Oct 21, 2025 City Council Regular Meeting

[00:00:03]

ACTION WAS TAKEN IN EXECUTIVE SESSION. MOTION TO ADJOURN SECOND. ALL RIGHT. THE FLAG OF

[I) Call Meeting to Order, Roll Call, and Excuse Absences]

RIZZO. PRESENT. ZUNIGA. PRESENT. HARRIS HERE. MCKINNEY. HERE. TOBIAS. I'M HERE. ALL RIGHT. WE HAVE SEVEN MEMBERS PRESENT. WE HAVE A QUORUM. UP NEXT IS CITIZEN COMMENTS. IS THERE ANYONE WHO WISHES TO COME UP TO SPEAK? AND I WILL START WITH THE FIRST SHEET THAT I HAVE, KAY POGUE. MAYOR PRO TEM. DO YOU MIND IF I DO? OPTION TWO APPROVAL OF THE MINUTES. SURE.

[II) Approval of Minutes]

SPECIAL MEETING AS WELL. SAME DATE SECOND. MOTION TO APPROVE THE MINUTES MADE BY COUNCILMEMBER TOBIAS, SECONDED BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. ALL

[III) Citizen Comment Period with City Council]

[00:05:07]

I'M HERE TO SPEAK ON BEHALF OF THE HISTORIC BEARING OAK TREE THAT HAPPENS TO SIT ON OUR PROPERTY. THE HISTORIC 1871 BEARING TREE IS LOCATED ON THE EDGE OF OUR PROPERTY, NEXT TO THE ROAD THAT ORIGINATED FROM PATHS OF THE INDIGENOUS PEOPLE. THIS PATH LATER BECAME OLD SPANISH TRAIL, WHERE STAGECOACHES TRAVELED FROM SAN ANTONIO TO AUSTIN. IN 1847, AND IT IS NOW NORTH OLD STAGECOACH ROAD, WHERE I LIVE BESIDE AS WELL AS MY NEIGHBORS. THE BEARING TREE WAS REFERENCED IN 1871 DEED BETWEEN THE DONNER AND EZEKIEL NANCE, AND IT WAS FILED IN THE HAYS COUNTY DEED RECORDS. THE SAID TREE IS A COMPANION TO A BOUNDARY MARKER, WHICH BECAME THE BASE MARK FOR SURVEYS IN THE AREA, AND A MARKER FOR THE NORTHERN SIDE OF THE OLD STAGECOACH ROAD, NOW BEARING TREE, IS USED AS A CORNER ACCESSORY. ITS DISTANCE AND DIRECTION FROM THE CORNER IS RECORDED AS ITS SPECIES AND SIZE, AND WITH THE DISTANCE AND DIRECTION FROM THE TREES, THE BEARING IS RECORDED. SO YOU CAN SEE IT'S A VERY IMPORTANT TREE AND IT IS RECORDED. LADIES, LADIES AND GENTLEMEN OF COUNCIL AND PEOPLE WHO ARE HERE THAT DON'T KNOW VERY MUCH ABOUT THIS TREE, I THINK THAT HISTORY AND DEVELOPMENT PROGRESS CAN GO HAND IN HAND. I THINK YOU CAN WORK TOGETHER AND IT CAN GO EXIST. YOU KNOW, THERE WAS JUST A RECENTLY PAVED ROAD RIGHT IN FRONT OF OUR HOUSE. IT HAS TWO LANES. ADDING A SECOND, TWO LANES ON THE OTHER SIDE OF THE ROAD TO THE SOUTH WOULD GIVE THE PROPOSED FOUR LANES WITHOUT DESTROYING THE EXISTING TREES, MOVING THE EXISTING UTILITIES. AS MISS POGUE SPOKE ABOUT AND DESTROYING THE HISTORY OF THE AREA. IT MAKES SENSE, COMMON SENSE, TO THINK ABOUT THIS. SO IN CLOSING, IF YOU'VE DRIVEN BY YES, YOU SEE A RIBBON TIED AROUND THE OLD OAK TREE, THE BEARING OAK TREE OF 1871, AND IT JUST HAPPENS TO BE ON OUR PROPERTY. THIS RIBBON SIGNIFIES IMPORTANCE. WELCOME HOME. AND IT HAS STOOD THE TEST OF TIME. I THINK HISTORY AND PROGRESS CAN GO HAND IN HAND. IT'S A SYMBOL OF THE PAST. IT'S A SYMBOL OF THE PRESENT AND OF THE FUTURE OF THINGS. FRANKIE, YOUR TIME IS UP. I ENCOURAGE YOU TO VOTE NO AND TO LET THIS TREE STILL STAND. THANK YOU, THANK YOU. UP NEXT IS KATE JOHNSON. GOOD EVENING. MY NAME IS KATE JOHNSON, AND I'M THE PRESIDENT OF PRESERVATION ASSOCIATES, A COUNTYWIDE HISTORIC PRESERVATION ORGANIZATION. I'M HERE TONIGHT BECAUSE THE PROPOSED REALIGNMENT OF NORTH OLD STAGECOACH ROAD THREATENS BOTH A HISTORIC LANDSCAPE AND THE FAMILIES WHO HAVE CARED FOR IT FOR GENERATIONS. THE BEARING OAK ON THE PROPERTY IS NOT JUST AN OLD TREE. IT'S A DOCUMENTED 19TH CENTURY BEARING TREE USED BY EARLY SURVEYORS TO MARK BOUNDARIES IN HAYS COUNTY, THE STONE MOUND BESIDE IT, LIKELY PLACED BY THE SAME SURVEY CREW IN 1871, IS TANGIBLE EVIDENCE OF THE EARLIEST MAPPING OF THIS REGION. A LIVING PIECE OF OUR COUNTY'S HISTORY. TOGETHER THEY ARE RARE PHYSICAL LINKS TO THE ORIGINS OF LAND OWNERSHIP AND COMMUNITY IN THIS AREA. THE GREGG FAMILY NEXT DOOR HAS WORKED WITH THE CITY IN GOOD

[00:10:05]

MY NAME IS LILA KNIGHT, AND I WANT TO HIT ON SEVERAL ISSUES TONIGHT. FIRST, I WANT TO EXPRESS MY SUPPORT FOR THE CITY OF KYLE SEEKING THE DESIGNATION OF TREE CITY USA. I HAVE NOT GONE OVER THE PROPOSED ORDINANCE WITH A FINE TOOTH COMB. I'VE JUST SCANNED IT, BUT I THINK THAT THIS IS THE TYPE OF ORDINANCE WE NEED TO SAVE OUR HERITAGE TREES. BUT I FIND IT IRONIC THAT WE'RE WANTING TO BE A TREE CITY USA. BUT IN OUR ROAD PROGRAM, WE'RE TEARING DOWN TREES LEFT AND RIGHT, AND I'M VERY APPRECIATIVE OF THE MOVING OF THE OLD HERITAGE OAK ON STAGECOACH. BUT WE NEED TO DO BETTER. AND I KNOW THAT THIS CITY COUNCIL SUPPORTS PRESERVING THE HISTORY OF OUR CITY. I'VE SEEN IT, I'VE HEARD IT. AND TO TELL YOU THE TRUTH, I'M GOING TO BLAME THE ENGINEERS ON THIS ONE. THEY DON'T KNOW OUR HISTORY, SO. AND THEY HAVE NOT BOTHERED TO LEARN. SO IT'S REALLY UP TO THEM TO DO A BETTER JOB. THEY'RE PROFESSIONAL ENGINEERS AND I'VE SEEN HOW MUCH WE'RE PAYING THEM AND THEY NEED TO DO A BETTER JOB. I MEAN YOU COULD YOU CAN JUST WALK UP TO THESE PEOPLE'S HOUSES AND KNOCK ON THE DOOR AND THEY'LL TALK TO YOU. BUT SO, OKAY. HAVING BLASTED ENGINEERS, I WANT TO URGE YOU TO EITHER POSTPONE OR DENY THE RESOLUTIONS FOR NUMBERS 38 THROUGH 41. AND 38 IS ALSO ON CENTER STREET, BUT IT WILL ALSO TAKE OUT SIGNIFICANT TREES. SO MAYBE WE NEED A TREE SURVEY. I DON'T KNOW, BUT THE ENGINEERS HAVE GOT TO GET ON THE BALL ABOUT THIS. WE ALSO NEED BETTER MAPS. WHEN I LOOK AT THE MAPS IN THE PACKET, IT IS ALMOST IMPOSSIBLE TO SEE WHAT'S GOING ON. A LOT OF TIMES THERE AREN'T EVEN STREET NAMES. AND I THINK, YOU KNOW, WE HAVE A VERY GOOD STAFF AND I THINK THEY COULD DO A MUCH, MUCH BETTER JOB OF THAT. I STILL HAVE A FEW SECONDS. I WANT TO THANK YOU FOR CONSIDERING EXTENDING THE SCHOOL ZONE ON BLANCO STREET. I SEE THOSE KIDS EVERY DAY AND IT WORRIES ME A GREAT DEAL. SO I DO HOPE THAT YOU WILL SUPPORT

[00:15:06]

I PERSONALLY SPOKE WITH THE BUILDING DEPARTMENT AND CODE ENFORCEMENT ON 917 OF THIS YEAR.

BOTH INFORMED ME I DID NOT NEED A PERMIT, BUT DID STATE THAT PUBLIC WORKS WOULD NEED TO INSPECT THE DRIVEWAY. THROUGHOUT ALL MY RESEARCH, I FOUND NO CODIFIED ORDINANCE OR POLICIES WHICH STATE THE PROCESS OR REQUIRED PERMITTING FOR THE MAINTENANCE OF A DRIVEWAY OR SIDEWALK. TO THIS DAY, THERE HAS BEEN NO CONFIRMATION OF WHY A RIGHT OF WAY PERMIT IS REQUIRED, NOR HAVE I RECEIVED ANY RESPONSE FROM THE CITY MANAGER OR MY DISTRICT REPRESENTATIVE. WHAT I'VE LEARNED IN THE LAST FEW WEEKS ARE THE FOLLOWING ON OCTOBER 22ND, 2024, KELLY STILWELL, THE CITY OF KYLE BUILDING AND CODE OFFICIAL, RELEASED AN UPDATE CITING THE CITY'S USE OF THE 2021 INTERNATIONAL RESIDENTIAL RESIDENTIAL CODE, WHICH WAS CODIFIED ON 817, 2021. UNDER THIS CODE, SECTION R 102 105.2 DRIVEWAYS AND SIDEWALKS ARE EXEMPT FROM PERMITS. ON NINE THREE, 2025, MIKE MURPHY PLACED AN AGENDA ITEM FOR COUNCIL APPROVAL, AMENDING CHAPTER 38, ARTICLE FOUR, DIVISION THREE REGARDING EXCAVATION PERMITS IN THE CITY RIGHT OF WAY. ACCORDING TO THE AGENDA BACKUP, THE AMENDMENT IS WAS AIMED TO INCREASE TRANSPARENCY AND ACCOUNTABILITY FOR UTILITY CONTRACTORS, BUT NEVER ONCE STATED IT WOULD BE APPLICABLE TO RESIDENTS. MY MAIN CONCERN ISN'T THE INCONSISTENCIES IN THE CITY'S POLICIES AND PROCESS. IT'S THE $600 PERMITTING FEE TO REPLACE MY DRIVEWAY, ESPECIALLY SINCE THE CITY DIDN'T OVERSEE ITS ORIGINAL CONSTRUCTION. AND IT MAY BE OF INTEREST TO SOME TO KNOW THAT THE SAME INSPECTION FOR A DEVELOPER IS A MERE $75. MY HOPE IS THE COUNCIL TAKES TIME TO GO BACK AND REVIEW THE ORDINANCE IT PREVIOUSLY APPROVED, AND FIND THAT RESIDENTS ARE EXEMPT FROM SUCH AN OUTRAGEOUS FEE, AND AVOID HAVING THE RESIDENTS GENERATE A PETITION TO REPEAL THIS ORDINANCE. THANK YOU.

THANK YOU. UP NEXT, WE HAVE MIKE MCDONALD.

GOOD EVENING. I WANT TO SPEAK TONIGHT ON WORDS, THERE. PURPOSES AND CONSEQUENCES. WORDS HAVE POWER. THEY CAN INSTIGATE A RIOT. THEY CAN CAUSE DIVISIONS AND THEY CAN CALM A CRYING BABY. ALL BY THE WORDS WE USE. OUR WORDS CAN IDENTIFY HONESTY AS WELL AS LIES. ALL THE WORDS A PERSON USES. COUNCILMEMBER HISER QUOTING FROM YOUR CAMPAIGN MESSAGE, YOU SAID, I'M WILLING, ABLE AND READY TO WORK MY BUTT OFF TO REPRESENT EVERYONE IN KYLE, NO MATTER WHO YOU ARE, WHERE YOU LIVE, OR HOW YOU IDENTIFY POLITICALLY, I'M RUNNING TO REPRESENT YOU. YOU FURTHER STATED THAT YOUR SUPPORT IS NOT GIVEN. IT'S EARNED, AND I'M HERE TO EARN YOUR SUPPORT. AT THE CANDIDATE FORUM. YOU SAID EVERY VOICE IS IMPORTANT. ONE OF MY HARDEST THINGS IS TO KNOW FOR WHAT IS REAL AND WHAT IS NOISE. YOU FURTHER STATED THAT YOU HAVE TO DECIPHER WHAT IS REAL AND WHAT IS NOISE. DOES THIS SOUND LIKE SOMEONE WHO RESPECTS OTHERS AND SAYS EVERY VOICE IS IMPORTANT? WHAT IF YOU DISAGREE WITH COUNCILMEMBER HEIZER AND HE SAID THIS ABOUT YOU? WHAT WOULD YOU THINK? WOULD YOU BELIEVE

[00:20:04]

JUST CURIOUS. DID YOU CONSIDER OUR VOICES JUST NOISE AS YOU DESCRIBED IN YOUR KOBAD INTERVIEW? YOU SAID YOU WANT TO REPRESENT EVERYONE IN KYLE NO MATTER WHERE YOU LIVE, HOW YOU IDENTIFY POLITICALLY. JUST CURIOUS, DOES YOUR ANGRY RESPONSE TO DISSENTING VOICES SOUND EXCLUSIONARY? ARE WE NOT CITIZENS OF KYLE, THE ONE YOU SAID YOU WANT TO WORK HARD TO REPRESENT? YOU SAID THAT YOUR SUPPORT IS NOT GIVEN. IT'S EARNED. COUNCILMEMBER HEIZER, YOU HAVE A TRACK RECORD OVER THE PAST FEW YEARS, AND SADLY, YOU HAVE NOT SHOWN THE NEEDED INTEGRITY, RESPECT OR LEADERSHIP SKILLS TO EARN MY VOTE. MAYBE YOU THINK MY VOICE IS JUST NOISE AND NOT REAL. IF TRUTH BE TOLD, IT SOUNDS TO ME LIKE YOUR RELATIONSHIP TO THE TRUTH IS CASUAL. THE CITY OF KYLE DESERVES MORE THAN THIS. THANK YOU, THANK YOU. UP NEXT, WE HAVE STEPHANIE MCDONALD. GOOD EVENING, MEMBERS OF COUNCIL. IT'S THE LAST MEETING BEFORE THE ELECTION. I URGE EVERY REGISTERED VOTER TO GET OUT AND VOTE. WE HAVE A GREAT OPPORTUNITY FOR POSITIVE CHANGE IN OUR BEAUTIFUL CITY. I'D LIKE TO COMMEND COUNCIL MEMBERS TIBBETTS AND ZUNIGA FOR THEIR COMMITMENT TO INTEGRITY. THIS IS VITAL FOR LEADERSHIP. I STILL DON'T UNDERSTAND WHY THE CITY FILED AN ETHICS COMPLAINTS AGAINST COUNCILMEMBER ZUNIGA, WHICH FROM THE ONSET WAS FRIVOLOUS. THE COMPLAINT WAS NOT LEGALLY SUFFICIENT. IN ADDITION TO VIOLATING THE CODE, WHICH CLEARLY STATES NO ONE CAN FILE A COMPLAINT ON ANOTHER'S BEHALF, CANDIDATE CLAUDIA ZAPATA HAS NOT RESIDED IN KYLE FOR 12 CONSECUTIVE MONTHS.

PRIOR TO FILING HER APPLICATION FOR CITY COUNCIL, RESIDENTS WERE TOLD THE CITY USES VOTER RECORDS TO VERIFY SHE LIVED IN THE CITY FOR THE QUALIFYING 12 CONSECUTIVE MONTHS. YOU WERE PRESENTED WITH EVIDENCE THAT YOU STATED YOU WOULD NOT USE YET, CLAUDIA PUBLICLY ADMITTED DURING A CANDIDATE FORUM THAT SHE HAD MOVED TO AUSTIN TO LIVE WITH HER MOM BECAUSE OF A RELATIONSHIP ISSUE, CAUSING HER TO HAVE TO MOVE TO A SAFE PLACE. WHY NOT STAN KYLE? THERE'S BEEN NO KNOWN INVESTIGATION. WAS THERE A POLICE REPORT FILED REGARDING THIS DANGEROUS SITUATION? WAS THERE A RESTRAINING ORDER? DID CLAUDIA MOVED BACK TO HER UNSAFE HOME? DID SHE MOVE BACK WITH THE PERSON SHE WAS FLEEING? WHY WASN'T THIS INVESTIGATED? SHE DOESN'T QUALIFY AS A CANDIDATE. ACCORDING TO OUR CITY CHARTER, CLAUDIA ZAPATA HAS BEEN MAKING FALSE STATEMENTS ABOUT COUNCIL MEMBER ZUNIGA AFTER SIGNING THE ETHICS AGREEMENT TO RUN A FAIR AND HONEST CAMPAIGN, THE CITY HAD HER SIGN THAT FORM. WHAT WAS THE POINT? IF THERE'S NO ENFORCEMENT? SHE'S ALSO BEEN COMPLAINING ABOUT COUNCIL MEMBER ZUNIGA'S VOTE ON THE FLOOR CAMERAS, BUT SILENT ON COUNCIL MEMBER RIZZO'S SUPPORTIVE VOTES FOR THE CAMERAS, WHICH IS DISCRIMINATORY. WE NEED FAIR AND IMPARTIAL COUNCIL MEMBERS ON THE DAIS. SHE ALSO CALLED ANOTHER CANDIDATE AN INSURRECTION SUPPORTER. THIS RHETORIC IS DIVISIVE FOR OUR CITY COUNCIL MEMBERS WHO ARE TAKING CAMPAIGN DONATIONS FROM DEVELOPERS, CONTRACTORS AND LOBBYISTS THAT HAVE STRONG FINANCIAL INTEREST IN KYLE.

THAT'S NOT THE TYPE OF ETHICS WE WANT ON THE COUNCIL. IT ALLOWS YOUR VOTE TO BE SWAYED.

WHEN YOU'RE ACCEPTING THESE FUNDS, VOTERS NEED TO DO THEIR HOMEWORK. WHERE I'VE NOTICED ALSO THAT WHEN STRUCTURE POINT HAS BEEN PRESENTING, THE MAYOR HAS NOT BEEN PRESENT. I SEE HE'S HERE VIRTUALLY AND I HOPE HE'S HERE FOR THIS VOTE. I HOPE HE'S NOT TAKING A JOB WITH STRUCTURE POINT WHEN HE LEAVES. THAT WOULDN'T BE ETHICAL. WE'VE WITNESSED COUNCIL MEMBER HEIZER, ON MORE THAN ONE OCCASION, LOSE CONTROL OF HIS TEMPER. THAT DOES NOT MATCH A LEADERSHIP QUALITY THAT'S NEEDED FOR OUR CITY. WHEN ATTENDING HIS MEET AND GREET TO SIMPLY HEAR HIS VISION FOR OUR CITY, MY HUSBAND HELPED HIM SET UP TABLES AND CHAIRS WHEN HE SPOKE. I RECORDED HIS TALK PARTWAY THROUGH. HE WAS RATTLED AND ASKED ME TO STOP RECORDING.

EVEN THOSE OTHERS HAD RECORDED. DURING HIS TALK, HE ACCUSED ME OF WANTING TO PUT MY RECORDING ON SOCIAL MEDIA. I IMMEDIATELY STOPPED RECORDING, EXPLAINED I'M NOT ON SOCIAL MEDIA. I WAS TAKEN ABACK AS WE WERE IN A PUBLIC SETTING IN A PUBLIC FORUM. WHY WOULD HE THINK THIS WAS INAPPROPRIATE? HE THEN ACCUSED ME OF BEING SENT THERE BY SOMEONE AND I ASSURED HIM

[00:25:01]

MY BACK FENCE IN HOMETOWN. KYLE. THIS BEGS THE QUESTION HOW WILL RESIDENTS OF HOMETOWN KYLE OR CYPRESS FOREST ACCESS THIS PARK PARKING WE COULD PARK WITHIN THE SIX CREEK SUBDIVISION ALONG COLD RIVER RUN, OR PARK ON THE EXPANDED OLD STAGECOACH ROAD. WELL, WILL THERE BE PARKING? YOU SAID COUNCIL AND STAFF HAVE SAID THAT THE TRAIL WON'T BE INTEGRATED DIRECTLY INTO THIS PARK, BUT I'M GLAD THE CITY HAS THOUGHT THIS THROUGH, WHICH IS EVIDENT THAT IT HASN'T. ANOTHER ITEM. SPEAKING ON AGENDA ITEMS TEN AND 11, THESE AMENDMENT INCREASES THE AMERICAN STRUCTURE POINT CONTRACT TO NEARLY EIGHT BY NEARLY $850,000 FOR THE BEEBE ROAD PROJECT, BRINGING THE TOTAL DESIGN COST TO OVER 4.7 MILLION. GIVEN THE SUBSTANTIAL FINANCIAL INCREASE IN THE RECENT VENDOR CAMPAIGN CONTRIBUTIONS, I'LL ASK TWO THINGS WILL THE CITY ATTORNEY ADVISE ON THE NECESSITY OF RECUSAL FOR TONIGHT'S VOTE FOR CONFLICT OF INTEREST? WILL COUNCIL DIRECT STAFF TO PLACE A COOLING OFF OR PAY TO PLAY POLICY REVIEWING ON THE FUTURE AGENDA FOR THE CHARTER AND ETHICS CODE? I DON'T THINK WE'VE GONE TOO FAR FOR THE OLD STAGECOACH ROAD. YES, WE'VE I THINK CITY MANAGER SAID IT'S BEEN $1 MILLION. WE'VE ALREADY INVESTED SINCE JUNE. WE'VE BEEN CRYING AND ASKING AND BEGGING FOR THE OPPORTUNITY TO HAVE COMMUNITY MEMBER AND COMMUNITY. HOMETOWN CALLS CYPRESS FOREST INPUT INTO THE DESIGN, AND WE'VE BEEN SHUT OUT. SO I'M ASKING PLEASE TO TO CONSIDER THE COMMENTS TODAY. AND LET'S GO BACK TO THE DRAWING BOARD. THANK YOU. ALL RIGHT. THANK YOU EVERYBODY. CITIZEN COMMENTS IS NOW CLOSED. EXCUSE ME I'D LIKE TO SPEAK I'M PRETTY BIG INTO ALL THAT. YOU KNOW I'M HERE BUT I'M HERE FOR I JUST GOT YOUR FORM. OKAY. THANK YOU. UP NEXT IS. SORRY. UP NEXT IS VALERIE DEYO. YES. MY BREATH. I'VE BEEN DRIVING IN TRAFFIC, AND I'VE BEEN HERE BEFORE, SO I KNOW YOU KNOW WHO I AM. I'M NOT EVEN GOING TO USE MY NOTES, BUT I'M JUST GOING TO JUST TAKE YOU THROUGH A SEQUENCE. MY TIME IS STARTING. I'VE ALREADY STARTED. I'M VALERIE DEAL. I'M A SUPPORT AGENT FOR HOWARD GREEN, MY UNCLE AT 21, 2021 CYPRESS ROAD INITIALLY STARTED AT THE END OF THE DOMAIN PROCESS JULY 20TH 24TH, AND IT WAS FOUND OUT IN JUNE 6TH THAT THE ENGINEER SAID THAT THE SURVEY WAS SHORT. I HAVE DOCUMENTATION FOR THAT. ON OCTOBER 9TH, I MET WITH AMBER SMITH, KEN AND MARIA BELTRAN. HE STATED TO THEM, MY SURVEY IS SHORT, IT'S 100FT■!S. PLEASE GET THAT CORRECTED. I HAVE NO PROBLEMS WITH THE DOMAIN. FIX MY SURVEY. I DID A JUSTIFICATION MOTION DECEMBER 16TH. IT WAS REJECTED. DECEMBER 21ST I GOT AN OFFER EMAIL SENT

[00:30:02]

AND NOW THIS FAKE SURVEY HAS BEEN PUT INTO ABATEMENT HEARINGS. WE HAVE A FINAL OFFER FROM DAVID BAYLOR, THE APPRAISAL PEOPLE, TO MY UNCLE. THEY SENT HIM DOCUMENTS THAT HE'S BLIND COURIERS TO HIS HOUSE. HE CANNOT SEE THE SIGN. AND THIS FINAL OFFER HAS NO SEAL AND STAMP ON IT, MAKING IT ILLEGAL. THE REVISED OFFER WAS SENT FROM THE ATTORNEY SAYING, OH, THIS IS A REVISED OFFER. WE'VE GOT REVISED OFFERS. THE SPECIAL COMMISSION HEARING.

WE'VE BEEN PUSHED TO THE SPECIAL COMMISSION HEARING. HE DOESN'T HAVE AN ATTORNEY. I'VE FILED MOTIONS TO DISMISS BECAUSE THERE'S NOT A VALID SURVEY. AND NOW THE JUDGE, JIMMY HALL, IS SAYING SHE CANNOT BE A SPECIAL SUPPORT AGENT BECAUSE SHE'S NOT LEGAL, BLOCKING EVERY REJECTION THAT WE'VE HAD, ALL THE THINGS THAT THE CITY HAS DONE WITH MY UNCLE THAT YOU GUYS ALL KNOW ABOUT, I'VE SENT EMAILS, OVER 50 EMAILS TO EVERY SINGLE COUNCIL MEMBERS STATING THIS IS SPECIAL COMMISSION HEARING, HAS MISSING SIGNED SIGNATURES FROM THE COMMISSIONERS. WE NEVER GOT THE PHONE NUMBER FROM THEM. AND A LOT OF THIS IS NOT EVEN STAMPED AND DATED. SO HOW CAN YOU HAVE A VALID SURVEY AND OFFER AN APPRAISAL FOR SOMEONE'S PROPERTY WHEN THERE'S NO LEGAL STAMP? PAPE DAWSON DID NOT DO THE SURVEY. THE 25 OFFER SAYS THE CITY DID IT. THAT'S NOT IMPARTIAL. KEN SIECK HAS BEEN ABLE TO RUN HARASS MY UNCLE. I HAVE DOCUMENTS OF THE CITY COUNCIL SAYING, PLEASE STOP THIS. HE HAS ADA COMPLIANCE.

HE'S BLIND. NO ONE HAS GIVEN HIM THAT. I'M IN SUPPORT AGENT. I'M BEING BLOCKED NOW. I CANNOT FILE A MOTION FOR MY UNCLE. ALL THESE DOCUMENTS SHOW FAKE SURVEYS. THERE'S NOT ONE VALID SURVEY SHOWS THE EXACT TRACK. INMATE MCCOY. TRACK TWO SHOULD BE ON THAT NEW SURVEY. IT'S NOT ON ANY OF THEM. SO WHATEVER YOU PRESENTED, IT'S BEEN ALTERED IS NOT ACCURATE. IT'S INVALID, AND YOU ALL KNOW IT. I REACHED OUT TO YOU. MARK REACHED OUT TO YOU? ROBERTSON. THERE WAS A NEW HEARING COMING UP. IT WAS SUPPOSED TO BE CANCELED AND VOIDED OUT. THIS WHOLE THING HAS BEEN VOIDED, THE WHOLE PROCESS. AND YET YOU GUYS HAVE STRESSED MY UNCLE OUT THAT HE'S ABOUT TO DIE. HE'S LOST OVER 60 POUNDS. HE'S SO STRESSED OUT FROM YOU GUYS. AND YOU KNOW WHAT HE'S DONE? HE HAS RUN OVER THIS WHOLE THING, ATTACKING PEOPLE THAT'S BLIND, BLOCKING ME FROM REPRESENTING MY UNCLE. ALL RIGHT, MISS DEYO, YOUR TIME IS UP. YOU CANNOT HAVE AN INVALID SURVEY WITHOUT A MISS DEYO. YOUR TIME. YOUR TIME IS UP THROUGH THIS HEARING, MISS.

MISS DEYO, YOUR TIME IS UP. THE DOCUMENTS IN THE FILE, THEY ADDED NEW DOCUMENTS TO MY PR SUBMISSION. I HAVE TWO SURVEYS, MISS DEYO. THIS IS THE LAST TIME. CAN YOU PLEASE. GIVE THEM TO YOU? I CALLED AN ETHICS COMMISSION, MISS DEYO. SO HARD TO GET IT. TO GET IT FILED.

EVERY SINGLE THING YOU DO FOR THE CITY, YOU GUYS TRY TO BLOCK PEOPLE. I'M NOT. YEAH. YES.

OKAY. THANK YOU. WHAT I'M SAYING IS TRUE. IS OKAY. ANYONE ELSE WISH TO SPEAK? I SIGNED ON THE LIST. I'M NOT SURE WHY YOU DON'T HAVE MY NAME, I. ALL RIGHT, WELL, IF YOU DON'T MIND FILLING OUT A FORM, WE'D REALLY APPRECIATE IT. OH. OKAY, SIR. PLEASE STATE YOUR NAME FOR THE RECORD, I WILL. FIRST, I'LL LET YOU KNOW THAT I'M MUCH EASIER. MY NAME IS DWAYNE IDELLA. I'M A FORMER PROPERTY OWNER HERE IN KYLE NOW, CURRENTLY A SAN MARCOS RESIDENT. BUT I'M FINANCIALLY SUPPORTING MY WIFE AND AN ELDERLY AUNT AT ORCHARD PARK, SO I'M SURE I'M CONTRIBUTING TO THE KYLE'S OPERATIONS. I'M HERE TODAY BECAUSE I'VE BEEN A LONG TERM FOSTER GRANDPARENT FOR CATS THAT MY DAUGHTER, DOCTOR HEATHER IDELLA, RESIDENT OF KYLE, HAS FOSTERED. I'M HERE TO PUT ON PUBLIC RECORD TWO THINGS THAT I BECAME AWARE OF THIS WEEK. ONE IS THE APPROVAL BY THIS COUNCIL FOR KYLE TO MOVE AHEAD WITH AN ANIMAL RESOURCE CENTER, AND THE SECOND, A ANNOUNCEMENT BY THE PAWS BOARD THAT THERE WERE TEMPORARY CLOSING THE KYLE PAWS LOCATION, WHICH THIS JANUARY WILL BE THE 40TH ANNIVERSARY. I'M ASKING

[00:35:01]

AND I WON'T TAKE TOO MUCH TIME. I KNOW WE'VE GOT TO HAVE YOU, BUT I JUST WANTED TO AGAIN RECOGNIZE AS WE CONTINUE TO AGAIN RECOGNIZE THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS, I ALSO WANT TO MAKE SURE THAT WE ARE VERY AWARE OF THE COMMUNITY OUTPOURING THAT WE HAVE, ESPECIALLY WITH THE UNFORGETTABLE FAMILIES. THE PILLOWS OF PEACE PROGRAM IS STILL CONTINUING TO GO ON. I JUST WANTED TO MAKE AN ANNOUNCEMENT ON NOVEMBER THE 1ST, 2025 AT WALMART. THEY WILL CONTINUE TO HAVE THE COLLECTION OF THE PILLOWS THAT WILL BE HAVING THE DROP OFF LOCATIONS AT THE FIRE DEPARTMENT AREA ZONES AND KYLE POLICE DEPARTMENT. AND AGAIN, JUST WANTED TO CONTINUE TO RECOGNIZE THE AWARENESS OF DOMESTIC VIOLENCE. AND ALSO THE GREAT WORK, THE UNFORGETTABLE FAMILIES, INCLUDING DOCTOR MR. MISS CYNTHIA BENTLEY AND HER ORGANIZATIONS PROVIDE. SO I JUST WANTED TO PASS THAT ON.

THANK YOU, MAYOR PRO TEM, FOR THAT. YEAH. THANK YOU COUNCILMEMBER. ALL RIGHT. UP

[IV) Agenda Order]

[3) A proclamation recognizing Texas Arbor Day.]

AND WHEREAS THE CITY OF KYLE IS COMMITTED TO PRESERVING ITS NATURAL RESOURCES, DEMONSTRATED BY THE CITY COUNCIL'S CONTINUED SUPPORT OF BEAUTIFICATION, REFORESTATION AND CONSERVATION PROJECTS. AND WHEREAS TREES REDUCE THE EROSION OF PRECIOUS TOPSOIL BY WIND AND WATER, CONSERVE ENERGY BY LOWERING HEATING AND COOLING COSTS, MODERATE TEMPERATURES CLEAN THE AIR, PRODUCE LIFE GIVING OXYGEN, AND PROVIDE ESSENTIAL HABITAT FOR WILDLIFE. AND WHEREAS TREES ARE A REMARKABLE RESOURCE THAT PROVIDE US WITH PAPER, LUMBER FOR OUR HOMES, FUEL AND COUNTLESS OTHER PROJECTS PRODUCTS, AND WHEREAS TREES IN OUR COMMUNITY INCREASE PROPERTY VALUES, STRENGTHEN THE ECONOMIC VIABILITY OF BUSINESS AREAS, AND ENHANCE THE BEAUTY OF OUR NEIGHBORHOODS AND PUBLIC SPACES. AND WHEREAS WHEREVER THEY ARE PLANTED, TREES BRING JOY, NATURAL BEAUTY, AND SPIRITUAL RENEWAL TO ALL WHO EXPERIENCE THEM. I THEREFORE, LAURALEE HARRIS, COUNCIL MEMBER, DISTRICT FOUR OF THE CITY OF KYLE, TEXAS, DO PROCLAIM

[00:40:04]

DOES ANYONE HAVE ANY COMMENTS? NO. ALL RIGHT. UP NEXT IS PROCLAMATION RECOGNIZING

[4) A proclamation recognizing Sergeant Cleary and Corporal Waters for their life-saving efforts.]

YEAH. THANK YOU. SO I HAD SOME DIALOG ON WHERE WE ARE AS A CITY WHEN I HIT THE DAIS IN 2019. COUNCIL WAS DISCUSSING REHOUSING OUR POLICE DEPARTMENT. THEY'RE LOOKING FOR OPTIONS, EITHER RETROFIT OR BUILDING SOMETHING NEW. COUNCIL AT THE TIME WORKED TOGETHER TO BRING FORWARD THE PUBLIC SAFETY CENTER BOND WITH THE BOND. WE BROUGHT FORWARD THE BUILDING.

