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ALL RIGHT.

GOOD

[00:00:01]

EVENING, EVERYONE.

THE TIME IS 7:06 PM.

IT IS TUESDAY, MARCH THE 22ND.

AND I'M GOING TO CALL THIS REGULARLY SCHEDULED CITY COUNCIL MEETING TO ORDER WOULD ALL.

PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS.

ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE THROUGHOUT WITH THE CITY SECRETARY, PLEASE CALL THE ROLL.

MITCHELL RIZZO ELLISON.

LAURA'S KALE HERE.

BRADSHAW HERE, PARSLEY HERE.

TOBY IS PRESENT.

ALL RIGHT, ALL MEMBERS PRESENT.

WE HAVE A QUORUM NEXT UP APPROVAL OF THE MINUTES AND MAYOR LEGACY TO GO

[II. Approval of Minutes]

AHEAD AND MAKE AN APPROVED, UH, MAKE A MOTION TO APPROVE THE MINUTES FOR CITY COUNCIL MEETING FEBRUARY 28TH SPECIAL MEETING FOR MARCH THE FIRST REGULAR MEETING MARCH 1ST SPECIAL MEETING MARCH 9TH AND SPECIAL MEETING FOR MARCH THE 10TH.

IT'S MOVED BY COUNCIL MEMBER TOBY A SECOND ABOUT MAYOR PRO TEM RESILIA WE APPROVED THE MINUTES.

IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

[III. Citizen Comment Period with City Council]

NEXT UP CITIZEN COMMENTS PERIOD.

AT THIS TIME WE ASK ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK 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.

BUT WE ALSO ASK THAT YOU FILL OUT A CITIZEN COMMENTS FORM AND SUBMIT THAT TO EITHER MYSELF OR THE CITY SECRETARY I FORT REGISTERED TO SPEAK.

I'VE REVIEWED THEM.

I'M PRETTY SURE THEY'RE ALL REAL.

UH, FIRST UP MARIO PEREZ.

UH, GOOD EVENING MAYOR COUNCIL.

MY NAME IS MARTY PEREZ FOR THE RECORD.

I'M A CAL RESIDENT AND A WANTING TO ADDRESS AND, UH, AGENDA ITEM THAT WAS PRESENTED AT THE LAST COUNCIL MEETING, UH, REGARDING THE, UH, PRAIRIE BUILDING CONSTRUCTION.

UH, IT'S A NEAT CONCEPT, BUT THERE'S SOME PROS AND CONS TO THAT.

I'M GOING TO GO OVER SOME OF THE PROS AND I'M GOING TO GO OVER SOME OF THE CONS PROS, UH, DEVELOPERS WANTING TO SELL LOTS TO HOME BUILDERS.

AS SOON AS THE FINAL PLAT IS APPROVED AND RECORDED, THEY'RE ANXIOUS TO SELL LOTS TO THE BUILDER.

THE BUILDER IS EAGER TO START BUILDING HOMES, INCLUDING MODEL HOMES, SPEC HOMES.

IF YOU GIVE HIM 18 PERMITS, HE'S GOING TO BUILD 18 HOMES BECAUSE OF TODAY'S MARKET.

HE'S GOING TO SELL THOSE HOMES WITHIN WEEKS, BEFORE OR WEEKS WITH WITHIN WHEN HE STARTED CONSTRUCTION.

AND THEN LASTLY, THE CITY, THE CITY WANTS RESIDENTS TO MOVE IN AND START PAYING PROPERTY TAXES.

WATER WAS WATER FEES.

IT'S A WIN-WIN SITUATION FOR EVERYBODY.

THERE'S NOTHING WRONG WITH THAT IS WHEN YOU START TAKING SHORTCUTS.

AND NOW I'M GOING TO GO OVER THERE.

REAL THE CONS, THAT WHAT, WHAT OCCURS IN THEIR REAL WORLD THERE'S LIMITED ACCESS TO CONSTRUCTION SITES.

THE DEVELOPER WILL OBVIOUSLY VERY CATE THE STREETS OR THE ROADS THAT ARE UNDER CONSTRUCTION, MORE THAN LIKELY CONCRETE TRUCKS.

THE TRADES WILL GO AROUND THOSE BARRICADES AND START UTILIZING THOSE ROADS THAT ARE UNDER CONSTRUCTION ROAD BASE AND MUD DON'T MIX.

AND THESE, THE DEVELOPER WILL END UP DOING IT TEMPORARY ROAD.

THE PROBLEM WITH THE TEMPORARY ROADS, IT MUST HAVE WITHSTAND AT LEAST 75,000 POUNDS.

IF A FIRE APPARATUS OR A FIRE ENGINE OR EMS HAS TO REACH THAT CONSTRUCTION SITE AND CONCRETE TRUCKS VISITING THE CONSTRUCTION SITE, THESE TRUCKS THAT ARE TRULY LOADED WITH CONCRETE WEIGH, ANYWHERE BETWEEN 50 AND 60,000 POUNDS.

THEY'RE NOT GOING TO USE A TEMPORARY ROAD.

IF IT'S A MUDDY, THEY'RE GOING TO USE A HARD SURFACE, WHICH IS THE ROUTE IT'S UNDER CONSTRUCTION.

NOT ONLY THAT, BUT WATER WASTEWATER DRAINAGE INFRASTRUCTURE HAS TO BE COMPLETED PRIOR TO THE HOME CONSTRUCTION.

FIRE PROTECTION IS VERY IMPORTANT.

FIRE HYDRANTS NEED TO BE ACTIVE IN CASE THERE'S A FIRE MANHOLES HAVE TO BE COMPLETED SEAL AND READY TO GO.

IF THERE'S A LIVE STATION INVOLVED THAT LIVE STATION MUST BE UP AND RUNNING BEFORE THE FOES.

FIRST HOME IS CONNECTED TO THE SERVER LINE.

THE LAST THING WE WANT IS A LIFT STATION THAT SAYS, THEY'RE WAITING FOR PARTS ARE NOT OPERATING.

AND ALL THE SEWAGE IS GOING THROUGH THIS LIFT STATION.

THAT'S NOT OPERABLE.

SO IF YOU DON'T BELIEVE THAT THIS CAN HAPPEN, IT HAS HAPPENED.

DRIVE OUT THERE TO GO OUT THERE TO AMAZING WHITE DRIVE.

AND IT'S GOING TO BE A BUMPY

[00:05:01]

ROUTE.

THE REASON WE JUST COULDN'T GET OFF OR KIT GET CONSTRUCTION TRUCKS FROM UTILIZING THAT ROAD.

AND THAT'S WHY IT'S A BUMPY ROAD.

SO I DISCOURAGE Y'ALL WHEN YOU HAVE A DEVELOPER COME BEFORE Y'ALL REQUESTING FOR THESE VERY CONSTRUCTION.

THANK YOU.

THANK YOU.

ALL RIGHT.

NEXT UP.

K RUSH.

MY NAME IS KAY RUSH.

I'M FROM THE AMBERWOOD NEIGHBORHOOD.

I'M HERE TONIGHT TO TALK ABOUT MONARCH, JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND.

I SIGNED CLOSING DOCUMENTS 15 YEARS AGO.

I HAD TECAN WATER.

BY THE TIME I MOVED IN, I HAD MONARCH WATER AND AMBERWOOD WAS ONE OF THE FIRST DEVELOPMENTS ON THE NORTH SIDE, ON THE EAST EASTERN OF TOWN.

WE ARE IN THE CITY LIMITS AND I'VE ALWAYS BEEN IN THE CITY LIMITS.

THE CITY OF KYLE WAS GIVEN THE FIRST PURCHASE RIGHTS TO TAKE ON WATER AND THEY REFUSED IT EVEN THOUGH THE CITY COUNCIL AND THE MAYOR AT THE TIME KNEW KYLE WAS GOING TO GROW AND THEY DIDN'T HAVE ENOUGH WATER TO SERVICE.

ALL THE AREAS THAT WE'RE IN KYLE WATER IS OUR MOST BASIC THING NEEDED FOR LIFE.

WITHOUT IT THERE'S NOTHING.

LIVING MONARCH IS A FOR-PROFIT WATER COMPANY WHO HAVE A GOAL OF RAISING WATER RATES.

100%.

IN 10 YEARS, THEY ACHIEVED THEIR GOAL.

IN OUR FIRST YEARS, THE WATER WAS BROWN.

THE WATER PRESSURE WAS NOT CONSISTENT.

WE HAD TO HIRE LEGAL, HELP AND TCEQ TO GET OUR WATER QUALITY UP TO CURRENT REGULATIONS.

THIS CONTRACT STATES THAT RATES WILL BE BASED ON CPI.

SOUTH REGION.

THE RATES ARE NOT TO EXCEED 3% A YEAR.

NOW 3% DOESN'T SOUND LIKE MUCH, BUT 3% AT THE END OF THE CONTRACT WILL NET MONARCH 5.6% THIS YEAR WITH INFLATION, WHERE IT IS AND WHAT IS PROJECTED FOR THE NEXT FEW YEARS, MONARCH WILL COME FORWARD EVERY SINGLE TIME FOR THEIR FULL 3%.

MONARCH HAS TRUNK LINES IN THEIR SERVICE TERRITORIES.

THEY NOW HAVE AS THE LANDFILLS WITH HOMES, APARTMENTS, AND BUSINESSES, THEY'RE GOING TO HAVE CONTRACTS WITH THE DEVELOPERS.

THEY WILL NOT PAY ALL THE HOOKUP COSTS.

THAT'LL BE PART PARCEL BETWEEN THE TWO ENTITIES.

WHAT MONARCH WILL GAIN IS NEW REVENUE, WHICH IS WHAT MONARCH WANTS.

MONARCH IS INTERESTED IN REVENUE.

THAT IS IT.

MONARCH IS NOT A UTILITY IN THE SENSE THAT YOU THINK OF AS SOMEBODY WHO WANTS TO PROVIDE A SERVICE AT THE LOWEST POSSIBLE PRICE, MONARCH IS IN THE WATER BUSINESS BECAUSE THEY CAN MAKE MONEY CITY COUNCIL AND MAYOR.

I ASK YOU TONIGHT TO NEGOTIATE A RATE AND NOT TO EXCEED 1.5 PER YEAR.

THE PEOPLE DESERVE TO BE GIVEN A FAIR PRICE FOR WATER.

CURRENTLY 10,000 GALLONS FROM MONARCH WILL COST YOU $90 AND 28 CENTS THE FEE FOR THE FLAT RATE FOR AMBERWOOD ALONG WITH THE TAXES AND FEES WILL BE $64 AND 51 CENTS.

CAN I KEEP GOING JUST A LITTLE BIT LONGER, UH, FAMILIES.

OKAY.

$154 AND 79 CENTS A MONTH.

AT THE END OF THE CONTRACT, MONARCH GET $104 AND 19 CENTS AND THE FAMILY WILL PAY $168 AND 70 CENTS.

THE COST IS TOO HIGH.

THIS CONTRACT BENEFITS ONLY MONARCH.

I ASKED YOU TO LOOK AT ITEMS 2 6, 7, 8, 11, AND 12.

OKAY.

THANK YOU VERY MUCH.

THANK YOU.

NEXT UP, DIANA WOODS, IF YOU COULD STEP TO THE PODIUM, PLEASE.

NOT IN PUBLIC COMMENTS.

I'M SPEAKING ON ITEM NUMBER 36 AND 37.

OKAY.

THOSE ITEMS STILL HAVE A PUBLIC HEARING.

WOULD YOU LIKE TO SPEAK ON THEM NOW? SURE.

MY NAME IS DIANE WOODS.

I LIVE AT 1 25 TORY DRIVE, BUDA, TEXAS.

[00:10:01]

UM, I'M SPEAKING ON ITEMS 36 AND 37.

THE, UM, UH, FIRST OF ALL, I WANTED TO THANK THE CITY OF KYLE FOR, UH, BEGINNING TO, UM, THAT ITEM INVOLVES ANNEXATION OF PARTICULAR PROPERTIES AND DEVELOPMENTS.

UM, WANT TO THANK YOU FOR TAKING RESPONSIBILITY AND BEING ABLE TO, UH, LOOK AT THESE PROPERTIES AS THE CITY I ENCOURAGE YOU TO.

AND I'M HOPING THAT WITH THESE, THIS PARTICULAR DEVELOPER AND ON THESE TWO TRACKS OF LAND, THAT THE CITY WILL APPLY ITS ZONING ORDINANCES AND, UM, IT'S, UH, UM, RESPONSIBILITY TO CONTROL WATER RUNOFF.

THE NETWORK OF DEVELOPMENTS THAT YOU HAVE IN THIS AREA IS IMMEDIATELY ADJACENT TO MY PROPERTY AND THERE ARE FUTURE PROPERTIES COMING.

AND, UH, I, UH, ENCOURAGE YOU TO TAKE RESPONSIBILITY FOR THE NETWORK AND IMPACT OF THE DEVELOPMENT THAT ARE HAVING ON THE NEIGHBORHOODS AND THAT WILL HAVE ON THE FAMILIES.

WHO'VE MOVED THERE AT THE PRESENT TIME.

THE PARTICULAR DEVELOPER, UH, IN ITEM 36 HAS, UH, DETONATED EXPLOSIVES ON MORE THAN THREE OR FOUR OCCASIONS.

AND, UH, WITHOUT NOTICE TO SURROUNDING PROPERTY OWNERS OR TO, UM, GIVEN PRIOR NOTICE AND, AND OF UNKNOWN PERMIT STATUS, I ENCOURAGE YOU TO EXERCISE YOUR AUTHORITY.

AND I APPRECIATE THAT YOU ARE TAKING FOR THE, UH, THE LANDS THAT ARE GOING IN.

UM, THIS NETWORK OF PROPERTY IS IN A VERY SENSITIVE FLOOD, PLAIN, UH, IN THE FLOOD OF, OF 2015.

UM, THE ENTIRE AREA FLOODED AND, UH, MUCH OF THE, UH, EXISTING PROPERTY OWNERS WHERE I LIVE IN COUNTRY RIDGE SUBDIVISION WERE, UH, VERY, VERY NEAR AT RISK OF FLOODING.

AND YOUR, UH, RESPONSIBILITIES IN THIS AREA DO NEED TO BE TAKEN VERY SERIOUSLY.

UM, THE, UH, UM, THE FUTURE TRAIL SYSTEM THAT YOU HAVE PLANNED IN YOUR, UH, UH, TRAIL SYSTEMS ALSO WILL BE AFFECTED BY POTENTIAL FLOODING.

AND, UH, THE IRONIC PART OF IT IS THAT CHANGE CHANGE HAPPENS.

BUT, UM, FOR WHERE THE, YOUR HIKE AND BIKE TRAIL IS, IS GOING TO BE GOING IN THIS GENERAL REGIONAL AREA AT THIS POINT, THE, UH, EXPLOSIVES AND, UH, THE, UH, UH, THE DIGGING THAT'S GOING ON PRIOR TO DAWN THROUGH THE EVENING HOURS WITH HIGHWAY GRADE LIGHTS.

UH, AND I APOLOGIZE FOR RUNNING OVER, UM, MONDAY THROUGH SATURDAY, AND SOMETIMES SUNDAY IS DRIVING INDIGENOUS WILDLIFE TO DIFFERENT AREAS, AND IT'S A SENSITIVE AREA.

IT'S A BEAUTIFUL AREA.

UM, I, UM, I PRAY THAT YOUR, YOU TAKE THE RESPONSIBILITY SERIOUSLY.

SO WE HAVE LIVE AT THE SAME PLACE.

LET ME GET MY NOTES UP.

SO I'VE LIVED IN A, IN CORPORATE UNINCORPORATED AREA ON THE END OF TORY DRIVE FOR ABOUT 20 YEARS WHEN WE GOT MARRIED BEFORE THAT, I WORKED AT, I WORKED ON THE OTHER SIDE OF 35 AND ACTUALLY RAN CIMARRON PARK WATER COMPANY.

SO I UNDERSTAND THAT THE NATURE OF FISCAL SERVICES AND THE SERVICES IMPLICATIONS OF THAT 36 AND 37, BOTH ITEMS, UH, ARE ABOUT MIXED ZONING, RESIDENTIAL, COMMERCIAL MULTIFAMILY, AND THAT IMPLIES THEN THAT THERE'S A MIX OF PHYSICAL SYSTEMS THAT HAVE TO BE SUPPLIED TO THOSE ZONING AREAS, UM, INCLUDING, YOU KNOW, CHANGES IN TRUST, TRANSPORTATION AND TRAFFIC PATTERNS WITH 2001 REROUTED.

UM, IT'S ALREADY PRETTY CHAOTIC IN ALL OF THOSE NEIGHBORHOODS, NOT JUST OUR QUIET LITTLE STREET.

UM, THE CHAOS IS INCREASING GIVEN THE TRAFFIC PATTERN CHANGES AND THE, THE LARGE NUMBER OF MULTI AND SINGLE FAMILY UNITS THAT ARE GOING UP ALL AROUND AREA AND BOTH 36 AND 37, THERE'S A MIX OF COMMERCIAL AND DIFFERENT KINDS OF DEVELOPMENT THAT MAKES THE CHAOS

[00:15:01]

EVEN MORE, UM, VISIBLE WHEN YOU START TO SEE DIFFERENT KINDS OF DEVELOPMENT GOING ON.

UM, SO, UH, THE PROBLEM FOR US IS THAT THAT CHAOS IS GOING TO AFFECT OUR PROPERTY VALUE IN OUR PROPERTY PRICES, DEPENDING ON HOW THINGS ARE LAID OUT AND DEPENDING ON HOW DEVELOPMENT OCCURS.

SO MY WIFE MENTIONED THAT THERE IS A FLOODPLAIN IN THAT AREA.

THERE IS A FLOOD PLAIN IN THAT AREA, THE FLOOD, THE FEMA FLOOD, PLAIN MAPS WERE LAST UPDATED AT ABOUT 2000 OR SO SINCE THEN, THERE'VE BEEN ABOUT A THOUSAND HOUSES BUILT DUE NORTH FOR THE ANDREWS BLAND BRANCH SPLIT.

AND IF YOU CAN SORT OF VISUALIZE A STREET GOING OUT INTO THE MIDDLE OF THE FIELD, ANDREW'S BRANCH WRAPS AROUND IT, THE EASTERN BRANCH GOES FURTHER UP, BUT IS MORE EFFECTED BY THE DEVELOPMENT.

THE WESTERN BRANCH IS WHERE THE RV PARK THAT HAS BEEN APPROVED NOW HAS STRIPPED AWAY ALL OF THE PERMEABLE COVER.

SO THERE'S NO GRASS, THERE'S NO TREES.

IT'S NICE, I GUESS, BUT RIGHT NOW, WHENEVER IT RAINS WATER JUST RUNS INTO ANDREW'S BRANCH.

AND, AND EVEN IN THE LAST SMALLEST, RANDOM MINT THAT WE JUST HAD, THERE WAS SOME MINOR FLOODING IN THE RV PARK THAT WAS THAT'S CURRENTLY UNDER DEVELOPMENT THERE.

SO THE PROBLEM IS YOU'RE GOING TO BE MAKING A DECISION ABOUT THE DEVELOPMENT BASED ON FEMA MAPS THAT ARE NOT UP TO DATE THAT DON'T RECONCILE WITH CURRENT DEVELOPMENT, MUCH LESS THE ADDITIONAL DEVELOPMENT REPRESENTED BY 36 AND 37.

SO AS YOU'RE CONSIDERING THIS, UM, LOOK AT THE LARGER PICTURE.

ALL RIGHT, THANK YOU.

MA'AM, THAT'S ALL THE, UH, CITIZEN COMMENTS FORUMS I HAVE.

IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK ON ANYTHING? MR. MAYOR, UH, COUNCIL WOMEN COUNCILMEN, THANK YOU FOR THIS OPPORTUNITY TO SPEAK.

AND WE'LL WELCOME PASS MASTER OF LIVE OAK LODGE 3 0 4, JUST RIGHT ACROSS THE STREET.

I'D LIKE TO TAKE A MINUTE AND TALK ABOUT, UH, MASONRY'S DEEP ROOTS WITHIN THE CITY OF CAL KYLE.

UH, THE MASONRY HAS BEEN A PART OF KYLE SINCE AT ITS BEGINNINGS.

UH, IN FACT, THE FIRST SCHOOL WAS ON THE, THE FIRST FLOOR OF THE MASONIC LODGE.

MANY OF OUR MEMBERS AND SUPPORTERS HAVE BEEN DEEP TO THE CITY OF KYLE AMONG THEM BROTHER PARKS, WHO IS THE MASTER OVER AT THE TRAIN STATION.

WE'VE GOT BROTHER MO JOHNSON, WHO WAS THE FIRST SUPERINTENDENT OF HAYES CONSOLIDATED.

UM, OUR BELOVED PETE CRUDE, WHO IS NO LONGER WITH US NOT TO MENTION, UH, THE, THE WOMEN WHO ARE ASSOCIATED WITH MASONRY THAT HAVE BEEN A PART OF THE CITY OF KYLE AND AMONG THEM ARE AMAZING PENNY CREW, WHO IS STILL WITH US AND STILL WORKING HARD FOR THE CITY AND SUSIE FARRELL, WHO WE WILL ALL MISS.

I'D LIKE TO TAKE THIS MOMENT TO THANK THE, UH, KYLE VFW FOR OUR DEEP CONNECTION WITH THEM.

THEY SUPPORT US AND WE SUPPORT THEM.

WE WORK HAND IN HAND TO SUPPORT OUR VETERANS AND THEY HELP US IN ALL OF OUR PROGRAMS. CURRENTLY, WE HAVE DELIVERED A TOOTHBRUSH KITS TO ALL OF THE FIRST GRADERS WITHIN THE CITY OF KYLE.

UH, WE SUPPORT OUR GRADUATING SENIORS BY OFFERING THREE SCHOLARSHIPS AND OUR BENCH PROGRAM HAS MADE AN IMPRESSION.

AND KYLE, WE'VE GOT, UH, CURRENTLY 10 BENCHES THAT WE HAVE DONATED TO THE CITY OF KYLE.

AND WE'RE LOOKING FORWARD TO DONATING 10 TO 14 MORE, UH, FOR THE HERO'S MEMORIAL AND, UH, THE, UM, POLICE STATION THAT IS GOING IN.

SO I WANT TO THANK YOU FOR YOUR TIME.

AND, UM, I'M SORRY, AMONG OUR MEMBERS THAT ARE ALSO VFW MEMBERS ARE OUR BROTHER, UH, STEVE COOK, WHO IS THE DISTRICT COMMANDER OF THE VFW AND THE POST COMMANDER, WHICH IS, UM, BROTHER BENNY COURTNEY.

SO THANK YOU FOR YOUR TIME.

THANK YOU.

IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT, SEEING NONE, I'M GOING TO CLOSE CITIZEN COMMENTS.

IT IS NOW CLOSED NEXT

[6. Proclamation Recognizing the One Year Anniversary of the Council for the Indigenous and Tejano Community. ~ Robert Rizo, Mayor Pro Tem]

UP AGENDA ITEM NUMBER SIX, PRES UM,

[00:20:05]

UH, A PROCLAMATION RECOGNIZING THE ONE-YEAR ANNIVERSARY OF THE COUNCIL FOR THE INDIGENOUS AND TEJANO COMMUNITY, UH, TO RECOGNIZE THE AWARD OF AN UNDERTOLD, UH, MARKER FOR VICARIOUS RANCH, HANDS AND STOCK RAZORS MAYOR PRO TEM.

THANK YOU, MAYOR CITY OF KYLE CITY COUNCIL PROCLAMATION, WHEREAS ON JANUARY 2ND, 2021, OR RESPONSE TO COMMUNITY DESIRE TO ADDRESS THE MULTITUDE OF UNTOLD AND UNDERTONE INDIGENOUS OF DONALD STORIES, HAYES COUNTY, JUDGE RUBIN BUSTLE RECREATED THE COUNCIL FOR DIGITAS AND THE HANO COMMUNITIES.

THE CITC, THE MISSION OF THE CITC IS TO PRESERVE THE HISTORY, TRADITIONS, AND RICH CULTURE OF THE INDIGENOUS AND THE HUDDLE COMMUNITIES OF HAYES COUNTY THROUGH HISTORICAL MARKERS, ORAL HISTORIES, ART AND CULTURE, WHILE WORKING CLOSELY WITH THE INDIGENOUS CULTURE INSTITUTE.

WHEREAS ON FEBRUARY 3RD, 2022, THE TEXAS STORICO COMMISSION AWARDED CITC, ONE OF THE HIGHEST HONORS AND UNDERTONE HISTORICAL MARKER FOR THE UNDERTOLD STORY OF RANCH, HANDS AND STOCK RAZORS FOR HAYES COUNTY HIGHLIGHTING THE CONTRIBUTIONS OF THE MEXICAN INDIGENOUS AND AFRICAN AMERICAN RANCH HANDS WHO HELPED TO BUILD THE SUCCESSFUL RANCHES IN HAYES COUNTY, SPECIFICALLY IN KYLE, TEXAS, AND WHEREAS ONLY ONE HEADSTONE REMAINS AND AN UNFENCED CEMETERY IN KYLE FROM 1895 FOR BETHEL THAT OUR CREWS BURIED BESIDE HIM, NOT ONLY HIS, HIS, HIS SON ANTONIOS WHO DIED IN 1889, BUT ALSO BURIED THERE WHERE THE RICH BLACK GHETTO CUSTOMS DATING TO THE SETTLEMENT OF TEXAS.

AND WHEREAS FEDERAL FIRST VISITED TEXAS DURING THE BATTLE OF THE ALAMO IN 1856, AS A YOUNG BOY LATER, HE REGISTERED HIS CATTLE BRAND WITH THE STATE OF TEXAS AND 1865.

HE MARRIED IN HAYES COUNTY AND RAISE 14 CHILDREN AND WERE ASKED PEDRO'S DAUGHTER THAT A SITA MARRIED ANTONIO, MARIA AND HAYES COUNTY IN 1883.

SHE KEPT JOURNALS OF HIS BIRTHS, MARRIAGES AND DEATHS, WHICH LED TO DISCOVERY OF BETH ROSE LAST WHEEL WRITTEN IN SPANISH THAT GIFTED HIS ANIMALS WITH CATTLE BRANDS TO HIS CHILDREN.

AND WHEREAS THE RANCH HANDS AND STOCK RAZORS CONTRIBUTED MUCH THROUGH THE PIONEERING SPIRIT WORK ETHIC AND INTEGRATED BY FAMILY DEVOTION AND LOYALTY.

THE FOLLOWING FAMILIES WERE PRESENT ONLY A FRACTION OF THOSE WHO CONTRIBUTED ISABELLA GONZALES CREWS 18, 13 TO 1911 AND 1854 WAS DEEDED BY THOMAS MCKINNEY, 640 ACRES, ABOUT 10 MILES NORTH NORTHWEST FROM THE TOWN OF SAN MARCOS AND UPON HER HUSBAND YET CRUZ'S DEATH IN 1856, RECEIVED ALL RANCH ANIMALS WITH HIS CATTLE BREAD, MAKING HER THE ONLY FEMALE MEXICAN LAND OWNER RECORDED IN HAYS COUNTY, WHOSE FAMILIES WERE STOCKED RAISERS HOSA, SANTA CRUZ, ISABELLE SUN WET NEAR THE BLANCO RIVER IN 1865 AND MADE SEVERAL TRIPS TO PORT LAVACA ON CAL HUNTS AND TRIPS TO KANSAS OVER THESE CHISHOLM TRAIL, ADAM RECTOR, A BLACK MAN WHO WAS JOSEPH'S CREWS.

MAIN RANCH HAND COULD ROPE WITH THE BEST OF THEM, SAID JOSEPH JOSE AS CRUZ JR.

WAS A FOREMAN OF MORE THAN 11,000 ACRES AT THE CARINDALE 101 RANCH.

ONE OF THE LARGEST AND KYLE REYES CISNEROS LIVED IN HAYES COUNTY AND WORKED AS A LOT GHETTO AND RANCH HAND FOR THE SURROUNDING RANCHES.

AND WE'LL SAY OF ALDO CASTEEL AND HIS SONS JOSE CASTILLO JR.

UH, FROM 1898 TO 1991, THE YOUNGER, YOUNGER BORN IN KYLE WORKED AS VITALS AND RANCH HANDS IN THE AREA, WHENEVER THE ELDER CASTEEL WASN'T TRAVELING THE CIRCUIT WITH BUFFALO BILL LEONARD.

YEAH, FROM 1884 TO 1950, PEDRO THAT OUR CRUISE GRANDSON FROM KYLE HE RANCH, HAND AND RODEO COWBOY TRAVELED THE CIRCUIT WITH BUFFALO BILL WF, CODY, AND HIS CREW IN THE LATE 18 HUNDREDS.

WHEREAS THE SUCCESS OF THE COUNCIL FOR THE INDIGENOUS AND DONALD COMMUNITIES CREATES NEW, FOUND PRIDE IN REFLECTION ON THE LEDGER AND LEGACY OF THOSE WHO PLAYED ESSENTIAL ROLE IN THE DEVELOPMENT OF THE CALL HISTORY.

NOW, THEREFORE BE A PROCLAIM THAT I, ROBERT IS A MAYOR PRO TEAM CITY OF CALGARY.

IT IS TIME TO RECOGNIZE THE LONG OVERLOOKED CONTRIBUTIONS MADE BY THE FAMILIES AND ENDORSE HAVING THE TOWN ON HISTORICAL COMMISSION, RECOGNIZING KYLE'S PLACE, TEXAS HISTORY AND WITH THE UNDERTONE HISTORIC HISTORICAL MARKER FOR KIDDOS RANCH HANDS AND THEIR STOCK RAISERS INTERNALS DAY, THE 22ND OF MARCH, 2022.

AND AT THIS TIME I'D LIKE TO RECOGNIZE SOME OF OUR AUDIENCE MEMBERS.

IT WOULD

[00:25:01]

BE, UM, GINA, ALBA, ROGERS CHAIR, FRANK ODONTO AND ANITA COLLINS.

THEY COME FORWARD, PLEASE.

GOOD EVENING, MAYOR AND COUNCIL MEMBERS.

MY NAME IS GINA ALMA ROGERS, AND I'M THE CHAIR OF THE COUNCIL FOR THE INDIGENOUS INTO HANO COMMUNITY KNOWN AS CITY.

WE RECENTLY CELEBRATED OUR FIRST ANNIVERSARY OF THE MINI PROJECTS THAT CITY IS ACCOMPLISHED THIS YEAR.

WE ARE HONORED TO RECEIVE THE APPROVAL OF AN UNDERTOLD HISTORICAL MARKER FROM THE TEXAS HISTORICAL COMMISSION FOR KYLE TEXAS FOR VOLCANOES RANCH, HANDS AND STOCKHOLDERS.

ONLY 15 APPLICATIONS WERE APPROVED FROM ACROSS THE STATE OF TEXAS FOR THESE HIGHLY SOUGHT SOUGHT AFTER MARKERS SITSI IS UNDER THE UMBRELLA OF THE NONPROFIT INDIGENOUS CULTURES INSTITUTE.

AND IT'S OUR MISSION TO PRESERVE THE HISTORY, TRADITIONS AND RICH CULTURE OF OUR ANCESTORS FROM HAYES COUNTY.

MARIA ROCIA RECENTLY DESCRIBED WHERE IT WAS QUOTED AS SAYING THAT THE FAMILIES THAT HAVE BEEN DESCRIBED HERE TODAY REPRESENT ONLY A FRACTION OF THOSE STORIES, DOCUMENTED AND RECOGNIZED.

AND WE ARE HERE TO EMPOWER THE STORYTELLING OF THOSE INDIGENOUS INTO HUNTER PEOPLE FROM ALL CORNERS OF HAYES COUNTY, PEDRO BETTA CRUISES, DETA SCENT DESCENDANTS APPROACH SITSI TO TELL THEIR STORY AFTER TRYING TO HAVE THEIR STORY HONORED THROUGH THE USUAL CHANNELS.

ONLY ONE HEADSTONE REMAINS IN KYLE FOR PEDRO VETA CREWS BURIED BESIDE HIM, OF COURSE, IS HIS SON ANTONIO.

AND THIS CEMETERY PREDATES THE ONE THAT IS ALREADY HERE.

UM, SO AS A BOY, PEDRO FIRST VISITED TEXAS DURING THE BATTLE OF THE ALAMO AND JUST TO CORRECT YOU, IT WAS 1836 AND HE LATER REGISTERED A CATTLE BRAND WITH THE STATE OF TEXAS IN 1865.

HE MARRIED IN HAYES COUNTY, RAISE 14 CHILDREN, AND HIS DAUGHTER KEPT A JOURNAL OF ALL OF THE BIRTHS AND MARRIAGES AND DEATHS.

PEDRO PREPARED HIS LAST WILL AND A TESTAMENT IN SPANISH GIFTING HIS ANIMALS BRANDED WITH HIS CATTLE BRAND TO HIS CHILDREN.

SO ANOTHER STORY THAT WE FOUND WAS ABOUT ISABELLA GONZALES CRUISE IN 1854, SHE WAS DEEDED 640 ACRES, UH, BY THOMAS MCKINNEY OF MCKINNEY FALLS.

ACCORDING TO THE LAND, THE DEED, THE LAND SAYS THAT IT'S 10 MILES NORTH NORTHWEST FROM THE TOWN OF SAN MARCUS.

HER HUSBAND GAVE THEM A CRUISE, ALSO FILED A DEEP HAYES COUNTY, UH, DIRECTING THAT ALL OF HIS INTEREST IN HIS STOCK BRANDED WITH HIS CATTLE BRAND GO TO HIS WIFE.

A YEAR LATER, HE WAS AMBUSHED AND KILLED NEAR WIMBERLY WITH HIM WAS CHIEF GRAY EAGLE WHO ALSO DIED.

HE SABELLA THEN BECAME THE ONLY FEMALE MEXICAN LANDOWNER IN HAYES COUNTY, ALL THE WHILE RAISING SIX CHILDREN IN THE YEAR 1900, SHE CONTRACTED TO SELL HER LAND WITH INSTRUCTIONS THAT SHOULD REMAIN ON THE LAND WITH HER CATTLE, HORSES, AND ANIMALS UNTIL HER DEATH.

SO SINCE HE HAS BEEN ACTIVE IN DOCUMENTING SOME OF THE EARLIER FAMILIES, WE HAVE APPLIED FOR FIVE HISTORICAL MARKERS AND WE'VE RECEIVED THREE.

SO WE'RE VERY PROUD OF THIS ONE.

UM, AND THEN JUST FINALLY, I'LL JUST SAY, I CONTINUE TO BE GRATEFUL FOR THE GUIDANCE AND SUPPORT THAT WE'VE RECEIVED FROM THE INDIGENOUS CULTURES INSTITUTE.

UM, AND ALSO FROM CREDENTIAL PROFESSORS OF TEXAS HISTORY, UH, WHO HAVE GUIDED US.

AND I WILL END WITH SAYING THAT HISTORY IS VERY DIFFICULT TO DOCUMENT WHEN FACTS EXIST, BUT WHEN THOSE FACTS ARE EXIST AND THEY'RE NOT USED, THAT BECOMES A FAILURE AND A DISSERVICE TO TEXAS HISTORY.

THERE ARE MANY STORIES THAT ARE WAITING TO BE REVEALED AND WE, IT SITS HERE COMMITTED TO BOLDLY TELLING THEM, THANK YOU, THANK YOU VERY MUCH.

AND, UH, I APPRECIATE THE WORK THAT YOU'RE DOING AS A FOURTH GENERATION RESIDENT OF KYLE.

I KNOW A COUNSELOR, IT WILL BE AS, AS WELL, HAS A LONG HISTORY HERE IN THE RANCH.

AND I JUST WANT TO THANK YOU FOR THE WORK YOU'RE DOING, BECAUSE IT'S IMPORTANT TO REMEMBER WHERE WE COME FROM AND WHO WE ARE.

SO THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

WE'LL DO A PICTURE.

YEAH, I HAVE TO DO THIS.

I HAVE TO TURN THE LIGHTS

[00:30:04]

ONE MORE.

SORRY.

OKAY.

NEXT

[7. Presentation from Grande Communications about deploying fiber in Plum Creek. ~ Gabriel Morales, Grande Communications]

STEP AGENDA.

ITEM NUMBER SEVEN, PRESENTATION FROM GRENADE COMMUNICATIONS ABOUT DEPLOYING FIBER IN PLUM CREEK.

UM, MR. GABRIEL MORALES.

GOOD EVENING, SIR.

GOOD EVENING COUNCIL.

MY NAME IS GABRIEL MARTINEZ.

I AM THE CONSTRUCTION MANAGER FOR THE ONGOING DISTRIBUTION NETWORK BUILD AND AMBERWOOD AND KENSINGTON.

SINCE I HIT HILLS, I WAS HERE A COUPLE OF ABOUT A MONTH AGO.

I THINK IT'S BEEN AWHILE.

SO ANYHOW, UM, I'VE BEEN ASKED TO COME BACK BY A CITY MANAGER SELLERS AND TO ANSWER A FEW QUESTIONS.

YES.

ASTOUND WOULD LIKE TO BUILD IN PLUM CREEK.

WHAT QUESTIONS WOULD YOU HAVE RIGHT NOW? WE'RE AT THE VERY BEGINNING OF IT.

UH, WHAT I WOULD LIKE TO TRY TO DO IS JUST ESTABLISH COMMUNICATION, MAKE IT A REDUCTION OF THE KEY PLAYERS ON THE US DOWNSIDE.

SO THAT WAY, UH, IF THERE ARE ANY CONCERNS OR ANY ISSUES THAT COME UP, YOU KNOW, WHO TO GO TO, INSTEAD OF NOT KNOWING ANYTHING, WE ALL KNOW THE FRUSTRATIONS CALLING INTO A CALL CENTER.

SOMETIMES IT GETS REROUTED SOMETIMES TO GET STRAPPED.

SOMETIMES YOU CAN JUST SIT ON HOLD FOREVER IN A DAY.

UH, WITH US BEING HERE, I FEEL THAT MY TEAM THAT ARE HOLD RESPONSIBLE OUT IN THE FIELD HAVE TRUCK WILL TRAVEL BETTER SHOW FACE.

UM, I DO OFFICE OUT OF SAN ANTONIO.

I DO COME INTO SAN MARCUS.

I DO A RIDE OUT INTO COLLEGE.

AT LEAST I TRY TO AT LEAST ONCE A WEEK PERMITTING SCHEDULE PERMITTING.

AND, UH, I JUST, I FEEL PRESENCE IS JUST A BIG THING, YOU KNOW, FOR US TO BE THERE AND TO HAVE SOMEBODY TO TALK TO.

I KNOW THAT SOME OF THE CONCERNS LAST TIME AROUND, UH, THAT WAS WE'RE SPEAKING IS THAT THE CITY IS RECEIVING ALL THE CONCERNS FROM THE RESIDENTS.

WE HAVE DISTRIBUTED DOOR TAGS THAT DID PROVIDE A PHONE NUMBER, AND UNFORTUNATELY NOT MANY RESIDENTS WILL USE THAT NUMBER, UM, WITH KYLE BEING A SMALL COMMUNITY.

AND EVERYBODY KNOWS WHAT EVERYBODY IT'S EASIER JUST TO GO TO SOMEBODY, YOU KNOW, AND VOICE YOUR CONCERNS.

UM, I HAVE NO ISSUES WITH A RESIDENT VOICING THEIR CONCERNS TO US.

I MEAN, THAT'S WHAT WE'RE HERE FOR.

LET'S, LET'S TALK ABOUT IT.

LET'S LOOK AT IT, LET'S RESOLVE IT.

AND THAT'S WHERE THAT, I JUST SEE IT.

SO RIGHT NOW, AS FAR AS GOING INTO PLUM CREEK, I'M LOOKING AT IT AS JUST ESTABLISHING GOOD COMMUNICATION BETWEEN ASTOUND THE CITY AND ALSO THE HOA.

ONCE THAT'S DONE, THEN WE CAN START LOOKING AT TO, UM, SHARING INFORMATION FROM OUR SIDE, AS FAR AS OUR DISTRIBUTION DESIGN, AS FAR AS OUR PHASING BUILT, UH, GIVE EXAMPLES OF WHAT TYPE OF CONSTRUCTION, WHAT TO EXPECT, UM, PUT TOGETHER TIMEFRAMES, HOPEFULLY THE WEATHER COOPERATES.

UM, AND THEN JUST SHARE THAT INFORMATION.

I THINK THAT'S THE KEY.

I THINK WHERE A LOT OF PEOPLE GET VERY FRUSTRATED.

IT'S JUST THAT, UH, I HEAR SO MANY TIMES I WAS NEVER TOLD.

SO JUST PROVIDING THAT INFORMATION USING WHAT'S OUT THERE, WE'VE TALKED ABOUT, UM, DOOR HANGERS, WE'VE TALKED ABOUT SIGNAGE, UM, SOCIAL MEDIA.

I'M NOT TOO INVOLVED IN THAT, BUT, UH, I DID KNOW PEOPLE WHO ARE, YOU KNOW, TO JUST DISTRIBUTE THAT INFORMATION.

AND ME PERSONALLY, I'M OLD FASHIONED ABOUT IT.

FACE-TO-FACE CONVERSATION.

JUST SHOW PRESENCE.

ALL RIGHT.

THANK YOU.

DOES ANYBODY HAVE ANY QUESTIONS FOR MR. MIRALIS? UH, CUSTOMER PARTIALLY? THAT'S FINE.

UM, I JUST WANTED TO LET YOU KNOW THAT I DID GET A LOT OF RESIDENTS, YOU KNOW, HUGGING ME ON FACEBOOK ABOUT YOU COMING IN HERE TODAY AND THEY ARE VERY EXCITED.

SO, UM, W INFORMATION THAT YOU HAVE THAT I MAY SHARE WITH THEM, THAT WOULD BE GREAT BECAUSE I KNOW, UH, THEY ARE THRILLED THAT SOMETHING ELSE HAS COME IN OR MAYBE COMING TO KYLE, UM, INCLUDED IN THERE.

SO TO ME, IT'S A GOOD THING.

UNFORTUNATELY, WITH ANY TYPE OF CONSTRUCTION, YOU'RE JUST GOING TO HAVE A MESS.

UM, I THINK IF I, I'M GOING TO STAND BY SAYING I'M GOING TO CLEAN UP THE MESS AFTERWARDS, AND I THINK THAT'S IMPORTANT FOR THEM TO KNOW WHAT TO EXPECT AND WHY THE TIMELINE IS GOING TO BE AND, YOU KNOW, ROAD CONSTRUCTIONS.

UM, I THINK THEY ALL BE HAPPY TO

[00:35:01]

JUST HAVE ANOTHER SERVICE.

SO THAT'S GOOD TO HEAR.

THAT'S GOOD TO HEAR.

WE KNOW.

I MEAN, THAT'S WHAT IT IS NOW IT'S STREAMING, LET'S SAY, YOU KNOW, AND, UH, I FEEL THAT IT IS VERY IMPORTANT THAT PEOPLE HAVE A CHOICE.

YES.

CUSTOMER TOBY'S.

OKAY.

UH, YES, SIR.

I, THANKS FOR COMING OUT, MS. BRAS.

SO FROM THE LAST STABLE HOODS WE DID IN KENSINGTON, AMBER, YOU KIND OF SAW SOME OF THE GOOD AND ALSO SOME OF THE AS WELL, OR NOT JUST THE, THE, THE CHALLENGES THAT YOU HAD.

THIS IS, USE THAT WORD.

SO NOW WITH PLUM CREEK, YES.

THAT'S ONE THAT I KNOW THAT IT'S GOING TO BE A VERY TIGHT FIT WITH ALL OF YOUR EQUIPMENT, BECAUSE THERE WAS LARGE MACHINERY OUT THERE.

AND MOST OF THE NEIGHBORHOODS THAT TOOK UP A MAJORITY OF THE ROAD AND MAJORITY OF THE STREET, UH, WITH PLUM CREEK, THEY'RE VERY NARROW STREETS, THERE'S ALLEYWAYS.

AND SO, UH, I'M PRETTY SURE YOU'VE ESCAPED IT OUT.

UH, SCOPED IT OUT AS FAR AS, UH, THE AREA, WILL YOU BE DOING IT IN SECTIONS OR DOING IT IN CERTAIN AREAS BECAUSE THE, THE PARKING AND THE DRIVEWAYS ARE A LOT SMALLER, THE STREETS CAN BARELY FIT ONE CAR, OBVIOUSLY, PLUS YOU GOT ROUNDABOUTS.

AND SO, UH, UM, I JUST WANTED TO KNOW IF YOU'VE, IF YOUR TEAM HAS PRETTY LOOKED AT IT VERY WELL TO WHERE WHEN YOU GO IN, YOU HAVE AN IDEA ON HOW TO EXECUTE THAT AND GET IT THROUGH WITHOUT ANY DISRUPTION.

I THINK ONCE WE TAKE A LOOK AT THOSE AREAS AND WE IDENTIFY THOSE OBSTACLES, LIKE HOW YOU SAID IT, ROUNDABOUTS OR NARROW STREETS, DEAD END STREETS AS SUCH, UM, OVERALL LOOK AT THE OVERALL PROJECT, AS FAR AS PHASING AND SEE WHAT WOULD BE BEST, NOT ONLY WITH OUR GETTING OUR CONTRACTORS IN AND OUT, UM, YOU KNOW, FOR THEM TO GET THE WORK DONE IN A MINIMAL AMOUNT OF TIME, BUT ALSO TO NOTIFY THE RESIDENT AND JUST LET THEM KNOW THAT'S A, HEY, LOOK, I SAID, YOU KNOW, ON THIS DAY, WE'RE GOING TO TRY TO BE HERE.

UH, HOPEFULLY IT'LL TAKE X AMOUNT OF TIME.

UM, BUT, UH, HOW CAN I SAY, I DON'T WANT TO EXAGGERATE IT, BUT THEN AGAIN, I DON'T WANT TO SELL IT SHORT.

I WANT TO GIVE GOOD EXPECTATIONS, BUT AS FAR AS THE NARROW STREETS GO, I THINK IT'S JUST GOING TO BE A LOT OF LOGISTIC WORK, UM, WORKING WITH CITY THAT RIGHT AWAY.

I MEAN, SIGNAGE, YOU KNOW, THAT KIND OF THING.

I THINK, UH, IF WE COULD LET THEM KNOW BEFOREHAND, HOPEFULLY WE CAN GET COOPERATION.

YES.

I THINK THAT WOULD REALLY HELP, ESPECIALLY WITH THEM AND BEING AT A SMALL, SOME OF THOSE STREETS ARE GIVING THAT COMMUNICATION TO THE HOMEOWNERS.

WE'RE GOING TO BE WORKING ON YOUR BLOCK AS OF THIS WEEK.

PLEASE MAKE SURE IF YOU CAN TRY TO KEEP AS MANY CARS OFF THE STREET AS MUCH AS POSSIBLE, UH, AND JUST COMMUNICATED, COMMUNICATING TO EVERYBODY ON A DAILY BASIS ON THAT END, I THINK WOULD REALLY HELP IN, IN STREAMLINE YOUR, YOUR PROGRESS VERY WELL.

THANK YOU.

ANYONE ELSE? CUSTOMER FLOOR SCALE.

YES.

UH, FIRST OF ALL, I WANT TO SAY THANK YOU.

UM, ME ALONG WITH PROBABLY ALL THE RESIDENTS OF KYLE REALLY APPRECIATE HAVING AN A SECOND OPTION AND I ONLY HAVE ONE QUICK QUESTION AND IT MIGHT BE SILLY, BUT I SEE THESE ARE FIBER LINES.

ARE THOSE THE SAME AS THE LINES THAT YOU'RE LAYING DOWN ON THE EAST SIDE? YES.

OKAY.

SO IT'S GOING TO BE FIBER OPTIC IS JUST THE TYPE OF CABLE.

IT'S JUST THE, UH, THINK OF IT AS JUST A COPPER CABLE, BUT IT'S JUST FIBER OPTIC.

IT, IT USES AS THE MODULATION FOR THE SIGNAL.

OKAY.

ALL RIGHT.

THANK YOU.

GO AHEAD.

OKAY.

ANYONE ELSE? ALRIGHT, THANK YOU.

THANK YOU, COUNCIL.

NEXT UP AGENDA ITEM

[8. Smart City Strategic Plan Presentation - Honeywell. ~ James R. Earp, Assistant City Manager]

NUMBER EIGHT, SMART CITY STRATEGIC PLAN PRESENTATION BY HONEYWELL, UH, JAMES OR MAYOR COUNCIL FOR THE RECORD, JAMES AARP ASSISTANT CITY MANAGER.

I'M VERY PLEASED TO BE INTRODUCING TO YOU.

UH, GEORGE, WHO IS ATTENDING, UH, VIA RINGCENTRAL AND, UH, LUIS AND EDINA WHO ARE HERE IN PERSON FROM HONEYWELL.

UH, THEY HAVE COMPLETED THE WORK ON THE SMART CITY STRATEGIC PLAN AFTER A LOT OF, UH, FEEDBACK MEETINGS, UH, YOU KNOW, CITIZEN INPUT.

WHAT HAVE YOU AND GEORGE IS HERE TO PRESENT THE, UH, THE, THE EXECUTIVE SUMMARY OF THE STRATEGIC PLAN FOR US TONIGHT.

SO I WILL NOW PAUSE AND TURN IT OVER TO GEORGE.

THANK YOU, JAMES.

AND, UH, MR. MAYOR AND COUNCIL, THANK YOU FOR, UH, ALLOWING US TO, UH, WORK WITH YOU AND YOUR STAFF AND, UH, THE COMMUNITY TO DEVELOP THE SMART CITY STRATEGIC PLAN.

WE SPENT THE LAST FOUR MONTHS DEVELOPING.

UM, YOU HAVE THIS, UH, IN EXECUTIVE SUMMARY FORMAT.

I'LL MOVE VERY QUICKLY THROUGH THIS.

HOPEFULLY YOU HAVE THE VISUALS, UH, I'LL CHECK BEFORE.

DO YOU SEE THE, UH, CAN YOU SEE MY SCREEN? OKAY.

THANK YOU.

MOVED VERY QUICKLY.

OKAY.

[00:40:02]

WE'RE GOING TO TALK ABOUT, UH, THE PROCESS.

WE'LL TALK ABOUT THE RECOMMENDATIONS AND THE OUTREACH, AND REALLY JUST LEAVE IT FOR, UH, QUESTIONS AND ANSWERS.

UM, WE HAVE OFFICIALLY, UH, DELIVERED THE STRATEGIC PLAN.

THE FULL PLAN IS 80 PAGES.

IT IS ON THE CITY OF KYLE SHAREPOINT WEBSITE, THE EXECUTIVE SUMMARY, WHICH WAS, UH, UH, DISTRIBUTED WITH THIS, UH, MEETING NOTICE.

UH, AND THE SLIDES IS 10 PAGES.

THE COMPLETE PLAN, UH, DOES HAVE A LOT OF, UH, VALUABLE, UH, REFERENCE MATERIAL IN TERMS OF WHAT IS A SMART CITY, WHAT ARE THE ASPECTS OF A SMART CITY FROM A DATA GOVERNANCE PERSPECTIVE.

UM, AND HOPEFULLY THAT WILL SERVE AS A VERY VALUABLE REFERENCE FOR THE CITY.

WE'RE VERY PROUD OF THESE DELIVERABLES, UH, FROM A STAKEHOLDER ALIGNMENT PERSPECTIVE.

WHAT WE REALLY DID WAS WE ALIGNED, UH, WE, WE GATHERED STAKEHOLDER FEEDBACK.

WE LISTENED TO WHAT THE STAKEHOLDERS, UH, UH, WANT FOR THE FUTURE OF KYLE AND WE DEFINED, UH, SEVEN HIGH IMPACT PROJECTS THAT WE BELIEVE WILL REALLY SET THE FOUNDATION FOR KYLE'S FUTURE.

WE SPOKE WITH ABOUT TWO DOZEN CITY EMPLOYEES, UH, TEX DOT, HEARD ANALYSIS, UH, HAYES COUNTY.

AND NEXT WEEK WE HAVE A MEETING WITH, UH, HAYES CISD TO TALK ABOUT AN INTERESTING, UH, ELECTRIC SCHOOL BUS, UH, PILOT PROJECT.

ON THE 24TH OF FEBRUARY, WE HAD A CITIZEN OUTREACH AND A VERY SUCCESSFUL FROM OUR PERSPECTIVE WE HAD TO DATE WE'VE HAD ABOUT A THOUSAND VIEWS ON THAT FACEBOOK LIVE PAGE.

AND, UM, WE ASKED TWO QUESTIONS, ONE AT THE BEGINNING OF THE SESSION, AND ONE AT THE END AND AS, UH, ASSISTANT CITY MANAGER, JAMES AARP HAD, UH, PREDICTED, UM, ATTITUDES CHANGED, UH, BASED ON, UM, UH, CONTENT THEY RECEIVED.

SO NOT SURPRISINGLY TRAFFIC WAS THE NUMBER ONE CONCERN.

THIS WAS A HYBRID FORMAT.

IT WAS BROADCAST ON CHANNEL 10, UH, YOUTUBE AND FACEBOOK LIVE FACEBOOK AND, AND IN-PERSON, AND FACEBOOK LIVE WAS THE ONLY, UM, VEHICLE THAT WOULD ALLOW, UM, ONLINE, UH, FEEDBACK.

SO WE ASKED THE QUESTION ONLINE AND WE HAD 53 RESPONSES, TRAFFIC AND GROWTH, OBVIOUSLY, WHICH IS THE REASON FOR, UH, THE TRAFFIC CONGESTION, WHAT IS THEIR TOP CONCERN, AND THEY COULD CHOOSE ANY NUMBER.

AND THEN ON THE BACK END, AFTER WE, UM, DESCRIBED THE PROJECTS, THE RECOMMENDED SMART CITY PROJECTS, UM, WE HAD SOME FALL OFF DURING THE HOUR, THERE WERE 16 VOTES, UH, AND I THOUGHT THIS WAS VERY, UM, INSIGHT.

UH, THE RESULTS WERE VERY TELLING THE CITIZENS, OF COURSE, SMART TRANSPORTATION INFRASTRUCTURE, HELPING MITIGATE CONGESTION SCORE VERY HIGH.

UM, AND WHAT SURPRISED ME WAS THE DIGITAL CITIZEN ENGAGEMENT ALSO, UH, RANKED FOR VOTES, AND THEY COULD ONLY PICK ONE, UH, AND THEN ALSO THE SMART CITY PLATFORM AND THE SMART WATER INFRASTRUCTURE, THOSE FOUR CLEARLY STOOD OUT.

AND SO THIS INSIGHT, THIS QUANTITATIVE FEEDBACK FROM YOUR CITIZENS WILL BE HELPFUL AS WE MOVE FORWARD INTO THE GRANT WRITING PROCESS.

AND I WOULD SIMPLY CAUTION COUNCIL TO, TO TAKE THIS AS GUIDANCE, BUT NOT AN ABSOLUTE, THE FACT THAT ZERO RESPONDENTS CHOSE CYBERSECURITY AS AN EXAMPLE, AS THE HIGHEST PRIORITY DOESN'T MEAN THE CITY SHOULDN'T CONSIDER THAT WE MAPPED THE SEVEN RECOMMENDED SMART CITY PROJECTS AGAINST WHAT WE HEARD FROM THE STAKEHOLDERS AS WE DID THE VOICE OF THE CUSTOMER.

UM, THINGS LIKE WE CONNECT KYLE KEEP, UH, KEEP EVERYONE, UH, INTERCONNECTED, UM, CREATE AN OPEN DATA POLICY, PUBLIC SAFETY, AND ON AND ON.

AND SO WE RANKED THESE PROJECTS, WE SCORED THESE PROJECTS TO THE DEGREE OF ALIGNMENT, AND WE FEEL VERY COMFORTABLE THAT THE RECOMMENDED SMART CITY PROJECTS ARE VERY WELL ALIGNED WITH WHAT WE HEARD DURING OUR VOICE OF THE CUSTOMER SESSIONS.

AND THEN WE MAPPED THE RECOMMENDED PROJECTS TO THE CITY OF KYLE'S CORE VALUES, KNOWLEDGE, YES, ATTITUDE, LEADING EDGE TECHNOLOGY AND EMPLOYEE ACCOUNTABILITY.

THIS THE TEXT FOR EACH CELL IS IN BOTH THE EXECUTIVE SUMMARY AND THE COMPLETE PLAN, BUT WE ALSO BELIEVE WE HAD VERY HIGH ALIGNMENT WITH, UH, TILE'S CORE VALUES.

SO NOW I'LL JUST VERY QUICKLY STEP THE SEVEN RECOMMENDED PROJECTS, NOT IN ANY DETAIL, IF THERE'S QUESTIONS AT THE END, WE'LL TALK AS, AS MUCH AS YOU WANT TO ABOUT, ABOUT THESE PROJECTS.

A SMART CITY PLATFORM REALLY IS A SYSTEMS OF SYSTEMS IN A SOFTWARE INTEGRATION PLATFORM THAT BRIDGES DEPARTMENTAL SILOS.

IT FREES THE DATA FROM THESE SILOS.

IT DRIVES OPERATIONAL EFFICIENCY AND, UH, FACILITATES INNOVATION.

AND WE BELIEVE STRONGLY THAT SMART CITY PLATFORM IS WHAT WILL HELP THE CITY, UM,

[00:45:01]

REALLY SERVE ITS ITS RAPID GROWTH, UM, CYBERSECURITY AS A RESULT OF, UM, THE CITY'S GROWTH HAS PUTS A TREMENDOUS STRAIN ON BUDGETS ON STAFF, PEOPLE, EVERY DEPARTMENT IS UNDERSTAFFED AND UM, WHILE CYBERSECURITY IS FIRST AND FOREMOST, A POLICY AND A MANAGEMENT CHALLENGE, UM, WE'RE IN A NEW ERA OF CYBER CRIME AND UM, WE RECOMMEND, UH, THE CITY EVALUATE A CYBERSECURITY MONITORING SERVICE TO, UH, AS A, AS AN ADDITIONAL LAYER OF PROTECTION CITIZEN ENGAGEMENT.

THIS IS REALLY PROVIDING ALL CITY SERVICES IN THE PALM OF A CITIZEN'S HAND.

UM, THIS IS, UM, YOU'RE MOVING RAPIDLY IN THIS DIRECTION AND THIS, UM, THIS KIND OF APPROACH CAN BE USED TO REALLY, UH, DRIVE CITIZEN PARTICIPATION, CITIZEN SATISFACTION AND OPERATIONAL EFFICIENCIES.

SMARTWATER IS SOMETHING THAT, UH, EVERYONE, UH, IN THAT ROOM PROBABLY UNDERSTANDS IS NEEDED AS LONG OVERDUE.

AND WE BELIEVE THAT THERE ARE WAYS TO, UM, DEPLOY SMARTWATER INFRASTRUCTURE AND STILL RECEIVE FEDERAL FUNDING TO SUPPORT THAT.

UH, DESPITE THE FACT THAT MUCH OF IT IS A MATURE TECHNOLOGY.

THERE ARE ASPECTS THAT ARE VERY LEADING EDGE AND WE, WE WANT TO HELP THE CITY, UH, DEPLOY SMARTWATER INFRASTRUCTURE, ENERGY RESILIENCY, OR ANY ANYONE IN A TOWN THAT HAS LIVED THROUGH WINTER STORM EARRING UNDERSTANDS, UM, THE POTENTIAL DOWNSIDE OF PROLONGED, UH, ENERGY OUTAGES DURING SEVERE WEATHER.

