[00:00:01]
[I. Call Meeting to Order]
THE TIME IS 7:07 PM.IT IS TUESDAY, APRIL THE 19TH.
AND I'M GOING TO CALL THIS REGULARLY SCHEDULED MEETING TO ORDER WOULD ALL.
PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE.
I PLEDGE ALLEGIANCE TO THE FLAG STATES OF AMERICA.
MITCHELL RIZZO, ELLISON FLORES, KALE HERE, BRADSHAW HERE, PARSLEY HERE.
WE HAVE A QUORUM NEXT STEP APPROVAL
[II. Approval of Minutes]
OF THE MINUTES THERE.I'D LIKE TO MAKE A MOTION TO APPROVE THE MINUTES FOR A CITY COUNCIL, SPECIAL MEETING APRIL 5TH, 2022.
SO MOVED BY CUSTOMER A TO BE A SECOND TO BUY MY PROTEIN RESULTS OR DISCUSSION ON THE MOTION.
[III. Citizen Comment Period with City Council]
AT THIS TIME, WE ASK ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK ON ANY ITEM TO PLEASE DO.SO WE ASK THAT YOU LIMIT YOUR COMMENTS TO THREE MINUTES AND THAT YOU DIRECT THOSE COMMENTS TO THE MAYOR AND COUNCIL.
WE ALSO ASK THAT YOU FILL OUT A CITIZEN COMMENTS FORM AND SUBMIT THAT TO EITHER MYSELF OR THE CITY SECRETARY.
UH, I HAVE QUITE A FEW, UH, FOLKS MORE THAN NORMAL, WHO, WHO WERE REGISTERED TO SPEAK.
UH, SO WHEN THE TIMER FOR THREE MINUTES GOES OFF, PLEASE DO CONCLUDE YOUR, UH, YOUR REMARKS.
SO FIRST UP IS, UH, DIANA WIT MR. CHAPPELL IS A LOVELY GUY, HONORABLE MAYOR AND COUNCIL.
I LIVE AT 1 25 TORI DRIVE YOU TO TEXAS ON MARCH 1ST, I CAME TO A PUBLIC HEARING SCHEDULED BY THE PLANNING AND ZONING COMMISSION.
AFTER BEING SENT A CERTIFIED LETTER IN NOTIFI FIVE MAY HAVE A ZONING CHANGE OF THE SAME PROPERTY, WHICH IS BEING CONSIDERED FOR ANNEXATION TONIGHT AND PORTER COUNTRY.
THAT HEARING AS YOU MAY BE AWARE, WAS AN ERROR OF LAW AND PROCEDURE ON APRIL 7TH AND AGENT ACTING ON BEHALF OF BUDA MANSION OWNED BY BUDA MANSIONS OWNED BY 4,000 DACEY LANE INVESTMENT WHO SHARES A MISA BOUNDS CORNER PROPERTY WITH BOTH MY PROPERTY AND PORTER COUNTRY CLIMBED OVER AND DAMAGED MY BACK FENCE.
THEY INJECTED A PERMANENT IRON GROUND STAKE PROPERTY MARKER WITH, UH, WITHIN, UM, 20, UH, 20 FEET INSIDE MY PROPERTY, REMOVE THE PINK SURVEY OR MARK A MARKER TAPE FROM THE PREVIOUS MEETS AND BOUNDS CORNER MARKET, WHICH HAD MARKER HAD BEEN SURVEYED MULTIPLE TIMES OVER THE LAST 30 YEARS AND ALTERED THE PROPERTY CORNER BY ALMOST 20 FEET BETWEEN OUR THREE PROPERTIES.
THERE WAS NO PERMISSION REQUESTED OR GIVEN OF ME GIVEN BY ME, I'VE SPOKEN WITH HAYES COUNTY DEVELOPMENT STAFF.
I'VE SPOKEN WITH HAYES COUNTY ROADS DEPARTMENT, THE CENTRAL APPRAISAL DISTRICT IN PRECINCT TWO COMMISSIONER'S OFFICE AND EACH ENTRY, EACH ENTITY INDICATES THEY DID NOT AUTHORIZE THE DIRECTORS ACTION, THE RESULTS, HOWEVER, DO APPEAR TO REPRESENT AN ALTERATION OF THE MEETS AND BOUNDS DESCRIPTION OF THE FILE D FOR MATURE WORKING WITH TONIGHT IN CONSIDERATION OF YOUR ACTION, UH, YOUR ANNEXATION ACTION, THE MATES AND BOUND ALSO ALTERATION WOULD TAKE A PORTION OF MY PROPERTY FOR THE ROAD THAT BOTH PORTER COUNTRY, YOU TO MANSIONS.
AND THE CITY OF KYLE HAS DRAWN THROUGH THE PLUG PLUG, FRED PLAINS, EXCUSE ME, AND THE SOUTHEASTERN PORTION OF MY PROPERTY.
THIS ALTERATION WAS PERFORMED WHILE UNLAWFULLY TRESPASSING ON PRIVATE PROPERTY FOR THE RECORD, UH, HERE TONIGHT, JUST FOR THE RECORD, I HAVE NOT PETITIONED FOR VOLUNTARY ANNEXATION OF ANY PORTION OF MY PROPERTY BY THE CITY OF KYLE.
I'VE NOT BEEN PROPERLY NOTIFIED AS IT IS REQUIRED BY LAW OF THE TAKING OF PROPERTY.
IF THIS IS THE INTENTION, THIS WOULD BE PROCEDURALLY UNLAWFUL.
AND JUST TO ME, AS A UNJUST TO ME AS A LANDOWNER, THE AGENT WHO PERFORMED THIS WAS ACTING ON BEHALF OF BUDA MANSIONS, WHO IN TURN SEEMS TO BE ACTING PERHAPS AS AN AGENT OF THE CITY OF KYLE, THERE IS NO POLITICAL, OTHER POLITICAL ENTITY WHO HAS ASSUMED RESPONSIBILITY FOR THIS ALTERATION.
THE SURVEY FILED AND THAT AS BEING CONSIDERATION IN YOUR ANNEXATION ACTION, UH, ITEMS 30 AND 31 HAS BEEN ALTERED AND IT WOULD BE IMPROPER FOR THIS BODY TO APPROVE THE ANNEXATION OF PORTER COUNTRY AT FIRST READING, OR TO CONSIDER FUTURE ANNEXATION BY THE DEVELOPER OF BUDA MANSIONS WITHOUT PROPERLY ADDRESSING THE ALTERATION OF METES AND BOUNDS WITH MY PROPERTY AT 1 25 TORY DRIVE.
OUR NEXT STEP, UH, ALEXANDRA VIA LOBOS.
MAYOR COUNCIL, CITIZENS OF KYLE.
I'M HERE TO SAY A FEW WORDS OF A CORNERSTONE CITIZEN IN OUR COMMUNITY.
AS WE LIVE OUR LIVES, WE SHOULD ALL RECOGNIZE THOSE THAT HAVE GONE BEFORE US
[00:05:01]
WHO HAVE PUT IN THE WORK TO CREATE OPPORTUNITIES FOR ALL PEOPLE, ESPECIALLY IN OUR COMMUNITY AT AMANDO CHAPA, A LONG-TIME EDUCATOR, PRINCIPAL, AND A COUNSELOR IN HAYES COUNTY WHO RESIDED HERE IN THE CITY OF KYLE CHAMPION ADVOCACY AND EDUCATION FOR ALL CHILDREN.AND THOSE THAT WERE BLESSED TO EXPERIENCE HIS LEADERSHIP.
MR. CHAPA WAS A BEACON OF LIGHT FOR MANY GENERATIONS AND MANY FIRST-GENERATION STUDENTS.
AS HE LED TRANSITIONED AND HELP TRANSFORM OUR COMMUNITY TO CREATE OPPORTUNITIES FOR ALL PEOPLE.
MANY OF THOSE THAT ARE SERVING TODAY, AND MANY OF THOSE SERVED IN THE PAST HAVE BEEN INFLUENCED BY HIS LEADERSHIP, HIS EDUCATION, HIS ADVOCACY, HIS ACCESS TO GOVERNMENT HAS ACCESS TO EDUCATION.
WE WOULD BE REMISS IF WE DIDN'T RECOGNIZE THAT THERE ARE TOO MANY PEOPLE TO COUNT WHO HAVE BENEFITED FROM MR. CHOPPAS INFLUENCE HIS WORK CREATED OPPORTUNITIES THROUGH EDUCATION, ADEQUACY, AND GUIDANCE, GLOBALLY.
MANY WHO HAVE HAD THE OPPORTUNITY TO BE INFLUENCED BY MR. CHAPA, THEIR HARD WORK HONORS AND CONTINUES TO SUPPORT A LEGACY OF EDUCATION, ADEQUACY AND OPPORTUNITY.
HIS FAMILY MEMBERS ARE STILL PART OF THAT PROCESS AND STILL INFLUENCE THIS COMMUNITY ON A DAILY BASIS.
HIS PROMOTION OF ACCESS TO GOVERNMENT AND EDUCATION STILL TODAY HAS SUPPORTED THEIR ABILITY AND TO UNDERSTAND THEIR GOD GIVEN RIGHT TO ACCESS GOVERNMENT AND EDUCATION.
THEY'RE STILL VERY ACTIVE ABOUT THAT TODAY.
MANY IN THIS AUDIENCE ONLINE AND THROUGHOUT THE WORLD HAVE BEEN INFLUENCED BY HIS, HIS GUIDANCE AND EDUCATION ADVOCACY.
MR. CHAPA IS THE EPITOME OF LEAVING THE COMMUNITY BETTER THAN WHEN HE FOUND IT AND NOT TOO FAR BACK IN HISTORY.
THE LANDSCAPE OF THE EDUCATIONAL PROCESS AND ACCESS OUR COMMUNITY WAS TRANSFORMED.
HE WAS A PART OF THAT TRANSFORMATION.
HIS LEADERSHIP NEVER GAVE UP ON OUR COMMUNITY AND WITH DETERMINATION, FOUND OPPORTUNITIES FOR SUCCESS, GOVERNMENT ECONOMIC DEVELOPMENT, EDUCATION ACCESS, THANK YOU FOR YOUR LIFE.
WE HONOR YOU THROUGH OUR WORK AND CELEBRATING A WELL LIVED LIFE WITH FAMILY AND FRIENDS FROM ALL OVER.
THANK YOU TO THE FAMILY SPECIFICALLY WHO ARE HERE TODAY AND CELEBRATING HIS LIFE AND CONTINUE TO ENRICH MR. CHAPA, HIS LEGACY THROUGH ALL OF OUR WORK.
THANK YOU FOR SHARING HIM WITH ALL OF US.
AND FOR YEARS AND DECADES IN THE FUTURE, WE'RE STILL THINKING WE SHOULD NEVER FORGET THAT INFLUENCE.
THANK YOU VERY MUCH FOR THAT OPPORTUNITY.
SCOTT SELLERS HAS A PRIVATE BUSINESS.
MAYOR MITCHELL HAS ENDORSED THEIR BUSINESS.
AND AS PART OF THEIR ADVERTISING CAMPAIGN, RICK COACH SPENT $12,239 OF TAXPAYER MONEY ON HIS CITY CREDIT CARD AND REIMBURSEMENTS.
AND HE WAS ONLY A ONE-TERM COUNCIL MEMBER.
AND COUNCIL MEMBER BRADSHAW SPENT 2,677.
THE THREE OF THEM ACCOUNT FOR 84% OF THE SPENDING DONE BY ALL SEVEN COUNCIL MEMBERS OVER THE LAST TWO YEARS, THAT IS NOT TAKING INTO ACCOUNT.
ALL THE SPENDING, THE CITY MANAGER HAD ON HIS CREDIT CARD, SIMPLY LABELED COUNCIL.
HOW MUCH OF THAT SPENDING WAS DONE FOR THE SAME THREE? THE CITY MANAGER'S SPENDING AND REIMBURSEMENTS HAS GONE UP FROM 9,385 IN 20 22, 60 1,735 IN 2021.
THE SAME NAMES KEEP POPPING UP AGAIN.
AND AGAIN, RICK COACH INITIALLY FAILED TO PROPERLY DISCLOSE THAT HE WAS ENDORSING HIS BROTHER-IN-LAW ALEX GUERRERA FOR P AND Z BOARD MAYOR MITCHELL SOLD HIS COMMERCIAL PROPERTY LAST YEAR TO DAVID MON, WHO IS THE ORIGINAL DEVELOPER OF PLUM CREEK.
AND HE WAS ALSO THE DEVELOPER OF UPTOWN, WHICH IS NOW KNOWN AS THE BRICK AND MORTAR DISTRICT.
THERE WILL BE AN OPPORTUNITY TO LIE AND COVER FOR EACH OTHER.
IT HAS HAPPENED BEFORE WHEN THE CITY MANAGER WAS ASKED, IF HE WAS AWARE OF AN INCIDENT INVOLVING COWER KOONS, HE LIED AND SAID, NO.
HE WAS AWARE OF THE MEETING WHERE THE MAYOR AND RICK COACH MADE MR. COONS FEEL HIS JOB WAS THREATENED.
HE MET WITH THE CITY ATTORNEY AND THEY BROUGHT IN COUNCIL MEMBER ELLISON TO TRY AND WORK IT OUT WITH MR. COONS.
THAT'S A LOT OF EFFORT FOR SOMETHING HE WAS NOT TOLD ABOUT AT THE SAME MEETING COUNCIL MEMBER, COACH, AND MAYOR MITCHELL CLAIMED THE MEETING WITH MR. COONS WAS ABOUT THE PNC BOARD MEMBERS THAT QUIT ONLY PROBLEM WITH THAT STORY IS THE MEETING IN QUESTION HAPPENED IN JANUARY OF 21 AND THE P AND Z BOARD MEMBERS RESIGNED IN MARCH AND APRIL OF 21.
SO EITHER THEY HAVE A TIME MACHINE OR THOSE STATEMENTS WERE A LIE.
THE CITY MANAGER WAS PROTECTING MAYOR MITCHELL AND RICK COACH, AND PLACE THEM ABOVE HIS DUTY TO THE CITY.
WHEN SOMEONE SAID THE WORD INTEGRITY, YOU LITERALLY LAUGHED IN YOUR FACE.
[00:10:01]
IN THIS CASE, WE CANNOT COUNT ON INTEGRITY FOR PEOPLE TO SIMPLY DO THE RIGHT THING.WE ALL KNOW HOW CLOSELY MAYOR MITCHELL CITY MANAGER, SCOTT SELLERS, RICK COACH, AND COUNCIL MEMBER BRADSHAW WORKED TOGETHER AND HAVE THE SAME IDEAS AND IDEALS.
NOW WE'LL SEE IF THEY ALL BAND TOGETHER AND FABRICATE MORE STORIES WILL MAKE IT SEEM POSSIBLE THAT THEY DIDN'T BREAK ANY RULES.
THEY CAN CLAIM THIS GUY HAD HIS BUSINESS APPROVED IN 21.
THEY CAN CLAIM THAT RICK COACH WAS NOT INVOLVED UNTIL AFTER HE LOST HIS ELECTION AND THAT HE HAD NO INTENTION OF DOING SO WHEN HE VOTED TO APPROVE THIS BUSINESS, THAT THEY ARE PARTNERED IN, THEY CAN CLAIM THEY TOOK THE MAYOR'S WORDS WITHOUT HIS APPROVAL OR KNOWLEDGE AND PRINTED THEM ON THEIR SALES MATERIAL.
MAYBE NO ONE BOTHERED TO ASK HIM IF IT WAS OKAY TO USE HIS NAME ON THEIR MARKETING, HE CAN CLAIM HE HAS NOTHING TO DO WITH THEIR BUSINESS.
IT DOES APPEAR THAT ALL THREE ARE IN A BUSINESS TOGETHER, NEGOTIATING ON BEHALF OF OTHER CITIES WITH THE SAME COMPANIES THAT THEY ARE BUSY NEGOTIATING WITH ON BEHALF OF THE CITY OF KYLE, THIS CAN GET CONFUSING OR WORSE INTENTIONALLY MISUSED EITHER.
THIS IS A LONG LIST OF COINCIDENTAL AND QUESTIONABLE, BUT NOT QUITE ILLEGAL ACTIVITIES.
OR YOU HAVE A CITY MANAGER THAT PERSONALLY FINANCIALLY BENEFITS AT THE EXPENSE OF THE CITY WITH A HISTORY OF PROTECTING CERTAIN INDIVIDUALS THAT ARE BUSY DOING THE SAME COUNCIL MEMBERS.
YOU HAVE A LEGAL DUTY TO ACT IN THE BEST INTEREST OF THE CITY, NOT YOUR OWN.
AND IT DOES NOT MATTER IF YOU'RE NOT THE BAD ACTOR.
IF YOU'RE AWARE THAT IT'S HAPPENING AND YOU DO NOTHING, YOU ARE LIABLE.
I'M A RESIDENT OF AMBERWOOD AND I'M HERE TO TALK ABOUT MONARCH UTILITIES.
WE HAVE ALWAYS HAD MONARCH UTILITIES.
UM, THE, WE HAVE A LONG HISTORY AND THERE'S A LONG HISTORY OF ME SPEAKING OUT TONIGHT.
WHAT I'M CONCERNED ABOUT IS THE CURRENT UPCOMING CRON TRACKS.
WE HAVE COST DIFFERENCES IN THE CITY OF KYLE.
IF YOU USE 10,000 GALLONS, YOU WILL BE CHARGED $61 AND 46 CENTS.
I WILL BE CHARGED $75 AND 52 CENTS FOR THE SAME AMOUNT OF WATER.
THIS AMOUNTS TO A $14 AND 6 CENTS A MONTH, $168 AND 72 CENTS A YEAR.
I WANT TO KNOW WHY WE HAVE TO PAY SO MUCH.
I'M DISAPPOINTED THAT NOTHING HAS CHANGED WITH THE WATER RATES THAT MONARCH IS ASKING.
YOU'RE GOING TO GUARANTEE THEM A 3% RAISE EVERY SINGLE YEAR DUE TO THE ECONOMY AND DUE TO THINGS THAT ARE HAPPENING RIGHT NOW, THEY BASED THEIR RES ON THE CPI OF URBAN CONSUMERS OF SOUTH REGION.
AND THIS CALCULATION GOES FOR THEIR RATE INCREASE.
THIS TABLE INCLUDES FOOD, TRAVEL CLOTHING, AND ALL OF THE CONSUMER COSTS.
WHY IS A WATER PROVIDER USING THIS TABLE TO BASE THEIR RATES ON WHY IS A WATER COMPANY NOT USING THE COST OF DISTRIBUTION? THE COST OF WATER, THE COST OF DOING BUSINESS IN WATER, WHERE DOES MONARCH GET THEIR WATER? WHO SUPPLIES IT? AND WHAT IS THE COST TO THEM? DOES THE CITY OF KYLE BASE WATER RATES ON THE COST OF MEALS AT RESTAURANTS, THE COST OF SHOES AND CLOTHING, THESE ITEMS ARE CONSIDERED FOR MY WATER RATE.
THE CORE INFLATION RATES DO NOT INCLUDE FOOD AND ENERGY.
WHY DOES MY WATER RATE INCLUDE THESE ITEMS? I WOULD LIKE TO THANK YOU FOR INCLUDING ITEM 11, 12, AND 13 IN THE CONTRACT.
WE'VE BEEN ASKING FOR THIS FOR 15 YEARS IN ORDER TO STABILIZE OUR WASTEWATER RATE, WHICH IS ONE OF THE HIGHEST IN THE CITY.
SINCE WE PAY A FLAT RATE AND WE PAY OVER $50 A MONTH AND I ONLY USE 3000 GALLONS OF WATER.
SO I'M, I'M DISAPPOINTED THAT THIS CONTRACT WAS PULLED AND YOU CHANGED VIRTUALLY NOTHING.
MONARCH IS TOTALLY GUARANTEED AND THEY WILL END UP AT THE END OF THIS FIVE YEARS WITH AN AVERAGE 5.8% NET INCREASE.
NEXT UP, UH, GAY PARSLEY, GOOD EVENING, MAYOR MITCHELL MEMBERS OF THE CITY COUNCIL.
I WANT TO START OFF BY THANKING YOU ALL FOR YOUR WILLINGNESS TO DEVOTE SO MUCH OF YOUR TIME AND YOUR ENERGY TO MAKING OUR CITY SUCH A GREAT PLACE TO LIVE AND WORK AND TO RAISE A FAMILY.
SO I THANK YOU VERY MUCH FOR THAT, WITH THAT IN MIND, THE TOPIC THAT I'M ABOUT TO BRING UP, UM, IS SOLELY FOR THE PURPOSE OF PURPOSES OF ACCENTUATING WHAT I BELIEVE TO BE THE NEED FOR, UH, INCREASED FINANCIAL TRANSPARENCY AND, UH, WELL SCRUTINY OVER, UH, SOME OF THE EXPENDITURES ON THE PART OF THE CITY COUNCIL AND SENIOR MEMBERS
[00:15:01]
OF THE CITY STAFF RECENTLY PUBLISHED A FINANCIAL DISCLOSURE.SO THAT SHOW THE FOLLOWING EXPENDITURES AND REIMBURSEMENTS PER CITY COUNCIL MEMBER OVER ROUGHLY THE PAST FIVE YEARS, MAYOR MITCHELL 9,676 COUNCIL MEMBER FLORES KALE 1,829 COUNCIL MEMBER ELLISON, 1,933 COUNCIL MEMBER TO BE AS $175 COUNCIL MEMBER RIZZO, $2,558 COUNCIL MEMBER PARSLEY, $112.
COUNCIL MEMBER BRADSHAW, $3,301 FORMER COUNCIL MEMBER SHIELD $245 FORMER COUNCIL MEMBER TO NOTARIO $381 FORMER COUNCIL MEMBER COACH, $15,731, INCLUDING OVER 130 MEAL CHARGES, MORE THAN TWO DOZEN FUEL CHARGES AND THREE CHARGES FROM GOLF COURSES OVER THE PAST SIX MONTHS ALONE.
SO WITH THAT IN MIND, THE QUESTIONS THAT I WOULD LIKE TO RAISE ARE NUMBER ONE, CONSIDERING THERE ARE ONLY SEVEN CITY COUNCIL MEMBERS, INCLUDING THE MAYOR, HOW'S IT JUSTIFIABLE THAT ONE CITY COUNCIL MEMBERS EXPENDITURES ACCOUNT FOR OVER 40% OF ALL THE TOTAL EXPENDITURES ON THE POWER PART OF THE CITY COUNCIL QUESTION NUMBER TWO AND MORE IMPORTANTLY, WHICH OF ANY OF THE, FOR CURRENT OR FORMER CITY COUNCIL MEMBERS WERE AWARE OF THESE EXPENDITURES AND WHAT WAS DONE TO REMEDIATE THEM THIRD, WHICH CITY COUNCIL OR WHICH, UH, EMPLOYEES FROM THE CITY, UH, FROM THE, UH, UH, OF, UH, WHICH, UH, KYLE EMPLOYEES FAILED TO REPORT, OR EVEN QUESTION THIS, I KNOW THAT RECEIPTS HAD TO BE TURNED IN.
SO OBVIOUSLY PEOPLE WERE AWARE OF THESE EXPENDITURES.
SO IN CLOSING, UM, CITY COUNCIL MEMBERS ARE ELECTED TO REPRESENT THEIR CONSTITUENTS, WHICH ARE THE TAX PAYING CITIZENS OF THEIR MUNICIPALITY.
THEY ARE NOT ELECTED TO USE TAXPAYERS' FUNDS TO SPEND LAVISHLY ON THEMSELVES.
IF THESE FINANCIAL DISCLOSURES DEMONSTRATE ANYTHING, IS THAT THE STRINGENT OVERSIGHT OF ALL PUBLICLY ELECTED OFFICIALS MUST BE ENACTED IMMEDIATELY.
AND ALL EXPENDITURES MUST BE MADE PLAINLY ACCESSIBLE TO THE TAXPAYERS WHO ARE ULTIMATELY FOOTING THE BILL FOR THIS.
IT'S BEEN A WHILE SINCE I'VE BEEN HERE AND, UH, I GUESS NOTHING HAS GOTTEN ANY CALMER.
UM, I'M HERE TO TALK ABOUT OUR WATER ISSUE OVER IN KYLE, TEXAS, WATER UTILITIES, MONARCH, WHATEVER YOU WANT TO CALL IT.
I KNOW IT'S HARD TO NEGOTIATE CONTRACTS AND EXTENSIONS.
I MEAN, I GET THIS, I'VE DONE IT.
WHAT I'M ASKING YOU GUYS TO DO IS THINK ABOUT THOSE OF US WHO ARE MAYBE OVER IN THERE.
AND I ONLY USED MAYBE A THOUSAND GALLONS A MONTH BECAUSE MY ATTITUDE IS, IF YOU CAN'T EAT IT, DON'T WATER IT, BUT THAT'S JUST ME.
I WANT YOU GUYS TO, TO KIND OF BACK OFF, THINK ABOUT WHAT THE ACTUAL AMOUNT OF MONEY IS THAT IT IS OKAY FOR A CITY TO PAY FOR ANOTHER PART OF THE CITY'S WATER.
UM, I GUESS YOU PROBABLY ALL KNOW THAT THE CITY HAD A CHANCE TO BUY THE UTILITY BACK IN HALL SIX.
UM, AND DIDN'T, AND SO HERE WE SIT, WE HAVE TO NEGOTIATE CONTRACTS WITH THEM.
I'D LIKE YOU TO BACK OFF, JUST PULL IT BACK.
THINK A LITTLE BIT MORE ABOUT THOSE OF US WHO LIVE OVER THERE AND USE THE WATER.
UM, PERHAPS THE AMOUNT THAT THEY'RE ASKING IS NOT QUITE AS FAIR AS IT SHOULD BE TO THOSE OF US OVER THERE.
AND THAT'S ALL I'M, I'M JUST SAYING JUST, JUST BACK OFF, THINK ABOUT IT.
UH, NEXT STEP, JEREMY GARRETT.
UH, MY NAME'S JEREMY GARRETT AND I LIVE AT 5 0 8 WEST CENTER STREET WHERE I ALSO SERVE AS THE WRITER IN RESIDENCE AT THE CATHERINE AND PORTER LITERARY CENTER.
UM, I WAS VERY EXCITED TO TUNE INTO CITY COUNCIL LAST WEEK AND WITNESSED THE FORMATION OF THE KYLE ARTS COMMISSION.
UM, ART REALLY HAS THE POTENTIAL TO BRING PEOPLE TOGETHER REGARDLESS OF THEIR POLITICS.
AND THE FORMATION OF THIS COMMISSION WAS AN OVERDUE AND VERY WELCOME STEP TO ENCOURAGE THE ARTS AND OUR GROWING CITY.
UM, I AM HERE TONIGHT TO REMIND OUR COUNCIL AND THE LOCAL COMMUNITY THAT
[00:20:01]
THE ARTS, ESPECIALLY THE LITERARY ARTS.HAVEN'T BEEN A LONG TIME FIXTURE IN OUR CITY IN 2007, THE MAYOR AND OUR CITY COUNCIL HONORED THE CATHERINE AND PORTER LITERARY CENTER WITH A PROCLAMATION THAT RECOGNIZED OUR CITY'S LONG HISTORY WITH THE ARTS AS THE CHILDHOOD HOME OF CATHERINE AND PORTER.
UM, THE PROCLAMATION ENDS WITH THIS VERY BEAUTIFUL CALL TO OUR CITIZENS.
IT SAYS TO CELEBRATE AND PROMOTE THE ARTS AND CULTURE IN OUR NATION, AND TO SPECIFICALLY ENCOURAGE THE GREATER PARTICIPATION BY THOSE CEDS CITIZENS AND TAKING ACTION FOR THE ARTS AND THE HUMANITIES, UH, FOR MORE THAN TWO DECADES, THE AND PORTER LITERARY CENTER HAS DONE EXACTLY THAT, MAKING IT OUR MISSION TO ENCOURAGE THE LAR ARTS IN OUR LOCAL COMMUNITY.
AND OUR 22 YEARS, THE CENTER HAS HOSTED COUNTLESS WRITERS OF POETRY AND FICTION FROM WINNERS OF THE NATIONAL BOOK AWARD TO THE PULITZER PRIZE, UH, FROM OUR TEXAS POET LAUREATES TO THE POET LAUREATE OF THE UNITED STATES OF AMERICA.
OUR READINGS ARE FREE AND OPEN TO THE PUBLIC, UH, AS IT IS OUR BELIEF THAT ART SHOULD BE IN AS ACCESSIBLE TO EVERYONE.
UH, LAST NIGHT, THE KATHERINE AND PORTER LITERARY CENTER RECEIVED NATIONAL NEWS COVERAGE.
WHEN PBS NEWSHOUR REPORTED FROM THE CITY OF KYLE HIGHLIGHTING THE IMPORTANCE OF THE ARTS AND THE HEALING POWER OF ART IN THESE UNCERTAIN TIMES, UH, REGARDLESS OF WAR, REGARDLESS OF PANDEMICS, UH, ART PERSISTS FOR OUR 22 YEARS OF THE KATHERINE AND PORTER LITERARY CENTER HAS BEEN SINGING THE PRAISES OF THE LIFE AFFIRMING POWER OF THE ARTS.
AND I'M EAGER TO SEE HOW THE CITY WITH ITS NEWLY FORMED ARTS COMMISSION WILL JOIN ITS VOICE TO THE CHOIR.
UH, MARK YOUR CALENDARS, UH, THIS FRIDAY, APRIL 22ND AT 7:30 PM.
I INVITE YOU IN THE CITIZENS OF KYLE TO JOIN US AT THE CATHERINE AND PORTER HOUSE FOR AN EVENING OF POETRY WITH AUTHOR JOY.
HARJO THE POET LAUREATE OF THE UNITED STATES OF AMERICA.
JOY IS AN INTERNATIONALLY RENOWNED PERFORMER AND WRITER OF THE MUSKOGEE CREEK NATION, THE AUTHOR OF NINE BOOKS OF POETRY AND TWO MEMOIRS.
AND SHE'S PRODUCED SEVEN AWARD WINNING MUSIC ALBUMS. THIS IS AN EVENING.
MY NAME IS LAILA KNIGHT NUMBER RESIDENT OF KYLE, AND I'M HERE TO NOT REPRESENTING THE HAYES COUNTY HISTORICAL COMMISSION.
WE WANTED TO MAKE YOU AWARE OF ONE OF OUR PROJECTS THAT WILL BE TAKING PLACE HERE IN KYLE VERY SOON BETWEEN 1992 AND 1996, THE HAYES COUNTY HISTORICAL COMMISSION SURVEYED ALL OF THIS STORK BUILDINGS IN ICE COUNTY, EXCEPT FOR SAN MARCUS.
UH, WE DID THE CITY OF KYLE IN 1994 AND IT DOCUMENTED ALL THE HISTORIC BUILDINGS TO 1945, BUT 1994 WAS A LONG TIME AGO.
THERE PROBABLY PEOPLE IN THIS ROOM.
AND, UH, ONE OF THE FIRST CRITERIA, AND THERE ARE MANY, UH, FOR DETERMINING WHAT IS A HISTORIC BUILDING IS 50 YEARS OF AGE.
SO WE'RE GOING TO BE TAKING, WE'RE GOING TO BE RE SURVEYING THE CITY, UH, USING UGLY VOLUNTEERS RATHER THAN HIRING A CONSULTANT.
AND, UM, I WANTED YOU TO BE AWARE OF THAT.
MOST OF THIS WILL TAKE PLACE IN THE ORIGINAL TOWN OF KYLE, BECAUSE MOST OF OUR SUBDIVISIONS ARE MUCH LATER THAN EVEN THE 1990S.
UM, I ALSO WANT TO MAKE YOU AWARE THAT THIS SURVEY IS FOR DOCUMENTATION ONLY.
IT WILL NOT RESULT IN ANY HISTORIC DESIGNATIONS.
THERE'LL BE NO REGULATORY, UH, RESULTS FROM IT, BUT IT MIGHT BE USEFUL TO PROPERTY OWNERS WHO DO WANT TO SEEK A STATE OR NATIONAL DESIGNATION THAT WILL GIVE THEM TAX INCENTIVES, BOTH ON THE FEDERAL AND THE STATE LEVEL.
UM, AND IT'S ALSO GONNA GIVE US A NICE RECORD OF WHAT WE'VE LOST SINCE 1994 AND THE BUILDINGS THAT HAVE SINCE 1994 BECOME HISTORIC.
UM, AND SO I JUST WANTED TO MAKE YOU AWARE THAT THAT'S WHAT WE'RE GOING TO BE DOING.
ALL VOLUNTEERS WILL BE WORKING IN TEAMS OF TWO.
WE COULD USE MORE VOLUNTEERS AND I HAVE TALKED TO THE CHIEF OF POLICE TO MAKE HIM AWARE, UH, THAT THERE MIGHT BE PEOPLE OUT WONDERING THE
[00:25:01]
CITY.UH, WE STAY ON THE RIGHT OF WAY.
WE'RE NOT GOING TO BE KNOCKING ON DOORS.
AND OF COURSE WE WOULDN'T, WE DON'T DO INTERIORS.
SO, UM, ANYWAY, I JUST WANTED TO GIVE YOU A HEADS UP THAT THAT'S GOING TO BE ONE OF OUR PROJECTS AND WITH ANY LUCK, WE'LL HAVE IT FINISHED BY THE END OF THE YEAR.
AND WE WILL BE GIVING OF COURSE, A COPY OF THE REPORT, UM, TO, UH, THE CITY, AS WELL AS PLACING IT IN THE LIBRARY.
AND IT WILL ALSO BE ON FILE OF THE TEXAS HISTORICAL COMMISSION AS IS THIS ONE.
UH, GOOD EVENING MAYOR COUNCIL.
MY NAME IS MARIO PEREZ FOR THE RECORD CAL RESIDENT.
UM, I WANTED TO COMMENT ON AGENDA ITEM NUMBER 39.
IT'S ACTUALLY PERTAINING TO THE SAVANNAH RANCH DEVELOPMENT.
UM, JUST REAL QUICKLY, I'M GOING TO HIGHLIGHT SOME OF THE, THE CRITERIA THAT ARE REQUIRED TO CREATE THIS TERSE, UH, IN THIS AREA.
SO TO BE DESIGNATED AS A REINVESTMENT ZONE IN AN AREA, MUST SUBSTANTIALLY ARREST OR IMPAIR THE S THE SOUND GROWTH OF THE MUNICIPALITY DUE TO THE PRESENCE OF THE FOLLOWING, A, A SUBSTANTIAL NUMBER OF SUBSTANDARD OR DETERIORATED STRUCTURES, B TAX OR SPECIAL ASSESSMENT DELINQUENCY EXCEEDING THE FAIR VALUE OF THE LAND.
SEE DEFECTIVE OR INADEQUATE SIDEWALKS OR STREETS DE FAULTY LOT LAYOUT IN RELATION TO SIZE ADEQUACY THAT SAYS ABILITY OR USEFULNESS, IE, UNSANITARY, OR UNSAFE CONDITIONS, DEV DETERIORATION OF SITE, OR OTHER IMPROVEMENTS AND GI CONDITIONS THAT ENDANGERED THE LIFE OR PROPERTY BY FIRE OR OTHER COSTS OR ANY COMBINATION OF THE FOLLOWING FACTORS BE IN A FEDERALLY ASSISTED IN THE COMMUNITY, IN A HOME RULE CITY OR ADJACENT TO A FEDERALLY ASSISTED NEW COMMUNITY, BE LOCATED IN A HOME RULE CITY D PRIMARILY DUE TO OBSOLETE PLANNING, DETERIORATED STRUCTURES IN PAIRING OR ARRESTING GROWTH, AND FINALLY ENCOMPASSED SIGNS, BILLBOARDS, OR OTHER, OR OUTDOOR ADVERTISING STRUCTURES, THE GOVERNING BODY OF THE CITY.
THE SAVANNAH RANCH AREA IS NOT INAPPROPRIATE PLACE FOR SUCH TEXTS, INCREMENT AND ZONE, BECAUSE IT'S CLEARLY NOT A BLIGHT AREA.
THIS PROPERTY IS THE MOST PRIME DEVELOPMENT LAND IN THE ENTIRE CITY OF KYLE THAT CAN ACCOMMODATE LUXURY REAL ESTATE.
THOSE ARE ALL THE COMMENTS, UH, FORMS THAT I HAVE IN FRONT OF ME THAT WISH TO SPEAK DURING THIS, UH, PORTION.
IS THERE ANYONE ELSE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT, SEEING NONE, I'M GOING TO CLOSE CITIZEN COMMENTS, CITIZEN COMMENTS IS NOW CLOSED.
UH, IF THERE'S NO OBJECTION, I'M ACTUALLY GOING TO, UH, MOVE THE RESOLUTION REGARDING ARMANDO CHAPA UP ONE SO THAT WE DO THE, UH, APPOINTMENT, UH, AFTER THAT.
[3. Resolution honoring the life and legacy of long-time educator and principal, Mr.Armando Chapa. ~ Michael Tobias, Council Member]
ALL RIGHT, SEEING NONE, I'M GOING TO, WE'RE GOING TO BRING UP THE RESOLUTION HONORING THE LIFE AND LEGACY OF LONGTIME EDUCATOR AND PRINCIPAL, MR. ARMANDO, UH, CHAPA, UH, CUSTOMER TOBY IS THANK YOU, MAYOR.I SPENT, UH, THE LAST COUPLE OF NIGHTS JUST THINKING ABOUT WHAT I'M GOING TO SAY THIS EVENING, BUT HOW CAN YOU DESCRIBE A PERSON IN A SHORT AMOUNT OF TIME WHO HAS WHO'VE YOU'VE KNOWN MOST OF ALL YOUR LIFE.
WHO'S MADE SUCH A HUGE IMPACT ON SO MANY PEOPLE'S LIVES THROUGH THE YEARS, INCLUDING MY OWN WELL, MR. AMANDO CHAPA IS PERSON.
MR. CHAPA STARTED HIS CAREERS WITH HAYES ISD AS A 19TH IN 1974 AS A COUNSELOR, HE WENT ON TO BECOME THE PRINCIPAL OF HAYES MIDDLE IN WALLACE MIDDLE SCHOOL.
WHEN I WAS YOUNGER, MR. CHAPO WAS MY JUNIOR HIGH PRINCIPAL AT HAYES MIDDLE SCHOOL,
[00:30:01]
ALONG WITH MAYOR PRO TEM, ROBERTHE WAS A VERY KIND PERSON WHO HAD A BIG SMILE, BIG GRIN WAS PROFESSIONAL IN THIS MANNER, BUT HE MEANT BUSINESS.
I CAN REMEMBER IT WAS ALWAYS A YES, SIR.
KIND OF CONVERSATIONS WITH HIM A LOT.
AND THERE WAS NO DEBATE OR ARGUING WHEN IT CAME TO HEY, MR. TOBIAS, IS THAT THE TARDY BELL THAT JUST WRONG? AND WHY ARE YOU NOT IN CLASS? AND WHY ARE YOU STILL STANDING THERE? TRUE STORY, BY THE WAY THAT MR. CHAPA SERVED AS PRINCIPAL AT DIFFERENT SCHOOL CAMPUSES, STUDENT COUNSELING WAS HIS CALLING.
MR. ARMANDO CHAPO WAS ONCE QUOTED AS SAYING, KIDS LOOK AT YOU DIFFERENTLY WHEN YOU'RE A COUNSELOR, RATHER THAN THE PRINCIPAL, I ENJOYED IT ALL.
BUT COUNSELING IS PROBABLY MY FIRST LOVE.
MR. CHAPA LOVED HIS STUDENTS AND THE STUDENTS LOVED HIM BACK TEACHERS AND ADMINISTRATORS, INCLUDING LIKE MISS MS. WALLS, THE PRINCIPAL AT CHAPA IN MIRED AND RESPECTED HIM JUST AS MUCH FROM SEEING HIM SITTING IN THE STANDS WITH EVERYBODY, INCLUDING MY MOM AND DAD, CHEERING ON SUPPORTING OUR JACKSY HAYES, REBEL SPORT TEAMS, AND DO ATTENDING SCHOOL BAND OR CHOIR CONCERTS.
MR. CHAPEL WAS ALWAYS THERE WITH A SMILE ON HIS FACE.
ANOTHER EXAMPLE I WITNESSED OF MR. CHAPO, HIS GREATNESS WAS HIS DEVOTION TO ST.
ANTHONY'S MIRROR CATHOLIC CHURCH, WHERE EACH CHURCH, HIS PASSION FOR COMMUNITY SERVICE TO HIS CHURCH, HIS BROTHERS AND SISTERS IN CHRIST WAS A TRUE TESTAMENT OF HIS FAITH FOR HIM AND HIS FAMILY.
SO JUST LOOKING OUT, IT'S NO SURPRISE.
THERE'S NOT AN EMPTY SEAT IN CHAMBERS TONIGHT, HONORING HIM.
THIS PACKED HOUSE CITY HALL SPEAKS VOLUME VOLUME ON HOW MUCH MR. AMANDO CHAPO HAS MADE A POSITIVE DIFFERENCE IN ALL OF OUR LIVES.
I CAN TELL YOU HOW MUCH APPRECIATED ALL THE MESSAGES, STORIES, AND VISITS THAT WERE TOLD THEY RECEIVED THIS LAST WEEK.
YOU A SUPPORT FOR THEM DURING THIS TIME.
CITY OF KYLE HAS BEEN VERY OVERWHELMING.
SO LADIES AND GENTLEMEN, TONIGHT, IT IS MY HONOR THAT I WOULD LIKE TO PAY TRIBUTE TO A GREAT MAN, A LEADER, A MENTOR READING THIS CITY RESOLUTION IN HONOR, AND LEGACY OF MR. HONDO CHOPPER SO AS RESOLUTION 1295, OH, RESOLUTION OF THE CITY OF COUNCIL, OF THE CITY OF KYLE, TEXAS HONORING THE LIFE AND LEGACY OF OUR MONDO CHOPPER, A LONG TIME EDUCATOR AND COMMUNITY MEMBER OF KYLE, TEXAS, WHOSE CAREER WAS DEDICATED TO EDUCATE, INSPIRE STUDENTS, ADMINISTRATORS IN THE CITY OF KYLE TO MAKE A BETTER PLACE FOR ALL.
WHEREAS ARMANDO CHAPA, A LONG TIME EDUCATOR, PRINCIPAL, AND STUDENT COUNSELOR, WHO CHAMPION ADVOCACY AND EDUCATION FOR ALL STUDENTS.
AND WE ARE ALL BLESSED TO HAVE EXPERIENCED THIS INFLUENCE AT THE HAYES CONSOLIDATED SCHOOL DISTRICT HERE IN HAYES, HAYES, COUNTY, TEXAS, WHEREAS A MANO CHOPPER WHOSE PASSION CREATIVES AND COURAGE HAD LED AND PROVIDED OPPORTUNITIES FOR GENERATIONS OF STUDENTS AND ADMINISTRATORS IN THE CITY OF KYLE THROUGH HIS GUIDANCE, HIS WISDOM AS PRINCIPAL AT HAYES, MIDDLE AND WALLACE MIDDLE SCHOOLS.
WHEREAS IN SEPTEMBER, 2006 OUT MUNDO CHAPPA WAS HONORED TO BE GIVEN THE NAMESAKE OF A NEW MIDDLE SCHOOL.
UH, MUNDELL CHAPEL MIDDLE SCHOOL WITHIN THE HAYES CONSOLIDATED INDEPENDENT SCHOOL DISTRICT IN KYLE, TEXAS, WHICH IS THE HOME OF THE CHAPEL COUGARS AND WARES FOR MANY YEARS, I'VE MUNDO CHOPPER ALONG WITH HIS FAMILY WAS A DEVOTED PARISHIONER WHO WAS SPIRITUALLY DEDICATED TO HIS CATHOLIC FAITH AND SERVICE TO HIS COMMUNITY AS ST.
ANTHONY MAYOR, CLAIRE CATHOLIC CHURCH IN KYLE, TEXAS.
AND WHERE IS MONDO CHOPPER, A DEVOTED HUSBAND TO IVILLAGE ANGELINA LOVING FATHER TO HIS DAUGHTERS WHO HAD ONICA, CYNTHIA, REBECCA, JESSICA, AND CASSANDRA BY PROVIDING THEM LOVE GRACE COMPASSION.
BUT MOST OF ALL DEMONSTRATED THE IMPORTANCE OF FAMILY AND EDUCATION.
NOW, THEREFORE IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF KYLE, THAT THE CITY COUNCIL RECOGNIZES ARMANDO CHOPRA'S PROFESSIONAL ACHIEVEMENTS AND HIS CONTRIBUTIONS TO THE CITY OF KYLE AND ESPECIALLY TO THE CITIZENS OF KYLE, FORMER STUDENTS AND ADMINISTRATORS,
[00:35:01]
AND EXPRESSES THIS IT'S APPRECIATION AND GRATITUDE FOR THOSE CONTRIBUTIONS AS HIS LEGACY, THIS RESOLUTION WILL BECOME EFFECTIVE IMMEDIATELY UPON THE PASSAGE OF THE CITY COUNCIL.SO WITH THAT MAYOR, I WOULD LIKE TO MAKE A MOTION TO APPROVE THE RESOLUTION OF HONORING THE LIFE AND LEGACY OF LONG-TIME EDUCATOR PRINCIPAL, MR. MUNDELL CHOPPER.
AND IS THE MOTIONS MADE BY CUSTOMER OR TOBY A SECOND BY MAYOR PRO TEM RIZZO? IS THERE DISCUSSION ON THAT MOTION? YEAH, THIS IS CHAPA FAMILY.
UH, JUST WANT TO SAY, THANK YOU.
THANK YOU FOR SHARING A WONDERFUL MAN WITH THIS COMMUNITY.
I WAS JOKING AROUND WITH THE COUNCIL WHERE IT WILL BE AS THAT WE'RE A PRODUCT OF THE CITY WE'RE BORN AND RAISED HERE.
AND, UH, WE ARE A PRODUCT CITY AND WHAT SHAPED US WAS GREAT LEADERS LIKE MR. CHAPA, YOU KNOW, SEVENTH AND EIGHTH GRADE YEAR CAN BE REALLY TOUGH, ESPECIALLY WHEN YOU'RE GROWING UP.
I DIDN'T ACTUALLY TAKE THE RIGHT PATH EARLY ON AND, UH, GOT A LITTLE BIT OF TROUBLE, YOU KNOW, THEY'RE IN SCHOOL.
MR. JOHN WAS ALL POTENTIAL IN ME, TOOK A LOT OF TIME, MENTORING ME WORKING WITH ME.
AND TO THIS DAY, I GIVE HIM A LOT OF CREDIT FOR WHERE I, I AM TODAY AS A PERSON IN MY LIFE AS A FAMILY MAN, UM, SERVING WITH HIM ON THE KNIGHTS OF COLUMBUS.
I WAS REALLY AN HONOR TO BE WORKING ALONGSIDE THE MAN THAT I GOT TO GROW UP ADMIRING BECAUSE WHEN YOU'RE A YOUNG HISPANIC KID, THERE'S NOT A LOT OF LEADERS UP THERE THAT YOU CAN LOOK TO SEE MR. XAPO THERE AT THE LEADERSHIP ROLE GAVE US HOPE AND POTENTIAL.
AND, UH, I CAN'T SAY ENOUGH, BUT THANK Y'ALL FOR SHARING HIM WITH THIS COMMUNITY, WITH ALL THE YOUNG PEOPLE IN THIS COMMUNITY.
UM, ALL OF US KIDS THAT GREW UP HERE, WE DEFINITELY OWE A LOT TO THE CHOPPA FAMILY AND MR. JABA.
ANY OTHER COMMENTS, FLOOR SCALE.
I'M JUST GOING TO MAKE IT SHORT BECAUSE I DON'T THINK I'LL BE ABLE TO MAKE IT, BUT, UM, I JUST WANT TO SAY THANK YOU TO YOU AND YOUR WHOLE FAMILY AND MR. ROMANDO.
AND, UM, JUST A REMINDER THAT I SAW YOU GUYS A LOT.
SO IF YOU NEED ANYTHING, LET ME KNOW.
ANYONE ELSE? UH, IT COMES FROM TO BE SAID, I THINK YOU HAD A COMMENT FORM YOU WANT TO YES.
UH, AT THIS TIME, UM, MS. CHAPA, IF YOU'D LIKE TO, OR REBECCA GOOD EVENING BEAR AND COUNCIL MEMBERS.
MY NAME IS REBECCA SHOPPER ON BEHALF OF MY MOM AND THE CHOPPER FAMILY.
WE WANT YOU TO THINK YOU AND THE HAY, CIC AND KYLE COMMUNITY FOR ALL THE PHONE CALLS, MESSAGES, AND TRIBUTES CHARGED FIRE THAT, UH, WE, WE ARE OVERWHELMED BY THE IMPACT HE HAS MADE TO THIS COMMUNITY THE PAST 40 PLUS YEARS AND HONORED THAT YOU CHOSE TO RECOGNIZE HIM AND ITS ACCOMPLISHMENTS.
UH, WE CAN, WE CAN, UM, GO AHEAD AND PAY IF WE CAN GO AHEAD AND MAKE THE MOTION I MADE THE MOTION AND IF WE PASS THAT AND THEN AFTERWARDS, IF WE COULD HAVE A MOMENT OF SILENCE AFTERWARDS.
UH, ALL THOSE IN FAVOR, SAY AYE.
UM, WE'RE GOING TO HAVE A MOMENT OF SILENCE FOR MR. CHAPA AT THIS TIME.
IF, UH, IF THERE ARE NO OBJECTIONS, I KNOW MAYBE THERE'S SOME, UM, UH, RECOLLECTING WE WANT TO DO AT THIS TIME.
SO WE'LL TAKE A SEVEN MINUTE BREAK AND WE'LL GET RIGHT BACK TO IT.
SO WE WILL GO BACK IN AT FIVE MINUTES TILL SO AT, UH, 7 55.
I'M GOING TO CALL THIS MEETING BACK TO ORDER AN ACCEPTS
[2. Approve the appointment of William Paiz-Tabash or the City of Kyle EmergencyManagement Coordinator as the data custodian for the State of Texas EmergencyAssistance Registry. ~ William Paiz-Tabash, Emergency Management Coordinator]
AGENDA ITEM.NUMBER TWO, APPOINTMENTS APPROVE THE APPOINTMENT OF WILLIAM
UM, I THINK THIS MIGHT'VE BEEN WRITTEN A LITTLE BIT STRANGE, BUT, UH, APPROVED, UH, WILLIAM PI STYLE BUSH AS THE EMERGENCY MANAGEMENT QUARTER COORDINATOR AND THE DATA CUSTODIAN FOR THE STATE OF TEXAS EMERGENCY ASSISTANCE REGISTRY.
UM, I'VE GOT, I'VE GOT WILLIAM ON THIS, SO, YEAH.
I DIDN'T, I BUTCHERED THAT READING, SO,
[00:40:05]
OH, OKAY.I JUST DIDN'T READ IT, RIGHT? YEAH, GO AHEAD.
WELL, I APOLOGIZE FOR THE TITLE.
I JUST WANTED THE APPOINTMENT TO EXCEED MY TENURE AS THE EMERGENCY MANAGEMENT COORDINATOR, BECAUSE EVENTUALLY YOU'RE GOING TO HAVE ANOTHER ONE AND THEY SHOULD TAKE THAT, UH, APPOINTMENT AS THE DATA CUSTODIAN.
SO THE, THE ACTION YOU'RE ASKING, UH, NORMALLY THE EMERGENCY EMERGENCY MANAGEMENT COORDINATOR WOULD BE THE EMERGENCY EMERGENCY MANAGEMENT COORDINATOR FOR US.
SO IT'S A PERFECT ALIGNMENT OF STATE, UH, DUTIES VERSUS WHAT YOU'RE HERE FOR.
WHAT I'M ASKING FOR IS ACCESS TO THE STATE OF TEXAS EMERGENCY ASSISTANCE REGISTRY SO THAT I HAVE A LIST AND LOCATIONS FOR PEOPLE WITH DISABILITIES ACCESS FUNCTIONAL NEEDS, UH, WHO REGISTER AS NOT SPEAKING ENGLISH OR ARE OTHERWISE UNABLE TO RECEIVE EMERGENCY BROADCAST OR NOTIFICATIONS AS NORMAL.
SO ONCE I'M ABLE TO KNOW WHERE THEY ARE, WE CAN PLAN TO ACCOMMODATE THEM.
SECOND ABOUT CASPER ELLISON IS THROUGH DISCUSSION ON THE MOTION ALL IN FAVOR, SAY AYE.
[4. Presentation from Frontier Communications about deploying fiber optics. ~ DavidRussell, Frontier Communications]
RIGHT.NEXT UP AGENDA ITEM NUMBER FOUR, PRESENTATION FROM FRONTIER COMMUNICATIONS ABOUT DEPLOYING FIBER OPTICS, DAVID RUSSELL.
WE MITCHELL MEMBERS OF THE COUNCIL, CITY MANAGER, SELLERS, AND OTHER MEMBERS OF CITY STAFF, LADIES AND GENTLEMEN.
I AM DAVID RUSSELL FROM FRONTIER COMMUNICATIONS, AND I'M HERE TONIGHT TO TELL YOU ABOUT AN INVESTMENT THAT FRONTIER WANTS TO MAKE HERE IN KYLE IN BUILDING A HIGH-SPEED FIBER OPTIC NETWORK THAT WILL PROVIDE ADVANCED SERVICES AND IT WILL ENABLE HOW WE PLAN OUT.
WE'LL TALK ABOUT HOW WE WILL ENABLE THE NETWORK, HOW WE PLAN TO COMMUNICATE WITH THE PUBLIC ABOUT WHAT WE'RE DOING ABOUT OUR SAFETY PRECAUTIONS, OUR METHODS OF CONSTRUCTION AND OUR RESTORATION EFFORTS.
BUT FIRST, LET ME INTRODUCE MY COLLEAGUES WHO ARE HERE WITH ME TONIGHT.
I'VE GOT RYAN O'NEAL HERE, WHO IS THE DIRECTOR OF CONSTRUCTION AND ENGINEERING FOR THE STATE OF TEXAS FOR FRONTIER.
NEXT TO HIM IS ANDY CRENSHAW, WHO IS SENIOR MANAGER OF CONSTRUCTION FOR SOUTH TEXAS.
AND THEN WE HAVE RYAN LANGFORD HERE WHO IS WITH FUTURE INFRASTRUCTURE, WHO IS OUR CONTRACTOR FOR THIS PROJECT.
AND KYLE, A FEW WEEKS AGO, I WAS TALKING WITH JULIE SNYDER AT THE CHAMBER OF COMMERCE.
AND SHE WAS GIVING ME SOME IDEA OF THE LEVEL OF EXPANSION AND DEVELOPMENT ACTIVITY.
THAT'S TAKING PLACE HERE IN THE CITY.
YOU'VE GOT A LOT GOING ON AND I KNOW THAT IT'S EXCITING.
AND I REALIZE THAT IT'S ALSO CAN BE VERY CHALLENGING FOR YOU WITH THE CHANGES THAT HAVE TO BE MADE AND FOR CITY STAFF AND ADMITTEDLY, WE ARE GOING TO ADD SOME TO THAT CHALLENGE, BUT I HOPE WHEN I FINISHED TONIGHT, YOU'LL AGREE THAT OUR INVESTMENT WILL HELP ENHANCE KYLE'S REPUTATION AS A GREAT PLACE TO LIVE, WORK AND PLAY.
WE PLAN TO DO THIS BY EXTENDING FIBER OPTIC CABLES, TO CUSTOMER'S HOMES AND BUSINESSES DIRECTLY FROM OUR LOCAL SWITCHING CENTER, THEN WE'LL USE HIGH INTENSITY LASERS TO DIRECT COMMUNICATIONS OVER THE DIFFERENT WAVELENGTHS OF LIGHT INTO YOUR HOME AND BUSINESS.
IT WILL NOT REPLACE OUR EXISTING COPPER NETWORK.
PEOPLE CAN REMAIN ON COPPER IF THEY CHOOSE TO DO SO, BUT THIS NEW NETWORK WILL PROVIDE BROADBAND SPEEDS FROM 50 50 MEGABYTES PER SECOND, UP TO TWO GIGABYTES PER SECOND, WITH THE POTENTIAL TO PROVIDE EVEN FASTER SERVICES IN THE FUTURE.
NOW YOU MAY THINK TO YOURSELF, HEARING THAT WHY IN THE WORLD WOULD I EVER NEED TWO GIGABYTES OF BROADBAND SPEED? WELL, I'VE BEEN FORTUNATE ENOUGH TO HAVE THIS FIBER OPTIC SERVICE IN MY HOME, UH, FOR ABOUT 18 YEARS.
UH, WHEN IT FIRST STARTED, I RECEIVED 25 MEGABYTES DOWNLOAD SPEED, AND THAT WAS AWESOME 18 YEARS AGO, BUT OVER TIME, MORE AND MORE THINGS HAVE MADE DEMANDS ON THAT NETWORK.
AND INCREASED DEMAND IS INEVITABLE AS MORE AND MORE OF OUR DEVICES ARE ENABLED TO USE IT.
BUT OUR FIBER OPTIC NETWORK WILL BE CAPABLE, CAPABLE OF HANDLING INCREASED SPEEDS IN THE FUTURE TO DEAL WITH NEW SERVICES.
THIS IS A SIMPLIFIED DEPICTION OF HOW OUR FIBER WILL REACH CUSTOMERS.
IT'S 100% FIBER FROM OUR CENTRAL OFFICE TO THE HOME ALONG THE PUBLIC RIGHTS OF WAY TO OUR FIBER HUBS THROUGHOUT THE CITY.
AND THEN THE FIBER TERMINALS IN YOUR NEIGHBORHOODS AND ONTO THE HOMER BUSINESS WHERE IT CONNECTS TO A ROUTER.
SO YOU CAN PROVIDE VOICE AND DATA COMMUNICATIONS.
IT'S ALMOST IDENTICAL TO THE COPPER BASED NETWORK WE HAVE IN PLACE TODAY.
THERE ARE TWO OTHER IMPORTANT POINTS THAT I WANT TO MAKE ABOUT THIS THOUGH, WITH SOME COMPANIES, A CUSTOMER HAS TO SHARE THE BANDWIDTH THEY GET WITH OTHER CUSTOMERS, BUT NOT WITH OUR NETWORK.
IF YOU SIGN UP FOR 500 MEGABYTES, THAT'S EXACTLY WHAT YOU GET.
YOU DON'T SHARE THE BANDWIDTH WITH ANYONE.
ALSO WITH MOST COMPANIES, YOU GET ONE SPEED FOR DOWNLOADS AND A MUCH SLOWER SPEED FOR UPLOADS, BUT OUR NETWORK IS SYMMETRICAL.
[00:45:01]
SPEEDS FOR BOTH ACTIONS.THAT'S INCREDIBLY VALUABLE TO ANY HOMER BUSINESS THAT HAS TO UPLOAD LARGE AMOUNTS OF DATA AND ESPECIALLY VIDEO CONTENT.
THIS CAN HELP YOU IN YOUR ECONOMIC DEVELOPMENT EFFORTS, BECAUSE THERE ARE PEOPLE AND COMPANIES WHO WILL LOOK FOR THIS TYPE OF NETWORK IN DECIDING WHERE THEY LOCATE WITH THE CHANGES WE'VE ALL SEEN IN OUR SOCIETY OVER THE PAST TWO YEARS, THANKS TO THE PANDEMIC.
THE NEED FOR THIS TYPE OF NETWORK MAKES MORE SENSE TODAY THAN IT EVER HAS.
HOW MANY OF US WORK REMOTELY? AT LEAST PART OF THE TIME? I KNOW I DO REMOTE LEARNING IN SOME FORM IS HERE TO STAY AND STREAMING SERVICES LIKE NETFLIX, HULU, DISNEY, AND OTHERS ARE THE WAY AN INCREASING NUMBER OF PEOPLE ARE CHOOSING TO GET THEIR VIDEO SERVICES AND PROGRAMMING.
AND THOSE ARE JUST A FEW EXAMPLES.
THAT'S WHY FRONTIER HAS MADE THE DECISION TO INVEST IN OUR NETWORK HERE AND IN OTHER PARTS OF TEXAS, TO BE ABLE TO MEET THAT DEMAND, OBVIOUSLY TO BUILD THIS NETWORK, WE'RE GOING TO HAVE TO PLACE NEW CABLE AROUND TOWN.
