* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:02] OKAY, AT THIS TIME WE'LL [I) Call Meeting to Order and Roll Call] CALL THE REGULAR MEETING TO ORDER 7 0 3 ON DECEMBER 3RD. OKAY, COOL. ALRIGHT. THE ROLL CALL. SORRY. WE'LL NOW CALL OUR MEETING TO ORDER. THE TIME IS, UH, 7:04 PM AND, UM, WE'LL NOW HAVE OUR PLEASURE OF ALLEGIANCE. OUR PLEASURE, ALLEGIANCE, FLAG OF THE UNITED STATES OF AMERICA REPUBLIC ONE NATION UNDER GOD, INDIVIDUAL LIBERTY JUSTICE. FOR ALL THE CITY SECRETARY, PLEASE CALL ROB MITCHELL RIZZO. PRESENT HE HERE. ZUNIGA, PRESENT HARRIS. HERE. PARSLEY HERE. BE PRESENT. ALRIGHT, WE HAVE SIX MEMBERS PRESENT. WE HAVE A QUORUM. UM, I'D LIKE TO, UH, MAKE A MOTION TO EXCUSE THE MAYOR FOR DUE SICKNESS. SECOND. ALL, ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED. MOTION PASSES. ALL RIGHT. AT THIS [II) Approval of Minutes] TIME WE WILL OPEN UP OUR CITIZEN'S COMMENT. OH, I'M SORRY, OUR MINUTES. SORRY. MAY PRO TIM RIZZO WOULD LIKE TO GO AND MAKE A MOTION TO APPROVE THE MINUTES FOR CITY COUNCIL MEETING. NOVEMBER THE 19TH. SPECIAL MEETING, INCLUDING THE SPECIAL MEETING MINUTES FOR NOVEMBER 19TH AT SIX AND THE REGULAR MEETING MINUTES ON THE SAME DAY. NOVEMBER 19TH, 2024. WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND. WE HAVE A SECOND. COUNCIL MEMBER. PARSLEY. ALL THOSE IN FAVOR SAY AYE. A AYE. ALL THOSE OPPOSED MINUTES APPROVED. THANK YOU. ALL THIS [III) Citizen Comment Period with City Council] TIME WE'LL OPEN UP OUR CITIZENS COMMENT PERIOD. THIS TIME WE WILL, UM, ANY CITIZENS IN THE AUDIENCE WISHING TO SPEAK, PLEASE, UH, FILL OUT A CITIZEN COMMENT FORM. UH, KEEP YOUR, UH, COMMENTS TO THREE MINUTES OR, OR LESS. AND, UM, KEEP YOUR COMMENTS DIRECTED AT THE MAYOR COUNCIL. AND IS THERE ANYBODY REGISTERED? WE'VE GOT ONE FORUM. UH, JASON, JASON PAYNE, HONORABLE MAYOR, PRO TIP DISTINGUISHED MEMBERS OF THE COUNCIL MEMBERS PRESENT. UH, AGAIN, MY NAME IS JASON PAYNE. I REPRESENT THE KYLE VFW POST 1 2 0 5 8. I JUST COULDN'T GIVE A, UH, MORE UPDATE ON EVERYTHING THAT WE'VE GOT GOING ON WITH OUR KYLE VFW. UM, WE ARE, UH, WE HAD A REALLY SUCCESSFUL, I KNOW I PROBABLY SAID THIS, UH, LAST MONTH. WE HAVE REALLY SUCCESSFUL, UH, HAUNTED HOUSE EVENT. UH, LOTS OF PEOPLE CAME OUT AND ENJOYED IT. UH, WE'RE GOING TO DO IT BETTER AGAIN NEXT YEAR. UM, A LOT OF MONEY, UH, DONATIONS AND STUFF TO GO AND TO THE KITTY TO HELP OUT COMMUNITY AND STUFF LIKE THAT. UH, WE HAVE ALSO ENTERED INTO A PARTNERSHIP WITH THE AMERICAN RED CROSS. UH, THE KYLE VFW POST IS NOW GOING TO, WE'RE WORKING WITH THEM TO HAVE IT SET UP AS A, UM, KIND OF LIKE A DISASTER RESPONSE AREA. SO WE'RE GONNA BE ABLE TO STAGE STUFF FOR THEM AS WELL AS, UH, ALLOW ANY OF THEIR WORKERS IN CASE OF NATURAL DISASTER TO BE ABLE TO BE THERE AT OUR FACILITY FOR STAGING AND, AND PLANNING AND MOVEMENT AND EVERYTHING. UH, THAT BEING SAID, WE'RE ALSO, UH, INCORPORATING OUR COMMUNITY CLOSET THAT WE JUST BROKE. UH, RIBBON ON, CUT, RIBBON ON. SO WE HAVE A COMMUNITY CLOSET THAT WE HAVE, UH, CLOTHING. WE ACCEPT DONATIONS OF GENTLY USED STUFF AND WE'LL CLEAN IT AND PUT IT IN THERE. WE HAVE CLOTHING, UH, CANNED FOOD. WE HAVE SOME CLEANING SUPPLIES, DIAPERS, TOYS FOR KIDS. SO IT'S FOR THE COMMUNITY. IF THEY FIND THEMSELVES IN ANY NEED, NO MATTER WHAT THE NEED IT IS, IF THEY FIND THEMSELVES IN NEED TO BE ABLE TO USE OUR COMMUNITY CLOSET, THEY JUST HAVE TO MAKE CONTACT WITH US. SOMEBODY WILL OPEN IT UP AND THEY CAN GO IN THERE AND TAKE WHAT THEY NEED AND NOT HAVE TO STRESS OVER IT. SO, AND AS PEOPLE FIND THINGS THEY NEED, WE'RE GOING TO KEEP IT STOCKED WITH STUFF TO BENEFIT THE COMMUNITY FOR THEIR NEEDS AND EVERYTHING. UM, WE ARE ALSO GOING TO BE SETTING UP TO DO CLASSES. UH, UM, I HAVEN'T WORKED EVERYTHING OUT YET, BUT I AM A, UH, AUTHORIZED OUTREACH INSTRUCTOR FOR OSHA. SO I WILL BE OFFERING A PRICE RANGE, APPROXIMATELY $25, UH, OSHA, 10 CONSTRUCTION COURSES FOR ANYBODY IN THE COMMUNITY THAT WANTS TO TAKE THEM. UH, THAT REASON FOR THE PRICE IS TO GIVE SOME TO THE POST AS WELL AS, UH, PAY FOR THE, UM, CARDS. I'M ALSO GONNA START TEACHING, UH, HAVING, UH, FIRST AID CPR CLASSES AT MINIMUM COST, PROBABLY SAME PRICE, $25 TO, TO [00:05:01] THE COMMUNITY AS THEY NEED FOR, UH, COME IN, GET A-A-C-P-R TRAINING. AND I CAN ALSO DO, UH, NURSING AND, UM, FIRST RESPONDER CEES AS NEEDED FOR STUFF LIKE THAT. I'M A, I OWN A, UM, A TRAINING FACILITY, SO I HAVE ACCESS TO BEING ABLE TO RUN EVERYTHING THROUGH THE, UH, UH, SYSTEM AND GET THEM THEIR CES AS NEEDED. UH, THANK YOU FOR ALLOWING ME TO SPEAK AND, UH, SEE Y'ALL NEXT, NEXT TIME. JASON, THANK YOU. IN THE VFW. APPRECIATE IT. THANK YOU, MA'AM. THANK YOU SIR. ALRIGHT, THIS TIME. IS THERE ANYONE ELSE IN THE AUDIENCE WISHING TO SPEAK? YES. OKAY, GO AHEAD PLEASE. GOOD EVENING, MEMBERS OF COUNCIL. MY NAME IS STEPHANIE MCDONALD. I WOULD LIKE TO ASK THAT YOU WOULD MOVE AGENDA ITEMS NUMBER THREE, 10 AND 11 TO THE TOP OF THE DISCUSSION. NUMBER THREE, I WANTED TO TALK TO YOU ABOUT THE WATER, THE MUTUAL AID AGREEMENT BETWEEN THE CITY OF SAN MARCO AND THE CITY OF KYLE. UM, WE ARE STILL ON STAGE THREE RESTRICTIONS, AND I'M QUESTIONING THIS, UH, AGREEMENT. UM, IT WASN'T, THIS PROVISION WAS NOT PLACED IN YOUR ORIGINAL AGREEMENT WITH SAN MARCUS, AND WE ARE STILL HAVING WATER ISSUES AND I'M CONCERNED ABOUT THAT. WHO WOULD BE MAKING THAT DECISION AND AT WHAT POINT IT WOULD BE MADE? UM, I BELIEVE IT'S THE CITY MANAGER. IT WOULD DETERMINE AT WHAT POINT WE WOULD LOSE THIS PRECIOUS RESOURCE. SO I'D LIKE TO SEE SOME DISCUSSION ON THAT TO, UH, WE'RE STILL DEVELOP, STILL DEVELOPING AT BREAKNECK SPEED, AND I WOULD LIKE TO SEE THE BRAKES TAPPED ON THAT A LITTLE BIT. WE NEED A MORE TO ON BUILDING CATCH OUR BREATH. WE JUST DID THE SWAP ON DEVELOPMENTS WHERE WE TOOK, UM, RESPONSIBILITY FOR THE, WHAT WAS THE MONARCH RESPONSIBILITY FOR ONE OF THE LARGER DEVELOPMENTS. AND THEY GAVE US THAT AND WE GAVE THEM A DEVELOPMENT THAT HAD, UH, LESS WATER USAGE THAT WAS NOT IN OUR JURISDICTION, WE SWAPPED, BUT, UM, I'M JUST CONCERNED ABOUT OUR WATER STILL AND OUR INFRASTRUCTURE. AND NUMBER 10, OUR CITY ETHICS COMPLIANCE OFFICER, SARAH KERR. UM, AS FAR AS I COULD SEE, SHE DIDN'T HAVE ANY EXPERIENCE IN ETHICAL LAW. AND THIS IS FOR THE CITY ETHICS COMPLIANCE OFFICER OFFICER. UM, I WOULD LIKE TO SEE SOMEONE TAKE THAT POSITION THAT'S EXPERIENCED. IT'S A VERY IMPORTANT POSITION, UM, AND I WOULD LIKE TO SEE THIS GIVEN VERY SERIOUS CONSIDERATION AS TO WHO WE CHOOSE FOR THIS POSITION. AND THAT'S ALL I HAVE FOR TONIGHT. THANK YOU VERY MUCH. THANK YOU, MS. MCDONALD. ANYBODY ELSE? JUST REMEMBER TO FILL OUT A FORM, PLEASE. THANK YOU. ALRIGHT. GOOD EVENING, COUNSEL. UH, MY NAME IS YVONNE FLORES KALE, AND I JUST WANNA TOUCH ON A FEW AGENDA ITEM ISSUES THAT I HAVE. UM, THE FIRST ONE BEING AGENDA ITEM NUMBER THREE. I'M GOING TO ASK COUNSEL, UM, AT WHOEVER CREATES THE AGENDA TO PLEASE STOP PLACING WATER DISCUSSIONS ON THE CONSENT WATER IS OF THE MOST IMPORTANCE TO THE MAJORITY OF YOUR RESIDENTS. AND SO INSTEAD OF HAVING TO PULL IT EVERY TIME, IT PROBABLY MAKES MORE SENSE TO STICK IT UNDER, UH, CONSIDER IMPOSSIBLE ACTION. UM, I WOULD ALSO LIKE TO SEE, UM, ANY KIND OF TRANSFER OF WATER GO THROUGH THE COUNCIL AND NOT JUST THROUGH STAFF. AND THAT'S JUST TO KEEP THE RESIDENTS APPRISED AS TO HOW THE WATER'S GOING BACK AND FORTH. UM, AGENDA ITEM NUMBER 11 HAS TO DO WITH, UM, BORROWING MONEY AGAINST, UH, FUTURE BONDS. AND I HAVE A QUESTION AS FAR AS, UM, WHERE SOME OF THESE ARE GOING FROM, FROM I, LIKE COUNCIL DISCUSSED THE DIFFERENT BOND PROJECTS. IT LOOKS LIKE THERE'S A UTILITY SYSTEM IMPROVEMENTS. UH, WHICH BOND IS THAT COMING FROM THE STREET IMPROVEMENTS? IT'S AT THE 2022 ROAD BOND. IT LOOKS LIKE THERE'S AN ANIMAL SHELTER. I DON'T REMEMBER ANY PRIOR BOND WHICH WOULD COVER THIS. UM, WE HAVE PARKS AND A, UM, AND I'D LIKE TO SEE WHICH PARKS, UH, ARE GONNA GET IMPROVEMENTS AND WHAT THOSE IMPROVEMENTS WILL BE. IS THAT COMING FROM THE 22 OR THE 2020 PARKS BOND? AND IF SO, IS IT THE CITIES OR THE COUNTY BOND? UM, WHERE IS THE UPFRONT COMING FROM? UPFRONT FUNDING COMING FROM? SO WHICH SOURCE, UM, IS IT GONNA BE THE, THE GENERAL FUND? IS IT, IS IT GONNA BE A PRIOR BOND FUND? UM, ARE THERE ANY OF THESE, UH, ARE ANY OF THESE GONNA BE FUTURE BONDS? AND HOW MUCH WILL THIS AFFECT, UM, THE RESIDENT TAXES? FINALLY, I WOULD LIKE TO SPEAK ON AN AGENDA ITEM, UM, 10 AS WELL. I WOULD LIKE TO ASK THE COUNCIL TO PUT [00:10:01] A LITTLE BIT MORE, UH, TIME AND EFFORT INTO FINDING THE CITY'S ETHICS ATTORNEY. READING THE BACKUP MATERIAL. IT WAS PRETTY DISCONCERT, IT WAS CONCERNING SEEING THAT THERE WAS ONLY ONE RESPONSE TO THE CITY'S, UH, REQUEST. SO I DON'T KNOW IF THAT MEANS THERE'S SOMETHING, UH, THAT THE PEOPLE AREN'T WANTING TO APPLY OR IF ALL WE'RE GETTING IS JUST ONE BECAUSE THERE'S NOT ENOUGH PUBLICATION. SO THANK YOU FOR YOUR TIME. THANK, THANK YOU MS. K. RIGHT. IS THERE ANYONE ELSE WISHING TO SPEAK? SEEING NONE. WE'LL NOW CLOSE OUR CITIZENS' COMMENT PERIOD. PERIOD IS NOW CLOSED. IS THERE ANY [IV) Agenda Order] AGENDA ORDER THAT COUNSEL WOULD LIKE TO DO? I SEE NONE. WE'LL MOVE [V) Consent Agenda] ON. UH, AGENDA ITEMS? UM, ANY MOTIONS? ANYONE WANNA PULL ANYTHING? MAYOR PRO TIM? THREE. THREE. UM, SIX AND FOUR. ANYTHING ELSE? AN AGENDA? I'LL ENTERTAIN MOTIONS. MAYOR TIM, I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM FIVE, SEVEN, AND EIGHT. WE HAVE A MOTION. SECOND. WE HAVE A SECOND AS WELL. COUNCIL MEMBER HEISER TO APPROVE. AGENDA ITEMS. 5, 7, 8. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED? MOTION PASSES. ALRIGHT. OKAY. ALRIGHT. [VI) Items Pulled from Consent Agenda] UH, CONSENT AGENDA NUMBER THREE. COUNCIL MEMBER TOUS. YES, SIR. THANK YOU. MAYOR PROTI. UH, OBVIOUSLY WE'RE TALKING ABOUT WATER AND SO, AND WHOEVER CAN COME UP AND JUST BASICALLY GIVE AN OVERVIEW OF WHAT THIS AGENDA ITEM IS AND, UH, WHY, UH, WE ARE ASKING FOR THE PERMIT TO GIVE THE RESIDENTS, UH, A WHOLE UNDERSTANDING OF THE, THE ISSUE WITH SAN MARCUS AND WITH KYLE. THANK YOU. OKAY. MIKE MURPHY, DIRECTOR OF WATER UTILITIES. SO THE ITEM BEFORE YOU TONIGHT, UH, ON WITH SAN MARCOS IS A WATER SHARING AGREEMENT. UM, AS YOU ALL REMEMBER, UH, AND I CAN KIND OF GO, IF YOU WANT ME TO GO THROUGH THE SLIDES, I CAN DO THAT, OR I CAN JUST ANSWER YOUR QUESTION DIRECTLY IF YOU DON'T MIND GOING THROUGH IT. JUST SO THAT WAY JUST GO THROUGH, IF YOU DON'T MIND. YEAH. BECAUSE THERE'S OTHER PEOPLE OUT THERE THAT ARE WATCHING THAT MAY HAVE JUST RAN ACROSS THIS AND MAY HAVE AN, I WANT TO GET AN IDEA OF WHAT YEAH. WHAT THIS IS ABOUT. UM, IF, IF YOU REMEMBER ON MAY 7TH, UM, OF THIS YEAR, UH, SAN MARCUS AND KYLE ENTERED INTO AN INTERLOCAL AGREEMENT FOR ROUGHLY 500,000 GALLONS OF WATER PER DAY. UM, AND, AND THAT WAS AS A RESULT OF, UH, ADDITIONAL WATER THAT SAN MARCO HAD AND OUR NEED FOR ADDITIONAL WATER DURING THE, THE, YOU KNOW, THE HOT DAYS OF SUMMER, UM, WHEN WE'RE, WE'RE STRUGGLING WITH, UH, UH, WITH, WITH RESTRICTIONS AND LACK OF RAINFALL. SO THAT WAS THE MAIN REASON WE ENTERED INTO THAT AGREEMENT. OKAY. UM, SO UNDER THE INTERLOCAL AGREEMENT, UH, THE ALLOWANCE OF 500 ACRE FEET PER YEAR, UM, EA OUT OF THE EDWARDS AQUIFER, UH, PERMITTING CAPACITY FROM SAN MARCUS PERMIT CALENDAR OF 24, THESE, THESE COVER THE YEARS OF THE REMAINING YEARS OF 2024, ALL OF 25, AND THEN ALL OF 26. UH, THE, THE ADDENDUM BEING PRESENTED, UH, TONIGHT IS, UH, FOR APPROVAL WILL PROVIDE THE CITY MANAGER OR HIS DESIGNEE, UH, OF EACH. AND THIS IS CITY, UH, MANAGER OF KYLE AND THE CITY MANAGER OF SAN MARCOS. UH, AUTHORIZATION TO ADMINISTRATIVELY APPROVE, UH, THE AMOUNT OF EAA WATER THAT IS MADE AVAILABLE TO SAN MARCO UNDER THIS AGREEMENT. THE ADDENDUM ALLOWS KYLE THE ABILITY TO RETURN EAA PERMITTING CAPACITY TO SAN MARCOS FOR CALENDAR YEARS OF 24 THROUGH 26, UH, STARTING THIS YEAR. UM, AND, AND WHAT WE WOULD LIKE TO DO AS PART OF THIS AGREEMENT, UM, IS PROVIDE SOME WATER TO, TO, UH, SAN MARCOS FOR THE REMAINING PART OF 24 FOR THE MONTH OF DECEMBER. UM, AND, UM, SO THAT'S WHAT WE ARE, WHAT WE'RE OFFERING THEM IS ABOUT, UH, HALF OF THE FIVE OR 445,000 GALLON PER DAY CAPACITY TO SAN MARCOS FOR THEM TO, UH, TO MEET THEIR PERMIT NEEDS. THIS IS WATER THAT WE HAVE AVAILABLE. THIS IS TYPICALLY OUR LOWEST PART OF THE YEAR AS FAR AS WATER CONSUMPTION, UH, GOES FROM THE MONTH OF, TOWARDS THE END OF NOVEMBER, THROUGH THE END OF FEBRUARY. THOSE ARE OUR LOWEST, UH, UH, USE DAYS JUST BECAUSE OF THE, THE COOLER WEATHER. AND SO WHAT BASICALLY, UM, THIS, THIS WILL ALLOW US, AND THIS IS KIND OF THE, THE INTERLOCAL AGREEMENT. THE INNER WORKINGS OF THE INTERLOCAL AGREEMENT. [00:15:01] UM, AND, UM, SO WE WILL BE ABLE TO HELP OUT SAN MARCOS. IN ADDITION, THEY'RE GOING TO PAY US FOR THAT WATER. SO WE'RE NOT LOSING ANYTHING. WE'RE ACTUALLY SAVING MONEY. 'CAUSE THIS IS, IF YOU TAKE THE 500 ACRE FEET OF WATER THAT WE GET FROM SAN MARCUS PER YEAR UNDER THIS AGREEMENT, IF WE HAVE SURPLUS WATER AT THE END OF THE YEAR, WE STILL HAVE TO PAY FOR IT IF WE HAVEN'T USED IT. SO THIS IS A TAKE OR PAY CONTRACT WITH SAN MARCO. AND SO BY US DOING IT BENEFITS US BOTH. IT HELPS THEM OUT, UM, IF, IF THEY NEED THAT ADDITIONAL WATER AND, AND ALSO TAKES THAT COST BURDEN OFF OF THE CITY. SO, UM, WATER, UM, UNDER THIS AGREEMENT WILL BE WITHDRAWN SOLELY AT COWS, UM, EXISTING EAA WELLS. UM, THE, THIS IS PART OF THE ORIGINAL AGREEMENT. UH, KIND OF GETTING INTO THAT, THE MAXIMUM AMOUNT OF WATER THAT MAY BE PUMPED UNDER THIS AGREEMENT IS 500 ACRE FEET. WE'VE ALREADY COVERED THAT. AND THEN IS THE CITY OF CAL MEET OR EXCEED SAN MARCUS' DROUGHT RESTRICTIONS? THOSE ARE ALL THINGS THAT ARE IN THE ORIGINAL AGREEMENT. OKAY. SO, UM, THESE, THESE ARE JUST THE, THE, UH, A, A A SERIES OF, UM, AGREEMENTS, INTERLOCAL AGREEMENTS THAT GOING BACK TO, UH, DECEMBER OF 22, THAT THE CITY OF KYLE AND CITY OF SAN MARCO HAVE WORKED HAND IN HAND IN A COOPERATIVE AGREEMENT, UM, THROUGHOUT THE YEARS AND THIS, AND ENDING WITH THE LATEST ONE IN WHICH WE'RE UNDER RIGHT NOW. SO WHAT WE'RE ASKING IS IT TO APPROVE THIS ADDENDUM AND THAT BASICALLY WHAT THIS GIVES IN, IN A NUTSHELL, WHAT THIS GIVES THE CITY MANAGER THE ABILITY TO DO WORKING WITH SAM MARCUS' CITY MANAGER, IS TO SHARE THE WATER IF WE HAVE WATER AVAILABLE, AND THEN THEY, THEY WILL, UH, WE WILL DEDUCT THE AMOUNT OF THAT WE WOULD PAY FOR THAT WATER DEPENDING ON HOW MUCH THEY ASK FOR IF WE HAVE IT AVAILABLE. THIS IS JUST A GOOD BUSINESS ARRANGEMENT BETWEEN TWO NEIGHBORING CITIES. UM, IF WE HAVE SURPLUS WATER AT THE END OF THE YEAR, WE MAKE IT AVAILABLE TO SAN MARCOS IF THEY NEED IT. CHANCES ARE THEY PROBABLY WON'T. BUT IF THEY DO, THEN, THEN WE MAKE THAT AVAILABLE IN THE CITY MANAGER, UH, OR HIS DESIGNEE AND VICE VERSA CAN, CAN MAKE THIS, THIS AGREEMENT. BUT IT GIVES THE, THE CITY THE ABILITY TO DO THAT IF THE, IF THE NEED ARISES. OKAY. AND SO WE, WE RECOMMEND THIS, UM, BEING A GOOD NEIGHBOR WITH SAM MARCUS AND THEM DOING THE SAME WITH US. THIS IS, THIS IS A GOOD, THIS IS A GOOD INTERLOCAL AGREEMENT, I THINK. GREAT. THANK YOU. UM, THAT'S KIND OF WHAT I WANTED TO GET THROUGH IN, IN A NUTSHELL TO GET PEOPLE TO UNDERSTAND AND, UM, BECAUSE WATER IS, UH, A BIG ISSUE FOR OUR CITY, SAN MARCUS AND A BUNCH OF OTHER SURROUNDING COUNTIES AND CITIES AS WELL. SO, UH, IT IS JUST, I WANTED TO BE ABLE TO HAVE OUR RESIDENTS TO BE ABLE TO UNDERSTAND WHAT WE'RE DOING IS BASICALLY IF IT'S WATER THAT WE DON'T USE AND SAN MARCUS NEEDS, IT'S KIND OF LIKE JUST HAVING THAT AGREEMENT TO BE ABLE TO SHARE THE WATER IN THAT SENSE. CORRECT. THAT'S EXACTLY CORRECT. OKAY. ON THAT END. AND CURRENTLY, WHAT STAGE ARE WE AT RIGHT NOW IN OUR, IN OUR WATER? WE STILL WE'RE STAGE THREE, UH, UM, AMENDED STAGE THREE. AMENDED STAGE THREE ON THAT END. OKAY. AND WE ARE, WE, YOU PROBABLY HAVE ALL SEEN WHAT JUST CAME OUT TODAY AS FAR AS, UH, RELAXING SOME OF OUR RESTRICTIONS IN AMENDED STAGE THREE THAT WILL ALLOW YOU TO WASH YOUR CAR OKAY. WILL ALLOW YOU TO, UH, HAVE A SOAKER HOSE AROUND THE FOUNDATION OF YOUR HOUSES. AND THEN WE WILL ALSO GIVE YOU THE ABILITY TO POWER WASH YOUR SIDEWALKS AND THE SIDES OF YOUR HOUSE AND STUFF LIKE THAT. BUT THE MAJORITY OF THE RESTRICTIONS WILL STAY IN PLACE. OKAY. THANK YOU. THAT'S ALL I HAVE. MR. MAYOR INE. THANK YOU. ANYONE ELSE? DANIELLE? I WAS JUST GOING TO TOUCH BACK ONTO THE, UM, RESTRICTIONS THAT GOT LIFTED TODAY. SO EVEN IF WE WERE TO, WE'RE ONLY GONNA BE PAYING FOR THE WATER WE USE WITH SAN MARCOS NUMBER ONE. TWO, THEY WILL BE ABLE TO USE THE WATER THAT WE DON'T USE THAT WE HAD AGREED WITH THEM TO HAVE ANYWAY. AND THAT IS ALREADY INCLUDING THE RESTRICTIONS THAT GOT LIFTED TODAY, RIGHT? CORRECT. ALRIGHT. YEAH. ANYONE ELSE? MAYOR PRO TIME. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM THREE. SECOND. WE HAVE A MOTION BY COUNCIL MEMBER HEISER, SECOND BY COUNCIL MEMBER PARSLEY. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED. MOTION PASSES. SIX. SO THANK YOU MR. WOLF. I THINK IT WAS FIVE FOUR. IT WAS ONE, TWO ITEM. YES. I'M SORRY. ITEM FOUR. MY BAD. YEAH, I MARKED IT WRONG. DO I NEED TO RE NO, YOU GET OKAY. I HAD IT RIGHT. OH, I HAD IT RIGHT. OKAY, COOL. FOUR WAS FOUR. YEAH, IT WAS FOUR. OKAY. WE'RE GOOD. UM, ALRIGHT, MOVING ON. ITEM SIX. COUNCIL PARSLEY. THIS IS YOUR, YOU PULLED THIS UP. FOUR. OH, DID YOU? OH FOUR. WE PULLED FOUR. OKAY. YEAH, JUST QUESTION. OKAY. CONSIDER APPROVAL OF A FIVE YEAR AGREEMENT WITH K THREE RESOURCES LP, DBAK [00:20:01] THREE BMI FOR LEDGE HAULING SERVICES AT THE WASTEWATER TREATMENT PLANT FOR AN AMOUNT OF $275,000 FOR EACH CONTRACT YEAR. YEAH, JUST THE QUESTION. UH, SO THE TOTAL CONTRACT AMOUNT IS FIVE YEARS. IS THAT THE AGREEMENT? THE FULL COST OF ONE THREE? RIGHT. YEAH. IT'S A THREE YEAR WITH TWO ONE YEAR OPTIONS. YEAH. IT'S A THREE YEAR AGREEMENT WITH TWO ONE YEAR OPTIONS. WHAT WE ANTICIPATE, UH, THIS IS, UH, SOLIDLY BASED ON USE. MM-HMM. AND, AND WHAT SLUDGE DOES GET HAULED, UH, WOULD BE ABOUT 275,000 A YEAR IS WHAT WE'RE MM-HMM. WHAT WE'RE ANTICIPATING RIGHT NOW. AND, UH, I GUESS WHAT CRITERIA DO WE USE TO ENSURE THAT THE OPERATOR IS, UM, DOING THE PICKUP, UM, AND THE DROP OFFS, I GUESS IN A REASONABLE MANNER, SINCE THIS IS A DIFFERENT COMPANY NOW? NOT, NOT THE, NOT THE ORIGINAL. CORRECT. THIS IS A NEW COMPANY. UM, WE, WE WENT THROUGH A REQUEST FOR A PROPOSAL PROCESS TO GET BOTH PRICE AND QUALIFICATIONS OF THE POTENTIAL RESPONDENTS THAT ARE INTERESTED IN, IN, IN PICKING UP THIS CONTRACT FROM THE CITY OF KYLE. UM, WE WOULD BE MONITORING THIS CONTRACT AND ENSURING THAT THEY ARE MEETING OUR EXPECTATIONS. IF FOR SOME REASON, UM, THEY DO NOT, THEN WE DO HAVE, UM, AN OUT PROVISION THROUGH THE CONTRACT, UH, WITH APPROPRIATE NOTICE. UM, SO AS WE'RE SWITCHING VENDORS, WE WOULD DEFINITELY BE, UH, MONITORING HOW THIS NEW VENDOR IS PERFORMING THROUGH, UM, OUR WATER UTILITY STAFF. SO THE, THE, THE PROJECT GOAL IS TO GET THE SLUDGE OUT, I GUESS, AS SOON AS YOU CAN ONCE IT'S PRESSED AND DRIED. YES. RIGHT. SO, SO I GUESS THE, THE DISADVANTAGE, YOU DON'T WANT IT TO SIT THERE, UM, FOR THE EXTENDED PERIOD, RIGHT? NO, WE WOULD NOT. MM-HMM. . CORRECT. AND I GUESS THE LAST QUESTION I HAD WAS, UM, HOW MUCH FURTHER I GUESS TIME ARE, ARE WE, THEY GONNA HAVE TO COME THROUGH THE NEIGHBORHOOD? UM, THE SLUDGE PICKUPS? DO YOU, I'M GONNA LET, UH, MIKE ANSWER THAT ONE. OKAY. UH, SO COUNCILMAN, RIGHT NOW WE'RE TAKING ALL OF OUR SLUDGE OUT THROUGH THE BACK ENTRANCE ON HIDE ANDRE ROAD. OKAY. AND WE'RE, WE'RE NOT HAULING THROUGH THE NEIGHBORHOODS ANYMORE. MM-HMM. WITH THE, WITH THE SLUDGE. OKAY. THAT THOSE, THOSE WERE THE, UH, QUESTIONS I HAD FROM CONSTITUENTS. SO THANK, THANK YOU. ANYONE ELSE? MAYOR PROTIME. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM FOUR. SECOND, WE HAVE A MOTION BY COUNCIL HEER A SECOND BY COUNCIL VER ZUNI, UH, ANY DISCUSSION? ALL RIGHT. I, I DO HAVE SOME DISCUSSION. UM, SO THE, THE QUESTIONS I HAD, ONE WAS ANSWERED BY, IF WE'RE USING THE SAME PROVIDER AND IS DOES COMPANY PICK UP ON WEEKENDS AND STAFF, I ALWAYS REACH OUT TO STAFF. THEY SAID THEY DO, THEY PICK UP SEVEN DAYS A WEEK. UM, WHAT DO THEY DO WITH THE SLUDGE WAS REALLY IMPORTANT TO ME AS WELL. UM, DO THEY JUST HAUL IT OFF? DO THEY JUST THROW IT OUT ON LAND? OR WHAT DO THEY DO WITH IT? RIGHT. AND, UH, THEY DO HAVE A FACILITY THAT DOES IT TO A CLASS B UH, QUALIFICATION. AND ANOTHER FACILITY THAT'S CLASS A QUALIFICATION. SO I'M, I'M, THAT'S, THAT'S SOME RELIEF THERE. UM, AND THEY, YOU KNOW, SO THEY DO THEIR OWN COMPOSTING WITH THE, UH, SLUDGE. UH, MY, I GUESS MY BIGGEST CONCERN IS THAT, UH, THE PRICE DIFFERENCE. I MEAN, IT WAS A HUGE PRICE DIFFERENCE BETWEEN THE OTHER COMPANIES AND THIS COMPANY. AND THAT REALLY WORRIES ME. IF WE'RE GOING WITH A LOWER BIDDER. I MEAN, THIS IS AN ISSUE THAT WE'VE BEEN DEALING WITH FOR, UH, OVER A YEAR NOW. UH, IT'S BEEN YEARS ACTUALLY. AND I'M WORRIED THAT WE'RE NOT GONNA GET THE SERVICE WE'RE ASKING FOR, ESPECIALLY 'CAUSE THE COMPANY'S NOT LOCAL. IT'S OUTTA HOUSTON. THAT REALLY WORRIES ME QUITE A BIT. UH, UM, THAT'S A BIG CONCERN FOR ME. 'CAUSE IF WE HAD THE COMPANY PRIOR TO THEM JUST HERE IN THE AUSTIN AREA, NOT BEING ABLE TO SERVICE US IN A TIMELY MANNER. WHAT'S KEEPING US, UH, FROM HAVING A HOUSTON COMPANY SERVICE AS QUICK AS WE WANT, THAT'S REALLY CONCERNING. UM, AND YOU KNOW, THE OTHER THING IS A FIVE YEAR CONTRACT. THAT'S REALLY LONG FOR ME, FOR A NEW COMPANY. I MEAN, I, I'D LOVE TO SEE A TWO YEAR CONTRACT. 'CAUSE YOU KNOW, NO MATTER WHAT ELSE YOU HAVE IN THERE, TO GET AN OUT IS STILL REALLY, REALLY HARD LEGALLY. SO I'M, I'M REALLY, THAT'S, THAT'S A BIG CONCERN FOR ME. I, THAT'S PROBABLY A BIG RED FLAG FOR ME. SO I'M NOT, UH, REALLY CRAZY ABOUT THIS. AND THE REASON WHY THIS IS SOMETHING THAT OUR RESIDENTS HAVE BEEN REALLY EMAILING MOST OF COUNCIL REALLY HEAVILY ABOUT IS THE SMELLS IN THE, IN THE AREA. EVERYTHING THAT'S GOING ON IN THAT AREA WITH THE WASTEWATER TREATMENT PLANT, WE'VE DONE A LOT. THE STAFF HAS DONE A LOT TO RECTIFY SOME OF THE ODOR, BUT IT'S STILL NOT COMPLETELY GONE. I KNOW THAT WE GOT A GOOD PIECE THE OTHER DAY WITH THE APPROVALS, UM, THAT WE WERE WAITING ON, AND I'M EXCITED ABOUT THAT. BUT, UH, I'M STILL, I'M, I'M, I'M, I'M JUST A LITTLE CONCERNED ABOUT THIS WHEN WE GO WITH, FOR THE LOWER BIDDER, IS THAT THE RIGHT PATH? 'CAUSE SO, UM, IF I MIGHT ADDRESS A COUPLE OF THE, THE POINTS THAT YOU RAISED THERE. FIRST, IT [00:25:01] IS NOT A FIVE-YEAR CONTRACT. IT'S A THREE-YEAR AGREEMENT, UM, WITH, UH, TWO ONE-YEAR EXTENSION OPTIONS. SO WE'RE NOT, UH, COMMITTING TO A FIVE-YEAR AGREEMENT. AND, UM, WE ARE CONFIDENT THAT IF WE ARE HAVING ANY PERFORMANCE ISSUES OR CONCERNS WHATSOEVER, THAT WE WILL BE ABLE TO USE THE, THE CONTRACT AS A TOOL TO, UM, TO, TO REMEDY THOSE SITUATIONS. UM, WE EVALUATED, UM, NOT JUST BASED ON PRICE. THIS WASN'T A, A LOW BID CONTRACT. THIS WAS A REQUEST FOR PROPOSALS. UM, SO SOME OF THE THINGS THAT, THAT DID FACTOR IN, UH, PRICE WAS ONE OF THEM TO BE CLEAR. UM, UH, K THREE BMI, UH, CAME IN AT WHAT WE ESTIMATE WILL BE $275,000 A YEAR. UH, WASTEWATER TRANSPORT IS, UH, WE ESTIMATED THAT TO BE A $540,000 A YEAR CONTRACT. AND THEN, UH, TEXAS DISPOSAL SYSTEMS GAVE US A COUPLE OF DIFFERENT OPTIONS. UM, AND THEY WERE RANGING TO FROM 985,000 UP TO 1.1 MILLION. AND THEY DIDN'T GIVE US PRICING INFORMATION ON ALL OF THE INFORMATION THAT WE ASKED FOR IN THE RFP. UM, BUT OTHER FACTORS THAT CAME IN WERE, WERE THE FACT THAT, UH, THIS WOULD BE FEWER TRIPS TO THE DISPOSAL FACILITY, UH, BECAUSE THEY'RE USE UTILIZING 35 YARD TRAILERS, UM, AND THE CITY'S HAUL TRUCK AND THEY HAVE TRAILERS, WHICH WILL INCREASE OUR FLEXIBILITY AND REQUIRE LESS EQUIPMENT ON SITE. SO IT WAS DEFINITELY MORE THAN JUST PRICE THAT WENT INTO THE SELECTION OF, OF THIS PARTICULAR VENDOR. SO YOU JUST SAID SOMETHING THAT REALLY, UH, DREW A RED FLAG ON ME. FEWER TRIPS, THAT MEANS THE STUFF STAYS ON SITE 'CAUSE IT'S A BIGGER CONTAINER FOR A LONGER PERIOD. I DON'T, THAT IS NOT MY UNDERSTANDING. I'LL LET, UH, MR. MURPHY ADDRESS THAT FROM THE UTILITIES PERSPECTIVE, BUT THANK YOU, MIKE. YEAH, SO THANK YOU COUNCILMAN. UH, AND JUST, YOU KNOW, I'VE GOT ROBERT DEUS, WHO IS OUR WASTEWATER TREATMENT PLANT MANAGER HERE TO ANSWER QUESTIONS. AND THEN WE'VE ALSO GOT, UH, REPRESENTATIVES FROM K THREE BMI HERE TO ANSWER ANY QUESTIONS LIKE THAT. BUT ACTUALLY THERE WILL BE A SHORTER DURATION ON SITE SINCE THEY ARE PICKING UP, UH, SEVEN DAYS A WEEK, UH, INCLUDING, WELL OBVIOUSLY INCLUDING WEEKENDS. UH, THEY'RE USING LARGER TRAILERS, UH, TO STORE IT. AND SO, UM, IF, UH, ROBERT, WHY DON'T YOU COME UP AND JUST KIND OF WALK THROUGH THIS RIGHT QUICK A LITTLE BIT. SO, AND, AND, AND ROBERT, CAN YOU EXPLAIN THE PROCESSING MORE AND WHY, WHY HE, UH, WHY THEY FELT LIKE THIS WAS THE BEST OPTION FOR US AT THIS TIME? ROBERT, FRED, I'M THE DIVISION MANAGER FOR THE WASTEWATER TREATMENT PLANT. UH, ONE OF THE BIG FACTORS WITH SELECTING K THREE BMI, AND I BELIEVE WHY WE'RE SEEING COST SAVINGS IS THE LARGER, YOU KNOW, DISPOSAL CONTAINERS RIGHT NOW. WE TYPICALLY, UH, WATER'S PROVIDED WITH OUR CURRENT VENDOR IS CLASSIFIED AS A 20 YARD ROLL OFF DUMPSTER, YOU KNOW, TYPICALLY, YOU KNOW, PICKED UP ON THE BACK OF A TRUCK LIKE A BOBTAILED TRUCK AND THEY WILL BE USING SEMI TRAILERS, TILT BED, SEMI TRAILERS. AND UH, I THINK A LOT OF THE SAVINGS ARE, YOU KNOW, BECAUSE THEY'RE NOT BASED IN THE AUSTIN AREA, YOU KNOW, AND TYPICALLY WHAT WE DO IS WE SCHEDULE A WEEK OUT. WE WILL PROVIDE THEM AT THE END OF THE, YOU KNOW, ONE WEEK THE SCHEDULE FOR THE NEXT WEEK. AND WE HAVE THE CONTROL TO, YOU KNOW, OPERATE OUR EQUIPMENT TO ENSURE THAT WE HAVE THOSE, WE'RE, WE'RE, YOU KNOW, THAT'S WHAT WE DO. THAT'S HOW WE, YOU KNOW, MANAGING THE EXISTING CONTRACT. YOU KNOW, BECAUSE THEY WEREN'T RUNNING SEVEN DAYS A WEEK. WE WERE INCURRING OVERTIME ON THE WEEKENDS SUNDAY SPECIFICALLY TO HAVE, BE ABLE TO PUT ENOUGH BOXES THROUGH TO MAINTAIN OUR CAPACITIES. AND SO WITH THAT, YOU KNOW, WE'LL SEE ADDITIONAL SAVINGS AND STAFF OVER TIME. YOU KNOW, THINGS LIKE THAT. IF WE CAN RUN SEVEN DAYS A WEEK, WE'LL BE ABLE TO RUN BOXES UP TO FRIDAY AND KNOW THAT THEY'LL BE PICKED UP OVER THE WEEKEND. THEY ALSO RUN 24 HOURS A DAY. AND I THINK THAT'S ANOTHER BIG THING IN THAT WE CAN PRESS THAT DAY AND WE EXPECT TO SEE SHORTER DURATION OF BOXES SITTING ON, ON SITE. YOU KNOW, BECAUSE, YOU KNOW, THEY'LL BE SCHEDULED, THEY'LL KNOW THAT DAY WE'LL HAVE, YOU KNOW, THREE TRAILERS, TWO TRAILERS, WHATEVER, AND THEY CAN WORK INTO THEIR DISPATCH TO HAVE THOSE PICKED UP. SO WE REALLY FEEL THAT THIS IS THE BEST OPTION, NOT JUST FOR PRICE, BUT FOR THE SERVICE, YOU KNOW, THAT THEY OFFER BEYOND ANYTHING WE COULD FIND IN THE AUSTIN AREA. I MEAN, I GUESS THE PRICE REALLY STOOD OUT TO ME 'CAUSE IT'S SUCH A BIG DIFFERENCE. AND I, I JUST KEEP THINKING ABOUT WHAT ARE WE GONNA BE LACKING SERVICE WISE TO HAVE THAT LOW OF A PRICE COMPARED TO THE OTHER TWO COMPANIES THAT YOU JUST MENTIONED. I MEAN, THAT, THAT [00:30:01] MIKE JUST MENTIONED A FEW MINUTES AGO. SO, UH, LOOK, HONESTLY, THIS IS, THIS HAS REALLY BEEN CONCERNING. 'CAUSE WE'VE GOTTEN, WE'VE ALL GOTTEN THE EMAILS. I MEAN, AND YOU'VE, YOU, WE'VE SENT YOU EMAILS MM-HMM. , WE'VE SENT STAFF EMAILS. I MEAN, IT'S BEEN SOMETHING THAT'S BEEN GO ONGOING THERE AT THE PLANT THAT WE'RE TRYING TO RECTIFY. SO I'M JUST MAKING SURE THAT WE ARE DOING OUR BEST TO RECTIFY THAT ISSUE. AND ESPECIALLY WITH THE CONTAINERS BEING THERE TOO LONG, UH, COUNCIL ZUNIGA MADE A GREAT POINT ABOUT HOW WE, WE EVEN CHANGED THE DIRECTION OF HOW WE'RE HAULING THEM. WE'RE NOT GOING THROUGH THE NEIGHBORHOOD OR ANYTHING LIKE THAT ANYMORE. SO WE'VE BEEN WORKING ON THIS FOR A LONG TIME. I'M JUST, UH, I'M JUST WORRIED THAT PRICE REALLY IS LOW AND I'M, I'M JUST WORRIED ABOUT WHAT ARE WE NOT GETTING? AND I, I GUESS IT'S CONCERNING FOR ME, RIGHT? BUT, UH, I THINK I'D FEEL BETTER IF IT WAS A TWO YEAR CONTRACT AND THEN WITH THE, SEE WHAT THE CLAUSES FOR EXTENSION ARE IS PROBABLY WHAT I WOULD, UH, BE A LITTLE BIT MORE INCLINED TO DO. BUT I'M JUST, I'M JUST REALLY CONCERNED WITH GIVING SOMEONE THREE YEARS. AND THEN WHAT IS THAT OUT? I MEAN, HOW EASY IS FOR THAT OUT? SO THE WAY THE CONTRACT IS WRITTEN, UH, MAYOR PRO TEM, IT IS A THREE YEAR CONTRACT WITH TWO ONE YEAR OPTIONS, WHICH MEANS AT THE END OF THE THREE YEARS, IF WE DO NOT EXERCISE THOSE OPTIONS, THE CONTRACT AUTOMATICALLY TERMINATES. IN ADDITION TO THAT, THIS CONTRACT, LIKE ALL OF OUR STANDARD CONTRACTS, HAS SEVERAL OUT CLAUSES. ONE OF THEM IS, IS THAT WE CAN TERMINATE AT ANY TIME ON 30 DAYS, 30 DAYS NOTICE FOR CONVENIENCE WITHOUT NEEDING TO SHOW POOR PERFORMANCE. THERE'S ALSO THE ABILITY TO TERMINATE FOR POOR PERFORMANCE UPON REASONABLE NOTICE. WE, WE HAVE BOTH THOSE OPTIONS. I'VE USED BOTH THOSE OPTIONS AND CONTRACTS MANY TIMES SUCCESSFULLY WITHOUT ANY FIGHTING. I HAVE QUICK QUESTION FOR ROBERT. OKAY, GO AHEAD. UH, WHAT ANYBODY ELSE FIRST? OKAY, SO, SO JUST TO UNDERSTAND MIKE AND, AND ROBERT, UM, ARE WE GOING TO FILL 1 35 YARD TRUCK TRAILER PER WEEK? IS THERE STILL ROOM IN THAT? BECAUSE WHAT I DON'T WANT, LIKE MR. UH, MAYOR PROIN RIZZO SAID IS WHERE WE CANNOT PROCESS BECAUSE WE, WE ARE BACKED UP BECAUSE THE TRAILER IS FULL AND WE'RE WAITING ON THAT TRANSPORTER. SO NOW YOU GOT THE, THE SLURRY ODORS THAT ARE WAITING TO BE PROCESSED. SO IS THAT HAVE ENOUGH CAPACITY FOR WHAT OUR WEEK, UM, PRODUCTION? SO RIGHT NOW WE AVERAGE 10 20 YARD ROLL OFFS PER WEEK. MM-HMM. . SO THAT'S OUR, THAT'S WHAT WE'RE AVER FULLY LOADED 20 YARDS. MM-HMM. . AND SO IF YOU LOOK AT THAT, YOU KNOW, THAT IS ABOUT 200 CUBIC YARDS. MM-HMM. , YOU KNOW, WITH 10 TRUCKS IN AND OUT. SO WITH THAT, WE'RE GONNA BE GETTING ABOUT SIX OF THE TRACTOR TRAILERS PER WEEK. AND YOU KNOW, THERE'S FEWER TRIPS AND YOU KNOW, WE HAVE THE CAPACITY, YOU KNOW, TO GENERATE THAT. YOU KNOW, YOU KNOW, IT KIND OF, IT KIND OF, YOU KNOW, UH, FLUCTUATES BASED UPON WE HAVE TO MAINTAIN A 21 DAY DETENTION TIME ON OUR SLUDGE. MM-HMM. . SO THAT'S KIND OF, YOU KNOW, WE KIND OF GET AHEAD AND THEN WE'LL PULL IT BACK. WE KINDA GET AHEAD AND PULL IT BACK. AND, UH, BUT ALL IN ALL, YOU KNOW, LIKE I SAID, THEIR SCHEDULE THE WEEK OUT, WE KNOW, YOU KNOW, WHAT WE HAVE TO PULL DOWN TO HAVE ROOM TO, TO CONTINUE TO OPERATE THE PLANT, WE HAVE TO HAVE THE ABILITY TO TAKE SLUDGE OUT OF THE PROCESS. MM-HMM. THAT'S HOW THE PLANT OPERATES. AND SO WE KNOW WHAT WE'RE DOING. WE KNOW, YOU KNOW, HOW MUCH ROOM WE NEED, YOU KNOW, THIS IS WHAT WE DO. MM-HMM. AS WE OPERATE THIS PLANT AND, AND WE'VE BEEN DOING IT SUCCESSFULLY. YOU KNOW, I'VE BEEN HERE FOR FIVE YEARS NOW AND, UH, YOU KNOW THIS, I BELIEVE ALL YOUR CONCERNS. IT'S ONE OF THE REASONS, YOU KNOW, WE MOVED ON THIS AND WE HAVE A RELATIONSHIP WITH K THREE BMI, THEY'VE BEEN A CONTRACTOR SINCE I WORKED THERE. YOU KNOW, THEY DO OTHER SERVICES, YOU KNOW, THAT WE USE AND WE'RE CONFIDENT BASED UPON OUR RELATIONSHIP WITH THEM THAT THIS IS A NEW AREA WE'RE GETTING INTO. BUT IF WE GET, YOU KNOW, THE SAME PERFORMANCE, UH, THAT WE'VE HAD IN THE PAST, WE EXPECT TO CONTINUE THE SUCCESS. YOU KNOW, AS WE MOVE INTO THE, YOU KNOW, THE, THE EXPANSION THAT COME IN EXPANSION, THIS IS PART OF THE SOLUTION. SO THAT WE, WE ARE DOING, WE'VE ELIMINATED THOSE BOXES SITTING ON SITE. SO IS YOUR MATH SIX TIMES 35? TWO 10. AND THE OTHER ONE'S 200. SO YOU HAVE 10 CUBIC YARDS OF SPACE. YEAH. IF I COULD, I THINK THAT'S WHAT YOU WERE SAYING THAT YOU, THAT'S HOW YOU ANTICIPATED THAT. HAVE ENOUGH. LET'S, LET'S DO THIS UP. INTRODUCE THE, THE REPRESENTATIVE FROM, FROM K THREE BMI. HI COUNSEL. UH, MY NAME'S CARLOS SERKIS. UH, I'M SORRY, WHAT WAS YOUR NAME? CARLOS COMBS. SO I GUESS [00:35:01] FIRST, UH, COUNCIL MEMBER MIGUEL, YOU WERE TALKING ABOUT HAVING CAPACITY FOR THE TRAILERS. THERE'S GOING TO BE THREE TRAILERS ON SITE AND WE ARE PROVIDING A TRUCK TO MOVE THOSE TRAILERS IN AND OUT OF THE BELL PRESS. SO AS THEY'RE FILLING UP ONE, YOU'RE NOT CONSTRAINED TO WAIT ON US TO GET THERE, YOU'RE GONNA START FILLING THE NEXT ONE. OKAY. DOES THAT MAKE SENSE? OKAY. OKAY. ANY OTHER QUESTIONS? UH, EXPLAIN YOUR PRICING MODEL, HOW YOU, WHAT YOU'RE DOING, HOW YOU WERE ABLE TO GET THAT COST DOWN. UH, THE PRICE COMES DOWN TO JUST, WE REUSE IT EFFICIENTLY AND OUR TRUCKING COSTS ARE NEXT TO NOTHING COMPARED TO RUNNING A ROLL OFF TRUCK. RIGHT. SO WHILE WE ARE BASED OUT OF HOUSTON, UH, WE ACTUALLY HAVE A MAJOR FACILITY OVER IN SPRING BRANCH AND WE HAVE A FACILITY DOWN IN SINE AS WELL. SO WE ACTUALLY HAVE THREE LOCATIONS WE CAN PULL FROM WITH DRIVERS AND WE EMPLOY OVER A HUNDRED DRIVERS THROUGHOUT THE STATE. SO, YOU KNOW, I, I UNDERSTAND BEING BASED OUTTA HOUSTON, BUT WE'VE BEEN OUT HERE SERVICING LIKE GUADALUPE BLINKER RIVER AUTHORITY. WE TAKE CARE OF ALL THEIR WASTEWATER PLANTS. UH, WE TAKE CARE OF TEXAS WATER, WHICH IS FORMERLY FORMERLY CANYON LAKE WATER. UM, WE DO CIVIL CREEK MUNICIPAL AUTHORITY. WE TAKE CARE OF ALL THEIR SLUDGE HAULING EXACTLY THE SAME WAY WE'RE PROPOSING YOU TO DO IT WITH Y'ALL. AND I LOVE IT. IT'S FLAWLESS FOR 'EM. SO, UM, YEAH, I GUESS OUR CONCERN, I'M SORRY. NO, YOU'RE, OUR CONCERN WAS THAT WE'RE NOT GOING AND DUMPING THIS IN A FIELD. I MEAN THAT'S, THAT'S SOMETHING THAT REALLY WOULD CONCERN ME IF WE'RE DOING SOMETHING LIKE THAT MAKING, THAT'S WHY WHEN WE WERE LOOKING, ASKING THE QUESTIONS WE GOT BACK FROM STAFF, THE CLASS B CLASS A QUALIFICATIONS. SO THAT WAS REAL. THAT, THAT HE'S ONE OF MY CONCERNS. SO, SO LET ME, I'LL SPEAK A LITTLE BIT ON THAT. SO OUR PRIMARY DISPOSAL IN THIS MARKET IS GOING TO BE THE SECOND NATURE COMPOST FACILITY, WHICH IS ON THE SOUTH SIDE OF SAN ANTONIO. UH, THE REASON YOU'RE SEEING THE MAJOR PRICE DIFFERENCE IS THIS MARKET'S INCREDIBLY SCREWED UP FROM A WASTEWATER PRICING PERSPECTIVE. LIKE YOU DON'T SEE ANYWHERE NEAR THESE PRICES IN THE HOUSTON MARKET, RIGHT? LIKE WE'RE GIVING YOU THE HOUSTON PRICING MAKING THE SAME EXACT MONEY WE WOULD MAKE IN THE HOUSTON MARKET HERE BECAUSE WE BELIEVE THAT HEY, WE'VE ACTUALLY BEEN OUT HERE FOR I THINK FOUR OR FIVE YEARS NOW HAULING SLUDGE AND DOING DIFFERENT THINGS LIKE THAT. UM, BUT OUR PRIMARY IS GONNA BE SECOND NATURE COMPOST, WHERE THEY'RE GONNA TREAT IT. AND THE WAY THE, THE REASON YOU HAVE TO COMPOST SLUDGE IS YOU HAVE TO GET IT TO A CERTAIN TEMPERATURE AND MAINTAIN THAT TEMPERATURE FOR 24 HOURS TO KILL ALL THE PATHOGENS IN IT, RIGHT? YEP. SO THAT'S OUR PRIMARY, OUR BACKUP IS OUR FACILITY DOWN IN BROOKSHIRE, WHERE WE ARE ACTUALLY IN THE MIDDLE OF PUTTING A $30 MILLION DRYER ONLINE RIGHT NOW. SO WE ARE, WE ARE GOING TO BE TREATING SLUDGE TO THE DRYING IT AND HOPEFULLY GRANULIZING IT TO THE POINT WHERE WE CAN BAG IT AND SELL IT. RIGHT? SO IF YOU AND OF YOU EVER WATCHED THE MASTERS? YEAH, YEAH. I TAKE IT. SO THE REASON THOSE GREENS AND FAIRWAYS POP WITH THAT GREEN IS BECAUSE THEY APPLY MALLOR NIGHT, WHICH IS DRIED SEWAGE TO 'EM IN THE MONTHS LEADING UP TO IT. SO THAT IS THE PRODUCT THAT WE MAKE CURRENTLY AT OUR FACILITY IN HOUSTON. OUR FACILITY IN HOUSTON IS COVERED. UH, WE HAVE 24 7 ACCESS TO IT. WE RUN 20 HOURS A DAY, SIX DAYS A WEEK AT THAT FACILITY, OPERATING, TREATING IT TO CLASS A STANDARDS, GOING OUT, LAND APPLYING IT. WE ACTUALLY SELL IT TO FARMERS. PEOPLE COME TO US. WE ACTUALLY, WE COULD SELL DOUBLE WHAT WE MAKE, BUT THAT'S THE WHOLE GOAL WITH COMING OVER HERE IS WE WANNA BUILD AND KEEP GROWING AND TAKE OUR MODEL THAT WE'VE PERFECTED IN THE HOUSTON MARKET AND REALLY EXPANDED IN THIS TERRITORY. SO, AND WE DO HAVE A BIG TRASH LINE COMPANY IN SPRING BRANCH, WHICH IS MY PRIMARY JOB RIGHT NOW. SO THANK YOU. THANK YOU. THANK YOU VERY MUCH. UH, THANK YOU MIKE. JUST ONE LAST QUESTION FOR AMY. SO, UM, ONE THING THAT, UH, STAFF TALKED ABOUT WAS THE SIZE OF THE DUMPSTERS. DID WE DO AN RFP FOR SPECIFIC SIZES ON DUMPSTERS OR IS THAT JUST SOMETHING THAT HAPPENED? I'M JUST MAKING SURE WE DID EVERYTHING LEGALLY THAT WE NEED TO DO. 'CAUSE IF WE DIDN'T DO AN OFF RFP FOR CERTAIN DUMPSTERS AND THE REST OF THE PEOPLE DIDN'T KNOW ABOUT THAT NEEDING LARGER DUMPSTERS, DID THE OTHER PEOPLE THAT PUT IN BIDS WOULD THEY? SO THAT'S PART OF THE FLEXIBILITY OF AN RFP ON AN RFP. YOU LET THEM PROPOSE HOW THEY WANNA PROVIDE THE SERVICE WITH A LITTLE BIT MORE OF THEIR OWN FLEXIBILITY IN DESIGNING IT VERSUS AN RFP WHERE YOU WOULD SPECIFY, I WANT THIS EXACT WIDGET OR THIS EXACT THING. THAT'S PROB THAT'S PROBABLY A LOT OF WHY STAFF DECIDED TO GO WITH AN RFP IN THIS SITUATION. SOUNDS GOOD. OKAY. I'LL JUST MAKING SURE WE DID EVERYTHING RIGHT. ALRIGHT. UM, I THINK I'D BE MORE COMFORTABLE WITH TWO YEAR CONTRACT. NOT REAL COMFORTABLE WITH THREE YEAR CONTRACT, BUT, UH, WE HAVE A, UH, WE, WE'VE ALREADY, UM, YOU READY TO VOTE? YEAH, LET'S GO AHEAD AND TAKE A VOTE ON IT. SO AGENDA ITEM NUMBER FOUR, ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED NAY VOTE CALL. OH OH. DO WE NEED TO DO ROLL CALL? ROLL CALL. VOTE PERLEY. NATE HEISER? YES. HARRIS? YES. MITCHELL IS ABSENT. RIZZO, NAY. ZUNIGA, UH, NAY. TOBIAS? NOPE. NAY. ALRIGHT. MOTION FAILS. 