THE NEW PUBLIC SAFETY CENTER IS GOING TO SERVE EVERYONE IN OUR COMMUNITY. THAT WAS THE FIRST REAL INVESTMENT WE MADE IN OUR POLICE DEPARTMENT. NEXT WE DID WAS MAKE SURE THAT WE AS A CITY, INVESTED IN OUR OFFICERS AS WELL. OUR OFFICERS WERE PROBABLY THE LOWEST PAID IN THE REGION. WE ARE NOW VERY COMPETITIVE IN PAY. THIS WAS THE EMPHASIS WE HAD EARLY ON AS A COUNCIL TO MAKE SURE KYLE WAS A SAFE PLACE TO LIVE AS GROWTH WAS HAPPENING. THAT COMMITMENT WAS TO BRING IN THE BEST OFFICERS, THE BEST THAT WOULD WANT TO COME IN WITH A SERVANT'S HEART AND SERVE THE CITY OF KYLE, BECAUSE THEY SERVE EVERY CITIZEN IN KYLE.

THAT INVESTMENT HAS PAID DIVIDENDS AND IT AND IT'S MY PLEASURE TO TO SHOW SOME OF THAT COMMITMENT AND WHAT WHERE WE ARE NOW AS A CITY. AND WITH THAT I'D LIKE TO READ THIS PROCLAMATION CITY COUNCIL PROCLAMATION. WHEREAS ON SEPTEMBER 23RD, TWO OFFICERS FROM THE KYLE POLICE DEPARTMENT RECEIVED MULTIPLE AWARDS FOR THEIR LIFE SAVING EFFORTS. AND WHEREAS BOTH SERGEANT CLEARY AND CORPORAL WATERS ARE PROMINENT MEMBERS OF THE HAYS COUNTY REGIONAL SWAT TEAM AND HAVE DISPLAYED AN UNWAVERING COMMITMENT TO SAFETY DURING CRITICAL INCIDENTS, AND SERGEANT CLEARY RECEIVED THE MEDAL OF VALOR FOR HIS BRAVERY DURING A HIGH RISK SPECIAL WEAPONS AND TACTICS SWAT CALL. THE INCIDENT BEGAN AS THE WELFARE CONCERNS FOR A MOTHER AND A CHILD, BUT FURTHER INVESTIGATION REVEALED THE MOTHER HAD BEEN ASSAULTED BY HER HUSBAND, WHO WAS DETERMINED TO BE AN IMMINENT THREAT TO THE FAMILY, AND A COORDINATED HOSTAGE RECOVERY. SERGEANT CLEARY COURAGEOUSLY RESCUED THE CHILD FROM THE HOME AND AWAY FROM THE DANGEROUS DOMESTIC VIOLENCE SITUATION, AND WHEREAS CORPORAL WATERS RECEIVED TWO SHERIFF'S APPRECIATION AWARDS FOR SEPARATE INCIDENTS, IN THE FIRST, HE RESPONDED TO A VIOLENT ATTACK THAT ESCALATED INTO AN ARMED AND BARRICADED SUSPECT. WORKING WITH A TEAM OF CRISIS NEGOTIATORS, CORPORAL WATERS HELPED FACILITATE THE SUSPECT'S VOLUNTARY SURRENDER WITHOUT FURTHER ESCALATION. DURING THE SECOND INCIDENT, CORPORAL WATERS ENCOUNTERED A COMBAT VETERAN IN THE MIDST OF SEVERE MENTAL HEALTH CRISIS MARKED BY EXTREME PARANOIA AND EMOTIONAL INSTABILITY. THROUGH RAPPORT BUILDING, HE REGAINED THE INDIVIDUAL'S TRUST AND GUIDED THE SITUATION TO A SAFE AND PEACEFUL RESOLUTION. NOW, THEREFORE, IN RECOGNITION OF OF THE AWARDS, HIGHLIGHTED THE COMMENTS OF THE KYLE POLICE DEPARTMENT OF PUBLIC SAFETY. SORRY, THE COMMITMENT OF THE KYLE POLICE OFFICERS TO PUBLIC SAFETY. I ROBERT RIZZO, COUNCIL MEMBER, DISTRICT TWO AND THE ENTIRE CITY COUNCIL, DO HEREBY HONOR SERGEANT MARINE CORPORAL WATERS FOR SERVICE AND THE CONTRIBUTIONS EACH HAS MADE TO THE KYLE COMMUNITY. I JUST WANT TO FINISH OFF IS BY SAYING THE INVESTMENT THAT WE'VE MADE INTO OUR POLICE DEPARTMENT HAS BROUGHT THE BEST OFFICERS TO OUR CITY. WE WE ARE RECRUITING GREAT OFFICERS, AND THESE ACTIONS SHOW THE GREAT WORK THEY'RE DOING. THESE INSTANCES COULD HAVE ENDED REALLY TRAGICALLY. AND BECAUSE THEIR QUICK THINKING AND THEIR CARE FOR THE COMMUNITY, THEY ACTED IN A BRAVE MANNER AND WERE ABLE TO BRING THAT SITUATION INTO A PEACEFUL ENDING. SO I JUST WANT TO SAY THANK YOU TO BOTH OF YOU AND FOR ALL YOUR WORK. THANK YOU VERY MUCH. I WAS LOOKING FOR YOU ON MY LEFT. I WAS LIKE, THEY GOT US FLANKED OVER HERE.

THEY GOT US FLANKED. ALL RIGHT. ANYBODY WANT ANYBODY, ANYONE LIKE TO TO SAY ANYTHING? WOULD YOU TWO GENTLEMEN COME TO THE PODIUM? BY THE WAY, THE CITY CAN ALSO ACKNOWLEDGE YOU AS WELL, IF YOU DON'T MIND. SORRY. SO THEY COULD SEE YOU. AND ON BEHALF OF MYSELF AND OF COURSE, THE REST OF THE DAIS. THANK YOU BOTH, GENTLEMEN, FOR YOUR BRAVE ACTIONS THOSE DAYS. I'LL NEVER FORGET SEEING A SPECIFIC VIDEO. NOT NOT IN THIS SITUATION OF A VETERAN THAT WAS PULLED OVER ON THE SIDE OF THE HIGHWAY THAT WAS GOING THROUGH EMOTIONAL PTSD INCIDENT, AND HE WAS ON THE LINE WITH THE SUICIDE HOTLINE, AND THAT OFFICER THERE WAS ABLE TO HELP ASSIST HIM

[00:45:02]

AND AND I REALLY JUST APPRECIATE EVERYTHING YOU GUYS DO. AND, AND, YOU KNOW, YOU'RE YOU'RE A TESTAMENT TO THE DEPARTMENT. WE APPRECIATE YOU GUYS. JUST WANT TO ECHO WHAT EVERYONE ELSE SAYS. WOULDN'T BE SURPRISED THAT IT WAS BOTH OF YOU. JUST BECAUSE I'VE INTERACTED WITH Y'ALL. AND I KNOW Y'ALL'S HEART HOW Y'ALL SERVED THE COMMUNITY. SO GREAT JOB. GREAT. THANK YOU FOR YOUR BRAVERY AND SERVICE. THANK YOU. YEAH. CAN WE CAN WE TAKE A PHOTO? YEAH, LET'S. ALL RIGHT. READY? ONE. TWO THREE. OKAY. THANK YOU GUYS.

ROCK. ALL RIGHT. UP NEXT ON THE AGENDA NUMBER FIVE RECEIVER REPORT. HOLD A

[5) Receive a report, hold a discussion, and provide staff feedback regarding the Old Stagecoach heritage Live Oak tree relocation and proposed pocket park.]

[00:50:03]

WE'VE HAD THE GREAT PLEASURE OF WORKING WITH THE PARKS DEPARTMENT AND THE CONSERVATION DEPARTMENT ON THIS PLAN, AND IT'S BEEN A GREAT PROCESS FOR US. AS YOU CAN SEE, THE THE KIND OF YOU CAN'T REALLY SEE, IT'S REALLY HARD TO READ, BUT THAT'S WHERE THE PARK IS THERE ON OLD STAGECOACH ROAD, ABOUT A QUARTER OF A MILE. AS MR. ATKINSON SAID OF THE TREE WHERE IT'S BEING MOVED FROM. FOR THE DESIGN OF THE PARK, WE REALLY WANTED TO FOCUS ON THE HERITAGE OF THE COMMUNITY AND THE RESPECT FOR THE NATURAL ENVIRONMENT AND AN OPPORTUNITY TO STRENGTHEN COMMUNITY. WE WORK THROUGH SEVERAL CONCEPTS WITH CITY STAFF ON THE PARK DESIGN, AND IDENTIFIED SOME OF THE KEY ELEMENTS THAT WE THOUGHT WERE MOST IMPORTANT, AND WHAT TO INCORPORATE INTO THE PARK DESIGN. AND THIS CONCEPT PLAN REFLECTS THOSE ELEMENTS THAT WE THOUGHT WERE MOST IMPORTANT. THE FIRST THING, OF COURSE, IS TO PROMINENTLY SHOWCASE THE RELOCATION OF THE TREE SO THAT EVERYONE CAN SEE IT, BOTH FROM STAGECOACH ROAD AND WITHIN THE PARK ITSELF. WE ALSO WANTED TO REALLY FOCUS ON THE HISTORY AND TO EMPHASIZE THE RELATIONSHIP THAT THIS TREE HAS FROM HAVING BEEN ON THE OLD STAGECOACH ROUTE, AS WE HEARD A LITTLE BIT ABOUT EARLIER THIS EVENING FOR THE STAGECOACH ROUTE BETWEEN SAN ANTONIO AND AUSTIN AND THE 100 OVER 100 YEARS OF PEOPLE PASSING UNDERNEATH THIS TREE, POSSIBLY STOPPING TO TAKE A BREAK IN ITS SHADE AND THE IMPORTANCE THAT IT'S PLAYED IN BRINGING COMMUNITY TOGETHER IN KYLE, WE ALSO WANTED TO PROVIDE A PLACE FOR PEOPLE TO COME TOGETHER.

AND SO IN THIS DESIGN, WE'VE PROVIDED A CENTRAL LAWN AREA ADJACENT TO THE TREE WITH LOTS OF SEATING, WATER FOUNTAIN AND THE OPPORTUNITY FOR EVERYONE TO HAVE A PLACE TO GATHER. THERE'S ALSO SEVERAL WALKING ROUTES WITHIN THE PARK IN THE ADJACENT. THE POND IMMEDIATELY TO THE SOUTH OF THE PARK, AND THEN THE NEW WALKS AND THE NEW TRAIL THAT WILL BE BUILT ALONG WITH THE EXPANSION OF OLD STAGECOACH ROAD AND HOW THIS PARK WILL TIE INTO THOSE ELEMENTS. WE ALSO WANTED TO PROVIDE A STRENGTHENING OF THE ENVIRONMENT, AND IN DOING THIS, WE ALSO WANTED TO REDUCE THE AMOUNT OF MAINTENANCE THAT THE CITY WOULD HAVE TO FACE IN TAKING CARE OF THIS PARK. SO OVER HALF OF THE PARK IS DESIGNED TO BE RETURNED TO NATIVE PLANTINGS THAT REFLECT THE TIME WHEN THE STAGECOACH ROUTE WAS ACTUALLY IN PLACE, AND FOCUSING ON THE TRANSITION IN THIS AREA BETWEEN THE SAVANNA AND THE EDWARDS UPLIFT

[00:55:07]

BUT THEN WE WILL HAVE SOME SEATING THAT WILL BE VERY CLOSE TO THE TREE. AND JUST SOME KIND OF IMAGERY HERE THAT WOULD BE FURTHER DEVELOPED IN THE CONSTRUCTION DRAWINGS. AND THEN CURRENTLY THIS IS NOT INCLUDING, OF COURSE, THE MOVING AND CARE OF THE TREE, BUT THE IMPROVEMENTS THAT ARE SHOWN IN THIS PLAN. ARE OPINION OF COST ON THIS IS IS CURRENTLY RIGHT AT AROUND $680,000 FOR THAT. AND THEN JUST SOME OF THE COMMENTS THAT WE RECEIVED DURING THE PARKS BOARD MEETING AND HAVE ALREADY STARTED TO TAKE INTO ACCOUNT AS WE START CONSIDERING FURTHER DESIGN OF THE PARK. SO MAKING SURE THAT WE HAVE, YOU KNOW, THAT IT IS A PARK THAT'S ACCESSIBLE FOR EVERYBODY. AND THEN THE DISCUSSION THAT I ALREADY MENTIONED ABOUT PROTECTING THE ROOT ZONE OF THE TREE. SO I DON'T KNOW IF YOU WANTED TO

[01:00:04]

THANK YOU. IT LOOKS BEAUTIFUL. I JUST HAVE A QUICK A FEW, FEW QUICK QUESTIONS. SOMEBODY FOR BRIAN. SO SINCE THE PROPERTY IS BEING DEEDED OVER, WE'RE ACCEPTING IT. THAT MAKES IT PUBLIC FOR ALL RESIDENTS TO TO VISIT. THAT'S CORRECT. THAT'S CORRECT. YES. I THINK WE HAD MR. ROCHA COME UP AND SPEAK AND HE SAID, WHERE WHERE ARE WE PLANNING FOR PEOPLE TO PARK? I GUESS, TO BE ABLE TO WALK OVER THERE IF THEY DON'T LIVE IN THE NEARBY AREA WHERE THEY CAN, YOU KNOW, JUST WALK OVER? YEAH. I THINK, AGAIN, WE HOPE THAT THIS IS A PARK THAT'S AVAILABLE FOR ALL RESIDENTS. AS WE'VE MENTIONED, IT IS A PUBLIC PARK, SO YOU'RE GOING TO HAVE A LOT OF PEDESTRIAN AND BICYCLE ACTIVITY THERE. AND I'LL MAYBE ASK MR. LOPEZ IF THERE'S ANY CONSIDERATION FOR PARKING THAT THEY'VE CONSIDERED FOR THE SITE. IT'S MOSTLY FOR PASSIVE RECREATION. AND SO WE'VE WE'VE NOT ADDED ANY MORE IMPERVIOUS SURFACING TO THE PROJECT, HOPING THAT THERE'S ADEQUATE STREET PROJECT. I FORGET THE NAME OF THE ROAD THAT'S ADJACENT TO THE PROPERTY. THERE IS SOME WHERE ALONG THE DETENTION POND WHERE NO HOMES ABUT THAT MIGHT BE ADEQUATE FOR THAT. PLACES THAT WE'VE PARKED AT WHEN VISITING THE SITE, THEN THE TRAIL CONNECTIVITY THAT WOULD EVENTUALLY COME IN WITH IT ALONG WITH THE PROJECT. SO.

SO THERE ARE REALLY NO PARKING SPACES OVER THERE? NO. IT'S MORE LIKE A NEIGHBORHOOD PARK WHERE YOU WALK UP, CYCLE UP, AND MINIMAL PARKING FROM FOR DESTINATION USAGE. I GUESS SOME OF THAT IS TO KEEP THE NATURAL CONCEPT DESIGN. YEAH, TO TO REDUCE THE AMOUNT OF IMPERVIOUS SURFACING THAT WE ADD FOR THE SEPARATE PROJECT. IT'S ALSO A SMALL SITE. IT'S ABOUT 1.2 ACRES, IF MY MEMORY IS CORRECT, SOMETHING LIKE THAT. SO IT'S A VERY SMALL AREA AS WELL. YEAH.

SO IT'LL BE MORE, I GUESS MORE DESIGNED FOR PEOPLE WALKING OR RIDING BICYCLES OUT THERE IN THE AREA. YEAH. MINIMAL DESTINATION TYPE TRAFFIC, MINIMAL DESTINATION. WHAT ARE YOU ALL LOOKING AT IN TERMS OF THE SEATING? JUST ROCKS INCORPORATING PARK BENCHES ALONG THAT ARE ALSO APPROPRIATE TO THE HISTORIC DESIGN ELEMENTS. I THINK THAT THE DRAINAGE FEATURES KIND OF ENHANCE THAT. I'M GLAD THAT Y'ALL CONSIDERED THAT INTO THE DESIGN AROUND THE TREE, SO JUST KEEP GETTING FEEDBACK. YOU KNOW, FROM THE PARKS AND RECS AS YOU ALL MOVE FORWARD. IT WOULD BE MY ONLY RECOMMENDATION. YES, SIR. ANY OTHER QUESTIONS FOR MR. LOPEZ? NO. OKAY. WELL WE'LL CONSIDER JUST JUST REAL QUICK. I JUST THOUGHT OF SOMETHING RIGHT NOW BEING THAT THE TRAILS ON THE OTHER SIDE, DO WE HAVE ANY PLANS FOR ANY OTHER PROJECTS NEAR THE AREA WHERE WE COULD PROBABLY DO SOME PARKING, EVEN IF IT'S GOLF CART OR SOMETHING LIKE THAT? WHEN WE'RE LOOKING AT THE PROPERTY ACROSS THE STREET, THAT'S UP ON 150 AND VETERAN, I'M SORRY, STAGECOACH IN 150, THE UNDEVELOPED PROPERTY. COULD WE LOOK AT MAYBE INCORPORATING WITH THAT DEVELOPER TO MAKE SURE WE COULD GET SOME, MAYBE CAR PARKING OR SOMETHING THAT WE COULD USE THAT TO COME OVER TO THE DEVELOPMENT. I MEAN, THERE'S SOME OPTIONS OUT THERE. I MEAN, MR. ROCHA BROUGHT UP A GREAT CONCERN. I'M THINKING TO MYSELF IN MY HEAD, HOW CAN WE ADDRESS THAT? THAT MIGHT BE WITH DEVELOPMENT IN THE AREA IF WE'RE IF WE'RE BUILDING A ROAD AND WE'RE BUILDING THE TRAIL, MAYBE DEVELOPER WILL BE AMENABLE TO BUILD SOMETHING THERE WHERE WE COULD PARK SOMETHING, SOMETHING TO LOOK AT OPTION WISE. ABSOLUTELY. WE CAN CERTAINLY TAKE A LOOK AT THAT. SOME OF THE VIBE ACTIVITY NODES THAT HAVE BEEN PROPOSED TO SEE WHAT KINDS OF OPTIONS THERE ARE THERE THAT PROBABLY ARE MORE THERE AT THAT LOCATION. SO WE CAN CERTAINLY LOOK AT THAT. THAT'S A GREAT IDEA. ANYONE ELSE THERE'S OTHER FEEDBACK. WE'LL. TOBIAS. OH YES. WELL I'M LOOKING AT IT IN A DIFFERENT WAY. I'M YOU KNOW IS THIS GOING TO BE A DESTINATION SPOT FOR THE CITY OR IS IT JUST GOING TO

[01:05:04]

[6) Receive a report, hold a discussion, and provide staff feedback regarding the updated Police Department Data Transparency webpage and proposed scope of work for a comprehensive citywide data policy.]

[01:10:01]

THIS IS A CITYWIDE COMPREHENSIVE POLICY. I ALSO WOULD LIKE TO WALK YOU ALL THROUGH A KIND OF PHASE ONE IMMEDIATE APPROACH THAT WE HAVE, UTILIZING OUR TRANSPARENCY PAGE THAT WE'VE PUT TOGETHER WITH POLICY AND WITH AND WITH DATA, AND GET YOUR FEEDBACK ON THAT AS WELL. SO WE'LL WALK THROUGH BOTH OF THOSE AS JUST KIND OF AN OVERVIEW. AS WE STARTED TO LOOK AT BOTH THE THE TRANSPARENCY PAGE AND THE CITYWIDE DATA POLICY, WE KIND OF LOOKED AT IT FROM TWO SIDES, RIGHT? WE IT STARTED MOSTLY WITH PUBLIC SAFETY, BUT WE WE ZOOMED OUT AND WE LOOKED AT IT FROM A HOLISTIC VIEW AS A, AN EFFORT UTILIZING PUBLIC SAFETY.

THE CHIEF A LOT OF INFORMATION AND CONTACT WITH THEM, THE CITY MANAGER'S OFFICE, OUR COMMUNICATIONS OFFICE, OUR IT DEPARTMENT, BECAUSE THERE'S A LOT OF DATA AND INFRASTRUCTURE THAT'S BUILT THROUGH THERE. AND AS WE LOOK AT IT, AS COUNCIL KNOWS, AS CITY STAFF KNOWS, EVERYTHING THAT STAFF DOES, ALONG WITH OUR PUBLIC SAFETY STAFF, IS TO ENHANCE PUBLIC SAFETY AND UTILIZE NEW TECHNOLOGY AND INNOVATIVE NEW TECHNOLOGIES FOR SAFETY IN THE COMMUNITY. HOWEVER, WE ARE ACUTELY AWARE THAT IN PROMOTING SAFETY AND THE EFFECTIVENESS EFFECTIVENESS OF THOSE SYSTEMS, WE ALSO WANT TO PROTECT PRIVACY. IT'S A TOP CONCERN OF OURS. WE ALSO WANT TO ENSURE TRANSPARENCY ACROSS THE ORGANIZATION AND AS A TOP PRIORITY, NOT JUST WITH PUBLIC SAFETY AND WITH THE POLICE DEPARTMENT, BUT FOR THE CITY AS A WHOLE. WHEN IT COMES TO DATA, WHEN IT COMES TO PRIVACY, WE WANT TO PROTECT THE PUBLIC TRUST AND BUILD THE PUBLIC TRUST. SO ESPECIALLY WHEN IT COMES TO PUBLIC SAFETY, YOU HAVE ENHANCEMENTS WITH NEW TECHNOLOGY. WE'VE HAD POLICE CAMERAS AROUND FOR A LONG TIME, POLICE BODY CAMS AS AN EXAMPLE. BUT WE ALSO HAVE NEWER TECHNOLOGY LIKE AUTOMATED LICENSE PLATE READERS, DRONE TECHNOLOGY THAT'S BEEN IN CONVERSATION AS OF LATE, AND DATA SYSTEMS. SO WE'RE INCORPORATING ALL OF THAT TOGETHER, KIND OF FROM A HOLISTIC VIEW. SO TO START, WE'LL TALK ABOUT THE RFP IN JUST A LITTLE BIT, THAT KIND OF HOLISTIC CITYWIDE POLICY. BUT TO START WE WANTED TO DO SOMETHING RIGHT AWAY. WE STARTED TO LOOK AT SOME OF THE CONCERNS WE'VE BEEN HEARING FROM COUNCIL, FROM THE PUBLIC AS WELL, AND THEN CONVERSATIONS WE'VE HAD WITH COUNCIL HERE AT THIS DAIS A COUPLE OF MEETINGS AGO THAT TALKED A LOT ABOUT POLICY, WHAT POLICIES WE HAVE, WHAT WHAT IS CURRENTLY INSTITUTED. AND SO WHAT WE WANT TO DO IS UTILIZE OUR OPEN DATA AND TRANSPARENCY PAGE THAT WE CURRENTLY HAVE ON THE WEBSITE AND PUT TOGETHER A TRANSPARENCY PAGE THAT ADDRESSES THAT DIRECTLY. SO WE WANTED TO GET ALL OF THE POLICIES RELATED TO THIS UP ON THAT PAGE, AND THEN AND HAVE THEM DOWNLOADABLE. PEOPLE CAN READ THROUGH THEM, CAN VIEW THEM. BUT ALSO WE WANTED TO PUT TOGETHER KIND OF AN OVERVIEW, A BULLET POINT LIST OF THE MAIN THINGS THAT ARE PULLED OUT OF THAT POLICY. SO I'M GOING TO WALK THROUGH A COUPLE OF THESE. I WILL MENTION THAT THIS IS ALL PART OF ONE PAGE, AND I'LL SHOW IT JUST HERE IN A LITTLE BIT. IT'S SOMETHING WE'VE ALREADY PUT TOGETHER. WE WANT COUNCIL'S FEEDBACK ON AND SOMETHING THAT'S KIND OF A PHASE ONE TO THIS. WE CAN DEPLOY IMMEDIATELY TO BE MORE TRANSPARENT AND PUT IT OUT THERE TO THE PUBLIC, AND THEN CERTAINLY MOVE ON WITH THE CITYWIDE DATA POLICY AND THE RFP. SO THIS IS ONE PORTION OF IT. THIS IS RELATED TO AUTOMATED LICENSE PLATE READERS.

CERTAINLY WE HAVE A FULL POLICY ON THESE ALPR, BUT RATHER AND THE POLICY WILL BE DOWNLOADABLE AND PEOPLE CAN LOOK THROUGH IT. BUT RATHER THAN HAVING EVERYONE JUST DOWNLOAD IT AND READ IT, WE ALSO WANTED TO PULL SOME KEY POINTS THAT WE'VE HEARD OVER THE LAST COUPLE OF MONTHS AND OUTLINE THEM THAT ARE IN THAT POLICY, THINGS LIKE THE RETENTION SCHEDULE, WHEN THESE WHEN THE NON-RELEVANT DATA IS DELETED, WHICH IS AFTER 31 DAYS, THINGS LIKE OUTSIDE AGENCIES HAVING TO SUBMIT A WRITTEN REQUEST TO GET SOME OF THAT INFORMATION, THEY HAVE TO PUT IN A CASE NUMBER AND REASON FOR THE INVESTIGATION. THOSE ARE REVIEWED AND APPROVED BY A COMMANDER OR HIGHER WITHIN THE POLICE DEPARTMENT. THINGS LIKE UNAUTHORIZED PURPOSES BEING EXPLICITLY PROHIBITED, WHICH ARE OUTLINED IN THE POLICY AND THINGS AND AND OTHERS LIKE THE SYSTEM ACCESS BEING PASSWORD PROTECTED AND SUBJECT TO AUDITS OVER TIME. SO JUST CERTAIN THINGS THAT ARE CURRENTLY IN THE POLICY, THESE ARE POLICIES THAT ARE CURRENTLY IN PLACE THAT ARE BEING UTILIZED FOR THESE THIS TYPE OF TECHNOLOGY. AND CERTAINLY I WOULD SAY THIS AS WELL, WE REALIZE THAT OUR POLICIES ARE NOT PERFECT. NO POLICY IS PERFECT. THAT'S PART OF THE CITYWIDE DATA POLICY THAT WE'LL LOOK AT SOME OF THAT GAP ANALYSIS, WHAT WE MAY BE MISSING. BUT WE AT FIRST JUST WANTED TO PUT SOMETHING OUT TO BE AS TRANSPARENT, AS TRANSPARENT AND OPEN TO THE PUBLIC OF WHAT WE CURRENTLY HAVE AND WHAT'S IN THOSE POLICIES RELATED TO THE DRONES. THERE WAS A CONVERSATION TWO MEETINGS AGO, I BELIEVE, ASKING IF WE THAT WE NEED TO HAVE A DRONE POLICY. WE ACTUALLY DO HAVE AN EXTENSIVE DRONE POLICY.

THAT POLICY IS UP WILL BE UP ON THIS WEBSITE TO TO LOOK THROUGH. IT'S TEN PLUS PAGES. SO RATHER THAN HAVING EVERYONE READ THROUGH THAT WHICH THEY CERTAINLY CAN, THERE'S SOME

[01:15:04]

SO THIS WHOLE PAGE, WHICH LOOKS SIMILAR TO THIS, WITH ALL THE POLICY OUTLINED THAT YOU CAN DOWNLOAD THE POLICY. AND THEN AT THE BOTTOM IS THAT IS THAT DATA IN TRANSPARENCY ELEMENTS THAT PEOPLE CAN SEE. THIS WAS KIND OF OUR INITIAL APPROACH, SOMETHING THAT WE COULD BUILD RIGHT NOW AND PUT OUT TO THE PUBLIC TO SHOW WHAT WE'RE DOING AND WHAT WE HAVE BEFORE WE MOVE INTO KIND OF A LITTLE BIT OF A LONGER PROCESS OF BUILDING THAT CITYWIDE DATA POLICY. SO I WILL GET FEEDBACK ON THAT FIRST PHASE, THAT FIRST PAGE, RIGHT WHEN I FINISH THIS, THIS WILL GO VERY QUICKLY. BUT OUR PHASE TWO, WHICH IS A LITTLE BIT LONGER, THAT IS SOMETHING THAT WAS TALKED ABOUT LATE AUGUST, EARLY SEPTEMBER FROM THIS COUNCIL THAT WE'RE BRINGING BACK, WHICH IS A WE'RE GOING TO PUT TOGETHER AN RFP, A SCOPE OF WORK TO GO OUT TO DO A FULL DATA POLICY ACROSS THE ENTIRE CITY. SO THIS IS THIS WILL CERTAINLY INCLUDE PUBLIC SAFETY, BUT WE HAVE MANY SYSTEMS WITHIN THE CITY THAT UTILIZE DATA AND INCLUDING IT AND PUBLIC WORKS AND, AND OUR PARKS DEPARTMENT. AND SO THIS WILL THIS WILL BE A COMPREHENSIVE DATA POLICY ACROSS THE ENTIRE CITY. IT WILL INCLUDE ALL OF OUR OPEN DATA THAT WE UTILIZE. IT WILL INCLUDE DATA COLLECTION, DATA RETENTION, HOW WE HOLD DATA, DATA SHARING, CYBER SECURITY, AND EVEN RESPONSIBLE USE OF AI PRACTICES, WHICH NOW IS A VERY RELEVANT TOPIC AND NEEDS TO BE BUILT INTO DATA POLICIES ACROSS ALL CITIES. SO IT'LL BE VERY COMPREHENSIVE AND VERY TIMELY AS WE MOVE FORWARD INTO A MORE INNOVATIVE TECHNOLOGICAL WORLD THAT WE'RE IN. I WANTED TO ROLL

[01:20:04]

AND THEN SOMETHING THAT THE CITY MANAGER AND MYSELF HAVE TALKED ABOUT AFTER ALL OF THIS HAS BEEN DONE, MUCH LIKE WE DO YEARLY AUDITS WITH IN FINANCE OR YEARLY AUDITS WITH RACIAL PROFILING IN THE POLICE DEPARTMENT, WE'D COME UP WITH SOME TIME FRAME TO DO AUDITS TO MAKE SURE THAT WHILE WE HAVE THIS POLICY ACROSS THE WHOLE CITY, AND IT'S VERY DETAILED AND VERY IMPACTFUL THAT A THIRD PARTY IS COMING IN AND MAKING SURE THAT WE ARE EXECUTING THIS POLICY CORRECTLY AND SEEING IF WE HAVE ANY GAPS OR ANYTHING LIKE THAT. SO THAT'S KIND OF THE OVERVIEW AND SCOPE OF THE RFP THAT WE WOULD LIKE TO GO OUT WITH, WITH AFTER YOUR FEEDBACK RIGHT AWAY, PICK A FIRM, BRING IT BACK TO YOU GUYS AND GET THEM WORKING ON ALL OF THIS. SO I HAVE TWO PHASES. ONE IS THAT IMMEDIATE PAGE WITH THE DATA AND THE POLICIES THAT WE CURRENTLY HAVE. AND THEN ONE IS THE RFP OVERVIEW THAT I JUST OUTLINED. AND I WOULD LOVE TO GET ANY FEEDBACK THAT YOU GUYS HAVE ON THIS AS WE SORT OF CURATE IT TO MOVE FORWARD. ALL RIGHT. ANY QUESTIONS COMMENTS I'LL LET THEM GO. ALL RIGHT. THIS THIS ALSO TIES INTO THE AGENDA ITEM THAT I HAD EARLIER. BUT I DID SEND AN EMAIL TO CHIEF LAST NIGHT BECAUSE I HAD NUMEROUS CALLS BECAUSE WE WERE HAVING ALL THIS COME THROUGH. AND I'M SURE COUNCIL MAY HAVE RECEIVED SOME OF THE EMAILS, BUT AGAIN, JUST TO VERIFY. AND FOR THOSE THAT ARE LISTENING, COUNCILMEMBER TIBBETTS, DO YOU JUST WANT TO MOVE UP THE ITEM TO NOW? WELL, WE CAN TALK ABOUT IT IN IN RELATIONSHIP TO THE POLICY. HERE'S WHAT WE COULD DO IS I COULD WAIT FOR THAT ITEM.

BUT AS FAR AS THIS GOES, I'M GOOD WITH WHAT WE GOT. SO YOU CAN CONTINUE ON DOWN BECAUSE I KIND OF HAVE. YES. DOES THAT DOES ANYONE HAVE ANY OBJECTION TO MOVING UP THE ITEM TO RIGHT NOW? WE CAN OPEN THAT UP. I'D LIKE TO HAVE THE DISCUSSION BEFORE WE HAVE ANY OTHER DISCUSSIONS. I'D LIKE TO HAVE DISCUSSION ON THIS POLICY FOR THE CAMERAS THAT WE HAVE IN NOW.

I'D LOVE TO HAVE THIS ONE AND THEN KEEP THEM SEPARATE IF THAT'S POSSIBLE. OR THIS POLICY ADDRESSES BOTH TECHNOLOGIES, BUT THAT'S FINE. GO AHEAD. OKAY. SO LET ME JUST GO BACK AND I'LL BE REAL QUICK BECAUSE I KNOW WE'VE GOT A LOT TO TALK ABOUT. SO MY FIRST QUESTION WAS AND I ADDRESS THIS WAS FLOCK CAMERAS ACCORDING TO OUR POLICIES IS WILL NOT BE USED AS A TOOL FOR POLICE OR CITY TO CATCH VIOLATORS MOVING VIOLATIONS OR USE AS A SOURCE OF REVENUE GENERATING TOOL FOR THE POLICE OR THE COURTS. AND I ASKED IF IT'S TRUE OR FALSE. AND OF COURSE IT'S TRUE THAT IT WILL NOT BE USED FOR THAT SPECIFIC REASON, BECAUSE AGAIN, THAT WAS A BIG QUESTION THAT I HAD FROM SPECIFIC RESIDENTS. AGAIN, REGARDING OUR POLICY. AND I STATED HERE, ACCORDING TO OUR NEW POLICY, WHEN THE DRONES WILL BE DEPLOYED OR USED, DRONES WILL BE USED. WILL WILL DRONES BE USED AS A REPLACEMENT SURVEILLANCE TOOL TO PATROL NEIGHBORHOODS, STREETS, INCLUDING RESIDENTS, BACKYARDS WITHOUT CONSENT? THE ANSWER WAS NO. DRONES ARE NOT INTENDED FOR THIS PURPOSE. DRONES WILL BE GENERALLY BE USED FOR SPECIFIC MISSIONS RESPONDING TO CALLS FOR SERVICE. IF THERE HAS TO BE AN OVERWATCH FOR LARGE EVENTS, CROWDS, PARADES, FESTIVALS, AND ALSO BE LOOKING FOR LOST CHILDREN, PERSONS AND ASSISTING WITH TRAFFIC FLOW AND SO FORTH. AND THEN THE LAST ONE WAS REGARDING THE TRANSPARENCY, WHICH IS ALREADY OUTLINED ALREADY. IT SAYS, WILL THERE BE A DATABASE OR CITY WEB LINK THAT RESIDENTS MAY VIEW TO SEE WHEN THE DRONES OR WHEN THE CAMERAS WERE DISPATCHED? AND IT

[01:25:01]

SO THANK YOU. I YIELD THE FLOOR. COUNCIL MEMBERS. OKAY, JESSE, I THINK THE YOU ADDRESSED A LOT OF THE CONCERNS THAT RESIDENTS HAD. ONE OF THE BIGGEST CONCERNS THAT I'VE BEEN HEARING, AND, YOU KNOW, WE DEFINITELY NEED TO TAKE A DEEP DIVE ON THIS. THE CITY WAS ABOUT FLOCK AND HAVING ACCESS TO ALL OUR INFORMATION. I THINK THAT'S THE BIGGEST WORRY THAT EVERYBODY HAS RIGHT NOW. IT'S ON BOTH SIDES OF THE AISLE. REPUBLICAN DEMOCRATS, THEY'RE BOTH EMAILING US. THEY'RE BOTH ASKING US ABOUT THE CONCERN ABOUT BEING TOO INVASIVE WITH OUR TECHNOLOGY. SO WHAT SAFEGUARDS DO WE HAVE THAT FLOCK IS NOT GETTING OUR INFORMATION, OR IS THAT SOMETHING THAT'S JUST GOING TO GO STRAIGHT TO THEM? I MEAN, I THINK THAT'S WHAT EVERYBODY'S WORRIED ABOUT. IS THIS ENTITY HAVING THAT POWER OVER OUR CITY AND US NOT BEING ABLE TO CONTROL THAT AS A DEPARTMENT OR AS A CITY. WHAT WHAT CAN I TELL MY RESIDENTS SAYING MOVING FORWARD THAT THAT'S NOT HAPPENING AND THAT WE'VE GOT A FIREWALL IN BETWEEN THEM AND US, OR WHAT WE CAN DO AS A CITY TO MAKE SURE THAT OUR INFORMATION IS NOT GOING TO THIS ENTITY AND IT'S BEING SOLD. RIGHT. THAT'S WHAT THEY'RE ASKING. AND I DON'T KNOW IF WE HAVE AN ANSWER FOR THAT RIGHT NOW, BUT THAT'S THAT'S THE BIGGEST QUESTION PEOPLE HAVE BEEN ASKING ME. AND I DON'T KNOW IF WE'VE GOT AN ANSWER BECAUSE I DON'T HAVE ONE.

