAIR QUESTION. SO RELATED. I CAN ANSWER THE TRAFFIC ONE FIRST. UM, CURRENTLY WE HAVE A CODE DEFICIT RELATED TO TRAFFIC IMPACT ANALYSIS. WE DO NOT HAVE A REQUIREMENT FOR IT. AND WHEN I REFERENCE THE ADJACENT LANE MILE FEE, THAT IS THE CLOSEST ANALOGOUS WAY THAT WE ACCOUNT FOR THAT WHERE THE, THE DEVELOPER WILL EITHER MAKE IMPROVEMENTS, UM, TO THE VALUE OF THE FEE TO ASSOCIATED ROAD IMPROVEMENTS IN THE NEARBY VICINITY, OR THEY GET TO PAY THE FEE ITSELF INTO A ROAD OPERATIONS AND MAINTENANCE FEE OR A FUND, EXCUSE ME, TO PUBLIC WORKS NINE TIMES OUT OF 10. WE WANT THEM TO MAKE IMPROVEMENTS. WE WANT ACTUAL IMPROVEMENTS WITHIN THE VICINITY, UM, BECAUSE WE WANT, WE WANT RESIDENTS TO NOTICE THAT IMPROVEMENTS ARE BEING MADE NOW IN THE SHORT RUN, IT'S PROBABLY A LITTLE BIT ANNOYING TO SEE THE ROAD CONSTRUCTION, BUT IN THE LONG RUN, WE WANT IT TO BE BETTER. AND IF WE CAN NAIL IT DOWN FOR THE DEVELOPER TO MAKE THOSE IMPROVEMENTS, IT'S ONE LESS THING THE CITY HAS TO DO LATER ON WITH THEIR OWN FUNDS. SO WHAT KIND OF IMPROVEMENTS CAN YOU MAKE TO DACEY ROADS WHO MAKE THAT HILL GO AWAY? WE CAN'T MAKE THE HELL GO. SO AGAIN, WHEN YOU LEAVE, WHEN YOU ARE GOING TO, AND THAT'S WHY I DON'T THINK, UM, APARTMENTS ARE GOOD THERE BECAUSE IF A KID HAPPENS TO BE GOING TO SCHOOL, YOU KNOW, YOU'RE IN HIGH SCHOOL AND YOU HIT UP THAT STOP SIGN AND YOU'RE GOING RIGHT TO GO TO LAYMAN HIGH SCHOOL. THAT HILLS IS KILLER I AND YOUNG DRIVERS. AND SO MY CONCERN IS YES, THERE ARE THINGS THAT WE WILL NOT BE ABLE TO FIX. NO, NO AMOUNT OF MONEY THAT A DEVELOPER CAN GIVE US TO FIX THAT. AND SO WHAT DO WE DO? W I MEAN, AGAIN, IT GOES BACK TO BEST USE. IS IT GOING TO BE BEST USED TO HAVE HIGH TRAFFIC DUE TO APARTMENTS AND IN BRISKY AND KIDS, YOU KNOW, GOING BACK AND FORTH OVER THERE. UM, SO I CANNOT SPEAK TO THE SAFETY OF PEOPLE WALKING, EXCEPT I KNOW THAT WE HAVE TO MOVE. WE'RE GOING THROUGH THE SITE DEVELOPMENT PERMIT PROCESS. ACTUALLY, I CAN'T SPEAK TO IT. I APOLOGIZE. WE HAVE TO ACCOUNT FOR CROSSWALKS. WE HAVE TO ACCOUNT FOR, UM, ADA COMPLIANCE FOR SIDEWALKS. WE HAVE TO MAKE SURE YOUR STUFF IS AS SAFE AS WE CAN POSSIBLY MAKE IT WHEN IT PROJECT DEVELOPS. UM, GENERALLY NOT ALWAYS GENERALLY MULTI-FAMILY PROJECTS AND ESPECIALLY VERTICAL MIXED USE PROJECTS. THEY, THEY COMMAND A HIGHER RENT. UM, THERE IS LESS, THERE'S A LESS LIKE SMALLER LIKELIHOOD THAT THERE ARE CHILDREN LIVING IN THE PROJECT, NOT A HUNDRED PERCENT BECAUSE THERE'S GOING TO BE KIDS LIVING ANYWHERE, YOU WHERE YOU ARE. BUT, UM, MULTI-FAMILY PROJECTS TYPICALLY HAVE A LOWER RATIO COMPARED TO SINGLE FAMILY DETACHED OR SINGLE FAMILY NEIGHBORHOODS. UM, AND IT MAKES SENSE BECAUSE FROM A SINGLE FAMILY PERSPECTIVE, MOST PEOPLE WANT A YARD. THEY WANT A SWING SET. THEY WANT A PARK NEARBY. THEY WANT TO LIVE IN THOSE NEIGHBORHOODS. AND WE'RE IN AN URBAN CONTEXT. YOU HAVE MORE YOUNG PROFESSIONALS LIVING THERE. SO THERE'S, THERE'S JUST A SMALLER LIKELIHOOD OF CHILDREN THERE. UM, I CAN ONLY PRESENT WHEN I CAN PRESENT ON OUR, ON OUR TRAFFIC RELATED STUFF. SO WHEN THERE'S, THERE'S, THERE'S A RATIONAL OR VERY MUCH LIKELY A RATIONAL NEXUS FOR THE INTERSECTION TO THE SOUTH OF THERE AT, UH, KYLE PARKWAY IN SETON PARKWAY IS VERY CLOSE TO THIS PROJECT. THE PROJECT IS GOING TO GENERATE AT LEAST 2000 TRIPS, IF NOT MORE FOR VEHICLES PER DAY. AND MOST OF THEM ARE PROBABLY GOING TO GO SOUTH TO THE INTERSECTION OR CUT THROUGH OVER THE LOOK TO LOWE'S PARKING LOT. SO FROM A PUBLIC IMPROVEMENT STANDPOINT, WE SHOULD FROM A JUST LOOKING AT IT, IT LOOKS LIKE WE SHOULD PROBABLY MAKE IMPROVEMENTS AS BEST AS WE CAN TO THAT INTERSECTION. NOW, AS WE START GOING THROUGH THE SUBDIVISION PROCESS AND IMPROVEMENTS THAT WE NEED TO DO, IT MAY COME TO LIGHT THROUGH DISCUSSION WITH OTHER STAFF ENGINEERING PUBLIC WORKS WITH THE DEVELOPER THAT THERE MIGHT BE A BETTER PLACE. MAYBE IT IS. THEY SEE LANE AND SETON PARKWAY, BUT AT THIS TIME THAT'S WHAT WE'RE THINKING. IT WAS KYLE PARKWAY AND SETON PARKWAY. THANK YOU. AND I DO THINK IT'S THE BEST POSSIBLE USE, UH, FOR THE ZONING, A LITTLE CONTEXT HERE. SO THIS DEVELOPMENT AREA IS ADJACENT TO ANOTHER VIBE SPOT. SO IT WILL INCORPORATE THE VIBE IN THE FUTURE. AS THE VIBE IS CONSTRUCTED HERE, THERE WILL BE A DEDICATED PATHWAY FROM DEVELOPMENT, UH, ACROSS THE CREEK AND THEN FOLLOWING THE CREEK UNDER DAISEY TO [03:10:02] THE SCHOOL ON DC. SO THE WHOLE POINT OF THE BIBLE ALSO IS TO AVOID CONFLICTS BETWEEN AUTOMOBILES AND PEDESTRIANS WALKING. SO THAT'S, THAT'S A FUTURE SAFETY ENHANCEMENT FROM SYRIA AND DAN ONTO WHAT MR. SELLERS HAD STATED. THIS EXHIBIT TWO SHOWS THE, UH, THE LOCATION AT RED OF THE VIBE THAT THEY HAVE TO BUILD THE SIDEWALK ITSELF. THEY SHARED USE FAT, EXCUSE ME, AND THEN ALL THE INTERNAL SIDEWALKS FOR THE SITE. UM, SO YEAH. ALL RIGHT. OTHER QUESTIONS, COMMENTS. NOPE, NO MOTIONS, GOOD PAIR. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 26 AS WRITTEN, UH, SECOND MOVED BY MAYOR PRO TIM SECOND BY A MAYOR TO APPROVE A DENIED NUMBER 26, HIS THIRD DISCUSSION ON THE MOTION COUNCILOR ELLS. AND THIS IS CURRENTLY ZONED RIGHT? RETAIL SERVICES. YES, SIR. SO, UH, JUST TRYING TO UNDERSTAND YOUR COMMENTS, ARE THERE COUNTS MOVING FLOORS, KALE ABOUT THE HIGHEST AND BEST USE, AND THEN I GUESS, IS YOUR ADVOCATION TO KEEP THE RETAIL SERVICES AS OPPOSED TO ADDING ANY KIND OF RESIDENTIAL COMPONENT? IS THAT WHAT YOU'RE ADVOCATING? CORRECT. I WOULD LIKE TO SEE SOMETHING IN THERE MORE AMENITIES MAYBE FOR, YOU KNOW, STRAPPING AMENITIES, EATING THEM ENEMIES. WELL, IT'S CURRENTLY RETAIL SERVICES, SO THAT'S, THAT'S ALL ALLOWED CURRENTLY, RIGHT? SO YOU'RE, YOU'RE PROPOSING NOTE TO ZONING CHANGE TO LEAVE IT AS RS. CORRECT. I WOULD REALLY DISLIKE TO SEE APARTMENTS THERE. IT'S I DON'T UNDERSTAND HOW IT FITS WHEN EVERYTHING AROUND IT IS, UM, YOU KNOW, MEDICAL OR, OR BUSINESS. UM, MAYBE, AND I'M NOT EVEN A FAN OF THIS, BUT WHAT MAYBE WOULD MAKE SENSE IS VERTICAL MIX USE OVER ALL OF IT. CAUSE THEN AT LEAST YOU CAN FALL BACK ON THE FACT THAT ALL THE BOTTOMS IS GOING TO BE, UM, BUSINESSES, BUT THE FOUR THAT ARE LIKE FULL FLEDGE APARTMENTS REALLY MAKE ME NERVOUS. ANY OTHER DISCUSSION? NO, I'M JUST TRYING TO JUST REAL QUICK. I JUST WANTED TO FOLLOW UP WITH WHAT COUNCIL WERE KILLED. YOU WANT EVERYTHING ON THE BOTTOM FLOOR TO BE A, WHAT DO YOU CALL IT RETAIL? HOW ABOUT THE AREAS THAT ARE AWAY FROM THE ROAD? ARE YOU ASKING FOR THOSE TO BE RETAIL AS WELL? CAUSE THEY'RE NOT ON THE MAJOR ROADWAY. I WOULD LIKE THAT WHOLE AREA TO STAY WHAT IT IS. THAT'S MY, THAT'S MY ULTIMATE GOAL. UM, BUT IF THEY WERE, IF THE CITY IS GOING TO STAFF IS GOING TO BRING US ITEMS TO CONSIDER, I WOULD LIKE TO SEE THAT AT MINIMUM MIXED USE FOR EVERYTHING, FOR IT TO MAKE SENSE TO ME. THANK YOU. UM, MY ONLY COMMENT ON THAT IS THAT, YOU KNOW, EVEN IN THE BEST MIXED USE DISTRICTS, THE ONES THAT WIN ALL THE AWARDS, THEY DON'T HAVE ALL GROUND FOR, UH, YOU KNOW, RETAIL. SO THE DOMAIN HAS GOT, UM, UH, DIFFERENT SECTIONS, UH, IN DIFFERENT AREAS BASED ON HOW IT'S LOCATED AND DESIGNED BASED ON WHAT THE MARKET CAN, YOU KNOW, CAN SUPPORT. SO, YOU KNOW, WE'VE BEEN, WE'VE BEEN PURSUING, UM, UH, MIXED USE AND INTEGRATION OF, UH, YOU KNOW, UH, RESIDENTIAL AND, UH, RETAIL FOR, FOR A VERY LONG TIME. AND SO, UM, ANYWAY, THOSE ARE, THOSE ARE JUST MY THOUGHTS. I, YOU KNOW, I DO, I DO AGREE WITH MR. ATKINSON THAT THIS IS HIGHEST AND BEST USE. UH, I DO THINK THAT IT'S GOOD TO HAVE THE DEDICATED COMMERCIAL. UM, AND SO THERE ARE OTHER SPACES WHERE I WOULD WANT IN TOWN WHERE I WOULD PROBABLY WANT EVEN MORE, YOU KNOW, RETAIL, UH, BUT THIS ONE BEING SO FAR BACK, UH, YOU KNOW, IT MAKES SENSE TO ME, BUT, YOU KNOW, ANYWAY, ANY OTHER DISCUSSION ROLL CALL VOTE? MITCHELL, ALISON FLORES, KALE BRADSHAW, NAY TIBERIUS PARSLEY, HEY, RIZZO. ALL RIGHT. MOTION FAILS. ONE SIX, UH, AN EXCEPTION ITEM NUMBER [27.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of rezoning approximately 45.5 acres of land from ‘RS’ to ‘PUD’ (RS – 19 acres, MXD – 26.5 acres) for property located at 20139 IH-35, in Hays County, Texas. (City of Kyle - Z-21-0092) ~ William Atkinson, Senior Planner   Public Hearing ] 27. UM, UH, THIS IS AN ITEM THAT I'VE HAD A CONFLICT ON AND, UH, I'D LIKE TO JUST STATE THAT. AND SO I'LL BE RECUSING MYSELF FROM THIS ITEM AND FILLING OUT AN AFFIDAVIT. SO, AND THE FLOOR OVER TO MY PRINTER, 7 26, A RESOLUTION TO THE CITY OF KYLE TEXAS, AMENDING RESOLUTION NUMBER 1176, AND REINSTATING THE CITY OF KYLE RULES OF CITY COUNCIL PROVIDING THE FOUR MEETINGS [03:15:01] AGENDA, COUNCIL PROCEEDINGS, RECONSIDERATIONS OF AGENDA ITEMS, PRELIMINARY PROCEDURES, DEBATE DECORUM, AND CITIZENS PARTICIPATION AT MEETINGS, MAKING FINDINGS OF FACT AND PROVIDED THE WRONG AGENDA. I'M SORRY, I'M SORRY. 27 27. MY BED. I GET MY RED GLASSES ON THERE ON MY MORE ON ONE OUT. SORRY ABOUT THAT FIRST READING OF AN ORDINANCE AMENDING CHAPTER 53, THE ZONING OF THE CITY OF KYLE TEXAS FOR THE PURPOSE OF THE REZONING, APPROXIMATELY 45.5 ACRES OF LAND FROM RS TO PUD RS, 19 ACRES IMX, D 26.5 ACRES FOR PROPERTY LOCATED AT 2139 ICE, 35 IN HAYES COUNTY, TEXAS. UM, THIS IS, IS, WILL, UH, CONCERNS, UH, YEAH, WE'LL, WE'LL, WE'LL TAKE IT HERE. I'M JUST GOING TO INTRODUCE THIS TO SCOTT SOLAR CITY MANAGER. UH, I WILL INTRODUCE JUST BECAUSE THERE'S BEEN A LOT OF HISTORY ON THIS, SO I'M GOING TO GO THROUGH THAT JUST BRIEFLY AND THEN WE'LL TURN IT OVER FOR SOME OF THE SPECIFICS. SO I'VE ASKED, UM, MR. ATKINSON TO PLACE, UH, AN OVERVIEW MAP FIRST. UH, SO THE, THE SUBJECT PARCEL IS NORTHBOUND FRONTAGE ROAD AND, UH, SOUTH OF BB IT'S, ROUGHLY 45 ACRES. UH, THIS IS, UH, ONE OF SEVERAL TRACKS IN THE AREA THAT ARE CURRENTLY, UH, EITHER AGRICULTURE, UH, OR EVEN PARTIALLY OUT OF THE CITY, UH, THAT, UH, HAVE BEEN THE FOCUS OF, UH, DEVELOPMENT PATTERNS AS THEY PUSH UP INTO THIS AREA. SO THE CONVERSATION, UH, AS COUNCIL HAS BEEN AWARE OF WHAT HAS COME BEFORE COUNCIL IN THE PAST HAS BEEN, UH, POTENTIALLY SUBDIVIDING THIS PARCEL INTO STANDALONE, UH, WHAT WE CALL OUR THREE OR MULTIFAMILY, UH, AREAS WHERE WE BASICALLY HAVE STANDALONE GARDEN APARTMENTS AND THE, UH, ORIGINAL APPLICANTS FOR THIS AREA HAVE BEEN, UH, JUST TRADITIONAL GARDEN STYLE, APARTMENT DEVELOPERS WITH OTHER, UH, WE'LL CALL IT, UH, PROJECTS OR DEVELOPMENTS IN THEIR REPERTOIRE. BUT WHAT WAS PROPOSED HERE WAS STANDALONE, UH, MULTI-FAMILY ON THE TWO REAR PARCELS. THE FRONT THIRD WAS, UH, AND CONTINUES TO BE CONSIDERED FOR RETAIL SERVICE. NOW, AGAIN, THIS IS A 45 ACRE PIECE OF A LARGER SECTION, UH, THAT THE CITY COUNCIL HAS BEEN VERY INTERESTED IN. OBVIOUSLY THE UNDERLYING PROPERTY OWNERS HAVE BEEN INTERESTED IN AND AS THIS COUNCIL HAS MADE A PRETTY BIG PUSHES FOR, UH, GETTING THE RIGHT MIX OF USE IN THE RIGHT AREA THAT IS SMART GROWTH AND SMART PLANNING. AND THE COMMUNITY FOR MANY YEARS HAS, HAS SAID, WE, WE WANT SMART GROWTH, SMART PLANNING EFFORTS. AND, UH, I THINK THIS COUNCIL HAS TAKEN THAT VERY SERIOUSLY, UH, DID NOT APPROVE, UH, YOU KNOW, THE, THE STANDALONE MULTIFAMILY ON THESE, ON THIS TRACK AND ASKED STAFF TO COME BACK AND LOOK AT A MIX OF USES WITH APPROPRIATE UNDERLYING ZONING. SO WHAT YOU HAVE BEFORE YOU IS AN EFFORT FROM STAFF FROM AN UNDERLYING PROPERTY OWNER. ALSO WE ENGAGED OUTSIDE, UH, SERVICES FROM OUR RETAIL CONSULTANT CATALYST COMMERCIAL. UH, WE'VE MET WITH THE, UH, PROPOSED DEVELOPERS AS WELL, AND TRIED TO COME UP WITH A PUD, WHICH WAS A MIX OF USES THAT WOULD BASICALLY ALL PARTIES, UH, BUT NOT JUST TO SATISFY. WE WANTED TO ENSURE THAT THIS WAS THE APPROPRIATE USE OR APPROPRIATE MIX FOR THIS AREA. SO WHAT YOU'LL SEE BEFORE YOU IS, UH, KIND OF THREE DIFFERENT AREAS HERE IN THE POD. THE FIRST SECTION CLOSEST TO THE FURNITURE ROAD IS, UH, PROPOSED AS RETAIL FRONTAGE TO COMPLIMENT COMPLIMENT THE EXISTING DEVELOPMENT PATTERNS THAT WE HAVE SEEN, UH, ALONG I 35 PREDOMINANTLY WE'RE HOPING FOR ADDITIONAL RESTAURANTS, DESTINATION, QUALITY RESTAURANTS, AND RETAIL IN ADDITION, UH, ENTERTAINMENT TYPE OF USES HERE. AND WE'VE HAD CONVERSATION WITH THE UNDERLYING PROPERTY OWNER, UH, TO, TO REALLY START ENCOURAGING AND, UH, PROVIDING OPPORTUNITIES FOR THOSE TYPES OF USES, UH, BEHIND THE FRONTAGE RETAIL AREA, WE HAVE ADDED A LAYER OF VERTICAL MIXED USE WITH A HUNDRED PERCENT GROUND FLOOR RETAIL. NOW THIS DID GO TO THE PLANNING COMMISSION ORIGINALLY DID NOT HAVE A HUNDRED PERCENT GROUND FLOOR RETAIL. UH, IT DID GO BACK THIS EVENING WITH THAT [03:20:01] CHANGE AND IT WAS APPROVED SO THAT, UH, WE'LL CALL IT HATCHED AREA, UH, IS, UH, MEANT TO BE, OR MEANT TO DEMONSTRATE ALL THE FRONTAGE UNITS. UH, AND THESE ARE FOUR STORY AGAIN, GROUND FLOOR, A HUNDRED PERCENT RETAIL, AND THEN THREE STORIES OF RESIDENTIAL OR OFFICE ABOVE THAT. UH, ANY SORT OF RESIDENTIAL WOULD HAVE INSET BALCONIES INSTEAD OF PROTRUDING BALCONIES, WHICH MAKE IT EVEN MORE OF THE CLASS, A VERTICAL MIXED USE RATHER THAN, UH, MAYBE A, A GARDEN STYLE APARTMENT. AND THEN YOU'LL SEE ON BB ROAD, SAME SAME THING. SO ANY SORT OF DEVELOPMENT, ALL UNITS FRONTING BB ROAD WOULD HAVE A HUNDRED PERCENT GROUND FLOOR RETAIL. AND THEN, UH, AGAIN, IT'S FOUR STORIES, VERTICAL MIXED THE TRAFFIC PATTERNS ALSO ON BB COULD BE INFLUENCED. AND WE, WE DEFINITELY TAKE THAT INTO ACCOUNT BY THE ADDITIONAL DENSITY. SO WITHIN THE POD, UH, IT IS REQUIRED FOR THE PROPERTY OWNER TO DEDICATE THE, UH, RIGHT OF WAY FOR AN ADDITIONAL LANE, AS WELL AS CONSTRUCT THAT LANE OF TRAFFIC AND, UH, CAUSE TO BE BUILT A CENTER TURN LANE ON BB ROAD AS WELL. YOU'LL SEE IT, THE PLAN SOUTH HERE, A, UH, PURPLE DOTTED LINE THAT IS A PROPOSED VIBE AS WELL. AND THIS PROPERTY WOULD HAVE A VIBE SPOT THAT, UH, UNITS WOULD INCORPORATE WHAT WE CALL TOD TRAIL ORIENTED DEVELOPMENT. THEY WOULD OPEN UP TO THE VIBE ENCOURAGING MORE INTERACTION BETWEEN THE VIBE, UH, AND THE UNITS OR THE RESIDENTS OF THE UNITS. AND THEN YOU'LL SEE A LITTLE DIP, UH, TO THE SOUTH THERE. THAT WAS WHERE THE VIBE IS INTENDED TO GO UNDER . AND WE ARE WORKING WITH TXDOT. ONCE WE HAVE A PRELIMINARY ENGINEERING REPORT, WE'LL, WE'LL GET THE PERMIT TO START WORKING ON BUILDING THE VIBE UNDERNEATH . THE GRAIN IS WHAT YOU'LL YOU'LL SEE IS, IS FLOOD PLAIN, UH, INCLUDING SOME DETENTION AREA. AND THEN, UH, AGAIN, THE, THE VIBE IS, IS OUT OF THE FLOOD PLAIN. THERE'S ALSO SOME, SOME UTILITY EASEMENT AND CONFERENCES ON THAT PROPERTY. UH, THEY'LL THE BLACK EAST TO WEST OR WEST TO EAST ARROW IS, UH, WHERE AN ANOTHER EASEMENT IS, BUT ALSO WHERE A ROAD WILL FOLLOW THAT, THAT EASEMENT FROM WEST EAST CAUSING AN INTERNAL ROAD NETWORK. AND THEN YOU'LL SEE, UH, THOSE OTHER BLACK LINES, THE TWO BLACK LINES, REALLY THE ONE RIGHT IN THE MIDDLE IS, UH, PROPOSED TO BE, UM, NOT A PUBLIC, BUT KIND OF AN INTERNAL PARKING, UH, ROAD NETWORK. SO WITH THAT, THAT IS THE, THE, UH, PROPOSED PUD AND, UH, SPECIFIC QUESTIONS I'M GOING TO HAVE, WILL STAND UP AND ANSWER THOSE. BUT I'M HAPPY TO ANSWER ANY QUESTIONS. SO, UM, DOES HAVE A PUBLIC HEARING. SO I'LL NOW OPEN UP THE PUBLIC HEARING ANYONE WISHING TO SPEAK, PLEASE COME FORWARD. SO YOU, NO ONE WANTS TO SPEAK. I'LL NOW CLOSE THE PUBLIC HEARING COUNT. UH, IF ANY COUNCIL MEMBERS HAVE ANY QUESTIONS. THANK YOU. UM, SO I SEE IT'S 19 ACRES GOING NORTH TO SOUTH. WHAT IS IT GOING FROM EAST TO WEST FOR, UM, THE FIRST GRAY AREA THAT I GUESS BROWN? WHAT, WHAT, HOW MANY LINEAR FEET? I BELIEVE IT'S 200 LINEAR FEET FROM MAYBE TWO OR 300 SOMEWHERE IN THERE FROM THE FRONTAGE ROAD TO THE BACK OF THAT, THAT RETAIL, BECAUSE WHAT I'D LIKE TO SEE IS IT FLIPPED AROUND THE OTHER WAY, LIKE A BIG CHUNK, LIKE WHERE THE GOLD IS GOING FRONT AND IT'S LIKE A HUGE LIKE ENTERTAINMENT MAYBE. YEAH. AND WE LOOKED AT THAT FOR SURE. AND, UH, I THINK IN THIS AREA IN PARTICULAR, BECAUSE THERE'S NOT GREAT ACCESS COMING OFF FOR 35, WE INCORPORATED THAT INTO THE PLAN FOR THE NEXT PARCEL TO THE NORTH. WE HAVE MUCH LARGER CHUNKS BECAUSE OF THE ACCESS INTO HERE, WHAT WE HOPE TO INTEND OR WHAT WE INTENDED FOR ON THIS SECTION. IT WAS REALLY MORE OF THE WE'LL CALL FURNITURE RETAIL THAT DOESN'T GO SO DEEP, YOU KNOW, 300 FEET ROUGHLY IS, IS GOOD FOR PAT SITES, YOU KNOW, SIX, 7,000 SQUARE FOOT PAD, PLUS THE ASSOCIATED PARKING FOR THAT. AND THEN THE NEXT LAYER RIGHT IN WOULD BE THAT RETAIL COMPONENT WITH, WITH ITS PARKING. I MEAN, I'D LIKE TO SEE THAT AREA AND ENTERTAINMENT DISTRICT AREA, THAT SIDE IN THE NEXT, YOU KNOW, THE, THE PAD GOING, UM, NORTH, I THINK IT WOULD BE NICE BECAUSE RIGHT NOW ALL THE CITY HAS AND ALL THE RESIDENTS HAVE REALLY IS EVO. AND THERE'S NOTHING NOT JUST ON THE EAST SIDE, IT'S NOT ABOUT, YOU [03:25:01] KNOW, RIGHT NOW EAST OR WEST, IT'S ABOUT WHAT CAN WE BRING OUR RESIDENTS AS FAR AS ENTERTAINMENT AND HOW MUCH ROOM DO WE WANT TO USE OFF OUR FURNITURE ROAD FOR THAT? BECAUSE FOR ME, I FIND GREAT, UM, GRATIFICATION, KNOWING THAT SOMEONE MAY SEE SOMETHING REALLY COOL, GET OFF, SPEND THEIR MONEY AND THEN GET BACK ON THE ROAD. THAT WOULD BE NICE. BUT WHEN YOU HAVE 26 ACRES, MOST OF WHICH IS GOING TO BE MIXED USE, I JUST QUESTIONED LIKE AGAIN, IS THIS BEST USE. SO I'M NOT SURE IF, IF JASON CLAUNCH IS ON OR LISTENING, ANYONE CONFIRM THAT AND SEE ONLINE, HE WAS ON A LITTLE EARLIER. OKAY. IT DOESN'T SEEM LIKE HE IS. SO WE ASKED THAT QUESTION BECAUSE WE HAD THE SAME, SAME HOPE THAT WE SEE MORE ENTERTAINMENT TYPE OF USES. AND JASON CLAUNCH IS OUR RETAIL CONSULTANT WITH CATALYST COMMERCIAL, UH, ASKED HIM ABOUT THIS PARCEL IN PARTICULAR. HE SAID, UH, THE WHOLE AREA WOULD BE GREAT TO HAVE AS ENTERTAINMENT. BUT AGAIN, HIS REFERENCE WAS TO THE ACCESS OFF OF THE FURNITURE, ESPECIALLY FROM 35. UH, SO DEEPER WAS ON THE PARCEL NORTH OF BB. UH, BUT HE MENTIONED THAT THE, THE ENTERTAINMENT USES THAT POTENTIALLY ARE GOING TO BE LARGER THAN 300 FEET, UH, ARE GOING TO BE LIKE YOUR, YOUR TOP GOLF'S FOR EXAMPLE, YOU KNOW, SOMETHING THAT'S, THAT'S REALLY LARGE. MOST OF YOUR FAMILY DESTINATION ENTERTAINMENT ESTABLISHMENTS CAN FIT WITHIN THAT 