Dec 16, 2025 City Council Regular Meeting

[20) Consider approval of a resolution authorizing an interlocal agreement between the City of Kyle, Hays County, and City of Buda for participation in the City of Kyle animal care facilities and operations.]

NOPE. NO OBJECTION AT ALL. DO YOU MIND? OKAY. ALL RIGHT. I'D LIKE TO GO AHEAD AND BRING UP AGENDA ITEM NUMBER 20 AND ALSO 21. IT'LL BE THE CONSENT APPROVAL OF A RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT BETWEEN THE CITY OF KYLE, HAYS COUNTY, CITY OF BUDA FOR PARTICIPATION IN THE CITY OF ANIMAL CARE FACILITIES AND OPERATIONS. THIS WOULD BE OUR ASSISTANT CITY MANAGER, JESSIE ESPOSITO. GOOD EVENING, CITY COUNCIL. I'M EXCITED TO BE HERE TONIGHT TO PRESENT TO YOU GUYS THE RESOLUTION AUTHORIZING INTERLOCAL AGREEMENT BETWEEN THE CITY OF KYLE, HAYS COUNTY AND THE CITY OF BUDA FOR PARTICIPATION IN ANIMAL, ANIMAL CARE FACILITY AND OPERATIONS. BEFORE WE GET STARTED, I JUST WANT TO SAY A COUPLE OF THANK YOUS. THIS THIS INTERLOCAL AGREEMENT REPRESENTS A TREMENDOUS AMOUNT OF TIME AND EFFORT AND ENERGY THAT HAS GONE IN NOT ONLY FROM THIS AND MEETINGS THAT HAVE GONE IN, NOT ONLY FROM THIS COUNCIL AND INTERNAL STAFF WITH THE CITY OF KYLE, BUT ALSO OUR COLLEAGUES AT THE AT THE COUNTY, THE COUNTY COMMISSIONERS COURT, AS WELL AS THE COUNTY STAFF, WHO HAS BEEN TREMENDOUS IN WORKING WITH US AND AS WELL AS OUR COLLEAGUES AT THE CITY OF BUDA, THE CITY COUNCIL, MAYOR AND CITY COUNCIL, BUDA, AND THE STAFF AT BUDA. SO I JUST WANT TO THANK ALL OF THOSE PARTICIPATING PARTIES AND PARTNERS IN GETTING ALL OF THIS TOGETHER. SO WE'LL JUMP RIGHT IN. I DON'T THINK IT'S ANY SURPRISE TO ANYONE JUST IN CASE, CERTAINLY NOT TO THIS COUNCIL, BUT IN CASE ANYONE'S WATCHING THAT DOESN'T KNOW, SAN MARCOS REGIONAL ANIMAL SHELTER IS RELEASING ITS INTERLOCAL PARTNERS IN 2026 FOR SAN MARCOS.

EVERY PRESENTATION STARTS WITH THAT. AND THEN WE HAD IN JANUARY THE CITY OF KYLE, BECAUSE WE WERE RESPONDING TO THAT INFORMATION. WE DID A FULL FEASIBILITY STUDY. THAT FEASIBILITY STUDY FINISHED IN AUGUST, AND THEN IN AUGUST, THE CITY OF KYLE AND HAYS COUNTY UNANIMOUSLY APPROVED A MEMORANDUM OF UNDERSTANDING TO START TO DO SOME HIGH LEVEL EVALUATION OF THIS ILA THAT'S COMING TO YOU TONIGHT. IN OCTOBER, BUDA SIGNED THAT SAME MEMORANDUM OF UNDERSTANDING AS WELL, ARE THE CITY'S PROJECTED OUTLOOK FOR THIS IS FULL DESIGN TO BE COMPLETED IN 25 AND 26, SO THAT BY THE END OF THE FISCAL YEAR 26, AND THEN TO START CONSTRUCTION IN 2627 AND HAVE FULL CONSTRUCTION AND COMPLETE DESIGN BY THE END OF 27, POSSIBLY EARLY 28. HERE'S A LITTLE PREVIEW CONCEPT THAT CAME FROM THE FEASIBILITY STUDY CONCEPT OF THE BUILDING AS WELL. JUST SOME PRETTY PICTURES BEFORE WE JUMP IN. SO AFTER ALL OF THOSE MOUS WENT THROUGH THE THE DIFFERENT ENTITIES STARTED WORKING TOGETHER TO START FORMULATING THIS MUCH MORE SPECIFIC, TAKING THOSE HIGH LEVEL MOU POINTS AND PUTTING THEM INTO LEGAL LANGUAGE AND SPECIFIC INTERLOCAL AGREEMENT. THAT IS BEFORE YOU TONIGHT, THE INTERLOCAL AGREEMENT WITH THE CITY OF KYLE WILL RETAIN THE CITY OF KYLE UNDER THIS INTERLOCAL AGREEMENT, WILL RETAIN FULL OWNERSHIP AND OPERATIONAL CONTROL OF THE FACILITY, INCLUDING STAFFING, POLICY AND BUDGET MANAGEMENT. WE'LL GET INTO A BREAKDOWN ON THE NEXT SLIDE. BUT AT A HIGH LEVEL, YOU CAN SEE THE LOCATION THERE OFF DACEY AND BEEBE. I WON'T GO THROUGH THESE EXACT PERCENTAGES, BUT YOU CAN READ THEM. THEY'RE SLIGHTLY DIFFERENT BASED ON THE CAPITAL AND OPERATIONS BUT VERY SIMILAR. AND THEN IN THE ILA THERE'S AN OUTLINE FOR INTAKE BASED COST REEVALUATION EVALUATION, WHICH MEANS ONCE THE ANIMAL CARE FACILITY GETS UP AND RUNNING, WE'LL START EVALUATING BASED ON ALL THE DATA THAT'S COMING IN OF WHAT THE INTAKES ARE. AND THEN EVERY YEAR, EVALUATE WHAT THOSE OPERATIONAL COST BREAKDOWNS WILL BE FOR EACH ENTITY AS WE SHOULD. RIGHT. WE WILL ALSO BE STANDING UP THIS YEAR. IT WILL COME BEFORE THIS CITY COUNCIL FOR APPROVAL AND ANIMAL CARE ADVISORY BOARD. SO ALL THE SPECIFICS OF THAT BOARD, ALL THE SEATS ON IT WILL COME BEFORE THIS, THIS CITY COUNCIL FOR APPROVAL. THAT BOARD WILL GIVE RECOMMENDATIONS TO ON OPERATIONS AND POLICIES, PARTNERSHIPS, MANY DIFFERENT THINGS THAT WILL COME TO THE CITY COUNCIL FOR APPROVAL. SO THIS WILL OPERATE MUCH LIKE ONE OF OUR AS ONE OF OUR BOARDS AND COMMISSIONS. SO JUST LIKE OUR

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PARKS BOARD GIVES RECOMMENDATIONS TO COUNCIL, LIBRARY BOARD GIVES RECOMMENDATIONS. WE WILL STAFF THAT WITH EXPERTS BELIEVE WE'LL HAVE A VETERINARY VETERINARIAN ON THAT. AS WELL AS REPRESENTATIVES FROM HAYS COUNTY AND BUDA AND PARTNERS FROM THAT ARE INVOLVED IN THE ANIMAL SERVICES AROUND THE REGION SO THAT THEY CAN GIVE LOOK AT MANY THINGS THAT COME BEFORE THAT BOARD AND GIVE RECOMMENDATIONS, WHICH WILL ULTIMATELY COME TO CITY COUNCIL FOR APPROVAL. WE WILL BE STANDING THAT UP IN FISCAL YEAR 26, ALONG WITH MANY OTHER THINGS. ON BUILDING THE FOUNDATION OF OF RUNNING THIS ANIMAL CARE FACILITY. OVERALL, WE WE'VE AND WE'VE DISCUSSED THIS BEFORE. OVERALL, WE BELIEVE THIS PARTNERSHIP TRULY ENABLES ALL THE ENTITIES TO DELIVER A TOP TIER FACILITY AND OPERATION THAT COULD NOT BE ACHIEVED INDEPENDENTLY FROM ANY OF US. AND WHILE WE SHARE COSTS AND WE WILL GREATLY IMPROVE THE REGIONAL ANIMAL CARE SERVICES IN THE REGION. SO A LITTLE BIT OF A BREAKDOWN AND WE CAN JUMP INTO THIS WHEN I'M FINISHED DURING QUESTION AND ANSWER. BUT I JUST WANTED TO OUTLINE THE SERVICE AREA THAT IS OUTLINED IN THE ILA. SO THIS RED AREA WILL BE THE SERVICE AREA THAT THIS CITY KYLE FACILITY IS SERVICING. NOW, I WANT TO WANT TO BE VERY CLEAR BECAUSE THE THE TERM REGIONAL FACILITY IS, IS THROWN AROUND QUITE A BIT.

THIS WILL NOT BE A FACILITY THAT SERVICES THE ENTIRE HAYS COUNTY REGION. IT WILL BE SERVICING THIS SPECIFIC SERVICE AREA. HOWEVER, THIS SERVICE AREA, BASED ON OUR EVALUATION AND THE COUNTY AND BUTTE, HIS EVALUATION IS ABOUT 70 TO 80% OF THE INTAKE FOR THE ENTIRE HAYS COUNTY REGION. SO IT'S QUITE A LARGE AMOUNT OF INTAKE FROM THE COUNTY. SO IT COVERS QUITE A BIT WHAT THE CITY OF KYLE IS RESPONSIBLE FOR. AND I'LL GO THROUGH THESE RATHER QUICKLY. BUT THE FACILITY OWNERSHIP, THE FULL FACILITY WILL BE OWNED AND OPERATED, DESIGNED, CONSTRUCTED AND MAINTAINED BY THE CITY OF KYLE ANIMAL SHELTERING SERVICES.

SOME EXAMPLES OF FULL SERVICES WOULD BE INTAKE, SHELTERING, ADOPTION, VETERINARY SERVICES, QUARANTINE, HOLD SERVICES, ETC. MANY DIFFERENT THINGS THAT WE'LL TAKE CARE OF FOR THIS SERVICE AREA. OBVIOUSLY, SINCE WE OWN OPERATE THE BUILDING, WE WILL HAVE STAFFING AND COMPLIANCE, BUDGETING AND COST ALLOCATIONS, GOVERNANCE OVERSIGHT. SO AGAIN, ALL OF THOSE POLICIES THAT ARE DEVELOPED AND BROUGHT FORWARD THROUGH THAT ANIMAL, THROUGH THE RECOMMENDATION OF THAT ANIMAL FACILITY, WILL COME TO COUNCIL FOR APPROVAL AND ASSISTING IN ANIMAL CONTROL. AND THE REASON I SAY ASSISTING IS WE WILL BE TAKING CARE OF THIS SERVICE AREA FROM OUR ANIMAL CONTROL SUPPORT. HOWEVER, WE DO NOT HAVE CRIMINAL ENFORCEMENT JURISDICTION IN AREAS OUTSIDE OF THE CITY OF KYLE. SO WHEN IT COMES TO ANYTHING THAT IS RELATED TO CRIMINAL ENFORCEMENT. SO IF WE'RE SO IF WE'RE OUTSIDE OF THE CITY OF KYLE AND WE'RE ASSESSING FINES OR WE HAVE SOME SORT OF LEGAL SEIZURE, WE WILL TURN THOSE THINGS OVER TO WHICHEVER JURISDICTION IT FALLS INTO FOR THEM TO TO CARRY OUT THOSE LEGAL ENFORCEMENTS. OBVIOUSLY, WE'RE NOT RESPONSIBLE FOR THE FULL FUNDING OF THE FACILITY. YOU SAW THAT ON THE LAST SLIDE. THAT'S A BREAKDOWN IN A SHARED COST. WE'RE NOT WE ARE NOT RESPONSIBLE FOR FINANCIAL RISK FOR FOR PARTNER NONPAYMENT. SO THERE IS AN ELEMENT IN THE ILA THAT OUTLINES IF ANY OF OUR PARTNERS DO NOT PAY WHAT IS OUTLINED IN THE AGREEMENT, THEN WE ARE NOT RESPONSIBLE FOR REPAYMENT OR CONTINUING THOSE SERVICES. AND LIKEWISE, IF THE CITY OF KYLE DOES NOT PAY WHAT WE HAVE SAID, WE WILL PAY AND DO NOT KEEP OPERATIONS THE WAY WE HAVE OUTLINED IN THE ILA. THEY ARE NOT RESPONSIBLE. AND SO THERE'S THERE'S WE WILL PAY BACK BASED ON THE ILA. SO THERE ARE CLAWBACKS AND SAFEGUARDS AS THERE SHOULD BE IN A PARTNERSHIP LIKE THIS FOR ALL ENTITIES INVOLVED, INDIVIDUAL PARTNER GOVERNANCE. SO THERE WILL BE ELEMENTS OF SPECIFICALLY THOSE LAW ENFORCEMENT ELEMENTS OF EACH JURISDICTION THAT THEY WILL TAKE CARE OF THEMSELVES. SINCE EACH ONE IS COVERED BY EACH JURISDICTION AND PRIVATE, WE ARE NOT RESPONSIBLE FOR PRIVATE OR JOINT OWNERSHIP OF THE FACILITY. SO THE CITY OF KYLE OWNS THE FACILITY IN THE ILA. I BELIEVE IT OUTLINES THAT WE WILL NOT SHARE IT WITH ANY PRIVATE ENTITIES, BUT THAT THAT FACILITY WILL BE FULLY OWNED, OPERATED, CONTROLLED AND STAFFED BY THE CITY OF KYLE. SO OUR TIMELINE, OUR ESTIMATED TIMELINE, WE'VE ALREADY KNOCKED OUT QUITE A FEW OF THESE, AND YOU ALL HAVE SEEN THEM AS WE'VE DONE THESE PRESENTATIONS OVER TIME. BUT THE MOAS HAVE BEEN DRAFTED AND SIGNED. WE HAVE OUR INTERLOCAL AGREEMENT TONIGHT, AND I BELIEVE THE COMMISSIONERS COURT IS IS HEARING IT IN JANUARY, AS WELL AS THE CITY OF BUDA. WE WE HAVE A DESIGN CONTRACT AS THE NEXT ITEM ON THIS ON THIS AGENDA WITH JACKSON AND RYAN, AND WE EXPECT COMPLETE AND FULL DESIGN BY THE END OF 26 OR SOME SOME TIME AROUND THERE, HAVING ALL THE CONSTRUCTION DOCUMENTS READY TO BREAK GROUND AND START BUILDING IN 26 AND 27. SO YOUR OPTIONS TONIGHT ARE APPROVAL OF THE RESOLUTION AS APPROVAL OF THE RESOLUTION WITH WITH MODIFICATIONS. I'LL TAKE ANY QUESTIONS YOU HAVE OKAY. WE'RE GOING TO HAVE SOME QUESTIONS. IF WE HAVE ANYTHING ON STARTING ON THIS SIDE. COUNCIL MEMBERS ABOUT THEM. SO IF WE WERE TO VOTE TO TABLE THIS ITEM TODAY OUT OF RESPECT FOR OUR INCOMING COUNCIL AND

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MAYOR ELECT, IS THE COUNTY NEGATIVELY IMPACTED BY THIS OR WHAT? WHAT SORTS OF THINGS ARE WE AT RISK OF LOSING? PERHAPS. AND I GUESS IT'S MY QUESTION. I'LL GIVE MY RESPONSE. AND THEN IF THE CITY ATTORNEY HAS ANYTHING SHE'D LIKE TO ADD, THAT'S I WOULD I WOULD YIELD TO THE FLOOR TO HER. BUT I DON'T THINK WE'RE AT RISK OF LOSING ANYTHING. THIS THIS SAME AGREEMENT WILL COME BACK PROBABLY AT THE NEXT COUNCIL MEETING IF WE WERE TO TABLE IT.

I WOULD JUST SAY THAT THE THE COUNTY HAD INDICATED TO US THAT THEY WANTED TO TRY TO HAVE THIS APPROVED BY THE END OF DECEMBER. I THINK TODAY THEY'VE HAD SOME ADDITIONAL CONVERSATIONS TO SAY THAT THEY'D BE WILLING TO EXTEND THAT TO JANUARY THE 6TH. WE CERTAINLY COULD DO THAT, I THINK 2 OR 3 WEEK PERIOD, IF THAT'S WHAT THE COUNCIL WANTED TO DO. THAT CERTAINLY DOESN'T JEOPARDIZE THE PROJECT IN OUR MINDS. IF THE INTENT IS TO TO RENEGOTIATE OR SPEND THREE, 4 OR 5, SIX MONTHS LOOKING AT A DIFFERENT TYPE OF AGREEMENT, THAT OBVIOUSLY WOULD HAVE A MUCH DIFFERENT TYPE OF, OF IMPACT. BUT 2 TO 3 WEEKS, I THINK THAT'S THERE'S NO LOGISTICAL ISSUE THAT I'M AWARE OF THAT WOULD PREVENT THAT FROM HAPPENING. OKAY. AND THIS IS SOMETHING THAT I MIGHT ASK JUDGE BECERRA, IS THERE ANY WAY IN WHICH THIS ILA IS NOT HEARD ON ON JANUARY 6TH AT COMMISSIONERS COURT, I RUN ONE OF THESE THINGS. I GO TO THE MIKE. WE ENTIRELY THE THE FULL COURT AS YOU SAW IN THE PRESENTATION. WELL DONE. WE UNANIMOUSLY SUPPORTED THE MOU. WE ARE UNANIMOUSLY BEHIND THIS IDEA OF WORKING TOGETHER. WE REALLY WE TEASED OUT ALL THE DETAILS ABOUT THE FOOTPRINT, THE COVERAGE, AND HE'S HIT HIM.

ALL RIGHT. ALMOST 80% OF THE THE REAL COUNTYWIDE NEED IS COVERED IN THIS MOMENT. ALL THAT IS ACCURATE. SO I DON'T SEE BUT I SPEAK FOR ONE IN THIS MOMENT. RIGHT. I DON'T SEE THIS COURT BY COMMISSIONERS COURT HAVING ANY PROBLEM MOVING THROUGH WITH AS PRESENTED, MOVING THROUGH WITH IT AS PRESENTED. MY CAUSE FOR PAUSE WAS BECAUSE I WAS ASKED TO, AND I WILL ALWAYS SPEAK IN THAT SPACE. I WAS ASKED TO PAUSE, AND I WAS GRATEFUL THAT THE COURT MEMBERS SUPPORTED MY ASK. AND SO WE'RE HEARING IT'S NOT ABOUT AN ETCH A SKETCH. IT'S NOT ABOUT A REDO IT. THERE ARE SOME THINGS THAT WE STILL WANT TO IRON OUT. DON'T GET THAT WRONG. IT'S NOT READY TO SIGN. AND AND WE'RE 100% FINISHED. I, FOR EXAMPLE, WANT TO REITERATE THE POSITIVE LIVE OUTCOMES. AM I SAYING IT RIGHT. SO SO THERE ARE SOME FINE TUNINGS THAT WE NEED TO DO TO THE OVERALL AGREEMENT. BUT THERE'S NO REASON WHY HOLISTICALLY WE WOULDN'T APPROVE THIS WHEN PRESENTED. OKAY. ALL RIGHT. THANK YOU SO MUCH. THANK YOU.

ANYBODY HAVE ANYTHING SIDE? DOCTOR HARRIS I'D LIKE TO COMMENT. WE'VE BEEN WORKING ON THIS. ALL OF THE RECOMMENDATIONS, ALL OF THE PLANS FOR A LONG TIME. THE INTERLOCAL AGREEMENT HAS BEEN WRITTEN WITH ALL OF THE ENTITIES TOGETHER. I JUST DON'T SEE A REASON TO DELAY IT AT ALL. I'D LOVE TO GO AHEAD AND GET IT DONE, GET THE ILAS TAKEN CARE OF WITH. AS SOON AS YOU KNOW, I'D LIKE OURS TO GO AHEAD AND PROCESS. WE DON'T HAVE TO WAIT ON ANY OTHER ENTITY TO DO THAT. WE'RE THE LEADERS IN THIS. WE SHOULD LEAD. OKAY. ANYBODY ELSE? COUNCILMEMBER MCKINNEY, I FEEL LIKE THIS BODY IS KNOWLEDGEABLE ENOUGH, CAPABLE ENOUGH, AND COMPETENT ENOUGH TO MAKE THE DECISION WITHOUT HAVING TO WAIT. WAITING FOR THE SAKE OF WAITING IS NOT DOING. OUR PEOPLE WHO ELECTED US THE SERVICE THAT THEY ELECT US TO DO. OKAY.

ANYBODY ELSE? COUNCILMEMBER MEDINA, CAN YOU SPEAK TO SOME OF THE COMMENTS THAT WERE MADE DURING CITIZEN COMMENTS ABOUT THE ADDITIONAL MILLIONS OF DOLLARS OF COST? LOOKING FORWARD AND COUNTY HAVING BUILDINGS AT THE FACILITY WHERE THAT INFORMATION MAY COME FROM? AND YES, SO THE COUNTY HAVING BUILDING OF THE FACILITY, I BELIEVE, IS IN RELATION TO THE THE MEMORANDUM, MEMORANDUM OF UNDERSTANDING THAT WE SIGNED THAT WAS PART OF A LARGER ON THE SAME SITE THAT WAS PART OF A LARGER PROJECT. IT HAS A COUNTY BUILDING ON THE ON THE PLAT NEXT TO IT, AS WELL AS A PARK FOR CAL VISTA. THAT MAY HAVE BEEN THE CONVERSATION I WASN'T. I'M NOT 100% SURE AS FAR AS FROM THE CITY SIDE, AS FAR AS AND OTHER ENTITIES FROM WHAT WE CAN SEE AS FAR AS THE COST INCREASING, WE WE THE CITY ITSELF HAD BUDGETED A CERTAIN AMOUNT. I BELIEVE IT WAS $10 MILLION FOR THE INITIAL DESIGN AND THEN CONSTRUCTION OF THIS

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BUILDING. WE, THE CITY, AS WELL AS WHAT WE CAN ESTIMATE WITH THE COUNTY AND BUTO, WILL BE SAVING A TREMENDOUS AMOUNT OF MONEY, MUCH LESS THAN THAT. IT COULD BE AS MUCH AS HALF OF THAT $10 MILLION. SO RATHER THAN BALLOONING, THE CITY SEES IT AS A COST SAVING AND GETTING A MUCH HIGHER PRODUCT OUT OF A PARTNERSHIP WITH WITH ALL THREE ENTITIES. AND IN REGARDS TO THE ILA, AS WE'RE LOOKING AT IT THIS EVENING, THIS IS JUST DISCUSSING LOCKING IN THE AGREEMENT BETWEEN US AND HAYS COUNTY, AND NOT ANYTHING TO DO WITH THE EXTRA BUILDINGS, PARKS AND COSTS OF THOSE ITEMS. THANK YOU, COUNCILMEMBER MEDINA. THAT'S THAT IS EXACTLY CORRECT.