I THINK THERE'S REALLY TWO ANSWERS TO THAT. BASED ON THE POLICY THAT WE'RE LOOKING AT TODAY. ONE IS THAT IT'S THE FLOCK TECHNOLOGY THAT WE HAVE. IT'S OTHER AGENCIES ABILITY TO REACH INTO THAT. AND SO THERE ARE SOME SAFEGUARDS. IF I START TALKING ABOUT DEEP IT CYBERSECURITY, I'LL GET WAY OUT OVER MY SKIS. BUT THERE ARE SOME SAFEGUARDS WITHIN OUR SYSTEM. YOU CAN SEE THEM OUTLINED IN THE POLICY OF THINGS THAT PEOPLE CAN AND CAN'T DO WITHIN OUR SYSTEM. THE MORE RELEVANT ANSWER IS THE RFP WE'RE GOING OUT FOR. THE DATA WIDE POLICY WOULD BE TO LOOK AT EVERY SINGLE ENTITY THAT HAS THAT TYPE OF ACCESS TO OUR TO OUR DATA AND WHAT THAT HOW THAT COMPANY HAS ACCESS TO IT AND HOW THEY ARE UTILIZING IT AS A COMPANY. THAT'S SOMETHING THAT WE WOULD PUT IN THE RFP TO MAKE SURE THAT IF THERE ARE ANY COMPANIES THAT ARE NOT TELLING US OR NOT TALKING TO US ABOUT HOW THEY'RE SHARING OUR DATA, WE WOULD KNOW AND THEN WE COULD MAKE INFORMED DECISIONS ABOUT THAT. OKAY. AND I THINK THAT'S WHAT I'VE SEEN AND WHAT I'VE HEARD. I JUST WANT TO MAKE SURE THAT WE AS A CITY ARE DOING EVERYTHING WE CAN TO PROTECT OUR RESIDENTS, BECAUSE THAT'S OUR NUMBER ONE CONCERN. I MEAN, WE JUST TALKED ABOUT THE HUGE INVESTMENT IN OUR PUBLIC SAFETY CENTER, THE HUGE INVESTMENT IN OUR OFFICERS. AND THESE ARE PUBLIC SERVANTS. THEY SERVE THE COMMUNITY. THE TECHNOLOGY THAT WE HAVE RIGHT NOW, WE'RE USING IT FOR, I'M HOPING, JUST ALL GOOD THINGS, AND THAT'S WHAT I'VE HEARD BACK, IS THAT WE'RE USING IT FOR, YOU KNOW, TO SOLVE CRIME. THE CRIME RATE IS DOWN IN THE CITY OF KYLE. AND I THINK IT'S EVERYTHING THE OFFICERS, THE TECHNOLOGY, EVERYTHING WE'RE USING THAT ARE HELPING KEEP OUR RESIDENTS SAFE. BUT I KNOW THAT RIGHT NOW THERE'S A BIG ISSUE ABOUT WHERE THAT DATA IS GOING, AND IT'S ALL ABOUT DATA. I DON'T THINK PEOPLE ARE AGAINST THE CAMERAS. I THINK THEY'RE AGAINST THE DATA AND WHERE IT'S GOING AND HOW PEOPLE ARE USING OUTSIDE AGENCIES ARE USING THIS DATA. AND THAT'S WHAT I WANT US TO DO, IS TAKE A REALLY DEEP DIVE ON WHAT WE CAN DO AS A CITY TO MAKE SURE THIS DATA ISN'T GOING IN. LOOK, HONESTLY, IF, IF, IF WE CAN PUT SAFEGUARDS BETWEEN US AND FLOCK AND MAKE SURE THAT THAT IS NOT GOING EVERYWHERE, I'D BE GREAT WITH THIS IF WE COULD SIGN A CONTRACT WITH FLOCK, THAT'D BE GREAT. IF FLOCK IS NOT WILLING TO DO THAT, LET'S GO WITH A DIFFERENT VENDOR. LET'S FIND OUT. LET'S FIND AN ENTITY THAT IS WILLING TO WORK WITH US AND MAKE SURE THAT KYLE HAS CONTROL ON ANY INFORMATION COMING OUT HERE. AND I LOOK, HONESTLY, AS A CITY, WE CAN DO A REALLY, REALLY GOOD JOB OF MAKING SURE THAT WE'RE MOVING FORWARD AND PROTECTING EVERYBODY'S RIGHTS. AND THAT'S IMPORTANT. AND THAT'S PEOPLE EVERYWHERE ASKING FOR THIS. SO I WOULD REALLY ASK US TO LOOK AT THIS POLICY, SEE WHAT PARAMETERS WE CAN PUT IN THERE, AND MAKE SURE THAT WE'RE DOING EVERYTHING WE CAN AS A CITY TO KEEP OUR RESIDENTS SAFE. THE DRONES THAT WE'RE LOOKING AT HERE IN THE FUTURE THAT WE'LL BE TALKING ABOUT IS ABOUT KEEPING OUR RESIDENTS SAFE. AND THE POLICIES BEHIND THAT WILL ASSURE THE RESIDENTS AS WELL.

BUT WHAT I'M SAYING IS RIGHT NOW, DATA IS DANGEROUS, RIGHT? IT CAN BE VERY DANGEROUS MAKING SURE THAT WE KNOW WHERE THE DATA IS COMING, WHERE IT'S GOING, WHO'S BEING SHARED WITH AND WHAT WE CAN DO AS A CITY TO KEEP OUR RESIDENTS SAFE IS WHAT THEY'RE ASKING. AND I GUESS IN A WAY, I'M ASKING AS WELL, BECAUSE I WANT TO MAKE SURE THAT WE'RE NOT JUST GIVING EVERYBODY ALL OUR INFORMATION FROM OUR RESIDENTS, AND THEY'RE USING IT FOR OTHER PURPOSES, SELLING IT. RIGHT. IN ESSENCE, MAKING SURE THAT WE'RE DOING EVERYTHING WE CAN TO PROTECT OUR CITIZENS. THAT'S NUMBER ONE. AND THAT'S WHAT I'M HOPING WE DO, IS MAKE SURE WE PROTECT OUR CITIZENS. AND I THINK WE CAN DO THAT AS A CITY. I THINK WE CAN REALLY DO THAT. I THINK WE'VE GOT A GREAT POLICE DEPARTMENT AND WE'RE MOVING FORWARD, MAKING SURE THAT WE'RE USING ALL OUR TECHNOLOGY AS WELL TO KEEP OUR RESIDENTS SAFE. AND I THINK THAT'S WHAT WE NEED TO DO WHEN WE'RE LOOKING AT THIS POLICY, MAKING SURE WE'RE DOING EVERYTHING WE CAN TO KEEP US SAFE. UNDERSTOOD. YEAH. AND SO THAT'S KIND OF JUST MY FEEDBACK FOR NOW. ALL RIGHT. WE'RE GOING

[01:30:04]

AND THIS ONE ISN'T ABOUT THE FLOCK CAMERAS. THIS ONE IS ABOUT OUR NEW OUR NEW WEBSITE AND WHAT'S GOING ON IT AND HOW POLICIES ARE GOING TO BE VIEWED ON THAT, RATHER THAN JUST THE POLICIES RELATED TO THAT. IT'S ALSO IN REGARD TO THE RFP. AND ALL OF THAT IS IS THE TOTALITY OF THE OF THE TWO SYSTEMS. AND WE ARE ABOUT TO VOTE ON A CONTRACT TO ADD ON A SECOND SYSTEM, WHICH SHOULD AFFECT WE SHOULD HAVE INPUT ON THE POLICY THAT WE'RE GOING TO GO OUT FOR RFP. SO YEAH, THAT'S THAT'S ONE FACET. THAT'S ALL I'M SAYING IS THE FEEDBACK THAT WE CAN GIVE IS IN REGARDS TO AGENDA ITEM 45 CAN HELP SHAPE. UNDERSTOOD FEEDBACK. AND I WILL I'LL STILL BE IN THE ROOM TO LISTEN TO ALL THAT. IS THAT OKAY. ARE WE OKAY WITH THAT? ANY BECAUSE WE DON'T HAVE ANY OTHER COMMENTS THAT ARE SPECIFICALLY FOR JUST THE DATA POLICY. THAT'S FINE. I HAVE COMMENTS ON THE DATA POLICY AND THIS IS JUST A REPORT ANYWAY, RIGHT. RECEIVE A REPORT. RIGHT. SO I THINK WE'RE WE'RE TAKING VERY GOOD STEPS TO ENSURE TRANSPARENCY. I LIKE WHAT WE'RE DOING WITH THE DATA POLICY, TRYING TO SAFEGUARD AND USE IT RESPONSIBLY. I WOULD SAY HAVING THOSE REPORTS AVAILABLE TO THE PUBLIC OF THE NUMBER OF ARRESTS, THE NUMBER OF CITATIONS, VEHICLES FOUND, THAT'S REALLY USEFUL INFORMATION. IT'S IT SHOWS HOW WE USE IT RESPONSIBLY TO KEEP OUR COMMUNITY SAFE. SO THOSE REPORTS ARE GREAT. I'D LIKE TO ALSO SEE CAVEATS OF WHO'S REQUESTING SEARCHES, LIKE WHAT OTHER OUTSIDE AGENCIES ARE REQUESTING, SO THAT WE KEEP A NUMBER OF WHAT OUTSIDE AGENCIES MIGHT BE WANTING TO LINK INTO OUR NETWORK CAMERAS, SAFEGUARDING. I UNDERSTAND THAT THIS IS A LOCAL CONTROL THING.

WE CONTROL WHO WE WANT TO SHARE IT WITH, AND THEY ARE NOT SUPPOSED TO SELL THAT DATA. SO THAT'S IMPORTANT SO THAT WE MAINTAIN THAT THAT THE CONTROL OVER OVER HOW THE DATA IS SHARED. BUT LIKE I SAID, I THINK THE RESIDENTS, THEIR CONCERNS ARE THE PRIVACY. SO ANYTHING THAT WE CAN DO TO ANSWER THEIR QUESTIONS ON THIS WEB PAGE OF THE DATA POLICY IS GOING TO BE USEFUL. SEE DATA SUCH AS MISSING PEOPLE FOUND, DRUG USE FOUND THROUGH THE CAMERAS. I THINK WE'RE ALL FOR THAT. WE WANT TO HAVE THAT TECHNOLOGY TOOL THAT OUR OFFICERS CAN USE IN OUR CITY TO KEEP NOT JUST THE COMMUNITY SAFE, BUT THEM SAFE AND OF COURSE, RESPOND TO FASTER, DANGEROUS CRIMES. SO KEEP WORKING ON THE THE THE STATISTICS OF THE DATA AND THE REPORTS. AND I WOULD ALSO LIKE TO SEE LIKE THE SEARCHES WHEN THEY'RE CANCELED. IF WE SAY THAT WE'VE GOT A 30 DAY POLICY THAT THAT'S ACTUALLY FOLLOWED UP ON, YOU KNOW, THOSE WERE 30 DAYS THAT DATA SHOULD BE GONE. AND IF IT STICKS AROUND LONGER, DID IT LEAD TO SOMETHING? DID IT LEAD TO TO A CASE BEING SOLVED? LIKE WHAT'S THE OUTCOME AT THE END OF THAT? I THINK IF WE DO THOSE, THOSE THINGS, THE PUBLIC WILL BE MORE ASSURED THAT WE'RE USING THESE TOOLS RESPONSIBLY, THE RIGHT WAY. THAT'S MY FEEDBACK ON WHAT YOU'RE DOING. A GOOD POINT, COUNCILMEMBER. THIS IS NOT A STATIC PROCESS, RIGHT? SO WE WILL LAUNCH WITH INITIALLY THE DATA THAT WE HAVE, BUT IT'S DEFINITELY THE THE TRANSPARENCY SITE GIVES US THE ABILITY TO ADD MORE IF WE WANT TO SEE MORE. OF COURSE IT WOULD ALWAYS HAVE TO GO THROUGH LEGAL AND THINGS LIKE THAT. BUT IF WE WANT TO SEE DIFFERENT ELEMENTS OF THE REPORTING AND STUFF, WE CAN ADD TO IT AS WELL. SO THE REASON I WAS ASKING IF WE WANT TO BRING THIS UP IS THERE IS ON PAGE NINE OF THE CONTRACT FOR AGENDA ITEM 45, THE ADDENDUM FIVE. AT THE END IT SAYS CUSTOMER AGREES THAT IT WILL NOT SHARE, SELL, TRANSFER OR MAKE ANY AVAILABLE.

MAKE AVAILABLE. MAKE AVAILABLE ANY DATA GENERATED BY THE FLOCK HARDWARE, INCLUDING ALL FLOCK DRONE IP TO WHICH IT MAY HAVE ACCESS TO ANY THIRD PARTY WITHOUT PRIOR EXPRESS WRITTEN

[01:35:05]

MAYOR, YOU ARE 100% CORRECT IN OUR AGREEMENT AND ALL OF OUR OPERATIONS WITH FLOCK, WE OWN 100% OF THE DATA. IT IS OURS AND OURS ONLY TO SHARE. THEY DO NOT SHARE OUR DATA WITH ANYBODY ELSE. IT IS UP TO US, IF WE DECIDE TO SHARE THAT THROUGH A WRITTEN USER AGREEMENT. AND THAT'S WHAT WE DO TO APPROVE LAW ENFORCEMENT AGENCIES, AND THEN THEY ARE REQUIRED TO FOLLOW OUR PROHIBITIONS ON THE USE OF THAT INFORMATION. SO IT IS 100% SO. CHIEF. YES. SO CHIEF, IF WE TELL THEM THAT IF, IF WE DECIDE THAT WE DO NOT WANT TO SHARE DATA WITHOUT OUR EXPRESS CONSENT, ARE THEY ALLOWED TO DO IT WITHOUT US ACKNOWLEDGING THAT THEY CAN? SO WHAT THAT LOOKS LIKE IS, NUMBER ONE, THEY CANNOT EVEN ACCESS OUR DATA WITHOUT SIGNING THE WRITTEN AGREEMENT, WHICH OUTLINES THE STIPULATIONS THAT YOU ALL HAVE MENTIONED. AND THEN IF THEY WERE TO SHARE THAT OUTSIDE OF LAWFUL PURPOSES, BECAUSE THE AGREEMENT GIVES THEM THE ABILITY TO USE THAT FOR LAWFUL PURPOSES. FOR EXAMPLE, IF A CITY IF SEATTLE, WASHINGTON IS LOOKING IN OUR DATABASE AND THEY DON'T JUST LOOK UP THE CITY OF KYLE, THEY SEARCH DATABASES THAT ARE SHARED WITH THEM THAT ARE AVAILABLE TO THEM, AND THEY FIND THE VEHICLE THAT THEY'RE LOOKING FOR BECAUSE IT WAS INVOLVED IN A HOMICIDE IN THEIR CITY, AND THEY COLLECT THAT FEEDBACK FROM THE SYSTEM THAT WE HAVE OPENED UP TO THEM TO LOOK AT. THEY'RE GOING TO THEY'RE GOING TO SAVE THAT INFORMATION AND SHOW THAT THE VEHICLE THEY WERE LOOKING FOR WAS IN KYLE, TEXAS, ON A CERTAIN DATE AND A CERTAIN TIME.

AND THEY CAN CERTAINLY PUT THAT IN THEIR CASE FILE AND USE THAT FOR LAWFUL PURPOSES ONLY FOR THE PROSECUTION OF THAT CRIMINAL INVESTIGATION. THEY'RE VERY RESTRICTED, JUST LIKE WE ARE. THEY HAVE THE SAME RESTRICTIONS THAT OUR STAFF MEMBERS DO ON HOW THEY CAN USE IT. SO IT IS VERY PROTECTED. IT IS THROUGH A WRITTEN USER AGREEMENT, AND THEY ARE SUPPOSED TO ABIDE BY THAT. I DON'T KNOW OF ANY CASES WHERE THAT WOULDN'T OCCUR. THAT'S LAW ENFORCEMENT. THEY COULD GET THE SAME INFORMATION IF THEY WERE TO SEND A SUBPOENA DOWN WITHOUT THE WRITTEN AGREEMENT, AND SUBPOENA THAT INFORMATION, OR SEND A SEARCH WARRANT TO US FOR THAT INFORMATION. THIS IS JUST AN EASIER WAY FOR US TO COMMUNICATE WITH BETWEEN AGENCIES, WITH A WRITTEN AGREEMENT AND ASSURANCES IN PLACE. IF I COULD ADD. BECAUSE IF YOU THEY ARE SEARCHING FOR A MURDER SUSPECT AND THEY ARE HERE IN KYLE, THEY COULD ALSO USE THAT AS LEGAL TERMS. TO WHERE HOW DID YOU JUSTIFY MY VEHICLE IN THIS AREA? CORRECT, CORRECT. AND SO WHEN IT GOES TO TRIAL OR WHATEVER IT IS, THEY COULD COME BACK, THE SUSPECT COULD COME BACK AND SAID IT WAS AN ILLEGAL SEARCH OR SOMETHING LIKE THAT. WELL, SO SINCE THE CARS ARE OUT AND YOU GOT TO THINK, REMEMBER WE'RE TALKING ABOUT THERE'S TWO DIFFERENT ITEMS. WE HAVE A DATA POLICY THAT'S PARTICULARLY REGARDING LPR DATA, BUT CERTAINLY INCORPORATES VIDEO DATA FROM FROM DRONES. AND THEN WE HAVE THE DRONE ITEM THAT'S NEXT. SO I WANT TO KIND OF KEEP THEM A LITTLE BIT SEPARATE, EVEN THOUGH THEY SLIGHTLY OVERLAP.

WHEN YOUR CAR IS OUT IN THE PUBLIC ON THE STREET, YOU ARE NOT ENTITLED TO PRIVACY OF YOUR CAR AND YOUR LICENSE PLATE NUMBER. WE COULD TECHNICALLY STATION AN OFFICER ON THE STREET CORNER, AND THEY COULD WRITE DOWN EVERY LICENSE PLATE NUMBER THAT PASSES. THEY COULD TAKE A PICTURE FROM THAT PUBLIC STREET CORNER OF THOSE CARS ON THE ROADWAY. SO TO YOUR QUESTION, COULD THAT PERSON COME BACK AND SAY WE VIOLATED THEIR PRIVACY RIGHTS BECAUSE WE TOOK A PHOTOGRAPH OF THEIR LICENSE PLATE WHILE THEY WERE TRAVELING ON A PUBLIC STREET? THEY CAN FILE THE SUIT, BUT THEY'RE NOT GOING TO WIN BECAUSE IT'S NOT CORRECT. WELL, IN CHIEF, THAT HAS BEEN ADJUDICATED BY THE SUPREME COURT. ABSOLUTELY. WHEN YOU'RE IN THE PUBLIC PLACE, YOU'RE NOT ENTITLED TO THOSE KINDS OF PRIVACY RIGHTS. AND THIS DOES

[01:40:01]

MAYOR MITCHELL, CHIEF, HOW LONG HAVE YOU HAD THE ABILITY TO RUN PEOPLE'S LICENSE PLATES THROUGH A DATABASE TO FIND OUT IF THEY HAVE WARRANTS? 30 FOR 40 PLUS YEARS, MAYBE LONGER THAN THAT.

SO LAW ENFORCEMENT HAS HAD THAT ABILITY TO RUN A LICENSE PLATE IN A POLICE COMPUTER AND IT BE TIED TO AN INDIVIDUAL WITH WARRANTS, OR BE TIED TO A STOLEN VEHICLE THAT ANOTHER AGENCY HAS ENTERED SO DECADES. SIR, IF YOU HAD CAMERAS THAT YOU PULLED, LIKE LET'S SAY IT WASN'T EVEN A CITY OWNED CAMERA, BUT A PRIVATE INDIVIDUAL HAD A SECURITY CAMERA AND YOU CAPTURED A VEHICLE ON THAT CAMERA. DO YOU HAVE THE POWER TO RUN THAT LICENSE PLATE AGAINST A DATABASE? WE ABSOLUTELY DO. WE CAN ACTUALLY TAKE VIDEO AND FEED THAT INTO A SYSTEM THAT WOULD RUN THE PLATES CAPTURED ON THAT VIDEO THROUGH THE PROPER CHANNELS TO GIVE US THE VEHICLE RETURNS, CHECK FOR STOLEN LICENSE PLATES, MISSING PERSONS. AND THEN SECOND TO THAT, WE'VE, LIKE I SAY, WE'VE HAD FOR DECADES THE ABILITY TO TAKE INFORMATION THAT WE GAINED FROM VIDEO OR PHOTOGRAPHS AND RUN THEM THROUGH A POLICE DATABASE TO DETERMINE OWNERSHIP, WHETHER IT'S STOLEN OR NOT, TO DETERMINE IF IT'S TIED TO A CRIME, TO WHICH OTHER AGENCIES ARE LOOKING FOR THAT VEHICLE, OR MISSING PERSON, CHILD OR ADULT. CHIEF, WE HAVE WE HAVE A LOT OF CAMERAS WITH REGARDS TO OUR OFFICERS ON, FOR EXAMPLE, THEY'RE A VENDOR. THEY'VE GOT, YOU KNOW, WE PUT BODY CAMERAS ON OUR OFFICERS IN ORDER FOR THERE TO BE A LOT OF TRANSPARENCY AND ANY KIND OF INCIDENT, THOSE CAMERAS, I THINK WE HAVE CAMERAS IN OUR VEHICLES AS WELL. IF ANY OF THOSE CAMERAS PICK UP A LICENSE PLATE OR ARE RECORDING AN INCIDENT, DO YOU HAVE THE ABILITY TO RUN THAT LICENSE PLATE THROUGH A DATABASE IN ORDER TO DETERMINE IF A VEHICLE HAS A WARRANT? YES, IF THERE ARE. IF SOMEBODY PASSES ONE OF OUR OFFICERS IN A PATROL CAR WITH A STOLEN VEHICLE, AND THOSE PLATES ARE REGISTERED ON THAT CAMERA, THE OFFICERS ARE GOING TO GET AN ALERT ON THEIR MOBILE DATA TERMINAL, THEIR COMPUTER IN THE CAR, AND ALERT THEM THAT THAT VEHICLE IS REPORTED STOLEN OR ASSOCIATED WITH A WANTED PERSON. YES, SIR. OKAY. THANK YOU. YES, SIR.

COUNCILMEMBER. YEAH. THE COMPANY THAT YOU JUST MENTIONED THAT DOES A BODY CAM. SO WHERE DOES THE DATA GO FOR THAT? IS IT THE SAME PLACE ALMOST LIKE WHAT FLOCK DOES OR IS IT DIFFERENT. IT IS ALMOST LIKE JUST THE SAME SYSTEM, DIFFERENT NAMES. SO ONE IS OWNED BY THE AMAZON SYSTEM, ONE IS OWNED BY GOOGLE, BUT THEY BASICALLY PROVIDE THE EXACT SAME SERVICE.

IT IS AN END TO END ENCRYPTION DATA STORAGE SERVICE THAT THEY'RE USED BY THE DEFENSE DEPARTMENT OR DEPARTMENT OF DEFENSE, BY ALL OF THE DEPARTMENT OF JUSTICE AGENCIES THAT ARE HIGHLY VETTED. THEY'RE EXTREMELY SECURE. THE END TO END ENCRYPTION IS TOP NOTCH AND SIMILAR, BUT ARE VERY SIMILAR, JUST DIFFERENT NAMES, JUST DIFFERENT NAMES. SO HOW LONG HAVE WE BEEN USING THAT SYSTEM? WE'VE BEEN ON THE AXON SYSTEM WITHOUT HAVING AN EXACT DATE, PROBABLY 10 TO 12 YEARS. SO ABOUT 12 YEARS WE'VE BEEN UTILIZING A CAMERA SYSTEM THAT KEEPS ALL THE DATA IN THERE, SIMILAR TO WHAT FLOCK DOES. YES. SO THAT'S I'M JUST WONDERING WHAT THE DIFFERENCE BETWEEN FLOCK AND AXON IS AND WHY THE ALL OF A SUDDEN FLOCK IS A BIG FOCUS OF INTEREST AND WHY NOBODY'S REALLY THOUGHT ABOUT AXON IF IT'S ALMOST THE SAME SYSTEM. I MEAN, I THINK IT HAS TO DO WITH THE PLACEMENT OF LICENSE PLATE READERS OUT IN THE COMMUNITY. EVERYBODY UNDERSTANDS IF YOU PASS A POLICE CAR IN A STOLEN CAR, THEY'RE PROBABLY GOING TO KNOW TO SOME DEGREE. OR OFFICERS CAN RUN THAT JUST BY TYPING IN THE DATA INTO THEIR COMPUTER. SO THEY PROBABLY UNDERSTAND THAT THERE'S THAT RISK, MAYBE EVEN AN UNMARKED POLICE CAR. THEY UNDERSTAND THAT RISK, BUT THEY IT'S A FAIRLY NEW NOW. IT'S BEEN AROUND FOR QUITE A WHILE, BUT FAIRLY NEW USE OF TECHNOLOGY TO PLACE CAMERAS OUT ALONG YOUR ADJACENT MAJOR ROADWAYS AND TO CAPTURE THAT DATA AND THEN TO KEEP IT IN A SEARCHABLE FASHION FOR A PERIOD OF TIME. AND WE'VE DISCUSSED THAT'S KEPT FOR 30 DAYS, AND THAT'S A LITTLE BIT NEW IN HOW WE CAN JUST GO BACK AND SEARCH FOR 30 DAY HISTORY. CERTAIN CRIMES AREN'T ALWAYS REPORTED IN THE FIRST 5 HOURS OR 24 HOURS OR 48. IT TAKES PEOPLE A BIT OF TIME SOMETIMES TO DISCOVER THAT THEIR PROPERTY HAS BEEN STOLEN. ONE GOOD EXAMPLE IS CONSTRUCTION SITES. WE HAVE A TREMENDOUS AMOUNT OF THEFT ACROSS THE COUNTRY. AT CONSTRUCTION SITES, THEY WANT TO STEAL HEAVY EQUIPMENT. THEY WANT TO STEAL APPLIANCES THAT ARE PUT INTO NEW HOMES. THOSE THOSE BUILDERS GO HOME ON FRIDAY EVENING, THEY COME BACK ON MONDAY. AND IF THEIR REFRIGERATORS AND WASHERS AND DRYERS OR BOBCAT BULLDOZERS ARE STOLEN, THEY DON'T REALIZE IT FOR 72 HOURS AND THEN THEY REPORT IT. IF WE HAVE THE ABILITY TO GO BACK AND LOOK AT WHAT VEHICLES CAME DOWN THIS DEAD END ROAD FOR THIS HOUSE UNDER CONSTRUCTION AND SEARCH THOSE PLATES, IT CAN IT CAN GENERATE SOME LEADS FOR LAW ENFORCEMENT. SO I THINK THAT'S A LITTLE BIT NEWER THAN WHAT WE'RE USED TO. I THINK YOU'RE

[01:45:01]

THAT SAME THING HAPPENED. ALL THE BREAKERS DISAPPEARED. EVERYTHING WAS GONE. PEOPLE WENT IN THROUGH THE WINDOW, STARTED TAKING BREAKERS OUT OF SOME OF THE HOUSES, SOME OF THE PANELS AS WELL. SO THAT DEFINITELY HAPPENS HERE. YOU KNOW, I'M THINKING ABOUT THE TECHNOLOGY AND THE THE PLUS AND MINUSES. I KNOW THAT WE HAD A CRIME HERE AT ONE OF THE GAS STATIONS WHERE A GENTLEMAN WAS MURDERED, AND IF IT WEREN'T FOR THE CAMERAS, HE WOULD HAVE PROBABLY GONE AWAY. THE FAMILY WOULD HAVE NEVER HAD CLOSURE. WE'D HAVE BEEN. WE WOULD HAVE NEVER KNOWN WHO DONE IT. INDIVIDUAL COULD HAVE PROBABLY GONE AND DONE IT SOMEWHERE ELSE IN ANOTHER TOWN, AS WE SEEN. I MEAN, WE JUST SAW THE YOGURT SHOP MURDERS, AND IT'S TAKEN THIS LONG TO FIND OUT WHO WHO DID IT. AND I KEEP THINKING ABOUT ALL THE INSTANCES WHERE THIS GENTLEMAN COULD HAVE BEEN OFF THE STREET AND NOBODY ELSE HAD TO DIE. HE WENT ON AND PERPETRATED A LOT MORE CRIMES, AND HE USED THAT INSTANCE. BUT I JUST KEEP THINKING ABOUT THREE, THREE PEOPLE THAT THEIR LIVES WERE UP, UP, WERE DESTROYED BECAUSE THEY THOUGHT IT WAS THEM, THOSE THREE YOUNG MEN, AND IT ENDED UP BEING ANOTHER PERPETRATOR. I LOOK, TECHNOLOGY SCARES PEOPLE. I'M NOT GOING TO LIE, IT SCARES EVERYBODY. THE MORE TECHNOLOGY WE HAVE OUT THERE, THE SCARY THE WORLD IS. BUT AT THE SAME TIME, WHEN TECHNOLOGY IS USED IN THE RIGHT WAY, IT CAN BE A TOOL AND IT CAN HELP PEOPLE AS WELL. SO WITH THIS ONE, I'M REALLY, REALLY TORN. I THINK THAT HAVING A GREAT POLICY IS GOING TO BE WHAT'S GOING TO HELP ME MOVE FORWARD WITH EVERYTHING THAT WE HAVE IN PLACE IN THE CITY. BUT THE POLICY HAS TO HAVE TEETH. IT HAS TO BE REALLY STRONG. SO MAKING SURE WE HAVE A REALLY GOOD, STRONG POLICY IS WHAT'S GOING TO GIVE ME ASSURANCES THAT WE'RE PROTECTING PEOPLE'S CIVIL LIBERTIES IN THE CITY OF KYLE, MAKE SURE WE'RE PROTECTING THEM AS WELL. BUT AT THE SAME TIME, WE'RE TAKING THOSE BAD GUYS OFF THE STREET. YES, SIR. THANK YOU. I'LL ADD, I HAVE MANY, MANY STORIES ABOUT SUCCESS STORIES FROM OUR LICENSE PLATE READER PROGRAM.

YOU MENTIONED ONE, THE AGGRAVATED ROBBERY AT A CONVENIENCE STORE WHERE A YOUNG 17 YEAR OLD MALE WAS SHOT FOR NO REASON AT ALL OTHER THAN THE SUSPECT WHO COMMITTED THE ROBBERY, JUST DECIDED TO TURN AROUND AND SHOOT A 17 YEAR OLD ON HIS WAY OUT OF THE DOOR. WE CAUGHT THAT GENTLEMAN WITHIN A FEW HOURS, EXITING ANOTHER CONVENIENCE STORE JUST A COUPLE OF MILES UP THE ROAD. PROBABLY CASING THAT STORE TO ROB IT AS WELL, AND MAYBE SHOOT SOMEBODY THERE. THE LPR SYSTEM ABSOLUTELY HELPED US CATCH THAT INDIVIDUAL. WE ALSO HAD A BANK ROBBERY ON A SATURDAY MORNING HERE IN THE COMMUNITY. WE ABSOLUTELY USED THE LICENSE PLATE READER PROGRAM TO LEARN TO IDENTIFY AND THEN LATER APPREHEND THE BANK ROBBERY SUSPECT. WE'VE HAD NUMEROUS STORIES. JUST THIS WEEK WE HAD A SEX OFFENDER ENTER THE CITY OF KYLE. THIS WAS WEDNESDAY NIGHT. AS I WAS MONITORING THE RADIO, WE GOT AN ALERT THAT A SEX OFFENDER WHO HAD OUTSTANDING FELONY WARRANTS FOR EXPOSING HIMSELF TO CHILDREN AND ADULTS HAD JUST ENTERED THE CITY. WITHIN MINUTES, OUR OFFICER LOCATED THAT VEHICLE, MADE A TRAFFIC STOP ON THE VEHICLE. HE WAS THE SUBJECT IN THE VEHICLE, AND THEY MADE AN ARREST WITHIN MINUTES OF THAT PERSON COMING INTO OUR COMMUNITY TO GO, WHO KNOWS WHERE. AND THE LIST GOES ON AND ON. I HAVE LOTS OF SUCCESS STORIES FOR THE LICENSE PLATE READER. I KNOW THAT'S JUST ONE SMALL COMPONENT OF THE DATA POLICY, AND I KNOW THAT WE HAVE INFORMATION TO GO OVER ON THE DRONE POLICY, IF YOU'D LIKE. ASK SOME QUESTIONS ABOUT POLICY.

