* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. AND NOW [00:00:01] I WILL START THE REGULAR MEETING. GOOD EVENING EVERYONE. THE TIME IS 7:01 PM IT IS TUESDAY, UH, JANUARY 17TH, AND I'M GONNA CALL THIS REGULARLY SCHEDULED CITY COUNCIL MEETING TO ORDER. WOULD ALL PLEASE RISE FOR THE PLEDGE OF ALLEGIANCE. I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TWO REPUBLIC FOR WHICH IT STANDS UNDER GOD, INVISIBLE WITH LIBERTY AND JUSTICE. WOULD THE CITY SECRETARY PLEASE CALL THE ROLL MITCHELL. HERE, TOBIAS. HERE, KAISER. HERE. FLORES. KALE? HERE. ZUNIGA. PRESENT BRADSHAW. HERE. PARSLEY HERE. OKAY. WE HAVE, UH, ALL MEMBERS ARE PRESENT. WE HAVE A QUORUM. NEXT UP. APPROVAL [II.  Approval of Minutes] OF THE MINUTES. MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO GO AHEAD AND APPROVE THE MINUTES FOR CITY COUNCIL SPECIAL MEETING. JANUARY 3RD AND REGULAR MEETING THE SAME DATE. JANUARY 3RD, 2023. ALL RIGHT. MOTION MADE BY MAYOR PROTE TOBI, SECONDED BY COUNCIL MEMBER PARSLEY IS THE DISCUSSION ON THE MOTION. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES. SEVEN [III.  Citizen Comment Period with City Council] ZERO. NEXT UP IS CITIZEN COMMENTS, PERIOD. AT THIS TIME, WE ASK ANYONE IN THE AUDIENCE WHO WISHES TO COME FORWARD AND SPEAK TO, PLEASE DO SO. WE ASK THAT YOU LIMIT YOUR COMMENTS TO THREE MINUTES AND THAT YOU DIRECT THOSE COMMENTS TO THE MAYOR AND COUNSEL. WE ALSO ASK THAT YOU FILL OUT A CITIZEN COMMENTS FORM AND SUBMIT THAT TO EITHER MYSELF OR THE CITY SECRETARY. I HAVE SEVERAL FOLKS WHO ARE REGISTERED TO SPEAK. FIRST UP, LILA KNIGHT. GOOD EVENING. MY NAME IS LILA KNIGHT. I'M HERE TONIGHT TO ENTHUSIASTICALLY SUPPORT THE TRAP NEUTER, UH, RETURN PROGRAM. THIS IS A PROGRAM THAT HAS SUCCESSFULLY WORKED ACROSS THE ENTIRE COUNTRY, AND EVEN IN CITIES IN TEXAS AND IN HAYES COUNTY. IT HAS BEEN PROVEN TO WORK. IT MATTERS AND IT MAKES SENSE AND IT'S FISCALLY RESPONSIBLE AS IT STANDS, STANDS NOW, IF A CARING PERSON DOES THE RIGHT THING AND TAKES A COMMUNITY CAT TO A VET AND HAS IT NEUTERED AND THEN RETURNS IT BACK AGAIN, THEY COULD BE, YOU KNOW, ACCUSED OF ABANDONMENT. AND THAT'S NOT RIGHT. IT'S JUST NOT RIGHT. YOU SHOULD NOT BE CRIMINALIZING YOUR CITIZENS FOR DOING THE RIGHT THING. BUT RIGHT NOW, AS OUR CURRENT ORDINANCE STANDS, THAT'S WHAT WE'RE DOING. AND, AND BY THE WAY, I'M GUILTY . UM, THIS PROGRAM WILL HAVE REALLY FAR-REACHING RESULTS THAT'S GOING TO LIKE REDUCE THE POPULATION OVER TIME. IT VACCINATES THE CATS, IT IMPROVES THEIR HEALTH, AND, UM, IT JUST IS THE RIGHT THING TO DO. UM, AND IT USES VOLUNTEERS. I MEAN, SO, YOU KNOW, IT'S NOT A LOT OF STAFF TIME INVOLVED AND IT'S JUST REALLY GOOD PROGRAM. AND I KNOW, MAYOR, YOU AND I VERY RARELY AGREE ON THINGS, BUT I LOVE IT WHEN WE, WHEN WE CAN FIND COMMON GROUNDS. SO THANK YOU AND I, I URGE YOU TO VOTE FOR THIS. OKAY. THANK YOU. ALL RIGHT, THANK YOU. UH, NEXT UP, UH, SHERRY BOYETTE. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. MY NAME IS SHA BOYETTE. I'M THE HAYES COUNTY ANIMAL ADVOCATE. LET PEOPLE DO THIS FOR KYLE. VOLUNTEERS EXIST TRAP NEW TO RETURN NOT RELEASE IS THE ONLY HUMANE OPTION FOR COMMUNITY CATS. OUT OF COMPASSION KINDHEARTED PEOPLE IN KYLE ARE ALREADY ACTIVELY HELPING CATS BY FIXING AND FEEDING THEM. WE WANT IT TO BE LEGAL. IN KYLE, WE REQUEST REQUEST THAT THE CITY OF KYLE WILL ALLOW THE CITIZENS TO T IN OUR CATS. THUS ENGAGING THE STRENGTH OF CA VOLUNTEERS IN THE COMMUNITY. VOLUNTEERS ARE ALREADY WORKING CITIZENS OF KYLE WISH TO PARTICIPATE IN THE SOLUTION WITHIN THE LAW. WE ARE REQUESTING YOUR BLESSING, YOU THE OFFICIALS. THIS PROGRAM IS ESSENTIAL FOR KYLE. THE NEED IS GREAT. AND WITHOUT EXTENDING T ANDO THE REGION, THE BURDEN OF UNWANTED AND UNHEALTHY CATS WILL CONTINUE TO INCREASE AS THE GROWTH OF KYLE EXPLODES. THE SHELTER IS NOT A PLACE FOR CATS OVER LONG DURATION. WE ASK THAT KYLE WILL DISCONTINUE PROLONGED [00:05:01] IMPOUNDMENT OF HEALTHY COMMUNITY CATS. INSTEAD, THEY WILL ONLY BE TRAPPED BY TEMPORARILY ADMITTED TO THE SHELTER, ONLY TO BE STERILIZED, VACCINATED AND RETURNED TO THEIR ORIGINATION POINT. KYLE'S VOTERS, PUBLIC RESIDENTS ACTING AS CARETAKERS OF UNOWNED CATS NOW BRING THEIR HEALTHY CATS TO THE PALEST IN OUR CLINIC OR VETERINARIAN OF THEIR CHOICE. IDEALLY, CITIZENS WOULD BE BRINGING THEIR CATS TO THE SHELTER VET WHERE THEY WOULD ALSO RECEIVE THESE SERVICES AND THEN TAKE THEM BACK THE NEXT DAY AFTER THEY RECOVERED ANIMAL CONTROL. TNR THROUGH THE HELP OF VOLUNTEERS WOULD MAKE THE ACOS JOBS MUCH EASIER. THEY WOULD HAVE LESS TRANSPORTATIONS, COSTS LESS COMPLAINT. IT'S A WIN-WIN SITUATION. WHEN KYLE'S ACOS BRING CATS AND DOGS TO THE SALE MARKET SHELTER, THEY ARE ALREADY STERILIZED VACCINATED IN MICROCHIP. SO THIS IS NOT NEW. THIS ISN'T ADDING ANY COST. IF YOU, THE CITY KYLE COUNCIL MEMBERS CHOOSE TO DISALLOW DNR, THE RETURN, NOT RETURN THE COMMUNITY CATS, THERE WILL BE A NATURAL VACUUM EFFECT WHEREBY MORE CATS WILL BE THERE AND WE'LL INCREASE THE PROBLEM. WHEN OTHERS ARE TAKEN AWAY TO BE KILLED, MORE WILL MOVE IN EDUCATION. NONE OF THIS STERILIZED FIXED CATS, WHICH ARE RETURNED, WILL EVER BE IN HEAT AGAIN. THUS THEY'LL BE SOLVING THE COMPLAINT ISSUES. THEIR BEHAVIORS WILL CALM DOWN AFTER THEIR FIXED BECAUSE THAT WILL RE RE REMOVE THEIR DESIRE TO MATE AND FIGHT. PEOPLE WHEN EDUCATED WILL PREFER THAT THE CATS ARE NOT AT RISK. ONCE ENTERING THE OVERCROWDED ANIMAL SHELTER, THEY WANT THE CATS' LIVES TO BE PROTECTED. ASK THEM, LET THE COMMUNITY VOTE ON THIS. IF NECESSARY, TELL THOSE WHO WANT THEM TRAPPED IN THE FIRST PLACE THAT THEY'LL BE RETURNING ONCE FIXED. AND EXPLAIN THAT THERE ARE NO OTHER HUMANE OPTIONS FOR THEM EXCEPT POSSIBLE DEATH. EDUCATION AND HUMANE DETERRENTS ARE A WAY TO HELP PEOPLE IN COMPLAINT SITUATIONS. MOST PEOPLE DO NOT KNOW THAT THE LIVES OF THE CATS ARE IN DANGER. CATS ARE FEARFUL IN SHELTERS AND WHEREBY THEY MAY BE CAGED FOR LONG TIME AND LANGUISH OFTEN GET SICK. THIS IS AN ADDED EXPENSE AND MORE OF A BURDEN ON OUR ALREADY CROWDED SYSTEM AND STAFF. WE CAN'T STEM THE TIDE IN THIS PROBLEM. YOU AS CITY COUNCIL MAYOR, LISTEN TO THIS SAME PRESENTATION FEBRUARY, 2021, TWO YEARS AGO. THE WEATHER IS WARMING, IT'S BIRTHING SEASON FOR KITTENS. FIX THE PROBLEM BY FIXING THE CATS GIVES CONSTITUENTS A LIFE-SAVING OPTION. THANK YOU. ALL RIGHT, THANK YOU. UH, NEXT UP JENNIFER HAYES. CAN OUR VIDEO'S NOT WORKING? CAN WE HAVE SOMEBODY LOOK AT THE VIDEO BEFORE? WE JUST WANNA MAKE SURE PEOPLE AT HOME CAN WATCH. CUZ I'VE GOTTEN A COUPLE OF EMAILS ABOUT IT. JERRY, I DON'T KNOW WHERE RACHEL, RACHEL IS. UH, APPARENTLY OUR VIDEO FEED'S NOT WORKING, IF YOU WANNA CHECK INTO IT. ALL RIGHT, NEXT UP. JENNIFER HAYES, GO AHEAD. MY NAME IS JENNIFER HAYES AND I'M A LONGTIME HAYES COUNTY ANIMAL ADVOCATE, LOCAL VOLUNTEER AND EMPLOYEE FOR BEST FRIENDS ANIMAL SOCIETY. THOUGH I AM HERE AS A CITIZEN AND WITH A GROUP OF OTHER T N V R SUPPORTERS, PLEASE VOTE TONIGHT TO APPROVE ITEM NUMBER 25, THE ORDINANCE TO SUPPORT TRAP NEUTER VACCINATE RETURN. THE ONLY HUMANE METHOD OF CONTROLLING COMMUNITY CA POPULATIONS A PRESS RELEASE CONDUCTED BY ASCENT ACTION WITH GRIFFIN COMMUNICATIONS FOR BEST FRIENDS ANIMAL SOCIETY WAS JUST RELEASED YESTERDAY FROM A STATEWIDE POLL OF REGISTERED TEXAS VOTERS. THE RESULTS SHOWED THAT 80% OF TEXANS SUPPORT T N V R IN THEIR LOCAL COMMUNITY WITH A 62% INDICATING STRONG SUPPORT REPUBLICANS, FEMALE AND HISPANIC VOTERS WERE REVEALED TO BE AMONG THE STRONGEST SUPPORTERS. THOSE REGISTERED VOTERS ALSO OVERWHELMINGLY BELIEVE THAT T N V R DOES NOT CONSTITUTE A FORM OF ANIMAL CRUELTY OR ABUSE. THAT'S 73%. NO DOUBT KYLE VOTERS FEEL THE SAME WAY. HAYES COUNTY IS GROWING AND WE NEED TO GET A HANDLE ON THIS NOW. AGAIN, PLEASE VOTE YES REGARDING ITEM NUMBER 25 IN TONIGHT'S COUNCIL AGENDA AND VOTE TO SUPPORT T N V R. I SENT THE POLL RESULTS TO YOU ALL VIA EMAIL EARLIER TODAY. THANK YOU FOR YOUR CONSIDERATION. THANK YOU. THANK YOU. ALL RIGHT, NEXT UP, KRISTEN ANDREWS. GOOD EVENING. I'M HERE IN SUPPORT OF ITEM 25, WHICH IS ABOUT TNR. AND SINCE LANGUAGE IS IMPORTANT, I WANNA STRESS THAT TNR STANDS FOR TRAP NEUTER RETURN. THE DRAFT ORDINANCE ATTACHED IN THE AGENDA SAYS TRAP NEUTER RELEASE, WHICH IS NOT THE SAME THING AND IS NOT SOMETHING I SUPPORT. I ASK THAT YOU PLEASE PASS A REVISED ORDINANCE THAT REFLECTS, REFLECTS THE BEST PRACTICES OF TRAP NEUTER RETURN. I'M A VOLUNTEER FOR PALS PET PREVENT LITTER PALS LENDS TRAPS TO CITIZENS FOR THE EXCLUSIVE PURPOSE OF TNR AND HOLDS A TWICE MONTHLY SPAY NEUTER CLINIC FOR TNR CATS. THESE CLINICS ARE CONSISTENTLY FULL FIXING 40 TO 60 CATS PER CLINIC. I HELP WITH CHECK-IN, SO I GET TO MEET THE PEOPLE WHO BRING IN THESE CATS. AND IT'S ALWAYS A MIX OF NEW AND FAMILIAR FACES. PEOPLE DO THIS IMPORTANT [00:10:01] WORK BECAUSE IT IMPROVES THEIR COMMUNITIES AND THEY NEED SUPPORT FROM THE CITY OF KYLE SO THEY CAN HAVE A BIGGER IMPACT. HERE'S HOW KYLE CAN SUPPORT TNR. NUMBER ONE, PASS A TNR RESOLUTION AND AN UPDATED ORDINANCE THAT SUPPORTS HUMANE AND PROACTIVE METHODS OF COMMUNITY CAT MANAGEMENT. THIS IS FREE. NUMBER TWO, EMPOWER ANIMAL CONTROL OFFICERS TO BE MORE ENGAGED IN THE COMMUNITIES THEY SERVE. IMPROVE RECORD KEEPING PROCESSES TO IDENTIFY HIGH-NEED AREAS. UPDATE SOPS TO REFLECT BEST PRACTICES. LEAD TRAINING SO THAT EVERYONE'S ON THE SAME PAGE WORKING STRATEGICALLY TOWARD THE SAME GOAL. ALL OF THIS IS LOW COST. NUMBER THREE, INVEST IN HIGH VOLUMES MAY NEUTER. SPENDING $60 TO FIX A CAT IS A MUCH MORE IMPACTFUL WAY TO SPEND MONEY THAN WHAT IS HAPPENING NOW. RIGHT NOW WHAT'S HAPPENING IS THAT ANIMAL CONTROL OFFICERS AND CITIZENS ARE TRAPPING RANDOM ONE-OFF CATS AND TAKING THEM TO THE SHELTER WHERE THEY'RE HOUSED INDEFINITELY UNTIL STAFF CAN FIND SOMETHING TO DO WITH THEM. WAREHOUSING CATS LIKE THIS IS COSTLY. IT TAKES RESOURCES AWAY FROM SPAY NEUTER AND THE ANIMALS WHO ACTUALLY NEED SHELTER CARE. AND SINCE IT'S NOT EFFECTIVE AT LIMITING CAT POPULATIONS, THE CYCLE CONTINUES. EFFORTS SHOULD INSTEAD BE SPENT ON FIXING AS MANY CATS AS POSSIBLE TO STOP THE FLOW. SPAY, NEUTER AND TNR MAKE FINANCIAL SENSE. THANK YOU. THANK YOU. NEXT UP MICHELLE DONNELLY. THANK YOU. I'LL PASS IT OVER. YOU'RE WELCOME THERE. I GOT IT. THANK YOU. UM, SO JUST TO INTRODUCE MYSELF, UH, I HAVE BEEN A BOARD MEMBER OF PET PREVENTATOR, PALS OF CENTRAL TEXAS FOR, WE WERE TRYING TO FIGURE IT OUT AROUND 15 YEARS, UM, LONGSTANDING, UH, ADVOCATE AND LOTS OF EXPERIENCE AND KNOWLEDGE AND BUDGET, THEIR BUDGETS AND THE COSTS AND SCHEDULING AND WORKING WITH THE TNR COMMUNITY. I'M CURRENTLY THE TNR PROGRAM COORDINATOR FOR PALS, UM, JUST TO, UH, TALK ABOUT OUR TNR PROGRAM LAST YEAR. AND THIS TO ME, UM, EMBODIES THE FACT AND THE REASON THAT I AM SAYING THAT WE HAVE THE VOLUNTEERS OUT THERE, THERE ARE PEOPLE THAT ARE WILLING TO DO THIS FOR THEIR COMMUNITY AND THEY'RE FOOTING THE BILL THEMSELVES WITH THE HELP OF PALS AND, UH, THERE'S VERY LITTLE DETERRENT AND IT WOULD BE NICE IF THERE WASN'T ANY IN THE CITY OF KYLE. ALSO, WE HAD 11 CLINICS LAST YEAR TOTALING 657 TNR CATS THAT WE FIXED AND RETURNED. UM, THIS YEAR WE'VE MOVED TO TWO CLINICS A MONTH WITH BETWEEN 40 AND 50 CATS. EACH CLINIC THAT'S 960 TO 1200 CATS THAT WE SHOULD HOPEFULLY FIX THIS YEAR. EACH CLINIC TWICE A MONTH, WE HAVE OVER 85 PEOPLE BEGGING US FOR SPOTS FOR THEIR CATS THAT THEY'RE TRAPPING IN THEIR NEIGHBORHOODS AND WE HAVE TO TURN THEM AWAY. SO IT'S DEFINITELY THERE. I SPOKE TO SOMEBODY THAT, UM, DOES SOME TRAPPING FOR US AND IS FAMILIAR WITH THE PEOPLE IN KYLE THAT WOULD LIKE TO HELP. AND SHE MADE A LIST THAT WAS 32 PEOPLE LONG FOR ME THAT ARE ALREADY HERE AND WILLING TO TRAP IF THEY'RE ALLOWED, UM, IF KYLE WANTED TO. SO TO CHANGE THAT ORDINANCE WOULD BASICALLY COST NOTHING. UM, LIKE I SAID, PEOPLE ARE WILLING TO DO IT. THEY'RE OUT THERE IF YOU WANT, IF YOU'RE WONDERING WHO IS THERE. UM, SECONDLY, IF KYLE WOULD LIKE TO HELP SUPPORT THAT MONETARILY, UM, PALS DOES OFFER, UM, VOUCHERS AND LOW COST, UM, PROGRAMS FOR MICROCHIPS AND VACCINATIONS AND SPAY NEUTER FOR OWNED PETS. UM, BUT WE COULD ALSO WORK OUT WHERE WE COULD, UM, GIVE MICROCHIPS TO TRACK THE CATS AND GIVE VACCINATIONS FOR THE CATS, UM, FOR BASICALLY A TOTAL OF PROBABLY $85 A CAT. SO WE COULD DO LIKE 200 CATS IF YOU KNOW, IF YOU'RE THINKING OF NUMBERS, UM, AT THAT RATE. AND THIS IS THE BEST SOLUTION. BUT IF NO FUNDING CAN BE PROVIDED AT THIS TIME, WE ASK THE PEOPLE WHO ARE CARETAKERS CAN LEGALLY CONTRIBUTE TO THE SOLUTION OF THEIR OWN ON THEIR OWN. WE ALSO HAVE A NEW CAT COALITION, CAT TIP HAYES, WHO IS TRYING TO GATHER VOLUNTEERS AND ORGANIZE THAT COMMUNITY EVEN MORE. SO, UM, I JUST WANTED TO SAY THE PEOPLE ARE OUT THERE. I'VE LISTENED TO YOUR QUESTIONS, SO THANK YOU. THANK YOU. ALL RIGHT, NEXT UP. KELLY KEENAN. [00:15:10] UM, GOOD EVENING. MY NAME IS KELLY KEENAN. I'M ALSO ON THE BOARD OF PALS. I WAS LISTENING TO YOUR LAST MEETING AND WANTED TO SPEAK, UH, TO SOME OF THE COMMENTS THAT I HEARD ABOUT POSSIBLY HAVING A VOUCHER PROGRAM HERE FOR KYLE TO FIX OWN PETS. AS MANY OF YOU KNOW, UH, PET PREVENTATOR PALS PROVIDES LOW COST AND FREE SPAY AND NEUTER SURGERIES IN CENTRAL TEXAS. LAST YEAR WE FIXED 2,814 DOGS AND CATS AT OUR PALS CLINIC AND PROVIDED VOUCHERS TO OUR CLIENTS TO TAKE THEIR PETS TO PARTNER VETERINARY CLINICS. UM, FIXING AN ADDITIONAL 80 PETS PALS ALSO HOLDS, HOLDS MONTHLY LOW COST VACCINATION AND MICROCHIP CLINICS, MONTHLY PET FOOD PANTRY EVENTS, AND MONTHLY TNR UH, CLINICS. AS MICHELLE MENTIONED IN TWO THOU 2023 PALS IS INCREASING OUR NUMBER OF CLINICS TO MEET THE INCREASING DEMAND OF OUR RAPIDLY GROWING COMMUNITY. LAST YEAR, UH, PALS FIXED 393 PETS BELONGING TO THE CITIZENS OF THE CITY OF KYLE. PALS WOULD LOVE THE OPPORTUNITY TO MEET WITH THE CITY OF KYLE AND TALK ABOUT WAYS WE CAN HELP MORE OF ITS CITIZENS AND THE PETS THEY LOVE. THANK YOU. THANK YOU. RIGHT NEXT UP IS NEIL BREEN, MAYOR AND CITY COUNCIL. MY NAME IS NEIL BREEN AND I'M HERE THIS EVENING TO PROTEST ITEM 32 OF TONIGHT'S AGENDA, CONSIDERATION OF AMENDMENTS TO THE CITY'S ALCOHOL SALES PERMIT AND LICENSE APPLICATIONS AND ANNUAL FEES PURSUANT TO MAXIMUM PERMITTED FEES AS ESTABLISHED BY THE TEXAS ALCOHOLIC BEVERAGE COMMISSION. SEPTEMBER 1ST, 2021 RATES. I HOPE TO INTRODUCE MY OWN BUSINESS TO KYLE IN THE NEAR FUTURE, BUT FEAR THIS WOULD BE AN ADDITIONAL BARRIER TO DOING SO. BY MY UNDERSTANDING, THIS WILL INCREASE THE BURDEN OF SMALL BUSINESS OWNERSHIP IN KYLE BY UPWARDS OF $2,000 ANNUALLY IN MANY CASES TO SAY $2,000 AS NEGLIGIBLE AS TO BE OUT OF TOUCH WITH THE CHALLENGES FACING SMALL BUSINESS OWNERS OF THE POST PANDEMIC WORLD. INDIVIDUALS WHO WORK UPWARDS OF 60 HOURS A WEEK IN ORDER TO FEED THEIR FAMILIES AND KEEP THEIR STAFF GAINFULLY EMPLOYED. I'VE HEARD THE ARGUMENT, WELL, BUTTA AND SAN MARCOS ARE DOING IT, SO WHY NOT US? THIS ARGUMENT PALES IN COMPARISON TO THE FACT THAT OUR CITY BROUGHT UP THE LAST TIME THIS AGENDA ITEM WAS BROUGHT TO THE TABLE. UM, IF YOU'VE DRIVEN ONE 50, YOU KNOW WHAT IT'S LIKE. IF YOU'VE TRIED TO TAKE COUNTY ROAD 1 58, YOU GOT A TASTE OF WHAT THAT WAS LIKE. UM, LIKE I SAID, WE UNDERSTAND THAT THE GROWTH IS GONNA HAPPEN TREE STORY TO ALLEVIATE SOME OF THE TRAFFIC ON EAST ON HEB, AND IT'S JUST RIDICULOUS THAT THE COUNCIL THINKS OR THE CITY THINKS THAT'S WHAT, WHAT COYO NEEDS, ESPECIALLY THAT SIDE OF EAST KYLE. I DON'T LIVE THERE, I LIVE IN PLUM CREEK, BUT, UH, DANIELA PARSLEY POSTED SOMETHING ABOUT IT AND EVERYONE WAS AGAINST IT. THERE WAS NOT ONE RESIDENT THAT WENT FOR IT. AND I DON'T UNDERSTAND HOW THIS IS COMING TO KYLE WHEN IT'S NOT WHAT KYLE NEEDS AT THE MOMENT. WE DO NOT NEED MORE RENTAL HOMES. NOT RIGHT NOW. WHAT THEY NEED IS MORE RETAIL AND TO WORK ON THE INFRASTRUCTURE. UH, MY YOUNGEST IS A SENIOR AT HAYES RIGHT NOW. SHE'S ABOUT TO GRADUATE AND I AM SO GLAD SHE'S ABOUT TO GRADUATE BECAUSE SHE COMPLAINS OF HOW OVERCROWDED THE HIGH SCHOOL IS. ALL, ALL THE MOMS I HEAR THEY SAY THEY'RE, THEY'RE JUST FRUSTRATED HOW OVERCROWDED OUR SCHOOLS ARE. AND YET INSTEAD OF TRYING TO ALLEVIATE THIS, WE'RE MAKING IT WORSE BY JUST KEEPING TO BRING AN OVERGROWTH OF POPULATION WHERE KYLE IS GROWING TOO FAST. AND I DON'T THINK THE RIGHT STEPS ARE BEING TAKEN TO TAKE CARE OF THE, UH, RESIDENTS OF KYLE. SO THAT IS MY OPINION AND I HOPE IT'S TAKEN INTO CONSIDERATION. AND AGAIN, IF YOU RE COMMENTS OF OTHER RESIDENTS, THEY AGREE 100%, THIS IS NOT WHAT THEY NEED RIGHT NOW. THANK YOU. THANK YOU. ALL RIGHT. IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? HELLO, MY NAME IS COURTNEY GOZA. I AM THE BOARD PRESIDENT OF AUSTIN SIMS RESCUE. I OBVIOUSLY WAS NOT PLANNING ON SPEAKING TONIGHT, SO I'M GONNA PULL THIS OFF THE CUFF, BUT AS RESCUE, AS I'M HEARING THESE PEOPLE IN SUPPORT OF T AND VR, I CAN'T HELP BUT WEIGH IN ON THIS. LAST YEAR WAS ONE OF THE MOST PROLIFIC SEASONS FOR KITTEN SEASON THAT WE'VE HAD AS A RESCUE. THERE'S PLEAS FROM OUR OWN SAN MARCOS SHELTER, PLEASE. FROM THE RESIDENTS. THEY FIND THESE KITTENS WHO WERE BORN, THE SHELTER IS FULL, THEY LOOK TO RESCUES TO TAKE THEM IN THAT SPENDS THE MONEY THAT WE'VE EARNED THAT ARE TRYING TO HELP ALL OF THE OTHER CATS THAT WE GET PLEASED FOR. IT MAKES [00:20:01] AN AMAZING DIFFERENCE TO HAVE THE COMMUNITIES THAT HAVE THE TN V R PROGRAM BECAUSE THOSE ARE NOT THE COMMUNITIES THAT ARE THEN SPILLING OVER INTO THE RESCUES, WHICH ARE ALREADY FULL CUZ WE'RE TRYING TO DO OUR OWN THING WITH LIKE THE CATS THAT WE'VE ALREADY TAKEN IN AND COMMITTED TO. BUT THE PLEASE DON'T STOP, WE TAKE IN A LOT FROM THE VALLEY AND OTHER AREAS DO THAT, DO NOT HAVE TN V R PROGRAMS. SO YOU CAN, I CAN SEE PERSONALLY HOW IMPORTANT THOSE TN V R PROGRAMS IN REDUCING THE AMOUNT OF CATS THAT ARE AROUND IN THE COMMUNITIES AND HOW THEY HELP KIND OF CURB THE POPULATIONS AND CURB THE PROBLEMS THAT PEOPLE ARE HAVING. I KNOW MY OWN NEIGHBORHOOD NEEDS A TN VR CUZ WE HAVE CATS ALL THE TIME WHO ARE OUT YOWLING AND MATING AND PATROLLING AND DOING A LOT OF STUFF THAT IS REALLY PROBLEMATIC. SO ON THE RESCUE'S BEHALF AND MY OWN BEHALF AS THE CITIZENS OF KYLE, I WOULD URGE YOU TO SUPPORT T NV R. THANK YOU. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD GOING ONCE. ALL RIGHT. UH, CITIZEN COMMENTS PERIOD IS NOW, UH, CLOSED. NEXT UP IS, UH, AGENDA [IV.  Agenda Order] ORDERS. ANYONE WHO WISHES TO, UH, MOVE ANY ITEMS AROUND. ALL RIGHT, NEXT UP. AGENDA ITEM NUMBER? NO, RIGHT HERE. CAN WE MOVE 36 UP TO, UM, EITHER BEFORE OR AFTER 10 36 36? UM, WE CAN, IT WELL TEN'S ON THE CONSENT. WOULD YOU LIKE TO JUST PUT 10 BACK TO 36 SO THAT WE CAN DISCUSS THOSE? YOU JUST WANT TO DISCUSS 'EM AT THE SAME TIME? I DON'T LIKE. OKAY. IS THERE ANY OBJECTION? JUST ACTUALLY JUST PUTTING 10 BACK TO, TO THAT ONE SO THAT WE CAN HAVE THAT CONVERSATION AT THE SAME TIME IS BEST. I JUST THINK BOTH OF THEM SHOULD BE TALKED ABOUT. YEAH, IT'S JUST 36 IS GONNA TAKE A LITTLE WHILE TO DISCUSS. SO, SO ARE YOU SAYING MOVE 10 TO 36? YEAH. OKAY. SO WE'LL BRING 10 UP WITH 36. IS THERE ANY, ANYONE ELSE ON THE AGENDA ORDER? SO I WAS CONSIDERING MOVING ITEM 25 TO THE BOTTOM SINCE WE SPENT NINE MINUTES TALKING ABOUT IT LAST TIME. AND I DON'T KNOW HOW LONG IS IT GOING TO TAKE TODAY? I DON'T KNOW IF THAT'S SOMETHING THAT YOU GUYS WILL CONSIDER. DO Y'ALL WANNA MOVE THE TNR CONVERSATION TO THE END OF THE MEETING? I I DON'T KNOW IF EVERYBODY THAT, I JUST FEEL LIKE WE'VE TALKED ABOUT IT A LOT AND I THINK IT'S GONNA REQUIRE SOME, UM, A LONG CONVERSATION AS WELL. SO I'M, I'M, I'M I GO EITHER WAY. WELL, I'M, I'M, I'M NOT, I'M READY TO GO ON IT, SO I I DON'T REALLY CARE ONE WAY OR ANOTHER, SO, BUT IT'S, I MEAN, THERE'S A LOT OF PEOPLE HERE FOR IT. LET'S TALK ABOUT IT AS PART OF THEM. ALL RIGHT, WELL, I DON'T, I DON'T OBJECT TO THAT. LET'S GO AHEAD, MOVE IT UP. YOU GO. YOU'RE FINE WITH IT AS YEAH, LET'S JUST GET THIS CONVERSATION GOING. ALL RIGHT, SO NEXT UP IS, UH, OR IS THERE ANY, ANY OTHER ITEMS? ALL RIGHT, NEXT UP [4.   Appoint nominee for position on the City of Kyle Ethics Commission. ~ Miguel A. Zuniga PhD, Council Member    Mario Perez ] IS AGENDA ITEM NUMBER FOUR, APPOINT NOMINEE FOR THE POSITION OF CITY OF COLLEGE ETHICS COMMISSION, UH, THE NOMINEE. THIS IS FOR, UH, COUNCILMAN ZUNIGA, THE NOMINEE'S MARIO PEREZ. COUNCILMAN ZUNIGA. SO, UH, I WOULD LIKE TO, UH, BRING TO COUNSEL MARIO PEREZ, UH, IF YOU COULD SPEAK, COME UP, UM, FOR OUR CITY, KYLE ETHICS COMMISSION, UH, NOMINATION. UM, KYLE, MARIO IS A REALLY, UH, A REALLY NICE PERSON. HE'S, UH, LIVED HERE IN KYLE, UM, ALMOST 17 YEARS, OR HE'S WORKED IN KYLE FOR 17 YEARS. UH, HE'S BEEN IN ALMOST EVERY BUILDING IN THIS CITY USED AND HE, HE DID GOOD WORK, UH, HERE FOR OUR RESIDENTS. HE HAS A BACHELOR'S IN DEGREE IN TECHNOLOGY AND ALSO A BIT OF ARCHITECTURAL TECHNOLOGY. UH, HE, UH, REVIEWED MANY, MANY OF OUR BUILDINGS, MANY OF OUR CODES, AND I THINK, UH, HE'D BE A NICE FIT ADDITION TO OUR CO ETHICS COMMISSION. I'D LIKE TO MAKE A MOTION TO APPROVE MARIO PEREZ TO THE ETHICS COMMISSION SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER PARSLEY. IS THERE DISCUSSION ON THAT MOTION? COUNCILMAN FLORES KALE? I JUST WANNA SAY THAT I HAD REQUESTED A HAIR SAMPLE AND A FINGERPRINT FROM HIM, , AND HE'S NOT GIVING ME THAT YET, SO I'M JUST WAITING ON THAT. MAR I KNOW MARIO, HE'S A GENUINELY GOOD GUY. UM, I, I THINK HE, I THINK HE'S GONNA BE AN EXCELLENT ADDITION. I THINK HE STAYS PRETTY NEUTRAL AND UNBIASED AND HE'S VERY FACTUAL. AND SO I AM ELATED THAT HE WILL BE AT, HE'LL BE INCLUDED IN OUR ETHICS, UH, COMMITTEE. SO, AND THANK YOU FOR BEING WILLING TO, TO STEP UP CUSTOMER, TOBIAS. OKAY, MS. PEREZ, THANK YOU FOR THE PHONE CALL YESTERDAY. YEAH, WE HAD A YOU'RE WELCOME. GOOD CONVERSATION. RIGHT? SO, UM, I WANTED TO MAKE THIS, UH, A POINT WHERE YES, [00:25:01] YOU ARE A FORMER EMPLOYEE, CORRECT? FORMER EMPLOYEE, YES. OKAY. SO I, AS I, AS I SAID BEFORE, IF, IF IN THE EVENT AN ETHICS COMPLAINT FROM AN EMPLOYEE TO AN EMPLOYEE OR A COUNCIL MEMBER TO AN EMPLOYEE, OR HOWEVER IT IS, THAT YOU WILL LOOK AT EVERYTHING VERY OPEN, YOU WILL NOT HAVE ANY PREJUDGES, ANYTHING LIKE THAT TO WHERE IT'S LIKE, I KIND OF REMEMBER HOW THIS DEPARTMENT WORKED OR SO FORTH MM-HMM. THAT YOU WILL LOOK AT EVERYTHING ACCORDING TO WHAT'S IN FRONT OF YOU AND BE ABLE TO MAKE THE BEST DECISION ACCORDING TO THE EVIDENCE, CORRECT? THAT IS CORRECT. UH, I WILL, I WILL REMAIN IMPARTIAL, UH, UNBIASED, UM, NEUTRAL. I WILL LISTEN TO THE EVIDENCE, TO THE MATERIAL PROVIDED TO US FROM ALL PARTIES INVOLVED. WE'LL MAKE A DETERMINATION BASED ON THE EVIDENCE AND MAKE A RECOMMENDATION TO COUNSEL. UM, UH, GOING BACK TO BEING A FORMER BUILDING OFFICIAL, UM, I WOULD ENCOUNTER CONFLICTS BETWEEN MY INSPECTORS AND, AND CONTRACTORS BUILDERS. AND IF THERE WAS NO BUILDING CODE VIOLATION OR CITY ORDINANCE VIOLATION, I WOULD'VE TO GO IN FAVOR OF THE CONTRACTOR BECAUSE WE JUST DIDN'T HAVE THE BACKUP MATERIAL TO SUPPORT THE VIOLATION WRITTEN UP. OKAY. GREAT. THAT, THAT'S WHAT WE WANNA BE ABLE TO HEAR IS, UH, AND, AND IN FAIRNESS, IF, IF MR. HEISER HAD HIS PERSON, I'D BE ASKING THE SAME QUESTIONS AS WELL, BECAUSE AS YOU CAN SEE WITH NUMEROUS AGENDA ITEMS REFERENCING ETHICS AND ALL THESE ITEMS ARE COMING UP ABOUT THE ORDINANCES MM-HMM. ABOUT THE POLICIES. MM-HMM. , WE'VE HAD NUMEROUS CONVERSATIONS ABOUT THIS, THIS, SO WE AS A CITY NEED TO CON NEED TO START TAKING THIS SERIOUS. SO IF WE'RE GONNA TAKE THIS SERIOUS ABOUT ETHICS, THEN WE'VE GOTTA MAKE SURE THAT WE HAVE THE RIGHT PEOPLE IN, IN THESE SEATS SO THAT WAY WE CAN KEEP IT. ABSOLUTELY. AND FOLLOW, LIKE I'VE SAID BEFORE, THE DUE PROCESS. CUZ IF YOU HAVE ONE PERSON THAT HAS HAD, LET'S SAY FROM A, FROM A CRIMINAL JUSTICE SIDE POINT, IF YOU HAD SOMEBODY THERE THAT WAS BREAKING THE LAW, DOING LITTLE PETTY CRIMES, BUT THEN ACCUSED OF A BIG CRIME, BUT HE'S FOUND INNOCENT ON THAT BIG CRIME, YOU'VE GOTTA LOOK AT IT FROM ALL ASPECTS TO MAKE SURE THAT WE HOLD EVERYBODY ACCOUNTABLE. CORRECT. BUT WE ALSO MAKE SURE THAT IF THERE'S DUE PROCESS THAT'S IN PLACE MM-HMM. , THAT THAT PERSON, WHETHER THE EMPLOYEE OR WHOEVER IT IS THAT'S BEING IN A BROADER FORM, CAN BE ABLE TO HAVE THEIR, THEIR DUE PROCESS WITHIN THE EXECUTION. ABSOLUTELY. THANK YOU VERY MUCH. AGREE WITH THESE. AND WITH THAT, I, I, I'LL GO AHEAD AND, UM, AND YIELD THE FLOOR. THANK YOU MR. PEREZ. THANK YOU, MR. TO COUNCIL PARLEY. THANK YOU. I AM SO HAPPY TO SEE MARIO HERE. UM, MR. MARIO HAS SERVED IN PREVIOUS COMMITTEES SINCE I'VE BEEN IN COUNCIL FOR A YEAR. YOU HELP WITH THE COMPENSATION COMMITTEE, UM, AND YOU REGULARLY JOIN OUR CITY COUNCIL MEETING, SO YOU ALWAYS KNOW WHAT IS GOING ON WITH THE CITY. UH, SO I KNOW YOU ARE ARRESTED, LOVE THE CITY, AND I LOVE TO SEE YOU GETTING INVOLVED. SO I'M, I'M EXCITED TO SEE YOU ON THE ETHICS COMMITTEE. I KNOW YOU'RE GONNA DO AN AMAZING JOB. THANK YOU. COUNCIL MEMBER PARTIALLY. ALL RIGHT. ANYONE ELSE? HOLD IN FAVOR, SAY AYE. AYE. AYE. AYE. AYE. ALL OPPOSED. MOTION. CARRIE. SEVEN ZERO. THANK MARK. THANK YOU MAYOR. COUNCIL MARIO. THANK YOU. COUNCIL MEMBER SUNGA. LOOK FORWARD TO IT. ALL RIGHT. NEXT UP, [5.   Update on various capital improvement projects, road projects, building program, and/or general operational activities where no action is required. ~ Jerry Hendrix, Interim City Manager Spring Break Camp Valentine's Dance for Individuals with Disabilities Art in the Park Cornhole Tournament Kickball Registration Softball Registration Kinder Dance Registration Hiring for Spring Break Camp Staff Gregg-Clarke Park Splash Pad Open Houses Library Arts and Technology Center Library Teen Programming Kyle Air Quality Monitor at Lake Kyle Comprehensive Master Plan Update Downtown Master Plan Update Team Kyle Updates ] UH, CITY MANAGER'S REPORT. MAYOR COUNSEL FOR THE RECORD. JERRY HENDRICKS IN INTERIM CITY, IN INTERIM CITY MANAGER. FIRST UP, I'D LIKE TO BRING MARIA ESPINOZA, OUR PARKS DIRECTOR, MARIA ESPINOZA, PARKS AND RECREATION DIRECTOR AND THE POWERPOINT. CAN I GET THE POWERPOINT UP? I THINK WE'RE HAVING PROBLEMS WITH OUR VIDEOS. OKAY. ALL RIGHT. WELL, I'LL JUST GO THROUGH THE LIST. OH, HERE WE GO. HERE IT'S, YEP. SPRING BREAK CAMP IS COMING UP IN A COUPLE MONTHS. IT WILL RUN MARCH 13TH THROUGH 17TH. AND WE ARE CURRENTLY TAKING REGISTRATIONS. THANKS, RACHEL. UM, REGISTRATIONS NOW ARE OPEN ONLINE AND IT IS FOR AGE'S SECOND THROUGH FIFTH GRADE. UH, NEXT IS REGISTRATION IS OPEN FOR OUR VALENTINE'S DANCE FOR PEOPLE WITH DISABILITIES. IT'LL BE HELD ON FEBRUARY 10TH AT THE GEMSTONE PALACE. PALACE. WE HAD OUR FIRST ART IN THE PARK ON SATURDAY, WHICH IS REALLY SUCCESSFUL. OUR NEXT ONE WILL BE SATURDAY, FEBRUARY 4TH, AND IT'S A BLACK HISTORY MONTH THEMED ART PROJECT. IT'S AT MARY CALL HARTSON PARK FROM 10 TO 12, AND IT IS $5 A PERSON AND REGISTRATION IS ONLINE. UH, AND THEN WE ENCOURAGE EVERYONE TO GET THEIR TEAMS TOGETHER FOR OUR FIRST CAR AND HOLD TOURNAMENT. IT WILL BE HELD AT THE ASH PAVILION REGISTRATION. UM, OH, THE TOURNAMENT WILL BE HELD ON SATURDAY, FEBRUARY 18TH AT 10:00 AM. REGISTRATION FOR, THAT'S ALSO ONLINE. UH, ADULT KICKBALL LEAGUE. REGISTRATION OPENS AT THE [00:30:01] END OF THIS MONTH ON THE 27TH, AND LEAGUE PLAY WILL BEGIN ON MARCH 31ST. AND REGISTRATION FOR THE ADULT SOFTBALL LEAGUE OPENS AT THE END OF THE MONTH ON JANUARY 30TH. AND TEAMS OR GAMES WILL BEGIN IN APRIL. AND WE HAVE A BRAND NEW CLASS COMING, IT'S CALLED KINDER DANCE FOR, UH, THE YOUNGEST KYLE RESIDENTS. SO IF YOU HAVE ANY KINDERS THAT WANT TO DO GYMNASTICS AND DANCE AND CREATIVE MOVEMENT, THIS WOULD BE THE CLASS FOR THEM. UH, WE ARE ALSO HIRING STAFF FOR THE SPRING BREAK CAMP, UM, ASSISTANT CAMP DIRECTORS, CAMP COUNSELORS FOR BOTH TEEN AND YOUTH. AND THEN WE HAVE THE DATES FOR THE SPLASH PAD, OPEN HOME, OPEN HOUSES FOR THE PUBLIC THAT CAN COME IN. THEY CAN SEE SPLASH HATS, SPLASH PAD DESIGNS, GIVE THEIR INPUT, MAKE SELECTIONS. UM, ONE WILL BE BEFORE THE PARK BOARD MEETING ON MONDAY, JANUARY 30TH, HERE AT CITY HALL. AND THE OTHER ONE IS BEFORE THE COUNCIL MEETING ON FEBRUARY 7TH. AND THAT'S ALL WE HAVE. THANK YOU, MARIANA. NEXT UP IS OUR LIBRARY SERVICES DIRECTOR CO AND TIERNEY. NOW'S A GOOD TIME. IF YOU, YOU HAVE A QUESTION? GOOD EVENING, MAYOR CITY COUNCIL. COLLEEN TIERNEY, DIRECTOR OF LIBRARY SERVICES. UM, SO I WANTED TO SHARE A LITTLE BIT ABOUT THE, UM, A NEW PROGRAM THAT WAS ALLUDED TO AT OUR LAST CITY COUNCIL MEETING. UM, IT'S CALLED THE LIBRARY ARTS AND TECHNOLOGY CENTER, AND IT HAS BEEN FINANCED BY THE FRIENDS OF THE KYLE LIBRARY. AND IT'S BASICALLY KIND OF A LIBRARY OF THINGS. UM, WE HAVE RIGHT NOW AN ACOUSTIC GUITAR, UH, A SEWING MACHINE, A CROCHET KIT, UM, A HOT GLUE GUN KIT, UM, A CRICKET CUTTING KIT, UM, A DRAWING TABLET THAT YOU CAN ATTACH TO YOUR COMPUTER TO, UH, DRAW. THERE ARE, WE ACTUALLY HAVE OTHER THINGS THAT WE'RE GONNA BE ADDING. THOSE ARE THE, SOME OF THE THINGS THAT ARE AVAILABLE RIGHT NOW. UM, AND THE WAY THAT IT WORKS IS THAT, UM, THE, THE ITEMS ARE AVAILABLE IN THE CATALOG. YOU CAN SEE THEM, UH, IN THE LIBRARY CATALOG, BUT, UM, THE PHYSICAL ITEMS AREN'T AVAILABLE IN THE, UM, LIBRARY. THEY'RE IN THE BACK, BUT THERE'S A BINDER THAT SHOWS WHAT IS AVAILABLE AND ALL THE PARAMETERS, WHAT, WHAT COMES IN, EVERY KIT AND EVERYTHING. SO, UM, THAT IS AVAILABLE CURRENTLY. JUST JUST KICKED IT OFF OUR, UM, ADULT SERVICES LIBRARIAN, MICHAEL KAUFMAN LYNCH. IT WAS HIS BRAINCHILD AND HE'S BEEN WORKING ON IT, AND I'M REALLY PROUD OF THE WORK HE'S DONE ON THAT. AND, UM, IT'S, IT'S, IT'S, I THINK IT'S GONNA BE REALLY, UM, HOPEFULLY IT'LL BE WELL USED AND HOPE WE CAN SPREAD THE WORD OF THESE NEXT RESOURCES THAT, UH, THE FRIENDS HAVE HELPED MAKE POSSIBLE AT THE LIBRARY. UM, THE OTHER THING I JUST WANTED TO HIGHLIGHT IS OUR TEEN PROGRAMMING THAT WE HAVE COMING UP. UM, WE HAVE A SOLO ROLE PLAYING EVENT ON, UH, DO I NEED TO CHANGE THIS MYSELF? YES, I DO. UM, UH, A TEEN, UH, ROLE PLAYING, UM, RPG EVENT ON THE 31ST OF JANUARY. WE HAVE A VALENTINE'S DAY MIX, UH, GIFT THAT PEOPLE THAT TEENS CAN COME AND MAKE. UM, ON FEBRUARY 7TH, WE'RE GONNA HAVE A TEEN REPTILE SHOW, UM, DURING SPRING BREAK, UH, THERE'LL BE, IT'S, IT'S, IT REQUIRES REGISTRATION, IT'LL BE FREE. BUT, UM, APPARENTLY I HEAR THAT THOSE REPTILES SHOWS ARE VERY POPULAR AND THEY FILL UP QUICKLY. SO WE WANNA MAKE SURE THERE'S, UM, WE, WE FOLLOW ALL THE CAPACITY GUIDELINES. SO THERE IS A REGISTRATION ON OUR WEBSITE FOR THAT. AND ALSO IN APRIL, WE'RE GONNA BE HAVING A TEEN JOB FAIR. UM, AND WE'RE GONNA BE HAVING, UM, OPPORTUNITIES FOR TEENS WHO DON'T HAVE ANY JOB EXPERIENCE, BUT WANNA WORK IN THE UPCOMING SUMMER, UM, MEET WITH, UM, DIFFERENT BUSINESS OWNERS AND PEOPLE IN THE COMMUNITY WHO ARE LOOKING TO HIRE TEENS. SO THAT IS EVERYTHING FOR ME AT THE MOMENT. ANY QUESTIONS? THANK YOU. THANK YOU. NEXT UP, KATHY ROKER, OUR STORM WATER PLAN ADMINISTRATOR MAYOR, COUNCIL MEMBERS KATHY RAKER. FOR THE RECORD, WE ARE ROUGHLY ONE MONTH AWAY FROM GETTING OUR AIR QUALITY MONITOR AT LAKE KYLE, SO I JUST WANTED TO GIVE YOU ALL A HEADS UP. ALSO, TOO, SOMETHING I HAD MENTIONED TO JERRY, UH, IT IS NOT BUDGETED, AND I DON'T KNOW IF Y'ALL WOULD BE INTERESTED IN IT EITHER THIS FISCAL YEAR OR MAYBE EVEN NEXT, IF WE POSSIBLY LOOK TO DO A WRAP ON THE TRAILER. IT IS KIND OF BLAND THE WAY IT IS. I THINK IT WOULD BE NEAT TO ACTUALLY DRAW ATTENTION TO, TO USE AS AN EDUCATIONAL TYPE TOOL AND EDUCATE PEOPLE WHY IT'S THERE. SO IT'S JUST SOMETHING TO, TO THINK ABOUT. NO, NO DECISION OR ANYTHING REQUIRED AT THIS TIME. DO YOU HAVE ANY QUESTIONS ABOUT THE MONITOR? THANK YOU. THANK Y'ALL. NEXT UP PLANNING DIRECTOR, WILL ATKINSON. GOOD EVENING, [00:35:01] MAYOR AND COUNSEL. CAN Y'ALL HEAR ME ALL RIGHT? YES, SIR. EXCELLENT. UH, SO BEFORE YOU, WE HAVE A COMPREHENSIVE PLAN UPDATE, UH, ON WEDNESDAY, FEBRUARY 15TH FROM 12 TO THREE. WE ARE GOING TO BE HOSTING A, AN AFTERNOON PUBLIC OUTREACH RELATED TO, UH, THE COMPREHENSIVE PLAN. AND ALSO, UH, THAT EVENING IT'LL BE THE SAME IDEA, BUT AT FOUR DIFFERENT CAMPUSES AROUND HEY, C I S D, WHERE WE'RE GONNA HAVE SOME MORE PUBLIC OUTREACH AS WELL. UH, THESE WILL BE COMING GO STYLE EVENTS AND, UH, RESIDENTS WILL HAVE THE OPPORTUNITY TO PROVIDE FEEDBACK, UM, RELATED TO HOUSING DENSITY, COMMERCIAL DEVELOPMENT, VACANT PROPERTIES, AND ET CETERA. UH, WE ARE ALSO GOING TO BE HAVING A, UH, AN OPEN HOUSE SLASH UH, WORKSHOP ON MONDAY THE 13TH IN THE EVENING. AND IT'LL BE, THE IDEA IS TO HAVE A COMBINATION OF THE PLANNING AND SUDDEN COMMISSION AND THE CITY COUNCIL THAT EVENING. AND SO I WANTED TO GIVE Y'ALL A HEADS UP THAT THAT'S WHAT WE'RE LOOKING AT DOING THAT, THAT MONDAY THE 13TH. UM, IF Y'ALL DON'T MIND, I'M GONNA PROBABLY SHOOT AN EMAIL OUT TO