Sep 03, 2024 City Council Regular Meeting

[6) Receive a report, hold a discussion, and provide staff direction regarding the intersection at Dacy Lane and Bunton Creek Road and the results of the traffic simulations performed at related intersections.]

HAVE ANYTHING THEY WANT TO ADD? AND THANK YOU FOR YOUR SERVICE ON THAT BOARD. AS WELL. VERY APPRECIATED. ALL RIGHT. NEXT UP IS AGENDA ITEM NUMBER SIX. RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION REGARDING THE INTERSECTION AT DACEY LANE AND BUNTON CREEK ROAD AND THE RESULTS OF THE TRAFFIC SIMULATIONS PERFORMED AT RELATED INTERSECTIONS. MR. CANTALUPO. GOOD EVENING, MAYOR AND COUNCIL. I'M JOE CANTALUPO. I WORK FOR KAY FREESE AND ASSOCIATES AND WE ARE THE FOLKS THAT ARE HELPING YOU MANAGE YOUR BOND PROGRAM, SO

[00:30:02]

I'M GOING TO START WITH THIS PAST SPRING, COUNCIL ASKED STAFF TO INVESTIGATE TRAFFIC PATTERNS AT PHILOMENA AND BUNTON CREEK ROAD AND BUNTON CREEK ROAD AND DAISY LANE, AND LOOK AT TRAFFIC CONDITIONS UNDER SIGNALIZED CIRCUMSTANCE AND, UNDER ROUNDABOUT CONDITION, AND TAKE INTO ACCOUNT WHAT WAS GOING ON IN NEARBY INTERSECTIONS AND THIS GRAPHIC, THIS MAP SHOWS YOU THE STUDY AREA, THE GREEN ROAD, THOSE ARE ROADS THAT EXIST, RED ROADS ARE THE ONES THAT ARE PLANNED WITH THE BONDS. THE NEARBY BOND PROJECT. THE STARS ARE THE INTERSECTIONS WHERE THERE ARE ROUNDABOUTS, BUT THE TWO INTERSECTIONS OF, EMPHASIS AND WHAT WE'RE REPORTING ON TONIGHT ARE THE TWO, YELLOW STARS, THE ONE TO THE LEFT IS PHILOMENA, AND THE ONE TO THE RIGHT IS, DAISY, BOTH AT BUNTON CREEK. AND SO THE ANALYSIS WAS DONE BY COBB, FINDLAY. THEY ARE WORKING, DOING SOME TRAFFIC WORK IN THE AREA. AND THEY'RE ALSO DESIGNED, DESIGNING THE KYLE PARKWAY, LEEMAN ROAD EXTENSION. AND THEY USED THE SOFTWARE THAT'S CALLED VISSIM. AND PLEASE DON'T ASK ME TO TELL YOU WHAT IT STANDS FOR, BECAUSE I CAN'T PRONOUNCE HALF THE WORDS, WHEN THEY USE THE MODEL, THEY CALIBRATE IT TO REFLECT EXISTING CONDITIONS. AND SO ONE OF THE THINGS THEY DO IS THEY THEY, THEY LOOK AT THE TRAFFIC VOLUMES AND THEY GET THEM. THEY NORMALIZE THEM AS THE PHRASE AND THEY GET THEM TO REFLECT THE EXISTING CONDITIONS. AND THEY TAKE VOLUMES FROM DIFFERENT PLACES. WHAT'S AVAILABLE. THAT'S LIKE A WAY TO SAVE TIME AND MONEY, AND THEY JUST STANDARDIZE THEM AND NORMALIZE THEM USING TEX DOT CONVERSION FACTORS THAT STANDARD PRACTICE. THEY ALSO WENT OUT AND DID TRAVEL TIME RUNS. SO SOMEONE WENT OUT IN THE CAR DURING MORNING AND AFTERNOON PEAK PERIODS, AND THEY JUST MEASURED TRAVEL TIMES. AND THEY USED THOSE TWO TECHNIQUES, THOSE TWO THINGS, TOGETHER TO GET THE MODEL TO REFLECT THE CURRENT CONDITIONS. AND THAT'S THE WAY YOU KNOW, THAT THE MODEL IS BETTER WILL BE ALL SET TO PREDICT PREDICT FUTURE CONDITIONS. THEY ALSO THEY USE ALL THEY USE THE MODEL TO CREATE 3D SIMULATIONS OF THE INTERSECTIONS AND WHAT THEY LOOKED AT WAS THE 2024 EXISTING CONDITIONS, 2028 CONDITIONS LIKE, YOU KNOW, OPENING CONDITIONS, FOUR YEARS OUT FOR AM AND PM, ROUNDABOUTS AND SIGNALS, AND TEN YEARS AFTER THAT, 2038. AND SO WHAT I'M GOING TO SHOW YOU NOW ARE A FEW VERY QUICK SIMULATIONS, AND PLEASE KEEP IN MIND WHEN YOU LOOK AT THEM, IS THAT THE SIMULATIONS? DON'T DICTATE. RIGHT. THE RESULTS, THE RESULTS OF ALL THE CALCULATIONS THAT WE DON'T SEE THAT THE ENGINEERS DO IN THE BACKGROUND ARE WHAT CREATES THE SIMULATIONS. SO THE FIRST AND THERE ARE ABOUT 30S EACH IS FOR THE SIGNALIZED INTERSECTIONS 2028 IN THE MORNING. I WAS ABOUT TO SAY THAT WAS REALLY, OH MY GOODNESS. AND AGAIN, AS YOU'RE WATCHING THIS, THIS IS JUST TO GIVE YOU A SENSE OF WHAT IT WOULD LOOK LIKE. IT'S YOU KNOW, IT'S A GRAPHIC REPRESENTATION OF ALL THE CALCULATIONS AND ALL THE MATH THAT WENT INTO THIS. AND THAT IS THE SIGNALIZED THOSE TWO, TWO INTERSECTIONS SIGNALIZED AT 20, 28. AND HERE COMES THE ROUNDABOUT. AND REMEMBER THE ROUNDABOUTS ONLY AT DAISY AND PHILOMENA IS SIGNALIZED. AND YOU SEE THE BACKUPS IN EITHER CASE AREN'T REALLY.

THERE'S SOME BACKUP AT PHILOMENA A LITTLE BIT. BUT IT'S NOT. YOU COULD JUDGE BY THE BY THE GRAPHICS. NOT THAT BAD. AND NOW WE GO TO 2038, AND THIS IS THE SIGNALIZED. I'M SORRY, 2038. THE SIGNALIZED IN THE MORNING. AND YOU CAN SEE THAT THE BACKUPS AT PHILOMENA GET A LITTLE BIT MORE SIGNIFICANT. AND AGAIN AT DAISY, THEY GET A LITTLE BIT MORE SIGNIFICANT. AND THESE ARE VERY

[00:35:05]

VERY LOW LEVELS OF SERVICE. AND THEY BORDER ON FAILING AND HERE'S THE ROUNDABOUT 2038 IN THE MORNING. AND THIS IS AGAIN ONLY THE ROUNDABOUT AT DENTON CREEK AND DAISY. AND YOU CAN SEE THE BACKUPS AT AT PHILOMENA GETTING SIGNIFICANT. AND YOU CAN ALSO SEE ON DAISY LANE AT THE ROUNDABOUT. RIGHT. THE BACKUPS. SO WHAT IT ALL BOILS DOWN TO IS THE FACT THAT NO MATTER WHAT YOU DO RIGHT, A SIGNALIZED INTERSECTION AT DAISY AND BUTTON OR A ROUNDABOUT AT DAISY AND BUTTON, THE PERFORMANCE OF PHILOMENA INTERSECTIONS IS JUST GOING TO BE UP POOR. IT REALLY IS NOT GREATLY AFFECTED BY WHAT HAPPENS IN SURROUNDING INTERSECTIONS, AND IT REALLY IS JUST SHEER VOLUME AND TIMING, TRAFFIC BACKS UP INTO THE DAISY CREEK INTERSECTION. WHETHER IT'S SIGNALIZED OR ROUNDABOUT. SO THE QUESTION, RIGHT, THAT I'LL ANSWER BEFORE MAYBE SOMEONE ASKS IT IS THEN WHY DO YOU, YOU KNOW, MOVE ON WITH WITH ROUNDABOUTS, THERE'S A COUPLE OF REASONS. ONE IS A ROUNDABOUT ALLOWS VEHICLES TO TURN NORTH. RIGHT. YOU CAN GET TO KYLE PARKWAY. YOU CAN GET FURTHER NORTH FROM THERE. SO THERE'S AN ESCAPE ROUTE THAT THE ROUNDABOUT OFFERS THAT A SIGNALIZED INTERSECTION DOESN'T. SO WHILE YOU'RE STILL HAVING TROUBLE GOING WEST, YOU HAVE OTHER WAYS OF YOU KNOW, GETTING THROUGH THE AREA. THE OTHER REASON IS THERE ARE LOWER AVERAGE DELAYS, RIGHT? THAT MEANS THE TIME YOU SPENT WAITING FOR SOMETHING TO HAPPEN FOR YOU TO PROCEED, TO CONTINUE TO TRAVEL IS MUCH LESS FOR A ROUNDABOUT THAN IT IS FOR SIGNAL. AND THAT'S ACTUALLY A GOOD THING. AND THEN THERE ARE LOWER SPEEDS THROUGH THE INTERSECTIONS AT ROUNDABOUTS. AND ONE OF THE THINGS I THINK YOU YOU ALL KNOW IS THAT, YOU KNOW, ROUNDABOUTS HAVE LOTS OF SAFETY BENEFITS, RIGHT? AND ONE OF THEM IS THAT THEY FORCE YOU TO SLOW DOWN. RIGHT? THEY OFFER CONTINUOUS MOVEMENT, BUT THAT LOWER AVERAGE SPEED THROUGH A ROUNDABOUT IS NOT ONLY GOOD FOR THE CARS, IT'S GOOD FOR, YOU KNOW, LIKE THE AVOIDANCE OF CRASHES, BUT IT'S ALSO GOOD FOR OTHER USERS LIKE PEDESTRIANS CROSSING THE INTERSECTION AND BICYCLISTS CROSSING THE INTERSECTIONS. SO WHILE YOU KNOW PHILOMENA IS ALWAYS, YOU KNOW, UNDER EITHER A SIGNALIZED OR ROUNDABOUT SITUATION IN THE AREA IS GOING TO DO POORLY. AND WHILE THE ROUNDABOUT IN 2038 STARTS TO WEAKEN A LITTLE BIT AND MAYBE EVEN AT TIMES MIGHT EVEN BE CLOSE TO FAILURE, A ROUNDABOUT IS A MUCH, MUCH BETTER CHOICE BECAUSE OF THOSE OTHER BENEFITS.

LOWER AVERAGE SPEEDS, LESS DELAY, AND, YOU KNOW, IT OFFERS THE ESCAPE ROUTE FOR PEOPLE TO GO NORTH, RIGHT. AND HERE'S JUST WITH THOSE THINGS LOOK LIKE THE GRAY LINES ARE EXISTING CONDITIONS. THE GREEN LINES ARE FOR THE ROUNDABOUTS AND THE BLUE LINES ARE FOR SIGNALIZED, AVERAGE DELAY. YOU CAN SEE THE 2028, THE FIGURES WE HAVE HERE FOR 2028. YOU CAN SEE THE GRAPHIC DIFFERENCE BETWEEN A SIGNALIZED INTERSECTION AND ROUNDABOUT. ROUNDABOUT IS OFFERS MUCH, MUCH LESS AVERAGE DELAY. AND THAT'S SECONDS PER VEHICLE, A DIFFERENCE OF 15 20S DOESN'T SEEM LIKE A LOT, BUT WHEN YOU ADD IT WHEN YOU'RE SITTING WAITING, OR WHEN YOU ADD IT UP BY HOW MANY CARS GO THROUGH AN INTERSECTION, IT'S SIGNIFICANT. AND THEN YOU SEE THE TRAVEL, THE AVERAGE SPEED. YOU SEE THAT, FOR AM THE DIFFERENCE IN AVERAGE SPEED IS NOT THAT GREAT. AND IT DOESN'T GET MORE SIGNIFICANT UNTIL THE PM. BUT AGAIN, THESE ALL POINT TOWARD THE ROUNDABOUT CONTINUING TO BE, YOU KNOW, A GOOD CHOICE IN THAT AREA. AND THEN, YOU KNOW, FINALLY, JUST A COUPLE OF POINTS REITERATING A FEW ROUNDABOUTS ARE SAFER OVERALL BECAUSE THEY ELIMINATE THOSE CONFLICTING VEHICLE PATHS AND THEY HAVE SLOWER SPEEDS. NOT ONLY NOT ONLY TRANSLATES FOR THE VEHICLES GOING THROUGH THE INTERSECTION, BUT ALSO, YOU KNOW, NON VEHICLE USERS SUCH AS PEDESTRIANS AND BICYCLISTS. ROUNDABOUTS SHOWED LESS DELAY THAN SIGNALS. AND THIS ALWAYS COMES UP. SO WE THOUGHT WE'D ANSWER THIS QUESTION TOO. THEY ARE MORE EXPENSIVE TO INSTALL BUT THEY ALSO REQUIRE LESS MAINTENANCE. AND AGAIN I'D LIKE TO THROW ON TOP OF THAT. THEY'RE

[00:40:04]

ALSO A MUCH SAFER AND JUST GENERALLY A MORE EFFICIENT CHOICE. AND SO REALLY, AGAIN, WHEN YOU GO BACK TO LOOKING AT PHILOMENA AND DAISY LANE AND BUNTON CREEK, IF THE QUESTION WAS, AND I THINK THIS IS WHAT WE SET OUT TO ANSWER, DOES ROUNDABOUT MAKE SENSE AT DAISY, THE ANSWER IS YES, DOES IT HAVE A HUGE IMPACT ON PHILOMENA? THE ANSWER IS NO. IT'S ACTUALLY THE OTHER WAY AROUND. PHILOMENA WOULD, YOU KNOW, HAS A BIGGER IMPACT ON THE SYSTEM, I THINK, THAN THE OTHER WAY AROUND. AND SO I HOPE THAT ANSWERS THE QUESTIONS THAT COUNCIL WAS LOOKING FOR. I'D BE HAPPY TO TRY AND ANSWER ANY ADDITIONAL QUESTIONS YOU HAVE. DOES ANYBODY HAVE ANY QUESTIONS FOR MR. CANTALUPO I, COUNCILMEMBER HAUSER YEAH, JOE, REMIND ME WHY WHY DID WE NOT INITIALLY TALK ABOUT THE ROUNDABOUT AT PHILOMENA AND DAISY OR PHILOMENA IN, YEAH, COUNCILMEMBER, I DON'T KNOW, ACTUALLY, THOSE ARE OUTSIDE OF THE BOND PROGRAM, AND I WASN'T PART OF THOSE DISCUSSIONS. THE REASON WE TOOK IT ON IS BECAUSE WE HAD INFORMATION WITH THE OTHER PROJECTS WHICH WE THOUGHT WOULD HAVE, YOU KNOW, WERE VERY IMPORTANT TO BE ABLE TO LOOK AT THOSE TWO INTERSECTIONS. I'M SORRY THAT I CAN'T ANSWER THAT.

SO JUST TO THAT POINT, THAT YOU WERE BRINGING, I REMEMBER WHEN WE WERE ABOUT TO MAKE THE VOTE FOR THIS ROUNDABOUT, WE WERE CONSIDERING THE FLOW AND COUNCIL MEMBER TOBIAS BROUGHT UP THE FACT THAT, YOU KNOW, IF WE REALLY WANTED TO SEE THE FLOW OF THE TRAFFIC, PHILOMENA WAS GOING TO STOP US. AND I DRIVE PHILOMENA EVERY DAY. YOU WILL HAVE TO RECONSTRUCT THE ENTIRE ROAD BECAUSE THERE IS LIKE THERE'S SECTIONS THAT ONLY HAVE ONE WAY IN AND ONE WAY BACK. SO I DON'T I THINK WITH THAT ROUNDABOUT WILL BE PHENOMENAL. BUT I DON'T KNOW THAT THAT WE CAN DO THAT AT THIS POINT. COUNCIL MEMBER ZUNIGA NO, I JUST WANT TO SAY THANK YOU, JOE, FOR, SEEING MORE OF THIS DATA IN A VISUAL FORMAT WITH THE MODELING, YOU PICK THOUGH, THE MORNING TIMES. DID YOU DO ANY EVENING OR. I'M SORRY, AFTER WORK HOURS. SO THE THERE WAS THE MORNING PEAK AND THERE WAS THE PM PEAK. WE SHOWED THE MORNING, YOU KNOW, WE FOCUSED ON THAT BECAUSE THAT IS WHERE YOU HAVE THE MOST PROBLEMS. AND WE WANTED TO SORT OF PUT AN EXCLAMATION POINT.

ALSO TRYING TO BE WEARY OF THE FACT THAT, SURE, YOU GUYS HAVE A LOT TO DO. YEAH I'M ALSO IN AGREEMENT THAT I THINK THE NORTH IS MORE IT'S OPENED UP MORE THROUGH THE ROUNDABOUTS WHERE YOU'VE GOT A WAY TO GET OFF. AND SO IT WOULD HELP TO HAVE THEM IN SYNC WITH EACH OTHER AT PHILOMENA AND THE LONDON FROM A LAYPERSON'S TERM, THAT'S WHAT THAT'S WHAT YOU'RE THAT'S WHAT YOU'RE RECOMMENDING, RIGHT. THAT THERE'S TWO THERE. NO NO NO WE'RE WHAT WE'RE SAYING IS THAT THE ROUNDABOUT AT DAISY LANE AND BUNTON. RIGHT. IT'S PREFERRED OVER A SIGNAL AT THAT SAME LOCATION BECAUSE IT DOES OFFER PEOPLE AN EASIER WAY TO GET OUT OF THE CONGESTION THAT'S GOING WEST. BUT THE SIGNALS THAT YOU'RE SHOWING, IT'S GOING TO HAVE TO STAY SIGNALIZED.

PHILOMENA WELL, THAT WAS THE ASSUMPTION, BUT I THINK IT WASN'T IN THE SCOPE. IT WASN'T IN THE SCOPE. RIGHT. THE BIGGEST WELL, BECAUSE I DON'T KNOW THAT THERE WAS A DIRECTION TO ACTUALLY LOOK AT THAT. BUT AGAIN, I WASN'T PART OF THAT DECISION. BUT I THINK THE BEST WAY TO LOOK AT THIS, I THINK THE QUESTION WAS, YOU KNOW, DO THE ROUNDABOUTS IN THE SYSTEM AFFECT PHILOMENA? AND I THINK IT'S REALLY THE OTHER WAY. PHILOMENA EXPECTS THE ROUNDABOUTS, SO THE, THE HISTORY ON IT AS BEST AS I KNOW, IS THAT IN 2013 IT WAS ORIGINALLY GOFORTH ROAD AND SO PART OF WHAT WE DID WAS RENAMED IT TO PHILOMENA, WHICH IS PATRON SAINT FOR SAINT FOR THE HOSPITAL OR SOMETHING ALONG THOSE LINES. BUT WE THAT WHEN THAT ORIGINAL ROAD BOND PROGRAM WAS PRODUCED, THAT THERE WASN'T REALLY EVEN FUNDING FOR THE RIGHT OF WAY EXPANSION AND SOME OF THAT. AND SO THEY JUST EVERY ROAD PROJECT WAS ALREADY OVER BUDGET. BUT WE DID GET SOME EXTRA MONEY TO DO WHAT THE PHILOMENA EXTENSION. SO THAT'S ONE OF THE NEWEST ROADS IS PHILOMENA. IT'S CAUSING PART OF THE PROBLEM I THINK. BUT IT'S PHILOMENA GOING THROUGH TO THE HOSPITAL. IT CREATES THAT DIRECT ROUTE SO THAT ROAD GOT ADDED. AND SO IT JUST I THINK MAYBE INITIALLY WHEN THEY WENT OUT FOR THE MONEY, THEY WEREN'T NECESSARILY EXPECTING FOR THAT EXTRA TRAFFIC COMING DIRECTLY DOWN THAT HILL FROM SETON. SO IT JUST WASN'T IN THE BUDGET AT ALL. AND WE WERE OVER BUDGET. SO IT JUST WASN'T A DISCUSSION FOR THAT PARTICULAR INTERSECTION. THE QUESTION, RIGHT IS NOT I DON'T THINK IT'S WHETHER YOU CHANGE THE OTHER INTERSECTIONS. IT'S WHETHER YOU CAN ONE DAY FIGURE OUT WHAT TO DO WITH PHILOMENA. RIGHT? YEAH ANY OTHER DISCUSSION? YEAH YES, MAYOR.

[00:45:03]

THANK YOU. THAT THIS IS IN MY DISTRICT AND IT'S BEEN BROUGHT UP IN CONVERSATION THROUGH MANY YEARS OF THE TRAFFIC THERE, YOU'RE RIGHT, COUNCILMAN ZUNIGA. WHEN YOU TRY TO DRIVE THERE, LIKE, RIGHT AT SCHOOL TIME AND IN THE MORNING, IT JUST BACKS UP EITHER WAY, IT'S GOOD TO KIND OF SEE THE SIMULATION SO THAT WAY THE RESIDENTS CAN KIND OF SEE THE DIFFERENCE OF WHAT THE ROUNDABOUTS VERSUS THE STREET LIGHTS ARE, I'M STILL AN ADVOCATE FOR THE STREET LIGHTS BECAUSE IT HAS CROSSWALKS, ESPECIALLY FOR PEDESTRIANS, AND THOUGH I WAS IN DISAGREEMENT THAT WE VOTED FOR A ROUNDABOUT BY LITERALLY RIGHT BY A HIGH SCHOOL, I'M STILL, KNOWING THAT WE'RE GOING TO CONTINUOUSLY HAVE THESE ISSUES BECAUSE OF THE GROWTH IN OUR AREA, ESPECIALLY ON THE EAST SIDE. SO IT'S JUST TRYING TO FIND THAT MEDIAN. AND ON YOUR POINT ABOUT ROUNDABOUTS BEING MORE EXPENSIVE VERSUS THE COST OF THE SIGNAL LIGHTS, I KNOW AT ONE TIME WE WERE QUOTING SOME OF THESE ROUNDABOUTS ALMOST TO THE CLOSE OF $5 MILLION A PIECE, IF I'M NOT MISTAKEN, THAT INCLUDES THE LAND AND THE LAYOUT AND SO FORTH. AND IF I'M NOT MISTAKEN, ON SOME OF THE CROSSWALKS AND THE STREET LIGHTS, WE WERE LOOKING POSSIBLY UNDER 700,000 FOR EACH ONE OF THOSE. SO I'M ALSO LOOKING AT ALSO THE COST EFFECTIVENESS OF LIKE, SHOULD WE GO WITH THIS ROUTE FOR THE EASE OF THE TRAFFIC? BUT I'M ALWAYS AN ADVOCATE FOR THE TRAFFIC CONTROL VERSUS THE FLOW BECAUSE IT DOES SLOW PEOPLE DOWN. WHEN YOU DO HAVE A STREET LIGHTS, YOU DO HAVE CROSSWALKS FOR PEDESTRIANS TO WALK THROUGH AND YOU CAN IN. AND AGAIN, I'M NOT AN ENGINEER, BUT IT'S JUST ME AS A RESIDENT. I KNOW WHEN WE HAVE THOSE STREET LIGHTS THERE, IT DOES CONTROL TRAFFIC AND THE SPEED VERSUS THE CONSTANT FLOW IN THAT AREA. BUT AGAIN, THANK YOU FOR BRINGING THIS FORWARD. SO THAT WAY WE CAN CONTINUE TO HAVE THESE DISCUSSIONS. THANK YOU.

COUNCILMEMBER HARRIS. JOE, I UNDERSTAND THAT WE DESIGN CROSSWALKS INTO THE ROUNDABOUT INTERSECTIONS. YES, MA'AM. AND THERE ARE SOME VERY SAFE AND VERY PEDESTRIAN FRIENDLY, MODELS TO DO THAT. YES. ALL THE ROUNDABOUTS WILL HAVE PEDESTRIAN CROSSINGS, AND THEY ALSO WILL HAVE RAPID FLASHING BEACONS. TO, YOU KNOW, WARN MOTORISTS THAT, YOU KNOW, PEDESTRIANS ENTERING IT. THEY ALSO HAVE REFUGES. SO IF YOU'RE NOT AS QUICK AS MAYBE OTHER FOLKS, YOU CAN JUST, YOU KNOW, SORT OF WAIT IN THAT, IN THAT ISLAND. BUT REMEMBER, RIGHT, THAT THEY'RE TAKING IS A SYSTEM. THE WAY THE ENTRY POINTS TO ROUNDABOUTS ARE DESIGNED, IT NATURALLY SLOWS PEOPLE DOWN AND THOSE PEDESTRIAN CROSSINGS, YOU KNOW, ARE DESIGNED TO LOOK LIKE PEDESTRIAN CROSSINGS. AND THEY HAVE THE LIGHT JUST TO BRING EXTRA ATTENTION TO THE DRIVERS, TO THE DRIVER THAT A PEDESTRIAN IS ENTERING THE CROSSWALK. THANK YOU. MAYOR PRO TEM. YEAH, JOE, JUST MAKING SURE THAT WE'RE LOOKING AT THE PEDESTRIAN CROSSINGS, THAT WE DO THE RAISED PEDESTRIAN CROSSINGS BECAUSE THAT SLOWS PEOPLE DOWN. THAT ALLOWS THE RESIDENTS TO WALK BY, SAFELY. IT'S SOMETHING THAT I'VE WITNESSED, MAKING SURE THAT WE'RE LIGHTING THESE AREAS AS WELL, ONE OF THE THINGS I WANT TO JUST ADVOCATE FOR IS THAT WE ALL GET THE EMAILS. I MEAN, EVERY COUNCIL MEMBER HERE GETS EMAILS ABOUT THE BACKUPS THAT ALL OUR LIGHTS, I MEAN, PEOPLE ARE EMAILING US WEEKLY NOW ON THE BACKUPS ON THE LIGHTS. AND THAT'S WHY I GUESS WE START WE AS A COUNCIL START LOOKING AT ROUNDABOUTS BECAUSE IT KEEPS TRAFFIC FLOWING, BURLESON IS A GREAT EXAMPLE OF TRAFFIC FLOW. I MEAN, THE ONLY THING THAT SLOWS TRAFFIC DOWN NOW IS THE TRAINS. AND BUT OTHER THAN THAT THAT THAT INTERSECTION HAS INCREASE OF TRAFFIC BUT IT STILL FLOWS GREATLY. BUT THE OTHER THING IS THE SAFETY ISSUE. I MEAN, TWO OF THE MOST DEADLY, I MUST SAY DEADLY INTERSECTIONS IN KYLE ARE SIGNALIZED, WE'VE HAD FATALITIES THERE. YOU DON'T HAVE FATALITIES AT ROUNDABOUTS, THEY DROP TREMENDOUSLY, I MEAN, IT'S SOMETHING TO KEEP IN MIND AS WE'RE LOOKING AT SAFETY, IF THAT'S WHAT OUR GOAL IS ABOUT SAFETY AND KEEPING OUR RESIDENTS AND THE TRAFFIC FLOWING IN ROUNDABOUTS IS THE BEST WAY TO GO ABOUT THAT. BUT SIGNALIZED, YOU KNOW, INTERSECTIONS ARE DANGEROUS. I MEAN, I'M TEACHING MY YOUNG DAUGHTER HOW TO DRIVE RIGHT NOW. AND ONE OF THE THINGS I TELL HER WHEN I SEE THE GREEN LIGHT, WHAT DOES GREEN MEAN? AND SHE SAYS, GO. I SAID, NO, LOOK OUT FOR YELLOW. THAT'S WHAT THAT MEANS, BECAUSE SOMEBODY'S GOING TO RUN THAT YELLOW LIGHT AND T-BONE YOU. I SAID, ALWAYS LOOK OUT TO YOUR LEFT BECAUSE SOMEBODY'S GOING TO RUN THAT

[00:50:01]

LIGHT. AND THAT'S SOMETHING I'M TEACHING MY KIDS BECAUSE, I MEAN, IT'S THOSE INTERSECTIONS ARE DANGEROUS. SO MAKING SURE THAT WE, ARE BUILDING FOR THE TRAFFIC FLOW IS IMPORTANT, BUT ALSO THE INTERSECTIONS, MAKING SURE THAT WHEN WE HAVE PEDESTRIAN CROSSWALKS THAT WE'VE GOT THE RAISED CROSSWALKS THAT WILL KEEP OUR KIDS AND OUR RESIDENTS SAFE WALKING ACROSS AND, JUST MAKING SURE THAT THEY'RE BUILT TO THE RIGHT STANDARD, TO THE RIGHT SIZE.

WE'RE NOT UNDER-BUILDING THEM. I MEAN, WE SAW THE SAME THING HAPPEN OVER, NEAR LEHMAN HIGH SCHOOL. THE ROUNDABOUT OVER THERE IS WAY UNDERSIZED, AND IT'S BEEN A NIGHTMARE. WE'VE GONE BACK AND DONE SOME MODIFICATIONS TO IT, BUT, YOU KNOW, MAKING SURE WE'RE BUILDING TO THE RIGHT STANDARD. OKAY. ANYONE ELSE? ALL RIGHT. THANK YOU JOE. APPRECIATE IT VERY

[44) Receive a report, hold a discussion, and provide staff direction regarding the Economic Development Strategic Plan.]

MUCH. WELCOME. THANK YOU. ALL RIGHT. NEXT UP IS AGENDA ITEM 44. RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION REGARDING THE ECONOMIC DEVELOPMENT STRATEGIC PLAN. MISS VARGAS. GOOD EVENING. GOOD EVENING, MAYOR AND COUNCIL VICTORIA VARGAS, DIRECTOR OF ECONOMIC DEVELOPMENT FOR THE RECORD, LET ME JUST WAIT FOR THEM TO PULL UP MY PRESENTATION.

SO. I DON'T HAVE ANY JOKES LIKE PERVEZ. I WISH I DID. MINE ARE NOT CLEAN JOKES. NO, NO AGGIE JOKES, PLEASE. IT WAS A TOUGH WEEKEND, ALL RIGHT. YOU SAID IT WAS A TOUGH WEEKEND. IT WAS A TOUGH WEEKEND. YEAH, IT WAS GOO. WE HAD OUR QUARTERBACK, HAD HAPPY FEET. IT HAPPENS. OKAY, THERE IT IS. OKAY. I JUST CAN'T SEE IT ON THIS SCREEN IN FRONT OF ME, MARCO, BUT I CAN I CAN GO OFF OF THIS SCREEN SO WE CAN KEEP MOVING, SO THIS IS OUR ECONOMIC DEVELOPMENT STRATEGIC PLAN THAT I'D LIKE TO PRESENT TO COUNCIL AND GET FEEDBACK, THIS PLAN FOR OUR DEPARTMENT TIES INTO THE CITY'S STRATEGIC PLAN THAT JESSE PRESENTED BACK IN MAY, AND IT IS ON THE AGENDA AS WELL FOR CONSIDERATION. AND SO UNDER THIS ECONOMIC DEVELOPMENT, I'M SORRY, THE STRATEGIC PLAN IS A THRIVING AND PROSPEROUS ECONOMY. SO THAT'S WHERE, MY STRATEGIC PLAN FALLS IN PLACE.

SO I'LL JUST START BY GIVING YOU SOME BACKGROUND ON SOME PROJECTS THAT WE HAD APPROVED RECENTLY FOR THE THIS PAST FISCAL YEAR, YOU'RE ALL VERY FAMILIAR WITH THEM, BUT I JUST WANT TO REMIND YOU OF SOME GOOD WINS THAT WE HAD THIS YEAR, THE LAKE PARK DISTRICT. APPROVAL OF THAT PROJECT. AND THEN WE HAD THE BRICK AND MORTAR DISTRICT, WHICH INCLUDES THE SPROUTS, THE ADDITIONAL RETAIL AND KYLE PARK DISTRICT, WHICH IS THE NEW QUEST PROJECT THAT WILL BRING ADDITIONAL RETAIL AND AMENITIES TO THE CITY. AND THEN, OF COURSE, FOR THE DOWNTOWN AREA, WE HAVE, HAYS COUNTY BARBECUE AS WELL AS PROJECT TWO STEP ON THE EAST SIDE OF DOWNTOWN. SO THOSE ARE TWO REALLY GOOD PROJECTS. SO I WANT TO START BY GIVING YOU A BACKGROUND ON OUR, OUR DEMOGRAPHICS. BEFORE I GET INTO THE MEAT OF THE ECONOMIC DEVELOPMENT PLAN, FOR, FOR THOSE OF YOU THAT, YOU KNOW, JUST THIS IS JUST BACKGROUND ON THE POPULATION PROFILE OF KYLE, OUR CURRENT POPULATION ESTIMATE IS ABOUT 65,000, AND WE ANTICIPATE A FUTURE INCREASE OF 4%. AND THAT'S JUST BEING VERY CONSERVATIVE, BECAUSE AS YOU CAN SEE FROM THE BAR GRAPH, THIS IS WHERE I'M SORRY, MARCO, IS THERE ANY WAY TO PUT IT IN FRONT OF ME? THE SCREEN. IT'S VERY HARD FOR ME TO READ THAT FAR AWAY, BUT IF NOT, IT'S OKAY, BUT AS YOU CAN SEE FROM THE, THE POPULATION, THE ONES ON THE FAR LEFT ARE THE HIGHEST POPULATIONS OF OUR BENCHMARK CITIES. AND THEN WE'RE TOWARDS THE END OF POPULATION. BUT THE LINE GRAPH, THE LITTLE SQUIGGLY LINE, IS ACTUALLY OUR PERCENTAGE OF INCREASE. SO YOU CAN SEE THAT WE ARE SECOND ONLY TO GEORGETOWN.

SO WE'RE AT ABOUT 9% INCREASE YEAR OVER YEAR. SO SAYING 4% IS BEING A LITTLE BIT CONSERVATIVE.

BUT YOU KNOW WE WANT TO WE WANT TO BE SOMEWHAT CONSERVATIVE. THE POPULATION PROJECTION FOR 2030 IS ABOUT 82,000. AND BY 2040 WE ESTIMATE TO BE AT 108,000, OUR AVERAGE AGE IS A VERY YOUNG

[00:55:10]

DEMOGRAPHIC. 33 IS OUR AVERAGE AGE OF OUR RESIDENTS. THE MEDIAN HOUSEHOLD INCOME IS 75,000. AND THE. I'M SORRY. YEAH, THE MEDIAN HOUSEHOLD INCOME IS 75. AND THE AVERAGE IS 93. SO YOU CAN SEE THAT COMPARED TO OUR BENCHMARK CITIES, WE'RE A LITTLE BIT ON THE LOWER END. BUT FOR MEDIAN INCOME. BUT PART OF THE STRATEGIC PLAN IS TO ADDRESS THAT. AND HOPEFULLY MOVE THE NEEDLE AND MOVE US DOWN THE LIST FOR HIGHER MEDIAN INCOME, EDUCATIONAL ATTAINMENT. 64% OF OUR WORKING AGE RESIDENTS HAVE SOME DEGREE OF COLLEGE OR HIGHER. AND OUR SCHOOL DISTRICT ALSO ARE GREAT PARTNERS IN HELPING WITH THE EDUCATIONAL ATTAINMENT PROFILE. THE SCHOOL DISTRICTS CTE PROGRAM, WHICH STANDS FOR CAREER AND TECHNICAL EDUCATION. THEY ARE INCREASING THE NUMBER OF GRADUATES THAT HAVE INDUSTRY BASED CERTIFICATIONS. SO YOU CAN SEE OVER THE PAST SEVERAL YEARS THEY STARTED AT 400 STUDENTS THAT HAD INDUSTRY BASED CERTIFICATIONS AT GRADUATION. AND THEN NOW THEY GRADUATED. THEY'VE DOUBLED THAT IN 2024. AND THEY JUST ADDED A NEW PHARMACY TECHNICIAN PROGRAM FOR THIS YEAR. AND IF YOU HAVE ANY QUESTIONS IN THE MIDDLE OF MY PRESENTATION, PLEASE FEEL FREE TO STOP AND ASK QUESTIONS. HERE'S THE EMPLOYMENT ANALYSIS.

THIS IS THE FUN PART THAT I REALLY ENJOYED DIVING INTO, AND I DO WANT TO THANK OUR GIS TEAM FOR HELPING ME WITH SOME OF THIS EMPLOYMENT TALENT LEAKAGE INFORMATION. SO 72% OF OUR WORKING AGE RESIDENTS LEAVE KYLE EVERY MORNING TO GO TO WORK IN A DIFFERENT CITY OUTSIDE OF KYLE, THE GOOD NEWS, THOUGH, IS THAT WHEN WE DID A STRATEGIC PLAN BACK IN 2016, IT WAS 80%. SO WE ARE IMPROVING AND IMPROVING AND EXPANDING OUR BUSINESS EMPLOYMENT CENTERS AND EMPLOYMENT OPPORTUNITY FOR RESIDENTS IN KYLE, THE MAP SHOWS THAT OUR TALENT OUTFLOW, WHICH MEANS PEOPLE THAT ARE LEAVING AND THIS IS WORKING AGE RESIDENTS, IT'S ABOUT 20,000 THAT ARE HEADING TO OTHER. HEY THAT'S GREAT. THANK YOU, IT'S 20,000. ARE HEADING OUTSIDE OF KYLE, AND I'LL SHOW YOU AN ANALYSIS IN A MOMENT OF WHERE THAT IS, RESIDENTS REMAINING IN THE CITY ARE ABOUT A THOUSAND, AND THEN WE GET ABOUT 5700 PEOPLE THAT COME INTO KYLE FOR EMPLOYMENT. AND I'LL SHOW YOU A LITTLE BIT MORE ABOUT ON THAT ANALYSIS IN A SECOND, OKAY. SO HERE IS WHAT IT LOOKS LIKE. AS I MENTIONED, THE 72% THAT LEAVE, MOST OF THEM ARE GOING TO AUSTIN. ABOUT 45% ARE COMMUTING TO AUSTIN EACH DAY, AND THEN THE NEXT AMOUNT GO TO SAN MARCOS.