AND, UH, THAT'S ONE OF THE REASONS WE'RE COMING IN NEXT WEEK TO MEET WITH HAYES, CISD AND CURRENT ANALYSIS.

AND THE CITY IS TO UNDERSTAND HOW CAN WE BEGIN TO DRIVE, UM, RESILIENCY PROJECTS THAT, UH, REALLY HELP THE CITY WITHSTAND PROLONGED POWER OUTAGES.

THAT'S A LONG JOURNEY.

SMART TRANSPORTATION IS, UH, A MIX OF TECHNOLOGIES THAT REALLY CONNECT YOUR STREET LIGHTS, YOUR, YOUR STOPLIGHTS, YOUR TRAFFIC LIGHTS WITH CARS, WITH GOLF, UH, GOLF CARTS WITH BICYCLES AND PEDESTRIANS TO REALLY, UM, FACILITATE THE FLOW OF TRAFFIC AND TO REDUCE, UH, ACCIDENTS, PUBLIC SAFETY.

UH, YOU'RE BUILDING A NEW PUBLIC SAFETY BUILDING.

YOU'RE GOING TO HAVE A OPERATION CENTER.

WE BELIEVE THAT THERE'S A WAY TO APPLY LEADING EDGE SOFTWARE AND, UH, ARTIFICIAL INTELLIGENCE TO BOLSTER THE STRENGTH OF YOUR SWORN POLICE OFFICER FORCE AND REALLY MAINTAIN, UH, UH, QUALITY OF LIFE.

I KEEP BEING IN FRONT OF A CRIME AS THE CITY CONTINUES TO GROW.

SO IT'S NOT JUST VIDEO CAMERAS, IT'S NOT JUST HAVING A NETWORK OPERATION CENTER, IT'S TYING ALL OF THAT STUFF TOGETHER.

UH, NEXT STEPS.

UM, WE WILL CONTINUE TO WORK WITH, UH, ASSISTANT CITY MANAGER, HERB AND CITY MANAGER, UH, SELLERS, UH, ON THESE PROJECTS.

UM, AS PART OF OUR DELIVERABLE, WE ARE SUPPORTING THE WRITING OF THREE GRANT APPLICATIONS IN PURSUIT OF, UH, INFRASTRUCTURE, BILL FUNDING.

AND, UH, WE ALSO RECOMMEND THAT, UH, THAT WE WORK CLOSELY WITH YOUR LOBBYING FIRM.

ONCE THESE GRANTS ARE IN FLIGHT AND WE BEGIN, UM, COLLECTIVELY BUILDING SUPPORT FOR THESE GRANT AWARDS AND THAT WE CONTINUE EXPLORING PROJECTS.

THIS IS A, THIS IS A PROCESS.

IT'S NOT A MOMENT IN TIME.

AND, UH, THAT'S WHY WE'RE COMING IN NEXT WEEK WITH, UH, UM, PARDON ANALYSIS CISD AND, UH, THE CITY AND WILL DUKE WILL NOT BE IN THE MEETING, BUT, UH, DUKE ENERGY IS, UH, UM, POTENTIALLY INTERESTED IN ALSO PARTICIPATING IN THAT PROJECT, UH, TO SUPPORT ANALYSIS.

SO I'M GOING TO STOP THERE.

I KNOW YOU HAVE A VERY LENGTHY AGENDA AND YOU'VE GOT THE SMART CITY STRATEGIC PLAN, EXECUTIVE SUMMARY AND COMPLETE DOCUMENT AT YOUR DISPOSAL.

AND WE THANK YOU SO MUCH FOR GIVING US THIS OPPORTUNITY TO SERVE.

THANK YOU.

ALL RIGHT.

THANK YOU.

DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS FOR HONEYWELL MAYOR PRO TIP? YEAH.

GEORGE, I JUST WANT TO SAY THANK YOU.

THANK YOU.

UH, FOR TAKING TIME OUT OF YOUR BUSY SCHEDULE BRINGS THIS PRESENTATION AND I LOOK FORWARD TO, UM, WHAT'D YOU BRING BACK WITH YOUR TEAM.

THANK YOU.

ANYONE ELSE? SO SORRY, I COULDN'T BE THERE IN PERSON CASTLEBERRY FLOOR SCALE.

THANK YOU.

UM, I JUST WANT TO BRIEFLY SAY HOW EXCITED I AM TO BRING THIS TO KYLE.

UM, ANYONE WHO'S HAD A HIGH WATER BILL OR WHO WONDERS HOW THEIR WATER BILL WORKS, YOU CAN WITH THIS KIND OF PROGRAM, YOU CAN LITERALLY SEE IT, UM, AND GET ALERTS.

SO I'M REALLY EXCITED CAUSE I HAVEN'T ABOVE GROUND POOL AND MANY, A TIMES I'VE JUST LEFT MY WATER ON AND YOU PAY FOR IT THE NEXT

[00:50:01]

MONTH.

SO, UM, THE SOONER, THE BETTER, AND THANK YOU FOR YOUR PRESENTATION.

IT'S LIKE THE THIRD TIME WE'VE WATCHED IT, BUT I REALLY ENJOY IT.

SO THANK YOU ANYONE ELSE? ALRIGHT, THANK YOU VERY MUCH.

NEXT UP AGENDA ITEM

[9. Hog Damage along Plum Creek & Trails presentation. ~ Kathy Roecker, Stormwater Management Plan Administrator]

NUMBER NINE, HOG DAMAGE ALONG PLUM CREEK AND TRAILS PRESENTATION, KATHY ROKER AND THE CREEK.

WE NEED PHOTOGRAPHIC EVIDENCE OF WHATEVER YOU'RE GOING TO SHOW US.

COME IN.

YES.

YES.

HELLO MAYOR MAYOR PRO TEM COUNCIL MEMBER KATHY RAKER FOR THE RECORD, THERE IS A PRECIPITATION.

I'M HERE TO TALK ABOUT HOGS, FERAL HOGS AT THAT REALLY FUN AND EXCITING.

AND I TRIED TO KEEP THIS PRESENTATION VERY HIGH LEVEL, VERY BRIEF BECAUSE AT THE END I WILL BE LOOKING FOR DIRECTIVE.

IT CAN, YOU Y'ALL PUT ON MY PRESENTATION THAT I EMAILED I CAN GO AHEAD AND START ON.

THE FIRST SLIDE IS BACKGROUND.

UM, JUST TO GIVE YOU A LITTLE BIT OF BACKGROUND IN 2004 PLUM CREEK WAS LISTED BY THE STATE OF TEXAS AS HAVING HIGH BACTERIA LEVELS, HIGH FECAL COLIFORM, ECOLAB, UM, WHICH MADE IT, UH, IMPAIRED FOR CONTACT RECREATION.

SO DUE TO THAT IMPAIRMENT, DUE TO THE HIGH BACTERIA LEVELS, DUE TO THOSE HIGH BACTERIAL LEVELS, UH, THE PLUM CREEK WATERSHED PARTNERSHIP WAS CREATED IN 2006 FAST FORWARD TO 2018.

UM, BECAUSE AT THAT TIME AND THE ELEVATED LEVELS, A LOT OF FINGERS WERE BEING POINTED AT WASTEWATER TREATMENT PLANTS.

AND SO THE GROUP, THE PLUM CREEK WATERSHED PARTNERSHIP DECIDED TO DO A BACTERIAL SOURCE TRACKING WHERE THEY ACTUALLY DO DNA TESTING ON THE FECAL COLIFORM.

SO THEY COULD SEPARATE OUT HUMAN WASTE VERSUS ANIMAL WASTE VERSUS CATTLE AND, AND BREAK IT DOWN.

SO IT WAS A REALLY INTERESTING STUDY BECAUSE, AND WE REALLY SUPPORTED THAT BECAUSE WE'RE AT THE TOP OF THE WATERSHED.

SO NATURALLY THE IDEA WAS WE WERE PROBABLY ONE OF THE MAJOR CONTRIBUTORS OF THE ECO-LINE.

SO WE WHOLEHEARTEDLY SUPPORTED THAT STUDY.

SO, AND BECAUSE OF THAT STUDY, ONE THING THAT IT WAS DISCOVERED WAS ACTUALLY FERAL HOGS WERE THE MAJOR CONTRIBUTING FECAL COLIFORM SOURCE IN OUR SECTION OF PLUM CREEK.

BUT AT THAT TIME, HOW DO YOU SOLVE A PROBLEM THAT YOU DON'T SEE? I WASN'T DRIVING AROUND SEEING HOGS IN KYLE AT THAT TIME.

SO I THOUGHT MAYBE IT'S PAST HOG.

I DIDN'T KNOW.

SO FAST FORWARD, UH, WE WERE PREPARING FOR THE GREAT TEXAS RIVER CLEANUP AND WE WERE DRIVING AROUND, I WAS DRIVING AROUND WITH PARKS AND ALL OF A SUDDEN WE STARTED SEEING BIGGER PITS AND OPEN LOOPS SUNSPOTS.

AND SO WE WERE DRIVING ALONG AND I'M JUST GOING TO KIND OF GO THROUGH SOME OF THESE PICTURES.

THESE ARE SOME OF THE PICTURES THAT PARKS HAS TAKEN FOR ME.

THIS ONE WAS INTERESTING BECAUSE YOU CAN SEE WHERE THEY'RE IN THE GATOR AND IN ONE OF THESE SECTIONS WE WERE DRIVING ALONG.

AND WHAT YOU DON'T SEE IN THIS PHOTO IS WHILE YOU'RE DRIVING ALONG, YOU FEEL DAH, DAH, DAH, DAH, DAH, DAH, DAH, DAH, DAH, DAH.

WHAT HAPPENED WAS HOGS, GO IN THERE, THEY ROOT AND THEN GRASS STARTS GROWING OVER IT.

AND THE, THE TRAIL IS NO LONGER SMOOTH.

SO THESE ARE ALONG OUR TRAIL SYSTEMS, MORE DAMAGE, MORE DAMAGE, MORE DAMAGE.

SO WE'RE SEEING MORE AND MORE OF IT.

PARKS ACTUALLY EVEN HAS MORE PHOTOS.

SO THERE IS A SOLUTION AND ONE OF THE POSSIBLE SOLUTIONS COULD BE HIRING A COMPANY THAT DOES HOG TRAPPING.

AND SO PARDON THE PUN, BUT WE COULD KILL TWO PROBLEMS WITH ONE HOG.

UM, IF COUNSEL IS POSSIBLY INTERESTED IN ME PURSUING, LOOKING AT A COMPANY THAT COULD POSSIBLY COME IN TRAP HOGS AND TAKE THEM OUT OF KYLE FOR US, THAT IS, THAT IS DONE IN OTHER AREAS.

THERE IS A HALL BOUNTY IN HAYES COUNTY BECAUSE HAIR FERAL HALLS ARE SUCH A PROBLEM.

THEY ARE AN INVASIVE NON-NATIVE SPECIES.

SO, UH, AGAIN, I DIDN'T WANT TO SPEND A LOT OF TIME LOOKING INTO COMPANIES IF THIS IS NOT SOMETHING THAT THE CITY MIGHT BE INTERESTED IN PURSUING.

DOES ANYBODY HAVE ANY FEEDBACK THEY WANT TO OFFER A MAYOR PROTEST? YEAH.

KATHY, THANK YOU.

I'M DEFINITELY, UH, YOU KNOW, JUST TO PUT IT SIMPLY, YOU KNOW, WHEN WE WERE LOOKING AT OUR TOP WATER, OUR GROUNDWATER, UH, COMPARED TO OUR GROUNDWATER TOP WATER IS HARDER TO, UH, YOU KNOW, UH, GET RE USER FRIENDLY, READY AS, BECAUSE OF ALL THE FECAL ISSUES THAT COME PERTAIN WITH THAT WITH GROUNDWATER, YOU'VE GOT THE DRAINAGE, YOU HAVE ALL THE, UH, PURIFICATIONS THAT HAPPEN NATURALLY, BUT I KNOW THE FERAL HOGS HAVE BEEN A BIG NUISANCE THROUGHOUT HAYS COUNTY, AND THAT'S WHY THE BOUNTIES IN THERE.

BUT, UM, WHEN I WAS A PART OF THE GREAT RIVER CLEAN UP THIS LAST TIME, I SAW A LOT OF EVIDENCE ALONG THE RIVERS, OUR CREEKS THERE, THAT THERE WAS A LOT OF ACTIVITY THERE.

UM, I THINK JUST DRIVING THROUGH THE BACK ROAD HERE

[00:55:01]

IN, UM, UH, NEAR STAGECOACH, I RAN INTO THREE PACKS OF, UH, EACH PACK HAD LIKE 30 HOGS IN IT.

SO THIS IS WHAT'S TEARING UP OUR FARMS TEARING UP OUR ROOT SYSTEMS. UH, IT'S REALLY CHANGING OUR ENVIRONMENT BECAUSE LIKE YOU SAID, THIS IS AN INVASIVE SPECIES.

SO ANYTHING WE CAN DO TO MITIGATE THAT WOULD BE GREAT.

I DON'T KNOW THE BOUNDARIES ENOUGH.

I'M THINKING IT'S A LITTLE LOW.

SO I'M THINKING IT'S WHY WE DON'T GET A BIG TRACTION, BUT, UH, THAT'S SOMETHING THAT, YOU KNOW, I DON'T KNOW WHO DETERMINES THAT, BUT, UH, WHAT WE CAN DO AS A CITY AS MAYBE HE STARTED TRYING TO DETER SOME OF THAT AS WELL.

SO THANK YOU.

ANYONE ELSE? COUNCILMEMBER FLOOR KALE.

THANK YOU.

AND THANK YOU FOR BRINGING THIS TO US.

UM, ONE TIME WHEN ME AND COUNCIL MEMBER RIZZO WENT TO LOOK AT SOME LAND OVER ON BUTTON CREEK, WE HAPPENED TO SEE A WHOLE HERD OF FERAL PIGS.

AND I WAS LIKE, WHAT IS THAT? AND THERE WAS PROBABLY ABOUT 20 OF THEM.

AND SO I KNOW THAT THE ISSUE IS REAL AND WITH US HAVING A TRAIL SYSTEM, I THINK IT'S GOING TO BE IMPORTANT FOR THE CITY TO KIND OF CONTROL AND, AND MAINTAIN THOSE, THOSE, UM, HOGS.

UM, AS YOU WERE SAYING, THEY, THEY DIG THEIR BURROW AND THEY DIG AND THEN THE GRASS WILL GROW OVER THAT.

AND THEN IT'S A DIVOT THAT THOSE GRASS OVER.

SO, UM, I'M ALL FOR THIS.

UM, IF YOU WANT TO, I DON'T KNOW IF WE WANT TO GIVE DIRECTION ON LIKE, HEY, GET IT AND THEN COME BACK.

OR IF WE JUST WANT TO SAY, HEY, GO AHEAD AND DO IT.

UM, BUT I'M ALL FOR THIS.

I, AND I, I LEARNED DURING THE GREAT RIVER CLEANUP THAT, UM, ONCE YOU TRAP A FEMALE, YOU HAVE TO TAKE IT AWAY.

LIKE YOU CAN'T, YOU CAN'T RELEASE IT.

SO REALLY, AND I'M HERE TO GAUGE INTEREST.

UH, I WOULD WANT TO POSSIBLY LOOK INTO DIFFERENT COMPANIES AND BRING THOSE TO BRING IT TO YOU, UM, FOR APPROVAL, UH, POTENTIALLY ANY OTHER COMMENTS I'D LIKE TO MAKE A MOTION TO DIRECT STAFF, TO BRING BACK A PROPOSAL FOR TRAPPING THE FERAL HOGS ALONG PLUM CREEK SECOND, MOVED BY MAYOR SECOND AND BY COUNCIL MEMBER FORCE COUNSELOR DISCUSSION ON THE MOTION.

ALL THOSE IN FAVOR, SAY AYE, ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

THANK YOU, KEVIN.

THANK YOU.

ALL RIGHT.

NEXT UP.

AGENDA ITEM

[10. Update on various capital improvement projects, road projects, building program, and/or general operational activities where no action is required. ~ J. Scott Sellers, City Manager]

NUMBER 10 CITY MANAGERS REPORT.

ALL RIGHT, MAYOR COUNCIL.

THE FIRST ITEM IS BOARD COMMISSION, MIDTERM VACANCY, SPECIAL MEETINGS.

SO WE DO HAVE SEVERAL VACANCIES ON THE LIBRARY, BOARD PLANNING, ZONING COMMISSION, AND THEN THE NEWLY CREATED, UH, ARTS COMMISSION.

AND SO THE COUNCIL HAS DISCUSSED CREATING A SPECIAL MEETING FOR THOSE APPOINTMENTS, AND WE WOULD LIKE TO GET THAT SCHEDULED WITH YOU.

SO LOOKING AT THE BEST WAY TO MAKE THAT HAPPEN.

I KNOW WE SENT OUT SOME DOODLE POLLS IN THE PAST ABOUT A REALLY HARD TIME PINNING DOWN A DATE THAT WORKS FOR YOU.

SO I WOULD LIKE YOU TO MAYBE LOOK AT YOUR CALENDARS AND LET US KNOW WHEN WE CAN HAVE THAT MEETING AND SEND THAT OUT TO THOSE CANDIDATES.

WHAT'D YOU, WHAT'D YOU EAT THE DOODLE POLL FOR THIS PARTICULAR, FOR THIS ONE? JUST, JUST A COUPLE OF WE'VE HAD LIKE THE ETHICS TRAINING, YOU KNOW, I HAD A REALLY HARD TIME, SO WE KNOW THAT YOUR SCHEDULES ARE, ARE PRETTY, UH, PACKED RIGHT NOW.

UH, JUST HOPING YOU CAN FIND A TIME AND TALK ABOUT A TIME RIGHT NOW THAT WORKS FOR EVERYONE.

OKAY.

W I GUESS WE CAN START, UH, WITH COUNSEL DECIDING WHETHER WE WOULD LIKE TO DO THIS ON IT ON AN EVENING OR ON A WEEKEND.

DOES ANYBODY HAVE A PREFERENCE? I LIKE THE WEEKEND.

UH, DO WE THINK, BECAUSE WE DO WANT THE PEOPLE WHO HAVE APPLIED TO SHOW UP, DO WE THINK THAT IT WOULD BE EASIER FOR EVERYONE TO ATTEND ON A WEEKEND VERSUS ANY EVENING OR VICE VERSA? COUNCIL MEMBER ELLISON? DO YOU HAVE ANY BOARD MEETINGS ARE ON WEEKDAY EVENINGS AND MAYBE A WEEKEND IN THE MORNING? W WE CAN, WE CAN DO, UH, UH, NON COUNSEL TUESDAY EVENING, IF THAT WORKS.

I KNOW PNC.

OH, THERE THEY'RE ON THE OPPOSITE SCHEDULE OF US.

AREN'T THEY? SO THEY'RE IN HERE.

OKAY.

WELL, THEY, THEY ALL GO UP TO THE, UH, GLASS CONFERENCE ROOM WHENEVER WE NEED THE CHAMBERS.

RIGHT.

WE CAN MAKE THAT WORK.

SO I DON'T THINK WE SHOULD LET THAT STOP US.

IF, IF TUESDAY'S THE AMENABLE DAY, MONDAY, APRIL 11TH, SEVEN, O'CLOCK JUST MAKE, LET'S MAKE A DATE.

LET'S PICK A DATE AND GO WITH IT MONDAY, APRIL 11TH, SEVEN O'CLOCK JENNIFER'S AT WORK WITH OUR SCHEDULE.

WE'RE TALKING ABOUT DATES.

I'M JUST THROWING A DATE OUT THERE.

IT'S ON A MONDAY, NOT ON A WEEKEND.

IT'S NOT ON THE SATURDAY.

AND THIS THOUGHT ON A SUNDAY MORNING,

[01:00:01]

7:00 PM.

YOU SAID WE CAN DO IT IN THE COUNCIL CHAMBERS.

THERE'S FITNESS GOING ON NEXT DOOR.

GREAT.

OKAY, GREAT.

RIGHT.

WE'RE SET.

OKAY.

YES, SIR.

WELL, WE GET THOSE.

UM, ARE WE GOING TO BE LOOKING AT APPLICANTS? YES.

SO WE'LL HAVE THE APPLICATIONS TO YOU BEFORE THEN.

OKAY.

THANK YOU.

OKAY.

NEXT, UH, OUR DIRECTOR OF PARKS AND RECREATION PLANNING ON ESPINOSA.

NO.

OKAY.

OH, CATHY'S MAYOR COUNCIL MEMBER, CATHY RIKER.

AS THE SLIDE SAYS, WE HAD THE GREAT TEXAS RIVER CLEANUP.

IT WAS A SUCCESS AS THE SLIDE SAYS, WE, UH, PICKED UP EIGHT, UH, 2,840 POUNDS OF TRASH, 170 POUNDS OF RECYCLING, ONE TIRE AND 83 VOLUNTEERS.

AND THREE OF THOSE VOLUNTEERS WERE A MAYOR PRO TEM RIZZO, AND COUNCIL MEMBER FLORES, KALE AND COUNCIL MEMBER ELLISON.

SO THANK YOU ALL.

IT WAS GREAT.

THANK YOU, KATHY.

AND NOW I BELIEVE IT'S MARIANNA MARIANNA SPINOZA PARKS, RECREATION DIRECTOR, AND WE ARE NOW, UH, REGISTERING FOR THOSE SUMMER KYLE KUTAS SWIM TEAM, UH, RE REGISTRATION FOR THE SWIM TEAM IS FOR SWIMMERS AGES FIVE TO 17 PRACTICES.

START MONDAY, MAY 2ND, AND THE TUITION FEE PER CHILD FOR THE SEASON.

IT INCLUDES 13 WEEKS OF COMPETITION.

LAST YEAR, WE HAD TWO SUMMERS COMPETE IN THE STATE MEET, AND WE'RE HOPING TO TAKE MORE SWIMMERS THIS YEAR.

AND JUST A COUPLE OF REMINDERS ABOUT OUR FREE PROGRAMS WE HAVE GOING ON EVERY MONDAY AT 7:15 AM AT LAKE KYLE.

WE HAVE SUNRISE YOGA.

THEN EVERY MONDAY AT 5:30 PM AT LAKE KYLE, WE HAVE RECREATIONAL BATON TWIRLING.

ALL RIGHT.

HI, PAUL, HIM DIRECTOR OF LIBRARY.

OKAY, GOOD EVENING.

MAYOR COUNCIL.

I'M PAUL FAILING THE DIRECTOR OF LIBRARY SERVICES.

AND I JUST DIDN'T WANT TO LET YOU KNOW THAT WE HAVE INITIATED A NEW SERVICE AS WE TALK ABOUT MOVING TO THE GOLD STANDARD HERE IN THE CITY.

UM, SO FROM HERE ON OUT FROM 10:00 AM, 6:00 PM ON MONDAY THROUGH FRIDAY, WE'LL BE OFFERING REFERENCE SERVICES.

SO JUST TO GIVE YOU A LITTLE IDEA OF WHAT THAT IS, A LOT OF SMALLER TOWNS WILL HAVE GENERALLY A CIRCULATION DESK OR ONE KIND OF PLACE WHERE YOU GO AND YOU TEND TO GET MORE DIRECTIONAL HELP THERE, AND YOU CAN ASK QUESTIONS.

BUT WHEN YOU GET INTO A LARGER LIBRARY SYSTEM, YOU'LL TYPICALLY HAVE A PERSON WHO IS A LIBRARIAN THAT WILL WORK IN IT IN AN INFORMATION DESK, AND IT GIVES YOU MUCH MORE HANDS-ON HELP.

SO THAT'S WHAT WE'RE DOING NOW.

SO FOLKS THAT WANT TO COME IN, THEY NEED MORE, ONE-ON-ONE HELP WITH THE COMPUTER THAT WE CAN TAKE MORE TIME WITH TO DOWNLOAD VARIOUS APPS.

AS WE TALK ABOUT SMART CITIES AND SO FORTH.

AND AS PEOPLE, YOU KNOW, A LOT OF THESE THINGS ARE VERY EASY TO DO, BUT IF YOU HAVEN'T DONE THEM BEFORE, YOU KNOW, THERE'S SOME TREPIDATION AS YOU THINK ABOUT DOING THAT.

SO WE'LL HAVE SOMEBODY ON THAT DESK.

YOU CAN JUST SEND SOMEBODY OVER, YOU KNOW, WE CAN HELP THEM WALK THEM THROUGH TO DOWNLOAD WHATEVER APPLICATIONS OR THINGS THEY WANT AND HELP THEM THROUGH THAT PROCESS.

SO WE FEEL GOOD ABOUT IT.

AND THAT'S ALL WE GOT FOR YOU.

OH, THANK YOU, PAUL PAUL, I KNOW YOUR DAUGHTER'S GRADUATING.

WHAT'S THE DATE ON THAT? I'M COLLEGE.

YES.

MAY 7TH.

SO SHE IS GRADUATING MAY 7TH.

SO AS WE THINK ABOUT OUR DATES FOR OUR TRIPS OR WHATEVER LIKE THAT, THAT CONGRATULATIONS, BUT THANK YOU VERY MUCH, SIR.

ALRIGHT.

DIRECTOR COMMUNICATIONS, SAMANTHA ARBORIST, SAMANTHA ARMBRUSTER DIRECTOR OF COMMUNICATIONS, AND WE HAVE A WINNER FOR I PIRATE TREASURE HUNT GRANT HELPED ME OUT IF YOU WILL.

THANK YOU SO MUCH.

THIS IS OUR WINNER.

WE DID HAVE 155 PIRATE TREASURE HUNTERS.

SO THANK YOU ALL TO THOSE WHO PARTICIPATED IN CONGRATULATIONS TO THE WINNER.

I'M GOING TO MAKE ANOTHER PLEA.

OH, LET ME GO BACK.

YES, SIR.

I DON'T HAVE HER.

I KNOW THE MOTHER'S NAME, BUT NOT THE, THE WINNER'S NAME.

SO, AND I DON'T KNOW IF THEY WANT EVERYONE KNOWING THAT THEY HAVE $314 IN THEIR POCKET NOW EITHER.

SO I'M GOING TO MAKE ANOTHER PLEA FOR OUR COMMUNITY SURVEY.

WE'RE GETTING CLOSER TO THE GOAL, BUT NOT QUITE THERE.

SO EVERYONE MAKE SURE TO, UH, GET YOUR SURVEY COMPLETED BY APRIL 4TH FOR THE NEXT PRIZE, WE WILL BE AWARDING.

THANK YOU, SAMANTHA.

WE'VE HAVE OUR HUMAN RESOURCES DIRECTORS, SANDRA DWAYNE, GOOD EVENING, MAYOR CITY COUNCIL MEMBERS.

I WOULD LIKE TO, UM, WELCOME OUR NEW MEMBERS TO TEAM KYLE.

WE HAVE NOBERTO CENTENO PARKS, MAINTENANCE TECHNICIAN, JOE GARCIA,

[01:05:01]

STREET MAINTENANCE TECHNICIAN, ALEXANDRA TAYLOR, HR ASSISTANT, JENNIFER COURTNEY TELECOMMUNICATOR.

AND I TOO WAS IN THE PIRATE HUT AND FOUND AN EMERGENCY MANAGEMENT COORDINATOR.

AND HIS NAME IS WILLIAM PIE TO BOSCH.

AND I WOULD LIKE TO WELCOME HIM UPFRONT AND INTRODUCE HIMSELF, GREETINGS EVERYBODY.

MY NAME IS .

I'M VERY HONORED TO BE YOUR EMERGENCY MANAGEMENT COORDINATOR FOR THE CITY OF KYLE.

IT IS A INTERESTING THING TO BE THE FIRST EMC TO DEVELOP YOUR OEM, TO BUILD YOUR EOC.

AND I'M CONFIDENT I CAN MAKE IT SOMETHING THAT EVERYONE'S PROUD OF.

UM, MR. ERIC ASKED ME TO GO INTO THE BACKGROUND A LITTLE BIT.

SO I CAME FROM THE STATE.

UH, MY PREVIOUS JOB WAS IN HAZMATS BEFORE THAT I WAS THE PLANNER TO FOR REGION ONE, WHICH IS THE DFW AREA, HELPING LOCAL GOVERNMENTS BUILD PLANS.

IT'S REALLY NEW FOR ME TO BE ON THIS SIDE OF THAT PARTICULAR LOOKING GLASS, BEING THE LOCALS, DEVELOPING THE PLANS WITH THE ASSISTANCE OF THE REGION, I GUESS HERE WE ARE SIX COORDINATORS.

SO I LOOK FORWARD TO WORKING WITH ALL OF YOU.

THERE ARE GOING TO BE SOME GOOD DECISIONS THAT WE MAKE, AND WE'RE GOING TO BUILD SOMETHING THAT EVERYONE'S GOING TO REMEMBER.

THANK YOU.

THANK YOU.

THANK YOU.

GO AHEAD.

YEAH, JUST A QUICK QUESTION, PLEASE.

UM, WHAT EXPERIENCE HAVE YOU HAD IN, UH, PAST, UH, MAYBE EVENTS THAT HAVE HAPPENED? UH, DO YOU HAVE SOME HANDS-ON EXPERIENCE ON THAT? YES, SIR.

IN TERMS OF RESPONSE TO AN INCIDENT? YUP.

YES, SIR.

I WORKED IN BOTH, UH, NONPROFIT AND STATE SERVICE, UH, WITH THE RED CROSS OR RESPONDED TO A NUMBER OF FLOODING EVENTS TO INCLUDE THE MAYDAY FLOODS, HALLOWEEN FLOODS, HOUSTON FLOODS AT THE DROP OF A HAT.

I'LL BE HONEST.

I'VE BEEN ON FLOODING EVERY OTHER WEEKEND THERE WITH THE STATE, THE LARGER INCIDENTS WHERE HURRICANE HARVEY, THE COVID RESPONSE, WHICH I WAS THE DEPUTY LOGISTICS CHIEF FOR MOVING TO INCLUDE HERE, ACTUALLY MOVING MEDICAL SUPPLIES, DURABLE MEDICAL EQUIPMENT, THAT SORT OF THING FROM ANYWHERE D DSHS HAD THEM TO WHERE WAS WHERE WE NEEDED THAT.

BUT TTM IS EXCELS AND LOGISTICS.

DSHS HAS ALL THE STUFF THEY FOUND OUT THAT IT'S REALLY HARD TO GET THEM FROM POINT A TO POINT B WITHOUT A FLEET OF TRUCKS AND A WHOLE HOST OF CONTRACTS TO MAKE SURE THAT THEY DO WHAT IT IS THAT WE WANT THEM TO DO.

AND THAT IS WHERE I STEPPED IN.

I MANAGED A NUMBER OF CONTRACTORS AND TO INCLUDE SOME SMALL AIRCRAFT FOR A DAY, I GOT TO THE AIRBOSS PATCH FOR JUST ONE DAY MOVING DPS, UH, PLANES, CARRYING TESTS, KITS BACK TO, I THINK, A TESTING FACILITY ALONG THE COAST, SOMEWHERE AT CORPUS.

UM, SO I HAVE SOME EXPERIENCE IN BIG INCIDENTS, SMALL INCIDENTS.

I HAVE SOME EXPERIENCE IN DEVELOPING EMERGENCY OPERATIONS FOR LOCAL GOVERNMENTS.

SO YOU WOULD SAY YOU'RE VERY HANDS-ON IN EMERGENCY.

YES, SIR.

OKAY.

THAT'D BE GREAT.

THANK YOU.

APPRECIATE IT.

THANK YOU, SIR.

UH, I WANT, I'M VERY GLAD THAT YOU'RE ON BOARD.

I KNOW, UH, I'VE BEEN LOOKING FORWARD TO THIS POSITION TO BE OPEN UP IN FIELD FOR QUITE A WHILE NOW.

AND I RUN LUCKY YESTERDAY.

YOUR WHAT'S YOUR FIRST DAY.

YES, SIR.

AS WE HAVE TORNADOES, UH, UP NORTH.

SO THAT SHOWS A GOOD SIGN, THAT, SO WITH THE STORM COMING IN AND IT WAS YOUR FIRST DAY, UH, IT'S SOMETHING THAT'S GOING TO BE NEEDED FOR OUR CITY AND WELCOME ABOARD.

AND I'LL BE LOOKING FORWARD TO WORKING WITH YOU AND I'M SURE YOU HAVE A LOT OF CRITICAL INCIDENT, UH, TRAINING AND FEMA TRAINING AND EVERYTHING LIKE THAT.

SO I START SHARING WITH YOU ALSO BECAUSE THAT RESPONSIBILITY GOES TO EVERYBODY.

YES, SIR.

EXACTLY.

THANK YOU.

THANK YOU.

THANK YOU.

ALL RIGHT.

NEXT UP CIP

[11. CIP/Road Projects and Consent Agenda Presentation. ~ Travis Mitchell, Mayor]

ROAD PROJECTS AND CONSENT AGENDA PRESENTATION, MR. BARBARA.

OKAY.

GOOD EVENING.

MAYOR AND KYLE MAYOR COUNCIL, UH, LEON BARBARA CITY ENGINEERS PLEASING FIRST PROJECT IS HERO'S MEMORIAL PARK.

WE'RE AT 68% COMPLETE.

WE'RE STILL WORKING ON THE SIMILAR ITEMS WE HAD LAST TIME.

UH, THEY'RE FORMING THE MEMORIAL HONOR WALL, INSTALLING THE BRIDGE STRUCTURE FOR AN ADDITIONAL SIDEWALK ALONG WITH THE PERIMETER.

AND THEY'RE STILL EXPECTING TO COMPLETE THE PROJECT IN JULY, LIVE OUT OF THE PARK.

UH, IT'S 47% COMPLETE, UH, WE'RE DIRECTING TO PAVILION AND BATHROOM STRUCTURAL MEMBERS THAT ARE EXCAVATING FOR THE SALT VOLLEYBALL SAND PIT, AND THEY'RE EXCAVATING FOR THE DOG PARK.

AGAIN, THEIR EXPECTED COMPLETION DATE IS JUNE PUBLIC SAFETY CENTER, UH, WAS ASKED TO ADD THIS ON.

AND, UH, WHEN I RECEIVED THE, UH, UH, REPORT FROM THE FOLKS OVER THERE TO TELL ME WHAT WAS GOING ON, THEY SHOWED ME THESE A PHASE TWO PHASE ONE.

SO THE FIRST THING I ASKED, I THOUGHT THIS WAS ONE PROJECT.

AND SO THAT YOU CAN, OH, IF YOU DON'T UNDERSTAND, I NEEDED TO EXPLAIN THAT TO YOU.

APPARENTLY THEY BROKE THIS PROJECT UP INTO FOUR DIFFERENT PHASES AND THE INTENT IS TO DO THE STRUCTURAL STEELWORK AND THEN LET THE OTHER TRADES COME IN LIKE THE MECHANICAL ELECTRICAL PLUMBING, DO THEIR WORK AND FINISH WORK IN THAT FIRST PHASE.

SO YOU CAN SEE WHERE PHASE ONE IS COMPLETE.

THAT'S ON THE RIGHT THAT YOUR CONCRETE SLAB WITH THE DECK AND YOU GOT YOUR MVPS OR YOUR MECHANICAL ELECTRICAL PLUMBING FOLKS WORKING THERE WORKING ON THAT PHASE TWO IS THAT STEEL STRUCTURE.

THAT'S WHAT THEY'RE WORKING

[01:10:01]

ON.

THEN THEY'LL MOVE ON TO PHASE THREE AND PHASE FOUR, WHICH RUN THE LEFT IN AT THE UPPER PORTION OF THAT PICTURE THERE.

AND AGAIN, THEIR COMPLETION DATES EXPECTED TO BE IN FEBRUARY OF 2023, SOUTH SIDE WASTEWATER IMPROVEMENTS WERE ABOUT 96% COMPLETE.

AS YOU CAN SEE IN THE PICTURE, THEY'RE WORKING ON EDWARDS DRIVE, THEY'RE ABOUT HALFWAY THROUGH.

SO WE'RE JUST ABOUT FINISHED WITH THAT SECTION.

THE NEXT SECTION THEY'RE GOING TO BE HITTING WILL BE THE PRIVATE, MOST DIFFICULT PART OF THE PROJECT, WHICH IS RIGHT FOR THE MURRAY PROPERTY WASTEWATER TREATMENT PLANT EXPANSION PROJECT.

WE'RE AT 89% COMPLETE ON THE PLANT ITSELF.

UH, DE-WATERING FACILITY ABOUT 7% COMPLETE, UH, THEY'RE CONTINUING TO WORK SATURDAYS AND SUNDAYS AS NEEDED.

UH, WE'RE GOING TO BE COMPLETING THE OPERATIONS BUILDING.

UH, IT'S SUPPOSED TO BE, UH, WORK LOOKING AT THAT ON MARCH 28TH.

UH, THE TURBO BLOWERS THAT WERE UP IN THE NETHERLANDS AT ONE TIME ARE NOW HERE AT THEIR OWN SITE.

SO THEY'RE BUILDING ONE OF THEM IN ALREADY.

UH, WE, WE KNOW THAT WE HAVE SLIPPED ON THE DATE FOR THE PLANT ITSELF TO APRIL OF 2022 AND THE DE-WATERING FACILITY.

WE SHOULD BE.

WE STARTED ON THAT ALREADY.

SO WE SHOULD HAVE THAT COMPLETED BY AUGUST OF 2022.

WHAT DID HE GIVE YOU AN UPDATE ON OUR DISCHARGE AMENDMENT THAT WE'RE ASKING TCEQ TO LOOK AT AND APPROVE? UM, WE DID SUBMIT IT ON MARCH THE 11TH.

UH, WE DO HAVE THAT OPEN HOUSE STILL SCHEDULED AT PUBLIC WORKS ON APRIL 14TH AT 6:30 PM.

UH, THE APPLICATION THAT WE HAD ASKED COUNCIL TO APPROVE A METHODOLOGICAL TASKS COUNCIL MEETINGS, UH, THAT THE APPLICATION HAS BEEN SUBMITTED HAS BEEN ACCEPTED.

SO NOW WE'RE JUST WAITING FOR THE NOTICE TO, UH, TO BE ABLE TO APPLY FOR THAT AT THE TD TEXAS WATER DEVELOPMENT BOARD, UH, FUND THAT'S THERE, BUT IN CREEK INTERCEPTOR, WE'RE ABOUT 89% COMPLETE.

THE 42 INCH LINE IS READY.

THERE'S TWO SECTIONS OF THIS PROJECT.

THERE'S A 42 INCH SECTION.

OBVIOUSLY IT'S A DOWNSTREAM MAN AND WE HAD THE 36 INCH LINE THAT WE HAD SO MUCH TROUBLE WITH IN GETTING THE PIPE.

UH, THEY DID GET ALL THE PIPE IT'S BEING INSTALLED.

AS YOU CAN SEE, WE'VE GOT OVER A THOUSAND FEET IN THE GROUND.

WE HAVE ANOTHER, ALMOST A THOUSAND FEET TO GO, BUT, UH, WE, UH, UH, ARE WE GOING TO BE RUNNING INTO SOME GAS LINES THAT WE NEED TO BE CAREFUL WITH? SO THAT WILL SLOW US DOWN.

UH, THE ONE GOOD THING ABOUT THAT 42 INCH LINE BEING READY, IT'S READY TO TIE IN TO PARTICULAR SET OF VISIONS THAT HAVE BEEN WANTING TO TIE IN.

WE WERE CONCERNED THEY WERE GOING TO A PUMPING HALL, BUT THAT MAY NOT BE NECESSARY.

SO THE HARVEST CREEK SUBDIVISION AND BEN CREEK RESERVE WILL BE ABLE TO TIE INTO THAT NEW LINE OLD POST ROAD.

COUNTY'S FINISHED, FINISHED THEIR LAST LAYER OF GRAVEL.

UH, THEY'RE GOING TO BE TRYING TO PAVE THAT, UH, EARLY APRIL AND THEN WE'LL BE OPENING UP THAT SECTION.

UH, AND THEN WORKING ON THE NORTH END OF THE SECTION OF THE PROJECT, ALIYAH BRANCH INTERCEPTOR, ABOUT 61% COMPLETE, WE'RE STILL INSTALLING WATERLINES, WASTEWATER LINES AND RECLAIMED WATER LINES.

THEY ARE ALSO DOING WORK ON HIGHWAY 81 AND ALONG SOUTHBOUND FRONTAGE ROAD, OTHER PROJECTS, THIS ONE IS OPEN.

THIS IS ROLAND LANE.

SO THAT'S FINALLY OPEN.

UM, THEY STILL HAVE, WE HAVE HAD A LOT OF ISSUES GOING ON WITH THAT, BUT, UH, IT'S OPEN NOW.

THERE'S STILL SOME CLEANUP AND THINGS THEY NEED TO DO BEFORE WE HAVE OUR WALKTHROUGH ON THAT PROJECT.

THERE'S THREE CONSENT AGENDA ITEMS I WANTED TO BRING TO YOUR ATTENTION.

ONE IS WE HAVE A CONTRACT WE WANT TO AWARD TO A PROTO INCORPORATED, UH, THAT WE'LL BE UPSIZING OUR, UH, INDIAN PAINTBRUSH LIFT STATION.

FROM WHAT I UNDERSTAND THIS LIFT STATION IS ABOUT 20 YEARS OLD AND IT'S GOING TO BE KEPT.

THE CAPACITY IS GOING TO BE INCREASED ON THIS PARTICULAR LIST STATION.

SO THAT'S A GOOD THING TO HELP US WITH FUTURE DEVELOPMENT.

UH, NUMBER 18 IS A TASK ORDER WITH HDR TO COMPLETE THE DESIGN FOR THE STORAGE THAT WE NEEDED.

FM 16, 26.

THIS IS WHERE WE'RE GOING TO BE BUILDING A 1 BILLION GALLON STORAGE FACILITY AT THIS FIRST PHASE.

AND WE'RE ALSO BUILDING ALL THE NECESSARY IMPROVEMENTS THAT WE NEED TO MAKE, OR THE, UH, UH, VARIOUS, UH, UPSIDES AND THAT WE NEED TO DO FOR WHEN WE GET TO PHASE TWO AND PHASE THREE, PHASE TWO AND PHASE THREE OR IN THE FUTURE, UH, THEY'RE BOTH 3 MILLION GALLON STORAGE TANKS.

AND THE REASON WE'RE DOING THIS RIGHT NOW IS THAT WE'RE ANTICIPATING ALL THIS.

THIS IS GOING TO BE THE TAKE POINT FOR THE ARWA LOCATION, ALL THE, OUR WATER, THEY WERE GETTING TO AMERICAN ALLIANCE OF REGIONAL WATER AUTHORITY TO BRING US A BUNCH OF WATER.

THIS IS OUR TANK POINT FOR ALL THE WATER THAT WE'LL BE GETTING FROM THEM.

NUMBER 22 IS WE'RE GRANTING AN EASEMENT TO PEC, SO HE CAN DO THE WORK AT THE HERO'S MEMORIAL PARK.

ANY QUESTIONS? YES.

ANY QUESTIONS FOR LEON CUSTOMER? TOBY IS, UH, MAYBE I MISSED IT.

ELLIOT RANCH SAID UP, HOW'S THAT LOOKING STILL? IT'S GOING TO SCHEDULE, IT'S GOING TO SCHEDULE COUNCIL MEMBER.

UH, WE'RE WE'RE ABOUT TWO BLOCKS AWAY FROM TYING INTO SCOTT STREET.

THAT'S REALLY THE GOAL OF THIS PROJECT RIGHT NOW.

SCOTT STREET HAS A 21 INCH WASTEWATER LINE THERE THAT'S TIED INTO AN EIGHT INCH WASTEWATER LINE.

SO THAT'S THE REASON WE'RE PUTTING A BRAND NEW 21 INCH THERE AT A TIME TO THAT LINE.

THAT WAS THE MAIN FOCUS OF THIS PROJECT IS TO MAKE TYING TO THAT SCOTT STREET.

SO WE CAN ADD MORE OF THAT, MORE OF THAT DEVELOPMENT ON THE WEST SIDE OF TOWN.

[01:15:01]

SO IT'S, IT'S, IT'S PRETTY, IT'S GOING ALONG.

WELL, I HAVE TO COME, OKAY.

MAYBE TWO A MONTH OR TWO THERE'S WATER WASTEWATER, RECLAIMED WATER.

THEY NEED TO PUT IN, THEN WE NEED TO DO SOME STREET REPAIRS, STREET RESURFACING.

SO WE'RE PROBABLY LOOKING AT JULY LAST.

I ASKED HIM, IT LOOKED LIKE ABOUT JULY TO ACTUALLY COMPLETE THE PROJECT.

AGAIN, I'M REALLY HOPING THAT WE CAN GET THAT 21 INCH UP TO SCOTT STREET SO WE CAN OPEN UP THAT LINE.

THAT'S THERE.

OKAY.

HAVE A RELATIVE THAT LIVES OUT THERE IS SHE TEXT MESSAGES, ME, MY AUNT.

AND SHE'S LIKE, WHEN IS HE GETTING THEM, MR. MICHAEL, WE'RE DOING OUR BEST.

SO I'LL JUST LET HIM KNOW THAT ISSUE IS JUST TAKING SOME TIME.

I APPRECIATE IT.

THANK YOU.

YOU'RE WELCOME.

ANYONE ELSE? MAYOR PRO TEM.

YEAH.

HI LEON.

YEAH.

GREAT, UH, REPORT ON HERE'S MEMORIAL PARK, UH, EXCITING TO SEE THE BRIDGE COMING TO FRUITION AND, UH, THE MASSIVENESS OF THE PROJECT.

ALSO A LOVELY PARK, UH, IS, IS A GREAT REPORT ON THAT, UH, PUBLIC SAFETY CENTER.

IT'S EXCITING ABOUT THE ROOF LINES COMING IN.

UH, WHEN I FIRST SAW THAT I REALLY GOT EXCITED.

I'VE BEEN VISITING ALL THREE PROJECTS WEEKLY AND, UH, THE REPORT YOU GAVE US IS DEAD ON.

SO THANK YOU FOR THAT.

APPRECIATE IT.

I'D ALSO LIKE TO PASS KUDO UNDER PUBLIC WORKS DEPARTMENT, THEY DID A COMPLETE PAVING OF THE MARTINEZ LOOP.

YEAH, THEY DID.

THEY DID A GREAT JOB ON IT.

I TAUGHT IT YESTERDAY.

UM, ONE OF THE RESIDENTS POINTED OUT, UH, SOME PIPES THAT WE HAD LEFT OUT THERE, BUT I KNOW PUBLIC WORKS WAS GOING TO JUMP ON THAT AND GET IT OUT OF THERE.

SO DEFINITELY, BUT THE PRESIDENTS WERE REALLY EXCITED ABOUT THAT.

UH, IT'S ONE OF OUR OLDER NEIGHBORHOODS AND I'M GLAD THAT THEY FEEL IMPORTANT AND NOT LEFT OUT.

SO IT WAS GREAT.

UH, AND THEN JUST, UM, THE LAST THING IS A ROLLING LANE.

THANK YOU FOR FINALLY GETTING THAT OPEN.

THERE'S ANY LESSONS TO BE LEARNED FROM THAT, WITH THE QUIET ZONES, UH, PUT A DOCUMENT TOGETHER JUST SO THAT WE CAN, THE NEXT PROJECT WE CAN BE READY, WHETHER IT'S SO POOR SOMEWHERE NEARBY, RIGHT? YEAH.

I APPRECIATE IT.

YES, SIR.

THANK YOU, SIR.

ANYONE ELSE? ALL RIGHT.

THANK YOU, LEON.

OUR NEXT STEP

[V. Consent Agenda]

IS THE CONSENT AGENDA.

UM, I'VE BEEN REQUESTED TO PULL AGENDA ITEM NUMBER 20, OR ARE THERE ANY OTHER ITEMS THAT, UH, COUNCIL WOULD LIKE TO PULL CUSTOMER FORCE KALE? CAN I PLEASE PULL AGENDA ITEM 15? UM, AND THAT'S IT.

ANY OTHER ITEMS MAYOR I'D LIKE TO MAKE A MOTION TO PRESENT TO A I'M SORRY.

I HAD TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS 12 THROUGH 22, EXCLUDING 15 AND 22ND MOTION BY MAYOR PRO TEM, UH, RIZZO SECONDED BY CUSTOMER FORCE, KALE THAT WE APPROVE AGENDA ITEMS. NUMBER 12 THROUGH 22, EXCLUDING ITEM 15 AND 20.

IS THERE DISCUSSION ON THAT MOTION? ALL IN FAVOR, SAY AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

UM, ALL RIGHT.

NEXT STEP IS TO AGENDA

[23. (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of assigning original zoning to approximately 201.4 acres of land from Agriculture ‘A’ to Single Family Residential-1 ‘R-1-1’ for property located at 1899 Six Creeks Blvd, in Hays County, Texas. (Blanco River Ranch Properties, LP - Z-22-0097) ~ Will Atkinson, Senior Planner]

ITEM NUMBER 23.

IT'S THE FIRST OF A PUBLIC HEARING ACTION ITEM.

UH, AN ORDINANCE AMENDING CHAPTER 53 ZONING OF THE CITY OF KYLE TEXAS FOR THE PURPOSE OF ASSIGNING ORIGINAL ZONING TO APPROXIMATELY 200, 1.4 ACRES OF LAND FROM AGRICULTURE TO A SINGLE FAMILY, RESIDENTIAL FOR PROPERTY LOCATED AT 1809 6 CREEKS BOULEVARD.

UH, THIS ITEM HAS A PUBLIC HEARING.

IT'S GOING TO BE ASSOCIATED WITH ITEMS, UH, FURTHER DOWN.

SO MY THOUGHT WAS TO OPEN UP, HAVE THE PUBLIC HEARING, AND THEN WE WOULD BRING IT BACK, UH, WITH, UH, THE OTHER ITEMS THAT ARE TO BE DISCUSSED RELATED TO ITEM NUMBER 23.

YEAH, WE'LL COME RIGHT BACK TO IT.

ALL RIGHT.

IF THERE ARE NO OBJECTIONS I'M GOING TO OPEN, THE PUBLIC HEARING IS NOW OPEN.

IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT, I'M GOING TO LEAVE THAT PUBLIC HEARING OPEN AND WE WILL SKIP DOWN TO AGENDA ITEM

[24. (First Reading) An ordinance Authorizing the Issuance of City of Kyle, Texas Special Assessment Revenue Bonds, Series 2022 (Plum Creek North Public Improvement District Major Improvement Area Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date; and Accepting and Approving an Amended and Restated Service and Assessment Plan and Updated Major Improvement Area Assessment Roll. ~ Gregory Miller, Bickerstaff Heath Delgado Acosta LLP]

24.

UH, THIS ONE IS ALSO NEEDS TO GO WITH AN ITEM FURTHER DOWN 34, BUT WE'RE GOING TO OPEN THE PUBLIC HEARING NOW AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF KYLE TEXAS SPECIAL ASSESSMENT REVENUE BOND SERIES 2022, PROVING, UH, FOR THE PLUM CREEK NORTH PUBLIC IMPROVEMENT DISTRICT, UH, MAJOR IMPROVEMENT AREA, APPROVING AND AUTHORIZING IN, IN DINGY, UH, INDENTURE OF TRUST, A BOND PURCHASE AGREEMENT, LIMITED OFFERING MEMORANDUM, UH, CONTINUING DISCLOSURE AGREEMENT, UH, AND OTHER AGREEMENTS IN DOC, UH, DOCUMENTS AS, UH, CONNECTED.

THIS ITEM HAS A PUBLIC HEARING.

IF THERE'S NO OBJECTION, I'M GOING TO OPEN THE PUBLIC HEARING.

NOW IT'S NOW OPEN.

IS THERE ANYONE WHO WAS JUST COME FORWARD? ALL RIGHT.

SEEING NONE, I'M GOING TO LEAVE THIS PUBLIC HEARING OPEN, UH, THE WOULD Y'ALL RATHER BRING THIS ITEMS CONNECTED TO ITEM NUMBER 34.

WOULD YOU RATHER BRING ITEM NUMBER 34 UP NOW, UH, AND DISCUSS THIS PARTICULAR ONE OR WAIT.

ALL RIGHT.

I'M GOING TO WAIT.

ALL RIGHT.

NEXT

[25. (First Reading) An ordinance Authorizing the Issuance of City of Kyle, Texas Special Assessment Revenue Bonds, Series 2022 (Plum Creek North Public Improvement District Improvement Area #1 Project); Approving and Authorizing an Indenture of Trust, a Bond Purchase Agreement, a Limited Offering Memorandum, a Continuing Disclosure Agreement, and Other Agreements and Documents in Connection Therewith; Making Findings with Respect to the Issuance of Such Bonds; Providing an Effective Date; and Accepting and Approving an Amended and Restated Service and Assessment Plan and Updated Improvement Area #1 Assessment Roll. ~ Gregory Miller, Bickerstaff Heath Delgado Acosta LLP\]

UP, UH, GENDER ITEM, NUMBER 25 AND ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF KYLE TEXAS, SPECIAL ASSESSMENT REVENUE, BONDS.

UH, THIS ALSO CLUB CREEK NORTH IMPROVEMENT DISTRICT, UH, AREA NUMBER ONE.

UM, UH, THIS ITEM HAS A PUBLIC HEARING.

IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING AND LEAVE IT OPEN.

UH, IS THERE ANYONE IN THE AUDIENCE WHO WISHES

[01:20:01]

TO COME FORWARD AND SPEAK ON THE SIDE OF, ALRIGHT, THIS ITEM GOES WITH ITEMS NUMBER FURTHER DOWN.

WELL, LET'S SEE.

THOSE ARE PLUM CREEK.

SO THERE'S 25 GO WITH 34 AS WELL, 24 AND 25 GO WITH 34.

ALL RIGHT.

WE WILL BE THERE MOMENTARILY 25.

ALL RIGHT.

NEXT UP IS AGENDA ITEM NUMBER 26, OR I'M SORRY, ITEMS PULLED

[VII. Items Pulled from Consent Agenda]

FROM CONSENT.

SO WE'LL GO BACK TO ITEM NUMBER 15, AUTHORIZE AWARD AND EXECUTION OF A PURCHASE ORDER.

WLLE, UH, LLC IN AN AMOUNT NOT TO EXCEED $256,437 25 CENTS FOR IRRIGATION AT GREG CLARK PARK SPORTS FIELD, UH, CUSTOMER FLOORS KILL.

THANK YOU.

HI, UM, MY QUESTION IS MORE FOR THE CITY.

I LOVE W L E SO, UM, OKAY.

HI.

UM, SO CAN YOU TELL ME, IS THIS, IS THIS A BEAUTIFICATION DEPARTMENT OR IS THIS PARKS AND REC? THIS IS PARKS AND RECREATION.

OKAY.

THAT'S ALL I WANT TO KNOW.

ALL RIGHT.

AND WITH THAT, I'D LIKE TO, UM, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 15 MOTION BY CUSTOMER FLOORS, KALE SECOND, AND BY MAY APPROACH AND RIZZO, IS THERE DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

UH, IT'S BEEN REQUESTED TO POSTPONE AGENDA, UH, NUMBER 20 TO LOOK INTO SOME MATTERS.

SO IF THERE ARE NO OBJECTIONS, WE'RE GOING TO BRING DOWN BACK.

ALRIGHT, THANK YOU.

UH, NEXT UP AGENDA ITEM

[26. [Postponed 2/15/2022] (Second Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas for the purpose of assigning original zoning to approximately 5.13 acres of land from ‘A’ Agriculture to ‘W’ Warehouse District for property located at 1351 Bunton Creek Rd, in Hays County, Texas. (Abel and Linda Tenorio - Z-21-0093) ~ Will Atkinson, Senior Planner]

NUMBER 26, A SECOND.

READING AN ORDINANCE AMENDING CHAPTER 53 OF THE CITY OF KYLE TEXAS FOR THE PURPOSE OF ASSIGNING ORIGINAL ZONING TO APPROXIMATELY 5.13 ACRES OF LAND FROM AGRICULTURE TO WAREHOUSE DISTRICT, UH, FOR PROPERTY LOCATED AT 1351 BUTTONED CREEK ROAD.

UH, SECOND READING, MR. ATKINSON, IS THERE ANYTHING TO ADD TO IT? NOPE.

LOOK, TO MAKE A MOTION TO APPROVE SECOND MOVE BY THE MAYOR.

SECOND BY A MAYOR PRO TEM RIZZO.

IS THAT DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES FIVE TO TWO.

ALRIGHT.

UH, NEXT UP IS AGENDA

[27. [Postponed 1/4/2022] Consider approval of an extension to the Rate Stabilization Agreement between Monarch Utilities I L.P. and City of Kyle. ~ J. Scott Sellers, City Manager]

ITEM NUMBER 27 WITH RATES, UH, CONSIDER APPROVAL OF AN EXTENSION TO THE RATE STABILIZATION AGREEMENT BETWEEN MONARCH UTILITIES AND THE CITY OF KYLE.

MR. SELLERS.

I BELIEVE YOU SAID YOU WANT TO POSTPONE AGAIN, SIR? THAT'S CORRECT.

ALL RIGHT.

IF THERE ARE NO OBJECTIONS WE'RE GOING TO MOVE ON.

UH, NEXT UP IS

[28. Consider and possible action to approve an Interlocal Agreement regarding City of Kyle Reinvestment Zone No. 3 by and between the City of Kyle, Texas and the County of Hays, Texas. ~ Paige Saenz, City Attorney]

[29. (Second Reading) An ordinance of the City Council of the City of Kyle, Texas, designating a contiguous geographic area within the City of Kyle, Texas as Reinvestment Zone Number Three, for the purposes of Tax Increment Financing and creating a Board of Directors. ~ Paige Saenz, City Attorney]

[30. Consider and possible action to approve an agreement regarding the Dissolution of a Public Improvement District (Savannah Ranch Development). ~ Paige Saenz, City Attorney]

[31. Consider and possible action to approve a Resolution of the City Council Authorizing and Creating the Savannah Ranch Public Improvement District in accordance with Chapter 372 of the Texas Local Government Code; Providing for Related Matters; and Providing an Effective Date. ~ Paige Saenz, City Attorney ]

[32. (Second Reading) An ordinance of the City of Kyle, Texas, annexing 201.377 acres of land, 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]

[33. Consider and possible action to approve a Development Agreement by and between the City of Kyle, Texas and Blanco River Ranch Properties LP and Toll Southwest, LLC, for the Savannah Development. ~ Paige Saenz, City Attorney]

AGENDA ITEMS 28, 29 31, 2 AND THREE ARE ALL RELATED TO, UH, BLINKER RIVER RICH, UM, UH, MS. SIGNS, IS THERE AN UPDATE YOU WANT TO GIVE BEFORE WE OPEN THESE ITEMS? MARIN COUNCIL, PAGE SCIENCE CITY ATTORNEY FOR THE RECORD, UH, THE UPDATE I'D LIKE TO GIVE YOU ON THESE ITEMS ARE THAT WE HEARD BACK FROM THE COUNTY REGARDING THE COUNTY, UH, INTER-LOCAL AGREEMENT, WHICH IS THE DOCUMENT THAT, UM, HIS, UM, SETS FORTH, THE AGREEMENT BETWEEN THE CITY AND THE COUNTY REGARDING THE COUNTIES LEVEL OF PARTICIPATION IN THE PROPOSED HERS THAT IS PROPOSED TO BE CREATED FOR THIS PROPERTY.

UM, THE, THEY ARE GOING TO THE CITY.