WE'LL BE PLACING VARIED CABLE THROUGHOUT THIS YEAR AND INTO NEXT YEAR.
THAT WILL COVER ALMOST THE ENTIRE COMMUNITY.
NOW, BEFORE WE BUILD, WE WILL DISTRIBUTE DOOR HANGERS TO THE HOMES AND BUSINESSES IN THE AREA OF WHERE WE WILL BE WORKING.
THIS IS WHAT THEY'RE GOING TO LOOK LIKE HERE.
YOU CAN SEE THE FRONT AND BACK OF THE DOOR HANGERS.
THEY HAVE INFORMATION ABOUT WHAT WE'RE DOING WITH A NUMBER TO CALL AND AN EMAIL ADDRESS.
IF PEOPLE HAVE QUESTIONS OR ISSUES, AND THERE'S AN INDICATION OF HOW LONG WE WILL BE WORKING IN THEIR NEIGHBORHOOD.
NOW WE CAN'T GUARANTEE YOU, OUR CITY STAFF WON'T GET ANY CALLS, BUT WE'LL TRY TO KEEP THAT TO A MINIMUM.
IN ADDITION TO THE DOOR HANGERS, WE'LL POST SIGNS AT THE MAIN ENTRY POINTS TO THE AREAS WHERE WE'RE WORKING.
HERE'S WHAT THE SIGNS WILL LOOK LIKE.
THEY'RE NICE AND COLORFUL TO ATTRACT ATTENTION AND BIG ENOUGH FOR PEOPLE TO READ EASILY AS THEY DRIVE BY NATURALLY.
WE'LL TAKE THOSE DOWN WHEN WE'RE FINISHED IN AN AREA AND MOVE THEM TO THE NEXT AREA WHERE WE'RE WORKING.
ANOTHER THING WE DO IS TAKE PICTURES OR MORE COMMONLY TAKE VIDEO OF EACH STREET BEFORE WE BEGIN BEARING CONSTRUCTION.
SO WE KNOW WHAT IT LOOKED LIKE BEFORE OUR WORK, AND WE CAN HAVE OUR CONSTRUCTION CONTRACTOR, FUTURE INFRASTRUCTURE RESTORE IT APPROPRIATELY AFTER THE WORK IS FINISHED.
HERE'S WHAT IT WILL LOOK LIKE WHEN WE DO THE DIRECTIONAL BORING FOR OUR BURIED FACILITIES, WE DON'T DIG OPEN TRENCHES AND WE BACKFIELD ANY HOLES CREATED BY THE BORING.
ONCE THE WORK IS COMPLETED, THE SAFETY OF OUR CUSTOMERS, OUR EMPLOYEES AND OUR VENDORS IS OF UTMOST IMPORTANCE TO US.
AND WE'LL TAKE THE STEPS NECESSARY TO MAKE RESIDENTS AWARE OF WHAT'S HAPPENING AND ENSURE THAT THE WORK IS PERFORMED SAFELY.
AND TO CITY STANDARDS, THERE COULD BE TRAFFIC CONTROL ON SEVERAL STREETS DURING THE BUILD DUE TO THE EQUIPMENT THAT WILL BE USED, BUT SAFETY WILL BE OUR TOP PRIORITY.
NOW IN THE PICTURE THERE, IF YOU CAN SEE IT, NOTE THE ORANGE FENCE NETTING THAT'S AROUND THE HOLE UP THERE.
MY LASER POINTER IS NOT SHOWING IT UP VERY WELL, BUT THAT'S WHERE WE WILL PLACE A VARIED CABINET CALLED A HAND HOLE.
AND I'LL SHOW YOU ONE OF THOSE NEXT.
HERE'S WHAT THAT WILL LOOK LIKE.
AS I SAID, WE CALL THIS A HANDHOLD AND IT CAN SERVE BETWEEN FOUR TO EIGHT CUSTOMERS.
SO NOT EVERYONE WILL HAVE ONE IN THEIR PROPERTY.
I ACTUALLY HAVE ONE VERY SIMILAR TO THIS IN THE RIGHT OF WAY AT THE FRONT OF MY PROPERTY.
RESIDENTS MAY NOTICE IT AT FIRST, BUT ONCE THE GRASS GROWS IN GOOD, NOT FOR LONG, I DO HAVE TO WEED EAT AROUND MINE OCCASIONALLY, BUT THAT'S ABOUT IT TO CONNECT THE FIBER TO THE HOME OR BUSINESS, WE USE A SMALLER FIBER CABLE.
AND THEN THIS PICTURE OF THE DROP IS A BLACK CABLE.
THAT'S COMING UP THE WALL THERE TO THE GRAY BOX, WHICH WE CALL AN OPTICAL NETWORK TERMINAL OR O AND T THE O AND T IS CONNECTED TO A ROUTER THAT WOULD BE INSIDE THE HOME OR BUSINESS, WHICH CAN THEN CONNECT ALL SORTS OF DEVICES, EITHER THROUGH A WIRED ETHERNET CONNECTION OR MORE COMMONLY THESE DAYS, A WIRELESS WIFI CONNECTION.
NOW THIS IS THE SETUP THAT I HAVE IN MY OWN HOME BECAUSE OF MY ROLE WITHIN THE COMPANY.
WHEN WE FIRST INTRODUCED THIS TYPE OF NETWORK IN THE UNITED STATES, I WAS ONE OF THE VERY FIRST PEOPLE WHO GOT TO EXPERIENCE IT.
AND THAT, LIKE I SAID WAS 18 YEARS AGO.
AND I'M VERY EXCITED THAT YOU AND YOUR RESIDENTS ARE GOING TO BE ABLE TO BENEFIT FROM THIS SERVICE IN THE COMING MONTHS.
I APPRECIATE YOUR TIME AND ATTENTION.
AND WE LOOK FORWARD TO WORKING WITH CITY STAFF ON MOVING AHEAD WITH THIS PROJECT AS QUICKLY AS POSSIBLE.
OUR CONSTRUCTION TEAM HAS ALREADY HAD MEETINGS WITH HARPER WILDER AND MEMBERS OF HIS STAFF TO GET THINGS MOVING.
AND I THINK ON FRIDAY THEY HAD A VIDEO CALL WITH THE CITY MANAGER SELLERS AND SOME OF YOUR PUBLIC WORKS FOLKS, AND HE HELPED MAKE US AWARE OF THE SENSITIVITY.
THE CITY HAS ABOUT TRYING TO FIND OPPORTUNITIES TO REDUCE THE AMOUNT OF AERIAL CABLE THAT THE CITY HAS.
AND WE'RE OPEN TO WORKING WITH THE CITY TO TRY TO DO THAT WHEREVER IT MAKES SENSE WITH THAT.
MY COLLEAGUES AND I WILL BE HAPPY TO TRY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE EITHER TONIGHT, OR YOU HAVE MY CONTACT INFORMATION HERE ON THE SLIDE.
PLEASE FEEL FREE TO REACH OUT TO ME AT ANY POINT IN THIS PROCESS.
ARE THERE ANY QUESTIONS? I THANK YOU, MR. RUSSELL, DOES ANYBODY HAVE ANY QUESTIONS? UH, CUSTOMER TOBY'S.
UM, SO THIS IS LIKE ANOTHER INTERNET
[00:50:01]
PROVIDER COMING THROUGH THE AREA.UM, AS YOU KNOW, THIS PAST, UM, COUPLE OF MONTHS, WE'VE HAD GROUND AID COMING IN AS WELL.
SO TWO THINGS, WILL YOU BE, UM, DIGGING IN THE SAME AREA AS THEIR LINES? WILL THEY BE CROSSING PATHS OR IF YOU'RE GOING TO BE STARTING IN CERTAIN NEIGHBORHOODS? UM, THAT WOULD BE PROBABLY A CAUTION THAT WOULD COME UP IS THEY PRETTY MUCH FINISHED WE'RE IN MY NEIGHBORHOOD, BUT WHEN ARE YOU GOING TO BE ON THE SAME DIAGRAM AS FAR AS THE STREETS TO DIG THROUGH? BECAUSE I COULD ALREADY HEAR OUR RESIDENTS SAYING, ALL RIGHT, NOW WE'VE GOT ANOTHER COMPANY COMING IN AND TURNING UP OUR LOAN.
UM, SO THAT WOULD BE THE QUESTION THERE TOO.
AND ALSO, UH, WHEN IT COMES TO ADVERTISING OR, UH, BRINGING AWARENESS THAT YOU'RE GOING TO BE IN THE CITY, WILL YOU BE WORKING WITH OUR SOCIAL MEDIA GROUP, WITH THE COMMUNICATIONS GROUP TO GET OUT LIKE WHICH NEIGHBORHOODS YOU'RE GOING TO START WITH AND SO FORTH? IS THAT SOMETHING WE'RE WORKING ON REGARD TO THE FIRST QUESTION WE DON'T KNOW, GRANDE'S BUILD PLAN AND WE REALLY DON'T WANT THEM TO KNOW OURS, BUT YOUR PUBLIC WORKS DEPARTMENT KNOWS THEIR BILL PLAN AND OUR BILL PLAN.
AND THAT'S WHO WE'RE COORDINATING WITH IS HARPER AND HIS TEAM.
WE WILL BE BUILDING IN SOME OF THE SAME NETWORKS BECAUSE WE'RE GOING TO BE OFFERING COMPETITIVE SERVICES TO SOME OF THE SAME CUSTOMERS.
BUT THE TIMING OF THAT, I DON'T KNOW ABOUT THE SECOND THING IS IN TERMS OF PUBLICIZING, IT WE'D BE MORE THAN HAPPY TO WORK WITH YOUR SERVICES DEPARTMENT, THE COMMUNICATIONS DEPARTMENT, TO TRY TO DO WHAT NEEDS TO HAPPEN TO PUBLICIZE THIS BETTER TO YOUR RESIDENTS.
JUST TELL ME WHO TO CONTACT WE'LL WORK WITH THEM.
AND YOU'RE IN PRODUCT WHEN IT COMES TO THE ROUTERS, WILL YOU BE NEEDING, WILL THE RESIDENT ONLY NEED ONE ROUTER IN THE HOUSE OR TWO? UH, NORMALLY IT'S ONE, IF IT'S A BIG HOUSE, SOMETIMES YOU NEED, UH, REPEATERS, UH, OUR SECOND ROUTER, DEPENDING UPON THE SIZE OF THE HOME.
YEAH, THIS IS A REAL QUICK ONE QUESTION.
UM, SO WHEN YOU'RE BORING, WHAT IS THE CONTACT NUMBER FOR, UM, RESIDENTS, UH, IN CASE THERE ARE SOME, UH, THING DESTROYED IN OUR YARD OR THEIR LAWN OR ON THE SIDEWALKS? IS THERE A CONTACT NUMBER FOR THAT? YES.
AND IT'S ON THE DOOR HANGERS THAT I HAD ON THE SCREEN THERE, AND THAT'LL BE DISTRIBUTED TO ALL THE HOMES OF BUSINESSES.
THERE IS A NUMBER AND AN EMAIL ADDRESS AS WELL, NOT JUST A NUMBER.
AND HOW PROMPT ARE Y'ALL IN ANSWERING THOSE REQUESTS? I'LL HAVE TO DEFER TO BRIAN IF YOU WANT TO RESPOND TO THAT.
AND WHO'S GOING TO BE THE GENERAL, UH, OVERSIGHT ON, ON THAT, ON THAT PART OF IT.
IS THERE SOMEONE HERE IN THE AREA THAT IS GOING TO OVERSEE MAKING SURE THAT CONTRACTORS DO THAT AND, UH, AND I WOULD REPORT TO ANDY.
YOU WANT TO IDENTIFY IF THAT'S OKAY.
RYAN IS ALSO THE OVERLORD HERE FOR ALL OF TEXAS, RIGHT.
SO WE WILL HAVE AN INDIVIDUAL LOCAL, UM, JOSHUA MAY, UH, LEADING OUR CONSTRUCTION, BUILD, UH, WORKING WITH BRIAN LANKFORD AND HIS TEAM.
AND BRIAN WILL HAVE A SUPERVISOR ALSO THAT WILL BE LOCAL TO THE BILL.
IF YOU COULD SEND THOSE CONTACT INFORMATIONS TO COUNSEL.
UM, SO AS WAS MENTIONED BY MY COLLEAGUE, WE DID HAVE ANOTHER PROVIDER COME IN.
MINE'S GOING TO BE JUST A GENERAL QUESTION HERE.
OH, BEFORE I ASK THIS QUESTION, WE'RE EXCITED THAT YOU'RE COMING HERE, GRADING AND COMPETITION FIBER.
AND THANK YOU FOR SHARING WITH US.
I THINK YOUR PRESENTATION ACTUALLY HELPED ANSWER A LOT OF QUESTIONS.
UM, AND THESE FROM ME, MY GENERAL QUESTION IS WHAT TOOK YOU SO LONG? SO, UH, AND THE REASON WHY I ASKED THAT IS BECAUSE FOR, I'VE BEEN IN THE CITY FOR OVER A DOZEN YEARS NOW, AND FOR THE LONGEST OF I'VE BEEN IN HERE PROBABLY LONGER THAN I'VE BEEN HERE.
THERE'S BEEN A RUMOR GOING AROUND THAT THE CITY HAS EXCLUSIVITY WITH ONE PROVIDER OF INTERNET, AND THAT'S WHY NO OTHER PROVIDERS HAVE COME TO OUR CITY AND ALL THESE OTHER DIFFERENT THINGS.
SO I'M TRYING TO PUT THAT TO BED HERE AND JUST SAY THAT, WHAT IS IT THAT CHANGED THAT MADE YOU ALL WANT TO COME TO OUR GREAT CITY OF KYLE, UH, AT THIS TIME? WELL, I ALLUDED, IT ALLUDED TO IT IN MY REMARKS AND THAT WORK COMPETITIVE COMPANY.
AND SO MARKET DYNAMICS DRIVE A LOT OF OUR BUSINESS DECISIONS.
AND THE REALITY IS IS THAT THERE ARE PHYSICAL LIMITATIONS TO WHAT COPPER CABLE CAN DO.
AND OVER TIME, AS I SAID, THE 25 MEGABYTES THAT I GOT 18 YEARS AGO, THAT'S KIND OF THE FLOOR NOW OF WHAT PEOPLE NEED TO COMMUNICATE.
AND FRANKLY, THE PANDEMIC HAS DRIVEN A LOT OF THAT BECAUSE SO MANY PEOPLE ARE WORKING REMOTELY AND DOING EVERYTHING REMOTELY.
[00:55:01]
OF THAT TYPE OF BROADBAND SPEED HAS REALLY SPARKED A LOT OF PUBLIC DEMAND FOR THIS TYPE OF NETWORK.WELL, THE MARKETPLACE RESPONDS TO DEMAND, AND THAT'S WHAT WE'RE DOING IN THAT.
WE'VE PROVIDED THIS TYPE OF NETWORK IN LARGE CITIES WHERE YOU HAVE LARGER MARKETS, A LOT MORE PEOPLE, BUT THE PRICE POINTS HAVE CHANGED IN THAT THE COST OF FIBER HAS COME DOWN BECAUSE IT'S GETTING A LOT MORE COMMON FOR PEOPLE TO DO FIBER.
AND THE TECHNOLOGY HAS IMPROVED.
YOU KNOW, TECHNOLOGY IS DISRUPTIVE AND WIRELESS IS A DISRUPTIVE TECHNOLOGY AND 5G IS SUPPOSED TO DO A LOT OF THE STUFF THAT WE'RE TALKING ABOUT.
BUT HOW MANY OF YOU HAVE 5G TODAY? OKAY.
THAT'S ABOUT HOW MANY PEOPLE HAVE 5G.
AND SO I KNOW I KNOW ABOUT WIRELESS, BUT NOT EVERY 5G IS GOING TO TAKE A WHILE.
AND THE REALITY IS, IS THAT THE SIMPLE PHYSICS OF 5G IN WIRELESS TECHNOLOGY DOES NOT COMPARE TO LASERS AND FIBER OPTICS BECAUSE WHILE WE'RE GOING TO BE OFFERING TWO GIGABYTE SERVICE, THAT'S NOT THE UPWARD END OF IT.
WE'VE BEEN TESTING UPWARD, UPWARD TO 25 GIGABYTES, AND WE DON'T THINK THAT'S THE LIMIT EITHER.
SO IT'S A SUPERIOR TECHNOLOGY THAT WE THINK WILL BE COMPETITIVE FOR A LONG TIME TO COME.
THAT'S WHY WE'RE WILLING TO MAKE THE INVESTMENT.
NOW WE'VE ALREADY DONE A LOT OF THE PRIMARY MARKETS.
NOW WE'RE LOOKING AT THE SECONDARY MARKETS AROUND THE LARGER CITIES, AND ALSO THERE'S SOME PUSH FROM THE GOVERNMENT TO TRY TO EXTEND THE HIGHER LEVEL OF BROADBAND COVERAGE.
THAT'S ALSO AN INCENTIVE BECAUSE WE THINK THAT'S GOING TO PROVIDE MORE OF A CUSTOMER BASE.
I THINK THAT WAS AN EXCELLENT ANSWER.
UM, I'M GONNA GET THAT TIMESTAMP ON THAT ONE TO SEND THAT OUT WHEN RESIDENTS ASKED ABOUT WHY WE'RE KEEPING INTERNET AWAY FROM THE CITY, WE'RE NOT.
AND SO I THINK THAT WAS A GREAT, GREAT ANSWER.
OBVIOUSLY, THERE ARE A NUMBER OF DIFFERENT FACTORS THAT GO INTO THAT, UH, AND IT'S LARGELY A BUSINESS DECISION ECONOMICS AND DEMAND.
UH, THAT'S ESSENTIALLY WHAT I WANTED TO BRING UP.
THANK YOU, CUSTOMER FLOOR SCALE.
AND THANK YOU FOR BRINGING THIS TO KYLE.
UM, IT'S EXCITING CAUSE WE HAD NO OPTIONS AND NOW WE'RE HAVING LIKE TWO OR THREE.
UM, I GUESS MY QUESTION, WHICH I THINK A LOT OF RESIDENTS ARE GOING TO ASK AND WONDER ABOUT IS HOW MUCH IS THE COST? WELL, THIS IS NOT A SALES PRESENTATION, SO I'M NOT GOING TO TALK MONEY, BUT WE WILL HAVE ONCE WE BUILD A NETWORK AND THAT'S OUR BIG PUSH NOW, AND THAT'S WHAT THESE GUYS, THEY LIVE AND BREATHE.
BEING ABLE TO BUILD THIS NETWORK IN KYLE AND OTHER CITIES.
SO THAT'S WHAT KEEPS THEM UP AT NIGHT.
WE CAN'T SELL IT IF WE DON'T HAVE THE NETWORK IN PLACE.
SO THAT'S WHERE WE WOULD ASK FOR THE CITY TO WORK WITH US AS QUICKLY AS POSSIBLE SO THAT WE COULD INCONVENIENCE YOUR CITY AND YOUR RESIDENTS AS LITTLE AS POSSIBLE.
AND GET THIS SERVICE TURNED UP.
ONCE WE LIGHT UP THE NETWORK, WE WILL HAVE SALES AND MARKETING TEAMS COME IN TO BEGIN SELLING THE NETWORK AND IT WILL BE PRICE COMPETITIVE, BUT I'M NOT GOING TO NAME ANY PRICES JUST NOW.
AND THEN, UM, ONE MORE QUESTION.
WHAT DOES THE COMPLETION DATE LOOK LIKE? UM, IT'S APRIL AND WE HAD HOPED TO GET STARTED IN FEBRUARY OR SO.
SO WE'RE A LITTLE BIT BEHIND THE SCHEDULE THAT WE'D HOPED TO BE ABLE TO MEET THE SOONER WE CAN GET STARTED.
THE SOONER WE CAN GET FINISHED.
MY GUYS HAVE TOLD ME THAT WE'RE GOING TO BE PROBABLY BUMPING INTO EARLY 20, 23.
NO, THAT CAN BE FLEXIBLE IF THINGS MOVE FASTER, BUT THAT'S KIND OF WHAT WE'RE LOOKING AT RIGHT NOW.
THEY HAVEN'T TOLD ME A SPECIFIC MONTH OR TIME BECAUSE I ASKED THEM THESE QUESTIONS BEFORE I GET UP HERE.
BUT THAT'S WHAT THEY'VE TOLD ME IS SOMETIME IN EARLY 20, 23 WOULD BE WHEN WE'D BE FINISHED.
ANYONE ELSE? ALRIGHT, THANK YOU VERY MUCH.
[5. 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]
ALL RIGHT.NEXT UP A CITY MANAGER'S REPORT.
MAYOR COUNCIL, SCOTT SELLER, CITY MANAGER FOR THE RECORD.
WAIT FOR THAT TO MOVE FORWARD.
FIRST WE HAVE SAMANTHA ROOSTER.
WE WANTED TO GIVE AN UPDATE ON THE HAYES COUNTY TIRE DRIVE.
THERE HAVE BEEN A COUPLE OF CHANGES SINCE THE LAST TIME WE REPORTED ON THIS AND WE WANT TO MAKE SURE EVERYONE IS AWARE OF THAT.
SO IT WILL BE ON APRIL 23RD AND IT'S A FIRST COME FIRST SERVE.
I THINK THERE'S GOING TO BE QUITE THE DEMAND.
SO JUST WANNA MAKE SURE EVERYONE IS AWARE OF THE TIRE DRIVE COMING UP, BEING HOSTED BY HAYES COUNTY.
AND WE HAVE, UH, PAUL FAILING AS WELL AS MARIANNE ESPINOSO TO TALK ABOUT EARTH DAY FESTIVITIES.
I'M PAUL FALLON DIRECTOR OF LIBRARY SERVICES.
AND JUST A REMINDER THAT WE HAVE EARTH DAY COMING UP APRIL 23RD, THIS SATURDAY FROM 10 TO FOUR, UH, WE WILL HAVE CRAFTS AND A BOUNCE HOUSE FOR THE KIDS.
WE WILL HAVE SNACKS, UH, VERY, UH, NICE SCHEDULE INSIDE BETWEEN 12 AND FOUR, THE HILL COUNTRY ALLIANCE COMPOSTING WITH CONRAD AUSTIN, WATER, WILD
[01:00:01]
LAND CONSERVATION HAYS COUNTY MASTER NATURALIST, GREAT SPRINGS PROJECT PLUM CREEK WATERSHED PARTNERSHIP.AND THOSE WILL JUST RUN ONE RIGHT AFTER ANOTHER, UH, 12 TO FOUR INSIDE.
UH, SO I THINK IT'S GOING TO BE A GREAT TIME AND ALSO GIVE YOU A CHANCE JUST TO GIVE A SHOUT OUT TO PARKS.
THEY, UH, PUT IN NEW LANDSCAPING OUT FRONT.
SO WE'RE EXCITED TO SHOW THAT OFF, YOU KNOW, WE JUST HAD IT DONE RECENTLY.
MARIANNA SPINOZA ARTS AND RECREATION DIRECTOR.
AND ON EARTH DAY, THIS FRIDAY, THE PARKS DEPARTMENT WILL HAVE A PLANT GIVEAWAY AT MARY KYLA HARTSON PARK.
UM, AND THAT WILL BE BETWEEN THE HOURS OF FIVE TO SEVEN.
WE HAVE ABOUT A HUNDRED, UH, FLOWER AND HOUSEHOLD PLANTS TO GIVE AWAY.
AND THEN NEXT WEDNESDAY, WE HAVE A SEASONAL JOB HIRING EVENT.
IT WILL BE HELD AT GREG CLARK PARK.
WE ARE IN GREAT, GREAT NEED OF SUMMER LIFEGUARDS AND SUMMER CAMP COUNSELORS, UM, FOR BOTH TEEN CAMP AND YOUTH CAMP.
AND IT WILL BE A CHANCE FOR THOSE THAT ARE 16 AND OLDER, INTERESTED IN SUMMER EMPLOYMENT TO COME OUT, MEET THE STAFF, LEARN ABOUT THE JOB, AND WE WILL ALSO HAVE OPPORTUNITIES TO INTERVIEW AND OFFER ON THE SPOT, UM, JOBS AS WELL.
UM, AND THEN NEXT FRIDAY WE HAVE OUR FIRST MOVIE OF THE, IN THE PARK OF THE SEASON, AGRA CLARK PARK, UM, SEVEN 30, WHICH WILL BE THE LION KING.
GOOD EVENING, MAYOR AND COUNCIL.
SO YOU ALL KNOW WE'RE IN THE MIDDLE OF DEVELOPING OUR DOWNTOWN MASTER PLAN.
AND SO RIGHT NOW WE ARE BEGINNING THE STAGE OF PUBLIC ENGAGEMENT.
AND SO WE WANTED TO LET YOU KNOW ABOUT OPPORTUNITIES TO PARTICIPATE IN THAT WE'RE GOING TO HAVE A SURVEY.
UM, YOU CAN GO ONLINE TO THE CITY'S WEBSITE OR YOU CAN ATTEND, UH, THE CITY'S EVENTS AND, UH, DO THAT THERE IN PERSON.
SO WE HOPE EVERYBODY PARTICIPATES.
AND FINALLY, WE HAVE CHIEF BURNETT THANK YOU.
GETTING NUMERIC COUNSEL JUST WANTED TO BRING TO LOT AN EVENT THAT WE'RE HOSTING AT THE POLICE DEPARTMENT, WHERE YOU'RE GOING TO PARTNER WITH TEXAS WATER UTILITIES AND THE FEDERAL DRUG ENFORCEMENT AGENCY TO HOST A DRUG DISPOSAL DAY AS PRESCRIPTION DRUG TAKE BACK DAY.
THIS IS GOING TO BE HELD ON APRIL THE 30TH FROM 10:00 AM UNTIL 2:00 PM IN THE LOBBY OF THE POLICE DEPARTMENT.
THE PURPOSE OF THIS IS THAT DRUGS DISPOSED OF IMPROPERLY, ESPECIALLY BY FLUSHING CAN CONTAMINATE OUR GROUNDWATER AND, AND SEEP THROUGH WASTEWATER TREATMENT PLANTS INTO OUR RIVERS AND LAKES, CAUSING HORMONES AND ANTIBIOTICS AND OTHER DRUGS TO POLLUTE OUR COMMUNITY WATERWAYS.
THIS IS A SAFE WAY FOR PEOPLE TO DISPOSE OF THEIR MEDICATIONS, THEIR EXPIRED MEDICATIONS, THE MEDICATIONS FOR THEIR PETS AND SUCH.
WE WILL HAVE A PLACE THAT CAN PROPERLY DISPOSE OF THAT IN THE LOBBY OF THE POLICE DEPARTMENT.
AGAIN, APRIL 30TH, 10:00 AM TO 2:00 PM.
[6. CIP/Road Projects and Consent Agenda Presentation. ~ Leon Barba, P.E., CityEngineer]
UP JEANETTE.I'M NUMBER SIX, CIP ROAD PROJECTS AND CONSENT AGENDA PRESENTATION.
MAYOR AND COUNCIL LEON BARBARA CITY ENGINEER.
FIRST PROJECT I'LL BRING UP IS A HERO'S MEMORIAL PARK, UH, BASED ON OUR CURRENT, UH, PROJECT, UH, PAY ESTIMATE WE'RE AT ABOUT 78% COMPLETE.
UH, THEY'RE STILL WORKING ON THE MEMORIAL HONOR WALL.
UH, THE BRIDGE STRUCTURE IS SUBSTANTIALLY COMPLETE.
THEY STILL NEED A LITTLE BIT MORE PATCHING THINGS TO DO ON THAT, BUT IT'S SUBSTANTIALLY COMPLETE.
NOW THEY'RE CONTINUING TO INSTALL LANDSCAPING AND WE'RE EXPECTING THE COMPLETION DATE TO BE IN JULY OUT OF THE PARK IS AT A 47% COMPLETE, UH, THEY'RE ERECTING OF THE PAVILION AND BATHROOM STRUCTURAL MEMBERS EXCAVATING FOR THE VOLLEYBALL SAND PIT AND EXCAVATED FROM THE DOG PARK.
AND WE'RE EXPECTING THAT COMPLETION DATE, UH, IN LATE 2022 PUBLIC SAFETY CENTER.
AS I MENTIONED EARLY, ONE OF THE PREVIOUS PRESENTATIONS, THERE'S FOUR DIFFERENT PHASES TO THIS PARTICULAR PROJECT.
UH, PHASE ONE LEVEL ONE, THEY'RE WORKING ON THE INTERIOR METAL FRAMING PHASE ONE.
THEY'RE ALSO WORKING ON THE OVERHEAD, UH, MECHANICAL ELECTRICAL PLUMBING EQUIPMENT, UH, PHASE TWO, THEY'RE ALSO WORKING ON PLUMBING PHASE TWO AND THREE.
THEY'RE WORKING ON THE SLABS, THEY'RE PLACING ON THE METAL DECKS AND, UM, ON PHASE FOUR, THERE'S DOING THE STRUCTURAL STEEL ERECTION.
SO THEY'RE MOVING FAIRLY WELL IN THAT PROJECT.
ESTIMATED COMPLETION IS FEBRUARY OF 2023 SOUTH SIDE WASTEWATER IMPROVEMENTS BASED ON THE S FITS WE'RE AT 96% COMPLETE.
WE'RE STILL WORKING ON THAT VOICED WATER LINE THERE ON THE NORTHBOUND FRONTAGE ROAD, UH, BY THE EDWARDS DRIVE PROJECT, WASTEWATER TREATMENT AND EXPANSION PLANT.
UH, WE'RE AT 93% COMPLETE WITH THE PLANT ITSELF, UH, THE DE-WATERED FACILITY, WE'RE STILL ABOUT 13% COMPLETE.
[01:05:01]
ON SATURDAYS TO TRY TO STAY ON SCHEDULE.UH, WE'RE STILL CONTINUING TO WORK ON TRAINING THE OPERATORS AND, UH, WE HAD TO SLIP AGAIN A LITTLE BIT ON THE SCHEDULE.
SO WE'RE LOOKING AT EARLY MAY OF 2022 TO, UH, UH, OPEN UP THE PLANT AND WE'RE, UH, DUE TO SUPPLY CHAIN ISSUES THAT WE HAD THERE, A DE WATERING FACILITY YOU EXPECT BE COMPLETED WITH THAT WHEN AN ONLINE IN AUGUST OF 2022, HERE'S THE OVERALL PICTURE OF THE SITE.
AND WE HAD QUITE A FEW PEOPLE DOING THE TRAINING ON THESE CLARIFIERS THAT WE HAVE OUT THERE AND A TRAINING OFFICER FOR THE PUMP CONTROLS THAT WE HAVE OUT THERE.
JUST TO LET YOU KNOW THE STATUS ON A COUPLE OF OTHER PROJECTS THAT WE'RE WORKING ON, OUR ITEMS THAT WE'RE WORKING ON.
WE DID HAVE OUR OPEN HOUSE LAST WEEK.
UNFORTUNATELY, WE DIDN'T HAVE A LOT OF VISITORS.
WE JUST HAD TWO VISITORS THERE WITH STAFF, PROBABLY AT NUMBERED, THE FOLKS THAT WE HAD COMING VIBE, BUT WE WERE THERE FOR QUESTIONS IN CASE ANYBODY HAD ANY, UH, THE PERMIT AMENDMENT THAT WE SUBMITTED TO TCQ TO TAKE US UP TO NINE AND POSSIBLY 12 MGD.
UH, WE, THEY REQUESTED ADDITIONAL INFORMATION AND WE'RE RESPONDING TO THEIR QUESTIONS.
UH, THE APPLICATION TO THE TEXAS WATER DEVELOPMENT BOARD.
UH, WE'RE STILL WAITING ON NOTICE TO, TO, UH, GIVE US AN INVITATION TO APPLY PLAID, TO SAY THE BUTTON CREEK INTERCEPTOR PHASE TWO WE'RE THROUGH WITH THE 36 INCH LINE HAS BEEN CONNECTED.
UM, WE STILL HAVE SOME 12 INCH RECLAIM LINE THAT WE NEED TO INSTALL.
AND THE 42 INCH LINE BY THE WAY IS READY TO GO.
WE HAVE A COUPLE OF SUBDIVISIONS THAT ARE PAINTED TIED TO THAT.
SO AT LEAST THAT LOWER SECTION IS READY TO GO.
THE SOUTH PORTION IS OPEN ALL THE WAY UP TO ZARIA AND THE CHURCH DOES HAVE ACCESS TO THE, UH, WE'VE MADE ACCESS FOR THE, UH, CONCRETE COMPANY ALSO.
AND, UH, WE'RE MOBILIZING ON THE NORTH END AND WE'RE SITTING OUT EROSION DRILLS, ELLIOT BRANCH INTERCEPTOR.
WE'RE AT ABOUT 61% COMPLETE, UH, WE'RE WORKING ON GROWTH STREET RIGHT NOW, INSTALLING MANHOLES, AND WE'RE STILL WRAPPING UP THE BLIND THAT'S ON OLD HIGHWAY 81.
THERE'S QUITE A FEW CONSENT AGENDA ITEMS. LET ME START WITH NUMBER 13.
UH, THAT'S UH, SURVEYING, UH, FOR SOME CONSTRUCTION STAKING THAT WE NEED FOR THE NORTH END OF THE OPA STROKE PROJECT.
UH, UH, NUMBER 14, I'M REQUESTING COUNSEL TO GO AHEAD AND POSTPONE THAT PARTICULAR ITEM.
THERE'S A QUESTION CONCERNING THE CONTRACTORS, UH, PAPERWORK THAT WE NEED TO QUESTION ON NIGHT AND 15.
UH, THIS IS A TASK ORDER TO LJ TO WIDEN THE I 35 SOUTHBOUND FRONTAGE ROAD, NUMBER 16, THAT'S ANOTHER TASK ORDER TO CP AND WHY TO PROVIDE OUR PRELIMINARY ENGINEERING REPORT.
WE NEED FOR ONE 50, WE'RE ANTICIPATING SUBMITTING TO CAMPOS.
SO WE NEED FOR THEM TO START AS SOON AS POSSIBLE.
UH, SAME THING FOR NUMBER 17, THAT'S THE LJ FOR THE COAST CROSSING OVERPASS.
WE'RE ALSO WANTING YOU TO SUBMIT THAT PROJECT TO CAMPUS.
SO WE NEED TO ESTIMATE SO WE CAN SUBMIT, UH, WHAT WE HAVE, UH, NUMBER 18, THIS AUTHORIZES THE CITY MANAGER TO NEGOTIATE AGREEMENTS WITH THE SIX ENGINEERING FIRMS THAT WERE SELECTED TO PROVIDE A PRELIMINARY ENGINEERING REPORTS FOR THE REST OF ROAD BOND PROJECTS THAT WE WANT TO TAKE UP POSSIBLY TO THE VOTERS.
CARRIE, DID YOU HAVE SOMETHING YOU WANT TO PRESENT? UM, MAYOR COUNCIL MEMBERS, CARRIE HENDRICKS, ASSISTANT CITY MANAGER FOR THE RECORD, JUST WANTED TO UPDATE YOU BRIEFLY ON SOME OF THE BEAUTIFICATION PROJECTS WE HAVE IN THE WORKS FOR THE CORRIDOR BEAUTIFICATION PROJECTS.
THEY'RE STILL FINALIZING THEIR PERMITS AND THEIR TRAFFIC CONTROL PLANS, AS WELL AS, UM, GETTING ALL THEIR MATERIALS IN ORDER AND ON ORDER.
UH, I DO KNOW THAT THE ROUNDABOUTS SHOULD BE IN CONSTRUCTION SOMETIME NEXT WEEK, AND WE'LL BE MEETING SHORTLY TO REVIEW THAT TRAFFIC CONTROL PLAN AND MAKE SURE THAT THE PUBLIC'S NOTIFIED SHOULD THERE BE ANY DISRUPTIONS IN THEIR, IN THEIR TRAVEL PATTERNS IN THAT AREA.
AND, UH, FOR THE IRRIGATION PROJECT, WE DID HAVE A ON-SITE MEETING WITH THEM ON, UH, APRIL 7TH.
THEY'RE STILL WORKING ON FINISHING THE IRRIGATION, UH, IRRIGATION PLANS TO 100%, AND THEN NOW THEY CAN CONSTRUCTION ON THAT PROJECT TO NOW AVAILABLE FOR ANY QUESTIONS.
DOES ANYBODY HAVE ANY QUESTIONS FOR JERRY OR FOR LEON? ALRIGHT, THANK YOU VERY MUCH.
OH, CUSTOMER ALISON, YOU ASKED VERY SPECIFICALLY FOR THOSE TWO, SO I DIDN'T HAVE ANY FOR THEM, BUT I DO, UH, COUNSEL, UH, WE, UH, HAVE A UPDATE THAT, UH, THE AMPUTEE AND I WANT TO PROVIDE YOU ALL ON THE PUBLIC SAFETY CENTER.
AND I THINK THAT'S THE APPROPRIATE TIME TO DO IT NOW, SINCE THESE ARE THE PROJECTS.
SO WE DID HAVE ONE THAT CAME UP BEFORE LAST MEETING, AND THEN WE HAD ONE COME UP BEFORE THIS MEETING.
SO WE JUST WANT TO KEEP YOU ALL IN THE LOOP ON THEM.
UH, THE FIRST ONE, THERE WAS, UM, NO CHANGE, UH, TO THE,
[01:10:01]
UH, AMOUNT.UH, SO THERE WAS A EXTERNAL FENCING THAT THERE WERE SOME ISSUES AND GETTING THE, UH, THE BRICK THAT WE ORIGINALLY WANTED IN ON TIME.
SO THERE WERE SOME OPTIONS TO, UH, CHOOSE TWO OTHER COLORS OF BRICK, BUT IT WOULD HAVE BEEN, UH, AN ADDITIONAL COST.
UH, THERE WAS AN OPTION OF ONE COLOR BRICK THAT WAS LIGHTER THAN THE ORIGINAL IDEA THAT WE HAD FOR THE, UH, IT'S.
THIS IS JUST THE PERIMETER FENCE.
UM, AND SO WE DECIDED TO NOT ADD ANY ADDITIONAL COSTS FOR THE PERIMETER FENCE, BECAUSE WE KNEW WE PROBABLY HAVE, UH, OTHER THINGS ON THE BUILDING AND WE WANTED TO SAVE ANY ADDITIONAL COSTS FOR THE BUILDING.
SO WE WENT ON AND WENT WITH THE LIGHTER COLOR PERIMETER FENCE, UH, IN REGARDS TO THAT ONE.
UH, DID YOU HAVE ANYTHING YOU WANT TO ADD TO THAT? JUST WANT TO SAY THAT THE REASON WE WOULDN'T HAVE MADE THAT CALL WAS BECAUSE OF TIME MAKING SURE THAT WE DIDN'T EXTEND THE PROJECT, UH, TIME, UH, FINISHED STATE.
SO IT WAS SOMETHING THAT, UH, WE GOT ON A CALL WITH CHIEF AND, UH, JUST WENT FORWARD WITH IT.
UH, JUST WANTED TO GIVE, UH, PROVIDE AN UPDATE TO THE COUNCIL SIDE.
THERE WOULD, THEY KNOW WHY WE WENT FORWARD WITH THIS.
AND, UM, IT WAS, IT WAS TIMING REALLY WHAT IT WAS AND MAKING SURE WE HAD THE SAVINGS BECAUSE MATERIAL'S HARD TO GET RIGHT NOW.
AND SO THIS, THIS PARTICULAR THAT I'M GOING TO BRING UP A SECOND ITEM, BUT THIS PARTICULAR ITEM, THERE WAS NO CHANGE IN THE COST.
NOW WE COULD HAVE WENT WITH THE OTHER TWO, UH, AND THEY WOULD'VE COME IN ON TIME.
SO IT WOULDN'T HAVE CHANGED THE, THE, UH, TIME, BUT IT WOULD HAVE BEEN AN ADDITIONAL COST.
SO, UH, WE JUST, WE NEGLECTED TO MENTION THAT LAST TIME AND WANTING TO MAKE SURE WE KEPT YOU ALL AWARE.
AND I JUST WANT TO TAKE A MOMENT AND SAY, AGC M HAS BEEN REALLY GREAT ABOUT PROVIDING US A GREAT SUMMARY.
THEY GET US ON THE LINE WHERE YOU GUYS AT, UH, WITH CHIEF AND, AND SCOTT AND WHOMEVER ELSE IS A PART OF IT, UH, AND THEN COUNTS.
AND I, UM, CAUSE SOMETIMES THESE DECISIONS ARE VERY TIMELY AND TO MAKE A DECISION CAUSE EVERY DAY THAT GOES BY EXTENDS, COULD DIXON, THE PROJECT COULD EXTEND COSTS EVEN MORE THAN THE ACTUAL DAY.
SO WE THINK AGCS FOR KEEPING THE SURPRISE OF THOSE.
THE SECOND THING THAT WE HAD TO LOOK AT THIS WEEK, THIS PAST WEEK WAS, UH, SWITCH GEARS, UH, THAT HELP, UH, COOL THE BUILDING ESSENTIALLY, UH, FOR VARIOUS DIFFERENT PROJECTS THAT WILL BE COMING UP FLOORING AND DIFFERENT THINGS LIKE THAT.
SO, UM, WE DID HAVE TO MAKE A TOUGH DECISION ON THAT.
UM, IF I'M GOING TO JUST BREAK IT DOWN REALLY SIMPLY, UH, WE HAD A, ROUGHLY $24,000, UH, QUICK SHIP ON THE SWITCH GEARS.
OTHERWISE IT WOULD HAVE BEEN A 32 WEEK PROJECTED, UH, RECEIVING ON THOSE INSTEAD OF THE 16 WEEK LEAD TIME.
SO, UM, UH, LIKE I SAID, ONCE AGAIN, WE WENT ON AND MADE THE DECISION TO GO WITH THE, UH, THE ADDITIONAL COST OF THE 24,000, BUT BECAUSE WE WANTED TO KEEP WITH THE TIMEFRAME, UM, WITH THE 16 WEEK WEEKLY TIME.
SO, UH, CERTAINLY HAPPY TO ANSWER ANY QUESTIONS ON THAT.
AND CERTAINLY HECM CAN, CAN HELP FILL IN ANY DETAILS AS WELL.
BUT WE JUST, ONCE AGAIN, TRYING TO DO OUR BEST TO KEEP Y'ALL IN THE LOOP AND, UH, HOPE Y'ALL UNDERSTAND WHY IT'S KINDA LIKE THIS BECAUSE SOME DECISIONS JUST, WE CAN'T WAIT EVERY TWO WEEKS TO BRING THEM BACK TO COUNCIL EVERY TIME.
SO I HOPE YOU ALL UNDERSTAND THAT.
CERTAINLY IF THERE'S A DIFFERENT DIRECTION, YOU ALL WOULD LIKE TO GIVE TO A MAYOR PRO TIM RIZZO.
AND I WE'D BE CERTAINLY HAPPY TO HEAR IT CUSTOMER FLOOR SCALE.
MY FIRST QUESTION IS GOING TO BE, UM, DO YOU GUYS WORK ON THAT? CAUSE YOU'RE ON THE TASK FORCE, IS THAT, I GUESS I'M CONFUSED AS TO WHY.
YEAH, SO ESSENTIALLY, UH, BY AND LARGE THAT, I MEAN, AT THE END OF THE DAY, ONCE AGAIN, UH, YOU KNOW, IT'S A CHALLENGE, I THINK FOR THE OVERALL PROJECT TO WAIT FOR EVERY TWO WEEKS TO BRING IT BACK TO THE FULL BODY, UH, MEMPHIS CHAMBERS AND I ARE THE ONLY TWO COUNCIL MEMBERS LEFT THAT WERE STILL ON THAT TASK FORCE THAT WERE A PART OF THIS PROCESS FROM THE BEGINNING.
SO WE'RE TRYING TO KEEP IT AS CLOSE TO WHAT IT WAS, BUT ONCE AGAIN, FOR THE SAKE OF TIME, JUST TRYING TO, UM, OKAY.
UM, AND THEN THE $24,000 QUICK SHIP WAS JUST TO GET IT MAILED FASTER.
DAVID, IF YOU WANT TO TAKE THAT WOULD PROBABLY BE BETTER.
UH, DAVID HARDING, HECM PROJECT MANAGER.
SO WHAT WE HAD AND THEY'RE ABSOLUTELY RIGHT NOW, I WANT TO SAY, I REALLY APPLAUD THIS, THAT YOU GUYS ARE DOING THIS BECAUSE SOME THINGS ARE MOVING FAST.
WE ARE IN A MARKET WHERE THE PRICING IS GOING UP LEAD TIMES ARE JUST GOING CRAZY WITH CERTAIN MATERIALS AND WE GET CALLS WE HAVE TO MAKE IN LIKE DAYS.
UM, AND IT'S, IT CAN BE REALLY CHALLENGING BECAUSE WE DON'T, WE DON'T ALWAYS KNOW LIKE, YOU KNOW, $24,000 SOUNDS LIKE A LOT OF MONEY.
THE PROBLEM IS IF YOU PUSH OUT A CONSTRUCTION CONTRACT 32 WEEKS, AND YOU, YOU INCUR EXTENDED GENERAL CONDITIONS OF LIKE $2,000 A DAY, THAT'S GOING TO FAR EXCEED A $24,000 SHIP, YOUR QUICK SHIP COST.
SO WE MAKE THOSE KINDS OF DECISIONS.
UM, UH, COUNCIL MEMBER RIZZO AND ELLISON HAVE BEEN EXCELLENT IN HELPING ME TO SORT OF NAVIGATE AND EXPEDITE THESE CHANNELS.
[01:15:01]
NEVER TO CIRCUMVENT COUNCIL EVER.WE JUST, WE WANT TO DO WHAT'S IN THE BEST INTEREST OF THE CITY OF KYLE AND HELP YOU GUYS MAKE THE BEST DECISIONS IN THE MOST, UH, IN THE, IN THE BEST POSSIBLE TIMEFRAME.
UH, GIVEN THE FACT THAT WE ARE UNDER THE GUN ON A LOT OF THESE, I HOPE THAT ANSWERS THE QUESTION TO SOME DEGREE.
ANYONE ELSE? UH, CUSTOMER TOBY'S, UM, THANK YOU BOTH FOR DOING THAT.
UH, MAYOR PRETTYMAN, COUNCILMAN NELSON, UM, THESE PROJECTS WE DO WANT TO KEEP GOING AND, UH, I APPRECIATE YOU GUYS, UH, INFORMING US ABOUT THAT, BUT STAYING ON THE BALL AND IT MAKING THESE QUICK DECISIONS, BECAUSE WE NEED TO KEEP US GOING.
AND IT IS TRUE ABOUT THE, THE PRODUCT OF WHEN YOU STALEMATE A CONSTRUCTION PROJECT OR WHATEVER IT IS LIKE WE'RE GOING THROUGH RIGHT NOW AT MY CURRENT WORK.
AND THEN NEXT THING YOU KNOW, THOSE VENDORS GO TO ANOTHER JOB.
AND THEN NEXT THING YOU KNOW, WE'RE THREE WEEKS, FOUR WEEKS BEHIND.
SO THANK YOU BOTH FOR STAYING ON TOP OF THAT.
ONE OF THE THINGS ALSO IS THAT, UH, AS YOU'RE WAITING, UH, PRODUCTS ARE HARDER AND HARDER TO GET A HOLD OF.
SO ANY TIME YOU, UH, POSTPONE SOMETHING, UH, BEING ORDERED, YOU MIGHT NOT GET IT.
THE 32 WEEKS WAS NOT A GUARANTEE.
SO THERE'S, THERE'S DEFINITELY A LOT GOING ON WITH THE MARKET RIGHT NOW.
SO DEFINITELY GOING TO BE PROACTIVE AND WORK WITH, UH, A LOT OF SPEED.
SO IT'S KIND OF CRAZY MARKET RIGHT NOW.
[VI. Consent Agenda]
UP IS THE CONSENT AGENDA.I NEED TO PULL ITEM 1421 AND 22.
UH, ARE THERE OTHER ITEMS WISHING TO BE POOLED CUSTOMER FLOOR SCALE? ALL RIGHT.
I'D LIKE TO PULL ITEMS 9, 11, 12, AND 19.
I'LL MAKE A MOTION TO APPROVE AGENDA ITEMS. 7, 8, 10, 13, 15, 16, 17, 18 AND 20.
IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR, SAY AYE.
MOTION CARRIES SEVEN TO ZERO, UH, UH, ITEMS 14, 20 AND 21.
1421 AND 22 ARE ALL REQUESTING FOR A POSTPONEMENT.
[9. Authorize a change in the company name from BRIGHTVIEW LANDSCAPESERVICES, INC., DBA WLE to BRIGHTVIEW LANDSCAPEDEVELOPMENT, INC. On March 1, 2022, a Change Order was authorized byCity Council to BRIGHTVIEW LANDSCAPE SERVICES, INC., DBA WLE toadd four additional scopes of work in an amount not to exceed $430,669.78 forproviding landscape, tree planting, and irrigation services in the City'sbeautification corridors. ~ Jerry Hendrix, Assistant City Manager]
AGENDA ITEM NUMBER NINE, AUTHORIZE A CHANGE IN THE COMPANY.NAME FROM BRIGHT VIEW LANDSCAPE, UH, UH, SERVICES INC.
DBA W LEE TO DEBRA VIEW LANDSCAPE DEVELOPMENT INC.
ON MARCH 21ST, 2022, UH, CHANGE ORDER WAS AUTHORIZED BY THE CITY COUNCIL, UH, TO BRIGHT VIEW, UH, TO ADD FOUR ADDITIONAL SCOPES OF WORK IN AN AMOUNT NOT TO EXCEED $430,669 78 CENTS, UH, FOR PROVIDING LANDSCAPE TREE PLANTING IRRIGATION SERVICES IN THE CITY'S BEAUTIFICATION CORRIDORS.
THIS IS MR. HENDRICKS ITEM, COUNCILMEMBER FOR SCALE.
UM, MAY I ASK WHO SAID THIS WAS A QUOTE I THINK IN HERE IS A HOUSEKEEPING ITEM.
UM, SO IN, I'M KIND OF CONFUSED BECAUSE ONCE I LOOKED IT UP ONLINE, IT'S DEFINITELY NOT A NAME CHANGE.
UM, REGARDING BRIGHTVIEW LANDSCAPE SERVICES COM INC DB A W L E.
ANOTHER ENTITY IS BRIGHTVIEW LANDSCAPE DEVELOPMENT COM INC.
SO WE'RE NOT JUST SWITCHING OUT NAMES, WE'RE SWITCHING OUT COMPANIES, BUT THEN BRIGHT VIEW IN THERE IN WLS ACT, BETA ACQUIRED BY PRIVATE VIEW.
THEY HAVE A LOT OF INTERNAL STUFF GOING ON AND A LOT OF TRANSITION.
WE, WHEN WE ORIGINALLY WROTE FOR THE AGENDA ITEM, THE PAPERWORK THEY GAVE IS SYNDICATED ONE NAME.
WHEN WE SUBMIT IT, THOSE POS THEY'VE ASKED US TO CHANGE THEM TO DIFFERENT PART OF THEIR ORGANIZATION.
AND THAT'S WHAT WE'RE BRINGING FORWARD NOW IS TO CLEAN UP THAT AND MAKE SURE THAT THE POS REPRESENT THE RIGHT PART OF THEIR ORGANIZATION.
IT'S NOT SOMETHING THAT INITIATED WITH US IT'S THAT THEY ASKED US TO CHANGE THAT ON THEIR BEHALF.
UM, WELL, MY ONLY FEAR IS IF WE SWITCH FROM ONE COMPANY TO ANOTHER, THAT IT MIGHT BRING SOME ISSUES IN THE FUTURE.
UM, HOW DO, LIKE WHAT, WHAT DID YOU GUYS SEE OR OBTAIN FROM THE COMPANIES TO CONFIRM THAT THERE'S A MERGER OR THERE'S A SALE AND WE, YOU HAVE THE AUTHORITY TO TRANSFER THIS CONTRACT FROM ONE COMPANY TO ANOTHER.
WE ASKED FOR A W NINE FOR ALL THE POS COMPANIES THAT WE WRITE CHECKS TO AND ENTER INTO CONTRACTS WITH.
SO THE, I GET, SO A W NINE IS LIKE A SOCIAL SECURITY NUMBER AND THAT WILL BE FOR OTHER ONE OF THE COMPANIES.
BUT MY QUESTION IS MAYBE I SHOULD ASK PAGE
[01:20:01]
WHEN WE SWITCHED CONTRACTS, UM, OR ENTITIES THAT HAVE THAT CONTRACT.IS THERE ANYTHING THAT THE CITY SHOULD HAVE ON FILE? ANY MERGER DOCUMENTS, ANY KIND OF, UM, INFORMATION THAT SHOWS THAT WE ARE NOT BREAKING CONTRACT WITH ONE TO GO TO ANOTHER, USUALLY WHEN A COMPANY IS ACQUIRED BY ANOTHER THAN WE WOULD, IF THERE'S AN ASSIGNMENT CLAUSE IN THE AGREEMENT, THEN WE WOULD APPROVE THIS THROUGH AN ASSIGNMENT.
UM, AND THEY WOULD PROVIDE INFORMATION JUST TO CONFIRM THAT TRANSFER OF THE COMPANY.
AND SO THAT WOULD SUPPORT THE CITY'S APPROVAL OF THE ASSIGNMENT.
I SEE THAT THE AGREEMENT WAS APPROVED LIKE A MONTH AGO, A MONTH AND A HALF AGO.
SO THAT'S PROBABLY WHY THEY'RE ASKING FOR A NAME CHANGE, BUT IT WOULD HAVE, YOU'D BE, IT'D BE HELPFUL TO HAVE THAT SIMILAR INFORMATION TO UNDERSTAND THE COMPANY ACQUISITION, UM, ASPECT OF WHAT HAS HAPPENED HERE.
THAT'S THAT WAS LIKE A TRANSFER A COATRACK WOULD BE REALLY LIKE, IT WOULD BE REASSURING.
THAT'D BE COOL THAN ASSIGNMENT.
SO THERE WAS AN EXISTING CONTRACT WITH W W L E AND SO, YEAH.
AND THEN YOU WENT TO CHANGE ORDER.
SO IF THEY, WE DID AN ASSIGNMENT THAT WOULD COVER EVERYTHING, APPROVED AN ASSIGNMENT THAT WOULD ALSO COVER THE EXISTING CONTRACT PROGRESS, MAKE SURE ALL THAT'S AT ORDER.
AND CAN I SAY THAT THIS IS JUST TO PROTECT THE CITY? THIS IS TO MAKE SURE THAT WE DON'T SWITCH THIS CONTRACT OUT AND THEN LATER ON ONE OF THE COMPANIES SUE US.
SO THAT THAT'S ALL THIS IS FOR, BUT WITH THAT SAID, UM, ARE WE GOING TO POSTPONE THIS ONE AS WELL? IT'S IT'S WITHIN THAT'S WHAT THE COUNCIL'S DISCRETION.
I DON'T, I DON'T HAVE THE BACKGROUND INFORMATION TO ADVISE WHETHER IT WOULD BE SUFFICIENT AS PROPOSED.
SO, WELL, I WOULD LIKE TO MAKE A MOTION TO POSTPONE UNTIL WE SEE A TRANSFER CONTRACT OR APPROPRIATE DOCUMENTATION OR APPROPRIATE DOCUMENTATION SHOWING THE TRANSFER OF AUTHORITY OF TRANSFER OF CONTRACT MOTION BY CUSTOMER FLOORS, KALE SECONDED BY COUNCILOR AND PARTIALLY THAT WE POSTPONED AGENDA ITEM NUMBER NINE UNTIL WE ARE, UNTIL WE RECEIVE A TRANSFER CONTRACT THAT SHOWS THAT A TRANSFER'S TAKEN PLACE.
IS THERE A DISCUSSION ON THE MOTION MAY PRO TIMBERS UP JERRY? UH, ARE THEY CURRENTLY WORKING FOR US ON THIS CONTRACT? WELL, THEY'RE ABOUT READY TO BEGIN CONSTRUCTION ON, ON THE ROUNDABOUT.
AND IT LOOKED LIKE IT WAS JUST A HOUSEKEEPING MEASURE.
I TOLD HIM TO NOT SLOW DOWN ON THEIR PREP WORK SO THAT WE DIDN'T LOSE TIME.
SO THAT WOULD BE APPROPRIATE FOR ME TO HAVE THEM STOP AND I COULD HAVE THEM STOP.
SO THIS IS GOING TO DELAY THE PROJECT, UH, TWO MORE WEEKS.
CAN YOU, MAYBE WHAT I WOULD DO IS MAYBE, UM, DON'T VOTE ON THIS ITEM AT THIS TIME AND LET ME SEE IF I CAN LOOK AT IT WHILE WE'RE IN THIS MEETING.
SO WE CAN JUST WITHDRAW YOUR MOTION.
I WITHDRAW MY MOTION UNTIL PAGE ADVISERS.
WE'LL, UH, WE'LL SKIP THROUGH AGENDA ITEM NUMBER NINE AND WE'LL, WE'LL COME BACK LATER TO TAKE IT UP.
[Items 11 & 12]
STEP AGENDA ITEM NUMBER 11, AUTHORIZED AWARD AND EXECUTION OF A PURCHASE ORDER TO ARTISTIC HOLIDAY DESIGNS AND AN AMOUNT NOT TO EXCEED 65,000 4 75 AND 74 CENTS FOR HOLIDAY DISPLAYS FROM AREA CALLED HEARTS AND CITY SQUARE PARK.UH, THIS ITEM IS MARIANA ESPINOSA, CUSTOMER FLOORS, KALE.
AND IF IT'S POSSIBLE, MAY I PLEASE DISCUSS 11 AND 12 SO WE CAN KIND OF KNOCK THEM OUT? UH, SURE.
UH, THERE ARE NO OBJECTIONS I'M GONNA BRING OUT 12 UP AS WELL, SEEING NONE ITEM, NUMBER 12, AUTHORIZED AWARD AND EXECUTION OF A PURCHASE ORDER TO DOWNTOWN DECORATIONS, FREDERICKSBURG, TEXAS IN AMOUNT, NOT TO EXCEED $19,148 AND 22 CENTS FOR HOLIDAY DISPLAYS FOR MARY CALL AND CITY SQUARE PARK THROUGH THE BOB WARD PROGRAM.
SO MY FIRST QUESTION IS THESE ARE GOING TO GO AT THE MARY CAROL HEARTS IN PARK.
THE NEW DECORATION ALL GOES AT THE AMERICAN ARTS.
UM, SO MY, MY CONCERN IS IT FELT REALLY TIGHT THERE LAST YEAR.
UM, AND REALLY LIKE, I THINK IT WAS GOOD FOR WHAT IT WAS LIKE, IT WAS PERFECT, LIKE NOT TOO MUCH.
SO, AND I SAW ON THE LAYOUT THAT YOU GUYS HAD PLACES FOR IT.
UM, SO MY TWO CONCERNS ARE WE DID 120, 175,000 LAST YEAR.
SO, AND WE GOT, I MEAN, I THINK PEOPLE WERE PRETTY, UM, INITIALLY THEY WERE UPSET.
RESIDENTS WERE UPSET, THEN THEY KIND OF APPRECIATED IT, WHICH KIND OF TEETERS ME ON THE FENCE OF DO WE SPEND ANOTHER, ALMOST $85,000 ON LIGHTS? UM, SO HOW DO I JUSTIFY THAT TO MY RESIDENTS? HANG ON JUST CASPER
[01:25:01]
COURSE CATALYZE THE FLOOR.SO WHENEVER YOU'RE THEY DON'T GO TO COUNSELOR HOUSE.
SO FIRST OF ALL, I WAS IN REGARDS TO THE LAYOUT.
SOME NOT ALL OF THE DECORATION, WE'LL GO BACK WHERE THEY WERE.
SOME OF THEM, WE ARE IN CURRENTLY IN PLANS TO USE SOME OF OUR OLD DECORATION AT GREG CLARK PARK.
SO THERE'LL BE A DRIVE-THROUGH OF HOLIDAY DECORATION AT GREG CLARK PARK.
AND SOME, SOME OF THE OLDER PIECES THERE'LL BE UTILIZED OVER THERE.
SO WE ARE CURRENTLY REWORKING THE PLAN TO PLACE ALL THE NEW DISPLAYS, UM, AND THEN BASE OFF COUNCIL DIRECTION LAST YEAR.
