[22. (First Reading) Consider approval of an ordinance amending the City's adopted budget for Fiscal Year 2023-2024 to authorize the Mayor and City Council members to access the health insurance program on the same terms as full-time City employees and to reallocate funds currently available for mileage reimbursement for the Mayor and City Council members to create a mileage stipend for the Mayor and each City Council member in the amount of $300 per month to cover the cost of using a personal vehicle for City business; and amending Ordinance No. 1043 regarding City Council health insurance access.]

. 22 1ST RATING CONSIDER APPROVAL OF AN ORDINANCE MEANING THE CITY IS ADOPTED BUDGET FOR FISCAL YEAR 2324 TO AUTHORIZE MAYOR CITY COUNCIL MEMBERS TO ACCESS UH, ACCESS TO HEALTH INSURANCE PROGRAM ON THE SAME TERMS AS FULL TIME CITY EMPLOYEES AND TO REALLOCATE FUNDS CURRENTLY AVAILABLE FOR MILEAGE REIMBURSEMENT FOR THE MAYOR AND CITY COUNCIL MEMBERS TO CREATE A MILEAGE STIPEND FOR THE MAYOR IN EACH CITY COUNCIL MEMBER IN THE AMOUNT OF $300 PER MONTH TO COVER THE COST OF USING A PERSONAL VEHICLE FOR CITY BUSINESS AND EMITTING ORDINANCE, 1043. REGARDING CITY COUNCIL HEALTH INSURANCE PROCESS, MR ELIZONDO. GOOD EVENING, MAYOR AND COUNCIL. UH THIS ITEM IS WAS A COUNCIL REQUESTED ITEM TO STAFF TO DO A STUDY ON CITY COUNCIL COMPENSATION. SPECIFICALLY THE, UH, MILEAGE STIPEND AND THE, UM, INSURANCE.

SO FOR ANYONE WATCHING THAT DOESN'T KNOW OUR CURRENT COUNCIL COMPENSATION. WE HAVE A SALARY OF 1000 PER MONTH FOR COUNCIL MEMBERS 1300 PER MONTH FOR THE MAYOR AND EXPENSE STIPEND OF $500 PER MONTH AND THEN LIGHT I ITEMS IN THE BUDGET PROVIDED FOR OTHER EXPENSES. THE COUNCIL DOES HAVE ACCESS TO CITY HEALTH INSURANCE. BUT IT IS AT THE FULL COST DEDUCTED FROM THEIR MONTHLY SALARY. THE TWO THINGS WE'RE TALKING ABOUT THE MILEAGE STIPEND AND THE HEALTH INSURANCE. THE MILEAGE STIPEND FOR PURCHASES FOR PURPOSES OF EFFICIENCY, AND THE CURRENT

[00:15:02]

MILEAGE TYPE AND REIMBURSEMENT LINE ITEM COULD BE REAL LOCATED TO CREATE A $300 PER MONTH STIPEND FOR THE MAYOR AND COUNCIL. UH AMENDMENT IS BUDGET NEUTRAL, SO THE COST WOULD JUST BE A SWITCH OVER, BUT, UH, IT WOULD COVER REASONABLE COSTS RELATED TO THE USE OF PERSONAL VEHICLES FOR CITY COUNCIL BUSINESS. IT IS THERE IS CITY COUNCIL'S TIME IN FILLING OUT THE MILEAGE. THE PAPERWORK UM IS CAN BE A LITTLE BIT TEDIOUS. AND THEN ALSO, THERE IS STAFF AND ADMINISTRATIVE TIME THAT IS ASSOCIATED WITH THAT AS WELL. WHEN IT COMES TO ACCESS TO CITY HEALTH INSURANCE. WE HAVE A CURRENT ORDINANCE OF 1043 THAT GIVES THE ABILITY TO ACCESS CITY HEALTH INSURANCE, BUT IT LIKE I SAID IT WAS, IT'S REQUIRED AT FULL COST FOR THE COUNCIL MEMBERS. STATE LAW DOES ALLOW COUNCIL MEMBERS TO BE ON THE SAME HEALTH INSURANCE, UH, AT AS THE CITY AS EMPLOYEES ARE FOR THE CITY, AND SO COUNCIL MAY CHOOSE TO AMEND THE ORDINANCE OF 1043 AND THE BUDGET TO ALLOW ACCESS TO THE CITY'S HEALTH INSURANCE PROGRAM ON THE SAME TERMS AS EMPLOYEES. SO THE OPTIONS TONIGHT ARE TO APPROVE THE ORDINANCES DRAFTED WITH BOTH THE MILEAGE DI AND THE ACCESS TO HEALTH INSURANCE AT THE SAME TERMS AS EMPLOYEES COUNCIL CAN AMEND THE ORDINANCE TO APPROVE SOME OF THOSE CHANGES AND ADJUST THE HEALTH INSURANCE OR THE MILEAGE TYPE AND OR DENY THE ORDINANCE ALTOGETHER. ALL RIGHT. THANK YOU. MR ALEXANDER.

APPRECIATE THE OVERVIEW. UM I'LL START WITH JUST A BRIEF HISTORY OF COUNCIL COMPENSATION IF YOU'D LIKE, UH AND THEN WE CAN HAVE A COUPLE OF COMMENTS. UH, AND SEE WHERE WE GO FROM THERE. UM I APPRECIATE THE FEEDBACK I WILL TELL YOU. THIS IS PROBABLY THE 20TH TIME. I'VE HAD A CONVERSATION ABOUT COUNCIL COMPENSATION FROM THIS CHAIR, SO I'M VERY ACCUSTOMED TO HAVING IT IN IN EVERY CASE THERE HAVE BEEN ABOUT THIS SAME NUMBER OF FOLKS THAT HAVE, UH, COME AND SPOKEN OUT AGAINST IT. SO I UNDERSTAND THAT IT'S A COMPLICATED ISSUE. UH I ALSO UNDERSTAND THAT FOLKS FEEL A CERTAIN WAY ABOUT ALLOWING FOR COUNCIL MEMBERS TO RECEIVE BENEFITS FROM THE CITY.

AND OBVIOUSLY THE ARGUMENT CAN BE MADE AS HAS BEEN MADE HERE AND MANY TIMES IN THE PAST THAT COUNCIL MEMBERS SHOULD NOT BE COMPENSATED AT ALL AND SHOULD NOT BE ABLE TO HAVE HEALTH INSURANCE AND SHOULD TREAT IT AS A PART TIME JOB. AND THE EXPECTATION WOULD BE GENERALLY SPEAKING, UH, THAT COUNCIL MEMBERS NEED TO HAVE THEIR OWN FULL TIME EMPLOYMENT IN ORDER TO BE ABLE TO MAKE SOMETHING UH, SERVING ON THE CITY COUNCIL. UH, FUNCTIONING FUNCTIONABLE, UH, I'VE SERVED NOW WITH 21. THE COUNCIL MEMBERS OVER THE LAST EIGHT YEARS. UH I WOULD SAY THAT PROBABLY HALF OF THEM, UH, FELL ON ONE SIDE OF THE CAMP, WHERE THEY HAD FULL TIME EMPLOYMENT ELSEWHERE IN A CAREER AND AS SUCH, THEY SORT OF THOUGHT OF THEIR JOB IN A SPECIFIC WAY. UH, THEY ENGAGED IN A SPECIFIC WAY. BASED ON I. I WORK ELSEWHERE. I SHOW UP EVERY OTHER TUESDAY. I STUDY FOR THE AGENDA. THAT'S THE MAJORITY OF MY ROLE. UH, I'VE ALSO SERVED WITH UH, ABOUT HALF AS ABOUT THE OTHER HALF OF THE COUNCIL. WHERE THEY REALLY PUT IN. UH YOU KNOW, A LOT OF EFFORT. UH, AND IT PROBABLY IMPACTED THEM FINANCIALLY. THERE'S A LOT OF STRESS, UH, ON THE JOB OF BEING A COUNCIL MEMBER, THIS IS VERY DIFFICULT TO TRY TO EXPLAIN TO FOLKS THAT WHAT WHAT IT EVEN IS TO, UH TO BE A COUNCIL MEMBER, AND HOW MUCH TIME AND ENERGY IS REQUIRED . UH I'VE ALWAYS FELT THAT COUNCIL MEMBERS SHOULD BE PAID IN SUCH A WAY THAT THE AMOUNT OF COMPENSATION THAT COMES TO THEM IS NEVER SO MUCH THAT THEY WOULD RUN FOR CITY COUNCIL SO THAT THEY COULD BE COMPENSATED FOR THE MONEY OR FOR THE BENEFITS. I'VE ALSO FELT THAT COUNCIL MEMBERS SHOULD NEVER BE PAID SO LITTLE THAT THE AVERAGE RESIDENT IS PREVENTED FROM RUNNING FOR COUNCIL BECAUSE THE SACRIFICE REQUIRED TO DO THE JOB RIGHT CAUSES THEM TO STRUGGLE TO MAINTAIN FULL TIME EMPLOYMENT. AND AT THE CENTER OF THAT, UH, IS HEALTH INSURANCE AND THAT IN THAT PARTICULAR BENEFIT, BECAUSE IT'S HARD TO MAINTAIN FULL TIME EMPLOYMENT WITH WITH BENEFITS.

UH IF YOU ARE A MAYOR OR COUNCIL MEMBER, I WOULD SAY THAT OF THE 21 COUNCIL MEMBERS. I'VE SERVED WITH PROBABLY HALF OF THEM. SPEND 20 TO 30 HOURS A WEEK. UH, ON THEIR JOBS, THE MAYOR SPENDS MORE UH, IT'S ALMOST IMPOSSIBLE FOR A MAYOR IN PARTICULAR TO HAVE, UH, FULL TIME EMPLOYMENT ELSEWHERE AND TO TREAT THE JOB AND THE DEMANDS THAT ARE ON THE CITY OF KYLE, UH, WITH, UH, THE TYPE OF, UH, INTEREST THAT IS REALLY REQUIRED, UH IN TIME AND ENERGY AND FOCUS. THE MAYOR BEFORE ME, WAS A, UH, AN ATTORNEY WHO HAD HIS OWN PRACTICE. UH, HE WAS ABLE TO DO THAT JOB. UH, AND, UH, THE MAYOR , BUT HIS PRACTICE WAS REALLY, UH, STRUGGLE AS A RESULT, THE MAYOR BEFORE HIM, UH, WAS, UH, YOU KNOW, A PART OF A FAMILY THAT ALLOWED FOR HER TO BE ABLE TO WORK, UH, WITHOUT CONCERNING WITH MONEY. SO A AS I'VE SAID MANY TIMES, YOU KNOW, SO I'VE VOTED ON INSURANCE TWICE. I'M OVER FOR TWO. SO IT'S THERE'S NOTHING NEW IF ANYBODY IS

[00:20:03]

FEELING LIKE I'M SAYING SOMETHING NEW, UM MOST MOST OF MY COLLEAGUES HAVE HEARD ME TALK ABOUT THIS IN THE PAST. UM I UNDERSTAND THE ARGUMENT THAT COUNCIL MEMBERS SHOULDN'T BE ALLOWED TO TAKE FULL COVERAGE INSURANCE BECAUSE THEY DON'T WORK FULL TIME. UH, IT'S COMPELLING THAT THE PROBLEM, THOUGH, IS THAT COUNCIL MEMBERS, THE JOB OF BEING A COUNCIL MEMBER IS NOT A TRADITIONAL PART TIME JOB. IT'S OFTEN TIMES, UH, WHERE YOU ARE REQUIRED TO HAVE A BREAKFAST WITH THE CONSTITUENT OR A LUNCH WITH THE CONSTITUENT OR AN AFTERNOON MEETING WITH THE COUNTY COMMISSIONER OR DRIVING UP TO THE LEGISLATURE, UH, ANSWERING EMAILS ANSWERING CALLS MEETING WITH STAFF MEETING WITH COLLEAGUES MEETING WITH OTHER JURISDICTIONS. IT IS ALL OVER THE PLACE. IT'S MORNING, NOON AND NIGHT AND YES, IT'S NOT EVERY MINUTE OF EVERY DAY, BUT IT'S A LOT AND I THINK ABOUT I THINK ABOUT IT, AND I'VE ALWAYS THOUGHT ABOUT IT FROM THE PERSPECTIVE OF WHAT DO WE WANT FROM OUR CITY COUNCIL MEMBERS, AND I THINK THAT'S WHERE THE DIVIDE IS BECAUSE I THINK SOME FOLKS AND I KNOW MOST OF Y'ALL BY NAME. UH, THAT CAME AND SPOKE , BUT I THINK YOU KNOW, SOME FOLKS HAVE A MENTALITY THAT COUNCIL MEMBERS SHOULD NOT BE COMPENSATED AND THAT THEY SHOULD REALLY PUT THE POSITION OVER HERE. OR IF YOU IF YOU'RE NOT INDEPENDENTLY WEALTHY OR RETIRED, UH OR HAVE EXTREMELY FLEX ABOUT HOURS. MAYBE YOU JUST SHOULDN'T CONSIDER RUNNING. UH THE PROBLEM WITH THAT IS THE MAJORITY OF THE RESIDENTS IN OUR CITY. DON'T FIT THOSE CATEGORIES , BUT IT'S DISPROPORTIONATELY AFFECTS THOSE TYPES OF PEOPLE.

AND SO, I. I BELIEVE THAT INSURANCE SHOULD BE SOMETHING THAT WE PROVIDE OUR COUNCIL MEMBERS II. I THINK THE STIPEND THE $300 REALLY DOES COME DOWN TO STAFF HAS BEEN HAVING A HARD TIME PROCESSING. UH, SOME OF THOSE IN THE MILEAGE REIMBURSEMENTS IN PARTICULAR, ARE, UH SO, UH, THERE WAS DISCUSSION. IT'S BROUGHT FORWARD . I HAVE NO IDEA HOW TO VOTE WILL WILL GO, BUT IT'S JUST ALWAYS BEEN MY OPINION THAT IN PARTICULAR ON THE INSURANCE THAT THAT WOULD BE SOMETHING THAT WE SHOULD DO, UH, AND THE IDEA OF HAVING US PAY 100. AS AN EXAMPLE . UM I DID IT WHEN WE MADE THAT RULE. THE FIRST YEAR I TRIED TO TAKE THAT INSURANCE AND THE COST OF THE INSURANCE WAS MORE THAN THE PAY. SO TO BE THE MAYOR OF THE CITY OF KYLE, I HAD TO WRITE A CHECK TO THE CITY EVERY MONTH FOR A YEAR. SO MY POINT IS REASONABLE PEOPLE CAN VIEW IT DIFFERENTLY, AND I'VE TALKED TO HUNDREDS OF PEOPLE WITH REGARDS TO COMPENSATION. NOT JUST THE ONES WHO TALK TO FOLKS AND COME HERE AND SPEAK. HUNDREDS OF FOLKS END UP MAJORITY OF THEM OVERWHELMING MAJORITY OF THEM ARE SHOCKED WHEN THEY FIND OUT THAT THE MAYOR OF KYLE, WHO HAS AN INCREDIBLE, YOU KNOW, STRESSFUL JOB AND A LOT OF DEMANDS, UH, ONLY MAKES $1300 A MONTH AND IS NOT ALLOWED TO HAVE INSURANCE. YOU KNOW, I UNDERSTAND THAT FOLKS CAN BE UPSET WITH THAT. BUT IT IS A SIGNIFICANT BURDEN. UH, TO TRY TO DO THAT, AND I HAVE TRIED.

I'VE CARRIED THAT BURDEN THROUGH THE YEAR AND I YEARS AND I HAVE SEEN COUNCIL MEMBERS CARRY THAT BURDEN, UH, WITH WITH HONOR, AND IF THEY YOU KNOW, AREN'T BEING ABLE TO TAKE INSURANCE FROM THE CITY. THEY DON'T QUIT. THEY KEEP MOVING FORWARD, BUT IT'S SUFFERING. AND IT'S NOT EASY FOR FOLKS TO PARTICIPATE. IN THAT WAY. SOME FOLKS CAN DO IT. I THINK IT SHOULD BE MADE AVAILABLE TO ALL THAT. WE SHOULD TRY TO CAST THE WIDEST NET, UH, TO ALLOW FOR THE FOLKS WHO HAVE WE WERE TALKING ABOUT AN EXECUTIVE SESSION JUST A FEW MINUTES AGO. HOW MUCH IS COMING BEFORE US? UH AS A CITY COUNCIL THIS YEAR, THEY REALLY DECISIONS THAT WE NEED TO MAKE. AND IF YOU CAN BE THE KIND OF PERSON THAT JUST SHOWS UP AT THE MEETINGS, UH AND PROVIDE YOUR UP AND DOWN VOTE, WHICH IS A CRITICAL PART, BUT THERE ARE LOTS OF OTHER OPPORTUNITIES TO ENGAGE TO TRY TO MAKE THE COMMUNITY BETTER. UH, BUT IT'S DIFFICULT TO DO THAT WITH A FULL TIME JOB, AND I'VE SEEN IT WITH 21 COUNCIL MEMBERS. SO IT'S NOT SOMETHING THAT I THINK IS SOMETHING THAT I KNOW IN MY BONES. UH, SO THAT'S JUST WHERE I'VE STOOD. I'VE STOOD. I'VE STOOD THERE FOR A LONG TIME. SO I SUPPORT IN PARTICULAR THE INSURANCE INITIATIVE. BUT THAT'S JUST THAT'S JUST MY OPINION ON IT. AND SO I WILL YIELD THE FLOOR. DOES ANYBODY HAVE ANY ADDITIONAL COMMENTS? COUNCIL MAYOR PARSLEY THANK YOU, MAYOR. SO IT REALLY WASN'T UNTIL I BECAME A COUNCIL MEMBER THAT I REALIZED THAT TIME AND EFFORT THAT IT TAKES TO DO THE JOB, RIGHT? UM WE LOVE IT. I DON'T THINK ANY OF US DECIDED TO RUN FOR COUNCIL BECAUSE OF THE COMPENSATION OR THE BENEFITS THAT COME WITH IT BECAUSE IT REALLY WE DON'T GET ANY OTHER BENEFIT. OTHER THAN THAT WE ARE MAKING DECISIONS AND WE'RE TRYING TO SHAPE THE CITY IN A WAY THAT WE FEEL PROUD OF. YOU KNOW, AT THE END OF OUR TERM, UM IN AUGUST. 20 22ND WE SELECTED THE COMPENSATION COMMITTEE, AND THEY DETERMINED THAT THE COUNCIL SALARY SHOULD HAVE REMAINED THE SAME. HOWEVER AFTER THAT

[00:25:01]

DETERMINATION WE HAD A COUPLE OF MEMBERS OF THAT COMMITTEE THAT MADE A SUGGESTION FOR COUNCIL TO GET A COM A STIPEND OF $500, WHICH WE TOOK. UM HOWEVER, THEY HEALTH INSURANCE HAS BEEN AVAILABLE. IT'S JUST TO THE CAR FULL COST TO THE COUNCIL MEMBERS. UM THIS MIGHT BE AN UNPOPULAR OPINION AGAIN, YOU KNOW FOR THE RESIDENTS, BUT EVER SINCE THE MOMENT I GOT ELECTED, I HAVE SEEN THE TIME AND EFFORT THAT THE MAYOR PUTS FOR THE CITY OF CAYO. UM I AM VERY WELL AWARE THAT HE SPENDS MORE THAN 40 HOURS PER WEEK. AND IT IS A SURPRISE TO ME THAT YOU HAVE NOT GOT AN INSURANCE OR BEING COMPENSATED THE WAY THAT YOU SHOULD. THIS IS NOT BECAUSE I'M GONNA RUN FOR MAYOR AND I'M SAYING THIS AT SOME POINT. THIS IS JUST BECAUSE I HAVE SEEN AND LEARNED SO MUCH FROM YOU THAT I FEEL LIKE IT IS REALLY CRAZY THAT YOU HAVE NOT BEEN COMPENSATED THE WAY THAT YOU SHOULD, UM OR HAVE AT LEAST HEALTH INSURANCE MOVING. 24 7 DOING THINGS FOR THE CITY OF KYLE. BUT I CANNOT SAY THE SAME ABOUT THE REST OF THE COUNCIL BECAUSE MOST OF US HAVE FULL TIME JOBS. UM AND THEN WHAT WE DEDICATE TO THE CITY, I WOULD SAY, PROBABLY BETWEEN ANSWER EMAILS OR MEETING WITH RESIDENTS OR DOING VISITS OR MEETING WITH STAFF. UM CAN TAKE. I DON'T KNOW I IT'S PROBABLY DIFFERENT FOR EACH ONE OF US LIKE IT MAY TAKE 1520 HOURS FOR ME PER WEEK, BUT IT MAY TAKE TOBIAS 25 OR IT MAY TAKE UNICA 30. I DON'T KNOW. UM SO UM, NUMBER ONE FOR THE STIPEND. I THINK WE ARE TRYING TO GO AROUND THE CHARTER, AND I'M NOT OK WITH THAT. I THINK WE SHOULD WAIT UNTIL AUGUST 2025 TO SELECT A NEW COMMITTEE THAT THEY CAN DETERMINE IF COUNCIL SHOULD HAVE A STIPEND OR A CHANGE IN THE SALARY. MY SUGGESTION WOULD BE SINCE THERE IS A CERTAIN AMOUNT OF TIME THAT COUNCIL PUTS INTO THE CITY THAT MAYBE THERE IS A 50. PRICE DISCOUNT THAT THE COUNCIL MEMBER CAN CHOOSE. TO SO LIKE HEALTH INSURANCE. BUT I DON'T THINK THAT THE CITY SHOULD HAVE THE BURDEN OF PAYING THE FULL AMOUNT FOR A COUNCIL MEMBER. OK? COMMENTS. COUNCILS. AND I WOULD NOT BUT TO VOTE IN FAVOR OF THE STIPEND. I BELIEVE THAT THAT LIMITS TRANSPARENCY AND ACCOUNTABILITY. UH IT IS MUCH SIMPLER. IT WOULD IN FACT, PROBABLY BE A SAVINGS TO THE CITY IF WE WENT TO IF WE SIMPLIFIED THAT PROCESS, BUT I DO THINK THAT ACCOUNTABILITY HAS BEEN AN ISSUE FOR US IN THE PAST, AND I WOULD LIKE TO SEE THAT WE TAKE THE EFFORT AS A COUNCIL TO DOCUMENT OUR EXPENSES . I DON'T THINK THAT'S A BURDEN EITHER FOR UH, OUR CREDIT CARDS OR FOR OUR MILEAGE. AND THE MATTER OF HEALTH INSURANCE. I PULL I PUT ON MY HEALTH. THAT UM I BELIEVE EVERYONE SHOULD BE INSURED. I BELIEVE NO ONE IN OUR COMMUNITIES SHOULD BE WITHOUT INSURANCE. THAT HEALTH CARE IS RIGHT. UM AND IT HURTS ME WHEN I SEE MY NEIGHBORS THAT ARE HAVING HUGE BILLS THEY CAN'T AFFORD. UM, THAT THEY CAN'T AFFORD INSURANCE. UM, I DON'T WANNA SEE THAT IN OUR CITY. MY OPINION IS THAT WHENEVER WE CAN PROVIDE, UH SOMETHING LIKE HEALTH INSURANCE THAT BENEFITS NOT ONLY THAT INDIVIDUAL BUT THE ENTIRE CITY BECAUSE IF THAT INDIVIDUAL IS ILL IF THE MAYOR IS ILL. AND HAND CANNOT GET APPROPRIATE TREATMENT WHICH COULD HAPPEN. UM OR ONE OF OUR OTHER COUNCIL MEMBERS IS ILL CANNOT GET APPROPRIATE TREATMENT. THAT IS A PROBLEM FOR ALL OF US, UM, IN THE MANAGEMENT OF THE CITY. SO I , UM I. I AM INCLINED TO VOTE FOR THE INSURANCE. YOU KNOW IF WE TAKE A LOOK AND SAY DECIDE THAT MAYBE THAT NEEDS TO BE 50% I DON'T KNOW, BUT BECAUSE IT IS SLIGHTLY DIFFERENT FROM FULL TIME EMPLOYEES. SO THANK YOU. ADDITIONAL COMMENTS. CASPER TOBIAS. OK, THANK YOU. UH, SINCE IT'S A GIN ITEM WAS BROUGHT FORWARD. THE TWO QUESTIONS THAT I HAVE IS WHAT WOULD BE THE REASONING FOR US TO OVERRIDE THIS CHARTER? AND CAN WE JUSTIFY THE BYPASS OF THIS CHARTER? BECAUSE THE CHARTERS FOR ALL CITIES AND STATE AND REGULATIONS ARE ALL PLACED FOR THIS REASON FOR TRANSPARENCY AND FOR RULES AND REGULATIONS FOR GOVERNMENTS TO OPERATE. UM THERE WILL BE AN

[00:30:06]

OPPORTUNITY FOR A COMPENSATION COMMITTEE. I WAS ON THE ONE IN 2019 WHEN THERE WAS $200, AND IT GOT BUMPED UP TO 1000. UH LOOKING AT THE DIFFERENT COMPENSATIONS AND THE DIFFERENT, UH, HOURS THAT WE WORK AND WE PUT IN FOR CITY COUNCIL. UM IT'S NOT A RIGHT THAT I HAVE TO BE UP HERE. IT'S A PRIVILEGE. TO BE UP HERE AND SERVE AND I MAY BE THE OLD GUY HERE, BUT I STILL HAVE THE MINDSET OF FREE WILL IN CHOICE. THIS WAS MY CHOICE TO RUN FOR CITY COUNCIL. NOBODY TOLD ME THAT I HAD TO BE FORCED TO DO THIS. IT IS MY CHOICE TO STAY UP LATE HOURS TO VISIT WITH RESIDENTS, ESPECIALLY LAST NIGHT, 11 O'CLOCK AT NIGHT RECEIVING PHONE CALLS REFERENCING ITEM 22 BEING THAT I WORK IN A UP AT FOUR IN THE MORNING. BUT AGAIN, I WANTED TO UNDERSTAND THE REASONING FOR THE OVERRIDE. WHY WE SHOULD BE BYPASSING A VOTER APPROVED CHARTER. TO GET BENEFITS GOING FORWARD AND AGAIN. YES, I DO RECEIVE THE STIPEND AND I DO RECEIVE THE SALARY. UM BUT THERE'S ONE OTHER THING THAT, UM SOME OF THE RESIDENTS MAY KNOW OR NOT KNOW ABOUT. WE ALSO HAVE CREDIT CARDS. THAT WE USE. OR THAT'S ALSO BEING USED FOR US DO WE HAVE THE AMOUNTS PER MONTH THAT IS REQUIRED OR THAT IS APPROVED. WE YOU KNOW HOW MUCH THAT IS BECAUSE I USED TO HAVE AN ACTIVATED MINE YET THIS YEAR, SO UM WHAT IS IT THAT WE HAVE ON THOSE CREDIT CARDS? WELL IT'S JUST OUR BUDGET. YEAH IT'S WITHIN THE BUDGET, BUT WE'RE WE'RE STILL HAVE ACCESS TO CREDIT CARDS AS WELL. SO, UM THOSE ARE MY QUESTIONS. IF ANYBODY WOULD LIKE TO ANSWER WHY WE SHOULD BYPASS THE CHARTER. AND UH, AND JUSTIFY THE REASONING WHY WE'RE TRYING TO OVERRIDE TO GET THE STIPEND. IF THERE'S ANYBODY THAT COULD HELP ME UNDERSTAND WHY WE NEED TO DO THAT. IF NOT UM, MAYOR I LIKE TO GO AND MAKE A MOTION TO DENY IN DISAPPROVE THE ORDINANCE AMENDING THE ADOPTED BUDGET IN AUTHORIZE THE MAYOR AND CITY COUNCILS INSURANCE AND ALSO TO DISAPPROVE AND DENY THE ADDITIONAL 300 PER MONTH FOR GAS MONEY, MILEAGE REIMBURSEMENT FOR MAYOR AND CITY COUNCIL ALL RIGHT MOTION TO DENY MADE BY COUNCILOR TOBIAS IS THEIR SECOND. ALL RIGHT. MOTION FAILS FOR LACK OF A SECOND CUSTOMER, ZUNIGA. SO I THOUGHT WE WERE ALL GONNA GET AN OPPORTUNITY BEFORE YOU MADE THE MOTION. THAT'S WHY I DIDN'T WANNA SECOND THAT MR TOBIAS, I'D LIKE TO START BY STATING THAT AS PUBLIC OFFICIALS, UH, WE MUST UNDERSTAND THE CONCERNS OF ALL OUR RESIDENTS, ESPECIALLY WHEN IT RELATES TO TOTAL COMPENSATION. AND WE MUST DEMONSTRATE A HIGH STANDARD. FOR OUR CITY. THE STAFF AND FISCAL RESPONSIBILITY. WHETHER THERE ARE VALID REASONS ARE INVALID REASONS IS NOT THE QUESTION.