THE COUNTY ATTORNEY IS GOING TO TAKE BACK THE COUNTY ILA TO THE COMMISSIONER'S COURT NEXT WEEK BECAUSE THE TERS IS PROPOSED TO HAVE A 40 YEAR TERM.

UM, IT DOESN'T ANTICIPATE ANY ISSUES THERE, BUT THE COMMISSIONER'S COURT HAD DISCUSSED A 20 TO 25 YEAR TERMS. SO HE WANTS TO MAKE SURE THEY'RE APPRISED OF THAT AND ARE IN AGREEMENT WITH IT.

IT'S A 40 YEAR TERM BECAUSE, UM, THE TERS NEEDS TO HAVE THE SAME LIFE AS THE PIT BONDS THAT ARE PROPOSED TO BE ISSUED.

AS PART OF THIS PROJECT, WE HAVE, UH, THE CITY'S PYD CONSULTANT HERE WHO CAN SPEAK MORE TO THE DETAILS OF THAT ISSUE FOR YOU TONIGHT, SO THAT YOU HAVE THAT INFORMATION, BUT THAT IS ONE UPDATE.

THE SECOND UPDATE IS THAT, UH, WE HAVE WORKED, UH, WORKED VERY DILIGENTLY WITH THE DEVELOPER AND SELLER TEAM ON THE DEVELOPMENT AGREEMENT.

THERE ARE STILL SOME TERMS TO BE WORKED OUT THAT WE WOULD LIKE TO HAVE ADDITIONAL TIME TO FINALIZE, TO MAKE SURE THE AGREEMENT IS, UM, IN GOOD SHAPE FOR THE COUNCIL.

WHAT WE CAN DO TONIGHT, UH, IS WE HAVE THE PIT CONSULTANTS, CITY'S PIT CONSULTANT, AND WE HAVE THE DEVELOPER TEAM HERE TO ANSWER ANY QUESTIONS AND PROVIDE YOU ANY INFORMATION ABOUT THE TERS PID FINANCING STRUCTURE.

NUMBER ONE, NUMBER TWO, FOR YOU TO RECEIVE ANY INFORMATION FROM THE DEVELOPER TEAM REGARDING THE PROJECT.

OKAY.

UH, MR. ROSENBERG, YOU WANT TO COME FIRST? NOPE.

NOT ON THE PIT, NOT ON THIS ONE.

THE OTHER ONE.

I OH, IS IT JOHN? JOHN SNYDER IS HERE FROM .

YEAH, I GOT, I GOT CONFUSED, BUT YEAH, GO AHEAD, JOHN.

SORRY.

HI, GOOD EVENING.

UH, JOHN SNYDER FOR THE

[01:25:01]

RECORD WITH T3 WORKS, THE CITY'S PIT ADMINISTRATOR.

I'M JUST GONNA GIVE A REAL HIGH LEVEL OVERVIEW, AND THEN I CAN ANSWER ANY QUESTIONS THAT WE CAN HAVE A DEVELOPER COME UP AND PRESENT THOSE AS WELL.

SO ESSENTIALLY HOW THE PYD TERS, UH, OVERLAY WORKS IS THE PIT ASSESSMENT IS, IS LOVING JUST LIKE NORMAL BONDS ARE SOLD SECURED BY THAT FOOT ASSESSMENT.

UH, WHAT MAKES IT A LITTLE BIT DIFFERENT IS THEN THERE'S THE TERRORS OVERLAID ON IT TO BUY THE, THE TAX RATE DOWN THAT THE FACT OF PAYMENT THAT THE HOMEOWNERS SEE TO THIS MORNING, THE MARKET MARKET LEVEL.

AND SO THEY'RE TRYING TO GET THE RATE DOWN TO ABOUT $2 AND 95 CENTS, UH, TO DO THAT.

THEY NEED 32 CENTS FROM THE TOURERS TO GET YOU DOWN TO 2 95, WHERE THEY FEEL THAT THEY CAN SUCCESSFULLY MARKET THE HOMES.

UM, AND SO WITH THAT, IT'S ABOUT A 30, UH, JUST UNDER 37% CONTRIBUTION BY BOTH THE CITY AND THE COUNTY.

UM, AS PAIGE MENTIONED, IT'S A 40 YEAR TERM, BUT REALLY IT'S EACH, EACH BOND SERIES IS 30 YEARS.

AND SO IT WOULD BE LINKED TO EACH SERIES OF BONDS.

SO IF, IF A HOME WAS IN IMPROVEMENT AREA ONE, THE BONDS WOULD BE SOLD FOR 30 YEARS.

THE TERMS INCREMENT GENERATED BY THAT HOUSE WOULD GO FOR 30 YEARS AND THEN IT WOULD SHUT OFF BECAUSE THOSE BONDS WILL BE PAID OFF.

BUT THE HOUSE THAT WAS BUILT WITH IMPROVEMENT AREA THREE MAY NOT IMPROVEMENT.

ANY THREE BONDS ARE ISSUED UNTIL YEAR SIX.

SO THAT WOULD GO FROM YOUR 60 OR 36.

SO THE TOURISM ITSELF HAS A 40 YEAR LIFE, BUT REALLY IT'S, IT'S LIMITED TO 30 YEARS KIND OF PER, PER PARCEL.

UM, AND THAT'S, THAT'S A VERY HIGH LEVEL OVERVIEW OF HOW THE STRUCTURE WORKS, BUT AGAIN, I CAN GET INTO ANY OF THE DETAILS ABOUT WHAT'S BEING FUNDED OR, UM, SPECIFICS ON THE DOLLARS IF THE, ALL THE BIKE, ANYBODY HAVE ANY QUESTIONS FOR MR. SNYDER, CUSTOMER PARSLEY.

UM, DO YOU HAVE THE CODES OR THE CHAPTERS WHERE I CAN FIND HOW THAT PICTURES WORKS? SO CHAPTER THREE 11 OF THE TAX CODE GOVERNS THE TERS AND 3 72 OF THE LOCAL GOVERNMENT CODE GOVERNS THE PIDS, UM, HOW THE TWO INTERRELATE IT'S, IT'S NOT SPELLED OUT, I GUESS, IN, IN STATUTE THERE'S IT'S BEEN DONE.

UM, I WOULD SAY DOZENS OF TIMES IN TEXAS IN TERMS OF, UH, ISSUING BONDS THAT HAVE THE PIT WITH THE TOURISTS OVERLAY.

UM, SO THERE'S, THERE'S PLENTY OF, UM, BOND DOCUMENTS THAT I, THAT I CAN SHARE WITH YOU.

UM, BUT IN TERMS OF HAVING A, UH, SECTION OF THE STATUTE THAT TALKS ABOUT THE PIT AND THE TURNERS, UH, WORKING TOGETHER IS, IS NOT A SPELL THAT BECAUSE I HAVE THE TERMS IN HERE, I JUST WANT TO SEE PICTURES TOGETHER TO MAKE SURE THAT WHAT WE ARE DOING IT'S UNDER PRO CHAPTERS OR CODES, OR WE'RE NOT DOING ANYTHING THAT WE'RE NOT SUPPOSED TO DO.

SO YEAH, I WOULD LIKE TO SEE SOMETHING LIKE THAT.

SURE.

SO, AND TO BE CLEAR, IF WE DON'T HAVE THE SERVICE AND ASSESSMENT PLAN PREPARED YET FOR THIS PROJECT, WE DO HAVE A PRELIMINARY PROJECT FINANCE PLAN FOR THE TERMS PUT TOGETHER.

BUT ONCE THE SERVICE AND ASSESSMENT PLAN JUST PUT TOGETHER, YOU'LL SEE IT AT THE IMPROVEMENTS MATCH UP IDENTICALLY.

SO THE PIT AND THE TERMS ARE FUNDING.

THE EXACT SAME SET OF IMPROVEMENTS IN BOTH OF THEM ARE AUTHORIZED UNDER BOTH THE TERMS ACT AND THE PIT ACT.

AND SO BOTH SETS ARE FUNDING THE SAME SET OF IMPROVEMENTS.

THE BONDS ARE WHAT ACTUALLY PAYS FOR THE IMPROVEMENTS.

AND THEN THE TERS IS FUNDING THOSE IMPROVEMENTS.

THEN IT'S ALLOWED TO FIND BY PAYING DOWN, UH, THE PIT ASSESSMENTS IT'S CONTRIBUTING TO THE IMPROVEMENT COSTS THROUGH THE PIT.

UH, BUT THEY ARE ALL FUNDING IMPROVEMENTS THAT ARE AUTHORIZED BY BOTH, BUT I'D BE HAPPY TO SEND YOU, UH, LINKS TO THE STATUTES.

THEN I CAN SEND YOU A FEW, UH, BOND TRANSCRIPTS THAT DESCRIBE HOW THOSE, HOW THOSE TWO WORK TOGETHER.

THANK YOU.

THANK YOU.

HI.

UM, WHOSE IDEA WAS IT TO, TO FORM A PART A TERS PID? I BELIEVE THE DEVELOPER PROPOSED, UM, BUT I, I CAN'T BE CERTAIN.

OKAY.

MR. SELLERS, IS THERE ANY WAY TO FIGURE OUT WHO PROPOSES THE TOURIST BID DEVELOPERS HERE? WE CAN ASK, UH, GOOD MORNING, UH, AFTERNOON.

I WAS GOING TO START WITH MORNING.

IT'S A LITTLE LATE FOR THAT.

UH, I'M MIKE BOSWELL WITH TOLL BROTHERS.

UM, I'M GOING TO GIVE YOU TWO ADDRESSES.

ONE'S THE CEDAR PARK ADDRESS? UH, 1320 ARROW POINT DRIVE, SUITE 4 0 1, CEDAR PARK, 7 8, 6 13, AND THEN 2 5, 5, 5 SOUTHWEST BRIGHTLINE PARKWAY, SUITE 400, UH, GRAPEVINE, TEXAS 7 6 0 5 1.

UM, SO IF YOU DON'T MIND, LET ME JUST GO THROUGH MY PRESENTATION AND THEN WE CAN GET INTO THE QUESTIONS AND WHATNOT.

UM, I THINK THAT'S THE FAIR WAY TO DO IT.

SO IF WE CAN GET OUR PRESENTATION UP, UM,

[01:30:01]

I'D LIKE TO JUST GO THROUGH THIS VERY QUICKLY, BECAUSE I THINK THAT'S GOING TO ANSWER YOUR QUESTION.

THERE'S A SLIDE THAT SPECIFICALLY DEALS WITH THAT.

AND I UNDERSTAND THAT I HAVE VERY SPECIFIC QUESTIONS BEFORE I'VE, I'VE, I'VE LOOKED, I'VE BEEN ON THE PROPERTY.

I'M VERY FAMILIAR WITH IT.

UM, BEFORE WE GET TO STEP C, I WOULD LIKE TO MAKE SURE STEP A HAS BEEN COVERED.

SO WE'RE NOT WASTING OUR TIME AND YOU'RE NOT WASTING YOUR TIME AND, AND IT'S NOT COSTING PEOPLE, UM, TIME AND MONEY.

SO THE REASON WHY I ASK WHY, UM, OR WHO PROPOSED A TERSE PID IS BECAUSE ACCORDING TO THE CODE SECTION 3, 1, 1 0.05, THE CRITERIA THAT WE'RE USING IS SECTION TO BE PREDOMINANTLY OPEN OR UNDEVELOPED, AND BECAUSE OF OBSOLETE PLANNING, DETERIORATION OF STRUCTURES OR SITE IMPROVEMENT, OR OTHER FACTORS SUBSTANTIALLY IMPAIR OR ARREST THE SOUND GROWTH OF THE MUNICIPALITY OR COUNTY.

SO MY QUESTION IS HOW, AND IT'S PROBABLY GOING TO BE FOR PAGE.

HOW DID YOU GUYS DEFINE SECTION TWO FOR THE USE OF THIS TERSE? I THINK HE'S GOING TO GO THROUGH THAT IN THIS PRESENTATION.

IF I CAN WANT A PAGE, PLEASE ANSWER HER QUESTION.

I WOULD APPRECIATE THAT W TH THE PROJECT PLAN SETS OUT SOME OF THE PROVISIONS RELATED TO THE FINDINGS THAT THE TERS ORDINANCE AND THE PROJECT PLAN ADDRESS FINDINGS RELATED TO WHETHER THE PROPERTY IS UNDEVELOPED, UM, SUFFICIENT, THAT UTTERS IS REQUIRED TO ASSIST WITH THAT DEVELOPMENT.

UM, AND SO THOSE ARE SOME FACTUAL FINDINGS THAT THE COUNCIL ULTIMATELY MAKES DEPENDING ON THE FACTS AND SYRUPS CIRCUMSTANCES.

SO ARE YOU SAYING, BECAUSE IT'S UNDEVELOPED IT QUALIFIES.

THAT IS NOT WHAT THAT IS NOT THE ONLY FACTOR THAT THE CITY COULD CONSIDER.

YOU CAN CONSIDER WHETHER THERE ARE INSUFFICIENT UTILITIES, ROADS, UM, AND THAT TYPE OF INFRASTRUCTURE TO, FOR THE DEVELOPER, FOR THE PROPERTY TO DEVELOP AS CURRENTLY, UM, IN ITS CURRENT STATE.

SO THOSE ARE SOME OF THE FACTORS THAT COUNCIL CAN CONSIDER.

SO WHERE'S THAT AT, IN SECTION SECTION THREE 11, WHERE IT SPECIFICALLY SAYS ROADS WELL, I DON'T, I DON'T KNOW THAT WE'RE GOING TO BE ABLE TO GET THROUGH ANY, I'M NOT EXACTLY SURE WHAT YOU'RE TRYING TO DO HERE, BUT WE HAVE A PRESENTATION READY TO GO WHEN HE'S SAYING HE'S READY TO, I UNDERSTAND THAT.

I UNDERSTAND THAT I WOULD JUST LIKE TO FINISH MY QUESTIONS.

UM, CAUSE MY CONCERN IS SECTION THREE 11.003.

THE PROCEDURES FOR CREATING A REINVESTMENT ZONE SAYS A IF THE GOVERNING BODY DETERMINES, WHICH IS US AS COUNCIL, THAT THE DEVELOPMENT OR REDEVELOPMENT WOULD NOT OCCUR, CERTAINLY THROUGH PRIVATE INVESTMENTS IN THE REASONABLE FORESEEABLE FUTURE.

IT WOULD QUALIFY.

WHEN I SPOKE WITH THE LAND OWNER, HE SAID IT WAS GOING TO HAPPEN EITHER WAY, WHETHER IT BE IN THE COUNTY OR WHETHER IT BE IN THE CITY.

SO THEN MY QUESTION IS, DOES IT QUALIFY UNDER SECTION TWO THAT WE PUT IN THE REPORT? UM, I'M LOOKING INTO STUFF.

THOSE ARE FACTORS FOR THE COUNCIL TO CONSIDER BASED ON INFORMATION PROVIDED DURING THE PROCESS FOR CREATION OF THE TEACHERS.

AND YOU ARE ENTITLED TO ASK THAT FOR THAT INFORMATION.

THE DEVELOPER HAS SOME INFORMATION FOR YOU TO CONSIDER TONIGHT AND YOU CAN ASK QUESTIONS RELATED TO THOSE FACTS, PROVIDED TO YOU AND DECIDE IF THAT IS SUFFICIENT TO SUPPORT, WHETHER IT MEETS SUBSECTION TWO, WHICH IT IS PREDOMINANTLY OPEN OR IN DEVELOPED ANY OTHER, BECAUSE OF OBSOLETE PLANNING, THERE'S A SERIES OF ITEMS THAT COULD SUPPORT THAT IT IS QUALIFIES FOR UTTERS.

UM, ONE OF THE ITEMS ON THERE IS PREDOMINANTLY OPEN OR UNDEVELOPED AND DUE TO OTHER FACTORS, SUBSTANTIALLY IMPAIR OR ARREST THE SOUND GROWTH OF THE MUNICIPALITY OR THE COUNTY.

SO WHAT HAS BEEN, WHAT WE HAVE UNDERSTOOD IN REVIEWING THIS PROJECT IS THAT BECAUSE OF THE, UM, THERE'S A LARGE COST ASSOCIATED WITH PUBLIC IMPROVEMENTS THAT NEED TO BE INSTALLED ON THE PROPERTY.

AND THE DEVELOPER CAN GO INTO THAT IN MORE DETAIL, AS FAR AS THE COSTS, BUT THERE'S A LARGE AMOUNT OF OFFSITE IMPROVEMENTS THAT NEED TO BE CONSTRUCTED ON THE PROPERTY IN ORDER FOR THE PROPERTY DEVELOP AS PROPOSED.

OKAY, UNDERSTOOD.

[01:35:01]

SO IT'S YOUR, IT'S YOUR LEGAL OPINION THAT EVEN THOUGH THIS DEVELOPMENT IS GOING TO OCCUR WITH OR WITHOUT THE CITY, THAT IT QUALIFIES FOR A TERSE, I'M NOT GIVING A LEGAL OPINION RIGHT NOW, THIS IS SO THESE ARE FACTUAL PROVISIONS FOR THE COUNCIL TO CONSIDER AND MAKE A DETERMINATION.

IF YOU WANT A LEGAL OPINION, THEN I WOULD WANT TO, IT'S A FACTUAL DETERMINATION BY THE COUNCIL AS WELL AS A LEGAL OPINION.

AND SO THE COUNCIL NEEDS TO REVIEW THE FACTS AND DETERMINE WHETHER IT DID.

IT BELIEVES THAT THE CIRCUMSTANCES SUPPORT THE TERS AS WELL UNDERSTOOD.

AND THAT IS WHY I WENT AND I TALKED TO THEM AND THEN I LOOKED AT THIS LAW AND THEN I MET WITH STAFF, BUT AT THE END OF THE DAY, THIS COUNSEL NEEDS LEGAL ADVICE.

SO THAT IS WHY I ASKED YOU YOUR LEGAL OPINION REGARDING IF THIS AREA QUALIFIES FOR A TERSE TO BEGIN WITH.

I UNDERSTAND, I SUGGEST THAT COUNCIL TAKE INTO ACCOUNT THE FACTUAL INFORMATION THAT THE DEVELOPER WILL PRESENT TO YOU.

AND THEN WE MAKE THE LEGAL DECISION OURSELVES.

I HEARD HER LEGAL OPINION WAS THAT IT IS A COUNCIL DECISION.

SO IF WE WANT TO APPROVE THE TERMS WE CAN, IF YOU'RE NOT COMFORTABLE WITH IT AND THE VOTE GOES THE OTHER WAY, WE WON'T, WE A PRESENTATION THAT IS HER WORD.

YOU'RE PRESSING HER FOR AN ANSWER WHILE YOU DON'T WANT.

WELL, I THOUGHT THAT'S WHY WE HAD AN ATTORNEY.

THE CITY ATTORNEY WAS SO I CAN COLLECT A LEGAL ADVICE IF YOU DO NOT.

I MEAN, IF YOU DON'T BELIEVE THAT THE BACK'S SUPPORTED, THEN THE COUNCIL WOULD MAKE THAT DETERMINATION.

SO THERE'S PART OF IT IS A FACTUAL REVIEW OF THE INFRASTRUCTURE NEEDS AND WHAT OTHER INFORMATION YOU DETERMINED, APPROPRIATE AND MAKING THAT DETERMINATION.

SO THAT INFORMATION SHOULD BE PRESENTED AND CONSIDERED BY COUNCIL.

AND IF YOU DO NOT BELIEVE THAT THAT SUPPORTS IT, THEN YOU WOULD NOT CREATE A TERSE.

UNDERSTOOD.

SO IF I'M ON THE FENCE AND I DON'T KNOW, AND I ASK FOR LEGAL ADVICE, WHAT DOES THAT LOOK LIKE? IT WOULD LOOK LIKE WE'D HAVE A DISCUSSION IN EXECUTIVE SESSION, I THINK FIRST, ALRIGHT, GO AHEAD WITH YOUR PRESENTATION.

IF YOU'D LIKE, I STILL HAVE OTHER QUESTIONS, BUT WE CAN WORK ON THAT AFTER YOUR PRESENTATION.

SO, UM, AFTER THE PRELIMINARY INTRODUCTIONS THERE, UM, HOW, HOW DO I, HOW DO I ADVANCE THIS? AH, I LOVE IT.

SO, YOU KNOW, I, I GAVE TWO ADDRESSES AND, UM, UH, WHETHER YOU'RE IN THE FORT WASHINGTON OFFICE OR YOU'RE IN GREAT VINE, OR YOU'RE HERE IN CEDAR PARK, YOU'RE GOING TO SEE THE TOLL BROTHERS VALUES.

THEY'RE ALL THERE.

THEY'RE MANDATORY.

UH, IF YOU LOOK AT MY LAPTOP AND I PRINTED IT UP, YOU'RE GOING TO SEE THESE VALUES.

AND SO, YOU KNOW, WE'RE VERY PROUD OF OUR BRAND.

UM, IT'S A 55 GOING ON 55 YEAR BRAND AT THIS POINT.

AND, UH, THIS IS WHAT WE CARRY FORWARD EVERY DAY WHEN WE TAKE UP OUR TASK AND NEW THIS LITTLE MORE ON THIS, UM, YOU KNOW, WE'RE THE NUMBER ONE LEADING LUXURY BRAND IN THE COUNTRY.

UH, WE'RE RANKED BY FORTUNE'S MOST ADMIRED COMPANIES.

UH, IT'S 10TH YEAR.

IT'S ACTUALLY NOW 11.

WE JUST GOT THE NEW EMAIL AND THE NEW UPDATED, UH, EMAIL, UM, DOCUMENT TO PUT IN OUR EMAIL LAST WEEK.

AND SO IT'S NOW SIX, UH, SIX TIMES ON THE NUMBER ONE HOME BUILDER.

AND SINCE 2000, WE'VE BUILT OVER A HUNDRED THOUSAND HOMES LOOKING AT THIS IS A LITTLE MORE, IT'S JUST A KIND OF A THROW UP SLIDE AS I CALL IT, BASICALLY JUST KIND OF GOES OVER WHO WE ARE AND WHAT WE BUILD, WHERE WE ARE.

THIS GIVES YOU A BETTER IDEA OF OUR MARKET PRESENCE.

UH, THERE'S A HEAVY, UH, PUSH FOR GROWTH IN THE SOUTHERN UNITED STATES.

WHAT WE CALL THE SMILE STATES FROM ARIZONA, TEXAS, GEORGIA, AND FLORIDA.

UH, AS OF TODAY, WE'RE IN 50 MARKETS AND 24 STATES.

UH, YOU KNOW, WE, WE FOCUS NOT JUST ON A HIGH-END LUXURY.

WE DO HAVE A MIX OF HOMES AND WE DON'T WANT TO BUILD A HOME FOR A FAMILY MANY TIMES.

UH, THE RECORD IS THE VIGILANTE FAMILY.

WE'VE BUILT SIX HOMES FOR THEM OVER A 40 SOME ODD YEAR.

UM, THING.

THIS GOES ALL THE WAY FROM WHEN HE WAS IN GRADUATE SCHOOL TO, UH, YOU CAN SEE THEIR SON WHO'S IN COLLEGE THERE, BUT WE TRY TO BUILD, UH, MULTIPLE HOMES FOR PEOPLE OVER THEIR LIFE.

AND WE, WE, WE DO HAVE OTHER PRODUCT LINES ESG.

WE TAKE OUR ESG, UH, COMMITMENTS TO THE COMMUNITY AT LARGE, UH, VERY SERIOUSLY.

UM, I THINK YOU'LL SEE NOTED THE DATE THERE, UH, APRIL 19TH, 2021.

THIS IS A DATED SLIDE.

WE'VE ALREADY SUBMITTED OUR DOCUMENTS TO UPDATE THIS.

UH, IF YOU HAVE QUESTIONS ABOUT US AND OUR COMMITMENT, IT'S REALLY NEAT TO LOOK AT THIS WEBSITE BECAUSE IT'S VERY INTERACTIVE AND IT WILL HELP YOU UNDERSTAND, UH, YOU KNOW, HOW WE TREAT THE WORLD AND HOW WE SEE EACH OTHER.

[01:40:02]

SO I THINK THIS IS GOING TO GO TO A LOT OF THE QUESTIONS, UM, THAT YOU MAY HAVE BEEN TALKING TO.

UM, AT THE END OF THE DAY, THIS IS, THIS IS A PIECE OF A LARGER PUZZLE.

UH, THERE WAS AN INTERIM, UH, DEVELOPMENT AGREEMENT THAT WAS APPROVED IN 2016.

UH, THE IDA AS WE CALL IT, THE INTERIM DEVELOPMENT AGREEMENT WAS FOR TWENTY ONE HUNDRED AND SIXTY SIX ACRES, WHICH IS A MUCH LARGER, UH, PIECE OF THE PUZZLE AT THE TIME.

AND THEN, UM, THE PHASE ONE, UH, STUFF WAS PURCHASED BY HANNAH MCGEE AND IT WAS PULLED OUT AND THAT'S A PORTION OF THE RESIDENTIAL THAT'S TO THE EAST OF US.

AND THEY HAVE BEEN IN THE COMMUNITY, THEY WERE BUILDING HOMES AND, UM, THAT'S PART OF THE SIX CREEKS.

AND WE, WE, WE WANTED TO DO SOMETHING THAT COMPLIMENTED WHAT THEY HAD ALREADY STARTED.

WE THOUGHT THEY DID IT VERY WELL.

UH, WE SEE THEM AS COMPETITORS IF YOU WILL.

AND SO WE DIDN'T WANT TO DO ANYTHING THAT WOULD, UH, CLASH WITH WHAT THEY HAD PLANNED.

UH, WE HAVE REACHED OUT TO THEM A NUMBER OF TIMES TO BE GOOD NEIGHBORS.

UH, THAT'S VERY IMPORTANT TO US, ALTHOUGH WE AREN'T REALLY SURROUNDED BY ANYBODY OTHER THAN, UH, THE SELLER, BUT PRIOR TO OUR ENGAGEMENT WITH ANYTHING, WE SAT DOWN AND HAD A DRC MEETING WITH STAFF AND STAFF WAS VERY ADAMANT THAT THEY WANTED TO APPLY THE LESSONS LEARNED ON ALL THE DIFFERENT DISTRICTS THAT THEY HAD DONE IN THE PAST.

AND THEY WANTED TO ALSO APPROACH THIS FROM THE STANDPOINT THAT THIS PARCEL IS ACTUALLY NOT IN THE CITY.

AND SO WHEN THE ISSUES COME UP AND PEOPLE GET A WATER BILL, BECAUSE THIS IS IN YOUR CCN AREA, OR THEY HAVE A QUESTION ABOUT SEWER, THEY'RE STILL CALLING THE CITY.

AND SO WORKING WITH STAFF, THE IDEA WAS THAT, AND THIS MAY ANSWER YOUR QUESTION IS THAT AS THE IDA WAS A RATIFIED, THERE WAS THE ABILITY TO DO A PIT ONLY THAT'S IT.

AND, BUT IT WAS A MUCH SMALLER, UH, COMPONENT OF IMPROVEMENTS THAT WERE NEEDED.

BUT AS WE MOVE FORWARD WITH THIS STAFF WAS VERY ADAMANT THAT THEY WANTED TO APPLY LESSONS LEARNED AND TRY TO BUILD A BETTER MOUSE TRAP.

AND WITH THAT SAID, THE IDEA WAS A CONCERN ABOUT HOW THE STATE HAS CHANGED.

UH, HOW PROPERTIES ARE ANNEXED.

DO YOU WANT TO DEAL WITH ONE PROPERTY OWNER OR DO YOU WANT TO DEAL WITH 315 IN THE FUTURE? THE OTHER SIDE OF THIS WAS, DO WE, UM, WANT TO HAVE PEOPLE CALLING THE CITY, WANTING TO RUN FOR AN OFFICE OR WANTING TO USE THE LIBRARY AND NOT AWARE THAT THEY WEREN'T RESIDENTS AND THAT THEY NEEDED TO DO SPECIAL ACCOMMODATIONS JUST TO GO TO THE LIBRARY? UM, THE OTHER IDEA WAS THAT, UH, BY ANNEXATION, UH, YOU'RE NOT DEALING WITH 315.

YOU COULD NOW BRING ON A VERY HIGH QUALITY AD VALOREM TAX BASE INTO THE CITY THAT WOULD BE THERE FOR THE CITY TO USE IN PERPETUITY AND THEN FORM FOREMOST.

AND I THINK VERY IMPORTANTLY IS TO THIS FOLKS HERE, THEY HAD A CONCERN THAT THEY MENTIONED EARLIER ABOUT DRAINAGE AND ETJ.

UM, I JUST GOT DONE WITH A VERY TOUGH CASE IN WILLIAMSON COUNTY WHERE, BECAUSE OF THE WAY THE WILLIAMSON COUNTY DRAINAGE ORDINANCE IS WRITTEN, IT'S VERY DIFFICULT FOR THE CITY OF CEDAR PARK TO ENFORCE ANY KIND OF DRAINAGE CRITERIA.

AND YOU HAVE RESIDENTS IN THE COUNTY AND RESIDENTS IN THE CITY AT ODDS WITH EACH OTHER.

THAT'S NOT GOOD.

THESE, THESE PEOPLE THAT ARE OUR BUYERS WILL ONE DAY POSSIBLY BE YOUR CITIZEN IF ANNEXED.

AND SO WE WANT TO MAKE SURE THAT WHEN THAT TRANSITION HAPPENS, THAT THERE'S A RESPONSIBLE WAY TO GO ABOUT DEVELOPMENT.

AND PART OF THAT IS GETTING IT ZONED PROPERLY.

PART OF THAT IS ABOUT, UH, ADHERING TO THE CITY'S DEVELOPMENT STANDARDS.

AND SO THAT'S, THAT'S WHERE STAFF CAME FROM AND WE HEARD THEM LOUD AND CLEAR.

AND I THINK WHAT WE'VE PUT FORWARD IS A VERY GOOD PROJECT.

UM, I THINK IN THE FINAL, THE END RESULT HERE IS YOU'RE GOING TO END UP WITH 315 HOMES THAT YOU'RE VERY HAPPY WITH, UM, THAT ARE ZONED SINGLE FAMILY ARE ONE, ONE, WHICH IS YOUR LARGEST LOT CLASSIFICATION.

AND WE'RE PLANNING TO PRODUCT STYLES, 81 AND 100 FOOT LOTS.

THEY COMPLIMENT THE SIX CREEKS.

THE 81 IS KIND OF A NUANCED THING THERE BECAUSE THERE IS A DEED RESTRICTION ON THE PROPERTY THAT WAS PART OF THE BRR SALE.

THEY WANTED TO CREATE BANDS OF HOME PRODUCT.

AND SO WHAT WE ENDED UP WITH WAS A PROJECT THAT LOOKS LARGELY, I THINK THIS IS THE CURRENT LAYOUT FOR THE, UM, THE SITE IT'S APPROXIMATELY 202 ACRES.

THERE'S 54 ACRES OF OPEN SPACE.

THERE'S 180 TO 81 FOOT, LOTS, I'M SORRY, 81 FOOT LOTS.

THERE'S 133, A HUNDRED FOOT LOTS.

AND YOU KNOW, AT THE END OF THE DAY, YOU'LL HAVE A WATER AND SEWER THAT WILL CITY OR CITY SERVICE AND THEN A LOCAL FRANCHISES.

SO THE OTHER PROBLEM MOVING FROM THAT SLIDE WAS LOOKING AT WHERE THIS IS LOCATED.

UM, IF YOU LOOK AT THE MAP HERE, YOU CAN SEE THAT PART OF THIS IS IN THE CITY OF KYLE.

THE COMMERCIAL TRACKS ARE,

[01:45:01]

UH, THEY'RE, THEY'RE LARGELY SET INSIDE OF A FIELD, BUT AT THE SAME TIME, YOU'VE GOT ETJ AREA ALL AROUND US.

AND SO AS WE LOOK THROUGH IT, WE WERE TRYING TO WORK WITH STAFF TO UNDERSTAND WHAT DO I NEED TO DO FOR MY FIRST HOME PERMIT? WHAT DO I NEED TO DO FOR MY LAST HOME PERMIT? THOSE WERE KIND OF WHAT WE USE TO BOOKEND EVERYTHING AND WHAT WE, WHAT WE FOUND WORKING WITH STAFF, WORKING WITH, UH, THE COMMUNITY AND THE DEVELOPERS TO THE EAST IS, UH, YOU KNOW, THE NEED TO EXTEND SIX CREEKS BOULEVARD FURTHER TO WORK IN THE VIBE TRAIL, INTO OUR LAND PLAN.

UH, THE COUNTY WAS VERY INTERESTED IN THE CURRENT STATUS OF FM ONE-FIFTY.

I THINK Y'ALL REFER TO IT AS FM ONE, UH, 10, UH, THERE'S ALSO A NEED TO EXTEND SOME WATER LINES AND CREATE A LARGER LOOP SYSTEM FOR FIRE FLOW.

SO YOU USE GROUND STORAGE TANK TO BASICALLY GET THE VOLUME, BUT YOU USE ELEVATED STORAGE TO HANDLE FIRE FLOW AND TO HANDLE PEAK HOUR DAY STUFF.

AND THAT WAS, UH, A DRIVING FACTOR IN HOW WE KIND OF SET EVERYTHING UP.

BUT WHEN YOU ADD IT, ALL OF THESE ITEMS UP HERE TOGETHER, IT WAS APPROXIMATELY 19 AND A HAPPENING IN DOLLARS.

NOW THIS IS, THIS IS OVER AND ABOVE THE STANDARD DEVELOPMENT STUFF THAT YOU'D HAVE TO DO AS PART OF PUTTING THE STREETS IN FRONT OF THE HOMES, BUILDING AN AMENITY CENTER, BUILDING TRAILS AND SIDEWALK IN YOUR COMMUNITY AND THE HOMES AND SUCH.

BUT THE OTHER PART OF THIS WAS, IS PART OF THE PID POLICY WAS THAT WHEN YOU'RE IN THE ETJ, YOU HAVE TO PAY 10% AS PART OF YOUR PID POLICY.

WE COMMITTED THAT WE WOULD GO AHEAD AND RESERVE THOSE FUNDS FOR THE CITY, BUT WE DID ASK RESPECTFULLY THAT THOSE ITEMS BE SPENT ON THINGS THAT Y'ALL HAD ALREADY EARMARKED IN PRIOR AGREEMENTS.

AND IN PRIOR DISCUSSIONS, NAMELY ONE, EXPANDING THE ANTHEM WATER TANK, THERE'S A MULTI-PARTY AGREEMENT OUT THERE THAT THE CITY DOES HAVE A PORTION OF IT.

A PORTION OF IT IS RESOLVED FOR BRR, BUT THERE IS A PORTION THAT WE, WE COVER WITH THAT.

AND THEN ALSO THERE'S SOME IMPROVEMENTS THAT OLD STAGECOACH ROAD, JUST TO GIVE YOU A KIND OF HIGH LEVEL, YOU CAN SEE HERE IN THE SHADED GRAY THERE, YOU CAN SEE THE AREA THAT WE'RE DEVELOPING, BUT YOU CAN ALSO SEE THE 9,200 LINEAR FOOT OF, OF ROAD TO THE NORTH.

YOU CAN SEE THE WATER LINE THAT CONNECTS THE ANTHEM WATER TANK TO THE NORTHERN END OF THIS PROPERTY.

AND THEN THERE'S ALSO A TEMPORARY LIFT STATION THAT IS SIZE NOT ONLY FOR OUR DEVELOPMENT, FOR THE COMMERCIAL STUFF TO THE WEST OF US, THAT IS IN THE CITY OF KYLE ALREADY.

SO, YOU KNOW, I HEARD THE, THE COMMENT ABOUT SOMETHING THAT THE SELLER SAID, AND MAYBE IT'S NUANCE.

I WASN'T THERE.

I DON'T KNOW, BUT FROM MY STANDPOINT, I MEAN, YES, ANYTHING CAN BE DONE IF THE EFFECTS BUDGET IS UNLIMITED AND TODAY'S MARKET, IT ALMOST SEEMS LIKE THAT, BUT IT'S NOT, IT'S, IT'S A, IT'S A FICTION.

IT'S NOT TRUE.

WE HAVE TO BE CAREFUL.

UM, YOU KNOW, I TOLD SOMEONE ON A DEAL, I WAS LOOKING AT THE OTHER DAY THAT AS SOON AS I SAY, SURE, NO PROBLEM.

THEY'RE GOING TO USE THAT ON THE NEXT DEAL THAT I'M NEGOTIATING.

SO I'M ALWAYS APPROACHING THINGS LIKE I'M, I'M NEGOTIATING THE NEXT DEAL.

SO I'M VERY CAUTIOUS.

AND SO WE LAID DOWN THE DIFFERENT ITEMS THAT NEEDED TO BE DONE THAT HAD NOTHING TO DO WITH REALLY THE LOTS AND STREETS IN FRONT OF OUR DEVELOPMENT.

AND WHAT WE CAME UP WITH WAS A PRETTY BIG NUMBER.

IT'S AGAIN, ABOUT $19.5 MILLION OF ADDITIONAL INFRASTRUCTURE THAT WAS NEEDED JUST TO GET EVERYTHING DONE AND SAID.

SO WE FELT THAT THAT WAS A FAIRLY DECENT BURDEN BEYOND WHAT IS NORMAL DEVELOPMENT COSTS.

THE OTHER THING THAT WE WANTED TO FOCUS ON IS WHAT ARE OUR MARKET MARKET DRIVERS FOR US TAX RATE IS AN IMPORTANT THING.

SCHOOL DISTRICT IS AN IMPORTANT THING, UH, LOCATION TO FACILITIES AND DIFFERENT THINGS.

BUT AS I SAID EARLIER, I THOUGHT LOOKING THROUGH THE DATA THAT THE 2 9 5, BECAUSE THAT IS THE TAX RATE OF THE ADJACENT LANDOWNER.

AND THAT DEAL IS VERY SUCCESSFUL.

PEOPLE ARE VOTING WITH THEIR FEET.

THEY'RE TELLING US WHAT, WHAT THE MARKET IS.

THAT IS WHAT REALLY SET THE TAX RATE.

SO TO THE OTHER QUESTION ABOUT TURN ZONES, THE, YOU KNOW, THE, THE ARTICLE THAT I LOOK AT IS THE STATE CONSTITUTION, AND BASICALLY IT'S TO FINANCE THE DEVELOPMENT OR REDEVELOPMENT OF UNPRODUCTIVE OR UNDERDEVELOPED PROPERTY.

UM, IT CAN BE THAT, OR IT CAN BE BLIGHTED AREAS, YOU KNOW, VERY EARLY ON IN, IN THE PID WORLD, UH, THEY WERE USED IN, IN CITIES LIMITS TO GO IN AND DEAL WITH PARK AREAS THAT NEEDED DRASTIC IMPROVEMENT, BUT THEY WERE NEVER REALLY USED EXTENSIVELY BECAUSE IT WAS A TAX ON TOP OF A TAX.

SO YOU HAVE THE NORMAL CITY TAX AND THEN YOU DO THE PIT DISTRICT, AND IT'S A TAX ON TOP OF THAT.

AND THE AREA IS BLIGHTED.

HOLY MOLY, WHAT ARE WE DOING HERE? AND SO THEY NEVER REALLY CAUGHT ON, AND THEN THE STATE LEGISLATURE PUT FORWARD THE CONSTITUTIONAL AMENDMENT, THE VOTERS APPROVED IT.

AND SO THE IDEA HERE IS THAT IT'S USED NOT JUST FOR THAT, BUT IT'S ALSO USED FOR UNDEVELOPED PROPERTY.

THE TEXAS COMPTROLLER USES THE LANE, THE SAME LANGUAGE, IT'S THE PROVIDE THIS INFRASTRUCTURE

[01:50:01]

THAT'S NECESSARY.

SO THE WAY I UNDERSTAND PIDS AND TURTLES AND ALL THIS STUFF TO WORK IS THAT, YOU KNOW, WHERE WE START IS THIS 200 AND SOMETHING ACRES IS NOT IN THE CITY.

YOU GET ZERO AD VALOREM TAX BASE, YOU GET ZERO PROPERTY TAXES FROM IT.

THE IDEA HERE IS THAT THE PROPERTY IS ANNEXED AND THE GUITARS ARE CREATED.

WE HAVE A VERY QUICK RUN-UP IN TERMS OF DEVELOPING THE LAND AND TURNING THEM INTO LOTS, WE THEN PUT HOMES ON THEM.

THE HOMES WILL BE VALUED AT ABOUT THE WEIGHTED AVERAGE THAT WE HAVE, I THINK IS ABOUT $965,000.

UH, I THINK THE, THE EIGHTIES ARE IN THE EIGHT RANGE IN THE HUNDREDS ARE IN THE MILLION RANGE.

AND SO WHAT WE DO IS WE GO AND SELL BONDS AT THE FIRST TRAUNCH.

AND THEN BASICALLY WE USE THAT BASE AMOUNT TO PAY OFF THESE BONDS.

IF THOSE HOME VALUES GO UP IN THAT TRAUNCH, THE VALUES STAY WITH Y'ALL.

AND THEN AT THE END OF THE PERIOD, WHEN THE PIT IS PAID OFF, THE PIT BONDS ARE PAID OFF.

THE ENTIRE VALUE GOES TO Y'ALL.

SO, AS IT SITS TODAY, WE HAVE A TAX RATE BECAUSE WE'RE NOT IN THE CITY OF ABOUT $2 PER THOUSAND OR PER HUNDRED.

IF WE ANNEX IN WE'RE PAYING $2 AND 50 CENTS PER HUNDRED.

SO THE IDEA HERE WITH THIS SLIDE IS TO SHOW THAT HAYES IS GOING TO CONTRIBUTE MONEY, BECAUSE THEY'RE VERY INTERESTED IN SEEING HOW FM ONE-FIFTY GETS BUILT.

THE CITY ALSO PAYS SO THAT THE INFRASTRUCTURE FOR WATER AND SEWER AND ROAD GETS BUILT ON THE OFFSITE STUFF.

AND THEN THE PIT RATE GETS LEVIED AT 75 CENTS.

SO THE END RESULT IS A 2 9 5 TAX RATE, 95 CENTS HIGHER THAN WHAT IS ON THE PROPERTY TODAY.

WE'VE WE THINK THAT'S FAIR BECAUSE AGAIN, THE DEVELOPMENT OF THE EAST OF US HAS BEEN LARGELY SUCCESSFUL WHEN IT'S ALL SAID AND DONE, THE COUNTY WILL, WHO HAS A TAX RATE OF 36 CENTS PER HUNDRED WILL RETAIN 22 CENTS PER HUNDRED.

THEY STILL GET THAT, UH, THE, THE CITY WHO HAS A 50 CENT SAC TAX RATE, THEY'LL PLEDGE 18, AND THEY'LL STILL RETAIN 32 CENTS.

AGAIN, THE ONLY DIFFERENCE IS THE INCREMENT THAT GOES TO PAYING FOR THE BONDS.

SO TO KIND OF WRAP IT UP THE, THE, THE CURRENT PROPOSAL AND THE CURRENT AGREEMENT IN FRONT OF YOU CONTEMPLATES FULL ANNEXATION INTO THE CITY OF KYLE.

IT PROPOSES HAVING A PIT TERS OVERLAY, DINE WITH THE SUPPORT OF THE CITY AND THE COUNTY.

WE'RE ASKING FOR A COMBINED RATE OF 32 CENTS TO GET IT DOWN TO THE 2 95 RATE, WHICH IS MARKET FOR US.

THE CITY WILL CONTRIBUTE 18 CENTS.

THE COUNTY WILL CONTRIBUTE 13 CENTS.

AND THEN AGAIN, THE IDEA HERE IS TO MATCH THE OUT OF CITY PIT THAT'S ALREADY OUT THERE BECAUSE THEY DON'T HAVE TO PAY CITY TAXES.

THEY'RE OUT OF CITY PIT.

I WILL GUARANTEE YOU STILL PROBABLY GET PHONE CALLS FROM THEM WHEN THERE'S A WATER BILL, THAT'S WRONG, OR THERE'S A SEWER BILL.

THAT'S WRONG.

THEY'RE PROBABLY CALLING YOU BECAUSE YOUR NAME'S ON THE BILL.

UH, THE OTHER PART OF THIS IS, IS THAT THE DEVELOPMENT AGREEMENT TIES KEY THINGS THAT NEED TO BE DONE.

THE WATER LINE THAT NEEDS TO BE BUILT.

THE IT'S SET UP TO BE BUILT IN PHASE TWO, THE, UH, WATER SEWER LINE THAT NEEDS TO BE BUILT IN THE OFFSITE, UH, FORCE MAINTENANCE, SUCH THAT NEEDS TO BE BUILT.

IT'S BUILT IN PHASE ONE.

WE CAN'T GET OUR BUILDING PERMITS IN PHASE ONE UNTIL THAT LIFT STATION IS BUILT.

SAME THING WITH THE ROAD.

IT'S IN PHASE THREE AND PHASE THREE, LOTS WILL NOT BE AVAILABLE TO US UNTIL PHASE THREE AND THE ROAD ARE COMPLETED.

AND SO THAT'S THE MILESTONES THAT WE HAD TO DO THAT.

AND THEN LASTLY, UH, THE PROJECT WILL BE SUBJECT TO THE CITY REVIEWS BECAUSE IT'S IN THE CITY, IT'S GOING TO HAVE TO FOLLOW THE CITY SUBDIVISION ORDINANCE WILL HAVE TO PAY THE REVIEW FEES, THE IMPACT FEES AND THE BUILDING FEES, BECAUSE AGAIN, A PERMIT WOULD COME FOR THE HOME THROUGH YOU, CAN YOU GUYS, UH, THE PROJECT WILL BE SUBJECT TO THE DEVELOPMENT ORDINANCES AND THE STANDARDS.

SO WE HAVE TO MEET YOUR SUBDIVISION ORDER.

WE HAVE TO REACH YOUR BUILDING ORDINANCES.

WE ALSO HAVE TO MEET YOUR ZONING ORDINANCES.

SO JUST TO GO THROUGH A LITTLE BIT OF THIS, UM, AGAIN, THE, THE 81 FOOT, LOTS AGAINST THE ANACHRONISM, IT'S A HOLD OVER FROM THE ORIGINAL, UM, SIX CREEK STUFF.

THEY, THEY PUT A DEED RESTRICTION IN THERE.

SO WE HAVE THE 80 ONES AND THE HUNDREDS, THE AVERAGE SQUARE FOOTS ARE LISTED THERE.

WE ALSO HAVE THE PRICE RANGES THAT WE'RE PROPOSING IN THIS AREA.

AND THIS IS JUST A ROLL THROUGH OF THE HOMES.

THESE ARE HOMES THAT WE DO BUILD IN CENTRAL, TEXAS AND AUSTIN AND DALLAS.

AND THIS WAS ONE THAT'S BUILT IN AUSTIN, LEANDER

[01:55:04]

SOME OF THE LARGER PRODUCTS.

AND SO, UH, WITH THAT, MY LDM HERE, I THINK A COUPLE OF YOU HAVE TALKED WITH HER, UH, ADRIAN ON GS, VERY SMART LADY.

UH, SHE'S HERE WITH ME TONIGHT, ALSO HAVE OUR ENGINEER.

UM, I ALSO HAVE THE SELLER OF THE PROJECT IS WITH US.

AND SO WE CAN ANSWER YOUR QUESTIONS FROM HERE, BUT I'M HOPING THAT SOME OF THIS KIND OF ENLIGHTENED YOU AND HELPED YOU UNDERSTAND THE, MAYBE A CONTEXTUAL ERROR OR SOMETHING TO THAT EFFECT.

I, I DON'T KNOW.

WE'LL SEE.

ALL RIGHT.

DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS FOR THE PRESENTERS COUNTY, UH, CUSTOMER BRADSHAW? UH, YEAH.

SO W WHAT I'M HEARING FROM YOU IS THAT THE ULTIMATE DECISION THAT THE COUNCIL HAS TO MAKE IS YOU EITHER A BUILD AS A PID AND ONLY PROVIDE US WITH 10%, EVEN THOUGH WE WILL BE PROVIDING SERVICES TO ALL OF YOUR RESIDENTS OR B DO A PID TERS OVERLAY, WHERE WE ARE ACTUALLY ABLE TO COLLECT THE PROPERTY TAX AND REPLENISH SOME OF THE FUNDS THAT WE WOULD SPEND BY SERVICING, CORRECT.

YEAH, YOU'LL, YOU'LL STILL RETAIN THE, ON THE FULL AMOUNT THAT THE ONLY AMOUNT THAT GOES TO PAY DOWN THE BID BONDS IS THE 18 CENTS OR WHATEVER IT WAS.

I MENTIONED EARLIER, THE REST OF IT STAYS WITH Y'ALL.

UM, AND AT BUILD OUT WE'RE PROJECTING $304 MILLION WORTH OF AD VALOREM TAX BASE HERE.

SO, AND THAT'S IN TODAY'S DOLLARS.

AND, YOU KNOW, AS WELL, RATES ARE GOING UP, UH, IF IT WAS A MUD DISTRICT, AND WE'RE LOOKING AT THIS OVER A VERY LONG PERIOD OF TIME, WE WOULD PROBABLY PROJECT A TWO OR 3% GROWTH.

THAT'S JUST HOW WE MODEL THOSE.

WE DIDN'T MODEL THAT IN THIS INSTANCE, UH, WE DID SAY THAT WITH EACH TRAUNCH, THE HOMES WOULD GET A LITTLE BIT MORE EXPENSIVE OVER TIME.

SO, UH, WE WANTED TO CAPTURE THAT, BUT WITH THAT SAID, ONCE IT'S SET IT'S SET.

AND, UH, YOU KNOW, SO WITH THAT SAID, THAT'S CORRECT.

YOU'RE GOING TO SAY, I APPRECIATE YOUR EXPLANATION, BECAUSE WHEN IT WAS INITIALLY, UH, WHEN, WHEN HE PRESENTED ALL WE HEARD WAS THE BENEFIT THAT IT WAS TO YOU, NOT THE BENEFIT THAT IT WAS TO THE CITY HEARING THE BENEFIT THAN IT IS TO THE CITY, AND THAT WE CAN ACTUALLY COLLECT PROPERTY TAXES FROM IT, AND COUNTY IS GOING TO CONTRIBUTE TO BOOT.

UH THAT'S YOU KNOW, THAT'S DEFINITELY A FACTOR FOR ME, CUSTOMER TOBY'S.

OKAY.

THOSE, THOSE HOUSES LOOK NICE AND EVERYTHING, BUT AGAIN, I GUESS WE'RE GOING TO GO BACK TO THE TERS.

SO IF THIS, IF WE'RE TRYING TO GET A TERS AND A PIT COMBINED FOR JUST THIS SECTION, AGAIN, EDUCATE ME ON THIS.

ALL THE TERS MONEY WILL JUST STAY IN THAT SECTION, CORRECT? NONE OF THAT GOES TO ANY OF THE GENERAL FUND FOR THE ENTIRE CITY.

IT'LL JUST GO FOR JUST THAT SECTION OF THE AREA, MEANING THAT NOBODY FROM SOUTH LAKE RANCH, WHO NEEDS ROUTES THAT NEED DEVELOP WON'T GET ANY OF THAT TAXPAYER MONEY OR ANYTHING SOUTH IN BLANCO VISTA THAT NEEDS ANY KIND OF IMPROVEMENTS.

SO THIS TERMS RIGHT HERE IS GOING TO JUST STAY IN HERE, BECAUSE I GUESS I'M LOOKING AT THE CRITERIA FOR THEIR REINVESTMENT ZONE.

AND AGAIN, KIND OF WHAT A FLOREZ KAYLA STATING IS THAT TO DO THE, TO ESTABLISH ONE, IS TO GET A HOUSING ACCOMMODATIONS, TO CONSTITUTE AN ECONOMIC OR SOCIAL LIABILITY AND ADMINS TO PUBLIC HEALTH, SAFETY, MORALS, WELFARE, PRESENT, UM, PREDOMINANCE OF DEFECTIVE, INADEQUATE SIDEWALKS, OR STREET LAYOUTS, FAULT OF SIZE ADEQUACY, UNSANITARY, UNSAFE CONDITIONS, UH, DETERIORATION OF THE SITE OR IMPROVEMENTS.

UM, I JUST WANT EVERYBODY TO KNOW THAT'S WHAT WE'RE SEEING ACROSS THE CITY AND ESPECIALLY EAST OF KYLE.

AND I KNOW YOU MAY HAVE MENTIONED THAT HEY, EAST, EAST, EAST OF KYLE HAS BEEN VERY SUCCESSFUL, BUT WE'RE STILL HAVING ISSUES ON OUR END OVER THERE, ON THAT SIDE WITH TRAFFIC AND ROADS AND INFRASTRUCTURE.

SO I GUESS CONCERNED THAT, UH, COUNCIL MEMBER FLORES, KALE'S BRINGING UP, HOW IS THIS GOING TO BENEFIT THE TAXPAYER OVERALL FOR THE ENTIRE CITY? NOT JUST FOR THIS SECTION, IF WE DECIDE TO DO THIS, I'D LIKE TO TAKE A STAB AT THAT IF YOU DON'T MIND.

SO, BECAUSE THAT IS A, IT'S A GOOD QUESTION.

SO THE, THE WAY IT'S CURRENTLY PROPOSED THERE'S 32 CENTS OF PROPERTY TAX REVENUE THAT WILL BE GENERATED ON $300 MILLION IN AD AD VALOREM TAX REVENUE, WHICH IS ABOUT A MILLION DOLLARS A YEAR IN PROPERTY TAXES AT FULL BUILD OUT THAT THE CITY WILL RECEIVE INTO ITS GENERAL FUND TO BE USED THROUGHOUT.

THAT'S WHAT THE TERMS WILL CREATE IS ROUGHLY 32 CENTS IN

[02:00:01]

TAXING, BECAUSE WITHOUT THE TOURS, WE WILL NOT BE ABLE TO ACHIEVE ANNEXATION AND WITHOUT ANNEXATION, THE TAX RATE WILL BE ZERO.

SO WHAT ESSENTIALLY THE TERS ALLOWS US TO DO IS TO IT'S PRIMARILY AN INCENTIVE FOR THE CITY.

UM, THEY WOULD BE FINE TO GO TO THE SIXTH CREEK MODEL AND DO AN OUTER CITY PIT NOTERS.

SO IF THAT'S WHAT THE COUNCIL WANTS TO DO, BUT THE COUNCIL IS CUTTING ITSELF OUT OF THE DEAL BY MAKING THAT, UH, ARRANGEMENT THE TERS IS JUST A TOOL THAT ALLOWS FOR US TO RECAPTURE OR ESSENTIALLY MOVE THE TAX RATE, UH, SLIGHTLY SO THAT INSTEAD OF TAXING AT 50 CENTS, WE CAN REDUCE IT TO 30 CENTS, WHICH ALLOWS FOR THE PIT ASSESSMENTS, WHICH ARE THE IMPROVEMENTS THAT THE, UH, THAT THE COMMUNITY IS, UH, CREATING, UH, FOR INFRASTRUCTURE AND OTHER IMPROVEMENTS THAT AREN'T JUST FOR THE AREA OR FOR THE DEVELOPMENT, BUT ALSO FOR THE NEARBY DEVELOPMENT.

SO, UM, IF WE REMOVED THE TERS REMOVED THE ANNEXATION, THEY WOULD BE ABLE TO BUY RIGHT BASED ON THE 2015 AGREEMENT, BUILD THIS PRODUCT, UH, WITHOUT ANNEXATION AND WITHOUT, UH, A TERSE, BUT THEY WOULD BUY RIGHT, BE ABLE TO GET A PID.

SO IF YOU LOOK AT THE CASH FLOWS TO THE CITY, THE CASH FLOWS ARE VERY LOW.

WE GET A PID CONTRIBUTION FROM THEM, AND THAT WILL BE THE ONLY MONEY WE GET OVER THE ENTIRE LIFE OF THE SUBDIVISION FOR 30 YEARS, A COUPLE MILLION BUCKS, OR WE CAN, UH, DO A PITTERS OVERLAY, WHICH CASE WE WILL GET THE SAME COUPLE OF MILLION BUCKS PLUS, WHICH GOES TO STAGECOACH AND THE ELEVATED STORAGE TANKS, PLUS ROUGHLY A MILLION DOLLARS IN AD VALOREM TAXES ANNUALLY.

AND SO, UH, YOU KNOW, TO THE QUESTION OF WHERE DID THIS COME FROM? I MEAN, THIS CONCEPT HAS BEEN BEING PROPOSED FOR THIS SPECIFIC SITE FOR A NUMBER OF YEARS.

IT'S BEEN BRIEFED IN EXECUTIVE SESSION FOR A LONG TIME AS THE METHOD, THE TOOL THAT WE USE.

AND YES, BLIGHTED AREAS IS A CONCEPT THAT THE TOUR'S PROPOSED TO SOLVE, BUT, YOU KNOW, THAT WAS NOT THE CASE FOR TERS ONE.

AND KYLE, THAT WAS NOT THE CASE FOR TERS TWO.

AND KYLE, THAT'S NOT THE CASE FOR WHAT IS PROPOSED FOR EASTSIDE TERMS FOR, YOU KNOW, OTHER PROJECTS.

THAT'S NOT HOW DRIPPING SPRINGS DOES THEIR TERMS. THAT'S NOT HOW ST.

MARCOS DOES THEIR TURF.

THEIR TERS, UH, CLOSEST ONE TO US IS, UH, BLANCO VISTA.

THEY USE DETERS IN ORDER TO ACHIEVE THE BLANCA VISTA DEVELOPMENT, UH, AND, UH, THE BIG ROAD IMPROVEMENT NEXT TO THAT, WHICH WAS THE BRIDGE OVER THE RAIL TRACKS.

SO IT WAS A FUNDING MECHANISM.

THAT'S ESSENTIALLY WHAT IT IS.

IT'S A TOOL WE ABSOLUTELY CAN, UH, USE THAT TOOL FOR THIS PROJECT.

THE QUESTION IS JUST, DO WE WANT TO, UH, AND IF THE COUNTY IS WILLING TO PARTICIPATE TOO, YOU KNOW, THEY'RE THE ONES BY PARTICIPATING THAT ARE ALLOWING FOR US TO ACHIEVE OVER 30 CENTS WHEN BY OF TAX REVENUE, WHEN BY RIGHT, WE, UH, CAN ACHIEVE, ARE ENTITLED TO ACHIEVE A ZERO.

SO, UH, AS IT RELATES TO DEVELOPMENT, PAYING FOR ITSELF, UH, I CAN'T CONCEIVE OF A PROPOSAL THAT IS MORE CUSTOM FIT FOR THIS PARTICULAR, UH, ATTRACTIVE LAND SPECIFICALLY, BECAUSE IT WAS PRE ENTITLED WITH OUT OF CITY PIDS, WHICH IS SOMETHING THAT WE TRY VERY HARD NOT TO DO ANYMORE BECAUSE OF HOW IT CUTS THE CITY OUT, UH, AND TO PUT TOGETHER A MORE EQUITABLE DEAL FOR THE CITY.

AND, UH, THAT'S WHAT, THAT'S WHAT THIS IS.

SO I DON'T THINK EVERY SUB, EVERY DEVELOPMENT NEEDS A PITCHER'S OVERLAY.

IN FACT, THERE ARE MANY THAT, THAT DON'T, BUT THE, UH, BECAUSE OF THE INTERIM DEVELOPMENT AGREEMENT WITH BLANCO RIVER RANCH, UH, THIS IS THE ONLY WAY I CAN CONCEIVE OF, AND I THINK THAT STAFF CAN BOTH ACHIEVE ANNEXATION, UH, OF THE PROPERTY.