AND I THINK MAYBE SOME VISIONING RETREAT CONVERSATIONS AND CITY STAFF DIRECTIVES, UM, WE WERE ASKED, YOU KNOW, TO ALWAYS TRY AND BRING IN NEW DECORATIONS EVERY SINGLE YEAR, HENCE WHY THE ANNUAL FUNDING WAS APPROVED.
IT MAKES ME FEEL A LOT BETTER KNOWING THAT SOME OF THESE THAT WE USE LAST YEAR, WE'RE GOING TO BE AT GREG CLARK PARK.
UM, I THINK THAT'S A LITTLE BIT OF EXCITING, IS THAT CORRECT? THAT YOU'RE GOING TO HAVE IS CORRECT.
THAT WAS MY CONCERN IS, AND THAT THIS MONEY IS GOING TO COME FROM THE WATER TOWER LIGHT.
WE HAD TO DO A BUDGET AMENDMENT ON, SO THAT IS KIND OF A CONCERN TO ME.
UH, SO ONE THING I WOULD SAY TO THE RESIDENTS IS THIS MONEY IS COMING FROM THE PART DEVELOPMENT FUND.
CAUSE THAT WAS ONE OF THE CHANGES WE MADE AND I'M LOOKING FOR PER BEZ.
UH, SO WHEN WE DID DO THE BUDGET AMENDMENT LAST SUMMER FOR THIS FUNDING, UH, IT WAS ORIGINALLY PROPOSED TO COME FROM THE GENERAL FUND, BUT, UH, IT WAS THE, IT WAS CHANGED TO MAKE THE FUNDS COME FROM PARK DEVELOPMENT FUNDS, WHICH TAXPAYERS DO NOT PAY THOSE FUNDS, UH, INTO THAT, UH, FUND, CORRECT.
THAT IS PROVIDED THROUGH, UH, DEVELOPERS THAT PAY INTO THAT FUND, UH, ALONG WITH IMPACT FEES, ADJACENT LANE MILE FEES AND THINGS LIKE THAT, UH, PREPARED US RIGHT ON TIME.
WE'RE TALKING ABOUT WHERE THE MONEY IS COMING FROM FOR THE, UH, REPROGRAMMING REPROGRAMMING OF THE FUNDS FROM THE HISTORIC WATER TOWER, FESTIVE LIGHTING THAT FUNDING THE LINE ITEM IS FROM THE PARK DEVELOPMENT FUND, CORRECT? THAT'S CORRECT.
UH, MARIN COUNCIL FOR THE RECORD ON PROVISIONAL HEAT, CITY'S DIRECTOR OF FINANCE, UH, IN THE CURRENT APPROVED BUDGET WHEN WE HAD COUNSELED ADOPTED THE BUDGET $175,000 WAS EARMARKED FOR THE HISTORIC WATER TOWER FESTIVE LIGHTING PROJECT.
AND THAT WAS DEDICATED FROM THE PARK DEVELOPMENT FUND.
SURELY WE WON'T MENTION WHO'S GREAT.
UH, BUT, UH, SO THAT, THAT IS ONE THING THAT IS A BIG DIFFERENCE.
UH, THERE FOR ME, IT THAT NONE OF THE FUNDS THAT WENT TOWARDS ANY OF THE LIGHTS LAST YEAR AND WHAT IS BEING PROPOSED HERE ARE COMING.
NONE OF IT IS COMING FROM AD VALOREM PROPERTY TAX RATES.
I WILL SAY THOUGH, UM, I WAS, I DID VOTE AGAINST, UH, THIS FUNDING FOR THE HISTORIC WATER TOWER, FESTIVE LIGHTING, BECAUSE I DIDN'T THINK WE HAD A GOOD, UH, IDEA OF WHAT THAT WAS GOING TO COST AT THE TIME.
UM, I WAS IN FAVOR OF THE LIGHTS THAT WENT INTO THE SQUARE BECAUSE WE DID HAVE A GOOD, UH, ESTIMATE AND, UH, INVOICE ON THAT.
SO HOPEFULLY THE COUNCIL NEVER DOES THIS AGAIN.
I'M NOT A BIG FAN OF BUDGET AMENDMENTS, UH, PARTICULARLY ONES WITHOUT A THOROUGH INVESTIGATING OF WHAT THINGS WILL COST, BUT SINCE IT WAS DONE, UM, I AM HAPPY THAT THE FUNDS ARE STILL COMING FROM THE PARTNER DEVELOPMENT FUND IN ORDER TO REPURPOSE THIS.
I'D LIKE TO MAKE A MOTION TO APPROVE ITEMS 11 AND 12 SECOND MOTION BY THE MAYOR, SECONDED BY COUNCILLOR FLOOR SCALES OR DISCUSSION ON THE MOTION.
ALL THOSE IN FAVOR, SAY AYE, ALL OPPOSED.
UH, IF THERE ARE NO OBJECTIONS WE'RE GOING TO POSTPONE, UH, ITEM I'M NUMBER 14, WE WILL BRING IT BACK.
[19. Authorize the Mayor or his designee to execute a contract with GrantWorks forthe purpose of preparing and submitting grant applications on behalf of the City ofKyle. ~ James R. Earp, Assistant City Manager]
UP AGENDA.UH, NUMBER AUTHORIZED MAYOR IS DESIGNEE TO EXECUTE CONTRACT WITH GRANT WORKS FOR THE PURPOSE OF PREPARING AND SUBMITTING GRANT APPLICATIONS ON BEHALF OF THE CITY OF KYLE IS AND MR. EARTH'S ITEM, CUSTOMER FLOOR SCALE.
SO I DIDN'T KNOW IF YOU WERE GOING TO STATE YOUR NAME FOR THE RECORD.
I WAS WAITING FOR THE QUESTION, UH, MAYOR COUNCIL FOR THE RECORD.
UH, JAMES ARPS IS THE CITY MANAGER.
UM, I JUST, W WOULD YOU JUST GIVE A BRIEF DESCRIPTION OF WHAT THIS IS, UH, THE GRANTS WORK? I KNOW IT WAS SOMEBODY THAT WE DECIDED TO HIRE FOR GRANT WORK.
SO A QUICK PRESENTATION ON THE ITEM, UM, THIS GOES BACK TO THE RFP THAT THE CITY COUNCIL AWARDED AT THE LAST COUNCIL MEETING.
THIS IS THE CONTRACT THAT WILL ALLOW THEM TO MOVE FORWARD WITH THEIR ACTUAL WORK.
[01:30:01]
THEY'RE WRITING YOUR GRANT FOR IS A HAZARD MITIGATION GRANT.UM, OF THE ITEMS THAT WE HAD ORIGINALLY LOOKED AT, WE FEEL LIKE, UH, THE GENERATORS ARE GOING TO SCORE THE BEST, UH, CONSIDERING THAT THEY DON'T, UH, HAVE, UH, INCOME REQUIREMENTS THAT SOME OF THE OTHER, UH, OP PROJECTS THAT WE WOULD HAVE LOOKED AT AND LIKED TO HAVE DONE DO THE GRANT WINDOW DID GET EXTENDED TO JUNE 30TH.
SO WE'RE HAPPY TO HAVE A LITTLE BIT MORE TIME UNDER OUR BELTS CAUSE THEY WERE ORIGINALLY DUE APRIL 30TH.
UH, BUT GRANT WORKS IS STANDING BY AND, UH, HAS BEEN DONE A LOT OF WORK BEHIND THE SCENES SINCE THE AWARD ON THE RFP, BUT THEY HAVE BEEN VERY ADAMANT THAT THEY'RE NOT TAKING A SINGLE STROKE ON THEIR CONTRACT OR ON THE APPLICATION UNTIL THEY HAVE THEIR CONTRACT.
SO, UM, SO THAT'S WHAT'S BEFORE YOU TO NOT AS TO JUST AUTHORIZE THEM TO GET THE APPLICATION PULLED TOGETHER AND SUBMITTED FOR US.
I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 19 SECOND, A MOTION BY CUSTOMER FLOORS, KALE SIGNAL BY THE MAYORS ARE DISCUSSION ON THE MOTION.
[23. Consider a sponsorship or donation to the 2022 Operation: Hats off for Veteransevent (April 24, 2022) benefitting the Kyle VFW Post #12058 and their Veteranservices programs. ~ Dex Ellison, Council Member]
NEXT UP.WE'RE GOING TO BRING UP AGENDA ON 23, CONSIDER A SPONSORSHIP OR DONATION TO THE 2022 OPERATIONS HATS OFF FOR VETERANS EVENT, UH, BENEFITING THE COPY OF W UH, POST 1258 AND THEIR VETERANS SERVICES PROGRAMS CAUSE RAILS.
UM, SO, UH, DIGITAL ITEMS PRETTY DESCRIPTIVE, UH, THERE.
SO, UH, SOME OF YOU ALL MIGHT HAVE SEEN, UH, THIS FLYER, UH, COUNCIL AND, UH, FOR THE RESIDENTS.
SO THIS IS A, THE ANNUAL FUNDRAISER THAT THE, UH, BFW COPY OF W POSTS 12 0 5 8, UH, DOES EVERY YEAR, THE PROCEEDS WILL BENEFIT THAT POST AND THEIR VETERANS SERVICE PROGRAM.
AND IF ANY OF YOU ALL ARE FAMILIAR WITH OUR VFW POST 12 0 5 8, UH, AND, UH, I THINK, UH, JIMMY SAYS IT, THE BEST IS A THEY'RE.
THEY'RE NOT, THEIR POST IS NOT ABOUT HAVING A GOOD TIME AND A BAR AND ALL THESE OTHER DIFFERENT TYPES OF THINGS.
THEY USE ALL THEIR FUNDING TO HELP VETERANS.
AND, UH, THAT IS, UH, THAT IS SOMETHING THEY WEAR ON THEIR SLEEVE.
AND THEY'RE VERY PROUD OF IT AS THEY SHOULD BE.
UH, SO THERE IS AN EVENT ON SUNDAY, APRIL 24TH, UH, THAT I HAD THE CITY MANAGER FORWARD.
YOU ALL THE EVENT BRIGHT, UH, INVITE THAT SHOWED THE DIFFERENT SPONSORSHIP LEVELS.
UH, AND I WANTED TO COME TO THE COUNCIL AND SEE IF THERE WAS ANY INTEREST IN, UM, UH, SPONSORING ON ANY TYPE OF LEVEL OR ANY TYPE OF AMOUNT FOR THIS EVENT.
ALRIGHT, THANK YOU, COUNCIL MEMBERS, UH, ANY CUSTOMER PARSLEY, UH, THANK YOU, MAYOR.
I WANTED TO THINK, UM, CONSOLE MEMBER ELLISON FOR BRINGING THIS UP.
THIS IS SOMETHING THAT I WANTED TO LIKE DO PERSONALLY.
SO I W FULLY SUPPORT, YOU KNOW, GIVING SOME SPONSORSHIP TO, UM, BFW WHERE THEY HAD SOFT VETERANS EVENT.
UM, I DO SEE THAT THEY HAVE TABLES FOR $300.
UM, I DON'T KNOW EXACTLY HOW MUCH DO WE WANT TO SUPPORT, BUT, UM, SOMETHING THAT WE CAN DISCUSSING HERE, BUT, UM, I'M GLAD I APPRECIATE THAT YOU BROUGHT THIS BACK.
ANY OTHER THOUGHTS? COMMENTS, CUSTOMER FORCE KILL.
UM, I'M INTERESTED IN GOING, SO I DON'T KNOW IF WE JUST WANT TO TAKE KIND OF LIKE A HEAD COUNT OF PEOPLE.
CAN YOU TELL US WHEN IT WAS AGAIN, I'M SORRY.
SO THIS SUNDAY, THIS SUNDAY, SO MAYBE WE CAN GET A GOOD IDEA OF WHO WANTS TO GO, AND THAT CAN, UM, START FROM THERE.
AS FAR AS THE SPONSORSHIP LEVEL, THE DOOR'S OPEN IT TO LIVE MUSIC AT FOUR, BUT THE TABLES ARE $300.
DO WE KNOW HOW MANY PEOPLE CAN SIT AT A TABLE? EIGHT THAT'S ALL OF US.
SO MAYBE WE DO A TABLE OR TWO.
I DIDN'T COME WITH A RECOMMENDATION BECAUSE I KNOW, WELL, THE SPECIAL INTEREST FUNDING AND ALL THESE OTHER DIFFERENT THINGS HAVE BEEN A CONTINUOUS ITEM ON THIS COUNCIL.
SO I WANTED TO AT LEAST ASK THE QUESTION FIRST, BEFORE I CAME, WHERE THE RECOMMENDATION OF A DOLLAR AMOUNT.
SO I WANTED TO CHECK THE COUNCIL'S TEMPERATURE ON THAT.
UM, AND THEN IF, IF WE WERE, I WANTED THE BODY TO MAKE THE RECOMMENDATION, WELL, THERE YOU, ARE YOU, UH, ARE YOU OPPOSED TO THE $300 TABLE? DOES THAT SEEMED KIND OF ALIGNED WITH WHAT YOU WERE HOPING FOR? I THINK WE'RE ACTUALLY LOOKING FOR A LITTLE HELP BECAUSE I W I, I JUST, DON'T YOU, MAN, I'VE DEALT WITH A LOT ON THIS COUNCIL AT MY TIME AND NOT SURE REALLY WHERE SOMETIMES, UH, WE ARE.
SO, UH, UM, I, I WAS GOING TO BE HAPPY, WHATEVER WE CAN DO, AND I'M SURE THE BFW WOULD BE HAPPY WITH WHATEVER WE COULD DO.
UH, CAUSE IT'S MORE THAN JUST THE MONEY.
I THINK IT IS A, UH, UH, NOTION OF SUPPORT FOR WHAT THEY DO WITH VETERANS' SERVICES IN OUR COMMUNITY.
SO, UM, YOU KNOW, I KIND OF HOLD
[01:35:01]
ME TO A NUMBER, MAN.UH, I I'M, I'M DEFINITELY IN FAVOR OF THIS.
I THINK THIS IS A GREAT, UH, EVENT TO, TO ATTEND AND TO, UH, SEE THE CITY, UH, REALLY SPONSOR.
AND HOW ABOUT OUR VETERANS? UH, I GUESS MY QUESTION IS FOR SCOTT, SCOTT, I KNOW THE COUNCIL HAS BEEN VERY DEAD SET AGAINST, UH, GIVEN TO CHARITY, BUT SINCE THIS BEING A TABLE, I DON'T SEE IT AS A CHARITABLE GIFT, CORRECT.
COUNSEL IS TYPICALLY PURCHASED TABLES FOR EVENTS, INCLUDING CHAMBER EVENTS AND OTHER NON-PROFITS.
CAUSE I KNOW WE'RE GOING TO GET THAT QUESTION.
SO I WANTED TO BRING THAT OUT.
SO MAKING SURE THAT THEY KNOW THAT THIS IS SOMETHING THAT WE'RE GETTING RETURNED AS WELL, SO YEAH, DEFINITELY.
I'M UH, LOOKING AT THE SPONSORSHIPS I'M, I'M GOOD WITH A $300 TABLE.
UH, I'D LIKE TO MAKE A MOTION THAT, UH, I GUESS STAFF WOULD BE, UH, WOULD BE STAFF, DIRECT STAFF, DIRECT STAFF TO SPONSOR A TABLE AT THE, UH, VETERANS, UH, OPERATION HAT'S OFF FOR VETERANS, UM, AT THE, UM, WHAT IS THAT? THE, UH, HOTEL HOTEL, CORRECT.
THE MOTION IS MADE IS, OR SECOND MOVED BY MAYOR PRO TEN SECOND BY CUTS FOR ELLISON THAT WE, UH, SPONSOR A TABLE, UH, FOR THE EVENT.
IS THERE DISCUSSION ON THAT MOTION ALL IN FAVOR, SAY AYE.
[24. Discussion and possible action regarding mayor and council expenses to bepublished and updated every month in the city of Kyle web page. ~ DanielaParsley, Council Member]
NEXT UP AGENDA ITEM 24 DISCUSSION AND POSSIBLE ACTION REGARDING MAYOR AND COUNCIL EXPENSES TO BE PUBLISHED AND UPDATED EVERY MONTH IN THE CITY OF KYLE WEBPAGE, CUSTOMER PARSLEY.SO I DO HAVE TO GIVE A LITTLE, UM, HISTORY OF WHY I'M REQUESTING THIS ITEM AND HE MAY ANSWER QUESTIONS THAT YOU MAY HAVE AFTER.
UM, AS A NEW COUNCIL MEMBER, I THOUGHT I WAS DOING MY DUE DILIGENCE BY REVIEWING ALL COUNCIL, UM, CITY MANAGER'S EXPENSES WHEN I, WE WERE TO RENEW HIS CONTRACT.
AND I NOTICED ON THE DOCUMENTS THAT WERE PROVIDED TO ME THAT THERE WAS, THERE WAS A BIG JUMP FROM 9,000 TO 61,000, UM, FROM ONE YEAR TO THE OTHER.
AND OF COURSE NOT ALL THE EXPENSES BELONG TO HIM.
UM, A LOT OF THE ITEMS WERE LISTED AT COUNCIL MEMBER, COUNCIL MEMBER.
SOME OF THEM HAD NAMES, SOME OF THEM DIDN'T.
UM, SO THAT'S HOW I KNOW NOT EVERYTHING WAS SPENT BY HIM THAT PROMPT, UM, COUNCIL MEMBER FLORES, GUILD TO REQUEST COUNCIL EXPENSES AND REIMBURSEMENTS FROM THE CREDIT CARDS THAT WE, WE GET.
I MEAN, NOT ALL OF THEM HAPPEN, BUT FROM THE CREDIT CARDS THAT WE USE.
UM, SO I'M PRETTY SURE THAT YOU ALL RECEIVED THAT BACKUP MATERIAL, UM, FEW DAYS AGO.
UM, AND I'M PRETTY SURE YOU ALSO NOTICED THAT THERE IS BIG DISCREPANCIES IN WHAT WE SPEND.
SO I WOULD ASSUME UNTIL NOW, NONE OF YOU WERE AWARE OF HOW MUCH EACH OTHER SPINS, UM, I KNOW SOME OF YOU SAID THAT THEY DIDN'T KNOW.
SO UP UNTIL DECEMBER 16, WHEN I GOT APPOINTED, YOU KNOW, I WAS A NORMAL RESIDENT OF KYLE PAYING TAXES AND I KNOW MY TAXES ARE PAYING FOR SOME OF THESE EXPENSES.
SO TO ME SEEING THAT, YOU KNOW, SOME COUNCIL MEMBERS SEEM TO SPEND RESPONSIBLY AND NOT OTHERS.
UM, I HAVE ESTIMATED VALUES IN HERE.
I'M PRETTY SURE THAT THERE HAS TO BE, YOU KNOW, BALANCE HAS TO BE ADDED, BUT THE EXPENSES THAT CITY MANAGER DID ON HIS CREDIT CARD, BUT SEEING SOMEBODY THAT SPENDS FIVE TIMES, THE AMOUNT THAT THE REST OF THE COUNCIL IS PRETTY CONCERNING TO ME BECAUSE, UM, NONE OF, NONE OF THE ITEMS THAT I HAVE IN HERE HAVE ANY STORY OWN, LIKE ALL THEIR DEANNE MEALS, MEALS, MEALS, MEALS, MEALS, ALMOST 30 DAYS OUT OF THE MONTH.
UM, THAT'S PRETTY CONCERNING TO ME BECAUSE MY TAXES IN BRESLIN'S TAXES ARE PAYING FOR THESE MEALS.
SO I KNOW WE HAVE POLICIES IN PLACE THAT TALK ABOUT SPENDING.
UM, WE'RE ON MY POLICIES, THEY'RE ON THE CITY OF KYLE SITE.
AND SO THE OTHER THING THAT WAS CONCERNING TO ME IS THAT WHEN WE HAVE A CREDIT CARD POLICY, I WILL LEAVE AT THE BEGINNING.
I JUST REALIZED MINE IS $5,000.
AND THERE WAS AN INCREASE IN THAT AMOUNT ON OCTOBER 20, 21, AS MR. PARIS PROVIDED FOR US FEW DAYS YESTERDAY OR THE DAY BEFORE NOT, MAY I ASK A QUESTION, MR. BURRIS, WHEN THIS INCREASE HAPPENED, WAS THERE BECAUSE EIGHT COUNCIL MEMBER WENT OVER THAT LIMIT AND THE CREDIT CARD DECLINED? THAT
[01:40:01]
IS CORRECT.UM, HAS THAT HAPPENED TO ANY OTHER COUNCIL MEMBER AT THAT TIME? IT WAS END OF THE MONTH FOR THE STATEMENT AND THAT PARTICULAR COUNCIL MEMBER HAD REACHED ALMOST CLOSE TO THEIR MAXIMUM CREDIT AVAILABILITY AND THEIR TRANSACTION WAS DECLINED.
AND SO THE FOLLOWING TWO MONTHS, THE LIMIT WAS REACH AGAIN AND HE WAS OVER THE 1500.
AND THAT'S WHY THE 5,000 LIMIT WAS GIVEN TO ALL COUNCIL.
I DON'T KNOW THE FOLLOWING TWO MONTHS, BUT THE SEPTEMBER, 2021.
I KNOW FOR SURE THAT PARTICULAR COUNCIL MEMBERS, UH, CREDIT WAS CLOSE TO A MAXIMUM, UH, LET ME PULL UP MY BACKUP MATERIAL.
SO MY POINT IS, UM, I BELIEVE IT'S EXCESSIVE.
I MEAN, THERE IS SEVEN PEOPLE IN THIS COUNCIL AND THEN NONE OF THEM HAD SPENT THAT MUCH.
SO AS A RESIDENT, PRIOR TO THIS, I WOULD WANT TO KNOW WHERE MY TAXPAYER, THE, MY TAX MONEY IS GOING AND HOW OUR ELECTED OFFICIALS ARE SPENDING THIS MONEY.
SO I WOULD LIKE FOR, UM, I DON'T KNOW IF IT'S A DIRECTION TO STOP IT.
I WOULD LIKE TO SEE UNDER EVERY COUNCIL MEMBER ON THE CITY OF KYLE PAGE, MONTHLY REPORTS OF HOW MUCH EVERY COUNCIL MEMBER IS SPENDING, UH, I'D LIKE TO MAKE A MOTION TO DIRECT STAFF, TO PUT COUNCIL EXPENSES ON THE COUNCIL WEBSITE, MONTHLY, UH, AS OUTLINED BY CUSTOMER PARTIALLY MADE BY THE MAYOR.
SECOND BY COUNCIL MEMBER FLORES, KALE.
UH, IS THERE DISCUSSION ON THE MOTION CONSTABLE BRADSHAW? YEAH.
SO I JUST HAVE A FEW QUESTIONS.
UM, I THINK IT'S A GREAT IDEA TO PUT THE EXPENSES UP THERE.
UM, IT'S DEFINITELY GOING TO BE PREVENTATIVE IN THE FUTURE AVOIDING THE SAME SITUATION THAT WE'RE IN RIGHT NOW.
HOWEVER, I DO WANT TO KNOW, ARE WE GOING TO JUST DO THE CREDIT CARDS THAT WE ARE GRANTED OR WOULD YOU LIKE TO INCLUDE TRAVEL EXPENSES AS WELL? BECAUSE THESE NUMBERS THAT YOU PROVIDED US WITH ARE CHERRY-PICKED NOT INCLUDING TRAVEL.
SO MAYBE I'M NOT, I DON'T KNOW HOW THAT THIS CAN LOOK.
AS YOU MENTIONED NORMALLY OUT OF YOUR CAR TRAVEL EXPENSES, HOTELS.
SO THE RESIDENTS ARE NOT SEEING THAT.
SO WOULD IT BE EASIER IF TRAVEL EXPENSES GET CHARGED TO EACH COUNCIL MEMBERS CARDS AND TO THE COUNCIL MEMBERS THAT DON'T HAVE A COURT, THEN IT WILL BE, I GUESS, UNDER THE CDS CARD, BUT IT WILL BE SPECIFIED.
I BELIEVE THAT'S DIRECTED TO ME.
UH, IT MAY ON THE BACKEND WHEN TRAVEL IS BOOKED, IT'S VERY DIFFICULT TO SPLIT OUT INDIVIDUAL TICKETS AND HOTELS, ET CETERA, ON DIFFERENT CARDS, RIGHT? EVERYTHING TYPICALLY IS PURCHASED ON WHAT ITINERARY ONE CARD.
UH, I'M GOING TO LOOK TO JENNIFER, NOT TO PUT YOU ON THE SPOT, BUT JENNIFER DOES THE CODING FOR THOSE EXPENSES AND HAS WORKED WITH FINANCE ON HOW THAT CODING HAS DONE.
SO I DON'T KNOW IF ON THE BACK END IT CAN BE PARSED OUT AT THAT POINT.
I WOULD DEFER TO PREVENT THAT.
I'M NOT SURE HOW THE FINANCE SUFFERED GOES.
I DON'T KNOW IF COUNSEL IS SEEKING MY ADVICE OR JUST SPECIFICALLY ANSWER TO THAT QUESTION.
SO IT WOULD MAKE MY LIFE A WHOLE LOT EASIER TO PUT THESE EXPENSES ON THE WEBSITE.
IF EACH COUNCIL MEMBER WOULD ACCOUNT FOR THEIR OWN EXPENSES ON THEIR OWN CARDS, IF YOU DON'T WANT TO USE THE CITI CARD, IT'S FINE, BUT USE YOUR OWN PERSONAL CARD AND SEEK REIMBURSEMENT FROM CITY.
THIS WAY WE CAN TRACK INDIVIDUALLY, BECAUSE IT IS VERY DIFFICULT FOR US TO GO BACK AND DECIPHER WHAT SCOTT SPENT FOR COUNCIL MEMBERS OR ON THEIR BEHALF.
BUT IF YOU DO IT JUST LIKE THE REST OF THE CITY EMPLOYEES, DO YOU ARE ACCOUNTABLE FOR YOUR EXPENSES.
YOU INCUR IT EITHER ON THE CITY'S CREDIT CARD WE ISSUED YOU.
OR IF YOU DON'T WANNA USE CITY CREDIT CARD, USE YOUR OWN PERSONAL CREDIT CARD, AND WE'LL REIMBURSE YOU THIS WAY.
I CAN VERY EASILY AND MY STAFF CAN VERY EASILY TRACK.
AND THE OTHER THING WE'RE GOING TO DO IN THE NEXT YEAR, A PROPOSED BUDGET THAT WILL, I THINK, ANSWER A LOT OF YOUR QUESTIONS AND WE'LL MAKE IT EASY FOR CITIZENS TO TRACK.
WE WILL CREATE A SPECIAL COST CENTER FOR EACH COUNCIL OFFICE.
SO YOU WILL HAVE LINE ITEM BUDGETS, YOUR SALARIES, YOUR TRAVEL BY COUNCIL DISTRICT.
[01:45:01]
AND WE'LL, WE'LL BRING FORWARD THAT IN THE PROPOSED BUDGET, THAT WOULD BE MY PROPOSAL TO CITY MANAGER AND COUNCIL.AND THEN WE DO THAT IN THE FUTURE.
I DON'T KNOW, COUNCIL MEMBER FINES FOR NEW QUESTIONS.
AND I, THAT WILL MAKE MORE SENSE TO ME.
AND I ALSO WANT TO THANK YOU BECAUSE I KNOW I REALLY ANNOYED YOU GUYS ASKING FOR ALL THIS NUMBERS, BUT I'M NEW.
AND I AM HERE ASKING THE QUESTIONS THAT THE RESIDENTS ARE ASKING ME ON MY FACEBOOK PAGE OR MY EMAIL, AND IT'S MY DUTY TO RESPOND TO THEM.
AND I'D LIKE TO THAT, THAT THEY ALSO WANT TO HAVE SCOTT'S EXPENSE, CD MANAGER'S EXPENSES POSTED ON THE SITE.
SO IF THAT'S A POSSIBILITY, UM, I WOULD LIKE TO ADD THAT AND I'D LIKE TO ADD ONE MORE SUGGESTION.
WE NEED TO HAVE A POLICY FOR CITY COUNCIL IN MY CHAIN OF COMMAND CITY COUNCIL IS NOT IN IT.
I REPORT TO CITY MANAGER AND THAT'S THE END OF MY CHAIN OF COMMAND.
SO IF A COUNCIL MEMBER DOES NOT ABIDE BY REGULAR CITY EMPLOYEE POLICY, IT CANNOT BE EXPECTED OF ME AND MY STAFF TO SAY, WE'VE CUT YOUR CREDIT CARD OFF, OR WE'RE NOT GOING TO REIMBURSE YOU.
I THINK CITY COUNCIL SHOULD HAVE ITS OWN POLICY.
HOW YOU WANT TO POLICE YOUR EXPENDITURES? KATZENBERG TOBY.
UM, NOW THE, THE QUESTION IS COMING UP ABOUT, UH, EXPENSES AND TRAVEL.
I KNOW WITH MY WORK SCHEDULE AND FAMILY SCHEDULE, I, I, I DON'T GO MUCH PLACES AND I KNOW I'VE BEEN TO THE RETREAT, UH, THE WORKSHOPS AND UP TO, UH, THE TRAINING LAST JULY.
I THINK THAT'S WHAT THE 1 75 WAS FOUR ON MINE WAS FOR THE TML TRAINING OR WHERE ARE YOU GUYS GOING ON THE TRAVEL? I GUESS THAT'S THE QUESTION? WHERE, WHERE DO YOU GUYS GO? DO YOU TOUR OTHER CITIES? ARE YOU, UM, FLYING TO OTHER STATES? BECAUSE IF THAT'S THE CASE, WE WOULD LIKE TO PROBABLY HAVE AN UPDATE ON THAT RUNWAY.
IF WE'RE TRAVELING TO DALLAS TO GO SEE A CONFERENCE OR SOMETHING LIKE THAT, OR VISITING A TOWN IN HOUSTON, UM, I WOULD APPRECIATE SOME FEEDBACK OF, HEY, WE WENT AND TRAVELED OVER HERE, BUT WHEN WE'RE ON THIS SUBJECT OF TRAVEL IN, YOU KNOW, UH, COUNCIL MEMBER BRADSHAW, YOU'RE SAYING THAT MS. PARSLEY, MAYBE CHERRY PICKING SPECIFIC THINGS AS A TAXPAYER MYSELF IN THE CITY OF KYLE, I'D LIKE TO KNOW WHERE ARE YOU GUYS GOING? AND, AND ARE YOU IN, WHAT ARE WE ACCOMPLISHING AS A COUNCIL TO GO TO THESE PLACES? IS IT TO AGAIN, BRING BACK FEEDBACK FOR THE CITY? CAUSE IF SO, WHY ARE WE NOT TALKING ABOUT IT ON THE DIES IF WE'RE SPENDING THIS MONEY ON FUEL OR OVERNIGHT STAY OR MEALS, THOSE WERE THINGS THAT I WOULD PROBABLY LIKE TO KNOW, UH, WHO WE'RE MEETING, WHO ARE WE TALKING TO? WHAT KIND OF FEEDBACK ARE WE GETTING WHEN WE'RE HAVING THESE LUNCHEONS AND DINNERS? AND SO THAT WOULD BE MY QUESTION IS AS FAR AS, UH, ANY S I DID TRAVEL WITH THE TASK FORCE LAST YEAR TO PEACHTREE, I WAS ON THAT, THAT WAS BUDGETED, I BELIEVE IN WITH THE CITY, UH, AGAIN, WITH OUR WORKSHOPS I'VE BEEN THERE.
AND, BUT IT'S JUST THESE OTHER PLACES I'M JUST KINDA CURIOUS TO KNOW WHERE EVERYBODY'S GOING.
AND DAN, WE JUST RECENTLY HAVE A TRIP TO WASHINGTON ABOUT TWO WEEKS AGO.
I'M JUST VERY SURPRISED AGAIN, THAT WE'RE NOT TALKING ABOUT THAT AS WELL.
SO IT'S JUST MY QUESTION, MY FEEDBACK.
THAT'S ODD THAT, THAT WE'VE TALKED ABOUT THAT, CAUSE I'M PRETTY SURE I PUT THAT ON THE AGENDA LAST YEAR.
UM, AND IT WAS SUPPOSED TO BE THAT WE DISCUSS, UM, CITY ITEMS WHEN THEY CAME, WHEN WE CAME BACK FROM THE VISITS.
UM, I JUST WAS NOT AWARE IF WE NEEDED TO STICK THEM ON THE AGENDA OURSELVES OR NOT.
UM, SO I DO HAVE A QUESTION, MR. PEREZ, IF YOU MAY, I'M JUST ASKING YOU BECAUSE YOU JUST GOT THE FACTS.
SO THE 2019 CITY OF KYLE PERSONNEL POLICY SECTION 13.02 PROCEDURES FOR OTHER CITY OFFICIALS, AND THAT HAS TO DO WITH TRAVEL REIMBURSEMENT.
IT SAYS IT SHALL BE THE POLICY OF THE CITY THAT ALL CITY OFFICIALS, INCLUDING THE MAYOR AND MEMBERS OF COUNCIL SHALL ADHERE TO THE SAME POLICIES AND PROCEDURES AS DEFINED FOR EMPLOYEES UNDER THE SECTION FOR FUNDING AND PAYMENT OF
[01:50:01]
TRAVEL EXPENSES RELATED TO THEIR POSITION WITH THE CITY.WHAT KIND OF POLICY CAN WE MAKE OUT OF A POLICY WHO THE CITY COUNCIL WILL BE ACCOUNTABLE TO? THAT PART IS NOT IN THAT POLICY WHO APPROVES, WHO APPROVES, WHO, UM, REVIEWS COMPLIANCE.
IS IT THE CITY ATTORNEY? IS IT THE CITY'S DIRECTOR OF FINANCE? IS IT THE CITY MANAGER? IS IT THE MAYOR OR IS IT COUNCIL AS A, AS A BODY THAT NEEDS TO BE CLARIFIED? SO I GUESS MY QUESTION IS WHEN THERE WAS AN INCREASE IN THE CREDIT CARD SPENDING LIMIT, WHO GAVE YOU THAT DIRECTIVE? UH, MY CHAIN OF COMMAND CITY MANAGER.
SO HOW CAN HE GIVE YOU A DIRECTIVE? I'M NOT GOING TO ASK YOU THAT MY POINT BEING THERE IS SOMEBODY WHO GIVES DIRECTIVES TO YOU.
UM, I KNOW PEREZ, AND I KNOW YOU WOULDN'T DO THAT ON YOUR OWN.
UM, AND SO WHEN YOU HAVE A REIMBURSEMENT THAT DOES NOT HAVE A RECEIPT WHO APPROVES THAT FOR COUNCIL EXPENSES, THE DOCUMENTATION IS PREPARED AND THEN COMPILED BY THE CITY SECRETARY AND CITY MANAGER'S OFFICE, IT IS THEN FORWARDED TO FINANCE FOR PROCESSING.
IF THE BACKUP ALL ADDS UP THE CITY FINANCE ACCOUNTS, PAYABLE TEAM PROCESSES IT FOR PAYMENT.
SO I SAW TENS OF NOT HUNDREDS OF CHARGES WITH NO RECEIPTS.
AND SO YET THEY HAD A CREDIT CARD, OUR POLICY THAT WE HAD TO SIGN THE PURCHASING CARD HOLDER USER AGREEMENT THAT EACH CARTEL HOLDER HAD TO SIGN SAID THAT WE HAD TO PROVIDE A RECEIPT AND APPROPRIATE DOCUMENTATION FOR EVERY PURCHASE AND OR EXPENDITURE MADE USING THE CITY PURCHASE CARD ISSUED TO ME.
I UNDERSTAND THE IMPROPER AND OR UNAUTHORIZED USE OF CITY PURCHASING CARD MAY RESULT IN DISCIPLINARY ACTION, AS WELL AS PERSONAL LIABILITY FOR ANY IMPROPER EXPENDITURES.
AND THEN AT THE END, WE HAD TO AGREE AND SIGN AND DATE THAT THE FIRST PAGE OF THE PURCHASING CARD SPECIFICALLY SAYS THE USE OF THE CITY'S PURCHASING CARD DOES NOT IN ANY WAY WAIVE OR MAKE EXCEPTION FOR THE CITY'S PURCHASING POLICY.
AND THEN IT SAYS THE CARD CAN AND WILL BE CANCELED IF THIS POLICY IS NOT FO FOLLOWED.
SO WHO ARE YOU? YOU'RE? YOU'RE SAYING NOBODY ENFORCES THAT FOR CITY STAFF.
IF HARPER DID NOT TURN IN HIS RECEIPT, I WOULD YANK HIS CREDIT CARD IN A NEW YORK MINUTE.
CAUSE SOMEBODY CAN GIVE YOU AUTHORIZATION TO INCREASE A LIMIT AND TO PROCESS REIMBURSEMENTS WITHOUT RECEIPTS, BUT THEY CAN'T, THEY CAN'T OFFER SOME TYPE OF CONSEQUENCE WITH ALL DUE RESPECT.
COUNCIL MEMBER PUTS YOURSELF IN MY SHOES.
I'M NOT SAYING IT'S, YOU KNOW, JUST FOR A MOMENT, IF YOU WOULD VISUALIZE WITH ME, I HAVE A DEPARTMENT DIRECTOR OF PUBLIC WORKS, HARPER WILDER.
HE TURNS AND SAYS, TRAVEL EXPENSE REPORTS.
IF THERE'S ANYTHING OUT OF COMPLIANCE, I WORK WITH HIM OR MY STAFF WORKS WITH HIM.
HEY, WE'RE MISSING THESE, CAN YOU PROVIDE, IF YOU DON'T, WE REJECT HIS CLAIM, THAT'S THE END OF THE STORY.
AND HE KNOWS IT WITH THE COUNCIL MEMBER.
HOW DO I DO THAT? JUST LIKE YOU JUST SAID, THE POLICY DOESN'T GIVE ME THAT AUTHORITY.
THAT'S WHAT I'M ASKING COUNCIL TO GIVE ME THAT AUTHORITY.
IF IT'S NOT ME, GIVE IT TO CITY MANAGER AND GIVE IT A SECURE ATTORNEY.
WELL, I WANT TO APOLOGIZE FOR THAT FOR YOU EVER BEING PUT IN THAT SITUATION WHERE YOU FELT LIKE YOU HAD TO MAYBE DO A PROCEDURE THAT YOU DIDN'T NECESSARILY WANT TO DO.
AS WE SIT UP HERE AS COUNCIL MEMBERS, WE ARE NO DIFFERENT, NO BETTER THAN STAFF.
WE ARE ELECTED AND THAT'S WHERE IT ENDS, BUT WE DON'T GET ANY KIND OF SPECIAL TREATMENT.
WE ARE THE LEADERS OF THE CITY AND WE SET THE STANDARD AND WE WILL ALL RISE TO THE LEVEL THAT WE SET.
SO IF WE ALLOW OUR COUNCIL TO MISBEHAVE IN SUCH A WAY, WHAT WILL OUR STAFF ACT LIKE? AND HOW WILL THEY FEEL? SO I'M ON BOARD WITH YOU A THOUSAND PERCENT REGARDING UNFORTUNATELY NEEDING A POLICY TO ENFORCE A POLICY BECAUSE THERE'S, THERE'S NO ONE TO DO IT.
AND, AND MY HEART GOES OUT TO YOU BECAUSE I KNOW THE PREDICAMENT THAT YOU'RE IN.
BUT AGAIN, THAT'S WHY WE NEED A SOLID CITY LEADER TO MAKE SURE THAT THESE KINDS OF PROBLEMS COME ARISE THAT IS TAKEN CARE OF.
IF IT WERE NOT FOR THE RENEWAL OF A CITY MANAGER CONTRACT, NONE OF THIS INFORMATION WOULD
[01:55:01]
BE KNOWN.THE POLICY CLARIFICATION IS ABSOLUTELY NEEDED.
THE F THE FIRST RED FLAG SHOULD BE, ARE TRAVEL POLICIES EMBEDDED OR BURIED WITHIN PERSONNEL POLICY.
IT SHOULD BE A STANDALONE POLICY.
AND THEN WITHIN THAT POLICY, THERE SHOULD BE A, WHAT IT COVERS PRETTY WELL FOR CITY EMPLOYEES, BUT IT CERTAINLY DOES NOT ADDRESS, UH, COUNTY ELECTED OFFICIALS, EXPENSES, ELECTED OFFICIALS.
SO MAY I ASK YOU WHY THIS WASN'T BROUGHT TO COUNCIL? THE PERSONNEL POLICY IS NOT UNDER THE RESPONSIBILITY OF THE DIRECTOR OF FINANCE PER THE CHARTER, UH, FISCAL RESPONSIBILITY IS THAT THE, UM, AND IF WE DON'T KNOW WHAT WE'RE DOING, AND THERE IS A NOTICEABLE ISSUE, HOW WOULD YOU SUGGEST WE FIGURE THAT OUT? WELL, THEN AGAIN, YOU KNOW, WE HAVE THE BUDGET REVIEW.
WE REVIEWED THE BUDGET LINE BY LINE.
IT IS DISCUSSED AT THAT TIME WITH COUNCIL, EVERY SINGLE DEPARTMENT, INCLUDING MARIN COUNCIL, WE HAVE OTHER OPPORTUNITIES.
WE USED TO PRESENT REPORTS TO COUNCIL EVERY QUARTER, BASED ON THE CITY CHARTER.
IT IS THE COUNCIL WHO DIRECTED ME, DO NOT BRING THESE REPORTS ANYMORE.
SO COUNCIL HAS TO BEAR SOME RESPONSIBILITY AS WELL, A HUNDRED PERCENT.
AND UNFORTUNATELY, UM, I'M NOT AS GREEN AS I ONCE WAS, BUT I AM SO GREEN.
AND SO I'M LEARNING, I WOULD'VE NEVER, IN A MILLION YEARS REQUESTED TO STICK SUCH INFORMATION ON A WEBSITE, MEANING TO BYPASS COUNCIL.
I THINK IT'S IN ADDITION TO A COUNCIL THAT THAT WOULD BE BENEFICIAL, BUT SAYING TO ONLY PLACE ONE LIKE FOR COUNCIL MEMBER, UH, PARSLEY'S MOTION.
MY HOPE IS NOT THAT IT JUST GOES TO THE WEBSITE, BUT ALSO THAT COUNCIL STAYS PRIZE OF SPENDING AMONG ITSELF.
AND AS PART OF YOUR MOTION TONIGHT, MAKE THAT COMMITMENT, GIVE DIRECTION TO STAFF, CITY MANAGER, BRING BACK A POLICY WITHIN 30 DAYS OR 60 DAYS, WHATEVER YOU THINK IS APPROPRIATE.
AND I WOULD LIKE TO MAKE THEM, WELL, I THINK WE HAVE TO FINISH VOTING ON MISS DANIELLA'S, BUT I'D LIKE TO MAKE A MOTION TO, UM, BRING BACK A POLICY.
UM, HOW WOULD WE WEAR THAT? CAUSE WE HAVE POLICIES, BUT THEY JUST NEED TO BE ENFORCED.
OR WOULD YOU, WOULD YOU LIKE TO SEE A SEPARATE POLICY FOR, IT CAN BE WITHIN THE SAME POLICY, BUT THE POLICY NEEDS TO BE UPDATED, MODERNIZED TO FIT TODAY'S NEEDS OF COUNCIL.
AND IT NEEDS TO BE FLESHED OUT WITH THE HELP OF THE CITY ATTORNEY, BUT IT NEEDS TO HAVE CONSEQUENCES OR HAS TO HAVE SOME DIRECTION TO STAFF.
IF A ELECTED OFFICIAL DOES NOT COMPLY WITH THE POLICY, WHAT IS THE DIRECTION TO STAFF TO FOLLOW UP ON THAT? DOES IT GO TO THE ETHICS COMMISSION? DOES IT, IS IT BROUGHT FORWARD WITH THE CITY COUNCIL TO ACT BECAUSE IT PUTS US STAFF, INCLUDING CITY MANAGER IN A VERY AWKWARD POSITION.
IF ONE OF YOU SAYS, I REFUSE TO GIVE YOU RECEIPTS AND THAT HAS HAPPENED.
WHAT DO I THEN GAVE ME THAT DIRECTION IN THE POLICY? DO I TURN YOU INTO ETHICS COMMISSION? DO I TURN YOU INTO THE MAYOR? DO I BRING IT FORWARD IN FRONT OF THE ENTIRE COUNCIL FOR THE FOLLOW-UP ACTION THAT IS LACKING? SO I WILL TELL YOU, IN OUR ETHIC ORDINANCE, IT STATES ONCE A DIRECTOR OR AN OFFICER IS AWARE OF AN ETHICAL ISSUE, THEY HAVE 15 DAYS TO TURN THAT IN.
THAT IS AN OPTION AND IT'S NOT A FUN OPTION.
TRUST ME, SITTING UP HERE HAVING THESE HARD TALKS.
WE ARE NOT TRYING TO CAUSE TROUBLE.
WHAT I'M TRYING TO DO IS BRING TRANSPARENCY AND HONESTY AND THAT'S IT.
ACCOUNTABILITY IS IMPORTANT AS WE SIT UP HERE AS LEADERS.
THEY MAY NOT BE THE ONES THAT YOU LIKE OR THAT YOU FEEL COMFORTABLE DOING.
LUCKILY, YOUR JOB IS ALSO PROTECTED BY THE COUNCIL AND I HAVE NOTHING, BUT THE UTMOST RESPECT FOR YOU AS YOU PROBABLY EVERYBODY'S SITTING UP HERE.
SO IN THE INSTANCE THAT THIS HAPPENS AGAIN, I WOULD SUGGEST AN ETHICS COMPLAINT.
UH, I'D LIKE TO MOTION TO AMEND THE MOTION, TO INCLUDE DIRECTION TO STAFF, TO BRING BACK A, UH, COUNCIL EXPENSE POLICY FOR
[02:00:01]
REVIEW AND ADOPTION.A MOTION TO AMEND IS MADE BY THE MAYOR SECOND BY CUSTOMER FLOOR SCALE.
IS THERE DISCUSSION ON THE MOTION TO AMEND? W I D OKAY.
I DO FEEL LIKE THERE NEEDS TO BE CONSEQUENCES TO THE PRIOR ACTIONS OF WE CAN'T JUST SAY, OKAY, WE'RE MOVING ON.
I, I WANT TO MAKE THAT MOTION.
I WANT TO MOVE ON, BUT THE TRUTH IS THERE ARE STILL MISSING RECEIPTS.
THERE IS STILL UNACCOUNTED FOR, UM, EXPENDITURES.
AND I THINK THERE NEEDS TO BE SOME CONSEQUENCES TO THAT AS A DIAS COLLECTIVELY, HOWEVER, WE DECIDE TO MOVE FORWARD.
AND IF NOBODY WANTS EVERYBODY'S OKAY.
KNOWING THE INFORMATION THAT WE HAVE SEEN AND THEY WANT TO MOVE ON, UM, THAT WOULD BE GREAT AS A ROLL CALL VOTE.
SO OUR VOTERS KNOW EXACTLY WHAT IT IS THAT WE'RE THINKING AS WE SIT UP HERE AND MAKE THESE PURCHASES UP ON, YOU SAID YOU WEREN'T GOING TO BE ATTACKING.
YOU KNOW, WE'RE, WE'RE ALL ABOUT TRANSPARENCY, BUT WHEN YOU START CALLING INDIVIDUAL COUNCILS OUT, THAT'S GOOD.
AND I, I DON'T, YOU KNOW, I'VE GOT NOTHING TO HIDE.
I CAN JUST FIRE THE YEAR, BUT WHAT I'M SAYING IS LET'S MOVE FORWARD.
I MEAN, WE'RE MOVING FORWARD AND WE'VE GOT A MOTION ON THE FLOOR.
I JUST WANT TO, I JUST WANT TO MAKE SURE OUR RESIDENTS, MONEY'S NOT WASTED.
WE'VE GOT A GREAT MOTION ON THE FLOOR.
WE'VE GOT, YOU KNOW, UH, ACCOUNTABILITY.
I WOULD LIKE TO SEE IT HAPPEN FOR PREVIOUS, FOR, FOR PAST EXPENDITURES.
AND IF NOBODY ELSE WANTS TO, I UNDERSTAND THAT I'VE SAT IN THIS YEAR ALONE BY MYSELF FOR QUITE SOME TIME THAT, BUT WHEN YOU START CALLING US OUT, THAT'S THE PART THAT HAVE A PROBLEM WITH, YOU'RE SAYING, IF WE DON'T AGREE WITH YOU, THEN WE'RE AGAINST THE PUBLIC.
THAT'S THE PART THAT I HAVE AN ISSUE WITH.
IF YOU SAY THAT, YOU KNOW WHAT? I WANT TO SEE PEOPLE HELD ACCOUNTABLE.
THAT'S FINE, BUT DON'T MAKE US HOLD PEOPLE ACCOUNTABLE.
I MEAN, YOU'RE CALLING US OUT IN THE PUBLIC.
YOU'RE SAYING THAT IF I DON'T AGREE WITH YOU NOW, I'M GOING TO CALL YOU OUT IN THE PUBLIC.
AND THAT'S WHAT I DON'T CARE ABOUT THIS CONVERSATION.
I'M GOOD ABOUT PUTTING OUR FINANCES OUT THERE BECAUSE I'M REALLY, I'M GOING TO, I'M GOING TO CALL IT QUESTION.
THAT'S A NON DEBATABLE MOTION, UH, CALLING THE QUESTION ON THE AMENDMENT.
SO WE'LL HAVE A ROLL CALL VOTE.
FIRST VOTE IS FOR THE AMENDMENT TO ADD INTO YOUR ORIGINAL POLICY.
UH, IS THERE A, UM, UH, I'M SORRY, FIRST FIRST IS TO SHUT.
FIRST VOTE IS TO SHUT DOWN DEBATE AND CALL FOR A VOTE ON THE AMENDMENT.
SO YOU'LL STILL GET A CHANCE, BUT WE'RE ON THIS ONE.
THERE'S MULTITUDE OF VOTES THAT ARE ABOUT TO COME, UH, ON THIS ITEM.
THE FIRST VOTE IS ROLL CALL, VOTE TO CALL THE QUESTION WHICH WILL END DEBATE, AND THEN WE WILL HAVE, UH, WE WILL HAVE A VOTE ON THE, UH, MOTION TO AMEND.
THEN ONCE THAT IS DONE, WE'LL BE BACK TO THE ORIGINAL MOTION.
AND I'M NOT A HUNDRED PERCENT SURE WHETHER IT WOULD END DEBATE THERE.
MY UNDERSTANDING WOULD BE YOU WOULD NOT HAVE A, SO IF YOU STILL WANTED TO SPEAK, YOU'LL GET YOUR CHANCE, BUT WE'LL AT LEAST GET THROUGH ONE OF THESE VOTES.
SO I ENDS THE DEBATE ON THE MOTION TO AMEND MOTION MADE.
WELL, IT'S JUST ROLL CALL ON 'EM I'M CALLING THE QUESTION.
THE, UH, THE QUESTIONS CALLED.
SO I'M GOING TO NOW CALL FOR THE VOTE TO AMEND, WHICH IS THE VOTE TO ADD, UH, THE DIRECTION FOR STAFF TO BRING BACK A POLICY.
MOTION CARRIES SEVEN TO ZERO, OPEN IT BACK UP, UH, FOR FURTHER DISCUSSION CUSTOMER AND RETRO.
WELL, MY ONLY QUESTION WAS FOR COUNCIL MEMBER KALE, BECAUSE I ACTUALLY HAVE A DRINK THAT I GOT WHEN WE WERE ON A TRIP IN FRISCO.
THAT WAS $5 AND I DO NOT HAVE A RECEIPT FOR, SO ARE YOU PLANNING ON TURNING ME IN AND FILING AN ETHICS COMPLAINT ON ME? OH NO.
BUT IF ACCORDING TO OUR CITY USER AGREEMENT, IF YOU DON'T RETURN A RECEIPT, YOU JUST HAVE TO REFUND THAT DRINK.
LIKE IF, IF WE CAN'T ACCOUNT FOR OUR MONEY THAT WE SPENT, I THINK IT'S PERFECTLY OKAY TO HAVE TO REIMBURSE THE CITY FOR THAT OR NOT EVEN THE CITY, THE RESIDENTS.
[25. Discussion and possible direction to debrief the Boards & Commissions process. ~ Dex Ellison, Yvonne Flores-Cale, Council Members and Robert Rizo, MayorPro Tem]
25 DISCUSSION POSSIBLE DIRECTION TO DEBRIEF BOARDS AND COMMISSIONS PROCESS OH,[02:05:01]
UH, YEAH, I'M ONE OF THREE.SO WE HAD THE, UM, AND WE HAD THE, UH, BOARDS AND COMMISSION, UH, NOMINATE AND DRAFT DAY.
HOW LONG AGO WAS THAT? LIKE, UH, IT WAS A MONDAY.
SO WE CAN SOMETIME YOU ALL CAN LOOK AT THE THINGS.
I DON'T KNOW, MAN, I'M ALREADY DRAINED.
UM, AND SO IT WAS A CHALLENGE AT FIRST.
UH, CERTAINLY, AND I'M NOT ON SOCIAL MEDIA, SO I WASN'T AWARE OF THIS, BUT IT WAS BROUGHT TO MY ATTENTION THAT, UH, THERE WERE A LOT OF COMMENTS ABOUT IT.
UM, I BEGGED TO KNOW HOW MANY OF THOSE FOLKS WATCHED IT ALL THE WAY THROUGH, BECAUSE I THINK THAT WE STUMBLED A LITTLE BIT OUT OF THE GATE.
IT WAS A COMPLETELY NEW PROCESS, COMPLETELY NEW, UH, WAY OF DOING THINGS.
UM, BUT THEN WE KIND OF, WE KIND OF GOT OUR GROUP AND WE STARTED MOVING AND WE HAD TO LEARN THAT YOU GOT TO SAY NO SOMETIMES TO SOME OF THE NOMINEES THAT'S PART OF THE PROCESS.
IT'S THE SAME THING AS A, IF YOU KNOW, THE PREVIOUS POLICY WHERE, UH, THERE WERE APPLICATIONS ENTERED AND SOME PEOPLE WERE NOT CALLED TO GET AN INTERVIEW.
SO THAT WAS THEIR FIRST REJECTION.
SOME PEOPLE WERE CALLED TO GET AN INTERVIEW AND NOT DIDN'T GET THE JOB.
SO THAT WAS THEIR SECOND REJECTION.
UH, SO IT'S THE SAME THING, EXCEPT WE'RE DOING IT PUBLICLY AND AS A BODY TOGETHER.
AND SO, UH, I THINK THE IDEA BEHIND THIS DISCUSSION, AND CERTAINLY THERE ARE TWO OTHER MEMBERS ON THIS AGENDA ITEM.
SO I DON'T MEAN TO DICTATE THIS IN ANY WAY.
UM, BUT TRYING TO JUST DEBRIEF AND JUST SEE IF THERE WERE ANY SUGGESTIONS, THOUGHTS, OR COMMENTS.
I KNOW FIVE OF US PARTICIPATED.
UM, CERTAINLY I KNOW THE OTHER TWO DID WATCH THOUGH.
UH, SO I GUESS WE'RE JUST OPEN TO FEEDBACK AND JUST TRYING TO SEE HOW WE CAN DO THIS THE BEST WAY WE CAN BECAUSE COMING UP IN JUNE, LOOKING AT JAMES, UH, JUNE, JULY, AND WE CHANGED IT A LITTLE BIT THROUGH AUGUST, IT'S JUNE ONE THROUGH AUGUST 31, THAT'S MY MAN.
UM, AND THEN WE WILL HAVE ANY TIME IN SEPTEMBER TO CALL THAT MEETING IN ORDER TO DO THAT DRAFT.
SO THAT WILL BE AN ANNUAL THING THAT WILL HAPPEN.
SO JUNE 1ST THROUGH AUGUST 31ST IS THE TIME FOR PEOPLE TO APPLY TO ALL OF OUR BOARDS AND COMMISSIONS.
WE WILL ALSO HAVE A NEW APPLICATION IN TIME FOR THAT.
THAT IS GOING TO BE MORE ROBUST AND BE ABLE TO GIVE US A LOT MORE DETAIL AND INFORMATION ABOUT OUR APPLICANTS AS WE REALIZE THAT MONDAY, UH, IT IS TOUGH BECAUSE WE HAVE SOME VERY TALENTED, UH, AND EXPERIENCED INDIVIDUALS IN OUR COMMUNITY.
AND I THINK THAT'S A GOOD PROBLEM TO HAVE.
I THINK IT'S EXCITING THAT HOW MANY PEOPLE CAME OUT FOR ALL OF OUR BOARDS AND COMMISSIONS.
I PERSONALLY THOUGHT THE LIBRARY ONE WAS THE MOST DIFFICULT ONE TO APPOINT.
I'LL, UH, ONCE AGAIN, LIKE I SAID, TWO OTHER MEMBERS ON THIS ITEM, UH, I'M SORRY.
I JUST NOW REALIZED THE OTHER NAMES WERE THERE.
SO NOW, NOW I KNOW WHAT YOU'RE SAYING.
ONE OF THE THINGS ON THIS PROCESS THAT I THOUGHT MIGHT BE BENEFICIAL IS THAT WE, AS A COUNCIL COULD SUBMIT OUR NAMES PRE-AND FOR THE BOARDS COMMISSION ONLINE, UH, HAVING THAT PROCESS MIGHT HELP, UH, SPEED THINGS UP.
UH, I'M JUST THINKING ABOUT HOW MANY BOARDS COMMISSIONS WILL FILL ON THAT SATURDAY AND HOW LONG IT'S GOING TO TAKE.
UM, JUST HAVING THOSE NAMES ALREADY PRE UH, AT, AT THE, UH, WHAT DO YOU CALL IT STAFFS, UH, IN FRONT OF STAFF ALREADY TO, UH, START TATTLING WHO WE'VE NOMINATED WOULD PROBABLY HELP THE PROCESS.
I'D LIKE SOME FEEDBACK ON THAT.
I JUST WANT TO STATE REAL QUICK THAT IT DOESN'T NECESSARILY HAVE TO BE A SATURDAY MEETING.
UH, WE, WE MADE IT WHERE WE HAVE WIGGLE ROOM ALL THROUGHOUT SEPTEMBER TO CALL THAT EARLY IN THE MONTH, END OF THE MONTH, WEEK, DAY, WEEK.
AND SO, UM, I KINDA LIKED NOMINATING PUBLICLY ONCE AGAIN, THE IDEA BEHIND ALL OF THIS WAS TO DO IT ALL PUBLICLY, BUT AT THE END OF THE DAY, IT'S A, IT'S A COUNCIL IF Y'ALL WANT TO NOMINATE, UM, TO STAFF SEPARATELY.
AND THEN WE JUST MAKE THE VOTES BASED ON WHO'S BEEN NOMINATED.
I MEAN, I WAS JUST TRYING TO SPEED IT UP.
THE OTHER THING IS THAT WE DID BRING A LOT OF PEOPLE IN HERE AND SOME OF THEM WERE NOMINATED AND I JUST KIND OF FELT BAD FOR THEM.
I'LL TELL YOU RIGHT NOW WHAT WE, WE HAD ALL THESE GREAT APPLICANTS AND MAN, IT WAS HARD TO SAY NO TO SOME OF THEM.
AND IT, IT, YOU KNOW, TO SAVE SOME OF THEM, YOU KNOW, THAT, UH, I DUNNO, IT FEELS LIKE DISAPPOINTMENT IN MY, IN MY BOOK THAT, YOU KNOW, THEY'RE NOT BEING NOMINATED.
IT MIGHT HELP OUT THE PROCESS JUST BY NOMINATING EARLIER THAN THEY'RE NOTIFIED THAT THEY WERE NOMINATED.
UM, BUT IT'S JUST A SUGGESTION CUTS OUR BRADSHAW.
WELL, I WAS JUST GOING TO SAY THE SAME THING THAT COUNCIL MEMBER RIZZO SAID.
IT WAS REALLY HARD TO LOOK INTO THE RESIDENT'S EYES AND HAVE TO SAY NO WHEN THEY WERE SIGNING UP TO VOLUNTEER.
