[I) Call Meeting to Order and Roll Call] [00:00:09] CLOCK. SO JUST I DON'T KNOW WHICH ONE TO GO OFF OF. BUT TODAY IS TUESDAY, FEBRUARY 17TH AND THE TIME IS 6 P.M. AND I'M GOING TO CALL THIS MEETING TO ORDER. CAN I GET A ROLL CALL, PLEASE? HERE TO PRESENT JOSEPH. HERE. MEDINA. HERE. ZAPATA. HERE. HARRIS. HERE. MCKINNEY. HERE. ALL RIGHT. WE HAVE SEVEN, SO WE HAVE A QUORUM. I'M GOING TO DO CITIZENS COMMENTS, PERIOD. [II) Citizen Comment Period with City Council] THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF CITY COUNCIL MEETINGS. THOSE WISHING TO SPEAK ARE ENCOURAGED TO SIGN IN BEFORE THE MEETING BEGINS. SPEAKERS MAY BE. MAY WILL BE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND THAT WE ASK THAT YOU OBSERVE OUR THREE MINUTE TIME LIMIT. ALL RIGHT. IT LOOKS LIKE I HAVE A FEW UP HERE. FIRST UP, I HAVE OSCAR GARZA. GREEN MEANS GO. RIGHT. ALL RIGHT. GOOD EVENING, MAYOR. COUNCIL, THANKS FOR THE OPPORTUNITY TO ADDRESS YOU. I AM HERE REPRESENTING EL TIGRE CONVENIENCE STORES. REFERENCE TO THE TO THE PROJECT THAT WILL BE DISCUSSED LATER TODAY. MY BACKGROUND AND WHY I HAVE BEEN BROUGHT TO THE PROJECT IS MY EXPERTISE IS IN TRAFFIC ENGINEERING, TRANSPORTATION ENGINEERING, ABOUT 15 YEARS OF EXPERIENCE WORKING DIRECTLY WITH TEXDOT AS A FORMER EMPLOYEE IN THE TRAFFIC OPERATIONS DIVISION AND NOW AS A CONSULTANT DOING MOSTLY TXDOT AND REGIONAL MOBILITY AUTHORITY TOLL ROAD AUTHORITY TYPE WORK AND LOOKING AT THE CURRENT DESIGN IN FRONT OF OF THE SUBJECT PROPERTY, I NOTICED THAT THERE MAY BE SOME POTENTIAL OPPORTUNITY TO OPTIMIZE A DESIGN RIGHT? NOT ONLY KEEPING SAFETY AS OUR PRIORITY, WHICH IS EVERYBODY'S PRIORITY, BUT ALSO WHILE MAINTAINING THAT SAFE GOAL THAT WE HAVE TO TO THE SAFETY GOAL THAT WE HAVE TO IMPROVE THE THE ENTRANCE. BUT WE COULD ALSO LOOK AT ALTERNATIVE DESIGNS THAT THAT ALSO OPTIMIZE ACCESS. OVERALL OPERATION OF THE CORRIDOR. RIGHT. KEEP IN MIND, WHEN WE MAKE CHANGES TO A CORRIDOR OR A SEGMENT OF ROADWAY, BECAUSE WHEN WE CHANGE TRAFFIC PATTERNS, THAT TRAFFIC GOES SOMEWHERE, RIGHT? IT GOES DOWNSTREAM OR UPSTREAM. SO I THINK MY RECOMMENDATION FROM A TRAFFIC TRANSPORTATION, AND I DON'T KNOW HOW WE'RE DOING ON TIME, I DON'T KNOW WHERE MY TIMER IS, BUT FROM A TRAFFIC AND THERE IT IS, TRAFFIC AND TRANSPORTATION PERSPECTIVE. I THINK WE NEED TO TAKE A LOOK BACK AND LOOK AT OVERALL IMPACTS. ARE WE MOVING THE PROBLEM DOWNSTREAM OR UPSTREAM? THAT'S SOMETHING THAT WE HAVE TO TAKE IN MIND. WE ALSO HAVE TO LOOK AT JUST OVERALL IMPACTS. RIGHT. WHAT IS