THAT I FEEL WE NEED TO BE ASKING. THE QUESTION IS WHETHER THIS IS THE APPROPRIATE FORUM TO DISCUSS THE COUNCIL MEMBER COMPENSATION. IT'S MY OPINION AND ONLY MY OPINION. THAT I SHOULD NOT BE. THE DECISION MAKER. ON MY COUNCIL COMPENSATION. AS I BELIEVE THE CHARTER HAS AN ESTABLISHED AVENUE FOR THAT. I ALSO ASK THAT WE AS COUNCIL MEMBERS. FOLLOW THE PROCEDURAL RULES IN THE CHARTER. AND WAIT FOR A FULL COMPENSATION. COMMITTEE IN 2025 TO EVALUATE THIS. THIS DOESN'T MEAN THAT IN THE FUTURE, WE WILL NOT HAVE A GREATER NEED TO ADAPT AS A COUNCIL BECAUSE OUR CITY IS OBVIOUSLY GROWING SO FAST. AND AT THAT POINT, THERE MIGHT BE A NEED TO INCLUDE BENEFITS FOR THE VARIOUS REASONS MANY THAT THE MAYOR OUTLINED BUT I WOULD PREFER TO WAIT. AND HAVE OUR RESIDENTS PROVIDE US THAT FEEDBACK AND THE COMPENSATION COMMITTEE. AND ONE QUESTION THAT I HAVE ALSO, UM I DON'T UNDERSTAND HOW IT WORKS FINANCIALLY. IS IF WE DID OFFER A 50% DISCOUNT BECAUSE I ALSO SUPPORT THAT PEOPLE SHOULD HAVE AFFORDABLE HEALTH CARE IF WE DID OFFER 50% DISCOUNT AND ONE COUNCIL MEMBER. NEEDED TO USE THE PLAN. BUT ANOTHER COUNCIL MEMBER DOES NOT. EXCEPT THE HEALTH INSURANCE. HOW DOES THIS IMBALANCE. THE COUNCIL MEMBER BUDGETS. FOR EVERY DISTRICT. SO I THINK THAT THIS IS A QUESTION

[00:35:07]

THAT NEEDS TO BE FIGURED OUT FINANCIALLY. AND SO I'M NOT. I DON'T KNOW IF I HAVE THE DOLLAR AMOUNT. TO MAKE THAT DECISION. UM, UP HERE. AND THOSE ARE MY THOUGHTS. SO IN IN THIS SCENARIO IF ONE COUNCIL MEMBER WE HAVE A 50 PER CENT DISCOUNT. THEY TAKE THE HEALTH INSURANCE. THAT'S AN THAT'S A COST INCREASE. BUT ANOTHER COUNCIL MEMBER DOES NOT. NEED. THE HEALTH INSURANCE SO HOW DO WE BALANCE THE BUDGET? A EVERY DISTRICT COUNCIL MEMBER. ALL RIGHT. ADDITIONAL COMMENTS.

THATS WEER HEISER. THANK YOU, MAYOR. UM YEAH, THIS IS A VERY INTERESTING POSITION TO BE IN RIGHT NOW, BECAUSE I KNEW THE RISKS. OF RUNNING FOR COUNCIL. AND I KNEW WHAT IT MEANT TO BE A PUBLIC SERVANT. AND THAT MY PERSONALITY DOESN'T LEND TO DOING THINGS HALF. UH, EXCUSE MY LANGUAGE. SORRY. PARDON THE EXPRESSION. AND SO I GOT ELECTED AND I TOOK MY SEAT AND REALIZED THAT IT'S EITHER 100% OR 0. AND IT. TOOK A DRAMATIC EFFECT ON MY BUSINESS TO THE POINT WHERE I DIDN'T PERHAPS I WAS NAIVE, OR, UM, JUST TOO OPTIMISTIC THAT IT WOULD ALL FIND A WAY TO WORK ITSELF OUT. BEING A PUBLIC SERVANT WAS SOMETHING I ALWAYS KNEW WAS IN MY FUTURE. YOU GUYS HAVE HEARD ME SAY THIS COUNTLESS TIMES, UH, FROM DATING BACK TO MY JUNIOR HIGH SCHOOL. AND I HAD WAITED FOR THE RIGHT MOMENT. UM YOU KNOW, WE KEPT TELLING MYSELF I NEEDED TO GET MY LIFE INTO A CERTAIN ORDER IN IN ORDER FOR ME TO BE ABLE TO DO IT THE RIGHT WAY TO BE ABLE TO PROVIDE FOR MY FAMILY WHILE STILL SERVING THE COMMUNITY. AND UM, YOU KNOW, I'M I'M AGAIN. I MADE THAT CHOICE AND COUNCIL MEMBER TO BE AS WE ALL WE ALL MAKE CHOICES. UM IN OUR LIVES. AND SO I SIT HERE NOW, UM YOU KNOW, WITH THIS OPPORTUNITY SLASH DECISION IN FRONT, UH, IN FRONT OF US AND THINK ABOUT, UH, THE FACT THAT I DO NOT HAVE HEALTH INSURANCE. AND HEALTH INSURANCE IS VERY EXPENSIVE. IF YOU HAVE TO PAY FOR IT, AS I'M SURE SOME OF YOU KNOW, AND SOME OF YOU CAN SIT AND SAY POINT THE FINGER AND SAY THAT YOU KNEW WHAT YOU WERE GETTING YOURSELF INTO. AND I WOULD SAY YOU'RE RIGHT. BUT I DID IT ANYWAY, BECAUSE SERVING IS SOMETHING I ALWAYS KNEW THAT I WANTED TO DO. SO I'M. YOU KNOW , I THINK OF WHAT HEALTH INSURANCE WOULD MEAN FOR MYSELF AND MY FAMILY AND SOME OF THE OTHER FOLKS WHO ARE SITTING UP HERE ON THIS DAIS. AND, UM IT WOULD MEAN A LOT AND MAKE A BIG IMPACT. UM IN, YOU KNOW, UH, IN A POSITIVE WAY AND I WAS SCARED TO GO TO THE DOCTOR BECAUSE IT'S BEEN, UH TOO LONG. SO THERE'S THAT, UM BUT ALSO THAT'S LIVING IN FEAR IS NO WAY TO LIVE. UH, ANYWAY, UM SO I THINK Y'ALL KNOW WHERE I STAND IN MAYOR. UM WITH THAT. I'D LIKE TO MAKE A MOTION TO UM APPROVE OPTION TWO WHICH WOULD BE, UM, AMEND THE ORDINANCE TO APPROVE. UH OR TO ADJUST THE HEALTH INSURANCE ACCESS. FOR COUNCIL MEMBERS. UH, FOR THE SAME OPPORTUNITY AS BEING A STAFF MEMBER. AND NOT THE STIPEND, NOT THE STIPEND.

MOTIONS MADE BY COUNCIL HEISER THAT WE APPROVE AGENDA ITEM NUMBER 22 BY APPROVING THE INSURANCE BUT DENYING THE STIPEND. IS THERE A SECOND OK? I MOTION BY COUNCILOR M HEISER,

[00:40:02]

SECONDED BY MAYOR PRO TIM TO DISCUSSION ON THE MOTION. COMES FROM PARSLEY. SO. WHAT WOULD HAPPEN TO THE REST OF COUNCIL THAT WILL NOT BE TAKEN I. I DON'T WANT ANYBODY HERE TO GET SICK. AND HAVE NO ACCESS TO HEALTH CARE. HONESTLY, IT'S NOT MY INTENTION. TO DO THAT, HOWEVER. IT DOES COST THE CITY ABOUT $10,000 PER YEAR. I DON'T WANNA GET THAT IN CASH IF SOMEBODY ELSE WERE TO TAKE IT, BUT IT WILL. IT WILL CHANGE THE BUDGET. AND THEN IT WOULDN'T BE EQUITABLE FOR ALL OF US. THE BENEFITS THAT WE'RE GETTING SO I DO UNDERSTAND THAT SOME PEOPLE DO PUT ENOUGH TIME IN HERE. THAT SHOULD BE, YOU KNOW, MAYBE ALLOWED. UM BUT I DON'T THINK THAT THAT'S A POSITION THAT WE ALL HAVE. I'M NOT GONNA TAKE IT. MY I'M UNDER MY HUSBAND'S HEALTH INSURANCE. I DON'T KNOW WHAT EVERYBODY ELSE IS SAYING, BUT IT IS NOT SOMETHING THAT IS COMMONLY MADE. AND I DON'T THINK WE ARE IN THAT POSITION. UM AGAIN. THIS MIGHT BE UNPOPULAR.

I DO BELIEVE YOU BEING THE FACE OF THE CITY. SHOULD GET IT. UM I DON'T KNOW THAT THE REST OF CANCEL SHOULD HAVE THAT OPPORTUNITY. I MEAN, FOR THE CITY TO BE TAKING MONEY OUT OF GENERAL FUND TO PAY $10,000 FOR HEALTH INSURANCE. BECAUSE THAT WOULD DEFINITELY IMBALANCE. THE BUDGET THAT EVERY COUNCIL MEMBER GETS IS NOT THAT I WANT THAT IN CASH, BUT IT'S JUST NOT SOMETHING THAT I THINK THAT SHOULD BE A DISCUSSION THAT GETS ADDED ONCE THE COMPENSATION COMMITTEE MEETS AGAIN. WELL OF THE 21 COUNCIL MEMBERS HAVE SERVED WITH, I THINK PROBABLY A THIRD. UH, OF THEM WERE UNINSURED. I'VE SEEN COUNCIL MEMBERS GET UP AND QUIT. I'VE I'VE LISTENED TO. I'VE SEEN PROBABLY, YOU KNOW, 10, DIFFERENT COUNCIL MEMBERS OR SO, UH, EXPRESS EXTREME FRUSTRATION. UH, ONCE THEY GET INTO THE JOB, BECAUSE YOU DON'T KNOW YOU DON'T KNOW HOW HARD IT IS. YES WE ARE PUBLIC SERVANTS. YES WE ARE HERE FOR THE BENEFIT OF THE COMMUNITY . IT IS A SELFLESS ACT. BUT AT THE SAME TIME THE BURDEN IS PRETTY SUBSTANTIAL. YOU KNOW, WE HAVE. WE HAVE LOTS OF DIFFERENT TYPES OF PEOPLE WHO ARE HONORED AND AS A RESULT, NOT PROPERLY COMPENSATED FOR THE WORK, BUT AT THE SAME TIME, THERE'S STILL SOME AMOUNT. I DON'T THINK THAT THE YOU KNOW, I DON'T THINK IT WOULD BE VERY MUCH OF A BUDGETARY IMPACT. UH FOR US TO ALLOW FOR OF THE THIRD OF THE FOLKS THAT THEY COULD BE INSURED JUST SO THAT WE COULD PROTECT, UH, TO PROTECT THE GROUP. BUT EVERYONE HAS A RIGHT TO THEIR OPINION. EVERY VOTE I'VE TAKEN ON COUNCIL COMPENSATION HAS BEEN SPLIT. YOU KNOW, THERE'S A JUST JUST IS THE WAY THAT IT IS.

THERE'S NO WIN HERE, YOU KNOW, I UNDERSTAND. FOLKS GET FRUSTRATED, BUT THAT'S JUST YOU.

YOU YOU GOTTA VOTE THE WAY YOU BELIEVE. AND I'VE BEEN PRETTY CONSISTENT ON THIS SINCE ABOUT 2019. WHEN I STARTED REALIZING HOW DIFFICULT THIS WAS SO ANYWAY, ANY FURTHER DISCUSSION YEAH, JUST, UM YOU KNOW, I'VE BEEN ON DIET FOR A LONG TIME NOW AND, UH, YOU KNOW, I CAN TELL YOU RIGHT NOW. I'M NOT TAKING THE INSURANCE. I'VE GOT INSURANCE GOT A FULL TIME JOB.

I'VE GOT THREE FULL TIME JOBS. AND THAT'S WHAT I DO RIGHT NOW, UM YOU KNOW, I'VE HEARD A LOT OF CRAZY STUFF UP HERE ON THIS DIET. I. I REMEMBER THE LAST CONVERSATION WHEN WE, UH, THE COMMITTEE VOTED FOR ZERO AND WE HAD A COUNCIL MEMBER UP AT 500 VOTE AGAINST IT ALREADY KNOWING SHE WAS GOING TO GET THE 500. I SEE. A COUNCIL MEMBER ASKED FOR CLOSE FOR THE MAYOR BECAUSE THEY WERE GONNA RUN FOR MAYOR. I MEAN , I'VE HEARD A LOT OF CRAZY THINGS UP HERE, AND THIS IS NOT ONE OF THOSE. I MEAN, IT JUST DOESN'T SEEM THAT WAY. IT'S NOT SOMETHING I'M GONNA TAKE ADVANTAGE OF. BUT YOU KNOW IF WE HAVE PEOPLE PUT IN THE TIME I PUT IN A LOT OF TIME, AND THE MAYOR IS RIGHT. WE HAVE COUNCIL MEMBERS JUST SHOW UP FOR THE COUNCIL MEETING, AND THAT'S IT.

I MEAN, THEY'RE NOT PUTTING IN THE TIME I'VE BEEN A PART OF SO MANY TASK FORCE. I'VE BEEN A PART OF SO MANY PROJECTS AND SEEN ON THE FRUITION. AND IT'S GREAT TO BE A COUNCIL MEMBER AND BE A PART OF A PROJECT FROM DAY ONE TO THE LAST DAY. IT'S AMAZING. SOMETIMES YOU DON'T GET THAT OPPORTUNITY. THAT'S ALL RIGHT. BUT IF YOU STARTED IT, IT'S GREAT. I MEAN, THERE'S A LOT OF TIME WE PUT IN HERE AND, UH, PRETTY SOON. I. I WON'T BE ON THIS DIET BECAUSE I WON'T BE ABLE TO PUT IN THE FULL TIME THAT THIS DA WILL TAKE ONE MORE. WE'RE 61,000 RESIDENTS NO LONGER 5000 OR 61,000 RESIDENTS 89% GROWTH RATE BEFORE LONG WE'LL BE AT 100,000. I'M I'M SORRY. I'M GONNA BE A DINOSAUR. I PROBABLY WON'T BE HERE, YOU KNOW, SO IT'S GONNA BE, UH, SOMETHING IS. HOW DO WE GET QUALITY COUNCIL MEMBERS HERE AND, UH, THAT'S THE IMPORTANT THING. UH, THE $300 STIPEND. IT WAS ABOUT SAVING THE CITY. SOME MONEY. YOU KNOW, IF IT DOESN'T PASS, IT DOESN'T PASS. I MEAN, I'M STILL PAYING FOR MY OWN GAS. I DON'T TURN IN THE RECEIPTS BECAUSE I DON'T GIVE THE STAFF, WHICH GOES TO THE CITY SECRETARY AND THEN OVER TO THE FINANCE DEPARTMENT WHO'S

[00:45:05]

WORKING ON BUDGET SEASON MORE TIME, SO I'LL JUST PAY FOR IT OUT OF POCKET. I'LL JUST DO THAT. I'LL CONTINUE TO DO THAT. IT JUST IT UPSETS ME THAT SO MUCH MISINFORMATION OUT THERE AND I I'M SORRY TO GO OFF ON THIS SOAPBOX OR EVEN PREACH. BUT SOMETIMES THERE'S PEOPLE IN THERE. THAT TRY TO MAKE THINGS REALLY BAD WHEN THEY'RE REALLY NOT. AND IT'S JUST SOMETHING THAT YOU KNOW, IN MY HEART. I JUMPED IN HERE FOR SERVICE. I DIDN'T PUT 30 YEARS OF SERVING IN THE COMMUNITY. AND THEN DECIDE TO RUN FOR COUNCIL. MY SERVICE IN THE COMMITTEE LED ME TO THE COUNCIL AND I DIDN'T ASK FOR ANYTHING. WHEN I STARTED HERE, I WAS MAKING $100 A MONTH.

AND THAT'S UH BEFORE TAX. IT'S NOT THE REASON I RAN FOR COUNCIL FOR PEOPLE TO SAY THAT WE'RE HERE TO MAKE A MAKE A LIVING TO MAKE EXTRA MONEY. IT'S NOT TRUE. AND LIKE I TELL YOU, I'M NOT GONNA TAKE ADVANTAGE OF THE INSURANCE. BUT YOU KNOW IT. IT'D BE GREAT TO HAVE IN THE FUTURE COUNCIL MEMBERS. UM WHO CAN LEAD THIS CITY FORWARD THAT ARE GONNA HAVE TO PUT IN FULL TIME EVENTUALLY, WHEN WE GO TO THAT CITY, UH, THIS WOULD PROBABLY JUST BE LAYING THE BASIS IT'S PROBABLY NOT GONNA PASS. BUT YOU KNOW, I, I JUST SOMETIMES I. I GET TIRED OF THE GRANDSTANDING PEOPLE COMING UP HERE AND STANDING BECAUSE THEY'RE PROBABLY LOOKING TO RUN AGAIN.

I'M JUST LIKE, HONESTLY, I'M JUST FED UP. THANK YOU. OK? ROLL CALL. AND MAYOR, WOULD YOU READ THE MOTION AGAIN? THE MOTION IS TO APPROVE THE INSURANCE AS PROPOSED, AND TO DENY THE $300 CHANGE IN THE STIPEND. TOBIAS. NAY. RIZZO. YES. PARIS. YES. PARSLEY, NAY. MITCHELL. YES.

ZUNIGA. A HEISER. ALL RIGHT. MOTION CARRIES 4 TO 3. OK? ALL RIGHT. NEXT UP IS, UH, AGENDA

[3. Consider approval of a minute order appointing Debra Broderick to seat 6 of the Arts and Cultural Board.]

ITEM NUMBER THREE APPOINTMENTS, CONSIDER APPROVAL OF A MINUTE A MINUTE ORDER. APPOINTING DEBORAH BRODERICK TO SEAT SIX OF THE ARTS AND CULTURAL BOARD. MSM. GETTING MAYOR AND COUNCIL AMBER SMYTHS, ASSISTANT CITY MANAGER FOR THE RECORD, UH, THIS IS FOR CONSIDERATION OF APPOINTMENT TO, UH, SEAT SIX OF THE ARTS AND CULTURAL BOARD. UM FOR THIS IS FOR A TERM EXPIRING ON SEPTEMBER 30TH 2024 WE PERFORMED AN INTERVIEW AND THE PANEL WAS MADE UP OF MAYOR PRO TIM RIZZO, MYSELF AND KAYLA SHARP, AND WE DETERMINED THAT THE APPLICANT IS A QUALIFIED CANDIDATE FOR THE BOARD. SHE IS OVER 18 YEARS OF AGE, UM, A RESIDENT OF THE CITY OF KYLE AND, UH, BUSINESS COMMUNITY REPRESENTATIVE FOR THIS PARTICULAR SEAT, SO SHE MEETS ALL THOSE REQUIREMENTS. UM SHE'S AN ACTIVE MEMBER OF THE COMMUNITY. SHE HAS CONNECTIONS TO MANY ARTISTS AND MUSICIANS, AND SHE'S PASSIONATE ABOUT ARTS AND CULTURE. AND SHE'S A FORMER BUSINESS OWNER WITH MORE THAN 20 YEARS EXPERIENCE. SO YOUR OPTIONS ARE TO APPROVE FOR THE TERM EXPIRING SEPTEMBER 30TH 2024 OR DENY WE RECOMMEND APPROVAL. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM. THREE SECOND MOTION BY THE MAYOR SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPOINT DEBORAH BRODERICK TO SEAT SIX OF THE ARTS AND CULTURAL BOARDS. THE DISCUSSION ON THAT MOTION COUNCILLOR PARSLEY THIS MAKES ME SO EXCITED, SO I PERSONALLY KNOW DEBORAH. I HAVE KNOWN HER FOR SEVERAL YEARS NOW, AND I CANNOT THINK OF A BETTER PERSON TO JOIN THE BOARD. THERE ARE SO MANY QUALITIES THAT SHE HAS SHE SERVES ALSO FOR THE COMPASSION GROUP IN PLUM CREEK, SO WHENEVER ANYONE NEEDS HELP, SHE'S THE FIRST PERSON THAT GETS REACHED OUT TO THAT. SHE'S THE FIRST PERSON WHO OFFERS HELP, UM TO ANY OF THE RESIDENTS. SHE HAS AN INCREDIBLE BACKGROUND, SO I AM VERY EXCITED. CANNOT WAIT TO SEE WHAT THE BOARD IS GONNA DO WITH YOUR ADDITION TO IT. ALL RIGHT.

ANYONE ELSE? GOOD LUCK. ALL THOSE IN FAVOR. SAY HI. HI I OPPOSED ALL RIGHT MOTION CARRY 7

[4. Consider approval of a minute order appointing Paul Hill for Seat 4 on the City of Kyle Ethics Commission.]

TO 0. OUR NEXT STEP AGENDA. ITEM NUMBER FOUR. CONSIDER APPROVAL. UH UH, APPOINTING PAUL HILL FOR SEAT FOR STEVE COLL. ETHICS COMMISSION. UH, MS HARRIS. IT'S MY PLEASURE TO, UH, PARDON ME.