[02:10:01]
UNDERSTAND, UM, WHERE THE ENTIRE POLICY WAS COMING FROM.UH, BUT I WOULD LIKE TO DEFINITELY FIGURE OUT HOW WE CAN BE MORE EFFICIENT WITH, WITH THAT AND HOW WE CAN, UM, I DON'T KNOW HOW, HOW WE CAN BE MORE EFFICIENT IN HOW WE DON'T HAVE TO LOOK THEM IN THEIR EYES AND SAY, NO, I'M SORRY, BECAUSE REALLY I THINK EACH AND EVERY SINGLE ONE OF US WANTED TO SAY YES TO EVERYBODY WHO, WHO APPLIED.
UM, SO YEAH, SOME SORT OF JUST FIGURE OUT AND FIND FINE COMB THAT, THAT SCREENING PROCESS BEFORE NOMINATIONS, WE WERE PARSLEY.
UM, I KNOW I WASN'T HERE FOR THE MEETING, BUT I DID WATCH IT THE NEXT DAY.
UM, AND, AND IT WAS ROUGH JUST TO SEE HOW THE VOTING WENT.
SO I WAS WONDERING IF MAYBE DOING A PAPER VOTING AND THEN HANDLING THAT FOR, YOU KNOW, TO MAYBE THE CD SECRETARY FOR HER TO TALLY AND THEN BRING UP WHO THE MEMBERS WHO GOT THE MAJORITY OF THE VOTE ARE SO THEY CAN BE NOMINATED IN PUBLIC LIKE THE TWO OR THREE, DEPENDING ON THE NUMBER OF SEATS.
IT DOES TAKE AWAY A LITTLE BIT OF THAT IN MIRRORS, MAN, OF LOOKING AT IT, YOU KNOW, SOMEBODY THAT IS APPLYING AND SAY, HEY, I DIDN'T VOTE FOR YOU.
SO I DON'T WANT TO LOOK AT YOU.
I THINK THAT MY WORK OUT MAYBE A LITTLE FASTER AND BETTER, INSTEAD OF JUST DOING THE WHOLE THING, JUST GET A LITTLE PIECE OF PAPER AND THEN YOU GET YOUR NOMINATIONS IN THERE AND HAND THAT OVER AND THEN BRING WHOEVER THE PERSONS ARE WITH MOST VOTES UP FOR APPOINTMENT, OTHER DISCUSSION THAT'S WHERE ELSE, UM, I'LL JUST SAY THIS.
I'M NOT SURE HOW MANY OF YOU ARE WATCHED IT, BUT, UM, AS I MENTIONED, WHEN I PROPOSED THIS NEW POLICY TO YOU ALL EARLIER THIS YEAR, UM, WHILE SAN MARCOS WAS THE ONLY ONE I HAD SEEN DO IT AND I WATCHED THEM LIVE BY THE WAY, THEY HAVE PROBABLY TWO OR THREE TIMES MORE BOARDS OR COMMISSIONS THAN WE HAVE, AND THEY DID IT IN THREE HOURS.
UH, SO, UH, IT CAN BE DONE QUICKLY.
THE PART IS TOUGH IS TO SAY NO, UH, PART OF THIS JOB IS SAYING NO AND MAKING TOUGH DECISIONS, UH, PUBLICLY.
UH, BUT IF Y'ALL WANT TO DO IT PRIVATELY AGAIN, THE WHOLE IDEA WHEN I PITCHED THIS POLICY AND WHAT I SAW THAT FRISCO DID THIS POLICY, GALVESTON, DOES THIS POLICY, FREDERICKSBURG DOES THIS POLICY, IS THAT MARK WAS, DOES THIS POLICY, UM, THAT THAT'S THE IDEA IS THAT EVERYTHING IS DONE PUBLICLY SO EVERYBODY CAN SEE EXACTLY WHAT'S HAPPENING AND WHO'S BEING NOMINATED, ALL THOSE DIFFERENT TYPES OF THINGS, BUT I WILL NOT FIGHT THE COUNCIL IF YOU ALL WANT TO DO THAT PART PRIVATELY, THE ONLY THING I'LL SAY IS, UH, THERE, THERE WILL STILL BE, UH, DECISIONS THAT WILL HAVE TO BE MADE AND IT WILL STILL BE NOS HAVE TO BE GIVEN TO SOME OF THOSE THAT JUST DON'T GET IT.
BUT IN A DAY, UM, I THOUGHT IT WAS A GOOD FIRST ATTEMPT, AND I THINK WE'LL BE BETTER THE NEXT TIME AROUND.
AND IF Y'ALL HAVE A CHANCE, PLEASE GO AND WATCH THE VIDEO.
SO YOU CAN KIND OF SEE HOW IT'S DONE AS FAR AS EFFICIENCY AND MOVING IT ALONG.
CAUSE I THINK THEY, THEY DID A PRETTY SOLID JOB OF OKAY.
UM, YES, I WAS VERY, VERY PLEASED WITH THE TURNOUT.
WE HAD SO MUCH TALENT AND EXPERIENCE THAT WAS APPLIANCE.
SO FOR THOSE OF YOU WHO ARE WATCHING THIS, THANK YOU FOR APPLYING.
THAT WAS THE WHOLE GOAL IS TO GET COMMUNITY INVOLVEMENT.
UM, AGAIN, THIS, YOU KNOW, WE WERE TRYING TO DO THAT POLICY BACK IN DECEMBER AND JANUARY.
THAT'S WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO GET A STREAMLINE THIS PROCESS.
UH, I THINK WHAT COULD ALSO HELP AGAIN, UH, AND I DID HAVE THE, THE INFORMATION IN FRONT OF ME IS TO, FOR US TO DO OUR HOMEWORK AHEAD OF TIME, LIKE I DID WITH MINE.
AND I HAD THE PEOPLE THAT I HAD ALREADY REVIEWED AND SPOKE TO AND VISITED WITH, UH, AND HAD MY NOMINATIONS READY TO GO INSTEAD OF DOING THE PAPER.
SO I INTERVIEWED A LOT OF THE PEOPLE THERE.
I CALLED SOME OF THE PEOPLE I HAD MET WITH SOMEBODY ON A SATURDAY, UH, HAD HARD TIME GETTING IN BECAUSE OF THE SOFTWARE, BUT MOST OF THESE PEOPLE ARE REVIEWED MOST OF THE DAY.
AND I KNEW EXACTLY WHAT I WAS LOOKING FOR.
AND I THINK THAT COULD BE A PROCESS TO WHERE WE, AGAIN, THIS IS THE FIRST TIME WE'RE DOING THIS AND IT WASN'T PERFECT.
AND I KNOW A LOT OF US, UM, MAY NOT HAVE BEEN ABLE TO LOOK AT ALL THE APPLICATIONS OR WE PROBABLY ALL DID, BUT IF WE NARROW DOWN AND SEE THE QUALIFICATIONS, WE CAN HAVE A BETTER IDEA OF WHO IT IS THAT WHEN WE'RE COMING UP THERE, WE
[02:15:01]
CAN REALLY STRESS TO SEE IF THIS IS, UH, THE RIGHT PERSON FOR THE, FOR THE, FOR THE COMMITTEE.AND ONCE WE DO THAT AGAIN, I THINK IT COULD STREAMLINE A LOT QUICKER ON THAT END.
SO AGAIN, THAT WOULD BE, MY SUGGESTION IS TO GO THROUGH EACH ONE OF THESE YOURSELF, MAKE SURE YOU REVIEW AS MUCH AS THE APPLICATIONS AND THEIR RESUMES AND BE ABLE TO HAVE YOUR, YOUR DRAFT CHOICE.
I GUESS YOU WANT TO LOOK AT, IN THAT SENSE, AS FAR AS WHO YOUR TOPICS WOULD BE AND GO FROM THERE, CUSTOMER FLOOR SCALE.
UM, SO I THOUGHT IT WAS A, KIND OF A DIFFERENT EXPERIENCE.
I GOT TO GIVE PROPS TO JAMES, MR. JAMES, OR WHO SOMEHOW KEPT IT TOGETHER BECAUSE IT WAS KIND OF CRAZY.
I NEED TO GIVE PROPS TO THE CITY SECRETARY FOR KEEPING UP WITH 972 ROLL CALL VOTES.
UH, IT WAS AN EXPERIENCE TO SAY THE LEAST.
UM, SO I COULD JUST GET TWO OPINIONS ON TWO THINGS AND THAT'S, UH, I, I DON'T LIKE PRIVATE VOTES.
WE SHOULD VOTE THE SAME, NO MATTER WHAT, IF YOUR VOTE IS INFLUENCED BY SOMEBODY ELSE.
I LIKE TO JUST SAY IT OUT LOUD.
UM, NUMBER TWO, I ALSO WANTED THEM TO SAY THAT WE NEED TO MAKE SURE THAT WE HAVE THE APPLICATIONS ON TIME OR WE DON'T VOTE.
MEANING I KNOW FOR SOME REASON THEY SAID THE ART APPLICATIONS WERE UP THERE.
AND THEN WHEN I VIEWED THE TIMESTAMP FOR EVERYBODY WHO VIEWED THEM, UM, EVERYBODY HAD VIEWED THEM THAT DAY NO EARLIER THAN I THINK THREE OR FOUR O'CLOCK.
SO, UM, I KNOW WE HAD A NEW WEBSITE AND THERE MIGHT'VE BEEN AN ISSUE WITH IT, BUT WHEN IT WAS BROUGHT TO THE ATTENTION OF EVERYBODY THAT, HEY, WE ALL HAVE NOT COLLECTIVELY LOOKED AT THESE ART APPLICATIONS.
AND ADDITIONALLY, IT WAS ONLY OPEN FOR A WEEK AND A HALF, WHICH I THINK WAS NOT ENOUGH TIME.
UM, THEN MAYBE AS A DICE, WE COULD DECIDE TO JUST COME BACK AND VOTE FOR THAT LATER.
UM, BECAUSE I AM GUILTY OF NOT READING ALL THE APPLICATIONS BECAUSE I WAS AT WORK THAT DAY.
AND THEN WHEN I GOT HOME, I HAD JUST ENOUGH TIME TO TRY TO REVIEW SOME MORE OF THE APPLICATIONS.
AND THAT'S WHEN I NOTICED THE ART ONES.
SO, UM, THOSE WERE MY ONLY TWO, UM, OBSERVATIONS.
I THOUGHT OVERALL, IT WAS, IT WENT WELL.
UM, AND I'M WITH, UH, COUNCIL MEMBER ELLISON.
WE NEED TO WATCH THAT VIDEO CAUSE I DON'T KNOW HOW THEY DID IT EFFECTIVELY, BUT IF IT WORKS FOR SEVERAL OTHER CITIES, I DON'T KNOW WHY IT CAN'T WORK FOR US.
JUST ONE, ONE COMMENT, JUST BECAUSE THIS REALLY GNAWS AT ME.
UM, THE QUALIFICATIONS PHRASE, THEIR QUALIFICATIONS ARE INDIVIDUAL TO WHOEVER IS, IS SUBJECTIVE BECAUSE THE ONLY QUALIFICATIONS THAT ARE LISTED IN OUR CHARTER AND IN OUR POLICY OR THE RESIDENCY ONE NOT ONLY IN THE CITY, UM, WHAT ARE THE OTHERS, UH, COMES FROM A POLICY.
THEY'RE VERY BASIC IN GENERAL.
BASICALLY JUST HAVE TO BE A RESIDENT IN GOOD STANDING WITH THE CITY.
THAT'S THE ONLY QUALIFICATION THERE IS FOR OUR BOARDS AND COMMISSIONS.
SO I JUST WANT TO BE CAREFUL WHEN WE TOSS THAT WORD AROUND, BECAUSE ONCE AGAIN, THE IDEA I'VE HEARD ON THIS COUNCIL, PEOPLE SAY, WELL, I WANT TO SEE MORE PEOPLE ON THE EAST SIDE OF 35 ON THE INTERSTATE, THERE WERE 16 APPLICANTS THAT APPLIED ON THE WEST OF THE INTERSTATE AND 13 ON THE EAST SIDE OF THE INTERSTATE.
I DON'T THINK THAT WAS TAKEN TO ACCOUNT BY, DURING THAT VOTE DURING THAT TIME, BUT THAT'S OKAY BECAUSE WE ALL HAVE INDIVIDUAL THINGS THAT WE SEE THAT WE WANT AS FAR AS APPOINTING TO THAT.
AND THAT'S WHY THEN THE WHOLE BODY WILL THE WILL OF THE WHOLE BODY.
SO I JUST WANT TO BE CAREFUL CAUSE WE TOSS THAT TERM AROUND.
WE'VE BEEN SAYING IT FOR A WHOLE YEAR NOW I'VE MADE MY COMMENTS ABOUT WHY I DON'T LIKE THAT TERM BECAUSE THERE IS NOT A STANDARD QUALIFICATION THAT PEOPLE HAVE TO MEET, WHETHER IT'S A DEGREE OR EXPERIENCE OR PROFESSION OR ANYTHING LIKE THAT.
SO I JUST WANT TO BE CAREFUL THAT WE WERE MINDFUL OF OUR, OUR WORDS, BUT OUTSIDE OF THAT, I APPRECIATE, AND I'M SURE THE REST OF THE COUNCIL APPRECIATES THE FEEDBACK ON THIS AND HOW WE CAN IMPROVE.
I DIDN'T HEAR ANY, UH, CLEAR CONSENSUS.
SO IT SOUNDS LIKE CONTINUING FORWARD WITH STATUS, YOU KNOW, ROUND TWO WILL ALWAYS BE BETTER THAN ROUND ONE.
SO I ACTUALLY WANT TO ALSO CONDEMN, UH, COMMEND, UH, UH, STAFF AND COUNCIL AND THE APPLICANTS FOR GOING THROUGH THAT PROCESS.
AND I KNOW THAT IT WASN'T EASY.
AND SO, UM, YOU GOT THROUGH IT, WHICH IS TO BE COMMENDED.
UH, ANY OTHER DISCUSSION, ALL RIGHT, WE'RE GOING TO MOVE ON.
[26. Discussion and possible direction regarding creating a new Kyle Uber $3.14service to South Austin. ~ Daniela Parsley, Council Member]
STEP AGENDA ITEM NUMBER 26, DISCUSSION AND POSSIBLE DIRECTION REGARDING CREATING A NEW CO UBER THREE 14 SERVICE TO SOUTH AUSTIN.UM, SO I DO APOLOGIZE FOR THE WORDING OF THE ITEM IS NOT EXACTLY WHAT I WANTED TO BRING UP.
[02:20:01]
ME EXPLAINING THAT SHE HAD CANCER TREATMENTS THAT SHE NEEDS TO TAKE CARE OF IN AUSTIN.AND SHE HAS NORMALLY SHE WOULD DRIVE HERSELF, BUT, UM, AFTER THE TREATMENTS, SHE IS NOT CAPABLE OF DRIVING BACK.
SO, UM, OF COURSE SHE WAS CONCERNED FOR US NOT HAVING PUBLIC TRANSPORTATION, AT LEAST SO SHE CAN GET TO A NAN AND THEN GO TO AUSTIN.
SO MY REQUEST WOULD BE TO SEE WHAT IS IT POSSIBILITY SINCE, UM, THE VA CLINIC IN THE AIRPORT ARE AROUND 18 MILES FROM KYLE CENTER.
UM, WHAT ARE THE POSSIBILITIES FOR US TO EXTEND THE UBER THREE 14 ONLY TWO MEDICAL FACILITIES WITHIN THAT RANGE OF MILES? I'M SAYING ONLY MEDICAL FACILITY.
I DON'T WANT TO EXTEND IT FOR SOMEBODY TO JUST GO TO SOUTH PARK MEADOWS SHOPPING AND JUST SPECIFICALLY SELF AUSTIN.
NO, IT CAN BE EXACTLY 18 MILES.
IT'S WHAT WE HAVE GOING ON RIGHT NOW.
SO I WOULD SAY THAT'S ABOUT FAIR.
UM, UH, MAYOR COUNCIL, JARED HENDRICKS, ASSISTANT CITY MANAGER FOR THE RECORD.
UM, WE CAN, WE CAN CREATE A GEO-FENCE AROUND ANYWHERE YOU WANT, AND WE CAN APPLY THE SAME PRICING MODEL THAT WE CURRENTLY HAVE FOR THE AIRPORT, WHICH IS THE RIDER PAYS THE FIRST 31.4% AND THE CITY PAYS THE OPPRESSED.
THE MORE, THE MORE LOCATIONS YOU ADD TO THAT, THE DESTINATION AREA, BECAUSE THE MORE COMPLICATED IT GETS, WE DO HAVE A MODEL CREATED TO GET INTO AUSTIN ACCESS TO CAPITAL METRO PROGRAM THAT WOULD TAKE THEM TO SOUTH PARK MEADOWS.
AND FROM THERE THEY CAN CATCH THE BUS AND THEN THEY CAN RIDE THE BUS BACK SOUTH PARK MEADOWS AND COME BACK.
AND THAT'S SOMETHING WE'VE TALKED ABOUT BEFORE JUST HAVEN'T IMPLEMENTED IT YET.
SO, UM, WHAT CAN BE DONE ABOUT IT? IS THAT SOMETHING WE CAN IMPLEMENT OR PRO TIP? YEAH.
THE ONLY THING ABOUT THAT ONE, JERRY, IS THAT I GUESS FOR ME AS SOMEBODY GOING TO THE DOCTOR OR SOMETHING, THEY'RE PROBABLY NOT IN GREAT SHAPE TO BE RIDING A BUS AND WALKING TO A BUS STOP.
I JUST, UH, I'VE REALLY BAD EXPERIENCE WITH BUS ROUTES AND BUSES.
UH, I DON'T FEEL LIKE I'VE NEVER EXPERIENCED A GOOD BUS ROUTE.
I'LL JUST SAY THAT, UH, I THINK COUNCILOR PARSLEY BRINGS SOMETHING A GREAT CONCERN UP AND THAT IS WE DO HAVE AN ELDERLY COMMUNITY IN OUR CITY THAT, YOU KNOW, HAS A HARD TIME GETTING AROUND, BUT EXTENDING THAT TO, YOU KNOW, MAYBE A DOCTOR'S OFFICE OR, UH, WOULD BE GREAT, UM, FOR AN APPOINTMENT, JUST DEPENDS ON WHAT OUR BUDGET IS AND HOW THAT WOULD AFFECT OUR BUDGET AS WELL.
THE MONEY WE HAVE BUDGETED FOR THIS, UH, PROGRAM, UH, I GUESS THE ONLY CONCERN I'VE GOT RIGHT NOW, CAN WE AFFORD IT? W I HAVE A, I HAVE A FEW THOUGHTS ON IT.
SO THE, CAN WE AFFORD IT? QUESTION IS, IS, IS ONE, THE PROGRAM IS GROWING AND IS CONTINUING TO GROW.
SO THAT'S EXCITING, BUT ALSO SOMETHING THAT I'M WANTING TO NOT LET IT GET AWAY FROM US.
AND THEN THE OTHER IS ACTUALLY THAT, THAT KYLE PROBABLY LEADS IN MEDICAL FACILITIES, WHICH ARE ALREADY COVERED UNDER UBER.
SO IF YOU WANT TO GO TO THE, YOU KNOW, JUST NEARLY ANY KIND OF SPECIALIZED MEDICINE UP TO, YOU KNOW, EMERGENCY ROOMS TO HOSPITALS, TO, YOU KNOW, UH, JUST ANYTHING IN THE CITY OF KYLE, UH, THE UBER PROGRAM CURRENTLY COVERS IT.
SO MY THOUGHT WOULD BE TO WAIT AND WAIT AND SEE, UM, ALLOW THE PROGRAM TO CONTINUE TO MATURE.
AND THEN IF THERE'S A DESIRE TO EXPAND IT, UH, MAYBE DO THAT, YOU KNOW, DOWN THE ROAD.
BUT, UM, WE DO HAVE A LOT OF MEDICAL FACILITIES, SO I LIKE THAT WE'RE NOW ABLE TO OFFER AFFORDABLE TRANSPORTATION TO THOSE MEDICAL FACILITIES.
UM, SO THOSE ARE THOSE, THOSE ARE THAT'S MY COMMENTS AND FEEDBACK BECAUSE FOR PARSON.
SO ONE OF THE THINGS THAT I KNOW FOR A FACT, IT'S LIKE, I HAVE TO GET TREATMENTS IN AUSTIN THAT I CANNOT, THEY DON'T HAVE IT AROUND THE KYLE AREA ABOUT EVERY OTHER MONTH.
SO THAT'S, I KNOW FOR A FACT THAT I DRIVE MYSELF AND I DON'T HAVE ISSUES DRIVING MYSELF BACK, BUT I KNOW THERE ARE RESIDENTS THAT IF THEY ARE SINGLE, YOU KNOW, OR WIDOWS OR SOMETHING ALONG THOSE LINES THAT DON'T HAVE FAMILY MEMBERS THAT CAN DRIVE THEM BACK.
UM, I THINK THERE IS A NEED FOR THAT IF WE DON'T HAVE PUBLIC TRANSPORTATION, SO I DON'T KNOW HOW MUCH THEY CAN WAIT OR WHAT EXPLANATION CAN WE GIVE TO THEM? WHAT CAN WE OFFER TO PEOPLE IN NEED OF MEDICAL TREATMENTS OUTSIDE THE KYLE LIMITS FOR THIS PROGRAM? BECAUSE WE'RE FIRST KILL.
DO WE KNOW OF OTHER CITIES PROVIDE TRANSPORTATION OUTSIDE
[02:25:01]
OF THEIR OWN CITIES? BECAUSE I THINK THAT'S NOT SOMETHING THAT'S COMMON.TYPICALLY CITIES ARE REALLY THE ONES PROVIDING THE TRANSPORTATION.
IT'S TRANSPORTATION AUTHORITIES LIKE CAPITAL METRO IN AUSTIN THAT PROVIDES TRANSPORTATION TO OTHER COUNTIES AND SAN ANTONIO.
IT'S THE, UH, I THINK THEY GO AS FAR NORTH AS NEW PROMPOSALS, BUT YOU HAVE TO SUBSCRIBE TO THAT.
AND THAT GOES WITH THE HUGE COST AND IDENTIFYING ALL THE DIFFERENT WE'D HAVE TO IDENTIFY ALL THE DIFFERENT POSSIBLE MEDICAL DESTINATIONS, WHICH HAS NOT ONLY HOSPITALS, BUT INDIVIDUAL DOCTOR'S OFFICES AND TREATMENT CENTERS THAT PEOPLE WOULD GO TO.
AND THEN WE'D HAVE TO CREATE A GEO-FENCE AROUND EACH OF THOSE TO ACCOMPLISH WHAT YOU'RE TRYING TO DO.
THAT'S YEAH, THAT'S WHAT I WAS GOING TO BE.
MY NEXT QUESTION IS HOW DIFFICULT IS THAT GOING TO BE? UM, UNFORTUNATELY THERE IS PEOPLE WHO REALLY DO NEED THIS, BUT I THINK THERE'S ALSO A POSSIBILITY OF SOME KIND OF ABUSE OF THAT SITUATION.
IF THE HOSPITAL IS CLOSE TO OTHER SHOPPING PLACES AND SEEING AS UBER IS PAID OUT OF THE GENERAL FUND, THEN IT'S ESSENTIALLY, UM, TAXPAYERS WHO ARE PAYING FOR THESE RIDES.
UH, SO TO, TO ADDRESS CONCERNS AS FAR AS LIKE WAYS TO GET FROM CITY TO CITY.
I DON'T KNOW IF THAT'S SOMETHING THAT OTHER CITIES PROVIDE AS WELL.
UM, BECAUSE AS MR. HENDRICKS JUST SAID, IT'S USUALLY A THIRD PARTY, UM, THAT, THAT, THAT WOULD DO THAT.
I'M ALL ABOUT TRYING TO GET PEOPLE SOME HELP, BUT I JUST WANT TO MAKE SURE THAT WE DO IT WITHIN OUR REALM OF RESPONSIBILITY.
AND WE'VE TALKED ABOUT GETTING INTO SOUTH PARK MEADOWS BEFORE IT'S NOT ONLY MEDICAL APPOINTMENTS AND MOST MEDICAL APPOINTMENTS ARE JUST FOR YOUR REGULAR VISIT AND NOT SOMETHING THAT WOULD CREATE AN ISSUE WHERE YOU WOULDN'T BE ABLE TO DRIVE YOURSELF.
BUT ALSO PEOPLE WORK IN AUSTIN AND I DO GET CALLS ABOUT PEOPLE WANTING TO CATCH A BUS OR TAKE AN UBER INTO AUSTIN FOR THEIR JOB.
SO, SO THERE'S SOME LEGITIMATE PURPOSES TO LOOK AT IN TERMS OF USING UBER TICKET INTO SOUTH AUSTIN.
BUT LIKE I SAID BEFORE, THE MORE LITTLE GEO-FENCES YOU DRAW, THE MORE COMPLICATED IT GETS, I'LL BE HAPPY TO PURSUE WHATEVER YOU DIRECT US TO PURSUE.
I THINK
I KNOW THAT CAPITAL METRO GOES INTO LEANDER, BUT THEY PAY FOR THAT SERVICE AS WELL.
SO THE CITIZENS OF LEANDER PAY FOR THAT.
UM, SO YEAH, I CAN'T THINK OF ANY INSTANCE WHERE A CITY WILL GO OUTSIDE HIS JURISDICTION, UH, FOR TRANSPORTATION.
SO I THINK THAT'S A GREAT POINT.
SO THAT'S WHERE ELLISON, UH, NO, IT'S CERTAINLY A MEMORABLE, UM, REQUEST CERTAINLY FOR THAT RESIDENT.
UM, BUT, UH, THAT WAS, YOU KNOW, WE KIND OF TALKED ABOUT THIS COUNCIL MEMBER PARTIALLY.
UH, THE GEO-FENCING FIGURING THAT OUT, UH, FI UH, IDENTIFYING ALL THE DOCTOR'S OFFICES AND HOSPITALS AND DIFFERENT THINGS, UM, THAT, THAT WILL BE A CHALLENGE.
PLUS I COMPLETELY AGREE WITH THE MAYOR ABOUT THIS, UH, PROGRAM WHILE WE ARE EXCITED THAT IT HAS GOTTEN SO MUCH INTEREST.
UH, WE DON'T WANT IT TO GET AWAY FROM US BECAUSE WE INCREASED THE BUDGET.
WE'VE HAD THIS FOR TWO YEARS NOW.
WE INCREASED THE BUDGET HEAVILY LAST YEAR BECAUSE OF THE, UM, THE AMOUNT OF USAGE IS GETTING, WHICH IS GREAT.
UM, AND I CERTAINLY UNDERSTAND, YOU KNOW, UH, ON THE, UH, PIGGYBACKING ON THE BA BA CLINIC, WHICH WAS AN IDEA OF THE RESIDENTS, THANK YOU RESIDENTS FOR BRINGING THAT FORWARD.
UM, BUT THAT, THAT IS JUST THE CHALLENGE.
SO, I MEAN, UH, CERTAINLY, YOU KNOW, I DON'T KNOW, I LIKE TO SEE THE NUMBERS AND WHERE, WHERE THIS WOULD ACTUALLY GO BEFORE.
I WOULD LIKE TO SUPPORT, UH, AN INITIATIVE TO GO, UM, ALL THE WAY INTO THIS CAUSE, UH, I THINK THE, THE, THE FINANCE OF THIS AND THE EXPENSE OF IT, PLUS FIGURING OUT THE GEO-FENCING, I JUST SEE THAT GOING WAY UP, BUT WE HAVE TO BALANCE THE, THE COST OF BASED ON THE RETURN OF WHAT WE'RE GETTING FOR OUR RESIDENTS.
AND CERTAINLY THAT WAS THE OTHER POINT I WAS GONNA MAKE BEFORE.
UH, COUNSELOR FLORES, KALE SPOKE WAS JUST, UH, OUTSIDE OF OUR JURISDICTION.
IT'S NOT JUST NOT HAVING PUBLIC TRANSPORTATION AND WHAT PEOPLE, I THINK PEOPLE TYPICALLY THINK OF PUBLIC TRANSPORTATION IS A BUS.
WE DON'T HAVE THE DEMAND FOR THAT.
WE ASK EVERY SURVEY EVERY YEAR WE HAD CARTS IN THE PAST.
WE DO NOT HAVE THE DEMAND FOR THAT.
HECK I EVEN STRUGGLED TO USE UBER BECAUSE I JUST LIKE HAVING MY CAR WITH ME AND WITHIN THE CITY LIMITS OF KYLE.
UH, SO, UH, WE JUST DON'T HAVE THE DEMAND THERE.
AND SO EVEN IF WE HAD PUBLIC TRANSPORTATION AND BUSES AND PEOPLE WOULDN'T BE ABLE TO GET INTO AUSTIN, WOULD IT, UNLESS WE WERE PART OF A THIRD PARTY THAT IS OFFERING THAT LIKE WAS MENTIONED EARLIER.
SO THOSE ARE JUST MY INITIAL CONCERNS WITH IT.
[02:30:01]
ALRIGHT.IF THERE ARE NO OBJECTIONS, WE'RE GOING TO MOVE ON.
[27. Discussion and possible action addressing concerns from council and residentsregarding the City Manager and "MUNICIPAL CONSULTING, LIMITEDLIABILITY COMPANY, to include any other authorized and/or unauthorizedoutside business activities. ~ Yvonne Flores-Cale, Council Member]
ALL RIGHT.NEXT UP AGENDA ITEM NUMBER 27, DISCUSSION AND POSSIBLE ACTION.
ADDRESSING CONCERNS FROM COUNCIL AND RESIDENTS REGARDING THE CITY MANAGER AND MUNICIPAL CONSULTING LIMITED LIABILITY COMPANY TO INCLUDE, UH, ANY OTHER AUTHORIZED AND OR UNAUTHORIZED OUTSIDE BUSINESS ACTIVITIES, CUSTOMER FORCE CAP.
UM, UM, I DO WANT TO PREFACE WITH THE FACT THAT I WANT TO MAKE SURE THAT THERE'S NO CONFLICT OF INTEREST, UM, REGARDING EVERYBODY SITTING ON THIS COUNCIL.
SO IF YOU FEEL LIKE THERE MIGHT BE A CONFLICT OF INTEREST, I WAS SUGGESTED YOU REMOVAL FOR ANY FUTURE ISSUES.
UM, SO ON APRIL 27TH, 2020, RIGHT BEFORE I BOARDED MY PLANE AND HEADED TO WASHINGTON DC TO MEET OTHER COUNCIL AND OUR CITY MANAGER, I RECEIVED A TEXT FROM SOMEONE WHO HAD RECEIVED AND FORWARDED TO ME AN EMAIL REGARDING THE CITY'S PREVIOUS COUNCIL MEMBER, RICK COACH, THE EMAIL DISCUSSED AND PROMOTED A COMPANY BY THE NAME OF MUNICIPAL CONSULTING LIMITED LIABILITY COMPANY, AS WELL AS A PROGRAM ENTITLED TRIP T R I P P P TRANSIT RIDE SHARING EXCLUSIVE PUBLIC PRIVATE PARTNERSHIP.
THE TRIP PROGRAM, MUNICIPAL CONSULTING LLC WAS PROMOTING MIRRORED MIRRORED.
AS I READ TO THE BOTTOM OF THE EMAIL, I ALSO READ AND SAW RECOMMENDATION FOR THE PROGRAM FROM MAYOR TRAVIS MITCHELL, AFTER A BRIEF SEARCH, WHILE WAITING ON THE PLANE, I REALIZED MUNICIPAL CONSULTING LIMITED LIABILITY COMPANY WAS OWNED AND OPERATED BY OUR CITY MANAGER, SCOTT SELLERS.
WHILE IN WASHINGTON, I ATTEMPTED TO FOCUS MY DUTIES TO REPRESENT DISTRICT TWO AND HELP TRY TO FIND MONETARY ASSISTANCE FOR OUR GROWING CITY DAIRY.
NOW, OUR THIRD MEETING WITH REPRESENTATIVE CHIP ROY'S OFFICE, SCOTT CELLARED INQUIRED ABOUT FUNDING FOR THE CITY'S UBER PROGRAM.
THIS WAS THE FIRST TIME THAT UBER PROGRAM WAS BROUGHT UP AND I COULDN'T HELP, BUT WONDER IF HE WERE ASKING ON BEHALF OF HIMSELF OR THE CITY REPRESENTATIVE ROY'S STAFF DISCUSSED THE UBER PROGRAM, BUT SHUT DOWN GRANT OPPORTUNITIES FOR THE PROGRAM.
THE STAFF STATED, ALTHOUGH HE LIKED THE IDEA, IT WILL BE 20 YEARS BEFORE SOMETHING LIKE THAT WOULD GAIN FUNDING IN WASHINGTON.
AGAIN, I WONDERED IF THAT INFORMATION SOMEHOW BENEFITED MR. SELLER'S BUSINESS.
ONCE I RETURNED AND HAD THE OPPORTUNITY TO RESEARCH MUNICIPAL CONSULTING, LIMITED LIABILITY COMPANY AT THE TEXAS COMPTROLLER AND THE TEXAS SECRETARY OF STATE, I LEARNED THAT MR. SELLERS HAD UTILIZED OUR CITY HALL AS HIS REGISTERED OFFICE AND A CERTIFICATE OF FORMATION, A COPY OF WHICH I ATTEMPTED TO HAVE ADDED TO MY BAG OF MATERIAL, BUT WAS NEVER ADDED THUS CRE.
SO THE, THE CERTIFICATE INFORMATION, HAVING THE REGISTERED AGENT CREATED A MISUSE OF ACIDITY, PROPERTY OF VIOLATION OF SECTION SEVEN, PUBLIC PROPERTY AND RESOURCES OF OUR CITY'S ETHIC ORDINANCE.
ADDITIONALLY, AFTER REVIEWING THE CITY MANAGER'S WEBSITE, I FOUND REFERENCE TO HONEYWELL AND UBER, BOTH OUR PROGRAMS, THE CITY UTILIZES THUS CREATING A VIOLATION OF SECTION 2.08 OUTSIDE EMPLOYMENT IN OUR CITY KYLE'S CITY OF KYLE'S PERSONAL PERSONNEL POLICY SECTION 2.7 HOURS OF WORK, AND 6.2 GOOD CAUSE IN THE CITY MANAGER'S AMENDED AND RESTATED CITY MANAGER EMPLOYMENT AGREEMENT, AS WELL AS VIOLATIONS TO PREVIOUS MOTION PASSED FROM LAST JANUARY.
ADDITIONALLY, WHEN MR. SELLERS RECUSED HIMSELF LAST WEEK FROM CREATING TODAY'S AGENDA ITEM REGARDING UBER, THAT ACTION CREATED A KNOWING AND WILLFUL BREACH OF HIS DUTY AS CITY MANAGER, WHICH IS ANOTHER VIOLATION IN SECTION 6.2 GOOD CAUSE OF HIS EMPLOYMENT AGREEMENT.
THE CITY MANAGER'S RECUSAL ALSO SHOWED INTERFERENCE WITH THE ABILITY TO PERFORM HIS DUTIES, A VIOLATION OF SECTION 2.7 HOURS OF WORK IN HIS EMPLOYMENT AGREEMENT.
FINALLY, ACCORDING TO PART B, SECTION ONE, A LITTLE I AND PROPER ECONOMIC BENEFIT OF THE CITY OF KYLE, OF ETHICS, EVERY PERSON AND OR ENTITY THAT RECEIVES THAT EMAIL, OR WAS SOLICITED BY EITHER RICK COACH, SCOTT SELLERS OR MUNICIPAL CONSULTING COMMA LIMITED LIABILITY COMPANY CAN NOT TAKE PART IN ANY OFFICIAL ACTION WITH THE CITY.
I BRING THIS AGENDA ITEM TO COUNCIL WITH THESE QUESTIONS.
DO YOU THINK OUR CITY MANAGER'S CREATION OF MUNICIPAL CONSULTING LIMITED LIABILITY VIOLATES HIS AGREEMENT, THE CITY CHARTER OR ANY ORDINANCES WAS, IS THERE MISCONDUCT OR MISUSE OF PROPERTY REAL PERSONAL OR MISUSED OWNED OR ENTRUSTED TO THE CITY? AND WAS THERE NEGLIGENT MISAPPLICATION OR MISUSE DIRECTLY OR INDIRECTLY MEANING, DID HE KNOW UBER WAS NOT ADA COMPLIANT OR DID HE NEGOTIATE IN BAD FAITH BEHALF OF THE CITY FOR PERSONAL GAIN PUBLIC OR OTHER FUNDS? IF COUNCIL DETERMINES THERE ARE VIOLATIONS, DO ANY OF US INTEND TO DO ANYTHING ABOUT IT? I OPEN THE FLOOR TO QUESTIONS.
DOES ANYBODY HAVE ANY QUESTIONS, COMMENTS UH, THE, A LOT IN THAT, BUT AS FAR AS I'M AWARE, THE TWO MOST SALIENT FACTS ARE TWO OR THREE MOST SALIENT FACTS ARE NUMBER ONE.
UH, AT THE BEGINNING OF LAST YEAR, UH, SENIOR MANAGER APPROACHED THE COUNCIL, UH, TO, UH, HAVE CONVERSATIONS AND ASK PERMISSION PER HIS CONTRACT TO PURSUE CONSULTING OPPORTUNITIES THAT THAT PERMISSION WAS GRANTED.
[02:35:01]
THE COMPANY WAS CREATED AFTERWARDS AND THERE, UM, UM, UH, WAS A PURSUIT, UH, OF THIS ARRANGEMENT CITY MANAGER HAS SAID THAT IT HAS DONE IT TRANSPARENTLY IN THE SENSE OF, UH, BEING WILLING TO, UH, PROMOTE IT ONLINE, UM, BELIEVED HE WAS IN, UH, COMPLIANCE AND STILL DOES BELIEVE THAT HE IS IN COMPLIANCE WITH THE DIRECTION OF COUNCIL.BUT ALL THOSE THINGS BEING SAID IS, UH, IN LIGHT OF THIS IS AT SOUGHT AN ETHICS ADVISORY OPINION, WHICH IS THE PROCESS THAT WE GO THROUGH TO, UH, DETERMINE, UH, WHAT, UH, COURSE OF ACTION SHOULD BE TAKEN.
SO THE CITY MANAGERS IS REQUESTED TO ALLOW FOR THAT ADVISORY OPINION TO COME FORWARD, WHICH WILL, UH, BE A THOROUGH REVIEW OF THE SITUATION.
UH, IT IS, UH, AS WELL AS OFFERING A POTENTIAL, UH, DIRECTION FOR HOW TO MAKE SURE THAT, UH, IF THERE IS ANYTHING THAT, UH, CONTINUES FORWARD, THAT IT'S DONE UNDERNEATH FIREWALL, UH, WITH APPROPRIATE, UM, UH, ETHICAL SAFEGUARDS IN PLACE.
SO THERE WILL BE AN OPPORTUNITY FOR THAT.
IF THERE IS A BELIEF THAT AN ETHICS VIOLATION OCCURRED, UH, THERE'S A PROCESS IN PLACE FOR THAT AS WELL.
AND IF THERE'S A DESIRE FOR THE COUNCIL TO, UM, UH, MAKE A DIFFERENT DECISION WITH REGARDS TO WHETHER OR NOT THE CITY MANAGER CAN PURSUE OUTSIDE CONSULTING, UH, THAT'S ALSO A PATH AVAILABLE.
SO, UH, TH THOSE ARE MY COMMENTS.
SO I WISH THAT ADVISORY OPINION COULD HAVE BEEN WRITTEN IN ANTICIPATION OF, UH, THIS PUBLIC, UH, UH, MOVING FORWARD, BECAUSE IT DOESN'T ALLOW FOR, UH, EQUAL SHARE OF INFORMATION AND CONTEXT.
UH, THEY MIGHT BE PROVIDED BY OTHERS, BUT AN ETHICS ADVISORY OPINION OFTENTIMES DOES ALLOW FOR THAT CONTEXT IN THAT CLARITY.
SO, UH, THOSE ARE MY THOUGHTS, UH, CUSTOMER TOBY'S.
UH, MR. SELLERS, IF I COULD ASK THIS QUESTION, UM, WHAT TYPE OF CONSULTING WOULD YOU BE DOING WITH YOUR, WITH THIS, UH, COMPANY THAT, THAT YOU WOULD HAVE, IF YOU CAN ANSWER THAT JUST FOR MY KNOWLEDGE.
SO IN GENERAL, ANY SORT OF CONSULTING WOULD BE, UH, REALLY TO CHANGE THE GAME AT ALL MY WEBSITE.
IT SAYS, RAISING THE BAR, RAISING THE BAR FOR PUBLIC PRIVATE SECTOR.
SO COUNCIL HAS KNOWN ME FOR QUITE SOME TIME.
I AM AN INNOVATOR WHEN WE HAVE GREAT IDEAS, UH, OR WHEN I SECRET IDEAS, I WOULD LIKE TO, UH, PROMOTE THOSE TO OTHER UNITS OF GOVERNMENT.
SO THE CONSULTING THAT, UH, WOULD BE DONE WOULD BE DIRECTLY WITH ANOTHER UNIT OF GOVERNMENT THAT, UH, HAS REQUESTED THAT THROUGH AN OFFICIAL PROCESS.
SO IT'D BE KIND OF LIKE USING YOUR EDUCATION AND YOUR EXPERIENCE, UH, WORKING IN OTHER CITIES TO, UM, GIVE CONSULTING OPINIONS, SO FORTH TO OTHER OTHER AREAS OF, OF, YEAH, IT'S VERY COMMON IN THE INDUSTRY FOR CITY MANAGERS, ASSISTANT CITY MANAGERS, FACTOR OTHER STAFF TO HAVE CONSULTING OPPORTUNITIES.
UH, I WAS FIRST OFFERED THAT OPPORTUNITY IN 2016 FROM THIS COUNCIL AND THEN REAFFIRMED IT IN 2021, WHICH TIME I DID START MY CONSULTING COMPANY.
SO AGAIN, IT WAS YES TO IMPART INFORMATION THAT I'VE GAINED OVER 17 YEARS OF DOING THIS.
AND MY LAST, UH, COMMENT IS, UM, WITH DUE RESPECT, YOU KNOW, I, I LOOK AT IT AS I'M NOT HERE TO JUDGE ANYBODY ON WHAT THEY DO WITH HAVING, UH, THEIR OWN BUSINESS ON THE SIDE.
WE ALL HAVE THAT OPPORTUNITY EVEN, EVEN CLEANING MYSELF.
UM, I THINK THE CONCERN IS, UH, AS SERVERS, IS THAT THE PERCEPTION THAT MAY BE PERCEIVED AS, UM, HOW EVERYTHING FIT INTO PLAY, UM, THAT WE HAD A VERY STRONG DEBATE REFERENCING YOUR CONTRACT.
AND, UM, AGAIN, I'M, I'M NOT TOO MUCH OF A FAN OF SOCIAL MEDIA.
AND THEN A, UH, POSTING GOES OUT TO WHERE, YOU KNOW, UH, A NEW COMPANY WAS FORMED AND HAD TIES TO YOUR NAME.
IT'S JUST THE PERCEPTION THAT COMES ACROSS TO THE RESIDENTS.
SO, UH, AGAIN, I, I'M NOT SOMEBODY TO TELL SOMEBODY THEY CAN'T DO ANOTHER JOB OR SO FORTH, BUT IT, BUT IF IT, IF, IF IT'S DONE LEGALLY, BUT IF IT'S DONE ILLEGALLY, THEN OF COURSE WE ALL HAVE PROBLEMS WITH THAT, BUT IT ALSO HAS A PERCEPTION THAT WHEN YOU HAVE A CITY MANAGER AND A FORMER MAYOR PRO TIM COUNCIL MEMBER ON THE SAME KIND OF WEBPAGE, UH, WORKING TOGETHER, YOU JUST
[02:40:01]
HAVE TO LOOK AT IT REALISTICALLY, LIKE WHAT'S REALLY GOING ON.AND I, AND I, I'VE BEEN FOLLOWING COUNCIL FOR MANY YEARS AND, UH, THERE'S A LOT OF QUESTIONS THAT COME UP, ESPECIALLY IT HAS A HISTORY OF, YOU KNOW, HAVING A FRIDAY MORNING MEETING TO APPROVE A CERTAIN TYPE OF AGENDA ITEM WITH, WITH PUBLIC NOTICE.
BUT IF YOU COULD JUST, UH, UNDERSTAND WHERE WE'RE COMING FROM ON THIS.
AND AGAIN, UH, ACCORDING TO MAYOR MITCHELL, THERE IS A ETHICS, UM, ADVISORY, THE ADVISORY THAT'S COMING OUT AND, UH, JUST LOOK FORWARD TO SEEING WHAT, WHAT THAT RECOMMENDATION IS.
THANK YOU, CUSTOMER FLOOR SCALE.
FIRST AND FOREMOST, WE ARE SOMEBODY TO TELL SOMEBODY THAT BECAUSE IT'S OUR RESPONSIBILITY TO MAKE SURE OUR CITY MANAGER IS FOLLOWING OUR POLICIES AND PROCEDURES.
AND SO IN THAT IN THE CITY OF KYLE PERSONNEL POLICY, IT SPECIFICALLY STATES IF THE WORK DOES NOT CONSTITUTE A CONFLICT OF INTEREST, DOES NOT FEAR WITH AN EMPLOYEE'S PERFORMANCE OF DUTIES WITH THE CITY AND IS NOT INVOLVED THE USE OF CITY TIME OR EQUIPMENT ADDITIONALLY, INTO THE CONTRACT.
IT SAYS, UH, SIR, AS LONG AS COUNCIL DETERMINES THAT THE SERVICES WILL NOT INTERFERE WITH THE MANAGER'S PERFORMING OF THE CITY'S MANAGER'S DUTIES HERE UNDER, WHEN YOU HAVE TO RECUSE YOURSELF FROM AN AGENDA ITEM, THAT IS AN INTERFERENCE.
AND I DON'T UNDERSTAND HOW YOU SEPARATE THE TIME FROM CONSULTING.
AND, AND LET ME BE TRANSPARENT WHEN I SAY I VOTED YES LAST YEAR FOR HIM TO HAVE A CONSULTING JOB, NOT TO CREATE A BUSINESS.
THAT WAS NOT THE EXTENT OF MY KNOWLEDGE.
AND SO I WOULD HAVE HAD AN ISSUE KNOWING THAT HE WAS GOING TO CONSULT FOR OTHER CITIES, ESPECIALLY USING PROGRAMS ON HIS WEBSITE THAT WERE HONEYWELL AND UBER, WHICH ARE PROGRAMS OUR CITY USES.
SO, ALTHOUGH I DON'T WANT TO COME OFF AS HARSH OR, OR BITTER OR ANGRY, I FEEL LIKE IT IS OUR JOB TO MAKE SURE AS COUNCIL MEMBERS THAT, UM, WE'RE MAKING SURE THAT OUR ONE EMPLOYEE IS DOING HIS JOB CORRECTLY AND THAT THERE'S NO CONFLICT OF INTEREST.
SO WITH THAT SAID, I WOULD LIKE TO MAKE A MOTION TO BRING THIS BACK AFTER THE OPINION HAS, UM, BEEN COMPLETED.
AND SO WE CAN HAVE FURTHER DISCUSSION.
THE MOTION IS MADE BY CUSTOMER FLOORS, KALE TO POSTPONE, UH, ITEM 27, UH, SEVEN, UH, UNTIL AFTER THE ETHICS ADVISORY OPINION.
MR. DISCUSSION ON THAT MOTION, ALL THOSE IN FAVOR, SAY, AYE, ALL OPPOSED.
[28. ( First Reading ) An ordinance of the City of Kyle, Texas annexing 119.703 acresof land, more or less located at 1111 and 1113 Roland Lane, approximately 3,000’northwest of the intersection of IH-35 & Roland Lane in Hays County, Texasincluding the abutting streets, roadways, and rights-of-way into the corporatelimits of the City . (Edward Bullock - ANNX-22-0017) ~ Will Atkinson, SeniorPlanner]
NEXT UP AGENDA ITEM NUMBER 28.FIRST READING IN ORDINANCE OF THE CITY OF KYLE TEXAS.
ANNEXES 119.703 ACRES LAND, MORE OR LESS LOCATED AT 11, 11 AND 1113 ROLAND LANE, APPROXIMATELY 3000 FEET NORTHWEST OF THE INTERSECTION OF
UH, THIS ITEM DOES HAVE A PUBLIC HEARING.
UH, MR. ATKINSON, YOU WANT OPEN IT UP? WELL, I CAN SEND IT TO YOUR PLANNER FOR THE RECORD, UH, BEFORE YOU, WE ARE CONSIDERING, UH, OR, UM, THE FIRST READING OF THE ORDINANCE ANNEX 119.703 ACRES OF LAND, MORE OR LESS LOCATED, AS YOU STATED, UM, FOR THE ITEM, THIS IS A, THIS IS A PARCEL OF LAND THAT HAS A CHAPTER 43 NON ANNEXATION DEVELOPMENT AGREEMENT ON IT, WHICH MEANS IF THEY DO ANYTHING WITH, OR HAVE ANY PLANS THAT WOULD NORMALLY REQUIRE PERMITS FROM THE CITY, OTHER THAN AGRICULTURE, TIMBER, PRODUCTION, AND LIVESTOCK, THEN THEY WILL BE ANNEXED BY DEFAULT.
AND SO, UM, THEY ARE PROPOSING IT LATER ON AFTER ANNEXATION WAS ZONING, UM, TO HAVE DEVELOPMENT PLANS.
AND SO WE ARE MOVING FORWARD WITH THE FIRST STEP OF THE ANNEXATION.
ALRIGHT, THIS ADAM HAS A PUBLIC HEARING.
SO IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING.
NOW, IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE I'M GOING TO CLOSE THE PUBLIC HEARING IS NOW CLOSED.
UH, DOES ANYBODY HAVE ANY QUESTIONS FOR MR. ATKINSON OR COMMENTS? CUSTOMER TOBY'S.
I KNOW EXACTLY WHERE THIS TRACK DOES THAT IT'S KIND OF A LITTLE SENTIMENTAL HERE FOR DIFFERENT REASONS.
UM, BUT I'M LOOKING AT THE, UM, THE DEED ITSELF AND JUST SEEING HOW FAR IT GOES BACK.
YOU SEE THAT THERE'S THESE VERUS, IT SAYS BEGINNING AT THE NORTH CORNER, AND IT'S ALSO DATED MAY 22ND, UH, 1896 AND HOW IT JUST GOES THROUGH GENERATIONS OF FAMILIES ALL THE WAY DOWN, UH, UP TO, I GUESS, UH, IT WENT TO THE HALE FAMILY.
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CURRENTLY UNDER MR. MR. BOLLOCK.SO THERE, HE'S REQUESTING BASICALLY TO, TO GET A CHANGE FROM THE AGRICULTURE FINALLY TO POSSIBLE RESIDENTIAL ZONING, IS THAT WHERE WE'RE AT AS A, AS A FOLLOWING ANNEXATION, THERE WILL BE A ZONING, UH, CONSIDERED, UM, WITH GENERALLY RESIDENTIAL WITH A LITTLE BIT OF COMMERCIAL, BUT WITHOUT GOING INTO TOO MUCH DETAIL JUST FOR STATE LAW YES.
OF COURSE, THERE'S A CREEK THERE.
UM, THAT'S JUST THE ONLY THING I KNOW IT FLOODS OUT THERE A LOT, BUT I'M PRETTY SURE WITH THE DEVELOPMENT NOW, IS THERE THROUGH THAT TRACK OF LAND, IS THERE A PROPOSED A ROAD GOING THROUGH THAT AREA AS WELL? NOT FOR THE TRANSPORTATION MASTER PLAN, SIR.
UM, BUT THEY WILL BE BUILDING AS A FUNCTION OF THEIR SUBDIVISIONS LATER ON.
THEY WILL BE BUILDING PUBLIC STREETS GOING THROUGH THERE.
UM, THEY HAVE, UH, ADJACENT TO THEIR PROPERTY.
THEY HAVE THE FM ONE 10 BYPASS THAT THE COUNTY IS CURRENTLY DESIGNING.
SO IT WILL BE ABLE TO TAKE ADVANTAGE OF THAT AS WELL.
UH, I'D LIKE TO MAKE A MOTION TO APPROVE MOVED BY THE MAYOR, SECONDED BY COUNSELOR AND BRADSHAW THAT WE APPROVED INTO ITEM NUMBER 28.
IS THERE DISCUSSION ON THAT MOTION? ALL IN FAVOR, SAY AYE.
IS THERE ANY OBJECTION TO THIS ORDINANCE BEING FINALLY PASSED SEEING THEN IT IS FINALLY PASSED.
DOES IT HAVE TO COME BACK PLEASE? UH, ON THE 17TH, UH, PER THE SCHEDULE.
WELL THEN I OBJECT AND WE'LL BRING IT BACK.
[29. ( First Reading ) An ordinance amending Chapter 53 (Zoning) of the City ofKyle, Texas for the purpose of assigning original zoning to approximately 1 acreof land from Agriculture 'A' to Retail Service District 'RS' for property located at23451 IH-35, in Hays County, Texas. (Winn Family LP - Z-22-0095) ~ WillAtkinson, Senior Planner]
UP AGENDA ITEM NUMBER 29.FIRST READING AN ORDINANCE AMENDING CHAPTER 53 ZONING OF THE CITY OF KYLE TEXAS, UH, FOR THE PURPOSE OF ASSIGNING ORIGINAL ZONING TO APPROXIMATELY ONE ACRE OF LAND FROM AGRICULTURE TO RETAIL SERVICES FOR PROPERTY LOCATED AT 23, 4 51, UH, AT 35 AND HATES COUNTY, TEXAS.
UH, THIS ITEM ALSO HAS PUBLIC HEARING.
WELL, I CAN SEND TO YOUR POINT FOR THE RECORD, AND NOW YOU CAN SEE SOME STUFF HERE AT THE SPEC POP UP ON THE SCREEN.
YOU SEE MY STAFF REPORT, UH, THIS PETITION A Z DASH 22 DASH 0 9 5.
UM, THE, UH, LANDOWNER, UH, THE WIND FAMILY LIMITED PARTNERSHIP IS PROPOSING TO REZONE APPROXIMATELY ONE ACRE OF THEIR FIVE THAT THEY OWN AT, UH, 23, 4 31 35 FROM AGRICULTURE TO RETAIL SERVICES, UM, ALL AROUND IT.
THERE'S, UM, A MIX OF AGRICULTURE AND A WAREHOUSE AND CONSTRUCTION MANUFACTURING.
UM, FROM THE ZONING MAP, YOU SEE THERE, THE COMPREHENSIVE PLAN.
UM, HOWEVER IT TALKS ABOUT, UM, WAREHOUSE AND CONSTRUCTION MANUFACTURING, NOT BEING CONSIDERED ALONG AT 35.
SO, UM, THEY WENT WITH THE NEXT BEST THING, WHICH IS THE RETAIL SERVICES, WHICH ALLOWS ALL THE USES IN THE CBD ONE, CB TWO AND RETAIL SERVICES, ONLY DISTRICT IT'S GENERALLY IN YOUR POINT OF SELL, UH, RETAIL.
UH, IT CAN BE ANYTHING FROM A, UM, AN AUTO REPAIR SHOP.
IT CAN BE A HOTEL, IT CAN BE A RESTAURANT OFFICE, UH, YOU NAME IT, ANYTHING THAT'S POINT OF SALE.
SO, UM, FOR THE COMPLAINT IS APPROPRIATE FOR THE AREA.
UM, IF THE ZONING IS APPROVED, UH, THEY WILL HAVE TO PLAT.
UM, THEY WILL HAVE TO HAVE A SITE DEVELOPMENT PERMIT, GO THROUGH THE CONDITIONAL USE PERMIT FOR A FACADE IMPROVEMENTS AND ALSO GET A BUILDING PERMIT, UH, AS EXPECTED PER THE AND REQUIRED PER THE CITY CODE.
UH, STAFF SAFA HAS NO ISSUE RECOMMENDING APPROVAL FOR IT.
UH, THE PLANNING AND ZONING COMMISSION RECOMMENDED APPROVAL ON IT AS WELL, AND WE BELIEVE IT'S APPROPRIATE FOR THE AREA.
AND WE ASKED THAT YO, UM, VOTE TO APPROVE IT AS WELL.
IS THAT HIM AS A PUBLIC HEARING? SO IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN UP THE PUBLIC HEARING.
UH, SEEING NONE, THE PUBLIC HEARING IS NOW OPEN.
IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? ALL RIGHT.
SEEING NONE, I'M GOING TO CLOSE THE PUBLIC HEARING.
I'LL MAKE A MOTION TO APPROVE SECOND MOVE BY THE MAYOR, SECONDED BY COUNCIL MEMBER.
TOBY IS, IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
[30. ( First Reading ) An ordinance of the City of Kyle, Texas annexing 176.023 acresof land, more or less, located at 5260 Hillside Terrace, in Hays County, Texas including the abutting streets, roadways, and rights-of-way into the corporatelimits of the City. (Hillside Terrace/Porter Country - ANNX-21-0015) ~ WillAtkinson, Senior Planner]
AGENDA ITEM NUMBER, UH, 30 BESIDE THEM ALSO AS A PUBLIC HEARING.FIRST READING OF ORDINANCE OF THE CITY OF KYLE TEXAS.
ANNEXES 176.02, THREE ACRES LAND, MORE OR LESS LOCATED AT 52 60 HILLSIDE TERRACE IN HAYES COUNTY, TEXAS, INCLUDING THE BUDDING STREETS, UH, ET CETERA, MR. ATKINSON.
WILL I CAN SEND FOR THE RECORD, UH, SENIOR PLANNER, I'VE GOT A FEW ITEMS FROM IT AS Y'ALL CAN SEE.
SO BEFORE YOU USED THE FIRST OF THE TWO ITEMS THAT ARE GOING TO BE A PART OF A COMBINED PROJECT,
[02:50:01]
UM, COMING DOWN THE PIPELINE, UH, THE FIRST ONE WITH ANNEX 21 DASH 0 1 5 IS APPROXIMATELY 176 ACRES LOCATED AT 50 TO 60 HILLSIDE TERRACE.UM, SO YOU CAN SEE IT ON THE MAP RIGHT HERE.
UM, THE RED IS EXISTING CITY, UH, BOUNDARIES FOR CITY LIMITS AND, UH, EVERYTHING OUTLINED IN YELLOW IS THE SHOWING RATE IS GOING TO CONNECT FROM A CONTINUITY STANDPOINT WITH CONTIGUOUS BOUNDARIES, WHICH IS REQUIRED BY STATE LAW, UH, UTILITY PROVIDERS.
WE HAVE A GOFORTH SOD FOR WATER.
WASTEWATER IS A WINDY HILL UTILITY COMPANY.
ELECTRICITY IS PETRONELLIS A GAS TO CENTERPOINT ENERGY AND INTERNET.
WE'LL USE SPECTRUM OF GRUNDY, UH, THE SERVICES THAT THE CITY WILL PROVIDE UPON ANY ANNEXATION OR THE POLICE SERVICE, UH, BUILDING PERMITS, PLANNING, INSPECTIONS, ECONOMIC DEVELOPMENT CENTERS, IF ANY, AND THEN, UM, FIRE SERVICE, UM, WILL BE ESD EIGHT, WHICH IS A BEAUTIFIED DEPARTMENT.
THEY ARE AWARE THAT THIS IS GOING TO BE ANNEXED AS WELL.
AND, UH, STEPH DOES NOT HAVE A PROBLEM WITH THE PETITION.
UH, THERE WAS A QUESTION EARLIER, WE'LL SAY, UH, ABOUT, UM, A SURVEY PIN ON AN ADJACENT PROPERTY.
UH, WE WOULD ASK THAT, UH, THE APPLICANT COME UP AND PROVIDE A LITTLE BIT OF CLARIFICATION UPON THAT.
UM, 1 29, 30, 30, 30 AND 31 30, 31 MINUTES, MARION COUNCIL, DANIEL MCILRATH FROM, UH, MILESTONE COMMUNITY BUILDERS.
UM, FIRST OFF I WANT TO THANK MRS. WOODS FOR HER ENGAGEMENT.
UM, YOU KNOW, BOTH WHEN THE PETITION WAS INITIALLY ACCEPTED IN, ON THIS ITEM.
AND SINCE THAT PETITION WAS ACCEPTED, WE'VE HAD, UM, ENGAGED WITH, WITH HER MULTIPLE TIMES REGARDING THIS PROJECT AND AN EFFORT TO BE, YOU KNOW, GOOD NEIGHBORS AND WORK COLLABORATIVE WAY WITH HER.