THIS CHANGE IN ACCESS GOING TO DO TO ECONOMIC PERFORMANCE OF THAT PROPERTY SHORT TERM LONG TERM. WHAT THAT DOES TO THAT INDIVIDUAL, ALSO TO THE CITY. AND AND AGAIN, BACK TO THE OPERATIONAL IMPACTS TO THE REST OF THE INFRASTRUCTURE THAT THE CITY IS, YOU KNOW, UNDER STRESS ALREADY, RIGHT, TO MAINTAIN AND TO IMPROVE. RIGHT. ARE WE JUST AGAIN, MOVING THAT PROBLEM DOWNSTREAM OR UPSTREAM? SO ANYWAYS, JUST FROM, FROM MY MY 15 YEARS OF EXPERIENCE DEALING WITH THESE TYPES OF PROBLEMS, I COME WITH SOME VIABLE SOLUTIONS THAT THE OWNERS AND MYSELF WOULD LIKE THE OPPORTUNITY TO INVESTIGATE. YOU KNOW, QUITE FRANKLY, YOU MAY HAVE THE BEST OPTION THERE THAT THAT BALANCES ALL OF THOSE METRICS THAT WE HAVE TO LOOK AT WHEN WE WHEN WE IMPLEMENT DESIGNS. YOU MAY HAVE THAT, BUT I THINK WE NEED TO STEP BACK AND TAKE A LOOK AT IT JUST FROM AN OBJECTIVE PERSPECTIVE. RIGHT ABOUT IS THIS THE MOST OPTIMIZED DECISION DESIGN FOR THIS VERY UNIQUE SCENARIO? AND WE WOULD JUST LIKE THE OPPORTUNITY TO LOOK AT IT. THANK YOU. ALL RIGHT. THANK YOU. NEXT I HAVE JULIO CERDA. I'D LIKE TO DO IS JUST GIVE YOU A COPY OF JUST A SMALL PIECE OF SCHEMATIC THAT YOU GUYS HAVE IN YOUR WEBSITE FOR THE PROJECT. THE PROJECT WAS. [00:05:20] SURE. I JUST WANTED TO SHOW SOMETHING REAL QUICK FROM THIS ANGLE. YOU DON'T MIND? GOOD EVENING. MY NAME IS JULIA SERDA. I HAVE A LITTLE BIT MORE EXPERIENCE. I WISH I HAD ONLY 15 YEARS, BUT I GOT 27 YEARS OF EXPERIENCE IN THIS ENGINEERING FIELD. WITHIN THE 27 YEARS, I HAD TEN YEARS OF EXPERIENCE AS A CITY MANAGER OF A CITY THAT'S ONE AND A HALF TIMES THE SIZE OF CITY OF KYLE, WITH THE SAME EXPLOSION AND OPPORTUNITIES THAT CITY OF KYLE IS PROVIDING RIGHT NOW FOR ITS OWN CITIZENS AND SO FORTH. WE DID HAVE A PRETTY LARGE, FASTEST GROWING CITY IN THE VALLEY, AND THIS IS IN MISSION, TEXAS. I WAS THERE FROM 2003 TO 2013, SERVING BOTH AS CITY ENGINEER AND CITY MANAGER. CITY MANAGER THE LAST EIGHT YEARS, OF COURSE, BUT ONE OF THE. TO GIVE YOU A LITTLE PERSPECTIVE, WHEN WE PUT PROJECTS TOGETHER AND I KNOW THAT THAT THE CITY MANAGER HAS A LOT OF WORK TO DO, ASIDE FROM MAKING SURE THAT THE ROADS ARE CLEAN AND MAKING SURE THAT THE CITIZENS ARE TAKEN CARE OF, AND SO ON AND SO FORTH. I'VE KNOWN THAT JOB FOR A LONG TIME, AND I'M PRETTY SURE THAT THE DISCUSSION WITH YOU ALL ON A MONTHLY BASIS ON THESE PROJECTS, ESPECIALLY $100 MILLION PROJECTS, HAS BEEN OVER AND OVER. I'D LIKE TO DISCUSS WHAT YOU HAVE SHOWN TO THE PUBLIC AND WHAT YOU HAVE IN FRONT OF YOU IS A SCHEMATIC THAT SHOWS THE