Apr 21, 2026 City Council Regular Meeting

[00:00:02]

WE HAVE TO WAIT FOR THE TAPE TO FLIP OR SOMETHING? NOPE. ALL RIGHT. THEN WE'RE GOING TO GO AHEAD AND START A REGULAR SCHEDULED MEETING. ALL RIGHT. I'D LIKE TODAY IS I LOOK AT MY WATCH EVERY TIME AND THE DATE NEVER CHANGES. IT'S TUESDAY, APRIL 21ST, 2026. THE TIME IS 752, AND I WOULD LIKE TO CALL THIS REGULARLY SCHEDULED MEETING TO ORDER. CAN I GET A ROLL CALL, PLEASE? FLORES HERE. TOBIAS, I. DOSA PRESENT. MEDINA. HERE. ZAPATA. HERE. HARRIS.

HERE. MCKINNEY HERE. ALL RIGHT, WE HAVE SEVEN PEOPLE HERE. WE HAVE FIVE ON THE DAIS. WE HAVE A QUORUM. UP NEXT. NO, WE'RE GOING TO START. WE'RE GOING TO DO THE PLEDGE OF ALLEGIANCE.

OKAY. THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU VERY MUCH. OKAY. NEXT,

[II) Citizen Comment Period with City Council]

HONORABLE MAYOR, DISTINGUISHED MEMBERS OF THE CITY COUNCIL, FELLOW RESIDENTS. AGAIN, JASON PAYNE WITH THE AMERICAN RED CROSS, THE CURRENT SITTING COMMANDER JUST CAME TO GIVE YOU A HEADS UP ON EVERYTHING THAT WE'VE BEEN DOING THIS. LAST WEEKEND, WE HAD OUR RED CROSS DISASTER ACTION TEAM ACADEMY AND GOT SEVERAL PEOPLE TRAINED, AND BEING ABLE TO ASSIST WITH THE RESPONSE. SO I WON'T BE THE ONLY ONE HERE HANDLING THEM BESIDES ME AND STEVE. SO WE'VE GOT A FEW MORE PEOPLE TRAINED. WE DID HAVE THREE ACTUAL RESPONSES THAT WE HAD TO GO OUT WITHIN THE CITY OF KYLE. THERE WERE TWO THAT WERE TOTAL LOSSES AND ONE WAS INTERNAL, JUST MINOR DAMAGE RESULTING IN THEM BEING ABLE TO GET SOME ASSISTANCE FROM THE RED CROSS AS WELL. AS WE HAD A COUPLE OF OTHER PEOPLE THAT WERE FROM OTHER FIRES THAT CAME OUT TO THE POST TO BE ABLE TO PICK UP SUPPLIES THAT WE HAVE FROM OUR CLOSET AND EVERYTHING. WE ALSO WANT TO REMIND EVERYBODY THAT WE HAVE THE EVENT COMING ON IN MAY, MAY 28TH. WE'RE DOING THE BIG BLOOD DRIVE FOR THE RED CROSS, AND IT'S GOING TO BE AT GEMSTONE PALACE. THEY'RE GOING TO BE THERE FROM 4 TO 10, I THINK SOMEWHERE AROUND THERE. OR ACTUALLY, SORRY, 11 TO 4 IN MY I GET TOO MANY THINGS AT SCHOOL IN HERE. 11 YEAH. SO 11 TO 4 WE'RE GOING TO BE THERE.

WE'LL BE THERE MOST OF THE DAY DOING A WELLNESS CLINIC FOR MEN AND WOMEN. YOUNG. SO THERE'S GOING TO BE A WELLNESS CLINIC AT THE SAME PLACE, SAME TIME. THE BLOOD DRIVE WILL JUST TAKE ON LATER ON. SO THERE'S GOING TO BE PLACES WHERE YOU CAN GET MASSAGE, GET REIKI DONE, DIFFERENT THINGS LIKE THAT, DIFFERENT HOLISTIC MEDICINES AND EVERYTHING. THE FOLLOWING DAY, FRIDAY NIGHT, WE'RE GOING TO HAVE OUR US VSD, WHICH IS UNITED STATES VETERANS SERVICE DOG BANQUET. SO YOU'RE WELCOME TO GET INVOLVED IN THAT AND COME. IT'S GOING TO BE A BANQUET AT THE GEMSTONE PALACE TO CELEBRATE ALL THE STUFF THAT WE'RE DOING HERE NOW WITH THE US VSD TO GET THEM OUT TO VETERANS AND STUFF. AS YOU CAN SEE, THIS ONE RIGHT HERE, SHE MAKES IT TO WHERE I CAN BE ABLE TO COME. PLACES LIKE THIS, BE AT THE SCHOOL AND INFLUENCE YOUR YOUNG KIDS, WHICH MAY OR MAY NOT BE A GOOD THING, BUT I AM THERE. SO. BUT SHE HELPS THEM AND SHE HELPS ME. THAT'S ALL I GOT. THANK YOU, THANK YOU. ALL RIGHT. NEXT I HAVE SAM LAU.

HELLO. MY NAME IS SAM LAU AND I'M HERE TO SPEAK IN OPPOSITION TO ITEM NUMBER FOUR. THIS IS MY FIRST TIME SPEAKING AT CITY COUNCIL. AND THERE ARE THINGS THAT MAKE ME VERY PROUD TO BE AN AMERICAN. AND CHIEF AMONG THOSE IS THE FREEDOM TO PURSUE OUR OWN VISION OF HAPPINESS AND FLOURISHING. AND THIS IS A FREEDOM THAT LIES IN THE CLEAR PROTECTION FOR OUR PRIVATE

[00:05:03]

I SAID THERE ARE THINGS THAT MAKE ME PROUD TO BE AN AMERICAN. THERE ARE SOME THINGS THAT MAKE ME ASHAMED TO BE IN KYLE, AND THE FACT THAT WE HAVE THESE FLOCK CAMERAS IS ONE OF THEM.

SO IN ADDITION TO REJECTING ITEM FOUR, I THINK YOU SHOULD CANCEL THE CONTRACT. THE RISKS TO THIS ARE NOT JUST MASS SURVEILLANCE, BUT ARE NOT JUST SORT OF THE THREATS OF MASS SURVEILLANCE, BUT THE REAL ABUSES THAT THAT THIS CAN LEAD TO. YOU DON'T HAVE TO HAVE A WARRANT TO LOOK SOMEONE UP. AND PEOPLE FROM OUT OF STATE ON FLIMSY PRETEXTS ARE LOOKING PEOPLE UP. YOU KNOW, IF SOMEONE IS BEING ABUSED OR HAS A STALKER, IF THAT PERSON JUST HAS A BUDDY IN SOME SMALL TOWN SOMEWHERE ELSE IN THE COUNTRY, THEY CAN LOOK UP, TRACK THEIR MOVEMENTS. THAT'S NOT SOMETHING WE WANT. THIS PROPOSAL FOR PEREGRINE BUYING FURTHER STUFF, ALTHOUGH THERE'S STUFF ABOUT LIKE, OH, IT STOPS THIS THEFT OF CATALYTIC CONVERTERS. WE DON'T NEED FURTHER AI DATABASES THAT CAN SEARCH UNCONSTITUTIONALLY INTO OUR LIVES. SO I JUST WANT TO END WITH THIS QUOTE FROM ONE OF OUR FOUNDING FATHERS, BENJAMIN FRANKLIN, THAT THOSE WHO WOULD GIVE UP THEIR LIBERTY FOR A LITTLE BIT OF TEMPORARY SAFETY DESERVE NEITHER LIBERTY OR SAFETY. AND I HOPE THAT'S NOT A DECISION THAT YOU GUYS ARE GOING TO MAKE HERE TONIGHT. THANK YOU, THANK YOU. NEXT, I HAVE MARK SPENCER. MARK SPENCER FOR THE RECORD, PRESIDENT OF THE LAW ENFORCEMENT ASSOCIATION. I'M HERE TODAY TO REASSURE THE RESIDENTS OF KYLE THAT AMIDST ALL OF THE HEATED DISCUSSION ON THE DAIS, RAMPANT ONLINE MISINFORMATION, THE MEN AND WOMEN OF THE KYLE POLICE DEPARTMENT ARE COMMITTED TO DELIVERING A HIGH LEVEL OF SERVICE. I ENCOURAGE THIS COUNCIL TO SEEK OUTPUT FROM NOT ONLY OUTSIDE SOURCES, BUT FROM THE BOOTS ON THE GROUND STATISTICS AND DATA, WITHOUT CONTEXT FROM THOSE IN THE FIELD OFTEN LEADS TO MISINFORMATION AND DISTRUST FROM THE PUBLIC.

AS A SERGEANT AT THE KYLE POLICE DEPARTMENT, I REMINDED DAILY OF THE IMPORTANCE OF STRONG LEADERSHIP. AT THIS TIME, I WOULD LIKE TO COMMEND THE OUTGOING CITY MANAGER, BRIAN LANGLEY, FOR HIS CONSISTENT LEADERSHIP, HIS GENUINE CARE FOR THE KYLE POLICE DEPARTMENT.

BRIAN WAS CONSISTENTLY PRESENT, OFTEN ATTENDING SHIFT BRIEFINGS AND TRULY EMBODYING AN OPEN DOOR POLICY. BRIAN AND HIS TEAM HAVE ELEVATED THE KYLE POLICE DEPARTMENT TO A DESTINATION DEPARTMENT WHERE OFFICERS WITH YEARS OF EXPERIENCE FROM OTHER DEPARTMENTS UPROOT THEIR FAMILIES TO JOIN THE CULTURE THAT WE BUILT HERE IN KYLE, THANK YOU. AND I TRULY BELIEVE GOODYEAR IS GOING TO BE VERY SATISFIED WITH THEIR SELECTION. THANK YOU. ALL RIGHT. THANK YOU.

NEXT I HAVE PAIGE GIORDANO. GOOD EVENING COUNCIL AND MAYOR. MY NAME IS PAIGE GIORDANO AND I'M A RESIDENT AND HOMEOWNER IN KYLE. I'D LIKE TO TESTIFY AGAINST ITEM NUMBER FOUR ON THE CONSENT AGENDA. LAST MEETING, THE POLICE CHIEF MENTIONED A VERY LOW CRIME RATE IN KYLE. IF THE CHIEF THINKS THAT WE WOULD NEED PREDICTIVE POLICING SOFTWARE. I WOULD CHALLENGE HIM IN THE COUNCIL TO RETHINK WHAT PUBLIC SAFETY IS AT THE CORE AND IF THIS WOULD TRULY ACHIEVE THOSE GOALS. I BELIEVE THIS SOFTWARE COULD VERY WELL BE A VIOLATION OF OUR FOURTH

[00:10:03]

THOSE CAMERAS AREN'T WORTH IT. MEANWHILE, WE HAVE OUR CHIEF OF POLICE IN KYLE SAYING THINGS LIKE, I AM WILLING TO FORGO THAT. RIGHT. AND THAT IS EXTREMELY CONCERNING. ANOTHER REASON THAT LOCKHART'S DISCUSSION REMINDS ME OF KYLE'S IS BECAUSE THEIR FORMER MAYOR ALSO BROUGHT UP THE POINT THAT THAT THEY DO NOT HAVE AN ISSUE WITH INCREASED CRIME AND IN FACT, HAVE SEEN A DECREASE IN CRIME IN THEIR AREA. THE SAME GOES FOR KYLE, WHERE YOUR CRIME RATE IS 50 TO 60% LOWER THAN THE STATE'S AVERAGE AND 70 TO 80% LOWER THAN THE NATIONAL AVERAGE. FINALLY, ALSO IN OCTOBER, AFTER MONTHS OF DILIGENT DEBATES, RESEARCH AND GATHERING COMMUNITY FEEDBACK, HAYS COUNTY COMMISSIONERS ULTIMATELY VOTED NOT ONLY AGAINST THE EXPANSION OF THEIR INVENTORY OF AUTOMATED LICENSE PLATE READERS, BUT CANCELED THEIR CONTRACT ALTOGETHER. EACH OF THESE MUNICIPALITIES MADE THE DECISION TO CUT ACCESS TO TRACKING THEIR COMMUNITIES BECAUSE THEY UNDERSTOOD THAT THE ILLUSION OF INCREASED SAFETY WAS NOT WORTH SACRIFICING OUR RIGHT TO PRIVACY AND LIBERTY. AS SOMEONE WHOSE JOB HAS ME SPENDING A GOOD AMOUNT OF A GOOD AMOUNT OF TIME IN THE CITY OF KYLE, I AM ASKING THAT YOU FOLLOW THE LEAD OF YOUR NEIGHBORING JURISDICTIONS AND STAND UP TO DEFEND OUR RIGHTS TO PRIVACY AND OUR DATA. THANK YOU. THANK YOU VERY MUCH. NEXT, I HAVE LARRY GARLICK. MAYOR, COUNCIL. GOOD EVENING. MY NAME IS LARRY. I LIVE IN SIX CREEKS. I'M HERE ON ITEM TEN. THE PROPOSED AMENDMENT AND REPEAL OR REPLACEMENTS FOR CHAPTER 50. I ASK THAT THIS BE PULLED FROM THE CONSENT AGENDA FOR DISCUSSION. I'D LIKE THE COUNCIL TO LOOK AT ONE SPECIFIC SENTENCE IN THAT DRAFT. SECTION TWO IDENTIFIES THE SECTIONS BEING AMENDED OR REPLACED, SEVERAL WHICH ARE SEVERAL SECTIONS OF CHAPTER 50. BUT THE ORDINANCE ITSELF STATES SECTION 23, 50, 23, AND 5024 ARE NOT AMENDED OR REPEALED BY THIS ORDINANCE AND WILL REMAIN AS PREVIOUSLY ADOPTED AMENDED. THAT IS A CORRECT RESULT, AND I THANK THE CITY FOR DRAFTING IT THAT WAY. WHILE WE MAY DISAGREE ON 5023 B AND 5024 B, AT LEAST WE CAN CLEARLY AGREE THAT 5023 A AND 5024 A HAVE READ SINCE ADOPTION IN 2007 THAT MINIMUM MONTHLY CHARGES FOR OUTSIDE CITY CUSTOMERS ARE 1.2 TIMES THE INSIDE CITY RATES THAT WAS CODIFIED IN 2009. NO ORDINANCE HAS EVER EXPRESSED EXPRESSLY REPEALED THEM. THE CODE COMPARATIVE TABLE SHOWS ZERO ENTRIES FOR THOSE SECTIONS, AND THIS DRAFT EXPLICITLY PRESERVES THEM. SO HERE'S MY QUESTION FOR THE COUNCIL TONIGHT. IF 20, 50, 23 A AND 5024 A REMAIN IN FORCE AND THIS ORDINANCE PRESERVES THEM, WHY DOES THE SCHEDULE OF RATES, FEES AND CHARGES INCLUDED IN THE PACKET SHOW THE FOLLOWING. INSIDE CITY MONTHLY MINIMUM WATER CHARGES $50.69.

OUTSIDE 9231. THAT'S 1.8 TIMES INSIDE CITY MONTHLY WASTEWATER MINIMUMS. 2423 OUTSIDE 3954.

[00:15:01]

AND I WANT TO TELL YOU A LITTLE BIT ABOUT ME. I JOINED THE WAR EFFORT BEFORE I WAS OLD ENOUGH TO VOTE AND I WAS A CHILD. I HAD TO HAVE MY PARENTS SIGN OFF ON THE PAPERWORK SO MY FRIENDS AND I COULD GO DO OUR PART BECAUSE THE GENERATION BEFORE US SAID IT WAS OUR RESPONSIBILITY. SO WE DID. I CAME HOME, BUT ALL MY FRIENDS DID NOT COME HOME. WE LOST THEM TO BULLETS, ROCKETS, BRAIN TUMORS FROM EXPOSURE. SEE, I WASN'T AN INFANTRYMAN. I SWUNG A SLEDGEHAMMER FOR A LIVING, BUT I DID THAT IN SOME OF THE MOST BRUTAL ENVIRONMENTS, AND IT BROKE US. AND I DID THAT FOR EIGHT YEARS. AND THEN I CAME HOME AND I CAME HOME AND EXPECTED THAT I WOULD FINALLY GET TO GET A SENSE OF THE FREEDOMS THAT EVERYONE TALKED ABOUT, BECAUSE I'D NEVER EXPERIENCED IT. I WENT STRAIGHT FROM MY PARENTS HOUSE AND MY PARENTS RULE TO BEING STRAIGHT UNDER THE MILITARY RULE. AND THAT WAS JUST THE LIFE THAT I LIVED. SO I ENJOYED THAT FOR A PERIOD OF TIME UNTIL IT WAS REVEALED TO ME WHAT WAS GOING ON. AND I WANT TO BE CLEAR THAT IT'S GETTING CALLED MISINFORMATION, THAT THESE SURVEILLANCE SYSTEMS YOU HAVE ARE ARE NOT TRACKING PEOPLE. AND I'M GOING TO SAY THAT'S A BLATANT LIE. IT REALLY IS. AND YOU EITHER KNOW THAT AND YOU'RE BEING COMPLACENT IN IT, OR YOU'RE YOU DON'T. AND IT'S BECAUSE YOU DON'T WANT TO SEE IT. BUT THAT IS THE TRUTH. AND I'VE GIVEN THIS EVERY OPPORTUNITY. I EVEN TOOK THE ADVICE OF SOMEONE I SPOKE WITH THE OTHER DAY WHO SAID, THERE'S GOT TO BE ANOTHER HALF OF THE STORY. SO I PURSUED IT AND I FOUND THE OTHER HALF OF THE STORY AND IT DOESN'T LOOK GOOD. SO I WENT THROUGH AND THIS TOOK ME PROBABLY A DOZEN HOURS, AND I READ THESE STUDIES THAT FLOCK THEMSELVES PUBLISHED IN EVERY REFERENCE STUDY THAT THEY PUBLISHED. AND HONESTLY, SOME OF THE STUFF THAT I SAW ON THESE IS THINGS THAT I MIGHT EVEN BE ON BOARD WITH, BECAUSE THESE PROGRAMS DON'T LOOK TERRIBLE. BUT WHAT YOU BUILT IS NOT THIS. IT'S SOMETHING ELSE ENTIRELY. THERE IS NOTHING IN HERE. THERE'S NOTHING ANYWHERE THAT SAYS HAVING HISTORICAL DATA ON EVERY SINGLE CITIZENS MOVEMENT PATTERNS IS IN ANY WAY GOING TO HELP. IT'S NOT GOING TO HELP REDUCE CRIME. IT'S NOT GOING TO HELP REDUCE CATALYTIC CONVERTER THEFT. IT'S NOT LIKE IT'S THERE'S NO VALUE TO IT WHATSOEVER. THERE MAY HAVE BEEN AN APPLICATION OF THIS EXACT SYSTEM THAT I MIGHT HAVE AGREED WITH, BUT THIS IS IS AGAIN, NOT IT. AN EXAMPLE I WOULD GIVE IS THAT THERE'S ONE CELL PHONE TOWER WITHIN A MILE OF MY HOUSE, AND THERE'S FOUR FLOCK CAMERAS. YOU NEED A WARRANT TO CHECK MY CELL SITE RECORDS, BUT YOU HAVE MORE GRANULAR DATA FROM THE CAMERAS THAN YOU DO FROM THAT.

SO THAT'S SOMETHING YOU NEED TO CONSIDER WHENEVER YOU VOTE TO KEEP BUILDING THESE SYSTEMS. THANK YOU. THANK YOU. NEXT I HAVE MIKE MCDONALD.

GOOD EVENING. THIS EVENING I'D LIKE TO SPEAK ABOUT THE KYLE CITY OF AUSTIN ORGANIZATION CHART. I THINK SOMETIMES WE FORGET THAT THE CITIZENS OF AUSTIN ARE AT THE VERY TOP OF THE CHART. NOW WHY IS THAT? WHY IS THE CITY OF KYLE CITIZENS ABOVE CITY

[00:20:09]

YOU, YOU, YOU VOTED LIKE IT'S ALL ON YOU. BUT MY MY QUESTION IS WHO, WHO DO YOU REPRESENT? WHO ARE YOU VOTING FOR? HAVE YOU ACTUALLY GONE AND SPOKE TO THE RESIDENTS IN YOUR DISTRICT? HAVE YOU SEEN WHAT HAVE YOU ASKED WHAT THEIR THEIR THOUGHTS ARE ON DIFFERENT THINGS. YOUR JOB IS TO MAKE OUR LIFE BETTER. THAT'S. THAT'S WHAT YOUR JOB IS. LAST. LAST YEAR, THIS PAST BUDGET WE HAD INCREASES. SO OBVIOUSLY SOME OF YOU WERE NOT DOING YOUR JOB BECAUSE WHY DO WE HAVE THOSE INCREASES? WE DIDN'T NEED THEM. BUT SOMEONE DROPPED THE BALL AND NOW WE HAVE INCREASES. THIS COMING YEAR WE'RE GOING TO HAVE MORE. SO WE ALREADY HAVE THOSE BURDENS ON OUR BACK. AND YOU'RE GOING TO PUT MORE ON OUR BACK. NOW THAT'S A COUNCIL MEMBER IS A REPRESENTATION. YOU ARE SITTING IN THOSE SEATS IN OUR PLACE. SO THAT MEANS YOU DO WHAT WE WANT YOU TO DO, NOT WHAT YOU WANT TO DO. YOU HAVE FORFEITED THAT ACTUALLY, BECAUSE WHEN YOU HAVE YOUR CITIZENS, YOUR RESIDENTS, THOSE PEOPLE IN YOUR DISTRICT TELLING YOU TO DO ONE THING AND YOU DO ANOTHER, THAT MEANS YOU DON'T YOU DON'T REALLY CARE. AND THE PROBLEM WITH THAT IS, IS THAT'S WHY WE'RE IN THE MESS ROOM RIGHT NOW. THAT'S WHY WE HAVE ALL THESE PROBLEMS THAT WE GOT TO TRY AND FIGURE OUT. THE ORGANIZATION CHART IS THERE FOR A REASON. THAT'S FOR YOU GUYS TO UNDERSTAND WHO YOU ACTUALLY WORK FOR. AND IT'S NOT A SPECIAL INTEREST GROUP. IT'S NOT A POLITICAL PARTY AND IT'S NOT A DEVELOPER. IT'S THE RESIDENTS OF KYLE. THANK YOU. THAT'S ALL I GOT TO SAY. ALL RIGHT. THANK YOU. NEXT I HAVE STEPHANIE MCDONALD, PLEASE. GOOD EVENING, MAYOR AND CITY COUNCIL MEMBERS. THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT. I WOULD LIKE TO ASK YOU TO MOVE AGENDA ITEM NINE.

THE NAMING OF CITY PROPERTIES TO THE TOP OF THE DISCUSSION. AT OUR LAST COUNCIL MEETING, A PRESENTATION WAS GIVEN BY OUR FINANCE DIRECTOR, PERVEZ MOHIT. DURING THE DISCUSSION, COUNCIL MEMBER GOSA ASKED HIM, WHAT ASPECT OF YOUR JOB KEEPS YOU UP AT NIGHT? HIS REPLY WAS THE CITY'S DEBT. WHILE THIS IS NO SURPRISE TO ANYONE THAT HAS BEEN FOLLOWING ALONG WITH CITY COUNCIL AGENDAS AND MEETINGS, IT SHOULD DEFINITELY NOT BE A SURPRISE TO ALL MEMBERS OF COUNCIL. ALL. OUR MAYOR HAS BEEN TIRELESSLY WORKING TOWARDS CITY TRANSPARENCY AND ACCOUNTABILITY TO BE MET WITH CONSTANT PUSHBACK BY CERTAIN MEMBERS OF COUNCIL, SPECIFICALLY COUNCIL MEMBERS HARRIS, MCKINNEY AND ZAPATA. WHY SHE ASKED FOR PRESENTATION ON THE LAST FIVE YEARS OF CITY SALARIES. COUNCIL MEMBER ZAPATA PUSHED BACK AND PUSHED BACK HARD. COUNCIL MEMBER ZAPATA ACCUSED THE MAYOR OF WASTING CITY STAFF'S TIME WITH HER REQUEST FOR INFORMATION. BUT I DID NOTICE THAT ON OTHER AGENDA ITEMS, COUNCIL MEMBER ZAPATA IS DIRECTING CITY STAFF TO BRING BACK ALL KINDS OF OTHER STUFF THAT WE DON'T NEED. SO WHEN THE MAYOR WANTED TO REVIEW CITY MANAGER BRIAN LANGLEY'S CONTRACT, WHICH IS AN ANNUAL RESPONSIBILITY OF THE COUNCIL, COUNCIL MEMBER ZAPATA ACCUSED THE MAYOR OF CREATING A HOSTILE WORK ENVIRONMENT FOR EVERY CITY EMPLOYEE. THE MAYOR TRIED TO EXPLAIN TO COUNCIL MEMBER ZAPATA THAT THIS IS OVERSIGHT, THAT THE COUNCIL IS TASKED WITH. COUNCIL MEMBER MCKINNEY HAS A BACKGROUND IN FINANCE, AND I WANT TO KNOW WHAT ROLE HAS HE PLAYED IN ENSURING OUR CITY IS IN A GOOD FINANCIAL POSITION? COUNCIL MEMBER MCKINNEY, DID YOU SPEAK WITH PERVEZ THIS WEEK ABOUT THE ISSUE OF DEBT THAT KEEPS HIM UP AT NIGHT? PERVEZ STATEMENT SHOULD WAKE UP THE ENTIRE COUNCIL AS WELL AS ALL RESIDENTS. COUNCIL, STOP FIGHTING THE MAYOR AND YOU KNOW

[00:25:01]

ALL RIGHT. I HAVE STACEY. I'M SORRY. RIGHT. OKAY. THANK YOU. HI, I'M STACEY PEPPERCORN. I LIVE HERE IN KYLE, AND I'M SPEAKING SPECIFICALLY TO THE MOBILITY PLAN ITEM TONIGHT.

ITEM NUMBER 17. I WORK IN ECONOMIC DEVELOPMENT, SO I TEND TO LOOK AT THESE TYPES OF PLANS THROUGH BOTH A USER LENS AND A LONG TERM PLANNING LENS. I UNDERSTAND THAT THE TRAILS MASTER PLAN WILL ULTIMATELY GET INTO MORE DETAIL ON DESIGN AND SPECIFIC USES, INCLUDING WHETHER MOUNTAIN BIKING IS INCORPORATED, BUT BECAUSE OF MOBILITY, PLAN IS THE OVERARCHING FRAMEWORK THAT GUIDES HOW WE THINK ABOUT CONNECTIVITY, TRAILS AND MULTIMODAL INFRASTRUCTURE ACROSS THE COMMUNITY. I THINK IT'S IMPORTANT TO CALL THIS OUT AT THIS STAGE. I RECENTLY MOVED FROM THE CEDAR PARK AREA, WHERE TRAIL SYSTEMS, INCLUDING MOUNTAIN BIKING, HAVE BEEN INTENTIONALLY INCORPORATED INTO PLANNING. WHAT THAT'S CREATED IS NOT JUST CONNECTIVITY, BUT A BROADER OUTDOOR RECREATION SYSTEM THAT DRAWS PEOPLE IN, SUPPORTS LOCAL BUSINESSES, AND ENHANCES OVERALL QUALITY OF LIFE. AND SPEAKING PERSONALLY, I'M AN ACTIVE MOUNTAIN BIKER AND IT'S SOMETHING I REGULARLY TRAVEL TO OTHER CITIES FOR BECAUSE THOSE TYPES OF FACILITIES JUST AREN'T WIDELY AVAILABLE EVERYWHERE. SO I'VE SEEN FIRSTHAND THE KIND OF DRAW AND IMPACT THEY CAN HAVE. I ALSO WANT TO ACKNOWLEDGE THAT I KNOW THE TRANSPORTATION AND PUBLIC WORKS DEPARTMENT AND PARKS AND RECREATION DEPARTMENT HAVE ALREADY BEEN DOING GREAT WORK IN THIS SPACE AND WORKING SEAMLESSLY TOGETHER, INCLUDING SUPPORTING EFFORTS WITH THE LOCAL MOUNTAIN BIKING COMMUNITY AND THE KYLE TRAIL COALITION, AS WELL AS WORKING TOGETHER TO ENSURE REGIONAL ALIGNMENT. SO I SPEAK TO YOU TONIGHT TO NOT SPEAK TO WHAT ISN'T BEING DONE, BUT TO INSTEAD BRING THIS IMPORTANT COMPONENT FRONT OF MIND. I WANT TO HIGHLIGHT THAT MOUNTAIN BIKING IS FUNDAMENTALLY DIFFERENT FROM TRADITIONAL SHARED USE PATHS. IT RELIES ON NATURAL SURFACE TRAILS, TYPICALLY WITH AN INTRICATE GREENBELT TRAIL SYSTEMS, AND SERVES AS A DIFFERENT USE AND SERVES A DIFFERENT USER GROUP. WHEN CITIES CONSIDER THAT EARLY IN PLANNING, IT INTEGRATES NATURALLY INTO THE SYSTEM. WHEN IT'S NOT CONSIDERED EARLY, IT BECOMES MUCH HARDER TO RETROFIT LATER. SO WHILE I REALLY APPRECIATE THE FOCUS ON CONNECTIVITY IN THIS PLAN, I'D ALSO ENCOURAGE THE CITY TO THINK ABOUT HOW PEOPLE ACTUALLY USE TRAILS DAY TO DAY, NOT JUST FOR GETTING FROM POINT A TO POINT B, BUT FOR RECREATIONAL AND EXPERIENCE. CITIES THAT DO THIS WELL AREN'T JUST BUILDING TRAILS. THEY'RE CREATING PLACES THAT PEOPLE WANT TO COME TO.