WELL, YES, WE'RE JUMPING BACK AND FORTH. WE NEVER OPENED THE ITEM, WHICH HE SPENT FOUR MINUTES TALKING ABOUT, THE ITEM THAT HE DIDN'T WANT TO OPEN. SO DO YOU WANT TO TALK ABOUT THE POLICY OR THE ITEM? THE ITEM? OKAY. WELL, THIS IS ALL GREAT FEEDBACK FOR THE POLICY, THE PHASE ONE AND THE CITYWIDE, WHICH WE'LL BRING BACK TO YOU GUYS WITH AFTER WE GO THROUGH RFP PROCESS. SO THANK YOU ALL. I HAD A QUESTION. THE RFP THAT YOU'RE REQUESTING IS FOR THE WEBSITE STUFF, RIGHT? NO, THAT'S FOR THE CITYWIDE POLICY. WE'LL HAVE A THIRD PARTY DEVELOP THE POLICY. YES. THAT'S CORRECT. SO WE DO NEED TO DEAL WITH THE RFP, RIGHT? NO, THIS WAS JUST FEEDBACK ON IT. I GOT THE FEEDBACK. AND WE'RE GOING TO MOVE FORWARD. WHEN SOMEONE IS AWARDED THAT. WE WILL BRING IT BACK TO YOU ALL FOR THEM TO START THE PROCESS. OKAY. WE WILL DECIDE OUR POLICY. THANK YOU GUYS. ALL RIGHT. MAYOR MITCHELL HAS HIS HAND UP. I JUST I WANT TO ADD ONE, ONE PIECE OF COMMENTARY AS IT RELATES TO THE DATA POLICY, BECAUSE I ACTUALLY THINK THAT THERE'S KIND OF A PROFOUND DIFFERENCE BETWEEN THE ALPR SYSTEMS AND EVERYTHING ELSE THAT WE'VE DISCUSSED IN TERMS OF ON BODY CAMS AND, YOU KNOW, POLICE DASH CAMS AND, YOU KNOW, ALL THE DIFFERENT WAYS THAT WE USE LICENSE PLATES AS AND OR VIDEO AS AN IDENTIFIER IN ORDER TO, YOU KNOW, HELP US SOLVE CRIMES. THE ALPR, THEY REALLY ARE A FUNDAMENTALLY DIFFERENT CATEGORY, WHICH IS WHY I'M VERY HAPPY FOR THIS ITEM. SO, YOU KNOW, THE THE, THE QUESTION THAT WE NEED TO BE ASKING OURSELVES IS WHEN IT COMES TO, YOU KNOW, A, A, AN AUTOMATED LICENSE PLATE READER, THAT WHEN YOU WHEN YOU THINK OF THAT, YOU NEED TO THINK OF A TOLL ROAD THAT CAPTURES LICENSE PLATES FOR EVERY SINGLE VEHICLE THAT

[01:50:05]

[01:55:06]

SO TO ME, THIS ISSUE IS ABOUT THE VENDOR THAT WE'RE CHOOSING TO USE. IT HAS NOTHING TO DO WITH ANYTHING THAT OPERATIONALLY THAT TAKES PLACE BY YOU, YOU, YOUR OFFICERS OR ANYBODY ELSE WITHIN KPD. MY ISSUE 100% IS WITH THE VENDOR AND I WAS HOPING THAT WE COULD TALK ABOUT THIS THROUGH THE THE CONTRACT. WHICH WE ARE DOING WHEN THE ITEM IS NOT EVEN CALLED UP, WHICH THE MAYOR'S HAND IS UP. SO I'M GUESSING WE'RE GOING TO CONTINUE TALKING ABOUT IT, MAYOR MITCHELL OR YOU KNOW WHAT? COUNCIL MEMBER ZUNIGA GO AHEAD. YEAH, I'LL ECHO SOME OF THE THINGS THAT THE MAYOR WAS SAYING. BUT BACK TO JESSE WITH THE NEW DATA POLICY, I ALSO LIKE TO TIE IN EMERGENCY CALLS AND HOW THEY'RE ASSOCIATED WITH THE THE NEW, YOU KNOW, THE NEW TOOLS THAT WE HAVE 911 CALLS LIKE THOSE IN THE REPORTS AS WELL. I THINK THOSE ARE INVALUABLE TO THE COMMUNITY TO SEE. I THINK THAT WHAT WE'RE LOOKING AT, THE PRIVACY, JUST TO TOUCH BACK ON, HOW DO WE SAFEGUARD THAT, WE WANT TO ENSURE OUR COMMUNITY THAT THE THAT THE THERE'S NO BACKDOOR CHANNELS TO GET ACCESS TO THE INFORMATION, THAT THERE ARE NO TECHNICAL WORKAROUNDS. RIGHT. BECAUSE I THINK THAT, YOU KNOW, WE WANT WE WANT TO BE ABLE TO HAVE THE RIGHT TOOLS AND AND HAVE THAT BALANCE WHERE THE PRIVACY DATA IS SECURED. SO I THINK THAT WE'VE READ SOME REPORTS WHERE AGENCIES WERE ABLE TO GET INTO FLOCK OR WHATEVER SYSTEMS, AND THEN THEY WERE ABLE TO USE THAT DATA FOR MISUSE PURPOSES OR WHETHER GIVEN THE POLITICAL CLIMATE, YOU KNOW, TO ARREST ILLEGALS, RIGHT. WHICH THAT THAT'S A, THAT'S A, THAT'S A LAW. RIGHT. SO I THINK THE, THE VULNERABLE COMMUNITIES ARE AFRAID OF THIS TYPE OF PRIVACY BEING REACHED OUT. SURE. AND SO, SO HOW DO WE HOW DO WE GIVE EACH OTHER THAT CONFIDENCE THAT, YOU KNOW, WE'RE GOING TO HAVE THOSE PROPER SAFEGUARDS? AND WHAT WHEN SOMEONE ASKS FROM ANOTHER AGENCY, HEY, I WANT ACCESS INTO YOUR SERVER, HOW QUICK DO THEY GET THAT ACCESS. LIKE WHAT? WHAT IS THE WHO IS VERIFYING THAT THEY'RE THAT THAT THAT THEY WANT THE ACCESS FOR AN EMERGENCY OR FOR FROM A TECHNICAL STANDPOINT, I CAN HAVE THE CHIEF TALK ABOUT HOW IT WORKS STEP BY STEP, BUT JUST HEARING A LOT OF THE MAYOR'S COMMENTS. MAYOR PRO TEM COMMENTS, I THINK FROM A FROM THE FULL CITY DATA WIDE POLICY STANDPOINT, A LOT OF THOSE ELEMENTS WILL BE LOOKED AT WHO'S UTILIZING OUR DATA, WHAT THE COMPANIES ARE. BUT THEN ALSO THE THE PUBLIC ENGAGEMENT PORTION IS A HUGE PART OF THAT.

GETTING FEEDBACK FROM THE COMMUNITY AND HOW THEY FEEL ABOUT THAT AS A WHOLE BUILT INTO THE POLICY ITSELF. BECAUSE A LOT OF THIS DOES INVOLVE THE COMMUNITY AND HOW THEY FEEL ABOUT IT. AND SO THAT WILL BE A LARGE PORTION OF OF PUTTING TOGETHER THAT FULL DATA POLICY.

I THINK THAT WILL HELP ON ON BOTH THOSE FRONTS. IF YOU WANT TO SPEAK TO THE HOW IT WORKS STEP BY STEP, WHEN SOMEONE SEARCHES, ONE VERY IMPORTANT COMMENT THAT I THINK MAY MAY REMEDY THE CONCERN. THE KYLE POLICE DEPARTMENT'S DATA THAT IS COLLECTED THROUGH THE FLOC SYSTEM IS PROHIBITED FROM USE FOR IMMIGRATION PURPOSES. SO WHEN THE OFFICERS HAVE TO SELECT THE TYPE OF CRIMINAL OFFENSE THAT THEY'RE INVESTIGATING, IF THEY CHOOSE ANYTHING RELATED TO IMMIGRATION, ANY FORM OF THE WORD, ANY ATTEMPT TO USE SOMETHING SIMILAR TO THAT TERMINOLOGY, IT WILL REJECT THEIR SEARCH. NOW, THEY MAY NOT KNOW IT ON THEIR

[02:00:06]

BUT YEAH, HOPEFULLY THAT HELPS PUT THAT TO REST. CHIEF, WHAT IF SOMEBODY PUTS IN A SEARCH BUT THEY'RE REALLY LOOKING FOR SOMETHING ELSE? IS THAT POSSIBLE IN THE SYSTEM? IT IS ABSOLUTELY POSSIBLE. IF THEY LIE AND PUT ON THERE, THEY'RE WORKING A THEFT CASE AND THEY'RE WORKING FOR SOMETHING DIFFERENT. THAT IS NOT ONLY THAT IS NOT ONLY A CRIMINAL OFFENSE IN PROBABLY EVERY STATE THAT THEY COULD WORK IN, BUT ALSO WOULD VIOLATE THAT USER AGREEMENT. CERTAINLY IT WOULD DEPEND ON US FINDING THAT OUT AND THEY COULD LIE ON THE SYSTEM. BUT IF WE FIND OUT THEY'RE DOING THAT INTENTIONALLY, THEN WE'LL USE EVERY PART OF THE LAW AND OUR POLICY AND OUR AGREEMENT TO PUT A STOP TO THAT AS WELL RESTRICT THE ACCESS, OR WE WOULD DO MUCH MORE THAN THAT. IF I FOUND OUT THAT ANOTHER LAW ENFORCEMENT AGENCY WAS LYING IN THE SYSTEM TO TRY TO GAIN ACCESS TO OUR DATA, I WOULD PURSUE EVERY CRIMINAL CHARGE POSSIBLE FOR THAT, BECAUSE THAT IS AGAINST THE LAW, AND IT IS INAPPROPRIATE, ACCORDING TO OUR AGREEMENT THAT WE HAVE IN PLACE, AND WE WOULD IMMEDIATELY REMOVE THAT DEPARTMENT UNTIL SUCH TIME, MAYBE FOREVER, BUT UNTIL SUCH TIME, WE FELT THAT THEY HAD REMEDIED THAT AND THAT THAT WOULD NEVER HAPPEN AGAIN WITHIN THEIR ORGANIZATION. AND HOW MUCH TIME DO THEY USUALLY SEARCH WHEN THEY SAY THEY'RE GOING TO SEARCH FOR SOMETHING? WHAT'S THE THE PROCESS? WELL, AGAIN, NORMALLY THEY'RE NOT SEARCHING FOR THE CITY OF KYLE.

THEY'RE SEARCHING FOR A LICENSE PLATE WHEREVER IN THE WORLD IT APPEARS. SO THEY MAY RUN THAT LICENSE PLATE ONCE OR TWICE. AND IF THEY NEED TO WAIT ANOTHER 30 DAYS TO RUN IT AGAIN TO SEE IF THE VEHICLE THAT'S THE HOMICIDE SUSPECT IN ANOTHER STATE SHOWS UP SOMEWHERE, THEY CERTAINLY MIGHT DO THAT. BUT I CAN, FROM A PRACTICAL STANDPOINT, WHEN OUR OFFICERS ARE LOOKING FOR A SUSPECT AND WE HAVE A LICENSE PLATE NUMBER AND IT'S PERHAPS A FELONY OFFENSE OR AGGRAVATED ROBBERY, THEY'RE GOING TO USE THAT EVERY CHANCE THEY GET TO FIND THAT VEHICLE. THEY'RE GOING TO RUN IT AND SEE WHERE IT'S AT. DID IT CROSS WHAT IN WHAT DIRECTION DID IT TRAVEL AFTER THE CRIME AND GIVE US SOME IDEA. CAN WE CATCH UP TO IT? DO WE NEED TO ALERT AUSTIN OR SAN MARCOS OR SAN ANTONIO OF THE DIRECTION OF THE FLEEING VEHICLE? SO YEAH, WHAT I'LL JUST ADD TO THAT IS WHEN SOMEONE COMMITS A CRIME OR A KIDNAPING, IT DOESN'T STOP AT A JURISDICTION. SO YOU HAVE TO HAVE THIS NETWORK TO BE ABLE TO CATCH AND A QUICK RESPONSE TIME, A MISSING PERSON OR SOMETHING. ONE OF THE MAJOR FACTORS AFTER NINE OVER 11, IF YOU'LL REMEMBER, THAT THAT LAW ENFORCEMENT WAS CRITICIZED FOR, WAS NOT SHARING INFORMATION SO THEY COULD PROTECT THE PUBLIC. LAW ENFORCEMENT IS TRYING TO DO EXACTLY WHAT CITIZENS EXPECTED.

SHARE LAW ENFORCEMENT AGENTS AGENCIES ACROSS THE COUNTRY SO THAT YOU CAN PREVENT CRIMES AND APPREHEND CRIMINALS. AND THAT'S REALLY WHAT THIS SYSTEM IS ALL ABOUT. COUNCIL MEMBER HARRIS, I JUST WANT TO EMPHASIZE THAT IT IS NOT JUST THESE SYSTEMS THAT YOU CAN GET INFORMATION FROM.

YEARS AGO THERE, I WAS INVOLVED IN A DOMESTIC VIOLENCE CASE AND WAS ABLE TO ACCESS THAT. THE PERPETRATORS LICENSE PLATE, WHERE HE HAD GONE, WHERE HE WAS THROUGH SYSTEMS OTHER THAN POLICE, YOU KNOW, THE TOLL ROADS. JUST GENERAL CAMERAS IN PARKING LOTS. IF I HAD A GUESS WHERE HE MIGHT BE. SO THESE SYSTEMS HAVE BEEN TRACKING PEOPLE FOR A LONG TIME. MANY OF THEM ARE STILL READILY AVAILABLE OR AT LEAST AVAILABLE. IT'S NOT JUST THESE CAMERAS THAT ARE AVAILABLE. ALL GOOD POLICY DISCUSSION. ALL RIGHT. ARE WE GOOD? OKAY. JESSE. YOU

[VI) Consent Agenda]

[02:05:01]

[7) (First Reading) Consider approval of an ordinance repealing Chapter 11, Article III, Division 2 of the City’s Code of Ordinances relating to coin-operated machines.]

[13) Consider approval of a co-operative purchase agreement with Kahua, Inc., in the amount of $167,007 for the first year of an annual subscription and implementation of a CIP project management software.]

SO FOR EXAMPLE WE'RE CURRENTLY USING PROCORE FOR ROBOT PROJECTS AND THE CITY DOES NOT HAVE ADMIN RIGHTS OVER THOSE. THIS IS GOING TO BE SO THE KAHUNA IS GOING TO PROVIDE THE PROJECT MANAGEMENT SOLUTION FOR ALL THE CONSTRUCTION, PROJECT MANAGEMENT, CONSTRUCTION PROJECTS. AND THIS ALSO HAVE THE CAPABILITY TO HAVE INSPECTORS USE THE SAME SOFTWARE. SO WE'RE ALL SYNCED ACROSS DEPARTMENT ON THOSE PROJECTS. WE DID HAVE A COUPLE MEETINGS WITH THEM. SO THEY HAVE THE SOLUTION FOR THE TYPICAL CONSTRUCTION MANAGEMENT.

SO SUCH AS REQUEST FOR INFORMATION CHANGE ORDER TRACKING AND COMMENTS ON THE PLANS, TRACKING ALL THE INFORMATION RECEIVED AND SENT. IT ALSO HAS THE CAPABILITY TO HAVE A PROJECTION ON YOUR BUDGET. SO IT DOES HAVE THE BUDGET MANAGEMENT INTEGRATED INTO IT. SO WE WILL BE ABLE TO CALCULATE BURN RATE OF THE PROJECT AND LOOK AT THE

[02:10:04]

AND THIS ALSO, WE DID SPECIFICALLY ASK FOR INTEGRATION WITH GIS SYSTEM, AS WELL AS OUR OPENGOV TO SUPPORT DATA TRANSPARENCY AS WELL AS OUR GIS DATABASE. SO THAT'S THE REASON THAT WE WOULD LIKE TO GET THIS CONTRACT. OH YEAH. I MEAN IT SOUNDS LIKE WE NEED IT.

I MEAN, SO WHAT HAVE YOU ALL BEEN USING IN THE PAST I MEAN, PRESENTATIONS CUT AND PASTE, CUT CUT CUT AND PASTE FILES. SO IT SOUNDS LIKE Y'ALL BEEN CUTTING AND PASTING FROM THE VENDORS. WE KIND OF. YEAH, WE USE THE SOFTWARE FROM VENDORS AND ALSO WE USE SPREADSHEETS CURRENTLY. SO THERE'S A LOT OF DATA TO MANAGE IN THE CONSTRUCTION. AND WE WANT TO MAKE SURE OUR SOP IS FOLLOWED AND THAT THE PROCESS ARE CONSISTENT. AND THIS IS A PRETTY SIMPLE LIKE A POWERPOINT OR PUBLISHER KIND OF SOFTWARE. SOMETHING SOMETHING SIMPLE.

YEAH. AND VERY SIMPLE. AND IT ALSO HAS DASHBOARDS TO SHOW THE, THE STATUS OF ALL THE PROJECTS AND WHERE WE'RE AT WITH THE BUDGET. AND ALSO THE NICE THING IS IT HAS UNLIMITED LICENSES AND THE CITY WILL HAVE THE ADMIN RIGHTS FOR ALL THOSE. AND WHEN WE BRING CONTRACTORS, ENGINEERS ON ON BOARD FOR THE PROJECT, WE CAN SHARE ONE LICENSE WITH THEM AND ASSIGN THEIR RIGHTS JUST TO THAT PROJECT TO UPLOAD AND DOWNLOAD THEIR INFORMATION. THANK YOU.

I'M REALLY, REALLY IMPRESSED THAT WE'RE TRYING TO SYNC AND INTEGRATE ALL OF THIS TOGETHER.

YEAH. THANK YOU. I DO HAVE SOME COMMENTARY ON THAT. SO THIS WILL HELP SPEED UP PROJECTS TO COMPLETION. CORRECT. SO THE SAVINGS ON THIS COULD BE IN THE MILLIONS. SO REALLY WHAT THIS IS WE'RE SPENDING ON THIS $167,000 COULD SAVE US MILLIONS OF DOLLARS IN THE FUTURE.

GETTING THE PROJECTS GOING IN REAL TIME, CORRECT? YEAH. WE GOT FOUR QUOTES FROM BY BOARD.

AND THIS IS THE BEST. YEAH. SO FROM THE FUNCTIONALITY, THE COST. BUT HAVING THE SYSTEM IN HERE HELPS US COMPLETE OUR ROAD PROJECTS QUICKER. CORRECT. BECAUSE WE EVERYBODY'S TALKING TO EACH OTHER. IT WILL HELP US TO BE MORE CONSISTENT AND EFFICIENCY IN OUR PROJECT MANAGEMENT. AND THAT SAVES US MILLIONS OF DOLLARS. SO YEAH, I THINK THIS IS A SMALL INVESTMENT FOR MILLIONS OF DOLLARS. AND YEAH, I DO WANT TO EXPLAIN THAT BECAUSE I ALSO HAVE A PROJECT TEAM THAT WILL BE ASSIGNED TO US TO HELP US WITH SETUP AND ALL THE MAINTENANCE ISSUES. THE INITIAL SETUP, I BELIEVE, IS 87,000, AND THE ANNUAL SUBSCRIPTION IS JUST RIGHT UNDER 100,000. OKAY. THANK YOU. MR. MAYOR PRO TEM, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 13. SECOND MOTION TO APPROVE AGENDA ITEM 13 MADE BY COUNCILMEMBER ZUNIGA, SECONDED BY COUNCIL MEMBER RIZZO. IS THERE ANY DISCUSSION ON THAT MOTION? NOPE. ALL IN FAVOR, SAY AYE. AYE AYE. ALL OPPOSED? MOTION PASSES SIX ZERO. NEXT UP ON THE AGENDA IS AGENDA

[19) (First Reading) Consider approval of an ordinance amending Chapter 54 by adding Section 54-13 to establish Public Tree Care regulations, designating the Parks and Recreation Board as the Public Tree Care Advisory Board, and authorizing application to the Arbor Day Foundation for designation as a “Tree City USA".]

[24) Consider approval of a resolution authorizing an option contract for potable water reservation and diversion with the Nueces River Authority in the amount of $273,763.]

[02:15:06]

WE DON'T. SO WE WANT TO MAKE SURE TO HAVE THE RIGHT OPERATORS. THE COMPANY WHO IS GOING TO BUILD IT IS ALSO GOING TO OPERATE IT. THAT PROCESS WILL BE TAKING PLACE OVER THE NEXT THREE MONTHS. ON WHO THAT FIRM IS GOING TO BE. ONE OF THE REQUIREMENTS IS THEY HAVE TO HAVE MULTIPLE 100 MILLION GALLON FACILITIES THAT THEY ARE CURRENTLY RUNNING AND OPERATING, AND THEY HAVE TO HAVE SEVERAL OF THEM OVER 20 YEARS OLD, BECAUSE WE WANT TO SEE WHAT THESE PLANTS LOOK LIKE AFTER 20 YEARS, OF COURSE, THE BIGGEST PLANTS IN THE WORLD ARE IN ISRAEL, CHILE, SAUDI ARABIA, JAPAN. THOSE ARE SOME OF THE LARGEST PLANTS IN THE WORLD THAT WE'VE ALREADY HAD A CHANCE TO VISIT THROUGH THIS PROCESS. HARBOR ISLAND. SO THAT'S A PICTURE OF HARBOR ISLAND. SO LIKE I SAID, THAT'S WHERE YOU GET ON THE FERRY TO CROSS OVER INTO PORT ARANSAS. THAT'S THE GREEN AREA TO THE LEFT THERE THAT IS CURRENTLY OWNED BY THE

[02:20:01]

THE INTAKE IS ABOUT 1.3 MILES OUT INTO THE GULF, AND THEN THE DISCHARGE IS ABOUT 1.8 MILES OUT INTO THE GULF, AND THAT'S ABOUT 40FT. THOSE ARE TWO VERY IMPORTANT DEPTHS, BECAUSE IF THERE WAS AN OIL SPILL OR IF THERE WAS RED TIDE, IF YOU'RE FAMILIAR WITH THE COASTAL REGION, RED TIDE, ALL OF THAT IS WELL ABOVE THERE. SO IF ANY OF THOSE TYPES OF EVENTS HAPPEN, WE DON'T HAVE TO SHUT DOWN PRODUCTION. AND THAT'S AND THAT'S ALSO BELOW THE HURRICANE LINE. SO WHEN THE HURRICANES COME THROUGH THEY PUSH OUT THERE. THEY DON'T THEY'RE NOT THAT DEEP WHERE THEY'RE GOING TO DIG UP AND MESS UP OUR PIPES. IF ONE DIRECTLY HITS OVER, WE'RE GOING TO HAVE TO COME AND TAKE THE SAND OFF THE FACILITY BECAUSE IT WILL PUSH SAND UP ON IT, BUT IT WON'T DIRECTLY IMPACT US IF A HURRICANE DOES COME. SO THOSE ARE VERY IMPORTANT PRODUCTION ITEMS TO OUR PROCESS. SO WE WON'T HAVE ANY ISSUES WITH THE FACILITY IN CASE OF ANY TYPE OF EVENT. AND IT'S ALSO THE AQUATIC LIFE, RIGHT? IF YOU'RE TOO LOW, YOU HURT THE AQUATIC LIFE AT THE BOTTOM, YOU'RE TOO HIGH. YOU'RE AQUATIC LIFE AT TOP, CORRECT? CORRECT. YEAH. SO GOING THROUGH THIS PROCESS, WE WERE ABLE TO AVOID ALMOST ALL THE ENVIRONMENTAL IMPACTS THAT YOU HAVE TO GO THROUGH TO GET YOUR PERMITTING FOR IT. THE ONLY TWO WE COULDN'T AVOID COMPLETELY WAS, OF COURSE, THE SALINITY. WE'RE GOING TO PUT BRINE WATER BACK INTO THE GULF AND THEN THE LARVA FISH. SO REDFISH DO SPAWN OUT THERE, BUT THEY DON'T SPAWN AS DEEP AS WE'RE GOING TO BE AT. SO WE DON'T BELIEVE THERE WILL BE ANY IMPACT. WE'VE BEEN WORKING WITH OUR ENVIRONMENTAL PARTNERS DOWN THERE TO DO THE BEST JOB WE CAN TO WHERE WE MAKE THIS PLACEMENT, BUT WE HAVE TO SAY THAT WE HAVE MINIMIZED IT, BUT WE DIDN'T COMPLETELY AVOID IT BECAUSE WE ARE GOING TO BE PUTTING BRINE WATER BACK INTO THE GULF OF MEXICO. I MEAN, THAT'S JUST THE REALITY OF WHERE WE'RE AT. SO THE INCLUDING WITH OUR PRODUCTION PLANT, WITH THE PORT OF CORPUS CHRISTI, INCLUDES GETTING IT OFF THE ISLAND. THEY ALREADY HAVE THE EASEMENTS AND EVERYTHING WITH ARMY CORPS OF ENGINEERS, THE GLOW TO GET THE WATER OFF THE ISLAND, THAT'S VERY IMPORTANT. WE GOT TO GET IT FROM HARBOR ISLAND ONTO THE MAINLAND. AND THIS SHOWS A LITTLE BIT OF OUR CONVEYANCE SYSTEM. THERE WILL BE ROUGHLY AN 84 INCH DIAMETER PIPE THAT'S GOING TO COME UP OFF THE ISLAND. ONCE WE GET INTO PORT ARANSAS, UP INTO THE I-35 CORRIDOR, THEN THERE'LL BE TWO SPLITS. THERE'LL BE A WESTERN LAKE THAT'S GOING TO GO OUT TOWARDS THE HONDO MEDINA VALLEY AREA, AND THEN THERE'S GOING TO WANT AN EAST LINE THAT'S GOING TO COME UP THIS DIRECTION TOWARDS YOU GUYS. WE ARE ALREADY STARTING THE PRELIMINARY DESIGN ON THAT PIPELINE. WE WILL HAVE THAT DETAILED DESIGN BY THE END OF 2026. OUR THAT'S VERY IMPORTANT WHILE RIGHT NOW IS IF YOU GUYS ARE CONSIDERING THIS ITEM IS ALL OF OUR INITIAL CUSTOMERS ARE GOING TO HELP US THROUGH THIS PROCESS OF HOW THAT PIPELINE. WE HAVEN'T DESIGNED IT COMPLETELY, SO WE WANT TO IMPACT FROM OUR CUSTOMERS WHO HAD TO DO THAT. SO HOPEFULLY WE CAN MINIMIZE THE COST THAT YOU GUYS HAVE TO DO TO GET THE WATER FROM OUR LINE INTO YOUR SYSTEMS. SO THAT'S VERY IMPORTANT.

MILESTONE IS TO BE YOU WANT TO GET EARLY IN ON THIS PROCESS AS WE'RE GOING THROUGH THIS PIPELINE DESIGN. I DO NEED TO UPDATE THIS SLIDE. WE'RE DOWN TO ONLY TWO PERMITS LEFT THAT WE NEED TO REQUIRE. THAT IS OUR WATER USE PERMIT FROM THE ARMY CORPS OF ENGINEERS. AND THE GLOW WHICH IT'S ALL BEEN ADMINISTRATIVELY COMPLETE, AND WE ARE EXPECTING SIGNATURES FROM THAT IN THE NEXT 30 DAYS. AND THEN OUR DISCHARGE PERMIT, EVERYTHING HAS ALSO BEEN COMPLETED ON THAT. WE'RE EXPECTING THAT IN THE NEXT 60 TO 90 DAYS. SO WE SHOULD HAVE ALL OF OUR PERMIT EASEMENTS ACCESS AND ALL THAT COMPLETED HERE SHORTLY. THIS IS A GENERAL OVERALL TIMELINE OF WHERE WE'RE AT. SO KIND OF WE'LL GO I DON'T HAVE TO GO. I WON'T GO THROUGH ALL OF THEM UNLESS YOU GUYS WANT US TO. BUT BASICALLY WE'LL THE PLAN WILL BE ONLINE BY 2029,

[02:25:01]

ONE THING I DIDN'T MENTION EARLIER IS SO WE'RE STARTING PHASE ONE IS FOR 100 MGD.

EVERYTHING WE'RE BUILDING IS TO GO UP TO 500 MGD IN THE LONG RUN, BECAUSE WE THE 100 MCG IS JUST THE FIRST STEP THAT DOESN'T SOLVE OUR WATER PROBLEM. LIKE I TOLD YOU EARLIER, WE'RE OVER 400 MILLION GALLONS IN THE NEXT 30 YEARS IN OUR REGION. SO WE WILL BE GOING ON PHASE TWO AND PHASE THREE. BUT IF Y'ALL DO COMMIT TONIGHT, THAT FIRST PHASE IS COMPLETELY SOLD OUT.

SO AS FAR AS MOVING FORWARD, I THINK THAT'S ABOUT AS CONFIDENT AS WE CAN GET BECAUSE WE HAVE THE CUSTOMERS LINED UP TO TAKE ALL THIS WATER. SOUNDS GOOD. THANK YOU FOR ADDRESSING THAT CONCERN. APPRECIATE IT. I THINK ONE OF THE THINGS THAT COUNCIL MEMBER RIZZO ALLUDED TO IS, FINANCIALLY, HOW CAN WE BE MOST ASSURED THAT THIS AUTHORITY IS STABLE AND CAN MEET THE COMMITMENTS WE ARE? SO WE'RE A SUBDIVISION OF THE STATE. WE HAVE FULL BACKING OF THE STATE OF TEXAS TO FUND THESE TYPES OF PROJECTS. IF YOU'RE FAMILIAR WITH THE CITY OF CORPUS CHRISTI REGION, THE MARY ROSE PIPELINE WAS A MULTI HUNDRED MILLION DOLLAR PROJECT BUILT IN THE 90S.

NOW IT WOULD BE A SEVERAL BILLION DOLLAR PROJECT. WE WERE THE BACKING FOR THAT PROJECT TO MAKE SURE THAT PROJECT WENT THROUGH, AND IF IT WASN'T FOR US AND WORKING WITH THE PORT OF CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI, THEY WOULD BE OUT OF WATER IN CORPUS. TODAY, I BELIEVE IT'S ABOUT 80% OF THEIR WATER COMES FROM THAT PIPELINE. SO WE'VE BUILT PROJECTS LIKE THIS BEFORE. THE CHOKE CANYON RESERVOIR WE WERE PART OF ALSO FINANCED IT TO BUILD IT. SO WE BUILT THESE TYPES OF PROJECTS. THAT'S WHY WE WERE ABLE TO DO THESE TYPES OF THINGS. SO I'M WE HAVE FULL FAITH THAT WE WILL HAVE THE FUNDS TO BACK THIS, WHETHER WE GO THROUGH THE BOND OR WE DO GET STATE PARTICIPATION THROUGH THE WATER DEVELOPMENT BOARD.

WE'VE DONE IT FOR MANY YEARS. YOU'VE DONE THIS FOR MANY YEARS. YES, MA'AM. MY OTHER QUESTION IS THAT POLLUTION IS A SERIOUS ISSUE WITH MANY DESAL PLANTS INO ME, WHY IT'S LESS OF A PROBLEM THAN OTHER DESAL PLANTS MIGHT HAVE. WELL, THE BIGGEST DIFFERENCE BETWEEN US AND THE OTHER PLANTS THAT WERE PROPOSED HERE IN TEXAS, THOSE WERE BASE. THEY WERE TRYING TO INTAKE AND

[02:30:01]

AND SO THIS ISN'T THIS ISN'T NEW TO THE WORLD. IT'S NEW TO AMERICA, NEW TO TEXAS. THE LARGEST PLANT IN THE US IS IN CARLSBAD, CALIFORNIA, WHICH WE HAVE BEEN TO, AND THAT'S 50 MILLION GALLONS A DAY. SO THIS WOULD BE THE LARGEST PLANT IN THE US. BUT FOR ISRAEL, FOR INSTANCE, THEY PRODUCE HUNDREDS AND HUNDREDS OF THEY'VE TURNED THEIR DESERTS INTO CROPS. I MEAN, THEY FILL THEIR FOOD PRODUCER EXPORTER BECAUSE OF THE DESAL PROCESS. SO IT'S VERY COMMON EVERYWHERE. WE JUST DON'T DO IT IN AMERICA BECAUSE WE'RE USING FREE WATER FOR A LONG TIME. WELL, BECAUSE WE HAD AN ABUNDANCE OF IT FOR A WHILE. RIGHT. BUT NOW WE'RE FACING HARDER DROUGHTS THROUGHOUT THE REGION. SO I GUESS I WAS GOING TO ASK YOU, WHAT HAVE BEEN SOME OF THE, I GUESS, SOME OF THE PROBLEMS THAT OTHER BIG INDUSTRIES WITH DESALINATION HAVE FACED. I MEAN, I SEE A LOT OF TRANSMISSION HERE, A LOT OF ELECTRICAL USE, A LOT OF PUMPING, BUT WHAT ARE THE PROBLEMS THAT THEY FACE WHEN YOU GO OFFSHORE? WE HAVEN'T SEEN ANY MAJOR IMPACTS. ELECTRIC ELECTRICAL COSTS ARE OBVIOUSLY ELECTRICITY IS ONE OF THE BIGGEST COMPONENTS OF THE PRICING IS WHAT THE COST OF ELECTRICITY. BUT AS FAR AS ANY ENVIRONMENTAL IMPACTS GOING OFFSHORE, WE'VE SEEN NO, THERE'S BEEN PLENTY OF STUDIES.

I MEAN, IF CARLSBAD, CALIFORNIA, I MEAN, WITH THE ENVIRONMENTAL REGULATIONS THEY HAVE THERE CAN PULL IT OFF. AND THEY HAVE THEY'VE HAD ZERO DAYS AND THERE'S BEEN RUNNING FOR OVER 20 YEARS. WE FEEL CONFIDENT AND THEY'RE DUMPING THEIRS AT THE SHORELINE. WE'RE TAKING OURS OUT INTO THE GULF. SO WE FEEL VERY CONFIDENT THAT WE ARE NOT GOING TO HAVE ANY IMPACT ON THE ENVIRONMENT. SO IT'S ALMOST A GREEN SOURCE, BUT IT'S NOT TOTALLY RENEWABLE GREEN, BECAUSE YOU ARE YOU DO HAVE A COST IN THE YOU DO HAVE A HIGH ELECTRICAL COST IMPACT. WE WILL THERE'S A LOT OF NEW TECHNOLOGIES COMING ONLINE TO BRING THAT ENERGY COST DOWN, BUT WE WILL HAVE THAT. BUT AS FAR AS BEING GREEN, YOU ARE HAVE A RENEWABLE WATER SOURCE THAT YOU'RE NOT TAKING WATER FROM OUR LAKES, RIVERS AND DUMPING IT INTO THE BAYS. SO WE FEEL THAT WE'RE BEING ENVIRONMENTALLY CAUTIOUS AS POSSIBLE, BUT WITH THE NEED FOR THE WATER THAT WE HAVE, I MEAN, WE, WE, WE NEED WE REALLY NEED THE WATER. AND WE'RE TRYING TO BE ENVIRONMENTALLY SAFE AT THE SAME TIME. AND WE FEEL THIS IS THE BEST SOLUTION. WE'VE LOOKED AT LOTS OF DIFFERENT PROJECTS AND THIS IS OUR ONLY REAL SOLUTION. WE THINK GET THE LARGE SCALE WATER THAT WE DO NEED. I'M GLAD TO HEAR THAT, BECAUSE I DO SHARE THE SAME CONCERNS WITH ALL COUNCIL THAT WE HAVE TO BE CAREFUL WITH THE TAX DOLLARS AND NOT NOT DUMP IT INTO A PROJECT THAT COULD BREAK AT THE END BECAUSE OTHER AGENCIES OR OTHER MUNICIPALITIES GOT OUT OF THE DEAL, OR THERE WASN'T FUNDED SUFFICIENTLY. SO THERE'S TOO MUCH NOW TO COMPLETE IT. YOU KNOW, THE COSTS GO UP AND WE WE JUST CAN'T GET THERE. AS OF THIS EVENING, I BELIEVE WE'RE AT ABOUT 30 DIFFERENT CITIES, AND WATER DISTRICTS ARE SIGNED ON TO BE PART OF THIS PROJECT. SO IT'S BIGGER THAN JUST ONE CITY, ONE ENTITY. IT'S A TRUE STATEWIDE PROJECT. AND OF COURSE, I'M GLAD THAT YOU MENTIONED THE STATE PROPOSITION.