SOME REMAIN IN KYLE SAN ANTONIO, BUDA, ROUND ROCK, NEW BRAUNFELS. WHEN YOU LOOK AT OUR BENCHMARK CITIES, THEY HAVE VERY SIMILAR COMMUTING PATTERNS, THE MAJORITY OF THOSE THAT ARE IN, FROM ROUND ROCK, PFLUGERVILLE, BUDA, HUTTO, MOST OF THEIR RESIDENTS GO TO AUSTIN TO WORK. SO IT'S VERY SIMILAR TO KYLE. HERE ARE TWO OF OUR BENCHMARK CITIES, THOUGH THAT WE WOULD LIKE TO BE A LITTLE BIT MORE IN LINE WITH THESE TWO BENCHMARK CITIES RETAIN MORE OF THEIR RESIDENTS WITHIN THEIR CITY LIMITS. ROUND ROCK, AS YOU CAN SEE, HAS A HIGHER PERCENTAGE OF MOST OF THEM STILL GO TO AUSTIN, BUT THERE'S A HIGHER PERCENTAGE THAT REMAIN IN ROUND ROCK AND THEN OUR NEIGHBORS TO THE SOUTH, SAN MARCOS, ACTUALLY RETAINS MORE OF THEIR EMPLOYEES WITHIN THEIR CITY LIMITS, AND THEN THE REST GO TO AUSTIN, AND SOME EVEN COME TO KYLE TO WORK. SO OUR GOAL WITH THIS STRATEGIC PLAN IS TO, YOU KNOW, GET TO THE LEVEL WHERE WHERE ROUND ROCK RETAINS MOST, YOU KNOW, A GOOD MAJORITY OF THEIR EMPLOYEES. AND THEN ON TO SAN MARCOS, THIS IS AN ANALYSIS OF THE OUTFLOW OF PRIMARY JOBS BY TYPE. SO OF THOSE 20,000 RESIDENTS THAT I MENTIONED THAT LEAVE KYLE EACH DAY TO GO TO WORK THIS IS WHERE THEY'RE THE INDUSTRIES THAT THEY ARE GOING TO WORK AT. AND PRIMARILY IT'S IN HIGHER EDUCATION. THAT'S 14% OF OUR RESIDENTS, THEY EITHER GO TO TEXAS STATE, UT, ACC, OUTSIDE OF KYLE OR SAINT EDWARDS UNIVERSITY, THE NEXT HIGHEST IS WAREHOUSING, WHICH COULD BE IN IN BUDA, SOUTH AUSTIN OR SAN MARCOS. SO AS YOU CAN SEE, OUR GOAL IS TO DIVERSIFY THE JOB INDUSTRY. SO THAT WE CAN KEEP MORE OF THOSE RESIDENTS HERE IN KYLE, THE INFLOW AND OUTFLOW OF MEDIAN INCOME. SO THIS SHOWS THE RESIDENTS THAT ARE OF THE 57,000, I'M SORRY, 5700 RESIDENTS THAT COME FROM OUTSIDE, FROM OTHER COMMUNITIES

[01:00:01]

THAT ARE COMING TO KYLE. THEY PRIMARILY MAKE ABOUT 48,000 AS THEIR MEDIAN INCOME. AND THE ONES THAT REMAIN IN KYLE, ABOUT 81,000. AND THE ONES THAT LEAVE ABOUT 82,000. SO THE ONES THAT STAY AND THE ONES THAT LEAVE, YOU CAN SEE THAT THE SALARIES ARE VERY SIMILAR, THE MEDIAN INCOME. SO SALARY ISN'T THE ONLY FACTOR OF WHAT HAS PEOPLE LEAVING KYLE. IT'S ALSO THE TYPE OF INDUSTRY THAT THEY WORK IN AS WELL AS OTHER, YOU KNOW, THE AVAILABILITY OF BENEFITS AND, AND OTHER THINGS THAT WOULD CAUSE THEM TO LEAVE. KYLE, IT'S NOT JUST SALARY, THE INFLOW. SO THESE ARE THE EMPLOYEES THAT COME FROM OUTSIDE OF KYLE TO WORK HERE, PRIMARILY THEIR AVERAGE WAGES ARE ABOUT 52,000. AND PRIMARILY THEY ARE COMING TO WORK IN THE RETAIL INDUSTRY AT THE CORNER OF, OR THE INTERSECTION OF 1626 AND I-35. SO THAT'S THE HEB AREA. TARGET, WALMART, AND EVEN SOME OF THEM ARE AT THE HOSPITAL. MOST OF OUR INFLOW IS FROM SAN MARCOS, BUDA AND SOUTH AUSTIN. HERE'S A SNAPSHOT OF OUR MAJOR EMPLOYERS. SO WE DO HAVE THE SCHOOL DISTRICT AS MORE THAN HALF OF OUR, MAKES UP MORE THAN HALF OF OUR MAJOR EMPLOYERS. BUT IT'S TO WE HAVE TO CONSIDER THAT THE SCHOOL DISTRICT, THIS IS THEIR HOME BASE. SO A LOT OF THOSE OTHER EMPLOYEES ARE FROM OTHER COMMUNITIES, SUCH AS BUDA, SAN MARCOS, NIEDERWALD, UELAND. WHEN YOU REMOVE THE SCHOOL DISTRICT, THEN OUR NEXT HIGHEST EMPLOYER IS IN THE MEDICAL INDUSTRY, WHICH IS ASCENSION, SETON, HAYS. THEY HAVE OVER 750 EMPLOYEES AND THEN AMAZON, THE WAREHOUSING AND LOGISTICS IS THE NEXT HIGHEST. SO THAT'S AMAZON AT OVER 700 EMPLOYEES. AND THE KYLE LOGISTICS PARK, WHICH IS WHERE THE TESLA IS LOCATED. THEY'RE AT OVER 700 AS WELL. SO A FUN FACT IS THAT 40% OF CITY OF KYLE EMPLOYEES ARE ACTUALLY RESIDENTS OF KYLE. SO I'M HAPPY TO SEE THAT WE ARE ALSO PROVIDING EMPLOYMENT TO OUR COMMUNITY, THE SALES TAX, THESE ARE OUR TOP SALES TAX PAYERS TO THE CITY. SO I WON'T GO DOWN THE LIST, BUT YOU CAN SEE THEM. THE SALES TAX REVENUE PER CAPITA, YOU CAN SEE KYLE IS A LITTLE BIT ON THE LOWER END, BUT I ANTICIPATE WHEN OTHER PROJECTS COME ONLINE, SUCH AS THE TWO STEP PROJECT AND THE KYLE PARK PROJECT, WHERE THE WHERE THE NEW QUEST WILL DEVELOP ALL THAT RETAIL. YOU WILL SEE THIS INCREASE AND HOPEFULLY WE WILL MOVE A LITTLE FURTHER DOWN, ON THE LIST OF, HIGHER SALES TAX. SO KEY CONCLUSIONS IS THAT MOST KYLE RESIDENTS COMMUTE TO OTHER CITIES FOR WORK THAT PAY HIGHER WAGES THAN WE DO. OF THE COMMUTERS THAT COME INTO KYLE, THEY PRIMARILY WORK IN RETAIL SERVICE INDUSTRIES. KYLE'S MEDIAN WAGES ARE LOWER THAN OUR PEER CITIES, AS YOU CAN SEE FROM THE GRAPH TO YOUR RIGHT. AND THE GOAL OF THIS ECONOMIC DEVELOPMENT STRATEGIC PLAN IS TO ADDRESS SOME OF THESE ISSUES. SO I WILL GO THROUGH FIVE KEY INITIATIVES AND THEN WHAT THE ACTION PLAN IS FOR EACH ONE OF THOSE FOR THE NEXT FISCAL YEAR. AND PLEASE FEEL FREE TO STOP ME IN BETWEEN ANY OF THE INITIATIVES AND I CAN. I'M HAPPY TO ANSWER QUESTIONS OR TAKE FEEDBACK. SO THE FIRST ONE WOULD BE TO STRATEGICALLY DEVELOP THE COMMUNITY INTO THE LEADING DESTINATION FOR PREFERRED EMPLOYERS BY ALIGNING ECONOMIC DEVELOPMENT EFFORTS WITH THE FOLLOWING TARGET SECTORS. AND THIS COMES FROM THE ANALYSIS OF THE OUTFLOW OF WHERE OUR RESIDENTS ARE GOING TO WORK. SO MEDICAL HEALTH CARE, HIGHER EDUCATION, BUSINESS AND PROFESSIONAL SERVICES, WAREHOUSING AND MANUFACTURING AND FAMILY ENTERTAINMENT AND RECREATION ALSO REMAINS HIGH ON THE LIST. AND THAT WAS ALSO ON THE LIST IN OUR PREVIOUS STRATEGIC PLAN. SO I STILL HAVE SOME WORK TO DO ON THAT END FOR THE 2025 ACTION PLAN, I WANT TO DESIGN AND CUSTOMIZE INCENTIVE PACKAGES TAILORED TO THE NEEDS OF TARGETED SECTORS TO ATTRACT COMPANIES WITH HIGHER WAGE JOBS, IDENTIFY AND SUPPORT THE EXPANSION OF BUSINESS PARKS AND EMPLOYMENT CENTERS TO MEET THE FUTURE NEEDS OF OUR COMMUNITY'S BUSINESS ECOSYSTEM. SO IF THE BUSINESS PARKS THAT WE HAVE IN KYLE, ALL OF THEM ARE FULL. SO WE'RE LOOKING TO RECRUIT, AND LOOK FOR ADDITIONAL LOCATIONS WHERE THESE BUSINESS PARKS CAN ESTABLISH THE SECOND KEY INITIATIVE IS TO CULTIVATE AN ENVIRONMENT THAT FOSTERS INNOVATION AND PROVIDES SUPPORT. BLESS YOU TO ENCOURAGE THE GROWTH AND DEVELOPMENT OF SMALL BUSINESSES THROUGHOUT THE CITY. SO A COUPLE OF MONTHS AGO, I PRESENTED THE SMALL BUSINESS KICKSTART PROGRAM. SO WE WANT TO CONTINUE TO IMPLEMENT THE PROGRAMS OUTLINED IN THAT PROGRAM. I'D LIKE TO EVALUATE AN EXISTING INCENTIVES TO ENSURE PROPER UTILIZATION AND ALIGNMENT WITH ECONOMIC DEVELOPMENT GOALS AND SUPPORT DOWNTOWN

[01:05:04]

REDEVELOPMENT EFFORTS TO CREATE A VIBRANT AREA FOR SMALL BUSINESSES TO FLOURISH. THE THIRD INITIATIVE IS TO GUIDE REGIONAL COLLABORATION EFFORTS WITH WORKFORCE DEVELOPMENT PARTNERS TO ENSURE THE SUSTAINED GROWTH OF A HIGHLY SKILLED WORKFORCE WITHIN THE CITY. THE ACTION PLAN IS TO RECRUIT COMPANIES WITHIN THE TARGET INDUSTRIES TO REDUCE THE OUTFLOW OF LOCAL TALENT, IDENTIFY LOCAL COMPANIES TO HOST STUDENT INTERNSHIPS AND TEACHER EXTERNSHIP PROGRAMS. FACILITATE CONNECTIONS BETWEEN LOCAL COMPANIES AND QUALIFIED CANDIDATES TO FILL JOB VACANCIES AND COLLABORATE WITH THE LOCAL SCHOOL DISTRICT, COLLEGES AND HEALTH CARE PROVIDERS TO EXPAND THE PIPELINE OF QUALIFIED TALENT AS WELL AS JOB OPPORTUNITIES.

THE FOURTH INITIATIVE IS TO LEAD EFFORTS TO POSITION KYLE AS A TOP DESTINATION FOR FAMILY, RECREATION AND ENTERTAINMENT BY ENHANCING FACILITIES, INCREASING EVENT OFFERINGS, BEAUTIFYING THE COMMUNITY, AND ACTIVELY PROMOTING TOURISM. THE ACTION PLANS INCLUDE IDENTIFY AND ATTRACT DIVERSE FAMILY ENTERTAINMENT OPTIONS THAT FOSTER AN ENGAGING COMMUNITY FOR RESIDENTS AND FOR VISITORS, WHICH TIES INTO THE TOURISM. DEVELOP A STRATEGY. STRATEGY FOR HOTEL OCCUPANCY TAX AND EXPLORE THE POSSIBILITY OF A VENUE TAX TO SUPPORT A DESTINATION PROJECT AND LAUNCH A CITYWIDE BRANDING INITIATIVE TO UNIFY ALL ASPECTS OF THE CITY, INCLUDING TOURISM GATEWAY, SIGNAGE AND LANDSCAPIN. AND THE LAST ONE IS TO IMPLEMENT EFFECTIVE STRATEGIES AND RESOURCE MANAGEMENT PRACTICES THAT ENSURE LONG TERM FISCAL SUSTAINABILITY, WHILE DIVERSIFYING THE TAX BASE FOR ECONOMIC RESILIENCE AND THE ACTION PLANS INCLUDE LEVERAGING CITY OWNED PROPERTY TO ATTRACT INVESTMENT IN KEY AREAS OF THE CITY AND EXECUTE THE PLANS FOR EACH TOURIST DISTRICT TO IMPROVE MOBILITY, GENERATE EMPLOYMENT AND ENHANCE AMENITIES FOR RESIDENTS AND VISITORS. AND THAT IS ALL. SO I'M OPEN TO FEEDBACK ON ANY OF THE FIVE INITIATIVES.

I CAN GO BACK TO THEM. IF YOU'D LIKE TO LOOK AT THEM. DOES ANYBODY HAVE ANY COMMENTS OR QUESTIONS FOR VICTORIA? I THOUGHT THAT WAS PRETTY REVELATORY. SO THANK YOU. YEAH, IT WAS A GREAT PRESENTATION, JUST, YOU KNOW, I KNOW THAT WE WHEN WE'RE ATTRACTING BUSINESSES, ONE OF THE THINGS WE'VE STAYED AWAY FROM IS REALLY HIGH END WATER USERS. SO SOMETHING THAT I WANT US TO CONTINUE BEING AWARE OF, JUST BEING CAREFUL WITH THAT. BUT HONESTLY, THIS IS THIS WAS A GREAT PRESENTATION. THANK YOU FOR A LOT OF THOUGHT BEHIND IT.

THANK YOU. ANYONE ELSE? I WOULD JUST LIKE TO SAY WHEN I WAS DOING SOME RESEARCH ON HOW DO YOU, INVEST IN THE CITY AND, YOU KNOW, CREATE THE JOBS. YOU HAVE TO HAVE A VERY VIBRANT DOWNTOWN LIKE THAT SEEMS LIKE TO, TO ENCOURAGE THE ENTREPRENEURS TO HAVE THE THEY WANT TO HAVE THAT FUN AND INTERESTING ART AND CULTURE AND PEOPLE THAT ARE INTERESTING. AND THEN THEY CREATE THE JOBS. SO WE'VE GOT TO FIND A WAY TO, YOU KNOW, ATTRACT THAT ENTREPRENEURSHIP HERE IN KYLE. I AGREE. YEAH. AND WE'RE IN A REALLY GOOD POSITION IN, IN OUR DOWNTOWN RIGHT NOW. AND WE WILL ALSO BE REALLY I'LL BE WORKING WITH OUR PLANNING DEPARTMENT ON LOOKING AT A PLAN FOR DOWNTOWN, WHAT STRUCK ME WAS THE LEANDER, GEORGETOWN AND KYLE COMPARISONS, BECAUSE IF YOU DRAW A LINE FROM DOWNTOWN KYLE IN TERMS OF COMMUTING DISTANCE, THEY'RE ALL THREE ABOUT THE SAME, WHICH WILL TELL YOU WHAT'S DRIVING THE GROWTH. AND CLEARLY THE DATA SAYS THAT IT'S AFFORDABILITY AND IT'S DOWNTOWN AUSTIN AND EMPLOYMENT THERE. AND SO IT'S ONE OF THOSE THINGS WHERE THE MORE AFFORDABLE WE MAKE, KYLE, THE MORE PEOPLE WANT TO COME TO KYLE VERY CLEARLY.

YEAH. SO IT'S JUST IT'S VERY TRICKY. YOU KNOW, THOSE INITIATIVES. BUT I DID THINK GOING FROM 80% WORKFORCE COMMUTE TO 72, THAT'S A 10% REDUCTION, YOU KNOW, DOWN. AND THAT'S NOT NOTHING THAT THAT'S SOMETHING THAT I'VE WANTED TO SEE HAPPEN. AND I DON'T KNOW, YOU KNOW, YOU I DON'T KNOW WHAT THE YOU KNOW, EXPLANATION MIGHT BE FOR WHY THAT HAPPENED. I THINK TELECOMMUTING PROBABLY PLAYED A ROLE. THE PANDEMIC, I THINK A LOT ALL OF A SUDDEN WE HAD A TON MORE PEOPLE STAYING HERE. AND MAYBE THERE'S SOME RESIDUAL FROM THAT. DID YOU DO ANY RESEARCH ON THE TELECOMMUTING ASPECT? I DID NOT, NOT ON A LOT OF IT HAS TO H THE LOGISTICS PARKS THAT THAT WE HAVE THAT, YOU KNOW, TESLA MOVING HERE. I THINK THOSE MADE SUCH AN IMPACT. AND THEY'RE LARGE EMPLOYERS THAT I THINK HELPED MOVE THE NEEDLE. WELL, THE CATEGORY THAT MAKES ME THAT WHERE I WANT TO BE AND WHERE I HOPE A LOT OF RESIDENTS WANT TO BE IS IN THAT, NOT THE ONES COMMUTING IN FOR THE NECESSARILY FOR THE RETAIL JOBS OR THE ONES COMMUTING OUT. BECAUSE IF YOU TAKE 82,000 AVERAGE HOUSEHOLD OR MEDIAN WAGE OR HOUSEHOLD WAGE COMMUTING OUT VERSUS 81,000 OR 82,000 WHO GET TO ACTUALLY THE 950 PEOPLE THAT STAY HERE AND WORK HERE, THAT IS THE IDEAL

[01:10:01]

CENTER, BECAUSE YOU HAVE THE YOU HAVE THE MEDIAN, YOU HAVE THE WAGES, BUT YOU ALSO DON'T HAVE THE COMMUTE. SO YOU PUT THOSE NEXT TO EACH OTHER AND THEY'RE NOT THE SAME. ONE IS SIGNIFICANTLY BETTER THAN THE OTHER. IT'S JUST THE NUMBERS. 950. SO I'M WONDERING HOW HOW DO WE CREATE MORE, YOU KNOW, JOBS IN THAT 80, $85,000 RANGE THAT KEEP PEOPLE HERE TO THE POINT OF THEM WANTING TO ACTUALLY MOVE AND LIVE HERE? I THINK THAT'S THE HIGHEST QUALITY OF LIFE THAT YOU COULD HOPE FOR. SO I THINK THE INITIATIVES ARE GREAT PERSONALLY. DOES ANYBODY HAVE ANY FEEDBACK WITH REGARDS TO THE SPECIFIC INITIATIVES OR ANY AMENDMENTS OR CHANGES THAT YOU'D LIKE TO MAKE TO THAT? I'D LIKE TO MAKE A MOTION TO DIRECT STAFF TO PROCEED WITH THE KEY INITIATIVES AND GOALS AS PRESENTED, AND ADOPT WITH THE CITY'S OVERALL STRATEGIC PLAN.

SECOND MOTION BY MAYOR, SECONDED BY COUNCILMEMBER LAURA LEE HARRIS. IS THERE ANY DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO

[VI) Consent Agenda]

0. THANK YOU. THANK YOU. THIRD TIME WAS THE CHARM. ALL RIGHT, NEXT UP, WE HAVE OUR CONSENT AGENDA. I KNOW THERE'S PROBABLY SEVERAL FOLKS THAT WANT TO PULL DIFFERENT ITEMS OFF, SO WE'LL JUST GO. WE'LL START THIS WAY. COUNCILOR HEIZER, 14 AND 21. ALL RIGHT, NOW, DOES ANYBODY HAVE OTHER ITEMS TO PULL? TOBIAS JUST 16 ON CONSENT. ANYBODY ELSE? 13. NOW, WE'LL HAVE A QUICK QUESTION ABOUT TEN AND 18. AND I NEED TO PULL 21. ALL RIGHT. 21 IS PULLED ALREADY 27. I'D LIKE TO MAKE A MOTION TO APPROVE CONSENT AGENDA ITEMS SEVEN, EIGHT, NINE, 11 1215, 17, 19, 20, 22, 23, 24, 25 AND 26. SECOND. ALL RIGHT. I DON'T THINK WE PULLED TEN, DID WE? YES, WE DID PULL TEN. I SAID I HAD A QUESTION. YOU HAD A QUESTION. YES I PULLED IT. ALL RIGHT. YEAH WHAT WAS THE OTHER ONE YOU PULLED THEN YOU SAID YOU HAD ANOTHER QUESTION ON. SO THE ONES THAT WERE PULLED WERE TEN, 13, 14, 16, 18, 21 AND 27. ALL RIGHT. MOTION BY MAYOR PRO TEM, SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPROVE THE CONSENT AGENDA ITEMS, SET. I'M GOING TO REPEAT IT. JUST TO BE CLEAR. SEVEN, EIGHT, NINE, 11, 12, 15, 17, 19, 20, 22, 23, 24, 25 AND 26. IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO

[VII) Items Pulled from Consent Agenda]

0. NEXT UP IS AGENDA ITEM TEN. CONSIDER APPROVAL OF A CONTRACT WITH MCGRATH. RENT CORP, DBA MOBILE MODULAR MANAGEMENT CORPORATION FOR THE PURCHASE OF MODULAR OFFICE SPACE IN THE AMOUNT OF $211,008 VIA THE BY BOARD, THIS IS ROSIE'S ITEM. COUNCIL MEMBER ZUNIGA, YOU SAID YOU HAVE A QUESTION. YEAH, JUST A QUICK QUESTION. I'M REALLY GLAD TO SEE THAT WE'RE LOOKING FOR MORE SPACE. EVEN IF IT'S MODULAR, WILL IT BE PERMANENTLY PLACED THERE AT THE TREATMENT PLANT AND WHAT HAPPENED WITH THE OLD TRAILER THAT USED TO SIT OUT THERE? GO AHEAD. TIM SANFORD, ASSISTANT DIRECTOR FOR UTILITIES. SO TO ANSWER YOUR QUESTION, THE TRAILER THAT'S EXISTING TODAY, I BELIEVE THE TIMELINE TO GET THAT REMOVED IS FEBRUARY OF 25, IF I'M NOT MISTAKEN, BUT THAT THAT WILL BE REMOVED, FOR THE OFFICE SPACE THAT WE'RE CREATING ON THAT SITE, IT WOULD BE DEEPER INTO THE PROPERTY, THAT IS A THAT IS AN INTERIM FIX FOR OUR OFFICE NEEDS. AND I SAY INTERIM. THAT COULD BE FIVE, SIX, SEVEN YEARS. WE JUST DON'T KNOW JUST YET. SO WE ARE IN THE BUDGET PROPOSING FUNDING TO FIND A LOCATION FOR OUR UTILITIES OFFICE THAT WILL HOUSE FACILITIES, PUBLIC WORKS, CALL WATER UTILITIES AND SUCH TO ACCOMMODATE ALL OFFICE SPACES THAT WE NEED. SURE. YEAH. I THINK IT'S A GREAT SOLUTION. TEMPORARY SOLUTION. SO THANK YO.

AND I HAD A QUESTION ABOUT 18. YOU WANT A MOTION ON TEN. YEAH I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM TEN. ALL RIGHT. MOTION BY COUNCILMEMBER ZUNIGA, SECONDED BY COUNCILMEMBER TOBIAS TO APPROVE AGENDA ITEM TEN. IS THERE A DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED. OUR MOTION CARRIES 7 TO 0. NEXT UP, AGENDA ITEM 13.

CONSIDER APPROVAL OF AN ORDINANCE AMENDING CHAPTER 17, SECTION 17 DASH 24 METHODS OF REDUCING FLOOD LOSSES AND NUISANCE CONDITIONS OF THE CITY OF KYLE. CODE OF ORDINANCES RELATED TO STREAM BUFFER REQUIREMENTS. THIS ITEM IS PRESENTED BY MR. BARBA. MR. ZUNIGA PULLED IT. DO YOU HAVE A QUESTION? YEAH. I'M NOT SURE IF WE NEED TO GO THROUGH THE PRESENTATION, BUT I. I'M NOT COMFORTABLE WITH REMOVING THIS LEAVING. I THINK I WOULD PREFER FOR CONSERVATION AND TO KEEP OUR WATERWAYS CLEAN, NOT TO BUILD CLOSER TO THE FLOODPLAIN OF THE

[01:15:03]

OF WHAT WE'RE PROPOSING HERE. SO FROM WHAT I'M READING, WHERE WE'RE GOING TO MAKE IT A LITTLE EASIER TO DEVELOP CLOSER TO THE BUFFER ZONES OF THE THINGS THAT ARE IN THE FLOODPLAIN, RIGHT AT COMING UP WITH THE CENTER AND COMING OFF THE CENTER. AND SO YOU HAD A MAP OF LIKE WHERE WE'D BE ABLE TO GET A FEW MORE DEVELOPMENTS IN. BUT I'M JUST VERY PROTECTIVE OF THE ENVIRONMENT HERE AND TRYING TO BE CONSERVATIVE TO, YOU KNOW, NOT POLLUTE ANY MORE THAN WE NEED TO. AND PROTECT OUR, OUR GREEN ECOSYSTEMS. SO IS THERE A REASON WHY WE NEED TO MODIFY THIS BUFFER ZONE? GOOD EVENING, MAYOR AND COUNCIL, LEEANN BARBA, CITY ENGINEER, COUNCIL MEMBER ZUNIGA WHEN WE DEVELOPED THIS CRITERIA IN THE FOR THE FLOOD PLAINS, WE USED A ONE SIZE FITS ALL, WHICH WAS 100FT FROM THE CENTER OF THE CREEK ON BOTH SIDES TO THE MAIN REASONS WE WANTED TO MAINTAIN THE CAPACITY THROUGH THAT CHANNEL. THE OTHER REASON WE WERE LOOKING AT WATER QUALITY ALSO, BUT WHAT WE DISCOVERED AS WE LOOKED AT OTHER CITIES AND WE'VE GOTTEN REQUESTS FROM THE VARIOUS DEVELOPERS, ONE SIZE DOES NOT FIT ALL IN THIS PARTICULAR CASE. FOR EXAMPLE, DIFFERENT BASINS HAVE DIFFERENT CAPACITIES, DIFFERENT SIZES. SOME ARE SMALL, SOME ARE LARGE.

SO WHERE YOU HAVE A BIG FLOODPLAIN AREA? YES WE WANT TO KEEP IT AT 100FT FROM THE CENTER LINE OF THAT CREEK. WHEN YOU GET INTO THESE SMALLER BASINS, 100FT IS QUITE A SUBSTANTIAL NUMBER.

BUT I'M SHOWING YOU HERE IS AN EXAMPLE OF ELLIOTT BRANCH. THIS IS ELLIOTT BRANCH, THE BLACK LINE IS WHERE THE 100 FOOT BUFFER IS. AND THE GREEN IS GOING TO BE THE PROPOSED BUFFER.

AND AS YOU CAN SEE IN THE KIND OF A PINKISH COLOR THAT'S A DEVELOPABLE PROPERTY. SO WE DON'T WANT. AND THE BIG DEAL IS THAT IF YOU GO BACK TO THIS SLIDE OVER HERE. OKAY. GO BACK TO THE PREVIOUS SLIDE. ONE MORE, ONE MORE, ONE MORE. THAT'S THE BIG DIFFERENCE. AS YOU CAN SEE WHEN YOU HAVE A VERY SHALLOW CREEK OR AREA THAT'S DRAINING THAT, THAT FLOODPLAIN AREA GETS PRETTY WIDE WHEN YOU GET INTO A NARROWER, DEEPER CHANNEL. YOU DON'T NEED 100. YOU DON'T NEED THAT WIDTH FOR YOUR FOR YOUR 100 YEAR FLOODPLAIN. DOES THAT. I'M HOPING THAT EXPLAIN THAT BETTER TO YOU. YEAH I CAN CONCEPTUALLY I UNDERSTAND THAT DEEPER DON'T HAVE TO BE AS WIDE. EXACTLY. AND SO WE DID VISIT OTHER CITIES. WE LOOKED AT THEIR THEIR ORDINANCES AND BASED ON WHAT THEY'VE DONE AND WE WANTED TO KIND OF MIRROR WHAT, WHAT THEY HAD DONE. ALSO, THAT WAS THE REASON WE BROUGHT THIS BACK TO COUNCIL FOR YOUR REVIEW AND APPROVAL. HOW MANY REQUESTS DO WE GET FROM DEVELOPERS TO SAY, I WANT TO BE CLOSER TO THE BASIN? SO LET ME APPLY FOR A PERMIT HERE. THEY CAN BUILD IN THE 100 YEAR FLOODPLAIN, AND WHEN THEY ENCROACH INTO THE 100 YEAR FLOODPLAIN, IF YOU LOOK AT THE NEXT PICTURE TO THE RIGHT, THEY CAN BUILD IN THE FLOODPLAIN AND THEY CAN ENCROACH INTO THAT. BUT YOU HAVE TO BEAR IN MIND, WE NEED TO KEEP THAT FLOODWAY, BE ABLE TO HANDLE THAT 100 YEAR EVENT THAT WE'RE GOING TO HAVE COMING DOWN THROUGH THAT CREEK.

SO, SO THEY CAN MAKE IT EASIER TO GET AROUND THE ATLAS 14. NO, SIR. THEY HAVE TO COMPLY WITH THE ATLAS 14. WELL I'M JUST THINKING ABOUT ALL THE WILDLIFE THAT DEPENDS ON THE WATERWAYS.

SO I KNOW IT MAY NOT BE VALUABLE PER SE, BECAUSE IT'S A DEEP BASIN, BUT I THINK, YOU KNOW, THE, THE, THE ECOSYSTEM PROBABLY SHOULD BE MAINTAINED. I UNDERSTAND. SO I'M GOING TO VOTE NO TO THIS. I DON'T KNOW WHAT Y'ALL WANT TO HAVE ANY ADDITIONAL THOUGHTS? MOTIONS. SO I'D LIKE TO MAKE A MOTION TO NOT APPROVE AGENDA ITEM 13. ALL RIGHT. MOTION BY COUNCIL MEMBER ZUNIGA THAT WE DENY. AGENDA ITEM 13. IS THERE A SECOND? ALL RIGHT. MOTION FAILS FOR LACK OF A SECOND. I'LL MOTION TO APPROVE. SECOND. ALL RIGHT. MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPROVE. AGENDA ITEM 13. IS THERE A DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE ALL OPPOSED? NAY. ALL RIGHT. MOTION CARRIES 6 TO 1.

NEXT UP, AGENDA ITEM 14. CONSIDER APPROVAL OF AN AGREEMENT WITH HAYS CALDWELL WOMEN'S CENTER IN THE AMOUNT OF $15,000 FOR SERVICES, ACTUALLY, DO YOU MIND IF WE SWITCH JUST BECAUSE WE'VE GOT KVUE HERE AND DO 16 FIRST AND THEN GO BACK TO 14? IS THERE HERE FOR 16? SURE.

IS THAT OKAY WITH YOU ALL? YEAH. ALL RIGHT, AGENDA ITEM 16. CONSIDER APPROVAL OF A CONTRACT WITH FLOCK GROUP, INC. FOR 20 AUTOMATED LICENSE PLATE READERS AND 12 LIVE VIEW CAMERAS IN THE AMOUNT OF $124,600 VIA A SOLE SOURCE EXEMPTION, COUNCIL MEMBER TOBIAS REQUESTED. JUST WANT TO GO THROUGH THE PRESENTATION. WE CAN, IF YOU LIKE. IF WE CAN GO THROUGH IT, IF YOU. THAT WAY THE RESIDENTS CAN KNOW. AND THE REASON WHY I'M BRINGING THIS FORWARD IS I'VE BEEN GETTING A LOT OF SOCIAL MEDIA CHATTER. AND ABOUT THIS, AND THERE'S THE POSITIVES AND ALSO THE, THE RESIDENTS THAT ARE NOT FAMILIAR WITH THIS SYSTEM AND HOW IT WORKS AND SO FORTH. SO IF YOU WOULDN'T MIND JUST BRIEFLY TELL US WHAT YOU, WHY WHY WERE YOU WANTING TO BRING THIS FORWARD?

[01:20:05]

YES, SIR. GEOFF BARNETT, CHIEF OF POLICE FOR THE RECORD, THANK YOU FOR THE OPPORTUNITY AND HOPEFULLY WE CAN ADDRESS THOSE CONCERNS HERE TONIGHT WITH A GOOD OVERVIEW OF THE PRODUCT AND THEN HOW WE USE IT AND HOW WE HAVE POLICIES AND PROCEDURES IN PLACE TO CONTROL OUR USE OF THE EQUIPMENT. SO WHAT YOU HAVE BEFORE YOU TONIGHT IS AN OPPORTUNITY TO EXECUTE AN AGREEMENT WITH FLOCK CAMERA SYSTEM. THEY FUND LICENSE PLATE OR THEY PROVIDE LICENSE PLATE READER CAMERAS. THEY PROVIDE SOME LIVE VIEW CAMERAS IN ONE OF YOUR AGENDA ITEMS TONIGHT. THAT YOU'VE ALREADY ARE ALREADY APPROVED WAS THE OPPORTUNITY TO ACCEPT A GRANT ON BEHALF OF THE MOTOR VEHICLE THEFT PREVENTION AUTHORITY. THEY OFFERED GRANTS THIS YEAR TO LAW ENFORCEMENT AGENCIES TO HELP CURB VEHICLE THEFT, LICENSE PLATE THEFT, AND CATALYTIC CONVERTER THEFT. AS WE ALL KNOW, THAT'S BEEN A PROBLEM ACROSS THE STATE OF TEXAS. SO THEY PUT SOME MONEY TOGETHER AND OFFERED IT TO LAW ENFORCEMENT AGENCIES TO HELP FIND WAYS TO HELP COMBAT THOSE TYPES OF THEFT AND THE USE OF STOLEN VEHICLES AND STOLEN LICENSE PLATES. WE APPLIED FOR THE GRANT IN THE AMOUNT OF $131,000 AND CHANGE, AND IT HAS A 20% CASH MATCH. WHEN WE ACQUIRED OUR FIRST GRANT, OUR FIRST QUOTES FOR THE EQUIPMENT, THAT WAS THE AMOUNT OF THE EQUIPMENT. WHEN WE GOT CLOSER TO THIS PARTICULAR AGENDA, THEIR PRICING HAD REDUCED A LITTLE BIT. SO YOU SEE $124,600 TO PURCHASE THE EQUIPMENT THAT WILL GET US 20 AUTOMATED LICENSE PLATE READERS, 12 LIVE VIEW CAMERAS. WE CURRENTLY HAVE 15 OF THESE AUTOMATED LICENSE PLATE READER CAMERAS IN USE. MANY OF THEM WERE FINALLY IMPLEMENTED DURING THE SUMMER. WE STARTED THIS PROGRAM ABOUT 12 MONTHS AGO, BUT AS YOU CAN IMAGINE, IT TAKES A WHILE TO BOTH ACQUIRE THE EQUIPMENT, ACQUIRE THE RIGHT PERMITS AND PERMISSIONS IN THE RIGHT OF WAY, AND THEN THE ACTUAL INSTALLATION OF THAT EQUIPMENT FROM THAT INSTALLATION OF THAT EQUIPMENT, WHICH ALLOWS POLICE WHICH ALLOWS POLICE OFFICERS TO RECEIVE WHAT WE CALL HITS. BUT DATA NOTIFICATIONS OF THE ENTRANCE OF STOLEN VEHICLES, STOLEN LICENSE PLATES, CARS THAT ARE RELATED TO SERIOUS FELONY CRIMES AND VEHICLES THAT ARE ATTACHED TO MISSING PERSONS, WHETHER THAT BE A MISSING CHILD ASSOCIATED WITH AN AMBER ALERT, A SILVER ALERT, OR OTHER NOTIFICATION WHERE SOMEBODY IS IN DANGER AND THEY'VE ASKED LAW ENFORCEMENT AGENCIES ACROSS THE COUNTRY TO LOOK FOR THOSE VEHICLES, THESE CAMERAS DO JUST THAT. THEY LOOK FOR THOSE LICENSE PLATES, AND THEY SEND A NOTIFICATION TO THE ON DUTY OFFICERS AND THE DISPATCH CENTER SO THAT WE CAN DISPATCH RESOURCES TO GO OUT AND FIND THOSE PARTICULAR VEHICLES AND GIVE IT THE PROPER INVESTIGATION AND MAKE DETERMINATIONS, IT PRIMARILY, IT'S UP TO OUR COMMUNITY. I THINK WE'VE HAD A LITTLE OVER 100 STOLEN VEHICLE ALERTS OR HITS, AS WE CALL THEM, FOR STOLEN VEHICLES ENTERING OUR COMMUNITY. WE'VE HAD, I THINK IT'S 75 LICENSE PLATES STOLEN LICENSE PLATE HITS. WE'VE HAD A NUMBER ASSOCIATED WITH OTHER MORE SERIOUS CRIMES, AND WE'VE HAD A NUMBER THAT ARE ASSOCIATED WITH BOTH MISSING AND ENDANGERED PERSONS. THEY DO HELP THIS TYPE OF TECHNOLOGY HELPS OUR OFFICERS, WORK SMARTER, NOT HARDER. WE HAVE WE HAVE TO HAVE WHERE WE CAN UTILIZE LESS POLICE RESOURCES, BUT YET STILL ACCOMPLISH THE GOAL OF SAFETY FOR OUR COMMUNITY. KIND OF MOVE A LITTLE BIT FORWARD. OUR RECOMMENDATION WOULD BE TO APPROVE THE CONTRACT AND THE PURCHASE AGREEMENT WITH FLOCK TO INSTALL THESE 20 ADDITIONAL LICENSE PLATE READER CAMERAS AND THE 12 LIVE VIEW CAMERAS THAT WE WOULD DEPLOY. THE LOCATIONS HAVE NOT BEEN DETERMINED YET, BUT WE'RE WORKING WITH THE WITH THE COMPANY. WE'RE WORKING WITH OUR DETECTIVES AND OUR PATROL STAFF TO DETERMINE THE MOST USEFUL AND BENEFICIAL BENEFICIAL LOCATIONS. SOME CONCERNS THAT I'VE HEARD FROM THE COMMUNITY, NOT ONLY NOW, BUT PREVIOUSLY WHEN WE DISCUSSED THIS, IS HOW ARE YOU GOING TO USE THEM? WHAT ARE YOU GOING TO DO WITH THE DATA? AND CAN OFFICERS JUST SIMPLY RUN ANYTHING AND EVERYTHING AND SEARCH OUR LICENSE PLATE NUMBERS? AND THE ANSWER TO THAT IS NO. THE INTENT OF THIS PROJECT IS TO INCREASE OUR EFFECTIVENESS FOR SERIOUS CRIMES, FOR CRIMES IN PROGRESS THAT ARE OF SERIOUS NATURE. AND I MENTIONED A FEW OF THOSE. I WOULD GIVE YOU ONE. I'LL GIVE YOU A COUPLE OF QUICK EXAMPLES OF HOW THEY'VE ALREADY BEEN BENEFICIAL FROM THE EXISTING 15. YOU MAY ALL RECALL THAT WE HAD AN AGGRAVATED ROBBERY AT A LOCAL CONVENIENCE STORE JUST BEFORE 5:00 PM IN THE AFTERNOON, AT ONE OF OUR BUSIEST CONVENIENCE STORES IN THE COMMUNITY. THAT INDIVIDUAL, AN ADULT MALE, ENTERED THAT STORE, WAITED ON THE CUSTOMERS TO LEAVE, AND THEN ATTEMPTED TO ROB THE CLERK AT GUNPOINT. WHEN THE CLERK WAS A LITTLE BIT IN SHOCK, DIDN'T UNDERSTAND WHAT WAS HAPPENING, BUT SAW THE GUN POINTED AT HIM, FROZE IN PLACE. THE AGGRAVATED OR THE ROBBERY SUSPECT BECAME FRUSTRATED AND TURNED TO LEAVE THE STORE. WHEN ANOTHER CLERK, A YOUNG PERSON, AN ADULT BUT YOUT, WALKED INTO THE STORE. THEY HAD BEEN WORKING OUTSIDE AND THAT INDIVIDUAL DECIDED HE WOULD JUST SHOOT THAT CLERK WITHOUT PROVOCATION. WE USED THE EXISTING LICENSE PLATE READERS THAT WE HAD TO HELP GIVE US LEADS ON WHERE TO LOCATE THAT SUSPECT, AND WE HAD THEM IN CUSTODY BEFORE MIDNIGHT ON THE SAME NIGHT. AND WHEN WE CAUGHT HIM, HE WAS WALKING OUT OF ANOTHER CONVENIENCE STORE THAT WE BELIEVE HE MAY HAVE BEEN CASING, PLANNING TO ROB THAT STORE AT GUNPOINT AS WELL, SO WE