42. [00:40:15] THAT'S ONE. AGENDA ITEM NUMBER SIX. CONSIDER APPROVAL OF AGREEMENT. OH, I'M SORRY. CONSIDER APPROVAL OF AN AGREEMENT WITH XYLEM INC FOR THE PURCHASE OF A SIX INCH TRAILER MOUNTED DIESEL CENTRIFUGAL VACUUM ASSIST PUMP IN THE AMOUNT OF $58,364 AND 53 CENTS VIA THE BY BOARD COM, UH, COOPERATIVE CONTRACT. OKAY. ALL RIGHT. SO I HAVE A COUPLE OF QUESTIONS ABOUT IT, PERSON. THANK YOU. SO I WAS LOOKING AT THE PRESENTATION AND HAVE WE SPENT, IT SAYS THAT WE SPENT ABOUT 20,000 SINCE JUNE, 2022 USING THIS VACUUM AND SERVICE. HOW OFTEN DO WE VACUUM? OKAY, SO I'M GONNA BRING THE PLANT MANAGER UP. LET HIM ADDRESS THAT QUESTION FOR YOU. UH, ROBERT PROS, DIVISION MANAGER FOR THE WASTEWATER TREATMENT PLANT. UH, IT'S, IT'S, UH, I MEAN IT'S A, ON AN AS NEED BASIS, UH, AND, UH, YOU KNOW, WHEN WE NEED IT, WE NEED IT. UH, COULD, COULD YOU GIVE ME AN IDEA? LIKE ONCE A MONTH? UM, AND I KNOW IT HAS INCREASED 'CAUSE YOU SAID THE MAINTENANCE PRESENTATION TERMS THE MAINTENANCE HAS INCREASED. YEAH, I TWICE TO THREE TIMES A YEAR IS WHAT WE'VE AVERAGED. OKAY. SO YOU SAID TWO TO THREE TIMES A YEAR? YES. OKAY. UM, SO IN THE TWO YEARS KIND OF, WE HAVE DONE IT TWO YEARS AND A HALF, IT HAS COST THE CITY 20,000. NOW DO WE RENT THE MACHINE AND YOU KNOW, YOU GUYS DO THIS SERVICE? OR DO WE HAVE TO GET SOMEBODY TO OPERATE THE MACHINE TO DO THE SERVICE AND THEN HOW DOES IT WORK? NO, OUR, OUR STAFF DOES IT 'CAUSE IT INVOLVES, YOU KNOW, TWO TO THREE SETUPS. IT DEPENDS UPON WHAT PART OF THE PLAN IS AFFECTED. OKAY. UM, SO WE WOULDN'T HAVE TO GET SOMEBODY TO OPERATE IT 'CAUSE YOU GUYS KNOW HOW TO DO IT. MM-HMM. WHAT'S THE LIFE EXPECTANCY OF THAT MACHINE? UH, IT'S 20 YEARS PLUS. IT'S, DEPENDS UPON HOW IT'S MAINTAINED. OKAY. AND DO YOU SO THE ONLY CONCERNS I HAD IS BECAUSE SINCE IT'S 20,000 IN ABOUT TWO AND A HALF YEARS, I KNOW WE PURCHASED THE MACHINE IF WE'RE GONNA BE USING IT. YEAH. I, I JUST WANTED TO KNOW IF IT WAS REALLY JUST COST EFFECTIVE FOR US TO BUY THE MACHINE. I DIDN'T KNOW IF WE NEEDED TO GET LIKE A SPECIFIC WARRANTIES OR MAINTENANCE. IT HAD TO BE ADDED TO THAT. OR EVEN THE OPERATION WAS GONNA BE DONE BY, BY YOU GUYS. UM, YEAH, I GUESS IT WILL MAKE SENSE. THOSE WERE MY QUESTIONS. UM, I WOULD LIKE TO MAKE A MOTION TO APPROVE ITEM SIX. WE HAVE A MOTION. DO WE HAVE A SECOND? I SECOND IT. UH, WE'VE GOT A MOTION. COUNCIL MEMBER PARSLEY A SECOND BY COUNCIL MEMBER TOBIAS. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED. MOTION PASSES. FIVE OH. [9) Consider approval of a resolution authorizing a purchase agreement with NP Austin Industrial 2, LLC for a tract of land of 5.110 acres, an access easement parcel of 2.121 acres and two temporary construction easement parcels for a total of 4.356 square feet in an amount of $1,420,346 and authorizing the City Manager to execute all documents necessary to acquire the property.] CONSIDERING POSSIBLE ACTION TO THAT ITEM NUMBER NINE, CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A PURCHASE AGREEMENT WITH NP AUSTIN INDUSTRIAL TWO LLC FOR ATTRACTIVE LAND OF 5.110 ACRES. AN ACCESS EASEMENT PARCEL OF 2.12, ONE ACRES AND TWO TEMPORARY CONSTRUCTION EASEMENTS PARCELS FOR A TOTAL OF 4.356 SQUARE FEET AND AN AMOUNT OF $1,420,346. AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACQUIRE THE PROPERTY. GOOD EVENING COUNSEL. AMBER SMY, ASSISTANT CITY MANAGER FOR THE RECORD. UM, AS YOU KNOW, WE'VE BRIEFED YOU ON THIS, UM, PIECE OF PROPERTY BEFORE, BUT THIS PROPERTY IS SIGNIFICANT TO OUR WATER FACILITIES PROJECT THAT WE HAVE, UM, GOING ON AT FM 1626. UM, THIS PROJECT, UM, THIS PROPERTY ALLOWS US TO EXPAND THOSE FACILITIES IN THE FUTURE. AND, UM, THIS IS ONE OF OUR, UM, TAKE POINTS FOR THE ARAWA WATER SUPPLY, UH, PIPELINE COMING INTO THE CITY. UM, ARAWA IS SCHEDULED TO COMPLETE THEIR LINE TO THE PUMP STATION BY FEBRUARY 28TH, 2025. AND THEY NEED, UM, THESE EASEMENTS AS WELL. UM, CONSTRUCTION IS GO ONGOING AND WE NEED TO COMPLETE THE PROPERTY AND EASEMENT ACQUISITIONS NOW SO THAT WE DO NOT, UM, HALT ANY PROGRESS ON THE ARWA UH, PIPELINE COMING IN. UM, IN AUGUST, Y'ALL APPROVED A RESOLUTION AUTHORIZING A PC N HERE. IT ACKNOWLEDGED [00:45:01] THE PROPERTY NECESSARY FOR THE PUMP STATION EXPANSION PROJECT AND FUTURE WATER FACILITIES PROJECTS. AND THEN YOU ACKNOWLEDGE A PROJECT THAT'S SERVING A PUBLIC PURPOSE FOR PUBLIC USE TONIGHT. BEFORE YOU, YOU HAVE A PURCHASE AGREEMENT AND, UH, A POSSESSION AND USE AGREEMENT FOR YOUR APPROVAL. UM, THIS WOULD BE, THIS IS PREPARED TO PURCHASE ATTRACTIVE LAND OF A LITTLE OVER FIVE ACRES. AN ACCESS EASEMENT PARCEL OF 2.12, ONE ACRES AND TWO TEMPORARY CONSTRUCTION EASEMENTS TOTALING 4,356 SQUARE FEET. THE TOTAL PURCHASE PRICE IS A LITTLE OVER $1.4 MILLION AND THAT IS BASED ON THE APPRAISAL. UM, FULL CLOSING ON THE PROPERTY IS EXPECTED, UM, ON OR BEFORE 60 DAYS AFTER THE EXECUTION OF THE AGREEMENT THAT'S BEFORE YOU TONIGHT. THIS POSSESSION AND USE AGREEMENT ALLOWS ARWA AND, AND THE CITY TO HAVE IMMEDIATE ACCESS TO THE PROPERTY, WHICH IS ABSOLUTELY WHAT WE NEED. SO HERE IS THE FIVE ACRE, UH, PIECE THAT YOU WOULD BE PURCHASING, UH, THE ACCESS EASEMENTS AND THEN THE TEMPORARY CONSTRUCTION EASEMENTS. AND SO THE OPTIONS BEFORE YOU ARE TO APPROVE AUTHORIZING THE PURCHASE AGREEMENT AND THEN TO NOT APPROVE AND WE RECOMMEND APPROVAL. ANY QUESTIONS? DO YOU HAVE ANY QUESTIONS? I DO. OKAY. COUNCILOR ZUNIGA? YEAH. AMBER. UM, WAS THE APPRAISAL AVAILABLE AS BACKUP? WE DID NOT HAVE THE APPRAISAL IN THE BACKUP, BUT WE DO HAVE ONE. WE DO HAVE ONE FOR THIS PROPERTY. YES, SIR. OKAY. YES SIR. ABSOLUTELY. UM, SO WE ASKED, UM, THE PROPERTY OWNERS TO DONATE THIS LAND, I GUESS SEVERAL TIMES BEFORE WE, WE HAD BEEN IN DISCUSSION WITH THE PROPERTY OWNERS TO HAVE THE PROPERTY DONATED AND UNFORTUNATELY THE TIMELINES DIDN'T MATCH UP AND WE WERE UNSUCCESSFUL TO GET THE PROPERTY DONATED. LIKE I MENTIONED, WE ARE RIGHT UP AGAINST ARAWA NEEDING THE ACCESS THIS PROPERTY. AND SO TO AVOID ANY DELAYS IN THE ARAWA WATER DELIVERY, WE NEEDED TO MOVE AS QUICKLY AS POP POSSIBLE TO GET THE PROPERTY. THE OTHER THING I WOULD ADD TO THAT IS THE DONATION THAT WAS BEING CONSIDERED WAS A SMALLER TRACT WAS JUST A, A SMALLER TRACT TO THE, UH, SOUTH TOWARDS 1626. THIS IS THE LARGER PIECE THAT WE THINK WE NEED FOR THE EXPANSION OF THE FACILITY OVER TIME. AND I, I GUESS 'CAUSE UM, THE CONS MY CONSTITUENTS ASKED ME ABOUT, IS THERE ANOTHER WAY TO ROUTE THIS? DOES IT, I GUESS THE TRIANGLE IS ESSENTIAL PART TO CONNECT. IT CANNOT GO AROUND. RIGHT? THE TRIANGLE IS ESSENTIAL FOR THE EXPANSION. UM, THE ACCESS EASEMENT IS THE ONLY WAY THAT WE ARE ABLE TO ACCESS THE FACILITIES. UM, RIGHT NOW WE CAN ACCESS OFF OF 1626, BUT, UM, THAT ACCESS WILL BE GOING AWAY AFTER WE, UM, BUILD AND ACQUIRE THIS NEW ACCESS EASEMENT. SO LONG TERM, UM, THIS WOULD BE THEN BECOME A SITE WHERE WE CAN ADD MORE PUBLIC WORK. FACIL, YES. I GUESS MORE WATER FACILITIES IN THEIR TANKS, WATER AND OTHER, OTHER THINGS THAT ARE ESSENTIAL. YES, SIR. ANY QUESTIONS? MOTIONS, MAYOR PRO TEMP. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NINE. SECOND. WE HAVE A MOTION BY COUNCIL ME ZUNIGA. SECOND BY COUNCIL MEMBER PARSLEY. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED. MOTION PASSES. SIX OH. AGENDA ITEM [10) Consider approval of a resolution appointing Sara Kerr to serve as the City's ethics compliance officer, and Christina Demiers to serve as the backup ethics compliance officer, based on the recommendation of the City Attorney.] NUMBER 10. CONSIDER APPROVAL OF A RESOLUTION APPOINTING SARAH KERR TO SERVE AS THE CITY'S ETHICS COMPLIANCE OFFICER AND CHRISTINA DEME TO SERVE AS THE BACKUP ETHICS COMPLIANCE OFFICER BASED ON THE RECOMMENDATION OF THE CITY ATTORNEY. GOOD EVENING, MAYOR PRO TEM AND COUNSEL AMY ALCORE, CITY ATTORNEY. FOR THE RECORD, UH, THIS ITEM BEFORE YOU IS TO APPOINT A NEW ETHICS COMPLIANCE OFFICER. SO THE CODE OF ORDINANCES REQUIRES THAT THE CITY ATTORNEY NOMINATE AN ETHICS COMPLIANCE OFFICER AND THE CITY COUNCIL CONFIRM BY MAJORITY VOTE THE ETHICS COMPLIANCE OFFICER MUST BE A LICENSED ATTORNEY IN THE STATE OF TEXAS AND MAY NOT REPRESENT THE CITY ON ANY OTHER ISSUES. SO WE, UH, WE HAVE A, WE HAD A TEMPORARY ETHICS COMPLIANCE OFFICER IN PLACE WHILE WE WERE TRYING TO DO A PROCUREMENT TO FIND MORE OPTIONS, UM, AND REQUESTING MORE PEOPLE TO, TO, UH, TO PROPOSE TO SERVE AS OUR ETHICS COMPLIANCE OFFICER. WE DID ISSUE AN RFP. UNFORTUNATELY, WE ONLY GOT ONE RESPONSE. WE ACTUALLY EXTENDED THE DEADLINE TO RESPOND. WE ADVERTISED IT IN ADDITIONAL PUBLICATIONS. WE STILL ONLY GOT ONE RESPONSE AND THE RESPONSES FROM MASTER FORT. I HAVE TALKED TO A PARTNER AT MASTER FORT MULTIPLE TIMES ON THIS PARTICULAR PERSON ON WHO TO APPOINT. HIS RECOMMENDATION [00:50:01] IS SARAH KERR. SARAH KERR HAS SEVERAL YEARS OF EXPERIENCE DOING GOVERNMENT LAW, UM, AND IS, I THINK, RELATIVELY NEW TO THAT PARTICULAR LAW FIRM, BUT HIS YEARS AT OTHER LAW FIRMS. IT WAS ALSO POINTED OUT TO ME THAT THERE WAS A TYPO ON THE NAME OF OUR BACKUP PERSON. IT SHOULD BE DE DEMIR. D-M-I-R-S. THERE SHOULD NOT BE AN E THERE. I'VE PROVIDED A CORRECTED RESOLUTION TO THE CITY SECRETARY, SO WE'LL MAKE SURE THAT THAT RESOLUTION GETS CORRECTED. MS DEMUR HAS SEVERAL YEARS OF EXPERIENCE. SHE WAS PREVIOUSLY AN ASSISTANT CITY ATTORNEY. SHE'S DONE A LOT OF CITY WORK AND A LOT OF, UM, SIMILAR WORK. AND SO SHE'LL ALSO BE THERE TO ASSIST MS. KERR WITH ANY PROJECT PROJECTS. I WILL SAY IF COUNCIL WISHES, I'M HAPPY TO GO OUT FOR ANOTHER PROCUREMENT AND SEE IF WE CAN GET SOME MORE BITES. BUT I WOULD SAY THAT IF WE'RE GONNA DO THAT, WE DO NEED TO GO AHEAD AND APPOINT SOMEBODY TEMPORARILY BECAUSE OUR PREVIOUS ETHICS COMPLIANCE OFFICER NO LONGER WORKS AT THAT FIRM. AND SO WE CURRENTLY DO NOT HAVE ONE. AND I STAND BY FOR ANY QUESTIONS. ANY QUESTIONS COUNCILOR TOVIAZ. OKAY. I GOT, UH, JUST A COUPLE HERE AND ALSO SOME CLARIFICATION ON THE AGREEMENT. UM, SO WHAT WOULD BE THE, THE MAIN DUTIES OF THE COMPLIANCE OFFICER? WHAT, WHAT, WHAT DO THEY THEY THEY WILL BE DEALING WITH? SO THEY, UH, HANDLE OUR ETHICS ORDINANCE. THEY PROVIDE ADVICE ON WHAT THE ETHICS ORDINANCE REQUIRES, WHAT'S IN THE ETHICS ORDINANCE. THEY WOULD PROVIDE RECOMMENDATIONS TO MAKE CHANGES TO THE ETHICS ORDINANCE. THEY ALSO HANDLE THE ETHICS COMMISSION. SO IF WE WERE TO RECEIVE AN ETHICS COMPLAINT DUE TO THE FACT THAT I COULD POTENTIALLY BE CONFLICTED DEPENDING ON WHO THE COMPLAINT'S AGAINST MM-HMM. . IT'S, WE HAVE AN ETHICS COMPLIANCE OFFICER WHO IS OTHERWISE INDEPENDENT AND ONLY REPRESENTS US ON ETHICS ISSUES. AND SO SHE WOULD BE ABLE TO HANDLE THOSE COMMISSION HEARINGS. OKAY. HOW WOULD THEY WORK WITH OUR CURRENT CITY OF KYLE ETHICS COMMITTEE? THE ETHICS COMMISSION? MM-HMM. COMMISSION. THEY WOULD BE THEIR LEGAL REPRESENTATIVE. SO IF WE HAVE ETHICS COMMISSION MEETINGS MM-HMM. , I DO NOT ATTEND THOSE. OKAY. OUR ETHICS COMPLIANCE OFFICER ATTENDS THEM AND PROVIDES ADVICE TO THE BOARD. OKAY. SO THEY WOULD, THEY WOULD, WHATEVER THERE'S, UH, A COMPLAINT, WHETHER IT'S THROUGH, UH, EMPLOYEE OR WHATEVER IT IS, IF THERE'S A, UH, SOME KIND OF ETHICS ISSUE, THE OPERATION WOULD BE THAT THEY WOULD WORK WITH THAT COMMITTEE AND THEN THEY WOULD MAKE THE FINDINGS, UH, ON IT AND THEN MAKE ANY KIND OF RECOMMENDATIONS. THEY WOULD PROVIDE LEGAL ADVICE THAT YOU TYPICALLY PROVIDE OPINIONS. WE HAVE SOME OPINIONS FROM OUR PREVIOUS ETHICS ATTORNEY THAT HAVE COME THROUGH ON EITHER QUESTIONS FROM COUNSEL, COMPLAINTS THAT HAVE COME IN, QUESTIONS FROM STAFF. IT JUST DEPENDS ON WHAT THE ISSUE IS. OKAY. BUT I WILL SAY I DEFER TO THE ETHICS ATTORNEY ON ETHICS ISSUES. SO THAT WAY IT'S KEEPING IT SEPARATE FROM WHAT I DO THE REST OF THE CITY. AND THERE'S NO ISSUE WITH ANY CONFLICTS. OKAY. AND THE LAST ONE I HAVE, AND AGAIN, I'M, I'M, I'M MAYBE NOT UNDERSTANDING, BUT I'M LOOKING AT, I LOOKED AT THE AGREEMENT THE OTHER NIGHT AND UM, AND I WENT ALL THE WAY DOWN TO SECTION 13. OKAY. YOU'RE GONNA HAVE TO READ THAT TO ME 'CAUSE I DON'T HAVE IT IN FRONT OF ME. OKAY. IT'S 13 A. SO I'M TRYING TO UNDERSTAND, EXPLAIN THE VERBIAGE AND THE NEED FOR THAT TYPE OF VERBIAGE FOR AN ETHICS COMPLIANCE OFFICER IN THE POSITION IT SAYS FOR PURPOSES OF COMPLIANCE WITH CHAPTER 2 2 7 1 0 2, THE TEXAS GOVERNMENT CODE AND THE SUBJECT TO APPLICABLE FEDERAL LAW COUNCIL. OH, YOU'RE TALKING ABOUT THE STATE LAW REQUIREMENTS ON BOYCOTTING ISRAEL? YES. THE FIREARMS AND ENERGY COMPANIES. IT SAYS SO THERE IS, THERE COUNCIL VERIFIES IT DOES NOT BOYCOTT ISRAEL AND CORRECT. AND ALL THIS OTHER YEAH. SO THO THOSE ARE STATE LAWS THAT ARE IN PLACE. ANY CONTRACT FOR GOODS OR SERVICES WITH A GOVERNMENT ENTITY IS REQUIRED TO HAVE PROVISIONS THAT SAY THAT THE PERSON, THE COMPANY THAT WE'RE CONTRACTING WITH DOES NOT BOYCOTT ISRAEL DOES NOT BOYCOTT ENERGY COMPANIES AND DOES NOT BOYCOTT FIREARMS MANUFACTURER. THAT IS STATE LAW. OKAY. SO WE DO INCLUDE IT IN ALL CON IN ALL CONTRACTS AND IT'S ALWAYS WRITTEN PRETTY MUCH THAT WAY SO THAT IF IT'S NOT APPLICABLE, IT DOESN'T APPLY. OKAY. SO IT'S JUST A WAY OF SAYING, BY THE WAY, FYI, THIS IS WHAT THE TEXAS GOVERNMENT CODE SAYS. WE GOTTA PUT IN THE AGREEMENTS AND SO FORTH. 'CAUSE I ALREADY HAD TWO PEOPLE CALL ME OUT ON THAT, SO I JUST WANTED TO VERIFY THAT. OKAY. UM, THAT'S ALL I HAVE. MAYOR PROAM. ANYONE ELSE? ANY MOTION I JUMP IN? YEAH, SO AMY, COUNCIL, I THINK, UM, I GUESS ONE OF THE BIGGEST, UH, I GUESS CONCERNS FROM MY CONSTITUENTS IS, UM, THE EXPERIENCE IN THE ETHICS FIELD. MM-HMM. FOR MS. SARAH KERR. YOU SAID YOU HAVEN'T SPOKEN WITH HER. I'VE SPOKEN WITH THE PARTNER IN HER FIRM WHO RECOMMENDED HER. HE HAS MANY YEARS OF ETHICS EXPERIENCE THERE. HE DOES, BUT HE'S NOT THE ONE WHO'S, AND HE, HE IS NOT ABLE TO SERVE THIS POSITION. I DON'T HAVE ALL THE DETAILS AS TO WHY MM-HMM. . BUT MS. KERR HAS SEVERAL YEARS EXPERIENCE DOING GOVERNMENT LAW. SIMILAR GOVERNMENT LAW. A LOT OF IT WAS WITH SCHOOL DISTRICTS. BUT AGAIN, THEY HAVE SIMILAR ETHICS ISSUES THAT YOU DEAL WITH THAT WAY. MM-HMM. . AND SHE'S THE PERSON WHO IS AVAILABLE TO MAKE THE TIME COMMITMENT IN THE FIRM. AND THEN YOU, YOU MENTIONED THAT YOU'D BE OKAY APPOINTING SOMEONE TEMPORARILY. WHO, WHAT DID YOU HAVE IN MIND? THAT'S WHAT WE DID PREVIOUSLY. WE APPOINTED [00:55:01] HER PREDECESSOR AT THAT LAW FIRM ON A TEMPORARY BASIS WHEN WE DID AN RFP. THE CONTRACT IS TERMINABLE AT WILL. SO WE COULD GO AHEAD AND APPOINT HER NOW AND YOU COULD DIRECT ME TO GO TO DO ANOTHER RFP AND TRY AGAIN. AND I'M HAPPY TO DO THAT. YEAH. I THINK FOR ME IT WAS JUST, I NEED TO SEE A PERSON A BIT STRONGER WITH AN ETHICS BACKGROUND HISTORY, UH, FOR ME TO BE ABLE TO ACCEPT THIS ONE. SO, SO, SO I, I THINK I, I WOULD LIKE TO SEE THE RF, WHATEVER IT WAS, R-F-P-R-F-Q OUT AGAIN. OKAY. WE'RE, WE'RE HAPPY TO DO THAT. WE'RE HAPPY TO DO IT, YOU KNOW, FREQUENTLY WITH WHATEVER FREQUENCY THE COUNCIL WOULD LIKE. I'VE MADE CALLS AROUND TOWN, I'VE ASKED PAIGE TO MAKE CALLS AROUND TOWN. THIS WAS THE ONLY RESPONSE WE GOT. SO THAT'S, THAT'S WHERE WE ARE. MAY I PRETEND, DO YOU THINK WE SHOULD TABLE THIS AND JUST HAVE THAT? OR SHOULD I WE HAVE TO APPOINT SOMEBODY, WE HAVE TO APPOINT SOMEBODY TO YEAH, I WOULD NOT RECOMMEND DOING THAT. 'CAUSE IF AN ETHICS COMPLAINT CAME IN, IN THE MEANTIME, WE DON'T HAVE AN ETHICS COMPLIANCE OFFICER CORRECTLY. SO IF, IF IT'S COUNSEL'S WILL TO, UH, GO OUT TO RFP AGAIN, THEN WE COULD APPOINT, UH, THIS PERSON AND THEN GO OUT TO RP IF THAT'S WHAT, UH, COUNSEL WILL IS. I MEAN, I'M, I'M OPEN TO ANYTHING. I'M GOOD. OKAY. UM, I'LL GO AHEAD AND MAKE A MOTION. IF, IF IT MEANS THAT WE'LL JUST GO INTO POINT AND IF WE DECIDE AT A LATER TIME OR GUESS, OR WE JUST, UH, IF YOU TELL ME NOW, I'LL HAVE PURCHASING START WORKING ON THE RFP. WE CAN GET ONE OUT PRETTY QUICK. SO, I MEAN, I GUESS THE, UH, ONE OF THE THINGS WOULD BE IS HOW, HOW COMFORTABLE DO WE FEEL ABOUT MAYBE SPEAKING TO MS. KER ABOUT HER IDEAS? BUT WOULD THAT NEED TO COME THROUGH US OR THROUGH, JUST TO KIND OF SEE WHERE WE'RE AT? UM, BUT I, I'M, I'M OKAY WITH IF, UH, WE GOTTA GET SOMEBODY ON BOARD. WE DON'T HAVE ANYBODY. SO IN, IN THAT, IN THE MEASURE, I'LL GO AHEAD AND MAKE A MOTION TO APPROVE. AND HOW LONG WOULD THIS CONTRACT BE FOR? UH, IT, IT'S TERMINABLE. IT WILL AT ANY TIME. IT WILL. OKAY. OKAY. SECOND, GO AHEAD AND, UH, MAKE A MOTION TO APPROVE ITEM, ITEM NUMBER 10. SECOND WE HAVE A MOTION WITH COUNCILMAN ILLA. SECOND BY, UH, COUNCILOR HARRIS. UH, TO APPROVE AGENDA ITEM NUMBER 10. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED MAY. MOTION PASSES. FIVE ONE AGENDA [11) Consider approval of a resolution relating to establishing the City’s intention to reimburse itself for the prior lawful expenditure of funds relating to constructing various city improvements from the proceeds of tax-exempt obligations to be issued by the City for authorized purposes; authorizing other matters incident and related thereto; and providing an effective date.] ITEM NUMBER 11. MM-HMM. CONSIDER APPROVAL OF A RESOLUTION RELATING TO ESTABLISHING THE CITY'S INTENTION TO REIMBURSE ITSELF FOR THE PRIOR LAWFUL EXPENDITURE OF FUNDS RELATING TO CONSTRUCTING VARIOUS CITY IMPROVEMENTS FROM THE PROCEEDS OF TAX EXEMPT OBLIGATIONS TO BE ISSUED BY THE CITY FOR AUTHORIZED PURPOSES, AUTHORIZING OTHER MATTERS INCIDENT AND RELATED THERE TO AND PROVIDING AN EFFECTIVE DATE. GOOD EVENING, MR. MAYOR PRO TIM AND CITY COUNCIL ANDREW FRIEDMAN WITH SAM CO. CAPITAL MARKETS FINANCIAL ADVISOR TO THE CITY. UH, THIS REIMBURSEMENT RESOLUTION BEFORE YOU THIS EVENING, UH, IS IN KEEPING WITH, UH, PRIOR REIMBURSEMENT RESOLUTIONS THAT THE CITY HAS ADOPTED WHEN IT COMES TO, UH, PLANS FOR FUTURE FINANCINGS. SO WE HAVE REIMBURSEMENT RESOLUTIONS CURRENTLY IN PLACE RELATIVE TO OUR 2020, UH, GENERAL, GENERAL OBLIGATION BOND AUTHORIZATION, AS WELL AS THE 2022 STREET BOND AUTHORIZATION. THE RESOLUTION BEFORE YOU ALL TONIGHT IS FOR FUTURE PROJECTS UNRELATED TO THOSE, UM, FOR VARIOUS PROJECTS, UH, IN NEARLY $70 MILLION. WASTEWATER PARKS, UH, OTHER STREETS NOT COVERED BY, UH, THE GENERAL OBLIGATION BOND AUTHORIZATION THAT YOU CURRENTLY HAVE. UH, THE REIMBURSEMENT RESOLUTION AND THE NEED FOR IT, UH, IS PREDICATED UPON YOUR ABILITY SHOULD YOU CHOOSE TO SPEND MONEY TOWARDS PROJECTS BEFORE THE FUNDS FROM A BORROWING ARE COMPLETED AND IN HAND SO THAT YOU CAN KEEP PROJECTS MOVING IN A MORE EXPEDITIOUS MANNER AT YOU ALL'S CHOOSING. UH, YOU COULD BE IN A POSITION WHERE YOU DON'T SPEND YOUR GENERAL FUND DOLLARS OR OTHER AVAILABLE DOLLARS TOWARDS A PROJECT, IN WHICH CASE YOU HAVE A REIMBURSEMENT RESOLUTION IN PLACE WHICH GOES UNUSED, WHICH IS COMPLETELY FINE. THIS GIVES YOU THAT FLEXIBILITY TO TAKE ON AND, AND SPEND MONEY TOWARDS PROJECTS, UM, BEFORE THE FINANCINGS ARE COMPLETED. UH, I KNOW THAT THERE'S AN INTENTION TO COME BEFORE YOU ALL IN THE NEW YEAR TO START TALKING ABOUT, UH, THE CERTIFICATES OF OBLIGATION FOR THESE VARIOUS PROJECTS. UH, THIS REIMBURSEMENT RESOLUTION AND THE SIZING OF IT, UH, IS BASED UPON THE LATEST CAPITAL IMPROVEMENT PLAN, UH, BROUGHT TO, BROUGHT BY, UH, MR. LANGLEY AND THE FINANCE STAFF FOR WHAT WILL CONCEIVABLY BE FINANCED WITHIN THE NEXT YEAR. UH, SHOULD YOU ALL CHOOSE TO PROCEED WITH THOSE FINANCINGS, UH, IN 2025, IF THERE'S ANYTHING THAT I'VE LEFT OUT, I'M CERTAINLY HAPPY TO, TO CIRCLE BACK ON THAT. I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU ALL HAVE. AGAIN, THIS ISN'T A COMMITMENT TO SPEND DOLLARS. IT'S NOT A COMMITMENT TO PROCEED THROUGH A FINANCING. IT'S ALLOWING YOU THAT FLEXIBILITY TO MAKE [01:00:01] BUSINESS DECISIONS, UH, AND ULTIMATELY REPAY THE GENERAL FUND OR THE OTHER, YOU KNOW, FUNDING SOURCES ONCE YOU COMPLETE A FINANCING IN THE FUTURE. ANY QUESTIONS? COUNCILOR TOBIS? IS THAT WHY, UM, WE VOTED, THEY VOTED ON TO RAISE THE SALES TAX TO BE ABLE TO HAVE THE ADDITIONAL FUNDING TO BE ABLE TO HAVE THE SPENDING? THIS IS UNRELATED TO THAT. IF I'M OKAY, I MAY NOT BE UNDERSTANDING THAT. I'M NOT SURE WHAT THE QUESTION IS. COUNCIL MEMBER, UH, I'M JUST TRYING TO UNDERSTAND IS, IS IT, ARE