TO ANNOUNCE THE APPOINTMENT. MY APPOINTMENT OF MR PAUL HILL TO THE ETHICS COMMISSION. PAUL IS A HEALTH POLICY ATTORNEY WITH THE TEXAS HEALTH AND HUMAN SERVICES DEPARTMENT. HE HAS SERVED AS A REGIONAL ATTORNEY FOR THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, AND ASSISTANT COUNTY ATTORNEYS IN TECH, TRAVIS AND HOUSTON COUNTIES. HE IS A RESIDENT OF KYLE AND HAS BEEN VERY ACTIVE IN OUR COMMUNITY. UM HOW HAS HAS DEMONSTRATED HIS KNOWLEDGE OF

[00:50:05]

ETHICS AND I HAVE WATCHED HIM DO THAT TIME AFTER TIME OVER THE LAST SEVERAL YEARS, AND HIS LEADERSHIP HAS BEEN IMPECCABLE, SO IT'S MY PLEASURE TO, UM MAKE THE APPOINTMENT OF MR PAUL HILL AND MR HILL IS HERE. WOULD YOU LIKE TO STEP UP AND, UH I LIKE TO SECOND THAT MAYOR SHE? I DON'T THINK IT WAS QUITE THE MOTION. YEAH, BUT WE GOT YOU. I'D LIKE TO MAKE A MOTION THAT WE ACCEPT THE APPOINTMENT OF PAUL HILL TO THE ESSEX COMMISSION. I LIKE TO SECOND THAT AND I'D LIKE TO FOLLOW UP WITH, YOU KNOW PAUL'S EXCEPTIONAL RESIDENT KYLE. HE'S DEFINITELY A HARD WORKER ENGAGED IN THE COMMUNITY DEFINITELY DOES A LOT AND HAS A TRUE CARRY FOR SERVING. AND I THINK, UH, HE GREAT. BE A GREAT ADDITION AND I WILL WELCOME HIM TO, UH, THE BOARD. ALL RIGHT? YEAH. MOTION BY COUNCILOR HARRIS, SECONDED BY MAYOR PRO TIM THAT WE APPOINT PAUL HILL HILL, UH, TO THE EIC SPORT IS THEIR DISCUSSION ON THAT MOTION. I JUST WANT TO SAY THAT THERE ARE A FEW PEOPLE I KNOW IN THIS TOWN WHO HAVE, UH, HIRED ETHICS AND PAUL AND, UM, UH, MORE DEDICATION TO SERVICE THAN PAUL AND UM THE ETHICS BOARD IS LUCKY TO HAVE THEM.

YEAH, I LIKE TO ALSO SAY GOOD TO SEE YOU, MR FAL HILL. UM YOU KNOW, AND I HAD A CONVERSATION WITH YOU FOR TWO HOURS. UH, OVER THAT COFFEE. UM AND MAN, YOU JUST HAVE SO MUCH LEGAL KNOWLEDGE, SO MUCH EXPERIENCE AND I LOVE SEEING HOW YOU WILL HELP IN THIS POSITION IN THE IN THE ETHICS. UM POSITION THAT YOU'RE GONNA HAVE THANK YOU. I THINK PAUL'S ALL RIGHT. UM DID YOU SUIT UP JUST TO COME HERE? OH, MY GOD. YES SIR. YEAH NOW, I . I SECOND WHAT HAS BEEN, SAID PAUL. IT'S AN HONOR TO HAVE YOU ON THE BOARD. LOOK FORWARD TO SEEING YOU, UM, HOPEFULLY NOT HAVE TO TAKE UP TOO MANY ITEMS, BUT, UH UH UH, YOUR SERVICE IS APPRECIATED ANY OTHER DISCUSSION ? ALL THOSE IN FAVOR SAY AYE AYE , I POST ALL MOTION CARRIES 7 TO 0. THANK YOU. THANK YOU. ALL

[5. Receive a report, hold a discussion, and provide staff direction regarding updating the City of Kyle Fee Schedule in Appendix A of the City of Kyle Code of Ordinances.]

RIGHT. NEXT UP IS ITEM NUMBER FIVE REPORTS AND PRESENTATIONS RECEIVE A REPORT HOLD DISCUSSION FRIDAY STAFF DIRECTION REGARDING UPDATING THE, UH CARL'S FEE SCHEDULE IN APPENDIX A OF THE CITY OF CODE OF ORDINANCES. GOOD EVENING, MAYOR AND COUNCIL. MY NAME IS, UH, MELISSA MCCOLLUM CHIEF DEVELOPMENT OFFICER AND I HAVE THE PRIVILEGE OF, UM, DISCUSSING WITH YOU, UH, FEES, UH, THAT ARE PART OF OUR FEE SCHEDULE REALLY TOOK A LOOK AT, UH, DEVELOPMENT RELATED FEES. I GOT MY, UH, COWORKERS INVOLVED, AND I EVEN GOT KYLE FIRE INVOLVED WITH KIND OF THESE DISCUSSIONS, SO I'M EXCITED TO PRESENT THIS ITEM. UH, BEFORE YOU TO LOOK AT, UM, HONESTLY, RAISING AND UPDATING, UH, SOME OF OUR FEES ASSOCIATED WITH OUR FEE SCHEDULE. AND THEN THIS WOULD BE BROUGHT BACK BEFORE YOU , UH, FOR A FUTURE, UH, BUDGET AMENDMENT. SO AGAIN, UM, WHEN I CAME ON BOARD RIGHT AFTER THE NEW YEAR REALLY KIND OF LOOKING AT, UH, THE PLANNING AND, UM, INSPECTIONS KIND OF THE DEVELOPMENT RELATED DEPARTMENTS, LOOKING AT, UM SOME OF OUR FEES AND HOW WE PROCESS APPLICATIONS. HOW CAN WE, UM, BETTER GET TO RECOVER SOME OF OUR COSTS NOT ONLY RELATED TO DEVELOPMENT FEES BUT CONTINUE TO PROVIDE, UH, CUSTOMER AND REALLY KIND OF SEEING HOW THOSE, UH, FEES WORK IN. YOU CAN SEE IN SEVERAL OF YOUR ATTACHMENTS. YOU SAW THAT WE REALLY TRIED TO BENCHMARK. OUR FEES AGAINST OUR, UH, 10 KIND OF BENCHMARK SURROUNDING CITIES AS YOU SAW, UM SOMETIMES FEES AREN'T ALWAYS APPLIED APPLES TO APPLES. THEY'RE A LITTLE BIT, UH, UNIQUE IN HOW THEY GET APPLIED. SO WE DID TRY TO PULL OUT. UM SOME, UH, DEVELOPMENT PROJECTS TO KIND OF SHOW MORE OF AN APPLES, APPLES COMPARISON THAT WILL SHOW IN THE NEXT COUPLE SLIDES AGAIN. ARE NOT JUST OUR DEVELOPMENT PROJECTS ARE NOT JUST LOOKED AT BY THE PLANNING DEPARTMENT AND BUILDING DEPARTMENT. THEY REALLY , UM, INCORPORATE OUR GIS ARM OF THE DEPARTMENT ENGINEERING LOOKS AT IT. PUBLIC WORKS TOUCHES EVERY DEVELOPMENT APPLICATION JUST ABOUT THAT COMES BEFORE EVEN OUR PARKS DEPARTMENT LOOKS AT, YOU KNOW, PARKLAND, UH, DEDICATION AND DIFFERENT PROJECTS THAT ARE COMING BEFORE AND IMPROVEMENTS THAT ARE PLANNED. AND OF COURSE, UH, NO PROJECT IS BUILT WITHOUT WATER AND SEWER AVAILABILITY. SO, UH, QUITE IMPORTANT TO THAT. AND WE HAVE GREAT PARTNERSHIPS WITH KYLE FIRE, TOO. THEY COME TO OUR PREVE MEETINGS AND OUR APPLICATION MEETINGS. UH, THEY'RE A LITTLE BIT MORE ON THE BUILDING SIDE. BUT HONESTLY, THEY LOOK AT OUR SITE DEVELOPMENT PLANS AND KIND OF SUBDIVISION ACCESS AND FIRE ACCESS, TOO, SO THEY REALLY ARE A PARTNER AT THE TABLE. AGAIN UH, THESE WERE THE, UH, LOOK AT THE 10 CITIES THAT WE LOOKED AT, UH, BENCHMARKING, YOU MIGHT HAVE NOTICED THAT AUSTIN FEES ARE A LITTLE BIT HIGHER THAN THE REGIONAL SURROUNDING AREAS. THEY TRULY ARE AN ENTERPRISE. UM, FUNDED, UM DEVELOPMENT REVIEW, MEANING THAT TRULY THE ENTIRE COST OF RECOVERY COMES AND SUPPORTS THE DEVELOPMENT REVIEW WHERE I WOULD SAY THE OTHER

[00:55:03]

CITIES INCLUDING US, UH, DEVELOPMENT? UH, OBVIOUSLY OR DEVELOPMENT REVENUES. DO YOU SUPPORT OUR STAFF, BUT IT'S NOT 100% COST RECOVERY. THE GENERAL FUND DOES SUPPORT A LOT OF OUR DEVELOPMENT REVIEW AS WELL. UM AGAIN, REALLY LOOKED AT INITIAL FOCUS FOR THE PLANNING AND BUILDING FEES, BUT WE DID WORK IN SOME PUBLIC WORKS FEES, TOO. I TRY TO ALSO KIND OF CLEAN UP.

UH, SOME OF THE USED CHART AS WELL OR FEE CHART. THERE WAS A LOT OF DUPLICATION OF FEES, SO TRY TO CUT DOWN. SOME OF THAT. USUALLY FEES ARE ADOPTED AS PART OF THE YEARLY AS PART OF THE BUDGET PROCESS. WE DECIDED TO PULL THIS OUT AND LOOK AT IT A LITTLE BIT EARLY. I THINK IT WAS HONESTLY A GOOD A GOOD IDEA BECAUSE WE WERE ABLE TO TRADE ON REALLY LOOKING AT SOME OF THOSE FEES MORE VERSUS BUNDLING IT UP WITH THE BUDGET PROCESS THAT SOMETIMES GETS LOST. I THINK, UH, WITH THAT, UM WE DO HAVE SOME FEES THAT ARE APPLICABLE TO INSIDE THE CITY AND OUTSIDE THE CITY. UM WITH DOING THIS ANALYSIS, I DID REALIZE THAT NOT ALL FEES ARE NECESSARILY APPLIED THAT WAY. UH, SO WITH THIS, WE WILL MAKE SURE THAT NOT ONLY OUR PERMITTING SYSTEMS ARE UPDATED AND ASSOCIATED WITH THAT, BUT, UH, THE I MEAN, WE HAVE SEVERAL PEOPLE THAT DIDN'T TAKE THE APPLICATIONS AND FEES AND REALLY KIND OF UNDERSTAND HOW THESE FEES WORK WITH EACH WITH EACH APPLICATION AND IN GENERAL, THE PLANNING FEES HAVE NOT BEEN UPDATED FOR MADE QUITE A FEW YEARS HERE AND KYLE. UM SINCE, UM, AT LEAST 2016. I THINK THERE WAS LIKE SOME SMALL TREATS, MAYBE FOR INFLATION. THAT MIGHT ANSWER WHY WE HAD SOME FEES THAT WERE, YOU KNOW, $53.51, BUT REALLY, THE FEES. UM I HAD I HAD NOT BEEN, UM, ANALYZED FOR QUITE A WHILE, UM IN GENERAL. IT LOOKS LIKE, UH, FOR FEES. WE WOULD TAKE A PROJECT IN THE VERY BEGINNING IN CHARGE A FEE FOR THAT, BUT IT WOULD, UM, SUBMIT SEVERAL REVISIONS IN THE MEANTIME, AND FEES WEREN'T ALWAYS APPLIED TO THE SECOND THROUGH MULTIPLE REVISIONS. UH, WITH UH EVEN WITHOUT CHANGES IN FEES, I WOULD RECOMMEND THAT WE WOULD CHARGE NEW FEES FOR NEW APPLICATIONS THAT COME IN THAT WERE REVISING AND LOOKING AT A NEW APPLICATION AGAIN. EACH NEW APPLICATION THAT COMES IN HAVE THE SAME, UH, DEPARTMENTS THAT ARE REVIEWING AND LOOKING AT THOSE APPLICATIONS. UM THE CURRENT FEES HAVE REDUCED KIND OF THE FRACTIONS AND ROUNDED OUT SOME OF THOSE FEES AND ALSO RAISED THEM IN QUITE A FEW AREAS TO LOOK AT SUPPORTING THE COST OF SERVICE. AND I DO THINK THE NEW PROPOSED FEES ARE IN LINE. KIND OF WITH OUR BENCHMARKS. I TRY TO SHOW THAT ON THE SLIDES TOO, THAT ARE COMING UP, AND, UM, ALSO, KYLE FIRE DID SHARE WITH US. UM WE CURRENTLY INTERACT WITH THEM ON A FAST FOOD PASS THROUGH FEE BASIS, MEANING THE APPLICATION COMES THROUGH US. UM, THEY GET CHARGED THAT FEE AND THAT WE WORK WITH KYLE FIRED TO PAY IT OFF. SO THIS IS KIND OF AN EXAMPLE. PROJECT UM, THAT WE PICKED. IT'S THE DRY RIVER RUN PROJECT. UM I REALLY WANTED TO KIND OF FOCUS ON WHAT'S HIGHLIGHTED IN BLUE UP THERE ON THE SLIDE. UM, THERE WAS 19 INDIVIDUAL KIND OF PAD SITES OR OR BUILDINGS OUT ON THAT PLAN. UH, WE HAD, UH, HONESTLY, TWO APPLICATIONS THAT WERE KIND OF SUBMITTED SEPARATELY. CHICK FIL A. AND THEN THE REST WERE, UM DONE. OVERALL WITH ONE SITE PLAN AND THEN 10 REVISIONS, MEANING LOTS OF CHANGES KIND OF TO THE ORIGINAL SITE PLAN. I THINK TOTAL WE TOOK IN $9000 A PIECE FOR THOSE MULTIPLE REVISIONS AND PLANS DONE FOR THAT, I WOULD SAY UNDER OUR NEW, UH, FEE SCHEDULE THAT WOULD BE, UH, PROPOSED, WE WOULD LOOK AT, UH, COST RECOVERY A LITTLE BIT MORE OF 100 AND 55,000 ON THAT PROJECT. IF THIS PROJECT WOULD, UM, START NOW UNDER THE NEW DEVELOPMENT FEES UM NEXT KIND OF SLIDES REALLY KIND OF SHOW WHAT A SITE DEVELOPMENT WOULD BE A DRIVE THROUGH RESTAURANT, UM, WITH 54,000 SQUARE FOOT OF IMPERVIOUS COVER, UH WHAT IT WOULD BE IN KYLE EXISTING AS THE FAR LEFT, UM, SLIDE OUT THERE. YOU CAN SEE WHAT THAT SITE PLAN WOULD HAVE PAID WHAT WERE PROPOSING THOSE FEES TO BE WHICH IS THE ORANGE SO BLUE ON THE LEFT IS EXISTING ORANGE IS PROPOSED. AND THEN THE NEXT, UH, CITIES TO THE RIGHT ARE KIND OF SOME OF OUR BENCHMARK CITIES THAT WE'VE HAD. AND I WENT AHEAD AND PULLED KIND OF AN AVERAGE COST OVERALL THAT YOU CAN SEE ON THE LEFT HAND SIDE THERE, TOO. SO AUSTIN IS THE LARGE GREEN ONE FOR THE SAME SITE PLAN AND AGAIN, AS I MENTIONED THEY ARE TRULY MORE OF AN ENTERPRISE COST RECOVERY FUND FOR THEIR APPLICATIONS. UM BUT A AND THEN CEDAR PARK AND GEORGE, CAN YOU EXPLAIN TO THE COUNCIL WHAT AN ENTERPRISE FUND IS SO AN ENTERPRISE FUND IS REALLY WHEN YOU'RE, UH, LOOKING AT, UM, COVERING YOUR ENTIRE COSTS OF DOING BUSINESS. WATER WASTE WATER DEPARTMENTS ARE ARE LOOKED AT, UM, BEING AN ENTERPRISE FUNDS BECAUSE THEY HAVE, UH WATER AND SEWER RATES, UH, TO TRULY COVER THE COST OF, OF ALL THE INFRASTRUCTURE AND EVERYTHING RELATED TO THAT TO THAT PROJECT. UM, THE NEXT SLIDE HERE IS LOOKING FOR AN APARTMENT OR A MULTIFAMILY, UH, SITE

[01:00:05]

DEVELOPMENT AND AGAIN. THIS IS KIND OF A PLANNING ENGINEERING SITE DEVELOPMENT. WE PULLED A SEVEN ACRE SITE OUT WITH, UM, YOU KNOW, 243 SQUARE FEET OF IMPERVIOUS COVER WITH ABOUT 260 UNITS. LIKE WHAT WOULD THAT COST ? UM ACROSS THE BOARD TO GET, UM DEVELOPED OR LOOKED AT. UM, THIS IS A KIND OF A FUN GRAPH. IT'S A SPLIT GRAPH OF, UM WE DO A PRELIMINARY PLATS, WHICH ARE INITIAL ROUND OF SUBDIVISION REVIEW WHERE YOU LOOK AT THE ENTIRE, UH, PRELIMINARY PLAT.

THOSE ARE, UH, DONE BY THE RED COLOR AND THEN OR EXCUSE ME BLUE COLOR AND THEN FINAL PLAT IS KIND OF THE RIGHT BEFORE YOU RECORDED AFTER THE INFRASTRUCTURE IS BUILT. UM, BOTH OF THESE GET REVIEWED BY THE PLANNING AND ZONING COMMISSION. AND THIS WAS A NORMAL SINGLE FAMILY SUBDIVISION AT 70. LOTS AT 17 ACRES. WHAT? THAT COSTS FOR BOTH BOTH THOSE PLANTING PROCESS. AND KIND OF SEE THE BREAKDOWN OF THOSE AGAIN, KYLE EXISTING WAY ON THE LEFT. AND THEN WHAT OUR PROPOSED FEES WOULD BE. AND WHAT SOME OF OUR SURROUNDING CITIES, UM DO AS WELL. THIS WAS KIND OF JUST A SNAPSHOT I TOOK OF A SIX MONTH UH, SNAPSHOT SO PRETENDING WE TOOK ALL THE EXACT SAME APPLICATIONS AND WITH THE NEW FEES OF WHAT THAT COULD BE, SO, UM THIS ALSO INCLUDES, UH, PARKLAND FEES AS WELL. SO I DO WANNA HIGHLIGHT THAT THAT IS A PROPOSED FEE THAT I AM, UH, LOOKING AT IN THE IN THE PARK SCHEDULE, OUR FEES, UH, FOR THAT ARE QUITE LOW. AS YOU KNOW, THE LAND COST AND PRICES ARE ARE HAVE INCREASED QUITE A BIT, AS WELL AS A PLAYGROUND AND AMENITY EQUIPMENT. UH, SO I AM, UM, PROPOSING TO RAISE A PARK FEES AS WELL FOR, UM, RESIDENTIAL DEVELOPMENT. BUT THIS IS A SNAPSHOT. IE WE TOOK THESE FEES IN. WE GOT 900,000 FOR IF WE TOOK THIS EXACT SAME, UH, SIX MONTHS WORTH OF APPLICATIONS AGAIN. WE LOOK AT LIKE 1.6 MILLION FOR IT. UM, SWITCHING OVER TO THE CUSTOMER PERSON. I HAVE A QUICK QUESTION, AND I DON'T KNOW IF THIS MAY BE RELATED. I FEEL LIKE FEW MONTHS AGO, WE DISCUSSED THE POSSIBILITY OF ESTABLISHING A PARKLAND DEDICATION FEE FOR COMMERCIAL USE. DID WE EVER LOOK INTO ANYTHING LIKE THAT. FOR COMMERCIAL. YES YEAH, WE'VE LOOKED INTO IT. I THINK IT'S PROBLEMATIC. UH, TO PUT A FEE LIKE THAT IN I DON'T HAVE THE THAT INFORMATION AT MY FINGERTIPS. BUT WE DID. LOOK AT THAT. IT FELT LIKE IT HAD SOME CHALLENGES WITH BECAUSE YOU DON'T NECESSARILY HAVE A NEED TO PUT IN. PARK LAND FOR COMMERCIAL DEVELOPMENT. SO THERE'S NOT A NEED FOR THE RESIDENTS, UH, LIKE YOU HAVE WITH RESIDENTIAL DEVELOPMENT. I THINK THERE'S AUSTIN HAD DONE SOME TYPE OF FEE LIKE THAT. BUT I, I NEED TO GO BACK AND LOOK AT IT. I THINK WE FELT LIKE THERE WERE SOME ISSUES WITH DOING IT HERE. OK? THANK YOU. DO YOU HAVE ANY IDEA MELISSA? WHY NEW BROWNELLS IS THREE X FOUR X, EVERYONE ELSE SO , UH, IT IS INTERESTING. I THINK NUMBER FALLS FROM MY UNDERSTANDING. THIS WAS ME MEETING WITH THE PLANNING DIRECTOR THERE A COUPLE COUPLE OF YEARS AGO. THEY DON'T DO SITE DEVELOPMENTS AS MUCH THEY DO KIND OF ALL THE SITE AND BUILDING TOGETHER, SO THEY CATCH IT ON THE BUILDING SIDE. SO THAT'S AN ANOTHER THING, TOO. IF YOU LOOK AT A LIFE CYCLE OF A I COULD TALK ABOUT THIS SORRY FOR HOURS ON MY SOAPBOX, BUT IF YOU LOOK AT THE LIFE CYCLE OF A PROJECT, YOU KNOW IT REALLY STARTS WITH SUBDIVISION OR PLANNING. AND THEN YOU GO TO SITE DEVELOPMENT. AND THEN YOU DO BUILDING PERMIT. UH, SOME CITIES KIND OF WORK THEIR FEES TO REALLY KIND OF GET IT ON. OR GET, YOU KNOW A LITTLE BIT BETTER RECOVERY ON THE BUILDING PERMIT SIDE WHEN THEY KNOW THE PROJECTS REALLY GONNA BE CONSTRUCTED VERSUS HAVING KIND OF LIGHTER FEES. YOU KNOW, AT THE BEGINNING WHEN YOU LOOK AT A WHOLE LIFE CYCLE OF A PROJECT, IT'S INTERESTING TO SEE KIND OF THE WHOLE, UH, RANGE OF WHAT, BUT MY UNDERSTANDING IS THE BRAMEL DOESN'T DO SITE DEVELOPMENTS AS MUCH THEY DO A LOT IN THE BUILDING PERMIT SIDE.

THIS WOULD BE JUST THE BUILDING SIDE OF THAT SAME DRIVE THROUGH RESTAURANT. SO YOU'RE LOOKING AT A 5000 SQUARE FOOT DRIVE THROUGH RESTAURANT BUILDING AND WHAT YOU WOULD INTAKE A BUILDING PERMIT WISE SIDE FOR THIS PROJECT. AND THEN THIS WOULD BE FOR A MULTIFAMILY BUILDING. SO AGAIN, THIS WOULD BE A 320,000 SQUARE FOOT MULTIFAMILY BUILDING. YOU'RE LOOKING AT 262 UNITS AND OUR EXISTING AND PROPOSED VERSUS UM, SOME OF THE OTHER SURROUNDING CITIES ON ON THIS, TOO. SO I WOULD SAY IF YOU HAD TO, UM, IT'S KIND OF FUNNY. LIKE CEDAR PARK, FOR EXAMPLE, I DID HAVE, UH, SOME TENURE THERE BEFORE. WHEN YOU LOOK AT SINGLE FAMILY HOMES. THEY'RE JUST NOT BUILDING SINGLE FAMILY HOMES ANYMORE. SO WHEN YOU LOOK AT WHAT THEIR BUILDING FEES FOR THAT THEY WERE PROBABLY PRETTY LOW, BUT WHAT THEY ARE BUILDING ARE AS MULTIFAMILY HOMES SO THEY'VE KIND OF CHOSEN TO CONCENTRATE, MAYBE SOME OF THEIR COST RECOVERY FEES ON ON WHERE THOSE INSPECTIONS ARE ARE GOING TO. SO EVERY EVERY CITY HAS A LITTLE BIT DIFFERENT. A LIFE

[01:05:01]

CYCLE, TOO, OF KIND OF WHAT THEY'RE CONSTRUCTING AND DOING AS WELL. AND THEN, UH, THIS LAST ONE IS TRULY A SINGLE FAMILY RESIDENTIAL HOUSE. SO WHEN YOU LOOK AT, UM WE PULLED OUT AN AVERAGE, YOU KNOW, 2700 SQUARE FOOT, UM, HOME AND KYLE. UH WHAT OUR EXISTING AND PROPOSED FEES ARE AND THEN AGAIN ACROSS ACROSS THE BOARD. SO AGAIN. I DON'T EVEN THINK AUSTIN IS INCLUDED ON THIS ONE BECAUSE THEY'RE NOT BUILDING A LOT OF SINGLE FAMILY HOMES, EITHER. WHEN YOU LOOK AT WHAT SOME OF THE TRUE UH, STANDARDS ARE D FOR THAT I BET YOU IT WOULD BE MUCH HIGHER THAN EVERYONE ELSE'S. IF THEY DO IT, I YEAH, I WAS AT AN ORIENT. I WAS AT A POLICY EVENT, UM MANY YEARS BACK, AND THEY SHOWED ALL THE PERMIT FEES THAT THE CITY OF AUSTIN ALL THE SIGNATURES REQUIRED, AND IT WENT THE IT WAS LIKE A SHEET. IT WENT OUT OVER FOUR PEOPLE AND ALL THE SIGNATURES. WE HAD TO HOLD IT ALL THE WAY. THAT'S IT IT I MEAN HUNDREDS OF SIGNATURES AND SIGN OFFS, SO THERE'S A BALANCE THERE. SO ALL I'M SAYING SO REALLY THE PROPOSED FEES THAT I HAVE, UM BEFORE YOU THIS EVENING ARE TO BE THEY ARE RAISED. THEY ARE LOOKED TO BE MORE IN LINE WITH SOME OF OUR, UH SURROUNDING CITIES. GET US GET US CLOSER TO MAKE SURE. UH, WE COULD DO A LITTLE BIT MORE, UH, COST RECOVERY ON THAT AND TO MAKE SURE THAT WE'RE HANDLING, YOU KNOW WHEN NEEDED OR THIRD PARTY REVIEWS AND INSPECTIONS. UM PARKLAND FEES ARE A PROPOSED TO BE RAISED IN, UH, THE BUDGET AS WELL. I WOULD SAY AT OUR, UM I AM NOT PROPOSING, LIKE CHANGING OUR RATIO OF PARK LAND. PER UNIT . THAT IS SOMETHING THAT I WILL LOOK AT, UM WITH, UH, THE CODE AMENDMENTS THAT WE'RE DOING, BUT THIS IS TRULY JUST LOOKING AT BOTH THE PARKLAND DEDICATION AND THE PARKLAND IMPROVEMENT FEES, UH, PER UNIT. UM IF PEOPLE CHOOSE TO PAY THE FEE IN LOU, UH, FOR THAT, AND I DO THINK IT ALIGNS IT. IT DOESN'T QUITE QUITE COVER THE COST OF JUST THE SHEER AMOUNT OF HOW HOW EXPENSIVE LAND IS NOW, BUT IT DOES GET A LITTLE BIT MORE, UH, CLOSER TO, UH, THAT THAT, UM GAP. UM AND THEN, UH, THESE FEES AREN'T UM, WITHOUT LOOKING AT SOME OF OUR PUBLIC WORKS ON ENGINEERING FEES, TOO. UH, WE REVIEW A LOT OF, UM STAND ALONE AGREEMENTS WHETHER THEY'RE LICENSE AGREEMENTS LICENSE TO ENCROACH, ADDITIONAL, UM, HAULING AGREEMENTS. WE DIDN'T REALLY HAVE A FEE ASSOCIATED WITH THOSE BEFORE, SO THAT WAS A NEW FEE THAT I'VE ADDED INTO THIS USE CHART AS WELL. SO YOU CAN SEE, UH, BETWEEN ALL THE UNDERLINES AND EVERYTHING ELSE. JUST THE SHEER KIND OF CLEAN UP I'VE TRIED TO DO, UH, WITH THIS, UH, EXHIBIT A AS WELL AS INTRODUCE SOME FEES IN AREAS THAT WE HAD GAPPED AND AGAIN, UH, KYLE FIRE DID WORK WITH US, AND WE'VE INCLUDED THOSE FEES. TO THE SCHEDULE. SO YOU REALLY HAVE TWO OPTIONS. YOU CAN, UH, PROVIDE ME ANY COMMENTS AND THEN GET BACK ON, UM, RAISING THE FEES, UH, TO SUPPORT OUR GENERAL PHONE, OR WE CAN, YOU KNOW, KICK THE CAN A LITTLE BIT. WAIT TO LOOK AT THIS WITH OUR, UM OUR BUDGET AT OUR BUDGET TIME LIKE WE NORMALLY DO. UM, YOU COULD ALSO, UM LOOK AT, UH, WHICH MAY BE SOMETHING WE MIGHT WANT TO DO IN THE FUTURE, TOO, IS TO TRULY LOOK AT DOING AAA FEE ANALYSIS TO SUPPORT YOU KNOW ADDITIONAL FEES OR CHANGES IN FEES MORE.