Y'ALL, UM, SOMETIME THE NEXT DAY OR TWO, JUST WANTING TO CONFIRM THAT Y'ALL MIGHT BE AVAILABLE FOR THAT EVENING AS WELL. AND IF YOU CAN GO TO THE NEXT SLIDE, WE HAVE A DOWNTOWN MASTER PLAN UPDATE. UH, WE'RE GONNA HAVE AN OPEN HOUSE ON FEBRUARY THE 23RD FROM FIVE TO EIGHT RIGHT HERE AT CITY HALL. UH, WE, THIS IS, IT'S OPEN TO THE ENTIRE PUBLIC, BUT WE'RE GONNA FOCUS FROM A PUBLIC OUTREACH STANDPOINT, UH, AROUND THE CENTRAL CORE OF KYLE AROUND THE ORIGINAL TOWN AREA AND A LITTLE BIT FURTHER OUT THAN THAT. BUT, UH, WE WANNA MAKE SURE WE DO EVERYTHING WE POSSIBLY CAN TO GIVE ALL THE RESIDENTS AND THE BUSINESS OWNERS OF DOWNTOWN KYLE THE OPPORTUNITY TO COME PROVIDE PUBLIC INPUT ON OUR DRAFT DOWNTOWN MASTER PLAN. UH, WE'RE GONNA PUT OUT SOME PUBLIC HEARINGS, SOME PUBLIC HEARING SIGNS. WE'RE GONNA, UH, PUT ADS IN THE NEWSPAPER AND NOTIFY RESIDENTS WITHIN THE AREA. UM, WE'RE GONNA DO A LOT OF PUBLIC OUTREACH AHEAD OF TIME TO MAKE SURE EVERYBODY'S ABSOLUTELY AWARE AS FAR AS WE POSSIBLY CAN, THAT THERE IS THIS LAST EVENT THAT WE'RE GONNA BE DOING. AND THEN FOLLOWING THAT, WE'RE GONNA BE PUTTING TOGETHER EDITS BASED ON, UH, THE RESPONSES WE GET FROM THOSE AS WELL. AND THAT'S EVERYTHING I HAVE. CUSTOMER . YEAH. I JUST HAVE A QUESTION. ARE WE GETTING CHARGED FOR ANY OF THE COMPREHENSIVE MASTER PLAN WORK THAT THEY'RE DOING? THE BINI GROUP? UM, YES. I KNOW, I KNOW AT ONE POINT WE HAD HIRED SOMEBODY AND THEN WE WERE, I DON'T KNOW WHAT THE STATUS OF THAT IS. SO SINCE WE'RE MOVING FORWARD WITH THE DOWNTOWN COMPREHENSIVE, UM, ARE, HOW, HOW DOES THAT WORK FISCALLY? LIKE HOW IS, ARE WE GETTING CHARGED? SO THE DOWNTOWN MASTER PLAN, AND THEY'RE THE REST OF THE CITY FOR THE REST OF THE COMPREHENSIVE PLAN ARE ACTUALLY TWO SEPARATE CONTRACTS. UH, WE ARE, WE'RE CONTINUING TO COORDINATE WITH BG K ARCHITECTS WHO STARTED WORKING ON THE DOWNTOWN MASTER PLAN AND PROVIDED US THIS DRAFTED ITEM. BUT IN THIS SPECIFIC ASPECT, WHEN IT COMES TO THIS PUBLIC OUTREACH AND EVERYTHING, THIS IS GONNA BE STAFF IN ITSELF DOING IT. THE PUBLIC OUTREACH WAS NOT PART OF THE BG K CONTRACT AT ALL. SO THAT'S A, THAT'S A, THAT'S A, A SECTION THAT WE HAVE TO TAKE IT, TAKE INTO ACCOUNT AND TAKE CARE OF. OKAY. SO IS BGS CONTRACT, LIKE WHAT, WHERE DOES THAT STAND? BECAUSE IF WE'RE, MY FEAR IS, I KNOW WE PAID THEM TO DO, DO THIS DOWNTOWN ASSESSMENT. THAT ASSESSMENT WAS NOT THE LIKING OF P AND Z AND THERE WAS A LOT OF CONCERNS ON COUNCIL. SO I DON'T KNOW IF I WANNA SEE THEM CONTINUE TO BE IN OUR DOWNTOWN ASSESSMENT SINCE WE'VE ALREADY ALLOTTED THEM SOME TIME TO, TO TRY TO TAKE CARE OF THIS. THAT'S A FAIR CONCERN. UM, THAT'S WHY WE ARE WORKING ON THIS WITH A PRIMARILY A STAFF FOCUS ON THIS LAST BIT THAT WE'RE DOING THIS LAST FINAL, THIS LAST FINAL PUSH. AND THEN WE'LL MAKE SURE THAT WE'RE GETTING THE DOCUMENT THAT THEY'VE GIVEN US AS AN EDITABLE DOCUMENT AND WE'LL BE ABLE TO MAKE THOSE EDITS AS WELL. OKAY. SO ARE WE STILL PAYING THEM, I GUESS PEREZ, CAN YOU ANSWER THAT QUESTION? WELL, I WANNA BE CLEAR, THIS IS A CITY MANAGER'S REPORT, SO THIS IS NOT, IT'S NOT REALLY DESIGNED FOR US TO GO BACK AND FORTH AND TRY TO GET ANSWERS AND GIVE DIRECTION BACK TO NO, THERE'S NO DIRECTION. I'M JUST, I'M INQUIRING, UH, REGARDING THE MANAGER'S REPORT. AND I THINK WE'VE DONE THIS BEFORE, HAVE WE NOT? CITY MANAGER'S REPORT IS DESIGNED TO GIVE UPDATES AND INFORMATION OF VALUE TO THE PUBLIC FOR THE COUNCIL TO CONSIDER AND THEN, UH, TO MOVE ON. IT'S DESIGNED TO BE BRIEF AND NOT TO BE SOMETHING WHERE WE GO BACK AND FORTH REGARDING ONE OF OUR CONTRACTORS AND WHETHER OR NOT WE WISH TO SEE THEM CONTINUE FORWARD [00:40:01] IN THEIR CAPACITY. THIS IS JUST, I'M TOTALLY UNDERSTOOD, BUT I THINK, I THINK THIS WAS A PREVIOUS AGENDA ITEM AND I WAS FOLLOWING UP ON IT, UH, DURING WILL'S PRESENTATION. AND SO IF IT'S NOT THE RIGHT TIME OR PLACE, I GUESS WE JUST PLACE IT ON THE AGENDA TO TALK ABOUT IT NEXT TIME. OR IF, UM, PEREZ, IF YOU COULD BE KIND ENOUGH TO SEND ME AN EMAIL, I WOULD APPRECIATE THAT. THANK YOU. CUSTOMER PARSLEY. THANK YOU. WELL, I WAS JUST WONDERING IF THEY ARE GOING TO BE INVOLVING THE HAYES HISTORICAL COMMISSION, CUZ I SPOKE TO MS. KNIGHT AND SHE SAID THAT THEY HAD NOT REACHED OUT TO THEM ALREADY. AND I THINK THEY SHOULD BE A BIG PART OF, YOU KNOW, AT LEAST TO BE INVOLVED IN THIS DOWNTOWN MASTER PLAN. ESPECIALLY BECAUSE WHEN WE WENT BACK TO THEM TO SAY THERE IS NOTHING HISTORIC ON THAT MASTER PLAN, I WOULD LIKE FOR THEM TO BE REACH OUT AND GIVE AN OPINION ON THEIR MASTER PLAN. I JUST TOOK A NOTE AND I'LL MAKE SURE THAT WE GET A DOC, WE GET AN INVITATION OUT TO THEM. THANK YOU. YES, MA'AM. MAYOR COUNSEL FOR THE RECORD. JERRY HENDRICKS, M CITY MANAGER FOR THE TEAM KYLE UPDATE TODAY I'D LIKE TO INTRODUCE YOU TO SPENCER KEENE. I DON'T THINK SPENCER'S ABLE TO BE HERE TONIGHT, BUT HE IS OUR NEW TRAFFIC ENGINEER, SOMETHING WE'VE NEEDED FOR A VERY LONG TIME. AND YOU MAY SEE LEON SMILING VERY LARGELY BACK THERE. UH, SPENCER COMES TO US MOST RECENTLY AS A DESIGN ENGINEER FROM THE TECH DOT NORTH AUSTIN AREA OFFICE WHERE HE IS BEEN FOR THE PAST COUPLE YEARS. PRIOR TO THAT, HE'S BEEN DOING TRAFFIC ENGINEER AND DESIGN WORK SINCE 2011. SO HE IS BEEN DOING IT FOR QUITE A WHILE. HE'S A CERTIFIED PROFESSIONAL ENGINEER FOR THE STATES OF TEXAS, ARIZONA, AND WASHINGTON. HE'S A CERTIFIED PROFESSIONAL TRAFFIC OPERATIONS ENGINEER AND A MEMBER OF THE THETO TAO PROFESSIONAL ENGINEERING FRATERNITY, INSTITUTE OF TRANSPORTATION ENGINEERS AND INTERNATIONAL MUNICIPALS SIGNAL ASSOCIATION. SO VERY, VERY HAPPY AND VERY LUCKY TO HAVE SPENCER AND UNDERSTAND HE'S QUITE A SOCCER PLAYER. ON TOP OF THAT, I'D ALSO LIKE TO WELCOME TO TEAM KYLE, THE FOLLOWING PEOPLE. TREVOR HUNTER, WHO'S A POLICE CADET WHO'SE KARI, WHO'S A POLICE CADET, IGNACIO TORRES, WHO'S A NEW STREET CONSTRUCTION TECH, JACOB FINLEY, WHICH IS A STREET CONSTRUCTION TECH. SYLVESTER GONZALEZ, WHO'S THE UTILITY TECH ONE AND OUR WASTEWATER DIVISION. AND GIOVANNI ARIS, WHO'S A UTILITY TECH WITH OUR WATER DIVISION AND COUNSEL, THAT CONCLUDES MY REPORT. YES, MA'AM. JERRY, UM, MR. SPENCER HAPPENS TO BE HERE OR NOT? HE IS NOT HERE. OKAY, THANK YOU. ALL RIGHT, THANK YOU. ALL [6.  CIP/Road Projects and Consent Agenda Presentation. ~ Leon Barba, P.E., City Engineer] RIGHT, NEXT UP, C I P ROAD PROJECTS AND CONSENT AGENDA PRESENTATION, MR. BARMA. GOOD EVENING MAYOR COUNSEL LEON BARBARA, CITY ENGINEER. IT'S NICE. BE A TAG TEAM WITH MARIA. PRESENTATION, PROJECT PRESENTATION, THE PARK, 78% COMPLETE. UH, ELECTRICAL WORK CONTINUES. THEY'RE WORKING ON EXTERIOR TILE PAVILION. THEY'RE WORKING ON THE PLAYGROUND, DIRT, UH, WORK AND SOME LANDSCAPING. UH, THEY'RE WORKING ON THE ROOFING AND, UH, THE CEILING AT THE PAVILION AND THEY'RE STILL INSTALLING THE BOULDERS THERE AT THE, UH, PLAYGROUND. THEY'RE EXPECTING TO COMPLETE THIS PROJECT IN 2023, UH, FEBRUARY NEXT MONTH. THIS IS A AERIAL VIEW OF THE SITE. UH, THERE'S STILL QUITE A BIT OF WORK TO BE DONE. PUBLIC SAFETY CENTER, 76% COMPLETE. UH, THEY'RE CONTINUING INSTALLATION WORK ON THE LEVEL ONE LIGHT FIXTURES, LEVEL TWO PRIME COAT, UH, STILL PAINTING IN THERE. HAVE SERVER ROOM LAYOUT AND DRS IN THE EXTERIOR STAIR ERECTION. UH, THEY'RE WORKING ON, UH, THEY DID POUR THE DRIVEWAY THERE AT THE SOUTHWEST CORNER. UH, THEIR EXPECTED COMPLETION DAYS IS MAY OF 2023. WASTEWATER TREATMENT EXPANSION PROJECT, UH, BASED ON THE ESTIMATES WE'RE ABOUT 98% COMPLETE. AND GOOD NEWS, THE VARIABLE FREQUENCY DRIVES LOOKS LIKE THEY'RE COMING IN, SO WE CAN WRAP THAT UP. WHAT THAT DOES IS, UH, THAT CONTROLS THE SPEED ON YOUR PUMPS. SO THAT'S WHY WE NEED THOSE VARIABLE FREQUENCY DRIVES TO HELP CONTROL THE, UH, PUMPS SO THAT, UH, WHEN THERE'S A LOT OF FLOW, THEY SPEED UP. WHEN THERE'S NOT MUCH FLOW, THEY SLOW DOWN, SAVES YOUR WEAR AND TEAR ON YOUR PUMPS. UH, THEY'RE STILL WORKING ON THE OUTER PLANT ROADS. AND, UH, WE'RE WRAPPING ON THE PUNCH LIST. SOUTH SIDE WASTEWATER IMPROVEMENTS PROJECT. UH, WE'RE AT 91% COMPLETE. UH, WE'RE STILL WORKING ON THE PUNCH LIFT AT THE LIFT STATION. UH, THEY'RE ACTUALLY CLEANING OUT THE WASTEWATER LINES. THERE WAS SOME SEDIMENT AND DEBRIS IN THE LINES. WE HAD TO CLEAN THOSE OUT BEFORE WE ACCEPTED THE PROJECT. UH, THERE'S ONE MORE SERVICE LINE THAT WE'RE WORKING ON THAT SHOULD BE COMPLETED BY THE END OF THIS MONTH. AND WE'RE HOPING TO WRAP EVERYTHING UP, UH, NEXT MONTH ON THIS PROJECT. ELLIOT LA BRANCH INTERCEPTOR, THIS WAS [00:45:01] MOVING ALONG FAIRLY WELL. WE'RE 89% COMPLETE. UH, WE'RE STILL WAITING FOR THE NEXT PAY APPLICATION, BUT, UH, THE ROAD CLOSURES ARE STILL THERE, BUT THEY'RE DRIVABLE. THE MILL OF THE STREETS WAS COMPLETED. THEY DID START PAVING TODAY. UH, I BELIEVE, UH, THEY'LL WRAP THAT UP HOPEFULLY WITHIN A COUPLE OF WEEKS IF THE WEATHER CONTINUES TO BE GOOD FOR US. DOWNTOWN. RE RELOCATION OF OVERHEAD LINES. UH, THEY WERE SUPPOSED TO BEGIN LAST FRIDAY ON THE OVERHEAD LINES. THEY'RE WITH SPECTRUM, UH, WE'RE STILL WAITING TO SEE THEM. HURRY UP AND WRAP THAT UP. FRONTIER. UH, THEY HAVE BEEN WORKING ON THE OVERHEAD LINE IN POLE REMOVAL. SO THEY ARE WORKING OLD POST ROAD. ALL THE CULVERTS ARE INSTALLED. UH, THEY'RE POURING CONCRETE, UH, THERE AT THE LAST DRIVEWAY AT THE CHURCH. THEY HAVE ONE MORE DRIVEWAY TO POUR THAT'S, UH, BY LAUREN CONCRETE. THEY HAVE A LITTLE BIT MORE CURB AND GUTTER TO POUR THAT, UH, STILL NEEDS TO BE DONE. AND SOME, UH, CONCRETE RIP WRAP AND SOME DRAINAGE, UH, CLEANUP. AND THEY SHOULD BE WRAPPING THIS PROJECT UP IN FEBRUARY. INDIAN PAINT BRUSH LIFT STATION. WE'RE ABOUT 39% COMPLETE. UH, THEY'RE STILL WORKING ON SOME, UH, WET WELL IMPROVEMENTS THERE. THE, UH, THEY'RE INSTALLING THE, THE SLAB AT THE WET WELL AND THEY'RE INSTALLING SOME GRAVITY LINES AND SOME MANHOLES AND FOREST MAINS IN THE PROJECT CENTER. STREET VILLAGE WASTEWATER PHASE ONE WE'RE 97% COMPLETE. UH, ALL THE LAND LINES HAVE BEEN INSTALLED. THE MANHOLES HAVE BEEN, UH, CODED. PAVINGS BEEN COMPLETED. UH, ALL THE CONCRETE REPAIRS HAVE BEEN DONE. RIGHT NOW THEY'RE JUST WORKING ON THE CLEANUP. SO WE'RE ABOUT TO WRAP THIS ONE UP. UH, COUNCIL MEMBER FLORES. SO YOU ASKED ABOUT THE LAVERE LIQUIDATED DAMAGES. SO I DID TALK TO, UH, RYAN ROSS BURRO WITH, UH, THE, UH, PROJECT MANAGEMENT GROUP. FROM WHAT I UNDERSTAND, THIS PROJECT WAS ADVERTISED BACK DURING THE PANDEMIC AND THERE WAS A BIG CONCERN AT THAT TIME WITH, UH, POSSIBLY GETTING BIDDERS OR SOMEBODY TO BID ON THIS PROJECT. IN ALL MY YEARS OF CONSTRUCTION, I HAVE NEVER SEEN A CONTRACT WITHOUT LIQUIDATED DAMAGES SECTION. BUT THE DECISION WAS MADE BACK THEN TO NOT INCLUDE LIQUIDATED DAMAGES. THEY WERE HAVING PROBLEMS WITH, OF COURSE, THE PANDEMIC, HAVING PROBLEMS WITH, UH, SUPPLY CHAINS AND, UM, AND ALSO TRYING TO GET BIDDERS. SO THE DECISION WAS MADE AT THAT TIME TO NOT INCLUDE LIQUIDATED DAMAGES. THAT'S THE REASON IT WASN'T IN THE CONTRACT. THAT CAN BE GOOD. IT CAN BE BAD ON, DEPENDING ON YOUR CONTRACTOR. UH, ON THE RM ONE 50, RM 27 7 SPEED LIMIT CHANGES, UH, THE SIGNS WERE REPLACED TODAY. UH, I WANT TO THANK AARON JONES WITH HAYES COUNTY. HE, UH, QUICKLY GRACIOUSLY VOLUNTEERED TO LOAN THE, UH, MESSAGE BOARDS THAT WE PLACED ON, UH, 27 70 AND FM ONE 50. HE DIDN'T HESITATE. JUST SAID, WHEN DO YOU NEED 'EM AND WHERE DO YOU NEED 'EM? AND HE JUMPED OUT THERE AND PLACED THEM, UH, LAST WEEK. THEY'RE STILL UP. THEY'LL BE UP FOR ABOUT ANOTHER WEEK. UH, THE SIGNS DO SAY NOW, I THINK BE AWARE SIGN, UH, SPEED CHANGES AHEAD. SO, UH, THEY DID CHANGE THE SCIENCE TODAY TO LET PEOPLE KNOW THE SIGNS ARE IN PLACE ON THE RN ONE 50, UH, EAST STREET LIGHTING. WE'VE BEEN LOOKING AT THAT. WE'VE BEEN TALKING TO P C ABOUT THAT. ONE OF THE THINGS I WAS GOING TO RECOMMEND TO COUNCIL, RATHER THAN TRYING TO LIGHT THE WHOLE STRIP FROM, UH, UH, LAYMAN ROAD TO SAY HIGHWAY 21, THAT'S FOUR AND A HALF MILES, THAT WOULD BE A VERY EXPENSIVE PROJECT TO START PUTTING LIGHTS ALONG THAT WHOLE STRETCH OF A ROADWAY. SO ONE OF THE IDEAS THAT I, THAT WE TALKED ABOUT INTERNALLY WAS JUST LET'S DO SOME WHAT WE CALL SAFETY LIGHTING. WE HAVE ABOUT 25 INTERSECTIONS ALONG THAT STRETCH OF ROADWAY. SO, UH, WE, UH, WE'RE WORKING WITH PCCE TO GET SOME ROUGH IDEAS OF ROUGH ESTIMATES OF WHAT IT WOULD COST TO DO THAT PARTICULAR, UH, IMPROVEMENT JUST AT THE INTERSECTIONS. UH, JUST, JUST INSTALL A MASKED ARMOR TO PUT THE LIGHT OUT. THERE WOULD BE ABOUT $3,000. SO IT MAY BE AT THE WORST 10,000 PER INTERSECTION. SO WE'RE AT THIS POINT IN TIME, WE'RE JUST GUESSING IT'S AROUND 200,000 FOR ALL 25 INTERSECTIONS. BUT WE'LL GET A BETTER ESTIMATE FROM P E C HOPEFULLY WITHIN A WEEK OR TWO. AND I'LL UPDATE YOU WHEN I GET THAT INFORMATION. UH, BB ROAD AND D LANE COUNCIL MEMBER, UH, ABOUT THAT ONE. THIS IS A SPREADSHEET I GOT FROM, UM, L J A. UH, ON THE LEFT IS THE LIST OF THINGS THAT WE HAD ASKED OR THAT WE HAD SIGNED, UH, IN THE INTERLOCAL AGREEMENT WITH, UH, HAYES COUNTY. AND YOU SEE THE, THE ORIGINAL COST ESTIMATES ON THE LEFT SIDE IN THAT SECOND UH, COLUMN. AND THE BOTTOM LINE ON THAT IS $607,682. WE, UH, OUR FINANCE DIRECTOR WAS ABLE TO FIND THE FUNDING FOR THAT. SO THAT WAS FUNDED FOR THAT AMOUNT. UNFORTUNATELY, THE BIDS CAME IN ON THE STREET LIGHTS, FOR EXAMPLE, IN ITEM NUMBER ONE. THE, UH, THEY CAME IN MUCH HIGHER THAN WHAT WE EXPECTED. SO THAT'S THE CURRENT COST. UH, LINE TWO, UH, AGAIN, THERE WAS, YOU SEE THE REASON ON THE RIGHT WHY THOSE THAT HAD COST INCREASED ON THAT PARTICULAR LINE ITEM, UH, CONTRACT ADMINISTRATION. THAT'S NUMBER'S STILL GOOD. NUMBER FOUR, UH, THAT NUMBER WAS GOOD. NUMBER NUMBER FIVE. THAT NUMBER WAS RIGHT ON THE NOSE. NUMBER FIVE, UH, I'M SORRY, NUMBER SIX. THAT'S THE ESTIMATE THAT WE HAD FOR PAINTING THE SIGNAL POLLS. IF COUNCIL RECALLS WE WERE, THE SIGNALS POLES THAT THEY WERE GONNA PUT UP ARE JUST THEIR STANDARD GRAY POLES. AND WE WERE ASKED TO GET A PRICE FOR PAINTING THOSE BLACK. AND THAT'S THE PRICE FOR THE CAUSE FOR PAINTING THOSE BLACK. UH, [00:50:01] ONE THOUGHT I WANTED TO PUT OUT TO YOU COUNCIL, WE HAVEN'T DECIDED YET WHETHER THAT'S INTERSECTION'S GONNA GET A ROUNDABOUT OR NOT. IF IT DOES END UP BEING A ROUNDABOUT, THEN ONE IDEA IS POSSIBLY NOT TO EVEN PAINT THESE POLES, LET 'EM PUT THE POLES UP AND JUST GO AHEAD AND, AND MOVE FORWARD WITH THOSE POLLS. SO THAT'S AN IDEA FOR Y'ALL TO CONSIDER, UH, IF THAT'S WHAT WE WANNA DO. BUT I DO KNOW THAT WE NEED TO GO BACK AND AMEND THE, IN A LOCAL AGREEMENT WITH HAYES COUNTY AND THEN HAVE THE CITY AND THE COUNTY SIGN OFF OF THAT AMENDMENT FOR THIS NEW ADDITIONAL PRICE. I DID TALK TO OUR FINANCE DIRECTOR. HE SAYS HE IS ABLE TO FUND THE ADDITIONAL COST AND THAT'S WHERE WE ARE WITH THE, UH, BB ROAD AND DCY LANE PROJECT CUSTOMER. TOBY? YES. OKAY. UM, THIS PAST SUNDAY, COUNCIL MEMBER PARSLEY AND I WERE ACTUALLY DROVE OUT THERE TO TAKE A LOOK AT IT SO SHE COULD SEE WHERE WE'RE AT. AND WE, NUMBER ONE WE NOTICED, OF COURSE WHEN WE'RE TALKING ABOUT THE ILLUMINATION, UH, WHEN, WHEN I BROUGHT THIS UP, I THINK BACK IN THE SUMMER THAT'S RIGHT THERE BY CHOCOLATE ALL THE WAY UP THERE, WE WERE GONNA HAVE THE LIGHTS PUT UP WHERE WE HAVE THE CONDUITS. WE DIDN'T SEE 'EM AND WE NOTICED THAT WE STILL HADN'T SEEN THEM SINCE. SO I GUESS IS NOW BECAUSE THE COST WENT UP ON THIS THAT WE'RE NOT GONNA PUT 'EM IN? NO, THAT'S THE PROBLEM. WE HAVE NOT AUTHORIZED A CONTRACTOR TO DO THE WORK YET. OKAY. BECAUSE WE FOUND OUT THERE WAS GONNA BE A DIFFERENT PRICE. THEY DID BID, BID THESE PROJECTS OUT ON THE POLES. THE ESTIMATE WAS IT WAS UNDERESTIMATED ON THE COST FOR THE POLES AND THE PRICE CAME IN HIGHER. OKAY. SO THERE'S ADDITIONAL WORK WE STILL NEED TO AUTHORIZE A CONTRACTOR TO MOVE FORWARD WITH THIS PROJECT IF WE DECIDE TO MOVE FORWARD. BUT I DID WANNA LET COUNCIL KNOW THAT THERE IS A COST INCREASE IN, IN THE, UH, PROJECT BECAUSE OF THE, UH, UM, COST ESTIMATES. AND FOR EXAMPLE, ON UM, THESE OF THE SHARED USE PATH, THERE'S SOME WRITING THAT WAS IDENTIFIED THAT NEEDS TO BE PLACED. OKAY. SO NOW I'M GETTING A LITTLE CONFUSED BECAUSE THEY DID ADD THE CONDUITS. WERE FOUR STREETLIGHTS ON EACH CORNER. SO NOW ARE WE GOING BACK AND LOOKING AT THIS AS A POSSIBLE ROUNDABOUT IN THAT AREA AT BB AND DC? YES. NO, THAT HASN'T BEEN, THAT DECISION HAS NOT BEEN MADE YET. OKAY. BECAUSE I SAW THAT THEY HAVE ALL THE POLES THAT, I MEAN, IT'S READY FOR THE, TO ME IT LOOKS LIKE THE POLLS ARE JUST READY TO BE ERECTED UP. AND OF COURSE JUST MOVING STUFF AROUND AND JUST FINISHING UP THERE. BUT I HADN'T SEEN ANY WORK DONE SINCE MID-DECEMBER. UH, OR ACTUALLY BEFORE THEN I WAS THINKING CUZ OF THE HOLIDAY, BUT EVERYTHING SEEMED TO STOP. AND SO THAT WAS STARTING TO BE MY CONCERN, WHY I WANTED IT BROUGHT BACK. CUZ I DON'T WANT ANY MORE FURTHER DELAY CUZ HAVING PEOPLE COME OUT THERE, OTHER COUNCIL MEMBERS SEEING THAT IT'S JUST, AGAIN, CONSTRUCTION. IT'S A BIG MESS. AND SO I'M JUST TRYING TO GET OUR RESIDENTS ON THAT END, SOME KIND OF ANSWERS OF LIKE WHEN THIS IS GONNA BE COMPLETED. AND I BELIEVE I REMEMBER HEARING IT BY THE SPRING OF THIS YEAR, WE WOULD HAVE, I THINK ABOUT 80 TO 90% OF IT COMPLETED. COUNCIL MEMBER UNDERSTAND THERE WERE SOME DELAYS IN THE PROJECT. UH, ZACH RYAN WITH LGA IS HERE. HE MAY BE ABLE TO BETTER EXPLAIN SOME OF THE DELAYS THAT THEY HAD. OKAY. SO I'M GONNA ASK ZACH TO COME UP. OKAY. REALLY QUICK QUESTION. UH, IF THAT'S OKAY. DO YOU, DO YOU KNOW, UM, ANY SENSE AS TO WHY OUR ESTIMATES WERE SO OFF FOR ITEMS NUMBER? UH, NUMBERS ONE AND TWO, UH, I CAN ADDRESS THAT QUESTION. SO, UM, YOU KNOW, THE POLLS THAT WE, UM, THE CITY ASKED WERE THE, I GUESS NOT YOUR STANDARD, UM, UH, CANTILEVER POLES. THEY'RE THE DECORATIVE KIND OF ACORN LIGHT ONES SIMILAR TO BURSON. MM-HMM. . UM, SO WE USED A PRICE THAT, UM, THE CITY HAD GOTTEN ON SOME PREVIOUS PROJECTS THAT WAS ABOUT A YEAR, YEAR AND A HALF OLD, BUT SIMILAR TO A LOT OF THINGS IN THE LAST, YOU KNOW, WHEN WE GOT THAT AND THERE WAS GIANT ESCALATION, SUPPLY CHAIN ISSUES. SO THAT PRICE ALMOST DOUBLED. AND SO THAT WAS THE, THAT WAS THE REASON. THANK YOU. MM-HMM. , UM, OH, I WAS GONNA LET HIM ADDRESS THE MAYOR PRO TEMS FIRST GO, GO AHEAD. SO SPECIFICALLY ON, UM, THE COMPLETION DATE, YOU KNOW, WE'VE ALWAYS ANTICIPATED, UM, THIS IS THE COUNTY PROJECT. UM, WE WERE THE ENGINEER FOR THE COUNTY. UM, AND THAT PROJECT IS SUPPOSED TO WRAP UP THIS SUMMER. UM, THERE'S BEEN A FEW UTILITY, UH, DELAYS THAT WE'VE BEEN ABLE TO WORK AROUND. WE STILL ANTICIPATE BEING DONE. UH, THIS SUMMER WE HAD A HOPED EARLY SUMMER. IT'S LOOKING MORE LIKE LATE SUMMER. UM, BUT THAT'S STILL, THE ANTICIPATED DATE IS PROBABLY CLOSER TO AUGUST, UM, FOR THE WHOLE PROJECT. UM, WHAT, UH, LEON HAD SAID, YOU KNOW, THE, THE CONTRACTOR, THE, THE COUNTY IS CONSTRUCTING A STANDARD SIGNAL AT BB THAT DOES HAVE ILLUMINATION AT THE SIGNAL OR AT, AT THAT INTERSECTION. YOU KNOW, THE ILLUMINATION FROM THE INTERSECTION ALL THE WAY TO CHOPPA ALONG THE PATH THAT HAS NOT BEEN AUTHORIZED BECAUSE OF WHAT LEON SAID. YOU KNOW, THE, THE PRICE WAS QUITE A BIT HIGHER. WANTED TO MAKE SURE WE STILL WANTED TO, TO DO THAT. SO THE, THE CONTRACTOR HAS BUILT THE SIDEWALK OR [00:55:01] THE SHARED USE PATH YES. BUT HAS NOT PUT IN THE ILLUMINATION, UM, YET. OKAY. I HA I DID REMEMBER BEFORE THAT WE WERE SHOOTING FOR THE BEGINNING OF NEXT, UH, SCHOOL YEAR. THE BEGINNING. RIGHT. AND SO I, I HAVE BEEN LETTING THE PRINCIPAL KNOW AT CHOPPA THAT, YOU KNOW, CUZ THEY'RE ASKING ME TO, THEY'RE EXCITED BY THE WAY. THANK YOU. AND THANK YOU FOR THE COUNCIL FOR THE SUPPORT ON THIS. UM, BUT IT'S, IT'S JUST MAKING SURE THAT WE STAY ON, ON TARGET ON THAT END, IF YOU DON'T MIND. AND WE ARE ABSOLUTELY DOING OUR BEST. YES. WE GOTTA BE ABLE TO GET THAT THROUGH. DELIVER FOR THE RESIDENTS THERE. CORRECT. CUSTOMER. PARSON, I HAVE A QUICK QUESTION. SO, UM, WHEN WE WENT TO VISIT DAISY LANE, I NOTICED THERE IS JUST LIKE, IT'S SUPPOSED TO BE A FOUR-WAY ROAD, RIGHT? LIKE A FOUR-LANE ROAD. YES MA'AM. UH, WHEN, SO ARE WE PLANNING ON STARTING THE NEXT SECTION ONCE THE FIRST ONE IS COMPLETED? IS THAT WHAT WE'RE TRYING TO DO? WHAT DO YOU MEAN BY SECTION? I'M SORRY. SO THERE IS JUST LIKE, UH, LANES GOING ONE WAY. ARE THE ONES THAT ARE BEING FIXED, WHAT HAPPENS TO THE OTHER SECTION OF THAT ROAD? THE OPPOSITE SIDE? THE OPPOSITE SIDE? YEAH. SO THE, THE GENERAL STRATEGY WAS WE BUILD TWO LANES MM-HMM. , UM, AWAY FROM THE EXISTING, EXISTING LANES, YOU KNOW, AS MUCH AS WE CAN. OKAY. AND THEN WE'LL MOVE TRAFFIC TO THAT SECTION, BUILD THE OTHER TWO LANES. OKAY. AND THEN IT OPENS UP TO ALL FOUR. OH, THAT'S WHAT I WAS WONDERING. YES. SO IF THAT'S THE PROCESS. RIGHT. OKAY. AND IT'S ONLY FOUR LANES FROM, UH, BB TO AMBERWOOD? YES. AND THEN IT NEXT DOWN TO THREE. SO ONE LANE EACH DIRECTION WITH A TURN LANE. OKAY. ALL RIGHT. THANK YOU FOR YOU FOR THE REST OF THE PROJECT GOING DOORS. YEAH, I'M EXCITED TO SEE THAT FINISHED. YEAH. . YEAH, IT'S, IT IS, IT IS. THINK WE ALL, IT IS REALLY A HAZARD TO DRIVE AND I WENT IN THERE LIKE SEVEN TIMES AS LOW AS I COULD TO TAKE VIDEOS AND, AND IT'S SCARY. LIKE, I DON'T KNOW HOW PEOPLE ARE DRIVING AT NIGHT. YEAH. HONESTLY. UM, NO, IT'S GONNA BE A BIG, BIG IMPROVEMENT. SO WE'RE EXCITED ABOUT GETTING IT DONE AND JUST KNOWING, AGAIN, WE HAVE STUDENT TRAFFIC THAT GOES THERE. THEY LIVE IN AMBER WHEN THEY LIVE IN KENSINGTON AND SO FORTH. SO JUST THEM WALKING YEAR, A COUPLE YEARS, ABOUT A YEAR OR SO AGO, JUST WALKING ON THE SIDE OF THE, JUST THE ROAD ITSELF. THE DITCH. DANGEROUS THE DITCH. EXACTLY. NOW THERE'S SIDEWALKS. AND JUST KNOWING THAT ALL THIS IS COMING, WE WANNA MAKE SURE WE JUST, JUST STAY ON TOP OF THE PROJECTS, MAKE SURE IT'S COMPLETED FOR 'EM. THANK YOU. ABSOLUTELY. THANK YOU LEON. THANK YOU. I WANNA TURN IT OVER TO, UH, MARIA, WERE THERE ANY QUESTIONS THAT Y'ALL HAD FOR ME OR I'LL JUST WAIT TILL THE END. THANK YOU. ONE, ONE LAST THING ABOUT LAKE KYLE. WHERE'S SHE GONNA ADDRESS THAT? AN UPDATE ON LAKE KYLE? IT'S ON. SHE WILL TAKE YOU TO THAT. YES. MARIA ESPINOZA [VII.  Consent Agenda] PARKS AND RECREATION DIRECTOR PARKS HAS THREE ITEMS ON THE CONSENT AGENDA AND THEY WERE ALL PART OF THE APPROVED BUDGET FOR THIS FISCAL YEAR. FIRST, THE 2 1 0 4 INCH MOWERS FOR PARK MAINTENANCE AGENDA. ITEM NUMBER NINE IS THE MOBILE L E D SCREEN. UH, THAT WILL TAKE THE PLACE OF OUR INFLATABLE SCREEN. WE DID, UH, COMPLETE THE RFP PROCESS FOR THIS. WE RECEIVED TWO BRIDGES AND UH, THIS IS A SCREEN THAT WE CHOSE AND CONSENT. AGENDA ITEM NUMBER 10, THE KYLE POOL IMPROVEMENTS. WE ALSO COMPLETED THE RFQ PROCESS FOR THIS AND RECEIVED TWO BIDS TO INCLUDE STRAIGHT STRUCTURE, POOL LIGHTING, LIGHT FIXTURES, NEW PICNIC TABLES, PLUMBING FIXTURES, HAND DRYERS, TOILET ACCESSORIES, AND OF COURSE PERFORMANCE BOND. UM, AS REQUESTED BY COUNCIL MEMBER TOBI AN AN UPDATE ON THE LIGHT KYLE DAM REPAIRS. UH, WE ARE LOOKING AT ESTIMATED COMPLETION BETWEEN MARCH AND MAY. UH, STAFF WILL BE MEETING WITH THE PLUM CREEK CONSERVATION DISTRICT TO REVISIT THE TIMELINE AND GET A MORE SOUND, UH, DATE FOR COMPLETION, THE RFQ FOR THE INCLUSIVE PLAYGROUND HAS POSTED. UM, AND WE WILL BE REPOSTED UM, AT THE END OF THIS MONTH. THE R F P Q FOR THE PARK RESTROOMS HAS POSTED AND CLOSED. IT'LL BE GOING TO THE PARK AND RECREATION BOARD MEETING ON JANUARY 30TH FOR RECOMMENDATION. BUT THAT'S FOR NEW PARK RESTROOMS AT STEEPLE TRACE WATER, LEAF LAKE, KYLE, MARY, KYLE HARTSON, AND GREG CLARK PARKS. AND THEN WELCOME TO COUNCIL, UM, FOR REVIEW AND OR APPROVAL ON THE 7TH OF FEBRUARY. ASH PAVILION FLOOR IMPROVEMENTS WILL ALSO BE ON THE CITY COUNCIL AGENDA FOR THE FIRST MEETING IN FEBRUARY. THE RFP PROCESS FOR THE ASH FLOOR HAS BEEN COMPLETED. THE RFQ FOR ATION AT COOL SPRINGS AND LEINBERGER LAKES WILL BOTH BE POSTED IN EARLY JANUARY. AND STAFF HAVE BEGUN IMPROVEMENTS AT ALL THE PARKS THAT WERE PART OF THE BUDGET FOR THIS SHARE. STARTING WITH STEEPLE CHASE, INCLUDING THE REPAINTING OF BASKETBALL COURTS. DISC CALL FOR IMPROVEMENTS, BALLFIELD IMPROVEMENTS, SIGNAGE, UH, [01:00:01] LOOKING AT IRRIGATION AT THE DOG PARK, VOLLEYBALL, COURT IMPROVEMENTS, TRASHCAN AND BARBECUE PIT REPAIRS AT WATER LEAF PARK, SIGNAGE AND PLAYGROUND IMPROVEMENTS. AND AT KRUG, GETTING NEW TABLES AND CHAIRS. WE'RE WORKING WITH CAST TO IDENTIFY ANY OTHER IMPROVEMENTS THEY MAY SEE THAT WE NEED. UM, AND THEN OVERALL BALL FIELD AND LIGHT INSPECTIONS AT STEEPLECHASE PARK, WATER LEAF PARK, AND GREG CLARK PARK. AND THEN CITYWIDE IRRIGATION, STARTING WITH STEEPLECHASE PARK WATER, LEAF PARK AND GREG CLARK PARK. UH, WE HAVE STARTED THE PROCESS AND WILL BE REPOSTING RFP FOR PARK CAMERAS FOR ALL THE PARKS. AND WE HAVE OUR PUBLIC ENGAGEMENT DAYS FOR OUR DESIGN PORTION OF THE SPLASH PAD. SO AS I MENTIONED IN THE CITY MANAGER'S REPORT, THEY'LL BE ON JANUARY 30TH AND FEBRUARY 7TH. AND THIS IS JUST FOR THE SPLASH PAD. THERE'LL BE OTHER DATES FOR THE SKATE PARK. UH, THE PARK AND RECREATION BOARD WILL REVIEW LIGHTING HOLIDAY LIGHT DISPLAYS FOR THE 2023 SEASON AT THE JANUARY 30TH MEETING AND BRING, UM, CONTRACTS BACK TO CITY COUNCIL IN FEBRUARY. WE'LL BE WORKING, UH, WITH CITY STAFF, UM, AND WITH THE COUNTY AND POSTING RFQ TO BE POSTED FOR THE SPORTS PLEXUS SPRING AND POSTING THE RFQ FOR THE DEVELOPMENT OF MASON WOOD PARK AND THE RFQ FOR THE DEVELOPMENT OF LINEBERGER LAKE PARK. UH, THE RFQ FOR TRAIL IMPROVEMENTS IS IN THE WORKS RIGHT NOW TO BE POSTED ALSO NEXT MONTH. AND THAT IS ALL THE PROJECT FOR OUR C IPS AT THIS TIME. GUESS WHERE? FORCE SCALE. ALL RIGHT. I WANNA MAKE SURE I'M ALLOWED TO ASK QUESTIONS CUZ THIS ISN'T, THIS ISN'T CITY MANAGER'S REPORT. THIS IS, YES. ALL THE SAME QUESTIONS WERE ASKED AND I JUST WANNA MAKE SURE THAT WHEN WE GAVE DIRECTION TO YOU LAST TIME REGARDING GREG, GREG, NOT GREG CLARK, STAPLE CHASE, I DON'T, I WANNA MAKE SURE THAT IT'S NOT GONNA BE ALL $500,000 SPENT ON A SPLASH PAD. I THINK IT WAS THE DIRECTION WAS FOR THE SPLASH PAD AND OTHER UPGRADES THAT, THAT THE, UM, PARKS BOARD DEEMED NECESSARY. THAT'S CORRECT. IT WAS FOR, UM, THE SPLASH PAD AND THEN WE WERE ALSO GOING TO TAKE IT TO THE PARK BOARD AT JANUARY 30TH TO SEE IF THEY HAD ANY OTHER RECOMMENDATIONS AS WELL. OKAY. AND THAT'LL COME BACK TO COUNSEL TOO? YES, MA'AM. OKAY, THANK YOU. I DID HAVE, I DID HAVE A COMMENT AND OF COURSE, SORRY, I CAN'T FIND IT ANYMORE. UM, I WAS CHECKING THE WARRANTY FOR THE L E D UM, SCREEN, WHICH I'M VERY EXCITED ABOUT AND IT SEEMS TRICKY SO I JUST WANTED TO MAKE SURE WHENEVER WE GET IT, THE GENERATOR IS LIKE BRAND NEW CUZ HE WAS SAYING THE WARRANTY WILL EXPIRE, WHATEVER IS FIRST GENERATOR, UH, GETS DAMAGE OR IT'S THREE YEARS AND THERE WAS SOMETHING ADDITIONAL TO THAT. OKAY. SO I JUST WANTED YOU GUYS TO MAKE SURE WHENEVER WE GET IT, THAT YOU GUYS CHECK ON THOSE DETAILS. AND I THINK IT WAS IN PAGE 12 BECAUSE UM, I DON'T WANNA BUY IT AND THEN IT JUST EXPIRES RIGHT AWAY. OR LIKE THE WARRANTY JUST GETS VOIDED IMMEDIATELY. YES, MA'AM. WE'LL, WE'LL REVIEW. MM-HMM. , THANK YOU. ARE WE TALKING ABOUT THAT AGENDA ITEM NOW? THE SPLASH PAD? THE L E D TRAILER. THANK YOU. WE'RE TALKING ABOUT IT NOW. AGENDA ITEM, IS IT ON THE AGENDA? IT'S AN AGENDA ITEM. THE TRAILERS ON. IS IT CONSENT AGENDA ITEM? OH YES, THAT'S YES. MM-HMM. . MM-HMM. , THIS IS THE TIME IF YOU WANNA ASK ANY QUESTIONS ABOUT, I JUST WANTED TO ASK, UH, WHEN, IF WE DO GET THE TRAILER, IF, IF COUNCIL, UH, DECIDES ON IT, HOW WILL IT BE USED THROUGHOUT THE CITY? HOW WILL, UM, LIKE IN WHICH PARKS? UH, I WOULD LIKE TO SEE IT AT ALL OF THEM TOWARD EVERY RESIDENT GETS AN OPPORTUNITY AT THE LAKE OR AT LA VERDE, WHEREVER YOU LIVE TO, TO SEE THE, A BIG SCREEN SHOW. SO THE PLAN, UH, FOR THE L E D MOBILE SCREEN IS TO USE FOR THE MOVIES IN THE PARKS. RIGHT NOW THEY'RE CURRENTLY AT RED CLARK PARK. WE USED TO HAVE THEM AT LAKE KYLE PARK, BUT BECAUSE OF THE WIND BY THE LAKE MM-HMM. , UM, OUR INFLATABLE MOVIE SCREEN DOESN'T LIKE THE WIND. AND SO THIS IS GONNA ACTUALLY BE A LOT BETTER BECAUSE WE CAN TAKE THE MOBILE SCREEN BACK TO LAKE KYLE AND TO MOVE IT TO OTHER PARKS FOR THE MOVIES IN THE PARK BECAUSE IT CAN WITHSTAND UP TO 45 MILES PER HOUR. WHEREAS OUR OTHER INFLATABLE SCREEN ONLY WITHSTAND UP TO 20 MILES AN HOUR. AND THEN WE'LL ALSO BE USING IT FOR ALL SPECIAL EVENTS. UM, SO YOU'LL SEE IT AT ALL K STREET, EXTRAVAGANZA CENTER STREET TRICK OR TREAT ALL OF OUR, UM, CITYWIDE EVENTS. SO YOU MM-HMM. ANTICIPATE HOW MANY TIMES A YEAR WILL YOU BE USING IT? YEAH, A LOT. OKAY. SO I KNOW WE HAVE A LOT OF EVENTS, RIGHT? YES. YES SIR. WE DO. UM, AND LIKE EVEN OUR THOUGHT WAS LINE MARKET DAYS OR WHEN WE HAVE LIKE, EVENTS DOWNTOWN OR AT ONE OF THE PARKS AND THE MAJOR FOOTBALL GAMES ON THAT WILL POP THE SCREEN, IT'LL PUT THE MOBILE SCREEN UP AND UM, I HAVE A FOOTBALL GAME PLAYING, SO IT'LL BE OUT AT THE PARKS A LOT. I I LOOKED AT A LOT OF BROCHURES. MM-HMM. WHERE IT DOES BRING A LOT OF CITIZENS TOGETHER, UH, AT THAT DOWNTOWN AREA, UH, IS DID, WHAT KIND OF FEEDBACK DID YOU GET? IS IT, DOES IT, UM, GOOD ENOUGH TO HEAR, TO SEE IS [01:05:01] IT OVERCROWDED OR WILL BE, WILL THERE BE, UM, UM, PROBLEMS WITH BEING ABLE TO WALK AROUND? UM, NO. OR SEE IT FROM BOTH SIDES? NO, SO IT COMES ON THE BACK OF A TRAILER. SO UNLIKE THE INFLATABLE SCREEN WHERE YOU HAVE STRINGS STICKING OUT ON ALL SIDES AND WE HAVE TO PUT SANDBAGS EVERYWHERE, IT JUST, IT ROLLS UP SO IT'LL BE EASIER TO ACTUALLY GET AROUND. UM, STAFF DID HAVE AN OPPORTUNITY TO SEE IT IN PERSON AT OUR NATIONAL CONFERENCE AND WE THOUGHT IT WAS AWESOME AND WE KIND OF SEEN IT IN ACTION. SO WE HIGHLY RECOMMEND THE SCREEN. AND THEN WHERE WILL IT BE STORED? I GUESS, SO IT'S DEFINITELY DAMAGE AT OUR DAMAGED MAINTENANCE BUILDING UNDER THE COVERED SHELTER AT ART PARK SHOP. OKAY. ANYONE ELSE? JUST, JUST, JUST TO CON GO. OKAY. CUSTOMER HAZARD, MY QUESTIONS ON 10 CAN GET PUSHED TO 36, RIGHT? RIGHT. YES. WE'LL PULL, WE'LL PULL 10 AND PUSH THAT TO 36. BUT IF YOU HAVE QUESTIONS ON ANY OTHER CONSENT AGENDA ITEMS. PERFECT. THANK YOU. UH, THIS IS A GOOD TIME TO ASK UNLESS YOU WANNA PULL IT AND HAVE A FULL ON DISCUSSION. SO IS THERE ANY OTHER, JUST, JUST ONE LAST COMMENT ON THE, ON THE TRAILER, WOULD IT BE ABLE TO BE BACKED UP TO THE SIDE OF THE SWIMMING POOL, YOU KNOW, THE VERY CORNER TO WHERE IF THEY WERE ABLE TO DECIDE TO HAVE A MOVIE NIGHT? LIKE ON THE, ON THE CORNER. ON THE OUTSIDE OF THE FENCE? ON THE OUTSIDE OF THE FENCE, YES. TO WHERE THEY COULD HAVE, OR WE COULD MAYBE SPONSOR A MOVIE NIGHT AT THE POOL OR SOMETHING LIKE THAT. CHARLES BOOM. YEAH, WE COULDN'T GET THE SCREEN INSIDE THE FENCE, BUT WE DID ON THE OUTSIDE OF THE FENCE. PUT IT ON THE OUTSIDE. YEAH, I HONESTLY, I'D HAVE TO PLAY WITH IT. CAUSE I THINK THE FENCE WOULD BE IN THE WAY OF THE VIEWING JUST, YEAH, I'M JUST THROWING IT OUT THERE. MM-HMM. OKAY. THANK YOU. I'M DONE. MAYOR. YES, SIR. YEAH. . ANYONE ELSE? ANY OTHER QUESTIONS? ALL RIGHT, THANK YOU, MARIANA. ALL RIGHT, NEXT UP IS THE CONSENT AGENDA. WE'RE GONNA PULL ITEM NUMBER 10. DOES ANYONE HAVE ANY ITEMS THAT THEY WOULD LIKE TO PULL? COUNCIL MEMBER FLOOR SCALE AGENDA ITEM 18, PLEASE. OKAY. ANYONE ELSE? I JUST WANNA MAKE SURE THAT THE, THE WAY THAT 13 IS WRITTEN IS NOT THE WAY THE MOTION WAS GIVEN. SO DO WE NEED TO DISCUSS THAT? SO THE, THE, LET'S SEE, REPROGRAMMING 500,000 FROM THE NEW NORTHEAST, UH, PARK CAPITAL IMPROVEMENT PROJECT TO PROVIDE FUNDING FOR THE DESIGN AND CONSTRUCTION OF A NEW WATER SPLASH PAD. ANOTHER ASSOCIATED IMPROVEMENTS AND EQUIPMENT AT THE CITY'S ST UM, UH, STABLE CHASE PARK. SO WHAT WAS THE DIFFERENCE IN THE MOTION? SO THE MOTION WAS GIVEN FOR STAFF TO GO BACK TO THE PARKS WAR AND COME UP WITH A DESIGN THAT INCLUDED, BUT WAS NOT LIMITED TO HAVE A WATER FEATURE. SO I JUST SO YOU'RE SAYING WATER FEATURE VERSUS WATER SPLASH PAD? WELL INCLUDED BUT NOT LIMITED TOO. SO IT COULD BE SOMETHING ELSE WITH A WATER FEE. THAT'S THE WAY THE, THE MOTION WAS DONE. SO I SO PERVEZ ON THAT ITEM. DOES IT, BASED ON THE WAY YOU SEE IT, NEW WATER SPLASH PAD AND OTHER ASSOCIATED IMPROVEMENTS, DO YOU THINK THAT WOULD, THAT OTHER ASSOCIATED IMPROVEMENTS IS SUFFICIENT TO LEAVE THE MOTION. OKAY. ANYONE ELSE? MOTIONS CUSTOMER FORCE TWO. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA 8, 9 11, 12, 13, 14, 15, 16, 17. SECOND AND 19 SECOND. HANG ON. JUST 17, 19 IS A PUBLIC HEARING. OH, SORRY. THAT'S OKAY. YES. OKAY. SO, UH, MOTION BY COUNCIL FLORES KALE, SECONDED BY MAYOR PROTE TOBIAS. SO WE APPROVE AGENDA ITEMS EIGHT, NINE, UH, AND 11 THROUGH 17 IS THE DISCUSSION ON THAT MOTION. I WANTED TO PULL 15 OR TO TALK ABOUT THAT. UH, WELL WE HAVE THE MOTION ON THE TABLE. UM, IF YOU WANT TO HAVE THE DISCUSSION RIGHT NOW ON 15, YOU CAN BEFORE WE CALL THE VOTE, OTHERWISE WE'LL HAVE TO RESEND THE MOTION. YEAH, CUZ I, I JUST HAD QUESTIONS ABOUT THE COST OF THAT GOING FORWARD. CHIEF ALL MAYOR MEMBERS COUNSEL, FEDERAL HERNANDEZ, ASSISTANT CHIEF FOR THE RECORD. UH, SORRY, YOUR QUESTION WAS SIR? YEAH. UM, HI CHIEF, UM, ASSISTANT CHIEF. UM, YEAH, MY QUESTION WAS, UM, THIS IS WORKS OFF OF RA RADAR TO HIT THE LIGHT WITH AN EMERGENCY VEHICLE MM-HMM. THAT LETS THE LIGHT CHANGE RIGHT. FOR THE EMERGENCY VEHICLE? CORRECT. AND, UM, WHO WOULD PAY FOR, I GUESS THE COST, I MEAN, IS IS THIS A, A TEXT DOT AGREEMENT TO NO SIR. TO PAY FOR THE INSTALLATION AND, AND THE MAINTENANCE? OR IS THIS GOING TO BE, UH, AND IT ALSO SAYS LIKE AT CERTAIN INTERSECTIONS, SO RIGHT. WHICH ONES WILL THESE BE GOING TOWARDS? I COULD SEE THEM NEEDED LIKE AT THE HOSPITALS OR, YES, SIR. AND, UM, THIS ITEM WAS PREVIOUSLY BROUGHT FORWARD AND APPROVED BY COUNSEL DURING THE BUDGET PROCESS. SO ALL THAT DOCUMENTATION SHOULD BE, I DON'T KNOW IF YOU HAVE ANY OF THE SUPPORTING DOCUMENTS, BUT I THINK 19 INTERSECTIONS HAVE BEEN IDENTIFIED THROUGHOUT THE CITY. [01:10:01] MM-HMM. AND, UH, SO THIS PROJECT WAS BUDGETED FOR AND APPROVED BY COUNCIL. OKAY. SO THAT WAS MY AND SO THE 19 INTERSECTIONS, YOU, UM, UM, DOES, IS THIS JUST MORE HELPFUL IN ADDITION TO SIRENS? UH, YES. ABSOLUTELY. IT'S TO, YOU KNOW, TO IMPROVE SAFETY, UH, AT THOSE INTERSECTIONS TO HELP CLEAR THE INTERSECTIONS OF TRAFFIC TO HELP, YOU KNOW, EMERGENCY VEHICLES GET THROUGH THERE SAFELY. OKAY. CUSTOMER FLOOR SCALE. THANK YOU. DURING THE BUDGET TIME, WE AGREED TO COVER, UH, THE SAME FOR THE FIRE DEPARTMENT AND I JUST WANNA MAKE SURE THAT YOU GUYS ARE CORRESPONDING WITH THEM TO MAKE SURE THAT THEY RECEIVE THE SAME, UM, I GUESS SOFTWARE AND EVERYTHING THAT, THAT, THAT THEY NEEDED IN ORDER TO BE ABLE TO PARTICIPATE IN THIS AS WELL. YES. I BELIEVE THEY HAVE ALREADY ORDERED THEIR EQUIPMENT AS WELL AND WE HAVE RECEIVED OUR EQUIPMENT AS WELL, AND THAT, THAT THEY'VE STARTED THE INSTALLATION AND OUR INSTALLATION WILL BEGIN SOON. OKAY. THANK YOU. YOU'RE WELCOME. AND THEN THE LAST QUESTION. SO, SO THIS EXECUTES THE AGREEMENT TO ALLOW TEXDOT TO GO AND FIDDLE WITH THE SIGNS NOT TO ALLOW TEXDOT TO ALLOW US AND OUR PARTNER, THE OPTICUM TO INSTALL THE EQUIPMENT ON THE TECH STOCK LIGHTS OKAY. IN INTERSECTIONS. GOTCHA. YES, SIR. ANY OTHER QUESTIONS ON THAT ITEM? ALL RIGHT. UH, SO THE MOTION'S ON THE REMAINDER OF THE CONSENT TO BE CLEAR. ALL IS IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIE. SEVEN TO ZERO. ALL [18.  Discussion and possible action to end negotiations on the 2022 RFP for Construction Manager at Risk Agreement for 104 S. Burleson Building Project and to reject all bids. ~ Amber Lewis, Assistant City Manager] RIGHT. NEXT UP IS AGENDA ITEM 18. DISCUSSION OF POSSIBLE ACTION IN NEGOTIATIONS ON THE 2022 RFP FOR SEEING HIM AT RISK FOR 1 0 4 SOUTH BURLESON AND TO REJECT ALL BIDS. THIS IS, UM, AMBER LEWIS'S ITEM CUSTOMER FLOOR SCALE. THANK YOU. UM, I JUST WANNA MAKE SURE, CAUSE I KNOW WE'RE NOT, UH, WE'RE KIND OF PUTTING STUFF ON HOLD FOR THE 1 0 4 SOUTH BURLINGTON. I WANNA MAKE SURE ALL CONTRACTS TO INCLUDE THE A C G M ARE NOT GONNA GET PAID. WE'RE GONNA LIKE EITHER TERMINATE OR PUT ON HOLD ALL THAT. UM, ANYTHING THAT REQUIRES MONEY. YES, MA'AM. SO, ON B GK, UH, THE CONTRACT STATES THAT YOU ONLY PAY FOR WORK PERFORMED. OKAY. AND SO UNLESS WE DO ANY ADDITIONAL WORK WITH THEM, WE WILL NOT BE INVOICED AND WE WILL NOT BE PAYING FOR THAT WORK. UH, THIS ITEM, UH, TERMINATES ANY ONGOING NEGOTIATIONS WITH CADENCE BISHAN FOR THE CONSTRUCTION MANAGER AT RISK RELATIONSHIP. AND THEN, UM, AGENDA ITEM NUMBER 17, TERMINATES THE AGREEMENT WITH, UH, B K, THE ARCHITECT FOR THE BUILDING AT 1 0 4 SOUTH BURLESON, GIVING Y'ALL TIME TO REGROUP AND DECIDE WHAT YOU WOULD LIKE TO DO AT THAT ADDRESS. OKAY. SO THAT HITS ALL THE POINTS EXCEPT FOR A CGM. AND I KNOW WE PAY THEM EVERY MONTH WHETHER THEY DO WORK FOR US OR NOT. AND SO THAT'S WHAT THE AGREEMENT WAS. AND SO I JUST WANTED TO MAKE SURE THAT WE CLARIFIED THAT WE ARE NOT GONNA MOVE FORWARD WITH THEM AT, AT THIS TIME. SO THEY ARE STILL UNDER CONTRACT AT 1 0 4 SOUTH BURLESON, BUT THEIR CONTRACT AT THAT FOR THAT PARTICULAR PROJECT STATES THEY ONLY GET PAID FOR WORK THAT THEY DO. THEY ARE NOT PAID MONTHLY REGARDLESS OF ANY WORK THAT THEY, UH, OR REGARDLESS OF THE WORK THAT THEY PERFORM, WHETHER OR NOT THEY DO IT OR NOT. SO, UM, WE HAVE HAD A CONVERSATION WITH A GCM ABOUT THE WISHES OF COUNCIL TO PUT THIS PROJECT ON PAUSE UNTIL YOU CAN REGROUP AND DECIDE WHAT YOU, WHAT YOU ENVISION THERE. UM, THEY ARE WILLING TO PAUSE THEIR WORK AS WELL AND, AND WAIT FOR Y'ALL TO COME BACK TO THEM. AND AT THAT POINT, IF THAT'S SOMETHING Y'ALL DECIDE DURING THE VISITING WORKSHOP, I KNOW THIS WILL BE ON Y'ALL'S AGENDA. UH, YOU CAN DECIDE AT THAT POINT IF YOU WANNA TERMINATE, YOU WANNA CONTINUE TO MOVE FORWARD AND GIVES YOU THE MOST OPTIONALITY TO LEAVE THAT OPEN-ENDED. BUT YOU WILL NOT BE CHARGED FOR ANY WORK THAT THEY DON'T DO, AND STAFF WILL NOT BE ASKING THEM TO DO ANY WORK ON THE 1 0 4 SOUTH BURLESON PROJECT UNTIL WE GET FURTHER DIRECTION. OKAY? I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 18, PLEASE. SECOND. SECOND. MOTION BY CUSTOMER FLORES KALE. SECONDED BY CUSTOMER PARTIALLY. IS THERE A DISCUSSION ON THE MOTION? MOTION ALLS IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES SIX TO ZERO. ALL [19.  Public Hearing to Consider Proposed Assessments to be Levied Against the Assessable Property within the 6 Creeks Public Improvement District Pursuant to the Provisions of Chapter 372 of the Texas Local Government Code. ~ Stephanie Leibe, Norton Rose Fullbright] RIGHT. NEXT UP IS AGENDA ITEM 19. UH, PUBLIC HEARING TO CONSIDER PROPOSED ASSESSMENTS TO BE LANDED AGAINST THE ACCESSIBLE PROPERTY WITHIN THE SIXTH CREEK'S, UH, PUBLIC IMPROVEMENT DISTRICT PURSUANT TO THE PROVISIONS OF CHAPTER 3 72 OF THE TEXAS LOCAL GOVERNMENT CODE. UH, THIS IS A PUBLIC HEARING ITEM. UH, SO DID YOU WANNA PRESENT ON IT? OH, BUT YOU'LL PRESENT ON THE NEXT ONES, RIGHT? ALL RIGHT. SO IF THERE ARE NO OBJECTIONS, I'M GONNA OPEN THE PUBLIC HEARING NOW. PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? I SKIP MY PROCLAMATION. SEEING NONE. I'M GONNA CLOSE THE PUBLIC HEARING IT IS NOW. WHAT'S THAT? YOU SKIPPED MY PROCLAMATION? YES. OOH, , WAY BACK. THAT'S OKAY. ALL RIGHT, LET'S GO BACK TO IT. I'M SORRY ABOUT THAT. NO, IF YOU WANNA FINISH THAT SO WE COULD BE DONE AND THEN WELL, I DON'T [01:15:01] MIND BACK. ALL RIGHT, THEN WE'LL DO THAT BEF AND THEN UNDERSTOOD. UM, ALL [20.  An Ordinance of the City Council of the City of Kyle, Texas Accepting and Approving a Service and Assessment Plan and Assessment Roll for the 6 Creeks Public Improvement District; Making a Finding of Special Benefit to the Property in Improvement Area #4 and the Remainder Area of the District, Respectively; Levying Assessments Against Property Within Improvement Area #4 and Property within the Remainder Area of the District and Establishing a Lien on Such Property; Providing for the Method of Assessment and the Payment of the Assessments in Accordance with Chapter 372, Texas Local Government Code, as Amended; Providing Penalties and Interest on Delinquent Assessments; Providing for Severability; Resolving All Matters Incident and Related Thereto; and Providing an Effective Date. ~ Stephanie Leibe, Norton Rose Fullbright] [21.  An Ordinance Approving and Authorizing the Issuance and Sale of the City of Kyle, Texas, Special Assessment Revenue Bonds, Series 2023 (6 Creeks Public Improvement District Improvement Area #2B Project); and Approving and Authorizing Related Agreements. ~ Stephanie Leibe, Norton Rose Fullbright] [22.  An Ordinance Approving and Authorizing the Issuance and Sale of the City of Kyle, Texas, Special Assessment Revenue Bonds, Series 2023 (6 Creeks Public Improvement District Improvement Area #4 Project); and Approving and Authorizing Related Agreements. ~ Stephanie Leibe, Norton Rose Fullbright] [23.  Resolution Designating Successor Dissemination Agents for the Continuing Disclosure Agreements Relating to the 6 Creeks Public Improvement District. ~ Stephanie Leibe, Norton Rose Fullbright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  Proclamation recognizing the life and work of Dr. Martin Luther King Jr. ~ Yvonne Flores-Cale, Council Member] MLK NOW? ABSOLUTELY. ALL RIGHT. WE'RE GONNA GO BACK TO MLK. AND I DO, I DO APOLOGIZE. I DON'T KNOW HOW I MISSED THAT. DO WE STILL HAVE THE PUBLIC HEARING OPEN OR CLOSED? PUBLIC HEARING IS CLOSED. OKAY. ALL RIGHT. ALL RIGHT. WE'RE GONNA BRING UP AGENDA ITEM NUMBER, UH, SEVEN PROCLAMATION, RECOGNIZING THE LIFE AND WORK OF DR. MARTIN LUTHER KING JR. MS. KEL. ALL RIGHT. THANK YOU. AS WE ALL KNOW, THIS LAST MONDAY WAS, UH, MARTIN LUTHER KING DAY RECOGNITION OF, AND ON SATURDAY, OUR CITY HELD AN EVENT, UM, THAT HAD, THAT WAS SPONSORED BY OUR ARTS AND CULTURAL COMMISSION. AND IT WAS, IT WAS, IT WAS AMAZING. THERE WAS LOTS OF KIDS THERE, AND THAT, THAT WAS MY THING. I WANTED TO SEE THE KIDS, HIGH SCHOOL KIDS GET UP AND SPEAK, AND I WISH THEY WOULD'VE SAID MORE. UM, AND [01:20:01] SO, UM, USUALLY THIS IS DONE BY COUNCIL MEMBER ALLISON, WHO, UM, DID A REALLY GOOD JOB OF MAKING SURE THAT TIMES LIKE THIS WERE ALWAYS, UH, SIGNIFIED BY A PROCLAMATION. AND SO, UM, REGARDLESS OF OUR DIFFERENCES, I, I DO APPRECIATE AND I MISS THAT. AND SO, UM, I WANNA SAY THANK YOU TO HIM FOR ALWAYS KIND OF BEING THE ENCOURAGEMENT FOR ALL OF US TO, UH, ACKNOWLEDGE THE THINGS THAT ARE IMPORTANT TO US. AND SO, WITH THAT, THIS IS GONNA BE MY PROCLAMATION FOR THE DR. MARTIN LUTHER KING JR. DAY. WHEREAS DR. MARTIN LUTHER KING JR. CARRIES A POWERFUL ROLE IN THE AMERICAN CIVIL RIGHTS MOVEMENT AND CONTINUES TO IMPACT THE GROWTH IN THE DEVELOPMENT OF OUR NATION. AND WHEREAS DR. KING DEDICATED HIS LIFE PROMOTING JUSTICE AND RACIAL EQUALITY, AND WHEREAS DURING DR. KING'S FIGHT TO OVERCOME INEQUALITY AND INJUSTICE, HE CONTINUOUSLY ADVOCATED FOR COMPASSION AND NONVIOLENCE. AND WHEREAS DR. KING'S WORDS CONTINUE TO TEACH AND INSPIRE THE WORLD TO, TO BE ACCEPTING OF EACH OTHER AND OUR DIFFERENCES. AND WHEREAS STILL, YET, IN 2023, CONTINUOUS WORK IS REQUIRED TO OVERCOME INEQUALITY AND INJUSTICE WITHIN OUR SOCIETY. AND WHEREAS THE CITY OF KYLE'S DIVERSE AND GROWING POPULATION PROVIDES AN OPPORTUNITY TO GROW AND DEVELOP CONCURRENTLY WITH DR. KING'S DREAM OF EQUALITY INJUSTICE, NOW THEREFORE BE IT PROCLAIMED THAT DR. MARTIN LUTHER KING, JR. DAY 2023 LIVE AS THE DAY IS OF REMEMBRANCE FOR DR. KING'S LIFE'S WORK AND SACRIFICES, AS WE CALL UPON OUR RESIDENTS, TO HONOR DR. KING BY EMBRACING HIS BELIEF THAT TRUE PEACE IS NOT MERELY THE ABSENCE OF TENSION, IT IS THE PRESENCE OF JUSTICE. SIGNED AND ENTERED, UH, AT THE CITY OF KYLE THIS 17TH DAY OF JANUARY. THANK YOU. ANYBODY HAVE ANY COMMENTS? BOTH, YEAH, I KNOW SEVERAL OF Y'ALL WERE AT THAT EVENT. MM-HMM. . YEAH, I WATCHED IT ONLINE FOR, UH, FOR A WHILE. THEY SEEMED PRETTY GOOD. UM, I JUST WANTED TO SAY I HEARD FROM, UH, VANESSA WESTBROOK, WHO WAS, UH, INSTRUMENTAL IN PUTTING ON THE EVENT, UH, SHE'S UNABLE TO BE HERE, BUT HI, VANESSA. THANK YOU SO MUCH FOR PUTTING ON THE EVENT. UH, AND JUST A SHOUT OUT FOR STEPHANIE MURRAY, WHO I THINK GRADUATED HIGH SCHOOL ABOUT A YEAR AGO, AND WORKED WITH VANESSA HAND IN HAND TO PUT ON, UH, SATURDAY'S EVENT HONORING, UH, MARTIN LUTHER KING JR. AND IT WAS FANTASTIC TO SEE, UH, YOUNG PEOPLE COME TOGETHER AND DO SOMETHING REALLY POSITIVE. UH, CAUSE I THINK IN THE TIMES IN WHICH WE LIVE NOW, AS POLARIZED AS THINGS CAN GET WHEN YOU SEE YOUNG PEOPLE, UM, MAKING THE CHOICE TO WANT TO, UM, ENGAGE, UH, IN A PUBLIC SETTING, I THINK IT'S PRETTY UNIQUE. AND, UM, UH, I WAS HONORED TO BE A PART OF IT. SO I'LL SAY SOMETHING. UH, CUSTOMER . YES. UH, SATURDAY WAS A, WAS A GREAT EVENT. I'D LIKE TO THANK ALL THE KIDS WHO CAME OUT TO GIVE SPEECHES AND, UM, THE ORGAN ORGANIZATION, THE ARTS AND CULTURAL COMMISSION, UM, KIWANIS. AND FOR ME, I LOOK AT, UH, MARTIN LUTHER KING'S MESSAGE AS, UM, LIVE EVERY DAY TO WORK FOR EACH OTHER AND TO CARE FOR EACH OTHER. THAT'S WHAT, THAT'S WHAT HE MEANS TO ME. ANYONE ELSE? MAYOR I PRO? YES. UH, I ATTENDED THE EVENT AS WELL WITH, UH, UH, COUNCIL MAYOR, BEAR, AND ZUKA. AND AGAIN, YES, THANK YOU, MS. WESTBROOK FOR HELPING SPONSOR THIS AND THE KOWANAS AND THE LIBRARY AND CITY STAFF DID A GREAT JOB. UM, YOU'RE RIGHT. AND THANK YOU, COUNCIL MEMBER FLORES KA FOR BRINGING THIS TO, TO LIGHT AS WELL, THE PROCLAMATION. UM, YE YES, WE ARE, WE DO HAVE A LOT OF DIFFERENCES IN OUR COMMUNITY. AND ONE OF THE, THE LAST MESSAGES THAT I GAVE, AND IT'S ONLINE IF ANYBODY WANTS TO GO BACK AND LOOK AT IT, IT'S ON YOUTUBE, IS THAT I WAS BASICALLY REACHING OUT TO OUR YOUTH THAT WERE THERE TO EMPOWER THEMSELVES TO KNOW THAT IT'S THEM. THEY'RE THE FUTURE OF OUR COMMUNITIES. THEY'RE THE FUTURE LEADERS, THEY'RE THE FUTURE COUNCIL MEMBERS, THEY'RE THE FUTURE MAYORS, BUSINESS OWNERS, DOCTORS, NURSES. AND SO, THOUGH WE MAY BE DIFFERENT, WE MAY LOOK DIFFERENT, WE HAVE DIFFERENT LANGUAGES, WE PRAY DIFFERENTLY. UH, WE STILL HAVE TO EMBRACE OUR DIVERSITY BECAUSE WHEN WE EMBRACE DIVERSITY, AS I SAID BEFORE, YOU ALSO EMBRACE UNITY. AND WHEN YOU HAVE THAT UNITY, THAT'S WHEN YOU'LL HAVE A GREAT COMMUNITY AND YOU ARE ABLE TO PARTNERSHIP WITH SO MANY DIFFERENT CULTURES, SO MANY DIFFERENT RELIGIONS, SO MANY DIFFERENT ETHNIC BACKGROUNDS, AND YOU'LL BE ABLE TO COME TOGETHER. AND I THINK THAT, AGAIN, THAT WAS THE MESSAGE THAT MARTHA LUTHER KING HAD, WAS TO EMBRACE OUR DIFFERENCES AND COME TOGETHER FOR HUMANITY. BECAUSE LADIES AND GENTLEMEN, IT'S, IT'S UP TO US TO TEACH OUR YOUNGER KIDS OUR GEN NEXT GENERATION. UM, THE IMPORTANCE OF, UH, RESPECTING ONE ANOTHER AND, AND, AND MOVING FORWARD IN THE DIRECTION THAT WE WANT TO BE AND SO FORTH. THANK YOU, MAYOR, CUSTOMER PERSONALLY, I JUST WANTED TO MAKE A QUICK, UM, A QUICK NOTE. UM, I ATTENDED AS A SPECTATOR TO THE EVENT, AND IT WAS PRETTY, UM, EMOTIONAL. [01:25:01] UM, I DIDN'T GROW UP KNOWING ABOUT MARTIN LUTHER KING BECAUSE I'M AN IMMIGRANT, SO I LEARNED THAT AS I WAS STUDYING FOR US HISTORY. UM, SO I FELT LIKE THE ENGAGEMENT THAT WE HAD HAVING ALL THE STUDENTS WAS FANTASTIC, AND I HOPE IT CONTINUES. SO THANK YOU SO MUCH TO VANESSA FOR PUTTING THIS TOGETHER. THANK YOU. ALL RIGHT. LET'S MOVE ON TO [24.  (First Reading) Consideration and Approval of an Ordinance Authorizing the Issuance of “City of Kyle, Texas General Obligation Bonds, Series 2023”; Levying a Continuing Direct Annual Ad Valorem Tax, within the Limitations Prescribed by Law, for the Payment of the Bonds; Authorizing the Execution of any Necessary Engagement Agreement with the City’s Financial Advisors; and Providing for an Effective Date. ~ Stephanie Leibe, Norton Rose Fulbright] AGENDA ITEM 24. FIRST READING, CONSIDERATION, AND APPROVAL OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF CITY OF CALL, TEXAS GEO BONDS SERIES 2023, LEAVING, UH, CONTINUING DIRECT AVOR TAX WITH WITHIN THE LIMITATIONS PRESCRIBED BY LAW FOR THE PAYMENT OF THE BONDS, UH, AUTHORIZING THE EXECUTION OF ANY NECESSARY ENGAGEMENT AGREEMENT WITH THE CITY'S, UH, FAS AND PROVIDING FOR AN EFFECTIVE DATE. MS. LIEY, COULD I EVENING AGAIN, STEPHANIE LIBE NORTON, ROSEVILLE WRIGHT. UH, IN ADDITION TO SELLING THE TWO SERIES OF PID BONDS TODAY, THE CITY ALSO SOLD THE SERIES OF ITS GENERAL OBLIGATION BONDS. THOSE BONDS WERE ISSUED IN THE PRINCIPLE AMOUNT OF $41,575,000 FROM THE PROCEEDS OF THE BONDS, THE CITY WILL RECEIVE A PRO, UH, 45 MILLION. THAT WILL BE A CONSTRUCTION FUND DEPOSIT, WHICH WILL BE THE INITIAL PROJECT FROM THE 2022 STREET BOND PROPOSITION. AND THE CITY WILL RECEIVE $2 MILLION THAT WILL BE USED FOR, UH, 2020 PARKS BOND PROPOSITION. SO AGAIN, RYAN CUNNINGHAM WITH SAMCO, UH, CAPITAL MARKETS, IS AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE RELATED TO, UM, RESULTS OF TODAY'S MARKETING OF THE BONDS. R WE C CAPITAL MARKETS SERVED AS LEAD UNDERWRITER FOR THOSE BONDS. AND JUST ONE POINT OF CLARIFICATION, SINCE THIS IS A BOND ORDINANCE, IT ONLY HAS A ONE READING REQUIREMENT. SO IT WILL BE EFFECTIVE UPON COUNCIL'S PASSAGE TONIGHT. ALL RIGHT. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS FOR MS. LIEY? COUNCIL FORK? THANK YOU. I JUST WANNA MAKE SURE I UNDERSTAND THIS. ARE WE GOING AFTER ALL THE BONDS NOW? LIKE IS THIS GONNA AFFECT OUR TAXPAYERS NEXT YEAR? CAUSE IT LOOKS LIKE, YOU KNOW, ADDING THEM ALL TOGETHER, IT'S LIKE $332 MILLION. AND I, I KNOW WE'VE DONE BORROW FROM THIS AND, BUT ARE WE ACTUALLY JUST PUTTING THEM OUT RIGHT NOW? AND, AND SO THE CITY'S GONNA HAVE THAT BURDEN? UM, NOT BURDEN, BUT YOU KNOW, THAT ASSESSMENT TO THE RESIDENTS NEXT YEAR. SO, OKAY. SO THESE BONDS ARE PAYABLE FROM THE CITY'S AVAL ALARM TAX CITY'S AVAL ALARM TAX FOR THE SEC UPCOMING YEAR WAS APPROVED BY COUNCIL. WHEN YOU ADOPTED THE BUDGET FOR THIS YEAR MOVING FORWARD FOR EACH ANNUAL PERIOD, THE CITY WOULD HAVE TO SET A TAX SUFFICIENT TO PAY THE DEBT COMING DUE IN THAT NEXT BUDGET YEAR. SO WHETHER OR NOT THIS INITIAL BOND ISSUANCE IS GONNA CAUSE OR IS PROJECTED TO CAUSE A FUTURE INCREASES TO TAX RATE, I WOULD HAVE TO DEFER THAT QUESTION EITHER TO RYAN OR TO PRESS. I KNOW THAT A TAX RATE INCREASE WAS CONTEMPLATED AT THE TIME OF THE 2022 BROAD BOND ELECTION. BUT FOR THE SPECIFIC QUESTION AS TO WHETHER THIS INITIAL ISSUANCE IS GONNA RESULT IN A TAX RATE IMPACT, I CAN'T ANSWER THAT QUESTION. I WOULD ACTUALLY LIKE TO HEAR FROM BOTH OF YOU GUYS. YEAH. OKAY. THAT'S A GOOD FA QUESTION. YOU FIRST. . THANK YOU. RYAN CUNNINGHAM, SANCO CAPITAL MARKETS, THE FINANCIAL ADVISOR OF THE CITY. IT'S GREAT TO BE HERE. THANKS FOR HAVING ME. SO, JUST A BIT, LITTLE BIT OF COLOR ON THE SALE TODAY. SO TO FOLLOW UP ON WHAT MS. LIVEY SAID, WE WENT OUT FOR 47 MILLION. UM, IT WAS GOOD TIMING TO GET IN THE MARKET. THE 10 YEAR TREASURIES COME DOWN ABOUT 25 BASIS POINTS SINCE THE START OF THE YEAR, SO THAT'S GOOD FORTUNE ON OUR PART, BUT ALSO THE CITY STAFF S AND P AFFIRMED YOUR AA MINUS RATING. SO IT WAS STRONG. IT'S GOOD TO BE IN THE MARKET TODAY. THERE WAS REALLY ONLY ONE OTHER SALE WITH OTHER ISSUERS COMING LATER WITH THE MLK HOLIDAY. UM, BUT WHEN WE'VE BEEN RUNNING THESE ANALYSIS, WE WENT OUT OUT BEFORE FOR THE TOTAL BOND PACKAGE. WE SAID THE I NS TAX RATE WOULD GO UP TO 59 CENTS. SO WITH THIS ISSUE, WE ARE NOT THERE. WE'RE AT ABOUT 57 CENTS BASED ON 10% GROWTH AND ALL THIS, BUT WE WON'T REALLY KNOW THE IMPACT UNTIL WE GET THE ASSESSED VALUES THIS SUMMER FOR WHEN YOU SET IT FOR NEXT YEAR. THAT BEING SAID, WE WERE RUNNING NUMBERS AT FOUR AND 0.75% DECEMBER ONE, IT CAME IN AT 3.59% BORROWING COSTS. SO THAT'S ABOUT 7.5 MILLION LESS IN INTEREST THAN WHEN WE'RE PROTECTING EVEN BACK THEN. WE ALWAYS TRY TO AIM ON THE HIGH SIDE TO BE CONSERVATIVE, BUT THIS CAME IN EVEN BETTER THAN WE HAD EXPECTED. SO WE'RE TARGETED TO DO ANOTHER 29 MILLION POSSIBLY OF ROSE THIS SUMMER, DEPENDING ON HOW THE VALUES COME IN. BUT WE ARE NOT ONLY HITTING OUR MARKS, WE'RE AHEAD OF THOSE AT THIS TIME. WHAT DOES, UM, INTEREST LOOK LIKE FOR 200? WELL, ACTUALLY ALTOGETHER I THINK IT'S LIKE 300 AND WE'LL SAY 347 MILLION. WHAT DOES THAT LOOK LIKE? THE 294 MILLION, HOW MUCH THE INTEREST WILL BE? UM, WELL, WHEN WE ADD IT ALL TOGETHER COLLECTIVELY. UM, [01:30:01] SO I DON'T KNOW WHAT FOR EACH ISSUE, BUT FOR, FOR THIS ONE THAT WE ISSUED, THE INTEREST IS 26 MILLION. SO BEFORE, LIKE I SAID, IT WAS ABOUT 8 MILLION HIGHER WHEN WE WERE RUNNING THIS PRELIMINARY ANALYSIS IN DECEMBER. SO WE ARE DEFINITELY ON TARGET TO MEET WHAT WE PROJECTED SO FAR, BUT WE'LL KNOW IN THE SUMMER WHEN THE TAXABLE VALUES COME IN. EXACTLY. AND IF THE VALUES ARE DOWN, THEN DOESN'T MEAN WE HAVE TO DO THAT 29 MILLION THIS SUMMER. IF IT'S UP, WE CAN DO MORE. BUT WE ARE WITHIN THE CONFINES OF WHAT WE TOLD THE VOTERS WE WERE GONNA DO WITH THIS FIRST ISSUE. OKAY. PEREZ, TELL US WHAT YOU KNOW. SO, MAYOR, MAYOR PERK COUNCIL MEMBERS, FOR THE RECORD, I'M VEMA CITY'S DIRECTOR OF FINANCE IN NOVEMBER, 2022. WHEN WE WENT BEFORE THE VOTERS, WE ASKED FOR 294 MILLION FOR THE ROAD BOND PROGRAM. AT THAT TIME, BETWEEN CITY STAFF AND THE CITY'S FINANCIAL ADVISOR, WE PROJECTED THAT THE TOTAL TAX RATE INCREASE WILL BE SLIGHTLY OVER 9 CENTS. OUR CURRENT TAX RATE IS 0.5082, AND WE SAID IT'LL BE SLIGHTLY LESS THAN 60 CENTS. WE'RE NOT ISSUING THE ENTIRE 294 MILLION TONIGHT, WE'RE ONLY ISSUING 45 MILLION. THE NEXT ISSUE WILL BE TIMED AND SIZED BASED ON OUR NEEDS. WE WILL NOT ISSUE DEBT TO PUT IT IN THE BANK AND SIT THERE. SO DEPENDING ON HOW OUR ENGINEERING PROJECT MANAGER, GENERAL SERVICES MANAGER IS PROCEEDING WITH THE PROJECTS, HOW EACH OF THE NINE PROJECT ENGINEERS ARE MO MOVING FORWARD, HOW THOSE DESIGNS ARE BEING COMPLETED. SO THE NEXT ISSUE, THIS IS THE START, THE 45 MILLION, IS TO GET THE ENGINEERING STARTED THE RIGHT OF WAY ACQUISITION STARTED, ANY UTILITY WORK RELOCATIONS NECESSARY, GETTING THOSE STARTED. SO THERE'S NO DELAY IN THE ACTUAL CONSTRUCTION OF THESE ROADS. IF THE PROJECTS ARE MOVING FASTER AND WE NEED MORE MONEY, WE MAY HAVE ANOTHER ISSUE IN LATE SUMMER. THE TAX VALUATIONS, THE, THE TAX RATES ARE DEPENDENT ON THE VALUATIONS. WE WILL NOT HAVE IT CERTIFIED TAX RULE FROM THE HAYES CAD OR APPRAISAL DISTRICT UNTIL JULY 25TH. THAT IS THEIR DEADLINE TO GIVE US THE CERTIFIED TAX RULE. SO ON JULY 25TH OR THEREABOUTS, WE WILL KNOW IF THERE WILL BE A TAX IMPACT OF THIS DEBT ISSUE. AND TO WHAT EXTENT. SO WHEN WE ARE GOING THROUGH THE BUDGET PROCESS WITH COUNCIL, AND WE BRING THE TAX RATES FOR YOUR CONSIDERATION, YOU WILL KNOW WHAT THE EXISTING TAX RATE WAS, WHAT THE NEW VALUATIONS ARE, AND THE, AND THE NEW TAX RATES THAT HAVE TO BE IN ORDER TO MAKE THIS DEBT SERVICE PRINCIPLE AND INTEREST PAYMENTS ON THIS 45 MILLION. WE WILL ALSO KNOW IN LATE SUMMER IF WE NEED TO ISSUE MORE BONDS THIS YEAR, OR IF WE CAN WAIT TILL THE FOLLOWING FISCAL YEAR. I HOPE THAT ANSWERS YOUR QUESTION, COUNCIL. SO OUT OF THE 294 MILLION, WE'RE ISSUING 45 MILLION? THAT'S CORRECT. OKAY. SO OUT OF CURIOSITY, STEPHANIE, WHY DO WE PUT ALL THREE OF 'EM ON THIS PAPERWORK ON THE ORDINANCE? WHY DID WE PUT ALL THREE PROPOSITIONS? YEAH. YES. SO IT'S JUST OUR, WE USE THAT TO TRACK PROPOSITIONS AND TO SHOW HOW MUCH REMAINING AUTHORITY OR IF DEVOTED AUTHORITY HAS BEEN, UM, EXHAUSTED. WHEN WE BRING THE BONDS TO THE ATTORNEY GENERAL'S OFFICE, THEY ALSO LIKE TO TRACK THE AMOUNT OF REMAINING AUTHORITY THAT AN ISSUER HAS. AND SO THAT'S JUST A REALLY EASY WAY FOR US TO UPDATE, PROVIDE YOU ALL WITH UPDATES, HAVE IT KIND OF FRONT AND CENTER FOR EVERYONE TO UNDERSTAND. OKAY. SO ON THE, WHERE IT SAYS STREETS, AND THEN IT SAYS AUTHORIZED AMOUNT PRE, UH, PREVIOUSLY SHE BONDS AND THEN BONDS ISSUED HEREIN, THAT'S GONNA GO FROM A BLANK TO 45 MILLION THAT WILL GO, IT'S NOT QUITE 45 MILLION. SO BECAUSE WE SOLD $41,575,000 OF BONDS, THE CITY WAS ALSO ABLE TO GENERATE A PREMIUM ON THAT BOND SALE, WHICH IS BASICALLY EXCESS PROCEEDS. YOU'LL DEPOSIT 45 MILLION INTO YOUR PROJECT FUND FOR THOSE ROAD PROJECTS. SINCE YOU'RE DEPOSITING 45 MILLION INTO THE PROJECT FUND, STATE LAW REQUIRES THAT YOU COUNT THAT WHOLE 45 MILLION AGAINST YOUR VOTED AUTHORITY AND NOT JUST THE AMOUNT OF BONDS THAT YOU SOLD. SO THE COLUMN THAT SAYS AMOUNTS HERE AND ISSUED WILL BE A PRO RATA ALLOCATION BETWEEN THE TWO PROPOSITIONS BASED ON THE PRINCIPLE AMOUNT. THE NEXT COLUMN PREMIUM AUTHORIZED AGAINST VOTER AUTHORITY WILL PUT IN THAT AMOUNT OF THE AMOUNT OF PREMIUM, AGAIN, PRO RATA BETWEEN THE TWO PROPOSITIONS AND THEN REMAINING AUTHORITY. SO [01:35:01] FOR THE 294 MILLION, WE'LL TAKE 2 94 MINUS THE 45 AND THEN SHOW REMAINING AUTHORITY. OKAY. AND CAN, AND CAN I, WE GET A COPY OF ALL THAT WHEN IT'S COMPLETED OF THIS. SO I SENT A COPY. WE, WE PROVIDED JENNIFER A COPY OF THAT WHEN IT WAS ALL SENT, AND I ALSO SENT YOU AN EMAIL EARLIER THIS EVENING. PERFECT. WITH THE COMPLETED ORDINANCE. OKAY. THANK YOU. OKAY. CUSTOMER PARSLEY. OUT OF THE 45 WE ARE ISSUING IS ANY OF THAT PARKS IS GONNA GO FROM THE PARKS. SO THE 41 575 IS GONNA BE ALLOCATED BETWEEN STREETS AND PARKS. 45 MILLION OF BOND PROCEEDS WILL GO TO STREETS. 2 MILLION OF BOND PROCEEDS WILL GO TO PARKS. AND SO IT'S 47 MILLION. OKAY. THAT'S IT. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 24, SECOND MOTION BY MAYOR SECOND BY COUNCIL MEMBER FLOOR SCALES THROUGH DISCUSSION ON THE MOTION. ALL AS IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES SEVEN TO ZERO. SO THIS PASSES US AS A COMPLETE READING. YES. WE DON'T HAVE TO, RIGHT? IT'S, THAT'S WHAT I BELIEVE IS CORRECT. YES. YEAH. OKAY. ALL RIGHT. [25.  An Ordinance of the City of Kyle, Texas, Amending Chapter Five (5) of the City of Kyle Code of Ordinances “Animals” to Include Article X “Trap, Neuter, Release"; Providing Registration of Cat Colonies; Providing Program Requirements; Providing Liability and Limitations or Liability; Providing a Severability Clause, and Open Meetings Clause; Providing an Effective Date and Related Matters. ~ Paige Saenz, City Attorney] NEXT UP IS GEN 9 25. UH, IN ORDINANCE OF CITY OF CO TEXAS, AMENDING CHAPTER FIVE OF THE CITY OF KYLE, CODE OF ORDINANCES, ANIMALS TO INCLUDE ARTICLE 10, TRAP NEW TO RELEASE, PROVIDING REGISTRATION OF CAT COLONIES, PROVIDING PROGRAM REQUIREMENTS, PROVIDING LIABILITY AND LIMITATIONS OR LIABILITY, UH, PROVIDING, UH, SEVERAL ABILITY CLAUSE, OPEN MEETINGS CLAUSE, EFFECTIVE DATE, AND LATER RELATING MATTERS. UH, THIS IS SPONSORED BY MS SIGNS THAT CAME BACK AT THE DIRECTION OF COUNSEL. UM, I DO WANNA SAY THAT WITH REGARDS TO THE ORDINANCE, THERE WERE TWO, THERE HAVE BEEN TWO REQUESTED AMENDMENTS, UH, TO WHAT'S BEEN PROPOSED. ONE IS, UH, TO REPLACE RELEASE WITH THE VERBIAGE THAT'S BEING USED, WHICH IS RETURN. AND I WOULD ASSUME WE PROBABLY WANT TO PUT TRAP NEUTER VACCINATE IN RETURN. UH, UM, BUT I'M NOT, SINCE THAT'S WHAT'S ON YOUR CARDS. UH, AND THEN THE SECOND IS SOME, UH, CLARIFICATION LANGUAGE IN THE ACTUAL ORDINANCE RELATING TO FERAL KATZ AND SOME OF THE OPINION LANGUAGE THAT WAS REQUESTED TO BE STRUCK OUT THAT I READ THROUGH. WE WERE EMAILED BY MS. SHERRY AND I THOUGHT THAT WAS ALSO APPROPRIATE. SO THOSE WERE, IF WE MOVE FORWARD, THOSE WOULD BE THE TWO ITEMS THAT I WOULD WANT TO, UH, CLEAR UP. SO, WE'LL, HOPEFULLY WE CAN TRY AND BE EFFICIENT WITH THIS CONVERSATION. UH, MS. SIGNS, DO YOU HAVE A PRESENTATION THAT YOU WANNA MAKE? UH, JUST A BRIEF PRESENTATION. UH, MAYOR COUNCIL PAGE, SCIENCE CITY ATTORNEY. FOR THE RECORD, THE, THIS ORDINANCE SETS UP THE PARAMETERS FOR THE, THE PROGRAM, THE TRAP, NEUTER AND RETURN PROGRAM, IF THAT'S THE DIRECTION OF COUNCIL TO CHANGE THAT. AND IT, UH, REQUIRES THAT SOME OF THE COMMENTS THAT HAVE BEEN MADE ABOUT, YOU KNOW, GETTING INFORMATION ABOUT THE BUDGET AND HOW THAT'S GOING TO BE ADMINISTERED, IT PROVIDES THE PARAMETERS AND THE STRUCTURE FOR THE PROGRAM. BUT YOU STILL HAVE THE BUDGET NEEDS TO BE BROUGHT BEFORE COUNCIL AND THE, UH, THOSE DECISIONS STILL HAVE TO BE MADE TO IMPLEMENT THE PROGRAM. UH, I WILL NOTE THAT THE QUESTION THAT CAME UP AT THE LAST MEETING ABOUT THE AGS OPINION THAT HAS BEEN REQUESTED ABOUT WHETHER TRAPPING AND RELEASING WOULD CONSTITUTE ANIMAL ABANDONMENT AND BE A VIOLATION OF A STATE LAW OR A CITY ORDINANCE, WHILE THAT'S PENDING, WE HAVE LANGUAGE IN HERE THAT SAYS THAT THE T N R PROGRAM VOLUNTEERS ARE NOT CONSIDERED TO HAVE ABANDONED THE STRAY CATS. SO THE COUNCIL'S MAKING ITS OWN DETERMINATION IN THE ORDINANCE ITSELF. AND, UH, YOU CAN HAVE THAT IN PLACE UNTIL THE OPINION COMES OUT. AND THEN YOU CAN MAKE A DECISION WHETHER YOU NEED TO CHANGE THE PROGRAM OR TERMINATE THE PROGRAM BASED ON THE AGS OPINION. AND I'M HAPPY TO ANSWER ANY QUESTIONS. AND THERE ARE OTHER STAFF MEMBERS AVAILABLE TO ANSWER QUESTIONS AS WELL. OKAY. UH, DOES ANYBODY HAVE ANY COMMENTS OR QUESTIONS? COUNCIL MEMBER, PARSLEY. ALL RIGHT. SO I SEE IN SECTION TWO, ARTICLE, ARTICLE 10, TRAP NEURO RELEASE SAYS THE CITY OF KYLE CODE OF ORDINANCE, I'M SORRY. UM, SECTION THREE, APOLOGIZE. THE CITY OF KYLE AND KYLE ANIMAL CONTROL SHALL WORK WITH LOCAL VOLUNTEERS, SHELTERS AND VETERINARY PRACTICES TO ENACT A TRAP NOODLE RELEASE PROGRAM THAT COMPLIES WITH THE PROVISION OF THIS ORDINANCE FOR THE PURPOSE OF TRAPPING FERAL FREE ROAMING CATS. SO WHAT, WHAT IS GOING TO BE THE JOB THAT ANIMAL CONTROL IS GOING TO HAVE ON THIS? WHAT ARE THEY ACTUALLY GOING TO BE DOING? AND I MIGHT ASK FROM ASSISTANCE, SOME ASSISTANCE FROM STAFF TO GET INTO THE DETAILS ABOUT THAT. UM, I BELIEVE THAT THE PLAN, BASED ON SOME OF THE INFORMATION I'VE SEEN WOULD BE THERE HE COMES, THE ASSISTANT CHIEF IS TO, UM, RELY ON VOLUNTEERS AS MUCH AS POSSIBLE. AND STEP INTO THAT. [01:40:01] PEDRO HERNANDEZ, ASSISTANT CHIEF FOR THE RECORD, YOUR QUESTION IS, WHAT IS, WHAT IS THE JOB THAT ANIMAL CONTROL IS GOING TO HAVE IN THIS ORDINANCE AND THIS, OR, WELL, IF THE PROGRAM IS STRUCTURED HEAVILY ON VOLUNTEERS, AND THAT'S MY UNDERSTANDING THAT IT'S GONNA BE PRIMARILY VOLUNTEERS TO, UH, HELP CHECK THE TRAPS, HELP EITHER TRANSPORT 'EM TO THE SHELTER, TRANSPORT 'EM FROM THE SHELTER BACK TO THE AREA WHERE THEY WERE TRAPPED, UH, THEY WILL BE ASSISTING, COORDINATING, OUR ANIMAL CONTROL OFFICER WILL COORDINATE THOSE VOLUNTEERS IN THOSE EFFORTS TO, TO COMPLY WITH THE ORDINANCE. UM, WILL THE ANIMAL CONTROL OFFICERS ALSO BE DOING THAT? YES. IT JUST DEPENDS ON THE SCHEDULING. WHEN THEY'RE, WHEN THEY'RE SCHEDULED TO WORK, OBVIOUSLY THEY'RE GONNA CHECK THE TRAPS FREQUENTLY, YOU KNOW, WE'RE NOT GONNA LEAVE THEM OVERNIGHT OR OVER THE WEEKEND OR WHATEVER THE CASE MAY BE. SO, UH, THE ANIMAL CONTROL OR THE NEIGHBORHOOD SERVICES SUPERVISOR WILL COORDINATE THE SCHEDULING OF THE, THE ANIMAL CONTROL OFFICERS AND THE SCHEDULING OF THE VOLUNTEERS. SEE, CUZ THAT'S WHERE I HAVE AN ISSUE. CUZ THEN WE'RE GONNA HAVE TO TALK ABOUT STAFFING. CUZ NOW ANIMAL CONTROL IS ALREADY OVERWHELMED. I SAW THEM LIKE BACK IN MY NEIGHBORHOOD LOOKING FOR THE BOBCAT MM-HMM. TWO, THREE WEEKS AGO. AND NOW ON TOP OF THIS, WE'RE GOING TO ASK THEM TO GO AND TRAP THE, THE CATS OR PICK UP THE CAGE AND THEN PICK THEM UP, TAKE THEM TO THE SHELTER, OR TO GET THEM NOTRE AND THEN GO BACK AND RELEASE THEM. I DON'T HAVE AN ISSUE WITH THE PROGRAM. I DON'T WANT ANIMAL CONTROL INVOLVED DOING ANY, ANY OF THIS TO ADD, OR WE'RE GONNA HAVE TO STAFF ANIMAL CONTROL TO ADD TO THIS PROGRAM. AND, AND THAT'S SOMETHING THAT OUR ANIMAL CONTROL, UM, OFFICER EXPRESSED LAST TIME. SO SHE DIDN'T, AND UNFORTUNATELY SHE'S NOT HERE, UM, TO ANSWER SOME OF THOSE QUESTIONS. BUT, UH, I KNOW THAT SHE WOULD WORK IN COORDINATION WITH THE SHELTER. SHE WOULD WORK IN COORDINATION, YOU KNOW, COORDINATE WITH THE, THE VOLUNTEERS. UH, WILL SHE ALWAYS BE ABLE, OR ANIMAL OFFICERS ALWAYS HAVE THE TIME TO GO DOWN TO THE SHELTER? NO, BUT THAT'S WHY, AND I SPOKE WITH, UM, CHRISTIE OVER AT THE SAN MARCOS SHELTER AND SHE SAYS SHE ALREADY HAS A LIST OF VOLUNTEERS AND THEY ALREADY HAVE A DATABASE AND THAT, THAT THEY REACH OUT TO THE VOLUNTEERS. AND SO IT WOULD, IT WOULD HAVE TO BE A COORDINATED EFFORT. SO YEAH, I MEAN, IT MAY PUT MORE WORK ON OUR ANIMAL CONTROL OFFICERS. UH, THEY ARE GONNA HAVE TO RELY ON THOSE VOLUNTEERS. UM, YOU KNOW, INITIALLY CHRISTIE SAID THAT THOSE VOLUNTEERS SHOULD BE AVAILABLE, UH, TO ASSIST US WITH, WITH RETURNING THEM. UH, SHE SAID, BECAUSE THE NUMBER OF CATS THAT WE TAKE IN IS NOT AN OVERWHELMING NUMBER OF, OF CATS THAT THEY SHOULD BE ABLE TO HELP THAT. AND UNTIL WE GET OUR VOLUNTEER PROGRAM UP AND RUNNING, OKAY, SO IF WE WERE TO PASS THIS, I WOULD LIKE TO REQUEST FROM OUR ANIMAL CONTROL TO GIVE US A MONTHLY REPORT ON HOW MANY TIMES THEY HAVE BEEN, UM, USED FOR THE TNR PROGRAM. THAT THAT'S ONE OF MY, SO WE CAN BUDGET APPROPRIATELY FOR THIS. AND THEN NUMBER TWO, AND I DON'T KNOW WHO CAN HELP ME WITH THIS, UM, HOW MUCH IS THIS GOING TO COST? LIKE, I DON'T, I DON'T HAVE A NUMBER OF, ARE WE PLANNING ON A HUNDRED THOUSAND DOLLARS A YEAR? $200,000 A YEAR? UM, I HAVE SOME NUMBERS FOR CAGES AND, UM, I DON'T KNOW THAT CATCH FLOW THERE. THERE'S SOME MINIMAL EQUIP THE MINIMAL COST TO, TO START, UM, TO GET SOME OF THAT EQUIPMENT TO PROVIDE FOR THE VOLUNTEERS. BUT IF WE'RE NOT GONNA STAFF ANOTHER POSITION FOR IT, THEN THERE'S NOT GONNA BE ANY PERSONNEL COST. OKAY. UH, THERE'S NOT GONNA BE ANY SALARY OR OVERTIME OR ANYTHING ASSOCIATED WITH THAT IF, ONCE AGAIN, WE'RE THIS PROGRAM IS GONNA RELY ON VOLUNTEERS. SO, UH, IT JUST DEPENDS ON HOW, YOU KNOW, AND A LOT OF THIS STUFF, WE'RE GONNA HAVE TO WORK THROUGH IT. IF AT SOME POINT IT, YOU KNOW, IT IS OVERWHELMING OUR STAFF AND WE