WE USING, ARE WE BASICALLY ASKING TO, UM, BASICALLY ALLOW US TO GET AHEAD OF THE GAME AND START PREPAYING FOR ITEMS OUT OF A SPECIFIC FUND? NOT, NOT OUR GENERAL, BASICALLY OUT OF OUR GENERAL FUND THAT WE HOPE TO RE GET REIMBURSED LATER. IT'S ALLOWING US TO DO THAT. CORRECT. I, I'LL TRY TO TAKE A, A SHOT AT IT. SO IT'S ESSENTIALLY, UM, YOU MAY BE ENTERING INTO DESIGN FOR A WATER OR WASTEWATER FACILITY. OKAY. WE WANT TO GO AHEAD AND ENTER INTO THAT CONTRACT TODAY. AND, AND WE DON'T HAVE THAT ON THE AGENDA, BUT I'M USING IT AS A HYPOTHETICAL EXAMPLE. YOU WOULD BE DOING THAT IN THE NEXT FEW WEEKS OR A FEW MONTHS. YOU WOULD ENTER INTO A DESIGN CONTRACT. YOU WOULD, UH, PRESERVE THE ABILITY THEN TO ISSUE THE BONDS AND REIMBURSE THOSE EXPENDITURES OUT OF THE BOND ISSUE AT SOME POINT IN THE FUTURE, POTENTIALLY CLOSER TO WHEN YOU ACTUALLY HAVE A CONSTRUCTION CONTRACT GOING FORWARD TO BUILD THE FACILITY. SO IT'S JUST A FINANCING MECHANISM TO HELP MAKE SURE THAT WE CAN TAKE ALL THOSE COSTS AND REIMBURSE THEM OUT OF THE BOND PROCEEDS WHEN THE BONDS ARE ISSUED. IT HELPS US MANAGE TO MAKE SURE THAT WE ONLY ISSUE THE BONDS WHEN WE NEED TO. IF YOU ISSUED ALL THE BONDS RIGHT NOW, THEN YOU WOULD PAY INTEREST AND DEBT SERVICE PAYMENTS ON THOSE BONDS FOR MANY MONTHS OR YEARS IN THE FUTURE, RATHER THAN TRYING TO TIME UP THE ISSUANCE WHEN YOU ACTUALLY NEED THE FUND. SO THAT'S REALLY WHAT IT'S ABOUT, IS TRYING TO HAVE THE FUNDING MATCH THE NEED. AND THIS PRESERVES OUR ABILITY TO TAKE THOSE EXPENDITURES AND TO PUT IT IN A FUTURE BOND ISSUANCE. MM-HMM. , IT'S VERY SIMILAR TO WHAT WE'VE DONE ON MANY DIFFERENT OTHER OCCASIONS. YEAH. BECAUSE WE HAVE BEEN CONTINUOUSLY, AGAIN, TALKING ABOUT A SPORTSPLEX. OKAY. UH, BUT NOW THE TIME WE HAVE, WE ARE ON THE CLOCK FOR SOMETHING ELSE. WE ARE ON THE CLOCK. AND I KNOW SOME PEOPLE DON'T LIKE ME USING THE WORD DOG POUND, BUT WE ARE ON THE, THE CLOCK FOR AN ANIMAL SHELTER. UH, POSSIBLY AN EIGHT TO $10 MILLION FACILITY. SO THESE ARE FUTURE PROJECTS THAT WOULD POSSIBLY BE USED. WHAT WE'RE SAYING IS WE'RE GONNA BE ABLE TO ALLOW US TO USE SOME OF THOSE FUNDS AHEAD OF TIME, CORRECT. IF NEED BE. THAT IS CORRECT. OKAY. SO BE ABLE TO, YOU KNOW, IF WE DECIDE TO GO TO THE LIBRARY YEARS FROM NOW, BUT I KNOW THAT WE'RE ON THE CLOCK AT LEAST FOR THAT ITEM. SO IT'S, IT'S ALLOWING US TO BE ABLE TO, IF YOU ALL START NEXT, NEXT YEAR, START TALKING ABOUT A SPORTSPLEX OR START TALKING ABOUT, UH, AN ANIMAL SHELTER OR ANOTHER FACILITY THAT WE MIGHT NEED FOR A CITY, WE COULD BE ABLE TO USE THOSE SEAL BONDS. IF WE DECIDE TO GO WITH THAT FOR THAT MONEY, WE CAN ALLOCATE THIS WILL ALLOW YOU TO ANY MONEY THAT YOU SPEND BETWEEN NOW AND THAT FINANCING MM-HMM. TO REPAY THE GENERAL FUND'S COFFERS, UH, FOR ANY MONEY THAT HAVE GONE OUT. AND, AND, AND MR. LANGLEY SAID IT PERFECTLY, UH, IT'S IN JUST A, A, AN EFFICIENT WAY OF LEVERAGING YOUR DOLLARS AND LIMITING THE AMOUNT OF INTEREST YOU'RE PAYING ON DEBT BY BEING ABLE TO TIME DEBT ISSUANCES, UH, MORE APPROPRIATELY WITH WHERE YOU'RE SPENDING THE BULK OF THE MONEY IN CONSTRUCTION, WHICH MAY BE A YEAR DOWN THE LINE. UM, OR, OR FURTHER. YEAH. SO INCLUDING ROADS. INCLUDING ROADS, RIGHT. AND INCLUDING WASTEWATER AND, AND OTHER PROJECTS THAT WE NEED AROUND THE CITY. I, IF I COULD TRY TO GIVE A, A EXAMPLE, I KNOW THERE'RE ALL FAMILIAR WITH IS THE LAKE KENSINGTON PARK. WE JUST, YOU KNOW, MET, UH, YESTERDAY EVENING WITH THE TASK FORCE ON THAT. AND NEXT MEETING WE'LL HAVE A RECOMMENDATION FOR A DESIGN FIRM AND YOU'LL HAVE A DESIGN CONTRACT SHORTLY AFTER THAT, AFTER THE FIRST OF THE YEAR, WE WANT TO ENTER INTO THE DESIGN CONTRACT TO GET STARTED WITH THAT PROCESS. IT'LL BE AN EXPENSIVE CONTRACT. THIS ALLOWS YOU THEN TO FINANCE THAT OUT OF THE BONDS. WITHOUT THIS RESOLUTION, YOU WOULD HAVE TO CASH FUND, UH, THAT EXPENSE AND THEN JUST HAVE THE BONDS AVAILABLE FOR CONSTRUCTION. SO THIS ALLOWS YOU TO PUT ALL OF THAT IN THAT FINANCING THAT ANDREA WAS TALKING ABOUT. YEAH. HOPEFULLY THAT MAKES SENSE. I KNOW IT IS JUST A TIMING ISSUE AND TO MAKE SURE WE CAN USE THE BONDS TO REIMBURSE THOSE COSTS. YEAH. BUT A LOT OF IT ALSO HAS TO DEPEND ON WHAT WE ALREADY HAVE IN OUR BANK AND WHAT WE CAN USE. RIGHT. 'CAUSE WHAT WE, RIGHT. THESE ARE CASH BALANCES THAT WE HAVE TO BORROW. WE ALREADY HAVE A SET AMOUNT OF MONEY ALREADY SET ASIDE FOR SOME OF THESE PROJECTS ALREADY. THIS IS BASICALLY SAYING WE CAN NOW ALLOW, WE'RE, WE'RE TRYING TO SAY WE'RE GOING TO GET SOME MORE FUNDING, UH, THROUGH AND, AND PAY OURSELVES BACK LATER ON TO THE GENERAL FUND. IT'S ALLOWING US TO KIND OF USE SOME OF THOSE FUNDS FROM, FROM IT. IT, IT IS, WE'RE BASICALLY BORROWING FROM OURSELVES IN THE INTERIM. ONE [01:05:01] OF THE THINGS THAT WE'RE VERY CAUTIOUS ABOUT, AND WE'RE MAKING A, A BIG PUSH FOR WHEN WE TALK ABOUT BOND FINANCINGS AS YOUR CREDIT RATING. MM-HMM. . AND THAT DRIVES THE INTEREST RATE THAT WE'RE ABLE TO ACHIEVE WHEN WE GO OUT AND BORROW MONEY. UH, ONE OF THE THINGS THAT INVESTORS AND CREDIT RATING AGENCIES LOOK AT VERY STRONGLY IS, WHAT ARE YOUR CASH POSITIONS? MM-HMM. . AND SO IF WITHOUT A REIMBURSEMENT RESOLUTION AND YOU'RE SPENDING THAT MONEY TOWARDS A PROJECT, WE'RE DIMINISHING OUR CASH POSITION MAKES US, UH, LESS OF A CREDIT WORTHY, UH, BOND ISSUER. THIS ALLOWS US AND THE INVESTORS AND RATING AGENCIES UNDERSTAND WE'RE SPENDING MONEY TOWARDS THE PROJECT, WE'RE GONNA PUT IT RIGHT BACK WHEN WE COMPLETE THE FINANCINGS. AND SO IT'S A ZERO SUM FROM THAT PERSPECTIVE. SO IT, IT, IT HELPS AND ENABLES OUR CREDIT STRENGTH, UH, WHEN WE GO TO THE BOND MARKET. SO IT BASICALLY, IT BUILDS OUR CREDIT FOR ADDITIONAL, IT HELPS TO PRESERVE IT. YES, SIR. QUESTION COUNCIL ZU. YES. SO, UH, I DO REMEMBER THIS ONE ABOUT THE $5 MILLION IN SCHEMATICS AND DESIGNS, I GUESS FOR THE, FOR THE ROADBLOCK THAT THAT WOULD BE WHERE IT WAS USED. AND THEN ONCE BONDS WERE ISSUED, THE $5 MILLION RE WAS REPAID. UM, ISN'T THAT THE SAME THING GOING ON? UM, I THINK IT IS. I MEAN, THE PER THE PROCESS MIGHT BE SIMILAR, BUT RIGHT. IT'S THE SAME PROCESS. RIGHT. SO I WAS GONNA ASK YOU, UM, IS THERE A CAP OR A A, A PERCENTAGE THAT ONE CAN REIMBURSE THEMSELVES IN, I GUESS GETTING READY INTO DESIGNS AND STUFF? WE'RE, WE'RE ESTABLISHING WITHIN THIS REIMBURSEMENT RESOLUTION, UH, AN AMOUNT WE INTEND OR, OR THAT WE'RE CONCEIVABLY GOING TO GO OUT AND FINANCE. AND THAT AMOUNT IS IN THAT REIMBURSEMENT RESOLUTION JUST SHY OF $70 MILLION. AND SO THAT ESTABLISHES OUR CAP. THAT'S NOT TO SAY THAT YOU'RE GOING TO SPEND $70 MILLION OF CASH 'CAUSE YOU DON'T HAVE IT. UM, BUT IT, IT MORE SUCCINCTLY TIES TO THE FUTURE FINANCING. UH, AND SO YOU'VE GOT A, A, A VERY GENEROUS AND AND REALISTIC, UM, MEASURE THAT YOU CAN SPEND THAT CASH TOWARDS THOSE PROJECTS THAT WILL ULTIMATELY BE FINANCED. SO WE ARE, WE'RE THINKING 70 MILLION IS WHAT WE WANNA REIMBURSE OURSELVES WITH. WELL, THAT'S WHAT THE FINANCING MAY ULTIMATELY BE, HUH. AND THOSE ARE OUR DECISIONS. IT'S WHAT IS IN THE CAPITAL IMPROVEMENT PLAN FOR THIS NEXT YEAR. YOU ALL SURE, AS THE GOVERNING BODY HERE WILL ULTIMATELY DETERMINE WHICH PROJECTS, UH, BECOME FINANCED. WE DON'T KNOW THAT AT THIS TIME. SO WE'RE SETTING THAT DOLLAR AMOUNT AT ITS HIGHEST, UH, FIGURE. THAT'S, AGAIN, NOT TO SAY THAT YOU'RE GONNA SPEND THAT MUCH, IT'S NOT TO SAY THAT YOU'RE GONNA BORROW THAT MUCH ULTIMATELY WHEN WE GO TO, TO APPROVE THESE CERTIFICATES OF OBLIGATIONS SOMETIME IN 2025. BUT WE WANNA BE ON THE HIGH SIDE NOW RATHER THAN ESTABLISH THAT PARAMETER TOO LOW. SO, UM, JUST TO CLARIFY TOO, ALL OF THOSE PROJECTS WILL COME BACK TO THIS BODY, TO THE COUNCIL. YOU WILL VOTE YES OR NO OF WHETHER OR NOT YOU WANT TO PROCEED WITH THE DESIGN CONTRACTS WITH THE PROJECT ITSELF. THIS IS NOT TIE YOU TO DO THE PROJECTS. ABSOLUTELY. AND SO THAT'S, UH, IT TIED, IT ALLOWS US TO MAKE SURE THAT WE COULD CAPTURE THOSE IN THE BOND FINANCING, BUT IT DOES NOT REQUIRE IT TO BE DONE. RIGHT. SO THOSE, THOSE ARE INDEPENDENT VOTES THAT WOULD TAKE PLACE ON EACH INDIVIDUAL PROJECT WHEN THEY COME FORWARD TO YOU. YEAH. SO, SO MY, MY QUESTION ABOUT THE CAPS WAS SO THAT WE DON'T GET AHEAD OF OURSELVES OVER DESIGN IT AND PAY FOR, FOR RENDERINGS AND ALL THAT, AND THEN THE PROJECT NEVER REALLY COMES. SO WE JUST SPENT MORE ON THE DESIGNS THAN WE NEEDED TO GETTING AHEAD OF OURSELVES. SO THAT'S WHY I ASKED IF THERE'S A CAP FOR WHAT YOU CAN REIMBURSE YOURSELF WITH, UH, PER PROJECT ON THE PROJECT BASIS. CERTAINLY. AND THAT FALLS BACK INTO YOU ALL'S PROCESSES AND MANAGING THROUGH THE DESIGN AND, AND DECISION MAKING. UH, AS YOU CONSIDER AND PROCEED THROUGH THE PROJECTS THEMSELVES. THIS IS REALLY PERTAINING TO THE FINANCING. MM-HMM. AT THE END OF THE DAY, WHICH REALLY, YOU KNOW, IS KIND OF SECONDARY TO THOSE MORE FUNCTIONAL DECISIONS. SO LIKE IF, SO YOU'LL HAVE THAT SAME COMPLETE CONTROL THAT YOU ALWAYS, YOU ALL ALWAYS HAVE. WE HAVE, WE'RE NOT TALKING, I DON'T KNOW IF YOU'RE DONE, BUT WE'RE NOT TALKING ABOUT THE SIGNING OR RENDERINGS OF ANYTHING RIGHT NOW. WE'RE JUST TALKING ABOUT THE FINANCIAL PART. RIGHT. IT RELATES TO THE BOND. I MEAN, WHATEVER, LIKE BRIAN WAS SAYING, WHATEVER PROJECT IS GONNA COME FORWARD WILL HAVE TO BE APPROVED BY COUNCIL BEFORE THAT. YEAH. SO GOING BACK TO THE LAKE KENSINGTON EXAMPLE, WE WILL HAVE A CONTRACT THAT WILL COME BACK TO YOU IN, UH, HOPEFULLY IN THAT JANUARY, FEBRUARY TIMEFRAME. YOU'LL BE ASKED TO CONSIDER THE CONTRACT, THE AMOUNT, THE PARTICULARS, ALL THE ELEMENTS THAT ARE IN THAT CONTRACT AND THE TOTAL COST. AND YOU CAN DECIDE IF THAT'S THE RIGHT LEVEL, THE WRONG, WRONG LEVEL, HOW YOU WANT TO ADJUST IT. ALL WE'RE SAYING IS WHATEVER THAT COST DETERMINES IS DETERMINED TO BE, IT WILL THEN BE PART OF THIS REIMBURSEMENT PROCESS FOR THE BONDS AND THE POINT IT DOES NOT LOCK YOU INTO THE SPECIFIC AMOUNT. RIGHT. IT WAS JUST ADVICE I GOT FROM THE PREVIOUS COUNCIL MEMBERS. YOU DON'T WANNA OVERDESIGN SOMETHING AND THEN IF THE BOND FAILS, THEN THAT'S JUST THE LOSS OF MONEY OF, OF TAXPAYER MONEY. SO, RIGHT. THAT'S [01:10:01] WHAT I SAID. IF THERE'S A CAP ON AND WE JUST THINK THE, THOSE ARE TWO VERY SEPARATE PROCESSES OF WHAT WE'RE TALKING THAT'S NOT RELATED TO THIS ITEM, IS THE WAY WE LOOK AT IT. AND THEN YOU DO HAVE TO HAVE SOME DESIGN WHEN YOU'RE GOING. YOU GOTTA HAVE SOMETHING. YOU HAVE AN, YOU HAVE TO HAVE AN IDEA. YEAH. YOU DEFINITELY HAVE TO HAVE AN IDEA WHAT YOU'RE BRINGING FORWARD TO THE TAXPAYERS. ALRIGHT, MR. MAYOR PROAM, I JUST HAVE ONE FOLLOW-UP. COUNCILMAN TOBIAZ, AND I DON'T MEAN TO PUT YOU ON THE SPOT, BUT, UH, PERVEZ, YOU'RE OUR FINANCE PERSONNEL. DID YOU WANT TO PUT ANDREW ON THE SPOT OR YEAH. . NO, JUST, UM, IT IS, IT IS, IT IS A FACT. WE, WE, WE DO HAVE PROJECTS THAT ARE COMING UP. YES. LAKE KENSINGTON. I'M ON THAT TASK FORCE. I UNDERSTAND. BUT WE ALSO HAVE OTHER AMENITIES THAT WE NEED TO LOOK AT AS WELL. WE JUST GOT FINISHED BUYING DOWNTOWN PROPERTY. OKAY. UH, HOW SAFE GUARDS DO YOU THINK MAKING THIS CERTIFICATE OF OBLIGATION, UM, DO WE FEEL FINANCIALLY SOUND ON AS FAR AS WHERE, WHERE WE'RE AT TO FEEL COMFORTABLE ABOUT THE BORROWING? 'CAUSE IT THAT BOTTOM LINE, THAT'S WHAT IT IS. WE'RE BASICALLY SAYING WE WANNA OPEN UP ANOTHER LINE OF CREDIT. IN A WAY. IT'S SAYING WE WANNA OPEN UP ANOTHER LINE OF CREDIT BECAUSE WE HAVE, UH, UH, UH, OTHER AMENITIES. WE, WE NEED TO BUILD. WE HAVE A NEED OF A ANIMAL SHELTER COMING. AND, AND THOSE, THOSE ARE, THOSE ARE GONNA BE VERY COSTLY, INCLUDING THE DESIGN CONCEPTS, WHATEVER. I KNOW WE'RE, WE'RE FAR FROM THAT, BUT I'M JUST TALKING ABOUT THE DOLLARS RIGHT NOW. THE MONEY. HOW COMFORTABLE DO YOU FEEL OF US GOING TO THAT HIGH OF A MARKET OF $70 MILLION IF WE WERE TO OPEN? BASICALLY THAT'S WHAT WE'RE DOING. WE'RE OPENING THAT LINE OF CREDIT. WE'RE ALLOWING, UH, TO HAVE US HAVE THAT FLEXIBILITY BECAUSE WE'RE GOING GOOD RIGHT NOW. OUR SALES TAXES ARE GREAT, WE'VE GOT BUSINESSES COMING, BUT, YOU KNOW, JUST LIKE WITH ANYTHING ELSE, THINGS CAN COME TO A SCREECHING HALT AND WE'RE, WE'RE GONNA BE UNDER THAT, UH, THAT TIGHT ROPE. SO HOW DO YOU FEEL, SIR? SO MAYOR PROAM COUNCIL MEMBERS FOR THE RECORD ON PROSITE CITY'S DIRECTOR OF FINANCE, LET ME ANSWER YOUR QUESTION IN TWO PARTS. FIRST, LET ME BRIEFLY EXPLAIN WHAT THIS AGENDA ITEM IS ALL ABOUT. OKAY. THIS IS A REIMBURSEMENT RESOLUTION THAT YOU, AS THE OFFICIAL ELECTED BODY OF CITY OF KYLE, YOU'RE DECLARING THE INTENT. IF YOU PASS THIS RESOLUTION, YOU'RE DECLARING THE OFFICIAL INTENT TO ISSUE FUTURE BONDS TO REIMBURSE THE CITY FOR USING ITS MONIES UPFRONT FOR PRELIMINARY PROJECT COST. OKAY? SO IT IS NOT BECAUSE CITY MANAGER OR THE DIRECTOR OF FINANCE OR THE CITY'S FINANCIAL ADVISOR WANTS TO DO THIS. YES. IT IS IN THE TAX EXEMPT OBLIGATION RULES THAT WHEN YOU START SPENDING MONEY, THE CLOCK STARTS. THERE'S A 60 DAY CLOCK FOR US TO DECLARE THIS INTENT TO ISSUE FUTURE BONDS, TO REIMBURSE OURSELVES. THAT'S WHAT WE'RE TRYING TO DO TONIGHT. IF WE DON'T DECLARE THIS INTENT AND WE SPEND MONEY, LEON SPENDS MONEY, CITY MANAGER SPENDS MONEY ON PRELIMINARY PROJECT STUDIES DESIGNS. MM-HMM. SOIL TESTING, WHATEVER THEY NEED TO DO. IF WE DO NOT PASS THIS RESOLUTION, WE WILL NOT BE ABLE TO REIMBURSE OURSELVES WITH FUTURE BOND PROCEEDS. THESE ARE NOT FOR VOTER AUTHORIZED BONDS. THE REIMBURSEMENT RESOLUTION YOU'RE ABOUT TO APPROVE OR CONSIDER TO APPROVE IS FOR CERTIFICATES OF OBLIGATIONS. THESE ARE, THESE ARE NON-MOTOR AUTHORIZED BONDS, AND THESE ARE GOING TO BE FOR FOUR DIFFERENT TYPES OF PROJECTS THAT WE HAVE IN OUR SPENDING PLAN. IF YOU RECALL, WHEN CITY MANAGER BROUGHT THE FIVE YEAR CIP SPENDING PLAN FOR Y'ALL'S REVIEW AND APPROVAL OVER THE FIVE YEARS FOR ALL OUR PROJECTS, GEO BONDS, ROAD BONDS, MM-HMM. WATER PARKS. THEY ADDED UP CLOSE TO $900 MILLION OVER FIVE YEARS. I CAME BEFORE YOU IN MAY OF THIS YEAR DURING THE BUDGET PROCESS I WALKED YOU THROUGH, BASED ON THE FIVE YEAR [01:15:01] FORECAST OF WHAT THE CITY'S NEEDS ARE, THERE ARE SOME PROJECTS THAT WILL BE PAID WITH FEES AND OTHER REVENUES, GENERAL FUND TRANSFERS. BUT THE MAJORITY OF OUR CAPITAL IMPROVEMENTS PROJECTS WILL NEED LONG-TERM FINANCING, WHETHER THEY'RE VOTER AUTHORIZED BONDS OR NON VOTER AUTHORIZED BONDS, AS COS THAT FIGURE OVER THE FIVE YEARS IS ESTIMATED AT LITTLE OVER $600 MILLION. SO THE 69 MILLION, THE RESOLUTION TONIGHT IS FOR $69.2 MILLION. AND I CAN WALK YOU THROUGH REAL BRIEFLY TO GIVE YOU THAT COMFORT LEVEL HOW WE CAME UP WITH THAT DOLLAR ESTIMATE. SO SIR, IT WAS 10% OF 600 MILLION, RIGHT? NO, THIS IS, THIS IS SPENDING ESTIMATED FORECASTED BY OUR ENGINEERS OVER THE NEXT 12 MONTHS. THIS IS JUST FOR 12 MONTHS THIS FISCAL YEAR. MM-HMM, . SO THIS IS HOW WE CAME UP WITH THE $69 MILLION ESTIMATE. AND THESE ARE NOT ROAD BONDS AND THESE ARE NOT PARK SPOTS. THESE ARE CERTIFICATES OF OBLIGATIONS, NON VOTER, VOTER AUTHORIZED BONDS. SO $37.1 MILLION FOR WATER INFRASTRUCTURE IMPROVEMENTS. AS OUR WATER UTILITY DIRECTOR DESCRIBES THESE PROJECTS AS GOTTA GO PROJECTS, THEY HAVE TO BE DONE $11.1 MILLION FOR WASTEWATER TREATMENT PLAN, EXPANSION RELATED COSTS. EVEN THOUGH COUNCIL HAS AUTHORIZED 10 MILLION FOR THE KINSINGTON, UH, NATURE PARK, WE ARE ESTIMATING THAT THIS YEAR WE WILL SPEND CLOSE TO $3.8 MILLION FOR THE PRELIMINARY WORK DESIGN, ENGINEERING, THOSE TYPES OF THINGS IN OUR FI FIVE YEAR CIP PLAN FOR THIS YEAR. WE HAVE A NUMBER OF INTERSECTION IMPROVEMENTS THROUGHOUT THE CITY THAT THE ENGINEERING DEPARTMENT IS GONNA UNDERTAKE. WE'RE ESTIMATING THAT THEY WILL NEED $4.7 MILLION THIS YEAR FOR PRELIMINARY ENGINEERING, UH, AND THOSE TYPES OF, UH, WORK. AND THEN LASTLY, WE TALKED ABOUT, WE TOUCHED ON ANIMAL SHELTER. WE'RE ESTIMATING THAT PROJECT TO BE AROUND $10 MILLION OF THAT. WE NEED ABOUT $2.6 MILLION THIS YEAR. AND THEN FINALLY WE HAVE $9.9 MILLION FOR TGE NUMBER TWO FOR THE ROUNDABOUTS AND THE ILLUMINATION RELATED, UH, PROJECT IMPROVEMENTS ASSOCIATED WITH THOSE ROUNDABOUTS ON KOHLERS. SO IF YOU ADD ALL THAT UP, THAT'S $69,200,000. SO WE EITHER AMEND OUR CIP SPENDING OR WE HAVE THIS RESOLUTION IN PLACE. SO WE'VE ALREADY STARTED SPENDING MONIES. ENGINEERING DEPARTMENT IS SPENDING MONEY, OUR PLANNERS ARE SPENDING MONEY, AND WE ARE BORROWING FROM OUR INTERNAL FUNDS, FROM OUR INVESTMENT POOL, FROM OUR GENERAL FUND, WHEREVER WE CAN FIND MONEY, CASH THAT WE CAN PAY IN THE INTERIM UNTIL THE BOND PROCEEDS BECOME AVAILABLE. AS THE CITY MANAGER WAS TRYING TO EXPLAIN EARLIER, WE DON'T WANNA SELL ALL $69 MILLION TODAY, AND IT SITS IN THE BANK. WE'RE INCURRING INTEREST PAYMENTS ON IT, WE'RE USING OUR DEBT CAPACITY, WE'RE AFFECTING OUR CREDIT RATING IN THE FUTURE. SO IT MAKES A SMARTER DECISION TO BORROW WITHIN UNTIL SUCH TIME THAT WE CAN SELL THOSE BONDS AND REIMBURSE OURSELVES. BUT THE IMPORTANT THING TO KEEP IN MIND AS THE CLOCK IS TICKING, IF WE DON'T DO THIS, WE WON'T BE ABLE TO REIMBURSE OURSELVES. SO, AND THE FINAL ANSWER TO YOUR QUESTION, SIR, IS THESE BONDS WILL HAVE AN IMPACT IF THERE ARE WATER AND WASTEWATER UTILITY RELATED PROJECTS, THEY WILL HAVE AN IMPACT ON WATER AND SEWER RATES. IF THEY ARE STREET TYPE IMPROVEMENTS, PARK IMPROVEMENTS, THEY WILL HAVE AN IMPACT ON PROPERTY TAX RATES DOWN THE ROAD. THOSE IMPACTS WILL BE DISCUSSED WITH COUNCIL AS PART OF [01:20:01] THE BUDGET PROCESS. OUR FINANCIAL ADVISOR, SAMCO AND CAP, UH, CAPITAL WILL BE DOING TAX, UH, TAX RATE IMPACT ANALYSIS. OUR COST TO SERVICE CONSULTANTS WILL BE DOING RATE IMPACTS. THAT WILL ALL BE SHARED WITH YOU AS WE GO THROUGH THE BUDGET PROCESS. BUT THE ANSWER IS YES, IT WILL HAVE AN IMPACT ON PROPERTY TAX RATES, IT WILL HAVE AN IMPACT ON ITALY RIGHTS. SO, I DON'T KNOW, COUNCIL MEMBER IF I ANSWERED YOUR QUESTIONS. YES, YOU DID. AND IT'S JUST SO THAT WAY, I KNOW A LOT OF PEOPLE ON THE DIOCESE ALREADY HAVE THAT INFORMATION. THEY KNOW IT ALREADY, BUT IT'S ALSO WHAT YOU EXPLAINED FOR THE GENERAL PUBLIC TO UNDERSTAND BECAUSE AGAIN, WE WILL HAVE THESE PROJECTS AND THEY ARE NEEDED. OUR WATER, OUR ROADS, YOU KNOW, WE'RE BUILDING A PARK AND SO FORTH. UH, THERE'S OTHER THINGS WE'RE NEEDING. AND SO IT'S, IT'S HAVING THAT UNDERSTANDING OF WHY WE WOULD NEED TO BE ABLE TO DO THIS MOVING FORWARD. GOOD MAYOR. THANK YOU. ANYBODY ELSE? UH, I'M, I'M, I'M JUST GONNA ADD TO IT, YOU KNOW, YOU KNOW WHAT YOU'RE TALKING ABOUT, THE PROJECTS, CRITICAL PROJECTS THAT WE NEED. BUT THE ANIMAL SHELTER IS A NOW THING BECAUSE WE'RE ON THE CLOCK FOR TWO YEARS. IT'LL TAKE TWO YEARS TO BUILD DESIGN THIS PROJECT, UH, ANIMAL ADOPTION CENTER, WHATEVER WE WANT TO CALL IT. IT'S GONNA, IT'S GONNA BE A TWO YEAR PROCESS. SO TO BE THERE IN TIME. BY THE TIME SAN MARCOS, UH, NO LONGER ACCEPTS OUR INTAKE ANYMORE, IT'S GONNA BE IMPORTANT. SO WE DEFINITELY NEED TO BE ON THE CLOCK ON THAT ONE. ESPECIALLY, I MEAN, THERE'S A LOT OF WANTS THROUGH THIS THROUGHOUT THE CITY, BUT THIS IS A NEED AND WE, WE DEFINITELY NEED TO FILL THAT NEED. SO WITH THAT, MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 11. THANK SECOND. WE HAVE A MOTION, UH, TO APPROVE BY COUNCIL MEMBER TOBIAS, A SECOND BY COUNCIL