SO YES, IT WILL DEVELOP, UH, UH, WITHOUT US, BUT, UH, WITHOUT A TURKISH, BUT IT WILL ALSO DEVELOP WITHOUT ANNEXATION IF THAT'S THE CASE.

SO, UH, MAYBE PROTEIN.

YEAH.

THANK YOU, MIRROR.

SO, FIRST OF ALL, JUST WANT TO SAY, I'M REALLY EXCITED ABOUT THIS PROJECT.

A LOT SIZES, ANY ONE FOOT, A HUNDRED FOOT, UH, FOREVER.

WE'VE BEEN GETTING 35 FOOT LOTS HERE IN THE CITY OF KYLE, UH, TO SEE THIS KIND OF PROJECT AND IS UNIQUE TO KYLE.

AND IT'S SHOWING THE GOLD STANDARD OF WHERE WE'RE GETTING AS A CITY, THE, UH, TYPE OF PRODUCT THAT'S COMING, WHERE THIS PROJECT IS GOING TO ENHANCE, UH, THE AREA AS WELL.

BUT WITH THAT BEING SAID, I ALSO AM REALLY EXCITED ABOUT THE ONE 50 AND THE STAGECOACH IMPROVEMENTS AS SOMETHING THAT CITIZENS, UH, HAVE BEEN CLAMORING FOR IN KYLE FOREVER.

THE ONE 10 WAS SOMETHING THAT WAS FIRST ORIGINATED BY A COUNTY COMMISSIONER A LONG TIME AGO.

HIS DAUGHTER IS NOW SEEING IT TO FRUITION TO SEE IT COMPLETED, WHICH IS COMMISSIONER DEBBIE INGLES B IS, IS AMAZING.

UM, SEEING THE IMPROVEMENTS UP ON STAGECOACH ROAD IS SOMETHING THAT A LOT OF THE RESIDENTS UP IN SIXTH STREETS ARE CLAMORING FOR.

UNFORTUNATELY, THEY'RE NOT A PART OF THE CITY OF KYLE AND I, WHEN I MEET WITH RESIDENTS OF SIX GRADES, THEY WANT TO BE A PART OF KYLE.

AND UNFORTUNATELY THEY'RE NOT.

[02:05:01]

WHEN WE ALLOW THESE SUBDIVISIONS TO GROW UP OUTSIDE THE CITY, THE RESIDENTS DON'T HAVE A VOICE.

WE'VE GOT TO GIVE A VOICE TO THE PEOPLE THAT ARE COMING IN.

YOU'RE USING OUR UTILITIES AND BEING A PART OF KYLE THERE'S SO MANY TIMES THAT I'M OVER ON ROLLED IN LANE, THAT THE RESIDENTS THERE, YOU KNOW, GET CITY SERVICES, BUT DON'T HAVE A VOICE EITHER GETTING THIS REVENUE TAX REVENUES KEY AS WELL.

UH, RIGHT NOW WE'RE NOT GOING TO GET NOTHING AND WE'RE STILL GONNA PROVIDE SERVICES.

SO THAT'S IT ON THE DIME OF THE BACKSPACE TAXPAYERS OF KYLE IT'S ON THEIR BACK.

IF WE ANNEX THEM IN, WE NOW GET A MILLION DOLLARS A YEAR AND THAT'S THE KEY THING RIGHT THERE.

SO DO WE WANT THEM TO BUILD OUTSIDE OF THE CA IN THE COUNTY AND GET NOTHING AND STILL PAY FOR THE INFRASTRUCTURE? OR DO WE WANT TO SEE THE CITY GET SOME REVENUE BACK ON THIS? UM, THAT'S THE QUESTION FOR US RIGHT NOW AS A COUNCIL? WHAT DO WE WANT, DO WE WANT TO ALLOW THIS PROJECT TO BUILD OUTSIDE OF THE CITY WHILE WE PROVIDE WATER AND WASTEWATER AND GET NO TAX FROM IT? OR DO WE WANT A TAX? THAT'S SIMPLE.

I MEAN, DO WE WANT TO BRING MONEY TO OUR GENERAL FUND, TO IMPROVE ROADS IN THE EAST SIDE, WEST SIDE, NORTH SIDE, SOUTH SIDE, IT'S A MILLION DOLLARS A YEAR THAT WE'RE BRINGING TO THE CITY.

AND, UH, ANOTHER THING THAT WE'RE DOING IS WE'RE NOT GOING TO HAVE THAT SITUATION WE HAVE IN SIX WEEKS RIGHT NOW, WHERE THE RESIDENTS GET FRUSTRATED BECAUSE THEY DON'T HAVE A VOICE.

THEY DON'T LIVE IN THE CITY LIMITS.

AND THAT'S SOMETHING I WISH WOULDN'T HAVE COME TO FRUITION, BUT UNFORTUNATELY WE CAN FIX RE RECTIFY THAT MISTAKE WITH OUR NEXT PROJECT AND MAKE SURE WE DON'T FOLLOW NETFLIX STEP.

THANK YOU.

BECAUSE PARSLEY, I HAVE TWO QUESTIONS.

I'M PROBABLY GOING TO SAY SOMETHING THAT I'M BAD JUST TO MAKE SURE THE GENERAL FUND ONE, SEE IF WE DO THE PICTURES, WE WON'T SEE ANYTHING IN THE GENERAL FUND FOR 30 YEARS, CORRECT? NO, NO.

WHEN I, WHEN WILL WE SEE SOMETHING THAT GOES TO THE GENERAL FUND OUT CAN BE USED FOR THE ENTIRE CITY? THE, THE FIRST HOME THAT'S BUILT FIRST TAX ASSESSMENT, WE'LL GET 32 CENTS, UM, TAX REVENUE DAY ONE BECAUSE THEY'RE FULLY ANNEXED TAXPAYERS.

THAT'S WHAT THE PITTERS OVERLAYING ACHIEVES.

OKAY.

SO THEN MY NEXT QUESTION IS, CAN THE CITY BE SUED IF WE DO THIS TERSE, BECAUSE IT REALLY DOES NOT MEET THE CRITERIA.

THERE IS NO LANGUAGE IN HERE THAT TALKS ABOUT INFRASTRUCTURE AS A WAY TO, UM, MAKE A TURN.

IF WE USE THE NUMBER, YOU KNOW, THAT CHAPTER 1105, THE SECTION TWO, WHICH IS THE ONLY THING THAT MAY QUALIFY FOR IT, THERE'S NO LANGUAGE.

CAN SOMEBODY SUE US FOR MAKING THAT DECISION? WELL, THE BEST WAY TO ANSWER THAT QUESTION IS TO LOOK AT PRECEDENT, LOOK AT HOW TOURS HAVE BEEN SET UP HISTORICALLY IN THE STATE THAT THAT CLEARS THE AIR AND THE WAY WE'RE PROPOSING THIS TERM IS CONSISTENT WITH OUR PREVIOUS TOURS AND IS VERY CONSISTENT WITH ALL THE CHURCHES, JUST IN HAYES COUNTY THAT ARE BEING CREATED NOT TO MENTION THROUGHOUT THE STATE.

SO JOHN SAID, THIS IS NUMBER 12, FOLLOWING THIS PARTICULAR, UH, FORMAT USING PITTERS OVERLAY.

UM, SO CAN WE GET SUED FOR THAT? CAN THE CITY GAIN, BECAUSE IT DOES NOT REALLY MEET THE CRITERIA.

SO I RECOMMEND WE HAVE THIS CONVERSATION IN EXECUTIVE SESSION.

OKAY.

THANK YOU.

UM, ALRIGHT.

IS THERE ANY OTHER DISCUSSION ON THE SIDE, CASPER FORCE, KALE.

THANK YOU.

I'M GLAD YOU GUYS BROUGHT UP A FEW THINGS.

SO THE FIRST TWO TERMS I'D LIKE TO TALK ABOUT IS, IS PEREZ AVAILABLE FOR QUESTIONS? I JUST WANT TO, UM, KIND OF, UH, GO THROUGH SOME MISCONCEPTIONS AND, UM, SOME THINGS THAT I DON'T THINK ARE NECESSARILY TRUE THAT ARE BEING VIEWED OUT OVER AND OVER AGAIN.

HELLO.

THANK YOU.

UM, WOULD YOU MIND TELLING US HOW MUCH CAME OUT OF THE GENERAL FUND OR IF YOU HAVE JUST A VAGUE IDEA OF HOW MUCH CAME OUT OF THE GENERAL FUND FOR TERS ONE FOR 2021.

SO MAYOR, MAYOR PRO TEM COUNCIL MEMBERS FOR THE RECORD ON PREVIS MIND, CITY'S DIRECTOR OF FINANCE CHARGE.

NUMBER ONE WAS CREATED IN 2004, UH, THAT PRIMARILY PAID FOR THE DESIGN AND CONSTRUCTION OF FM 1626.

THAT BASICALLY WAS THE CATALYST FOR ECONOMIC DEVELOPMENT.

AND IN KYLE, AS WE ALL KNOW, SINCE CREATION OF 2004, THIS TERS HAS A A HUNDRED PERCENT PARTICIPATION BY THE CITY AND 100% TAX PARTICIPATION BY THE COUNTY.

THIS IS SLIGHTLY UNIQUE TERSE THAT THERE'S NO DEVELOPER REIMBURSEMENTS INVOLVED

[02:10:01]

IN THIS TASK.

NUMBER ONE.

SO THE CITY USES THE TAX INCREMENT FROM BOTH THE CITY'S PORTION, AS WELL AS THE COUNTY'S PORTION TO REPAY THE PRINCIPAL AND INTEREST ON THE DEBT THAT THE CITY TOOK ON TO PAY TXDOT TO DESIGN AND BUILD 1626 AND THE FRONTAGE ROAD.

I KNOW I'M GOING ABOUT A LONG WAY TO ANSWER YOUR QUESTION, BUT AS OF TODAY, THIS TURNS IS UPSIDE DOWN BY WHICH, I MEAN THE GENERAL FUND CONTRIBUTES THE SHORTFALL OR THE GAP BETWEEN WHAT WE BRING IN FROM AIM INCREMENT, COMPARED TO WHAT WE ENDED UP PAYING FOR DEBT SERVICE EACH YEAR.

I DON'T KNOW THE EXACT NUMBER OFF THE TOP OF MY HEAD, BUT THE LAST YEAR 360,000 LAST YEAR WAS 800 SOME THOUSAND THIS YEAR.

IT HAS COME DOWN AS THE ASSESSED VALUATION GOES UP OVER TIME, THE INCREMENT INCREASES AND THAT GAP CLOSES.

SO WE'RE HOPING BY NEXT FISCAL YEAR, THAT GAP SHOULD BE ELIMINATED.

OKAY, THANK YOU.

AND FOR TERS NUMBER TWO, WOULD YOU MIND TELLING ME HOW MUCH HAS COME OUT OF THE GENERAL FUND TO COVER TERS NUMBER TWO FOR, SINCE IT'S BEEN CREATED CHERISH NUMBER TWO, WHICH IS IN THE PLUM CREEK AREA OF UPTOWN DEVELOPMENT, AND THAT WAS CREATED AT THE END OF 2019.

SO FIRST INCREMENT WAS 2019 THAT TERS DOES NOT HAVE ANY DEBT YET.

WE HAVE NOT ISSUED ANY DEBT.

UH, WE'RE NOT OBLIGATED TO REIMBURSE ANY DEVELOPERS AS OF TODAY, BUT WE MAY HAVE IN THE FUTURE, THE TURKISH NUMBER TWO HAS PROJECTS, CAPITAL IMPROVEMENT PROJECTS THAT ARE, ARE OWNED BY THE CITY.

AND THOSE ARE THE LOVE OF THE PARK, THE PLUM CREEK TRAIL, OR PART OF THAT LOVERDE PARK TRAIL SYSTEM.

AND THE HERO'S MEMORIAL, THOSE THREE PROJECTS COMBINED THEY'RE SLIGHTLY OVER $16 MILLION OUT OF THE FUND OUT OF THE TERS.

SO TURNS IS RESPONSIBLE FOR THAT AREA.

AND THEN, SO WHEN WE PAY, SORRY, WHEN WE PAY THE $60 MILLION, WHO PAYS THAT, WHAT FUND DOES THAT COME OUT OF? SO INITIALLY THE GENERAL FUND LOANED, THE MONIES TO THE TERRORS, THE TERS IS REIMBURSING THE GENERAL FUND OVER TIME.

SO WHEN YOU LOOK AT THE ANNUAL BUDGET FOR TERJE NUMBER TWO, YOU WILL SEE A LINE ITEM.

IN ADDITION TO ALL THE OTHER EXPENSES, YOU WILL SEE A LINE ITEM THAT REIMBURSES THE GENERAL FUND OVER TIME.

NO, WHAT IF THERE WAS NOT ENOUGH MONEY IN THAT LINE ITEM TO REIMBURSE $16 MILLION BACK TO THE CITY? UH, IT WILL BE DEFERRED UNTIL SUCH TIME THAT DETERS HAS SUFFICIENT INCREMENT TO PAYBACK THE GENERAL FUND.

AND IS THERE A GUARANTEE THAT ALL THAT MONEY THAT THE CITY PAYS FROM THE GENERAL FUND WILL BE REIMBURSED IF THE PROJECTIONS COME TRUE OVER TIME? UH, THE DEVELOPMENT PROJECTIONS, THE PROJECTIONS, UH, OVERTIME, IT SHOULD, THE GENERAL FUND SHOULD BE REPAID.

AND IN ANY EVENT THERE'S A BOND FOR ANYTHING TO INCLUDE STREETS, WILL THAT BOND THEN BE PAID PRIOR TO THE TERSE? THE DEBT OBLIGATIONS WILL HAVE A PRIOR, UH, PRIORITY OVER REPAYMENT.

OKAY.

SO I'VE HEARD SEVERAL TIMES THAT THIS, UM, PITTERS IS GOING TO BRING IN MILLIONS OF DOLLARS A YEAR, A MILLION DOLLARS A YEAR OVER YEARS.

SO CAN YOU TELL ME, IS LIKE, HOW DID THAT, HOW DOES THAT NUMBER ARISE? LIKE, HOW DO I, HOW DO WE PUT ON GETTING A MILLION DOLLARS A YEAR FROM THIS TERSE PID, UH, COUNCIL MEMBER? I HAVE NOT DONE A FINANCIAL ANALYSIS ON THIS PARTICULAR CHURCH WE'RE TALKING ABOUT.

SO I DON'T KNOW WHAT THE REFERENCE IS.

SO I'M GOING TO LET JOHN SNYDER TALK ABOUT THAT.

THANK YOU.

IT'S 304 MILLION TIMES, OR DIVIDED BY 100 TIMES 0.3 TO $972,000.

THAT'S THE, THAT'S THE MATH.

YEAH.

SO IF I COULD, I GUESS CLEAR A COUPLE OF THINGS UP SO THAT, AND I'M NOT FAMILIAR WITH THERE'S ONE IN CHURCH TUBE, BUT THAT WHAT'S BEING PROPOSED HERE IS VERY DIFFERENT.

SO THERE IS NO GENERAL FUND DOLLARS BEING SPENT OR BEING PLEDGED.

IT WOULD ALL BE SPECIAL ASSESSMENTS.

AND SO THE SPECIAL ASSESSMENTS WOULD BE LEVIED AT INSTEAD OF THE 2 95 DESIRED RATE.

THEY'D BE LEVIED AS IF THERE WAS NO TERMS THEY'D BE PAYING CLOSER TO, I GUESS, 3 27, RIGHT? 2 95, PLUS THE 32 CENTS.

IF THERE'S NO TERMS REVENUE THAT COMES AT HIM, THE HOMEOWNERS PAY A HIGHER ASSESSMENT.

THAT'S WHAT'S DISCLOSED, THEY'LL GET DISCLOSED THE FULL FREIGHT.

THEY'LL DO A GOOD, JUST ONE OF THOSE $3 AND 27 CENTS.

IF THE TERMS REVENUE COMES IN AS PROJECTED, IT GETS BOUGHT DOWN TO $2 AND 95 CENTS.

[02:15:02]

UM, BUT THERE'S NO GENERAL FUND THAT WOULD BE STEPPING IN.

OKAY.

SO THEN MY QUESTION WOULD BE, WHERE IS THAT AT? AND JUST SO WE'RE CLEAR, THERE ARE TWO DIFFERENT REPORTS, ONE FOR AGENDA ITEM 29, AND ONE FOR AGENDA ITEM 31.

AND WHEN I SAY DIFFERENCE, I MEAN, I RAN A REPORT TO TELL ME THE DIFFERENCE AND THERE'S 61 DIFFERENCES IN BETWEEN THE TWO.

SO, UM, I GUESS I NEED TO KNOW WHICH ONE I'M LOOKING AT, WHICH IS THE MOST ACCURATE, BECAUSE THERE ARE DIFFERENT.

UM, ANCHORAGE'S AND IT ONE HAS 2 0 1 0.377, AND THE OTHER ONE HAS 1 22 0.5, FIVE.

ALL RIGHT.

ARE YOU ASKING HIM TO IDENTIFY 61 DIFFERENCES BETWEEN WHICH ONE SHOULD I USE? BECAUSE I HAVE A QUESTION IN IT REGARDING THE WANTON BYPASS AS WELL.

I BELIEVE IT'S THE 1 22 0.55 ACRES, 1 22.

OKAY.

SO THAT WOULD BE NUMBER 31 AGENDA ITEM 31 IS A REPORT.

OKAY.

SO IF I GO TO THE PAGE WHERE IT SHOWS ME THE MAP, I BELIEVE THAT'S PAGE 20, THIS IS 202 ACRES, AND THEN THERE'S A NET ON, UM, BY THE WAY FOR, OKAY.

I APOLOGIZE.

APPARENTLY IT'S 202 ACRES DATING AFTER THAT.

SO WE MAY, WE MAY NEED TO MAYBE TO CLEAN UP THE ACREAGE COUNT.

OKAY.

IT KIND OF WEARS ME EVEN MORE.

UM, SO IF I GO TO THE MAP, WELL, YOU TELL ME, DO YOU HAVE, DO YOU HAVE A COPY OF IT? AND YOU CAN TELL ME WHICH MAP I NEED TO LOOK AT TO DEFINE THE CRITERIA FOR THE TERS AREA.

YEAH.

AND I MAY LET MIKE GET UP AND HE KNOWS THE PROJECT.

UH, THIS MIGHT BE BETTER ANSWERED BY DAVENPORT WITH THE FMS BONDS.

HE'S GOT A LOT OF EXPERIENCE WITH THESE QUESTIONS.

SO I KNOW YOU'RE REFERENCING THE PARTICULAR PROJECT, BUT I DON'T KNOW IF TRIP WANTS TO COME FORWARD.

I DON'T HAVE HIM HERE.

UM, HE'S RIGHT THERE.

OH, I'M SORRY.

OH, I MISSED YOU.

I MISSED YOU.

SORRY.

OKAY.

SO IT'S BEEN A LONG TIME.

THERE YOU GO.

I GO AHEAD AND SPEAK INTO THE, YEAH.

NOT TO THE ACREAGE, BUT JUST TO INTEREST IN GENERAL.

YEAH.

UM, REGARDING THE PRE PRELIMINARY PROJECT AND FINANCE PLAN, I'M JUST LOOKING THERE'S EXHIBITS AND I'M ASSUMING THEY'RE PROBABLY ALL GOING TO BE THE SAME, BUT, UM, JUST AS WELL, IT DEFINES THE OUTLINE FOR THE TERS AND NONE OF THESE AND ANOTHER REPORTS ARE THE ROADS INCLUDED.

SO THERE THERE'S, THERE'S SEPARATE EXHIBITS FOR THE ROADS, FOR THE WATER LINE, FOR THE OFFSITE SEWER.

WE HAVE EXHIBITS THAT GO INTO THE DA FOR ALL OF THAT.

BUT WHEN WE DO, WHEN WE DO THE TERS REPORT, IT REQUIRES AN OUTLINE OF THE TOUR'S AREA.

SO THAT TERS AREAS SHOULD INCLUDE ALL THE ROADS TO INCLUDE THE ONE 50 ALIGNMENT, REALIGNMENT, AND ANY ROADS IN ADDITION TO THAT, CORRECT? NONE OF THESE ROADS SHOW THEM BEING IN THE, IN THE BOUNDARIES.

RIGHT? SO REMEMBER WHAT I WENT BACK AND SAID THAT THE PEN AND THE TERMS WOULD HAVE IDENTICAL SETS OF IMPROVEMENTS BETWEEN THE SERVICE ASSESSMENT PLAN AND THE TOUR'S PLAN.

THE PIT WOULD HAVE DIFFICULTY FUNDING THE ENTIRE FM ONE 10, OR FM ONE 50, BECAUSE IT'S BENEFITING OUT OF OUR REGIONAL AREA.

AND SO THE PIT AND THE TERMS, WOULD IT BE PAYING FOR THE INTERNAL IMPROVEMENTS, THE LOCAL ROADS, WATER, SEWER STORM DRAIN, AND THEN THE SIX STREAKS BOULEVARD, THE NORTH AND THE SOUTH THAT ARE WITH, BUT THEN AT THE END OF THE PROJECT, BUT THOSE MAJOR ARTERIALS, THE FM ONE 10 AND THE WATER LINE ASSOCIATED WITH IT, UM, THAT WOULD BE FUNDED DIRECTLY BY THE DEVELOPER.

SO IT WAS, UH, THAT THAT'S IN THE DEVELOPMENT AGREEMENT WHERE THE DEVELOPERS FUNDING, THOSE IMPROVEMENTS AND THE PIT IN TERMS OF FUNDING TO LOCAL IMPROVEMENTS, IT GETS YOU TO THE SAME DOLLAR AMOUNT, BUT IT MAKES THE FINANCING STRUCTURE, UH, FEASIBLE SO THAT THE PIT, THE PIT BONDS COULD ACTUALLY FINANCE THE LOCAL IMPROVEMENTS.

OKAY.

SO EXHIBIT C LIST A PROJECT COSTS ROADS IS $12.475 MILLION.

THERE'S NO WAY THE BYPASS ONE 10 IS GOING TO COST LESS THAN ALL THAT MONEY RIGHT THERE.

I MEAN, IT'S, IT'S GOING TO BE A MINIMUM.

SO MY QUESTION IS, AND I'M GOING TO BE REAL CLEAR.

I VOTED LAST TIME IRRESPONSIBLY.

I DID NOT HAVE ANY BACKUP MATERIAL.

I LIKED, I LOVED THE PROJECT.

LET ME RE I LOVE THE PROJECT.

I LOVE THESE HOMES.

I LOVE THE IDEA.

AND I WANT MORE THAN ANYTHING

[02:20:01]

ELSE TO GET THIS INTO KYLE.

I JUST WANT TO MAKE SURE IF WE'RE DOING IT ISN'T OKAY.

SO, BUT MY CONCERN IS I DIDN'T HAVE ANY OF THIS MATERIAL THE FIRST TIME NOW THAT I GOT IT AND I WENT THROUGH IT, I'M STARTING TO REALIZE THERE'S A LOT OF, THERE'S A LOT OF BROKEN AREAS.

AND MY, THE MAIN REASON WHY I VOTED FOR IT WAS BECAUSE IT WAS GOING TO CREATE THE ONE 10 BYPASS.

AND THEN WHEN I LOOK AT THE MAP, IT DOES NOT SHOW THE ONE 10 BYPASS OR THE MONEY FOR THE ONE 10 BYPASS, RIGHT? BECAUSE IT'S NOT BEING FUNDED WITH THE DETOURS THAT THE TERRORIST IS NOT FUNDING.

THE ONE 10 BYPASSING, WHO'S GOING TO PAY FOR THE ONE 10 BYPASS, THE DEVELOPER.

AND THAT'S IN THE DEVELOPMENT AGREEMENT.

DO WE HAVE A COPY OF THAT? NO.

AS YOU WILL RECALL, WE'RE POSTPONING BECAUSE IT'S NOT, THEN I, I MEAN, I CAN'T, I JUST, I CAN'T TAKE, I CAN'T RISK THAT ON A TERSE WITH THAT.

I DON'T EVEN THINK IS REALLY LEGAL, BUT I WOULD BACK UP.

CAUSE I KNOW THAT'S WHAT WE DID FOR 16, 26 IS WE DID TOURS ONE.

SO I COULD SAY, OKAY, WELL WE'LL DO THAT FOR ONE 50 OR THE ONE 10 BYPASS.

IT'S THE SAME THING, BUT I DON'T EVEN HAVE THAT IN FRONT OF ME.

I CAN'T SUPPORT THAT.

YEAH.

THAT, THAT'S WHY WE'RE NOT, WE DON'T WANT YOU TO VOTE ON IT TONIGHT BECAUSE YOU, WE HAVE TO HAVE THE DEVELOPMENT AGREEMENT DONE THAT HAS THAT OBLIGATION ON THE DEVELOPMENT.

BUT I DO HAVE TO VOTE ON THE TERM.

NO WE'RE GOING TO POSTPONE THE ALL SIX ITEMS ARE BEING POSTPONED.

YEAH.

WE'RE NOT, WE'RE NOT DRIVING TO A VOTE RIGHT NOW.

WE'RE POSTPONING ANY OF THIS INFORMATION GOING TO CHANGE BECAUSE IF IT'S NOT, THIS IS, THIS IS FOR YOU TO ASK YOUR QUESTIONS.

AND I HONESTLY, WE SHOULD NOT BE SITTING HERE HAVING A DEBATE OVER ITEMS THAT WHERE WE DON'T HAVE THE DEVELOPER AGREEMENT IN THE BACKUP AND WE'RE NOT READY.

AND SO, I MEAN, THERE'S A LOT OTHER DEVELOPMENT DEALS THAT ARE READY FOR OUR TIME THEN THAN THIS ONE.

BUT I DO APPRECIATE THE PRESENTATION.

IT IS GOOD FOR US TO PUBLICLY STATE AGAIN, WHY WE'RE PROPOSING A PID OVERLAY SPECIFICALLY FOR SAVANNAH RANCH.

UM, BUT WE CAN'T, WE CAN'T PROCEED WITH ANY OF THE ITEMS UNTIL WE CAN PROCEED WITH ALL OF THE ITEMS AND THE DEVELOPER AGREEMENTS STILL NOT READY.

AND THE COUNCIL DEFINITELY NEEDS THE WEEKEND AT MINIMUM TO GO THROUGH THAT AGREEMENT AND IT WAS NOT PROVIDED.

SO WE'RE JUST, WE HAVE TO POSTPONE IT.

SO, AND, AND CERTAINLY WE SHOULD NOT ANNEX OR GIVE ZONING OR, YOU KNOW, CREATE A PID DISTRICT OR ANYTHING UNTIL SUCH TIME AS WE HAVE THE DEVELOPMENT AGREEMENT THERE AS WELL.

SO THE LAST, UH, MEETING WAS FIRST READING TO POINT TOWARDS SECOND READING.

SO IF NO ACTION WAS FINALLY TAKEN, UH, THAT WILL COME WHEN WE HAVE ALL ITEMS TO TAKE UP TOGETHER.

SO THAT WAS WHAT MY HOPE WAS FOR TONIGHT.

BUT IT'S JUST CLEAR THAT WE'RE NOT GONNA BE ABLE TO GET THERE.

SO IS THERE ANY OTHER DISCUSSION? YEAH.

I JUST WANT TO ADD THAT, UM, MAYOR PLEASE.

YES, SIR.

UH, JUST WANT TO ADD THAT WE'RE NOT THE ONLY ONES LOOKING AT THIS.

THE COUNTY IS ALSO LOOKING AT THEIR LEGAL TEAM IS LOOKING AT THIS.

WE HAVE A LOT OF SETS OF EYES ON THIS BEFORE IT COMES BEFORE COUNCIL, ALL THE DOTS, ALL THE I'S WILL BE DOTTED AND ALL THE T'S WILL BE SLASHED.

SO ALWAYS REMEMBER THAT WE'RE NOT THE ONLY ONES LOOKING AT THIS.

THE COUNTY HAS TAKEN A GOOD, HARD LOOK AT THIS.

AND SO THERE'S DIFFERENT ENTITIES DOING THIS.

UH, I KNOW THERE'S THOSE IN THE PUBLIC THAT REALLY DON'T UNDERSTAND THIS AND THEY MIGHT MAKE HER AND SNEER ABOUT THIS.

BUT AT THE END OF THE DAY, IT'S BRINGING TAX DOLLARS TO OUR GENERAL FUND.

THAT'S WHAT WE'RE DOING IS BRINGING TAX DOLLARS.

WE CAN ALLOW ENTITIES TO DEVELOP OUTSIDE OF THE CITY AND USE OUR UTILITIES, OR WE CAN ANNEX A MEN AND ALLOW THEM TO BE A PART OF THE PROCESS, ALLOW THEM TO VOTE, ALLOW THEM TO BE A PART OF OUR CITY.

UM, AND THAT'S SOMETHING THAT WE'RE LOOKING AT RIGHT NOW, A HUNDRED FOOT, LOTS, 80 FOOT LOTS.

THAT'S SOMETHING WE WE'RE NOT GETTING OUR CITY ANYMORE.

WHEN WE COMPLAIN ABOUT 35 FOOT LOTS.

AND THEY WERE DECIDING THAT WE DON'T WANT LARGER LOTS.

I MEAN, I THINK WE HAVE A PROBLEM SOMETIMES.

THANK YOU.

AND IF I COULD ADD ONE THING ON THAT H CAD RIGHT NOW FOR 2021 SHOWED THE AVERAGE SINGLE FAMILY HOME, UH, WAS VALUED AT JUST UNDER $235,000.

SO IF, IF THEY'RE BUILDING MILLION DOLLAR HOMES, IT'S ALL GONNA DEPEND ON WHAT AGE, GOD APPRAISES OF THESE HOMES AT, BUT ASSUMING THEY'RE COMING IN SOMEWHAT NEAR MARKET VALUE, OR EVEN SUBSTANTIALLY LOWER, THAT'S QUITE A BIT ABOVE $235,000.

AND SO EVEN IF YOU GIVE UP THE 36, 30 7%, EACH HOUSE IS GOING TO GENERATE, EVEN WITH THE, TERM'S GOING TO GENERATE MORE TO THE GENERAL FUND THAN THE AVERAGE HOME IN KYLE CURRENTLY, CORRECT CUSTOMER ELLISON, UH, TWO THINGS, ONE, UM, I DON'T AGREE WITH EVERYTHING THAT COUNCIL MEMBER RIZZO JUST SAID.

SO I JUST WANT TO GO ON THE RECORD WITH THAT.

SECONDLY, WHEN WE DO BRING THE, UH, I'M SORRY, I, I KNOW THAT WAS COMING.

THAT USUALLY HAS EVERY MEETING.

WELL, WHEN YOU GET TO SAY THINGS THAT ARE CORRECT.

SO, AND THEN I WOULDN'T DISAGREE WITH, I REALLY DON'T THINK THERE'S AN ISSUE WITH ME.

I THINK I'VE TRIED SINCE I'VE BEEN ON COUNCIL FROM DAY ONE, TRY TO BE, ARE WE ALLOWED THIS TO HAPPEN? MAY OR MAY JUST ALLOW THIS TO HAPPEN? WE ALLOW

[02:25:01]

THIS TO HAPPEN.

UM, I HAVEN'T HAD THE FLOOR.

I SAID ANYTHING AND UNDERSTAND CUSTOMER ELLISON, GO, GO AHEAD.

THANK YOU.

I'M JUST STATING THAT I DO NOT AGREE WITH WHAT WAS STATED, AND THAT IS NOT MY POSITION.

SO I'M, THAT'S WHAT I'M JUST DIFFERENTIATING.

SECONDLY, I DO THINK THAT WE NEED TO HAVE A DISCUSSION IN EXECUTIVE SESSION NEXT TIME.

THIS IS BROUGHT BACK WHEN WE HAVE THE DA AGREEMENT, BECAUSE LISTENING TO THIS DISCUSSION TONIGHT, THERE ARE A LOT OF THINGS THAT ARE NOT QUITE UNDERSTOOD, AND I THINK WE ALL DESERVE THE OPPORTUNITY TO MAKE SURE WE HAVE THE EQUAL UNDERSTANDING OF IT REGARDLESS OF HOW THE BOAT HAPPENS.

SO I WOULD IMPLORE THE, UH, STAFF AND, AND MAYOR WHEN WE MAKE THE MEETING FOR NEXT AGENDA ITEM THAT WE HAVE A DISCUSSION IN EXECUTIVE SESSION PRIOR TO COMING OUT FOR THE PUBLIC MEETING IN REGARDS TO THIS.

OKAY.

UH, NOTED.

I AGREE.

UM, TRIP, DO YOU HAVE ANYTHING YOU WANTED TO ADD? SORRY.

I'M NO MAYOR.

I WAS JUST, UM, WHEN YOU WERE TALKING ABOUT SOME OF THE MORE GENERAL TYPE THINGS, UM, AND WHEN IT GOES TO THE LEGALITY, THESE BONDS WOULD BE SUBMITTED TO THE TEXAS ATTORNEY GENERAL'S OFFICE AND ARE INCONTESTABLE FOR STATE LAW PURPOSES, WHICH BRINGS MY INVESTORS A LOT OF COMFORT.

THAT MEANS IF WE ISSUE THESE BONDS, IF SOMEONE WANTED TO SUE, IT WOULD FAIL IN COURT IMMEDIATELY BECAUSE OF THE TEXAS ATTORNEY GENERAL'S OPINION THAT IS PLACED ON THESE BONDS.

AND IF IT BRINGS THE COUNCIL AND HE COMFORT, UH, JOHN SAID A DOZEN, BUT THERE'S ACTUALLY, I'D SAY 60 TO 75% OF ALL THE PIDS THAT ARE DONE TODAY HAVE, UM, HAS A TERS OVERLAY ON IT.

AND SO I'M TALKING ABOUT CITY OF DALLAS, CITY OF FORT WORTH, UH, UH, CORPUS CHRISTI, HOUSTON, ALL OF THESE CITIES IN, AND THEY'VE HAD THEIR ATTORNEYS AND EVERYBODY ELSE LOOK AT IT.

SO FROM A LEGALITY STANDPOINT, I'M VERY COMFORTABLE WITH IT AS AN UNDERWRITER.

AND OUR INVESTORS ARE BECAUSE OF THE TEXAS ATTORNEY GENERAL'S OPINION AND THE PROCESS THAT'S BEEN PUT IN PLACE, THEN OPINION, I WOULD BE GRATEFUL.

SO, SO EACH BOND WE'LL GET AN OPINION.

SO WHEN THE CITY OF KYLE ACTUALLY ISSUES THESE BONDS, THE, THE TEXAS ATTORNEY GENERAL, BEFORE WE CAN CLOSE ON THOSE BONDS, UH, PEDRO WILL ACTUALLY PROVIDE AN OPINION.

MY ATTORNEYS PROVIDED AN OPINION AND THE DEVELOPER'S COUNSEL PRIDES AND AN OPINION.

AND THEN THE TEXAS ATTORNEY GENERAL REVIEWS, THE WHOLE TRANSCRIPT, EVERY PROCEEDING THAT YOU HAVE, EVERY DOCUMENT THAT YOU ALL PASS, EVERY DOCUMENT THAT THEY PROVIDE US, THE TEXAS ATTORNEY GENERAL'S OFFICE REVIEWS, IT COMPARES IT TO THE STATE LAW AND THEN SIGNS.

AND AN OPINION SAYS, THIS IS INCONTESTABLE FOR STATE LAW PURPOSES.

NOW YOU CAN DO A FEDERAL LAW, A LAWSUIT FOR USUALLY IT'S TAX LAW, UM, FEDERAL CAUSE THESE ARE TAX EXEMPT BONDS, BUT, UH, AS FAR AS STATE LAW, NO ONE CAN, CAN CONTEST THEM.

SO FOR WHATEVER THAT'S WORTH.

AND, UH, THAT DOESN'T MEAN THAT EVERY DEAL IS DONE PERFECTLY, BUT NEVERTHELESS, FROM A LEGAL STANDPOINT, THIS IS A VERY COMMON PROCEDURE ACROSS THE STATE CITIES, AS SMALL AS, UH, LIBERTY HILL, AS BIG AS DALLAS DO.

UM, SO IT'S A, IT'S A VERY COMMON WAY TO DO THESE.

SO HAVE YOU READ THAT TOO? I THINK IT'S A 2007 OPINION FROM THE ATTORNEY GENERAL REGARDING THE TOURS.

MA'AM I MEAN, SO THEY SAID, UH, TEXAS ATTORNEY GENERAL'S OFFICE PREPARES WHAT'S CALLED AN OFF BOB BOND COUNSEL LETTER, AND THEY ALSO PROVIDE OPINIONS PRETTY REGULARLY, AND THEY'RE VERY FAMILIAR WITH THEIR OWN OPINIONS.

AND SO EVERY BOND TRANSACTION WE BRING TO MARKET, THEY KNOW THAT ABOUT THAT OPINION.

AND SO WE'RE COMFORTABLE THAT THEY'VE READ IT.

AND, UH, I HAVE, I USED TO PRACTICE.

I'M A RECOVERING ATTORNEY.

I DON'T PRACTICE ANYMORE.

UH, BUT I USED TO DO BOND LAW.

AND SO, UM, I THINK I KNOW WHICH ONE YOU'RE TALKING ABOUT, BUT I DON'T HAVE IT IN FRONT OF ME.

HAVEN'T LOOKED AT IT FOR QUITE, I MEAN, IT'S VERY SPECIFIC TO OUR SITUATION.

AND SO I JUST WANT TO MAKE SURE THAT AS A CITY, BECAUSE I'M A PARALEGAL, I'M NOT RETIRED FROM THE LEGAL FIELD, BUT I'M NOT AN ATTORNEY.

SO I DO DO ALL MY LEGAL RESEARCH BEFORE I COME.

AND YOU'RE TALKING TO AT LEAST THREE PEOPLE THAT SPENT A SIGNIFICANT AMOUNT OF TIME.

AND THEN I SPENT TWO HOURS ON THE PHONE WITH THE COMPTROLLER ONE FIRST SELECTED, I'VE SPENT A SIGNIFICANT AMOUNT OF TIME TRYING TO UNDERSTAND WHAT A TERS IS AND WHAT IT'S TO BE USED FOR.

SO MY ONLY CONCERN WAS NOT THAT WE DON'T, I WANT THIS TO COME HERE AND LET ME, LET ME JUST STATE, THERE IS NOTHING STOPPING YOU GUYS, OTHER THAN MONEY FROM JUST ANNEX IN YOURSELVES IN, YOU COULD CHOOSE TO ANNEX IN.

IT WILL JUST COST MORE.

SO WE'RE NOT STOPPING YOU.

WE'RE NOT SAYING YOU CAN'T BE ANNEXED.

RIGHT? WHAT WE'RE SAYING IS YOU MAY NOT BE ABLE TO BE ANNEXED WITH THE TOURIST PIT.

SO IF YOU CHOOSE NOT TO ANNEX, THEN THAT IS NOT, THAT'S NOT ON OUR CONTROL.

OKAY.

YES, MA'AM.

BUT AGAIN, I WANT TO MAKE SURE IF WE ARE DOING THIS TOUR'S IS NEVER SUPPOSED TO BE USED TO INCENTIVIZE MILLION DOLLAR HOMES, BIG TWO, THREE ACRE, LOTS.

THAT'S NOT WHAT IT WAS MEANT FOR.

AND I HEAR THINGS LIKE, OH, WELL, WE, THEN IT WOULD BRING VOTERS IN AND THEN IT WOULD BRING,

[02:30:01]

WHAT WAS, IT WAS ALL KINDS OF FUN.

THINGS LIKE, NO.

YEAH.

ALL THESE PEOPLE ARE GOING TO BE PART OF THE RESIDENTS OF THE CITY.

AGAIN, THAT IS NOT IN THE TERSE.

THAT IS NOT A QUALIFICATION FOR US TO SIT HERE AND SAY, YES, WE ARE GOING TO GIVE AN INCENTIVE TO THESE MILLION DOLLAR HOMES AND TO THESE PEOPLE WHO CAN MORE THAN AFFORD IT.

SO YOU GUYS CAN BUILD IN OUR CITY.

NO, AND I WANT TO BE CLEAR REAL QUICK.

I DO NOT REPRESENT THE DEVELOPER AND ACTUALLY I DON'T REPRESENT THE CITY.

I REPRESENT THE INVESTORS THAT BUY YOUR BONDS.

AND SO I'M KIND OF A, IN THE MIDDLE HERE, BUT HAVING SETTLED THAT ANOTHER WAY OF LOOKING AT IT, MAYBE IN Y PROBABLY DOES COMPLY WITH THE TOURIST STATUTE IS YOU'RE BUILDING ASSETS, INFRASTRUCTURE, WATER, SEWER STREETS THAT YOU ALL ARE GOING TO OWN.

AND YES, WHILE THE, THE, IT HELPS THE DEVELOPER WITH HIS INTERNAL RATE OF RETURN.

LET'S JUST BE REALLY HONEST AT THE SAME TIME, THE TERS IS ACTUALLY FUNDING INFRASTRUCTURE THAT YOU ALL WOULD OTHERWISE HAVE TO SPEND TO BUILD THE WATER SEWER STREETS TO FACILITATE SUCH A DEVELOPMENT IF THEY'RE IN YOUR CITY LIMITS.

SO THAT I KNOW IT'S KIND OF COUNTER-INTUITIVE, AND IT'S EASY TO TALK ABOUT THE GREEDY DEVELOPER, BECAUSE LOOK, THEY ARE HERE TO MAKE MONEY.

THEY JUST ARE, BUT AT THE SAME TIME, THEY CAN STAY IN THAT ETJ.

THEY CAN GO DO A MUD AND THEY CAN DO THIS ANOTHER WAY.

AND SO IT'S A PUBLIC POLICY DECISION.

THAT'S ABOVE MY PAY GRADE.

I DIDN'T GO RUN FOR OFFICE AND GET ELECTED.

SO GOD BLESS Y'ALL FOR DOING IT.

I DIDN'T DO IT.

BUT AT THE SAME TIME, I WOULD LOOK AT IT MORE.

ARE WE GETTING QUALITY INFRASTRUCTURE THAT MEETS CITY STANDARDS? AND ARE WE GENERATING REVENUE THAT WE COULD OTHERWISE GENERATE? AND, AND I'M SORRY ABOUT YOUR TOURS ONE AND TWO, I WASN'T PART OF THAT PROCESS.

THESE ARE COMPLETELY DIFFERENT ANIMALS, UH, A DIFFERENT LEGAL STRUCTURE AND THE, THE RISK IS ON THE DEVELOPER, THE LAND OWNER, AND ULTIMATELY THE HOMEOWNER, NOT THE CITY, IF THE TOURIST FALLS SHORT.

SO YOUR, YOUR GENERAL FUND AND MY INVESTORS, WE PLASTERED ALL OVER THESE OFFERING DOCUMENTS NON-RECOURSE TO THE CITY, UH, DOES NOT IMPACT YOUR TAX RATE, DOES NOT IMPACT YOUR CREDIT RATING, ET CETERA, ET CETERA.

WE ARE VERY SERIOUS WHEN IT COMES TO THAT, BECAUSE WE DO NOT WANT TO NEGATIVELY IMPACT THE CITY AT ALL.

THESE ARE SUPPOSED TO BE REVENUE NEUTRAL AT WORST IN RE REVENUE, NEUTRAL, POSITIVE UNDER THE SCENARIO BEING PRESENTED TO YOU ALL.

SO I JUST WANT TO BE CLEAR ABOUT THAT AGAIN, DON'T REPRESENT THEM AND I DON'T REPRESENT Y'ALL.

YOU'VE GOT YOUR FINANCIAL ADVISOR HERE AND PREVENTS AND JOHN SNYDER SAID, OKAY, I APPRECIATE IT.

YES MA'AM.

THANK YOU.

THANK YOU.

BUT I DON'T THINK AN APOLOGY IS NECESSARY.

TERS ONE WAS SET UP UPSIDE DOWN INTENTIONALLY.

SO THE, IT IS SAD THAT IT'S TAKEN AS LONG AS IT HAS TO, TO GET BACK WHERE IT IS, BUT THE BEST NEWS I'VE HEARD, CAUSE WE WEREN'T EVEN CLOSE TO NO LONGER HAVING TO SUBSIDIZE THAT.

UH, COUNTIES PAYMENTS AS DEVELOPMENT HAPPENS, UH, CONTINUES TO INCREASE.

AND SO THAT THE TERM NUMBER ONE JUST GETS BETTER AND BETTER FOR US.

IT WAS THE CATALYST THAT BROUGHT 1626.

THAT WAS THE STRATEGIC PURPOSE OF CREATING THE TERM.

NUMBER ONE, THERE'S NUMBER TWO, HAD A VERY STRATEGIC PURPOSE, UH, TO ALLOW FOR CERTAIN IMPROVEMENTS TO BE, UH, FUNDED, UH, WITHIN THE BRICK AND MORTAR DISTRICT AND TERSE NUMBER THREE AS A PITTERS OVERLAY HAS THE STRATEGIC PURPOSE OF ACHIEVING ANNEXATION, UH, AND STABLE REVENUES FOR THE PROJECT.

SO THE, THE, THOSE WERE THE STRATEGIC REASONS WHY, UH, THOSE ARE NOT REASONS THAT CAN BE EASILY ARTICULATED FROM STAFF, BUT FOR MYSELF, THAT'S WHAT I'VE BEEN PURSUING.

SO I'VE, UH, SPENT MORE THAN TWO HOURS, UH, STUDYING ON THESE THINGS, UM, THROUGH THE YEARS, BUT IT'S, UM, UH, UNDERSTANDABLE.

THEY ARE VERY COMPLICATED STRUCTURES.

I, I DO KNOW THAT I'VE TRIED HARD, UH, TO, UH, TO HELP IX, YOU KNOW, US TALK THROUGH THESE THINGS.

UH, HOPEFULLY WE'LL BE ABLE TO CONTINUE DOING THAT.

AND, UH, IF WE CAN'T DO THIS THEN, SO BE IT THAT'LL, THAT'LL JUST BE WHAT HAPPENS.

SO, UM, IF THERE ARE NO OBJECTIONS I'M GONNA, UM, ASK FOR A 10 MINUTE BREAK.

UM, WE, I THINK WE NEED IT.

SO, UH, WE'LL UH, WE'LL UH, GR UH, RE UH, RECONVENE AT, UH, UH, NINE 50.

OKAY.

QUESTION.

ARE WE TABLING THESE ITEMS OR ARE WE TAKING THE RECESS AND THEN COMING BACK AND PICKING THIS UP, WE'RE GOING TO TAKE, WE NEED TO TABLE.

SO IF THERE'S MORE TO DISCUSS ON THIS ITEM, IF WANT TO KEEP GOING, UM, WE CAN DO THAT.

OTHERWISE WE'LL POSTPONE UNTIL THE NEXT MEETING FOR ALL THESE ITEMS. OKAY.

DID WE DO THAT BEFORE OR AFTER THE RECESS? I'M SORRY, I'M JUST ASKING.

WELL, I DO, DO YOU WANT, YOU'RE SAYING YOU WANT OFFICIAL ACTION TO BRING THEM BACK? IS THAT WHAT YOU'RE SAYING? CORRECT.

AND THAT'S GOING TO BE KIND OF AT Y'ALL'S DISCRETION.

I DON'T KNOW IF WE NEED TO HAVE FURTHER DISCUSSION AS TO WHEN THAT HAPPENS.

I THINK THE POINT OF TONIGHT WAS UNLOADED THE SPRING.

WE WANT TO GET THE QUESTIONS OUT THERE, THE CITY STAFF, AND WE HAVE THEM COME TO THE MIC, PLEASE.

NOBODY CAN HEAR THAT.

THAT IS WATCHING.

SO I, YOU KNOW, THE POINT OF TONIGHT WAS TO GET THE PRESENTATION OUT IN FRONT OF YOU UNLOAD THE SPRING, AS WE SAY, UM, THIS HAS BEEN KIND

[02:35:01]

OF A WEIRD PROCESS BECAUSE USUALLY WE HAVE COMMUNITY MEETINGS, BUT IN THIS CASE, THE 200 FOOT NOTICE RING WAS WELL, THE SELLER.

UM, NORMALLY WE, WE TAKE THAT AND DOUBLE, IT WAS 400 FEET AND IT WAS STILL THE SELLER.

SO LET, LET, I JUST WANT TO BE CLEAR THAT TONIGHT WE WOULD TABLE TO A NEXT MEETING.

I THINK THAT'S GOING TO BE ADEQUATE.

UM, WE'VE ALREADY PROVIDED DRAFT COMMENTS BACK TO STAFF.

A LOT OF THE EXHIBITS THAT GO ON THE BACK ARE ALREADY CREATED.

AND SO THERE'S A NUMBER OF DOCUMENTS.

YOU KNOW, THERE'S A NUMBER OF ITEMS ON THE AGENDA TONIGHT.

UM, MOST OF THOSE HAVE ALREADY BEEN CREATED.

AND AS YOU POINTED OUT EARLIER, THERE'S MULTIPLE GROUPS THAT ARE LOOKING AT THESE DOCUMENTS.

SO, UM, I THINK IN, IN TWO WEEKS OR WHATEVER THE NEXT COUNCIL MEETING WAS, WE CAN GET TITLED TO THAT POINT.

UH, WE CAN HAVE CONVERSATIONS WITH SELLERS, WITH OUR CONSULTANTS.

WE'VE GOT THREE ATTORNEYS WORKING ON OUR SIDE ALONE, JUST ON THESE DOCUMENTS.

SO I'LL MAKE SURE THAT WE GET TABLE TO A DATE CERTAIN, AND THEN WE'LL, WE'LL BE BACK AND RECONVENE AT THAT TIME.

YEAH.

AND WOULD YOU MIND FORWARDING US YOUR PRESENTATION THAT YOU PROVIDED TONIGHT? ABSOLUTELY.

A MATTER OF FACT STAFF ALREADY HAS IT.

ALRIGHT.

I'D LIKE TO MAKE A MOTION TO POSTPONE AGENDA ITEMS. NUMBER 23, 28, 29, 30 31 32 AND 33 UNTIL THE NEXT REGULARLY SCHEDULED COUNCIL MEETING.

IT'S BEEN MOTION BY THE MAYOR.

SECONDED BY COUNCIL MEMBER.

TOBY SAYS THAT WE POSTPONE AGENDA ITEMS. NUMBER 23, 28, 29, 30 31 32 AND 33 UNTIL THE NEXT REGULAR SCHEDULED COUNCIL MEETING.

IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

UM, THANK YOU, MAYOR.

SEE YOU NEXT TIME.

ALL RIGHT.

WE'RE GOING TO TAKE A 10 MINUTE.

UH, ACTUALLY WE'LL DO AN EIGHT MINUTES.

SO WE'RE STILL GOING TO COME BACK AT NINE 50 IS WHEN WE'LL GO BACK YET.

SO, ALL RIGHT, I'M GOING TO CALL THIS MEETING BACK TO ORDER IT'S, UH, 9 55 WE ARE GOING

[34. Consider and possible action on a Resolution approving and authorizing the First Amendment to the Financing Agreement for the Plum Creek North Public Improvement District. ~ Paige Saenz, City Attorney]

TO BRING UP AGENDA ITEM NUMBER 34, UH, CONSIDERING POSSIBLE ACTION ON A RESOLUTION APPROVING AND AUTHORIZING THE FIRST, UH, AMENDMENT TO THE FINANCING AGREEMENT FOR THE PLUM CREEK NORTH PUBLIC IMPROVEMENT DISTRICT.

MARIN COUNCIL, PAGE SCIENCE CITY ATTORNEY FOR THE RECORD.

UH, THIS ITEM IS RELATED TO ITEMS NUMBER 24 AND 25.

IF I'M RECALLING THE NUMBERS CORRECTLY THAT YOU POSTPONED AND IS RELATED TO THOSE ITEMS, THE PID FINANCING AGREEMENT HAD A COUPLE OF PLACEHOLDERS FOR INFORMATION RELATED TO THE PLUM CREEK, NORTH PID, UM, THAT HAVE BEEN ABLE TO BE FILLED IN NOW WITH THE BOND PRICING.

UH, ONE OF THOSE IS THAT THE DEVELOPER HAD TO INSTALL A CERTAIN AMOUNT OF IMPROVEMENTS BEFORE THE BONDS WERE TO BE ISSUED, AND THAT AMOUNT HAS BEEN INSERTED IN THE AGREEMENT.

IT'S A $15 MILLION AND CHANGE.

UM, IN ADDITION TO THAT, THE INTEREST RATE IS 0%.

SO THOSE TWO ITEMS HAVE BEEN INSERTED INTO THE PYD FINANCING AGREEMENT.

WE RECOMMEND APPROVAL TO BE CONSISTENT WITH THE BOND PRICING NUMBERS.

RIGHT.

DOES ANYBODY HAVE ANY QUESTIONS FOR A PAGE ON JEANETTE AND 34? I WOULD JUST LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 34, PLEASE.

ALL RIGHT.

THAT MOTION IS MADE BY COUNCIL MEMBER FLOORS, KALE TO APPROVE AGENDA ITEM NUMBER 34, SECONDED BY COUNCIL MEMBER PARSLEY.

UH, WE ALSO NEED TO APPROVE AGENDA ITEMS, NUMBER 24 AND 25.

DO YOU WANT TO AMEND YOUR MOTION TO INCLUDE THOSE ITEMS? YES, PLEASE.

OKAY.

UM, I LIKE TO MAKE A MOTION TO AMEND MY MOTION TO APPROVE AGENDA ITEMS, NUMBER 24, 25 AND 34.

OH, IS THAT MEANINGFUL TO THE SECOND OR ALL RIGHT, SO THE MOTION IS TO APPROVE AGENDA ITEMS 24, 25 AND 34.

IS THERE DISCUSSION ON THAT MOTION? IF I CAN, IF I CAN JUMP IN PUBLIC HEARING OPEN.

I DID YOUR HONOR.

OKAY, GOOD, GOOD, GOOD REMINDER.

OKAY.

UH, IF THERE ARE NO OBJECTIONS, I'M GOING TO CLOSE THE PUBLIC HEARINGS ON THOSE ITEMS. THE PUBLIC HEARINGS ARE NOW CLOSED.

IS THERE ANY FURTHER DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SIX TO ZERO.

ALL RIGHT.

NEXT

[35. Consider and possible action on a Memorandum of Understanding by and between Yarrington Logistics Owner, LP and the City of Kyle, Texas for an industrial and commercial development within a tax reinvestment zone (TIRZ). ~ J. Scott Sellers, City Manager]

UP IS AGENDA ITEM NUMBER 35 CONSIDERING POSSIBLE ACTION ON A MEMORANDUM OF UNDERSTANDING BETWEEN YARRINGTON LOGISTICS OWNER LP AND THE CITY OF CONTEXT IS

[02:40:01]

FOR AN INDUSTRIAL AND COMMERCIAL DEVELOPMENT WITH A TAX INCREMENT REINVESTMENT ZONE.

MR. SELLERS, COUNSEL.

IT'S OUR FAVORITE TOPIC.

OH GOODNESS.

ALL RIGHT.

WHAT I'M PLACING UP ON THE SCREEN.

IN FACT, LET'S, LET'S GO TO THE EXHIBITS.

SO THIS IS AN A NON-BINDING MEMORANDUM OF UNDERSTANDING, BUT IT SIGNALS TO THE DEVELOPER THAT THE COUNCIL IS WILLING TO ENTERTAIN A TOURIST.

IN THIS CASE, THIS WOULD BE A TOURIST FOR A, WHAT WE'LL CALL THE ALLIANCE TERS OR, UH, YOU KNOW, YARRINGTON AREA TOURS, UH, WHAT YOU HAVE ON THE EXHIBIT HERE.

UH, YOU'LL SEE , UH, TO YOUR LEFT OR TO THE WEST, AND THEN, UH, PROPERTY BOUNDARY PARCEL LINE TO THE EAST.

NOW ON THAT DEPICTION, UH, YOU'LL SEE A PROPOSED GOFORTH ROAD.

THIS ROAD IS PART OF OUR TRANSPORTATION MASTER PLAN, UH, IMPROVEMENTS.

OOPS.

SO THAT ROADWAY IS ONE OF THE MAIN, UH, REASONS FOR THE TOURS.

GOING BACK TO WHAT COUNCIL JUST HEARD, UH, THE IS, IS REALLY BEING USED AS A FORM OF OFFSETTING COSTS THAT THE CITY WOULD OTHERWISE HAVE TO BEAR FOR THE IMPROVEMENTS.

UH, WHAT IS ALSO DIFFERENT ABOUT THIS TERM IS IT IS BEING, UH, PRE-FUNDED BY THE DEVELOPERS AND THE LAND OWNER.

SO IN THIS CASE, THE, THE RISK, UH, UPFRONT IS THE DEVELOPER AND THE LAND OWNER PUTTING THE MONEY FORWARD.

UH, THEY WOULD LIKE TO BE REIMBURSED OVER TIME FOR THE COST OF THESE IMPROVEMENTS.

NOW, THE IMPROVEMENTS ARE FOUND IN EXHIBIT B, UH, AND, UH, WOULD ENABLE THE DEVELOPMENT TO OCCUR.

NOW, THIS IS A DEVELOPMENT THAT, UH, FIRST AND FOREMOST, AND I'M GOING TO FLIP BACK UP TO THE EXHIBIT ON THE DEVELOPER PROJECT.

THAT'S 1.4 MILLION SQUARE FEET OF INDUSTRIAL BUILDINGS.

UH, SO THE DEVELOPER, UH, ANTICIPATES QUITE A SIGNIFICANT NUMBER OF JOBS AND REVENUE BACK TO THE CITY FROM BUILDING, UH, ALL OF THIS INDUSTRIAL SPEC, UH, THE ADJACENT OWNER PROJECT TO THE SOUTH IS FUTURE, UH, COMMERCIAL AREA THAT, UH, HAS A PLAN FOR LARGE RETAIL ON IT, UH, JUST FURTHER BEHIND FROM THE DEVELOPER PROJECT UP NORTH.

BUT THE JASON OWNER TO THE SOUTH IS ALSO, UH, GOING TO PUT MONEY UPFRONT MONEY INTO THIS DEAL, UH, WITH, WITH THE EXPECTATION OF BEING REIMBURSED BY THE TERS.

SO AGAIN, GOING BACK TO THESE DEVELOPER PROJECT COSTS, UH, YOU'LL SEE THE ELECTRICAL SUBSTATION NEEDED TO ENABLE THAT THREE PHASE POWER FOR THE A 1.4 SQUARE MILLION SQUARE FOOT OF, UH, INDUSTRIAL SPACE, THE LOGISTICS DRIVE, UH, WHICH IS THE DEDICATED ROADWAY TO GET THOSE 18 WHEELERS BACK SAFELY TO THE PROJECT, GO FORTH NORTH.

AND YOU'LL SEE, GO FORTH SOUTH A LITTLE FURTHER DOWN THAT IS A TO BUILD THE ENTIRETY OF GOFORTH ROAD THROUGH THOSE TWO PARCELS, UH, STREETLIGHTS.

THAT WOULD ALSO BE PART OF THE PROJECT AS WELL AS CONTINGENCY.

NOW THERE'S ADDITIONAL, UH, CROSS THAT, UH, THEY WOULD BE SETTING ASIDE FOR WHAT WE'RE CALLING THE FUTURE ROAD.