DON'T HAVE THE NUMBER OF VOLUNTEERS THAT WE ANTICIPATE, THEN WE MIGHT HAVE TO LOOK AT, AT ADDING ADDITIONAL ANIMAL CONTROL STAFF. IS THERE ANY WAY WE CAN DO A TRIAL FOR THIS PROGRAM AND SEE HOW WE FEEL ABOUT IT IN A YEAR? THAT WILL BE SOMETHING I, I'LL CONSIDER. THAT'S WHAT I WANTED TO DO. MM-HMM. CUSTOMER FIRST. KA WELL BEAR CUSTOMER HEIZER. YEAH. WE ALREADY FOLLOW, UH, I I'M OPEN TO THAT SUGGESTION. UH, FOR SURE. I JUST WANT TO JUMP IN AND ASK THE QUESTIONS. UH, JUST CONFIRMING FROM WHAT WE HAD HEARD TWO WEEKS AGO, ANIMAL CONTROL ALREADY IS DOING, IS TRAPPING SOME CATS, RIGHT? AND TAKING THEM TO THE SHELTER. YES, SIR. YEAH. SO ON TOP OF, IF WE WERE TO TAKE ON THIS PROGRAM, IT WOULD ONLY ACTUALLY MAKE, UM, THE, THE JOB MORE EFFECTIVE FOR THE HOURS THAT ARE ALREADY ARE BEING PUT IN BY ANIMAL CONTROL AND TRAPPING ANIMALS, RIGHT? BECAUSE IS THAT, DO YOU BELIEVE THAT WOULD BE THE CASE THAT IT WOULD MAKE? MAYBE I'M NOT UNDERSTANDING THAT IT WOULD MAKE WHAT MORE EFFECTIVE? THEIR, WELL, SO LIKE NOW THEY HAVE TO, UH, ANIMAL CONTROL TAKES THE CATS TO THE SHELTER THEMSELVES [01:45:01] A LOT OF TIMES. BUT IF VOLUNTEERS ARE A PART OF IT, IT'S ACTUALLY SAVING TIME. IT IT FROM THOSE OFFICERS SO THAT THEY ARE ABLE TO FOCUS ON OTHER, UM, OTHER ISSUES. YOU KNOW, IN THIS BIG CITY OF OURS, IT, IT, IT COULD, IT JUST, IT WILL ALL DEPEND ON THE AVAILABILITY OF, OF VOLUNTEERS, YOU KNOW, HOW MANY HOURS ARE THEY GONNA, UH, WORK A WEEK OR HOW OUR VOLUNTEER PROGRAM IS GONNA BE STRUCTURED. WE HAVE TO LOOK AT THAT. ARE WE GONNA HAVE, YOU KNOW, CERTAIN NUMBER THAT ARE GONNA BE SCHEDULED, YOU KNOW, TO WORK A CERTAIN NUMBER HOURS PER WEEK OR ARE THEY GONNA BE, YOU KNOW, IS THE MESSAGE GONNA BE SENT OUT AND WE'LL JUST HAVE TO SEE THAT A VOLUNTEER IS AVAILABLE TO RESPOND? WHAT? THOSE ARE THE THINGS THAT WE'RE GONNA HAVE TO WORK THROUGH. OKAY. THANK YOU. COUNCILOR FORCE CO. ALL RIGHT. I'M, I'M A HUNDRED PERCENT TORN ON THIS. UM, I'M WITH COUNCIL MEMBER PARSLEY. I DO NOT WANNA SPEND ON TOP OF WHAT WE ALREADY SPEND, UM, AT THE REGIONAL SHELTER. I DON'T WANNA SPEND EXCESS. MY SUGGESTION WOULD BE IN SECTION THREE. UM, IF I'M HEARING THE CONCERNS CORRECTLY, IT'S THE LAW THAT'S NOT ALLOWING THE VOLUNTEERS TO PICK UP THE CATS AND TAKE 'EM AWAY. SO IN ORDER TO KIND OF CLEAR THAT, WE COULD SAY THE CITY OF KYLE SHALL ALLOW LOCAL VOLUNTEERS, SHELTERS AND VETERINARY PRACTICES TO TRAP NEW, TO RELEASE OR RETURN PROGRAM. SO WE TAKE OURSELVES OUT AS A CITY AND WE ALLOW THESE VOLUNTEERS TO DO WHAT THEY WANTED TO DO. WHAT I, I, AND JUST SO WE'RE CLEAR, I SPOKE WITH LILA KNIGHT LAST NIGHT, WE, OR THE NIGHT BEFORE, AND WE WERE GOING BACK AND FORTH ON IDEAS. SO THIS DOESN'T STEM FROM JUST ME, IT STEMS FROM MY CONVERSATIONS WITH RESIDENTS IN THE CITY. UM, AND SO I WAS, I I THOUGHT, WELL, THAT'S A GOOD IDEA. LET'S TRY THIS, THIS OUT FOR A YEAR. THAT WOULD GIVE A GOOD COST. THEY SAY THERE'S THESE VOLUNTEERS. LET'S, I MEAN, WHAT YOU'RE ASKING FOR IN THIS ORDINANCE IS FOR US TO SAY, YES, WE'LL DO THIS, BUT THERE IS NO BACKUP. THIS IS LIKE A, A BLANK CHECK. RIGHT? AND I WOULDN'T DO THAT FOR ANY OTHER ORDINANCE, AND I REALLY AM NOT GONNA DO THAT FOR THIS ONE. UM, I DO HAVE A FEAR OF ANIMALS BEING SICK AND US NOT KNOWING, AND THEN THEM BEING OUTSIDE ON THEIR OWN. I HAVE A FEAR OF, YOU KNOW, INFESTATION OF FLEAS. UH, THERE'S A VARIETY OF THINGS I FEAR BY BRINGING THESE ANIMALS BACK AND NOT HAVING A DEFINITE HOME FOR THEM, THE SAME WAY THAT THESE VOLUNTEERS ARE WORRIED, UM, THAT THEY'RE BREAKING THE LAW. I WANNA MAKE SURE OUR CITY AND OUR, OR AT LEAST OUR EMPLOYEES ARE NOT BREAKING THE LAW. UM, I I, WE HAVE THIS PENDANT AGS, UM, OPINION AND THAT SHOULD COME BACK WITHIN MONTHS THAT WOULD RELIEVE THE CITY OF LIABILITY. UM, AND I THINK BY ADJUSTING THE LANGUAGE IN SECTION THREE, WE'RE ALLOWING THE ORGANIZATIONS TO DO WHAT IT IS THEY WANNA DO. AND WE'RE NOT PUTTING OUR STAFF AND OUR EXCESS TAX DOLLARS BECAUSE IF I UNDERSTAND THIS CORRECTLY, HAYES COUNTY HAS ALREADY APPROVED THIS. SO IN ONE WAY OR ANOTHER, OUR TAX DOLLARS ARE GOING TO THIS PROGRAM ON A COUNTY LEVEL. SO IF WE DO IT AGAIN ON A CITY LEVEL, WE'RE PAYING FOR IT TWICE. AND I'M WILLING TO DO THAT IF YOU CAN SHOW ME AND JUSTIFY THE NUMBERS AND THE PROCEDURES. SO I DON'T KNOW IF ANYBODY ELSE IS AMENABLE TO, YOU KNOW, IN SECTION THREE, JUST MAKING IT BASED ON VOLUNTEERS STRICTLY IN TAKING OUT, UH, AND KYLE ANIMAL CONTROL. I AM. AND THEN ALLOWING THEM TO DO THAT. SO, ALL RIGHT. SO A FEW THINGS. SO I THINK IT'S BEEN, ARE Y'ALL TRYING TO GO AHEAD. YOU JUMPED UP. ASK FOR CLARIFICATION. SO WE'RE GONNA WAIT FOR THE AGS OPINION TO RETURN BEFORE WE, THE CITY. THE ORDINANCE AUTHORIZES THE ANIMAL CONTROL OFFICER, CORRECT? WELL, I WOULD SAY LIKE A YEAR, LIKE WHEN ME AND MRS. KNIGHT DISCUSSED IT, SHE SAID, WHY DON'T WE JUST TRY IT OUT FOR A YEAR AND WE CAN JUST HAVE THE VOLUNTEERS DO IT? AND I WAS LIKE, OKAY, THAT WOULD GIVE A KYLE THE CITY OF KYLE ENOUGH TIME TO FIGURE OUT ITS PLAN AND BUDGET AND, AND BE RESPONSIBLE MOVING FORWARD INSTEAD OF JUST ASSUMING A RESPONSIBILITY WHERE WE HAVE NO IDEA WHAT WE'RE GOING TO, ESPECIALLY WITH THE AGS OPINION. SO I WOULD SAY FOR LIKE A YEAR PENDING, UM, YOU KNOW, CL CLARIFICATION AND INFORMATION THAT WE RECEIVE, THAT WOULD BE MY REQUEST. I, I REALLY LIKE YOUR IDEA OF SCRATCHING THAT THE CITY OF KYLE ALLOW LOCAL VOLUNTEERS AND GOES ON, COME HERE. ALL RIGHT, SO A FAVOR OF THAT. I, I THINK LOGISTICALLY THERE'S SOME CHALLENGES WITH THAT. NUM NUMBER ONE IS THAT ANIMAL CONTROL IS WHO PEOPLE CALL WHEN THEY'RE CATS. SO, UH, ARE WE TRYING TO SAY, AND WE DON'T WANT ANIMAL CONTROL TO BE IN THE CAT CONTROL BUSINESS ANYMORE BECAUSE THAT IS THEIR PRIME DIRECTIVE. YEAH. THEY'RE ALREADY DOING ANIMAL POPULATION, SO THEY'RE ALREADY TRAPPING CATS. RIGHT. BUT THEY'RE NOT RETRAINING. THERE'S ALREADY COST. THERE'S ALREADY COSTS. HANG ON, [01:50:01] JUST LET ME GET MY THOUGHT. UM, FLESHED OUT. THERE'S ALREADY COSTS ASSOCIATED WITH TRAPPING AND TAKING, UH, CATS TO THE SHELTER. WHAT THERE'S NOT IS THE ABILITY TO RELIEVE ANIMAL CONTROLS BURDEN BY ALLOWING FOR VOLUNTEERS TO PARTICIPATE IN THIS PROGRAM WITH THEM BECAUSE THERE'S NO, UH, NO ABILITY TO DO THAT BECAUSE OF THE LIABILITY. SO THE, THE WAY I SEE THIS IN, AND I'VE LOOKED AT IT EVERY WHICH WAY, UH, IT'S HARD FOR ME TO UNDERSTAND HOW THIS IS A COST INCREASE, BUT RATHER IS A COST DECREASE? IS THERE COORDINATION THAT IS REQUIRED? YES. BUT YOU'RE GOING FROM THE ONE PERSON WHO TAKES ALL THE CALLS AND GOES TO ALL THE CATS, UH, WHICH IS THE JOB. YOU MUST DO THAT FOR ANIMAL CONTROL TO A QUARTERBACK POSITION THAT USES A VOLUNTEER NETWORK TO TAKE CARE OF A LARGER POPULATION OF CATS, UH, AND BRING AND BRING THOSE CATS TO THE SHELTER AND BACK. SO, AND THEN, UH, ADDITIONALLY IN, IN REGARDS TO COSTS AND STAFFING, YOU KNOW, THE, THE THING THAT HAS HAPPENED TREMENDOUSLY OVER THE LAST SEVERAL YEARS IS THE CITY OF KYLE HAS BEEN PLACING A STAFFING BURDEN, UH, AND A LOGISTICS BURDEN ON THE SAN MARCOS, UH, REGIONAL ANIMAL SHELTER BY SENDING ALL OF THESE ANIMALS THERE. AND IN CATS IN PARTICULAR, WE'RE DOING IT, UH, MUCH MORE SO THAN ANY OTHER JURISDICTION. THERE IS A COST ASSOCIATED WITH THAT BECAUSE WE PAY THE BUDGET AND OUR PRO RAT SHARE, UH, TO THE SAN MARCOS REGIONAL ANIMAL SHELTER. AND THAT COST HAS GONE UP BY HUNDREDS AND HUNDREDS OF THOUSANDS OF DOLLARS IN THE LAST FIVE YEARS. SO WHAT I'M TRYING TO SAY IS, LET'S IMPLEMENT THIS PROGRAM, AND I AGREE, LET'S BRING IT BACK IN A YEAR. BUT YOU CAN'T DECOUPLE ANIMAL CONTROL FROM THE TRAP NEW TO RETURN PROGRAM BECAUSE THEY HAVE TO COORDINATE TOGETHER. IT HAS TO BE A PARTNERSHIP. MM-HMM. , HOW DO WE, SO HOW DO WE KNOW WHAT THAT LOOKS LIKE? WHAT, HOW DID, HOW DID ANIMAL CONTROL FUNCTION BEFORE WE BROUGHT THIS UP? HOW MANY ANIMALS WERE WE TAKING BEFORE? WHAT WAS THE COST BEFORE? IT'S ALL OF THAT IS FEEDBACK AND INFORMATION THAT WE DON'T FOLLOW ON A REGULAR BASIS. AND I KNOW THERE IS A DESIRE NOW TO START, MAYBE CUZ YOU WANT TO KNOW HOW THE PROGRAM IS GOING TO BE IMPACTED, BUT PROBABLY THE BEST PERSON TO, THE BEST GROUP TO GIVE US THAT INFORMATION IS THE ANIMAL SHELTER, NOT OUR ANIMAL CONTROL, WHICH JUST REPRESENTS A PORTION OF OUR OVERALL COST OF ACTUALLY CARING FOR THE GROWING POPULATION OF ANIMALS IN THE CITY. SO I THINK PERSONALLY WE SHOULD PASS IT AS IT'S, UH, AS IT'S BEEN PROPOSED, UH, AND ANYONE IN A YEAR THAT WANTS TO BRING IT BACK, IF IT'S NOT WORKING, UM, UH, THAT'S CERTAINLY GONNA BE AT THE DISCRETION OF, UH, ANY, ANYONE WHO WANTS ON THE COUNCIL WHO WANTS TO PROPOSE IT. UH, AND THEN FURTHERMORE, IT'S BRINGING US IN ALIGNMENT WITH ALL OF THEIR OTHER CUSTOMERS, BUT IT'S NOT OVERLAPPING. THE COUNTY, COUNTY DOESN'T, UH, EXERCISE ANIMAL CONTROL JURISDICTION IN THE CITY OF KYLE. AND THE CITY OF KYLE DOESN'T DO ANIMAL CONTROL OUTSIDE THE CITY. SO THEY DON'T, THEY DON'T OVERLAP FROM A COST STANDPOINT, BUT FRANKLY THE COUNTY'S DOING IT FOR CHEAPER IF THEY'RE DOING TRAP NEW TO RETURN. AND WE'RE NOT BECAUSE WE'RE SENDING SO MANY TO THE SHELTER AND THEY DON'T COME BACK, WHICH JUST EXACERBATES THE PROBLEM AS FAR AS I CAN TELL. SO, UM, CUSTOMER HEISER. THANK YOU. UH, SHERRY. SHERRY, UH, LAST WEEK SOMEONE SAID THAT IT COST $2 IN SOME CENTS A DAY FOR THE SHELTER, THE COUNTY SHELTER TO, UH, TO HOLD A CAT. DO YOU RECALL THAT WAS WHAT THE APPROXIMATE COST WAS? THERE WAS A CALCULATION THAT WAS $2 AND 50 CENTS. OKAY. SO JUST, IS IT ACCURATE TO SAY THAT IF WE WERE TO BE RETURNING THE CATS AFTER THEY WERE BROUGHT TO ANIMAL CON, ANIMAL CON, OR AFTER ANIMAL CONTROL OR VOLUNTEERS BRINGS THEM TO THE SHELTER, THAT THE AMOUNT OF TIME THEY'D BE SPENDING IN THE SHELTER WOULD BE SIGNIFICANTLY LESS THAN AS IT CURRENTLY IS NOW? IT'S JUST LIKE BOARDING YOUR PET. I MEAN, THERE'S A SIGNIFICANT COST TO HAVING THE SHELTER AND HAVING THE FACILITIES AND STAFF. SO THE CITY OF SAN MARCOS WOULD HAVE TO NEGOTIATE ANY KIND OF REBATE IF, IF YOU WERE TRYING TO LOOK FOR SOME COST SAVINGS. BUT INDEED, THERE'S AN ENORMOUS SAVINGS. I MEAN, IF YOU WERE LOOKING AT THE DOGS RIGHT NOW, SOME OF THEM HAVE BEEN THERE 13, 14 MONTHS. SO OBVIOUSLY IF YOU WERE TO BOARD YOUR PET, THAT'S GONNA BE THOUSANDS OF DOLLARS. THERE'S, THERE ARE NO CALCULATIONS THAT I CAN SPEAK TO THAT ARE PUBLISHED FOR THE COST THAT WAS SUPPOSED TO BE PRESENTED TONIGHT. AND, UM, I WAS BASING THAT $2 AND 50 CENTS ON SOMETHING THAT THE ANIMAL SHELTER TOLD ME, WHICH WAS A VERY ROUGH TAKING THE BUDGET OF 1.3 MILLION DIVIDING IT BY THE NUMBER OF ANIMALS. UM, IF YOU GO ON A DAY-TO-DAY BASIS. SO THAT DOESN'T ACCOUNT FOR ALL THE CAPITAL OUTLAYS AND IT DOESN'T ACCOUNT FOR, UM, THE NEED TO REFURBISH THE FACILITY, BASICALLY REPLACE THE FACILITY SOON. BUT INDEED, THE ANSWER TO YOUR QUESTION, YES. SO JUST TO COST SAVINGS, JUST TO CONFIRM, WE'D BE PAYING LESS MONEY. I CAN'T SPEAK FOR THE CITY OF SAN MARCOS, [01:55:01] BUT THE CITY OF SAN MARCOS WOULD HAVE LESS OF A BURDEN, ESPECIALLY COMING UP INTO THE KITTEN SEASON, WHICH IN TEXAS IS GETTING LONGER AND LONGER. OKAY. ONE MORE QUESTION. IS THERE, UH, THIS IS GONNA SOUND SILLY, BUT IF WE'RE TALKING ABOUT COSTS OF POSSIBLY STARTING THIS PROGRAM, WHETHER IT'S, UM, FOR A LONG TIME OR FOR A YEAR, IS THERE ANYTHING THAT YOU CAN FORESEE THAT WE WOULD HAVE TO PAY IN ORDER AS LIKE A DOWN PAYMENT TO GET STARTED ON THIS PROGRAM? AND WHAT, WHAT COULD THAT LOOK LIKE? A, A PROACTIVE APPROACH TO THIS, WHICH WE WERE ALLUDING TO WHEN, UM, THE KYLE, EXCUSE ME, I'M SORRY, WHEN THE PAUSE PEOPLE WERE TALKING ABOUT WHAT KYLE COULD DO WOULD BE TO OFFER YOUR CONSTITUENTS, UM, BASICALLY IT WOULD BE LIKE A VOUCHER PROGRAM FOR THESE COMMUNITY CATS, BUT IT WOULD MOSTLY BE DONE EITHER AT THE SHELTER OR THROUGH PALS. AND SO FOR THE COST OF SAY, $85 A CAT, THAT WAS WHAT MICHELLE SAID. MICHELLE DONNELLY IS AN OFFICER AT THE BOARD. UM, SO FOR THE SAME 200 CATS, YOU'RE TALKING ABOUT $17,000. THAT'S NOT VERY MUCH MONEY, REALLY. AND THAT'S GONNA MEAN AWARENESS, EDUCATION, A LOT OF VOLUNTEER PARTICIPATION AND, AND POTENTIALLY EVEN GRANTS. ONE LAST ONE. WHAT IS YOUR LEVEL OF CONFIDENCE THAT BETWEEN ALL THE ORGANIZATIONS THAT WERE REPRESENTED HERE TONIGHT, THAT, THAT THEY ALL COULD COLLABORATE TO HELP US EXECUTE THIS PROGRAM SUCCESSFULLY? WE LOVE EACH OTHER. WE DO IT ALL DAY LONG. . YEAH. ANY, THEY'RE ALL TEXTING. THEY'RE ALL TEXTING. TEXTING. OKAY. AND SOME OF THEM THAT WEREN'T HERE TONIGHT, BECAUSE THEY'RE DRIVE, ONE OF THEM'S DRIVING A PUPPY SOMEWHERE. UM, MY LEVEL OF CONFIDENCE IS 100%, SIR. THANK YOU. QUICK QUESTION. WHERE IS THIS MONEY GONNA COME FROM? WELL, THERE IS NO MONEY. THERE'S A PROPOSAL FOR A PLAN TO GO ABOVE AND BEYOND IS, IS WHAT SHE'S REFERENCING, BUT WE'RE NOT SPENDING THAT MONEY NOW. OKAY. BUT WHENEVER WE START, WILL THIS COME FROM LIKE, ARE WE GONNA JUST HAVE A SEPARATE BUDGET FOR THIS? THERE'S NO MONEY, THERE'S NO BUDGET. SO WE'RE NOT PAYING FOR VACCINES AND WE'RE NOT PAYING FOR THE NEUTERING AND WE'RE NOT PAYING FOR ANY OF THAT. THE SHELTER DOES THAT WHEN THE ANIMAL CONTROL OFFICERS BRING IT IN, IN THE ANIMALS. NOW, THAT'S PART OF WHAT THEY'RE TOLD. OKAY. IS I WASN'T PRESENT AWARE OF THAT. OKAY. SO CITY VOLUNTEERS PAY FOR ANY RETURN. THE CITY ALREADY PAYS FOR IT. I, I, LOOK, I UNDERSTAND THAT THEY ALREADY PAID. THERE'S NO ADDITIONAL, TOTALLY GET IT. WHEN I SPOKE WITH JERRY EARLIER, I THOUGHT THERE WAS GONNA BE AN ADDITIONAL FEE FOR THIS. UM, I CAN'T IMAGINE THEY'RE GOING TO TRAP NEUTER IN THE RELEASE AND THEN THE CITY'S NOT GONNA PAY ANYTHING ABOVE AND BEYOND WHAT WE'RE CURRENTLY PAYING. THAT DOESN'T MAKE SENSE TO ME. ALSO, IS THIS ART, IS THERE A WAY THAT WE CAN GET, KEEP THAT MONEY IN KYLE AND HAVE LIKE A LOCAL VET FIX THEM AND WE DON'T HAVE TO DRIVE 'EM BACK AND FORTH TO SAN MARCOS? IS THAT AN OPTION FOR US AS WELL? THAT WAY WE'RE KEEPING THAT $17,000. IT'S ALL OPTIONS ARE ON TABLE. BUT IN RESPONSE TO YOUR QUESTION ABOUT WHERE THE MONEY WILL COME FROM, WE'RE ALREADY SPENDING MONEY, LIKE IT'S BEEN ALREADY SAID ON TAKING CATS TO AND FROM THE ANIMAL SHELTER. OUR BUDGET THIS YEAR FOR ANIMAL SHELTER COST IS JUST UNDER $300,000. AND THAT'S WHERE ANY COST FOR THIS WOULD BE TAKEN FROM. AND THE SAME ACCOUNT THAT WHAT WE'RE DOING NOW WITH CATS AND DOGS WOULD BE TAKEN FROM. SO WE FEEL THERE'S AMPLE MONEY IN THAT ACCOUNT TO COVER ANYTHING THAT WOULD BE OVER, ASSUMING THERE IS ANYTHING. OKAY. SO LET'S TRY TO THINK OF THIS. IF WE TRAP NEUTER RELEASE RETURN, I'M SORRY, IN THE CITY OF KYLE, AND DON'T TAKE IT TO SAN MARCUS THAT WAY, OUR VETS DO IT HERE. THE MONEY STAYS HERE. OUR STAFF ISN'T GOING ALL THE WAY TO SAN MARCOS. AND THEN THE VOLUN, UH, WE DON'T EVEN NEED REALLY VOLUNTEERS. THEN WE COULD HAVE THE STAFF COME BACK AND FORTH WITHIN THE CITY, THEN WE'RE NOT GONNA HAVE TO WORRY ABOUT, WELL, WE USED TO HAVE PAUSE WAS, UH, WAS OUR SHELTER THAT WE USED, UH, FOR THIS PROGRAM, BUT THE CITY OF KYLE GREW SO MUCH THAT WE ABSOLUTELY OVERWHELMED, UH, PAUL AND HAD TO GO TO THE REGIONAL SHELTER APPROACH. SO I DON'T KNOW IF A LOCAL VET, THEY ACTUALLY HAVE A VET THAT'S THERE ON STAFF. SO THERE'S, THAT'S IF YOU DO IT LOCALLY, THEY'RE GONNA CHARGE. BUT THIS IS, UH, WE JUST HAVE TO VETS ON STAFF. THERE'S CITY OF KYLE VET, COMMERCIAL VET, BUT THAT'S KEEPING CATS OUT OF THE SAN MARCO REGIONAL CENTER ALTOGETHER, UNLESS THEY'RE SICK. I MEAN, THAT WOULD BE A, I WOULD, I WOULD THINK IT'S A BIGGER RELIEF TO TAKE THOSE CATS AND LEAVE THEM HERE, TAKE 'EM TO THE VETS HERE, MAYBE TRYING TO FIND A VET WITHIN OUR COMMUNITY OR FIVE THAT'S WILLING TO DO THE, THE SPADE AND NEUTER AND THEN HAVING THEM RELEASE BACK, YOU KNOW, DOING IT ALL WITHIN THE CITY OF KYLE INSTEAD OF GOING BACK AND FORTH TO SAN MARCUS. JUST THINKING THAT THROUGH. THERE'S ALSO A, A QUESTION OF THEY COULD HANDLE THE VOLUME OF CATS THAT WOULD BE BRINGING THEM AND HOW THAT WOULD, UM, GET INTO THEIR, THEIR [02:00:01] WORKFLOW WITH CATS THEY'RE ALREADY RECEIVING FROM REGULAR RESIDENTS AND PATIENTS. WE CAN CERTAINLY LOOK AT IT IF THAT'S RIGHT. YEAH. I GUESS MY CONCERN WOULD BE IF THERE WAS ONE PERSON DOING IT, OR IF THERE WAS AN ALLOCATED GROUP OVER AT SAN MARCUS, WHY COULDN'T WE KEEP THAT MONEY HERE IN KYLE, AN ALLOCATED GROUP HERE? I WOULD THINK THEY WOULD BE OVERWHELMED EITHER WAY. IT'S GONNA BE, INITIALLY IT'S GONNA BE A LOT OF WORK BECAUSE THERE'S GONNA BE SO MANY CATS. SO WHETHER IT BE OVER THERE OR OVER HERE, THAT'S, I DON'T KNOW IF THAT MAKES A, A REAL DIFFERENCE. MAYBE WE PARTNER WITH EMANCIPATE AND, AND TRY TO FIGURE IT OUT THAT WAY. WELL, THAT WOULD BE, THE SHELTERS HAS, HAS THE BEST, SO ANY OTHER OPTION INCREASES COST. WHAT I'M SAYING IS WE'VE TAKING ALL THESE CATS OVER THERE NOW, THAT VET IS GOING TO BE EQUALLY BURNED OUT AS IT WOULD BE IF WE TOOK THEM TO FIVE VETS HERE. RIGHT. IT'S GONNA BE, A LOT OF, IT'S GONNA BE, IT'S GONNA BE A LOT. THAT'LL BE MUCH MORE DIFFICULT TO COORDINATE, TO TAKE AND THEN TO FIND. WE'RE, WE'RE GOING TO VETERINARIAN HERE. THEY DON'T HAVE TO AGREE TO PARTICIPATE IN ANY OF THIS. NO, THAT'S WHAT I'M SAYING. WE PARTNER WITH CERTAIN ONES FOR SURE. I MEAN, I, I FIND IT HARD TO BELIEVE THAT THE BOSS MAY BE HIGHER, YOU KNOW, WITH AN INDIVIDUAL VET HERE. YEAH, OKAY. WITHOUT THE NUMBERS. SO I JUST DON'T KNOW. I DON'T KNOW. I WE'VE NOT EVEN, THIS IS NOT SOMETHING WE'VE EVEN REACHED OUT AND, AND TRIED. AND I THOUGHT WHAT WE'RE DOING IS BRAINSTORMING TO FIGURE OUT WHAT IS IN THE BEST INTEREST OF NOT JUST OUR RESIDENTS, BUT ALSO FOR OUR STAFF. I THINK THE ORDINANCE GIVES SOME FLEXIBILITY ON PUTTING TOGETHER WHAT THE PROGRAM WOULD LOOK LIKE. IT'S JUST, SO ALL THESE QUESTIONS THAT ARE BEING ASKED WOULD BE DEVELOPED, UM, UNDER THE PARAMETERS OF THE ORDINANCE. SO SOME OF THE DETAILS THAT YOU'RE TALKING ABOUT, THEY'RE NOT SPELLED OUT NOW, BUT THEY CAN BE. AND THAT'S WHAT MAKES IT HARD FOR ME TO VOTE ON THIS, BECAUSE I DON'T KNOW ANY OF THIS. SO HOW, HOW ARE WE EXPECTED TO TAKE THIS VOTE IF WE DON'T HAVE ANY OF THIS INFORMATION? NOT, NOT PROCEDURE, NOT MONETARY. HOW AM I DOING JUSTICE FOR MY RESIDENTS THAT PAY, THAT WILL PAY THE TAXES ON THE, IN, ON THE INCREASE? HOW AM I DOING RIGHT BY THEM? ALL RIGHT. WELL, I, I THINK WE ALL HAVE OUR OPINIONS ABOUT WHETHER OR NOT WE'VE BEEN SUFFICIENTLY INFORMED ABOUT WHAT THIS SPECIFIC ACTION ITEM IS. UH, WITH THAT BEING SAID, I'D LIKE TO, UH, MAKE A MOTION TO APPROVE, UH, AGENDA ITEM NUMBER 25 WITH TWO AMENDMENTS. THE FIRST, UH, IS TO REPLACE ANY USE OF THE WORD TRAP NEUTER, RELEASE WITH TRAP, NEUTER, VACCINATE AND RELEASE RETURN. RETURN. AND COMMUNITY CATS TOO. SORRY. UH, AND THEN SECONDLY, WITH REGARDS TO THE, UH, UH, UH, PROPOSED, UH, STRIKING OF THE LANGUAGE OF FERRELL, UH, IN THE ORDINANCE. THAT'S, UH, AS SHERRY OUTLINED IN HER EMAIL TO COUNSEL AND STAFF ON, UH, AND LEGAL ON MONDAY, AND AS WELL AS FARRELL AND FREE ROAMING. UH, AND THEN THE OPINION PIECE ABOUT LOCAL SHELTERS DO NOT HAVE THE RESOURCES OR SPACE TO HANDLE THE CARE. UH, ALL THOSE, UH, AMENDMENTS THAT WERE PROPOSED. SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER, UH, MAYOR PRO, TIM TOBI. IS THERE DISCUSSION ON THE MOTION? YES. UH, MAYOR PRO TIMM. OKAY. BEEN TALKING BY THE, ABOUT THIS FOR TWO YEARS NOW. TWO YEARS I SPOKE. ALL RIGHT. I SEE A LOT OF THE PEOPLE THAT ARE HERE IN SUPPORT OF THIS SQUIRMING IN THE BACK. I NEED YOU TO UNDERSTAND SOMETHING. WE UNDERSTAND YOU, WE HEAR YOU. WE UNDERSTAND THE COMPASSION THAT YOU HAVE FOR THESE ANIMALS. OKAY? WE UNDERSTAND WE WANT THE, THE HUMANE WAY TO HANDLE THIS SITUATION. WE HEAR ALL OF YOU, YOU HAVE TO ALSO UNDERSTAND THAT WE ARE ALSO RESPONSIBLE FOR TAXPAYER DOLLARS. SOME OF Y'ALL MAY NOT LIVE IN THIS CITY, BUT THERE'S A LOT OF RESIDENTS THAT DO THAT. YES. AN OVERWHELMING AMOUNT OF EMAILS. I'VE GOT SUPPORT THIS, TOBIAS. IT'S THE RIGHT THING TO DO. I HEAR YOU. I'M NOT TRYING TO GRANDSTAND HERE, BUT I ALSO HAVE TO ANSWER TO THOSE WHO ARE SAYING LIKE, COUNCIL MEMBER FLORES KALE, HOW MUCH IS THIS GOING TO EVENTUALLY COST US? I'M HEARING, HEARING SO MANY NUMBERS HERE OF $85 TO $2 TO NOW 300,000. I DON'T KNOW YOU EVERY, I SEE A LOT OF PEOPLE SHAKING THEIR HEAD. I HEAR, I SEE A LOT OF PEOPLE SHAKING THEIR HEAD SAYING, OH MY GOD, IT'S RIDICULOUS. WHAT, WHAT ARE YOU TALKING ABOUT? IT'S BECAUSE WE DON'T KNOW. WE'VE NEVER BEEN PROPOSED THIS, LIKE I SAID, IF WE HAD NUMBERS, LIKE DOLLAR AMOUNTS [02:05:01] OF HOW MUCH THEY COST HERE AND THERE, IT WOULD HELP US ON THAT END. BUT AS YOU KNOW, I, I UNDERSTAND I'M SUPPORTING YOU ON THIS, BUT I JUST WANNA MAKE IT CLEAR THAT WE UNDERSTAND, WE HEAR YOU. WE WANT TO MAKE THIS RIGHT. WE WANNA MAKE THIS RIGHT, BUT WE DO NOT WANT TO GO IN THIS BLINDLY. WE HAVE TO HAVE SOME PARAMETERS SET UP. IF THE ORDINANCE IS CORRECT, NUMBER ONE, WE CAN THEN DEVELOP A PLAN. WE THEN CAN COME BACK WITH DOLLAR NUMBERS. SOMEBODY GET US NUMBERS, PLEASE. OKAY? AND THEN ALSO, ALSO WE CAN BE ABLE TO WORK WITH THE VOLUNTEERS THAT CONTINUOUSLY COME UP HERE AND SAID, I'LL DO IT. GREAT, GOOD. LET'S GET THEIR CONTACT INFORMATION. LET'S SET SOMETHING UP. LET'S PUT SOMETHING IN MOTION, RIGHT? BUT FOR EVERYBODY ELSE, WE HEAR YOU. WE UNDERSTAND. WE WANT TO RESOLVE THIS JUST AS MUCH. WE UNDERSTAND YOUR COMPASSION, WE UNDERSTAND YOUR LOVE FOR THESE ANIMALS. BUT I ALSO WANNA MAKE SURE THAT WE HAVE AN ORDINANCE IN PLACE FOR THESE CATS. CUZ IT WON'T BE LONG BEFORE YOU KNOW IT, THE WAY OUR CITY'S GROWING. WE'RE GONNA BE TALKING ABOUT STRAIGHT DOGS AND THEN WE'RE BACK IN THE SAME SPOT. SO I WANNA MAKE SURE THAT WE HAVE THE BASICS OF HOW THIS PROGRAM WORKS. I'M NEW AS WELL, SO I WANNA MAKE SURE THAT WE GET IT ALL CORRECTLY HOW THE COUNTY WORKS. IF WE ARE DOUBLE DIPPING WITH MONEY, LET'S CLARIFY ALL OF THAT. LET'S MAKE SURE THAT WE'RE NOT DOING THAT. CUZ AGAIN, A LOT OF US DON'T KNOW IF WE ARE OR NOT. IF WE HAVE IT SOUND TO WHERE WE HAVE THE ACTUAL DOCUMENTATION WRITTEN DOWN, THIS IS HOW MUCH IT'S COST FOR THIS, THIS IS HOW MUCH IT WOULD COST FOR THERE. AND IF WE HAVE A NUMBER OF VOLUNTEERS THAT DO THIS, AND THIS IS THEIR HOURS, THESE ARE THEIR DAYS, THEY ARE LIST, THEY'RE LOCATED IN SAN MARCOS OR WE HAVE HIGH SCHOOL STUDENTS, COLLEGE KIDS, DOESN'T MATTER. BUT WE HEAR YOU. I'M LETTING YOU KNOW THAT WE HEAR YOU. WE ARE TRYING TO WORK THIS OUT FOR THE BETTER OF OUR CITY. WE UNDERSTAND. THANK YOU CUSTOMER. HE, I JUST, ONE MORE TIME, I WANT TO GO AT THIS COST, UH, ISSUE. IF WE WERE TO LIKE TAKE THE STARTER PACK OF THIS OPTION HERE, WHAT WOULD IT COST US TOMORROW TO START THIS PROGRAM? NOT, NOT LIKE THE SUPERSIZE, LIKE WE REALLY WANT TO KILL THIS FROM DAY ONE, BUT LIKE, HEY, WE WANT TO DIP OUR TOE IN THE WATER, TOES IN THE WATER TO TRY TO FIGURE OUT IS THIS A VIABLE SOLUTION FOR US? SO, I'M SORRY, MICHELLE DONNELLEY AGAIN. UM, UH, ON PAL'S TNR COORDINATOR, UM, I HAVE THE NUMBERS. I CAN ANSWER ALL OF THOSE QUESTIONS. PALS HAS BEEN DOING THIS SINCE 1990, SO THAT'S 30 GOING ON 33 YEARS. SO WE'VE HAD A CLINIC SINCE 2010, SO I KNOW HOW MUCH, UM, I MEAN IT CHANGES A LITTLE BIT. AND WE EVEN TALKED ABOUT ROADS EARLIER WITH C O V I D AND THE COSTS OF THINGS. SO, UM, IT'S GOING UP A TINY BIT EVERY YEAR, BUT WE'RE HAVING MORE AND MORE CLINICS AND THAT'S AVAILABLE TO YOU. SO REGARDLESS OF KYLE HAYES COUNTY AND CITIZENS OF HAYES COUNTY HAVE BEEN COMING TO PALS AND HAVE FIXED OVER 2000 CATS IN THE LAST YEAR. AND WE HAVE THAT PROGRAM. SO WHETHER WE HAVE SUPPORT FROM, WE DO HAVE SUPPORT FROM THE COUNTY, BUT WHETHER WE HAVE THAT OR NOT, WE GET OUR GRANT MONEY, WE GET OUR DONATIONS, AND WE GET THESE CATS FIXED. SO IF, YOU KNOW, YOU'RE TALKING ABOUT, UM, HE WAS TALKING ABOUT JUST LET'S PASS THIS SO THAT WE CAN DECRIMINALIZE OR ALLOW PEOPLE TO DO THIS IF THEY WANT TO. PEOPLE HAVE BEEN DOING IT. THEY FIND THE MONEY, THEY GATHER ALL THEIR NEIGHBORS, EVERYONE PITCHES IN $5 OR WHATEVER THIS IS PAID FOR. THIS IS COVERED. PALS DOES THIS EVERY SINGLE, WE'VE, WE'VE GOT LIKE 10 TO 12 CLINICS A MONTH NOW. SO WE'RE HOLDING THREE TO FOUR CLINIC, THREE CLINICS A WEEK, AND IT'S THERE. AND IT'S NOT THAT FAR TO TRAVEL TO SAN MARCOS. AND I UNDERSTAND COMPLETELY THE WANTING TO KEEP THE MONEY IN KYLE. UM, WE HAVE TRIED, WE SHERRY, WE HAVE POUNDED THE STREETS ASKING VETS TO HELP US. AND I'M TELLING YOU THEY DON'T WANT TO. AND AFTER COVID, IT GOT EVEN WORSE. AND EVEN OUR VETS THAT HAVE ALWAYS WORKED WITH US ARE NOW, OKAY, WE'LL DO IT FOR $95 A CAT. I MEAN, THAT'S LIKE THE CHEAPEST ONE NOW IN SAN MARCUS BY HIRING OUR OWN VETS. AND WE GET VETS TO VOLUNTEER. THEY, THEY DON'T VOLUNTEER [02:10:01] COMPLETELY, BUT WE PAY THEM A SMALLER AMOUNT BECAUSE THEY WANNA HELP US. THEY DO IT ON THEIR DAYS OFF. UM, OF COURSE THE SHELTER HAS A VET, BUT PALS HAS SEVERAL VETS THAT ROTATE OUT ON OUR CLINICS AND IT ALLOWS US TO KEEP THAT COST DOWN FOR OUR CITIZENS OF THE COUNTY. OKAY? IT IS PALS OF CENTRAL TEXAS. WE FOCUS ON HAYES COUNTY, UM, THAT IS THERE. AND IT WOULD BE AMAZING IF WE COULD FIND SOME VETS AND KYLE THAT WANTED TO HELP WITH THIS AND KEEP IT HERE. BUT SO FAR WE HAVE NOT HAD ANY LUCK WITH THAT. AND THAT TAKES A LOT OF EFFORT. AND WE'VE BEEN TRYING FOR THE LAST, YOU KNOW, 15 YEARS TO GET THAT. UM, NOT SAYING IT CAN'T HAPPEN, BUT THAT'S SOMETHING TO CONSIDER. SO BY USING, AND I DID ACTUALLY, AND I'M SORRY BRIANNA COULDN'T BE HERE TONIGHT, BUT I DID TALK TO CHRISTIE FROM THE ANIMAL SHELTER LAST WEEK ABOUT THE MONEY AND ABOUT WHAT, UH, KYLE PAYS INTO THE ANIMAL SHELTER. SO RIGHT NOW, YOU CURRENTLY TAKE THE ANIMALS THERE AND THEY ARE KEPT UNTIL THEY'RE ADOPTED. SO THEY'RE FIXED AND KEPT. AND REGARDLESS OF THE DAILY FEE, IF WE WANNA SAY IT'S TWO 50 AN ANIMAL, IF THE ANIMAL IS KEPT THERE, LET'S SAY FOR 60 DAYS, YOU'RE TALKING ABOUT 120 TO $150 PER ANIMAL. AND THAT IS BILLED AT THE END OF THE YEAR. THEY TAKE ALL OF YOUR INTAKE AND THEY, UM, SIT DOWN AT THE END OF THE YEAR AND SAY, KYLE HAS GIVEN US THIS MANY THINGS AND THIS IS WHAT WE'RE GOING TO BILL THEM. AND AS THIS GENTLEMAN SAID, IT WAS ALMOST $300,000. SO IT'S A FACT THAT IF YOU HAVE FEWER CATS SITTING THERE FOR 60 DAYS, IF YOU TAKE THEM, GET THEM FIXED AND RETURN THEM, YOU WILL NOT HAVE THAT $120 BILL FOR THAT CAT AT THE END OF THE YEAR. IT WILL BE LIKE A $60 BILL. SO NOW OF COURSE, ALL THE ANIMALS YOU TAKE THERE ARE NOT TNR CATS. SO IT DOESN'T MEAN IT'S GONNA CUT YOUR $300,000 BILL IN HALF, BUT YOU KNOW, UM, I KNOW SHERRY HESITATES TO TO, TO COMMIT TO THIS, BUT I HAVE, I KNOW, UH, OR I FEEL THAT IT WILL SAVE YOU MONEY BECAUSE YOU'RE NOT LEAVING THOSE CATS FOR 60 DAYS. AND THAT'S JUST A FACT. THOSE CATS ARE NOT GONNA COST YOU AS MUCH MONEY, PERIOD. THEY WILL BE RETURNED AND, UM, IF THEY ARE SICK, THEY'RE NOT RETURNED. OKAY? IF IT'S, IF A CAT IS GOING TO SUFFER OR BRING ILLNESS TO A COLONY, IF I, IF WE KNOW THAT IT HAS SOMETHING THAT IS GOING TO SPREAD TO 20 OTHER CATS, WE'RE GOING TO KEEP IT ISOLATED, OKAY? WE'RE NOT GONNA RETURN IT TO THAT COLONY. BUT, UM, MOST CATS ARE HEALTHY AND IF THEY'RE SUPPORTED BY PEOPLE THAT ARE WILLING TO TRAP THEM AND BRING THEM TO US, THEY WILL STAY HEALTHIER. AND SO I'M NOT, I'M NOT TRYING TO CONVINCE YOU THAT YOU ARE TRYING TO DO GOOD FOR CATS. YES, I LIKE THAT. BUT I'M TRYING TO GIVE YOU SOME MONETARY FACTS AND SOME OPTIONS OF WHAT IS AVAILABLE. AND THAT IS ALL AVAILABLE TO YOU. AND SO IT SHOULD NOT, IF YOU WERE TO IMPLEMENT THIS TOMORROW, IT SHOULD NOT COST YOU A DIME. I UNDERSTAND THAT YOU WOULD WANT YOUR ANIMAL CONTROL TO HAVE SOME PART OF IT, BUT THEY'RE ALREADY GATHERING UP THESE CATS AND THEY KNOW WHERE THEIR NEIGHBORHOODS ARE. AND SO WE'VE GOT THESE VOLUNTEERS THAT CAN GO INTO THESE NEIGHBORHOODS AND THEY'RE WILLING TO DO IT. THEY'RE JUST WAITING FOR YOU GUYS TO SAY IT'S OKAY. AND SO, WELL, WELL, ON THAT NOTE, IF THERE IS NO OBJECTIONS, I'M GONNA CALL FOR THE VOTE. YES, THANK YOU. READY TO VOTE? NO, IT'S A POLICY. SO THE ORDINANCE DOESN'T, DOESN'T EX EXPIRE. IT GOES FORWARD, BUT WE CAN CHANGE IT AT ANY GIVEN POINT IN TIME. OKAY? OKAY. CAUSE THERE WAS SOME TALK BEFORE ABOUT TRYING THIS FOR HERE. I JUST WANNA MAKE SURE WE'RE CLEAR ON ALL REGARDING OF YEP. WELL, I DID HAVE A QUESTION FOR LEGAL. ALL RIGHT, GO AHEAD. UM, SO WHAT WILL HAPPEN IF THE AGS OPINION COMES BACK AND IT SAYS THAT T AND R IS ILLEGAL? SO THE, IF, UH, I DON'T HAVE THE, I NEED TO PULL THE OPINION UP. UM, AS I UNDERSTAND IT, THE QUESTION IS WHETHER THE RELEASE COULD BE CONSTITUTED AN ANIMAL ABANDONMENT OR CRUELTY TO ANIMALS AND IT COULD BE PROSECUTED. AND SO THEN WHAT THAT DOES IS IT, UH, PUTS AT RISK THE PEOPLE THAT ARE PARTICIPATING IN THE PROGRAM, UM, WHO ARE TRAPPING AND THEN RETURNING, UH, THAT THE ACT OF RETURNING BEING ABANDONMENT THAT WOULD PUT, THAT WOULD POTENTIALLY CRIMINALIZE THAT BEHAVIOR, THAT IT WOULD DEPEND ON LAW ENFORCEMENT TO THEN ENFORCE THAT ORDINANCE AND, UH, THE PROPER PROSECUTOR TO TAKE IT UP AND, AND PROSECUTE IT. AND SO, YOU KNOW, AS FAR AS THE, THE RISK ASSOCIATED WITH THE VOLUNTEERS WHO ARE PARTICIPATING [02:15:01] IN IT, AND IF THE, THE ANIMAL CONTROL IS PARTICIPATING IN IT AS WELL, THEN THAT PUTS RISK ON THOSE INDIVIDUALS TO BEING PROSECUTED FOR THE, THE PROGRAM. AND SO IF THE AGS OPINION COMES DOWN IN THAT WAY, THEN THE CITY COUNCIL SHOULD TAKE UP THE ORDINANCE AND CONSIDER WHETHER THAT SHOULD CONTINUE OR NOT, AND LOOK AT HOW THE CITY'S OWN PERSONNEL ARE PARTICIPATING IN THAT AND DETERMINE WHETHER YOU JUST NEED TO DISCONTINUE IT, GIVEN THE AGS OPINION. AND IT, IT'S, IT'S A LEGAL OPINION. UM, IT'S NOT A STATUTE, IT'S NOT A LAW. IT'S STILL SUBJECT TO THE DISCRETION OF LAW ENFORCEMENT PROSECUTORS TO ENFORCE IT. SO YOU'RE, YOU SAID, IF YOU KNOW THE PEOPLE WHO ARE DOING IT, IF THERE IT COULD BE ILLEGAL, THEN THERE COULD BE SOME CONSEQUENCES. BUT IF IT'S THE CITY THAT'S DOING IT, ARE THERE CONSEQUENCES TO THE CITY? SAY FOR EXAMPLE, IF A DA WANTED TO PROSECUTE, I CAN'T IMAGINE OURS WOULD, BUT I, I DON'T KNOW. I JUST WANNA MAKE SURE THAT WE DON'T HAVE A HUGE LIABILITY WITHIN THE CITY. WELL, I THINK YOU WOULD HAVE A CONVERSATION. I WOULD URGE THE CITY TO HAVE CONVERSATION WITH ITS OWN LAW ENFORCEMENT, OTHER LAW ENFORCEMENT THAT WOULD POTENTIALLY, UM, ENFORCE THAT ORDINANCE AS WELL AS I DON'T, I DON'T KNOW WHETHER IT'S A CLASSY MISDEMEANOR OR HIGHER LEVEL OFFENSE, IF IT'S A CLASSY MISDEMEANOR, IT'S YOUR MIN MUNICIPAL COURT PROSECUTOR. UH, OTHER THAN THAT IT'S GONNA BE THE DA COUNTY INDIVIDUALS THAT YOU WOULD SPEAK TO, TO SEE WHAT'S THEIR VIEW ON THIS. UM, ON THE OFFENSE AND HOW YOUR PROGRAM IS RUNNING, UH, YOU WOULD PROBABLY ADVI BE ADVISABLE TO PUT, MAYBE SUSPEND THE PROGRAM WHILE YOU REVIEW THOSE ISSUES. OKAY. THANK YOU. COUNCILOR HEISER, JUST TO DRAG THIS OUT A TEENY BIT LONGER, UM, JUDGE PIERRA, WOULD YOU MIND, UH, COULD I CALL YOU TO THE STAND? IF YOU COULD WEIGH IN ON THIS? WE'RE TALKING ABOUT THE LEGAL APPLICATION HERE. NO, MA'AM. I WILL NOT MAKE THIS MORE COMPLICATED. , I VALUE RUBEN BESET HAYES COUNTY JUDGE, I VALUE EVERYONE'S OPINION AND I'M SO LUCKY THAT I SEE EVERYONE'S VANTAGE POINT BECAUSE I SIT IN A CERTAIN CAPACITY OF A SIMILAR TYPE. I UNDERSTAND ALL THE PAINS AND ACHES AND CONCERNS, AND I AGREE WITH THE GENERALIZATION OF YOU'RE ALREADY PAYING. WE'LL USE THE NUMBER THAT YOUR CITY MANAGER SAID 300 GRAND. YOU'RE ALREADY PAYING 300 GRAND AS A GOING AMOUNT FOR WHAT YOU ARE CONSUMING OF THAT SHARED SPACE. AND SO ANIMAL CONTROL IS MOVING THROUGH THIS SPACE ALREADY. THE BENEFIT OF THIS PROGRAM IS ANIMAL CONTROL. THE COMMUNITY AND THE OVERCROWDED SHELTER GETS HELP RELEASING CAGES, ALLOWING MORE USE OF CAGES BY RETURNING CATS TO THE SPACES WHERE THEY WERE FOUND ON THE, THE COST SIDE, ALL THE DIFFERENT VARIABLES OF COSTS. YOU ARE GIVEN INFORMATION, I'M SORRY TO SAY I, I LOVE SHERRY WITH ALL MY HEART. BUT YOU WERE GIVEN INFORMATION THAT YOU DIDN'T NEED, IN MY OPINION. YOU WERE GIVEN INFORMATION THAT WAS MUDDYING THE WATERS. WHAT WILL IT COST TO DO THIS? WELL, WELL, YES, THERE ARE INFINITE AMOUNTS OF VARIABLES THAT YOU CAN BE GIVEN, BUT AT THE END OF THE DAY, YOU'RE ALREADY AS A CITY PAYING FOR A SERVICE. SO YOUR ORDINANCE BEING PASSED TODAY WOULD SIMPLY FALL WITHIN THAT EXPENSE AND YOU WOULD IN TURN, ACTUALLY SAVE MONEY BECAUSE THEY WOULDN'T BE CAMPING OUT FOR ALL THOSE DAYS WAITING TO BE ADOPTED AT THE SHELTER. AND INSTEAD, VOLUNTEERS WOULD BE RETURNING THEM TO THEIR PLACE WHERE THEY WERE PICKED UP BY YOUR ANIMAL CONTROL THAT IS CURRENTLY PICKING THEM UP. SO YOUR COST HAS A STRONG, STRONG, STRONG LIKELIHOOD OF COMING DOWN AS YOUR CONTRIBUTION TO THE HOTEL STAY, IF YOU WILL, AT THE SHELTER. AND SO YOU'RE ALREADY PAYING FOR THIS THING, YOU'RE GONNA GET VOLUNTEERS TO RETURN THEM. THAT'S A GREAT PLUS. AND IF I WILL SAY IT THIS WAY, IF THE OPINION, AND THANK YOU FOR POINTING THAT OUT LEGAL, IF THE OPINION IS THAT IT IS NO LONGER, UM, OKAY FOR RESIDENTS TO RETURN CATS THAT HAVE BEEN TREATED AND VACCINATED AND JUST OVERALL IMPROVED, IF, IF IT IS FOUND TO BE ILLEGAL MOVING FORWARD, I CAN ALMOST, OKAY. I CAN ALMOST PROMISE YOU THAT OUR DA WILL NOT COME AFTER A RESIDENT OR A CITY, ESPECIALLY BECAUSE WE PUSHED THIS POLICY AS A COUNTY ALREADY. AND IF THERE IS A MODIFICATION REQUIREMENT, WE WOULD DO IT AT THAT TIME. BUT THE MOST USEFUL THING IS TO KEEP THE NUMBERS PIECE IN THE UNDERSTANDING LANE THAT YOU'RE ALREADY PAYING AND THIS WOULD ACTUALLY DIMINISH YOUR EXPENSE. AND I THANK YOU ALL FOR HAVING THIS CONVERSATION, CUZ I KNOW YOU ALL CARE ABOUT YOUR RESIDENCE AND YOUR CONSTITUENTS AS MUCH AS THEY CARE ABOUT THEIR PETS. SO THIS IS EVERYONE CARING AND TRYING TO FIND THE BEST, MOST PEACEFUL ROUTE FORWARD. AND SO I THANK YOU FOR THAT. DID I ANSWER ANYTHING YOU HAD? THANK YOU. ANYONE ELSE? NO. OKAY. ROLL CALL. THANK YOU. [02:20:03] MITCHELL. YES. HI. YES. FLORES KALE. NAY BRADSHAW. AYE. TOBIAS AYE. AYE. PARSLEY? AYE. ZUNIGA? YES. ALL RIGHT. MOTION CARRIES. SIX TO ONE. UH, WE'RE GONNA TAKE A 10 MINUTE BREAK. WE'RE GONNA RE WE'LL RESTART AT 9 36. THANK YOU. THANK YOU. THANK YOU. TIME IS 9 34. UH, NEXT UP IS AGENDA ITEM [26.