AND THAT HAS REAL LONG TERM ECONOMIC AND COMMUNITY IMPACT. SO MY ENCOURAGEMENT, MY ENCOURAGEMENT WOULD BE TO ENSURE THAT AS BOTH THE MOBILITY PLAN AND TRAILS MASTER PLAN MOVE FORWARD, THERE IS INTENTIONAL CONSIDERATION OF DIFFERENT TRAIL TYPOLOGIES, INCLUDING NATURAL SURFACE AND MOUNTAIN BIKING AS PART OF THE OVERALL NETWORK. I THINK KYLE IS AT A REALLY UNIQUE POINT WHERE YOU CAN INCORPORATE THESE IDEAS AND BUILD A FOUNDATION THAT CHANGES THE TRAJECTORY OF THE QUALITY OF LIFE HERE IN KYLE, I ENCOURAGE YOU TO KEEP TRAIL CONNECTIVITY AND PARTICULARLY PARTICULARLY TRAIL RECREATION WITH MOUNTAIN BIKING TOP OF MIND WHEN MAKING DECISIONS TO FUND MOBILITY AND PARKS AND REC TRAIL PROJECTS. I LOOK FORWARD TO STAYING INVOLVED AS THESE INITIATIVES MOVE FORWARD. THANK YOU. ALL RIGHT. THANK YOU. OKAY. THIS TIME I'M OUT OF FORM. SO IF ANYBODY WOULD LIKE TO COME AND SPEAK, LET ME KNOW. ALL RIGHT. SEE NOBODY. I'LL GO AHEAD AND CLOSE. CITIZENS COMMENTS. NEXT

[III) Agenda Order]

[V) Consent Agenda]

[00:30:04]

ALL RIGHT. SO IT LOOKS LIKE WE HAVE 131236789. SO WITH THAT I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEMS 123678 AND NINE. THREE APPROXIMATIONS. I LIED I'M SORRY. I'M GLAD YOU THINK THAT'S FUNNY. YEAH. SO THEN WE'RE GOING TO SAY FOUR, THEN GETS PULLED. TEN IS PULLED.

SO 678 AND NINE. ALL RIGHT. I'M GOING TO CHANGE THAT. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 678 AND NINE SECOND. ALL RIGHT. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR, SAY AYE. AYE. OPPOSED. OKAY. WE HAVE SEVEN ZERO ITEM PASSES.

[VI) Items Pulled from Consent Agenda]

[00:35:01]

AND I DON'T THINK I'D WANT EXAMPLES. I'D WANT LIKE THE FULL LIST OF EVERYTHING THAT WOULD BE PLUGGED INTO IT. THE OTHER QUESTION THAT I HAVE IS HOW DOES THIS INTEGRATE WITH FUZES AND LIKE OUR REAL TIME CRIME CENTER AND WHAT SORT OF DATA GOVERNANCE DOCUMENTS KIND OF ADDRESSED, WHERE ONE PLATFORM ENDS AND WHERE ONE BEGINS? YES, MA'AM. FUCHSIA'S IS A PROGRAM THAT ALLOWS US TO DO A LOT OF LIVE STREAMING. IT DOES INCLUDE OUR LICENSE PLATE READERS, BUT BODY CAMERAS, IN-CAR CAMERAS, OTHER CAMERAS IN THE CITY THAT WE HAVE ACCESS TO, OTHER LIVE VIEWS. IF WE WHEN WE HAVE DRONES THAT WE COULD INTEGRATE IN THAT AS WELL, CAN CAN FEED INTO IT. THIS PARAGRAPH IS MOSTLY IS ALL JUST DATA THAT WE HAVE. SO THINK ABOUT REPORT MANAGEMENT SYSTEM DATA. THE LICENSE PLATE READERS, TICKET WRITER SOFTWARE DATA THAT WE HAVE JAIL RECORDS. SO IT'S MORE DATA, NOT LIVE STREAMING. IT WILL WORK TOGETHER. THE REAL TIME CRIME CENTER FOLKS THAT WE HAVE WILL BE ABLE TO USE BOTH OF THEM LIVE, STREAM THE VIDEOS AND ALSO DO DEEP RESEARCH. CURRENTLY, THEY ARE LOGGING INTO EACH DIFFERENT SYSTEM AND TYPING NAMES OR WHATEVER WE'RE TRYING TO SEARCH AT THAT TIME DURING THAT CALL, BUT IT'S DOING IT MULTIPLE TIMES ONCE IN EACH SYSTEM RATHER THAN A SOLO PROGRAM. YES. AND SO MY CONCERN ISN'T NECESSARILY PROVIDING ACCESS TO ALL OF OUR OWN DATA THAT WE OBTAIN OURSELVES. WHAT I HAVE CONCERNS WITH IS HAVING THIS COMPANY THAT WAS FOUNDED BY A FORMER EXECUTIVE OF PALANTIR, WHO FORBES EVEN CALLED THIS A GOOGLE LIKE SEARCH ENGINE FOR LAW ENFORCEMENT AGENCIES BECAUSE IT PLUGS IN A VAST AMOUNT OF EXTERNAL DATA SOURCES, INFORMATION THAT PEREGRINE TECHNOLOGIES THEMSELVES PURCHASED FROM DATA BROKERS WHO SCRAPE THE INTERNET. SO THIS ALSO INCLUDES SOCIAL MEDIA INFORMATION AS WELL. AND SO WHAT IT DOES IS IT IS A PREDICTIVE POLICING TECHNOLOGY.

IT PROVIDES ALL OF THAT ANALYSIS. AND SO WHEN FOLKS SAY THAT THIS ISN'T NECESSARILY MASS SURVEILLANCE, MASS SURVEILLANCE IS AN UMBRELLA. SO YOU HAVE YOUR DATA COLLECTION TOOLS, WHICH ARE GOING TO BE LIKE BODY CAMS, ALPERS, ANY AUDIO THAT'S PICKED UP. AND THEN YOU HAVE OTHER ITEMS THAT ARE DATA FUSION, DATA ANALYSIS, AND THAT FALLS INTO THIS AREA THAT PEOPLE LIKE TO TALK ABOUT AS LIKE DATA DRIVEN POLICING, WHICH IS ALSO CONSIDERED PREDICTIVE POLICING. AND I HAVE CONCERNS ON ALLOWING AN AI ALGORITHM TO DETERMINE WHERE POLICE OPERATIONS SHOULD OCCUR. AND I UNDERSTAND THAT THERE IS STILL A HUMAN MAKING A DECISION ULTIMATELY AT THE END OF THE DAY, BUT IT LOSES THE OBJECTIVITY BECAUSE THAT HISTORICAL DATA IS GOING TO CONTINUE FEEDING ITSELF. SO IF YOU HAVE HOT SPOTS AND YOU SEND OUT MORE PATROLS INTO THAT AREA, YOU'RE GOING TO CATCH MORE CRIME. THAT ULTIMATELY FEEDS THE SYSTEM, KIND OF LIKE A FEEDBACK LOOP. AND I JUST WANT TO MAKE SURE THAT WE'RE NOT PUTTING OUR RESIDENTS IN ADDITIONAL HARM'S WAY, BECAUSE I HAVE A VERY, VERY BAD FEELING THAT THIS WILL START LEAKING OVER INTO OVERCRIMINALIZATION OF SOME OF OUR RESIDENTS. AND THAT IS THE LAST THING THAT I WANT, AND I HAVE NO ISSUES WITH OUR OWN POLICE DEPARTMENT. WHAT I DO HAVE ISSUES WITH IS THIS THIRD PARTY AI ALGORITHM THAT IS KNOWN FOR ITS PREDICTIVE POLICING, AND THERE HAS BEEN CASE STUDY AFTER CASE STUDY RESEARCH AFTER RESEARCH FROM THE NAACP, ALCU UNIVERSITY OF MICHIGAN, FORD SCHOOL OF POLICY, BRENNAN CENTER FOR JUSTICE THAT ALL TALK ABOUT, AND THIS IS YEARS AND YEARS AND YEARS OF RESEARCH AND DATA THAT SHOWS THAT PREDICTIVE POLICING IS HARMFUL. AND I WOULD JUST LIKE IF WE HAD MORE TIME TO ACTUALLY DISCUSS WHAT EXACTLY LEVEL, FOR EXAMPLE, OF PEREGRINE TECHNOLOGIES THAT IS THAT WE'RE PURCHASING, BECAUSE I BELIEVE THAT THEY, ACCORDING TO THEIR AMAZON WEB SERVICES MARKETPLACE,

[00:40:07]

ALL RIGHT. I HAVE A QUESTION. SO, COMMANDER, IS THERE A TIME THAT YOU CAN SET UP SO COUNCIL MEMBERS CAN COME BY AND LOOK AT THE AT THE SOFTWARE AND GET A GOOD IDEA OF WHAT THAT DOES AND WHAT THAT LOOKS LIKE. CERTAINLY, I ACTUALLY BELIEVE THAT CHIEF IS ABOUT THE ONLY ONE THAT'S PROBABLY SEEN THIS AND THOUGHT IT WAS A GOOD IDEA. AGAIN, THE REASON FOR THE AGENDA ITEM TODAY WAS JUST TO APPLY REAPPLY FOR THE GRANT THAT WE'VE HAD FOR THE PAST THREE YEARS. SO RIGHT NOW WE HAVEN'T THIS ISN'T A REQUEST TO PURCHASE THE MATERIAL. SO WE CAN CERTAINLY PROVIDE MORE PROVIDE COMPS, SET UP MEETINGS. SO THIS WILL BE COMING BACK TO COUNCIL.

ABSOLUTELY. OKAY. SO THAT GIVES THEM A PERFECT OPPORTUNITY FOR RESIDENTS TO COME OUT ONCE AGAIN AND ASK QUESTIONS. THAT GIVES COUNCIL MEMBERS TIME TO GO TO THE POLICE DEPARTMENT, HAVE A LOOK, KIND OF FIGURE OUT HOW IT'S WORKING OUT FOR THE CITY. MAYBE IF SHE HAS CONCERNS, SHE CAN BRING THOSE BACK AND WE CAN DISCUSS THOSE IN PARTICULAR. OTHERWISE, I'M JUST KIND OF AFRAID THAT WE'RE JUST GOING TO BE GOING. I THINK SHE NEEDS LIKE HANDS ON AND THEN THEN SHE CAN SEE. I MEAN, I'M KIND OF FLUSTERED. I REMEMBER NINE, 11, 911 CAUSED ALL THIS BECAUSE THERE WAS A LACK OF COMMUNICATION WITH SO MANY DEPARTMENTS THROUGHOUT THE UNITED STATES. AND I WAS IN MY 20S. I REMEMBER IT LIKE IT WAS YESTERDAY. AND SO WHEN THERE WAS AN OPPORTUNITY FOR ALL OF THE FBI, CIA, POLICE DEPARTMENT TO GET TOGETHER AND TO TALK ABOUT THE INFORMATION THAT THEY HAD, IT WASN'T A BAD THING. AND SO I'M NOT SAYING THAT THIS IS A PERFECT POLICY OR THIS IS A PERFECT SETUP, BUT I THINK THE PERFECT PERSON TO GO LOOK AT IT AND TO BRING BACK THAT INFORMATION WOULD BE COUNCIL MEMBER ZAPATA SO SHE COULD HAVE THAT OPPORTUNITY. I THINK THAT WOULD BE FANTASTIC. WOULD BE HONORED. WELL, WE ALSO DON'T HAVE THIS CURRENTLY, SO IT WOULD BE IMPOSSIBLE TO SET THAT UP. AND ALSO THE NSA WAS A PRODUCT OF NINE OVER 11. AND MANY, MANY AMERICANS, MILLIONS OF AMERICANS HAVE ISSUES WITH NSA. SO I JUST WANT TO STATE THAT FOR THE RECORD, DID YOU HAVE SOMETHING TO SAY, COUNCIL OR DID YOU HAVE A RESPONSE? WE CAN CERTAINLY SET UP A DEMO AND HAVE A REP COME COME IN AND SHOW YOU. YEAH, I MEAN, I'M FAMILIAR WITH HOW IT WORKS AND I HAVE CONCERNS BECAUSE ADDITIONALLY, LIKE AS SOMEONE WHO'S A FULL TIME GRANT WRITER, I UNDERSTAND THAT WHEN YOU APPLY FOR A GRANT AND YOU SAY, THIS IS HOW WE ARE GOING TO EXPEND THE FUNDS, THEY EXPECT YOU, THAT YOU'RE GOING TO EXPEND THE FUNDS THAT WAY. SO IF WE ARE SUBMITTING A GRANT APPLICATION AND WE'RE SAYING, HEY, WE'RE GOING TO USE A PORTION OF THIS TO COMPLETE A CONTRACT WITH PEREGRINE TECHNOLOGIES. IF WE DON'T, WE'RE GOING TO BE IN VIOLATION OF THAT GRANT APPLICATION. SO THERE WAS AN ASSUMPTION MADE THAT THIS CONTRACT WAS GOING TO ULTIMATELY PASS. AND SO THAT CONCERNS ME BECAUSE THAT'S JUST THE WAY THAT GRANT APPLICATIONS WORK. I DON'T BELIEVE THAT WE'VE APPLIED FOR THE GRANT. THIS IS OUR INTENT. SO THIS REQUEST TODAY IS TO APPLY FOR THAT GRANT. YES. AND THAT INCLUDES THE PEREGRINE TECHNOLOGIES. CORRECT. SO THAT MEANS THAT IN ANY OF THE GRANT MATERIALS THAT HAVE BEEN CREATED, IT INCLUDES THAT THAT AMOUNT FOR PEREGRINE TECHNOLOGIES. YES. PERFECT. ALL RIGHT. DOES ANYBODY ELSE HAVE ANYTHING ELSE TO SAY? JUST REAL QUICK. GO AHEAD. THANK YOU, COMMANDER GOODING, FOR COMING IN AND GOING OVER THIS PRESENTATION WITH US. AND JUST AGAIN, TO REITERATE, THIS IS REQUESTING PERMISSION TO APPLY FOR THE GRANT, AND THEN IF AWARDED THE GRANT, YOU WOULD THEN BE COMING BACK APPROXIMATELY IN JULY TO ASK PERMISSION TO ACCEPT THE GRANT. YES, MA'AM. CORRECT. OKAY. SO THEN AT THAT TIME, IF THERE'S FURTHER QUESTIONS, CONCERNS OR PROBLEMS, WE CAN HAVE ANSWERS POSSIBLY AT THAT TIME TO ADDRESS THEN, CORRECT? YES, MA'AM. AWESOME. THANK YOU SO MUCH. COUNCILMAN MCKINNEY OR MAYOR PRO TEM TOBIAS. GO AHEAD. YES. IT'S AMAZING. IF PEOPLE WOULD JUST BEHAVE THEMSELVES AND FOLLOW THE LAW, WE WON'T HAVE CRIME. BUT AGAIN, THAT'S A DIFFERENT WORLD THAT WE'RE LIVING IN. BUT I UNDERSTAND EVERYBODY'S CONCERN. BIG BROTHER WATCHING EVERYBODY. AND I COULD GO ON AND ON AND SAY, YOU KNOW, WELL, YOU'RE BEING WATCHED AT. AND THE BANK, I SAW ALL THE EMAILS AND CORRESPONDENCE ON FACEBOOK ABOUT RINGTONES AND SO FORTH LIKE THAT. I GET IT. I UNDERSTAND EVERYBODY'S CONCERNED AND, AND NOT TO

[00:45:06]

THERE'S ALWAYS GOING TO BE SKEPTICISM ON EVERYTHING THAT WE USE. AND WHETHER IT'S MODERN TECHNOLOGY OR WHATEVER IT IS. LIKE I'VE TALKED TO MANY PEOPLE BEFORE, I UNDERSTAND IT'S NOT JUST SO MUCH THE SURVEILLANCE. EVERYBODY'S COMFORTABLE WITH THAT, BUT IT ALWAYS SEEMS TO COME BACK WHEN IT HAS TO DO WITH LAW ENFORCEMENT. THAT IS WHEN THERE'S SO MUCH PUSHBACK BECAUSE OF LAW ENFORCEMENT. YOU DON'T SEE IT IN THE EDUCATION MARKET. YOU DON'T SEE IT IN THE PRIVATE SECTOR. BUT WHEN IT COMES TO LAW ENFORCEMENT, IT'S ALWAYS A BIG FACTOR ON THAT END.

IT'S ALWAYS A BIG PUSHBACK. MY THING IS, IS THAT WE CONTINUE TO EDUCATE OUR OUR RESIDENTS ABOUT WHAT THIS PROGRAM DOES. IF WE DECIDE TO DO LIKE A TOWN HALL AT THE PUBLIC SAFETY CENTER OF WHAT THE ACTUAL SYSTEM DOES ITSELF, WE CAN NOT ONLY JUST INVITE COUNCIL MEMBERS, BUT OTHER RESIDENTS THAT HAVE QUESTIONS AND PROBABLY WOULD HELP, WOULD HELP IS WHAT IF WE GET SOMEBODY FROM THE COMPANY THEMSELVES DIRECTLY AND GIVE A PRESENTATION ABOUT IT? THE COMPANY THAT ACTUALLY IS, IS, IS WORKING WITH FLOC AND SO FORTH, AND HAVE OUR RESIDENTS ASK THEM THE QUESTIONS DIRECTLY BECAUSE IT SEEMS LIKE IT'S, IT'S, IT'S A THIRD PARTY MIXTURE HERE WHERE WE'RE GETTING INFORMATION FROM THE INTERNET TO RESEARCH. IT'S JUST LIKE ANYTHING ELSE. WELL, WHAT IS WHAT IS VALID? WHAT IS UPDATED, WHAT IS REAL TIME? AND I THINK IF WE CAN NARROW IT DOWN EVEN MORE TO WHERE WE COULD GET OUR RESIDENTS THAT INFORMATION THERE, HAVE A ONE ON ONE, MAYBE SEE IT FIRSTHAND HOW IT WORKS AND HAVE IT DEMONSTRATED. AGAIN, YOU'RE GOING TO HAVE PEOPLE THAT ARE GOING TO DISAGREE WITH IT NO MATTER WHAT, WHICH IS FINE. THEY HAVE A RIGHT TO, BUT AT LEAST WE'RE BRINGING AWARENESS AND WE'RE BRINGING AN EDUCATION MARKET TO THE BEST THAT WE CAN FOR THESE PEOPLE TO UNDERSTAND WHERE OUR POLICE IS GOING, WHY THEY'RE USING THE TECHNOLOGY WHEN THEY'RE USING THAT TECHNOLOGY, AND HOW WE COULD NOT SO MUCH PREVENT THE CRIME. BUT WHENEVER SOMETHING DOES GO DOWN IN YOUR NEIGHBORHOOD, WE WERE ABLE TO TRACK WHATEVER CRIMINAL ACTIVITY OR CRIMINALS THAT ARE INVOLVED IN BRINGING THE JUSTICE. THAT'S THE MAIN THING. THANK YOU, THANK YOU.

ALL RIGHT. ANYBODY ELSE? COUNCILMEMBER GARZA, I JUST WANT TO SAY THANK YOU FOR YOUR PATIENCE WITH ALL OF THESE QUESTIONS. I KNOW KIND OF IT'S A HOT BUTTON TOPIC FOR SOME PEOPLE. I, WHEN I DID MY RIDE OUT WITH THE OFFICER EARLIER THIS YEAR, I NOTICED THE NUMBER OF PROGRAMS THAT HE HAD TO LOG INTO. AND WHEN YOU'RE NOT LOGGED INTO SOMETHING IMMEDIATELY AND YOU GET A CALL IN, IT CAN COST TIME AND THAT COULD COST A LIFE. IT COULD COST, YOU KNOW, PROPERTY DAMAGE, ANY NUMBER OF THINGS. SO I DO FEEL LIKE IT'S IMPORTANT TO HAVE A MORE SINGULAR INTERFACE IN ORDER TO FACILITATE JUST THAT EASE AND BEING ABLE TO GET THAT INFORMATION VERY RAPIDLY. THAT BEING SAID, YOU KNOW, IN TERMS OF THERE BEING KIND OF THE, THE PUBLIC FEAR ABOUT THIS, THE THERE HAVE BEEN A COUPLE OF DIFFERENT RULINGS WHERE THE COURTS HAVE RULED THAT THIS IS LEGAL. AND, YOU KNOW, WHEN YOU'RE DRIVING ON OUR PUBLIC ROADS, YOU'RE REGULATED BY HAVING A DRIVER'S LICENSE, HAVING TO HAVE INSURANCE. THERE ARE THINGS THAT YOU HAVE TO HAVE IN ORDER TO DRIVE AND PARTICIPATE IN THAT LEVEL OF SOCIETY. SO, YOU KNOW, I THINK WE CAN LOOK AT THIS WITH AN OPEN MIND AND JUST BE VERY SUPPORTIVE AND FIGURE OUT WHAT EXACTLY THAT END TO THAT MEANS IS. BUT I'M IN SUPPORT OF THE GRANT AND, YOU KNOW, I'M WILLING TO SEE WHAT YOU ALL HAVE TO BRING FORWARD WITH THAT.

ALL RIGHT. WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER FOUR. SECOND, I HAVE A MOTION BY MYSELF, SECONDED BY COUNCIL MEMBER MEDINA. ALL IN FAVOR, SAY AYE.

AYE. OPPOSED? NO. ALL RIGHT. ITEM PASSES 6 TO 1. THANK YOU, THANK YOU. NEXT, I HAVE AGENDA ITEM TEN. CONSIDER APPROVAL OF AN ORDINANCE AMENDING CHAPTER 50, ARTICLE TWO OF THE CITY OF KYLE. CODE OF ORDINANCES TO REPEAL AND REPLACE SELECTED SELECTIONS AND TO ADD NEW SECTIONS 50.32 AND 50 DASH 33 GOVERNING WATER AND WASTEWATER BILLING AND ENFORCEMENT TO UPDATE RULES ON DEPOSITS, PENALTIES, PAYMENTS, PROCEDURES AND RELATED POLICIES TO PROMOTE CONSISTENT SERVICE DELIVERY, FAIRNESS TO CUSTOMERS AND THE LONG TERM FINANCIAL SUSTAINABILITY OF THE CITY'S UTILITY SYSTEM. ITEM PRESENTER JOSHUA JOSHUA IS OUT OF TOWN. I

[00:50:05]

WILL STILL BE HERE. YEAH. I JUST DON'T WANT TO KEEP GOING. CAN WE PUT THIS AT THE END AND THEN TALK ABOUT IT AT THE END. WE CAN DO THAT. YEAH. LET'S DO THAT. SO I WANT THERE'S PEOPLE HERE THAT AGENDA ITEM 17. AND WOULD YOU LIKE TO TAKE A VOTE TO TABLE ITEM FIVE. YOU SAID WE WERE GOING TO TABLE BUT DIDN'T ACTUALLY TAKE A VOTE. THANK YOU VERY MUCH. YES. I WOULD LIKE TO MAKE A MOTION TO TABLE AGENDA ITEM FIVE SECOND. ALL RIGHT. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. THOSE COUNCIL MEMBER GARZA SORRY I'M OFF MY A GAME TODAY, MAN. YEAH. COUNCIL MEMBER GARZA ALL IN FAVOR SAY I OPPOSE A MOTION PASSES SEVEN ZERO. DID YOU WANT TO GO BACK AND DO THE PROCLAMATION, MAYOR? DID YOU WANT TO DO PRESENTATIONS AND PROCLAMATIONS AND RECOGNITION? YES. I JUST WANT TO MAKE SURE THAT 17 ALL RIGHT. NEXT

[2) A proclamation recognizing America 250 Marker on behalf of the Jacob’s Well Chapter, National Society Daughters of the American Revolution.]

AND WHEREAS THE NATIONAL SOCIETY DAUGHTERS OF THE AMERICAN REVOLUTION, DAR IS A NONPOLITICAL WOMEN'S SERVICE ORGANIZATION ESTABLISHED IN 1890, WHOSE MEMBERS ARE LINEAL DESCENDANTS FROM PATRIOTS OF THE AMERICAN REVOLUTION. AND WHEREAS THROUGH THE DAR PRESIDENTS, GENERALS LEADERSHIP, DAUGHTERS ARE SPENDING THE NEXT THREE YEARS ILLUMINATING OUR LEGACY BY CELEBRATING OUR NATION'S RICH HISTORY AND DIVERSITY, PROMOTING BELONGING THROUGH MEMBERSHIP AND DEDICATED SERVICES TO GOD, HOME AND COUNTRY, AND BY COMPLETING PROJECTS IN UNIQUE, LOCAL AND IMPACTFUL WAYS. AND WHEREAS, FROM THE 250TH ANNIVERSARY OF THE BOSTON TEA PARTY IN 2023 TO THE 250TH ANNIVERSARY OF THE SIGNING OF THE TREATY OF PARIS IN 2033, DAUGHTERS ARE CELEBRATING OUR NATION'S RICH HISTORY AND DIVERSITY OF EXPERIENCE BY HONORING ALL MEN AND WOMEN WHO ACHIEVED AMERICAN INDEPENDENCE. THESE PATRIOTS, BELIEVING IN THE NOBLE CAUSE OF LIBERTY, FOUGHT TO ESTABLISH A NEW NATION. AND WHEREAS JACOB SWELL CHAPTER DAR ON APRIL 25TH, 2026 WILL DEDICATE AN AMERICAN 250 PATRIOTS MARKER AT EMILY AND VETERANS MEMORIAL PLAZA TO COMMEMORATE THE SERVICE AND SACRIFICE OF REVOLUTIONARY WAR PATRIOTS. NOW THEREFORE, BE IT PROCLAIMED THAT I, MAYOR YVONNE FLORES KEHL, COMMEND THIS COMMEMORATION TO ALL TEXAS RESIDENTS. SIGNED AND ENTERED THIS 12TH DAY OF APRIL 2026, 21ST DAY OF APRIL 2026. AND IF I COULD HAVE ONE OF YOU GUYS COME UP AND SPEAK AND JUST GIVE US A LITTLE BACKGROUND. YES. JANINE. ANYBODY? REGENT JACOB'S WELL, CHAPTER D A R. WIMBERLEY IS WHERE WE ARE. WE ARE HONORED TO RECEIVE THIS PROCLAMATION THIS EVENING FROM YOU, MAYOR, AND FROM THE COUNCIL. I HAVE TO ALSO SAY THAT WHAT WE ARE CELEBRATING IS HAPPENING HERE TODAY. WE ARE HEARING THE RESULTS OF THE EFFORTS OF THE MEN AND WOMEN THAT SACRIFICED TO MAKE THIS COUNTRY INTO WHAT IT IS TODAY, AND I REALLY DO APPRECIATE BEING HERE WITH YOU.

AND I INVITE YOU TO ATTEND SATURDAY. IT'S BETWEEN 10 AND 11. THIS IS THE ONLY AMERICA 250 PATRIOT MARKER IN HAYS COUNTY OR BETWEEN AUSTIN AND SAN ANTONIO. SO IT IS A LITTLE

[00:55:06]

YEAH. TAKE MY JACKET OFF. DO YOU GUYS WANT. OF COURSE. PERFECT.

[3) A proclamation recognizing Earth Day.]