AND THEN IF YOU, UM AGAIN PLAN A. I KIND OF DID THAT SIX MONTHS SNAPSHOT AND, UH, TIMES SHOWED THAT OR, UH YOU CAN CHOOSE TO WAIT AND AGAIN, THOSE WOULD BE, UM, A FUTURE BUDGET AMENDMENT ITEM THAT I WOULD BRING BACK, UM TO YOU AND THE PROS OF REALLY LOOKING AT UPDATING YOUR FEES, IS IT? IT DOES LESSEN SOME OF THE SUPPORT ON THE GENERAL FUND SO YOU COULD HAVE SOME MORE MONEY TO UTILIZE AND OTHER NEEDED AREAS OF OUR FAST GROWING CITY. UM IT BRINGS US MORE IN LINE WITH, UM, SOME OF OUR STAFF COMMITTEE AND THEN HAS GREATER COST. HOWEVER THE CONS ARE NOT AS, UH, MAYBE DEVELOPMENT FRIENDLY WITH FEES THAT WE HAVE BEEN, AND IT IS INCREASING THE COST OF DEVELOPMENT. AND I DO THINK MOST HOMEBUILDERS OR BUILDERS WOULD SAY WOULD BE A COST THAT THEY WOULD, UM, CARRY DOWN OR PASS DOWN TO, UM, THE FUTURE HOME BUILDERS OR FUTURE TENANTS. SO WITH THAT, THAT REALLY CONCLUDES MY, UH, PRESENTATION. UH STEP DOES RECOMMEND, YOU KNOW, UM, WORKING , UH, US WORKING ON UPDATING THE FEES AND BRINGING THAT BACK BEFORE YOU FOR A BUDGET AMENDMENT. SO WHEN YOU SAY WORK IN THE FEES DO YOU HAVE A TARGET? YOU'RE TRYING TO HIT WITH THESE OR SO I WOULD SAY WHAT'S ATTACHED IN YOUR PACKET, LIKE THOSE CHANGES, UH, DOES REPRESENT KIND OF, UH, WHAT? THESE WOULD WHAT I WOULD BE GOING FOR THIS. AND HAVE YOU HAD ANY CONVERSATIONS WITH HOMEBUILDERS ASSOCIATION OR ANY OF THE DEVELOPMENT COMMUNITY, UH, ABOUT IT. I THINK IT'S APPROPRIATE. I'M JUST CURIOUS IF YOU'VE TALKED TO THEM YET. I AM NOT. WE HAVE NOT, UM, I. I DON'T EXPECT ANY OF THEM WILL BE

[01:10:01]

EXCITED ABOUT PAYING HIGHER FEES. BUT UM, I THINK THE FEES AS AS WE'VE SHOWN YOU, THEY'RE IN LINE WITH THE OTHER CITIES. THE PURE CITIES THAT WE HAVE IN THIS AREA, SO I DON'T THINK WE'RE OUT OF LINE IN ANY OF THOSE, I THINK, FRANKLY, IF WE WENT AND DID A COST OF SERVICE ANALYSIS, THERE'S PROBABLY THE FEES COULD BE RAISED EVEN HIGHER . SO I THINK THIS IS A GOOD BALANCE FOR US TO HAVE TO STILL BE DEVELOPMENT FRIENDLY. WE STILL ENCOURAGING GOOD QUALITY DEVELOPMENT, BUT MAKING SURE WE GET A GOOD RECOVERY OF OUR COST. THAT WE HAVE, AND, UH, IT'S ABOUT $1.75 MILLION PER YEAR TO IMPLEMENT THESE FEE CHANGES THAT WE HAVE FOR ADDITIONAL REVENUE, SO IT'S SIGNIFICANT IN OUR MINDS. I LIKE TO MAKE A COMMENT. COUNCILOR ZUNO SO, YEAH, I'D LIKE TO THANK YOU, BRIAN FOR BRINGING THIS ONE SO THAT WE COULD REVIEW IT. BUT, UM I'M ACTUALLY VERY SURPRISED THAT THEY HAVEN'T BEEN RAISED IN 2016 . I KNOW THESE ARE NOT IMPACT FEES, BUT THEY ARE COST. WHERE WE HAVE A LOT OF TIME. IN REVIEWING THE PLANS, AND THOSE ARE JUST A FEW EXAMPLES THAT YOU SHOWED US. I'M SURE THAT THERE WAS MANY MORE UM AND WE WERE FAR BELOW UH, A LOT OF THE OTHER CITIES AS AS WE'VE BEEN GROWING REALLY FAST. THE LAST 56 YEARS.

SO, UM THE HOME BUILDERS ARE NOT HERE TO TELL US TO RAISE THEM WHEN WE'VE BEEN TOO LOW, SO I WOULDN'T EXPECT THEM TO COME HERE AND TELL US THAT THEY'RE TOO HIGH. IT CUTS BOTH WAYS. AND SO I LIKE. I REALLY LIKE SEEING THIS, UM BEFORE THE BUDGET. THAT THE FEES ARE INCREASED. FOR DEVELOPMENT. THIS IS JUST FOR THE WATER AND WASTE WATER. NO, THIS IS THIS IS FOR SITE PLANS AND BUILDING PERMITS. IT'S NOT THE IMPACT FEES. IT'S IT IS NOT SERVICES FEES. ESSENTIALLY IT'S PRETTY MUCH ANY FEE BESIDES IMPACT FEES THAT YOU WOULD BE RELATED TO DEVELOPMENT. AND IF YOU THINK, OH, WE'RE JUST GOING TO BE CHARGING THIS TO SOME PUBLICLY TRADED COMPANY. THAT'S ONE THING. BUT WHEN YOU GOT SMALL BUSINESSES THAT ARE WANTING, YOU KNOW, OR PEOPLE WANTING TO BUILD ON THEIR LOT, OR WHATEVER, AND THEY, YOU KNOW THE FEES THAT'S A DIRECT COST.

SO OH, I FORGOT TO MENTION THERE WAS, UM WE DID, AND WE DO IT AS PART OF THIS FEE SCHEDULE HAVE A $0 FEE FOR MODIFICATIONS NEEDED FOR RAMPS OR ANY KIND OF ACCESSIBILITY ISSUES, SO THAT'S NOW INCLUDED IN THE FEE CHART AS WELL. SO IF YOU'RE NEEDING TO DO MODIFICATIONS TO YOUR HOME, UH, TO HANDLE, UH, CONSTRUCTION OF A WHEELCHAIR RAMP, OR, UH, CHANGING OUT YOUR YOUR BATHROOM TO HANDLE SOME OF THAT, UM, THERE'S NOW UM, THE REMOVAL OF THAT COSTS ASSOCIATED WITH WITH ACCESSIBILITY. WHY DID YOU CHOOSE TO DO THAT? WELL, THE COUNCIL ASKED US TO. YOU BROUGHT FORWARD AN ITEM. UM NOT WHAT YOU SAID. YOU KNOW WHAT? I WHAT? I IT'S FINE, BUT WHAT IT WAS SIX RAMPS. FOR THE TEXAS RANT PROJECT BECAUSE THEY WERE VOLUNTEERING NOT TO SAY THAT WE'RE GOING TO DO AWAY IF YOU WANT TO PUT IN AN AD A RAMP AND HAVE THE MEANS IN WHICH YOU HAVE TO HAVE YOU HAVE TO NOT HAVE YOU HAVE TO DEMONSTRATE FINANCIAL NEED. UM AND YOU HAVE TO. I FORGET WHAT IT WAS, BUT IT WAS. IT WAS FOR SIX. IT WAS NOT A POLICY CHANGE TO NO LONGER CHARGE FEES FOR RAMPS. IT WAS YOU DON'T REMEMBER THIS. IS THAT NOT THE WAY IT WENT. YEAH, YEAH.

SO I JUST WANNA CLARIFY THAT. THAT IS NOT MY INTENTION. THAT WAS OUR UNDERSTANDING IS THAT THE COUNCIL WANTED TO WAIVE THAT WE WERE JUST WAVING ALL RAMP AND AD A FEES. AT LEAST FOR LIKE. WE WERE MAKING AN EXCEPTION FOR ONE AND TWO FAMILY RESIDENTIAL. I WILL SAY, TOO. IT WAS AN EXCEPTION FOR THE TEXAS RAMPS PROJECT SO THAT THEY WOULDN'T HAVE TO PAY FEES BECAUSE THEY WERE INSTALLING THEM FOR FREE AND THE WAY THEY ARE PAID. ALL THE MONEY FOR THAT NONPROFIT HAS TO GO INTO THE CONSTRUCTION. SO THEY DON'T HAVE THAT EVEN THOUGH THEY HAD THE, UH, THE MEANS TO CONSTRUCT IT. THEY DID NOT HAVE THE MEANS TO PAY FOR THE FEES. SO IT WAS SIX RAMPS IN THE CITY THAT THAT ACTION WAS TAKEN IF YOU GO BACK AND WATCH IT WILL BE CONSISTENT WITH WHAT I'M SAYING.

YEAH WE GO TO LOOK AT IT AND JUST CLARIFY THAT. UM BUT I, I THINK THERE'S TYPICALLY NOT MANY OF THESE THAT COME THROUGH. IT'S JUST VERY FEW THAT COME THROUGH, SO IT'S UH IT'S NOT GONNA AFFECT THE COMMERCIAL SIDE. RIGHT COMMERCIAL. THIS IS ONLY FOR A SINGLE FAMILY, ONE AND ONE AND TWO FAMILY RESIDENTIAL AND WHO WOULD BURROW THAT COST? WOULD IT BE ON THE BUILDER WHEN THEY FIRST BUILD IT? OR ARE WE TALKING ABOUT AFTER THE HOME IS BUILT AND IT'S A RESIDENT CAUSE I'LL BE GOOD WITH WAIVING THE FEES FOR A RESIDENT. I'M JUST NOT REALLY GOOD ABOUT WHAT THE FEES FOR A BUILDER I, I WILL SAY. CONSISTENCY ACROSS APPLYING THINGS. THAT'S WHAT CONCERNS ME A LITTLE BIT ABOUT. FOCUSING ON ON 11 USER THAT IS DOING A GREAT SERVICE. THERE COULD BE ANOTHER USER THAT DOES A GREAT SERVICE, WHETHER IT BE HABITAT FOR HUMANITY, OR OR SOME OTHER NONPROFIT, OR, UM, THAT COULD ALSO HELP PROVIDE SOME OF THAT SERVICE THAT IF WE WERE SUPER SPECIFIC, YOU KNOW, MIGHT MIGHT BLOCK THEIR, UH, ABILITY TO HELP . UM, SOME OF OUR, UH, RESIDENTS IN NEED, UM, IT WAS REALLY GEARED TOWARDS, UM SINGLE FAMILY ONE AND TWO FAMILY, SINGLE

[01:15:02]

FAMILY RESIDENTIAL. TO PUT RAMPS IN AND YOU'RE RIGHT, UH, COUNCILMAN RIZZO. IT'S IT'D PROBABLY BE AFTER THE FACT IT WOULD BE ADDITIONS THAT THEY WOULD NEED TO CHANGE YOU KNOW TO, UM EXISTING HOMES PROBABLY TO HANDLE AS PEOPLE AGE IN PLACE . UH, FOR, UM AD A ACCESSIBILITY WELL, THE MOTION WAS TO EXEMPT THE TEXAS RAMP PROJECT FROM PAYING FEES THAT THEY STILL HAD TO APPLY FOR PERMITS. BUT THAT WAS THAT WAS THE MOTION NOT TO JUST DO AWAY WITH, UM, FEES FOR AD A AND THE LIKE, SO IF Y'ALL WANNA SWITCH THAT UP I JUST I HAVE TO CALL. I HAVE TO SAY THAT BECAUSE THAT WAS NOT THE THAT WAS NOT THE ACTION WE TOOK BECAUSE IT'S BEAUTIFUL.

COUNCILOR. TOBIAS UM BECAUSE IN THAT HINDSIGHT YOU HAVE TO ALSO BE CAREFUL FROM THE LEGAL STANDPOINT BECAUSE THEY WERE SAYING WE'RE GOING TO WAIVE FEES FOR RESIDENTIAL THE COMMERCIAL.

DEVELOPERS CAN COME BACK AND SAY YOU'RE DISCRIMINATING AGAINST US CORRECT? THEY COME BACK. AND SAY THAT, YOU KNOW EVEN THOUGH I WILL SAY ANYONE CAN COMPLAIN AT ANY TIME AT ANY TIME, BUT AS FAR AS LOOKING AT THE FEES ITSELF, YOU KNOW YOU'RE CHOOSING THE RESIDENTIAL VERSUS COMMERCIAL.

AND SO I WONDER IF SOMEBODY COULD CHALLENGE THAT. THAT WAS WHAT I'M SAYING. AS MELISSA SAID, ANYONE CAN CHALLENGE ANYTHING AT ANY TIME. SURE OBVIOUSLY, BUT THERE ARE DIFFERENT. THAT'S WHY WE GOTTA PUT PROTOCOLS IN PLACE. THERE ARE DIFFERENT APPROVALS THAT ARE INVOLVED IN IN REVIEWING COMMERCIAL RAMPS THAT NEED TO ACCOMMODATE MORE PEOPLE AT A GIVEN TIME. AND MORE. TYPES OF WHEELCHAIRS AND THAT SORT OF THING THAN IN A RESIDENTIAL RAMP . AND SO THERE IS A LOGICAL BASIS FOR WHICH TO CHARGE A DIFFERENT FEE FOR COMMERCIAL AND RESIDENTIAL, IN MY OPINION, AND RE AND COMMERCIAL IS MANDATED, SO YOU KNOW IT'S SOMETHING THAT YOU HAVE TO DO WHEN YOU'RE BUILDING A BUILDING OR PUTTING THEM IN KIND OF LARGE STRUCTURE.

YOU HAVE TO FOLLOW ALL THE GUIDELINES, SO IT'S IT IS TOTALLY DIFFERENT WITH RESIDENTIAL. YOU DON'T HAVE TO PUT IN A RAMP OR NOT PUT A RAMP. IT'S UP TO THE END USER, BUT THAT'S WHAT I'M KINDA LEANING AT TOWARDS THE END USER. UH, I'D I'D BE OK WITH YOU KNOW, UM, MAYBE WAIVING FEES FOR THOSE THAT ARE LOOKING TO PUT UP A RAMP AFTER AFTER THE FACT ONCE THEY MOVED INTO A HOME, I JUST DON'T WANNA WAIVE. UH, FEES FOR BUILDERS IS WHAT I DON'T WANNA DO. I AGREE WITH THAT. THAT'S MY POINT. I. I THINK WE NEED TO JUST LEAVE THE FEES IN THERE. WE DO ALL KINDS OF DIFFERENT MAKE DECISIONS WITH REGARDS TO NONPROFITS AND HELPING MAKING MAKE THEIR PATH THROUGH THE CITY . WE GIVE CASH TO SOME NONPROFITS AND NOT TO OTHERS. UH THE TEXAS RANT PROJECT WAS JUST THEY. THEY LITERALLY REQUESTED THAT THEY NOT PAY THEIR FEES BECAUSE THEY WANTED TO GO VOLUNTEER. THERE ARE 501 C THREE, BUT IT'S JUST A COMPLETELY DIFFERENT DISCUSSION TO SAY WE'RE JUST GOING TO NOT CHARGE FEES FOR PERMITS. AD A BECAUSE, LIKE YOU SAY THERE'S 456 DIFFERENT EXAMPLES OF WAYS THAT THAT COULD APPLY IN THE MAJORITY OF THEM. WE SHOULD BE CHARGING THE FEE BECAUSE THERE'S ADMINISTRATIVE COST TO THAT. AND THERE ARE BUILDERS WHO DO IT AND OTHERS RESIDENTS, TOO, BUT WE CAN CERTAINLY LEAVE IT IN THAT.

THAT'S THE THAT WE, UH, PERHAPS MISUNDERSTOOD THE DIRECTION FROM COUNCIL BEFORE. I DON'T THINK IT'S A SUBSTANTIAL CHANGE TO ANY OF THE NUMBERS THAT WE REALLY SHOW. IT'S A HANDFUL OF THAT PER YEAR. SO IT'S REALLY THE WORLD THE COUNCIL ON THIS WHAT YOU HAVE, BUT TO SAY LIKE, IF HABITAT FOR HUMANITY WANTED TO COME AND DO A RAMP. IT'S LIKE, WELL, WE CAN. IF THEY MAKE A CASE WE CAN CONSIDER THAT THERE'S THE FOOD BANK THAT WE GIVE MONEY TO OR THE HAYES CALDWELL WOMEN'S SHELTER, AND THERE'S OTHER SERVICES THAT WE DON'T GIVE MONEY TO. SO IT'S UP TO COUNCIL. DISCRETION I. I THINK THAT'S THAT'S PRECISELY WHY WE WOULD RECOMMEND JUST WAIVING A FEE. IT'S A VERY SMALL FEE. THERE'S JUST A FEW OF THESE THAT COME UP. THEY'RE ALL PROBABLY DIFFICULT CIRCUMSTANCES TO SOME EXTENT, AND THE FEE IS NOT SUBSTANTIAL. SO WE WOULD RECOMMEND MAR STANDPOINT OF JUST NOT HAVING THAT FEE. SO BRING THAT UP. COULD WE JUST MAKE IT FOR NONPROFITS ACROSS THE BOARD? UH, FOR A RAMP? IF THEY'RE INSTALLING A RAMP FOR SOMEONE FOR FREE THAT WE COULD MAKE IT, UM, YOU KNOW, UH, NO FEE ATTACHED. I'M NOT SURE YOU KNOW THE LEGAL SIDE OF THAT. BUT IT MIGHT BE BETTER JUST TO HAVE YOU EITHER HAVE A FEE OR YOU DON'T.

WELL THIS IS JUST FOR DISCUSSION. SO BEFORE WE GO ANY FURTHER, WHY DON'T Y'ALL LOOK INTO IT? MAYBE GO BACK AND REVIEW THE DISCUSSION AND WE CAN YOU CAN ANALYZE IT AND WE CAN SOLVE IT LATER. IF THAT'S OK. I MEAN, YEAH, WE'LL BE GLAD TO HEAR THAT, AND THAT'S THAT WILL GIVE US SOME. WE'LL HAVE A CHANCE TO LOOK AT THE DETAILS AND THEN BRING YOU AN ORDINANCE BACK ON THE SECOND, PROVIDED YOU'RE COMFORTABLE WITH THE APPROACH ON EVERYTHING ELSE. ALL RIGHT. UM ANY FURTHER DISCUSSION YOU WANT US TO ACTUALLY VOTE TO GIVE YOU THE OPTION? A OR WHATEVER. I'M PRETTY SURE WE'RE ALL GOOD WITH IT. I THINK THAT'S A GOOD AND THEN IF YOU HAD ANY OTHER RECOMMENDATIONS OR CHANGES ANY OTHER DISCUSSION ALL RIGHT. THANK YOU, MELISSA. THANK YOU.

[VII. Consent Agenda]

ALL RIGHT. NEXT UP IS THE, UH, AGENDA ITEM 6 TO 15. DOES ANYBODY HAVE ANY OF THESE ITEMS THEY WANT TO ASK QUESTIONS ABOUT OR PULL FOR IN DEPTH DISCUSSION. NUMBER SIX. AND JUST 14. THEY'RE

[01:20:03]

JUST QUICK QUESTIONS. ALL RIGHT. YOU WANNA JUST ASK THE QUESTIONS OR DO YOU WANNA PULL THEM AND TAKE THEM SEPARATELY? YEAH. SO THE QUESTION ON NUMBER SIX IS, UM, WE DID THE IMPACT STUDY. UH IS THIS ONE A NEW STUDY? NEW NEW RATE STUDY FOR UM I GUESS THE NEW WATER LINE COST OF COST OF SERVICE THAT OUR TAXPAYERS. MAY, UM UH, EXPERIENCE AND IMPACT ON OR IS THIS WHAT IS THIS NEW COST OF? SERVICE AND RATE STUDY ON ON THE WATER AND WASTE WATER, SO COUNCIL MEMBER ZUNI GET THIS.

THIS IS DIFFERENT THAN THE IMPACT FEE STUDIES THAT WE TALKED ABOUT, WHICH IS FOR NEW DEVELOPMENT. THIS IS TO STUDY THE RATE STRUCTURES THAT WE HAVE FOR WATER AND WASTE WATER CUSTOMERS. SO WHAT YOU PAY ON YOUR BILL? WHAT BASED WHAT YOUR CHARGES ARE ON A FIXED RATE BASIS AND A VOLUME BASIS FOR EACH METER SIZE. WE HAVE NOT, UH, WE'VE NEVER DONE A COST OF SERVICE STUDY ON THAT. SO IT'S IMPORTANT TO KNOW HOW MUCH COST SHOULD BE BORNE BY EACH OF THOSE RATE CLASSES AND WHAT SHOULD SB. AND SO THAT'S THE PURPOSE OF THIS STUDY IS TO COME BACK AND THEN BRING YOU THAT INFORMATION. THERE WILL BE RATE CHANGES THAT WILL RECOMMEND TO YOU, BUT IT'LL BE BASED ON THIS STUDY SO THAT EACH CUSTOMER CLASS PAYS THEIR PROPORTIONAL SHARE OF THE COST.

OK, NOW I REMEMBER US HAVING THAT DISCUSSION ON THE ON THE SCALE OF THE USES, OK AND THE NUMBER 14 BRIAN JUST REMIND ME AGAIN. UH, YOU'RE GETTING THE AUTHORITY TO, UH, SIGN. SOME CONTRACTS. FOR EFFICIENCY. BUT WHERE WOULD YOU FIND THE NEED TO JUST SIGN A CONTRACT. UH, WHERE WE MIGHT HAVE BETTER VALUE THAN THEN THROUGH THE BUYBACK PROGRAM , I GUESS, BECAUSE THIS IS THIS WHAT WE'RE DOING HERE? THIS THIS DOESN'T CHANGE THE PROCUREMENT POLICIES. IT'S JUST CHANGING THE SIGNATORY ON THE CONTRACT SO WE WOULD STILL FOLLOW ALL PROCUREMENT POLICIES FOR ALL OF OUR PURCHASES, JUST LIKE WE DO NOW. IT WOULD JUST AUTHORIZE BRIAN TO SIGN IT SO THAT WE DON'T HAVE, UM, TO TRACK DOWN THE MAYOR BASICALLY. HE'S THE HE'S THE ONE IN THE CHARTER THAT SIGNS THIS ALLOWS BRIAN TO SIGN IT. YOU YOU RIGHT, BUT BUT IN MANY OF OUR AGENDA ITEMS WHAT WE'RE PURCHASING COMES IN THE AGENDA ITEM, SO WE'RE KIND OF ALL AWARE OF A BACKHOE BEING P.