EXISTING SCENARIO THAT YOU HAVE CURRENTLY, WHICH IS A PAINTED MEDIAN INSTEAD OF A RAISED MEDIAN IN THE INTERSECTION. WHAT WE'D LIKE TO DO, BY THE WAY, I'M REPRESENTING TEXAS BEST WE WOULD LIKE TO DO IS FOR YOU TO CONTINUE AS IS, AS THE INTERSECTION, AS IS, JUST BECAUSE IT SERVES TWO PURPOSES FOR THE ECONOMIC PURPOSES AND SAFETY PURPOSES OF THE INTERSECTION. WE WOULD LIKE FOR IT TO BECOME AN INTERSECTION THAT'S GOING TO BE DANGEROUS FOR EVERYBODY. I HEARD SOMETHING EARLIER TODAY THAT SAYS PEOPLE ARE NORMAL PEOPLE, THAT THAT WE JUST FLOW LIKE WATER. WE FIND THE EASIEST WAY OUT. AND IF PEOPLE ARE GOING TO BE CUT OFF FROM GOING INTO THIS RESTAURANT, I MEAN, THIS, THIS CONVENIENCE STORE, THEY'RE GOING TO FIND A WAY TO GET THERE. IF NOT, THEY'RE GOING TO GO TO ANOTHER CONVENIENCE STORE A MILE AWAY. WE'RE TRYING TO CAPTURE TO MAKE SURE THAT WE WORK TOGETHER WITH THE CITY OURSELVES, TO CAPTURE THE TRAFFIC THAT'S COMING FROM THE EAST TOWARDS THE INTERSTATE. AND OF COURSE, THERE'S OTHERS THAT WILL BE COMING DOWN, AS YOU KNOW, THAT THEY'RE BUILDING A MCDONALD'S NEXT TO US, AND WE'D HATE FOR TRAFFIC TO FOLLOW. A. GOD. I'M NERVOUS. I'M SORRY I HAVEN'T DONE THIS IN A WHILE, GUYS, BUT AN ACTUAL NEIGHBORHOOD THAT IS A 30 MILE MILE NEIGHBORHOOD THAT PEOPLE ARE GOING TO FLOW TRAFFIC THROUGH THERE TO GET TO THE MCDONALD'S OR GET TO THE TEXAS. I'D LIKE TO JUST. IF YOU GIVE ME ONE MINUTE, MAYOR, THIS THIS ACTUALLY SHOWS YOU WHAT YOU HAVE SHOWING TO THE PUBLIC AND WHAT YOU'VE BEEN SHOWING SINCE 2022. AND I KNOW THAT YOU MEET ON A MONTHLY BASIS AGAIN TO DISCUSS THESE PROJECTS OVER AND OVER, BUT WE'D LIKE FOR YOU TO MAKE SURE AND YOU AT LEAST TAKE A CLOSE LOOK AT WHAT YOU HAVE. AND FOLLOWING ON OSCAR'S EARLIER COMMENT THAT JUST THE DATA ITSELF AS FAR AS TRAFFIC AND ALLOW YOU TO TO MAKE SURE THAT THAT TRAFFIC THAT IS GOING THERE WILL WORK BOTH ECONOMICALLY AND SAFELY FOR BOTH OF US. I KNOW I PRESENTED SOMETHING TO TO YOUR ENGINEER EARLIER A COUPLE OF MONTHS AGO, MAYBE 3 OR 4 MONTHS AGO, AND IT GOT DENIED DUE TO SAFETY. BUT WE HAVE THAT CURRENT SITUATION IN MISSION, TEXAS, ON A TEXTILE HIGHWAY TO A TEXTILE INTERSECTION HIGHWAY, INTERSTATE TWO. IT'S THE SAME SIMILAR SITUATION, BUT EVEN WORSE IN MISSION, TEXAS, BECAUSE WE GOT 37,000 CARS COMING DOWN THAT SAME ROADWAY AND IT'S SAFELY HAS A LEFT TURN ON A 250FT AWAY DRIVEWAY FOR A CVS PHARMACY IN MISSION, TEXAS. AND IT'S A TEXTILE HIGHWAY APPROVED BY TEXDOT, DONE BY TXDOT. AND ALL WE'RE ASKING IS FOR US TO WORK TOGETHER TO HAVE