300 FOOT DEPTH. OKAY. I AM GENUINELY INTERESTED TO KNOW WHAT THE REST OF THE COUNCIL MEMBERS THINK AS WELL. UM, ANYBODY SURE. UM, PERSONALLY, YEAH, I WOULD LOVE TO SEE, YES, SOME BIG ENTERTAINMENT COMPLEX. THEY'RE PULLING PEOPLE OFF THE HIGHWAY. I'M NOT GONNA SAY ANY BUSINESS NAMES. UM, BUT THAT'S, THAT'S ME PERSONALLY, IF I TAKE A STEP BACK AND I LOOK AT WHAT THE RESIDENTS HAVE ASKED FOR, FROM OUR SURVEYS TO THE VERY, I MEAN, EVERY CONVERSATION I HAVE WITH THE RESIDENT, PRETTY MUCH, UH, EMAILS AND DIFFERENT THINGS. UH, IT'S NOT FOR ENTERTAINMENT, IT'S FOR RESTAURANTS. UM, THAT IS BY FAR THE BIGGEST ASK AND REQUEST. SO THAT'S ME HAVING TO PUT MY PERSONAL FEELINGS ASIDE AND MY PERSON DESIRES FOR A PIECE OF PROPERTY ASIDE, UM, AND, AND PUSH FOR WHAT THE RESIDENTS HAVE BEEN CLAMORING FOR. AND THIS IS THAT OPPORTUNITY WHEN WE FIRST DISCUSSED THIS, UH, THIS PARCEL, UM, A FEW MONTHS BACK, UH, Y'ALL MIGHT REMEMBER ME SAYING, PROTECT THE CORRIDOR, UH, BEING MINDFUL OF WHAT WE HAVE ALONG 35, WHAT PEOPLE ARE SEEING, UH, AS THEY DRIVE THROUGH OUR CITY. AND I THINK RESTAURANTS PROVIDE, UH, THAT AS WELL. AND THAT'S WHAT WE'RE DRIVING TO TRY TO GET ALONG THAT CORRIDOR. SO FOR ME, UH, CERTAINLY I, I UNDERSTAND THE COMMENTS ABOUT, UH, MULTI-FAMILY AND RESIDENTIAL AND MIXED USE. I WANT TO GO ON THE RECORD AND SAY, I AM NOT AGAINST MULTIFAMILY IN ANY WAY YOU NEED DIVERSITY OF HOUSING STOCK. NOT EVERYBODY IS COMING INTO THE CITY, WANTING AN 80 FOOT, UH, UH, YOU KNOW, UM, HOME AND, UH, PLATFORM AT HOME AND DIFFERENT THINGS. PEOPLE HAVE DIFFERENT STAGES OF LIFE THAT THEY GO THROUGH. UM, AND SO I'M CERTAINLY, UH, WANT TO BE CLEAR THAT I'M NOT AGAINST MULTIFAMILY AND THAT WAY OF LIVING, UH, AND CERTAINLY DON'T STEREOTYPE ANYBODY THAT'S IN THAT. UM, BUT THIS IS, UH, THIS IS MEETING MORE TO THE EFFECT OF WHAT I FEEL LIKE THE RESIDENTS HAVE BEEN ASKING FOR FROM THE CITY AND THIS COUNCIL. SO, UM, THOSE ARE MY THOUGHTS ON THAT. WE TALKED ABOUT EVEN THE BB ROAD AREA, UH, BEING, UM, COMMERCIAL OR RETAIL IS THE COMMON PHRASE THAT'S USED, BUT THAT REALLY ENCOMPASSES ALL THE USES UNDER RETAIL SERVICES, AS WELL AS THE, UH, COMMITMENT TO ADD THIS AS CENTER TURN LANE ON BB ROAD AND IMPROVE THAT ROAD INFRASTRUCTURE THERE. SO ALL THOSE THINGS ARE, UH, WELL, WHAT I SEE AND HEAR FROM RESIDENTS IS, IS AN IMPORTANT THING. YOU'RE THERE, COUNCIL MEMBER JOHNSON, MOBIUS COULD ALL REFLECT WHAT, UH, [03:30:01] CATHERINE NELSON STATING THE SAME THING IS, IS PEOPLE I'VE TALKED TO AS WELL AS THEY'RE FRUSTRATED DRIVING IN AUSTIN AND SAN MARCUS AND TAKING ALMOST AN HOUR, HOUR AND A HALF JUST TO GO AND SIT AND HAVE A MEAL WITH THEIR FAMILY. THEY WANT SOMETHING NEARBY. THEY WANT SOMETHING CLOSE TO HOME. AND, AND YOU'VE HEARD ME SAY THE SAME THING TOO ABOUT MAYBE ONE DAY A RESTAURANT ROW OR SOMETHING LIKE THAT. BUT THIS IS, SEEMS TO BE THE LAST SECTION OF OUR CITY BEFORE YOU HEAD OUT, THAT'S ON THE 35 THAT HAS THE ACCESS FOR THAT. SO, UH, THAT'S ONE THING THAT I'VE BEEN HEARING A LOT AS WELL. IT'D BE NICE TO HAVE THOSE. IT'S JUST, UM, IT'S, IT'S REAL HARD BECAUSE AGAIN, THERE, THERE ARE PEOPLE THAT ARE IN DIFFERENT STAGES OF LIFE. THERE ARE PEOPLE THAT ARE MOVING FROM DIFFERENT PLACES, ALL OVER TEXAS, ALL OVER THE STATE AND MOVING TO OUR AREA THAT DON'T WANT TO HAVE A CAT REALLY CAN'T AFFORD THAT BIG HOME. THEY NEED TO BE ABLE TO HAVE SOME KIND OF SMALL APARTMENT OR A SMALL TOWN HOME IN A SENSE, BUT WE'VE GOT TO REALLY LISTEN TO WHAT OUR RESIDENTS ARE ASKING. AND THOSE ARE ONE OF THE THINGS THAT I'VE BEEN HEARING AS WELL AND RETAIL SPACE AS WELL. THANK YOU. UM, I JUST ALSO WANTED TO ADD THAT. ONE OF THE THINGS THAT I HEARD, UM, BACK WHEN I WAS CAMPAIGNING IS THAT THEY NEED IT. KID-FRIENDLY PLACES, UM, PLACES YOU WANT TO GO AND SIT DOWN AND HAVE A DECENT MEAL AND THEN LET YOUR KIDS RUN AROUND WHILE THEY'RE INSIDE. SO I DON'T KNOW IF A VERTICAL IT MAKES USE, UH, LIKE, UH, YOU KNOW, THIS AREA WILL ACCOMPLISH SOME OF THAT. AND SINCE WE DON'T HAVE MANY OF THAT IN KYLE, CAN WE JUST INCORPORATE THIS INTO THE SECTION? UH, EXCUSE ME, I THINK OUTDOOR, YES, BECAUSE IT'S A VIBE SPOT. AND SO I'LL POINT OUT THE PINK RETAIL AREA CLOSEST TO THE GREEN. YOU KNOW, THAT TO ME IS A GREAT OPPORTUNITY FOR SOME SORT OF FAMILY DESTINATION RESTAURANT THAT FOR KIDS CAN BE PART OF THE VIBE. IT CAN ACCESS MULTIPLE AREAS, BUT ALLOW THEM TO RUN AROUND. THE OTHER THING IS THE MULTI-FAMILY, THAT'S, THAT'S DEEPER INTO THE PROJECT, UH, SHOULD OPEN UP AND CREATE MORE OPEN GATHERING SPACES FOR KIDS AND FAMILIES UNDER ROOF. UH, THAT'S JUST SOMETHING THAT WE'RE GOING TO HAVE TO LOOK FOR AN APPROPRIATE END USER FOR IT. AND IF WE CAN FIND ONE AND PUT THEM ON THIS PROPERTY, YOU BET WE'LL DO IT. THANK YOU. AND I WANT TO THANK EVERYBODY FOR SHARING THEIR OPINION. UM, WE CAN LEARN A LOT FROM EACH OTHER'S IDEAS AND ESPECIALLY COUNCIL MEMBER ELLISON. HE ALWAYS, I DON'T SAY TASTE FROM HIM. HE MAKES ME THINK OUTSIDE THE BOX. SO LOOKING AT THIS AND LOOKING AT, UM, THE CITY'S WEBSITE, IT SAYS IT'S 19 ACRES IS GOING TO BE RS. AND THEN THE 26 AND A HALF WAS GOING TO BE THE MXD. NOW, IS THAT GOING TO, IS THAT SET IN STONE? AND WHEN I SAY THAT, I'M SAYING, I'M READING THIS PART RIGHT HERE. THAT SAYS WHAT IT'S SUPPOSED TO BE, BUT I WANT TO MAKE SURE BECAUSE THIS WHOLE THING IS A PUD. AND SO IF MR, WELL, IF YOU COULD JUST EXPLAIN TO PEOPLE AT HOME WHAT A PUTT IS AND THEN HOW IT NORMALLY WORKS. SO HUD IS A, IS A ZONING DISTRICT. IT'S A ZONING PROJECT. LET'S CALL IT THAT. THEN IT INTEGRATES MULTIPLE ZONING DISTRICTS IN NOT SO MUCH A PIECEMEAL PROCESS. THEY DID AN INTEGRATED FASHION, UH, ZONING DISTRICTS THAT SOMETIMES MAY NOT BE ALWAYS COMPATIBLE, BUT WHEN THEY'RE INTEGRATED INTO A PUB, THEY ABSOLUTELY ARE SO VERTICAL MIXED USE IN THIS CASE. MULTI-FAMILY, UH, RETAIL PAD SITES AT, ALONG THE FRONTAGE ROAD WHEN THEY'RE ALL INTEGRATED TOGETHER, ESPECIALLY WITH THAT ROAD COMING THROUGH, UM, GOING WEST EAST, THE VIBE TRAIL SYSTEM, UM, MAKING IMPROVEMENTS TO BB ROAD, THEY'LL THEY ALL THE GOOD THINGS ABOUT THIS PUG. THEY, IT JUST BOUNCES OFF EACH OTHER. IT MAKES IT BETTER. UM, THERE IS AN ASPECT OF IT WHERE I PUT IN SECTION ONE, A ONE WHERE THE EASTERN 10 ACRES OF THE 19 ACRE TRACK CAN BE DEVELOPED AS A MIX D UM, TO GIVE US SOME FLEXIBILITY. UM, I'LL BE HONEST. WE MISS NOTICED IT, BUT AS A PUD, WE CAN CREATE FLEXIBLE STANDARDS TO MAKE IT WORK APPROPRIATELY. SO WE WANTED TO MAKE SURE THAT WE ACCOUNTED FOR THAT IN THE DESIGN, BUT ALSO MAKE SURE THAT IT KEPT MOVING FORWARD IN TERMS OF, FROM A TIMING PERSPECTIVE. [03:35:01] SO THIS DESIGN SAYS THE 19 ACRES GOING NORTH TO SOUTH IS GOING TO BE OKAY. AND THEN THE OTHER 25 IS GOING TO BE THE MIDDLE, RIGHT? SO THAT'S WHAT IT SHOWS ON THE ITEM. BUT THEN IF THE 10 EASTERN ACRES OF THE 19 ACRES CAN ALSO BE VERTICAL MIXED USE. OKAY, WELL THEN IF THAT'S THE CASE, I WOULD LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 27, SECOND AS MOTION BY COUNCILMAN NEIL. SECOND BY MR. PAUL, TIM RIZZO, ALL THOSE IN FAVOR. AYE. MOTION PASSES FOR SHORT BREAK, FIVE TO ONE MOTION PASSES FIVE TO ONE. AND, UM, IF ALL ACCOUNTS WAS MUTABLE, WE'LL TAKE A SHORT FIVE MINUTE RECESS. NOW, NEXT UP AGENDA ITEM 28, [28.  A Resolution of the City of Kyle, Texas, Amending Resolution Number 1176 And Restating the City of Kyle Rules of City Council, Providing for Meetings, Agenda, Council Proceedings, Reconsideration of Agenda Items; Parliamentary Procedure, Debate, Decorum, and Citizen Participation at Meetings; Making Findings of Fact; and Providing for Related Matters. ~ Paige Saenz, City Attorney] A RESOLUTION WITH CITY OF KYLE TEXAS, MEANING RESOLUTION NUMBER 1176, AND REINSTATING THE CITY OF KYLE RULES OF CITY COUNCIL, PROVIDING FOR MEETINGS, AGENDA, COUNCIL PROCEEDINGS, RECONSIDERATIONS OF AGENDA ITEMS, PRELIMINARY PROCEDURES, DEBATE THE CORUM AND CITIZEN PARTICIPATION IN MEETINGS. MAKING, FINDING, OR FACT AND PROVIDING FOR RELATED MATTERS ARE 30 PAGE SITES, MARIN COUNCIL, PAGE SCIENCE CITY ATTORNEY FOR THE RECORD, THIS AGENDA ITEM COMES BACK TO YOU AT YOUR DIRECTION OF, UH, CHANGES TO BE MADE. UM, PURSUANT TO THE VOTE. AT THE LAST MEETING, WE ADDED A PROVISION THAT IF THERE IS AN AGREEMENT REGARDING WHETHER IT COUNCIL REQUESTED AGENDA ITEMS SHOULD APPEAR ON THE AGENDA THAT THE WHO'S YOU MANAGER OR COUNCIL MEMBER MAY REQUEST AN OPINION FROM THE CITY ATTORNEY WHOSE RULING SHALL BE FINAL. UH, THIS, THERE WERE SOME ADDITIONAL CHANGES THAT WERE REQUESTED AFTER THE ITEM WAS POSTED THAT WE INCLUDE LANGUAGE THAT THE RULING BE PUT IN WRITING AND SHARED WITH THE ENTIRE COUNCIL. SO THE ENTIRE COUNCIL BE AWARE OF WHAT THE RULING IS AND THE, YOU KNOW, WHY THE RULING WAS MADE. SO YOU CAN REVIEW THAT AND UNDERSTAND THAT, UH, WE DID ADD LANGUAGE IN HERE THAT SAYS THAT THE, TO CLARIFY, CAUSE YOU THROW QUESTIONS ABOUT, WELL, WHY WOULDN'T AN ITEM, BE ABLE TO BE ON THE AGENDA. AND WE GAVE SOME EXAMPLES. AND SO WE NOTE THOSE IN HERE AS WELL. AND, UM, IT, IT NOTES THAT THE COUNCIL REQUESTED AGENDA ITEMS HAVE TO BE SUBMITTED IN ACCORDANCE WITH THE PROCEDURES THAT ARE IN THE ORDINANCE, AS FAR AS TIMING AND NUMBER OF AGENDA ITEMS, THEY HAVE TO PERTAIN TO THE CITY OF BUSINESS BECAUSE THAT'S IN THE CHARTER AND THEN THEY'RE NOT OTHERWISE PROHIBITED FROM BEING ON THE AGENDA BY THE COUNCIL RULES, THE CITY CHARTER, A CITY ORDINANCE. THE EXAMPLE OF THAT WOULD BE A ZONING CASE OR JUST APPLICABLE STATE LAW. AND THEN, UH, COUNCIL MEMBER ELLISON NOTED ONE TYPO THAT WE FIXED A REFERENCE TO SECTION E EIGHT. I BELIEVE AESICS, IT SHOULD HAVE BEEN TO IN THAT SAME SECTION. UH, ANY COUNCIL MEMBERS HAVE ANY QUESTIONS? YES. UM, YES. I WOULD LIKE TO MAKE A MOTION TO BREAK INTO EXECUTIVE SESSION REGARDING PERSONNEL MATTERS PURSUANT TO SECTION 5, 5, 1 0.074 OF THE TEXAS GOVERNMENT CODE. PLEASE W THE, THE ITEM WOULD HAVE TO BE ON THE AGENDA. IT HAS TO DO WITH AN EMAIL RECEIVED ON JANUARY 11TH. THE SUBJECT MATTER OF THE PARTICULAR EMPLOYEE TO BE DISCUSSED HAS TO BE ON THE AGENDA FOR US TO GO INTO EXECUTIVE SESSION. WE CAN JUST TALK ABOUT IT ON THE DICE. IF I DON'T KNOW HOW THIS WORKS, IT'S POSTED TO DISCUSS THE PERSONNEL MATTER. IS ARE YOU WANTING TO DISCUSS YOU? YOU WANT TO GO INTO EXECUTIVE SESSION TO DISCUSS, TO DISCUSS THE EMAIL THAT WE RECEIVED ON, UH, JANUARY 1ST. I MEAN, JANUARY 11TH, THAT IS IN REGARDS TO THE AMENDED AND RESTATED, UH, RULES OF COUNSEL IT'S WITH REGARDS TO, THIS IS A QUESTION FOR THE ATTORNEY. UM, IT IS DISCUSSION OF PERSONNEL MATTERS IF WE'RE GOING TO, OR IF WE'RE GOING TO GO INTO EXECUTIVE SESSION ON PERSONNEL, WE HAVE TO LIST EITHER THE POSITION. NO, LAST TIME WE BROKE INTO AN EXECUTIVE SESSION, [03:40:01] I JUST MADE A MOTION AND THEN WE DID IT. YOU CAN GO INTO EXECUTIVE SESSION ON ANY ITEM THAT'S POSTED ON THE AGENDA. SO FOR EXAMPLE, IF YOU WANTED TO SEEK LEGAL ADVICE ON THIS ITEM, WE HAVE IT POSTED TO DISCUSS THE ALL PERSONAL MATTERS ARE GOING TO HAVE TO BE ON THE DICE. CAUSE I'M OKAY WITH THAT TOO. NO, THE, THE PERSONNEL MATTERS. YOU HAVE TO, IF YOU'RE GOING TO TALK ABOUT PERSONNEL MATTERS IN EXECUTIVE SESSION OR PUBLIC, THEY HAVE TO, YOU HAVE TO LIST THE SPECIFIC POSITION TO BE DISCUSSED OR THE NAME OF THE INDIVIDUAL. SO IF WE DON'T HAVE THAT ALREADY POSTED, THEN IT CAN'T GO INTO EXECUTIVE SESSION. WE DO HAVE AN EXECUTIVE SESSION POSTING FOR THE PLANNING DIRECTOR POSITION. SO WE CAN GO INTO EXECUTIVE SESSION FOR THAT UNDER PERSONNEL. BUT IF YOU'RE GOING TO DISCUSS A SPECIFIC POSITION, THEN THAT HAS TO BE POSTED ON THE AGENDA TO GO IN EXECUTIVE SESSION FOR THAT PURPOSE. OKAY. THEN I GUESS I COULD, WE'LL JUST DISCUSS IT HERE. IT'S FOR ME, IT DOESN'T MATTER. I WAS TRYING TO, I WAS ALWAYS, I BELIEVE THAT ANYTIME WE HAD A PERSONNEL ISSUE THAT WE WILL TALK ABOUT IN EXECUTIVE SESSION, IT SAYS IT DIRECTLY CORRELATES TO THE RULES OF COUNSEL AND THE EMAIL THAT WE RECEIVED REGARDING IT. I DIDN'T KNOW THAT HAD TO BE ON EXECUTIVE SESSION. SINCE LAST TIME I MADE A MOTION ABOUT AN ITEM ON THE AGENDA. I DIDN'T HAVE TO DO THAT. WE DID, WE, WE DID, WE WENT TO EXECUTIVE SESSION TO TAKE LEGAL ADVICE ON SOMETHING THAT WAS POSTED. OKAY. SO THEN HERE'S MY HERE'S MY, THIS IS MY ISSUE. SO ON JANUARY 11TH, I RECEIVED AN EMAIL WITH A SIGNED RESOLUTION. SO MY QUESTION IS, AND I DON'T KNOW IF IT SHOULD BE TO SCOTT OR TO YOU, IS WHO DIRECTED STAFF TO DRAFT THAT? SORRY, JUST, CAN WE DISCUSS THIS NOW OPENLY? YOU'RE ASKING ABOUT THE RULES. YOU KNOW, WE HAVE TO JUST DISCUSS THE RULES IF THERE WAS A QUESTION ABOUT WHETHER THEY NEED TO BE BROUGHT BACK OR NOT, WE CAN DISCUSS SO WE CAN DISCUSS THEM ACTUALLY BEING DRAFTED AND HANDED OUT AND UPLOADED ONTO THE CITY WEBSITE. UH, I THINK JUST AN EXPLANATION OF WHAT HAPPENED IS FINE. YEAH. I CAN REFER TO IT. SURE. OKAY. SO THE JANUARY, WHAT WAS THE DATE FIRST? SORRY, FOURTH. WHAT WAS THE DATE OF THAT? FOURTH DID JANUARY 4TH CITY COUNCIL MEETING. THE LAST TIME THE COUNCIL DISCUSSED THIS ITEM, YOU HAD COUNCIL HAD ASKED FOR, UH, THE ATTORNEY TO COME BACK AT THE NEXT MEETING WITH UPDATED RULES. RIGHT? SO AS WHAT WE ARE DOING AT THIS TIME, UH, MS. SIGNS HAD WORKED WITH, UH, MS. HOME ON CRAFTING THE LANGUAGE FOR THIS ITEM. AND, UH, THERE WAS A MISUNDERSTANDING WHERE THAT ITEM WAS PLACED AS A RESOLUTION AND PUT IN A STACK OF PAPERS FOR THE MAYOR TO SIGN AS BASICALLY FINALIZED RESOLUTIONS. AND THAT WAS DONE VERY QUICKLY. IT WAS DONE WITHIN DAYS. ACTUALLY I SAT HERE AFTER THAT, AFTER THE COUNCIL MADE THAT RECOMMENDATION TO BRING IT BACK TO THE NEXT MEETING AND WATCHED THE EMAILS GO BACK AND FORTH. SO THE LANGUAGE WAS, WAS CRAFTED VERY QUICKLY. UM, BUT THE, THE MISTAKE WAS TO PUT THAT IN THE RESOLUTION PILE FOR THE MAYOR TO SIGN, WHICH HE DID, UH, ASSUMING THAT WAS THE FINAL APPROVED RESOLUTION. UH, HOWEVER, WE DID CATCH THAT, UH, BEFORE I BELIEVE BEFORE IT GOT POSTED ON ONLINE, UH, MAYBE I'M WRONG THERE. UH, AM I WRONG? YOU'RE WRONG. OKAY. SO IT DID GET SIGNED WHEN I WAS MADE AWARE OF IT. I VERY QUICKLY, UH, SPOKE WITH MS HOME AND, UH, TOLD HER THAT, THAT IT WAS NOT THE DIRECTION OF COUNCIL. AND SO THE DOCUMENT WAS, WAS DESTROYED. IT WAS PULLED OFFLINE AND WE'VE ADDED IT TO THIS AGENDA. FOR ME, IT'S JUST BOTHERSOME. UM, CAUSE I THINK THE WHOLE ISSUE THAT WE WERE HAVING WAS OVERSTEPPING, YOU KNOW, MAKING SURE WE'RE ALL IN LINE AND ON THE SAME PAGE WITH THE THINGS THAT WE WANT. AND I WANT TO MAKE SURE THAT WE'RE NOT DIRECTING STAFF TO DO STUFF WHEN IT'S NOT APPROPRIATE. AND SO, UM, AS SOON AS I RECEIVED THAT EMAIL, I IMMEDIATELY WENT TO THE [03:45:01] MEETING AND I TRANSCRIBED IT TO MAKE SURE I UNDERSTOOD WHAT, WHAT THE MOTION WAS AND THEN I TIMESTAMPED IT AND THEN I SENT IT OUT. AND SO MY CONCERN IS IN THE TIME THAT IT TOOK ME TO DO THAT, WHY WASN'T IT DONE PRIOR TO, AND I KNOW YOU SAID THIS WOULD HAVE BEEN CAUGHT WHEN UM, THE MINUTES WERE DONE. AND SO MY SUGGESTION, BECAUSE I DON'T WANT TO GET ANY, LIKE, I WANT ACCOUNTABILITY THAT'S, WHAT'S IMPORTANT TO ME IS MAKING SURE WE'RE HOLDING EVERYBODY ACCOUNTABLE TO THEIR RESPONSIBILITIES BECAUSE WE WILL ONLY BE AS STRONG AS OUR WEAKEST EMPLOYEE. UM, AND SO I NEED TO MAKE SURE THAT THIS DOESN'T HAPPEN AGAIN. AND HOW DO WE DO THAT? IS THAT BY CHANGING PROTOCOL TO MAKE SURE WE DO MINUTES BEFORE WE DO, UM, ORDINANCES IS THAT TO MAKE SURE IS THAT TO MAKE SURE THAT NOBODY DRAFTS ANYTHING UNTIL THEY ARE AUTHORIZED AND TOLD TO, I DON'T KNOW WHAT THAT LOOKS LIKE. AND THAT'S REALLY FOR THE CITY DECIDE WHAT CANNOT HAPPEN IS A DOCUMENT GET SIGNED. AND THERE IS SOME ACCOUNTABILITY ALL AROUND BECAUSE I THINK IT'S IMPORTANT AS AN ELECTED OFFICIAL THAT WE ARE NOT JUST SIGNING DOCUMENTS AND NOT READING THEM. THAT'S BOTHERSOME TO ME AS WELL. SO I WOULD LIKE TO SEE SOMETHING IN PLACE. SO THIS DOESN'T HAPPEN AGAIN. AND WHEN I SAY IT, I MEAN, DRAFTED, SIGNED, AND UPLOADED TO THE CITY'S WEBSITE. OKAY. SO WE'VE GOT A RECOMMENDATION. UM, IS THERE ANY DISCUSSION AND I DON'T KNOW IF THAT'S EMOTION, I DON'T KNOW IF WE NEED EMOTION. I'M NOT SURE IT'S A RECOMMENDATION RIGHT NOW, BUT IF YOU WANT TO MAKE A MOTION, WE DON'T REALLY HAVE IT POSTED TO DEAL WITH THAT DIRECTION ON THE DEALING WITH THAT PARTICULAR ISSUE, UNLESS YOU WANT TO WRITE IT INTO THE RULES, SOMETHING, IT'S SOMETHING I'M NOT TRYING TO BREAK ANY RULES ON THIS. THIS IS A REAL ISSUE THAT I THINK THAT NEEDS TO BE DEALT WITH. SO IF WE NEED TO BRING IT BACK, I'M OKAY WITH THAT TOO. UM, AND REALLY THE ONLY REASON WHY WE'RE TALKING ABOUT IS BECAUSE IT HAPPENED WITHIN THESE ROLES WHERE I ALREADY HAD AN ISSUE, UM, WITH THE SITUATION. AND SO FOR ME, IT JUST WAS REALLY FRUSTRATING TO HAVE RECEIVED THIS IN THE EMAIL AND BE LIKE, WHAT'S GOING ON? I DON'T UNDERSTAND. YEAH. HEY, THIS WAS A MISTAKE, PLAIN AND SIMPLE. I DON'T KNOW WHAT RULES, YOU KNOW, YOU CAN WRITE A, YOU KNOW, A BUNCH OF RULES TO HELP THE SITUATION WHICH WE DO HAVE. WE HAVE, AGAIN, CHECKS AND BALANCES. IN THIS CASE, IT WAS A MISUNDERSTANDING OF DIRECTION BEING FINAL AT THE JANUARY 4TH MEETING, NOT UNDERSTANDING THAT IT WAS TO COME BACK AT THE JANUARY 10TH MEETING. SO IT, FRANKLY, IT WAS A MISUNDERSTANDING UNTIL THE MINUTES WOULD HAVE BEEN DRAFTED. NOW, IN THIS CASE, THERE WERE EMAILS, LIKE YOU MENTIONED, IT GOT SENT TO THE WRONG EMAIL ADDRESS. SO I DIDN'T SEE IT UNTIL TOO LATE. RIGHT. SO AGAIN, IT'S KIND OF A COMEDY OF ERRORS IN THIS SENSE. YOU KNOW, I WOULD'VE CAUGHT IT IMMEDIATELY. I DIDN'T GET THE EMAIL, BUT THAT'S SCARY FOR ME TOO. THAT THAT MAKES ME NERVOUS. LIKE I NEED TO MAKE SURE THAT AS A CITY MANAGER, YOU'RE RECEIVING YOUR EMAILS AND IF IT GETS SENT TO THE WRONG PLACE, THAT'S UNDERSTANDABLE. BUT NOW YOU'RE TELLING ME IT'S SENT TO THE WRONG ADDRESS AND ALL THIS OTHER STUFF, IT WAS SENT TO MY PERSONAL EMAIL ADDRESS. AND THAT'S, IT DOESN'T HAPPEN. RIGHT. A COUPLE OF THINGS HAPPEN HERE THAT JUST DON'T TYPICALLY HAPPEN. AND AGAIN, I DON'T KNOW WHAT POLICY TO PUT IN PLACE OTHER THAN WE DO HAVE POLICIES TO ULTIMATELY CATCH THIS. SO REGARDLESS IT WOULD HAVE BEEN BROUGHT BACK TONIGHT FACT THAT IT GOT CODIFIED IN AN ADVANCE. IT WAS AN ERRONEOUS CODIFICATION, RIGHT? IT WAS INVALID BECAUSE THE COUNCIL NEVER VOTED ON IT. SO IT WOULD HAVE COME BACK. IT'S JUST, IT'S UNFORTUNATE THAT IT GOT PLACED ON THE WEBSITE BEFORE. SO, SO JUST, UH, FOR ME, I WAS GLAD THAT WE RECEIVED THE EMAILS. SO WE WERE ABLE TO CATCH IT AS A COUNCIL AS WELL. SO THAT'S ONE THING THAT I AM GRATEFUL IS THAT THAT EMAIL DID GO OUT. WE'RE ABLE TO SEE IT. YOU PROBABLY GOT PHONE CALLS FOR SEVERAL OF US AND WE WERE ABLE TO RECTIFY IT. SO THAT, THAT FOR ME WAS PROBABLY THE SHINING LIGHT IS THAT WE GOT TO SEE IT. SO IF THIS WOULD HAVE BEEN EMAILED TO US, THEN WE PROBABLY WOULD HAVE BEEN ABLE TO CATCH IT. IT WOULD HAVE PROBABLY STOOD, YOU KNOW? SO I THINK THAT WAS A GOOD WAY OF THEME THAT ANYTIME WE DO SOMETHING LIKE THAT, WE GET AN EMAIL AS A COUNCIL OF THINGS. GOOD WAYS WHERE WE CAN HAVE THOSE CHECKS AND BALANCES. SO THAT'S ONE THING THAT I DID LIKE ABOUT GETTING THE EMAIL. YEAH. BASICALLY THE SYSTEM WORKED, THE PROCESS WORKED RIGHT. THERE WAS A MISTAKE MADE AND MULTIPLE PEOPLE CAUGHT IT IN THE PROCESS. AND IT'S BACK HERE AS, AS DIRECTED, I GUESS MY FEAR IS THERE WERE SEVERAL MISTAKES MADE. AND SO I JUST WANT TO MAKE SURE THAT [03:50:01] WE ARE HOLDING EVERYBODY ACCOUNTABLE, INCLUDING MYSELF, HOWEVER, THAT LOOKS, UM, YEAH, JUST ACCOUNTABILITY ALL AROUND. I MEAN ALL AROUND. AND YEAH. AND WITH THIS THAT I DO HAVE A FEW THINGS, UM, WITH THE, THE RULES OF COUNCIL, UH, ITEM B AGENDA, I GUESS I, I'M KINDA CURIOUS. NUMBER ONE, IT GIVES THE, THE VERY LAST SECOND TO LAST SENTENCE. IT SAYS, UH, FOUR BUSINESS DAYS PRIOR TO MEETING, UM, WHEN IT'S A WORKSHOP, UM, CAN, WHY IS IT FOUR? NOT THREE. WHICH SECTION ARE YOU LOOKING AT? LETTER B. YEAH. B ONE B ONE AGENDA. I DON'T KNOW THE ANSWER, BUT I CAN SPECULATE. I WOULD THINK THAT FOUR BUSINESS DAYS BEFORE THE MEETING, IF IT'S A WORKSHOP, WHAT IS THE QUESTION SPECIFICALLY? WHY IS IT, WHY IS IT FOUR DAYS INSTEAD OF THREE, THEY MIGHT NEED MORE PLANNING FOR THOSE. BUT THAT WOULD BE MY GUESS. 