THAT WOULD BE THE ROAD BEING BUILT, THE PUBLIC ROAD, BEING BUILT THROUGH THE RETAIL AREA AGAIN, BECAUSE THE RETAIL AREAS LAGGING BEHIND IN ITS PLANNING.

UH, THERE'S NOT A DEPICTION OF WHAT THAT LOOKS LIKE YET, BUT THERE'S A ROADWAY TO SERVICE THAT RETAIL A FUTURE PUBLIC LIFT STATION WOULD BE THE LIFT STATION TO SERVE, UH, BOTH OF THOSE PARCELS.

UH, AS AGAIN, I'M GOING TO GO BACK UP TO THE MAP.

GRAVITY SEWER WOULD BE BROUGHT DOWN, GO FORTH ROAD TO, UH, THIS SECTION, THE LIFT STATION WOULD BE PLACED SOMEWHERE DOWN HERE, UH, WHICH WOULD THEN PUMP THE WASTEWATER BACKUP NORTH TO THE COOLSPRINGS, UH, 21 INCH WASTEWATER LINE.

AND THEN FINALLY, UH, THERE'S ALLOTMENT FOR THE VIBE TRAIL, WHICH ALSO FOLLOWS GOFORTH ROAD DOWN TO YERINGTON.

SO WITH THAT, THIS AGAIN IS THE MEMORANDUM TO, UH, FOR THE COUNCIL TO SIGNAL ITS INTENT, TO WORK WITH THE DEVELOPER, TO CREATE THE PROJECT FINANCING PLAN, UH, BRING BACK ALL THE, THE DOCUMENTS FOR THIS PROJECT.

UH, YOU'LL SEE, IN THE MOU THAT THERE'S, UH, ANTICIPATED DATES WHEREBY THE COUNCIL WOULD HAVE THESE DOCUMENTS READY TO GO AND BE PREPARED TO TAKE ACTION, UH, BETWEEN MAY AND JUNE OF 2022.

[02:45:03]

UH, THE DEVELOPER DOES ALSO ANTICIPATE A MEETING WITH HAYES COUNTY, UH, AS THIS IS AGAIN, A JOB CREATION PURRS, UH, AND, UH, HAVE ALREADY HAD SOME CONVERSATIONS WITH THE COUNTY.

IT LOOKS FAVORABLE THAT THE COUNTY, UH, WOULD PARTICIPATE IN THIS PROJECT.

UH, SO THAT KEEPS THE, THE RATE LOW DETERS RATE LOW FOR BOTH THE CITY AND THE COUNTY TO HAVE BOTH PARTICIPATE.

AND WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS.

AND THE DEVELOPER, UH, IS HERE FOR THE NORTH PROJECT AND THE LANDOWNERS HERE ALSO FOR THE SOUTH PROJECT AND ANY QUESTIONS FOR MR. SELLERS CUSTOMER FLOOR SCALE.

THANK YOU.

UM, I WENT THROUGH THIS HERS AS WELL AS I WENT TO THE OTHER ONE, AND I REALLY FEEL LIKE THIS IS WHAT A TERS IS FOR.

IT'S ON AN AREA THAT COULD USE, UM, SOME ATTENTION THAT NOBODY REALLY WANTS TO DEVELOP AND IT'S GOING TO BRING, UM, MUCH NEEDED ROADS.

SO WITH THAT SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 35 MOTION BY CUSTOMER FLOORS, KALE SECONDED BY COUNCILLOR RIZZO THAT WE APPROVE AGENDA ITEM NUMBER 35.

IS THERE DISCUSSION ON THAT MOTION? DO WE KNOW, OH, NO CUSTOMER BRADSHAW.

DO WE KNOW WHEN WE'RE GOING TO HAVE THE RETAIL PLANNING TO US THAT WOULD HAVE BEEN HELPFUL TO HAVE ON HAND BEFORE ASKING FOR AN MOU? IN MY OPINION, YEAH, THE, I DON'T BELIEVE THE RETAIL PLAN WILL BE READY EVEN BY MAY OR JUNE.

IT'S JUST THAT THE LANDOWNER'S ON A DIFFERENT TIME SCHEDULE, UH, HAS MET WITH DIFFERENT RETAILERS, BUT, UH, RIGHT NOW THERE'S NOT A DEAL WITH A DEVELOPER FOR THAT RETAIL SECTION.

SO AGAIN, THE LANDOWNER IS AWARE OF THE IMPROVEMENTS NEEDED TO BE MADE TO THE PROPERTY AND TO ENABLE THE PROJECT AND IS WILLING TO FRONT THAT MONEY FOR IT.

AND, UH, WITH THE EXPECTATION THAT, YOU KNOW, IN TIME AS THAT PROPERTY DEVELOPS BE REIMBURSED FOR THOSE EXPENSES.

YEAH.

ANY OTHER QUESTIONS OR COMMENTS, UH, IS THE PROJECT PROPOSING, UH, TO HAVE OTHER TYPES OF INCENTIVES AS WELL AS THIS, OR IS THIS THE ONLY INCENTIVE THAT THEY'RE PURSUING? SO I BELIEVE, OKAY.

UH, I'M GONNA SPLIT THIS IN THE ANSWER UP INTO NORTH AND SOUTH, THE NORTH PROJECT FOR THE INDUSTRIAL OUT.

WE'VE BEEN CLEAR AS STAFF THAT WHEN WE INCENTIVIZE THE DEVELOPMENT ITSELF, THAT WE TYPICALLY DO NOT INCENTIVIZE THE END-USER.

SO, UH, THE DEVELOPERS IS AWARE OF THAT AND, UH, UH, OUTSIDE OF SOME VERY LARGE PROSPECT THAT COULD USE AN ADDITIONAL INCENTIVE VIA 3 83 81, UH, DOES NOT HAVE PLANS TO COME BACK TO THE CITY FOR THE INCENTIVE, UH, THE PARCEL SOUTH.

WE REALLY HAVEN'T HAD THAT CONVERSATION ABOUT, UH, YOU KNOW, FEATURE 3 83, 2, 1 TYPE TYPE OF INCENTIVES.

IT'LL JUST DEPEND ON THE END USER.

WHAT ABOUT MUDS OR PIDS OR AT THIS POINT, THIS IS IT'S.

SO WHY WERE YOU PURSUING THE TERS HERE INSTEAD OF A 3 83 81, WHICH WOULD PROBABLY FUNCTION VERY SIMILARLY TO JUST A STRAIGHT UP TERS THAT'S A REIMBURSEMENT BACK TO THE DEVELOPER FOR TAXES.

UH, YEAH.

WAIT, I LEVI HARVESTS A DEVELOPMENT MANAGER WITH THE LIONS INDUSTRIAL DEVELOPER.

THANK YOU FOR YOUR TIME AND ALLOW ME THE FLOOR HERE.

UM, IT'S A SPECULATIVE DEVELOPMENT IN NATURE, AND THEREFORE WE DON'T KNOW WHAT TENANTS WERE GOING TO LAND.

UM, THEREFORE WE DON'T KNOW WHICH ONES WILL, UM, YOU KNOW, GARNER THE ATTENTION OF A THREE 80 OR 3 81 FROM THE CITY OR THE COUNTY.

THE TERRORS IS IN HAND AND SUPPORTS, UM, ROAD CONSTRUCTION AND SUPPORTS CREATED ASSESSED VALUE.

SO WE DECIDED TO GO THAT ROUTE, BUT A 3 83 81 WOULD ACCOMPLISH THE SAME THING.

WOULD IT NOT LITERALLY UTTERS IS, IS, IS TAKING MONEY FROM TAXES AND NOT CHARGING THEM SO THAT YOU MAY COLLECT THOSE REVENUES.

AND A THREE 80 AND 3 81 IS A, UM, UH, REIMBURSEMENT FOR TEXAS PAID FROM THE CITY AND THE COUNTY BACK TO THE DEVELOPER WITHOUT HAVING TO ESTABLISH THE MORE EXPENSIVE .

SO I JUST, I DON'T UNDERSTAND WHY WE WOULD, IF UTTERS IS THE ONLY THING WE WERE PURSUING.

SO W YOU KNOW, WE GAVE 3 83 81 FOR HPI AND WAS A VERY BIG MULTIMILLION DOLLAR DEAL.

UH, WE GAVE A THREE 80, UH, WITHOUT A 3 81 FOR MAJESTIC ON A FIVE-YEAR MUCH SMALLER DEAL.

AND THEN THE NEXT INDUSTRIAL SITE THAT CAME, WE GAVE, UH, NO 3 83 81, UH, AT ALL TO INCENTIVIZE THEIR PROJECT.

UH, SO

[02:50:01]

I JUST, UM, I GUESS I DON'T UNDERSTAND WHY IF, IF WHAT YOU'RE TRYING TO PURSUE IS, YOU KNOW, SOME TYPE OF INCENTIVE FOR THE PROJECT, WHY WE WOULDN'T GO THE TRADITIONAL 3 83 81 ROUTE IN MY EXPERIENCE, THE THREE 80 AND 3 81, SORTA SIMILAR TO WHAT SCOTT ALLUDED TO EARLIER, COME WITH THE, THE BIG, HIGH NAME HIGH-PROFILE TENANTS, UM, THE SPECULATIVE NATURE OF THE PROJECT THAT DON'T HAVE TENANTS IN TOW, UM, ALLOWED FOR THE TERS TO BE SOLIDIFIED EARLIER IN THE PROJECT.

I UNDERSTAND THAT.

DO WE NORMALLY DO A THREE 80 WITH A DEVELOPER THAT DOESN'T HAVE ANY TENANTS? I THINK THAT, I THINK THAT'S THE BOTTOM LINE.

THAT'S LIKE THE QUESTION DO WE NORMALLY DO THAT RELATES TO INCENTIVIZING INDUSTRIAL DEVELOPMENT.

WE HAVE GONE FROM INCENTIVIZING IT HEAVILY WITH THE HBI TO INCENTIVIZING IT VERY LITTLE, BECAUSE THE MENTALITY HAS BEEN THAT INDUSTRIAL DEVELOPMENT IS A HIGH IN EXTREMELY HIGH DEMAND, AND THEREFORE IS NOT, DOES NOT NECESSARILY NEED THAT KIND OF AN INCENTIVE, BUT IF THERE WAS AN END-USER, UH, FOR EXAMPLE, OR SOME PARTICULAR ELEMENT THAT WE WERE WANTING TO FINANCE, LIKE A UPGRADED ROAD, UH, OR A ROAD IN GENERAL, MAYBE THAT SERVES MORE THAN JUST THE PROJECT OR SOMETHING ALONG THOSE LINES, WE COULD PURSUE A 3 83, 2, 1, YOU KNOW, DEAL WITH THE COUNTY.

SO IT'D BE VIRTUALLY THE SAME THING, JUST MUCH CHEAPER.

AND THEN ALSO WITHOUT THE BAGGAGE OF HAVING TO DO IT, UH, TOURS.

BUT SO WHAT YOU'RE SAYING IS YOU DON'T THINK THE COUNTY WOULD DO A 3 81, EVEN THOUGH IT WAS A JOB.

I'LL TALK TO SOMEONE BACK TO SCOTT.

NO, I, THEY, THEY MAY, YOU KNOW, I HAVEN'T HAD THAT CONVERSATION WITH THEM.

I REALLY FELT THAT THE TERMS WAS MORE FROM THE INTERNAL FINANCING STRUCTURE OF THE COMPANY AS IT'S REIMBURSING ITSELF FOR THE IMPROVEMENTS THAT A TOUR'S WAS A MORE STABLE INSTRUMENT, BUT THAT'S WHAT A THREE 80 WOULD DO AS WELL.

YOU DON'T, YOU CAN'T, YOU CAN'T UTTERS ONLY GENERATES REVENUE ON THE BACK OF THE DEVELOPMENT, THE IMPROVEMENT THAT IS MADE.

SO IT CREATES SOME TYPE OF IMPROVEMENT.

AND THEN THERE'S SOME PURSE, SOME TAX NUMBER THAT GETS, INSTEAD OF BEING DEPOSITED INTO THE GENERAL FUND IS DEPOSITED INTO A SPECIAL TERSE FUND.

THAT'S THE ONLY DIFFERENCE BETWEEN THAT.

AND I ACTUALLY WOULD LIKE PERVEZ TO SPEAK ON THIS, MAYBE BECAUSE IF PERVEZ HAS THOUGHTS OR JOHN, BECAUSE I JUST, I DON'T UNDERSTAND THE MATHEMATICALLY, WHY WE WOULD NEED TO GO WITH THIS MORE COMPLICATED STRUCTURE HERE IN ORDER TO INCENTIVIZE IF THAT'S WHAT WE WANTED TO DO FOR THIS PROJECT.

SO THE HAND JOHN SNYDER WITH B3 WORKS, UH, ONE THING I HAVE HEARD DEVELOPERS SAY, UH, IN, IN OTHER CITIES IS THAT THEY PREFER THE TERMS BECAUSE IT'S NOT SUBJECT TO ANNUAL APPROPRIATIONS.

AND SO IF, FOR INSTANCE, THEY WERE GONNA, UM, IF AN INVESTOR IS LOOKING AT BUYING THE REVENUE STREAM, THEY, THEY SOMETIMES GET NERVOUS.

IT IS SUBJECT TO ANNUAL APPROPRIATIONS BECAUSE THE COUNTY'S PARTICIPATION IS THROUGH AN ILA.

AND SO, SO THE COUNTY'S PIECES, BUT I THINK THE CITY'S PIECE IS NOT AS I UNDERSTAND THAT.

SO THE, THE TERS I THINK IS, IS SEEN AS A MORE STABLE REVENUE STREAM.

YEAH.

THAT'S NOT A GOOD ENOUGH REASON TO CREATE A TERSE.

IT'S JUST NOT, WELL THAT'S, YOU KNOW, THE, THE, THE THERE'S NO MORE OR LESS STABLE TAX SOURCE THAN BETWEEN A 380 AND A TURKISH FROM THE STANDPOINT OF THE FUNCTION OF THE CITY.

LET'S NOTE THAT FOR THE RECORD, PLEASE, WAS THAT SOME KIND OF COMMENT I'M JUST SAYING, I THINK, I THINK YOU'RE RIGHT.

TAXES IS NOT A REASON TO DO IT.

I DO THINK INFRASTRUCTURE IS, I DO BELIEVE, UM, KEEPING THE MONEY IN THE SAME AREA THAT IS ALREADY KIND OF NEEDING, UH, LOTS OF LIGHTS AND ROADS AND IMPROVEMENTS IN THE AREA IS A REASON FOR UTTERS.

UM, I COMPLETELY AGREE WITH YOU.

I, I AM SAYING YES, YOU ARE.

RIGHT.

OKAY.

BUT IN ADDITION TO THAT, I ALSO THINK THAT THIS AREA WOULD QUALIFY BECAUSE THERE IS A, IT'S LACKING A LOT OF STUFF THAT NEEDS BASIC IMPROVEMENTS, ROADS, STREETS, SIDEWALKS, LIGHTS, ANYTHING THAT CAN MAKE, THAT CAN IMPROVE THE PROPERTY VALUE.

ANYTHING THAT COULD MAKE, KEEP IT IN THAT AREA, I THINK IS A GREAT IDEA.

THOSE ARE THE THREE 80 AND THE 3 81 KEEP A CERTAIN PERCENTAGE OF MONEY IN THE SAME AREA, EXACT SAME AMOUNT.

THAT'S JUST THE WAY, THAT'S THE WAY THAT WORKS.

THIS THERESE IS PROPOSED TO FUND SPECIFIC INFRASTRUCTURE.

YOU CAN, YOU CAN DO THIS EXACT SAME THING WITH, LOOK I'M, I'M NOT TRYING TO ARGUE AGAINST CREATION OF UTTERS HERE, BUT YOU'RE, YOU'RE MISSING WHAT THE BROADER POINT OF WHAT UTTERS IS AND HOW IT FUNCTIONS.

SO WHAT THEY ARE SAYING, WHAT THEY JUST SAID IS THE DIFFERENCE IS THE LIABILITY, UM, THAT THEY, UH, AS IT RELATES TO A PAYMENT BEING MADE FROM THE CITY TO THEM AND UTTERS BINDS US MORE TO MAKE THAT PAYMENT BACK TO THE DEVELOPER IN THE FORM OF AN INCENTIVE.

THAT'S NOT THE POLICY THAT WE'VE EVER HAD FOR HOW WE DO INCENTIVES, YOU KNOW, ANY OF THE, ANY OF THE BIG, UH, JOB CREATING DEALS THAT WE'VE DONE.

WE'VE DONE THROUGH THREE EIGHTIES AND THREE 80 ONES.

AND SO WE'RE BEING TOLD TO CHANGE HERE

[02:55:01]

BECAUSE THE, IT MAKES THE DEVELOPER MORE COMFORTABLE, BUT NUMBER ONE, IT'S MORE EXPENSIVE.

AND NUMBER TWO, IT'S, IT'S, YOU KNOW, WELL, IT'S, IT'S JUST MORE EXPENSIVE TO, TO, TO SET UP.

AND AS IT HAS BEEN SAID, YOU KNOW, THE, YOU KNOW, WE'RE, WE'RE TRYING TO LIMIT THE NUMBER OF TERESA'S, UH, JUST IN GENERAL, THAT, THAT, YOU KNOW, THAT WE CREATE, BUT A THREE 80 IS ATTACK.

YOU CAN GIVE IT ON, YOU CAN GIVE 50% OR A HUNDRED PERCENT IN THIS CASE, THE TERS IS ONLY PROPOSING TO HOW MANY PENNIES, 20 CENTS PROJECT DOLLARS, 20 CENTS BETWEEN THE COUNTY.

AND ALSO A LOT OF THE CITY'S SIDE, 11 CENTS, 11.6, 7 CENTS FROM THE CITY.

RIGHT.

SO YOU CAN, YOU CAN, UH, YOU CAN DO THAT EXACT DEAL THROUGH, UH, UH, A THREE 80 AND 3 81, AND IT'S FASTER AND CLEANER.

SO, BUT CAN YOU EXPLAIN TO ME WHAT YOU, WHEN YOU SAID THE, IT HAS TO DO WITH THE END-USER? WHAT, WHAT DID YOU MEAN BY THAT? I APOLOGIZE.

I COULD HAVE BEEN MISUNDERSTANDING THE, NOT AN EXPERT IN PUBLIC FINANCING, SO I APOLOGIZE THERE IF I MISSPOKE.

UM, THAT'S THE WAY I RATIONALIZE IN MY HEAD.

I ACTUALLY CAME ON BOARD TO ALLIANCE INDUSTRIAL, UH, FOR FULL TRANSPARENCY.

UM, LAST SUMMER AFTER THE DISCUSSIONS HAD ALREADY, UH, STARTED BETWEEN MR. SELLERS AND, UH, MY TEAM WITH ALLIANCE INDUSTRIAL.

UM, SO I APOLOGIZE.

I'M NOT, I'M NOT EXACTLY CERTAIN WHAT KIND OF DISCUSSIONS HAPPENED AT THE VERY BEGINNING THAT LED US TO THE TERRORS, UM, IF IT WAS, UH, DIFFERENT THAN WHAT I UNDERSTOOD AND PORTRAYED EARLIER.

WELL, I WOULD ALSO BE, I'D BE INTERESTED TO KNOW WHAT THE COUNTY'S FEEDBACK, IF THEY HAD A PREFERENCE BETWEEN THREE 80 AND THREE 80 OR 3 81, AND TERS ILA, UM, YOU KNOW, ON THE STEEL AS WELL AS MY ONLY OTHER THOUGHT.

SO IT'S TH TH IT'S PRETTY MUCH THIS.

OKAY.

RIGHT.

ALL RIGHT.

WE'LL TALK A LITTLE HISTORY HERE.

SO THE PROJECT ITSELF HAD A LARGER BOUNDARY.

UH, THE ALLIANCE GROUP WAS ON A FASTER HORIZON THAN SOME OF THE OTHER GROUPS.

UH, SO IF WE WERE TO LOOK AT THAT SAME ILLUSTRATION AND LOOK NORTH, THERE IS A SUBDIVISION THAT IS PROPOSING A COMBO TO FUND THE REMAINDER OF THE INFRASTRUCTURE FROM QUAIL RIDGE NORTH, AND THEY'RE STRUCTURED.

THEY DIDN'T HAVE ENOUGH CAPACITY IN THEIR PIT.

THEY ALSO WANTED TO JUMP INTO A TOURS NOW, AGAIN, BECAUSE OF THE, THE PACE THAT LINES IS MOVING FORWARD, THEY BROKE OFF AND JUST KEPT THE TERS, UH, GOING.

BUT THERE IS THE SECOND PIECE OF THIS.

THAT'S STILL FORTHCOMING, WHICH IS THE PITCHERS COMBO FOR LIMESTONE CREEK.

AND THAT'S, THAT'S WHY I BECAME A TERS RATHER THAN A THREE TO 31, BUT THE TURDS ISN'T GOING TO INCLUDE THAT.

NOT, NOT AS PRESENTED.

SO IT'S, IT COULD, IF COUNCIL WRAPS THAT NORTH PIECE INTO IT AND DOES THE PIT TERS SECTION FOR LIMESTONE CREEK AND THEN THE REMAINDER OF THE TOURS HERE.

OKAY.

ANY OTHER QUESTIONS? COMMENTS, WHAT ELSE, SCOTT, JUST REAL QUICK, UH, WHEN WE'RE LOOKING AT THE ROAD IMPROVEMENTS, WHAT ROAD IMPROVEMENTS ARE WE ACTUALLY LOOKING AT? SO LIGHTING SIDEWALKS AS WELL.

YEAH, SO THE, THIS IS GOFORTH ROAD.

UH, I BELIEVE THE CROSS SECTION IS A FOUR LANE ROADWAY FROM, UH, YARRINGTON ON THE SOUTH.

IN HONESTLY IT GOES UP TO A BB ON THE NORTH, BUT THIS SECTION HERE BUILDS THAT FIRST SECTION TO QUAIL RIDGE.

AGAIN, THE NEXT DEVELOPMENT, WHICH IS LIMESTONE CREEK WOULD BUILD FROM QUAIL RIDGE NORTH TO WHAT WE CALL THE TRACT, WHICH IS JUST SOUTH OF COUNTY ROAD 1 58.

AND THEN WE STILL HAVE SOME, SOME GAPS WHERE OTHER DEVELOPMENTS ARE GOING TO COME IN AND BUILD THOSE PHASES OF ROAD.

NOW, EVERY ONE OF THESE DEVELOPMENTS HAS SAID, YOU KNOW, TO BUILD THE CITY INFRASTRUCTURE, YOU KNOW, A LARGE FOUR-LANE ROAD LIKE THIS, THERE NEEDS TO BE SOME SORT OF, UH, TERS PAID, ET CETERA, TO MAKE THIS HAPPEN.

SO THIS STARTED MUCH MORE BROADLY WITH MULTIPLE DEVELOPMENTS COMING IN AND HOW TO FUND GO FORTH ROAD, PLUS THE ASSOCIATED WASTEWATER IMPROVEMENTS, UH, AND STORM WATER.

I SHOULD MENTIONED THIS, UH, RESOLVED SOME OF THE BIG STORMWATER SHES WE'VE HAD FROM AGAIN, LIMESTONE CREEK AREA DOWN THROUGH QUAIL RIDGE DOWN TO YARRINGTON.

SO THIS IS GOING TO INCLUDE A PRETTY LARGE PIPELINE, UH, TO ONE OF THE, UH, CORY PONDS IN THE YARRINGTON.

AND WHAT SECTION IS THE CITY, UH, FILL THAT, UH, INFRASTRUCTURE

[03:00:01]

WHEN IT COMES TO FLOODING? WHAT AREAS ARE WE CAPTURING FROM THE CITY? UH, SO THIS, THIS, IT'S HARD FOR ME TO BREAK OUT THIS PROJECT ALONE WITHOUT TALKING LIMESTONE CREEK, BECAUSE IT'S, IT'S A SYSTEM.

NO, I'M TALKING ABOUT WHAT FEEDS INTO THE FLOODING THERE.

WHAT AREAS OF TOWN FEED INTO THE PLUMBING INTO THAT FLOODING SYSTEM? IT, IT REALLY STARTS WITH, UH, WE'LL CALL IT THE ALLOWED IN PROPERTY, BUT LIMESTONE CREEK PROPERTY, WHICH WE KNEW AS SPOONER TRACKED IN THE PAST, THAT MIGHT BE MORE FAMILIAR.

YEAH.

SO IT STARTS REALLY ON THAT PROPERTY THEN COMES THROUGH QUAIL RIDGE.

SHE COMES DOWN INTO THIS DEVELOPMENT AREA, UH, YOU KNOW, DOWN TO YORKTON.

OKAY.

ANYTHING, UH, FROM, UH, THE PARK DOWNTOWN.

DOES THAT FEED DOWN THAT WAY DOWN FIT? I WAS JUST WONDERING, CAUSE I'M LOOKING AT THE, I'M THINKING OF THE WAY IT FLOWS.

SO DOES IT THAT'S THAT'S TAKEN UP IN THE AND NOT EVEN READING, NOT EVEN THE ROLLING LANE ANYWAY, FROM THERE.

IS THAT A CREEK? OKAY.

JUST MAKING SURE.

I JUST WANTED YOU TO KNOW.

THANK YOU, SCOTT.

OKAY.

CUSTOMER FLOORS KILLED.

THANK YOU.

COULD WE AT A LATER DATE, UM, EXTEND THAT TERS TO THE ONE 50 ALL THE WAY BACK TO THE 21, BECAUSE I THINK IT'S KIND OF IN THAT AREA.

UH, SO WHAT YOU'RE ASKING WAS PART OF AN ORIGINAL PLAN THAT BASICALLY TOOK A HUGE SWATH OF, OF EAST KYLE AND PUT IT INTO A TOURIST BECAUSE THERE ARE SO MANY DIFFERENT DEVELOPMENTS JUST LIKE THIS THAT ARE ABOUT READY TO COME OUT OF THE GROUND.

UH, WE WANTED TO CAPTURE THE VALUE, NOT JUST FOR GOFORTH ROAD, BUT SEVERAL EAST WEST ROADS AS WELL, INCLUDING ONE 50, BUT IT CAN BE DONE.

LIKE WE CAN ADD IT ON LATER ON.

IT COULD NOW HERE'S, HERE'S WHAT THE HOPE AT THE TIME WE PUT THAT TOGETHER WAS FOR THE COUNTY TO PARTICIPATE.

NOW AGAIN, THE COUNTY HAS SOMEWHAT CHANGED.

ITS STANCE ON TERMS IS TO BE A BUNCH OF MORE ECONOMIC DEVELOPMENT FOCUSED, WHICH IS WHY THIS, YOU KNOW, THEY'RE MORE INTERESTED IN, IN THIS PROJECT, HOWEVER YES.

CAN OF TERMS BE EXPANDED AT A LATER DATE.

IT CAN.

OKAY.

THANK YOU.

UM, IS THE PROP THE SUBJECT PROPERTY ALREADY IN THE CITY LIMITS OF THE CITY OF CONDOMS? YEP.

UM, OKAY.

IF WE TRY TO EXPAND THE TERS LATER IN ORDER TO CONTINUE WITH COUNTY PARTICIPATION, THEY'LL HAVE TO RATIFY THAT IN THEIR OUTLAY.

THEY WON'T IMMEDIATELY BE JOINING IF WE EXPAND AS WELL.

RIGHT.

IT WOULD BE HELPFUL TO GET THE COUNTY ON BOARD VERY QUICKLY ON THIS END, AGAIN, TO TALK ABOUT THE EXPOUND EXPANDED BOUNDARY, ESPECIALLY LIMESTONE CREEK, BUT COUNTY ROAD 1 58, WHICH THE COUNTY IS VERY INTERESTED IN SINCE MOST OF THAT IS IN THE COUNTY, ONE 50 EVEN GRIS MILL, SOME OF THE ROADS FURTHER NORTH.

SO THERE ARE A LOT OF ROADS AND OTHER INFRASTRUCTURE LIKE DRAINAGE COUNTY HAS BEEN VERY INTERESTED IN THE QUAIL RIDGE SUBDIVISION FOR, FOR MANY YEARS, UH, BECAUSE OF THE DRAINAGE ISSUES.

SO A LOT OF ISSUES COULD BE SOLVED WITH A LARGE JOINT CITY COUNTY TERRORS THAT GET JUST BECAUSE OF THE PACE OF THIS, WE BROKE IT OUT AND MOVED IT FORWARD AHEAD, BUT THAT WAS THE PLAN TO BRING EVERYTHING TOGETHER TO THE COUNTY.

UM, AND THE ACTION WE'RE TAKING THE DATA JUST FOR THE STUDY.

THIS IS JUST THE MOU TO, TO START THE PROCESS, BUT WE CAN PICK UP THOSE CONVERSATIONS IN ERNEST YEAH, I GUESS.

UH, AND I APPRECIATE THE QUESTIONS MAYOR.

UH, I GUESS I STILL, HAVEN'T HEARD A VERY STRONG ANSWER FOR WHY THAT DETERS OVER THE THREE 80 AND 3 81.

I GUESS IF WE'RE TALKING ABOUT EXPANDING IT AND GETTING, UM, VARIOUS DIFFERENT INFRASTRUCTURE IMPROVEMENTS, I GUESS THAT IS, IF ANYTHING I CAN MAKE THE CONNECTION IS WHY WE WOULD WANT TO DO THE TOURS IN.

AM I OFF BASE ON THAT SCOTT? YEAH.

COUNCIL MEMBER.

THAT'S.

THAT IS EXACTLY WHY WE STARTED WITH THE TERS WHEN WE DID.

AND FRANKLY, UH, AGAIN, OF THE TIMING OF THE ALLIANCE GROUP, WE KIND OF SPLIT THEM OFF TO GO AHEAD.

BUT YES, I, THAT WAS THE ORIGINAL IMPETUS WHY WE DID NOT DO 3 83 1.

OKAY.

BECAUSE FOR ME, I'M KIND OF IN AGREEMENT WITH AT LEAST THE QUESTIONING BY THE MAYOR ON THIS PARTICULAR PROJECT THAT THIS MEETS EVERYTHING THAT I, I FEEL WE'VE NOT ONLY DONE IN THE PAST, BUT THE EXPECTATION OF A THREE 80 AGREEMENT AT THE VERY LEAST, IF NOT THE COUNTY PARTICIPATION WITH THE 3 81, UM, IT'S THE INFRASTRUCTURE, THE IMPROVEMENTS THAT ARE, THAT ARE KEY TO ME, UH, WHEN, WHEN OTHER PARTS OF OUR CITY BENEFIT, WHETHER IT'S, UH, UM, FLOODING INFRASTRUCTURE, ROAD, INFRASTRUCTURE, YOU NAME IT, UH, THOSE THINGS IMPROVE AND HELP OUT REGIONALLY, WHICH FOR ME MAKES A STRONG CASE FOR THE CHURCH.

BUT I REALLY DO.

I DON'T KNOW, I GUESS I'M, I'M NOT TOO FOND OF THE RESPONSES ON WHY, UH,

[03:05:01]

WENT TO TURKISH ROUTE.

AND YOU SAID THERE WAS NO CONVERSATIONS YET WITH THE COUNTY ABOUT A POTENTIAL 3 81, 3 80 AGREEMENT.

CORRECT.

THERE WERE CONVERSATIONS ABOUT TERMS, BUT NO, SIR, NOT ON 3 83 1.

OKAY.

AND IS THERE IS TIME OF THE ESSENCE TO GET THIS, UH, DONE NOW, EVEN THIS PART OF IT, OR COULD WE TAKE TIME TO HAVE THOSE CONVERSATIONS AND THEN COME BACK AT OUR NEXT MEETING? SO I BELIEVE THE ALLIANCE GROUP HAS, IS READY TO GO.

THEY'VE TAKEN DOWN THE PROPERTY, THEY'RE READY, THEY'VE GOT THEIR INTERNAL FINANCINGS SET AND, UH, HAVE PLANS THAT THEY'VE ALREADY DONE SOME DIRT WORK ON THE PROPERTY.

SO THEY DO WANT TO GET STARTED VERY QUICKLY.

UH, THAT SAID, AGAIN, THEY'RE, THEY'RE LOOKING FOR THE TERMS AND IF THE CITY NEEDS TO EXPAND THE BOUNDARY AND HAVE CONVERSATIONS IN THE INTERIM, THEN THAT'S WHAT WE NEED TO DO.

WELL, UH, FOR THE, UH, UP FOR ALLIANCE WHERE YOU ABANDONED THE PROJECT, IF THERE'S NO TOURS AND A 3 83 81 AGREEMENT IS INSTEAD PURSUED OUR UNDERWRITING, UH, INTERNALLY AND OUR CAPITAL PARTNERS ARE RELYING ON THE PUBLIC FINANCING FOR THE PROJECT.

YES.

BUT PUBLIC FINANCING, PAUL, THE TERMS IS NOT A PUBLIC FINANCING TOOL.

IT IS, IT IS A, ARE YOU PROPOSING TO BOND FROM THE TERSE? I'M NOT A PUBLIC FINANCE EXPERT.

DON'T PRETEND TO BE IN MY HEAD.

I CONSIDER IT A PUBLIC FINANCE.

PAUL IS THE WRONG TERM.

TERRORIST IS, IS WHAT I MEANT.

WE'RE NOT PLANNING TO BOND.

WE WANTED TO KEEP THIS SIMPLE MOVE FORWARD WHERE WE THOUGHT OUR INTERESTS WERE ALIGNED AND GETTING THE PROJECT STARTED AND COMPLETED IT ON THE GROUND TO BRING THE JOBS TO KYLE AS SOON AS POSSIBLE.

THAT'S WHAT WE'RE TRYING TO DO IS DO YOU HAVE ANYTHING ELSE? YEAH, I GUESS I I'LL, I'LL GIVE IT TO THE FLOOR HERE, BUT I THAT'S, THAT'S THE POINT OF A THREE-YEAR AGREEMENT IS TO PROMOTE SERVICES AND ECONOMIC DEVELOPMENT.

SO I GUESS THAT'S WHAT I WAS TRYING TO UNDERSTAND FROM THE DEVELOPER, IF IT IS TRUE, THEY, THE, UH, THE INCENTIVE AND HELPING, UH, PUBLIC FINANCING, OR IF IT'S SPECIFICALLY THE TERMS THAT YOU ALL NEED.

AND, UM, I DON'T KNOW.

MAYBE WE CAN GET A BETTER ANSWER, UM, ON THAT, BUT, UH, I DON'T KNOW.

I THANK YOU MIRROR.

THE LAST COMMENT ON THAT IS BACK TO THE TIME OF THE ESSENCE AND THE SPEED WITH WHICH WE'RE HOPING TO GET GOING.

UM, AND BEING FURTHER 3 83 81 IS FASTER THAN TERS GOT IT, EXCEPT FOR THAT WE'RE DOWN THE ROAD ON THE TERS.

UM, I HAVEN'T BEEN THROUGH 3 83 TO ONE, SO I COULD BE WRONG.

WE COULD BUILD A JUMP RIGHT AHEAD.

I, UM, I'M NOT SURE, BUT WE'RE DOWN THE ROAD ON THE TERRORS.

IT ALSO PROVIDES OPPORTUNITY TO POTENTIALLY EXPAND IN THE FUTURE, UH, YOU KNOW, TO BENEFIT THE CITY TO SCOTT'S POINT EARLIER.

UM, SO, UH, WE UNDERWROTE SOME FORM OF, UH, ASSISTANCE UTTERS IN THIS CASE, UH, TO PAY FOR THE PUBLIC INFRASTRUCTURE THAT WE ARE CONSTRUCTING.

UM, UH, AND, AND WE'RE RELYING ON IT FOR THE PROJECT.

OKAY.

WELL, I, SO I JUST WANT TO BE CLEAR.

UM, I, DON'T MY COMMENTARY IN PARTICULAR, AND I HEARD COUNCILOR ELLISON WHO MIGHT REPRESENT THE DIFFERENT OPINION.

HERE ARE, NEITHER OF US ARE, ARE SAYING WE DON'T WANT TO FUND THE INFRASTRUCTURE OR HAVE THE PROJECT HAPPEN.

WE'RE NOT TRYING TO SAY WE WANT TO PRODUCE LESS.

IT'S REALLY MORE A QUESTION OF, CAUSE WE, WE DO WANT TO FUND THAT INFRASTRUCTURE AS WELL.

SO IT'S A QUESTION OF WHAT IS THE APPROPRIATE TOOL IF YOU'RE ALREADY IN CITY, UH, YOU KNOW, LIKE FOR EXAMPLE, A PIT IS ANOTHER WAY OF CREATING AN ASSESSMENT AND YOU CAN ACTUALLY BOND, UH, AND CREATE THOSE CASH FLOWS.

UH, 3 83 81 IS A QUICK VOTE OF, UH, OF COUNCIL AND THAT AUTHORIZES YOU TO HAVE REIMBURSEMENTS BACK ON THE TAXES THAT ARE ASSESSED, WHICH IS, UH, THE SAME CASH FLOWS, EXCEPT THAT IT'S JUST SIMPLER AND EASIER.

AND THEN OUR TAX RATE STAYS, UH, UH, WHOLE, BUT AT THE SAME TIME, UH, YOU'RE ABLE TO BORROW AGAINST IT.

SO FOR EXAMPLE, THE HPI, WHICH IS A VERY SIMILAR PROJECT TO WHAT YOU WERE PROPOSING, THE HPI DEVELOPMENT DID A 3 83 81 DEAL, AND IT WAS, UM, AND THEY PUT IN $10 MILLION WORTH OF INFRASTRUCTURE ROADS IN PARTICULAR ON THE BACKS OF THAT 3 83 81.

AND THAT WAS ONE VOTE OF COUNCIL.

AND THEN THERE'S NOT A BOARD BEING CREATED A TON OF OVERSIGHT THAT HAS TO GO INTO IT AS WELL.

SO I THINK IF YOU WENT BACK, EVEN IF WE APPROVE THIS AS A START, I THINK IF YOU WENT BACK AND COULD GET THE SAME FUNCTIONALITY AND LOOK INTO IT, YOU MIGHT DECIDE THAT YOU COULD GET THERE FASTER ON A 3 83 81.

SO ALL OF THAT SAID, IF IT'S, YOU KNOW, IF IT, IF IT'S, UH, YOU KNOW, IT COMES DOWN TO THE COUNCIL SAYING, WELL, IT DOESN'T MATTER.

WE HAVE THIS IDEA

[03:10:01]

IN OUR HEAD THAT THIS IS THE, THE APPROPRIATE PATH TO TAKE.

I'M NOT GOING TO TRY TO STAND IN THE WAY, BUT I'M JUST TRYING TO BE THE VOICE OF REASON BECAUSE THE MATH ON THIS, IT DOESN'T MAKE SENSE TO ME AS TO WHY WE WOULD WANT TO CREATE THAT TERS THAN LESS, THERE WAS AN EXPANSION, IN WHICH CASE, WHY ISN'T THE CITY, SORRY, CITY SIRI.

UM, IN WHICH CASE THE CITY SHOULD CREATE THE TERMS FOR THE SIZE THAT IT WANTS TO CREATE IT JUST LIKE WE DID IN TURN NUMBER TWO, WE, WE CREATED THE BOUNDARY.

WE LOOKED AT WHAT WE WANTED TO INCORPORATE AND HOW WE WANTED TO FUND PARTICULAR IMPROVEMENTS AND, AND, AND MADE THOSE DECISIONS.

TERSE, NUMBER ONE, SAME THING, WENT OVER MULTIPLE DEVELOPMENTS, MULTIPLE OWNERS.

AND IT WAS ALL PART OF A PROJECT IN ORDER TO FUND THE INFRASTRUCTURE IN THIS CASE.

IT'S, IT'S JUST, UH, IT'S JUST A LITTLE BIT DIFFERENT.

SO THERE ARE DIFFERENT DIFFERENT MODELS, BUT, UH, I'VE, I'VE SAID MY PIECE ON IT.

UM, I'M NOT TRYING TO STOP THIS AND I HOPE THAT'S NOT THE PERCEPTION.

I'M JUST STRAIGHT UP TRYING TO TALK THE MATH ON IT.

ANYWAY, IS THERE OTHER DISCUSSION PROVIDES? I CALLED YOU OUT AND YOU DIDN'T EVEN COME FORWARD, BUT IF I FEEL LIKE YOU MIGHT HAVE SOMETHING YOU WANT TO SAY ON ALL THIS, YOU MAY NOT LIKE WHAT I HAVE TO SAY MIRROR.

OH, I, YEAH, I, IT'S NOT OUR FIRST TIME.

UM, BOTH THREE 80 AND TUTORS ARE ECONOMIC DEVELOPMENT INSTRUMENTS.

IT'S UP TO THE COUNCIL, WHICH ONE FITS BETTER.

SO YOU'RE ABSOLUTELY RIGHT.

IN THE CASE OF HPI, WE DID A THREE 80.

I AM NOT AWARE IF, IF A COUNTY DID A 31, BUT IT'S WORKING FINE.

THEIR DEVELOPERS GETTING REIMBURSED OVER TIME FROM THEIR PROPERTY TAX REVENUES THAT THEY PAY AND THEIR TENANTS PAY.

ARE THERE FUTURE PROPERTY OWNERS WITHIN THE BOUNDARY OF THAT THREE 80 AGREEMENT.

SO THAT WORKS.

WE HAVE A PIT POLICY.

WE HAVE A THREE 80 POLICY.

WHAT IS CONFUSING? THE DEVELOPERS, THE STAFF AND COUNCIL, I BELIEVE IN MY OPINION, IS STRICTLY MY OPINION.

IT'S NOT LEGAL OPINION IS SIMPLY FROM A FINANCIAL PERSPECTIVE.

WE DON'T HAVE A TERSE POLICY.

SO WHEN IT COMES TO PICKING AND SELECTING A ECONOMIC DEVELOPMENT INSTRUMENT TO FINANCE A PROJECT, WE HAVE BOTH OF THESE AVAILABLE.

SO THE DEVELOPER COMES AND SAYS, HEY, WHAT ABOUT UTTERS? WHAT ABOUT A PIT TERS COMBO? IF WE HAD A POLICY, WE WOULDN'T BE VERY CLEAR.

AT WHAT POINT DOES HERS IS AN APPLICABLE INSTRUMENT FOR THREE 80.

I MEAN, FOR ECONOMIC DEVELOPMENT IN THE CITY OF KYLE, NOT BUDA, NOT SAN MARCUS FOR US RIGHT HERE.

SO IN THE ABSENCE OF A POLICY, BOTH OF THESE ARE AVAILABLE TO YOU AS A TOOL.

IF I WAS THE DEVELOPER AND I HAD OPTION A PICK THREE 80 BEHIND DOOR NUMBER ONE, OR TERS BEHIND DOOR, NUMBER TWO, I WILL ALWAYS GO FOR A TERM.

NUMBER TWO, I MEAN, DOOR NUMBER TWO FOR OUR TOURISTS, BECAUSE IT GUARANTEES THE ANNUAL APPROPRIATION.

THEY CAN TAKE IT TO THE BANK, THEY CAN TAKE IT TO THEIR UNDERWRITERS AND GUARANTEES THE FLOW OF CASH, EVEN THOUGH WE'RE GOOD FOR HIM, MONEY ON THREE EIGHTIES, WHEN WE DO AN AGREEMENT, WE COMMIT, WE HAVE OBLIGATIONS.

WE SET ASIDE THOSE MONEY.

WE ENSURE THAT THEY GET PAID ON TIME.

WHAT, I'M NOT CLEAR HERE, AND MAYBE SCOTT CAN ELABORATE IS I'M PRETTY SURE THE TERS.

IF WE WERE TO GO TERS ON THIS DEVELOPMENT, THE BOUNDARY IS GOING TO BE LARGER THAN JUST THEIR DEVELOPMENT.

SO THEY HAVE MORE INCREMENT REVENUES COMING IN, ENSURING THE DEVELOPER GETS REIMBURSED AT A HIGHER PACE THAN UNDER A 380, BECAUSE THE THREE 80 WOULD ONLY BE GUARANTEED WITH THE PROPERTY TAXES THAT THEY PAY OR SALES TAX, DEPENDING ON HOW WE SET IT UP.

BUT IT WILL BE ONLY FROM THE PROPERTY THAT IS CAPTURED IN THREE 80 AGREEMENT.

SO THAT'S THE DIFFERENCE.

THEY, THE TERSE BOUNDARY MAY BE LARGER THAN THEIR DEVELOPMENT, SO THEY MAY GET REIMBURSED FASTER.

THAT'S WHAT SO, BUT WHAT ARE WE GOING TO DO ON THE SOUTH RETAIL SIDE? WHEN, WHEN THE DEVELOPER OR THE BUILDER WHO COMES IN AND WANTS TO BUILD A NICE BIG PROJECT THAT WILL ALSO BE INCENTIVIZED.

UH, YOU KNOW, IF THE TERS IS ALREADY ESTABLISHED, FUNDED USING THE RETAIL SIDE, AS WELL AS THE INDUSTRIAL SIDE TO PAY FOR THESE IMPROVEMENTS, THEN WHEN THE RETAIL COMPONENT IS READY TO COME FORWARD FOR A PROJECT AND THEY'RE BIG ASK, YOU KNOW, ARE WE GOING TO NOT BE ABLE TO PROVIDE THEM AS MUCH BECAUSE WE'VE ALREADY ESTABLISHED THE INCENTIVE FOR THE INDUSTRIAL DEVELOPMENT TO OCCUR THAT WOULD HAVE TO BE SET FORTH UPFRONT

[03:15:01]

IN THE DEVELOPMENT AGREEMENT WITH THE DEVELOPER, THEY WOULD HAVE TO AGREE THAT IF THERE WAS A FUTURE DEVELOPER THAT WOULD SHARE INTO THE SAME TERS TAX INCREMENT, THAT IT WOULD HAVE TO BE ALLOCATED BASED ON THE PROPORTIONATE SHARE OF THEIR INVESTMENT, IT WOULD THAT IT WOULD BE UNFAIR AND YOU HAVE A VERY GOOD POINT.

IT WOULD BE UNFAIR THAT THEY CAME IN FIRST AND THEY GOT THE DIPS ON ALL OF THE TERS REVENUE.

AND THE SECOND DEVELOPER IS LEFT HOLDING THE BACK.

SO IT WOULD HAVE TO BE SET UP UPFRONT THAT YOUR MANNER THAT ANY FUTURE DEVELOPER WITHIN THE TERSE BOUNDARY WOULD HAVE TO SHARE IN BASED ON THEIR ALLOCATED SHARE OF INVESTMENT IN THE PUBLIC INFRASTRUCTURE.

I THINK THEY'RE TRYING TO PLAN FOR THAT, WHICH IS WHY IT'S ONLY 11 CENTERS.

SO WELL, I THINK THAT THERESE POLICY SOUNDS GREAT.

I DON'T, THERE'S STILL QUESTIONS AND SOMEONE'S GOING TO HAVE TO ANSWER THEM IN THAT POLICY.

AND IF YOU WANT TO TRY TO CREATE SOME KIND OF RULE ON THIS TO TELL THE COUNCIL, WHICH PATH THAT WE SHOULD CHOOSE, I DON'T KNOW HOW YOU'RE GOING TO COME UP WITH THAT METRIC.

I REALLY DON'T BECAUSE WE'VE BEEN SITTING AROUND THESE EXACT SAME QUESTIONS TERS VERSUS THREE 80.

THIS IS ABOUT THE FIFTH TIME YOU AND I HAVE HAD THE DISCUSSION OF WHICH IS BETTER, WHICH IS WHY I THOUGHT, YOU KNOW, YOUR COMMENTS AREN'T LOST ON ME.

I JUST, I DON'T KNOW WHAT'S APPROPRIATE, BUT WHAT I'M NERVOUS ABOUT IS, UH, DOING SOMETHING FOR, TO INCENTIVIZE, UH, EVEN MORE SPEC INDUSTRIAL IN SUCH A WAY THAT THE RETAIL COMPONENT, UH, TO THE SOUTH OR OTHER PROJECTS GET SORT OF, CAUSE THAT'S WHAT HAPPENED TO, YOU KNOW, WITH HBI MULTIPLE TIMES, THERE WERE DEALS THAT WE WANTED TO PUT INTO PLACE, BUT WE'D ALREADY GIVEN THE INDUSTRIAL, UH, DEVELOPER ALL OF THE PROCEEDS THAT WE WOULD OTHERWISE COLLECT.

AND IN THIS CASE, I WOULD MUCH RATHER FOCUS THE, I UNDERSTAND THE PROCEEDS GOING TOWARDS THE ROAD IMPROVEMENTS, BUT I WOULD WANT TO HOLD BACK AS MUCH AS WE COULD ON THE LARGER RETAIL PIECE TO MAKE SURE THAT WE CAN LAY IN THAT BECAUSE THEY'RE ASKED ALMOST CERTAINLY WILL BE BIGGER.

UH, IT WOULD BE MORE TO INCENTIVIZE THEM AS A DIRECT USER.

WHEREAS IN THE CASE OF SPEC INDUSTRIAL, THAT LIKELY IS IF, IF THE IDEA IS YOU'RE NOT GOING TO BE COMING FOR INCENTIVES, THAT MEANS THE JOBS ARE GOING TO BE SORT OF W W YOU KNOW, NOT NECESSARILY THE HIGH END IT'S, IT'S INDUSTRIAL, IT'S BIG TILT WALL CONSTRUCTION, AND WE ALREADY HAVE A LOT OF IT IN THE AREA.

SO I'M JUST, BUT THOSE ARE, THOSE ARE, THOSE ARE MY COMMENTS.

I WANT TO SEE THE PROJECT COME FORWARD, BUT, YOU KNOW, AND THE ROADS BUILT, BUT IT SEEMS LIKE A THREE 80 WOULD BE A MORE STRAIGHTFORWARD WAY TO ACCOMPLISH THAT.

AND THEN WE WOULD KNOW THAT WHATEVER WE ARE GOING TO DO ON THE RETAIL SIDE, WE WOULD BE ABLE TO ACCOMPLISH THAT AS WELL WITHOUT HAVING THE INDUSTRIAL SIPHON OFF ANY OF OUR INCENTIVIZING ABILITY.

UH, THERE'S A MOTION A SECOND.

IS THERE ANY FURTHER DISCUSSION? NO.

UM, BUT THE COUNCIL FEEL ANY WAY COMPELLED TO WAIT UNTIL POST TABLE BESIDE HIM UNTIL APRIL 5TH.

I THINK THEY WANT TO VOTE.

THERE'S A MOTION ON THE, ALL RIGHT.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES FIVE TO TWO.

[36. Consider and possible action to approve 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]

[37. Consider and possible action to approve 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]

ALL RIGHT.

NEXT UP.

UH, I GUESS WE'LL BRING UP AGENDA ITEMS, 36 AND 37 TOGETHER.

IF THERE ARE NO OBJECTIONS, UH, 36 CONSIDERED A POSSIBLE ACTION TO APPROVE A FOR THE CITY OF KYLE ACCEPTING THE, DID I SAY IT WRONG? NO, IT'S 36 AND 37, A PETITION FOR ANNEXATION OF 176.02, THREE ACRES OF LAND, UH, FOR PROPERTY LOCATED AT 52 60 HILLSIDE TERRACE, UH, SETTING THE ANNEXATION SCHEDULE, AND THEN ALSO APPROVING A RESOLUTION, ACCEPTING THE PETITION FOR ANNEXATION OF 82.9 500 ACRES OF LAND, UH, ON FM 2001, APPROXIMATELY 500 FEET NORTH OF WINDY HILL ROAD.

UH, THESE ARE BOTH RELATED TO HILLSIDE TERRORISTS.

UM, MR. ATKINSON, THANK YOU.

WILL I, FOR THE RECORD SENIOR PLANNER, UH, BOTH ITEMS, UM, THAT'S EXACTLY WHAT THEY ARE THEIR PETITIONS TO BE ANNEXED FOR THE PROJECT UP AT HILLSIDE TERRACE.

UM, UH, I KNOW IF YOU, IF YOU DON'T MIND, UM, WHEN APPROVING THE RESOLUTION, IF YOU COULD, UM, SPECIFICALLY SAY, UH, FOR APRIL 19TH FOR THE PUBLIC HEARING, UM, WE DID, UH, THERE'S A TYPO ON THE DATE ON THE RESOLUTION ITSELF, AND IT SAYS FEBRUARY 15TH, AT ONE POINT, THE DEVELOPER HAD BACKED OFF THE ANNEXATION AND THEY HAD TO REAPPLY AND WE FAILED TO ACCOUNT FOR THAT.

YOU SAID APRIL 19TH, APRIL 19TH IS THE ACTUAL ONE.

SO WHAT ABOUT THE DEVELOPMENT AGREEMENT AND ZONING AND ALL OF THAT?

[03:20:01]

AND IT WOULD BE COMING DOWN THE PIPELINE ASSOCIATED WITH IT.

AND, UM, THE DEVELOPMENT AGREEMENT, THE ZONING SPECIFICALLY THE ZONING IS GOING TO BE, UH, IN THE MID MAY TIMEFRAME, UM, WITH THE DEVELOPMENT AGREEMENT, UM, IN BETWEEN APRIL 19TH AND THE MAY 17TH TIMEFRAME AS WELL.

SO ALL THAT STUFF'S GOING TO BE WRAPPED UP BEFORE THE END VOTE FOR ANNEXATION, CORRECT.

OKAY.

UH, AND THIS IS, UH, THE RESOLUTION.

THIS IS NOT ACTUALLY ANNEXING.

THIS IS JUST STARTING THE PROCESS, CORRECT.

IT'S JUST PETITIONS TO ACCEPT IT.

DOES ANYBODY HAVE ANY QUESTIONS FOR MR. ATKINSON CUSTOMER FLOORS SCALE? YEAH.

HOW IS IT POSSIBLE THAT WE CAN ZONE AND NOT ANNEX YOU CAN'T, YOU CAN'T SO YOU, BUT YOU SAID IT'S THE RE THE ZONING IS GOING TO BE READY BY THE TIME IT'S ANNEXED RIGHT THERE.

THE IT'S ALL GOING TO COALESCE ON THE SAME DATE AT THE VERY END.

SO THERE'S MULTIPLE AGENDA ITEMS IN A APPROPRIATE, UM, INAPPROPRIATE ORDER ON THE SAME DATE.

SO WHEN DOES THE ZONING GO TO PLANNING AND ZONING FOR A VOTE? IT WILL BE IN, IN THE BEGINNING OF MAY TO ACCOUNT FOR THAT.

SO THEY, SO WE DON'T KNOW WHAT PENDING IS ONLY THINKS ABOUT THIS, BUT WE'RE GOING TO GET STARTED ON IT.

THEY WERE REQUESTING A PETITION TO ACCEPT THE ANNEXATION PROCESS.

AND THEN AS IT COMES FORWARD, THERE'S GOING TO BE A DEVELOPMENT AGREEMENT ASSOCIATED WITH THIS PROJECT TO ACCOUNT FOR, UM, SUBDIVISION STANDARDS RELATED TO THE VIVE TRAIL SYSTEM.

UM, A BETTER SUBDIVISION GENERALLY IN DESIGN.

SO, UM, IN THE END, IT'S GOING TO BE A SINGLE FAMILY SUBDIVISION.

IT'S JUST GOING TO MEET OUR STANDARDS AND ACTUALLY EXCEED THEM.

DOES THAT ANSWER YOUR QUESTION? YEAH, NO, NOT REALLY.

CAUSE, UM, DO WE HAVE TO, WHEN DO WE VOTE FOR THE SINGLE FAMILY ZONING? WHAT'S IT CURRENTLY ZONED TO? IS IT AG? NO, IT'S NOT INSIDE THE CITY YET.

OKAY.

SO HOW DO WE AUTOMATICALLY KNOW THAT IT'S GOING TO BE SINGLE FAMILY ZONING, BUT WE HAVEN'T VOTED ON IT.

HASN'T GONE TO PLANNING AND ZONING.

THIS HASN'T BEEN DISCUSSED.

THE FACT THAT IT'S GOING TO BE IN A DA DOES NOT MEAN IT SERVES THE PROCESS.

I FEEL LIKE IT NEEDS TO GO TO PLANNING AND ZONING AND IT NEEDS TO COME TO, TO, TO COUNCIL.

AND THEN, AND THEN WE VOTE ON WHAT WE WANT THAT ZONING TO BE.

ANNEXATION SHOULD JUST BE ONE OF THE PROCESS AND I GET THAT.

IT IS, BUT THEN AT THE VERY END, IT SHOULDN'T BE, OH, AND NOW IT'S ALL BUNDLED AS ONE.

I WOULD LIKE TO SEE THE PROCESS, GO TO PLANNING AND ZONING AND THEN COME TO US.

SO I HEAR YOU, UM, AS PART OF THE FLEXIBILITY, WHENEVER THERE'S A PROJECT COMING IN THIS, IN THE, IN THE ETJ, UM, ONE OF THE INCENTIVES THAT WE PUT TOGETHER, UM, ONE OF THE FLEXIBILITIES THAT WE HAVE FROM A DESIGN STANDPOINT IS THAT WE'RE ABLE TO NEGOTIATE WITH THEM, UM, TO HAVE A BETTER PROJECT.

SO THAT DEVELOPMENT AGREEMENT IS MOSTLY RELATED TO, UM, INFRASTRUCTURE AND WHAT HAVE YOU, BUT IT ALSO CONTEMPLATES TALKING ABOUT THE KIND OF DEVELOPMENT WE WANT TO SEE AS WELL.

AND THAT'S SOMETHING THAT THE CITY COUNCIL SPECIFICALLY SEES.

THAT'S, THAT'S Y'ALL'S PREROGATIVE FROM ENTERING INTO THE AGREEMENT NOW.

AND FOLLOWING THAT, UM, AS PART OF THAT, THE, FROM THE ZONING SIDE OF THINGS, THE PLANNING ZONING COMMISSION IS GOING TO SEE IT FROM A BASE ZONING DISTRICT THAT COMES THROUGH.

AND SO MO MOST OF THE FOCUS ON THE DEVELOPMENT AGREEMENTS CAN BE BASED ON INFRASTRUCTURE RELATED ITEMS. BUT WE'LL JUST TO ASK THE QUESTION, ARE THEY, ARE THEY, ARE YOU GOING TO RUN A ZONING PROCESS AT THE SAME TIME AS THE DEVELOPMENT IS, AS THE ANNEXATION PROCESS GOES? SO THAT THERE'LL BE ZONED IN THE SAME NIGHT THAT IT'S ANNEXED IS THAT THAT'S THE INTENT.

SO, SO WHAT WILL HAPPEN IS THE PROPOSED RESOLUTION.

IF YOU APPROVE, IT STARTS THE ANNEXATION PROCESS, BUT THEN THE DEVELOPER'S GOING TO APPLY FOR ZONING.

AND THAT WILL GO THROUGH THE PROCESS.

IT'LL GO TO PNC AND COME TO COUNCIL FOR, UM, CONSIDERATION AFTER P AND Z MAKES A RECOMMENDATION.

AND TYPICALLY WHAT YOU TRY TO DO IS YOU CAN TIME THE ANNEXATION TO THE ANNEXATION IS APPROVED, AND THEN THE ZONING IS APPROVED AFTER THAT.

BUT THE ZONING PROCESS STARTS PRIOR TO IT COMING INTO THE CITY LIMITS, BUT IT STILL GOES TO P AND Z.