IT'LL STILL GO TO YOU. IF IT'S OVER, $50,000. IT'LL STILL GO TO YOU FOR APPROVAL. IT JUST AUTHORIZES BRIAN TO SIGN IT AFTER CITY COUNCIL APPROVAL. SO THAT IF SAY, WE HAVE A LOT OF THESE WHERE WE MIGHT NEGOTIATE THE TERMS OF THE FINAL CONTRACT BETWEEN THE COUNCIL MEETING AND SIGNATURE, BRIAN CAN SIGN IT AFTER THAT, THAT TIME SPEEDS UP ON THE ON THE BACK END THE SIGNATURE PROCESS RIGHT? THE OTHER THING I WOULD SAY IS, IT ALLOWS US TO SELECT AN ALTERNATIVE PROCUREMENT METHOD. SO THE COMPETITIVE SEAL PROPOSAL METHOD AS AN EXAMPLE IS SOMETHING THAT, UM, I DON'T HAVE THE AUTHORITY TO USE RIGHT NOW. YOU'D STILL SEE THAT SOLICITATION AND YOU WOULD SEE THE CONTRACT AND THE AWARD WOULD COME BACK TO THE COUNCIL THAT ALLOWS ME TO LOOK AT ALL THE DIFFERENT, UH, PROCUREMENT METHODS THAT ARE OUT THERE AND TRY TO MAKE THE BEST JUDGMENT ON WHICH ONE GIVES US THE BEST VALUE. SO THAT THAT, UH, THANK YOU. THANK YOU ON THAT REFRESH. THANK YOU. ANY OTHER DISCUSSIONS ON THOSE ITEMS OR QUESTIONS, MOTIONS. MR MAYOR. I'D LIKE TO MAKE A MOTION TO APPROVE CONSENSUS AGENDA ITEM 6 TO 15 SECONDS. MOTION BY COUNCILOR RAUNO SECONDED BY COUNCILOR PARSLEY THAT WE APPROVE AGENDA ITEM SIX THROUGH 15. IS THERE DISCUSSION ON THAT MOTION? ALL IN FAVOR. SAY AYE AYE. ALL

[16. Consider approval of a resolution adopting the City of Kyle's Legislative Program]

OPPOSED MOTION CARRIES 7 TO 0. NEXT UP IS AGENDA ITEM, 16 SAID APPROVAL OF A RESOLUTION ADOPTING SEA COS LEGISLATIVE PROGRAM. GOOD EVENING MAYOR COUNCIL. I'M EXCITED TO BE HERE TONIGHT TO TALK ABOUT OUR LEGISLATIVE PROGRAM. UH, DISCUSS AND APPROVE WHAT WE HAVE BEFORE YOU. SEE IF I CAN GET THIS SLIDE TO GO. NEXT SLIDE. ANYONE IN THE BOOTH NEXT LINE. THANK YOU, UH, THE LEGISLATIVE PROGRAM IS A HIGH LEVEL. UH, DOCUMENT A GUIDE FOR THE CITY THAT DETAILS NOT ONLY COMMUNICATION AT A HIGH LEVEL FOR OUR, UH, COUNCIL AND STAFF BUT ALSO DETAILED STRATEGIES AND LEGISLATIVE PRIORITIES LAID OUT FROM THIS ELECTED BOARD AS A WHOLE, AND IT ALSO TALKS ABOUT HOW WE WILL DEAL WITH PARTNERSHIPS AND STRATEGIC ADVOCATES FOR THE CITY . SO UH, FOR INSTANCE, WE THIS IS THIS GUIDE AND PROJECT. FLYERS THAT WE BUILT BASED ON THE LEGISLATIVE PRIORITIES OF THIS GUIDE HAVE ALREADY BEEN USED WHEN COUNCIL HAS VISITED ELECTED OFFICIALS FROM THE STATE , REGIONAL AND EVEN FEDERAL LEVEL. UM, SINCE WE PUT THIS TOGETHER, IT'S VERY HELPFUL WHEN IT COMES TO SHOWING THIS COUNCIL AS A BOARD AND ITS PRIORITIES AND ALSO THE PROJECTS THAT WE HAVE GOING FORWARD, UH, AND THE PARTNERSHIPS THAT WE WILL

[01:25:04]

UTILIZE AS WELL. SO FOR INSTANCE , WE HAVE FEDERAL. WE HAVE FEDERAL ADVOCATES FEDERAL LOBBYISTS THAT WE USE TO BUILD RELATIONSHIPS AND GET INTO WITH AGENCIES AND FEDERAL ELECTED OFFICIALS. AND AS A PART OF THIS GUIDE, WE IT CALLS OUT. ALSO THIS CITY USING STATE LOBBYISTS AS WELL, UH, FOR THOSE PARTNERSHIPS AND GETTING INTO THOSE AGENCIES AT A STATE LEVEL AND EVEN A REGIONAL LEVEL, SO, UM, IF THIS PASSES AND IT'S THE WILL OF COUNSEL, YOU'LL SEE AN RFP COMING BACK FROM A STATE. UH LOBBYIST LEVEL. UM, UH, FOR COUNCIL TO APPROVE. THIS IS A DYNAMIC DOCUMENT. I'LL REMIND COUNSEL THAT IT IS TO BE REVIEWED. IT'S NOT TO BE SAID ON THE SHELF AND LET IT COLLECT DUST, BUT THAT THESE PRIORITIES WOULD BE ONES THAT YOU GUYS ALWAYS LOOK AT AND REVIEW SO THAT THEY DO. REFLECT EXACTLY WHAT THIS ELECTED BOARD WANTS FROM A LEGISLATIVE PROGRAM, AND IT HELPS ENHANCE AND GUIDE MAJOR PROJECTS AND INITIATIVES THAT WE HAVE NOT ONLY NOW, BUT ALSO IN THE FUTURE. SO WE HAVE OUR CURRENT ROAD BOND PROJECTS. FOR INSTANCE, WE HAVE A $25 MILLION GRANT, UH, RAISED GRANT FOR THE 35 UNDERPASS. THAT THIS LEGISLATIVE PROGRAM HAS HELPED PULL TOGETHER AND SUBMIT. WE HAVE, UH, THE CREASY GRANT AND THE OVER THE RAILROAD CROSSING ELIMINATION ON COLLARS. WE HAVE JUST UNDER $3 MILLION THAT HAS BEEN, UH, HAS BEEN SECURED AND WILL START TO DRAW DOWN ON A ON PURPLE PIPE. UH, THAT WILL BE UTILIZING FOR OUR WATER IN THE FUTURE. WE HAVE WATER AND WASTEWATER NEEDS. WE HAVE MENTAL HEALTH PROGRAMS THAT WE WILL UTILIZE THIS FOR TO HELP BUILD AND GET GRANT MONEY FOR ECONOMIC DEVELOPMENT. VIBE TRAIL PARKS, UH, WE'LL WORK WITH THE EPA. ENVIRONMENTAL PROJECTS, AND THE LIST WILL GO ON AND ON. SO THIS WILL BE A GREAT, UH, PROJECT FOR THE CITY. WE BELIEVE THEY GAVE ME THIS. SO THE OPTIONS ARE TO APPROVE THE RESOLUTION AS A UH AS AS IT STANDS, ADOPTING THE LEGISLATIVE PROGRAM TO APPROVE THE RESOLUTION, WITH ANY CHANGES TO THE LEGISLATIVE PROGRAM THAT YOU HAVE BEFORE YOU OR TO DENY THE RESOLUTION. ALL RIGHT. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS. SO, I. I WENT TO THE BATHROOM. I WAS LIKE, OH, I KNOW. I'M GONNA HAVE PLENTY OF TIME. IF THIS IS I'M GETTING BETTER. I'LL CATCH YOU ONE TIME. DOES ANYBODY HAVE ANY THOUGHTS ON THE RFP FOR THE STATE CONTRACT TO START MAKING THOSE SOLICITATIONS AND TAKING A LOOK AND, UH, AT SOME OF THOSE FIRMS I THINK IT'S A GREAT IDEA. UH, BECAUSE WE'RE LOOKING AT MORE DOLLARS FOR INFRASTRUCTURE. WE'RE LOOKING FOR DOLLARS FOR OUR PARKS. UH HONESTLY, WE'RE NOT GONNA BE ABLE TO PUT THIS FULL BURDEN ON OUR TAXPAYERS. WE'RE GONNA DEFINITELY NEED A WAY TO, UH, REACH OUT AND GET MORE OF THESE DOLLARS. I RECENTLY LEARNED OF SOME DOLLARS FOR OUR PARKS THAT I'M GONNA HOPEFULLY, CITY STAFF CAN PURSUE AND, UH, GONNA CONTINUE TO GO DOWN THAT PATH, BUT I KNOW WE'RE GOING TO NEED HELP. IT'S NOT SOMETHING WE CAN DO IN OUR ROOM.

SO I'M I'M DEFINITELY LOOKING FORWARD TO IT. YEAH I, I JUST WANNA SAY I AGREE WITH THAT. YOU KNOW, I. I WANTED US TO DO A STATE AS WELL AS FEDERAL LOBBYISTS. BACK IN 2017 THE FIRST TIME WE STARTED PURSUING THIS, AND WE JUST WE JUST TOOK FOR THOSE WHO ARE STILL HERE. WE JUST TOOK A LEGISLATIVE TRIP, UH, TO WASHINGTON, DC TO ATTEND A CONFERENCE AND TO MEET WITH OUR DELEGATION. UH SO THAT'S CONGRESSMAN CHIP ROY. AND UH UH, SENATORS CRUZ AND CONGRESSMAN CASAR AND SENATOR SENATOR CORNYN'S OFFICE. BUT WE ALSO MET WITH THE FEDERAL HIGHWAY ADMINISTRATION WE MET WITH FEDERAL RAILROAD ADMINISTRATION. A LOT OF THE FEDERAL, UH UH, ORGANIZATIONS AND WE TALK TO THEM ABOUT RAIL SIDING PROJECTS AND 150 EXPANSION AND, UH OVERPASS FUNDING AND ACROSS THE BOARD. THEY KEPT SAYING, YOU KNOW, WELL, UH, ARE YOU TALKING TO THE STATE? BECAUSE 90% OF THOSE DOLLARS GO TO THE STATE AND THE FEDERAL REPRESENTATION, WHICH IS IMPORTANT, WHICH HAS SECURED ON ABOUT $400,000 IN INVESTMENT WE'VE SECURED ABOUT $3 MILLION IN GRANTS. UH I. I THINK THERE'S A POTENTIAL FOR THE STATE LOBBYIST TO BE ABLE ADVOCATES TO BE ABLE TO HELP US POTENTIALLY EVEN MORE THAN THAT. BECAUSE A LOT OF THE MONEY THAT'S DISCRETIONARY FLOWS THROUGH THE STATE, SO I'M I'M VERY MUCH IN FAVOR OF AT LEAST TAKING A LOOK AND TALKING TO SOME FOLKS TO SEE WHAT HELP THEY COULD PROVIDE US WITH WORKING WITH TECH DOT CAMPO, UM AND THEN ALSO, YOU KNOW OUR OUR, YOU KNOW. WORKING ON LEGISLATURE LEGISLATIVE BILLS, MAKING SURE THAT OUR VOICES ARE HEARD ON THE IMPACT THAT SOME OF THESE BILLS WILL MAKE. AT THE STATE LEVEL IN PARTICULAR, WHICH ARE THE MOST HOSTILE TOWARDS CITIES WITHOUT A DOUBT. UH I THINK IT'S JUST ACROSS THE BOARD WOULD BE WOULD BE HELPFUL, SO I'M IN SUPPORT OF IT AS WELL. IT WAS JUST OPTION A. IS THAT WHAT YOU SAID RIGHT MOTION TO APPROVE THE RESOLUTION. SECOND OUR MOTION BY MAYOR SECONDED BY COUNCILOR MAYOR PARSLEY. UH, IS THERE A DISCUSSION ON THE MOTION? I JUST HAD A QUESTION FOR JESSE. CAN WE MAYBE GET, UM, AN ANALYSIS OF WHAT STATE MONEY HAS COME TO OUR NEARBY CITIES BECAUSE, I THINK I RECALL SO MARK IS GETTING A LOT OF STATE MONEY FOR A PROJECT. I DON'T KNOW WHAT THE POINT WE CAN CERTAINLY LOOK INTO IT. YES JUST LIKE TO SEE. HOW ARE WE DOING? ARE WE FOLLOWING FAR BEHIND STATE MONEY? AND I KNOW THE

[01:30:01]

COMPETITION OUT. THERE IS REALLY, UH TOUGH. I MEAN, WE'RE WE'RE COMPETING ABOUT OTHER CITIES AND EVERYBODY'S CHASING THESE DOLLARS, SO WE DEFINITELY NEED EVERY ADVANTAGE. WE NEED TO HAVE THAT LEVEL OF, UH, PLAYING FIELD. SO I'D LIKE TO SEE THAT WE CAN TAKE A LOOK AT THAT. AND I WILL SEE WE STAFF IS SEEN A SNOWBALL EFFECT NOT ONLY WITH THE LEGISLATIVE PRIORITIES BUT ALSO WITH THE RELATIONSHIPS THAT COUNCIL MEMBERS ARE BUILDING WITH OTHER ELECTED OFFICIALS. I MEAN, WE REALLY ARE SEEING A LOT MORE PARTICIPATION, AND IT'S VERY HELPFUL WHEN WE GO FOR LETTERS OF SUPPORT AND SUBMITTING FOR THESE GRANTS, SO I THINK I THINK THERE A LOT OF VALUE IN IT. UH, THE ONLY EXAMPLE COMES FROM RESUMING THAT I CAN GIVE IS AND IT'S REALLY WHAT STARTED ME WANTING TO DO IS BACK IN THE MEMORIAL DAY. FLOODS HALLOWEEN FLOODS 2015 WHEN, WHEN , WHEN WE JUST SUBS, UH, SUSTAINED A TON OF DAMAGE SAY MARCOS ALSO SUSTAINED A TON OF DAMAGE, BUT I MEAN, OUR TOWN FLOODED AND THERE WAS A LOT OF DAMAGE. UM SAN MARCOS RECEIVED SOMETHING LIKE $25 MILLION AND I THINK WE RECEIVED UH, LESS THAN ONE AND I WENT TO THEM WHEN WE SAW THAT, AND I WENT TO THE MAYOR AT THE TIME, MAYOR TAMARI SAID. HOW DID Y'ALL GET $25 MILLION WHEN THERE'S NO EVIDENCE AND AT LEAST FROM THE WAY I SEE IT, THAT YOU HAD MORE FLOODING DAMAGE THAN WE DID? AND HIS RESPONSE WAS, UH, OUR STATE AND FEDERAL LOBBY TEAMS WERE ON IT.

THEY KNEW ALL THE PROCESSES THAT WE NEEDED TO GO THROUGH, UH, AND HAVE THOSE RELATIONSHIPS AND THEY JUST DESTROYED US IN TERMS OF THE AMOUNT OF MONEY THEY COULD RAISE. AND SO THAT'S WHERE I STARTED PURSUING IT. IT DID NOT WORK. THE FIRST YEAR I PROPOSED IT. UH, BUT FEW YEARS LATER, WE WERE ABLE TO, UM, HIRE FEDERAL REPRESENTATION. SO UM, I THINK IT'S ABOUT INVESTMENT.

IT'S ALSO ABOUT WHAT WE CAN DO. SO YOU KNOW, FROM THE COUNCIL MEMBERS STANDPOINT OF PRESSING STAFF AND DEVELOPING THOSE RELATIONSHIPS, BUT ALSO STAFFS CAPABILITY OF USING THE LEGISLATIVE, UH, YOU KNOW, BUT ORGANIZATIONS AND LOBBY LOBBY SHOPS, UM, EFFECTIVELY TO MAKE SURE THAT THEY'RE DOING EXACTLY WHAT WE WANT. AND I THINK, JESSE, I THINK WITH YOU IN PARTICULAR THAT THERE'S UH, AN OPPORTUNITY FOR THAT. WE'VE ALREADY SEEN AN IMPACT THAT YOU'VE MADE IN THAT WAY. SO IF YOU'RE SAYING THAT YOU FEEL LIKE YOU CAN USE THESE PROGRAMS AND THESE THESE ORGANIZATIONS TO HELP, UH, KEEP US MOVING FORWARD IN THE RIGHT DIRECTION. I I THINK WE'D BE FOOLISH NOT TO DO IT PERSONALLY, AND ABSOLUTELY, AND THAT'S ALSO AN EXPECTATION, YOU KNOW. SO I. I JUST WANNA SAY FOR THE RECORD THAT EVEN THOUGH HE WASN'T GOING THROUGH MORE SLIDES THIS COUNTS AGAINST THE TIME. YEAH OF COURSE IT DID. YEAH. YEAH, YOU SHOULD HAVE SAID THESE THINGS. ALL RIGHT. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY, AYE, AYE, I'LL OPPOSE ALL RIGHT. MOTION CARRY 7 TO 0. WE'RE SORRY, JESSE. WE LOVE YOU. ALL RIGHT. NEXT UP, JENNA. I'M

[17. (First Reading) Consider approval of an ordinance granting a non-exclusive franchise to One Gas, Inc. for a period of 20 years for the transportation, distribution, and sale of gas and requiring payment of franchise fees.]

17 1ST READING SAID APPROVAL OF AN ORDINANCE GRANTING A NONEXCLUSIVE FRANCHISE TO ONE GAS INCORPORATED FOR A PERIOD OF 20 YEARS FOR THE TRANSPORTATION, DISTRIBUTION AND SALE OF GAS AND REQUIRING PAYMENT OF FRANCHISE FEES. THIS ITEM DOES HAVE A PUBLIC HEARING MRS. IF YOU IF YOU WANT TO PRESENT THEN I WILL OPEN THE PUBLIC HEARING. THEN WE'LL OPEN FOR QUESTIONS. THANK YOU FOR REMEMBERING THAT YOU. THIS IS THE CITY MANAGER FOR THE RECORD. RIGHT? THE CURRENT FRANCHISE AGREEMENT WITH, UH, TEXAS GAS SERVICE IS WHICH IS A DIVISION OF ONE GAS. UM, EXPIRES APRIL 24TH 2024. SO THAT'S WHY WE'RE BRINGING THAT TO YOU TONIGHT. UM TEXAS GUEST DID PROVIDE US WITH A NOTICE OF INTENT TO RENEW ON NOVEMBER. UH, 2023. UH, THIS FRANCHISE AGREEMENT PROVIDES THE ABILITY FOR TEXAS GAS TO OCCUPY OUR RIGHTS OF WAY. UM AND THEY CAN TRANSPORT DISTRIBUTE AND SELL NATURAL GAS. AND THEN THE FRANCHISE PIECE FEES PAID TO THE CITY ARE 4% OF THE GROSS RECEIPTS RECEIVED BY TEXAS GAS WITHIN, UM, OUR CITY LIMITS.

THERE'S A 20 YEAR TERM PER REQUIREMENT OF THE CHARTER, SO Y'ALL CAN GO ANY LONGER THAN THAT. AND THEN THEY HAVE A VERY SMALL SERVICE AREA. UM, CUSTOMER BASE IN THE CITY OF KYLE. THE POLICY CONSIDERATIONS FOR YOU, UM THE CITY OF KYLE ALSO CHARGES A FEE TO TRANSPORT GAS, WHICH IS A GAS THAT IS PROVIDED BY SOMEONE OTHER THAN THE TEXAS GAS SERVICE BUT TRANSPORTED THROUGH THEIR LINES. THERE ARE TWO CUSTOMERS. UM HEY CD AT LEHMAN HIGH SCHOOL AND THEN ASCENSION.

SETON HOSPITAL. UM, LAST YEAR OF THE 22,000 IN FRANCHISE FEES THAT WE COLLECTED. WE RECEIVED ABOUT $4200 FOR TRANSPORT. GAS. UM CITY COUNCIL COULD CHOOSE NOT TO CHARGE THE FEE TO TRANSPORT GAS. SO OPTIONS BEFORE YOU TONIGHT ARE TO APPROVE THE ORDINANCE AS PRESENTED, GRANTING A NON EXCLUSIVE FRANCHISE TO ONE GAS FOR A PERIOD OF 20 YEARS FOR THE TRANSPORTATION, DISTRIBUTION AND SALE OF GAS AND REQUIRING PAYMENT FRANCHISE FEES. OR YOU COULD APPROVE THE ORDINANCE WITH

[01:35:05]

THE REMOVAL OF THE TRANSPORT FEES, AND THEN WE WOULD BRING THAT BACK TO Y'ALL FOR A SECOND READING, UM AND DO NOT APPROVE. AND STAFF IS RECOMMENDING THAT Y'ALL APPROVE THE ORDINANCE GRANTING THE FRANCHISE WITH THE REMOVAL OF THE TRANSPORT FEES AND WE WILL BRING THAT BACK TO YOU ON SECOND READING. ALL RIGHT. THANK YOU. MS SCHMID'S. THIS ITEM DOES HAVE A PUBLIC HEARING, SO THERE ARE NO OBJECTIONS. I'M GOING TO OPEN THE PUBLIC HEARING SEEING NONE.

THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THIS ITEM? ALRIGHT. SING NAN. PUBLIC HEARING IS NOW CLOSED. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS? COUNCILOR ZUNA? YES AGAIN ON ON A FEE THING, I. I DON'T KNOW ABOUT REMOVING A TRANSPORT FEE. I KNOW IT'S A SMALL INCREMENT. BUT IT'S NOT EVEN ABOUT THE AMOUNT. IT'S JUST LIKE WE'RE WAIVING FEES FOR I. I ENTERPRISE. UM AND THEN HOW HOW DOES TEXAS GAS SERVICE DO IN OUR CITY WITH THEIR WITH THEIR, UM, I GUESS WHEN WE WHEN WE NEED THEM TO GO CHECK ON GAS LEAKS OR GAS CALLS. ARE THEY PRETTY RESPONSIVE? TO ALL THE LINES THEY HAVE THROUGHOUT THE CITY THAT A LOT OF THEM ARE ON 150 I. I DO SEE A LOT OF, UM KIND OF CROOKED. CROOKED. UH, BARRIERS.

THE YELLOW LINES, I GUESS ARE THEIRS. IS THAT TEXAS GAS SERVICE I CAN TELL YOU THAT THEY ARE RESPONSIVE WHENEVER WE HAVE A GAS LEAK, YOU KNOW THEY'RE RIGHT THERE ON THE WORKING WORKING ON IT, UM, WITH REGARD TO, UM, MAKING THE RECOMMENDED RECOMMENDATION OF THE FRANCHISE, THE TRANSPORT FEE REMOVAL, UM WE FELT LIKE THE CUSTOMERS THAT WERE IMPACTED THE SCHOOL DISTRICT AND THE HOSPITAL. UM SEEM TO BE, UM, AN SOME ENTITIES THAT WE WOULD WANT TO SUPPORT.

AND SINCE THE FRANCHISE FEE WAS SO SMALL, UM, THAT'S WHY WE ARE MAKING THAT RECOMMENDATION. OF COURSE, THAT'S UP TO COUNCIL TO DECIDE. UM I DO HAVE LARRY GRAHAM HERE, UH, WITH TEXAS GAS.

IF YOU HAVE ANY QUESTIONS, I DON'T KNOW IF YOU CAN SPEAK TO, UM, THE COLOR OF THE LIONS AND WHERE THEY'RE AT. I DON'T THE CONCERN IS WHERE THEY'RE I GUESS LIKE, UH, THE MAINTENANCE OF THE CAP LINES, AND I THINK THAT THERE IS SOME SPOTS THAT ARE, UM PROBABLY THE MOST DANGEROUS SPOTS. UM, ARE THOSE CHECKED UP ON REGULARLY OR ON SCHEDULES. YEAH SO, UM, GOOD EVENING, MR MAYOR, COUNCIL MEMBERS, LARRY GRAHAM OF TEXAS GAS SERVICE. SO TEXAS GAS SERVICE JUST YOU KNOW, WE HAVE ABOUT 700,000 CUSTOMERS IN TEXAS. WE PROBABLY HAVE 270,000 IN THE METRO AREA WERE MAINLY IN TRAVIS COUNTY. AND I WOULD PRESUME THAT CENTER POINT IS A HAS MORE OF THE CUSTOMERS IN KYLE. UM AND I THINK WE ONLY HAVE WE HAVE 477 CUSTOMERS AND OUR STUFF I BELIEVE IS EAST OF 35. SO THE OTHER THE OTHER PART OF TOWN, SO YEAH. ALL OF OUR LINES ARE ON EITHER TWO OR THREE YEAR SCHEDULE WHERE WE GO TO SOMETHING CALLED, UH, A LEAK SURVEY AND THE SYSTEM HERE IS RELATIVELY NEW. I THINK IT THE, UH AT THE OLDEST. IT'S 20 YEARS OLD. THAT'S WHEN WE GOT THE FRANCHISE. SO THERE IS REGULAR MAINTENANCE. IF YOU HAVE A SP IN MOST OF OUR STUFF SHOULD BE UNDERGROUND AND YOU'RE RIGHT. NATURAL GAS PIPE, NOT JUST OURS, BUT NATURAL GAS UTILITIES. USE YELLOW, UM IT IT'S COMMON FOR A TWO OR FOUR INCH MANE THAT YOU WOULD SEE IN A RESIDENTIAL STREET. BUT IF YOU HAVE A SPECIFIC LOCATION THAT YOU HAVE A QUESTION ABOUT WE'D BE HAPPY, UH, TO SEND SOMEBODY OUT OR TO CHECK TO THAT. AND UM SO DO YOU ALL HAVE GAS SERVICE THROUGH ANY SUBDIVISIONS THAT AND I APOLOGIZE. I KNOW, BECAUSE I KNOW SOME HOMEOWNERS AREN'T EVEN AWARE OF IT THAT THEY HAVE A LIKE A GAS. LIKE I SAID, I THINK I THINK YOU HAVE A DIFFERENT UTILITY. THAT'S MAINLY ON THE WEST SIDE OF 35. IS THAT 150 LIKE I DON'T KNOW THE NAMES OF THESE AND I FORGET. IT LOOKS LIKE IN HIGH SCHOOL. NEAR THE HOSPITAL THAT SO WE HAVE 448 RESIDENTIAL CUSTOMERS IN KYLE 28 COMMERCIAL, ONE PUBLIC AUTHORITY, WHICH WOULD BE THE WHICH WOULD BE THE HIGH SCHOOL. OK AND THE QUESTION ON THE FRANCHI O ON THE, UH, THE FRANCHISE FEES FOR THE TRANSPORT. IT'S A POLICY POLICY DECISION FOR THE COUNCIL. YOU KNOW, IT DOESN'T AFFECT US. I WILL SAY THAT MOST CITIES DON'T CHARGE THE FRANCHISE FEE ON THE COMMODITY THAT THE TRANSPORT CUSTOMERS GET. AND UM IT CAN BE A LITTLE BIT CONFUSING. THEY STILL PAY FRANCHISE FEE ON THE METER FEES, BUT THEY'RE BUYING THEIR GAS FROM A THIRD PARTY.