IT'S IMPORTANT THAT WE GET THAT WATER FUND FUNDED FOR FOR OUR STATE IMPORTANT. YES. IT'S ALSO AN ECONOMIC DRIVER, SO THAT WE ALL DEPEND ON ONE OF THE BIGGEST THINGS WE WANT TO USE THAT MONEY FOR IS TO UPSIZE THE LINES NOW. SO AS WE'RE GOING TO TO 200 TO 300 FOR LIKE IF YOU'RE TAKING TEN NOW, BUT YOU KNOW, TEN, 15 YEARS FROM NOW YOU MIGHT NEED 20, 25, 30. WELL, WE WANT TO MAKE SURE THE INFRASTRUCTURE AND THE GROUND IS BIG ENOUGH SO WE DON'T HAVE TO RESTART OVER AND BUILD NEW PIPELINES, BECAUSE THAT'S GOING TO BE THE MOST EXPENSIVE PART, IS THE INITIAL PIPELINES. AND NOW, I GUESS I WAS TOLD THAT SOME INFORMATION I HAVE THAT A LOT OF THE EASEMENTS HERE WILL BE GOING THROUGH TEXDOT. SO THAT COULD SPEED UP THE TIMELINE FOR YOU. A LOT OF OUR LOWER BASIN TO GETTING IT TO THIS GENERAL AREA. YES. THAT'LL GO. WE'RE HOPING TO GO THROUGH TEXDOT. IT GETS A LITTLE TRICKIER ON I-35 CORRIDOR HERE BECAUSE OF THE GROWTH OVER IT, BUT THE I-37 CORRIDOR IS A LOT MORE OPEN THAN THE BUT, SO

[02:35:05]

IT'S IT'S NOT. SO I DON'T THINK THE TECHNOLOGY IS QUITE THERE ON PHASE ONE TO GET THE ENERGY WE NEED TO GO THROUGH THAT GREEN ENERGY. BUT AS WE'RE BUILDING, KEEP SCALING UP THINGS KEEP IMPROVING. SO I THINK THERE ARE OTHER OPTIONS THAT WE CAN DO TO GO AS GREEN AS POSSIBLE WHEN IT COMES TO ENERGY. THANK YOU. BECAUSE THAT'S GOING TO BE ONE OF THE BIGGEST COSTS OF THAT PRICE. THAT 10 TO $15 IS ACTUALLY YOUR ENERGY COST. DIVERSIFYING OUR WATER PORTFOLIO SOURCES JUST MAKES US STRONGER AS A COMMUNITY COMMUNITY, ESPECIALLY HAVING ACCESS TO SOMETHING THAT, YOU KNOW, DROUGHT DOESN'T AFFECT. SO WITH THAT BEING SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 24 SECOND. SECOND MOTION TO APPROVE AGENDA ITEM 24 MADE BY COUNCILMEMBER MCKINNEY, SECONDED BY COUNCIL MEMBER HARRIS. IS THERE ANY DISCUSSION ON THE MOTION? YEAH, I JUST WANT TO SAY THANK YOU FOR YOUR PRESENTATION. VERY INFORMATIVE. THANK YOU FOR THE WORK YOU DO AND WHAT THE AUTHORITY IS DOING AS WELL TO MAKE SURE THAT TEXAS HAS WATER. WE REALLY APPRECIATE IT. THANK YOU. I APPRECIATE YOU HAVING ME.

AND I DO WANT TO THANK MIKE AND HIS TEAM BECAUSE THEY WERE RINGING MY PHONE OFF THE HOOK TO MAKE SURE WE ALL WERE PART OF THIS PROJECT. AND Y'ALL LOOK LIKE Y'ALL ARE TAKING THE LAST 10%. SO CONGRATULATIONS TO YOU GUYS. ALL RIGHT, ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED.

[27) Consider approval of a Final Plat for an approximately 15.5-acre tract of land out of the Morton M. McCarver Survey No. 4, Abstract No. 10, establishing three (3) lots of the Plum Creek Brick & Mortar Doherty Subdivision, located at 723 Kohlers Crossing, with the condition that the waterline easement north of Doherty be increased from fifteen (15) feet to twenty (20) feet prior to recordation. (SUB-24-0338)]

PRIOR TO RE COORDINATION. I JUST HAVE A COUPLE OF QUESTIONS ON THIS. THERE IS A SENSITIVE ENVIRONMENTAL AREA WITHIN THE THIS PART OF THE DEVELOPMENT, AM I CORRECT? I DO NOT HAVE I DON'T REVIEW THE ENVIRONMENTAL PORTIONS OF THOSE PLATS, SO I DON'T HAVE ANY DETAILS ON THAT.

IS THERE A SPECIFIC QUESTION THAT YOU HAD ON THAT? YEAH. THIS AREA IS BEING HIGHLY DEVELOPED AND THERE HAS BEEN VERY LITTLE ATTENTION PAID TO THE EXISTING WILDLIFE OR TREES.

AND THERE IS AN AREA IN THIS, THIS PARTICULAR PLAT PART THAT IS BASICALLY A DRAINAGE AREA, CREEK AREA, EPHEMERAL CREEK, A LOT OF TREES, A LOT OF WILDLIFE. I WOULD LIKE TO SEE THOSE.

PRESERVED AS MUCH AS POSSIBLE ENTIRELY IF POSSIBLE, INSTEAD OF TAKING ALL THAT DOWN. THIS IS BRICKS AND MORTAR HAS BEEN A BIG DEVELOPMENT, BUT THIS IS ONE OF THE MOST CRUCIAL AREAS OF IT FOR ENVIRONMENT. SO BEFORE WE APPROVE ANYTHING MORE TO GO IN THERE, I'D LIKE TO BE ASSURED THAT THEY ARE TAKING CARE OF THE ENVIRONMENTAL IMPACT IN THAT AREA. YES, MA'AM.

WE'LL MAKE SOME NOTES AND MAKE SURE THAT WE'RE TAKING A LOOK AT THAT IN FUTURE PLANS. SO DO WE NEED TO BRING THAT BACK, MAYOR PRO TEM. COUNCIL, THIS PLAT IS DEDICATING THE RIGHT OF WAY THAT WE NEED FOR THE ROUNDABOUTS THAT WE'RE CONSTRUCTING. AND THE DEVELOPER HAS AGREED TO DEDICATE THIS. IN OTHER WORDS, DONATE IT TO THE CITY. OKAY. SO THIS IS JUST RELATED TO THE ROUNDABOUTS AND NOT RELATED TO THE DEVELOPMENT OF THESE THESE NEW LOTS. RIGHT? CORRECT. THESE WILL BE TOWNHOMES IF I'M RIGHT. CORRECT. YES. OKAY. SO COUNCIL MEMBER HARRIS'S FEEDBACK CAN BE IT CAN BE UTILIZED AT A LATER DATE. THIS ITEM IS JUST TO APPROVE THE ACQUISITION. YES. YES. THIS IS JUST THE PLAT ITSELF. YES, SIR. OKAY. I'D LIKE I'D LIKE TO MOVE THAT. WE ACCEPT ITEM NUMBER 27. SECOND MOTION TO APPROVE MADE BY AGENDA ITEM 27, MADE BY COUNCILMEMBER HARRIS, SECONDED BY MYSELF. IS THERE ANY DISCUSSION ON THE MOTION? JUST REAL QUICK. YES, SIR. ON THE ITEMS THAT YOU'RE WANTING, DOCTOR HARRIS, ARE THERE GOING TO BE SPECIFIC THINGS THAT YOU WANTED OUTLINED AS FAR AS PROTECTION OF TREES, BRUSH TO

[02:40:06]

AYE. ALL OPPOSED. MOTION PASSES. 123450. AND WITH THAT I WOULD LIKE TO BREAK UNTIL. 9

[45) Consider approval of a $285,000 Purchase Agreement with Flock Safety, Inc. for the Flock Aerodome drone system and support services via the OMNIA Partners cooperative, partially funded by the Motor Crime Prevention Authority Grant. ]

THANK YOU. JEFF BARNETT, CHIEF OF POLICE. I'M GOING TO FIRST TRY TO BE EFFICIENT, BUT YET STILL THOROUGH AT OUR LATE HOUR, BECAUSE I WANT TO MAKE SURE I PROVIDE YOU THE INFORMATION THAT YOU HOPE TO GET OUT OF THIS PRESENTATION. I WILL SAY THAT I THINK YOU OUTLINED IT MANY TIMES DURING YOUR EARLIER DISCUSSIONS TONIGHT. THE ACTIONS THAT WE'RE CONSIDERING TONIGHT ARE ALL ABOUT KEEPING OUR COMMUNITY SAFE. AND I'LL ADD, KEEPING OUR FIRST RESPONDERS SAFE. WE'RE GOING TO TALK ABOUT A DRONE AS A FIRST RESPONDER PROGRAM. I HAVE SOME OVERVIEW OF THAT FOR ANY FOLKS IN THE AUDIENCE OR THAT MAY BE WATCHING, THAT MAY NOT KNOW WHAT A DRONE IS. FIRST RESPONDER PROGRAM IS BECAUSE IT'S RELATIVELY NEW IN THE FIELD OF POLICING. I WILL SAY THAT DRONES ARE NOT NEW TO OUR SOCIETY. THERE ARE MANY PROFESSIONS THAT USE DRONES. I THINK SOON WE'RE GOING TO BE ACCUSTOMED TO MAYBE EVEN HAVING GROCERIES DELIVERED, OR SMALL ITEMS AND PHARMACEUTICALS AND MEDICAL SUPPLIES AND OTHER THINGS DELIVERED BY DRONE. AS THEY BECOME MORE AND MORE COMMON IN OUR SOCIETY. TONIGHT WE'RE TALKING ABOUT THE DRONE AS A FIRST RESPONDER, AS IT MAY BE USED BY FIRST RESPONDER ORGANIZATIONS SUCH AS POLICE, FIRE AND EMS. THE PROGRAM USES UNMANNED AERIAL SYSTEMS TO RAPIDLY DEPLOY DRONES TO EMERGENCY SCENES, OFTEN WITHIN MINUTES OF AN EMERGENCY CALL TO A 911 CENTER. IT CAN THEN IMMEDIATELY PROVIDE LIVE VIEW, AERIAL PHOTOGRAPHS OR VIDEO.

I'M SORRY VIDEO AND SITUATIONAL AWARENESS TO THE RESPONDING FIRST RESPONDER AGENCIES. THE VFR THE DRONE IS FIRST RESPONDER. VFR SYSTEMS USE STRATEGICALLY LOCATED LAUNCH STATIONS AROUND THE COMMUNITY TO GET AN AERIAL VIEW OF THE INCIDENT, WHICH CAN HELP IMPROVE OFFICER SAFETY. IT CAN GUIDE OUR GROUND CREWS EFFICIENTLY AND POTENTIALLY RESOLVE SOME CALLS WITHOUT EVEN A GROUND RESPONSE. WHAT IS THE PURPOSE OF THIS PROGRAM? THE PURPOSE IS VERY SIMPLE. IT IS INTENDED TO PROVIDE IMPROVED SAFETY FOR BOTH OUR COMMUNITY MEMBERS AND OUR FIRST RESPONDERS BY GETTING THE RIGHT PERSONNEL WITH THE RIGHT EQUIPMENT, TO THE RIGHT LOCATION, WITH THE BEST INFORMATION AVAILABLE AS SAFELY AND QUICKLY AS POSSIBLE, IT'S GOING TO IMPROVE FIRST RESPONDER SAFETY BY PROVIDING AERIAL VIEWS INTO OUR REAL TIME CRIME CENTER AND TO THE FIRST RESPONDERS IN THEIR SUPERVISORS, SO THAT THEY MAY BETTER SEE WHAT'S OCCURRING OUT IN THE FIELD EVEN BEFORE ARRIVAL. IT WILL INCREASE EFFICIENCY. SOME DRONES CAN MAKE IT TO SOME CALLS AND PROVIDE CLEAR INFORMATION TO OUR TO OUR AGENCY AND ALLOW US TO REDIRECT APPROPRIATE PERSONNEL TO THE APPROPRIATE EMERGENCY BASED ON A HIERARCHY OF PRIORITIES. FOR EXAMPLE, IF WE GET A CALL OF A VEHICLE BLOCKING AN IMPORTANT ROADWAY, LET'S SAY IT'S INTERSTATE 35, AND THAT CAN BE DANGEROUS. IF A CAR IS STOPPED ON 35, IN THE LANE OF TRAFFIC, AND IF WE CAN IMMEDIATELY DISPATCH A DRONE TO THAT LOCATION, GETTING THERE WITHIN SECONDS OR MINUTES AND FIND OUT THAT THAT VEHICLE THAT WAS ONCE BROKEN DOWN HAS ACTUALLY MOVED FORWARD AND CLEARED AND THE INTERSTATE IS CLEAR, WE CAN THEN REDIRECT OUR FIRST RESPONDER AGENCIES BACK TO MORE, HIGHER OR HIGHER PRIORITY CALLS. WE'LL HAVE ENHANCED SITUATIONAL AWARENESS. DRONES CAN PROVIDE VALUABLE OVERSIGHT OF SITUATIONS LIKE WILDFIRES AND MAJOR INCIDENTS, HELPING TO ASSESS DAMAGE, FIND HOT SPOTS WITHIN A FIRE, AND TO GUIDE EMERGENCY CREWS. THE SAME APPLIES TO FLOODING EVENTS AND MANY OTHER SCENARIOS. REDUCED RESPONSE TIMES BY BEING ABLE TO DEPLOY IMMEDIATE GFR PROGRAMS CAN SIGNIFICANTLY REDUCE THE TIME IT TAKES TO GET AN AERIAL VIEW OF AN EMERGENCY. THIS INFORMATION CAN BE USED TO GUIDE FIRST RESPONDERS TO THE SCENE, AND IS THE SAFEST AND MOST EXPEDIENT WAY TO SAVE VALUABLE RESPONSE TIME THAT MAY ALSO SAVE LIVES. SO WHAT IS IT EXACTLY FOR THE CITY OF KYLE? IN KYLE, OUR REQUEST IS FOR YOUR REVIEW IS FOR AN AIRDROME GFR PROGRAM. THIS DRONE IS A FIRST RESPONSE DRONE AS A FIRST RESPONDER PROGRAM, WILL CONSIST OF TWO AIRDROME DRONES THAT WILL LAUNCH TO CERTAIN

[02:45:03]

OFFICERS WILL STILL BE IN THE NEIGHBORHOOD AND IN THE BUSINESS DISTRICTS PATROLLING.

IT IS NOT DESIGNED FOR PATROL PURPOSES. IT IS DESIGNED TO RESPOND TO SPECIFIC CALLS FOR SERVICE FOR A SPECIFIC PURPOSE OR SPECIFIC MISSION. IF YOU HEAR ME, USE THE TERM RADAR, I WANT TO CLARIFY THAT I DO NOT MEAN THE TYPE OF RADAR THAT IS USED BY LAW ENFORCEMENT TO DETERMINE SPEED OF A VEHICLE. THE TYPE OF RADAR THAT I MAY DISCUSS IN THIS PRESENTATION IS LIKE YOU SEE ON AIRPLANES. TO HELP AVOID OTHER AIRCRAFT AND OTHER OBSTACLES IN THE SKY. IT IS AN AIRPLANE TYPE RADAR SYSTEM. IT IS NOT FOR GENERAL SURVEILLANCE. IT IS AGAIN MISSION SPECIFIC, WITH A HORIZON FOCUSED CAMERA UNTIL IT CAN FOCUS ON THE INTENDED LOCATION, MEANING THAT WHEN THE DRONE LIFTS OFF AND IT IS FLYING TO THE SCENE, IT IS ONLY FOCUSED ON THE HORIZON FOR ITS SAFETY, TO SEE OTHER AIRCRAFT AND ANY OBSTACLES. AND IT IS DESIGNED TO FOCUS ON THE SCENE TO WHICH WE ARE RESPONDING AND GETTING US EYES ON THE SCENE AS QUICKLY AS POSSIBLE. WHAT IS FUNDED AND HOW IS IT FUNDED? THIS ASK IS FOR YOU TO APPROVE A FIVE YEAR PURCHASE AGREEMENT TOTALING $1.45 MILLION. THIS. THIS FUNDS THE TWO AIRDROME DRF M350 AIRCRAFT WITH DOCKING STATIONS, ALL SOFTWARE, ALL HARDWARE AND INCLUDING THE FLIGHT RADAR. IT ALSO INCLUDES UPGRADES THROUGHOUT THE FIVE YEARS AS NECESSARY. HALF OF THIS ASK IS FUNDED BY GRANT THAT HAS ALREADY BEEN APPROVED BY THE STATE. THAT COUNCIL AUTHORIZED IN 2025, FOR WHICH WE COULD APPLY THAT GRANT HAS BEEN AWARDED. AND THEY WILL FUND APPROXIMATELY 50% OF THIS PROGRAM WE ARE UTILIZING. I'M SORRY THE REST OF THIS ASK WILL COME FROM OUR POLICE DEPARTMENT OPERATING BUDGET AND THE FUNDS ARE AVAILABLE. WE ARE UTILIZING A BY BOARD PROCESS, SPECIFICALLY THE OMNIA PARTNERS CO-OP, WHICH FURTHER REDUCED THE COST TO THE CITY. HOW DOES THIS DRONE PROGRAM WORK? A DRONE FIRST RESPONDER PROGRAM USES PRE-POSITIONED DRONES TO RAPIDLY RESPOND TO EMERGENCY CALLS BY LAUNCHING AUTOMATICALLY, PROVIDING LIVE VIDEO FEEDS, AND OFFERING REAL TIME SITUATIONAL AWARENESS TO DISPATCHERS AND GROUND CREWS. THESE PROGRAMS CAN IMPROVE OFFICER SAFETY, HELP WITH DECISION MAKING, AND CAN LEAD TO FASTER INCIDENT RESOLUTION, SOMETIMES EVEN RESOLVING CALLS.

AS I MENTIONED EARLIER, WITHOUT GROUND PERSONNEL HAVING TO REACH THE SCENE. KEY COMPONENTS INCLUDE THE AUTOMATED LAUNCH SYSTEM FROM A DOCK THAT WOULD BE PLACED AROUND THE CITY. IT INCLUDES A REMOTE PILOT, AS WE WILL HAVE A PILOT IN CONTROL OF THIS AIRCRAFT AT ALL TIMES AND AS MENTIONED, IT CAN IMPROVE OUR RESPONSE TIMES. SPECIFICALLY, IN KYLE, THOSE TWO DRONES WILL BE STRATEGICALLY POSITIONED ON CITY OWNED PROPERTY IN DOCKING STATIONS. THESE DOCKING STATIONS WILL ACT AS THE BATTERY EXCHANGERS AND THE SAFETY HANGERS IN WHICH THE DRONES WILL RESIDE, UNTIL THEY ARE NEEDED FOR RESPONSE. AGAIN, WE WILL USE TRAINED PILOTS POSSESSING AN APPROPRIATE FAA LICENSE. THIS IS PARTICULARLY THE PART 107 REMOTE PILOT LICENSE, AND THEIR FLIGHT BEHAVIOR WILL FOLLOW ALL FAA GUIDELINES. THESE DRONES ARE AT THE TOP OF THEIR FIELD, AND THEY CAN FLY 53 UP TO 53MPH AND UP TO 400FT IN ELEVATION. THIS QUICKLY PROVIDES AN AERIAL VIEW OF A SCENE UPON APPROACH MUCH, MUCH FASTER THAN OUR GROUND UNITS. WE ALL KNOW AS AS OUR COMMUNITY GROWS, WE HAVE A LOT OF CARS, A LOT OF TRAFFIC, A LOT OF INTERSECTIONS TO NEGOTIATE THROUGH AND NAVIGATE.

THESE DRONES CAN OBVIOUSLY LIFT ABOVE THAT AND GET US SOME EYES ON THE SCENE MUCH QUICKER. THAT LIVE VIDEO FEED FROM THE DRONE WILL BE TRANSMITTED INTO OUR REAL TIME CRIME CENTER, AND IT CAN ALSO BE TRANSMITTED TO THE DEVICES OWNED AND OPERATED BY OUR LAW ENFORCEMENT PERSONNEL WHO ARE RESPONDING TO THE SCENE SO THAT THEY CAN SEE WHAT'S ACTUALLY TAKING PLACE. RESPONSE TIMES HAVE BEEN ACCREDITED TO AN IMPROVEMENT OF 70%, UP TO 15% OF THE CALLS IN SOME JURISDICTIONS HAVE BEEN CLEARED BEFORE THE RESPONDING AGENCIES ACTUALLY ARRIVE ON THE SCENE.

KIND OF LIKE THE CAR IN THE INTERSTATE SITUATION I WAS TELLING YOU ABOUT EARLIER.

FLIGHT TIME FOR THESE DRONES IS GENERALLY UP TO 55 MINUTES, WITH ABOUT 25 MINUTES. 25 MINUTES OF THAT CAN BE ON SCENE TIME. SO THAT'S EYES ON THE LOCATION, PROVIDING OUR FIRST RESPONDERS PLENTY OF TIME OR PLENTY OF OVERVIEW. THE VIDEO, AS MENTIONED EARLIER IN CONVERSATIONS TONIGHT, IS STORED IN THE AWS SECURED NETWORK FOR 30 DAYS AND THEN AUTOMATICALLY DELETED UNLESS OTHERWISE REQUIRED BY LAW. WHEN WILL IT BE DEPLOYED AND WHAT TYPES OF CALLS WILL IT RESPOND TO? THE INTENT IS TO USE DRONES, WHERE THEY CAN PROVIDE ENHANCED

[02:50:05]

THIS WAS NOT A GUN. THIS WAS ONE OF THOSE CIGARETTE LIGHTERS SHAPED LIKE A GUN. THEY WERE ABLE TO DISPATCH THAT INFORMATION TO THE RESPONDING OFFICERS SO THAT THEY KNEW WHAT THEY WERE DEALING WITH WHEN THEY GOT THERE. INSTEAD OF APPROACHING THAT SCENE IN THAT CROWDED DINING AREA OUT IN THE OPEN PUBLIC WITH FIREARMS PERHAPS DISPLAYED, RIFLES DISPLAYED AND SCARING THE COMMUNITY, THEY MADE A VERY SOFT, CAUTIOUS APPROACH AND WALKED UP TO A GENTLEMAN WHO SIMPLY HAD A CIGARETTE LIGHTER SHAPED LIKE A GUN. THAT CERTAINLY RESOLVED IN A MUCH SAFER WAY THAN IT COULD HAVE, AND IT CERTAINLY KEPT THE COMMUNITY FROM BEING VERY NERVOUS ABOUT THAT INCIDENT. THE SECOND ONE, A DRONE, WAS USED IN ANOTHER COMMUNITY TO FIND A WEAPON THAT WAS USED IN A MURDER IN A IN A MURDER. AS THE SUSPECT FLED THE SCENE, THEY WERE ABLE TO LOCATE THAT MURDER SUSPECT AND HE FLED.

USING THERMAL IMAGING, THEY WERE ABLE TO SEE WHERE HE DID, DISCARDED THE FIREARM THAT HE USED IN THE MURDER. NOW, THAT'S GREAT FOR HELPING SOLVE THAT CASE AND BRINGING THAT CRIMINAL TO JUSTICE. BUT WHAT IF THEY DIDN'T KNOW WHERE HE THREW THE GUN AND THEY HAD TO LEAVE THAT GUN LAYING OUT IN THE COMMUNITY IN THE GRASS, AND IT WAS FOUND BY A CHILD OR A YOUNG PERSON WHO DIDN'T KNOW HOW TO PROPERLY HANDLE OR HANDLE THAT FIREARM, OR NOTIFY SOMEONE ABOUT THE WEAPON'S WHEREABOUTS. SO WHEN WE HAVE WEAPONS THAT ARE TOSSED BY FLEEING SUSPECTS, WE SPEND A LOT OF MANPOWER HOURS TRYING TO FIND THAT SO THAT WE CAN PREVENT IT FROM GETTING INTO THE HANDS OF CHILDREN. THEY WERE ABLE TO USE THEIR DRONE AND QUICKLY FIND THAT GUN WHERE IT HAD BEEN TOSSED. I'LL GIVE YOU ANOTHER EXAMPLE OF HOW WE PLAN TO USE THEM WHEN PEOPLE ARE TRAVELING UP AND DOWN INTERSTATE 35, SPECIFICALLY THROUGH KYLE, THEY SEE MILE MARKERS AND THEY SEE EXIT MILE MARKER NUMBERS. THEY SEE THE EXIT FOR 212, AND THEN THEY SEE THE MILE MARKER FOR 212. AND THOSE ARE TWO ENTIRELY DIFFERENT LOCATIONS. SO WHEN THEY CALL IN THOSE ACCIDENTS, THEY GIVE THE BEST THAT THEY CAN BECAUSE PERHAPS THEY'RE NOT FROM KYLE. THEY'RE TRAVELING THROUGH. AND IF YOU EVER WANTED TO KNOW ABOUT OUR OUR ENTRANCE RAMPS AND EXIT RAMPS, IF YOU TAKE THE WRONG ONE ONE BEYOND THE ACCIDENT, YOU HAVE TO GO ALL THE WAY DOWN TO THE NEXT CROSSING, DO A U-TURN, AND MEANTIME YOU'RE RUNNING POLICE, FIRE AND EMS UNITS UNNECESSARILY UP AND DOWN THE INTERSTATE, TRYING TO FIND THE BEST APPROACH TO THE ACCIDENT. THESE DRONES CAN AUTOMATICALLY LAUNCH, PROVIDE EXACT LOCATION DETAILS TO OUR DISPATCH CENTER SO THAT WE CAN RELAY THAT TO THE RESPONDING POLICE, FIRE, AND EMS UNITS SO THAT THEY CAN MAKE THE SAFEST AND MOST DIRECT APPROACH. IT WILL ALSO BE USED FOR WILDLAND FIRES. SO THIS IS NOT. THIS IS NOT ONLY FOR LAW ENFORCEMENT, BUT WE'LL SHARE THIS TECHNOLOGY WITH OUR FIRE PROFESSIONALS. YOU KNOW, OBVIOUSLY THESE FAST GROWING FIRES CAN POSE A SIGNIFICANT DANGER TO OUR COMMUNITY. LIVES AND HOMES CAN BE THREATENED QUICKLY. ESCAPE ROUTES AND EMERGENCY PERSONNEL ARRIVAL ROUTES MAY NOT BE EASILY SEEN FROM THE GROUND, BUT DRONES CAN HELP RESPONDERS QUICKLY ASSESS THE SITUATION ON THE GROUND AND PROVIDE BOTH SAFE RESPONSE ROUTES AND SAFE ESCAPE ROUTES. IT CAN ALSO BE USED FOR EMERGENCY MANAGEMENT FOLKS. POST-DISASTER EVALUATION, SUCH AS RECENT FLOODS OR THE ICE STORM DAMAGE ASSESSMENTS. WE SPENT MANY DAYS AFTER SOME OF OUR COMMUNITY EVENTS GOING AROUND LOOKING FOR DAMAGED PROPERTY. THESE DRONES CAN HELP US QUICKLY ASSESS DAMAGE TO OUR COMMUNITY FOLLOWING A NATURAL DISASTER. AND LASTLY, ANOTHER GOOD EXAMPLE WOULD BE THE MISSING CHILDREN SEARCH. OBVIOUSLY, THESE DRONES CAN SEARCH LARGE PARCELS UTILIZING THERMAL IMAGERY THAT CAN HELP US LOCATE LOST CHILDREN OR LOST ADULTS IN THE WOODS AND ON OUR TRAIL SYSTEMS. ONE QUESTION I ALWAYS ASK IS, WILL THERE BE A PUBLICLY AVAILABLE TRANSPARENCY PAGE? AND IT WAS MENTIONED BRIEFLY EARLIER. THE ANSWER IS ABSOLUTELY YES. THE POLICE DEPARTMENT WILL HOST A TRANSPARENCY PAGE ON OUR CITY WEBSITE, PROVIDING COMMUNITY WITH AN AFTER ACTION REPORT OF EACH MISSION. THE INFORMATION WILL INCLUDE THE PURPOSE OF THE

[02:55:04]

COUNCIL MEMBER HARRIS, WE'VE REALLY DISCUSSED A LOT ALREADY THIS EVENING ON THIS PARTICULAR PROGRAM. MY FEELING IS THAT WE REALLY NEED TO HAVE MAYBE A SPECIAL MEETING RELATED TO OUR CAMERAS AND DRONES AND THE TECHNOLOGY THAT POLICE DEPARTMENT IS USING AND HOW IT'S USED. WE'VE HAD A LOT OF DISCUSSION THIS EVENING, A LOT OF CLARIFICATION, BUT I THINK THE GENERAL PUBLIC JUST DOES NOT AWARE OF IT. SO I WOULD LIKE TO MAKE A MOTION THAT WE TABLE THIS ITEM FOR ANOTHER MEETING AND THAT WE CONSIDER ACTUALLY CALLING A SPECIAL MEETING WHERE THE CITIZENS CAN COME GET DEMONSTRATIONS. I THINK THEY'RE THERE. OTHER THAN THE FLOCK CAMERAS, THERE ARE OTHERS, THE FLOCK DRONES. THERE ARE OTHER DRONES THAT COULD BE CONSIDERED WHERE WE CAN HAVE PRESENTATIONS ABOUT THOSE, WHERE PEOPLE CAN ASK QUESTIONS ABOUT THEM. I PERSONALLY, I WANT TO GIVE THE POLICE DEPARTMENT ALL OF THE TECHNOLOGY THAT THEY CAN POSSIBLY USE. I ALSO WANT TO MAKE SURE THAT IT IS SECURE, AND THAT WE DO PROTECT THE RIGHTS OF OUR CITIZENS. SO I JUST THINK IT WOULD BE GOOD TO TABLE IT AND GET MORE DISCUSSION. I VEHEMENTLY DISAGREE, I THINK. DID YOU MAKE A MOTION? YES, I WILL SECOND THE MOTION. MOTION TO POSTPONE THIS ITEM. TABLE TWO TO TABLE THIS ITEM AND TO CALL FOR A SPECIAL MEETING TO DISCUSS THE PROGRAM. YEAH. OKAY. MADE BY COUNCIL MEMBER HARRIS, SECONDED BY MYSELF. IS THERE ANY DISCUSSION ON THIS MOTION? COUNCIL MEMBER MCKINNEY. YEAH, I THINK TABLING PUBLIC SAFETY OVER POLITICAL FEARS IS DOING A SEVERE DISSERVICE TO OUR RESIDENTS. WE ARE WE ARE HERE TO HELP PROTECT PEOPLE. AND THIS, LIKE CHIEF, IS GIVING SO MANY EXAMPLES OF HOW THIS WILL BE BENEFICIAL TO OUR POLICE FORCE AND PROTECTING OUR COMMUNITY. AND THERE IS NO REASON TO DELAY THIS.

ABSOLUTELY NOT. IT'S POLITICAL COWARDICE. I DON'T THINK THAT'S I TOTALLY DISAGREE WITH THAT. I THINK THAT WE HAVE A MAJOR ISSUE HERE, THAT WE HAVE OPTIONS. WE HAVE POLICIES THAT ARE NOT FULLY DEVELOPED, THAT NEED TO BE COMPLETELY DEVELOPED AND MADE PUBLIC, THAT HAVE NOT YET BEEN. I DO THINK THAT WE NEED TO ADDRESS THESE IN A VERY PUBLIC MANNER, AND WE'RE NOT DELAYING THIS VERY LONG. YOU KNOW, WE CAN GET A SPECIAL MEETING WITHIN WEEKS. THAT DOESN'T WE DON'T MISS ANY WINDOW FOR THAT. WE HAVE DRONE PILOTS THAT ARE ALREADY TRAINED.

WE HAVE A DRONE THAT THAT WE HAVE AVAILABLE FOR USE. SO IT'S NOT LIKE WE ARE COMPLETELY REMOVING THIS. IT'S JUST GIVES US A BETTER PLATFORM. FOR MAYOR MITCHELL. YEAH. SO I'M I'M IN AGREEMENT WITH COUNCIL MEMBER MCKINNEY. I KNOW THIS IS A DIVISIVE ISSUE, BUT I, I JUST I WANT TO ASK COUNCIL TO JUST REALLY TRY AND PROCESS THE STATISTICS AND EXAMPLES THAT CHIEF GAVE. YOU KNOW, I'VE, I'VE HAD THE, YOU KNOW, THE PRIVILEGE OF AND SORT OF THE, YOU KNOW, THE GEEKING OUT ON DRONES. YOU KNOW, YOU KNOW, I'VE BEEN KNOWN FOR DOING THAT FOR MORE THAN TEN YEARS. SO I AM VERY FAMILIAR WITH THE DRONE TECHNOLOGY THAT'S BEING

[03:00:01]

ALPR TECHNOLOGY IS MASS SURVEILLANCE ON THE STREETS, TAKING PICTURES OF EVERY CAR THAT COMES BY AND THEIR LICENSE PLATE, PUTTING IT INTO A REGISTRY, AND THAT REGISTRY BECOMING USEFUL TO MANY DIFFERENT AGENCIES, BOTH GOOD ACTORS AND POTENTIAL BAD ACTORS.