[01:25:05]

WERE ABLE TO SAFELY TAKE THAT INDIVIDUAL INTO CUSTODY. WE'VE USED THEM FOR OTHER AGGRAVATED ASSAULTS. WE'VE USED THEM TO HELP US LOCATE SOME CHILDREN THAT WERE TAKING BY TAKEN BY AN ADULT AND FAILED TO BRING THEM HOME. WE WERE ABLE TO USE LICENSE PLATE READER TECHNOLOGY TO HELP US LOCATE THAT VEHICLE AND SAFELY RETURN THOSE KIDS TO THEIR PARENT. AND THEN WE HAVE NUMEROUS OTHER EXAMPLES OF WHERE WE'RE USING THAT NOT ONLY TO HELP APPREHEND WOULD BE BURGLARS AND THIEVES COMING INTO OUR COMMUNITY. I'VE MENTIONED TO COUNCIL BEFORE, DURING OTHER PRESENTATIONS ON OTHER TOPICS THAT WE HAVE ROUTINELY SEEN INDIVIDUALS FROM AUSTIN GENERALLY THAT'S TEENAGERS FROM 13 TO 19 YEARS OLD COME INTO OUR COMMUNITY IN THE DARK HOURS AND THEN DROP THESE YOUTHS OFF IN OUR COMMUNITY WHERE THEY THEY WALK THE STREETS PULLING DOOR HANDLES AND COMMIT NUMEROUS BURGLARIES. IN ONE NIGHT. THEY MAY HIT 12 TO 25 CARS IN ONE NIGHT. AND THEN WHEN OUR OFFICERS FINALLY DO GET ALERTED TO THE COMMUNITY, THEY'RE EITHER GONE OR WE GET INTO SOME TYPE OF HIGH SPEED PURSUIT, WHICH WE CALL OFF DUE TO THE SAFETY OF THE BAD DRIVING, THE DANGEROUS DRIVING BY THOSE SUSPECTS FLEEING BACK INTO AUSTIN. AND THEN WE FIND THAT CAR LATER AND IT WAS IN FACT A STOLEN CAR AND USUALLY ALSO HAD ADDITIONAL STOLEN PLATES ON THE CAR. SO WE'VE LEARNED THROUGH OUR INVESTIGATIONS THAT CRIMINALS USE STOLEN VEHICLES TO THEN PERPETUATE ADDITIONAL CRIMES. THE DETECTION OF THOSE STOLEN VEHICLES COMING INTO OUR COMMUNITY UPON ENTRY INTO OUR COMMUNITY CAN ALERT OUR OFFICERS TO RESPOND TO THAT GENERAL AREA AND HOPEFULLY HELP PREVENT CRIMES FROM OCCURRING IN OUR COMMUNITY AND HELP KEEP OUR COMMUNITY SAFE. WE ARE NOT USING THESE FOR REGISTRATION AND INSURANCE RETURNS, AND THAT KIND OF MINUSCULE INFORMATION, THEY ARE NOT SPEED CAMERAS. THEY ARE NOT MONITORING YOUR SPEED. AGAIN, THESE ARE USED FOR SERIOUS OFFENSES AND FOR VEHICLES THAT WE'RE LOOKING FOR SAFETY ALERTS. LIKE WE MENTIONED, THE AMBER ALERT SILVER ALERT AND WHATNOT, I HOPE I'VE COVERED SOME OF THOSE. OUR RECOMMENDATION WOULD BE TO APPROVE THE ITEM TO ALLOW US TO MOVE FORWARD WITH THE FLOCK, BUT I'M HAPPY TO ANSWER ANY QUESTIONS. IF I DIDN'T PUT TO REST ALL THE CONCERNS, WE I WILL SAY, I'M SORRY. WE DO HAVE PROCEDURES IN PLACE WHERE THE DATA IS SCRUBBED EVERY 30 DAYS. SHOULD AN OFFICER NEED HAVE A NEED, A LAWFUL PURPOSE TO LOOK AT THE DATA? THEY HAVE TO HAVE A CASE NUMBER ASSIGNED. THERE'S AN AUDITING PROCESS BY OUR SUPERVISORS. AND THIS IS A CHECKS. AND IT HAS A CHECKS AND BALANCE SYSTEM IN PLACE. AND YOU CAN'T JUST ACCESS THE INFORMATION AT WILL. YOU HAVE TO HAVE A LAWFUL PURPOSE TO REVIEW THE DATA. AND AGAIN IT'S SCRUBBED AFTER 30 DAYS UNLESS IN FACT YOU HAVE TO WE CALL IT FLAGGING IT BECAUSE IT IS IN FACT INVOLVED IN A TRUE CRIMINAL INVESTIGATION. IT WAS USEFUL INFORMATION. SO HOPE THAT HELPS. YES, SIR. THANK YOU. YES, THOUGH I UNDERSTAND THE, THE CONCERNS OF, OF THE PRIVACY OF THE, THE LPR, I WE NEED TO ADDRESS THE CITY AND, AND HAVE COUNCIL UNDERSTAND THE SAFETY AND SECURITY OF OUR CITY IS SHOULD ALWAYS BE TOP PRIORITY. AND YOU GAVE PERFECT EXAMPLES OF OUR KYLE POLICE DEPARTMENT USING THEM TO SOLVE CRIMES AND HELP TRACK DOWN THIS PERPETRATOR THAT CAME INTO THAT ROBBERY, AND ALSO TO FIND THE MISSING CHILDREN. SO, YOU KNOW, WITH WITH THAT, I'VE DONE THE RESEARCH ON THIS AND ESPECIALLY FOR COMMERCIAL BUSINESSES, ACCORDING TO THE NATIONAL RETAIL FOUNDATION, RETAIL CRIME HAS GONE UP 20% IN 2021 TO 2022. SO BUSINESSES ARE STRUGGLING TO BE ABLE TO PROVIDE THE SECURITY THEY NEED FOR THEIR BUSINESSES. SO HAVING THESE TYPES OF CAMERAS THAT WE'RE LOOKING AT HERE CAN HELP BENEFIT AND HELP OUR POLICE DEPARTMENTS IN THE FUTURE. TRACK SOME OF THESE, SHOPLIFTERS OR CRIMES THAT ARE HAPPENING IN PARKING LOTS. IT REALLY HELPS BENEFIT THAT OUR OUR POLICE DEPARTMENT. SO WE'VE GOT TO BE ABLE TO UTILIZE THE TECHNOLOGY THAT WE HAVE AVAILABLE FOR ALL OF OUR LAW ENFORCEMENT TO BE ABLE TO USE AND SO WITH THAT, THAT'S WHY I'M IN FULL SUPPORT OF THIS AGENDA ITEM. ADDITIONAL THOUGHTS? COMMENTS? MAYOR PRO TEM CHIEF, YOU'RE CORRECT. WHEN WE WERE FIRST LOOKING AT THE PUBLIC SAFETY CENTER AND THE COMMAND CENTER THERE, EMERGENCY MANAGEMENT COMMAND CENTER THERE, WE WERE LOOKING AT WE VISITED SEVERAL FACILITIES AT, YOU KNOW, HIGHLIGHTED THE USE OF CAMERAS AND HOW BENEFICIAL THEY WERE. AS YOU'RE LOOKING AT POLICING, TECHNOLOGY DEFINITELY PLAYS A KEY ROLE IN, IN POLICING TO SOLVING CRIMES IN REAL TIME. AND THAT'S SOMETHING WE'RE ABLE TO OBSERVE. WHILE WE WERE, YOU AND I WERE IN DIFFERENT AREAS LOOKING AT OTHER POLICE DEPARTMENTS AND HOW THEY WERE WORKING AND HOW THE NEW PUBLIC SAFETY CENTER WOULD BE BENEFICIAL FOR US, BUT YEAH, ONE OF THE THINGS WAS GOING BACK TO POLICY AS SOMETHING THAT AS A COUNCIL, WE REALLY VETTED WHEN WE WERE UP HERE AND APPROVING THE CAMERAS, WE REALLY HIGHLIGHTED YOU AND I HAD CONVERSATIONS ABOUT IT ON WHAT WE WERE GOING TO USE THESE CAMERAS FOR. AND YOU ASSURED ME

[01:30:02]

THAT THIS WAS TO SOLVE, YOU KNOW, REALLY BAD CRIMES. AND THAT'S SOMETHING THAT I ALWAYS THINK IS GREAT. YOU KNOW, IT'S, YOU KNOW, SOLVING REAL VIOLENT CRIMES IN REAL TIME IS IMPORTANT FOR OUR RESIDENTS. AND WE'VE SEEN IT PLAY OUT, ONE OF THE POLICE DEPARTMENTS THAT WE VISITED, I NOTICED THAT A MONTH LATER, I SAW THEM HAVE A BECAUSE THEY WERE PRETTY MUCH CRIME FREE IN THAT AREA, BUT THEY HAD A MURDER AND WITHIN MINUTES THEY HAD THAT MURDERER IN CUSTODY BECAUSE OF THE CAMERA SYSTEM. AND IT WAS GREAT TO SEE IT IMPLEMENTED IN THAT REAL TIME.

SO IT WAS GREAT. BUT YEAH, I LOVE THE POLICY THAT'S IN PLACE. THANK YOU. THANK YOU MAYOR. IF I COULD JUST ADD ONE MORE TIME. ONE MORE THING, SIR. AND I'M SORRY, MISS PARTIALLY, YOU SAID IT WAS GRANT FUNDING THAT WAS APPROVED FOR THESE. WILL THESE HAVE TO BE DONE, RENEWED EVERY YEAR? AND THE OTHER QUESTION I HAD WAS, DO YOU HAVE SPECIFIC LOCATIONS ALREADY SET IN MIND, WHERE YOU WOULD WANT TO HAVE THEM STATIONED EITHER WHERE AT STREET LIGHTS OR IN SPECIFIC AREAS OF THE CITY, SO IT IS GRANT FUNDING THAT WILL PAY FOR THESE. IT IS A ONE YEAR GRANT AND IT IS RENEWABLE. SHOULD WE APPLY? AND THEY GRANT THAT? WE WOULD HOPE THAT THEY WOULD, TO ANSWER THE SECOND QUESTION, WE'RE IN TALKS WITH THE COMPANY NOW TO DETERMINE THE BEST LOCATIONS. AGAIN, MEETING WITH OUR CRIMINAL INVESTIGATION DIVISION FOR TO DETERMINE THE CRIMES AND WHERE CAMERAS WOULD BEST SUIT THEM FOR THEIR FOLLOW UP INVESTIGATIONS. AND THEN OUR PATROL DIVISION TO CATCH THINGS THAT ARE ACTIVE AND IN PROGRESS IN GENERAL. WE WANT TO USE THEM IN, I WOULD CALL THEM, LOCATIONS WHERE YOU HAVE A LOT OF VEHICLES HAVING TO PASS THROUGH SO THAT YOU GET THE BEST USE OF YOUR EQUIPMENT INSTEAD OF SINGULAR ROADS, YOU TRY TO CATCH POINTS WHERE ROADS CROSS OR COME TOGETHER SO THAT WE HAVE A BETTER OPPORTUNITY TO LOCATE THOSE LICENSE PLATES AND LOOK FOR THE STOLEN VEHICLES AS THEY COME INTO THE COMMUNITY.

CERTAINLY, ENTRANCE POINTS ON MAJOR ROADWAYS WOULD BE IMPORTANT, AND THEN HIGH CRIME AREAS WHERE WE'RE WE'RE NEEDING TO HAVE THAT KIND OF TECHNOLOGY THAT HELP OUR DETECTIVES SOLVE THE CRIME. SO IT'S IN PROGRESS. BUT THOSE ARE OUR GENERAL GUIDELINES WHERE COULD THEY BE MOST BENEFICIAL, WE CERTAINLY DON'T WANT TO PUT THEM ON SMALL, LESS TRAVELED ROADS, PARTICULARLY BECAUSE THAT'S NOT GOING TO GET US THE BEST RETURN ON OUR INVESTMENT. BUT PLACES WHERE WE BELIEVE THAT THEY CAN BE THE MOST HELPFUL IN SOLVING CRIME. THANK YOU, COUNCILMEMBER PARSLEY. I JUST I'M GOING TO TIE IT OFF TO WHAT COUNCIL MEMBER TOBIAS WAS SAYING. IT WOULD BE NICE TO HAVE COMMUNICATION WITH OUR NEIGHBOR CITIES BECAUSE IF WE ARE ABLE TO CATCH SOMETHING ON THE CAMERA TO MAYBE HAVE CONNECTION WITH THEM, TO SEE IF THERE IS SOME SORT OF FOLLOW UP, AND THEN NUMBER TWO IS LIKE, NOT PROBABLY LESS THAN A YEAR AGO, WE HAD HERE A RESIDENT THAT WAS ABLE TO RESPOND TO AN AMBER ALERT THAT WAS SET IN PLACE BECAUSE OF CAMERAS LIKE THIS. SO I AM IN FULL SUPPORT OF HAVING THE SYSTEM KNOW THEY'RE NOT GOING AFTER YOUR REGISTRATION.

WE JUST WANT IT FOR SAFETY MEASURES. SO THAT IS CORRECT. THEY'RE NOT THEY'RE NOT EVEN CONNECTED TO THE DATABASES THAT TALK ABOUT THAT. SHARE WITH US YOUR REGISTRATION AND YOUR INSURANCE AND WHATNOT. THEY'RE THEY'RE COMPLETELY SEPARATE SYSTEMS. COUNCILOR HEISER.

CHIEF, WHERE ARE THE CAMERAS THAT WE HAVE NOW CURRENTLY LOCATED? ON GENERAL, I DON'T HAVE ALL THE LOCATIONS IN FRONT OF ME, BUT THEY'RE ON GENERALLY THE MAJOR ROADWAYS. AS YOU COME INTO THE COMMUNITY, THEY'RE NOT ON INTERSTATE 35 PROPER, BUT THEY'RE ON OTHER ROADWAYS THAT ARE ENTRANCE POINTS INTO THE COMMUNITY. AND IN OUR THE GENERAL SHOPPING DISTRICTS, WHERE WE TEND TO HAVE SEVERAL BANKS, AS YOU CAN IMAGINE, WE WANT TO TRY TO PROTECT THEM. AND IF YOU'VE HEARD ABOUT JUGGING, THAT'S ANOTHER IMPORTANT CRIME THAT WE HOPE THESE WILL HELP SOLVE THIS ENTIRE PROGRAM. JUGGING IS WHERE YOU, A CITIZEN, WILL GO TO THE BANK, MAKE A WITHDRAWAL. AND THERE ARE THERE ARE CRIMINAL ORGANIZATIONS THAT ARE WATCHING PEOPLE EXIT THE BANK WITH THE MONEY BAGS AND ENVELOPES, AND THEN THEY FOLLOW THEM THROUGH THROUGH THEIR ORGANIZATION, AND THEY'LL FOLLOW THEM TO THEIR NEXT STOP, AND THEY WILL BREAK THE WINDOW WITHIN SECONDS OF YOU WALKING AWAY INTO YOUR NEXT SHOPPING DESTINATION AND STEAL YOUR YOUR HARD EARNED BUSINESS MONEY. SO WE'RE HOPING TO EXPAND IN THAT AREA. THE COMMERCIAL AREA, THE PLACE WHERE WE HAVE BANKING AND FINANCIAL INSTITUTIONS AND PLACES WHERE WE TEND TO HAVE A LOT OF CRIME AND THEN ASSOCIATE THAT WITH LOCATIONS ON ROADWAYS WHERE PEOPLE WILL HAVE TO DRIVE THROUGH TO GET AWAY FROM CALL, OR WHEN YOU'RE COMING INTO CALL. AND HOW MANY DO WE CURRENTLY HAVE? 15, 15? CUSTOMERS. THANK YOU CHIEF. YEAH. JUST TO ALSO ADD IN, SO THEY WON'T BE PLACED IN NEIGHBORHOODS. YOU SAID HIGH TRAFFIC AREAS, INTERSECTIONS, COMMERCIAL, RIGHT? YEAH, THAT'S THE GOAL I WOULD SAY THAT IF FOR SOME REASON THERE IS SOME KIND OF WHAT SOMEBODY MIGHT DESCRIBE AS A RESIDENTIAL ROADWAY, THAT SERVES AS A PRIMARY ENTRANCE POINT INTO THE COMMUNITY. BUT RIGHT NOW, TO ME, IT WOULD SEEM TO BE MORE OF THE LARGER ROADWAYS WHERE THE HIGHER VOLUME OF NUMBER OF VEHICLES ARE COMING INTO AND EXITING THE CITY. SO WE WOULDN'T GET MUCH RETURN IF IT WAS A RESIDENTIAL, UNLESS THERE'S SOME STREET THAT I'M NOT THINKING OF THAT TENDS TO BE HIGHLY TRAVELED. ENTRANCE AND EXIT. FOR PEOPLE WHO ARE COMING INTO KYLE TO COMMIT CRIMES, YOU GOT TO REMEMBER WE WANT TO USE THESE THINGS AS SMARTLY AS WE CAN. IF THEY'RE ON A ROADWAY WITH LITTLE TRAFFIC AND LITTLE CRIMINAL TRAFFIC COMING THROUGH, THEY SERVE THE PD NO PURPOSE. SO

[01:35:02]

WE WANT TO TRY TO GET THEM IN THE RIGHT AREA. SO ARE THE CAMERAS HIDDEN OR ARE THEY VISIBLE FOR EVERYONE TO SEE? I THINK I THINK THEY'RE VISIBLE. I THINK YOU CAN SEE THEM IF YOU KNOW THEY'RE THERE. WILL THEY EVER GET MOVED AROUND OR ARE THEY? THEY CAN. SO THEY'RE THEY'RE WHAT I WOULD CALL PERMANENTLY MOUNTED, WHICH MEANS THEY'RE HARD MOUNTED. IT'S NOT A SIMPLE MOVE. THEY'RE NOT ATTACHED TO ONE POLE. AND THEN YOU CAN JUST QUICKLY DISCONNECT IT AND MOVE IT SOMEWHERE ELSE. THEY'RE WHAT WE WOULD CALL PERMANENT MOUNTED. BUT ARE THEY MOVABLE? IF, FOR EXAMPLE, WE HAD ONE PLACED IN THE COMMUNITY ALONG A SERVICE ROAD AND IT JUST WASN'T VERY EFFECTIVE, IT WASN'T ABLE TO PICK UP VEHICLES EITHER THROUGH THE SPEED OR THE LACK OF VEHICLES. SO THEY'RE GOING TO MOVE IT. IT'S SIMPLY LIKE MOVING A STOP SIGN. YOU'RE GOING TO UNSEAT A POLE. YOU'RE GOING TO HAVE TO REESTABLISH THAT SOMEWHERE ELSE. THAT YOU HAVE THE PROPER SAFETY BARRICADE OR SAFETY DISTANCES AND WHATNOT. SO THEY ARE MOVABLE. BUT I WOULD TEND TO CALL THEM PERMANENT. WOULD YOU BE ABLE TO USE THEM FOR LIKE A DUAL PURPOSE, LIKE IF THERE'S TRAFFIC JAMS, STILL SEE ANYTHING GOING ON? NOT THE 20 LICENSE PLATE READER CAMERAS.

THE 12 LIVE VIEW CAMERAS. WE COULD DO THAT, BUT THE 20, THE FLOCK CAMERAS, THE ALPR THAT WE'RE TALKING ABOUT, THOSE TAKE STILL SHOTS OF YOUR LICENSE PLATE IN THE VEHICLE. THEY'RE NOT ABOUT VEHICLE MOVEMENT AND THE SPEED. IT'S NOT A VIDEO, IT'S JUST A SNAPSHOT. SO LIKE YOU'RE TRYING TO STAY AHEAD OF THE CRIMINALS. BUT WHAT IF THE CRIMINAL JUST COMES UP WITH THE FAKE PLATE, YOU KNOW, THEN IT DOESN'T REALLY HELP YOU, RIGHT? SO FAKE PLATE BY MEANING IF IT'S NOT SOMETHING THAT IS A NUMBER THAT HAS BEEN ENTERED AS STOLEN, YOU'RE RIGHT. IT'S NOT GOING TO RETURN. IF THEY IF THEY BASICALLY CREATE SOMETHING THAT LOOKS LIKE A LICENSE PLATE, I COULD GO PRINT A DEALERSHIP PLATE AND PUT IT ON A CAR. YOU COULD. YES. THOSE THINGS ARE ON THEIR WAY OUT. THE STATE LEGISLATIVE BODY HAS DECIDED THOSE ARE NOT SAFE FOR THE COMMUNITY AND THE STATE OF TEXAS. SO THEY'RE ON THEIR WAY OUT. BUT IN THEORY, YES. TO ANSWER YOUR GENERAL QUESTION, YES, BUT YOU'D SEE A LOT MORE VISIBLE THINGS. OBVIOUSLY YOU CAN'T FAKE THE CAR MODEL AND STUFF, CORRECT. YEAH, THAT WOULD BE A LOT HARDER TO DO. CORRECT YES. OKAY. THANK YOU FOR. YES, SIR. THIS. YES, SIR. CHIEF, JUST A COUPLE THOUGHTS. NUMBER ONE, YOU MENTIONED NOT ON I-35. WHY IS THAT, PREDOMINANTLY, IT'S BECAUSE OF THE SPEED, THE TRAFFIC VOLUME AND THE WIDTH OF THE INTERSTATE. AND HOW WIDE CAN THE CAMERAS ACCURATELY VIEW MULTIPLE LANES OF TRAFFIC? THEY'RE BETTER ON ONE AND TWO LANE ROADS. I MEAN, ONE ONE LANE EACH DIRECTION OR TWO LANES EACH DIRECTION. YOU GET TWO WIDE FOR THE CAMERA LENS, AND IT DOESN'T READ THE LICENSE PLATES AS WELL. SO WE'VE JUST STAYED AWAY FROM THOSE WITH THE FIRST 15. COULD WE TRY THEM OUT HERE? POSSIBLY, BUT I DOUBT IT. I THINK THESE NEXT 20 WILL STAY AWAY FROM THE INTERSTATE AGAIN. NOT THAT IT DOESN'T PROVIDE SOME HIGH VALUE, BUT ACROSS THEIR INDUSTRY, NOT JUST KYLE, BUT ACROSS THE INDUSTRY FOR THESE LICENSE PLATE READER CAMERAS AND COMPANIES, THEY HAVEN'T HAD GREAT SUCCESS PLACING THEM ON THE INTERSTATE. SO I DON'T WANT TO SAY NO.

NEVER, EVER. BUT RIGHT NOW, I THINK OUR FOCUS IS ON WHAT'S HAPPENING IN KYLE OFF OF THE INTERSTATE, NOT TO DISPUTE THE FACT THAT VEHICLES DON'T COME THROUGH KYLE THAT ARE STOLEN, BUT WE HAVE PLACED THEM ON KEY POINTS ON THE EXIT POINTS. WELL, THAT'S IF YOU COME INTO THE COMMUNITY, RIGHT? IF YOU COME INTO THE COMMUNITY ON, SOME OF THEM WILL CATCH YOU. AND IF WE ADD MORE CAMERAS ON MORE OF THEM, WE'LL CATCH YOU IF YOU COME IN IN A STOLEN CAR. YEAH.

SO I USED TO OWN A DEALERSHIP OVER HERE. AND YOU'RE AWARE OF THIS, BUT WE HAD, I HAD A $12,000 LAWN MOWER STOLEN, AND I HAD SOMEBODY COME AND GET A BIKE AND RUN IT OFF, AND THEY ENDED UP DROPPING IT, BUT THEY ATTEMPTED TO STEAL. YES, DIRECTLY. AND SO I'M CERTAIN THAT IF WE COULD GET SOMETHING ON BECAUSE ALL THE BUSINESSES ARE ON I-35, THAT'S WHERE THE RETAIL CATCHES YOU. WHEN YOU EXIT THE RIGHT. NOW, I WANT TO SAY MOST, NOT ALL, BECAUSE WE DIDN'T HAVE ENOUGH OUT OF THE 15 TO MATCH EVERYTHING WE WANTED. BUT OUT OF THE 15 THAT WE HAVE, WE DO HAVE SOME ON THE EXIT POINTS. SO WHEN YOU TRAVEL INTO KYLE ON 35 AND THEN YOU EXIT AND YOU COME INTO OUR COMMUNITY WHERE YOU'RE GOING TO HAVE A REAL IMPACT ON US, MANY PLACES WE'RE GOING TO CATCH YOU ON OUR CURRENT CAMERAS. I FEEL LIKE FOR CERTAIN THAT WE'LL ADD TO SOME OF THOSE MISSING LOCATIONS ON EXIT POINTS WITH THIS NEW, NEW BATCH OF CAMERAS. TELL ME ABOUT THE DIFFERENCE. WE HAVE CAMERAS AT ALL OF OUR PARKS, AT ALL OF OUR, YOU KNOW, FACILITIES. POINT IT AND POINT IT OUT. SO IF PEOPLE ARE GOING IN AND OUT, YOU CAN SEE ALL OF THAT. WHAT'S THE DIFFERENCE BETWEEN THE CAMERAS ON THE STREETS VERSUS OUR SECURITY CAMERAS THAT WE HAVE EVERYWHERE? SO OUR ALPR CAMERAS ARE AGAIN, JUST SNAPSHOTS IN TIME. THEY'RE CATCHING LICENSE PLATES. IT'S MUCH LIKE WHEN YOU GO THROUGH THE TOLLWAY ON ANY TOLLWAY THAT THAT PHOTO SYSTEM IS CATCHING YOUR LICENSE PLATE AND IT ASSOCIATES TO YOUR REGISTRATION AND MAYBE SENDS YOU A BILL IN THE MAIL. IT'S USING THAT SAME TECHNOLOGY. IT'S FAST ENOUGH. IT CATCHES YOUR LICENSE PLATE, AND IN THE BACKGROUND IT'S RUNNING THAT THAT LICENSE PLATE NUMBER AGAINST THE LAW ENFORCEMENT DATABASES TO CHECK FOR STOLEN OR MISSING. WANTED ALL THAT. THE CAMERAS IN THE PARKS ARE NOT MONITORED. THAT WAY. WE HAVE ACCESS TO THEM, BUT THERE'S NOT AN INDIVIDUAL, AND NOR WILL THERE BE INDIVIDUALS SITTING AND WATCHING THESE AT ALL TIMES, WATCHING THE CAMERAS AND ALL THAT. IT'LL IT'LL BE WHAT THAT SYSTEM SENDS TO US. OUR CAMERAS IN THE PARK ARE THERE FOR SOME LIVE VIEW. IF NECESSARY, BUT GENERALLY IT'S BASICALLY TO GO BACK AND LOOK AT WHO COMMITTED, PERHAPS VANDALISM IN THE PARK DAMAGED SOME OF OUR CITY PROPERTY, OR IF THERE WAS A CRIME REPORTED. IT GIVES US A VIDEO SO THAT WE, THE LAW ENFORCEMENT AGENCY OR THE CITY HAS A BETTER DETAIL OF WHAT HAPPENED. OKAY. WELL, I AGREE WITH COUNCILMEMBER ZUNIGA ABOUT

[01:40:03]

THE NEIGHBORHOOD PART OF IT AND FOCUSING ON THE PARTICULAR INFRASTRUCTURE WHERE, YOU KNOW, VEHICLES TRAVEL THROUGH BECAUSE, FOR EXAMPLE, MOST OF MY NEIGHBORS HAVE SECURITY CAMERAS.

MY HOUSE IS, LIKE FORT KNOX. I'VE LEARNED RECENTLY WE HAVE OTHER COUNCIL MEMBERS WITH THEIR OWN SECURITY FOOTAGE THAT THEY TAKE, BUT THAT'S SORT OF ON THE RESIDENT TO PROTECT THEIR PRIVATE PROPERTY. YES, SIR. BUT AS IT RELATES TO, YOU KNOW, TRAVELING, YOU KNOW, I'LL JUST SAY THIS, CHIEF, YOU KNOW ME. YOU KNOW, WE'VE BEEN DOING THIS A LONG TIME. YOU KNOW, I'VE OPPOSED LICENSE PLATE READERS. EVERY TIME THEY'VE COME FORWARD. AND, YOU KNOW, I THINK A LOT OF TIMES PEOPLE SAY THAT, YOU KNOW, MAYBE I'M AGGRESSIVE, BUT IN THIS PARTICULAR CASE, YOU KNOW, THERE'S THERE HAVE BEEN CONCERNS THAT HAVE BEEN BROUGHT UP FOR YEARS ABOUT DATA SECURITY.

THERE'S THE POSSIBILITY OF PROFILING. THERE'S A POSSIBILITY OF, YOU KNOW, JUST A VARIETY OF WAYS THAT THE LICENSE PLATE READER SYSTEMS COULD BE MISUSED. BUT AS I HAVE WATCHED THESE 15 LICENSE PLATE READERS COME ONLINE AND LISTEN TO THE TESTIMONIES AND ALSO TALKED WITH FOLKS, YOU KNOW ABOUT THE IMPACT THAT SUCH DEVICES CAN MAKE ON PUBLIC INFRASTRUCTURE. IT'S SLOWLY BECOME, YOU KNOW, FAIRLY SELF-EVIDENT. I THINK THAT THIS PARTICULAR TOOL HELPS AND AIDS OUR POLICE TO CATCH THE BAD GUYS BETTER AND FASTER AND SO I WILL ACKNOWLEDGE HERE, HAVING GONE THROUGH THIS JOURNEY WITH YOU, THAT WHILE THERE, AS COUNCILMEMBER TOBIAS SAID, THERE IS NO QUESTION HERE THAT THERE'S A TRADE OFF. BUT THE BUT THE QUESTION IS CIVIL LIBERTIES VERSUS SAFETY. AND SECURITY, AND THERE'S A BALANCE BECAUSE THE QUESTION KIND OF BECOMES WHERE DO WE STOP WITH THIS? YOU KNOW, ARE WE ARE WE GOING TO GO DOWN TO THE RESIDENTIAL STREETS? ARE WE GOING TO BECOME BIG BROTHER? IS THIS 1984 ALL OVER AGAIN? AND I THINK IT ALL BOILS DOWN TO NUMBER ONE, THE POLICIES AND PROCEDURES THAT WE PUT IN PLACE AS A COUNCIL TO MAKE SURE THAT THE POLICE DEPARTMENT IS NOT MISUSING, BUT AT THE SAME TIME, PROFILING HAPPENS WITH OR WITHOUT LICENSE PLATE READERS, OR IT DOESN'T HAPPEN WITH OR WITHOUT LICENSE PLATE READERS, MEANING THE CORE COMPETENCY AND THE ABILITY OF OUR POLICE DEPARTMENT TO BUILD TRUST IN THE COMMUNITY ISN'T AFFECTED IN MY VIEW. WHETHER OR NOT YOU HAVE LICENSE PLATE READERS, IT'S AFFECTED WHETHER OR NOT YOU'RE PROFILING OR NOT. AND WE HAVE A TON OF AUDITING AND DATA THAT COMES BACK TO MAKE SURE THAT THOSE KIND OF THINGS AREN'T HAPPENING. AND THEN AS IT RELATES TO DATA BREACHES, WHICH IS A HUGE CONCERN. AND PRIVACY, THERE ARE THERE ARE DATA BREACHES HAPPENING ALL THE TIME WITH EVEN MORE SENSITIVE INFORMATION THAN YOUR LICENSE PLATE THAT ARE VULNERABLE FOR RECORDS AND THINGS. I THINK LIKE TWO THIRDS OF AMERICANS SOCIAL SECURITY NUMBERS WERE RECENTLY HACKED BY THE CHINESE OR THE RUSSIANS OR, YOU KNOW, SOMEBODY IN A BASEMENT. I DON'T KNOW, BUT IT'S BEEN WIDELY REPORTED. SO AT THE END OF THE DAY, WHEN I PERSONALLY WEIGH IT ALL TOGETHER, EVEN THOUGH FOR HISTORICALLY I'VE BEEN ON THE SIDE OF I'D RATHER HAVE THE CIVIL LIBERTY, I WILL SAY THAT I, YOU KNOW, I HAD A CONVERSATION WITH MY WIFE AND, RECENTLY AND SHE TALKED ABOUT THE VARIOUS SCENARIOS IN WHICH WE MIGHT FIND OURSELVES IN INSTANT NEED OF POLICE HELP BECAUSE OF SOMETHING THAT'S HAPPENED AND WOULD IN THAT MOMENT. I RATHER HAVE THE POLICE HAVE THE TOOLS TO CATCH THAT BAD GUY OR NOT CATCH THAT BAD GUY QUICKLY. IF IT'S MY KID WHO JUST GOT SNATCHED, I WANT YOU TO HAVE IT ALL. AND I HAVE TO CONCEDE THAT. SO I'M IN SUPPORT AT THIS POINT, CHIEF. NOT THAT YOU KNOW, I DIDN'T. YES. ONE MORE QUESTION. I'M. YES. THANK YOU, COUNCILMEMBER HEIZER, CHIEF, I KNOW THAT YOU'VE SAID THAT THE THESE CAMERAS WOULD ONLY BE USED TO INVESTIGATE, HIGH CRIMES. AND I KNOW THAT THAT'S YOUR. YOU HAVE THE ABILITY TO, TO HAVE THAT STANDARD FOR HOW WE USE THAT INTERNALLY HERE IN THE CITY OF KYLE. BUT LET'S SAY THE CITY OF BUDA OR DRIPPING SPRINGS OR ANOTHER CITY REACHES OUT. WHAT IS TO STOP? IF THEY DON'T HAVE THAT SAME USE CASE FOR INFORMATION AND LIKE, HOW ARE WE LIKE, HOW ARE YOU USING YOUR JUDGMENT IN REAL TIME TO MAKE SURE THAT OTHER CITIES WHO ARE ASKING US FOR USE OF THIS INFORMATION, THAT IT'S NOT BEING, WEAPONIZED PER SE. YEAH. SO WE ASK THAT OUR EXECUTIVE SERVICES COMMANDER, WHO OVERSEES THIS PROGRAM AND THE INSTALLATION, AND HE IS OUR POINT OF CONTACT WITH FLOCK, THAT HE BE RESPONSIBLE TO MAKE SURE THAT HE'S VETTING LAWFUL PURPOSES FROM OTHER AGENCIES.

AND THAT IF THERE'S EVER ANY DOUBT OR QUESTION OR ANYTHING OUTSIDE THE SCOPE OF USE THAT'S PERMITTED, THAT THEY BE REMOVED FROM ACCESSING OUR EQUIPMENT AT ANY POINT OR ANY TIME, EVEN RECEIVING INFORMATION, LAW ENFORCEMENT AGENCIES ARE VERY ACCUSTOMED TO SHARING INFORMATION ON BEHALF OF A LAWFUL INVESTIGATION, AND THAT IS A FUNDAMENTAL REQUIREMENT.