[01:40:03]

WE'RE NOT PART OF THAT TRANS ACTION. AND SO THAT'S THE DEAL. MOST CITIES DON'T DON'T DO THAT, BUT IT'S JUST A POLICY DECISION FOR THE COUNCIL. OK THANK YOU, SIR. MR MAYOR. I'D LIKE TO MAKE A MOTION THEN TO APPROVE THIS, UM, AGENDA ITEM. SECOND MOTION BY COUNCILOR ZUGA SECONDED BY THE MAYOR THAT WE APPROVED THE ORDINANCE, UH, AS RECOMMENDED BY STAFF, GRANTING THE FRANCHISE, UH BUT ALSO, UH, CHARGING FEE. IS THERE DISCUSSION WITH THE TRANSPORT? IS THERE ANY DISCUSSION ON THAT MOTION? SO WHAT GUARANTEES DO WE HAVE THAT IF WE REMOVE THE FEES THAT THEY'RE GONNA DROP THE FEES OFF THE HOSPITAL OR LAYMAN HIGH SCHOOL BELIEVE THAT IT'S PART OF THE OR THE ORIGINAL ORDINANCE THAT SAYS THAT THEY WILL CHARGE THOSE TRANSPORT FEES TO THOSE CUSTOMERS AND THEN REMIT THEM BACK TO THE CITY. SO THAT LANGUAGE WOULD BE REMOVED FROM THE ORDINANCE. OK SO, UH, I WANNA FIND OUT WHO'S GONNA BE MAKING SURE THAT THOSE FEES ARE REMOVED. I DON'T WANT THEM TO FOR SOMEONE TO COME BACK A YEAR FROM NOW, SAYING THE HOSPITAL IS STILL BEING CHARGED FOR THAT, AND WE'RE NOT GETTING THOSE FEES. UH, I JUST WANNA MAKE SURE THAT WE HAVE FOLLOWED THROUGH ON THIS AND WE DO AWAY WITH THESE FEES. SURE I CAN MAKE SURE I DO MY DUE DILIGENCE WITH MISTER GRAHAM AND MAKE SURE I YOU KNOW, SOMETIMES WHEN YOU REMOVE FEES, IT JUST YOU NEVER KNOW IF THE, UH THE CONSUMER IS GETTING THAT DISCOUNT. THAT'S MY CONCERN.

THANK YOU. ALL RIGHT. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE AYE, I'LL POST ALL RIGHT. MOTION CARRIES 7 TO 0. UH, IS THERE ANY OBJECTION TO THIS ITEM BEING FINALLY PASSED? I SEE NONE. THE ITEM IS FINALLY PASSED, WHICH I CAN DO RIGHT, JENNIFER ON THIS. TAKE THAT AS A

[18. (First Reading) Consider approval of an Ordinance approving a Conditional Use Permit for a medical office use pursuant to the Kalterra Capital Partners, LLC Development Agreement for a property located at 2220 Kohlers Crossing, Hays County, TX 78640. (CUP-24-0101)]

YES. ALL RIGHT. NEXT UP IS GIN ITEM NUMBER 18 1ST READING TO PROVE OF AN ORDINANCE. UH, PROVING CONDITIONAL USE PERMIT FOR MEDICAL OFFICE. UH USE UH, PURSUANT TO THE CALTER CAPITAL PARTNERS LLC DEVELOPMENT AGREEMENT FOR PROPERTY LOCATED AT 2220 COLORS CROSSING. UH, THIS ITEM HAS A PUBLIC HEARING. THIS IS MISS SHARP. NORMALLY, WE DO NOT DO CONDITIONAL USE PERMITS AT THE COUNCIL LEVEL. BUT THIS IS SOMETHING WE NEGOTIATED INTO THE CALTER DEVELOPMENT AGREEMENT, SO WE HAVE A CHANCE TO REVIEW THE PLANS. UH, IF YOU WANNA PRESENT THEN I'LL DO THE PUBLIC HEARING. AND THEN WE CAN OPEN IT FOR QUESTIONS. UH, KAYLA SHARP CITY PLANNER FOR THE RECORD. UM SO LIKE MAYOR SAID, THIS IS NOT SOMETHING THAT COUNCIL USUALLY SEES. HOWEVER IT IS A REQUIREMENT OF THE CALA DEVELOPMENT AGREEMENT. UM SO.

OK, SO THIS IS, UM AN APPLICATION FOR, UM, A MEDICAL OFFICE USE AT 2200 COLORS CROSSING. THEY'RE WANTING TO CONSTRUCT AN APPROXIMATELY 7200 SQUARE FEET BUILDING. UM AND IT IS RIGHT AT THE CORNER OF KOHLER'S CROSSING AND KYLE CROSSING. WORK.

MAYBE. ALL RIGHT. ALL RIGHT, SO THE PLANNING AND ZONING COMMISSION CONSIDERED THE FIRST CONDITIONAL USE PERMIT FOR REVIEW OF THE MATERIALS FOR THE I 35 OVERLAY AND APPROVED THAT FOR A SHELL BUILDING. UM BACK IN JANUARY. THIS SITE IS ZONED RETAIL SERVICES, WHICH GENERALLY ALLOWS FOR MEDICAL OFFICE USE. UM HOWEVER, PER THE DEVELOPMENT AGREEMENT. THIS MEDICAL OFFICE USE REQUIRES A CONDITIONAL USE PERMIT, WHEREAS OTHERWISE WOULD BE ALLOWED IN THE RETAIL SERVICE. ZONING DISTRICT AND SECTION TWO OF THE DEVELOPMENT AGREEMENT OUTLINED SOME CRITERIA REQUIRED FOR REVIEW AND APPROVAL OF USES IDENTIFIED. SO THIS IS A LONG LIST OF CRITERIA AND THERE ARE TWO SIDES OF THIS, BUT GENERALLY IT'S JUST IS THE USE CONSISTENT, UM, WITH THE COMPREHENSIVE PLAN DOES IT COMPLY WITH REQUIREMENTS OF THE ZONING ORDINANCE? ARE THERE ADEQUATE? UTILITIES AND THINGS LIKE THAT, IS IT, UM GOING TO NEGATIVELY IMPACT THE SURROUNDING PROPERTIES. SO AND THEN CONTINUING ON WITH THE CRITERIA. UM, BASICALLY DOES IT CREATE ANY ADVERSE IMPACTS ON THE ADJOINING PROPERTIES? UM, IS IT APPROPRIATE SIZES AND SCALE? UM AND THEN YOU'LL NOTICE THE LAST ONE IS WHETHER THE PROPOSED USE IS OVERREPRESENTED WITHIN OR NEAR TO THE COMMUNITY. SO ON THE NEXT ONE, I HAVE A MAP SHOWING

[01:45:03]

THE NEARBY MEDICAL OFFICES SO THIS IS WITHIN A HALF MILE BUFFER. UM, SO THERE ARE THREE NEW SPY, CHIROPRACTIC, CARBON HEALTH AND ASPEN DENTAL. HERE ARE JUST FOR YOUR REFERENCE THE RENDERINGS. IT'S UM HIT ME HIT MET THE 90% MASONRY REQUIREMENT OF, UM THE I 35 OVERLAY THAT WAS PREVIOUSLY APPROVED BY THE CITY COUNCIL OR THE PLANNING AND ZONING COMMISSION. SORRY. THE NEXT WE SHOULD HAVE THE SITE PLAN. AND THEN THE NEXT ONE IS THE LANDSCAPE PLAN. AND THIS HAS GONE THROUGH THE SITE DEVELOPMENT PROCESS, AND EVERYTHING HAS BEEN COMPLIANT WITH OUR REQUIREMENTS FOR THAT. THESE ARE MORE SO JUST FOR YOUR REFERENCE. SO ON THIS PLAN RIGHT HERE, THE TREE UP ON TOP LEFT A LITTLE BIT OF CONCERN. UM HOW CLOSE IS IT TO THE, UH, SIDEWALKS AND INTO THE ROADWAY? I'M JUST WORRIED ABOUT THAT TREE GROWING ROOTS SIDEWAYS. I DIDN'T KNOW WHAT KIND OF TREE THAT WAS. I COULDN'T READ IT. IT'S TOO SMALL. UM, YEAH, I CAN'T READ IT FROM RIGHT HERE. UM BUT GENERALLY, UM, IF IT'S PLANTED EARLY ENOUGH UM THEY'RE USUALLY PLANTED SMALL ENOUGH THAT IT'S NOT I'M WORRIED ABOUT WHEN IT GROWS. THAT'S WHAT MY MAIN CONCERN IS BECAUSE WE HAVE TREES ALL OVER THE CITY WHERE SIDEWALKS ARE GOING UP. ROADWAYS ARE GOING UP. JUST MAKING SURE WE'RE PLAYING, MAKING SURE THEY'RE PLANTINGS ARE PLANTINGS THAT ARE GONNA BE SUSTAINABLE FOR, UH, YOU KNOW, AS THE TREE GROWS, AND IT'S NOT UPROOTING OUR INFRASTRUCTURE. YES, SIR. THIS THIS WAS REVIEWED IN THE SITE DEVELOPMENT. UH, PROCESS.

UM AND SO IF THERE WERE ANY CONCERNS, IT WOULD HAVE BEEN CAUGHT AT THAT TIME. THIS HASN'T APPROVED SITE DEVELOPMENT PERMIT. UM AND WE REVIEWED THE LANDSCAPE PLANS THEN. REVIEWED THIS ITEM DOES HAVE A PUBLIC HEARING. SO IF YOU IF THERE ARE NO OBJECTIONS, I'M GONNA OPEN UP THE PUBLIC HEARING NOW, SEEING NOW IN PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ALL RIGHT. SEEING NONE. PUBLIC HEARING IS NOW CLOSED THE SAME.

A. DO YOU HAVE ANY FURTHER QUESTIONS FOR NOW? I HAVE A COMMENT FOR THOSE ELEVATIONS.

ARE REALLY NOT, UM EYE CATCHING THE WHAT? THE ELEVATIONS OF THE BUILDING. SO THE ELEVATIONS WERE ALREADY PREVIOUSLY APPROVED BY THE PLANNING AND ZONING COMMISSION. AS PART OF THAT CONDITIONAL USE PERMIT. THIS WAS A SEPARATE APPLICATION, AND IT MET THE REQUIREMENTS OF THE I 35 OVERLAY FOR MATERIALS AND ARTICULATION AND THINGS LIKE THAT. SO, UH, OUTSIDE OF WHAT'S UM OUTLINED IN THE I 35 OVERLAY, UM, PER STATE LAW. WE REALLY DON'T HAVE MUCH CONTROL OVER IT.

I'M SAD THAT WE DON'T THAT'S WHAT CONDITIONAL USE PERMITS ARE EVERY TIME A CONDITION USE PERMIT COMES. COUNCIL WANTS TO DO SOMETHING AND IT ALWAYS COMES BACK TO THIS AND IT'S ALWAYS DANIEL. IT'S A NICE WORD BECAUSE YOU WANT YOU WANT THE STANDARD. I GUESS IT'S JUST I. I FEEL THAT I WISH THAT YOU KNOW ANYTHING THAT EVEN EVEN WHENEVER WE HAVE A CONDITIONAL USE, THE STANDARDS WILL BE HIGHER THAT WE COULD, YOU KNOW, DICTATE THE TYPE OF STANDARDS THAT WE HAVE, BECAUSE I IT'S JUST A REALLY UGLY PLANE BUILDING. THAT'S ALL I HAVE. TO SAY ABOUT THAT COUNCIL. HEY, KILL IT, DO YOU, UM, OUTSIDE OF MEDICAL? DO WE KNOW WHAT THAT MEANS? IN TERMS OF WHO TENANTS CAN BE WHAT TYPES OF MEDICAL? I BELIEVE IT WILL BE, UM, A DENTIST OFFICE. ANOTHER DENTIST'S OFFICE. ANOTHER TACO BELL. GAS STATION BOY, IT'S HISTORY, REPEATING ITSELF. GO AHEAD. YOU. YOU MAY NOT HAVE BEEN HERE WHEN THAT HAPPENED. UH, IS THERE ANY REASON TO GRANT THIS PERMIT? OUTSIDE OF THE FACT THAT ASKING OUTSIDE OF THAT, SO ULTIMATELY, IT'S UP TO THE CITY COUNCIL. THAT STAFF HAS FOUND THE REQUEST TO BE COMPLIANT WITH THE CRITERIA THAT WAS OUTLINED IN THE DEVELOPMENT AGREEMENT. UM BUT ULTIMATELY IT'S UP TO CITY COUNCIL TO WAS THAT BEING SAID MAYOR I'D LIKE TO MAKE A MOTION TO APPROVE OF ITEM NUMBER 18 2ND MOTION BY MAYOR PRO TEM SECONDED BY MAYOR THAT WE PRODUCE IN THE ITEM NUMBER 18 IS THEIR DISCUSSION ON ON THE MOTION.

LOOK, CONDITIONAL USE PERMITS ARE NOT WHERE YOU GET YOU. YOU CAN'T YOU CAN'T DO IT. YOU YOU JUST IF YOU IF YOU MAKE BAD ARGUMENTS FOR DENYING CONDITIONAL USE PERMITS, WHICH WERE NOT EVEN TALKING ABOUT THE CONDITIONAL USE PERMIT AESTHETICS, ARCHITECTURE, THINGS THAT AREN'T IN THE CODE. AND IF THERE'S NOTHING, NOT COMPLIANT IN THE CODE, AND YOU DENY CONDITIONAL USE PERMIT. IT'S LIABILITY, 101. IS THAT RIGHT? AMY? IS THAT BECAUSE THAT'S WHY WE HAVE TO. THIS IS NOT A DEVELOPMENT AGREEMENT. THAT'S WHEN THAT'S WHEN THE NEGOTIATIONS FOR STANDARDS ARE PASSED IN. IT'S EASY TO YOU CAN OBVIOUSLY CRITICIZE AND SAY, OH, WE SHOULD HAVE MADE THE DEVELOPMENT AGREEMENT STRONGER IN THIS WAY OR THAT, BUT THAT'S

[01:50:04]

WHERE THOSE NEGOTIATIONS HAVE TO TAKE PLACE. THEY'RE ABOUT TO BREAK GROUND, SO THAT'S WHAT A CONDITIONAL USE PERMIT IS OUR JOB AND NORMALLY WE DON'T EVEN DEAL WITH IT BECAUSE IT'S BELOW THE CITY COUNCIL. OUR JOB IS TO MAKE SURE THAT IT'S COMPLIANT WITH THE AGREEMENT, AND IT'S COMPLIANT WITH ZONING AS KAYLA SAID, AND IF IT IS STATUTORILY, WHICH IS EXACTLY WHAT SHE JUST SAID. WE ARE REQUIRED TO APPROVE. ANY FURTHER DISCUSSION. WE JUST FOR THE RECORD KNOW WHAT EXACTLY WOULD THE RAMIFICATIONS WOULD BE? UH, IS A LAWSUIT OR CAN WE JUST SO I KNOW YEAH. IT'S DIFFICULT TO GET INTO THE EXACT RISKS INVOLVED IN ANY PARTICULAR NEED TO GO INTO IF YOU REALLY WANT TO BREAK YOUR SESSION. BUT YES, LAWSUITS ARE ALWAYS POSSIBLE IF THAT WAS THE QUESTION ALL RIGHT. ANY FURTHER DISCUSSION? DO WE NEED TO ROLL CALL VOTE THIS WE CANNOT DENY IT, THOUGH. NO WE CANNOT, BUT I MEAN, YES, WE CAN. IT'S JUST, UH WE'RE NOT BEING GOOD STEWARDS OF THE RESPONSIBILITIES WE HAVE IF WE DO BECAUSE THEY WERE GOING TO SUE US. THEY HAVE TO. THEY WON'T EVEN HAVE A CHOICE. I MEAN, THEY PROBABLY ALREADY GOT MATERIALS ON ORDER. THAT'S WHAT CONDITIONAL USE PERMITS ARE. IT'S LETTING THEM START THEIR PROJECT. IT'S NOT ENTITLING THEIR PROJECT OR REVIEWING THE ARCHITECTURE AND THOSE KIND OF THINGS. ALL RIGHT. OR THE USE.

DO WE WANT ANOTHER DENTIST OFFICE? THAT'S GROUNDS FOR A LAWSUIT. DO WE HAVE ON THE DETAILS ON STANDARDS? IT SAYS THE FOLLOWING SPECIFIC USES ARE NOT DEEMED UNDESIRABLE AND DEVELOP OUR CONSENT TO THE REQUIREMENTS. THEY ONLY BE ALLOWED BY A CONDITIONAL USE PERMIT. AND SO UNDER THOSE WE HAVE MEDICAL OFFICES. THAT'S IN THE DEVELOPMENT AGREEMENT. SO THAT'S WHY THEY'RE ASKING FOR THAT CONDITIONAL USE PERMIT BECAUSE OTHERWISE THEY WOULDN'T BE ALLOWED. YES THERE IS TECHNICALLY WITH THE AGREEMENT SAYS, BUT THE AGREEMENT ALSO LISTS MULTIPLE CRITERIA THAT WE USE TO DETERMINE WHETHER OR NOT THEY ARE COMPLIANT. FOR PURPOSES OF A CONDITIONAL USE PERMIT AND STAFF HAS ANALYZED IT AND DETERMINE THAT THEY ARE SO STATUTE RECOMMENDATION IS TO APPROVE. SO EVEN IF THE STAFF RECOMMENDATION IS TO APPROVE THEY ARE STILL UNDER THE LIST OF UNDESIRABLE BUSINESSES. WOULDN'T THAT BE? A POINT THAT REQUIRES THEM TO GET THE CONDITIONAL USE PERMITS, WHICH AGAIN. THEY HAVE THEY HAVE THE LIST OF CRITERIA THEY HAVE TO APPLY, COMPLY WITH TO GET THE CONDITIONAL USE PERMIT. THAT'S WHY WE'RE HERE IS THERE A SPECIFIC NUMBER OF CRITERIA THAT THEY HAVE TO MEET IN ORDER FOR US TO APPROVE THE CONDITIONAL PERMIT? I CAN'T TELL YOU THAT. I DON'T KNOW. AND WE TABLE THIS ITEM. I IF THE VOTES ARE THERE, I DON'T. IT'S THE SAME THING. I'M NOT. I'M I'M NEVER GONNA AGREE TO PUT AT RISK OF PROVING A CONDITIONAL USE PERMIT BECAUSE THAT'S NOT WHERE WE MAKE OUR NEGOTIATIONS. SO IT'S NOT GOING TO END. WELL IF WE GO BACK AND SAY, WELL, WE DON'T WANT YOU TO HAVE A DENTIST OFFICE. THEY'RE COMING WITH THE DENTIST'S OFFICE. THEY ARE 100% COMING, AND IF WE TRY TO STOP THEM, THEY WILL HAVE NO CHOICE BUT TO ENGAGE US LEGALLY. SO ALL RIGHT. I'M GONNA JUST ROLL CALL VOTE. PARSLEY. NAY. ZUNIGA. UH YES. TOBIAS. UM DOESN'T MATTER TO ME. KER. WHAT WAS THE LAST VOTE WAS DOESN'T MATTER. YOU'RE ON THE YOU'RE ON THE CLOCK TO VOTE. WE JUST KEEP MOVING.

PARIS. YES. MITCHELL. YES, RIZZO. YEAH, I WON THE LAWSUIT. YES AND I DON'T WANT A LAWSUIT, EITHER. ALL RIGHT, NEXT UP IS JEN O MOTION CARRIES 5 TO 2. NEXT STEP IS ITEM NUMBER. 19 1ST

[19. (First Reading) Consider approval of an Ordinance amending the Landscape Code of Chapter 54 of the City of Kyle Code of Ordinances.]

READING. CONSIDER APPROVAL OF AN ORDINANCE MEETING LANDSCAPE CODE OF CHAPTER 54 CITY CODE OF ORDINANCES. THIS AD ALSO HAS A PUBLIC HEARING. MR OK? YOU KNOW WHAT WE SHOULD BE KNOWN FOR THE DENTAL OFFICES OF TEXAS IS THE CITY THAT HAS THE MOST DENTAL OFFICES. SUPPLY AND DEMAND. WE HAVE THE MOST KIDS TOO. SO I TAKE MY KIDS TO THE DENTIST. IT'S EXPENSIVE, AND I'M HAPPY TO HAPPY TO HAVE MORE AFTER BUSINESS. THAT'S RIGHT. SO IT IS EXPENSIVE TO TAKE THE KIDS TO THE VERY EXPENSIVE THAT'S ALL RIGHT, MR E IF YOU WANT TO PRESENT EXCELLENT. UH, WELL, I CAN SEND DIRECTOR OF PLANNING FOR THE RECORD. UH, FOR YOU. WE HAVE, UH, COUNCIL DIRECTED

[01:55:02]