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately .99 acres of land from 'A' (Agriculture) to 'NC' (Neighborhood Commercial) for property located at 7755 Camino Real in Hays County, Texas. (Federico Barboza - Z-21-0080) ~ Will Atkinson, Director of Planning   Planning and Zoning Commission voted 5-1 to recommend approval of the request.   Public Hearing ] NUMBER 26. FIRST READING IN ORDINANCE AMENDING CHAPTER 53, ZONING OF THE CITY OF CAL, TEXAS FOR THE PURPOSE OF REZONING. APPROXIMATELY 0.99 ACRES OF LAND FROM AGRICULTURE TO NEIGHBORHOOD COMMERCIAL FOR PROPERTY LOCATED AT 77 55 CAMINO REAL IN HAYES COUNTY, TEXAS. UH, THIS ITEM HAS A PUBLIC HEARING. MR. ATKINSON, I MAY HAVE JUMPED HIM. I REALIZE HE'S NOT HERE. WILL, ARE YOU ON, ON THE LINE? I HAVE SOME QUESTIONS TOO. WE CAN COME BACK TO IT. THERE YOU ARE. GUYS, CAN WE GET RINGCENTRAL MUTE? ALL RIGHT. WILL, IF YOU WANT TO, UH, MR. ATKINSON, IF YOU WANNA PRESENT THE ITEM, THEN I'LL OPEN THE PUBLIC HEARING AND THEN WE'LL OPEN IT FOR QUESTIONS. YES, SIR. UH, WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD, LET ME GO AHEAD AND PULL UP THE FIRST, UH, PROPOSAL WE HAVE BEFORE Y'ALL. THIS IS, UH, A REQUEST TOONE APPROXIMATELY, UH, ONE ACRE FROM AGRICULTURE TO NEIGHBORHOOD COMMERCIAL, UH, JUST, UH, SOUTHWEST OF THE INTERSECTION OF EAST FM ONE 50 AND SH 21. IT'S ADJACENT TO A GAS STATION THAT'S EXISTING RIGHT NOW, AND THERE'S REALLY NOTHING ELSE AROUND IT AT THIS TIME. HERE'S A BULLET PICTURE, SINK SEAT A LITTLE BIT BETTER. THE AGRICULTURE DISTRICT ALLOWS FOR FARMING RANCHING PASTURE AS ONE MIGHT EXPECT IN AT LEAST ONE SINGLE FAMILY HOUSE PER ACRE OR PER PROTRACT. THE REQUESTED REZONING IS NEIGHBORHOOD COMMERCIAL AND, UH, THEY HAVE A MIX OF USES, UH, WITH A PRIMARY FOCUS ON RETAIL AND OFFICE AND WHAT HAVE YOU, BUT THEY'RE FAIRLY LIMITED IN THAT SCOPE. UH, YOU'RE NOT LOOKING AT ANY, UH, YOU'RE NOT LOOKING AT ANY, EXCUSE ME, ANY DRIVE-THROUGHS OR ANYTHING LIKE THAT, BUT IT'LL BE A SMALLER SCALE POINT OF SALE SERVICE OR OFFICE TYPE USE MOST LIKELY. SO FROM A LANDSCAPING PERSPECTIVE, UH, THE NEIGHBORHOOD, UH, COMMERCIAL ZONING DISTRICT HAS SOME MORE ROBUST LANDSCAPE CODE THAN OUR RE THAN OUR STANDARD ONE THAT WE HAVE FOR THE REST OF KYLE. UH, THEY ALSO HAVE TO HAVE PUT IN SIDEWALKS SCREENING OF STORAGE FACILITIES. UH, THEY HAVE TO HAVE, UH, A COURSE PARKING AS WELL AND DEFEN, UH, DETENTION FACILITIES. THEY NEED TO HAVE, UH, THEY NEED TO HAVE EARTH AND BERMS AND WHAT HAVE YOU. FROM A COMPREHENSIVE PLANT STANDPOINT, THIS IS IN THE FARM LANDSCAPE. AND THE FARM LANDSCAPE, UH, ALLOWS NEIGHBORHOOD CON NEIGHBORHOOD COMMERCIAL CONDITIONALLY. WHEN WE'RE TALKING ABOUT CONDITIONAL USES IN OUR, IN OUR LAND USE DISTRICT. UH, WE LOOK AT IT FROM A, UH, FROM A INFRASTRUCTURE STANDPOINT, FROM THE SURROUNDING, UH, TYPES OF USES THAT ARE ALREADY THERE AND WHAT HAVE YOU. AND ALSO FROM THE COMPREHENSIVE PLAN, UM, GIVEN THAT THIS FA THIS SITE IS ZONED, OR THE COMPREHENSIVE PLAN IS THE FARM LANDSCAPE. UM, AND THE DISCUSSIONS THAT WE HAD WITH THE APPLICANT, THEY COULD ACCOMPLISH THEIR GOALS WITHIN THE EXISTING COMPREHENSIVE PLAN. SO WE SAID, SURE, LET'S DO THAT. LET'S TAKE A LOOK AT THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. AND THEY WERE FINE WITH IT, AND THAT'S THE, THAT'S WHAT THEY CAME FORWARD WITH AS WELL. UH, WE DO BELIEVE THAT, UH, THE IDEA THAT THERE'S GONNA BE AN IMPROVEMENT TO THE PROPERTY FOR AD VALOR IMPOSSIBLE SALES TAX WILL HELP BENEFIT THE CITY. UM, WE BELIEVE THERE'S GONNA BE A SUFFICIENT AMOUNT OF TRAFFIC THAT'LL BE, UH, ABLE TO GET TO THE SITE FROM THE ADJACENT SH 21 AND ESF AND ONE 50 FROM A CUSTOMER TAX BASE OR FROM A CUSTOMER BASE AS WELL. UH, IF THE ZONING DOES GO THROUGH, UH, THE FOLLOWING ACTIONS WILL BE REQUIRED. THEY'LL HAVE TO DO A REPLANT TO FORM THE BOUNDARIES OF THE NEW ZONING DISTRICT ITSELF. THEY WILL HAVE TO DO A SITE DEVELOPMENT PERMIT WHERE WE TAKE A LOOK AT WHERE THE BUILDING GOES, THE PARKING, LANDSCAPING, DETENTION, ALL THAT KIND OF FUN STUFF. THEY WILL HAVE A CONDITIONAL USE PERMIT, WHICH IS FOR ARCHITECTURAL REVIEW AND APPROVAL BY THE PLANNING AND ZONING COMMISSION. AND THEN FOLLOWING THAT, THEY WILL HAVE A BUILDING PERMIT. UH, AND BECAUSE, UH, ALL THIS PUT TOGETHER, UM, MEETS OUR STANDARDS AND THE COMPREHENSIVE PLAN AND EVERYTHING ABOUT IT, WE'RE JUST, WE'RE VERY HAPPY TO BRING THIS FORWARD TO Y'ALL AND ASK FOR Y'ALL'S CONSIDERATION TO APPROVE THE PROJECT. ALL RIGHT. THANK YOU MR. A FOR ME. THANK YOU, MR. [02:25:01] ATKINSON. UH, THIS ADAM HAS A PUBLIC HEARING, SO IF THERE ARE NO OBJECTIONS, I'M GONNA OPEN THE PUBLIC HEARING NOW. SEEING NONE, THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT, SEEING NONE, I'M GONNA CLOSE THE PUBLIC HEARING. PUBLIC HEARING IS NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? MAYOR PROTE. OKAY. THANK YOU. I, I KNOW THIS AREA PRETTY WELL, SO I GOT THREE FOR YOU. UH, MR. ATKINSON, HAS THERE BEEN A DEVELOPER ALREADY IN MIND FOR THIS, UH, AREA? HAVE THEY BEEN APPROACHED LIKE ANY? UM, AS I UNDERSTAND IT, TYPE OF USE, WE'VE HAD CONVERSATIONS WITH SOMEONE WHO OWNS THE PROPERTY AND THEY WANT TO DEVELOP IT IN A COMMERCIAL MANNER THAT'S CONSISTENT WITH NEIGHBORHOOD COMMERCIAL BECAUSE THIS IS STRAIGHT ZONING. UM, BUT, AND THEY HAVE EXTREMELY LIMITED USES BECAUSE IT'S NEIGHBORHOOD COMMERCIAL. UM, WE HAVEN'T TALKED ABOUT SPECIFIC END USES YET. OKAY. AND PARKING, UH, WILL IT BE, WHAT KIND OF ADDITIONAL HANDICAP PARKING WOULD BE ZONED FOR THIS AREA? HOW MANY SPOTS DO YOU THINK? THERE WILL ALWAYS BE A MINIMUM OF ONE PARKING SPACE FOR HANDICAPPED, BUT THE HANDICAPPED SPACES ARE BASED ON A COMBINATION OF WHAT OUR CODE REQUIRES. OKAY. AND ALSO, UM, ANY OVERRIDING ASPECTS FROM THE STATE. SO THERE'S GOING, THERE WILL BE SUFFICIENT PARKING FOR HANDICAP. OKAY. THE LAST ONE WAS ALWAYS, UH, PLANNING ZONING VOTED FIVE TO ONE. WHAT WAS THE NO VOTE? THE REASON? THE NOTE THE, OH, YES SIR. YEAH, IT WAS FIVE FIVE TO ONE. JAMES HAD SOME CONCERNS THAT YES, SIR. UH, THAT THE NEIGHBORHOOD COMMERCIAL ONLY DISTRICT WASN'T INTENSE ENOUGH, UM, FOR, GIVEN THAT THIS IS A, A MAJOR INTERSECTION IN KYLE, THEY ACTUALLY THOUGHT THIS WAS AN UNDERPERFORMING, UH, ZONING DISTRICT. PART OF THE CONVERSATION HAD TO DO WITH LAST YEAR WHEN STAFF BROUGHT FORWARD THE POTENTIAL, UH, COMPREHENSIVE PLAN AMENDMENT TO MAKE THE AREA SOUTH OF THIS INTERSECTION, A REGIONAL NODE WITH THE LIGHT INDUSTRIAL AND WAREHOUSING BEHIND IT. UM, AND COUNCIL AT THAT TIME VOTED NO FOR THAT. AND BECAUSE WE'RE ALSO DOING A COMPREHENSIVE PLAN RIGHT NOW, WE DIDN'T WANNA ASK THE, UH, THE APPLICANT TO ALSO AMEND THE COMPREHENSIVE PLAN IN THE MIDDLE OF THE COMPREHENSIVE PLAN. IT WOULD, IT DIDN'T. SO WITH ALL THOSE ITEMS PUT TOGETHER, UM, WE, THE APPLICANT WAS GOOD WITH THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT THAT IT WAS, IT WAS MORE OF A LAMENT, IF YOU WILL. UM, BUT THEY WERE FINE IN THE END AS A BODY WITH THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. OKAY. UH, WITH THAT MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO, UM, APPROVE THE, UH, ITEM NUMBER 26, THE ORDINANCE SECOND MOTION BY MAYOR PRO, TIM TOBI, SECONDED BY COUNCIL MEMBER PARLEY. DO WE APPROVE AGENDA ITEM 26? IS THERE A DISCUSSION ON THE MOTION COUNCIL MEMBER ZUNIGA? YES. UH, HI, WILL. UM, SO I LISTENED TO THAT P AND Z MEETING AND, UH, THEY DID BRING UP SOME VALID POINTS ABOUT THEY DIDN'T BEL WELL THINK THE NEIGHBORHOOD COMMERCIAL WAS GOING FAR ENOUGH, MAYBE. AND, UH, I'M LOOKING AT THIS AND, YOU KNOW, IT'S NOT A NODE, BUT, UM, ISN'T DRIVE-THROUGH RESTAURANT ALSO APPROPRIATE? AND, AND YOU, YOU HAVE IT HERE AS WITHOUT DRIVE-THROUGH. SO BECAUSE THAT'S A RIGHT OFF OF HIGHWAY 21, IT'S A, IT'S ACTUALLY A, A PRETTY GOOD ENTRY INTO KYLE FROM THE LOCATION. CORRECT. IN A COUNCIL MEMBER IN SUNGA. UM, IN A, IN A TRADITIONAL, UM, AUTOCENTRIC SUBURBAN MODEL, WHEN YOU'RE AT A MAJOR INTERSECTION, TYPICALLY RETAIL OR OR ASSOCIATED BUSINESSES, THEY DO WANT, UH, A DRIVE-THROUGH MM-HMM. , BUT IN OUR CONVERSATION WITH THE, UH, THE APPLICANT HIMSELF, UM, WHAT THEY ARE WANTING TO DO TO DEVELOP THE SITE, THEY'RE, THEY DON'T NEED A DRIVE-THROUGH. AND SO THE NEIGHBORHOOD COMMERCIALS ON A DISTRICT WORKS WELL FOR THEM. SO IF THEY DECIDED TO PUT HOMES THERE, UH, WHICH I DON'T THINK THAT'S WHAT THEY WANT TO DO, BUT HOW MANY ARE ALLOWED THERE ON THAT ONE ACRE? RIGHT NOW, IN ITS CURRENT ZONING, YOU CAN HAVE ONE SINGLE FAMILY HOUSE THERE. IF THEY DO NEIGHBORHOOD COMMERCIAL, THEY CANNOT HAVE ANY SINGLE FAMILY HOUSES ON SITE. MM-HMM. , IT'S ONLY COMMERCIAL AND THEY'RE REQUESTING THE RE RESIGNING. IS NEIGHBORHOOD COMMERCIAL A STEP OVER RETAIL OR IS IT BELOW RETAIL OR, OR IS IT RETAIL ES ESSENTIALLY, ARE YOU ASKING IS IF IT'S BELOW RE THE RETAIL SERVICES ZONING DISTRICT? RIGHT. BECAUSE I MEAN, I'M KIND OF [02:30:01] LOOKING AT, WELL, WHAT IF THEY BUILD STORAGE UNITS OUT THERE SO THEY CAN, THEY CANNOT, THEY CANNOT HAVE ANY SELF-STORAGE FACILITIES OUT THERE. THE ZONING DOES NOT ALLOW THAT. THAT'S THE WAREHOUSE ZONING. THE, THE USES THAT ARE IN THE STAFF REPORT, AND HERE I CAN PULL 'EM UP FOR YOU REAL QUICK. ARE THE ONES THAT THEY'RE, THEY'RE, THEY'RE THE ONLY ONES THEY CAN DO. UH, LET ME SEE. AND IT WAS MY UNDERSTANDING I RIGHT. YEAH, GO AHEAD. UH, NOT BY RIGHT BY GO AHEAD. IT WAS MY UNDERSTANDING TOO, THEY'RE NOT GOING TO BE ON OUR SEWER SYSTEM. I MEAN, HOW DOES THIS FIT INTO CITY LIMIT, BUT IT'S NO, NO UTILITY PROVIDED BY THE CITY OUT THERE. CAN YOU, HOW DOES THAT WORK? YES, SIR. SO THERE'S, IN, IN ALL MUNICIPALITIES, THERE'S OVERLAPPING JURISDICTIONS FOR DIFFERENT REASONS AND WHAT HAVE YOU. UH, FOR EXAMPLE, OUT HERE, THIS IS COUNTY LINE. THE COUNTY LINE, S U D, UH, THEY ARE THE WATER PROVIDER, BUT BECAUSE THERE'S NO SEWER SERVICE OUT HERE, THERE'S NO WASTEWATER LINES. THIS SITE WILL BE ON SEPTIC AND THEY WILL HAVE TO GET A PERMIT FROM THE HAYES COUNTY DEVELOPMENT SERVICES THROUGH THEIR HEALTH DEPARTMENT THERE. SO THEY WILL HAVE, THEY'LL HAVE A SEPTIC FIELD THERE AND IT WILL HAVE TO MEET THE REQUIREMENTS FOR THE STATE OF TEXAS AND HAYES COUNTY FOR THEIR HEALTH AND ALL THAT. UM, AND THEN THE WATER PROVIDER WILL BE COUNTY LINE SUD MM-HMM. , BUT IT'S INSIDER CITY LIMITS. SO WE GET TO COLLECT THE TAX REVENUE FROM IT. AND WE ALSO MAKE SURE THAT THE BUILDING PERMITS AND THE DEVELOPMENT PERMITS ARE UP TO PAR AS WELL. AND, UH, SORRY, LAST QUESTION. SO WHAT IS THE SECOND FLOOR MULTI-FAMILY SHALL BE PERMITTED BY? RIGHT. WHAT IS, WHAT, WHAT OPTION DOES THAT MEAN FOR THEM IF THEY DECIDED THEY DON'T WANT TO DO THEIR COMMERCIAL PLAN? ARE WE LOOKING AT AN APARTMENT OUT THERE? SO THE NEIGHBORHOOD COM? YES, SIR. SO THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, IF IT DOES ALLOW FOR ON THE SECOND FLOOR ONLY THE, YOU CAN ONLY GO UP TO TWO STORIES IN THE NEIGHBORHOOD COMMERCIAL ZONING DISTRICT. UM, THE, YOU CAN HAVE, UH, YOU CAN HAVE AN APARTMENT ON THE SECOND FLOOR, BUT TO BE ABLE TO GET TO THE APARTMENT ON THE SECOND FLOOR, THEY HAVE TO, WITHOUT QUESTION, HAVE TO HAVE A COMMERCIAL GROUND FLOOR SPACE. THEY CAN'T HAVE ANY GROUND, GROUND FLOOR APARTMENTS AT ALL. THANK YOU. WILL CUSTOMER FLOOR SCALE. THANK YOU. YES, SIR. UM, SO THE REASON WHY I VOTED, UH, NO LAST YEAR WAS BECAUSE I DON'T WANT TO SEE ANYTHING EXCEPT FOR RETAIL OUT IN THIS AREA. UM, I THINK THERE'S A LOT OF THINGS THAT WE COULD USE THIS AREA FOR, ESPECIALLY SINCE IT'S OFF OF 21 AND ONE 50, WHICH MAKES IT PRETTY PRIME LOCATION. UM, MAYBE EVEN AS PRIME IS, YOU KNOW, 35. AND I SAY THAT BECAUSE I KNOW 21 IS SLOWLY BUT SURELY STARTING TO GET DEVELOPMENT. AND SO I'M REALLY HESITANT TO DO, UM, THE NEIGHBORHOOD COMMERCIAL JUST BECAUSE I FEEL LIKE WE CAN DO BETTER. UM, BUT WITH THAT SAID, I SEE THERE'S, IT'S LIKE IN THE, UM, OH, YOU BRIEFLY TOUCHED ON THE FACT THAT IT HAS TO HAVE CERTAIN, UM, STANDARDS, UH, THAT CAN MAYBE, LET ME SEE, SORRY. THE FARM LANDSCAPE, UM, IS RIGHT UNDERNEATH THAT. SO WHAT, WHAT DOES THIS HAVE IS, IS IT REQUIRED TO LOOK LIKE ANYTHING SINCE IT'S IN THAT AREA? THERE'S UM, UH, THIS IS PART OF THE EAST FM ONE 50 OVERLAY, SO THEY WILL HAVE TO COORDINATE WITH STAFF TO MAKE SURE WE BRING A PROJECT THAT IS A, THAT'S ONE THAT IS THE GOLD STANDARD AND IT WILL HAVE TO GO TO THE PLANNING AND ZONING COMMISSION FOR CONDITIONAL USE PERMIT, ULTIMATELY FOR APPROVAL. UH, THERE'S ALSO, UH, RECOMMENDATIONS IN THE NEIGHBORHOOD COMMERCIALS, ZONING DISTRICT FOR, UH, DESIGNS FOR LIKE THE FRONT OF THE STORE, KIND OF LIKE A, A TRADITIONAL, UH, SHOPFRONT AND WHAT HAVE YOU AS WELL. SO WE CAN PROVIDE SOME IDEAS AND SOME DIRECTION TO THEM AS WELL. AND WITH THAT, WE WANNA MAKE IT A GOOD PROJECT THAT MAKES THEM TO BE SUCCESSFUL. TWO OF US SUCCESSFUL. I WANT A GOOD PROJECT TOO. MM-HMM. AND I, I, I WAS READING ONLINE TODAY PEOPLE WANT RE RETAIL OVER THERE. UM, AND ALTHOUGH I, YOU KNOW, THERE'S SOME LAND THAT'S ALREADY BEEN RE THAT'S REZONED, UM, FAMILY OFF OF ONE 50. UM, I HEAR WHAT THEY'RE SAYING AS FAR AS THE OTHER PLACES, AND I JUST THINK THIS IS A PRIME LOCATION FOR RETAIL. AND SO I REALLY, UM, HATE TO, TO DOWNGRADE IT IN MY EYES IS WHAT WE'D BE DOING. BUT, UM, FOR ME, I'M JUST TRYING TO FIGURE OUT WHAT KIND OF ZONING, IF I MAY. ABSOLUTELY. GO AHEAD. UH, THEY, THEY CAN HAVE RETAIL THERE. THAT'S ONE OF THE THINGS. UM, THERE'S A MULTIPLE, MULTIPLE TYPES OF RETAIL YOU CAN HAVE IN THERE, BUT NO DRIVETHROUGH. [02:35:01] UM, I NEED A CHICK-FIL-A THERE, WE KNOW WE NEED TO GIVE THE, THE HISTORY ON THIS MM-HMM. . SO AS, AS MS. KINSON SAID, HE BROUGHT FORWARD A COMPREHENSIVE PLAN AMENDMENT MM-HMM. THAT HAD CREATED A REGIONAL NODE WHICH WOULD ALLOWED FOR RETAIL SERVICES TO BE APPLIED FOR. AND IN ADDITION, BEHIND THAT, THERE WAS AN INDUSTRIAL, UM, UH, PROPOSAL. SO THERE WAS, THERE WAS A, A WAREHOUSE ZONING AND THEN THERE WAS A, UH, RE REGIONAL NODE AND A RETAIL AND EVERYBODY GOT NERVOUS ABOUT THE WAREHOUSE. AND AT THAT TIME I TRIED VERY HARD TO GET US TO TAKE THE WAREHOUSE OUT AND A VOTE RETAIL SERVICES IN SO THAT RETAIL SERVICES COULD BE APPLIED FOR AS A REGIONAL NODE. AND THIS COUNCIL VOTED IT DOWN. SO THE REASON THAT RETAIL SERVICES IS NOT BEING PROPOSED RIGHT NOW IS BECAUSE THIS COUNCIL VOTED AGAINST AMENDING THE COMPREHENSIVE PLAN TO ALLOW FOR RETAIL SERVICES TO BE APPLIED FOR. SO IF THERE IS A DESIRE, AND EVEN AS MR. ATKINSON SAID, THIS APPLICATION IS COMING FORWARD WITH LAMENT, MEANING THAT THEY'RE APPLYING FOR A NEIGHBORHOOD COMMERCIAL ZONING AT A NEARLY SUPER REGIONAL NODE, WHICH IS CLEARLY, UH, A LESS INTENSE USE THAN WHAT IS APPROPRIATE FOR THAT AREA. SO IF THIS COUNCIL WISHES TO SEE RETAIL SERVICES DEVELOP, WE NEED TO AMEND OUR COMPREHENSIVE PLAN AND PUT THE RETAIL SERVICES AS AN ALLOWED USE BECAUSE IT'S NOT EVEN CONDITIONALLY APPROPRIATE BECAUSE OF THE OLD COMPREHENSIVE PLAN DIDN'T CONSIDER IT. AND SO IT'S A HUNDRED PERCENT I'M IN A HUNDRED PERCENT AGREEMENT. RETAIL SERVICES IS MORE APPROPRIATE. THE NEIGHBORHOOD COMMERCIAL AT THIS PARTICULAR INTERSECTION, THEY JUST ARE NOT EVEN ALLOWED TO PROPOSE IT TO US UNLESS WE AMEND THE COMPREHENSIVE PLAN, WHICH WAS PROPOSED AND VOTED DOWN AT THIS COUNCIL. NOT BY ALL COUNCIL. THERE'S A DIFFERENT COUNCIL, THIS COUNCIL DIFFERENT COUNCIL. I DON'T FEEL THAT'S NOT, I FEEL LIKE THERE WAS ADDITIONAL INFORMATION BEHIND CAN I MAKE A MOTION TO MAKE THAT AMENDMENT CUZ I KNOW P AND Z WANTED IT TO. WE CAN, IF THERE'S A, IF TO GO FOR METO, WANT TO SEPARATELY DIRECT STAFF TO BRING BACK A COMPREHENSIVE PLAN AND WITNESS UNDERSTANDING THAT THERE'S ANOTHER PROCESS THAT'S MOVING FORWARD, WHICH IS GOING TO MAKE ITS OWN RECOMMENDATIONS. BUT WHATEVER THE RECOMMENDATIONS OF THE NEW COMPREHENSIVE PLAN ARE GONNA BE, WITHOUT DOUBT, RETAIL SERVICES IS GONNA BE APPROPRIATE AT THIS INTERSECTION. SO WE'RE NOT, WE'RE NOT MESSING ANYTHING UP BY GOING AHEAD AND JUST PUTTING THIS, AMENDING OUR CURRENT COMP PLAN SO THAT, UH, RETAIL SERVICES CAN BE APPLIED FOR, I DON'T KNOW IF THE APPLICANT IS HERE BY ANY CHANCE. NOPE. OKAY. IF, IF I MAYOR PROTO, IF I CAN JUST, UH, ADD REAL QUICK. SO AGAIN, SOME OF THE PERMITTED USES COULD BE RETAIL ROUTE, RESTAURANT DRIVE-THROUGH, AND ALSO FIRE OR POLICE STATION. I SEE IT ON 53.65. SO PERMITTED USES FIRE POLICE. YES, SIR. THAT IS ONE OF THE THINGS THAT CAN BE THERE. UH, ALSO A RESTAURANT WITHOUT A DRIVE-THROUGH. OKAY. THE REASON WHY I MENTIONED FIRE POLICE IS IN THE EVENT THERE'S FUTURE TALKS OF A POSSIBLE SUBSTATION FOR SOMETHING OF THIS IN THAT AREA, UH, AT LEAST SOMETHING LIKE THIS KIND OF ZONING WOULD FIT THAT KIND OF MOLD. CORRECT. WOULD BE ABLE TO, SO YOU CAN HAVE A POLICE STATION IN A FIRE DEPARTMENT, THE SUBSTATION UP MM-HMM. IN THAT AREA. OKAY. THAT'S IT. ALL RIGHT. IS THERE ANY FURTHER DISCUSSION? SO WHAT I WOULD LIKE TO DO IS CALL FOR THIS VOTE AND THEN MAKE A SUBSEQUENT MOTION TO DIRECT STAFF TO BRING BACK A COMPREHENSIVE PLAN AMENDMENT, UH, WITH THAT LIMITED SCOPE AND IF THAT'S OKAY. YEP. ALL RIGHT. ALL OF THOSE IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES. AYE UH, MOTION CARRIES SEVEN TO ZERO. UH, IS THERE ANY OBJECTION TO THIS ITEM BEING FINALLY PASSED? ALRIGHT, SEEING NONE, THE ITEM IS FINALLY PASSED AND I'D LIKE TO MAKE AN ADDITIONAL MOTION, UH, TO DIRECT THE PLANNING DEPARTMENT TO BRING BACK AN AMENDMENT TO THE COMPREHENSIVE PLAN TO ALLOW FOR REGIONAL, UH, RETAIL SERVICES, UH, AS AN ALLOWABLE USE, UH, IN, UH, AT THE INTERSECTION OF ONE 15 AND 21 AS A REGIONAL NODE. SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER FLORES. K. THE DISCUSSION ON THAT MOTION ALL IS IN FAVOR, SAY AYE. AYE. AYE. AYE. ALL OPPOSED? MOTION CARRIES. SEVEN TO ZERO. ALL RIGHT. UH, NEXT UP, UH, WE HAVE A DEVELOPMENT AGREEMENT AND A ZONING CASE. UH, I'M GONNA, [27.  Woodmere Park Architectural Development Agreement. ~ Will Atkinson, Director of Planning] [28.   (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 54.2 Acres of land from ‘RS’ (Retail Services, 24- Acres), “R-1-T” (Townhomes, 10.57-Acres), “R-1-2” (Single Family Residential 2, 15.83 acres), “TU” (Transportation Utilities, 4.35-Acres) to ‘PUD’ (Planned Unit Development, “RS” 17.17 Acres, “R-1-T” 14.56 Acres, “R-1-2” 22.49 Acres) for property located at 1500 E. RR 150 in Hays County, Texas. (Woodmere Park Owner, LLC - Z-22-0111) ~ Will Atkinson, Director of Planning   Planning and Zoning Commission voted 5-1 to recommend approval of the request.   Public Hearing ] UM, BRING UP BOTH ITEMS AT THE SAME TIME CUZ THEY'RE CONNECTED. UH, AGENDA ITEM NUMBER 27 IS WOODWARD PARK ARCHITECTURAL DEVELOPMENT AGREEMENT. AND AGENDA ITEM 28 IS FIRST READING AND ORDINANCE AMENDING CHAPTER 53 OF THE CITY OF KYLE, TEXAS FOR THE PURPOSE OF REZONING, APPROXIMATELY 54.2 ACRES OF LAND FROM RETAIL SERVICES R ONE T R ONE, TWO, UH, AND T U TO UH, PUD, [02:40:02] UH, AND FOR PROPERTY LOCATED AT 1500 EAST R R ONE 50 IN HAYES COUNTY TEXANS. MR. ATKINSON, THANK YOU WILL ATKINSON, DIRECTOR OF PLANNING FOR THE RECORD. AND BEFORE WE START, I'LL, I'LL GO, I'LL DO GO THROUGH MY, MY STANDARD SPIEL, BUT WE'RE ALSO GONNA HAVE, UM, A PRESENTATION BY THE APPLICANT AS WELL WITH A SLIDESHOW AFTER I'M FINISHED, JUST SO Y'ALL ARE AWARE OF THAT. SO THIS IS, UH, THIS PUT THROUGH WOODMERE PARK, UH, IS RETURNING TO Y'ALL. IT ORIGINALLY CAME TO Y'ALL CITY COUNCIL IN JANUARY AND FEBRUARY OF 2022, UH, AS ONE OF THE FIRST VIBE CENTRIC, UH, DEVELOPMENTS WITH A MIX OF RETAIL, SOME, UH, SINGLE FAMILY HOUSING AND SOME TOWN HOMES. BUT WITH THE FOCUS OF THE RETAIL OVER BY THE LAKE DOWN AT THE SOUTH END OF THE SITE, UH, Y'ALL'S COUNSEL AND ULTIMATELY VOTED THAT DOWN. BUT IN DECEMBER, Y'ALL BROUGHT IT BACK AS, UH, TO BE RECONSIDERED AND THOSE A POSITIVE VOTE BASED ON CONVERSATIONS THAT HAVE BEEN HAPPENING WITH BETWEEN STAFF AND THE DEVELOPER AND, AND COUNCIL AS WELL. WE AT LEAST HAD ONE MEETING AND UM, THIS IS THE RESULT OF THAT. SO IT HAS BEEN MODIFIED AND IT STILL FUNCTIONS VERY WELL. AND AS FAR AS I UNDERSTAND, UH, MOST PEOPLE ARE PRETTY HAPPY ABOUT IT FROM A COUNCIL PERSPECTIVE AND STAFF. I THINK WE'VE ALL KIND OF J BROUGHT IT TO A, A POINT WHERE WE CAN DISCUSS IT AND MAKE SURE THAT IT'S MOVING FORWARD IN THE RIGHT DIRECTION. SO CURRENTLY THE SITE IS ZONED, UH, RETAIL SERVICE AT THE VERY FRONT OF IT, UH, TOWNHOMES THEN R 12 AND THEN TRANSPORTATION UTILITIES AT THE SOUTHWEST CORNER. AND WE ARE PROPOS OR NOT WE, THE APPLICANT IS PROPOSING TO HAVE A MIX OF RETAIL SERVICES UP FRONT STILL ON EAST F AND ONE 50 TO SERVICE THE, THE RESIDENCE ALONG ONE 50 TOWNHOMES IMMEDIATELY BEHIND THAT WITH A AMENITY CENTER, A MIX OF ALLEY LOADED AND NON ALLEY LOADED, SINGLE FAMILY DETACHED HOUSING IN THE MIDDLE WITH A PARK. AND THEN AT THE VERY BACK RETAIL SERVICES WITH A FOCUS TO HAVE LIKE SOME BOARDWALKS AROUND THE, THE SPRING-FED POND AND WHAT HAVE YOU. UH, ALONG THIS THERE'S GOING TO BE THE VIBE TRAIL THAT COMES THROUGH THIS SITE AND ENDS UP TEEING OVER AT NEW COUNTRY ROAD. UH, THEY'RE GONNA HAVE A DIRECT, UH, INTERSECTION ROAD ALL THE WAY ACROSS WITH UNIT WITH ROAD NUMBER B, LETTER B, EXCUSE ME. AND ALL THIS HAS CULMINATED IN A PROJECT THAT SEEMS TO WORK OUT REALLY WELL BASED ON ALL THE DISCUSSION WE'VE HAD. SO WITH THAT, I'M GONNA SWITCH OVER TO THE, UM, LEMME STOP SHARING HERE. SWITCH OVER TO THE DEVELOPMENT AGREEMENT AND SHARE THAT BECAUSE THE DEVELOPMENT AGREEMENT THAT THE APPLICANT'S WILLING TO ENTER INTO WITH THE CITY OF KYLE IS ONE BASED OFF OF, UH, BASED OFF OF ARCHITECTURAL STANDARDS. SO LEMME JUST SCROLL DOWN SO EVERYBODY CAN SEE IT. SO THESE ARE IMAGES OF THE PROPOSED COMMERCIAL, WHICH WILL BE VERY ATTRACTIVE ALONG EAST F AND ONE 50. AND WE HAVE A MIX OF TOWN HOME DESIGNS RIGHT HERE INCLUDED, AND THEN SOME SINGLE FAMILY RESIDENCES AS WELL. SO THIS DESIGNER HERE IS THE, THE ALLEY LOADED DESIGN. AND THEN WE ALSO HAVE A COUPLE OF THE FRONT LOADED DESIGNS AS WELL. SO WITH BOTH OF THESE ITEMS PUT TOGETHER, THEY FORM A CO A COMPREHENSIVE PROJECT THAT I THINK THE CITY OF KALA CAN BE PROUD OF. AND, UH, WE RECOMMEND THAT Y'ALL APPROVE, UH, BOTH THE DEVELOPMENT AGREEMENT AND THE UH, AND THE ZONING ORDINANCE. ANY QUESTIONS FOR ME? OH, AND THEN WE HAVE THE, UH, THEN WE HAVE THE, UH, THE PRESENTATION. ALL RIGHT. SO THE FIRST THING WE'LL DO IS THE PUBLIC HEARING ON ITEM 28. IF THERE ARE NO OBJECTIONS, SEEING NONE, I'M GONNA OPEN UP THE PUBLIC HEARING NOW. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK? UM, KAYLA IS BACK AGAIN FOR THE RECORD. I AM THE PROPERTY ON THAT PICTURE THAT'S KIND OF GRAYED OUT OVER THERE. . UM, THE TWO OF MY CONCERNS JUST TO REITERATE, ONE WAS WHAT THE DEVELOPER IS PLANNING TO DO AS FAR AS THE SOUND BARRIER TO THE NEIGHBORING PROPERTIES. UM, THAT AGAIN, HAVE BEEN THERE FOR MANY, MANY YEARS. UM, AND TWO, WHAT THE DEVELOPER IS PLANNING ON DOING TO IMPROVE THE ROAD CONDITIONS AND HAVE THE ROAD BE A LITTLE BIT MORE. I KNOW THERE'S PLANS FOR IT TO BE WIDER AND SO ON AND SO FORTH, BUT WHAT THE DEVELOPER IS PLANNING TO DO TO POSSIBLY CONTRIBUTE TO THAT. SO THAT CAN BE EXPEDITED BEFORE ALL THE CARS MOVE IN. I DON'T KNOW IF THAT'S EVEN AN [02:45:01] OPTION. UM, BUT I MEAN THAT, THAT ROAD'S STILL A COUNTRY ROAD. IT DOESN'T EVEN HAVE MARKINGS ON IT. EVERYONE JUST DRIVES IN THE MIDDLE AND THEN SCOOTS OVER WHEN SOMEBODY ELSE IS COMING. SO THAT ROAD'S NOT READY TO HANDLE ANYONE COMING OUT THAT WAY. AND WE KNOW ONE 50 S ALREADY OVERLOADED. SO THOSE ARE MY TWO CONCERNS, JUST TO REITERATE. THANK YOU. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK THAT'S, UH, TRACY SHIELD FOR THE RECORD, THIS TIME I'M JUST SPEAKING AS A RESIDENT, NOT MY OTHER HATS. SO, UM, LAST TIME I DID SPEAK IN REGARDS TO THIS AND I WAS AGAINST IT BECAUSE OF THE TRAFFIC AND THAT ONE OF THE STATEMENTS I HAD MADE THEN WAS IF THEY DIDN'T HAVE AN EGRESS TO 1 58. AND I KNOW 1 58 IS NOT THE GREATEST ROAD, BUT THE ONLY WAY TO GET THE COUNTY TO EXPAND IT AND DO IT MM-HMM. IS TO HAVE THE TRAFFIC THERE. SAME THING WITH ONE 50 IN TECH DOT. THE ONLY WAY TO GET THEM TO MAYBE GET THAT ROAD TO WHERE IT NEEDS TO BE IS TO UNFORTUNATELY HAVE THE TRAFFIC. SO I AM REVERSING MY OPINION AND JUST WANTED TO COME UP HERE AND SAY THAT. SO THANK YOU. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? ALL RIGHT, SEEING NONE, I'M GONNA CLOSE THE PUBLIC HEARING. PUBLIC HEARING IS NOW CLOSED. I SEE THAT WE DO HAVE A PRESENTATION IF THE APPLICANT WISHES TO COME FORWARD. HOPEFULLY IT'S BRIEF. WE HAVE A LOT OF ITEMS, MAYOR, COUNSEL, WE DO HAVE A PRESENTATION, BUT IF THE COUNCIL WOULD PREFER WE CAN JUST BE AVAILABLE TO ASK ANSWER QUESTIONS ABOUT THE PROJECT. WELL, WE'VE ALREADY LOOKED AT THIS, UH, AT LENGTH AND SENT IT BACK. SO P Z'S LOOKED AT IT TWICE. THIS IS OUR SECOND GO. SO, UH, IS THERE DISCUSSION COUNCIL FLOOR SCALE? OKAY, I HAVE TWO THINGS THAT I WANNA TOUCH ON AND I HEAR YOU. I LIVE OFF OF ONE 50 AND I USE 1 58. I HEAR YOU AND I FEEL YOUR PAIN. I WANT TO MAKE IT CLEAR THAT THEY CAN ALREADY BUILD BY RIGHT OFF OF 1 58. FRONT IS RETAIL. SO WHAT THEY DID IS THEY WERE WILLING TO WORK WITH THE CITY AFTER WE SAID NO, WE WANT THE RETAIL IN THE FRONT AND THEY'VE PUT RETAIL OFF OF ONE 50 AND 1 58 AND THEN THEY HAVE A RETENTION, I DON'T KNOW IF IT'S RETENTION OR DETENTION PONDS. SO THAT TAKES UP MORE ACREAGE. SO IT'S NOT GONNA BE JUST 20 ACRES OF HOMES. UM, TWO THINGS I HAVE ISSUES, WELL, THAT I WANNA ADDRESS IN THE UH, DA IS I WOULD LIKE TO SEE THE RETAIL COME FIRST AND I WANT, IF WE CAN LIMIT WHAT CAN GO IN THAT RETAIL, LIKE I DON'T KNOW IF WE REALLY NEED A MATTRESS STORE OVER THERE, , UM, I DON'T KNOW IF THAT'S AVAILABLE TO, BUT BRING REAL AMENITIES TO THAT AREA SO WE DON'T HAVE TO GO ALL THE WAY DOWN ONE 50. WE CAN GO TO THIS AREA AND GET A SANDWICH OR GO TO THIS AREA AND GET, UH, SOMETHING THAT WE NEED. RIGHT. A COFFEE OR YOU KNOW, JUST HAVE SOMETHING OVER THERE. IF THAT COULD BE PUT IN THE DEVELOPMENT AGREEMENT, I WOULD BE ELATED. I WOULD BE REALLY, UM, GRATEFUL. I HAVE A QUESTION FOR YOU. YES. WHEN YOU SAY THE RETAIL TO COME FIRST, SIMILAR TO THE ITEM WE'RE ABOUT TO TAKE UP WITH THE SIMILAR LANGUAGE AS WITH THE BROOKS ITEM. YEAH. I GUESS, IS THAT WHAT YOU'RE PROPOSING? TELL ME WHAT THAT SAYS CUZ RIGHT, IT JUST SAYS THAT THE, BEFORE A CO IS ISSUED ON THEIR, UM, THEIR RESIDENTIAL PROJECT, THEY HAVE TO HAVE PERFECT YES. UH, BE STARTED ON, ON THAT. BUT THEN, AND THEN THE SECOND QUESTION IS THERE'S TWO DIFFERENT RETAIL SECTIONS. SO I CAN DEFINITELY SUPPORT WHAT YOU'RE PROPOSING ON THE ONE 50 SIDE. OKAY. BUT THE 1 58, I DON'T REALLY FEEL LIKE IT'S PROBABLY, IT'S KIND OF A DEVELOPMENT TO IT AND OVER TIME. SO LET ME ASK YOU THIS, IF IT'S 1 58 FIRST AND THAT PUTS PRESSURE ON THE COUNTY BECAUSE THE TRUTH OF THE MATTER IS 1 58 HAS TO BE UPDATED. SO WE HAVE A TON OF ISSUES HERE, RIGHT? WE HAVE BAD ROADS, WE HAVE OVERPOPULATION, WE HAVE ALL THESE AND WE NEED TO TACKLE ONE AT A TIME. I THINK APPLYING PRESSURE TO THE COUNTY TO WORK COLLECTIVELY WITH US TO FIX UP 1 58 IS GONNA BE HUGE. I MEAN, THAT RUNS PARALLEL TO 35. I TAKE IT EVERY DAY WHEN I GO TO WESTLAKE, I TAKE THAT EXIT AND GO STRAIGHT ON 35 AND I AVOID ALL THAT OTHER TRAFFIC. SO I AGAIN, I AGREE MAYBE NOT BOTH SIDES, BUT IF WE CAN COLLECTIVELY AS A COUNCIL DECIDE WHICH IS GONNA BE MORE IMPORTANT, UM, I MAKE SENSE FOR ONE 50, BUT MY HOPE WOULD BE 1 58 WOULD APPLY PRESSURE. UM, I DON'T KNOW IF WE CAN DIRECT MAYBE IF WE SAY, OKAY, WE WANT THE ONE 50 UP FRONT AND THEN DIRECT STAFF TO START WORK ON WORKING WITH THE COUNTY TO FIGURE OUT A PLAN FOR A 1 58. I, I WOULD [02:50:01] WE BE AMENABLE TO THAT? UM, CUSTOMER PARSLEY, I THINK EVERYBODY KNOWS HERE THAT I HAVE A LOT OF CONCERNS WITH THIS. UM, SO NUMBER ONE, WILL YOU BE WILLING TO PUT TURF IN ALL THE HOMES, NOT REAL GRASS OR ANY OTHER, UM, LANDSCAPING THAT DOES NOT REQUIRE WATERING? SORRY. YES. I, I DON'T KNOW WHO I, WHOEVER IS BUILDING THIS . I THINK THAT'S AN OPTION FOR THE, UM, GOOD EVENING. UM, COUNCIL MEMBERS, MAYOR, UM, AND PROTIME, UM, TO ANSWER YOUR QUESTION, WE WOULD HAVE TO GO BACK AND SEE. SO I CAN'T GIVE YOU A, UH, GIVE YOU THAT PROMISE, BUT I'D LIKE TO UNDERSTAND WHAT, UM, WHAT THE DIFFERENCE IS TO YOU. SO I SAY YOUR CONCERN, WELL, UM, A MONTH AGO OR SO, TWO WEEKS AGO, WE TALK ABOUT A MORATORIUM BECAUSE WE DON'T HAVE WATER IN WASTEWATER. MM-HMM. . SO I'M ASSUMING THAT THIS MATTERS TO ALL COUNCIL SINCE WE WILL BE USING, YOU KNOW, WATER RESOURCES TO HAVE GREENGRASS IN FRONT OF YOUR PROPERTY. SO THAT, THAT, THAT WILL BE A CONCERN TO ME. I WILL APPRECIATE IF YOU GUYS SURE. BRING SOMETHING DIFFERENT. LET ME, UM, FROM MY, FROM MY EXPERIENCE AS A DEVELOPER, UM, TELL YOU ABOUT THE TURF. WE PUT TURF ON SOME OF OUR COMMUNITIES BECAUSE THERE'S NOT NOT ENOUGH SUNLIGHT. THERE'S NOT TO, TO LET GRASS GROW, BUT WE STILL HAVE TO, UH, IRRIGATE, UH, THE TURF BECAUSE IT GETS TOO HOT. AND IF IT GETS TOO HOT, NO ONE USES IT. THE DOGS CAN'T GO OUT, THE KIDS CAN'T GO OUT THERE. SO WHETHER IT'S SOD OR UM, TURF, YOU STILL HAVE TO IRRIGATE A LOT LESS THAN WHAT GRASS. RIGHT? WELL, IT JUST DEPENDS ON USAGE ALSO. RIGHT. AND ALSO THERE'S DIRT OUT THERE AS WELL. SO GRASS IS NICE AND SLICK, BUT IF IT STILL HAS DIRT COMES ON IT AND YOU STILL HAVE TO CLEAN IT OUT. SO I'M NOT, YOU KNOW, I, I AGREE WITH YOU. YOU KNOW IT, WE WANNA CONSERVE WATER AS MUCH AS WE CAN, BUT THE REALITY BETWEEN THOSE TWO, JUST TO ADDRESS YOUR CONCERN IS THAT IT HAS TO GET IRRIGATED EITHER WAY. OKAY. AND, AND FROM A MAINTENANCE STANDPOINT POINT, FROM THE HOA, IT'S A LITTLE A LESS, UH, MAINTENANCE IF WE ACTUALLY DO PUT TURF. SO PREFERABLY YES, YOU KNOW, THAT WAY LONG TERM TURF IS ALWAYS BETTER. BUT AGAIN, JUST FOR COST, FOR SAVINGS FOR WATER, IT'S THE SAME WHETHER IT'S SAADA TURF AGAIN. OKAY. UM, MY OTHER QUESTION IS, UM, I KNOW YET YOU, PAM MENTIONED THAT YOU WERE WORKING WITH THE CITY AND FIRE DEPARTMENT FOR THE ALLEY THE ALLEYS WITH, UM, BECAUSE THE RESIDENTS WILL BE REQUIRED TO PARK IN THEIR GARAGES. I I, I DON'T KNOW HOW WHEN THAT HAPPENS AND HOW YOU GUYS ARE GOING TO ENFORCE THAT. I DON'T KNOW OF MANY HOMES THAT ACTUALLY PARK INSIDE THEIR GARAGE. MOST PEOPLE PARK IN THE DRIVEWAY BE AND THEN YOU WILL BE REQUIRING THE GUESTS PARK IN THE DRIVEWAY OF EACH HOME. HOW ARE YOU GOING CON CONTROL THAT? AND IS THAT BECAUSE THE STREETS ARE NOT WIDE ENOUGH FOR FIRE TO, TO MEET FIRE CODES? IS THAT, WHY IS THAT HAPPENING OR IS THAT WHAT YOU ARE REQUIRING? SO WE HAVE AN EXHIBIT THAT WE CAN SHOW YOU. SO THE FIRE LANES, WE MEET UP TO CODE TO FIRE LANES, BUT WE EXTEND FURTHER THAN THAT. SO, UM, THAT THERE'S A BASIC FIRE CODE THAT AGAIN, WE'RE WIDER THAN FIRE CODE. SO IF YOU COULD JUST, UH, AND I'M ADDRESSING THIS BECAUSE I LIVE IN A NEIGHBORHOOD THAT HAS THAT ISSUE AND IT HAS BEEN A PAIN TO CONTROL PEOPLE PARKING IN, IN THE ROADS SO I, I KNOW PEOPLE WILL NOT FOLLOW THOSE RULES SURE. IF YOU DON'T MAKE THE STREETS WIDE ENOUGH. YEP. SO THE STREETS ARE WIDE ENOUGH. AND I'LL ADDRESS THAT SECOND PART ABOUT ENFORCEMENT. YEAH. YOU CAN ADDRESS, UM, WILL, IF YOU CAN GO TO THAT, UH, THIS IS SHALI, THIS SIDE FROM, UH, BRIDGE TOWER HOMES. UH, WILL, IF YOU CAN GO TO THE EXHIBIT WHICH SHE WAS PARKING FOR GUESTS. I THINK IT'S, YEAH. GIMME JUST A MOMENT. SO BASICALLY THIS ONE ADDRESSES, UM, I