'CAUSE I SEE IT ALSO SAYS SPECIAL CITY COUNCIL MEETING OR WORKSHOP. I WOULD LIKE TO, I'D LIKE TO SEE IT AS THREE. IF, IF EVERYBODY ELSE WAS AMENDABLE TO THAT, I WOULD LOVE TO GET EVERYTHING FOUR DAYS IN ADVANCE TO YOU GUYS, BUT SOMETIMES TIME JUST DOESN'T WORK OUT. AND SINCE ALL THE OTHER, UM, INFORMATION IS REQUIRED BY, YOU KNOW, THREE DAYS OR 72 HOURS PRIOR TO I JUST TO BE CONSISTENT, I WOULD LIKE TO SEE THAT THREE INSTEAD OF FOUR 'CAUSE I GUESS WHAT YOU'RE SAYING ON SECTION NUMBER TWO, AGENDA MATERIALS MADE AVAILABLE THREE DAYS BUSINESS DAYS PRIOR. SO WHAT YOU'RE ASKING COUNCIL MEMBER FLOORS KL IS YOU WANT IT TO BE CONSISTENT WITH SECTION TWO, CORRECT? I WOULD LIKE, AND YOU WANT IT TO BE SAME EVERYTHING ACROSS THE BOARD THREE DAYS, THREE BUSINESS DAYS, THE, THE RATIONALE FOR FOUR DAYS IS BECAUSE WE, WE TRY TO POST THURSDAYS. AND SO SPECIAL MEETINGS ARE TYPICALLY TUESDAYS. SO WE WERE TRYING TO STAY TRUE TO THE THURSDAY POSTING RATHER THAN PUSHING IT TO A FRIDAY AFTERNOON. BUT SPECIAL MEETINGS CAN BE ANYTIME, ESPECIALLY MEETINGS CAN BE ANY TIME, BUT TYPICALLY THEY'RE, THEY'RE STILL ON TUESDAYS. IF IT'S THREE BUSINESS DAYS AND YOU'RE POSTING IT ON A MONDAY AND YOUR MEETING'S GOING TO BE THREE DAYS, THREE BUSINESS DAYS LATER, THEY'RE GOING TO HAVE TROUBLE. THERE, THERE MAY BE A CHALLENGE WITH MEETING OPEN MEETINGS, TIMING FOR POSTING AND, UM, MEETING OPEN MEETINGS, TIMING FOR POSTING WHEN THAT GETS RECEIVED, BECAUSE IT'S, YOU'VE GOT TO POST THE AGENDA 72 HOURS BEFORE, AT LEAST 72 HOURS BEFORE THE MEETING. AND SO THAT IS KIND OF THREE BUSINESS DAYS, DEPENDING ON WHEN YOU RECEIVE THAT EMAIL. SO THAT GETS A REALLY TIGHT TIMEFRAME FOR THE PERSON. WHO'S GOING TO RECEIVE THE EMAIL AND COMMUNICATE WITH CITY SECRETARY TO GET IT ON THE AGENDA. SO THAT MIGHT BE WHY IT'S FOUR BUSINESS DAYS. SO THAT, CAUSE YOU MAY NOT ALWAYS HAVE A WEEKEND IN BETWEEN WHEN YOU HAVE TO POST. AND WHEN THE MEETING'S GOING TO BE HELD THAT WEEKEND IN BETWEEN Y'ALL'S POSTING AND THE MEETING BEING HELD, IT GIVES YOU MORE, IT GIVES YOU A BIT MORE TIME. SO I THINK THAT MAY BE WHY THERE'S A FOUR BUSINESS DAY. I JUST NOTE THAT FOR THE ADMINISTRATIVE SUCCESS IN THIS HAPPENING, UM, YOU KNOW, IF YOU HAVE A MONDAY, THREE BUSINESS DAYS IS MAYBE ROUGHLY 72 HOURS. SO WELL, EXCEPT FOR WHEN COUNT ON THE WEEKEND, CAUSE BUSINESS DAYS DON'T INCLUDE SATURDAY AND SUNDAY. SO, SO IF WE LOOK AT THIS IS A MONDAY, RIGHT? CAUSE YOU DON'T COUNT THE WEEKEND, UNLIKE, YOU KNOW, UM, THE 72 HOURS OR THE THREE DAYS PRIOR. SO FOUR DAYS, FOUR BUSINESS DAYS AT THAT, IF IT NEEDS TO BE BY MONDAY, THEN YOU DON'T INCLUDE THE WEEKEND. AND THEN IT WOULD BE FOUR DAYS THAT WOULD, SHOULD BE THE TUESDAY BEFORE, WHICH IS ALMOST SEVEN DAYS. LET'S SAY YOU'RE GOING TO HAVE A MEETING ON FRIDAY. AND SO YOU'D HAVE TO POST BY TUESDAY, THURSDAY, FRIDAY. SO YEAH. SO THEN THREE BUSINESS DAYS BEFORE THAT FRIDAY MEETING IS THURSDAY, WEDNESDAY, TUESDAY, TUESDAY, WHICH, WHICH IS THE DAY YOU'VE GOT TO POST IN ORDER TO MEET THE OPEN MEETINGS ACT REQUIREMENTS. SO IF YOU HAVE THE POSTING DEADLINE, IF YOU HAVE THE NOTIFICATION OF WHAT I WANT ON THE AGENDA, [03:55:02] VERY CLOSE TO THE TIME THAT THEY HAVE TO POST THAT'S GONNA CAUSE SOME OPERATIONAL ADMINISTRATIVE ISSUES WHERE THAT MIGHT GET MISSED. YOU MIGHT MISS THE 72 HOUR WINDOW. SO I THINK THAT'S WHY THEY HAVE THE FOUR BUSINESS DAYS. I'M JUST GUESSING. CAUSE IF YOU'VE GOT YOUR AGENDA ITEM ON MONDAY, THEN THEY'D POST THEY'D PREPARE THE AGENDA. THEY'D HAVE TUESDAY TO PREPARE THE AGENDA ITEM AND THEN POSTED ON TUESDAY FOR A FRIDAY MEETING. SO THAT'S AN EXAMPLE WHERE FOUR BUSINESS DAYS IS KEEPS, KEEPS, SOMEBODY, KEEPS SOMETHING FROM NOT GETTING ON THE AGENDA FROM A TIMING ISSUE. AND IT BEING A VERY UPSETTING, OKAY. I MEAN, IF IT'S DIFFERENT FOR A SPECIAL MEETINGS, THAT'S FINE. I WAS JUST TRYING TO KEEP THINGS CONSISTENT. UM, AND SO MOVING ON TO UNDER AGENDA, UM, IT LOOKS LIKE THERE'S A TYPO. IT SAYS, UH, IT'S NUMBERED 1, 2, 2, 3. SO IF WE COULD CHANGE THAT. UM, SO WE'RE READ ONE. YES. UNDER SECTION B UNDER AGENDA, ERIC COULD READ 1, 2, 3, 4, 3, 4. OKAY. AND THEN THAT, UM, I WOULD LIKE TO CONFORM TO SECTION 3.07 OF THE CITY OF KYLE'S CHARTER. I'D LIKE TO MAKE A MOTION TO ADD A SECTION NUMBER FIVE UNDER SECTION B AGENDA OF THE RULES OF COUNCIL, WHICH WILL READ THE CITY MANAGER SHALL APPROVE ALL MEETING AGENDAS. IF I WANT TO ADD THAT. YES. BECAUSE ACCORDING TO THE CHARTER, THE MAYOR OR THE MANAGER ARE SUPPOSED TO APPROVE ALL AGENDAS. AND SO MY SUGGESTION, MY MOTION IS TO CONFORM TO SECTION 3.0 C OF THE CITY OF KYLE CHARTER BY ADDING, UM, A NUMBER FIVE UNDER SECTION B, WHICH READS THE CITY MANAGER SHALL APPROVE ALL MEETING AGENDAS. UH, I GUESS MY QUESTION IS FOR SCOTT, DID WE ALREADY TAKE SUCH A VOTE? I REMEMBER THE DISCUSSION. I JUST DON'T REMEMBER WHAT, SO MY PREVIOUS VOTE WAS TO REMOVE THE TERM MAYOR AND I THINK WE HAVE A MOTION. SO IF SOMEONE WANTS TO SECOND IT, IF NOT, IT DOESN'T EVEN MATTER. WE'RE TRYING TO SEE IF WE CAN SECOND AND WE CAN EVEN MOVE FORWARD RIGHT NOW ON IT IS WHAT I'M TRYING TO SEE. CAUSE I THINK WE'VE ALREADY DISCUSSED THIS. I THINK I'VE ALREADY TAKEN A VOTE ON IT. SO IT COULD BE SIX MONTHS BEFORE YOU BRING IT BACK. SO I'M JUST TRYING TO GET CLARIFICATION PLEASE. YEAH. I THINK THE PRIOR MOTION WAS ABOUT REMOVING THE MAYOR FROM RECEIVING THE AGENDA ITEMS. SO I THINK THAT'S WHAT THE PRIOR VOTE WAS. THAT WAS MY, THAT WAS MY PRIOR VOTE WAS TO REMOVE THE MAYOR FROM ALL OF AGENDA. MY CURRENT SECTION B WAS YOUR EXACT MOTION. THANK YOU. AND SO THIS ONE JUST ADDS THE MAYOR, NOT THE MAYOR, THE MANAGER TO APPROVE ALL AGENDA MEETINGS. OKAY. THEN WE'RE GOOD TO MOVE FORWARD. SO WE'VE GOT A MOTION ON THE FLOOR AND SECOND WE GOT SECOND OR WE GOT A SECOND AS WELL. IT'S GOT A MOTION BY A COUNCIL MEMBER, KALE, SECOND ONE BY COUNCILMEMBER PARSLEY, ANY DISCUSSION COUNCIL NELSON. SO, UH, YOU'RE STATING THAT YOU'RE TAKING LANGUAGE FROM THE MUNI CODE, UH, HERE'S SECTION 3.07 FOR MEETINGS. SO YOU'RE MY ONLY ISSUE WITH THIS IS YOU'RE TAKING ONE PART OF THAT LANGUAGE FROM THAT, THAT SENTENCE, WHICH IS THE OVERALL LAW GOVERNING DOCUMENT THAT WE CREATE OTHER POLICIES FROM THE CHARTER SAYS THE MAYOR OR CITY MANAGER SHALL APPROVE. SO WHY WOULDN'T WE JUST PUT THE EXACT LANGUAGE AS IT SHOWS IN THE CHARTER, IN THE RULES FOR ME, I FEEL LIKE MY ISSUES WITH THE AGENDA CAN BE SOLVED BY KEEPING THE MAYOR IN THERE AND THEN HAVING THE MANAGER APPROVE, UM, THE CHARTER DOESN'T SPECIFY, WHICH NEEDS TO INFECT THE CHARTER. DOES A REFERENCE ANYTHING AS FAR AS WHO CREATES THE AGENDA IS SIMPLY STATES, UM, THAT EITHER, EITHER THE MAYOR OR THE MANAGER SHALL APPROVE. AND SO WHAT I'M DOING IS I'M TAKING THAT VERBIAGE AND I'M ADDING IT TO SECTION TWO, THE SECTION NUMBER FIVE OF THE AGENDA. YES, I UNDERSTAND. BUT YOU'RE TAKING PART OF THE LANGUAGE, BUT THAT'S MY ONLY CONCERN IS YOU'RE TAKING PART OF THE LANGUAGE THAT IS THE OVERALL GOVERNING DOCUMENT TO PUT AS A, ANOTHER BULLET POINT THERE. AND, YOU KNOW, WE HAD THIS DISCUSSION LAST TIME. UH, I DO NOT SEE THIS AS THE RESOLUTION TO SOLVE YOUR PROBLEM. UH, AND THE REASON WHY I DON'T IS BECAUSE REGARDLESS OF [04:00:01] WHO THE MAYOR IS, WHAT IF THE CITY MANAGER DIDN'T LIKE YOU AS WELL, AND DIDN'T, UH, PUT YOUR AGENDA ITEMS AT THE BEGINNING OR HELD YOUR AGENDA ITEM BACK FOR WHATEVER REASON, THERE'S STILL NO RECOURSE OR ARBITER TO ALLOW FOR YOUR CONCERN TO BE MET, UM, BY AN OVERSEEING BODY THAT CITY MANAGER COULD STILL DO THOSE SAME THINGS. SO RATHER THAN PULLING PEOPLE OUT, WHICH AS IT STATES IN THE CHARTER, THESE ARE THE POOP ROUTES THAT, UH, ONE OR THE OTHER SHALL APPROVE PROVIDE AN OPPORTUNITY FOR ALL OF US TO BE AWARE OF WHAT THE ISSUE IS. SO I'M JUST GOING TO GO AHEAD AND GO DOWN THIS ROAD. SO THIS ALL FROM, FROM MY UNDERSTANDING AND I, I LISTENED TO YOUR, UH, YOUR COMMENTS LAST TIME AND I, MY FLOATERS CAROL, THIS, THIS WHOLE ISSUE, AND I KNOW SOME PEOPLE PROBABLY DON'T WANT TO HEAR THIS WHOLE THING. THIS IS A VERY SERIOUS ISSUE THAT YOU BRING UP EXTREMELY SERIOUS. AND THAT'S WHY I PROBABLY AFFORDED MORE TIME TO THIS PARTICULAR ITEM THAN ANY OTHER ITEM THIS WEEKEND I SAT THROUGH AND LISTENED TO IT LIVE. I WA I WATCHED YOUR COMMENTS AGAIN BEFORE I MET WITH RESIDENTS. AND THEN I'VE WATCHED IT THREE TIMES, UH, TWO MORE TIMES THIS WEEKEND, TRYING TO OPEN MY MIND AND TRYING TO UNDERSTAND HOW DO WE SOLVE THIS SERIOUS PROBLEM THAT YOU'RE HAVING. AND, UM, REVIEWING ALL THAT AND REVIEWING THE LANGUAGE, LOOKING AT THE RULES, LOOKING AT THE CHARTER, YOU MADE TWO CHARGES LAST TIME. ONE DID YOUR, UH, AGENDA ITEMS ARE ALWAYS AT THE BOTTOM OF THE AGENDA. I THAT'S BEEN THE CASE FOR ME FOR IN MY FIFTH YEAR NOW. UH, I WOULD LOVE TO BE AT THE TOP OF THE AGENDA. HOW DO WE SOLVE THAT? HERE'S THE ONE WAY WE SOLVE IT. WE CHANGE THE RULES OF COUNCIL TO MAKE THAT ALL COUNCIL SPONSORED AGENDA ITEMS ARE AT THE TOP OF EACH SECTION. NOW, DOES THE COUNCIL HAVE A DESIRE TO DO THAT? CAUSE THAT WOULD FIX THAT ISSUE OF OUR AGENDA ITEMS BEING AT THE BOTTOM. DO WE WANT TO DO THAT OR NOT? I ASKED THE COUNCIL TO MAKE A MOTION. SECONDLY, SO THAT WOULD SOLVE THAT ISSUE. SECONDLY, YOUR CHARGE OF NOT BEING ABLE TO GET YOUR AGENDA ITEMS ON THE ONLY EXAMPLE AND THE ONLY DEFINITIVE, UH, CASE WE HAVE OF THAT NOT HAPPENING IS ON DECEMBER. UH, THE FIRST DECEMBER MEETING OF LAST YEAR THAT HEAR ME OUT THIS, CAUSE YOU STATED, I LISTENED TO YOUR COMMENTS MULTIPLE TIMES. YOU STATED THAT THERE WERE OTHER ISSUES, BUT YOU DIDN'T WANT TO BRING THOSE UP. WE HAVE NO WAY OF KNOWING WHAT THOSE ARE. IF YOU DON'T EITHER BRING THEM UP OR THEY'RE NOT MADE APPARENT TO US THROUGH SOME KIND OF PROCESS, THIS ARBITRATION PROCESS THAT THE CITY ATTORNEY WOULD OVERSEE, UH, A DISPUTE BETWEEN THE COUNCIL MEMBER REQUESTING THE ITEM AND WHOMEVER'S APPROVING IT. THE CITY ATTORNEY WOULD HAVE TO WRITE THE LEGAL OPINION AND PROVIDE THAT TO ALL OF COUNCIL. SO IF THIS RULE WAS IN PLACE, THEN I'M PROPOSING RIGHT NOW, ALL THROUGHOUT LAST YEAR, WE WOULD HAVE KNOWN OF EVERY SINGLE CASE THAT YOU HAD REQUESTED AN AGENDA ITEM AND WHY IT WAS REJECTED BECAUSE THE CITY ATTORNEY WOULD HAVE HAD TO PROVIDE US ALL THE EXPLANATION, NOT ONLY WHAT YOU REQUESTED HER EXPLANATION FOR WHY YOUR AGENDA ITEM WAS REQUESTED. THAT'S WHY I FEEL THIS, THIS SOLUTION SOLVES THAT PROBLEM BECAUSE WE WOULD ALL KNOW ABOUT IT. ONCE AGAIN, YOU'RE CHARGED LAST TIME WHERE ALL THE MEETINGS THAT YOU HAD WERE AT THE BOTTOM OF THE AGENDA, ONCE AGAIN, I THINK I'VE PROVIDED THE SOLUTION FOR THAT. AND IN THE SECOND, WAS THAT YOUR ITEMS WEREN'T GETTING ON THE AGENDA, THE ONLY YOU DIDN'T PROVIDE EXAMPLES OF ANY OF THE OTHER OPTIONS WHERE THAT HAS HAPPENED THROUGHOUT LAST YEAR. I'M NOT SAYING IT HASN'T, IF IT HAS, THAT IS AGREGIOUS AND A PROBLEM IS A SINCERE PROBLEM, BUT THE ONLY EVIDENCE WE HAVE DEFINITIVELY IS THE ONE THAT YOU DID NOT GET ON THE DECEMBER 1ST MEETING. AND YES, THAT WAS WRONG. AND I'M GOING TO GO BACK AND SHOW WHERE THAT SHOULD HAVE BEEN PUT ON THE AGENDA. SO IF YOU GO BACK COUNCIL, ALL OF YOU ALL WERE HERE WITH THE EXCEPTION OF COUNCIL MEMBER PARSLEY, DECEMBER 1ST, 2020. UH, THIS WAS AFTER THE GENERAL ELECTION. IF YOU WANT TO FOLLOW ALONG WITH THE DATES, THIS WAS AFTER THE GENERAL ELECTION WHERE COUNCIL MEMBERS, BRADSHAW AND FLORES KALE WERE ELECTED TO THE COUNCIL. ON DECEMBER 1ST, THAT REGULAR MEETING, THERE WAS AN ATTEMPT TO PUT THE MAYOR PRO TEM ITEM ON THE AGENDA AND THAT GOT ON THE AGENDA. WHY? BECAUSE IT WAS THE MAYOR THAT REQUESTED THAT ITEM TO BE PUT ON THERE. AND IT WAS PLACED ON THERE. NOW THE COUNCIL KNEW THAT THERE WAS A RUNOFF ON DECEMBER 8TH. SO GENDER WAS DECEMBER 1ST RUNOFF WAS DECEMBER 8TH, THE COUNCIL. AND I WENT BACK AND WATCHED THAT MEETING TO YOU AND COUNCIL MEMBER TO BE AS BOTH SPOKE UP TO NOT HAVE THAT VOTE BECAUSE THE DYESS WASN'T SET [04:05:01] AND THE COUNCIL AGREED, BUT THAT WAS THE MAYOR'S RIGHT TO PUT THAT A COUNCIL AGENDA ITEM ON THERE. AND THEN IT WAS OUR RIGHT TO DECIDE WHAT WE WANTED TO DO WITH THAT. AND THE COUNCIL ALL REJECTED TO HAVE THAT VOTE ON THAT DECEMBER 1ST AND WAIT TO THE RUNOFF THAT RUNOFF HAPPENED. UH, UH, MR. MITCHELL WON RE-ELECTION AND THEN HE BROUGHT BACK THE AGENDA ITEM ON DECEMBER 15TH TO HAVE THE MAYOR POACH HIM ITEM VOTED ON AND THEN THE COUNCIL DID IT. THE SAME EXACT THING THAT HAPPENED IN 2020 SHOULD HAVE HAPPENED IN 2021. YOU SHOULD HAVE HAD YOUR AGENDA ITEM ALLOWED TO BE PUT ON THAT MONDAY NIGHT AGENDA. AND I HAVE SPOKEN TO LEGAL ABOUT THIS AND GONE THROUGH IT BACK AND FORTH, AND THEY ARE IN AGREEMENT. SO YOU SHOULD HAVE HAD THAT ON THERE. AND IF THIS PROCESS THAT I'M PROPOSING HAD BEEN IN PLACE, WE WOULD HAVE ALL BEEN AWARE OF IT. WE WOULD HAVE ALL HAD THE LEGAL OPINION THAT OUR CITY ATTORNEY IS SAYING THAT THIS COUNCIL MEMBER REQUESTED IT. IT DID NOT. IS WE, UH, IDENTIFIED LAST TIME, THE TEXAS OPEN MEETINGS ACT LANGUAGE RELATED TO CITY BUSINESS, WHICH IT WAS TEXAS OPEN MEETING, LIKE EX ENGLISH, UH, ACT LANGUAGE WAS SIMPLE, A VOTE ON THE MAYOR PRO TEM ITEM. IT HAD NOT FAILED WITHIN THE LAST SIX MONTHS. SO IT DIDN'T MEET, UH, IT DIDN'T, UH, NOT PASS THAT CRITERIA. AND THEN MORE THAN NO MORE THAN THREE ITEMS PER COUNCIL MEMBER, YOU PASSED ALL OF THOSE, THOSE REQUIREMENTS. ACCORDING TO THE CHARTER, ACCORDING TO OUR RULES OF COUNCIL, ACCORDING TO THE TEXAS LAW AND EVERYTHING ELSE, THAT'S OUTLINED, UH, AS THE LANGUAGE STATES. SO YOU SHOULD HAVE HAD YOUR AGENDA ITEM PLACED ON THAT DECEMBER SIX MEETING OF 2021. AND THEN THE RUNOFF ELECTION WAS THAT VERY NEXT TUESDAY. I, I CAN'T ASSUME OTHERWISE THEN YOU HAVING LIVED THROUGH THAT DECEMBER, 2020 INSTANCE, AND THEN BROUGHT FORWARD THAT SAME ITEM. I DON'T KNOW WHY YOU WOULD HAVE DONE THAT OTHER THAN FOR POLITICAL REASONS, BUT YOU STILL HAD THE RIGHT TO DO IT STILL, EVEN THOUGH THE COUNCIL A YEAR BEFORE HAD MADE IT CLEAR THAT WE DON'T WANT TO VOTE ON MAYOR PRO TEM UNTIL ALL OF THE DIOCESE SET, BUT STILL YOU HAD THAT RIGHT TO GET IT ON THERE. AND ONCE AGAIN, HAD THIS POLICY, THE POLICY BEEN UPDATED AS IT IS TODAY, WE WOULD HAVE ALL SEEN THAT AND WOULD HAVE ALL BEEN AWARE OF THE EGREGIOUS ACT. IT HAD BEEN PLACED AGAINST YOU. AND YES, THAT'S WHAT I'M SAYING. AND I'VE TALKED TO THE MAYOR ABOUT THIS. HE EXPRESSED CONTRITION ABOUT IT, BUT IT'S STILL WRONG. IT SHOULD NEVER HAPPEN AGAIN NOW. UH, AND THEN IT, IT, UH, I WOULD HAVE BEEN THE FIRST ON THAT TUESDAY NIGHT TO SAY, NO, LET'S LOOK AT LAST YEAR, WE JUST WENT THROUGH THIS. THE COUNCIL IS NOT SET. THIS IS NOT THE TIME FOR THIS VOTE. AND I WOULD HAVE HOPED COUNCIL WOULD HAVE JOINED ME IN THAT OPINION BECAUSE THAT'S WHAT WE JUST SET THE PRECEDENT FOR LAST YEAR. AND THEN I WOULD HAVE A STRONG ARGUMENT THAT IT WAS VERY MUCH ALLOWED ON THE DECEMBER 16TH MEETING. AND PAIGE KNOWS I HAD A VERY STRONG CONVERSATION WITH UNDER HER COLLEAGUES ABOUT HOW THAT, THAT, THAT WAS AFFORDED TO BE ON THAT OPPORTUNITY BECAUSE JUST BECAUSE WE MOVE, UH, THE MEETING FROM A REGULAR, UH, SESSION ON THAT TUESDAY TO GIVE THE STAFF OFF THE WEEK AND HAVE THE SPECIAL MEETING THAT IS NO REASON FOR US TO NOT BE ABLE TO CONDUCT CITY BUSINESS ONE AND THEN TWO, THE WHOLE COMMERCE SITUATION, WHICH I WON'T GO INTO THAT. BUT, UM, ONCE AGAIN, I, I, MY HEART ACHES, BECAUSE THIS SHOULD NOT HAVE HAPPENED TO YOU. THIS THIS SHOULD NOT HAPPEN TO ANY COUNCIL MEMBER TO HAVE THEIR AGENDA ITEM, A WITHHELD, BECAUSE AS LONG AS YOU MEET THE FOUR CRITERIA THAT WE STATED LAST TIME. AND SO THAT'S WHY I FEEL LIKE THAT THIS, THIS OPTION HERE IS NOT REPETITIVE BECAUSE IT DOES NOT. THERE'S NO LANGUAGE IN THERE STATING THAT THE REST OF THE COUNCIL SHOULD BE MADE AWARE OF THIS. THERE'S NOTHING STATING IN THERE THAT THE CITY ATTORNEYS SHOULD MAKE