THEY HAVE TO BE INVESTIGATING A CRIMINAL OFFENSE OR LOOKING FOR A PERSON OF SUBSTANTIAL NEED TO

[01:45:03]

FIND A WANTED PERSON WITH SERIOUS CRIMES, OR TO LOOK FOR ONE OF THOSE SPECIAL CATEGORIES MISSING CHILDREN, MISSING ADULTS, SILVER ALERTS, VEHICLES THAT HAVE BEEN TAGGED THAT WE'RE LOOKING FOR ALREADY AS A STATEWIDE AGENCY. NOT AGAIN, NOT THE MINUSCULE OR MENIAL TRAFFIC OFFENSES CLASS C WARRANTS, WHICH ARE THE LOWEST OF THE LOW. THOSE VERY SMALL ITEMS. AND SHOULD WE EVER FIND THAT THAT'S THE CASE, WE WOULD DISCONTINUE ANY PARTNERSHIP WITH THAT AGENCY IN REGARDS TO FLOCK. MOTIONS. MAYOR, I'D LIKE TO GO AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 16. SECOND. ALL RIGHT. MOTION BY COUNCIL MEMBER TOBIA, SECONDED BY MAYOR PRO TEM, THAT WE APPROVE. AGENDA ITEM 16. IS THERE A DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? NO. ALL RIGHT. MOTION CARRIES 6 TO 1. ALL RIGHT. NEXT UP, AGENDA ITEM 14. CONSIDER APPROVAL OF AN AGREEMENT WITH HAYS CALDWELL. WOMEN'S CENTER IN THE AMOUNT OF $15,000 FOR SERVICES PROVIDED TO ADULT, ADOLESCENT AND CHILD VICTIMS OF FAMILY OR DATING VIOLENCE, AND TO CHILD WITNESSES OF FAMILY VIOLENCE. CHIEF, YOU'RE STILL HERE. BUT, COUNCIL MEMBER HEIZER, YOU HAVE SOME QUESTIONS OR THOUGHTS? JUST SOME THOUGHTS. AND, CHIEF, YOU KNOW, YOU CAN JUMP IN HERE IN A MINUTE. I'M VERY THANKFUL THAT LAST YEAR WE DECIDED TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HAYS CALDWELL WOMEN'S CENTER, AFTER SEEING A LOT OF THE DATA THAT THEY SHARED IN REGARD TO, CITY OF KYLE RESIDENTS WHO ARE, WHO SEEK THEIR, THEIR SERVICES. AND IN LOOKING AT THE FINANCIAL BREAKDOWN OF THE AMOUNT OF MONEY THAT THEY RECEIVE FROM MUNICIPALITIES, ON A YEARLY BASIS, AND THEN ALSO THEN BREAKING THAT DOWN EVEN MORE TO LOOK AT THE TOTAL NUMBER OF, PEOPLE WHO THEY SERVE FROM OUR CITY IN COMPARISON TO OTHER CITIES. I WOULD LIKE TO REQUEST THAT WE DOUBLE THE AMOUNT OF MONEY THAT WE WOULD GIVE THEM FROM 15 TO 30,000, FOR THIS UPCOMING YEAR. AND JUST A COUPLE OF DATA POINTS THAT, THAT I SAW THAT THEY HAD SHARED WERE, 28% OF THE VICTIMS OF CHILD ABUSE THAT THEY SEE FROM HAYS COUNTY COME FROM THE CITY OF KYLE, WHICH IS 10% LARGER THAN ANY OTHER CITY IN THE COUNTY OR IN CALDWELL COUNTY, AND 25% OF THE OVERALL VOLUME OF PEOPLE WHO, WHO GO TO THE CWC ARE FROM THE CITY OF KYLE AND OF THE $142,400 THAT THEY RECEIVE ON A YEARLY BASIS FROM THE CITIES IN BOTH COUNTIES. THE CITY OF SAN MARCOS GIVES $100,000 AND WE, WE GIVE 15. AND I KNOW THEY'RE A LARGER CITY, BUT JUST IT SEEMS BASED ON THE NUMBER OF PEOPLE FROM OUR CITY WHO THEY'RE SERVING, YOU KNOW, I WOULD LIKE US TO CONSIDER STEPPING UP AND HELPING THEM A LITTLE BIT MORE, HELP THEM HELP OUR RESIDENTS WHO ARE IN IN GREAT TIMES OF NEED WHEN THEY WALK THROUGH THAT DOOR. COUNCILMEMBER HARRIS, I'D LIKE TO ALSO EMPHASIZE THAT BY OUR RESIDENTS UTILIZING THOSE SERVICES, WE ARE TAKING SOME OF THE BURDEN OFF OF OUR LAW ENFORCEMENT THAT WOULD BE MAKING REPEAT CALLS TO THESE RESIDENCES, AND BACKING UP THEIR SERVICES. THEIR VICTIM SERVICES HERE. COUNCILMEMBER PARSLEY, THANK YOU. I WAS JUST GOING TO SAY EXACTLY WHAT COUNCIL MEMBER HEIZER SAID. WE ARE THE TOP USER FOR CHILD ABUSE SURVIVORS, AND WE ARE THE SECOND HIGHEST USER IN HAYS COUNTY OVERALL FOR THE TOTAL CLIENTS THEY SEE. SO SEEING THAT SAN MARCOS IS PROVIDING ABOUT $100,000 PER YEAR AND SEEING KYLE TO BE GIVING 15, I WOULD SAY THAT I WOULD LIKE TO REQUEST THE SAME FOR US TO DOUBLE THAT AMOUNT.

I'LL JUST SAY THAT, I'VE BEEN UP HERE MANY TIMES, AND WHEN I ASKED FOR AN INCREASE, THERE'S A LOT OF BACK AND FORTH ON IT. RIGHT? BUT I DON'T ACT THAT WAY. I THINK THAT THIS IS FOR A GOOD CAUSE, AND ANY TIME IT'S TO HELP PEOPLE, YOU'RE NOT YOU'RE NEVER GOING TO SEE ME MAKE A, YOU KNOW, THAT KIND OF RESISTANCE TO THAT. SO THANK YOU MOTIONS, YEAH. MAYOR, I'D LIKE TO MAKE A MOTION TO, INCREASE THE BUDGETED AMOUNT, FOR THE PROFESSIONAL SERVICES AGREEMENT TO $30,000 FOR SERVICES PROVIDED TO THE HAYS CALDWELL WOMEN'S CENTER, SECOND. OKAY. THE MOTION IS TO INCREASE THE BUDGETED AMOUNT FROM 15 TO 30, BUT THE BUDGET'S AT A DIFFERENT ITEM. THIS IS A CONTRACT. THE CONTRACT SERVICES AGREEMENT FROM IT WOULD BE TO APPROVE THE CONTRACT, BUT TO AMEND THE AMOUNT THAT WOULD PAY THEM TO 30. SURE, I CAN I CAN DO THAT AGAIN. YES, I WOULD LIKE TO MAKE A MOTION TO APPROVE THE CONTRACT FOR THIS UPCOMING YEAR. WHILE INCREASING THE, CONTRACTED

[01:50:07]

AMOUNT TO $30,000. SECOND. ALL RIGHT, MOTION BY COUNCIL MEMBER HEIZER, SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPROVE. AGENDA ITEM NUMBER 14 WITH THE AMENDMENT TO INCREASE THE AMOUNT FROM 15,000 TO 30,000, IS THERE A DISCUSSION ON THE MOTION? YOU'RE LOOKING AT ME FUNNY. IS THAT GOOD OR ARE WE GOOD, COUNCILMAN TOBIAS? YES IS THIS SOMETHING THAT'S ALREADY BUDGETED IN THE FOR THE YEAR AS FAR AS LIKE SERVICES GOES, BECAUSE WOULD THIS BE CONSIDERED A BUDGET AMENDMENT ON THAT END, THE 15 THE 15,000 IS BUDGETED. SO WE WOULD NEED TO LOOK AT AUGMENTING THAT TO THE 30,000 WITH THE BUDGET AUDIT. WHEN THAT COMES FORWARD. SO JUST INCREASE IT BY 15,000 FROM THE BUDGET. RIGHT. IT'S SIMPLY IT'D JUST BE TAKING OUT A FUND BALANCE. WE HAVE THE FUNDS TO DO THAT. IF THAT'S THE COUNCIL'S WILL WE COULD DO IT. SO WOULD IT BE. SO GOING FORWARD FOR NEXT YEAR? SHOULD THIS ALREADY BE INCLUDED IN LIKE OUR CONTRACT SERVICES OR SOMETHING LIKE THAT TO WHERE THIS ITEM IS EFFECTIVE OCTOBER 1ST. SO IT'S IN THE NEXT BUDGET THAT YOU'RE GOING TO APPROVE LATER TODAY THAT BUDGET CURRENTLY BUDGETS 15. SO WHEN YOU APPROVE IT LATER TODAY, YOU WOULD NEED TO INCREASE THAT TO 30. RIGHT? OKAY. THAT'S IT. ANY DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR SAY AYE. AYE AYE. ALL OPPOSED. ALL RIGHT. MOTION CARRIES 7 TO 0. NEXT UP IS AGENDA ITEM NUMBER 18. CONSIDER APPROVAL OF A RESOLUTION AWARDING RFQ 2020 401 FOR THE DEVELOPMENT CODE RE-WRITE TO FREESE AND NICHOLS, INC, AND AUTHORIZE THE CITY MANAGER TO NEGOTIATE A CONTRACT. THIS ITEM IS PRESENTED BY MR. ZUNIGA.

ASKED TO PULL IT. DO YOU HAVE ANY QUESTIONS? YEAH, JUST A QUICK QUESTION AGAIN, I SEE THAT IN OUR BUDGET. I THINK WE HAVE $500,000 SET ASIDE FOR THIS. DID WE GET ANOTHER BID? WHY ARE WE USING FREESE AND NICHOLS TO DO THE CODE? IS THERE SOMETHING SPECIALIZED ABOUT THIS? SO THIS ITEM, ROSIE TRUELOVE, DIRECTOR OF ADMINISTRATIVE SERVICES. THIS IS JUST AN ITEM TO AWARD THE CONTRACT TO FRIESS AND NICHOLS. WE DID A COMPETITIVE REQUEST FOR QUALIFICATIONS SOLICITATION PROCESS. WE HAD TWO PROPOSALS THAT WERE RECEIVED. THE STAFF EVALUATION PANEL RECOMMENDS AWARD OF THE CONTRACT TO FRIESS AND NICHOLS. WE HAVE NOT YET NEGOTIATED A CONTRACT WITH THEM, AND SO WHILE THE BUDGET IS AT 500,000, WE DON'T KNOW UNTIL WE GO INTO CONTRACT NEGOTIATIONS WHAT THE CONTRACT AMOUNT WILL BE, AND WE WILL BRING THAT BACK TO COUNCIL EITHER AT THE NEXT MEETING OR THE FIRST MEETING IN OCTOBER. SO YOU DIDN'T AWARD THEM THE CONTRACT BASED OFF THE PRICE? NO, IT'S A PROFESSIONAL SERVICES. WE DON'T AWARD BASED ON PRICE. WE AWARD BASED ON DEMONSTRATED COMPETENCE AND QUALIFICATIONS AS DETERMINED THROUGH A COMPETITIVE QUALIFICATIONS PROCESS. AND IS THIS SPECIALIZED? YES. YES IT IS. WRITING UP CODES, SECTIONS HERE. GO AHEAD. I JUST CAN'T UNDERSTAND $500,000. REWRITE SOMETHING THAT'S ALREADY TEMPLATED, I THINK. WHAT MISS TRUELOVE IS SAYING IS WE HAVE A BUDGET FOR 500,000. WE'RE NOT TELLING YOU THE CONTRACT IS GOING TO BE 500,000. WE'RE GOING TO COME BACK TO YOU WITH A SCOPE OF WORK AND A CONTRACT WITH A SPECIFIC AMOUNT, AND THEN YOU'LL GET TO SEE THAT AT A LATER TIME.

THE RFQ IS A TWO STEP PROCESS. THE FIRST IS TO HAVE A SELECTION OF THE FIRM AND THEN TO ENTER INTO THE NEGOTIATIONS OF THE CONTRACT, AND THEN TO BRING THAT BACK. BUT AS ROSIE MENTIONED, RFQ IS BY LAW. WE ARE NOT ALLOWED TO NEGOTIATE BASED ON PRICE FOR A PROFESSIONAL SERVICE. IT'S BASED ON SCOPE OF WORK QUALIFICATIONS. MAKE A MOTION TO APPROVE AGENDA ITEM 18 SECOND. ALL RIGHT. MOTION BY COUNCILMEMBER ZUNIGA, SECONDED BY MAYOR PRO TEM, THAT WE APPROVE. AGENDA ITEM 18. IS THERE A DISCUSSION ON THE MOTION? YEAH. I JUST WANT TO SAY I'M VERY EXCITED FOR THIS TO CODE REWRITE. I JUST WANT TO SAY THAT, WELL, WHAT I, WHAT I WAS GOING TO MY THOUGHTS WERE THIS IS THIS IS OUR MOMENT TO REALLY START TO GET SERIOUS ABOUT WHETHER WE WANT TO PURSUE THIS OR NOT. WE NEED TO MAKE SURE, BECAUSE THIS IS HALF $1 MILLION AND IT WON'T BE EASY. AND NOT EVERYONE WILL LIKE IT. SO IF WE'RE GOING TO GO THROUGH THE PROCESS, WE NEED TO BE COMMITTED THAT WE'RE SPENDING THIS MONEY EFFICIENTLY AND WISELY AND THAT WE ARE GOING TO WE ARE GOING ALL THE WAY. IT'S GOING TO TAKE SOME TIME. I WILL SAY THIS. I DO HAVE PET PEEVES ABOUT THE RFQ PROCESS, BECAUSE WHEN YOU BUDGET 500,000, THEN YOU GO TO RFQ.

WHAT DO YOU THINK THE AMOUNT IS GOING TO BE OF THE CONTRACT? IT'S GOING TO BE PLUS OR -$1,000 FROM 500,000. THAT'S JUST THE WAY THAT THESE THINGS WORK, ALMOST GUARANTEED. AND SO IT PUTS IT IN A WEIRD SITUATION WHERE TAIL WAGS DOG AND WE DON'T GET COMPETITIVE BIDS. WE NARROW IT DOWN WITH A BUDGETED AMOUNT THAT THEY BID TO. AND IT'S NOT A PRIEST NICHOLS THING. IT'S JUST I'VE SEEN THAT HAPPEN NINE TIMES OUT OF TEN. SO I WISH THAT THERE WAS A WAY TO GO ABOUT IT WHERE WE COULD GET MORE COMPETITIVE BIDS. BUT PROFESSIONAL SERVICES ARE THE WAY THAT THEY ARE. SO THAT'S THAT'S WHERE WE'RE AT. SO HOPEFULLY WE WILL MAKE SURE THAT IN OUR SCOPE OF WORK, WE'RE

[01:55:02]

GOING TO GET $500,000 WORTH OF VALUE, THOUGH. AND THAT'S REALLY IMPORTANT AS WELL. WE ABSOLUTELY AGREE ON THAT. ANY FURTHER DISCUSSION ALL THOSE IN FAVOR SAY AYE. AYE AYE. ALL OPPOSED.

ALL RIGHT. MOTION CARRIES 7 TO 0. ALL RIGHT. NEXT UP IS AGENDA ITEM NUMBER 21. APPROVE A RESOLUTION ACCEPTING A VOLUNTARY ANNEXATION PETITION FOR APPROXIMATELY 101.53 ACRES OF LAND AT 1000 LEHMANN ROAD AND SETTING THE PUBLIC HEARING DATE FOR SEPTEMBER 17TH, 2020. FOR THIS ITEM IS. I SEE, MELISSA IS HERE. MR. HEIZER, DO YOU HAVE A QUESTION OR THOUGHTS? MANY THOUGHTS, BUT I WILL JUST ASK, COULD YOU KIND OF WALK US THROUGH THE PROCESS OF WHAT WE'RE VOTING ON RIGHT NOW, AND THEN WHAT THE TIME LINED OUT PROCESS WILL BE FOR THE TOPIC OF THE ZONING? PERFECT. SO, JUST THIS EVENING, WE'RE JUST SETTING THE DATE FOR THE PUBLIC HEARING FOR THE ANNEXATION. SO, THIS THIS PROPERTY IS UNDER A DEVELOPMENT AGREEMENT, AND SO THEY'RE THEY HAVE, THEY'RE WANTING TO DEVELOP THE PROPERTY. SO WITH THE CURRENT DEVELOPMENT AGREEMENT FOR NON ANNEXATION, THEY HAVE TO REQUEST ANNEXATION. THEY'RE GOING THROUGH THAT. NOW.

THIS WILL JUST BE SETTING THE PUBLIC HEARING. HOWEVER THEY ARE COMING BACK WITH SOME ZONING CHANGES THAT THEY WANT TO BE CONSIDERED FOR PORTIONS OF THE PROPERTY PLANNING AND ZONING COMMISSION IN THEIR NORMAL CYCLE WILL, CONSIDER THE ZONING THAT THEY'RE LOOKING AT HAVING FOR THAT PROPERTY, IT WILL, TAILOR UP AND CONNECT WITH THIS ANNEXATION PROCESS AND THEN, YOU WILL HAVE THE OPPORTUNITY TO VOTE NOT ONLY ON THE ANNEXATION AS AN INDEPENDENT ITEM, BUT ANY FUTURE CONSIDERATIONS OF ZONING AS AN INDEPENDENT ITEM. BUT THE RESOLUTION THIS EVENING IS JUST TO SET THE PUBLIC HEARING DATE FOR SEPTEMBER. BUT IT'S WRITTEN AS CON CONCURRENT. SO WE'RE TAKING THE ZONING AND THE ANNEXATION SIMULTANEOUSLY ON THIS, AREN'T WE? SO WITH THIS, WOULD THIS PUT US IN A BIND TO HAVING TO USE THE ZONING THAT THEY'RE COMING UP WITH? IT PUTS YOU TO WHERE NO MATTER WHAT, YOU'LL HAVE TO CONSIDER THE ZONING THAT THEY HAVE BEFORE YO, BUT YOU ABSOLUTELY HAVE ALL THE RIGHTS AND PRIVILEGES OF LOOKING AT EACH ZONING CASE FOR THE MERITS THAT ARE PRESENTED BEFORE THIS. THIS ITEM IS TRULY JUST A RESOLUTION TO SET THE PUBLIC HEARING DATE FOR THE ANNEXATION PUBLIC HEARING. THIS IS IN ACCORDANCE WITH STATE LAW.

ANNEXATION HAS TO TECHNICALLY PRECEDE A REZONING PROCESS. SO THIS IS JUST KIND OF THE CYCLE THAT WORKS FOR THAT. MAYOR, I'D LIKE TO GO AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 21.

SECOND. ALL RIGHT. MOTION BY COUNCILMEMBER TOBIA, SECONDED BY MAYOR PRO TEM TO APPROVE AGENDA ITEM 21. IS THERE DISCUSSION ON THE MOTION JUST TO SET UP, JUST THE HEARING. YEAH. CORRECT. SO DO WE KNOW WHEN THEY'RE GOING TO COME BACK FOR THE ZONING CHANGES? THEY WILL. YOU WILL SEE ZONING AT THAT SAME MEETING TOO, IF YOU CHOOSE TO VOTE ON THAT AS WELL. SO ON THE 17TH WE SHOULD BE SEEING THE ZONING. YES. AND THEY WILL HAVE PLANS FOR IT. RIGHT. YES. WELL YOU WILL SEE THE ZONING REQUEST THAT THEIR, THAT THEY'RE REQUESTING AT THAT MEETING AND THE PLANNING AND ZONING COMMISSION WILL SEE IT ON THE 10TH. I BELIEVE MAYBE THE WAY TO SAY IS YOU CAN'T YOU CAN'T LOOK AT THE ZONING WITHOUT ANNEXATION. YOU CAN'T LOOK AT ANNEXATION WITHOUT ZONING. THIS SETS IT UP FOR BOTH TO BE ON THE AGENDA. WE'RE LOOKING AT IT AT ALL AS A PACKAGE, BUT THEY WILL BE INDIVIDUAL ITEMS. SO YOU YOU DON'T HAVE TO VOTE ONE TO HAVE THE OTHER. AND THEY WOULD IF WE DIDN'T APPROVE THEIR ZONING, THEY WOULD WITHDRAW THEIR ANNEXATION PETITION 100%. ALL RIGHT. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED. NAY ALL RIGHT.

MOTION CARRIES 6 TO 1. NEXT UP IS AGENDA ITEM 27. CONSIDER APPROVAL OF AN AMENDMENT TO THE REAL ESTATE SERVICES CONTRACT WITH DBA ELITE REALTY ADVISORS, WHICH ADDS THE PROPERTIES LOCATED AT 208 AND 246 REPUBLIC DRIVE AND 103 BURLESON STREET IN KYLE. MR. ZUNIGA YEAH, THIS ONE.

I JUST WANTED TO DECOUPLE. SO I'M INTERESTED IN ONE, BUT NOT THE OTHER PART OF IT. OKAY SO IF ANYBODY WOULD LIKE TO DECOUPLE IT AND WE CAN VOTE ON WHICH, WHICH ONE DO YOU WANT TO VOTE ON FIRST? I DON'T MIND BURLESON STREET SEPARATE FROM REPUBLIC DRIVE. ALL RIGHT. I'M ASSUMING ONE YOU PREFER IF YOU WANT A MOTION ON THAT I'D LIKE TO MAKE A MOTION TO APPROVE, THE 103 BURLESON. CONSIDER APPROVAL OF AN AMENDMENT FOR REAL ESTATE SERVICES CONTRACT. ALL RIGHT I'LL SECOND THAT MOTION BY COUNCILMEMBER ZUNIGA, SECONDED BY THE MAYOR, THAT WE APPROVE THE 103 BURLESON STREET. KYLE PORTION OF THE CONTRACT IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES 7 TO 0. AND I'D LIKE TO MAKE A MOTION TO APPROVE THE 208 AND 246 REPUBLIC DRIVE AMENDMENTS. SECOND MOTION BY MAYOR. SECONDED BY COUNCIL

[02:00:05]

MEMBER HEISER THAT WE APPROVE THE REMAINDER OF THE CONTRACT. IS THERE A DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? NAY. ALL RIGHT. MOTION CARRIES 6 TO 1.

ALL RIGHT. THAT'S A GOOD, BREAK. WE'LL SEVEN MINUTES. WE'RE GOING TO RECONVENE AT 910. THAT'S A PRETTY GOOD CLIP. GOOD JOB IT'S 916. I'M GOING TO CALL THIS MEETING BACK TO ORDER. NEXT UP IS AGENDA ITEM NUMBER 36. SECOND

[36) (Second Reading) Consider approval of an ordinance adopting the annual budget for all City Funds for the ensuing Fiscal Year beginning October 1, 2024 and ending September 30, 2025; appropriating revenue and expenditure amounts thereof for all City Funds, authorizing rate increase for water and wastewater service rates, increase for solid waste service charges, all other proposed fees and charges for various City services as provided for in the Fee Schedule, capital improvement plan expenditures, and for the carryover of encumbrances, all associated schedules and documents; and repealing all ordinances in conflict herewith; and providing for an effective date. (ROLL CALL VOTE REQUESTED) (RELATED AGENDA ITEM 1 OF 3) Public Hearing City Council voted 6-1 to approve on first reading on 8/20/2024]

READING. CONSIDER APPROVAL OF AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR ALL CITY FUNDS FOR THE ENSUING FISCAL YEAR BEGINNING OCTOBER 1ST, 2024 AND ENDING SEPTEMBER 30TH, 2025.

APPROPRIATING REVENUE AND EXPENDITURE AMOUNTS THEREOF FOR ALL CITY FUNDS. AUTHORIZING RATE INCREASE FOR WATER AND WASTEWATER SERVICE RATES. INCREASE FOR SOLID WASTE SERVICE CHARGES. ALL OTHER PROPOSED FEES AND CHARGES FOR VARIOUS CITY SERVICES AS PROVIDED FOR IN THE FEE SCHEDULE, CAPITAL IMPROVEMENT PLAN EXPENDITURES, AND FOR THE CARRYOVER OF ENCUMBRANCES. ALL ASSOCIATED SCHEDULES AND DOCUMENTS, AND REPEALING ALL ORDINANCES AND CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. MR. MURPHY, THIS ITEM DOES HAVE A PUBLIC HEARING. MAYOR AND MAYOR PRO TEM COUNCIL MEMBERS, FOR THE RECORD, I'M PERVEZ MAJID, CITY'S DIRECTOR OF FINANCE, REAL QUICK, I JUST WANT FOR THE BENEFIT OF THE DEPARTMENT HEADS AND THE ASSISTANT CITY MANAGERS. I WANT TO POINT OUT THAT BUDGET RELATED ITEMS 36, 37, 38 ARE BEING CONSIDERED BY CITY COUNCIL AT APPROXIMATELY 920. WHAT WAS THE UNDER WHAT WAS THE OVER UNDER? IT WAS AROUND NINE. YEAH SO UNDER THIS AGENDA ITEM COUNCIL. WE'RE COUNCIL IS CONDUCTING THE SECOND PUBLIC HEARING AND FINAL PUBLIC HEARING ON THE CITY'S PROPOSED BUDGET FOR COUNCIL IS ALSO CONSIDERING APPROVING ON SECOND READING THE ORDINANCE TO ADOPT THE CITY'S BUDGET FOR FISCAL YEAR 2024. DASH 25. ON AUGUST 20TH, THE CITY COUNCIL HELD THE FIRST OF THE TWO PUBLIC HEARINGS SCHEDULED ON THE CITY'S BUDGET, APPROVED ON FIRST READING. THE ORDINANCE TO ADOPT THE CITY'S BUDGET FOR FISCAL YEAR 24. DASH 25. HERE'S A QUICK SUMMARY OF THE AMENDED BUDGET AS IT STANDS TODAY. TOTAL BUDGET FOR ALL CITY FUNDS IS 365.3 MILLION. TOTAL BUDGET FOR CITY'S GENERAL FUND 83.1 MILLION. CAPITAL IMPROVEMENTS PLAN, OR CIP, FOR FISCAL YEAR 2025, 248.5 MILLION AND THE FIVE YEAR SPENDING PLAN FOR FISCAL YEARS 2025 THROUGH FISCAL FISCAL YEAR 2029 ADDS UP TO $848.4 MILLION. THE CITY'S BUDGET FOR FISCAL YEAR 2024 2025 IS BASED ON PROPOSED PROPERTY TAX RATE FOR TAX YEAR 2024 OR FISCAL YEAR 2024, 2025, AT 46.9 $0.03 PER $100 OF TAXABLE ASSESSED VALUATION, ALL REQUIRED PUBLIC NOTICES FOR BUDGET MEETINGS AND PUBLIC HEARINGS HAVE BEEN PUBLISHED IN THE CITY'S NEWSPAPER OF RECORD AND POSTED ON THE CITY'S WEBSITE. THE CITY'S BUDGET, DEVELOPMENT AND ADOPTION PROCESS IS IN COMPLIANCE WITH THE CITY CHARTER AND THE TEXAS LOCAL GOVERNMENT CODE FOR MUNICIPAL BUDGETING.

TODAY IS THE FINAL OF THE TWO PUBLIC HEARINGS SCHEDULED TO BE CONDUCTED BY THE CITY COUNCIL ON THE CITY'S BUDGET FOR FISCAL YEAR 2425. THE FIRST PUBLIC HEARING WAS HELD ON AUGUST 20TH, SO THE OPTIONS FOR CITY COUNCIL AFTER THE PUBLIC HEARING IS CONCLUDED IS TO APPROVE THE ORDINANCE, APPROVE THE ORDINANCE WITH AMENDMENTS, OR DENY APPROVAL OF ORDINANCE STAFF RECOMMENDS. APPROVE THE ORDINANCE WITH THAT MAYOR, MY PRESENTATION, I CONCLUDE MY PRESENTATION. ALL RIGHT. THANK YOU, MR. MAYOR. THIS ITEM DOES HAVE A PUBLIC HEARING. SO IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING NOW. SEEING NONE. THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THE BUDGET? ALL RIGHT. SEEING NONE, I'M GOING TO CLOSE THE PUBLIC HEARING. PUBLIC HEARING IS NOW CLOSED. QUESTIONS COMMENTS? COUNCILMEMBER HEIZER YEAH, TWO THINGS. MAYOR. NUMBER ONE, I WOULD LIKE TO REQUEST THE ADDITIONAL $15,000 FOR THE HAYS CALDWELL WOMEN'S CENTER TO BE IDENTIFIED TO, IN THIS UPCOMING BUDGET, PER THE ITEM WE JUST VOTED ON A COUPLE OF MINUTES AG.

AND IS THAT GOOD FOR YOU? NEED ANYTHING MORE ON, YES. THAT WOULD HAVE TO BE IN THE FORM OF

[02:05:01]

A MOTION COUNCIL MEMBER. OKAY. AND YOU'RE AMENDING THE PROPOSED BUDGET FOR FISCAL YEAR 2425 AND THE AMOUNT OF $15,000 TO BE BUDGETED FROM THE GENERAL FUND FUND BALANCE. OKAY. DEFINITELY GOING TO MESS THIS UP. SO MAYOR, I'D LIKE TO MAKE A MOTION TO AMEND THE PROPOSED 20 2425 BUDGET FOR THE HAYS CALDWELL WOMEN'S CENTER, BY AN ADDITIONAL $15,000 TO COME OUT OF THE GENERAL FUND. SECOND MOTION BY COUNCILMEMBER HEIZER, SECONDED BY COUNCIL MEMBER HARRIS. THAT WE AMEND THE BUDGET BY 15,000 FOR THE HAYS CALDWELL WOMEN'S SHELTER CENTER IS THERE A DISCUSSION ON THAT MOTION? I'M GOING TO SAY IT WRONG EVERY TIM. SO NOTE THAT WE DID NOT INCREASE THE BUDGET. WE MOVED FROM ONE CATEGORY TO ANOTHER. YES. BALANCED PROPOSAL. COUNCILMEMBER ZUNIGA YEAH, SO JUST FOR THE RECORD, I HAD MADE A LOT OF SUBSTANTIAL AMENDMENTS LAST BUDGET. THOSE WERE NOT APPROVED, JUST LET THE RECORD REFLECT THAT, AND THIS IS WHERE IT GETS A LITTLE TRICKY. AND RESPECTFULLY, MAYOR, WE'RE GOING TO GO THROUGH SOME NUMBERS, SO DON'T GET OVEREXCITED OR DON'T GET EXCITED BECAUSE I NEED I NEED CLARIFICATION ABOUT THIS.

SO CAN WE VOTE ON THIS AMENDMENT. LET'S GET THIS ONE. YEAH. LET'S GET YOURS DONE OKAY.

AND I STILL HAVE ONE MORE THING. OH WELL GO AHEAD. ALL RIGHT. ALL THOSE IN FAVOR SAY AYE. AYE AYE.

ALL OPPOSED. ALL RIGHT. MOTION CARRIES 7 TO 0. ALL RIGHT. AND THE AND THE OTHER THING IS AND I DON'T HAVE A NUMBER. SO IT'S THIS IS SOMETHING THAT'S GOING TO HAVE TO COME BACK AT A LATER DATE. BUT I WOULD LIKE TO PUT THE WHEELS IN MOTION FOR, OR TO ASK FOR YOUR SUPPORT FOR STAFF TO PUT TOGETHER A PROPOSAL ON A SATELLITE LIBRARY ON THE EAST SIDE. WITHOUT HAVING AN IDEA AS TO HOW MUCH IT WOULD COST. IT'S CAN'T REALLY MAKE ANY SORT OF CHANGES TO A BUDGET. SO, I WOULD LIKE TO MAKE A MOTION TO DIRECT STAFF TO PUT TOGETHER A PROPOSAL FOR THE CREATION OF A SATELLITE LIBRARY ON THE EAST SIDE OF KYLE EAST. BEING EAST OF 35. DO YOU ALL HAVE THOUGHTS ON THAT? COUNCILOR TOBIAS? OKAY. IT KIND OF GOES BACK AND FORTH NOW, WHEN WE WERE ORIGINALLY TALKING ABOUT DOING A COMMUNITY CENTER WITH A LIBRARY, AND THEN THAT GOT TAKEN OFF THE TABLE BACK IN JUNE, AND THEN THE SPORTSPLEX WAS THEN INTRODUCED, SO IT'S LIKE WE'RE GOING BACK TO THE DRAWING BOARD AGAIN. FOR A LIBRARY WHEN WE SHOULD HAVE BEEN. I GUESS, ADVOCATING FOR THAT FOR THE ENTIRE YEAR. SO YOU KNOW, YOU LOOK AT THE BUDGET HERE, MR. HEIZER, WHEN YOU LOOK AT THE CIP SPENDING CATEGORY. YES. LINE ITEM NUMBER TWO, SPORTSPLEX HAS BEEN ADDED ON AT 7 MILLION, AND YOU GO TO YEAR TWO, IT GOES TO 21 MILLION. AND THE YEAR THREE, IT GOES TO 20 MILLION. AND THEN YEAR 415. AND THEN THERE WE ARE WITH THE MAGIC NUMBER OF $65 MILLION. SHOULDN'T THAT BE THE NUMBER FOR A LIBRARY VERSUS A SPORTSPLEX? YOU KNOW, IT'S I KNOW IT'S LATE IN THE GAME ON THIS, BUT, WE TALKED ABOUT SOMETHING LIKE THIS DURING THE WORKSHOP. WE TALKED ABOUT, GETTING A, TASK FORCE TO LOOK INTO THIS, AND WE DID HAVE IT. WE ACTUALLY HIRED A CONSULTING COMPANY, TO ACTUALLY LOOK INTO THAT, THE PLANS AND SO FORTH. SO A PLAN HAD ALREADY BEEN IN PROCESS. SO I'M TRYING TO UNDERSTAND WHY. NOW WE NEED TO ASK STAFF TO GO BACK AND LOOK AT A LIBRARY ONCE AGAIN. WELL, THERE ARE THERE'S POSSIBILITIES FOR SOMETHING LIKE THAT IN THE FUTURE, BUT I'M JUST TRYING TO UNDERSTAND NOW WHY WE'RE GOING THAT ROUTE. WHEN WE HAD ALL THIS YEAR TO REALLY ADVOCATE FOR SOMETHING LIKE THAT. WELL, I UNDERSTAND THE, THE SENTIMENT, BUT I DON'T NECESSARILY AGREE WITH, THE PERSPECTIVE BECAUSE WHAT WE HAD DISCUSSED WAS THE CREATION OF A MAIN LIBRARY, THAT IS NOT WHAT I AM SUGGESTING RIGHT NOW. WE TALKED ABOUT THE CREATION OF A MAIN LIBRARY AND POTENTIALLY REPURPOSING THE EXISTING LIBRARY TO BE FOR EITHER USE OF OUR PARKS DEPARTMENT OR THE SENIORS SO THAT WAS THAT'S NOT EXACTLY WHAT

[02:10:04]

THE DISCUSSION WAS. I DO UNDERSTAND YOU ARE CORRECT. WE DID HAVE PREVIOUS DISCUSSIONS ABOUT A LIBRARY, BUT WE WERE TALKING ABOUT MAKING A MAJOR INVESTMENT, A BOND FUNDED INVESTMENT TO CREATE A MAIN LIBRARY. AND THAT IS SOMETHING THAT I WAS NOT IN FAVOR OF DOING AT THE TIME. AND I STILL AM NOT, WHICH IS WHY I'M SUGGESTING THAT WE LOOK AT A SATELLITE LIBRARY, WHICH WOULD BE A BUILDING THAT WOULD BE FOR OUR RESIDENTS TO USE. SO IT'S CLOSER TO WHERE THEY RESIDE ON THE EAST SIDE. GIVEN HOW LONG IT TAKES TO GET TO OUR EXISTING LIBRARY. TRUE, TRUE ON THAT IN, WE DID WANT TO GO TO A BOND ON THE LIBRARY, BUT WE DECIDED NOT TO GO WITH A BOND ON THE SPORTSPLEX, BUT IT'S NOW ADDED INTO THE BUDGET. SO YOU KNOW, WE GOT TO REALLY DECIDE, OKAY, YOU KNOW, WE CAN'T BE GOING BACK AND FORTH AND SAYING, THIS IS SOMETHING THAT'S VITAL FOR THE CITY. THIS IS THE NEEDS THAT WE WANT. BUT AGAIN, IT SEEMS LIKE WE'RE WE'RE NOT REALLY LISTENING TO WHAT OUR RESIDENTS HAVE BEEN ASKING FOR OR COULD BENEFIT FROM, WELL, YOU KNOW, I'M ALL FOR THE TRUST ME. LIKE I SAID, I GET YOU, I GET IT. I UNDERSTAND, YOU KNOW, YOU'RE BRINGING A PROPOSAL FOR THE LIBRARY. BUT, YOU KNOW, AND I'M VERY SUPPORTIVE OF THAT, BUT I'M TRYING TO UNDERSTAND AT THIS SPECIFIC TIME, AFTER WE'VE TALKED ABOUT IT, WE'VE PAID OVER $120,000, $150,000 ON GETTING CONCEPT DESIGNS. WE SHOT THAT DOWN AND WENT WITH THE SPORTSPLEX BECAUSE THAT WAS MORE MONEY DRIVEN. AND THEN NOW WE'RE GOING BACK AND SAYING, OKAY, LET'S START LOOKING AT A LIBRARY NOW. WELL, I JUST WANT TO SAY ONE THING. WE ARE NOT GOING TO BE ABLE TO SOLVE THE QUESTION OF, ARE WE GOING TO DO THAT OR A LIBRARY NOW? AND IF YOU MOVE THE MONEY AROUND IN THE BUDGET, IT HAS NO IMPACT BECAUSE WE HAVE TO MAKE THE ACTUAL STEPS TOWARDS CULTIVATING ONE OF THESE PROJECTS. WE HAVE A LOT OF OTHER PROJECTS. WHAT WE DID, WHAT WE STATED VERY CLEARLY WITH THE 65 IS THAT WE'RE GOING TO PUT THAT ON HOLD. SO YES, IT STAYS IN THE LONG TERM CIP FOR NOW, BUT WE'VE GIVEN THAT DIRECTION. WE'RE GOING TO FOCUS ON THE INITIAL SMALLER OUTDOOR VOTER BOND APPROVED PORTION OF THE SPORTSPLEX WHILE CULTIVATING OTHER OPTIONS AND MAKING THOSE DETERMINATIONS AT A LATER DATE. THE REAL MEAT AND POTATOES OF THE BUDGET IS NOT IN THE FIVE YEAR CIP, BECAUSE THAT'S REALLY DOLLARS THAT, ESPECIALLY THE 65 MILLION. WE DO NOT HAVE ANY FUNDING SOURCE IDENTIFIED FOR THAT. IT'S NOT IT'S NOT AN ACTUAL EXPENDITURE THAT IS LINED UP IN THE BUDGET. IT IS STILL CARVED OUT FOR THAT 65 MILLION.