LANDSCAPE CODE. UM, BACK IN. SCREEN HERE. UH, WE HAD A PREVIOUS AMENDMENT THAT WAS APPROVED ON JULY 18TH OF 2023. AND IT REALLY BUTTONED UP A LOT OF OUR, UH, GAPS IN OUR LANDSCAPE CODE TO BETTER FACILITATE ZERO ESCAPING AND DROUGHT RESISTANT REQUIREMENTS FOR THE CITY AND ENCOURAGING FURTHER USES IN THAT MANNER. IT PRIMARILY FOCUSED ON EDITS TO THE ZERO SCAPING, ALLOWING AN INCREASED PERCENTAGE OF SYNTHETIC TURF LANGUAGE. DROUGHT RESTRICTIONS ALSO FANS THE SCREENING REQUIREMENTS, THEN ON SEPTEMBER 5TH OF LAST YEAR. UH, Y'ALL ASKED FOR FURTHER AMEND TO TIGHTEN IT UP FOR DROUGHT IN ROOTS HERE, ESCAPING REQUIREMENTS AND HOW THE PLANNING AND ZONING COMMISSION TO RESEARCH PROGRAMS TO INCENTIVIZE RAINWATER HARVESTING SYSTEMS. SO THIS IS PART ONE PHASE ONE OF TWO. WE HAVE THE CODE AMENDMENT IN FRONT OF YOU TONIGHT. UH, WE ARE STILL DOING RESEARCH ON THE ACTUAL INCENTIVE PROGRAMS TO MAKE THE REST OF THIS HAPPEN, AND WE'LL BRING THAT FORWARD TO YOU ALL SOMETIME IN THE NEXT COUPLE OF MONTHS AND WITH COORDINATING WITH THE PLANNING AND SONY COMMISSION. SO THE LANDSCAPE CODE AMENDMENTS THAT WE ARE PROPOSING. WE ARE ADDING A REFERENCE TO THE AUSTIN GROVE GREEN GUIDE FOR REQUIRED PLANTINGS, WHICH IS NATIVE DROUGHT RESISTANT PLANTINGS. UM, WE'RE ADDING A SPECIFIC REFERENCE TO NOT ALLOW SAINT AUGUSTINE GRASS THAT'S NOT NATIVE AND IT IS A WATER HOG. WE DO NOT WANT THAT. THERE'S OTHER GOOD, UM, SOG REQUIREMENTS THAT JUST AS WELL AND THEY'RE VERY D RESISTANT. UH REQUIRING ZERO ESCAPING AND ALL ZONING DISTRICTS REQUIRING A GREATER MIX OF SPECIES. UPDATING PRUNING ALLOWANCES. TOO FAR. THERE WE GO, UM UPDATING OUR TREE TRUNK DIAMETER FOR TREE PROTECTION ORDINANCES TO MAKE IT MORE SPECIFIC TO THE SPECIFIC SPECIES OF TREE. ADDING A SPECIMEN TREE PROTECTION FOR JUNIPER ASHES. UM AND THAT'S FOR 25 INCHES AND ABOVE ON THE STREETS TO PROTECT THE GOLD WARBLER, WHICH IS AN ENDANGERED SPECIES AND THE INCLUSION OF OAK WILT REQUIREMENTS. WHAT ARE THE TREE TRUNK REQUIREMENTS? WHAT'S YOUR CALIBER? CURRENTLY IT IS IT GOES INTO THREE TIERS. WE HAVE ANYTHING LESS THAN 12 INCHES. IT'S NOT CONSIDERED A PROTECTED TREE 12 TO 25. IT IS PROTECTED, BUT YOU HAVE TO GET THE PLANNING DEPARTMENT'S PERMISSION TO REMOVE AND LARGELY HAVE TO REPLACE THAT AT A 1.5 TO 1 RATIO FOR INCH REMOVED AND THEN 25 PLUS 1.5 TREES OR 1.5 INCHES INCHES OF DIAMETER OF TREES. CORRECT REMOVED. SPECIMEN TREES ARE 25 AND ABOVE AND IT'S A 2 TO 1 RATIO REPLACEMENT COST, BUT WHAT WE DID WITH THIS PROPOSED CODE AMENDMENT. WE FOUND A REALLY GOOD EXAMPLE IN THE ALAMO HEIGHTS, UM, LANDSCAPE CODE TO WHERE WE MADE IT MORE NUANCED BECAUSE NOT ALL SPECIES AND TREES ARE THE SAME. SO WE WANTED TO MAKE SURE IT WAS BETTER ACCOUNTING FOR THAT. OK UM WHAT IS THE MINIMUM? UH, CALIBER OF TREE THAT'S REQUIRED FOR NEW INSTALLATION. TWO INCHES, AND THAT'S PRETTY. THAT'S STATED FOR MOST NURSERIES. THAT'S A LOT BETTER. IT USED TO BE FOUR AS THE AND THE IDEA WAS. WE'RE VALUING THE SIZE OF A TREE AT INSTALLATION, AND THAT'S NO ARBORIST WILL AGREE THAT THAT'S THE RIGHT WAY TO HANDLE IT. THE LARGER THE CALIPER THAT YOU INSTALL THE WORSE THE TREE PERFORMS OVER TIME CORRECT AND THE THAT'S WHY THE ARBOR DAY FOUNDATION GIVES YOU SAPLINGS CAUSE THEY HAVE A BETTER, MUCH GREATER CHANCE CHANCE OF ESTABLISHING IN LASTING OVER TIME WITH DROUGHT CONDITIONS AND IF THERE'S A SITUATION WHERE A DEVELOPER HAS OR, YOU KNOW, THERE'S A PROJECT WHERE, UH, ONE OF THOSE TREES HAS TO COME IN, UH, COME OUT BECAUSE THERE'S NO WAY TO DEVELOP THE SITE AND THEY'RE GOING AND IT BE. MAYBE IT'S A LARGE ONE OR SOMETHING LIKE THAT. AND THERE'S NO WAY TO PUT THAT MUCH SMALL TREES IN. IS THERE A VARIANCE PROCESS WHERE THEY CAN DEMONSTRATE A HARDSHIP ON THAT PROJECT? UM THAT'S EXISTING RIGHT NOW, WITH THE PLANNING AND ZONING COMMISSION, SO GENERALLY WE TRY TO IF THEY DO SAY THEY HAVE A 40 INCH LIVE OAK THAT THEY NEED TO REPLACE FOR WHATEVER REASON, AND, UM WE HAVE TO TAKE IT TO THE PLANNING AND ZONING COMMISSION TO GET THAT REPLACED AND THEY HAVE TO GIVE THEIR APPROVAL AND SO THEY HAVE TO REPLACE IT IN A 2 TO 1 RATIO, SO THAT'S 80 INCHES AT TWO INCHES. THAT'S 4040 TREES GENERALLY KIND OF WHY I'M LINGERING ON IT BECAUSE THERE'S GONNA BE SCENARIOS WHERE THAT JUST IS AN ABSURD RATIO. YES BUT WE HAVE OPTIONS WITH THAT. SO GENERALLY, THE WAY THE CODE READS IS CURRENTLY YOU CAN PUT YOU REPLACE AS MANY AS YOU CAN ON SITE, IN ADDITION TO THE ALREADY REQUIRED LANDSCAPE CODE, THE DIFFERENCE YOU CAN EITHER PAY A FEE IN LIEU OF WHICH IS $300 A CALIPER INCH. OR YOU CAN GIVE THOSE TREES TO THE PARKS DEPARTMENT TO PLANT IN CITY FACILITIES. BUT EITHER WAY THE PARKS DEPARTMENT GETS THAT MONEY. I MEAN, YOU GO OR YOU? YEAH. SORRY UM, A COUPLE OF THE

[02:00:04]

FEW PICTURE EXAMPLES OF, UM WHAT THE PROPOSED LANDSCAPING CODE WILL REQUIRE, IF YOU WILL, UH, THE TWO IMAGES ON THE LEFT ARE EXAMPLES OF HILL COUNTRY LANDSCAPES. THESE ARE LARGER LOTS THAT YOU SEE FOR SINGLE FAMILY RESIDENTIAL. THE TWO ON THE RIGHT ARE MORE PREDOMINANT IN, UM PROBABLY THE, UH THE BLACK LION PRAIRIE SIDE OF THINGS. AND THEN, UH, SOME EXAMPLES OF SOME STANDARD SINGLE FAMILY HOUSING THAT WE HAVE IN THE AREA. FOR EXAMPLE, PEOPLE CAN REPLACE THEIR LAWNS WITH AND THEN THE IMAGE ON THE RIGHT IS A COSTCO SO THE PLANNING AND ZONING COMMISSION WHEN THEY SAW THIS LAST WEEK AS THE DRAFT ORDINANCE, UH, THEY ONLY HAD ONE RECOMMENDATION TO CHANGE. IT WAS TO INCLUDE THE AREAS UNDERLINED IN BLUE IN, UM IN SECTION 54 12 G SIX. THEY JUST WANTED TO TIGHTEN IT UP FOR THE ON SITE LANDSCAPE PERSON FOR COMMERCIAL PROPERTIES, WHICH TO US, THAT WAS FINE. IT'S A IT'S A NON SUBSTANTIVE CHANGE IN PEOPLE AT THE CONTRACTORS HAVE TO BE THERE ANYWAY, SO WE RECOMMEND APPROVING THE CODE CHANGES AS PRESENTED, UH, WITH THE PLANNING AND ZONING COMMISSION'S RECOMMENDATION AS WELL. ANY QUESTIONS? ANY QUESTIONS FOR MR I DO HAVE A QUESTION. I KNOW WE WERE TALKING AND YOU MENTIONED THAT A MINUTE AGO ABOUT THE REQUIRING A PERCENTAGE OF THE LANDSCAPE TO BE LIKE. WATER CONSERVATION FRIENDLY AND THAT'S THE THING THAT WE HAVEN'T DETERMINED IF IT'S LEGAL, CORRECT. OR ARE WE ALLOWED TO REQUIRE AND REQUIRING ALL OF IT TO BE ZERO ESCAPED. SO WITH THIS FOR MOSE AMENDMENT NOW, THAT DOES NOT MEAN THAT IT'S GOING TO BE ALL RIVER ROCK AND AGAVE PLANTS. RIGHT SO WE HAVE A WITHIN THIS CODE AMENDMENT. WE HAVE A WE HAVE A MAXIMUM OF 20.

I WANNA SAY 25% OF THE ZEROS. SCAPING CAN BE RIVER ROCK SO YOU CAN. THERE'S STILL GONNA BE OPPORTUNITY TO HAVE PLENTY OF SALT ON THE GROUND, BUT IT HAS TO BE DROUGHT RESISTANT LIKE BUFFALO GRASS OR O, OYO OR OTHER SIMILAR CENTRAL TEXAS ITEMS AND THEN YOU STILL HAVE TO HAVE YOUR TREES. SHRUBS AS WELL. ALL RIGHT . THANK YOU SO MUCH. I'M HAPPY TO SEE THIS BACK TO US. UM. UM I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 19. THANK YOU. MOTION BY CUSTOMER PARSLEY SECONDED BY MAYOR PRO TEM THAT WE PROVED IN OUT IN 19. IS THERE A DISCUSSION ON THE MOTION? HAVE WE HAD THE PUBLIC HEARING? TO HAVE IT. THEY OPEN IT AND CLOSE IT. WE'RE WE'RE GOING BACK TO BACK TO BACK SO I ALWAYS LOSE. WHICH ONES? I DID. I DON'T I DON'T BELIEVE WE DID IT. ALL RIGHT. WELL UH, IF THERE ARE NO OBJECTIONS TO THE SECOND AND THE MOTION WE'RE GONNA WITHDRAW THAT MOTION. ALL RIGHT. MOTION IS WITHDRAWN. I'M GOING TO OPEN THE PUBLIC HEARING NOW. UH UH. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THE SA SEEING NONE. PUBLIC HEARING IS NOW CLOSED COUNCIL PARCEL CAN I CAN I GET A QUICK QUESTION AND UH, WELL, YOU MENTIONED EARLIER THAT YOU WERE GONNA COME BACK IN A COUPLE OF MONTHS WITH THE REBATE PROGRAM. CAN WE GET LIKE A MORE FIRM TIMELINE ON WHEN THAT IS BECAUSE UM, WITH THIS SUMMER UPCOMING AND KNOWING THAT THIS IS WE PASS THIS A LONG TIME AGO. UM THE REBATE PROGRAM AND AS IT RELATES TO WATER, UH, COULD WE JUST GET A TIMELINE ON THAT? I DON'T WANT TO LIE TO YOU . I DO NOT HAVE A SPECIFIC TIME FRAME IN MIND. SO I DO WANNA I DON'T WANT TO RE INVENT THE WHEEL. I WILL SAY THAT. SO WHAT I AM DOING RESEARCH ARE ARE LOCAL PROGRAMS LIKE AUSTIN OR SAN ANTONIO? UH, ONES THAT SEEM TO BE, UH, PRETTY WELL ROUNDED AND WHAT HAVE YOU AND IF WE CAN TAKE THOSE PROGRAMS AND INCORPORATE THEM INTO OUR OWN, THAT WOULD BE THE EASIEST PROCESS. SO LIKE SIX WEEKS, TWO MONTHS. LIKE, GIVE ME GIVE ME A SO I DON'T BOTHER YOU ABOUT THIS AGAIN. YOU CAN TELL THAT MOMENT.

IT'S NOT GONNA BOTHER ME. COUNCIL MEMBER HEER, WE PUT A AN UPDATE IN THE WEEKLY REPORT A COUPLE WEEKS OR IT WAS NOT LONG AFTER YOU HAD ASKED FOR AN UPDATE ON THE REBATE PROGRAM. WE ARE MAKING SOME REBATES. UM NOT MANY, BUT IT'S MAKING A DIFFERENCE. YES, I'D BE HAPPY TO SEND THAT OUT AGAIN. THANK YOU. RIGHT ANY FURTHER DISCUSSION. ALL FAVOR. SAY I ALL OPPOSED.

ALL RIGHT. MOTION CARRIES 7 TO 0 . IS THERE ANY OBJECTION TO BEING FINALLY PASSED? ANY REASON WE NEED TO COME BACK COMING BACK? ALRIGHT. SING NUN, ADAMS. FINALLY I DON'T THINK WE MADE A MOTION TO REDO THE MOTION. YES PUBLIC HEARINGS. GET ME WE HAVEN'T HAD PUBLIC HEARINGS IN FOREVER AND NOW IT'S BACK TO BACK. YEAH, I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM 19, INCLUDING THE AMENDMENTS DONE BY PLANNING AND SONY, THE ONES THAT ARE IN BLUE SO OK MOTION TO APPROVE BY COUNCILOR PARSLEY SECONDED BY MAYOR PRO TIM THAT WE PROVED G NUMBER 19 WITH PNZ AMENDMENTS. IS THERE ANY DISCUSSION ON THAT MOTION? I SAY II, I POST ALL RIGHT MOTION

[02:05:05]

CARRY 7 TO 0 THIS TIME ANY OBJECTION TO DECIDE BEING FINALLY PASSED, SEEING NONE

[20. Consider approval of a resolution approving the policy and application for the Downtown Revitalization Grant Program.]

ITEMS FINALLY PASSED. OUR NEXT STEP IS JENNA ITEM. NUMBER 20 CONSIDER APPROVAL OF A RESOLUTION APPROVING THE POLICY AND APPLICATION FOR DOWNTOWN VALIDATION GRANT PROGRAM, MS VARGAS MARCUS. ELEMENT. TO GRANT. THAT WAS FUNDED IN THE IN THIS YEAR'S BUDGET IN THE AMOUNT OF $75,000, BUT I'VE PUT TOGETHER THE ACTUAL POLICY AND APPLICATION FOR APPLICANTS TO APPLY. AND, UM THE REASON FOR THE DOWNTOWN REVITALIZATION. GRANT IS INTENDED TO FOSTER ECONOMIC DEVELOPMENT AND ENHANCE THE CHARM OF OUR HISTORIC DOWNTOWN AREA. AS I MENTIONED BEFORE, UM $75,000 WAS FUNDED IN THE BUDGET, AND OUR ECONOMIC DEVELOPMENT AND TOURISM BOARD HAS REVIEWED IT AND MADE RECOMMENDATIONS AND ALSO ARE PLANNING DEPARTMENT REVIEWED IT AS WELL, JUST TO BE THOROUGH AND MAKE SURE WE COVERED ALL ALL THE ASPECTS WE'RE USING. WE FUNDED 75,000. IN THIS YEAR'S BUDGET. WAS THIS THE FIRST TIME WE'VE ADDED MONEY BACK INTO IT, OR HAS IT BEEN FOR MANY YEARS? YES THIS WAS THE VERY FIRST TIME I DON'T I DON'T REMEMBER ANY DISCUSSION ABOUT THAT. SO I'M GO AHEAD. UM WE TOOK THE, UH, MAP THAT WAS IN THE DOWNTOWN MASTER PLAN. UH, AS A GUIDELINE, AND WE FEEL THAT THIS WAS AN APPROPRIATE UM, SQUARE FOOTAGE OF DOWNTOWN THAT COVERS, UH, SEVERAL BLOCKS THAT WOULD MAKE THE MOST IMPACT TO DOWNTOWN. I WOULD SAY, HANG ON.

IF WE GO BACK JUST TO GIVE THE FEEDBACK ON THAT MAP. I DON'T SEE WHY WE WOULDN'T WANT TO EXTEND IT ACROSS EAST ACROSS THE RAILROAD TRACKS OVER THE FOUR WAY AUTO AND SOME OF THOSE BUSINESSES BECAUSE THERE'S BUSINESSES THERE THAT ARE PART OF OUR GATEWAY THAT THEY APPLIED . I'D BE VERY INCLINED TO WANT TO HELP THEM SO I WOULD IF IT IF IT WAS ME, I WOULD ADD A MINIMUM. GO TO OLD HIGHWAY 81. UM AND YOU KNOW, MAYBE EVEN DOWN NORTH AND SOUTH ON OLD HIGHWAY 81 SOUTH IN PARTICULAR TOWARDS THE PISCES BECAUSE PISCES IS STILL DOWNTOWN IN A WAY THAT CAN BE EXTENDED TO THE BOUNDARIES OF THE TURF. EXACTLY. YEAH. THAT'S PRETTY SIMPLE, BUT THE MAJORITY OF THE LIKE PROJECT TWO STEP. IT'S A BRAND NEW DEAL. THAT'S THEY'RE NOT. IT'S THE OLDER BUSINESSES THAT WOULD APPLY. BUT DOES ANYBODY HAVE ANY OBJECTION TO JUST CHANGING THE DOWNTOWN MAP TO BE THE DOWNTOWN TOURIST MAP THAT WE JUST APPROVED? NO ALL RIGHT. DO YOU NEED A MOTION ON THAT AND THEN YOU CAN KEEP GOING, BUT I'LL JUST JUST TO DO IT WHILE WE GOT IT. I THINK AT THE AT THE END, I'LL JUST ASK IF YOU WANNA APPROVE IT AS PRESENTED OR APPROVE IT. WITH AN AMENDMENT SO AND REALLY, UM, THE REST OF THE SLIDES ARE JUST, UM OUTLINING THE PARDON ME? UM THE POLICY. YOU KNOW THERE'S GOALS. UH, THE CAPITAL IMPROVEMENT OVERVIEW. THE MAP, THE MATCHING FUNDS, THE CRITERIA, EVERYTHING THAT'S ELIGIBLE AND EXPENSES, SO IT'S EVERYTHING THAT'S PERMANENT . THAT'S NOT TRANSFERABLE, UM, THAT INCLUDES LIGHTING FACADE UPGRADES, PAINT ANYTHING THAT YOU CAN SEE FROM THE, UH, STREET FRONTAGE THAT WOULD ENHANCE THE BUILDINGS. UM SO YOU DO HAVE THE OPTIONS TO APPROVE THE APPLICATION AND POLICY OR RECOMMEND CHANGES. DID WE INCLUDED? THE LIKE? YOU KNOW THE ISSUE WE WERE HAVING WITH ANOTHER APPLICANT. IF THEY ARE NOT OPEN FOR PUBLIC. HOW CAN WE HANDLE SOMEBODY THAT WANTS TO APPLY FOR THE GRANT? THEY ARE NOT. I THINK THAT WE LEFT IT IN THE APPLICATION BECAUSE WE STILL FEEL THAT IT ENHANCES THE DOWNTOWN AND IT HELPS THE NEIGHBORS. YOUR NEIGHBORING, UM, BUSINESSES, AND IT MIGHT ENCOURAGE SOME TO ACTUALLY OPEN FOR BUSINESS IF THEY CAN MAKE THOSE ENHANCEMENTS, AND IT REALLY IS ON A CASE BY CASE BASIS, THE ECONOMIC DEVELOPMENT BOARD WILL REVIEW IT AND THEN COUNCIL STILL HAS THE FINAL APPROVAL, SO I'LL STILL BRING BACK APPLICANTS TO YOU. SO IF YOU YOU CAN CHOOSE TO DENY ON A CASE BY CASE BASIS APP PROOF THE BOARD WILL VOTE THE BOARD WILL AS WELL OK, SO LIKE A LIKE A RECOMMENDATION, THE ECONOMIC DEVELOPMENT BOARD VOTED OK, THAT'S GOOD. THAT'S THE WAY THEY USED TO DO IT AND IT WAS HELPFUL BECAUSE THESE APPLICATIONS IT'S GOOD TO APPLY AND REALLY LOOK THROUGH THEM. SOMETIMES THE APPLICANTS WILL SHOW UP TO THE ECONOMIC DEVELOPMENT BOARD MEETINGS AND DISCUSS THEIR CASE. YES YES, THEY WILL, AND IT'S FOR IMPROVEMENTS THAT HAVE NOT BEEN DONE YET. SO UM, IT'S ENCOURAGING THEM TO DO IT AND WE WILL BE PROMOTING THIS HEAVILY ONCE IT'S APPROVED AND WE HAVE COUPLE OF APPLICANTS THAT HAVE ALREADY EXPRESSED EXPRESSED INTEREST, AND ONCE WE EXPAND THE BOUNDARIES, I THINK WE'LL HAVE EVEN MORE. ALL RIGHT. DOES ANYBODY HAVE ANY MORE QUESTIONS? I I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 20 AMEND THE BOUNDARY MAP TO BE, UM S SYNCED WITH THE TUR DOWNTOWN

[02:10:09]

TUR MAP. ALL RIGHT. MOTION BY MAYOR SECONDED BY COUNCILOR PARSLEY THROUGH A DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR SAY, II I OPPOSED ALL RIGHT. MOTION CARRIES 7 TO 0. ALRIGHT.

[21. Consider approval of Task Order No. 6 to Lockwood, Andrews & Newman, Inc. for PS&E design of the Windy Hill Road project of the 2022 Road Bond Program in an amount of $830,345.20.]

NEXT UP IS, UH, J ITEM NUMBER 21 CONSIDER APPROVAL OF TASK ORDER NUMBER SIX TO LOCKWOOD, ANDREWS AND NEWMAN. UH, FOR, UH, PRELIMINARY SERVICES AND ENGINEERING DESIGN ON THE WINDY HILL ROAD PROJECT OF THE 2022 ROAD BOND PROGRAM, THE AMOUNT OF $830,345.20 MR CANO GOOD EVENING , MAYOR COUNCIL. I'M JOE CANTALUPO. I WORK FOR KREE AND ASSOCIATES. AND I AM UM, THE K, A ROAD BAND PROGRAM MANAGER. UH AS THE MAYOR SAID, UH, WE'RE HERE TONIGHT TO SEEK APPROVAL OF , UH TA ORDER NUMBER FOUR FOR LAN FOR PNE PLAN SPECIFICATION AND ESTIMATES, WHICH IS THE BEGINNING OF FINAL DESIGN FOR THE WINDY HILL ROAD BOND PROJECT. AND THE AMOUNT IS 830,000. $345.20 HM? AS A REMINDER. THIS WAS A PART OF THE NOVEMBER UH, 2022 BOND PROGRAM, AND THIS PROJECT IS CAPACITY ON WINDY HILL ROAD FROM I 35 TO PURPLE MARTIN AVENUE AND ONE OF THE, UH, ASIDE FROM TAKING OUT THAT CURVE ON WINDY HILL ROAD, ONE OF THE DISTINGUISHING FEATURES IS THAT IT INCLUDES A ROUNDABOUT AT WINDY HILL AND CHERRY WOOD. UH, THE ALIGNMENT AND DESIGN FEATURES WERE APPROVED BY COUNSEL THIS PAST JANUARY. UH THE FINAL SCHEMATIC WAS ALSO COMPLETED THIS PAST JANUARY. AND THE, UH THIS PROGRESSES. THIS ACTION WOULD PROGRESS IF APPROVED, UM THE DESIGN, UM WOULD PROGRESS TO FINAL DESIGN. UM WE'RE NOTING THAT IT'S ANTICIPATED TO BID IN FEBRUARY OF 2026 WITH AUGUST, UH, 2027 DELIVERY. I WILL TELL YOU THAT SINCE WE'VE SUBMITTED, UH, THE SLIDES FOR THIS WE'VE BEEN ABLE TO BACK ABOUT, UM, SIX MONTHS OF THAT THAT SCHEDULE. UM, AND AGAIN WHEN WE COME BACK, UH, IN APRIL, WE'RE, UH, INTENDING ON TAKING COUNSEL THROUGH ALL THE PROJECT SCHEDULES IN THE ENTIRE BUDGET.

SO AGAIN, THIS TEST ORDER IS FOR THE DEVELOPMENT AND COMPLETION OF PLANNED SPECIFICATIONS AND ESTIMATES FOR THE WINDY HILL ROAD PROJECT. AND, UM FEE AGAIN IS $830,345.20 AND WHAT WE'RE ASKING WHAT WE'RE RECOMMENDING IS APPROVING THAT TASK ORDER NUMBER FOUR FOR LOCKWOOD, ANDREWS AND NEWMAN. ALL RIGHT. THANK YOU, MR CANTALUPO. I'M CHECKING FOR PUBLIC HEARING. I SEE NONE. I THINK WE'RE DONE WITH THAT. ANYBODY HAVE ANY QUESTIONS OR COMMENTS? CAS FOR TOBIAS. ALL RIGHT. THANK YOU, UM FOR A COUPLE OF MONTHS NOW, I GUESS SINCE WE WITH THE HILL RECONSTRUCTED. I KNOW THAT THERE'S PEOPLE FROM THE AMBER WOOD AREA AND INDIAN PAINTBRUSH HAVE BEEN HAVING ISSUES OVER THERE BY WINDY HILL. SO IF YOU COULD SHOW US THE MAP AGAIN, ARE WE LOOKING AT AGAIN? TWO LANES GOING EAST AND WEST AND THEN YOU'RE SAYING ROUNDABOUT AT THAT AREA. AND THEN THAT OTHER ROAD THAT LEADS TO THE BACK IN THAT'S STILL GONNA STAY THE SAME OR THAT IT BE RECONSTRUCTED AS WELL. OR IS IT JUST THE NEW ROAD? I'M SORRY. LIKE YOU LOOK AT WINDY HILL ROAD, RIGHT? AND THEN AND THEN YOU HAVE THAT ONE THAT'S ON THE BOTTOM THERE. I'M JUST WONDERING THE BLUE LINE IS GOING TO BE AGAIN. I CAN'T REMEMBER IF IT'S GONNA BE FOUR LANES. TWO LANES GOING EAT BOTH SOUTH AND THEN THE ROUNDABOUT PROPOSAL IS GOING TO BE WHICH IS CHERRY WOOD, WHICH IS IF YOU'RE LOOKING FROM THE FRONTAGE ROAD. IS IT'S THE FIRST WORD YOU COME TO. IT'S UNDER WHERE THE BLOCK SAYS PROJECT LIMIT. UH IT WOULD BE UNDER THE M. AND I THINK THAT'S WHERE WE IT ENDS IS WHERE WE GET A LOT OF THE BOTTLENECK AND ALSO THE UM, THE PROBLEMS WITH THE TRAFFIC BACKED UP BECAUSE THAT ALSO GOES TO PEOPLE. RESIDENCE TO GO TO SHADOW GLEN. SO HOW FAR I KNOW WE'RE TALKING ABOUT THIS. BUT AGAIN HOW FAR FROM THE HIGHWAY IS THE CONSTRUCTION GOING ALL THE WAY DOWN TO WINDY HILL. IT GOES JUST ABOUT THE PURPLE MARTIN, WHICH IS AT THE END OF THE BLUE LINE, AND THAT'S THE ROAD THAT GOES NORTH FROM THERE, SO THAT'S THAT'S THOSE MORE OR LESS. THAT'S THE PROJECT LIMIT. AND THEN THE REST IS COUNTY.