IF THAT, IF THAT'S, IF THAT'S THE QUESTION THAT YOU'RE ASKING IT, IT WILL STILL GO THROUGH THAT PROCESS AND GO, OKAY, WHAT HAPPENS IF WE DON'T GIVE THEM THE ZONING THAT THEY WANT? AND THEY'RE ALREADY, ANNEXIN, THAT'S GOING TO BE PROBABLY PART OF WHAT GETS NEGOTIATED WITH THE DEVELOPMENT AGREEMENT, HOW THOSE PROCESSES WORK, BECAUSE THE DEVELOPER TYPICALLY DOES NOT WANT TO BE ANNEXED WITHOUT KNOWING WHAT THE ZONING IS GOING TO BE.

THAT'LL BE PART OF THE DISCUSSIONS, UH, RELATED TO THE DEVELOPMENT AGREEMENT, THE DEVELOPMENT AGREEMENT, YOU CAN EXPECT, WE'LL ADDRESS THE TIMING OF EVENTS.

UM, SO LET ME ASK YOU THIS IN THE EVENT, WE SAY, YES, WE'LL GLADLY ANNEX YOU IN.

AND THEN WE SAY, BUT WE DON'T AGREE WITH THAT ZONING.

[03:25:01]

WHAT DOES THAT LOOK LIKE? YEAH.

WHAT HAPPENS? NO, NO, THAT WON'T HAPPEN BECAUSE ANNEXATION IS VOLUNTARY.

THE STATE LAW HAS CHANGED.

IT'S LIKE LITERALLY THE BLANCO RIVER RANCH THAT WE JUST WENT THROUGH, FOLLOW THE PROCESS.

OUR ONE-ON-ONE ZONING WENT TO PLANNING AND ZONING WAS APPROVED AS BROUGHT FORWARD HERE, ANNEXATION CREATION, IT'S ALL GETTING SET UP BECAUSE THE DEVELOPER DOES NOT HAVE TO BE ANNEXED AND RECEIVE ZONING.

THEY HAVE ENTITLEMENTS BY RIGHT, BECAUSE OF THE STATE LAW PASSED THREE OR FOUR YEARS AGO.

SO THEY DON'T HAVE TO, THAT'S WHAT THEY OFFER US AND WHAT WE'RE OFFERING THEM IS ZONING AND, UH, OTHER FORMS OF SPECIAL DISTRICTS TO PUT IT ALL TOGETHER TO MAKE IT WORK.

SO WE STARTING THE ANNEXATION PROCESS.

WE START THE ZONING PROCESS AND WE'RE NEGOTIATING THE DEVELOPER AGREEMENT ALL ALONG THE WAY.

AND IF AT ANY POINT WE DON'T VOTE FOR ANY OF THOSE THINGS, THE DEAL IS DEAD.

UM, SO IT'S JUST, IT'S THAT SIMPLE WE'LL LOSE.

WE WON'T HAVE ANNEXATION, BUT WE, THERE ALSO WON'T BE ANY ZONING APPLIED BECAUSE THERE'S NO ANNEXATION.

SO IT'S, THERE'S JUST TWO DIFFERENT PATHS.

IF YOU'RE SAYING THAT YOU WANT THEM TO DO STRAIGHT ZONING, THEN WHAT YOU'RE TELLING THEM IS THAT THEY HAVE TO BE ANNEXED IN BEFORE THERE IS ZONING.

UH, AND THEY HAVE TO DO THAT VOLUNTARILY AND THEY NEVER WOULD DO THAT BECAUSE THEY GIVE UP ALL OF THEIR LEVERAGE.

SO THE ANNEX, I MEAN, IT'S ACROSS THE BOARD, OUTSIDE IN THE ETJ, THE DEVELOPERS HAVE POWER OVER THE CITY THROUGH BECAUSE OF ANNEXATION.

SO WE BARGAIN FOR AN EXCRETION AND PUT THESE PROCESSES IN PLACE TO TRY TO GET EVERYBODY ON THE SAME PAGE ABOUT WHAT WE'RE TRYING TO PRODUCE.

AND, YOU KNOW, THE PLANNING AND ZONING COMMISSION COULD VOTE IT UP OR DOWN.

WON'T REALLY MATTER.

IT'S A RECOMMENDATION IT'S WHETHER OR NOT WE APPROVE THE ZONING.

SO IF THIS BODY SAYS WE DON'T APPROVE THIS OF THIS PARTICULAR ZONING, WE SHOULD NOT BE SENDING THEM DOWN THIS PATH, BUT THERE'S NO WAY FOR THEM TO GET THAT ANSWER WITHOUT GOING DOWN THAT PATH OR HAVING DISCUSSIONS IN EXEC.

THAT'S THE RISK THAT THEY TAKE.

AND THE RISK WE TAKE IS WE'RE WASTING STAFF TIME AND OUR OWN TIME WORKING ON THESE DEALS.

AND THEN WE JUST DON'T APPROVE THEM IN THE, IN THE END.

SO, AND COUNCIL MEMBER, THEIRS, THERE ARE TWO READINGS REQUIRED FOR ANNEXATION AND ZONING ORDINANCES.

AND SO YOU'LL HAVE FIRST READING OF THE ZONING ORDINANCE AND FIRST READING OF AN ANNEXATION ORDINANCE AND THE DEVELOPER WILL KNOW THEN WHETHER YOU INTEND TO APPROVE THE ZONING, SINCE YOU TYPICALLY APPROVE, IF YOU APPROVE ZONING ON FIRST READING, IT, IT'S FAIRLY SAFE TO, TO SAY THAT IT WOULD BE APPROVED ON SECOND READING.

THERE'S NO GUARANTEES, BUT IT GIVES SOME ASSURANCE THERE.

I MEAN, I GUESS I'M JUST UNCOMFORTABLE MAKING A VOTE ON SOMETHING THAT I HAVE NO IDEA WHAT IT'S GONNA LOOK LIKE OR WHAT IT'S GOING TO BE.

IT'S NOT AN EXTENT.

AND I KNOW A LOT OF PEOPLE THINK, OR A LOT OF STAFF AND SOME COUNCIL THINK THAT ANNEXATION IS GREAT, BUT FOR ME, I'M LIKE, THAT'S MORE RESPONSIBILITY ON THE CITY, SO I'M OKAY IF IT DOESN'T GET TO AN EXTENT.

SO I GUESS I'M JUST CONFUSED BY THE PROCESS BECAUSE I JUST WANT TO MAKE SURE WE DON'T GET TO A POINT WHERE WE'RE LIKE, YEAH, WE'RE GOING TO, YOU KNOW, WILLIE ANNEX, AMANDA, AND THEN THEY'RE ALL GOING TO BE ZONED AND THEN THEY'RE GOING TO GET IT.

AND I'LL BE LIKE, THIS IS NOT WHAT I THOUGHT IT WAS.

I WOULD NEVER APPROVE ALL THIS APARTMENTS OR WHATEVER IT IS THAT IT'S GOING TO BE.

AND SO FOR ME TO HAVE TO VOTE ON MOVING FORWARD WITHOUT ANY INFORMATION IS REALLY TOUGH FOR ME, ESPECIALLY TWO PLOTS LAND.

ONE IS 89, RIGHT? 89 ACRES.

AND IS THE OTHER 1, 1 20? THAT'S A LOT.

THAT'S A LOT OF RESPONSIBILITY FOR THE CITY TO ASSUME WHEN WE CAN'T EVEN TAKE RISKS, LIKE WE'RE STRUGGLING TO KEEP UP WITH THE INFRA INFRASTRUCTURE WE CURRENTLY HAVE.

THE ALTERNATIVE IS WHAT YOU'RE NOT CONSIDERING.

THE ALTERNATIVE IS THEY STAY OUTSIDE OF THE CITY BY RIDE AND DEVELOP BY RIGHT, WITHOUT US HAVING ANY CONTROL.

SO YOU'RE TALKING ABOUT RESPONSIBILITY.

WE HAVE NO CONTROL OVER WHAT THEY DO.

THIS IS THE PROCESS WE GO THROUGH IN ORDER TO GAIN CONTROL, INCREASED DEVELOPMENT AND GENERATE REVENUE FOR THE CITY TO PAY FOR INFRASTRUCTURE.

THIS IS THE PROCESS THAT WE GO THROUGH.

IF YOU DON'T WANT TO GO THROUGH THIS PROCESS, WE HAVE NO CONTROL.

WE'LL GET NO MONEY.

WE'LL NO TAX REVENUE AND THEY WILL DEVELOP ANYWAY.

SO THEN WHO'S GOING TO, IF THEY DEVELOP IN THE COUNTY, WHO'S THEN RESPONSIBLE FOR THE WATER AND THEN THE FIRE DEPARTMENT.

AND WHEN THAT FIRE DEPARTMENT, THE HILLSIDE TERRACE IS GOING TO BE ABLE TO ACHIEVE WATER AND WASTEWATER WITHOUT THE CITY OF KYLE'S INVOLVEMENT.

THIS IS THE SAME AS THE DEAL FROM ACROSS THE STREET.

THAT'S $3 MILLION, THE RESPONSIBILITY TYPE, LIKE, OKAY, WHO'S GOING TO DEVELOP THE ROADS THEN, AND WHO'S GOING TO MAINTAIN THOSE ROADS.

AND THEN WHO'S GOING TO SERVICE THOSE AREAS.

SO THAT'S WHY FOR ME, IF WE DON'T DO IT, IF WE DON'T DO IT, THEN ALL THAT EXTRA TRAFFIC, ALL THAT EXTRA CONGESTION THAT COMES INTO THE CITY OF KYLE DOWN WINDY HILL ROAD, THERE'S NO MONEY THAT THOSE FOLKS ARE GENERATING TO PAY FOR CITY INFRASTRUCTURE PROJECTS.

WE LITERALLY JUST HAD A CONVERSATION ABOUT, I'M TRYING TO EXPLAIN.

WE LITERALLY JUST HAD A CONVERSATION ABOUT A $3 MILLION INFRASTRUCTURE INVESTMENT THAT THE CITY IS GOING TO BE ABLE TO MAKE, TO IMPROVE ROADS ON THE EAST SIDE, ON THE BACKS OF AN OUTER CITY DEVELOPMENT THAT COULD HAVE DEVELOPED OUT OF THE CITY.

BUT INSTEAD WE WERE ABLE TO ACHIEVE A RETURN

[03:30:01]

ON THE PROJECT, EVEN THOUGH I GUESS WE WEREN'T ABLE TO ACHIEVE FULL ANNEXATION BECAUSE OF HOW FAR OUT IT WAS.

WELL, WE STILL RECEIVED THAT MONEY IN ORDER TO GO.

SO THAT'S THE CYCLE.

YOU'RE EITHER ENGAGED IN IT AND TRYING TO GENERATE THOSE REVENUES AND SOLVE THE PROBLEMS. OR YOU'VE GOT YOUR HEAD IN THE SAND AND YOU'RE GOING TO ALLOW FOR THEM TO GO AND NOT HAVE TO CONSIDER WHAT YOU HAVE TO SAY IN THAT PROCESS.

THOSE ARE THE PATHS I'M ALWAYS GOING TO BE ON THE PATH OF TRYING TO NEGOTIATE THE BEST DEAL FOR THE CITY.

AND THAT'S WHAT THIS PROCESS IS.

IF YOU TELL THEM IF YOU VOTE, NO, AND WON'T EVEN ALLOW FOR THEM TO VOLUNTARILY ANNEX, YOU'RE SENDING A VERY CLEAR MESSAGE TO THE DEVELOPMENT COMMUNITY TO GO AROUND YOU.

THAT IS, THAT IS THE ABSOLUTE BOTTOM LINE OF THAT MESSAGE IS WELL, IN ALL HONESTY, IF YOU DEVELOP OUTSIDE OF THE CITY, THE, THE REQUIREMENTS ARE A LITTLE BIT STRICTER AND YOU CAN'T HAVE TWENTY-FIVE HOMES ON ONE ACRE.

SO THERE WOULD BE LESS HOMES TECHNICALLY.

AND, AND I'M NOT TRYING TO FIGHT AGAINST THAT.

WHAT I'M SAYING IS, IS IT WORTH TO, IS IT WORTH IT TO INCLUDE ALL THIS ANNEXATION WHEN WE CAN'T KEEP UP WITH OUR CURRENT INFRASTRUCTURE? LIKE, WHAT IS THE RUSH? WHY CAN'T, I GUESS THAT'S MY ONLY QUESTION.

JUST MAKING SURE OF THAT AND MAKING SURE I'M REALLY UNCOMFORTABLE WITH THE FACT THAT WE'RE GOING TO ESSENTIALLY RIGHT NOW, WE'RE GOING TO VOTE ON ZONING AND ANNEXATION AND THEN HAVE IT, YOU KNOW, A DA, OTHERWISE WE ALL WOULDN'T BE SITTING HERE.

I KNOW IT DOESN'T FEEL LIKE WE'RE NOT, WE DON'T HAVE A DA IN FRONT OF US TO READ, BUT IF WE SAY YES TO THIS, THAT IS ESSENTIALLY WHAT WE'RE SAYING YES.

TO IS A DA IS ANNEXATION IS ZONING.

WHAT WE'RE SAYING IS THAT WE'RE GOING TO MOVE THE PROCESS ALONG SO THAT WE CAN TAKE THE ENTIRE PROJECT INTO CONSIDERATION.

AT ONCE.

THIS PROJECT HAS SOMETHING LIKE OVER $4 MILLION OF, OF A CITY TRIBUTE, THAT'S BEING PROPOSED.

THAT'S $4 MILLION TOWARDS WENDY HILL UPGRADES THAT YOU WON'T GET WITHOUT IT.

SO THIS PROCESS DOES NOT APPROVE THEM, ALLOWING FOR THEM TO START.

THE ANNEXATION PROCESS IS WHAT ALLOWS FOR US TO ENGAGE THE AGREEMENTS WITH THE IN AGREEMENTS WITH THEM TO BRING BACK FOR US TO CONSIDER IF WE DON'T DO THIS, WE CAN'T EVEN LOOK AT THE AGREEMENTS BECAUSE WE'RE TELLING THEM THAT WE'RE NOT INTERESTED IN EVEN HAVING A CONVERSATION ABOUT IT.

SO, UM, IT'S ITEMS 36 AND 37.

I'D LIKE TO MAKE A MOTION TO APPROVE THE SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER BRADSHAW.

IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY, AYE.

OH, SORRY.

COUNCILOR.

ALISON.

I JUST WANTED TO MAKE A QUICK COMMENT.

UH, I APPRECIATE THE DISCUSSION AND THE DIALOGUE ON THIS.

I WILL SAY IT BECAUSE WE HEAR THIS ALL THE TIME.

WHAT IS THE RUSH? WHY, WHY APPROVE THESE THINGS? THIS, THIS CITY IS NOT INITIATED THIS PROCESS.

THIS IS A LAND DEVELOPER AND LAND OWNER COMING TO THE CITY TO REQUEST BEING ANNEXED IN.

UH, SO THIS IS ON, THIS HAS BEEN A PROCESS THAT CAME TO US.

THIS IS NOT THE CITY GOING OUT AND SAYING, WE WANT TO BRING THESE THINGS IN.

SO I JUST WANT TO PUSH BACK A LITTLE BIT ON THAT RUSH THING.

AND I WILL SAY, YOU KNOW, IT IS, IT IS DIFFICULT BECAUSE, UH, YOU, WE CERTAINLY DO HAVE A ROAD INFRASTRUCTURE IN, IN, AND OTHER ISSUES TO ADDRESS, BUT I WILL AGREE WITH THE MAYOR 100% CORRECT.

WE DON'T DO THIS.

THEY DEVELOP REGARDLESS.

THEY DEVELOP IT, WHATEVER THEIR STANDARD IS.

I WILL SAY THAT I DON'T THINK THAT THE COUNTY STANDARD IS STRICTER THAN THE CITY STANDARD AND, AND WE'LL GET WHATEVER THEY DEVELOP.

AND THOSE PEOPLE WILL STILL USE OUR ROADS.

DON'T STILL STRESS OUR NETWORKS AND WHAT WE'LL BE GETTING, NOTHING FROM THAT.

AND THAT ALL THOSE THINGS THAT WE'LL STILL SEE FROM THE STREET LEVEL ARE STILL GOING TO HAPPEN.

AND THE CHALLENGES THAT PEOPLE WERE FRUSTRATED ABOUT ARE STILL GOING TO HAPPEN.

AND THE HOUSES THAT ARE GOING TO BE BUILT THERE AND PEOPLE WILL GRIPE ABOUT IS STILL GOING TO HAPPEN.

SO, UM, IT IS, I UNDERSTAND IS, IS, CAN BE A FRUSTRATING PROCESS.

I HAVE, UH, LIFTED, UH, UH, THESE PLANS.

THERE ARE NO APARTMENTS, UH, GOING IN ON, ON THOSE, UH, THAT I'M AWARE OF.

AND CERTAINLY I CAN BE CORRECTED IF I'M WRONG, BUT, UH, I JUST WANTED TO KIND OF HIGHLIGHT THOSE POINTS.

THANK YOU.

MA'AM ANY OTHER DISCUSSION? IT'S JUST ONE MORE QUESTION.

SO WHEN ANNEX, SIN, WHAT IS THEIR ZONING GOING TO BE? IS IT MIXED OR IS IT TIM? IF IT FOLLOWS THE PROCESS THAT WE'RE GOING FOR, THEY'RE ALL GONNA BE ON THE SAME AGENDA.

SO IT'S GONNA BE ONE ITEM AFTER THE OTHER.

SO IT WILL TEMPORARILY BE ZONED AG UNTIL THE NEXT ITEM COMES UP WHERE THE, UM, ZONING THAT WE'RE CONTEMPLATING, UH, MISSES SINGLE FAMILY.

RESIDENTIAL IS A NEW DISTRICT.

I DON'T REMEMBER WHAT IT IS OFF HAND, WE'RE WORKING THROUGH IT.

I DO KNOW WE HAVE IT IN THE AGREEMENT, UM, THAT WE'RE GOING WITH IT, THAT WE'RE WORKING THROUGH A DRAFT ON.

SO I DON'T REMEMBER EXACTLY THE, THE ZONING DISTRICT, BUT IT IS SINGLE FAMILY RESIDENTIAL.

OKAY.

ANY OTHER DISCUSSION? OKAY.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

AYE.

ALL

[03:35:01]

OPPOSED.

MOTION CARRIES SIX TO ONE.

NEXT UP AGENDA ITEM NUMBER 38 CONSIDERING POSSIBLE ACTION TO APPROVE A RESOLUTION.

CITY OF CONTEXT IS ACCEPTING THE PETITION FOR ANNEXATION OF 119.703 ACRES LAND.

MORE OR LESS LOCATED AT 11, 11 AND 1113 ROLAND LANE AND HAYES COUNTY DISTRICTS.

NOPE.

I NEED TO FIX 36 AND 37 AGAIN.

I'M WENT TOO FAST.

OH YES.

SO, UM, IF THERE ARE NO OBJECTIONS, I'D LIKE TO RECONSIDER AGENDA ITEMS, NUMBER 36 AND 37.

UM, DO I NEED TO VOTE TO RECONSIDER TO MAKE SURE WE GET THIS CORRECT? CAUSE OF THE PETITION I'D LIKE TO MAKE A MOTION TO RECONSIDER AGENDA ITEMS, 36 AND 37 MOTION BY THE MAYOR.

SECOND ABOUT COUNSELOR FLOOR SCALES OR DISCUSSION ON THE VOTE OR ON THE MOTION.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEMS, NUMBER 36 AND 37 AND CHANGE THE RESOLUTION, THE DATE AND THE RESOLUTION TO BE THE FOUR 19 COUNCIL MEETING.

YES.

IT'S MOTION BY THE MAYOR.

SECONDED BY COUNCIL MEMBER PARSLEY.

IS THERE DISCUSSION ON THAT MOTION? ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED YOU WANNA VOTE AGAINST IT? NO MATTER HOW MUCH YOU CARE, SEVEN ZERO.

THE DATE THAT WAS IT.

HUH? ALL RIGHT.

NEXT STEP AGENDA

[38. Consider and possible action to approve a Resolution of the City of Kyle, Texas accepting the petition for annexation of 119.703 acres of land, more or less, located at 1111 and 1113 Roland Lane, in Hays County, Texas; setting annexation schedule; providing for open meetings and other related matters. (Edward Bullock - ANNX-22-0017) ~ Will Atkinson, Senior Planner]

ITEM NUMBER 38 CONSIDERING POSSIBLE ACTION TO APPROVE A RESOLUTION OF CITY OF CALTECH SIX.

UH, I ALREADY READ IT, UH, 11, 11, 11, 13 ROLAND LANE, MR. ATKINSON.

ALRIGHT.

UH, THIS IS A SEPARATE, UH, ANNEXATION REQUEST BY THE LANDOWNER.

UH, THE BULLET FAMILY.

UM, THEY ARE GOING TO BE PURSUING A MIX OF ZONING, UM, AROUND THE SAME TIMEFRAME.

AND THIS IS GOING TO COME FORWARD ON THE APRIL 19TH FOR THE PUBLIC HEARING.

AND IT'S GOING TO ACTUALLY BE ON THE MAY 3RD MEETING FOR, UM, FOR A SECOND READ FOR ANNEXATION.

SAME, SAME DEAL.

THIS IS NOT GOING TO BE AN INCENTIVIZED PROJECT JUST AS STRAIGHT ZONING.

CORRECT.

THERE'S BEEN NO CONVERSATIONS RELATED TO INCENTIVIZATIONS RIGHT.

SO, UM, ANY QUESTIONS FOR MR. ATKINSON MOTIONS? AND I'D LIKE TO MAKE A MOTION TO APPROVE THE JULY ON 38.

ALL RIGHT.

MOTION BY MAYOR PRO TEM RIZZO, SECONDED BY COUNSELOR ELLISON.

THE WE APPROVE AGENDA ITEM 38.

IS THERE DISCUSSION ON THAT MOTION? ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

WAS THE DATE RIGHT ON THAT RESOLUTION? YEAH, THAT ONE'S CORRECT.

ALL RIGHT, SO THANKS.

ALL RIGHT.

NOW WE'RE GETTING TRACTION.

HERE WE GO.

AGENDA

[39. Consider and possible action to select a professional firm for the purposes of developing the City's Comprehensive Plan and to authorize the City Manager to negotiate and execute a contract for services. ~ Amber Lewis, Assistant City Manager]

ITEM 39, CONSIDERED A POSSIBLE ACTION TO DEVELOP A PROFESSIONAL FIRM, UH, FOR THE PURPOSES OF DEVELOPING THE CITY'S COMPREHENSIVE PLAN AND TO AUTHORIZE THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE CONTRACT FOR SERVICES.

GOOD EVENING, MAYOR AND COUNCIL, AMBER LEWIS, ASSISTANT CITY MANAGER FOR THE RECORD.

UM, WE, UH, RECEIVED TWO RESPONSES FOR THE COMPREHENSIVE PLAN, UH, IMPRESSED BY BOTH RESPONSES WE RECEIVED, BUT, UH, WE'RE REALLY IMPRESSED WITH, FOR DUTY.

UM, KEVIN SHEPHERD HE'S THE PRINCIPAL PROJECT MANAGER IS ON THE PHONE TONIGHT.

HE CAN ANSWER ANY QUESTIONS YOU ALL MIGHT HAVE, BUT WHAT STRUCK OUT MOST FOR US ABOUT THEIR PROPOSAL WAS THEY DO A LAND USE FISCAL ANALYSIS AND, UM, THEY BASE, THEY, THEY TAKE THAT ASSESSMENT AND THEN THEY, UM, THEY LOOK AT OUR CODES AND THEY TELL US WHETHER, YOU KNOW, WE'RE RIGHT.

KIND OF TO YOUR POINT EARLIER.

SO, UM, SO THAT WAY, YOU KNOW, YOU'RE MAKING GOOD DECISIONS ABOUT INFRASTRUCTURE AND CODES AND ZONING, UM, IN THE CITY.

AND THEN THE OTHER THING WAS WE FELT LIKE THEY HAD A BETTER, UM, MORE COMPREHENSIVE, UM, STAKEHOLDER AND, AND CITIZEN ENGAGEMENT PIECE.

AND SO THAT'S WHY WE LIKED THEM.

ALL RIGHT.

UH, ANY QUESTIONS OR COMMENTS? UH, COUNCILMEMBER TOBY.

YEAH, I KIND OF LOOKED OVER THE, UH, THE BACK OF MATERIAL AND I LIKED THAT THEY HAVE, UH, SPECIFIC PEOPLE THAT ARE GOING TO WORK WITH COMMUNICATIONS AND DELIVERANCE DESIGN AND FACILITY INFRASTRUCTURE.

IT'S JUST LIKE CODE AND THEN THE PARKS OPEN SPACES.

AND, UH, IT LOOKS LIKE IT'S A PRETTY WELL-ROUNDED TEAM.

UM, SO WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE MOTION BY COUNSELOR.

TOBIA SECONDED BY COUNCIL MEMBER, UH, FLORES, KALE THAT WE APPROVE AGENDA ITEM NUMBER 39.

IS THERE DISCUSSION ON THAT MOTION? MAYOR, MAYOR PRO TEM.

DEFINITELY.

AMBER, THE ONE PART I DID LIKE IS THE ENGAGEMENT, THE COMMUNITY ENGAGEMENT, AND THAT'S PROBABLY GOING TO BE KEY FOR ME.

AND I'M LOOKING FORWARD TO SEEING WHAT THAT LOOKS LIKE.

SO THANK YOU FOR A REALLY EMPHASIZING THAT.

UH, ANYONE ELSE? I WILL SAY THAT THEY WON MY HEART WITH THE ENDORSEMENT BY CHARLES MAROON.

HE IS, HE IS ONE OF MY HE'S ONE OF MY HEROES.

SO A LOT OF WHAT WE DO IN THESE AGREEMENTS IS, IS

[03:40:01]

BUILT AROUND HIS DEVELOPMENT PRINCIPLES.

SO, UH, HE W HE WON ME OVER THERE.

UH, THEY WANT ME OVER THERE.

IS THERE ANY, ANY OTHER DISCUSSIONS AND LOOKING AT THE LAND USE THAT LOOKS, UM, LOOKS LIKE MS. CASTILLO HAS THE MOST HOURS, SO SHE'S, THERE LOOKS LIKE THEY'RE REALLY DEDICATED INTO THAT, ESPECIALLY WITH THE CONVERSATIONS WE'VE BEEN HAVING ALL NIGHT, AND MAYBE WE CAN GET SOME REAL VALID INPUT.

RIGHT.

DID YOU HAVE A CASPER FOR SCALE? UM, I DID MY DUE DILIGENCE IN THE LEGAL BACKGROUND.

OF COURSE.

THEY'RE GREAT.

THEY'RE GOOD TO THE COMFORTABLE ARE GOOD AT SOS.

I READ THE REVIEWS.

THEY'RE AMAZING.

I, YOU KNOW, I WAS TRYING TO LIKE FIND SOMETHING.

I WAS LIKE, NAH, BUT THEY THEY'RE.

THEY SEEM TO BE REALLY, REALLY GOOD.

THEY'RE GOOD.

THEY'RE GREAT WITH THE RESIDENTS I READ AND I, AND SO I'M REALLY, REALLY EXCITED TO GET STARTED ON THIS.

WE ARE TOO, IT'S GOING TO BE FUN.

UH, I'D LOVE TO GET AN IDEA OF WHAT THAT BID IS GOING TO BE.

WELL, HAVE THERE BEEN DISCUSSIONS AND MAYBE AN EXEC, BUT, BUT THAT'S THE NEXT THING IS YOU'RE GOING TO BRING BACK THE CONTRACT.

HEY MATE.

MARION COUNCIL.

I DON'T KNOW IF YOU GOT, CAN YOU GUYS HEAR ME? THIS IS, THIS IS KEVIN.

HEY KEVIN.

YES, WE CAN.

GO AHEAD.

HEY, GOOD EVENING, MAYOR COUNCIL.

THIS IS KEVIN SHEPPARD WITH VIRGINITY.

UM, I JUST, UM, I STUCK ON THIS LONG, SO I FIGURED I'D GO AHEAD AND CHIME IN AND SAY A COUPLE OF THINGS REAL, REAL QUICK.

UM, I, UH, YOU KNOW, WE SUBMITTED FOR THIS, I THINK IT WAS TWO YEARS AGO.

UM, AND I THINK WE CAME IN, UH, WE CAME IN NUMBER SET, UH, CAME IN NUMBER TWO THAT TIME AROUND.

AND, UM, AMBER ASKED ME TO TAKE A LOOK AT THE VIDEO FROM THAT, FROM THAT CONVERSATION THAT Y'ALL HAD BACK THEN.

AND I WOULD JUST OFFER, UM, I APPRECIATE THE DISCUSSION YOU HAD BACK THEN.

UM, BECAUSE YOU KNOW, IT'S CITIES, DON'T ALWAYS HAVE TO DO A COMPREHENSIVE PLAN.

SOMETIMES YOU CAN DO TOO MANY OF THEM.

AND THEN YOU END UP WITH CONFLICTING VISIONS AND PLANS AND THINGS ARE ALL OVER THE PLACE.

SO, UM, I, UH, I DO LOOK FORWARD TO WORKING WITH YOU GUYS, UH, MAYOR IT'S, UH, IT'S GOOD TO HEAR YOU TALK ABOUT STRONG TOWNS BECAUSE WE, WE LIVE AND BREATHE THAT STUFF WITH EVERYTHING THAT WE DO.

SO, UM, I WILL SAY ANOTHER THING THAT WILL COME OUT OF OUR PROCESS, JUST HEARING YOU GUYS TALK ABOUT THE, THE TERS AND THE PIT AND THE, HOW TO, HOW TO FINANCE THESE PROJECTS.

UM, THE, THE ONE ANGLE I'M GOING TO BRING TO THIS AS, UM, AS WE GO THROUGH THE PROCESS IS HOW ARE YOU GOING TO PAY FOR THINGS ON THE BACKEND? SO NOT JUST, HOW DO YOU FINANCE THE UPFRONT CONSTRUCTION OF THE INFRASTRUCTURE, BUT HOW IS THE CITY GOING TO GENERATE THE REVENUES SO THAT YOU CAN MAINTAIN AND ULTIMATELY REPLACE ALL OF THIS INFRASTRUCTURE THAT'S GOING IN BY DEVELOPERS? SO, UM, WE, UH, WE LOOK FORWARD TO WORKING WITH YOU ALL, WE LOOK FORWARD TO WORKING WITH YOUR STAFF AND, UM, WE'RE EXCITED ABOUT DIGGING IN THERE IN KYLE.

KEVIN ARE, YOU ARE Y'ALL POTENTIALLY GOING TO DO AN ANALYSIS, UH, LIKE STRONG TOWNS HAS DONE.

I ACTUALLY, I DON'T THINK IT WAS STRONG TOWNS WHO DID IT, BUT IT WAS ONE OF THEIR CO THAT WHAT'S THE NAME OF THAT GROUP THAT BASICALLY THEY TAKE EVERY PLOT OF LAND AND THEY DETERMINE ITS LONG-TERM CASH FLOWS RELATIVE TO THE EXPENSES AND GRAPHS AT ALL.

THAT'S IT THAT'S EXACTLY WHAT WE DO.

SO YOU'RE, AS YOU'RE PROBABLY THINKING ABOUT URBAN THREE, UM, AND THE VALUE PER ACRE THAT, THAT THEY DO.

SO YEAH, WELL, WE DO THE VALUE PER ACRE AT THE PARCEL LEVEL.

AND THEN WE'LL ALSO DEPENDING ON HOW MUCH DATA AND INFORMATION YOU HAVE, UM, WE'LL ALSO GET INTO THE SERVICE COST SIDE AND LOOK AT THE, WHAT SOME PEOPLE CALL THE RED, GREEN MAPS OR THE PROFIT AND LOSS MAPS AND SEE HOW DIFFERENT PARCELS AND PATTERNS PERFORM.

UM, SO YEAH, WE'LL, WE'LL, WE'LL DIG IN AS, AS MUCH AS YOU GUYS, UH, MUCH.

DO YOU GUYS WANT US TO SAME THING ON ENGAGEMENT? WELL, LIKE, I, I, I DO CARE ABOUT THE ENGAGEMENT.

I KNOW OTHERS CARE ABOUT IT, A GREAT DEAL.

I CARE ALSO VERY MUCH ABOUT THE PRODUCT AND WHETHER IT PROVIDES ACTUAL, UH, UH, VALUE TO THE CITY.

SO THAT'S WHAT I'LL BE LOOKING FOR IS ASSURANCES.

BUT I THINK YOUR MENTALITY IS CLEARLY, UH, IN THE RIGHT FRAME OF MIND.

SO I'M GLAD TO HEAR IT.

UH, ANY OTHER COMMENTS, KEVIN, ANY CHANCE WE CAN GET THAT PRICE? WE GOT TWO YEARS AGO? UH, I DON'T REMEMBER WHAT THAT PRICE WAS, BUT WHAT, WHAT WILL, WHAT WE ALWAYS DO IS TRY TO TRY TO COME IN WITH A RANGE, UM, OF, YOU KNOW, CAUSE, CAUSE JUST BASED ON WHAT YOU GUYS WANT WITH ENGAGEMENT, UM, YOU KNOW, WE'LL COME UP WITH THAT RANGE AND KIND OF WORK WITH, WITH STAFF AND YOU GUYS TO DIAL IT IN TO WHAT MAKES SENSE.

APPRECIATE IT, KEVIN.

THANK YOU.

ALL RIGHT.

ANYONE ELSE? ALL IN FAVOR, SAY AYE.

AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

THANK YOU, AMBER.

THANK YOU.

ALL RIGHT.

[40. Consider and possible action to approve a Resolution of the City Council of the City of Kyle, Texas, Authorizing the Award of Service Providers for the Texas Hazard Mitigation Assistance Project Funded through the Texas Division of Emergency Management (TDEM) and/or Texas Water Development Board (TWDB). ~ James R. Earp, Assistant City Manager]

[41. Consider and possible action to approve a Resolution of the City Council of the City of Kyle, Texas, Authorizing the Award of Engineering Services for the Texas Hazard Mitigation Assistance Project Funded through the Texas Division of Emergency Management (TDEM) and/or Texas Water Development Board (TWDB). ~ James R. Earp, Assistant City Manager]

NEXT UP AGENDA ITEM NUMBER 40 CONSIDERING POSSIBLE ACTION TO APPROVE A RESOLUTION

[03:45:01]

OF CITY COUNCIL OF TEXAS OF CALTEX IS AUTHORIZING, UH, THE AWARD OF SERVICE PARTNERS, UH, PROVIDERS FOR THE TEXAS HAZARD MITIGATION ASSISTANCE PROGRAM FUNDED THROUGH THE TEXAS DIVISION OF EMERGENCY MANAGEMENT AND THE WATER DEVELOPMENT BOARD.

MR. MAYOR COUNCIL FOR THE RECORD, UH, JAMES ASSISTANT CITY MANAGER, THE, THE ACTUAL, THE, THIS ITEM AND THE ITEM FOLLOWING IT ARE, ARE BOTH RELATED.

THE, THE NUANCE.

THAT'S THE DIFFERENCE BETWEEN THE TWO ITEMS IS THIS ONE IS AWARDING FOR THE MANAGEMENT COMPANY, WHICH WILL BE THE ONE THAT WILL BE DOING THEIR GRANT WRITING AND THEN MANAGING THE GRANT IF WE RECEIVE IT WELL, IF THERE ARE NO OBJECTIONS, I'M GOING TO BRING 41 UP AS WELL.

THAT'S CONSIDERED A POSSIBLE ACTION TO APPROVE RESOLUTION, UH, AUTHORIZING THE AWARD OF ENGINEERING SERVICES TO, UM, THE SAME PROJECT.

SO, OKAY.

THAT'S CORRECT.

SO THE, SO THE SECOND ONE BEING THE ENGINEER THAT NEEDS TO PARTNER WITH THE GRANT WRITER TO HELP SET SCOPE AND THEN ULTIMATELY DO THE DESIGN WORK THAT NEEDS TO BE DONE IF WE GET THE GRANT, UH, THAT WE'RE AFTER.

SO THIS IS A HAZARD MITIGATION GRANT.

IT'S A RELATIVELY LARGE POOL OF MONEY.

UH, WE, WE PUT IN SOME, UH, SOME SAMPLE PROJECTS THAT COULD BE INCLUDED, BUT GENERALLY SPEAKING, UH, THE PRE APPLICATION IS DUE AT THE END OF APRIL.

SO THESE FOLKS WILL DO THE WORK TO TRY TO GET US PRE-QUALIFIED AND THEN IF WE GET PRE-QUALIFIED, THEN WE CAN COME BACK AND SAY, OKAY, WE WANT THESE 15 PROJECTS IN.

WE WANT THEM ALL DESIGNED.

WE WANT TO FIGURE OUT WHAT WE'LL GET FUNDED FOR.

SO ON AND SO FORTH.

SO I HAD THINGS IN THERE, LIKE THE QUAL RIDGE DRAINAGE, CAUSE THAT WAS ONE OF THE PROJECTS ON THE, ON THE LIST FOR MAKING GUMP.

I ALSO HAD IN THERE, UH, ITEMS THAT WOULD BE FOR LIKE, UH, YOU KNOW, WARNING SYSTEMS AND WHAT HAVE YOU FOR BAD WEATHER.

SO IT'S THINGS TO DO WITH HAZARD MITIGATION THAT, THAT ALSO FEEDS DIRECTLY INTO, UH, OUR EMERGENCY MANAGEMENT STUFF TOO.

SO, ALL RIGHT.

ANY QUESTIONS FOR JAMES COMMENTS, MOTIONS, MAYOR LAC TO GO AHEAD AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 40 AND 41.

SO GOOD EMOTION BY CASPER.

TOBIA SECOND BY MAYOR PRO TEM RIZZO THAT WE APPROVE ITEMS 40 AND 41.

IS THERE DISCUSSION ON THE MOTION? CAN I ADD SOMETHING TO THE RECORD? SURE.

UH, THE MANAGEMENT SERVICES IS GRANT WORKS.

THE ENGINEERING FIRM HAS HALF.

OKAY, THANK YOU.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

NEXT

[42. (First Reading) An ordinance of the City of Kyle, Texas, Amending or Repealing: Part II, Chapter 2, Article III Boards, Committees and Commissions, Division 1 Generally, Subdivision I Boards, Section 2-42 Appointment and Section 2-45 Qualifications; and, Subdivision II Committees, Sec 2-60 Appointment; and, Division 2 Planning and Zoning Commission, Sec 2-70 Vacancies, Appointments and Service; and, Article V Library, Division 2 Board of Directors, Sec 2-441 (c) Membership and Officers of Board, of the City of Kyle Municipal Code and Establishing Application and Appointment Standards for Boards, Committees and Commissions; Repealing Conflicting Ordinances, and Providing for Related Matters. ~ James R. Earp, Assistant City Manager]

UP AGENDA ITEM 42.

FIRST READING AN ORDINANCE OF THE CITY OF KYLE, TEXAS, UM, REPEALING, UH, RELATED TO BOARDS AND COMMISSIONS.

UM, MR. THIS IS WHAT REQUIRES A LAPTOP.

SO WHAT I HAVE BEFORE YOU IS EFFECTIVELY THE DRAFT ORDINANCE, AND I EMPHASIZE DRAFT, I KNOW IT'S LISTED AS FIRST READING, BUT WE CAN TAKE AS MANY READINGS AS WE ACTUALLY NEED TO TO GET THIS RIGHT.

UM, THERE IS A LOT OF CUTTING AND SLICING AND DICING THAT NEEDS TO HAPPEN IN THE CODE IN ORDER TO MAKE THE BOARDS AND COMMISSIONS COME INTO ALIGN WITH THE ONE VISION OF THAT WAS PRESENTED BY COUNSEL FOR THE APPLICATION PROCESS.

THAT'S WHAT THIS ATTEMPTS TO DO.

UM, THE BIGGEST THING THAT'S PROBABLY WORTH NOTING IS, UH, THERE ARE THREE BOARDS THAT WOULD BE AFFECTED BY THE CHANGE THAT THAT WAS DISCUSSED BY COUNCIL, WHICH WAS EVERYBODY HAS EFFECTIVELY THE SAME QUALIFICATIONS TO APPLY.

THERE'S A ONE APPLICATION.

IF YOU WILL, YOU GET TO PICK THE DIFFERENT THINGS THAT YOU MIGHT BE INTERESTED IN.

WE DO IT ALL AT ONE TIME OF THE YEAR, UM, AND THE, THE OPEN CALL, ALL THAT.

SO THAT'S THE LIBRARY BOARD, THE PARKS BOARD AND THE P AND Z ARE THE MAIN ONES THAT, THAT WERE AFFECTED.

AND WHENEVER I WENT THROUGH THE CODE, UM, ONE OF THE THINGS THAT WE WOULD EFFECTIVELY DO, UH, AND THE WAY THAT I'VE ENVISIONED THIS IS THAT WE MAKE THE CHANGE IN ONE PLACE.

AND THEN IN THE OTHER AREAS, WE REFER BACK TO THAT PLACE TO SAY, THAT'S HOW WE FEEL THIS BOARDING COMMISSION.

THERE'S ANOTHER, THERE'S ANOTHER COMMISSION THAT WOULD BE AFFECTED THAT IS NOT CURRENTLY IN THIS DRAFT ORDINANCE.

AND THAT'S THE ARTS COMMISSION BECAUSE IT HASN'T BEEN CODIFIED YET.

SO I WOULD ACTUALLY NEED TO ADD IN THE LANGUAGE THAT WOULD DO THE SAME THING FOR THE ARTS COMMISSION, BUT THAT SAID, UM, THIS ATTEMPTS TO CHANGE THE LANGUAGE, WHICH IS EFFECTIVELY THE FIRST THING THAT YOU SEE IN SECTION TWO.

SO THAT ESTABLISHES WHERE THE APPLICATION PERIOD IS.

AND WHEN THE COUNCIL WILL TAKE ACTION, UH, BEFORE SEPTEMBER 30, THE OTHER THING THAT'S A SIGNIFICANT CHANGE IF YOU WILL, IS CURRENTLY THE, UH, REQUIREMENTS FOR BEING ELIGIBLE TO SERVE ON THE, ON THE BOARDS IS ONE YEAR OF CONSECUTIVE, UH, UH, LIVING INSIDE THE JURISDICTION FOR ONE YEAR.

HOWEVER, BY THE PLANNING AND ZONING COMMISSION IS ONLY SIX MONTHS.

SO I LIKED IT BECAUSE THE STATE LAW THINKS THAT'S THE PLANNING AND ZONING ONE AT SIX MONTHS.

SO I ELECTED TO CHANGE THE BOARDS DOWN TO SIX MONTHS.

SO THEY MATCH.

[03:50:01]

SO THAT WAY YOU'D HAVE THE SAME QUALIFICATION ACROSS, ACROSS THE BOARD, NO PUN INTENDED.

UM, THEN THE REST OF THEM ARE JUST EFFECTIVELY STRIPPING OUT HOW VACANCIES ARE DONE AND THEN HOW THE APPOINTMENTS WILL BE REDONE IN AND MAKING THE REFERENCES BACK UP.

AND THEN THE, THE, THE ONE NUANCE ABOUT THE, THE ARTS COMMISSION IS, IS IT'S GOING TO KIND OF BUCK THE TREND OF TRYING TO MAKE ALL OF THE REQUIREMENTS EQUIVALENT BECAUSE WE, WHENEVER THIS WAS ADOPTED, UM, WE SPECIFICALLY PUT IN LANGUAGE THAT SAYS QUALIFICATIONS FOR APPOINTMENT.

THIS IS THE, THIS IS THE ONE THAT'S GONNA REQUIRE THAT FOUR VOTING MEMBERS BE REQUIRED TO DEMONSTRATE KNOWLEDGE AND PASSION.

AND ONE OF THE FOLLOWING AREAS AND PROFESSIONAL FIELDS, LITERATURE, VISUAL ARTS, GRAPHIC ARTS, PLASTIC ARTS, DECORATIVE ARTS, SO ON AND SO FORTH.

TWO WILL BE APPOINTED AS CITIZEN, COMMUNITY REPRESENTATIVES, AND ONE WILL BE APPOINTED FROM THE BUSINESS COMMUNITY.

SO THAT DOESN'T ALIGN UP WITH THE ONE APPLICATION, ONE, ONE SET OF STANDARDS FOR EVERYBODY.

I MEAN, WE COULD PROBABLY WORK THESE SPECIFIC QUESTIONS INTO THE APPLICATION, BUT IT WOULD ONLY APPLY FOR THE ARTS COMMISSION, YOU KNOW, FOLKS, BUT I JUST NEEDED TO POINT THAT OUT AND KIND OF FIGURE OUT HOW Y'ALL WANT TO HANDLE IT SO I CAN MAKE THE FINAL CHANGES TO THE APPLICATION THAT WE'RE TRYING TO GET DONE AND THEN GET THAT INTO THE SYSTEM.

SO THE SYSTEM WILL HAVE THE RIGHT APPLICATION.

SO WHAT, WHAT WOULD THAT LOOK LIKE JAMES, UH, MOVING FORWARD BECAUSE YOU KNOW, THE ART COMMISSION WAS SET UP IN A WAY TO BRING PEOPLE THAT ARE PASSIONATE ABOUT THE ARTS.

HOW DO WE INCORPORATE THAT INTO THE, UH, APPLICATION THAT WE'RE, UH, CURRENTLY, UH, LOOKING AT? I MEAN, THE ONLY THING I COULD THINK OF, WELL, I GUESS THERE'S PROBABLY TWO OPTIONS.

OPTION.

NUMBER ONE IS YOU CATCH IT IN THE NARRATIVE FORM OR ANYTHING ELSE THAT YOU ASKED FOR, RIGHT.

OPTION NUMBER TWO IS YOU WOULD HAVE A SECTION ONLY IF YOU'RE INTERESTED IN THE ARTS COMMISSION.

WOULD YOU ANSWER THIS SET OF QUESTIONS? LIKE, DO YOU MEET ONE OF THESE CATEGORIES? THAT'S THE ONLY THING I CAN THINK OF IT, BUT THAT WOULD BE ON EVERYBODY'S APPLICATION.

RIGHT? SO IF I'M INTERESTED IN PNC AND LIBRARY AND ARTS, THAT SECTION FOR ARTS COMMISSION WOULD STILL HAVE TO BE ON THERE IN ORDER TO BE ABLE TO PUT THEM INTO CATEGORIES.

SO THAT'S IT, BUT ONLY IF YOU'RE INTERESTED IN YARDS COMMISSION WHERE YOU'D FILL THAT OUT.

CORRECT.

THAT'S THE ONLY WAY I CAN THINK OF TO DO IT IS JUST TO SAY, DON'T FILL IN THIS, UNLESS YOU'RE, IF YOU'RE INTERESTED IN THE ARTS COMMISSION CLINIC, THEN YOU NEED TO ANSWER THIS SET OF QUESTIONS.

I KIND OF LIKED THAT IDEA, BUT WHATEVER COUNCIL WANTS TO SAY CUSTOMER ELSEWHERE.

SO YEAH.

UM, CERTAINLY ONE, UH, JAMES, THANK YOU FOR ALL YOUR EFFORT ON THIS.

I'M SURE THIS WAS QUITE A TEDIOUS PROCESS FOR YOU.

UM, SO, UH, CERTAINLY UNDERSTAND, UH, THE CHALLENGE THERE WITH THE ARTS BOARD, UH, YOU BROUGHT UP THE OTHER BOARDS, ECONOMIC DEVELOPMENT IS, IS SIMILAR AS WELL.

THAT THEY'RE, THEY'RE DIFFERENT THAN ANY OF THE OTHER BOARDS AND THE REQUIREMENTS, UH, THAT THEY HAVE AS WELL.

I KNOW EVEN THE LIBRARY BOARD, AS FAR AS RESIDENTS AND THEIR REQUIREMENTS IS EVEN DIFFERENT.

SO DID YOU SEE ANY KIND OF CHALLENGES WITH THE ECONOMIC DEVELOPMENT BOARD AND ADDING THAT? WHAT DID YOU DO WITH THE LIBRARY BOARD AS FAR AS THE RESIDENCY PIECE? AND COULD WE LOOK TO EITHER ONE OF THOSE TO KIND OF SOLVE THE ARTS COMMISSION CHALLENGE? SO TO ANSWER YOUR QUESTION, IT'S A VERY GOOD QUESTION.

I BELIEVE WHAT I DID IS I REPEALED THE LANGUAGE AND THE LIBRARY AND THE LIBRARY SECTION.

I REPEALED THAT.

SO NOW IT'S JUST SEVEN MEMBERS AND COUNCIL APPOINTS THEM, RIGHT? ECONOMIC DEVELOPMENT.

WHEN I PULL UP DIVISION FOUR OF THE CODE, ALL THAT DOES NOW IS TALK ABOUT RENAMING, THE ECONOMIC DEVELOPMENT AND TOURISM COMMITTEE TO THE ECONOMIC DEVELOPMENT AND TOURISM BOARD.

THERE'S NOTHING THAT I SEE IN HERE CURRENTLY, THE REST OF IT IS, IS RESERVED.

IT'S IT ONLY TALKS ABOUT THE GENERAL DUTIES.

SO I DON'T SEE CURRENTLY IN, UH, THAT'S ARTICLE THREE BOARDS AND COMMISSIONS AND THEN DIVISION FOR ECONOMIC DEVELOPMENT AND TOURISM BOARD.

THAT'S WHAT I WAS LOOKING AT.

AND LET ME SEE IF I AMENDED ANOTHER SECTION.

THAT'S NOT THAT LET'S SEE THAT'S BECAUSE YEAH, BECAUSE ECONOMIC DEVELOPMENT BOARD ISN'T EVEN REQUIRED TO LIVE IN THE CITY FOR THAT PARTICULAR BOARD.

SO IT IS VERY DIFFERENT RULES.

WELL, BUT THE POINT IS I DON'T SEE WHERE THAT LIVES IN THE CODE IS WHAT I'M SAYING.

WELL, I DON'T, I DON'T SEE IN THE CODE WHERE IT SAYS YOU DON'T HAVE TO LIVE IN THE CAMP, YOU KNOW, IT IS IT JUST, UH, BECAUSE IT'S A BOARD, IT WOULD BE LIVING IN THE REST OF THE BOARD, YOU KNOW, RULES.

I DON'T SEE.

WELL, I JUST DON'T FIND THAT THIS IS WHAT I'M SAYING.

IT'S IN THE BOARD COMMISSION, WOULD IT BE MORE TIME EFFICIENT TO CREATE BYLAWS, TO GO WITH THESE EACH

[03:55:01]

GROUP? BECAUSE I FEEL LIKE THERE'S A LOT OF SUFFER WE'RE MISSING OUT AND THAT YOU'RE GOING TO HAVE TO INCLUDE, AND IT'S PROBABLY GOING TO MAKE A 10 PAGE ORDINANCE.

SO WOULD IT BE MORE TIME EFFICIENT TO JUST SAY, OKAY, WE'RE GOING TO CREATE BYLAWS SO WE KNOW WHAT THOSE EXPECTATIONS ARE WITHIN THAT OR COMMISSION.

AND THEN WE JUST HAVE A VERY BASIC ORDINANCE WHICH DESCRIBES OUR PROCESS.

WELL, I MEAN, I GUESS GENERALLY SPEAKING, WHAT I UNDERSTOOD THE WILLOW COUNCIL TO BE WAS TO STREAMLINE THIS, TO MAKE IT TO WHERE THE QUALIFICATIONS WERE EFFECTIVELY THE SAME, RIGHT.

AND THEN THAT GETS YOU THE MAXIMUM POOL OF CANDIDATES AND THEN THROUGH INTERVIEW AND THEN COMBINATION OF INTERVIEW AND MY, UH, AS AN APPLICANT INTEREST, YOU ARE ABLE TO KIND OF PLACE PEOPLE IN THE, IN THE CORRECT PLACE.

SO, SO THAT'S WHAT I'M ATTEMPTING TO DO IS TO STRIP OUT A LOT OF THE THINGS THAT ARE LIKE A, BUT NOT SEE, YOU KNOW, D BUT NOT F 3G.

YOU KNOW, I WAS TRYING TO STRIP AS MUCH OF THAT OUT AND JUST DRIVE IT ALL BACK TO Y'ALL CAN APPOINT SEVEN PEOPLE.

CAUSE IF IT'S A BOARD AND IF IT'S A COMMISSION, IT CAN FOLLOW THE COMMISSION RULES.

AND THEN THAT'S BASICALLY THE END.

AND THEN YOU LIVE HERE SIX MONTHS AND YOU'D BE 18 YEARS OF OLDER AND THAT'S EFFECTIVELY IT, EVERYTHING ELSE THEN IS UP TO THE DISCRETION OF THE COUNCIL AS FAR AS BYLAWS.

AND I DON'T KNOW THAT I'M PREPARED TO TALK ABOUT THAT, BUT, UM, THAT'S WHAT I'M ATTEMPTING TO DO.

I DO KNOW WHAT YOU ARE TALKING ABOUT WITH THE, WITH THE ECONOMIC DEVELOPMENT.

UH, I REMEMBER THAT I JUST DON'T SEE IT IN THE CODE IS WHAT I'M SAYING.

SO DIANA, DO YOU HAVE ANYTHING TO ADD ON THAT? DO YOU KNOW HOW THE, WHERE THE POLICY FOR SELECTION OF THE BOARD MEMBERS IS LOCATED AND REALLY THE QUESTION IS, DO WE WANT TO REPEAL IT AND BRING ECONOMIC DEVELOPMENT INTO CONFORMITY WITH ALL BOARDS AND, OR DO WE WANT TO LEAVE THAT BOARD SEPARATE AND GIVE IT A SEPARATE SEPARATE PATH? SO THIS IS YOUR CHANCE TO TALK ON THAT MARIN COUNCIL, DIANA TORRES DIRECTOR OF ECONOMIC DEVELOPMENT FOR THE RECORD.

UM, THAT'S A GOOD QUESTION.

I DON'T KNOW WHERE IT LIVES IN CODE, BUT, UM, I DO REMEMBER AT THE TIME THAT IT WAS THE RESTRUCTURE WAS TO KIND OF MIRROR AN E AN ECONOMIC DEVELOPMENT, UM, CORPORATION, UH, AND THERE WAS VERY POSITIONS TO BE, FEEL LIKE ONE FROM THE SCHOOL DISTRICT, ONE FROM HEALTHCARE, ONE FROM MANUFACTURING, ONE FROM DEVELOP MET.

UM, BUT IF, IF WE, IF WE REPEAL AND BRING THAT BOARD INTO THIS POLICY, AT LEAST A COUPLE OF THE MEMBERS WILL NO LONGER BE ABLE TO SERVE, I WOULD IMAGINE.

AND THEN, RIGHT.

AND THEN, SO, AND THE BUSINESS OWNERS HAD TO HAVE, THEY EITHER HAD TO HAVE A BUSINESS IN THE COMMUNITY AS FAR AS LIKE THEM OWNING IT, OR THEY HAD TO BE ONE OF THE MAIN, UM, EMPLOYEES AT THAT BUSINESS LOCATED IN KYLE.

SO I'VE FOUND IT AS CINDY.

UH, SO I LOOKED UNDER THE BOARDS AND COMMISSIONS PAGE, UH, CLICKING ON THE ECONOMIC DEVELOPMENT, UH, BOARD IT'S IN THE JOB DESCRIPTION.

UM, UH, IT LOOKS LIKE A WORD DOCUMENT THAT'S, UH, ON THAT PAGE.

AND IT GOES INTO THE FOUR REQUIREMENTS THAT ARE REQUIRED OR ON ANY OF THE OTHERS.

AND IT SAYS AN APPOINTEE MAY NOT BE AT THE CITY SEATS FOR THE ECONOMIC DEVELOPMENT BOARD WOULD INCLUDE REPRESENTATION FROM KEY LOCAL STAKEHOLDERS, INCLUDING A LOCAL MAJOR EMPLOYER, LOCALLY SERVING UTILITY, LOCAL HEALTHCARE, ACI ISD, HIGHER EDUCATION AND HOTELIER.

SO THAT, THAT'S WHERE THAT LANGUAGE IS.

I GUESS I DON'T, I LOOKED REAL QUICK TOO, AND I CERTAINLY SURE JAMES LOOKED THOROUGHLY THROUGH THE CODE, BUT I GUESS THAT'S WHERE IT IS.

IT'S IN THE JOB DESCRIPTION FOR THAT PARTICULAR BOARD.

AND THAT CAN BE FOUND ON THE, UH, BOISE COMMISSIONS PAGE, WHERE IT LISTS ALL THE BOARDS AND COMMISSIONS.

YOU CLICK ON ECONOMIC DEVELOPMENT, SCROLL DOWN TO THE BOTTOM THERE'S ATTACHMENTS.

AND ONE OF THEM IS A WORD DOCUMENT WITH THAT.

IT'S IN SECTION TWO, 11 TO ONE 11 IN THE CUP.

OKAY.

WELL, THERE'S JUST, THERE'S GOING TO BE CONFLICT.

THERE'S GOING TO BE CONFLICT.

WE'RE GOING TO, WE JUST NEED TO MAKE A DECISION AND GIVE JAMES DIRECTION.

YES.

IF YOU LOOK AT 2, 1 11, ALL IT SAYS IS THE ECONOMIC DEVELOPMENT TOURISM BOARD IS HERE BY CREATED.

THAT'S ALL IT SAYS.

IT DOES NOT SAY THIS IS THE MEMBERSHIP, AND THIS IS HOW IT'S DONE.

NONE OF THAT IS I'M LOOKING RIGHT AT IT RIGHT HERE.

TWO 11 THROUGH TWO 14.

OKAY.

WE NEED TO GO BACK.

IT WAS APPROVED BY COUNCIL IN 2015 THAT, WELL, IT WAS PROBABLY JUST APPROVED AS A, WELL, EITHER WAY LIKE A POLICY AS OPPOSED TO AN ORDINANCE POLICY VERSUS THAT'S WHAT I WOULD GUESS.

SO, BUT EITHER WAY, THE QUESTION REMAINS.

DO YOU WANT TO HAVE THE ABILITY TO HAVE SPECIFIC REQUIREMENTS? AND IF YOU DO, BECAUSE EVERY TIME WE DO THAT, THEN THAT MAKES THE APPLICATION GROW BIGGER AND ONLY BE APPLICABLE TO THAT ONE SECTION, YOU KNOW? RIGHT.

I DON'T

[04:00:01]

HAVE A PROBLEM WITH IT.

I'M JUST TRYING TO DETERMINE WHAT IT IS THAT Y'ALL WANT TO BE ABLE TO THE APPLICATION.

SO I DIRECT STAFF TO CREATE IT CORRECTLY I PERSONALLY THINK THAT THE DEVELOPMENT BOARD SHOULD KIND OF STAY MORE OR LESS THE WAY IT IS.

I THINK IT'S A SLIGHTLY DIFFERENT, IS THERE ANY OPPOSITION TO PUTTING THAT DESCRIPTION THAT YOU READ INTO THE CODE WHILE WE'RE DOING THIS AMENDMENT, SINCE WE'RE ALREADY CUTTING AND PASTING ALL INTO THE BOARDS AND COMMISSIONS ANYWAY TO OUR ED WOULD HAVE ITS OWN SPECIFIC REQUIREMENTS FOR FILLING THOSE SEATS THAT DO NOT ABIDE BY THE BOARDS BECAUSE IT IS A BOARD.

SO IT'S SUPPOSED TO ABIDE BY THE PARENT, YOU KNOW, CATEGORY ABOVE IT, WHICH IS SEVEN MEMBERS, SIX MONTHS LIVE IN THE CITY LIMITS OVER 18.