UM, AS IT RELATES TO THE SURVEY PIN, WE FOUND OUT ABOUT THIS ISSUE, UM, THROUGH OUR ENGINEER ON THE PROJECT WHO HAD KIND OF HEARD ABOUT IT THROUGH, UM, THE COUNTY AND IMMEDIATELY I REACHED TO OUR NEIGHBORS AT THE MANSONS AT BUDA, UM, AND THEIR CONTRACTOR WHO PLACED THE PIN, UM, TO TRY AND RESOLVE THIS ISSUE.
UM, AFTER SPEAKING WITH BOTH OF THEM, THERE'S NO QUESTION ABOUT WHERE THE PROPERTY CORNER IS.
UM, THAT PIN WAS PLACED AS A CONTROL POINT FOR SURVEY, FOR THEM TO BE ABLE TO GO OUT AND SET, UM, GRADING STEAKS FOR THE WORK THEY'RE DOING WITHIN THE MANSIONS OF VIEWED AS PROPERTY.
UM, I TOLD HIM THAT, YOU KNOW, THEY HAVE NO RIGHT TO TRESPASS ON SOMEBODY ELSE'S PROPERTY WITH THEIR INNER OR SOMEBODY ELSE'S PROPERTY WITHOUT THEIR APPROVAL.
AND THAT, UM, YOU KNOW, THAT SURVEY PINK PEN NEEDED TO BE MOVED.
IT WAS NOT AN ATTEMPT TO, UM, MARK THE PROPERTY CORNER.
IT WAS TO SET A CONTROL LOCATION FOR SURVEYING STUFF WITHIN THE PROPERTY.
UM, THEY'VE SINCE MOVED THAT, UM, CONTROL POINT INTO THE BOUNDARIES OF THE MANSIONS THAT VIEWED THE PROPERTY.
UNFORTUNATELY I CAN ONLY ACT ON THIS AFTER THE FACT, UM, AND TRY AND SLAP RIS AND, YOU KNOW, KEEP OUR NEIGHBORS ACCOUNTABLE AND KEEP THEM, UM, ACTING AS GOOD NEIGHBORS AS WELL.
UM, YOU KNOW, AS WE'VE BEEN SITTING HERE, I'VE GONE BACK THROUGH AND RECONFIRMED BOTH WITH OUR LEGAL DESCRIPTIONS, UM, AND WITH THE MANSION'S ABUSE LEGAL DESCRIPTIONS THAT INDEED THE PROPERTY CORNER IN BOTH OF THOSE IS IDENTIFIED.
UM, AND THAT, YOU KNOW, THAT PRECEDENT IS SET USING MRS. WOOD'S PROPERTY BOUNDARY.
SO THE CORNER IS REFERENCED, UM, TO THE, UH, THE COUNTY RIDGE SUBDIVISION PLAT RECORDED IN VOLUME THREE, PAGE 2 74 IN BOTH OF OUR LEGAL DESCRIPTIONS AND THE LEGAL DESCRIPTION THAT IS REPRESENTED TO YOU IN THE ANNEXATION, UH, PETITION HERE TODAY, UM, IS SUCH, I DON'T THINK THERE'S ANY DISPUTE OVER THE PROPERTY BOUNDARY, UM, BEING WHERE MRS WOULD BELIEVE IT BELIEVES IT IS AND WHERE, YOU KNOW, WE BELIEVE IT IS.
UM, AND THAT'S, THERE'S NO MESH MISREPRESENTATION INSIDE OF THE ANNEXATION PETITION.
UH, BEFORE WE MOVE TO QUESTIONS OR COMMENTS, THERE'S A PUBLIC HEARING.
SO IF THERE ARE NO OBJECTIONS I'M GOING TO OPEN THE PUBLIC HEARING.
IS THERE ANYONE WHO WISHES TO COME FORWARD SPEAK? YES, MY NAME'S DIANE WOODS.
UM, I DO APPRECIATE THE CLARIFICATION.
UM, AS YOU COULD UNDERSTAND, UM, UM, HAVING A COUPLE OF SLEEPLESS NIGHTS WITH A LARGE URN STAKED OR DRIVEN INTO THE LAND, UM, IT WAS NOT MOVED.
UH, I REMOVED IT BECAUSE, UM, THE, UH, UH, I HIRED A PROFESSIONAL ENGINEER A FEW, A COUPLE OF MONTHS AGO, UH, WHO HAS DONE, UH, FLOODPLAIN WORK IN THIS AREA, MY, UM, UH, ADDED CONCERN AS FAR
[02:55:01]
AS, UM, PROPERTY BOUNDARIES RIGHT AWAY.AND, UM, AND OF COURSE THE ENCROACHMENT, UM, IS, UM, YOU KNOW, I, I AM NOT OPPOSED TO GROWTH IN HOUSES AND, AND, UM, AND DEVELOPMENT.
I AM, UH, CONCERNED ABOUT, UM, RISK.
THEY, UM, I WOULD ENCOURAGE ALL OF YOU TO, TO LOOK AT THE, UM, CENTRAL APPRAISAL DISTRICTS, UM, INTERACTIVE MAP FOR MY ADDRESS 1 25 TORY DRIVE AND OVERLAY IT WITH THE FLOOD HAZARD, UH, FEMA MAP.
AND I THINK YOU WOULD UNDERSTAND MY CONCERN, UM, WHERE WE'RE TALKING ABOUT A DIFFERENT DEVELOPER, A DIFFERENT COMPANY.
HOWEVER, THIS DEVELOPER TIES INTO THE ROAD OF, UM, OF POOR COUNTRY, UH, AND, UH, WHERE THEY'VE CHOSEN TO PUT IT.
UM, UH, MY, MY PROFESSIONAL FLOODPLAIN ENGINEER, UH, WAS STANDING AND, UM, HE, AND, UM, I'LL, I'LL TRY TO WRAP THIS UP.
UM, THEY, UH, HE, HE DID AN INDEPENDENT REVIEW OF THE DEVELOPMENT PLAN FOR B2 MANSIONS, AND AS IT TIES INTO PORTER COUNTRY AT THAT PARTICULAR SEGMENT OF THE ROADWAY, AND IT CROSSES A VERY RISKY, SIGNIFICANT PORTION OF THE FLOOD, PLAIN, THAT, UM, YOU WOULD BE ASSUMING, UH, IF YOU ANNEX THEIR PROPERTY AND THE B2 MANSION'S PROPERTY, UM, THE, UM, UM, YOU KNOW, WHAT IS THE, UM, UH, B DIMENSIONS HAS ALREADY ENCROACHED BEYOND WHERE THEIR PERMIT IS WITH THE COUNTY AND THE COUNTY CAME OUT WITHIN THE LAST FEW DAYS AND STOPPED STOP THEIR ENCROACHMENT INTO THE PORTION OF FLOOD PLAIN THAT THEY GOT INTO, UM, THE, UH, PORTER COUNTRY CONNECTS AT THE OTHER SIDE AND WHERE THEY'VE PUT THE CHOSEN TO PUT THE ROADWAY IS, IS CREATING A BARRIER AND A BACKFLOW.
UH, AND, UH, THE, UM, ENGINEER DID OFFER AN OPINION THAT IT WOULD BE A HAZARDOUS, UH, BARRIER THAT WOULD BE CREATED FOR BOTH MY PROPERTY, THE, UM, PROPERTY NEXT TO ME.
AND, UM, OF COURSE YOUR CONCERN WITH THE TRAIL SYSTEM THAT YOU'RE PUTTING IN YOU THAT'S, THAT'S, YOU'RE, YOU'RE PART OF THE CONCERN.
UM, I URGE YOU TO LOOK AT THE MAP, UM, AND, UH, TO CONSIDER, UM, DELAY, AT LEAST UNTIL YOU HAVE A CHANCE TO FIGURE OUT WHAT YOU'RE DEALING WITH HERE.
IT'S A VERY BIG, UH, IT'S VERY BIG TRACK OF LAND, UH, CONNECTED TO ANOTHER TRACK OF LAND CONNECTED TO YET ANOTHER TRACK OF LAND THAT YOU'RE DOING DEVELOPMENT ON, UM, ON THE HILLSIDE TERRORIST AREA OF, UH, OF A VERY LARGE RV PARK THAT FEEDS INTO THE COLLECTION POND THAT GOES DOWN TO THE DRY CREEK BED AND GOES INTO THE AREA WHERE THESE TWO DEVELOPERS ARE.
UM, FORTUNATELY WE'RE NOT IN 2015, IN 2015, THE WATER WAS ABOUT THIS HIGH, AND THERE WAS MILLIONS OF VOLUMES OF WATER GOING THROUGH THIS PARTICULAR AREA, UM, WHERE THE BEAUTIFUL MANSIONS IS ATTEMPTING TO CROSS THE FLOODPLAIN AT THAT PARTICULAR SECTION, VERY NEAR TO MY PROPERTY.
SO, UM, THIS GENTLEMAN HAS BEEN MORE THAN KIND, UH, TO ME AND ANSWERED MY QUESTIONS.
UM, I STILL HAVE, UH, SOME REALLY DEEP CONCERNS THAT KEEP ME UP AT NIGHT ABOUT THE LEVEL OF WATER THAT WILL BE CREATED BY THIS ROAD BARRIER.
AND I'VE ALREADY HAD ONE OPINION FROM A PROFESSIONAL ENGINEER THAT, UM, THIS CAN CREATE A, UH, A BACKFLOW PROBLEM TO ME PERSONALLY, WORSE FOR MY NEIGHBOR ACROSS THE STREET, BUT IT CAN ALSO CREATE A BACKFLOW PROBLEM FOR YOUR TRAIL SYSTEM THAT YOU'RE PUTTING IN.
SO, UM, WE'RE ALL CONCERNED ABOUT THIS, BUT THAT'S, THAT'S MY, THAT'S MY, I, I WOULD, UH, I WOULD LIKE YOU TO, UH, LOOK AT THE MAPS THAT I'M DISCUSSING FROM FEMA AND, AND MY OWN PERSONAL MAP AND THE CENTRAL APPRAISAL DISTRICT.
AND YOU'LL UNDERSTAND WHAT I'M TALKING ABOUT.
AND MRS. WOODS, BEFORE YOU GO, I HAVE A DIRECT QUESTION FOR YOU.
IF I MIGHT, UH, DID YOUR PRIVATELY HIRED A CONSULTANT? DID THEY OFFER A, AN ALTERNATIVE OR, UH, SOME RECOMMENDATION? WELL, UM, UH, EH, THEY, UH, THEY SAID THAT IT WOULD BE INSUFFICIENT TO PUT SIMPLE CULVERTS ACROSS THIS AREA THAT IT WOULD, UH, IT WOULD REQUIRE A SUBSTANTIAL BRIDGE TO GET OVER THAT AREA.
AND, UH, AS, UM, WAS, UH, OPENED BY A COUNTY OFFICIAL, I SPOKE WITH THAT IS ALSO PROFESSIONAL ENGINEER THAT THIS PARTICULAR SECTION OF THE RIDE WAY, UM, OF THE FLOOD PLAIN WOULD, UH, REQUIRE A BRIDGE AND NOT CULVERTS, UH, AND, UH, UH, AND AN ELEVATED BRIDGE BECAUSE
[03:00:01]
IT IS IT OVER THE LAST 30 YEARS, THAT PARTICULAR AREA THERE, UM, HAS, UH, THROUGH THE, THROUGH THE COUPLE OF FLOODING EVENTS WE HAD IN 2015, BUT IN OTHER, UH, AS RUNOFF INCREASE IT CREASES IT'S, UM, IT'S CREATED DEEPER VEINS THAT, UM, ARE STILL, YOU KNOW, FLESHING OUT AND GROWING.AND, AND, UH, THE PORTION THAT THE DEVELOPER BEGAN INTO, UH, WAS BEYOND THEIR PERMIT INTO THE, UH, BEGINNING OF THE FLOODPLAIN.
AND TO MY KNOWLEDGE, THE COUNTY HAS STOPPED THEM FROM GOING BEYOND WHAT WAS IN THEIR ORIGINAL PERMIT.
SO IT'S A, IT'S AN AREA THAT I FEEL THAT I HAVE NO TROUBLE WITH DEVELOPMENT IN HOMES, AND YES, IT'LL CHANGE THINGS SIGNIFICANTLY.
I DO THE DEAL BREAKER FOR ME IS THE ROAD AND THE DISTURBANCE THAT THE OTHER DEVELOPER HAS SEEMED TO CREATE, EVEN THOUGH THE MEETS AND BOUNDS.
I'M GLAD TO HEAR IS STILL THERE.
THE, UM, BESIDES THE STEAK THAT WAS PUT IN, IN MY SIDE, THEY, THEY HAVE A TEMPORARY WOODEN STAKE FARTHER INTO THEIR PROPERTY WITH THE LETTERING ON IT, PROPERTY CORNER, WHICH IS NOT THE PROPERTY CORNER THAT IS ON THE DOCUMENTS.
SO I'M NOT SURE WHAT THEY'RE THINKING ABOUT.
MY ENGINEER LOOKED AT IT AND HE SAID, I HAVE NO IDEA WHAT THEY'RE DOING.
SO, UM, I, I LEAVE IT TO YOU TO, UH, BUT THAT'S, THAT'S MY COMMENTS AND THAT'S MY CONCERNS.
AND I, I URGE YOU TO LOOK AT THE, THE FEMA MAPS IN THIS AREA, AND HE'S WANTED TO BE CLEAR, AND I APPRECIATE ALL THE BACKSTORY, BUT JUST WANT TO VERY CONCISE.
THE RECOMMENDATION WAS TO DO A BRIDGE WHERE THERE ARE COLBERT'S BEING PLANNED.
THAT WAS THE RECOMMENDATION FROM THERE.
AND THEN, JUST TO CLARIFY, WHEN YOU TALK ABOUT THE OTHER DEVELOPMENT, YOU'RE TALKING ABOUT THE OPTIONS, FEW DIMENSIONS.
UM, THE, UH, THE S THE S THERE'S A SIDE OF THE FLOOD PLAIN THAT COMES THROUGH PORTER COUNTRY ON THE EAST SIDE OF MY PROPERTY.
UM, THERE'S A SECTION OF FLOOD OF, OF A FLOOD PLAIN THAT IS TO THE WEST OF MY PROPERTY ON THE OTHER SIDE OF MY NEIGHBORS.
AND THEY COME TOGETHER, UM, JUST BEYOND MY, MY, MY PROPERTY WITH GOING IN THAT DIRECTION.
AND IT'S, IT'S COLLECTING FROM ALL THE WAY FROM STONEBRIDGE SOME SUBDIVISION ON THE OTHER SIDE, IN THE BUDA TERRITORY, UM, UNDER HILLSIDE TERRACE THROUGH THE RV PARK, THROUGH THE RETENTION POND DOWN THE CREEK ON THAT SIDE.
AND THEN ON THE EAST SIDE, IT WILL BE COMING ALONG THE, THE, AT THIS CURRENT TIME IT'S ALONG THE FENCE LINE ON THE EAST SIDE.
I, I UNDERSTAND FROM THE PLANS THAT THERE'S SOME OTHER RETENTION, PONDS BEING PLANNED, UH, TO COLLECT ON THAT SIDE.
AND THAT SIDE IS NOT QUITE AS, AS BAD, BUT COLLECTIVELY THEY ALL COME TOGETHER IN THE BUDA MANSION'S, UH, PROPERTY PLUS A LITTLE BIT INTO THIS PROPERTY ON PORTER COUNTRY, BUT NOT SO MUCH.
HOWEVER, UH, THE, THE PLACING OF THE ROADWAY THROUGH THE, TO THE DEVELOPMENTS WILL CREATE A BARRIER, UH, AND A POS POSSIBLE BLACK BACKFLOW.
UM, UH, THE, IN THE PROFESSIONAL ENGINEER'S OPINION, CULVERTS WERE NOT ENOUGH TO CONTROL WHAT HE HAS.
HE HAS DONE FLOOD WORK IN OUR AREA.
HE DID SOME FLOOD WORK ON THE RETENTION POND UP CLOSE TO HILLSIDE TERRORISTS.
AND, UH, UH, HE WAS REALLY FAMILIAR WITH THAT AREA.
AND HE WAS, HE JUST SAID THAT, YOU KNOW, I'M NOT SURE WHAT THEY'RE DOING, BUT THAT THAT'S NOT GOING TO WORK WITHOUT, WITHOUT A BRIDGE.
UM, IF I MAY ASK YOU A QUESTION, HAVE YOU SEEN A COPY OF THE SURVEY, UM, WHICH ONE, THE ONE THAT YOU HAD IN QUESTION THAT YOU WEREN'T, SIR, IF WE ANNEXED IN, IF IT WOULD, THAT'S WHAT I WAS GOING ON WAS BY THE STAKING THAT THEY WERE DOING ON THE GROUND.
AND, UH, WELL, FROM WHAT THE, UM, THE, MY ENGINEER, WHEN HE DID THE SITE VISIT WAS, UH, IT, IT APPEARED THAT THEY WERE STAKING FOR THE ROADWAY AND FOR THE RIGHT OF WAY INTO MY PROPERTY, THAT'S WHAT HIS, YOU KNOW, HIS THOUGHTS WERE.
IT'S LIKE, I DON'T REALLY KNOW WHAT THEY'RE DOING, BUT THAT, YOU KNOW, TO DRIVE AN IRON STEAK BELOW THE GROUND, THAT THAT WAS WASN'T AT, I'M NOT SURE WHY YOU HAVE TO DRIVE IT ALL THE WAY INTO TO GET A MARKER.
I MEAN, TO GET IT, GET A GRADING LOCATION, BUT AGAIN, YOU DON'T DO IT ON OTHER PEOPLE'S PROPERTY, BUT, UM, UH, I, UH, BUT, UM, I, I I'M, I'M RELIEVED THAT THEIR OPINION IS THAT THERE IS NOT A, A BUT, BUT WHAT, WHAT
[03:05:01]
IS ON THE GROUND LOOKS DIFFERENT THAN THEN, UH, WOULD LEAD ME TO BELIEVE THAT THERE WAS, WAS A CHANGE IN THE, IN THE LINES.IS THERE ANY WAY THAT WE CAN CONFIRM THAT, UM, THE CITY CAN CONFIRM THE LINES TO MAKE SURE W WE'LL GET THAT CHANCE ONCE WE'RE THROUGH THE PUBLIC HEARING? SO THIS IS OUR CHANCE TO HEAR FROM YOU.
WE'LL DEFINITELY GET THAT CHANGED.
UM, AND THEN I DO HAVE A QUESTION, UM, NOT FROM YOU.
I APPRECIATE ALL YOUR INFORMATION.
THE PUBLIC HEARING IS STILL OPEN.
IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? ALL RIGHT.
SEEING NONE, THE PUBLIC HEARING IS NOW CLOSED CUSTOMER FOURSQUARE.
UM, CAUSE IF IT'S, IF MY MEMORY DOESN'T FAIL ME, YOU GUYS ARE REQUIRED TO DO AN ENVIRONMENTAL STUDY.
MA'AM WE PERFORMED A PHASE ONE ENVIRONMENTAL SITE ASSESSMENT OUT THERE.
YOU KNOW, THERE'S SOME JURISDICTIONAL WATERWAYS ON THE PROPERTY AND WE'VE DONE THE REQUIRED ASSESSMENTS, UH, RELATED TO THIS JURISDICTIONAL WATERWAYS AND IMPACTS THOSE WATERWAYS DONE TREE AND TOPO SURVEY.
ALL OF OUR DESIGN IS BEING DONE TO ATLAS 14 STANDARDS BECAUSE WE'RE BEING ANNEXED INTO THE CITY, WHICH IS ACTUALLY MORE CONSISTENT WITH THE 500 YEAR FLOOD PLAIN, RATHER THAN THE 100 YEAR FEMA FLOOD PLAIN.
UM, YOU KNOW, WE'VE HAD OUR ENGINEERS AND LAND PLANNERS ENGAGED IN THIS EFFORT AND LOOKING AT THIS CROSSING AND TRYING TO FIND THE PLACE THAT MINIMIZES IMPACT FOR 18 MONTHS.
AT LEAST AS WE LOOK AT THE PROPERTY AND LOOK AT ALIGNMENTS, YOU KNOW, THE, THE EXTENSION OF SHEFFIELD DRIVE WAS ORIGINALLY BROUGHT TO US BY THE CITY AND THE COUNTY, BECAUSE IT'S PART OF THE TRANSPORTATION MASTER PLAN.
AND THERE WAS A CALL WITH, YOU KNOW, CITY COUNTY ENGINEERS.
MANSION'S A BUDA STAFF OURSELVES TRYING TO WORK ON THE OPTIMAL ALIGNMENT FOR THIS.
I CAN SAY FROM OUR SIDE, WE'RE OPEN TO, YOU KNOW, WHERE THAT ENDS UP ULTIMATELY BEING, I KNOW THAT BUDA MANSION'S ABUSE HAS BEEN, IS A LITTLE MORE LOCKED INTO THAT ALIGNMENT BECAUSE THEY ARE FURTHER ALONG IN THEIR DEVELOPMENT.
UM, YOU KNOW, THE, THE FLOODPLAIN CONCERN, ADDITIONALLY, IS PART OF WHAT IS IN THERE AND IN OUR PLAN, UM, THAT THAT MANY OF Y'ALL HAVE SEEN IS A REGIONAL DETENTION POND THAT SERVES TO CONTROL THE RETENTION OF WATER AND THE OUTFLOW OF WATER.
SO THESE MASSIVE BACKUPS AND, YOU KNOW, 500 YEAR FLOOD SITUATIONS DOES NOT OCCUR.
YOU KNOW, ADDITIONALLY, WE'RE WORKING WITH THE COUNTY ON THEIR EXPANSION OF HILLSIDE TERRACE TO PROVIDE AN ADDITIONAL, UH, PLACE FOR A DETENTION POND RIGHT OFF THE HILLSIDE TERRACE TO THE EAST OF THEIR SUBDIVISION IS ANOTHER MEANS OF CONTROLLING, YOU KNOW, RAIN, WATER FLOW, AND FLOODING SO THAT IT DOES NOT.
SO IT LOWERS THE IMPACT ON EXISTING LANDOWNERS IN THE AREA OF THE POST DEVELOPMENT, UM, FLOWS ARE LOWER THAN, THAN WHAT THEY WOULD BE CURRENTLY.
UM, YOU KNOW, WE ARE PUTTING A LOT OF EFFORT AND ENERGY INTO THE DESIGN AND THE ENGINEERING OF THIS PRODUCT, OF THIS PROJECT, SO THAT WE DO NOT RUN INTO THESE SORTS OF ISSUES, UM, AND CAUSE MASSIVE WASHOUTS AND, YOU KNOW, DESTRUCTION OF OTHER PEOPLE'S PROPERTY OR CITIES OR COUNTIES, PROPERTY.
I'M SURE YOU GUYS, DON'T BUDA HAS AN ISSUE WITH HOUSES AND WATER, UM, AND SAID, I HAVE NO DOUBT.
YOU GUYS DON'T WANT TO HAVE ANYTHING TO DO WITH THAT, BUT IF IT BRINGS, UM, MRS. WOODS, ANY COMFORT, I KNOW THAT TEXAS SENATOR, UH, NATHAN JOHNSON IS ACTUALLY BRINGING SOMETHING TO THE LEGISLATOR REGARDING, UM, RESIDENTIAL HOMES AND BUILDINGS AND FLOODPLAINS SINCE THE WHOLE ISSUE WITH BW TO HAPPEN.
AND IT WAS JUST ONE SPECIFIC HOME BUILDER.
SO, UM, THAT, AND KNOWING THAT YOU'RE DOING AN ENVIRONMENTAL STUDY, THAT THAT COMBINATION MAKES ME FEEL A LITTLE BIT BETTER GOING FORWARD.
OTHER QUESTIONS, COMMENTS MAY PRETEND.
SO YOU ANSWERED PART OF MY QUESTION WITH THE ELLIS 14.
UH, SCOTT DID, UH, KATHY AND HER TEAM, CATHY WORKER TEAM DO THE IMPACT FOR UPSTREAM AND DOWNSTREAM AS WELL ON THIS PROJECT.
AND THEY WILL TYPICALLY LOOK AT THE, THE SITE DISRUPTION PERMIT AND MAKE SURE THAT EVERYTHING IS BEING STAKED, JUST ACCORDING TO PLANS OR THE CITY SPEC THAT'S, AS FAR AS THEY GO, THAT'S ALL IT REALLY HASN'T BEEN LOOKED AT THEN.
THAT CONCERNS ME A LITTLE BIT, UH, ESPECIALLY CAUSE FLOODING DOES DOESN'T JUST HAPPEN DOWNSTREAM.
ALSO, IT ALL HAPPENS UPSTREAM.
UM, WHEN YOU'RE BUILDING SOMETHING IT'S GOING TO HERE UPSTREAM AS WELL, A MOTHER DEAL WAS THAT I'M NOT REALLY EXCITED, KIND OF MAKES ME UPSET THAT THERE WAS SOME TRESPASSING.
UM, CAUSE I'VE HAD TO DEAL WITH THIS QUITE A FEW TIMES WHERE PEOPLE FEEL LIKE IT'S A RIDE TO JUST GO ANYWHERE THEY WANT.
I'VE HAD PEOPLE COME IN AND CUT MY LOCKS AND IT REALLY UPSETS ME WHEN PEOPLE DO THAT.
I'M GLAD THAT YOU, UH, TOOK CARE OF THAT, BUT I STILL FEEL LIKE
[03:10:01]
IT WASN'T ENOUGH DONE.UH, LIKE I SAID, UNFORTUNATELY THEY'RE NOT OUR CONTRACTOR, THEY WERE NOT ACTING ON OUR BEHALF, SO THERE'S NOT REALLY ANYTHING I COULD DO OTHER THAN TRY AND GET THEM IN LINE AFTER THE FACT.
AND LUCKILY I HAVE A RELATIONSHIP WITH THE CONTRACTOR THEMSELVES AND THE OWNER OF THAT COMPANY.
SO THAT COULD HAVE A LITTLE BIT OF, I THINK, SWAY IN THAT AND, AND, AND INFLUENCE OVER, UM, HOW THEY HANDLE THEMSELVES GOING FORWARD, UM, AS IT RELATES TO UPSTREAM AND DOWNSTREAM FLOWS.
SO THIS CROSSING IS IN A, IS PROPOSED TO BE IN A MUCH LATER PHASE OF OUR DEVELOPMENT PHASE FOR, UH, MAYBE EVEN FIVE OF OUR DEVELOPMENT.
AND SO THERE'LL BE EXTENSIVE ENGINEERING THAT IS DONE AS WE APPROACH THAT PHASE IN OUR DEVELOPMENT, WHICH, YOU KNOW, WE WERE ALWAYS PROVIDING ENGINEERS ARE REQUIRED TO PROVIDE WITH CONSTRUCTION PLANS, FLOW CALCULATIONS THAT ARE REVIEWED BY THE CITY, UM, THE REGIONAL DETENTION POND THAT WILL HOLD A LOT OF THESE, YOU KNOW, A LOT OF THESE FLOWS WILL BE DESIGNED WITH PHASE THREE.
AND SO EVEN THAT WILL COME WELL AHEAD OF, YOU KNOW, THE CONNECTION TO THE BRIDGE, CROSSING DOWN THE ROUTE DOWN THE LINE, AND THERE'LL BE PLENTY OF OPPORTUNITY FOR, YOU KNOW, ENGINEERS AND, AND I'VE ALWAYS MUCH MORE ADAPTED MAKING THAT DECISION THAN I, UM, TO, TO MAKE SURE THAT THE RIGHT DESIGN IS BEING UTILIZED HERE.
OKAY, SCOTT, UH, I'VE GOT A QUESTION FOR YOU.
WHAT IS THE PROCESS? IF WE HAVE A DISPUTED PROPERTY LINE, WHAT IS THE PROCESS OF CITY CAN TAKE, UH, TO MAKE SURE WE CAN RECTIFY THAT? YOU KNOW, THAT'S, THAT'S A GOOD QUESTION.
I'M NOT SURE THE CITY HAS BEEN PART OF THAT.
UH, IT'S TYPICALLY A CIVIL MATTER.
AND SO WE'VE, WE'VE DEFINITELY MADE SURE THAT THAT WAS A CIVIL MATTER AND, YOU KNOW, STAYED OUT OF THAT.
THE CITY DOESN'T NOT GO OUT AND AUDIT SURVEY STAKES OR PINS.
UH, WE, WE RELY ON THE STAMPED PLANS THAT WE RECEIVE.
UM, HAS THE APP, AS THE NEIGHBOR HAD ADEQUATE TIME TO A RECTAL TO, UH, CHECK ON THAT MS. WOODS, HAVE YOU HAD ADEQUATE TIME TO, UH, DISPUTE THE SURGERY? UH, I AM NOT.
I, UM, I HAVE NOT, UM, I, I HAVE NOT BEEN CONTACTED BY THE CONTRACTORS THAT PLACE.
UH, THE, UM, I HAVE BEEN JUST INVESTIGATING WHERE I WAS AT ALREADY AND, YOU KNOW, JUST, YOU KNOW, FINALLY GOTTEN SOMEWHAT OF AN ANSWER THAT, THAT, UH, IT WASN'T BY ANYONE'S AUTHORITY BECAUSE MY, MY QUESTION, I HAD MADE A LOT OF VISITS, DIFFERENT PLACES TO FIND OUT WHO CAN POSSIBLY APPLAUD THE APPRAISAL DISTRICT COUNTY ROADS DEPARTMENT.
UM, SO, SO I, I, I, UH, WOULD LIKE AN ANSWER FROM THE CONTRACTORS THEMSELF AND THE, THE, UH, PROPERTY OWNER AT BUDER MANSIONS BECAUSE THEY ARE USING HEAVY, UH, NOT, NOT BACKHOES, BUT THE EARTH MOVING EQUIPMENT.
UM, THEY'RE, THEY'RE PLOWING AHEAD WITH THE ROAD.
AND AS I SAID, THE COUNTY, UM, SUSPENDED, UH, THE ACTIVITY IN THAT PARTICULAR AREA, BUT, UM, THEY STILL HAVE IT MARKED OUT, OUT, UH, ON, AT THE FENCE LINE OF, UH, UH, OF THE, THE ADJOINING DEVELOPER HERE TODAY.
THEY HAVE THE ROAD MARKED OUT IN THAT PLACE.
I, I ACCEPT THAT THIS IS PERHAPS A DEVELOPMENT IN THEIR FACE FOR, BUT THEIR NEIGHBOR WHO'S TYING IN WITH THEM IS ACTIVELY CREATING THE ROAD NOW.
SO I, YOUR QUESTION ABOUT ENOUGH TIME, I DON'T THINK I'VE HAD IT AT THE TIME.
UH, MAYOR I'D LIKE TO MAKE A MOTION TO POSTPONE THE ITEMS 30 AND 31 TILL OUR NEXT COUNCIL MEETING TO GIVE, UH, ALL THE PARTIES INVOLVED, UH, ADEQUATE TIME TO IDENTIFY THE, UH, LINES PROPERTY LINES.
SECOND MOTION BY MAYOR PRO TEM RIZZO SECONDED BY CUSTOMER TOBY IS THAT WE HAVE, UH, POSTPONE AGENDA ITEMS, 30 AND 31.
WE HAVE, UH, THERE'S PUBLIC HERE, SEVERAL ASPECTS ASSOCIATED.
THESE ARE ALSO, UM, IS THERE FURTHER DISCUSSION? UH, THERE, THERE IS.
UM, THIS IS, UH, THESE ARE FIRST READING ORDINANCES THAT HAVE BEEN POSTED AND NOTICED, OH, IS IT, IS IT, IS IT APPROPRIATE TO COMPLETELY STALLED THE PROCESS OUT FROM A PR FROM A PROCEDURAL STANDPOINT, YOU AT LEAST NEED TO HOLD THE PUBLIC HEARINGS
[03:15:01]
AND THEN YOU CAN DELAY FIRST READING WITHOUT, UM, I'LL HAVE TO REOPEN THE ITEM THIRTIES PUBLIC HEARING, CAUSE WE'VE CLOSED IT.YOU DON'T HAVE TO LEAVE IT OPEN.
YEAH, YOU CAN CLOSE HOLD UP, PUBLIC HEARING, CLOSE IT.
AND THEN DELAY FIRST READING UNTIL THE NEXT CITY COUNCIL MEETING.
WELL, WE HAVE A, WE HAVE A MOTION AND A SECOND.
UH, SO WE NEED TO DEAL WITH THAT FACT THAT WE NEED TO, AT A MINIMUM, WE NEED TO HAVE THE PUBLIC HEARING FOR ITEM 31.
SO I CAN DO THAT NOW, BEFORE WE ACTUALLY CALL FOR THE VOTE WHILE CAN I HAVE A PUBLIC HEARING WHILE THERE'S A MOTION ON THE FLOOR, I WOULD ASK FOR A, UH, I'D ASK FOR AN AMENDMENT TO ONLY ADDRESS THE POSTPONEMENT OF ITEM 30 AT THIS TIME, THEN HOLD THE PUBLIC HEARING AND THEN TAKE ACTION ON THE POSTPONEMENT AT 31.
UM, SO THE, THE MOTION RESTATED IS TO POSTPONE AGENDA ITEM NUMBER 30 UNTIL THE NEXT MEETING, OR YOU JUST SAID UNTIL, I MEAN, UNTIL THE, UNTIL THE NEXT, UH, COUNCIL MEETING, IS THERE DISCUSSION ON THAT MOTION CUSTOMER FOR SCALE? THANK YOU.
I WOULD LIKE CLARIFICATION ON WHAT NEEDS TO BE BROUGHT IN AND CLARIFIED FOR THE NEXT MEETING, BECAUSE IF IT'S MY UNDERSTANDING THAT IT WAS NOT YOU GUYS, IT WAS THE OTHER PEOPLE THAT PINNED IT.
SO MY ONLY CONCERN WOULD BE THE SURVEY IF THE SURVEY IS CORRECT.
SO WHAT IS IT, I GUESS, COUNCIL MEMBERS, OR WHAT IS IT THAT YOU'RE LOOKING FOR? SO WHAT THE NEIGHBORS SAYING IS THAT THE SURVEY PINS ARE IN HER PROPERTY.
UH, I'D LIKE FOR, UH, THE, ALL THE KNEES COME TOGETHER, UH, LOOK AT THE SURVEY LINES TOGETHER.
SO IF Y'ALL COULD GET WITH MS. WOODS AND CLARIFY THAT WITH HER, THAT WOULD BE GREAT.
SHE'LL GO OUT THERE ON THE PROPERTY AND SHOW HER WHERE THE PINS ARE AND WHAT PINS ARE, WHAT THAT'S KIND OF WHERE I'M AT.
CAUSE RIGHT NOW SHE'S IN LIMBO.
SHE SEES ALL THESE PINS IN ON HER PROPERTY.
AND I'VE GONE THROUGH THIS PROCESS BEFORE I'VE BEEN, UH, MY AREA OF, OF WORK AS WELL, WHERE I'M FIGHTING DISPUTING PROPERTY LINES.
AND, UH, IT'S, IT'S, IT'S SOMETIMES IT'S ALL THE PARTIES GOING OUT THERE AND WALKING THE PROPERTY AND IDENTIFYING THOSE POINTS IS PROBABLY WHAT I'M ASKING.
UM, SO I WILL SAY THAT WE, UM, THE, THE NEIGHBORING DEVELOPER MENTIONED A BUDA IS OPEN TO A CONVERSATION.
YOU KNOW, WE, YOU PROPOSE THAT IT SOUNDS LIKE MRS. WOODS MAY BE WILLING TO HAVE THAT CONVERSATION WITH HIM NOW.
UM, SO THAT'S SOMETHING WE CAN DEFINITELY FACILITATE.
WE DO HAVE, YOU KNOW, CONFIRMED IN OUR LEGAL DESCRIPTION IS THE, OUR SHARED BOUNDARY IS BASED OFF OF THE SOUTH EASTERN CORNER OF THE SUBDIVISION THAT'S RECORDED IN THE PLAT, WHICH MEANS THAT THE SOUTH EASTERN CORNER OF MRS WOOD'S PROPERTY, THAT IS IN QUESTION RIGHT NOW, WE ARE IN HER PROPERTY AND THE BOUNDARIES OF HER PROPERTY ARE SETTING THE BOUNDARIES OF OUR PROPERTY.
AND SO WE'RE, THERE IS NO BOUNDARY DISPUTE BETWEEN MYSELF OR OUR, YOU KNOW, OUR DEVELOPMENT AND MRS. WOODS, UH, PROPERTY DIMENSIONS, A BUDDHIST PROPERTY DESCRIPTION SET USES THE SAME SOUTHEASTERLY CORNER OF LOT 12 OF HER SUBDIVISION IS REPORTED IN HAYES COUNTY REGRETS, PLAT RECORDS.
SO I DO NOT BELIEVE THAT THEY HAVE ANY DISPUTE AS TO WHAT THE PROPERTY LINE IS OR WHAT THE PROPERTY CORNER IS.
THERE IS THE ISSUE OF THEIR CONTRACTOR NOT ASKING FOR PERMISSION BEFORE THEY A CONTROL POINT.
AND THAT HAS SINCE BEEN MOVED.
THERE IS NO, FROM MY UNDERSTANDING AND MY CONVERSATIONS WITH THE OTHER DEVELOPER AND REVIEWING A LEGAL DOCUMENT, LEGAL DESCRIPTIONS, THERE IS NO DISPUTE OVER PROPERTY BOUNDARIES.
IS THE DESCRIPTION THE SAME AS A PREVIOUS? BECAUSE I LIKE THE WAY, UM, DEEDS WORK.
USUALLY THEY JUST TAKE THE OLD ONE AND THEY JUST REPHRASE IT TO NEW PEOPLE AND NEW GRANT, OUR GRANTEE, MY, I JUST WANT TO, I'M TRYING TO BE PRECISE HERE BECAUSE I DON'T THINK THE PROBLEM IS A PIN BECAUSE THAT'S LITERALLY A PHYSICAL THING THAT DOESN'T NECESSARILY MEAN ANYTHING.
IF THE SURVEY SAYS SOMETHING DIFFERENT.
SO IF THE SURVEY, AND IF THE INFORMATION IN THE DESCRIPTION ON THE DEED IS FINE, IT DOESN'T MATTER WHERE THAT PIN IS.
IT JUST MEANS SOMEBODY WENT OVER HER LINE AND PUT THAT PIN THERE AND IT WAS NOT APPROPRIATE.
HOWEVER, IF THE SURVEY READS, CORRECT, WHICH IS THERE ANY WAY TO TELL THAT, BUT YEAH, THAT'S WHAT I'M SAYING NOW, IS THAT IN THE LEGAL DESCRIPTION THAT'S ATTACHED, LISTEN, WHARTON BOUNDS IT'S RECORDED.
AND THAT'S WHAT I'M LOOKING AT IS THE LEGAL DESCRIPTION
[03:20:01]
THAT BOTH WE'VE USED AND THEY'VE USED IN RECENT AGREEMENTS, UM, AND RECORDED DOCUMENTS AND IT SETS, AGAIN, IT SETS THE CORNER.YOU KNOW, EVERY TIME THEY MOVED TO A CORNER CURVE, THEY HAVE TO IDENTIFY THAT WITH A LENGTH AND A DIRECTION.
AND THEN THEY MOVED TO THE NEXT POINT.
AND THAT POINT THAT IS COMMON IN BOTH OF OUR LEGAL DESCRIPTIONS IS THE SOUTHEASTERN CORNER OF MRS. WOODS IS PROPERTY.
AND SO WHEN HER SUBDIVISION WAS CREATED AND THE LEGAL DESCRIPTION IS PUT IN PLACE IN THE PLATTERS RECORDED HER, HER PROPERTY, HER LOT BECAME BASICALLY THE CENTER POINT OR BECAME LIKE THE, THE ACCEPTED NORM FOR PROPERTY LINES.
AND SO IT SETS THE STANDARD FOR WHERE OTHER PROPERTY LINES ARE DETERMINED FROM WHEN THEY USED TO BE, YOU KNOW, WHEN THEY'RE NOT, THERE'S NOT AS MUCH SPECIFICITY AROUND WHERE THAT IS.
AND SO BY VIRTUE OF OUR LEGAL DESCRIPTION, WE ARE ESSENTIALLY CONCEDING TO, AND THEY'RE CONCEDING TO HER PROPERTY CORNER BEING THE DETERMINING POINT OF WHERE THE PROPERTY BOUNDARY IS.
IF THAT HELPS CLEAR IT UP SERVICE, YOU DON'T MIND.
I WANT YOU TO WRITE, BECAUSE I THINK WHAT IT IS IS THE WHOLE, THE WHOLE CONCEPT OF THIS, THE WHOLE DEAL IS WE DON'T WANT 10 YEARS FROM NOW, WHENEVER SOMEBODY IS SAYING THAT, HEY, YOUR PROPERTY LINES WITH MINE AND WHO'S IN CHARGE OF THIS, RIGHT.
ACQUIRE A CERTAIN AMOUNT OF CURB OR A CERTAIN AMOUNT OF SQUARE.
THAT'S WHERE WE LEAD INTO PROBLEMS. LIKE WE HAD IN PRAIRIE ON THE CREEK WHERE YOU HAD A LOT THAT WAS JUST SO AWKWARDLY DESIGNED.
AND THEN THERE WAS NO WAY TO WHERE YOU COULD PUT SEPTIC OR ANYTHING ELSE.
AND I GUESS WHAT WE'RE TRYING TO DO IS WE'RE TRYING TO MAKE SURE THAT ALL OF THE PUZZLE PIECES CONNECT IN A SENSE, IS THAT WHAT WE'RE JUST GETTING AT TO WHERE EVERYBODY'S PROPERTY LINE IS ALIGNED EXACTLY CORRECTLY TO WHERE THERE'S NOTHING, THERE'S NO OVERAGES.
AND THEN ON MAYOR PRO TENNIS, WHO WOULD YOU SUGGEST DO THE SURVEY TO WHERE THEY CAN GET US BACK TO THE FINAL DRAFT, WHICH YEAH.
AND WE, WE, WE CAN'T DO THE SURVEY BECAUSE THAT'S WHAT WE DO AS A CITY.
BUT YEAH, I THINK FOR ME, IT WAS THE CONTRACTORS, UH, THE OWNERS GETTING TOGETHER AND, UH, IDENTIFYING THOSE POINTS IS REALLY WHAT I WAS AFTER TO MAKE SURE THERE WAS NO, UH, WHAT DO YOU CALL IT? THAT, THAT EVERYBODY WAS IN AGREEMENT THAT THESE WERE THE CORNERS, BUT IF THEY'RE THE LEGAL CORNERS, YOU'RE SAYING THEY'RE ILLEGAL, THEY'RE ALREADY BEEN RECORDED.
SO EVERYTHING HAS BEEN IDENTIFIED.
UH, THE STAKES HAVE BEEN TAKEN OFF HER PROPERTY AND WE'RE NOT DOING ANY WORK WHATSOEVER ACROSS THAT PROPERTY LINE.
AND THAT'S, I GUESS THAT'S REALLY WHERE I'M COMING FROM IS THAT I WANT TO MAKE SURE WE'RE NOT CROSSING INTO SOMEBODY'S PROPERTY WITH EQUIPMENT OR ANYTHING ELSE.
UH, CAUSE I, I JUST, I'M JUST NOT GONNA STAND FOR IT.
I MEAN, I'M KINDA UPSET THAT SOMEBODY TRANSPORT PASSED INTO OUR PROPERTY AND YOU KNOW, YOUR HOME IS YOUR CASTLE.
I CALLED THE CONTRACTOR LIKE SEVEN, SEVEN OR 8:00 PM, AS SOON AS I FOUND OUT AND JUMPED OFF.
IF EVERYTHING'S BEEN IDENTIFIED THEN, UH, I'LL RETRACT MY, UH, ORIGINAL, UH, MOTION.
YOU WANT TO MAKE A NEW ONE? I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM.
A MOTION BY CASPER FLOORS, KALE SECOND.
AND BY COUNCIL MEMBER PARSLEY THAT WE APPROVE.
IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
[31. ( First Reading ) An ordinance of the City of Kyle, Texas annexing 82.951 acres ofland, more or less, located on FM 2001, approximately 500' north of Windy HillRoad, in Hays County, Texas including the abutting streets, roadways, and rights-of-way into the corporate limits of the City. (Hillside Terrace/Porter Country -ANNX-21-0016) ~ Will Atkinson, Senior Planner]
AGENDA ITEM 31.FIRST READING AN ORDINANCE OF THE CITY OF KYLE TEXAS ANIK SEEING 82.951 ACRES OF LAND, MORE OR LESS LOCATED FM 2001, UH, APPROXIMATELY 500 FEET NORTH OF WINDY HILL ROAD, UH, DECIDE ON HAS A PUBLIC HEARING AS WELL.
MR. ATKINSON, NOT THINK YOU'VE ALREADY PRESENTED ON IT.
IS THERE ANYTHING YOU'D LIKE TO ADD? NOPE.
THIS IS JUST THE, UH, THE ADDITIONAL PORTION OF IT.
UM, THE NEXT PORTION EAST OF THE PETITION ANNEX 15, THAT WAS THE PROCEEDED THIS SO ALRIGHT.
IF THERE ARE NO OBJECTIONS TO THEM AS A PUBLIC HEARING, SO I'M GOING TO OPEN UP THAT PUBLIC HEARING.
IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? JUST MY LAST DIANA WOODS, SAME ADDRESS 1 25 TOWARD DRIVE.
UH, THE PRO THE PROPERTY, UH, IS CONTIGUOUS TO THE, UM, LAND THAT YOU JUST APPROVED.
MY, UM, CONTINUING QUESTION, EVEN THOUGH WE'VE RESOLVED THE, UM, THE, UM, UM, PROPERTY MEETS AND BOUNDS AND WE'RE HOPEFULLY AGREEABLE THERE.
[03:25:01]
ON THE GROUND SHOW, THE, THE, UH, THE ROAD CREATING A RIGHT AWAY, UH, FROM THE ROAD INTO MY PROPERTY SINCE THE ROAD IS, IS SO CLOSE TO THE FENCE.UM, SO MY OBVIOUS THOUGHT WAS THAT, UH, THE ANNEXATION OF THESE TWO PROPERTIES WOULD CREATE KYLE RIGHT AWAY INTO MY LAND BECAUSE OF THE ROAD.
SO IT IS, THEY, IT, IT IS GIVING THE DEVELOPER 60 THEATER RIGHT AWAY, UM, AND, UH, ALONG THAT CONTIGUOUS SECTION.
SO THAT'S MY ONLY OTHER CONCERN.
UM, IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? SEEING NONE I'M GOING TO CLOSE THE PUBLIC HEARING IS NOW CLOSED.
UH, IS THERE ANYONE WHO WISHES TO, UH, UH, HAVE ANY QUESTIONS OR MAKE COMMENTS COUNCILOR FULL-SCALE THANK YOU.
I GUESS MY QUESTION WOULD BE WHAT DOES THIS 60 FEET FOR THE RIGHT OF WAY FOR, SO THE 60 FOOT OR RIGHT AWAY, AND THAT IS NOT INTO HER PROPERTY IS FOR THE EXTENSION OF SUFFIELD DRIVE, WHICH IS PART OF THE CITY'S TRANSPORTATION MASTER PLAN.
UM, YOU KNOW, I DO NOT KNOW EXACTLY WHAT THE STATUS OF MANSION'S ABUSE PLAT IS.
AND SO PART OF THIS DISCUSSION THAT HAPPENED WITH THE CITY AND THE COUNTY IS THAT MENTIONS A BUDA HAS HAD TO PLAT THEIR PROPERTY TO CREATE THAT ROADWAY THAT BASICALLY SPLITS THEIR PROPERTY IN HALF.
UM, IN ORDER FOR THEM TO GET THE PLAT APPROVED, IF THEY WERE GOING TO BE ENCROACHING ON SOME OTHER LANDOWNERS PROPERTY, THEY WOULD HAVE TO HAVE A CONSENT FROM THAT LAND OWNER TO BE ABLE TO GET THEIR PLAT APPROVED, BECAUSE THAT IS NOT, YOU KNOW, THAT HAS NOT HAPPENED.
I WOULD ASSUME THAT, AND I CAN CONFIRM FROM OUR DESIGN THAT THERE IS NO RIGHT AWAY PROPOSED INTO HER PROPERTY.
AND SO AGAIN, I HAVE NOT GONE ONTO HER PROPERTY OR ONTO MANSIONS, A BEAUTIFUL PROPERTY OUT OF RESPECT FOR THEM AS INDIVIDUAL PROPERTY OWNERS.
BUT I KNOW FROM BEING ON OUR PROPERTY AND LOOKING THROUGH MULTIPLE DIFFERENT DESIGNS, THAT THE RIGHT OF WAY THAT IS BEING CARRIED THROUGH THERE NEAR THE PROPERTY LINE IS WITHIN THE BOUNDARIES OF MANSIONS THE BUDDHIST PROPERTY AND WITHIN THE BOUNDARIES OF OUR PROPERTY.
AND YOU'RE SAYING THAT'S FOR THE CITY OF KYLE'S MASTER TRANSPORTATION PLAN.
THE, THE ROADWAY IS SUFFIELD DRIVE.
EXTENSION IS, IS PART OF THE CITY OF KYLE'S TRANSPORTATION MASTER PLAN.
I DO NOT KNOW IF THAT ROADWAY IS BEING DEDICATED TO THE CITY OR TO THE COUNTY.
I, I WOULD BELIEVE THAT IT WOULD BE A COUNTY DEDICATION AT THIS POINT BECAUSE IT IS A COUNTY SUBDIVISION, NOT FOR US, BUT FOR MANSIONS, A BEAUTY, WHICH IS IN, SO SOPHIA DRIVE JUST FOR THE TRANSPORTATION MASTER PLAN RUNS, I BELIEVE FROM DACEY EAST TO 2001 ON OUR PLAN.
NOW, BASEY WEST IS ACTUALLY IN BUDA AND ON THEIR TRANSPORTATION MASTER PLAN, THEY CONTINUE SUFFIELD DRIVE TO THE FURNITURE ROAD.
SO WE WERE JUST CONTINUING THAT ALL THE WAY TO 2001.
SO AS TO WHO WILL TAKE CONTROL OF 2001 THROUGH MANSIONS OF VIEWED AS PROPERTY, THAT DEDICATION I BELIEVE WILL BE TO THE COUNTY BECAUSE IT IS A COUNTY SUBDIVISION.
SO REGARDLESS OF WHO BUILDS THERE, THAT'S GOING TO BE A RIGHT AWAY FOR EITHER THE COUNTY OR THE CITY, CORRECT.
IT IS NOT AN, AND IT IS NOT ON, I WANT TO REITERATE IT IS NOT PROPOSED TO BE ON HER PROPERTY.
IT IS PROPOSED TO BE WITHIN THE PROPERTY BROWN BOUNDARY OF MANSIONS OF BUDA AND THE PORTER COUNTRY DEVELOPMENT.
BUT I'VE NOTICED THAT SHE LIVES IN A CUL-DE-SAC.
SO I GUESS THE QUESTION WOULD BE FOR CITI, IF SH IF THAT ROAD GOES THROUGH THERE, WHERE THAT CUT THROUGH HER CUL-DE-SAC WILL THAT MAKE IT NOT A CUL-DE-SAC OR WILL IT, SO I HAVE NOT SEEN THE PLANS WITHIN THE SUBDIVISION SUFFIELD DRIVE IS AN EAST-WEST ROADWAY, BUT I DON'T KNOW ALL UP TO, WELL, MAYBE, YOU KNOW, THAT, YOU KNOW, IS THERE A CONNECTION UP INTO THE SUBDIVISION? NOT ON OUR TMP, NO, WAIT, A SOCIAL DRIVE AS MR. SELLER SUSTAINED AND ALSO, UH, DANIEL, UH, IT'S AN EAST WEST CORRIDOR.
UM, W IF YOU LOOK AT A MAP WHERE CENTRAL DRIVE DEAD ENDS TEASED INTO DC LANE, ACTUALLY SOUTH OF THE NORTH BOUNDARY, THAT MAKES THE NORTH BOUNDARY OF THE MASONS OF BUDA, WHICH IS ALSO THE SAME BOUNDARY AS 1 25 TORY DRIVE.
SO THE, THE, THE ROAD RUNS PARALLEL AND EAST AND
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WEST, BUT IT WILL NOT CONNECT TO THAT SUBDIVISION THAT HAS TORY DRIVE IN IT.SO YES, MA'AM WE HAVE PRO-TIP.
SO JUST REAL QUICK, UH, I GUESS, FROM A SELLER.
SO, UH, WE'RE BEING TOLD THAT THE ROADWAY DOES NOT GO ONTO MRS. WOOD'S PROPERTY.
UM, BUT BEING ON THE CITY'S MASTER TRANSPORTATION PLAN, CAN WE, UH, CONFIRM THAT I'LL PULL THAT OUT? IN FACT, WE HAVE AN ITEM A LITTLE LATER, BUT I'LL, I'LL PULL IT UP AND WE CAN SHOW IT HERE IN A SECOND.
I'M CONFUSED AS TO WHAT WE'RE DOING NOW, SO WE'RE WAITING ON YOU TO PULL SOMETHING UP.
SO, SINCE THIS IS THE CITY'S MASTER TRANSPORTATION PLAN, AND IT DOESN'T HAVE ANYTHING TO DO WITH THE ANNEXATION, CAN WE, CAN I MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 31, PLEASE.
SECOND, A MOTION MADE BY COUNCILMAN
IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
SO IS THAT JUST SOMETHING YOU'RE GOING TO SEND US LATER? IS THAT WHAT, OR I CAN PROTECT IT NOW.
WE'RE GOING TO JUST KEEP MOVING.
UH, 32 FIRST RE UH, SO JUST REAL QUICK BEFORE, MOVE ON.
THE REASON I WANTED THIS TO MAKE SURE THAT IF WE ARE DOING SOMETHING AS A CITY, WE GIVE MS. WOODS A HARD A HEADS UP.
THAT'S KIND OF WHAT I'M DOING IN CASE WE'RE MOVING FORWARD WITH SOMETHING ON HER PROPERTY.
UM, IT'S NOT BEING BROADCAST, BUT I WAS JUST GOING TO SHOW YOU VERY QUICKLY JUST BECAUSE I HAVE THIS.
SO HILLSIDE TERRORISTS, UH, BEING THE NORTH SIDE OF THE DEVELOPMENT IS NR.
SO YOU CAN SEE THAT ROADWAY EAST TO WEST ALL THE WAY TO 2001, UH, GOING THROUGH THE DEVELOPMENT, NOT HAVING ANY CONNECTIONS THROUGH THIS NEIGHBORHOOD.
SO THAT'S, I DON'T KNOW IF YOU CAN SEE THE MOUSE.
SO THIS, THIS IS THE TRANSPORTATION MASTER PLAN.
WELL, NOW WE'RE, WE'VE GOTTA BE CAREFUL HOW WE, HOW WE PROCEED HERE.
SO WE'VE TAKEN A VOTE, THERE'LL BE OPPORTUNITY FOR DISCUSSION.
ALL THESE ITEMS ARE GOING TO COME BACK FOR A SECOND READING.
SO WE'RE NOT, WE'RE NOT FINALLY PASSING ANY OF THEM.
[32. ( First Reading ) An ordinance amending Chapter 53 (Zoning) of the City of Kyle,Texas for the purpose of assigning original zoning to approximately 1.503 acres ofland from Agriculture 'A' to Central Business District-1 'CBD-1' for propertylocated at 1400 W. Center Street, in Hays County, Texas. (Richard and RitaCuellar Sr. - Z-22-0096) ~ Will Atkinson, Senior Planner]
RIGHT, NEXT UP, AGENDA ITEM 32.FIRST READING AN ORDINANCE MEETING CHAPTER 53 ZONING OF THE CITY OF CONTEXT IS FOR THE PURPOSE OF ASSIGNING ORIGINAL ZONING TO APPROXIMATELY 1.503 ACRES LAND FROM AGRICULTURE TO CBD ONE FOR PROPERTY LOCATED AT 1400 WEST CENTER STREET.
UH, THIS ITEM HAS A PUBLIC HEARING.
WELL, I CAN SEND THIS TO YOUR PLANNING FOR THE RECORD OF THIS PETITION NUMBER Z DASH 22 DASH 2 0 9 6, UH, RICHARD ARENA, UH, THEY'RE REQUESTING TO REZONE THEIR PROPERTY, WHICH IS A LITTLE OVER AN ACRE AND A HALF FROM AG TO CBD ONE, WHICH IS CENTRAL BUSINESS DISTRICT.
ONE IS WHAT ARE OUR MOST RESTRICTIVE COMMERCIAL ZONING DISTRICTS THAT WE HAVE, UH, RIGHT HERE, YOU SEE ON THE SCREEN, THE LOCATION OF IT, OR KIND OF BLOW IT UP THERE.
UM, IT'S A, IT HAS TWO FRINGES AS A LITTLE BIT ON RANGER DRIVE AND A LITTLE BIT ON WEST CENTER STREET, UM, WITH A CITY PROPERTY SANDWICHING IT, UH, IT'S RIGHT THERE ACROSS FROM WALLACE MIDDLE SCHOOL AND, UH, RIGHT ACROSS THE STREET FROM THE TUTORIAL SUBDIVISION, UM, FROM A ZONING PERSPECTIVE, YOU CAN SEE EVERYTHING AROUND IT.
UH, GREG CLARK PARK IS PRIMARILY AG WITH A LITTLE BIT COMMUNITY COMMERCIAL ON THE HARD CORNER AND A WALLACE MIDDLE SCHOOL TO THE, UH, TO THE WEST BEING OUR ONE.
THE ZONING DISTRICT IS A, IS A DISTRICT THAT PRIMARILY FOCUSES ON FARMING RANCHING LANE.
UM, PASTURAGE AND WHAT HAVE YOU, YOU CAN'T HAVE ONE SINGLE FAMILY HOUSE AND ASSOCIATED FARM STRUCTURES ON IT, OR YOU CAN ALSO HAVE A PUBLIC PARKS AS WELL.
UH, AND THE REQUEST THAT THEY'RE CHANGING IT TO IS, UM, HAS A ALLOWANCE OF A MIX OF, UH, OFFICE RESTRICTED COMMERCIAL.
UM, RESIDENTIAL USES EXCLUDING MULTI-FAMILY WITH THE INTENT THAT IT GENERATES A RELATIVELY LOW VOLUME AMOUNT OF TRAFFIC, UM, UM, IN THE SUBARU ONE ZONING DISTRICT.
UM, BUT ALSO ALLOWS THEM TO HAVE A LITTLE BIT MORE FLEXIBILITY WITH WHAT THEY CAN POTENTIALLY DO WITH THEIR PROPERTY IF THEY DECIDED THEY WANTED TO, TO DEVELOP IT AS WELL.
UH, IF YOU LOOK AT, IN SECTION 53 DASH 1230, UM, THE USES IN THERE IN THE CBD ONE ZONING DISTRICT ARE COMMENSURATE WITH USES THAT
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ARE, UM, PRETTY BENIGN, UM, JUST STANDARD, UM, COMMERCIAL PRACTICES, OFFICE USES LOW SMALL SCALE, UM, RESTAURANTS.AND WHAT HAVE YOU, UM, AS APPROPRIATE FOR AREAS NEAR SCHOOLS AND AREAS THAT ARE NOT IN THE PRIMARY DENSE CORES OF COMMERCIAL AREAS.
AND, UM, THEY, IT ALSO DOES NOT ALLOW THE CELL OR SERVING OF ALCOHOL IN THE CBD ONE ZONING DISTRICT, WHICH IS VERY IMPORTANT AS THIS RIGHT ACROSS FROM RIGHT, UH, FROM WALLACE MIDDLE SCHOOL.
UM, THE COMPREHENSIVE PLAN, UM, PRIMARILY SHOWS IT IN THE ORIGINAL TOWN DISTRICT.
THERE'S A LITTLE SLIVER TO A NORTH FROM A DEVELOPABILITY STANDPOINT.
UM, THE ORIGINAL TOWN DISTRICT IS PRIMARILY THE AREA THAT WE CONSIDER IT IN.
AND THE CB ONE ZONING DISTRICT IS RECOMMENDED AS WELL.
UH, BECAUSE THERE'S THERE'S INFRASTRUCTURE THERE, THEY HAVE WATER, THEY HAVE WASTEWATER.