MEMBER PARSLEY. ALL THOSE IN FAVOR SAY AYE. AYE. AYE. ALL THOSE OPPOSED? SAME. A MOTION PASSES. SIX. OH, THANK YOU. COUNCIL PEREZ. THANK YOU EVERYBODY FOR YOUR EXPLANATION. AGENDA ITEM [12) Consider approval of a construction contract with Gage and Cade Construction, for $2,930,567.31, which includes a five percent contingency, for the reconstruction of the Wastewater Treatment Plant Access Road.] NUMBER 12, CONSIDER APPROVAL OF A CONSTRUCTION CONTRACT WITH GAGE AND CADE CONSTRUCTION FOR $2,930,567 AND 31 CENTS, WHICH INCLUDES A 5% CONTINGENCY FOR THE RECONSTRUCTION OF THE WASTEWATER TREATMENT PLANT ACCESS ROAD. MS. TRULOVE, THIS IS HERE AN ITEM. YES IT IS. GOOD EVENING. ROSIE TRULOVE, UH, DIRECTOR OF ADMINISTRATIVE SERVICES, UH, HERE TO PRESENT, UH, CONSTRUCTION INVITATION FOR BID FOR CONSIDERATION. UM, MAY 7TH. WE, UH, COUNSEL AUTHORIZED THE DEVELOPMENT OF THE WASTEWATER TREATMENT PLANT ACCESS, ROADS, UH, PLAN SPECIFICATIONS, AND THE ESTIMATE, ESTIMATE FOR THE RECONSTRUCTION OF THE ACCESS ROAD. UH, TRAFFIC TO AND FROM THE WASTEWATER TREATMENT PLANT WILL USE THIS NEW ROADWAY ROADWAY OFF OF HEDEN HEDEN WRIKE LANE. AM I SAYING THAT RIGHT? I FEEL LIKE I'M BUTCHERING, I'M BUTCHERING THE NAME OF THE ROAD AND I APOLOGIZE FOR THAT. UM, THE EXISTING ENTRANCE FROM THE WATER LEAF SUBDIVISION, UH, WILL ONLY BE USED WHEN ABSOLUTELY NECESSARY AND APPROVED BY THE DIRECTOR OF THE WATER UTILITY, MR. MURPHY, WHO IS RIGHT HERE NEXT TO ME. UM, THIS IS THE LAYOUT THAT WE HAVE FOR THE, THE CONSTRUCTION OF THIS ROADWAY. UH, WE ADVERTISED THE BID ON OCTOBER 2ND AND THE BID CLOSED ON OCTOBER 29TH. WE RECEIVED NINE BIDS, UH, FOR THIS PROJECT. UM, AND THE BIDS RANGED FROM 2.791 MILLION UP TO 3.892 MILLION WITH GAGE AND CADE CONSTRUCTION BEING THE LOWEST BIDDER. UM, AND THAT IS STAFF'S RECOMMENDATION, UH, TO AWARD THE CONTRACT TO GAGE AND CADE CONSTRUCTION. UH, STRAIGHT LOW BID, NO, UM, ALTERNATES ABOUT AS, AS SIMPLE AS IT COMES FOR CONSTRUCTION CONTRACTS. SO, UH, IT'S, IT'S, UH, RECOMMENDED FOR, UH, APPROVAL FROM THE COUNCIL. COUNCIL ? YES. AND THERE WE GO. ALRIGHT, I'D LIKE TO, IF THERE'S ANYTHING, I'D LIKE TO GO AND MAKE A MOTION TO APPROVE IT. AGENDA DENIED TO NUMBER 12. SECOND, WE HAVE A MOTION BY COUNCILOR TOBI, SECOND BY COUNCILLOR PARSLEY. ANY DISCUSSION? COUNCILOR ZUNIGA? SORRY, . NO, YOU'RE FINE. UH, YEAH, WHEN I LOOKED UP THE, THE BACKUP ON THESE BIDDERS, IT LOOKS LIKE THEY'RE NOT PROVIDING INFORMATION WE'RE REQUESTING FROM, UM, SOMETIMES LIKE THEY JUST, UH, PROOF OF THEIR LAST WORK PROJECTS THAT WERE OF THE SAME PERFORMANCE AND QUALITY AND SCALE. I THINK WE, WE ASKED FOR THAT FROM THE CAGE GUYS. UM, THERE WAS NO, NO, THEY'RE NOT GIVING US WHAT WE'RE ASKING FOR. I THINK ALL OF THEM LIKE OMITTED, UH, INFORMATION THAT WE, WE WANT FROM THE, FROM THE R-F-P-R-F-P PROCESS. SO, SO I'M, I'M HAPPY TO LOOK INTO THAT FOR YOU. I'M NOT AWARE OF ANY CONCERNS THAT WERE RAISED. IT'S THE, THE LETTER THAT'S GIVEN FROM THE CONTRACTOR THAT THE, THE ENGINEER, OH, I'M THE PROJECT, THE ENGINEER THAT YEAH, THEY'RE NOT GIVING THEM LIKE THE INFORMATION THAT I GUESS WAS IN [01:25:01] THE REQUEST AND, AND ALL THREE OF THEM DID, UM, OMITTED STUFF. SO HOW DO WE, HOW DO WE GET THAT MOVING FORWARD? UM, BECAUSE I THINK THIS IS A POSSIBLY ONLY A FIVE YEAR COMPANY THAT'S BEEN ESTABLISHED. UH, I'M SURE THEY CAN HANDLE THIS ROAD, BUT, SO IT'S JUST, IT WOULD BE NICE TO HAVE A COMPLETE, UH, REQUEST FROM THE, WHAT THE PROJECT ENGINEER WAS LOOKING FOR. HE DIDN'T GET WHAT HE WAS LOOKING FOR. WELL, WE CAN CERTAINLY LOOK AT THAT ON FUTURE BIDS. I MEAN, WITH THIS PARTICULAR CASE, UM, I AM LOOKING AT THE RECOMMENDATION LETTER FROM, UM, THE PROJECT MANAGER RIGHT NOW. AND, UM, THERE'S, WE, WE DO INCLUDE A STATEMENT OF BIDDERS EXPERIENCE AND WE, WE DON'T, UM, WE HAVEN'T IN THIS CASE, HAD, DIDN'T DISQUALIFY FOLKS FOR RIGHT. NOT SUBMITTING THE INFORMATION. WE CAN LOOK AT THAT, THAT WILL POTENTIALLY, UM, MY CONCERN WOULD BE THAT IT WOULD, UM, IF WE STARTED ELIMINATING, UM, POTENTIAL BIDDERS FOR, FOR THAT, WE MIGHT SEE FEWER BIDDERS COMING THROUGH. UH, BUT THERE WAS NOTHING IN THE, THE BIDS THAT WERE RECEIVED FOR THIS OR THE EVALUATION OF THE BIDS FOR THE NATURE OF THIS PARTICULAR PROJECT THAT CAUSED US TO HAVE ANY CONCERNS WITH AWARDING. UM, IF WE DID HAVE CONCERNS, THEN WE WOULD, UH, RECOMMEND THAT, UH, THE APPARENT LOW BIDDER BE DEEMED NON-RESPONSIVE AND THAT WOULD BE, YOU KNOW, ADVERTISED OR, OR BROADCAST THROUGH THE POSTING OF THE ACTUAL AGENDA ITEM. UM, SO IN THIS CASE IT DIDN'T, IT WASN'T MATERIAL TO OUR ABILITY TO EVALUATE THE, THE EXPERTISE OF THE BIDDER. RIGHT. THAT'S WHAT THE PROJECT ENGINEER DID SAY. SO, BUT, BUT I GUESS THEY WERE LOOKING FOR, THEY WANTED TO COMPARE A PROJECT OF EQUIVALENT, UM, VALUE TO THIS PROJECT, I GUESS JUST TO SEE THAT THEY CAN MEET IT, MEET IT ON DEADLINE, NO OVER, YOU KNOW, UM, CHANGE ORDERS, ALL THIS STUFF AND, AND THAT, THAT WAS NOT SUPPLIED. SO MOVING FORWARD, LIKE ANY COMPANIES THAT ARE DOING THE WORK WITH US, WE SHOULD GET A COMPLETE RECORD THAT, THAT THE, THE PROJECT ENGINEERS ARE LOOKING FOR. YEAH. WE CAN CERTAINLY ENSURE THAT WE'RE, UM, BEING, UM, MORE DIRECTIVE IN WHAT WE'RE GONNA BE REQUIRING AS PART OF THE BID PROCESS. AND IF WE ASK FOR THAT COMPARABLE EXPERIENCE THAT WE'RE, UM, THAT WE'RE ENSURING THAT IF THEY DON'T GIVE US THAT, THAT WE, WE WOULD JUST BE DEEMING THEM TO BE NON-RESPONSIVE TO THE BID. RIGHT. AND THEN, AND IT WAS NOT JUST THEM, IT WAS ALL THREE OF THE CONTRACTORS THAT THEY DIDN'T GIVE BACK THE INFORMATION. SO WE'LL HAVE TO LOOK AT, I MEAN, I, I DON'T HAVE THE BID DOCUMENTS IN FRONT OF ME, I JUST HAVE THE SUMMARY THAT'S PART OF THE COUNCIL AGENDA, BUT WE WOULD NEED TO ALSO LOOK AT HOW WE ADVERTISED IT TO ENSURE THAT THAT WAS DETERMINED TO BE SOMETHING THAT IS A REQUIRED SUBMITTAL AS OPPOSED TO A DISCRETIONARY SUBMITTAL. ANY THOUGHTS ON THAT, BRIAN? WELL, UH, HONESTLY, I'M NOT QUITE SURE WHAT DOCUMENT YOU'RE REFERRING TO. UM, CAN WE READ IT WITH THE, THE PROJECT ENGINEER'S COMMENTS ON THE YEAH. THE SECTION, THIS IS, UM, UM, THIS IS THE RECOMMENDATION OF AWARD. UM, IT'S PART OF THE BACKUP, UM, THAT'S POSTED AND IT SAYS, UH, DURING THE REVIEW, THE POST BID SUBMITTAL, SEVERAL ADMISSIONS WERE IDENTIFIED, BUT NONE THAT WOULD REQUIRE THE REJECTION OF BIDS GAUGING CADE CONSTRUCTION FAILED TO PROVIDE A MINI MINIMUM OF THREE SUCCESSFULLY COMPLETED PROJECTS FOR EACH OF THE SPECIFIC CONSTRUCTION EXPERIENCE REQUIREMENTS PER ATTACHMENT D OF THE PROJECT MANUAL. MM-HMM. , UM, HARRIS WROTE COMPANY FAILED TO PROVIDE A MINIMUM OF THREE SUCCESSFULLY COMPLETED PROJECTS FOR THE SPECIFIC CONSTRUCTION EXPERIENCE REQUIREMENTS, AND DID NOT PROVIDE SIGNED COPIES OF, UM, SECTION 4 0 5, CERTIFICATE OF NON-US SUSPENSION OR DEPARTMENT OR, AND SECTION FOUR 10, UH, STATEMENT OF BIDDER SAFETY EXPERIENCE AND CAPITAL EXCAVATION. DID NOT PROVIDE SIGNED COPIES OF SECTIONS 4 0 5 AND SECTIONS FOUR 10 REFERENCE CHECKS WERE MADE FOR ALL APPARENT LOW BIDDERS AND ALL RECEIVED POSITIVE REFERENCES FOR SIMILAR PROJECTS. YEAH, I I THINK WE'LL BE GLAD TO LOOK AT THAT. THAT'S THE FIRST TIME I'VE, I'VE HEARD THAT LANGUAGE, SO WE'LL BE HAPPY TO LOOK AT IT. UM, I THINK THE BOTTOM LINE IS THERE'S NOTHING THAT WE WOULD DEEM TO DISQUALIFY ANY OF THE BIDDERS AT THIS POINT. ALL OF 'EM ARE RESPONSIVE. ALRIGHT. ONE THING YOU TYPICALLY SEE ON CONSTRUCTION CONTRACT BIDS IS THAT A LOT OF TIMES WE'LL HAVE IN OUR BID DOCUMENT REFERENCES TO CERTAIN ERRORS THAT ARE AUTOMATICALLY DISQUALIFYING AND OTHER ERRORS THAT MAY BE DISQUALIFYING DEPENDING ON THE FACTS AND CIRCUMSTANCES OF THE ENTIRE BID. AND SO IT SEEMS LIKE THESE WERE MORE OF THE MAYBE AS OPPOSED TO THE WOULD BE, RIGHT? YEAH. MY, MY CONCERN WOULD'VE BEEN LIKE THAT THEY CAN DO TRENCHING AND DRAINAGE, YOU KNOW, THE THINGS THAT THE ENGINEER'S LOOKING FOR, IF THAT'S MISSING PARTS, THAT THAT'S ALL GOTTA BE, THEY HAVE TO FEEL CONFIDENT THAT THEY'VE DONE THIS BEFORE. RIGHT. AND, AND I THINK WHAT THE ENGINEER IS SAYING IN THEIR, IN THEIR RECOMMENDATION LETTER IS THAT THEY'RE CONFIDENT THAT RIGHT. THEY'VE MET THE EXPERIENCE REQUIREMENTS THAT ARE NECESSARY FOR THE PROJECT. AND THAT'S, YOU KNOW, THAT'S, THAT'S PART OF THE ASSURANCES THAT WE'RE LOOKING FOR FROM OUR ENGINEERS THAT WORK ON THE DESIGN. I HAVE A QUICK QUESTION. CONCERN, PARSLEY. WHAT'S THE LENGTH OF THE ROAD THAT WILL BE RECONSTRUCTED? OH, THAT'S A GOOD QUESTION. UM, DO YOU, HOW MANY [01:30:01] 2200 FEET IS WHAT MR. MURPHY SAYS AND THAT ROAD ONLY GOES FROM THAT HIDE AND RIGHT. CONNECTING TO THE PAD, THE DUMPSTER PAD. THAT'S WHAT WE'RE DOING. CORRECT. AND, AND, AND THIS IS THE ROAD THAT TAKES THE, UH, DUMPSTERS AWAY FROM THE, UH, NEIGHBORHOOD, FROM GOING THROUGH THE NEIGHBORHOOD THROUGH WATER LEAK NEIGHBORHOOD. IT'S NOW GOING THROUGH A BACK ROAD. ALRIGHT, I JUST GOT EXCITED 'CAUSE I SAW THE HEIGHT AND R THERE, DIDN'T I? ALRIGHT, THANK YOU. THAT WAS MY ONLY QUESTION. ANYONE ELSE? 20. MAYOR PROTE. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 12. IT'S ALREADY ON, WE ALREADY MADE A MOTION. OH, OKAY. WE'RE GOOD. WE'VE GOT A MOTION. UM, AND A SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED? MOTION PASSES. SIX OH. ALL RIGHT. STAFF REPORTS AND [13) Receive a report, hold a discussion, and provide staff direction regarding an overview of special event programs and strategies.] PRESENTATIONS. 10 ITEM 13. RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION REGARDING AN OVERVIEW OF SPECIAL EVENT PROGRAMS AND STRATEGIES. MR. LOPEZ. GOOD EVENING. HONORABLE MAYOR PRO TIM, AND COUNCIL DAVID LOPEZ, DIRECTOR OF PARKS AND RECREATION. OKAY. SO THE RAISON DIRE FOR THIS, UH, IS, WELL ACTUALLY A QUICK OVERVIEW IS, UH, WE WE'RE GONNA GO OVER THE BACKGROUND OR THE RAISON DIRE FOR THIS PRESENTATION, THE PURPOSE, OUR BUSINESS STRATEGY FOR EVENTS AND PROGRAMS, BUSINESS ANALYSIS AND CHALLENGES, SOLUTIONS, NEW IDEAS. AND WE'RE GONNA HIGHLIGHT OUR NEW RECREATION SOFTWARE AS WELL AS A, UH, PATH FORWARD FOR OUR EVER INCREASING DEMAND FOR CO-SPONSORSHIP. ALRIGHT. SO, UM, IT'S A STANDARD PRACTICE FOR PARKS AND RECREATION TO CONSTANTLY EVALUATE THE SERVICES WE OFFER TO ENSURE WE'RE HITTING THE MARK AND MEETING THE EVOLVING AND GROWING CUSTOMER NEEDS. UM, WE ALSO TAKE INTO CONSIDERATION COUNCIL AND COMMUNITY FEEDBACK, WHETHER IT COMES FROM THE DAIS THROUGH SOCIAL MEDIA OR THROUGH SURVEYS. COUNCIL RECENTLY REQUESTED TO SEE INCREASED PROGRAMMING FOR HEROES MEMORIAL PARK, AND SO WE'RE GONNA OFFER SOME SOLUTIONS FOR THAT. ALSO, UH, AN INCREASE IN THE CO-SPONSORSHIP AS PREVIOUSLY MENTIONED, HAS, UM, WARRANTED A STRATEGY FOR, UH, BRINGING THOSE FORWARD IN THE FUTURE. AND WE'RE GONNA BE SEEKING COUNCIL DIRECTION AND FEEDBACK AT THE END OF THE PRESENTATION. OKAY, SO THIS IS, UH, I'M GONNA READ YOU, OR, OR THE SUMMARY OF THE PURPOSE, AND I PROMISE YOU THIS WILL BE THE ONLY SLIDE I READ VERBATIM PROVIDE A BUSINESS ANALYSIS OF PARKS AND RECREATION EVENTS AND PROGRAMS, FOCUSING ON STRATEGIES TO MEET CUSTOMER NEEDS, ADDRESS CHALLENGES, AND CONTINUE TO DELIVER THE HIGHEST QUALITY EXPERIENCE FOR THE COMMUNITY. OKAY, SO THIS IS A QUICK RECAP OF OUR, UH, ADAPTATION OF BOSTON CONSULTING GROUPS PRODUCT OF LIFE CYCLES THAT WE'VE APPLIED TO OUR EVENTS AND PROGRAMS. UH, I JUST WANNA RECAP ON THIS BECAUSE I'M GONNA TOUCH ON THIS LATER IN THE PRESENTATION, BUT WE HAVE OUR SHINING STARS, WHICH ARE COMMUNITY STAPLE PERENNIAL EVENTS THAT ARE WILDLY POPULAR AND AREN'T GOING ANYWHERE. COMMUNITY'S CRAZY ABOUT 'EM. THINK ABOUT YOUR SANTA'S ARRIVAL. UM, A FADING STAR IS AN EVENT THAT HAS LOST ITS LUSTER OVER TIME DUE TO CUSTOMER NEEDS CHANGING. AND WE WOULD EVALUATE THOSE EVENTS TO POTENTIALLY FREE UP SOME FUNDING FOR OUR RISING STARS, WHICH ARE, UH, PROGRAMS OR EVENTS LIKE SAY GRINCH FEST. AND, UM, TO SUPPORT THOSE WITHIN ONE YEAR TO PILOT IT, FOR INSTANCE, TO SEE IT IF IT'LL GENERATE THE STEAM MOMENTUM THAT WE ANTICIPATE. UH, A QUESTION MARK IS AN EVENT OR PROGRAM THAT DOESN'T FIT NEATLY INTO ANY CATEGORY JUST YET. MAYBE IT WAS A, A, UH, SHINING STAR, BUT FOR SOME REASON WE SEE LIKE THIS ANOMALY THAT THE ATTENDANCE IS LOWER, THE POPULARITY IS STARTING TO DROP, AND WE WOULD EVALUATE TO SAY, IS IT BECAUSE OF SOMETHING WE DID IN LACK OF PROMOTIONS, OR HAVE WE FAILED TO, UH, MAKE ANY ADJUSTMENTS OR TWEAKS THAT WE NEED TO MAKE? AND SO IT'S A TBD CATEGORY. OKAY? UH, FOR OUR EVENTS, WE HAVE 72 EVENTS THAT OUR HARDWORKING PARK AND RECREATION TEAM OFFERS TO THE CITY. UH, THESE ARE DIVIDED INTO COMMUNITY EVENTS, DESTINATION EVENTS, WHICH IS COW FAIR. IT'S A MULTI MULTI-DAY EVENT. UM, WE HAVE AQUATICS EVENTS AS WELL AS, UH, CHRISTMAS EVENTS, WHICH PARKS AND REC ARE GOING TO BE TAKING A LEADING ROLE IN MOVING FORWARD AS WELL AS CITY FEST. AND THEN WE HAVE, I BELIEVE, 20 PROGRAMS THAT WE OFFER. UH, THESE ARE INCLUDE OUR SUMMER CAMPS, OUR, UM, ATHLETIC, UH, PROGRAMS, AS WELL AS OUR AQUATIC PROGRAMS. AND STAFF SPENDS A LOT OF TIME AND ENERGY ON THESE EVENTS. IT'S NOT JUST THE RECREATION STAFF, BUT THE PARKS TEAM THAT HELPS SUPPORT THESE. AND THIS IS LIKE, UH, ALL THE PLANNING AND COORDINATION THAT YOU UP TO IT. ALL THE EVENT DAY LOGISTICS AND SITE AND OPERATIONAL WORK, AND THEN ALL THE POST-MORTEM WORK REQUIRED TO, YOU KNOW, EVALUATE WHAT WE DID WELL AND WHAT WE CAN DO BETTER. AND SO HERE'S JUST A QUICK SUMMARY OF OUR, I'M NOT GONNA GO THROUGH THOSE. YOU, IT'S PROBABLY NO SURPRISE THAT OUR, UH, THE HIGHER FREQUENCY TYPE EVENTS IS WHAT WE SPEND MOST OF OUR HOURS ON. AND JUST SOME QUICK HIGHLIGHTS OF THE GREAT SERVICES THAT THE TEAM OFFERS TO THE COMMUNITY AND, UH, HOW THE COMMUNITY IS ENJOYING THESE EVENTS. [01:35:02] OKAY. SO, UM, THE ENGINEERING DEPARTMENT LIKES TO REMIND US IN PARK AND RECREATION THAT IT'S NOT ALL FUN AND GAMES. SO WE DO HAVE CHALLENGES THAT, THAT WE FACE. AND, UM, BUT, UM, THESE CHALLENGES WOULD INCLUDE THINGS LIKE MEETING THE DEMAND FOR ENHANCING SOME OF THESE PROGRAMS. AGAIN, A COMMUNITY OR CUSTOMER DEMAND CHANGES AND WE NEED TO ADD MORE PROGRAMMING OR ENHANCE EXISTING. UM, WE, WE CAN'T JUST MUSTER UP THE PROGRAM. WE'VE GOTTA COME AND, AND BRING FORTH THE STRATEGY TO ALLOCATE THOSE RESOURCES OR ASK FOR ADDITIONAL FUNDINGS. UM, IF WE ROB PETER TO PAY PAUL AND SAY, HEY, WE WANT ENHANCE THIS EXISTING PROGRAM OR EVENT, BUT WE NEED TO TAKE FROM THIS OTHER EVENT. UH, WELL, IT'S GONNA AFFECT THE OVERALL QUALITY AND THEN WE HAVE TO THINK ABOUT OUR FINANCIAL CONSTRAINTS, ALL THE IMPACT. DO WE NEED TO COME BACK WITH A A, A REQUEST FOR ADDITIONAL BUDGET? AND THEN HOW'S MASTER PLAN GONNA IMPACT ALL OF THIS? BECAUSE WE ANTICIPATE MASTER PLAN IS GOING TO SHOW A GREATER DEMAND FOR MAYBE SOME EVENTS OR PROGRAMS THAT WE DON'T CURRENTLY OFFER OR SAY, HEY, YOU KNOW, WE LIKE THIS PROGRAM. WE, HERE'S SOME SUGGESTIONS ON HOW WE CAN DO IT BETTER. SO IN PARK AND RECREATION, WE DON'T BRING CHALLENGES WITHOUT SOLUTIONS. SO WE'RE LOOKING AT LEVERAGING EXISTING PARTNERSHIPS. WE JUST BROUGHT THE, UH, YOU ALL RECENTLY APPROVED THE PARK PARTNERSHIPS AGREEMENT, SO WE WANNA LEVERAGE VOLUNTEER TIME. UH, WHAT CAN VOLUNTEERS DO TO HELP US SUPPORT AND BOLSTER SOME OF THESE EVENTS AND SERVICES? WE RECENTLY HAD, UM, A, UH, FLAG RETIREMENT CEREMONY THAT WAS, UM, CO-SPONSORED BY A LOCAL VETERANS TEAM AND, AND BOY SCOUTS GROUP THAT, UH, ALLOWED US TO JUST PROVIDE SOME, BASICALLY THE, THE EVENT SPACE AND SOME PROMOTIONAL WORK. AND WE WERE ABLE TO HAVE SOME GREAT EVENT OUT OF IT WITH VERY LITTLE COST OR IMPACT TO THE CITY. INSTRUCTOR BASED PROGRAMS WOULD BE LIKE A, A COST, UH, A REVENUE SHARING MODEL WHERE WE WOULD HIRE A CONTRACTOR THAT COULD, AND WE'D HAVE A REVENUE SPLIT BASED ON THE AMOUNT OF PARTICIPANTS SO THAT IT'S NOT US REQUIRING A NEW FTES AND THEN THE BUDGET ENHANCEMENT THAT'S NOT AS AS POPULAR. BUT FROM TIME TO TIME, WE, WE MAY HAVE TO ASK FOR THESE REQUESTS IN THE BUDGET PROCESS, ALSO, THE PHASING OUT OF THOSE FADING STARS. AND SO IF THERE'S AN EVENT THAT WE NEED TO SUNSET, OKAY, WHAT CAN WE DO WITH THAT ADDITIONAL MONEY? CAN WE ENHANCE EXISTING OR CAN WE CREATE NEW, PERHAPS LIKE ONE OF THOSE RISING STARS? AND THEN LOOKING AT, UH, PARTIAL THIRD PARTY CONTRACTING. I, WE RECENTLY, UH, DID A PRESENTATION ON, UH, KYLE FAIR AND WE TALKED ABOUT MAYBE HIRING A FIRM TO MANAGE THE MUSICIANS TO FREE STAFF TO DO OTHER, UM, QUALITY, VALUE ADDED SERVICES FOR THAT EVENT. AND THEN, UH, WANTED TO TALK TO YOU GUYS ABOUT OUR NEW EXCITING RECREATION SOFTWARE, WHICH IS ALSO MAKING US MORE EFFICIENT, WHICH MEANS LESS OVERHEAD TIME, UM, THAT WE CAN FREE UP FOR OTHER SERVICES. SO THIS, UH, REC DESK LAUNCHED ON OCTOBER 12TH, AND SOME OF THE KEY FEATURES ARE ONLINE REGISTRATIONS. WHETHER YOU'RE A PARTICIPANT OR A A VENDOR, YOU CAN SIGN UP AND REGISTER ONLINE. YOU CAN, UH, STREAMLINE YOUR FAMILY. YOUR THE CUSTOMER CAN STREAMLINE THEIR BOOKING. SO YOU HAVE ALL OF YOUR BOOKING HISTORY, YOU DON'T HAVE TO REENTER INFORMATION, EVERYTHING IS STORED FOR YOU. MAKES IT QUICK, EASY AND EFFICIENT. THEN HAVING, UH, UH, ONLINE PAYMENTS AVAILABLE SO WE DON'T HAVE TO SPEND ALL THE ADMINISTRATIVE TIME DOING THE CASH HANDLING AND INTERNAL CONTROLS INVOLVED IN THAT. AS WELL. AS I, I MENTIONED THE VENDOR APPLICATIONS MAKE IT REALLY EASY. IT'S COMING SOON, BUT MAKE IT REALLY EASY FOR VENDORS TO SIGN UP FOR EVENTS LIKE MARKET DAYS AND THEN FOR VOLUNTEERS TO REGISTER. UM, WE WANT TO, I MEAN, VOLUNTEERING'S TOUGH ENOUGH AND IT'S IN, IN ITSELF, AND WE WANNA MAKE IT EASY FOR FOLKS TO PARTNER WITH THE CITY AND REC DESK ALLOWS US TO DO THAT. ALSO, THERE'S A TRANSPARENCY IN CALENDAR, SO IF YOU'RE NOT SURE IF THERE'S SOME KIND OF A CONFLICT OR IF THERE'S AVAILABILITY, THE CALEN THE ONLINE CALENDAR SAYS, HEY, THIS IS FREE ON THIS DAY, AND THERE'S NO QUESTIONS OR NEED TO CALL STAFF TO HELP, YOU KNOW, TO FILL THOSE CALLS. SO, YOU KNOW, IN SUMMARY, THIS IS REALLY, IT'S, IT'S A USER FRIENDLY SYSTEM AND IT'S EASY ON US. SO HERE'S JUST QUICK, A QUICK, UH, SOME SNIPPETS OF THE DASHBOARDS AND THE, UH, PUBLIC INTERFACE FOR REC DESK. IT'S NOT, IT'S NOT REALLY BUSY. IT'S VERY USER FRIENDLY AND STAFF IS VERY HAPPY ABOUT IT. AND SO ARE OUR CUSTOMERS. WE THINK, UH, WE HAVE SOME NEW EVENT PROGRAMMING PROGRAMS AND GOALS WITHIN EXISTING BUDGET. WE WANNA PARTNER WITH SOME LOCAL GROUPS THAT, UH, YOU, YOU ALL SEE LATER IN THE YEAR TO PROVIDE THINGS LIKE, UM, MAYBE SOCCER CLINICS. UM, WE WANT TO PROVIDE, UH, PARTNER WITH A GROUP THAT WILL HELP US ENHANCE OUR RECREATIONAL BASKETBALL PROGRAMMING. WE WANNA DO MORE WITH SENIOR PROGRAMS, UH, WITH MAYBE ADDITIONAL FREE TIME WITH THE CR BUILDING AND THE NEW REPUBLIC DRIVE BUILDING, OFFER MORE ARTS PROGRAMMING FROM PARKS AND REC ENHANCE OUR TEAM PROGRAMMING TEENS ARE REALLY HARD TO IMPACT, BUT WE HAD A LOT OF TEEN RESPONSES FROM OUR, OUR, UH, WE'RE GETTING THOSE FROM OUR PARKS SURVEY. AND SO WE'RE GONNA REALLY MENTION TO HEARING WHAT THE TEAMS WANT. IT'S, UH, AGAIN, IT'S A HARD GROUP TO, TO, UM, TO CONNECT WITH, BUT WE FEEL CONFIDENT THAT WE'RE GONNA BE ABLE TO PROVIDE WHAT THEY NEED. ALSO FOR HEROES MEMORIAL PARK, UH, AGAIN, YOU ALL WANTED US TO SEE WHAT [01:40:01] WE CAN DO MORE TO ENHANCE THIS GREAT SPACE TO HONOR OUR, OUR HEROES IN THE COMMUNITY AND THEIR LEGACIES. SO, UH, WE WANNA DO A MORE MEMORIAL DAY PROGRAMMING MOVING FORWARD. WE WANT TO FOCUS ON HEROES RECOGNITION PROGRAMS AND, UH, THIS IS, UH, INCLUDING BUT NOT LIMITED TO FIRST RESPONDER CANDLELIGHT EVENTS, HEROES BREAKFAST TYPE EVENTS. UH, AS I MENTIONED EARLIER, THE FLAG RETIREMENT CEREMONIES, IT'S THE, THE PARK IS DESIGNED AND BUILT TO HOST AND FACILITATE THESE TYPES OF EVENTS. AND WE FEEL LIKE WE SHOULD BE DOING A 9 1 1 REMEMBRANCE CEREMONY AS THE CITY OF KYLE, UH, TO REMEMBER OUR, OUR, THAT THAT EVENT AND OUR FALLEN HEROES AND ALSO MAYBE EXPANDING VETERAN STATE EVENT. RIGHT NOW WE HAVE THE PARADE, BUT MAYBE WE CAN HAVE SOME OVERFLOW TYPE EVENTS AT HEROES MEMORIAL PARK. OKAY. AND THEN AS MENTIONED EARLIER, CO-SPONSORSHIP WE'RE, WE'RE GETTING A LOT OF ADDITIONAL REQUESTS FOR THESE, AND WE'VE BEEN BRINGING THOSE IN IN RECENT MONTHS BY RESOLUTION, BY INDIVIDUAL PROJECT. BUT IT'S LIKE, HEY, WE HAVE THESE PERENNIAL PARTNERS, LET'S BRING THEM NEXT COUNCIL MEETING AS A, AS A BUNDLE ITEM FOR CONSIDERATION. THESE WOULD INCLUDE, UH, OUR PARTNERSHIPS WITH THE FIRE DEPARTMENT, ST. ANTHONY'S CT, KPD HATS OFF OUR VETERANS AND THE, UH, THE BOY SCOUTS AND THE LOCAL VETERANS GROUP FOR FLAG BURNING CEREMONIES. AND AT THIS TIME I'LL TAKE ANY QUESTIONS OR FEEDBACK FROM CITY COUNCIL AND IT'S A FLAG RETIREMENT CEREMONY, FLAG RETIREMENT CEREMONY. OKAY. GO. THANK YOU. YEAH, GO. WE'LL DEFINITELY GET A PHONE CALL ON THAT ONE, . THANK YOU. YOU'RE WELCOME. UH, ANYONE HAVE ANY QUESTIONS? COUNCILOR DON, BE, UH, GREAT. YEAH, GREAT IDEAS THAT WE'RE LOOKING AT, ESPECIALLY FOR THE HERO'S MEMORIAL, THAT HAS ALWAYS BEEN ONE OF THE THINGS THAT I'VE, UH, REALLY FEEL DEAR ABOUT. I KNOW A COUNCIL MEMBER, PARSLEY, SAME THING. UH, BUT JUST RIGHT OFF THE BAT TO ALL THE PARKS PEOPLE, CLAUDIA, AMY, SHEBA, BENITO, ALL YOUR CREW. OKAY, RACHEL AND LAUREN, EVERYBODY, THANK YOU. THANK YOU. THANK YOU FOR ALL YOUR HARD WORK ALL YEAR LONG. I'VE BEEN OUT THERE AND I SEE YOU GUYS RIDING AROUND ON THE FOUR WHEELERS WITH THE WALKIE TALKIES TRYING TO GET THINGS GOING AND THEY KNOCK IT OUT, DAVID, ESPECIALLY AT THE CHRISTMAS EVENT AND AT THE VETERANS AND AT THE SYNTAX FEST OVER THERE BACK IN MAY. AND RACHEL, YOU TWO, YOU GUYS REALLY, REALLY, IT'S TRUE. YOU GUYS ARE STRESSED. YOU'RE BURNED OUT. 