SO I WOULD HAVE TO, I WOULD THINK INSERT LANGUAGE INTO THE CODE THAT SAYS, UNLESS IT'S ECONOMIC DEVELOPMENT COURT, IN WHICH CASE IT'S THIS RIGHT.

AND THEN WE CAN ADOPT THAT BY ORDINANCE WITH ALL OF THIS.

I WOULD JUST ADD IT INTO THIS ORDINANCE AND MAKE IT SUPER CONFUSING FOR EVERYBODY.

THANK YOU, JAMES.

ALL RIGHT.

WELL, I THINK THAT'S THE HEADING.

OKAY.

THANK YOU.

ALL RIGHT.

UM, THIS IS FIRST READING, SO THIS IS A CHANGE YOU BRING BACK FOR SECOND READING IS WHAT YOU'RE SAYING.

AND HOWEVER MANY READINGS WE NEEDED.

YES.

I'LL MAKE THE CHANGE BEFORE SECOND INGREDIENT.

I'D LIKE TO MAKE A MOTION TO APPROVE GIN, NOT IN 42 SECOND MOTION BY THE MAYOR, SECONDED BY MAYOR PRO TEM RESULTS OR DISCUSSION ON THE MOTION.

ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

IS THERE OBJECTION TO THIS BEING FINALLY PASSED? I WILL OBJECT.

ALL RIGHT.

NEXT STEP AGENDA ITEM

[43. Consider and possible action to waive City of Kyle purchasing requirements requiring three competitive quotes and authorize the City Manager to execute a contract in the amount of $28,500 for grant writing services for the RAISE grant for the Kyle Vybe project to Karl Kalbacher, PG. ~ J. Scott Sellers, City Manager]

NUMBER 43, CONSIDERING POSSIBLE ACTION TO WAIVE CITY OF KYLE PURCHASING REQUIREMENTS REQUIRING THREE COMPETITIVE QUOTES AND AUTHORIZE THE CITY MANAGER TO EXECUTE A CONTRACT IN THE AMOUNT OF 28,500 FOR GRANT WRITING SERVICES FOR THE RAISE GRANT FOR THE COVID PROJECT TO CARL CALL BARKER.

OKAY.

AND COUNSEL, THE RAISE GRANT IS WHAT WAS USED TO BE THE, THE BUILD GRANT.

AND THEN BEFORE THAT IT WAS THE TIGER GRANT.

IT'S AN EXTREMELY COMPETITIVE FEDERAL GRANT.

THERE IS MORE MONEY THAN PUT IT IN THIS YEAR, BUT IT'S STILL VERY, VERY COMPETITIVE.

THE DEADLINE IS COMING UP VERY QUICKLY AND IT, UH, IF WE WERE TO FOLLOW OUR PROCUREMENT POLICY WITH NOTIFYING, YOU KNOW, IN THE NEWSPAPER SELECTING, YOU KNOW, COMPETITIVE QUOTES AND THEN BRINGING IT BACK TO THE COUNCIL, WE WOULD EFFECTIVELY MISS THE DEADLINE FOR THE GRANT WRITER.

NOW WE REACHED OUT TO OUR, UH, LOBBYISTS, FEDERAL LOBBYIST.

THEY FOUND THIS FIRM THAT'S ON THE AGENDA, WHO HAS HAD A LOT OF SUCCESS WITH THE, THIS GRANT, THE TIGER BUILD RAISE GRANT.

AND WE MET WITH THIS INDIVIDUAL.

UH, HE USED ONE INSTRUCTED US TO DO THE, THE, UH, WE'LL CALL IT THE, THE TRAIL SURVEY THAT WE PUT OUT, UH, THAT IS STILL OUT, UH, AND, UH, IS READY TO MOVE FORWARD VERY QUICKLY ON THE APPLICATION.

BUT THIS IS THE ONLY WAY TO GET THAT APPLICATION DONE BY THE DEADLINE.

SO IT'S A, IT'S ONE OF OUR ATTEMPTS TO FIND A WAY TO, TO CONSTRUCT THE TIME USING OUTSIDE MONEY.

BUT WE, WE DO NEED TO FOREGO THE, UH, THE NOTIFICATION PROCESS AND THE, TO DO IT NOW.

ANY QUESTIONS OR COMMENTS IS THAT LEGAL OR ARE WE, ARE WE OKAY IF WE DON'T DO THAT? IT'S JUST THE CITY'S PROCUREMENT POLICY.

SO WE AWAY.

OKAY.

IN THAT CASE, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 43, MOTION BY COUNCILMAN FLOORS, KALE SECOND, AND BY COUNCIL MEMBER.

TOBY IS THAT WE APPROVE AGENDA ITEM NUMBER 43.

IS THERE DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE, ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

YOU DID NOT NEED DIRECTION ON THAT ONE.

DID YOU, AS FAR AS THE PROCUREMENT, THAT WAS GOOD.

IT'S LIKE A WAVE.

YOU DON'T NEED US TO WAVE IN.

OKAY.

UM, UH, JEN ITEM NUMBER 44, THERE'S A COMPONENT THAT, UH, WE'LL NEED TO DO EXECUTIVE SESSION FIRST.

UH, BUT IF THERE ARE NO OBJECTIONS, I W I DON'T THINK THERE'S ANYONE HERE SPECIFICALLY FOR THAT ITEM.

I WOULD LIKE TO MOVE ON TO THE COUNCIL ITEMS IN THAT WAY, BECAUSE WE STILL HAVE EXACTLY WE COULD GO INTO EXEC AFTERWARDS.

ALL RIGHT,

[45. Discussion and possible direction regarding how to proceed with the replacement of Special Events Manager; to include discussion of hiring of a Special Event Consultant or Manager for City-Sponsored Events. ~ Yvonne Flores-Cale, Council Member]

NEXT UP, AGENDA ITEM, NUMBER 45 DISCUSSION AND POSSIBLE DIRECTION REGARDING HOW TO PROCEED WITH THE REPLACEMENT OF SPECIAL EVENTS MANAGER TO INCLUDE DISCUSSION OF HIRING A SPECIAL EVENT, CONSULTANT OR MANAGER FOR CITY SPONSOR, VITS COUNSELOR, OF COURSE, CAL THANK YOU.

SO COUNSEL RECEIVED AN EMAIL, UM, IN RESPONSE TO, UH, UH, AN EMPLOYEE STAFF THAT LEFT AND THEY WERE TALKING ABOUT HOW THEY'RE GOING TO FILL THAT VACANCY.

AND I THOUGHT, UM, I THINK IT WAS SUPPOSED TO BE LIKE A TEMP OR IT WAS GOING TO BE CONTRACTED OUT.

AND I, I DIDN'T LIKE THAT IDEA.

AND I WAS REALLY CURIOUS TO SEE WHAT COUNCIL THOUGHT AS FAR AS HIRING SOMEBODY.

[04:05:01]

AND IF IT DOESN'T NEED TO BE A FULL-TIME PERSON, MAYBE A FULL-TIME FULL-TIME PART-TIME PERSON, OR MAYBE ADDING TO THEIR JOB DESCRIPTION, I KNOW ECONOMIC DEVELOPMENT, UH, THAT, THAT BOARD DOES ECONOMIC DEVELOPMENT AND TOURISM.

SO CAN WE TAKE THE TOURISM AWAY AND, AND APPLY IT TO A NEW POSITION THAT'S GOING TO BE, UM, HOPEFULLY THAT WE HIRE.

UM, SO I JUST WANTED TO GET YOUR THOUGHTS AND YOUR IDEAS AS, AS TO HOW WE SHOULD PROCEED WITH HIRING THE NEXT EMPLOYEE FOR THE SPECIAL EVENTS MANAGER.

YOU'RE SAYING THAT THE STAFF'S CURRENT DIRECTION IS TO HIRE IT A CONTRACT CASE BY CASE HIRING PEOPLE.

YES.

UM, THAT WAS SMITHA SENT THE EMAIL I BELIEVE, OR DREW, OH, NO, GOODNESS.

THAT WAS A SOLID THERE.

NOW THERE'S A TIME WHEN I FELL INTO THE FIRE FIRE ALARM WENT OFF, UH, MAYOR COUNCIL, JERRY HENDRICKSON, CITY MANAGER HAS BEEN HERE A WHILE.

LOTS OF STORIES.

SO WHEN, WHEN A FORMER, ESPECIALLY VENTURE MANAGER LAUGH TO KIND OF CREATE IT, SOME, SOME OPPORTUNITIES, SOME, SOME, SOME ISSUES, AND SOME THINGS THAT WE HAD TO THINK ABOUT AND OUR STRATEGY WAS TO MOVE FORWARD AND HIRE A SEASONAL TO COME IN AND HELP US WITH PIE IN THE SKY, BECAUSE THERE'S A LOT OF LEGWORK ON THAT.

AND WE WANTED TO HAVE SOMEBODY THAT COULD JUST COME IN AND, AND HELP US TAKE CARE OF THAT WHILE WE EVALUATED WHAT WE WANTED TO DO WITH THE PERMANENT FULL-TIME POSITION.

DID WE WANT TO LOOK AT THE JOB DESCRIPTION AND LOOK AT WHERE THAT POSITION ANSWERS TO LOOK AT THE RESPONSIBILITIES AND BE ABLE TO TAKE OUR TIME AND MAKE SURE THAT WE GET THAT RIGHT MOVING FORWARD, BECAUSE HE'S DESTINATION AND, AND, UH, BIG EVENTS ARE IMPORTANT TO OUR BRANDING AND OUR GOLD STANDARD MOVING FORWARD FOR THOSE, BUT WE DIDN'T WANT TO LOSE THE OPPORTUNITY TO MAKE PIE IN THE SKY HAPPENED EITHER.

SO THAT WAS OUR, OUR GOAL BEHIND NOT HIRING A SEASONAL INDIVIDUAL TO COME IN AND HELP US WITH THAT.

OKAY.

I GUESS THAT WAS MY CONCERN IS IF WE'RE GOING TO TAKE THE TIME TO FIND A SEASONAL EMPLOYEE, I WOULD LIKE TO SEE THAT TIME SPENT ON HIRING SOMEBODY PERMANENT.

UM, CAUSE I THINK WHEN WE HAVE BIG AND I CORRECT ME IF I'M WRONG, I DON'T KNOW MARIANA, DO YOU GUYS DO A LOT OF THE WORK FOR PIE IN THE SKY? BECAUSE I, I, I DO KNOW THAT THE EVENT, ESPECIALLY EVENTS MANAGER DID, BUT TO MY RECOLLECTION, PARKS AND REC WAS ALSO REALLY INVOLVED IN IT.

SO MY QUESTION IS, CAN WE REALLY LIKE MAKE, DO AND, OR MAYBE HIRE SOMEBODY UNDERNEATH MARIANA FOR THE SPECIAL NEEDS? THAT'S ACTUALLY ONE OF THE OPTIONS THAT WE'RE GOING TO CONSIDER IS MOVING THAT PERMANENT FULL-TIME POSITION INTO PARKS NOW BARKS DOES HAVE THERE THERE'S EVENTS PERSON, BUT THOSE ARE MORE OF THE COMMUNITY EVENTS.

THE 4TH OF JULY, THE CHRISTMAS, EASTER HALLOWEEN, THOSE ARE MORE COMMUNITY EVENTS.

AND THAT'S WHAT THAT POSITION HAS BEEN FOCUSING ON.

ESPECIALLY EVENTS MANAGER DOES THE DESTINATION, REGIONAL EVENTS LIKE PIE IN THE SKY AND THE FUTURE TEXTS GRAPHIC.

AND SO THAT HAPPENED NEXT FRAME.

SO I KNOW 25 DAYS OF CHRISTMAS IS LITERALLY 25 DAYS JUST TO LIKE THE EVENT AND IT'S PRIOR AND IT'S AFTER.

AND I FEEL LIKE OUR PARKS DOES A REALLY GREAT JOB, SO I DON'T, AND I DON'T EVEN KNOW, I MAY BE TRYING TO THROW MARIANA UNDER THE BUS BY TRYING TO SUGGEST THAT THEY HELP.

I DON'T KNOW HOW SHE FEELS, BUT YEAH.

YEAH.

SO, SO BY, IN THE SKY, HAS THAT ALWAYS BEEN A ALL HANDS ON DECK, EVERY DEPARTMENT IN THE CITY, EVERY, EVERY INDIVIDUAL IS INVOLVED IN HELPING MAKE THAT HAPPEN.

AND PARKS IS A VERY BIG PART OF PART OF THAT.

SO IS PUBLIC WORKS, SO IT'S COMMUNICATIONS, ELISE POLICE.

SO I GUESS MY QUESTION IS, DO WE, DO WE TAKE TIME TO HIRE A S YOU KNOW, A SEASONAL PERSON, OR DO WE TASK A CURRENT STAFF UNTIL WE CAN GET SOMEBODY IN THERE? UM, I'M, UH, ON A MORE PERMANENT LEVEL.

SO WE HAVE THE SALARY SAVINGS FROM THE EVENTS MANAGER THAT WE'RE NOT PAYING RIGHT NOW THAT COULD PUT TOWARDS SOMEBODY THAT IS FAMILIAR WITH DO ANY OF THAT.

YOU KNOW, PARKS ALSO HAS COMING UP THERE THE 4TH OF JULY, WHICH IS HUGE AND TAKES A LOT OF BANDWIDTH FROM THEM.

AND THEN MOVING RIGHT OUT OF THAT, THEY START GETTING READY FOR THEIR FALL EVENTS.

PARTICULARLY THE HALLOWEEN IS A HUGE EVENT AND WE'RE ALREADY WORKING ON THE CHRISTMAS STUFF'S.

SO, SO HER TEAM HAS ALREADY, YOU KNOW, TASKED ABOUT AS MUCH AS THEY CAN, AND WE WANT TO MAKE SURE WE GET ALL OF THOSE RIGHTS.

[04:10:01]

SO THAT'S WHY I WOULD LIKE TO BRING IN THE EXTRA PERSON TO FILL IN THE GAP WHILE WE REALLY LOOK AT THE SPECIAL EVENTS POSITION AND HOW WE WANT TO FRAME THAT, REALIGN THE DUTIES, REALIGN, THE RESPONSIBILITIES, MAYBE THE PAY SCALE, THE REPORTING RESPONSIBILITIES, AND FIND OUT HOW WE CAN MAKE THE BEST USE OF THAT PERMANENT FULL-TIME POSITION MOVING FORWARD AND TAKE SOME TIME TO REALLY FRAME THAT AND BRING IT BACK TO YOU AS PART OF THE BUDGET PROCESS.

OKAY, GO AHEAD.

I'M JUST, I'M NOT A FAN OF SEASONAL AT ALL.

SO JUST REAL QUICK QUESTION, JERRY.

SO REALLY THE SPECIAL EVENTS COORDINATOR JUST TAKES CARE OF PIE IN THE SKY AND THE NEW, UH, SPRING EXTRAVAGANZA TRAVELING.

AND SO WE'RE DOING THAT'S IT? NOTHING ELSE? CORRECT.

UM, THE, THAT EVENT IN THE PAST HAS BEEN PART OF THE PIE BY CAPITOL, TEXAS BRAND NAME AS WELL.

THAT I THINK HE COULD HAVE A, DEVELOPMENT'S PRETTY MUCH TAKEN THAT OVER, BUT THAT'S PRETTY MUCH THEIR SOLE JOB.

IS THOSE TWO EVENTS, NOTHING ELSE.

EVERYTHING ELSE FALLS TO THE PARKS DEPARTMENT AND THE TEAM THAT MARIANNA HAS IN PLACE AT HER SPECIAL EVENTS COORDINATOR, CORRECT? CORRECT.

YEAH.

THE OTHER APPROACH WE COULD TAKE IS TO DO AN RFP FOR THE POSITION TO DO PIE IN THE SKY THIS YEAR.

AND IT TAKES A LITTLE BIT LONGER BECAUSE IT'S, UM, A LITTLE BIT MORE FLEXIBILITY MAYBE, BUT WE WANTED TO GO THE SEASONAL EMPLOYEE ROUTE CAUSE IT WAS QUICKER.

NO, I'M JUST, I'M JUST TRYING TO GRASP.

IF IT'S MORE ECONOMICAL FOR US TO HIRE SOMEONE FULL-TIME FOR TWO EVENTS, UH, THAT HAPPENED BOTH WHAT HAPPENS IN SPRING.

IT WASN'T HAPPENS EARLY FALL, UH, FOR THE REST OF THE YEAR.

WHAT ARE THEY DOING AS THEY'RE PLANNING FOR THE PLANNING FOR THOSE TWO EVENTS ARE YEAR ROUND PLANNING THINGS, AND THAT'S WHAT I NEEDED TO KNOW.

SO THANK YOU.

THANK YOU FOR THE INFORMATION.

WELL, I, SO I JUST WOULD SAY, I, I DON'T, IF THERE'S A STRATEGIC ADVANTAGE TO DOING IT SEASONALLY OR PART-TIME THAT STAFF THINKS THAT THEY CAN GET MORE, BETTER PRODUCT THAN THAT WOULD BE FINE, BUT AT THE SAME TIME IT'S BUDGETED.

IT'S SOMETHING THAT, YOU KNOW, WE, I THINK BECAUSE IT'S BUDGETED, IF WE CAN GET A FULL-TIME PERSON TO DO THAT, TRY TO LOSE AN EVENTS COORDINATOR.

ONCE SARAH LEFT, I'LL BE LIKE TO KEEP THAT POSITION GOING.

WE'RE NOT GOING TO LOSE THAT POSITION.

WE JUST WANT TO REEVALUATE IT, MAKE SURE THAT WHEN WE DO MOVE FORWARD WITH HIRING SOMEBODY, WE HAVE A PLAN, WE KNOW EXACTLY WHAT WE WANT AND WE DON'T HAVE TO RUSH INTO HIRING THAT PERSON BECAUSE WE HAVE ANYTHING COMING UP.

WE NEED THEM TO DO.

RIGHT.

I GUESS MY FEAR IS THE OPPOSITE OF RUSHING IN, AND IT'S KIND OF LIKE OUR PLANNING DIRECTOR, WHO WE'RE STILL WAITING ON AND YOU'RE KIND OF LIKE, WHOA, WE'RE WAITING FOR THE PERFECT PERSON.

AND I DON'T WANT TO SEE THAT EITHER.

UM, SO I, SO MY WHOLE THOUGHT IS IF YOU'RE GOING TO TAKE THE TIME TO INTERVIEW FOR THE SEASONAL, UM, SPECIAL EVENTS MANAGER, THEN WHY NOT? I MEAN, HOW MUCH, I GUESS, I GUESS I DON'T UNDERSTAND EXACTLY WHAT YOU GUYS STAFF NEEDS TO GET TOGETHER TO WITH THE SEASONAL EMPLOYEE.

WE'RE LOOKING FOR SOMEBODY SPECIFICALLY TO COME IN FOR A DESIGNATED PERIOD OF TIME AND HELP US MAKE IN THE SKY HAPPEN.

THAT'S ALL WE'RE LOOKING FOR FOR THE FULL-TIME POSITION.

WE WANT SOMEBODY THAT CAN NOT ONLY DO THAT, BUT BRING THE TEXT TRAFFIC ANS IN AND WHATEVER ELSE WE DECIDED THAT POSITION NEEDS TO DO.

BUT WE WANT TO TAKE TIME TO THINK ABOUT IT.

WE HAVE AN OPPORTUNITY TO DO THAT AND MAKE SURE WE GET IT RIGHT AND GET THE RIGHT INDIVIDUAL.

WELL, STAFF MAKES DECISIONS ON PERSONNEL.

COUNCIL MAKES DECISIONS ON FUNDING.

SO IF THE YEAR, IF STAFF HAD MAKING THE RECOMMENDATION THAT THAT'S THE PATH THAT THEY WANT TO GO, THEN, THEN THAT'S REALLY, UNLESS WE'RE GOING TO JUST START DICTATING VERY SPECIFICALLY, UH, HOW PEOPLE ARE HIRED INTO, INTO WHAT AND TO WHAT DEGREE, BUT IT IS AN FTE, WHICH IS TO COUNSELOR FORCE KALE'S POINT IT'S IN THE BUDGET.

IT'S, IT'S SET UP THAT WAY.

SO IF YOU'RE SAYING THAT THE PLAN FOR FULFILLING THAT, THAT YOU THINK IS BEST IS THE PLAN THAT YOU'RE ON.

I DON'T, I DON'T HAVE THE EXPERTISE TO TELL YOU WHICH WAY IS RIGHT.

WE'RE NOT GOING TO LOSE THE FT.

WE JUST WANT TO MAKE SURE WE GET THE BEST BANG FOR THE BUCK OUT OF THAT FTE.

OKAY.

I JUST, AGAIN, I DON'T WANT IT TO SEEM LIKE ANOTHER, UH, PLANNING DIRECTOR WHERE IT'S BEEN SEVERAL MONTHS AND ALMOST A YEAR AND WE DON'T HAVE A REPLACEMENT.

AND IT'S, I, AGAIN, I DON'T KNOW WHAT IT IS THAT YOU GUYS NEED TO DRAFT AS FAR AS FIGURING OUT WHAT IT IS YOU WANT THAT POSITION TO LOOK LIKE OR HOW LONG THAT WILL TAKE.

BUT, UM, LIKE MATURE MAYOR, MITCHELL SAID YOU IT'S A STAFF AND YOU GUYS CAN DECIDE.

I JUST KIND OF HOPING TO GET COUNCIL'S INPUT ON WHAT THEY WOULD LIKE TO SEE AS FAR AS, UH, THE REPLACEMENT, UM, OR MAYBE EVEN A TIMEFRAME TO MAKE SURE THAT WE'RE NOT IN THE SAME PREDICAMENT THIS TIME NEXT YEAR.

OKAY.

THANK YOU, JERRY.

ALRIGHT, NEXT UP,

[46. Discussion and possible direction on revision and amendment of the Code of Ordinances to establish that private roads will fall under the same fire apparatus lane rules as public roads within the City of Kyle. ~ Daniela Parsley, Council Member]

UH, AGENDA ITEM NUMBER 46 DISCUSSION OF POSSIBLE DIRECTION ON REVISION AND AMENDMENT OF THE CODE OF ORDINANCES TO ESTABLISH THAT PRIVATE ROADS WILL FALL UNDER THE SAME FIRE APPARATUS LANE RULES AS PUBLIC ROADS WITHIN THE CITY OF KYLE CUSTOMER PARTS OF ALL RIGHT.

BEAR WITH ME TO SEE IF I'M DOING

[04:15:01]

THIS RIGHT.

UM, SO I'M BRINGING THIS UP BECAUSE THE RESIDENTS FROM THE PENINSULA ARE HAVING A LOT OF ISSUES WITH THE PARKING, UM, AND THE TOW AWAY ZONES.

SO WHAT WE HAVE RIGHT NOW IS WE HAVE THE FIRE LANE AND THEN THERE IS NO PARKING ALLOWED IN ANY OF THE ROADS.

UM, REASON FOR THAT BEING IS BECAUSE THE DISTANCE BETWEEN, YOU KNOW, INDUSTRY IS LESS THAN THE MINIMUM REQUIREMENT, WHICH IS A 24 FEET.

UM, I BELIEVE WE HAVE 22.

SO BASICALLY IF A CAR IS PARKED IN THERE, FIRE TRUCK CANNOT GO THROUGH.

SO WHEN THEY ARE CALLING TO GET THE VEHICLES STILL, THEY DON'T KNOW WHO TO CALL OR THEY'RE GETTING BOUNCED AROUND.

WHO'S GOING TO TOW THE VEHICLE ON THE PRIVATE ROADS BECAUSE THERE ARE PRIVATE ROADS, RIGHT? SO I TRIED TO TALK TO, I MENTIONED IT TO SCOTT AND TO CHIEF BURNETT, AND THEY SAID, IT'S COMMON PRACTICE TO INCLUDE THE PUBLIC AND PRIVATE ROADS INTO THE ORDINANCE FOR TOW AWAY ZONES.

I JUST WOULD LIKE TO SEE IF THERE IS SOME SORT OF DIRECTION WE CAN TAKE THAT PRIVATE ROWS ARE ADDED TO THIS I'VE MISSED.

I DON'T KNOW IF EVERY PRIVATE ROAD, BUT THIS ROAD IN PARTICULAR.

UM, SO WE CAN AVOID THIS ISSUE BECAUSE WE HAVE HAD AN ISSUE IN THE PAST.

ONE OF MY NEIGHBORS HAD TO CALL AN AMBULANCE AND THEY HAD TO TAKE DIFFERENT ROUTES IN ORDER TO GET TO HIS HOUSE.

I REMEMBER WE HAD A HOUSE BURNING.

I NOW I'M A YEAR AGO.

I REMEMBER WHEN THE PLAT FOR THE PENINSULA WAS BROUGHT FORWARD.

UH, THAT THOSE EXACT COMMENTS WERE BROUGHT UP ABOUT FIRE TRUCKS BECAUSE OF THE CONFIGURATION AND BECAUSE IT WAS GOING TO BE A PRIVATE ROAD.

SO YOUR EXAMPLE IS VERY GOOD.

THE EXAMPLE I HAVE IS BEHIND, UH, THE GAS STATION IN FRONT OF EVO, THE SLOT WITH A SLASH KEYS, RIGHT THERE, THERE'S THAT PRIVATE ROAD WITH ALL THE, WHICH I'VE BEEN TOLD THEY'RE GOING TO FIX IT, BUT THE TRUCKS PARKED THERE, EVEN THOUGH IT'S LISTED AS NO PARKING.

UH, AND, UH, WE'VE BEEN TOLD THERE'S NOTHING WE CAN DO BECAUSE IT'S A PRIVATE ROAD.

AND SO WE DON'T HAVE ENFORCEMENT.

SO IF I MAY, THAT'S MY PIGGYBACK QUESTION IS, IS WHAT YOU'RE PROPOSING.

WOULD THAT ALSO GIVE US THE ABILITY TO GO IN TO A PLACE LIKE THAT AND SAY YOU CAN'T PARK THERE.

SO I THINK IT'S A GOOD PROPOSAL.

YEAH.

SO WHAT WE'LL HAVE TO TH THAT SECTION THAT, THAT THE COUNCIL MEMBERS LOOKING AT HAS A LOT OF PARKING PROVISIONS IN IT.

AND THERE'S A GENERAL PROVISION ABOUT ENFORCING NO PARKING ZONES WHERE THEY'RE POSTED ON PUBLIC ROADS, BUT THEN THERE ARE SPECIFIC SECTIONS TO DEAL WITH THE FIRE CODE AND FIRE LANES.

SO THOSE CAN BE ENFORCED ON PRIVATE PROPERTY IF PROPERLY DRAFTED.

SO IF WE'RE LOOKING AT HAVING A PROVISION FOR DESIGNATING, A FIRE LANE AND A TOW AWAY ZONE ON PRIVATE PROPERTY, THERE'S A WAY TO ACHIEVE THAT THROUGH THE INTERNATIONAL BUILDING CODES.

SO IF WE WANTED TO TAKE THE ROAD BEHIND THE SLOT SKIS AND DESIGNATE THAT A NO PARKING FIRE LANE ON ONE STRIP WHERE IT'S CURRENTLY POSTED FOR NO PARKING, BUT NOT ADHERED TO IS WHAT IS WHAT CUSTOMER PARSLEY'S PROPOSING THOSE REVISIONS, WOULD THAT ALLOW FOR US TO MAKE THAT MOVE? YES.

YEAH.

IF WE CAN ACHIEVE WHAT SHE'S TRYING TO ACHIEVE WITH USING THE BUILDING, USING THE INDIA INTERNATIONAL FIRE CODE AND DESIGNATING FIRE, DOES ANYBODY HAVE COMMENTS? I THINK IT'S A GREAT PROPOSAL, FRANKLY.

I THINK THAT'D BE GREAT.

YEAH.

ESPECIALLY IN THAT AREA, I'VE SEEN A LOT OF CARS PARKED THERE IN 18 WHEELERS.

I KNOW EXACTLY WHAT Y'ALL TALKED ABOUT, SO YEAH, JUST MAKE IT ACROSS THE BOARD, PUBLIC AND PRIVATE AND JUST FOLLOW THAT IN NATIONAL PLAN.

AND I GUESS I LIKE IT TOO.

I'VE GOT A QUESTION AS WELL, UH, WITH OTHER ENTITIES, OTHER PROPERTY OWNERS, WHEN THEY'VE GOT PRIVATE ROADS SAY, THEY'RE THE ONLY ONE ON THAT STREET.

WHAT AM THE CITY OF SIDES THEY WANT TO MESS WITH HIS PROPERTY OWNER? THEY'RE GOING TO GO PUT SOMETHING ON THE SIDE OF HIS, WHAT PROTECTIONS DOES HE HAVE? WELL, THE, THE FIRE, WELL, I GUESS IT DEPENDS ON IF THERE'S NO FIRE CODE OFFICIAL HAS TO MAKE A DESIGNATION THAT IT'S A FIRE LANE.

IT CAN BE ENFORCED THROUGH THE INTERNATIONAL FIRE CODE.

AND SO THERE SHOULD BE SOME, UM, PARAMETERS FOR WHAT MAKES SENSE FOR THAT TO BE ESTABLISHED.

SO, UM, YOU, YOU, YOU SHOULD HAVE STAFF THAT CAN ASSIST WITH DETERMINING WHEN THAT'S APPROPRIATE.

OKAY.

THAT THE, MY ONLY CONCERN IS, YOU KNOW, I'M NOT SAYING WE ARE AS A CITY, BUT WE IMPLEMENT THIS.

AND ALL OF A SUDDEN, YOU KNOW, THERE'S SOMEBODY, WE, SOME CITY OFFICIAL TARGETS THIS PERSON ON HIS PRIVATE ROAD.

AND BECAUSE OF SOMETHING THEY DON'T LIKE ABOUT THEM OR SOMETHING, YOU KNOW, THE WAY HE EXITS OUT OR SOMETHING COMPLAINTS, MAKING SURE WE'RE NOT USING THIS AS A TOOL TO TARGET SOMEBODY.

THAT'S THE ONLY THING I'M WORRIED ABOUT.

BUT THIS IS SAYING IF I MAY INTERRUPT, IT IS JUST FOR FIRE LANE AND NO PARKING ZONES.

SO IF THE ROAD IS, I DUNNO, 36

[04:20:01]

INCHES AND A VEHICLE CAN PARK IN THERE AND THERE'S ENOUGH ROOM FOR A FIRE TRUCK TO GO NOT GOOD.

AND I'M GOOD WITH THAT.

AND PLUM CREEK, CAUSE I'VE ALWAYS BEEN REALLY AGAINST THE NARROW ROADS IN PLUM CREEK.

SOMETHING THAT I'VE ALWAYS BEEN AGAINST, BUT I'VE MADE IT VOCAL, BUT I'M TALKING ABOUT, I HATE THOSE BIG WIDE FREE RATES AND ALL THE OTHER SUBDIVISIONS THAT ARE OUT THERE, THEY ALSO HAVE A PRIVATE ROAD AND MAYBE IT'S TWO HOUSES THERE.

AND ALL OF A SUDDEN WE'RE PUTTING A, YOU KNOW, A FIRE LANE ON THEM.

UH, AND IT'S NOT WARRANTED THERE.

I'M MAKING SURE THAT THAT'S WHAT WE'RE NOT DOING.

IT'S ONLY WHERE IT'S WARRANTED.

LIKE WHAT'S GOING ON WITH YOUR NEIGHBORHOOD, WHERE FIRST RESPONDERS CAME, YOU KNOW, GET TO A HOME.

UM, I'M GOOD WITH THAT.

I'M THINKING ABOUT THE OTHER INDIVIDUALS THAT HAVE PRIVATE ROADS AS WELL, THAT THE C'S NOT IMPLEMENTING SOMETHING ON THEM.

WELL, THE INTERNATIONAL FIRE CODE, WE ADOPTED IT, I THINK BACK 20 16, 20, IT WAS EARLY ON.

AND THERE WAS TONS OF CONVERSATIONS ABOUT LANE WIDTH.

SO THERE IS A STANDARD FOR PUBLIC STREETS FOR THE INTERNATIONAL FIRE CODE.

UH, SIR, I THINK IT'S LIKE 21 FEET OR THERE'S SOME NUMBER OF FEET, UH, WHERE IF THE STREET IS THAT NARROW, YOU CAN HAVE PARKING ON NO SIDES, NO ON-STREET PARKING.

AND THEN YOU WIDEN IT TO A CERTAIN THAT IT'S ONE SIDED.

AND WE WENT THROUGH THAT WITH THE CHIEF AND THE MARSHALL VERY CAREFULLY.

AND THE STANDARDS THAT WERE SET WERE DIFFERENT THAN PLUM CREEK.

SO IT, BUT THEN THEY STARTED COMING BACK AND LIKE APPLYING, YOU KNOW, UH, NO PARKING IN DIFFERENT PLACES AND IT CAN CAUSE UPROARS THERE.

BUT SO LIKE, SO THE, THE STRIP BEHIND THE SLOSH KEYS THAT I'M TALKING ABOUT, WHERE EVERYBODY KNOWS WHAT I'M TALKING ABOUT BACK THERE, RIGHT.

SO IT'S MARKED AS NO, NO PARKING, BUT IT'S NOT THE CITY WHO MADE IT NO PARKING, I'M ASSUMING IT WAS JUST THE DEVELOPER WHO PUT UP SIGNS.

RIGHT.

SO I, MY QUESTION IS, SO IF WE WERE TO GO THROUGH AND SAY, ALL RIGHT, WE WANT TO HAVE AN ENFORCEMENT MECHANISM ON THAT NOTE PARKING SO THAT AN OFFICER CAN GO OUT AND SITE, IF SOMEBODY IS, IS, IS PARKING WHERE THEY SHOULDN'T, UM, WOULD WE HAVE TO USE THE FAR MARSHALL IN ORDER TO, TO REESTABLISH THAT ON THAT PARTICULAR SITE? UH, SO THAT WAS MY NEXT QUESTION, BECAUSE IT SAYS IN HERE ANY PERSON DESIGNATED BY THE CD MAY AUTHORIZE A REMOVAL OF A VEHICLE PARKED IN A NO PARKING ZONE OR A FIRE LANE.

RIGHT.

BUT I GUESS I'M SAYING JUST BECAUSE THE DEVELOPER CALLS IT A NO PARKING ZONE NOW, DOES THAT MEAN THAT WE CAN GO IN AND ENFORCE IT BY ADOPTING CERTAIN STANDARDS? OR DO WE ACTUALLY HAVE TO GO IN AND SORT OF RE DESIGNATE IT AS A FIRE LANE WITH NO PARKING BEFORE WE CAN ESTABLISH THAT STANDARD? SO WHAT WE'VE DONE IS I BELIEVE IN THIS SCENARIO, THERE MIGHT BE A FIRE HYDRANT.

SO THERE ARE CERTAIN AREAS WHERE IT JUST HAS TO BE STRIPED FOR THE FIRE CODE.

UH, BUT EVERY CITY OR EVERY CITY STREET THAT FITS THOSE WIDTHS 24, I THINK 24, 28, 32 FEET.

UH, WE HAVE WORKED WITH THE FIRE DISTRICT TO SIGN EACH OF THOSE ROADS WHERE PARKING IS PROHIBITED.

WE DO HAVE SOME ROAD SARAH'S STILL THAT NARROW, BUT WHERE WE DO NOT HAVE THOSE SIGNS UP AND WE DON'T ENFORCE THE FIRE CODE THERE.

OKAY.

WELL, IT MIGHT BE GOOD TO HAVE RESEARCH DONE AS YOU'RE DRAFTING THIS AND YOU CAN USE THE, UM, THE PENINSULA AND THE, UM, THE MINE SLOTS, KEYS AS EXAMPLES TO GIVE US, YOU KNOW, DIFFERENT IDEAS OF WHAT WE CAN AND CAN'T DO.

IF THAT WORKS FOR EVERYONE, HOW WOULD THAT AFFECT, UH, LIKE SAY YOU GO TO WALMART AND THERE'S A RED, LIKE A RED FIRE LANE THAT'S PRIVATE, PROPERLY TECHNICALLY, BUT CAN THE CITY ENFORCE SET THERE TOO AS WELL? YEAH.

WE, WE ENFORCE THAT WHEN WE'RE ASKED TO ENFORCE US.

SO ANYTHING IN FRONT OF WALMART, FOR EXAMPLE, WHERE EVERYTHING IS STRIPED, WE WILL ON THEIR REQUESTS, BUT IT'S ALL PRIVATE.

THAT'S WHAT SHE SAID.

I REMEMBER THE CONVERSATION WE HAD THAT CONVERSATION ABOUT.

THERE'S A STOP SIGN BACK THERE THAT PEOPLE RUN ALL THE TIME.

AND THEN IT WAS DETERMINED THAT WE CAN'T SITE BECAUSE IT'S TECHNICALLY NOT A OR ORDAINED STOP SIGN.

WELL, YEAH.

AND THEN IF THERE'S AN ACCIDENT NOW, DOES THAT GO TO CAUSE OUR POLICE OFFICERS TO BE, CAUSE I KNOW RIGHT NOW, IF THERE'S AN ACCIDENT ON PRIVATE PROPERTY, AM I CORRECT IN SAYING THAT YOU GUYS DON'T GET INVOLVED? YOU TAKE A REPORT, BUT YOU DON'T SHOW UP, CORRECT.

IT'S A PRIVATE PROPERTY ACCIDENT AND THERE'S NO FATALITY RELATED TO THAT ACCIDENT.

WE'RE NOT GOING TO BE DOING A REPORT BECAUSE THE FACT THAT, UM, SO I'LL TRY TO COVER IT ALL.

I THINK I CAN ANSWER SEVERAL OF THOSE QUESTIONS IN ONE.

SO JEFF BARNETT, CHIEF OF POLICE FOR THE RECORD, UM, THE FIRE LANE ISSUE IS ONE AND WE ALREADY HAVE ADOPTED THE INTERNATIONAL FIRE CODE.

THE WAY THOSE RULES ARE WRITTEN IS AT THE FIRE.

MARSHALL IS THE ONLY ONE WITH THE AUTHORITY TO ENFORCE THAT ON PRIVATELY OWNED ROADWAYS.

SO WE'RE ASKING FOR THE ORDINANCE TO EXPAND THAT AUTHORITY BASICALLY TO THE LAW ENFORCEMENT, TO

[04:25:01]

THE COUNTY POLICE DEPARTMENT SO THAT WE CAN ENFORCE THE FIRE LANE, NOT THE NO PARKING CAUSE I'M GONNA ADDRESS THAT SEPARATELY.

THE FIRE LANE ISSUE ON PRIVATELY OWNED AND MAINTAINED ROADWAYS.

THAT WAY.

IN ADDITION TO THE FIRE MARSHAL, YOU CAN CALL THE LOCAL POLICE AND WE CAN HELP DEAL WITH THAT BECAUSE THAT'S ALL A SAFETY ISSUE AND IT HAS TO DO WITH THE FIRE ACCESS, FIRE AND EMS ACCESS TO TWO PROPERTIES REGARDING SPECIFICALLY THE AREA BEHIND SLOT SKIS.

I PERSONALLY KNOW ABOUT THAT ONE, CAUSE I WAS INVOLVED IN THAT ONE THAT IS ABSOLUTELY A DEVELOPER PLACED NO PARKING SIGN.

AND IT WAS ACTUALLY AT OUR REQUEST AND IT WAS FOR THE MOST PART BECAUSE OF THE TRASH AND DEBRIS THAT WAS COMING FROM THE MOTORISTS, THE 18 WHEELER DRIVERS THAT WOULD PARK BACK THERE AND THEN THEY WOULD TRASH.

THEY WOULD THROW ALL THEIR TRASH OUT.

SO IN AN EFFORT TO COMBAT THE TRASH AND DEBRIS, WE DECIDED TO WORK WITH THE PROPERTY OWNER AND THEY SAID, WELL, WE DON'T WANT THE TRUCKS PARKED IN THERE ANYWAY.

SO WE W WE, THE PROPERTY OWNER WILL PUT UP NO PARKING SIGNS.

THEY'RE NOT ENFORCEABLE BY LAW ENFORCEMENT FROM A CITATION OR A TOWING CIRCUMSTANCE.

UM, WHAT WE DO HAVE IS THE PROPERTY OWNER'S PERMISSION TO KNOCK ON THESE DOORS OF THESE 18 WHEELERS ARE TO CONTACT THEM BY TELEPHONE.

IF THEY'RE ABANDONED FOR THAT FOR THE MOMENT AND TELL THEM THEIR OWN PRIVATE PROPERTY, COME MOVE YOUR 18 WHEELER AT THE REQUEST OF THE PROPERTY OWNER.

AND WE HAVE THAT IN WRITING.

WE HAVE LIKE A LETTER BACKING US UP FOR THAT.

UM, I DON'T THINK WE WILL BE ABLE TO ENFORCE ANY, NO PARKING ON PRIVATE PROPERTY THAT IS NOT RE NOT RELATED TO A FIRE LANE.

SO THE BASIS FOR US TO ENFORCE ANYTHING ON PRIVATE PROPERTY, INCLUDING WALMART FIRE LANES IS BECAUSE IT IS A FIRE LANE.

AND WE AS A CITY, HAVE THE AUTHORITY TO ADOPT THAT FIRE CODE AND THEN ISSUE AUTHORITY TO ISSUE CITATIONS AND KEEP THAT FREE AND CLEAR BECAUSE IT'S A FIRE LANE AND IT'S A SAFETY ISSUE.

SO EVERYTHING THAT WE'RE TALKING ABOUT TO GIVE CO PD ENFORCEMENT RELATES TO THE FIRE LANE ISSUE THAT THE ACCESS, THE NO PARKING ON PRIVATE PROPERTY, I DON'T THINK WE CAN EVER GET THERE.

I DON'T THINK WE CAN INSTALL OR MANDATE OR ALL OF A SUDDEN CREATE NO PARKING ON SOMEONE ELSE'S PRIVATE PROPERTY AND THEN ASK THE POLICE DEPARTMENT TO GO AND ISSUE CITATIONS OR TOW VEHICLES FOR THAT.

I'M GOING TO DEFER THAT TO THE ATTORNEY, BUT I DON'T THINK THERE'S ANY WAY TO GET THERE.

THE FIRE LANE WE CAN BECAUSE IT'S A SAFETY ISSUE OF GETTING TO, AND FROM A SCENE WITH FIRE VEHICLES, IF THAT HELPS.

BUT I, I KNOW THAT I ASK IS FOR US TO RESEARCH IT AND BRING YOU BACK ALL THE RIGHT ANSWERS.

BUT THAT'S KIND OF WHAT I KNOW AT THIS POINT.

WELL, IS THERE A, IS THERE NOT A WAY FOR US TO ESTABLISH A FIRE LANE BEHIND SLASH PIECE IF IT'S, I GUESS THE ROADS TO WIDE? YEAH, IT DOES NOT MEET NO, ABSOLUTELY.

THERE IS A WAY TO ESTABLISH A FIRE LANE BECAUSE YOU NEED ACCESS TO THE PROPERTIES TO WHICH THAT LANE GOES THROUGH, LIKE THE MOVIE THEATER OR WHATNOT.

SO ABSOLUTELY THERE ARE WAYS TO ESTABLISH A FIRE LANE, JUST NOT A SIMPLE, NO PARKING WITHOUT A FIRE LANE.

RIGHT? YEAH.

SO ABSOLUTELY.

I WOULD, I WOULD LIKE TO THE, TO LOOK AND SEE IF WE COULD ESTABLISH A FIRE LINK BACK THERE SO THAT WE WOULD HAVE THAT IMPRESSION.

I'VE BEEN INTIMATELY INVOLVED WITH THAT WHEN SOME DAY ONE AND WE'VE BEEN TRYING TO RIGHT.

BUT WHAT YOU'RE SAYING IN YOUR LETTER AND YOUR KNOCK ON THE DOOR THING, I DON'T HAVE, Y'ALL DONE THAT.

YES, ACTUALLY, WE, I DID IT A COUPLE WEEKS AGO.

THE OTHER AREA WE HAVE ANOTHER PLACE WE DO EXACTLY THE SAME THING FOR THE, EXACTLY THE SAME REASON IS BEHIND THE BURGER KING ON THE FAR NORTH END OF THE COMMUNITY, THAT ROADWAY THAT GOES ALONG BESIDE BURGER KING AND AROUND THE BACK.

AND IT COMES OUT ON, UH, CROSSING, UH, ABOUT HOME DEPOT.

EXACTLY THE SAME THING.

THERE'S NO PARKING SIGNS PLACED THERE BY THE PROPERTY OWNER WHO OWNS THAT PRIVATE ROADWAY.

JUST THIS PAST WEEK.

I SPENT TIME OUT THERE KNOCKING ON 18 WHEELER DOORS, CALLING TRUCKING COMPANIES, TELLING THEM YOU NEED TO COME MOVE YOUR TRUCKS OFF THIS JOB.

WOULDN'T IT BE EASIER TO JUST BE ABLE TO SLIDE A CITATION RIGHT IN THAT WINDOW? IT WOULD.

AND IF IT'S A FIRE LANE, I THINK WE CAN GET THERE WITH, THROUGH THE ORDINANCE THAT WE'RE TALKING ABOUT.

I DON'T THINK WE CAN ENFORCE JUST A SIMPLE, NO PARKING BECAUSE WE DON'T WANT TO PARKING THERE, BUT IF IT RELATES TO A FIRE LANE AND AN ACCESS ROAD FOR FIRE VEHICLES, WE CAN GET THERE, I THINK.

ALL RIGHT.

WELL, I DON'T WANT TO SAY ANYTHING MORE THAN TALKING.

YES, SIR.

UH, ANY OTHER COMMENTS ON, UH, GOOD PROPOSAL? SO, UH, DO WE TAKE A VOTE ON THIS OR JUST, I WAS GOING TO MAKE A MOTION.

OKAY.

YOU WANT ME TO, UH, MAKE A MOTION TO DIRECT STAFF, TO DEVELOP AN ORDINANCE CONSISTENT WITH THE POLICY PRESENTED BY COUNCIL MEMBER PARSLEY AND TO, UH, RESEARCH, UH, WHAT LATITUDE WE MAY HAVE IN ESTABLISHING FIRE LANES AS IT RELATES TO PRIVATE PROPERTY? UH, CAN YOU GIVE THAT TO ME? BUT MOST OF MY MAYOR SECONDED BY COUNCILOR PARSLEY AS THEIR DIRECTION.

UH, UH, IS THERE DISCUSSION ON THAT MOTION ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

WELL DONE.

GOOD JOB.

ALL RIGHT.

UH, NEXT UP JEN

[47. Discussion and possible direction regarding getting translation services for the COK website/ app. ~ Daniela Parsley, Council Member]

ITEM 47 DISCUSSION OF POSSIBLE DIRECTION REGARDING, UH, GETTING TRANSLATION SERVICES FOR THE CITY OF CAR WEBSITE SLASH APP CUSTOMER PARCEL.

THANK YOU.

UM, SO THIS ITEM KIND OF RESOLVED ITSELF.

UM, I WAS TALKING TO HIM, UM, SAMANTHA WAS HELPING ME OUT TO TRY TO FIGURE IT OUT.

UM, I USE THE ECONOMIC DEVELOPMENT WEBSITE TO, YOU KNOW, TO CHECK THE DEMOGRAPHICS FOR KYLE.

AND THERE IS A LARGER POPULATION

[04:30:01]

OF HISPANIC SPEAKER, HISPANIC RESIDENTS.

UM, AND I NOTICED THAT OUR WEBSITE DOESN'T HAVE ANY TRANSLATION FOR THE 27% THAT DON'T SPEAK ANY ENGLISH.

SO, UM, I SEE IT AS AN ISSUE, KNOW WHEN WE ARE GOING TO HAVE RAPPORT, A POTHOLE OR STREET LIGHTS, OR EVEN REVIEW THE AGENDA, STUFF LIKE THAT.

SO I WOULD LIKE TO GET, YOU KNOW, I REALLY DON'T KNOW HOW TO GO ABOUT IT, BUT I WOULD LIKE TO SEE THE WEBSITE BEING TRANSLATED.

I DON'T KNOW IF THERE IS A POSSIBILITY TO BUDGET FOR THAT.

AND SAMANTHA REALIZE THAT THERE IS AN OPTION THAT HAS NO COST.

UM, IT'S NOT PERFECT SPANISH.

UM, BUT I THINK WE COULD GET AWAY WITH IT.

SO I DON'T KNOW IF THERE IS A WAY FOR US TO IMPLEMENT A BUTTON TO MOVE FROM ENGLISH TO SPANISH ON THE WEBSITE.

IS THAT SOMETHING THAT WE COULD DO? I MEAN, I'M HERE BY COMMENT.

UH, I'M GLAD YOU'RE BRINGING THIS FORWARD.

UH, ONE OF THE THINGS WE SAW EARLY ON IN THE PANDEMIC IS THAT A LOT OF THE LITERATURE THAT WE WERE GETTING OUT OF THE CITY WAS COMING OUT JUST IN ENGLISH.

AND WE HAD THAT POPULATION THAT DIDN'T UNDERSTAND WHAT WE'RE PUTTING OUT.

SO WE, AS THREE WENT BACK AND REVISITED, SAMANTHA WORK WORKED WITH US.

COUNSELORS WILL BE US, EVERYBODY WAS ON THIS TEAM AND WERE ABLE TO TRANSLATE, UH, THIS, UH, COUNSEL WERE AVAILABLE AT THE TIME AS WELL.

UH, SO THAT WE DON'T FORGET ANYBODY.

BUT ANYWAY, WE ALL WORKED ON BRINGING OUT A LOT OF LITERATURE IN SPANISH AS WELL, BECAUSE WE DO HAVE THAT POPULATION HERE THAT'S, UH, UNDERSERVED.

SO, UH, I'M GLAD YOU BROUGHT THIS FORWARD AND I LOOK FORWARD TO OPTIONS THAT WE COULD ACTUALLY USE TO RECTIFY THIS PLACE.

SO YOU SAY THAT THERE'S A FREE OPTION.

YES, SAMANTHA.

I WAS THINKING THIS HAS GOT ALWAYS, SO I KNOW AMENDMENT OF THE BUDGET, SO YEAH, SAMANTHA AND RESEARCH DIRECTOR OF COMMUNICATION.

SO YES, I GET TO DELIVER THE GOOD NEWS WHEN YOU BROUGHT THIS FORWARD, WE LOOKED INTO IT AND I DON'T WANT TO TAKE FULL CREDIT.

MATT DAWSON, I T DIRECTOR WAS VERY MUCH INVOLVED IN, IN LOOKING INTO A SOLUTION.

AND WHAT WE FOUND IS THAT OUR WEBSITE PROVIDER DOES HAVE A WIDGET THAT WOULD ALLOW US TO THE USER TO COME TO THE SITE, CLICK A BUTTON, AND IT TRANSLATES THE PAGE.

UH, NOT ONLY DOES IT TRANSLATE THE PAGE, IT ACTUALLY FOLLOWS THAT USER THROUGHOUT THE, UH, THE PAGE.

SO IF THEY GO TO THE MEETINGS PAGE, THEY CLICK ON THE AGENDA WHEN THE AGENDA OPENS IS ALSO IN SPANISH.

SO IT'S A REALLY GREAT USER INTERFACE.

UM, I THINK IT, IT, IT, ISN'T PERFECT LIKE YOU MENTIONED.

UM, BUT IT IS AVAILABLE.

IT CAN BE DEPLOYED WITHIN ONE BUSINESS DAY, UH, REALLY WITH YOUR DIRECTION, WE CAN MAKE THIS HAPPEN AND IT COULD BE LIVE BY THE END OF THE WEEK.

UH, WE LOOKED INTO OTHER CITIES AND IT'S ACTUALLY VERY SURPRISING, EVEN BIG CITIES IN TEXAS DON'T HAVE THIS, UH, AND THE ONES THAT DO UTILIZE THE SAME TECHNOLOGY THAT WE WOULD BE UTILIZING.

SO LEADING EDGE QUICK AND ALSO FREE.

YEAH, I THOUGHT WE SORT OF LED THE WAY IN THE PANDEMIC ONCE WE SORT OF REALIZED WHAT WE NEEDED TO FOCUS ON BECAUSE WE, WE DID A PRETTY GOOD JOB WITH OUR TRANSLATION SERVICES DURING THAT ONCE WE GOT GOING.

SO THAT WAS LIKE YOU SAID, A LOT OF COUNCIL INPUT AS WELL, BUT YEAH.

COMMUNICATIONS DEPARTMENT, UH, TAKING THAT DIRECTION.

SO CASSEROLES, UM, I'M PROBABLY GOING TO BRING THE CONVERSATION DOWN.

I THINK IT'S JUST GOOD TO MOVE ON.

I THINK WE GOT A SOLID SOLUTION, BUT I THINK WE SHOULD ALWAYS LOOK TO NOT JUST GET BY ON THAT, BECAUSE ACTUALLY THIS ISN'T THE FIRST TIME THAT THIS HAS BEEN BROUGHT UP.

SO, UM, I CERTAINLY APPRECIATE THE RESEARCH AND DOING THIS.

UM, AND IT CERTAINLY IS AN OPTION, UH, USED BY A NUMBER OF DIFFERENT CITIES.

SO THANK YOU, COUNCIL MEMBER PARKS, THEY FOR BRINGING THIS BACK UP, UH, DO YOU NEED DIRECTION TO TRY TO ESTABLISH THAT? OR YOU WANT TO JUST GET, WE CAN JUST MAKE IT HAPPEN, BUT IF YOU WANT TO MAKE DIRECTIONS WELL, BUT IT'S BECAUSE IT'S A, WE'D LOVE TO SEE, I THINK WHAT IT PRODUCES.

SO UNLESS THERE ARE OBJECTIONS I SAY, GO FOR IT AND TRY TO PRODUCE THAT, THAT FIRST ONE.

AND THEN, THEN WE CAN GO FROM THERE AND TO COUNCIL MINUTE ELLISON'S POINT, I THINK THERE'S ALWAYS ROOM FOR IMPROVEMENT.

UM, THIS ISN'T GOING TO FIX WHEN THERE'S PRINT.

SO, YOU KNOW, US ALWAYS HAVING AN EYE AND COMMITMENT ON TRANSLATION.

NO THAT THE COMMUNICATIONS TEAM HEARS YOU.

AND WE DO WANT TO, WE STRIVE TO REACH ALL OF OUR RESIDENTS AND ALL THAT WE DO.

OKAY.

ANYTHING ELSE? ALL RIGHT.

NEXT UP AGENDA ITEM,

[48. Discussion and possible direction to direct staff to create a TIRZ policy to provide uniformity, consistency and compliance with all state and federal laws regarding this particular Tax Increment Financing tool. ~ Dex Ellison, Council Member]

NUMBER 48 DISCUSSION AND POSSIBLE DIRECTION TO DIRECT STAFF, TO CREATE A TOURIST POLICY, TO PROVIDE UNIFORMITY, CONSISTENCY, AND COMPLIANCE WITH ALL STATE AND FEDERAL LAWS REGARDING THIS PARTICULAR TAX INCREMENT FINANCING TOOL, CUSTOMER ELSA UM, WOULD THERE BE ANY OBJECTION

[49. Discussion and possible direction of dates & times for a TIRZ workshop. ~ Yvonne Flores-Cale, Council Member]

TO BRINGING IT FORWARD AGENDA

[04:35:01]

ITEMS 48 AND 49? NO, THEY'RE SIMILAR.

SO WE'LL BRING UP ITEM 49

[49. Discussion and possible direction of dates & times for a TIRZ workshop. ~ Yvonne Flores-Cale, Council Member]

AS WELL.

DISCUSSION OF POSSIBLE DIRECTION OF DATES AND TIMES FOR WORKSHOP.

ALL RIGHT.

NOW I HOPE YOU DON'T MIND COUNSELOR FLORES, KALE, UH, BUT JUST FOR THE SAKE OF KIND OF GETTING THESE DISCUSSIONS GOING, THEY ARE BOTH RELATED.

SO, UM, I THINK WE'VE TALKED ABOUT TOURISTS BEFORE, UM, MAYBE, UH, A FEW TIMES AT LANE.

UH, SO THIS IS MY, UH, ATTEMPT TO TRY TO BRING FORWARD, UH, ESSENTIALLY TO THE POINTS DID, UH, OUR FINANCE DIRECTOR WAS MAKING EARLIER.

HOW, HOW, UM, ACCURATE WAS THAT AT THE TIME? UH, SO AS YOU MENTIONED, WE DO HAVE A PID POLICY.

WE HAVE ALL KINDS OF, WE HAVE THREE 80 POLICIES.

I THINK WE SHOULD LOOK AT CREATING A POLICY FOR OUR CITY TO, UM, IN ORDER TO IMPLEMENT TERMS CERTAINLY HERE, THE, THE MAYOR'S POINTS AND COMMENTS ARE THERE.

AND I THINK THERE ARE WELL-FOUNDED AND VERY LEGITIMATE POINTS IS WHERE DO YOU FIND, UH, WHAT THAT, UM, UH, THAT COMFORT LEVEL IS OR WHAT THE DETERMINATION IS FOR, UH, SOMETHING THAT IS TO, UH, TO THE, UH, CITY ATTORNEY'S POINT EARLIER, SOMETHING THAT THE COUNCIL HAS TO DECIDE ON.

BUT I THINK IF WE, IF WE IMPLEMENT CHAPTER THREE 11, UH, THAT REFERENCES THE CHURCH CODE FOR THE STATE OF TEXAS, I'M NOT AWARE OF ANY FEDERAL CODES THAT WOULD IMPLEMENT ON CHURCH CAUSE, UH, TALKING TO ELECTED OFFICIALS ACROSS THE COUNTRY, UH, THIS PAST WEEK AT THE CONFERENCE, I WENT TO, NOT EVERYBODY HAS TERSE IN THEIR STATES.

SO, UM, AND THE STATES THAT HAVE THE TERMS ARE DIFFERENT, YOU KNOW, LIKE, LIKE CARAMEL, FOR EXAMPLE, THEIR POLICY, THAT THEY HAVE DIFFERENT TOOLS THAT THEY CAN USE.

SO I'D LIKE TO DIRECT STAFF, UH, OR, YOU KNOW, CERTAINLY I SEE COUNCIL MEMBER, UH, FLORIDA GALE'S, UH, ITEM HERE.

SO I WANT TO BRING HER IN AS WELL, BUT I LIKE TO MAKE THE NECESSARY STEPS FOR US TO START TO CREATE A TOURIST POLICY.

I'D ALSO, UH, NOT JUST REFERENCING CHAPTER THREE 11, BUT THERE IS A SPECIFIC OPINION, UH, IS GA DASH 0 5 1 4, UM, BY THE ATTORNEY GENERAL'S OFFICE THAT, UH, REFERENCES TERS AS WELL.

I'D LIKE US TO, UH, DEFINITELY TAKE THAT, UH, OPINION AND CONSIDERATION AS WELL AS WE CREATE THIS AS POLICY.

UM, THAT'S MORE OR LESS NOT TO CONTINUE TO RAM ON, ON THAT.

UH, MY OBJECTIVE AND I'D LIKE TO PASS THE FLORIDA COUNCIL MEMBER FLORES, KALE.

THANK YOU.

UM, SO IN, IN TRYING TO FIGURE OUT THE SITUATION WITH THE TERS, I JUST REALIZED THERE'S A LOT THAT, UM, I DIDN'T KNOW.