THIS ILA HAS I FAILED TO MENTION THAT THIS ILA HAS ONLY TO DO WITH THE PARTNERSHIP FOR THE ANIMAL CARE FACILITY, THE LEASE AGREEMENT THAT'S THAT'S OUTLINED IN THE MEMORANDUM OF UNDERSTANDING WILL COME BACK TO THIS COUNCIL AS A TOTALLY SEPARATE AGREEMENT, NOT PART OF WHAT YOU'RE APPROVING TONIGHT. THANK YOU FOR BRINGING THAT UP. THANK YOU. OKAY, I'D LIKE TO ADD GOING BACK TO THE AGREEMENT BREAKDOWN. AND LIKE I SAID, WHEN WE HAD OUR CONVERSATION YESTERDAY ABOUT THE PERCENTAGES, IT SAYS UNDER THIS PERCENTAGE, YOU KNOW, BECAUSE AGAIN, WE'RE NOT TRYING TO SAY WE'RE GOING TO REWORK THIS, BUT IT SAYS HERE THAT HAYS COUNTY CAPITAL BREAKDOWN WOULD HAVE 64% OF THE OF THE BREAKDOWN ON IT. KYLE WOULD HAVE 32 AND BUDA WOULD HAVE 2.8. WHAT KIND OF BALLPARK FIGURE DO YOU THINK THAT THE CITY OF KYLE WOULD HAVE TO COME UP WITH AS FAR AS, AS THE GROUND ITSELF, BECAUSE IT HAS TO DO WITH THE CONCEPT DESIGN.

CORRECT. BUT THAT'S CORRECT. AND I HAVE THE BREAKDOWN IN THE DESIGN PRESENTATION COMING UP NEXT. BUT I CAN I CAN TELL YOU RIGHT NOW AS FAR AS DESIGN SERVICES, THE CITY WILL BE PAYING AROUND $542,000 FOR DESIGN SERVICES. CITY OF BUDA WILL BE PAYING AROUND 46,500, AND THE HAYS COUNTY WILL BE PAYING A LITTLE OVER $1 MILLION FOR THE DESIGN SERVICES. THAT'S JUST FOR DESIGN. ONCE WE GET INTO CONSTRUCTION, YOU KNOW, WE HAVE WE HAVEN'T DESIGNED THE BUILDING. WE DON'T WE DON'T EVEN HAVE A DESIGN CONTRACT FOR IT YET. SO IT'S JUST BALLPARK ESTIMATE NUMBERS. BUT THE BUILDING COULD BE ANYWHERE FROM 18 TO $25 MILLION, AND THAT COULD BE A COST. ALL OF THE ENTITIES. BUT FOR THE CITY OF KYLE, THAT COULD BE A COST SAVINGS OF ANYWHERE FROM 12 TO $16 MILLION ON THE BUILDING ITSELF. SO IT'S TREMENDOUS COST SAVINGS. AND THEN OPERATIONS GOING FORWARD COULD BE SIGNIFICANT AS WELL. 1 TO $2 MILLION A YEAR, POSSIBLY 2 TO $3 MILLION A YEAR. YEAH. OKAY. AND TO GO OFF OF COUNCILMEMBER, DO YOU HAVE ANYTHING ELSE OKAY. TO TO GO BY WHAT WE WERE TALKING ABOUT. AND I'M GOING TO GO ON BOTH SIDES. I HEAR THIS SIDE HERE THAT I DO AGREE. YES. WE HAVE BEEN TALKING ABOUT THIS FOR A VERY LONG TIME. WE HAVE BEEN TALKING ABOUT TRYING TO GET WE WERE CITY OF SAN MARCOS IS SO OVERWHELMED WITH THEIR ANIMALS AND THEY'RE SAYING, KYLE, BUDA, EVERYBODY YOU'VE GOT TO DO, YOU GOT TO TAKE CARE OF YOUR OWN. I JUST HEARD A NEWS ARTICLE ON THE RADIO THAT AUSTIN'S GOING THROUGH THE SAME ISSUE AS WELL. I SEE THAT, I UNDERSTAND THAT, BUT IF EVERYBODY KNOWS WHO I AM, I'M A VERY HONEST AND RESPECTFUL PERSON. AND I DO LISTEN TO THE RESIDENTS, AND I DO SHOW THE RESPECT TO MY COLLEAGUES AND SO FORTH. AND I DO SEE THAT WAITING TWO WEEKS WOULD NOT HURT. LIKE COUNCIL MEMBER SAPORTA STATED, WHAT WOULD WE LOSE IF WE WAITED JUST ONE MORE MEETING TO ALLOW THE NEW ELECTED OFFICIALS TO COME ON BOARD AND TO SHOW THAT RESPECT, BECAUSE THEY ARE GOING TO BE MAKING THE VOTES GOING FORWARD.

THEY ARE GOING TO BE THE ONES THAT HAVE TO ADVOCATE OR GIVE THEIR THEIR OPINIONS AND ALSO THEIR CONSIDERATIONS. AND WHO KNOWS, MAYBE SERVE ON SOME OF THE BOARDS THAT HAVE TO DO WITH THAT. SO I AM I UNDERSTAND WHERE MY COLLEAGUES ON MY LEFT ARE COMING FROM, BUT I ALSO UNDERSTAND OUT OF THE RESPECT FOR THE ONES THAT ARE IN COMING TO, TO BE ABLE TO ALLOW THEM TO HAVE THEIR SAY ON THAT. SO IF THERE'S ANYTHING ELSE, I'D LIKE TO MAKE A MOTION THAT WE POSTPONE AND TABLE AGENDA ITEM NUMBER 20 AND 21, IF WE CAN ADD THAT AS WELL TO THE FOLLOWING MEETING ON JANUARY THE 6TH. AND SO THAT WAY WE COULD BE ABLE TO ALLOW THE NEW COUNCIL MEMBERS TO BE ABLE TO HAVE A SAY AND ALSO HAVE AN AGREEMENT TO WHERE IF THERE'S ANY OTHER QUESTIONS THAT WE HAVE. AND I HOPE THE RESIDENTS THAT ARE SEEING THIS, BECAUSE THERE'S A COUPLE OF RESIDENTS THAT I SPOKE TO, HAD NO IDEA THAT THIS WAS ACTUALLY GOING TO GO IN THIS AREA, SO IT'S GOING TO ALSO GIVE THEM THAT MUCH MORE TIME TO BE AWARE. AND I THINK BY THE SIXTH, MAYBE

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WE CAN ALSO COME UP WITH A PLAN TO WHERE IF WE GO THROUGH WITH THIS, WHICH I'M SURE IT PROBABLY WILL, BUT IT'S JUST GIVING THEM THE RESPECT TO BE ABLE TO HAVE THEIR SAY. WE CAN BE ABLE TO BE ON BOARD AND GIVE THE CITIZENS MORE TIME TO ACTUALLY COME TO THE MEETINGS AND SEE WHAT WE'RE DOING, BECAUSE WE ARE COMBINING HAYS COUNTY, A SPECIFIC AREA, INCLUDING YULIN, I'M SURE, AND BUDA AND THEN US. AND SO WITH THAT, I'D LIKE TO MAKE THAT MOTION TO POSTPONE AND TABLE ITEMS 20 AND 21. CAN I SECOND THAT? YES. AND THEN I JUST WANTED TO NOTE REAL QUICK THAT THIS IS SOMETHING THAT I WANT TO DO OUT OF RESPECT FOR OUR INCOMING COUNCIL AND MAYOR ELECT. IT WAS NOT A COURTESY THAT WAS EXTENDED TO COUNCIL MEMBER MEDINA AND I BEFORE WE CAME IN, BUT THAT DOESN'T MEAN I CAN'T EXTEND THAT COURTESY FORWARD. SO I SECOND THAT. OKAY. ANYBODY HAVE ANY OTHER FEEDBACK? OKAY. COUNCIL MEMBER I JUST LIKE TO MAKE A NOTE THAT WE HAVE HAD AS FAR AS THE RESIDENTS, WE HAVE HAD A LOT OF INPUT AND PUBLIC MEETINGS ON THIS. IT'S NOT LIKE IT SHOULD BE A MYSTERY TO ANYBODY THAT THIS HAS BEEN TALKED ABOUT FOR A YEAR. I STILL THINK WE SHOULD TAKE THE LEADERSHIP ON IT. OKAY.

COUNCILMEMBER MCKINNEY, YES, IT DOESN'T COST US ANYTHING TO WAIT. I HAVE, YOU KNOW, NO REAL ISSUE WITH DELAYING THIS, JUST AS IT STANDS, I WOULD JUST LIKE TO POINT OUT THAT IT DOES SET A POTENTIAL DANGEROUS PRECEDENT THAT, YOU KNOW, ARE WE GOING TO WAIT TO MAKE DECISIONS FROM THIS DAIS FROM FIRST TUESDAY OF EVERY NOVEMBER UNTIL POTENTIALLY THE FIRST TUESDAY IN JANUARY, EVERY SINGLE YEAR AND SHORT OUR RESIDENTS, 20% OF THEIR SITTING GOVERNMENT. JUST ON THE ON THE GROUNDS OF PRINCIPLE. I FEEL LIKE WE WE HAVE A JOB TO DO AND I CAN UNDERSTAND THE THE IDEA OF WANTING TO WAIT FOR NEW PEOPLE TO COME IN, BUT THAT'S NOT WHAT WE WERE ELECTED TO DO. AND I MAY RESPOND, IF YOU DON'T MIND. TRUE TO THAT, YES, WE ARE ELECTED OFFICIALS, BUT WE ARE ELECTED OFFICIALS FROM THE PEOPLE THEMSELVES, OKAY? WE ARE ELECTED FROM THEM. AND YES, WE HAVE TO BE AT A LEADERSHIP ROLE. AND THERE HAVE BEEN CONVERSATIONS AND I'M NOT TRYING TO GET POLITICAL ON THIS, OF COUNSELING THIS ENTIRE MEETING. BUT YOU HAVE TO UNDERSTAND THAT YOU'RE RIGHT. CITY BUSINESS STILL NEEDS TO CONTINUE. CITY BUSINESS NEEDS TO BE ABLE TO HAVE THAT. UNFORTUNATELY, AT THIS SPECIFIC MOMENT, WE ARE JUST IN A VERY UNIQUE SITUATION AND IT'S JUST SHOWING THAT RESPECT IN THAT SENSE. AND AGAIN, IT'S ONE THING TO COUNSEL A COMPLETELY, BUT IT'S JUST SHOWING THE SENSE THAT SAYS IF IT'S JUST TWO WEEKS, WHAT WOULD BE THE HARM IF THERE'S NOT THEN? BUT AGAIN I SEE BOTH SIDES. BUT TO GO FORWARD, WE'VE HEARD FROM THE RESIDENTS, WE HAVE TO RESPECT THE RESIDENTS AND THAT'S WHO WE ACTUALLY WORK FOR AND VOTE FOR ON THAT END. OKAY, GOOD. WELL, WE'VE HEARD FROM BOTH SIDES OF THE RESIDENTS, NOT JUST ONE SIDE OF THE RESIDENTS. THERE ARE PEOPLE OUT THERE THAT WANT TO SEE THIS DESPERATELY MOVE FORWARD. WE'VE GOT A SHELTER THAT IS CLOSING. WE WANT TO SEE THIS MOVE FORWARD AS QUICKLY AS IT CAN. I'M SORRY THAT THE COUNTY DID NOT APPROVE THEIR ISLA TODAY, BUT THAT DOES NOT MEAN WE SHOULDN'T. WE'RE PREPARED TO MAKE THIS VOTE. I THINK WE SHOULD MOVE THIS FORWARD. I THINK I JUST HAVE A FOLLOW UP QUESTION WITH THAT. SO, FOR EXAMPLE, IF WE WERE TO VOTE TO APPROVE THIS TODAY, ARE WE TECHNICALLY AHEAD BECAUSE I THINK THAT THE COUNTY NEEDS TO SIGN OFF OR ELSE WE'RE NOT TECHNICALLY AHEAD? WE'RE STILL WAITING FOR THE COUNTY, CORRECT? ULTIMATELY, FOR THE INTERLOCAL TO BE APPROVED, ALL PARTIES WOULD NEED TO SIGN IT. SO IF WE TECHNICALLY APPROVED IT ON THE SAME DAY AS THEM ON JANUARY 6TH, THEN WE'RE WE'RE GOOD RIGHT NOW. WE WOULDN'T BE PUTTING OURSELVES AHEAD. WE'D STILL BE WAITING. CORRECT. OUR OUR PORTION OF THE INTERLOCAL WOULD BE SIGNED, AND THEY WOULD BE TAKING IT UP TO THEIR BOARD TO BE SIGNED IN JANUARY. THEY'RE THE ONES THAT ARE LAGGING, NOT US GETTING AHEAD OF THEM, BUT WE STILL NEED. IF WE'RE GOING TO DO THIS, WE'RE GOING TO NEED THEIR FUNDING. WE'RE GOING TO NEED THEIR MONEY. WE'RE GOING TO NEED TO GET MAKE SURE WE HAVE THAT AGREEMENT. AND HERE'S ANOTHER NOTE. YES, WE HAVE PEOPLE FROM THE COUNTY THAT'S HERE. WHERE'S BUDA? DO I HAVE ANYBODY FROM A REPRESENTATIVE FROM THE CITY OF BUDA THAT IS HERE, THAT WANTS TO TAKE PART IN THIS INTERLOCAL AGREEMENT?

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BECAUSE I'M GOING TO TELL YOU THIS, I'VE BEEN HERE FOR MANY, MANY YEARS, AND I'LL SEE DEVELOPERS THAT WILL SIT OUT HERE TO THE WEE HOURS OF THE NIGHT WAITING FOR THEM TO APPROVE MAYBE $100,000 OF OF SOMETHING FROM THE CITY. AND IF WE'RE GOING TO BE DOING THIS MAJOR INPUT HERE. AND I BROUGHT THIS UP TO YOU LAST TIME, WHERE'S THE COUNTY COMMISSIONERS ON THIS? WHERE'S THE CITY OF BUDA? WHY ARE THEY NOT HERE ADVOCATING ON THEIR END OF WHY? THIS IS A GREAT DEAL. YES. IT'S GOING TO BE A CITY OWNED FACILITY. YES, IT'S GOING TO BE CITY EMPLOYEES. YES, WE'LL PROBABLY GET LOCAL PEOPLE TO VOLUNTEER. BUT THE MORE I'M LOOKING AT IT, IF THIS IS SUCH A GREAT DEAL, WHY ARE WE NOT HAVING ALL THREE PARTIES HERE TO ADVOCATE FOR THIS, TO MAKE ME ALSO FEEL COMFORTABLE? BECAUSE I GET IT. WE NEED TO GET ON THE BALL ON THIS, BUT WE'RE ALSO PARTNERING UP WITH OTHER ENTITIES ON THIS. AND THE ONLY PERSON THAT I'VE SEEN IS JUST HEARING IT. HEARSAY AS FAR AS WELL, WE'VE TALKED TO SO AND SO AND I STILL DON'T HAVE ANY NAMES FROM YOU. MAYBE THAT'S ON ME NOT REACHING OUT. BUT THEN AGAIN, IT'S, YOU KNOW, THIS IF THIS IS SOMETHING THAT'S VERY VITAL FOR, LIKE WE SAY, THE CITY AND IT'S A PARTNERSHIP, IT'S A COMBINATION OF TAX DOLLARS. AND WE COULD SAY, WELL, THE COUNTY IS GIVING CITY RESIDENTS STILL PAY TAXES INTO HAYS COUNTY NO MATTER WHAT. SO WE'RE ALL PAYING FOR THIS. BUT AS FAR AS THE REPRESENTATION, MY OPINION LOOKING AT IT, I'M VERY SURPRISED I DON'T HAVE ANYBODY FROM THE CITY OF BUDA STANDING UP SAYING, THIS IS A GREAT, GREAT, GREAT IDEA. AND THAT THAT KIND OF ALSO KIND OF PUTS ME ON THE BACK BURNER ON THAT END. BUT YOU'RE RIGHT, WE DO NEED TO BE ABLE TO HAVE OUR OWN FACILITY. SO IF WE'RE GOING TO BE GOING WITH OTHER THIRD PARTIES, LIKE I SAID, I'M SURPRISED THAT WE DON'T HAVE ANY COLLABORATION COMING FORWARD ON THAT END. SO. BUT WE DO. BRIAN, DID YOU HAVE SOMETHING? IF NOT, WE STILL HAVE A MOTION TO TRY TO ADDRESS THAT. I THINK THIS THIS PARTNERSHIP HAS BEEN PRESENTED TO ALL THREE BOARDS. SO BOTH CITY COUNCILS, BUDA AND THE CITY OF KYLE, AS WELL AS THE COUNTY COMMISSIONERS COURT JESSE AND I HAVE PRESENTED TO THE COUNTY COMMISSIONERS COURT AND HAD DETAILED DISCUSSION WITH THE COMMISSIONERS THERE.

BUDA HAS INDICATED THEY'RE VERY SUPPORTIVE. THEIR COUNCIL HAS APPROVED THE MAYOR'S ON ON THE DEAL. WE CAN CERTAINLY HAVE A REPRESENTATIVE FROM THEIR STAFF. THEIR THEIR ENTIRE CITY COUNCIL CAN'T COME HERE BECAUSE IT'S NOT A POSTED MEETING FOR THEIR COUNCIL. BUT WE COULD CERTAINLY HAVE A REPRESENTATIVE HERE FROM STAFF TO ADDRESS ANY QUESTIONS THAT YOU HAVE AT THE NEXT MEETING. WE'D BE HAPPY TO DO THAT AND I'M SURE THEY'D BE HAPPY TO DO IT. WE JUST HAVEN'T ASKED THEM TO DO THAT. THAT'S FINE. AND AGAIN, AS AS WE'VE LOOKED AT IT, THEIR COUNCIL, OUR COUNCIL, THE COMMISSIONERS COURT HAS ALL APPROVED THE CONCEPTUAL FRAMEWORK AND THE DEAL. SO I THINK THEY'RE NOT NECESSARILY THINKING THEY NEEDED TO BE HERE, BUT I THINK THEY CERTAINLY WOULD BE WILLING IF WE NEEDED TO DO THAT. SOUNDS GOOD. OKAY. CAN WE HAVE A MOTION ON THE TABLE. ANY OTHER FURTHER DISCUSSION? OKAY. THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED. NAY. OKAY. MOTION PASSES THREE TO MOTION FAILS. ALL MOTIONS REQUIRE FOUR VOTES.

FOUR VOTES. FOUR VOTES. ALL MOTIONS UNDER THE CHARTER REQUIRE FOUR VOTES. OKAY. ALL RIGHT. MOTION FAILS. ALL RIGHT. WITH THAT, THEN SHOULD WE GO AHEAD AND MAKE A MOTION TO.

I'LL MAKE A MOTION TO. OR WE MIGHT BE IN DEADLOCK HERE. YEAH. SO THE CITY CHARTER PROVIDES THAT ANY MOTION REQUIRES FOUR VOTES. IT LOOKS LIKE WE DON'T HAVE THE VOTES TO TABLE IT. WE COULD ATTEMPT TO TRY A MOTION TO PASS IT OR A MOTION TO DENY IT AND KIND OF SEE WHAT HAPPENS.

OR WE CAN HAVE FURTHER DISCUSSION AND SEE WHAT COUNCIL WANTS TO DO. I'D LIKE TO MAKE A MOTION TO APPROVE SECOND. OKAY. MOTION TO APPROVE AGENDA ITEMS NUMBER 20 AND 21 BY COUNCIL MEMBER MARK MCKINNEY. OKAY. AND SECOND BY DOCTOR HARRIS. DO WE HAVE ANY DISCUSSIONS ON THAT MOTION RIGHT THERE? I'LL SAY THIS. IT'S AN IMMINENT NEED. IT REALLY IS. AND WELL, I WOULD, YOU KNOW, LOVE TO HAVE HEARD THEIR INPUT. LIKE DOCTOR HARRIS HAS SAID, YOU KNOW, THIS HAS BEEN A DISCUSSION FOR A YEAR AND A HALF. THERE'S BEEN AMPLE OPPORTUNITY FOR INDIVIDUAL INPUT. AND THERE ARE A LOT OF DECISIONS THAT WE ALL HAVE TO FOLLOW. OUR PREVIOUS COUNCIL ON.

EVERY SINGLE ONE OF US. WHEN WE CAME IN AND TOOK THESE SEATS, THERE WERE DECISIONS THAT WERE

[01:40:04]

MADE BEFORE US THAT WE HAVE TO FOLLOW BEHIND. SO I SEE THIS AS BEING NO DIFFERENT. OKAY, ANYBODY HAVE ANY OTHER JUST GOOD COUNCILMEMBER INDIA. SO I UNDERSTAND AS A NEW COUNCIL PERSON, THE ELECT WANTING TO BE ABLE TO COME IN AND HAVE THE DISCUSSIONS AND BEING ABLE TO VOTE ON BEHALF OF SINCE WE CAN'T POSTPONE TO THE NEXT MEETING, AND THE FACT THAT THIS IS JUST AN ILA TO LOCK IN THE AGREEMENT TO WORK BETWEEN BUDA AND HAYS COUNTY. I WOULD BE IN FAVOR OF MOVING FORWARD WITH ILA SO THAT WE CAN GET THIS GOING. AND THEN WHEN EVERYTHING ELSE COMES BACK TO COUNCIL, OUR ELECT WILL BE ON STAFF TO VOTE FOR THOSE RULES, REGULATIONS, THE DESIGN AND EVERYTHING ELSE AND THE FUNDING. ALL RIGHT. ANYBODY ELSE HAVE ANY ANYTHING ELSE? OKAY, OKAY. WE HAVE A MOTION ON THE TABLE. DO WE HAVE ALL THOSE IN FAVOR SAY AYE. AYE.

THOSE OPPOSED. NO. NO. MOTION PASSES 3 TO 2. MOTION FAILS. FAILS. I'M SORRY. 3 TO 2. ALL RIGHT. SO ACCORDING TO WHAT MEDINA SAYS, IF THAT'S WHERE WE'RE AT, THEN AGAIN HAVING THE DESIGNS COME BACK. SO THERE THERE ARE SOME PHILOSOPHICAL DISCUSSIONS WE CAN HAVE ON HOW TO CONTINUE THIS ITEM. ONE OF THEM IS WE CAN RETOOL IT AND YOU CAN REQUEST THAT STAFF BRING IT BACK. ONE OF THEM IS SOMEBODY CAN PROVIDE A REQUEST FOR RECONSIDERATION AT THE NEXT MEETING. BUT AT THE MOMENT, WE OBVIOUSLY DIDN'T HAVE THE VOTES TO PASS. ITEM 20 OKAY. SO WITH THAT THEN GO AHEAD. COUNCIL MEMBER ZAPATA. BUT THESE TWO THINGS ARE KIND OF FUNDAMENTALLY DIFFERENT. CORRECT 2021 YEAH, I WOULD WAGER AND JESSE, CORRECT ME IF I'M WRONG, THAT WE ARE NOT READY TO PASS ITEM 21 WITHOUT ITEM 20. IS THAT CORRECT? MY ANSWER TO THAT WOULD BE ITEM 21 IS SEPARATE FROM THE ISLA, BECAUSE THE DESIGN OF THE BUILDING WOULD GO FORWARD. WHETHER WE HAVE PARTNERS ON THIS OR NOT. NOW IT'S UP TO COUNCIL TO DECIDE WHETHER THEY WOULD LIKE TO PUT THEM TOGETHER. AS FAR AS THE ISLA GOING FORWARD AND THE DESIGN OF THE BUILDING GOING FORWARD. BUT THE DESIGN ITSELF IS SOMETHING THAT IF WE WERE DOING THIS ALL BY OURSELVES AS THE CITY OF KYLE, WE WOULD STILL NEED A DESIGN OF THE BUILDING. OKAY, SO TECHNICALLY THAT IS SOMETHING THAT WE COULD GET AHEAD ON.