THINK WHAT COUNCIL MEMBER PARSLEY YOU WERE TALKING ABOUT. THESE ALLEYS ARE PRETTY WIDE ALLEYS. IT IS 30 FEET RIGHT OF WAY WITH 24 FEET OF PAVEMENT, WHICH IS ACTUALLY LIKE ROAD. IT IS CALLED ALLEY. BUT IT IS LIKE ANY STANDARD ROAD. SO EVEN WHEN GUESTS WILL BE COMING IN, THEY HAVE PARKING, YOU KNOW, AROUND THE AMENITY CENTER. THEY WILL ALSO BE ABLE TO GO IN THE ALLEY AND PARK ON THE DRIVEWAY. JUST LIKE HOW ANY FRONT LOADED HOMES, WHEN GUESTS COME TO YOUR HOUSE, THEY WILL PARK ON YOUR DRIVEWAY. SIMILAR TO THAT, IN ADDITION TO PARKING ON THE ROAD. AND I WILL LET JACKSON ADDRESS [02:55:01] ABOUT HOW ENFORCING RESIDENTS TO PARK IN THEIR, IN THEIR GARAGES. SURE. SO WE HAVE, UH, OUR HOA MEMBERS ON SITE. SO THERE'S AN OFFICE THERE, 20, UH, THROUGHOUT THE YEAR, UH, 24 7 20, NOT 24 7, BUT EVERY DAY OF THE WEEK. UM, STAFFED ON REGULAR BUSINESS HOURS. AND ESSENTIALLY THEY'RE THE ONES THAT ENFORCE THE PARKING REGULATION THERE. AND IF THEY DON'T, THERE'S A FINE. SO THINK OF US LIKE IN HOA ON STEROIDS, RIGHT? WE WANNA MAKE SURE THE COMMUNITY LOOKS NICE, STAYS NICE. WE BUILD IT ALL THE WAY TO END OF TIME. UM, DID YOU GUYS REACH OUT TO THE FIRE DEPARTMENT TO MAKE SURE THAT THEY WERE HAPPY? BECAUSE I DID AND THEY DID NOT LIKE THIS PROJECT. UM, WE HAD, WE HAD DISCUSSED THIS WITH FIRE DEPARTMENT AND ALL THE RADIUSES AND EVERYTHING, OUR PER FIRE DEPARTMENT'S REQUIREMENT FOR ALLEYS AND THE WIDTH OF THE ALLEYS AS WELL. OKAY. AND THEN, UM, SO I JUST WANNA MAKE SURE THAT, YOU KNOW, THE, I HAD A LOT OF RESIDENTS THAT HAD CONCERNS ABOUT THIS, AND I DO KNOW THAT THERE IS ALREADY ZING FOR TOWN HOMES AND FOR SINGLE FAMILY RESIDENTIAL, BUT YOU GUYS ARE TAKING, UH, 14 ACRES OF ACRE OF RETAIL THAT ONE 50 DESPERATELY NEEDS. AND THAT'S THE SAME REASON I VOTED NO THE FIRST TIME. AND I KNOW HEB HAS LAND ACROSS THE STREET OR SOMEWHERE IN THERE, AND WE CANNOT BE RELYING ON HEB TO BE THE ONLY GROCERY STORE. SO I, I DON'T THINK THAT WE SHOULD BE TAKING 14 ACRES OF RETAIL TO PUT TOWN HOMES. IT'S, IT'S NOT WHAT THAT AREA NEEDS. AND WE ARE NOT GONNA BE JAMMING A TON OF HOMES JUST SO ONE 50 CAN GET BUSY ENOUGH AND THE COUNTY CAN LISTEN. SO THEN WE'RE NOT DOING THE JOB TALKING TO THE COUNTY TO SEE WHAT WE CAN DO WITH ONE 50. SO I'M JUST, I'M JUST GONNA LEAVE IT IN THERE. I DON'T THINK THAT'S, WE ARE ALWAYS TALKING ABOUT HOW COME WE DON'T HAVE NICE THINGS ON THE EAST SIDE. IT'S BECAUSE WE KEEP ACCEPTING THINGS THAT ARE NOT NICE ENOUGH. AND I DON'T THINK THAT THIS IS A PROJECT THAT WILL COME TO GOLD STANDARD. THOSE ARE MY COMMENTS. MAY I ADDRESS THE RETAIL PART? UM, SO WE HAVE RETAIL UP FRONT. OKAY. UH, AND WE ALSO HAVE RETAIL IN THE BACK AS WELL. SO BOTH SIDES HAVE RETAIL, RIGHT? SO WE'RE NOT TAKING ANYTHING AWAY. AND WE INCLUDE, UH, THE PARK AROUND THE DETENTION AREA. SO THAT'S ABOUT 18 ACRES ALTOGETHER FOR, UM, FOR PUBLIC USE. BUT THAT'S ALL RETAIL. IT'S, IT SHOULD BE ALL RETAIL. THE ENTIRE THING IS RETAIL. SO WE'RE GONNA TAKE 14 ACRES OF THAT TO GIVE IT TO TOWN HOMES. WHAT, WHAT I'M SAYING IS THAT WE SHIPPED IT SOME OF THE RETAIL TO THE BACK TO 1 58, BUT IT'S LIKE, WHAT I BELIEVE THAT THE INFORMATION I GOT SAID IS 41,000 SQUARE FEET OF RETAIL AND IT COULD BE DIVIDED AROUND 13 TO 14 LOCATIONS. WHY NOT LEAVE THE WHOLE PLACE AS IT IS AND PUT A GROCERY STORE OR THINGS THAT THE EAST SIDE REALLY NEEDS TO ALLEVIATE HEB FROM HERE? UH, I I JUST, I'M GONNA MAKE SURE YOU GUYS UNDERSTAND THAT IT'S A POSSIBILITY. SURE. AND, AND, AND I'M, I'M NOT TRYING TO BE ARGUMENTATIVE, BUT THEN IF YOU PUT OUR GROCERY STORE IN THE FRONT, YOU KNOW, IT'S, IT'S A TRAFFIC ISSUE AS WELL. RIGHT? COSTCO IS ON 15 ACRES, THAT'S 20 ACRES UP FRONT. COSTCO TAKES UP AN, AN AVERAGE STORE FOR COSTCO'S 15 ACRES. IT'S 150,000 SQUARE FEET. IT'S ABOUT 300 CARS AN HOUR. RIGHT. A TOM THUMB IS A THIRD OF ALL THAT. RIGHT? SO, SO THE SAME TRAFFIC PATTERN, IT ALMOST THREE, FOUR TIMES THAT AMOUNT FOR AN AVERAGE COMMUNITY OF 200 HOMES, ABOUT 20 CARS AN AN HOUR THAT LEAVES A COMMUNITY. SO IT'S THE TRAFFIC PATTERN'S JUST NOT AS MUCH FOR A SINGLE FAMILY COMMUNITY VERSUS A GROCERY STORE, BUT IT, IT'S FEEDING ESSENTIAL NECESSITY TO, TO THE RESIDENTS OF THAT AREA. IT'S, IT'S HELPING WITH GROCERIES OR PHARMACIES OR WHATEVER ELSE IT IS THAT THEY NEED THAT USUALLY COME TO THE WEST SIDE TO GET THAT WILL ALLEVIATE THAT, THAT ISSUE, AT LEAST IN PARTICULAR, IT WILL BE FOR ME. SURE. THEY, I HAVE A FACEBOOK POST AND I DIDN'T MISLEAD ANYONE. I SAID THERE IS GOING TO BE RESIGNING OF RETAIL FOR TOWN HOMES AND PEOPLE ARE COMPLETELY AGAINST THIS. SURE. SO THOSE ARE MY, I'M ADVOCATING, I KNOW YOU WANNA MAKE MONEY. I NEED TO TAKE CARE OF MY RESIDENTS. SURE. THEY'RE, THANK YOU. CAN I CUSTOMER? WELL, THEY'RE THE RESIDENTS. ALL OF US REPRESENT THE RESIDENTS. AND I THINK THAT IT'S GOOD THAT, UM, VARIETY, NOT EVERYBODY WANTS AN AN UNAF, UH, HOUSE THEY CAN'T AFFORD. AND A TOWN HOME IS A GOOD, I'M STARTING MY [03:00:01] HOME OWNERSHIP. I'M STARTING TO MAYBE SEE IF KYLE IS THE RIGHT PLACE FOR ME TO LIVE. UM, AND WE HAVE STUDENTS AND, AND PEOPLE THAT DON'T HAVE FAMILIES. SO WE NEED TO HAVE THAT KIND OF MORE AFFORDABLE, UM, OPTION FOR SOME OTHER PEOPLE. UM, I DID HEAR IN P AND Z THAT THERE'S NOT A LOT OF LIGHTING AND Y'ALL ARE CONNECTING SOME OF IT IN THE VIBE TRAIL. SO WOULD Y'ALL CONSIDER, LIKE, UM, HAVING A LITTLE MORE LIGHTING SO THAT IF YOU WALK OR JOG AT NIGHT, UM, IT'S NOT SO DARK? SURE. NO. DEFINITELY. WE ARE GOING TO ABIDE BY THE CITY'S ZONING ORDINANCE AND LIGHTING ORDINANCE, WHATEVER IS REQUIRED. BECAUSE IN FACT, VIBE TRAIL HAS MORE LIGHTS REQUIRED THAN, THAN EVEN JUST REGULAR SIDEWALKS. SO WE WILL BE ABIDING BY CITY ZONING ORDINANCE. WE ARE NOT TRYING TO DO LESS LIGHT BECAUSE WE DO WANT SAFER COMMUNITY AND WE DO WANT THE WALKABILITY IN THE COMMUNITY. THAT IS ONE, ONE OF THE, KIND OF THE PRINCIPLE OF MULTIPLE OF OUR DEVELOPMENT. WE WANT WALKABLE COMMUNITY. WE WANT PEOPLE TO BE OUTSIDE. WE, THE WELLNESS IS VERY IMPORTANT ASPECT FOR ANY OF OUR PROJECT. THANK YOU CUSTOMER. HE, YEAH. UM, GIVEN THAT, IT SEEMS LIKE THERE'S A COUPLE PEOPLE IN THIS ROOM HERE THERE THAT ARE OKAY WITH CREATING, UH, A MASSIVE TRAFFIC PROBLEM JUST TO FORCE THE HAND OF THE COUNTY. UH, TO THAT, I WOULD SAY LET'S JUST WORK HARDER WITH THE COUNTY TO TRY TO FIND A SOLUTION TO FUTURE, TO CURRENT AND FUTURE TRAFFIC PROBLEMS. LET'S NOT MAKE A DECISION BECAUSE OUR BACKS MIGHT BE IN A CORNER WITH, UH, A PROBLEM THAT WE'RE FACING, LIKE THAT WHEN YOUR BACK'S IN A CORNER, IT'S IN THERE FOR A REASON. YOU'RE ONLY LEFT WITH BAD OPTIONS FROM WHICH TO CHOOSE. LET'S TRY TO MAKE THE BEST CHOICE POSSIBLE HERE. AND IF, YOU KNOW, KIND OF GOING ALONG THE, THE IDEA IF OF, UH, LET'S FORCE THE COUNTY'S HAND BY REZONING THIS OR APPROVING THIS SO THAT WE'RE CREATING A TRAFFIC PROBLEM, THEN LET'S REALLY CREATE A HUGE TRAFFIC PROBLEM AND LET'S GET A GROCERY STORE IN THERE. I MEAN, IF THAT'S, IF THAT'S WHAT WE'RE GONNA DO, WHY NOT JUST GO ALL THE WAY, UH, TO THE END TO DO THAT? UM, OBVIOUSLY I'M BEING SARCASTIC. UH, YEAH, I THINK THOSE WORDS, ADDITIONALLY, THOSE ARE THE WRONG WORDS THAT WERE ADDITIONALLY NO ONE, NO ONE CAN FORCE A COUNTY TO DO. NO, OF COURSE. YEAH. UM, WHAT DOES REVENUE LOOK LIKE PER BUILDABLE, BUILDABLE ACRE FOR RESIDENTIAL VERSUS RETAIL FOR YOU GUYS? JUST SO I CAN HAVE BETTER UNDERSTAND YOUR REASONING HERE. UM, WE DON'T DO RETAIL. UM, SO, BUT, BUT, BUT I, SO I COULDN'T ANSWER THAT. WELL, YOU DO. WE'RE RESIDENTIAL, WE'RE RESIDENTIAL BUILDERS. BUT IT IS YOUR LAND, RIGHT? SORRY? IT IS THE LAND THAT YOU'RE DEVELOPING. IT IS LAND THAT WE'RE DEVELOPING. AND IN TERMS OF SQUARE FOOT PER, PER LAND LAND IS ABOUT $4. FOR ROYAL LAND IS ABOUT $4 A SQUARE FOOT. AND FOR COMMERCIAL IS ABOUT 10 TO $12 A SQUARE FOOT. OKAY. SO CAN YOU, WHICH IS MORE VALUABLE TO YOU? JUST WELL, GIVEN THAT, WELL, WE'RE RESIDENTIAL THE DEVELOPER, SO THAT'S MORE VALUABLE TO ME. MM-HMM. . SO THEN DO YOU HAVE THE AUTHORITY TO SAY THAT SOME OF THE LAND THAT'S BEING REZONED FOR RESIDENTIAL COULD BE REVERTED BACK TO, UH, COMMERCIAL OR RETAIL? OR RETAIL? AND THAT'S WHAT WE'RE DOING IN THE FRONT. THAT'S RETAIL IN THE BACK. THAT RETAIL. SO WE'RE, WE'RE GIVING THAT BACK PORTION TO RETAIL WHERE IT WAS NORM, WHICH WAS ORIGINALLY ZONED FOR, UH, RESIDENTIAL. OKAY. THAT WHAT, THAT'S FINE. UH, LAST QUESTION IS, UM, YOU KNOW, SOMETHING THAT YOU HAD SAID BEFORE AROUND AFFORDABLE HOUSING. WHAT, I MEAN, WHAT MEASURES DO WE, UH, OR I MEAN, WHAT CONFIDENCE LEVELS OF CONFIDENCE SHOULD WE HAVE THAT THIS CAN REMAIN AFFORDABLE? UM, IS LIKE, THE FEEDBACK I GET MOST IN THE CITY IS THAT IT'S BECOMING WAY TOO EXPENSIVE. AND SO KNOWING THAT WHERE I LIVE IN PLUM CREEK, WE HAVE PEOPLE SELLING THEIR HOMES JUST TO, TO RENT 'EM OUT AS AIRBNBS IF WE'RE GONNA TRY TO HAVE, YOU KNOW, AFFORDABLE HOUSING. IT'S JUST CREATING MORE OPPORTUNITIES FOR PEOPLE TO TAKE ADVANTAGE OF THE SYSTEM, WHICH IS SEEMS TO BE GOING AGAINST WHAT, UM, SOME OF THE SENTIMENT WAS HERE ON COUNCIL. SO, UM, IS THERE AIR, UM, IS THERE ANYTHING IN YOUR MIND OR ANY SORT OF, UM, ASSURANCES THAT YOU CAN GIVE US THAT THERE WILL, YOU KNOW, THIS COULD RESEMBLE SOME SORT OF AFFORDABLE HOUSING WHERE LIKE, WHATEVER THE GOING MARKET RATE IS FOR SOMETHING OF SIMILAR NATURE. LIKE WE DON'T NEED MORE EXPENSIVE THINGS WHEN IT COMES TO, TO HOMES HERE. [03:05:01] WE NEED THINGS THAT PEOPLE CAN LIVE IN, BUY, LIVE IN NOW AND LIVE IN FOR 20 YEARS AND NOT GET PRICED OUT OF THE CITY, WHICH IS HAPPENING ALL OVER. WELL, JUST REMEMBER, THIS IS RENTAL. ALL OF THE UNITS ARE RENTAL. OH, OKAY. WELL, LET'S RETRACT THAT ONE WORD. THERE ARE HOUSES FOR SALE, RIGHT? NO. ALL RIGHT. SO, SO I HAVE A, A QUESTION. UH, COUNCIL MEMBER FLORES KALE, WHO IS THE PERSON WHO BROUGHT BACK THE RECONSIDERATION VOTE, HAS MADE A REQUEST FOR THE RETAIL TO BE TIED IN THE, THE DEVELOPMENT OF THE RETAIL IN THE FRONT TO BE TIED TO THE DEVELOPMENT OF THE RESIDENTIAL, WHICH IS A PRACTICE THAT WE ARE BECOMING MORE FAMILIAR WITH TO MAKE SURE THAT WHAT, WHAT WE REALLY WANNA SEE, WHICH IS THE RETAIL ACTUALLY BE DEVELOPED HAPPENS. IS THAT SOMETHING THAT Y'ALL WOULD BE COMFORTABLE WITH AS WELL? WE WOULD BE COMFORTABLE WITH, WITH RESIDENTIAL AND RETAIL? UM, WHEN PART OF THE RETAIL HAPPENED SIMULTANEOUSLY? RIGHT. SO THE, THE, THE, THE THING THAT WE'VE SEEN, I'VE SEEN IN PARTICULAR IN THE PAST IS THAT, UH, UH, DEVELOPERS WILL COME FOR A REZONING MM-HMM. . AND THEY WILL ASK, ASK FOR MORE OF A MIXED USE WITH SOME RESIDENTIAL AND THE RETAIL IN THE FRONT AND THEIR RESIDENTIAL DEVELOPERS. AND THEY COME IN, THEY'RE FOCUSED ON BUILDING OUT THEIR RESIDENTIAL, AND THEY'LL LEAVE THE FRONT PAD VACANT AND THEN MAYBE LIST IT FOR SALE DOWN THE ROAD. THERE'LL BE RETAIL. AND SO THAT'S THE THING THAT MAYBE THAT CAN GET COUNCIL MORE EXCITED. AND SO I'M JUST WANTING TO MAKE SURE THAT THAT WOULD BE SOMETHING THAT Y'ALL WOULD BE COMFORTABLE WITH, WHICH WOULD REQUIRE YOU TO ACTUALLY CONSTRUCT THE RETAIL SIDE OR PARTNER WITH SOMEONE IS, WE'RE NOT REQUIRING, YOU WE'RE JUST SAYING YOU CAN'T GET YOUR COS ON YOUR RESIDENTIAL UNTIL YOU'VE STARTED CONSTRUCTION ON THE RETAIL. YES, WE WOULD BE AMENABLE TO. OKAY. WELL WE'VE, IT'S, UH, THIS IS A, I WANNA SAY SOMETHING. UM, YEAH, I DON'T, I DON'T BELIEVE IN CALLING EVERYTHING A RENTAL A BAD NAME. THERE'S ARE, THERE ARE NICE RENTAL HOUSES, NICE RENTAL APARTMENTS, AND PEOPLE MAINTAIN THEIR PROPERTIES WHEN THEY ENJOY WHERE THEY LIVE AND IN THE COMMUNITY THEY'RE IN. WELL, I THINK THIS COUNCIL HAS A LOT OF DIFFERENT OPINIONS ABOUT AFFORDABILITY AND WHAT THE EAST SIDE NEEDS THE MOST. YOU KNOW, UM, FOR MYSELF, I THINK THE E EAST SIDE NEEDS TO HAVE ITS STANDARDS RAISED AND, UH, UH, TO HAVE, UH, A HIGHER INCOME, UH, COMING TO THAT AREA. UH, FOLKS WHO LIVE IN PARTICULAR, BECAUSE THAT'S WHAT DRIVES RETAIL, UH, IS DISCRETIONARY SPENDING AND WOULD HOPEFULLY, ULTIMATELY LEAD TO AN H HEB, UH, OR SOME OTHER TYPE OF, UH, GROCER DOWN ONE 50. I DON'T BELIEVE THAT A GROCER MID-BLOCK BETWEEN MM-HMM. THE INTERSTATE AND ONE 50 WILL EVER HAPPEN. UM, I DO BELIEVE THAT WE MADE A SIGNIFICANT VOTE TO BRING BACK, UH, THE COMPREHENSIVE PLAN AMENDMENT TO ALLOW FOR SUCH A RETAIL SITE. SO I'M, THAT WAS OUTTA NOWHERE AND VERY EXCITING TO ME, CUZ I NEARLY LOST MY MIND WHEN THAT HAPPENED HOWEVER MANY MONTHS AGO. UH, THAT SAID, I KNOW YOU GOT YOUR HAND UP, BUT I'M GONNA GO AHEAD. I KNOW IT'LL BE, WE'LL TAKE A, WE'RE GONNA HAVE TO TAKE A, A VOTE ON A ROLL CALL VOTE ON THIS. BUT I'D LIKE TO MAKE A MOTION TO APPROVE THE DEVELOPMENT AGREEMENT WITH THE ADDITION OF LANGUAGE REQUIRING CONSTRUCTION OF RETAIL TO BEGIN BEFORE A CERTIFICATE OF OCCUPANCY, UH, FOR TOWN HOMES OR SINGLE FAMILY RESIDENTIAL WILL BE ISSUED ON THE RETAIL, UH, ON THE ONE 50 SIDE SECOND. UH, AND THAT'S A MOTION ON BOTH THE DA AND THE ZONING TO, TO BE CLEAR. SO, UH, MOTION BY THE MAYOR, SECONDED BY CUSTOMER FLORES KELSER DISCUSSION ON THE MOTION CUSTOMER FLOOR SCALE. THANK YOU. CAN WE ALSO INCLUDE THE LIMITATION OF LIKE MATTRESS STORES OR LIKE CERTAIN STORES? CAN WE ADD THAT TO THE DA? UM, AND, AND I, I WANNA SAY THAT THESE PEOPLE OWN THE LAND. WE CANNOT TELL THEM WHAT TO PUT ON IT AS MUCH AS WE WANT TO. UM, I LEARNED THAT IN THE VERY BEGINNING. I USED TO GET REALLY FRUSTRATED AND COUNCIL MEMBER RIZZO LOOKED AT ME AND SAID, IF PEOPLE WANTED THINGS TO SAY THE SAME, THEY SHOULD HAVE BOUGHT THAT LAND. OKAY. AND SO WE ALL HAD THE ABILITY TO, YOU KNOW, FIGURE OUT WHAT IT IS WE WANNA SPEND OUR MONEY ON. AND THEY SPENT THEIR MONEY ON THE LAND. AND I, AND I GET, I WAS VERY HESITANT BECAUSE THE FRONT WAS RETAIL AND I DID VOTE NO. BUT I SAW THEM WILLING TO WORK WITH US IN ORDER TO BRING US A PRODUCT THAT WAS LIKE A GIVE AND TAKE. LIKE, YOU KNOW, I, I THINK WE WORKED REALLY WELL ON THAT TOGETHER. UM, THEY, THEY'RE ASKING FOR NO INCENTIVES. THAT'S, FOR ME, THAT'S HUGE, RIGHT? LIKE, THEY'RE NOT SAYING, HEY, WE WANT THIS OR WE WANT THAT. THEY JUST WANNA BUILD THEIR PRODUCT, WHICH IF YOU WANNA SEE WHAT IT LOOKS LIKE, THEY HAVE ANOTHER DEVELOPMENT ISN'T IN DALLAS OR HOUSTON. IT'S CONSISTENT IN DALLAS. IN DALLAS. I MEAN, GO ON THEIR WEBSITE, LOOK AT IT. THEY DON'T JUST BUILD AND LEAVE. THEY TAKE CARE OF THE RESIDENTS. IT, IT'S, FOR ME, INITIALLY, I WAS REALLY HESITANT. I'M VERY PROUD OF WHAT YOU GUYS BROUGHT US US. NOW, DO I WISH THAT WHOLE AREA WAS RETAIL? SURE. THAT'S NOT AN OPTION. AND I, I RESPECT THAT. UM, BUT I ALSO APPRECIATE [03:10:01] AND RESPECT THE FACT THAT YOU GUYS WERE WILLING TO GIVE US, UM, THE RETAIL. AND SO I HOPE IT PASSES. ALL RIGHT. COUNCIL, UH, MAYOR PRO TIM, JUST TO REITERATE ON THE AFFORDABLE HOUSING, THESE TOWN HOMES ARE RENTALS, CORRECT? YES. SORRY. YES, THEY ARE. THESE SINGLE RESIDENTIAL HOUSES YOU'RE GOING TO BUILD, PEOPLE WILL NOT BE ABLE TO OWN THEM. THEY ARE ONLY RENTALS ONLY, CORRECT? FOR MAY TERM. YES. UH, THEY ARE FEE SIMPLE. SO IT'S CHANGE DOWN THE FUTURE WHERE THERE IS A NEED FOR IT, WE WOULD CONSIDER THAT, BUT RIGHT NOW IT WOULD ALL IT'S RENTAL WHERE SOMEBODY WOULD WANT TO DO A RENT TO OWN KIND OF CONTRACT FOR THESE HOMES, THIS COMPANY THAT YOU WORK FOR. DEVELOPMENTS WOULD BE ABLE TO ALLOW THESE PEOPLE WHO LIVE THERE TO BUY THE HOME. CUZ HERE IT'S ALL ABOUT HOME OWNERSHIP, BUT ALSO ABOUT AFFORDABILITY WHEN IT COMES TO HOME OWNERSHIP. SO IF YOU HAVE THESE HOMES THAT ARE HERE AND THEY'RE JUST RENTAL PROPERTIES TO WHERE, UM, AGAIN, WE HAVE TO BE ABLE TO ADDRESS THE AFFORDABLE RENTAL HOUSING PROBLEM, THAT IN DUE TIME THAT IF THE PROPERTIES WERE TO BE FOR SALE, THAT RESIDENTIALS COULD, RESIDENTS COULD BUY THESE HOMES. WE HAVE DONE THAT IN THE PAST IN OUR COMMUNITIES. I CAN'T PROMISE THAT THIS WILL HAPPEN HERE. OKAY. UM, BUT WE HAVE DONE THAT IN THE PAST. OKAY. BECAUSE THERE'S ALL DIFFERENT TYPES OF PURCHASING HOMES AND AFFORDABLE HOME, AFFORDABLE HOMES. PEOPLE DO RENT HOMES, PEOPLE DO BUY TOWN HOMES. SO I'M JUST MAKING THAT CLEAR. SO IF IT'S PASSED THROUGH AND YOU SEE THE DEVELOPMENT AND YOU HAVE A FAMILY THAT'S COMING IN HERE THAT'S WANTING TO BUY A HOUSE, THEN THEY LIKE IT. THEY HAVE TO HAVE THE UNDERSTANDING THAT THIS IS A RENTAL PROPERTY ONLY, CORRECT? AT THE MOMENT. YES. OKAY. THANK YOU. IS IT, IS THAT SOMETHING Y'ALL COULD FIND OUT? LIKE, IF IT IS POSSIBLE? I, I THINK THE BUYER WOULD ALREADY KNOW WHAT THEY'RE BUYING SAYING IT'S POSSIBLE. SHE'S NOT THEIR INITIAL INTENT. MM-HMM. , RIGHT? WE DON'T ASK APARTMENTS TO DO THIS. SO I'M REALLY CURIOUS WHY WE'RE ASKING NICE TOWN HOMES TO DO THIS. I THINK IT FEELS A BIT D DISCRIMINATORY BETWEEN, ALL RIGHT. HANG, HANG ON, HANG ON. WE GOTTA HAVE WE GOT ONE PERSON AT A TIME. CUSTOMER. PARTIALLY. IT IS NOT, IT IS NOT IN REFERENCING TO DISCRIMINATE, IT'S TO JUST TO BE AWARE. FOR PEOPLE TO BE AWARE, RIGHT. THAT THESE HOMES AND THESE TOWN HOMES WILL BE RENTAL PROPERTIES, CORRECT? THAT IS CORRECT. CUSTOMER PARTIALLY. I JUST WANNA KNOW, UM, MAYBE THIS QUESTION IS FOR PAGE, CURRENTLY THERE IS A WHOLE SECTION THAT IS ZONE RETAIL SERVICES. SO I JUST, I'M NOT UNDERSTANDING WHY THERE IS A COMMENT SAYING WE WISH EVERYTHING COULD BE RETAIL, BUT IT CAN'T. HOW COME IT CAN'T IF WE DON'T RESIGN IT? IT COULD REMAIN RETAIL. CORRECT. BUT NOT ALL 54 ACRES. UH, I WAS SAYING THE WHOLE ACREAGE, BUT THE, THE WHOLE ACREAGE IS HALF OF IT'S ALREADY ZONED 34 INCREASES ZONED ONE WAY ALREADY. THEY WOULD HAVE TO ASK FOR IT TO GO TO RETAIL. THEY DON'T DO RETAIL AND I WOULD NEVER ASK 'EM TO DO THAT CUZ THIS IS THEIR LAND. BUT THE FRONT 20 ACRES IS STILL RETAIL. I WAS SAYING IDEALISTICALLY FOR THAT AREA. IF IT WAS ALL RETAIL, WE CAN'T, WE CAN'T MAKE SOMEBODY DO THAT. OKAY. I'M, WHAT I'M NOT UNDERSTANDING IS CURRENTLY THAT IS ZONE RETAIL, NOT ALL OF IT. OH, THAT'S WHAT IT IS SHOWING ME. SO IS THIS MAP WRONG? NO, THE FRONT, THE FRONT SECTION IS RETAIL. ALL THIS DOES, YOU ARE CORRECT. THIS DOES REDUCE THE AMOUNT OF RETAIL IN THE FRONT. IT DOES ADD SOME RETAIL IN THE BACK. OVERALL, THE TOTAL AMOUNT OF ACREAGE THAT IS DESIGNATED TO RETAIL WILL BE REDUCED. SOME YOU ARE, YOU ARE CORRECT. OKAY. AND THAT IS, THAT IS YOUR OBJECTION. IT'S, IT'S, I JUST WANNA MAKE SURE IT IS ALL RETAIL. IT COULD STAY RETAIL. THEY'RE JUST ASKING FOR A REZONING TO TAKE RETAIL OUT OF THAT. THEY'RE PUTTING SOME IN THE BACK. THAT IS TRANSPORTATION, UTILITIES. BUT RETAIL THAT IS CURRENTLY THERE, IF WE WEONE IT, IT WILL KNOW THEY'RE JUST TAKING THOSE 14 ACRES TO ADD TOWNHOMES. JUST WANNA MAKE SURE EVERYBODY KNOWS THAT THAT'S ALL THAT IS. CORRECT. ALL RIGHT. ROLL CALL, VOTE. I'M PRESENT. WHAT ARE WE DOING? ATTENDANCE? I WHAT ARE WE, WHAT ARE WE? NO CALLING? YES. OR DO YOU WANT THIS? YES OR NO? YEAH. AYE, BRADSHAW. AYE. HEISER. I DON'T KNOW AN OPTION. NO, IT'S NOT. I'M KIDDING. UH, NO. TOBI. AYE. PARSLEY, NAY, FLORES, KALE? YES. [03:15:01] MITCHELL? YES. ALL RIGHT. UH, ITEM PASSES FIVE TO TWO. UH, THIS WILL HAVE A SECOND READING. AND I DID WANNA, UH, ASK WHAT WAS THE OTHER ITEM THAT WE WERE GONNA, THIS WE WE'RE GONNA ASK THEM TO CONSIDER, OH, THE MATTRESS. THE, LIKE NO MATTRESS STORES. RIGHT? IF WE COULD, IF WE COULD, UM, CON KIND OF OVERLOOK WHAT GOES IN THERE. LIKE, YOU KNOW, NO DISCOUNT STORES. WELL, WE HAVE A, WE HAVE A STANDARD CLAUSE THAT WE'VE USED IN OTHER AGREEMENTS TO PREVENT CERTAIN USES THAT WE DIDN'T WANT TO SEE, ESPECIALLY ON A LIMITED AMOUNT OF RETAIL. SO I WOULD LOVE TO SEE THAT COME BACK AT SECOND, UH, SECOND READING. MM-HMM. . SO I'D LIKE TO MAKE A MOTION TO DIRECT STAFF TO WORK WITH A DEVELOPER TO BRING FORWARD THAT PROPOSAL AT SECOND READING. SECOND. ALL RIGHT. MOTION BY THE MAYOR. SECOND. MY COUNCILMAN FLORES KALES THEIR DISCUSSION ON THE MOTION. ALLS IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT, THANK YOU. WE'LL SEE YOU NEXT TIME. THANK YOU. THANK YOU. ALL RIGHT, ALL WE GOT ONE MORE OF THESE TO GO. ALL [29.   [Postponed 11/15/2022] Approve a development agreement between the City of Kyle and Plum Creek Developers, LLC (Joe Brooks). ~ Will Atkinson, Director of Planning ] [30.   [Postponed 10/15/2022] (First Reading) An ordinance amending Chapter 53 (Zoning) of the City of Kyle, Texas, for the purpose of rezoning approximately 18.84 acres of land from ‘RS’ (Retail Services) to ‘PUD’ (Planned Unit Development) for property located approximately 400’ southwest of the intersection of Marketplace Ave & City Lights Dr. in Hays County, Texas. (Joe Brooks - Z-22-0099) ~ Will Atkinson, Director of Planning   Planning and Zoning Commission voted 3-2 to recommend approval of the request.  City Council voted 6-0 to postpone first reading on 10/18/2022.   Public Hearing   The public hearing was left open at the 11/15/2022 Council meeting. ] RIGHT. NEXT UP IS AGENDA ITEMS 29 AND 30. UH, UH, THIS WAS POSTPONED IN OCTOBER AND NOVEMBER RESPECTIVELY. UH, AGENDA ITEM NUMBER 29 IS APPROVE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF KYLE AND PLUM CREEK DEVELOPERS LLC. UH, AND AGENDA ITEM 30 IS FIRST READING AN ORDINANCE AMENDING CHAPTER 53, ZONING IN THE CITY OF KYLE, TEXAS FOR THE PURPOSE OF REZONING. APPROXIMATELY 18.854 ACRES LAND FROM RS TO P U D FOR PROPERTY LOCATED AT APPROXIMATELY 400 UH, FEET, SOUTHWEST OF THE INTERSECTION OF MARKETPLACE AVENUE IN CITY LAS DRIVE IN HAYS COUNTY, TEXAS. UH, THIS IS ITEM HAS A PUBLIC HEARING. MR. ATKINSON. THANK YOU, UH, WILL ATKINSON FOR THE RECORD PLANNING DIRECTOR, UH, THE FIRST ITEM OF THE TWO IS THE DEVELOPMENT AGREEMENT RELATED TO ARCHITECTURAL STANDARDS. UH, FOR YOU, THIS IS KIND OF TURNED SIDEWAYS, SO I APOLOGIZE. IT'S JUST A, IT'S A SUPER WIDE IMAGE. UH, THIS IS THE MULTI-FAMILY THAT THEY'RE GONNA HAVE ON SITE IN THE R THREE THREE ZONING DISTRICT. AND THEN FOR THE, FOR THE RETAIL COMPONENTS OF IT, THESE ARE TYPICAL EXAMPLES OF WHAT WE EXPECT TO SEE WHEN THE, ON THE THREE ACRE SITE, WHEN IT DEVELOPS, AND JUST TO THE SOUTH ALSO AS WELL. UH, ALSO WITHIN THE DEVELOPMENT AGREEMENT, THEY HAVE AN ASPECT OF IT WHERE THEY HAVE TO BUILD THE, THE NORTH THREE ACRE SHELL BUILDINGS FOR THE COMMERCIAL FIRST BEFORE THEY GET ANY FINAL COS ON THE MULTI-FAMILY BEHIND IT. AND THEN ON THE, ON THE PUD ZONING ITSELF, UM, IT'S STILL THE SAME FOR WHAT WAS ORIGINALLY BROUGHT TO Y'ALL WITH, FROM, UH, THEY'RE WANTING TO DO THE, THE REZONING TO R THREE THREE AND RS. UM, BUT WITH THE TWO THINGS THAT ARE OUTSTANDING FROM THE LAST TIME Y'ALL BROUGHT THIS UP FOR CONSIDERATION, WE BELIEVE I'VE BEEN RESOLVED, UM, ONE OF THEM BEING THE TIMING OF WHEN THEY BUILD A RETAIL. AND THEN THE OTHER ONE WAS MAKING SURE THAT THE, UH, THAT THE STORM WATER ON THIS PROJECT, THE, THE, THE SHEET FLOW DOES NOT ADVERSELY AFFECT THE, THE SURROUNDING PROPERTIES WHEN IT, UH, IS IN A DEVELOPED STATE. SO IT WAS REVIEWED BY OUR ENGINEERING DEPARTMENT AND IT HAS BEEN FOUND COMPLIANT FROM AN ATLAS 14 STANDPOINT. I DO BELIEVE. LET ME DOUBLE CHECK. I DO BELIEVE THAT KHA IS ON THIS PHONE CALL. HE'S OUR STORMWATER ENGINEER. KHA. IF, IF Y'ALL HAVE ANY, IF YOU'RE HERE, WE'D LOVE TO HAVE YOU GO AHEAD AND SPEAK TO THE, THE FLOODING. THANK YOU FOR HANGING WITH US. UH, YES SIR. THIS IS HAB KOWA FOR THE RECORD. UH, FLOOD PLAN ADMINISTRATOR FOR THE CITY. UM, WE REVIEWED KNOW, UH, UM, QUITE BACK AND FORTH WITH ENGINEER DESIGNER ON THEIR SIDE. AND WE REVIEWED THE, THE PROPERTY WAS, UH, HAS APPROVED CLOER. THAT IS CONDITIONAL LETTER OF MAP PROVISION THAT IS SUBMITTED TO, UH, FEMA FEDERAL EMERGENCY MANAGEMENT AGENCY AND APPROVED, BUT THAT WAS PRIOR TO ATLAS 14. SO WE ASKED THEM TO REEVALUATE WITH ATLAS 14 BECAUSE THAT IS SIGNIFICANT CHANGE IN RAINFALL. SO AFTER THAT EVALUATION, UM, WE LOOKED AT WHETHER, UH, THIS SITE CAN PROVIDE, YOU KNOW, TO, UH, BOTH DRY INGRESS AND EGRESS DURING A HUNDRED AIR FLOOD SITUATION AND ALSO MEETS OTHER CRITERIA. UM, AS FOR OUR COLD AND UH, FLOOD REGULATIONS, UM, AT THIS POINT IT IS ONLY FLOOD PLAIN ANALYSIS REVIEW, NOT DEVELOPMENT REVIEW, BUT WE FOUND OR CONCLUDED THAT IT DOES MEET THE EXISTING CODE REQUIREMENT OF THE CITY. UM, [03:20:01] SO, UH, I THINK FROM ENGINEERING DEPARTMENT OR FLOOD PLANE STANDPOINT, UH, THE PROPOSED SITE IS, IT IS PROPOSED, MEETS EXISTING CODES AND CRITERIA. HE STEPPED OUT. HE STEPPED OUT. OKAY. WILL, DO YOU HAVE ANYTHING TO, UH, TO, TO ADD TO THAT? UH, YES, SIR. UH, I WOULD LIKE TO MAKE A NOTE THAT, UH, IN THE PUT ITSELF, UM, IN SECTION 13.3, UM, I RECOMMEND THAT WE, IF Y'ALL CHOOSE TO, UH, APPROVE THIS POD THAT WE CHANGED SECTION 13.3 TO PRETTY MUCH SAY RE RELATED TO PARKLAND DEDICATION, THAT THEY WILL PAY PARKLAND FEES VERSUS DEDICATING ANY LAND. OKAY. RECOMMENDATION WAS MADE FOR THE SECTION UNDER, IS IT UNDER THE ORDINANCE ITSELF? NO. YES, SIR. UNDER THE PUT ORDINANCE SECTION 13.3. OKAY. SO YOU'RE REQUESTING, AND THE REASON I SAY THAT IS BE GO AHEAD. YES, SIR. THAT THEY PAID THE FEES INSTEAD. BECAUSE THE, UH, THE WAY THE STORM WATER IS GOING TO WORK AT A REAL HIGH LEVEL IS IT'S EITHER GONNA GO NORTH OR SOUTH TO THE ADJACENT CHANNELS. AND SECTION 13.3 HAS A SECTION IN THERE WHERE IT, IT TALKS ABOUT THAT ONE OF THE PARCELS TO THE NORTH CAN BE USED AS PARKLAND DEDICATION POTENTIALLY, BUT AT THE SAME TIME, THE DEVELOPMENT ONLY OWNS THE EASEMENT OVER IT AND NOT THE LAND UNDERNEATH IT. SO WE NEED TO ACCOUNT FOR THAT IN THAT SECTION OF THE, OF THE, OF THE, PUT IT WAS AN OVERSIGHT ON OUR SITE, ON OUR SIDE. I DON'T KNOW WHO HAS THE FLOOR. OKAY. TH THIS ITEM HAS A, A PUBLIC HEARING, SO I'M GONNA GO AHEAD AND O OPEN THE PUBLIC HEARING IF THERE'S ANYONE WHO WISHES TO COME FORWARD AND SPEAK. GOOD EVENING, MAYOR AND COUNSEL. JOE BROOKS, OWNER OF THE PROPERTY CO-OWNER. I WANT TO ADDRESS THE COMMENT THAT WE'LL JUST MADE. UH, I WANT TO BE CLEAR ON WHAT WE'RE DOING THERE. THE PURPOSE OF THE DEDICATION WAS AT THE REQUEST OF PREVIOUS MEMBERS OF THE CITY IN CASE PARKS WANTED PEOPLE, OR THE CITY WANTED PEOPLE TO BE ABLE TO UTILIZE ANY OF THE SPACE AROUND THE DETENTION AREA. AND WE DIDN'T WANT PUBLIC RISK LIABILITY. SO IF THE CITY WANTS PUBLIC ACCESS, THE CITY, OUR ASK WAS TO TAKE A DEDICATION OF THAT AREA TO ALLOW THE PUBLIC ON IT, OTHERWISE IT'S PRIVATE AND NOT USED BY THE CITY. SO THE CITY DROVE THAT. SO I DON'T HAVE AN ISSUE WITH THAT. WITH RESPECT TO PARKLAND WAIVERS, WE'VE NOT ASKED FOR WAIVERS ANYWHERE BEFORE. WE'VE DEDICATED EASEMENTS FOR MARKETPLACE AVENUE. WE JUST LOST THROUGH THIS FLOODPLAIN PROCESS AND ACRE AND A HALF FOR WATER DETENTION NEEDS BECAUSE THE SOUTHERN BRIDGE OR MARKETPLACE DOES NOT COMPORT TO ATLAS 14. AND TO NOT OVERCHARGE IT, WE HAD TO GIVE UP REAL ESTATE TO PRESERVE THAT. SO WE WOULD LIKE YOU TO CONSIDER SOME WAIVER OF FEES, BUT IT'S NOT A END OF THE WORLD FOR US. ACTUALLY CONSIDER IT. I THINK WE'VE COMPORTED EVERYTHING ELSE THAT YOU ASK. UH, WITH RESPECT TO THE PREVIOUS DISCUSSION YOU WERE LOOKING AT, WE DID DO LIMITED USES IN OUR RETAIL. THAT MAY BE HELPFUL IN THAT CASE. AND THAT'S ALL I'VE GOT THEN, RIGHT? THANK YOU. IS THERE ANYONE ELSE? PLEASE STATE YOUR NAME FOR THE RECORD. HI, I'M ALEX ABADI. I OWN THE TWO PROPERTY ON THE NORTH SIDE. WELL, THE REAL, UH, QUESTION I HAD FROM DAY ONE WAS I THOUGHT THEY ARE DEDICATING MY PROPERTY TO THE CITY EVENT. THEY ARE NOT THE LEGAL OWNER. UH, THERE HAS BEEN AN EASEMENT ON THIS PROPERTY, WHICH ACCORDING TO THE PREVIOUS SELLER TO ME, UH, MR. BROOKS DIDN'T SATISFY, UH, [03:25:01] THE ITEMS HE HAD TO DELIVER FOR THE PROPERTY. SO I HAVE CHALLENGE, UH, I HAVE LEGAL CHALLENGE FIRST ON IF THERE IS A EASEMENT. THE SECOND IS, UM, FIRST WAS A DISCRETION OF A DETENTION POND AND A DEDICATION OF LAND, WHICH RIGHT NOW I THINK IT'S OFF THE TABLE. RIGHT. WILL IS THAT OFF THE TABLE? IT WAS A RECOMMENDATION BY ME TO NOT DEDICATE YOUR PROPERTY AS A PARKLAND. OKAY. SO, I MEAN, IN FUTURE WE MAY DO IT OURSELF, BUT I LIKE TO DO DEDICATE SOMETHING BY THE OWNER, NOT BY SOMEONE WHO DOESN'T HAVE AUTHORITY TO GIVE IT SECOND. RIGHT NOW, I SEE THAT, UH, WHEN I SEE THE MAP ON THE HUNDRED, UH, YEAR FLOOD PLANE, WHICH IS A HUNDRED FEET FROM THE CENTRAL LINE, MY QUESTION IS, HAVE THIS CENTER LINE CHANGED TOWARDS MY LAND? BECAUSE WHERE MR. BROOKS RIGHT NOW BUILDING IS, IS ON THE HUNDRED HUNDRED FEET TO THE CENTER LINE, IS THIS CENTER LINE HAS BEEN CHANGED. UM, THIS IS A PUBLIC HEARING, SO YOU'RE WELCOME TO MAKE COMMENTS AND THEN AFTERWARDS, UM, YOUR, YOUR QUESTION IS NOTED. AND SO COUNSEL CAN ASK, ASK THAT QUESTION, QUESTION OR CALL YOU, CALL YOU FORWARD. SO, UM, SO THAT WAS ONE OF MY CONCERN. UH, MY OTHER CONCERN IS, I DON'T KNOW AT THIS POINT I TALK TO, UH, MR. BROOK HAS BEEN WORKING WITH ME ALSO TO GET MY LAND PREPARED. SO I'M ALL FOR EVERYBODY AROUND ME TO ACTUALLY MAKE THAT PLACE A BETTER PLACE. HOWEVER, MY QUESTION NOW IS WHEN IN THIS SECTION YOU'RE TALKING ABOUT YOU'RE GOING TO USE HALF OF MY LAND FOR THE STONE WATER, WHAT EXACTLY THAT MEANS? I DID NOT AUTHORIZE AND I WILL NOT AUTHORIZE ANYBODY TO USE HALF OF MY LAND FOR A STORMWATER. AND MY NAME IS IN THIS AGREEMENT WITHOUT MY CONSENT AND WITHOUT MY INVOLVEMENT. ACTUALLY AT THIS POINT, I JUST HAVE THE REPORT TODAY, WHICH I'M NOT REALLY AN EXPERT. I THINK WE NEED SOME TIME ACTUALLY SEE IF IT HAS A NEGATIVE EFFECT. I HAVE 20 ACRE THERE, SO, AND I'M NOT SURE IF HAS A NEGATIVE EFFECT OR NOT. SO THESE ARE REALLY CONCERN I HAVE. AND FOR THAT I LIKE ALL THIS TO BE ADDRESSED, UH, BEFORE, UH, SO IN FUTURE WE DON'T HAVE MISUNDERSTANDING, AT LEAST ON MY PART OR WE HAVE ON RISK THAT WE COULD HAVE AVOIDED. THANK YOU. THANK YOU. UH, IS, UH, IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? I THINK I CAN ANSWER THIS QUESTION. OKAY. UM, WELL, WE'LL, WE'LL WAIT CUZ YOU'VE ALREADY CAME FORWARD ON THE PUBLIC HEARING. WE'LL GIVE YOU, GIVE YOU THAT CHANCE. IS THERE ANYONE ELSE? ALRIGHT, SEEING NONE, I'M GONNA CLOSE THE PUBLIC HEARING. PUBLIC HEARING IS NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? CUSTOMER FORK. THANK YOU. UM, SO I HAVE QUITE A BIT OF QUESTIONS. I DROVE BY THIS AREA, WE THIS WEEKEND AND, UM, I DON'T KNOW HOW TO DESCRIBE IT. SO WHEN I WAS LOOKING AT IT TO THE BACK IS, IS A RAILROAD TRACK. AND SO I WAS KIND OF CURIOUS AS TO WHAT THE EASEMENT IS FOR THE RAILROAD TRACK AND WHAT ARE THE LIMITATIONS FOR THAT AS WELL. AND THEN TO THE NORTH, THERE IS PLUM CREEK, UM, AND THEN TO THE LEFT, THERE IS NO WAY IN AND NO WAY OUT. SO I'M, AM I CORRECT IN SAYING THE ONLY WAY IN AND THE ONLY WAY OUT IS THROUGH MARKETPLACE Y? ARE YOU ASKING MYSELF MM-HMM. ? WELL WHO, IF ANYBODY ELSE HAS THE ANSWERS? WELL, YES, THE ANSWER IS YES. THERE'S, THERE'S ONE ROAD IN FRONT OF IT IN IT'S MARKETPLACE. THE, THE UNION PACIFIC RAILROAD HAVE HAS THEIR OWN RIGHT OF WAY, BUT IT'S SPECIFICALLY FOR THE RAILROAD TRACK. AND WHAT IS THAT RIGHT OF WAY FROM THE RAILROAD TRACK? WHAT'S THE EASEMENT FOR THE RAILROAD? IS THERE NINE? IF IT'S THEIR RIGHT OF WAY FOR THE RAILROAD TRACK, IT'S OKAY. AND HOW MANY FEET IS THAT FOR? NO, THEY ALREADY HAVE IT. IT'S, I DON'T KNOW THE ANSWER TO THAT. IT'S USUALLY TYPICALLY AROUND A HUNDRED FEET, UH, FOR TWO TRACKS SIDE BY SIDE. BUT IT CAN VARY A LITTLE BIT. OKAY. AND IN THE, IN THE EVENT THAT WE HAVE, UM, A 200 YEAR FLOOD, LET'S SAY 200, CUZ IT HAPPENS, UM, AND THAT MARKETPLACE IS CLOSED, HOW DO WE GET OUR FIRST RESPONDERS INTO THAT AREA? UM, DURING OUR REVIEW PROCESS? THIS IS HAB [03:30:01] NO, UH, DURING OUR REVIEW, WE POSE THOSE QUESTIONS, UH, AND THE DESIGN AND MODEL. SO YEAH, IT IS FROM MARKETPLACE, BUT THERE ARE TWO, UH, ENTRY AND EXIT POINTS BASED ON THEIR FIELD PLAN THAT WILL, UH, REMAIN HIGHER THAN A HUNDRED YEAR WHAT SURFACE ELEVATION. ALL RIGHT. CAN I, I'D LIKE TO ASK, UH, MS. KATHY RUCKER A QUESTION REGARDING STORM DRAINAGE. MAYOR, COUNCIL MEMBER KATHY RAKER FOR THE RECORD. ALL RIGHT, THANK YOU. SO IN THE EVENT THERE IS A HUNDRED OR A HUN 200 YEAR FLOOD, HOW THIS, HOW WILL THIS DEVELOPMENT, LOSING THE IMPERVIOUS COVERAGE IN THAT AREA, HOW WILL THAT AFFECT PLUM CREEK AND SPRING BRANCH CREEK? KHA HAS REALLY BEEN THE ONE THAT HAS BEEN FOCUSED ON THE DRAINAGE. SO WHEN YOU'RE TALKING ABOUT THAT KIND OF STUFF, I REALLY WOULD NEED TO GET WITH HIM. I, THOSE ARE KHA LEVEL CONVERSATIONS. BEING A DRAINAGE ENGINEER, I DON'T TYPICALLY GET INVOLVED AT THAT LEVEL. UM, SO I DON'T, SADLY, I, I MEAN, I WISH I COULD ANSWER YOUR QUESTION, BUT I JUST DON'T. UH, OKAY. I I DON'T, I DO KNOW KHA, KHA HAD SAID THAT BASED ON HIS REVIEW, I KHA, CORRECT ME IF I'M WRONG, THAT IT WAS NOT ON CONSTRUCTION PLANS, THAT IT'S JUST BASED ON THE SITE IS HAW. DID YOU SAY THAT? YEAH, I MEAN, AT, AT THIS POINT, SORRY, MY COMPUTER DOESN'T HAVE, UH, CAMERA. SO, UM, THIS IS KWAK. UH, AT THIS POINT WHAT WE REVIEWED IS THE FIELD PLAN AND FLOOD PLAN ANALYSIS BASED ON THAT FIELD PLAN. SO IT IS NOT FULL-BLOWN DEVELOP REVIEW. BUT, UH, TO ANSWER, IF I UNDERSTOOD CORRECTLY, AND TO ANSWER YOUR QUESTION, UM, THE SITE IS, FLOOD PLAIN ANALYSIS IS DONE FOR A HUNDRED YEAR EVENT. SO DURING A HUNDRED YEAR EVENT, THERE WILL BE ONE, UH, DRY INGRESS AND EGRESS AT THIS SITE. AND, UH, THAT IS ENGINEERING A STANDARD, UH, DESIGN, UH, TO USE A HUNDRED YEAR, UH, RAINFALL TEST. ANYTHING EVER HUNDRED YEAR IS NOT THE DESIGN FREQUENCY OF DESIGN EVENT. OKAY. CAN, WILL, CAN YOU TELL ME HOW CLOSE THIS DEVELOPMENT IS TO PLUM CREEK? WELL, IT'S, IT'S NEXT TO IT. THE, THE PLUM CREEK IS AT THE NORTH END OF IT, AND THEN THERE'S THE SPRING BRANCH TRIBUTARY TO THE SOUTH. BUT AS FAR AS I UNDERSTAND IT, WHEN KHA WAS REVIEWING THIS, THEY MADE SURE THAT THIS SITE COULD SURVIVE A HUNDRED YEAR EVENT WITH THE STORMWATER DRAINAGE. IS, IS THAT ACCURATE KHA OR YEAH. FROM YEAH, YEAH. FLOOD PLAIN STANDPOINT. AND, AND IS THAT A MAXIMUM OF A HUNDRED? SO, YEAH, I, I KNOW THE LAST ONE WE HAD WAS AT A 500 YEAR AND THAT WAS WHAT, 2018? UH, I CAN'T REMEMBER. 