FLOW IN THE COMMUNITY FOR BOTH ECONOMIC PURPOSES AND SAFETY PURPOSES FOR US, AND IT WILL ALLOW US, TO US TO CONTINUE TO WORK WITH YOU. THAT THAT'D BE GREAT. ALL RIGHT. THANK YOU. ALL RIGHT. UP NEXT, I HAVE JOSEPH PHILLIPS. ASKING ALL OVER. I APOLOGIZE FOR I GUESS [00:10:20] IT'S KIND OF TEAMING UP, BUT SINCE THIS ISSUE IS GOING TO BE IN EXECUTIVE SESSION, WE DON'T HAVE AN OPPORTUNITY TO DISCUSS IT IF IT WERE IN PUBLIC. SO I DID WANT TO CLARIFY THAT. YES, THAT ONE ADMISSION I THINK WAS TWO WHATEVER IT WAS. TWO 6240 WE HAVE A LOT OF FLEXIBILITY THAT IF WE'RE GIVEN THE ABILITY TO CONTINUE TO HAVE A AN ACCESS FROM THE EAST SIDE, TO MOVE THAT BACK AS MUCH AS 300, 350FT BACK, WHICH IS SUBSTANTIALLY GREATER THAN SOME OF THE OTHER TEXTILE PLACES WE WANT TO MAKE IT SAFE TO. AND WE APPRECIATE THE FACT THAT THE CITY HAS INDICATED IT'S WILLING TO WORK WITH US ON THIS. AND AND THAT'S ALL I ASK. WE'VE OBVIOUSLY BEEN IN THIS COMMUNITY FOR 30 SOMETHING YEARS, AND HAVING THAT SUBSTANTIAL AMOUNT OF POTENTIAL BUSINESS CUT OFF FROM US, NOT ONLY FOR US, BUT ALSO THE MCDONALD'S KIDS ARE GOING TO WANT TO GET TO MCDONALD'S, AND IF THEY CAN'T GET IN THAT WAY, THEY'RE GOING TO PROBABLY COME THROUGH AMBERWOOD, WHICH IS NOT TO ANYBODY'S BENEFIT. AND WE BELIEVE MY ENGINEERS BELIEVE THAT WE HAVE A VERY VIABLE OPTION. AND I'M GOING TO GIVE YOU BACK THE MINUTE THAT HE USED EXTRA, I APPRECIATE THAT. THANK YOU SO MUCH. OKAY. DOES ANYBODY ELSE LIKE TO COME UP AND SPEAK. ALL RIGHT. SEEING NONE CITIZENS COMMENTS IS NOW CLOSED. UP NEXT WE HAVE [III) Executive Session] EXECUTIVE SESSION. THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION TO DISCUSS AGENDA ITEMS A ONE THROUGH H. PURSUANT TO TEXAS GOVERNMENT CODE SECTION 55 1.07155, 1.072 AND 551.087. I'M ALSO GOING TO RECUSE MYSELF FOR SECTIONS ONE ORDER. NOW THERE'S NO ACTION WAS TAKEN THERE. WE WILL BE TAKING ACTION NOW. AND WE HAVE THE MAYOR GOING TO RECUSE. AND WE HAVE COUNCIL MEMBER MARK MCKINNEY. I'D LIKE TO MAKE A MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE A FINAL SETTLEMENT AGREEMENT IN THE STATE OF TEXAS. X-RAY 1200 SOUTH OLD STAGECOACH LLC VERSUS CITY OF KYLE, TEXAS LITIGATION. THE AMOUNT NOT TO EXCEED $235,000, WITH SUCH FUNDING TO BE IDENTIFIED FROM AVAILABLE CITY FUNDS. OKAY MOTION HAS BEEN MADE BY COUNCIL MEMBER MARK MCKINNEY. DO WE HAVE A SECOND, SECOND, SECOND MAYOR PRO TEM THAT IS FOR ITEM ONE. D FOR ITEM ONE. DAVID. OKAY, WE HAVE A MOTION ON THE TABLE BY COUNCIL MEMBER MARK MCKINNEY AND SECOND BY COUNCIL