CORRECT. THE OTHER THING I JUST TO ADD THOUGH, THE THE COST COULD BE POTENTIALLY LOWER IF IT'S A LOWER, SMALLER FACILITY, A LOWER NUMBER OF INTAKE, THOSE KINDS OF THINGS, I THINK THOSE ARE SOMETHING WE WOULD NEED TO LOOK AT. I DON'T KNOW, ON, ON THE EXACT COST. THAT'S NOT HOW WE'VE WE'VE SCOPED THAT ITEM FOR ITEM 21. BUT I THINK THE SIZE OF THIS FACILITY IS BASED OFF OF THE NEEDS THROUGH THE ISLA. RIGHT? THAT'S CORRECT. OKAY. BUT I DON'T THINK WE'RE EXPECTING SUBSTANTIVE CHANGES TO THE ISLA, SO I DON'T IS THERE SOMETHING THAT I'M MISSING HERE? I FEEL LIKE I'M THE FIRST PART OF THE DESIGN CONTRACT, WHICH WE WOULD DISCUSS IN THE NEXT PRESENTATION IS A FURTHER STUDY. THE FEASIBILITY STUDY THAT THE DESIGN CONTRACT IS INITIALLY CONCEPTUALLY BASED OFF OF WAS THE CITY OF KYLE ITSELF. AND SO THERE'S THE FIRST PART OF THE SCOPE OF THE DESIGN CONTRACT IS TO GO OUT AND LOOK AT THAT ADDITIONAL CAPACITY AND WHAT THE INTAKE WOULD BE AND ALL OF THAT, WHAT THAT, WHAT THAT DOES OR CHANGES AS FAR AS THE DESIGN WOULD BE PART OF THE SCOPE OF THAT DESIGN CONTRACT. SO THERE'S A LOT OF ELEMENTS AT PLAY HERE THAT WE COULD DIG DEEP INTO. I'M NOT COMFORTABLE MOVING FORWARD ON 21 WITHOUT 20. ALL RIGHT. GOOD. WE RECONSIDER GOING AHEAD AND CONDUCTING ANOTHER VOTE ON 20 AND 21. YOU CAN MAKE A MOTION TO TABLE 21 ON 20. IF YOU WANT TO DO THAT, YOU NEED TO, I GUESS, RECONSIDER THE VOTE THAT ALREADY OCCURRED. OKAY. SO WE WOULD HAVE TO MAKE A MOTION TO CONSIDER APPROVING AGENDA ITEM NUMBER 20 TO RECONSIDER. I WOULD SUGGEST RECONSIDERING THE MOTION TO TABLE IF THAT'S WHAT YOU WANT TO DO. OKAY. ALL RIGHT.

SO WITH THAT TO CONTINUE TO MOVE FORWARD, I'LL MAKE THE MOTION TO RECONSIDER MOVING TO

[01:45:05]

TABLE AGENDA ITEM NUMBER 22ND SECOND BY COUNCILMAN COUNCILMEMBER DOCTOR HARRIS OKAY. ALL RIGHT. DO WE HAVE ANY DISCUSSION, CONTINUED DISCUSSION ON THIS? NO. OKAY.

THOSE IN FAVOR SAY I, I THOSE OPPOSED MOTION PASSES 5 TO 0. CONSIDER APPROVING AGENDA ITEM NUMBER 21. WOULD BE APPROVAL. LIKE I HAVE THEM TAKE A MOTION FOR THAT. I WOULD MOVE TO TABLE 21 WITH 20 OKAY OKAY. CONSIDER TABLING 20 AGENDA ITEM NUMBER 20. AND I'LL SECOND THAT MOTION.

TO THAT WE TABLE ITEM NUMBER 21. WELL WE JUST WE JUST WANTED TO TABLE 20 CORRECT. NO WE JUST WE PASSED IT. WE PASSED THE MOTION TO RECONSIDER. WE PASSED A MOTION TO RECONSIDER OKAY OKAY.

SO NOW WE CAN GO BACK IF YOU WANT TO GO AHEAD AND MAKE THE MOTION TO APPROVE AGENDA ITEM NUMBER 20, YOU CAN MAKE A MOTION TO TABLE BOTH TOGETHER IF YOU WOULD LIKE TO DO THAT. I THINK THAT WAS THE ORIGINAL MOTION. ANYWAY I'LL MAKE A MOTION TO TABLE BOTH TOGETHER OKAY. I'LL SECOND. OKAY. THOSE IN FAVOR SAY I, I THOSE OPPOSED. NO. OKAY. MOTION PASSES 4 TO 1.

THANK YOU. CITY COUNCIL. KEEP THOSE PRESENTATIONS WARM. THANK YOU. JUST BE FOR ONE MINUTE. I HAVE A QUESTION ON THE MOTION TO RECONSIDER. THE MOTION TO RECONSIDER TABLING 20. WE DON'T COVER THAT TONIGHT. WE DON'T RECONSIDER THAT TONIGHT. WE DID RECONSIDER THAT. AND THEN WE.

AND THEN WE JUST VOTED 4 TO 1 TO TABLE 20 AND 21, 21, 20 AND 21. THEY SAID BOTH TOGETHER.

TOGETHER. OKAY, OKAY. ALL RIGHTY. NOW WE'RE MOVING ON TO AGENDA ITEM NUMBER FIVE AND

[5) Receive a report, hold a discussion, and provide staff feedback on the Unified Development Code (UDC) rewrite and overview of the Zoning Code Diagnostic Report being conducted by Freese & Nichols for the City of Kyle.]

RECEIVE A REPORT TO HOLD DISCUSSION AND POSSIBLE STAFF FEEDBACK FOR THE UNITED DEVELOPMENT CODE. RE-WRITE AND OVERWRITE OF THE ZONING CODE DIAGNOSTIC REPORT. BE MELISSA MCCOLLUM. THANK YOU. COUNCIL MEMBERS. I'M REALLY EXCITED TO TO PRESENT TO YOU TODAY KIND OF AN UPDATE ON WHERE WE'RE AT WITH OUR EDC PRESENTATION. AND AS YOU CAN SEE, IT WAS APROPOS TO REALLY KIND OF FOLLOW IT WITH MOBILITY PLAN. AS SOME OF YOUR QUESTIONS INDICATED, THEY ARE CLOSELY CONNECTED. AGAIN, THIS WAS REALLY SPEARHEADED BASED ON OUR COMP PLAN APPROVALS A COUPLE OF YEARS AGO. REALLY SAID WE SHOULD LOOK AT OUR CODES, HOW THEY'RE IMPLEMENTED, HOW THEY WORK WITH OUR VISION THAT WE HAVE, AND THE MOBILITY PLAN IS ONE OF THOSE VISIONING DOCUMENTS AS WELL. WE HAVE DONE SOME ENGAGEMENT OUT IN THE COMMUNITY AND ALSO WITH THE PLANNING AND ZONING COMMISSION, AND WE WILL CONTINUE TO HAVE ADDITIONAL ENGAGEMENT. AND REALLY WHERE WE'RE AT TODAY IS TO GET A FEEDBACK KIND OF FROM WHERE WE'RE AT WITH THE DIAGNOSTIC REPORT FROM YOU. WE DID GO TO THE PLANNING ZONING COMMISSION AND PRESENTED TO THEM AND GOT SOME GREAT FEEDBACK. AND WE'RE REALLY LOOKING TO KIND OF GET SOME ADDITIONAL FEEDBACK FROM YOU THIS EVENING. SO WITH THAT, I'LL TURN IT OVER TO CHANCE WITH F AND I. AND HE CAN KIND OF GO THROUGH SOME OF THE PRESENTATIONS AND WE'RE AVAILABLE TO ANSWER ANY QUESTIONS THAT YOU HAVE. ALL RIGHT. ALL RIGHT. THANK YOU MELISSA CHANCE SPARKS WITH FREESE AND NICHOLS HAPPY TO BE BACK HERE AGAIN THIS EVENING.

MAIN GOAL FOR THIS EVENING IS TO REALLY CONFIRM OUR DIRECTION THAT WE'RE HEADING IN WITH WITH THE REWRITE PROCESS. THE DIAGNOSTIC REPORT IS THE FIRST STEP OF THAT. AND IT'S NOT INTENDED TO ITEMIZE EVERY SINGLE THING THAT NEEDS TO CHANGE. IT'S INTENDED TO CAPTURE THOSE BIG ITEMS, BIG TOPIC AREAS THAT WE KNOW WE NEED TO FOCUS ON, HAVE SOME GOOD, SOLID, GENERAL DIRECTION ON THEM SO WE KNOW WHEN WE START DRAFTING THIS, WE ARE ROWING AT LEAST IN THE CORRECT DIRECTION, SO WE CAN REFINE IT TO GET ON THE EXACT RIGHT COURSE AS WE GO THROUGH DRAFTING. SO AGAIN, FOR ANY OF YOU THAT ARE THAT ARE NEWER TO THIS, Y'ALL ARE RUNNING AA2 STEP PROCESS TO THIS. IT'S A BEST PRACTICE. YOU'RE TACKLING YOUR DEVELOPMENT CODE AND YOUR ENGINEERING MANUALS AT THE SAME TIME. AS I SAID AT THE FIRST MEETING, I WILL COMPLIMENT Y'ALL AT EVERY SINGLE MEETING. ON DOING IT THIS WAY, IT'S THE BEST PRACTICE. SO WE'RE GOING TO REVIEW DISCUSS THIS DIAGNOSTIC REPORT AND THEN REALLY SEEK SOME FEEDBACK FROM YOU ON WHAT ARE THE QUESTIONS YOU HAVE, WHAT ARE THE THINGS WE NEED TO BE THINKING ABOUT FURTHER AS WE STEP INTO DRAFTING? SO AS MELISSA SAID, WE'VE TALKED WITH GROUPS WITHIN CITY STAFF TO OFFER DIFFERENT PERSPECTIVES ON THIS, AS WELL AS DIFFERENT ENGAGEMENT GROUPS. THIS TENDS TO FOCUS, OF COURSE, ON THE COMMUNITY, BUT ALSO ON SPECIFIC CODE USERS AND DIFFERENT PERSPECTIVES THEY BRING, WHETHER THEY'RE BUSINESS

[01:50:04]

OWNERS OR HOME BUILDER DESIGN PROFESSIONAL. THAT WORKS FOR THOSE FOLKS. YOUR COMMISSIONS THEMSELVES TO GAIN A GOOD UNDERSTANDING OF HOW HOW IS YOUR HOW ARE YOUR REGULATIONS CURRENTLY OPERATING? WE HEARD A LOT OF REALLY INTERESTING FEEDBACK. WE HEAR A LOT ABOUT, YOU KNOW, THERE'S A LOT OF TECHNICAL STANDARDS THAT ARE KIND OF BURIED IN THE CODE THAT MAKE IT REALLY HARD TO READ, HARD TO APPROACH. WE'VE HEARD ALSO BROADER POLICY PERSPECTIVES. WE WANT TO BE ABLE TO SUPPORT MORE SMALL BUSINESSES, LOCALLY OWNED BUSINESSES. HOW CAN THE CODE HELP SHAPE THAT? WE HEARD ABOUT WAYS TO MAKE A SYSTEM THAT'S A LITTLE BIT MORE PREDICTIVE OR PREDICTABLE, WHERE THEY CAN KNOW FOR SURE WHEN THEY ENTER THE DESIGN PROCESS, WHAT THEY HAVE TO ACCOMPLISH TO GET TO A PERMIT AT THE END WITHOUT WONDERING ABOUT A DISCRETIONARY APPROVAL ALONG THE WAY, AND THEN LOOKING AT SOME REALLY DETAILED STANDARDS, STREAMLINING THINGS LIKE THAT. THAT'S WHERE ISSUES LIKE THE MOBILITY PLAN COME INTO PLAY, TO MAKE SURE THAT WE'RE COORDINATING WITH THAT, AS WELL AS THE HOUSING PLAN, HOUSING STUDY THAT'S ALSO IN THE WORKS. SO AGAIN, CODE DIAGNOSTIC, WE'RE ABOUT FOCUSED ON OPERATIONALIZING WHAT WE SEE IN YOUR PLANS. YOUR PLANS ALL HAD A LOT OF COMMUNITY ENGAGEMENT. SO WE START FROM THAT POINT AND BRING IN THAT THAT PHILOSOPHY.

WE BUILD OUT ISSUE STATEMENTS AND RECOMMENDATIONS TO ADDRESS THOSE. AGAIN PULLING IN INFORMATION FROM SPECIFIC USERS, REALLY GOING TOWARDS A CONSENSUS BUILDING EFFORT SO THAT WHEN YOU'RE DRAFTING THE CODE, IT GOES SMOOTHLY. IT'S WELL UNDERSTOOD, LESS LIKELY TO HAVE REWORK ALONG THE WAY. AGAIN, LOOKED AT SEVERAL DIFFERENT PLANS, SEVERAL DIFFERENT DOCUMENTS. YOU HAVE A WIDE VARIETY OF DIFFERENT PLANS THAT WE HAVE LOOKED AT ON THIS, INCLUDING YOUR MOST RECENT YOUR PARKS RECREATION, OPEN SPACE PLAN. AND WE'VE ALSO HAD, OF COURSE, THE CONVERSATIONS WITH CITY STAFF AND YOUR PLANNING AND ZONING COMMISSION. SO THERE'S SOME BIG OVERARCHING THEMES THAT KIND OF INFORM EVERYTHING THAT WE'RE GOING TO LOOK AT. CREATE A USER FRIENDLY CODE. THAT DOES NOT MEAN A CODE THAT IS WEAK. IT MEANS A CODE THAT IS DIRECT, USES SIMPLE LANGUAGE THAT REGULAR PEOPLE CAN UNDERSTAND. WE WANT TO SEPARATE OUT THOSE ENGINEERING DESIGN CRITERIA THAT ARE CURRENTLY BAKED INTO YOUR CODE.

MOST OF YOUR CODE CODE USERS ARE NOT DESIGN PROFESSIONALS. PLACE THOSE STANDARDS IN IN A SPOT WHERE THEY ARE ALL IN ONE PLACE THERE FOR THEM. LET THE LET THE DEVELOPMENT CODE ITSELF FOCUS ON THE POLICY AND DIRECTION. UPDATE THE ZONING REGULATIONS WE WANT TO LOOK AT.

THIS IS GOING TO BE A COMPREHENSIVE REWRITE OF YOUR ZONING REGULATIONS. LOOKING AT HOW WE LOOK AT YOUR PLAN DEVELOPMENT PROCESSES, YOUR OVERLAY STANDARDS, PARTICULARLY CASES WHERE YOU HAVE OVERLAY DISTRICTS ON A MAP. BUT IT'S HARD TO CORRELATE THEM TO STANDARDS WITHIN THE CODE. AND ALSO INTRODUCING SOME FORM BASED STANDARDS TO SUPPORT YOUR DOWNTOWN. THAT WAS ONE OF THE KEY RECOMMENDATIONS THAT THAT CAME OUT OF YOUR COMPREHENSIVE PLAN AND SOME OF YOUR OTHER PLANS. WE WANT TO BRING YOUR USE AND DEVELOPMENT STANDARDS A LITTLE BIT CLOSER TOGETHER. RIGHT NOW, THEY'RE SCATTERED IN A FEW DIFFERENT PLACES IN YOUR REGULATIONS. MAKES IT A LITTLE HARD TO USE. EXPAND ON THE VIBE TRAILS. PLAN SOME OF THE IDEAS BEHIND THAT IN TERMS OF CREATING SENSE OF PLACE SCATTERED THROUGHOUT YOUR COMMUNITY, VERSUS ALL FOCUSED IN ONE PLACE. THAT ALSO HAS IMPLICATIONS FOR THINGS LIKE MOBILITY PLANNING, WHERE IF YOU'RE SHORTENING TRIPS, IT CHANGES HOW YOU HAVE TO THINK ABOUT YOUR YOUR SYSTEMS ALONG THE WAY. SO WHAT WE'RE GOING TO DO IS I'M GOING TO STEP THROUGH EACH OF KIND OF YOUR KEY CHAPTERS, HITTING SOME VERY HIGH LEVEL POINTS. RECOGNIZE THAT YOU HAVE THE FULL DOCUMENT IN FRONT OF YOU. I THINK IT'S ABOUT 60 PAGES, GIVE OR TAKE.

WE DON'T WANT TO DO A PAGE TURNER THROUGH THAT, BECAUSE I DON'T WANT TO PUT YOU TO SLEEP, BUT ALSO GIVE YOU A LITTLE BIT MORE TIME TO DIGEST IT, OF COURSE, TO KEY THINGS WE'RE DOING, WE'RE BRINGING ALL OF YOUR DEVELOPMENT CODE DEFINITIONS, PUTTING THEM ALL IN ONE PLACE, PUTTING THEM AT THE BACK OF THE DOCUMENT. THAT'S BECAUSE WHEN PEOPLE OPEN UP AN ORDINANCE, THEIR FIRST THING ISN'T I WANT TO LOOK AT DEFINITIONS. THEY WANT TO DIVE STRAIGHT INTO PROCESS AND POLICY AND GO REFERENCE DEFINITIONS AS THEY NEED THEM.

IT'S NOT UNLIKE HOW A TEXTBOOK IS SET UP. BUILDING REGULATIONS. WE WANT TO LOOK AT CREATING, SHIFTING ALL YOUR FEE, ENABLING LANGUAGE TO TO JUST SIMPLY CROSS-REFERENCE TO YOUR FEE SCHEDULE MAKES IT EASIER TO WORK WITH. MAKE SURE ALL YOUR USE BASED REGULATIONS ARE CONNECTED TO ONE ANOTHER, THAT THEY AREN'T CONFLICTING WITH EACH OTHER. WE'RE GOING TO LOOK AT SOME OF THE LEGISLATIVE DIRECTION THAT IS COME OUT IN TERMS OF LEGISLATIVE UPDATES.

THIS IS WHERE YOU WILL ALSO START TO SEE ELEMENTS OF HOUSING TOPICS INSERT INTO THIS.

THERE'S BEEN SOME PRETTY CLEAR DIRECTION AT THE LEGISLATIVE LEVEL, AS WELL AS OTHER PLANNING BEST PRACTICES, AND YOUR PLANNING DIRECTION IN THAT BUSINESS REGULATIONS TO TRY TO LINE THOSE UP. RIGHT NOW, THOSE ARE IN A SEPARATE CHAPTER, AND THEY INCLUDE BOTH OPERATING TYPE STANDARDS, WHICH THAT'S WHERE THEY'RE SUPPOSED TO BE, BUT ALSO A LOT OF USE RELATED AND DESIGN STANDARDS IN THOSE THAT WE WANT TO PULL OUT AND THINGS LIKE THAT. ALONG THE WAY.

[01:55:03]

WE'RE GOING TO BE LOOKING AT SOME GOOD STRONG UPDATING TO YOUR FLOOD DAMAGE PREVENTION TYPES OF REGULATIONS. VERY SPECIFIC. RECOGNIZING WHAT IS YOUR FLOOD CHARACTERISTICS HERE, BECAUSE THOSE ARE DIFFERENT FROM NOT JUST ACROSS THE STATE, BUT IT VARIES EVEN WITHIN THIS COUNTY IN TERMS OF WHAT YOU'RE DEALING WITH, THE AGE OF YOUR DEVELOPMENT AND HOW THAT SHAPES THINGS. WE'RE GOING TO BE LOOKING AT, OF COURSE, LINING UP WITH YOUR TEXAS WATER DEVELOPMENT BOARD STANDARDS FOR THAT. SOME BEST PRACTICES, IF YOU WANT TO STEP INTO SOMETHING LIKE COMMUNITY RATING SYSTEM, SET YOU UP FOR THAT. SO IF YOU WANT TO PURSUE THOSE TYPES OF FLOOD INSURANCE DISCOUNTS, YOU'VE GOT A PATH TO THAT. WITHIN PARKS AND RECREATION, THIS FOCUS IS TAKING YOUR RECENTLY ADOPTED PLAN, BRINGING IT INTO THE REGULATORY SPACE IN TERMS OF HOW DO YOU REQUIRE PARK PARKLAND DEDICATION, PARKLAND DEVELOPMENT? WHEN IS A FEE IN LIEU VERSUS BUILD THE PARK, AND EVERYTHING IN BETWEEN? THIS WILL ALSO FOCUS AGAIN ON THE VIBE SYSTEM STANDARDS, TRAIL SYSTEM STANDARDS AND THEN SIGN REGULATIONS. THIS IS GOING TO BE LOOKING AT A LOT OF CASE LAW THAT HAS OCCURRED OVER ABOUT THE LAST DECADE AND A HALF OR SO, THAT HAS REALLY SHAPED HOW THESE THINGS ARE WRITTEN. NOW. IT'LL BE A FOCUS ON HOW DO WE WRITE THIS FOR GOOD CONTENT NEUTRALITY FOR FIRST AMENDMENT PURPOSES? ALSO, IT'S A VERY TEXT HEAVY PART OF YOUR CODE RIGHT NOW. MOST PEOPLE UNDERSTAND SIGNS VISUALLY. WE'RE GOING TO SHIFT THIS AS MUCH AS POSSIBLE INTO A VISUAL COMMUNICATION, NOT JUST IN THE SIGN REGULATIONS, BUT REALLY THROUGHOUT YOUR YOUR REGULATORY FRAMEWORK HERE.

WITHIN SITE DEVELOPMENT, GET YOUR PROCESSES AND TIMELINES ALL LINED UP WELL, ADD SOME GOOD CROSS REFERENCE STANDARDS FOR ISSUES LIKE GRADING, FLOODING, LANDSCAPING, ALL THESE TYPES OF THINGS THAT ALSO APPEAR IN THE CRITERIA MANUAL. BRING YOUR PROCESSES TOGETHER.