A LEGAL OPINION AND HAVE A WRITE-UP ABOUT IT. SO THIS IS ADDITIONAL THINGS TO HOLD THOSE PEOPLE ACCOUNTABLE. SO I'D LOVE TO SEE A MAYOR OR CITY MANAGER. DOES IT MATTER? WHO'S HOLDING THAT POSITION, GO AGAINST THAT RULE BECAUSE THEN THEY'RE GOING TO BE WITHHELD TO THE CITY ATTORNEY AND THE CITY ATTORNEY'S ON THE LINE TO GIVE A STRONG, LEGAL OPINION ABOUT WHY OR WHY NOT THAT AGENDA ITEM SHOULD GO ON THERE. AND THEN WE ALL GET TO HEAR IT. AND GUESS WHAT IF WE STILL DISAGREE WITH EVEN THAT LEGAL OPINION, SOME OF Y'ALL MIGHT NOT LIKE THIS, BUT I'M JUST SAYING THIS, HYPOTHETICALLY, THIS IS NOT ABOUT ANYBODY IN PARTICULAR HOLDING THESE POSITIONS. WE HAVE TOOLS AT OUR DISPOSAL. YOU MADE COMMENTS LAST TIME ABOUT THAT. YOU CAN ONLY HOLD THE CITY MANAGER ACCOUNTABLE. THAT'S NOT TRUE. COUNSEL IS RIGHT IN THE, UM, UH, RIGHT IN THE CHARTER SECTION 3.05 CITY COUNCIL JUDGE OF HIS OWN MEMBERS. THERE'S ALSO THE ETHICS COMMISSION, UH, SECTION [04:10:01] 12.01. IF ALL OF THOSE STEPS ARE NOT MET, YOU CAN HOLD THE CITY MANAGER JUST ACCOUNTABLE IN THE SAME WAY. YOU CAN HOLD YOUR COLLEAGUES ACCOUNTABLE. YOU CAN FOLLOW THE ETHICS COMPLAINT WITH THE X'S COMMISSION. AND IF IT IS INDEED TRUE, AND YOU HAVE EVIDENCE THAT MULTIPLE TIMES THROUGHOUT LAST YEAR, THAT YOUR AGENDA ITEMS YOU WERE REQUESTED, AND THEY MET ALL THIS CRITERIA AND THEY WERE REJECTED. AND IF THE CITY ATTORNEY WAS INVOLVED, AND YOU'RE SAYING THAT, BECAUSE LAST TIME I BROUGHT THIS UP AND COUNCIL MEMBER FLORES CO WITH ALL DUE RESPECT, YOU CALLED MY COMMENTS, RIDICULOUS. I'M TRYING TO HELP SOLVE IT. AND A PROBLEM THAT I REALLY DO TAKE SINCERELY, AND I FEEL FOR YOU, AND THIS HAS HAPPENED. THIS SHOULD NOT, ONCE AGAIN, NOT HAPPENED TO ANY COUNCIL MEMBER EVER, BUT IF, IF ALL OF THOSE THINGS WERE IN PLACE AND THE CITY ATTORNEY STILL REJECTED YOUR, UH, AGENDA ITEM REQUESTS, YOU COULD FALL AN ETHICS COMPLAINT AGAINST THAT INDIVIDUAL AS WELL. THE SAME AS YOU COULD DO ABOUT THE CITY MANAGER OR ABOUT ANY OF YOUR COLLEAGUES. SO ALL OF THOSE THINGS ARE AT YOUR DISPOSAL. ARE THEY TOUGH TO DO, DO THEY, ARE THEY VERY POLITICALLY CHARGED? WILL IT CREATE A BUNCH OF HUBBUB? SURE. PROBABLY, BUT AT THE END OF THE DAY, WHAT IS RIGHT IS RIGHT, AND WHAT IS WRONG IS WRONG AND WHAT HAPPENED TO YOU AND YOUR AGENDA ITEM? AND THE WAGGA SAID, THE ONLY ONE I HAVE EVIDENCE OF IS THE MAYOR PRO TEM ITEM YOU REQUESTED IN DECEMBER OF 2021, BECAUSE YOU MADE, ONCE AGAIN, I LISTENED TO YOUR COMMENTS OVER AND OVER. YOU MADE REFERENCE THAT THERE WERE OTHERS, BUT YOU NEVER GAVE US ANY EVIDENCE OF THAT HAPPENING. THE ONLY ONE I DEFINITIVELY HAVE, AND I'VE HAD CONVERSATIONS WITH THE MAYOR AND HE'S ADMITTED THAT HE WAS OFF BOUNDS WITH HIS AUTHORITY ON DOING THAT IS THAT ONE. AND EVEN IF IT'S JUST ONE TIME, I THINK THAT'S ONE TIME TOO MANY. THIS IS A, AS WE HAD DISCUSSION WITH, UH, OUR CITY ATTORNEY LAST TIME, THIS IS ONE WAY WE CAN GO ABOUT SOLVING THESE PROBLEMS AND MAKING SURE THEY DON'T HAPPEN IN THE FUTURE. THE OTHER THING I, ONCE AGAIN, IF THIS HAD HAPPENED TO ME, I, OUT OF, OUT OF FATHER ETHICS COMPLAINT DONE IT, I WOULD'VE HAD ALL MY DUCKS IN A ROW AND EVIDENCE THERE SHOWING THAT THIS WAS, THIS SHOULD NOT HAVE BEEN ALLOWED. AND ANY OTHER STAFF MEMBER THAT COLLUDED IN THAT HAPPENING, THAT COMPLAINT WOULD HAVE GONE AGAINST THEM TOO. BUT ONCE AGAIN, I, I'M NOT IN FAVOR, ULTIMATELY THE CHARTER AND THE MUNI CODE OR THE ULTIMATE GUIDING DOCUMENTS FOR ME, THAT THAT IS THE, THE HEAD LAW. AND SO I AM VERY RELUCTANT TO PICK AND CHOOSE LANGUAGE FROM THERE. I RATHER HAVE LANGUAGE EXACTLY MIRROR THAT BECAUSE THAT IS WHAT OUR VOTERS HAVE ELECTED AND VOTED ON. AND TH THAT IS, THAT IS THE ULTIMATE, IF YOU WILL QUOTE UNQUOTE CONSTITUTION OF OUR CITY. AND THAT'S WHAT I WOULD RATHER HAVE LANGUAGE THAT IS IN OUR RULES AND OUR POLICIES OR ANYTHING, I'D RATHER HAVE IT EXACTLY REFLECT THE WAY THAT IT SAYS IN OUR CITY CHARTER AND ENCODE ORDINANCES. UM, SO I EMPLOYED THE COUNCIL TO TAKE IN CONSIDERATION THE AGENDA ITEM. IF IT'S SPONSORED BY A COUNCIL MEMBER TO PUT IT AT THE TOP OF EACH SECTION THAT SOLVES THAT PROBLEM ABOUT BEING AT THE BOTTOM. AND ONCE AGAIN, I KNOW WHAT IT'S LIKE BEING AT THE BOTTOM. I'VE BEEN ON THIS COUNCIL FOR FIVE YEARS. I'VE BEEN AT THE BOTTOM OF EVERY AGENDA ITEM, MUCH LONGER THAN YOU HAVE. SO I KNOW THAT FRUSTRATION, BUT FOR ME, IT'S MORE ABOUT IF I GET THAT, THAT AGENDA ITEM PASSED RATHER THAN WHERE I WAS ON THAT ITEM, BUT THAT SOLVES THAT PROBLEM. AND THEN THIS, THIS OTHER SOLUTION THAT I PROPOSED LAST TIME, AND WE'RE EVEN ADDING ADDITIONAL LANGUAGE TO THAT HAMMERS HOME, THAT IF THIS EVER HAPPENS TO ANY COUNCIL MEMBER EVER AGAIN, WE ARE ALL GOING TO BE, UH, MADE AWARE OF IT. AND THERE'S NOTHING THAT YOU WILL HAVE TO EITHER SAY THAT, YOU KNOW, I HAVE OTHER EVIDENCE OR ANY DIFFERENT, LIKE THINGS LIKE THAT, BECAUSE WE WOULD ALL HAVE IT. WE WOULD ALL KNOW. SO THAT THAT'S MY, UH, EMPLOYER TO THE COUNCIL IS FOLLOW THE CHARTER LANGUAGE AS IT IS, FOLLOW THE MUNI CODE AS IT IS. THAT IS OUR MAIN GOVERNING LAW. AND THEN IF WE WANT TO SOLVE THE PROBLEM ABOUT AGENDA, UH, COUNCIL MEMBERS AGENDA, I WAS BEING AT THE BOTTOM OF AN AGENDA. LET'S, LET'S MAKE A RULE CHANGE THAT EACH SPONSOR TO COUNCIL MEMBER AGENDA ITEM MUST BE AT THE TOP OF EACH SECTION. OKAY. THANK YOU. NOW, CAN I GET A CHANCE TO, LIKE, I DIDN'T EVEN GET A CHANCE TO FINISH. I DIDN'T EVEN GET TO FINISH. I GOT INTERRUPTED. SORRY. I THOUGHT YOU WERE DONE. I THOUGHT YOU WERE DONE. SO HOLD ON. CAN I, ANYONE ELSE CONCERNED PARSLEY? I JUST THINK THAT THIS WILL HELP THE PATH FOR FUTURE COUNCIL MEMBERS. I WAS, SHE'S DOING, I WAS REVIEWING, UM, RULES FOR COUNCIL FOR NEARBY CITIES. UM, [04:15:01] NEW BROWN FALLS, BUDA AND SAN MARCOS. THEY ALL ASKED FOR THE CITY MANAGER, LIKE TO DRAFT AND APPROVE THE AGENDA ITEMS. SO I, AGAIN, DON'T SEE THE NEED OF HAVING MAYOR, ESPECIALLY BECAUSE HE SAYS THE MAYOR OR THE CITY MANAGER OR THE MAYOR. SO I, I DON'T UNDERSTAND THE NEED OF IT IF WE CAN HAVE ONE POINT OF CONTACT STILL. UM, I WAS TRYING TO ASK PAIGE, WHEN CAN YOU USE ONE OR THE OTHER ONE? CAN I JUST PUT MY AGENDA ITEM TO SPECIFICALLY GO TO THE CITY MANAGER TO GET APPROVED OR NOT? UM, I DON'T KNOW IF THAT WILL ALLEVIATE PART OF THE ISSUE. IF I SAY, HEY, THIS IS MY AGENDA, AND I'M SENDING IT TO THE CITY MANAGER SPECIFICALLY FOR HIM TO REVIEW. UM, THEN WHY, WHY IS IT MAJOR IN THERE ADDED? IS THERE ANY FOR IT? I MEAN, I DON'T KNOW. I WAS JUST REVIEWING OTHER RULES OF COUNCIL FOR NEARBY CITIES AND I DIDN'T SEE IT IN THERE. SO I JUST THINK HAVING ONE POINT OF CONTACT WHEN YOU'RE ADDING AN AGENDA ITEM IS BETTER THAN HAVING TO, YOU DON'T KNOW WHAT, WHICH ONE IS GOING DO. I NEED TO SPECIFY WHO IS GOING TO BE REVIEWING AN AGENDA ITEM WHEN I BRING ONE OFF. SO THAT WAS MY ONLY COMMENT. OKAY. ANYONE ELSE? ALL RIGHT. IF I'M NOT MISTAKEN, THE CHARTER STATES IN THERE SAYS THAT THE MAYOR IS REQUIRED. I DON'T HAVE TO, TO APPROVE IN THE CHARTER. WHAT IS IT? THE 5 0 3. WHAT IS IT STATE IN THERE? 3 0 7. I DON'T HAVE IT IN FRONT OF ME. I'M JUST TRYING TO THINK OF IT AT THE TOP OF MY HEAD OF WHAT THE ACTUAL CHARTER STATES, AS FAR AS WHAT I THINK COUNCILMAN NELSON IS SAYING, HAVING THE SAME EQUAL VERBIAGE ON THAT, FOLLOWING THE CHARTER, ACCORDING TO THE RULES OF COUNCIL. CORRECT. SO YOU WANT ME TO READ THE LANGUAGE? IF YOU DON'T MIND, SIR, I DON'T HAVE IT IN FRONT OF ME. I'LL START. THIS IS THE LAST SENTENCE OF SECTION 3 0 7. UNDER MEETING SAYS THE MAYOR OR CITY MANAGER SHALL APPROVE MEETING AGENDAS. AND A COUNCIL MEMBER MAY REQUIRE ANY ITEM RELATED TO CITY BUSINESS TO BE PLACED ON AN AGENDA, WHICH PER, WHICH NOTICE MAY BE GIVEN. OKAY. YOU'RE GOOD. COOL. OKAY. SO, UH, I'LL JUST WANT TO WEIGH IN A LITTLE BIT HERE. SO FOR ME, WHEN I SEE MAYOR OR CITY MANAGER, I THINK ABOUT THE PROCESS. SO FOR ME, IT'S WHEN IT, SCOTT'S NOT AROUND OUR CITY MANAGER OR WHOEVER THE CITY MANAGER IS, WHETHER THEY'RE NOT AROUND THAT WEEK, THEN DO WE JUST ARTIST STANSTEEL, WE DON'T HAVE A MEETING THE FOLLOWING WEEK BECAUSE YOU'RE ILL OR SOMETHING OR YOU'RE OUT OF TOWN. SO I THINK THAT'S THE REASON WHY IT'S MAYOR OR CITY MANAGER IS BECAUSE THE COUNCIL'S BEFORE US AND THE CITY CITIZENS KNEW THAT IT'S EITHER WAR. AND I THINK THAT'S WHY IT SAYS EITHER CITY MANAGER OR MAYOR TO MAKE SURE, BUT WHEN WE'RE SENDING AN AGENDA ITEMS, WE DON'T HAVE TO SEND THEM TO THE MAYOR. WE CAN SEND THEM TO SCOTT DIRECTLY AND EITHER, OR AS WELL. SO WE DON'T HAVE TO SEND IT TO THE MAYOR. WE CAN SEND IT TO CITY MANAGER OR THE MAYOR, WHATEVER YOU WANT TO DO ON YOUR AGENDA ITEMS. SO IT DOESN'T LIST THAT YOU HAVE TO SEND IT TO BOTH OF THEM. YOU CAN SEND IT TO JUST ONE, IF YOU WANT. AND THAT'S JUST MINE. UH, LET ME BE CLEAR. I NEVER SENT ANY AGENDA ITEM TO THE MAYOR. IT WAS ALWAYS TO THE CITY MANAGER AND I STILL HAVE THAT SAME PROBLEM. SO THAT'S MY CONCERN AND IS I'M NOT, I WROTE DECKS THE NEXT DAY, MAYBE EVEN THAT NIGHT. AND I REACHED OUT, I SAID, THANK YOU FOR BEING THE ONLY ONE TO STICK UP FOR ME, BECAUSE THAT MEANT A LOT. UM, BUT IT IN SANE WITH THAT, I'M NOT SAYING WHERE YOU SUGGESTED AS BAD. I DIDN'T SAY ANYTHING ABOUT THAT. UH, WHAT I'M TRYING TO DO IS TO SOLIDIFY EVEN MORE, THE FACT THAT I THINK IT'S IMPORTANT TO BE ABLE TO HAVE SOMEBODY THAT'S ACCOUNTABLE. SURE. I COULD WRITE AN ETHICS COMPLAINT BECAUSE I HAVE IT KNOW IN BETWEEN WORKING IN KIDS AND CITY COUNCIL. I HAVE TIME TO DO THAT. YOU KNOW, MY HOPE IS IF, IF WE HAVE ONE PERSON AND IF IT FEELS BETTER, I'LL STAY IN THE MAYOR. I DON'T CARE WHO IT IS. AS LONG AS IT'S SOMEBODY HELD ACCOUNTABLE FOR APPROVING THE AGENDA, I THOUGHT IT WOULD BE A GOOD BALANCE TO HAVE THE MAYOR AND, AND THE CITY MANAGER CREATED WHICH F Y I WE'RE ALL ON THE SAME PAGE. IT DOES NOT REFERENCE THAT ANYWHERE IN THE CHARTER, WHO IS TO CREATE THE AGENDA THAT IS STRICTLY DONE IN THE RULES OF COUNCIL. SO TO SAY, WHAT WE, WHAT WE THINK ABOUT WHY IT SAYS MAYOR OR MANAGER IS JUST AN ASSUMPTION. SO I FELT LIKE, YOU KNOW WHAT, THAT'S, I DON'T WANT, MAYBE THAT'S THE BATTLE IS NOT WORTH FIGHTING. I'LL KEEP THEM, YOU KNOW, UM, FIGURE IT OUT. MAYOR OR CITY MANAGER THROUGHOUT THE WHOLE [04:20:01] AGENDA, NUMBER B. AND THEN AT THE END, YOU WOULD JUST ADD THAT WHAT THE CHARTER ACTUALLY STATES ABOUT THE APPROVAL OF THE AGENDA, UM, TO KIND OF EVEN IT OUT. AND IF NOBODY THINKS THAT'S A GOOD IDEA, THAT'S, THAT'S FINE. I UNDERSTAND. I TOTALLY GET IT. I JUST HOPE NOBODY ELSE HAS TO FIGURE THIS KIND OF STUFF OUT THE HARD WAY I APPRECIATE. AND I I'M GOING TO VOTE YES. ON, UH, COUNCIL MEMBER ELLISON'S CHANGES. I THINK THEY'RE GREAT. I DON'T THINK THAT'S THE ONLY SOLUTION THOUGH. I THINK IT'S OKAY TO ADD EXTRA, BECAUSE WHAT WE WANT TO DO IS PROTECT. EVERYBODY'S SITTING ON THIS DYESS FROM ANY FUTURE ISSUES. THEY'VE BEEN FORTUNATE ENOUGH THAT THEY HAVEN'T HAD TO DEAL WITH THIS. AND IT IT'S BEEN MORE THAN ONCE. AND EVERYBODY KNOWS MY ISSUE WITH THE PUBLIC SAFETY CENTER. IT WAS BIG, IT WAS BIGGER THAN THE MAYOR PRO TEM. AND SO TO DEAL WITH THIS TWICE IN A YEAR WAS A LOT FOR ME. AND SO ALL I'M TRYING TO DO IS MAKE SURE NOBODY ELSE IN THE FUTURE COUNCIL HAS, HAS TO, TO BATTLE THE SAME WAY I DID. I THOUGHT THAT WAS IN ADDITION TO COUNCIL MEMBER ELLISON'S CHANGES. I THOUGHT IT WAS A GOOD IDEA TO ALSO ADD, UM, THE ONLY, THE ONLY REFERENCE TO THE AGENDA IN OUR CHARTER TO THE RULES OF COUNCIL UM, ONCE AGAIN, UM, JUST IS ONE PREMISE OF THE ARGUMENT YOU MADE LAST TIME, UH, TO THE AGENDA ITEMS BEING AT THE BOTTOM, WHICH I'VE OFFERED A SOLUTION. IF THE COUNCIL WANTS TO TAKE THAT, AND THEN YOUR ITEMS NOT BEING ON THERE, ONCE AGAIN, YOU, YOU, YOU SAID IT MULTIPLE TIMES, YOU HAD OTHER INSTANCES. AND I GUESS NOW YOU'VE ALLUDED TO THE OTHER ONE WAS A PUBLIC SAFETY CENTER. CERTAINLY WE ALL KNOW THAT YOU HAD, UH, ISSUES ABOUT THE PUBLIC SAFETY CENTER, BUT I DON'T RECALL A TIME WHERE YOU REQUESTED AGENDA ITEM AND IT WASN'T ALLOWED TO BE ON THERE. IF THAT WAS THE CASE, I WOULD JUST BE, I WOULD BE JUST AS ANNOYED AS THIS CASE FROM DECEMBER. IT DOESN'T MATTER, UH, WHETHER WHAT THE ITEM IS, IS THE FACT THAT YOU AREN'T GETTING YOUR, UH, REQUESTED ITEMS ON THERE, WHICH YOU ARE HAVE THE RIGHT TO DO AS A DULY ELECTED OFFICIAL AT THIS BODY. ONCE AGAIN, WE HAVE NO IDEA ABOUT ANY OF THAT. IF THIS RULE IS IN PLACE, WE WOULD ALL KNOW ABOUT IT. WE WOULD ALL KNOW ABOUT IT. AND I TELL YOU, IF I SEE SOMETHING EGREGIOUS, I MIGHT JUST FOLLOW IT ON YOUR BEHALF. YOU KNOW, IT'S AS FAR AS YOUR TIME AND ALL THESE DIFFERENT THINGS THAT CAN'T, YOU KNOW, WITH ALL DUE RESPECT, BE THE COUNCIL'S CONCERN. THERE ARE PLACED THINGS IN ORDER AND TOOLS AT THE DISPOSAL OF THE COUNCIL TO TAKE ACTION WHEN THEY FEEL LIKE THE THINGS ARE HAPPENING, THAT AREN'T SUPPOSED TO BE HAPPENING. AND, UM, UM, FOR ME, I, ONCE AGAIN, UH, I THINK IF WE'RE GOING TO PULL LANGUAGE FROM THE CHARTER AND FROM THE MUNI CODE, WE SHOULD PULL THE EXACT TERMS AS THEY ARE IN EACH SENTENCE AND NOT PICK A CERTAIN PARTS OF IT. BECAUSE ONCE AGAIN, I'M NOT EVEN THINKING ABOUT THE PEOPLE THAT ARE IN THE POSITIONS. NOW, I'M LOOKING AT THIS CODE, WHAT GOES IN PERPETUITY AND TAKES ON A LIFE BEYOND THE PEOPLE THAT ARE IN THIS POSITION. SO IT DOESN'T MATTER TO ME IF IT'S THE MAYOR OR CITY MANAGER APPROVING THE AGENDA ITEM, THAT PERSON COULD STILL DO NEFARIOUS THINGS. IF THERE'S NOT ACCOUNTABILITY, THIS OPTION OFFERS ACCOUNTABILITY AND IT PUTS THEM IN FRONT OF EVERYBODY ELSE. ARE PRETEND I'M GOING TO GO AHEAD AND MAKE A MOTION. YOU'VE ALREADY GOT EMOTIONAL. YOU GOT EMOTIONAL FLOOR. OKAY. SO EMOTION FOR THE FLOOR. DO YOU WANT TO RESTATE IT? YEAH. MY MOTION IS, UH, TO ADD NUMBER FIVE UNDER SECTION B OF THE AGENDA OF THE ROLES OF COUNCIL, WHICH WILL READ THE CITY MANAGER SHALL APPROVE ALL MEETING AGENDAS. AND IT WAS SECOND BY COUNCIL MEMBER PARSLEY. ALRIGHT. ALL THOSE IN FAVOR? CAN WE GET A ROLL CALL VOTE PLEASE? JENNIFER RIZZO. BRADSHAW ELLISON. TOBY IS PARSLEY. HI FLORES. KALE. YES, MITCHELL'S ABSENT. [04:25:02] OKAY. MOTION FAILS. LACK OF VOTES. UM, DID THE MAYOR RECRUITERS HIMSELF? IS THAT WHY HE'S NOT HERE? YEAH. SO THE MAYOR, UH, WASN'T FEELING WELL. UM, HE STATED THAT WHEN HE FIRST CAME TO THE MEETING AND, UM, AFTER WE WENT FOR BREAK, HE, UH, REACHED OUT TO ME. HE SAID, UH, HE WASN'T FEELING GOOD. HE WAS GOING HOME. SO JUST TO LET Y'ALL KNOW, THAT'S WHAT THE, UH, OFFICIAL WORD FROM HIM WAS. I MEAN, THERE'S STILL A, DID YOU HAVE SOMETHING COME TO ME WITH UBS? AND IF WE CAN REFERENCING TO THE RULES OF COUNCIL, WE'LL MAKE A MOTION TO ADD A SECTION AFTER PRESENTATIONS STATING CITY COUNCIL DISCUSSION AND POSSIBLE ACTION AS A NEW LINE ITEM BEFORE CONSENT AGENDA. WAIT, WHICH SECTION ARE YOU REFERRING TO? TWO BETWEEN PRESENTATION AND CONSENT AGENDA, MOVING COUNCIL ITEMS TO THE BEGINNING. OH, YOU'RE JUST TALKING ABOUT IT ON AN AGENDA. NOT SPECIFICALLY ON AGENDA. SO YOUR, YOUR MOTION IS TO SPECIFICALLY MOVE ALL COUNCIL SPONSORED AGENDA ITEMS BETWEEN, UM, PRESENTATIONS AND THE CONSENT AGENDA. YES. I HAVE COMMENTS ABOUT THAT, BUT I JUST WANTED TO CLARIFY A MOTION. WE HAVE A MOTION. DO WE HAVE A SECOND? WE HAVE A SECOND. WE HAVE A MOTION BY COUNCILMAN SECOND BY COUNCILMAN RAQUEL, ANY DISCUSSION COUNCIL BURLESON. SO PART OF A LITTLE WISDOM ON YOU, ALL THE REASON WHY I SAID AT THE BEGINNING OF EACH SECTION, AS OPPOSED TO THAT, BECAUSE WHAT'S STOPPING A MAYOR, I'M NOT SAYING THIS MAYOR, CERTAINLY NOT JUST FROM PUTTING CONSENT AGENDA AT THE BOTTOM OF THE AGENDA AND PRESENTATIONS AT THE BOTTOM AGENDA, MOVING, CONSIDERING POSSIBLE ACTION UP AT THE FRONT AND STILL PUTS US AT THE BOTTOM. THAT'S WHY THE PROPOSAL IS TO MOVE. YOU STILL STAY WITHIN YOUR SECTION, BUT YOU MOVE UP TO THE TOP OF THE SECTION. SO YOU'RE A WEATHER. SO IT DOESN'T MATTER WHAT ORDER THAT WHOMEVER CITY MANAGER OF THE FUTURE MAYOR OF THE FUTURE, NO MATTER WHAT, WHAT DID THEY PUT IT IN SPAWN COUNCIL MEMBER SPONSORED AGENDA ITEMS WILL ALWAYS BE AT THE TOP OF WHATEVER GIVEN SECTION THEY'RE IN. SO THAT'S MY ONLY CAUTION WITH YOUR, I KNOW WHAT YOU'RE TRYING TO DO IS MOVE IT UP. BUT THE, THE, THE ORDER IN WHICH THINGS HAPPEN, THOSE SECTIONS IS NOT A GIVEN. DO I JUST, DO YOU WANT TO RESCIND YOUR MOTION OR DO YOU WANT TO VOTE ON IT? I'M TRYING TO GET AN OLIVE BRANCH HERE IN A WAY THAT I UNDERSTAND THE FRUSTRATIONS THAT WE'RE SEEING. WHENEVER WE HAVE EVERYTHING AT THE VERY END IN SOME THINGS GET TOO LATE TO WHERE YOU GOT TO PUT IT ON THE NEXT AGENDA. AND I UNDERSTAND THAT'S FRUSTRATING FOR SO MANY, CAUSE I CAN'T, IT'S 12 O'CLOCK AT NIGHT AND WE STILL GOT MORE TO GO THROUGH. OKAY. SO THAT IS WHY I WAS RECOMMENDING MOVING ANY KIND OF CITY COUNCIL DISCUSSIONS OR POSSIBLE ACTIONS TO THE FRONT, POSSIBLY WHAT THE TIME LIMIT, I DON'T KNOW, OR JUST A CERTAIN AMOUNT. AND THEN WE CAN GO THROUGH IT. IT'S JUST TRYING TO FACILITATE AND NOT SO MUCH SPEED UP THE MEETINGS THAT WE HAVE BECAUSE I HAVE TO TAKE IN CONSIDERATION OF EVERYBODY. THAT'S HERE, EVERYBODY THAT'S WATCHING AND THEIR TIME. AND I KNOW THAT EVERYBODY'S COUNCIL MEMBERS, AGENDA ITEMS ARE IMPORTANT TO THEM. AND I WANT TO BE ABLE TO MAKE SURE THAT THEY ARE HEARD, BUT YOU ARE RIGHT AT SOMETIMES WHERE IT'S VERY EASY TO MANIPULATE AND SAY, WE'RE GOING TO CHANGE THIS AND CHANGE THAT BECAUSE WE'VE GOT A DEVELOPER HERE OR WE GOT CITY STAFF THAT'S HERE. SO I'M TRYING TO FIGURE OUT A WAY TO MAKE IT BALANCED. THAT'S WHAT THIS MOTION WAS ABOUT. OKAY. I'LL DO A LITTLE DISCUSSION HERE. SO I'M GOING TO GO BACK TO THE TIME LIMIT AND THE TIME. SO ONE OF THE THINGS, THE REASONS I BELIEVE THAT PAST COUNCILS PUT OUR DISCUSSIONS AT THE END WAS BECAUSE OF THE TIME WE'RE VERY PASSIONATE. ALL COUNCILS ARE PASSIONATE ABOUT THEIR AGENDA ITEMS AND THEY CAN GO PRETTY LENGTHY. IF WE PUT THOSE TO THE BEGINNING, ALL OF THEM TO THE BEGINNING, THEN THE MAJORITY OF THE BEGINNING OF THE MEETING IS GOING TO BE, UH, OUR DISCUSSIONS. AND, UH, I JUST DON'T SEE BUSINESS GETTING