15 FLOOD EVENT WAS PROBABLY THE BIGGEST ONE. I THINK IN THAT TIME WITH THE RAINFALL DEPTH, I THINK WE ESTIMATED, OR WE WERE CONVINCED ABOUT IT WAS LIKE 750 YEAR EVENT. OH, JESUS. BUT RAINFALL DEPTHS CHANGED SIGNIFICANTLY SINCE THEN. SO WHAT WE USED TO CALL 500 YEAR EVENT PRIOR TO, LET'S SAY 2019, WE ARE CALLING IT HUNDRED YEAR EVENT NOW. SO THE POSSIBLE SEVEN 50 WOULD'VE BEEN EVEN HIGHER. YES. CAN YOU TELL ME HOW THAT KIND OF FLOODING COULD AFFECT THIS DEVELOPMENT? UH, I'LL BE GUESSING, UH, AT THIS POINT, BECAUSE I REVIEWED A HUNDRED YEAR, UH, WITH A HUNDRED YEAR IN MIND, UM, HAVING KIND OF SANDWICH BETWEEN ONE PLUM CREEK AND THE TRIBUTARY ENERGY, ANYTHING ABOVE HUNDRED MIGHT INUNDATED INGRESS AND EGRESS POINTS. UM, BUT THAT IS MY CASE AT THIS POINT. OKAY. THANK YOU. AND THANK YOU TO, UH, KATHY. UM, I APPRECIATE THAT INFORMATION. UH, AT THE END OF THE DAY, IT'S MY JOB TO KEEP, UM, RESIDENTS SAFE [03:35:01] AND, UM, I I, FOR ME, THIS IS REALLY UNCOMFORTABLE TO APPROVE. I KNOW THAT THEY DID THE A HUNDRED YEAR AND I, AND I APPRECIATE THAT. BUT, UM, I WOULD JUST FEEL REALLY AWFUL IF SOMETHING HAPPENED AND WE KIND OF HAD AN IDEA AND THAT, YOU KNOW, THIS ISN'T A GOOD LOCATION FOR, FOR MANY REASONS. UM, YEAH, SO I'M JUST GONNA SAY I'M NOT REALLY IN SUPPORT OF THIS. OTHER COMMENTS? WELL, UM, SO A COUPLE THINGS. NUMBER ONE, AS IS, AS IS ALWAYS THE CASE WHEN IT COMES TO IMPERVIOUS COVERAGE, THE DEVELOPMENT IS REQUIRED TO RECEIVE OR TO RETAIN THE WATER THAT IT DISPLACES FROM THE IMPERVIOUS COVERAGE SO THAT IT DOESN'T INCREASE THE FLOWS. AND THEN NUMBER TWO IS THAT BASED ON THE ENGINEERING REPORT, UH, THIS PROJECT MEETS THE FLOOD STANDARDS THAT WE REQUIRE THROUGHOUT THE CITY. SO THERE, I DON'T, I DON'T KNOW HOW YOU CAN MAKE A DETERMINATION THAT THIS DOES, THAT THIS PROJECT WOULD BE MORE SUSCEPTIBLE TO FLOODING WHEN ALL PROJECTS NEAR, UH, UH, OR WITHIN THE CITY ARE REQUIRED TO BUILD TO THIS PARTICULAR STANDARD. SO IT SEEMS TO ME THAT THEY'VE ACHIEVED THE STANDARD THAT IS REQUIRED BY US IN THE CITY, AND WE'VE INCREASED THOSE STANDARDS AFTER THE 2015 FLOOD TO INCLUDE, UH, THE REQUIREMENT THAT THAT CONSTRUCTION, THE BASE LEVEL OF CONSTRUCTION BE TWO FEET ABOVE THE 100 YEAR FLOOD, OR AT THE LEVEL OF THE 500 YEAR FLOOD, WHICHEVER IS HIGHER. UH, SO THAT'S THE STANDARD THAT THEY MUST DEVELOP BY. IT'S NOT A JUDGMENT CALL BY COUNCIL OR THE DEVELOPER. UH, IT IS A STANDARD THAT WE'VE ADOPTED. SO I, YOU KNOW, THE, I THINK THAT THE FLOODING, UH, QUESTIONS, UH, ARE CERTAINLY MATTER, BUT IT'S A QUESTION THAT HAS DELAYED THE APPLICANT FOR SOME TIME MAKING SURE THAT THEIR PROJECT IS PROPERLY ENGINEERED AND VETTED THROUGH, UH, THROUGH CITY STAFF. AND SO FOR ME, AS IF CITY STAFF IS, UH, ACCEPTING OF THE FACT THAT THE FLOODPLAIN, UH, WILL NOT BE ENCROACHING UPON THE DEVELOPMENT, AND THAT THE DEVELOPMENT IS PROPERLY ENGINEERED TO HANDLE THE FLOOD WATERS, UH, AS WAS NOTED, UH, MARKETPLACE WASN'T EVEN ENGINEERED TO THAT STANDARD BECAUSE MARKETPLACE WAS BUILT BEFORE THE 2015 FLOOD. SO THIS WILL BE TO A HIGHER STANDARD THAN THE CITY BUILT, UH, ON. ITS, UH, THERE. UH, AND THEN JUST IN ADDITION, AS A REMINDER, THAT LAND WAS DONATED BY MR. BROOKS, UH, WITHOUT COMPENSATION, AND HE DID LOSE ADDITIONAL LAND, UH, AS WELL AS ALL THE PROJECTS IN THIS AREA LOST LAND, JUST LIKE THE, UH, WORD PLACE DID, UH, WHEN THE FLOODPLAIN WAS REVISED TO, TO ACCOUNT FOR THE MAJOR FLOODS THAT TOOK PLACE DURING THAT TIME. SO THERE IS SOME LAND THAT IS STILL DEVELOPABLE. SO THE QUESTION REALLY FOR ME BECOMES IS THE LAND USE, WHICH IS WHAT THIS IS PROPOSED, WHAT THE ZONING CASE IN FRONT OF US IS PROPOSING, IS THAT AN APPROPRIATE LAND USE? UH, AND FOR ME, UH, A MIXED USE, MULTI-FAMILY RETAIL COMBINATION THAT ASSURES RETAIL DEVELOPMENT, UH, IN THE INTERIOR CORE OF THE CITY, UH, LIKE THAT IS, IS AN APPROPRIATE USE. UH, BUT THAT'S FOR THE COUNCIL TO, UH, TO DETERMINE, I DON'T KNOW WHAT USE WOULD BE MORE APPROPRIATE THERE, UH, THAN WRAPPING, UH, RETAIL WITH, UH, WRAPPING MULTI-FAMILY WITH RETAIL. SO, UM, I DO UNDERSTAND THE CHALLENGE, BUT WE NEED TO QUESTION COUNCIL HEISER, JUST, UM, WE, I FEEL LIKE WE JUST HAD A SIMILAR CONVERSATION WITH THE LAST DEVELOPMENT ON THE REZONING ON THE EAST SIDE TALKING ABOUT TRAFFIC INCREASES AR IN AND AROUND THE AREAS WHERE THE DEVELOPMENT WOULD TAKE TAKE PLACE. AND IF WE'VE ALREADY ESTABLISHED THAT MARKETPLACE IS THE ONLY WAY IN AND OUT FOR NOT ONLY ANYONE COMING THROUGH BURLESON 2 35 PLUM CREEK, UH, UM, UH, SPRING BRANCH, UM, WHAT'S THE ONE RIGHT BEHIND, UH, CAN'T REMEMBER THE NAME OF THE OTHER, UH, DEVELOPMENT THAT'S RIGHT ALONG THE TRAIN TRACKS, BUT WE'RE ONLY ADDING MORE MULTI-FAMILY TO AN AREA THAT IS BOUND TO GET CONGESTED. AND, UM, GIVEN I JUST VOTED NO FOR REASONS THAT I JUST ESTABLISHED, I DON'T, I DON'T KNOW HOW I CAN SUPPORT SOMETHING LIKE THIS, ESPECIALLY KNOWING HOW MANY, UH, OF VOTERS THAT I TALKED TO WHEN I SAY VOTERS WHEN I WAS CAMPAIGNING, TELLING ME THAT THEY DON'T WANT MORE MULTI-FAMILY. SO, UM, APOLOGIES MR. BROOKS. BUT, UM, YEAH, TAMMY, COMMENT, UH, CUSTOMER ZUNIGA. YEAH. SO I GUESS WILL AND KHA ARE, [03:40:01] WE WE'RE BUILDING TO THE HIGHEST STANDARD, OR WE'RE LOOKING AT THIS TO THE HIGHEST STANDARD IN THE FLOODPLAIN USING A HUNDRED YEAR FLOODPLAIN MODEL. UM, AND WE CAN'T GO A HIGHER STANDARD BECAUSE, BECAUSE OF WHAT, BECAUSE WE'RE NOT LOOKING AT A MORE EXTREME. I JUST WANNA MAKE SURE THAT IF, IF THERE IS A MORE ROOM FOR A HIGHER STANDARD IN THIS FLOODPLAIN IN, IN TERMS OF WHAT THE CITY CAN DO, UM, ARE WE MEETING THAT, UH, UH, WITHIN THE MODEL WITHIN THE A HUNDRED YEAR MODEL THAT WE'RE, THAT WE'RE KIND OF BASING THE DATA OF ON, I MEAN, CURRENT, UH, CURRENT CODE AND CURRENT STANDARD IS TO USE A HUNDRED YEAR, UH, RAINFALL DEPTH AND A HUNDRED YEAR, UH, FREQUENCY. THAT'S WHAT IT IS USED IN MODEL. AND THERE ARE A COUPLE THINGS WE DO, UH, HIGHER STANDARD, KEEP HIGHER STANDARD THAN SOME OTHER CITIES, UM, IS ONE IS USING TWO FEET ABOVE A HUNDRED YEAR WATT SURFACE ELEVATION. IN GENERAL, IT IS, UH, MOSTLY ONE FOOT. SO WE ARE ADDED ONE EXTRA FOOT THAT IS FOR WHOLE CITY, NOT ONLY TO THIS PROJECT THAT IS, UH, THAT WE REVISED AFTER 2015 FLOOD UNDERSTANDING ACTUALLY AFTER HARVEY'S, UH, UH, EVENT, UH, LOOKING AROUND. AND THEN, UH, OTHER CITIES ARE, WERE CHANGING TOO, TO ADAPT HIGHER WATER SURFACE ELEVATION. THAT IS, I'LL SAY, YOU KNOW, MORE RESTRICTOR THAN YOU KNOW, SOME OTHER CITIES. OKAY. UH, AND ALSO WE, WE ARE ADAPTING, WE ADAPTED AND BACK IN 2020, A HUNDRED FOOT OF BUFFER, MEANING FROM THE CENTER LINE OF THE, ANY CREEK A HUNDRED FEET ON EITHER SIDE OF THAT CREEK, UH, OUR ALMOST UNTOUCHABLE DEVELOPMENT WISE, THEY NEED TO LEAVE 200 FEET OF AREA TO CARRY, UM, FLOODED WATER. SO THOSE TWO ITEMS ARE, YOU KNOW, ARGUABLY BETTER THAN, UH, INDUSTRY-WIDE STANDARD. UM, THIS SITE, UH, AS I PRESENTED OR SAID EARLIER, IS DESIGNED FOR A HUNDRED YEAR. THAT IS, THAT IS TYPICAL INDUSTRY STANDARD. SO IF, WHERE WOULD, WOULD THE HIGHEST PROBABILITY BE TO SEE THE FLOODING, UH, AT THAT SITE? WOULD IT BE ON THE I 35 RAMP? BECAUSE THAT, ISN'T THAT THE, THE LOW SPOT IF THERE WAS HEAVY RAINS? OR WOULD WE SEE MORE OF THAT OVER INTO THE OTHER SIDE OF 35? LIKE MY CONCERN IS, WOULDN'T IT FLOOD? UH, THE RAMP OF I 35? IT, UH, THERE IS A CULVERT, EVERYTHING, UH, BOTH OF THESE, UH, GO INTO THE CULVERT OF I 35 MM-HMM. , UM, MOST OF FLOOD CARRYING CAPACITY DOWNSTREAM FROM THAT POINT IS LIMITED BY THAT CULVERT. SO THIS AREA, THERE WILL BE SOME BACKWATER EFFECT UP TO CERTAIN POINT UNTIL IT OVERTOPS I 35, WHICH WILL BE REALLY HUGE EVENT. UM, AND I DON'T THINK ANYTHING AS FROM ENGINEERING STANDPOINT IS DESIGNED FOR THOSE KIND OF MEGA EVENTS. THANK YOU. YEAH, I THINK PART OF THE CONFUSION IS THAT BECAUSE WE'RE TALKING ABOUT, NORMALLY WE DON'T LOOK AT ZONING MAPS, YOU KNOW, EVERY, EVERY PIECE OF LAND THAT'S COMING BEFORE THIS, UH, IF SOMEBODY WANTS TO DEVELOP IT, THEY HAVE TO ISSUE A SITE PLAN THAT ACCOUNTS FOR FLOODING. BUT THAT DOES NOT COME TO US HERE. UH, IT GOES STRAIGHT TO ENGINEERING, ENGINEERING MAKES A REVIEW, DETERMINES WHETHER OR NOT IT IS COMPLIANT. SO THERE ARE PROJECTS GOING ON ALL OVER TOWN THAT ARE FOLLOWING THIS EXACT SAME STANDARD, INCLUDING, UH, IN AND AROUND AND NEAR TRIBUTARIES, PLUM CREEK, WATERSHEDS AND, AND THE LIKE. SO THIS IS JUST BEING BROUGHT UP BECAUSE IT WAS ORIGINALLY IN THE FLOODPLAIN, UH, AND THEY HAD TO, THEY HAD TO CONDUCT ENGINEERING. THEY HAD TO DO THEIR DUE DILIGENCE TO DESIGN THE CONSTRUCTION SO THAT IT WOULD NOT BE, SO THAT IT WOULD FALL TO THE SAME STANDARD, UH, AS EVERY OTHER PROJECT THAT COMES BEFORE THEM. SO, YOU KNOW, AND AGAIN, THIS IS, UH, A MIXED [03:45:01] USE ZONING. UH, IT HAS BEEN THE MOST EFFECTIVE ZONING TO BRING RETAIL DEVELOPMENT TO THE CITY OF KYLE THAT WE'VE HAD SINCE WE'VE STARTED DOING THESE KINDS OF ZONING, ZONING PROJECTS. UH, OUR RETAIL HAS, UH, DEVELOPMENT HAS EXPLODED. SO, IN MY MIND, MARKETPLACE IN PARTICULAR IS THE IDEAL. AND, AND THOSE, THOSE PARTICULAR LOTS ARE IDEAL FOR, UH, A MULTI-FAMILY, UH, RETAIL MIXED USE, UH, TYPE OF PROJECT. SO FOR, FOR MYSELF, UH, THE, THE LAND USE MAKES THE MOST SENSE. BUT WE'VE ALL LOOKED AT IT, WE'VE ALL CONSIDERED IT, WE ALL CAN MAKE THOSE DETERMINATIONS. UH, WE MAY NOT BE ABLE TO GET A VOTE CALLED, UH, FRANKLY, I DON'T EVEN KNOW. BUT WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE SECOND MOTION BY THE MAYOR, SECONDED BY MAYOR PRO. TIM, IS THERE DISCUSSION ON THE MOTION? I DIDN'T HEAR THE MOTION. I'M SORRY. MOTIONS TO APPROVE. OKAY. AND THE P AND D VOTES WERE STILL 29 30. I'M SORRY, SAY THAT AGAIN. THE P AND Z VOTES. WHAT, WHAT, WHAT WERE THE NOS ON THERE? ALSO? UH, WHAT WERE THE NOS ON THE P AND Z, MR. ATKINSON? OH, GIMME JUST A MOMENT. THREE TO TWO. DO WE, DO WE KNOW WHY WILL? IT WAS, YEAH, IT WAS THREE TO TWO, BUT THE QUESTION IS WHY, WHAT, WHAT WERE THE TRACTORS? WERE THEY FLOODING CONCERNS BECAUSE ENGINEERING CONCERNS? NO, IT WAS MOSTLY RELATED TO THE STATED ACREAGE AND THE PUBLIC NOTICE THAT WE, WE ACCOUNTED FOR IN THE PUD ZONING. UH, THEY WERE A LITTLE BIT DIFFERENT AND WE WORKED THAT INTO THE CODE TO MAKE IT WORK AND MAKE IT MORE FLEXIBLE, UM, BASED ON THE, WHAT THE STAFF REPORT SAYS. SO IT'S NOT AN ISSUE. UM, WE'VE ACCOUNTED FOR IT ALREADY ADEQUATELY, SO, BUT, UM, BUT YEAH, THAT'S WHAT THE DISCUSSION WAS ABOUT WAS THE ACREAGE. SO, WE'LL, TO CLARIFY, THE ACREAGE WAS DIFFERENT AS PUBLISHED IN THE NOTICE AS COMPARED TO WHAT WAS ACTUALLY CORRECT, BUT WITH GOING TO HAPPEN AND STAFF WORKED CORRECT ON MAKING THAT ACCOMMODATION TO MAKE THAT WORK, CORRECT? YES. WITHIN THE PUD DOCUMENT ITSELF, I DON'T KNOW IF THAT HELPS CLARIFY ANYTHING, BUT, ALL RIGHT. ANYTHING ELSE? ROLL CALL. VOTE HIER. NO. MITCHELL? YES. PARSLEY, NAY. ZUNIGA? NO. FLORES KALE? NO. BRADSHAW. AYE. TOBIAS? AYE. ALL RIGHT. MOTION FAILS. FOUR TO THREE. ALL RIGHT. NEXT [31.  (First Reading) An Ordinance of the City of Kyle, Texas, Amending Division 2, Chapter 38, of the City of Kyle Code of Ordinances to add Section 38-112 Requiring any Person Excavating within the Public Right-Of-Way to Obtain Line Location Information; Addressing Construction Around Marked and Unmarked Utility Lines within the Public Right-Of-Way; Providing a Penalty; Providing an Effective Date; and Providing for Related Matters. ~ Harper Wilder, Director of Public Works] UP. AGENDA ITEM 31, FIRST READING AN ORDINANCE OF THE CITY OF COLL TEXAS AMENDING DIVISION TWO, CHAPTER 38 OF THE CITY OF CAL CODE OF ORDINANCES TO ADD SECTION 38 DASH ONE 12, UH, REQUIRING ANY PERSON EXCAVATING WITHIN THE PUBLIC RIGHT OF WAY TO OBTAIN LINE LOCATION INFORMATION ADDRESSING CONSTRUCTION AROUND MARKED AND UNMARKED UTILITY LINES WITHIN THE PUBLIC RIGHT OF WAY, PROVIDING A PENALTY, PROVIDING AN EFFECTIVE DATE, PROVIDING FOR RELATED MATTERS. GOOD EVENING, MAYOR AND COUNSEL, AMBER LEWIS, ASSISTANT CITY MANAGER FOR THE RECORD. I'M PINCH HITTING FOR HARPER TONIGHT AT A FAMILY EMERGENCY THAT HE NEEDED TO LEAVE FOR. UH, SO, UH, AT A PREVIOUS MEETING, COUNSEL ASKED, UH, STAFF TO BRING BACK AN ORDINANCE TO, UH, ENSURE THAT POTHOLING WOULD BE PERFORMED IN, UH, THE RIGHT OF WAY, THE CITY RIGHTS AWAY PRIOR TO EXCAVATION. AND SO THIS ORDINANCE ENSURES THAT THAT WILL HAPPEN. UH, THEY NEED TO LET, UH, THEY NEED TO NOTIFY, UM, STAFF BEFORE 48 HOURS PRIOR TO THE WORK. AND POTHOLING MUST BE DONE BY HAND OR WITH PNEUMATIC TOOLS, BUT IT CANNOT BE MECHANICAL EXCAVATION. AND SO WHAT THIS DOES IS LIMIT, IT WILL CUT DOWN ON THE NUMBER OF TIMES THAT A GAS LINE IS STRUCK, WHICH IS WHAT WAS CAUSING THE PROBLEM, AND FOR THE REASON FOR THIS ORDINANCE BEFORE YOU TONIGHT. AND SO THERE'S A ZONE, A TOLERANT ZONE, IT'S 36 INCHES. IF THEY DO NOT SEE THE PIPE, THEY NEED TO CALL PUBLIC WORKS OUT, AND THEY NEED TO DO A RELOCATE. IF THEY SEE THE PIPE, THEY NEED TO CALL PUBLIC WORKS OUT. SO BASICALLY, PUBLIC WORKS WILL BE INVOLVED WITH THIS POT HOLDING EFFORT THROUGHOUT, [03:50:01] AND THEN IF THEY DON'T COMPLY, THEY CAN RECEIVE A FINE KNOT TO EXCEED $500 PER DAY PER OFFENSE. ALL RIGHT. DOES ANYBODY HAVE ANY QUESTIONS FOR STAFF? COUNCILOR BRACHA? MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 31 SECOND. SECOND, MOTION BY COUNCILMAN BRACHA, SECONDED BY COUNCILMAN FLORES KASER. DISCUSSION ON THE MOTION? ALL IN FAVOR SAY I. OH, AYE. , I DON'T MEAN, I'M KIDDING. ALRIGHT, HANG ON. I'M GONNA PULL THAT BACK. COUNCILMAN FLOOR SCALE. SORRY. JUST QUICKLY, I WANNA SAY THANK YOU GUYS SO, SO MUCH. I REALLY APPRECIATE IT AND I APPRECIATE HOW FAST IT CAME BACK. AND THAT'S IT. ALL RIGHT. THOSE PAPER SAY, AYE, ME, MAYOR. OH GOSH. . SORRY, , I APOLOGIZE. UH, PAGE, UH, WOULD LIKE TO ADD ONE MORE REFERENCE TO THIS IN SECTION, UH, 38 DASH 180 3, THERE'S ANOTHER ARTICLE GOVERNING WORK IN THE RIGHT OF WAY. SO SHE HAD ONE SENTENCE THAT SHE WANTED TO ASK, RIGHT? SPEAK. SPEAKING OF FAST, WE JUST WANNA COVER ONE OTHER SECTION OF THE CODE WHERE THIS WAS ADDRESSED. IN 38 DASH 180 3, ADD A SENTENCE AT THE END OF THAT SECTION THAT SAYS THE INSTALLER OR PERSON CAUSING THE INSTALLATION TO OCCUR SHALL FURTHER COMPLY WITH THE REQUIREMENTS OF SECTION 38 DASH 12, WHICH IS WHAT Y'ALL ARE ADOPTING. SO, SO YOU NEED US TO AMEND THE MOTION? YES, PLEASE. TO ADD JUST THAT SENTENCE THAT I JUST, JUST READ. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO AMEND THE MOTION TO ADD THE LANGUAGE THAT MS. SYS JUST READ. SECOND. ALL RIGHT. MOTION BY THE MAYOR. SECONDED BY COUNCILMAN FLORES. KALER. DISCUSSION ALL IS IN FAVOR, SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION. CARRIE, SEVEN TO ZERO. NOW WE HAVE THE ORIGINAL MOTION ON THE TABLE. UH, SO ALL AS IN FAVOR, SAY AYE. AYE. ALL OPPOSED? MOTION CARRIES. SEVEN TO ZERO. ALL RIGHT, NEXT [32.  [Postponed 1/3/2023] Consideration of amendments to the City’s alcohol sale permit and license applications and annual fees pursuant to maximum permitted fees as established by the Texas Alcoholic Beverages Commission September 1, 2021 rates. ~ Paige Saenz, City Attorney] UP IS AGENDA ITEM 32. THIS ITEM WAS ORIGINALLY POSTPONED ON THE THIRD, UH, CONSIDERATION OF AMENDMENTS TO THE CITY'S ALCOHOL SALE PERMIT AND LICENSE APPLICATION AND ANNUAL FEES PURSUANT TO A MAXIMUM PERMITTED FEES AS ESTABLISHED BY THE TEXAS ALCOHOLIC BEVERAGE COMMISSION. SEPTEMBER 1ST, 2021 RATES. MS. SONS MAYOR COUNSEL PAGE, SAN CITY ATTORNEY FOR THE RECORD. UH, THIS IS BACK BEFORE YOU BECAUSE YOU HAD A QUESTION ABOUT WHETHER BUTTA AND SAN MARCOS CHARGED THE THE ALCOHOL BEVERAGE PERMIT FEES. AND THE ANSWER IS YES. UH, STAFF REACHED OUT AND GATHERED THAT INFORMATION AND IT IS NOW BEFORE YOU. OKAY. DOES ANYBODY HAVE ANY QUESTIONS OR MOTIONS? COUNCIL FSCO, DO THEY CHARGE THE STATE? UH, LIKE HALF OF WHAT THE STATE IS? I KNOW YOU CAN CHARGE A MAX AMOUNT, AND THAT'S LIKE HALF OF WHAT THE STATE CHARGES. AND I WAS CURIOUS AS TO WHAT THEY CHARGED. I BELIEVE, I BELIEVE THAT IS WHAT THEY CHARGED HALF OF WHAT THE STATE FEE CHARGES. OKAY. SO I'M GONNA, I'M GONNA SAY THIS. I, I DON'T KNOW WHY THEY GOT RID OF THIS TO BEGIN WITH. I KNOW THIS WAS HERE A WHILE AGO AND NOW IT'S COMING BACK AND I UNDERSTAND, DO WE HAVE TO BE ALL HARDCORE AND GO ALL OUT? CAN WE, CAN WE MAKE IT LIKE INCREMENTAL SO WE'RE NOT HITTING ALL THESE BUSINESSES AT ONE TIME? SO MAYBE THE FIRST YEAR WE DO, YOU KNOW, 20%, 40, YOU KNOW, GO UP TO LIKE THREE OR FOUR YEARS OF FULL HALF A AMOUNT WORTH OF CHAR WITH THE ESTATE CHARGES. DOES THAT MAKE SENSE? JUST TO GIVE SOME, I KNOW WE'RE ALL ABOUT SMALL BUSINESSES AND WE'RE ABOUT TREATING BUSINESSES GOOD. I DON'T WANT TO JUST, ALL OF A SUDDEN THEY COME IN AND NOW THEY GOT LIKE AN EXTRA $2,000. YOU WANNA MAKE IT GRADUAL? YEAH. GRADUAL GRADUATION. MM-HMM. , UM, COUNCIL HEISER, IS THIS SOMETHING, IS THIS, UH, THIS TAX SOMETHING WE'VE SUPPOSED TO BEEN COLLECTING BUT HAVEN'T, IS? I FEEL LIKE THAT'S BEEN SAID TO ME BEFORE. UM, I'D LIKE TO DEFER TO THE CITY SECRETARY FOR THE BACKGROUND. MY UNDERSTANDING IS THAT THE COUNCIL AT SOME POINT DID AWAY WITH CHARGING THE FEE, UH, IN ORDER TO BE MORE FRIENDLY TOWARDS THE BUSINESSES, BUT THE ORDINANCE ON FILE NEVER GOT CHANGED. AND SO WE DO NOT CHARGE THE FEE, BUT THE ORDINANCE SAYS THAT WE SHALL CHARGE A FEE, AND THAT IS WHY THIS ITEM CAME BEFORE COUNSEL. NOW TO SAY WE DON'T WANNA CHARGE A FEE, OR WE DO WANNA CHARGE A FEE AND MAKE OUR ORDINANCE UPDATED TO SAY EXACTLY WHAT COUNCIL WANTS. DO WE HAVE ANY IDEA OF WHAT ANTICIPATED REVENUE WOULD LOOK LIKE IF WE WERE TO DO THIS MM-HMM. , OR IS THAT SOMETHING WE CAN FIND OUT AND BRING BACK TO US? MM-HMM. ? YES. YES, WE DO HAVE AN IDEA OF WHAT IT WOULD BE. OR, YES, WE COULD BRING THAT BACK. WORK ON THAT. WE COULD BRING THAT INFORMATION BACK. I DON'T THINK WE HAVE THAT INFORMATION. I DON'T HAVE A CURRENT LIST OF ALL THE BUSINESSES. UM, BUT I CAN WORK WITH, UH, T A B C TO [03:55:01] GET A LIST. UM, BUT I DON'T HAVE ONE RIGHT NOW. I JUST HAVE PEOPLE THAT COME IN WITH THEIR NEW BUSINESS APPLICATION FOR SELLING ALCOHOL AND THAT'S IT. SO THEY DO USE STAFF TIME AND RESOURCES WHEN THEY COME IN AND APPLY. I HAVE TO REVIEW THEIR APPLICATION, SEE IF THE ZONING'S APPROPRIATE, THAT SORT OF THING. UM, IS IT IN INTENSIVE? HOW LONG DOES IT TAKE GENERALLY? IT, IT VARIES. USUALLY I CAN FIND IT PRETTY QUICK. UM, EVERY NOW AND THEN I'LL HAVE TO REACH OUT TO OUR GIS STAFF AND HAVE THEM CONFIRM. UM, THE OTHER THING THAT I THOUGHT I'D MENTIONED IS WHENEVER I WAS LOOKING IN THE OLD MINUTES, UM, TO TRY TO FIND WHERE THE COUNCIL ACTUALLY TOOK THIS ACTION, I, I DID NOT FIND IT, BUT THEY USED TO APPROVE A CONDITIONAL USE PERMIT FOR EACH, UM, INSTANCE OF ALCOHOL SALES. AND AT SOME POINT THAT WENT AWAY AS WELL. AND WHAT I DID LEARN IN REACHING OUT TO CITY OF SAN MARCOS IS THAT THEY CHARGE A CONDITIONAL USE PERMIT FEE, UM, IN ADDITION TO THE TA ABC APPLICATION FEE. UM, I DIDN'T GET A RESPONSE BACK FROM BUDDA ABOUT WHETHER THEY HAVE ANY FEES LIKE THAT. MAYOR PROAM, UH, I, I CAN UNDERSTAND WHERE I THINK PAST COUNSELS WERE JUST TRYING TO USE THIS AS AN INCENTIVE TO GET BUSINESS TO COME IN. CORRECT. POSSIBLY BACK THEN AND SAY, HEY, WE'LL WAIT A FEES AS LONG AS YOU COME. UM, BUT DO WE FEEL THAT WE NEED TO GO AHEAD AND STAY ACCURATE WITH OUR ORDINANCE? IF WE'RE GONNA BE FOLLOWING THE ORDINANCES, SHOULD WE GO BACK TO WHERE ARE WE GONNA BE CHARGING THE FEES? BUT THEN AGAIN, THE FLIP SIDE IS YOU GOT NEW BUSINESS OWNERS THAT ARE SAYING, HEY, THAT'S GONNA COST ME RIGHT OUT THE BAT OUTTA MY POCKET. AND PEOPLE THAT ARE ACTUALLY IN BUSINESS GOING, HEY, WAIT A MINUTE, NOW I HAVE A FEE. I'VE BEEN DEEMED TO PAY ALL THIS TIME. SO WE'RE GONNA HAVE TO DECIDE AND JUST KIND OF SEE WHAT WE'RE GONNA DO, OR WE'RE GONNA FOLLOW THE ORDINANCE THAT'S ALREADY IN PLACE LIKE WE ALWAYS DO WITH EVERYTHING ELSE. OR ARE WE GOING TO GO, GO AHEAD AND, UH, FOLLOW THROUGH ON THAT AND REQUIRE THOSE FEES? BUT I THINK TO BE FAIR, LIKE WHAT EVERYBODY'S ASKING IS, LET'S GET THE DOLLAR AMOUNTS TO SEE WHERE WE'RE AT, TO SEE HOW MUCH OF AN IMPACT IT WOULD HAVE SMALL BUSINESSES. AND TO BE FAIR ON THAT, TO SAY, HEY, LOOK, THIS IS WHAT HAPPENED IN THE PAST, BUT TO MOVE FORWARD, THIS IS WHERE WE'VE GOTTA BE. SO WE'RE ALL IN COMPLIANCE. SO ANYBODY THAT COMES IN NEW WILL HAVE A FAIR SHOT AND A FAIR ADVANTAGE TO WHERE THIS HAS BEEN THE RULES AND THIS IS WHAT, WHAT'S REQUIRED GOING FORWARD. SO I'D LIKE TO MAKE A MOTION TO HAVE DIRECT STAFF TO BRING BACK THE, UM, THE DOLLAR, THE NUMBERS FOR THE SALES TAX FOR THE SECOND SET, AND ALSO THE, A LISTING, A LISTING OF BUSINESSES THAT, UH, ARE REQUIRED UNDER THIS RULE SO WE CAN HAVE A, A RECORD. MM-HMM. , DOES THAT MOTION SOUND OKAY? ACCURATE? YES. SAY AGAIN. ALL RIGHT. SO THE, THE MOTIONS TO, UH, IS TO POSTPONE THIS ITEM AND TO DIRECT STAFF TO BRING BACK, UH, FISCAL ANALYSIS ON THE IMPACT. YES. MM-HMM. , UH, AND TO, UH, BRING BACK A LIST OF BUSINESSES THAT WOULD BE IMPACTED AS WELL IF WE WERE TO FOLLOW THE ORDINANCE. SO SOME FISCAL ANALYSIS AROUND THAT. UM, PERVEZ, DOES THAT SEEM LIKE SOMETHING YOU COULD HELP WITH? YOU THINK? I'LL HAVE TO WORK WITH THE SAME STUFF HERE. OKAY. PUT SOMETHING TOGETHER. THANK YOU, SIR. OKAY. AND SO BOTH THE, BOTH THE ORDINANCE AND THE ANALYSIS WILL COME BACK AND THE ANALYSIS WILL BE ATTACHED TO THE BACKUP, SO WE CAN LOOK AT IT AHEAD OF TIME? YES. ALL RIGHT. TO TO BE CLEAR, WE DON'T, WE DON'T HAVE AN ORDINANCE IN THE BACKUP BECAUSE WE DON'T KNOW WHETHER WE WANT TO AMEND THE ORDINANCE OR NOT. NO, I'LL WAIT FOR THAT. CAN WE HAVE WELL, BUT YOU CAN STILL ATTACH THE CURRENT ORDINANCE TO THE BACKUP, RIGHT? YEAH, WE COULD. YES. WE JUST HAVEN'T. SO WHEN WE BRING IT BACK, LET'S HAVE THE CURRENT ORDINANCE AND THEN LET'S HAVE THE, THE FISCAL NOTE ON THE, UH, POTENTIAL IMPACT OF FOLLOWING THE CURRENT ORDINANCE THAT'S ALREADY IN, IN PLACE. CORRECT. HELP US. THERE COULD BE SOME, SOMETHING IN THE VERBIAGE OF THAT ORDINANCE THAT COULD HAVE AFFECTED IT. AND SO WE WANNA MAKE SURE THAT IT IS CURRENT GOING FORWARD. OKAY. ALL RIGHT. ANY DISCUSSION ON THAT MOTION? CUSTOMER ZUKA, COULD WE ALSO GET THE OPINION OF THE CHAMBER? BECAUSE I MEAN, THEY'RE LOCAL, SMALL BUSINESSES, AND I THINK THAT THEY MIGHT HAVE AN OPINION ON THIS. THEY'RE TRYING GET, WE CAN'T, WE CAN'T DIRECT THE CHAMBER, BUT YOU CAN CERTAINLY ASK THEM OKAY. WITH THEIR OPINION AND ASK THEM TO COME AND SEE. I THINK THEIR OPINION WOULD BE, WOULD CARRY SOME WEIGHT ON THIS. YEAH. WELL, I, I HAVE THOUGHTS ON THIS TOO. UH, AND, UH, [04:00:01] THE IMPACT ON SMALL BUSINESSES AND FEES. WE HAVE A LOT OF FEES, UH, THROUGHOUT OUR CITY. YES. MM-HMM. . UM, BUT AS IT RELATES TO, UH, UH, FEES THAT I WOULD WANNA WAIVE MM-HMM. , UH, ALCOHOL SALES WOULD BE PRETTY FAR DOWN COMPARED TO SOME OF THE OTHERS. BUT THAT'S, WE'LL DISCUSS IT DOWN THE ROAD. UH, FURTHER DISCUSSION. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION. CARRIE. SEVEN TO ZERO. ALL RIGHT. [33.  Discussion and possible action for the creation of a Downtown Advisory Committee made up of a diverse group of property owners, businesses, citizens, etc. to bring forth feedback and fresh ideas to achieve a vibrant downtown while preserving its unique small-town character. ~ Miguel A. Zuniga PhD, Council Member] NEXT UP. AGENDA ITEM NUMBER 33. DISCUSSION OF POSSIBLE ACTION FOR THE CREATION OF A DOWNTOWN ADVISORY COMMITTEE MADE UP OF A DIVERSE GROUP, PROPERTY OWNERS, BUSINESSES, CITIZENS, ET CETERA, TO BRING FORTH FEEDBACK AND FRESH IDEAS TO ACHIEVE A VIBRANT DOWNTOWN WHILE PRESERVING ITS UNIQUE SMALL TOWN CHARACTER. UH, CUSTOMER ZUKA. UH, YES. SO, UM, COUNCIL MEMBERS. SO I WAS LOOKING AT, OKAY, SO DRIVING THROUGH THE DOWNTOWN AND OKAY, WHY, WHY THERE'S A LOT OF CONFUSION, OR WHO DO WE TALK TO? WHO'S GOT INPUT, WHO'S GOT FEEDBACK? AND THE LAST COMPREHENSIVE PLAN, UM, COMMENTS. THEY WERE NOT INCLUDING THE SMALL, SMALL BUSINESS OWNERS OR THE PROPERTY OWNERS. AND THERE WAS A BIG LACK OF, UH, HISTORICAL, UM, PERSPECTIVES IN, IN THAT. SO I WAS JUST, AND IT WAS MY IDEA. WELL, WHAT IF WE, UH, CREATED AS A RECOM, AS A GROUP THAT WOULD RECOMMEND TO US, UM, WHAT WOULD THEY LIKE TO SEE, UH, AT THE, DOWN IN THE, IN OUR DOWNTOWN? JUST A, A RECOMMENDATION ADVISORY, A DOWNTOWN ADVISORY COMMITTEE. UH, WOULD THAT BE SOMETHING WE COULD LOOK AT? CUZ I THINK, UM, THE MORE INFORMATION WE GET FROM WHAT OUR RESIDENTS ARE, UH, ASKING FOR, UM, IT'S GONNA MAKE OUR PLANS GO A LITTLE SMOOTHER. AND, UM, I WOULD, I'VE ACTUALLY HAVE LEARNED A LOT FROM EVERY COMMITTEE THAT COMES UP HERE. AND, UH, I WANNA HEAR THE POSITIVES AND THE NEGATIVES. AND THESE ARE JUST RECOMMENDATIONS. UM, SO THAT WE'RE NOT LEAVING ANYBODY'S INPUT OUT AND WE'RE CONSIDERING ALL, ALL GOOD IDEAS. IS THAT SOMETHING THAT WE WOULD CONSIDER? UM, THERE'S ALSO THINGS TO CON TO LOOK AT IS THAT THESE COMMITTEES WOULD NOT NECESSARILY NEED A STAFF PERSON PRESENT TO TAKE MINUTES. UM, THEY CAN RUN JUST AS VOLUNTEERS IN THE COMMITTEE, AND THEY, THEY CAN HOLD THEM AT DIFFERENT LOCATIONS. THEY DON'T HAVE TO ALL UNNECESSARILY BE HERE AT CITY HALL. UM, THEY CAN BE DONE IN THE LIBRARY, THEY CAN BE DONE AT THE TRAIN DEPOT. JUST, UM, GROUPS OF PEOPLE WHO ALL HAVE THEIR IDEAS. AND WE GET TO HEAR THAT, UM, HERE ON COUNCIL SO WE CAN MAKE BETTER DECISIONS. ALL RIGHT. THANK YOU FOR THE PROPOSAL. THOUGHTS ON THAT CUSTOMER BRADSHAW? YES. LOVE THE IDEA. THANK YOU FOR BRINGING IT FORWARD. IT SOUNDS LIKE THE DIRECTION THAT YOU ARE WANTING TO TAKE IT IS A LITTLE BIT DIFFERENT THAN THE COMMITTEES AND THE COMMISSIONS THAT THE CITY HAS IN PLACE RIGHT NOW. SO I WOULD LIKE TO MAKE A MOTION TO CREATE A TASK FORCE TO BRING BACK THE STEPS OR PROTOCOLS TO, AS TO HOW WE ARE GOING TO RECRUIT AND APPOINT THE MEMBERS OF THIS COMMITTEE, OF THE DOWNTOWN ADVISORY COMMITTEE. SECOND. OKAY. MOTION BY COUNCIL MEMBER BRADSHAW. SECONDED BY COUNCIL MEMBER FLORES KALE. IS THEIR DISCUSSION ON THE MOTION COUNCIL MEMBER PARSLEY. SO, I, I REALLY DON'T KNOW EXACTLY WHAT THE COMMITTEE WILL DO, BECAUSE, UM, WE HAVE A DOWNTOWN MASTER PLAN COMING UP. THERE ARE PUBLIC HEARINGS FOR THE DOWNTOWN MASTER PLAN. UM, WE HAVE DONE SURVEYS IN PUBLIC ENGAGEMENT. WE HAVE THE ECONOMIC DEVELOPMENT BOARD, THE HAY HISTORIC COMMISSION TO WAIT ON ALL OF THAT. SO TO GET MORE, I MEAN, UM, WE'RE ALWAYS OPEN TO LISTEN TO THE RESIDENTS, BUT WHAT EXACTLY IS THE COMMITTEE GONNA DO? TELL US WHAT DOWNTOWN NEEDS. I FEEL LIKE THAT'S WHY WE HAVE THE PUBLIC ENGAGEMENT. WE HAVE THE DOWNTOWN MASTER PLAN BEING WORKED ON. UM, THEY'RE GONNA HAVE MEETINGS IN HERE. WE JUST ASKED THEM. WE, THEY, THEY GOT ENGAGEMENT FROM THE PUBLIC AND THEY WERE SENT BACK FOR REVISIONS. SO I, I DON'T KNOW WHO THE CITIZENS WILL BE WHO WILL BE INVOLVED IN THIS. AND ONCE THEY GIVE A RECOMMENDATION, I MEAN, WE, WE HEAR IT ALL THE TIME. WE NEED MORE RESTAURANTS. WE WANT FAMILY RESTAURANTS. WHAT DO WE WANT DOWNTOWN? MM-HMM. . UM, THAT'S, THAT'S WHAT WE HAVE, I BELIEVE THE DOWNTOWN MASTER PLAN BEING WORKED ON, AND, AND RESIDENTS ARE ENCOURAGED TO COME. BUT IS THIS GOING TO HAVE LIKE A SPECIFIC TIME [04:05:01] THAT YOU WANT THE COMMITTEE TO BE ACTIVE? SO I DON'T, I DON'T THINK THAT THAT WILL, I DON'T THINK THAT I WILL BE FOR IT. I DON'T KNOW EXACTLY WHAT THEY WILL DO OTHER THAN TELL US. YEAH, WE WANT MORE RESTAURANTS. WELL, WE WANT RESTAURANTS TOO. WELL, FROM WHAT I WAS THINKING IS THERE'S A LOT OF DIFFERENT INVESTED PEOPLE IN DOWNTOWN. SO IF THEY ALL COMMUNICATE WITH EACH OTHER, THAT KIND OF FILTERS OUT. UM, YOU KNOW, SOME THINGS, THE BEST IDEAS KIND OF COME AND, UM, WITH, WITH, THERE ARE GAPS, LIKE IN THE MASTER PLAN, COMPREHENSIVE PLAN, LIKE THE, THE, UM, WHAT WAS THE, WHAT WOULD THE HOURS OF OPERATION, IF, IF SOMEONE WERE, SOMEONE WAS TO OPEN A BUS, A BUSINESS DOWN HERE. WHAT ABOUT THE NOISE ORDINANCE? WHAT ABOUT THE, THE SIDEWALK? SO THERE WAS NO TALK ABOUT IS IT HISTORIC? IS IT GONNA BE CONTEMPORARY? IS IT RUSTIC? AND I THINK THAT WE'RE NOT GONNA MISS SOME SOMETHING BY HAVING A COMMITTEE THAT, THAT, UM, TALKS IN A VERY RESPECTABLE FASHION TO EACH OTHER. AND THIS CAN BE IMPROMPTU, THIS CAN BE AS FORMAL AS WE NEED IT. UM, I JUST WOULD LIKE TO, I'VE LEARNED FROM PEOPLE WHO LIVE IN THE DOWNTOWN, UM, OR BUSINESS OWNERS IN DOWNTOWN. SO MAYBE IT GIVES THEM THAT OPPORTUNITY TO, UM, THINK THINGS THROUGH AND THEN WE GET MUCH BETTER INFORMATION, MUCH CLEARER CRISPER INFORMATION. BUT WHEN YOU SAY RESIDENTS FROM DOWNTOWN, DO YOU WANT THIS COMMUNITY TO BE FORMED WITH PEOPLE FROM DOWNTOWN? YEAH. OF, OF DIFFERENT, OF DIFFERENT, I WOULD, CAUSE I WOULD SAY I, EVERYBODY HAS TO HAVE A SAYING IN DOWNTOWN. YEAH. YEAH. EVERYBODY DOES. EVERY, EVERY, EVERY CITIZEN ALWAYS HAS AN OPPORTUNITY TO SPEAK, BUT ADVISORY COMMITTEES KIND OF LOOK AT HISTORY. THEY LOOK AT WHAT OTHER CITIES DO. THEY, THEY HAVE, LIKE, THEY MIGHT BE PROFESSIONALS IN THE FIELD. MAYBE THEY'VE GOT SOMETHING THEY WANT TO, UM, ADDRESS. MAYBE THEY'RE AN EDUCATOR. SO THEY SOMETIMES HAVE A STANDING WHEN THEY'RE, WHEN THEY'RE IN A COMMITTEE. AND, UM, IT'S ONLY RECOMMENDATION. SO I, I WOULD SUPPORT THAT. BURY HEISER. SO JUST, UH, COUPLE THINGS. BUT YOU'RE SAYING THAT THIS WOULD BE PEOPLE FROM ALL OVER THE CITY? OKAY. YES. IT COULD BE SOMEONE WITH A DISABILITY, SOMEONE WITH A PHYSICAL CHALLENGE, SOMEONE WITH THAT LIVES DOWNTOWN. SOMEONE WHO OWNS A BUSINESS AND IT'S A COMMITTEE. VERY DIVERSE. BUT YOU'RE GONNA GET CREATIVITY OUT OF THERE. SO TO, UH, COUNCILWOMAN PARSLEY'S POINT BEFORE, LIKE, WE HAVE ALL THESE OPPORTUNITIES, AND IF WE'RE LOOKING FOR INPUT, THE SEVEN OF US, LIKE WE NEED TO GO, IT'S OUR RESPONSIBILITY TO GO OUT AND GET IT. AND WE HAVE THAT OPPORTUNITY. YOU JUST SPENT THREE AND A HALF, FOUR MONTHS GETTING COMMUNITY FEEDBACK. THE POSSIBILITY IS OUT THERE. THE LAST THING I WANT TO PARTICIPATE IN IS CREATING ANOTHER COMMITTEE THAT REALLY HAS NO, UM, UH, THAT DOESN'T HAVE, LIKE A WHO, WHAT, WHERE, WHEN, WHY, HOW, WHO'S DOING IT? WHAT ARE THEY DOING? WHY ARE THEY DOING IT? WHEN ARE THEY DOING IT? THERE'S, IF THERE WAS ANY, LIKE, SOMETHING CONCRETE ABOUT WHAT THE PURPOSE OTHER THAN JUST TO LIKE, SHOOT THE S**T ABOUT THE FUTURE. EXCUSE MY LANGUAGE. UH, I DON'T REALLY SEE HOW THIS IS. WELL, I WOULD SAY IN A BENEFIT TO, SAN MARCOS HAS A DOWNTOWN COMMITTEE. BUTTA HAS, SO OBVIOUSLY IT'S WORKING IN OTHER CITIES. AND SAM, MARCUS AND BETA BOTH HAVE MAIN STREET PROGRAM, THAT MAIN STREET. YEP. MM-HMM. . WELL, WE CAN'T QUAL WE CAN'T DO THAT RIGHT NOW. CORRECT. CUTS WHERE FLOORS SCALE. ALL RIGHT. THANK YOU. UM, MAIN STREET PROGRAM ARE NOT, UM, ALL FOR PUTTING THEIR COMMITTEE TOGETHER FULL OF RESIDENTS THAT WANT TO COME AND SHARE THEIR THOUGHTS AND IDEAS. THERE IS NO HARM IN THAT. IF WE CAN FIND SEVEN TO 10 PEOPLE TO COME IN AND TELL US WHAT THAT WOULD HELP US. I KNOW WE SIT HERE COLLECTIVELY AND WE LIKE, UH, WE WANT THIS, WE WANT THAT. BUT TO GET THAT FEEDBACK FROM THE RESIDENTS AND EVEN THE BUSINESS OWNERS, THERE'S JUST NO, THERE'S NO BETTER RESOURCE THAN, THAN THE PEOPLE THAT HAVE TO COME. AND, AND THEN WE CAN SHIFT ALL THE PRESSURE TO THEM. RIGHT? REALLY, THEY, THE COMMITTEE DECIDED THAT, UM, I'M JUST KIDDING. BUT I THINK IT'S A GREAT IDEA. I I HOW WE DO IT, I THINK, UH, IS WAS A GOOD POINT FROM COUNCIL MEMBER BRADSHAW IS JUST TO HAVE A TASK FORCE BRING BACK A LITTLE PROCEDURE. UM, I REALLY DON'T WANNA FOCUS ON THE FACT THAT THERE'S A DOWNTOWN, LIKE FOR THE COMPREHENSIVE PLAN THAT'S NOT THE SAME. IT'S NOT, IF WE CAN JUST GET A COMMITTEE THAT CAN FOCUS ON THE DOWNTOWN ALL THE TIME, 365 DAYS A YEAR, THAT WOULD MAKE OUR LIVES A HUNDRED TIMES EASIER. THEY COULD GET FEEDBACK. I MEAN, DOES THAT STRESS YOU