RIGHT NOW THEY ARE DISJOINTED. THEY SOMETIMES RUN INTO EACH OTHER. WE WANT THAT TO BE A SMOOTH, LINEAR PROCESS. WE'LL BE, OF COURSE, PULLING IN STANDARDS FROM THE MOBILITY PLAN. WHAT WE TEND TO DO WHEN YOU HAVE A BRAND NEW MOBILITY PLAN LIKE THIS, OR ONE THAT'S ACTIVELY IN DEVELOPMENT, RATHER THAN PUTTING THE STREET SECTIONS INTO THE CODE, WE ACTUALLY ADOPT BY CROSS REFERENCE TO YOUR MOBILITY PLAN. THAT'S BECAUSE THAT ALLOWS YOU TO BRING IN A LOT MORE OF THE POLICY PERSPECTIVE WITH THAT, AND YOU'VE GOT A REALLY CLEAN SET OF SECTIONS RIGHT THERE THAT PEOPLE EASILY UNDERSTAND, KNOW WHEN AND HOW TO APPLY EACH TYPE. AND AGAIN, SIMPLIFYING DEFINITIONS, ADDRESSING SOME OF YOUR YOUR, YOUR ROADWAY NETWORK NEEDS, THINGS LIKE THAT. WALKABILITY OFTEN COMES DOWN TO NETWORK DESIGN. HOW DO YOU MAKE SURE THINGS CONNECT WELL ALONG THE WAY? SUBDIVISIONS. THIS. THIS IS WHERE THE STATE LEGISLATURE LEGISLATURE SLID IN AND REALLY REWROTE THE WHOLE CHAPTER IN STATE LAW REGARDING SUBDIVISION REGULATIONS. THAT MEANS MOST CITIES ARE DOING SOMETHING SIMILAR. YOU WILL NOT BE AN EXCEPTION TO THAT. SO WE'RE GOING TO BE LOOKING AT ADMINISTRATIVE PROCESSES WITH THIS. IT'S A MINISTERIAL PROCESS ANYWAY. AND THEN USE THAT AS A TOOL FOR SOMEBODY WANTING TO DEVIATE. THEY LOSE THAT ADMINISTRATIVE APPROVAL PATH AND IT SHIFTS INTO A DISCRETIONARY APPROVAL. WE'LL LOOK AT LOCAL TRAFFIC REGULATIONS. THIS AGAIN PULLS IN THE MOBILITY PLAN RECOMMENDATIONS FOR HOW TO ADDRESS TRAFFIC MANAGEMENT TRAFFIC IMPACTS. BUT ALSO YOUR NONTRADITIONAL MOBILITY METHODS. WHETHER IT'S GOLF CARTS BUILDING OUT THIS VIBE PLAN, VISION, THINGS THAT ARE A LITTLE BIT DIFFERENT AND VERY SPECIFIC. YOUR UTILITIES, OF COURSE, PLAY INTO THIS FOR ADEQUATE PUBLIC FACILITIES.

WITH GROWTH COMES DEMAND. WITH DEMAND COMES THE CONVERSATIONS YOU HAVE ABOUT CAPITAL IMPROVEMENTS, THINGS LIKE THAT. SO MAKE SURE THAT YOUR CODE IS SET UP SO THAT DEVELOPMENT IS PAYING ITS WAY AND AN APPROPRIATE PROPORTIONAL MANNER. THEN LASTLY HERE ZONING, WE'RE GOING TO LOOK AT SOME ZONING DISTRICT CONSOLIDATION. YOU HAVE MANY DISTRICTS THAT ARE NOT USED AT ALL OR BARELY USED. MY PERSONAL FAVORITE IS YOU HAVE A BILLBOARD ZONING DISTRICT THAT IS, I THINK ON A QUARTER OF AN ACRE IN YOUR WHOLE CITY, THAT'S THE ONLY PLACE IT APPEARS. SO SOME THINGS LIKE THAT THAT WE WANT TO ADDRESS, BUT ALSO IT'S ALSO ABOUT SIMPLIFYING YOUR DISTRICT SYSTEM AND LEVERAGING USE BASED STANDARDS INSTEAD. WITH THAT, WE'RE GOING TO REWRITE YOUR PERMITTED USES TABLE. RIGHT NOW USE SOMETHING CALLED SIC CODES.

SIC CODES. THOSE ARE VERY SPECIFIC. THEY ARE ALSO NOT INTENDED FOR REGULATORY PURPOSES. SO THEY'RE TYPICALLY MORE IN THE ECONOMICS AND TRACKING KIND OF INFORMATION.

LOOKING AT YOUR PARKING STANDARDS OF COURSE MARKET BASED. ONE OF THE INNOVATIVE THINGS WE'RE LOOKING AT IS A POINT SYSTEM BASED APPROACH FOR A COUPLE OF REASONS. IT'S VERY PREDICTABLE, IT'S VERY OBJECTIVE, AND IT GIVES YOU A WAY TO DIAL IT UP OR DOWN. IF YOU WANT TO REWARD HIGHER QUALITY DEVELOPMENT. THAT'S WHERE WE REALLY LIKE IT. SO WE'RE LOOKING AT WE'RE GOING TO LOOK AT THAT AND ALSO TAKE ANOTHER LOOK AT YOUR LIGHTING

[02:00:05]

REGULATIONS. WHETHER YOU WANT TO GO DOWN A FULL DARK SKY SORT OF PATHWAY. WE ALWAYS PUT A BIG ASTERISK NEXT TO THAT, THAT THAT DOESN'T MEAN IT IS DARK ON THE GROUND. IT MEANS THAT IT IS DARK IN THE SKY. IT'S STILL A HIGHLY EFFECTIVE APPROACH TO LIGHTING THAT FOCUSES ON EFFICIENCY. LANDSCAPING. THIS IS ONE OF THE MORE CONFUSING PARTS OF YOUR REGULATIONS.

TODAY, WE'RE GOING TO WANT TO MAKE SURE THAT THIS IS BROUGHT IN AND FOCUSES ON THE CLIMATE WHERE WE ARE. HERE IN CENTRAL TEXAS, YOU HAVE A FEAST AND FAMINE APPROACH TO RAINFALL. SO YOU GOT TO BE DROUGHT TOLERANT. YOU GOT TO THINK ABOUT DIFFERENT TYPES OF SOIL, THE TYPES OF PLANTS THAT WORK WEST OF I-35 AND EAST OF I-35 ARE VERY DIFFERENT ROCKY SOIL VERSUS VERY CLAYEY, HIGH PLASTICITY SOILS THAT DO MUCH DIFFERENT THINGS. AND ALSO LOOKING AT HOW TO ADDRESS TREE PRESERVATION AND ADDRESSING THAT SEPARATELY FROM YOUR LANDSCAPE ALONG THE WAY. SO THAT IS A BIG, BROAD OVERVIEW. I'D LOVE TO GET SOME FEEDBACK FROM YOU ALL. AND THEN I'LL FINISH UP WITH A WHAT HAPPENS AFTER THIS STEP. SO I'M GOING TO HUSH UP HERE FOR A MINUTE, GIVE YOU ALL A SHOT AT ME OKAY. ANY QUESTIONS? DOCTOR HARRIS, I WOULD REALLY LIKE TO SEE INCENTIVES FOR WATER CONSERVATION, AS WELL AS LIVABILITY STANDARDS AND DEVELOPMENTS WHERE EVERYTHING IS NOT JUST HOUSE, HOUSE, HOUSE, HOUSE OR APARTMENTS ALL CRAMMED TOGETHER LIKE WE'RE SEEING NOW. I'M ESPECIALLY PLEASED TO SEE TREE ORDINANCES AND LIGHTING ORDINANCES BEING INCLUDED AS IMPORTANT FOCUS AREAS IN THIS.

WE HAVE SOME ISSUES RIGHT NOW WITH DEVELOPMENTS CLEAR CUTTING, ALTHOUGH THEY CERTAINLY SHOULD NOT HAVE DONE THAT. THEY HAVE, AND VERY LITTLE APPRECIATION BY SOME DEVELOPERS OF EITHER WATER CONSERVATION OR LIGHTING OR THE TREES. SO I REALLY WOULD LIKE FOR US TO BEGIN TO EMPHASIZE THAT MORE. SURE. ANYBODY ELSE? COUNCIL MEMBER ZAPATA I'M GOING TO HAVE FUN WITH THIS ONE TOO.

SO SHE'LL BE UP THERE FOR A MOMENT. BUT I'M GOING TO REITERATE THIS EVERY CHANCE I GET. BUT DISPLACEMENT IS ONE OF MY NUMBER ONE CONCERNS. SO I GUESS MY QUESTION IS, ARE THERE TOOLS WITHIN THE UDC THAT STAFF IS CONSIDERING, OR THAT YOU'LL HAVE FOUND THAT CAN HELP RETAIN EXISTING HOUSING STOCK, ESPECIALLY OLDER AND MORE AFFORDABLE HOMES? ABSOLUTELY.

AND THERE'S THERE'S A LONG LIST OF TOOLS THAT CAN BE USED TO ADDRESS THAT. THE THING THAT'S SO INTERESTING ABOUT DISPLACEMENT ISSUES IS THE CAUSE OF DISPLACEMENT VARIES FROM CITY TO CITY, COMMUNITY TO COMMUNITY, EVEN NEIGHBORHOOD TO NEIGHBORHOOD. SO YOU HAVE TO REALLY LOOK AT IT AND CURATE THAT. WE'RE REALLY EXCITED ABOUT HOUSING WORKS, BEING ACTIVE HERE. WE WORKED WITH THEM SOME IN THE PAST AND HAVING SOME GOOD CONVERSATIONS WITH THEM ABOUT WHAT ARE THEY SEEING ON THE GROUND HERE. DISPLACEMENT IS SOMETHING THAT WE EMPHASIZE A LOT IN OUR CODE WORK, IN PART BECAUSE I ACTUALLY LIVE IN A COMMUNITY THAT HAS BEEN SUBJECT TO DISPLACEMENT. I LIVE IN THE DUNBAR NEIGHBORHOOD OF SAN MARCOS, AND SO IT'S A LITTLE BIT PERSONAL FOR ME. IT'S SOMETHING WE THINK ABOUT A LOT, BUT IN TERMS OF DIFFERENT TOOLS, ONE OF THE THINGS WE WERE TALKING ABOUT IN THIS IS A FORM BASED CODE THAT'S IMPORTANT TO CONSIDER, BECAUSE IT CAN BE A TOOL TO HELP WITH DISPLACEMENT CHALLENGES. IF YOU DON'T CALIBRATE IT CORRECTLY, IT CAN ACTUALLY EXACERBATE THEM. SO YOU HAVE TO BE REALLY CAREFUL ABOUT HOW YOU TOOL THAT. YOU HAVE TO THINK ABOUT. HOW DO YOU MOTIVATE PEOPLE TO PRESERVE EXISTING STOCK? WE CALL THIS NATURALLY OCCURRING AFFORDABLE HOUSING NOAA FOR SHORT. AND HOW DO YOU KEEP THAT IN PLACE? THAT CAN BE A MATTER OF THINGS LIKE ALLOWING NEXT INCREMENT OF DENSITY, BUT NOT A FULL BLOWN REDEVELOPMENT. IT CAN BE, YOU KNOW, ACCESSORY DWELLING UNITS. IT CAN BE. HOW DO YOU ALLOW FOR, YOU KNOW, DO THEY HAVE TO BE OWNER OCCUPIED OR NOT? THERE'S A LAUNDRY LIST OF TOOLS OUT THERE TO ADDRESS, BUT IT'S ALSO IMPORTANT TO NOTE THAT IT'S AN INCOMPLETE SENTENCE. FIXING IT IN YOUR DEVELOPMENT REGULATIONS IS KIND OF JUST PART OF THE STORY. TO REALLY COMPREHENSIVELY ADDRESS DISPLACEMENT, IT REQUIRES STUFF WELL OUTSIDE OF THE DEVELOPMENT CONVERSATION TOO. YEAH. AND I THINK I KNOW THAT IT'S IT'S ALL ABOUT A COMPLETE WRAPAROUND SERVICE, YOU KNOW, THAT WE HAVE TO LOOK AT WHEN WE TAKE DISPLACEMENT INTO CONSIDERATION. BUT I DO KNOW THAT A LOT OF IT CAN START WITH DEVELOPMENT CODE. SO I GUESS MY QUESTION IS WHEN IT COMES TO THE FORM BASED. THE AWARD IS FOR LEAVING MY MIND RIGHT NOW. BUT WHEN IT COMES TO THESE FORM BASED REQUIREMENTS, ARE THERE WAYS IN WHICH WE CAN ADDRESS THOSE? SO THAT WAY WE'RE NOT MAKING IT LIKE AN UNDUE BURDEN ON SMALL BUSINESSES. SOME SORT OF LIKE LENIENCY PHASED APPROACH

[02:05:05]

SOMETHING. BECAUSE THE OTHER THING THAT I'M WORRIED ABOUT IS DISPLACEMENT OF LOCAL AND SMALL BUSINESSES. YEAH, THAT'S ONE OF THE THINGS WE TALK ABOUT WITH FORM BASED CODES IS THEY'RE NOT A MONOLITHIC THING. MY BEST ANALOGY FOR IT IS FORM BASED CODES OPERATE KIND OF ON A THERMOSTAT. YOU CAN TURN THEM UP, YOU CAN TURN THEM DOWN. YOU CAN VARY HOW MUCH YOU TURN THEM UP AND DOWN BY THE TYPE OF ZONING DISTRICT IT IS OR SOMETHING LIKE THAT. SO YOU CAN DEFINITELY TAILOR TO THAT. YOU CAN ALSO TAILOR TO THE SIZE OF WHAT TYPE, THE SIZE OF THE PROJECT THAT'S INVOLVED. IF IT'S, YOU KNOW, SOMEBODY CONVERTING A HOUSE OR A GARAGE INTO THEIR BUSINESS, THAT'S A DIFFERENT THING THAN I'M GOING TO TAKE DOWN AN ENTIRE CITY BLOCK AND REDEVELOP. THOSE SHOULD HAVE VERY DIFFERENT STANDARDS AND DIFFERENT EXPECTATIONS. BUT THERE'S ALSO THINGS YOU CAN PLUG INTO FOR INCENTIVES. WHEN WE THINK ABOUT SMALL BUSINESSES, ONE OF THE KEYS IS HAVING AFFORDABLE PLACES TO LEASE TO GET STARTED.

IF YOU'RE A GOOD THING TO INCENTIVIZE CAN BE SMALL LEASE SPACES. YOU KNOW, THE 300 400 SQUARE FOOT KIND OF LEASE SPACE THAT CAN GET SOMEBODY CRANKED UP, AND SO YOU CAN FIND WAYS TO REWARD THAT TYPE OF DEVELOPMENT PATTERN VIA YOUR CODE. THAT'S A FEW OF THE LITTLE TIPS AND TRICKS YOU CAN DO WITH THAT. SOME OF IT ALSO IS THINKING ABOUT CONSERVATION TYPE STANDARDS FOR HOW DO YOU MAKE IT WORTH IT TO KEEP THE OLD THINGS? YEAH, YEAH, PRESERVATION IS ALWAYS THE MORE COST FRIENDLY THING TO DO AS WELL. AND SO YEAH, I THINK WHENEVER I WAS THINKING ABOUT THIS, I WAS CONSIDERING THINGS LIKE, OH, WELL, YOU KNOW, WE COULD BE, I THINK MORE LIKE EXPAND OUR ADAPTIVE REUSE PROVISIONS AND TO CREATE A MORE FRIENDLY ENVIRONMENT FOR SMALL BUSINESSES. AND ALSO I THINK ALSO IN TERMS OF RESIDENTIAL AREAS. SO THAT WAY IN CASE PEOPLE WANT TO MAKE CHANGES, IT DOESN'T TRIGGER LIKE A FULL, YOU KNOW, REDEVELOPMENT, YOU KNOW, NECESSITY OR STANDARDS BEING APPLIED. AND SO I THINK MY NEXT QUESTION IS WHEN ZONING INTENSITY IS INCREASED, WHAT SAFEGUARDS ARE BEING CONSIDERED TO PREVENT THE DISPLACEMENT OF EXISTING RESIDENTS. AND I THINK THAT'S SOMEWHAT SIMILAR. BUT THIS MIGHT JUST BE AND I'M NOT SURE IF THIS IS OUT OF SCOPE OF THE REPORT, BUT I WOULD LIKE US TO POSSIBLY CONSIDER AND MAYBE THIS IS SOMETHING THAT, ALONG WITH YOU ALL AND THE HOUSING ASSESSMENT THAT'S BEING DONE, BUT BEING ABLE TO PROVIDE A LIST OF, OF BASED ON WHAT YOU ALL HAVE SEEN IN THE CODE AND WHAT YOU HEAR FROM PUBLIC POSSIBLE ANTI-DISPLACEMENT TOOLS THAT WE COULD LATER USE FOR CONSIDERATION. YEAH, I'LL TRY TO ANSWER SOME OF THAT, BUT I THINK GIVEN THE INTEREST IN THE SUBJECT AND HOW IT INTERACTS WITH SO MANY DIFFERENT PLANS AND ASPECTS OF WHAT WE'RE TRYING TO DO AS A CITY, I THINK COMING BACK WITH A DISPLACEMENT POLICY STRATEGY, SOMETHING LIKE THAT WOULD BE MY RECOMMENDATION TO YOU. IF THE COUNCIL IS INTERESTED IN DOING THAT, WE CAN COME BACK AND TRY TO. IT'S PROBABLY GOING TO HIT LOTS OF DIFFERENT AREAS, BUT THEN YOU'D HAVE AN OVERALL STRATEGY. THAT'D BE MY RECOMMENDATION TO YOU IF THAT'S AN INTEREST, IF THAT'S KIND OF WHERE THAT IS 100% OF INTEREST TO ME, I THINK THAT WOULD BE GREAT. AND BECAUSE WE ALSO HAVE ALL THESE MOVING PARTS WITH ALL THESE DIFFERENT PLANS, HAVING ONE AREA WHERE IT'S CONGLOMERATED I THINK WOULD BE WOULD BE GREAT. IT'S DEFINITELY GOT AN ELEMENT HERE IN THIS. IT HAS AN ELEMENT IN OUR HOUSING STRATEGY, IT HAS AN ELEMENT IN THE MOBILITY PLAN AND LOTS OF OTHER AREAS. SO I THINK WE COULD CERTAINLY IF THAT'S AN INTEREST, WE CAN HAVE THAT AS A TAKEAWAY TO BRING THAT BACK TO YOU. I'M NOT SURE EXACTLY WHAT ALL THAT LOOKS LIKE, BUT WE CAN WE CAN CERTAINLY WORK ON THAT.

OKAY. ALL RIGHT. YOU'RE KIND OF RECOMMENDING OR BRINGING FORWARD LIKE A PROCEDURE POLICY FOR THOSE THAT ARE DISPLACED WITH WHATEVER IT IS, WHETHER IT'S UNEMPLOYMENT OR MEDICAL OR ELDERLY. NO. SO SO ANTI-DISPLACEMENT, THE ENTIRE PRACTICE OF IT IS MAKING SURE THAT PEOPLE WHO LIVE HERE CAN STAY LIVING HERE, WHETHER THAT'S THROUGH AFFORDABILITY ISSUES THAT WE CAN SOLVE, AGING IN PLACE, ISSUES THAT WE CAN SOLVE, THOSE WHO ARE ON A FIXED INCOME, AND PEOPLE WHO ARE DISPLACED BY ANY INFRASTRUCTURE THAT WE ARE PUTTING INTO PLACE.

SO LIKE ALL OF LIKE THE RIGHT OF WAY ACQUISITIONS AND STUFF LIKE, THOSE THINGS IMPACT DISPLACEMENT AND CAN LEAD PEOPLE TO HAVE TO BE PUSHED OUT OF THEIR HOMES A LOT FASTER BECAUSE LAND VALUES RISE WHERE THERE'S INFRASTRUCTURE GROWTH. AND SO IT'S JUST ABOUT TAKING A VERY HOLISTIC APPROACH AND LOOK AT HOW EVERYTHING THAT WE DO IMPACTS PEOPLE BEING ABLE TO AFFORD TO LIVE HERE. AND SO AS LONG AS WE'RE CONSCIOUS ABOUT THAT, THAT ENABLES US WITH TOOLS, WHICH I THINK IS WHAT'S BEING PRESENTED RIGHT NOW, TO BE ABLE TO LOOK AT THOSE THINGS MOVING FORWARD. IF I COULD, JUST TO ADD TO THAT, I THINK ONE OF THE THINGS THAT WE COULD DO IS PULL THIS TOGETHER A LITTLE BIT IN A WORK SESSION TYPE ENVIRONMENT, JUST LIKE

[02:10:01]

WE'RE DOING TONIGHT, GIVE YOU SOME CONCEPTUAL FRAMEWORK OF WHAT THAT MIGHT LOOK LIKE, AND GIVE THE COUNCIL AS A WHOLE AN OPPORTUNITY TO GIVE US FEEDBACK ON IF WE'RE HEADING IN THE RIGHT DIRECTION. DO YOU THINK THIS IS THE KINDS OF THINGS THAT YOU'RE LOOKING FOR AND THE REST OF THE GROUP? AND THEN IF SO, THEN WE WOULD BRING BACK SOMETHING AS A POLICY THAT YOU WOULD VOTE ON AT SOME POINT. BUT I THINK WE NEED TO PROBABLY GIVE SOME CONCEPTUAL IDEAS TOGETHER, HAVE A DISCUSSION. AND I THINK MAYBE COUNCIL MEMBER TOBIAS TO GIVE WHAT IS IT, WHAT IS IT NOT HOW FAR DO YOU WANT TO GO ON THAT CONTINUUM WITH THESE DIFFERENT POLICIES AND GIVE YOU GUYS A CHANCE TO THINK ABOUT THAT? AND THEN I THINK CERTAIN CITIES ARE STARTING TO DO KIND OF WHAT SHE'S STATING BECAUSE LIKE, AUSTIN HAS A HOUSING ISSUE AND THE AFFORDABILITY ISSUE, AND THEY'RE COMING UP WITH THEIR CITY COUNCIL ARE TRYING TO COME UP WITH WAYS FOR THAT, WHETHER IT'S AFFORDABILITY, WHETHER IT'S SPECIFIC GROUPS, VETERANS OR WHATEVER THE CASE MAY BE BECAUSE OF THE COST OF LIVING IS JUST GOING UP SO MUCH.