UM, THE, THE THERE'S REALLY NOT A HUGE IMPACT THAT CAN HAPPEN OFF OF IT.
IT'S RELATIVELY LOW FOR THE ZONING.
UM, STAFF DOESN'T HAVE ANY ISSUE WITH THE REQUEST AND WE SUPPORT IT WHOLEHEARTEDLY.
UM, THERE WILL BE IMPROVEMENTS MADE TO WEST CENTER STREET, EVENTUALLY TWO WITH A REDESIGN AND THE SUBSEQUENT REBUILD OF THE ROAD.
UM, AND SO THERE'S GONNA BE THERE'S SIGNIFICANT INFRASTRUCTURE ALREADY AROUND THERE.
UM, THE STAFF ASKED THAT YOU'LL VOTE TO APPROVE THE REQUEST AS WELL.
UH, THIS ITEM DOES HAVE A PUBLIC HEARING, SO IF THERE ARE NO OBJECTIONS, I'M GONNA OPEN THE PUBLIC HEARING NOW.
UH, IS THERE ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK, SEEING NONE I'M GOING TO CLOSE THE PUBLIC HEARING.
DOES ANYBODY HAVE ANY QUESTIONS FOR MR.
WE'LL UM, WHEN P AND Z TOOK A LOOK AT THIS, DID THEY TAKE AN ACCOUNT, THE, UH, PARKING, UM, AS A FUNCTION OF, UH, DEVELOPMENT, UM, THEY WILL HAVE TO PROVIDE PARKING ON SITE.
I WANT TO SAY THE CBD ONE ZONING DISTRICT REQUIRES, UM, ONE SPACE FOR 200 SQUARE FEET OF GROSS FLOOR AREA.
SO FOR EXAMPLE, IF IT'S A, A 1000 SQUARE FOOT BUILDING IN THE MIDDLE INSIDE, THEY'RE GOING TO HAVE TO HAVE FIVE PARKING SPACES, AT LEAST.
BECAUSE I KNOW THAT ONE OF THE THINGS THAT'S GOING ON IN THIS AREA RIGHT HERE IS A SCHOOL AND THE INADEQUATE PARKING ALREADY THAT IS ADJACENT TO THIS PROPERTY.
SO, UH, MY CONCERN IS ADDING A BUSINESS.
THERE IS GOING TO ADD, NOT JUST TO THE PARKING SPACES.
THEY NEED PARKING ALONG THE STREET WAYS WHERE, UH, OUR RESIDENTS ARE ALREADY ARE HAVING A HARD TIME.
THE SCHOOL IS ONLY SHUT DOWN THREE MONTHS OUT OF THE YEAR.
AND THE OTHER ONE SAYS IT'S OPEN.
I MEAN, THERE'S PARKING UP AND DOWN THE STREET.
I MEAN, PUTTING, UH, A COMMERCIAL PROPERTY IN THERE IS PROBABLY NOT THE BEST USE FOR THAT AREA BECAUSE OF THE, UH, ISSUES WITH THE SCHOOLS THERE.
SO THAT'S MY CONCERN RIGHT THERE.
UM, AND THAT REALLY THE BIGGEST, THE OTHER THING IS MY SECOND CONCERN IS THE CBD ONE.
UH, WE'RE GETTING READY TO LOOK AT OUR COMPREHENSIVE PLAN.
AND RIGHT NOW WHAT CBD ONE IS ALLOWED IS SPECIFIED, BUT WITH THE COMPREHENSIVE PLAN COMING FORWARD THAT COULD CHANGE AND IT COULD CHANGE FOR, FOR THE WORSE.
SO THAT KIND OF, THAT'S SOMETHING RESIDENT BROUGHT FORWARD TO ME AND I TOOK IT TO HEART AS WELL.
SO I, I JUST NOT REALLY COMFORTABLE WITH, UH, UH, THE CBD ONE DESTINATION RIGHT NOW UNTIL WE KNOW WHAT THE NEW COMPREHENSIVE PLAN IS GONNA HOLD.
UH, CAUSE I'M, I'M REALLY WORRIED ABOUT WHAT'S GOING TO GO IN THERE.
UH, ADDITIONAL COMMENTS, CASPER TOBY IS, UH, I AGREE, UH, UH, MAYOR PRO TEM IT'S RIGHT BY THAT SCHOOL.
AND IF ANYBODY'S THERE ON THE WEEKENDS OR IF ANYBODY'S THERE DURING THE SCHOOL YEAR, UH, IF THERE'S EVENTS AS AF THAT'S IN THE EVENING, THERE'S JUST SO MANY CARS PARKED ALL THE WAY ACROSS, AND I CAN TELL WHATEVER BUSINESS YOU COME IN THERE, IT'S, YOU'RE GOING TO HAVE THAT PARKING WARS.
YOU'RE GOING TO HAVE A LOT OF, YOU KNOW, UNAUTHORIZED PARKING.
YOU'RE GOING TO HAVE SIGNS EVERYWHERE.
YOU'RE GOING TO, UH, PEOPLE PULLING IN THERE.
AND, UH, AGAIN, IT IS RIGHT NEAR A SCHOOL.
WHAT KIND OF BUSINESS WOULD BE WANTING TO GO IN THERE? AND SO, UM, I KIND OF REFLECT WHAT COUNTS, BUT REASONS HANGING ON THERE.
I MEAN, THAT'S A VERY PRIME SPOT RIGHT NEXT TO OUR PARK.
AND THEN RIGHT NEXT TO SCHOOL, IT'S LIKE RIGHT IN BETWEEN.
SO, UH, I'D LIKE TO HAVE MORE OF A CLEAR PICTURE OF WHAT KIND OF A RETAIL BUSINESS OR COMMERCIAL BUSINESS WOULD BE IN THERE.
TO, TO ADDRESS THE PARKING GENERALLY.
UH, THE REASON THAT WE HAVE, UM, ONSITE PARKING REQUIREMENTS IS TO ADEQUATELY ACCOUNT FOR PARKING, UM, IN THE PRIVATE SECTOR.
SO, UM, IT WOULD BE IF THE PROPERTY OWNER, AFTER THE SITES DEVELOPED, IF THEY WANTED TO GRANT USE OF THE PARKING SPACES, UH,
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TO, FOR SCHOOL EVENTS AND WHAT HAVE YOU, IF THEY HAVE THE AUTHORITY TO DO THAT AS IT'S THEIR PROPERTY.BUT IF THEY ALSO SAY IT'S FOR BUSINESSES OWN, OR FOR CUSTOMERS ONLY ON THEIR SITE, IF IT DEVELOPS AS A BUSINESS, UM, THEY, THERE ARE A LOT TO PUT UP THOSE SIGNS AND THEY CAN ENFORCE THAT AS A PRIVATE PROPERTY OWNER, UM, FROM, UM, FROM, UH, THE STREETSCAPE PARKING AND WHAT HAVE YOU, I UNDERSTAND IT'S RIGHT ACROSS FROM THE SCHOOL.
UM, IT, THERE'S GONNA BE CERTAIN TIMES OF THE DAY WHERE, YOU KNOW, YOU HAVE, UH, RESIDENTS PULLING UP, DROPPING OFF THEIR KIDS OR WAITING TO PICK THEM UP AS WELL.
BUT THAT ALSO TIES BACK INTO THE ONSITE PARKING AS WELL, THAT WE REQUIRE FROM, FROM A USE PERSPECTIVE.
UM, WE USED TO BE VERY CAREFUL ABOUT, UM, TRYING TO PINPOINT WHICH SPECIFIC TYPES OF BUSINESSES GO IN.
CAUSE WE DON'T WANT TO VIOLATE STATE LAW.
UM, THE OWNERS HAVE NOT INDICATED TO EXACTLY WHAT THEY WANT NECESSARILY TO GO IN THERE.
THEY JUST WANTED TO GET SOME, SOME FLEXIBILITY FROM THAT PERSPECTIVE IF THEY WERE TO MARKET IT.
AND I THINK THEY'RE, THEY'RE PLANNING ON DOING SO W AND, OR DEVELOPING IT IF THEY DECIDE TO DO THAT.
UM, BUT THE QUESTION IS, ARE YOU ALL OKAY WITH THE USES IN THE CBD ONE ZONING DISTRICT ON THE SITE? UH, JUST GENERALLY.
SO IT WOULD HAVE TO BE, IF IT WERE TO BE REZONED, IT WOULD HAVE TO DEVELOP IN A MANNER REQUIRED FOR THE, FOR THE CBD.
IT WAS A NEW DISTRICT AS WELL.
THAT'S WHERE, SO, UM, MY CONCERN AND NOT JUST FOR THE SCHOOL KIDS, BUT FOR THE OWNERS, IS THERE WILL FIVE DAYS A WEEK, PROBABLY FOR AN HOUR AND A HALF BE PARKING FROM PARENTS, EVEN IF THEY PUT UP NO PARKING SIGNS, BECAUSE THE WAY THAT'S LAID OUT, IT DOESN'T GIVE GOOD ACCESS IN AND OUT.
AND THAT PARKING IN THAT AREA IS SUPER LIMITED.
SO I DON'T KNOW HOW THAT WOULD AFFECT THEIR BUSINESS, THAT THE TRAFFIC THERE.
UM, I WOULDN'T THINK ABOUT THE BUSINESS PER SE, BUT JUST THE TRAFFIC THAT IT WOULD CAUSE, AND THAT WOULD AFFECT THEIR BUSINESS.
THAT MIGHT BE AN ISSUE IN THE LONG RUN.
I DON'T UNDERSTAND HOW THAT USE WOULD BE BEST USED FOR THAT AREA.
THERE'S, THERE'S, THERE'S REALLY NOTHING THERE.
SO AS PART OF THE ZONING PROCESS, WHEN AN APPLICANT COMES FORWARD, UM, AND THEY REQUEST AND THEY TALK WITH STAFF, OR LIKE, WE WANT, WE HAVE PROPERTY, WE WANT TO DEVELOPMENT AND HAVE IN WHAT HAVE YOU, WE, THE FIRST THING WE DO, WE LOOK AT THE COMPREHENSIVE PLANS LIKE, OKAY, SO IS WHAT YOU WANT IS WHAT YOU'RE WANTING TO DO.
DOES IT AGREE WITH THE COMPREHENSIVE PLAN AND IN THIS CASE IT DOES.
AND THEN WE, UM, WE HAVE THEM TAKE A LOOK AT THE LIST OF USES AND IF THEY THINK THEY CAN DEVELOP SOMETHING APPROPRIATELY AND IT TRIED TO ESTABLISH A BUSINESS THERE AND, AND THE CITY COUNCIL AGREES, THEN, THEN THEY'RE ALLOWED TO, THEY, THEY CAN GO FOR IT.
THERE'S NO GUARANTEE THAT THIS IS GOING TO BE SUCCESSFUL.
I JUST KNOW FOR ME, IT'S THE TRAFFIC THAT IS CONCERNED AND THAT'S NOT THE NOW IT'S CAN BE FIVE DAYS A WEEK.
I MEAN, MAYBE THE WEEKENDS WOULD BE GREAT, BUT IT'S FIVE DAYS A WEEK THAT TRAFFIC IS GOING TO BE HORRENDOUS.
AND I KNOW BECAUSE THAT'S WHERE MY KID GOES TO SCHOOL.
AND SO AS MUCH AS I'D LIKE TO SEE SOMETHING THERE, SO PEOPLE COULD GO MAYBE ACROSS THE STREET AND GET A SNACK, OR, YOU KNOW, THERE'S KIDS THERE ALL THE TIME.
SO IDEALISTICALLY, I THINK MAYBE SOMETHING WOULD WORK THERE, THERE, THE TRAFFIC IS JUST SO GOD AWFUL.
AND YOU HAVE SCHOOL BUSES AND YOU HAVE PARENTS AND PARENTS THAT DON'T PAY ATTENTION.
I W I MEAN, HOW DO WE FIX THAT? HOW DO WE FIX THE TRAFFIC? AND THEN WE CAN DISCUSS REZONING.
SO AS A, AS A FUNCTION OF SITE DEVELOPMENT, UM, JUST BE CAREFUL.
WELL, WE ARE SO CLOSE TO SPOT ZONING THIS PROPERTY.
I MEAN, THIS IS, THIS IS, THIS CONVERSATION IS EXTREMELY ON THE EDGE OF WHAT IS, UH, IS, WELL, I THINK TRAFFIC DOES FIT THAT, THAT REALM OF THE REASONS TO NOT APPROVE.
AND SO THAT WAS MY CONCERN IS HOW DO WE FIX THE TRAFFIC IN THAT AREA? SO IT CAN WORK NOT SO IT CAN'T WORK, BUT HOW DO WE FIX THE TRAFFIC SO IT CAN WORK.
SO FROM A GENERAL INFRASTRUCTURE STANDPOINT, WHEN DEVELOPMENT HAPPENS, I ALWAYS LIKE TO GO BACK BECAUSE THAT'S IN OUR CODE, WE HAVE THE ADJACENT LANE MILE FEE.
SO WHEN THEY DO DEVELOP VILLI, THEY HAVE TO PAY THE FEE OR PAY OR MAKE IMPROVEMENTS IN LIEU OF IT DEPENDS ON THE SCALE OF THE PROJECT, DEPENDS ON THE USE AND WHAT HAVE YOU.
UM, BUT WE CAN'T GET MORE SPECIFIC THAN THAT.
BUT WHEN WE DO DO GO, W EXCUSE ME, WHEN WE DO HAVE A SITE DEVELOPMENT PERMIT, WE WILL LOOK AT ADJACENT THE INTERSECTIONS, SEE IF THERE NEEDS TO BE A CROSSWALK THAT'S ADDED AND WHAT HAVE YOU, AND MAKE SURE WE TRY TO ACCOUNT FOR STUFF AS APPROPRIATE AS POSSIBLE, AND ALSO A FUNCTION OF A LARGER REGIONAL IMPACT.
[03:45:01]
THAT THAT NEEDS TO BE CONSIDERED AS WHEN THE CITY REBUILDS WEST CENTER STREET, UM, THAT, THAT T INTERSECTION RIGHT THERE AT RANGER AND CENTER STREET, AND NOT TO PUT ANYTHING ON THE CIVIL ENGINEERING DESIGN NECESSARILY, BUT IT IS IMPORTANT TO TAKE A LOOK AT THAT INTERSECTION.SO, UM, WHAT THE SOLUTION IS, I DON'T KNOW, WE HAVE TO TAKE A LOOK AT THAT AS A GROUP AND, AND MAKE SURE THAT THOSE IMPROVEMENTS ARE APPROPRIATE THOUGH.
CAUSE IT'S DEFINITELY IMPORTANT.
WE DO HAVE SCHOOL KIDS RIGHT ACROSS THE WAY.
AND WHAT IF IT IS A BUSINESS THAT GOES IN THERE, THAT'S SOMETHING THAT KIDS CAN TAKE INTO ACCOUNT AND YOU GO PURCHASE A CANDY BAR OR WHATEVER WHO KNOWS WHAT IT IS.
UM, THEY, SAFETY IS ABSOLUTELY IMPORTANT WITHOUT QUESTION.
SO WE, WE WILL HAVE, HAVE TO ACCOUNT FOR THAT REGARDLESS OF WHAT GOES IN THERE.
WELL, KEEP A POINTING BACK, SWEETIE.
ONE, WHAT DO YOU USE AS OUR RIGHT NOW? BUT I WANT TO POINT BACK THAT WE'RE GETTING READY TO, UH, RE-LOOK AT THOSE USERS OR GUARANTEES THAT WE HAVE, THAT THEY WILL ADHERE TO WHAT CBD IS ONE NOW, THEN WHAT IS GOING TO BE LATER? WE, BECAUSE IF WE CHANGE IT AND THEY HOLD ON TO THAT CBD ONE, NOW THEY CAN COME BACK AND PUT WHATEVER IN THERE, WHATEVER WE HAVE UPDATED A CBD ONE WITH ME, IT'S A RESERVATION OUT, WHAT AM I GOING TO ALLOW WITH CBD ONE? CAUSE I'M GOING TO COME BACK AND LOOK AT THIS PROPERTY.
AND WHEN WE'RE DOING THE COMPREHENSIVE PLAN, IT'S GOING TO MAKE ME ALLOW LESS IN THE NEW CBD ONE, JUST TO DO THAT.
IT'S JUST THE, THE, THE, THE DESIGNATION OF ALLOWABLE USES IS ENTIRELY WITHIN OUR CONTROL AS A COUNCIL.
SO WE HAVE THE ABILITY CBD ONE IS A SMALL, IT'S BASICALLY JUST DESIGNED IN THE COMPREHENSIVE PLAN TO BE FROM BURLESON TO, TO, TO STAGECOACH ANYWAY.
SO I DON'T, IT'S THE MOST RESTRICTIVE COMMERCIAL ZONING THAT WE ABSOLUTELY HAVE.
SO I GUESS IT'S JUST A, IF YOU REVISIT IT, I, I AGREE.
AND I, I, WE'RE GOING TO HAVE A CHANCE TO, TO RE YOU KNOW, BUT IT'S, IF CBD ONE DOESN'T BELONG THERE, THEN IT'S, IT'S HARD FOR ME TO, IT'S HARD FOR ME TO COMPREHEND DENYING THE MOST RESTRICTIVE, NO GAS STATIONS.
NO, NO, NO ALCOHOL, NO, UH, ALL KINDS OF THINGS.
I MEAN, IT'S JUST, IT'S IT TO, TO TELL THEM THAT, WELL, WE'RE GOING TO KIND OF TAKE A LOOK AT CENTER STREET AND THIS SCHOOL, AND THEN WE'LL COME BACK.
YOU CAN COME BACK ONCE WE'VE FILLED MORE COMFORTABLE WITH IT.
AND THEN WE'LL MAKE A ZONING VOTE IS, UH, IS A DANGEROUS PRECEDENT TO SET, BUT IT ALSO SENDS A MESSAGE THAT, UH, I DON'T, I DON'T EVEN KNOW HOW YOU CAN COMPREHEND.
I MEAN, THE ARGUMENT WAS USED THAT TRAFFIC WILL BE BAD FROM THIS SCHOOL AND THEY WILL GO INTO, YOU'RE GOING TO PROTECT THE PROPERTY OWNER BECAUSE PEOPLE WHO ARE GOING TO PICK UP THEIR KIDS AT SCHOOL MIGHT GO INTO THE PRIVATE PROPERTY OWNERS ADDRESS AND PARK THERE.
AND SO YOU WANT TO PROTECT THEM FROM THAT WHEN THE REALITY IS THAT THAT IS NOT, THAT'S NOT SOMETHING THAT IT'S NOT REALLY, THAT IT'S THE PARKING UP AND DOWN THE STREET.
SO YOU'RE NOW GOING TO PEOPLE PARK UP IN LN STREET, WAITING TO PICK UP THEIR KIDS ALL DOWN CENTER STREET, BECAUSE THERE'S NO ADEQUATE PARKING INSIDE THE SCHOOL.
THEY, THEY DO A DOWN RANGER DRIVE.
THEY DO IT DOWN CENTER STREET, AND YOU ACTUALLY HAVE TO GET TO THE MIDDLE LANE TO GET, I GOT A GOOD TO THE, THE LINE JUST TO GET HOME.
YOU'RE GOING TO DENY A ZONING REQUEST FROM SOMEONE WHO IS NOT CREATING THE TRAFFIC PROBLEM.
IT HAS A PARKING PLAN IN PLACE TO HANDLE THEIR OWN PARKING ISSUE.
IT IS THE FUNCTION OF THE CODE SETS OUT PARKING STANDARDS.
AND SO IF YOU'RE GOING TO DEVELOP AND BUILD COMMERCIAL, YOU MUST ACCOUNT FOR THE PARKING.
IF YOU'RE SAYING THAT THIS LITTLE LOT IS GOING TO SOMEHOW MATERIALLY CHANGE THE TRAFFIC DYNAMIC OF CENTER STREET, I MEAN, IT'S W WHAT 0.0, ZERO 1% OF THE OVERALL TRAFFIC, UH, UP AND DOWN CENTER STREET.
AND SO, I MEAN, ULTIMATELY IT'S LIKE, WHAT WE'RE SAYING IS, WELL, WE JUST, IT'S CLOSE TO THE SCHOOL.
THERE'S TRAFFIC, THERE THERE'S SOME ISSUES.
AND SO PLEASE STOP ASKING US, PLEASE GO AWAY.
THE NEIGHBORS DON'T WANT IT, BUT THIS IS OUR MOST RESTRICTIVE COMMERCIAL ZONING DESIGNED SPECIFICALLY FOR THAT AREA.
SO I HAVE A MOTION TO APPROVE AGENDA ITEM NUMBER 32, PLEASE MOTION BY CUSTOMER FLOORS, CAL SECONDED BY COUNCIL MEMBER ELLISON.
IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
[33. Acceptance of the City's Annual Comprehensive Financial Report (ACFR) and theIndependent Auditor's Report for the fiscal year ended September 30,2021. ~ Perwez Moheet, CPA, Director of Finance & Tino Robledo, CPA, SeniorDirector, RSM US, LLP, Certified Public Accountants]
AGENDA ITEM NUMBER 33, UH, ACCEPTANCE OF THE CITY'S, UH, ANNUAL COMPREHENSIVE FINANCIAL REPORT AND THE INDEPENDENT AUDITOR'S REPORT FOR THE FIRST YEAR FISCAL YEAR YEAR ENDED SEPTEMBER 30TH, 2021.[03:50:01]
PRO TEM COUNCIL MEMBERS.ONCE AGAIN FOR THE RECORD, I'M PROVIDES MY CITY'S DIRECTOR OF FINANCE.
THIS AGENDA ITEM BEFORE YOU TONIGHT IS A TWO-PART COUNCIL ACTION ITEM.
THE FIRST PART IS FOR YOU TO REVIEW AND ACCEPT THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 21.
AND THE SECOND PART OF YOUR ACTION IS TO REVIEW AND ACCEPT THE INDEPENDENT AUDITOR'S REPORT FOR THE SAME FISCAL YEAR.
ARTICLE EIGHT OF THE CITY CHARTER REQUIRES AN AUDIT OF ALL CITY ACCOUNTS TO BE COMPLETED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT AT THE END OF EACH FISCAL YEAR.
AND UPON ACCEPTANCE OF THE AUDIT REPORT BY THE CITY COUNCIL, THE CITY CHARTER FURTHER REQUIRES THAT A SUMMARY OF THE AUDIT RESULTS BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY OF KYLE, WHICH IF IT'S APPROVED TONIGHT, WE WILL POST THIS IN HAZE FREE PRESS A COPY OF THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR FISCAL YEAR 21.
AND THE INDEPENDENT AUDITOR'S REPORT ARE BOTH IN YOUR AGENDA PACKET FOR THE RECORD, I'M GOING TO REVIEW A FEW HIGHLIGHTS OF THE CITY'S OVERALL FINANCIAL PERFORMANCE FOR FISCAL 2021, THE COMBINED BALANCE SHEET FOR FISCAL YEAR 2021 REFLECTS THE CITY'S FINANCIAL POSITION AS FOLLOWS ASSETS TOTALED 473.6 MILLION LIABILITIES, TOTAL 120.6 MILLION RESULTING IN A COMBINED NET POSITION OF 353 MILLION OR 74.5% EQUITY POSITION.
THE CITY'S OVERALL NET POSITION, WHICH IS BASICALLY ALL ASSETS, LESS LIABILITIES TOTALING 353 MILLION AS AN IS AN INCREASE OF 67.1 MILLION ARE 23.5% FROM THE PRIOR FISCAL YEAR.
NOW FOR NOW FOCUSING ON THE CITY'S PRIMARY OPERATING FUND, WHICH IS THE GENERAL FUND GENERAL FUND REVENUE AND TRANSFERS IN FROM ALL SOURCES TOTALED 45.3 MILLION ON A MODIFIED ACCRUAL BASIS, ALSO ON A MODIFIED ACCRUAL BASIS, THE GENERAL FUND EXPENDITURES AND TRANSFERS OUT TOTAL 45.6 MILLION, THE ENDING FUND BALANCE FOR THE CITY'S GENERAL FUND, TOTAL 21 MILLION ON AN, ON A MODIFIED ACCRUAL BASIS.
THIS IS A DECREASE OF 0.3 MILLION AS COMPARED TO THE PRIOR FISCAL YEAR AND NOT COUNCIL FOR THE SECOND PART OF THE AGENDA, THE ACCEPTANCE OF THE AUDITOR'S REPORT FOR FISCAL YEAR 2021, THE CITY'S AUDIT FOR FISCAL YEAR 21 WAS SUCCESSFULLY COMPLETED BY THE INDEPENDENT CPA FIRM OF R S M U S L L P R S M U S.
LLP IS A NATIONAL AUDITING FIRM WITH OFFICES AND CLIENTS THROUGHOUT THE US.
THE REASON I MENTIONED THEY ARE A NATIONAL FIRM IS BECAUSE THIS IS A BIG BENEFIT TO THE CITY.
THEY BRING KNOWLEDGE AND EXPERIENCE OF BEST PRACTICES OF GOVERNMENTAL ENTITIES FROM ACROSS THE UNITED STATES AND NOT JUST TEXAS OR JUST THE AUSTIN AREA.
THE AUDITOR'S REPORT IS AN INDEPENDENT AND UNBIASED REPORT CARD THAT ADDRESSES THREE VERY SPECIFIC OBJECTIVES FOR OUR CITY COUNCIL, CITY MANAGEMENT FOR TAXPAYERS AND OUR BOND HOLDERS.
FIRST, IT'S A VALIDATION OF THE CITY'S FINANCIAL CONDITION BASED ON AN INDEPENDENT AUDIT OF THE CITY'S ACCOUNTS AND FUNDS.
SECOND, IT'S AN INDEPENDENT ASSESSMENT OF THE CITY'S ACCOUNTING AND FINANCIAL REPORTING SYSTEMS, INTERNAL CONTROLS COMPLIANCE WITH CITY FINANCIAL POLICIES AND PROCEDURES.
AND FINALLY IT PROVIDES AN INDEPENDENT ASSURANCE THAT THE CITY'S ACCOUNTING AND FINANCIAL REPORTING SYSTEMS AND PRACTICES ARE IN COMPLIANCE WITH THE RULES AND STANDARDS AS PRESCRIBED BY THE GOVERNMENTAL ACCOUNTING STANDARDS BOARD.
THERE ARE FOUR TYPES OF AUDIT REPORTS THAT AN INDEPENDENT AUDITOR CAN POSSIBLY ISSUE ON A GOVERNMENT'S FINANCIAL STATEMENTS.
IT REALLY DOESN'T MATTER WHETHER IT'S THE FEDERAL GOVERNMENT STATE, GOVERNMENT COUNTY, GOVERNMENT, CITY, GOVERNMENT, THEY ALL
[03:55:01]
GET ONE OF THESE FOUR IN THE ORDER OF WORST TO BEST TYPES OF INDEPENDENT AUDITOR'S REPORTS ARE A DISCLAIMER REPORT, AN ADVERSE REPORT, WHICH IS A NO-BRAINER REPORT, A QUALIFIED REPORT.AND THE BEST IS THE UNQUALIFIED REPORT.
AS THE CITY'S DIRECTOR OF FINANCE, I'M PLEASED TO INFORM ME THAT THE CITY OF KYLE RECEIVED THEIR HIGHEST LEVEL OR A CLEAN UNQUALIFIED REPORT BY THE INDEPENDENT AUDITORS FOR FISCAL YEAR 21.
I WOULD LIKE TO TAKE THIS OPPORTUNITY TO RECOGNIZE AND THANK OUR ENTIRE FINANCE TEAM FOR THEIR CONTRIBUTIONS EFFORT AND ACHIEVEMENT, PARTICULARLY, I WOULD LIKE TO RECOGNIZE OUR ACCOUNTING MANAGER, ANDY ALEJANDRO, FOR COORDINATING OR MANAGING THE CITY'S AUDIT THIS YEAR.
ANDY, STAND UP AND TAKE A BOW PLEASE.
AFTER CITY COUNCIL'S ACCEPTANCE A COMPLETE COPY OF THE CITY'S ANNUAL COMPREHENSIVE FINANCIAL REPORT AND THE INDEPENDENT AUDITOR'S REPORT WILL BE POSTED AND MADE AVAILABLE ON THE CITY'S WEBSITE, MARIN COUNCIL.
THIS CONCLUDES MY PRESENTATION.
I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU MAY HAVE.
WE ALSO HAVE MR. TINO ROBLEDO, WHO IS THE SENIOR DIRECTOR WITH THE AUDIT FIRM OF RSM US LLP, IN CASE YOU HAVE ANY QUESTIONS FOR THE AUDITORS.
THANK YOU FOR, DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS CUSTOMER FOR SCALE? THANK YOU.
UM, AS ALWAYS GOOD JOB, UM, IT WAS REALLY EXCITING TO LISTEN TO YOUR, YOUR SPEECH.
UM, BUT I JUST WANT TO MAKE SURE THAT THIS AUDIT IS SEPARATE FROM THE AUDIT THAT WAS REQUESTED IN THE LAST COUNCIL MEETING AND THAT WE ARE GOING TO CONTINUE TO WORK ON THAT ONE AS WELL.
THE SHORT ANSWER IS YES, THIS IS THE ANNUAL FINANCIAL REPORT OF THE ENTIRE CITY.
THE SCOPE SPECIFIC AUDIT THAT CITY COUNCIL REQUESTED AT THEIR LAST MEETING WILL BE DONE SEPARATELY AND ONLY FOCUS ON, UH, EXPENDITURES OF CITY COUNCIL AND CITY MANAGER.
I'D LIKE TO MAKE A MOTION TO APPROVE MOTION BY THE MAYOR, SECONDED BY COUNCILLOR FLOORS.
KALE'S THEIR DISCUSSION ON THE MOTION? UH, I, HAVEN'T GONE, GONE THROUGH AND STUDIED THIS, UH, IN, UH, UH, OVER THE LAST FIVE, SIX YEARS.
I'VE LEARNED THAT THE, UH, UH, WHAT ARE WE CALLING IT NOW? THE ANNUAL COMPREHENSIVE FINANCIAL REPORT? YES, SIR.
UH, NO ACRONYMS, UH, IS A VERY GOOD SNAPSHOT OF THE FINANCIAL, UH, PICTURE OF YOUR CITY.
AND SO THESE ARE THE DOCUMENTS THAT I SPEND MY TIME GOING THROUGH AND STUDYING AND SCOURING BECAUSE THERE ARE TENS AND HUNDREDS OF MILLIONS OF DOLLARS IN HERE AND HOW OUR CITY PERFORMS YEAR OVER YEAR, UH, IS OF THE UTMOST IMPORTANCE TO THE RESIDENTS OF KYLE.
SO I, I'M GLAD TO SEE OUR FINANCIAL, UH, UH, PICTURE MOVING FORWARD THE WAY THAT IT IS IT'S, IT'S HONESTLY DOING BETTER THAN I EVEN THOUGHT WE COULD BE.
WE'RE IN A BETTER PLACE THAN I THOUGHT WE COULD BE AT THIS 0.6 YEARS AGO, UH, COMPARED TO WHERE WE WERE SIX YEARS AGO.
SO I'M GLAD TO SEE THAT I DO, UH, UH, THAT THESE DOCUMENTS ARE, THIS IS MY FAVORITE BOOK TO GET, UH, EVERY SINGLE YEAR.
SO, UM, JUST WANT TO SAY THANK YOU FOR PUTTING THIS TOGETHER.
AND, UH, THERE IS GOLD IN THIS DOCUMENT.
THERE'S GOLD IN THIS DOCUMENT.
SO, UH, ANY, ANYONE ELSE COMES FROM NELSON? JUST ONE CLARIFYING POINT.
I AGREE, UH, REALLY STRONG, IMPORTANT, UH, IN THE YEARS I'VE BEEN ON COUNCIL, UH, AND THEY CONTINUE TO BE STRONG.
I CERTAINLY APPRECIATE EVERYTHING THAT YOU'VE DONE IN YOUR 12 YEARS.
HAS IT BEEN ALMOST ALMOST 12 YEARS? ALL RIGHT.
UM, AND I CERTAINLY APPRECIATE YOU AND YOUR TEAM.
AND, UH, UH, I KNOW YOU HAVE A WHOLE TEAM THAT JUST WORKS HARD ON, ON ALL THIS STUFF.
AND SO I APPRECIATE THAT JUST ONE CLARIFYING POINT.
SO I, YOU KNOW, WE DO APPRECIATE THAT IT'S AN INDEPENDENT AUDIT.
UH, COULD YOU JUST BRIEFLY EXPLAIN TO US HOW WE, UH, GET THE INDEPENDENT AUDITOR, WHAT THAT SELECTION PROCESS IS DONE? AND CERTAINLY, UH, THE CITY CHARTER SETS THE BACKDROP AS TO HOW THE CITY WOULD SECURE AN INDEPENDENT AUDIT EACH YEAR.
UM, WE GO THROUGH AN RFQ SLASH RFP PROCESS, WHICH IS REQUESTS FOR PROPOSALS FROM INDEPENDENT CERTIFIED ACCOUNTANTS.
UH, THEY HAVE TO BE LICENSED, UH, NOT ONLY IN THE U S BUT ALSO BY THE STATE OF TEXAS.
UM, THEY HAVE TO BE IN GOOD STANDING.
OUR REQUIREMENTS ARE VERY SPECIFIC.
UH, WE, WE ASK THAT THE AUDITORS BE NOT JUST MOM AND POP TYPE OPERATION, INDEPENDENT, UH, SOLE PROPRIETORS, BUT, UH, FIRMS THAT ARE OF NATIONAL LEVEL.
[04:00:01]
AND THEY BRING NATIONAL EXPERIENCE WITH THEM.AND THAT THEY HAVE SIMILAR EXPERIENCES AS OUR CITY HAS EXPERIENCED, BUT FROM GROWTH FROM DEBT, FROM NUMBER OF EMPLOYEES, FROM THE TYPES OF CITY OPERATIONS WE HAVE IN KYLE, UH, THAT IS DONE EVERY FIVE YEARS.
AND, UH, I BELIEVE RSM HAS ANOTHER YEAR TO GO.
AND THEN WE WILL BE DOING ANOTHER REQUEST FOR PROPOSAL.
ANY ANYONE ELSE? ALL IN FAVOR, SAY AYE.
MOTION CARRIES SEVEN TO ZERO NEXT STEP.
UH, DO YOU ALL WANT TO BRING THE TWO MONARCH ITEMS UP TOGETHER? ANY OBJECTION TO THAT? UH, IT'S BASICALLY ONE BIG DISCUSSION ANYWAY.
[Items 34 & 35]
TO BRING ITEMS 34 AND 35 UP TOGETHER.34 IS CONSIDERED APPROVAL OF AN EXTENSION TO THE RIGHT STABILIZATION AGREEMENT BETWEEN MONARCH AND THE CITY OF KYLE.
UH, AND THEN 35 IS CONSIDERED APPROVAL OF AN AGREEMENT BETWEEN MONARCH AND THE CITY OF COD REGARDING CONDITIONS FOR THE SUSPENSION OF WATER SERVICES.
MARIN COUNCIL, THE UN IN 2014, THE CITY OF KYLE ENTERED INTO AN AGREEMENT WITH MONARCH UTILITIES AS THE RESULT OF THE CITY DENYING A REQUEST TO INCREASE RATES AT THAT TIME.
UM, IN 2014, MONARCH CAME AND ASKED THE CITY TO, UH, APPROVE A RATE INCREASE IN THE CITY, DENIED THAT THERE WAS A MONARCH APPEALED THAT DECISION TO THE TCEQ AND THE CITY AND MONARCH, UH, ENTERED INTO A CONTESTED PROCEEDING THAT WAS HELD, HEARD BY SOA STATE OFFICE OF ADMINISTRATIVE HEARINGS.
THE RESULT OF THAT WAS A SETTLEMENT AGREEMENT THAT PROVIDED FOR, UH, CERTAIN RATES TO APPLY FOR A PERIOD OF FIVE YEARS.
THE AGREEMENT PROVIDED THAT THE STABILIZATION AGREEMENT COULD BE EXTENDED BY AN ADDITIONAL FIVE YEARS, UM, UPON MUTUAL AGREEMENT BY THE PARTIES.
UH, WHEN THIS LAST APPEARED BEFORE COUNCIL, THERE WERE A COUPLE OF PROVISIONS THAT WERE REQUESTED TO BE ADDED TO THE AGREEMENT.
THE FIRST WAS THAT, UM, SOME ADDITIONAL, MORE SPECIFIC REPORTING REQUIREMENTS OF WATER USAGE BE PROVIDED AND REPORTED TO THE CITY FOR THE PURPOSE OF THE CITY, BEING ABLE TO SET ITS WASTEWATER RATES.
AND THAT'S IN SECTION 12 OF THE AGREEMENT THAT SPECIFIES THE ACTUAL WATER USAGE THAT NEEDS TO BE REPORTED IN THE TIMEFRAME FOR DOING SO.
THE ADDITIONAL REQUEST WAS THAT THE CITY AND MONARCH ENTER INTO A, AN AGREEMENT IN WHICH MONARCH WILL DISCONNECT A WATER SERVICE IN THE EVENT OF NON-PAYMENT OF WASTEWATER SERVICE.
UH, THIS IS A COMMON AGREEMENT THAT YOU WOULD SEE BETWEEN, UM, AN ENTITY THAT PROVIDES WASTEWATER WHEN THEY DO NOT PROVIDE WATER, BECAUSE THERE'S, IT'S DIFFICULT TO ENFORCE PAYMENT OF, OF WASTEWATER BILLS, UM, WITHOUT A, THE ABILITY TO DISCONNECT WATER.
AND SO THERE'S AN AGREEMENT WITH MONARCH, WHICH IS THE SECOND ITEM THAT IS BROUGHT BEFORE YOU TO APPROVE THAT, UH, AGREEMENT.
IF THERE ARE ANY QUESTIONS I'M HAPPY TO ANSWER THEM AS BEST I CAN.
I MAY NEED TO TAG IN OTHER STAFF TO ASSIST.
UM, EARLIER ACTUALLY, WHEN I SAY EARLIER, I MEAN, UH, MEETINGS PRIOR TO I REQUESTED THE LETTER OF, OF, FOR AN UNFORESEEN CIRCUMSTANCE AND I RECEIVED A RESPONSE TODAY, AND I GUESS I DON'T REALLY UNDERSTAND, UM, COMPLETELY WHAT IT SAYS.
SO OF YOU COULD READ, UH, AUDREY GUTHRIE'S EMAIL AND KIND OF EXPLAINED TO ME WHAT IT IS, UM, AS FAR AS THE UNFORESEEN CIRCUMSTANCE LANGUAGE IN THE AGREEMENT THAT ALLOWS FOR AN INCREASE IN THE RATE.
DO YOU WANT ME TO READ THAT? YEAH.
IF YOU READ THAT DIRECTLY FROM THE CONTRACT, BECAUSE THAT'S WHERE THAT'S PULLED FROM.
SO JUST TO STEP BACK, THE, THE AGREEMENT PROVIDES THAT, UM, THERE, THERE ARE CERTAIN SET AGREEMENTS IN THE AGREEMENT AND THAT THERE ARE ANNUAL INCREASES THAT ARE AUTHORIZED TO THE BASE RATE AND GALLONAGE CHARGE.
AND I GOT, I GOTTA PUT MY GLASSES ON FOR THIS, UM, BARRING AN UNFORESEEN CIRCUMSTANCE STANCE, BUT THAT RATE INCREASE IS EQUAL TO THE ANNUAL PERCENTAGE OF INCREASE IN THE CPI FOR ALL URBAN CUSTOMERS FOR THE SOUTHERN REGION, UM, OVER THE PERIOD OF THE CALENDAR YEAR, BUT NOT TO EXCEED 3%.
SO THERE IS A, UM, A, AN INCREASE IT AS AUTHORIZED, BUT NOT TO EXCEED 3% UNLESS IT'S FOR AN UNFORESEEN CIRCUMSTANCE.
AND SO AN UNFORESEEN CIRCUMSTANCES DEFINED IN THE AGREEMENT AS THERE'S AN EVENT OR A CIRCUMSTANCE THAT IS NOT WITHIN THE CONTROL OF MONARCH AND THAT IT COULD NOT HAVE BEEN AVOIDED WITH THE EXERCISE OF GOOD FAITH DUE DILIGENCE AND REASONABLE CARE.
SO IT HAS TO HAVE SATISFIED TWO THINGS.
[04:05:01]
ONE, IT CANNOT BE WITHIN THE CONTROL OF MONARCH, THE UNFORESEEN CIRCUMSTANCE.SO THAT WOULD BE SIMILAR TO SOME OF THOSE FORCE MADRID MEASURE CONCEPTS THAT YOU WOULD TYPICALLY SEE IN A CONTRACT LIKE AN ACT OF GOD, UM, STRIKES, UM, WEATHER EVENTS THAT MAY CAUSE DAMAGE TO SOMETHING THAT CAUSES THEM TO HAVE TO THEN PAY FOR THAT, THAT MAY INCREASE THEIR COST OF SERVICE TO CUSTOMERS, BUT NOT ONLY CAN IT BE OUTSIDE OF THEIR CONTROL, BUT, UM, IT COULD NOT HAVE BEEN AVOIDED BY THEIR EXERCISE OF GOOD FAITH, DUE DILIGENCE AND REASONABLE CARE.
SO LETTING EQUIPMENT LANGUISH AND NOT KEEPING IT UP FOR EXAMPLE, AND THEN IT BREAKS THAT'S THAT MAY NOT FALL WITHIN THE, UM, DEFINITION OF REASONABLE CARE.
AND THEN THERE'S ANOTHER LEVEL OF OVERSIGHT ON TOP OF THAT, WHICH IS THE COUNCIL.
SO IF THERE'S AN OCCURRENCE OF AN UNFORESEEN EVENT UNDER THE AGREEMENT, THE MONITOR HAS TO SUBMIT THAT REQUEST TO THE CITY COUNCIL DETAILING THE CIRCUMSTANCES.
SO IF THEY WANT TO GO ABOVE THAT 3% INCREASE, THAT'S AUTHORIZED, UM, THEY HAVE TO SUBMIT THAT REQUEST TO THE COUNCIL AND DESCRIBE WHAT THAT INFER SCENE CIRCUMSTANCE IS.
AND THE REASON WHY THAT THE RATE NEEDS TO BE ADJUSTED AND THE PERIOD OF TIME THAT THAT RATE ADJUSTMENT IS AN EFFECT AND THEY HAVE TO MAKE THAT SHOWING TO COUNCIL.
AND THEN COUNCIL GETS TO DETERMINE WHETHER THEY'VE MET THAT BURDEN OF DEMONSTRATING THAT THERE IS IN FACT, AN UNFORESEEN CIRCUMSTANCE, YOUR LIMITATION IS YOU CAN'T UNREASONABLY WITHHOLD YOUR APPROVAL.
SO, UM, IF YOU, THEY BRING FORWARD FACTS THAT ARE, UH, SUPPORT IT AND YOU AND YOUR WITH WITHHOLDING APPROVALS IS UNREASONABLE THAN, THAN THEY WOULD HAVE REASON TO ARGUE WITH, UH, WITH ABOUT, WITH YOU ABOUT IT.
HOWEVER, YOU CAN ARTICULATE WHY, AND IT'S REASONABLE, WHY YOU'RE DENYING THEIR REQUEST.
UM, THEN THAT SHOULD BE ABLE TO BE WITHHELD.
IF YOU FAIL TO ACT WITHIN 45 DAYS, IT GETS APPROVED.
THERE'S A, THERE'S A PROVISION FOR THEM TO DISPUTE YOUR FINDING THROUGH ARBITRATION.
UM, SO THOSE ARE THE PARAMETERS.
DOES THAT ANSWER YOUR QUESTION? YES.
SO, SO IS IT JUST, WHAT IS THE RATE INCREASE IF THEY WANT THIS YEAR, I GUESS IS THE FIRST QUESTION SO THE, THE RE I'M NOT SURE IF I CAN ANSWER WHAT THEY HAVE HERE IS THE RATE THAT THEY HAVE IN PLACE FOR JANUARY 1ST, 2021 IS THE MONEY MONTHLY MINIMUM CHARGES, 48, 69.
AND THE GALLONAGE CHARGED FOR THE FIRST 1000 TO 2000 GALLONS IS 7 37.
THAT'S THAT'S THE INFORMATION SET FORTH IN THIS AGREEMENT, BUT THAT WAS FOR LAST YEAR.
YEAH, THAT WAS FOR, THAT IS FOR LAST YEAR.
DO WE KNOW WHAT IT'S GOING TO BE FOR THIS YEAR? THIS IS JUST THE APPROVAL OF THE EXTENSION.
SO YOU'RE REQUESTING THE 3% INCREASE FOR 2022.
SO IT'S THREE GOOD WOULD BE 3% OF 48 69.
DO YOU HAVE THAT? CAN YOU PROVIDE THAT INFORMATION TO THEM PLEASE? I'M GOING TO ASK THEM TO PROVIDE THEM ALSO, I'M LOOKING AT THE AGREEMENT AND THE SIGNATURE BLOCK IS INCORRECT FOR THE LP MAYOR COUNCIL.
I'M THE DIRECTOR OF RATES AND REGULATORY FOR MONARCH.
AND, UM, THE QUESTION ABOUT WHAT THE RATE INCREASES THIS YEAR, UH, THE CPI FOR THE, UH, ALL URBAN CONSUMER FOR THE SOUTH REGION IS 6.6%.
AND THAT'S BASED UP OCTOBER OF THE PREVIOUS YEAR.
AND UNDER THE RATE STABILIZATION AGREEMENT, THE RATES WERE PROPOSED TO GO INTO EFFECT ANNUALLY, UH, AT THE BEGINNING OF THE YEAR.
SO JANUARY 1ST, THIS YEAR THEY'RE OBVIOUSLY DELAYED, BUT WE WOULD PROPOSE TO, TO INCREASE RATES 3%.
UH, ONCE THE CONTRACT WANTS TO RATE STABILIZATION AGREEMENT IS APPROVED.
AND I CAN, I CAN READ YOU THOSE RIGHTS.
I THINK THAT WAS THE ORIGINAL QUESTION.
THE BASE RATE WOULD GO UP TO $50 AND 15 CENTS.
THE GALLONAGE RATE FOR THE FIRST 2000 GALLONS PER THOUSAND GALLONS WOULD BE $7 59 CENTS.
THE NEXT TIER FROM 2000 GALLONS TO 10,000 GALLONS WOULD BE $9 AND 36 CENTS FROM 10,000 GALLONS TO 20,000
[04:10:01]
GALLONS.AND THEN ABOVE 20,000 GALLONS AS $11 30 CENTS.
SO IF I USE 300 GALLONS, DO YOU KNOW HOW MUCH THAT BILL WOULD BE THAT MONTH? YEAH, 300 GALLONS WOULD BE $50 AND 15 CENTS.
NOW, IF YOU USE 300,000 GALLONS, WHAT IS THE AVERAGE? UM, THE AVERAGE ACROSS OUR SYSTEM, I DON'T HAVE IT FOR, FOR, UM, RESIDENTS OF COWS SPECIFICALLY, BUT IT'S BETWEEN FOUR AND 5,000 GALLONS.
AND, UM, AN AVERAGE BILL AT 5,000 GALLONS, UH, WOULD BE ABOUT $96.
DO YOU KNOW WHY PEOPLE COMPLAIN ABOUT THEIR RATES, IF THEIR BILLS ONLY $96? I DO.
WOULD YOU LIKE TO SHARE THAT, UH, RESPECTFULLY I THINK MOST PEOPLE COMPLAIN ABOUT THE RATES BECAUSE THEY DON'T UNDERSTAND HOW THE RATES WERE SET.
AND, UM, BY WAY OF EXPLANATION IN TEXAS, UH, UTILITIES ARE REGULATED BY CITIES.
IF THEY PROVIDE SERVICE TO CUSTOMERS WITHIN THE CITY, IF THEY PROVIDE SERVICE TO CUSTOMERS OUTSIDE OF CITY, THOSE UTILITIES ARE REGULATED BY THE PUBLIC UTILITY COMMISSION, A STATE AGENCY THAT EMPLOYS ECONOMISTS, ENGINEERS, ACCOUNTANTS, UH, LAWYERS, AND ALL MANNERS OF PEOPLE.
WE RECENTLY COMMITTED, COMMITTED, EXCUSE ME, WE RECENTLY COMPLETED A, UM, ESSENTIALLY AN AUDIT.
DOES THAT MEAN, EXCUSE ME, A GENERAL RATE CASE WITH THE PUBLIC UTILITY COMMISSION FOR ALL OF OUR CUSTOMERS OUTSIDE OF THE CITY OF KYLE.
AND, UH, IT SPAN THREE YEARS, WE FILED IT IN 2020, AND IT WAS RECENTLY APPROVED IN FEBRUARY OF 2022.
AND THE RESULT OF THAT BASED ON OUR COSTS THAT WERE INCURRED IN 2019.
SO STALE, UH, WERE RATES THAT WERE ACTUALLY QUITE SIMILAR TO THE ONES THAT WE'RE PROPOSING FOR THE CITY OF KYLE.
SO RIGHT NOW OUR, OUR RATES FOR THE NON KYLE CUSTOMERS, UH, THE BASE RATE IS $48 AND 37 CENTS FOR THE CITY OF KYLE B $50 AND 15 CENTS A BILL AT 5,000 GALLONS FOR THE, UM, OUT OF CITY, CUSTOMERS WOULD BE $98 FOR THE CITY OF KYLE IS 96.
AND SO, UH, I'M SORRY, I EXPANDED A LITTLE BIT MORE THAN YOU PROBABLY WANTED, BUT TO ANSWER YOUR QUESTION, I THINK MOST PEOPLE COMPLAIN ABOUT THEIR RATES BECAUSE THEY DON'T UNDERSTAND HOW THEY'RE SET.
AND THAT THERE, EVEN THOUGH THIS IS A RATE STABILIZATION AGREEMENT, THAT THAT IS INCREASED ANNUALLY BY THE CPI, IT TRACKS VERY, VERY CLOSELY WITH THE ACTUAL COSTS THAT THE UTILITY INCURS.
SO I KNOW PEOPLE WHO LIVE OUT IN THAT SUBDIVISION AND THEY'VE HAD $600 BILLS AND IT'S JUST THEM AND A KID.
SO HOW DOES, AND THAT'S JUST, WHAT IS IT? THERE'S SEVERAL, YOU KNOW, WE'VE HEARD A LOT AND YOU KNOW, ANYTHING FOR ME OVER 150 SEEMS QUITE EXCESSIVE.
SO HOW IS IT THAT SEVERAL PEOPLE HAVE BILLS OVER TWO, $300? UM, IF A CUSTOMER USE 20,000 GALLONS, THEIR BILL UNDER THIS RATE STABILIZATION AGREEMENT IN 2022 WOULD BE $263.
IT CAN GET OVER A COUPLE OF HUNDRED DOLLARS IF YOU'RE USING 20,000 GALLONS OR MORE CERTAINLY IT CAN.
UM, HOW DO I EXPLAIN THAT? I DON'T THINK IT'S DIFFERENT FOR ANY OTHER UTILITY OR PROVISION OF A UTILITY SERVICE, WHERE IF YOU USE MORE THAN WHAT WOULD BE CONSIDERED AN AVERAGE AMOUNT, AND ESPECIALLY WHEN YOU HAVE INCLINING BLOCK RATES, WHICH IS WHAT YOU USE TO DESCRIBE THESE DIFFERENT TIERS, WHERE FOR EACH TIER OF USAGE, ESSENTIALLY A CUSTOMER GETS PENALIZED BY USING MORE WATER.
UM, AND I THINK THAT'S, UH, THAT'S IMPLEMENTED, ESPECIALLY IN TEXAS TO TRY TO FIGHT DROUGHT CONDITIONS AND TRY TO ENCOURAGE CONSERVATION.
AND I THINK THAT STRUCTURE PENALIZES PEOPLE WHO ARE LARGE USERS OF WATER, RATHER THAN THOSE WHO TRY TO CONSERVE, CAN YOU TELL ME HOW MUCH PROFIT MONARCH UTILITIES MADE LAST YEAR? DO YOU WANT A DOLLAR OR A PERCENTAGE, A DOLLAR? WOULD IT BE GOOD, PLEASE? SO CAN I DIRECT YOU, UM, SOMEWHERE, I DON'T
[04:15:01]
HAVE THE NUMBER OFF THE TOP OF MY HEAD, BUT I CAN DIRECT YOU.UH, WE FILE ANNUAL REPORTS THAT ARE FILED ANNUALLY AND THEY'RE SIMILAR THE ANNUAL REPORT THAT WAS JUST DONE.
UM, THEY AREN'T INDEPENDENTLY AUDITED.
IT'S NOT A FINANCIAL REPORT IN THAT SENSE, BUT SAY REGULATORY REPORT CONTAINS MOST OF OUR COMP UH, MOST OF OUR, UH, FINANCIAL INFORMATION.
WE FIND THAT WITH A PUBLIC UTILITY COMMISSION, THERE'S A DOCKET.
I DON'T KNOW WHAT IT IS FOR 2021.
UM, BUT I WOULD DIRECT, UH, IF YOU GO TO THE PUBLIC UTILITY COMMISSION WEBSITE AND THEN GO TO DOCKETS, YOU CAN FIND OUR ANNUAL REPORT ON THERE, AND I'D BE HAPPY TO FOLLOW UP AFTERWARDS WITH A LINK TO OUR REPORT.
NOW I'LL TELL YOU A LOT OF THE INFORMATION IN THERE IS CONFIDENTIAL AND TO ACCESS THAT INFORMATION, YOU'D NEED TO FOLLOW THE PROCESS OF THE PUC IN TERMS OF SIGNING A CONFIDENTIALITY WAIVER, WHATEVER THAT PROCESS IS.
UM, MAY I ADDRESS YOUR QUESTION MORE GENERALLY? SURE.
SO MORE GENERALLY, UM, UTILITIES EVEN PRIVATELY OWNED UTILITIES, OR I'D SAY, ESPECIALLY PRIVATELY OWNED UTILITIES, UM, UH, THEY'RE REGULATED.
AND AS PART OF THAT REGULATION, THEIR RATES ARE SET BASED ON THEIR COSTS.
PLUS A PROFIT MARGIN THAT PROFIT MARGIN IS I CAN TELL YOU VERY HEAVILY CONTESTED AND THE I'M USING THE TERM PROFIT MARGIN.
THE RATES ARE ACTUALLY SET BASED ON A, A RETURN, A PROFIT BASED ON THE CAPITAL THAT THE UTILITY HAS IN THE GROUND.
THE RATE BASED THE, THE INVESTMENT, ESSENTIALLY THAT THE UTILITY HAS IN THE GROUND IN ITS PLANT AND EQUIPMENT.
AND THAT, UM, THAT MARGIN, THAT, THAT RETURN IS IT'S NOT CAPPED PER SE.
UM, BUT IF WE ARE TO EXCEED THE ALLOWED AMOUNT, THE PUBLIC UTILITY CAN COMMISSION CAN CALL US IN AND MAKE US SHOW COSTS AND ESSENTIALLY, UH, FORCE US TO REFUND THOSE MINES.
NOW I'M BRINGING UP THE PUBLIC UTILITY COMMISSION QUITE A LOT.
AND I REALIZED THAT THAT FOR THE RESIDENTS OF THE CITY OF KYLE, THE PUBLIC UTILITY COMMISSION IS AN APPELLATE JURISDICTION.
WHEREAS THE CITY HAS ORIGINAL JURISDICTION.
I JUST BRING IT UP BECAUSE THE RATES IN THE CITY AND OUTSIDE OF THE CITY TRACK FAIRLY CLOSELY.
AND SO I THINK IT'S A, IT'S A BENEFIT ESSENTIALLY THAT YOU CAN RELY ON THIS AGENCY THAT HAS AUDITED OUR COSTS AND OUR PROFIT, AND, UM, AND BASICALLY EVERY ASPECT OF OUR BUSINESS.
AND YOU CAN KIND OF RELY NOT KIND OF, YOU CAN RELY ON THEIR EXPERTISE AND SEE THAT THAT COSTS ARE TRACKING IN THAT THE CITY OF KYLE CUSTOMERS ARE ACTUALLY GETTING LOWER RATES.
AND CAN YOU TELL US WHERE YOU GET YOUR WATER FROM? I KNEW THAT QUESTION WAS GOING TO COME UP.
UM, I LIVE IN THE CITY OF ROUND ROCK.
I THINK IT'S ROUND ROCK UTILITIES.
I'LL TELL YOU, I'M EMBARRASSED TO ADMIT MY WIFE KIND OF TAKES CARE OF THE BILLS.
I'M TIM WILLIFORD, VICE PRESIDENT OPERATIONS FROM MONARCH UTILITIES.
UM, THE GROUNDWATER, UH, BARNS, BARTON SPRINGS, EDWARDS AQUIFER GROUNDWATER CONSERVATION DISTRICT.
UM, AND FOR THE PLUM CREEK WATER SYSTEM, WE HAVE FOUR WELLS, UM, THAT ARE ALL ON THE WEST SIDE, ABOUT 35.
AND THEN WE HAVE AN INTERCONNECT WITH THE, UH, GUADALUPE B BRAZOS RIVER AUTHORITY.
SO WE HAVE SOME REDUNDANCY IN CASE THE WHALES GO DOWN, OR WE NEED TO TAKE ONE DOWN FOR MAINTENANCE.
THERE'S A, THOSE ARE THE TWO SOURCES.
UM, YOU GUYS DID A REALLY GREAT JOB ANSWERING MY QUESTIONS.
SO MY QUESTION IS ABOUT THE RATE INCREASE.
UM, THIS IS A ROLL FORWARD OF THE AGREEMENT THAT WAS LITIGATED AND NEGOTIATED AND SETTLED AND APPROVED BACK IN 2014.
UM, IT'S, IT'S A, UH, IT'S A ROLLOVER OF THAT AGREEMENT.
AND SO WE DIDN'T SEE REASON TO CHANGE THAT A PERCENTAGE INCREASE.
SO IT'S SOMETHING THE, UH, IN THE CONTRACT THAT THE CITY IS SPECIFYING GREG PAGE 3% IS WHAT WAS APPROVED IN THE SETTLEMENT AGREEMENT SET IN 2014.
SO IT'S SOMETHING THAT IS, WOULD YOU SAY THAT'S BEYOND OUR CONTROL SINCE IS OUR ONE AGREEMENT CAUSE THERE WAS LEGAL BEHIND IT AT THE TIME THAT IT WAS NEGOTIATED.
[04:20:01]
THERE WAS ALSO A PROVISION THAT ALLOWED FOR AN EXTENSION FOR FIVE YEARS UPON MUTUAL AGREEMENT.UM, IF YOU WISH TO NEGOTIATE SOMETHING DIFFERENT, THAT'S OPENING UP A LOT OF NEGOTIATIONS, I WOULD SAY, UM, THAT WOULD EXTEND THE TIME FOR DISCUSSION OF THIS.
UM, BUT AT THE TIME THAT I IMAGINE AT THE TIME THAT IT WAS APPROVED, THAT 3% WAS EVALUATED BY BOTH SIDES AND SETTLED ON IS SOMETHING APPROPRIATE AT THAT TIME.
AND THEN CONSIDERATION WAS PUT INTO PLACE FOR AN EXTENSION OF THE AGREEMENT ON THE TERMS ON THE SAME TERMS AND CONDITIONS AS SET IN 2014, THAT 3% WILL BE YEARLY FOR FIVE YEARS.
UNLESS THEY COME AND THEY REQUEST AND SOMETHING LARGER FOR AN UNFORESEEN CIRCUMSTANCE YEAH.
SO WHAT THEY'RE TELLING ME IS THAT THAT'S A CAP, SO THAT'S THE MAXIMUM, FORGIVE ME A MOMENT.
SO THE CPI IS SET ON THE LOWER OF 3% OR THE ACTUAL CPI FOR ALL OUR URBAN CUSTOMERS OF THE SOUTHERN REGION AS PUBLISHED BY THE BUREAU OF LABOR STATISTICS.
SO THAT CPI GETS PUBLISHED EVERY YEAR.
AND, UH, IF IT'S LOWER THAN 3% AND THAT'S THE MAXIMUM, THEY COULD INCREASE THE RATES BY.
ANYONE ELSE? WE'VE GOT TO GET CUTS RAILS.