OUT? WE USED TO HAVE ONE. SO I'M GONNA, I'M GONNA GIVE MY STORY OF THE DOWNTOWN ADVISORY COMMITTEE OF OLD . LOOK AT, LOOK AT THE STAFF WHO'S BEEN HERE FOR A WHILE, AND, AND ASK YOURSELF WHETHER IT MAKES LIFE EASIER FOR US. OKAY. [04:10:01] ALL RIGHT. MR. ATKINSON HAD SOME THOUGHTS. HE, HE RAISED HIS HAND. SO, SO I WANTED TO MAKE A NOTE THAT Y'ALL SENT THE DOWNTOWN MASTER PLAN BACK TO THE PLANNING AND ZONING COMMISSION. MM-HMM. . Y'ALL MADE, YOU GAVE THEM DIRECTION TO ULTIMATELY PROVIDE FEEDBACK BASED ON THE, THE NEXT ROUND OF PUBLIC OUTREACH WE'RE DOING. AND WE'RE BRINGING IN PEOPLE, TRYING TO GET EVERYBODY AROUND DOWNTOWN TO TRY TO GET A MORE FOCUSED IDEA OF WHAT THEY WANNA SEE DOWNTOWN TO LOOK LIKE, WHETHER IT BE HISTORIC, THE BUSINESS OWNERS, THE PEOPLE THAT LIVE DOWNTOWN, AND THEN THE PLANNING AND ZONING COMMISSION'S GONNA MAKE THOSE RECOMMENDATIONS AND SEND THEM BACK TO YOU. SO WHAT Y'ALL ARE WANTING TO DO, WE ALREADY HAVE THAT PROCESS GOING ON, AND WE'RE, WE'RE DOING THE PLANNING STAGES OF GETTING ALL THAT STUFF GOING RIGHT NOW OVER THE NEXT MONTH OR SO. UM, I, WHAT I WOULD MIGHT SUGGEST, AND THIS WOULD REQUIRE BUDGETING FOR IT IN THE NEXT FISCAL YEAR, AND EACH FOLLOWING YEAR AFTER THAT, IS IF, IF WE WANT TO HAVE A MORE PERMANENT COMMITTEE OF SORTS, THEN WE NEED TO SERIOUSLY CONSIDER THINKING ABOUT A MAIN STREET PROGRAM OR SOMETHING SIMILAR TO THAT EFFECT. SOME SORT OF GROUP THAT'S SOLIDIFIED IN DOWNTOWN, FOLLOWING THE DOWNTOWN MASTER PLAN WHO CAN HELP MAKE THOSE PRIORITIES THAT WE'VE IDENTIFIED IN THE DOWNTOWN MASTER PLAN A REALITY. DOES THAT MAKE SENSE? MM-HMM. . YEAH. HEY. OKAY. SO MY, MY, MY THOUGHTS ARE JUST TO END THE HISTORY OF IT. SO BACK IN 2014, UH, THE CITY OF KYLE HAD 27, UH, UH, BOARDS, COMMISSIONS, AND COMMITTEES OFFICIAL SANCTIONED ON THE WEBSITE WITH STAFF SUPPORT. ONE OF THOSE WAS A DOWNTOWN, UH, COMMITTEE. UH, THERE WAS A FINANCE COMMITTEE. THERE WAS ALL KINDS OF DIFFERENT STANDING COMMITTEES THAT JUST BASICALLY TOOK DIFFERENT CHUNKS OF OUR JOB AND, UH, AND DEALT WITH THOSE. AND, UH, IT WAS, IT WAS PRETTY WIDELY RECOGNIZED AT THAT TIME THAT THE WAY WE, THE COUNCIL WAS UTILIZING THE COMMITTEE STRUCTURE WAS TO PUT THE AUTHORITY AND RESPONSIBILITY FOR MAKING DECISIONS ONTO THE COMMITTEE. AND THE COMMITTEE WOULD SAY, LIKE, IF THE COUNCIL WANTED TO DO SOMETHING, UH, THE COUNCIL WOULDN'T BE ABLE TO REALLY JUST TAKE ACTION WITHOUT IT FIRST GOING THROUGH AND BEING APPROVED, UH, BY COMMITTEE. AND SO, AT THE TIME, THERE WERE MORE COMMITTEES IN THE CITY OF KYLE THAN THERE WERE IN THE CITY OF SAN ANTONIO. UH, AND SO THAT WAS ALWAYS SOMETHING THAT STRUCK ME. AND SO THERE WAS A CONCERTED EFFORT THAT WAS MADE TO BRING THE CONTROL OF DECISIONS BACK TO THE CITY COUNCIL, WHICH IS NOT THE SAME THING AS, IT'S NOT A STATEMENT ABOUT PUBLIC OUTREACH, CITIZEN ENGAGEMENT, OR RESIDENT FEEDBACK. UH, WE GET RESIDENT FEEDBACK ON THE DOWNTOWN, SO ALL THE TIME. SO THAT'S, THAT'S THE FIRST PIECE OF HISTORY. JUST SO YOU KNOW, WE HAD A DOWNTOWN ADVISORY COMMITTEE. IT WAS ABOLISHED BY THIS COUNCIL. MAYBE MAYBE THIS COUNCIL WANTS TO BRING IT BACK. BUT IT WAS DONE FOR A REASON BECAUSE THE COUNCIL WAS NOT ABLE TO DO ANYTHING WITH REGARDS TO THE VARIOUS TASKS THAT IT HAD. UH, AND THEN, UH, SECONDLY, UH, FOR THE LONGEST TIME, THERE WERE ATTEMPTS MADE TO, FOR THE BUSINESS OWNERS IN PARTICULAR OF DOWNTOWN TO TRY TO COALESCE. I EVEN ATTENDED SOME MEETINGS TO TRY TO HELP PUT IT TOGETHER. SO I'M VERY SYMPATHETIC TO THE IDEA OF GETTING PEOPLE VESTED IN DOWNTOWN, IN PARTICULAR BUSINESS OWNERS, CUZ IT'S VERY IMPORTANT. BUT HERE'S THE THING, THERE'S ONLY ABOUT EIGHT OR 10 BUSINESS OWNERS IN ALL OF DOWNTOWN, AND WE ALL COLLECTIVELY KNOW THEM ALL. UH, AND THE MAJORITY OF THEM ARE NOT INTERESTED BECAUSE I'VE DISCUSSED IT WITH THEM, UH, IN YEARS PAST. THEY'RE NOT INTERESTED IN, IN HAVING REGULAR MEETINGS AND MINUTES AND THOSE THINGS CUZ THEY'RE BUSINESS OWNERS. AND SO THE, THE NUMBER ONE THING WE NEED IS BUSINESS. AND TO SEE BUSINESS THRIVE, UH, IN THE AREA. I WANNA SEE THAT ACCOMPLISHED VERY BAD. SO HEAR ME, IF YOU'RE HEARING ME SAY ANYTHING, HEAR ME SAY THAT WE, WE ARE IN COMPLETE ALIGNMENT ON THAT. UH, I JUST DO NOT BELIEVE THAT, UH, PERSONALLY, THAT A CREATING A A, A PERMANENT DOWNTOWN COMMITTEE, UH, IS NECESSARILY GOING TO SOLVE THAT. BUT IF WE HA, IF IT HAS DIFFERENT PARAMETERS, A DIFFERENT MISSION, UH, PERHAPS IT, IT WOULD, UH, HELP US. UH, BUT AT A, AT A MINIMUM, IT NEEDS TO HAVE A VERY CLEARLY DEFINED SCOPE. AS COUNCIL MEMBER HEISER SAID, UH, I'VE, I'VE THOUGHT THAT THE TIMES THAT THIS COUNCIL HAS CREATED WHAT WE CALL TASK FORCE, WHICH IS LIKE A MINI COMMITTEE, IT DOES SOMETHING FINITE. LIKE, WE WANT YOU TO ACCOMPLISH X, Y, OR Z. UH, AND WE WANT YOU TO ACCOMPLISH IT IN THIS PERIOD OF TIME. AND THEN ONCE YOU'VE ACCOMPLISHED IT, THE COMMITTEE IS OVER BECAUSE IT NO LONGER HAS THAT PURPOSE. UH, THAT, THAT HAS BEEN A, A STRATEGY THAT I HAVE SEEN WORK WELL USE UTILIZING P AND Z, FOR EXAMPLE, COUNCIL FROM BRADSHAW. YES. SO I ACTUALLY REALLY [04:15:01] LIKE WHAT MR. ATKINSON SUGGESTED, AND I WOULD LIKE TO WITHDRAW MY MOTION AND MAKE A MOTION TO DIRECT STAFF TO BRING BACK INFORMATION REGARDING THE MAIN STREET PROGRAM TO COUNSEL AS IT PERTAINS TO COST BENEFITS, UM, AND THINGS ALONG THOSE LINES. SECOND. ALRIGHT. THE NEW MOTION IS TO DIRECT STAFF TO, UH, BRING BACK A PROPOSAL FOR BECOMING A MAIN STREET PROGRAM MOTION BY CUSTOMER, PARTIALLY SECONDED BY CUSTOMER FLORES KA THEIR DISCUSSION ON THE MOTION. WHO'S BRAD SHAW? WHAT DID I SAY? I'M SORRY. IT'S GETTING LATE. I'VE BEEN UP FOR SINCE EARLY, EARLY FOUR ACTUALLY. UM, OKAY. SO THE MOTION WAS BY CUSTOMER BRADSHAW. IS THERE DISCUSSION ON THAT MOTION? ALL IS IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED. MOTION CARRIES SEVEN TO ZERO. ALL RIGHT. UH, UH, [34.  Discussion and possible action providing direction from council to Affion regarding hiring of the City Manager. ~ Yvonne Flores-Cale, Council Member] NEXT AGENDA ITEM IS, UH, 34 DISCUSSION OF POSSIBLE ACTION, PROVIDING DIRECTION FROM COUNSEL TO AIAN REGARDING HIRING OF THE CITY MANAGER COUNCIL FORK. OKAY. ALRIGHT. THANK YOU. IS IS HE HERE? DID YOU INVITE HIM? YEAH, I THOUGHT HE WAS GONNA BE HERE. I SAID I WANTED TO SPEND MY TIME, MY APP. GREAT CAR. YEAH. DID YOU INVITE HIM? WELL, I THOUGHT AMBER WAS GONNA TAKE CARE OF THAT. OH, WE CAN CALL HIM ON HIS CELL PHONE. . 1130. 1130, RIGHT. HELLO. WELCOME TO THE WORLD OF CITY MANAGER. NO, I JUST SAID I WANTED TO SPEND THAT TIME OFF WITH HIM. HE WAS CC'D. HE KNEW, HE WAS VERY AWARE. UH, IS HE NOT HERE? HE'S NOT. NO, NO, HE'S NOT HERE. HE'S DEFINITELY NOT. OKAY. UM, WELL, SO JUST TORE, I GUESS WE CAN POSTPONE THIS, BUT MY GOAL WAS HE WANTED TO SPEAK WITH EVERYBODY ONE-ON-ONE. I'M NEVER GONNA DO THAT CUZ UM, I DIDN'T WANT TO AND I'M NOT SAYING ANYTHING BAD ABOUT THOSE WHO DID. I UNDERSTAND. JUST UNDERSTAND THAT I DON'T DO IT FOR A VERY PARTICULAR REASON CUZ I DON'T WANT HIM OR ANYBODY ELSE TO GET, UM, CONFUSED REGARDING WHAT I WANT VERSUS WHAT THE DIRECTION IS FROM, FROM THE COUNCIL. AND SO MY HOPE WAS TO HAVE A CONVERSATION WITH HIM ON AN OPEN FORUM AND WE COULD EXPLAIN TO HIM COLLECTIVELY WHAT OUR EXPECTATIONS ARE IN, IN THE PROCESS AND IN THE WHOLE HIGHER END OF OUR CITY MANAGER. BUT I CAN'T OBVIOUSLY DO THAT. SO I DON'T KNOW, CAN WE POSTPONE IT AND THEN WE CAN, BECAUSE I DIDN'T EVEN GET A CHANCE TO TALK TO HIM. I HAD RESERVED MY TIME SO HE COULD TALK TO US ON THE COUNCIL COLLECTIVELY. UM, SO I DIDN'T EVEN GET A CHANCE TO TALK TO HIM EVEN A LITTLE BIT. WELL, WHEN WE, WHEN WE APPROVED THE AON CONTRACT, THERE WAS A SCOPE OF WORK OF WHAT WE WERE HIRING HIM FOR. AND IN THAT OUTLINE MM-HMM. THAT WE ALL VOTED ON, IT, IT, IT, IT DETAILED THE WAY THAT HE WAS GOING TO ENGAGE THE STAKEHOLDERS AT, AT THIS LEVEL MEETING WITH STAKEHOLDERS. SO, OH, NO, I UNDERSTOOD THAT, BUT I ALSO WANTED TO MAKE CLEAR THAT, THAT THAT'S NOT DIRECTION FROM COUNCIL, THAT'S DIRECTION FROM INDIVIDUALS. AND SO TO MAKE SURE THAT HE UNDERSTOOD COMPLETELY IT'S NOT DIRECTION, THERE'S NO DIRECTION HE'S ENGAGING AND JUST HEARING WHAT EVERYONE HAS TO SAY ABOUT, SO WHAT THEY INDIVIDUALLY WANT, FOR EXAMPLE, IT DOESN'T MATTER WHAT WE INDIVIDUALLY WANT, THAT'S THE BOTTOM LINE. WHAT MATTERS IS WHAT, WHAT WE DIRECT HIM TO DO COLLECTIVELY. SO FOR EXAMPLE, IF YOU, YOU KNOW, YOU DIDN'T THINK IT WAS IMPORTANT THAT SOMEBODY HAVE A, A GOOD CREDIT AND NO FORECLOSURES, BUT I DID. WHY IS HE FOCUSING ON JUST THAT ONE ITEM? LIKE HE NEEDS TO BE ABLE TO HAVE CLEAR DIRECTION FROM US ON WHAT IT IS WE ARE LOOKING FOR IN OUR CITY MANAGER. SO I WAS CONFUSED WHY HE WANTED TO MEET ONE-ON-ONE WHEN DIRECTION OR, OR EVEN OUR IDEAS IF WE'RE LIKE, HEY, I WANT SOMEBODY WITH SHORT HAIR OR I WANT SOMEBODY WITH LONG HAIR THAT INDIVIDUALLY DOESN'T MATTER. CUSTOMER HAZARD. YEAH. UM, OKAY. I DISAGREE. THAT'S PUTTING THAT OUT THERE. WE ALL REPRESENT DIFFERENT DISTRICTS OF THE CITY. SO NUMBER ONE, OUR INDIVIDUAL FEEDBACK, I DO BELIEVE TO SOMEONE WHO IS LOOKING FOR A CITY MANAGER THAT'S GONNA RE REPRESENT, REPRESENT THE INTERESTS OF THE ENTIRE CITY. I DO THINK THAT'S IMPORTANT. I DO THINK ALSO IT SETS A BAD PRECEDENT BECAUSE YOU MIGHT HAVE SOME PEOPLE WHO DON'T FEEL AS COMFORTABLE SPEAKING, UH, THEIR NEEDS IN FRONT OF A GROUP OF PEOPLE. AND NO OFFENSE, I LOVE YOU TO DEATH, BUT YOU HAVE NO PROBLEM SPEAKING IN ANY ROOM. SO YOU'RE LIKE THE EXCEPTION. WHEREAS SOMEONE ELSE MIGHT NOT FEEL AS COMFORTABLE TALKING, TRYING TO, YOU KNOW, I, YOU KNOW, LIKE I RAISE MY HAND AND I'LL SIT SILENTLY AND RAISE MY HAND AND SOMETIMES YOU GUYS JUST SAY, HEY, SPEAK UP. BUT NOT EVERYONE IS WILLING TO DO THAT. SO I THINK ALLOWING THE OPPORTUNITY TO COMMUNICATE THE INTERESTS OF WHAT WE, WHAT IS INDIVIDUALS WE BELIEVE IS REPRESENTATIVE OF OUR DISTRICTS. THAT PERSON THEN TAKES ALL OF THAT AND LOOKS FOR THE PERFECT PERSON THAT [04:20:01] IS REFLECTIVE OF THE VISION THAT WE HAVE COLLECTIVELY. AND THAT IS A COLLECTIVE VISION OF US AS INDIVIDUALS AND THE, THE DISTRICTS THAT WE REPRESENT. SO THAT'S JUST WHAT I THINK IF YOU, IF YOU DON'T WANT TO MEET WITH HIM, YOU DON'T HAVE TO, BUT I THINK IT'S PROBABLY STILL AVAILABLE TO YOU IF YOU WANTED TO REACH OUT AND HAVE A CONVERSATION WITH HIM SO THAT HE UNDERSTOOD WHAT YOUR INTERESTS WERE. HIS JOB IS TO TAKE WHAT EVERYONE IN A LONG ONE-ON-ONE CONVERSATION GIVES HIM HIS FEEDBACK TO TRY TO BRING TOGETHER APPLICANTS THAT CONSIDER ALL OF THAT, ALL THAT FEEDBACK. AND THEN WE'RE THE ONES WHO GET TO ULTIMATELY MAKE, BUT WOULDN'T DECISION BE MORE EFFICIENT AND MAKE A LITTLE BIT MORE SENSE TO JUST WRITE DOWN THE THINGS THAT WE ALL COLLECTIVELY AGREE ON. AND THEN HE LOOK FOR THAT PERSON INSTEAD OF TRYING TO FULFILL THE NEEDS OF SEVEN DIFFERENT PEOPLE. I MEAN, NO IF THIS IS NOT ASSUMING ANYTHING, BUT HE COULD BE FOCUSING ON JUST WHAT I WANT AND I DON'T THINK THAT WOULD BE FAIR TO YOU. OR HE COULD BE FOCUSING ON WHAT COUNCIL MEMBER ZUNIGA WANTS AND THAT'S NOT FAIR TO EVERYBODY ELSE. SO, WELL, IF, IF HE FOCUSES ON WHAT JUST ONE ONE PERSON WANTS AND BRINGS FORWARD APPLICANTS THAT ONLY FIT THAT PERSON'S AGENDA, HE WILL HAVE A PROBLEM WHEN THOSE APPLICANTS COME FORWARD AND NO ONE ELSE IS INTERESTED. ULTIMATELY HE'S TRYING TO, HE'S TRYING TO BUILD CONSENSUS FOR IT. AND THERE IS A PROCESS AND A PROTOCOL THAT WAS OUTLINED AND IT'S ALREADY HAPPENED. SO IT'S ALREADY IN THE PAST. SO WHAT, I DON'T KNOW WHAT YOU WANT TO DO MOVING FORWARD, THOSE MEETINGS HAVE ALREADY TAKEN PLACE. YEAH. THAT AGAIN, HE KNEW, HE WAS AWARE HE WAS ON THE EMAILS. UM, AND SO WHY IT WASN'T LIKE, HEY, I'M NOT GONNA BE THERE IS BEYOND ME. AND, AND TO, TO ADDRESS THE ISSUE OF LIKE NOT WANTING TO TALK IN PUBLIC. UM, I FEEL LIKE THAT IS CERTAINLY NOT SOMEBODY I WANT TO, UH, AND LOOK FOR OUR NEW CITY MANAGER. THEY HAVE TO HAVE THE COMMUNICATION SKILLS IN ORDER TO BE ABLE TO TALK TO DIFFERENT APPLICANTS AND, AND TO BE ABLE TO BRING THEM TO US. UH, THAT'S JUST WHAT COUNCIL MEMBER HEISER SAID. NO, THERE'S SOMEBODY'S TALKING ABOUT COUNCIL MEMBERS. IT'S LIKE IF WE WERE TO SIT IN A GROUP OF SEVEN, OKAY, LIKE, AND IF ONE OF US FELT LIKE WE, WHAT WE WANTED WASN'T REPRESENTATIVE OF WHAT EVERYONE ELSE WANTED, WE'RE LESS LIKELY TO, TO COMMUNICATE ABOVE EVERYONE ELSE WHO'S TALKING TO, TO STAND OUT. AND ALL I WAS SAYING IS, AGAIN, YOU HAVE NO PROBLEM DOING THAT. SO LIKE I DON'T, I I DON'T THINK THAT, UM, I JUST THINK IF WE'RE SETTING A PRECEDENT FOR THE FUTURE, WE NEED TO THINK ABOUT LIKE AS EVERYONE, AS ALL, UM, LIKE AS INDIVIDUALS WITHIN THIS GROUP BECAUSE WE DO HAVE VARIETY OF REFUSAL WHEN IT COMES TO CANDIDATES THAT ARE PRESENTED TO US. YEAH. AND WHAT I, WHAT I WAS TRYING TO DO IS MAKE THE PROCESS GO FASTER. SO AGAIN, I THOUGHT THAT COULD BE DONE MORE EFFICIENTLY IF HE KNEW COLLECTIVELY WHAT WE ALL WERE LOOKING FOR. AND SO APPARENTLY I WAS WRONG. SO THERE'S THAT. ALL RIGHT. ANY OTHER COMMENTS? ALL RIGHT, NEXT UP AGENDA ITEM 35, [35.  Discussion and possible action regarding reconsideration of the location, to stay in City of Kyle, for the 2023 vision workshop. ~ Yvonne Flores-Cale, Council Member] DISCUSSION OF POSSIBLE ACTION REGARDING RECONSIDERATION OF THE LOCATION TO STAY IN CITY OF KYLE FOR THE 2023 VISIONING WORKSHOP, CUSTOMER FLORES KALE. OKAY, THANK YOU. AND I WANT TO BEGIN BY APOLOGIZING TO AMBER BECAUSE I KNOW SHE DID WORK IN, IN FINDING A PLACE FOR US TO HAVE OUR VISION WORKSHOP. UM, BUT JUST BE STRAIGHTFORWARD. I FEEL LIKE THERE'S SO MUCH THAT WE DON'T UNDERSTAND ABOUT OUR CITY, UM, COLLECTIVELY. I FEEL LIKE WE'RE NOT, I MEAN, I KNOW SOME OF US, DANIEL, UH, COUNCIL MEMBER PARSLEY WAS DRIVING AROUND AND LOOKING AT THE ROADS AND I DON'T KNOW IF EVERYONE'S TAKEN LIKE A TOUR OF THE WASTEWATER SYSTEM. WE'RE JUST TRYING TO GET TO KNOW OUR CITY AND, AND I KNOW THAT WE DON'T, WE CAN'T KEEP BONDING OUT STUFF SO WE DON'T HAVE A HIGH CAPACITY TO GO AND, AND BUILD THESE THINGS THAT WE'RE GONNA GO LOOK AT IN OTHER CITIES. AND SO MY SUGGESTION WAS WHY DON'T WE STAY HERE AND TAKE TOURS OF OUR OWN CITY AND GET IDEAS ON HOW WE WANT A CITY TO LOOK AS OPPOSED TO GO TO. UM, I THINK EL PASO HAD LIKE A SPORTS PLEX. THINGS RIGHT NOW THAT I REALLY DON'T THI THAT I WANT, DON'T GET ME WRONG. I WOULD REALLY LIKE TO HAVE THAT FOR OUR CITY. I JUST DON'T KNOW IF FOCUSING ON THOSE KIND OF THINGS IS A GOOD, GOOD IDEA WHEN IT'S LIKE LOOKING AT A HOUSE THAT YOU CAN'T AFFORD. UM, AND THEN WE DON'T HAVE THE MONEY TO BUILD A SPORTS PLEX OR WE DON'T HAVE, UM, WE HAVE 14 MILLION, RIGHT? OKAY. BUT MY WHOLE POINT IS VOTER APPROVED. SO HOW, SO IF WE HAD 14 MILLION, UM, HOW WOULD WE KNOW WHAT WE WANNA SPEND IT ON IN KYLE IF WE DON'T REALLY UNDERSTAND THE INS AND OUTS OF, OF WHAT WE HAVE HERE? RIGHT. SO, UM, MAYBE WE GO, I'VE NEVER BEEN TO THE PARK WHERE THE OTHER SPORTS PLEX WAS GONNA BE. UH, WHAT PARK AT KYLE? OVER BY CHAPEL? YES. CAL CENTER. OH, THE REC CENTER. YES. SO MAYBE FOCUSING ON LIKE REALIZING WHAT IT IS THAT WE WANNA FOCUS ON AND THEN GOING TO DIFFERENT AREAS OF OUR CITY AND FIGURING OUT, OKAY, THIS IS WHAT IT CAN LOOK LIKE AND THIS IS WHAT IT CAN BE HERE. OR GOING DOWN TO THE WASTEWATER SYSTEM AND BEING LIKE, OH MY GOD, THIS IS, THIS IS WHAT IT'S ALL ABOUT. THIS IS WHAT IT MEANS. THIS IS IT FOR ME. IT, IT WAS JUST GONNA BE MORE BENEFICIAL TO FIGURE OUT THE CITY. I'M, [04:25:01] YOU KNOW, A WEEKEND THAT WE CAN, WE CAN ALL GET TOGETHER AND WE CAN ALL TALK AND NOT HAVE TO GO TO OTHER PLACES AND KIND OF HOPE FOR THINGS THAT MAYBE WE CAN TRY TO BUDGET FOR AND, AND WE KIND OF STRESS OUT ABOUT, UH, CUSTOMER PARLEY. SO I HAVE, UM, A COUPLE OF IDEAS. SO, UM, I AM NOT, UM, I, I DON'T THINK THAT WE SHOULD CANCEL CANCEL THE, THE LOCATION. MAYBE WE CAN PUSH IT. UM, AND, AND THERE IS A MIXED FEELING. SO I, I DO AGREE IT IS GREAT TO GO INTO THE CITY. WE, I VISITED WITH COUNCIL MEMBER, HE THE WASTEWATER PLANT AND THAT WAS LIKE GOING TO A FIELD TRIP. I HAD THE BEST TIME. IT WAS LIKE THE MOST INTERESTING MEETING I THINK I'VE EVER HAD. JUST EVERYTHING I LEARNED. THE SECOND THING IS POURING THE ROADS. IT'S SOMETHING THAT I FEEL LIKE WE SHOULD BE DOING ON OUR OWN. I LEARNED SO MUCH JUST BY ASKING STEVE TO GIVE ME A MAP, UH, SO I COULD UNDERSTAND COUNTY ROADS, CITY ROADS, TEXT DOT ROADS, AND KNOW WHAT ARE WE REALLY HERE FIXING? I HAD, I MADE A POLL ON MY PAGE, ASKED THE RESIDENTS WHAT ARE THE ROADS NEED MORE HELP. WELL A LOT OF THOSE, THERE'S, THERE'S STUFF WE CANNOT EVEN DO. SO, UM, I DO THINK THAT THAT'S HOMEWORK EVERYBODY HAS SHOULD BE DOING. UM, SO WHAT I DO THINK THOUGH IS UM, CUZ I THOUGHT THAT YOU WERE GOING TO ASK THIS FOR, BECAUSE WE DON'T HAVE A CITY MANAGER YET. I AM ALL FOR US COMING AS A GROUP AND SETTING OUR IDEAS. SO WHEN WE HAVE SOMEBODY COMING, WE, WE LIVE LIKE THESE, THESE ARE THE THINGS THAT MATTER TO US AND WE WOULD LIKE TO WORK ON THIS. BUT GOING SOMEWHERE GIVES US A DIFFERENT PERSPECTIVE OF WHERE WE WANNA GO. OKAY. WE LIKE HOW FRISCO DID THIS. WE DON'T LIKE THE WAY THEY, THAT IT, IT ALWAYS DOES BRING YOU WITH THE VISION OF HOW WE WANT OUR CITY TO LOOK LIKE. IT, IT, I THINK WE HAVE GOTTEN A LOT OF INPUT EVERY TIME WE'VE BEEN OUT OF, OUT OF TOWN. PLUS THE COMMUNICATION BETWEEN COUNCIL IT'S 10 TIMES BETTER. I FEEL LIKE IT'S A REFRESH. SO, UM, I MAYBE WE SHOULD HAVE A WORKSHOP HERE LOCALLY ONE WEEKEND AND THEN PUSH DIVISION AND WORKSHOP UNTIL WE HAVE A CITY MANAGER. UM, BUT I DO THINK THAT AS A COUNCIL WE SHOULD DO IT MAY APPROACH HIM. OKAY, YOU KNOW, THIS IS COMING RIGHT FOR THE PAST TWO TO THREE YEARS. YEAH. WE'VE ALWAYS TALKED ABOUT LOCATIONS AND HOW MANY TIMES HAS COUNCILMAN BS SAT OVER HERE AND SAY WE NEED TO STAY HOME. AND I GOT SHUT DOWN THERE EVERY SINGLE TIME. I GET IT. YOU ARE RIGHT. WE DO HAVE PROBLEMS HERE. WE DO HAVE ROADS THAT NEED RECONSTRUCTION. WE DO HAVE ISSUES WHERE BUILDINGS ARE MAYBE NOT UP TO PAR. WE DO HAVE ISSUES AS FAR AS OUR BUDGET. WE HAVE ISSUES WITH OUR WATER, WE HAVE ISSUES WITH A LOT OF THINGS, BUT WE ALSO HAVE A LOT OF POSITIVE THINGS COMING. WE GOT COSTCO AND BUSINESSES THAT ARE AROUND THAT WE COULD HAVE TAKEN ADVANTAGE OF AND, AND BE PROUD OF. BUT, UH, YOU'RE RIGHT BECAUSE I'M GONNA TAKE THIS IN A DIFFERENT APPROACH. WE DON'T HAVE A CITY MANAGER, GRANITE JERRY, THANK YOU FOR DOING A GREAT JOB AND AMBER, BUT WE DO NOT HAVE A FULL-TIME CITY MANAGER TO REALLY GIVE THEM OR HER, HIM OR HER OUR LONG-TERM VISIONS. CUZ REMEMBER WHEN WE WENT ON VISION WORKSHOPS, AND THIS IS FOR THE PEOPLE OUT THERE THAT WOULD ALWAYS HAVE THE CONSPIRACY THEORIES THAT WE'RE OUT THERE MAKING SECRET AGENDAS AND VOTING ON THINGS AND WE'RE NOT BEING TRANSPARENT TRANSPARENT, YOU KNOW, THAT, THAT WE ALL PREACH ON THAT END. CUZ YOU'RE RIGHT, COUNCILMAN FLORES BRINGS THAT UP. WE NEED TO BE TRANSPARENT TO OUR RESIDENTS. WE NEED TO BE TRANSPARENT AND OPEN. THEY NEED TO KNOW WHAT WE'RE DOING. YOU KNOW WHAT SHE'S RIGHT. WE HAVE TO BE, BUT RIGHT NOW WE DON'T HAVE A CITY MANAGER THAT WE CAN SAY, HERE'S THE VISION THAT TOBIAS HAS. HERE'S THE VISION THAT PARSLEY HAS, THE MAYOR OF WHAT WE HAVE AS FAR AS THE CITY AND FOR WHAT WE'RE HEARING FROM OUR PEOPLE AND OUR DISTRICTS TO MOVE FORWARD TO WHERE THEY CAN MAKE AND FORMULATE A PLAN AND THEN BRING BACK AS VOTING AGENDA ITEMS FOR EVERYBODY TO SEE. [04:30:02] IT'S, IT'S KIND OF LIKE A SPORTS ORGANIZATION GOING, HEY, WE'RE WINNING. LET'S GO WIN THE CHAMPIONSHIP. YOU KNOW, LET'S GO, WE GOT THE VICTORY. OH, BUT WAIT A MINUTE, WE DON'T HAVE A HEAD COACH. YOU'RE RIGHT. WE DON'T. SO HOW CAN WE BRING VISIONS TO THE CITY THAT'S GONNA LAST YEARS FROM NOW IF WE DON'T HAVE ANYBODY IN PLACE? WELL, TO, FOR THAT, TO YOUR, TO YOUR POINT, UM, AND TO COUNCIL MEMBER PARSLEY'S POINT, WHICH I THINK DOES HAVE A LOT OF WISDOM, UH, BELIEVE THAT WHEN I SPOKE TO MR. RILEY, HE SAID THAT BASED ON THE CURRENT TRAJECTORY, UH, AND NOW THE WHEELS ARE PRETTY MUCH FULLY ENGAGED AND IN MOTION, UH, IF ASSUMING COUNSEL MAKES ITS DECISION WITHIN THE NORMAL ALLOTTED TIMEFRAME THROUGH THE INTERVIEW PROCESS, UH, THERE WOULD BE A, UH, IT'D BE MORE LIKELY THAN NOT THAT WE WOULD HAVE A CITY MANAGER IDENTIFIED AND ENGAGED BY THE FIRST WEEK IN APRIL, WHICH WOULD ALLOW FOR US IF WE WANTED TO POSTPONE THE VISIONING WORKSHOP UNTIL MID TO LATE APRIL. UM, IT WOULD MAKE MAKE A LITTLE BIT MORE SINCE. SO IF WE WANTED TO, UM, GO AHEAD AND OFFICIALLY CANCEL THE MARCH ONE AND DIRECT STAFF TO BRING BACK SOME PROPOSALS FOR LATE APRIL, UH, THAT MIGHT BE A WAY AND THAT STILL BARELY SNEAKS IN AHEAD OF BUDGET. MM-HMM. YES. YES. BUT IT WOULD ALLOW FOR THAT, UH, BECAUSE I KNOW, UH, UH, MAYOR PRO TE WHEN YOU WERE, WHEN YOU WERE FIRST ELECTED RIGHT BEFORE THE PANDEMIC, IT WAS BASICALLY THE FIRST THING THAT YOU DID ON THE COUNCIL WAS GO TO THAT WORKSHOP. AND IT WAS EXTREMELY POWERFUL AT THAT TIME TO HELP US SPEND THAT QUALITY. BUT YOU'RE, BUT YOU'RE RIGHT. IF WE DO IT ALL WITHOUT A CITY MANAGER, THE CITY MANAGER HAS SO MUCH TO ADD, SUBTRACT, MOVE AROUND AND AND TO THAT AND BE A, THEY NEED TO BE A PART OF THAT CONVERSATION. AND, AND, AND TO BE FAIR WITH THAT, IF WE DO SET THAT PRECEDENT TO WHERE WE HAVE A TIMELINE TO WHERE WE NEED, WE ARE TO HIRE SOMEBODY BY THE END OF APRIL, YES, WE ARE GONNA BE HITTING OUR FIRST BUDGET MEETING SESSIONS. SO THAT WOULD HAVE TO BE A LOT MORE THAT THIS MANAGER WOULD HAVE TO ACCUMULATE AT A VERY SHORT AMOUNT OF TIME. SO IF WE WERE TO POSTPONE IT UNTIL WE HAVE SOMEBODY FULL-TIME WITH TERMS AND CONDITIONS IN PLACE ON THE CONTRACT AND ALLOW THEM TO BE ABLE TO REVIEW THE DEPARTMENT HEADS AND SEE WHO THEIR TEAM TEAMMATES ARE, BECAUSE WE WOULD BE HITTING THE FIRST PHASE OF THE BUDGET AND I KNOW EVERYBODY'S GONNA BE COMING WITH EVERYTHING WE WOULD OVERWHELM POSSIBLY THIS NEW PERSON WITH ALSO OUR VISION. AT THE SAME TIME, WE'RE GONNA BE TRYING TO BALANCE A CITY BUDGET IN AUGUST. SO A RECOMMENDATION WOULD BE EITHER TO POSTPONE IT FOR THE YEAR OR MOVE IT BACK FURTHER IN THE YEAR LATER ON. POSSIBLY IN THE FALL ONCE BUDGET SEASON'S DONE, ONCE ALL THE COMMISSIONS AND THE BOARDS, ALL THOSE INTERVIEWS ARE DONE. CUZ THOSE WILL BE COMING UP PRETTY SOON. THOSE APPLICATIONS WILL BE STARTING UP IN MAY PLUS VACATIONS AND SO FORTH LIKE THAT FOR EVERYBODY. UH, IT, IT'S JUST TRY TO LOOK REALISTICALLY ON THIS, WHAT OUR VI WHAT OUR GOAL IS FOR THE VISION WORKSHOP. WE DON'T HAVE ANYBODY RIGHT NOW THAT WE CAN GO TO AND SAY, TAKE THE BALL ON THIS. THIS IS WHAT WE HAVE FOR THE NEXT COUPLE YEARS. WE JUST DON'T HAVE THAT PERSON AVAILABLE. CUSTOMER HAER. YEAH. UM, I'M NOT IN FAVOR OF, OF POSTPONING MOVING, BUT I'M NOT GONNA DIE IN THIS HILL EITHER. I I JUST, I WOULD LIKE TO CALL OUT THE FACT THAT IF WE DON'T KNOW WHAT, IF THIS WAS A BUSINESS AND WE'RE ALL OWNERS AND WE DON'T KNOW WHAT KIND OF BUSINESS THAT WE WANT TO HAVE, WE CAN'T GO HIRE SOMEONE TO RUN THE BUSINESS. WHAT I'VE HEARD FROM SO MANY PEOPLE IS COUNCIL HAS TO HAVE A COLLECTIVE VISION IN ORDER TO FULLY EXECUTE OUR DUTIES AS ELECTED OFFICIALS. WE CAN'T, WHY, WHY WOULD WE WAIT TO HAVE A CITY MANAGER BEFORE WE HAVE ENGAGED WITH ONE ANOTHER IN A GROUP SETTING TO THINK SMALL, MEDIUM, LONG TERM IN TERMS OF WHAT WE WANT OR WHAT WE ARE REPRESENTING, UM, AS OFFICIALS OF INDIVIDUAL DISTRICTS. SO THEN WHEN WE DO HAVE A CITY MANAGER, WE ACTUALLY HAVE SOMETHING THAT THEY CAN CONTRIBUTE TO THAT WE'VE ALREADY VETTED. BECAUSE WHAT I WANT MIGHT NOT BE WHAT SHE WANTS. WHAT YOU WANT, WHAT YOU WANT. AND THIS OPPOR THIS GIVES US AN OPPORTUNITY TO SIT DOWN AND TO THINK LOGICALLY OF HOW WE CAN TRY TO GET, UM, A LITTLE BIT OF EVERYTHING IN A REASONABLE WAY. I'M NOT, I CAN'T JAM MY AGENDA DOWN ANYONE'S THROAT, SO WHY NOT? WHY DON'T WE SIT DOWN [04:35:01] AND TALK ABOUT THIS AND LEARN FROM OTHER CITIES WHO'VE KIND OF GONE THROUGH THIS BEFORE AND THINK ASPIRATIONALLY. THAT'S WHAT I, THAT'S WHAT I THINK OF ABOUT WHEN WE TALK ABOUT A VISIONING WORKSHOP IS WHAT CAN WE BE, BECAUSE WE SIT HERE AND WE'RE TALKING ABOUT PROJECTS THAT, UM, YOU KNOW, OUR, OUR NEEDS, THEY'RE ABSOLUTELY NEEDS. BUT THIS GIVES US AN OPPORTUNITY TO THINK ABOUT NEEDS BUT ALSO PLAN FOR THE THINGS THAT WE WANT. AND THOSE ARE TWO DIFFERENT THINGS. AND YOU KNOW, WE'RE ALL, THERE'S A LOT OF TURNOVER WITH COUNCIL. THERE'S TWO NEW PEOPLE HERE. I THINK THERE'S AN OPPORTUNITY TO DO SOMETHING REALLY GREAT AND UH, I AM REALLY LOOKING FORWARD TO THIS OPPORTUNITY TO COLLABORATE WITH EVERYBODY HERE TO FIGURE OUT HOW WE CAN COME UP WITH THE BEST. AND, AND TO ADD OFF OF THAT, AGAIN, IT'S A MATTER OF POSTPONING MEANING UNTIL WE DO HAVE US, LIKE I SAID, I, I GET WHAT YOU'RE SAYING CUZ WE'RE DOING IT RIGHT HERE WITH ALL OF THIS RIGHT HERE, MR. HEISER. WE GOT AGENDA ITEMS THAT WE'RE MOVING FORWARD WITH OUR VISIONS. WE'RE ALREADY DOING THAT RIGHT NOW. OKAY? WE'RE BRINGING IDEAS. MR. ZUNIGA, DOWNTOWN COMMITTEE, MS. UH, YVONNE FLORES KALE WITH, WITH HER IDEAS, WE'RE ALREADY DOING THAT. BUT AS FAR AS GIVING A A DIRECTION IS WHAT I'M SAYING BECAUSE HAVING EXPERIENCE WITH THE MAYOR AND OTHERS AT OTHER VISION WORKSHOPS IN THE PAST, THESE WERE COLLECTIVE IDEAS THAT WERE GOING TO BE GIVING TO OUR CITY STAFF OR SO FORTH. THE VISIONS FOR LONG TERM. AND THEN HAVING THAT THERE TO WHERE THE, THE PERSON, THE CITY MANAGER WHO WE HAVE THAT'S GOING TO LEAD THIS TEAM CAN HAVE THE IDEAS OF WHAT WE HAVE TOGETHER BECAUSE WE CAN COME TOGETHER ON A SATURDAY, WHETHER IT'S HERE OR FRISCO OR AT TEXAS OLD TOWN OR HERE IN THE CITY HALL AND DISCUSS ALL OUR VISIONS AND IDEAS. BUT WOULDN'T IT BE BETTER TO HAVE THE PERSON THAT'S GONNA BE LEADING THE TEAM BE PART OF THE CONVERSATION? I, I UNDERSTAND WHAT YOU'RE SAYING. I JUST, I THINK THAT THE OPPOSITE WAY IS LIKE, DO YOUR SPORTS POINT FOR WE'RE NOT GONNA HIRE. UM, IT'S LIKE IF YOU'RE NOT GONNA SADDLE A GENERAL MANAGER WITH A HEAD COACH THAT'S BEEN THERE FOR THREE YEARS, YOU'RE GONNA GIVE HIM THE RIGHT TO DO THAT. YOU WANT TO SEE WHAT THAT VISION IS. MM-HMM. , I WANT US TO SPEND TIME TOGETHER TO FIGURE OUT WHAT THAT IS OUTSIDE OF SITTING RIGHT HERE THINKING MORE REACTIONARY. SO, SO WE NEED, WE NEED TO DO THAT. WE NEED TO SPEND TIME WORKING TOGETHER AND WE ABSOLUTELY NEED THE CITY MANAGER THERE AS WELL. CITY MANAGER IS A HIGHLY PAID PROFESSIONAL. WE ARE VOLUNTEERS WITH VERY LIMITED EXPERIENCE OF HOW A LOT OF THESE THINGS PRACTICALLY WORK AND CAN BE IMPLEMENTED. SO IT'S PROBABLY NOT WISE AS I THINK ABOUT IT, TO TRY AND PLAN A VISIONING WORKSHOP, HOPING WE'RE GONNA HAVE A CITY MANAGER HIRED. MAYBE ULTIMATELY THAT'S WHERE OUR FLAW IS. THE GOAL JUST NEEDS TO BE TO GET A CITY MANAGER HIRED. AND ONCE THAT CITY MANAGER IS HIRED, WE'LL PLAN A VISIONING WORKSHOP RIGHT AWAY. BUT I, I MEAN, FRANKLY, I THINK I'M BEING A LITTLE TOO OPTIMISTIC TO THINK THE PROCESS IS JUST GONNA GO REALLY SMOOTHLY. UH, AND WE'RE GONNA BE ABLE TO NAIL IT. SO IF IT WAS ME, IT WOULD BE, UM, A MOTION TO POSTPONE THE VISIONING WORKSHOP UNTIL A CITY MANAGER IS HIRED. SECOND AGAIN. ALRIGHT. A MOTION BY THE MAYOR SECONDED BY COUNCILMAN FLORES KASER. DISCUSSION ON THAT MOTION. SORRY. COUNCILMAN FLORES. OKAY. UM, I JUST WANNA KNOW IF WE CAN GET TOGETHER BEFORE THEN TO JUST, I MEAN, I THINK IT WOULD BE REALLY GREAT IF WE MET UP AND WE HAD SOME KIND OF COMMON GOALS. SO WHEN OUR NEW CITY MANAGER CAME IN, WE COULD GIVE HIM CLEARER, BETTER DIRECTION. SO IF WE COULD JUST SPEND EVEN JUST FOUR HOURS ANY DAY ON THE WEEKEND OR IN THE EVENING, I THINK THAT WOULD BE BENEFICIAL TO EVERYBODY. AND THAT WOULD KIND OF BE TOUCHING ON WHAT COUNCIL MEMBER HEISER IS KIND OF LOOKING FOR TO JUST LIKE, UM, ADDITIONAL INFORMATION WITH EACH OTHER. SO I'D LIKE TO DO THAT. I I WOULD LIKE TO SECOND ON THAT. UM, IF WE CAN HAVE LIKE LITTLE FIELD TRIP AROUND KYLE OR SURROUNDING AREAS AND SPEND TIME TOGETHER. UM, MAYBE SHARING AND GETTING TO KNOW EACH OTHER. UH, JUST TO, TO TOUCH ABOUT, YOU KNOW, BEFORE WE GET A CITY MANAGER, HAVE SOME SORT OF CONNECTION. I, I WOULD LIKE THAT. I DON'T KNOW IF, IF STAFF COULD HELP US COMING UP WITH LIKE A LITTLE, THEY WOULD, THEIR FIELD FIELD TRIP WOULD, WOULD THAT, WOULD THAT BE BASED ON A MOTION, SIR? TO WHERE WE COULD DIRECT STAFF TO FORMULATE A, A DAY TO WHERE WE CAN TOUR DIFFERENT PARTS OF THE CITY. EVEN THE WASTEWATER PLANT, THE NEW PUBLIC SAFETY CENTER. SEVERAL ROADS, DIFFERENT PROJECTS AROUND THE CITY. WELL WE HAVE A WORKSHOP COMING UP FOR OUR ROADS SO WE COULD INCORPORATE IT INTO THAT AS OPPOSED TO ADDING MORE DATES. YEP. BECAUSE WE HAVE A LOT OF COMMITMENTS COMING UP. YEP. [04:40:01] WE COULD DO THAT. THAT DISCUSSION'S ON SATURDAY, IS IT THIS SATURDAY? MM-HMM. . TODAY'S TUESDAY? NO, IT'S 20 WAS THE NEXT SATURDAY. YES, IT'S THE 28TH. OH, IT'S THE 28TH. OH THAT'S RIGHT. OKAY. IT'S 28TH. OKAY. SCARE. THAT'S WHY WE MOVED IT TO THE 28TH. IF IT WAS THE 21ST, WHAT TIME DOES IT START? 8:00 AM 8:00 AM YEAH. WE'LL BE BURNED OUT. CAN WE MAKE SURE THAT CRITICAL STAFF IS THERE? DAY OF THE CHAMBER? I, WE'RE ALL BURNED OUT NOW, SO IT'S HARD TO THINK ABOUT PLANNING MORE MEETINGS, UH, AND MORE HOURS, YOU KNOW, RIGHT NOW FOR ME AT LEAST. SO I, I DON'T KNOW. DUNNO, IT HAS TO BE A SEPARATE DAY, RIGHT? BECAUSE I DON'T KNOW IF WE COULD BE SITTING THERE LISTENING TO BOND STUFF AND THEN JUMPING IN A VAN TOGETHER. WELL, WHY DON'T WE JUST POSTPONE IT FOR NOW WE HAVE ANOTHER BIG WORKSHOP COMING UP. LET'S TAKE A LITTLE TIME AND PROCESS IT AND THEN JUST MOVE, MOVE FORWARD. YEAH. THE MOTIONS FOR POST. ALL RIGHT. ALL IS IN FAVOR, SAY AYE. AYE. AYE. ALL OPPOSED? NO. ALL RIGHT. MOTION CARRIES. SIX TO ONE. OKAY. ALL RIGHT. NEXT ITEM IS A IS A TWOFER, UH, ITEM 36 AND ITEM 10, DISCUSSION OF POSSIBLE ACTION OF MAKING THE CITY OF KYLE POOL IN. OR DO YOU WANT ME TO TAKE ONE IN THE OTHER OR BRING 'EM BOTH UP TOGETHER? YES. IS YOUR, YOU PULLED ITEM 10, SO YOU WANTED IT TO BE WITH THIS? YEAH, I JUST, I MEAN, JUST GO, YOU CAN DO 36 FIRST AND I'LL LEAD RIGHT INTO 10. WOULD THAT BE OKAY? DISCUSSION OF POSSIBLE ACTION OF MAKING THE CITY OF KYLE POOLE ENTRY, UH, FREE OF CHARGE AND DIRECTING STAFF TO ENGAGE IN COMMUNICATION WITH THE LOCAL HIGH SCHOOLS SWIM TEAMS TO DISCUSS PARTNERSHIP PROGRAMS PROVIDING LIFEGUARD JOBS DURING THE SUMMER TO THE SWIM TEAM. STUDENTS. THIS ITEM IS SPONSORED BY COUNCIL MEMBER PARLEY AND HEISER. WHO WANTS THE FLOOR? YOU WANT ? UH, YEAH. SO THE REASON NUMBER ONE, UH, I, I'VE LOOKED AT THE, THE, THE NUMBERS AROUND POOL REVENUE AND USAGE AND IT'S NOT, UH, IT'S NOT LIKE A HUGE MONEY MAKER FOR THE CITY. UH, WE HAVEN'T BEEN ABLE TO KEEP THE POOL OPEN FOR SUSTAINED PERIODS OF TIME. AND I KNOW THAT THERE WERE ISSUES, YOU KNOW, COVID HAD A LOT TO DO WITH THAT. UH, BUT WHEN YOU LOOK AT THE LAST YEAR, UH, PEOPLE JUST REALLY AREN'T UTILIZING THE POOL AND IT'S CUZ THERE'S A LACK OF CONSISTENCY ON, UH, OPERATIONS. SO I WANTED TO PULL THIS WITH NUMBER, UM, NUMBER 10, BECAUSE WE'RE GONNA INVEST MORE MONEY IN THE POOL, WHICH I'M IN FULL SUPPORT OF. I JUST THINK IF WE'RE GONNA INVEST THIS MONEY, WHICH I KNOW HAS ALREADY BEEN BUDGETED FOR THAT WE SHOULD HAVE APPROPRIATE PLANS TO STAFF THE POOL. WELL, UH, SO I DON'T, I DON'T MEAN TO ACTUALLY JUMP IN, BUT I'M JUST REALIZING THAT WE'VE PROBABLY GOT 90 MINUTES WORTH OF CONVERSATION IN THE NEXT FOUR ITEMS COMBINED. WE'RE TALKING ABOUT SOME PRETTY SIGNIFICANT THINGS AND SMALL THINGS, BUT IT IS MIDNIGHT AND I'M, I'M JUST SITTING HERE THINKING ABOUT HOW ACTIVE OUR BRAINS ARE TO DEAL WITH SOME OF THESE QUESTIONS. AND IS THERE A WAY FOR US TO BRING THIS UP AT ANOTHER TIME? OR DO Y'ALL WANT TO KEEP SLOGGING THROUGH ON THESE ITEMS? YOU MEAN TO POSTPONE THE REST OF THE ITEMS FROM THE AGENDA? YEAH, I'M JUST SAYING THAT IT'S MIDNIGHT AND MOVING, MOVING A LOT FURTHER PAST THIS CONVERSATION. THEY'RE GOOD CONVERSATIONS TO HAVE. NONE, NONE OF THESE ARE, ARE TIME SENSITIVE. UH, SO I WANT TO, AND I'M NOT SAYING TO PUSH 'EM, WE CAN, WE CAN MOVE THESE ITEMS UP. I'M NOT SAYING KEEP PUTTING 'EM AT THE END WHERE THIS HAPPENS, BUT BECAUSE IT'S MIDNIGHT, WE HAVE FULL STAFF HERE TO LISTEN TO THESE CONVERSATIONS. IN, IN MY OPINION, THIS IS ABOUT WHEN OUR ABILITY TO PROCESS INFORMATION WILL, WILL WE BE ABLE TO BRING THIS, HAVE THESE DISCUSSIONS ON SATURDAY? WE COULD. SO MAY I, I WOULD LIKE TO MAKE A MOTION TO MOVE ITEMS. 36, 37, 38, 39 AND 10 TO SATURDAY'S. MEETING 32ND TO THE WORKSHOPS MEETING. TO THE WORKSHOP MEETING. YEAH. ALL RIGHT. UH, MOTIONS MADE BY COUNCIL MEMBER PARSLEY, SECONDED BY COUNCIL FLORES KS. THEIR DISCUSSION ON THAT MOTION. ALL IS IN FAVOR, SAY AYE. AYE. AYE. AYE. AYE. ALL OPPOSED. MOTION TO ADJOURN. SECOND. ALL RIGHT. THERE WE GO. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.