THE TECHNOLOGY IS A DRONE. AS A FIRST RESPONDER THAT WE CAN UTILIZE TO TAKE AN AERIAL MACHINE AND GO AND RESPOND TO AN ACTIVE INCIDENT WITH A CAMERA THAT IS NOT USEFUL TO A NATIONWIDE GRID. THAT IS THE SAME KIND OF TECHNOLOGY AS WHAT A BODY CAMERA IS. THE DIFFERENCE BEING THAT IT GETS TO IT GETS TO CRIME SCENES FASTER. IT PROVIDES BETTER INFORMATION TO OUR FIRST RESPONDERS, AND IT GIVES THEM THE ABILITY TO DO ANY NUMBER OF THINGS AT ANY NUMBER OF POINTS AND TIMES THROUGHOUT THE DAY TO MAKE OUR OFFICERS AND THE PEOPLE THAT ARE INVOLVED IN A RESPONDING INCIDENT, IN THE INCIDENT SAFER. AND WHEN I SAY THAT THIS PROGRAM HAS THE POTENTIAL TO MAKE A HUGE IMPACT ON PUBLIC SAFETY, I MEAN IT LIKE WITH ALL OF MY HEART, I MEAN IT THESE PARTICULAR SETS, THIS PARTICULAR SET OF DRONES, WILL BE USED IN SO MANY WAYS THAT WILL BENEFIT OUR COMMUNITY. AND SO I JUST 100% I DO NOT WANT TO JUST DELAY THIS PROGRAM AND ALLOW FOR IT TO GET SWEPT UP INTO THE LARGER RHETORIC THAT'S GOING ON ABOUT MASS SURVEILLANCE, BECAUSE THIS PROGRAM IS NOT A MASS SURVEILLANCE PROGRAM, IT IS A DRONE AS A FIRST RESPONDER PROGRAM. AND I GAVE THIS EXAMPLE BEFORE, AND I WANT TO GIVE THIS EXAMPLE ONE MORE TIME WHILE WE ARE CONSIDERING THIS PARTICULAR PROGRAM. IN 2015, I HAD A CAMERA ON THE FRONT OF MY BUSINESS WHEN A DRIVER WENT THE WRONG WAY ON I-35 AT 2:00 IN THE MORNING BEFORE WE HAD LIGHTS UP OVER I-35 AND THAT DRONE, THAT VEHICLE THAT WAS GOING THE WRONG WAY, CLIPPED A VAN THAT HAD FIVE PEOPLE IN IT RIGHT IN FRONT OF WHERE I LIVED AND WORKED. AND THAT VAN FLIPPED OVER UPSIDE DOWN, RIGHT IN THE MIDDLE OF I-35. AND YOU WATCH AS VEHICLE FOR LIKE 2 OR 3 MINUTES. VEHICLES ARE SLOWING DOWN, AND THEN THEY'RE GOING AROUND THIS VAN AND EVENTUALLY COP IS RESPONDING TO THE 911 CALL, BUT THEY CAN'T TELL BASED ON THE CALL EXACTLY WHERE THIS VEHICLE IS, AND THEY CAN'T TELL IF IT'S ON I-35 OR IF IT'S ON THE ACCESS ROAD. THEY CAN'T TELL YOU KNOW, WHICH DIRECTION THEY NEED TO GO TO TO MAKE THIS VAN SAFE. AND THEY CHOSE WRONG. AND AS A RESULT, THEY WENT UP THE ACCESS ROAD AND THE VEHICLE WAS ON I-35. SO THEY HAD TO GO AND LOOP ALL THE WAY BACK AROUND. AND IN THE TIME THAT IT TOOK THEM TO LOOP ALL THE WAY BACK AROUND TO VEHICLES WERE ONE ONE VEHICLE WAS TAILING ANOTHER ON I-35 LATE AT NIGHT. THE ONE IN FRONT SAW THE VEHICLE AND GOT OUT OF THE WAY, AND THE SECOND ONE T-BONED AND KILLED ALL FIVE OF THEM, INCLUDING LITTLE CHILDREN THAT WERE MY MY KIDS AGE AND IT AFFECTED ME TREMENDOUSLY. AND I AM 100% CONVINCED THAT IF WE HAD HAD THAT DRONE, THE DRONE, AS A FIRST RESPONDER TECHNOLOGY

[03:05:05]

[03:10:02]

IT'S $1.5 MILLION. I DON'T KNOW WHAT DENVER'S CONTRACT IS GOING TO LOOK LIKE. I DON'T KNOW HOW MANY THEY'RE GOING TO BUY AFTER THE YEAR OF A FREE TRIAL. BUT WE HAVE THE GRANT FUNDS THIS YEAR. WE HAVE THE CITY FUNDS THIS YEAR IN OUR BUDGET, AND THEY'VE OFFERED US 1.5 MILLION IN FREE RADAR. THE ONE GRANT WE'VE ALREADY I MEAN, WE'VE ALREADY APPROVED THE ACQUISITION OF THE FIRST DRONE VIA THE GRANT. YES. WE'RE ASKING YOU TO APPROVE THAT TONIGHT TO SPEND THOSE FUNDS. YES. AND IT'S ONLY A ONE YEAR CONTRACT. SO THEN WHY NOT TRY TO GET THE AS A PILOT? IF IT'S IF WE'RE ONLY SIGNING TECHNICALLY A ONE YEAR CONTRACT WITH TWO MUTUAL OPTIONS, WHY NOT JUST TRY TO GET THE PILOT PROGRAM SO THAT WE CAN SEE IF WE WANT IT? BECAUSE WE'RE MAKING A HALF PREGNANT DECISION BASED ON THE CONTRACTUAL LANGUAGE. OTHERWISE IT WOULD JUST BE A FIVE YEAR CONTRACT. WE COULD WE COULD CERTAINLY DO THAT. HOWEVER, YEAR TWO, WHEN YOU GO ASK THEM FOR THAT FREE RADAR, THEY CAN SAY, NO, WE'LL CHARGE YOU 150,000 FOR THAT RADAR PER DRONE, WHICH COULD BE WHICH COULD MEAN FOR US. LET'S SUPPOSE THAT WE DID THAT FOR THIS ONE FIRST YEAR. NEXT YEAR, I COULD BE ASKING YOU TO FUND $600,000 FOR THE DRONE PROGRAM THIS YEAR. I'M ASKING YOU TO FUND 150. THAT'S THE DIFFERENCE.

THEN WHY NOT SIGN A FIVE YEAR CONTRACT? THAT'S WHAT WE PROPOSED RIGHT HERE FOR YOU.

FIVE YEAR CONTRACT. BUT IT'S NOT. IT'S A ONE YEAR CONTRACT. NO, IT'S FIVE YEARS. IT'S IT'S FOR 12 MONTHS WITH OPTIONS. THIS IS A FIVE YEAR AGREEMENT WE'RE ASKING YOU TO SIGN. LOOK AT THE TOTAL MONTHS ON THE AGREEMENT ITSELF. THE TOTAL OF MONTHS HAS 60 MONTHS. THE CITY'S STANDARD AGREEMENT IS ATTACHED TO THE TOP. AND THAT IS A ONE YEAR AGREEMENT WITH TWO OPTIONS UNDER THE TERMS OF OUR CITY'S CONTRACT. THOSE THOSE TERMS DO CONTROL. SO IF THIS WAS INTENDED TO BE A FIVE YEAR CONTRACT WE'LL NEED TO AMEND IT. WELL IT SAYS INITIAL TERM 60 MONTHS IS WHAT WE THAT'S ON THE ATTACHMENT TO THE CITY'S CONTRACT. THE CITY'S

[03:15:01]

THE TERM OF THIS AGREEMENT IS 12 MONTHS. CAN I JUST JUMP IN, PLEASE? SO JUST TO IN THE BEGINNING OF THIS MEETING, WE WE TALKED ABOUT DATA POLICY AND SECURITY AND CLOSING THE BACK DOORS. I THINK THAT'S WHERE A LOT OF THE CONCERNS WERE FROM OUR COMMUNITY. THESE ARE TWO THINGS THAT NEED TO BE DECOUPLED. THIS IS LOOKING AT A TOOL, A RESOURCE TOOL THAT WILL ENABLE OUR POLICE OFFICERS TO KEEP OUR COMMUNITY SAFER AND THEMSELVES BY. YOU CAN LOOK AT ALL THE ADVANTAGES THERE ARE TO THE ADVANTAGES OUTWEIGH ONE SINGLE LICENSE PLATE WHICH IT MAY NEED TO FIND IF THAT'S A CRIME SCENE. AND IT'S NOT EASY. BUT YOU KNOW, WE GOT TO MAKE THESE DECISIONS AND WE HAVE TO SUPPORT HAVING THE TECHNOLOGY THAT WE NEED TO CONTINUE TO KEEP OUR COMMUNITY SAFE. I THINK THERE IS A LOT OF PUSHBACK HERE BECAUSE OF THE FLOCK BRAND TO IT. SO I MY CONCERN WOULD BE, ARE WE PUTTING OURSELVES IN A CORNER WHERE FLOCK CONTROLS ALL THE SOFTWARE OF OUR DEPARTMENT? THEY'RE GOING TO CONTROL THE MAINTENANCE, THEY'RE GOING TO CONTROL THE PARTS WE NEED, AND WE WILL CONTINUE TO HAVE TO ALWAYS USE THEM AS THE SERVICER. SO I THINK THAT ON THAT PART OF IT, I'D LIKE TO SEE US HAVE MORE OF A VARIETY. BUT I UNDERSTAND THERE'S NOT THERE COMPETITIONS NOT AS STRONG IN THIS AREA. IT'S NOT IT'S NOT THIS THAT, THAT, THAT THEY'RE GOOD AT. SO I GUESS IN THE BEGINNING OF OUR CONVERSATIONS WHEN WE TALKED ABOUT DATA AND HOW DO WE SAFEGUARD THAT, I WANT TO KIND OF GET BACK TO THAT AND JUST SAY, I LIKE TO MAYBE HAVE LIKE A CITIZEN COMMENT FORM ON THAT TRANSPARENCY PAGE JUST TO ENSURE THE PUBLIC THAT, YOU KNOW, THESE TOOLS ARE BEING USED IN THE FOR THE RIGHT STATISTICS, THE CRIME STATISTICS THAT WE'RE LOOKING FOR. ABSOLUTELY. YOU BET. AND I MEAN, NOW, WHETHER WE HAVE A PUBLIC MEETING ABOUT THIS, I THINK WE'VE TALKED ABOUT THIS A LOT. I THINK THAT THERE'S PROBABLY STILL MORE WE COULD LEARN ABOUT THIS, BUT I'M I'M FINE WITH SUPPORTING THE RECOMMENDATION OF THE POLICE DEPARTMENT. YOU KNOW, WE DO HAVE TO FIND WAYS TO HAVE FASTER SERVICE WITHOUT ALWAYS HAVING OFFICERS, RIGHT? I MEAN, ONE WAY THAT WE CAN REDUCE THE BUDGETS IS INVESTING IN THIS AUTOMATION. THIS IS A THIS IS ONE COMPONENT OF AUTOMATION.

THERE'S OTHER AUTOMATION TOOLS THAT WE CAN LOOK AT EVERY YEAR. AND IF WE DON'T LIKE THIS, IF WE DON'T LIKE THE USE OF THIS FLOCK DRONE OR THIS AERIAL DRONE, I MEAN, WE CAN ALWAYS CANCEL IT. WE CAN ALWAYS SAY, HEY, WE DON'T WANT TO USE IT ANY FURTHER. I MEAN, HERE IN OUR CITY, BUT WE'VE GOT TO HAVE DATA AND AND RESULTS DRIVEN SEEN SCENARIOS WHERE THAT WOULD BE THE CASE. SO I WOULDN'T I WOULDN'T RUSH THIS AND LOOP IT TOGETHER AS CAMERAS THAT ARE ON ALL THE TIME FLASHING AT LICENSE PLATE READERS, WHETHER GOOD OR BAD. I HOPE THAT HELPS.

I MEAN, MY POSITION IS I'M GOING TO DO WHAT WHAT THE MAJORITY OF THE COUNCIL WANTS TO DO. AND I HAVE TAKEN A LOT OF CITIZEN CONCERNS IN MY MIND. I THINK IF YOU LISTEN TO THE FIRST DISCUSSION THAT I HAD ABOUT PRIVACY, DATA AND SAFEGUARDING, I HAMMERED DOWN ON A LOT OF THE THINGS THAT WERE SAID. SO GO BACK AND, YOU KNOW, YOU CAN LISTEN TO THAT.

BUT THIS IS THIS IS A TOOL, THIS THIS IS SOMETHING THAT, YOU KNOW, COULD FIND A MISSING KID OR A KIDNAPED PERSON, AN AMBER ALERT. AND, YOU KNOW, OUR JOB IS TO MAKE SURE THAT WE HAVE THOSE TOOLS HERE. ANYBODY ELSE? DELAYING DELAYING SOMETHING ON PUBLIC SAFETY IS UNACCEPTABLE TO ME. BUT WE CAN WE CAN VOTE AND THAT'S HOW THIS WORKS. OKAY. COUNCILMEMBER RUSSO, LOTS OF DISCUSSION HERE. JUST WANT TO HIGHLIGHT SOME THINGS. YOU KNOW, I THINK THAT EVERYBODY'S CONCERN IS THAT THE LPR CAMERAS THAT ARE ON THE ROAD ARE REALLY SOMETHING THAT HAS BEEN A HOT TOPIC LATELY. AND, YOU KNOW, I SHARE THE SAME CONCERNS EVERYBODY ELSE DOES.

YOU KNOW, IN HOW INVASIVE ARE WE AS A CITY? BUT AT THE SAME TIME, PUBLIC SAFETY IS GOING TO BE NUMBER ONE IS GOING TO TRUMP EVERYTHING. KEEPING OUR OFFICERS SAFE IS SOMETHING THAT'S TOP PRIORITY TO ME. KEEPING OUR PUBLIC SAFE IS IMPORTANT. YOU KNOW THE

[03:20:03]

AND WHAT I WANT TO SAY IS THAT IF WE USE IT FOR THESE REASONS, IT'S A GREAT TOOL, MAKING SURE WE DON'T USE IT FOR ANYTHING ELSE IS GOING TO BE REALLY IMPORTANT. SO MY RECOMMENDATION, BECAUSE I THINK THIS IS GOING TO PASS, AND MY RECOMMENDATION IS THAT WE DON'T USE THIS DRONE UNTIL WE HAVE A POLICY IN PLACE MAKING SURE THAT IF THIS DRONE PASSES, IF WE EXPECT TO GET THE DRONES, THAT WE HAVE A POLICY IN PLACE BEFORE WE EVEN UTILIZE THE SYSTEM, THAT'S GOING TO BE THE IMPORTANT THING FOR ME, I THINK, BECAUSE POLICY IS GOING TO BE WHAT'S GOING TO SET THE EXAMPLE HERE MOVING FORWARD, MAKING SURE WE'RE USING THESE DRONES FOR THE RIGHT REASONS.

AND WHAT WE'VE INTENDED ARE THE REASONS THAT YOU STATED, CHIEF AND I, I AGREE WITH YOU. THE REASONS THAT YOU STATED ARE GOOD REASONS TO HAVE THIS DRONE, BUT TO USE IT FOR ANYTHING ELSE, I JUST CAN'T SEE US BEING A GOOD REASON. SO MAKING SURE WE HAVE A REALLY GOOD POLICY IN PLACE, MAKING SURE WE DON'T UTILIZE THESE DRONES UNTIL THE POLICY IS IN PLACE, AND WE CAN ALWAYS CANCEL THIS IF WE FEEL LIKE THIS IS NOT WHERE WE WANT TO BE AS A CITY. IF WE START SEEING THAT THESE DRONES ARE NOT BENEFICIAL, IT'S SOMETHING WE COULD CANCEL IN THE FUTURE.

BUT I THINK FOR THE FOR WHAT CHIEF STATED TODAY, I THINK IT WOULD BE GREAT. I STILL HAVE A LOT OF CONCERNS WHEN IT COMES TO SURVEILLANCE. I DON'T THINK THIS IS GOING TO BE A SURVEILLANCE TOOL. THIS IS GOING TO BE MORE FOR DISPATCH, FOR EMERGENCIES. IF WE STAY AROUND THOSE PARAMETERS, I THINK THIS WILL BE A GOOD TOOL FOR US AND MAKING SURE WE HAVE A POLICY IN PLACE THAT ASSURES THE PUBLIC THAT THAT'S IN THERE, MAKING SURE THAT OUR PLATFORM SHOWS WHEN WE DISPATCH IT, AT WHAT TIMES, WHEN, WHERE. AND I AGREE WITH COUNCILMEMBER ZUNIGA HAVING A A PAGE SEGMENT THERE WHERE PEOPLE CAN GIVE THEIR FEEDBACK TO AS WELL. SO THAT WAY WE AS A CITY CAN TAKE THAT FEEDBACK AND BE ABLE TO, YOU KNOW, ANALYZE HOW EFFECTIVE THIS DRONE IS, WHETHER IT'S BEING INVASIVE OR WHAT WE'RE DOING AS A CITY. BUT I THINK WE HAVE THE VOTES TO PASS THIS. SO IF IF IT'S GOING TO PASS, I WANT TO MAKE SURE WE WAIT TO IMPLEMENT THE DRONE UNTIL WE HAVE A POLICY IN IS WHAT MY ASK IS IF THAT WOULD BE OKAY WITH YOU, CHIEF. WE CAN ABSOLUTELY DO THAT. AND I'LL TELL YOU ANOTHER COMPONENT THAT WILL AID IN THAT THE ORDER, INSTALLATION AND OPERATIONAL PROCESS THAT WILL TAKE PLACE SHOULD THIS ITEM BE APPROVED AT SOME POINT, IS ABOUT 90 TO 120 DAYS, BECAUSE WE HAVE TO GET THE EQUIPMENT ON SITE, THEY HAVE TO DO SOME STUDIES ABOUT THE RADAR SYSTEMS, AND THEN FULL IMPLEMENTATION WOULD TAKE ABOUT 90 TO 120 DAYS MOVING SWIFTLY. SO THAT WILL GIVE US MORE THAN AMPLE TIME TO DEVELOP THAT POLICY, HAVE IT APPROVED AND MAKE SURE EVERYONE IS IN SUPPORT OF THAT. SO YES. COULD COULD I ALSO SUGGEST THAT THERE'S A, I GUESS LIKE AN OPEN HOUSE AFTER WE HAVE THE POLICY SO THAT RESIDENTS CAN COME AND LEARN MORE ABOUT WHAT THE WHAT THE RADAR IS, HOW THIS WILL HELP IDENTIFY, AND WHAT THE USES ARE GOING TO BE IN THE CAPACITY OF THE DRONE AERO DRONE SYSTEM. JUST SO THAT THE QUESTIONS WE GOT FROM THE EMAILS, I DON'T WANT TO READ THEM ALL, BUT THEY HAVE THE OPPORTUNITY TO EXPRESS THAT THEMSELVES AND REST ASSURED THAT THIS IS NOT A SURVEILLANCE TOOL WE'RE NOT LOOKING AT. YOU KNOW, COMMUNITIES THAT THAT ARE VULNERABLE, THAT WE ARE, YOU KNOW, WE WANT THIS IS A WELCOMING CITY. AND, YOU KNOW, WE JUST BASICALLY ARE JUST LOOKING FOR CRIME CRIMES AND, AND FIND PEOPLE THAT COMMIT CRIMES. ABSOLUTELY. YES, SIR. THAT'S LITERALLY THE MOTION THAT'S ON THE TABLE RIGHT NOW. BUT BUT NOT TO NOT TO HAVE AN OPEN HOUSE. YOU CALLED IT YOURSELF AN OPEN HOUSE. MISS COUNCILMEMBER RIZZO SUGGESTED THAT WE CREATE A POLICY, NOT USE IT UNTIL WE HAVE THE POLICY. AND I ADDED TO THAT, MORE TEETH TO THAT BY SAYING, LET'S HAVE AN OPEN HOUSE. THAT'S WHAT THAT'S THE MOTION. THE MOTION IS TO TABLE. AND I'D LIKE TO CALL THE QUESTION AND I WOULD LIKE TO NOT TABLE. I'D LIKE TO MAKE A COMMENT. I WOULD LIKE TO EMPHASIZE THAT I AM NOT ANTI-DRONE. I THINK THAT IT IS A REALLY GOOD TOOL FOR THE POLICE DEPARTMENT. I THINK WE SHOULD HAVE THEM. BUT I ALSO THINK THAT HAVING A TABLING THIS AND HAVING A PUBLIC MEETING ON IT IS VERY BENEFICIAL FOR OUR COMMUNITY, DOES NOT MEAN WE WON'T GET THE DRONES. WE DO HAVE A DRONE, RIGHT, CHIEF? WE HAVE A DRONE PILOT AND A DRONE. WE DO HAVE SEVERAL DRONE PILOTS. I THINK WE'RE UP TO SEVEN, AND WE'LL PROBABLY HAVE IN THE DOUBLE DIGITS BEFORE THE END OF THE CALENDAR YEAR. WE DO HAVE THE

[03:25:03]

THIS DRONE IS FIRST RESPONDER. THOSE ARE IN THE TRUNK OF A CAR FOR AN OFFICER WHO MAKES IT ALL THE WAY TO THE SCENE, THEN DETERMINES THAT THE DRONE IS USEFUL. THIS IS THIS DRONE PROGRAM HERE IS GOING TO LAUNCH WITHIN SECONDS OF THE 911 CALL. MOST ARRIVAL TIMES WE SUSPECT WITH THESE DRONES WILL BE ON SCENE WITHIN THREE MINUTES. THAT'S FAR FASTER THAN OUR 7 TO 10 MINUTE ARRIVAL FOR A FIELD PERSONNEL. SO WE'RE CUTTING OUR RESPONSE TIME FROM EYES ON THE SCENE AT LEAST IN HALF. OKAY. YES, I THE MOTION IS TO TABLE THE ITEM I'M CALLING THE QUESTION. IT'S A NON-DEBATABLE MOTION ROLL CALL VOTE. MOTION TO TABLE. THE MOTION BY COUNCIL MEMBER HARRIS WAS TO TABLE THE ITEM UNTIL A PUBLIC MEETING. A SPECIAL MEETING IS CALLED. IS THAT. YES. YES, I'M REMEMBERING THAT CORRECTLY. IT WAS SECONDED BY ME IN ROLL CALL VOTE.

MCKINNEY. NO. ZUNIGA. NO. TOBIAS. NAY. HEIZER. YES. HARRIS. YES. MITCHELL. NO.

RIZZO. THE TABLE. THIS IS NOT TO SAY NO. CORRECT TO THE SYSTEM. THIS IS JUST A TABLE TO GET MORE PUBLIC INPUT. CORRECT. IT'S NOT ABOUT KILLING THE SYSTEM, RIGHT, I ALL RIGHT, MOTION FAILS. THREE, FOUR. MAYOR PRO TEM, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 45. SECOND. YES, MAYOR. MOTION TO APPROVE AGENDA ITEM 45 MADE BY COUNCILMEMBER TOBIAS, SECONDED BY COUNCIL MEMBER MCKINNEY. IS THERE DISCUSSION ON THE MOTION? MAYOR? COUNCIL, IF I IF I COULD JUST CLARIFY, I THINK THE REQUEST IS FOR A FIVE YEAR CONTRACT THAT MAY BE SLIGHTLY DIFFERENT THAN THE LANGUAGE THAT WAS INCLUDED. AS THE CITY ATTORNEY POINTED OUT.

AND I THINK THAT'S THE REQUEST FOR A FIVE YEAR AGREEMENT, IF WE MAY. THAT IS CORRECT. THAT IS THE MOTION, IF THAT'S WHAT YOU'RE MAKING IT OR IS IT A TWO? IS A THREE YEAR AGREEMENT, ONE YEAR AGREEMENT. IT IS A ONE YEAR WITH UP TO THREE YEAR OPTIONS. AND I APOLOGIZE FOR MISSED READING AND MISUNDERSTANDING HOW THAT RENEWAL WORKS. IT DOES HAVE IN THERE THAT THE CITY COULD CHOOSE NOT TO FUND THIS NEXT YEAR, AND THAT WOULD THUS END THE PROGRAM. I THOUGHT THAT WAS THE ANNUAL RENEWAL FOR THAT, THAT PERIOD. BUT YES, THAT IS THE ASKED FOR A FIVE YEAR AGREEMENT AS PROPOSED IN THE ATTACHED AGREEMENT. CHIEF, IF YOU ARE ASKING FOR A FIVE YEAR AGREEMENT, CAN YOU GO BACK TO FLOCK AND ASK THEM FOR A BETTER DEAL THAN BASED ON PRECEDENT THAT HAS BEEN SET NATIONALLY BY THEM AS AN AS AN ENTITY? I CAN CERTAINLY ASK FOR A BETTER DEAL. I DON'T KNOW THAT WE WOULD GET IT, AND I DON'T KNOW WHAT THAT WOULD EVEN BE, BUT I COULD CERTAINLY ENTERTAIN ANY QUESTION. ANYTHING YOU WANT ME TO ASK THEM, THEY'RE GIVING US 1.5 MILLION. MAYOR MITCHELL, I'D LIKE TO MOTION TO AMEND AND CLARIFY THAT THE AGREEMENT THAT WE'RE APPROVING IS FOR A FIVE YEAR AGREEMENT. SECOND, I JUST WANT TO NOTE THAT THERE IS LANGUAGE IN THE AGREEMENT THAT ALLOWS TERMINATION AT THE END OF ANY FISCAL YEAR. SO THE AMOUNT THAT'S BEING APPROVED IS THE 285 FOR THIS YEAR. BUT THE CONTRACT WOULD CONTINUE TO RENEW AS LONG AS THE MONIES BUDGETED. MOTION TO AMEND TO A FIVE YEAR CONTRACT WAS MADE BY MAYOR MITCHELL AND SECONDED BY WHOM? COUNCIL MEMBER TOBIAS.

ANY FURTHER? MR. TOBIAS, CAN I AMEND YOUR MOTION TO INCLUDE AN OPEN HOUSE OR TO APPROVE? AND WITH THE APPROVAL, SET UP AN OPEN HOUSE THAT COULD BE SET FOR ANOTHER TIME TO WHERE WE COULD DO THAT. BUT FOR RIGHT NOW, I WANT TO APPROVE THE CONTRACT. I THINK STAFF CAN DO THAT. OKAY. YEAH. STAFF CAN CAN COME BACK LATER WITH THAT. THAT SPECIFIC ITEM RIGHT NOW THE MOTION IS ON THE TABLE TO APPROVE, ACCORDING TO THE AMENDED MOTION LANGUAGE BY TRAVIS MITCHELL. SO I'D LIKE TO AMEND TO MAKE SURE THAT WE DO NOT UTILIZE THE DRONES UNTIL THE WE HAVE OUR POLICY IN PLACE. THAT'S SOMETHING THAT I REALLY WANT TO HIGHLIGHT. IT'S IMPORTANT TO HAVE THAT POLICY IN PLACE IF WE'RE GOING TO APPROVE THESE DRONES, HAVING A POLICY IN PLACE BEFORE THEY'RE AIRBORNE IS GOING TO BE CRUCIAL. SO I'D LIKE TO MAKE THAT

[03:30:05]

YES. IF YOU WANT AN ENFORCEABLE VOTE FROM COUNCIL THAT REQUIRES A MOTION. SO I THINK THE MOTION WOULD NEED TO BE IN PLACE TO MAKE SURE WE DON'T UTILIZE THE DRONES UNTIL THE POLICY IS IN PLACE. I WILL SECOND THAT MOTION. MOTION TO AMEND, MADE BY COUNCIL MEMBER RIZZO TO SAY THAT THE DRONES CANNOT BE UTILIZED UNTIL THE COMPLETION OF THE THE POLICY THAT WILL BE SET FORTH BY THE RFP PROCESS THAT WAS PRESENTED TO US IN AGENDA ITEM SIX. JUST FOR CLARITY, DID WE VOTE ON THE FIRST MOTION TO AMEND? NO. WE NEED TO VOTE ON THE FIRST MOTION TO AMEND FIRST AND THEN THE SECOND MOTION TO AMEND THE MOTION AS AMENDED. SO LET'S BACKTRACK MOTION. THE FIRST MOTION TO AMEND WAS MADE BY THE MAYOR TO MAKE IT A FIVE YEAR CONTRACT, SECONDED BY COUNCIL MEMBER TOBIAS. IS THERE ANY FURTHER DISCUSSION ON THAT MOTION TO AMEND? ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? NAY. ITEM PASSES SIX ONE. THE MOTION TO AMEND MADE BY COUNCIL MEMBER RIZZO TO SAY THAT THE DRONES CANNOT BE ACTIONABLE UNTIL THE COMPLETION OF THE DATA POLICY IS SET FORTH IN AGENDA ITEM SIX, SECONDED BY MYSELF. IS THERE ANY DISCUSSION ON THAT MOTION? I THINK THAT'S A COMPROMISE. MAYOR'S GOT HIS HAND UP. MAYOR MITCHELL, I JUST WANT TO SAY THAT I THINK I PERSONALLY HAVE CONCERNS ABOUT THE, THE THE POLICY AND THE AGREEMENT ON THE POLICY AND WHAT CAN BE USED. I WOULD PREFER TO VOTE ON THIS CONTRACT. THE CHIEF HAS BEEN CLEAR THAT HE'S GOING TO BRING FORWARD A PROPOSAL. COUNCIL WILL HAVE THE CHANCE TO VOTE ON IT. BUT IF THE COUNCIL CHOOSES TO DISAGREE ON A POLICY MOVING FORWARD AND WE'VE ALREADY ORDERED THESE DRONES, IT COULD PUT US IN A BIND. I'D PREFER PERSONALLY TO VOTE ON THE CONTRACT AS OPPOSED. I DON'T THINK IT'S ABOUT DENYING A POLICY. I THINK IT'S ABOUT HAVING A POLICY TO MAKE SURE THAT PEOPLE'S RIGHTS ARE TAKEN INTO CONSIDERATION. WE'RE USING THE DRONES FOR WHAT CHIEF HAS STATED. I THINK WE'RE ALL AMENABLE FOR THE USES THAT CHIEF HAS STATED TODAY. I THINK IT'S REALLY GOOD USES. I JUST WANT TO MAKE SURE THAT WE'RE NOT REUSING. IF WE JUST BRING IT IN WITHOUT ANY RULES, THEN WE CAN SET OURSELVES UP TO MAYBE EVEN SOME LAWSUITS. I JUST WANT TO MAKE SURE THAT WE HAVE A POLICY IN PLACE TO MAKE SURE THAT WE'RE MOVING IN THE RIGHT DIRECTION. I THINK THIS WOULD BE THE BEST ROUTE MOVING FORWARD. I JUST WANT TO SAY CHIEF HAS ALREADY BEEN IN WRITING ON THE RECORD, ON EVERY QUESTION THAT'S BEEN ASKED WITH REGARDS TO HOW THESE DRONES ARE GOING TO BE USED. SO THE, THE, THE CLARIFICATION IS VERY CLEAR ABOUT WHAT THIS PROGRAM IS AND HOW THESE DRONES ARE GOING TO BE USED. I WOULD LIKE TO I WOULD LIKE TO VOTE PERSONALLY ON THIS DRONE POLICY OR ON THIS DRONE PROGRAM AS IT'S PRESENTED, AND NOT PUT SOMETHING ELSE INTO THIS MOTION THAT ALLOWS FOR SOMEONE ELSE TO COME IN AND TRY TO CHANGE IT. IT'S ALL BEEN IN RECORD. IT'S BEEN STATED IN WRITING EXACTLY WHAT IT IS. THESE, THESE THESE ARE NOT MASS SURVEILLANCE DRONES. THEY'RE DRONES AS FIRST RESPONDERS. IT JUST IS WHAT IT IS. WE HAVE A POLICY IN PLACE. AND I DON'T WANT TO WAIT FOR AN RFP PROCESS TO SLOW DOWN THE DRONE USAGE ON THAT. SO ONE OF THE THINGS IS, ARE YOU OKAY WITH LAUNCHING THESE THINGS WITHOUT YOU'VE GOT A SEMI POLICY IN PLACE? WE REALLY DON'T HAVE A POLICY IN PLACE. ARE YOU ALL OKAY COMFORTABLE AS COUNCIL MEMBERS TO LAUNCH THESE DRONES WITHOUT A POLICY IN PLACE IS WHAT I'M ASKING RIGHT NOW OF YOU. IF YOU'RE OKAY WITH THAT, WITH NO CLARITY. I MEAN, THAT'S WHAT WE'RE ASKING RIGHT NOW. I MEAN, JUST LET THEM GO. YEAH. OKAY. ABSOLUTE CLARITY ON WHAT THESE DRONES ARE AND THE POLICY AND HOW THEY WILL BE USED. HE GAVE IT 15 MINUTES AGO. HE GAVE IT AT THE BEGINNING OF THIS MEETING. HE GAVE IT IN WRITING IN MULTIPLE RESPONSES TO EMAILS, ABSOLUTE CLARITY AS TO HOW THESE DRONES ARE GOING TO BE USED. AND I TRUST CHIEF TOTALLY.

BUT I WANT TO MAKE SURE THAT WE HAVE SOMETHING THAT IS GOING TO MAKE SURE WE DON'T UTILIZE THESE EARLY IS ALL I'M ASKING FOR. LOOK, I KNOW THESE DRONES ARE USEFUL. I KNOW THEY'RE A

[03:35:05]

WE CAN ALREADY HAVE THEM TRAINING. IT'S JUST BEFORE WE PUT IT UP IN THE AIR. BUT IF I HAVE NO SUPPORT, I'M GOOD WITH WITHDRAWING IT. SO IF YOU WITHDRAW, I WITHDRAW. THANK YOU.

CALL THE MOTION. CALL THE QUESTION. YEAH. REQUEST. RESTATE. SO MOTION REQUEST TO APPROVE. AGENDA ITEM 45 WAS MADE BY COUNCIL MEMBER TOBIAS. SECONDED BY WHOM? ME, COUNCIL MEMBER MCKINNEY. IS THERE ANY DISCUSSION OR HAVE YOU. YEAH. JUST ONE LAST THING. LOOK, HONESTLY, I THINK OUR DEPARTMENT IS A GREAT DEPARTMENT. I THINK THEY'RE GOING TO UTILIZE THESE CAMERAS IN THE RIGHT WAY. KEEPING OUR OFFICERS SAFE IS A TOP PRIORITY FOR ME, MAKING SURE THEY HAVE ALL THEIR TOOLS AT THEIR DISPOSAL AND ALSO KEEPING THE PUBLIC SAFE IS ALSO A TOP PRIORITY. AND I DON'T WANT ANYONE TO THINK THAT I'M NOT ABOUT OUR DEPARTMENT HAVING EVERY TOOL THEY NEED DISPOSAL TO KEEP US SAFE AND KEEPING THE OFFICERS SAFE. USING TECHNOLOGY TO BE ABLE TO. HANDLE SITUATIONS AND DEPLOY THE RIGHT EMERGENCY DISPATCH IS SOMETHING THAT'S CRUCIAL, AND I BELIEVE IN IT. AND I JUST WANTED TO MAKE THAT CLEAR FOR THE RECORD, THAT I BELIEVE IN OUR DEPARTMENT AND CHIEF, I HAVE ALL THE TRUST IN THE WORLD IN YOU. I JUST I JUST WANT TO MAKE SURE THE PUBLIC DOES TOO. SO THANK YOU. APPRECIATE IT. YES, SIR. WE'VE CALLED. REQUIRES A VOTE. I'M TRYING TO DECIDE IF I WANT TO SAY SOMETHING ELSE. THE QUESTION IS CALLED THE QUESTIONS CALLED. WELL. ALL RIGHT, WELL, THEN I WILL JUST BRING IT UP ANOTHER TIME THEN. ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? NAY. MOTION PASSES SIX ONE. THANK YOU CHIEF. THANK YOU EVERYBODY, FOR YOUR PATIENCE.

[28) (Second Reading) Consider approval of an Ordinance authorizing a Development Agreement (DA) with RD & MML Wiegand Family Trust and CityPoint Kyle LLC for approximately +/- 99 acre tract, for property located at 1100 E. FM-150, in Hays County, Texas. (DA-25-00014) City Council voted 7-0 to approve on first reading on 10/8/2025.]

[29) (Second Reading) Consider approval of an ordinance for a voluntary annexation of approximately 101.13 acres being 98.88 acres known as the Wiegand tract and 2.25 acres of adjacent CR 158 right-of-way (ROW) located at 1100 E RR 150, between CR 158 and RR 150. (ANNX-25-0025) City Council voted 7-0 to approve on first reading on 10/8/2025.]

[30) (Second Reading) Consider approval of an Ordinance to rezone an approximately 98.88 acres tract of land from the interim zoning classification of Agricultural (AG) to a Planned Unit Development (PUD), consisting of approximately 13 acres of Retail Services (RS) district, 48.4 acres of Single-Family Attached (R-1-A) Garden Home district, and 28.4 acres of Apartment Residential 3 (R-3-3) district, for property located at 1100 E. FM-150, in Hays County, Texas. (Z-25-0138) City Council voted 7-0 to approve on first reading on 10/8/2025.]

[31) Consider approval of a resolution of the City Council of the City of Kyle, Texas, authorizing the creation of the CityPoint Public Improvement District (PID); authorizing a dissolution agreement, resolving other matters incident and related thereto and providing an effective date. Public Hearing ]

[32) Consider approval of a resolution of the City Council of the City of Kyle, Texas, approving and authorizing the execution of a professional services agreement between the City and the developer of the CityPoint Public Improvement District; and resolving other matters incident and related thereto.]