AND WHEREAS THE CITY OF KYLE HAS DEMONSTRATED A STRONG COMMITMENT TO ENVIRONMENTAL STEWARDSHIP THROUGH ITS CONSERVATION DIVISION, WHICH PROTECTS AND ENHANCES NATURAL AREAS USING SCIENCE BASED LAND MANAGEMENT PRACTICES THAT SUPPORT HEALTHY SOILS, CLEAN WATER, NATIVE VEGETATION AND LOCAL WILDLIFE. AND WHEREAS, THE CITY OF KYLE'S 2025 WATER MASTER PLAN HIGHLIGHTS THE IMPORTANCE OF SUSTAINABLE AND RESILIENT WATER MANAGEMENT STRATEGIES TO ADDRESS THE CHALLENGES OF RAPID GROWTH, INCREASING DEMAND, AND LONG TERM WATER SUPPLY NEEDS. AND WHEREAS NATURE BASED SOLUTIONS, INCLUDING THE PRESERVATION OF EXISTING TREES, NATIVE LANDSCAPING, GREEN STORMWATER INFRASTRUCTURE, RIPARIAN BUFFERS AND CONSERVATION OF OPEN SPACE PROVIDE MULTIPLE BENEFITS, INCLUDING IMPROVED WATER QUALITY, ENHANCED GROUNDWATER RECHARGE, REDUCED FLOODING AND INCREASED COMMUNITY RESILIENCE. AND WHEREAS MAINTAINING NATIVE VEGETATION AND EXPANDING TREE CANOPY HELPS REDUCE URBAN HEAT, IMPROVE AIR QUALITY AND CREATE HEALTHIER AND MORE LIVABLE NEIGHBORHOODS. AND WHEREAS THE CITY OF KYLE HAS DEMONSTRATED LEADERSHIP THROUGH INITIATIVES SUCH AS THE NATIVE LANDSCAPING PILOT REBATE PROGRAM AND INVESTMENTS IN COMMUNITY ASSETS LIKE LAKE KINSINGTON NATURE PARK, WHICH PROMOTE CONSERVATION, OUTDOOR RECREATION AND ENVIRONMENTAL EDUCATION. AND WHEREAS INCORPORATING THE VALUE AND FUNCTION OF NATURE INTO COMMUNITY PLANNING AND INFRASTRUCTURE SUPPORTS LONG TERM SUSTAINABILITY, STRENGTHENS ECOLOGICAL SYSTEMS AND ENHANCES QUALITY OF LIFE FOR RESIDENTS. AND WHEREAS THE CITY OF KYLE ENCOURAGES RESIDENTS, BUSINESSES AND COMMUNITY PARTNERS TO PARTICIPATE IN EFFORTS THAT CONSERVE NATURAL RESOURCES, PROMOTE SUSTAINABILITY, AND SUPPORT ENVIRONMENTAL AWARENESS. NOW, THEREFORE, BE IT PROCLAIMED BY THE CITY COUNCIL OF THE CITY OF KYLE, TEXAS, THAT THE CITY OF KYLE HEREBY RECOGNIZES APRIL 22ND, 2026 AS EARTH DAY AND ENCOURAGES ALL RESIDENTS TO CELEBRATE AND SUPPORT ENVIRONMENTAL STEWARDSHIP THROUGH SUSTAINABLE PRACTICES, CONSERVATION EFFORTS, AND COMMUNITY ENGAGEMENT THAT PROTECT AND ENHANCE THE NATURAL ENVIRONMENT. THANK YOU. THANK YOU FOR BRINGING THAT. DOES ANYBODY HAVE ANYTHING THEY'D LIKE TO SAY? I'D LIKE TO SAY SOMETHING REAL QUICK. MAYOR PRO TEM. YES. THANK YOU, DOCTOR HARRIS, FOR BRINGING THIS. AND WHAT A BLESSING THAT YOU'RE BRINGING THIS NOW BECAUSE OF THE RAINFALL THAT WE HAVE RECEIVED THE LAST TWO DAYS. CAN YOU IMAGINE ALL THE FLOWERS AND ALL THE GRASS AND ALL THE TREES THAT ARE GOING TO BE GROWING IN THE NEXT COMING DAYS? AND I THINK WE'RE GETTING MORE RAIN SHOWERS COMING. SO IT'S JUST A PRECEDENT TO SHOW HOW IMPORTANT OUR ENVIRONMENT IS, INCLUDING OUR LANDSCAPES AND GETTING SOME OF OUR STREAMS AND RIVERS REFILLED. SO YOU'VE BEEN A VERY

[01:00:03]

[17) Receive a report, hold a discussion, and provide staff feedback regarding the Kyle Mobility Plan.]

I'LL TALK A LITTLE BIT MORE LATER ABOUT WHO WE'RE COORDINATING WITH FROM THE FROM THE CODE UPDATE AND SOME THINGS WE'RE WORKING ON WITH THEM TO MAKE SURE WE'RE WORKING ACROSS ALL THE DIFFERENT PLANNING EFFORTS THAT HAVE BEEN GOING ON HISTORICALLY AND CURRENTLY. AND THEN LASTLY, SOMETHING THAT'S REALLY HELPFUL FROM THESE PROCESSES. AND ONE OF THE THINGS WE SPECIALIZE IN AT THE GOODMAN CORPORATION IS TRYING TO HELP SET THE CITY UP FOR POTENTIALLY LEVERAGING LOCAL DOLLARS WITH OUTSIDE DOLLARS FOR GRANT OPPORTUNITIES. AND SO THAT'S SOMETHING WE'LL HIT ON LATER AS WE GET INTO PROJECTS WHEN WE COME BACK. SO A LITTLE HISTORY LESSON HERE. THE LAST TIME THERE WAS A COMPREHENSIVE REEVALUATION OF THE TRANSPORTATION VISION FOR THE COMMUNITY WAS 2016. SO IT'S BEEN QUITE A WHILE, TEN YEARS AND 2021, THERE WAS A MINOR UPDATE THAT WAS REALLY FOCUSED ON GETTING READY FOR THE BOND IN 2022. AND SO THERE WASN'T AS MUCH OF A ROBUST PROCESS. IT'S A REALLY SHORT DOCUMENT THAT JUST HAS A MAP, SOME PROJECT DETAILS, AND THEN SOME SOME CROSS SECTIONS, WHICH I'LL SHOW IN A MINUTE THAT ARE VERY ENGINEERING. AND THEN NOW WE'VE BEEN GOING THROUGH THIS PROCESS AS OF LAST APRIL, JUST KIND OF GOING THROUGH WHERE WE'VE BEEN. SO WE, WE GOT AUTHORIZATION TO START LAST APRIL. AND THEN WE KIND OF STARTED GATHERING DATA, TALKING ABOUT THAT, GETTING READY TO GO OUT TO THE PUBLIC AND HEAR FROM FOLKS. SO WE CAME IN JULY OF LAST YEAR AND THEN HAD ABOUT A TWO MONTH OPEN WINDOW FOR FOLKS TO GIVE COMMENTS. AND WE HAVE A LARGE DATABASE OF INFORMATION FROM THEM WHERE THEY THOUGHT THE NEEDS WERE IN KYLE. AND THEN IN DECEMBER, WE WERE GIVING AN UPDATE ON THE PROGRESS WE'VE MADE AND GETTING READY TO REVEAL RECOMMENDATIONS THAT WE'RE SHARING TONIGHT BEFORE WE GO BACK TO THE PUBLIC TO GET THEIR OPINIONS ON THOSE, FOR THE VISION STATE, FOR THIS VISION STATEMENT, FOR THIS PLAN IS TO BE PROACTIVE GOING FORWARD. WE DON'T WANT TO BE REACTIVE TO THE FUTURE ON THE NEEDS FOR THE CITY. AND THAT INCLUDES ADDRESSING CONGESTION SO PEOPLE CAN MOVE ABOUT IN THE DIFFERENT WAYS THEY NEED TO MOVE ABOUT WITH DIFFERENT TRAVEL OPTIONS, AND TO MOVE SAFELY AROUND TOWN. IN THIS TIMELINE, WE'RE GETTING CLOSER TO THE FINISH LINE, BUT WE ARE NOT THERE YET. I WANT TO REITERATE NOW AND THROUGHOUT THAT THIS IS DRAFT, AND WE WANT TO GET YOUR FEEDBACK AND THE COMMUNITY'S FEEDBACK BEFORE WE GO FORWARD WITH FINAL RECOMMENDATIONS THIS SUMMER, YOU MAY BE WONDERING WHAT WE'VE BEEN DOING WITH ALL THE OTHER

[01:05:01]

TODAY, AS I MENTIONED, WE'RE WORKING WITH THE CODE TEAM TO CLARIFY WHAT THE RIGHT OF WAY NEEDS ARE FOR THESE DIFFERENT TYPES OF FACILITIES, WHICH INCLUDE COLLECTOR STREETS, MINOR ARTERIALS AND MAJOR ARTERIALS. AND ANOTHER THING WE HAVE DONE IS WE NO LONGER HAVE A PRE-PRESCRIBED INTERSECTION TYPE ON THE MAP, AND WE'RE LEAVING THAT UP TO SOME OTHER POLICIES WE'RE WORKING WITH THE TEAM ON FOR LOOKING AT ALTERNATIVE ANALYSIS FOR INTERSECTIONS. THIS IS A LARGER VERSION OF THE MAP, IN CASE YOU WANT TO LOOK AT THAT FOR THE NEW THOROUGHFARE PLAN. THIS IS NOT THE FINAL FORMAT, BUT THIS IS KIND OF THE INITIAL LOOK AND FEEL. SOME OF THE THINGS THAT WE MADE SURE THAT WE ALSO UPDATED AS PART OF THIS IS WE WORKED WITH HAYS COUNTY AND TXDOT TO MAKE SURE THAT THE FUTURE ALIGNMENTS WERE ALL CORRECT. ON THE WEST AND EAST SIDE OF TOWN. THERE WERE SEVERAL LINES ON THE MAP THAT JUST WEREN'T RIGHT. AND SO THIS IS GOING TO REALLY HELP AS DEVELOPMENT APPLICATIONS COME IN, TO ACTUALLY KNOW WHERE THESE FACILITIES ARE ACTUALLY PLANNED, THAT THEY'RE ACCURATE AND CURRENT. WE ALSO DID QUITE A BIT OF WORK LOOKING AT THE SOUTH SIDE OF TOWN. THERE WAS A RECOMMENDATION TO MAKE A FUTURE CROSSING AT COUNTY ROAD 158 AND DOING ANALYSIS ON THIS CORRIDOR AND TALKING WITH TXDOT, WE BELIEVE IT'S ACTUALLY A BETTER ALIGNMENT TO GO WITH ROLAND LANE, WHICH WOULD CONNECT INTO THAT GARRINGTON EXTENSION ON THE WEST SIDE AND THEN FURTHER EAST INTO WATERSTONE ON THE EAST SIDE, WHICH IS ALREADY IN PLACE. THAT'S A SIGNIFICANT CHANGE FROM THE LAST TIME THAT WE WANTED TO HIGHLIGHT. AND WE'VE ALSO MADE SOME ADJUSTMENTS TO HELP CONNECTIVITY WITH DOWNTOWN AND ALTERNATIVE TO CENTER STREET ON THE SOUTH SIDE OF DOWNTOWN. AND THEN LASTLY, A NEW ARTERIAL WAS IDENTIFIED ON THE WEST SIDE OF TOWN THROUGH THE THE NANCE TRACT CAN KIND OF FURTHER WEST OF YARRINGTON EXTENSION, AND I'LL TALK ABOUT THAT IN THE CONTEXT OF MODELING. SOMETHING WE'VE BEEN SPENDING MONTHS AND MONTHS ON, IS DOING A REALLY THOROUGH ANALYSIS OF THE CITY USING THE KYLE 2030 FUTURE LAND USE AND ACTIVE DEVELOPMENTS TO MAKE SURE THAT THIS PLAN ACTUALLY SERVES THE GROWTH THAT'S COMING AND WHAT'S ANTICIPATED IN FUTURE LAND. AND SO WHEN WE WERE LOOKING AT THE WEST SIDE, EVEN WITH BUILDING THE HARRINGTON EXTENSION, IT WOULD NOT HAVE ENOUGH CAPACITY TO SERVE ALL THE TRAFFIC THAT'S ANTICIPATED AS THE WEST SIDE OF TOWN CONTINUES TO GROW AND BUILD OUT. SO WE HAD TO IDENTIFY AN ADDITIONAL CORRIDOR THERE. AND THEN WE ALSO MADE SOME ALTERATIONS TO SOME OF THE STREET TYPES AROUND THE CITY. GOING THROUGH THIS, SOMETHING ELSE THAT WAS REALLY IMPORTANT AS PART OF THIS PROCESS WAS TO MODERNIZE AND REALLY ACKNOWLEDGE TRAVEL CHOICE IN THE CROSS SECTIONS. AS I MENTIONED BEFORE, IT'S VERY ENGINEER FOCUSED AND SPECIFIC ON THE RIGHT, VERY, VERY CAR CENTRIC. THERE WASN'T REALLY

[01:10:03]

SO I'M NOT SURE IF THAT WOULD BE CONSIDERED FEASIBLE BY TXDOT, SINCE THEY STILL HAVE MAINTENANCE AND OVERSIGHT OF THAT CORRIDOR. BUT WE COULD CERTAINLY LOOK INTO IT AND TALK WITH THEM AFTER TODAY, BECAUSE EVENTUALLY WHEN WE DO THE 150 BYPASS, THEN THEN THE CENTER STREET WILL BELONG TO THE CITY OF KYLE. BUT I KNOW THAT'S GOING TO BE A WHILE DOWN. BUT IF WE'RE THINKING ABOUT HOW WE'RE GOING TO EXPAND AND HOW THE BYPASS IS GOING TO COME, MAYBE WE CAN TAKE INTO CONSIDERATION ALTERNATIVES. YEAH. ONE THING I WOULD THROW CAUTION TO THE WIND ON IS MAKING ASSUMPTIONS OF STREETS BEING TURNED BACK BY TEXDOT.

VITO IS IN THE PROCESS OF THAT FOR A VERY LONG TIME. WE WERE RECENTLY TOLD THAT THEY WERE NOT GOING TO TURN THINGS BACK, SO I WANT TO BE CAREFUL ABOUT THAT, ESPECIALLY IN THIS FORMAT.

I WAS ALWAYS TOLD THAT, SO I JUST WANT TO BE CAREFUL. I THINK IS THE RIGHT FORUM TO MENTION IT IS THAT IT'S NOT A GUARANTEE THAT TEXTILE WILL TURN IT BACK. AND THERE'S BEEN OTHER STORIES YOU CAN LOOK UP A CASE IN SAN ANTONIO, THERE'S SOMETHING CALLED BROADWAY STREET WHERE IT SEEMED LIKE EVERYTHING WAS READY TO GO, AND THERE WAS A MISSING SIGNATURE IN TEXT. I PULLED BACK AFTER MILLIONS OF DOLLARS WERE SPENT. SO WHAT STREET WAS THAT IN BUDA? THEY WERE LOOKING AT NINE, SIX, SEVEN AND A COUPLE OTHERS. OKAY. ALL RIGHT. THANK YOU. YEAH.

THANK YOU FOR THE QUESTION. AND THEN MAJOR ARTERIAL STREETS, THESE ARE MORE FOR ILLUSTRATION PURPOSES. WE ACTUALLY DON'T HAVE THIS ONE IN THE PUBLIC MEETING STUFF BECAUSE THERE'S A CAVEAT ON THE THE BOTTOM OF THIS ONE THAT ALL OF THE MAJOR ARTERIALS SHOWN ARE ACTUALLY

[01:15:01]

YEAH. AND I THINK PART OF WHAT WE'RE LOOKING AT TOO, IN THE RIGHT OF WAY IS, IS THE ACTUAL, NOT JUST THE ROAD ITSELF, BUT THE DRAINAGE ASSOCIATED. SO ADEQUATELY CAPTURING THAT IS DEFINITELY SOMETHING WE CAN TALK MORE ABOUT WITH THE CODE TEAM AS WELL, LIKE RUNOFF, IMPERVIOUS COVER AND WATER QUALITY REQUIREMENTS, IF THAT'S WHAT YOU'RE TALKING ABOUT, WE CAN CERTAINLY FOLLOW UP AFTER THIS ON THAT WITH THE CODE TEAM. SO THAT'S THE ONLY REASON WHY I WOULD LIKE TO LOOK AT SOME NATURAL SURFACES. SURE, DEFINITELY, I APPRECIATE IT.

ALL RIGHT. SO THAT'S THE BIKE PLAN. AND THEN THIS ONE IS AN ACTIVITY WE'RE DOING TOMORROW NIGHT. SO KIND OF FOR FOUR PRIMARY CATEGORIES THAT WE'VE BEEN WORKING WITH WITH STAFF ON TO GET FEEDBACK FROM FOLKS IS SAFETY, MOBILITY, CONNECTIVITY AND ACCESSIBILITY. AND SO WE HAVE AN ACTIVITY TOMORROW NIGHT FOR THIS. WE CAN CERTAINLY TALK MORE ABOUT THESE TOPICS HERE TONIGHT IF YOU'D LIKE, BUT WE'RE ASKING FOLKS TO, TO KIND OF GIVE US THEIR RANKING ONE THROUGH FOUR IN THIS. THE REALITY IS WHEN WE LOOK AT PROJECTS, WE'RE TRYING TO CREATE AN UNDERSTANDING OF WHAT BEST SATISFIES THE COMMUNITY'S VISION AND GOALS, AS WELL AS THE OVERALL CITY'S VISION AND PLAN. AND SO FROM A TRANSPORTATION STANDPOINT, THESE ARE, ARE KIND OF COMMON CATEGORIES, WHETHER IT'S A ROADWAY PROJECT OR A MULTIMODAL LIKE PEDESTRIAN BIKE TYPE PROJECT. WE'RE TRYING TO EVALUATE AND PRIORITIZE THESE AGAINST EACH OTHER TO SEE WHICH ONE'S BEST AND MOST EFFECTIVELY MEET THE CITY'S OBJECTIVES AND

[01:20:03]

HAPPY TO ANSWER ANYTHING. GO BACK TO ANY SLIDE. ALL RIGHT. ANY QUESTIONS OR COMMENTS? OKAY, GUYS, THIS IS OUR TIME. IF WE'RE GOING TO ASK QUESTIONS, WE GOT TO ASK. AND I FEEL LIKE I'M THE ONLY ONE. AND WE'LL BE BACK IN JUNE WITH A LOT WITH MORE THINGS. SO. OKAY, WELL, I WANT TO GIVE ENOUGH FEEDBACK. SO WHEN YOU GUYS COME BACK, YOU'RE ONE STEP CLOSER. SURE.

SO ONE OF MY QUESTIONS IS GOING TO BE TOLL BROTHERS IS A DEVELOPMENT ON THE WEST. AND LAST TIME I REVIEWED AND THIS WAS PRIOR TO THEY HAD ONE EGRESS AND ONE INGRESS. AND SO I WANT TO MAKE SURE THAT WE'RE BUILDING THE RIGHT ROADS IN THAT AREA JUST FOR SAFETY REASONS. IS THAT GOING TO BE IN THIS MOBILITY PLAN FOR THE WITHIN THE TOLL BROTHERS DEVELOPMENT SPECIFICALLY? SO THIS PLAN SHOULD HAVE COLLECTORS AND ARTERIALS THROUGHOUT THE CITY WITHIN A SPECIFIC SUBDIVISION. I'M NOT SURE HOW LARGE THE TOLL BROTHERS ONE IS. I DON'T KNOW IF IT'S MANY HUNDRED UNITS OR WHAT THE SIZE OF THAT ONE IS, BUT THAT'S WHERE IN SOME PLACES WE CAN'T PREDICT EXACTLY WHERE THE STREETS ARE GOING TO GO.

SOMETIMES THAT WORKS ITSELF OUT IN THE DEVELOPMENT PROCESS, AND THAT'S WHERE WE'RE LOOKING TO WORK WITH THE CODE TEAM TO REQUIRE CERTAIN CONNECTIVITY. YEAH, I WAS GOING TO SAY EXACTLY THAT. SO I WILL SAY THE THE CODE OR THE UNIFIED DEVELOPMENT CODE WILL REALLY LOOK AT SUBDIVISION LIKE BLOCK LENGTHS, CONNECTIONS TO AND FROM. SO THAT'LL BE WORKED OUT IN, IN ANALYZING THAT, HOWEVER, AS, AS YOU NOTED, SOME SUBDIVISIONS PHASE. SO MUCH SO THAT SOMETIMES THE CONNECTIONS DON'T SEEM TO ALWAYS BE THERE, BUT, BUT YES, THEY THAT WOULD BE MORE OF A CODE FOR THE CODE REWRITE. OKAY, I JUST SINCE WE KNOW IT'S COMING, I WANT THEM TO BE PREPARED TO, TO UNDERSTAND THAT THESE. THEY NEED MORE THAN JUST ONE WAY IN AND ONE WAY OUT. I HAVE WE PINPOINTED AREAS THAT INCLUDE DEVELOPMENT AGREEMENTS AND THEIR RESPONSIBILITIES TO BUILD CERTAIN ROADS SO THAT I CAN ANSWER TWO WAYS. YEAH. I WOULD SAY FOR THIS KIND OF HIGHER LEVEL MOBILITY PLAN, IT REALLY IS AT LIKE 30,000FT. IT GIVES ME THE TOOLS I NEED WHEN DEVELOPMENT COMES IN TO SAY LIKE, HEY, I NEED ADDITIONAL RIGHT OF WAY HERE, OR THIS IS A ROAD THAT'S, THAT'S COMING IN THAT WE NEED A PLAN FOR WITH THIS DEVELOPMENT. HEY, YOU, IT DOESN'T LOOK LIKE YOU'RE INCORPORATING THIS BIKE LANE.

AND THEN WHEN THE TRAILS PLAN COMES IN, THAT WOULD BE ANOTHER LAYER THAT WE WOULD REALLY WORK WITH DEVELOPERS AS THEY COME IN TO, TO FOCUS ON AS FAR AS DEVELOPMENT AGREEMENTS, KIND OF RULES AND RESTRICTIONS, THOSE DO KIND OF GO BACK TO THE CODE AND WE WOULD LOOK AT THOSE AT THE TIME THAT THEY COME IN. SO THE SUBDIVISION PROCESS IS REALLY WHEN KIND OF THE, I GUESS THE VISION COMES TO REALITY KIND OF RELATED TO, TO THESE PLANS. OKAY. SO MY CONCERN IS WE HAVE THE ABILITY RIGHT NOW TO SAY, THIS IS WHAT WE WANT. 158 AND 150 TO LOOK

[01:25:01]

AND SO IF WE CAN GET A HEADS UP ON THAT NOW, AS OPPOSED TO DURING THE TIME, I THINK THAT WOULD BRING A LOT OF RELIEF. YEAH, ABSOLUTELY. SO WHAT I WOULD SAY IS WHAT THIS PLAN WILL HELP US TO DO IS TO SET THE DIMENSIONS BASICALLY WITH THOSE CROSS SECTIONS. SO WE'LL AT LEAST AT, AT, AT A HIGHER LEVEL, HAVE AN IDEA OF WHAT THOSE IMPACTS WILL BE, PARTICULARLY AS WE DEVELOP PROJECTS BEFORE WE LIKE GO OUT FOR ANOTHER ROAD BOND PROGRAM, WE'D HAVE THAT INFORMATION. OBVIOUSLY, WE WON'T HAVE THAT FINE A POINT ON IT UNTIL WE GET INTO THE ENGINEERING, AND WE CAN TELL EXACTLY WHAT THOSE IMPACTS ARE TO THE PROPERTIES, BUT WE CAN GIVE PROPERTY OWNERS A DECENT IDEA OF WHAT THOSE IMPACTS WOULD BE. ALSO, WHAT I LIKE ABOUT THIS APPROACH IS, AND JAKE SPOKE TO THIS IS WE'RE NOT JUST LOOKING AT, YOU KNOW, KIND OF A ROADWAY DIMENSION. WE'RE ALSO LOOKING AT UTILITY LOCATIONS WHERE THOSE WOULD GO.

WE'RE ALSO LOOKING AT OTHER IMPROVEMENTS LIKE SIDEWALKS AND EVERYTHING BEHIND THE CURB TREES, LANDSCAPING. SO YOU'RE GETTING A MORE COMPLETE PICTURE OF WHAT THAT IMPROVEMENT WOULD LOOK LIKE. SO WE'LL BE ABLE TO GIVE THE COMMUNITY A BETTER IDEA OF WHAT THESE PROJECTS WOULD ACTUALLY LOOK LIKE ON THE GROUND, HOPEFULLY A BETTER IDEA OF WHAT THOSE IMPACTS MIGHT BE.

THAT WOULD BE FANTASTIC. THAT'S TRUE. GOOD. TIM. YES, MA'AM. OKAY. SO MY FEEDBACK IS, IS SHE'S CORRECT BECAUSE WHEN THIS BOTTLE WAS BROUGHT BACK TO US IN 2021, WE I REMEMBER WHEN AT THE TIME THERE WAS A DISTRICT TWO REPRESENTATIVE, SHE HAD A RESIDENT THAT LIVED OVER THERE ON SECOND AND THIRD STREET, MISS WELCH, WHEN THAT PLAN CAME THROUGH AGAIN, IT WAS JUST A BUNCH OF LINES THAT WENT THROUGH THAT WAS JUST SAYING, WE'RE GOING TO COME THROUGH CENTER STREET ALL THE WAY AROUND. WE'RE GOING TO COME THROUGH CENTER STREET, WHICH WE MIGHT GO THROUGH WHERE THE THE OLD CHURCH WAS. SO IT GOT A LOT OF PEOPLE NERVOUS ABOUT THAT.

AND AGAIN, IT WAS JUST LIKE DRAWINGS ON THE MAP, BUT NOTHING CONCRETE. AND I THINK WHEN WE STARTED TO DEVELOP THE ROAD BONDS ITSELF, I THINK THAT WAS ONE OF THE KEY THINGS WE WANTED TO DO WAS GET THE ENGINEERING DESIGNS DONE. HOW MUCH SQUARE FOOTAGE ARE WE GOING TO NEED FOR SIDEWALKS, HOW MUCH SQUARE FOOTAGE WE'RE GOING TO HAVE FOR THE ROAD IF WE GET AHEAD OF THE GAME NOW, WE PROBABLY COULD ELIMINATE A LOT OF THESE CONVERSATIONS, A LOT OF THESE PUSHBACKS FROM PEOPLE NOT UNDERSTANDING WHERE WE'RE GOING TOWARDS AS FAR AS THE NEED FOR THESE OUR STREETS TO IMPROVE. SO WE START WORKING WITH OUR RESIDENTS NOW SAYING, HEY, LOOK, PROBABLY IN THE NEXT COMING YEARS, THIS IS WHERE OUR THIS MAP IS GOING TO BE COMING.

AND WE MIGHT LOOK AT POSSIBLY GOING IN YOUR FRONT YARD OR ON THAT SIDE. WE'RE NOT THERE YET.

BUT JUST TO GET THE CONVERSATION GOING, FOR THESE PEOPLE TO UNDERSTAND THAT THERE

[01:30:03]

ON THAT END. WE HAVE ORDINANCES IN PLACE FOR THAT. HAVE WE THOUGHT ABOUT EXPANDING THAT FROM 26 TO MAYBE 32, 32FT OR SOMETHING LIKE THAT? AND I GUESS ON THAT END, AS LONG AS WE CONTINUE TO TAKE STRIDES IN, IN, IN, IN ENCOURAGING OUR RESIDENTS TO BE INVOLVED IN SOME OF THESE STREETS IMPROVEMENTS WE'RE DOING, WE CAN BE ABLE TO GET A BETTER GRIP ON THAT. AND I NOTICED THAT THERE WAS CAMPO MENTIONED IN THERE. I DIDN'T KNOW IF MARK WANTED TO COMMENT ON THAT, IF IF HE MAY ATTENDED A MEETING RECENTLY OR HAD ANY KIND OF CONVERSATIONS OF WHAT MIGHT BE IN THE MASTER TRANSPORTATION PLAN AS A WHOLE, OR WOULD IT AFFECT OUR CITY BY CHANCE? I DON'T MEAN TO PUT YOU ON THE SPOT, BUT I JUST THOUGHT I'D ASK. OH, NO, NO, YOU'RE PERFECTLY FINE TOO. SO FAR WE'VE HAD TWO MEETINGS SINCE.