YOU HAVE TO GO ASK THE VOTERS IF YOU'RE GOING TO GO FOR A LARGE BOND FOR A LIBRARY TO YOU HAVE TO GO FOR THE VOTERS. BUT THE SATELLITE LIBRARY PROPOSAL WOULD BE SOMETHING WE COULD ENGAGE WITH, DISCUSS, CULTIVATE, BUT NOT AT SECOND READING OF THE BUDGET. IT'S JUST NOT GOING TO WORK IN ANY OF THESE THINGS WE NEED TO FOCUS ON. IN MY OPINION, THE NUTS AND BOLTS OF WHAT WE'RE ABOUT TO SPEND IN THE BUDGET OVER THIS NEXT FISCAL YEAR, INCLUDING THE CIP DOLLARS AS WELL. AND I AGREE WITH YOU, MR. HEIZER, AND I'M SUPPORTIVE OF THAT. I'VE GOT SOME IDEAS MOVING FORWARD THAT I COULD PROBABLY BRING TO THE CITY ABOUT THE JUST THE DISCUSSIONS, NOT OVER ON THE ON ANY OF THESE ITEMS. WE'RE GOING TO CONTINUE CULTIVATING A VARIETY OF PROJECTS AND PROPOSALS. WE'RE JUST NOT GOING BE ABLE TO DO IT AT SECOND READING OF THE BUDGET. IF I COULD, JUST TO ADD A LITTLE CONTEXT, WE ARE WORKING ON A PARKS MASTER PLAN. WE'RE ALSO HAVING A LIBRARY MASTER PLAN THAT WE BRING FORWARD. SO AS WE BRING THOSE DOCUMENTS FORWARD, LOTS OF OPPORTUNITIES FOR INDIVIDUAL PROJECTS AND INDIVIDUAL FACILITIES TO HAVE THAT DISCUSSION LATER ON. AND GOING BACK TO THE SPORTSPLEX. ITEM. AS YOU MAY RECALL, I HAD TO PROPOSE MY BUDGET AT THE END OF JULY. COUNCIL MADE A DECISION IN EARLY AUGUST TO NOT MOVE FORWARD WITH AN ELECTION AFTER I'D ALREADY PROPOSED THE BUDGET. SO THAT'S THE REASON THOSE DOLLARS ARE IN THERE. BUT THE MAYOR IS EXACTLY RIGHT. THERE'S NO FUNDING SOURCE ASSOCIATED WITH IT BECAUSE THERE IS NO BOND ELECTION. THAT'S OCCURRING. THAT WAS THE DECISION THAT MATTERED, RIGHT? BUT WHY ISN'T IT AMENDED TO REMOVE IT OUT OF THE CIP PLAN? I MEAN, IF WE WEREN'T ABLE TO GET THE BOND, WE DIDN'T PUT IT ON A BOND. IT WAS 65. BUT WE STILL HAVE IT IN THE CIP, WHETHER WE HAVE THE FUNDING SOURCE OR NOT. IT'S NOT REALLY WHAT WE HEARD BACK THAT WE WANTED TO DO AND MOVE FORWARD WITH. SO IT SEEMS TO ME LIKE IT'S STILL BEING PUT IN THERE FORCEFULLY IN THERE. SO WHY ISN'T IT AMENDED TO REFLECT THAT WE DON'T WE DON'T HAVE IT

[02:15:02]

BECAUSE WHAT I DO REMEMBER WAS THE JULY 7TH MEETING. WE SAID, GO AHEAD WITH THE 33 MILLION THAT WE DID HAVE FUNDING FOR. WE DIDN'T SAY THAT EITHER. THAT WASN'T THE THAT WASN'T THE VOTE WE TOOK THAT WAS I DON'T THINK SO. IF I PULL IF I PULL THE PRESENTATION FROM JULY 7TH, IF THE STAFF KNOWS I'M NOT TRYING TO GET I'M NOT TRYING TO GET YOU. I'M JUST SAYING I DON'T THINK THAT'S THE VOTE THAT WE TOOK. I THINK I THINK THE VOTE WE TOOK WAS TO CONTINUE CULTIVATING THE MASTER PLAN. IT WAS FOR THE 33. SO 2020 GENERAL OBLIGATION FUNDS, 14 MILLION EXISTING TERS AND OTHER FUNDING, 16 MILLION EXISTING AND UNDERNEATH THAT, MR. MAYOR, IT SAYS CROMWELL ROAD AND BEAUTIFICATION ROADS ROUNDABOUT LANDSCAPING. AND THEN IT SAYS RECLAIMED WATER SYSTEM 3 MILLION EXISTING. SO WE KNEW THAT WE HAD THAT AND WE SAID PROCEED WITH THAT. BUT I DID NOT REMEMBER SAYING 65 CIP. SO THAT ADDS A QUESTION THAT I HAVE IS, ARE WE REALLY DOING 65 IN THE CIP OVER FIVE YEARS? PLUS THIS 33 THAT WE HAVE FUNDING FOR? IS IT A TOTAL OF 98 MILLION? NO, SIR. SO LET ME LET ME REFRESH SOMETHING THAT WE DISCUSSED FROM THE DAIS. THE CITY MANAGER IS ABSOLUTELY CORRECT. HIS RECOMMENDED BUDGET INCLUDED. AT THE TIME WE WERE DISCUSSING COUNCIL WAS DISCUSSING MOVING FORWARD WITH THE BOND ELECTION IN NOVEMBER FOR SPORTSPLEX. SO THAT'S WHERE THAT PROJECT CAME ABOUT. AND IF YOU LOOK IN THE CIP BUDGET, IT CLEARLY IDENTIFIES IT AS A FUTURE BOND FUNDING SOURCE. SO THERE IS NO MONEY FOR THAT PROJECT, WHETHER THAT STAYS IN THE SPENDING PLAN OR IT GETS PULLED OUT AS AN AMENDMENT FOR FROM COUNCIL TONIGHT. THE UNDERSTANDING WE HAD WAS THAT WE WERE TAKING A PAUSE. COUNCIL WAS GOING TO GET AN OVERVIEW OF THE PARKS PROGRAM FROM THE NEW PARKS DIRECTOR. I BELIEVE THAT'S GOING TO BE AT THE NEXT COUNCIL MEETING. THAT COUNCIL WILL HAVE A BETTER UNDERSTANDING WHAT'S ON THE PROGRAM. FOR PARKS PROGRAM SPENDING, YOU WOULD HAVE A BETTER UNDERSTANDING OF ALL THE FUNDING SOURCES AT THAT TIME. AND THEN WHATEVER THE DIRECTION IS ON THE SPORTSPLEX, IT CAN BE TAKEN OUT AT THAT TIME. IT CAN BE TAKEN OUT TONIGHT, BUT IT HAS ABSOLUTELY NO FUNDING WHATSOEVE.

IT'S JUST A PLACEHOLDER IN THE SPENDING PLAN. RIGHT. BUT WE SAID THE SAME THING ABOUT LAKE KENSINGTON THAT WE'RE GOING TO FULLY FUND IT. AND I DON'T SEE THAT FUNDING SOURCE IDENTIFIED HERE OR THE OR THE SENIOR CENTER THAT WE WANT TO FUND. SO THERE'S NO MONEY FOR THOSE THINGS IN THIS BUDGET THAT I SEE. SO THERE IS $25 MILLION FOR THE PARKS IMPROVEMENT PROGRAM IN THE FIVE YEAR WINDOW. WHAT YOU DON'T HAVE IS SPECIFIC PROJECTS THAT WILL USE UP THAT MONEY. THE NEW DIRECTOR IS SUPPOSED TO COME BACK BEFORE COUNCIL WITH A PROGRAM, A MASTER PLAN. SO LAKE KENSINGTON HAS NO FUNDING SOURCE TO REALLY MAKE IT A GOLDEN STANDARD PARK. SO THAT, IS A PROJECT THE COUNCIL WANTS TO MOVE FORWARD WITH WHEN MR. LOPEZ COMES AND TALKS TO THE COUNCIL ABOUT HIS PARKS PROGRAM, YOU'LL SEE THAT MOVING FORWARD AS AN RFQ TO SELECT THAT DESIGN CONSULTANT AND MOVE THAT PROJECT FORWARD. IT'S DEFINITELY SOMETHING THAT WE'RE DOING. BUT AS PERVEZ SAID, THERE'S A LOT OF MOVING PARTS IN THE PARKS MASTER PLAN TO LOOK AT HOW WE'RE GOING TO FUND ALL THOSE ELEMENTS MOVING FORWARD. BUT THAT PROJECT, WE'RE MOVING FORWARD WITH THE DESIGN, GETTING THE DESIGN AND STARTING ADVANCING THE PROJECT FORWARD. RIGHT. SO I'M JUST TRYING TO BE CLEAR TO THE VOTERS AND THE COMMUNITY, IF THIS IS A PRIORITY PROJECT TO BUILD THE SPORTSPLEX. AND LET'S BE CLEAR THAT THAT'S WHAT WE WANT TO DO AS A CITY, IF THAT IS WHAT WE'RE DOING AND NOT, PUT IT IN AFTER WE DISCUSS NOT BONDING FOR IT. SO I THINK THAT TRANSPARENCY HERE NOT LET'S BE CLEAR ABOUT WHAT WE'RE DOING. IF WE'RE GOING TO GO IN THIS PATH, THEN THAT'S THE PATH, NOT IT'S THERE. I MEAN, JUST JUST FROM MY PERSPECTIVE, THAT'S ALL. I HAVE A QUESTION BECAUSE PARTIALLY SO UNDER THE NEW PROJECT FOR CIP, WE HAVE FOR 2025 A $7 MILLION UNDER THE SPORTSPLEX. WHY WOULD THAT GO TO SO THAT PROJECT, WHEN THE CITY MANAGER PROPOSED HIS RECOMMENDED BUDGET, THE DISCUSSION WAS THAT WE'RE GOING TO THE VOTERS IN NOVEMBER SO

[02:20:02]

THAT WAS THE ASSUMPTION, UNDERLYING ASSUMPTION. SO THE $65 MILLION IS ALLOCATED OVER THE FIVE YEAR PERIOD, $7 MILLION IN 2025 WAS STAFF'S BEST ESTIMATE FOR SURVEY APPRAISALS.

DESIGN. THOSE KINDS OF EARLY WORK FOR THE FIRST YEAR OF THE FIVE YEAR. BUT AT THIS TIME, NOT EVEN THE 7 MILLION IS AVAILABLE. IT'S ONLY SUBJECT TO A FUTURE BOND AUTHORITY GIVEN TO US BY THE VOTERS. SO COUNCIL HAS TWO OPTIONS TONIGHT. YOU CAN LEAVE IT AS IS UNFUNDED AND AMEND IT LATER. WHEN COUNCIL DOES DECIDE TO DO WHATEVER YOU ALL WANT TO DO, WHETHER WE GO TO THE VOTERS OR NOT, OR YOU CAN TAKE IT OUT AS AN AMENDMENT TONIGHT. SO THAT'S WHAT I WAS GOING TO ASK NEXT. CAN WE APPROVE THE BUDGET, TAKING OUT ANY FUNDING THAT WE HAVEN'T EVEN IDENTIFIED FOR THE SPORTSPLEX? THAT IS PUTTING HERE AS A PLACEHOLDER? YES, YOU CAN AMEND THE PROPOSED BUDGET TO REMOVE THAT PROJECT FROM THE CIP SPENDING PLAN. IS THAT SOMETHING THAT WILL SATISFY YOUR QUESTIONS, MIGUEL? I MEAN, I THINK SO. I MEAN, BECAUSE WE CAN ALWAYS DO THE OUTREACH AND SEE HOW IT IS. WE STILL HAVE THE 14. AND I THINK THERE WAS ALREADY THREE. THE RECLAIMED WATER.

THERE'S ENOUGH THERE TO GET A GOOD VIEW OF WHAT THIS IS GOING TO LOOK LIKE. AND THEN IF WE HAVE MORE MONEY IN OUR BUDGET, WE CAN CONSIDER IT. IT'S WE'RE NOT KILLING IT. AND THEN WE CAN REALLY CONVINCE THE COMMUNITY OF THIS IS AN ECONOMIC THING, THAT THE CITY IS REALLY WANTS TO BE FULLY VESTED IN. BUT WE CAN TAKE THAT PATH WITH THE BUILDING THAT RELATIONSHIP, SO THAT WE'RE ALL ON THE SAME PAGE ABOUT IT. BECAUSE RIGHT NOW IT DOESN'T FEEL LIKE WE'RE ON THE SAME PAGE BECAUSE 65 WAS WHAT WE WERE GOING TO GO FOR. WE SAID, NO, LET'S PUT IT ON PAUSE. LET'S NOT PUT IT ON PAUSE. BUT THERE'S STILL 65. WE JUST DON'T HAVE THE MONEY FOR IT. BUT I'M SORRY, I WASN'T TRYING TO INTERRUPT. BUT TO YOUR POINT, BECAUSE IT DOES SHOW IN THERE UNDER CIP, RIGHT? FOR THE NEXT FIVE YEARS. SO ALL WE WILL BE DOING WILL BE WHEN THE TIME COMES TO APPROVE THE BUDGET WITH THE AMENDMENT THAT WE WILL BE REMOVING THE SPORTSPLEX FACILITY FROM THE CIP, IS THAT CORRECT? WELL I CAN I CAN CUT TO THE CHASE. I'M WILLING TO REMOVE IT TOO. I DON'T I DON'T REALLY THINK BECAUSE IT DOES IT'S NOT RELEVANT. SO I GOT TO BE I GOT TO FOLLOW MY OWN ACTIONS. IF I SAY IT DOESN'T MATTER, IT DOESN'T MATTER. BUT I'M JUST GOING TO TELL YOU, YOU KNOW, IT'S BEEN NOTED. I DO WANT TO PURSUE AND CULTIVATE, BUT WE HAVE WE HAVE ROUGHLY WITH ALL THE VARIOUS PROPOSALS. THE RECLAIMED WATER, IT'S PART IS CASH FUNDED, PART IS A BOND FUNDED FROM THE CITY, PART IS BOND FUNDED FROM THE COUNTY.

IT'S A TOTAL OF 30 TO 33 MILLION, NOT ALL INTO FIELDS BUT INTO SOME OF THAT INFRASTRUCTURE. ARE WE STILL MOVING FORWARD WITH THAT PROPOSAL? WOULD BE ONE PART OF THIS. AND THEN THE WELL IS ARE WE STILL GOOD WITH THAT? TAKE THE 65 AMOUNT AND KEEP GOING WITH THAT. I REMEMBER THE VOTE WAS FOR ON JULY 17TH. I WOULD LIKE CLARIFICATION BECAUSE I COULD BE WRONG. I, I DISTINCTLY REMEMBER WE DIDN'T TAKE THAT ACTION, BUT I COULD BE 33. WELL, I THINK, THERE'S SEVERAL LAYERS TO THIS. THE COUNCIL HAD APPROVED A CONTRACT WITH STANTEC TO DO THE MASTER PLANNING FOR THE OUTDOOR SPORTSPLEX, AND I THINK THAT WAS $500,000 OR SO IS ROUGHLY THE CONTRACT FOR THAT. SO THAT WAS APPROVED BY THE COUNCIL, AT LATER ON, WE CAME BACK, WE ADDED ANOTHER 200,000 OR SO FOR THE PARKS MASTER PLAN. WE HAD THAT ADDITIONAL DISCUSSION ABOUT THE SPORTSPLEX, THE 65 MILLION. AND THEN THE DISCUSSION WAS NOT NECESSARILY TO NOT DO IT EVER, BUT TO NOT PROCEED WITH THE BOND AT THIS TIME THAT WAS THE DISCUSSION THAT I RECALL HAVING ON THAT FOR THE OUTDOOR SPORTSPLEX. WE'RE INTENDING TO STILL MOVE FORWARD WITH SOME ASPECTS OF THAT PROGRAM. WE NEED TO BRING THAT BACK TO YOU. THERE'LL BE MANY DISCUSSIONS, A LOT OF PUBLIC OUTREACH, AND YOU'LL HAVE MANY DISCUSSIONS ON THAT. BUT THAT IS MOVING FORWARD. THERE WAS NOT A VOTE PER SE THAT I RECALL ON THAT PARTICULAR ITEM. RIGHT. I ASKED YOU, BUT YOU BUT YOU'D ALREADY HAD A CONTRACT APPROVED WITH STANTEC TO DO THAT WORK. SO IT IS PROGRESSING, RIGHT? I WAS CONFUSED THAT NIGHT BECAUSE WE DIDN'T MOVE FORWARD WITH THE BOND PROPOSAL, BUT I ASKED YOU, DO WE NEED TO TAKE A VOTE? YOU SAID NO AND MR. HEIZER HAD SAID, CAN WE JUST PROCEED WITH THE 33 THAT'S ALREADY IN THE FUNDING? AND I THINK WE ALL SAID, YEAH, WE'RE WILLING TO GO THAT FAR. BUT IT'S JUST TOO CONTROVERSIAL RIGHT NOW TO SEE 65 AND THE CIC.

LET'S DO IT. I'LL MAKE A MOTION TO AMEND THE FIVE YEAR CIP BUDGET AND REMOVE THE $65 MILLION ALLOCATED FOR AN INDOOR SPORTS PLEX. SECOND MOTION BY MAYOR SECONDED BY COUNCIL MEMBER PARSLEY. IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? ALL

[02:25:05]

RIGHT. MOTION CARRIES 7 TO 0. SO THAT DROPS THE 7 MILLION OUT OF THE 248. IT WILL REDUCE THE FIRST YEAR SPENDING AMOUNT. IT WILL ALSO REDUCE THE FIVE YEAR SPENDING AMOUNT. OKAY. SO BUT I ALSO WANT TO COME BACK TO YOUR OTHER POINT YOU JUST MADE ABOUT LAKE KENSINGTON. SO I DON'T THINK THE $25 MILLION IS WHERE THE FUNDING FOR LAKE KENSINGTON SHOULD COME FROM. I THINK THAT SHOULD BE A STANDALONE, IMMEDIATE YEAR ONE CIP, AND I THOUGHT WE HAD IT IN THERE FOR 17 MILLION, WHICH IS ROUGHLY THE AMOUNT THAT WE SPENT ON HEROES MEMORIAL PARK AND LA VERDE COMBINED, WHICH IS WHERE THAT NUMBER CAME FROM. TO SET AN INITIAL BUDGET IS THAT NOT IN THE BUDGET AT ALL? LET ME ASK ANDY TO LOOK IT UP REAL QUICK, BECAUSE I DO BELIEVE IT IS THE COUNCIL'S WILL TO IMMEDIATELY MOVE FORWARD WITH THAT PROJECT. YES CORRECT? ABSOLUTELY. CHECK THE CIP SPENDING PLAN FOR PARKS KENSINGTON. YEAH, I THINK WE ALREADY RFQ FOR IT TO DESIGN IT. NOT NOT THE FULL THING, BUT IT'S IN IT'S IN THE WORKS. BUT I 100% WANT TO MAKE SURE THAT HAPPENS WITH THE FUNDING OF IT. BY THE WAY WOULD BE A CO BOND. ALL RIGHT. SO IT'S A THAT'S THE BOND SOURCE. IT'S NOT A GENERAL FUND. IT'D BE A CO BOND EXPENDITURE. SO IF IT'S NOT I DON'T THINK YOU HAVE TO PULL $17 MILLION WORTH OF PROJECTS IN ORDER TO MAKE THAT HAPPEN. THE 25 MILLION FOR THE PARKS FIVE YEAR PROGRAM, THAT'S ALL CASH FUNDING. THE 17 MILLION FOR LAKE KENSINGTON IS A CO BOND WITH ACREAGE. SO IF YOU'VE GOT ANOTHER ITEM, LET'S GO WHILE THEY'RE LOOKING AT IT I KNOW THAT'S GOING TO BE OUR INTENTION BUT WE CAN HANDLE THAT IN JUST A MINUTE. DOES ANYBODY HAVE ANY OTHER THING TO BRING UP. YEAH OKAY. MAYOR PRO TEM OKAY. MAYOR.

SO, OH, GOD. WE GOT ALL OVER THE PLACE. I FORGOT I WAS GOING TO DO OKAY. SO, I'D LOVE TO. I'D LIKE TO AMEND THE BUDGET FOR FISCAL YEAR 2024, 2025 TO ALLOCATE 15,000 FOR THE HAYS COUNTY FOOD BANK, I WAS GOING TO ASK FOR 20 ORIGINALLY. AND THE 15 KIND OF I KNOW WAS BRINGING UP THE BUDGET QUITE A BIT, BUT THE FIRST YEAR THAT WE FUNDED THE HAYS COUNTY WOMEN'S CENTER, WE FUNDED FOR 15. SO I THOUGHT IT'D BE FAIR TO ASK FOR THE 15. THE REASON WHY I'M ASKING FOR THESE DOLLARS IS BECAUSE THIS IS A SERVICE. I DON'T SEE IT AS CHARITY, WE JUST HAD A PRESENTATION ABOUT THE NUMBERS AND THE WHAT THE HIGH USAGE IS IN KYLE, FOR THE FOOD BANK, AND I WOULD LOVE TO SEE US START DOING OUR PART WITH IT, SO I'M ASKING FOR $15,000 AMENDMENT TO THE 2024, 2025 BUDGET FOR 15,000 FOR THE HAYS COUNTY FOOD BANK. AND I AS I MENTIONED AGAIN, I REALLY BELIEVE THIS IS A SERVICE. THIS ISN'T CHARITY. THIS IS A SERVICE THAT THIS IS AN ENTITY THAT PROVIDES SERVICE TO OUR COMMUNITY. AND I THINK IT'S IMPORTANT THAT WE START PUTTING OUR CHAIR. I KNOW CURRENTLY SAN MARCOS FUNDS ABOUT $100,000 A YEAR TOWARDS THE FOOD BANK, SO I'D LOVE TO SEE US START SOMEWHERE. YOU SURE YOU DON'T WANT TO DO 101? NO. I WOULD BE HAPPY TO SECOND THAT. YEAH. I THINK IF THERE'S ANY OTHER ORGANIZATION THAT WE WOULD COLLECTIVELY AS A, AS A COUNCIL, HAVE SUPPORTED REALLY WELL AND HAS PROVIDED THOSE SERVICES THROUGH THE YEARS, IT'S NOT SOMETHING NEW AND OUT OF THE BLUE. IT'S DEFINITELY A STAPLE SERVICE. I AGREE WITH YOU. YEAH. AND WE THINK ABOUT HOW MUCH THE FOOD BANKS HAVE HELPED OUR COMMUNITY. I MEAN, WE GO BACK TO, YOU KNOW, THE PANDEMIC WHEN PEOPLE WERE OUT OF WORK AND CENTRAL TEXAS FOOD BANK CAME IN AND DID FOOD DISTRIBUTIONS ON A MONTHLY BASIS. AND EVEN DURING THE WINTER STORM, THEY CAME OUT AND PROVIDED AN EMERGENCY SERVICE FOR US AS WELL. SO THIS IS SOMETHING THAT OUR COMMUNITY HAS HAS REALLY BENEFITED FROM. AND I THINK IT'S SOMETHING THAT MOVING FORWARD, WE'VE GOT TO CONTINUE TO MAKE SURE WE'RE DOING OUR PART TO HELP THEM AS WELL. I'LL NEVER SAY ANYTHING AGAINST ANYTHING LIKE THAT, MR. RIZZO. THANK YOU. MOTIONS YOU MADE A MOTION. MOTION. I SECOND IT. SORRY. I WAS, MOTION BY MAYOR PRO TEM, SECONDED BY COUNCIL MEMBER HARRIS, THAT WE APPROVE, AMEND THE BUDGET BY $15,000 FOR THE HAYS COUNTY FOOD BANK AND TAKE THAT FROM THE GENERAL FUND BALANCE. IS THERE DISCUSSION ON THAT MOTION? ALL THOSE IN FAVOR SAY AYE. AYE, AY. ALL OPPOSED. MOTION CARRIES 7 TO 0. THANK YOU. COUNCIL. ANY OTHER ITEMS? THERE COUNCILMEMBER TOBIAS, IS THERE A WAY TO WHERE WE CAN AMEND THE BUDGET FOR NUMBER SIX STREET IMPROVEMENTS TO ADD 220,000, FROM THE 7 MILLION WE TOOK OUT, IF THAT'S THE WAY TO MAKE IT AN EVEN 5 MILLION FOR STREET IMPROVEMENTS. NUMBER SIX. I'M SORRY. I'M I'M

[02:30:02]

TRYING. WE HAVE IT RIGHT NOW. IT'S AT 478 FOR 780. AND AND IF WE JUST INCREASE IT BY 220, FOR ALLOTTING THE MONEY THERE, BECAUSE NEXT YEAR WE'RE GOING TO START HAVING CONSTRUCTION. I KNOW, FOR SOME OF OUR ROADS. AND IF WE COULD JUST HAVE A LITTLE BIT OF LEEWAY OR EXTRA PENNIES IN THE BANK IN CASE WE NEED TO BE ABLE TO IDENTIFY CERTAIN STREETS THAT NEED WHETHER IT'S RESURFACING OR, POTHOLES. WE NEED TO KIND OF GET FIXED. WE'D HAVE THAT ADDITIONAL FUNDING FOR THERE. SO I WANT TO BE ABLE TO AT LEAST INCREASE OUR STREET IMPROVEMENTS BUDGET FOR NEXT YEAR. COUNCILMAN. COUNCIL MEMBER. JUST A QUICK REMINDER, THE $7 MILLION REALLY DIDN'T EXIST, SO THERE'S NO MONEY TO IT'LL HAVE TO COME FROM ANOTHER PROJECT. WELL, CAN YOU CAN YOU CAN YOU SPEAK TO THE BASE REQUEST, THOUGH, OF INCREASING THE STREETS? IS IT THE STREETS MAINTENANCE OR IS IT THE STREETS CONSTRUCTION? IT'S THE STREET IMPROVEMENTS ON SIX. AND IF NOT, IF WE DON'T HAVE THE FUNDING FOR THAT, THEN OF COURSE I'LL LOOK INTO IT FOR NEXT. FOR NEXT YEAR.

BUT I WAS JUST TRYING TO GET IT FROM 470 TO AT LEAST AN ADDITIONAL 200 TO MAKE IT AN EVEN 5 MILLION ACROSS THE BOARD STREET, AND TRAFFIC IS 4.7 MILLION CURRENTLY IS THE BUDGET.

AND YOU'RE TRYING TO GET IT UP TO 5 MILLION. YES, SIR. OKAY, SO JUST TO SPEAK TO THOSE NUMBERS FOR A MOMENT. SO WE DO THE PAVEMENT CONDITION INDEX. WE DID A FORMAL REPORT AND BACKED INTO THE NUMBER THAT WE NEEDED TO MAINTAIN STREETS AT TO KEEP OUR SCORE AT THE SAME LEVEL GOING FORWARD. SO THAT'S A THAT'S A CALCULATED FIGURE TO DO THAT. AND IN ADDITION TO THAT WE IDENTIFIED A NUMBER OF OTHER PROJECTS AROUND THE CITY TO GET FUNDED. WE CAN CERTAINLY DO MORE PROJECTS, BUT THAT'S HOW THE STAFF ARRIVED AT THAT FIGURE. IT WAS A CALCULATED CALCULATION TO GET THERE RATHER THAN JUST A ROUND FIGURE. WE CAN CERTAINLY DO MORE, BUT I WANTED TO MAKE SURE YOU WERE CLEAR ABOUT HOW WE ARRIVED AT IT. OKAY, MAYBE WE COULD GET SOME ANALYSIS AS TO WHAT YOU MIGHT DO WITH THE ADDITIONAL MONEY. MAYBE NOT RIGHT NOW, BUT LIKE, YEAH, JUST MAKING SURE THAT THAT'S PROPERLY FUNDED. AND IF THERE'S ANYTHING THAT YOU NEED IN THAT PARTICULAR LINE ITEM AND IF WE'RE USING THE FULL 470, THEN NEXT BUDGET SEASON IF WE NEED TO INCREASE IT, I WAS TRYING TO INCREASE IT NOW, BUT IF YOU'RE STATING WE'RE GOING ON A SPECIFIC SCALE AND YOU ALREADY HAVE PROJECTS ALIGNED, THEN YOU'RE RIGHT, SIR, WE WOULD HAVE TO PULL FROM ONE TO ANOTHER, WHICH I DON'T WANT TO DO, BUT IT WAS JUST, I KNOW STREETS AND ROADS ARE THE NUMBER ONE ISSUE IN OUR IN OUR COMMUNITY. AND SO AND WE'VE GOT OUR ROAD BOND. A LOT OF OUR ROADS ARE GOING TO START CONSTRUCTION NEXT YEAR. AND YEAR TWO, IT'S GOING TO BE CRAZY. BUT I JUST WANT TO MAKE SURE WE HAD ENOUGH FUNDING FOR THAT. OKAY. ANY OTHER ITEMS OR REQUESTS MOTIONS. DO YOU WANT TO WAIT TO HEAR ABOUT THE LAKE? OH YEAH. LAKE KENSINGTON. WHAT DO WE GOT? YEAH, I FORGOT ABOUT IT. SO JUST WHILE WE'RE WAITING, I'D LOVE. OR ARE YOU READY? YEAH. SO THERE IS NOT A SPECIFIC CIP PROJECT CALLED LAKE KENSINGTON. HOWEVER, WE HAVE $25 MILLION SET ASIDE FOR PARK IMPROVEMENTS. AND THAT'S WHAT THE MASTER PLAN IS GOING TO. THE NEW DIRECTOR IS GOING TO COME BACK AND PRESENT TO YOU ALL WHAT MAKES UP WITH THOSE FOR THOSE $25 MILLION? AND LAKE KENSINGTON IS GOING TO BE ONE OF THOSE PROJECTS THAT WILL BE FUNDED. I THINK IT DOES NEED TO BE AN ADDITIONAL PROJECT. SO I THINK THAT I'D LIKE TO I'D LIKE TO MAKE A MOTION TO AMEND THE CIP PLAN AND TO OVER THE NEXT TWO YEARS, ALLOCATE ROUGHLY OR EXACTLY 17 MILLION IN THE BUDGET FOR THE LAKE KENSINGTON PROJECT, WITH FUNDS TO BE IDENTIFIED AS CERTIFICATE OF OBLIGATION BONDS. SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER HEIZER. IS THERE A DISCUSSION ON THAT MOTION JUST TO MAKE SURE WE ARE WE WON'T BE HAVING OR ALLOCATING ANY FUNDS FOR THE NEXT FISCAL YEAR. IT WILL BE OVER THE NEXT TWO YEARS TO BE ADDED TO THE CIP. TWO YEARS IS MY EXPERIENCE IS EVEN THAT IS AGGRESSIVE. YOU JUST CAN'T SPEND MONEY AS FAST AS YOU WANT. YOU CAN'T. JUST MAKING SURE THAT I DON'T WANT ANYBODY TO UNDERSTAND THAT WE ARE JUST LIKE ALLOCATING MONEY RIGHT NOW, BECAUSE WE DON'T EVEN KNOW WHERE THE WELL, I KNOW IT'S GOING TO COME FROM THE 25 MILLION, BUT IT'S JUST LIKE THE JUST LIKE THE SPORTSPLEX 65. IT'S EXACTLY THE SAME SITUATION, EXCEPT THAT WE DO HAVE THE ABILITY TO TAKE A VOTE AND ISSUE IT SO WE CAN MOVE FORWARD WITH CONFIDENCE, BECAUSE STATE LAW ALLOWS FOR US TO ISSUE A COE FOR A COMMUNITY PARK PROJECT, PROBABLY 2 TO 3 YEARS. IT TAKES US, IF WE STARTED TODAY ABOUT A YEAR TO DESIGN IT.

THERE'S A LOT OF COMMUNITY INPUT AND FEEDBACK. WELL, AND MASTER PLAN. I WOULD LIKE TO SAY THAT

[02:35:01]

WHATEVER WE NEED TO DO TO IMMEDIATELY START THAT PROJECT, I'M READY TO SEE THAT HAPPEN. SO THAT'S THAT'S WHAT YOU'RE RIGHT. THERE'S THE BUDGETS ARE SYMBOLS. IF IN THESE THINGS. AND SO WE DO NEED TO SHOW THAT BECAUSE THAT IS SOMETHING I'M VERY COMMITTED TO. AND I KNOW THE REST OF US ARE AS WELL. SO I DON'T KNOW IF I CAN ASK THIS, BUT I KNOW THAT WE'RE GOING TO HAVE, DAVID DO A PRESENTATION NEXT COUNCIL MEETING. CORRECT. AND WE'RE GOING TO TALK ABOUT THE PARKS.

SO IF WE WERE TO ADD UP LAKE KENSINGTON AS ONE OF THE PARKS THAT WE WOULD LIKE TO START WORKING ON, WOULD WE HAVE TO DO A BUDGET AMENDMENT IF WE WANT TO GO AHEAD AND ALLOCATE FUNDS TO THAT PARK IN THE NEXT YEAR? IF WE HAVE IT IN THE CIP, WE WOULDN'T HAVE TO DO A BUDGET AMENDMENT, BUT WE WILL HAVE TO ADD IT TO THE CIP. SINCE WE'RE ADDING IT. WE JUST DO A BUDGET AMENDMENT. CORRECT. IF YOU'RE ADDING IF YOU'RE WANTING TO DO A SPECIFIC AMENDMENT, A PROJECT IN A PARK, DO YOU NEED A BUDGET AMENDMENT? IS THAT THE QUESTION? SO WHAT I'M I KNOW WE'RE GOING TO HAVE DAVID COME OVER AND DO A PRESENTATION ABOUT PARKS, BUT IF WE WERE TO WANTED TO START DOING SOMETHING FOR LAKE KENSINGTON IN THE NEXT FISCAL YEAR, WE WOULD NEED TO DO A BUDGET AMENDMENT FOR THAT. YEAH, I THINK IT WOULD DEPEND ON THE SCOPE OF IT. IF IT'S JUST KIND OF CLEANING UP THE SIDE A LITTLE BIT, DOING THAT KIND OF WORK, I THINK WE CAN DO THAT WITH OUR EXISTING MAINTENANCE FUNDS AND OPERATIONS. IF IT'S SOME KIND OF PHYSICAL IMPROVEMENT. YES, IT WOULD HAVE TO BE A BUDGET AMENDMENT. BUT WE'LL COME BACK TO YOU WITH THE MASTER PLANNING PROCESS, SOME OF THE NEEDS. THERE'S MANY, MANY PROJECTS THAT ARE GOING TO BE GOING THROUGH.

AND MR. LOPEZ WILL GO THROUGH THAT WITH YOU AT THE NEXT MEETING SO WE CAN HAVE THAT DISCUSSION. I THINK IT WOULD JUST DEPEND. COUNCIL MEMBER PARTIALLY HOW YOU WANT TO DO IT.

THANK YOU. SO PRETTY MUCH WHAT WE'RE SAYING, MAYOR, IS WE'RE JUST ALLOTTING THIS FUNDING FOR THE NEXT TWO YEARS FOR THAT SPECIFIC PROJECT. AND WHEN MR. LOPEZ COMES WITH US, WITH THE MASTER PLAN AND HE WILL COME TO US AND SAYING, HEY, THESE ARE THE IDEAS THAT WE COULD UTILIZE FOR THIS AREA, WHAT CAN BE BUILT OR WHAT CAN BE USAGE. WE BASICALLY WOULD HAVE THOSE DOLLARS IN THE PIGGY BANK KIND OF SENSE. AND THEN IF WE USE IT ALL, WE'D USE IT ALL. IF WE DON'T, THEN IT OF COURSE IT MAY COST LESS, YOU KNOW, BUT IT'S JUST GETTING THE PROJECT GET GOING FOR. RIGHT, IN MY VIEW, THE WAY THE 25 MILLION NUMBER HAS BEEN REPRESENTED, IT'S REALLY ABOUT REHABILITATING OUR EXISTING PARKS. SO THIS IS GREG CLARK PARK, THIS IS LAKE KYLE, THIS IS STEEPLECHASE PARK AND COOL SPRINGS AND A VARIETY OF OTHER PARKS THAT WE NEED TO IMPROVE. SO WE ARE FULLY FUNDING MAJOR IMPROVEMENTS ACROSS OUR EXISTING PARKS. AND LAKE KENSINGTON DOESN'T NEED TO COMPETE WITH THAT. IT IS A NEW IT IS A NEW PROJECT THAT WE'RE GOING TO CULTIVATE OVER THE COURSE. AND I THINK WE SHOULD WE SHOULD SET AGGRESSIVE GOALS FOR GETTING TO WHERE WE NEED, BECAUSE WHY NOT. SO BUT BUT 2 TO 3 YEARS WE SHOULD BE ABLE TO TURN THAT THING AROUND IF WE CAN. YES, SIR. IT'S WORTH THE PURSUIT. YEAH. SO WITH THE MAYOR'S MOTION, WE WILL BE ADDING $17 MILLION TO THE FIVE YEAR CIP SPENDING AND THE SOURCE OF FUNDS WILL BE BORROWED FUNDS BY ISSUING COS. CORRECT. FOR LAKE KENSINGTON. YES, MAYOR. I THOUGHT TWO YEARS, NOT FIVE YEARS. IT'S IN THE FIVE YEAR CIP. IT'LL BE. IT'LL BE WEIGHTED TO THE FIRST TWO YEARS BASED ON THE MOTION. I SECOND THAT MOTION. OKAY. DO WE KNOW WE ALREADY HAD. WE ALREADY VOTED ON IT I THOUGHT. YEAH. NO, WE HAD A MOTION. AND IS IT ON THE TABLE.

YEAH I SECOND IT. YOU YOU MOTION HE SECONDED. AND THEN WE DISCUSSED DISCUSSION. ALL RIGHT.

WELL IF YOU DON'T MIND THIS IS NOT THIS IS NOT NEARLY AS. YEAH. AND THEN MORE OKAY. ANY FURTHER DISCUSSION ON THAT. I JUST WANTED TO ADD THAT YEAH THIS IS A GREAT PROJECT. LOOK HONESTLY, WHEN YOU LOOK AT THE LAKEFRONT PROPERTY THERE, WELL, YOU CALL IT A LAKE, BUT IT'S A BIG TANK, RIGHT? BUT IT'S ONE OF THE DEEPEST TANKS AND LARGEST TANKS HERE IN THE AREA. IT'S A IT'S A BEAUTIFUL PIECE OF PROPERTY, I HAD IT THERE WHEN I WAS YOUNGER. IT WAS. IT WAS GREAT. BACK IN THE DAY. IT WAS. IT'S AN AMAZING PIECE OF PROPERTY FOR THE FOR THE RESIDENTS TO BE ABLE TO COME OUT AND SEE THIS PROPERTY AND TO BE ABLE TO FUNCTION THERE AND, AND HAVE TRAILS AND PARK PLACES.