'CAUSE I MEAN, THAT'S A LOT. SIX IN THE MORNING TILL ONE O'CLOCK AT NIGHT FOR THREE DAYS IN A ROW. THAT'S A LOT. SO THANK YOU FROM THE BOTTOM OF MY HEART OF EVERYTHING YOU GUYS DO. THANK YOU SO MUCH FOR ALL YOUR HARD WORK, UM, HEROES, MEMORIAL PARK. I, WE CAN GET SOME OF THOSE PROGRAMS GOING AGAIN. I KNOW I'VE ALSO LIKED TO TALK ABOUT LIKE, UH, DURING POLICE WEEK IN MAY SO WE COULD LOOK AT DOING SOMETHING THERE. I BROUGHT THAT UP TO THE CHIEF BEFORE. UH, IT'S GREAT THAT WE'RE LOOKING AT DOING, UH, MET MEMORIAL DAY AND VETERANS DAY EXPANSION, UH, ON, ON THAT AS WELL. AS FAR AS THE, UH, CO-SPONSORS, WE CAN JUST CONTINUE TO REACH OUT TO OTHER NONPROFIT GROUPS TO SEE IF WE CAN, THEY WANNA BE ABLE TO HELP OUT. I THINK WHEN WE HAVE THE BACKPACK EVENT, I KNOW ROBERT REZO WAS OUT THERE WITH COMMISSIONER COHEN. THEY'RE ALWAYS HELPING OUT WITH THE, THE KIWANIS AND THE CENTRAL TEXAS FOOD BANK. THOSE KIND OF EVENTS ARE, ARE THOSE TYPE OF PARTNERSHIPS THERE. VOLUNTEERING WAS GOOD. I LIKE TO, I SAW A BUNCH OF LAYMAN AND HIGH SCHOOL KIDS OUT THERE VOLUNTEERING AT THE HIGH SCH AT THE, UH, THE CHRISTMAS EVENT AND AT THE PARK KIDDO. YEAH. SO IT'S JUST BUILDING THOSE RELATIONSHIPS AGAIN WITH OUR SCHOOL DISTRICT AND THE, AND THE KAYAK GROUP AND, AND SO FORTH. BUT, UH, WE'RE, WE'RE DOING GREAT. AND, UH, WANT TO THANK ALL Y'ALL FOR Y'ALL'S HARD WORK, SO THANK YOU. MM-HMM, . ANYBODY ELSE? COUNCILOR PARSLEY. SO I AM ONE OF THOSE THAT COMPLAIN ABOUT THIS SYSTEM THAT WE HAD BEFORE IN ORDER TO DO REGISTRATIONS FOR ANY OF THE EVENTS. IT WAS A HEADACHE. AND THEN I'M ONE OF THOSE THAT I FORGET MY USERNAME ALL THE TIME UNLESS I USE THE SAME ONE FOR EVERYTHING. SO I, I JUST CHECKED OUT A NEW, UH, REC DESK AND IT'S VERY USER FRIENDLY. SO YOU TOOK THE WORD AWAY FROM ME WHEN I WAS LOOKING AT IT. I'M LIKE, THIS IS REALLY EASY TO USE. THE OTHER ONE. MM-HMM. SO MY QUESTION WAS GOING TO BE IF THE USER LOGIN WILL TRANSFER, BUT I SEE THAT IT DIDN'T, SO I JUST CREATED A NEW ACCOUNT IN LIKE TWO MINUTES. SO KUDOS. I'M VERY EXCITED, UM, TO BE ABLE TO USE THIS 'CAUSE IT WILL BE EASIER FOR EVERYONE WHEN THEY WANT TO REGISTER FOR SUMMER CAMP OR WHEN WE WANNA REGISTER FOR ANY OF THE EVENTS. SO, GOOD JOB. THANK YOU. THANK YOU. ANYBODY ELSE? COUNCILOR ZUNIGA? YES. I'M ALSO, UH, PLEASED TO SEE THE SOFTWARE UPDATE THAT WE'RE, I GUESS GONNA TRANSITION TO, UH, 'CAUSE AS COUNCIL MEMBER DANIELLA SAID, IT'S A WAS DIFFICULT TO, I GUESS TO REGISTER FOR SOMETHING AND ALSO WANT TO, UM, KIND OF ECHO THE SAME THINGS. UM, COUNCIL MEMBER TOBIA [01:45:01] SAID, UM, OUR PARKS EMPLOYEES, UM, PUT IN A LOT OF WORK. SO HOW CAN WE, 'CAUSE I NOTICED THAT THE CHRISTMAS LIGHTING, THERE WAS A LOT OF TEEN VOLUNTEERS, BUT HOW DO WE HELP PREVENT THEIR BURNOUT, UM, MOVING FORWARD? LIKE WHAT, WHAT, WHAT DO YOU HAVE IN MIND TO GIVE THEM, I GUESS, MORE HELP? UH, SO THAT THEY DON'T SPEND SO MANY HOURS AT THESE, AT OUR, UH, EVENTS SO THAT THEY HAVE THEIR RESTING TIME AS WELL. THANK YOU FOR THE QUESTION. WE'RE LOOKING AT MAKING SURE WE RIGHTSIZE OUR FTES TO SUPPORT THE AMOUNT OF EVENTS THAT WE, THAT WE HOST. AND SO YOU MAY SEE THAT COMING IN A FUTURE BUDGET ITEM. ALSO, AS YOU MENTIONED, CONTINUE TO, TO BOLSTER THAT WITH, UH, VOLUNTEERS. A LOT OF THESE STUDENTS NEED THOSE HOURS. A LOT OF PEOPLE WE'RE FINDING OUT WANT TO GET INVOLVED AND SO WE WANNA MAKE, WE WANT TO BE SOMEBODY WHO'S EASY TO PARTNER WITH. MM-HMM. . ALSO, WE'RE WORKING WITH THE, UH, CITY MANAGER AIMING RESOURCES TO GIVE SALARY STAFF WHO HAS TO WORK THROUGHOUT 25 DAYS OF CHRISTMAS AND TO LAUNCH THESE AND IMPLEMENT THESE BIG PRODUCTIONS TO GIVE THEM THE, THE PROPER TIME OFF SO THEY CAN GET THE REST THAT THEY NEED. WHEN, WHEN THESE EVENTS, THE EVENT SEASON SUBSIDES AND WHAT'S THE DIFFERENCE BETWEEN REC AND PARK HOURS? IT'S JUST, UH, THE, THE, THE CARES DIVISION, THE RECREATION SIDE, THOSE ONES WHO ARE COORDINATORS BY TITLE RECREATION MANAGERS AND THE PARKS TEAM WOULD BE LIKE YOUR PARKS, TRAILS AND BEAUTIFICATION CREWS WHO HELP SUPPORT AND SET UP AND OTHER, UH, OTHER EVENT DAY LOGISTICS. MM-HMM. . OKAY. THANK YOU DAVID. UH, THO THAT'S, THOSE ARE THE QUESTIONS I HAD HERE. YES, SIR. YOU'RE WELCOME COUNCILOR. JUST ONE MORE FOLLOW UP ON THE SOFTWARE. WILL, WHEN YOU SET UP YOUR ACCOUNT, LIKE LET'S SAY DANIELLA DID AND SHE REGISTERS HER KIDS TO DO AN EVENT, WILL THOSE AUTOMATICALLY SEND HER A NOTIFICATION NEXT SUMMER? LIKE, HEY, REGISTER NOW FOR SUMMER CAMP. YOU KNOW, UH, YOU KNOW, WE HAD YOU ON THE LIST OR WHATEVER. IS IT GONNA REMEMBER IN REAL TIME, LIKE ALL THEIR INFORMATION, ESPECIALLY IF THEY ATTENDED A READING STORY OR AN EVENT AT THE LIBRARY WHERE THEY HAD THE, THE, UH, WHAT DO YOU CALL IT, THE SNAKES EXHIBIT THAT COMES IN? THAT'S PRETTY COOL TO, WILL IT GIVE THOSE AUTOMATIC REMINDERS TO THE PARENTS OR TO THE RESIDENTS TO WHERE THEY CAN SIGN UP AGAIN OR KIND OF LIKE GIVES THEM A HEADS UP OF WHAT'S COMING UP NEW IT, IT WILL CAPTURE THE REGISTRATION HISTORY, SO THEY'LL BE ABLE TO TRACK EVERYTHING THEY'VE SIGNED UP FOR. BUT I DON'T THINK THAT IT, IT SENDS OUT NOTIFICATIONS THAT THERE'S AN UPCOMING EVENT. UM, THERE'S A LOT OF MODULES AND FEATURES OF THE SOFTWARE. IT'S SOMETHING WE CAN LOOK INTO JUST, BUT YOU CAN, YOU CAN, UH, SELECT TO RECEIVE TEXT NOTIFICATIONS. OH, OKAY. THERE YOU GO. BECAUSE I, I JUST CLICKED. ALRIGHT, PERFECT. THAT WAY COUNCILMAN PARSLEY MAY KNOW MORE ABOUT THIS. THERE YOU GO. SHE'S OUR TE SHE'S OUR TECHNIQUES. SO I, I STRUGGLE WITH THE, THE OTHER SYSTEM. I COMPLAIN ABOUT IT SEVERAL TIMES. IT GAVE ME HEADACHES. SO IT LOOKS, IT LOOKS VERY GOOD. YEAH. THANK YOU DAVID. I JUST WANNA FOLLOW UP BY, UH, R EVERYTHING SOMEBODY SAID, EVERYONE SAID ON THE DAIS, UH, YEAH, THANK YOU TO EVERYONE. I MEAN, UH, ALL OF THE PARK STAFF, ALL THOSE BOOTS ON THE GROUND THAT WERE OUT THERE PICKING UP TRASH, LITTER, I MEAN, THE PARK LOOKED GREAT EVEN THOUGH WE HAD THE AMOUNT OF PEOPLE THAT WE HAD DURING OUR LIGHTING OF THE TREE. I MEAN, THE PARK NEVER WAVERED. IT LOOKED AMAZING THE WHOLE TIME. SO STAFF DID A GREAT JOB AND, AND AND BEING ABLE TO MAINTAIN THAT, I MEAN, 'CAUSE THERE WAS A LOT OF PEOPLE THERE, A LOT OF FOOD, A LOT OF EVERYTHING. SO IT, THE PARK LOOKED AMAZING. UH, BUT, YOU KNOW, I'M REALLY EXCITED ABOUT THE SOFTWARE UPDATE. YOU KNOW, WE WERE HAVING THE SAME ISSUE WITH OUR PARKS, OUR BOARDS AND COMMISSIONS WERE, PEOPLE FELT LIKE THEY WERE FILLING OUT A RESUME TO JUST VOLUNTEER. AND, YOU KNOW, THE CITY DID DID A GREAT JOB ON, YOU KNOW, SIMPLIFYING THAT. WE'RE NOW APPLICATING HERE FOR MORE VOLUNTEERS. AS A VOLUNTEER, SOMEONE VOLUNTEERS IN THE COMMUNITY. I, I KNOW HOW CHALLENG IS WHEN YOU WANNA VOLUNTEER AND THEN HAVE TO JUMP THROUGH HOOPS, IT'S TOUGH. SO I'M, I'M GLAD THAT WE SIMPLIFIED THAT AND I'M LOOKING FORWARD TO PLAYING WITH THIS NEW SOFTWARE. I'M EXCITED. SO IT'LL BE GREAT. AND THEN SAVES SO MUCH STAFF TIME AND STAFF HAS SO MUCH TO DO ALREADY. SO ANYTIME WE CAN FIND WAYS OF SAVING TIME AND DO IT EFFICIENTLY, IT ALSO SAVES US MONEY. SO IT'S GREAT AS A CITY. UH, BUT YEAH, JUST, UH, THANK YOU. UH, THANK YOU. THIS IS, UH, I'M LOOKING FORWARD TO PLAYING WITH THE SOFTWARE, SO IT'D BE GREAT. THANK YOU MAYOR PROTON. I AM REALLY, I'VE SECOND EVERYTHING EV EVERYBODY HAS HAS SAID. I HAVE ENJOYED MY TIME ON THE PARKS BOARD AND WORKING WITH PARKS. IT'S, IT'S MY PASSION. UM, I'M REALLY LOOKING FORWARD TO OUR MASTER PLAN. UH, I'M LOOKING FORWARD TO HAVING A PLAN FOR THE OPTIMIZATION OF OUR PARKS. UH, FOR INSTANCE, LA VERDE IS SO UNDERUTILIZED AND I SEE BUTTA AMPHITHEATER HOLDING THESE EVENTS ONCE OR TWICE A WEEK OUT THERE AND I'M JUST JEALOUS . UM, SO I, I THINK THAT WE WILL COVER A LOT OF THAT IN THE MASTER PLAN TO LOOK AT WHAT'S UNDERUTILIZED, WHAT'S OVERUTILIZED, UM, WHAT WE NEED MORE OF. SO THAT WILL BE AN ASSET. [01:50:01] THANK YOU ALL. THANK YOU COUNCIL MEMBER. UH, NO MORE QUESTIONS. ALRIGHT, DAVID. THANK YOU. THANK YOU. APPRECIATE IT. UH, TONIGHT, ITEM NUMBER [14) Receive a report, hold a discussion, and provide staff direction on the relocation of the live oak tree on Old Stagecoach Road.] 14, RECEIVE A REPORT, HOLD A DISCUSSION AND PROVIDE STAFF DIRECTION ON THE RELOCATION OF THE LIVE OAK TREE ON OLD STAGE COACH ROAD. ARE WE GONNA PLAY THIS SONG, , MS. WHITES? SORRY. ANYWAY, I GOT A GUITAR AND COULDN'T SING. I DEFINITELY CANNOT DO A GOOD DOLLY PARTON IMPRESSION. GOOD EVENING AGAIN. MAYOR PRO TIM AND COUNCIL AMBER SMY, ASSISTANT CITY MANAGER FOR THE RECORD, THIS IS ABOUT OUR FRIEND, UH, NAMED JOLENE, THE LIVE OAK TREE ON OLD STAGE COACH ROAD. UM, JUST QUICK BACKGROUND. UM, WE KNOW THAT WE'VE BEEN PLANNING TO IMPROVE OLD STAGE COACH. UM, THERE'S A LARGE LIVE OAK THAT WE AFFECTIONATELY REFER TO AS JOLENE THAT SHE IS WITHIN SIX INCHES OF THE ROAD. UM, IT CURRENTLY RESTRICT RESTRICTS TRAFFIC FLOW AND IT CAUSES A PINCH POINT, UM, AS YOU'RE GOING AROUND THE CURVE THERE. AND BECAUSE OF THE PROXIMITY OF TO THE ROAD AND THE NEED TO EXPAND THE FUTURE OF THE TREES IN QUESTION. SO HERE'S A TIMELINE OVER, UH, STUDIES OF THE TREE THAT HAVE BEEN PERFORMED. IN 2020 ARBOR V UM, CONSULT PERFORMED A STUDY. AND THEN IN JANUARY, UM, 2024, UM, STAFF PRESENTED THE PROJECT RESULTING IN THE CITY COUNCIL APPROVAL OF THE RESOLUTION, ACKNOWLEDGING THE PROJECT, AND INCLUDED A DESIGN AND REMOVAL OF THE TREE. DISCUSSION ABOUT HER FUTURE CONTINUED AND IN APRIL, CITY COUNCIL REQUESTED THE STAFF EVALUATE THE POSSIBILITY OF MOVING AND TRANSPLANTING JOLENE. SO WE WENT ON AND ASKED FOR, UM, ADDITIONAL REPORTS ON THE TREE AND WE RECEIVED ONE FROM BARTLETT, AUSTIN TREE EXPERTS AND HERITAGE TREE CARE. WE, UM, STAFF EVALUATED A FEW LOCATIONS BASED ON DISTANCE ACCESS, UTILITIES, AVAILABLE SPACE AND SOIL CONDITIONS. AND THEN IN AUGUST WE PRESENTED THOSE RESULTS TO YOU AND THE POSSIBLE LOCATIONS OF, UM, THE TREE, UH, TO THE COUNCIL FOR DIRECTION. Y'ALL DECIDED ON THE LOCATION TO THE NORTH WITHIN THE CITY'S ACCESS AND MAINTENANCE EASEMENT ON THE SIXTH CREEK SUBDIVISION PROPERTY AND DIRECTED, UH, THE STAFF TO STUDY THE FEASIBILITY OF THIS LOCATION. AND SO HERE'S THE LOCATION THAT Y'ALL ALSO ELECTED FROM THE FOUR THAT WERE PROVIDED. SO WE CONTRACTED WITH ENVIRONMENTAL DESIGN TO ASSESS THE TRANSPLANT FEASIBILITY IN OCTOBER. AND UM, THE REPORT LOOKED AT THE ASSESSMENT OF THE TREE HEALTH, UM, THE ANALYSIS OF THE SITE, RELOCATION, METHODOLOGY, COST ESTIMATE, RISK ANALYSIS, DURATION, THEN IMPACT. AND SO THEY CAME BACK WITH A REPORT. THEY ASSESSED HER HEALTH AND THEY SAID SHE'S IN GOOD HEALTH. UM, THE SITE, THE, THE SOIL TYPE DRAINAGE ACCESSIBILITY ARE ALL FAVORABLE FOR THE PROPOSED LOCATION. THEY SUGGESTED AUTOMATED IRRIGATION AND THEN LONG-TERM MAINTENANCE, UM, FOR HER TO HAVE CONTINUED HEALTH AS RECOMMENDED. SO THE METHODOLOGY THAT THEY WOULD USE, UM, THEY WOULD, THEY WOULD TAKE OUT A ROOT BALL DIAMETER ESTIMATED AT 40 FEET. UM, THEY USE AN ARBOR LIFT TO MOVE THE TREE ONTO A GOOSENECK TRAILER AND THEN THEY UNLOAD USING THE SAME METHOD. THIS TRANSPLANT METHOD REQUIRES TEMPORARY REMOVAL OF THE GUARDRAIL ON THE WEST SIDE OF THE ROAD. ALTERNATIVE TRANS METHOD TO USE A SELF-PROPELLED MODULAR TRANSPORT, UM, WOULD COST ABOUT $220,000. SO THEY WON'T KNOW UNTIL THEY GET THE ROOT VAULT AND LOOK AT IT IF, IF THAT'S WHAT THEY NEED TO DO. AND THEN THEY SUGGESTED A TEMPORARY ONE-WAY ROAD WITH ALTERNATING LIGHTS AT EACH END. BUT, UM, STAFF IS NOT RECOMMENDING THIS, UM, TEMPORARY ONE-WAY ROAD. WE RECOMMEND FULL ROAD CLOSURE BECAUSE OF THE SAFETY. SO HERE'S WHAT THE ARBOR LIFT, UM, LOOKS LIKE. HERE'S WHAT THEY'VE DONE IN OTHER PROJECTS. HERE'S THE RELOCATION PLAN. SO, SO WE'RE, THE YELLOW INDICATES WHERE WE WOULD HAVE TO TAKE OUT, UH, THE PAVEMENT, UM, TO, TO REMOVE HER. UM, THEY IDENTIFIED THREE TREE MODS, UM, TO SEVERELY PRUNE OR REMOVE FOR THE RELOCATION SO WE CAN MOVE HER DOWN THE ROAD. UM, HOWEVER, THEY WILL LIKELY BE MOVE REMOVED ULTIMATELY DURING CONSTRUCTION OF THE VIBE. UM, FOR THE OLD STAGE COACH, UM, PROJECT, THE COST ESTIMATE THAT THEY PROVIDED DID NOT INCLUDE RIGHT-OF-WAY, MANAGEMENT PERMITTING, TEMPORARY ROAD CONSTRUCTION WITH DRAINAGE, TEMPORARY GUARDRAIL, REMOVERS, SAFETY MEASURE MEASURES, EXCUSE ME. UM, ROCK EXCAVATION AND ROCK HAMMERING. UM, WE DID COME BACK AND ASK FOR AN ESTIMATE ON THAT AND IT WAS $90,000. WE DO HAVE EXPERIENCE WITH HITTING ROCK. IT'S ON THE WEST SIDE [01:55:01] OF I 35 AND UM, TWO OTHER PROJECTS WE'VE HIT ROCK OVER THERE. SO WE DID ASK FOR THAT. AND THEN THE PRUNING AND OR REMOVAL OF THE EXISTING TREES. SO FOR THEM TO MOVE HER, UM, IT'S JUST SHY OF $500,000, IT WILL TAKE A HUNDRED DAYS TOTAL. UM, THEY HAVE TO PREP AND, UM, DO THE ROOT PRUNING AND PRUNING OF THE EXISTING TREES. ALL OF THIS SHOULD BE PERFORMED PRIOR TO FEBRUARY 1ST TO AVOID THE ALT SEASON, WHICH IS WHY WE'RE RUSHING TO BRING THIS HERE TO YOU TONIGHT. UM, ADDITIONAL IMPACTS TO CONSIDER. SO THIS IS THE DETOUR THAT OUR STAFF IS, UM, IS RECOMMENDING THE BLUE AREAS IS HER PATHWAY, UM, TO HER NEW LOCATION. AND WE WOULD ROUTE, UM, THE TRAFFIC FROM SIX CREEKS BOULEVARD TO BLANCO WAY TO ALLEGHENY WAY TO CYPRESS FOREST DRIVE. WE PROPOSED THIS ROUTE BECAUSE IT'S, IT'S A BIG ENOUGH ROAD TO, UH, ACCOMMODATE THE HEAVY TRUCK TRAFFIC, UM, THAT WILL BE, THAT USES OLD STAGE COACH ROAD EVERY DAY. UM, THERE IT IS A HIGHLY TRAVELED ROAD. IT'S JUST SHY OF 6,000 VEHICLES A DAY COMING DOWN THIS ROAD. UM, IT WILL PUT A SIGNIFICANT AMOUNT OF TRAFFIC ON THE DETOUR ROUTE IN THE SIX CREEK SUBDIVISION, AND THEN DURATION OF THE REQUIRED DETOURS EXPECTED FOUR TO FIVE WEEKS OR LONGER BASED ON THE EXCAVATION NEEDS OR PRUNING. AND THIS IS TO TAKE OUT THE ROAD AND THEN PUT THE ROAD BACK. SO, ADDITIONAL IMPACTS, WE GOT AN ESTIMATE, UM, FOR THE RESTORATION OF THE ROAD. THIS WOULD BE IF WE HAD A CONTRACTOR PERFORM. UM, THE WORK IS ESTIMATED AT JUST SHY OF $130,000. AND THEN AGAIN, THE ROCK DRILLING WAS ESTIMATED AT 90,000 ADDITIONAL IMPACTS. UM, WE HAD THE WATER UTILITY TEAM TAKE A LOOK AT THIS AND THEY SUGGESTED THAT THERE'S A 12 INCH WATER LINE ALONG THE EAST SIDE OF THE ROAD. IT NEEDS TO BE ISOLATED AND TURNED OFF DURING REMOVAL OF THE TREE, AND IT WOULD NOT DISRUPT ANY WATER SERVICE. HOWEVER, WHEN WE GO TO REPLANT THE TREE, THERE'S AN EIGHT INCH WATER MAIN ALONG COYOTE CREEK WAY, AND IT WILL NEED TO BE SHUT OFF. ISOLATING THIS LINE WILL CAUSE DISRUPTION OF WATER SERVICE FOR APPROXIMATELY 14 HOMES. TO MINIMIZE DISRUPTION, WE'RE GONNA ADD A VALVE AND IT WOULD BE INSTALLED NEAR THE CUL-DE-SAC ON COYOTE CREEK WAY. THIS WILL COST ABOUT $5,000 IN MATERIALS AND REDUCE DISRUPTION OF SERVICE TO A FEW HOURS FOR THE 14 HOMES. SO IN SUMMARY, THE TOTAL COST COULD BE A MINIMUM OF, OF $730,000. AGAIN, THE RELOCATION IS $499,000. WE TOOK IN THE LOWER, UM, TRANSPORTER METHOD IN THE 4 99. UM, THE ROAD RESTORATION COSTS AT 129,000. OUR NEW VALVE AT $5,000 ROCK DRILLING AT $90,000. AND THEN A WATER IMPACT FEE METER COSTS ABOUT $6,000. ADDITIONAL IMPACTS WOULD BE THE TRAFFIC DETOUR AND ROAD CLOSURE DISRUPTION OF WATER SERVICE FOR THE 14 HOMES, WATER SERVICE DURING RESTRICTIONS AND AFTERCARE OF JOLENE, JOLENE, AND THEN HER CHANCE OF SURVIVAL. ALL THINGS FOR YOU ALL TO CONSIDER TONIGHT. HERE ARE SOME OF THE OPTIONS THAT WE CAME UP WITH. UM, YOU COULD DIRECT STAFF TO MOVE FORWARD WITH THE BIDDING OF THE TREE TRANSPLANT. YOU COULD CHOOSE NOT TO MOVE FORWARD WITH RELOCATION EFFORTS AND ALLOW TREE REMOVAL TO PROCEED. YOU COULD, UM, ASK FOR A DEVELOPMENT OF AN ARTISTIC PIECE OR MARKER PLACED NEAR HER CURRENT LOCATION TO IDENTIFY AND DESCRIBE THE CULTURAL SIGNIFICANCE OF THE LOCATION OF THE TREE AND OF JOLENE TO KYLE. YOU COULD PLANT TREES OR ACQUIRE LAND FOR LONG-TERM CONSERVATION AND ECOLOGICAL SERVICES AND ANYTHING OTHER THAT Y'ALL WOULD LIKE TO COME UP WITH. AND SO I'M HERE FOR FEEDBACK AND QUESTIONS. ANY QUESTIONS? COUNCIL MEMBER? YEAH. I HAD KIND OF A STATEMENT RATHER THAN A QUESTION. UM, I PROMISE TO KEEP IT AT THREE MINUTES OR LESS. WHAT IS KNOWN AS OLD STAGE COACH ROAD HAS A LONG HISTORY BEGINNING WITH THE INDIGENOUS GROUPS FOLLOWING GAME MIGRATIONS AND WATER SOURCES. IN 1691, WHAT BECAME KNOWN AS THE UPPER ROUTE OF THE CAMINO DE CAMINO REAL WAS FIRST USED BY SPANIARDS AND MISSIONARIES AS EARLY AS 1691. IN THE MID 18 HUNDREDS STAGE COACHES BEGAN USING THIS WEALTH TRAVEL ROAD. IT IS LIKELY THAT THE LIVE OAK TREE WE ARE DISCUSSING HAS BEEN WITNESS TO IT ALL, TO ALL OF THESE TRAVELERS. HOW MANY HISTORICAL SITES STATING FROM BEFORE 1691 