SINCE ME TAKING OVER FOR MAYOR MITCHELL. AND BOTH MEETINGS THERE'S BEEN SIGNIFICANT TALKS AS FAR AS COORDINATING RESOURCES AND MAKING SURE THAT BASICALLY KIND OF ALONG THE LINES OF WHAT WE'RE TRYING TO DO WITH OUR MASTER PLAN HERE IS, IS, YOU KNOW, EVERYBODY AND EVERY ENTITY IN THE AREA TO MAKE SURE THAT WE'RE, YOU KNOW, NOT, AGAIN, LIKE NOT HAVING ROADS TO NOWHERE AND, AND, YOU KNOW, HAVING, YOU KNOW, UTILITIES COORDINATED, HAVING, YOU KNOW, DIFFERENT JURISDICTIONS, JURISDICTION, EACH OTHER. SO YEAH, WE'RE HAVING THOSE CONVERSATIONS AT THE CAMPO LEVEL. ALL RIGHT. ANY OTHER QUESTIONS? COUNCILMEMBER GARZA, ARE YOU GUYS HAVING CONVERSATIONS WITH THE COUNTY BY CHANCE ON SOME OF THESE ROADS? I KNOW THE GAS CAR IS ONE THAT I REMEMBER. IT WAS PUSHED THROUGH AND I DON'T LIKE I SAID, IT'S ONLY 111 WAY IN RIGHT NOW. HAVE WE LOOKED AT. BECAUSE I KNOW WE MAY BE EXPANDING, GO FORTH FROM 150 ALL THE WAY THROUGH. HAVE WE LOOKED AT THAT MAP AS FAR AS ADDING AN ADDITIONAL INNER ENTRANCE AND EXIT ON THAT END, ON THE BACK END OF THAT NEIGHBORHOOD? SO I WAS GOING TO ANSWER A COUPLE DIFFERENT QUESTIONS THAT CAME UP. SO ONE OF THE ONES WAS ABOUT THE THE ISSUES WITH THE EMINENT DOMAIN AND PROPERTIES. SO ONE OF THE COOL THINGS WE'RE GOING TO HAVE, IT'S ALREADY ONLINE RIGHT NOW WE HAVE THE INTERACTIVE MAP OF THE PROPOSED THOROUGHFARE PLAN. SO YOU CAN ACTUALLY ZOOM IN AND OUT TO THE SCALE YOU NEED AND KIND OF SEE LIKE ON AN AERIAL, WHERE IS THAT ACTUAL LINE DRAWN AND GET THAT FEEDBACK NOW BEFORE WE KIND OF GO FORWARD WITH THE FINAL. SO YOU'RE GOING TO HAVE THE RESIDENTS AND THE COMMUNITY HAVE THAT OPPORTUNITY TO LOOK AT IT. RIGHT NOW IT IS LIVE AND WE'LL HAVE THAT TOMORROW NIGHT AS WELL IN A DIGITAL FORMAT, IN ADDITION TO BIG MAPS TO TO LOOK AT THINGS WITH FOLKS, WE ARE COORDINATING WITH THE COUNTY. YES, WE'VE HAD SEVERAL MEETINGS WITH THEM TO TALK ABOUT NOT JUST, YOU KNOW, THEIR CORRIDORS, BUT ALSO KIND OF THE PLANS FOR CONNECTIVITY.

AND THEN I KNOW WE'RE GOING TO BE WORKING WITH THEM ON SOME OF THE THINGS IN THE ETJ FOR SURE.

ON THE RESIDENTIAL SUBDIVISION SIDE, I THINK I HAVE MORE THINGS TO TALK ABOUT. OH, AND THEN IN TERMS OF RIGHT OF WAY IN THE STREET WIDTHS THAT WAS BROUGHT UP FOR THAT, ONE OF THE THINGS THAT WE'RE TRYING TO ADDRESS IS IN RESIDENTIAL SUBDIVISIONS, ONE OF THE BIGGEST CHALLENGES IS HAVING A STREET THAT REALLY IS FOR THE PURPOSE OF CONNECTING TO THE LARGER ARTERIALS THAT DOESN'T HAVE PARKING OR TOO NARROW OF SPACE ON IT, AND HOUSES FRONTING THE MAIN STREET WHERE YOU REALLY JUST CAN'T MOVE MUCH TRAFFIC THROUGH. AND THEN IT'S NOT SUPER SAFE FOR THE KIDS WHO ARE JUMPING OUT FROM BEHIND CARS, THINGS LIKE THAT. SO THOSE THINGS ARE BEING FACTORED IN, AND WE'RE TRYING TO WORK WITH THE CODE TEAM TO MAKE SURE THAT EACH DEVELOPMENT HAS A TRUE COLLECTOR STREET THAT DOESN'T HAVE A BUNCH OF RESIDENTIAL DRIVEWAYS ON IT. THAT REALLY IS FOR THE PURPOSE OF MOVING FOLKS IN AND OUT OF THE SUBDIVISION. SO WE REALLY ARE TRYING TO DO THE COMPREHENSIVE LOOK AT THAT. AND THEN WORKING WITH THE COUNTY AND OTHERS, WE'RE REALLY TRYING TO MAKE SURE NOT JUST ON THE EAST SIDE, BUT ALSO THE WEST SIDE, THAT WE'RE REALLY THINKING ABOUT REGIONAL TRAFFIC FOR ALL THE FOLKS COMING UP AND DOWN. 1626 FROM BUDA, FOLKS TRYING TO COME UP FROM SAN MARCOS THAT DON'T REALLY HAVE MUCH OF AN ALTERNATIVE. 35 AND TRYING TO MAKE SURE WE'RE CREATING OPTIONS FOR FOLKS IN THE AREA. SO I THINK I ANSWERED MOST OF THOSE THINGS THAT WERE BROUGHT UP. BUT YEAH, BECAUSE THERE'S A LOT OF PEOPLE THAT DRIVE THAT, THAT WORK IN AUSTIN OR LIVE IN AUSTIN HAVE TO GO THROUGH BB ROAD, HAVE TO GO THROUGH BUNTON JUST TO GET TO

[01:35:05]

HI, THANK YOU. I HAD A QUESTION ABOUT THE PLETHORA OF ROUNDABOUTS THAT ARE PLUGGED INTO THIS MAP. WE HAVE AN ORDINANCE THAT REQUIRES TRAFFIC ANALYSIS ON THESE AND THEN STUDIES. AND SO HOW IS THAT GOING TO FACTOR INTO OUR OVERALL TRANSPORTATION PLAN.

YEAH, THAT'S A GREAT QUESTION. THANK YOU. COUNCILMEMBER. IS IT. GOES. THANKS. I DIDN'T MISREAD.

SO TWO THINGS ON THAT. ONE, WE'RE NOT GOING TO PRESCRIBE AN INTERSECTION TYPE ON THE NEW MAP. YOU WON'T SEE THAT ON THE MAP THAT'S PUBLISHED ONLINE. THAT'S IN THE MATERIALS. IT'S IT'S NOT A PRE-PRESCRIBED. WE ARE GOING TO DO THE ALTERNATIVES ANALYSIS AS KIND OF THE BASELINE ASSESSMENT FOR THOSE MAJOR INTERSECTIONS. THE OTHER THING WE'RE TRYING TO MAKE SURE WE DO, WHICH KIND OF GETS AT THE PREVIOUS QUESTION OF SPACE AND EMINENT DOMAIN IS WHEREVER WE STILL CAN. WE'RE WORKING WITH THE CODE TEAM TO ADD ADDITIONAL RIGHT OF WAY NEAR THE MAJOR INTERSECTIONS FOR THINGS LIKE TURN LANES OR OTHER EQUIPMENT. IF IT'S A TRAFFIC LIGHT OR A ROUNDABOUT, WHATEVER THE RIGHT ALTERNATIVE IS, THAT'S USUALLY A PROBLEM THAT WE RUN INTO IS AS COMMUNITIES BUILD OUT, THOSE HARD CORNERS CAN BE REALLY EXPENSIVE AND REALLY CHALLENGING FROM A UTILITIES AND LAND STANDPOINT. SO WE'RE ACTUALLY TRYING TO WORK WITH THE CODE TEAM TO ACTUALLY REQUIRE MORE OF THOSE INTERSECTION CORNERS. SO WE'RE NOT HAVING TO GO BACK LATER AND TRY TO RETROFIT THAT. OKAY.

THANK YOU. COUNCILMEMBER HARRIS. ONE OF THE THINGS I DON'T SEE ADDRESSED IN THE MOBILITY PLAN IS THE ENVIRONMENTAL IMPACTS. YOU KNOW, WE WE HAVE TYPICALLY JUST SAID THERE'S A STRAIGHT ROAD, IT'S GOING THAT WAY, AND THE HECK WITH THE TREES AND ANYTHING ELSE THAT'S THERE. AND WE ARE ENVIRONMENTALLY PAYING FOR THAT NOW, FOR TAKING DOWN SO MANY TREES AND BEING SO CARELESS ABOUT, YOU KNOW, HOW THAT ROAD GOES. ROADS CAN BE CURVES. THERE CAN BE WAYS OF PROTECTING THE TREES IN THE ENVIRONMENT. AND I WOULD REALLY LIKE TO SEE A SECTION IN THE MOBILITY PLAN. IF IF IT FITS THERE, I HOPE IT WOULD. ON PRESERVATION OF ESPECIALLY THE ENVIRONMENTAL THINGS. I THINK THAT'S SOMETHING THAT I WANT TO VISIT WITH THE CODE TEAM ON, SPECIFICALLY ABOUT TREES AND PRESERVATION AND OTHER PIECES THAT ARE THERE WORKING ON THAT.

WE'RE NOT NECESSARILY TOUCHING AS MUCH, BUT WE DEFINITELY DO CARE ABOUT AND WORK WITH THEM ON WHAT WE CAN DO COLLECTIVELY. BEFORE WE GET TO THE FINAL REPORT TO ADDRESS YOUR QUESTION.

GREAT. THANK YOU. ALL RIGHT. COUNCILMEMBER ZAPATA, HI. SO ONE, THANK YOU SO MUCH FOR THE PRESENTATION. I HAVE A COUPLE OF QUESTIONS. I THINK WE DID THIS DANCE LAST TIME. SO HAPPY TO CONTINUE IT. I BELIEVE THAT LAST TIME I BROUGHT UP A CONCERN WITH CREATING A FORMAL CRITERIA TO DETERMINE WHEN PROJECTS MUST EXCEED TXDOT MINIMUM MULTIMODAL STANDARDS, AND THAT'S PARTICULARLY FOR BICYCLE AND PEDESTRIAN FACILITIES. IS THAT SOMETHING THAT WE ARE CURRENTLY DEVELOPING OR THAT YOU HAVE WORKED ON SINCE, AND IF SO, WHAT'S THE UPDATE ON THAT? SURE. YEAH, SO WE ACTUALLY PROVIDED SOME COMMENTS BACK TO THE CODE TEAM, SPECIFICALLY ON THE CURRENT VIVE TRAIL REQUIREMENTS FOR THOSE TYPE OF FACILITIES, BUT ALSO FOR SHARED USE PATHS AND HOW TO DEFINE WHAT THE MINIMUM WIDTHS SHOULD BE, IRREGARDLESS OF TXDOT STANDARDS. BUT FOR THE CITY ITSELF, AND THEN LOOKING AT SAFE CROSSINGS AND WHAT SHOULD BE DETERMINED FOR THOSE FACILITY TYPES AS THEY CROSS STREETS, WHICH IS WHERE A LOT OF THE SAFETY HAZARDS AND OTHER THINGS COME ABOUT. OKAY. IN THAT, I GUESS, POLICY DIRECTION, WAS THERE ANY TALK OF LIKE DIFFERENT TRIGGERS, LIKE WHAT WOULD TRIGGER SOMETHING TO REQUIRE THE LIKE EXCEEDING MULTIMODAL STANDARDS? I DON'T THINK THERE WAS NECESSARILY A SPECIFIC TRIGGER SO MUCH AS KIND OF SIMILAR TO WHAT WE'RE TALKING ABOUT WITH THE, THE POLICY ON INTERSECTIONS, LIKE DOING A PROPER ANALYSIS BASED ON BEST PRACTICE AND ENGINEERING PRACTICE THRESHOLDS TO DETERMINE WHAT THE BEST AND SAFEST TYPE OF CROSSING FACILITY WOULD BE. IS THERE A WAY THAT WE CAN POSSIBLY EXPLORE WHAT THAT MIGHT LOOK LIKE? BECAUSE I THINK MY FEAR IS THAT WITHOUT SETTING FORTH

[01:40:02]

BUT FOR LOWER SPEED STREETS AND NEIGHBORHOODS THAT ARE ALREADY BUILT WHERE WE HAVE A LOT OF CONSTRAINTS WITH RIGHT OF WAY, SUCH AS THROUGH THE PLUM CREEK NEIGHBORHOOD AND SOME OTHER AREAS, WE'VE IDENTIFIED SOME POTENTIAL ROUTES FOR MARKING SIGNAGE AND EVEN POTENTIALLY BIKE LANES WHERE THEY'RE FEASIBLE, AND THERE'S ENOUGH SPACE TO PUT THOSE THROUGHOUT THE CITY. OKAY, I APPRECIATE THAT CLARIFICATION. AND THEN AS WE ARE BUILDING THIS OUT, CAN WE ENSURE THAT WHEN WE TALK ABOUT BIKE FACILITIES, THAT WE'RE CREATING A DIFFERENTIATION BETWEEN RECREATIONAL SHARED USE PATHS AND THEN TRANSPORTATION FOCUSED FACILITIES? DEFINITELY. AND I THINK THAT'LL BE FIRST AND FOREMOST IN OUR, IN OUR WHAT WE'RE DOING ON THE BIKE PLAN IS IT IS TRULY MOBILITY FOCUSED ON THESE ROUTES. AND THAT'S WHERE WE'RE HOPING TO HAVE THE RECREATIONAL PIECE BE THE FOCUS OF THE TRAILS PLAN FOR THOSE PARTICULAR FACILITIES. OKAY. IF I'M THERE FOR CORRIDORS THAT WE HAVE IDENTIFIED AS EITHER, FOR EXAMPLE, UNSAFE OR AT CAPACITY OR UNDER CAPACITY. HOW DOES PRIORITIZATION DIFFER DEPENDING ON WHETHER RISK IS PRIMARILY TO VEHICLES, TO PEDESTRIANS OR TO CYCLISTS? THAT'S A GREAT QUESTION. I'M ACTUALLY GOING TO GO BACK A SLIDE ON THAT FOR THE SAFETY PIECE. AND THIS IS A GREAT FORUM FOR DISCUSSION FROM THIS, FROM YOU ALL, IS WE CAN EVALUATE AND WEIGHT DIFFERENT THINGS DIFFERENTLY WHEN WE'RE ACTUALLY DOING OUR PRIORITIZATION. AND WE'LL HAVE ALL THE DETAIL FOR THAT AFTER WE GET PUBLIC FEEDBACK AND WE BRING IT BACK IN JUNE. BUT IF YOU ALL WANT TO TALK ABOUT NOW, IF YOU ALL WERE TO PRIORITIZE, IT'S NOT AN EASY QUESTION. BUT IF YOU WERE TO PRIORITIZE SAFETY OF PEDESTRIANS, BIKES AND CARS, I WOULD LOVE FEEDBACK ON HOW YOU WOULD LIKE TO, TO MAYBE ADDRESS THAT AND WEIGHT IT FOR THE ACTUAL SPECIFIC PERFORMANCE MEASURES, NOT JUST OVERALL, HOW IMPORTANT IS SAFETY RELATIVE TO ALL OTHER PRIORITIES, BUT WITHIN THAT CONTEXT, WE'D LOVE TO HEAR FEEDBACK ON THAT FROM YOU ALL.

I MEAN, I THINK THAT WOULD PROBABLY REQUIRE GREATER DISCUSSION BECAUSE THAT'S NOT REALLY SIMPLE, BUT I THINK SOME OF MY INITIAL CONCERNS, FOR EXAMPLE, HAVE TO DO WITH LIKE NEAR SCHOOLS. SO LIKE IF WE COULD WEIGH OUT LIKE PEDESTRIAN SAFETY HIGHER THAN LIKE VEHICLE SAFETY, ESPECIALLY WHEN IT COMES TO OUR STUDENTS, LIKE THAT'S SOMETHING THAT I WANT TO MAKE SURE THAT WE'RE TAKEN CARE OF. I THINK ONE OTHER PART OF THAT IS GOING TO BE IN THE PROCESS OF IDENTIFYING LIKE WHETHER SOMETHING IS LIKE AT CAPACITY, UNDER CAPACITY, SAFE OR UNSAFE. ARE WE CONSIDERING APPLYING LIKE DIFFERENT MULTIMODAL OPTIONS IN THOSE AREAS? SO FOR EXAMPLE, LIKE PRIORITIZING THAT? OH, IN TERMS OF JUST BASED ON WHAT WE HAVE FROM TODAY AND WHAT'S PROJECTED, YES, WHAT THE PRIORITY TRAVEL MODE MIGHT BE. YES. SO FOR EXAMPLE, LIKE IF SOMETHING IS ALREADY BEYOND CAPACITY, BUT WE KNOW THAT WE DON'T WANT TO FURTHER WIDEN OR WE CAN'T WIDEN THE ROAD, THEN THE OTHER OPPORTUNITY IS GOING TO BE CONNECTIVITY VIA LIKE SIDEWALKS OR BIKE PATHS. THAT'S A GREAT QUESTION. AND IT'S VERY COMPLEX.

BUT I THINK THE SHORT ANSWER IS WE SHOULD HAVE ENOUGH INFORMATION DOCUMENTED IN THE REPORT AND THE APPENDIX ABOUT THE OVER UNDER CAPACITY AND SAFETY LEVELS TO HELP IN FUTURE PROJECT EVALUATIONS TO MAKE THAT DETERMINATION. WHEN YOU GET INTO MORE DETAILED DESIGN, IT'S HARD TO DO AT THIS 30,000 FOOT LEVEL, I WOULD SAY, ON ANY SPECIFIC PLACE, BUT I THINK WE WOULD HAVE ENOUGH INFO FOR EVERY CORRIDOR TO HELP INFORM THAT DECISION. OKAY. AND THEN I

[01:45:01]

COUNCILMEMBER. I MEAN, I THINK IT'S REALLY IMPORTANT TO HAVE GOOD SHADE TO USE BIKE FACILITIES OR PEDESTRIAN FACILITIES WHEN IT'S WHEN IT'S SUMMER. SO WE UNDERSTAND THAT THAT'S BUILT INTO SOME OF THE CROSS-SECTIONS IS TO HAVE THAT TYPE OF INFRASTRUCTURE CALLED GREEN INFRASTRUCTURE BASICALLY AS PART OF THAT. AND SO WE ARE LOOKING AT THAT AS PART OF THE PLAN, NOT NECESSARILY HEAT AND SHADE PER SE, BUT REALLY FUNCTIONAL AS PART OF THE INFRASTRUCTURE TO MAKE THE BIKE AND PEDESTRIAN FACILITIES WORK. SO IN THE CONTEXT OF THE TRANSPORTATION PLAN, THAT'S HOW WE'RE LOOKING AT IT. SO OKAY. OKAY. ALL RIGHT. THANK YOU SO MUCH. THOSE ARE ALL THE QUESTIONS. I APPRECIATE YOUR TIME. ALL RIGHT. THANK YOU. ALL RIGHT. THANK YOU VERY MUCH. I THINK I THINK YOU'RE GOOD. ALL RIGHT. THANK YOU ALL VERY MUCH.

WE'LL SEE YOU IN JUNE. WE'LL SEE YOU TOMORROW. TOMORROW NIGHT ACTUALLY. IT'S OKAY. ALL RIGHT. SO THAT WAS WE PULLED UP AGENDA ITEM 17. WE'RE GOING TO GO BACK TO CONSIDER AND

[11) Consider approval of a resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn if necessary a permanent utility easement over a parcel of land containing a total of 989 SF (0.023AC) (as described in Exhibit “A” to the Resolution) from certain real property owned by Rene R. Ramirez and Delia C. Ramirez for the public use and purpose of construction of electrical utility improvements for the city’s Center Street (Off-System) Road Project. (ROLL CALL VOTE REQUESTED)]

[01:50:02]

AND THEN AS I MENTIONED, UTILITY IMPROVEMENTS WOULD GO HERE, MAINLY PEAK ELECTRIC UTILITY IMPROVEMENTS. SO IN SUMMARY, PCNS REFER TO THE COUNCIL DETERMINING WHETHER THE CITY'S ACQUISITION OF AN INTEREST IN A SPECIFIC PIECE OF REAL PROPERTY, SUCH AS AN EASEMENT OR FEE. SIMPLE TITLE IS NECESSARY TO EFFECTUATE A PARTICULAR PUBLIC USE FOR THE PUBLIC'S CONVENIENCE AND NECESSITY. IN THIS SITUATION, THE PCN FINDS THAT THE CENTER STREET OFFICE SYSTEM PROJECT IS NECESSARY AND REQUIRED TO PROMOTE THE PUBLIC HEALTH, SAFETY AND WELFARE WELFARE OF THE COMMUNITY AND THAT ACQUISITION OF THE IDENTIFIED PROPERTY IS REQUIRED TO COMPLETE THE PROJECT. AND WHEN THE PROPERTY OWNER AND THE CITY ARE UNABLE TO REACH A NEGOTIATED AGREEMENT, THE PCN AUTHORIZES THE CITY TO INITIATE EMINENT DOMAIN PROCEEDINGS IF NECESSARY TO ACQUIRE THE NEEDED PROPERTY. BUT I WILL ALSO STATE THAT WE ARE STILL CONTINUING NEGOTIATIONS EVEN WITH THE APPROVAL OF THIS PCN ACTION NEGOTIATIONS. NEGOTIATIONS WILL CONTINUE WITH THE PROPERTY OWNER. AND SO AGAIN, PREVIOUS COUNCIL ACTION CITY COUNCIL APPROVED THE ALIGNMENT AND 2024 AND THEN APPROVE THE TASK ORDER PAPER. DAWSON. I DON'T KNOW WHY THAT'S THERE. OPTION ONE IS TO APPROVE THE RESOLUTION. OPTION TWO IS TO DENY THE RESOLUTION. SO STAFF IS RECOMMENDING OPTION ONE. ALL RIGHT. CAN YOU GO BACK TO THE MAP SO WE CAN GET A GOOD IDEA. SO JUST FOR FOR FUTURE, WHAT I'D LIKE TO SEE IS MORE THAN JUST A LITTLE I'D LIKE TO SEE THIS AND THEN LIKE HOW IT'S GOING TO HOW IT FITS INTO LIKE A BIGGER PART OF THE CITY OF THAT AREA, AT LEAST LIKE A, MAYBE A BLOCK, LIKE A BLOCK.

YEAH. YES. THAT WOULD BE GREAT. AND WHAT WAS THE HOLD UP WITH THIS AGAIN? YEAH. SO ONE OF THE MAIN ISSUES THAT WE'RE BRINGING THIS FORWARD WITH IS THAT THE NEGOTIATIONS HAVE GONE PRETTY WELL WITH THE PROPERTY OWNER. THERE WERE SOME PROVISIONS THAT THEY WANTED TO SEE RELATED TO MODIFYING THE EASEMENT TERMS. BUT THE CENSUS IS A PEAK EASEMENT. PSC HAS PRETTY STRINGENT REQUIREMENTS FOR WHAT GO IN THEIR EASEMENT DOCUMENTS. AND SO WE REALLY CAN'T MODIFY THOSE BECAUSE AGAIN, WE'RE JUST ACQUIRING THIS ON BEHALF OF PSC. AND SO THAT'S THAT'S PART OF THE HANG UP. WE ARE CONTINUING THOSE CONVERSATIONS WITH THE PROPERTY OWNER TO SEE IF WE CAN COME TO TERMS GIVEN, GIVEN THOSE REQUIREMENTS. BUT THAT'S WHY THIS IS IN FRONT OF YOU TONIGHT. SO DO WE. WE DON'T NEED THIS TO EXPAND THE ROAD OR WE DO. WELL, THIS IS THIS IS PART OF THE ROAD IMPROVEMENT PROJECT. THIS IS PART OF THE UTILITY RELOCATION. AND UTILITY RELOCATION IS A PART OF ALL OF OUR PROJECTS. AND IN THIS PARTICULAR CASE, AS WE'RE UNDERGROUNDING THOSE ELECTRIC UTILITIES AND TELECOMS AS WELL, THEY WILL BE GOING INTO EASEMENTS ALONG THE ROADWAY. OKAY. ANY QUESTIONS OR COMMENTS? COUNCIL MEMBER MEDINA, JUST ONE QUESTION. LOOKING AT THE MAP, THIS IS CLOSER TO THE POOL AREA, RIGHT ACROSS FROM THAT CORNER PROPERTY THAT WE OWN NOW NEXT TO THE VFW, RIGHT? YES. THAT'S CORRECT. OKAY. THAT AREA ALONG THAT SIDE OF CENTER STREET IS GOING TO ALSO HAVE SIDEWALKS. YES. THE, THE SOUTHERN SIDE OF CENTER STREET WILL HAVE SIDEWALKS AND NORTHERN SIDE WILL HAVE THE SHARED USE PATH OF I TRAIL. SO WILL WE BE COMING BACK LATER ON FOR ADDITIONAL RIGHT OF WAY REQUESTS TO PUT SIDEWALK ON THIS HOME OWNER'S PROPERTY? MIGHT ASK FOR BACKUP ON THAT ONE, BUT I BELIEVE THIS. WE'VE ALREADY GOTTEN A LOT OF THE RIGHT OF WAY NEEDS ACQUIRED FOR

[01:55:03]

SEVERAL PEOPLE HAVE THOSE LITTLE BOXES. ONE OF THOSE IS PRIMARILY FOR THE LOCATION OF THE SWITCH GEAR BOXES. THEY'RE MORE ON THAT. YEAH, I CAN I CAN ASSIST A LITTLE BIT. SO BASICALLY THE, THE MAIN PC LINE IS ON THE NORTH SIDE OF CENTER STREET. WE'RE ACTUALLY HAVING TO CROSS OVER INTO THIS EASEMENT AND TAKE THE PC UNDERGROUND TO THE CORNER THERE WHERE MIKE HAD MENTIONED THE SWITCH GEAR IN ORDER TO PROVIDE SERVICE TO THIS HOUSE AS WELL AS THE THE ADJOINING PROPERTY. SO. GOT IT. OKAY. THANK YOU. SO TO CLARIFY, CAN THAT BOX GO SOMEWHERE ELSE? ONTO THE LEFT TO THE LEFT HAND CORNER OVER THERE. I THINK THE BOX LOOK.

WELL, YOU CAN HELP ME OUT WITH THIS, BUT I THINK THE BOX LOCATION IS BASED ON THE DESIGN IN COORDINATION WITH PC. SO ALL OF THIS HAS BEEN WORKED OUT AS A DESIGN FOR THE LOCATION OF THE LINES, BUT ALSO DISTRIBUTION AS WELL. SO THAT'S, THAT'S HOW THIS LOCATION WAS ESTABLISHED. OKAY, I DON'T MEAN TO BE RUDE, BUT MY QUESTION WAS, CAN IT GO SOMEWHERE ELSE? COULD THAT BE PART OF THE NEGOTIATION? NO. I MEAN, IT WAS SET WHERE IT NEEDED TO GO. SO I MEAN, THERE'S AN EXISTING OVERHEAD LINE THAT PROVIDES SERVICE KIND OF ON THE BACKSIDE THERE. SO WE NEEDED THAT, THAT SWITCH BOX AT THAT CORNER IN ORDER TO BRING THE SERVICE BACK, OKAY, BETWEEN THOSE TWO HOMES. SO IT COULD NOT. SO IT HAS TO STAY THERE. AND THEN HER OTHER QUESTION THAT SHE HAD IS, AND I WANT CONFIRMATION OF, IS THERE GOING TO BE ANY MORE EMINENT DOMAIN REQUIRED ON THIS PROPERTY? NO, THERE WILL NOT. WE DO NOT ANTICIPATE THAT. OKAY. GREAT MOTIONS. OH, COUNCIL MEMBER GARZA, HOW BIG IS THE SWITCH BOX THAT WILL BE INSTALLED IN RELATIONSHIP TO HOW BIG THIS EASEMENT IS? YEAH, I DON'T KNOW IF WE HAVE EXACT DIMENSIONS. I WOULD JUST SAY AGAIN, IF YOU IF YOU'RE FAMILIAR WITH ANY OF THE NEIGHBORHOODS THAT HAVE THESE SWITCH GEAR BOXES, AGAIN, I KNOW I HAVE ONE. THERE ARE A COUPLE FEET IN DIMENSION 4 OR 5 FOOT. YEAH, 4 OR 5 FOOT BY MAYBE A COUPLE. OKAY. YEAH, YEAH. I KNOW A LOT OF PEOPLE LIKE NOT HAVING THOSE SWITCH BOXES WHEN THEY DON'T LIVE IN LIKE A PRE-PLANNED NEIGHBORHOOD.

SO IT'S CONSIDERATION, YOU KNOW, ON THE IMPACT TO THE PERSON WHO BOUGHT THAT PROPERTY ORIGINALLY.