AND, UM, I DON'T EXACTLY KNOW IF IT'S WHERE THE COUNTY PICKS UP. BUT THAT'S WHERE THE PROJECT UM WELL, IF YOU'RE COMING WEST AT THE BEGINNING OF THE BLUE LINE. THAT'S WHERE THE CAPACITY INCREASE COMES. AND ALSO A LITTLE BIT FROM REMOVING THE CURVE, EVEN THOUGH OK, YOU KNOW

[02:15:03]

THAT THAT MAKES THE CAPACITY TO WORK BETTER, AND IT MAKES THE ROAD SAFER AND MORE EFFICIENT.

IN ADDITION TO THE ADDED LANES. BUT THE PROJECT IS NOT GOING PAST PURPLE MORTON. WHICH IS WHERE THE BLUE LINE ENDS. MHM. ON THE RIGHT OF THE SCREEN. THAT'S WHERE ALL THE BACKUP STARTS, ACTUALLY. THAT'S WHERE ALL THE BACKUP STARTS. THAT'S I, I I'VE BEEN ON IT AND YEAH. I. I LOVE TO DO IT AGAIN UNTIL I KNOW A LOT OF PEOPLE COMPLAIN ABOUT TURNING LEFT ON CHERRY WOOD.

BOTH DIRECTIONS. UH BECAUSE WE RESUMING GO. HEY, JOE. AND MAYBE BRIAN. UM I JUST HAD A QUICK QUESTION. WHAT IS GONNA HAPPEN TO THE OUTDATED, WINDY HILL ROAD PARK. DID WE EVER KIND OF COME UP WITH WHAT WE'RE GONNA DO WITH THAT? THE OLD PIECE? TO SO GET HOUSES THERE. YES THAT IS, UM IT'S BEING, UH, DISCUSSED WITH THE PROPERTY OWNER PART OF AN EXCHANGE OR OR SWAP RIGHT SO THAT THE PROPERTY I GUESS ON THE SOUTH SIDE WHERE IT SAYS WINDY HILL THAT THAT IS UNDER THE SAME OWNERSHIP. AS WITH THE NEW ROAD IS GONNA GO. AND SO NOW THAT WE'RE ENTERING THE PS NEW PHASE, UH, WE'LL BE ABLE TO GET SURVEY DONE. AND WE'LL BE ABLE TO HAVE ANOTHER DETAILED CONVERSATION WITH THE PROPERTY OWNER TO DISCUSS THE POSSIBILITY OF HOW THOSE TWO PIECES. GET THAT SWAP.

THERE'S A LOT OF VALUE. AND WE DON'T KNOW THE AMOUNT AND WHERE THE ROADS GOING OVER OVER THAT PROPERTY OWNER'S PROPERTY UM, BUT THE PROPERTY OWNER WILL ALSO GAIN SOME VALUE. FROM US. FROM THE CITY, RATHER GIVING UP EXISTING WINDY HILL ROAD. AND SO THAT IS, YOU KNOW, THE INTENT IS TO WORK THAT OUT WITH THE PROPERTY AND WE'VE TALKED TO THEM. UM THEY LIKE THE IDEA OF THE PROJECT. THEY WANNA BE SUPPORTIVE OF IT, AND THEY UNDERSTAND THAT THERE IS GONNA BE SOME SORT OF SWAP, YOU KNOW, VALUE FOR VALUE. WE JUST DON'T KNOW WHAT THOSE NUMBERS ARE YET.

AND IT'S AGAIN. UH WE'RE DOING THE HOMEWORK. WE'RE GATHERING THE NUMBERS IN THE SURVEY. UM AND THEN WHEN WE WORK IT ALL OUT. THAT'S REALLY, UH, YOU KNOW , I IMAGINE IT WOULD BE BROUGHT TO COUNCIL FOR YOUR APPROVAL. OK UM, I HAVE TO WAIT AND SEE. UH LIKE I SAID, I THINK I DON'T KNOW WHAT'S REALLY GOING ON WITH THE SWAP OR THAT OLD PIECE OF THE ROAD, BUT, WELL, THE INTENT IS THAT THE OLD PIECE OF ROAD WILL BE COME UNDER THE OWNERSHIP OF THE PROPERTY OWNER, RIGHT? THAT'S THAT IS GIVING UP. THE LAND FOR THE NEW ROAD. SO THE EXACT ARRANGEMENTS FOR THAT SWAP HAVE YET TO BEEN WORKED OUT. WE BASICALLY WE WOULD BE DEDICATING THAT BACK TO THEM, UH, FOR THE ROADWAY THAT THAT WOULD BECOME THE PROPERTY OWNERS, AS AS JOE SAID, AND THEN WE WOULD BE LOOKING AT PURCHASING THE NEW PIECE, UH, GOING THROUGH, AND THAT'S THE SWAP OF WHAT'S THE VALUE FOR THE EXISTING ROAD VERSUS THE COST TO PURCHASE THE RIGHT AWAY FOR THE NEW ONE.

THOSE ARE THE NUMBERS. WE'RE TRYING TO GET TOGETHER AND THEN WORK THROUGH THAT THAT PARTICULAR TRANSACTION. MAYBE YOU CAN CONVERT INTO A TOLL ROAD THROUGH THERE. I DON'T KNOW. I MEAN, IT JUST SOUNDS KIND OF TO BUT III. I UNDERSTAND THERE'S SOME VALUE IN IT. KEEP IT.

DIVIDE BUILD ON IT SOMETHING I'D LIKE TO COMMENT THAT THE REALLY GOOD NEWS HERE IS THAT ALL THE VAST MAJORITY OF THE PROPERTY NEEDED FOR THE RELOCATION OF WINDY HILL ROAD IS UNDER THE OWNERSHIP OF ONE PROPERTY OWNER, WHICH MAKES THIS A WHOLE LOT EASIER TO GO THROUGH AND THE OTHER BIT OF GOOD NEWS, WHICH IS BETTER NEWS IS THAT THE PROPERTY OWNER DOES SEE THE VALUE FOR THEM HONESTLY AND FOR THE CITY AND GETTING THIS DONE, SO, UM IT IT IT SHOULD BE A RELATIVELY PRODUCTIVE CONVERSATION AND ISSUE TO RESOLVE ANY ANY TIME WE CAN TRADE RIGHT WAYS LIKE THIS.

IT'S A MAJOR SAVINGS. YES, SIR. ABSOLUTELY. MAYOR. THANK YOU, JOE, COME IN UNDER BUDGET. OR HAVE EXTRA MONIES TO ENHANCE LIGHTING OR SIDEWALKS, OR THOSE KIND OF THINGS ARE ARE AT, YOU KNOW, TWO OR THREE MORE ROUNDABOUTS FOR DIANE. ALL AGING. TRUST ME. I HEAR ABOUT IT , TRAVIS. I CAN'T HELP IT. ALL RIGHT. ANY FURTHER DISCUSSION? ANY MONEY THAT WE CAN SAVE JOE? I'D LOVE TO SEE THAT AT THE END OF THIS BIG OLD PROJECT. I MOTION TO PROVE AGENDA ITEM 21.

MOTION BY MAYOR SECONDED BY COUNCILOR PARSLEY THAT WE APPROVE THE ENGINEERING FOR WENDY HILLS. THEY'RE THE, UH, DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR SAY, I I'LL POST THANK YOU. THANK YOU. JOE MOTION CARRIES 7 TO 0. ALL RIGHT, WE'RE GOING TO SWITCH THESE LAST TWO.

[24. Consider approval of an amendment to Task Order No. 2 with HDR Engineering, Inc. in the amount of $596,972 for plans, specifications, and estimates, bidding, and contract administration for the re-aligned FM 1626 Transmission Main, a new Well 4 Chlorine Building, and supervisory control and data acquisition control system upgrades.]

I'M GONNA GO TO 24 1ST CONSIDER APPROVAL OF AN AMENDMENT TASK. ORDER NUMBER TWO WITH HDR ENGINEERING, UH, IN THE AMOUNT OF 596,972 FOR PLANS. SPECIFICATIONS ESTIMATES BIDDING

[02:20:05]

CONTRACT ADMINISTRATION FOR THE REALIGNMENT. UH, FM. 26 TRANSITION MADE A NEW WELL FOR CHLORINE BUILDING, SUPERVISORY CONTROL AND DATA ACQUISITION CONTROL SYSTEM UPGRADES, MR BARBER, SO JUST TO BE CLEAR, WE'RE ON 24, AND THEN WE'LL GO BACK TO 23 GOOD EVENING, MAYOR AND COUNCIL LEON BARBA CITY ENGINEER. GOOD EVENING. COME ON. IT'S NOT MOVING. HERE HE GOES.

THANK YOU. THIS PROJECT WILL EXPAND THE UH F M-16 26 PUMP STATION TO PROVIDE FOR INCREASED DRINKING WATER SUPPLY CAPACITY FROM THE, UH, THE LION REGIONAL WATER AUTHORITY, ALSO KNOWN AS ZAR LINE TO THE CITY. THANK YOU. I'LL PROBABLY ELABORATE, ELABORATE A LITTLE BIT ON SOME OF THESE ITEMS THAT I'VE LISTED HERE, BUT JUST TO GIVE YOU A BIT MORE BACKGROUND, PROBABLY SOME OF THE THINGS THAT YOU MAY NOT WANT TO KNOW, BUT I'M GONNA TELL YOU ANYWAY, UM ON DECEMBER 5TH OF 2017. WE ISSUED THE FIRST TASK ORDER TO HDR ENGINEERING TO START LOOKING AT THE DESIGN OF ADDING SOME STORAGE TO OUR FACILITY THERE AT 1626. AND ONCE THEY COMPLETED THEIR PRELIMINARY ENGINEERING STUDY AT THAT POINT, THEN WE TOOK HIM TO THE NEXT PHASE, WHICH WAS TO ACTUALLY DESIGN SOMETHING THERE AT THAT PARTICULAR SITE. IF YOU'LL NOTICE ON OCTOBER 1ST 2018 WE ASKED HIM TO, UM I LOOK AT A 500,000 GALLON STORAGE TANK. BUT WE ASKED THEM TO DO WAS TO MATCH WHAT WE HAD THERE. TODAY WE HAVE A 500,000 GALLON STORAGE TANK THERE, AND SO WE WERE JUST ASKING FOR THEM JUST TO ADD ANOTHER 500,000 GALLON STORAGE TANK THERE AT THAT SIMILAR SITE.

BETWEEN 2018 AND 2020. WE DISCOVERED SOMETHING THAT, UH, WE DIDN'T REALLY ANTICIPATE. BUT OUR UNDERSTANDING THAT THE RW TAKE POINT WAS GONNA BE AT THE WELL SITE FOUR, WHICH IS, UH, LAVER. THEY WERE THE ELEVATOR STORAGE TANK IS THERE WHEN WE DISCOVERED THAT THAT WAS NOT THE SITE THAT WAS DESIRED. THAT CHANGED OUR PLANS. AT THAT POINT . SO THEN WE HAD TO FIGURE OUT THAT THE NEXT PLACE WE COULD TAKE THE HOUR WATER WOULD BE AT 1626. AT THAT POINT, WE ASKED HDR TO LOOK AT WHAT IT WOULD TAKE TO, UH UH, PROVIDE ADDITIONAL CAPACITY AT THAT PARTICULAR SITE. UM ON JUNE 2ND 2020. YOU CAN SEE WHERE WE ADDED ADDITIONAL STORAGE AND, UH, WE ALSO WANTED TO PUT A TRANSMISSION LINE, SO THAT'S ANOTHER THING THAT POPPED UP AND CHANGED THE SCOPE OF THE WORK OF THE PROJECT. WHEN THEY LOOKED AT THEIR STUDY TO SEE WHAT IT WOULD TAKE FOR US TO HAVE THE APPROPRIATE CAPACITY THERE. THEY CAME UP WITH 7 MILLION GALLONS THAT WE NEEDED TO STORE THERE AT THAT PARTICULAR SITE. REMEMBER, WE ONLY HAD 500,000 THERE AT THE SITE. UH, COURSE THAT TRIGGERED THE NEED FOR MORE, UH, PROPERTY AND, UH, THOSE KINDS OF THINGS.

INITIALLY WE LOOKED AT 1 MILLION GALLON TANK, WE DECIDED TO UPSIZE IT TO 1 MILLION GALLON TANK. THEN LATER, WE WOULD ADD THE 23 MILLION GALLON. UH UH, TANKS LATER IN TIME AS WE NEEDED THEM. BUT AS WE HEARD MORE INFORMATION ABOUT ARWOOD AND THE PLANS FOR THEM TO BRING SO MUCH WATER TO US. WE CHANGED OUR MINDS ON THE SIZE. WE JUST SAID, YOU KNOW, RATHER THAN HAVING FOUR TANKS OUT THERE AT ONE POINT IN TIME, LET'S JUST GO AHEAD AND BUILD A 3.5 MILLION GALLON TANK THIS TIME AND THEN, UH, LEAVE ROOM FOR THE 2ND 3.5 MILLION GALLON STORAGE TANKS. SO THAT'S WHERE THE PROJECT STANDS. TODAY THE PROJECT IS ABOUT 90% COMPLETE ON THE 3.5 MILLION GALLON STORAGE TANK. WE'RE READY TO PUT THAT ONE OUT FOR CONSTRUCTION. UM, AND AGAIN I MENTIONED THERE'S A TRANSMISSION LINE THERE. UH, THAT TRANSMISSION MAN GOES FROM 1626 UP THE EAST SIDE OF 1626 IN FRONT OF AC C. AND THEN THE ORIGINAL PLAN THAT WE HAD PROPOSED, UH TO STAFF WAS TO TAKE IT DOWN. UH, TAKE A LEFT THERE AT KOHLER'S AND GO UP TO WELL, SITE FOUR. THAT WAS THE SHORTEST ROUTE. WE HAD ACTUALLY SAVED THAT CENTER MEDIAN AND HAD MADE MADE SURE THAT NO UTILITIES WERE IN THERE. SO WHEN WE WENT THROUGH THERE, WE'D HAVE A CLEAR PATH FOR OUR TRANSMISSION. MAIN UH, WE WERE DIRECTED NOT TO GO THAT ROUTE. WE WERE DIRECTED TO TAKE ANOTHER ROUTE. UH, NORTH OF THE PACK. UH AND, UM THERE WAS NO ROAD AT THE TIME. AND, UH, WE WOULD HAVE TO GO DOWN. BURN THEM GO DOWN. UH, FURTHER NORTH ON THE INTERSECTION COLLISION IN 1626 CUT ACROSS THAT ROAD THAT DID NOT EXIST AND THEN GO BACK DOWN BURNHAM AND THEN TIE INTO WELLS SIDE FOR SO WE WERE GIVEN THAT DIRECTION AND THAT'S THE DIRECTION WE GAVE THE CONSULTANT TO USE TO DESIGN HIS TRANSMISSION LINE. OH ABOUT THREE OR FOUR MONTHS AGO. WG I WAS THE ENGINEER THAT DESIGNED THOSE ROADS THAT WE THINK WE'RE ACTUALLY OPENING BIDS ON 21ST THIS WEEK. WE ASKED HIM ABOUT THE 16 INCH WATER LINE THAT WE NEEDED TO PUT IN THAT ROAD AND IMMEDIATELY THEY HAD ISSUES WITH NOT ONLY THE SIZE OF THE LINES, THE 16 INCH WATER LINE TAKES UP A LOT OF SPACE. THEY HAD A GAS LINE. THEY HAD AN EXISTING EIGHT INCH LINE. THEY HAD A WASTEWATER LINE. THEY HAD ELECTRICAL CONDUITS NARROW RIGHT OF WAY, AND THEY WERE REALLY STRUGGLING WITH HOW ARE THEY GOING TO INCLUDE THAT IN THE, UM IN THAT PROJECT, SO GUESS WHAT? WE ENDED BACK ON THE FIRST PROPOSAL. LET'S TAKE IT BACK DOWN TO COLORS. THAT'S WHY WE'RE HAVING TO DO THE REALIGNMENT ON THIS PROJECT IS BECAUSE NOW WE'RE PLANNING TO TAKE IT BACK DOWN COLORS AND SO WE HAVE TO DO THE SURVEYING AND THE DESIGN FOR THAT SECTION TO REALIGN THAT SECTION OF 16 INCH LINE THAT WE NEED FROM THE, UH OF 1626 SITE. UH, THAT'S WHAT THAT'S THE

[02:25:01]

AMENDMENT. THAT'S BEFORE YOU DENY IT. AND SO HE ALSO JUST TO SHOW UH JUST TO ADD SOME MORE STUFF WE DID. WE ARE ADDING A NEW CHLORINE BUILDING, AND, UH, SOME SKA CONTROL SYSTEM UPGRADES TO THE SITE. UH, CAN I ASK YOU A QUESTION, LEON? SO YOUR FIRST PATH WAS CLEAR. LOOKS LIKE YOU HAD ANTICIPATED WHAT WAS IN THE GROUND. AND YOU WERE GONNA GO IN THAT. FASHION. BUT THEN IT SEEMS LIKE YOU GOT DIRECTION. TO GO ALONG A DIFFERENT PATH. AND NOW YOU ENCOUNTERED. OVERCROWDING OF OTHER UTILITIES. SO IS THAT THAT DIDN'T WORK OUT. SO YOU WENT BACK. TO YOUR ORIGINAL. PLAN DESIGN. THAT IS CORRECT. IN ADDITION, THOSE DIRECTIONS. WHO'S MAKING THAT HAPPEN? THAT IS NOW. IMPACTING COSTS AND DELAYS. AS PRE PREVIOUS DIRECTION FROM A PREVIOUS CITY MANAGER. THEY WERE THEY THEY KNOW THAT. WE WOULD ENCUMBER FIND MORE ENCUMBRANCES. THROUGH THE OTHER. THROUGH PLAN THROUGH THE THROUGH THE BY MOVING AWAY FROM THE ORIGINAL INTENT. DID THEY UNDERSTAND THAT THERE WOULD BE MORE ENCUMBRANCES. AND UNDERGROUND AT THAT PARTICULAR POINT IN TIME, THERE WAS NO ROAD THERE. THERE WAS NO THERE WAS NO DESIGN BEING DONE ON THAT ROAD AT THAT PARTICULAR TIME IN THAT DECISION WAS MADE, BUT AS TIME WENT ON, AS WE WERE FOCUSED ON GETTING THE 1626 PLANT DESIGN, UH, TIME WENT ON. AND THEN UH, THE THEN THE THEN WG I, THE ENGINEER STARTED WORKING ON THEIR DESIGN PLANS FOR THOSE ROADS, SO ACTUALLY, IT WAS. WE WERE TOO LATE AND PLUS, BUT AGAIN, WE HAD THAT ISSUE WITH THE 16 INCH WATER LINE TOO NARROW RIGHT AWAY, AND WE DIDN'T WANT TO SLOW THEM DOWN EITHER. THAT'S WHY WE DECIDED, LET'S JUST GO AHEAD AND BACK, GO BACK TO PLAN A AND PUT IT DOWN COS CROSSING. AGAIN IT IS A SHORTER ROUTE, TOO. THAT'S THE OTHER ADVANTAGE THAT WE LIKE BECAUSE IT WAS A SHORTER ROUTE, RIGHT? BUT I GUESS I COULD SEE THERE WAS A LOT OF PROBLEMATIC STEPS THAT HAPPENED. BUT I'M GLAD THAT YOU HAD MADE THE RIGHT CALL THE FIRST TIME. IT SEEMS LIKE WE'RE BACK IN THE RIGHT. THE RIGHT PATH WITH THE LESS THINGS UNDERGROUND. AND OF COURSE WE DON'T LIKE TEARING UP STREETS.

BUT WE'RE GONNA HAVE TO TEAR SOME OF THE STREETS IN THERE. AND AS WE GO DOWN COLORS, BUT, UH, WE DO HAVE THE ROUNDABOUTS COMING IN. THAT WILL BE COVERING A LOT OF THAT UP ANYWAY, SO WOW.

WELL IT DOES WORK OUT, BUT IT'S A LEARNING LESSON, I GUESS, BUT GOOD TO KNOW GOOD TO KNOW WHAT WAS HAPPENING TO THROUGH THIS TIME PERIOD. LIKE THEY WON'T INTERRUPT. ALL RIGHT. ANY FURTHER DISCUSSION? MOTION OF PROOF. THANK YOU. YEAH, I DID. YEAH. ALL RIGHT. MOTION BY THE MAYOR SECONDED BY COUNCILOR ZUNIGA, UH, THAT WE APPROVED YET OUT IN 24 SO DISCUSSION ON THE MOTION. I JUST WANTED TO ASK HOW MANY CHLORINE BUILDINGS ARE SORRY FOR TOO MANY QUESTIONS.

I'M A QUESTION. I'M A QUESTION GUY. HOW MANY CHLORINE SITES DO WE HAVE? THIS IS NUMBER FOUR THAT I WOULD IMAGINE. WE HAVE ONE AT EACH FACILITY. THE WATER FACILITIES. SO IS IT 44 CHLORINE? RIGHT? THANK YOU. I JUST WANTED TO KNOW THAT ANY FURTHER DISCUSSION ALL A FAIR SAY I. I ALL OPPOSED MOTION CARRIES 7 TO 0. THANK YOU. ALL RIGHT. LAST ITEM IS GENDER. 23

[23. Consider approval of a resolution appointing Megan Brua to serve as the City's ethics compliance officer on a temporary basis, pending issuance of a request for proposals, based on the recommendation of the City Attorney.]

CONSIDER APPROVAL OF A RESOLUTION APPOINTING MEGAN BREWER TO SERVE AS THE CITY'S ETHICS COMPLIANCE OFFICER ON A TEMPORARY BASIS PENDING ISSUANCE OF A REQUEST FOR PROPOSALS BASED ON THE RECOMMENDATION OF THE CITY ATTORNEY. GOOD EVENING MAYOR AND COUNCILORS DAMIEL, CORN CITY ATTORNEY FOR THE RECORD. UM SO BASICALLY, I'M HERE BECAUSE OUR ETHICS COMPLIANCE OFFICER HAS BEEN FORCED TO RESIGN BECAUSE HE ACCEPTED AN IN HOUSE POSITION IN ANOTHER CITY. YOU SHOULD FLIP THAT NEXT TIME EXCEPT IN A POSITION THAT FORCE AND AS A RESULT, HE HAD TO RESIGN, FORCED TO RESIGN, AND IT'S LIKE EVERYBODY'S LIKE WHAT YOU SAY.

BUT AS A RESULT OF THAT, HE CAN'T HE CAN'T SELL HIS ARM DOUG MONTGOMERY AS OUR ETHICS COMMISSION. HE ACTUALLY IS IN SAN MARCOS. SO IF YOU GUYS ARE AHEAD ON, BUT HE'S, UH, NOT ABLE TO SERVE OUR CITY ANY LONGER. UM SO PURSUANT TO THE CITY CODE. I AM ACTUALLY I AM REQUIRED AS A CITY ATTORNEY TO NOMINATE AN ETHICS COMPLIANCE OFFICER AND SO THERE'S KIND OF A DESCRIPTION OF THE CODE HERE. BUT BASICALLY WHAT I WHAT I'VE NOTICED IS THAT WE HAVEN'T DONE A REQUEST FOR PROPOSALS FOR OUR ETHICS COMPLIANCE OFFICER SINCE AT LEAST 2018, AND I THINK IT WAS BEFORE THAT. LIKE SIGNIFICANTLY BEFORE THAT. I CAN'T FIND RECORDS OF THEM. UM SO MY SUGGESTION IS THAT WE GO AHEAD AND DO AN RP AND OUT THERE. BUT IN THE MEANTIME, IF AN ETHICS QUESTION COMES IN, OR IF THERE'S A COMPLAINT, WE NEED SOMEBODY THAT WE CAN CALL. SO MEGAN BREWER IS IN THE SAME OFFICE THAT MR MONTGOMERY WAS IN. UM HE RECOMMENDED THAT WE USE HER. SHE'S KIND OF A YOUNGER ATTORNEY, BUT SHE DOES HAVE ACCESS TO THE REST OF HIS FIRM.

AND SO MY RECOMMENDATION IS TO APPOINT HER FOR THE TIME BEING, AND THEN REVISIT IT AFTER WE HAVE ANY OBJECTIONS TO THAT OR COMMENTS. MOTION TO APPROVE MOTION BY THE MAYOR SECONDED BY COUNCILOR PARSLEY APPROVED IN ITEM 23 IS THE DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR SAY I

[02:30:03]

ALL OPPOSED MOTION CARRIES 7 TO 0 MOTION TO KEEP GOING ALL NIGHT. NO MOTION FAILS F

* This transcript was compiled from uncorrected Closed Captioning.

IV. Agenda Order

V. Appointments

VI. Reports and Presentations

IX. Consider and Possible Action

Mar 19, 2024 City Council Regular Meeting

IV. Agenda Order

V. Appointments

VI. Reports and Presentations

IX. Consider and Possible Action

Link

Social

Embed

Download

Download Selected Item