DO WE HAVE IN KYLE? NONE THAT I'M AWARE OF. THIS TREE HAS SEEN THEM ALL COME AND GO. IT HAS PROVIDED A WAY MARKER AND RESTING PLACE FOR TRAVELERS ALL THESE YEARS. IT IS NOW IN JEOPARDY FROM THE NEEDS OF OUR OWN EXPANDING COMMUNITY. IF THIS HISTORIC [02:00:01] 400 YEAR OLD TREE HAD BEEN PROPERLY CONSIDERED WHEN THE ROUTE BY IT WAS PAVED AND DEVELOPED AND DEVELOPMENT WAS ALLOWED TO ENCROACH ON IT AND ALL SIDES, WE WOULD NOT BE LOOKING AT A LARGE BILL TO RELOCATED. WE HAVE FEWER AND FEWER PIECES OF HISTORY LEFT IN KYLE. SO MANY OF KYLE'S HISTORIC BUILDINGS HAVE BEEN NEGLECTED AND ABANDONED AND HAVE COMPLETELY DETERIORATED. SO FEW STILL STAND PROUDLY TO SPEAK OF THIS COMMUNITY'S HISTORY. WE DO WHAT WE CAN CAN TO PRESERVE AS MUCH AS POSSIBLE. I'M ASKING FOR THE CON SAME CONSIDERATION FOR ONE OF THE MOST HISTORIC ASSETS IN KYLE. IT HAS PROUDLY WEATHERED SO MUCH, INCLUDING VEHICLES CRASHING INTO IT AND HAS CONTINUED TO THRIVE AND PROVIDE SHADE AND OXYGEN AND SEQUESTER CARBON. IT IS IN DANGER ONLY DUE TO THE DEGREE OF DEVELOPERS AND THE LACK OF CARING OF OUR COUNTY AND CITY GOVERNMENTS. IT IS A LIVING TRIBUTE TO THE TENACITY AND HISTORY OF THIS REGION. WE HAVE LITTLE OF THAT TO CALL ON. LET'S NOT DESTROY THIS AMAZING TREE. A TRUE LANDMARK OF OUR HISTORY. A GOOD PORTION OF THE COST OF THIS PROJECT IS ACTUALLY TO DEMOLISH AND REBUILD THE ROAD. TO ME, IT WOULD MAKE SENSE TO MOVE THE TREE JUST BEFORE THAT SEGMENT OF THE ROAD BONDS PROJECT STARTS, RATHER THAN HAVING TO REMOVE AND REBUILD THE ROAD. UH, IN FACT, RELOCATION OF THIS TREE SHOULD HAVE BEEN INCLUDED IN THE ROAD. BOND FUNDING SHOULD COME FROM THE ROAD BOND CONTINGENCY FUND. THANKS. ANYONE ELSE? DISCUSSION COUNCIL MAYOR HEISER? YEAH. UM, YOU KNOW, I, I KNOW THAT THIS HAS BEEN A, A TOPIC FOR DEBATE FOR QUITE A LONG TIME, AND I'VE HEARD FROM A LOT OF PEOPLE ABOUT THE SIGNIFICANCE. AND COUNCIL MEMBER HARRIS JUST SPOKE ON IT. UM, THE ONE THING THAT I REALLY, OUTSIDE OF THE COST HAVE A HARD TIME SHAKING IS THE FACT THAT WE'RE GONNA CLOSE DOWN A MAJOR ROAD, UM, FOR AT LEAST FOUR TO FIVE WEEKS IS WHAT IT SAID, WHICH COULD BE LONGER. AND WE DON'T KNOW. UH, TO ME THAT'S SOMETHING THAT I REALLY HAVE A HARD TIME JUSTIFYING WHEN IT'S 6,000 CARS DRIVING UP AND DOWN THAT STREET COUNCIL. REMEMBER WE DID THAT TO DO, UH, SEWAGE AND WATER LINES DOWN THAT SAME ROAD FOR MONTHS? COUNCILMAN OURS. WAIT TIME YOUR TIME. SORRY. SORRY. THANK YOU. THOSE ARE COUNCILOR HEER. YOU ON THE FLOOR? YEAH. UM, I, I DON'T, I DON'T THINK THERE'S A POPULAR WAY TO VOTE ON THIS ONE, SO, UH, THAT'S JUST MY TAKES. I FIGURED I'D JUST LET EVERYONE KNOW. SO I BE MAD. BE, YOU KNOW, YOU CAN BE MAD AT ME. YES. UH, I DO. I DEFINITELY UNDERSTAND THE HISTORY AND I CAN SYMPATHIZE WITH, UH, YOU KNOW, THE TREE. UM, I'VE ALWAYS CARED DEEPLY ABOUT THE ENVIRONMENT AND, UM, BUT I ALSO THINK NUMBER FOUR OPTION LOOKS LIKE A STATISTICALLY BETTER OPTION BECAUSE YOU HAVE NEWER TREES THAT YOU COULD GROW AND YOU KNOW THAT THEY'RE GONNA HAVE LONG-TERM VALUE TO PROVIDE SHADE IN MANY OTHER AREAS. AND I WANNA DO WHAT'S BEST FINANCIALLY. AND I DON'T THINK THAT, UH, MOVING THE TREE, UM, GIVES US A GOOD, FINE, UM, STATISTICAL CHANCE THAT IT'LL SURVIVE. UM, SO I, I THINK THAT WE HAVE TO BE, UM, RESPONSIBLE WITH ANY TAX DOLLARS FROM ANY ROAD BOND. AND THE CONTINGENCY IS ALREADY IN THE RED AND WE'RE BUYING MORE AND MORE, UM, YOU KNOW, EASEMENTS THAT WE NEED. SO, UM, THE, THE SAFE, THE SAFE PATH IS TO BUY, BUY MORE YOUNGER TREES AND SPREAD THEM OUT AND, AND YOU'RE STILL BENEFITING THE ENVIRONMENT IN THAT WAY. AND THEN WE CAN DO SOMETHING TO HONOR THIS, THIS TREE THAT DOES HAVE TO BE REMOVED IN SOME OTHER, UM, WAY. THOSE WOULD BE MY THOUGHTS. CUSTOMER PARSLEY. I WILL VOTE FOR OPTION TWO, THREE, AND FOUR. SO DO NOT MOVE FORWARD WITH RELOCATION. I THINK THAT WE SHOULD DEFINITELY DO SOME ARTISTIC PIECES OUT OF THE TREE BECAUSE OF THE HISTORY IT HAS AND DEFINITELY USE THE SAME FUNDS. I MEAN, NOT EVEN USING THE SAME FUNDS, BUT I WILL BE, UM, IN FAVOR OF PLANTING NEW TREES, THE RIGHT LOCATIONS THAT WILL NOT HAVE TO BE REMOVED IN 120 YEARS. ANYBODY ELSE? ALRIGHT, [02:05:01] WELL, THIS IS A TOUGH ONE. UM, HONESTLY, OVER A YEAR AGO, TWO YEARS AGO WHEN WE WERE TALKING ABOUT THIS TREE, I WAS PROBABLY READY TO GO CUT THE STREET DOWN MYSELF. YOU KNOW, IT IT, BECAUSE I'VE BEEN DRIVING AROUND IT MY ENTIRE LIFE. I MEAN, UH, MANY OF THE OLD RESIDENTS HERE IN KYLE DON'T REALLY CARE TO DRIVE AROUND THAT TREE ANYMORE. SO WE'VE BEEN DRIVING AROUND OUR WHOLE LIVES. UM, BUT YOU KNOW, THE MORE I THINK ABOUT IT, AND I THINK ABOUT SOME OF THE PRESERVATION THAT I, I'VE WORKED ON NOW BEING A PART OF THE HAYES COUNTY HISTORICAL COMMISSION, I'M STARTING TO GET A DEEPER UNDERSTANDING OF HOW IMPORTANT IT'S TO PRESERVE OUR HISTORY. STARTING WITH THE OLD, WELL THAT'S ON STAGECOACH, WHERE WE HAD STATE, UH, STAGE COACHES, WE HAD MILITARY PEOPLE COMING BY TO WATER THEIR HORSES. THEY WERE, YOU KNOW, THERE'S A LOT OF HISTORY UP ON STAGE COACH, YOU KNOW, WHEN PEOPLE THINK ABOUT KYLE, PEOPLE THINK ABOUT THE WATER TOWER, BUT REALLY THINK ABOUT STAGE COACH ROAD. WHY THE SIGNIFICANCE OF THAT IS, I MEAN, IT WAS A, IT WAS PART OF THE CAMINO REAL. IT'S A REASON THAT WE HAVE A KYLE, WHY WE HAVE BUDDA, WHY WE HAVE MOUNTAIN CITY. MOUNT CITY WAS HERE BEFORE US. BUT THERE'S A, THERE'S A PART OF HISTORY THAT THIS TREE HAS SEEN AND IT HAS WEATHERED A STORM. THINK ABOUT HOW OLD 400 YEARS IS AND HOW MANY STORMS HAS HAD TO WEATHER, HOW MUCH IT'S HAD TO OVERCOME TO MAKE IT TO 400 YEARS. YOU KNOW, IT'S, UH, FOR ME, YOU KNOW, I'VE, I'VE DEFINITELY HAD A CHANGE OF HEART ON THIS. UH, IF THERE'S A CHANCE TO MOVE THIS TREE, IT'S NOT GONNA BE THE POPULAR VOTE, BUT SOMETIMES WE DON'T MAKE THE POPULAR VOTE. WE MAKE THE RIGHT VOTE. AND PRESERVING HISTORY AND PRESERVING, YOU KNOW, PART OF KYLE, THIS TREE IS KYLE, YOU KNOW, UM, A LOT OF PEOPLE DON'T KNOW WHAT THE HISTORY IS, BUT IT'S ABOUT BEING A PART OF THE CAMINO REAL BEING A BEING IN THE AREA OF STAGECOACH WHERE STAGE COACHES USED TO RUN BACK AND FORTH AND CARRY OUR CITIZENS. UM, I MEAN, I I JUST KEEP THINKING ABOUT, YOU KNOW, THE HISTORICAL SIGNIFICANCE AND ALL THE HISTORY THIS TREE HAS, HAS SEEN, AND IT'S STILL GONNA SEE MORE IF, IF WE DO THIS RIGHT. UM, THIS, THIS IS PROBABLY DIFFICULT VOTE FOR COUNCIL. I UNDERSTAND THAT IT'S NOT ALWAYS A POPULAR VOTE TO TAKE THE HARD VOTE. UH, BUT FOR ME, I, I I THINK THAT PRESERVING A PART OF KYLE'S HISTORY IS REALLY IMPORTANT, ESPECIALLY 'CAUSE I'VE BEEN BORN AND RAISED HERE. I MEAN, FOUR GENERATIONS. I MEAN, THAT'S, THAT'S A LONG TIME. I MEAN, SO, UH, I MEAN, FOR MY FAMILY TO BE HERE AND THIS TREE HAS SEEN EVERYBODY IN MY FAMILY GROW UP HERE. SO, UH, IT'S, UH, UM, I, I KIND OF THINK WE, WE, WE OWE IT A CHANCE TO SURVIVE. AND I KNOW THE COST IS BIG, BUT I'M HOPING WE CAN FIND SOME PARTNERS. IT'D BE GREAT IF THE COUNTY WOULD, WE'D REACH OUT TO THE COUNTY. MAYBE THEY WOULD LIKE TO COME OUT AND HELP US AS WELL WITH SOME OF THE COSTS. UM, REACH OUT TO SOME OF OUR STATE LEGISLATURES. I MEAN, THERE'S, THERE'S OTHER DOLLARS THAT ARE OUT THERE WE COULD CHASE. I MEAN, LET'S TRY TO, LET'S, LET'S NOT EXPLORE EVERY AAV AVENUE TO TRY TO PRESERVE THIS TREE. I MEAN, IF IT'S, IF IT'S IMPORTANT, IT'S, IT'S AN IMPORTANT PIECE OF HISTORY FOR KYLE. AND, UH, AS, AS YOU KNOW, SEVERAL COUNCIL MEMBERS HAVE STATED, THERE'S THINGS IN HERE IN KYLE THAT HAVE ALREADY, WE'VE LOST. AND I'M THINKING THAT WE, UH, THIS IS ONE OF THOSE THINGS THAT WE CAN PROBABLY, UH, HOLD ONTO A LITTLE BIT LONGER IF WE DO IT RIGHT. SO, UH, JUST MY SPIEL, ANY MOTIONS? CAN I, CAN I ASK BRIAN WHY NO OTHER ORGANIZATIONS HAVE COME UP? I THINK, UM, THIS CONVERSATION WAS HAD, UH, WHERE MAYOR PROTE RIZZO DID ASK IF THERE WAS A WAY TO PARTNER WITH HISTORIC COMMISSIONS OR THE COUNTY. WHY IS THE DOLLAR ARE THE DOLLARS NOT BEING BROUGHT UP TO SHARE THE COST? BECAUSE IT'S NOT, IT'S ALSO NOT, NOT, YOU HAVE TO BE FINANCIALLY RESPONSIBLE WITH ALMOST A MILLION DOLLARS FOR A VERY SMALL CHANCE. THIS IS NOT EVEN A 50 50 CHANCE. UM, SO I WANNA MAKE SURE WE'RE, WE'RE, WE'RE DOING, WE'RE MAKING A SMART MOVE AS WELL. UM, THIS IS OUR TREE. CAN I SAY SOMETHING? IT'S ON OUR LAND IN OUR CITY, RIGHT? BUT THERE, WHY DO WE EXPECT OTHER PEOPLE TO COME IN AND BAIL US OUT ON THE COST? WE'VE ALREADY ASKED FOR IT ONCE AND WE'RE ASKING FOR IT AGAIN TO, UH, TO GET DOLLARS FROM THE COUNTY OR OTHER ORGANIZATIONS. AND I THINK THAT YOU'RE, YOU'RE GIVING FALSE HOPE, MR. RIZZO. IF, IF, IF NO MONEY'S COMING, THEN THIS IS THE DECISION. I'M, I'M NOT GIVING FALSE HOPE. I'M, WHAT I'M DOING IS WHY ARE WE HAVING THESE CONVERSATIONS? WHY WE'RE NOT ASKING OTHER NEEDS TO COME IN TO HELP US. SO MR. BRIAN, ANSWER THE QUESTION. WELL, I, I THINK THE, THE, THE FIRST THING FOR US WAS TO UNDERSTAND WHAT THE REAL COST WAS. WE, WE CAME FORWARD A FEW MONTHS AGO AND WE HAD SOME BASIC IDEAS. WE WANTED TO TALK ABOUT [02:10:01] LOCATION. THE COUNCIL, UH, DECIDED TO GO WITH THE LOCATION THAT AMBER HAD POINTED OUT, AND WE HAD TO DO SOME FEASIBILITY ON WHAT IT WOULD TAKE TO MOVE THE TREE THERE. WOULD IT EVEN BE SUCCESSFUL TO BE MOVED THERE? AND SO THAT WAS, THAT'S REALLY WHERE WE ARE. AND WE WANTED TO MAKE SURE YOU UNDERSTOOD THE COST, THE OPERATIONAL IMPACT, THE, UM, IMPACT TO THE SURROUNDING AREAS OF HOW YOU HAVE TO REMOVE THE TREES, THE ROAD CLOSING THE ROAD THERE. THERE'S MORE THAN JUST THE COST AT STAKE. THERE'S A LOT OF OTHER FACTORS THAT WE WANTED TO YOU TO UNDERSTAND. AND THE, THE SURVIVABILITY OF THE TREE, IT'S, IT'S CERTAINLY NOT A HUNDRED PERCENT. UM, I, I DON'T KNOW WHAT THAT PERCENTAGE WAS FROM THE ARBORISTS, BUT, UH, THERE'S A CHANCE IT COULD SURVIVE. THERE'S A CHANCE IT COULD NOT. AND WE WANTED YOU TO HEAR ALL OF THAT INFORMATION AND FOR YOU TO DECIDE HOW YOU WANT TO PROCEED. IF YOU DECIDE THAT YOU WANT TO PROCEED WITH BIDDING THIS PROJECT, WE CAN CERTAINLY REACH OUT TO PARTNERS TO SEE IF THERE ARE ANY GRANT FUNDING FOR THAT. UM, WE'LL BE GLAD TO DO THAT. BUT I, I THINK THERE'S A, A BIGGER POLICY QUESTION AT STAKE, HONESTLY, FOR YOU OF, OF WHETHER OR NOT YOU REALLY WANT TO MOVE THE TREE WITH ALL OF THOSE OTHER FACTORS INVOLVED. THAT'S HOW WE SEE IT. WE'RE CERTAINLY WILLING TO GO OUT AND, AND ASK THOSE QUESTIONS, BUT WE, WE REALLY NEEDED TO HAVE A PLAN TO GO OUT TO, UH, TO STAKEHOLDERS AND ASK FOR FUNDING. AND, AND THAT'S, I BELIEVE THAT'S WHAT YOU HAVE IN FRONT OF YOU. ANYBODY ELSE? YOU GUYS, THIS IS LIKE LEY. THANK YOU. EXTENDING THAT. LIKE, JUST RIP THE BANDAID. EVENTUALLY SOMEBODY'S GONNA BE CHOPPING THAT TREE. IF YOU GUYS DO THE, GO AHEAD AND MOVE THE TREE, LIKE BRIAN WAS SAYING, WHAT IS THE, UM, WHAT IS THE SURVIVAL, YOU KNOW, PROBABILITIES FOR DISTRICT? IS IT GOING TO WORK? WHAT IF YOU END UP SPENDING SIX, $700,000 AND THE TREE ENDS UP DYING, SO JUST FLUSH DOWN THE DRAIN. WE WERE JUST ARGUING ABOUT THE HAULING OF SOME TRASH FOR 200 SOMETHING AND NOW WE ARE, YOU KNOW, JUST DUMPING $700,000 FOR A TREE THAT PROBABLY WILL DIE BECAUSE FOUR OR FIVE YEARS AGO WHEN THERE WAS ANOTHER STUDY DONE IN THE STREET, IT WAS DEEMED TO NOT SURVIVE BECAUSE IT WAS SICK. NOW WE GOT NEW, UM, BITS ON, LIKE WHAT THE SITUATION FOR THE TREE WAS TRYING TO LOOK FOR, WHICH ONE IS GOING TO GIVE ME HOPE, WHICH IS FALSE HOPE. SO I, AND I UNDERSTAND THE SENTIMENT BEHIND THE HISTORY, BUT LIKE I SAID IT LAST TIME, YOU GUYS ARE NOT UNDER THAT TREE READING EVERY DAY. AND WHEN YOU MOVES THE, WHEN YOU GUYS MOVE THE TREE, IT'S NOT GOING TO HAPPEN. JUST SO YOU CAN DRIVE BY AND LOOK AT IT EVERY DAY AND SAY, THERE GOES MY $700,000 AND THE TREE THAT PROBABLY IS GOING TO DIE. COUNCIL MEMBER HARRIS. WELL, I DON'T THINK IT'S FALSE HOPE AT ALL. I THINK THAT THE, THE EVALUATION, THIS LAST EVALUATION SAID THAT IT HAD A HIGH PROB PROBABILITY OF SUCCESS IN MOVING AND LIVING, UM, PROBABLY FOR ANOTHER COUPLE OR 300 YEARS. UM, I DO BELIEVE THAT IT IS A SIGNIFICANT ASSET TO OUR COMMUNITIES. IT IS A HISTORIC, UH, ASSET TO OUR COMMUNITY. UM, AND IT'S NOT UNUSUAL TO SEE TREES THIS SIZE BE MOVED, UH, WHEN IT'S IMPERATIVE THAT THEY BE MOVED. AND IT'S OUR FAULT THAT THIS TREE HAS TO BE MOVED. IT HAS SAT THERE FOR 400 YEARS AND THE COUNTY BUILT A ROAD UP TO ITS ROOTS. SO IT'S OUR FAULT THAT THAT HAS HAPPENED. UM, IT'S COMMON TO MOVE THESE TREES. THEY HAVE A FAIRLY HIGH SUCCESS RATE, 75 TO 98% GENERALLY, BUT NOBODY CAN SAY FOR SURE WHETHER WHAT THAT WILL BE. UM, YOU KNOW, WE, WE DO SPEND A LOT OF MONEY IN THE CITY OF KYLE ON THINGS, A LOT OF MONEY ON ROADS. THIS IS A HUGE ROAD BOND FOR STAGECOACH. UM, AND THE 700 DO $700,000 IS NOT A DROP IN THE BUCKET. IT'S A SIGNIFICANT AMOUNT, BUT IT'S ALSO AN AMOUNT THAT WE ARE NOT, IT'S NOT UNUSUAL FOR THIS COUNCIL TO BE ALLOCATING FOR VARIOUS PROJECTS. AND THIS DOES THE, THE, THE INITIAL EVALUATION ON THIS TREE. ONE OF THE REASONS THAT I ASKED TO HAVE IT REEVALUATED, THERE WAS ONLY ONE EVALUATION. UM, AND WHEN I LOOKED AT THE TREE, NOT BEING AN ARBORIST, BUT WHEN, BUT BEING A MASTER NATURALIST LOOKED AT THE TREE AND WENT THAT TREE'S NOT SICK. UH, THAT TREE'S VIABLE, THAT TREE COULD BE SAVED. UM, AND WE HAD ONE THAT SAID IT WAS SICK AND IN POOR CONDITION. AND WE NOW HAVE FOUR, FOUR OTHERS THAT SAY IT IS NOT SICK. IT IS IN FAIR TO GOOD CONDITION AND CAN BE MOVED. SO I THINK THAT WE'VE DONE DUE DILIGENCE, UM, ON THIS TREE. I THINK THAT IT CAN BE MOVED. I THINK IT CAN BE BE MOVED SUCCESSFULLY. UM, AND I THINK THAT, UH, WE WILL RETAIN A SIGNIFICANT HISTORICAL ASSET [02:15:01] ON MOVING IT. ANY DISCUSSION, ANY MOTIONS? I'D LIKE TO MOVE THAT WE, UM, ACCEPT, UH, OPTION ONE, DIRECT THE STAFF TO MOVE FORWARD WITH BIDDING THE TREE TRANSPLANT. DO WE HAVE A SECOND? I'LL SECOND IT. ALL THOSE IN FAVOR SAY AYE. AYE. UH, ALL THOSE OPPOSED? NAY, NAY, NAY. MOTION FAILS. 42. I'D LIKE TO MAKE A MOTION. MAYOR PRO TEMP THAT WE MOVE WITH A COMBINATION OF OPTION THREE AND FOUR. SECOND, WE HAVE A MOTION, WE HAVE A SECOND TO GO WITH A COMBINATION OF OPTIONS THREE AND FOUR. IS, IS THAT CLEAR ENOUGH, BRIAN, FOR DIRECTION? YES. I THINK WE'LL HAVE TO BRING BACK, UM, SOME, IF THE, IF THE COUNCIL VOTES IN THAT DIRECTION, HERE ARE WHERE SOME PLANT PLANTINGS COULD BE DONE, POTENTIALLY LAND THAT COULD BE ACQUIRED. UM, THE ARTISTIC PIECE. WE COULD GIVE YOU SOME OPTIONS AND COME BACK AND TRY TO EXPLORE THOSE A LITTLE BIT MORE. WE DON'T HAVE THOSE SPECIFIC, SO IT, WE WILL HAVE TO COME BACK AS SOME DETAILS FOR YOU. AND YOU'D HAVE TO VOTE ON ANY CONTRACTS FOR THAT. OKAY. WE HAVE A MOTION, WE HAVE A SECOND. DO WE HAVE ANY MORE DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED? NAY, NAY. MOTION PASSES FORWARD TO. ALL RIGHT. AGENDA [15) Receive a report, hold a discussion and provide staff direction regarding the National Fitness Court for Lake Kyle Park.] ITEM NUMBER 15, RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION REGARDING THE NATIONAL FITNESS COURT FOR LAKE KYLE PARK. ALL RIGHT, I'M GONNA BE DISCUSSING THE NATIONAL FITNESS COURT HENCEFORTH, UH, IDENTIFIED AS THE NFC. A QUICK OVERVIEW. WE'RE GONNA GIVE A HISTORY ON THE PROJECT, UH, A DESCRIPTION, HOW AND WHY WE SELECTED THE LOCATION, THE AN ART COMPONENT, UH, PROPOSE NEXT STEPS AND WE'LL BE TAKING DIRECTION AND FEEDBACK. SO A $25,000 GRANT WAS RECEIVED, UM, FOR THE FITNESS COURT THAT WAS APPLIED FOR IN 2021. IN THE SAME YEAR, COUNCIL APPROVED RECEIVING THE GRANT WITH A, UH, MATCH OF $105,000 NEEDED TO, TO CONSTRUCT THE PROJECT. THERE WERE COMPLICATIONS THAT I STALLED THE PROJECT FOR SOME TIME, UH, WITH THE ORIGINAL LOCATION SLATED FOR WORKPLACE. THE PROJECT WAS RESURRECTED IN APRIL, 2024, AND AT WHICH TIME PARK BOARD RECOMMENDED, UH, A NEW LOCATION BEING LATE. KYLE PARK, THE FITNESS COURT FOCUSES ON, UH, SEVEN MOVEMENTS. IT'S A, IT'S A FULL BODY WORKOUT IN AS LITTLE AS SEVEN MINUTES, YOU CAN DO MORE REPETITIONS AND HAVE A LONGER EXTENDED WORKOUT, BUT IF YOU'RE IN A TIME CRUNCH, SEVEN MINUTES WILL SUFFICE. THE PROJECT INCLUDES SOME FLAT WORK FOR A, UH, CONNECTOR PATH AS WELL AS THE FOUNDATION FOR THE COURT. IT NEEDS TO BE A DA COMPLIANT AND THE EQUIPMENT NEEDS TO BE INSTALLED BY A CERTIFIED NFC VENDOR. AND THERE'S AN ARC COMPONENT WITH GRAPHICS AS PART OF THE PROJECT. UM, THE GRAPHICS WERE DESIGNED BY OUR IN-HOUSE EXPERT. UH, THERE'S A, UM, JUST AN OVERVIEW OF THE COURT AND WHAT IT FEATURES. THERE'S THE SEVEN MOVEMENT STATIONS. UM, THERE'S, YOU WOULD WORK THROUGH THESE AND THERE'D BE A TOTAL OF SEVEN MINUTES WITH ONE ONE MINUTE PER STATION. UM, I WOULD BE VERY IMPRESSED IF I CAN GET THROUGH STATION ONE, BUT MOST PEOPLE CAN GET THROUGH SEVEN PRETTY EASY. UM, THE LOCATION SELECTION WE NEEDED SOMEWHERE THAT HAD A GOOD EVEN GRADE TO IT. IT WOULDN'T REQUIRE A LOT OF ENGINEERING. UM, IF IT WAS IN THE FLOODPLAIN. WE WANTED TO MAKE SURE THAT, UM, WE, THAT REALLY WE BUILT OUTSIDE OF THE FLOOD PLAIN. IT NEEDS TO BE ADEQUATE SPACE FOR THE FOOTPRINT OF THE COURT. AND WE NEEDED TO HAVE ACCESS. WE WANTED IT CLOSE TO PARKING. WE WANTED IT ALSO TO BE HIGHLY VISIBLE AND STED COMPLIANT. AS YOU RECALL, STED MEANS CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN. AND SO WE WANT TO CREATE SOME NATURAL BUFFERS AND BEARS. KEEP IT, UH, SAFE FROM ANY VEHICULAR TRAFFIC. HERE'S A, AN AERIAL OVERVIEW OF THE SITE. YOU'RE, UM, IT'S, UM, YOU'VE GOT THE CONNECTOR PATH TO THE PARKING LOT. WE WANTED TO LEAVE ROOM FOR THE PARKING LOT EXPANSION FOR LAKE KYLE. YOU CAN SEE IT'S CLOSE TO THE RESTROOMS AS WELL AS THE OFFICE SPACES. IT DOESN'T CONFLICT WITH ANY EXISTING PROGRAMMING. AND HERE'S THE ELEVATION VIEW YOUR, UH, SOUTHWEST, LOOKING NORTHEAST. AND AS YOU CAN SEE, THERE'S THE, UH, THE, [02:20:01] UH, MURAL WALL AND IT CREATES A BUFFER FROM THE PARKING LOT. YOU SEE THE CONNECTOR PATH AS WELL. UH, THE ART ELEMENT IS LARGE MURAL STYLE. IT'S DIGITALLY INTEGRATED AND IT'S MEANT TO HIGHLIGHT SOME ACTIVITY, UH, TYPICAL OF BEING SEEN IN FEATURED IN LAKE KYLE PARK. WE ALSO WANTED TO FEATURE SOME OF THE, UH, UH, THE HISTORY OF KYLE. AND, UH, YOU SEE THE WATER TOWER AS WELL AS THE, THE, UH, THE LOCOMOTIVE IN THE BACKGROUND. SO YOU GET THE, THE, THE TOP VIEW IS LOOKING FROM THE PARKING LOT. SO IT GETS THE MOST VISIBILITY AND EXPOSURE. AND THE BOTTOM VIEW IS FROM THE COURT ITSELF. SO THE NEXT STEPS WOULD BE INVOL. UH, WE WOULD NEED A GEOTECHNICAL SOILS REPORT TO, UH, BECAUSE THERE WOULD BE A FOUNDATION NEEDED. ALSO, WE'D NEED SOME STRUCTURAL ENGINEERING WITH SOME STAMP DRAWINGS THAT WE CAN BUILD FROM AND TO ANCHOR INTO THE PROJECT. THIS IS A LOAD BEARING WALL. UM, THEN WE WOULD SUBMIT THE PLAN SET TO, UH, THE TEXAS DEPARTMENT OF LICENSING AND REGULATIONS TO ENSURE THAT WE'RE A DA COMPLIANT. WE PROBABLY HAVE TO BRING A REGISTERED ACCESSIBILITY SPECIALIST ON BOARD TO SUBMIT ON OUR BEHALF TO REVIEW THE PLAN SET, CHECK OFF THAT IT'S GOOD FOR COMPLIANCE, AND THEN COME BACK POST-CONSTRUCTION TO ENSURE THAT WE BUILT IT ACCORDING TO THE PLANS THAT THE, THAT THE RAZ APPROVED. THEN THE FOUNDATION WOULD BE INSTALLED IN-HOUSE BY OUR PUBLIC WORKS TEAM AND THE FITNESS COMPONENTS WOULD BE INSTALLED BY THE CERTIFIED NFC INSTALLER. UH, THIS TIMELINE IS EXPECTED, UH, COMPLETE HAS, UH, COMPLETION EXPECTED BY MARCH, 2024. AND AT THIS TIME I WILL TAKE ANY SUGGESTIONS, DIRECTION OR FEEDBACK. 