SO IT'S JUST KIND OF MY THOUGHT PROCESS. THE EASEMENT WILL ALSO BE LARGE ENOUGH TO ALLOW PECK TO GET IN AND MAINTAIN THE SWITCHGEAR BOX. IN ADDITION TO THE BOX ITSELF. YEAH, THE SWITCHGEAR BOX WON'T TAKE UP THAT WHOLE SPACE TO THAT POINT. I MEAN, IT'S GOING TO BE LOCATED IN THAT EASEMENT, BUT ALSO THAT EASEMENT IS TO ALLOW RIGHT ACCESS AND MAINTENANCE AS WELL. AND HOW FAR OFF ARE WE ON THE PRICE ON THE NEGOTIATIONS? I DON'T KNOW IF NECESSARILY THE PRICE WAS THE ISSUE. AGAIN, I THINK IT WAS PART OF THE PROVISIONS IN THE FOR THE EASEMENT REQUIREMENTS. OKAY. QUESTIONS. ALL RIGHT. MOTIONS. ALL RIGHT. I MOVE THAT THE MOTION TO APPROVE AGENDA ITEM NUMBER 11. I HAVE I THINK I HAVE TO READ THE PCN OKAY. I'M SORRY. THERE IS A THERE IS VERBIAGE SO COUNCIL MEMBER ZAPATA. BUT THANK YOU. I KNOW THERE'S A LAG. SO I MOVE THAT THE CITY OF CAIRO AUTHORIZE THE USE OF THE POWER OF EMINENT DOMAIN TO ACQUIRE A PERMANENT UTILITY EASEMENT OVER A PARCEL OF LAND CONTAINING A TOTAL OF 0.023 ACRES FROM PROPERTY OWNED BY RENE RAMIREZ AND DELIA C RAMIREZ, AS DESCRIBED IN AGENDA ITEM 11 FOR THE PUBLIC USE OF CONSTRUCTING ELECTRICAL UTILITY INFRASTRUCTURE IMPROVEMENTS FOR THE CITY'S CENTER STREET ROADWAY IMPROVEMENT PROJECT. SECOND, I HAVE A MOTION BY COUNCILMEMBER ZAPATA AND A SECOND BY COUNCILMEMBER HARRIS. ROLL CALL VOTE, PLEASE. TOBIAS.

I, MEDINA. NO. HARRIS. YES. MCKINNEY. YES. FLORES. NO. ZAPATA. YES. GOSA. NO. ALL

[02:00:01]

[12) Consider approval of a resolution awarding RFP No. 2025-RFP-014 to EllisDon Capital U.S. Holdings LLC, through its affiliated entity Bryckwork Development Group, and authorizing the City Manager to execute an Exclusive Negotiation Agreement (ENA) for the purpose of advancing site planning and preliminary design coordination to refine the concept and ensure alignment with the City’s vision for the Brick and Mortar District Office Development.]

IT'S DESIGNED TO SUPPORT THE PROFESSIONAL BUSINESS ENVIRONMENT WITHIN A WALKABLE DISTRICT WITH QUALITY COMMERCIAL DEVELOPMENT AND LONG TERM ECONOMIC GROWTH. IT CANNOT BE A GAS STATION OR AN AUTO RELATED BUSINESS. IT CAN'T BE FAST FOOD OR A DRIVE THROUGH, CAN'T BE LIQUOR STORES OR SMOKE SHOP, OR A PAWN SHOP, OR A CHECK CASHING BUSINESS. IT CANNOT BE AN ADULT ORIENTED BUSINESS OR A STORAGE YARD OR SIMILAR. SO THAT'S ALL PART OF THE RESTRICTIONS ASSOCIATED WITH THE CONVEYANCE OF THE PARCEL TO THE CITY OF KYLE. SO WE WENT THROUGH AN EXTENSIVE RFP PROCESS. WE RELEASED AN RFP, WE RECEIVED FOUR RESPONSES. WE SHORTLISTED TWO TO GO THROUGH TO PHASE TWO AND ARE PLEASED TO BRING OUR RECOMMENDATION OF ELLISTON CAPITAL US HOLDINGS, WITH THEIR LLC. THAT'S IN THE POSTING. LANGUAGE OF BRICKWORK.

THIS IS A GREAT TEAM OF EXPERTS ELLISTON, AKILAH, HALF ASSOCIATES, STG, LOT BROTHERS, LIONHEART. I'M GOING TO INVITE THEM UP TO SHARE A LITTLE BIT MORE ABOUT THEIR VISION FOR THIS PARTICULAR PROJECT AND TO INTRODUCE THEMSELVES, AND THEN I'LL COME BACK AND WRAP IT UP AT THE END. THANK YOU, AND THANK YOU FOR HAVING US HERE. I'M BEN TOLSON WITH AKILAH COMMERCIAL HERE IN AUSTIN, TEXAS. I WILL TRY TO BRIEFLY HIT SOME HIGHLIGHTS AS I THINK IT RELATES TO THE THE OPPORTUNITY AND WHERE OUR TEAM ALIGNS AROUND IT, WHAT WE, WHAT WE SEE, WE BRING TO IT. BUT I THINK ONE THING I WOULD POINT OUT FROM THE BEGINNING IS WE'LL HAVE. A TEAM THAT'S LOCALLY ANCHORED IN CENTRAL TEXAS, DEEPLY EXPERIENCED BUILDING IN CENTRAL TEXAS THAT I THINK IS GOING TO BE. FOCUSED ON ON A PRECISE DELIVERY HERE. THAT IS

[02:05:06]

I'D SAY. I'D HIGHLIGHT. WE HAVE EXPERIENCE ACROSS. I'D SAY INSTITUTIONAL, PUBLIC, PRIVATE, SMALL TENANT, LARGE TENANT, MIXED USE ENVIRONMENTS. AND I THINK WE'RE REALLY EXCITED TO PARTNER HERE AND THINK THROUGH WHAT IS POSSIBLE AND WHAT THE POTENTIAL IS. AND BRUNO, I'LL INVITE YOU UP TO TALK ABOUT THE FRAMEWORK OF HOW WE'RE THINKING THROUGH THE OUR RESPONSE.

THANKS, BEN. THANKS, ROSIE. GOOD EVENING, MAYOR AND COUNCIL. THANK YOU AGAIN FOR HAVING US TONIGHT, I APPRECIATE IT. SO OUR SHARED VISION AND ONE OF THE THINGS THAT KIND OF STRUCK US OUT OF THE GET GO WHEN WE FIRST RECEIVED THE SOLICITATION, IS THAT WE REALLY ADMIRE CARL'S VISION TO SHAPE, TO SHAPE THE CITY'S FUTURE AS THE UNDISPUTED ECONOMIC POWERHOUSE OF HAYS COUNTY, THIS PROJECT STRATEGIC LOCATION BRINGS A UNIQUE ECONOMIC OPPORTUNITY AS THE DISTRICT APPEALS TO A WIDE RANGE OF INDUSTRIES AND BUSINESSES. THIS WILL ENABLE THE CITY TO INVEST IN THE FUTURE BY ADDING LOCAL EMPLOYMENT OPPORTUNITIES, EXPAND KYLE'S ECONOMY AND DIVERSIFY THE TAX BASE, AS OUTLINED IN THE CITY'S 2030 PLAN. KYLE IS IDEALLY POSITIONED TO CAPITALIZE ON THE REGION'S RAPID GROWTH. YOU KNOW, BACKED BY STRONG COMMUNITY SUPPORT FOR A MIXED USE DEVELOPMENT. THE POSITIVELY CONTRIBUTES TO THE NEIGHBORHOOD AND PRIORITIZES THE DISTRICT'S GOALS. NOW IS THE RIGHT TIME TO CAPITALIZE ON THIS UNIQUE OPPORTUNITY WHILE STRENGTHENING KYLE'S UNIQUE IDENTITY. WE INTEND TO ACCOMPLISH THIS THROUGH COLLABORATION AND UTILIZATION OF DYNAMIC DESIGN PRINCIPLES THAT EMPHASIZE A FLEXIBLE, MIXED USE, MIXED USE CONCEPT USING A PEOPLE FIRST APPROACH, WHICH IS INTENDED TO CULTIVATE A VIBRANT AND SUSTAINABLE NEIGHBORHOOD WHERE RESIDENTS CAN LIVE, WORK AND PLAY, ALLOWING KYLE TO STAND APART FROM NEARBY CITIES OR ALLOWING KYLE TO BE BOLD, BE DIFFERENT, AND MAY CAUSE SHINE. THANKS. GOOD EVENING EVERYBODY.

APPRECIATE YOUR TIME AND CONSIDERATION THIS EVENING. MY NAME IS CHRIS SMITH. I WORK AT ELLISTON AND I JUST WANT TO GO THROUGH QUICKLY BEFORE WE GET INTO SOME OF THE RENDERINGS OF JUST SOME OF THE DESIGN GOALS OF WHAT WE'RE CONSIDERED WHEN THIS PROJECT WAS PUT TOGETHER.

IT IS A CONCEPTUAL DESIGN AT THIS STAGE, BUT I THINK THESE PARTS ARE WERE CRITICAL FOR WHAT WE PUT FORWARD. SO FIRST AND FOREMOST WAS CREATING A COMMUNITY HUB. THE TEAM ASSEMBLED HERE WITH THIS RESPONSE WAS PUT FORWARD TO FACILITATE AN ANCHOR DEVELOPMENT THAT IT CAN ACTIVATE THE COMMUNITY AROUND IT AND MAKE SURE IT EMPHASIZES THE CITY'S GOALS OF MAKING A THRIVING AND PROSPEROUS ECONOMY, AS WELL AS A FUN AND VIBRANT COMMUNITY. SECOND WAS AN EMPHASIS ON THE PEDESTRIAN REALM AROUND IT, AND IN ORDER TO PROMOTE WALKABILITY AND CONNECTIVITY, I YOU'LL SEE IN THE NEXT SLIDE THAT OUR INDICATIVE DESIGN IS ACTUALLY TWO SEPARATE FOOT PLATES FOR FLOOR PLATES. AND WHAT THAT ALLOWS FOR IS CONNECTING VEIN RUNNING FROM THE PARKING LOT THROUGH THE TWO FLOOR PLATES, THROUGH THE COMMUNITY IN FRONT AND THE PUBLIC REALM, AND CONNECTING IT TO LA VERDE PARK ON THE OTHER SIDE. AND THE FINAL TWO HERE, THE BRICK AND MORTAR DESIGN PRINCIPLES, AS WELL AS FEELING AT HOME IN THE DISTRICT. SO TO CREATE THIS BUILDING THAT HAD THIS HARMONIOUS ASPECT WITH THE SURROUNDING COMMUNITY, WHILE ENHANCING BOTH THE LIVING AND WORKING ENVIRONMENTS, WE UTILIZE THESE TWO FLOOR PLATES THAT I REFERRED TO TO REALLY BREAK UP THE MONOLITHIC TONE THAT CAN COME WITH AN OFFICE BUILDING IN A NEIGHBORHOOD LIKE THIS, AS WELL AS ALLOWING FOR A DEEP ENOUGH FLOOR PLATE TO ALLOW FOR SUCCESSFUL RETAIL, AS WELL AS PROMOTING A FULL NATURAL LIGHT ENVIRONMENT THROUGHOUT THE ENTIRE STRUCTURE.

AND SECOND OF ALL, OR PARDON ME, LAST YOU'LL NOTICE IN THE NORTHEAST CORNER OF THE SITE, THE FLOOR PLATE IS SET BACK, AND THIS WAS DONE ON PURPOSE TO CREATE A LARGER PUBLIC REALM IN THE FRONT IN ORDER TO PROMOTE MORE WALKABILITY, MORE PUBLIC REALM, AND HOPEFULLY A RESTAURANT ON THAT CORNER. SO WHAT YOU CAN SEE HERE IS OUR CONCEPTUAL DESIGN. YOU'LL BE

[02:10:03]

ALL OF THESE ARE ELEMENTS FOR DISCUSSION. THEY'RE NOT THINGS THAT WE ARE GUARANTEEING THAT WE ARE GOING TO BE ABLE TO PROVIDE, OR THAT WE WOULD SUPPORT, EVEN AS STAFF. THESE ARE JUST ELEMENTS THAT WERE PROVIDED AS POTENTIAL OPTIONS BY ELLIS, DON AND THE TEAM BEHIND ME. AND AS WE GO THROUGH THE EXCLUSIVE NEGOTIATING AGREEMENT, WE WILL BE EVALUATING WHETHER ANY OF THESE MAKE SENSE, WHETHER IT'S IT'S THE RIGHT THING TO DO AT THIS PARTICULAR JUNCTION FOR THIS PARTICULAR PROPERTY. THERE IS NO GUARANTEE THAT WE WOULD BRING FORWARD ANY OF THIS. AND REALLY, WE'RE GOING TO BE LOOKING TO SEE IF THIS IS THE RIGHT TIME FOR THIS KIND OF DEVELOPMENT. WE DON'T KNOW IF IT IS THE RIGHT TIME UNTIL WE GO INTO THIS EXCLUSIVE NEGOTIATING AGREEMENT AND START HAVING THE CONVERSATIONS TO SEE IF IT MAKES SENSE. IF IT'S NOT THE RIGHT TIME FOR THE PROJECT, WE WILL BE THE FIRST PEOPLE TO TO COME BACK TO COUNCIL AND SAY, WE'VE DECIDED TO TERMINATE NEGOTIATIONS ON THIS PARTICULAR PROJECT BECAUSE IT DOESN'T MAKE SENSE. IT'S NOT FINANCIALLY FEASIBLE. IT IT DOESN'T WORK FOR THE CITY OF KYLE RIGHT NOW. BUT AGAIN, WE DON'T KNOW UNTIL WE START HAVING CONVERSATIONS.

SO WHAT IS AN EXCLUSIVE NEGOTIATION AGREEMENT? IT BASICALLY PROVIDES US TIME TO STUDY PROJECT FEASIBILITY TO DISCUSS THE SITE PLANNING AND DEVELOPMENT TERMS. IT CREATES A STRUCTURED NEGOTIATION TIME PERIOD. IT DOES NOT PRESUPPOSE APPROVAL BY THE CITY. IT DOES NOT COMMIT THE CITY TO DO ANY FUNDING ON THIS PARTICULAR PROJECT OR TO ADVANCE IT IN ANY WAY, SHAPE, FORM OR FASHION. IT JUST PROVIDES US AN OPPORTUNITY TO HAVE SOME CONVERSATION ABOUT POTENTIAL DEVELOPMENT OF AN OFFICE BUILDING ON A SITE THAT REALLY IS DEDICATED FOR USE AS AN OFFICE BUILDING, RIGHT? SO IT WILL ALLOW US TO ALSO EVALUATE COMMUNITY BENEFITS.

AND REALLY THAT FINAL RISK ON WHO'S GOING TO BEAR IT, BE IT THE DEVELOPER OR THE CITY BEFORE WE GO INTO A FINAL AGREEMENT AND TRY TO TO MAKE A PROJECT COME UP FROM THE GROUND.

SO PURPOSE 180 DAY EXCLUSIVITY, PERIOD. WE CALL IT AN EXCLUSIVE NEGOTIATION AGREEMENT BECAUSE WE'RE BASICALLY SAYING WE'RE ONLY GOING TO BE TALKING TO ELLISDON ABOUT THIS PARTICULAR PROJECT. WE APPRECIATED ALL THE PROPOSALS THAT WE GOT AND THE TIME AND EXPENSE THAT WENT INTO PREPARING THOSE. BUT THIS IS THE DEVELOPMENT TEAM THAT WE ARE CHOOSING TO TALK TO RIGHT NOW. WE'LL WORK TO IDENTIFY TENANTS, PREPARE CONCEPT PLANS AND PROPOSE INCENTIVES, IF ANY, PROVIDING SITE DATA, COORDINATING INFRASTRUCTURE AND REVIEWING OPTIONS, AND THEN REALLY GETTING INTO NEGOTIATING ANY FINAL AGREEMENT FOR COUNCIL CONSIDERATION. WE WILL BE TALKING TO COUNCIL AS WE GO ON THIS AND UPDATING COUNCIL AS APPROPRIATE, BASED ON HOW THE CONVERSATIONS PROGRESS. SHOULD THIS EXCLUSIVE NEGOTIATION AGREEMENT BE APPROVED BY COUNCIL TONIGHT? SO THE ITEM IN FRONT OF YOU REALLY IS TO CONSIDER APPROVAL OF A RESOLUTION AWARDING THIS RFP TO ELLISDON AND AUTHORIZING THE CITY MANAGEMENT TO EXECUTE THAT EXCLUSIVE NEGOTIATING AGREEMENT ATTACHED TO THE BACKUP. YOU WILL FIND A COPY OF WHAT THE EXCLUSIVE NEGOTIATING AGREEMENT, HOW IT READS RIGHT NOW, WE DON'T ANTICIPATE ANY SUBSTANTIVE CHANGES TO THAT. BUT BUT WE WOULD BE LOOKING AT THAT AS THE BASE DOCUMENT THAT WE WOULD EXECUTE. SO THAT IS PUBLICLY AVAILABLE. THE OPTIONS YOU HAVE IS TO APPROVE THE RESOLUTION AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE INA, OR TO NOT APPROVE THE RESOLUTION. AND WE AS STAFF RECOMMEND OPTION ONE SO WE CAN SEE IF THERE'S A DEAL TO BE NEGOTIATED HERE. ALL RIGHT. THANK YOU. DOES ANYBODY HAVE ANY QUESTIONS OR COMMENTS CONCERNS. I HAVE A CONCERN. I DON'T KNOW IF THIS IS THE RIGHT TIME TO EVEN USE STAFF ENERGY

[02:15:01]

[02:20:03]

HAVE WE HAD ANY FEEDBACK FROM THE COMMUNITY, ESPECIALLY THE PEOPLE THAT LIVE IN THAT NEIGHBORHOOD, IN THAT AREA, ON HOW THEY MIGHT PERCEIVE HAVING AN OFFICE BUILDING? I MEAN, I KNOW IT'S BEEN BUILT IN THE PLANS, BUT HAVE WE GOTTEN CITIZEN FEEDBACK? AGAIN, NOT TO THAT. WE'RE JUST NOT TO THAT POINT YET. OKAY, THOSE WERE MY QUESTIONS. THANK YOU VERY MUCH, MA'AM. COUNCIL MEMBER ZAPATA. SO I THINK I AGREE WITH THE MAYOR AND COUNCILMAN MCKINNEY IN THE SENSE THAT I DO THINK ANYTHING THAT WE PUT HERE, I WANT IT TO BE REVENUE GENERATING. SO I THINK BECAUSE OF THAT, I HAVE SOME A LITTLE BIT OF CONCERNS. IF WE WERE TO USE IT LIKE A STAFF SPACE, BECAUSE THAT'S VALUABLE OPPORTUNITY AND LIKE REAL ESTATE FOR US TO BE ABLE TO GENERATE SOME INCOME. WITH THAT BEING SAID, I'VE MENTIONED A FEW TIMES ON THIS DAIS THE NEED FOR AFFORDABLE WORKSPACE PROGRAMING AND LIKE LEASING OPTIONS. I WAS WONDERING IF THERE WAS A WAY IN WHICH IF WE ENTERED THIS IN A. IF WE COULD EXPLORE CREATING SOMETHING THAT WOULD ALLOW US TO SUBMIT FOR GRANT OPPORTUNITIES, WHETHER THAT'S THROUGH HUD OR THE SMALL BUSINESS ADMINISTRATION, OR EVEN WORKING ALONGSIDE THE US CHAMBER OF COMMERCE TO ALLOW US TO FIND FUNDING TO HAVE A SET AMOUNT OF WHATEVER PERCENTAGE OR NUMBER OF OF BUSINESSES THAT ARE GOING TO BE LIKE ON THAT RETAIL AREA AS SET ASIDE FOR LOCAL BUSINESSES AND LOCAL ENTREPRENEURS TO RENT OUT AT AN AFFORDABLE RATE. AND LIKE I SAID, I WOULD WANT THAT TO BE GRANT FUNDED BECAUSE I DO WANT THIS TO BE LIKE A NET POSITIVE CASH FLOW. BUT JUST AS WE'RE CONSIDERING THE INA, WHAT ARE THINGS THAT WE CAN WRITE INTO THERE TO MAKE SURE THAT WE CAN THEN BUILD A REALLY, REALLY VIABLE GRANT APPLICATION? WE CAN CERTAINLY TALK TO THE DEVELOPMENT TEAM. I DON'T KNOW IF THEY HAVE ANY THOUGHTS ABOUT THAT RIGHT NOW, BUT I THINK THAT'S SOMETHING WE CAN EXPLORE AS WE HAVE CONVERSATIONS THROUGH A POTENTIAL INA PROCESS. OKAY. THANK YOU. I JUST KNOW THAT RESIDENTS ARE FALLING ON HARD TIMES. WHATEVER WE CAN DO TO HELP SUPPORT THEM, ESPECIALLY IF WE CAN GET FEDERAL FUNDING FOR IT, I THINK WOULD BE AMAZING. ABSOLUTELY. OKAY. SO WHAT I HAVE HERE IS FROM CONSENSUS CONSENSUS, IF WE'RE GOING TO MOVE FORWARD, NO PROPERTY TAX ABATEMENTS, NO CITY LEASE COMMITMENT, AND THAT'S JUST TO PROTECT THE TAXPAYERS AND THEN INCLUDE AFFORDABLE WORKSPACE. AND THEN I WOULD LIKE TO SEE THAT THERE'S NO COST INCURRED BY THE CITY. THE COST IS GOING TO BE PICKED UP BY THE DEVELOPER SINCE WE'RE GOING TO HAVE THE LAND. SO I THINK THAT, AGAIN, I I'M HEARING ALL OF THIS AS DIRECTION FOR HOW WE WOULD LOOK AT AND EVALUATE THIS. AND, AND WE WOULD TAKE THAT INTO CONSIDERATION AS WE GO THROUGH THIS PROCESS. BUT THOSE ARE THE EXACT KIND OF QUESTIONS THAT WE NEED TO BE ABLE TO SIT DOWN AND

[02:25:01]

MOTION PASSES SEVEN ZERO. THANK YOU. ALL RIGHT. ALL RIGHT. UP NEXT, WE HAVE AGENDA ITEM 13.

[13) Consider approval of a resolution adopting the City of Kyle Public Art Master Plan.]

MY NAME IS TODD BRESSI AND I AM A PUBLIC ART CONSULTANT. I'M BASED IN PHILADELPHIA, AND I'VE BEEN WORKING WITH THE CITY OF KYLE FOR JUST ABOUT A YEAR NOW TO DEVELOP THE PLAN THAT'S BEEN PRESENTED TO YOU FOR CONSIDERATION. TONIGHT. I WORK ACROSS SOME OF THE COUNCIL MEMBERS I'VE NOT ADDRESSED BEFORE, SO I'LL TAKE A MOMENT TO SAY I WORK ACROSS THE COUNTRY WORKING WITH CITIES LIKE KYLE, A BIGGER CITY, SMALLER CITIES, HELPING THEM DEVELOP STRATEGIES FOR BRINGING ART TO THEIR COMMUNITIES. IN TEXAS, I'VE WORKED A LOT IN THE METROPLEX, FORT WORTH AND LEWISVILLE, SOME OF THE OTHER SUBURBAN COMMUNITIES, AND JUST RECENTLY COMPLETED A PROJECT IN EL PASO. I ALSO WORKED WITH THE AUSTIN ART AND PUBLIC PLACES AND THE TRAIL CONSERVANCY TO DO AN ART STRATEGY FOR THE BUTLER TRAIL. SO I'M PLEASED TO BE IN A NEW PART OF TEXAS TO WORK ON THIS PROJECT. AND THANK YOU. I THANK YOU FOR INVITING ME TO KYLE. IT IS ALWAYS AN HONOR AND A PRIVILEGE TO BE INVITED TO WORK WITH THE COMMUNITY TO HELP THEM ACHIEVE THEIR GOALS. THANK YOU FOR LETTING ME INTRODUCE MYSELF FOR A MOMENT. WHAT WE'D LIKE TO DO THIS EVENING IS REVIEW THE CENTRAL RECOMMENDATIONS OF THE PLAN, AS WELL AS HOW THIS PLAN ADDRESSES COMMENTS THAT WE RECEIVED SINCE I CAME AND SPOKE TO COUNCIL IN NOVEMBER. THIS IS THE FINAL STEP OF THE PROCESS WHICH AGAIN BEGAN LAST MAY. WE COMPLETED RESEARCH AND ENGAGEMENT PHASES LAST FALL, BRIEFED COUNCIL ON OUR RECOMMENDATIONS IN NOVEMBER.

SINCE THEN, WE'VE RECEIVED ADDITIONAL FEEDBACK FROM COUNCIL MEMBERS, CITY STAFF, THE ARTS AND CULTURAL BOARD AND THE PARKS AND RECREATION BOARD. AND TONIGHT WE ARE PRESENTING THE FINAL PLAN FOR YOUR CONSIDERATION, DISCUSSION AND HOPEFULLY FOR YOUR APPROVAL.

THIS SLIDE HIGHLIGHTS THE DIFFERENT WAYS THAT WE REACHED OUT TO STAKEHOLDERS IN THE COMMUNITY. THIS INCLUDED A COMMUNITY SURVEY WITH NEARLY 350 RESPONSES. AND IF YOU HAVEN'T HEARD THIS NEWSFLASH BEFORE, THAT'S MORE RESPONSES THAN WE RECEIVED IN EL PASO ABOUT THE SAME TIME. SO CONGRATULATIONS TO KYLE. WE ISSUED QUESTIONNAIRES TO MEMBERS OF THE ARTS AND CULTURAL BOARD, CONDUCTED NUMEROUS INTERNAL AND EXTERNAL INTERVIEWS, INCLUDING WITH SEVERAL COUNCIL MEMBERS AND A FOCUS GROUP WITH CASS. WHEN DURING ONE OF MY VISITS IN TOWN. THIS IS A BIT MORE INFORMATION ABOUT HOW WE APPROACHED ENGAGEMENT WITH CITIZENS, WE RELIED HEAVILY ON THE CITY'S COMMUNICATIONS TEAM AND THEIR TOOLS, AS WELL AS IN-PERSON POP UP ACTIVITIES IN BUSY LOCATIONS AND AT COMMUNITY EVENTS. AND THOUGH I PRESENTED OUR FINDINGS MORE EXTENSIVELY TO COUNCIL PREVIOUSLY, I'D LIKE TO REPEAT THE HEADLINE, WHICH IS THAT THERE WAS AN OVERWHELMING AMOUNT OF SUPPORT FOR THE CITY TO CONTINUE BUILDING. IT'S IT'S WORK IN THE PUBLIC ART REALM. MORE THAN TWO THIRDS OF THE RESPONDENTS WERE SUPPORTIVE OF THAT. LARGELY, THEY WERE EXCITED ABOUT HOW PUBLIC ART COULD TRANSFORM THE CITY, ADD SOMETHING FRESH, DISTINCTIVE, NEW. A LITTLE LESS THAN A THIRD

[02:30:07]

CAN I ASK YOU A QUESTION REAL QUICK? OF COURSE. THANK YOU. CAN WE COULD WE REALLY DO LIKE A CROSSWALK THAT SAID KYLE. NO, NO, I WAS AFRAID OF THAT. OKAY. I THOUGHT I JUST HEARD LIKE SAN MARCOS GOT IN TROUBLE FOR THAT OR THEY HAD TO PAINT IT, BUT THAT'S THAT WOULD BE PHENOMENAL.

THAT WOULD BE SO LIKE. NON-DIVISIVE. COUNCILMEMBER HARRIS, WERE YOU THINKING OF ROADWAYS LIKE PUBLIC ROADWAYS? CORRECT. YES. I DON'T YOU KNOW, THIS CAME THINGS ARE IN FLUX RIGHT NOW ABOUT STATE GUIDANCE AND STATE RULES. AND I PERSONALLY AM NOT UP TO DATE ON THOSE. BUT I DO KNOW THE CITY OF LEWISVILLE HAS DONE SOME CROSSWALKS, NOT ON ROADS LIKE IN LIKE LIBRARY PARKING LOTS AND THINGS LIKE THAT. AND SO, YOU KNOW, THERE'S ALWAYS A CHANCE TO BE A LITTLE CREATIVE AND MAYBE SOLVE THOSE PROBLEMS. THIS IS A TIMELINE OF THE REVIEW OF THE RECOMMENDATIONS AND PLAN DEVELOPMENT THAT'S OCCURRED WITH CITY STAFF. ARTS INCLUDES. THE MEETINGS WE HELD WITH THE ARTS AND CULTURAL BOARD, THE PARKS AND RECREATION BOARD AND COUNCIL THIS FALL, ALL OF WHOM WE CONSULTED IN THE DEVELOPMENT OF THIS FINAL PLAN.

THESE ARE THE KEY QUESTIONS THAT COUNCIL MEMBERS RAISED WHEN I CAME TO ADDRESS YOU IN NOVEMBER, AND THE PRESENTATION TODAY WILL DISCUSS RESPONSES TO THESE TO THESE QUESTIONS THAT COUNCIL RAISED. SO NOW I'D LIKE TO GO BACK TO THE BEGINNING AND PROVIDE YOU WITH AN OVERVIEW OF THE OF THE PROPOSED PUBLIC ART PLAN. EVERY PUBLIC ART PLAN HAS TO ANSWER THREE QUESTIONS. THE FIRST QUESTION WHICH YOU HAVE TO ANSWER IS WHY IS THE CITY DOING THIS? WHY IS IT IMPORTANT TO THE CITY? WHY IS IT SOMETHING THAT CITY GOVERNMENT SHOULD BE INVOLVED WITH? THEN THE PLAN HAS TO OUTLINE WHAT ARE THE COMMUNITY'S PRIORITIES, WHERE ITS OPPORTUNITIES AND WHAT WOULD BE THE MOST IMPORTANT THINGS TO DO. THAT COULD BE KINDS OF PROJECTS THAT COULD BE LOCATIONS. AND FINALLY, A PLAN HAS TO DESCRIBE THE PROCESSES THE CITY WILL USE TO COMMISSION PUBLIC ART. HOW WILL PROJECTS BE FUNDED, HOW WILL THEY BE MANAGED, AND HOW WILL DECISIONS BE MADE? AND EVEN THOUGH THAT'S TECHNICAL, THAT'S ACTUALLY ONE OF THE MOST IMPORTANT COMPONENTS OF A PLAN TO HAVE PROCESSES IN PLACE. SO THINGS MOVE ALONG SMOOTHLY.