DONE. AND WE'RE NOW DOING THE IMPORTANT CITY BUSINESSES, NOT TO SAY WE'RE NOT IMPORTANT. ONE, OUR DISCUSSIONS ARE, I'M SAYING THE ZONING PART OF IT AT THE END OF THE MEETINGS. AND NOW I THINK WE'RE GETTING [04:30:01] CLOSE TO MIDNIGHT, I THINK. AND, UH, WE'RE TRYING TO FIGURE OUT ZONING ORDINANCES. SO I THINK WHAT COUNCIL ELLIS HAD PROPOSED IS PROBABLY A LITTLE BIT MORE IN THE LINES OF SOMETHING I WOULD SUPPORT. AND BECAUSE I, I JUST FEEL LIKE IF WE PUT ALL THESE AT THE BEGINNING OF THE MEETING, WE'D GO LONG LENGTHY. AND, UH, ESPECIALLY WE PROBABLY GO LONGER BECAUSE SEEING THAT WE'RE EARLY AND WE'RE FRESH, THESE DISCUSSIONS WOULD PROBABLY LAST A LOT LONGER AT THE BEGINNING OF THE MEETING. AND YOU'RE NOT LOOKING AT MIDNIGHT, YOU'RE LOOKING AT TWO, THREE O'CLOCK IN THE MORNING NOW, AND I JUST DON'T WANT OUR MEETINGS TO GO THAT FAR. SO IT'S JUST MY 2 CENTS THAT WHAT THAT OVER CINEMA EMOTION. AND WE HAD A SECOND, DO YOU RESEND AS WELL? ALL RIGHT, WILL YOU HAVE HER SEND IT, UH, WHAT SOMEBODY LIKES TO MAKE A NEW MOTION? I WOULD LIKE TO MAKE A MOTION TO PUT COUNCIL SPONSORED AGENDA ITEMS AT THE TOP OF WHATEVER HEADING THEY'RE UNDER. THAT MAKES SENSE. THE PAGE. DO YOU HAVE ANY ADVICE ON HOW TO WORD THAT? I THINK WE UNDERSTAND WHAT YOU'RE SAYING. IF YOU WOULD JUST WOULD GO, WE HAVE DIFFERENT SECTIONS OF THE AGENDA. WOULD THE COUNCIL SPONSOR, I DIDN'T WANT TO GO AT THE BEGINNING OF WHATEVER SECTION IT FITS UNDER. OKAY. SO YEAH, TH THE GOAL IS NOT TO MOVE THE AGENDA AROUND AND FIND A WAY TO PUT IT AT THE BOTTOM. SO I JUST WANT TO MAKE SURE THAT THAT DOESN'T HAPPEN BECAUSE THAT HAS HAPPENED SEVERAL TIMES, UM, CAUSE PRESENTATION AND I KNOW LIKE CIPS USED TO BE AT THE END AND NOW THEY'RE AT THE BEGINNING. SO YEAH, JUST, I GUESS THE MOTION WOULD BE, YOU KNOW, REPEATED INTENT IS CLEAR. OKAY. THE ANTI-DISCIPLINARY SO WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND? WE HAVE A SECOND THERE'S MOTION BY COUNCILMAN RICK HILL. SECOND BY COUNCILMAN . IS THERE ANY DISCUSSION? ALL THOSE IN FAVOR, ALL THOSE OPPOSED MOTION PASSES FIVE TO ONE, AND NOW WE'VE GOT AGENDA ITEM NUMBER 28, STILL OPEN. UM, OH YEAH. YOU'LL STILL NEED TO APPROVE THE CHANGE. I WOULD LIKE TO MAKE A MOTION AND I'D LIKE TO MAKE SURE I DO. Y'ALL HAVE THE ONE IN FRONT OF YOU THAT STATES THE, I THINK I'M OUT OF, I DIDN'T SEE THE LANGUAGE IN THE BACK OF THAT SAID THAT THE CITY ATTORNEY'S POSITION, UM, OPINION WILL BE PUT IN WRITING AND SHARED WITH THE MAYOR CITY MANAGER AND COUNCIL MEMBERS. JUST WANT TO MAKE SURE THAT THAT'S IN THE VERSION THAT'S IN FRONT OF YOU AND THAT YOU INCLUDE THAT IN YOUR APPROVAL. I DON'T HAVE THAT. WHEN WAS THAT UPLOADED? YEAH, SO, UM, I THINK THAT'S ME. I THINK I GRABBED THE WRONG VERSION. WE ADDED THE LANGUAGE AND IT GOT APPROVED AT THE, UH, AT THE COUNCIL MEMBER REQUESTS LEVEL, BUT THEN I GAVE THE WRONG VERSION TO THE CITY SECRETARY. SO I CAN READ THE LANGUAGE TO YOU SPECIFICALLY, WHICH IS THAT THE CITY ATTORNEY'S RULING SHALL BE GIVEN IN WRITING AND SHARED WITH THE MAYOR CITY MANAGER AND CITY COUNCIL. SO THAT APPEARS AFTER THE SECTION THAT TALKS ABOUT THE CITY ATTORNEY'S RULING BEING FINAL. SO IF YOU WERE TO APPROVE IT WITH THAT SENTENCE, THAT WOULD APPEAR IN THE FINAL VERSION OF THE ROLES. OKAY. WE'D LIKE TO MAKE A MOTION TO APPROVE, UH, THE , UM, AND I'LL READ IT ALL. COUNCIL REQUESTED AGENDA ITEMS SUBMITTED IN ACCORDANCE WITH SECTION B, ONE AND B2 THAT PERTAIN TO CITY BUSINESS, AND THAT ARE NOT OTHERWISE PROHIBITED FROM BEING PLACED ON THE AGENDA BY THESE ROLES, THE CITY CHARTER, A CITY ORDINANCE OR APPLICABLE STATE LAW WILL APPEAR ON THE AGENDA FOR THE MEETING IN THE EVENT OF A DISAGREEMENT REGARDING WHETHER A COUNCIL REQUESTED AGENDA ITEMS SHOULD APPEAR. UM, ON THE AGENDA, THE MAYOR CITY MANAGER OR COUNCIL MEMBER MAY REQUEST AN OPINION FROM THE CITY ATTORNEY. WHO'S REALLY CHUBBY FINAL. IN ADDITION TO THE CITY ATTORNEY'S RULING SHALL BE GIVEN AND WRITING AND SHARED WITH THE MAYOR CITY MANAGER AND CITY COUNCIL. THERE YOU GO. SO WE HAVE A MOTION TO APPROVE AGENDA ITEM 28 WITH A LANGUAGE STATED. UM, WE'VE GOT A SECOND. ALL THOSE IN FAVOR. AYE. ALL THOSE OPPOSED MOTION PASSES. 6, 6, 6, 0 [04:35:12] ALL RIGHT. DOMINO NUMBER [29.  Council direction of staff to schedule joint meetings with boards/commissions to discuss visions, goals, expectations and efforts of collaboration for the year as previously discussed at May 4th 2021 council meeting (item #31). ~ Dex Ellison, Council Member ] 29 COUNCIL DIRECTION TO HAVE STAFF JUST SCHEDULE JOINT MEETINGS WITH BOARDS, COMMISSIONS TO DISCUSS VISIONS GOALS, EXPECTATIONS, AND EFFORTS OF COLLABORATION FOR THE YEAR AS PREVIOUS PREVIOUSLY DISCUSSED AT THE MAY 4TH, 2021 COUNCIL MEETING COUNCIL UMBRELLAS. AND THIS IS YOUR ITEM. ALRIGHT, I'M GOING TO TRY TO MAKE THIS QUICK Y'ALL. UH, SO, UH, I EVEN PROVIDED THE VIDEO IS THE BACKUP MATERIAL. SO Y'ALL COULD BE PRIVY TO THE DISCUSSION. UH, OBVIOUSLY WE WERE ALL THERE EXCEPT COUNCIL MEMBER PARSLEY. SO WANTED YOU TO HAVE THAT BASICALLY ON MAY 4TH OF LAST YEAR, I, UH, REQUESTED OF COUNCIL TO HAVE JOINT MEETINGS WITH OUR BOARDS AND COMMISSIONS, UH, AT LEAST ONE A YEAR TO TOUCH BASE WITH THEM, GO OVER THE EXPECTATIONS, GO OVER WHAT THEY'RE AT THE WORD HE IS, GO OVER HOW OUR INTERACTIONS SHOULD BE WITH THEM AND HAVE ANY, AND EVERY QUESTION ANSWERED AND, AND HAVE THAT CONVERSATION SHARING, UH, ONE UNIFIED VISION GOAL AND EXPECTATIONS AND EFFORTS, UH, GOING FORWARD, UH, AS YOU PROBABLY SAW IN THE VIDEO DISCUSSION, UH, ON MAY 4TH WAS TO HAVE, UH, IT INITIALLY IT WAS DISCUSSED TO DO IT IN SEPTEMBER, OCTOBER, THE CITY MANAGER BROUGHT UP THE FACT THAT, UH, THAT'S TYPICALLY WHERE THE, UH, UM, THE TURNOVER HAPPENS. SO THEN IT WAS PUNTED AGAIN TO JANUARY HERE WE ARE JANUARY, UM, WANTING TO GET THIS BACK IN FRONT OF COUNCIL TO SEE IF IT'S SOMETHING WE WERE STILL INTERESTED IN AND HOPING TO DO. UH, I HAVE A SUGGESTION, UM, ON WHEN PROBABLY THE BEST TIME TO, TO KICK OFF THE FIRST ONE. BUT, UM, THANK YOU ALL PRETTY MUCH. GET THE IDEA OF WHAT THIS IS AND OPEN IT UP TO THE COUNCIL. WELL, FIRST OF ALL, I WANT TO SAY, I WANT TO THANK COUNCIL FOR ELLISON, FOR CONTINUING TO SHARE WITH US HIS THOUGHTS ON THESE, HOW IMPORTANT THESE MEETINGS ARE. AND I ACTUALLY HAVE ATTENDED A FEW MEETINGS, UH, TRY TO MAKE IT MORE OF A POINT TO ATTEND THESE MEETINGS. AND I THINK HE'S CORRECT. SO I THINK THIS IS SOMETHING THAT WE SHOULD REALLY, UH, PONDER ON AND, AND SET A DATE TO TRY TO MAKE THIS MEETING POSSIBLE, BECAUSE I THINK IT'S A GREAT IDEA, LIKE TO ADD TO THAT AS WELL. I KNOW YOU'VE, MOST OF Y'ALL HEARD ME SAY THE SAME THING. I ALSO KIND OF WISHED WE WOULD HAVE HAD THEM AT THE BEGINNING OF OUR WORKSHOP, BUT UNDERSTAND THAT THAT'S A COUNCIL TREYVON WORKSHOP. UH, IT IS SOMETHING THAT IS IMPORTANT THAT WE DO MEET WITH OUR BOARDS AND COMMISSIONS TO WHERE WE COULD SEE WHERE THEY'RE AT. AND I THINK IT'S VERY IMPORTANT THAT WE VISIT WITH THEM, TRY TO ATTEND SOME OF THEIR MEETINGS, EVEN THOUGH WITH MYSELF, I, I SEE IT ON THE TV, BUT IT'S, UH, IT'S TO BE ABLE TO GET WITH THEM AND, UH, BUILD SOME KIND OF BOND WITH THEM AND SEE WHAT THEIR VISION IS AND THEY CAN SEE WHAT WE ARE AS WELL. AND SO, UH, I, I FULLY SUPPORT THIS MEASURE RIGHT HERE. THANK YOU. CAN WE TALK DATES? UM, CAUSE I'M, I THINK, I THINK WE SHOULD DO IT BEFORE THE VISION WORKSHOP, BUT THAT'S REALLY CONNECTED TO IT WAS AFTER. AND I WOULD TELL YOU WHY I'M GOING TO PROPOSE AFTER, BECAUSE THAT'S OUR OPPORTUNITY TO GET OUR, ALL OUR HEADS TOGETHER AND TALK ABOUT OUR GOALS, WHAT WE WANT TO DO FOR THE YEAR. SO I DON'T WANT TO DO THAT BEFORE. WE'VE HAD THE OPPORTUNITY TO DO THAT AMONGST OURSELVES. AND ONCE AGAIN, THE REASON WHY I REALLY WANT TO DO THIS, NOT ON A SATURDAY, I WANT TO DO IT ON THE NIGHT THAT THEY TYPICALLY MEET. SO, UH, FOR EXAMPLE, P AND Z, THEY MEET TWICE A MONTH. UH, SECOND AND FOURTH, TUESDAY OF THE MONTH, I THINK THE FOURTH TUESDAY WOULD BE THE BEST TIME TO MEET WITH THEM. UH, NOT ONLY NEW Z AND BOARD OF ADJUSTMENTS MEET IN THIS DIOCESE. SO THEY'RE THE ONLY ONES THAT ARE ON TELEVISED PARKS, DOESN'T LIBRARY, DOESN'T, UH, THE TRAIN DEPOT HAS IT. UH, SO I THINK IT WOULD BE BEST TO MEET ON THEIR TIME. AND THAT WAY, THAT ENTIRE AGENDA IS AFFORDED TO THEM, NOT, YOU KNOW, US TRYING TO MOVE THROUGH ALL OF OUR BOYS AND AGENDAS ON OUR WEEKEND THAT WE'RE TRYING TO DISCUSS TO WORKSHOPS. SO THAT WAS THE BIG REASON WHY I DIDN'T WANT TO DO IT ON THE SAME WORKSHOP WEEKEND IS BECAUSE WE NEED THAT TIME TO KIND OF GET ON, UM, GET OUR DUCKS IN A ROW AND FIGURE OUT WHAT OUR GOALS AND VISIONS ARE. I IMAGINE WE'RE GOING TO TAKE UP THE VAST MAJORITY OF THAT DISCUSSION. I HAVE A LAUNDRY LIST OF THINGS THAT I WANT TO TALK ABOUT AT THAT WORKSHOP. SO I DON'T WANT US TO BE RUSHED ON THE SEVEN OF US GETTING OUR IDEAS AND GOALS OUT TO EACH OTHER. UH, BUT I THINK THE BEST TIME TO DO IT IS AFTER THE WORKSHOP ON THE NIGHT THAT THEY MEET, UH, PARKS RE MEETS ONCE A MONTH IS TYPICALLY, I THINK THE LAST MONDAY, UH, PANSY MEETS FOR A SECOND AND FOURTH, TUESDAY LIBRARY BOARD MEETS ONCE A MONTH, A BOARD OF ADJUSTMENTS [04:40:01] AND ANY OF THE OTHERS. BUT I THINK IT'S IMPORTANT TO TRY TO GET, UH, I JUST TO, I CANNOT UNDERSTATE THIS. IT'S IMPORTANT FOR US TO MEET WITH THESE BOARDS AND COMMISSIONS AS EARLY ON IN THE PROCESS AS POSSIBLE AT D AND THEM GETTING ON BOARD, EVERY JOB I'VE EVER HAD ONBOARDING HAPPENS IMMEDIATELY. YOU KNOW, I'VE NEVER BEEN TOLD, YOU KNOW, GO AND DO YOUR JOB FOR A WHILE. AND THEN I'LL COME BACK AND TELL YOU WHAT THAT IS. WE NEED TO TOUCH THESE FOLKS IMMEDIATELY GET IN WITH THEM, GIVE THEM THAT EXPECTATION. YOU KNOW, WE CHANGED OUR POLICY TO ADD AN ADDITIONAL TERM TO OUR BOARDS AND COMMISSIONS BECAUSE WE HAD SO MANY GREAT PEOPLE THAT WE WANTED TO CONTINUE TO WORK WITH THEM, BUT WE HAD NEGLECTED HAVING MEETINGS WITH THEM FOR SO LONG THAT THEY HAD TERMED OUT. AND I DIDN'T EVEN REALLY WANT TO MAKE THAT POLICY CHANGE BECAUSE IF WE JUST DO THIS FROM THE BEGINNING AND, AND MEET WITH OUR BOARDS AND COMMISSIONS AT THE BEGINNING OF THE YEAR, IMMEDIATELY AFTER OUR VISIONING WORKSHOP, I THINK THAT'S GOING TO GIVE ALL THE CONFIDENCE IN THE WORLD. SO THAT BOARDER COMMISSION, THAT WHAT THEY'RE DOING IS IMPORTANT TO US AND IMPORTANT TO THE CITY. UH, I THINK WE WILL PROBABLY ADDRESS SOME OF THESE ISSUES WHERE EVEN HAVING, YOU KNOW, WITH, UM, ATTENDANCE AND DIFFERENT THINGS, YOU KNOW, I KNOW WE'VE HAD THE DIFFERENT THINGS ABOUT, UH, YOU KNOW, OUR AWESOME PANSY BOARD IS HANGING ON WITH THEIR FIVE MEMBERS, BUT I ATTENDED ALL FOUR OF THE MEETINGS LAST WEEK. AND TWO OF THEM DIDN'T MEET QUORUM. UM, ONE OF THEM HAS ALL SEVEN MEMBERS OF THEIR BODY AND THEY ONLY HAD TWO PEOPLE. I'M NOT HOLDING. I'M NOT SAYING, YOU KNOW, THEY DIDN'T HAVE LEGITIMATE REASONS FOR NOT BEING THERE, BUT EVEN A FULL BODY DOESN'T EVEN GET A QUORUM. SO I THINK, BUT IF WE, YOU KNOW, SHOWED A LOT OF INTEREST IN OUR BOARDS AND COMMISSIONS SHOWED OUR INTEREST IN THEM AND WANTING TO MEET WITH THEM, I THINK THAT WOULD JUST HAVE THEM BUY IN EVEN MORE THAN WHAT WE'RE TRYING TO DO AND IMPLORE THEM TO BE AT EACH. AND EVERY MEETING, MAY I MAKE A RECOMMENDATION? WE DO THIS MARCH, WE GOT THE WORKSHOP IN FEBRUARY. WE CAN SET UP THESE MEETINGS OR THIS EVENT IN MARCH THROUGHOUT THE MONTH, WHENEVER THEY HAVE THEIR MEETINGS. BECAUSE I THINK APRIL IS WHERE I'D LIKE TO SEE OUR FIRST BUDGET, UH, WORKSHOP AS WELL. AND THE LATEST, LATEST TO THE EARLIEST THERE TO BEGIN TO BEGIN THE PROCESS. SO WE WOULD HAVE THE WORKSHOP IN FEBRUARY, IN MARCH, WHENEVER THEY, WHEN, WHEN WE ALL ARE DONE WITH OUR WORKSHOP, SPRINGTIME, WHATEVER WE HAVE NEW IDEAS AND THEY HAVE SOME GOING ON BY THEN, HOPEFULLY ALL THE BOARDS WILL BE FULL, INCLUDING P AND Z, ALL THE APPLICATIONS, ALL THE INTERVIEWS, ALL THAT WILL BE TAKEN CARE OF. EVERYBODY WILL BE FULLY STAFFED AS MUCH AS POSSIBLE. AND WE CAN SHOOT FOR AT LEAST MARCH, BEGINNING OF MARCH. SO, UM, AS COUNSELORS WILL TO GIVE DIRECTION TO STAFF, TO COME UP WITH DATES FOR US IN MARCH TO MEET WITH THESE BOARDS AND COMMISSIONS, KEEP IN MIND THAT WE HAVE TO POST CAUSE WE'LL HAVE A QUORUM THAT COUNCIL WILL BE THERE AS WELL. OKAY. WELL, I'LL MAKE ONE FRIENDLY SUGGESTION TO THAT. CAUSE THERE ARE, WE, WE DO GOT TO GET THROUGH ALL OF THEM. AND THEN WE GOT, WE HAD THE BUDGET WORKSHOP ON THE HEELS OF THAT. LIKE I SAID, PARKS MEETS ONCE A MONTH AND AT THE END OF THE MONTH, MAYBE WE CAN SEE IF WE CAN GET ON THERE. THE FEBRUARY AGENDA. IT IS THE END OF THE MONTH. UH, AND THEN THE OTHER ONES WE CAN TRY TO INCORPORATE INTO MARCH THAT WAY. WE'RE NOT TRYING TO PACK IT ALL IN. I KNOW Y'ALL, DON'T HAVE THE DISCRETIONARY TIME THAT I HAVE TO GO TO THESE MEETINGS, BUT, UH, SO I JUST WANT TO KIND OF BE MINDFUL OF THAT, ESPECIALLY IF WE'RE GOING TO TRY TO HIT THE GROUND RUNNING WITH THE BUDGET WORKSHOP, MAYBE AFTER THE BUDGET WORKSHOP, THE WEEKEND OF THE WORKSHOP, WE CAN START FROM THERE, WHATEVER MEETINGS ARE NEXT FOR ANY OF THESE GROUPS WE CAN GO FROM THERE. IS THAT, WOULD THAT WORK? YEAH, I JUST, MY CONCERN, MY CONCERN IS, YOU KNOW, UH, YOU KNOW, I HEARD IT LAST YEAR. I GUESS THAT'S WHAT MY CONCERN IS. ONCE WE GET INTO BUDGET WORKSHOPS, IT SEEMS TO BE THE COUNCIL'S FOCUS IS THERE AND THERE'S NOT MUCH OF A DESIRE TO SPEND MUCH TIME AT OTHER MEETINGS. SO THAT'S WHY I WANT TO TRY TO SANDWICH IT IN BETWEEN THE, THE COUNCIL VISIONING WORKSHOP AND THEN THE FIRST BUDGET WORKSHOP. I THINK THAT WOULD BE THE SWEET SPACE THERE TO TRY TO GET IT IN, UH, AND HAVE THOSE MEANINGFUL MEETINGS WITH THEM. THAT'S, THAT'S MY OPINION. UH, YOU KNOW, I KNOW WE'VE DONE THE DOODLE POLLS IN THE PAST. MAYBE A STAFF CAN SEND US A VARIETY OF OPTIONS STARTING MAYBE MID FEBRUARY AND THEN GO THROUGH, UH, MARCH. AND THAT WAY WE CAN JUST PLUG IN ALL THE, ALL THE DATES. OKAY. SO IS THAT ENOUGH DIRECTION, SCOTT? AND ONE OF THE THINGS I'M IMPLORE COUNCIL MEMBERS TO TRY TO ATTEND. I KNOW IT'S HARD. WE ALL HAVE JOBS, FAMILY, BUT MAJORITY OF COUNCIL AFTER THE VISIONING WORKSHOP THEY'RE GOING TO ATTEND, IT'D BE MUCH APPRECIATED. AND I KNOW THE WORDS, THE COMMISSION [04:45:01] WOULD APPRECIATE IT AS WELL. IS THAT ENOUGH DIRECTION SCOTT, TO TRY TO SET THESE MEETINGS UP THE MICROPHONE WOULD TO SAY FOR CLARIFICATION, IS THIS A SEPARATE MEETING OUTSIDE OF THEIR REGULARLY SCHEDULED MEETINGS? SO WE WILL SEND THE OF COMMISSION THAT CAME TO THE COUNCIL. MY SUGGESTION IS TO DO IT WHEN THEY MEET THAT WAY, WE'RE NOT TAKING THEM OFF THEY'RE VOLUNTEERS, RIGHT. AND WE HAVE A LITTLE BIT MORE SKIN IN THE GAME. I THINK IT HELPS IF WE DO IT ON THE NIGHT THAT THEY TYPICALLY WOULD MEET. SO THEY DON'T HAVE TO DO MUCH SCHEDULING, ADJUSTING. IT'S ALREADY SOMETHING THAT THEY ARE, UH, USED TO IT'S REALLY US, JUST, JUST ONE SIDE, HAVE TO DO ALL THE SCHEDULING. SO THAT WAY IT, IT LESSENS THE AMOUNT OF PEOPLE THAT HAVE TO FIGURE OUT ALL THESE DATES. THEY KNOW WHEN THEIR MEETINGS ARE AND, AND JUST REAL QUICK. SO THAT WAY I'M NOT SPEAKING FOR ANYONE, UH, IS THAT THE WHEEL COUNCIL? GOOD. I MEAN, I'M A FAN OF MEETING ON A SATURDAY AND HANGING OUT, BUT I GET WHAT DEX IS SAYING. UM, I GUESS MY ONLY FEAR ABOUT DOING IT AT A MEETING IS IT'S GOING TO SEEM REALLY FORMAL AND THAT'S OKAY. BUT LIKE, I'M OKAY WITH DOING IT SATURDAY, BUT TUESDAY'S FINE. WHAT'S MORE THAN TUESDAYS I WOULD JUST SAY, I DON'T THINK IT'S IMPORTANT TO BE MINDFUL OF WHAT THEIR AGENDA IS, BECAUSE I THINK THERE'S GOING TO BE A ROBUST DISCUSSION BETWEEN THE TWO OF US. IT'S NOT GOING TO JUST BE 10, 15 MINUTES CONVERSATION. HEY, THERE, YOU KNOW, THERE IS GOING TO BE BUSINESS DONE. AND I WOULD LIKE US TO HAVE THE SECTIONS OF THE CHARTER THAT ARE APPLICABLE TO THOSE BOARDS AND COMMISSIONS READY TO GO FOR, UH, BOTH COUNSEL AND THEM TO READ AND BE IN UNISON ON THAT. AND, UH, YOU KNOW, JUST LIKE I SAID, THAT'S WHY I WANT TO, I THINK IT'S WHAT I'M TRYING TO HELP THEM OUT WITH SCHEDULING AND NOT TAKE AWAY A SATURDAY AND YOU KNOW WHAT THEY'RE DOING. UH, I THINK IT JUST WOULD, IT WOULD PROBABLY FLOW A LITTLE BIT BETTER IF WE JUST WENT WHATEVER NIGHT THEY TYPICALLY MEET ON AND YOU CAN GET COUNCIL DIRECT STAFF, WHICH CONDITION IS THIS? EVERY ONE OF THEM, YOU GOT THE RAIL WORKERS, WHICH CAN WE GET A LIST? I I'VE, I'VE LITERALLY WENT THROUGH EVERY ONE, BUT SOME OF THOSE ARE STAGNANT. SOME OF THEM HAVE MET SINCE 2016. SO IF WE CAN JUST GET A LIST AND WE CAN MAYBE, YEAH, I THINK AT THE VERY LEAST PANSY PARKS LIBRARY, UM, AT THE ECONOMIC DEVELOPMENT, THOSE WOULD BE THE FOURTH NAME ONCE YOU DO THE DEPO TO, UH, SURE. I MEAN, BUT THOSE ARE THE MAIN FOUR. I MEAN, WE CAN DO THE CIVIL SERVICE COMMISSION COMMISSION, HOUSING AUTHORITY, PLANNING, ZONING PARKS, AND REC DEVELOPMENT, TOURISM, CHARTER ADVISORY COUNCIL EXIT DO WANT TO MAKE SO IF YOU COULD SEND A, I GUESS Y'ALL WANT TO VOTE ON IT RIGHT NOW, WHAT WOULD YOU WANT TO MEET WITH OR DO Y'ALL WANT TO LISTEN TO Y'ALL AND WE SEND BACK A LIST TO STAFF AND THEY'LL SEE WHAT THE TORTILLA COUNCIL WANTS. IT'S UP TO YOU, WHATEVER YOU WANT TO DO. OKAY. ALL RIGHT. SO LET'S YEAH, I THINK FOUR IS GOING TO BE THE MAX. SO LET'S START WITH THOSE, LET'S START WITH THOSE FOUR AND THEN WE'LL REEVALUATE. SEE WHERE WE'RE AT. YEAH. OKAY. GOOD. IS THAT ENOUGH DIRECTION, SCOTT? YES. ALL RIGHT. THANK YOU JOB. WE'RE DONE MOVING ON TONIGHT. I'M NUMBER 30 [30.  