I THINK YOU DID A GREAT JOB ANSWERING THE QUESTIONS AS WELL.
AND THANK YOU PAGE FOR THE CLARITY.
UM, SO I JUST WANT TO HAMMER DOWN A LITTLE BIT ON WHAT YOUR HUNTSMAN AND RIZZO WAS SAYING THAT, UM, I KNOW YOU SAID YOU SOUNDED LIKE YOU DIDN'T WANT TO GO THERE, BUT I'M GONNA MAKE YOU GO THERE A LITTLE BIT.
SO IF WE, UH, IF THE CITY WANTED TO SEE A MAX RATE, UH, NOT TO EXCEED SAY 2%, UM, THEN WE'D HAVE TO GO BACK THROUGH A LITIGATION PROCESS OF SOME SORT THAT WE DID IN 2014 WOULD BE A SIMILAR PROCESS.
WELL, MY FIRST QUESTION WOULD BE TO THE UTILITY TO SEE IF THAT WOULD BE SOMETHING THAT THEY WOULD AGREE TO THAT YEAH, THAT THAT WOULD BE SOMETHING TO ASK IF THAT COULD BE NEGOTIATED WITHOUT THE NEED TO LITIGATE.
ARE YOU ALL OPEN TO ANYTHING LESS THAN 3%? I ALSO ANTICIPATED THAT QUESTION AND I APOLOGIZE, I'M NOT AUTHORIZED TO NEGOTIATE, UH, AT THIS MEETING, BUT HAPPY TO ANSWER YOUR QUESTIONS.
SO WHO WOULD BE AUTHORIZED TO MAKE SUCH A DECISION WITH MONARCH? UH, ULTIMATELY THAT WOULD BE OUR, UH, PRECEDENT OF THE TEXAS BUSINESS UNIT THAT WOULD, UH, AGREE AND AUTHORIZE THAT.
AND HAVE WE, AS A CITY REACHED OUT TO THAT PARTICULAR INDIVIDUAL, UM, THE ONLY OTHER THING I HAD SPECIFICALLY, AND IF I COULD ASK, JUST TO BE CONCISE FOR ME PLEASE, UH, MS. AFFINITY OR MS. RUSH, YOU MADE A COMMENT EARLIER ABOUT TAKING A STEP BACK.
I ASSUME IT'S JUST ALL ABOUT THIS RATE INCREASE BECAUSE YOU DID MAKE A MENTION MS. RUSH ABOUT, UH, ITEMS 11, 12, AND 13 BEING SOMETHING THAT HAS BEEN DESIRED TO BE IN THE CONTRACT IN PRIOR YEARS.
SO I'M ASSUMING THE THING THAT IT WOULD A COMMENT WAS MADE ABOUT TAKING A STEP BACK IT'S IT'S RELATIVE TO THIS 3% RATE INCREASE.
AND SO I GUESS, WHAT IS IT THAT YOU ALL SEE COULD BE IMPROVED IN THIS CONTRACT ESSENTIALLY BEYOND WHAT I'M ALREADY ASKING RIGHT NOW? OBVIOUSLY WE WON'T LOWER WATER BILLS, HOW WE GET THERE IS ANOTHER QUESTION.
WELL, BEFORE I GET TO WHAT YOU ASKED SPECIFICALLY, JUST REMEMBER 3% IS 3% COMPOUNDED.
WE SHOULD ALL BE EARNING THAT MUCH ON OUR SAVINGS ACCOUNTS, UM, WHICH WE'RE DONE, BUT I'M SO OLD.
I REMEMBER WHEN I USED TO GET 1%, UM, AND LOANS WERE PROBABLY LIKE 10%, RIGHT.
I'M GOING TO SPEAK FOR MYSELF.
I WANT PARITY WITH WHAT IS HAPPENING
[04:25:01]
WITH CITY, WATER CUSTOMERS AND SEWER CUSTOMERS AND PARITY WITH WHAT WE'RE PAYING.WE DIDN'T, YOU KNOW, I MEAN, I THINK THAT'S FAIR.
DOES THAT ANSWER YOUR QUESTION? WHAT I'D LIKE TO SEE? AND I THINK THERE ARE WAYS TO GET THERE AND, AND I'D BE HAPPY TO TALK TO YOU ABOUT THEM LATER, BUT YEAH.
PARODY PAGE, WHERE ARE WE AT WITH THE 45 DAY WINDOW? THIS IS JUST A, YEAH, THIS, THIS WAS NOT A 45 DAY WINDOW ISSUE.
THIS IS A X THEY'VE REQUESTED THAT THE AGREEMENT BE EXTENDED BY FIVE YEARS.
SO THEY'RE TRYING TO EXERCISE THAT FIVE-YEAR EXTENSION CLAUSE, THE RATING GREECE.
I WOULD LIKE TO MAKE A RECOMMENDATION TO POSTPONE AGENDA ITEMS 34 AND 35 AND GIVE STAFF DIRECTION TO, UH, ENGAGE WITH MONARCH UTILITIES, UH, WITH THE, SORT OF THE OBJECTIVES THAT HAVE BEEN OUTLINED HERE, UH, ON THIS DI'S MOTION BY THE MAYOR.
SECOND BY CUSTOMER FLOOR SCALE, UH, THE, THE ITEM WILL COME BACK AT THE NEXT MEETING THOUGH, I WOULD ASSUME OR, OR KNOW WHAT IS YOUR THOUGHTS ON WHEN IT SHOULD COME BACK? AS SOON AS WE CAN GET TOGETHER AND START NEGOTIATING, IT MAY TAKE LONGER THAN ALL RIGHT.
WELL, WE'LL LEAVE THAT TO THE DISCRETION OF THE CITY MANAGER TO, TO, TO BRING THAT BACK.
IS THERE ANY OTHER DISCUSSION THAT'S WHERE JUST REAL QUICK, WHY WASN'T THIS NEGOTIATION DONE FROM THE BEGINNING WHEN WE ALREADY KNOW THAT THESE WERE A RATE INCREASES? WHY, WHY IS IT NOW THAT WE'RE GOING BACK TO SALES TO NEGOTIATE THIS WHEN THIS HAS BEEN GOING ON FOR SO LONG? UH, I, YOU KNOW, NOW IT'S LIKE, WE'RE, WE'RE BRINGING IT BACK, BUT NOW IT'S LIKE, WE, WE, NOW WE KNOW THAT WE, WE HAVE THE INCREASE IN IT.
IT'S, YOU KNOW, THERE'S A LOT OF PEOPLE IN THIS NEIGHBORHOOD THAT ARE ON A VERY FIXED INCOME.
SO I'M JUST TRYING TO UNDERSTAND WHY WE'RE RENEGOTIATING FROM THE BEGINNING.
TH THE SHORT ANSWER I CAN OFFER IS IT'S, THIS WAS THE RATE IN THE NEGOTIATED SETTLEMENT, EVEN THOUGH THAT NEGOTIATION PERIOD HAS ELAPSED THE DIRECTION TO RENEGOTIATE, THAT RATE REALLY OUGHT TO COME FROM THE COUNCIL, NOT FROM STAFF ABOUT TO GET IT ONE POINT OF CLARITY.
UM, I APOLOGIZE, Y'ALL MAY ALREADY UNDERSTAND THIS, BUT IN TERMS OF, UH, WHY WASN'T THIS NEGOTIATED FROM THE BEGINNING? SO THE RATE WAS NEGOTIATED IN 2014, THE INCREASES HAVEN'T BEEN 3% EVERY YEAR.
THEY HAVEN'T BEEN ANYWHERE CLOSE.
UM, OVER THE LAST FIVE YEARS, IT'S ONE AND A HALF TO 2.1, 1.3 AND 1.3, THE CPI FOR LAST FALL WAS 6.6.
AND SO WE'D BE COMING IN WITH A 3% THIS YEAR.
AND I, I APOLOGIZE THAT, THAT DIDN'T QUITE ANSWER YOUR QUESTION.
I WASN'T SURE IF YOU'RE ASKING WHY WASN'T THE WHOLE CONTRACT NEGOTIATE, OR WHY WASN'T THE 3% CAP SPECIFICALLY NEGOTIATED THIS? THE 3% CAP SPECIFICALLY WAS NEGOTIATED AFTER A LONG AND COSTLY LITIGATED PROCESS IN 2014, THIS IS TRYING TO EXTEND THAT PROCESS OR NOT EXTEND THE PROCESS, AVOID THE PROCESS, EXCUSE ME.
WELL, I JUST WOULD SAY FOR MYSELF WITH REGARDS TO MONARCH MONARCH COUNTY LINE AND OTHER WATER PROVIDERS IN THE, UM, YOU KNOW, IN THE AREA, UH, I THINK PURSUING PARODY, UH, WITH THE CITY MAKES A LOT OF SENSE, WHICH THE RESIDENTS MAY LIKE THAT, BUT THE, YOU KNOW, BEING FRANK WE'VE INCREASED OUR WATER RATES, UH, MANY TIMES THROUGH THE YEARS TO PAY FOR INFRASTRUCTURE AS WELL.
UH, WE HAVE AN ACCOUNTABILITY PROCESS THAT'S BUILT IN THAT'S A LITTLE DIFFERENT THAN SOME OF THESE, UH, PRIVATE WATER PROVIDERS.
SO THIS DOES GIVE US THAT ABILITY TO ADVOCATE ON THEIR BEHALF IN THIS PARTICULAR SETTLEMENT, UH, OR, UH, ISSUE, WHICH I KNOW, UH, OBVIOUSLY HAS A WHOLE LOT OF HISTORY TO IT.
SO, UH, UH, I KNOW WE GOT TO GET TO A SOLUTION ON THIS AS WELL.
SO, UM, THIS WILL KICK IT OFF THOUGH.
IS THERE FURTHER DISCUSSION? JUST ONE LAST QUESTION.
SO YOU TALKED ABOUT THIS GOING BACK TO JANUARY 1ST, SO WOULD, ONCE WE APPROVE THIS CONTRACT, WILL THE RESIDENTS GET A BILL FOR WHAT'S OWED FROM JANUARY? NO, THE, IT WOULD BE GOING FORWARD ONLY THE EFFECTIVE DATE, THE EFFECTIVE DATE WOULD NOT BE JANUARY 1ST, 2022.
IT WOULD BE FOR THE FIRST METER READ AFTER APRIL 18TH, OR, YOU KNOW, SO ON.
THANK YOU FOR THAT CLARIFICATION.
SO THIS IS ON ITEMS 34 AND 35 TO BE CLEAR, A MOTION TO POSTPONE, FURTHER DISCUSSION.
[04:30:01]
UM, THE SIGNATURE BLOCK REFLECTS TEXAS WATER SERVICE AND NOT MONARCH UTILITY? YEAH.PUT THE, YOU GOTTA PUT THE GERALD PARTNER IN THERE AT
YOU'RE GOING TO, YOU'RE GOING TO GET YOUR CHANCE.
MOTION TO POSTPONE CARRIES SEVEN TO ZERO.
[Items 36 & 37]
UH, ALL RIGHT.UH, ITEM IS 36 AND 37 ARE BOTH CHANGE ORDERS RELATED TO OUR PARKS.
I'M GOING TO BRING THEM BOTH UP AT THE SAME TIME.
IF THERE'S NO OBJECTION, UH, ITEM 36 CONSIDERING POSSIBLE ACTION TO APPROVE CHANGE ORDER NUMBER NINE, THE AMOUNT OF $151,394 AND 78 CENTS FOR STODDARD GENERAL CONTRACTORS FOR ADDING THE CONSTRUCTION OF A LIFT STATION FOR THE VERDE PARK PROJECT AND ITEM 37.
CONSIDER POSSIBLE ACTION TO APPROVE CHANGE ORDER NUMBER 10, UH, IN THE AMOUNT OF $236,630 FOR CADENCE MCSHANE CONSTRUCTION COMPANY FOR THE HERO'S MEMORIAL PARK PROJECT.
THANKS AGAIN FOR HAVING US, IF IT'S OKAY WITH YOU.
I'D ACTUALLY LOVE TO START WITH ITEM NUMBER 37.
CAN WE GO WITH THAT ONE FIRST? UM, I KNOW YOU'VE HEARD ME SAY THIS MANY TIMES BEFORE, BUT I HAVE GOOD NEWS.
AND THE GOOD NEWS IS THAT I'M THE SENIOR PROJECT LEAD FOR CAIN'S MACHINE HAS VERY GENEROUSLY, UH, DURING THE, ACTUALLY THE COURSE OF THIS MEETING OFFERED TO CUT THE OVERHEAD AND PROFIT ON THIS CHANGE ORDER IN HALF SAVING THE CITY ALMOST $21,000.
SO IF THAT'S NOT A TESTAMENT TO THE KIND OF CONTRACTOR WE HAVE IN CADENCE MACHINE, I DON'T KNOW WHAT IS WE JUST, I JUST WANT TO REALLY SING THEIR PRAISES AND SAY, WE LOVE DEALING WITH THESE GUYS AND THEY'RE TERRIFIC TO WORK WITH.
AND, UH, THE NEW NUMBER RATHER THAN 2 36, 6 30, YOU'RE GOING TO BE LOOKING AT IS 2 15, 6 43 AND 50 CENTS TO 15, 6 43 AND 50 CENTS.
AND THANKS TO SCOTT GERMAN AND CADENCE MCSHANE FOR BEING WILLING TO DO THAT.
WELL, I, I WILL, I ACTUALLY WANT TO INTERRUPT YOU BEFORE YOU KEEP GOING AND SAY THAT I INTERACT WITH A LOT OF, UH, YOU KNOW, CONTRACTORS AND, UH, DOING, DOING WORK FOR DIFFERENT PROJECTS.
AND, UH, THE CADENCE MCSHANE CREW OUT AT HERO'S MEMORIAL PARK HAS BEEN THE MOST IMPRESSIVE GROUP THAT I'VE DEALT WITH, UH, THROUGHOUT THE CITY.
SO I'VE, FOR MYSELF, I'VE BEEN VERY IMPRESSED IN PARTICULAR WITH THE CARE AND THE DESIRE TO MAKE A, THAT, THAT PROJECT BE WHAT IT'S INTENDED TO BE.
SO I HAVE MORE CONFIDENCE IN H AND P COMING TO FULL FRUITION THAN MAYBE ANY, ANY PROJECT WE HAVE.
SO LET'S SAY THAT THEIR STATE THAT, SO I'M SURE THEY APPRECIATE THOSE WORDS THERE.
UM, SO THAT'S THE NUMBER, UM, W THE WAY THIS HAPPENED GUYS, IS THAT WE HAD A VALUE ENGINEERING TARGET THAT WAS PUT TOGETHER AT THE BEGINNING OF THE PROJECT.
THE GOAL INITIALLY WAS TO VALUE ENGINEER, A MILLION DOLLARS OUT OF THE HERO'S MEMORIAL PROJECT IN ORDER TO GET THERE.
THERE WERE A NUMBER OF VALUE ENGINEERING ITEMS, LINE ITEMS THAT WERE PROPOSED, SOME ACCEPTED, SOME DENIED, UH, THE, THIS ONE IN PARTICULAR IS FOR VALUE ENGINEERING THROUGH A SUBMITTAL PROCESS.
UM, THE GOAL THERE WAS TO WAS SORT OF TWO PART.
WE HAD A TYPICAL VALUE ENGINEERING THROUGH SOME MIDDLE PROCESS OF MAYBE GETTING, YOU KNOW, UH, EQUAL, EQUAL ALTERNATIVES THROUGH SUBSTITUTIONS, OR, UM, JUST, YOU KNOW, ALTERNATE VENDORS FOR PROPOSED ITEMS, UM, MATERIALS AND CONSTRUCTION.
UNFORTUNATELY, THE MARKET HAS CONTINUED ON ITS TRAJECTORY UP AND SET OF, SO IT'S, IT'S VERY, VERY DIFFICULT TO REALIZE SAVINGS THROUGH SUBMITTAL, THROUGH MATERIALS, AND CERTAINLY LEAD TIMES HAVE JUST, JUST GONE WILD.
SO WE WEREN'T ABLE, WE REALLY WEREN'T ABLE TO REALIZE ANYTHING BY WAY OF, UH, THAT TYPE OF SUBMITTAL SAVINGS.
HOWEVER, THROUGH OUR TDS PARTNERSHIP, UH, TEXAS DISPOSAL SYSTEMS, WE WERE ABLE TO REALIZE A NUMBER OF $87,668, WHICH LEFT US WITH A, UH, BOGEY OF 1 94, 6 57, AND WITH THE REDUCED OVERHEAD AND PROFIT ON TOP OF THAT, THE NEW NUMBER IS 2 15, 6 43 AND 50 CENTS.
THAT NEEDS TO BE PUT BACK INTO THE CONTRACT FOR HEROES MEMORIAL PARK.
UM, AND I'M HAPPY TO TAKE YOUR QUESTIONS.
UM, YOU WANT TO GO AHEAD AND GO THROUGH LAVERDE, WE'VE OPENED THEM BOTH UP.
SO WITH THIS ONE, WE HAD A ONE, INITIALLY WHAT WE HAD, LET ME JUST PUT IT UPRIGHT.
HERE WAS A $194,538 CHANGE ORDER FROM STODDARD CONSTRUCTION.
IT WAS FOR A, A DESIGN OMISSION, UH, PARTIAL DESIGN OMISSION, UH, THAT WAS, UH, INCOMPLETE DESIGN.
UH, IT WAS RFID THROUGH A STANDARD REQUEST FOR INFORMATION PROCESS, UH, THE DESIGN TEAM REVIEWED IT AND GOT BACK TO THE CONTRACTOR.
UNFORTUNATELY, THE DESIGN REVIEW AND SUBSEQUENT REDESIGN TOOK TOO LONG AND PUSHED OUT THE CONTRACT AND AN ADDITIONAL 43 DAYS, WHICH RESULTED IN AN EXTENDED GENERAL CONDITIONS, UM, IN THE AMOUNT OF $76,616.
SO A SIGNIFICANT NUMBER IN DELAY COSTS DUE TO DESIGN REVIEW TIMES.
[04:35:01]
AND WE EVALUATED THIS INITIALLY, WHEN THIS WAS PROPOSED IN EARLY JANUARY, WE IMMEDIATELY PUT IT ON HOLD THROUGH A CONSTRUCTION CHANGE DIRECTIVE.THAT WAS AN INITIATIVE THAT HCM PUT INTO PLACE SO THAT WE COULD STOP THE KIND OF THE CLOCK TICKING ON THAT DELAY EVERY DAY THAT WE DIDN'T APPROVE IT WOULD HAVE BEEN ADDITIONAL EXTENDED GENERAL CONDITIONS TO THE CITY.
AND WE DID NOT WANT TO SEE ALL IN COURT MORE COSTS WHILE WE WERE REVIEWING THIS.
SO WE STOPPED THE BLEEDING AND WE SAID, WE WILL EVALUATE IT DURING THAT EVALUATION PROCESS.
AND THE DESIGN TEAM LOOKED AT EVERYTHING.
I LOOKED AT EVERYTHING, OUR PROJECT TEAM AS A WHOLE REVIEWED IT.
WE WERE ABLE TO GO BACK AND RENEGOTIATE THE WORK ITSELF, UH, DOWN AND THE DAYS WERE ACCEPTED BY THE DESIGN TEAM AS FAIR AND EQUITABLE, UM, REASONABLE, UH, FOR THE WORK REQUIRED.
AND THE NEW NUMBER NEGOTIATED DOWN FROM 1 94 WAS 1 51, 3 94 AND 78 CENTS.
UH, AND THAT IS THE, THAT IS THE CHANGE ORDER THAT SITS BEFORE YOU TODAY.
I DO WANT TO CLARIFY THAT IS ACTUALLY NOT A TRUE CHANGE ORDER.
WHAT WE ARE ACTUALLY PROPOSING HERE IS REALLY JUST A CONTINGENCY DRAW.
WE HAVE ENOUGH MONEY IN CONTINGENCY TO PAY THIS.
WE ARE, WE ARE PREPARED TO DO IT.
AND THE DESIGN TEAM HAS RECOMMENDED THAT WE MOVE FORWARD WITH THAT.
SO YOUR, UH, ESTIMATION ON BOTH OF THESE PARTS, THIS WILL BE THE SORT OF THE SECOND MAJOR TIME WE'VE INCREASED THE BUDGET BY HOWEVER, HOWEVER MUCH, BUT BASED ON WHERE THESE PROJECTS ARE AT AND THE ISSUES COMING DOWN AS WE'RE CONCLUDING THEM, YOU THINK THIS IS THE LAST TIME THAT WE WILL HAVE TO MAKE THESE KINDS OF VOTES.
UH, YOU KNOW, IT'S, IT'S, IT'S IMPOSSIBLE TO SAY.
I CAN'T, I CAN'T, I DON'T HAVE A CRYSTAL BALL, MAN.
I REALLY DON'T, BUT I WILL TELL YOU, YOU'RE NOT ANTICIPATING BRINGING ANYTHING BACK AT THIS.
HAVE NOT AT THIS POINT, I'VE, THERE'S NOTHING TOWARDS THE END OF THIS.
I MEAN, TRULY, THERE'S NOTHING ELSE THAT I AM I'M CRACKING.
THERE WAS NOTHING ELSE I'M TRACKING AT THIS POINT, UM, THAT IS, UH, GIVING ME ANY CAUSE TO GO CAUSE FOR CONCERN BY WAY OF THAT WORD.
AND ABOUT 82%, I KNOW LEON GAVE AN UPDATE.
I THINK THAT THERE IS A MORE UPDATED NUMBER ON PERCENTAGE COMPLETE.
THERE'S MORE BY 82% ON HEROES PARK.
WE'RE JUST OVER 50, MAYBE 53% ON LIBERTY.
SO NOT AS FAR AHEAD, WE HAVE A RECOVERY SCHEDULE IN PLACE, AGAIN, BARRING ANY UNFORESEEN OR ACTIVE GOD CONDITION.
I DON'T HAVE ANYTHING SITTING TOP OF MIND.
THAT'S, UM, OF MAJOR CONCERN THAT WOULD CAUSE US TO HAVE TO COME BACK AND RELATED TO THE DESIGN OMISSION AND THE COST ASSOCIATED WITH THAT DESIGN ON MISSION.
THAT'S SOMETHING WE'RE STILL GOING TO BE PURSUING TO MAKE SURE THAT WE'RE LOOKING AT THAT AND PURSUING ANY OTHER REMEDIES THAT ARE AVAILABLE TO US TO DO THAT, TO MAKE SURE WE'RE NOT, YOU KNOW, IF IT'S SOMETHING THAT IT NEEDED, IT NEEDED IT, BUT YOU UNDERSTAND WHAT I'M SAYING? I DO.
AND JUST TO I'LL SPEAK TO THAT VERY BRIEFLY WITHOUT GETTING INTO TOO MUCH DETAIL.
WHEN WE, THE FIRST THING WE DID WAS JUMP IN AND DO A FORENSIC ANALYSIS ON THIS THING.
AND WE, WE DOCUMENTED EVERYTHING IN A VERY DETAILED TIMELINE FROM WHEN IT STARTED TO WHEN IT ENDED AND HOW IT WENT AND, YOU KNOW, WHOSE COURT IT WAS IN AT ANY GIVEN POINT, WE KNOW EXACTLY WHERE THIS THING WAS FROM THE TIME IT STARTED TO THE TIME IT ENDED, WHOSE COURTS IT WAS ENEMY.
WE HAVE, WE HAVE CORRESPONDENCE FROM ALL RESPONSIBLE PARTIES ADMITTING IT'S ALL WE HAVE IT ALL.
SO WE'RE GOING TO TALK WITH WHOEVER WE NEED TO TALK WITH ON THE CITY SIDE.
AND, UH, WE CAN HAVE THOSE DISCUSSIONS AT A LATER TIME.
I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 36 AND 37 AND CHANGE THE AMOUNT ON ITEM 2 37 TO $215,643 AND 50 CENTS.
MOTION BY THE MAYOR SECONDED BY COUNCILLOR ELLISON.
IS THERE DISCUSSION ON THE MOTION, CUSTOMARY PARSLEY, UM, EXTENDED GENERAL CONDITIONS? WHAT IS THAT? UM, EXTENDED GENERAL CONDITIONS ARE ESSENTIALLY THE OPERATING COSTS OF A CONTRACTOR TO RUN A SITE.
SO THINGS LIKE, UM, COSTS OF PERSONNEL MANAGEMENT PERSONNEL ON THE SITE, THE TRAILER, UM, YOU KNOW, THE COST TO HAVE A FENCE AROUND THE SITE, UM, FOR, TO JOHNS AND THE LIKE, SO SALARIES WOULD BE ONE OF THE MOST COSTLY THINGS.
EXTENDED GENERAL CONDITIONS CAN RANGE IN COSTS ANYWHERE FROM, I MEAN, DEPENDING ON THE PROJECT SIZE FROM, YOU KNOW, IN THE HUNDREDS TO THE TENS AND EVEN HUNDREDS OF THOUSANDS, DEPENDING ON THE SIZE OF THE PROJECT PER DAY.
SO WHEN YOU LOOK AT, UH, SCHEDULE DELAYS, THAT'S WHY EVERYONE IS SO CRAZY ABOUT CONSTRUCTION SCHEDULE BECAUSE ON THE ONE HAND, A LOT OF TIMES BUILT INTO YOUR CONTRACT AND IT KIND OF, IT VARIES CONTRACT TO CONTRACT.
YOU HAVE TWO MECHANISMS THAT ARE ENFORCEABLE.
OFTENTIMES ONE IS CALLED LIQUIDATED DAMAGES.
THE OTHER IS EXTENDED GENERAL CONDITIONS.
IF A PROJECT GOES LATE AND IT'S NOT YOUR FAULT, YOU CAN CHARGE A CONTRACTOR WITH SOMETHING CALLED LIQUIDATED DAMAGES AS A PER DAY COST FOR EVERY DAY.
IF YOU'RE LATE AND IT'S THE OWNER'S FAULT, THEN ULTIMATELY THEY CAN HIT YOU WITH WHAT'S CALLED EXTENDED GENERAL CONDITIONS FOR THEIR OPERATING FEES TO PAY THEIR STAFF THE EXTENDED TIME THAT THEY'RE GOING TO HAVE TO BE ON THE SITE TO CARRY THE COST OF THE TRAILER, THE FENCE, AND ALL THAT.
HO DOES THAT ANSWER HOPEFULLY? YES.
SO, I MEAN, JUST LOOKING AT THE NUMBER AND I AC THE INSTALL LIFT STATION 66,000 IS PUMP 3000
[04:40:01]
CRANE, 3,500.SO I JUST DIDN'T KNOW WHERE THAT NUMBER MAN.
AND IS, IS THIS NUMBER AS HIGH AS IT IS BECAUSE OF THE DELAY? THAT'S CORRECT.
THAT NUMBER REPRESENTS 43 DAYS IN EXTENDED GENERAL CONDITIONS.
YES, MA'AM AND THAT'S WHAT WE ARE NOT GOING TO BAKE.
WELL THAT, SO THAT IS WHAT THE CITY IS AUTHORIZING TO PAY TODAY.
WE ARE GOING TO HAVE A SUBSEQUENT CONVERSATION ABOUT WHAT THE CITY, WHAT THE OPTIONS ARE TO THE CITY AFTER THAT.
BUT THIS WAS DATED JANUARY 6TH.
THE INITIAL CHANGE ORDER WAS DATED JANUARY 6TH.
THE UPDATED JAN CHANGERS DATED JANUARY 6TH, I GUESS, OR NO, THIS ONE MUST HAVE BEEN, THEY MUST HAVE UPDATED IT AND JUST NOT CHANGE THAT DATE BECAUSE THAT CAME AT A LATER DATE.
SO THE REVISED CAME AT A LATER DATE.
I THINK THEY JUST DIDN'T CHANGE THE DATE BECAUSE THE INITIAL ONE I BELIEVE CAME, LET'S SEE IF I'M RIGHT.
I ACTUALLY HAVE THE ORIGINAL ONE DATED JANUARY 13TH, THIS, SO WHAT YOU'RE LOOKING AT THAT, THAT ONE, SIX NUMBER THAT WAS WHEN THIS SPREADSHEET MUST'VE BEEN PUT TOGETHER.
ULTIMATELY I THINK THE ACTUAL TITLE PAGE ON HERE IS DATED TWO EIGHT.
SO JOE, SO FEBRUARY 8TH IS WHEN WE GOT THE REVISED NUMBER OF 1 51 AFTER, AFTER WE WENT THROUGH WITH THE ENGINEERING AND DESIGN TEAM AND THE CONTRACTOR TO REWORK THIS AND FIGURE OUT HOW WE CAN GET THE COST OF WORK DOWN TO ESSENTIALLY OFFSET THE COST OF DAYS.
THAT WE'VE WEEK, WE THEN INCURRED THAT'S JUST $67,000.
WELL, WE, WE ARE FULLY PREPARED TO WORK WITH YOU TO HELP EXPLAIN YOUR OPTIONS.
I DON'T, I JUST, I DON'T WANT TO GET INTO TOO MUCH DETAIL HERE.
I JUST DON'T KNOW IF IT'S APPROPRIATE, BUT I PROMISE YOU, WE HAVEN'T PLANNED FOR THAT.
I DON'T HAVE MORE, UM, THAT'S KIND OF DISHEARTENING TO HEAR.
THERE'S NOTHING THAT YOU CAN'T SAY IN FRONT OF US THAT YOU SHOULDN'T BE ABLE TO SAY IN FRONT OF EVERYBODY.
BUT, UM, SO MY FIRST QUESTION IS THIS IS GOING TO GET PAID OUT OF THE CONTINGENCY DRAW, CORRECT? THIS IS GOING TO COME OUT OF CONSTRUCTION CONTINGENCY.
SO WHERE DID THAT ORIGINAL CONTINGENCY MONEY COME FROM? THE ORIGINAL CONTINGENCY CAME FROM INITIAL CONTINGENCY PLUS INFLUX FROM COUNSEL A NUMBER OF MONTHS AGO.
SO WHO DO I ASK PEREZ? I'M SORRY.
THAT'S WHAT I WANT TO HEAR EVERY SINGLE TIME.
SO THIS CONTINGENCY DRAW CAME FROM THE GENERAL FUND.
UM, HOW MUCH IS IN THAT CONTINGENCY DRAW? THE INITIAL CONTINGENCY INFLUX.
THAT WAS, YOU'RE TALKING ABOUT THE INFLUX OF YOU GUYS GRANTED MONTHS AGO, IS THAT RIGHT? HM.
WHATEVER AMOUNT CAME FROM THE GENERAL FUND TO GO INTO THIS CONTINGENCY.
MA'AM GIVE ME ONE MOMENT PLEASE.
LUCKILY I HAVE INTERNET ALL LINED UP.
THE AMOUNT GRANTED BY COUNSEL IN THE AMOUNT OF $245,750.
SO WHAT IS A CONTINGENCY FUND? USEFUL? I CONTINGENCY FUND IS USED FOR THINGS JUST LIKE THIS, UM, CHANGE ORDERS, UM, OR CONTINGENCY DRAWS, UM, UNFORESEEN CONDITIONS, UM, DESIGN ERRORS, OR OMISSIONS, THINGS THAT HAVE TO GET PUT BACK INTO THE DESIGN THAT JUST WERE MISSED UPFRONT, UM, THINGS OF THAT NATURE, OR THEY, IT CAN ALSO BE USED FOR BETTERMENTS AND WE HAVE, IN SOME CASES USED IT FOR CITY REQUESTED, UM, ADS OR, YOU KNOW, OKAY.
SO HOW MUCH IS IN THERE NOW? OKAY.
CURRENTLY WHAT'S THE REMAINING IN OUR CONTINGENCY FOR LIBERTY.
WE ARE AT 2 11, 8 36 AND 10 CENTS.
THAT'S TWO THAT $211,836 AND 10 CENTS.
AND HOW ARE YOU GOING TO PAY THE CONTINGENCY BACK SO THAT YOU CONTINGENCY DOESN'T GET PAID BACK IT, GET IT'S IT'S USED FOR THESE THINGS.
IT'S NOT, IT'S NOT SOMETHING YOU NEED TO REPAY.
YOU NEED TO JUST, YOU NEED TO USE IT.
YOU NEED TO HAVE A CONTINGENCY UPFRONT THAT HOPEFULLY IS BIG ENOUGH TO ENCAPSULATE ALL OF THE ISSUES THAT YOU INEVITABLY MAY ENCOUNTER ON A CONSTRUCTION PROJECT.
TYPICAL INDUSTRY STANDARD WOULD RANGE FIVE TO 10% OF A CONSTRUCTION BUDGET FOR CONTINGENCY FOR JUST THIS REASON, FOR THE REASON THAT SOMEBODY FORGOT TO PUT A LIFT STATION ON THERE, HUMAN ERROR IS A REAL THING.
AND I DON'T, YOU KNOW, I KNOW WE'RE TALKING ABOUT, BUT THERE'S A DIFFERENCE BETWEEN LIKE A MISTAKE, LIKE, YOU KNOW, HEY, WE GOTTA PAY 20, 30,000 AND THEN WE'RE LOOKING AT, AT THIS POINT, YOU KNOW, $151,000.
[04:45:01]
THAT'S A COUPLE OF THE POLICE OFFICERS.SO I AM KIND OF HESITANT TO, TO VOTE YES.
UM, IF I COULD TALK TO PEREZ AGAIN, PLEASE OKAY.
HOW MUCH MONEY WAS PUT IN THIS TERMS FROM THE GENERAL FUND WHEN THIS TOUR'S ACCOUNT OPENED 16,000,700 SOME CHANGE, AND HOW MUCH DO WE HAVE? WE DON'T HAVE ENOUGH IN THERE NOW TO COVER THIS $200,000? UH, NO, WE WILL HAVE TO ADD IN THE PROPOSED BUDGET, THE DIFFERENCE.
SO WE'VE SPENT $16 MILLION OUT OF OUR GENERAL FUND TO FEED THIS TERS AND HEAVEN HELP US.
IF WE HAVE TO STICK ANYMORE MONEY IN THERE, IT'S A LOAN FROM THE GENERAL FUND TO THE TERRORS AND THE TERS WILL REPAY THE GENERAL FUND BACK OVER TIME, WHICH ONE OF OUR TOURS HAS DONE THAT SO FAR.
I'M SORRY, WHICH ONE OF OUR TOURS HAS DONE THAT SO FAR? THIS IS THE FIRST HERS.
THAT'S KIND OF WHAT MAKES ME NERVOUS.
CAUSE I DON'T THINK THAT'S EXACTLY WHAT THEY'RE DESIGNED TO DO.
I THINK THEY'RE DESIGNED TO BUILD UP INFRASTRUCTURE IN AN AREA.
SO MY FEAR IS WE MAY NOT EVER SEE THAT $16 MILLION AGAIN.
AND IS THAT I DON'T WANT TO SOUND ANGRY OR BETTER, BUT THAT'S A LOT, THAT'S A LOT FOR ME TO GO HAVE TO EXPLAIN TO MY RESIDENTS THAT WE STUCK $16 MILLION INTO THIS PARK WHEN THERE'S ROADS ALL AROUND THAT NEED REAL UPDATING.
SO, AND THEN LIKE I GET IT AT THE END.
IT'S JUST REALLY HARD FOR ME TO THINK ABOUT AT THIS POINT.
SO I HAVE NO DOUBT WHEN THIS PARK HAS DONE THAT.
WE'RE GOING TO GET SOME REAL GRATIFICATION AND THERE'S GOING TO BE TAX MONEY GIVEN BACK.
SO I THANK YOU FOR YOUR TRANSPARENCY AND YOUR HONESTY.
JUST A QUICK QUESTION REAL QUICK.
SO YOU'RE SAYING THIS IS THE FIRST ONE WE'VE DONE LIKE THIS AND THIS WAS STRUCTURED TO PAY BACK.
CAUSE I KNOW OUR LAST HERS WAS A HUNDRED PERCENT HERS.
UM, WHAT'S THE TERRORIST ON THIS ONE? THIS IS A 50% HERS.
THE CITY CONTRIBUTES 50% AND HAYES COUNTY CONTRIBUTES 50%.
SO WE'LL START MAKING, UH, 50% OF THE TAX DOLLARS BACK INTO THE CITY GENERAL FUND, CORRECT? YES, SIR.
AFTER PAYING THE EXPENSES OF THE TOURIST, CORRECT.
AND AS LONG AS THERE'S NO ADDITIONAL UPGRADES, BECAUSE IF THERE'S UPGRADES THAT MONEY GETS SPENT, CORRECT? YES.
THAT WOULD HAVE TO BE TAKEN INTO ACCOUNT.
SO LET ME ASK YOU A QUESTION IF THE TERS NEEDS SAME BECAUSE CASPER FLOURISHED, YOU DIDN'T HAVE THE FLOOR I WAS CALLING CUSTOMER PARSLEY FROM.
SO I'M GOING TO LET CASPER PARTIALLY GO AND NOW COME BACK.
IT DOESN'T HAVE A QUICK QUESTION.
SO I'D HAVE QUESTIONS ABOUT THE CONTINGENCY.
SO BASICALLY WE ESTABLISH A CERTAIN AMOUNT FOR ERRORS AND WE DON'T MAKE ANY, WHICH WE WILL MAKE.
THAT MONEY GETS RETURNED TO THE CITY.
YOU KNOW, AFTER WE PAY THIS 151 AND THERE'S 200 AND SOMETHING LEFT THAT REMAINDER, IF WE DON'T USE IT, WILL THAT GO BACK TO THE CITY? THERE WOULD BE, THESE ARE BASED ON THE SLIGHTLY OLDER NUMBERS.
THERE WOULD BE ROUGHLY 60 PLUS THOUSAND REMAINING AFTER PAYMENT OF THIS, IN THIS CONTINGENCY.
UM, IF LEFT UNTOUCHED ON NEEDED GETS RETURNED TO THE CITY AT THE END OF THE JOB FOR THIS PARTICULAR PERSON THAT OPENS UP A LOT ROOM TO MAKE ERRORS.
I JUST DON'T, I DON'T SEE HOW THAT'S THE SMARTEST THING.
YOU KNOW, JUST HAVING SUCH A BIG ROOM AND THEN, OKAY, WE'RE GOING TO PLAN FOR ERRORS AND WE CAN MAKE THEM AND THEN PAY EXTRA $67,000 FOR 43 DAYS THAT WE SHOULDN'T BE.
SO I HOPE YOU UNDERSTAND MY FRUSTRATION BECAUSE THAT'S SOMEBODY'S SALARY AND THAT'S MONEY THAT CAN BE ALLOCATED SOMEWHERE ELSE.
I WANT TO, I WANT TO OFFER THIS AND I DON'T AND I PROMISE YOU, THIS IS NOT TO TOOT MY OWN HORN BECAUSE IF IT WASN'T ME, YOU COULD'VE HIRED ANYONE ELSE.
THE REASON YOU HIRE A FIRM LIKE OURS IS BECAUSE WE COME IN AND WE HELP YOU TO MITIGATE THOSE.
CONTINGENCIES ARE A PART OF CONSTRUCTION.
YOU, YOU ALWAYS GOING TO DO THAT.
WHETHER YOU BUILD A DOG HOUSE AT YOUR OWN HOME, OR YOU BUILD A MULTIMILLION DOLLAR PARK OR 30 PLUS MILLION DOLLAR PUBLIC SAFETY CENTER, CONTINGENCIES ARE PART OF LIFE AND THEY'RE NECESSARY TO MITIGATE IMPACTS LIKE THESE, UM, OUR FIRM COMES IN AND SEEKS.
I MEAN, IF I, IF I COULD SHOW YOU THE AMOUNT OF CHANGE ORDERS, PROPOSED CHANGE ORDERS THAT WERE THROWN AT THE WALL, THAT, THAT WE JUST, THAT WE JUST TURNED AWAY,
[04:50:01]
FOUND CONTROL AT YOUR CONTRACT LANGUAGE OR SOME OTHER OUTLET TO PUT IT BACK OFF THE CITY'S PLATE.IT WOULD, IT WOULD AMOUNT TO FAR MORE MONEY THAN WHAT WE'RE DISCUSSING HERE.
UM, THAT'S, THAT'S OUR PLEDGE TO YOU.
THAT'S WHAT WE, I WORKED FOR THAT EVERY DAY.
I, YOU KNOW, I UNDERSTAND IT'S FRUSTRATING.
UM, UM, I DON'T ENJOY BRINGING THIS NEWS TO Y'ALL.
I'M A POSITIVE GUY, BUT I WILL TELL YOU THAT WE ARE DOING EVERYTHING WE CAN TO MITIGATE THESE IMPACTS AS MUCH AS IT'S HUMANLY POSSIBLE.
AND IF THERE IS AN OPTION TO THE CITY TO, UH, EXERCISE AN ILLEGAL ARM, TO RECOUP SOME OF THOSE LOSSES, HEY, WE'RE GOING TO BE AT THE FOREFRONT OF THAT AND HELPING YOU ALL DO THAT AND MAKING SURE THAT WE'RE BEING THE BEST STEWARD OF YOUR DOLLAR AS WE POSSIBLY CAN BE.
MA'AM ANY OTHER DISCUSSION? ALL THOSE IN FAVOR, SAY AYE.
MOTION CARRIES FIVE TO TWO ALL RIGHT.
[38. Consider and possible action to amend the 2021 Transportation Master Plan. ~ Leon Barba, P.E., City Engineer]
UP AGENDA ITEM NUMBER 38.CONSIDER THE POSSIBLE ACTION TO AMEND THE 20, 21 TRANSPORTATION MASTER PLAN.
MAYOR AND COUNCIL, LEON BARBARA CITY ENGINEER, MARION COUNCIL.
WE WOULD LIKE FOR YOU TO LOOK AT IT.
AND UM, LET US KNOW IF YOU WANT TO EITHER APPROVE ONE OR ALL OF THESE AMENDMENTS OR REJECT SOME OF THESE AMENDMENTS.
SO WHAT I'M GOING TO DO IS SHOW YOU THE FIRST MAP, WHICH IS, UH, I'M NOT PROUD TO SHOW YOU THIS MAP.
WE COULD HAVE DONE BETTER ON THIS, BUT WE COULDN'T REALLY GET A GOOD COPY OF A MAP THAT WE COULD REALLY MARK IT UP.
SO IT'S REALLY HARD TO READ, BUT IT JUST SHOWS YOU THERE'S FIVE AMENDMENTS ON THE, UH, MASTER PLAINTIFF WAS APPROVED BACK IN SEPTEMBER 7TH OF LAST YEAR.
UH, WE'RE CALLING IT THE GOFORTH ROAD AMENDMENT.
WHAT YOU SEE ON THE LEFT ON THAT REDDISH LINE IS SOME ACCESS THROUGH THERE.
THAT'S WHAT THE ORIGINAL AMENDMENT SHOWS.
WE'VE LOOKED AT THIS PROTECTOR SECTION OF ROAD AND TRYING TO GO IN THAT ROUTE.
AND, UH, AS WE GO THROUGH CASSETTE OR RANCH, THAT'S WHERE THE ISSUES REALLY SHOW UP AS BEING A PROBLEM.
IT'S GOING TO BE HARD PUTTING THREE OR FOUR LANES THROUGH THAT SECTION OF A SUBDIVISION.
SO WE, UH, DID SOME BRAINSTORMING, LOOKED AT SOME OTHER OPTIONS.
WE INCLUDED CAFFREY'S CITY MANAGER, STAFF.
WE LOOKED AT SOME VARIOUS OPTIONS TO SEE WHAT WOULD BE A BETTER ROUTE THAT WOULD IMPACT NEIGHBORHOODS AT LEAST.
AND, UH, AND, UH, AND MAYBE PROVIDE SOME BETTER CONNECTIVITY AS YOU CAN SEE THAT PINKISH COLORED LINE.
THAT'S WHAT WE'RE PROPOSING TO, UH, UH, AMEND OUR CONTRACT OR MENTOR OUR PLAN WITH.
AND THERE'S A COUPLE OF ROADS THAT WE'RE CONNECTING THERE JUST TO KIND OF MAKE IT WORK BETTER FOR US.
SO THIS IS THE FIRST ONE I WANT TO SHOW YOU.
WHAT I'LL DO IS GO ARE THE ALL FIVE AND THEN WE'LL COME BACK TO THE FIRST ONE.
AND THEN, UH, LET ME HAVE YOUR RECOMMENDATIONS OR YOUR THOUGHTS.
THIS IS A CAR PARKWAY, SETON PARKWAY INTERCHANGE.
IF YOU LOOK AT THE UPPER LEFT, UH, IT'S KIND OF A STRANGE, UH, ALIGNMENT THERE.
SO WE TRY TO STRAIGHTEN IT UP A LITTLE BIT AND TRY TO, UH, REDUCE THE IMPACT TO SOME OF THE, UH, UH, NEIGHBORHOODS IN THERE AND TRY TO TILE A BIT MORE ROADS TO YOUR RIGHT, THAT PINKISH LINE.
THAT'S WHAT WE'RE KIND OF TRYING TO CHANGE.
SO IT'S NOT REALLY CHANGING THE NETWORK VERY MUCH, BUT IT HAS GIVEN US A LITTLE BETTER CHANCE OF, UM, TRYING TO, UH, REDUCE THE IMPACT TO THE, UH, AIR PROPERTIES IN THAT AREA.
THIS IS A PRIVATE ROAD AMENDMENT.
UH, THIS IS THE ROAD THAT'S BEHIND THE SEVEN 11, THE NEW STARBUCKS, THE GOODYEAR, UH, THAT GOES FROM, UH, PHILOMENA BACK TO A ONE 50.
AND WE'RE PROPOSING TO MAKE THAT, UH, PUT THAT ON A TRANSPORTATION PLAN TO EVENTUALLY MAKE THAT A PUBLIC ROAD.
THIS IS OUR AMENDMENT FROM OUR DENTIST'S LOOP.
THIS WOULD TAKE THAT IT'S RIGHT NOW, IT'S BARELY A TWO LANE.
UH, WE'RE PROPOSING TO TAKE THAT TO THE NORTH, TO TIE, TO MARKETPLACE AND, UH, PROVIDE A CONNECTION FOR THE, UH, FOR FREEWILL.
THEY WANT TO GO NORTHBOUND TO GET TO MARKETPLACE RATHER THAN HAVE TO LOOP AROUND ON 9 35 OR GO BACK DOWN TO BURLESON.
AND OUR LAST ONE, THAT PINKISH PART IS JUST A LITTLE CONNECTION THAT WE WANTED TO PUT TO THE, UH, PROPOSED, UH, UH, CULVER'S SETON PARKWAY EXTENSION THAT WE WANTED TO DO.
SO I'LL GO BACK TO THE FIRST ONE AND, UM, LET ME KNOW WHAT YOU THINK.
WELL, I THINK MAYBE THE BEST WAY WOULD BE IS IF THERE'S, IF SOMEBODY HAS AN ISSUE WITH ANY PARTICULAR OF THE AMENDMENTS OR QUESTIONS THEY WANTED TO DISCUSS ABOUT ANY PARTICULAR PROPOSAL, MAYBE WE CAN, UH, GO THROUGH THAT WAY THAT WE CAN GET ANY QUESTIONS.
WE HAVE ANSWERED, TRY TO TAKE THEM UP ALTOGETHER.
IF THERE'S NOT TOO MUCH DISCUSSION ABOUT REMOVING ANY, DOES ANYBODY HAVE ANY ITEMS THAT ANY OF THESE THAT THEY WANT TO AMEND ALTER OR DON'T SUPPORT OR QUESTIONS? CAUSE FOR TOBY IS, UH, GO FORTH
[04:55:02]
AND SEEN PARKWAY.THOSE TWO, LET'S START WITH THAT ONE THERE.
SO YOU HAVE THE, I GUESS YOU'RE GOING FROM LAYMAN ROAD ALL THE WAY UP THROUGH, YOU CAN MAKE YOUR TURN RIGHT THERE THAT GOES TO PARKWAY RIGHT YESTERDAY, AND YOU CAN, OR YOU CAN CONTINUE TO GO STRAIGHT AND THEN YOU HIT SETON PARKWAY.
UM, THE PEOPLE THAT ARE IN THAT BACK AREA, THERE ARE TRYING TO GET TO 35.
SO I'M LOOKING AT IT TO WHERE THE PEOPLE THAT ARE GOING TO CONTINUE TO GO STRAIGHT NORTH, AND THEN THEY MAKE THAT LEFT TO SETON PARKWAY.
IF THEY GO STRAIGHT TO SEAM PARKWAY, THEY'RE GOING TO END UP IN THAT BIG CIRCLE AGAIN, SEE, THEY'RE GOING TO JUST MAGICALLY MAKE A, MAKE A CONTINUE TO GO STRAIGHT.
AND THE NEXT THING YOU KNOW, THEY'RE GOING TO BE HITTING KYLE PARKWAY AGAIN, AND DAD PATERA IS JUST STOP SIGNS.
SO ARE WE LOOKING AT PROPOSING ADDINGS A'S AGAIN, STREETLIGHTS IN THIS AREA WHERE KYLE PARKWAY IS GOING TO BE AT.
AND WHAT ABOUT THE ONE UPON TOP? WHAT, WHAT IDEA WOULD BE, WOULD BE UP THERE? CAUSE I I'M, I'M A SOUP AGAIN, CAUSE EVERYBODY'S TRYING TO GET OUT AND HIT WEST.
AND IF YOU HAVE THOSE TWO UP THERE, YOU'RE GOING TO HAVE THEM GO STRAIGHT INTO PARKWAY, WHICH IS GOING TO MAKE A LOOP AROUND AND THEN YOU'LL HAVE THAT TRAFFIC BACK THOUGH.
THE GOAL AND PURPOSE OF MEETING THE TRANSPORTATION PLAN IS TO MAKE SURE WE PROVIDED ROUTES GOING NORTH, SOUTH AND EAST WEST.
IF YOU LOOK AT THE, UH, INSET THERE ON THE UPPER LEFT, YOU KIND OF SEE HOW WE WERE TRYING TO MAKE THAT A NORTHERN ROUTE.
AND SO WHEN WE LOOKED AT IT A LITTLE BIT CLOSER, HE SAID THAT TRULY LITTLE MORE DIFFICULT FOR US.
SO WE WERE NOT CRAZY ABOUT THIS PARTICULAR ALIGNMENT, BUT IT'S THE BEST WAY THAT WE CAN AVOID SOME OF THE HOMES THAT ARE IN THE AREA.
AND WE WOULD, WE WOULD BE LOOKING AT ROUNDABOUTS GRADE COUNCIL MEMBER, WE'D BE LOOKING AROUND ABOUT TO HELP MOVE THE FLOW OR THE ANTICIPATED FLOW THAT WE HAVE.
THERE, THERE COULD BE ROUNDABOUTS AT DACEY.
THERE COULD BE ROUNDABOUTS AT THAT ONE ON THE FURTHER, RIGHT? I GUESS THE BEST WAY I CAN DESCRIBE IT, OR EVEN AT A DACY AT, AT CALL PARKWAY, THAT WOULD BE OUR FIRST CHALLENGE IS TO LOOK AND SEE IF THE ROUNDABOUTS IS GOING TO WORK.
AND THEN IF THAT DOESN'T, THEN WE LOOK AT TRAFFIC SIGNALS.
I'M JUST THINKING MY THINKING IS, IS IN THAT AREA, WHEN THE PEOPLE GO STRAIGHT AND THEY GO ALL THE WAY UP TO THAT VERY TOP ONE AND THEY HIT SETON PARKWAY, THEY GO WANT TO MAKE A RIGHT.
AND THEY'RE GOING TO GO TO DACEY INTO, THEY'LL BE STUCK THERE TRYING TO HEAD OUT TO BB.
AND THEN YOU'VE GOT KENSINGTON, WHICH IS TRYING TO HAVE THEIR TRAFFIC HEADING OUT.
AND THEN WE CAN GO TO GO FORTH.
UM, IF YOU SEE RIGHT UP THERE ON THE TOP WHERE BB ROAD IS, AND THEN RIGHT WHERE THAT X IS, YOU NOTICE HOW IT HAS MORE OF A, OF A V-SHAPE IN STOP SIGN.
LIKE WHEN YOU'RE COMING UP, GO FORTH, IT CURVES TO THE RIGHTS AND THEN IT STOPS AND THERE'S A STOP SIGN.
HAS THERE BEEN THOUGHT OF ACTUALLY STRAIGHTENING THAT OUT AND CONTINUING FURTHER THROUGH, OR IS IT GOING TO BE, UM, ANOTHER ROUNDABOUT IN THAT AREA? BECAUSE THAT TRAFFIC BACKS UP ALL THE WAY UP TO SCIENCE HALL AT, FROM, FROM THAT FOUR, FOUR CORNER, WHICH IS ABOUT A GOOD AT LEAST MILE.
WELL, I DON'T KNOW IF WE'VE REALLY LOOKED AT IT THAT CLOSELY.
AND COULD YOU TELL ME AGAIN WHERE, WHICH INTERSECTION, WHERE YOU GO UP TO WHERE THERE'S GOFORTH AND BEBE RIGHT THERE, WHERE THE AXIS ON THE VERY TOP.
SO FROM THERE ALL THE WAY UP TO THE TOP, BOTH SIDES, YOU COULD PROBABLY HAVE A GOOD MILE OF, OF I'VE CALCULATED A 35 MINUTE WAIT, JUST GOING FROM THAT STOP SIGN ALL THE WAY UP TO THE CORNER, BECAUSE THE CURVES AROUND AGAIN, WE'D HAVE TO LOOK AS WE DO OUR DESIGNER PRELIMINARY ENGINEER REPORTS.
IT WAS JUST TELL PEOPLE, DRIVE OUT THERE AT FIVE O'CLOCK IN THE AFTERNOON AND YOU'LL GET ALL THE DATA YOU NEED.
BUT THOSE ARE THE TWO THAT I'VE GOT.
ANYONE ELSE? MOTIONS? I'LL MOVE TO APPROVE.
SECOND ABOUT MAYOR PRO TIM THAT WE APPROVED AND ITEM 38.
IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR, SAY AYE.
[39. Reconsideration of the vote on Item Nos. 21 through 27 from the 4/5/2022 CityCouncil Meeting relating to Blanco River Ranch Properties, LP - Z-22-0097, TIRZ 3, Savannah Ranch Development and Savannah PID. ~ Michael Tobias,Council Member]
UP IS AGENDA ITEM NUMBER 39.RECONSIDERATION OF THE VOTE ON ITEMS 21 THROUGH 27 FROM THE FOUR OR 5 22 COUNCIL MEETING RELATED TO BLINK RIVER RANCH PROPERTIES.
UH, TERS THREE SAVANNAH RANCH DEVELOPMENT, SAVANNAH PID.
SO THIS WAS A REQUEST TO BE BROUGHT BACK, UH, BY CUSTOMER TOBY'S, WHICH PER THE RULES COUNCIL, UH, AND THE WAY THE VOTE, UH, WENT, HE IS ALLOWED.
[05:00:01]
CAN'T BRING THE ITEMS BACK UP UNTIL WE TAKE A VOTE ON WHETHER OR NOT TO RECONSIDER.SO THE, THE FIRST, UH, ITEM WOULD BE TO RECONSIDER IT.
AND THEN WE CAN HAVE A DISCUSSION ABOUT THE ITEMS, UH, AGAIN, SO, UM, I W UH, WE'LL MAKE A MOTION TO RECONSIDER, UH, THAT THE AGENDA ITEMS. SECOND MOVE BY THE MAYOR.
SO THE DISCUSSION ON THE MOTION, ALL THOSE IN FAVOR, SAY CUSTOMER ELSA.
I JUST WANTED TO, UH, HEAR A COUNCIL MEMBER TO BE US IS, UM, UH, THAT THE PROCESS OR REASONING BEHIND YOUR RECONSIDERATION.
UM, WHILE LOOKING AT THIS AGAIN, UM, I KNOW THAT THIS WOULD BE AN AREA THAT WOULD BE ANOTHER TERS CORRECT.
WOULD BE CONSIDERED FOR ANOTHER TERM THREE.
SO THE REASON WHY I'M BRINGING IT BACK IS BECAUSE I WANT US TO REALLY LOOK AT SEEING HOW WE CAN GO FORWARD WITH INCORPORATING SOME FINAL EARMARK MONEY TO COULD TO BE USED WHENEVER WE'RE, WE'RE DESIGNING THIS ONE, ESPECIALLY IF WE'RE IN THIS, THIS, THIS AREA THAT WE CAN BE ABLE TO EARMARK SOME PERCENTAGE OF THAT, THAT WE CAN USE FOR NOT JUST EAST SIDE PRODUCT PROJECTS, BUT PROJECTS WITHIN THE CITY, INSTEAD OF JUST KEEPING IT ALL THERE.
SO THAT WAS MY BIGGEST CONCERN THAT I HAD TO WANT THEM TO DO IS USE SOME OF THIS, USE SOME OF THIS TERS MONEY UPFRONT TO WHERE WE CAN BE ABLE TO ESTABLISH SOME KIND OF EARMARK MONEY TO WHERE WE CAN JUMPSTART A LOT OF OUR PROJECTS IN, IN, INSTEAD OF KEEPING IT WITHIN THE, WITHIN THIS REGION.
AND I HAD A, UM, CLOSE WAS INVITED TO A RESIDENCE HOUSE YESTERDAY.
THEY WERE VERY GRACIOUSLY, UH, WANTED TO TALK TO ME ABOUT THIS AND MY WHOLE THOUGHT PROCESS.
EVERYONE WAS, HOW CAN WE BE ABLE TO LOOK AT THIS TERSE AND LOOK AT THESE PITS AND SEE WHAT WE CAN DO TO HELP BRING SOME OF THESE PRODUCTS THAT WE NEED NOW AND CAP, AND BRING SOME OF THE CAPITAL AND CAPITALIZE ON SOME OF THIS GROWTH THAT WE'RE HAVING, UH, TO BE ABLE TO HELP OUT.
AND, AND AGAIN, TO, TO, TO EARMARK SOME OF OUR, GET SOME OF OUR PROJECTS GOING, AND I WANTED TO BE ABLE TO OPEN UP THAT DISCUSSION AGAIN FOR EVERYBODY.
UM, ONE OTHER QUICK QUESTION, BEFORE I TURN TO STAFF, UM, DID YOU REVIEW WITH STAFF THE PRACTICALITY AND LEGALITY OF BEING ABLE TO DO SOMETHING LIKE THAT? YES.
I DID REACH OUT TO SCOTT, UH, SELLERS TO SEE, FIRST OF ALL, IS THIS LEGAL TO DO? AND, UH, IS THIS SOMETHING THAT, AGAIN, BEING NEW AT THIS, ON THIS AND THOSE RIM, IF WE'VE, IF THIS IS SOMETHING THAT WE CAN ACTUALLY PROPOSE AND MR. SELLERS AND I HAD A CONVERSATION ABOUT THAT, GIVE YOURSELF CREDIT.
YOU'VE BEEN ON COUNCIL FOR THREE YEARS, RIGHT.
SO THEN I'LL TURN TO, UH, SORRY TO SORRY TO JUMP IN.
I, I REALLY THINK WE SHOULD DECIDE WHETHER WE WANT TO RECONSIDER IT, BECAUSE THIS IS REALLY MORE OF THE, THIS IS THE PROCESS TO HELP ME UNDERSTAND IF I WANT TO VOTE TO RECONSIDER THIS OR NOT.
AND PROPOSE TO COUNCIL MEMBER TO BE AS IS, UH, HE SAID THAT HE, HE GOT WITH STAFF, YOU ALL SAID THAT THIS IS SOMETHING THAT COULD BE DONE.
SO THERE'S, THERE'S A COUPLE OF QUESTIONS THERE.
ONE IS WHETHER OR NOT TO EVEN RECONSIDER.
WE, WE TALKED TO PAIGE, UH, SHE CONSIDERED IT WITH BOND COUNSEL.
SO THE, ALL OF THE SUBSEQUENT ITEMS CAN BE BROUGHT UP LEGALLY, UH, YOU KNOW, PER PAGES REVIEW.
SO MAYBE THAT'S A QUESTION FOR PAGE FIRST.
NOT WHETHER WE CAN RECONSIDER IT, BUT WHETHER OR NOT WHAT COUNTS REMEMBER TOBY IS SUGGESTING WHETHER OR NOT WE CAN USE FUNDS OR DEDICATE FUNDS TOWARDS, OUT OF, YEAH.