ANOTHER WAY OF PUTTING THIS IS THAT THIS PLAN, AS WILL SAID, IS A FOUNDATION. IT'S A FRAMEWORK FOR KYLE TO ALIGN WHATEVER IT CHOOSES TO DO WITH PUBLIC ART, WITH THE COMMUNITY'S GOALS AND ITS GROWTH, IT PROVIDES DIRECTION ABOUT WHERE TO LOOK FOR PROJECTS, HOW TO FUND THEM, AND HOW TO IMPLEMENT THEM. BUT I'D LIKE TO STRESS THAT THIS PLAN DOES NOT COMMIT TO SPECIFIC PROJECTS. WHAT THIS PLAN DOES IS CREATE A PROCESS FOR DECIDING ABOUT THEM. DECISIONS ABOUT SPECIFIC PROJECTS WOULD BE MADE BY COUNCIL IN THE COURSE OF APPROVING BUDGETS AND AND PROJECTS LIKE PARKS AND OTHER KINDS OF PUBLIC INFRASTRUCTURE. AND A PUBLIC ART PLAN ALSO IS SEPARATE FROM OTHER KINDS OF ARTS AND CULTURE ISSUES, SUCH AS PERFORMING ARTS EVENTS, CULTURAL FACILITIES, CULTURAL PROGRAMS, WHICH I KNOW THERE'S INTEREST IN, IN KYLE. AND THOSE MIGHT BE THE SUBJECT OF A BROADER ARTS AND CULTURE PLAN THAT KYLE MIGHT WANT TO UNDERTAKE ONE DAY IN THE FUTURE. SO THE FIRST QUESTION IS WHY KYLE'S VISION FOR PUBLIC ART ANSWERS THE QUESTION OF WHY PUBLIC ART IS IMPORTANT TO KYLE, AND THE ANSWER TO THAT IS, IS THAT PUBLIC ART CAN BE PART OF WHAT CONVEYS KYLE'S IDENTITY, AND IT CAN HELP BEAUTIFY THE CITY. PUBLIC ART CAN HELP KYLE TELL ITS STORY TO ITSELF AND TO ITS THE WORLD AT LARGE, WHICH IS REALLY IMPORTANT AT THIS CRITICAL MOMENT. AS THE CITY IS GROWING, IT WANTS TO REMEMBER AND HOLD ON TO WHERE IT CAME FROM. IT WANTS TO KNOW WHO IT IS NOW, AND IT WANTS TO EXPRESS ITS VISION FOR THE FOR THE FUTURE. SO PUBLIC ART CAN CREATE ANCHORS IN A RAPIDLY CHANGING CITY. IT CAN SUPPORT QUALITY OF LIFE, AND IT CAN SUPPORT THE CITY'S EFFORTS TO ATTRACT MORE DEVELOPMENT. THE MISSION SIMPLY MEANS THAT KYLE WILL DO THIS IN TWO MAIN WAYS. ONE IS BY COMMISSIONING CREATING PUBLIC ART ON ITS OWN, AND ALSO USING ITS TOOLS TO INCENTIVIZE THE PRIVATE SECTOR TO DO THE SAME. THE GOALS ARE A BIT MORE OF A FOCUS. STATEMENTS ABOUT WHAT ARE THE SPECIFIC THINGS THE CITY WILL TRY TO ACCOMPLISH. AND THESE ARE REALLY SOME OF THESE ARE REALLY DRIVEN BY OTHER CITY POLICIES AND BY THE FEEDBACK WE GOT FROM THE PUBLIC. THESE INCLUDE MAKING SURE THAT PUBLIC ART REALLY IS EXPRESSIVE OF WHAT KYLE IS AND WHO KYLE IS AND WHAT IT'S ALL ABOUT. FOCUSING

[02:35:04]

THE OTHER TYPE OF CITY CONSTRUCTION IS CITY FACILITIES. THIS COULD INCLUDE, FOR EXAMPLE, NEW ADMINISTRATION ADMINISTRATIVE SPACES OR RECREATION CENTERS. I BELIEVE TONIGHT YOU ARE CONSIDERING A MASTER PLAN FOR THE LIBRARY, THE LIBRARY SYSTEM. SO IF THE LIBRARY EXPANDS IN PLACE, IF IT ESTABLISHES A BRANCH, IF IT RETROFITS SPACES, THOSE COULD BE OPPORTUNE TIMES TO CONSIDER PUBLIC ART. LIKE THESE EXAMPLES HERE. A BEAUTIFULLY DESIGNED WALL IN A YOUTH LIBRARY IN NEW YORK, OR ART IN THE GARDEN THAT'S OUTSIDE THE LIBRARY. NOW, THE SECOND LEG OF THE STOOL IS ECONOMIC DEVELOPMENT. KYLE'S ECONOMIC DEVELOPMENT STRATEGIES ARE SET OUT IN A WAY THAT MAKES IT EASY TO IMAGINE HOW PUBLIC ART COULD SUPPORT THOSE STRATEGIES. IN THE OVERALL DEVELOPMENT OF THE CITY. THERE ARE FIVE TYPES OF OPPORTUNITIES THAT WE IDENTIFIED, EACH OF WHICH MIGHT FOLLOW A DIFFERENT PROCESS AND FUNDING STRATEGY.

THOSE WOULD INCLUDE VIBE LOCATIONS, THE DESTINATION AREAS THAT ARE OUTLINED IN ECONOMIC DEVELOPMENT STRATEGY, KEY FACILITIES, FOCUS INDUSTRIES AND THEN LOCAL COMMERCIAL DEVELOPMENT. ALL PRESENT PARTICULAR KINDS OF OPPORTUNITIES. THESE ARE SOME IDEAS ABOUT HOW PUBLIC ART CAN GO WITH PUBLIC, OR CAN BE RELATED TO ECONOMIC DEVELOPMENT,

[02:40:01]

COUNCIL. YOU SEE MAINTENANCE HERE. COUNCIL ASKED ABOUT THAT LAST TIME, SO I WILL SPEAK ABOUT THAT IN JUST A MOMENT. IT ALSO, I DIDN'T LIST IT HERE, BUT IT ALSO WOULD COVER PROCESSES FOR RECEIVING DONATIONS OF ARTWORK. THE PLAN INCLUDES SEVERAL CHARTS LIKE THIS WHICH WHICH SUMMARIZE HOW DECISION MAKING PROCESSES WOULD WORK, AND WHO'S RESPONSIBLE FOR KEY DECISIONS SUCH AS SELECTING ARTISTS IN GENERAL. WHAT THE PLAN RECOMMENDS IS THAT COUNCIL WOULD. COUNCIL'S INVOLVEMENT WOULD LARGELY BE FISCAL. IT WOULD APPROVE BUDGETS AND MOST OPERATIONAL DECISIONS WOULD BE MADE BY THE CITY MANAGER WHO COULD BRING ANY DECISION TO COUNCIL AT THEIR DISCRETION IF THEY FELT IT WAS A DECISION THAT COUNCIL SHOULD BE LOOKING AT IN TERMS OF MAINTENANCE. THE PLAN OUTLINES A BROAD APPROACH. MAINTENANCE WOULD BE CONSIDERED EVEN WHEN AN ARTIST IS CREATING A PROJECT, TO MAKE SURE THAT TO AVOID THE USE OF MATERIALS AND FABRICATION METHODS, THAT COULD CAUSE PROBLEMS DOWN THE ROAD. SO THE BEST MAINTENANCE PLAN IS A PREVENTATIVE MAINTENANCE PLAN. EACH PROJECT COULD BE ASSIGNED A SPECIFIC LIFESPAN BEYOND WHICH THE CITY CAN DECIDE NOT TO KEEP IT, SO THE CITY WOULD NOT BE OBLIGATED TO KEEP AN ARTWORK BEYOND ITS USEFUL LIFE. THAT'S ACTUALLY A EMERGING PRACTICE IN THE FIELD ACROSS THE COUNTRY. THE PLAN DESCRIBES REGULAR INSPECTION PROCESSES, AND IT ALSO OUTLINES HOW TO DEVELOP A RESERVE FUND FROM EACH PROJECT BUDGET THAT COULD BE USED FOR REPAIRS. THE COUNCIL, LAST TIME I WAS HERE, ASKED A BIT ABOUT PRIVATE DEVELOPMENT IN TERMS OF COLLABORATION WITH PRIVATE DEVELOPERS AND BUSINESSES. THERE ARE SEVERAL POTENTIAL PATHS. IN SOME CASES, THE CITY COULD ASK THE PUBLIC ART BE INCLUDED IN A PROJECT, FOR EXAMPLE, WHEN IT IS SELLING OR LEASING LAND OR PROVIDING ECONOMIC DEVELOPMENT INCENTIVES.

IN SOME CASES, THE CITY COULD INCENTIVIZE PUBLIC ART, SUCH AS THROUGH ALTERNATIVE OPTIONS FOR

[02:45:06]

RELATED TO WHAT THE CITY BUILDS, ITS ECONOMIC DEVELOPMENT STRATEGIES AND AND AND COMMUNITY PROJECTS. THE PLAN EXPLAINS HOW KYLE CAN ENCOURAGE AND INCENTIVIZE PUBLIC ART AND PRIVATE DEVELOPMENT. IT CREATES A PROCESS FOR COMMUNITY PROPOSALS FOR PUBLIC ART, AND IT OUTLINES PROCESSES THAT THROUGH WHICH PROJECTS CAN BE MANAGED. CLEARLY DEFINED PROCESSES THROUGH WHICH PROJECTS CAN BE MANAGED. IT OUTLINES HOW PUBLIC ART CAN BE MANAGED, THE CURRENT CONFIGURATION, AND THEN IN THE FUTURE BY STAFF AND THE ARTS AND CULTURAL BOARD. IT IDENTIFIES WHAT RESOURCES THE CITY COULD CONSIDER AND OUTLINES PROCESSES FOR COLLABORATION AND ACCOUNTABILITY THROUGH A INTERDEPARTMENTAL PUBLIC ART WORKING GROUP, ANNUAL WORK PLANS AND PROJECT PLANS. I SHOULD SAY. ALSO, THE PLAN IS REFLECTS SEVERAL OF THE GOALS OR PRINCIPLES OF THE CITY'S COMPREHENSIVE PLAN, NAMELY BUILDING KYLE'S CIVIC IDENTITY AND ALSO THE PRINCIPLE OF FISCAL RESPONSIBILITY AND AND RESILIENCE IN THE SENSE THAT THE PLAN CREATES AN INCREMENTAL APPROACH TO DETERMINING WHICH PROJECTS YOU WILL DO. IN CONCLUSION, I'D LIKE TO SAY THAT BASED ON THE CONVERSATIONS AND THE FEEDBACK AND INPUT WE GOT FROM THE COMMUNITY, IT'S CLEAR TO ME THAT EVEN THOUGH THERE ARE HARD DECISIONS AND CHALLENGES TO BE HARD DECISIONS TO BE MADE IN THE CITY, AND CHALLENGES THAT PUBLIC ART CAN BE A BINDING FORCE. IT CAN GROUND THE CITY IN ITS PAST, PRESENT AND FUTURE. IT CAN CONNECT PEOPLE ACROSS GENERATIONS AND ACROSS NEIGHBORHOODS. IT CAN REFLECT THE BEST OF KYLE'S TRADITIONS, ITS DESIRE FOR CONNECTION. AND IT'S IT'S FORWARD THINKING AND THEREFORE CREATES IS AN OPPORTUNITY TO HELP YOU LAY THE GROUNDWORK FOR THE CREATION OF ASSETS THAT WILL SERVE THE COMMUNITY IN IN THE FUTURE. AND I WILL TURN IT BACK TO WILL, WHO WILL OR CHRIS, WHO WILL DISCUSS THE THE FORMAL PART OF THIS, THE ADOPTION PROCESS AND THE RESOLUTION IN FRONT OF CHRIS CARTER, DEPUTY DIRECTOR OF PARKS AND RECREATION. SO AS TODD MENTIONED, THERE'S QUITE A BIT OF PUBLIC ENGAGEMENT THAT WAS HAD FOR THIS. AND ULTIMATELY TONIGHT, WE'RE SEEKING FINAL RESOLUTION APPROVAL FOR COUNCIL TO CONSIDER. SO THERE'S TWO OPTIONS IN FRONT OF YOU. EITHER APPROVE THE RESOLUTION TO ADOPT THE COW PUBLIC ART MASTER PLAN, OR OPTION TWO DO NOT APPROVE, AND STAFF RECOMMENDS THE FOLLOWING OPTIONS. AND I STAND FOR ANY QUESTIONS YOU GUYS MAY HAVE. ALL RIGHT. DO WE HAVE ANY QUESTIONS? COMMENTS? I WILL SAY I LOVE, LOVE, LOVE THE FACT THAT THIS DOESN'T PUT ART IN A SPECIFIC PLACE, THAT IT ALLOWS US TO TO CHOOSE THAT. I'M EXCITED FOR THIS. LIKE I REMEMBER WHEN WE VOTED TO APPROVE TO EVEN HAVE AN ART COMMISSION. SO THIS IS A BIG STEP FORWARD AND I APPRECIATE, I APPRECIATE YOUR PRESENTATION AND I APPRECIATE STAFF'S WORK. I'M STOKED ANYBODY COUNCIL

[02:50:04]

WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 13. SECOND. ALL RIGHT. I HAVE A MOTION MADE BY MYSELF, SECONDED BY COUNCIL MEMBER ZAPATA. ALL IN FAVOR, SAY AYE. ALL RIGHT, ALL RIGHT. ALL OPPOSED. ITEM PASSES SEVEN ZERO. CONGRATULATIONS. AND THANK YOU,

[14) Consider approval of a resolution authorizing the City Manager to negotiate and execute a construction contract with Cash Construction Company, Inc., a MasTec Company for the Center Street (Off System) Improvements project in the amount of $21,227,083.94, plus a 10% contingency of $2,122,708.39, for a total contract amount not to exceed $23,349,792.33, based on RFP 2022RB_03A.]

SO AGAIN, DIDN'T HAVE QUITE THE SAME ISSUES. WHEN YOU'RE DEALING WITH A LOT OF THINGS THAT ARE THERE, IT JUST ADDS TO THE COMPLEXITY. AND THEN AGAIN, JUST ADDING TO THE TIMELINE AND THE OVERALL COST OF THE PROJECT. SO JUST WANT TO MAKE SURE I NOTED THAT THIS WILL BE THE

[02:55:04]

I'M I'M NOT SURE WHAT THE ORIGINAL ESTIMATE WAS. I THINK THE, THE RECENT ESTIMATE THAT WE HAD IS WE WERE GETTING THROUGH DESIGN WAS WAS IT 19 OR 17? WAS 17, 19. YEAH. SO WE'RE A FEW MILLION OVER THAT. AND AGAIN, THAT'S BASED ON SOME OF THE COMPLEXITIES OF THE UTILITY AND DRAINAGE AND SOME OF THE OTHER THINGS WE'RE DOING AS PART OF THIS PROJECT THAT WERE INCORPORATED IN. OKAY. AND WE'VE DONE WITH PEC, WE'VE GOTTEN WITH THE THE CABLE COMPANIES AND EVERYTHING LIKE THAT. AND AS FAR AS OUR UTILITIES FOR PUBLIC WORKS AND ANY ANYTHING TO WEAR, BECAUSE IF WE AWARD THIS AND WE START DIGGING, THERE'S GOING TO BE A LOT OF PIPES, A LOT OF WIRING, A LOT OF UNDERGROUND STUFF THAT'S BEEN THERE FOR SINCE THE BEGINNING OF TIME, JUST LETTING YOU KNOW THAT A LOT OF OLD PIPES. I JUST WANT TO MAKE SURE THAT WE HAVE ENOUGH. IF WE WERE TO GO TO DESIGN, IF WE GO TO CONSTRUCTION, WE'RE GOING TO BE ABLE TO HAVE ENOUGH TO BE ABLE TO FULFILL THAT. SO WE DON'T END UP LIKE WE DID IN BURLESON.

YOU KNOW THAT THAT TOOK FOREVER BECAUSE WE WE RAN ACROSS A CULVERT THAT NEEDED REPLACING OR PIPING AND ALL THAT. I KNOW THAT'S GOING TO BE HARD TO, TO, TO, TO GO WITH. BUT I THINK THAT'S PART OF WHAT THE UNDERGROUND UTILITIES ARE IS ABOUT. CORRECT. WE'RE GETTING SOME OF THOSE CABLES BURIED. WE WORKED WITH THE THIRD PARTY COMPANIES TO MAKE SURE THAT WE'RE ON TRACK AND, AND, AND WE STAY WITH THEM, MAKING SURE THAT THEY'RE BURIED CORRECTLY AND SO FORTH. CORRECT? YES. MAYOR PRO TEM SO A LOT OF THAT COORDINATION WITH THE TELECOMS AND THE AND THE UTILITIES OCCURRED THROUGH OUR PSC PHASE. AND SO AND AGAIN, THAT ADDS TO THE TIME OF JUST GETTING THAT COMPLETED. BUT A LOT OF THAT WORK HAS BEEN DONE. IT HAS BEEN DONE. AND SO WE ACTUALLY ALSO GOT A VERY DETAILED SCHEDULE PROPOSAL FROM THE SUBMITTERS, THE CONTRACTORS, INCLUDING THIS ONE, CASH AND AND WE WERE ABLE TO WALK THROUGH THAT. AND I THINK WE'RE VERY COMFORTABLE WITH HOW THEY'VE LAID THINGS OUT AND HOW THEY'RE GOING TO BE APPROACHING THIS. OKAY, ANY RESIDENTS ARE GOING TO BE AFFECTED. I MEAN, OBVIOUSLY THEY ARE. BUT ANY OTHER SETBACKS, DO YOU THINK YOU MIGHT HAVE RUN ACROSS THAT YOU COULD THINK OF THAT WE CAN ADDRESS NOW? I DON'T THINK SO. I MEAN OBVIOUSLY THIS IS, YOU KNOW, PRETTY, YOU KNOW, IN DEPTH ROADWAY CONSTRUCTION AND UTILITY RELOCATION. IT'S OBVIOUSLY GOING TO BE A DISRUPTION. BUT WE'VE TAKEN GOOD CARE TO WORK WITH THE DESIGN TEAM AND THE CONTRACTORS ON A GOOD TRAFFIC CONTROL PLAN. WE ARE GOING TO MAINTAIN TRAFFIC MOVING THROUGH THIS CORRIDOR, AND THAT'S ACTUALLY ADDING TO SOME OF THE TIMELINE.

AND SO WE CAN MAINTAIN TRANSPORTATION ACCESS WHILE WE'RE DOING THIS PROJECT AS WE

[03:00:04]

CONSTRUCTION IF APPROVED THROUGH. IT'S GOING TO BE MIDDLE OF, OF, OF THIS YEAR ACTUALLY THE END OF THIS YEAR WHEN WE START CONSTRUCTION. I THINK IT'S OCTOBER. IF I'M LOOKING AT IT HERE 26 AND THEN ACTUALLY SWING IN 27. YEAH, ACTUALLY STARTING CONSTRUCTION UTILITY RELOCATION IS GOING TO START, AS MIKE MENTIONED HERE IN THE SUMMER. SO THE EARLY PART OF SUMMER. SO INITIALLY THERE'D BE A LOT OF UTILITY RELOCATION WORK BEFORE WE GET INTO THE HEART OF THE ACTUAL ROADWAY WORK. AND KIND OF TO ANSWER YOUR QUESTION, AS FAR AS THE DISTURBANCES, OBVIOUSLY WE'RE GOING TO BE COORDINATING AND ASSISTING THE CONTRACTOR TO COORDINATE WITH THE PROPERTY OWNERS, AND ALL THE PROPERTY OWNERS WILL BE THERE. ACCESS WILL BE MAINTAINED THROUGHOUT THE DURATION OF CONSTRUCTION. SO NOBODY'S NOT GOING TO HAVE ACCESS. YOU KNOW, THERE MAY BE A TEMPORARY DRIVE WHILE WE'RE, YOU KNOW, CONSTRUCTING THEIR PERMANENT DRIVE OR SOMETHING LIKE THAT ALONG THE WAY. BUT WE WILL MAINTAIN THAT ACCESS AND CERTAINLY COORDINATE THOROUGHLY WITH EACH. AND AS LONG AS. AND IF WE CAN CONTINUE TO BE PROACTIVE AND WORK WITH OUR PUBLIC COMMUNICATIONS DEPARTMENT TO REALLY STRESS EITHER IT'S ON FACEBOOK OR IT'S ON CHANNEL TEN OR WHATEVER, THAT THIS IS COMING ON, COMING ONLINE, AND WE'RE GIVING DIRECTION AS FAR AS ROAD CLOSURES AND ROUTES AND SO FORTH. SO THAT WAY THEY CAN BE PRE-PLANNED AHEAD. I KNOW WE'RE LOOKING AT UTILITIES UNDERGROUND IN SUMMER, BUT I KNOW WHEN I'M LOOKING AT THE SCHEDULE HERE, AS FAR AS THE ACTUAL ROAD CONSTRUCTION, IT'S GOING TO BEGIN. IT'S GOING TO START LIKE RIGHT AT THE BEGINNING OF THE SCHOOL YEAR. AND SO, I MEAN, I KNOW WE'VE BEEN TALKING ABOUT THIS FOR A WHILE NOW. WE'VE BEEN TELLING RESIDENTS, GET READY. WE'RE GOING TO BE ORANGE CONES ALL OVER THE PLACE. YOU KNOW, THAT'S GOING TO BE OUR OUR ORNAMENTS, CHRISTMAS ORNAMENTS ALL ALL AROUND THE PLACE. BUT I MEAN, IT'S, IT'S GETTING REAL NOW. SO IT'S JUST AS LONG AS WE'RE STAYING PROACTIVE AND ADVISING RESIDENTS, ADVISING HOA'S, FINDING ALTERNATE ROUTES.

AND THEN WE, WE CAN STAY ON TOP OF THIS. THANK YOU. ABSOLUTELY. AND JUST SO YOU KNOW, WE DID AN ACTUAL BLOCK WALK, I THINK ABOUT A MONTH AGO. SO GOING TO EACH EACH RESIDENT AND PROVIDING INFORMATION. SO I MEAN, THAT'S IT'S ONGOING. IT'S ACTIVE. WE UNDERSTAND, YOU KNOW, THE COMPLEXITY AND THE SENSITIVITY OF, OF THE WORK THAT'S ONGOING. SO WE'LL BE SURE TO MAINTAIN, YOU KNOW, OUR COMMUNICATION AS THE PROJECT GOES ON. OKAY. COUNCIL MEMBER ZAPATA AND I THINK PIGGYBACKING OFF OF THAT, IS THERE A FORMAL LETTER THAT WE CAN SEND OUT THAT WE CAN MAIL TO RESIDENTS TO LET THEM KNOW EXACTLY LIKE WHAT THE PLANS ARE AS OF NOW, ALONG WITH LIKE A SMALL DIRECTORY OF LIKE, WHO THEY CAN CONTACT IF THEY HAVE ISSUES WITH X, Y, OR Z, JUST SO THAT WAY THEY FEEL MORE AT EASE AS EVERYTHING BEGINS. SO THAT WAY THEY UNDERSTAND, OKAY, IF I HAVE AN ISSUE WITH THIS, I KNOW I HAVE A DESIGNATED, YOU KNOW, CONTACT TO BE ABLE TO REACH OUT TO ABOUT IT BECAUSE THEY DON'T WANT US TO RUN INTO ISSUES WHERE RESIDENTS ARE GOING UNHEARD. BUT I'M REALLY EXCITED FOR THIS TO COME ONLINE AS WELL, BECAUSE I'VE HEARD FROM A LOT OF RESIDENTS IN THAT AREA THAT ARE WORRIED ABOUT DRAINAGE CONCERNS. AND SO I KNOW THAT THIS WILL START TO ALLEVIATE A LOT OF THOSE ISSUES. SO I'M REALLY EXCITED ABOUT THAT. BUT YEAH, JUST FOR THE COMMUNICATION, IF WE COULD NOT JUST STICK TO ONLINE BECAUSE NOT EVERYONE IS ONLINE AND THEN ALSO JUST SOMETHING LIKE THEY CAN LIKE KEEP ON THEIR FRIDGE, YOU KNOW, AS WELL. SO THEY NEED EMERGENCY CONTACTS. THEY HAVE THOSE THERE. YEAH, ABSOLUTELY. COUNCIL MEMBER. AND SO WE'VE ACTUALLY ESTABLISHED AS PART OF OUR CIP PROGRAM SOME COMMUNICATION PROTOCOLS LIKE THAT. SO LIKE DOOR HANGERS AND GETTING INFORMATION OUT ABOUT THE PROJECT, WHERE WE'RE GOING TO GO TO CONSTRUCTION, WHAT'S GOING TO BE HAPPENING. BUT I THINK FOR THIS PROJECT, WE'LL PROBABLY ENHANCE THAT A LITTLE BIT. AND THEN WE'LL OFFER, YOU KNOW, TO MEET WITH RESIDENTS AS WE NEED TO, YOU KNOW, HOMEOWNER ASSOCIATIONS, WHOEVER TO TALK ABOUT AS THINGS ARE GOING TO BE HAPPENING. BECAUSE I KNOW THERE'S GOING TO BE A LOT OF CONCERN ABOUT, WELL, WHAT IS THIS GOING TO MEAN FOR ME? AM I GOING TO BE ABLE TO HAVE ACCESS TO TO MY HOUSE, MY DRIVEWAY? WHAT WHAT ROADS ARE GOING TO BE CLOSED OR WHAT LANES ARE GOING TO BE CLOSED WHEN WE KNOW THAT AND IT'S GOING TO BE VERY DYNAMIC. AND SO WE WILL STAY ON TOP OF THAT AND MAKE SURE THAT WE'RE GETTING OUT PROACTIVELY.

AND I'VE ALREADY TALKED TO LINDA AND OUR COMMS TEAM ABOUT THAT. THEY'RE READY TO SUPPORT US. I HAD A FEELING, BUT I JUST WANTED TO SAY, JUST IN CASE IT'S GONNA BE A TEAM EFFORT, I HAVE TWO I HAVE A FEW QUESTIONS BECAUSE WE'RE GOING TO ACTUALLY THIS IS GOING TO BE NEGOTIATE AND EXECUTE A CONSTRUCTION CONTRACT. SO AND THAT'S GOING TO BE YOU. CORRECT. MR. LANGLEY, CITY ATTORNEY, CITY ATTORNEY. OKAY, SO THINGS THAT I WOULD LIKE TO SEE IN THERE, I WOULD LIKE TO SEE A CLAUSE TO ENCOURAGE OR TO DETER TWO THINGS CHANGE ORDERS AND

[03:05:05]

WE'VE TRIED TO ACCOUNT FOR EVERYTHING WE COULD AND TAKE A LOT OF CARE IN OUR PSC PHASE.