24. ANY, ANY FEEDBACK? COUNCILOR ALBI 2025. THANK YOU. UH, PERFECT LOCATION. 'CAUSE MY SON WORKED OUT THERE, LAKE KYLE THIS SUMMER. AND IF YOU HAVEN'T BEEN OUT THERE IN THE MORNING AROUND SEVEN O'CLOCK, YOU GOT SO MANY PEOPLE THAT GO RUNNING, THEY GO JOGGING, THEY'RE LIKE DOING PUSHUPS AND SIT UP ON THE GRASS. THAT'S A PERFECT AREA FOR THAT. UM, SO WE'RE GONNA BE EXPANDING THE PARKING LOT A LITTLE BIT FURTHER OUT. 'CAUSE I KNOW THERE'S SOME THE OF OUR TRUCKS THAT ARE PARKED IN THE DIRT, RIGHT? YES, SIR. SO WE'RE GONNA EXPAND IT OUT. SO IT'S GONNA BE ON THAT VERY EDGE CORNER OF IT. YES. OKAY. BECAUSE I KNOW, SO YOU SEE THE EXPANSION WOULD GO IN THE GREEN SPACE, JUST, UM, AT THE TOP OF THE AERIAL VIEW HERE. OKAY. SO IF THAT'S THE AREA WE'RE GOING TO PUT IT, LET'S ALSO PUT A REMINDER WHEN WE HAVE OUR FESTIVAL, THAT'S EXACTLY WHERE THE BUSES ARE GONNA BE DRIVING BY. SO WE GOTTA MAKE SURE WE HAVE THAT SPACE IN BETWEEN THERE OR WE BLOCK IT OFF OR, OR IT'S NOT IN THE PATHWAY. 'CAUSE THERE'S A LOT OF THAT TRAFFIC THAT GOES BY THERE. SO, UM, WHERE WAS THIS IN THE, WHERE WAS THE WE ORDERED THIS LONG TIME AGO, DIDN'T WE? IT'S BEEN STORAGE. IT'S BEEN IN STORAGE, YES. OKAY. WELL I'M SO GLAD WE'RE FINALLY GONNA PUT IT TO USE. I KNOW THEY GOT ONE OVER THERE IN AUDITORIUM SHORES. IT'S, IT'S, IT'S REALLY NEAT. A LOT OF PEOPLE REALLY GET INTO IT. THANK YOU. YEP. I'M EXCITED FOR IT. FINALLY, WE'RE GONNA GET IT GOING. FINALLY. AND THIS EQUIPMENT CAME THROUGH A GRANT, DIDN'T IT? YEP. YES SIR. YEAH, SO IT CAME THROUGH A GRANT. UH, REALLY EXCITED ABOUT THIS COMING OUT THERE. UH, ONE OF THINGS I'D LIKE TO SEE IS A COUPLE OF BENCHES. I KNOW WHEN I'M WORKING OUT AND I SEE A LOT OF PEOPLE AT THE GYM WHEN THEY'RE WORKING OUT, THEY PER REPS, YOU GO AND YOU TAKE A BREAK, YOU HAVE A PLACE TO GO SIT DOWN AND THEN COME DO YOUR NEXT ROTATION, YOU KNOW? UH, SO I, I'D LOVE TO SEE A COUPLE OF BENCHES AROUND IT. JUST, YOU KNOW, SIMPLE GREEN ONES THAT YOU'LL HAVE OUT IN THE, IN THE TRAIL SYSTEM WILL WORK. UH, JUST SOMEWHERE PEOPLE GET BETWEEN REPS AND REPUTATIONS. UH, THEY'LL BE ABLE TO SIT DOWN AND JUST RECUPERATE AND THEN GO HIT THEIR NEXT, UH, STATION. SO THAT'D BE COOL. YOU PARK BENCHES SO THEY CAN REST. THAT'S GOOD FEEDBACK. THANK YOU. NO, WE'RE LIKE, COME ON. NO, NO. GET UP. WHEN, WHEN YOU GO TO THE GYM, WE'VE GOT BENCHES TO THE GYM. 'CAUSE YOU, YOU TAKE A BREAK BETWEEN REPETITIONS. I WOULD NEED SOME BENCHES. YEAH, WE'LL GET SOME BENCHES, DEFINITELY. FOR SURE. YEAH, THAT'D BE GREAT. SO, YEAH. YEAH. IF THEY GOT'EM IN THE GYM, WE NEED 'EM HERE TOO. . THAT'S AWESOME. IT'LL BE GOOD. SEE IT. BUT YOU KNOW, I, I THINK IT'S A GREAT PLAN. I, I LIKE WHERE IT'S AT. I'M GLAD THAT WE'RE UTILIZING WHAT, YOU KNOW, WE, WE ACQUIRED A WHILE BACK THROUGH A GRANT AND UH, IT'S NOT SITTING IN A SHELF ANYMORE. THAT'S GONNA BE AWESOME. THANK YOU DAVID. YES, SIR. YEAH, WE WON THAT GRANT IN 2020. IT WAS LIKE, UH, 40,000. YEP. IT WAS SUPPOSED TO BE ON THE VI TRAIL. IT WAS GIVEN TO US. YEP. I GOT SOME QUESTIONS TOO. COUNCILOR UNI. SO MY CONCERNS ARE THAT IT'S NOT REALLY AESTHETICALLY THE WAY I WOULD LIKE TO SEE IT. I MEAN, I KNOW Y'ALL SAID IT LOOKS LIKE A GREAT LOCATION, BUT I PASSED BY THAT LOCATION. AND WHAT I LIKE TO SEE IS JUST THE NATURAL LAKE AREA. AND I'M CONCERNED ABOUT THE, THE, THE TRADITIONS OF LAKE KYLE, THE FAIR, THE FISHING, WE WERE GONNA PLAN FOR SOMETHING THAT WAS AN AMENITY OUT HERE, WHICH WAS A NATURAL CENTER, SOME KIND OF, UM, PROGRAMMING, LITTLE [02:25:01] ACTIVITY, ART. IT WAS AN OUTDOOR, OUTDOOR CENTER. THERE WAS A BUDGET FOR IT. THAT'S WHAT I WAS LOOKING FOR TO SEE. UM, I THINK THAT, YOU KNOW, THERE'S NO, NOT A LOT OF SHADE OUT THERE, SO THAT'S A PROBLEM. UM, IT'S TOO CLOSE TO THE ROAD. YOU SAID THERE'S PARKING, THERE'S REALLY NOT A LOT OF PARKING UNTIL YOU ADD THAT PARKING LOT. UM, NOT REALLY CRAZY ABOUT THE MURAL THERE, BECAUSE LIKE I SAID, I LIKE TO PROTECT THAT ENVIRONMENT AND THAT NATURAL LOOK. I THINK THAT IS WHAT GIVES THE UNIQUENESS TO LAKE KYLE. UM, I DO UNDERSTAND THIS WAS DONE THROUGH RECOMMENDATION, BUT TO GET THE MOST USE OUT OF THIS, UM, LAKE KENSINGTON LAVERDE WOULD PROBABLY BE THE POPULAR SPOTS FOR SOMETHING LIKE THIS. UM, THINKING ABOUT TO GET MORE PEOPLE TO USE IT, UM, BECAUSE WE ALREADY HAVE STEEPLECHASE RIGHT ACROSS FROM IT. SO THAT'S ALREADY A HEAVILY USED PART WHERE PEOPLE CAN RUN AND HAVE ACTIVITIES. THE OTHER THING I'VE SEEN AT LAKE KYLE IS TOURNAMENTS. UH, THIS LAST SUMMER I SAW FLAG FOOTBALL TOURNAMENTS. UM, SO THEY WERE PLAYING IN THE EXACT SAME AREA THAT THIS IS PROPOSED. SO MY PREFERENCE IS TO LOOK FOR A DIFFERENT LOCATION, A A MORE SUBTLE LOCATION THAT DOES NOT BREAK THE TRADITION OF LAKE KYLE. UM, THAT'S, THAT'S WHERE I WOULD BE ON THIS. ANYONE ELSE? ALRIGHT. AND WHAT'S THE FOOTPRINT OF THIS ALSO? WHAT'S THE, WHAT, WHAT DO YOU, WHAT IS THE PROPOSED SQUARE FOOTAGE? I DON'T KNOW THAT OFF THE TOP OF MY HEAD, BUT WE CAN GET THAT. IT'S, UM, YOU KNOW, IT'S, IT'S A SIZABLE FOOTPRINT THAT, THAT WOULD BE MY CONCERN WITH VERDE IS, UH, JUST HAVING THE ADEQUATE SPACE FOR IT. BUT IT'S A 40 SQUARE FOOT, FOUR FEET. OH 4 20 20 BY DEPUTY DIRECTOR BACK THERE. DID SHE SAY 20 BY 20? 38 BY 38. 38 BY, SO ALMOST 40 BY 40. ACTUALLY, I, I DO HAVE A QUESTION. 1600 SQUARE FEET. IS THAT RIGHT? LEON? 40 BY 40. YES. SO THAT'S THE SIZE OF A SMALL HOUSE. THINK ABOUT IT. THAT'S WHAT WE'RE PROPOSING HERE. NO, IT IS VERY BIG. OKAY. COUNCILMAN HEISER DA DAVID, WHAT THE, UH, THE MATERIAL THAT THIS IS THE, THE COURT MATERIAL, HOW SUSCEPTIBLE TO HEAT IS IT GONNA BE? BECAUSE AS I LOOK AT THESE PICTURES AND I SEE BECAUSE KNEES ON THE GROUND AND ELBOWS ON THE GROUND, I DON'T KNOW ANYONE WHO WOULD WANNA PUT THEIR BODY PARTS ON THE GROUND WHEN IT'S, UH, A HUNDRED PLUS DEGREES OUTSIDE AND IT'S GONNA FEEL EVEN HOTTER. YEAH. COUNCIL MEMBER, WE RECOGNIZE THIS, THIS, UH, FEATURE WOULD PROBABLY REQUIRES SOME SHADE, LIKE A SHADE STRUCTURE STRUCTURE THAT COVERS THE WHOLE THING. UH, YOU COULD DO A CANTILEVER SHADE STYLE JUST ENOUGH TO, YOU KNOW, UM, SO DURING THE WARMEST TIMES OF DAY WHEN THE SUN IS HIGH, IF THERE'S PROTECTION ANYWAY, THAT WOULD BE ANYWHERE WE WOULD STALL IT. SOUNDS GOOD. THANK YOU. YEAH, WELL I'M, I'M EXCITED THAT THIS IS GOING IN THIS AREA 'CAUSE WE, YOU KNOW, WE'RE ALWAYS ADVOCATING FOR MORE STUFF ON THE EAST SIDE, SO I'M, I'M GLAD THAT THIS PARK IS GETTING THIS, YOU KNOW, COURT. UM, IT'S NOT AN AMENITY. IT'S, IT'S A, IT'S A SMALL, I'M SORRY, I HAVE THE FLOOR. UM, I JUST WANTED TO CORRECT YOU. YEAH, I HAVE THE FLOOR COUNCIL ZENGA. OKAY. ALRIGHT. I DIDN'T INTERRUPT YOU. I'LL LET YOU SPEAK. SO, UM, JUST, I, I THINK IT'S A REALLY GOOD AMENITY FOR, OR YOU GOT ME SAY AMENITY NOW. UH, BUT I THINK IT'S A REALLY GOOD PIECE FOR THE, UH, LAKE. I MEAN, WE HAVE PEOPLE OUT THERE ALL THE TIME. I THINK IT'S GONNA BE A REALLY GOOD, UH, PLACE TO PUT THIS. IT'S GOT THE ROOM. WE'VE STILL GOT ROOM TO DO MORE IF WE WANT TO ADD A, YOU KNOW, UH, MORE INFRASTRUCTURE OUT THERE. WE ACTUALLY HAVE THE SPACE OUT THERE. SO WE DEFINITELY CAN ALWAYS EXPAND. THIS IS A VERY SMALL FOOTPRINT. NOT REALLY, UH, UH, WORRIED ABOUT HOW MUCH IT'S TAKING, UH, THE MURAL. JUST, UH, MAKING SURE WE DO OUR BEST ON IT. GET THE RIGHT ARTIST ON THERE. UH, WE, WE ARE ALWAYS PROMOTING ART IN OUR CITY, SO MAKING SURE WE DO A REALLY GOOD JOB. LET'S, LET'S, LET'S GET A REALLY GOOD ARTIST THAT CAN REALLY BRING SOMETHING OUT THERE TO LIFE AND REALLY DIG INTO THE HISTORY OF KYLE. UM, AND OTHER THAN THAT, I THINK IT'S GREAT AND MANY THANK Y'ALL FOR PULLING THIS OUTTA STORAGE AND BRINGING IT OUT WHERE THE PUBLIC CAN USE IT. SO IT'S GREAT. THANK YOU. SO JUST, JUST COME BACK. GO AHEAD. YEAH, I MEAN, IF Y'ALL ARE, Y'ALL ARE IN LOVE WITH IT, THAT THAT'S FINE. LIKE I SAID, UM, I MIGHT BE WRONG ABOUT IT. I COULD GET USED TO IT, BUT I REMEMBER THE OUTDOOR NATURAL CENTER WAS PROPOSED. THAT'S WHAT I WAS LOOKING FOR. BEAUTIFICATION, YOU KNOW, THINGS THAT ARE ELEMENTS THAT IMPROVE THE QUALITY OF LAKE KYLE. THAT'S WHAT I'M LOOKING FOR. ALL RIGHT. SO DO WE HAVE AN UPDATE ON WHERE THAT IS? THAT OUTDOOR NATURAL CENTER? YEAH. THAT WAS PROPOSED AT LAKE KYLE. THAT WAS BUDGETED [02:30:01] LAST YEAR. I DON'T HAVE AN UPDATE FOR ANY NATURE CENTER. MM-HMM. FOR LAKE KYLE. I, I DON'T REMEMBER THAT BEING BUDGETED. IT WAS, YOU WEREN'T, YOU WEREN'T ON THE ACCOUNT. YEAH, I WASN'T ON COUNCIL, BUT I'D LIKE TO GET A FOLLOW UP ON THAT. OKAY. THAT'S SEPARATE FROM HERE. IF YOU DON'T MIND, COUNSEL. IT'S ALL RELATED. THANK YOU. MR. I'M SURE THERE'S A, THESE THINGS ARE DESIGNED TO BE ABLE TO HOLD THE ELEMENTS AND I'M HEARING SO MANY PEOPLE SAY WE NEED BENCHES FOR PEOPLE TO REST. WE NEED SHADE. WHAT'S THE DIFFERENCE BETWEEN YOU BEING OUT THERE AND BEING IN THE MIDDLE OF A BASKETBALL COURT WITH NO SHADE? WHAT'S THE DIFFERENCE BETWEEN YOU BEING OUT THERE IN A FOOTBALL FIELD WITH NO SHADE BEING ON A BASEBALL FIELD WITH NO SHADE, WITH FOOTBALL HELMETS ON AND EVERYTHING ELSE? UH, UH, THIS IS SOMETHING THAT WOULD BE USED NOT ON A VERY LONG TERM. IT'S, IT'S BASICALLY A, A PLACE WHERE PEOPLE CAN GO AND DO SOME AGILITY, SOME EXTRA WORKOUTS, AND JUST TO HAVE A SETUP TO WHERE YOU CAN BE ABLE TO DO SOME CORE EXERCISES AND THEN YOU CAN MOVE ON WITH JOGGING OR WALKING. OKAY. SO IT, IT SEEMS LIKE WE WANNA BE ABLE TO JUST COVER THIS THING UP BECAUSE WE DON'T WANT PEOPLE TO GET HOT OR WHATEVER. BUT, UH, IF THAT'S HOW SOME OF YOU GUYS FEEL ABOUT TEXAS WEATHER, BUT AGAIN, I'VE SEEN PEOPLE USE THESE THINGS IN THE MID, NOT SO MUCH MIDDLE OF THE DAY WHEN IT'S A HUNDRED DEGREES, BUT IN THE EVENINGS WHERE PEOPLE COULD USE 'EM A LOT AND FIRST THING IN THE MORNING, 'CAUSE IT DOESN'T GET HOT TILL 10 O'CLOCK, AT LEAST 80 90. BUT AGAIN, UH, I THINK THIS IS, IT WOULD BE, WOULD BE A A A SMALL BENEFIT. A BIG BENEFIT OR A SMALL BENEFIT FOR, FOR THAT AREA. 'CAUSE I, I'VE ACTUALLY BEEN OUT THERE IN THE MORNINGS DURING SUMMERTIME AND PEOPLE ARE ALREADY USING THE ACTUAL PLAYGROUND FOR, UH, WORKING OUT AND DOING PULL-UPS. I'VE SEEN THAT BEFORE. SO THIS WOULD REALLY, REALLY KIND OF HELP. YEAH. THANK YOU. COOL. YEAH. UH, I I JUST WANT TO TOUCH ON SOMETHING YOU SAID. WELL, THE DIFFERENCE WILL BE THE SURFACE. 'CAUSE WE WERE PLAYING BASEBALL, YOU'RE ON THE GROUND, YOU'RE ON GRASS, YOU'RE PLAYING FOOTBALL, IT'S ON GRASS. IT DOESN'T HAVE THE SAME RADIATE, THE SAME TEMPERATURE THAT CONCRETE OR TURF WOOD. SO THAT'S KIND OF WHAT MY CONCERN WITH YEAH. COVERING IT UP A LITTLE BIT. SO IT IT, IT INCREASES THE TEMPERATURE QUITE A BIT. YEAH. WHEN YOU STAND ON PAVEMENT, YOU STAND ON CONCRETE, YOU CAN REALLY FEEL IT. YEAH. SO, UH, BUT YEAH, I'M PRETTY SURE THAT THIS, THESE THINGS ARE DESIGNED YEAH. TO HELP WITH THAT. AND I'M PRETTY SURE IF IT IS HOT, SOMEBODY WOULD BRING A TOWEL OR SOMETHING TO BE ABLE TO UTILIZE. I MEAN, I DON'T THINK THEY'RE GONNA BE CONSTANTLY ON THE GROUND, BUT, ALRIGHT. THIS IS MY OPINION. THANK YOU COUNCIL, UH, COUNCIL ZENGA. DAVID, DID YOU, UM, HAVE THIS INCORPORATED IN THE MASTER PLAN FOR LAKE KYLE OR DOES THIS JUST GET AHEAD OF YOU BEFORE THE MASTER PLAN? SO I WANNA MAKE SURE THAT THAT $5 MILLION THAT'S ALLOCATED TO EVERY PARK, THAT THIS IS SOMETHING THAT YOU HAVE INTEGRATED TO WORK TO, THAT'S GONNA COM BE COMPATIBLE AND WORK WELL WITH EACH OTHER. YES. AND THAT YOU'RE NOT IN A SITUATION WHERE YOU'VE GOTTA PUT THIS HERE, BUT NOW SOMETHING YOU MIGHT HAVE INTENDED OR PLANNED THAT'S BETTER, CAN'T COME ANYMORE SO THAT IT ALL WORKS WELL. YES SIR. IT IS. AND IT IS WITHIN OUR, OUR, OUR BUDGET. THAT WOULDN'T IMPACT THE MASTER PLAN. UH, IN FACT, THIS, THE ALL WORK NEEDED WOULD BE WITHIN THE CITY MANAGER'S THRESHOLD OF APPROVAL. SO IT'S, IT'S A VERY MINIMAL EXPENSE. ANY MORE DISCUSSION? ANY MOTIONS? MOTION TO ADJOURN? ? I HAVE ONE MORE ITEM. DO WE HAVE TO VOTE FOR THIS? YEAH, YEAH. UH, WHAT DO YOU NEED FROM US ON THIS, BRIAN? JUST TO MOVE FORWARD? JUST MOVE FORWARD. YEAH. WE WANTED TO MAKE SURE, UM, COUNCIL KNEW ABOUT THE PROJECT. WE WERE GLAD TO RESURRECT THIS PROJECT. I THINK IT'S ONE THAT'S, UH, LANGUISHED FOR A COUPLE OF YEARS. AND SO WE WANTED TO TALK ABOUT THE LOCATION, GET GENERAL DIRECTION FROM THE COUNCIL. IT SOUNDS LIKE THE MAJORITY OF THE COUNCILS IS GOOD WITH THE LOCATION. WOULD LIKE US TO PROCEED AND, UH, WE'LL GET STARTED TO GET IT DONE. SOUNDS GOOD. ALRIGHT. DAVID, I MEAN, THANK YOU BRIAN. THANK YOU DAVID. ALRIGHT. IS IT POSSIBLE THAT YOU CAN LOOK FOR A SECONDARY LOCATION JUST AS THE, AS A BACKUP? WELL, I, I THINK I REALLY LIKE, I'M REALLY TRYING TO DEFEND THE, THE, THE AESTHETICS OF LAKE COTTON. I, I UNDERSTAND COUNCIL MEMBER. I, I THINK I'M LOOKING FOR THE, THE WILL OF THE COUNSEL IF YOU WANT ME TO PROCEED WITH THIS LOCATION OR ANOTHER. NO, THANK YOU MR. HEISER. AND IF THE DIRECTION IS TO, FOR THE RECORD, I THINK THE DIRECTION IS FOR ME TO PROCEED AT THIS LOCATION, CORRECT? YEAH. NOT FROM ME. CORRECT. OKAY. ALRIGHT. THANK YOU. ALRIGHT, UH, AGENDA ITEM NUMBER [16) Consider directing the City Manager to install a light meter on City facilities and evaluate potential improvements to ensure compliance with the dark skies initiative.] 16. CONSIDER DIRECTING THE CITY MANAGER TO INSTALL A LIGHT METER ON CITY FACILITIES AND EVALUATE POTENTIAL IMPROVEMENTS TO ENSURE COMPLIANCE WITH THE DARK SKIES INITIATIVE. ONCE AGAIN, I PROMISE TO KEEP MY COMMENTS TO THREE MINUTES OR LESS. KYLE HAS AN OPPORTUNITY TO PARTICIPATE IN THE TEXAS AND NATIONAL DARK SKY MONITORING OF LIGHTING PARTICIPATION WOULD INVOLVE PURCHASE AND INSTALLATION OF A LIGHTING METER [02:35:01] AND MONTHLY DOWNLOAD OF THE INFORMATION FROM THE METER TO THE TEXAS AND NATIONAL DATABASES. MONITORING COULD BE DONE BY KYLE PARK STAFF OR UNDER AN AGREEMENT WITH THE HAYES COUNTY MASTER NATURALISTS. THERE ARE NO EXPENSES RELATED TO THE PROGRAM. ENROLLMENT OR REPORTING. THE EQUIPMENT WOULD BE A SQM METER, A CONTINUOUS READING UNIT WITH SOLAR CHARGING, WATERPROOF CASE, AND ALL CABLES SOFTWARE. EVERYTHING NEEDED FOR INSTALLATION AND MONITORING, UM, WOULD BE ABOUT $425, INCLUDING SHIPPING. UM, WHICH IS PART OF THE, UH, THERE ISN'T A, HAS A DISCOUNT ON THAT. THE 4 25 IS A DISCOUNT USING THE DARK SKY PURCHASE, UH, DISCOUNT. THE INSTALLATION WOULD BE AT A SECURE LOCATION TO PREVENT TAMPERING WITH UNRESTRICTED VISIBILITY TO THE SKY ABOVE THE UNIT. THIS UNIT IS DESIGNED TO TRACK GENERAL AMBIENT LIGHTING ABOVE THE CITY SKYLINE. IT DOES NOT MONITOR GROUND LEVEL LIGHTING BENEFITS TO THE CITY AND THE RESIDENTS OF KYLE INCLUDE PARTICIPATION IN AN INTERNATIONALLY RECOGNIZED RESEARCH PROJECT, GATHERING DATA ON WORLDWIDE LIGHTING ISSUES, EDUCATION OPPORTUNITIES FOR KYLE RESIDENTS AND CITY STAFF ON IMPORTANCE OF DARK SKY COMPLIANT LIGHTING EVALUATION TOOL FOR CITY OF KYLE TO DETERMINE THE EFFECTS OF LOCAL ORDINANCES AND COMPLIANCE AND EDUCATION EFFORTS. POTENTIAL IMPROVEMENTS IN KYLE RESIDENTS HEALTH. EXCESS LIGHTING IS KNOWN TO BE RELATED TO OBESITY, DEPRESSION, ANXIETY, DIABETES, HEART DISEASE, AND CANCER RECOVERY. POTENTIAL IMPROVEMENTS IN OVERALL HEALTH OF THE ENVIRONMENT AND ECOSYSTEMS IN KYLE. EXCESS LIGHTING IS RELATED TO THE DECLINE OF MULTIPLE SPECIES OF BIRDS AND INSECTS, CHANGING MIGRATION PATTERNS AND THEIR ABILITY TO, AND THE ABILITY OF ALL ANIMAL SPECIES TO SURVIVE. PLANTS TO GROW IN OUR FOOD PRODUCTION. IT IS AN EXCELLENT TOOL TO PARTNER WITH PERIODIC GROUND LEVEL SITE MONITORING EFFORTS. THE HAYES MASTER NATURALIST WOULD BE PLEASED TO PARTNER WITH THE CITY OF KYLE ON DOWNLOADING AND SERVICING THE MONITOR AND UPLOADING TO STATE AND NATIONAL DATABASE. HAYES, MASTER NATURALIST AND HAYES FRIENDS OF THE DARK SKY WOULD ALSO BE AVAILABLE TO PROVIDE EDUCATION TO CITY STAFF AND RESIDENTS ON DARK SKY ISSUES. ANY DISCUSSION? ALL RIGHT. WHAT IS IT, WHAT IS IT MA'AM, THAT YOU'RE ASKING FOR? UM, I, I WOULD LIKE TO PROPOSE THAT THE CITY PURCHASED THE SQM METER FOR 4 25 AND INSTALL IT IN AN AGREED UPON LOCATION. UH, WHERE IT WOULD BE THE MOST EFFECTIVE. UH, DARK SKY ASSOCIATION HAS ALREADY COME OUT AND TAKEN A LOOK AT A NUMBER OF SITES, UM, AND THAT, UM, THE CITY PARTNER WITH THE HAYES MASTER NATURALIST OR THE, UH, HAYES DARK SKY ASSOCIATION FRIENDS OF THE NIGHT SKY. BRIAN, WOULD THAT BE SOMETHING THAT WE WOULD NEED TO LOOK AT FOR THE BUDGET? IF IT'S GOING TO, IF, IF WE'RE REQUESTING TO PUT IT AT ACCORDING TO HER, UH, AGENDA ON CITY FACILITIES? NOT, NOT AT THIS BUDGET LEVEL. IT'S, IT'S A FAIRLY MINIMAL EXPENSE, BUT, UM, SOMETHING WE CAN CERTAINLY ACCOMMODATE IF THE COUNCIL WANTED TO MOVE FORWARD IN THAT DIRECTION. AND IT'S A SMALL METER AND IT'S JUST ZIP TIED AROUND A POLE. DOES IT MATTER WHERE IT GOES THOUGH? SOMEWHAT, YES. SO WHO WILL DETERMINE THE LOCATION? UM, WE'VE ALREADY DISCUSSED LO POSSIBLE LOCATIONS WITH BRIAN. UM, UH, THAT THERE IS A SPECIALIST, UH, IN THE, UH, HAYES FRIENDS OF THE DARK SKY WHO'S COME OUT AND TAKE, WE DROVE AROUND THE CITY AND TOOK A LOOK AT WHAT WOULD BE GOOD FOR THE MONITORING. WE, WE'D WANNA PUT IT IN A LOCATION THAT WAS MEANINGFUL TO GATHER THE RIGHT DATA, BUT ALSO DIDN'T INTERFERE WITH ANY OTHER EQUIPMENT OR FACILITY NEEDS THAT WE HAD, LET'S SAY. 'CAUSE WE DO HAVE TOWERS THAT NEED TO BE LIT UP 'CAUSE OF THE, UH, AIR TRAFFIC AND EVERYTHING ELSE. JUST MAKING SURE THAT WE'RE NOT PUTTING SOMEWHERE THAT'S GOING TO PING US. 'CAUSE WE'VE GOT CRITICAL INFRASTRUCTURE THAT HAS TO BE LIT UP. YEAH. NOW THIS IS JUST MONITORING THE, THE HIGH SKY. OKAY. UM, WHAT'S THE COST, UM, OF SOMETHING LIKE THIS? 4 2420 $5. THAT'S IT. OKAY. THERE'S NO MAINTENANCE COST. DO WE NEED COUNCIL ACTION OR JUST GIVE DIRECTION? NO, I THINK IT'S A, IT'S A VOTE. I MEAN, I THINK THAT'S THE ITEM ON THE AGENDA THAT, THAT MS. HARRIS HAS ASKED FOR. SO IT'D JUST BE A, A VOTE TO DIRECT US TO PUT THAT, UM, ITEM ON A, ON A FACILITY. AND THEN I SUSPECT AT SOME POINT BRING YOU BACK SOME DATA AND LOOK AT THE DATA TO SEE WHAT TYPE OF POLICY DECISIONS YOU'D WANT OR DIRTY RAMIFICATIONS TO HAVING SOMETHING LIKE THIS. LIKE ARE [02:40:01] WE GONNA GET FINED FOR GOING OVER THE LIMIT OR ANYTHING LIKE THAT? IF WE DO, IS THERE? NO, THERE ARE NONE. OKAY. JUST MAKING SURE BECAUSE, UH, YEAH, YOU KNOW, I UNDERSTAND. I'M PART OF THE CAP COG, SO I KNOW ABOUT THE AIR QUALITY. YES. NO, THERE ARE NO RAMIFICATIONS. OKAY. MAYOR PRO, I'D LIKE TO MAKE A MOTION TO APPROVE ITEM, UH, 16. WE, WE ALREADY HAVE A MOTION BY COUNCIL MEMBER HARRIS, WOULD YOU LIKE TO SECOND IT? SECOND? THANK YOU. ALRIGHT, WE'VE GOT A SECOND, UH, MOTION BY COUNCIL MEMBER HARRIS. SECOND BY COUNCIL MAYOR HEISER. ANY MORE DISCUSSION? ALL THOSE IN FAVOR SAY AYE. AYE. ALL THOSE OPPOSED NAY. MOTION PASSES. FIVE. ONE. MOTION TO ADJOURN. SECOND. LOOK. SO MOVED. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.