Discussion and possible action to adopt Boards and Commissions Policies and Procedures. ~ Yvonne Flores-Cale, Council Member] DISCUSSION AND POSSIBLE ACTION TO ADOPT BOARDS AND COMMISSIONS POLICIES AND PROCEDURES, CUSTOMER FLOOR SCALE. THIS IS YOUR ITEM. THANK YOU, ACTUALLY, IT'S ALL THREE OF OUR ITEMS. AND, AND LET ME PREFACE WITH THIS IS JUST A BEGINNING. THIS IS WE, WE WANTED TO BRING SOME IDEAS THAT WE HAD. THIS IS NOTHING SET IN STONE. THIS IS NOT ONE OF US IS LIKE, HEY, THIS IS HOW IT HAS TO BE. WE WERE ALL AMENDABLE AND WE WANTED IT TO SEEM FAIR. THAT'S WHY WE HAD TWO OF THEM MADE ONE FOR STAFF AND ONE FOR COUNCIL. THEY ARE IDENTICAL IN EVERY WAY, EXCEPT FOR, UM, THE, THE INTERVIEW PROCESS AND, AND THE PANELS. AND, AND WE DIDN'T KNOW WHAT COUNCIL WANTED THAT TO LOOK LIKE. SO WE WERE TRYING TO STAY OPEN-MINDED. [04:50:01] AND I SAY THAT BECAUSE I WANT A LITTLE BIT OF GRACE, UM, AND AN UNDERSTANDING ABOUT, UM, HOW THIS WAS SET UP. IT WAS VERY THOUGHT THOUGHTFUL AND THOUGHT OUT AND WAS JUST THREE OF US. THIS WAS THE BEST WE COULD DO. AND SO WITH THAT SAID, YOU KNOW, WE LOOK FORWARD TO EVERYBODY, UM, EVERYBODY'S CRITICISM, AND HOPEFULLY IT'S IN A WAY THAT'S GOING TO BE BENEFICIAL AND, UM, WELL TAKEN. SO WITH THAT SAID, UM, UH, COUNCIL MEMBER TOBY, WOULD YOU LIKE TO GO AHEAD AND, AND READ THE STAFF, THE STAFF? YES. UM, BASICALLY WHAT WE DID WAS WE ALSO MADE A MISSION IN GOLD STATE, UH, GOALS STATEMENT, WHICH I THINK WE'VE HAD. SO I CAN JUST READ IT REAL QUICK. THE SAVE KYLE BOARDS AND COMMISSIONS AWARDS PERMISSIONS WILL PERFORM INVALUABLE VOLUNTEER SERVICE TO THE MAYOR CITY COUNCIL, CITY STAFF, AND THE COMMUNITY. THE BOARDS COMMISSIONS WILL PROVIDE RESIDENTIAL INPUT TO THE CITY'S PLANNING POLICIES, REGULATIONS, AND FUNCTIONS. THE CITY'S BOARDS, COMMISSIONS SHALL ASSIST WITH CONSIDERING COMMUNITY RELATED PROPOSALS AND PROJECTS BROUGHT FORWARD BY EITHER CITY STAFF AND OR CITY COUNCIL TO INCREASE THE QUALITY OF LIFE. AND OF COURSE, WE ALSO HAVE THE OBJECTIVES OF WHAT THEY DO. SO WHEN COMING UP WITH THE TWO DIFFERENT, UH, DOCUMENTS HERE, WE BASICALLY, WHAT OUR WHOLE OBJECTIVE WAS, IS TO BE MORE FAIR IN A MORE BALANCED WAY TO, UH, ALLOW OUR RESIDENTS TO PARTICIPATE. SO, AS YOU CAN SEE, SECTION NUMBER ONE, UH, THE DOCUMENTS HAS SPINS, UH, OR SUPERSIZE PROCEDURES, BUT OF COURSE, GOT TO VOTE ON IT. NUMBER ONE IS BASICALLY WITHIN 15 DAYS OF THE VACANCY, THE CITY'S COMMUNICATION DEPARTMENT WILL POST THE POSITION TO ALL OF THE CITY'S SOCIAL MEDIA OUTLETS TO INCLUDE THE WEBSITE AND NEWSPAPER. OKAY, HARD COPY APPLICATIONS WILL BE TIMESTAMPED AND INITIATED BY CITY STAFF WHO ACCEPTS THE APPLICATION AND A COPY WILL BE PROVIDED TO THE APPLICANT. AND AN ELECTRONIC APPLICATION WILL RECEIVE A TIMESTAMP. UH, INITIAL WILL BE A COPY REASON FOR THAT IS NOT ONLY JUST FOR THE ACCOUNTABILITY PURPOSES, BUT ALSO TO BE TRANSPARENT WITH THE APPLICANT, TO KNOW THAT THIS WAS THE TIME AND THIS WAS THE ACTUAL PERSON THAT TOOK THEIR APPLICATION. SO THAT WAY THEY COULD HAVE FOR THEIR RECORD KEEPING, OKAY. THE FIRST ROUND EVALUATIONS ARE BASED ON THE CITY'S CHARTER AND THE BOARDS AND COMMITTEES BYLAWS. IF APPLICABLE, IF THE REQUIREMENTS IN THE CITY'S CHARTER OF BOARDS COMMITTEE BYLAWS ARE MET, THE APPLICANT WILL AUTOMATICALLY PROCEED TO THE SECOND ROUND EVALUATIONS. THE SECOND ROUND EVALUATIONS CONSIST OF INTERVIEWS GIVEN BY THE APPLICANT INTERVIEW PANEL, THE AIP, THE APPLICANTS RECEIVE WILL BE REVIEWED AND EVALUATED BY THE ALP, WHICH WILL BE COMPRISED OF THE ASSISTANT CITY MANAGER WHO OVERSEES THOSE BOARDS AND COMMISSIONS OF COURSE, BY OUR CHAIN OF COMMAND HERE. OKAY. THE DEPARTMENT DIRECTOR WHO SUPPORTS THE BOARDS AND THE CURRENT CHAIR OF THE BOARDS COMMISSIONS IN THE EVENT, THERE IS NO CHAIR, A MEMBER OF THE BOARD COMMITTEE ELECTED BY THE BOARD. UH, WE'LL DO THE INTERVIEW DUE TO THE SPECIFIC IEP CRITERIA REFERENCED IN SECTION FOUR, A B AND C CANDIDATES ARE REQUIRED TO ATTEND INDIVIDUAL SEPARATE INTERVIEWS FOR EACH BOARD AND COMMISSIONS. THEY APPLY. SO IF THEY APPLY FOR PARKS, THEY GET INTERVIEWED BY THE PARKS DEPARTMENT. DID THEY APPLY FOR P AND Z? IT'S THE PNC PEOPLE THAT DO, IT'S NOT ALL IN ONE. OKAY. APPLICANTS WILL BE, UH, ACCEPTED FOR 14 CALENDAR DAYS FROM THE ORIGINAL POSTING. AFTER WHICH NO NEW APPLICANTS WILL BE ACCEPTED. ALL INTERVIEWS WILL BE COMPLETED WITHIN 30 DAYS FROM THE ORIGINAL POSTING. IF THERE ARE NOT ENOUGH APPLICANTS OR RECEIVED, THE POSTING PROCESS WILL THEN START OVER 30 DAYS FROM THE LAST INTERVIEW, FIND A CANDIDATE SELECTED FROM THE INTERVIEW PROCESS WILL BE PRESENTED TO THE MAYOR AND COUNCIL FOR NOMINATION AND APPOINTMENT. DURING THE REGULAR SCHEDULED MEETING, STAFF DIRECTORS ARE REQUIRED TO INFORM THE CANDIDATES OF THE TIME AND THE DATE OF THE NOMINATION, ALL FINAL CANDIDATES ARE REQUIRED TO BE PRESENT AT THEIR NOMINATION COUNCIL MEETING CANDIDATES, NOT IN ATTENDANCE AT THEIR COUNCIL MEETING WILL NOT BE CONSIDERED. HOWEVER, THEY HAVE AN OPPORTUNITY TO REAPPLY NO SOONER THAN SIX MONTHS FROM THE DATE OF THE NOMINATIONS COUNCIL MEETING. NOW, I KNOW THIS WAS BROUGHT UP BY A PUBLIC SPEAKER, BUT ONCE APPOINTED A MEMBER COMMISSIONER AGREES TO VOLUNTEER FOR AT LEAST ONE CITY EVENT PER YEAR. AND TO BE SPECIFIC ABOUT THE CITY EVENT, IT COULD BE THE PIONEER SKIVE IT, IT COULD BE THE TRICK OR TREATMENT. IT COULD BE THE, UM, [04:55:01] ANY EVENTS THAT WE HAVE DOWNTOWN THE CHRISTMAS EVENT, ANYTHING LIKE THAT, THAT WE HAVE, THAT IS A SPONSORED EVENT THAT WE AT LEAST REQUIRE OR REQUEST THAT THEY ATTEND AT LEAST ONE PER CALENDAR YEAR. REAPPOINTMENTS ALL REAPPOINTMENTS NEED TO BE SUBMITTED A COMPLETE APPLICATION AND REQUIRE A RECOMMENDATION LETTER WITH AN EXPLANATION AS WHY DO YOU REAPPOINTMENT SHOULD BE CONSIDERED THAT'S THE STAFF AND MS. PARSLEY WILL READ THE COUNCIL. ALL RIGHT. SO THE MISSION AND GOALS AND OBJECTIVES REMAIN THE SAME, UM, WHAT REALLY CHANGED THE THING HERE? DO YOU WANT ME TO READ IT ALL? OKAY. SO IN THE APPLICATIONS RECEIVE WILL BE REVIEWED AND EVALUATED BY THE AIP, WHICH WILL BE COMPRISED OF THE FOLLOWING PANEL, WHICH IS THE APPLICANT INTERVIEW PANEL. THE COUNCIL MEMBER WHO REPRESENTS THAT DISTRICT. IF THE COUNCIL MEMBER IS ENABLED TO ATTEND THE INTERVIEW, THEY WILL RECOMMEND THE MAYOR OR ANOTHER COUNCIL MEMBER AS AN ALTERNATIVE, THE DEPARTMENT DIRECTOR WHO SUPPORTS THE BOARD COMMISSION AND THE CURRENT CHAIR OF THE WORK COMMISSION IN THE EVENT. I'M SORRY, THE CURRENT CHAIR OF THE BOARD COMMISSION IN THE EVENT, THERE IS NO CHAIR, A MEMBER OF THE BOARD COMMISSION ELECTED BY THAT BOARD OR COMMISSION. SO THAT IS BASICALLY THE MAIN DIFFERENCE BETWEEN BOTH OF THE, UM, THE TWO OF THEM. YEAH. OKAY. THANK YOU. ALL RIGHT. IS THERE ANY DISCUSSION ON THIS ISSUE? ANY DISCUSSION ARE THE CHANGES YOU WANT TO HAVE ANY DISCUSSION? OKAY. SO, SO, SO IF YOU DON'T MIND ME GOING AND, UH, I'LL, I'LL GO. SO MY FIRST QUESTION, MY FIRST ONE IS A QUESTION IT STATES, UH, DURING THE EVALUATION EVALUATIONS THAT THE, UH, COUNCIL MEMBER OF THAT DISTRICT, UM, WOULD THAT BE A SINGLE DISTRICT MEMBER DISTRICT OR WHAT, BECAUSE RIGHT NOW, EVERY DISTRICT HAS THREE AT, UH, AT LARGE MEMBERS REPRESENTING IT AS WELL. SO YOU'VE GOT THREE SINGLE MEMBER DISTRICTS, AND YOU GOT THREE AT LARGE DISTRICTS. SO HOW WE, WE TRADE WHICH MEMBERS ARE THERE. I THINK WHAT, HOW I WAS LOOKING AT IT, AND AGAIN, CORRECT ME IF I'M WRONG, BUT WHEN YOU HAVE DISTRICT TWO AND YOU HAVE DISTRICT FOUR AND YOU HAVE DISTRICT SIX, IT PRETTY MUCH OUTLINES THE ENTIRE CITY. CORRECT. AND SO AT LARGEST MEANS THAT THEY'RE ALL AROUND. SO THE ENTIRE SCENE, THE ENTIRE CITY ITSELF. SO THE IDEA WAS IS THAT IF THERE WAS A APPLICANT IN DISTRICT FOUR OR SO FORTH ON THAT END, UH, THAT, UH, PUT IN FOR ACCORDING TO THEIR ADDRESS, THE DISTRICT FOUR COUNCIL MEMBER WOULD, UH, BE ASKED TO DO THE INTERVIEW ON THAT PROCESS THERE, IF THE PERSON IS NOT AVAILABLE OR IS JUST SAYS, NOPE, THEY CAN RECOMMEND SOMEBODY ELSE. IT'S JUST SO THAT WAY WE WERE LOOKING AT IF THERE'S SOMEBODY IN YOUR DISTRICT, AND THAT IS THE, YOUR, YOUR, UH, YOUR AREA IN THE SENSE, UH, YOU CAN BE ABLE TO HAVE THAT LEEWAY THERE. NOW, I KNOW IT KIND OF SUPERSEDES THE OTHER ONE HERE AS FAR AS HAVING NO COUNCIL MEMBER, BUT IT WAS JUST BASICALLY, INSTEAD OF TAKING OUT COUNCIL MEMBERS ALTOGETHER, WE WERE ABLE TO HAVE TWO ON THAT END TO DECIDE. AND THE REASON WHY WE WENT WITH THAT ONE WAS JUST TO BE MORE FAIR, BALANCED OF, OF, OF WHAT WAS GOING ON IN YOUR DISTRICT, IF THAT PERSON IS. YEAH. AND I UNDERSTAND WHAT YOU'RE SAYING, DISTRICT. YEAH. THE PROBLEM WITH IT IS THAT YOU'RE EXCLUDING THE LARGE MEMBERS. IT'S ALMOST LIKE YOU'RE PUNISHING THEM NOT TO BE A PART OF. YEAH, I UNDERSTAND. AND THAT'S KIND OF HOW IT WOULD LOOK, AND I UNDERSTAND THAT, AND THAT'S KINDA WHY WE VALUE EACH ONE OF Y'ALL'S OPINIONS ON, AND THAT'S KIND OF WHERE MY QUESTION WAS LEAVING IT, JUST TO SEE IF THERE WAS A PROCESS WE COULD DO WHERE WE COULD INCLUDE ALL SIX COUNCIL MEMBERS IN, IN A, IN A PROCESS WHERE IT SEEMS A LITTLE BIT MORE FAIR. CAUSE IT'S, IT'S KIND OF ONE SIDED. AND, UM, THAT'S JUST MY QUESTION, BECAUSE I THINK WHAT IT WAS ON THAT, THAT WHEN WE, WHEN IT WAS ORIGINALLY WRITTEN FROM THE BEGINNING, UM, MAYOR PRO TIM, I CAN GO BACK HERE. IT WAS PRETTY VAGUE AGAIN, UH, WHERE IT WOULD SAY THE, THE, HIS OR WHORE DESIGNATED CHAIRMAN BOARD WOULD BE STAFFED. NO, IT'D BE THE CITY MANAGER OR HIS, OR HER MAYOR AND OR ELECTED COUNCIL [05:00:01] MEMBER. RIGHT. OKAY. EVEN IN THE ORIGINAL ONE. OKAY. WELL, WHO WAS THAT COUNCIL MEMBER AS WELL? WHO WAS THE ONE THAT WAS GOING TO BE ABLE TO BE INCLUDED IN THAT INTERVIEW? YEAH. SO BY DOING THE OTHER ONE, WE TOOK ALL THAT EQUATION OUT BECAUSE THE ASSISTANT CITY MANAGERS, ACCORDING TO OUR NEW, UH, CHAIN OF COMMAND HERE IS GOING TO BE OVER THE COMMISSIONS THEMSELVES. SO YOU WOULD BE ABLE TO HAVE THOSE ASSISTANT MANAGERS ASSIST WITH THOSE INTERVIEW PROCESS. BECAUSE AS WE KNOW, SCOTT'S A VERY BUSY PERSON, HE'S VERY BUSY. SO BY JUST RE YOU KNOW, RESPECTFULLY REMOVING HIM FROM THAT, FROM THIS PROCESS ALLOWS HIM TO DO OTHER FUNCTIONS. AND THEN HAS THE ASSISTANT MANAGERS, ACCORDING TO THEIR, THE TREE THAT WE HAVE BE ABLE TO WORK AND HAVE, AND FACILITATE THOSE INTERVIEWS FROM THERE ON THAT INDIA, I GUESS MY RECOMMENDATION WOULD BE TO, UH, UH, ADD MAYBE, UH, AN AT-LARGE MEMBER IN A ROTATION. SO THAT WAY THEY WOULD GET A CHANCE TO SIT IN ON THE INTERVIEWS AS WELL. THAT WOULD BE MY RECOMMENDATION TO ADD AND LARGE, UH, COUNCIL MEMBER TO THE ROTATION AS WELL. SO NOW YOU'VE GOT TWO COUNCIL MEMBERS THERE, WHICH HAS ALLOWED MY CODE, BUT YOU'VE GOT AN, A ROTATION. SO THAT WAY THEY CAN TAKE TURNS, UH, PARTICIPATE IN THIS WAY, THIS WAY, THEY FEEL LIKE THEY'RE A PART OF THE PROCESS AS WELL. THEY'RE NOT BEING EXCLUDED AND IT'S JUST A RECOMMENDATION. UH, SOMETHING ELSE THAT I'VE, I'VE WEIGHED ON AND I'VE TALKED ABOUT, AND I'VE PONDERED ON IS REPRESENTATION THROUGHOUT THE CITY. AND I KNOW THIS IS A HARD ONE BECAUSE I'D LOVE TO SEE OUR BOARDS AND COMMISSIONS BE REPRESENTED BY THE ENTIRE CITY OF KYLE IN ZONES. BUT I KNOW THAT'S GOING TO BE TOUGH BECAUSE TRYING TO GET THE VOLUNTEERS WHEN YOU LIMIT IT TO THAT, ARE YOU GOING TO GET THE VOLUNTEERS THAT YOU NEED? BUT ALL HONESTLY, I'D LIKE TO FIND A WAY WE COULD GET PARTICIPATION THROUGHOUT THE CITY AND EVERYBODY REPRESENTED THROUGHOUT THE CITY. UM, I KNOW RIGHT NOW, P AND Z, WE'RE PRETTY DIVERSE. WE'VE GOT PEOPLE FROM ALL OVER THE CITY AND, UH, IT WASN'T ALWAYS LIKE THAT. I THINK AT ONE TIME THERE WAS LIKE THREE PEOPLE FROM PLUM CREEK ON THERE, OR FROM ONE NEIGHBORHOOD. I'M NOT TRYING TO SINGLE A NEIGHBORHOOD OUT, BUT, YOU KNOW, THESE ARE PEOPLE THAT WANT TO VOLUNTEER, YOU KNOW WHAT I MEAN? AND THAT'S AWESOME, YOU KNOW, THEY WANT TO VOLUNTEER. UM, I'M JUST TRYING TO SEE WHAT WE CAN DO AS A COUNSELOR TO TRY TO, UH, GET MORE REPRESENTATION AT LARGE AND TO GO OFF OF THAT, THAT WAS EXACTLY KIND OF WHAT OUR MENTALITY WAS COMING INTO THIS ABOUT. HOW CAN WE, THE MISSION GOAL ITSELF RECRUIT MORE PEOPLE TO PUT IN FOR THESE BOARDS AND COMMISSIONS TO VOLUNTEER. AGAIN, IT IS A VOLUNTEER POSITION. WHAT CAN WE DO TO INVITE THEM IN WHAT CAN WE DO TO ENCOURAGE MORE APPLICANTS TO COME IN FOR THESE BOARDS? YOU KNOW, AND, AND IT'S SIMPLIFYING THE PROCESS AND MAKING IT MORE FAIR AND MAKING IT MORE EASIER, A SIMPLIFIED PROCESS. WHAT ALSO ENCOURAGED THAT, BECAUSE AGAIN, WHEN WE'RE TRYING TO INVOLVE THE COMMUNITY, UH, FOR DIFFERENT THINGS, YOU KNOW, WHEN, WHEN WE HAVE LOW NUMBERS ON, ON SEVERAL ITEMS THAT WE'RE TRYING TO GET PASSED THROUGH, UH, THAT'S THE WHOLE GOAL WAS TO, TO GET EXACTLY WHAT YOU'RE SAYING. AS MANY PEOPLE INVOLVED AS MUCH AS POSSIBLE ON THIS END. SO THAT'S THE WHOLE REASON WHY WE WENT WITH THIS MISSION STATEMENT. THIS IS THE REASON WHY WE WENT WITH THE, THE, UH, ACCOUNTABILITY PAR PARSES PROCESS WITH THE TIMESTAMP AND THE SIGNATURE CAUSE THAT HAS BEEN BROUGHT UP BEFORE ABOUT, HEY, I TURNED IN MY APPLICATION AND I HAVEN'T HEARD ANYTHING AND WE DON'T KNOW WHERE IT'S AT. OKAY. THIS HELPS SIMPLIFY THE PROCESS. THIS, WHAT WE'RE TRYING TO DO IS MAKE IMPROVEMENTS. THAT'S ALL WE'RE DOING IS TRYING TO MAKE IMPROVEMENTS. AND BY TAKING AGAIN, CITY MANAGER OUT AND THE MAYOR OUT AND SEEK COUNCIL OUT, BASICALLY LETTING CITY STAFF FACILITATE DO THE RECOMMENDATIONS, DO THE INTERVIEWS AND LET THEM BRING US BACK WHO THEY FEEL IS THE BEST OF WHAT WE'RE LOOKING AT. AND THEN WE GO FROM THERE, WITH THE NOMINATIONS. THANK YOU FOR THAT EXPLANATION. I APPRECIATE IT. CAUSE MORE ELSON. YOU HAVE THE FLOOR, HERE WE GO. I'VE GOTTA BE HONEST. UM, THIS POLICY LOOKS LIKE IT MIRRORS THE EXACT SAME POLICY WE ALREADY HAD WITH PIECES TAKEN OUT AND A FEW PIECES ADDED IN I'LL ADMIT, I WAS KIND OF HOPING TO SEE A COMPLETELY ORIGINAL IDEA ON THE POLICY, BUT, [05:05:01] UH, I DO APPRECIATE Y'ALL'S EFFORTS AND PUTTING THIS TOGETHER. SO WITH THAT BEING SAID, I'LL GO THROUGH WHAT HAS BEEN PROVIDED. UM, LET'S SEE HERE. SO REALLY THE ONLY DIFFERENCE, UH, AS YOU STATED, COUNTS, MERRITT PARTIALLY IS, IS FIVE A, UM, FROM THE OTHER ONE WITH THE COUNTER REPRESENTATIVE, I'LL, I'LL SAY I'LL S UH, SECOND COUNCIL MEMBER RESOS, UH, COMMENTS ABOUT THAT. IT COMPLETELY, UH, TAKES OUT THE AT-LARGE I, SO I CAN'T GET BEHIND SECTION FIVE, A WHATSOEVER. UM, YOU KNOW, THE PREVIOUS POLICY ALLOWED FOR ONE, ONE POSITION ON THIS, ON THIS DYESS TO, YOU KNOW, APPOINT, UH, A PROXY FOR THEM TO DO ON ANY OF THE BOARDS OR COMMISSIONS, THEY COULD APPOINT ANYBODY. THEY WANTED TO. UM, ONE THING THAT I DO KIND OF LIKE ABOUT THIS IS THAT THERE'S COUNCIL MEMBERS INVOLVED. I HEARD A COMMENT EARLIER ABOUT, YOU KNOW, YOU DOUBLE UP, YOU HAVE ONE, UH, DISTRICT REPRESENTATIVE AND THEN ONE AT-LARGE REPRESENTATIVE IN EACH INTERVIEW THAT I COULD PROBABLY BE AMENABLE TO ON THAT PARTICULAR SECTION, I'LL BE CLEAR. I THINK, WHATEVER OPTION WE GO TO SHOULD NOT BE THE STEP OPTION. UH, YOU KNOW, WE, UM, ARE ELECTED BY THIS, BY THE RESIDENTS OF THIS CITY. AND BEING APPOINTED IS SOMETHING THAT I THINK SHOULD BE UNDER THE PURVIEW OF THE ELECTED OFFICIALS RATHER THAN STAFF. UM, I COULD GO INTO VARIOUS REASONS, UH, WHY THAT IS. UM, BUT I THINK THAT THAT APPOINTMENT SHOULD BE LIFTED UP BECAUSE ULTIMATELY WE ARE THE ONES THAT ARE GOING TO VOTE ON IT. SO YOU'RE IN THIS ONE SENSE YOU'RE, YOU'RE, UM, YOU KNOW, ALREADY FELT UNDER THE PREVIOUS POLICY. I HAD SO LITTLE KNOWLEDGE AND CONTROL ABOUT WHO WAS BEING NOMINATED, UH, AND YOU KNOW, FOR MY CONSIDERATION OF MY VOTE, UH, BEFORE THEY EVEN GOT HERE AND WE HAD PEOPLE, YOU KNOW, THEY WEREN'T EVEN COMING, UH, FOR THEIR NOMINATION. SO BY COMPLETELY TAKING THE COUNCIL OUT OF IT AND HAVING STAFF DO ALL THE INTERACTIONS AND THEN NOMINATING SOMEBODY TO US, I STILL FEEL LEFT OUT OF THAT, THAT PROCESS AND NOT KNOWING HOW THEY CAME ABOUT TO THAT DECISION. UM, NEXT, UM, THE OTHER BIG ISSUE I HAVE WITH THIS, WHICH IS THE SAME EXACT ISSUE Y'ALL HAMMERED ME ON THE THREE OCCASIONS THAT I BROUGHT THIS FORWARD IN 2021 WAS THAT Y'ALL, DIDN'T WANT TO SEE EVERY PERSON GET AN INTERVIEW. AND I HAD MULTIPLE TIMES PEOPLE SAY THAT THAT'S WHAT YOU'RE ASKING FOR IT. AND NO, THAT'S NOT WHAT I WAS ASKING FOR. UM, BUT UNDER THIS POLICY, IT STATING THAT EVERY SINGLE PERSON THAT APPLIES WITHIN THAT TIMEFRAME WOULD GET AN INTERVIEW. THAT THAT'S WHAT THAT SAYS, UH, W BUT THE REQUIREMENTS. SO LET'S BE, ONCE AGAIN, CLEAR THE REQUIREMENTS ARE SOMETHING, EVERY RESIDENT OF KYLE CAN MEET, AS LONG AS THEY'VE BEEN HERE AT LEAST SIX MONTHS, AND DON'T OWE THE CITY MONEY THAT EVERYBODY MEETS THAT REQUIREMENT. AND, YOU KNOW, WE'VE HEARD QUALIFICATIONS AND ALL THESE DIFFERENT THINGS. THE PREVIOUS POLICY, THE CHARTER, NOTHING STATES, ANYTHING ABOUT PEOPLE BEING QUALIFIED FOR BORDER COMMISSION, OUTSIDE OF BEING A RESIDENT, NOT ONLY THE CITY MONEY, THEY HAVE TO BE HERE FOR THE, THE LENGTH OF TIME THAT IT STATES FOR THAT, THAT BORDER COMMISSION. WE FOUND OUT P AND Z SIX MONTHS, AND ALL THE OTHERS ARE, ARE 12 MONTHS. THAT'S THE ONLY QUALIFICATION AND IT'S FACTS. THE, IN THE CHARTER, IT SAYS FOR P AND Z, THAT NO MORE THAN TWO PEOPLE SHOULD HAVE A RELATION TO, UH, UM, CITY PLANNING AND DEVELOPMENT AND THINGS LIKE THAT. SO WHAT DOES THAT SAY? THIS, THE CHARTER, THE CREATORS OF THE CHARTER WANTED REGULAR JANE AND JOE SMOS ON OUR BOARDS AND COMMISSIONS. SO THERE ARE NO QUALIFICATIONS BESIDES BEING A RESIDENT AND SOMEBODY WHO'S INTERESTED IN SERVING THEIR CITY, BECAUSE GUESS WHAT, WE ARE BUILDING THIS CITY IN THIS COMMUNITY FOR REGULAR JANE AND JOE SCHMOES THAT ARE OUT THROUGHOUT OUR COMMUNITY, NOT THE ONES WITH A CERTAIN LEVEL OF EXPERTISE OR CERTAIN BACKGROUND OR CERTAIN PROFESSIONAL EXPERIENCE THAT IT SAYS NOTHING ABOUT THAT. SO ONE IS THAT THE, THE OBJECTIVE OF THE, THE TASK FORCE TO, TO RECOMMEND TO THIS BODY, THAT EVERY PERSON THAT APPLIES WITHIN THAT TIMEFRAME, THEY ALL GET THAT INTERVIEW. SO WHETHER IT'S FIVE OR 25, ALL FOLKS THAT MEET ALL OF THOSE STIPULATIONS OUTLINED IN A CHARTER, AND Y'ALL DID CODIFY THIS AND SAY, FIRST ROUND EVALUATIONS ARE BASED SIMPLY ON THE CITY CHARTER AND BOARD COMMITTEE'S BYLAWS. THAT'S THE ONLY THING. SO EVERYBODY KIND OF GETS IN ON THAT. SO THAT'S WHAT I MEAN BY EVERYBODY WILL GET AN INTERVIEW AND MOVE TO [05:10:01] THE SECOND ROUND. ONCE AGAIN, I'M NOT SAYING I'M OPPOSED OR AGAINST THAT, BUT WHEN I BROUGHT THIS FORWARD THREE TIMES LAST YEAR, THAT'S WHAT I COMPLETELY GOT HAMMERED ON TIME AND TIME AGAIN, EVEN THOUGH I MADE