I MEAN, IT'S GOING TO BE GREAT. I MEAN, I'M HOPING ONE DAY MAYBE SOME KAYAKING, THAT WOULD BE GREAT BECAUSE SOMETHING WE DON'T HAVE HERE, YOU KNOW, BUT HONESTLY, THIS THIS, THIS PARK HAS THE POTENTIAL TO BE ONE OF OUR PREMIER PARKS IN THE CITY OF KYLE. AND I THINK IT'S GOING TO BE AMAZING. THE PREMIER PARK. YEAH. THE PREMIER PARK. YEAH DEFINITELY, STILL, YOU KNOW, I HAVE A SOFT SPOT FOR ANOTHER PARK, BUT. YEAH, DEFINITELY, WHAT DO YOU CALL IT? BUT YEAH, IT'S GOING TO BE THE WATER. WE'RE NOT GOING TO I MEAN, THIS THIS PARK, WE'RE GOING TO SHOW A TRUE INVESTMENT IN THIS AREA AND IT'S GOING TO BE GREAT. IT'S GOING TO BE A BEAUTIFUL PARK.

I'M EXCITED. YEAH. AND IT'S ALSO ABOUT REALIZING, I MEAN, WE JUST BOUGHT THE LAND. WE LITERALLY JUST BOUGHT IT AND IT WAS FOR THIS PARK. SO WE MIGHT AS WELL THE, THE I CAL VISTA PARK COMES BACK TO MIND WHERE YOU ACQUIRE LAND AND SORT OF CULTIVATE A PROJECT AND DON'T HAVE THAT FULL BUY IN AND THEN IT AND THEN IT SLOWS DOWN AND THEN IT AND THEN IT DIES. THIS IS ONE WHERE I BELIEVE WE HAVE UNANIMOUS COUNCIL SUPPORT, AND NOT ONLY FOR WHAT IT IS, BUT FOR THE AMOUNT WE'RE WILLING TO INVEST. SO WE SHOULD WHILE WE HAVE WHILE WE HAVE THIS, WE SHOULD MOVE

[02:40:03]

FORWARD QUICKLY. SO ALL RIGHT, ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE AYE.

ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO 0. ANY ADDITIONAL ITEMS WE WANT TO DISCUSS WITH REGARDS TO AMENDMENTS. ALL RIGHT. WE WANT TO MAKE A MOTION ON THE BUDGET. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE THE 2024 2025 BUDGET AS PRESENTED BY STAFF WITH THE BUDGET AMENDMENTS GOOD ENOUGH FOR US? YES, SIR. SECOND. ALL RIGHT. MOTION BY MAYOR PRO TEM, SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPROVE THE BUDGET AS PRESENTED AND AMENDED. IS THERE DISCUSSION ON THAT MOTION? ROLL CALL VOTE A DISCUSSION REAL QUICK. OH, DISCUSSION. SORRY. FIRST OF ALL, I JUST WANT TO THANK OUR FELLOW COUNCIL, MY FELLOW COUNCIL MEMBERS AND STAFF FOR THE WORK THAT YOU HAVE DONE ON THIS BUDGET. IT'S BEEN MONTHS OF WORK TO BRING THIS FORWARD. I JUST WANT TO THANK YOU ALL FOR ALL YOUR HARD WORK, YOUR DEDICATION, AND THIS BUDGET IS A TRUE REFLECTION OF HOW MUCH YOU ALL CARE ABOUT THE CITY. SO THANK YOU ALL FOR YOUR HARD WORK.

APPRECIATE IT. THANK YOU. ANYONE ELSE? ALL RIGHT. ROLL CALL. VOTE PARSLEY I KEIZER. YES HARRIS.

YES. MITCHELL. YES RIZZO. YES. ZUNIGA YES. TOBIAS. YES. ALL RIGHT. MOTION CARRIES UNANIMOUSLY. CONGRATULATIONS, STAFF AND COUNCIL ON WORKING TOGETHER TO PUT TOGETHER A UNANIMOUS BUDGET. THAT WAS THAT WAS GOOD WORK, WE'RE NOT CLAPPING. ALL RIGHT, NEXT UP,

[37) (Second Reading) Consider approval of an ordinance of the City of Kyle, Texas, setting the ad valorem tax rate (property tax rate) for Fiscal Year 2024-2025 (Tax Year 2024) at $0.4693 per $100 of taxable assessed valuation, which consists of a maintenance and operation tax rate of $0.2889 and an interest and sinking fund tax rate of $0.1804, each of which is separately approved; providing for the levy of ad valorem taxes for use and support of the municipal government of the City of Kyle for the Fiscal Year beginning October 1, 2024 and ending September 30, 2025; providing for apportioning each tax levy for specific purposes; and providing when ad valorem taxes shall become due and when same shall become delinquent if not paid. (ROLL CALL VOTE REQUESTED - 5 VOTES REQUIRED) (RELATED AGENDA ITEM 2 OF 3) Public Hearing City Council voted 5-2 to approve on first reading on 8/20/2024]

AGENDA ITEM 37, SECOND READING. CONSIDER APPROVAL OF AN ORDINANCE OF THE CITY OF KYLE, TEXAS, SETTING THE AD VALOREM TAX RATE. PROPERTY TAX RATE FOR FISCAL YEAR 2425. TAX YEAR 24 AT 0.4693 PER $100 OF TAXABLE ASSESSED VALUATION, WHICH CONSISTS OF A MAINTENANCE AND OPERATION TAX RATE OF 0.2889 AND AN INTEREST IN SINKING FUND RATE OF 0.1804. EACH OF WHICH IS SEPARATELY APPROVED, PROVIDING FOR THE LEVY OF AD VALOREM TAXES FOR USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF KYLE FOR THE FISCAL YEAR BEGINNING OCTOBER 1ST, 2024 AND ENDING SEPTEMBER 30TH, 2025. PROVIDING FOR APPORTIONING EACH TAX LEVY FOR SPECIFIC PURPOSES AND PROVIDING WHEN AD VALOREM TAXES SHALL BECOME DUE AND WHEN SAME SHALL BECOME DELINQUENT, IF NOT PAID, THIS ITEM ALSO HAS A PUBLIC HEARING, MR. MOHIT. YES, SIR. SO, MAYOR AND COUNCIL, UNDER THIS AGENDA ITEM, THE COUNCIL IS POSTED TO CONDUCT THE FINAL PUBLIC HEARING ON THE CITY'S AD VALOREM TAX RATES OR PROPERTY TAX RATES FOR NEXT FISCAL YEAR. APPROVE ON SECOND READING THE ORDINANCE TO ADOPT THE CITY'S PROPERTY TAX RATES FOR FISCAL YEAR 24 DASH 25. ON AUGUST 20TH, THE CITY COUNCIL HELD THE FIRST OF TWO PUBLIC HEARINGS SCHEDULED ON THE CITY'S PROPERTY TAX RATES. THE COUNCIL ALSO APPROVED ON FIRST READING THE ORDINANCE TO ADOPT THE CITY'S PROPERTY TAX RATES FOR FISCAL YEAR 24 DASH 25. TODAY, THE CITY COUNCIL IS CONSIDERING ON SECOND READING TO SET THE AD VALOREM TAX RATE AT 46.93 PER $100 OF TAXABLE ASSESSED VALUATION FOR TAX YEAR 2024. FOR FISCAL YEAR 2024, 2025, BASED ON THE 2024 ASSESSED VALUATIONS, THE CITY'S PROPERTY TAX RATES FOR TAX YEAR 2024 ARE AS FOLLOW. NO NEW REVENUE TAX RATE IS 0.45.

62 PER $100 OF TAXABLE ASSESSED VALUATION. VOTER APPROVAL TAX RATE IS CALCULATED AT 0.4693 PER $100 OF TAXABLE ASSESSED VALUATION. THE CITY'S PROPOSED TAX RATE FOR TAX YEAR 2024, OR FISCAL YEAR 2024 2025, IS 0.4693 PER $100 OF TAXABLE ASSESSED VALUATION, WHICH IS COMPRISED OF THE FOLLOWING TWO COMPONENTS MAINTENANCE AND OPERATIONS OR NO TAX RATE OF 0.2889 PER $100 OF TAXABLE ASSESSED VALUATION, AND THE INTEREST IN SINKING INS FUND TO PAY FOR THE DEBT SERVICE IS 0.1804 PER $100 OF TAXABLE ASSESSED VALUATION. THE PROPOSED AD VALOREM TAX RATE OF 46.93 PER $100 IS THE SAME TOTAL TAX RATE AS THE CITY'S ADOPTED TAX RATE FOR THE CURRENT FISCAL YEAR. THE YEAR THAT WE ARE JUST ABOUT TO FINISH FOR TAX YEAR 2023, THE CITY'S PROPOSED PROPERTY TAX RATE OF 0.4693 IS ABOVE THE NO NEW REVENUE TAX RATE OF 4562 PER $100. THIS IS AN INCREASE OF

[02:45:17]

0.0131, OR 2.87% FROM THE NO NEW REVENUE TAX RATE FOR TAX YEAR 2024. FOR TAX YEAR 2024, THE PROPOSED TAX RATE OF 0.4693 PER $100 OF TAXABLE ASSESSED VALUATION IS THE SAME TAX RATE AS THE VOTER APPROVAL TAX RATE FOR 2024 OF 0.4693 PER $100 OF TAXABLE ASSESSED VALUATION.

STATE LAW REQUIRES THAT THE MOTION TO ADOPT THE PROPERTY TAX RATE MUST BE MADE IN A FORM SPECIFIED IN THE TEXAS TAX CODE. THE EXACT OR SPECIFIC WORDING FOR THE MOTION TO ADOPT THE TAX RATE HAS BEEN PLACED IN FRONT OF YOU. I HAVE PLACED A MOTION, A SIMPLE MOTION IN FRONT OF YOU AT AT EACH DESK. TODAY IS THE FINAL PUBLIC HEARING SCHEDULED ON THE CITY'S PROPERTY TAX RATE. THE FIRST PUBLIC HEARING ON THE CITY'S PROPERTY TAX RATE WAS HELD ON AUGUST 20TH, 2024. WITH THAT MAYOR, THAT CONCLUDES MY PRESENTATION ON TAX RATES. ALL RIGHT. THIS ITEM HAS A PUBLIC HEARING. IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING NOW. SEEING NONE. THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON THE TAX RATE? ALL RIGHT, PUBLIC HEARING IS NOW CLOSED. I'D LIKE TO MOVE THAT THE PROPERTY TAX RATE BE INCREASED BY ADOPTION OF A TAX RATE OF 0.4693, WHICH IS EFFECTIVELY A 2.8787% INCREASE IN THE TAX RATE. SECOND MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER PARSLEY THAT WE APPROVE THE TAX RATE. IS THERE DISCUSSION ON THE MOTION? MAYOR PRO TEM YEAH, I JUST WANT TO EMPHASIZE WHAT PEREZ SAID, THAT THIS WAS THE SAME TAX RATE THAT WE HAD LAST YEAR THAT COUNCIL APPROVED. SO TAX RATE DID NOT MOVE. IT'S STILL 0.4693, WHICH WE HAD LAST YEAR. SO JUST WANTED TO MAKE THAT EXTREMELY CLEAR TO THE PUBLIC. SO IT'S THE SAME TAX RATE CORRECT OKAY I WOULD LIKE TO ALSO MAKE A COMMENT, BECAUSE I'M PRETTY SURE THAT YOU GUYS RECEIVE EMAILS LIKE I DID, NOT ONLY THAT, WE ARE KEEPING THE SAME RATE, BUT THE DISCUSSION WAS GIVEN IN GREAT LENGTH ON JUNE THE 8TH, SO I WOULD ENCOURAGE RESIDENTS TO WATCH THAT MEETING AND SEE WHAT THE DISCUSSION ABOUT THE TAX RATE WAS ABOUT. ALL RIGHT. ANY FURTHER DISCUSSION? MAYOR COUNCILMEMBER TOBIAS, ON BOTH OF THOSE NOTES THERE, WHEN WE USE THE TERM PERVEZ, INCREASE TAX, INCREASE. RIGHT. EXPLAIN TO THE PEOPLE JUST REAL QUICK WHEN WE SAY TAXING BECAUSE IT'S LIKE WE'RE VOTING ON THE SAME NUMBER, BUT IT'S A TAX INCREASE. SO IT'S LIKE SAME NUMBER. YOUR TAXES ARE GOING UP. BECAUSE AGAIN THAT'S ALL THE RESIDENTS ARE GOING TO HEAR IS TAX INCREASE. WE CAN GO ON AND SAY, WELL IT'S ALWAYS BEEN THIS WAY FOR THE PAST THREE YEARS. BUT AGAIN, WE'RE USING THE VERBIAGE TAX INCREASE OKAY. SO I'M GOING TO DO MY BEST TO EXPLAIN THIS. NOT A TRICK QUESTION. NO. SO THE TAX CODE REQUIRES TAX CALCULATION AT THREE DIFFERENT LEVELS. SO YOU HAVE THE NO NO NO NEW REVENUE TAX, WHICH IS BASICALLY HOW MUCH FROM THE EXISTING PROPERTIES WILL THE CITY RAISE TAX REVENUES FOR. NO AND FOR DEBT SERVICE. THAT INCLUDES ALL NEW PROPERTIES THAT HAVE COME IN SINCE THE LAST YEAR. THAT'S CORRECT. SO THAT IS THE YARDSTICK WE'RE MEASURING.

ANY TAX RATE THAT THE CITY COUNCIL ADOPTS. IF YOU GO OVER AND ABOVE THE VOTER APPROVAL TAX RATE, WHICH IS 4693, YOU MUST HAVE VOTER AUTHORIZATION TO EXCEED THAT RATE. WE'RE NOT DOING THAT. SO THE PROPOSED TAX RATE IS TO KEEP IT AT THE SAME LEVEL AS THE CURRENT RATE, WHICH IS HAPPENS TO BE THE SAME RATE AS THE VOTER AUTHORIZED RATE. SO THE TAX, THE VERBIAGE TAX INCREASE IS COMPARING THE GNOME NEW REVENUE TAX RATE, WHICH USED TO BE CALLED EFFECTIVE TAX RATE.

MOST PEOPLE REFER TO IT STILL REFER TO IT AS EFFECTIVE TAX RATE. HOW MUCH MONEY WILL THE CITY RAISE FROM EXISTING PROPERTIES ON THE TAX ROLL THAT WERE THE YEAR BEFORE? SO THE

[02:50:02]

COMPARISON, THE YARDSTICK IS THE NO NEW REVENUE TAX RATE, WHICH LET ME SHOW YOU REAL QUICK HERE.

SO THE HIGHLIGHTED IN YELLOW NO NEW REVENUE TAX RATE IS 4562. THE VOTER APPROVAL TAX RATE IS 4693. IF WE WERE TO EXCEED THAT RATE WE HAVE TO GO TO THE VOTERS. WE JUST CANNOT AUTOMATICALLY ADOPT THAT TAX RATE. THE PROPOSED TAX RATE, THE COUNCIL AGREED TO DURING A RESOLUTION YOU ALL ADOPTED NOT TOO LONG AGO, WAS TO KEEP THE TAX RATE AT THE SAME RATE AS WHAT WE HAVE FOR THIS FISCAL YEAR, WHICH IS 4693. SO WHEN YOU COMPARE 4693 TO THE NO NEW REVENUE TAX RATE, THERE IS AN INCREASE, RIGHT? 4562 COMPARED TO 4693 THAT YOU ARE ABOUT TO ADOPT. THERE IS AN INCREASE OF. IF YOU LOOK AT NUMBER SEVEN OF 0.0131, THAT IS THE DIFFERENCE BETWEEN THE TWO RATES. SO IT'S AN INCREASE OF 0.0131 IN THE TAX RATE, WHICH IS EQUAL TO 2.87% DIFFERENCE BETWEEN THE NO NEW REVENUE TAX RATE AND THE CITY COUNCIL'S RECOMMENDED TAX RATE.

I KNOW IT'S NOT AS SIMPLE AS ABC TO UNDERSTAND. IT'S A LITTLE, COMPLICATED WHEN YOU THROW IN ALL THESE VERBIAGE THAT'S IN THE TAX CODE. BUT FOR AN AVERAGE TAXPAYER THIS IS IMPORTANT. EVEN THOUGH THE TAX RATE STAYS THE SAME. RIGHT AND THE VERBIAGE CALLS FOR TO IDENTIFY IT AS A TAX INCREASE, THE AVERAGE TAXPAYER HOMEOWNER. AND I'LL GIVE YOU THESE NUMBERS REAL QUICK. THANK YOU. FOR AN AVERAGE HOMEOWNER NOT THIS IS NOT EVERYONE ON OUR TAX ROLL. THE AVERAGE HOME IN KYLE COMPARED TO LAST YEAR VERSUS THE NEW ASSESSED VALUATIONS, WENT DOWN BY $29,000. SO THE ASSESSED VALUATIONS ON AN AVERAGE HOME IN KYLE, TEXAS WAS 355,002 70 LAST YEAR. AND THE NEW YEAR THIS TAX YEAR IS 325,543. SO WHEN YOU APPLY THE TAX RATES, THE TAX RATES IS THE SAME, RIGHT? SO THE AVERAGE HOMEOWNER WILL SEE A REDUCTION IN THEIR TAX BILL BY $139.51, OR ROUGHLY ABOUT $11.63 PER MONTH. SO AN AVERAGE HOMEOWNER WILL SEE A DECREASE IN THEIR TAX BILL. BUT THAT'S NOT TO SAY THAT EVERY TAXPAYER IS GOING TO SEE A DECREASE. YEAH, I THINK THAT'S WHAT WE'RE HEARING IS THAT OTHERS, THEIR PRICES, THEIR TAXES WENT UP. SOME SOME HOMEOWNERS WILL SEE AN INCREASE BECAUSE THEIR VALUES WENT UP. YEAH. IS A IS RACHEL STILL IN THE ROOM? NO. CAN WE GET CAN WE GET ANOTHER PUPPY VIDEO THAT EXPLAINS THE ACTION THAT WE'RE DOING? THE SIMPLEST WAY TO SAY IT IS THIS IS THE SIMPLEST WAY TO SAY IT IS. THIS IS THE TAX RATE THAT IS, WE ARE REQUIRED TO APPROVE BECAUSE WE JUST PASSED THE BUDGET THAT THIS TAX RATE IS BASED ON. SO IF YOU VOTE ON THE BUDGET AND THEN VOTE AGAINST THE TAX RATE, LIKE IF LITERALLY IF THE VOTE OF NOT VOTING FOR THE TAX RATE PREVAILED THIS PLACE, WOULD EVERY STAFF MEMBER WOULD HAVE HAIR COMING OUT OF THEIR I MEAN LIKE FIRE COMING OUT OF THEIR HAIR BECAUSE WE WOULD NOT KNOW WHAT TO DO THAT IT WOULD BE A DIRECT CONFLICT OF VOTES. YEAH. BECAUSE WE VOTED ON THE BUDGET AND NOW WE'RE VOTING ON THE FUNDING FOR THAT BUDGET. SO YOU VOTE AGAINST IT, THEN YOU'RE VOTING IN ESSENCE AGAINST THE BUDGET, BECAUSE WE WOULD HAVE TO GO BACK AND AMEND OUR BUDGET, AMEND THE BUDGET TO KNOCK IT DOWN. ALL RIGHT. SO WHETHER WHETHER MR. HEIZER, WE NEED PUPPY VIDEOS OR. NO, IT'S A GOOD EXPLANATION. PAPER RIGHT. THERE ARE RESIDENTS OUT THERE THAT DON'T UNDERSTAND. THEY MAY NOT HAVE YOUR INTELLECT THAT YOU HAVE. THEY'RE WHAT I'M TRYING TO SAY IS THAT THERE ARE RESIDENTS OUT THERE THAT MAY NOT UNDERSTAND THIS PROCESS. AND SO WHAT I WAS TRYING TO GET AT IS MR. PERVEZ TO EXPLAIN IT IN VERY SIMPLE DETAIL OF HOW THIS ALL WORKS. YEAH. AND I'D JUST LIKE TO ADD THAT PEOPLE ON FIXED INCOMES AND SOCIAL SECURITY, THEY FEEL THE WORST BECAUSE THEY CAN'T INCREASE THEIR, THEIR LIVING WAGES. SO ANY, ANY

[02:55:01]

INCREASE IN THE TAX RATE, IT HURTS THEM MORE THAN THE, YOU KNOW, YOUNGER WORKING CLASS. SO WHETHER IT'S $48, YOU ALSO YOU ALSO START TO OUTHOUSE PEOPLE, RIGHT. PEOPLE ON FIXED INCOME.

SO RIGHT BALANCE IT'S A BALANCE. AND THAT'S WHY WE ADOPTED THE SAME TAX RATE AS LAST YEAR TO MAKE SURE WE AVOIDED THAT, BECAUSE WHETHER IT'S $20 OR $48, THAT'S PRESCRIPTION MEDS FOR SOMEBODY. ALL RIGHT. ANY FURTHER DISCUSSION. ROLL CALL. VOTE ZENECA. NO RIZZO. YES, SIR. YES PARSLEY. YES. HARRIS YES. TOBIAS. NO CAN I CAN WE HAVE A DISCUSSION? ROLL CALL. VOTE MITCHELL. YES. ALL RIGHT, NEXT UP, AGENDA ITEM 38. IT'S FINE. NO, HOLD ON, BECAUSE I HAVE A QUESTION. ALL RIGHT, WELL, IT'S A SIMILAR TOPIC ON 38. LET'S GET INTO IT. AND THEN YOU CAN ASK OKAY. BUT I WILL NEED TO WAIT TILL THERE'S A MOTION ON THE TABLE TO BE ABLE TO ASK IT. NO

[38) (Second Reading) Consider approval of an ordinance ratifying the property tax increase reflected in the budget for Fiscal Year 2024-2025 that will require raising more revenue from property taxes than in the prior fiscal year. (ROLL CALL VOTE REQUESTED) (RELATED AGENDA ITEM 3 OF 3) City Council voted 5-2 to approve on first reading on 8/20/2024]

NO, JUST IT'S JUST CLEANER TO BE IN AN ITEM OKAY. ALL RIGHT. AGENDA ITEM 38, SECOND READING.

CONSIDER APPROVAL OF AN ORDINANCE RATIFYING THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET FOR FISCAL YEAR 2425. THAT WILL REQUIRE RAISING MORE REVENUE FROM THE PROPERTY TAXES THAN IN THE PRIOR FISCAL YEAR. MR. MOHIT, THIS ITEM IS FOR YOU. BUT COUNCIL MEMBER PARSLEY, DO YOU WANT TO START IT OFF? LET'S GO BACK TO JUNE 8TH. THERE WAS A SIX ZERO VOTE. MAY I ASK WHAT CHANGED YOUR MIND? JUNE 8TH, 11 0305 WAS THE VOTE TAKEN TO HAVE TO DO THE DEFEASANCE? SO WHAT HAPPENED? WHAT WAS THE REASONING BEHIND VOTING? YES. THEN AND THEN TODAY WE'RE VOTING NO.

THAT'S MY QUESTION TO THE TWO NOTEBOOKS. FOR ME, IT WAS JUST THAT WE WERE TRYING TO CREATE BONDING CAPACITY. SO AND THAT AT THAT POINT, I WAS ON BOARD WITH TRYING TO DO THAT. IF THE SPORTSPLEX WAS GOING TO GET PUT ON A BOND. BUT WHEN WE PULLED THE SPORTSPLEX OFF THE BOND, I NO LONGER SAW THE NEED FOR THE TAX RATE TO BE THE SAME AS LAST YEAR. NO. SO IF YOU GO BACK TO THE MEETING, THAT WAS MY REASONING. NO. IF YOU GO BACK TO THE MEETING, THAT WAS MY REASONING. YOU HEAR BRIAN'S EXPLANATION. WE DIDN'T SAY NEVER WAS SAID. I'LL BE HAPPY TO PUT THAT TOMORROW ON MY FACEBOOK PAGE WITH A DISCUSSION THAT SAYS THAT WE WERE CREATED, THAT DEFEASANCE TO BE ABLE TO PAY OFF DEBT. YES. AND THERE WAS A60 VOTE BECAUSE THAT WAS IN THE RESTROOM. YEAH, WE PAID OFF DEBT SO WE COULD ISSUE SOME DEBT THROUGH THE. NO, NO, THAT WAS NOT WHAT WE SAID. THAT'S THE PURPOSE OF PAYING IT OFF EARLY. BUT THAT'S NOT WHAT WE SAID. SO I JUST WANT TO KNOW IS LIKE, WHAT CHANGED YOUR MIND? WE TOOK THE 65 MILLION FROM THE CIP AND WE JUST. YOU JUST VOTED FOR THE BUDGET. HOW DO YOU THINK WE'RE GOING TO PAY FOR THAT? THE BUDGET GOT BETTER TODAY THAN IT DID LAST WEEK, AND YOU STILL DON'T WANT TO FUND IT. YOU VOTE AGAINST THE FUNDING. DO YOU THINK THE MONEY IS GOING TO COME FROM OR IS IT BECAUSE YOU HAVE OKAY, I'M BEING FISCALLY CONSERVATIVE. THE POINTS HAVE BEEN MADE. I AGREE WITH THEM, BUT THEY HAVE BEEN MADE. LET'S MOVE ON. HAVE BEEN MADE. MAYOR. ALL RIGHT. NEXT UP, AGENDA ITEM OR IT'S ALREADY UP. MR. MOHIT YES, SIR. SO MAYOR AND COUNCIL, THIS IS AN ORDINANCE. THERE IS NO PUBLIC HEARING ATTACHED TO THIS AGENDA ITEM. THE FISCAL YEAR 2024 2025 BUDGET AS ADOPTED BY COUNCIL WILL REQUIRE RAISING MORE REVENUE FROM PROPERTY TAXES THAN IN THE PRIOR BUDGET OF THE CITY OF KYLE FOR FISCAL YEAR 23, 24, SECTION 102.007 OF THE TEXAS LOCAL GOVERNMENT CODE PROVIDES THAT WHEN ADOPTION OF A BUDGET THAT WILL REQUIRE RAISING MORE REVENUE FROM PROPERTY TAXES THAN IN THE PREVIOUS YEAR, THE COUNCIL MUST IT REQUIRES A SEPARATE VOTE OF THE CITY COUNCIL TO RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET, AND THE CITY COUNCIL'S VOTE. UNDER THIS SUBSECTION IS IN ADDITION TO AND SEPARATE FROM THE VOTE TO ADOPT A BUDGET OR A VOTE TO SET THE TAX RATE. SO AS A REMINDER, THE CURRENT TAX RATE IS 46.93. NO NEW REVENUE TAX RATE 4562. VOTER APPROVAL TAX RATE 46.93. AND THE TAX RATE THAT CITY COUNCIL JUST ADOPTED IS 46.93. FOR TAX YEAR 2024 OR FISCAL YEAR 2025, PROPERTY TAX RATES FOR THE CITY OF KYLE ARE

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AS FOLLOWS. THE ADOPTED TAX RATE, 46.93 PER $100 OF TAXABLE ASSESSED VALUATION. NO NEW REVENUE TAX RATE OF 0.4562 PER 100, AND VOTER APPROVAL TAX RATE OF 0.4693. THE ADOPTED TAX RATE IS HIGHER THAN THE NO REVENUE TAX RATE. ADOPTION OF AN ORDINANCE IS REQUIRED TO RATIFY THE PROPERTY TAX INCREASE REFLECTED IN THE BUDGET FOR FISCAL YEAR 2024 2025 THAT WILL RAISE MORE REVENUE FROM PROPERTY TAX THAN IN THE PRIOR FISCAL YEAR. STAFF RECOMMENDATION IN ORDER TO COMPLY WITH THE REQUIREMENTS OF THE TAX CODE, STAFF RECOMMENDS APPROVAL OF THIS ORDINANCE ON SECOND READING AND MAYOR A ROLL CALL VOTE BY CITY COUNCIL IS REQUESTED. ALL RIGHT. DOES ANYBODY HAVE ANYTHING TO ADD ON THIS ITEM? YEAH. I JUST WANT TO SAY, JUST A REMINDER THAT EVERYTHING THAT WE'RE FUNDING WHEN WE'RE LOOKING AT OUR CIP, WE'RE LOOKING AT OUR POLICE DEPARTMENT, WE'RE LOOKING AT THE PARKS THAT WE'RE UPGRADING. EVERYTHING THAT WE'RE FUNDING IN THIS BUDGET IS A REFLECTION OF THE TAX RATE WE TALKED ABOUT EARLIER IN THE YEAR. AND IF WE WANT TO DO LESS FUNDING IN OUR PARKS, LESS FUNDING IN OUR POLICE DEPARTMENT, LESS FUNDING THROUGHOUT THE CITY, THEN WE WOULD DROP THE RATE. SO JUST LETTING YOU KNOW THAT ALL THE GREAT THINGS THAT WE ASKED FOR, WE HAVE TO PAY FOR. SO THAT'S THE REASON WE ADOPTED THE RATE WE'RE ADOPTING RIGHT NOW IS TO PAY FOR ALL THOSE GREAT PROJECTS. WE'RE LOOKING AT FUNDING. SO IF WE'RE NOT LOOKING AT FUNDING THESE THINGS AND LET'S CHANGE THE TAX RATE, THIS IS A GOOD TIME TO DO IT. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE. SECOND. MOTION BY THE MAYOR. SECONDED BY COUNCIL MEMBER HEIZER. IS THERE A DISCUSSION ON THE MOTION? ROLL CALL. VOTE MITCHELL. YES HARRIS. YES. TOBIAS THIS ONE? YES. I'M SORRY. YES. YES. OKAY ZUNIGA. JUST RATIFY IT. PASSES? YES HEIZER. YES. RIZZO YES. ALL

[39) (First Reading) Consider approval of an ordinance reaffirming and authorizing the building permit fees as presented in the fiscal year 2024-25 budget. Public Hearing ]

RIGHT. MOTION CARRIES 6 TO 1. NEXT UP, AGENDA ITEM 39. FIRST READING. CONSIDER APPROVAL OF AN ORDINANCE REAFFIRMING AND AUTHORIZING THE BUILDING PERMIT FEES AS PRESENTED IN THE FISCAL YEAR 2024, 2025 BUDGET. THIS ITEM HAS A PUBLIC HEARING. MISS MCCOLLUM. GOOD EVENING, MAYOR AND COUNCIL. THIS IS AN AGENDA ITEM IN ACCORDANCE WITH STATE LAW, THAT REALLY IS RELATED TO BUILDING FEES AND MAKING SURE THAT THOSE ARE RATIFIED, SEPARATE AND OUTSIDE OF THE APPROVAL PROCESS. THE BUILDING FEES WERE A SUBSTANTIALLY MODIFIED IN APRIL OF THIS YEAR.

THERE IS A COUPLE OF AMENDMENTS THAT HAVE BEEN PROPOSED AND INCLUDED IN THE ENTIRE BUDGET AT THIS POINT IN TIME, BUT I'M REALLY LOOKING AT HOLDING THIS PUBLIC HEARING TO RATIFY THOSE THAT ARE INCLUDED IN THE BUDGET. ALL RIGHT. THIS ITEM HAS A PUBLIC HEARING. IF THERE ARE NO OBJECTIONS, I'M GOING TO OPEN THE PUBLIC HEARING NOW. SEEING NONE. THE PUBLIC HEARING IS NOW OPEN. IS THERE ANYONE WHO WANTS TO COME FORWARD? ALL RIGHT. SEEING NONE. PUBLIC HEARING IS NOW CLOSED. MOTION TO APPROVE. SO MOVED. ALL RIGHT. MOTION BY MAYOR. SECONDED BY MAYOR PRO TEM THAT WE APPROVE. AGENDA ITEM 39. IS THERE A DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES 6 TO 0. ITEM 40 LOOKS GOOD, BUT WE HAVE TO BACKTRACK. WE'LL JUST LEAVE IT THERE FOR NOW. CAN WE CAN WE DO ONE MORE FOR FIRST AND FINAL PREPARE TO COME BACK AND DO FIRST AND FINAL ON THAT ONE ON THE 39, 28, 39. I'D BE INTERESTED IN A FIVE MINUTE BREAK. YES. ALL RIGHT. WE'LL DO. BUT IT'S FIVE MINUTES ON THE DOT. 1025. EVERYBODY BACK. I HAVE TO G

[28) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 993 square foot permanent utility easement (as described in Exhibit “4”) from that certain 1.00 acre tract conveyed to SheNe M. Riggins-Sanderson and recorded at document number 20056354 of the official public records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

EVENING, MAYOR AND COUNCIL. AMBER SMITH, ASSISTANT CITY MANAGER, FOR THE RECORD, THIS AGENDA ITEM AND THE NEXT FIVE ALL HAVE THE SAME PRESENTATION. THEY'RE ALL RELATED TO THE SAME PROJECT, BUT THEY DO REQUIRE SEPARATE MOTIONS AND ROLL CALL VOTE ON EACH OF THESE. SO WE'RE ASKING YOU TO TAKE THEM UP SEPARATELY FOR THAT REASON, IF WE CAN GET THE PRESENTATION PULLED UP. THIS PROJECT IS RELATED TO THE CYPRUS ROAD UTILITIES PROJECT. WE BROUGHT THIS TO YOU BEFORE. IT IS A PROJECT FROM THAT WAS CONTEMPLATED IN THE BLANCO RIVER RANCH DEVELOPMENT AGREEMENT. IT IS FOR A, UTILITY EASEMENT TO SERVE THE SAVANNAH RANCH, NOW CALLED CLARA VISTA PROJECT WITH WASTEWATER, THE FIRST THING TO GO IN THERE WILL BE A FORCE MAIN

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TO SERVE THE PROJECT. IT'S A 30 FOOT, 35 FOOT WIDE EASEMENT, AND IT WILL HAVE THE ABILITY TO PUT IN OTHER FUTURE UTILITY LINES AS WELL, HERE'S WHAT THE ALIGNMENT LOOKS LIKE. IT FOLLOWS AND CROSSES CYPRESS ROAD TO CENTER STREET, THE COUNCIL APPROVED THE ALIGNMENT AT THE APRIL 2ND, 2024 CITY COUNCIL MEETING. IT'S CURRENTLY UNDER DESIGN AND APPRAISALS HAVE BEEN COMPLETED, AFTER WE'VE MADE A BONA FIDE OFFER BASED ON THE APPRAISALS, OUR EFFORTS TO ACQUIRE THE PROPERTY HAVE BEEN UNSUCCESSFUL AND SO HERE'S FOR PARCEL FOR CHARLENE GIBSON. WE NEED 5659FTS HERE, PARCEL FIVE FOR MARY LEE GIBSON. WE NEED 4444FT■!S, PARCL SEVEN. SHINY. AND CARL SANDERSO, WE NEED 993FT■!S. A PARCEL EIGH, MARY LEE GIBSON. AGAIN. WE NEED 1986FT■!S. PARCEL NINE, CHARLENE GIBSON, 1772FT■!S. FINALLY PARCL 11, FOR AGUILAR, FALCONE AND STONE, WE NEED 4522FT■!S. AND SO TONIGHT, BEFORE YOU, WE HAVE A RESOLUTION FOR A PCN, THE PCN DETERMINES WHETHER OR NOT THE CITY'S ACQUISITION OF THIS PIECE OF REAL ESTATE IS NECESSARY TO EFFECTUATE A PUBLIC USE. AND WE FIND THAT THE CYPRESS ROAD UTILITIES PROJECT IS NECESSARY AND REQUIRED TO PROMOTE THE PUBLIC HEALTH AND SAFETY AND WELFARE OF THE COMMUNITY AND THE ACQUISITION OF THE IDENTIFIED PROPERTY IS REQUIRED TO COMPLETE THE PROJECT, ONCE WE ISSUE THE PCN, THEN WE CAN INITIATE EMINENT DOMAIN PROCEEDINGS IF NECESSARY TO ACQUIRE THE PROPERTY OPTIONS BEFORE YOU TONIGHT ARE TO APPROVE OR DENY. AND WE RECOMMEND THAT YOU APPROVE THE RESOLUTION. ALL RIGHT. THANK YOU, MISS SCHMIDT. THE ONLY THING I WANT TO ADD TO THE CONVERSATION IS THESE AREN'T GOING TO BE THE LAST OF THESE ITEMS. WE'RE GOING TO SEE QUITE A FEW MORE COMING OVER THE MONTHS. AND, YOU KNOW, MAYBE EVEN INTO NEXT YEAR PROBABLY THIS IS A RESULT OF MAJOR WATER AND WASTEWATER IMPROVEMENT PROJECTS, AS WELL AS, $294 MILLION ROAD BONDS. SOME OF THOSE ROADS CROSS, YOU KNOW, TEN, 20, 30, 40 PARCELS OF LAND. AND WE NEGOTIATE FAIRLY WITH THE MAJORITY OF THEM. BUT IN THIS CASE, THE POWER OF EMINENT DOMAIN, WHILE AN AWESOME AND VERY SCARY THING THAT WE SHOULD TAKE WITH REVERENCE AND NOT EVER USE UNLESS WE HAVE NO OTHER CHOICE, IT WILL BE REQUIRED FOR US TO KEEP THESE ROAD PROJECTS ON SCHEDULE, WHICH IS VERY IMPORTANT FOR THE COMMUNITY. IT IS THE NUMBER ONE PRIORITY OF THE CITY THAT WE KEEP THESE MOVING FORWARD, AND SO I JUST WANT TO SAY THAT, THAT'S WHY THIS IS COMING FORWARD. WE IF WE DON'T, THESE PROJECTS COULD BE DELAYED BY MONTHS AND YEARS. FRANKLY SO, COUNCIL MEMBER TOBIAS. YES MAYOR, DUE TO THIS AGENDA ITEM, I'M GOING TO NEED TO RECUSE MY VOTE ON THIS ON 31.

YES, SIR. YEAH. DO I NEED TO LEAVE OR CAN I STAY HERE? ARE WE. WE'RE TAKING THEM ONE AT A TIME, SO WE'RE GOING TO TAKE THEM ONE AT A TIME. SO WE'RE GOING TO DO 28 WHEN WE GET TO THE 31. YES. YOU CAN DEFER TO THE ATTORNEY AS LONG AS YOU STAY SILENT AND FILL OUT THE FORM. I THINK YOU CAN RECUSE YOURSELF. I DON'T THINK THERE'S GOING TO BE ANY FURTHER DISCUSSION. SO I THINK YOU CAN JUST RECUSE YOURSELF ON THE VOTE. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 28. ALL RIGHT. MOTION BY MAYOR, SECONDED BY COUNCIL MEMBER HEIZER TO APPROVE. CAN YOU READ THE MOTION THAT WAS GIVEN TO YOU? I FORGOT ABOUT THAT. ALL RIGHT. LET ME DO THAT AGAIN. ALL RIGHT. I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE PERMANENT UTILITY EASEMENTS. EASEMENT OF 993FT■!S FROM PROPERTY OWNED BY SHANE R SANDERSON AND CARL J. SANDERSON, AND DESCRIBED IN AGENDA ITEM 28 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. ALL RIGHT. MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER HEIZER, IS THE DISCUSSION ON THE MOTION ROLL CALL VOTE. HI, SIR. YES TOBIAS? YES PURSLEY. YES. RIZZO YES.