HAVING SOMETHING IN PLACE FOR THOSE THAT THAT WE WANT TO HAVE THEM STAY IN OUR CITY. BUT HAVING A PLAN, CORRECT TO SAY THIS IS WHERE WE'RE AT, WHETHER WE UTILIZE ANY FUNDING HERE OR IF WE GO AFTER GRANT MONEY LATER ON OR SOMETHING LIKE THAT, OR FIND OUT OTHER AVENUES, WE CAN BE ABLE TO HELP PEOPLE STAY IN THEIR HOMES 100%. AND I THINK ALL OF THE THE PLANS THAT WE'RE CURRENTLY DOING AND ALL THE ASSESSMENTS AND WHATNOT, THAT WILL ALSO GIVE US GREAT FEEDBACK AS TO, BASED ON THEIR FINDINGS AND THEIR RESEARCH, DIFFERENT TOOLS THAT ARE AVAILABLE. AND THEN IT WOULD BE UP TO US TO FIGURE OUT LIKE, OKAY, WHAT DO WE WANT? WHAT DON'T WE WANT, WHAT FITS, WHAT DOESN'T FIT. AND SO I THINK IT'S JUST ABOUT LAYING OUT THOSE TOOLS FOR US. AND THEN WE GET TO DECIDE WHAT WE DO WITH THAT. YEAH, THAT'S TRUE BECAUSE WE ALSO HAVE A LOT OF NONPROFITS IN OUR GROUP IN OUR CITY THAT COULD, LET'S SAY THE LIONS CLUB COULD BE ABLE TO PARTNER UP WITH THAT, YOU KNOW, BECAUSE, YOU KNOW, YOU'RE YOU WORK WITH A GREAT ORGANIZATION, MARK. AND SO IT COULD BE FOCUSING ON THAT AND PARTNERING UP WITH THOSE TYPE OF GROUPS THAT ALSO GOES BACK TO THE HOUSING AND SO FORTH. AND THEN I JUST ALSO WANT TO STRESS, AND I KNOW YOU TALKED ABOUT THIS IN THE PRESENTATION ABOUT THE CONNECTIVITY. BUT WHEN IT COMES TO ADDRESSING LIKE OUR SIDEWALKS AND WHATNOT, I JUST REALLY WANT TO MAKE SURE THAT WE'RE EMPHASIZING THAT THEY NEED TO BE CONTINUOUS AND CONNECTED. SO THAT WAY WE ARE ADDRESSING SOME OF THESE SIDEWALK GAPS. AND WE ALSO DON'T LET DEVELOPERS KIND OF WEASEL THEIR WAY OUT OF, YOU KNOW, PROVIDING A SIDEWALK WHEN IT'S DESPERATELY NEEDED. I THINK THE OTHER QUESTION THAT I HAD IS ABOUT, I KNOW THAT WE TALKED ABOUT FOOD TRUCKS, AND SO I'M JUST WANTING TO MAKE SURE THAT WHAT WE'RE DOING IS ACTUALLY TO HELP EASE THE BURDEN THAT FOOD TRUCKS ARE CURRENTLY FACING. SURE. AND THAT IS ONE OF THE AREAS WE'RE LOOKING AT. PART OF ACTUALLY, WHAT WE'RE KIND OF WAITING ON RIGHT NOW IS THERE WAS STATE LEGISLATION RELATED TO FOOD TRUCKS, PARTICULARLY HOW THEY HANDLE, LIKE THEIR HEALTH REGISTRATIONS AND ALL THAT. THEY'RE SUPPOSED TO BE GOING THROUGH A RULEMAKING PROCESS FOR THAT OVER, I THINK, LIKE THE NEXT 6 TO 9 MONTHS AT THE STATE, WE'LL SEE IF THEY HOLD TO THAT SCHEDULE. I'M NOT OPTIMISTIC, BUT THE BUT WE WANT TO SEE HOW THAT PLAYS OUT. OR IF WE CAN AT LEAST GET PRELIMINARY INDICATION OF WHERE THAT'S GOING. BECAUSE IF THE STATE LAW IS GOING TO RESOLVE PART OF THIS, YOU KNOW, WE DON'T WANT TO TRY TO DUPLICATE. WE WANT TO LET THEM FIGURE OUT WHAT THEY'RE GOING TO DO AND THEN FIGURE OUT, OKAY, AT THE LOCAL GOVERNMENT LEVEL, WHERE AND HOW DO YOU NEED TO INSERT YOURSELF INTO THAT CONVERSATION AND DO SO TO THE NECESSARY TO ACHIEVE YOUR POLICY OUTCOME? OKAY. ALL RIGHT. AND THEN I GUESS MY FINAL QUESTION IS, I KNOW THAT WE TALKED ABOUT LET'S MAKE THIS LESS CLUNKY AND LET'S INSERT MORE GRAPHICS AND GRAPHS AND TABLES AND MAPS ONE AS A PART OF THAT. IS IT POSSIBLE THAT WE CAN IDENTIFY AND MAP GEOGRAPHIES WHERE SIDEWALKS, CROSSINGS, LIGHTING, AND PEDESTRIAN CONNECTIVITY ARE REQUIRED BY. RIGHT? JUST SO THAT WAY, WHENEVER PEOPLE DO REFER TO THE CODE, IT'S IT'S ALREADY VERY CLEARLY LAID OUT ON A MAP. OH YEAH. LIKE WHERE IT MIGHT BE LIKE IF YOU WANT TO HAVE LIKE A VARIABLE STANDARD WHERE, YOU KNOW, IT'S A HARD REQUIREMENT IN THESE AREAS AND THESE OTHER AREAS YOU CAN EXPLORE, I DON'T KNOW, A FAMILY OR SOMETHING. EXACTLY. OKAY. YEAH. OKAY. THAT'S PLAUSIBLE AND CAN BE DONE. OKAY. ALL RIGHT. AND THAT'S IT. THAT'S ALL MY QUESTIONS. THANK YOU SO MUCH. I REALLY APPRECIATE YOUR TIME ON THIS OKAY. ANYBODY HAVE ANY OTHER QUESTIONS? NOPE.

WE'RE GOOD OKAY. IS THERE ANY DIRECTION THAT YOU NEED FROM US, MISS MCCALLUM? SURE. I THINK WE WERE JUST GOING TO KIND OF END THE NEXT COUPLE OF SLIDES JUST TO KIND OF TALK ABOUT OUR CODE PROCESS, HOW WE'RE CONTINUING WITH THIS CODE DIAGNOSTIC. WE'RE REALLY TRANSITIONING OVER TO SOME OF THE DRAFTING OF THE CODE AND MODULES. AND WE'LL CONTINUE TO MEET WITH OUR STAKEHOLDER GROUPS AND CONTINUE TO COME BACK TO YOU FOR CONSIDERATION AND APPROVAL. SO WE ARE USING THE PLANNING ZONING COMMISSION TO REALLY KIND OF BE THE THE SEAT SEATS

[02:15:04]

AT THE TABLE TO REALLY KIND OF GET INTO THE WEEDS ON THIS. SO WE'LL CONTINUE TO ENGAGE WITH, WITH THAT COMMISSION AS, AS WELL, KNOWING THAT THIS WILL OBVIOUSLY COME BACK TO COUNCIL FOR, FOR FINAL ADOPTION TOO. BUT AND THEN THIS IS KIND OF JUST GENERALLY KIND OF THE SCHEDULE. YOU CAN KIND OF SEE WE'VE COMPLETED THE DIAGNOSTIC AND WE'RE REALLY TRYING TO BREAK UP THE MODULES INTO BITE SIZE PIECES TO TO LOOK AT THOSE INDIVIDUAL CONCEPTS. AND WE'LL COME BACK WITH ADDITIONAL CHECK INS. WHEN I SAW THAT PLANNING AND ZONING AND CITY COUNCIL MANY YEARS AGO, I DON'T KNOW IF THE REST OF Y'ALL WERE, OF COURSE NOT. MAYBE NOT ON COUNCIL, BUT WE HAD A GROUP COMBINED MEETING WORKSHOP WITH PLANNING AND ZONING AND THEN US WITH THAT KIND OF IN GETTING DIFFERENT TYPES OF IDEAS AND STRUCTURES AND SO FORTH. IT SEEMS LIKE IN 2022, 21 WHEN WE HAD THAT. SO I WONDER IF WE COULD MAYBE LOOK AT DOING SOMETHING LIKE THAT. ABSOLUTELY, YES. YOU KNOW, AS A WORKSHOP OR SOMETHING LIKE THAT. YOU WOULD LOVE THAT. YEAH. AS WELL AS STAFF WOULD TOO. SO YES, IF YOU'RE IF YOU'RE WILLING TO DO SOME COMBINED KIND OF WORKSHOP MEETINGS, ADDITIONAL MEETINGS, THAT WOULD BE AWESOME. VERY INFORMATIVE TO GET THEIR OPINION VERSUS, YOU KNOW, FEED OFF EACH OTHER. EXACTLY. YEP.

ABSOLUTELY. OKAY. ANYBODY ELSE? ALL RIGHT. WELL THANK YOU I APPRECIATE IT. THANK YOU, THANK YOU. ALL RIGHT. WE'RE CONTINUING TO MOVE ON AND WE'RE TRUCKING DOWN THE ROAD. CONSENT

[VI) Consent Agenda]

AGENDA. IS THERE ANYBODY THAT WOULD LIKE TO PULL ANY ITEMS FROM THE CONSENT? YES, DOCTOR.

HARRIS. COUNCILMEMBER. YES. TOBIAS, IF I COULD, I DID WANT TO MAKE MENTION THAT ITEM 12 STAFF IS REQUESTING THAT WE PULL THAT ITEM FROM CONSIDERATION TONIGHT. OKAY.

THERE ARE SOME ISSUES WITH THAT. SOME OF THE LANGUAGE THAT WE HAD IN THE POSTING, WE WANT TO CORRECT THAT. SO YES, SIR. IF YOU COULD PULL THAT FROM CONSIDERATION WE WOULD. NO PROBLEM. THANK YOU. OKAY. OKAY. DOCTOR HARRIS, I'D LIKE TO PULL ITEM SIX FOR JUST SOME EDUCATION FOR US ABOUT THIS PROJECT. SINCE IT'S A RESEARCH PROJECT, I THINK IT'S REALLY INTERESTING AND HAS A LOT OF POTENTIAL, BUT I'D LIKE FOR US TO UNDERSTAND IT BETTER. I WOULD LIKE TO PULL ITEM NUMBER SEVEN, JUST FOR A QUICK QUESTION ON HOW MANY NEW METERS WE'RE LOOKING AT. THE THERE JUST WASN'T ANY LISTING ABOUT EXACTLY WHAT THIS NEW EXPENSE WAS GOING TO COVER. THEN I WOULD LIKE TO PULL ITEMS NUMBER NINE THROUGH 14, WITH THE EXCEPTION OF 12, WHICH HAS ALREADY BEEN PULLED AS A GROUP TO TALK ABOUT THE PROCESS FOR LOOKING AT THESE FIVE YEAR CONTRACTS. I THINK THAT'S ALL I WANT TO PULL. NO PROBLEM. WAS THERE NUMBER 16 AS WELL, OR THAT WOULD BE NUMBER 16 ON MY END? YEAH, I THINK YOU HAVE THAT. SO YOU WOULD LIKE SO FAR 614 SEVEN. WHAT ABOUT NUMBER EIGHT. YEAH. NO. OKAY. NINE THROUGH 14, NINE THROUGH 14. EXCEPT 12 HAS ALREADY BEEN PULLED. OKAY. AND THEN I'D LIKE FOR NINE THROUGH 14 EXCEPT FOR 12 TO BE CONSIDERED AS A GROUP OKAY. NO PROBLEM. ANYBODY ELSE? MR. MCKINNEY, DID YOU SAY I'M GOING TO PULL YOUR ITEM SIX SEVEN AND LET'S COMBINE NINE, TEN, 11, 13, 14 AS A GROUP. OKAY. AND THEN SOME CLARIFICATION ON NUMBER 16. AND ANYBODY ON THIS SIDE WOULD LIKE TO PULL ANY ITEMS IF ASK A QUICK QUESTION ON CONSENT. JUST A QUICK QUESTION ON 17. OKAY. QUICK QUESTION ON 17 AS WELL. OKAY. ANYBODY ELSE? COUNCILMAN MEDINA YOU'RE GOOD. OKAY. IF NOT, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER EIGHT. AGENDA ITEM NUMBER 15, 18 AND 19. SECOND. SECOND MOTION. MOTION MADE BY DOCTOR HARRIS. ANY DISCUSSION ON THOSE ITEMS? OKAY. THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED OKAY. MOTION PASSES FOR THOSE ITEMS. SO WE'RE GOING ON TO COUNCIL MEMBER HARRIS'S ITEM

[6) Consider approval of a resolution authorizing a 3-year Interlocal Agreement with Texas State University for the Lake Kyle Water Quality Improvement Project in the amount of $456,546. ]

NUMBER SIX, CONSENT NUMBER SIX. CONSIDER APPROVAL OF RESOLUTION AUTHORIZING THREE YEAR INTERLOCAL AGREEMENT WITH TEXAS STATE UNIVERSITY FOR LAKE KYLE WATER QUALITY IMPROVEMENT PROJECT IN THE AMOUNT OF $456,000. DOCTOR HARRIS. YEAH, I'D LIKE TO GO THROUGH THE PRESENTATION ON THIS AND BETTER UNDERSTAND WHAT THE OBJECTIVES ARE AND THE SCOPE. ABSOLUTELY.

SO THIS IS AN ITEM FOR LOOKING AT WATER QUALITY IMPROVEMENT FOR RECREATIONAL USES FOR LAKE

[02:20:06]

KYLE A LITTLE BIT BUT A LITTLE BIT OF BACKGROUND. SO THE CITY OF KYLE IS THE HEADWATERS OF PLUM CREEK BY HEADWATERS SWIMMING. WE ARE THE VERY UPSTREAM END OF PLUM CREEK AND BEING THE MOST, WELL, THE FASTEST GROWING, ONE OF THE FASTEST GROWING CITIES. IT IS NOT UNCOMMON THAT WE GET BLAMED FOR THINGS THAT GOT PUT INTO PLUM CREEK. SO CURRENTLY PLUM CREEK IS IMPAIRED, MEANING THAT THE AMOUNT OF POLLUTANTS. SO IT'S IMPAIRED FOR E COLI, MEANING THAT THE CONCENTRATION OF E COLI IS EXCEEDING THE LIMIT FROM THE EPA AND IT'S UNSAFE FOR ANY CONTACT. FOR RECREATIONAL USES, THIS COULD INCLUDE WADING, FISHING, SWIMMING. AND THAT IS A CONCERN FOR US BECAUSE THE THE DOWNSTREAM SOMETIMES WILL THINK THAT THE CITY OF KYLE IS RESPONSIBLE FOR THOSE POLLUTANTS. AND ABOUT 8.6%. I'M SORRY, I'M PROBABLY GOING TO SWITCH SLIDES HERE. ABOUT 8.6% OF THE ENTIRE CITY DRAINS INTO LAKE, AND LAKE. KYLE IS KIND OF A FLOW THROUGH LAKE ON PLUM CREEK. SO THE GOAL OF THIS PROJECT IS FOR US TO LOOK AT WHAT THE CURRENT WATER QUALITY CONDITION IS IN LAKE KYLE AND EXPLORE WAYS TO HELP. ALSO, THE PARKS DEPARTMENT TO SUPPORT RECREATIONAL USES FOR THESE LAKES ON PLUM CREEK. SO THIS IS THE DRAINAGE AREA, 1815 ACRES AND ALSO COLLECTS STORMWATER RUNOFF FROM THE DOWNTOWN KYLE. SO THE NEXT SLIDES WILL SHOW YOU KIND OF WHERE THE LOCATION OF LAKE KYLE ON THE LEFT SIDE. WE'RE SHOWING PLUM CREEK ON THE NORTHEAST CORNER OF THAT GRAPH.

AND THEN YOU CAN SEE LAKE KYLE WITH THAT LITTLE RED STAR AND THE RIGHT SIDE OF THE PICTURE.

THAT IS THE ENTIRE DRAINAGE AREA OF LAKE. SO ALL THIS AREA, INCLUDING DOWNTOWN KYLE DRAINS INTO LAKE KYLE. SO IT IS A VERY GOOD REPRESENTATION OF THE WATER QUALITY HERE IN KYLE. AND A LITTLE BIT OF OVERVIEW OF THIS PROJECT. SO FROM A A VERY DIRECT OBJECTIVE FOR THIS PROJECT IS THIS WILL ALLOW US TO SUPPORT RECREATIONAL USES FOR THESE WATER BODIES WITHIN THE CITY. AND FROM KIND OF A BROADER VIEW RIGHT NOW. SO IT IS COMMONLY THAT WHEN A WATER BODY IS IDENTIFIED AS IMPAIRED FOR A CERTAIN POLLUTANT, IT WILL BE PUT ON AN EPA, WHAT IT CALLED A 303 LIST. AND WHEN YOU'RE ON THE 300 3D LIST, EPA WILL REQUIRED TO DO A TMDL, WHICH MEANS TOTAL MAXIMUM DAILY LOAD. WHEN YOU'RE UNDER THAT, EACH DRAIN. EACH. DRAINAGE AREA, WATERSHED. IT COULD BE DIVIDED BY MUNICIPAL BOUNDARIES. YOU'RE ALLOCATED A CERTAIN AMOUNT THAT YOU CAN DRAIN INTO THE WATER BODIES EACH YEAR. USUALLY IT'S BETWEEN E-COLI NUTRIENT OR TOTAL SUSPENDED SOLIDS. HOWEVER, IT'S KIND OF A FORTUNATE AND UNIQUE CASE FOR THE CITY THAT THE PLUM CREEK WATERSHED IS NOT PUT ON A TMDL, BUT INSTEAD IT'S PUT ON A WATERSHED PROTECTION PLAN. AND IT'S I THINK WE'VE BEEN ON THERE FOR ABOUT TEN YEARS. WE DON'T KNOW HOW LONG THE STATE IS GOING TO ALLOW US TO STAY ON THAT. THE GOOD THING WITH THAT, COMPARED TO A TMDL, IS ANY OF THE ACTION WE TAKE IS NOT ENFORCED. SO ONCE IF THE STATE DECIDES TO PULL US OFF THE WATERSHED PROTECTION PLAN PUT US ON A TMDL, WE ARE REQUIRED TO REDUCE OUR LOAD FOR E.COLI. WHAT IT MEANS FOR US COULD BE WE HAVE TO RETROFIT A LOT OF OUR DETENTION PONDS, AND THAT IS NOT A SMALL COST FOR US. RETROFITTING ALL THOSE EXISTING FACILITIES. SO FROM A KIND OF A BIGGER VIEW FOR THIS PROJECT WE'RE TAKING, THIS IS A PROACTIVE STEP FOR US TO TAKE BETWEEN SUPPORTING THE RECREATIONAL USE AND LOOK AT INNOVATIVE WAYS FOR US TO PROACTIVELY IMPROVE OUR WATER QUALITY, AND ALSO, ONE OF THE DEVICES WE'RE USING IS FLOATING WETLANDS. AND I'LL HAVE A PICTURE SHOWING SOME EXAMPLES. IT WILL ALSO PROVIDE ESTHETIC VALUES TO THE WATER BODY. AND THESE FLOATING WETLANDS CAN ALSO BE IMPLEMENTED ON DIFFERENT WATER BODIES. AND ONE OF THE OUTCOMES FOR THIS PROJECT ALSO THAT THE CITY WILL

[02:25:03]

BE FEATURED IN A PEER REVIEWED ARTICLE. THIS IS KIND OF GOING THROUGH A LITTLE BIT OF PROJECT SCOPE. THIS IS A THREE YEAR INTERLOCAL PROJECT. FIRST YEAR. WE FOCUS ON UNDERSTANDING WHERE WE'RE AT. ALTHOUGH BEING IMPAIRED FOR E COLI, THERE IS NOT A WHOLE LOT OF MONITORING OF THE WATER QUALITY. TELL US WHAT OUR CURRENT SITUATION IS. SO THAT'S WHAT WE WANT TO FOCUS TO COLLECT SOME WATER, WATER QUALITY DATA OF LAKE KYLE AND PREPARING FOR THOSE FLOATING WETLANDS. YEAR TWO WE FOCUSED ON IMPLEMENTING THESE WETLANDS AND BETWEEN YEAR TWO AND YEAR THREE AFTER IMPLEMENTATION. SO FOR PEER REVIEWED ARTICLES AND FOR SCIENTIFIC DATA, A LOT OF TIMES YOU DO NEED LONGER THAN ONE YEAR OF DATA TO BE ABLE TO TELL THE FULL STORY. SO WE'RE LOOKING AT THE FISCAL YEAR 2728 TO REALLY MONITOR THE PERFORMANCE OF THESE FLOATING WETLANDS ON LAKE KYLE. AND HERE'S THE GRAPH OF THE PROJECT TIMELINE AND SOME EXAMPLES OF THE ACTUAL FLOATING WETLANDS BEING IMPLEMENTED IN DIFFERENT CITIES. SO THEY PROVIDE A STATIC VALUE AND THEY WILL ACTIVELY PICK UP NUTRIENT AND PICK UP E COLI, FORM COLONIES AND HELP IMPROVE THE WATER QUALITY. AND THE CITY IS FOR THIS PROJECT WILL BE USING AN INTERLOCAL AGREEMENT AND THE TOTAL CONTRACTS 456,546 FOR THREE YEARS. AND YOU CAN SEE YOU CAN SEE THE YEAR ONE, TWO, THREE BREAKDOWN OF EACH ALLOCATION. AND THEN THOSE FUNDINGS WILL ONLY BE APPROVED ON A YEARLY BASIS, MEANING TODAY, AS OF TODAY, WE'RE APPROVING THE 165,000 THAT WE'RE ASKING FOR. AND THEN OPTION ONE IS TO APPROVE THE RESOLUTION AS WRITTEN FOR THREE YEARS WITH TEXAS STATE UNIVERSITY, THE AMOUNT OF 456,546 AND OPTION TWO IS DO NOT APPROVE AND STAFF RECOMMENDING APPROVE THE INTERLOCAL AGREEMENT. I'LL TAKE QUESTIONS. DOCTOR HARRIS, THIS DOES NOT INCLUDE ACTUALLY EVALUATING OR IMPLEMENTING ANYTHING IN PLUM CREEK. SO BECAUSE LAKE KYLE IS NOT ACTUALLY ATTACHED TO PLUM CREEK, IT'S IN THE WATERSHED. IT DRAINS INTO PLUM CREEK. SO IT'S IT'S IN THE DRAINAGE AREA TO THE PLUM CREEK. WHAT THIS. SO IF WE FIND THAT THESE FLOATING WETLANDS CAN HELP US IMPROVE THE WATER QUALITY IN LAKE KYLE, THESE CAN BE TRANSFERRED TO OTHER WATER BODIES AND HELP US IMPROVE THE WATER QUALITY. SO IF NECESSARY, WE CAN ACTUALLY MOVE THOSE TO PLUM CREEK. PLUM CREEK IS A DIFFERENT SCENARIO SOMEWHAT THAN OUR DETENTION PONDS, BECAUSE IT ACTUALLY HAS SOME SPRING SPRING FED COMPONENTS TO IT. COOL SPRINGS DOES AS WELL, BUT I DON'T THINK KYLE DOES. I THINK IT'S A CONSERVATION LAKE. AND AND, YOU KNOW, PART PLUM CREEK STARTS IN THE NEIGHBORHOOD OF PLUM CREEK. THAT'S WHERE IT ACTUALLY STARTS.