IT CLEAR THAT WASN'T MY OBJECTIVE WAS THAT YOU'RE JUST TRYING TO GET EVERYBODY AN INTERVIEW. THAT WASN'T THE OBJECTIVE. UH, SECONDLY, UH, I'M A LITTLE CONFUSED ON THE TIMEFRAMES Y'ALL HAVE HERE. SO YOU'RE SAYING WITHIN 15 DAYS OF A VACANCY THAT THE CITY NEEDS TO HAVE A POST SOCIAL MEDIA WEBSITE, ALL THAT GOOD STUFF. FINE. THAT'S GREAT. WE'RE MOVING, WE'RE MOVING FORWARD WITH THAT. AS SOON AS THERE'S A VACANCY, WE'RE NOT WAITING AROUND FOR THINGS TO HAPPEN. SO I'M COMPLETELY FINE WITH THAT. TOTALLY FINE. WITH THE ACCOUNTABILITY TIMESTAMPING EVERYTHING, BUT WHERE I'M, WHERE I'M A LITTLE CONFUSED ON IS I THINK IT IS SEVEN. APPLICATIONS WILL BE ACCEPTED FOR 14 DAYS FROM THE ORIGINAL POSTING. AFTER WITH NEW, NO NEW APPLICATIONS WILL BE ACCEPTED. ALL INTERVIEWS WILL BE COMPLETED WITHIN 30 DAYS FROM THE ORIGINAL POSTING. SO WHAT'S YOUR STAYING. THERE IS YOU HAD THE ORIGINAL POSTING HAPPENED ON JUST THROWING OUT A ARBITRARY DATE NOVEMBER 1ST. THAT MEANS YOU HAVE 14 CALENDAR DAYS, WHICH WOULD TAKE US TO NOVEMBER 15TH, UH, TO, UH, STEP APPLICATIONS. AND THEN ALL INTERVIEWS WILL BE COMPLETED WITHIN 30 DAYS FROM THE ORIGINAL POSTING. SO YOU'RE SAYING YOU'D HAVE NOT FULL 30 DAYS. YOU ONLY HAVE TWO WEEKS ESSENTIALLY TO GET ALL THOSE DONE. IF YOU'RE SAYING THAT ALL INTERVIEWS MUST BE COMPLETED WITHIN 30 DAYS FROM THE ORIGINAL POSTING, WHICH IN MY KIND OF EXAMPLE WAS NOVEMBER 1ST. SO THAT'S PUTTING A LOT OF PRESSURE ON WHOMEVER IS A PART OF THE AIP TO GET ALL THOSE INTERVIEWS SCHEDULED OR EVERYBODY'S SCHEDULES COORDINATED TO HAPPEN IN TWO WEEKS. AND I'M NOT SURE WAS THAT THE INTENTION OF THAT, IF NOT, WE PROBABLY NEED TO RELOOK AT THOSE THOSE DATES. SO THAT'S, THAT'S MY NEXT COMMENT. UH, IF THERE ARE NOT ENOUGH APPLICATIONS RECEIVED, THE POSTING PROCESS WILL START OVER 30 DAYS FROM THE LAST INTERVIEW I JUST GAVE COMPLIMENTS ON, YOU KNOW, THE 15 DAY IMMEDIATELY GETTING IT OUT THERE, BUT THEN SAY, YOU KNOW, LET'S PLAY THIS OUT. YOU HAVE NOVEMBER 1ST, THEY POST IT TO NOVEMBER 15TH. WE ACCEPT APPLICATIONS. THEN YOU HAVE TO THE END OF NOVEMBER TO, UH, DO ALL THOSE INTERVIEWS. IF YOU DIDN'T HAVE ENOUGH APPLICATIONS RECEIVE, WHICH I GUESS WOULD BE HOWEVER MANY POSITIONS YOU HAVE TO FEEL, UH, THAT WOULD BE THE ENOUGH. UH, SO THAT'S A LITTLE AMBIGUOUS THERE. THE POSTING WILL START OVER 30 DAYS FROM THE LAST INTERVIEW, SO THAT THIS SECTION EIGHT STATES THAT THERE WERE THESE APPLICATIONS, THERE WERE AT LEAST INTERVIEWS, BUT YOU DIDN'T HAVE ENOUGH APPLICATIONS, BUT YOU STILL DID INTERVIEWS. AND THEN IF YOU DON'T HAVE ENOUGH OF THOSE APPLICATIONS RECEIVED, AND THE POSTING STARTS OVER 30 DAYS FROM THE LAST INTERVIEW. SO THAT, THAT NUMBER EIGHT, EIGHT IS VERY CONFUSING. YOU ALL, UM, I DON'T KNOW WHERE THAT BEGINS AND ENDS. AND FOR ME, IT'S PUTTING 30 DAYS FROM THE LAST INTERVIEW. SO IF WE JUST PLAY THAT OUT AGAINST AGAIN, SAY YOU DID YOUR LAST INTERVIEW ON NOVEMBER 30TH. YOU DIDN'T HAVE, ACCORDING TO THE LANGUAGE HERE, IF THERE ARE NOT ENOUGH APPLICATIONS, UM, THEN JUST POSTING, WE'LL START OVER 30 DAYS FROM THE LAST INTERVIEW. SO SAY THAT LAST INTERVIEW WAS NOVEMBER 30TH, THEN YOU WOULDN'T POST AGAIN, UH, UNTIL DECEMBER 30TH. SO NOW YOU'VE JUST GONE THROUGH A WHOLE MONTH OF NO ACTION. AND YET THIS BOARD IS SITTING THERE NEEDING PEOPLE AND THERE'S INACTION FOR 30 DAYS. THAT'S, THAT'S WHAT I READ AND UNDERSTAND THAT. SO AID IS EXTREMELY CONFUSING TO ME. UH, NUMBER NINE, CERTAINLY WE COULD KEEP IT TO A REGULAR SCHEDULED MEETING, BUT AS WE JUST HAD IN DECEMBER, WE HAD A SPECIAL MEETING FOR DECEMBER 16TH TO CONDUCT ALL OF OUR BUSINESS, UH, THAT WE WOULD HAVE DONE THE WEEK OF CHRISTMAS, BUT WE WANTED TO GIVE STAFF THAT WEEK OFF. SO DOES THAT NOW MEAN WE CANNOT CONDUCT THAT BUSINESS BECAUSE IT'S NOT A REGULAR MEETING IS CALLED A SPECIAL MEETING. SO DO WE WANT TO HOLD OURSELVES TO JUST REGULAR MEETINGS FOR MAKING THESE APPOINTMENTS AND ACCEPTING THOSE NOMINATIONS? OR COULD WE DO IT ON A SPECIAL MEETING IF IT'S A CIRCUMSTANCE THAT HAPPENED LIKE LAST DECEMBER, JUST WANT TO THROW THAT OUT THERE. I LOVED THE CANDIDATES, NOT IN ATTENDANCE AT COUNCIL MEETING, NOT BEING CONSIDERED. I'M ALL ON BOARD FOR THAT. UM, I'M NOT REALLY SURE THE GOAL OF NUMBER 10 TO BE QUITE HONEST. UH, WE'RE ALREADY TRYING TO GET PEOPLE INVOLVED IN VOLUNTEER TO DO THE WORK OF EACH BOARD AND COMMISSION, AND NOW WE'RE HOLDING THEM ACCOUNTABLE. IS THERE, IS THERE ANY, [05:15:01] UM, REPERCUSSIONS, IF THEY DON'T MAKE THAT, THAT, UH, VOLUNTEER AT AN EVENT, DO THEY, DO THEY AUTOMATICALLY GET VOTED OFF OF THE, THAT BOARDER COMMISSION? WHAT'S THE REP MID-MAY, UH, WHAT'S, WHAT'S THE REPERCUSSIONS OF THAT ALSO, JUST WHAT IS THE GOAL BEHIND THAT? BECAUSE ONCE AGAIN, THEY'RE ALREADY, WE'RE ALREADY TRYING TO GET THEM TO THE MEETINGS THAT THEY HAVE. WE HAVE ISSUES EVEN WITH THAT. I'M, I JUST WANT PEOPLE THAT ARE WILLING TO WORK HARD ON THOSE BOARDS AND COMMISSIONS. WE CAN GET FOLKS TO VOLUNTEER ALL, UH, ALL KINDS OF WAYS FOR OTHER EVENTS, BUT I'M NOT REALLY SURE THAT THE PURPOSE AND THE GOAL BEHIND THAT. AND THEN IF THERE IS SOMETHING THAT WOULD, UH, KIND OF, YOU KNOW, QUOTE UNQUOTE, UM, PUNISHED HIM FOR NOT DOING THAT. SO I'M, I'M REAL SKEPTICAL, SKEPTICAL ON NUMBER 10. AND THEN FINALLY, WHAT REAPPOINTMENTS ALL ALL FOR, UH, YOU KNOW, PEOPLE NOT JUST ROLLING BACK ON AND HAVING TO, YOU KNOW, SOMEBODY EITHER VOUCH FOR THEM TO BE REAPPOINTED, WHOMEVER THAT MAY BE, IT'S NOT CLEARLY OUTLINED HERE IN THE PREVIOUS POLICY. IT SAID THE CHAIR HAD TO DO IT. SO THIS COULD BE ANYBODY. THIS COULD BE A RESIDENT, THIS COULD BE STAFF MEMBERS. IT COULD BE ANOTHER MEMBER ON THE BODY WHO IS THAT? UM, SO THAT, THAT IS MY, MY QUESTION ON THAT PART. SO, LIKE I SAID, UM, WITH WHAT YOU ALL BROUGHT, THOSE ARE MY COMMENTS ON THAT PARTICULAR THING. BUT, UH, CERTAINLY I UNDERSTAND THE COMMENTS ABOUT GETTING PEOPLE FROM ALL OVER OUR CITY THAT IS IMPORTANT TO ME, BUT WHAT'S MOST IMPORTANT TO ME IS JUST PEOPLE THAT ARE GOING TO BE ON THESE BOARDS AND COMMISSIONS AND COMMITTED TO COME INTO THE MEETINGS AND, AND, AND SOLID WITH THAT. UH, THAT IS ACTUALLY WHAT IS EXTREMELY IMPORTANT TO ME, ESPECIALLY BASED ON THE THINGS THAT WE'VE HAD, IF I MAY RESPOND, JUST MAKING SURE HE'S DONE TURN HIS MIC OFF. I'M JUST GOING TO RESPOND TO COUNCIL MEMBER ELLISON'S, UM, UH, COMMENTS, WHICH I REALLY APPRECIATED. UM, AND AGAIN, THIS WAS JUST A STARTING POINT. WE DIDN'T EVEN, WE JUST, WE DIDN'T THINK ALL THIS WAS GOING TO PASS. SO, UM, AND I'D JUST PROBABLY TO COME BACK A COUPLE OF TIMES. SO TO ADDRESS NUMBER THREE, AS FAR AS FIRST ROUND EVALUATIONS, A I THINK EVERYBODY SHOULD HAVE AN INTERVIEW. I WAS NOT ONE OF THEM THAT THAT WAS AGAINST IT. UM, BUT IN THE EVENT WE WANT TO GO IN THERE AND LIMIT THAT. UM, WE ALWAYS HAVE THE OPTIONS BECAUSE I DON'T KNOW IF EVERY COMMITTEE OR BOARD HAS BYLAWS, BUT THAT'S WHY WE PUT IT IN THERE. BECAUSE IN ADDITION TO THE CITY'S CHARTER, WE ALSO INCLUDED BOARD AND COMMITTEE BYLAWS. AND SO IF AT ANY POINT WE WANT TO CHANGE THE EXPECTATION, YOU COULD CHANGE THE BYLAWS. UM, AND THEN AS FOR NUMBER SEVEN DATES, THOSE WERE JUST DATES, GENERAL DATES. WE WEREN'T A HUNDRED PERCENT SURE. WE, WE WERE JUST TRYING TO FIGURE OUT CERTAIN DATES, UM, AND TOTALLY AMENABLE A HUNDRED PERCENT. NUMBER EIGHT IS ACTUALLY TO DETER PEOPLE FROM USING NUMBER AIDS BECAUSE WE DON'T WANT TO WAIT. SO THE IDEA IS TO PUSH FOR PEOPLE TO GET IT DONE BY STEP SEVEN. HOWEVER, THE PREVIOUS ISSUES THAT I THINK WE HAD WHERE WE HAVE THESE APPLICATIONS, FOR EXAMPLE, I THINK THE ONE WE JUST HAD FOR PLANNING AND ZONING, THEY CAME IN LIKE DECEMBER OR NOVEMBER AND PETE, THEY SAT ON THOSE FOR A COUPLE MONTHS AND THEN LAST MEETING PEOPLE WANTED TO COME IN AND RUSH TO GET THE REST THROUGH WHEN WE'VE HAD TWO APPLICATIONS ON FILE. AND THEN IT WASN'T A RUSH THEN. SO I GUESS I WAS KIND OF CONFUSED WHY THEY WANTED TO RUSH IT LAST MEETING. SO, AND SO I CAN UNDERSTAND IF WE DON'T WANT TO KEEP EIGHT IN THERE, BUT IT'S MORE, MORE TO DETER PEOPLE FROM NOT ACCEPTING APPLICATIONS AND NOT DOING THE INTERVIEWS THAN IT IS, UM, TO, TO PUSH APPLICATIONS THROUGH WHAT WE WANT IS TO GET THEM DONE. AND WE CAN WORD THAT WHATEVER WAY WE WANT IT TO LOOK LIKE, UM, FOR NUMBER NINE, AS FAR AS BEING ON A REGULAR SCHEDULED MEETING, UM, IF IT'S AN ISSUE AND IF IT'S HAS BEEN AN ISSUE, UM, WE CAN MOVE IT TO WHATEVER MEETING WE WANT. I'VE BEEN ON COUNCIL FOR, YOU KNOW, JUST A YEAR. SO I'M NOT SURE, BUT I DON'T THINK IN MY TIME WE'VE REALLY HAD ANYBODY NOMINATED DURING A SPECIAL MEETING. UM, AND I THINK THAT'S, OH, NO. UM, ONE THING THAT I DO THINK WE NEED TO ADD IS, UH, CONSEQUENCES FOR MS. UH, MEETINGS. AND I'M NOT TALKING ABOUT COVID BECAUSE WE ALL KNOW COVID DOESN'T COUNT. UM, BUT ANYTIME [05:20:01] PEOPLE MISS A MEETING, UM, AND WHICH AFFECTS HOW THE CITY RUNS AT TIMES, I THINK THERE NEEDS TO BE SOME ACCOUNTABILITY THERE. SO I WOULD LIKE TO ADD SOMETHING, UM, REGARDING MS. MEETINGS. SO IF ANYBODY HAS AN OPINION ON HOW THEY WANT THAT TO LOOK, IT WOULD BE APPRECIATED. I THINK FOR US, UH, FOR ME, I'M SORRY, NOT FOR US, FOR ME. UM, I'M REAL CAREFUL ABOUT REPERCUSSIONS AND, UM, ONE REASON WHY IS THESE ARE VOLUNTEERS THEY'RE NOT PAID, BUT WITH THAT BEING SAID, WE CAN'T HAVE A VOLUNTEER MISSING SEVERAL MEETINGS. SO I WOULD LOOK AT SO MANY MEETINGS PER A YEAR THAT THEY'RE NOT ALLOWED, THEY'RE ALLOWED TO MISS ONLY. SO THAT'S SOMETHING WE COULD LOOK AT. UM, BUT I GOTTA REMIND US, REMIND US. THESE ARE VOLUNTEERS ARE NOT PAID STAFF. THEY'RE NOT PAID ANY WAY. IT'S A VOLUNTEER POSITION. SO WE'VE GOTTA BE REAL CAREFUL ON HOW WE, UM, PICKLES, HOW MANY DAYS IT IS, HOW MANY MEETINGS? NO, I AGREE WITH THAT. I AGREE. BUT EVEN THOUGH THEY'RE VOLUNTEERS, IT, IT AFFECTS THE CITY. AND WE LEARNED THAT TONIGHT WHEN WE HAD, THEY HAD TO HAVE A SPECIAL CALLED MEETING. UM, SO IF WE COULD VOTE ON SOMETHING AFTERWARDS, UM, I'M NOT SAYING ONE OR TWO, AND I'M NOT SAYING YOU'RE SICK, OR EVEN LIKE YOUR KID IS SICK, LIFE HAPPENS. BUT, UM, IF IT'S BEEN CONSISTENT, THEN I FEEL LIKE THERE SHOULD MEAN WE NEED TO SEE A REAL WANT TO BE ON THESE COMMITTEES. WILL YOU PLEASE GIVE ME THAT IN THE ORDINANCE? SURE. UH, IF A MEMBER OF A BOARD IS ABSENT FOR THREE REGULAR CONSECUTIVE MEETINGS, THE REGULAR MEMBER OFFICE, REGULAR MEMBER OFFICE IS CONSIDERED VACANT UNLESS THE MEMBER IS SICK OR HAS FIRST OBTAINED A LEAVE OF ABSENCE FROM THE MAJORITY OF THE BOARD MEMBERS PRESENT AT A REGULAR MEETING. THANK YOU. SO THEN THAT'S WHAT WE WOULD ADD. UM, THAT WAS THREE CONSECUTIVE THAT'S QUITE HIT. YEAH. THAT'S THREE REGULAR CONSECUTIVE MEETINGS, UNLESS THERE'S AN EXCUSE. AND, AND IF COUNCIL'S OKAY WITH THAT, THEN I GUESS WE COULD PUT THAT THAT'S EXCESSIVE FOR SURE. BUT YEAH, WELL, I DON'T THINK IT'S, I GUESS MY OPINION, IT'S NOT TOUGH ENOUGH BECAUSE THAT'S PROBABLY RARELY GOING TO HAPPEN FOR SOMEBODY TO MISS THREE STRAIGHT MEETINGS. IF YOU'RE ON LIBRARY, BOY, THAT MEANS YOU MISSED THREE STRAIGHT MONTHS. THEY ONLY MEET ONCE A MONTH. IF YOU'RE ON PANSY, THAT MEANS YOU MISS TWO. UH, TO ME, YOU MISSED A MONTH AND A HALF OF ME, I JUST DON'T SEE THAT AS THE PROBLEM. I THINK THERE IS, YOU KNOW, I THINK THERE PERHAPS IS SOME WARRANT TO HAVING AN OVERALL CALENDAR YEAR NUMBER OF MEETINGS YOU CAN MISS. AND I DON'T KNOW WHAT THAT NUMBER IS. UM, YOU KNOW, OBVIOUSLY YOU GET A, I REMEMBER ON COUNCIL TO OLD MAN TALKING DOWN HERE, UH, BEFORE WE CHANGED THE COMPENSATION AND REQUIRED YOU TO BE AT THE MEETING TO GET YOUR COMPENSATION. WE HAD ABSENCE ISSUES ALL THE TIME, BUT THEN WHEN THAT WAS TIED TO THAT, I DON'T SEE ANYBODY MISSING MEETINGS ANYMORE. UH, BUT OBVIOUSLY THAT THAT'S, THAT'S OUR BOARD, UH, W WE ARE, UH, PAID A SALARY HERE, BUT, UH, I JUST THINK THAT PERHAPS, YOU KNOW, ONE, I THINK ONE THING THAT WILL HELP WITH ABSENCES, I'M, I'M REALLY ALL JOKING ASIDE WHEN THEY, WHEN OUR BOARDS AND COMMISSIONS SEE THE COMMITMENT FROM US AND HOW IMPORTANT THEY ARE WHEN WE GO AND MEET WITH THEM WHEN WE HAVE THESE CONVERSATIONS, BUT WE LOOPED THEM IN WITH THE GOALS AND VISIONS AND WHAT WE'RE TRYING TO ACCOMPLISH FOR THE YEAR. I THINK THAT'S GOING TO ADDRESS A LOT OF ISSUES OF PEOPLE. JUST MAYBE FEELING LIKE THERE ISN'T THAT IMPORTANT ON THIS PART OF THE COMMISSION. UH, SO THAT'S ONE THING, BUT, UH, I THINK IF WE DO MAKE, UH, AN ACCOUNTABILITY PROCESS, IT, YOU KNOW, MAYBE IT'S, YOU DON'T, YOU CAN'T MISS MORE THAN THREE OR FOUR MEETINGS IN A CALENDAR YEAR. IF YOU MEET THAT THRESHOLD, THEN MAYBE, YOU KNOW, EITHER THE BODY THAT YOU'RE ON OR THE COUNCIL HAS TO DECIDE, YOU KNOW, LOOK AT THAT CASE AND SAY, OKAY, WELL, THESE ABSENCES WERE FOR [05:25:01] THIS REASON, THAT REASON, DO WE WANT TO MOVE FORWARD WITH, CONTINUE TO HAVE THIS PERSON ON THE BODY? OR SHOULD WE, UH, RECUSE THEM AND, UH, OPEN IT UP FOR SOMEBODY ELSE? THAT THAT WOULD BE MY, I ACTUALLY LIKE THAT IDEA. THAT'S A GREAT IDEA. SO PAGE, DO WE NEED TO CHANGE THE ORDINANCE? OKAY. AND SO PUTTING IT IN HERE, WE'LL JUST HAVE TO DO THE, THE ORDINANCE. CAN WE MAKE A MOTION TO DIRECT STAFF TO TAKE A LOOK AT THAT AND THEN BRING IT BACK TO US? DO WE NEED TO DO THAT? OR CAN WE JUST REQUEST IT? YEAH, THAT'S FINE. OKAY. YOU DON'T, YOU DON'T NEED TO MAKE A MOTION. WE CAN. THANK YOU. SO UPON OUR CONVERSATION, IS THERE ANYTHING THAT YOU GUYS WANT TO SEE THAT I HAVE ADDRESSED? ALL RIGHT. YOU KIND OF ADDRESSED EVERYTHING. I DON'T THINK YOU SHOULD EFFICIENTLY ADDRESSED EVERYTHING, BUT THE ONLY OTHER THING YOU DIDN'T ADDRESS WAS NUMBER 10. NUMBER 10, I WAS GONNA LEAVE FOR TOBY IS, CAUSE THAT WAS TOTALLY HIS IDEA. YEAH. MY THING WAS, IS THAT AGAIN, I WAS JUST TRYING TO GET SOME MORE COMMUNITY INVOLVEMENT IN JUST BASICALLY MAYBE THE WORD AGREE OR REQUEST TO VOLUNTEER. AND TO ME, I DIDN'T REALLY SEE AN ISSUE WITH IT. IF, IF SOMEBODY WANTED TO VOLUNTEER, IT'S LIKE ONE OF THE STIPULATIONS AND THEN ALL SERVING ON A BOARD IS ONE THING. BUT, YOU KNOW, JUST REQUESTING OR ASKING IF, IF THEY WOULD MAYBE NOT MAKE THEM, BUT REQUEST THEM IF, IF THEY WOULD BE WANTING TO VOLUNTEER ON THAT. YEAH. SO THERE'S NO REPERCUSSIONS FOR OUTBOARD. OKAY. NO. OKAY. IT COULD BE JUST, YOU KNOW, UH, UH, I DON'T KNOW. WE HAVE SOMEBODY THAT'S HERE ON P AND Z, BUT YEAH, BUT THE THING IS, IT'S JUST LIKE ANY NEW NINI NEW PERSON THAT CAME ON BOARD, UH, WOULD BE REQUESTED TO, TO IF THEY WOULD LIKE TO VOLUNTEER, GIVE THEM THAT OPPORTUNITY IN A WAY THAT THEY CAN VOLUNTEER FOR ANY CITY EVENT. BUT AGAIN, THAT'S NOT THIS, THIS IS NOT, THIS IS NOT SET IN STONE. AND GOING BACK TO NUMBER SEVEN, GOING BACK TO NUMBER SEVEN, BACK TO WHERE YOU'RE SAYING, OKAY, WELL YOU GOT 15 DAYS, YOU GOT TO GET THE APPLICATION. THEN YOU GOT ANOTHER 15 DAYS TO GET HIM INTERVIEWED BECAUSE OF COURSE THAT'S WHAT IT IS. WE WANT TO GET THEM ON AS SOON AS POSSIBLE. IF WE ALREADY KNOW THAT THE OPENINGS ARE THERE AND YOU KNOW THAT THE, THE INTERVIEWS NEED TO COME, YOU NEED TO LET THEM KNOW THE INTERVIEWS ARE GOING TO COME QUICK AND SAYING, THAT'S WHAT THE WHOLE THING IS TO GET THEM DONE WITHIN A MATTER OF A CERTAIN PERIOD OF TIME, THERE'S YOUR TIME LIMIT? BECAUSE AGAIN, THEY MAY EVEN SOME APPLICATIONS THAT CAME IN IN SEPTEMBER, OCTOBER, AND THEN NOW WE'RE IN A MAD DASH TO GET THEM DONE BY JANUARY. OKAY. THIS IS BASICALLY TRYING TO GET A TIME LIMIT DONE, GET THEM ALL INTERVIEWED, WHETHER IT'S 25 OR FOUR, WE GOT TO ALLOW THEM TO BE ABLE TO BE INTERVIEWED. AND IF THEY FIT THE CRITERIA, THEN YES, BRING THEM FORWARD FOR THE NOMINATIONS. WE CAN GET THEM ON BOARD. THAT'S THE MAIN THING. THIS THAT'S MY ONLY COMMENTS YOU'RE YOU'RE IN THAT, THAT SECTION. YOU'RE ESSENTIALLY SAYING THAT ALL INTERVIEWS HAVE TO BE DOWN WITHIN, UH, 16 DAYS ESSENTIALLY, UH, CHANGE THAT DATE. SO IF THERE'S, THERE'S SOMETHING THAT IS MORE AMENDABLE TO YOU, INSTEAD OF BEING 14 CALENDAR DAYS, WE CAN DO 21. AND WE WOULD THAT THE, THE ACCEPTING THE APPLICATIONS IS NOT THE ISSUE. ALL INTERVIEWS BEING COMPLETED WITHIN 30 DAYS OF THE ORIGINAL POSTING IS THE LANGUAGE YOU ALL HAVE HERE. SO THAT'S NOT EVEN BEING COMPLETED WITHIN 30 DAYS FROM THE LAST, YOU KNOW, THE ENDING OF THE 14 DAYS, BAD LANGUAGE, BASICALLY GET THEM DONE. 30 DAYS, JUST GET THE WHOLE INTERVIEWS APPLICATIONS TAKEN IN WITHIN 15 DAYS. INTERVIEWS WILL BE DONE WITHIN 15, WITHIN A 30 DAY PERIOD. I MEAN, THE, I GUESS THE, LET ME JUST STAY WITH THE LANGUAGE, I THINK SHOULD BE ALL INTERVIEWS WILL BE COMPLETED WITHIN 30 DAYS FROM THE, UH, LAST NO, CAUSE THAT'S THE PROBLEM WITH, UH, FROM THE LAST, UH, THE CLOSING OF THE APPLICATION PERIOD. OKAY. THAT WOULD BE THE LANGUAGE. SO THAT, THAT WAY YOU HAVE YOUR 14 DAY WINDOW. AND I MEAN, I'M INDIFFERENT ABOUT WHATEVER THAT WINDOW IS. YOU HAVE THAT 14 DAY WINDOW AND THEN THE CLOCK STARTS FROM THE END OF THAT, THE APPLICATION EXCEPTION PERIOD. AND THAT'S WHEN THE 30 DAYS START, BECAUSE THEN THAT GIVES YOU A FULL 30 DAYS RATHER THAN IF YOU DO IT THAT WAY. OKAY. I'M JUST SAYING I'M ALL FOR TRYING TO GET THEM FILLED TOO, BUT YOU'RE GOING TO PUT A LOT OF, YOU'VE GOT PARTICULARLY WITH THE PEOPLE WHO ARE INVOLVED IN THE INTERVIEW PROCESS. AND ESPECIALLY IF YOU'RE GOING TO GET TO COUNCIL MEMBERS AND STAFF AND THE BOARD CHAIRMAN AND ALL THIS STUFF, THAT'S A LOT OF [05:30:01] PEOPLE TO GET SCHEDULED AND SAY, YOU, WE DO HAVE A GOOD PROBLEM OF 20 PEOPLE APPLY. THEN YOU GOT TWO WEEKS TO GET ALL THOSE PEOPLE ON THAT SAME SCHEDULE AND GET ALL THOSE INTERVIEWS. THEN THAT'S WHAT I'M JUST SAYING. WE'RE SETTING OURSELVES UP A LITTLE BIT FOR, OKAY. SO I, I, WHAT I HEARD WAS ALL INTERVIEWS WILL BE COMPLETED WITHIN 30 DAYS FROM THE CLOSING OF THE APPLICATION PERIOD. IS THAT BETTER? UH, IT'S BETTER. SORRY. GIBSON. YOU GIVE SOME ROOM FOR EVERYBODY THAT TRIED TO GET THOSE IN FIVE OR FOUR OR THREE PEOPLE APPLYING. YEAH. THAT'S NOT A BIG ISSUE, BUT IF WE GET 14 PEOPLE APPLY AGAIN. HELL WE CAN TAKE UP 10 THAT'S. IT'S TOUGH TO GET ALL THOSE PEOPLE SCHEDULED IN