MITCHELL. YES HARRIS. YES. ZUNIGA. YES ALL RIGHT. MOTION CARRIES 7 TO 0. I'M TOLD I HAVE

[29) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 1,986 square foot permanent utility easement (as described in Exhibit “4”) from that certain remnant portion of a called 11.95 acre tract conveyed to Mary Lee Gipson Riggins and recorded at volume 719, page 89 of the deed records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

TO READ ALL THESE OUT AS WELL. SO Y'ALL ARE GOING TO. SORRY ABOUT THIS. CONSIDER, AGENDA ITEM 29. CONSIDER APPROVAL OF A RESOLUTION, FINDING PUBLIC CONVENIENCE AND NECESSITY AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN, IF NECESSARY, A 1986 SQUARE FOOT PERMANENT UTILITY EASEMENT IS DESCRIBED IN EXHIBIT FOUR. FROM THAT CERTAIN REMNANT PORTION OF A CALLED, 11.95 ACRE TRACT CONVEYED TO MARY LEE GIBSON RIGGINS AND RECORDED AT VOLUME SEVEN, 19, PAGE 89 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, FOR THE PUBLIC USE AND PURPOSE OF

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CONSTRUCTION OF PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. I WOULD LIKE TO I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE A PERMANENT UTILITY EASEMENT OF 1986FT■!S FROM PROPERTY OWNED BY MARY LEE GIBSON AND DESCRIBED IN AGENDA ITEM 29 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS IS THERE DISCUSSION? IS THERE A SECOND SECOND MOTION BY MAYOR, SECONDED BY COUNCIL MEMBER HEIZER, IS THAT WE APPROVE AGENDA ITEM 29 AS READ. IS THERE DISCUSSION ON THAT MOTION ROLL CALL VOTE? TOBIAS. HI PURSLEY I RIZZO. HI, HARRIS. YES ZUNIGA. YES. MITCHELL YES. HEIZER. YES. MOTION CARRIES 7 TO 0. NEXT UP,

[30) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 1,772 square foot permanent utility easement (as described in Exhibit “4”) out of a called 1.40 acre tract conveyed to Charlene Gipson Alexandar and recorded at volume 719, page 89 of the deed records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

AGENDA ITEM 30. CONSIDER APPROVAL OF A RESOLUTION, FINDING PUBLIC CONVENIENCE AND NECESSITY, AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN, IF NECESSARY, A 1772 SQUARE FOOT PERMANENT UTILITY EASEMENT IS DESCRIBED IN EXHIBIT FOUR OUT OF A CALLED 1.4 ACRE TRACT CONVEYED TO CHARLENE GIBSON ALEXANDER AND RECORDED AT VOLUME SEVEN, 19, PAGE 89, OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTION OF PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS, I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE PERMANENT UTILITY EASEMENT OF 1772FT■!S FROM THE PROPERTY OWND BY CHARLENE GIBSON, AND DESCRIBED IN AGENDA ITEM 30 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. SECOND MOTION BY MAYOR SECONDED BY COUNCIL MEMBER PARSLEY. IS THERE A DISCUSSION ON THE MOTION ROLL CALL? VOTE HARRIS HERE. YES. ZUNIGA. YES. MITCHELL. YES. TOBIAS. A HEIZER.

YES RIZZO. YES. PARSLEY ALL RIGHT, ALL RIGHT, MOTION CARRIES 7 TO 0. NEXT UP, AGENDA ITEM 31.

[31) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 4,522 square foot permanent utility easement (as described in Exhibit “4”) out of a called 14.01 acre tract conveyed to Jesse N. Falcon and Minerva L. Falcon in a deed recorded at volume 1160, page 421 of the deed records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

CONSIDER APPROVAL OF A RESOLUTION, FINDING PUBLIC CONVENIENCE AND NECESSITY, AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN, IF NECESSARY, A 4522 SQUARE FOOT PERMANENT UTILITY EASEMENT IS DESCRIBED IN EXHIBIT FOUR OUT OF A CALLED 14.01 ACRE TRACT CONVEYED TO JESSE AND VULCAN AND MINERVA EL FALCONE, AND A DEED RECORDED AT VOLUME 1160, PAGE FOUR, 21 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTION OF PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS, I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE A PERMANENT UTILITY EASEMENT OF 4522FT■!S FROM THE PROPERTY OWND BY MICHELLE AND JESSE AGUILAR. OKAY THERE'S JUST MORE IN THIS THAN IS IN THE AGENDA. MORE NAMES IN THE MOTION THAT ARE IN THE AGENDA LANGUAGE. THAT'S OKAY. ALL RIGHT. BY MICHELLE AND JESSE AGUILAR, MELISSA AND STEVEN STONE AND MELISSA.

MELINDA FALCONE, THE AGENDA LANGUAGE SAYS MINERVA FALCONE. SO WE'VE GOT SOME ISSUES WITH THIS ONE. MINERVA, WHICH IS MINERVA, IS THE OLD CITY SECRETARY. IT'S MINERVA, ALL RIGHT. YEAH, BUT MINERVA IS NO LONGER HERE. IT'S PROBABLY THEIR PROPERTY. OKAY YEAH, THE MOTION SAYS MELINDA. ALL RIGHT. MELISSA AND STEVEN SLOANE AND MELINDA FALCONE AND DESCRIBED IN AGENDA ITEM 31 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. THAT WAS A MOTION. SECOND MOTION BY MAYOR, SECONDED BY COUNCIL MEMBER HARRIS THAT WE APPROVE. AGENDA ITEM 31 AS DESCRIBED. IS THERE DISCUSSION ON THE MOTION, WE HAVE ONE RECUSAL, ONE ROLL CALL VOTE, PLEASE. RIZZO. YES PARSLEY. I ZUNIGA. YES.

MITCHELL. YES HEIZER. YES TOBIAS IS RECUSED. ALL RIGHT. MOTION CARRIES 6 TO 0. HARRIS. YES SORRY. ALL RIGHT. MOTION CARRIES 6 TO 0. NEXT UP. WHERE DO I STO? 32. YES, 32. MORE TO GO. ALL

[32) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 5,659 square foot permanent utility easement (as described in Exhibit “4”) from that certain 3.00 acre tract conveyed to Charlene Gipson-Lawrence and recorded at document number 16008523 of the official public records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

RIGHT. NEXT UP, AGENDA ITEM 32. CONSIDER APPROVAL OF A RESOLUTION. FINDING PUBLIC CONVENIENCE AND NECESSITY, AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN. IF NECESSARY, A 5659 SQUARE FOOT PERMANENT UTILITY EASEMENT IS DESCRIBED IN EXHIBIT FOUR. FROM THAT CERTAIN THREE ACRE TRACT CONVEYED TO CHARLENE GIBSON LAWRENCE AND RECORDED AT DOCUMENT NUMBER 16008523 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, FOR THE PURPOSE FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTION OF PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE PERMANENT UTILITY EASEMENT OF 5659FT■!S FROM PROPERTY OWNED BY CHARLENE GIBSON AND DESCRIBED IN AGENDA ITEM 32 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. SECOND MOTION BY MAYOR, SECONDED BY COUNCILMEMBER HARRIS TO APPROVE AGENDA ITEM 32 AS READ. IS THERE A DISCUSSION ON THE MOTION ROLL CALL? VOTE MITCHELL. YES. HI, SIR. YES RIZZO. YES. HARRIS YES. TOBIAS A PARSLEY A ZUNIGA. YES. ALL

[33) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary, a 4,044 square foot permanent utility easement (as described in Exhibit “4”) from that certain remnant portion of a called 10.55 acre tract conveyed to Charlene Gipson Alexandar and recorded at volume 719, page 89 of the deed records of Hays County, Texas, for the public use and purpose of construction of public water and wastewater infrastructure improvements. (ROLL CALL VOTE REQUESTED)]

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RIGHT. MOTION CARRIES 7 TO 0, NEXT UP, AGENDA ITEM 33. CONSIDER APPROVAL OF A RESOLUTION. FINDING PUBLIC CONVENIENCE AND NECESSITY, AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN, IF NECESSARY, A 4044 SQUARE FOOT PERMANENT UTILITY EASEMENT. AS DESCRIBED IN EXHIBIT FOUR FROM THAT CERTAIN, REMNANT PORTION OF A CALLED 10.55 ACRE TRACT CONVEYED TO CHARLENE GIBSON ALEXANDER AND RECORDED AT VOLUME SEVEN, 19, PAGE 89, OF THE DEED OF RECORDS OF HAYS COUNTY, TEXAS, FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTION OF PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS, I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE PERMANENT UTILITY EASEMENT, A 4044FT■!S FROM THE PROPERTY OWNED BY MARY LEE GIBSON AND DESCRIBED IN AGENDA ITEM 33 FOR THE PUBLIC USE AND CONSTRUCTION, CONSTRUCTING AND OPERATING PUBLIC WATER AND WASTEWATER INFRASTRUCTURE IMPROVEMENTS. SECOND MOTION BY MAYOR SECONDED BY COUNCIL MEMBER PARSLEY. IS THERE A DISCUSSION ON THE MOTION ROLL CALL? VOTE ZUNIGA. YES. HARRIS. YES HEIZER. YES. TOBIAS. YES PARSLEY I RIZZ.

YES. MITCHELL. YES. ALL RIGHT. MOTION CARRIES 7 TO 0. THIS ONE IS AGENDA ITEM 34. CONSIDER

[34) Consider approval of a resolution finding Public Convenience and Necessity and authorizing the use of eminent domain to condemn if necessary a 23,335 square foot permanent water line easement (as described in Exhibit 4) from that certain remnant portion of a 18.5754 acre tract conveyed to James Sterling Mattox and Janet Mary Kathryn Mattox by deed recorded as document number 180051238 of the official public records of Hays County, Texas, for the public use and purpose of construction of a water line and appurtenances. (ROLL CALL VOTE REQUESTED)]

APPROVAL OF THE RESOLUTION. FINDING PUBLIC CONVENIENCE AND NECESSITY, AND AUTHORIZING THE USE OF EMINENT DOMAIN TO CONDEMN. IF NECESSARY, A 23,335 SQUARE FOOT PERMANENT WATER LINE EASEMENT, AS DESCRIBED IN EXHIBIT FOUR. FROM THAT CERTAIN REMNANT PORTION OF AN 18.5754 ACRE TRACT CONVEYED TO JAMES STIRLING MADDOX AND JANET MARY KATHERINE MADDOX BY DEED RECORDED AS DOCUMENTED NUMBER 180051238 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTING A WATER LINE AND A APPURTENANCES, APPURTENANCES.

OH GOSH, LAST WORD OF ALL OF THAT. WOW. ALL RIGHT, COUNCIL MEMBER SCHMITZ APPURTENANCES.

WHAT APPURTENANCES? YES. WHAT DOES THAT MEAN? I WON'T ASK YOU. GO AHEAD. DOESN'T THAT MEAN ACCESSORIES TO INFRASTRUCTURE NECESSARY AS IT RELATES TO INFRASTRUCTURE AND THE ITEM PRESENTED? YES. THAT DOESN'T MEAN APERTURES. THAT SOUNDS LIKE IT'S A MISSPELLED APERTURES. I THINK WE'RE ALL MAKING OURSELVES LOOK BAD HERE. MIGHT BE A LITTLE PUNCHY RIGHT NOW AT 1040 AT NIGHT. AMBER SMITH, ASSISTANT CITY MANAGER FOR THE RECORD, WE HAVE A MARKETPLACE WATERLINE PROJECT FOR YOU TONIGHT AND AN EASEMENT NECESSARY TO EXECUTE THAT PROJECT. WE'VE SHOWED THIS PROJECT TO YOU BEFORE, HERE'S WHERE YOU ALL HAVE CONSIDERED I. IT WILL BE A WATER LINE FROM THE SOUTHBOUND FRONTAGE ROAD ALL THE WAY UP MARKETPLACE TO BURLESON, THIS WATERLINE PROJECT IS IMPORTANT BECAUSE IT CREATES A LOOP OR REDUNDANCY IN OUR WATER SYSTEM. SO WE REALLY NEED THIS WATER LINE CONSTRUCTED HERE, WE HAVE THE PROJECT DESIGNED AT 90%. WE'VE COMPLETED AN APPRAISAL AND WE'VE MADE AN OFFER. AND TO DATE, OUR EFFORTS TO ACQUIRE THE PROPERTY HAVE BEEN UNSUCCESSFUL, HERE'S WHAT WE NEED FROM THE PROPERTY TO CONSTRUCT THE WATER LINE. IT'S 23,335FT■!S, ONCE AGAIN, THE PC, YOU'RE ASKED TO APPROVE A RESOLUTION TO APPROVE A PCN HERE AS WELL, WHICH SAYS THAT THIS PROPERTY IS NECESSARY FOR A PUBLIC PROJECT. OKAY. THANK YOU.

DOES ANYBODY HAVE ANY QUESTIONS FOR AMBER? I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF POWER OF EMINENT DOMAIN TO ACQUIRE A PERMANENT UTILITY EASEMENT OF 23,335FT■!S FROM PROPERTY OWNED BY JAMES AND JANET MADDOX, AND DESCRIBED IN AGENDA ITEM 34 FOR THE PUBLIC USE OF CONSTRUCTING AND OPERATING A PUBLIC WATER LINE AND APPURTENANCES. ALL RIGHT, MOTION BY MAYOR, SECONDED BY COUNCIL MEMBER PARSLEY. IS THERE A DISCUSSION ON THE MOTION? ROLL CALL? VOTE KAISER. YES. MITCHELL. YES. PARSLEY. YES ZUNIGA. YES. RIZZO YES. HARRIS.

YES. TOBIAS YES. ALL RIGHT. MOTION CARRIES 7 TO 0, DO WE WANT TO JUST. YOU KNOW, I'M SORRY. I'M JUST THINKING OF A JOKE FROM OUR GOOGLE FIBER FRIEND THAT'S BEEN HERE THIS

[35) Consider approval of a non-exclusive public right of way License Agreement with Google Fiber Texas, LLC. ]

WHOLE TIME. NEVER MIND. NEXT UP, AGENDA ITEM 35. CONSIDER APPROVAL OF A NONEXCLUSIVE PUBLIC RIGHT OF WAY LICENSE AGREEMENT WITH GOOGLE FIBER TEXAS, LLC. MISS SCHMITZ, AMBER SMITH'S ASSISTANT CITY MANAGER. FOR THE RECORD, VERY, VERY EXCITED ITEM FOR YOU TONIGHT.

WE'VE WAITED ALL THIS TIME. WE HAVE JOHN MICHAEL CORTEZ WITH GOOGLE FIBER HERE. IF YOU HAVE ANY QUESTIONS, WANT TO TALK TO HIM ABOUT THIS. BUT THE CITY OF KYLE IS GETTING GOOGLE FIBER.

CLEAR. BACK IN JUNE OF 2023, GOOGLE FIBER CAME TO COUNCIL, PRESENTED THAT THEY WERE READY

[03:20:02]

TO START, DEPLOYING THEIR SERVICES HERE, SINCE THEN, WE'VE BEEN WORKING ON THIS RIGHT OF WAY LICENSE AGREEMENT IN SUPPORT OF OUR BROADBAND SERVICE EXPANSION. SO TONIGHT WE GET TO ANNOUNCE THAT THE CITY OF KYLE IS THE FIRST IN HAYS COUNTY. AND THE FIRST CITY LOCATED ALONG THE I-35 CORRIDOR BETWEEN AUSTIN AND SAN ANTONIO TO RECEIVE GOOGLE FIBER OPTIC INTERNET SERVICES, HERE ARE SOME INFORMATION ABOUT GOOGLE FIBER. AND I MIGHT LET JOHN MICHAEL TALK TALK TO THIS MORE, BUT BASICALLY WE WE'RE SO EXCITED TO HAVE THEM HERE. HERE'S WHERE THEY, THEY OPERATE, HERE'S THE TERMS OF THE AGREEMENTS. WE GRANT PERMISSION FOR GOOGLE FIBER TO USE AND OCCUPY THE RIGHT OF WAY. THEY HAVE TO APPLY FOR AND RECEIVE PERMITS TO WORK. THEY HAVE TO RESTORE AND REPAIR ANYTHING THAT THEY DAMAGE OR UPSET IN THEIR IN THEIR WORK, IN A TIMELY FASHION.

THEY HAVE A RIGHT. WE HAVE A RIGHT TO REJECT CERTAIN CONTRACTORS AND SUBCONTRACTORS BASED ON PERFORMANCE. THEY HAVE TO COMPLY WITH OUR MICRO TRENCHING POLICY, WHICH I'LL GET TO IN A LITTLE BIT, THEY HAVE TO HAVE A PERFORMANCE BOND OF $100,000 FOR ALL OF THEIR PERMITS. THEY HAVE TO CARRY INSURANCE AT $2 MILLION, WITH LISTING THE CITY AS AN ADDITIONAL INSURED. WE RECEIVE A LICENSE FEE OF 1% OF GROSS REVENUES IN THE TERM OF THE AGREEMENT IS 20 YEARS, WITH AUTO RENEWALS OF FIVE YEAR TERMS. SO THE NEXT STEP, WE WILL BE BRINGING BACK FOR YOU TO CONSIDER A MICRO TRENCHING DETAILS AND GENERAL NOTES. WE'RE CURRENTLY DISCUSSING THOSE WITH THE GOOGLE FIBER TEAM TO MAKE SURE THEY THEY WORK HAND IN HAND. AND WE WILL ALSO UPDATE THE COURT OF ORDINANCES TO INCLUDE MICRO TRENCHING AS A PERMITTED METHOD TO DEPLOY TELECOMMUNICATIONS INFRASTRUCTURE IN THE CITY OF KYLE. SO OPTIONS TONIGHT IS TO APPROVE THE AGREEMENT AS PRESENTED, APPROVE WITH MODIFICATIONS OR DENY AND STAFF RECOMMENDS APPROVAL. AND JOHN MICHAEL, DO YOU WANT TO GET UP AND SAY A FEW WORDS? WE MADE YOU WAIT ALL THIS TIME. THANK YOU. AMBER, MAYOR COUNCIL FOR THE RECORD, JOHN MICHAEL CORTEZ, I'M THE HEAD OF GOVERNMENT AND COMMUNITY AFFAIRS FOR G FIBER HERE IN TEXAS. AND AS AMBER SAID, WE'RE VERY EXCITED TO BE HERE TONIGHT AND TO ACHIEVE THIS MILESTONE, WHICH IS REALLY THE GREEN LIGHT FOR US, ASSUMING THAT THE COUNCIL FINDS THIS ITEM FAVORABLY FOR US TO START INVESTING IN DESIGN AND DETAILED ENGINEERING AND PERMITTING SO THAT WE CAN BEGIN TO EXPAND OUR NETWORK TO SERVE RESIDENTS AND SMALL BUSINESSES HERE IN THE CITY OF KYLE. AND WE'RE SUPER EXCITED. I WANT TO THANK THE CITY MANAGER AND THE ENTIRE TEAM. THEY'VE BEEN GREAT TO WORK WITH. WE STILL HAVE A LITTLE BIT OF WORK TO DO, BUT WE'RE PRETTY CLOSE, BUT THIS IS A GREAT MILESTONE FOR US, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MIGHT HAVE. DOES ANYBODY HAVE ANY QUESTIONS FOR JOHN MICHAEL IN PARTICULAR? COUNCIL MEMBER HARRIS, WHEN DO YOU EXPECT TO START CONSTRUCTION OR LAYING CABLE? WELL, YOU KNOW, WE'RE IN THE BUSINESS OF TRYING TO UNDER-PROMISE AND OVERDELIVER. SO I'LL SAY THAT CONSTRUCTION CONSERVATIVELY, WE THINK WE WOULD START IN 2026. OF COURSE WE WILL DO AS MUCH AS WE CAN TO WORK WITH THE CITY TO MOVE THAT TO THE LEFT. BUT THE GOOD THING ABOUT THE WAY THAT WE BUILD OUR NETWORK IS WE DON'T NEED TO BUILD THE ENTIRE CITY BEFORE WE START TURNING IT ON. A SERVICE WILL BE ACTIVATED AS NEIGHBORHOODS ARE COMPLETED, AND SO WE WILL HAVE ALSO OUR FIRST CUSTOMERS AS SEGMENTS OF OUR NETWORK ARE COMPLETED, SOMETIME IN 2026. THANK YOU, I JUST WANT TO SAY THAT A COUPLE OF THINGS. NUMBER ONE, I WANT TO GIVE A LOT OF KUDOS TO AMBER BECAUSE WE'VE HAD SOME CONSTERNATION. YOU KNOW, WITH GOOGLE FIBER, I THINK YOU WERE THE UNFORTUNATE RECIPIENT OF SOME SOME BAD WILL TOWARDS SOME OF OUR PREVIOUS VENDORS AND NOT EVEN THE ACTUAL VENDORS, BUT THEIR SUBCONTRACTORS WHO WORKED IN THE NEIGHBORHOODS AND ANGERED AND UPSET A LOT OF FOLKS WITH THEIR QUALITY OF WORK. AND SO WHEN YOU FIRST CAME HERE, AMBER WAS IN THE MIDDLE OF ALL OF THAT. AND SO I HAVE A LOT OF CONFIDENCE BECAUSE I WATCHED AND I THINK MOST OF COUNCIL SAW THIS BECAUSE I WASN'T THE ONLY ONE GETTING ALL THE EMAILS AND FOLLOW UPS.

BUT I WATCHED AS AMBER HAWKED DOWN EVERY SINGLE ISSUE ON BEHALF OF THE CUSTOMER TO ENSURE THAT THE SUBCONTRACTORS WERE HELD ACCOUNTABLE FOR THE PROMISES THEY MADE ABOUT THE QUALITY OF THEIR WORK, AND SO I KNOW THAT SHE WAS ABLE TO DO THAT. THEN, WITH A BLUE CHIP COMPANY LIKE GOOGLE FIBER, I JUST I'M JUST I HAVE A HIGH DEGREE OF CONFIDENCE THAT YOUR PROGRAM, AS YOU DELIVER IT IS GOING TO BE RECEIVED WELL OVER TIME. I HOPE THAT ENDS UP BEING THE CASE AND ALSO JUST WANT TO SAY THAT I APPRECIATE THE CONVERSATIONS THAT WE HAD LAST YEAR ABOUT YOUR VISION FOR, GOOGLE FIBER AND WHAT IT CAN BRING TO THE CITY. YOU HAVE CHOICES. YOU GUYS OBVIOUSLY HAVE LOTS OF CHOICES. AND SO NOT ONLY ARE YOU CHOOSING KYLE, BUT YOU

[03:25:02]

STUCK WITH US FOR THE LAST 14 MONTHS. AND I KNOW THAT'S HARD, BUT YOUR PATIENCE IS APPRECIATED. AND I HOPE THAT YOU FIND THAT THE WAY THAT WE NEGOTIATED WITH YOU WAS HONORABLE AND THAT WE WORKED THROUGH THE ISSUES STRAIGHTFORWARD, SO THAT YOU COULD HAVE SOME CONFIDENCE TO GET TO THIS POINT, TO KNOW THAT YOUR TIME WAS NOT WASTED. AND SO I DO APPRECIATE YOU VERY MUCH. IT WAS ABSOLUTELY A PLEASURE TO WORK WITH YOUR TEAM. THANK YOU.

ANY FURTHER DISCUSSION, COUNCILMEMBER TOBIAS, I'M SURE YOU REMEMBER COUNCIL MEMBER PARSLEY. YES. SHE WAS THE FIRST ONE. AND SHE SHE DRILLED YOU DAY ONE. BUT YEAH, THAT'S EXACTLY WHAT THE MAYOR SAID. AND I BELIEVE, WERE YOU THE COMPANY THAT WAS ALSO GOING TO BE LOOKING AT PUTTING CERTAIN TYPES OF SUBSTATIONS THROUGHOUT THE NEIGHBORHOOD, AT ONE TIME, MAYB.

WAS IT YOUR COMPANY THAT WAS GOING TO PUT, LIKE, ANTENNA TOWERS IN CERTAIN AREAS TO PROVIDE FOR THAT? THAT WOULDN'T BE US. THAT WOULD BE, YEAH. OKAY. ALL RIGHT. WELL, WE'RE EXCITED AS WELL. YOU KNOW, WE HAVE A LOT OF OTHER COMPANIES THAT ARE IN THE NEIGHBORHOODS.

SO, ONCE THE TIME COMES, YOU'LL PROBABLY AGAIN HEAR A LOT OF US JUST STRESS TO YOU ABOUT THE CONTRACTORS THAT YOU USE, BECAUSE THAT'S OUR NUMBER ONE ISSUE WE HAVE WITH RESIDENTS IS THAT THEIR YARDS GET TORN UP, WATER GETS USED IN AREAS WHERE THEY SHOULDN'T BE. AND SO BUT WE'RE EXCITED THAT YOU'RE COMING. SO THANK YOU. WE'RE EXCITED TO COME TO YOU. YES, SIR. YES, SIR. MAYOR PRO TEM. YEAH. I JUST WANT TO EXTEND THAT HOW EXCITED WE ARE TO HAVE SUCH OPTIONS NOW AS A CITY. I MEAN, GROWING UP AS A KID, WE HAD RABBIT EARS. EVERYBODY IN KYLE HAD RABBIT EARS. AND THEN WHEN I BECAME A TEENAGER, WE GOT TIME WARNER CABLE. WE WERE LIKE, WOW, THIS IS GREAT, RIGHT? AND THEN RATES STARTED GOING UP. WE SAW THE, WHEN THERE'S NO COMPETITION, WE CAN SEE THE RATES GOING UP. RIGHT. AND THEN SPECTRUM WAS HERE FOR A LONG TIME. BUT NOW TO SEE ALL THE PROVIDERS THAT ARE COMING INTO OUR CITY THAT ARE NOW GIVING OUR RESIDENTS AN OPTION, IT'S IMPORTANT. AND, YOU KNOW, IT KEEPS THE MARKET IN A GREAT PLACE AS WELL. BUT TO SEE THE TYPE OF SERVICES ARE COMING NOW, THE AMOUNT OF GIGS THAT WE'RE GETTING NOW IS REALLY IMPORTANT, ESPECIALLY FOR OUR BUSINESS WORLD. AS PEOPLE ARE WORKING NOW FROM HOME, THAT'S IMPORTANT. I MEAN, THERE'S SO MANY TIMES THAT I LOOK AT SOCIAL MEDIA AND PEOPLE ARE LIKE, I'M TRYING TO GET MY WORK DONE, BUT THE INTERNET IS GONE. I MEAN, AND IT'S TOUGH AND THEY'RE COMPLAINING, BUT NOW WE HAVE OPTIONS. WE HAVE BETTER SERVICES COMING IN AS WELL. SO REALLY EXCITED. BUT YEAH, JUST, I'M EXCITED FOR THE OPTIONS. I MEAN, I REMEMBER WHEN KYLE HAD RABBIT EARS. SO SUPER EXCITED TO HAVE THIS. AND I REMEMBER THE DIAL UP AS WELL. SO I'M SHOWING MY AGE. BUT YEAH, IT'S, IT'S REALLY EXCITING TO HAVE YOU ALL HERE.

SO THANK YOU ALL FOR COMING. THANK YOU SIR. ANYONE ELSE MOTIONS? I'M TIRED OF MOTIONING, YEAH. YOU'RE YOU'RE GOING TO BRING US TO THE HIGH TECH AGE? MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA. ITEM 35 IS WRITTEN. SECOND MOTION BY MAYOR PRO TEM, SECONDED BY COUNCIL MEMBER PARSLEY TO APPROVE AGENDA ITEM 35. IS THERE A DISCUSSION ON THE MOTION? WELCOME TO KYLE.

ALL THOSE IN FAVOR, SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO 0. THANK YOU

[40) Public Hearing concerning the expansion of the boundaries for Tax Increment Reinvestment Zone Number Four, pursuant to the provisions of Chapter 311 of the Texas Tax Code.]

VERY MUCH. ALL RIGHT. NEXT UP, AGENDA ITEM 40, PUBLIC HEARING CONCERNING THE EXPANSION OF THE BOUNDARIES OF TAX INCREMENT REINVESTMENT ZONE NUMBER FOUR, PURSUANT TO THE PROVISIONS OF CHAPTER 311 OF THE TEXAS TAX CODE. THANKS FOR HANGING WITH US, STEPHANIE. GOOD EVENING.

MAYOR. COUNCIL MEMBERS STEPHANIE NORTON ROSE, FULBRIGHT, BOND COUNSEL FOR THE CITY. QUICK PRESENTATION RELATED TO POTENTIAL EXPANSION FOR TAX INCREMENT. ZONE NUMBER FOUR. AND THEN WE'LL HAVE PUBLIC HEARING. WE'RE NOT ASKING FOR ANY COUNCIL ACTION TONIGHT. SO, TOURIST FOUR WAS CREATED IN CONNECTION WITH DEVELOPMENT OF LIMESTONE CREEK. WHAT WE HAVE IS A PROPOSAL TO EXPAND TOURISM, TOURIST BOUNDARIES, THROUGH THE EXPANSION OF THE TOURIST BRAND BOUNDARIES. THE COUNTY AND CITY WOULD BOTH. OR IT'S PROPOSED THAT THE CITY AND COUNTY WOULD BOTH PARTICIPATE IN THE TOURS AT 50% OF TOURIST EXPANSION, THE FUNDS REALIZED FROM THE ZONE AS EXPANDED ARE DESIGNED TO BRING IN REGIONAL IMPROVEMENTS TO THE TOURIST ITSELF, PRIMARILY A GOFORTH ROAD EXPANSION, SOME IMPROVEMENTS TO THE QUAIL RIDGE SUBDIVISION, BOTH STREETS AND DRAINAGE, AND THEN ALSO SOME TYPE OF FACILITY WITHIN TOURS FOR TOURISTS, FOR WHICH COULD BE DESIGNATED AS EITHER AN ADMINISTRATIVE COMMUNITY OR RECREATIONAL FACILITY THAT WOULD BE JOINTLY USED BY BOTH THE CITY AND THE COUNTY. BELOW IS JUST A GENERAL KIND OF LINE ITEM ASSOCIATED WITH THE COSTS ASSOCIATED WITH THE TOURS, AND SO IT'S PROJECTED THERE WOULD BE $75 MILLION FOR GOFORTH ROAD, $10 MILLION FOR THE QUAIL RIDGE IMPROVEMENTS. AND THEN $15 MILLION FOR THE CITY COUNTY FACILITY. THIS IS JUST A PRESENTATION FOR WHEN IT WOULD

[03:30:05]

BE EXPECTED THAT THOSE FUNDS WOULD BE EXPENDED SO THAT THE PROJECTS COULD COME ONLINE. AND THEN THIS SLIDE SHOWS TOURS REVENUES FROM BOTH THE CITY AND THE COUNTY THAT WOULD COME IN OVER THE TERM OF THE OF THE TOURISTS, THE TOURS IS CURRENTLY SET FOR EXPIRATION. I THINK IN 2054. IT'S NOT PROPOSED THAT THE TERM ITSELF WOULD BE EXTENDED AGAIN, THIS SHOWS JUST MORE OF A LINE ITEM FOR HOW THE FUNDS WOULD COME IN ON AN ANNUAL BASIS. AND THEN PRIOR STEPS AND NEXT STEPS ASSOCIATED WITH TOURISM EXPANSION WILL HAVE THE PUBLIC HEARING TONIGHT ASSOCIATED WITH THE PLAN, WE'RE SCHEDULED TO GO TO HAYS COUNTY SEPTEMBER 17TH TO DO A PRESENTATION TO COMMISSIONERS COURT. RECEIVED THEIR FEEDBACK ON THE PLAN, AND THEN THEY'LL POTENTIALLY CONSIDER THE INTERLOCAL AGREEMENT TO ALLOCATE FUNDING AFTER HAYS COUNTY APPROVES THE PLAN AND THE INTERLOCAL AGREEMENT WILL COME BACK TO CITY COUNCIL FOR FORMAL APPROVAL OF THE TOURIST PLAN ITSELF. HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL MAY HAVE.

AND IF NONE, WE CAN MOVE ON TO THE PUBLIC HEARING. ALL RIGHT, AS STEPHANIE SAID, THIS IS JUST A PUBLIC HEARING NOT LISTED FOR ACTION. DOES ANYBODY HAVE ANY QUESTIONS ON THIS PARTICULAR ITEM? NO. I JUST WANT TO SAY I'M LOOKING FORWARD TO THIS, THIS INFRASTRUCTURE BEING PUT IN, ESPECIALLY BECAUSE YOU LOOK AT THE FLOODING THAT GOES IN AT QUAIL, QUAIL RIDGE IS PRETTY INTENSE. I MEAN, HALF OF THE SUBDIVISION GETS FLOODED OUT WHEN WE HAVE INTENSE RAIN. SO TO SEE THE, YOU KNOW, US PUTTING A REAL INVESTMENT IN MITIGATING THAT FLOODING, I MEAN, I'M REALLY I'M EXCITED. BUT THE ROADWAY ITSELF, I MEAN TO HAVE NORTH SOUTH CONNECTIVITY IS IMPORTANT, ESPECIALLY WHEN WE SEE BACKUPS ON I-35. YOU KNOW, WE SEE IT ALMOST AS A ONCE A WEEK YOU'LL HAVE A BIG BACKUP. SO IT'S IMPORTANT TO HAVE NORTH, SOUTH CONNECTIVITY. THE GOFORTH ROAD EXPANSION IS IMPORTANT. SO REALLY LOOKING FORWARD TO THIS PROJECT. SO I'M EXCITED. ANYONE ELSE ALL RIGHT, IF 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? DO I NEED TO CLOSE IT, STEPHANIE OR KEEP IT OPEN? ALL RIGHT. SEE, SEEING NONE. PUBLIC HEARING IS NOW CLOSED, NEXT UP, AGENDA ITEM 41. CONSIDER APPROVAL TO AWARD RFP 2020 406 TO CAPITAL

[41) Consider approval to award RFP 2024RB-06 to Capital Excavation Co for the Marketplace Avenue extension in an amount not to exceed $7,704,628.40.]

EXCAVATION FOR THE MARKETPLACE AVENUE EXTENSION IN AN AMOUNT NOT TO EXCEED $7,704,628.40.

MISS TRUELOVE, THIS IS THE FIRST OF NINE TO COME. YES, WE'RE VERY EXCITED TO BE HERE, ROSIE TRUELOVE, DIRECTOR OF ADMINISTRATIVE SERVICES, IN NOVEMBER OF 2022, THE CITY OF KYLE VOTERS PROPOSED PROPOSITION A, A ROAD BOND FOR EIGHT TRANSPORTATION PROJECTS ACROSS KYLE, TOTALING 10.3 TOTAL MILES OF NEW LOCATION RECONSTRUCTION AND WIDENING PROJECTS TO IMPROVE OUR TRANSPORTATION NETWORK. THIS PROJECT WILL CONNECT THE NORTHERN AND SOUTHERN SEGMENTS OF MARKETPLACE AVENUE FROM 1626 TO KOHLERS, CROSSING. NOTING THAT THE EXISTING SEGMENT FROM 1626 TO OLD BRIDGE TRAIL WILL BE WIDENED TO MATCH THE NEW SECTION ON DECEMBER 20TH, 23, THE MARKETPLACE AVENUE PROJECT WAS APPROVED BY COUNCIL. WE ISSUED AN RFP, A COMPETITIVE SEAL PROPOSAL ON JULY 8TH, ON AUGUST EIGHTH, THE PROPOSALS WERE RECEIVED FOR THE CONSTRUCTION CONTRACT. WE HAD AN APPROXIMATE ESTIMATE OF $11 MILLION FOR THIS PARTICULAR PROJECT, WE RECEIVED SIX SUBMITTALS, PRIOR TO OUR DEADLINE, WHICH WE THOUGHT WAS A GOOD SUBMISSION RATE FOR THIS, THOSE SUBMITTALS WERE FROM CAPITAL EXCAVATION, CASH CONSTRUCTION EASYBUILD CONSTRUCTION. JOE BLAND CONSTRUCTION. AARON CONCRETE CONTRACTORS AND SMITH CONTRACTING COMPANY. OUR EVALUATION CRITERIA CONSISTED OF EVALUATING THE CONTRACT PRICE, THE CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS, AND THE PROPOSED SCHEDULE. YOU CAN SEE FROM THE MATRIX HERE, THE HIGHEST RANKED FIRM WAS CAPITAL EXCAVATION, WITH A SIGNIFICANT DIFFERENCE BETWEEN CAPITAL EXCAVATION AND CASH CONSTRUCTION. AS A SECOND RANKED FIRM, I WOULD ALSO NOTE THAT CAPITAL EXCAVATION PROVIDED THE LOWEST PROPOSED PRICE ON THIS PARTICULAR PROJECT AS WELL, AT A PROPOSED COST OF 7.7046 28, ESTIMATED START DATE FOR CONSTRUCTION IS OCTOBER 7TH, 2024, NOT 2025, WE'RE NOT GOING TO COME BACK IN TIME TO FINISH IT ON AUGUST 11TH, 2025, AND

[03:35:01]

WE'RE BACK IN TIME TO FINISH. YEAH, WE'RE NOT GOING TO DO THAT. WE CAN'T TIME TRAVEL, AT LEAST NOT YET, BUT WE CAN RECOMMEND THAT WE APPROVE THE CONTRACT. WHEN WILL WE HAVE A GROUNDBREAKING? WE WILL HAVE A GROUNDBREAKING, WE ARE ANTICIPATING THAT NEAR THE START OF THE CONSTRUCTION OF THE PROJECT, SO I DON'T KNOW THAT RACHEL HAS A QUITE HAS A DATE YET, BUT I WOULD IMAGINE IN EARLY OCTOBER. AS FOR OCTOBER. YEAH, BECAUSE WE ANTICIPATE CONSTRUCTION WILL START ON, ON OR AROUND OCTOBER SEVENTH. OKAY, I ACTUALLY HAVE ONE MORE QUESTION, IF THAT'S OKAY ON THIS ONE. THE VIBE TRAIL I KNOW I NOTICED WILL'S PROBABLY GONE, BUT THE VIBE TRAIL THAT'S PROPOSED, I JUST WANTED TO, COULDN'T TELL IF IN THE ENGINEERING, IF THE CORNERING. LIKE, WHEN IT GOES FOR WHEN IT MAKES A HARD CORNER. IS IT CURVE? IS IT CURVILINEAR? IN OTHER WORDS, THIS TRAIL IS MEANT TO BE RIDDEN ON BY BIKES AND, YOU KNOW, STROLLERS AND JOGGERS AND A VARIETY OF THINGS AND WOULD WANT TO MAKE SURE THAT THE PATHWAY DOESN'T JUST DO A HARD TURN, BECAUSE THAT'S NOT THE WAY THAT THIS VIBE TRAIL SHOULD BE CONSTRUCTED. IT SHOULD NOT HAVE HARD CORNERS ON IT. SO BEFORE IT'S I KNOW IT'S WAY LATE IN THE GAME TO SEE THIS, BUT I JUST WANTED TO MAKE SURE THAT'S NOT COMING BECAUSE I'M GOING TO ASK MELISSA IF SHE KNOWS OR, I DID LEAVE. I'M SORRY CURVE, BUT YEAH, I DON'T KNOW THE I'LL SAY IT NOW CONCRETE ANSWER TO THAT. ARE YOU SAYING, LIKE THE CURVES? RIGHT. IF YOU EVER SEE WHEN THE SIDEWALKS GET CUT, THEY HAVE LIKE A HARD 90 DEGREE ANGLE. IF YOU'RE ON A GOLF CART OR A BIKE, YOU DON'T YOU'RE NOT GONNA YOU'RE GONNA HAVE TO STOP AND TURN LIKE IT'S SUPPOSED TO FLOW.