IT USED TO START ACROSS CULTURES CROSSING NO MORE DOES THAT WORK. IT STARTS ACTUALLY IN THE DRAINAGE AREA GOING INTO THE LAKES AND PLUM CREEK. SO THAT'S KIND OF THE START OF THE ANY POLLUTION PROBLEMS THAT MAY BE HAPPENING PERHAPS. SO I YOU KNOW, I SEE THAT THAT'S TWO KINDS OF EVALUATION. YOU KNOW, THE HEAD OF THE THE HEADWATERS OF THE AREA THAT MAY BE CONTRIBUTING AND THE DETENTION PONDS ARE KIND OF TWO DIFFERENT THINGS. SO TYPICALLY FOR HANDLING POLLUTIONS, THERE ARE TWO DIFFERENT WAYS. ONE IS SOURCE CONTROL, THE OTHER IS END REDUCTION. SO WITH SOURCE CONTROL YOU'RE REDUCING THE AMOUNT OF POLLUTANT THAT GOES INTO THE WATER BODY. THOSE INCLUDE THE UPPER UPSTREAM DRAINAGE AREA, DETENTION POND SOLUTIONS. AND YOU ALSO HAVE AN END REDUCTION WHERE YOU GO TO THE VERY END OF IT. ONCE YOU COLLECTED ALL THOSE WATER ALREADY AND YOU DEAL WITH ALL THE POLLUTANT REDUCTION AT THE OUTLET OF YOUR ISSUE. SO THESE CAN BE IMPLEMENTED BOTH IN UNDERSTAND THAT PLUM CREEK HAS A DIFFERENT WATER WATER. CONTENT. YES. THE WATER DIFFERENT WATER SOURCE THAN THE LAKE KYLE. BUT A LOT OF TIMES WHEN WE SEE E.COLI, IT'S COMING FROM THE FIRST FLUSH AFTER THE

[02:30:06]

RAINFALL. SO THERE'S A LOT OF SURFACE RUNOFF THAT WE'RE DEALING WITH. THE GROUNDWATER ACTUALLY, OUR LACK OF A BETTER TERM, VERY CLEAN COMPARED TO WHAT THE SURFACE WATER IS, OF COURSE. YEAH. SO THE MASTER NATURALIST, ABOUT FIVE YEARS AGO DID AN EVALUATION OF THE WATER BODIES RELATED TO PLUM CREEK, INCLUDING COOL SPRINGS AND LINEBERGER LAKE, AND WHAT WE FOUND WAS THAT THERE ARE SOME CONTRIBUTORS TO THE HEALTH OF THOSE BODIES, ESPECIALLY IN THE PLUM CREEK. WE FOUND A NUMBER OF TYPES OF MUSCLE, FIVE TYPES OF MUSCLE, ACTUALLY IN PLUM CREEK. BUT THEN WHEN WE DRAINED, LIKE LAKE KYLE, IF YOU SAW THE LAYER OF POND HORN AND PALM POND SHELL IN THAT LAKE, THERE WAS NOTHING ELSE. BUT THERE WERE. THERE WAS PROBABLY LAYER AFTER LAYER OF OF THOSE. SO THEY HAVE BEEN THE MAJOR SOURCE OF PROCESSING THE WATER, YOU KNOW, OF POLLUTANTS. HAVE WE LOOKED AND I REALIZE THIS STUDY IS NOT GOING TO ADDRESS THAT. BUT IS IT POSSIBLE TO COMBINE, INCLUDING THE MUSSELS AND A LOT OF THE I REALIZE A LOT OF THE E COLI CLEANUP IS BEING DONE BY THE MUSCLES AS WELL. SO I'D LIKE TO HAVE THOSE AT LEAST CONSIDERED. AND THE MEADOWS CENTER AS FAR AS. THE EVALUATE REGULAR EVALUATION OF THE PLUM CREEK. I KNOW MEADOW CENTER STREAM TEAM IS DOING REGULAR EVALUATIONS OF PLUM CREEK. I THINK IT'S STEEPLECHASE, BUT DON'T QUOTE ME ON THAT ONE. BUT I DO KNOW THEY'RE DOING AT LEAST ONE REGULAR EVALUATION ON THAT ONE. SO ARE WE GETTING THAT DATA? WELL, CERTAINLY REACH OUT TO THEM. YEAH. I KATHY RAKER STORMWATER PROGRAM. SO DOCTOR HARRIS, I COMPLETELY UNDERSTAND WHERE YOU'RE COMING FROM. AND I DO AGREE WITH YOUR STATEMENTS.

ONE OF THE THINGS SO I STARTED IN 2015 AND I STARTED AS THE STORMWATER ADMINISTRATOR. AND MY SOLE JOB IS TO TRY TO REDUCE POLLUTANTS INTO GOING INTO OUR WATERWAYS. AND SO AGAIN, AS LOU HAD SAID, WHENEVER, YOU KNOW, I FIRST STARTED OUR WASTEWATER TREATMENT PLANT WAS HORRIBLE.

SO WE WERE AUTOMATICALLY BLAMED. AND WE THERE WAS A LOT MORE E.COLI GOING INTO PLUM CREEK AT THAT TIME. SO EVERYBODY THOUGH, POINTED THE FINGER AT KYLE. EVERYBODY DID. IT WAS KYLE'S FAULT. IT'S KYLE'S FAULT. AND THIS GOES ALL THE WAY DOWN THAT 52 MILE STRETCH UNTIL IT HITS THE SAN MARCOS RIVER. WE WERE RESPONSIBLE FOR ALL OF IT. AND SO HERE I AM. BUT WE WEREN'T EXACTLY, EXACTLY. AND SO ONE THING OVER ALL THESE YEARS THAT NOW THAT I'VE BEEN WITH THE CITY OF KYLE, IT'S DRIVEN ME CRAZY BECAUSE AGAIN, I AM MY BACKGROUND IS IN ENVIRONMENTAL DEGREE AND I DO WANT TO PROTECT OUR WATERWAYS. AND SO I STARTED THINKING ALL THESE TIMES I WAS LIKE, HOW CAN WE HOW CAN WE REDUCE OUR POLLUTANTS IN STREAM? BECAUSE YES, WE'RE STARTING TO TRAP HOGS. THAT WAS SOMETHING THAT STARTED, I THINK, IN 2022, BECAUSE E COLI OR FECES FROM HOG WASTE WAS A MAJOR CONTRIBUTOR TO PLUM CREEK. WE DID FIND THAT OUT THROUGH A BACTERIAL SOURCE TRACKING, WHICH I FOUND VERY INTERESTING. BUT WE CAN'T JUST KILL ALL THE WILDLIFE. THAT'S THAT'S NOT AN OPTION. AND SO ONE OF THE REASONS THIS KIND OF CAME TO FRUITION IS HOW CAN WE TREAT HOW CAN WE TREAT E COLI IN STREAM. AND AND THAT'S WHAT WE REALLY YOU KNOW, WE WANT TO WE WANT TO MAKE OUR WATER SAFER. WE WANT TO REDUCE THAT LEVEL OF E COLI AND ALSO TO IF WE CAN REDUCE IT ENOUGH, WE'LL BE ABLE TO GET RID OF THIS, WHAT WE CALL A WATERSHED PROTECTION PLAN. AND WE CAN ACTUALLY BE A SUCCESS STORY AS OPPOSED TO FOR THE LAST TEN YEARS, I'VE BEEN TURNING MY WHEELS JUST TRYING TO FIGURE OUT HOW DO YOU HOW DO YOU TRY TO SOLVE THIS PROBLEM? WHAT IS WHAT IS A POSSIBLE SOLUTION? AND SO THAT'S KIND OF HOW THIS WAS BORN, IF THAT MAKES ANY MORE SENSE. SO IT'S IT'S YOU KNOW, LAKE KYLE IS NOT IN STREAM, BUT IT DISCHARGES DIRECTLY TO PLUM CREEK. AND ONE OTHER THING THAT I STARTED LOOKING AT THE CITY OF KYLE. IF YOU LOOK AROUND KYLE, WE HAVE A LOT OF THE SCS RESERVOIRS AROUND US. AND IF YOU THINK ABOUT HOW DEEP THOSE ARE AND HOW MUCH THEY'RE TAKING IN, AND IT'S SETTLING DOWN AT THE BOTTOM AND THEN YOU GET A FLOOD, IT TURNS IT UP AND IT DISCHARGES IT. YOU KNOW HOW MUCH, HOW MUCH IS COULD ARE THOSE POSSIBLE. YOU KNOW. AND SO IF WE COULD INSTITUTE WETLANDS IN ALL THESE DIFFERENT RESERVOIRS, WHAT WOULD THAT DO EVENTUALLY IF, IF WE FIND THIS SUCCESSFUL. SO WE NEED TO START SOMEWHERE. AND LIKE KYLE WAS AN

[02:35:03]

EASY PLACE. ACCESSIBILITY GETTING TEXAS STATE CREWS DOWN TO THE WATER'S EDGE, BEING ABLE TO PULL REGULAR SAMPLES WHERE NOT ALL OF OUR WATER BODIES HAVE THAT ACCESSIBILITY CONVENIENCE RIGHT NOW IT IS CORRECT. YEAH. AND LIKE KENSINGTON, DEFINITELY. YOU KNOW, WE NEED TO BE VERY CAREFUL BECAUSE WE ARE WANTING TO USE THAT FOR RECREATIONAL PURPOSES. CORRECT? CORRECT. AND THAT THAT'S WHERE THIS CAME FROM. IF THAT MAKES ANY MORE SENSE. YEAH I WOULD, I WOULD HATE TO LIMIT OUR INTERVENTIONS TO ONLY ONE. YES. AND I KNOW THAT YOU'RE CONSIDERING OTHERS. YOU KNOW, I'D LIKE FOR US TO, TO LOOK AT, YOU KNOW, WHAT WE COULD DO IN LINEBERGER LAKE, BECAUSE THAT'S A FISHING LAKE AND IT'S VERY ACCESSIBLE AS WELL. MAYBE WE COULD BE LOOKING AT, LIKE I SAID, A VARIETY OF MUSSELS THAT MIGHT HELP, THAT ARE NATIVE. YES, DEFINITELY NATIVES. AND I DO THINK THAT THE POLLUTION IS DIFFERENT IN ALL OF THE ALL OF OUR RESERVOIRS WHERE THE THE SOURCE POLLUTION IS IN THEM, I AGREE.

OKAY. ANYBODY ELSE? WHAT WOULD THE TEXAS STATE UNIVERSITY HAVE A PART IN? WOULD IT BE STUDENTS OUT THERE DOING RESEARCH OR WHAT WOULD WHAT WOULD BE THEIR ROLE. YEAH. SO THEY'LL HAVE STUDENTS OUT THERE COLLECTING SAMPLES. AND THE TEXAS STATE UNIVERSITY WILL BE CONSTRUCTING THOSE FLOATING WETLANDS, AND THEN THEY WILL BE IMPLEMENTING THOSE. THERE WILL BE MONITORING THE PERFORMANCE, ANY MAINTENANCE NEEDS WITHIN THOSE THREE YEAR PERIOD. AND ALSO THEY WILL BE PRODUCING THAT PEER REVIEWED, PEER REVIEWED ARTICLE AS WELL. GOOD. CATHY, ARE YOU GOING TO HAVE SOME ROLE MODELS? THEY'RE GOING TO BE LOOKING UP TO YOU IN THE FUTURE.

YOU KNOW, IS IT A LOT OF THESE STUDENTS. THAT'S NICE OKAY. ANYBODY ELSE OKAY. ALL RIGHT.

AND I NEED TO APPROVE ITEM SIX. OKAY. MOTION WAS MADE BY COUNCILMAN COUNCIL MEMBER DOCTOR HARRIS. SECOND BY COUNCIL MEMBER MCKINNEY. DO WE HAVE ANY DISCUSSION ON THE ITEM? THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED. OKAY. ITEM PASSES. NOW WE MOVE ON TO ITEM

[7) Consider approval of Amendment No. 3 to Contract No. 2024-80 with Thirkettle Corporation, dba Aqua Metric, to increase the contract amount by $600,000 for each remaining contract year, resulting in an annual total of $985,695 for fiscal year 2026 and all remaining future option years, and establishing a new not to exceed contract amount of $5,314,170.]

NUMBER SEVEN. THIS IS ALSO PULLED BY DOCTOR HARRIS. CONSIDER APPROVAL OF AMENDMENT NUMBER THREE. CONTRACT 20 2480 FOR THE CORPORATION AQUA METRIC TO INCREASE THE CONTRACT AMOUNT BY 600,000 FOR EACH REMAINING CONTRACT YEAR, RESULTING IN THE ANNUAL OF 985 695 FOR THE FISCAL YEAR 26 AND ALL REMAINING FUTURE OPTION YEARS ESTABLISHED A NEW TO NOT EXCEED THE CONTRACT OF THE AMOUNT OF 5,000,314 170. THANK YOU. IF YOU WOULD LIKE TO QUICKLY GO THROUGH THE PRESENTATION THAT I REALLY JUST HAVE A COUPLE OF QUICK QUESTIONS, OKAY, WE CAN DO THAT. MIKE MURPHY, DIRECTOR OF WATER UTILITIES. SO SINCE THIS WATER METERS, WATER UTILITIES CURRENTLY UTILIZES CENSUS WATER METERS, ALL METERS ARE PURCHASED THROUGH THE CONTRACT WHERE THEY'RE COMPATIBLE WITH THE CITY'S CURRENT AUTOMATED METER READING SYSTEM, OR AMR, AS WELL AS THE COMPATIBLE AS WELL AS COMPATIBLE WITH THE CITY'S ADVANCED METERING INFRASTRUCTURE. AMI IMPLEMENTING IMPLEMENTATION PROJECT. THIS INCLUDES PURCHASE OF ROUTINE WATER METERS, METERS, RADIOS, RADIO WIRES, SOFTWARE, ASSOCIATED EQUIPMENT NECESSARY TO RETRIEVE METER READINGS FROM A RECEIVED METER, READINGS FROM THE CITY'S WATER CUSTOMER. THE AMENDMENT WILL FUND THE PURCHASE OF CENSUS WATER METERS AND ASSOCIATED EQUIPMENT FOR FISCAL YEAR 26 FOR NOT TO EXCEED AMOUNT OF $600,000. THIS WILL AMEND CONTRACT 2024 DASH 80, EXECUTED IN AUGUST OF 24. THE CONTRACT HAS THREE EXTENSION OPTIONS REMAINING. THE HOUSTON GALVESTON AREA COOPERATIVE PURCHASING PROGRAM WAS USED TO EXECUTE THIS CONTRACT. THE CONTRACT WOULD ALSO BE FUNDED AT THE SAME AT THE SAME SPEND LEVEL FOR THE REMAINING THREE EXTENSION OPTIONS, CONTINGENT ON ON BUDGET APPROVAL. AND OBVIOUSLY WE WOULD RECOMMEND APPROVAL OF THIS AMENDMENT. SO SO THE PRESENTATION DIDN'T REALLY QUITE INCLUDE WHY WE WERE WANTING MORE MONEY FOR THIS PROJECT. I'M JUST GOING TO I THINK I KNOW THE ANSWER THAT I'D LIKE FOR YOU TO STATE THAT.

SO IN WHEN, WHEN THE THE ORIGINAL TERM OF THE CONTRACT WAS APPROVED IN 2024, IT WAS FOR $385,000. AND WHAT WE'VE DETERMINED IS THAT THAT $385,000 WAS WHAT WE OWED ON

[02:40:06]

THE 24 METER PROGRAM. WE HAD ALREADY SPENT $600,000, BUT IN THE TERM WE USED THE NUMBER $385,000, WHICH WAS WAY SHORT OF WHAT IT IS. IT DOESN'T CHANGE THE BUDGET. THE BUDGET STILL IS WHAT IT IS. BUT WHAT THIS DOES IS IT SORT OF A HOUSE CLEANING MEASURE FOR US TO GET US BACK ON TRACK WITH WHAT WE ACTUALLY SPEND PER YEAR, INSTEAD OF WHAT WHAT WAS ORIGINALLY? PUT IN THE IN THE 2024 TERM. SO OUR OUR AMOUNT THAT WE SPEND IS SOMEWHERE BETWEEN 700,009 HUNDRED PLUS THOUSAND DOLLARS PER YEAR. AND SO WHAT WE'RE DOING WITH THIS IS JUST KIND OF CLEANING THAT UP. THE BUDGET STILL STAYS THE SAME, BUT IT ALLOWS US THROUGH THE NEXT SEVERAL TERMS TO TO SPEND WHAT WE ACTUALLY NEED FOR OUR METERING PROGRAM, WHICH IS AROUND BETWEEN 7 AND 800 AND 900,000. RIGHT NOW. WE'RE INSTALLING OUR ARMY PROGRAM WE INSTALLED AROUND FOUR 4000M, NEW METERS, AND THEN WE REHABILITATED AROUND 11,000M WITH THE NEW RADIO SYSTEM. SO THAT'S SEPARATE FROM THIS PROJECT. AND SO WHAT WE'LL BE DOING ON AN ANNUAL BASIS, WE TYPICALLY WILL PURCHASE, REPLACE, REHABILITATE SOME 4000 TO 5000M PER YEAR. AND THAT'S WHAT THIS FUND ALLOWS US TO DO. AND THAT THAT INCLUDES EVERYTHING THAT WE TALKED ABOUT IN THE FIRST SLIDE. SO IT DOES THAT IS THAT FOR ONLY OUR EXISTING METERS OR DOES THAT INCLUDE ALL OF THE NEW METERS. ARE YOU TALKING ABOUT WITH THE ARMY SYSTEM OR SO WHAT THIS PROGRAM, THIS IS SEPARATE FROM THE ARMY PROGRAM. OKAY. SO THAT'S ALREADY DONE. THAT'S ALREADY 99.9% COMPLETE. AND WE'RE WE'LL BE COMING BACK TO COUNCIL SOMETIME IN FEBRUARY AND GO OVER THE DASHBOARD WITH YOU ON HOW THOSE NEW METERS WORK. WHAT THIS IS, IS FOR FUTURE GROWTH, BECAUSE RIGHT NOW WE'RE INSTALLING ABOUT 100 NEW METERS PER MONTH, JUST BECAUSE OF NEW DEVELOPMENT AND GROWTH OF THE CITY. AND WE'RE ALSO AND WHAT THIS PROGRAM DOES IS IT HELPS PAY FOR THAT, BUT IT ALSO HELPS PAY FOR METERS THAT THAT WE ARE REPLACING DUE TO AGE OR BECAUSE OF SOME OTHER REASON, OR IF WE HAVE TO GO IN AND REHABILITATE THOSE METERS, WE HAVE TO TEST THOSE METERS, WHATEVER REALLY COMES UP.

THAT'S WHAT THIS FUNDING IS FOR. SO THE MAJORITY OF OUR METERS HAVE ALREADY BEEN CONVERTED.

THEY'VE ALL BEEN CONVERTED. OH OKAY. SO THIS IS FOR GROWTH AND REPLACEMENT OF PROBLEMS. THAT'S EXACTLY RIGHT. OKAY. THAT WAS MY QUESTION OKAY. ANYBODY ELSE I JUST WANT TO SAY LIKE MAJOR KUDOS ON HAVING THEM ALL BEING CONVERTED. LIKE I WAS LIKE OH THAT'S GREAT NEWS. LIKE WE NEED TO LIKE, YOU KNOW, SNAP THROUGH THAT. IT WAS A HUGE EFFORT. AND LIKE WE IN OUR ORIENTATION WE HAD WITH YOU TWO LADIES, WE WE WENT OVER THE THE AMOUNT OF MONEY THAT WE WERE ABLE TO SAVE BY DOING A LOT OF THAT WORK IN-HOUSE. THANK YOU FOR THAT. AND BY HAVING THOSE METERS AS WELL AS FAR AS WATER USAGE AND RECOGNIZING PROBLEMS, IT'S GOING TO BE IT'S GOING TO BE A GREAT TOOL FOR OUR CUSTOMERS, FOR OUR CITIZENS AND OUR AND OUR COMMERCIAL CUSTOMERS WHERE THEY CAN GO IN AND SEE WHAT THEIR ACTUAL HOW MUCH THEY'RE ACTUALLY USING ON A REAL TIME BASIS. ARE YOU READY FOR A MOTION? I'D LIKE TO MOVE APPROVAL OF ITEM NUMBER SEVEN.

OKAY. SECOND, SECOND. OKAY. AND THERE IS A MOTION TO APPROVE AGENDA ITEM NUMBER SEVEN BY DOCTOR HARRIS AND SECOND BY COUNCIL MEMBER ZAPATA. IS THERE ANY DISCUSSION ON THE MOTION? IF NOT, THOSE IN FAVOR SAY AYE. AYE. THOSE OPPOSED MOTION PASSES. GREAT. OKAY. SO ITEMS

[9) Consider approval of a resolution authorizing the City Manager to execute separate Master Services Agreements with the following four firms to provide survey services for all city departments: McGray and McGray Land Surveyors, Inc., Landesign Services, Inc., Survey Works, and BGE, Inc. ]

[10) Consider approval of a resolution authorizing the City Manager to execute separate Master Services Agreements with the following three firms to provide property acquisition services for the development of city projects serving a public purpose: HDR Engineering, Inc., AtkinsRéalis USA, Inc., and O.R. Colan Associates. ]

[11) Consider approval of a resolution authorizing the City Manager to execute separate Master Services Agreements with the following six firms to provide geotechnical and materials testing services for all city departments: Raba Kistner, Inc., Terracon Consultants, Inc., HVJ South Central Texas - M&J, Inc., Professional Service Industries, ECS Southwest, LLP, and UES Professional Solutions 44, LLC. ]

[13) Consider approval of a resolution authorizing the City Manager to execute separate Master Services Agreements with the following eight firms to provide consulting services for water and wastewater projects for all city departments: STV Incorporated, Black & Veatch, Freese and Nichols, Inc., Quiddity Engineering, LLC, Alan Plummer and Associates, Inc., HDR Engineering, Inc., Lockwood, Andrews & Newnam, Inc, and BGE, Inc. ]

[14) Consider approval of a resolution authorizing the City Manager to execute separate Master Services Agreements with the following nine firms to provide consulting services for general civil engineering projects for all city departments: HDR Engineering, Inc., BGE, Inc., STV Incorporated, Volkert, Inc., H.W. Lochner, Inc., Quiddity Engineering, LLC, Tetra Tech, Inc., Kimley-Horn and Associates, Inc., and WGI, Inc. ]

NUMBER NINE, TEN, 11, 13 AND 14 WAS BROUGHT TOGETHER. DOCTOR LAURA LEE HARRIS WOULD LIKE TO BE ABLE TO COMBINE THAT TOGETHER. AND ANY SPECIFIC QUESTIONS. SORRY TO MAKE YOU GET UP AGAIN. I WORRY ABOUT YOUR LEG EVERY TIME I SEE YOU HOBBLE OUT. SO THESE ARE ALL FIVE YEAR AGREEMENTS, TWO YEAR, TWO YEAR AGREEMENTS. OKAY. AND WE HAVE BEEN USING THESE AGREEMENTS. SO THIS IS THE THIRD TIME AROUND THAT WE'RE DOING ROTATION LIST. OUR VERY FIRST ROTATION LIST IS FROM 2020 TO 2022. AND WE'RE CURRENTLY UNDER 2023 TO 2025 ROTATION LIST. CURRENTLY WE HAVE FOUR CIVIL GEOTECHNICAL, PROPERTY ACQUISITION, AND

[02:45:01]

SURVEYOR. ALSO PARKS HAVE A THEIR OWN ROTATION LIST. AND THEN OUR ENGINEERING ROTATION LIST ARE ABOUT TO EXPIRE THE END OF THIS YEAR. THAT'S WHY WE RELEASED AN RFQ. I'M SORRY I DON'T HAVE THE PRESENTATION PULLED UP, SO I DON'T REMEMBER THE DATE. THAT'S REQUEST FOR QUALIFICATION. SO THESE FIRMS THAT WERE RECOMMENDING ON THE ITEM ARE ALL SELECTED BASED ON A VERY COMPETITIVE PROCESS. BECAUSE THE STATE STATUTORY REQUIREMENT PROHIBITS CITY FROM SELECTING PROVIDERS OF PROFESSIONAL SERVICES, INCLUDING ENGINEERING, TO BE BASED ON COST. AND WE CANNOT THE COST CANNOT BE DISCUSSED DURING THE SELECTION PROCESS.