SO, SO COUNCIL MEMBERS WILL BE AS REALLY ASKED, UH, MORE ABOUT, UH, THE 10% CONTRIBUTION THAT WAS COMING FROM, YOU KNOW, THE PID POLICY, WHICH HAS A 10% CONTRIBUTION OF NET PIT BONDS TO BE PLACED TOWARD PROJECTS, BASICALLY GO TO THE CITY IN AS, AS CASH, UH, IN THE AGREEMENT THAT THOSE FUNDS HAVE ALREADY BEEN IDENTIFIED TO RETIRE THE OBLIGATION FOR THE ELEVATED STORAGE TANK, BUT THE REMAINDER OF THE FUNDS, UH, IN THE AGREEMENT RIGHT NOW ARE FOR STAGECOACH REC OLD STATE COATRACK.
UH, I THINK ORIGINALLY WE TALKED ABOUT THERE BEING ABOUT $850,000
[05:05:01]
AVAILABLE FOR THAT ONCE THE ELEVATED STORAGE TANK, UH, OBLIGATIONS ARE HEARD, SATISFIED, THE SUBSEQUENT TERMS, YOU KNOW, LOOKING AT THE 30 YEARS, THAT WAS, THAT WAS PROPOSED, UH, STILL AT A THREE TO ONE VALUE.UH, BRING THAT NUMBER TO ABOUT 1.2 MILLION THAT WOULD BE REMAINING FOR OLD STAGECOACH.
SO THE CONVERSATION WE HAD IS WHETHER OR NOT, UH, THE COUNCIL WOULD LIKE TO REDEFINE WHERE THOSE FUNDS ARE ULTIMATELY, UH, DEDICATED, WHETHER THAT'S RIGHT NOW IN EMOTION, UH, OR AS PART OF THIS PROCESS, WHETHER IT'S THROUGH THE BUDGET PROCESS, WHETHER IT'S THROUGH AMENDING THE DA AND STATING THAT WOULD GO TO OTHER PROJECTS, ALL THAT IS, IS FINE TO DO UPON COUNCIL MOTION AND APPROVAL, THE, UH, TERS AND PID THEMSELVES.
UH, WE'RE NOT GOING TO HAVE ANY SORT OF ABILITY TO FUND ADDITIONAL PROJECTS OUTSIDE OF THE DEVELOPMENT AREA.
SO AGAIN, WE'RE REALLY JUST TALKING ABOUT THE 10%.
I LEFT AND I CAME BACK AND IT'S LIKE A TOTALLY DIFFERENT SUBJECT.
SO, UM, LET ME ASK THIS QUESTION.
ARE WE SAYING, IF YOU GIVE US $1.2 MILLION FOR SOME ROADS IN THE PITS OR IN SOME OTHER FORM THAT WE WOULD DO A TERSE, THE FORMAT FROM THE, THE TERS, UH, AND THE PYD POLICY.
SO THE TERMS IS JUST BACK IN THE PIT AND THE PIT POLICY HAS 10% OF NET PROCEEDS THAT ARE PAID TO THE CITY FOR CITY PROJECTS, RIGHT? SO IT'S, IT'S FOR PRODUCTS OUTSIDE OF THE BOUNDARY.
AGAIN, THAT'S I WANT TO SAY IT'S 2.78 KNOW SOMEWHERE IN THERE, 2.8, 2.8 IN TOTAL OF WHICH, UH, A PORTION OF THAT IS GOING TO PAY DOWN THE CITY'S OBLIGATION OR THE DEVELOPER'S OBLIGATION FOR THE ELEVATED STORAGE TANKS.
SO THE CITY HAS BEEN PAYING A PRO-RATA SHARE FOR THIS DEVELOPMENT, UH, FROM THE ANTHEM ELEVATED STORAGE TANK FOR SEVERAL YEARS.
SO THIS WOULD PAY OFF THAT OBLIGATION FOR THE DEVELOPMENT.
THE REMAINDER IS $1.2 MILLION THAT HAS BEEN A PIT TO NOW IN THE DA SET ASIDE FOR OLD STAGECOACH ROAD IMPROVEMENTS.
SO WHAT COUNCIL MEMBER BAS IS ASKING FOR IS THAT $1.2 MILLION THAT'S REMAINING, INSTEAD OF BEING DEDICATED TOWARD THE OLD STAGECOACH ROAD WOULD THEN BE DEDICATED TOWARD EAST SIDE ROAD PROJECTS.
KEEP IN MIND, THERE'S ALSO ADJACENT LANE MILE FEE OF, I BELIEVE IT'S $328,000 THAT COULD ALSO BE APPLIED TOWARD OLD STAGECOACH ROAD OR ANY OF THE ROAD PROJECTS, BECAUSE THAT DOES NOT HAVE TO BE EXPENDED WITHIN THE DISTRICT.
WELL, I'M GOING TO DISCUSS THE FACT THAT THIS WAS BROUGHT TO MY ATTENTION, UM, WHILE IN WASHINGTON THAT MAYBE IF WE ASKED FOR MONEY FOR, I THINK IT WAS THE SENIOR CENTER THAT THEY COULD HAVE A TERSE.
AND MY RESPONSE WAS NO, I CONSIDER THAT A BRIBE FOR ONE, AND FOR TWO, YOU COULD GIVE ME A HUNDRED MILLION DOLLARS AND IT STILL DOESN'T QUALIFY FOR A TERSE IN MY OPINION.
SO I'M NOT KEEN ON SELLING MY SOUL TO ANYBODY FOR ANY AMOUNT OF MONEY.
AND I KNOW THAT'S SEEMS KIND OF OUT THERE, BUT I FEEL LIKE WHEN COLLECTIVELY AS A DIOCESE, WE SAY, NO, WE DON'T WANT TO TERSE.
AND THEN PEOPLE COME TO US SAYING, HEY, BUT MAYBE WE CAN DO THIS.
I DON'T FIND THAT VERY ETHICAL.
AND I'M REALLY OFFENDED RIGHT NOW THAT THIS IS EVEN A CONVERSATION THAT WE'RE HAVING.
UH, SO A COUPLE THINGS, UH, NUMBER ONE IS THAT, UH, IT IS, UH, UH, COUNCIL MEMBERS, RIGHT? TO BRING BACK FOR RECONSIDERATION, ANY ITEMS THAT THEY WISHED TO BRING BACK.
UH, WE MAKE DECISIONS BASED ON FINANCIAL, UH, CONSIDERATIONS OF A DEVELOPMENT DEAL ALL THE TIME.
I COULD NAME PROBABLY HALF A NOTION WITH VERY SIMILAR PROPOSITIONS THAT WE'VE VOTED ON.
UH, UH, UH, SO, BUT AGAIN, WE'RE TRYING TO HAVE A RECONSIDERATION OF THE ITEMS. SO WE NEED TO TAKE A VOTE TO DECIDE WHETHER OR NOT WE EVEN WANT TO BRING THESE ITEMS BACK FORWARD, AS OPPOSED TO TRYING TO DEBATE THE ITEM BEFORE WE HAVE A VOTE TO RECONSIDER.
SO I DIDN'T UNDERSTAND WHAT IT WAS.
JUST FROM A TECHNICAL STANDPOINT, THE, THE MOTION FOR RECONSIDERATION,
[05:10:01]
IT WAS REQUESTED BY A MEMBER OF THE PREVAILING SIDE OF THE VOTE LAST TIME, JUST TO BE TECHNICAL ABOUT IT.I THINK YOU MADE THE MOTION MAYOR TO RECONSIDER THE RULES OF COUNCIL ALLOW FOR ITEMS TO BE PLACED.
UH, YOU MAY NOT PLACE AN ITEM BACK ON THE AGENDA IF YOU ARE NOT ON THE PREVAILING SIDE, BUT ONCE AN ITEM TO IS BEING BROUGHT UP, ANYONE CAN MAKE A MOTION ON IT.
IT HAS TO DO RECONSIDERATION AND THE RULES OF COUNCIL HAVE TO DO WITH WHETHER AN ITEM CAN BE PUT ON THE AGENDA.
SO THE MOTION AND SECOND SHOULD NOT MATTER THAT IT'S, I DON'T KNOW.
IT'S LIKE THE FIFTH TIME I'VE DONE THIS.
SO I JUST WANT TO BE HYPER-TECHNICAL ABOUT IT.
IF WE WANT TO, I CAN, I HAVE THE RULES OF COUNCIL, IF WE WANT TO READ THEM TO CONFIRM JUST, IT SAYS THE REQUEST, IT SAYS THE REQUEST IS MADE.
SO AS THE REQUEST IS MADE BY SOMEBODY FROM THE PREVAILING SIDE OF THE VOTE, WHICH THE REQUEST WAS MADE, SO THE REQUEST WAS MADE IT'S PROPERLY ON THE AGENDA.
IT DOESN'T SPEAK TO THE MOTION, THE MOTION BEING MADE.
SO THIS WOULDN'T BE BEING HYPER-TECHNICAL ON THE ISSUE.
SO I DON'T KNOW WHAT TO SAY, BUT IT'S UP TO THE RULE COUNSEL.
I DON'T WANNA, I, IT'S NOT, IT'S NOT, I'M ALLOWED TO MAKE A MOTION.
I'M NOT JUST NOT ALLOWED TO BRING FORWARD AN ITEM.
SO, UH, IS THERE FURTHER DISCUSSION ON THE MOTION TO RECONSIDER ROLL CALL VOTE, PLEASE.
HI, RIZZO PARSLEY NAME MITCHELL BY KALE.
MOTION TO RECONSIDER PASSES FOUR TO THREE.
[Items 40 - 47]
THAT BRINGS US TO THE ITEMS. I'LL BRING THEM ALL UP TOGETHER.AND, UH, UH, AGENDA ITEM IS 40 41 42 43, 44, 45, 46 AND 47.
THESE ARE ALL THE ITEMS THAT WE, UH, DISCUSSED AT THE LAST COUNCIL MEETING, UH, RELATED TO ZONING OUR ONE-ON-ONE, UH, INTER LOCAL AGREEMENT WITH HAYES COUNTY CREATION OF TERSE, THREE ASSIGNMENT OF ZONING, UH, ANNEXATION, UH, ET CETERA.
SO, UM, CUSTOMER TOBY IS SHE BROUGHT IT BACK.
IF YOU WANNA MAKE, UM, MOTION ON THE DOLLARS, UH, IF THAT'S THE DIRECTION YOU'D LIKE TO GO, UH, I'D BE HAPPY TO HEAR WE'RE GOING TO BE SPLIT ON THIS ONE WAY OR ANOTHER, SO, OKAY.
I WOULD LIKE TO SEE HOW WE CAN AT LEAST GET MAYBE POSSIBLY 3% OF YOUR MARK DOLLARS, UM, ADDED TO THE ATTITUDE, THIS, UM, DISAGREEMENT TO WHERE WE COULD BE ABLE TO GET SOME EARMARK MONEY TO, TO FUND SOME OF THE, UM, REAL PROJECTS THAT WE NEED SO DESPERATELY NEEDED ON EAST OF KYLE.
UM, SUGGESTIONS WOULD BE BB ROAD, EVEN THOUGH THAT MIGHT BE CONSIDERED ON THE POSSIBLE BOND, BUT IT'S, UM, THAT'S WHAT I'M LOOKING AT UP CLOSE TO, UH, A CERTAIN PERCENTAGE ON THAT.
AND 3% OF WHAT, I'M SORRY, SORRY OF THE, UH, BLERIM TAXES ON THE HOMES THAT WE HAD THAT WOULD BE BUILT.
AND WE CAN, I DON'T KNOW THAT YOU CAN DEDICATE THE PROPERTY TAX REVENUE INTO PERPETUITY.
I DON'T THINK YOU'RE ALLOWED TO DO THAT PAGE.
CAN YOU, BUT THERE'S SEVERAL DIFFERENT BUCKETS THAT COULD BE USED, BUT I DON'T KNOW THAT YOU CAN DO AVALARA.
THE DEVELOPER IS AN, THE COUNCIL NEEDS TO GIVE SOME INPUT AS HOW, HOW THEY WANT TO STRUCTURE THIS, BUT THE DEVELOPER'S PROPOSING TO CONTRIBUTE A KIND OF A, ROUGHLY 10% OF THE PID BOND PROCEEDS, 10% OF THE PID BOND, PROCEEDS TO MIRROR.
WHAT IS AUTHORIZED IN THE PID POLICY? THE PID POLICY AUTHORIZED 10% OF THE, UM, UM, PIEDMONT PROCEEDS TO BE USED FOR PAID AND USED FOR, YOU KNOW, CITY PROJECTS AT THE CITY'S DISCRETION.
AN EXAMPLE OF THAT, UH, THAT YOU'VE JUST APPROVED SOME, UM, BONDS FOR LINDAR, AND THEY AGREED TO PAY $2 MILLION TO THE CITY TOWARDS THE ANTHEM WATER TANK, UM, AS A CONDITION OF THE APPROVAL OF THE PIT BONDS.
AND SO, UM, YOU COULD DO SOMETHING SIMILAR HERE WHERE YOU HAVE THE 10% AMOUNT, UM, THAT'S ESTABLISHED IN THERE UNDER THE AGREEMENT, AND THEN THE COUNCIL DETERMINES HOW IT WANTS TO USE THOSE FUNDS.
[05:15:01]
THERE'S A CERTAIN AMOUNT THAT'S SUPPOSED TO BE PAID TOWARDS THAT, THE ANTHEM INFRASTRUCTURE.SO I THINK THAT'S LIKE 1.5 MILLION.
AND THEN, UM, ANYTHING THAT IS ABOVE THAT THEN IS WITHIN COUNCIL'S DISCRETION TO USE.
AND JUST SO YOU'RE, SO YOU'RE AWARE THE DEVELOPER IS NOT THAT MONEY DOESN'T COME FROM THE PYD FUNDS.
UM, THE DEVELOPER PAYS THAT FROM OTHER FUNDING SOURCES.
SO THAT'S A DEVELOPER FUNDED CONTRIBUTION.
SO IT'D BE, IF WE USE A 10% OF THE PIT FUNDING FOR THAT, I'M SORRY.
WE COULD USE A 10 BY 10% OF THE PIT FEE.
I THINK IT WOULD BE 10% MINUS THE MINUS THE ANTHEM.
AND I'M NOT ULTIMATELY THE MAY PERSON.
WE HAVE, UH, MANY PEOPLE HERE THAT CAN ASSIST WITH THAT.
WE'VE YOU'VE GOT YOUR PID CONSULTANT AND YOU ALSO HAVE THE DEVELOPER TEAM WHO MAY HAVE SOME INPUT THERE.
I DON'T MEAN TO PUT YOU ON THE SPOT, JOHN, BUT, UM, THAT, THAT WOULD PROVIDE SOME CONTEXT FOR WHAT, WHAT FUND FUNDING SOURCES MAY BE AVAILABLE IN THE AMOUNTS AVAILABLE? THERE WE GO.
UM, JOHN SNYDER WITH B3 WORKS, SO THE, THE TOTAL BOND AMOUNT, BUT IT WAS GOING TO BE NORTH OF 30 MILLION.
THE NET PROCEEDS, UH, WAS, WAS ESTIMATED TO BE AROUND 27 TO 28 MILLION.
UH, SO 10% OF THAT, I THINK THAT WAS WHERE THE $2.8 MILLION NUMBER WAS COMING FROM.
UH, SOUNDS LIKE WE NEEDED SOME FOR THE ANTHEM WATER TOWER, WHICH WAS 1.6.
SO YOU'D, HAVEN'T GOT $1.2 MILLION LEFTOVER THAT THINK THAT I THINK IS WHAT'S BEING DISCUSSED.
THE WHOLE, THE WHOLE BOTTOM LINE IS, IS THAT I, I'M TRYING TO FIND WAYS TO WHERE IF WE HAVE PEOPLE THAT ARE COMING IN, THEY HAVE EVERY RIGHT TO COME IN AND BUILD WHATEVER IT IS THEY HAVE, BUT HOW CAN WE, ESPECIALLY WITH THIS, TERS WHAT I'M TRYING TO GET OUT.
EVERYBODY IS TO SEE HOW WE CAN GUARANTEE SOME DOLLARS THAT CAN COME FROM THIS SPECIFIC AREA.
IF IT GETS APPROVED, THAT WE COULD USE IT FOR JUMP-STARTING PROJECTS OR, AND BRINGING IN, UH, BASICALLY BRINGING IN SOME KIND OF DIRECTION TO, TO HELP A LOT OF THE PROJECTS THAT WE'RE NEEDING EASTER EAST OF KYLE, OR JUST EVERYWHERE, BUT ESPECIALLY SOME OF THESE ROADS.
AND I'M JUST TRYING TO FIND A WAY TO BE ABLE TO GET SOME OF THESE DOLLARS IN AND FIND THE CAPITAL TO WHERE WE CAN GET SOME OF THESE IMPROVEMENTS.
AND IF WE CAN BE ABLE TO GET WITH SOME OF THE DEVELOPERS TO ASSIST US WITH THAT, I LOOK AT IT AS THAT AS AN INVESTMENT AS WELL.
THAT'S THE WHOLE REASON WHY I'M BRINGING ALL THIS FOR COUNCIL MEMBER THERE'S THERE'S $1.2 MILLION AVAILABLE IN, I WOULD SAY UNCOMMITTED FUNDS IN THE AGREEMENT.
WE HAVE DISCUSSED OLD STAGECOACH ROAD.
IT'S WHAT'S LISTED, BUT A VIVE TRAIL, BUT THAT CAN BE REDIRECTED BY COUNCIL TO ANY EAST SIDE PROJECT AH, UH, CA MAYOR AND COUNCIL, MIKE BOSWELL, TOLL BROTHERS, UH, 13, UH, 20 AIR POINT DRIVE, SUITE 400 CEDAR PARK, 7 8, 7 8 6 1 3.
DO YOU HAVE THE SLIDESHOW THAT WE SENT OVER? I'M GOING TO, I'M GOING TO, I'M GOING TO GO THROUGH THIS THE WAY.
HOW DID, HOW DID HENRY THE EIGHTH SAY IT TO HIS SIX WIVES? I WON'T KEEP YOU LONG.
UM, THAT'S A BAD JOKE, BUT IT'S ALMOST 1230.
YOUR DATA'S ALREADY WRONG ON YOUR SIDE.
RIGHT? SO WE WE'VE SHOWN THIS, THIS PICTURE IN THE PAST.
AND, AND I HAD A PROBLEM WITH MY TRUCK LAST WEEK AND I HAD TO GO TO THE DEALERSHIP AND GET IT FIXED.
AND WHEN I WAS THERE PAYING THE BILL, THEY HAD AN EXPLODED TRANSMISSION, UH, DIAGRAM THERE.
SO I'M WANTING TO GO THROUGH THIS WITH YOU.
AND THIS IS PROBABLY A LITTLE MORE DETAILED THAN YOU WANT TO GO THROUGH AT EIGHT AT 1230 AT NIGHT, BUT IT'LL BE FAIRLY EASY FOR YOU.
WHEN WE LOOK AT OUR FIRST PHASE OR OUR AREA, ONE, BASICALLY WE WILL COME INTO THE CITY.
[05:20:01]
IS THEN IN THE CITY.SO YOU CAN COLLECT PROPERTY TAXES.
FROM THAT POINT FORWARD, WE WILL GO THROUGH A REAL QUICK RAMP UP AND DEVELOPMENT PERIOD WHERE WE ARE GOING TO GO FROM RAW LAND TO PLANTED LOTS, TO FINISH LOTS TO COMPLETED HOMES.
AND THEN AT THAT POINT, WE'LL START MOVING FORWARD WITH THE BOND ISSUANCES, THE VALUES THAT WE'RE CURRENTLY PROJECTING.
AND THESE ARE, THESE ARE PROBABLY JANUARY, FEBRUARY HOME VALUES FOR THAT FIRST PYD BOND.
AND SO WHAT WILL HAPPEN IS NOW THAT YOU'RE IN THE CITY AND HERE, I'M NOT TALKING ABOUT THE COUNTY, I'M NOT TALKING ABOUT ANYONE.
I'M TALKING ABOUT THE CITY ON THE $965,000.
THE CITY WILL COLLECT $3,102 INTO THEIR GENERAL FUND.
THIS IS JUST AREA ONE THAT'S PER HOME.
AND THEN ON THE INCREMENT, AS THE HOMES BUILT UP IN VALUE, YOU'LL COLLECT NOT ONLY THE 31 0 3, BUT YOU'LL COLLECT THE FULL TAX RATE ON ANY INCREMENTS OVER THAT.
AND THEN ONCE THE PIT BONDS ARE PAID OFF, THE ENTIRETY OF THAT AD VALOREM BASE GOES TO THE CITY'S GENERAL FUND.
ONCE WE GO THROUGH THAT MIST UP.
BUT BASICALLY ONCE WE DO THIS THREE TIMES FOR THREE AREAS OR THREE PHASES OF THE DEVELOPMENT, WE BASICALLY HAVE BUILT UP THAT ENTIRE TRAUNCH OR THOSE THREE TRONCHES FOR THE PIT BOND ISSUANCES.
THAT'LL BE THE SAME PROCESS THREE TIMES OVER.
AND THAT'S WHY WE HAVE A 40 YEAR TERM TERM.
WE WANT TO MAKE SURE THAT THE FIRST AND LAST BONDS ARE, ARE DONE, UH, OVER THAT PERIOD OF TIME.
UM, WITH THAT SAID, UH, YOU CAN'T SEE IT HERE, BUT IF YOU LOOK AT THAT THIRD PIT BOND ISSUANCE, THE HOME VALUES, THERE ARE $1.16 MILLION.
AND IF YOU LOOK AT THE, UH, EXAMPLE ON THIS PREVIOUS SLIDE, THE INCREMENT THAT YOU GET OVER THE 9 65 WOULD BE AN ADDITIONAL THOUSAND DOLLARS TO THE CITY.
AND BY THE TIME WE GET SIX, EIGHT YEARS DOWN THE ROAD, THAT'S WHAT WE THINK THE HOMES ARE GOING TO BE VALUED.
SO THE WAY IT WORKS, AND THIS GETS DIRECTLY TO YOUR QUESTION IS FROM THIS POINT FORWARD, GOING BACK TO THE, UH, TERMS WHERE IT WOULD, UH, BE IN THE CITY VERSUS THE NOTERS, YOU WILL COLLECT, YOU WILL STILL COLLECT 32 CENTS PER HUNDRED DOLLARS OF VALUE.
UM, THAT 3,100 THAT YOU SAW ON THE PREVIOUS SLIDE, AGAIN FOR THE BASE VALUE, ONLY THAT DOESN'T INCLUDE THE INCREMENT FOR 3,315 HOMES.
AGAIN, THAT DOESN'T INCLUDE THE FUTURE AREAS OR PHASES THAT WE'LL HAVE HIGHER PRICES.
AS WE GO WILL BE A MINIMUM OF $977,000.
OVER THE 40 YEAR TERM, THE CITY WILL STILL COLLECT $39 MILLION IN REVENUES, THE OTHER FUNDS.
AND THIS IS ALSO, I THINK SOMETHING THAT WE TALKED ABOUT WITH SCOTT, UM, THE, BEFORE YESTERDAY, WAS THAT BEING IN THE CITY, WE WOULD HAVE TO PAY ADJUSTEDLY MILE FEES.
THAT WAS PART OF THE DEVELOPMENT AGREEMENT.
THAT'S NOT OUT THERE OTHERWISE.
AND THEN ALSO THE CITY DEDICATION AND THE CITY PARK IMPROVEMENT FEES, NOT BEING IN THE CITY, WE WOULD NOT PAY THOSE FEES.
SO WE WENT THROUGH AND DID THE CALCULATION.
AND SO THESE WERE THE OTHER FEES THAT WE WOULD PAY.
I DIDN'T REALLY GET INTO THE WATER BILLING FEES.
I KNOW THAT'S A, THAT'S A SITUATION HERE.
UM, I DIDN'T GET INTO BUILDING INSPECTION FEES FOR ME, THAT'S A PASS THROUGH, BUT WHAT WE WERE TRYING TO DO HERE IS QUANTIFY TO THE CITY, WHAT, OVER THE NEXT 40 AND WHAT DURING THE DEVELOPMENT PERIOD WOULD BE THE RELEVANT FEES.
AND THEY, THESE ARE WHERE YOU, WHERE YOU CAN START LOOKING WITH YOUR COUNCIL MEMBERS AND WORKING ON THEM WITH YOUR MASTER PLAN.
HEY, WE'VE GOT A TRAILS MASTER PLAN, WE'VE GOT A PARK MASTER PLAN.
WE WANT THESE FEES TO GO TO THOSE THINGS.
THIS IS MONEY THAT, THAT GOES TOWARDS THAT.
UM, SO AGAIN, JUST STRICTLY TALKING ABOUT THE AD VALOREM BASE OR THE, THE PROPERTY TAX REVENUE, THAT'S WHAT THIS SLIDE WAS DONE FOR TO TALK A LITTLE BIT ABOUT THE FEES, FINES, AND FINANCES.
WE CALL IT THE THREE F'S IN CITY, GOVERNMENT, UH, SPENDING.
THIS WAS KIND OF DEALING WITH THAT.
AND THEN I, THIS OBVIOUSLY ISN'T A SALES TAX GENERATION, BUT IT WILL HAVE LEAKAGES WHERE, YOU KNOW, THE RESIDENTS MOVE IN, THEY SHOP, UH, THEY COME TO THE COMMUNITY, THEY, THEY SHOP IN ALL YOUR STORES.
THEY LAUNCH, THEY GO AND DO OUTINGS SUNDAY MORNING, ET CETERA, ET CETERA, ET CETERA.
SO IT'S KIND OF A LINKAGE OF LEAVING, BUT I DON'T REALLY HAVE A GOOD WAY TO TRACK THAT.
SO TO THAT END, I THINK IT'S VERY IMPORTANT.
THIS IS THE IMPORTANCE OF MASTER PLANNING IS MAKING SURE THAT THESE MAPS ARE DRAWN SO THAT, UM, THESE PROJECTS THAT ARE CLEARLY IDENTIFIED ON THE MASTER PLAN AND THE PARKS PLAN, ET CETERA, THAT THESE ITEMS ARE EARMARKED FOR THAT.
AND SO WITH THAT BEING SAID, UM, THE OTHER THING THAT I WOULD MENTION IS THE 10% PID FEE THAT WAS TYPICALLY DONE, AS I UNDERSTAND IT FOR OUT OF CITY PIDS, WE ARE, WE HAVE AGREED TO PAY THAT 10% IN SPITE OF ANNEX.
[05:25:01]
WE HAD IS WE WANTED TO MAKE SURE THAT THE WATER TANK WAS DONE AND THAT REALLY IT'S OVERSIZED FROM OUR PERSPECTIVE.WE DON'T NEED A WATERTIGHT FOR 315 LOTS, BUT WE THINK IT'S IMPORTANT FOR THE ENTIRETY IN THAT WHOLE AREA FOR FIRE PROTECTION, FOR PRESSURE MAINTENANCE AND SO FORTH.
I'M AM I'M TRULY AGNOSTIC AS TO WHERE THE REST OF IT GOES.
IN MY VIEW, A RISING TIDE RAISES ALL SHIPS.
I THINK IT'S IMPORTANT THAT THE COUNCIL HAVE SERIOUS DISCUSSION ABOUT MAKING SURE THAT WHEN THAT TIDE DOES COME IN, THAT EVERYONE IN TOWN BENEFITS, I'M, I'M RIGHT THERE WITH YOU ON THAT.
SO THAT'S A DISCUSSION THAT HAPPENS BEYOND EVEN THIS MEETING, BUT I UNDERSTAND THE IMPORTANCE OF IT.
THE, THE ROUGH NUMBER AT THIS POINT IS 2.8 MILLION MINUS THE 1.6.
SO THAT REMAINDER WOULD BE REALLOCATED THOROUGHLY.
UM, CUSTOMER TOBY HAS TALKED ABOUT, UH, AD VALOREM TAX OF 3%.
MIKE COULDN'T COUNSEL, EARMARK THAT I'M JUST CURIOUS, IT'S DONE ANNUALLY IN THE BUDGET PROCESS, SO WE COULD MARK IT IN THE, UH, YOU CAN, I MEAN, AS WE START ON REVENUE, AS SOON AS WE BRINGING IN REVENUE COULD HAVE EARMARKED THAT TOWARDS WHATEVER WE WANT, RIGHT.
COUNSEL CAN BUDGET FOR THOSE RECEIVED REVENUES.
I'M JUST MAKING SURE, YEAH, I KNOW THAT.
UH, BUT EARLIER THEY SAID WE COULDN'T DO THAT.
NO, THEY SAID YOU COULDN'T TAKE MONEY FROM THE TERS THE AVALARA TAX FROM THE TERRORS AND USE IT, BUT YOU CAN TAKE JUST TAX THAT GOES INTO THE GENERAL FUND.
AND THEN YOU COULD USE THAT FOR WHATEVER YOU WANT.
LIKE WE DO EVERY YEAR, SORRY, MORE CLARIFICATION IS NEEDED BECAUSE IT'S AD VALOREM, TEXAS, CAN'T BE, YOU CAN'T SAY 3% OF PROPERTY TAXES COLLECTED, UH, UH, ARE DEDICATED TO ANY PARTICULAR USE DIRECTLY FROM THE TAX REVENUE TO THE USE.
THE PROCESS IS WE COLLECT THE MONEY.
IT COMES UNRESTRICTED INTO THE GENERAL FUND.
THEN WE CAN ALLOCATE IT AS A GROUP FOR HOWEVER WE WANT, BUT THERE, SO YOU CAN'T DO THAT IN A DEVELOPMENT AGREEMENT.
YOU COULD DO IT IN OTHER THINGS THAT ARE CITY FOCUSED, BUT WHAT YOU CAN DO WITH THE DEVELOPER AGREEMENT IS TAKE THE, UH, PROCEEDS THAT ARE, UH, COMING FROM THE PROJECT THAT ARE EARMARKED FOR STAGECOACH, FOR EXAMPLE, AND MOVE THOSE THAT WOULD HAVE A MATERIAL IMPACT ON WHERE THOSE, THOSE FUNDS GO.
CAN I ASK LEON HOW MUCH, UH, ROAD $2 MILLION GIVES US I HAVE FIVE BUCKS AT THIS HOUR.
I'VE ALREADY WON A FOUR PERSON DINNER TO SONIC ON A COURTESY OF TIM GREEN, BUT I'M GOING TO, I'M GOING TO TOBACCO AUCTION AREA AT ABOUT 750 BUCKS A LINEAR FOOT.
UM, TAKE 2 MILLION DIVIDED BY THAT.
AND THAT'S USUALLY ABOUT THE LENGTH.
LEON, DID YOU SAY 1.2 MILLION? UH, ONE, LET'S SAY 2 MILLION.
LET'S JUST GO, LET'S GO ALL OUT.
HOW MUCH WILL $2 MILLION GET US? WE'VE BEEN USING A ROUGH NUMBER ABOUT $10 MILLION A MILE FOR SOME OF OUR, UH, COMPLETE ROADS.
SO THAT WOULD BE ONE FIFTH OF A MILE, ONE FIFTH OF A MILE.
SO WE WILL GIVE YOU GUYS A TERS IF YOU GIVE US ONE FIFTH OF A MILE.
YEAH, NO THAT'S SO I HAVE A FOLLOW-UP QUESTION.
HOW MUCH DOES 900? IT'S NOT, NOT TO MIKE IT'S TO PREVENT OR ANYONE OTHER THAN MY CAUSE THIS IS INTERNAL DISCUSSIONS, BUT HOW MUCH DOES 900,000 TO A MILLION DOLLARS A YEAR GENERATE IN BONDING CAPACITY TO PAY FOR CAPITAL PROJECTS? WOULD PREVIOUS GO TO HE WALK OUT? I MISTAKE.
WELL, IF YOU'RE GOING TO ASK IT, I MEAN, CAUSE TO ME, I, I AGREE WITH YOU.
IF YOU'RE THINKING THAT, UH, THAT ONE AND A HALF MILLION OR HOWEVER MUCH, IT'S NOT A BIG CONTRIBUTION, A FIFTH OF A MILE SOUNDS LIKE THEY'RE GOING TO PAY FOR ALL THE STAGECOACH IN FRONT OF THEIR PROPERTY TO BE UPGRADED IS WHAT THAT SOUNDS LIKE.
WHICH SEEMS LIKE A PRETTY GOOD THING TO ASK, BUT THE REALITY IS THE CASHFLOWS, UH, OR WHAT I HARP ON.
AND WHAT I'VE TRIED TO COMMUNICATE HERE IS LIKE THE CASHFLOWS RIGHT NOW PROPOSED TO COME FROM THE DEVELOPMENT ARE ZERO.
AND YET WE'RE GOING OUT TO BOND THE BOND, THE BOND, WE HAVE A CAPACITY BASED ON CASH FLOWS.
SO IF IT BRINGS IN NO CASH FLOWS AND WE PUT IN STAGECOACH, LIKE WE'VE BEEN CONTEMPLATING PLUS BB AND WINDY HILL AND ALL THESE OTHER PROJECTS, THE CASH FLOWS FROM THE GYM, THEY GO INTO THE GENERAL FUND OR WHAT PAY FOR THAT, BUT A MILLION DOLLARS IN CASH FLOWS THAT WOULD BE RECEIVED FROM THIS PROJECT ANNUALLY WOULD TRANSLATE TO ROUGHLY HOW MUCH IN BONDING CAPACITY.
UH, IF YOU DON'T HOLD ME TO, I DON'T KNOW THE MARKET CONDITIONS FIVE YEARS FROM NOW, BUT IT WILL BE AROUND 10 MILLION.
[05:30:01]
IS WHAT I SAID.THIS IS A STAGECOACH OR ANOTHER ROAD.
YOU'RE TALKING ABOUT A $10 MILLION BOND THAT IF THESE PROJECTS WERE ON THE GROUND TODAY, YOU COULD PUT ON JUST THIS DEVELOPMENT TO PAY FOR HALF OF POTENTIALLY WHAT STAGECOACH WOULD BE.
SO THERE'S A LOT OF WAYS TO LOOK AT IT, BUT WELL, CAN I ASK PEREZ HOW MUCH IT WOULD COST TO PUT IN THE TERSE ONE TO BEGIN WITH HOW MUCH WOULD COME OUT OF OUR GENERAL FUND TO GO INTO THE TERSE FUND FOR THIS DEVELOPMENT? INITIALLY, THERE WON'T BE ANY TRANSFER TO THE TERRORS FROM THE GENERAL FUND.
IF WHAT THE DEVELOPER'S SAYING, ACTUALLY BEARS OUT.
IF WE CAN SELL MILLION DOLLAR HOMES AND KYLE TEXAS, AND WE HAVE A MARKET FOR IT, OBVIOUSLY THERE IS, THEY WOULDN'T BE HERE.
SO 50% OF THAT TAX REVENUE WILL GO INTO THE GENERAL FUND.
SO THE GENERAL FUND WOULD NOT BE MAKING ANY CONTRIBUTIONS.
HOWEVER, THERE IS A COST TO THE GENERAL FUND.
IF THIS DEVELOPMENT IS WITHIN THE CITY, YOU WILL HAVE TO PROVIDE THE STREET MAINTENANCE.
YOU WOULD HAVE TO PROVIDE POLICE PROTECTION BECAUSE IT'S NO LONGER COUNTY'S RESPONSIBILITY.
SO THOSE COSTS WILL HAVE TO BE ADDED TO THE GENERAL FUND.
I DON'T HAVE A NUMBER OFF THE TOP OF MY HEAD, BUT ONE COP, FULLY UNIFORM GUN, AND IN A PATROL CAR, IT'S ABOUT A HUNDRED THOUSAND DOLLARS A YEAR.
AND THEN WHAT ABOUT THE ROADS IF THEY WANTED TO BUILD, LIKE, I'M SURE YOU'VE SEEN THE PLANS.
WHAT DO THOSE ROADS LOOK LIKE? AND HOW MUCH IS THAT GOING TO COST? IT WOULD NOT COST THE CITY.
THEY WOULD BE BUILDING THE ROADS, BUT THEY WOULD, UH, TURN IT OVER TO THE CITY FOR THE MAINTENANCE.
THAT WAS LITERALLY MY BIGGEST ISSUE WITH THE ORIGINAL 2015 INTERIM DEVELOPMENT AGREEMENT.
THE WHOLE TRI-PARTY AGREEMENT CAME FROM THAT QUESTION BECAUSE AN OUT OF CITY PIT, WHICH IS WHAT THEY CURRENTLY HAVE, THEY BUILT BRAND NEW ROADS, 30 YEARS GO BY.
WE COLLECT 0 0, 0, 0 FOR 30 YEARS.
AND THEN THEY DEDICATE ALL OF THAT OVER.
AND WE COLLECT OUR FIRST PENNY AND YOU'RE 30 WHEN THE ROADS ARE NEARLY FINISHED AND COMPLETED.
SO NOT ONLY IS IT NOT PROVIDING CASH FLOWS FOR 30 YEARS, BUT WHEN YOU ANNEX YOUR ANNEX IN A LIABILITY THAT HASN'T, SO THAT'S THE POINT OF THE $39 MILLION IS THAT'S OVER, OVER THE COURSE OF 30 OR 40 YEARS OR WHATEVER FOR THE CITY REVENUES THAT WOULD COME IN THAT IF WE DON'T COLLECT THOSE UNDER THEIR CURRENT AGREEMENT, AND THEN WE ANNEX THEM, THEN, THEN WE'RE HAVING TO PREDICT OUT INTO THE FUTURE TO BOND AND BORROW MONEY IN ORDER TO FIX THE MAINTENANCE.
AND SO THAT'S THE, SO IF WE DON'T PARTICIPATE IN THIS TERSE AND THEY'RE IN THE COUNTY AS A COUNTY GOING TO GIVE HIM A TERSE, NO, IF THEY DON'T PARTICIPATE IN THE TERSE, UH, THE COUNTY IS PARTICIPATING WITH US IN THE TOURISTS, THEY'RE LOWERING THEIR TAX RATE, WHICH SO THE, THE COUNTY'S CASH FLOWS WILL GO UP, NOT DOWN.
SO IF THE IDEA IS LET THEM BUILD, UH, AND LET'S JUST NEVER ANNEX THEM AND LET IT BE COUNTY ROADS, COUNTY SPECS, UH, THEN, THEN THAT'S FINE.
THEY'RE JUST GOING TO BE DRIVING ON STAGECOACH AND ALL THOSE ROADS AND, AND NOT PAYING ANY TAXES FOR IT.
SO I DON'T UNDERSTAND FINANCIALLY HOW YOU CAN NOT SEE THAT THIS IS ANYTHING OTHER THAN THE WAY IT'S CURRENTLY SET UP IS DESIGNED TO MAXIMIZE THE CASH FLOWS TO THE CITY'S GENERAL FUND, TO BE USED FOR PROJECTS ALL THROUGHOUT THE CITY.
THAT IS WHAT THE TERS IS DESIGNED TO, TO CREATE.
IT'S NOT, IT'S NOT DESIGNED TO CREATE AN ADDITIONAL SUBSIDY.
THEY ALREADY HAVE THE SUBSIDY IN THE SAVANNAH, UH, UH, UH, IN THE ENTIRE BLAKE OF RED RIVER RANCH.
THEY HAVE ALL THE ENTITLEMENTS TO DO EVERYTHING.
THEY JUST WON'T HAVE TO PAY ANY TAXES IF WE DON'T, IF WE DON'T ANNEX THEM.
I DO FIND IT INTERESTING THAT YOU SAY THAT WHEN THE AUTHOR WHO WROTE THE STATUTE SPECIFICALLY SAID THE GOAL WAS TO TAKE A DECLINING INNER CITY AREA AND CREATE A SITUATION WHERE THERE WOULD BE MONEY TO REHABILITATE IT AND TURN IT AROUND.
SO HOW IS IT THAT, YOU KNOW, WHAT A TERS IS FOR WHICH IS, SEEMS TO BE A LITTLE BIT OPPOSITE OF WHAT THE ACTUAL AUTHOR SAID, I'M DISCONCERTING.
I CAN'T SPEAK TO THE AUTHOR OF THE STATUTE.
I CAN SPEAK TO HOW THE TERMS IS, ARE BEING USED.
THE CITIES THAT WE'RE GOING TO THAT ARE MODELING WHAT THEY DO, UH, HOW, HOW TO GO FROM WHERE WE ARE TO A CITY THAT PROSPERS FINANCIALLY, UH, THEY FIND CREATIVE WAYS TO BRING CASH FLOWS INTO THEIR CITY.
AND SO, SO, SO MUCH, SO THAT FRISCO, UH, WAS ACUTE.
LIKE THEY HAD TO REWRITE THE STATUTE BACK IN 2006 BECAUSE OF HOW SMART FRISCO WAS SETTING UP DEALS THAT BENEFITED FRISCO.
UH, SO THAT'S THIS, THIS, UH, THE TERS IS A, IS A TOOL, UH, THEY'RE MORE POWERFUL THAN OTHER STATES.
HERS ARE IN EVERY STATE THROUGHOUT THE COUNTRY, OR NOT EVERY STATE, I SUPPOSE, BUT MANY, MANY, MANY STATES IT'S JUST A TOOL.
AND IF WE'RE ALLOWED TO USE IT WITHIN THE CONFINES OF THE LAW AND IT BENEFITS US, UH, I'VE ALREADY SAID THAT.
SO IF YOU DON'T THINK IT, HERS IS, IS LEGAL
[05:35:01]
OUT HERE, THERE'S NOT A WHOLE LOT OF DIFFERENCE BETWEEN IT IN TERMS OF NUMBER TWO, IN TERMS OF NUMBER ONE, AS FAR AS THE MENTALITY FOR GENERATING ECONOMIC DEVELOPMENT AND GROWTH, UM, THAT DOESN'T NECESSARILY NEED TO BE RE RE LITIGATED.SO, I MEAN, WE CAN DEBATE IT ALL DAY, BUT I, I KIND OF GO BACK TO, BUT TOBY IS, AND JUST SAY, WHAT DO YOU WANT TO DO? CAUSE WE'RE JUST ABSOLUTELY GRIDLOCKED ON THIS THING.
AND IT'S IT, OBVIOUSLY IT SEEMS THAT, YOU KNOW, WE'RE, WE'RE DIVIDED ON THIS AGAIN.
AND, UM, MY WHOLE PURPOSE OF GYN WAS TO BRING IN, IN BRINGING IT BACK WAS TO BE ABLE TO EARMARK DOLLARS THAT WERE COMING IN.
UM, YOU KNOW, UH, I WANT TO SEE IMPROVEMENTS IN OUR CITY, ESPECIALLY IN AREAS THAT ARE MUCH, MUCH DATED.
AND I'M JUST TRYING TO FIND A WAY SINCE WE HAVE A, UM, A DEVELOPER THAT'S COMING IN, NOT TOO STRONG HOMEOWNER THAT HAS NOTHING TO DO WITH THAT.
I'M JUST TRYING TO CAPITALIZE ON HOW WE CAN BE ABLE TO USE SOME OF THESE FUNDS AND MAKE SURE THAT IT'S GUARANTEED, THAT WE CAN HELP IMPROVE A LOT OF OUR INFRASTRUCTURE THAT WE'RE HAVING PROBLEMS WITH.
AND SO I'M, I'M KIND OF ASKING FOR, UM, THAT WHEN WE WENT, UH, BY BRINGING THIS BACK AND THAT'S KIND OF WHERE I'M KIND OF STUCK AT RIGHT NOW.
SO, SO TWO THINGS FIRST IS THAT THE, I, I AGREE WITH YOU, BUT THE, THE, THE THING THAT I THINK ABOUT IS, CAUSE WE HAVE A TON OF ROADS THAT NEED, WHEN WE'VE BEEN TALKING ABOUT IT NOW FOR 18 MONTHS, WE'VE BEEN BRINGING FORWARD, UH, THROUGH OUR VISIONING WORKSHOP.
AND WHAT WE'RE PLANNING TO DO HERE IN TWO OR THREE MONTHS IS PROPOSED ABOUT PROBABLY A HUNDRED MILLION DOLLAR BOND, A HUNDRED MILLION DOLLAR BOND.
WITHOUT THIS DEAL, THAT'S A HUNDRED MILLION DOLLARS IN, IN, IN, UH, DEBT THAT THE IN CITY TAXPAYERS HAVE TO COLLECTIVELY CARRY.
IF WE PASS THIS DEAL AND IT PRODUCES A MILLION DOLLARS IN REVENUE, I MEAN, THERE'S SOME OVERLAP WITH TIMING, BUT THE, THE MATH OF IT HOLDS A HUNDRED, A MILLION DOLLARS IN REVENUE THAT GETS GENERATED.
IF IT WAS ALL BEING ABLE TO USE FOR DEBT WOULD CREATE ABOUT A $10 MILLION BONDING CAPACITY.
SO LITERALLY THIS DEAL IS 10% OF THE DEBT SERVICE NEEDED FOR OUR HUNDRED MILLION DOLLAR BOND.
SO YOU CAN TAKE A HUNDRED MILLION DOLLARS AND REDUCE IT BY 10 MILLION BY PASSING THIS DEAL THROUGH CASH FLOWS AND BONDING POWER.
OR YOU CAN SAY, NO, WE'RE NOT GOING TO ALLOW THIS DEAL.
WE'RE STILL GOING TO TAKE STAGECOACH TO THE VOTERS.
WE'RE STILL GOING TO TAKE BB AND WENDY HILL AND ALL THESE OTHER THINGS TO THE VOTERS.
AND WE'RE GOING TO HAVE LESS BONDING POWER BECAUSE OF A MILLION DOLLARS A YEAR IN CASH FLOWS TO THE GENERAL FUND, WHICH PAYS FOR THAT DEBT SERVICE THAT WE ARE DENYING OURSELVES BY TELLING THIS DEVELOPMENT, WE WANT TO KEEP THEM IN THE CITY.
SO THE TWO THINGS WOULD BE NUMBER ONE, THE PID CONTRIBUTION.
WE CAN MAKE AN IMMEDIATE IMPACT ON THE PYD CONTRIBUTION TOWARDS EAST SIDE PROJECTS AND SOLIDIFY THAT, WHICH GUARANTEES THOSE DOLLARS TO GO THAT DIRECTION.
AND NUMBER TWO IS THAT IN OUR BUDGETING PROCESS, WE CAN MAKE SURE THAT WE ARE, UM, UH, INCORPORATING THE CASH FLOWS FROM THIS PROJECT INTO THE OVERALL FLOW.
BUT WHAT WE CAN'T DO IS DEDICATE TAX PENNIES, YOU KNOW, FROM OUR AD VALOREM, WITHOUT GOING THROUGH THE BUDGETING PROCESS AND IN MAY, OR THE, THERE IS THE JASON LANE MILE FEE AND THE PARK FEES THAT COULD ALSO BE DEDICATED OR EARMARKED AS PART OF THIS PROCESS.
SO I HAVE A DIFFERENT VIEWPOINT ON THIS THAN PERHAPS ALL OF YOU ON.
UM, WE HAVE DISCUSSED THIS SEVERAL TIMES IN EXECUTIVE SESSION, HAD THIS EXPLAINED, UM, WE'VE TALKED ABOUT IT SEVERAL TIMES.
PUBLICLY FIRST VOTE WENT 61, THEN FIRST READING, AND THEN THE SECOND READING, IT FAILED FOR THREE, UH, COUNCIL MEMBER TO BSU BROUGHT THIS BACK.
I THINK YOU'VE HEARD ALL THE DIFFERENT AVENUES TO GET TO THE OBJECTIVE THAT YOU WANT TO GET.
WE MAKE A MOTION AND MAKE A DECISION AND HAVE A VOTE AT THIS POINT.
AND THIS WAS REFERENCING THROUGH 41 THROUGH 47 7.
I'D LIKE TO GO AHEAD AND MAKE A MOTION THAT WE APPROVE 41 THROUGH 47 TO ADD SOME AIRMARK UP TO 2 MILLION FOR EAST SIDE INFRASTRUCTURE DEVELOPMENT AND PROJECTS.
SECOND, A MOTION BY A CUSTOMER TOBIA SECONDED BY THE MAYOR THAT WE APPROVE, UH, THE ITEMS, UH, EARMARKING UP TO $2 MILLION,
[05:40:01]
UH, TO CLARIFY THAT'S YOUR, IN YOUR MIND, THAT'S THE ELEVATED STORAGE TANK STAYS THE WAY THAT IT IS.UM, AND THEN ALL REMAINING PROCEEDS WOULD BE FOR EAST SIDE INFRASTRUCTURE PROJECTS.
IS THAT CLEAR IN THEM AND IN THE MOTION? UH, AND, UH, IS THERE DISCUSSION ON THE MOTION AND PAGE THE, WHAT AGREEMENTS WOULD BE AMENDED THE DEVELOPMENT AGREEMENT AND WHAT ELSE WOULD BE THERE? AND JUST THE DEVELOPMENT AGREEMENT WOULD BE AMENDED TO CHANGE THE, WHAT THAT PID FEE WOULD BE USED FOR.
UH, ANY OTHER DISCUSSION ON THE MOTION? ROLL COBALT.
UM, WE HAVE, UH, TWO ITEMS REMAINING.
THE OTHER WAS THE ITEM WE SKIPPED FROM THE VERY BEGINNING, UH, ITEM NUMBER NINE.
SO I'M GOING TO BRING THAT ONE UP AND THEN WE'LL DO 48.
IT'S THE BRIGHT VIEW LANDSCAPING SERVICES, UH, ITEM, IF THERE ARE NO OBJECTIONS, WE'LL BRING THAT BACK FORWARD PAGE.
SO THE, THE CITY'S ORIGINAL CONTRACT IS WITH W L E THE AGREEMENT IS BINDING ON SUCCESSORS AND ASSIGNS.
SO WITH BRIGHT VIEW, ACQUIRING THAT BUSINESS, THOUGH, THE CONTRACT IS AUTOMATICALLY BINDING ON SUCCESSORS AND ASSIGNS.
UM, WHAT YOU ULTIMATELY WANT IS YOU WANT TO MAKE SURE YOU'VE GOT THE ABILITY TO ENFORCE THE AGREEMENT, THE ABILITY TO ENFORCE THE AGREEMENT.
SO I'D RECOMMEND FOR THE COUNCIL.
IF YOU WANT TO ACT TONIGHT, WHAT I'D RECOMMEND IS THAT YOU APPROVE THAT, UM, CHANGE ORDER WITH BRIGHT VIEW EXECUTING A THIRD ADDENDUM TO THE AGREEMENT SO THAT THE ENTITY THAT'S GOING TO ACTUALLY DO THE WORK IS SUBJECT TO THE EXISTING AGREEMENT.
SO THAT'S THE FIRST THING I WOULD DO.
AND THEN THE SECOND THING THAT WE DO ON AT THE STAFF LEVEL WOULD BE TO REQUEST THE BRIGHT VIEW, PROVIDE A LETTER, JUST ADVISING WHO'S ACQUIRED THAT AGREEMENT, PROVIDE US WITH SUITABLE DOCUMENTATION TO SUPPORT THAT.
SO I'M NOT ASKING FOR ACTION ON THAT.
I'M JUST SUGGESTING THAT THE WAY WE DOCUMENT APPROPRIATELY IS WE REQUEST A LETTER FROM BRIGHT VIEW.
CAUSE THEY'VE GOT TWO ENTITIES, THEY'VE GOT A KIND OF A MOWING ENTITY, AND THEN THEY'VE GOT A CONSTRUCTION ENTITY.
THE MOWING ENTITY IS WHAT'S ASSUMING YOUR EXISTING CONTRACTS.
IF I'M UNDERSTANDING CORRECTLY, THE ENTITY THAT'S GOING TO PERFORM ON YOUR CHANGE ORDER IS THE CONSTRUCTION ENTITY.
AND WE NEED THEM TO EXECUTE A THIRD ADDENDUM AND BE SUBJECT TO ALL THE TERMS AND CONDITIONS OF YOUR EXISTING AGREEMENT.
WAS THAT JERRY, YOU SAID TWO WEEKS OF DELAY.
IF WE DON'T MOVE IT FORWARD RIGHT NOW, BECAUSE THAT'S THAT'S A LOT OR ARE THEY, UH, WELL, I MEAN, IT'S, IT'S, IT'S AN ISSUE WITH, I DON'T, I DON'T WANT TO DELAY IT, BUT I DON'T, I DON'T THINK IF DELAYING IT TWO WEEKS.
TELL US, TELL US WHAT TO DO HERE.
MORE IMPORTANTLY PAGE, IF YOU COULD TELL US WHAT THE LEGAL THING TO DO HERE IS THAT'D BE GREAT.
I WOULD SAY YOU COULD APPROVE IT WITH A THIRD AGENDA AUTHORIZE THOSE.
SHE LITERALLY JUST GAVE HER LEGAL OPINION.
I HAD A DIFFERENT QUESTION ABOUT CONSTRUCTION AND OTHER, OTHER THINGS.
SO, SO IF YOU APPROVE THE PURCHASE ORDERS TONIGHT WITH THE CONDITION THAT THEY'VE PRODUCED, THAT DOCUMENTATION, THAT PAGES HAS MENTIONED THAT THEY FAILED TO PRODUCE IT BY THE NEXT COUNCIL MEETING, AND THEN WE'LL DIRECT THEM TO STOP WORK AND WE'LL RECONSIDER OUR OPTIONS.
I DON'T WANT TO DO THAT PERSONALLY.
I'D RATHER JUST WAIT, WHAT DO Y'ALL WANT TO DO? Y'ALL WANT TO MOVE IT FORWARD.
I DON'T WANT TO DELAY THE PROJECT, BUT IT JUST IS GOING TO BE SOME ISSUE.
YOU CAN TELL ME IF THIS IS AN ACCEPTABLE, THAT SINCE THE COUNCIL HAS AUTHORIZED THE FUNDING AND APPROVED THE WORK, CAN THEY CONTINUE WORKING WITHOUT AN AUTHORIZED PM? UM, THEY'RE THE ONES THAT KICK THE PILLS BACK TO US.
IT JUST WOULD BE GOOD TO HAVE A CON MAKE SURE WE HAVE THAT CONTRACT SO THAT THEY
[05:45:01]
ARE SUBJECT TO THOSE TERMS AND CONDITIONS.SO IT'S A PERFORMANCE ENFORCEMENT ISSUE, MOTION TO POSTPONE MOVED BY CASPER NUMBER FLOORS, KALE SECONDED BY COUNCILOR BRADSHAW, DISCUSSION ON THE MOTION, ALL IN FAVOR, SAY AYE.
WE'LL SEE IT AT THE NEXT MEETING.
SO WE'LL JUST GONNA HAVE TO WAIT.
NEXT UP AGENDA ITEM 47 CONSIDERATION DISCUSSION POSSIBLE ACTION.
UH, ON A RESOLUTION ACCEPTING THE PETITION TO INCREASE THE ESTIMATED COST OF THE COFFEE TO SEVEN PUBLIC IMPROVEMENT DISTRICT SETTING A PUBLIC HEARING.
JOHN SNYDER, UH, MAYOR COUNCIL, JOHN SNYDER WITH T3 WORKS.
UM, THIS, THIS ITEM, THE DEVELOPERS REQUESTING AN INCREASE, UH, IN THE AUTHORIZED MAXIMUM AMOUNT FROM $8 MILLION TO $9 MILLION.
UH, THEY DECIDED INCREASED, UH, CONSTRUCTION COSTS AS WELL AS INCREASED BONDING CAPACITY AS A RESULT OF, UM, AN APPRAISAL THAT CAME IN HIGHER THAN EXPECTED AS WELL AS INCREASED HOME VALUES.
UH, JUST GENERAL MARKET CONDITIONS.
THE, THE ORIGINAL PETITION LISTED $8 MILLION IS THE MAX.
UM, THERE'S STILL A QUESTION AT THE AGS OFFICE, IF THAT REALLY IS A HARD CAP OR NOT.
THERE'S ACTUALLY A COUPLE OF QUESTIONS IN RIGHT NOW, BUT WE HAVEN'T GOTTEN A RESPONSE BACK.
SO THIS IS THE KIND OF THE SAFE WAY TO GO BELTS AND SUSPENDERS AND COME BACK WITH A PETITION.
SO I THINK EITHER WAY, WE'RE COMING BACK, MAY 17TH.
UH, IF YOU ALL APPROVE THIS, WE'LL COME BACK WITH A NUMBER THAT IS LESS THAN $9 MILLION.
I THINK IT'S IN THE RIGHT NOW, WE'RE LOOKING AT PROBABLY EIGHT AND A HALF MILLION.
IF THIS ISN'T ACCEPTED THAT WE WOULD COME BACK PROBABLY WITH THE $8 MILLION NUMBER, UH, ON THE 17TH.
AND I LOOK FORWARD TO A BOND PRICING ON JUNE 7TH, WHAT'S THE, LET'S SAY EXTRA MONEY GOING FOR, UH, IT'S GOING FOR ADDITIONAL IMPROVEMENTS, UH, WITHIN THE PROJECT.
BUT THEY, THAT IN THE DEVELOPMENT AGREEMENT, THEY AGREED TO SOME UNDERGROUNDING OF UTILITIES, UH, WAS PART OF THE TRADE-OFF.
UH, I'D LIKE TO MOTION TO APPROVE MOVED BY THE MAYOR'S TAKING IT BY COUNCIL MEMBER BRADSHAW OR THAT WE APPROVE ITEM 47 IS THROUGH DISCUSSION.
MOTION CARRIES 61 NEXT UP JEN ON
[48. (First Reading) An Ordinance Amending Section 47-28 of the Code ofOrdinances, Kyle, Texas and Amending the Tow-Away Zone Under Said Section,Relating to the Removal of Vehicles in No Parking Zones, Fire Access Roads, andFire Lanes; Providing for Enforcement; Containing Findings and Other ProvisionsRelating to the Foregoing Subject; Providing for Severability; and Providing forRelated Matters. ~ Paige Saenz, City Attorney]
48.FIRST READING IN ORDINANCE AMENDING SECTION 47 DASH 28 OF THE CODE OF ORDINANCES, UH, UH, REGARDING TOLLWAY ZONE, UH, UH, UNDER SAID SECTIONS, UH, ET CETERA, UH, PAGE.
THESE ARE THE AMENDMENTS THAT WERE REQUESTED TO COUNCIL MEETINGS AGO TO ALLOW FOR, UM, ENHANCED ENFORCEMENT OF THE FIRE TOW ZONES TO APPLY TO, TO PRIVATE STREETS.
AND SO WE'VE MADE THOSE EDITS FOR THE COUNCIL TO CONSIDER I'D REQUEST THAT IT BE APPROVED.
UM, IF YOU APPROVE IT TONIGHT, IF WE COULD HAVE A SECOND READING ON IT SO I CAN CONFIRM THE CHIEF IS I'VE GOT FINAL COMMENTS FROM HIM.
MOTION TO APPROVE A MOVE BY THE MAYOR.
SECOND ABOUT MAYOR PRO TEM RIZZO THAT WE APPROVED INTO ITEM 48.
IS THERE A DISCUSSION ON THE MOTION CUSTOMER PARSLEY? UM, I DON'T SEE ANYWHERE IN HERE THAT TALKS ABOUT PRIVATE STREETS.
ONE IS WE MADE A PUBLIC STREET SECTION AND THEN A FIRE APPARATUS AND THEN THE FIRE APPARATUS, ACCESS ROADS AND FIRE LANES.
AND SO, UM, SO FIVE SPECIFIES THAT THE TOW WAY AUTHORIZATION IS WHETHER IT'S ON PUBLIC OR PRIVATE PROPERTY.
UM, BUT THE GENERAL AUTHORIZATION TO DESIGNATE, UM, FIRE LANES AND FIRE, NO PARKING TOW AWAY ZONES IS AUTHORIZED BY THE INTERNATIONAL FIRE CODE.
AND SO THAT, THAT EXTENDS TO PRIVATE STREETS IS, IS MY READING OF IT.
THE TOW WAY AUTHORIZATION EXPLICITLY, AND NUMBER FIVE STATES THAT THE TOLLWAY AUTHORIZATION APPLIES TO BOTH PUBLIC OR PRIVATE PROPERTY.
AND THAT'S WHY I WANTED TO HAVE ONE MORE READING SO I CAN JUST CONFIRM I'VE GOT ALL THAT BUTTONED UP WITH THE CHIEF.
ANYONE ELSE? ALL IN FAVOR, SAY AYE.
NAY MOTION CARRIES 61 MOTION TO ADJOURN.