MEMBER DOCTOR LEE HAYS. HARRIS. DO WE HAVE ANY DISCUSSION? OKAY. ALL THOSE IN FAVOR SAY I. THOSE OPPOSED. OKAY. MOTION PASSES, 6 TO 0. OKAY, WE'RE MOVING ON. I'D LIKE TO MAKE A MOTION ON ITEM ONE. C AUTHORIZING THE CITY MANAGER OR DESIGNEE TO NEGOTIATE AND EXECUTE A PURCHASE AND SALE AGREEMENT WITH KYLE ACRES, LLC IN THE AMOUNT OF $10,455,707, WITH THE 60 DAY FEASIBILITY PERIOD FOR THE PURCHASE OF APPROXIMATELY 25.381 ACRES OF LAND IN HAYS COUNTY, TEXAS, WITH THE LISTED ADDRESS OF 2301 SOUTH I-35. WITH SUCH FUNDING AVAILABLE IN THE WATER AND WASTEWATER FUNDS. SECOND OKAY MOTION WAS MADE BY MARK MCKINNEY ON ITEM ONE. CHARLIE, FOR THAT AMOUNT THERE. OKAY. WE HAVE A MOTION THAT WAS MADE AND SECOND BY DOCTOR HARRIS. DO WE HAVE ANY DISCUSSION ON THE MOTION? I DO OKAY. I JUST WANT TO SAY THAT I AM NOT IN FAVOR OF PURCHASING THIS LAND. WE HAVE NO IDEA HOW IT WILL LOOK. WE HAVE NO IDEA HOW WE WANT IT TO LOOK. WE HAVE NOT HAD AN OPEN DISCUSSION WITH OUR RESIDENTS ABOUT THIS, AND WE'VE RECEIVED ZERO RESIDENT FEEDBACK. AND SO UNTIL WE DO, I WILL NOT BE IN FAVOR OF THIS. OKAY. ALL RIGHT. ANYBODY ELSE HAVE A DISCUSSION ON THIS? I'D JUST LIKE TO ADD THAT I PLAN ON TAKING MY 60 DAYS ON THIS FEASIBILITY TIME TO DISCUSS WITH THE RESIDENTS AND GET SOME FEEDBACK. AND I ENCOURAGE MY MY PEERS TO DO AS WELL. ULTIMATELY, I FEEL LIKE THIS COULD DEFINITELY BE A A LONG TERM STRATEGY THAT WE'RE WE'RE GLAD WE MADE THE MOTION ON WHEN IT WAS AVAILABLE. OKAY. DO WE HAVE ANYBODY ELSE? OKAY. COUNCIL MEMBER GARZA, I WANT TO ADD THAT I HAVE A LOT OF CONCERNS ABOUT THE COST OF THIS PROPERTY. OUR CITIZENS ALREADY ARE EXPERIENCING EXTREMELY HIGH WATER BILLS. THERE'S A LOT OF AFFORDABILITY ISSUES. THIS [00:15:01] COMES OUT OF OUR WATER AND WASTEWATER FUNDS. AND SO WE NEED TO, I THINK, REALLY THINK ABOUT WHETHER WE WANT TO GO AHEAD AND BUY SUCH AN EXPENSIVE PIECE OF LAND. AND AS I'VE EXPRESSED, YOU KNOW, THERE ARE OTHER PARCELS THAT ARE AVAILABLE THAT ARE MUCH LESS. SO I'M NOT GOING TO BE IN FAVOR OF MOVING FORWARD WITH THIS EITHER. OKAY. IF I COULD ADD, IS THERE WITH THIS 60 DAY FEASIBILITY, WHAT DOES THAT REALLY ACCOUNT TO ON THAT END? IF IF YOU DON'T MIND ADDING TO THAT TO WHAT WHAT THIS MOTION IS REALLY STATING. SO THIS WOULD ALLOW US TO HAVE OUR ARCHITECT ON CONTRACT, WHICH WE HAVE AN ITEM LATER ON. YOUR AGENDA FOR RANDALL SCOTT ARCHITECTS TO BEGIN DOING SOME WORK ON THE PROPERTY TO BRING YOU BACK SCHEMATICS TO SHOW YOU KIND OF WHAT COULD BE PLANNED ON THOSE. WE'VE ALREADY DONE SOME