BUT IF WE IF WE HIT SOME TYPE OF ISSUE OR JUST SOMETHING WE DIDN'T ACCOUNT FOR, WE'RE GOING TO HAVE TO ADDRESS THAT. THAT'S WHAT THE CONTINGENCY IS FOR. AND SO WE TRY TO CAPTURE THAT AMOUNT, THE CONTINGENCY. SO WHAT I WILL SAY IS WE'RE GOING TO DO OUR BEST TO IF THERE ARE ANY CHANGES THAT WE CAPTURED THAT IN THAT CONTINGENCY. AND SO WE HAD A PRETTY GOOD TRACK RECORD OF DOING THAT SO FAR IN OUR PROJECTS. AND SO I'M HOPING WE CAN DO THAT ON THIS PROJECT AS WELL. SO I DON'T KNOW WHAT WE COULD DO IN THE CONTRACT ON THAT. IT'S JUST IT'S HARD TO SAY THAT WE'RE NOT GOING TO HAVE THOSE. AND I HATE TO HAMSTRING THE CONTRACTOR TOO MUCH TO SAY. LIKE, YOU CAN'T HAVE ANY OF THOSE BECAUSE WE JUST KNOW THESE CONSTRUCTION PROJECTS. SOME THINGS ARE GOING TO COME UP HERE AND THERE. BUT WHAT I CAN SAY IS WE'LL TRY TO MINIMIZE THOSE AS BEST AS POSSIBLE WITH THE CONTRACTOR. I THINK JUST MY $0.02 ON THAT IS YOU WILL HAVE CHANGE ORDERS ON A PROJECT THIS LARGE BECAUSE THERE WILL BE UNANTICIPATED THINGS THAT ARE DISCOVERED AND UNDERNEATH THE PAVEMENT AND SOME OF THE UTILITIES THAT WE FIND. BUT THAT'S WHAT, AS MIKE MENTIONED, THAT'S WHAT THE CONTINGENCY IS FOR, IS TO COVER THOSE THOSE CHANGE ORDERS. AND EACH ONE OF THOSE CHANGE ORDERS WILL BE LOOKING AT WITH OUR GC AND OUR ENGINEERS TO SEE, WAS THAT SOMETHING THAT IS TRULY OUT OF SCOPE OR OUT OF THE DESIGN THAT WAS BEING CONSIDERED, OR IS IT SOMETHING THAT'S JUST BEING ASKED FOR BY THE CONTRACTOR? AND SO THAT'S WHAT A DUE DILIGENCE THAT WE DO ON ANY KIND OF CHANGE ORDER THAT WE GET TO MAKE SURE IT'S TRULY UNANTICIPATED, WAS NOT PART OF THE DESIGN AND WAS NOT PART OF THE SCOPE THAT WAS BID. IF IT'S PART OF THE BID AND PART OF THE SCOPE, THEN WE'RE NOT APPROVING THAT CHANGE ORDER. RIGHT? IT'S ALL PART OF THAT. SO IT'S, IT'S TRULY THINGS THAT YOU WOULD THAT WOULD FIND UNUSUAL THINGS THAT ARE NOT IN THE CONTRACT OR IN THE DESIGN.

BUT THAT'S, THAT'S HOW WE'VE APPROACHED IT. ANYTHING OVER ONE PENNY OVER THAT $23 MILLION FIGURE. I'M NOT GOING TO READ IT ALL AGAIN THAT MIKE MENTIONED. ANYTHING OVER THAT HAS TO COME BACK TO THE COUNCIL FOR APPROVAL. CORRECT. I UNDERSTAND THAT, BUT THE CONTINGENCY IS $2.1 MILLION. I DON'T WANT TO SEE 3 OR $4 MILLION. THAT'S MY CONCERN.

WHAT CAN WE PUT IN THERE? I'M NOT. AND I TO BE FAIR, I DIDN'T MEAN THE CONTINGENCY. AND I SHOULD HAVE PREFACED WITH THAT. THAT'S GOING TO HAPPEN. WHAT I DON'T WANT TO SEE IS $4 MILLION OR TO GO OVER SIX MONTHS, EIGHT MONTHS, WHATEVER. SO WHAT CAN WE SET IN PLACE TO TO ENCOURAGE GOOD BEHAVIOR OR TO DISCOURAGE BAD BEHAVIOR? IT HAPPENS ALL THE TIME IN CITIES AND CONTRACTS. AND THIS QUESTION IS FOR AMY. SO IF I COULD HAVE HER HELP OUT, WE HAVE A STANDARD CONSTRUCTION CONTRACT TEMPLATE THAT WE USE FOR OUR ROAD BOND PROJECTS WE'VE BEEN USING SINCE WE STARTED THE ROAD BOND. IT IS GENERALLY PROVIDED AT THE TIME OF THE SOLICITATION. SO THE CONTRACTOR HAS SEEN THIS CONTRACT IS MY UNDERSTANDING. WE DO INCLUDE INFORMATION ABOUT WHAT QUALIFIES A CHANGE ORDER AND WHAT DOES NOT. WE HAVE INFORMATION ABOUT TIMES, DELAYS, ALL OF THAT SORT OF TYPICAL THING YOU SEE IN A CONSTRUCTION PROJECT. BUT AS THEY SAID, WE CAN'T WE CAN'T STOP THEM COMPLETELY. THERE IS NO THERE COULD BE SOMETHING THAT HAPPENED WHEN THEY OPEN UP THE THE ROAD TO, TO DO SOME WORK. SO WE'LL LET ME PREFACE WITH THIS. I HAVE LIVED THROUGH LA VERDE PARK AND I'M GOING TO LOOK AT MAYOR PRO TEM TOBIAS.

HE KNOWS DARN GOOD AND WELL WHAT I'M TALKING ABOUT. I WAS ABOUT TO SAY I'M PERFECTLY WILLING TO STICK UP FOR YOU, MAYOR, ON THIS ONE, BECAUSE I'M. I'M SURE YOU'VE GOT SOME PTSD FROM FROM FROM FROM YOUR YOUR PAST. IT'S LIKE EVERY OTHER MEETING WITH A CHANGE ORDER AFTER CHANGE AFTER CHANGE ORDER. SO WHAT I'M ASKING FOR IS IT SHOULD BE DOABLE BECAUSE THE THINGS THAT I'M SAYING, WE DON'T WANT $4 MILLION OVER SHOULD BE AGREEABLE TO AN EXTENT. YOU KNOW WHAT I MEAN? I, I DON'T WANT I FEEL LIKE FOR A LONG TIME WE'VE JUST ALLOWED THINGS TO GO A LITTLE BIT LONGER OR THINGS GO OVER, WHICH IS WHY I DON'T LIKE THE CHANGE ORDERS. I KNOW WE HAD SOMETHING ON THE AGENDA LAST TIME. IT WAS THE 27TH CHANGE ORDER AND IT WAS THE FIRST CHANGE ORDER TO THAT ONE. SO THAT'S WHAT I'M TRYING TO AVOID. AND THAT'S BECAUSE WE NEED A CLEAR IDEA OF WHAT THESE COSTS ARE MOVING FORWARD. SO IF YOU BRING TO US $23 MILLION MAX, THAT'S WHAT WE EXPECT. SO WE'RE TRYING TO PROTECT OUR TAXPAYER DOLLARS

[03:10:05]

WE HAVE LANGUAGE ABOUT WHAT YOU'RE SAYING AND WHAT DOESN'T. SO SO IF IT'S IF IT'S IN THE SCOPE, IT DOES NOT QUALIFY AS A CHANGE ORDER. IT HAS TO BE A NEW ISSUE THAT COMES UP AS PART OF THE WORK. AND THAT'S IN THE CONTRACT. YEAH. I JUST WANT TO MAKE SURE WE'RE USING THE RIGHT THAT WE'RE ALL THINKING THE SAME TERMS, BECAUSE WHAT WE'RE SAYING IS THERE IS A MAXIMUM OF THE CONTINGENCY, AND THE CONTINGENCY WOULD ONLY BE USED WITH CHANGE ORDERS THAT ARE SUBMITTED, THAT ARE VERIFIED AND DETERMINED TO BE NECESSARY. AND OUTSIDE OF THE BID DOCUMENTS THAT THAT WERE INCLUDED. SO THAT'S WHAT THOSE THAT CONTINGENCY AMOUNT IS MEANT TO COVER, THE CHANGE ORDERS THAT WE WOULD EXPECT TO HAVE OF A PROJECT OF THIS MAGNITUDE. BUT I THINK WHAT YOU'RE SAYING IS TOTALLY, 100% AGREE WITH IT IS WE SHOULD NOT EXCEED THAT AMOUNT. THAT AMOUNT IS THAT AMOUNT. YEAH. AND I THINK THAT'S MAYBE WHAT WE'RE SAYING IS THAT THAT MAXIMUM AMOUNT IS WHAT WE'RE GOING TO BUILD THE PROJECT FOR. IF FOR SOME REASON WE HAVE A CONTRACTOR THAT CAN'T PERFORM, THEY'RE NOT DOING THE THINGS THAT THEY NEED TO BE DOING, THEY'RE HAVING ISSUES. WE CAN CANCEL THAT CONTRACT AND WE COULD LOOK AT GOING WITH SOMEONE ELSE IF WE NEEDED TO DO THAT. THEY HAVE TO STILL PERFORM EVEN ONCE THE CONTRACT IS IS LET AND DO THE THINGS THAT THEY'RE BEING ASKED TO DO.

AND THEN IT'S OUR JOB TO MANAGE THAT. AND IF THERE IS A PROBLEM WITH ACTUALLY MANAGING THAT PROJECT IN THAT FASHION, TO BRING THAT BACK TO YOU WITH AN ACTION PLAN OF HOW TO GET THEM BACK ON TRACK, AND I THINK THAT WOULD BE I CAME IN THE MIDDLE AND I PERHAPS STILL HAVE SOME PTSD ON THAT SAME PROJECT YOU MENTIONED. I THINK THAT WAS AN ISSUE WITH HOW THAT PROJECT WAS MANAGED, AND THERE WAS A CONTRACTOR ISSUE AND SOME OTHER THINGS THAT WERE GOING ON. BUT THE MANAGEMENT OF THE PROJECT IS KEY TO MAKE SURE YOU HAVE GOOD PROJECT MANAGERS ON TOP OF THAT. AND I THINK BETWEEN MIKE AND RICK AND THE TEAMS UNDERNEATH THEM, WE BELIEVE THAT WE HAVE THE TEAMS THAT CAN HELP MANAGE THIS RESPONSIBLY. OKAY. AND JUST TO TALK ABOUT THE CHANGE ORDER PROCESS A LITTLE BIT, JUST FOR YOUR INFORMATION. SO, YOU KNOW, BASICALLY THAT CHANGE ORDER AMOUNT OR THAT THE CONTINGENCY AMOUNT IS, YOU KNOW, WE CONTROL THAT BUCKET OF FUNDING THAT'S NOT GIVEN TO THE CONTRACTOR. TO BRIAN'S POINT IS WE HAVE A CONTRACTED AMOUNT FOR THEM. THEY'VE OFFERED THAT, BUT THEY PROPOSED THAT THEY HAVE THE CONTRACT TERMS AND CONDITIONS. THEY HAVE THE SCOPE, THE SCHEDULE, EVERYTHING. SO WE'LL SET A CONTRACT BASED ON THAT, WE'LL VERIFY THE SCHEDULE, BUT THEN WE CONTROL THAT FUNDING.

SO THEY'LL ACTUALLY HAVE TO APPLY FOR ANY CHANGES. AND THEN WE HAVE A CHANCE AT THAT POINT TO REVIEW. TO BRIAN'S POINT, IF IF IT'S A REASONABLE REQUEST OR IF THEY'RE IF THERE'S SOME ISSUES WITH THAT. AND WE'VE HAD THOSE KIND OF CONVERSATIONS ALREADY MULTIPLE TIMES WITH CONTRACTORS, I WILL ALSO TELL YOU ON THE COLORS IN BB PROJECT, WE ACTUALLY HAD THE CONTRACTOR PROPOSE A VALUE ENGINEERING OR ADDING COST BACK TO THE PROJECT SAYING, HEY, WE COULD DO SOMETHING FOR A CHEAPER AMOUNT. WE THINK WE CAN ADD MONEY BACK TO THE PROJECT. AND SO WE'VE ACTUALLY HAD SOME OF THOSE THINGS TOO. SO AGAIN, THOSE ARE THE THINGS WE'LL WORK OUT AS WE SIT DOWN WITH THE CONTRACTOR AND WORK THROUGH THE SPECIFICS. GETTING TO THE CONTRACT. THAT'S EXACTLY WHY I BROUGHT IT UP. YEAH. AND I'D ALSO LIKE TO SEE THE CONTRACT, MAKE SURE THAT THAT CONTRACT COMES BACK TO US AND WE DON'T HAVE TO APPROVE IT. BUT I WOULD LIKE TO SEE IT.

COUNCILMEMBER ZAPATA, DID YOU HAVE SOMETHING? YES. SO I HAVE SEEN OTHER USE CASES WHERE THERE IS SOME SORT OF LIKE PENALTIES WORKED INTO CONTRACTS GENERALLY FOR LIKE NONPERFORMANCE POOR PERFORMANCE. AND I DON'T THINK THAT'S STANDARD LANGUAGE. AND I KNOW THAT WITH THESE IT BECOMES EXTREMELY DIFFICULT BECAUSE THERE'S IT'S VERY COMPLEX. SO A LOT OF MOVING PARTS. BUT I WONDER IF IF IN THOSE DIFFERENT EXAMPLES THAT LIKE, I MEAN, I'VE BEEN ABLE TO FIND, JUST LIKE WITH SIMPLE GOOGLE SEARCHES, IF THERE IS LANGUAGE THAT WE CAN ADOPT THAT AT LEAST ENSURES LIKE, HEY, IF SOMEONE TRULY IS LIKE POORLY PERFORMING, WE'RE ABLE TO PUT SOME SORT OF PENALTY PLACE SOME SORT OF PENALTY ON THAT. SO WE REQUIRE PERFORMANCE AND PAYMENT BONDS ON ALL OF OUR CONSTRUCTION CONTRACTS THAT IS REQUIRED BY STATE LAW. IT'S ALSO GOOD PRACTICE. IF THEY'RE NOT PERFORMING. WE CAN FILE AGAINST THE BOND COMPANY. BOND COMPANY THEN HAS TO DO THE PROJECT FOR THE MAXIMUM CONTRACT PRICE.

THERE'S ALSO LIQUIDATED DAMAGES GENERALLY INCLUDED IN CONSTRUCTION CONTRACTS. SO THOSE WILL COVER DELAYS, FAILING, FAILURE TO MEET OUR TIMELINE. ESSENTIALLY, WHEN WAS THE LAST TIME THAT WE EVER ACTUALLY HAD THAT HAPPEN OR LIKE ENFORCED THAT LIQUIDATED DAMAGES? NOT SINCE I'VE BEEN HERE. WE SHOULD HAVE. OKAY. THAT DOES NOT MEAN THAT THAT DOESN'T THAT THAT DOESN'T MEAN THAT WE HAD THE OPPORTUNITY AND DIDN'T IT COULD MEAN THAT IN THE TWO AND A HALF YEARS I'VE BEEN HERE, IT JUST HASN'T BEEN. WELL, JUST MAYBE MOVING FORWARD, WE CAN JUST TRY TO LOOK FOR SOME OF THAT VERBIAGE BECAUSE IT IS IMPORTANT NOT ONLY TO US TO MAKE SURE THAT OUR PROJECTS GET DONE ON TIME, BUT ALSO TO OUR TO OUR RESIDENTS, SO THEY UNDERSTAND THAT WE HAVE THESE EXPECTATIONS. AND THERE'S NO SHAME IN THAT. LIKE, WE SHOULD BE ABLE TO SAY, YEAH, WE NEED TO MAKE SURE OUR CONTRACTORS ARE HOLDING UP TO THESE DATES.

AND IF YOU DON'T, THEN THEY'LL BE PENALTIES. THAT HAPPENS ALL THE TIME. AND I'M OKAY WITH

[03:15:03]

IT'S WHERE? STAGECOACH IN CENTER? YEAH. STAGECOACH IN CENTER. OH, I THINK THERE WAS A SLIP LANE. MAYBE THAT WAS DECIDED. THAT DIDN'T HAVE TO GO. YEAH, THEY MIGHT, MIGHT HAVE BEEN REFERRING TO THE SLIP LANE. THERE'S A SLIP LANE INITIALLY PROPOSED. WE WENT BACK AND TOOK A LOOK AT IT. NOW THAT WE HAVE TRAFFIC ENGINEER ON STAFF, AND WE DETERMINED THAT THE ROUNDABOUT COULD STILL FUNCTION EFFECTIVELY WITHOUT THE LANE, AND I THINK THE CONCERN WAS IMPACTS TO THE PROPERTY, SOME OF THE PROPERTIES AT THE CORNER. AND SO WE WERE ABLE TO MITIGATE SOME OF THOSE IMPACTS BY REMOVING THAT SLIP LANE. THAT MIGHT HAVE BEEN THE ISSUE. THAT WAS I DON'T THINK WE RECEIVED THE TRAFFIC REPORT FOR THAT. OKAY. THIS IS THE ONE THAT WE HAVE TO ASK COUNCIL FOR PERMISSION FOR. I'VE REQUESTED THIS WAS PART OF THE DAWSON YEAH DOCUMENTS, AND I THINK WE DID PROVIDE ALL OF THAT INFORMATION. AGAIN, MAKE SURE YOU JUST FIND IT, SEND IT BACK. THAT WOULD BE FANTASTIC. ALL RIGHT, WITH THAT SAID, I'LL TAKE I MAKE A MOTION TO APPROVE AGENDA ITEM 14. SECOND, I MOTION BY MYSELF. SECOND.

SECOND BY COUNCIL MEMBER HARRIS. ALL IN FAVOR, SAY AYE. AYE. OPPOSED. HI. ALL RIGHT. PASSES

[15) Consider approval of a resolution authorizing the adoption of the Kyle Public Library Master Plan.]

WE WERE HERE LAST MONTH OR SO WITH 720 DESIGNS. THE CONSULTANT WAS CONTRACTED AT

[03:20:01]

ADDITIONAL ITEMS THAT WERE ASKED FOR THAT ARE NOT PART OF PHASE ONE OF THIS CONTRACT INCLUDE THE. AVOID UNINTENTIONAL GEOGRAPHIC INEQUITIES, CONFIRM SITE ALIGNMENT WHERE GROWTH IS PROJECTED, AND WHEN MAP THE GROWTH. IT JUST HAS A LOT TO DO WITH THAT GROWTH AND MAPPING, WHICH IS PART OF THAT PHASE TWO. IF WE GO THAT WAY, IT INCLUDED THE LEED CERTIFICATION AGAIN, THAT JIA AND MAPPING HOUSING STABILITY TOOLS. SO THOSE WOULD BE IN ANOTHER PHASE. OUR NEXT STEP OPTIONS COULD BE TO EXPLORE COSTS ASSOCIATED WITH BOOK VENDING BOOK LOCKERS OR EXPAND OUR MOBILE LIBRARY OPPORTUNITIES. WE COULD PROCEED WITH THE CAO PUBLIC LIBRARY LANDSCAPE MASTER PLANNING FOR AN OUTDOOR COMMUNITY SPACE STEAM GARDEN. AND THERE IS THE PRICE FOR THAT PLAN AND OR PROCEED WITH THE CAO PUBLIC LIBRARY MASTER PLAN PHASE TWO PROGRAMING AND CONCEPT DESIGN, WHICH IS REALLY BOND PREPARATION AT 88,800. THAT REASON WHY WE INCLUDED THE LANDSCAPE MASTER PLAN PORTION OF THIS IS BECAUSE THAT SCORED VERY HIGH ON OUR SURVEY RESULTS, IS TO HAVE SOME OUTDOOR AMPHITHEATER, STORYTIME SPACE, SHADED READING AREAS. AND ALTHOUGH WE WOULDN'T CALL IT A PLAY SPACE, IT WOULD BE AN INTERACTIVE STEAM GARDEN, MUSIC, THINGS LIKE THAT. ALL RIGHT.

THANK YOU, THANK YOU. DO WE HAVE I SO THE FUNDING IS IN THERE. DID THAT GET PUT IN THERE. WE DO NOT HAVE THE FUNDING. WELL THE FUNDING OF THAT OPTION 1234 IS IN THE MASTER PLAN. YES. AND WHAT THAT SQUARE FOOTAGE WOULD LOOK LIKE. ESTIMATES OF COST PER SQUARE FOOT. AND THEN IDEAS OF WHERE THOSE MAY GROW TO. OKAY, I'M JUST GONNA I'LL BE BRIEF. SO I DO, I DO KIND OF HAVE A WORRY I WOULD LIKE TO SEE BECAUSE THIS WAS KIND OF LIKE WHAT WE HAD LAST WEEK WHEN WE WERE LOOKING AT A DIFFERENT MASTER PLAN. AND WE'RE NOT SEEING OPTIONS AS FAR AS GROWTH. SO WE HAVE LIKE THIS IS TOTAL BUILD OUT. THIS IS LIKE 200,000 PEOPLE. BUT WHAT I'D LIKE TO SEE IN ORDER TO ADOPT THIS IS LIKE WHEN WE'RE AT GROW OUT FOR 75,000 AND THEN 150,000 AND THEN, YOU KNOW, BECAUSE RIGHT NOW IT'S LIKE WE HAVE TO WAIT, NOT HAVE TO WAIT, BUT WE'RE PLANNING FOR THIS REALLY FAR FUTURE. AND IF WE WANT TO DO THESE THINGS, UPGRADES TO THE LIBRARY, I'D LIKE TO SEE IT SOMETHING THAT'S MORE ATTAINABLE, CLOSER TO TIME.

AND, AND THE FUNDING ISN'T SO OUTRAGEOUS. CORRECT. SO WE GO BY A RULE, A NICE RULE OF THUMB IS 0.8FT■!S PER CAPITA. OUR PER CAPITA DOES NOT GO BY OUR POPULATION. IT GOES BY OUR STATE ACCREDITATION ASSIGNED, WHICH RIGHT NOW THIS MOMENT IS 88,074, I BELIEVE. SO WE COULD

[03:25:04]

OKAY. IT DOESN'T ALSO TALK ABOUT LONG TERM STAFFING COSTS. LIKE WHAT IS THAT GOING TO LOOK LIKE? SO LONG TERM? THAT DEPENDS ON IF YOU BUILD ONE FLOOR OR YOU START BUILDING VERTICALLY. THE SALINA LIBRARY I BELIEVE IS 35 32,000 SQUARE FOOT WITH A OPENING DAY OF 22 FTE. SO IT DEPENDS ON YOUR HOURS YOU'RE GOING TO SET FOR IT THE LEVELS OF THE FLOORING, THE FLOORS. YOU WILL HAVE, THE PROGRAMING YOU WILL PRESENT. SO I THINK A LOT OF THAT IS THAT NEXT STAGES OF WHAT DOES THAT BUILDING LOOK LIKE? THIS PLAN FOCUSES A GREAT DEAL ON WHAT THE COMMUNITY'S EXPECTATION IS OF OUR LIBRARY. WHAT DO THEY WANT MORE OF? HOW CAN WE MEET THOSE NEEDS NOW AND IN THE FUTURE? OKAY. AND MY LAST COMMENT IS GOING TO BE THAT THERE WAS NO COMMITMENT TO TO BUILDING ONE ON THE EAST. SO I KNOW THERE'S, YOU KNOW, WE HAVE ONE ON THE WEST, BUT THERE'S NO FUTURE COMMITMENT TO BUILDING THAT EQUITY ON BOTH SIDES. AND I WOULD LIKE TO HAVE SEEN THAT AS WELL. OKAY. OKAY. ALL RIGHT. QUESTIONS? COMMENTS.

COUNCILMEMBER GOZA. HOW DOES THE POPULATION COMPARE TO THE NUMBER OF VISITORS THAT WE HAVE AT OUR CURRENT LIBRARY? BECAUSE WHEN I WAS LOOKING THROUGH ALL OF THE BUDGET INFORMATION, OUR BUDGET INFORMATION AND DATA, WHEN WE WERE LOOKING AT THE AUDIT BOOKLET, WE'RE NOT BACK TO THE NUMBER OF VISITATION RATES THAT WE HAD PRE-COVID. AND OUR POPULATION WAS WAS SMALLER THEN. CORRECT. SO A COUPLE OF THINGS HAVE HAPPENED IN THE PAST YEAR ESPECIALLY IS WE THE GATE COUNT WAS SLIGHTLY INCORRECT AND NOW WE HAVE LASER GATE LASER ENTRY WHERE IT'S COUNTING INDIVIDUALS AS THEY COME INTO THE LIBRARY. WE DO NOT COUNT SOME OF THE THE PROGRAMING AS OUR PROGRAMING. SO SOME OF THE NUMBERS HAVE REALLY TIGHTENED UP AND FOLLOWING STRICT GUIDELINES BY TSLAC OUR STATE ACCREDITATION. I CAN'T SPEAK FOR PAST NUMBERS, BUT I'M NOT SURE WHERE THOSE NUMBERS CAME FROM. OKAY. ALL RIGHT. THANK YOU. COUNCIL MEMBER ZAPATA. AND I THINK UNDER THE BENCHMARKING AND MAYBE I'M JUST NOT READING IT CORRECTLY, BUT WE DO ACCOUNT FOR WHAT IT WOULD COST OUT, I THINK AT LIKE A 76,000 SERVICE AREA POPULATION. AND IT'S FURTHER DOWN AND IT'S LIKE IT'S SEPARATE FROM THE MASTER PLAN ITSELF UNDER THE BENCHMARKING, UNDER THE PEER SET DATA. AND SO I THINK FOR THAT ONE, IT SAYS LIKE SERVICE AREA POPULATION 76,059, TOTAL EXPENDITURES WOULD BE 9.46463. AND THAT'S AT THAT 24 20,000 OF REPORTED SQUARE FEET. AND THEN THERE'S ALSO UNDER THAT SAME BENCHMARKING DATA ABOUT STAFF, THERE'S A COLLECTION OF STAFFING DATA. AND WE GIVE OURSELVES LIKE NINE OTHER COMPARISON SITES. AND THERE IS THE SALINA PUBLIC LIBRARY STAFFING DATA ASSOCIATED THERE AS WELL. AND IT COMPARES IT LIKE WITH BAILED OUT AVERAGES, STATE AVERAGES, NATIONAL AVERAGES. SO I THINK IT WAS PRETTY EXTENSIVE. I THINK I AM I SHARE SOME, SOME SENTIMENTS ON THIS IDEA THAT I AM ALSO A LITTLE BECAUSE EQUITY IS SUCH A HUGE PART OF WHAT I CARE ABOUT. AND SO IT'S DISAPPOINTING TO KNOW THAT SOMEHOW CREATING

[03:30:07]

[16) (First Reading) Consider approval of an ordinance consolidating previously approved ordinances and defining the speed zones along the northbound and southbound IH-35 frontage roads throughout the City of Kyle’s limits. ]

GOOD AFTERNOON, MAYOR AND COUNCIL AND MAYOR PRO TEM AND COUNCIL MEMBER MCKINNEY. ROB LUCAS. FOR THE RECORD, ASSISTANT DIRECTOR, TRAFFIC. TRANSPORTATION. I AM HERE TODAY TO PRESENT TO YOU ALL THIS VERY FUN ITEM LAST ON THE AGENDA. SO JUST TO GIVE YOU A BIT OF PROJECT BACKGROUND, THIS WAS INITIATED BECAUSE OF SOME COORDINATION WE HAD WITH TEXDOT AND THE DISCREPANCIES THAT WE HAVE WITH OUR WITHIN OUR CURRENT ORDINANCES, NOT ALIGNING WITH HOW THEY HAD ESTABLISHED THE SPEED ZONES ON THE TEXDOT FRONTAGE ROADS NORTH AND SOUTHBOUND I-35 FRONTAGE ROADS GOING THROUGH THE CITY OF KYLE. I'M NOT GOING TO READ THROUGH THE MILE MARKERS, BUT GENERALLY SPEAKING, THE. RED AREA THAT YOU SEE THERE, THAT'S THE I-35 SOUTHBOUND FRONTAGE ROAD. SO THAT'S POSTED AT 55MPH. THE GREEN THAT YOU SEE ALSO ON THE I-35 SOUTHBOUND FRONTAGE ROAD THAT'S POSTED AT 50 MILES AN HOUR, AND THEN ALL OF THE NORTHBOUND FRONTAGE ROAD FOR I-35 THROUGH THE CITY LIMITS IS POSTED AT 55MPH. CURRENTLY, THE DISCREPANCIES ARE PERTAINING TO ONE OF THESE ORDINANCES. SO ORDINANCE NUMBER 1356 WAS PREVIOUSLY APPROVED ADOPTED BY COUNCIL. AND IT ESTABLISHES THE NORTHBOUND I-35 FRONTAGE ROAD SPEED ZONE TO BE 55MPH THROUGHOUT THE CITY LIMITS. ORDINANCE NUMBER 784 THAT IS CURRENTLY IN PLACE, DOES NOT CORRECTLY IDENTIFY THE SPEED ZONES THAT HAVE BEEN ESTABLISHED BY TXDOT. SO THAT IS THE REASON WE'RE HERE TONIGHT, IS TO ADDRESS THAT DISCREPANCY SO THAT WHATEVER ORDINANCE IS ON FILE ALIGNS WITH THE SPEED ZONES THAT HAVE BEEN ESTABLISHED THROUGH TAXDOCS PROCESS. LIKE I MENTIONED EARLIER, THIS IS COMING THROUGH DIRECT COORDINATION WITH TXDOT AND THE REQUEST THAT THEY MADE TO UPDATE THE CITY ORDINANCES TO REFLECT WHAT IS POSTED IN TERMS OF SPEED LIMITS OUT ON THESE FRONTAGE ROADS. THIS IS AGAIN JUST PERTAINING TO WHEN THE ORDINANCE IS APPROVED.