I THINK THERE'S A LOT THAT PEOPLE WHO HAVE BEEN ON HERE FOR A LONG TIME, SO MAY NOT COMPLETELY UNDERSTAND, NOT THAT THEY DON'T KNOW, BUT WE JUST DON'T UNDERSTAND AND THAT'S OKAY.

IT'S NOT ABOUT, UM, IT'S NOT A COMPARISON AND IT'S ALL ABOUT WHAT CAN WE LEARN MOVING FORWARD.

AND SO MY HOPE WAS TO MAYBE HAVE SOMEBODY FROM THE COMPTROLLER OR SOMEBODY COME IN AND, UH, GIVE US A GOOD THIRD PARTY NEUTRAL IDEA OF WHAT THIS UTTERS IS, WHAT IT SHOULD BE USED FOR AND ANY KIND OF LEGAL BACKGROUND THAT WE NEED TO KNOW.

UM, CAUSE I'VE HEARD ON SEVERAL OCCASIONS WHILE WE'VE ALWAYS DONE THIS AND I'VE HEARD, OH, THE COUNTY IS ON IN ON THIS.

AND, BUT THAT DOESN'T MEAN IT WAS DONE.

RIGHT.

I THINK PEOPLE OFTENTIMES LEAN ON OTHER PEOPLE THAT THEY TRUST AND THEY JUST ASSUME THAT IT'S BEING DONE.

RIGHT.

AND SO, UM, IN READING ALL THIS I, THAT COUNCIL IS FISCALLY RESPONSIBLE FOR THE FINANCES.

LIKE IT IS OUR JOB AS ALL SEVEN OF US SITTING UP HERE TO MAKE SURE WE ARE SPENDING OUR MONEY WISELY.

FINANCES TOURS IS A FINANCE TO MAKE SURE WE'RE DOING THAT CORRECT.

SO MOVING FORWARD, I JUST WANTED TO MAKE SURE THAT WE WERE ALL ON THE SAME PAGE.

AT LEAST EVEN IF WE DISAGREE ON WHAT REALLY QUALIFIES, BUT WE ALL HAVE A SOLID UNDERSTANDING OF WHAT A TOUR'S IS AND WHEN IT, YOU KNOW, WHEN, WHEN WE SHOULD USE IT ULTIMATELY.

AND SO I THOUGHT A WORKSHOP WOULD BE A GOOD TIME AND LOOK, I'M NOT EXCITED ABOUT A WORKSHOP.

I'M NOT EXCITED ABOUT COMING IN ON A SATURDAY, BUT WHAT I AM EXCITED ABOUT IS MAKING BETTER DECISIONS AND UNANIMOUSLY AND SEEING EYE TO EYE AND NOT BEING LIKE, FEELING LIKE IT'S US AGAINST THEM OR JUST BEING ON THE SAME PAGE.

AND SO IF ANYBODY ELSE WOULD LIKE TO JOIN ON A TERS, UM, WORKSHOP, I WOULD BE MORE THAN GLAD TO, TO SHOW UP ON THAT.

I WOULD LOVE THAT.

[04:40:03]

SO LET'S GO AHEAD AND SCHEDULE THEN APRIL 13TH, WEDNESDAY AT 7:00 PM OR APRIL 20TH, WEDNESDAY AT 20:00 PM.

CAUSE OBVIOUSLY I KNOW AGAIN, WEEKENDS DO NOT WORK FOR A LOT OF PEOPLE, SO THE 13TH WOULD BE OPEN BECAUSE WE DON'T HAVE COUNCIL THAT WEEK AND THEN, OR WE COULD HAVE IT ON THE FOLLOWING WEDNESDAY OF COUNCIL BECAUSE THURSDAYS ARE BUSY AS WELL FOR THIS PARTICULAR WORKSHOP THOUGH.

W WHAT DO WE NOT NEED TO BE? WHAT DO WE NOT NEED TO ACCOMMODATE SOMEBODY FROM THE COMPTROLLER'S OFFICE? IT'S NOT LIKE WE CAN JUST GIVE THEM A DAY AT A TIME AND TELL THEM TO BE THERE.

THEY WOULD GET SOMEBODY.

THAT'S WHY I'M GIVING THOSE DATES TO SEE IF ANYBODY MIGHT BE AVAILABLE.

I MEAN, I THINK TRYING TO GET SOMEONE TO COME AND GIVE FACTUAL, UM, YOU KNOW, ADVICE, OR AS FAR AS WHAT A TERS IS AND EXPLAINING HOW A UTTERS COULD BE USED, YOU SAID HOW IT SHOULD BE USED.

AND THE COMPTROLLER'S OFFICE IS NOT THE, UH, GROUP TO GIVE US THAT INSIGHT.

THE, THAT WAS JUST AN EXAMPLE.

YEAH.

THAT'S, THAT'S, I'M JUST THROWING IDEAS OUT.

AYE.

AYE.

AYE.

MY COMMENT ABOUT THE TWO HOUR THING REALLY THAT I PROBABLY SHOULDN'T HAVE SAID IT THAT WAY, BUT YOU'RE RIGHT.

I UNDERSTAND.

BUT THE, SO I SPENT JUST AN ETERNITY OF TIME STUDYING.

TOUR'S GOING TO TML WORKSHOPS ON TERS WATCHING VIDEOS, READING ARTICLES, BUT ALSO LOOKING AT OTHER TURQUOISES THAT WERE CREATED NOT ONLY IN TEXAS, BUT OUTSIDE OF TEXAS AND WHY THEY WERE CREATED AND WHAT THEY PRODUCED.

SO IF YOU WANT TO DO A WORKSHOP, UH, I'M, I'M HAPPY WITH THAT, BUT IT CAN'T JUST BE ALL FOCUSED AROUND IS THERESE LEGAL.

IT HAS TO, IF YOU'RE GOING, IF YOU'RE GOING TO USE IT, WHAT ARE YOU TRYING TO ACCOMPLISH WITH IT? BECAUSE IT IS BLANK TOOL.

IT IS A BOX THAT THE STATE OF TEXAS, THEY GIVE US LESS THAN ALMOST EVERY OTHER STATE.

LIKE IF YOU GO TO THESE OTHER STATES AND LOOK AT HOW THEY STRUCTURE THEIR DEVELOPMENT DEALS THAT ARE DRIVE YOU MAD, CAUSE THEY HAVE ALL THESE DIFFERENT TOOLS THAT THEY CAN USE AND WAYS THAT THEY CAN INVOLVE OTHER JURISDICTIONS.

WE CAN'T, WE HAVE 3 80, 3 80 ONES, WE HAVE PIDS, WE HAVE TERRACES OR MUDS, YOU KNOW, AND THAT'S BASICALLY, THAT'S BASICALLY IT.

SO, BUT THERE HAVE BEEN A LOT OF DEVELOPMENTS OVER THE LAST FIVE YEARS THAT HAVE, THAT HAVE GONE IN THERE HAVE BEEN DEALS THAT HAVE BEEN STRUCTURED ALL OVER THE STATE OF TEXAS USING TERS, UH, AS ONE OF THE COMPONENTS AND THEY, UH, AND STUDYING WHAT THOSE DEVELOPMENTS, WHY THOSE HAPPENED, UM, IS, IS WHAT IS HOW YOU'RE GOING TO GET FROM.

DO YOU SUPPORT THIS, UH, IDEA OR NOT IN MY OPINION.

SO IF WE'RE GOING TO DO A WORKSHOP, I WOULD LOVE FOR US TO HAVE SOME, SOME TYPE OF, UH, AT LEAST A PART OF IT WHERE WE WERE ACTUALLY STUDYING ALL THESE OTHER CHURCHES.

YEAH, NO, I UNDERSTAND THAT.

I JUST ALSO THINK WE SHOULD STUDY THE 40 PAGE CHAPTER THREE 11 TAX INCREMENT FINANCING ACT BECAUSE REALLY THAT'S WHAT, THAT'S WHAT WE SHOULD BE GOING OFF OF.

NOT WHAT OTHER CITIES DO, NOT WHAT WE FEEL, NOT WHAT WE BELIEVE, BUT WHAT THE LAW STATES, THE LAW, THE LAW STATES, WHAT, UH, WHAT YOU'RE ALLOWED TO DO WITH THE TERMS AND WHAT, WHETHER IT CONFORMS TO THE, UH, LAW OR NOT IS AN INTERPRETATION QUESTION.

RIGHT.

AND WE SHOULD ALL BE EDUCATED ON THAT.

THAT'S ALL I'M SAYING.

LIKE, AGAIN, IF WE, IF AT THE END OF THE DAY, WE STILL BELIEVE WHAT WE WANT TO BELIEVE SEPARATELY.

THAT'S FINE.

AS LONG AS WE DO IT IN AN EDUCATED WAY.

RIGHT.

WELL, UM, I, I, OKAY.

I AGREE WITH THAT.

WE DEFINITELY SHOULD BE EDUCATED.

AND IF YOU WANT TO MAKE THE ARGUMENT THAT THE AREA NEEDS TO BE BLIGHTED IN ORDER TO ESTABLISH A TERSE, THERE'S NO, THERE'S, THERE'S NO ARGUMENT TO ESTABLISH ANY CHURCHES IN THE CITY OF KYLE OR ANYWHERE IN HAYES COUNTY.

YOU CAN SAY THE AREA BEHIND COALMINES IS SOMEHOW LESS DESIRABLE FROM A DEVELOPMENT STANDARD, BUT THAT'S JUST NOT ACCURATE AT ALL.

I MEAN, AND THOSE ARE MY WORDS.

THOSE ARE LIKE WORDS IN THE SET, THE, IN THE STATUTE.

SO I DON'T MAKE THINGS UP.

I JUST, I JUST TAKE THE INFORMATION AND THEN I TRY TO THROW IT OUT THERE.

AND SO WHEN I USE THOSE KINDS OF WORDS, IT'S NOT, IT'S NOT ME MAKING STUFF UP.

IT'S ME TRYING TO FOLLOW THE LAW.

RIGHT.

I UNDERSTAND THAT.

BUT THERE'S LATITUDE AND A MOUNTAIN OF PRECEDENT TO ALLOW FOR US TO ESTABLISH A TERS, UH, NOT JUST IN A RUNDOWN NEIGHBORHOOD, WHICH WAS THE, KIND OF HOW IT, THE ORIGINAL IDEA OF IT CAME ABOUT, BUT THE DEVELOPMENTS THAT HAVE BEEN, UH, PASSED BY THE DOZENS AND DOZENS AND DOZENS THROUGHOUT THE STATE.

AND THEN AS TRIPP SAID, RATIFIED BY THE BOND AND THE AG TO MAKE SURE THE LIABILITY IS CORRECT, LIKE THE POLICY AND THE PATH HAS BEEN SORT OF LIKE SET AND LAID IN.

SO I JUST, I WISH WE WOULD DECIDE WHETHER OR NOT WE WANT TO FINANCE THE DEAL AND WHETHER THE DEAL STRUCTURE IS CORRECT BECAUSE THE CONVERSATION ABOUT, UH, AND THIS IS WHERE A WORKSHOP WOULD BE HELPFUL, BUT THE CONVERSATION ABOUT BLANKET RIVER

[04:45:01]

RANCH, WE'RE LITERALLY ARGUING AGAINST OURSELF WHEN WE'RE ARGUING IT, TRYING TO TAKE THE TERMS OUT OF IT, BECAUSE THE MAJORITY OF WHAT THAT TERM CREATES IS TAX REVENUE FOR THE CITY, NOT TAX REVENUE FOR THE DEVELOPER.

SO THAT'S THE QUESTION IS, IS THIS AN INAPPROPRIATE TOOL IN THIS SITUATION TO GENERATE REVENUE FOR THE CITY, EITHER TO THE GENERAL FUND OR FOR INFRASTRUCTURE? UH, ALL OF THOSE QUESTIONS, 3 83 81, IT'S LIKE, WHAT ARE YOU TRYING TO ACHIEVE? WE DO THREE EIGHTIES AND THREE 80 ONES, OFTENTIMES BECAUSE WE'RE TRYING TO ATTRACT A, A BUSINESS TO COME IN OR THERE'S, THERE'S ALWAYS SOME REASON MAYBE WE GET SOMEONE FROM THE AGS OFFICE.

JUST, Y'ALL FOR YOU TO TALK BACK AND FORTH.

SORRY.

WE HAVE A POLICY FOR THAT.

RIGHT.

WE HAVE A POLICY FOR PITS.

UH, I UNDERSTAND THE, THE CONVERSATION ABOUT THE WORKSHOP.

I'D LIKE TO GET A VOTE ON, UH, CREATING, UH, UH, TURKISH POLICY SECOND, SO, OKAY.

OH MY GOD.

MOTION DIRECT STAFF TO CREATE CREDIT TERRACE POLICY HAS BEEN MADE BY COUNCILLOR ELLISON.

SECOND BY COUNSEL MEMBER PARSLEY.

IS THERE DISCUSSION ON THAT MOTION? DO YOU WANT MATTER? MY PROTON, UM, I'M REALLY IN FAVOR OF DOING A POLICY.

UH, SO THAT WAY WE HAVE A DIRECTION WE'RE GOING IN IS A GREAT IDEA.

THE ONLY THING I DON'T WANT TO SEE, UH, AND THIS IS MY ASK, UM, COUNCIL CAN DO WHAT THEY WANT, BUT I DON'T WANT TO SEE THIS USED AS A TOOL.

LIKE OTHER THINGS HAVE DONE TO STOP PROJECTS THAT WE'VE ALREADY GOT IN FRONT OF US.

UH, IF WE'RE GOING TO USE THIS AS A TOOL TO STOP ANYTHING IN FRONT OF US, AND I DON'T WANT ANYTHING TO DO WITH IT, UM, WE SAW IT WITH OUR, UM, COMPREHENSIVE PLAN.

THERE WAS DEVELOPMENTS THAT WE WERE WORKING ON AND IT WAS USED THAT WE SHOULDN'T BE DOING ANY DEVELOPMENT TO THE COMPREHENSIVE PLAN GAME.

AND THAT'S NOT HOW THE CITY WORKS.

IT, THE GROWTH ISN'T GONNA STOP.

AND UNLESS WE'RE GOING TO PUT A MORATORIUM ON THINGS, AND IF THAT'S WHAT COUNCILS WILL IS TO PUT A MORATORIUM ON EVERYTHING, THEN IT'S NOT REALLY WHERE I'M LOOKING AT GOING, BUT IF WE'RE DOING THIS BECAUSE WE REALLY WANT TO CREATE A POLICY, I'M GOOD WITH IT, BUT I JUST DON'T WANT TO, YOU SEE THIS BE COMING FORWARD AS A TOOL TO STOP ANYTHING THAT'S ALREADY IN PROGRESS.

AND, UH, THAT'S JUST MY 2 CENTS ON IT.

YOU HAVE THOUGHTS ON THAT CUSTOMER ELLISON.

IS THAT WHAT YOU'RE IN YOUR MIND, YOU WANT TO NOT APPROVE ANY OF THE PROPOSED HEARSES UNTIL WE'VE HAD A TIME TO DO THE WORKSHOP AND CREATE THE POLICY? UM, NO.

SO I HAD KNOWN THIS WAS COMING.

SO DO WE, WE DON'T USE THE POLICY FOR THREE EIGHTIES TO STOP PROJECTS.

WE DON'T USE THE POLICY FOR KIDS TO STOP PROJECTS.

I'M TRYING TO COME UP WITH, YOU KNOW, WE, WE'VE KIND OF WILLY NILLY JUST BROUGHT INTERS AND HAVE A DIFFERENT DISCUSSION.

CLEARLY NOT EVERYBODY IS COMPLETELY COMFORTABLE WITH UNDERSTANDING THAT THAT FINANCING MECHANISM AND THINGS LIKE THAT.

SO A POLICY GIVES STAFF COUNCIL DEVELOPERS COME INTO OUR CITY, A STARTING BLOCK TO UNDERSTAND WHERE THE PARAMETERS ARE FOR THESE THINGS.

THAT'S WHAT I'M TRYING TO SET UP.

I, I PROPOSED POLICY AND ORDINANCES TO CARRY OUT ON LONGEVITY.

I'M NOT WORRIED ABOUT CREATING POLICY AND CODES AND DIFFERENT THINGS TO DO ONE SINGLE THING OR TO STOP ONE SINGLE PROJECT OR TO MAKE ONE SINGLE PROJECT HAPPEN.

I'M ABOUT CREATING POLICY AND GOOD CODE THAT, THAT TAKES OUR CITY INTO A STRONG LEVEL INTO THE FUTURE AND GOING FORWARD SO THAT IT STANDS REGARDLESS OF THE THINGS THERE, THAT'S WHAT WE SHOULD BE DOING WHEN WE CREATE POLICY AND CODE.

UH, SO THAT IS MY OBJECTIVE.

IF YOU FEEL IT'S, UH, UH, I HAVE ULTERIOR MOTIVES, SORRY ABOUT CHIP, BUT I'M JUST TRYING TO CREATE GOOD POLICY AND GOOD CODE HERE.

UH, I NEVER MENTIONED THAT I'VE JUST SEEN THINGS IN THE PAST, UH, FROM THIS DYESS.

SO I NEVER MENTIONED YOUR NAME, NOT FROM ME.

NO, BUT I'VE SEEN IT ON THE DIETS IN THE PAST.

SO THAT'S WHY I DIDN'T CALL SAY THAT IT WAS COUNCIL WHERE ELLISON, I WAS NOT THINKING OF YOU, BUT I'M JUST SAYING THAT IF WE'RE BRINGING THIS FORWARD, I JUST WANT TO MAKE SURE WE'RE NOT USING IT AS A TOOL JUST TO STOP SOMETHING AND MAKE SURE THAT IT'S, UH, FOR THE RIGHT REASONS, THE REASONS YOU STATED HERE, UH, IN THE LADDER.

AND, UH, THAT'S KINDA WHERE I'M AT.

I, I LOVE THIS, THE REASONS YOU STATED AND WITH SOMETHING LIKE THAT, I COULD SUPPORT IT.

YEAH.

I WANT TO AGREE.

I SUPPORTED AS WELL.

I'M THINKING OF THINGS LIKE, UM, YOU KNOW, IN OUR PIT POLICY, WE HAVE REQUIREMENTS FOR LINK VALUE TO LEAN RATIOS.

SO WE COULD CREATE AS A TERM POLICY THAT WE DO, 50% IS, IS THE STANDARD.

AND SO IF SOMEBODY'S ASKING FOR MORE, YOU KNOW, MORE THAN THAT, OR FOR

[04:50:01]

LIKE THE TERM OF THE TERS, THEY'RE ASKING FOR 40 YEARS, BUT WE COULD CODIFY THE DISCUSSION THAT WAS HAD THAT HAPPENED EARLIER TODAY IN A POLICY THAT SAYS THAT, YOU KNOW, IT CAN'T, UH, UTTERS CAN'T EXCEED THE LIFE OF A BOND, UH, ASSOCIATED WITH, YOU KNOW, ANY PARTICULAR PROJECT.

AND THEN, OR IN PARTICULAR, I'M THINKING ABOUT WHAT HAPPENS WHEN THE TAX RATE CHANGES AND THERE IS MORE CAPACITY CREATED WITHIN A PARTICULAR, UH TERS ARE WE MAKING SURE THAT THE DEVELOPERS AREN'T, IF WE LOWER OUR TAX RATE, THE DEVELOPERS AREN'T GETTING, UH, UH, SOME KIND OF WINDFALL AND OUR POLICY COULD HELP, UH, ADDRESS THAT SPECIFIC ISSUE.

SO I JUST FUNDAMENTALLY AGREE WITH THE IDEA OF, OF HAVING A TERM POLICY BECAUSE IT, BUT IT'S NOT GOING TO ANSWER THE QUESTION OF WHETHER WE WANT TO USE A TERM AS A FINANCIAL TOOL TO INCENTIVIZE, UH, DEVELOPMENT.

SO, BUT WHAT WE WILL FIND OUT IS WHEN THE ALLIANCE PROJECT COMES BACK IN A TERMS, VOTE COMES FORWARD, WHETHER OR NOT THAT VOTE HAPPENS.

AND UNFORTUNATELY STAFF CANNOT TELL RIGHT NOW REALLY WHERE WE'RE GOING TO LAND ON TERESA'S, EVEN THOUGH THAT'S A BIG PART OF WHAT STAFF IS TRYING TO BRING FORWARD WITH, YOU KNOW, BASED ON THE CONVERSATIONS AND DIRECTION THAT WE'VE HAD OVER THE COURSE OF THE YEARS.

UM, SO THE, AT THE END OF THE DAY, BLINK A RIVER RANCH IS, YOU KNOW, AS A, AS A DEAL IS GOING TO MOVE FORWARD ON ITS OWN PROPOSALS, IRRESPECTIVE OF A POLICY OR NOT.

UM, SO, UM, I DO SENSE THAT QUESTION BEING ASKED, BUT IF SOMEONE WANTS TO USE NOT HAVING A POLICY AS A REASON TO VOTE AGAINST SOMETHING, THEY'LL HAVE ANOTHER REASON TO IF, IF NOT THE POLICY WOULD BE SOMETHING ELSE, BUT I DON'T THINK THAT IT TO COUNCILOR ELLISON'S POINT THAT WE SHOULD NOT HAVE GOOD POLICY, UM, JUST BECAUSE WE'RE AFRAID OF A POLICY BEING USED BECAUSE THE TRUTH IS POLICY, GOOD POLICY IS LEVERAGED TO THE CITY.

YOU KNOW, WE'RE NOT BINDING OUR OWN HANDS.

WE'RE CREATING A STANDARD THAT HOPEFULLY IT WOULD BE FAIRLY CONSERVATIVE SO THAT WHEN DEVELOPERS COME AND SAY, OH, THEY WANT TO STRETCH IT OUT THIS WAY, THAT WAY, OR THE OTHER, UH, IT'S IN THE FORM OF AN ASK.

AND IF THE CITY WANTS TO OBLIGE, IT CAN HAVE ITS OWN ASK IN RETURN, WHICH IS WHAT WE DO WITH OUR PIT POLICY.

WHEN THEY ASK IF, IF THEY WANT TO INCREASE THE AMORTIZATION OR VALUE TO LIEN OR ANY OF THE OTHER, UH, DIFFERENT, UH, ELEMENTS OF OUR POLICY THAT THEY WANT TO CHANGE, THAT THAT PUTS A FAVOR AND LEVERAGE ON, ON OUR SIDE.

SO, UM, IN DISCUSSION ON THAT MOTION, IS THERE A SCOTT, DO YOU HAVE ANY, WE SHOULD GET STAFF BACK.

WE CAN'T JUST SAY MAKE A TOURIST POLICY.

I MEAN, IS, WOULD IT BE WHO, HOW WOULD WE ACCOMPLISH THAT, DO YOU THINK? WELL, I HAVE SEVERAL THOUGHTS, YOU KNOW, WHEN WE DID THE PID POLICY, WE, WE DID BRING IN AN OUTSIDE PAID ADMINISTRATOR, WHICH AT THE TIME WAS DPF G RIGHT.

TO HELP US.

UH, SO I THINK WE'VE GOT THERESE CONSULTANTS THAT WE HAVE ALREADY RETAINED.

OBVIOUSLY WE HAVE BIGGER STAFF WHOSE I WOULD CONSIDER THAT ONE OF THE EXPERTS IN TERMS OF WHO CAN HELP US WITH THE POLICY AND THEY'RE ALREADY, YOU KNOW, THE CITY'S BOND UNDERWRITER.

SO WE HAVE RESOURCES AT OUR DISPOSAL THAT CAN HELP US, BUT WE'LL BE, I'LL BE RELYING HEAVILY ON PERVEZ.

AND DO WE KNOW IF THERE ARE OTHER CITIES AROUND THAT HAVE TOURIST POLICIES THAT COULD HELP GIVE US SOME, SOME SORT OF DIRECTION AS, SO WHAT KIND OF FORMAT IT MIGHT TAKE? UM, MANY OF THE LARGER CITIES, DALLAS FORT WORTH, AUSTIN, SAN ANTONIO, THEY ALL HAVE THERESE POLICIES.

WE COULD LOOK AT THEIR POLICIES.

WE DON'T HAVE TO REINVENT THE WHEEL.

UH, WE CAN TAKE THE GOOD PIECES AND PARTS FROM THOSE POLICIES AND COME UP WITH OUR OWN WORKING WITH COUNCIL.

UM, THE WORKSHOP REALLY WOULD HELP IN DEVELOPING THE POLICY IN MY OPINION, BECAUSE THEN WE TAKE YOUR FEEDBACK AND MAKE IT INTO THE POLICY OR INCLUDE THOSE COMMENTS IN THE POLICY.

SO THE THOUGHT THEN WOULD BE YOU WOULD WORK ON A DRAFT PRIOR TO THE WORKSHOP SO THAT WE COULD HAVE IT TO SORT OF READ AND GIVE YOU THAT FEEDBACK.

OR ARE YOU TRYING TO SAY THE WORKSHOP WILL BE WHERE WE START FROM SCRATCH AND HAVE THOSE CONVERSATIONS? MY RECOMMENDATION WOULD BE, WE START FROM SCRATCH.

SO WE HAVE OUR OWN CITY OF KYLE VISION FOR THIS POLICY, RIGHT? WE'RE GOING TO NEED HELP.

AND WE CAN, WE CAN HAVE OUTSIDE INDEPENDENT CONSULTANTS, ATTORNEYS COME IN AND DO THAT FOR US.

IT DOESN'T HAVE TO BE PREVENTED.

IT DOESN'T HAVE TO BE JOHN SNYDER.

UM, IT'S, IT'S REALLY COUNSELED AND DESIRE TO LET EXTREME, YOU WANT US TO TAKE IT TO, I JUST DON'T WANT THE TIME TO BE WASTED.

SO IF THERE WAS A WAY FOR US TO WORK THROUGH AT LEAST SOME AMOUNT OF THAT ON THE FRONT END TO PUT SOME KIND OF FRAMEWORK FOR US TO DISCUSS SO THAT THE DECISIONS WE MAKE ARE A LITTLE BIT MORE LIMITED AND IMPACTFUL AS OPPOSED TO

[04:55:01]

LARGER THINGS.

THAT'S WHEN I WOULD THINK WOULD BE BETTER.

WE CAN DO THAT.

WE CAN, STAFF CAN WORK ON A DRAFT AND BRING IT BACK TO COUNSELING.

WE CAN GO FROM THERE.

COUNSEL RECENTLY APPROVED, UH, OUTSIDE TERS CONSULTANT, TIM AUSTIN WITH ABHR.

SO WE COULD BRING HIM IN AS ONE OF THE EXPERTS.

SO WHAT IS, WHAT ARE COUNCIL'S THOUGHTS ABOUT HAVING A DRAFT OF A POLICY READY FOR US TO DISCUSS AT THE WORKSHOP, USING THE TERSE CONSULTANT AND STAFF? I'D GO WITH THAT.

ALL RIGHT.

SO THAT MIGHT IMPACT THE DATE AS MY THINKING, THE REASON I'M KIND OF PUSHING ON THIS A LITTLE BIT.

SO THE PROPOSAL WAS FOR THE 13TH OF APRIL, IS THAT WHAT YOU SAID? UH, JUST THE, UH, BOTH DAYS, UH, THE 13TH AND THE 20TH.

YEAH, THE 13TH DOESN'T WORK FOR ME.

I MEAN, NEITHER SHOULD WE DO A DOODLE ON THIS ONE SO WE CAN LOOP IN WHO WILL NEED TO COME AND WORK WITH US BECAUSE IT WON'T JUST BE OUR SCHEDULES, RIGHT? CORRECT.

IT'S NEVER JUST IRISH.

YEAH, YOU'RE RIGHT.

YEAH.

SO, WELL, FOR THIS ONE, PARTICULAR, WE'RE TALKING ABOUT BRINGING IN CONSULTANTS AND DIFFERENT FOLKS.

SO WE SHOULD PROBABLY TRY TO SEE WHAT DATES WORKED FOR THEM.

BUT I, I I'M WITH WHOEVER SAID THEY CAN'T DO THE 13TH, I WOULDN'T BE ABLE TO DO THE 13TH TEASER.

SO MAYBE WE SAY WE'RE GOING TO PENCIL ON THE 20TH, BUT THAT WILL BE SUBJECT TO WHETHER OR NOT MARRIAGE.

IT REALLY DEPENDS ON CITY MANAGERS, UM, DECISION AS TO WHO YOU WANTS TO GO WITH THE FIRM, WHETHER IT'S THE CITY'S BOND COUNCIL OR THE TERS.

WELL, SO WE CAN'T DECIDE THAT RIGHT NOW, BECAUSE WE DON'T KNOW ABOUT RIGHT.

THERE'S QUESTIONS THAT HAVE TO BE ASKED.

THEY HAVE TO GET FEEDBACK.

SO IF WE PENCILED IT IN THE 20TH AND THEN EVERYTHING SORT OF LINED UP WHERE IT WAS LIKE, ALL RIGHT, THIS IS THE PERSON THEY CAN GET US A DRAFT BY THIS TIME.

20TH OF APRIL.

YES.

THAT'S COMING YOUR TIME.

WELL, IT'S ALMOST FOUR WEEKS.

CAN I, I DON'T KNOW HOW FAR ALONG WE ARE IN THIS DECISION, BUT IF WE COULD DO A THIRD PARTY NEUTRAL THAT WE HAVEN'T USED PRIOR TO, I WOULD REALLY APPRECIATE THAT.

I MEAN, THE, THE BOX PEOPLE THAT WE SPOKE TO, I KNOW IT IS.

AND THAT'S WHY I'M WONDERING.

CAUSE LIKE THE, THE, I KNOW WHERE THE BOND PEOPLE STAND, THEY JUST SAT THERE AND TOLD US.

SO OBVIOUSLY I DON'T AGREE.

UM, YOU HEARD FROM, FOR IT, HE'S NOT OUR BOND COUNSEL.

OH, W NOT FOR, OKAY.

WHO'S HE FROM THEN? HE'S A BOND UNDERWRITER.

YES.

AS AN UNDERWRITER, WHICH FMS BONDS, THEY DO PIT BONDS.

THEY, THEY FIND INVESTORS THAT PACKAGE THE BUTTONS.

SO IT DOESN'T WORK.

SO THE TOURIST, THE TOURIST COUNCIL WOULD BE THAT WE'VE RETAINED WOULD BE WHO, WOW.

I WAS THINKING, TIM AUSTIN NEED, WE RETAINED HIM FOR THE DOWNTOWN TOURS THAT NEVER MATERIALIZED.

SO HE'S JUST BEEN RIGHT.

IT'S SOMEONE WE VETTED.

WE WENT THROUGH AND VETTED THEIR KNOWLEDGE OF THE LAW, BUT WE HAVEN'T REALLY USED THEM AT ALL.

SO THAT'S ABOUT AS INDEPENDENT AS IT GETS.

AND HE'S VERY GOOD WITH VETTING.

SO MAYBE GIVE HIM A CALL AND SEE IF THIS WOULD BE WORK YOU'D BE WILLING TO DO.

I DON'T KNOW WHAT THE COSTS WOULD BE ASSUMING IT'S LESS THAN REQUIREMENTS FOR HIM TO WORK ON A DRAFT AND COME TO MEETINGS AND THINGS LIKE THAT.

UM, YOU KNOW, YOU WOULDN'T HAVE TO BRING THAT BACK NECESSARILY.

SO I THINK THAT'S THE, THAT'S HEADING PENCILED FOR APRIL 20TH, BUT IF IT CAN'T WORK FOR THAT DATE, WE MIGHT HAVE TO PUSH.

WE'RE GOING TO NEED TO KNOW AS SOON AS YOU, ONCE, YOU'VE KIND OF GOTTEN THAT SORTED.

AND AGAIN, MAYOR, I'M JUST GIVING DATES.

CAUSE IT'S ALWAYS CONFUSING BECAUSE SOME PEOPLE CAN MAKE WEEKENDS.

SOME PEOPLE CAN'T.

SO THIS IS THE REASON WHY YOU JUST THROW THESE DATES OUT.

I LOOK AT THE ROSTER, I LOOK AT THEIR AGENDAS.

THERE'S NO P AND Z.

THERE'S NO LIBRARY BOARD THERE.

THESE DAYS ARE OPEN.

OKAY.

THAT IS THE WEDNESDAY AFTER A COUNCIL MEETING THOUGH.

APRIL 20TH.

SO THE 19TH IS COUNSELED ME.

YEAH.

OKAY.

OKAY.

YEAH.

I WOULD REALLY RATHER, NOT MAYBE IF, IF, IF, BUT THAT FOLLOWING WEEK, MAYBE THIS WEEK OR THE 25TH THROUGH THE 29TH, SOMETHING IN THERE, THE 25TH.

YEAH.

CAN WE DO THE 25TH? I GUESS WE'LL GO WITH THE RECOMMENDATION OF DOING THE DOODLE, I GUESS TO SEE WHAT'S ALL AVAILABLE.

JUST TAKE THAT POLL.

IS THERE ANYONE JUST CURRENTLY WHO THE 25TH WOULDN'T WORK FOR? THAT'S THAT'S THE FIRST NIGHT OF THE TEAM KYLE ACADEMY.

SO THAT THAT'S HERE, ISN'T IT? YEAH.

WELL, BUT STILL WORKSHOP A WORKSHOP IS NOT A WORKSHOP DOES NOT HAVE TO BE HERE.

I GUESS MAYBE COUNCIL WANTS TO BE AT THAT.

NO, IT'S A, IT'S LIKE A LI IT'S A TRAINING THING.

SO IT'S NOT FOR COUNCIL TO BE THERE.

RIGHT.

BUT WE COULD HAVE IT, WE COULD DO IT IN THE WORKSHOP UPSTAIRS.

WE HAVE THE TECHNOLOGY.

SO IT DOESN'T HAVE TO BE UP HERE ON THIS DYESS FOR A WORKSHOP.

IT COULD BE IN

[05:00:01]

THE GLASS OFFICE UPSTAIRS.

SO SHOULD WE DO IT TO SAY THAT AGAIN, TO ACTUALLY CUT OUT, I WAS GOING TO TRY TO SHOW UP TO THE TEAM CALL THING, BUT, UH, AT THE END OF THE DAY, YOU KNOW, IT'S WHATEVER WE CAN MAKE WORK FOR US.

THIS IS, THIS IS PRIORITY HERE.

YEAH.

I WAS, I WAS HOPING TO MAKE THAT AS WELL FOR THE 27TH OR THE 20, 60 EVEN, OR THE 26TH, THE 27TH IS THAT WEDNESDAY TWENTY-SIX OR TWENTY-SEVEN SOUNDS GOOD TO ME.

I'M AVAILABLE FOR THOSE TWO DAYS.

I CAN DO THE 26.

ALL RIGHT.

WE'RE GOING TO PINCH MULTIPLE DAYS TO KIND OF THEY'RE 26.

UH, WELL WE HAVE MOTION ON THE FLOOR TO CREATE A POLICY, A TERM POLICY.

SO I THINK WE SHOULD TAKE A VOTE CAUSE WE'RE, I THINK WE'RE IN AGREEMENT ON THAT.

WE DO WANT TO DO THAT.

SO, UH, ALL THOSE IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

I DON'T REALLY THINK YOU NEED DIRECTION ON ALL THE REST.

SO, ALL

[50. Discussion and possible direction regarding the City's noise ordinance. ~ RobertRizo, Mayor Pro Tem]

RIGHT.

NEXT UP AGENDA ITEM, NUMBER 50 DISCUSSION OF POSSIBLE DIRECTION REGARDING THE CITY'S IGNORE NOISE ORDINANCE MAY APPROACH.

SO MAYOR, I'M DOING A LITTLE RESEARCH.

I THINK THE LAST TIME WE EVEN DID ANYTHING WITH A NOISE ORDINANCE WAS PROBABLY ABOUT SEVEN YEARS AGO.

WE WERE A MUCH SMALLER CITY AT THE TIME, AND I THINK IT MIGHT BE TIME FOR US AS CITY, JUST TO RE TO DIRECT STAFF, TO REVISIT THE NOISE ORDINANCE AND BRING BACK ANY WORK RECOMMENDATIONS.

THEY SEEM A FIT AND THAT'S ALL I'M AT.

I'M HOPING TO DO HERE IS TO, UH, HAVE A REVIEW OF SOMETHING WE HAVEN'T REVIEWED IN A LONG TIME.

OKAY.

THOUGHTS, WHO WOULD THAT BE? WOULD THAT BE THE PLANNING DEPARTMENT? WHO DOES THAT, IS IT, OR WOULD THAT BE POLICE DEPARTMENT POLICE CODE ENFORCEMENT? CAN WE KEEP IN MIND? UM, I GET A SIGNIFICANT AMOUNT OF COMPLAINTS REGARDING THE RAIL HOUSE AND IT'S NOT SO MUCH JUST LIKE IT'S LOUD.

IT'S LIKE IT'S LOUD AND IT'S PAST 10 O'CLOCK OR 11 O'CLOCK.

AND I THINK MY GOAL WITH THIS IS NOT REALLY TO SINGLE OUT ANYBODY IT'S TO LOOK AT THE CITY AS A WHOLE.

THAT'S EVERYTHING, THAT'S MUFFLERS EVERYTHING.

I MEAN, I KNOW WE WANT TO THROW OUT SUGGESTIONS.

SO MY GOAL IS FOR YOU GUYS TO LOOK AT THAT AND THEN READ MY WEIGHT THAT I WOULD APPRECIATE THAT IT WOULD MAKE A LOT OF PEOPLE IN THE DOWNTOWN HAPPY.

AND SO I'M NOT SAYING THAT THAT'D BE YOUR ONLY FOCUS.

I'M JUST SAYING IF YOU COULD JUST YEAH.

AND I UNDERSTAND WE'VE GOT A LOT THAT WE'RE, I WANT TO SEE LOOK AT AS A WHOLE AND MAKE SURE THAT WE LOOK AT EVERY TYPE OF NOISE THAT'S IN OUR CITY OR, OR HOW WE'VE GROWN.

UM, AND IT'S REALLY JUST TO REVISIT THIS BECAUSE WE HAVEN'T DONE IT.

IT'S BEEN SEVEN YEARS SINCE COUNCIL HAS WORKED ON THIS AND BACK THEN WE WERE A SMALL CITY OR A TOWN, ACTUALLY SMALL TOWN.

NOW WE'RE A SMALL CITY.

SO IF WE COULD JUST REVISIT THIS, I WOULD REALLY APPRECIATE IT.

MAYOR.

I HAVE TO GO AND MAKE A MOTION TO, UH, DIRECT STAFF, TO LOOK AT THE CURRENT NOISE ORDINANCE AND SEE IF WE NEED TO MAKE ANY UPGRADES, UH, MOVED BY CASPER TOBY SECOND BY CUSTOMER ELLISON THAT WE CRACK OPEN THE NOISE ORDINANCE.

IS THERE A DISCUSSION ON THAT MOTION? THAT'S PRETTY GENERAL.

I FEEL LIKE IF I WAS STAFF, I'D FEEL A LOT OF PRESSURE TO LIKE, WELL, WHAT DO YOU, WHAT DO YOU WANT? HOW DO YOU WANT US TO CHANGE IT? YOU KNOW, I'M NOT GOING TO JUST COME BACK TO US AND ASK US WHAT WE WANT TO DO.

WELL, SO MY, WE, A LOT OF THE THINGS WE WE'VE HEARD FROM THE RESIDENTS IS THE LOUD MUFFLERS.

I MEAN, I, I GET THAT FROM A LOT OF THE RESIDENTS.

WE HAVE LOUD MUFFLERS IN THE CITY.

I DON'T KNOW HOW WE CAN ADDRESS THAT.

WE HAVE, UH, VENUES COMING IN.

WE HAVE, UH, CONSTRUCTION, WE HAVE A LITTLE BIT OF EVERYTHING.

I MEAN, IT, IT'S LOOKING AT THE CITY AS A WHOLE AND, AND WONDERING WHAT WE CAN DO, IF DOES, DO WE HAVE TO LOOK AT OUR DECIMAL LEVELS, ANYTHING THAT HAS TO DO WITH NOISE IN OUR CITY, HOW IT HAS BEEN A LONG TIME SINCE WE'VE REVISITED THAT I'D LOVE TO SEE STAFF COME BACK WITH A REPORT AND ANY SUGGESTIONS THAT THEY WOULD, THEY FEEL THAT WE SHOULD REVISIT AS A COUNCIL.

YES.

TO ALSO LOOK AT, UH, CONSTRUCTION TIME ZONES, UH, HOW EARLY AND HOW LATE AND THE NOISE LEVEL.

CORRECT.

THANK YOU.

THANK YOU GUYS.

WORK RELEASE.

SO I'VE HEARD MUFFLERS DECIBELS AT PROPERTY LINE AND, UM, CONSTRUCTION TIME TIMEFRAMES IS AT LEAST SOME KIND OF GUIDING TO START.

SO, AND THAT'LL BE CODE ENFORCEMENT THAT WE'LL DO THAT.

OKAY.

UM, DO YOU WANT THE RECOMMENDATION TO COME STRAIGHT TO THIS BODY? THE, THE PLANNING AND ZONING MIKE, IT WOULD BE A SORT OF A, UM, IT'S WITHIN THE, OUR ABILITY PER THE CHARTER TO ALLOW FOR THEM TO

[05:05:01]

TAKE FIRST CRACK AT THIS AND GET THAT FEEDBACK SO THAT WE DON'T HAVE TO DO IT.

UH, WE DON'T HAVE TO DO THAT, BUT, BUT WE COULD, IF WE WANTED TO JUST LIKE THE SIGN ORDINANCE, WE COULD HAVE DONE THAT BACK WHEN THAT CAN OF WORMS ALMOST GOT OPENED UP AND WE DIDN'T END UP DOING IT.

AND WE ALMOST WENT THAT ROUTE, UH, IS CHIEF STILL IN THE BUILDING? HE'S BACK THERE YESTERDAY.

COULD YOU COME UP TO THE MIC PLEASE? I WAS JUST GOING TO ASK WHY HE'S WALKING UP.

SO I'VE HEARD FROM RESIDENTS THAT THEY'VE SAID WHEN OUR LAW ENFORCEMENT HAS COME OUT TO A NOISE COMPLAINT THAT WE SHARE BASICALLY ONE DECIBEL READER.

IS THAT, IS THAT ACCURATE? UM, NO, SIR.

JEFF BARNETT, CHIEF OF POLICE FOR THE RECORD.

SO WHAT MOST OFFICERS WILL DO NOW IS THEY HAVE APPS YOU CAN DOWNLOAD ON YOUR PHONE.

SO TYPICALLY OUR OFFICERS WHO ARE PROVIDING, UH, CELL PHONES TO DO THEIR WORK FROM WE'LL DOWNLOAD AN APP THAT WILL READ THE DECIBEL METER.

SO NO, THAT PART'S NOT TRUE.

OKAY.

NO, I, YOU DEFENSING, BUT THIS IS SOMETHING THAT I'VE BEEN TOLD BY RESIDENTS THAT LAW ENFORCEMENT HAS SAID TO THEM.

YEAH, NOT SURE HOW LONG AGO IT WAS, BUT THERE, WE JUST RECENTLY GOT THOSE CELL PHONES FOR OUR OFFICERS IN THIS MOST RECENT BUDGET.

SO PRIOR TO THAT, OUR OFFICERS WERE NOT PROVIDED CELL PHONES, SO WE DIDN'T EXPECT THEM TO DOWNLOAD THE DECIMAL READER ON A, ON THEIR PERSONAL PHONES.

IT WASN'T REQUIRED.

AND WE HAD A HANDFUL OR A FEW OF THOSE DECIBEL READERS OVER THE YEARS.

I DON'T WANT TO SAY IF WE DIDN'T WORK OUR WAY DOWN TO ONE, TWO OR THREE YEARS AGO, BUT NOW THAT WE ISSUE DEPARTMENT ISSUED CELL PHONES, THAT'S PART OF THE APPS THEY CAN DOWNLOAD.

SO, SO AS OCTOBER 1ST, THIS PAST FISCAL YEAR, WE HAVE REMEDIATED THAT SITUATION.

YES, SIR.

FOR CERTAIN, FOR CERTAIN DURING THIS BUDGET AREA, SIR, AT A MINIMUM AS OF THIS YEAR.

YES, SIR.

SO THE 80 DECIBELS AT THE PROPERTY LINE RULE THAT EXISTS IN THE CITY OF KYLE, IS THAT NOT APPLICABLE IN CERTAIN AREAS OR WITH CERTAIN ZONINGS, IT CAN BE SERIOUS.

OR SO WE HAVE AN 85 DECIBEL, A MEASUREMENT THAT IS WITHIN OUR ORDINANCE IN CERTAIN SECTIONS AND REALLY THE CHALLENGE.

ISN'T SO MUCH AN OFFICER BEING ABLE TO GO OUT AND DETERMINE CERTAIN NOISES ARE UNREASONABLE.

WE HAVE THE WORD UNREASONABLE IN OUR ORDINANCE, UNREASONABLE AS IN THE STATE LAW STATE LAW EVEN MENTIONS THE 85 DECIBEL READING, UH, WHAT BECOMES MORE CHALLENGING FOR OFFICERS IS A BALANCE OF USE OF PROPERTY.

AND THEN, UH, WHAT'S REASONABLE AND VERSUS UNREASONABLE.

AND I'LL GIVE YOU A REALLY GOOD EXAMPLE, A RESIDENTIAL COMMUNITY THAT IS UNDER DEVELOPMENT THAT IS CERTAINLY GOING TO HAVE SOME EXCAVATION AND DIRT WORK, UH, AT 10:00 AM ON A BRIGHT AND SUNNY DAY.

UM, IT, IT BECOMES AN ISSUE OF ONE PROPERTY OWNER WHO LIVES NEARBY, WHO SAYS THAT, THAT NOISE FROM THAT BULLDOZER DOING THE DIRT WORK ON THE OTHER SIDE OF THE FENCE, IS THAT UNREASONABLE? OR IS IT NOT? THIS HOMEOWNER SAYS IT'S, IT'S INTERRUPTING MY DAILY HABIT IN MY HOUSE.

IT'S, IT'S TOO LOUD.

AND WE HAVE IN OUR ORDINANCE, THE ABILITY TO MAKE THAT DETERMINATION WITHOUT THE 85 DECIBELS, THE 85 DECIBELS REALLY IS A PRIMA FACIE EVIDENCE THAT WE CAN USE AFTER HOURS.

AND JUST SAY THAT IF NOISE AFTER CERTAIN HOURS IS ABOVE 85, GIVEN EVERYTHING ELSE THAT'S ILLEGAL, WE CAN JUST SAY, IT'S ILLEGAL.

WE CAN WRITE YOU A TICKET FOR IT THROUGHOUT THE REST OF THE ORDINANCE.

WE'RE KIND OF PUT IN THIS INTERPRETATION PERIOD AS AN OFFICER, IS THAT BULLDOZER AT 10:00 AM TOO LOUD FOR THE HOMEOWNER WHO LIVES NEARBY FOR THE HOUSING ADDITION, THAT THE CITY OBVIOUSLY APPROVED AT SOME POINT TO BE BUILT IN THE CITY.

AND DO WE WANT TO SAY YOU CAN'T BUILD THE ADDITION, YOU'VE GOT TO SHUT ALL THE BULLDOZERS OFF, OR DO WE WANT TO SAY HOMEOWNER, CAN YOU PUT UP WITH THIS FOR A DAY OR TWO OR THREE WHILE THEY BUILD A NEIGHBORHOOD? IT HAPPENED JUST RECENTLY ON THE SOUTH SIDE OF TOWN, ON A CITY PROJECT WHERE, UH, A CREW THAT IS DOING CITY BUSINESS WAS OUT BORING, UNDERGROUND, AND THEY WERE HAVING TO CONTINUE THEIR PROJECT THROUGH THE NIGHT.

IT'S A CITY PROJECT.

THERE'S A CAVEAT THAT SAYS, IF IT'S A CITY APPROVED PROJECT, YOU CAN WORK THROUGH THE NIGHT.

BUT TO THOSE HOMEOWNERS WHO CALLED THE POLICE DEPARTMENT DURING THE MIDDLE OF THE NIGHT, IT WAS UNREASONABLE.

SO OFFICERS ARE PUT IN THIS, WHAT'S THE RIGHT ANSWER.

DOES THE HOMEOWNER WHEN, AND WE STOP A CITY PROJECT AT MIDNIGHT, OR DO WE SAY IT'S JUST FOR ONE NIGHT, CAN YOU PUT UP WITH IT WHILE THEY DO THE BORING PROJECT? AND IT'LL BE OVER TOMORROW, OFFICERS GET PUT IN THAT SITUATION REGULARLY.

AND IT'S AN INTERPRETATION AND A BALANCE.

THAT'S THE TOUGHER QUESTION.

SO WE'RE GOING TO TRY TO BRING YOU BACK SOMETHING THAT MAYBE PUTS THOSE OFFICERS IN A BETTER POSITION TO READ A BLACK AND WHITE RULE AND SAY TO EVERYONE HERE IS THE RULE RATHER THAN TRYING TO MAKE THE DETERMINATION OF WHAT'S REASONABLE AND UNREASONABLE.

AND THAT'S THE CHALLENGE.

WELL THAT'S TO THE, TO CUSTOMER TOBY IS HIS POINT SOMETIMES THE HOUR OF THE DAY MATTERS.

SO IF WE CAN CREATE THAT POLICY, I THOUGHT WE ALREADY DID.

WE DO YES, SIR.

LOOK AT IT THOUGH FOR MUSIC CURRENT YEAR, YOU'RE CORRECT FOR MUSIC.

IT'S 10:00 PM TO 7:00 AM FOR WORK-RELATED PROJECT PROJECTS.

IT'S 9:00 PM TO 7:00 AM IS CONSIDERED

[05:10:01]

AN UNREASONABLE HOUR TO DO WORK.

UM, SO WE DO HAVE SOME TIME BRAINS.

WE DO HAVE SOME USE OF THE 85 DECIBEL AT THE PROPERTY LINE.

I'LL HAVE TO TELL YOU, UM, ESPECIALLY IN REGARDS TO MUSIC, UH, AND THIS HAS HAPPENED WHEN WE'VE HAD SOME OUTDOOR MUSIC FESTIVALS, RARELY DOES THE MUSIC EXCEED THE 85 DECIBELS AT THE PROPERTY LINE, BUT THAT DOESN'T MEAN THAT IT DOESN'T DISTURB THE NEIGHBORHOOD THREE OR FOUR BLOCKS AWAY, OR SOMETIMES SEVEN OR EIGHT BLOCKS AWAY BECAUSE OF THE BASE.

AND THE WAY BASS SOUNDS TRANSMIT AND BOUNCE OFF WINDOWS.

SO WE'VE ACTUALLY HAD NEIGHBORHOODS THAT WERE A HALF A MILE AWAY FROM THE ACTUAL MUSIC.

YOU COULD PICK ANY NUMBER OF PLACES THAT HAVE LOUD MUSIC AND YOU CAN BE ACROSS THE STREET AND HAVE 65 DECIBELS, BUT THEN GO THREE BLOCKS AWAY TO A COMPLAINING CITIZEN WHOSE WINDOWS ARE RATTLING BECAUSE OF THE WAY THE BASS RESONATES.

SO REALLY THERE'S A LOT OF BALANCE AND A LOT OF TRYING TO WORK WITH BOTH SIDES OF THAT.

AS AN OFFICER, IT'S NOT AN EASY ANSWER ON EVERY CALL.

SO IT SOUNDS LIKE SOME LOOKING INTO IT'S IN ORDER, WE'RE STARTING TO DO OUR BEST TO COME UP WITH SOME THINGS THAT WE THINK MAY HELP PUT OUR OFFICERS IN A BETTER SITUATION TO EXPLAIN IT TO BOTH SIDES AND MAKE IT VERY CLEAR.

IT'S PRETTY CLOSE.

AND JUST TO BE CLEAR, UH, THEY'RE ASLEEP AT 10 O'CLOCK THEY'RE BURNING DAYLIGHT.

SO, UH, IN THE MORNING, SO, YOU KNOW, 7, 7 30 SOMETHING TO LOOK AT, BUT WHEN THEY'RE STARTING, WHEN I'M GETTING COMPLAINTS FOR RESIDENTS THAT CONSTRUCTION STARTING AT SIX AND SIX 30, AND IT'S DISTURBING THEM, THAT'S WHEN IT WORRIES ME.

SURE, ABSOLUTELY.

AND 7:00 AM IS THE START TIME THAT THEY'RE SUPPOSED TO FOLLOW AND LET'S GIVE THEM SOME SPECIAL PERMISSION ON A CITY PROJECT AND WHATNOT.

AND WE WILL RESPOND TO THAT.

WE'LL GO OUT TO THE WORK SITE, WE'LL FIND THE FOREMAN OR WHOEVER'S IN CHARGE.

GIVE HIM THAT WARNING AT FIRST AND SAY, DON'T DO YOUR WORK BEFORE SEVEN.

AND IF THEY DO THAT, THEN WE'LL CITE THEM.

SO THEN WE SAT THE PERSON RESPONSIBLE FOR THE PROJECT.

ALL RIGHT.

WE STILL HAVE, UH, WE HAVE A MOTION ON THE TABLE ON THE FLOOR.

IS THERE ANY FURTHER DISCUSSION? ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES SEVEN TO ZERO.

THANKS, CHIEF.

[51. Discuss potential times for City Council to tour the Seguin Public Library. ~ J. Scott Sellers, City Manager]

UH, NEXT UP JEANETTE I'M 51 DISCUSS POTENTIAL TOMS FOR CITY COUNCIL TO TOUR THE SEGUIN PUBLIC LIBRARY.

OKAY.

COUNSEL, DURING A RECENT JOINT MEETING WITH THE LIBRARY BOARD, UH, THE SCENE LIBRARY WAS BROUGHT UP AS THE, THE POTENTIAL GOLD STANDARD IN THE REGION TO LOOK AT AND FOLLOW COUNCIL MEMBER PARSON TURNED TO ME AND SAID, I'D LOVE TO BE ABLE TO GO OUT TO HER THAT IF YOU CAN SET SOMETHING UP FOR COUNSELING.

SO I REACHED OUT TO THE CITY MANAGER, REACHED OUT TO THE LIBRARY DIRECTOR.

THEY'D BE MORE THAN HAPPY TO HAVE COUNCIL OUT THERE.

ANYBODY WHO WOULD LIKE TO FOR A TOUR AND JUST WANT TO KNOW WHEN YOU WOULD LIKE TO GO.

I KNOW WE'RE, UH, THE THREE POINT MAY THE SEVENTH IS A BAD DAY.

CAUSE THAT'S WHEN PAUL FEELINGS, DAUGHTER GRADUATES.

SO HE ASKED US TO AVOID THAT DATE SO WE COULD IT'D BE GREAT.

WELL, I DON'T KNOW THAT I, I DON'T KNOW THAT WE'LL BE ABLE TO NECESSARILY GET A DATE HERE UNLESS WE WANT TO GO THROUGH OUR CALENDARS AGAIN, BUT THAT WILL BE SOMETHING FOR PROBABLY A WEEKEND.

RIGHT? CAN WE DO IT ON A WEEKEND, A SATURDAY? PROBABLY DO IT ON A SATURDAY.

THE LIBRARY WOULD BE OPEN.

OH YEAH, YEAH.

WE CAN DO IT, ALL THAT ONES.

YEAH.

THAT'S WHAT I'M SAYING.

SEND AN EMAIL, ASK FOR RSVPS FOR THOSE INTERESTED AND THEN YOU CAN GO FROM THERE AND I'M SURE IT MIGHT EVEN BE A COUPLE OF TRIPS, YOU KNOW? I DON'T KNOW.

YEAH.

CAN WE, DO WE WANT TO GIVE DIRECTION ABOUT A POSSIBLE DATE FOR THE DOODLE? LIKE, DO WE WANT TO SAY APRIL OR MAY PROBABLY END THE VAPE THAT WE COULD STAY AWAY FROM MAY 7TH AND MAY 13TH.

OKAY.

I'LL BE GOOD.

UM, IS THAT, IS THAT CLEAR ENOUGH FOR ME? CAN WE DO IT YEAH.

IN THE LATTER PART OF MAY, BECAUSE IT LOOKS LIKE WE'RE GONNA BE DOING A LOT OF STUFF IN APRIL.

IF WE CAN JUST DO IT AFTER LIKE THE 21ST AND AFTER THAT IS PRETTY FAR, BUT MAYBE SATURDAY, APRIL 30TH OR SATURDAY, APRIL 30TH.

IT COULD ALSO JUST TAKE A TRIP DOWN.

DOES THE GAIN ON YOUR OWN AND I'M SURE THEY WOULD ACCOMMODATE YOU, BUT IF ANYBODY ELSE WANTED TO GO BY, NO, I THINK IT'S GREAT TO DO IT AS GROUPS, BUT I'M JUST SAYING TOO, IF, IF, SHOULD THEY BE HAPPY TO HAVE ANY OF US AT ANY POINT? WELL, MAYBE IS THERE ANY WAY THAT MAYBE A DOODLE CAN BE SENT AND WHOEVER WANTS TO GO TO THE DAY, THEN THEY WILL GO AND WHOEVER DOESN'T WANT TO GO, THEY JUST DON'T GO.

OKAY.

YEAH.

[XI. Executive Session]

UH, THAT, UH, SO NOW WE NEED TO DO EXECUTIVE SESSION.

UH, WE STILL HAVE, I THINK, TWO ITEMS, UM, SENIOR MANAGER CONTRACT AND AGENDA ITEM.

MR. .

NO,

[05:15:01]

I'M SORRY.

I'M TRYING TO FIND IT.

OKAY.

AGENDA ITEM NUMBER 44.

SO, UH, PURSUANT TO CHAPTER 5 51, TEXAS GOVERNMENT CODE CITY COUNCIL RESERVES THE RIGHT TO CONVENIENT TO EXECUTIVE SESSIONS FROM TIME TO TIME AS DEEMED NECESSARY THAT DURING THIS MEETING CITY COUNCIL MAY CONVENE INTO EXECUTIVE SESSION PURSUANT TO ANY LAWFUL EXCEPTION CONTAINED TO CHAPTER 5 51, THE TEXAS GOVERNMENT CODE, UH, INCLUDING ANY OR ALL OF THE FOLLOWING TOPICS.

UH, PERSONNEL MATTERS PURSUANT TO SECTION 5 51 0.07, FOUR CITY MANAGER CONTRACT AND AGENDA ITEM 44.

ALL RIGHT, I'M GOING TO CALL THIS MEETING BACK TO ORDER.

THERE WAS NO ACTION TAKEN DURING THE EXECUTIVE SESSION.

THERE WILL BE NO ACTION TAKEN NOW, UH, REGARDING AGENDA ITEM

[44. Consider and possible action regarding an ordinance amending Chapter 53(Zoning) of the City of Kyle, Texas, for the purpose of modifying Section 53-1230to restrict certain uses, and amend the zoning use chart. ~ Will Atkinson, SeniorPlanner]

NUMBER, UH, 44.

I'D LIKE TO MAKE A MOTION, UH, TO POSTPONE THIS ITEM AND DIRECT, UH, STAFF TO BRING IT BACK AT THE NEXT REGULARLY SCHEDULED MEETING, UH, MOVED BY THE MAYOR, SECONDED BY COUNCILOR FOR SCALES OR DISCUSSION WITH THE VOTE.

ALL IN FAVOR, SAY AYE.

AYE.

ALL OPPOSED.

MOTION CARRIES A FIVE TO ZERO.

UH, SORRY.

DECKS.

I MISSED YOU ON THAT ONE.

MOTION TO ADJOURN.

ALL RIGHT.

WE ARE ADJOURNED.