[33) Consider approval of a resolution of no objection to an application for Housing Tax Credits for the development located at or about 1100 E. FM 150 Kyle, Texas to the Texas Department of Housing and Community Affairs (TDHCA) to develop affordable rental housing, providing a severability cause, and establishing an effective date. Public Hearing ]

[34) Consider approval of a resolution authorizing the City Manager or designee to execute an Agreement Regarding Water Service Area Transfer with County Line Special Utility District (CLSUD) for service of the CityPoint development. Public Hearing ]

GIVE ME A SECOND. ALL RIGHT 28 CONSIDER APPROVAL OF AN ORDINANCE AUTHORIZING A DEVELOPMENT AGREEMENT WITH RDML WIEGAND FAMILY TRUST AND CITY POINT, LLC FOR APPROXIMATELY 99 ACRE TRACT FOR PROPERTY LOCATED AT 1100 EAST FM 150, IN HAYS COUNTY, TEXAS, AND THEN READ THE NEXT ONE. YES. YES, SIR. OKAY. AGENDA ITEM 29 CONSIDER APPROVAL OF AN ORDINANCE FOR A VOLUNTARY ANNEXATION OF APPROXIMATELY 101.13 ACRES, BEING 98.88 ACRES, KNOWN AS THE CONTRACT IN 2.25 ACRES OF ADJACENT KR 158 RIGHT OF WAY LOCATED AT 1100 EAST RR 150 BETWEEN KR 158 AND R 150. AGENDA ITEM 30. CONSIDER APPROVAL OF AN ORDINANCE TO REZONE AN APPROXIMATELY 98.88 ACRES OF ACRES TRACT OF LAND FROM THE INTERIM ZONING CLASSIFICATION OF AGRICULTURAL TO A PLANNED UNIT DEVELOPMENT CONSISTING OF APPROXIMATELY 13 ACRES OF RETAIL SERVICES. DISTRICT 4040 8.4 ACRES OF SINGLE FAMILY RESIDENTIAL GARDEN, HOME DISTRICT AND 28.4 ACRES OF APARTMENT RESIDENTIAL R 33 DISTRICT FOR PROPERTY

[03:40:01]

AGENDA ITEM 33 CONSIDER APPROVAL OF A RESOLUTION OF NO OBJECTION TO AN APPLICATION FOR HOUSING TAX CREDITS FOR THE DEVELOPMENT LOCATED AT OUR AT OR ABOUT 1100 EAST FM 150 TEXAS TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS TO DEVELOP AFFORDABLE RENTAL HOUSING, PROVIDING A SEVERABILITY CLAUSE CAUSE AND ESTABLISHING AN EFFECTIVE DATE AGENDA ITEM 34 CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE CITY MANAGER DESIGNEE TO EXECUTE AN AGREEMENT REGARDING WATER SERVICE AREA TRANSFER WITH COUNTY LINE SPECIAL UTILITY DISTRICT FOR SERVICE OF THE CITY POINT DEVELOPMENT. THANK YOU, MAYOR PRO TEM. SORRY ABOUT THE WORDING INTROS HERE. I'M GOING TO MOVE THROUGH THE SLIDES PRETTY QUICK. DO YOU WANT TO TALK ABOUT THE PROJECT? SAHARA IS WHAT WE DISCUSSED LAST MONTH OR LAST TIME THAT WE MET. ON TEN EIGHT. WE DISCUSSED THE DEVELOPMENT AGREEMENT, WE DISCUSSED ANNEXATION. WE DISCUSSED DISCUSSED THE ZONING. ALL THREE OF THOSE ITEMS WERE APPROVED ON THE FIRST READING. HOWEVER, THERE WERE SEVERAL MODIFICATIONS REGARDING THE PUD THAT COUNCIL REQUESTED, SO SOME OF THE CHANGES WERE A REQUIREMENT FOR MINIMUM OF 20% SQUARE FOOT OF THE LOTS TO BE DEVELOPED AS TOWNHOMES. THE APPLICANT HAS COME BACK AND MADE THAT CHANGE. THEY'RE ACTUALLY GOING FROM A MINIMUM OF 20 AND A MAXIMUM OF 30%.

THOSE WILL BE DEVELOPED IN PHASE ONE AND OR TWO. ANOTHER REQUEST WAS TO MOVE THE CONSTRUCTION OF THE COVERED SPORTS COURTS TO PHASE ONE OF THE DEVELOPMENT THAT HAS BEEN PROVIDED AS WELL. AND THEN ONE DISCUSSION POINT WAS TO ALLOW ADMINISTRATIVE APPROVAL AND THE REQUIRED CUPS FOR BUILDINGS LOCATED IN PARCELS ONE AND TWO THAT CHANGED IN ALL MODIFICATIONS ARE INCLUDED IN THE DOCUMENTS YOU HAVE BEFORE YOU TONIGHT. AGAIN TONIGHT, SOME OF THE OTHER DEVELOPMENT CHANGES WE HAD IN THE DEVELOPMENT AGREEMENT ARE WERE SPECIFICALLY FOR SOME OF THE DOCUMENTS THAT YOU'RE SEEING TONIGHT FOR THE FIRST TIME, ONE WOULD BE THE PYD FINANCING REQUIREMENTS. THERE WERE SOME CHANGES MADE TO THE DA TO COVER THE THE DETAILS OF THAT AGREEMENT. BUT THOSE CHANGES HAVE BEEN REVIEWED BY THE CITY'S BOND COUNCIL. AND SO AND THEN THE DOCUMENT WAS ADDED AS AN EXHIBIT TO THE DA. SO THOSE ARE THE CHANGES YOU'LL SEE IN THAT DOCUMENT. AGAIN, WE'RE HERE TONIGHT TO TALK PROJECTS SAHARA. THIS IS A MIXED USE DEVELOPMENT. AGAIN THROUGH THE CAPTIONS WITH MULTIPLE ITEMS FOR CONSIDERATION TO TONIGHT. SO I'M GOING THROUGH JUST SHOWING YOU THE SLIDES THAT WE HAD MODIFICATIONS. SO AGAIN SINGLE FAMILY R-1A LAND USES WAS UPDATED TO REQUIRE A MINIMUM OF 20% AND A MAXIMUM OF 30% TOWNHOMES. AGAIN THAT IS GOING TO BE DONE IN PHASE ONE, TWO OR BOTH. THERE IS SOME FLEXIBILITY BUILT IN THAT LANGUAGE. THE COVERED SPORTS COURT BASKETBALL AGAIN, IS GOING TO BE PROVIDED IN WITH PHASE ONE. AGAIN HERE. CHANGES ON THE PARKLAND AGREEMENT SECTION. AND THEN FOR CUPS. AGAIN, THERE WAS A LOT OF DISCUSSION ON THAT. IF YOU RECALL, ONE OF THE RECOMMENDATIONS FROM PNC WAS TO TO MAKE THIS TO STAY WITH THEM. THERE WAS SOME DISCUSSION TO GO BACK AND ALLOW IT TO BE ADMINISTRATIVE. SO THE LANGUAGE BEFORE YOU DOES ALLOW FOR ADMINISTRATIVE APPROVAL.

HOWEVER, THE DEA DOES ALLOW STAFF THE ABILITY IF THERE'S CONFLICTS OR CONCERNS WITH THE PROJECT OR THE CHANGES, THAT THIS CAN BE PUSHED TO PNC. SO WE FEEL THAT THAT WILL HELP EITHER WAY KIND OF SOLVE SOME ISSUES SHOULD ANY COME UP TONIGHT. AGAIN, WE'RE TALKING PUBLIC IMPROVEMENT DISTRICT AGAIN FUNDING MECHANISM FOR STREETS ROADS AND CONSTRUCTION.

AND THEN THE PROFESSIONAL SERVICE AGREEMENT IS FOR THE MANAGING OF THAT PYD THROUGH OUR CITY'S THIRD PARTY CONSULTANT. THERE'S ALSO A RESOLUTION OF NO OBJECTION.

THIS IS ALLOWED TO ALLOW THE TAX CREDIT HOUSING PROJECT TO BE CONSTRUCTED. AND THEN THE WATER CCN TRANSFER WITH COUNTY LINE. AGAIN, THAT'S DONE TO TO BRING THE PROJECT INTO OUR PURVIEW FOR WATER AND SEWER AS WELL. SO WHEN WE LOOKED AT THE DOCUMENTS AND THE PSA AGAIN, THIS PETITION IS JUST CREATING A PUBLIC IMPROVEMENT THAT WAS RECEIVED BY THE WIGAN FAMILY OR FROM THE WIGAN FAMILY ON AUGUST 27TH. THAT WAS A PETITION WAS ACCEPTED ON SEPTEMBER 16TH.

AGAIN, ALL THE IMPROVEMENTS ARE GOING TO BE INCLUDING FOR SIDEWALKS, STREETS, WATER, WASTEWATER, DRAINAGE FACILITY AND PARKS. THE ESTIMATED COST OF THOSE IMPROVEMENTS IS

[03:45:04]

TIME FRAME 100% OF THOSE UNITS WILL BE CONSIDERED AFFORDABLE, SO 80% OF THE UNITS WILL BE AT 60% OF THE REGION'S MEDIAN FAMILY INCOME, AND 20% OF THOSE UNITS WILL BE PRICED AT 50% OF THE REGION'S MEDIAN FAMILY INCOME. HERE IS A BREAKDOWN SHOWING HOW THOSE AMIS SHAKE OUT AND WHAT THEIR PROJECTED BEDROOM TYPES ARE GOING TO BE WITH THOSE UNIT TOTALS. THAT IS SUBJECT TO CHANGE. ONCE THE PLAN GETS FURTHER PROCESSED. THE DEVELOPER IS ALSO AGREEING TO A PILOT PAYMENT, WITH FEES TO BE PAID IN ACCORDANCE WITH THAT DEVELOPMENT AGREEMENT THAT WE TOUCHED ON LAST TIME. AND THAT'S TO OFFSET THE TAX LOSS FROM TAKING THESE OFF THE ROLLS.

WE ALSO HAVE THE CERTIFICATE OF CONVENIENCE AND NECESSITY SWAP. AGAIN, THIS PROJECT IS IN COUNTY LINE SPECIAL UTILITY DISTRICT. HOWEVER THEY DO NOT HAVE THE INFRASTRUCTURE IN PLACE TO SERVE THE PROJECT CURRENTLY. SO AGAIN THE CITY'S CONSULTANT DID MONITOR AND REVIEW THE PROJECTED PROJECT. WE DO HAVE THE AVAILABILITY OF WATER SUPPLY TO SERVE THIS PROJECT BASED ON THEIR PROPOSED PHASING SCHEDULE. THE DEVELOPMENT WILL PROVIDE ADDITIONAL REVENUE. THIS SHOULD BE SUFFICIENT TO COVER COSTS OF ALL WATER SERVICES. SO TEXAS WATER CODE ALLOWS FOR AGREEMENTS TO TRANSFER PORTIONS OF CCNS BETWEEN DIFFERENT GROUPS BETWEEN THE CITY AND THIS PUBLIC UTILITY PROVIDER. PUBLIC HEARING IS REQUIRED AS PART OF THAT PROCESS. SO THAT WILL BE ONE OF THE THREE THAT WE'RE HAVING TONIGHT. AGAIN, DEVELOPER CITY AND COUNTY LINE HAVE AGREED TO THE TERMS OF THAT CCN TRANSFER. AND SO THE BENEFIT IS AGAIN WE ARE THE WASTEWATER PROVIDER FOR THIS DEVELOPMENT. IT'S NICE TO HAVE CONTROL OVER WATER AND SEWER WHEN YOU'RE WORKING ON A PROJECT LIKE THIS, JUST TO GO OVER QUICKLY. PAZ'S RECOMMENDATION AGAIN, ALL OF THEIR RECOMMENDATIONS WERE INCORPORATED TO THE DOCUMENT. ON YOUR FIRST READING, WITH THE ONLY CHANGE THE TWEAK BACK OF THIS ADMINISTRATIVE APPROVAL OF THE CUP. SO COUNCIL'S ACTION AGAIN APPROVE THESE ON THE FIRST READ AT THE LAST MEETING. THESE WERE THE MINIMUM OR THE CHANGES. THE TOWNHOMES, THE SPORTS COURT AND ADMINISTRATIVE CUPS. AGAIN ALL OF THOSE CHANGES HAVE BEEN MADE AS PART OF THIS DOCUMENT. SO TONIGHT, MAYOR PRO TEM, IF YOU CAN OPEN THESE PUBLIC HEARINGS, WE HAVE THE THREE. IT'S THE RESOLUTION, THE RESOLUTION AND THE CC AND SWAP. AND THEN YOU CAN CONSIDER AND MAKE RECOMMENDATIONS ON ALL OF THE ITEMS INDIVIDUALLY. AS ALWAYS YOUR OPTIONS ARE APPROVE AS PRESENTED, APPROVE WITH MODIFICATIONS MODIFICATIONS OR RECOMMEND DENIAL. AT THIS POINT STAFF IS RECOMMENDING APPROVAL OF ALL ITEMS AS PRESENTED, WHICH IS OPTION ONE. BE ABLE TO ANSWER ANY QUESTIONS IF YOU HAVE ANY AT THIS TIME. ALL RIGHT. LET'S OPEN THE PUBLIC HEARING ON AGENDA ITEM 31. THE PUBLIC. IS THERE ANYONE WHO WISHES TO COME UP AND SPEAK? MR. ROCHA, GOOD EVENING. WE GOT TO WITNESS GOOD GOVERNANCE TODAY ON A DIFFERENT ITEM. SO I APPLAUD THE DUE DILIGENCE THAT YOU, EACH OF YOU, BROUGHT TO THAT TOPIC AND ASKED FOR THE SAME. I HAVE BEEN ASKING FOR THE SAME. SO REGARDING THE WHOLE BATTERY OF OF ITEMS INVOLVING PROJECT SAHARA OR CITY POINT, THE KYLE PROJECT, THE ANNEXATION OF THE 101.13 ACRES, AND ZONING, I THINK YOU CALL IT A CASE. Z DASH 25 0138 THE D, A AND THE PIT CREATION.

EACH OF YOU RECOGNIZE THE IMPACTS AND CONCERNS RELATED TO THE DENSITY, TRAFFIC, WATER INFRASTRUCTURE, AND SUSTAINABILITY ASSOCIATED WITH THIS PROJECT. WHILE THE POTENTIAL EAST SIDE GROCERY STORE, CITY DEDICATED SPACE, PASTRANA ROAD EXPANSION AND THE 2.4 MILLION ANNUAL REVENUE ARE APPEALING, I FEEL WE RUSHED THE APPROVAL. I COMMEND THE MAYOR FOR BEING ON THE RIGHT TRACK BY PUSHING TO ADD REQUIRE CONDITIONAL USE PERMITS FOR BETTER OVERSIGHT AND COMMUNITY INVOLVEMENT, AND ASK THAT YOU PLEASE REINSTATE THEM IN THE DEVELOPMENT AGREEMENT. ALTHOUGH A ZONING PETITION COULDN'T BE EXECUTED IN TIME BY THE COMMUNITY AND THOSE IMPACTED IN THE 200FT FOR TONIGHT'S MEETING, THE GROWING SENTIMENT IN THE COMMUNITY IS THAT IT JUST ISN'T THE RIGHT TIME FOR THIS PROJECT. LIONHEART DOES GOOD WORK REFERENCED BY THE OTHER PROJECTS THEY HAVE DONE. WE APPRECIATE IT. THE FACT OF THE

[03:50:04]

COUNCILS HEARD COMMITMENT TO THE THINGS THAT BEEN DISCUSSED. LAST COUNCIL MEETING FROM BOTH THE DEVELOPER AND FROM STAFF. SO THAT'S APPRECIATIVE. BUT PLEASE CONSIDER THESE REQUESTS IN YOUR DECISION. WE'LL BE DEALING WITH THIS PROJECT OVER THE YEARS TO COME, AND I APPRECIATE THE DILIGENCE. ANYBODY ELSE? PLEASE STATE YOUR NAME FOR THE RECORD. HELLO COUNCIL. MY NAME IS PAUL HILL. I'M A RESIDENT OF KYLE AND I LIVE IN POST OAK, WHICH IS RIGHT NEXT TO WHERE PROJECT SAHARA OR CITY POINT IS GOING TO BE GOING IN. AND I JUST WANTED TO SAY THAT I THINK THIS IS ACTUALLY AN EXAMPLE OF HOW COUNCIL SHOULD MANAGE GROWTH.

YOU KNOW, THIS IS A TRACT THAT IS CURRENTLY NOT IN CITY LIMITS, AND THERE ARE A LOT LESS RESTRICTIONS ON DEVELOPMENT OUTSIDE OF CITY LIMITS. SO RATHER THAN JUST ALLOWING UNMITIGATED GROWTH OUTSIDE OF KYLE, WHICH WOULD STILL USE OUR ROADS AND LIKELY OUR WATER AND OTHER RESOURCES, THE COUNCIL DEVELOPED A PLAN WITH THE DEVELOPER TO BRING THIS LAND INTO CITY LIMITS, TO GET A NEEDED ROAD TO PASTRANO PARKWAY, TO GET LAND FOR THE CITY, TO GET A NEW GROCERY STORE, HOPEFULLY, AND TO DIVERSIFY THE TYPES OF HOMES THAT ARE GOING TO BE THERE AND WORK ON THINGS LIKE WATER COLLECTION. I KNOW THAT THERE HAVE BEEN A LOT OF DISCUSSIONS, AND THERE HAVE BEEN A LOT OF NEGOTIATIONS. THIS THE FIRST PROPOSAL THAT WAS BROUGHT IN JANUARY WAS IMPROVED TO THIS ONE. AND SO I WANT TO SAY THAT I APPRECIATE ALL THE WORK THAT COUNCIL HAS DONE ON THIS, AND CITY STAFF HAS DONE ON THIS. I'M VERY EXCITED FOR A GROCERY STORE AND MORE THINGS IN MY PART OF TOWN. I UNDERSTAND THAT THERE ARE CONCERNS WITH GROWTH AND THE ROADS AND WATER, AND I ABSOLUTELY UNDERSTAND THAT. BUT THE GROWTH IS COMING WHETHER WE LIKE IT OR NOT. AND AS I'VE TALKED ABOUT BEFORE, MORATORIUMS ARE NOT REALISTIC. SO IF THIS IS HOW WE CAN MANAGE GROWTH BY BRINGING THIS LAND INTO THE CITY AND WORKING WITH DEVELOPERS TO MAKE THE DEVELOPMENT WORK FOR US, THAT IS THE APPROACH THAT I HOPE THE CITY KEEPS TAKING, AND I APPRECIATE ALL OF YOUR WORK ON THIS. THANK YOU. THANK YOU, MR. HILL. ANYBODY ELSE WANT TO COME UP TO SPEAK ON THE PUBLIC HEARING FOR AGENDA ITEM? THIS ONE IS WHICH ONE? OKAY. YEP. OKAY. SO WE'RE GOING TO CLOSE THE SEEING NONE. WE'RE GOING TO CLOSE THAT PUBLIC HEARING. WE'RE GOING TO OPEN THE PUBLIC HEARING FOR AGENDA ITEM 33. IS THERE ANYONE WHO WISHES TO COME FORWARD AND SPEAK ON AGENDA ITEM 33? SEEING NONE, I'M GOING TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM 33. AND NEXT UP IS A PUBLIC HEARING ON AGENDA ITEM 34 IS I DO HAVE A FORM, MISS TRACY. SHE'LL. HELLO, MY NAME IS TRACY SHILL. FOR THE RECORD, I COME ON TO YOU ON BEHALF OF THE COUNTY LINE SPECIAL UTILITY DISTRICT. I AM THE VICE PRESIDENT FOR THE BOARD OF TRUSTEES. LAST MEETING, YOU GUYS HAD A QUESTION AS TO IF THE STUDY WAS IN AGREEMENT WITH THE SWAP. AND I JUST WANTED TO LET YOU KNOW THAT YES, WE APPROVED THIS SWAP. NOT LAST NIGHT, BUT THE SEPTEMBER BOARD MEETING. SO I DID WANT TO LET YOU GUYS KNOW THAT THAT DID OCCUR. THANK YOU. IS THERE ANYONE ELSE WHO WISHES TO COME FORWARD AND SPEAK? SEEING NONE, WE ARE GOING TO CLOSE THE PUBLIC HEARING ON AGENDA ITEM 34. ANY MOTIONS, DISCUSSION, OH YEAH. ANY DISCUSSION ON THE PRESENTATION GIVEN BY MR. LUTZ? GO AHEAD. COUNCIL MEMBER HARRIS I HAVE A COUPLE. HOW LONG IS THIS PROJECT SAHARA BEING UNDER CONSIDERATION? IT WASN'T JUST THIS LAST JANUARY, RIGHT? NO, MA'AM. I BELIEVE WE STARTED THIS INITIAL CONVERSATIONS ALMOST TWO YEARS AGO. AND SO WE'VE BEEN GOING BACK AND FORTH. IT IS A NEW DEVELOPER, BUT THE BONES AND THE MEAT OF THIS WERE WERE KIND OF LAID OUT AND IN PLACE. AND SO IT WAS JUST MORE ABOUT FINE TUNING THAT. SO IT'S BEEN A COUPLE OF YEARS. YES, MA'AM. 158 IS ONE OF THE PROBLEMS WITH THIS DEVELOPMENT

[03:55:06]

BUT I DO KNOW THAT THIS DEVELOPMENT DOES REQUIRE A TIA AS PART OF THAT. AND SO THEY WILL BE SOME ADDITIONAL IMPROVEMENTS THEY'LL HAVE TO DO AS PART OF THEIR DEVELOPMENT ITSELF. OUTSIDE OF THE THE ORIGINAL SCOPE OF THE 158 IMPROVEMENTS. NOW, MY REQUEST WOULD BE THAT WE ANY IMPROVEMENTS THAT ARE THAT ARE ANTICIPATED FOR 158 BE MOVED UP IN THE SCHEDULE AS WE BEGIN DEVELOPMENT OF THIS, AND IT'S GOING TO TAKE YEARS FOR THIS TO REALLY DEVELOP TO, TO DEVELOP. BUT 158 REALLY NEEDS TO BE ADDRESSED. THERE WILL BE A ROUNDABOUT RIGHT AT 158. I BELIEVE. SO MR. TRIMBLE CAN PROBABLY ADDRESS THAT MORE SPECIFICALLY. YEAH. MIKE TRIMBLE, DIRECTOR, TRANSPORTATION, PUBLIC WORKS.

YES. COUNCIL MEMBER THERE'S A ROUNDABOUT CONTEMPLATED AT 158 AT THAT LOCATION, AND WE ARE FOCUSING ON 158 AS PART OF THE MOBILITY PLAN. WE'RE DOING SOME ADDITIONAL FEASIBILITY ON THAT CORRIDOR, AS WELL AS COORDINATING WITH THE COUNTY ON 150 AS WELL. AND THE OTHER SIDE.

GREAT. THANK YOU SO MUCH, BECAUSE I KNOW THAT THOSE ARE MAJOR CONSIDERATIONS FOR ALL THE NEIGHBORHOODS AROUND. THANK YOU VERY MUCH. MY OTHER QUESTION IS RELATED TO WHAT THE DEVELOPER IS CALLING ONE WATER. THE THE ONE THING THAT THEY ARE REALLY TALKING ABOUT THAT IS WATER RELATED, OTHER THAN THE NATIVE PLANTINGS, IS THAT THEY INTEND TO CAPTURE AND STORE STORMWATER. I DON'T HAVE ANY OBJECTIONS THAT THAT CAN BE PART OF ONE WATER, BUT IT IS NOT ONE WATER. IT IS STORMWATER MANAGEMENT. IF THEY ARE. WE HAD I HAD REQUESTED THAT THEY DO CONDENSATE CAPTURE AND USE AROUND THE APARTMENT BUILDINGS AND THE COMMERCIAL BUILDINGS.

THEY DID NOT COME BACK WITH THAT. I HOPE THAT THAT DEVELOPER WILL STILL CONSIDER THOSE. I AM CERTAINLY WOULD NOT VOTE AGAINST THIS DEVELOPMENT FOR THAT REASON. IT'S JUST TOO IMPORTANT. BUT I AM DISAPPOINTED THAT THEY ARE TRYING TO USE THE TERM ONE WATER, AND I WOULD LIKE FOR THEM TO NOT BE ABLE TO USE THAT, SINCE IT IS CERTAINLY NOT A ONE WATER DEVELOPMENT. THAT'S LIKE SAYING YOU'RE A SOLAR DEVELOPMENT AND YOU HAVE IT ON TWO BUILDINGS. THAT WOULD NOT BE A APPROPRIATE AND NEITHER IS THIS INSANE. IT'S ONE WATER.

THAT'S IT. I HAD A QUICK QUESTION, COUNCILMEMBER ZUNIGA. YEAH. ON THIS TRACK, I REALIZED THAT THERE'S A REALLY STANDING OUT CELL TOWER. DOES THE DEVELOPER HAVE ANY PLANS TO WORK WITH THAT CELL TOWER? IS IT GOING TO BE OWNED NOW BY THE DEVELOPMENT OR. NO, THAT'S AN EXISTING CELL TOWER. IF YOU LOOK THROUGH SOME OF THE DOCUMENTS, IT'S ACTUALLY CALLED OUT AS A SEPARATE LEASE TRACK. IT WILL BE ZONED ACCORDINGLY FOR THE ZONING DISTRICT. BUT RIGHT NOW THAT'S NOT BEING INCORPORATED INTO THEIR THEIR DEVELOPMENT. I DON'T HAVE ANY DETAILS ON THE LENGTH OF THAT LEASE, BUT COULD WOULD THERE BE ANY POSSIBILITY FOR THE CITY TO DO ANY BEAUTIFICATION THERE? I MEAN, I WOULD JUST IT LOOKS LIKE IT DOESN'T BELONG IN THERE AND IT'S GOING TO BE SORT OF AN EYESORE TO, YOU KNOW, THE, THE, THE, THE REALLY NICE RETAIL AND DEVELOPMENT COMING IN HERE THE RIGHT NOW THERE'S I DON'T KNOW OF ANY MASONRY WALL OR SOMETHING LIKE THAT. I DO KNOW WHEN THOSE CELL TOWERS TRY TO UPGRADE. WE'VE HAD SOME CHANGES IN SOME OF OUR SCREENING REQUIREMENTS ON SENSITIVE FACILITIES. SO WE HAVE CALLED THAT OUT WHEN THEY COME IN TO EXPAND THEIR FOOTPRINT ON THEIR THEIR BASE, EITHER NEW PADS OR NEW GENERATORS. WE'VE WE'VE HAD THEM UPGRADE TO MASONRY STYLE WALLS. SO THAT'S SOMETHING WE'VE DONE. BUT I'D HAVE TO DEFER TO THE THE DEVELOPER IF THEY HAVE ANY PLANS TO WORK WITH LANDSCAPING. IS THERE IS THERE ANY LONG TERM, I GUESS, IMPROVING THINGS THAT ARE OUT THERE LIKE THAT? NOT THAT I KNOW OF FOR THAT PARTICULAR SITE. I THINK WE CAN CERTAINLY TAKE A LOOK AT IT AS, AS JASON MENTIONED, WHEN THERE ARE UPGRADES, THERE ARE SOME SCREENING REQUIREMENTS THAT WOULD APPLY, AND WE CAN CERTAINLY TALK ABOUT THAT GOING FORWARD. BUT RIGHT NOW, I DON'T HAVE A PLAN FOR THAT. RIGHT, BECAUSE IT IS A LOT OF METAL FENCING THERE AND JUST SHEET METAL, YOU KNOW, CELL TOWERS. SO I UNDERSTAND WE CAN CERTAINLY TAKE A LOOK AT IT. I JUST WANT THEIR DEVELOPMENT TO, YOU KNOW, FIT WELL WITH THE NATURAL LANDSCAPING. OKAY. SO I GOT A COMMENT ON THAT. THAT'S NOT OUR PROPERTY RIGHT. THAT'S PRIVATE PROPERTY. IT'S OWNED BY THE AMERICAN TOWER CORPORATION OR WHOEVER OWNS IT. AND IT

[04:00:05]

HAVING SOME MUCH NEEDED RETAIL SPACE OVER ON OUR EAST SIDE. AND THEN, YOU KNOW, TO MAYOR PRO TEM CREDIT, YOU KNOW, PUSHING FOR FOR THAT THAT ENTRY LEVEL PRICE POINT PRODUCT. I MEAN, THERE'S THERE'S A LOT OF POSITIVES THAT COME WITH THIS AND IT OUTWEIGHS ANY NEGATIVES IN MY OPINION. SO WITH THAT BEING SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEMS 28 THROUGH 34 SECOND. OH, EITHER WAY OKAY. MOTION TO APPROVE AGENDA ITEMS 28 THROUGH 34 MADE BY COUNCIL MEMBER KENNY, SECONDED BY MYSELF. IS THERE ANY DISCUSSION ON HIS MOTION? NO. ALL RIGHT, ALL IN FAVOR, SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION PASSES, SEVEN ZERO. THANK YOU. COUNCIL. ALL RIGHT. NEXT UP ON THE AGENDA IS NUMBER 35. CONSIDER APPROVAL OF

[35) Consider approval of Task Order #8 with BGE Inc. for the schematic design of the Chevo Pastrano Senior Parkway Improvement Project in the amount of $99,087.68.]

AND THIS ROADWAY WAS IDENTIFIED IN THE 2021 TRANSPORTATION MASTER PLAN UPDATES AS A FOUR LANE ARTERIAL MINOR ARTERIAL. WE RECEIVED A PROPOSAL FROM BGE TO PROVIDE THE PRELIMINARY, PRELIMINARY DESIGN TO DETERMINE THE FEASIBILITY OF THIS ROADWAY, AS WELL AS THE ALIGNMENT. A SEPARATE TASK ORDER WILL BE USED TO FINALIZE THE PSN. THE DRAINAGE FROM THE ROADWAY WILL BE CARRIED THROUGH STORM SEWER PIPES AND THEN HANDLED BY THE DETENTION POND WITHIN THE CITY POINT DEVELOPMENT, AND BGE WILL TAKE BACK THE ALIGNMENTS AND THE RECOMMENDATION FOR CITY APPROVAL. THIS IS THE CURRENT LAYOUT OF THE ROADWAY. THERE ARE A COUPLE ISSUES WITH THIS LAYOUT AS WE IDENTIFY SOME CONFLICTS WITH EXISTING STRUCTURES THAT NEED TO BE FURTHER INVESTIGATED THROUGH THIS TASK ORDER. SO UNDER THIS TASK ORDER, BG WILL BE COLLECTING EXISTING DATA, PERFORMING ANY ADDITIONAL TRAFFIC ANALYSIS NEEDED FOR THIS ROADWAY DESIGN. INVESTIGATING PRELIMINARY SUBGRADE SUBSURFACE UTILITY LOCATIONS. FOLLOWING ALL THE DESIGN CRITERIA TO PROVIDE UP TO TWO ALIGNMENTS AND PROVIDE RECOMMENDATION. ALSO, PRELIMINARY DRAINAGE STUDY WILL BE INCLUDED IN THIS TASK ORDER.

SO UPON RECEIVING THE NOTICE TO PROCEED, WE'RE EXPECTING TO SEE THOSE ALTERNATIVE DESIGNS BY THE END OF THIS YEAR AND RECEIVE THE FINAL PR IN FEBRUARY 2026. YOU HAVE TWO OPTIONS. OPTION ONE IS TO APPROVE THE TASK ORDER NUMBER EIGHT WITH BG INC FOR THE SCHEMATIC DESIGN FOR SHOVEL PASTRANO SENIOR PARKWAY IMPROVEMENT PROJECT IN THE

[04:05:02]

GOOD EVENING. MAYOR AND COUNCIL AND PRO TEM ROB, ASSISTANT DIRECTOR, TRAFFIC TRANSPORTATION. SO LIKE LOU MENTIONED, THERE IS A VERSION OF THE TIA THAT IS UNDER REVIEW WITH TXDOT. WE SO FAR HAVEN'T GOTTEN ANY FORMAL COMMENTS FROM THEM, BUT OUR INTENT WITH THIS SCHEMATIC LAYOUT IS TO GO TO THEM WITH THAT PROPOSAL, BECAUSE WE WILL ALSO HAVE TRAFFIC ANALYSIS TO BACK UP WHATEVER RECOMMENDATIONS WE'LL BE MAKING FOR FM 150 AND COUNTY ROAD 158, AND PRESENT THAT THOSE TO BOTH TXDOT AND COUNTY AS WELL. SO THIS TASK ORDER WILL GIVE US ALL OF THE BOXES BASICALLY THAT WE CAN CHECK TO HAVE THAT CONVERSATION IN A STRATEGIC WAY WITH THOSE AGENCIES. SO THAT IS OUR INTENDED NEXT STEP THROUGH THIS PROCESS. AND SINCE WE'RE KIND OF ON A FAST PACE, I KNOW COUNCIL IS THAT THEY WANT TO SEE THAT ROAD BUILT. BUT WHAT IF THE THE RESPONSES ARE SLOW FROM THE HIGHER AUTHORITIES LIKE TXDOT COUNTY AND WE WE WE'RE WAITING ON THOSE WHICH COULD BE A YEAR YEAR AND A HALF FOR APPROVALS. BUT THIS COUNCIL HAS KIND OF, YOU KNOW, SET THE PACE THAT WE WANT TO SEE THE ROAD, BECAUSE THAT'S PART OF SOMETHING THAT THE RESIDENTS ARE GOING TO WANT TO SEE FIRST.

RIGHT? YEAH. AND THAT'S SOMETHING WE'VE DISCUSSED WITH THE PGE AS THEY WERE DEVELOPING THE SCOPE. SO WE'VE GOT SOME CONTINGENCIES BUILT IN THERE FOR THE WHAT IF SCENARIOS LIKE THE ONE YOU JUST DESCRIBED, SO THAT WE CAN CONTINUE TO MAINTAIN THAT SCHEDULE THAT WE COMMITTED TO, BOTH WITH COUNCIL AND WITH THE DEVELOPER THROUGH THE DEVELOPMENT AGREEMENT. BUT RIGHT NOW WE WE DON'T HAVE SOME OF THOSE PRELIMINARY DETAILS THAT EXPERTS CAN ASK FOR. OKAY.

YEAH. I JUST WANT TO ADD, YOU KNOW, WE HAD WE HAD BROUGHT BACK TO YOU, I THINK A FEW MONTHS BACK A CONTRACT WITH THE STC GROUP, WHO DOES A LOT OF WORK WITH TXDOT TO HELP US IN WORKING WITH TXDOT. THEY'RE CURRENTLY WORKING WITH US ON A COUPLE OF ROAD BOND PROJECTS THAT ARE ON TXDOT SYSTEM, AND SO WE ACTUALLY HAVE THE ABILITY TO TO USE RESOURCES LIKE THAT TO HELP US TO CONTINUE TO WORK WITH TEXDOT. SO IN ADDITION TO JUST OUR REGULAR COORDINATION WITH THE THE LOCAL AREA OFFICE, WE'LL ALSO BE TALKING TO THE DISTRICT OFFICE, BUT ALSO WORKING WITH OUR CONSULTANT TEAMS THAT THAT WORK ALL THE TIME WITH TXDOT. AND WE'LL TRY TO WORK THIS THROUGH THAT PROCESS. RIGHT. SO SO THE PICTURE I'M GETTING IS THAT

[04:10:02]

AND THEN I'M GOING TO ASK YOU THEN ALSO START LOOKING AT THE PASTRANO NORTH. RIGHT. BECAUSE THAT'S, THAT'S THE OTHER PART THAT WE NEED RIGHT TO, TO REALLY PROVIDE THAT TRANSPORTATION ROUTE FOR THE CITY. SO THAT'S SOMETHING WE'VE BEEN TALKING ABOUT FOR A WHILE.