IT CAN ONLY BE NEGOTIATED WHEN WE HAVE THE CONSULTANT SELECTED. THEREFORE, ALL THESE FIRMS, THEY RESPONDED TO THE REQUEST FOR QUALIFICATION AND NOT A REQUEST FOR PROPOSAL, WHICH INCLUDE COST. AND THEN WE RECEIVED 80 RESPONSES AND EACH OF THE ROTATION LIST. WE FORMED A STAFF COMMITTEE OF FIVE STAFF THAT INCLUDE EXECUTIVE TEAM STAFF THAT INCLUDE OUR PROJECT MANAGERS THAT HANDLE THE CORRESPONDING TYPE OF PROJECTS, AND ALSO INCLUDE THE SPONSOR DEPARTMENT THAT. PROPOSED THESE TYPE OF PROJECTS AND GO THROUGH THE WHOLE STAFF EVALUATION. AND ALL THE FIRMS ARE SCORED BASED ON FOUR GENERAL AREAS QUALIFICATION AND AVAILABILITY.

PROPOSED STAFF. WE WANT TO LOOK AT THEIR AREA OF EXPERTISE. WE WANT TO LOOK AT THEIR RESUMES.

WE WANT TO LOOK AT THEIR ORGANIZATIONAL CHART. THIRD ONE IS PROJECT EXPERIENCE. WE ASKED FOR RELEVANT PROJECT THAT RESPOND TO THE SCOPE THAT WE PROPOSED WITHIN THE LAST FIVE YEARS. AND ALSO THE LAST IS PROJECT APPROACH THAT WE ASKED THEM TO IDENTIFY POTENTIAL ISSUES THEY ENCOUNTER, HOW THEY RESOLVE THOSE, AND EMPHASIZE ON HOW THEY WILL INTERFACE AND COMMUNICATE WITH THE CITY. AND THESE SCORES FROM ALL THE STAFF PANELS ARE AVERAGED. AND THEN YOU'LL SEE THE RFQ RESULTS ON AS A BACKUP FOR EACH OF THOSE ITEMS. AND LIKE I SAID, THEY WERE SELECTED BASED ON A COMPETITIVE PROCESS. SO WE MEET THE REQUIREMENT FOR THE RFQ.

AND THEN AFTER WE BRING THEM ON BOARD, WHAT HAPPENS IS WE WILL LOOK AT OUR FIVE YEAR CIP, WE'LL LOOK AT OUR CURRENT PROJECTS AND ASSIGN TASK ORDERS. SO THESE ROTATION LISTS ARE A COMMON AND EFFECTIVE WAY FOR MUNICIPALITIES TO ASSIGN ESPECIALLY DESIGN TYPE OF PROJECTS. WE CAN THEY'RE NOT FOR CONSTRUCTION. I DO WANT TO CLARIFY THAT. SO FOR CONSTRUCTION PROJECTS WE GO OUT FOR BIDS AND WE SELECTED SELECT THEM BASED ON QUALIFICATION AND PRICE. AND THEN FOR THE TASK ORDERS, BECAUSE THEY WILL BE BRINGING IN UNDER A MASTER SERVICE AGREEMENT. AND THIS MASTER SERVICE AGREEMENT OUTLINES THE TERMS AND CONDITIONS THAT THEY AGREE TO TO ENTER THIS CONTRACT WITH THE CITY. SO IT ALLOWS US TO ASSIGN A SIMPLE TASK ORDER FORM, WHICH REDUCES THE AMOUNT OF TIME TO GO THROUGH THE WHOLE CONTRACTING PROCESS. SO THIS IS A VERY QUICK WAY THAT WE'LL BE ABLE TO BRING SOMEBODY ON BOARD.

AND THEN YOU SEE LIKE THERE ARE LIKE VARYING NUMBER OF FIRMS THAT WE RECOMMEND FOR EACH ROTATION LIST. SO ONCE THEY'RE ON BOARD WE WILL LOOK AT THEIR QUALIFICATION. AND WE'LL ALSO LOOK AT THE TOTAL AMOUNT OF WORK THEY'VE BEEN ASSIGNED TO DETERMINE WHICH FIRM THAT WE'RE GOING TO ASSIGN THE NEXT TASK ORDER TO. SO THAT'S KIND OF THE WHOLE PROCESS. MY CONCERN IS THAT I SEE FIRMS ON THESE LISTS THAT I KNOW WE'VE USED A LOT, AND THIS IS A ROTATION. IS THERE ANY I REALIZE SOMETIMES WE GET A COMPANY THAT REALLY IS OUTSTANDING. THEY DO A GREAT JOB FOR US. WE WANT TO HANG ON TO THEM AS LONG AS POSSIBLE. BUT IS THERE ANY MAXIMUM NUMBER OF YEARS, FOR INSTANCE, OUR AUDITS ARE ROTATED EVERY FIVE YEARS. I WOULD VERY MUCH LIKE TO SEE US NOT HAVE ANY OF THE FINANCIAL ISSUES WITH OUR CONTRACTS THAT WE ARE SEEING IN SOME OF OUR NEIGHBORING CITIES, THAT ARE CAUSING THEM SOME BIG GRIEF. I WOULD LIKE TO MAKE SURE THAT WE MINIMIZE, AND THIS DOES MINIMIZE ANY ISSUES OF MALFEASANCE IN MANY WAYS. BUT

[02:50:05]

IF WE JUST KIND OF KEEP DOING THE SAME ONES OVER AND OVER AND OVER, THEN IT'S NOT TRULY A ROTATION LIST. IT'S JUST FIVE FIRMS THAT WE REALLY LIKE, AND WE KEEP THEM. AND THAT CAN LEAD TO SOME FINANCIAL ISSUES. GOOD EVENING, CITY COUNCIL. MY NAME IS JOSHUA CRUMLEY. I'M THE ASSISTANT DIRECTOR FOR FINANCE OVER THE PROCUREMENT OFFICE. YOU BRING UP SOME GOOD QUESTIONS AND THAT'S SOME OF THE REASONS WHY WE'VE CHANGED THE MODEL IN WHICH WE'RE DOING THESE ROTATION LISTS. SO WE'RE ISSUING THEM FOR TWO YEARS AND NOT FOR LONGER PERIODS OF TIME LIKE FIVE, SO THAT WE CONTINUALLY WILL GO OUT TO THE MARKET TO CHECK TO SEE WHO IS INTERESTED IN DOING BUSINESS. IN KYLE, OUR GOAL IS TO PROVIDE A COMPLETELY FAIR, OPEN AND TRANSPARENT PROCESS THAT EVERYBODY CAN ENGAGE IN. AND THEN WE USE A COMMITTEE WHO WILL EVALUATE BASED ON ALL OF THE METRICS THAT LOU DID A GREAT JOB OF OF SUMMARIZING AND BASED OFF OF THOSE MAKE THE AWARDS. NOW, YOU KNOW, FIRMS THAT HAVE EXPERIENCE IN OUR AREA MAY TEND TO SCORE HIGHER IN CERTAIN AREAS BECAUSE THEY HAVE EXPERTISE IN KYLE, BUT IT DOESN'T MEAN THAT THERE ISN'T A LEVEL PLAYING FIELD FOR EVERYBODY TO COME IN AND DEMONSTRATE THROUGH THEIR THEIR BASICALLY THEIR RESUME, THAT THEY COULD DO THE JOB AND DO IT WELL. AND THERE ARE A FEW NEW FIRMS ON THE LIST. THERE ARE SOME REPEAT PLAYERS, BUT BUT GOING OUT TO THE MARKET AND GIVING THE AMOUNT OF INTEREST THAT YOU SEE ON THIS, WHICH I THINK IS A REALLY TELLING AND GOOD STORY FOR KYLE, THIS WAS THE LARGEST PRE-BID CONFERENCE I'VE HAD IN MY PROCUREMENT CAREER. I'VE BEEN IN GOVERNMENT FOR ALMOST 15 YEARS, AND WE HAD OVER 150 PEOPLE ATTEND THE PRE-BID CONFERENCE FOR THIS MEETING. SO THERE'S A GREAT DEAL OF INTEREST IN DOING BUSINESS IN KYLE, AND THAT SHOULD TELL YOU THAT THEY RECOGNIZE THAT THERE IS OPPORTUNITY HERE AND THAT WE'RE NOT LOOKING FOR REPEAT BUSINESS WITH JUST A SELECT FEW. WE WANT TO DO BUSINESS WITH WHOEVER'S READY TO COME TO THE TABLE AND BRING THEIR A TEAMS. THAT'S ALSO SOMETHING THAT IS IDENTIFIED BECAUSE THEY IDENTIFY KEY STAFF MEMBERS IN THEIR RESUMES. SO YOU CAN TELL HOW SERIOUS A FIRM IS IN WANTING TO DO BUSINESS IN YOUR AREA BASED ON THE, THE THE TEAM THEY PRESENT. YEAH, THAT DOESN'T QUITE GET TO THE ISSUE OF COULD THERE BE CONFLICT OF INTEREST? THERE'S WE HAVE NO LIMIT ON HOW LONG THEY CAN STAY ON THE ROTATION LIST. THE STATE DOES NOT CURRENTLY REGULATE THAT, BUT WE COULD. WELL, YOU DO HAVE TO GIVE AN EQUAL OPPORTUNITY FOR ALL. AND I DO UNDERSTAND THE CONCERNS AND THE POINTS. BUT IF A FIRM HAS DONE BUSINESS HERE IN THE PAST, HAS WORKED WITH THE CITY IN THE PAST, YOU CAN'T DISQUALIFY THEM EITHER JUST BECAUSE OF THAT FACTOR. THERE ARE THINGS PERHAPS YOU COULD USE IN CRITERIA THAT WE COULD LOOK AT FOR, FOR AN OVERALL SCORING METRIC THAT WE COULD LOOK AT CHANGING, BUT THAT HASN'T BEEN DONE NECESSARILY AS PART OF THIS, I THINK IT'S REALLY TRIED TO BE TO GET THE BEST FIRMS THAT ARE AVAILABLE TO DO THE TYPE OF WORK THAT WE'RE LOOKING FOR. AND I THINK, AS WE'VE MENTIONED, THERE'S A MIXTURE OF FIRMS. SOME AND SOME OF THESE ARE VERY LARGE FIRMS THAT WOULD COMPETE WELL, PROBABLY ANYWHERE THAT THEY WOULD GO. BUT SOME HAVE VERY SPECIFIC, SPECIFIC SKILLS AND QUALIFICATIONS FOR THIS AREA. IF YOU HAD OTHER COMMENTS, I WOULD ALSO NOTE THAT UNDER THE PUBLIC SERVICE PROCUREMENT ACT, WE ARE REQUIRED TO MAKE A DETERMINATION AS TO WHO IS THE MOST QUALIFIED FIRM FOR THE TYPE OF WORK WE'RE DOING. AND SO A LOT OF THE TIMES WHEN YOU SEE REPEAT ENGINEERS, IT'S BECAUSE THEY SPECIALIZE IN THE WORK WE NEED AND THEY ARE, BASED ON OUR CRITERIA, THE MOST QUALIFIED FIRM TO PERFORM THAT.

WELL, I REALIZE THAT WE DO OUR PURCHASING VERY DIFFERENTLY THAN SOME OF OUR SURROUNDING CITIES AND AT A REALLY MUCH MORE PROFESSIONAL AND CONTROLLED MANNER WHERE FRAUD IS, IS ALMOST IT'S VERY, VERY DIFFICULT TO HAPPEN IN THE CITY OF KYLE. BUT I WOULD LIKE TO SEE US IN THE FUTURE, HAVE SOME EVALUATION OF. HAVE WE USED THIS FIRM OVER AND OVER AND OVER AND OVER, AND MAYBE BRING TO THE COUNCIL, YOU KNOW, WHEN WE'RE LOOKING AT RENEWING A CONTRACT FOR THE EIGHTH YEAR? WHY WE'RE DOING THAT AND HAVE THE COUNCIL GIVE A VARIANCE ON IT AND HAVE MAYBE HAVE A STANDARD OF WE GENERALLY WILL ONLY KEEP SOMEBODY IN THE ROTATION FOR SIX, SIX YEARS, EIGHT YEARS, AND THEN THEY ROTATE OFF. THEY CAN COME BACK.

BUT THAT WE MIGHT INCLUDE IN THE CRITERIA ITSELF. SOME EXCEPTIONS MAYBE THAT WOULD BE BROUGHT TO THE COUNCIL, BECAUSE I REALIZED SOME OF THESE FIRMS ARE SUCH SPECIALIZED FIRMS, AND WE'VE GOT A HISTORY WITH THEM. WE KNOW THEY DO GREAT WORK, BUT YOU CAN GET IN TOO COMFORTABLE

[02:55:05]

A SITUATION SOMETIMES WITH VENDORS. WE CAN CERTAINLY GIVE THAT SOME THOUGHT ABOUT HOW TO HOW TO DO THAT, I THINK IS, AS THE CITY ATTORNEY MENTIONED, IT'S THE GOAL IS TO GET THE MOST QUALIFIED FIRM. AND SO IF WE'RE SCORING THEM AS THE MOST QUALIFIED FIRM, IT'S VERY DIFFICULT. ALSO COME BACK AND SAY, WELL, YOU'RE THE MOST QUALIFIED, BUT THEN WE'RE NOT GOING TO SELECT YOU BECAUSE YOU'VE BEEN HERE BEFORE. I DON'T KNOW HOW WE COULD DO THAT.

WE COULD GIVE IT SOME THOUGHT ABOUT HOW TO DESIGN SOME KIND OF A METRIC AROUND THAT. BUT I COULD GIVE THAT SOME THOUGHT. COUNCIL MEMBER I JUST I'M NOT SURE I KNOW THE ANSWER TO THAT QUESTION. I DO UNDERSTAND THE CONCERN AND THE THE COMMENTS. I'M JUST TRYING TO THINK ABOUT, FROM A PROCUREMENT PERSPECTIVE, HOW TO DO HOW DO YOU OPERATIONALIZE THAT? COUNCILMEMBER, IF YOU WANT TO GO? MIKE, I JUST WANTED TO ADD SOMETHING BECAUSE I ACTUALLY WAS PROCUREMENT OFFICER AT CITY OF AUSTIN FOR A COUPLE OF YEARS. SO I KNOW A LITTLE BIT ABOUT THIS. SO THERE'S A COUPLE OF THINGS THAT WE'VE ALREADY DONE TO ADDRESS THIS. ONE IS ONE OF THE ROTATION LISTS WAS A SMALL SMALL CIVIL ENGINEERING. SO SMALLER SCALE ASSIGNMENTS. AND THAT WAS A WAY FOR US TO TRY TO GET SMALLER FIRMS TO THE TABLE. WE HAD TO PULL THAT ITEM TO GET TO GET THE BACKUP CORRECT. BUT WE'LL BRING THAT BACK TO YOU FOR CONSIDERATION. ALSO LIMITING TO TWO YEARS. I MEAN, THOSE ARE THE TYPES OF THINGS WE'RE TRYING TO DO TO, AGAIN, TURN OVER FIRMS AND GET GET MORE OPPORTUNITY FOR MORE FIRMS TO BE AT THE TABLE. SO ALL OF THOSE THINGS KIND OF ARE THE THINGS THAT YOU DO TO KIND OF LOOK AT THAT, BUT ALSO BECAUSE, YOU KNOW, WE'LL HAVE CONSULTING FIRMS THAT WILL WANT TO MEET WITH US SOMETIMES AND JUST SAY, HEY, WE'D LOVE TO DO BUSINESS WITH THE CITY OF KYLE. HOW DO WE DO THAT? ESPECIALLY IF THEY HAVEN'T WORKED HERE. AND SO I WILL SAY, ONE PIECE OF ADVICE I ALWAYS GIVE IS PARTNER WITH SOME OF THOSE FIRMS THAT DO AND, YOU KNOW, BE A SUBCONSULTANT ON THOSE ON THOSE TEAMS AND BUILD YOUR RESUME HERE OR, YOU KNOW, LOOK AT DOING WORK IN CENTRAL TEXAS. AND THAT ALWAYS BODES WELL BECAUSE THAT IS THE KIND OF EXPERIENCE WE'RE LOOKING FOR OR IN THAT SPECIALIZED AREA OF EXPERTISE, IF IT'S WATER, WASTEWATER OR EVEN, YOU KNOW, GEOTECHNICAL, YOU KNOW, PARTNER WITH FIRMS THAT ARE DOING THAT AND BUILD YOUR RESUME. AND THAT'S ALSO, YOU KNOW, WE GIVE THAT ADVICE TO, TO FIRMS ALL THE TIME. AND THAT'S HOW THEY BUILD THAT RESUME. SO THEY CAN BE COMPETITIVE FOR THESE ROTATION LISTS GOING FORWARD. AND AND AGAIN, I'M SURE WE'LL HAVE THOSE CONVERSATIONS WITH SEVERAL FIRMS GOING FORWARD. BUT I THINK TO TO JOSH'S POINT, WE HAD 80 FIRMS SUBMIT FOR THIS. SO I MEAN, THERE'S A LOT OF INTEREST IN DOING WORK HERE. SO WE FEEL CONFIDENT THAT WE ARE GOING TO GET SOME OF THOSE OTHER FIRMS COMING TO THE TABLE AND BEING ON THESE LISTS IN THE FUTURE. IT ONLY TAKES ONE FIRM AND ONE EMPLOYEE TO MAKE A PROBLEM. AND THAT'S WHAT AUSTIN HAS RIGHT NOW. YOU KNOW, ONE FIRM, ONE EMPLOYEE. SO I JUST WANT TO MAKE SURE THAT WE ARE COVERING OUR BASES. WELL, WE PUT TOGETHER AN EVALUATION COMMITTEE SO THAT YOU DON'T HAVE THE ABILITY FOR ONE EMPLOYEE TO WEIGHT THE CATEGORY RIGHT THERE. THERE ARE FIVE MEMBERS OR A MINIMUM OF FIVE MEMBERS THAT ARE ON THESE EVALUATION COMMITTEES, SO THAT THERE ISN'T AN ABILITY FOR ONE INDIVIDUAL TO ENTIRELY INFLUENCE THE OUTCOME OF A PROCUREMENT. RIGHT. SO WE TAKE THOSE MEASURES SO THAT WE HAVE THAT THAT BALANCED APPROACH FOR IT. AND WE ALSO, YOU KNOW, PUBLISH THE CRITERIA IN ADVANCE.

AND WE'RE, YOU KNOW, OUR ENTIRE PLAYBOOK, THE THE PROCUREMENT MANUAL THAT THE CITY COUNCIL HAS PASSED IS AVAILABLE ON OUR WEBSITE BECAUSE WE WANT EVERYBODY TO KNOW THE RULES THAT WE'RE GOING TO BE APPLYING TO EVERY SITUATION, TO TRY TO BE EXTRA TRANSPARENT SO THAT THOSE KINDS OF SITUATIONS CANNOT HAPPEN HERE. THANKS, JOSH. THAT REALLY CLARIFIES THAT WHOLE PROCESS AND SHOWS THE THE LENGTHS WE GO TO TO ASSURE FAIRNESS. SO THANK YOU, COUNCILMEMBER ZAPATA. AND THEN I THINK I'M ON THE SAME COIN BUT OPPOSITE SIDE. I THINK INSTEAD OF TRYING TO RESTRICT OR PROHIBIT WHO IT IS THAT WE USE, IS THERE A WAY FOR US TO ADD ADDITIONAL CRITERIA THAT MIGHT, FOR EXAMPLE, LIKE ARE YOU VETERAN OWNED? OKAY, PLUS ONE, ARE YOU LOCALLY OWNED PLUS ONE? OR IS THERE OPTIONS FOR US TO BE ABLE TO DO THAT BECAUSE THAT MIGHT CHANGE OUR LIST, GIVE DIFFERENT WEIGHT. THAT WOULD BE A LARGER POLICY DISCUSSION. I THINK THAT THAT WOULD PROBABLY BE ONE THAT MAYBE DURING THE COUNCIL'S VISIONING WORKSHOP, THEY COULD DISCUSS IF THAT WAS A GOOD PLAN MOVING FORWARD. THERE ARE THERE ARE SOME OPPORTUNITIES. THE STATE REGULATES SOME OF THOSE PREFERENCES FAIRLY HEAVILY, BUT THERE ARE CERTAIN AREAS THAT WE MIGHT BE ABLE TO ADDRESS. AND SO I THINK IF WE WERE TO TO TO LOOK AT THIS AND UNDERSTAND WHAT DIRECTION YOU GUYS WANTED US TO GO, WE COULD COULD TAKE THAT INFORMATION AND TRY TO COME BACK WITH SOME RECOMMENDATIONS FOR SOME POLICIES THAT MAY HELP US ADD ADDITIONAL CRITERIA FOR, YOU KNOW, THE MINORITY OWNED WOMEN OWNED BUSINESSES OR LOCAL PREFERENCE OR THOSE KINDS OF THINGS. IF THAT WAS THE DIRECTION THE COUNCIL WANTED TO GO. OKAY. ALL RIGHT. THANK YOU. AMY HAS A YEAH. HE MOSTLY ADDRESSED IT. THERE ARE SOME SOME SIGNIFICANT LIMITATIONS IN STATE LAW ON THE PREFERENCES

[03:00:01]

THAT WE'RE ALLOWED TO APPLY. AND SO IF WE'RE GOING TO PUT TOGETHER POLICY, IT'S WE WANT TO MAKE SURE THAT WE'RE COMPLYING WITH ALL OF THOSE RULES. OKAY. GOOD. OKAY.

MOTIONS. SO I WOULD LIKE TO MOVE APPROVAL OF ITEMS NINE. TEN 1113 AND 14 OKAY. DO WE HAVE A SECOND SECOND OKAY. WE HAVE A MOTION ON THE TABLE TO APPROVE AGENDA ITEMS. NUMBER NINE TEN 1113, 14 FROM COUNCILMEMBER HARRIS, SECOND BY COUNCILMEMBER ZAPATA. IS THERE ANY OTHER DISCUSSIONS ON THESE MOTIONS? IF NOT THOSE IN FAVOR SAY I THOSE OPPOSED MOTION

[16) Consider approval of Amendment No. 4 to Task Order No. 10 to Pape-Dawson Consulting Engineers, LLC for the expedited design efforts for the removal of the slip-lane, and for bid and construction phase services for the Center Street (Off-system) project of the 2022 Road Bond Program in the amount of $413,977.00.]