TWO WEEKS. OKAY. AND THEN, LIKE I SAID, EIGHT JUST DOES NOT MAKE SENSE TO ME IT OUT. AND THEN I LIKE TO SEE IF WE COULD, YEAH, IT HASN'T HAPPENED IN A YEAR. YOU'VE BEEN HERE, BUT IT DOESN'T MEAN IT WON'T HAPPEN ONCE AGAIN, UH, JUST LAST MONTH WE HAD AN ISSUE OF WHERE WE MOVED UP A REGULAR MEETING TO PUT A SPECIAL MEETING, AND THEN THAT WOULD PRECLUDE US FROM DOING BUSINESS. IF THAT WERE TO BE THE CASE. I WANT TO TAKE OUT ANY WAYS THAT THERE ARE TO DELAY THE PROCESS. I THINK WE'RE ALL ON BOARD OF TRYING TO GET THESE POSITIONS FILLED AS QUICKLY AS POSSIBLE. AND I THINK BY NARROWING IT TO REGULAR MEETINGS, DOES THAT, HOW MUCH IT DOES IT, I DON'T KNOW, BUT I THINK IT DOES IT. UM, AND THEN, LIKE I SAID, I I'M ALL FOR PEOPLE VOLUNTEERING. I JUST DON'T KNOW IF WE NEED IT, PARTICULARLY IN THE POLICY. WE CAN CERTAINLY ENCOURAGE PEOPLE, UH, ALL DAY TO VOLUNTEER. BUT I, I JUST DON'T KNOW ABOUT PUTTING IN THE POLICY AND SETTING EXPECTATION FOR PEOPLE AND THEN BEING WORRIED ABOUT, OH, I DIDN'T, YOU KNOW, THIS STARTED TOGETHER. UM, AND I CERTAINLY DON'T WANT TO HAVE ANY REPERCUSSIONS FOR OUR VOLUNTEERS FOR NOT BEING ABLE TO VOLUNTEER BEYOND WHAT THEY'RE ALREADY APPLYING FOR. THAT'S A, THAT'S A FAIR STATEMENT. SO A FLORES KALE, SHOULD WE GO AHEAD AND MAKE THE CHANGES IN BRINGING, I WOULD LIKE A LITTLE BIT MORE OPINION FROM NUMBER NINE REGARDING THE REGULAR SCHEDULED ONLY BECAUSE I, I FEEL LIKE WHEN WE HAVE SPECIAL MEETINGS, IT'S FOR A REASON. AND IF WE'RE, IF WE HAVE A SPECIAL MEETING IS BECAUSE THE REGULAR ONE DIDN'T, MAYBE THIS IS IN ADDITION TO A REGULAR ONE. SO PRO LIKE PROLONGING A SPECIAL MEETING IS NOT SOMETHING I WANT TO DO, BUT WELL, CAUSE IF WE HAVE A SPECIALLY, FOR EXAMPLE, WE HAVE A SPECIAL MEETING BECAUSE WE NEED TO TAKE A VOTE ON SOMETHING AND THEN WE'RE GOING TO HAVE A NOMINATION. HOW MANY COME IN? AND THEN WE'RE GOING TO TALK TO THEM BECAUSE THAT'S WHAT WE DO. WE, THEY COME IN AND THEY TALK AND WE ASK QUESTIONS, SPECIAL MEETINGS, I GUESS FOR ME ARE, ARE FOCUSED ON CERTAIN ITEMS. AND SO I GUESS I FIGURE ADDING STUFF TO THAT MAY TAKE AWAY FROM WHAT WE'RE SUPPOSED TO BE FOCUSING ON. BUT I MEAN, WE, WE FOCUS ON A VARIETY OF DIFFERENT THINGS, EACH MEETING, I THINK WITH THAT, THE RE WHAT I'M SAYING HERE IS OBVIOUSLY WE MEET FIRST AND THIRD TUESDAY. SO, YOU KNOW, BY HOLDING IT ONLY TO THAT, THOSE TWO OPTIONS, YOU'RE LIMITING YOURSELF ON WHEN YOU CAN MAKE A VOTE ON THOSE NOMINATIONS, IF YOU OPEN IT TO ANY MEETING THAT WE HAVE, WHAT SHOULD ESSENTIALLY, OR A REGULAR AND SPECIAL, UM, YOUR, YOUR, YOU COULD BE SAVING YOURSELF A FEW DAYS FROM GETTING THEM APPOINTED AND MAYBE, UH, YOU CAN HAVE THEM SEATED ON A SECOND MEETING OF THE MONTH THAT YOU WOULD OTHERWISE HAVE THE WAY TO THE, YOUR FIRST MEETING OF YOUR NEXT MONTH. I'M NOT SAYING, YOU KNOW, THIS THAT'S A HUGE GAME CHANGER, BUT IF THE GOAL IS TO TAKE OUT ALL ROADBLOCKS THAT PREVENT A PROLONGED THING, A POSITION TO BE FILLED, THEN I WANT TO REMOVE IT. EVEN IF IT SAVES US TWO OR THREE DAYS. RIGHT. NO, I UNDERSTAND THAT. BUT THEN THAT KIND OF CONFLICTS WITH YOUR COMMENT ABOUT NUMBER SEVEN BEING TOO FAST. NO. SO YOU'RE JUST HERE. I THINK YOU'RE MISSING WHAT I'M SAYING ABOUT NUMBER SEVEN, MIKE CONCERNED ABOUT NUMBER SEVEN IS YOU'RE LIMITING YOURSELF TO DO ALL OF THESE INTERVIEWS, SCHEDULE ALL THOSE PEOPLE THAT ARE PART OF THE AIP TO GET WITHIN JUST THAT TITLE WINDOW. THAT'S THE CONCERN THERE IS THAT YOU'RE, YOU'RE GOING TO PUT YOURSELF IN SUCH A BIND TO GET ALL THOSE INTERVIEWS DONE AND THAT TITLE, TITLE WINDOW. SO TWO DIFFERENT, TWO DIFFERENT ISSUES. OKAY. WELL, IF, IF EVERYBODY WANTS TO DO WE WANT TO ADD REGULAR AND SPECIAL SCHEDULED MEETINGS? I DEFINITELY WOULD LOVE TO SEE THE SPECIALIST ROLE BECAUSE SOMETIMES WE DO MOVE OUR MEETINGS AROUND WE'VE, SINCE I'VE BEEN ON COUNCIL, I THINK WE'VE MOVED FOUR MEETINGS AROUND, I THINK MAYBE MORE, UH, THE ELECTION, UH, AROUND THE HOLIDAYS, UH, SPRING BREAK. SO WE'VE DEFINITELY MOVED MEETINGS AROUND, SO, AND CALL A SPECIAL MEETING TO JUST SIMPLY [05:35:01] FOR THE NOMINATION. YEAH, EXACTLY WHAT I'M TRYING TO AVOID. BUT I'M TALKING ABOUT THE OTHER ONES FOR YOU. ALL I'M SAYING IS, YOU KNOW, AGAIN, MAYBE IF WE GO BACK AND LOOK AND SEE HOW MANY TIMES THAT'S BEEN APPLIED, THAT THAT MIGHT BE RELEVANT TOO, BUT BEEN QUITE A FEW MEETINGS. SO YEAH, DEFINITELY. WE CALL THOSE MEETINGS. HAVE WE MADE A NOMINATION? NO, NOT NOW. WELL, I CAN'T SAY THAT FROM MEMORY. UH, I KNOW WE'VE OUR BOARDS COMMISSIONERS USUALLY STAY PRETTY FULL. UM, BUT UNFORTUNATELY LATELY THEY HAVEN'T BEEN THAT WAY. SO GOTTA MAKE SURE WE DON'T LIMIT OURSELVES. YEAH, I'M JUST SAYING WE HAVE A RECENT EXAMPLE JUST LAST MONTH. SAY WE HAD A NOMINEE THAT CAME FORWARD, UH, IN DECEMBER BECAUSE WE MOVED THAT REGULAR MEETING TO ANNOUNCE A SPECIAL MEETING ON THE 16TH. WE THEN STOPPED OURSELVES FROM, FROM, UH, TAKING UP THAT VOTE ON THAT NOMINATION UNTIL JANUARY 4TH, JUST BECAUSE OF THAT ONE CHANGE FROM MAKING OUR REGULAR MEETING ON THE WEEK OF CHRISTMAS TO NOW A SPECIAL MEETING. SO THEN YOU'RE JUST TAKING AWAY YOUR ABILITY TO DO CITY BUSINESS FROM THAT ONE MOVE I, AT THE END OF THE DAY, LIKE I SAID, IT'S NOT THAT, THAT, THAT WAS NOT AS BIG A DEAL AS THE, ALL THE OTHERS TIME. I'M JUST TRYING TO SEE WHAT IT IS NOW TO SEE, BUT I, WHAT I'M GONNA DO IS I'M JUST GONNA TAKE IT OUT. CAUSE IT'S, THAT'S, THAT'S NOT WORTH THE BATTLE. YOU KNOW, I, I'M NOT TRYING TO, UM, HINDER PEOPLE GETTING ELECTED BY ANY MEANS. I'M JUST TRYING TO MAKE IT CONSISTENT. SO I WILL PUT REGULAR ED SCHEDULE AND SPECIAL. THANK YOU, SCOTT. I GUESS MY QUESTION IS FOR YOU. UM, SO EARLIER SOMEBODY MADE MENTION THAT WE DIDN'T HAVE A QUORUM AND ONE OF OUR BOARDS, WHAT BOARD WAS IT? OH, WAS A YOUTH COUNCIL RENTALS, WHICH WE DID LAST WEEK. WE DIDN'T HAVE QUORUM FOR OUR PARKS BOARD ON MONDAY AND THEN OUR LIBRARY BOARD ON THURSDAY. BUT THE PARKS BOARD IS FULL. CORRECT. WHAT HAS SAW 7 0 7 MEMBERS. OKAY. SO COVID OKAY. I'LL JUST WORRY. CAUSE I WAS THINKING MAYBE DO WE NEED TO TAKE ACTION ON SOMETHING, BUT IF THAT WAS A FULL BOARD, THEN I DON'T THINK WE NEED TO, ONE OF THE THINGS I WILL ENCOURAGE COUNCIL IS LET'S NOT PROCRASTINATE ON THIS. LET'S CONTINUE TO WORK HARD ON IT. AND UH, I DUNNO IF WE CAN GET IT ALL EMAILED THE CHANGES TO US. UM, BUT IF I COULD GET Y'ALL TO WORK ON THAT TOGETHER, THE THREE, UH, COMMITTEE MEMBERS AND GET THOSE CHANGES BACK AND TO THE NEXT MEETING, I'D REALLY LOVE FOR US TO MOVE ON THIS PRETTY QUICKLY. I KNOW WE MIGHT STILL HAVE SOME MORE CHANGES, BUT THE FASTER WE'LL GET THIS PROCESS DONE, THE FASTER WE FILL OUR BOARDS AND COMMISSIONS, I THINK THAT'S IMPORTANT, ESPECIALLY BECAUSE AS A CITY WE'RE NOT SLOWING DOWN IN GROWTH, WE'RE STILL GOING TO GROW EVERY DAY. AND I WANT TO MAKE SURE THAT WE DON'T PUT UNDUE PRESSURE ON OUR BOARDS AND COMMISSIONS THAT PEOPLE THAT SERVE ON THEM. SO THE FASTER WE GET THIS DONE. AND, UM, I, I HATE TO SAY THAT, BUT WE ARE KIND OF IN A CRUNCH BECAUSE WE'VE GOT SOME BOARDS, IMPORTANT BOARDS THAT ARE NOT FILLED. AND I'M WORRIED ABOUT US SLOWING DOWN AS A CITY COUNCIL MEMBER ELLISON. I GOT TO SAY THIS. AND UH, BECAUSE THIS IS THE FACT OF THE MATTER AND COUNCIL MEMBER FLORES, KALE BROUGHT THIS UP. THE PREVIOUS POLICY HAS BEEN IN PLACE UP UNTIL JANUARY 4TH. THAT WAS THE TIME IT WAS FINALLY DONE WITH SOME OF THESE BOARDS AND COMMISSIONS HAVE BEEN OPEN SINCE SEPTEMBER. AND THERE WERE APPLICATIONS IN NOTHING PREVENTED ANYBODY FROM HOLDING INTERVIEWS AND FILLING THOSE BOARDS AND POSITIONS SINCE SEPTEMBER. I WANT TO BE CLEAR ON THAT. SO IT WAS NO ACTION ON JANUARY 4TH THAT STOPPED AT ANYTIME BETWEEN SEPTEMBER 14TH WHEN, UH, THE CHAIR RESIGNED FROM P AND Z. AND THEN WHEN MR. SHRUB MEYER TERMED OUT A P AND Z ON SEPTEMBER 30TH AT ANY TIME THAT COULD HAVE HAPPENED. I MEAN, YOU LOOK BACK INTO THE SPRING. WE HAD RESIGNATIONS ON MARCH 31ST, APRIL 6TH, WE HAD TWO NOMINATIONS ON OUR NEXT AGENDA. SO NOTHING PREVENTED IT FROM HAPPENING. SO I JUST WANT TO PUSH BACK AGAINST THAT NARRATIVE THAT, THAT, THAT, YOU KNOW, THIS PROCESS IS WHAT'S DELAYED THESE NOISE AND COMMISSIONS. THOSE COULD HAVE BEEN DONE ANYTIME AFTER SEPTEMBER 30TH, ALL THE WAY UP TO DECEMBER 16TH. WHEN WE VOTED TO CREATE A NEW POLICY, I WANT TO BE VERY CLEAR ABOUT THAT BECAUSE WAS DOING THIS. AND I THANK YOU FOR BRINGING THAT FORWARD, MENTIONING THAT, BUT IT'S NOT THE PROCESS, BUT UNFORTUNATELY WE DO. WE HAVE PUT A BURDEN ON OUR BOARDS AND COMMISSIONS THAT ARE NOT COMPLETELY FULL AND SEEDED. SO WHAT I'M ASKING IS THAT WE DO OUR DUE DILIGENCE ON THIS AND GET IT DONE IN A TIMELY MANNER. IT'S NOT DRAGGING OUR FEET ON IT. UM, MY OTHER ISSUE IS THERE'S TWO OTHER PEOPLE WHO AREN'T HERE AND THEY'RE GOING TO HAVE AN OPINION. AND SO THAT'S GOING TO SLOW THINGS DOWN TOO. SO LET IT BE KNOWN THAT WE, AS THREE PEOPLE WORKED REALLY HARD TO MAKE SURE WE GET THIS HERE. I'M TRYING TO MAKE THE CHANGES AS WE SIT HERE. AND THERE'S A GOOD CHANCE THAT NEXT [05:40:01] MEETING, WE'RE STILL NOT GOING TO HAVE THIS FINALIZE. YEAH, I UNDERSTAND THAT WE'RE GOING TO DO OUR BEST. SO, SO, UM, YOU KNOW, FIRST OF ALL, I JUST WANT TO THANK THE THREE, UH, COMMITTEE MEMBERS FOR YOUR HARD WORK. THANK YOU. I MEAN, I KNOW IT TAKES A LOT OF YOUR TIME AND IT'S, IT'S DEPRESSING BECAUSE YOU'RE TRYING TO GUESS AT WHAT THE REST OF THE COUNCIL WANTS, YOU KNOW, WHAT, WHAT DO YOU, WHAT DO YOU THINK REZA WOULD WANT? YOU KNOW, SOMETHING LIKE THAT. UH, BUT ANYWAY, I JUST WANT TO THANK YOU FOR YOUR TIME ON THIS MATTER AND THANK YOU FOR DOING YOUR DUE DILIGENCE AS WELL. SO WE REALLY APPRECIATE IT AGAIN. IT WAS JUST BRINGING TWO PROPOSALS, GETTING COUNCIL'S RECOMMENDATIONS, SEE WHAT WORKS DECKS, UH, COUNCILMAN NELSON. WE KNEW THAT YOU WERE GOING TO DISSECT IT THOROUGHLY, WHICH, WHICH WE NEEDED. SO THAT WAY WE CAN GET THIS RIGHT. AND WE'LL BRING IT BACK NEXT COUNCIL MEETING AND WE'LL GET IT FINALIZED. WE'LL GET IT DONE RIGHT NOW. YOU HAVE THE FLOOR. ALL RIGHT. ANYONE ELSE? ANY MORE DISCUSSION? ALL RIGHT, MOVING ON. [31.  A Resolution of the City of Kyle, Texas, Establishing Rules and Guidelines for the Creation, Duties, and Dissolution of City Council Appointed Task Forces and Providing for General Powers and Duties, Providing for Qualifications for Appointment, Providing for the Appointment of Officers, and Providing for Other Related Matters. ~ Dex Ellison, Council Member] AGENDA ITEM, NUMBER 31. IT RESOLUTION OF THE CITY OF KYLE, TEXAS ESTABLISHING RULES AND GUIDELINES FOR THE CREATION DUTIES AND DISILLUSION OF CITY COUNCIL APPOINTMENTS, TASK FORCES, AND PROVIDING FOR GENERAL POWERS AND DUTIES, PROVIDING FOR QUALIFICATIONS, FOR APPOINTMENTS, PROVIDING FOR THE APPOINTMENTS OF THE OFFICES AND PROVIDING FOR OTHER RELATED MATTERS. COUNSEL RELEVANT IS YOUR ITEM. YOU HAVE THE FLOOR. OKAY. SO, UM, THIS IS SOMETHING WE, WE DISCUSSED, UM, BACK ON THE 16TH ON THE JANUARY 4TH MEETING, WE HAD OUR OPPORTUNITIES TO MEET WITH LEGAL, TO GET OUR QUESTIONS ANSWERED, UH, FOR THAT. AND NOW WE'RE BRINGING IT FORWARD IN THE PUBLIC MEETING HERE. I'M SURE ALL OF YOU ALL HAD AN OPPORTUNITY TO READ THROUGH IT. SO I'M NOT GOING TO GO THROUGH THAT PART OF IT. UH, THE BIGGEST THING HERE I WANTED TO HIGHLIGHT THOUGH, IS JUST ALL THE DIFFERENT THINGS THAT I'VE HEARD FROM OUR DISCUSSIONS AND CONCERNS ABOUT TASKFORCE THAT, UH, THOSE ITEMS ARE ATTEMPTED TO BE ADDRESSED IN HERE. UH, WHETHER IT'S DETERMINING THE SCOPE, UH, THE PARAMETERS, THE DELIVERABLES, UH, STATUS REPORTS TO COUNCIL WAS A BIG ONE. UH, THAT'S ESTABLISHING A TIMING OF ANY PERIODIC STATUS REPORTS TO BE PROVIDED BY THE COUNCIL BY THE TASK FORCE. I KNOW THAT WAS A BIG HEARTACHE, UH, WITH PREVIOUS TASKFORCE THAT PEOPLE FELT LIKE THERE WASN'T MUCH, UH, TOUCHING A BASE, COMING BACK TO THE COUNCIL TO LET THEM KNOW ABOUT WHAT WORK HAS BEEN DONE, YOU KNOW, MAYBE SEVERAL MONTHS HAD PASSED. SO THIS ALLOWS THE COUNCIL TO CREATE A, UH, WHETHER THEY SAY, YOU KNOW, WE WANT A STATUS REPORT EVERY MONTH, YOU KNOW, WHAT HAVE YOU ON THAT DISILLUSION DATE? UH, WE'VE TALKED ABOUT THAT. WHO CAN BE ON A TASK FORCE? UM, I WANT TO, UH, JERRY DID A REALLY GREAT JOB OF THIS AND I DON'T WANT TO STEAL HIS THUNDER ON IT, UH, BUT IDENTIFYING THE DIFFERENCE BETWEEN A TASK FORCE AND A COMMITTEE. AND WHEN THAT, THAT, UH, IS THE PROPER TIME TO DO THAT. UM, AND I CAN MAKE AN ATTEMPT AT TRYING TO DEFINE THAT JERRY, AND IF YOU WANT TO CORRECT ME, OR IF YOU WANT TO JUST GO AHEAD AND, UH, STATE HOW YOU, CAUSE YOU DID IT SUCH A GOOD JOB WHEN YOU, ME AND PAGE WHERE WE'RE MEETING. OKAY. YEAH. YEAH. I HEAR UM, THE MIKE'S RUN OUT OF THUNDER TO WE'VE WORN OUT THE MIX. MIKE AND PAIGE HELPED WITH THIS TOO, FOR THE RECORD, TERRY HENDRICKS, ASSISTANT CITY MANAGER, TASK FORCES OR WORK GROUPS, TYPICALLY COMPRISING OF EXPERTS IN SPECIFIED FIELDS, UH, AREAS OF KNOWLEDGE OR PRACTICE COMMITTEES ARE DEFINED AS ORGANIZATIONAL BOTTOM ORGANIZATION WITH BYLAWS, CHARTERS. OTHER FORMAL DOCUMENTS, TASK FORCES ARE CREATED ON AN AS NEEDED BASIS AND COMMITTEES ARE TYPICALLY ONGOING SPECIFIC SCOPE. SO MY HOPE IS WITH, WITH THIS, UH, RESOLUTION, UM, KINDA ADDRESSED EACH AND EVERY, UH, CONCERN THAT THE COUNCIL MEMBERS HAVE HAD, THIS IS ALL DERIVED FROM LISTENING TO YOU ALL AND HEARING WHAT YOUR CONCERNS WERE, YOUR CHALLENGES. UM, CAUSE I THINK WE DO, OBVIOUSLY WHAT THIS POLICY IS SHOWING AN EXAMPLE OF HOW IMPORTANT IT IS TO KIND OF HAVE SOME OF US WORK ON SOMETHING. CAUSE WE'RE TRYING TO MOVE THIS ALONG. WE ALL UNDERSTAND THE URGENCY OF WHERE THIS IS, UH, WHAT THAT [05:45:01] POLICY THAT'S THE SAME THING WITH THE, THE TASK FORCE IS TO GET A VERY DEFINED SCOPE AND SPECIFIC TASKS THAT THEY'RE WORKING ON. AND IT'S JUST THAT, AND THEN THERE IS A DEFINED CONCLUSION DATE. THERE'S DEFINED PARAMETERS ON WHAT THEY'RE DOING. THERE'S DEFINED TIMES ON WHICH THEY NEED TO COME BACK TO THE COUNCIL. ALL OF THIS STUFF IS ADDRESSED, UH, HOPEFULLY IN THIS RESOLUTION AND CERTAINLY OPEN TO ANY FEEDBACK, ANY FEEDBACK. THANK YOU. UM, MY QUESTION WOULD BE BECAUSE I THINK EVERYTHING THAT YOU GUYS, UM, BRING UP IN HERE IS RELEVANT, BUT MY QUESTION WOULD BE, IS THERE LIKE A FORM TO FILL OUT? LIKE HOW WOULD WE KNOW LIKE WHAT THE STATEMENT IS? HOW WOULD WE KNOW? UM, LIKE WHEN THE STATUS REPORTS ARE GOING TO BE DUE TO COUNSEL, THESE ARE GREAT, BUT HOW DO WE APPLY THESE TO THE MEETING AND INFORMING EVERYBODY ELSE ON COUNCIL? HOW THESE ARE GOING TO WORK WITH THIS INFORMATION IS WITH THE MOTION. OKAY. SO THE MOTION IS GOING TO HAVE ALL FIVE OF THESE IN IT. OKAY. OKAY. I LOVE IT. AND THE COUNSELOR, SO EVERY TIME A TASK FORCE HAS CREATED THOSE BULLET POINTS SHOULD BE ADDRESSED IN THAT, IN THAT CREATION AND THAT TASK FORCE. PERFECT. HELLO? I THINK IT'S GREAT. THAT'S VERY TOBY. ACTUALLY. I DON'T HAVE A QUESTION. I THINK THIS IS A GREAT JOB. I KNOW THIS IS SOMETHING WHEN IT CAME TO TASKFORCE, WE WERE, WE HAD QUESTIONS ON, ON THE SCOPE AND WHO'S APPOINTED WHO GETS TO GO TO MEETINGS WHO GETS TRAVEL CODE OF ETHICS. I DON'T HAVE A PROBLEM WITH IT THE WAY IT'S WRITTEN. SO, UH, IF ANYTHING, MAYOR, PROTIUM, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO GO AHEAD AND APPROVE THE RESOLUTION AS WRITTEN. WE'VE GOT A MOTION. COUNCILMEMBER, TOBY US HAS MADE A MOTION TO APPROVE AGENDA ITEM NUMBER, UH, 31 MORE. AND THE SECOND BY COUNCIL MARELLA SIN, UH, YOU NEED DISCUSSION. SO YEAH, I WAS GOING TO SAY, W W MY DISCUSSION MIGHT TAKE A WHILE, SO LET'S GO AND TALK ABOUT IT. SO ONE OF THE THINGS I WANT TO REMIND EVERYONE IS HOW IMPORTANT THE TASK FORCE WERE. AND EARLY ON, WHEN WE STARTED THE PUBLIC SAFETY CENTER, UH, THE TASK FORCE TOOK ON THE, UH, MISSION OF BRINGING COUNCIL'S VISION TO THE PUBLIC SAFETY CENTER. AND I THINK WE DID A REALLY, REALLY GOOD JOB OF DOING THAT THE TASK FORCE DID. AND, UH, IT, IT, IT REALLY BROUGHT THAT PUBLIC SAFETY CENTER IN A TIMELY MANNER. AND I THINK WE, UH, AS HE DID GREAT AS A COUNCIL AS WELL, THE TASK FORCE DID HIS DUE DILIGENCE AND THEY BROUGHT FORWARD A GREAT PRODUCT, SAME THING WITH LAVA, THE TASKFORCE MEMBERS THAT WERE ON THAT, UH, DID THEIR DUE DILIGENCE AND DID A GREAT JOB. HERE'S MORAL PARK, ANOTHER GREAT EXAMPLE, THE PARK DOWNTOWN, THE MARRIED KYLE HEARTS AND BARK AS WELL, TASKFORCE WERE WHERE UNFORTUNATELY, DURING THE PROCESS, WE STARTED CREATING TOO MANY TASKFORCE. WE GOT A LITTLE TOO AT TASKFORCE HAPPY AND, UM, THIEN IS POLICY AND SEEING WHAT THE PARAMETERS ARE. I'M. I FEEL REALLY CONFIDENT THAT I THINK THIS IS THE DIRECTION WE SHOULD BE GOING IN. I WAS ONE PERSON THAT DIDN'T WANT TO SEE THE, UM, TASKFORCE, UH, DISSOLVED CALCIUM ELLISON AS WELL. AND I'M GLAD THAT WE'RE BRINGING SOME BOARD THAT WE CAN MOVE FORWARD TO THE CITY. WE WEREN'T COMING UP WITH SOME OF THE ROAD PROJECTS AND THE, UH, PARKS TRAILS SYSTEM AS WELL. I THINK THESE TASKFORCE ARE GOING TO BE IMPORTANT WHEN WE ADDRESS THESE ISSUES AND WE'RE MOVING FORWARD INTO, IN DEVELOPMENT OF THESE, UH, PROJECTS. SO I THINK THIS IS GOING TO BE A GREAT POLICY TO FOLLOW. I THINK IT'S GOING TO MOVE US FORWARD WITH OUR TASK FORCE, AND I'M GLAD THAT YOU BROUGHT IT FORWARD COUNCIL REAL ESTATE, AND I APPLAUD YOU FOR THIS JERRY HENDRICKSON, EVERYONE THAT WORKED ON THIS. THANK YOU ALL. CAUSE I I'M GLAD TO SEE TASKFORCE COMING BACK. JUST A REMINDER TO COUNCIL THAT, UH, DAZ WARS ISN'T MADE FOR EVERY LITTLE MISSION IT'S FOR THOSE BIG PROJECTS THAT WE NEED TO GET FORWARD, MOVING FORWARD IN A TIMELY MANNER. AND WITH THAT BEING SAID, WE'VE GOT A MOTION AND WE'VE GOT A SECOND. ALL THOSE IN FAVOR. AYE. ALL THOSE OPPOSED MOTION PASSES FIVE TO ZERO. I THINK WE'RE GOING TO PASS ON BOTH. SO WOULD THAT BEING SAID, I WANT TO RETAIN A MOTION FOR A MEETING BEING ADJOURN. SECOND, SECOND BY COUNCIL RELISTEN. UH, WE ARE NOW ADJOURNED. I THINK THERE'LL BE A, SORRY TO GET LATE. SORRY MICHAEL. THANK YOU. SAY STAFF. APPRECIATE IT. YES. * 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.