EXACTLY. DESIGNED FOR MOVEMENT OF A VARIETY OF. YEAH. BECAUSE I, I KNOW THAT SOME OF THE SIDEWALKS JUST ZIGZAG LIKE A SNAKE, AND IT'S KIND OF HARD. THERE ARE THERE ARE GOOD ONES THAT ARE IN OUR NEIGHBORHOODS, AND THERE ARE SOME BAD ONES THAT ARE EXACTLY. THAT MUST BE A REASON. THE ONE ON 2770 IS THE WORST AT THAT. THOSE JAGGED EDGES. THESE ARE LINES ON A ON A MAP TO PROVIDE SCALE FOR PITCHERS. BUT IT MADE ME THINK OF IT. I JUST WANTED TO MAKE SURE. BUT YES, THIS IS NOT THIS HARSH OF A OF A LINE LIKE THAT BY ANY MEANS. SO IS IT A, IS IT A HARD CUT OR IS IT ARE THAT JUST LIKE THE ONE NEXT TO THE PUBLIC SAFETY CENTER THAT WE CONSTRUCTED? IF YOU GO AND VIEW, IT IS CURVED, IT'S CURVILINEAR. THE WAY THAT IT GOES RIGHT THROUGH. SO THAT'S THIS SECTION I WANT TO MAKE SURE THIS MATCHES WITH THE DESIGN OF THE ONE NEXT TO THE PUBLIC SAFETY CENTER. SO YOU MAY NOT HAVE THE ANSWER TO THAT, BUT I WOULD LOVE FOR YOU TO LOOK INTO IT AND JUST CONFIRM IT. WE CAN LOOK AT OKAY, CERTAINLY THE SOUTHERN SECTION TO MAKE SURE. I THINK THE POINT IS WELL TAKEN THAT IT'S NOT JUST A HARD RIGHT TURN. YEAH, THAT'S THAT'S POOR DESIGN. SO WE'LL LOOK AT THAT AND WE'LL GET YOU THAT. WE'LL SEND THAT TO THE COUNCIL. WHO'S, WHO'S DOING THE DESIGN IS CAPITAL EXCAVATION DOING THE DESIGN OF THE VIBE AS WELL OR IT'S ALREADY CONSTRUCTING IT. CONSTRUCTION. THEY'RE DOING JOE, DO YOU NOT KNOW. YOU DON'T HAVE THE ANSWER ON THIS ONE BECAUSE WE'RE TAKING A HARD TURN LIKE THAT OFF OF ME.

SO THIS I MEAN, I WILL SAY FOR THE SCALE OF THIS MAP, IT WAS JUST KIND OF GENERALLY TRYING TO SHOW LOCATION LIKE THIS PURPLE LINE. IT'S DEFINITELY PLEASE, IT'S NOT THE ENGINEERING FOCUS OF IT, BUT WE CAN DEFINITELY I WOULD LIKE IT TO BE A STRAIGHT SIDEWALK. JUST WITHOUT THE CURVES AND EVERYTHING ELSE YOU WANT. THE HARD CORNERS, I MEAN, NO, JUST A STRAIGHT. YOU KNOW, SIDEWALK. YEAH, BUT BUT IT HAS TO BE. IT HAS TO FOLLOW THE CONTOURS AROUND THE ALL OF OUR NEW WATER INFRASTRUCTURE. AND I JUST DON'T WANT IT TO GO HARD, CORNER RIGHT INTO IT LIKE IT IS BY THE PUBLIC SAFETY CENTER. RIGHT? YEAH. RIGHT. THE SCHEMATIC IS SHOWING MAYOR AND COUNCIL. IT IS SHOWING A LITTLE BIT OF A CURVE. IT'S NOT MEANDERING. I MEAN, IT IS A 90 DEGREE TURN, BUT IT'S CURVED, IF THAT MAKES SENSE. OKAY. AND THEN WHAT WE'LL DO IS, IS 90 DEGREES IS REALLY HARD. WELL THAT'S BECAUSE THAT, THAT'S BECAUSE THE FOLKS WHO DEDICATED THE RIGHT OF WAY WANTED TO OBVIOUSLY THEY'RE GOING TO GIVE THE LEAST AMOUNT POSSIBLE, BUT THAT'S OKAY. JUST WE NEED TO CONSIDER THE A LOW SPEED VEHICLE GOING 12 MILES AN HOUR CAN'T IS IT IS IT GOING TO BE, YOU KNOW, AN ISSUE THERE BECAUSE YOU COULD HAVE BE MEETING OTHER FOLKS. SO RIGHT THERE ARE OTHER THINGS. MAYOR, I THINK YOU SAID IT BEST. IT'S WHAT WAS DEDICATED. BUT WITHIN THE CONSTRAINTS OF THE RIGHT OF WAY, IT DOES CURVE. ALTHOUGH IT'S A 90 DEGREE CURVE, IT'S NOT AS SHARP AS MELISSA SAID AS IT LOOKS. BUT WHAT WE'LL DO IS WE'LL GO BACK AND WE'LL SEE IF THERE'S BECAUSE IT'S AN EASY CHANGE. WHATEVER FLEXIBILITY THERE IS WITHIN THE RIGHT, IT WILL TAKE. OKAY, I'M THANKFUL THAT Y'ALL ARE GOING TO TAKE A LOOK AT THAT AND JUST MAKE SURE THAT, YEAH, BECAUSE IT FUNCTIONS THE WAY WE WANT IT TO. BECAUSE FOR ME, 90 DEGREES YOU'RE TELLING ME 90 DEGREES. THAT'S A STRAIGHT L. I MEAN THAT'S WHAT A 90 DEGREE TURN IS A STRAIGHT L I MEAN, YOU'RE YOU'RE TURNING COMPLETELY LEFT OR RIGHT. SO I'D LIKE TO SEE MAYBE A 65, 70, BUT A 90 DEGREE THAT'S REALLY TIGHT AND NOT TO ARGUE. YEAH. WELL THE RADIUS OF THE TURN IS REALLY,

[03:40:04]

REALLY MAX. BUT REMEMBER, IT, 90 DEGREES CAN BE MORE HARSH IF YOU'RE IN A FIVE FOOT SIDEWALK AS OPPOSED TO SOMETHING AS WIDE AS THE. I MEAN, IT'S NO GETTING AROUND THAT. IT'S 90 DEGREES.

BUT BUT IT'LL BE A LITTLE BIT MORE MANAGEABLE BECAUSE IT'S A WIDER FACILITY. WE'LL TAKE A LOOK AND SEE WHAT WE CAN DO IN THE RIGHT OF WAY THAT WE HAVE. THE RIGHT OF WAY WAS DEDICATED.

THEY WERE TRYING TO MAINTAIN AS MUCH OF THEIR PROPERTY FOR DEVELOPMENT AS POSSIBLE. ON THAT SITE. SO WE'LL LOOK AT IT. NO, WE'RE TRYING TO MAKE THE VIBE TRAIL PERFECTLY DESIGNED AND THEY GO AROUND IT, YOU KNOW WHAT I MEAN? LIKE THAT'S THE I MEAN, YES, USE IT EFFICIENTLY, BUT DON'T SACRIFICE THE ARCHITECTURE AND FLOW OF OUR PREEMINENT TRAIL FOR THIS BECAUSE OF THE DEVELOPERS WANTING TO GIVE A 20FT OF LESS LAND. IT'S THE WAY THAT'S THE WAY I WOULD APPROACH IT. IT'S A REALLY IMPORTANT. LET ME SEE IF WE CAN LOOK AT THE ACTUAL DESIGN OF THAT AREA AND BRING THAT BACK. OKAY. WE'RE REALLY PREPARED FOR THAT DISCUSSION. I KNOW, I KNOW, WE CAN DO THAT. I UNDERSTAND I'M SORRY FOR SPRINGING THAT ON YOU. SO HOW MUCH OF THE HOW MUCH ROAD IS BEING BUILT? HOW MUCH ROAD IS BEING BUILT RIGHT THERE? THE EXTENSION PART, BECAUSE I REALLY AM IMPRESSED WITH THEIR PRICES, WITH THEIR BID. I MEAN, THEY WERE BETTER THAN THE OTHER FOUR.

I'M JUST LOOKING TO SEE IF WE HAVE THE EXACT LENGTH IN THE PRESENTATION. I DON'T KNOW THAT I HAVE THAT IN THE PRESENTATION. 10.3 MILES. NO THAT'S NO, THAT'S THE TOTAL FOR OH, I THINK IT'S THE SHORTEST OF ALL THE ROADS MARKET, MAYOR, COUNCIL, THE ENTIRE ROAD IS JUST SHY OF. IT'S ABOUT 6/10 OF A MILE. YEAH. AND I DON'T HAVE THE EXACT MEASUREMENT, BUT A LITTLE BIT MORE THAN HALF IS THE NEW ALIGNMENT. AND THE REMAINING IS THE WIDENING IS WHAT SHE POINTED OUT OF THE EXISTING ROAD. THERE'S ALSO A LOT OF DRAINAGE INFRASTRUCTURE THAT IS GOING INTO THE ROAD, BECAUSE THE DRAINAGE OVER THERE DOESN'T LOOK LIKE IT'S PRETTY COMPLICATED.

WELL, THAT'S REALLY GOOD. NO, I'M GLAD TO SEE THAT THEY CAME IN UNDER MAYBE USE THEM UP MORE AS WE USE AS WE BUILD OTHER ROADS. WE WERE HAPPY TO SEE THE PRICING THAT WE GOT FROM ALL THE BIDDERS ON THIS PARTICULAR PROJECT ROW. THE RETAIL ROADS PROJECT ALSO CAME IN THE ONE AT THE BRICK AND MORTAR. IT CAME IN WITHIN BUDGET TOO. SO IT'S A GOOD IT'S A GOOD OMEN BECAUSE WE KNOW WE'VE GOT A COUPLE OF THESE PROJECTS DOWN THE ROAD WHERE WE'RE GOING TO NEED IT, AND WHAT WE DON'T WANT IS TO START SACRIFICING SCOPE, RIGHT? WE DON'T WANT TO. WHICH IS WHAT WE DID ON FILOMENA, BY THE WAY. BUT WE WANT THAT'S A GOOD PRICE, VALUE AND LAYMAN CONSTRUCTION MOTIONS. CAPITAL. MAYOR, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 41. SECOND, A MOTION BY COUNCILMEMBER HEIZER, SECONDED BY MAYOR PRO TEM RESO. WE APPROVE AGENDA ITEM 41. IS THERE A DISCUSSION ON THE MOTION? YEAH. I'LL JUST AGAIN EXCITED ABOUT THIS ROADWAY WITH THE NEW PUBLIC SAFETY CENTER SEEING THE OFFICERS ABLE TO TRANSITION THROUGH HERE, BUT ALSO, YOU KNOW, THE RESIDENTS I MEAN MARKETPLACE IS SOMETHING THAT WE'VE NEEDED FOR A LONG TIME TO SEE IT COMPLETE IS GREAT. I AGREE. AND IT GIVES UP BECAUSE THAT COW CROSSING, WHICH IS THE ONLY WAY TO GO NORTH WITHOUT GOING AROUND 1626 BECAUSE OF THE HISTORIC BRIDGE, GOES DOWN TO A ONE LANE ROAD. IT'S JUST NOT WHAT YOU NEED. THIS IS THIS IS A HUGE PIECE OF CONNECTIVITY FOR THE CITY, FOR SURE. BUT THE BIGGEST MILESTONE HERE IS THAT OUR FIRST PROJECT FROM OUR ROAD BOND IS NOW GETTING STARTED, AND I'D LOVE TO SEE WHEN WE HAVE PROJECT TWO AND THREE DOWN THE ROAD REALLY QUICKLY. SO EXCITED ABOUT THE FIRST PROJECT BEING DONE, ESPECIALLY SINCE WE PASSED THE BOND ALMOST TWO YEARS AGO. SO IT'S GREAT. ANY FURTHER DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO 0.

OKAY. I ALMOST FORGOT, BUT WE HAVE TO GO BACK TO 39 BECAUSE COUNCILMEMBER HEIZER WAS OUT AND WE'RE TRYING TO GET THE, FINAL, APPROVED. SO I'D LIKE TO MAKE A MOTION TO RECONSIDER AGENDA ITEM NUMBER 39. SO MOVED. ALL RIGHT. MOTION BY THE MAYOR, SECONDED BY COUNCIL MEMBER RIZZO. IS THERE DISCUSSION ON THE MOTION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES 7 TO 0.

I'D LIKE TO MOTION TO APPROVE. SECOND MOTION BY THE MAYOR. SECONDED BY COUNCIL MEMBER PARSLEY TO APPROVE AGENDA ITEM 39. DISCUSSION ON THE MOTION. ALL THOSE IN FAVOR SAY AYE. AYE.

ALL OPPOSED. MOTION CARRIES 7 TO 0. IS THERE ANY OBJECTION TO THIS ITEM BEING FINALLY PASSED? SEEING NONE, THIS ITEM IS FINALLY PASSED. YOU KNOW, WE TOOK A BREAK INSTEAD. THAT WAS AWESOME, WHAT WAS THE OTHER ONE, 25? ALL RIGHT, IS THERE ANY OBJECTION TO ITEM NUMBER 20 2025 BEING FINALLY PASSED? ARE YOU SURE? 25? YES. IT'S NOT LISTED AS FIRST READING. NOT 25. NO.

YES, IT IS 25. WE JUST FORGOT TO PUT ORDINANCE. WE JUST FORGOT TO PUT FIRST READING ON IT, NOT TO.

IT'S 25. IS THERE ANY OBJECTION TO ITEM NUMBER 25 BEING FINALLY PASSED? ALL RIGHT. SEEING NONE,

[42) Consider approval of a resolution creating a Mosquito Surveillance and Abatement Policy for the City of Kyle. ]

IT'S FINALLY PASSED. ALL RIGHT. NEXT UP IS AGENDA ITEM 42. CONSIDER APPROVAL OF A

[03:45:02]

RESOLUTION CREATING A MOSQUITO SURVEILLANCE AND ABATEMENT POLICY FOR THE CITY OF KYLE.

MISS SCHMITZ, HERE WE GO. GOOD EVENING, MAYOR AND COUNCIL. AMBER SCHMITZ, ASSISTANT CITY MANAGER FOR THE RECORD. SO HERE'S A LITTLE BIT OF HISTORY ABOUT THE ITEM BEFORE YOU TONIGHT. WE RECEIVED A COMPLAINT ABOUT A DETENTION POND AND A CHANNEL THAT ARE NOT MAINTAINED AND DO NOT PROPERLY DRAIN COLLECTING WATER ON THE BOTTOM. STAGNANT WATER ALLOWS MOSQUITOES TO MULTIPLY. MOSQUITOES CAN CARRY WEST NILE VIRUS AND OTHER DISEASES, CAUSING A PUBLIC HEALTH CONCERN. SO IN RESPONSE TO THE COMPLAINT, THE COUNCIL DIRECTED US TO PREPARE A PLAN FOR HANDLING MOSQUITO ISSUES. AFTER THAT, WE MET WITH HAYS COUNTY TO LEARN ABOUT THEIR EFFORTS AND POTENTIAL COLLABORATION OPPORTUNITIES, WE LEARNED THAT THE COUNTY USED TO HAVE A MOSQUITO SPRAYING PROGRAM, BUT THEY RECEIVED PUSHBACK IN THE PROGRAM IS NO LONGER ACTIVE, RIGHT NOW, ALL THEY DO IS PERFORM MOSQUITO SURVEILLANCE AND THEY TRACK CASES OF WEST NILE VIRUS. SO WE PREPARED A MOSQUITO SURVEILLANCE AND ABATEMENT POLICY FOR YOUR CONSIDERATION TONIGHT. SO THE SURVEILLANCE PIECE OF THE PROGRAM RIGHT NOW, HAYS COUNTY IS CURRENTLY MONITORING 19 LOCATIONS IN THE CITY OF KYLE. NO. ONE NILE VIRUS HAS BEEN DETECTED. AND THOSE ARE THE LOCATIONS THAT THEY'RE CURRENTLY MONITORING. THEY HAVE A LINK ON THEIR WEBSITE THAT YOU CAN GO CHECK THAT OUT, WHAT WE WOULD LIKE TO DO IN ADDITION TO THAT IS SET OUT TRAPS AT ADDITIONAL LOCATIONS BASED ON COMPLAINTS RECEIVED FOR TARGETED MONITORING AND THEN ONCE WE TRAP THOSE MOSQUITOES, WE WOULD SEND THEM TO THE STATE LABORATORY IN AUSTIN FOR TESTING AND REPORTING AS WELL. SO THAT WOULD BE IN ADDITION TO WHAT HAYS COUNTY IS DOING. SO OURS WOULD BE COMPLAINT BASIS ONLY THEN TO CONTROL MOSQUITO, WE PROPOSE THESE MEASURES, SOURCE REDUCTIO, REMOVING OR ELIMINATING SOURCES THAT ARE CURRENTLY BREEDING MOSQUITOES. SO WE'RE GOING TO MONITOR OUR END ON THAT. WE'RE GOING TO PROACTIVELY PURSUE MOWING POND MAINTENANCE, CHANNEL IMPROVEMENTS AND OTHER IMPROVEMENTS TO GET RID OF THOSE BREEDING HABITATS FOR MOSQUITOES. AND THEN WE'RE GOING TO ENCOURAGE THAT HOMEOWNERS, PROPERTY OWNERS, HOA'S THEY DO THE SAME THING, WE'RE ALSO PLAN TO DEPLOY A PUBLIC EDUCATION.

WE'LL USE OUR INTERNET WEBSITE, PRESENTATIONS, PRESS RELEASES TO TALK ABOUT OUR CURRENT RISK LEVEL, A MOSQUITO POPULATION AND DISEASE STATUS. AND THEN WE PROPOSE TWO PESTICIDE APPLICATIONS, THE FIRST OF WHICH IS LARVICIDE APPLICATION. IT TARGETS MOSQUITO LARVAE AND IS AVAILABLE IN DIFFERENT FORMS. IT'S BTI. WE'LL TALK ABOUT THAT A LITTLE BIT MORE. AND THEN ADULTICIDE APPLICATION WOULD ONLY BE CONSIDERED IF THERE WAS A WEST NILE VIRUS OUTBREAK. AND THAT WOULD MEAN MULTIPLE, ANIMALS, PEOPLE THAT HAVE ACTUALLY WEST NILE, AND IT REQUIRES A PERMIT FROM THE T-C-E-Q TO APPLY THAT PESTICIDE. AND THIS IS KIND OF HARD TO READ UP THERE, BUT THIS IS A CHART THAT EXPLAINS HOW WE WILL MEASURE WHAT RISK LEVEL WE'RE IN, AND IT CORRELATES OUR RESPONSE. AND THEN THE SURVEILLANCE THAT WE'RE GOING TO PERFORM. AND THEN THE CONTROL MEASURES THAT WE WILL DEPLOY IN RESPONSE TO THE RISK LEVEL THAT WE'RE AT. AND SO RISK LEVEL NUMBER ONE SAYS IT'S NORMAL MOSQUITO ACTIVITY WITH NO EVIDENCE OF A VIRUS OR DISEASE DETECTED DURING THE PAST THREE YEARS. AND THEN OUR RESPONSE TO THAT IS GOING TO BE NORMAL. WE'RE GOING TO DO OPTIONAL SURVEILLANCE. AGAIN, COMPLAINT BASED SURVEILLANCE. AND THEN OUR CONTROL MEASURES IS JUST TO USE PUBLIC INFORMATION TO PROMOTE SOURCE REDUCTION AND PERSONAL PROTECTION, RISK LEVEL TWO WOULD BE THE NORMAL MOSQUITO ACTIVITY WITH LITTLE OR NO EVIDENCE OF THE DISEASE. AND THEN, IF WE HAVE A HISTORICAL PRESENCE OF THE DISEASE OR VIRUS, THEN THEN WE WOULD BE IN, RISK LEVEL TWO. AND SO OUR RESPONSE IS GOING TO BE ENHANCED SURVEILLANCE WILL BE STRONGLY ENCOURAGED. AND WE'RE GOING TO DEPLOY PUBLIC EDUCATION SOURCE REDUCTION AND BTI APPLICATION. AND IN THAT, IN BTI APPLICATION, WE WOULD CONTRACT WITH A THIRD PARTY MOSQUITO SPRAYING COMPANY THAT WOULD COME OUT AND SPRAY IN TARGETED AREAS.

AND THIS IS A NORMAL ACTIVITY WITH LITTLE OR NO EVIDENCE. WE WOULD SPRAY. CORRECT. WE COULD WHY WOULD WE? YOU COULD MAKE YOU CAN MAKE, CHANGES TO THIS POLICY IF YOU WOULD LIKE IF YOU IF YOU DON'T LIKE THE THIS IS ONLY IF, IF WE DETECTED WEST NILE VIRUS IN THE LAST THREE YEARS, WE HAVE HISTORICAL EVIDENCE OF HAVING WEST NILE VIRUS. SO THAT WOULD BE THE REASON WE WOULD APPLY TO PROVIDE SOME CONTEXT OF WHEN YOU WOULD SPRAY WHAT WHAT THE CONTROL MEASURES WOULD BE. I

[03:50:05]

KNOW THAT THE COUNCIL'S DIRECTION WAS JUST TO LOOK AT SOME KIND OF SPRAYING PROGRAM.

MY EXPERIENCE WITH THIS AND FOR THE COUNCIL IS THAT WHETHER YOU SPRAY OR NOT SPRAY, YOU WILL BE CRITICIZED EITHER WAY. AND, WHICH IS A LOT OF THE THINGS THAT WE LOOK AT IN LOCAL GOVERNMENT, YOU HAVE SOME PTSD FROM BURLESON ON. THIS IS WHAT IS A DENTON ISSUE. AND IT IS VERY MUCH AND THERE'S CONCERNS ABOUT THE ENVIRONMENT, THE CONCERNS ABOUT WHAT CHEMICALS YOU'RE USING. THERE WILL ALSO BE CONCERNS FROM PEOPLE WHO SAY YOU'RE NOT SPRAYING. SO IT'S A DIFFICULT ISSUE. AND LOOKING AT THIS WITH SOME OF THESE RISK LEVELS IS THE WAY THE BEST WAY I'VE SEEN TO APPROACH IT, BUT THEY'RE NOT PERFECT. COUNCIL MEMBER HARRIS, IF THERE'S DIFFERENT WAYS THAT YOU'D LIKE TO APPROACH IT, WE WANTED TO GET SOME BUY IN FROM THE COUNCIL OF WHAT WOULD BE THE PROGRAM BEFORE WE JUST GO OUT AND START SPRAYING, BECAUSE AS I SAID, IF YOU SPRAY, YOU WILL GET COMPLAINTS ABOUT THE SPRAYING. AND WE WANT TO MAKE SURE THAT YOU'RE YOU'RE AWARE OF THAT AND YOU KNOW, ABOUT THOSE ISSUES IN ADVANCE. DOES ANYBODY HAVE ANY THOUGHTS, COMMENTS? COUNCILOR HARRIS I WOULD I WOULD PREFER TO NOT SEE SPRAYING START AT LEVEL TWO. I THINK WE NEED TO HAVE SOME EVIDENCE THAT THERE IS A MOSQUITO BORNE, WHETHER IT BE WEST NILE OR ZIKA OR OR ANY OF THE OTHER MOSQUITO BORNE ONES WOULD BE FINE, BUT I WOULD NOT LIKE TO SEE IT AT START AT LEVEL TWO BECAUSE THAT'S NORMAL ACTIVITY. YOU KNOW, THERE MAY BE A MOSQUITO THAT'S CAUGHT IN GEORGETOWN, WHICH THEY HAVE BEEN, AND FOR ROUND ROCK, WHICH IS IN THE 100 YEAR, 100 MILE RADIUS THAT WE HAD TALKED ABOUT ON THAT, AND THAT'S HIGHLY UNLIKELY TO AFFECT OUR COMMUNITY IN ANY WAY. RIGHT. AND THIS WOULD ONLY BE FOR MOSQUITOES THAT HAVE EVIDENCE OF DISEASE IN THE CITY OF KYLE. WE WOULD NOT DEPLOY A SPRAYING PROGRAM FOR SOMETHING THAT HAD BEEN DETECTED IN GEORGETOWN. THIS IS ONLY WITHIN CITY OF KYLE. I SUGGEST THAT WE NOT START SPRAYING AT LEVEL TWO. SURE, SURE. AND I WILL JUST SAY I DREW THE SHORT STRAW WHEN I WAS WHEN WE WERE TALKING ABOUT MOSQUITOES AND I KNOW MORE ABOUT MOSQUITOES THAN I EVER CARE TO KNOW. AND ABOUT HOW THEY REACT TO THE PESTICIDES. SO IT'S BEEN A FUN COUPLE OF WEEKS. YEAH, IT'S HARD TO GET RID OF THEM WITH, WITH SPRAYING. YOU KNOW, THEY JUST COME RIGHT BACK AND THE SPRAYING IS EXPENSIVE. AND SOURCE REDUCTION IS YOUR BEST.

ABSOLUTELY. YOUR BEST DEFENSE AGAINST MOSQUITOES, SO WE'RE DEFINITELY GOING TO ENCOURAGE THAT, AND SO WE JUST WORK OUR WAY THROUGH THE RISK LEVELS, NUMBER THREE IS THAT WE'VE ISOLATED MOSQUITOES AND WE'VE SEEN THAT THEY HAVE A TESTED POSITIVE FOR THE DISEASE. OUR RESPONSE IS THAT THAT'S A PUBLIC HEALTH CONCERN. WE'RE GOING TO INCREASE OUR SURVEILLANCE, AND THEN WE'RE GOING TO DEPLOY PUBLIC EDUCATION SOURCE REDUCTION. BTI APPLICATION. AT THAT POINT, AND THEN INCREASE OUR SURVEILLANCE EFFORTS, RISK LEVEL FOR MULTIPLE MOSQUITO POOLS COLLECTED AT DIFFERENT TIMES AND LOCATIONS, TEST POSITIVE FOR THE VIRUS DISEASES, SINGLE HUMAN CASE CONFIRMED WITH LABORATORY TESTING. THAT BECOMES A PUBLIC HEALTH WARNING. OUR SURVEILLANCE IS INCREASED. AND AGAIN, PUBLIC EDUCATION SOURCE REDUCTION. AND THEN WE WOULD INTENSIFY OUR BTI APPLICATION. AND FINALLY, NUMBER FIVE, WE WOULD HAVE THAT WOULD BE CONSIDERED AN OUTBREAK, MULTIPLE HUMAN CASES, CASES MUST BE CONFIRMED BY LABORATORY TESTING.

THAT WOULD BE A PUBLIC HEALTH ALERT. SURVEILLANCE WOULD BE INCREASED. WE WOULD BE NOTIFYING THE PUBLIC PRESS RELEASES. WE WOULD HAVE MEDICAL RESPONSES. AND THAT WOULD BE THE TARGETED ADULTICIDE APPLICATION, WHICH I SAID WOULD REQUIRE A TC, EC PERMIT BEFORE WE COULD APPLY THAT. SO THE OPTIONS FOR YOU TONIGHT TO APPROVE THE MOSQUITO SURVEILLANCE AND ABATEMENT POLICY AS PRESENTED, APPROVE WITH MODIFICATIONS. AS I HEARD TONIGHT, WE WOULD LIKE TO REMOVE THE BTI APPLICATION AT RESPONSE LEVEL TWO, RISK LEVEL TWO. AND YOU COULD NOT APPROVE THE POLICY PRESENTED. ALL RIGHT. DOES ANYBODY HAVE ANY COMMENTS? I'M FINE WITH THE PROPOSED AMENDMENT. YEAH I JUST WANT TO MAKE EVERYBODY AWARE THAT WE DID HAVE WEST NILE DETECTED HERE IN HAYS COUNTY. OUR FIRST CASE WAS HERE IN DRIPPING SPRINGS, JUST A COUPLE OF WEEKS AGO, AND NOW WITH THE TRIPLE E ON THE EAST COAST, WHICH IS PROVING TO BE DEADLY, IS, I MEAN, HOW LONG BEFORE IT GETS HERE? SO HAVING SOME KIND OF PLAN IS SOMETHING THAT I'M REALLY LOOKING FORWARD TO RIGHT NOW, I'M GLAD THAT, YOU KNOW, THE BIG THING IS SOMETHING WE TALKED ABOUT IS MITIGATION, RIGHT? MAKING SURE WE'RE GETTING RID OF STANDING WATER, MAKING SURE WE'RE GETTING RID OF PLACES THAT MOSQUITOES CAN THRIVE ON, IS IMPORTANT TO ME, BUT MAKING SURE WE HAVE A PLAN AS WELL, BECAUSE IF SOMETHING DOES GET DETECTED, THEN WE WANT TO MAKE SURE TO BE ABLE TO REACT IN IN

[03:55:01]

AMPLE TIME. RIGHT. BUT NOT HAVING A PLAN IS NOT GREAT. SO HAVING A PLAN IS PERFECT. SO I'M EXCITED. BUT, NO, WE DID HAVE OUR FIRST CASE AND HOPEFULLY THAT'S OUR ONE AND ONLY CASE.

AND BUT US TESTING, YOU KNOW, IS SOMETHING GREAT FOR THE PUBLIC BECAUSE NOW WE'RE ENSURING PUBLIC SAFETY. SO IT'S IMPORTAN. BUT IT IS COOL. I WAS JUST I JUST WANT TO ADD THAT WE ARE LOOKING AT THAT DRAINAGE CHANNEL THAT'S NEAR THE LIBRARY THAT WE RECEIVED. THE COMPLAINT ABOUT THE HOA IS RESPONSIBLE FOR SOME OF THE DRAINAGE CHANNEL AND THEN WE'RE RESPONSIBLE. WE WENT OVER THERE AND CLEANED UP OUR OUR PIECE OF THAT SECTION AND THEN WE'RE TALKING TO THE HOA ABOUT MAKING SURE THEY GET THEIRS CLEANED UP AS WELL. SO I'D LIKE TO MAKE A MOTION THAT WE ACCEPT THE PROPOSAL WITH THE AMENDMENT THAT STAGE TWO DOES NOT INCLUDE APPLICATION OF THE BTI. SECOND.

ALL RIGHT, MOTION BY COUNCIL MEMBER HARRIS, SECONDED BY MAYOR PRO TEM, THAT WE APPROVE AGENDA ITEM 42 WITH THE AMENDMENT THAT REMOVES BTI SPRAY FROM LEVEL TWO AND MOVES IT TO LEVEL THREE. IS THERE A DISCUSSION ON THE MOTIO? COUNCILMEMBER TOBIAS. SO WHEN IT SAYS MOSQUITO SURVEILLANCE, WHO ACTUALLY DOES THE SURVEILLANCE? HE'S COUNTY DOES THE SURVEILLANCE. AND THEN WE PROPOSE IN THIS POLICY TO DO IT ON COMPLAINT BASIS. NOW IF WE RECEIVE SOME POSITIVE TESTING OR HAYS COUNTY GETS POSITIVE TESTING, I WOULD IMAGINE THAT THE CITY OF KYLE WOULD THEN DEPLOY MORE TESTING ON OUR OWN AS WELL. SO THERE'S LIKE A TEAM OF PEOPLE THAT GO AND SURVEILLANCE. YEP. YEAH. YEAH. YEAH. EXACTLY THEY THEY SET TRAPS AND YES, THINGS LIKE THAT.

YES. AND UNFORTUNATELY THEY'RE IT'S A SMALL TEAM. SO IT TAKES ONE PERSON. IT'S ONE PERSON THAT GOES THROUGHOUT THE COUNTY AND SETS TRAPS IN DIFFERENT AREAS. SO REALLY IT'S NOT IT'S HE'S DOING THE BEST JOB HE CAN DO AS A PERSON. YEAH. SO HE'S IT'S ME MYSELF AND I THAT'S HIS TEAM RIGHT. SO BUT HE'S THEY'RE DOING IT AND THEY HAVE FOUND SOME WEST NILE IN HAYS COUNTY. BUT IT WAS JUST ONE CASE. SO WE'RE I THINK WE'RE GOOD. SO WE'LL SEE WHAT HAPPENS. HOPEFULLY THIS TEAM THIS GUY CAN RAMP UP MOSQUITO WRANGLER. YEAH I WAS THINKING WHAT ABOUT OUR NEW CAMERAS? COULD THEY PICK IT UP? YEAH SURVEILLANCE CAMERAS. WE'RE GOING. IF WE'RE GOING ALL SURVEILLANCE ON MOSQUITO READER. YEAH, YEAH. ALL RIGHT, ANY FURTHER DISCUSSION? ALL THOSE IN

[43) Consider approval of an agreement with Thirkettle Corporation dba Aqua Metric for the products and services to implement an Advanced Metering Infrastructure utility metering reading system in the amount of $2,851,705.52 via the Houston-Galveston Area Council cooperative contract. ]

FAVOR SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION CARRIES 7 TO 0. NEXT UP, AGENDA ITEM 43.

CONSIDER APPROVAL OF AN AGREEMENT WITH THURKETTLE CORPORATION, DBA AQUA METRIC FOR THE PRODUCTS AND SERVICES TO IMPLEMENT AN ARMY UTILITY METERING READING SYSTEM IN THE AMOUNT OF $2,851,705.52 VIA THE HOUSTON-GALVESTON AREA COUNCIL COOPERATIVE CONTRACT. YOU'RE NOT MR. TRUELOVE. GOOD EVENING COUNCIL. FOR THE RECORD, MIKE MURPHY, DIRECTOR OF WATER UTILITIES. I'M GOING TO GO THROUGH THIS REALLY FAST, IF THAT'S OKAY WITH IT. WELL, YEAH, BUT THIS IS A BIG ONE. SO. SO YEAH, ALMOST $3 MILLION. THIS IS A REALLY BIG DEAL FOR US. SO THE CONVERSATION ABOUT ARMY HAS BEEN GOING ON FOR OVER TEN YEARS. WE'RE TRYING TO FIGURE OUT EXACTLY HOW LONG THAT WAS. BUT IT'S BEEN A WHILE SINCE ROBERT RIZZO WAS ELECTED TO COUNCIL.

YEAH, HE'S BEEN VERY ELECTED. HE'S BEEN A BIG PART OF THIS. SO THE WATER METERS, THE WATER METERS ARE CURRENTLY READ WITH THE USE OF AUTOMATIC METER READING SYSTEM. AND SO WHAT WE'RE GOING TO DO IS WE'RE GOING TO CONVERT THAT TO ARMY, WHICH IS THE ADVANCED METERING INFRASTRUCTURE. AND ALSO THAT WE'RE GOING TO HAVE A CUSTOMER DASHBOARD THAT I'M SURE OUR CITIZENS ARE GOING TO LOVE, BECAUSE IT'S GOING TO BE VERY COOL, SO, ADVANCED METERING INFRASTRUCTURE BENEFITS, WILL NO LONGER BE DRIVING BY YOUR HOUSE AND DISTURBING YOU AND YOUR FRIENDS, THE ALERTS AND NOTIFICATIONS FOR CUSTOMERS WILL BE, NO. DO. THERE WILL THERE WILL BE NO ABNORMAL WATER CONSUMPTION, AND THE INSIGHTFUL REPORTING OF THE CUSTOMER MANAGEMENT TOOLS ARE THERE TO HELP BOTH THE CUSTOMER AND THE UTILITY BETTER UNDERSTAND THE DEMANDS, SO YOU CAN YOU CAN KIND OF READ ALONG WITH ME HERE, BUT THIS IS GOING TO BE A HUGE UPGRADE TO OUR SYSTEM, INCLUDING THE BILLING ACCURACY, WHICH IS A BIG DEAL IN METER READING. SO SOME OF THE THINGS THAT WE'RE DOING INTERNALLY WORKING WITH, AQUA, AQUA METRIC, WE'RE PREPARING THE EXISTING LIDS WE'VE GOT, WE'RE DOING THAT INSIDE IN STAFF OR IN OUR GARAG, OUR NOT MY GARAGE, BUT IN, IN THE PUBLIC WORKS GARAGE. I DON'T HAVE A GARAGE. RIGHT NOW. I'VE GOT A I'VE GOT A LEAN TO THERE. BUT ANYHOW SO THIS IS GOING TO, THIS IS GOING TO SAVE US A LOT OF TIME AND MONEY. WE, WE ANTICIPATE THAT WE MAY BE ABLE TO SAVE AS MUCH AS $100,000 ON THE CONTRACT AND SAVE ABOUT 60 TO 80 DAYS. SO THE BASE STATION AND INSTALL WILL ALLOW US COMMUNICATION WITH, WITH OTHER METER RADIOS. SO TYPICALLY YOU WILL INSTALL THESE ON ELEVATED