PASSES. OKAY. AND THEN I THINK WE HAVE ONE MORE NUMBER 16, IF YOU DON'T MIND. WE'RE GOING TO IT'S JUST I THINK THAT WAS MINE. IF YOU JUST DON'T WOULDN'T MIND JUST GIVING A DESCRIPTION OF THE REMOVAL OF THE SLIP LANE IS TO CONSIDER APPROVAL FOR THE AMENDMENT OF NUMBER FOUR. TASK ORDER ON THE PIPE. DAWSON ENGINEERING FOR THE EXPEDITED DESIGN OF EFFORTS FOR THE REMOVAL OF THE SLIP LINE AND FORBID CONSTRUCTION PHASES ON CENTER STREET. OFF SYSTEM PROJECT 2022 ROAD BOND PROJECT IN THE AMOUNT OF 413 977 AGAIN. SURE. SO SO AS YOU MENTIONED, COUNCIL MEMBER, THIS THIS IS FOR A TASK ORDER FOR PAPE DAWSON, FOR A BROADER SCOPE OF SERVICES, NOT JUST THE REMOVAL OF SLIP LANE. AND SO I DO WANT TO NOTE THAT THAT THERE ARE SEVERAL THINGS INCLUDED IN THIS AMENDMENT. THE TWO PRIMARY ITEMS ARE THE SLIP LANE REMOVAL AND THEN ALSO BID PHASE AND CONSTRUCTION SERVICES, WHICH IS A SUBSTANTIAL SCOPE OF WORK.

THERE'S ALSO SOME ADDITIONAL DRAINAGE UTILITY WORK ASSOCIATED WITH THIS. AND SO UPDATING SOME OF THE SHEETS WITH SOME OF THOSE ADJUSTMENTS, ALL OF THOSE TYPES OF THINGS ARE INCLUDED IN HERE. THE SLIP LANE ITSELF IS ABOUT 122,000 OF THIS OF THIS TOTAL AMOUNT. SO I DO WANT TO NOTE THAT. BUT WITH REGARDS TO THE SLIP LANE, AS IT WAS NOTED PREVIOUSLY, YOU KNOW, THE CONSULTANT HAD THE SLIP LANE IN THERE, AND THAT WAS TO REALLY ADDRESS MOBILITY AT THE ROUNDABOUT. BUT IT WAS REALLY FOR FOR LONG TERM IMPROVEMENTS, FOR MOBILITY AT THE ROUNDABOUT.

AND SO WHAT IT WOULD DO IS ACTUALLY WITH THAT SLIP LANE, IT ACTUALLY HELPS. I KNOW THIS SOUNDS A LITTLE COUNTERINTUITIVE, BUT ACTUALLY HELPS MOBILITY NORTH AND SOUTH ON THE OTHER SIDE OF THE ROUNDABOUT BY ALLEVIATING SOME OF THE BACKUP FOR THAT RIGHT TURN LANE. SO NOT COMING TO THE ROUNDABOUT AND THEN ENTERING IT AND TURNING IT THE RIGHT, THE RIGHT TURNING MOVEMENTS CAN KIND OF FREELY MOVE. THAT'S A COMMON PRACTICE. AND A COMMON DESIGN ELEMENT IN ROUNDABOUTS IS IF YOU HAVE A HEAVY MOVEMENT TO THE RIGHT, A LOT OF TIMES THEY'LL DESIGN SLIP LINES. WE HAVE SLIP LINES ON SOME OF OUR OTHER ROUNDABOUTS AS WELL THAT ARE PART OF THE ROAD BOND PROGRAM. YOU HEARD SOME OF THAT WHEN WE DID OUR ROUNDABOUTS PRESENTATION. I THINK BACK IN OCTOBER. WE WENT THROUGH KIND OF SOME OF THE DIFFERENT DESIGNS. SO FOR THIS ONE, WE WERE FORTUNATE TO HAVE RALPH LUCAS, OUR ASSISTANT DIRECTOR, JOIN OUR TEAM IN THE SPRING. SHE IS VERY CREDENTIALED TRAFFIC ENGINEER. AND SO WE'VE BEEN WORKING WITH HER ON LOOKING AT SOME OF THE PROJECTS THAT WE HAVE. AND SO SHE WAS ABLE TO COME IN AND THEN WORK WITH OUR TEAM TO LOOK AT THIS PARTICULAR INTERSECTION, KNOWING SOME OF THE CONCERNS WITH WITH THE SLIP LANE AND SOME OF THE IMPACTS TO NEIGHBORING PROPERTIES. SO SHE WAS ABLE TO WORK WITH THE DAWSON TEAM AND KIND OF DIG INTO THAT A LITTLE BIT MORE. AND SO WHAT WHAT WAS FOUND IS THAT, YES. IS THE SLIP LANE NEEDED? YES. BUT IT'S A LONG TERM IMPROVEMENT. AND SO WHAT WE LANDED ON IS THAT WE FELT LIKE WE COULD MOVE FORWARD WITH REMOVING THE SLIP LANE, NOT COMPROMISE MOBILITY IN THE NEAR TERM OR THE INTERMEDIATE TERM. EVALUATE THAT ROUNDABOUT. AND THEN IF WE DO NEED IT IN THE LONG TERM, WE CAN COME BACK AND PLACE THAT SLIP LANE IN. AND SO THE UPDATED DESIGN WOULD INCLUDE KEEPING THE TRAIL WHERE IT IS AND KIND OF LEAVING THAT OPPORTUNITY FOR THAT SPACE. BUT IN THE NEAR TERM AND THE INTERMEDIATE TERM OVER THE NEXT FIVE, TEN, 15 YEARS, WE CAN LEAVE THAT BUFFER IN, WHICH I THINK ALSO HELPS WITH SOME OF THE IMPACTS ON THE NEIGHBORING PROPERTIES. AND SO DOING THAT ANALYSIS, WE THOUGHT WE'D BRING THIS FORWARD AS AS LOOKING AT THAT OPTION TO REMOVE THE SLIP LANE, PROVIDE THAT BENEFIT TO THE NEIGHBORING PROPERTIES, AND THEN JUST CONTINUE TO EVALUATE IF WE ACTUALLY DO NEED THAT SLIP LANE IN THE LONG TERM.

OKAY. SO IT'S NOT GOING TO BE ADDED. AND I BELIEVE THIS WAS THE BIG CONCERN THAT WE HAD WITH THOSE RESIDENTS IN THAT AREA. CORRECT. DOCTOR HARRIS ABOUT THAT, ABOUT THE CARS GETTING TOO CLOSE TO THE HOUSES. SO NOW IT'S BEING REMOVED, WHICH IS PROBABLY A GOOD THING FOR SOME OF THEM TO FEEL MORE AT EASE, BUT THAN OTHERS THAT I HEARD FROM, WERE WAS TRYING TO GET AN UNDERSTANDING WHY WE WENT THROUGH THIS WHOLE PROCESS AND NOW WE'RE REMOVING IT. AND WHAT WAS THE PURPOSE BEHIND IT ALL? SO THAT'S WHAT IT WAS. RIGHT? AND SO AGAIN, I THINK BECAUSE OF SOME OF THE CONCERNS WE HEARD ABOUT THE IMPACTS ON NEIGHBORING PROPERTIES, WE DECIDED TO TAKE A CLOSER LOOK AT THAT. AND AGAIN, HAVING THE BENEFIT OF A OF A VERY EXPERIENCED, CREDENTIALED TRAFFIC ENGINEER ON OUR TEAM, THEY WERE ABLE TO WORK MORE

[03:05:03]

CLOSELY. NOT THAT DAWSON DID ANYTHING, ANYTHING WRONG. THEIR ANALYSIS IS VERY SOUND, BUT WE WERE JUST ABLE TO TO PEEL IT BACK A LITTLE BIT AND THEN DETERMINE THAT WE DID NOT NECESSARILY NEED TO MOVE FORWARD WITH THAT SLIP LANE IN THE NEAR TERM AND INTERMEDIATE DESIGN FOR THE PROJECT. SO WE THOUGHT THERE WOULD BE SOME BENEFIT TO PROPOSING THE OPTION OF REMOVING THAT SLIP LANE. AND THAT'S WHAT YOU HAVE AS PART OF THIS TASK ORDER. SO HOW MUCH TIME WOULD YOU NEED TO BE ABLE TO TRACK THAT TO WHERE YOU MIGHT NEED TO SAY, YOU KNOW WHAT, WE MIGHT NEED TO DO IT A LOT EARLIER AT THE LANE, A LOT EARLIER. IS THERE GOING TO BE SPECIFIC STUDIES OR SPECIFIC MECHANISMS THAT YOU'RE GOING TO BE ABLE TO MONITOR? ONCE THE ROUNDABOUT GETS UP AND RUNNING, THAT YOU'RE GOING TO BE ABLE TO TRACK TO SAY, OH, WE MIGHT NEED TO GO IN AND ADD IT. NOW, WHAT WOULD BE THE PROCESS ON THAT END? YEAH. GOOD EVENING.

COUNCIL MEMBERS AND MAYOR PRO TEM ROWLEY ASSISTANT DIRECTOR OF TRAFFIC TRANSPORTATION. SO JUST TO MAKE SURE I UNDERSTAND YOUR QUESTION CORRECTLY, YOU'RE WANTING TO KNOW WHAT KIND OF KPIS AND PERFORMANCE METRICS WE'D HAVE IN PLACE TO CONTINUE TO MONITOR THAT SPECIFIC MOVEMENT WE'RE TALKING ABOUT. WE'RE ADDING THIS LANE AND ALSO THE OVERALL PERFORMANCE OF THE ROUNDABOUT. IS THAT CORRECT? YES. BECAUSE LET'S SAY YEARS FROM NOW WE DECIDE WE NEED OR A YEAR AFTER IT'S BEEN BUILT, WE SAID, OH, WE NEED IT AFTER ALL. THEN RESIDENTS ARE GOING TO COME OUT AND SAY, WAIT A MINUTE, YOU GUYS REMOVED IT. NOW YOU GUYS ARE ADDING IT AGAIN. IT MIGHT SHOW SOME CONFUSION ON THAT. ABSOLUTELY. AND THAT'S THAT'S FOR SURE A VALID CONCERN BECAUSE WE ARE PRETTY FAR ALONG THE DESIGN PROCESS HERE. SO I WILL SAY THAT IN DIVING DEEP INTO THE TRAFFIC ANALYSIS THAT WAS PERFORMED FOR THAT SPECIFIC PROJECT AND THAT INTERSECTION EVALUATION, THE NEED FOR THE TRUE NEED FOR WHEN A DEDICATED SPACE LIKE THAT WOULD BE NEEDED FOR TURNING MOVEMENT WOULD BE WHEN WE START GETTING ABOVE A CERTAIN LEVEL OF SERVICE. SO THAT'S IN OUR SLIDE DECK, I THINK, IN THE PREVIOUS SLIDE. SO A LEVEL OF SERVICE IS BASICALLY THAT KPI THAT YOU'RE REFERRING TO. THAT'S HOW WE WOULD MEASURE PERFORMANCE OF AN INTERSECTION OR A SPECIFIC MOVEMENT. WHAT WE FOUND IN DIVING DEEP INTO THE TRAFFIC ANALYSIS IS THAT THE LEVEL OF SERVICE E F. SO THOSE TEND TO BE THE ONES THAT, YOU KNOW, IF YOU'RE IN TRAFFIC, YOU'RE CRINGING OR YOU'RE GETTING THE CALLS FROM THE PEOPLE THAT ARE CRINGING IN TRAFFIC AT THAT POINT IS WHEN TRULY WE WOULD NEED TO START LOOKING AT SEPARATING MOVEMENTS, BECAUSE MAYBE THAT ONE SPECIFIC MOVEMENT IS CAUSING A BACKUP THROUGH THE WHOLE ROUNDABOUT CIRCULATION. SO IN DIVING, I KEEP SAYING THAT IN DIVING DEEP INTO THE ANALYSIS THAT NEED THAT, YOU KNOW, THE LEVEL OF SERVICE E OR F THAT WAS NOT IDENTIFIED UNTIL I WOULD SAY I'M NOT SURE ABOUT THE EXACT YEAR RIGHT NOW, BUT 20 PLUS YEAR HORIZON FROM TODAY. SO TWO DECADES IS A VERY LONG TIME. YOU KNOW, DEPENDING ON THE TYPE OF BUSINESSES WE TRACK, THE TYPE OF MIXED USE AND MAYBE THE TYPE OF ZONING DECISIONS THAT, YOU KNOW, YOU, AS COUNCIL MAKE OVER THE NEXT TWO DECADES ARE REALLY GOING TO DEFINE HOW WE ARE GOING TO BE, YOU KNOW, ARE WE STILL GOING TO BE MAYBE DESIGNING FOR VEHICLES VERSUS OTHER MODES, OR ARE WE GOING TO BE MORE MULTIMODAL? BASICALLY, THAT'S TOO FAR OF A PLANNING HORIZON TO MAKE A GRANULAR DECISION LIKE THAT TODAY. SO THAT WAS THE MAIN REASON BEHIND CHOOSING TO FORGO THAT IMPROVEMENT. NOW, I KNOW I HEARD A LOT OF CONVERSATION TODAY ABOUT MULTIMODALITY. SO I WILL ALSO SAY THAT NOT NOT BUILDING THAT SLIP LANE TODAY GIVES US THAT BUFFER THAT WE WOULD ABSOLUTELY LIKE TO HAVE BETWEEN OUR NON-VEHICULAR TRAFFIC AND VEHICULAR TRAFFIC. RIGHT. SO THIS IS ONE OF THOSE SCENARIOS WHICH I THINK SOME OF YOU MENTIONED IN YOUR CONVERSATIONS TODAY, THAT ARE WE JUST LOOKING AT CARS OR ARE WE LOOKING AT OTHER MODES? THIS WAS REALLY WEIGHING THE PROS AND CONS OF PRIORITIZING ONE MODE OR ANOTHER AT THIS POINT, BASED ON THE TRAFFIC ANALYSIS AND THE PROJECTIONS OF WHEN THAT SPECIFIC TURN LANE IS REQUIRED, WE AS STAFF, FELT THAT IT WAS IMPORTANT TO PRIORITIZE THE NON-VEHICULAR MODES TODAY AND THEN DOWN THE ROAD, CONTINUE MONITORING THE PERFORMANCE OF THE OVERALL ROUNDABOUT AND THAT SPECIFIC MOVEMENT. AND IF, LIKE THE ANALYSIS IS PREDICTING IN 20 YEARS FROM NOW, IF THAT'S STILL A NEED, THEN WE EVALUATE HOW BEST TO ACCOMPLISH THAT AT THAT POINT. BUT TRY NOT TO PENALIZE THE NON-VEHICULAR MODES TODAY IN BUILDING SOMETHING FOR BASICALLY THE CAR THAT'S NEEDED 20 YEARS FROM NOW. RIGHT? SO THAT WAS THAT WAS KIND OF THE AND I MEAN, I'VE BEEN HERE SEVEN MONTHS, SO I WISH I COULD HAVE DONE THIS LONG TIME AGO. SO WE WOULD HAVE AVOIDED THIS CONVERSATION WITH YOU ALL TODAY.

BUT THAT'S JUST HOW IT WORKED OUT WHERE WE'RE AT. YEAH. THANK YOU FOR EXPLAINING THAT. AS DOCTOR HARRISON, I APPRECIATE THE EMPHASIS ON THE NON VEHICLE BECAUSE WALLACE MIDDLE SCHOOL

[03:10:05]

IS RIGHT THERE. AND THOSE KIDS WILL BIKE AND WALK. AND PROTECTING THEIR SAFETY IS REALLY PARAMOUNT. SO THANK YOU. YEAH ABSOLUTELY. ANY OTHER QUESTIONS ANY MOTIONS I'LL GO AHEAD AND MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 16 SECOND SECOND BY COUNCILMEMBER MCKINNEY. ANY DISCUSSIONS ON THAT ITEM OKAY. THOSE IN FAVOR SAY AYE. AYE AYE. THOSE OPPOSED

[17) Consider approval of a resolution of the City Council of the City of Kyle, Texas approving and authorizing the execution of a reimbursement agreement relating to the Limestone Creek Public Improvement District; and resolving other matters related thereto.]

MOTION PASSES. AND ONE MORE ON THE CONSENT NUMBER 17. CONSIDER APPROVAL OF A RESOLUTION FOR THE CITY COUNCIL. CITY. KYLE, TEXAS, APPROVING AUTHORIZING THE EXECUTION OF A REIMBURSEMENT AGREEMENT RELATING TO THE LIMESTONE CREEK PUBLIC IMPROVEMENT DISTRICT AND RESOLVING OTHER MATTERS NEEDED. I BELIEVE THIS WAS COUNCIL MEMBER ZAPATA. YES. AND YOU DON'T HAVE TO GO THROUGH THE WHOLE PRESENTATION. I THINK I'M MORE JUST ASKING FOR A PROCEDURAL BREAKDOWN OF HOW THIS WORKS, BECAUSE I'M ALSO LEARNING IT AS I GO ALONG. SO I THINK IF YOU WANTED TO GO THROUGH THE PRESENTATION, YOU COULD, BUT I DON'T THINK YOU HAVE TO. SURE. SO GOOD EVENING, STEPHANIE LIEB WITH NORTON ROSE FULBRIGHT, OUR FIRM SERVICES BOND COUNSEL TO THE CITY. SO WE'RE BRINGING THE REIMBURSEMENT RESOLUTION TO OR SORRY, THE REIMBURSEMENT AGREEMENT TO ALL THIS EVENING FOR APPROVAL. IT'S CONTEMPLATED WITH LIMESTONE CREEK PUBLIC IMPROVEMENT DISTRICT. THE CITY PREVIOUSLY ISSUED BONDS FOR IMPROVEMENT AREA NUMBER ONE. THE DEVELOPER IS GOING TO BE COMING FORTH IN 2026 WITH A REQUEST FOR A BOND ISSUANCE FOR IMPROVEMENT AREA NUMBER TWO, AS THE DEVELOPMENT CONTINUES TO BUILD OUT IN CONJUNCTION WITH THAT NEW IMPROVEMENT AREA, THERE ARE PUBLIC IMPROVEMENTS THAT ARE GOING TO BE DEDICATED TO THE CITY. THAT DEDICATION IS SCHEDULED TO OCCUR BEFORE WE COME IN FOR THE BOND ISSUANCE. AND SO WE'RE PUTTING THIS REIMBURSEMENT RESOLUTION OR THIS REIMBURSEMENT AGREEMENT IN PLACE JUST TO MEMORIALIZE THE AGREEMENT BETWEEN THE CITY AND THE DEVELOPER BEFORE THOSE IMPROVEMENTS ARE DEDICATED. THE AGREEMENT ITSELF IS DRAFTED SO THAT ANY PAYMENT OBLIGATIONS OF THE CITY ARE CONTINGENT ON THAT FUTURE ASSESSMENT LEVY. SO IF THOSE ASSESSMENTS ARE NOT LEVIED, THEN THE REIMBURSEMENT AGREEMENT DOES NOT BECOME EFFECTIVE. OKAY. AND I THINK THAT WAS GENERALLY THE QUESTION THAT I HAD IS THAT WE'RE I GUESS, INITIATING THIS NOW ONE, BECAUSE WE CAN'T PROVIDE THE REIMBURSEMENT UNTIL WE HAVE THIS AGREEMENT IN PLACE. AND THEN TWO, ISN'T THIS ACTUALLY KIND OF A GOOD THING THAT WE'RE GETTING THESE IMPROVEMENTS AHEAD OF TIME? SO I THINK I ALSO JUST WANTED TO ACKNOWLEDGE THAT AS WELL. AND THOSE ARE ALL THE QUESTIONS I HAD. OKAY. SO I GUESS A MOTION TO APPROVE ITEM NUMBER 17. ALL RIGHT. SECOND OKAY. MOTION WAS MADE TO APPROVE AGENDA ITEM NUMBER 17 BY COUNCIL MEMBER ZAPATA. APPROVED BY MYSELF. IS THERE ANY DISCUSSION ON THIS ITEM? BRIAN HAD A COMMENT. BRIAN YOU HAD A COMMENT, SIR? NO, I THINK I WAS JUST I THINK AS WE WERE KIND OF MINCING OVER THE WORDS. REIMBURSEMENT RESOLUTION IS ALSO A CONCEPT, YOU SEE SOMETIMES IN HOW WE ISSUE BONDS IS YOU'RE ASKING FOR TO BE ABLE TO COUNT SOME OF THOSE COSTS AND BE ABLE TO REIMBURSE THEM DURING THE BOND ISSUANCE. THAT'S ESSENTIALLY THE PROCESS.

SO YOU'RE GOING TO SEE SOME OF THOSE THINGS FOR REIMBURSEMENT RESOLUTION WITH BONDS THAT WE'RE LOOKING AT. JUST SO THOSE COSTS ARE ELIGIBLE TO BE ISSUED IN THE BONDS. THAT'S ESSENTIALLY WHAT IT IS. YEAH. SO SO THIS IS KIND OF STANDARD NOW FOR MOST OF OUR DEVELOPMENTS THIS WILL BE STANDARD FOR DEVELOPMENTS FOR PUBLIC IMPROVEMENT DISTRICTS.

WHEN WE HAVE A DEVELOPER THAT'S READY TO CONVEY THE PUBLIC IMPROVEMENTS TO THE CITY BEFORE THEY ARE READY FOR THE BOND ISSUANCE. SO THIS IS ONE OF OUR WAYS OF ASSURING THAT THE INFRASTRUCTURE IS THERE BEFORE ALL OF THE DEVELOPMENT GOES IN. CORRECT. AND THE DEVELOPER WANTS TO MAKE SURE THEY GET CREDIT FOR THOSE COSTS IN THE ISSUANCE. OKAY. ANY OTHER DISCUSSION? THOSE WANT TO SAY I. I THOSE TONIGHT OKAY. MOTION PASSES. ALL RIGHT. WE'RE ON TO

[22) (First Reading) Consider approval of an ordinance to rezone approximately 0.2174 acres from ‘RS’ (Retail Services) to ‘CBD-2’ (Central Business District-2) for Lots 8 and 9, Block B, of the Original Town of Kyle Subdivision, located at 201 and 203 S. Old Highway 81, Hays County, Texas. (Z-25-0140) The Planning and Zoning Commission voted 6-0 to recommend approval on December 9, 2025. Public Hearing ]

THE LAST AGENDA ITEM OF THE NIGHT. LET'S GO TO AGENDA ITEM NUMBER 22. THIS IS A FIRST READING. CONSIDER APPROVAL OF AN ORDINANCE TO REZONE APPROXIMATELY 0.2 ACRES OF RS.

RETAIL SERVICES TO CBD TWO CENTRAL BUSINESS DISTRICT TWO FOR LOTS EIGHT AND NINE BLOCK B OF THE ORIGINAL TOWN OF KYLE SUBDIVISION, LOCATED ON 201 AND 203 SOUTH OLD HIGHWAY 81, HAYS COUNTY, TEXAS. PLANNING. ZONING. THIS DOES REQUIRE A PUBLIC HEARING, AND WE HAVE KAYLA SHARP, SENIOR PLANNING TO PRESENT. THANK YOU. ALL RIGHT. GOOD EVENING, COUNCIL KAYLA SHARP, SENIOR PLANNER. I'LL GO AHEAD AND RUN THROUGH MY PRESENTATION REALLY QUICK. AND

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