PRELIMINARY WORK ON THAT, BUT THIS WOULD GIVE YOU KIND OF A LAND PLAN FOR THE PUBLIC WORKS FACILITY, AS WELL AS THIS NEW PIECE OF PROPERTY AND HOW THAT CAN BE USED OVER TIME. ADDITIONALLY, HOW IT CAN BE USED FOR OUR FLEET MAINTENANCE FACILITY, WHICH IS A PROJECT THAT WE'VE TALKED ABOUT, IS BUILDING AN ACTUAL IN-HOUSE FLEET MAINTENANCE OPERATION, AS WELL AS A FUELING FACILITY FOR ALL OF OUR CITY VEHICLES. SO IT'S REALLY A STRATEGIC USE OVER TIME, OVER THE NEXT 20 TO 30 YEARS OF HOW THAT PROPERTY CAN BE USED. BUT WE'LL BE ABLE TO BRING YOU BACK SOME INFORMATION IN THE NEXT 60 DAYS. OKAY. SO BASICALLY IT'S NOT IN REFERENCING AND PURCHASING THE ITEMS, THE PRODUCT, THE LAND ITSELF AT THIS TIME, BUT JUST BRINGING BACK SCHEMATICS AS FAR AS WHAT THIS PROPERTY WOULD BE USED FOR. CORRECT? RIGHT. SO IT'S AN OPTION ON THE PROPERTY THAT YOU WOULD NOT HAVE AN OBLIGATION TO BUY. YOU WOULD HAVE I BELIEVE IT'S $10,000 THAT WOULD BE AT RISK IF YOU DECIDED NOT TO BUY IT, BUT YOU WOULD HAVE 60 DAYS TO BRING BACK THAT INFORMATION AND THEN DECIDE IF YOU WANTED TO PROCEED WITH ACTUAL PURCHASE. OKAY. DO WE HAVE ANYBODY ELSE THAT WOULD LIKE TO ADD TO THE DISCUSSION? I DO HAVE A QUESTION FOR STAFF. WHAT INFORMATION ARE WE GOING TO PROVIDE THEM WITH THE ENGINEERING? WE REALLY HAVEN'T HAD A DEEP DISCUSSION ON HOW WE WANT THIS AREA TO LOOK. SO MEANING ARE WE GOING TO GO ALL OUT AND SAY WE WANT THE FUEL TANKS AND WE WANT EVERYTHING ELSE THAT WE'VE SEMI DISCUSSED? I GUESS ANOTHER REASON WHY I DON'T WANT TO VOTE ON IT IS BECAUSE WE DON'T HAVE A GOOD IDEA OF WHAT IT'S GOING TO LOOK LIKE. WE HAVE BITS AND PIECES BUT NOT A CLEAR IDEA. SO WHEN YOU GO FOR THE ENGINEERING PLANS, HOW DO WE AS COUNCIL KNOW WHAT WE'RE ASKING FOR? WELL, I THINK THAT THE DISCUSSION HAS BEEN TO INCLUDE A FUELING FACILITY AND A FLEET MAINTENANCE FACILITY. THOSE AREN THE PAST BUDGET, AND THE COUNCIL HAD DIRECTED US TO PROCEED ON. SO WE DO THINK THOSE ARE GOING TO BE ITEMS THAT WE WOULD LOOK FOR, THE FEASIBILITY FOR THEM TO SEE. IS IT FEASIBLE IN THIS LOCATION AND HOW WOULD YOU ALIGN THOSE OPERATIONS. SO THAT WOULD BE PART OF IT. YES. OKAY. THANK YOU. OKAY. ALL RIGHT. SO DO WE HAVE A MOTION ON THE TABLE ALREADY. YES WE DO. OKAY. ALL RIGHT. THOSE IN FAVOR SAY AYE. AYE OKAY. THOSE OPPOSED NAY. OKAY. MOTION PASSES 5 TO 2. OKAY. AND I BELIEVE THAT'S ALL WE HAVE TO CLOSE. YEP. WE'LL GO AHEAD AND CLOSE EXECUTIVE SESSION. AND WE WILL NOW TURN IT OVER TO * This transcript was compiled from uncorrected Closed Captioning.