SO IT'S IT'S GOING TO HAPPEN. WE'VE BEEN YOU KNOW, WHEN WE FIRST BROUGHT THIS BACK AND WE STARTED LOOKING AT THIS PROJECT THAT'S BEEN IN THE CONVERSATION FROM DAY ONE. SO I PROMISE YOU THAT'S GOING TO MOVE FORWARD. RIGHT. THANK YOU. ANYBODY ELSE I'D LIKE TO MAKE A MOTION TO APPROVE. AGENDA ITEM 35. SECOND MOTION TO APPROVE 35 MADE BY COUNCILMEMBER KENNY, SECONDED BY COUNCILMEMBER RIZZO. IS THERE ANY DISCUSSION ON THE MOTION? NOPE. ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED? MOTION PASSES SIX ZERO. NEXT UP ON THE AGENDA IS. AGENDA ITEM 36.

[36) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary a permanent public utility easement from a 1.994 acre parcel of land and a temporary construction easement over two parcels of land containing a total of 1.993 acres of land (as described in Exhibit “A” to the Resolution) from certain real property owned by Auburn Dennis and Shara Dennis for the public use and purpose of construction of public utility infrastructure improvements for the Clara Vista Water Line project. (ROLL CALL VOTE REQUESTED)]

INFORMATION ABOUT THE SITE. WE PERFORMED A SURVEY AND AN APPRAISAL HERE. PROPERTY INTERESTS INCLUDE A PERMANENT EASEMENT OF 1.994 ACRES, AND A TEMPORARY CONSTRUCTION EASEMENT OF 1.993 ACRES. IMPROVEMENTS INCLUDE THE. THE WATER LINE EVENTUALLY WILL GO THERE. A PUBLIC CONVENIENCE AND NECESSITY REFERS TO THE COUNCIL DETERMINING WHETHER THE CITY'S ACQUISITION OF AN INTEREST IN A SPECIFIC PIECE OF REAL PROPERTY, SUCH AS AN EASEMENT OR FEE.

SIMPLE TITLE IS NECESSARY TO EFFECTUATE A PARTICULAR PUBLIC USE FOR THE PUBLIC'S CONVENIENCE AND NECESSITY. IN THIS SITUATION, THE PCN FINDS THAT THE. IT SHOULD BE THAT THIS CLARA VISTA WATER LINE PROJECT IS NECESSARY AND REQUIRED TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, AND THE ACQUISITION OF THE IDENTIFIED PROPERTY IS REQUIRED TO COMPLETE THE PROJECT. WHEN THE PROPERTY OWNER IN THE CITY ARE UNABLE TO REACH A NEGOTIATED AGREEMENT, THE PCN AUTHORIZES THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS ONLY IF NECESSARY TO ACQUIRE THE NEEDED PROPERTY. WE ARE ASKING YOU TO APPROVE THE RESOLUTION, PLEASE. ANY QUESTIONS. COMMENTS? NO. ALL RIGHT. I MOVE THAT THE CITY COUNCIL AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE A PERMANENT EASEMENT OVER 1.994 ACRES AND A TEMPORARY CONSTRUCTION EASEMENT OVER 1.993 ACRES OF LAND FROM PROPERTY OWNED BY AUBURN, DENNIS AND DENNIS IS DESCRIBED AN AGENDA ITEM 36 FOR THE PUBLIC USE OF CONSTRUCT AND PUBLIC UTILITY INFRASTRUCTURE IMPROVEMENTS FOR THE CLARA VISTA WATER LINE PROJECT. ROLL CALL VOTE SECOND. SECOND. MCKINNEY. YES. HI, SIR. YES.

HARRIS. YES. MITCHELL. ABSENT. RIZZO. YES. ZUNIGA. YES. TOBIAS. YES. ALL RIGHT. MOTION PASSES,

[37) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary a permanent public utility easement from a 0.599 acre parcel of land and a temporary construction easement over two parcels of land totaling 0.1630 acres (as described in Exhibits “A,” “B,” and “C” to the Resolution) from certain real property owned by AMS Creekside, LLC for the public use and purpose of construction of public utility infrastructure improvements for the WWTP Interceptor Phase I and II project. (ROLL CALL VOTE REQUESTED)]

[04:15:04]

HEIZER. YES. MCKINNEY. YES. HARRIS. YES. TOBIAS MITCHELL IS ABSENT. ALL RIGHT. MOTION

[38) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary a temporary grading easement from a parcel of land containing 560 square feet (as described in Exhibit “A” to the Resolution) from certain real property owned by Timothy Alan Kay and Helen Anne Kay for the public use and purpose of construction of public roadway infrastructure improvements for the Center Street On System project. (ROLL CALL VOTE REQUESTED)]

TOBIAS. YES, MA'AM. HARRIS. YES. ALL RIGHT. MOTION PASSES, SEVEN ZERO. NEXT UP IS AGENDA ITEM 39.

[39) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary fee simple title to a parcel of land containing 0.135 acres and a temporary grading easement containing 0.004 acres (as described in Exhibits “A” and “A-1” to the Resolution) from certain real property owned by Kathryn Kinsala for the public use and purpose of construction of public roadway improvements for the Old Stagecoach Road North project. (ROLL CALL VOTE REQUESTED)]

[04:20:05]

HERE IS A PICTURE OF THE PROJECT LIMITS. AGAIN, WE PERFORMED A SURVEY AND APPRAISAL. WE NEED FEE. SIMPLE RIGHT OF WAY OF 0.135 ACRES AND A TEMPORARY GRADING EASEMENT OF 0.004 ACRES HERE. AND WE ASK THAT YOU APPROVE THE RESOLUTION. ALL RIGHT. ANYBODY WHICH WAS THE WHEN THEY TALKED ABOUT IN PUBLIC COMMENT ABOUT TAKING SOME OF THE SEPTIC, WAS THIS THE PROPERTY OR IS IT IS IT THE PRIVATE PROPERTY. NO I THINK IT WAS 40 OR 41 K POSE. OH YEAH.

IT'S 40. IT'S 40. I'M SORRY. OKAY. SORRY I'LL WAIT FOR THE NEXT ONE. ALL RIGHT. ANYONE ELSE? NO. I MOVE THAT THE CITY OF KYLE AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE 0.135 ACRES OF LAND IN FEE SIMPLE, AND A TEMPORARY EASEMENT OVER 0.004 ACRES OF LAND FROM PROPERTY OWNED BY KATHERINE KINSLER, AS DESCRIBED IN AGENDA ITEM 39, FOR THE PUBLIC USE OF CONSTRUCTING PUBLIC ROADWAY IMPROVEMENT PROJECTS FOR THE OLD STAGECOACH ROAD NORTH ROADWAY IMPROVEMENT PROJECT. SECOND. ALL RIGHT, MOTION MADE BY ME, SECONDED BY COUNCIL MEMBER MCKINNEY. ROLL CALL VOTE. MITCHELL. YES. HI, SIR. YES. RIZZO. YES. HARRIS.

YES. TOBIAS. YES. MCKINNEY. YES. ZUNIGA. YES. ALL RIGHT. MOTION PASSES, SEVEN ZERO. NEXT UP IS

[40) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary fee simple title to a parcel of land containing 0.193 acres and a temporary grading easement containing 0.023 acres (as described in Exhibits “A” and “A-1” to the Resolution) from certain real property owned by Kay Pogue for the public use and purpose of construction of public roadway improvements for the Old Stagecoach Road North project. (ROLL CALL VOTE REQUESTED)]

FEE SIMPLE TITLE TO A PARCEL OF LAND CONTAINING 0.193 ACRES AND A TEMPORARY EASEMENT CONTAINING 0.023 ACRES, AS DESCRIBED IN EXHIBITS A AND A-1, TO THE RESOLUTION FROM CERTAIN REAL PROPERTY OWNED BY KAY POGUE, FOR THE PUBLIC USE AND PURPOSE OF CONSTRUCTING A PUBLIC ROADWAY. IMPROVEMENTS TO FOR THE OLD STAGECOACH ROAD NORTH PROJECT. MISS SCHMITZ THIS IS ALSO ON OLD STAGECOACH ROAD NORTH, PART OF OUR 2022 ROAD BOND PROGRAM. IT'LL IMPROVE OLD STAGECOACH ROAD NORTH FROM SIX CREEKS BOULEVARD TO VETERANS DRIVE. HERE'S A PICTURE OF THE PROJECT LIMITS. WE PERFORMED A SURVEY AND AN APPRAISAL ON THIS PROPERTY. WE ARE ASKING FOR FEE.

SIMPLE RIGHT OF WAY OF 0.193 ACRES AND A TEMPORARY GRADING EASEMENT OF 0.023 ACRES FOR ROADWAY RECONSTRUCTION HERE. AND WE ASK THAT YOU APPROVE THE RESOLUTION. COUNCILMEMBER RIZZO.

YEAH, I JUST WANTED TO MAKE SURE THERE'S A CONCERN ABOUT THE SEPTIC IN THIS PROPERTY. I WANT TO MAKE SURE THAT WE'RE. DID WE REACH OUT TO PROPERTY OWNERS AND MAKE SURE. IS THIS THE CP01? YES. THIS IS OKAY. MAKING SURE. JUST MAKING SURE THAT WHAT WHAT DID STUDIES DID WE DID TO MAKE SURE WE'RE NOT INFRINGING ON THEIR SEPTIC SYSTEM. HAVE WE DONE THAT OR WE HAVEN'T GONE THAT FAR IN THE PROCESS? I'M NOT AWARE OF ANY STUDY THAT WE MAY HAVE PERFORMED, BUT IF WE DISRUPT ANYTHING A FENCE, A SEPTIC SYSTEM, A WATER LINE, WE WILL REPAIR IT TO MEET OR EXCEED WHAT WAS ALREADY THERE. OKAY, I THINK THAT'S WHAT THE CONCERN IS, MAKING SURE THAT IF WE'RE DOING THE OTHER THING, WE HAVE TO LOOK AT WHEN WE'RE LOOKING AT THIS PROPERTY, MAKING SURE THEY HAVE ROOM FOR SEPTIC SYSTEM, BECAUSE WE HAVE ORDINANCES ON THAT. AND IF THEY CAN'T PUT IN A SYSTEM BECAUSE WE'RE TAKING LAND FROM THEM, THEY DON'T HAVE ENOUGH LAND. I DON'T KNOW HOW MUCH LAND IS THERE. BUT THEN TYING THEM INTO THE CITY SEPTIC IF IF THAT'S AVAILABLE AN OPTION AND IF THEY'RE AMENABLE TO THAT AS WELL. I WANT US TO MAKE SURE THAT WE'RE TAKING A REALLY GOOD, HARD LOOK AT THIS PROPERTY AND MAKING SURE THAT WE'RE NOT DISRUPTING THESE PEOPLE'S LIVES AND LEAVING THEM WITHOUT THE WASTEWATER ABILITY. ABSOLUTELY. WE CERTAINLY UNDERSTAND THAT. AND IF THERE'S ANY DAMAGE TO ANY OF THOSE FACILITIES, IT'S COMPENSABLE. THOSE ARE EXPENSES THAT WE WOULD PAY FOR TO MAKE SURE, YOU KNOW, YOU'VE NOT ONLY DO YOU HAVE THE SEPTIC SYSTEM HAVING ROOM FOR THAT, YOU HAVE TO HAVE ROOM FOR THE DRAIN FIELD. I DON'T KNOW WHAT THE REQUIREMENT NOW IS. HALF AN ACRE PER HOUSE FOR SEPTIC SYSTEM. I DON'T KNOW WHAT IT IS. AND IF WE HAVE TO DO A WAIVER OR WHAT, MAKING SURE THAT WE DON'T LEAVE THESE PEOPLE OUT OF THEIR HOME. ABSOLUTELY. WE UNDERSTAND. WE I DON'T KNOW WHAT THOSE REQUIREMENTS ARE EITHER, COUNCIL MEMBER, BUT WE'LL CERTAINLY LOOK AT THAT AND MAKE SURE IF WE DO DAMAGE IT IN ANY WAY OR INFRINGE UPON IT THAT IS COMPENSABLE AND TAKE CARE OF THEM. ABSOLUTELY. THANK YOU. I ALSO LIKE TO MAKE COMMENTS TOO. I THINK WE HEARD FROM SOME OF THE FAMILIES WHO CAME TO SPEAK ABOUT THEIR PROPERTIES HERE. AND, YOU KNOW, SOMETHING THAT I HEARD WAS HOW MUCH THEY'VE GIVEN BACK TO THIS

[04:25:02]

SECOND MOTION MADE BY ME, SECONDED BY COUNCIL MEMBER HARRIS. ROLL CALL VOTE. ZENECA.

I HAVE TO SAY NO. JUST WISH OUR HISTORY AND AND OUR GROWTH WOULD COEXIST A BIT HERE.

THERE'S NO DISCUSSION. JUST A YES OR NO. YEAH. HARRIS. YES. HEIZER. YES. TOBIAS. YES, MA'AM.

[04:30:06]

[41) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary fee simple title to a parcel of land containing 0.209 acres and a temporary grading easement containing 0.028 acres (as described in Exhibits “A” and “A-1” to the Resolution) from certain real property owned by Alton E. Franke and Deanna K. Franke for the public use and purpose of construction of public roadway improvements for the Old Stagecoach Road North project. (ROLL CALL VOTE REQUESTED)]

DARN. WE ARE IMPROVING OLD STAGECOACH ROAD FROM SIX CREEKS BOULEVARD TO VETERANS DRIVE.

HERE IS WHAT THE PROJECT LIMITS LOOK LIKE. INFORMATION ABOUT THE SITE HERE. WE ALSO PERFORMED A SURVEY AND AN APPRAISAL. WE NEED FEE. SIMPLE RIGHT OF WAY OF 0.209 ACRES, AND A TEMPORARY GRADING EASEMENT OF 0.028 ACRES FOR ROADWAY RECONSTRUCTION. AND WE ASK THAT YOU APPROVE THE RESOLUTION. OH. IT'S QUESTIONS. OH, NO. YEAH. I JUST WANT TO START TALKING. TALKING ABOUT THE THE DIFFERENT PARAMETERS OF THIS PROJECT. THIS IS TEMPORARY EASEMENT ONLY THAT WE'RE ASKING FOR TODAY. OR IS THIS THE ENTIRE EMINENT DOMAIN? YES.

IT'S FOR A RIGHT OF WAY FEE. SIMPLE RIGHT OF WAY. AND ALSO FOR TEMPORARY EASEMENT WHILE WE'RE WORKING THERE. OKAY. SO ONE OF THE THINGS I WANT TO TALK ABOUT IN THIS PROJECT IS I WANT TO SEE WHAT WE'RE TAKING FROM EACH SIDE OF THE PROPERTY. IS THIS JUST ABOUT SMALL EASEMENT OR IS THIS THE ENTIRE WIDTH FOR THAT WE'RE LOOKING AT FOR THE ROAD PROJECT? THIS IS THIS IS EVERYTHING FOR THE ROAD PROJECT THAT THAT WE NEED. YES, SIR. SO WHAT MY QUESTION IS, WHEN THIS FIRST CAME TO US, WE TALKED ABOUT A 5050 SPLIT. I WANT TO MAKE SURE THAT THAT'S WHAT WE WERE TOLD AS A COUNCIL WAS A 5050 SPLIT FROM BOTH PROPERTIES. MISTER FRANKIE'S AND THE ONE ADJACENT TO HIM ACROSS THE STREET. ARE WE DOING THAT AS A CITY? WHAT ARE THE WHAT? WHAT ARE THE BOUNDARIES THAT WE WENT INTO THIS. I BELIEVE MR. TRIMBLE HAS THAT DATA, THE SQUARE FOOTAGE THAT WE CAN PROVIDE TO YOU AS FAR AS GETTING LATE, I'M RAMBLING A LITTLE BIT. I'M STARTING TO WEAR OUT. YES. SO? SO WE DID TAKE A CLOSER LOOK AT THAT AND LOOKED AT THE IMPACTS ON ON BOTH THE, I GUESS, THE, THE EAST SIDE AND THE WEST SIDE OF THE PROJECT AND SO ON THE PROPERTY ALSO ON THE GREG COUSINS AND KIND OF WHAT THAT, WHAT THAT TAKE, WHAT THAT SPACE IS. AND SO GIVEN THE BOUNDS OF THE PROPERTY AND TAKEN AN EQUAL BOUNDS ON THE GREG COUSINS PROPERTY, ON THE PROPERTY, WE'RE LOOKING AT A TOTAL OF 5541FT■!S. AND FOR THE GREG COUSINS, IT'S 5311FT■!S. 5050 SPLIT THEN. THAT'S CORRECT OKAY.

SOUNDS GOOD. AND THAT WAS ONE OF MY BIG QUESTIONS TO MAKE SURE THAT WE WERE DOING THAT.

WHAT ELSE ARE WE PUTTING ON THE GREG COUSINS PROPERTY BESIDES THE TAKING THE LAND? WHAT ELSE ARE WE EMPHASIZING IN THAT PROPERTY? SO AND I'LL LET AMBER ALSO CHIME IN IF SHE WANTS TO.

BUT WE'RE IN ADDITION TO WHAT WE'RE LOOKING AT FOR THE ROADWAY ITSELF, WE'RE ALSO LOOKING AT A DRAINAGE EASEMENT, A PRETTY SIZABLE DRAINAGE EASEMENT AS WELL, TO HANDLE A LOT OF THE DRAINAGE NEEDS RELATED TO THE PROJECT. AND SO, ALL IN ALL, WE'RE TALKING ABOUT A SUBSTANTIAL IMPACT ON THE GREG COUSINS PROPERTY COMPARED TO SOME OF THE OTHER PROPERTIES ON THE OTHER SIDE. YEAH. SO THE MAP ON THE DRAINAGE IS PRETTY INVASIVE. IT'S A BIG DRAINAGE OVER ON THE GREG COUSINS. SO IT HAS TAKEN A LOT. YOU KNOW, THERE WAS A COMMENT MADE EARLIER ABOUT THE GREG COUSINS BEING AMENABLE TO TAKING MORE TOWARDS THEIR PROPERTY. BUT I, I KNOW THAT'S FALSE BECAUSE WE ORIGINALLY HAD THE ALIGNMENT REDIRECTED AWAY FROM EVERYONE AND TO AFTER ALL THE MONEY THAT WE PUT INTO THAT, HAVING TO BRING IT BACK TO THE ORIGINAL ALIGNMENT IS ALREADY A A PRETTY HEAVY LIFT FOR THE CITY, AND I JUST DON'T THINK IT WAS EVER INTENDED FOR US TO BUILD THAT ROAD. I'M I REALLY WISH WE COULD HAVE GOTTEN THAT ALIGNMENT. THE GREAT COUSINS DIDN'T WANT TO SEE IT, OR THE CONTRACTOR OR DEVELOPER WAS PURCHASING THE LAND. DIDN'T WANT TO ALLOW US TO DO THAT. SO I KNOW THAT THAT WAS SOMETHING

[04:35:04]

SO THANK YOU FOR THE INFORMATION AND THE DRAINAGE FIELD AS WELL. HOPEFULLY THIS ANSWER SOME QUESTIONS FOR MR. FRANK, BUT JUST MAKING SURE THAT WE CAN DO EVERYTHING WE CAN TO MAKE THIS LESS IMPACTFUL AS IT IS. IT'S IT'S IT'S GOING TO BE A VERY IMPACTFUL ON THIS PROPERTY. AND I FEEL REALLY BAD FOR HIM. BUT LET'S DO ALL WE CAN TO TRY TO LESSEN THAT BLOW, PLEASE. WELL, JUST ANOTHER CONCERN THAT I KNOW IT'S GETTING LATE. I'LL JUST MAKE IT QUICK. CONCERNS BROUGHT UP TO ME WAS, YOU KNOW, WHEN WE WHEN WE WHEN WE DO THIS ROAD ALIGNMENT, WE'RE GOING TO REMOVE SOME OF THE UTILITIES, THE GAS, THE WATER, THE WASTEWATER. SO THEY'RE KIND OF LEFT WITH NOT NOT KNOWING WHERE THEY WILL RECONNECT SINCE THEY'RE NOT IN CITY LIMITS. SO WHILE WE MIGHT NOT HAVE THE EXACT DETAILS OF THAT NOW, WE WILL NOT LET THEIR SERVICE BE INTERRUPTED. SO WITH ANY ANY OF THE UTILITIES WATER, GAS, ELECTRIC, WE WILL ENSURE THAT THEY HAVE CONSTANT SERVICE CONNECTION. AND THEN WHATEVER WE DO, WE WILL RESTORE FULLY ON THE PROPERTY. ALL RIGHT. WITH THAT, I MOVE THAT THE CITY COUNCIL AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE 0.209 ACRES OF LAND IN FEE SIMPLE AND A TEMPORARY EASEMENT OVER 0.02 ACRES OF LAND FROM PROPERTY OWNED BY ALTON E FRANKIE AND DEANNA K FRANKIE, AS DESCRIBED IN AGENDA ITEM 41, FOR THE PUBLIC USE OF CONSTRUCTING PUBLIC ROADWAY IMPROVEMENTS FOR THE OLD STAGECOACH ROAD NORTH ROADWAY IMPROVEMENT PROJECT. DO I HAVE A SECOND? SECOND? ALL RIGHT. MOTION TO APPROVE. MADE BY ME.

SECONDED BY COUNCIL MEMBER MCKINNEY. ROLL CALL VOTE. HI, SIR. YES, MITCHELL. YES, MCKINNEY. YES. ZUNIGA. NAY. RIZZO. NAY. HARRIS. YES. TOBIAS. HI. ALL RIGHT. MOTION PASSES.

[42) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary fee simple title to a parcel of land containing 4.053 acres, a drainage easement over 7.808 acres, and a temporary easement containing 0.045 acres (as described in Exhibits “A,” “A-1,” and “A-2” to the resolution) from certain real property owned by Gregg Cousins, LLC for the public use and purpose of construction of public roadway and drainage improvements for the Old Stagecoach Road North Roadway Improvement Project. (ROLL CALL VOTE REQUESTED)]

[04:40:01]

[43) Consider approval of a construction contract with Walsh Construction Company, II, LLC, dba Archer Western for the WWTP Early Works Package in the amount of $57,136,100 plus a 5% contingency of $2,856,805 for a total contract amount not to exceed $59,992,905. ]

COUNCIL MEMBER HARRIS. SO WE I'M ALWAYS CONCERNED WHEN WE GET ONLY ONE BID ON SOMETHING.

WE'VE WORKED WITH ARCHER WESTERN A LOT, RIGHT. WE DO HAVE A NUMBER OF OTHER PROJECTS WITH THE CITY ONGOING RIGHT NOW. RIGHT. ARE WE PLEASED WITH THEIR PERFORMANCE TIME WISE AND BUDGET WISE? YES. SO THAT'S A GOOD QUESTION. WE HAD OUR ENGINEER CONTRACT RECORD, STEVE, AND WE ASKED THEM FOR THEIR OFFICIAL RECOMMENDATION AND AND THEIR THEIR WORDS WERE ALTHOUGH

[04:45:08]

ALL IN FAVOR SAY AYE. AYE. ALL OPPOSED? ALL RIGHT. MOTION PASSES, SEVEN ZERO. AND LASTLY,

[44) Consider approval of a Resolution of the City of Kyle approving a Resolution by the Board of Directors of the Alliance Regional Water Authority authorizing the issuance of contract revenue bonds in an aggregate principal amount not to exceed $9,435,000 for the City of Kyle, Texas in connection with the regional water supply contract project.]

SO, SINCE 2015, THE ROI HAS ISSUED ON THE CITY'S BEHALF A TOTAL OF $123,650,000 IN CONTRACT REVENUE BONDS. THIS DOES NOT INCLUDE THE 9.4 MILLION STAFF IS REQUESTING

[04:50:01]

COUNCIL MEMBER HARRIS GRAHAM, WOULD YOU COME UP. AND MIKE, YOU MIGHT WANT TO COME UP TO.

IT IS MY PLEASURE TO TALK ABOUT THE TWO MOST EXPENSIVE ITEMS ON THE AGENDA TONIGHT. WASTEWATER AND FRESH WATER. THIS THIS AMOUNT FOR ARWA WILL INCLUDE GOING INTO PHASE TWO INTO THE NEW WELL FIELD. IS THAT CORRECT OR IS IT JUST FINISHING OUT THE PHASE ONE. SO THIS AMOUNT INCLUDES ONLY THE EFFORT NEEDED TO MAKE IMPROVEMENTS TO TREAT FOR THE ADDITIONAL IRON THAT WE HAVE ENCOUNTERED AT THE TREATMENT PLANT LAST YEAR, THE COUNCIL AND THE OTHER SPONSORS APPROVED THE DEBT ISSUANCE THAT INCLUDED THE EXPANSION OF THE WELL FIELD, EXPANSION OF THE TREATMENT PLANT TO MAKE MORE WATER AVAILABLE. SO THAT WAS ALREADY APPROVED LAST YEAR.

THAT'S IN PROCESS OF BEING DESIGNED THIS THAT'S ALREADY BONDED. I'M SORRY. THAT'S ALREADY BONDED. YES, MA'AM. THOSE THOSE WERE ALREADY APPROVED AND BEEN ISSUED. SO THIS ONLY TAKES CARE OF THE REMOVES THE INTERIM CLARIFICATION, THE INTERIM UNITS THAT WE'VE BEEN USING TO TREAT THE WATER AND PUTS THE PERMANENT CLARIFICATION ON SITE TO RESTORE THE CAPACITY OF THE PLANT TO ITS ORIGINAL DESIGN INTENT. THE. HAVE WE TESTED THE WATERS IN PHASE TWO FOR IRON AS WELL FOR. SO WE CALL PHASE TWO A LITTLE BIT DIFFERENT OKAY.

PHASE 1C1D IS THE EXPANSION. WE WE DO NOT HAVE TEST WELLS ON THOSE EXACT LOCATIONS, BUT THEY ARE IN THE VICINITY OF OUR CURRENT WELLS BETWEEN OURS AND GRAY WELLS. SO WE HAVE A GOOD UNDERSTANDING OF WHAT WE EXPECT FROM THE IRON LEVELS. AND WE HAVE CONSERVATIVELY SET THE ANTICIPATED IRON LEVELS THAT WILL COME INTO THE PLANT BASED ON THAT, AND HAVE ERRED ON THE HIGH SIDE TO ENSURE THAT WE DON'T RUN INTO THE SAME CHALLENGE AGAIN. OKAY. AND THE TYPE OF UNITS THAT WE ARE PUTTING IN, COULD YOU DESCRIBE THOSE FOR US, PLEASE? YES. SO I'LL SHOW YOU SOMEWHAT DIFFERENT THAN THE RENTAL UNITS. THAT'S RIGHT. THERE ON YOUR SCREEN IS A PICTURE OF THE RENTAL UNIT. THESE ARE CALLED BALLASTED FLOCCULATION UNITS.

WE HAVE 15 OF THEM OUT THERE TO DEAL WITH IT WHICH YOU CAN IMAGINE THEY ARE VERY MAINTENANCE INTENSIVE AND TAKE A LOT OF WORK AND ARE EXPENSIVE ON A MONTHLY BASIS. ON THE PERMANENT BASIS, WE'RE GOING TO PUT IN PLATE SETTLERS, WHICH WE CURRENTLY HAVE A PILOT STUDY OUT ON THE SITE RIGHT NOW, ACTIVELY WORKING TO TEST AND MAKE SURE THAT THAT PILOT WILL WORK APPROPRIATELY IN THE PILOT. SETTLERS WILL WORK. IT'S A PROVEN TECHNOLOGY FOR CLARIFICATION IN SITUATIONS SIMILAR TO THIS. AND SO THERE'LL BE A CONCRETE STRUCTURES IN-GROUND WITH MECHANICAL PLATES AND THEN A VACUUM COLLECTION SYSTEM ON THE BOTTOM. SO IT'S A IT'S A VERY STANDARD TYPE OF A SYSTEM IN BOTH WATER AND WASTEWATER

[04:55:05]

AND THEN BY OUR CONTRACT, THE CITY HAS AN OBLIGATION TO PAY US BACK. AND WE IN TURN MAKE THE BOND PAYMENTS EVERY YEAR. THANK YOU. YES, WATER IS EXPENSIVE. AS THE NOISES PEOPLE TOLD US. SO HAVING MULTIPLE SOURCES AND BEING ON TOP OF THE ISSUES IS ABSOLUTELY PRIMARY FOR US. AND IT'S COSTLY. THERE IS NO DOUBT ABOUT IT. YES, MA'AM. THANK YOU. MIKE, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD TO THAT? I WAS LOOKING AT MIKE AND HE WAS LOOKING AT ROBERT, SO THAT WAS NOT WHAT I NEEDED. MAYOR PRO TEM, YES, I HAD A COMMENT. GO AHEAD. OKAY. YOU INTERRUPT IT. SORRY. I JUST WANTED TO REITERATE SOMETHING. YOU SAID YOU HAD A GUESSTIMATE ON THE EXPANSION ON THE IRON LEVELS. I DEFINITELY WOULD FEEL BETTER IF WE HAD SOMETHING BETTER IN THE ESTIMATE BETWEEN THE TWO AREAS. I WANT TO MAKE SURE THAT WE'RE DRILLING AND WE'RE TESTING TO WHAT WE'RE GOING TO GET. I LOOK, HONESTLY, THE IRON THING HAS BEEN SOMETHING THAT'S KEPT ME UP AT NIGHT KNOWING THE COSTS THAT WE'RE ADDING TO THE SYSTEM, MAKING SURE THAT WE'RE DOING OUR DUE DILIGENCE AND GETTING THIS THE NEXT PHASE RIGHT IS GOING TO BE IMPORTANT TO ME. SO IF WE COULD, EVEN IF IT'S A COST, IT'D BE LESS OF A COST THAN WHAT IT WOULD BE LATER TO HAVE TO GO DOWN THIS ROUTE. IF THAT'S IF YOU UNDERSTAND WHAT I'M SAYING. YES, SIR, I DO. WE WE WILL CERTAINLY TEST AS EARLY AS WE CAN. AND ONCE WE DRILL THOSE WELL LOCATIONS AGAIN, I THINK BASED ON THE HISTORY WE NOW HAVE ON OUR WELLS, AS WELL AS THE GBRA WELLS, WHICH SIT DOWN DEEP FOR FURTHER DOWNSTREAM OF US IN THAT AQUIFER, WE HAVE A MUCH BETTER UNDERSTANDING OF WHAT THAT WHAT THE IRON LEVELS CAN BE IN THAT AREA. AND AGAIN, WE'VE SAT MUCH MORE ON THE CONSERVATIVE SIDE AND THOSE VALUES. YEAH. BECAUSE WE'RE YOU KNOW, WE'RE REELING FROM OUR WATER HEIGHTS PUTTING THE SYSTEM ON. WE'RE THE BILL IS FINALLY DUE ON ALL THIS. RIGHT. AND WE'RE PAYING THAT. BUT I WANT TO MAKE SURE WE'RE NOT PUTTING A HEAVIER BURDEN OR HEAVIER LIFT ON OUR RESIDENTS, BECAUSE WE'VE ALREADY HAD A RATE INCREASE IN WATER FOR OUR CITY AND OUR OUT OF CITY RESIDENTS, MAKING SURE WE'RE NOT DOING ANYTHING THAT LATER ON IS GOING TO BE A GOTCHA MOMENT FOR THEM AS WELL. SO DOING OUR DUE DILIGENCE TO MAKE SURE WE ARE FOLLOWING ALL WE CAN TO KEEP THE COSTS AS LOW AS POSSIBLE. YES, SIR. JUST TO REMIND THE COUNCIL, DOCTOR HARRIS, MYSELF, MR. MURPHY, WE ALL SIT ON THE BOARD AND WORK WITH GRAHAM, THE OTHER BOARD MEMBERS, AND THIS IS A VERY IMPORTANT ISSUE FOR US AS BOARD MEMBERS. I KNOW FOR GRAHAM AS THE EXECUTIVE DIRECTOR AND FOR THE REST OF THE BOARD, WE CERTAINLY TAKE IT VERY SERIOUSLY AND ARE TAKING LOTS OF STEPS TO MAKE SURE THAT WE PLAN THIS PROPERLY, AND I BELIEVE WE HAVE DONE THAT. SO WE'RE EXCITED TO GET MOVING WITH THIS PHASE OF THE PROJECT. I APPRECIATE GRAHAM, THANK YOU VERY MUCH. AND THERE HAVE BEEN SOME ISSUES WITH TIMELINESS ON THE COMPLETION OF PROJECTS. WE NOW HAVE CONSTRUCTION MANAGER AT RISK THAT WILL MANAGE THAT TIMELINESS FOR US AND OTHER RISKS. SO I THINK THAT IS A BIG STEP AND SOME INCENTIVES TO ASSURE THE COMPLETION OF THE PROJECTS, EITHER ON TIME OR AHEAD OF TIME, RIGHT? YEAH, WE DO HAVE SOME EARLY COMPLETION BONUSES THAT THE CONTRACTOR CAN MEET BY GETTING RID OF THE TEMPORARY UNITS EARLIER AND COMPLETION OF THE REMAINING BALANCE OF THE CONSTRUCTION EARLIER. SO THEY THEY ARE VERY INTRIGUED BY THE EARLY COMPLETION BONUS OPTIONS THAT WE'VE OFFERED TO THEM. AND THERE ARE SOME PENALTIES IF THEY GO. WE ALSO HAVE SIGNIFICANT LIQUIDATED DAMAGES IF THEY MISS THEIR SCHEDULES AS WELL. SO I THINK THAT WILL HELP DRAMATICALLY. ALONG WITH THE CONSTRUCTION MANAGER AT RISK, WHO'S WHO'S THE OWNER REP ON THAT? WHAT FIRM? THE OWNER. WE DON'T HAVE A DIRECT OWNER'S REPRESENTATIVE. THE DESIGN ENGINEER IS KIMLEY-HORN ENGINEERS WITH STEVE AS A MAJOR SUB AND SUB CONSULTANT. AND THEN WE HIRED RECENTLY CONTRACTED WITH THE HASKELL GROUP AS THE CONSTRUCTION MANAGER AT RISK ON THE PROJECT.

HASKELL. SO THE OWNER HASKELL. YEAH, THEY'RE THE SEYMOUR. OKAY. COOL. THANK YOU. APPRECIATE IT SIR. THANK YOU. MAYOR MITCHELL. YEAH, JUST JUST WANT TO SAY ON THIS, YOU KNOW, MAYBE THE LAST THING I SAY, BUT LIKE GRAHAM, I JUST I APPRECIATE YOUR WORK ON THIS PROJECT. AND I KNOW THE LAST TIME YOU WERE HERE WAS A TENSE DISCUSSION AS WE WERE TRYING TO GET WATER DELIVERED TO THE CITY. BUT I APPRECIATE ALL YOUR EFFORTS. AND ALSO TO COUNCILMEMBER HARRIS AND THE OTHER BOARD MEMBERS, THANK YOU FOR YOUR DILIGENCE TO TRY TO WORK TO RESOLVE THESE ISSUES. I KNOW HOW CHALLENGING IT CAN ALL BE AND AND HOW MANY DIFFERENT PLAYERS THERE ARE THAT ARE

[05:00:05]

JUST BEFORE WE ADJOURN, I WOULD JUST LIKE TO SAY TO MY COLLEAGUES UP HERE, IF THIS IS IF THIS IS THE LAST TIME I'M UP HERE, IT WAS AN HONOR TO SERVE WITH YOU GUYS AND STAFF. YOU GUYS ARE AWESOME. LIKE, THANK YOU SO MUCH. YOU GUYS ARE THE BEST. SO THANK YOU. MOTION TO ADJOUR

* This transcript was compiled from uncorrected Closed Captioning.