ORDINANCE NUMBER 784 WAS APPROVED ON MARCH 18TH, 2014, AND THAT IS ASSOCIATED WITH THE SOUTHBOUND I-35 FRONTAGE ROADS ORDINANCE NUMBER 1356 OR 1 356, WAS APPROVED ON FEBRUARY 4TH, 2025, AND THAT WAS APPROVED ON FEBRUARY 4TH, 2025. I DON'T KNOW WHERE I WAS GOING WITH THAT. SO THE CURRENT ORDINANCE OR THE PROPOSED ORDINANCE THAT I'M HERE TO PRESENT TO YOU ALL TONIGHT AND HOPEFULLY HAVE AN ORDINANCE ADOPTED, IS TO REPEAL BOTH THE EXISTING ORDINANCE NUMBER ONE, THREE, FIVE SIX AND ORDINANCE NUMBER 784, AND TO ESTABLISH ONE SPEED ZONE ORDINANCE THAT CAPTURES BOTH THE NORTHBOUND FRONTAGE ROAD SPEED ZONE AND THEN THE TWO

[03:35:01]

AND THAT IS THE RECOMMENDATION THAT I AM PRESENTING TONIGHT, IS TO HAVE ONE ORDINANCE TO IDENTIFY ALL OF THE SPEED ZONES ASSOCIATED WITH THE I-35 NORTHBOUND AND SOUTHBOUND FRONTAGE ROADS, AND THESE ARE THE OPTIONS AND RECOMMENDING OPTION ONE. THANK YOU.

COUNCILMEMBER HARRIS. I UNDERSTAND THAT THESE ARE SPEEDS RECOMMENDED BY TEXDOT.

DO WE HAVE ANY OPTIONS TO SAY THAT'S TOO FAST? I'M REALLY LOOKING AT THAT 55 MILES AN HOUR ON THE NORTHBOUND COMING IN, ESPECIALLY WHEN IT'S KYLE PARK GETS THERE. YOU ALREADY CANNOT GET IN SAFELY INTO THE TRAFFIC ON THE THE ACCESS ROAD. IT'S COMING BY YOU AT 55 MILES AN HOUR. VERY FEW BREAKS AND I CANNOT IMAGINE. I DON'T KNOW HOW MANY WRECKS WE'VE HAD ON THESE, BUT THE FRONTAGE ROADS ARE OUR HEAVIEST ACCIDENT AREAS, PERIOD. I FEEL LIKE I'M TAKING MY MY LIFE IN MY HANDS AND MY CAR'S GOT PRETTY GOOD PICKUP WHEN I TRY TO GET FROM BB ROAD OR FROM THE. THE LOOP TORTILLA AREA INTO TRAFFIC. IT IS SO DANGEROUS. DO WE HAVE ANY OPTION TO SAY MAYBE WE DON'T WANT IT AT 55? ABSOLUTELY JUSTIFIED. I THINK THE CONCERNS THAT YOU BROUGHT UP. WE CAN CERTAINLY REACH OUT TO THEM AND ASK FOR AN EVALUATION TO REDUCE THE CURRENTLY ESTABLISHED SPEED ZONES. THEY, BY STATE LAW, JUST LIKE US, ARE MANDATED TO CONDUCT AN OPERATIONAL SPEED STUDY THAT LOOKS AT THE TRAVELING SPEEDS OF 85% OF THE TRAFFIC THAT'S TRAVERSING THESE ROADWAYS, AND IT GOES BEYOND PEAK HOURS. SO THIS IS A LITTLE BIT OF A CATCH 22 IN THE TRAFFIC ENGINEERING WORLD. WE CAN'T POST SPEED LIMIT SIGNS THAT DON'T ALIGN WITH THE MAJORITY OF THE TRAVELING PUBLIC. BUT THEN IN ORDER TO ACHIEVE SPEED REDUCTION, SOMETIMES SOME MEASURES ARE NEEDED. THAT SAID, THOUGH, WE DO HAVE THAT SAFE STREETS FOR ALL GRANT THAT WE RECEIVED TOWARDS THE END OF LAST YEAR, WE'RE WORKING THROUGH THE FEDERAL GOVERNMENT'S PROCESS, SO I CANNOT GIVE YOU A TIMELINE AT THIS POINT. BUT WHEN THAT GRANT FUNDING COMES THROUGH AND WE, YOU KNOW, KICK OFF THAT PROJECT, LIKE YOU'D MENTIONED, THERE WILL BE A DEMONSTRATED, YOU KNOW, HISTORY OF CRASHES I EXPECT ALONG THESE CORRIDORS BECAUSE OF THE HIGH SPEEDS, BECAUSE OF THE HIGH VOLUMES AND THE TURNING MOVEMENT ACTIVITY THAT'S HAPPENING OFF OF THESE FRONTAGE ROADS. SO WE COULD, IF OUR REQUEST CURRENTLY FAILS WITH TXDOT, WE COULD GO BACK TO THEM WITH THAT SAFETY LENS AND ASK FOR THAT CONCESSION BASED ON, YOU KNOW, SOME COUNTERMEASURES THAT WE PROPOSE.

AND THAT COULD BE ONE OF THEM. SO, YOU KNOW, THE SHORT TERM OPTION IS VERY NICELY ASKED THEM TO REVISIT THE SPEED LIMIT ZONES. AND THEN THE LONG TERM OPTION WOULD BE WHEN THE SAFE STREETS FOR ALL GRANT KICKS OFF. I MEAN, THE PROJECT KICKS OFF. MAKE THAT REQUEST AGAIN WITH THAT DATA DRIVEN APPROACH, PIGGYBACKING OFF OF WHAT COUNCILMEMBER HARRIS SAID, I THINK IT'S LIKE THAT ON BOTH SIDES. I FEEL LIKE THAT BECAUSE I GO TO CRUNCH SOMETIMES, BUT ALSO WHEN YOU GO TO EVO, THAT'S LIKE, THAT'S REALLY DANGEROUS. AND YOU HAVE LIKE, I DON'T THINK THEY'RE GOING TO LOWER IT BECAUSE THAT WOULD BE. BUT CAN INSTEAD OF DOING A SAFETY, CAN THEY DO I MEAN, A SPEED, CAN THEY DO LIKE A SAFETY ASSESSMENT TO FIGURE OUT IF THE SPEED LIMITS SAFE? THEY'RE THAT THAT WOULD BE PART OF THE SCOPE OF THE SAFE, THE SAFETY ACTION PLAN THAT WE WOULD BE EXECUTING ONCE THE GRANT IS THE GRANT AGREEMENT IS EXECUTED. I SAID THIS IN MY HEAD. I DIDN'T SAY IT OUT LOUD LAST TIME IS WE DO HAVE OUR BOND PROJECTS THAT ARE IN THAT AREA. THAT COUNCIL MEMBER HARRISON MAYOR HAD MENTIONED. SO WE HAVE THE BABY ROAD PROJECT. I KNOW THERE IS SOME IMPROVEMENTS THAT ARE BEING DONE AS PART OF THAT PROJECT, WHERE TAKES INTO I-35, NORTHBOUND FRONTAGE ROAD THERE. AND THEN AS PART OF THE I GUESS IT'S BB COLOR. SORRY, I FORGET THE THE PROJECT NAME. SOMETIMES THAT IS ANOTHER ELEMENT THAT WE'RE LOOKING AT AND HOW KOHLER IS TYING INTO I-35 AS WELL. AND THEN I KNOW WITH THE I-35 KOHLER UNDERPASS. SO THAT WOULD BE LIKE CONNECTING THE WEST SECTION OF KOHLER TO THE EAST SECTION THAT WE'RE BUILDING RIGHT NOW. THERE WILL BE IMPROVEMENTS MADE WITH OBVIOUSLY THE FRONTAGE, ROAD INTERSECTIONS AND ADDING TURN LANES AND ALL OF THAT, IMPROVING CAPACITY AND SAFETY. SO LONG TERM THAT THAT IS THE PLAN. BUT I THINK THROUGH OUR SAFETY ACTION PLAN, WE'LL HAVE A REAL LEG TO STAND ON TO GO BACK TO TXDOT WITH THAT KIND OF DATA DRIVEN STRATEGY, TO RECOMMEND SOME IMPROVEMENTS AND WORK WITH THEM TO EXECUTE THEM.

[03:40:03]

SO FOR SECTION FOUR, I WOULD REALLY LIKE TO SEE THE FINES LISTED IN THERE. I KNOW IT REFERENCES SECTION ONE THROUGH 14 OF THE CODE OF ORDINANCES. BUT CAN WE MAKE IT EITHER AN ATTACHMENT OR LISTED IN THERE. OH YOU'RE TALKING ABOUT THE THE ORDINANCE, THE MAYOR, THE EXACT FINES FOR SPEEDING SPEEDING FINES ARE SET OUT BY STATE LAW. THAT'S GOING TO BE IN THE TRANSPORTATION CODE. MAXIMUM FINES, CODE OF ORDINANCES. IT DOES REFERENCE THE CODE OF ORDINANCES. AND THAT IS BECAUSE THAT IS TO MAKE IT A TRAFFIC VIOLATION. BUT THE FINES FOR TRAFFIC VIOLATIONS ARE SET OUT IN STATE LAW. SO IF I GOT A TICKET AND I WENT TO HERE, I WOULD GO TO THE CODE OF ORDINANCES AND THEN I WOULD HAVE TO GO SOMEWHERE ELSE. NO, YOU WOULD GO. SO TO FIND THIS SECTION, YOU WOULD LOOK IN OUR ORDINANCES. SECTION ONE DASH 14 IS THE GENERAL PENALTY. AND IT JUST SAYS IT BASICALLY SAYS WHEN WHEN A SECTION OF THE CODE SAYS OR WHEN AN ORDINANCE SAYS THAT DOING SOMETHING IS A VIOLATION THAT TRIGGERS ONE DASH 14. HOWEVER, TRAFFIC VIOLATIONS, THOSE PENALTIES ARE SET OUT IN STATE LAW AND THE TRANSPORTATION CODE. OKAY, SO MY QUESTION, MY QUESTION WOULD BE HOW DO WE GET THAT INFORMATION AS AN ATTACHMENT TO THIS? BECAUSE I GET FRUSTRATED JUST TALKING ABOUT IT. BUT IF I HAVE A TICKET AND I'M TRYING TO FIGURE OUT HOW MUCH I OWE, I WANT TO MAKE THAT AS EASY AS POSSIBLE FOR OUR RESIDENTS TO FIND. RIGHT. SO THE ACTUAL FINES AND FEES IS WHY I ASKED THAT QUESTION ARE SET BY THE MUNICIPAL COURT JUDGE. SO THE THE MAXIMUM AMOUNT ALLOWED BY LAW IS SET EITHER IN OUR CODE OF ORDINANCES OR IN STATE LAW. BUT THE SPECIFIC FINE FOR EACH VIOLATION IS ULTIMATELY IN THE JURISDICTION OF THE MUNICIPAL COURT. JUDGE. OKAY, SO THAT MAKES THIS EVEN MORE CONFUSING. IS THERE IS THERE SOME VERBIAGE WE CAN PUT THAT KIND OF EXPLAINS THAT TO ANYBODY THAT'S THEY'RE GOING TO BE LIKE, WELL, I WENT TO THE CODE, BUT THEN I WENT TO THE JUDGE AND HE DID IT. WHAT CAN WE DO TO MAKE THAT MORE UNDERSTANDABLE FOR OUR RESIDENTS? TYPICALLY IN A CODE, YOU SET OUT THE MAXIMUM FINE SETTING OR POTENTIALLY THE MINIMUM AND THE MAXIMUM, BUT GENERALLY NOT THE FULL RANGE YOU GIVE THE JUDGE. THE COURT HAS JURISDICTION OVER THE FULL RANGE. OKAY. SO COULD WE SAY LIKE WITH THE MINIMUM OF THIS AND A MAXIMUM OF THAT FOR FOR MOST ORDINANCE VIOLATIONS, WE DO HAVE IN THERE A FINE OF NOT MORE THAN $500 OR IF IT'S CODE SAFETY, NOT MORE THAN $2,000. HOWEVER, A TRAFFIC VIOLATION IS SET BY STATE LAW AT $200. AND MY CONCERN WITH PUTTING THAT IN THE CODE OF ORDINANCES IS IF THE STATE LAW CHANGES, THEN WE HAVE TO CHANGE THE CODE. SO I WOULD RATHER PUT TRAFFIC VIOLATIONS AS SET BY STATE LAW OR SOMETHING ALONG THOSE LINES. CAN WE DO THAT IF WE WERE GOING TO DO IT? YEAH, THAT WOULD BE FANTASTIC. YEAH, I CAN PUT SOMETHING TOGETHER FOR SECOND READING. THAT WOULD BE. THANK YOU. THAT IS GREAT. ALL RIGHT, SO SECTION TICKET, DEPENDING ON HOW FAST YOU GO, IT'S GOING TO BE BASED ON THE JUDGE'S RECOMMENDATION ANYWAY. CORRECT.

I JUST DON'T WANT THEM TO GO TO SECTION ONE POINT OR ONE THROUGH 14 OF THE CODE OF ORDINANCES AND THEN NOT BE ABLE TO FIND IT THERE EITHER. OKAY. SO NUMBER FIVE, THIS, THIS IS A PRESUMPTION OF DRIVER. SO CAN WE ADD SOMETHING? IS THERE A PROCESS IN CASE THE PERSON WHO OWNS THE CAR IS NOT THE DRIVER? WE CAN LOOK LET ME LOOK AT THAT PROVISION AND I CAN MAKE SOME RECOMMENDATIONS. ALL RIGHT. I WAS JUST GOT A LITTLE BIT WORRIED IN JUST IN CASE. AND THEN FINALLY IN THE VERY LAST SECTION IN SECTION NINE, THE EFFECTIVE DATE. CAN WE CHANGE THAT TO WHEN THE SIGNS ARE POSTED AS OPPOSED TO WHEN THIS PASSES? I DO BELIEVE THE SIGNS ARE POSTED THERE ALREADY POSTED. YEAH, THIS IS US TRYING TO CATCH UP TO WHAT TECHDOCS ALREADY DONE. OKAY. YEAH. ALL RIGHT. THAT'S IT. THAT'S ALL I HAVE. ANYBODY ELSE GOT? COUNCIL MEMBER GOSA. I JUST HAVE A REALLY QUICK QUESTION BECAUSE I LIVE ON. I HAVE TO TAKE THAT SOUTHBOUND SIDE ROAD. SO I'M LIKE, WHY IS IT LOWER THAN THE REST OF IT? YOU'RE TALKING ABOUT THE THE GREEN SECTION. YES. SO WITH SOME OF THE PREVIOUS ORDINANCES THAT WERE PRESENTED, THERE WAS A SPEED, AN 85TH PERCENTILE OPERATING SPEED STUDY THAT WAS DONE. AND IT WAS JUST PURELY THROUGH THAT STUDY THAT THAT WAS ESTABLISHED TO BE A LOWER SPEED ZONE Y. IT

[03:45:04]

IT COULD BE THAT THERE'S MAYBE NOT AS MUCH LIGHTING AS, YOU KNOW, THE NORTHBOUND SECTION AS YOU GET UP TO LIKE KYLE PARKWAY AND NORTH OF THERE, THAT SOMETIMES LACK OF LIGHTING MAKES DRIVERS HESITATE IN TERMS OF SPEEDING BECAUSE YOU JUST CAN'T SEE AS FAR AS YOU WOULD WITH LIGHTING. SO THERE'S A VARIETY OF FACTORS AND I'M LIKE LISTING EVERYTHING UNDER THE MOON HERE. OKAY. BUT NO, I THINK I GET IT LIKE IT'S STRICTLY DETERMINED THOUGH, BY WHAT, 85% OF THE TRAFFIC ON THAT ROAD IS GOING. OKAY. AND THAT IS STATE LAW. IT'S IN THE TEXAS TRANSPORTATION CODE. OKAY. I WAS JUST CURIOUS. SO THANK YOU. AND THERE IS A HEAT MAP THAT'S LISTED ON OUR WEBSITE BY THE POLICE ON WHERE WE'RE SEEING A LOT OF OUR ACCIDENTS.

AND I'M NOT SURE IF YOU KNEW THAT, BUT I THOUGHT I WOULD THROW THAT OUT THERE. YEAH. NO, THANK YOU FOR BRINGING THAT UP. I THINK THAT'S GOOD FOR JUST AWARENESS. BUT YOU KNOW, WE DO WORK VERY CLOSELY WITH CAL PD, WITH THE CHIEF AND ONE OF THEIR DATA ANALYSTS WHO I CONSTANTLY HARASS FOR CRASH SAFETY TYPE INFORMATION. SO WE ARE ABSOLUTELY COORDINATING WITH THEM ON A REGULAR BASIS. PERFECT. THANK YOU SO MUCH. ALL RIGHT. ANY OTHER QUESTIONS? COMMENTS. NOW I SEE THIS IS FIRST READING. BUT IF WE PASS IT UNANIMOUSLY IT CAN STILL COME BACK. I WOULD RECOMMEND INCLUDING IN THE MOTION WITH AMENDMENTS TO BE BROUGHT BACK AT SECOND AND SECOND READING ON SECOND READING, AS DISCUSSED. SORRY, IT'S GETTING LATE. IT IS LATE. SORRY. ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 16 AND TO HAVE IT BROUGHT BACK WITH THE AMENDMENTS DISCUSSED DURING THE MEETING FOR A SECOND READING, FOR SECOND READING, SECOND. ALL RIGHT. SECOND, I HAVE A MOTION BY MYSELF, SECONDED BY COUNCIL MEMBER GOSA. ALL IN FAVOR, SAY I, I, I OPPOSED OKAY, MOTION PASSES SEVEN ZERO NEXT. WE'RE

[18) Discussion and possible direction to staff regarding the annual review of the Rules of Council, including but not limited to, potential updates to promote transparency, efficiency, and effective governance. ]

THEY. THEY ARE HERE TO ENSURE ORDER OF FAIRNESS AND A REAL OPPORTUNITY FOR OUR PUBLIC TO BE HEARD. THIS REVIEW IS MEANT TO BE ANNUAL TO GIVE US AN OPPORTUNITY TO REEVALUATE THEM, PROVIDE FEEDBACK, AND TO MAKE THEM STRONGER, TO IMPROVE TRANSPARENCY, WORK MORE EFFICIENTLY, AND HOLD OURSELVES TO A HIGHER STANDARD. BECAUSE IF WE EXPECT TRUST FROM OUR COMMUNITY, WE MUST EARN IT NOT JUST IN WHAT WE DECIDE, BUT HOW WE DECIDE AND HOW WE TREAT EACH OTHER WHEN WE DISAGREE AND HOW WE LISTEN, ESPECIALLY WHEN IT'S HARD AND AND WHETHER THE PEOPLE WE SERVE CAN SEE THEMSELVES. AND THE WAY THIS COUNCIL CARRIES OUT ITS WORK. THIS IS ABOUT SETTING THE TONE FOR THIS BODY, A TONE I WANT TO BE ROOTED IN RESPECT, DISCIPLINE AND AND ACCOUNTABILITY, NOT JUST FOR TODAY, BUT FOR EVERY MEETING THAT FOLLOWS. SO WITH THAT, I'M GOING TO I'M GOING TO GO LAST. I HAVE SOME SEVERAL CHANGES. I DON'T KNOW IF ANYBODY ELSE HAS CHANGES. MINE ARE REALLY GOING TO BE ROOTED IN DECORUM. AND THEN CITIZEN'S PARTICIPATION. DO WE HAVE ANY LEGAL ISSUES OR CONCERNS THAT YOU WOULD LIKE TO ADDRESS? MISS AMY MAYOR, I SENT YOU SOME COMMENTS PREVIOUSLY. I CAN SEND THOSE OUT TO COUNCIL. SOME OF THEM WERE MORE FORM THAN LEGAL. I HAVE PREVIOUSLY DISCUSSED SOME CHANGES TO OUR RULES REGARDING PUBLIC COMMENT WITH THE COUNCIL. I CAN SEND THOSE OUT AGAIN. BUT I DON'T HAVE A LOT PREPARED. I MADE THE THE CHANGE THAT WAS ABSOLUTELY NECESSARY FOR STATE LAW FOR THE OPEN MEETINGS ACT EARLIER THIS YEAR. OKAY, SO BRINGING THESE BACK IS SUCH A BIG DEAL BECAUSE I THINK THIS GIVES US THE TIME TO SIT AND SAY, THIS IS WHAT WE EXPECT FROM EACH OTHER AND THIS IS WHAT WE'D LIKE TO THIS IS HOW WE WOULD LIKE TO INTERACT WITH THE RESIDENTS. SO MINE IS GOING TO BE SO SECTION G IF YOU GUYS WANT TO GO THERE, SECTION IS DECORUM. AND THERE ARE SOME THINGS THAT I WOULD LIKE TO TAKE OUT FROM COUNCIL MEMBERS SHALL NOT BE PERMITTED TO ACCUSE ALL THE WAY TO. IS FOUR LINES DOWN AND PUT NORTH SHORE COUNCIL MEMBERS BE PERMITTED TO PLACE ITEMS ON THE AGENDA TO THAT EFFECT. I WOULD LIKE TO REMOVE THAT AND. BUT WHAT I'D

[03:50:04]

DO YOU BY CHANCE HAVE AN EXAMPLE OF THAT? REAL QUICK EXAMPLE OF, OF LIKE, OF THE REASON OF THE CHANGE. I MEAN, YOU AND I HAVE SERVED FOR MANY, MANY YEARS. IT FEELS LIKE OVER A DECADE NOW. BUT I MEAN, I JUST WANT TO MAKE SURE WE'RE CLEAR ON WHAT, WHAT WE'RE WHAT YOU'RE ASKING FOR. WELL, I'M ASKING IF WE HAVE A THIS IS THIS IS KIND OF A CONCERN FOR ONE, IF WE HAVE AN ISSUE WITH EACH OTHER AND WE WANT TO DISCUSS IT COLLECTIVELY, MY QUESTION IS, HOW DO WE DO THAT? I THINK I THINK I MENTIONED EARLIER THIS YEAR THAT THERE ARE SOME CONCERNS WHERE IF WE NEED TO DISCUSS AN ETHICS ISSUE RELATED TO COUNCIL MEMBER OR SAY, YOU KNOW, SINCE BRIAN'S LEAVING, I'LL PICK ON HIM, THE CITY MANAGER, AND WE NEED TO DO SO IN A MANNER WHERE ALL OF COUNCIL CAN BE PRESENT. THE ONLY WAY TO DO THAT IS TO PUT THAT ON AN AGENDA. AND SO IF THE RULE PROHIBITS US FROM PUTTING THAT ON AN AGENDA OR FROM DISCUSSING IT AT A MEETING, THEN THERE'S REALLY NO WAY TO HAVE THAT DISCUSSION WITH THE FULL BODY WITHOUT VIOLATING THE OPEN MEETINGS ACT. RIGHT. THAT'S MY CONCERN IS LIKE, IF THERE IS A REAL ISSUE, HOW DO WE DISCUSS THAT COLLECTIVELY? I FEEL LIKE THE AND AGAIN, IT NEEDS TO BE RESPECTFUL. I DON'T KNOW HOW TO DO THAT. BUT IF A COUNCIL MEMBER HAS AN ISSUE WITH ANOTHER COUNCIL MEMBER, SHOULD IT START AT THAT LEVEL? SURE. BUT IF WE. IF DOES IT OR DOES IT OR DOES IT, DOES IT NEED TO BE ADDRESSED AS A FULL BODY? IF YOU AND I HAVE A DISAGREEMENT OF SOME SORT, DO WE NEED TO BRING IT AS AN AGENDA ITEM OF. THIS IS HOW I FELT OR THIS IS WHERE I'M AT? OR IS IT JUST, YOU KNOW, YOU AND I, ONE ON ONE, HAVING THE CONVERSATION TO COME UP WITH SOME KIND OF AGREEMENT AND THEN HAVE SOME KIND OF MEDIATOR TO, TO, TO GO FROM THERE ON THAT END. BECAUSE I JUST FEEL THAT WHEN WE DO THINGS LIKE THIS, IF I'M LIKE, I'VE GOT A BEEF WITH YOU AND I'M GOING TO GO AHEAD AND BRING IT OUT BECAUSE THIS IS HOW I FEEL. IS IT? I GUESS MY THING IS, IS IT BEST USED FOR CITY TIME, STAFF TIME RESIDENTS WHO ARE WATCHING THE TO SEE THAT AND NOT. AND THEN AGAIN, IT GOES BACK TO, YOU KNOW, WE ALL HAVE A RIGHT TO ADDRESS OUR GRIEVANCES. BUT HOW DO WE GO ABOUT DOING THAT ON THAT END? SO I WOULDN'T THINK IF IT WAS A ONE ON ONE ISSUE, I DON'T THINK THAT WOULD BE A COUNCIL ISSUE. THAT WOULD BE A PERSONAL ISSUE. BUT FOR EXAMPLE, SAY IF YOU SAW ME STEAL A PACK OF GUM AND YOU ADDRESSED IT AND I, I SAID, I DON'T CARE OR WHATEVER, AND THEN YOU'RE LIKE, WELL, THE COUNCIL NEEDS TO KNOW THAT YOU SOLD A PACK OF GUM, THEN THAT WOULD BE SOMETHING THAT YOU WOULD STICK ON THE AGENDA. BUT I DON'T THINK LIKE IF ME AND YOU ARE MAD AT EACH OTHER THAT WE'RE GOING TO STICK, AND MAYBE WE NEED TO CREATE THAT VERBIAGE TO BE VERY CLEAR, THIS IS NOT ABOUT AIRING PERSONAL ISSUES WITH EACH OTHER. IT'S MORE ABOUT IF THERE'S AN ETHICAL OR LEGAL ISSUE THAT WE SHOULD BE ABLE TO DISCUSS IT ON THE COUNCIL. WE COULD PUT IT IN THERE AS LIKE A VIOLATION OF STATE OR FEDERAL LAW OR THE CODE OF ETHICS SPECIFICALLY, SO THAT IT'S REALLY MORE ABOUT THAT SORT OF ISSUE. I MIGHT ALSO SUGGEST IF COUNCIL'S AMENABLE PROVISION THAT SAID, YOU KNOW, WHEN PERMISSIBLE, THAT THE CONVERSATION WOULD OCCUR IN AN EXECUTIVE SESSION SO THAT WE COULD HAVE EXECUTIVE SESSION CONVERSATION FIRST.

WELL, SOME THINGS WE CAN'T LEGALLY PERMISSIBLE AS LONG AS LONG AS IT'S PERMISSIBLE BY LAW.

AND OF COURSE, IF IT'S ABOUT AN INDIVIDUAL, THAT INDIVIDUAL ALWAYS HAS THE RIGHT TO ASK THAT IT BE IN PUBLIC, UNLESS IT'S A LEGAL ISSUE, SO THAT IT WOULDN'T BE PERMISSIBLE IF THE PERSON ASKED FOR IT TO BE IN PUBLIC. RIGHT. OKAY. BUT THEN IT GOES BACK TO THE SAME OLD SCENARIO AGAIN, WE'VE HAD MANY TIMES. WHAT IS CONSIDERED THE ETHICS ON THAT END ACCORDING TO OUR CHARTER? BECAUSE, YOU KNOW, IT'S THIS, YOU KNOW, WE HOLD EACH OTHER ACCOUNTABLE. BUT AT AT TO WHAT POINT? WHAT WHAT SOME PEOPLE MAY FEEL IS AN ETHICS VIOLATION. SOME PEOPLE SAY IT'S, IT'S, IT'S WITHIN REASON OF, YOU KNOW, FREEDOM OF EXPRESSION OR, OR WHATEVER THE CASE IS. BECAUSE I DON'T WANT TO GET TO THE POINT TO WHERE, BECAUSE THIS RULES OF COUNCIL HAS BEEN BROUGHT UP SO MANY TIMES, AND I WANT US ALL TO BE IN A GOOD SPOT. AND SO IT'S JUST A MATTER OF IF WE'RE JUST CHANGING A WORD FROM SHALL TO SHOULD OR ANY OF THAT DECOR.

[03:55:01]

ALL RIGHT. THE NEXT ONE IS GOING TO BE RULE NUMBER FIVE, WHICH IS THE MAYOR OF THE CHAIRS RESPONSIBLE. SO WHAT I WOULD LIKE TO DO THIS IS JUST MY RED LINES. AFTER THE MAYOR CHAIR'S RESPONSIBLE FOR ENSURING THE ORDERLY CONDUCT OF PARTICIPANTS DURING CITY COUNCIL MEETINGS, AND SHALL PROHIBIT THE USE OF CITIZENS COMMENTS, PERIOD TO ENGAGE IN DISCUSSION OF WELL, I DON'T EVEN KNOW. CAN WE DO PERSONAL AND EMPLOYMENT MATTERS? THAT'S ALLOWED, ISN'T IT? SO IN MY OPINION, WE CAN PROHIBIT CONVERSATION ABOUT PERSONAL ABOUT PERSONNEL MATTERS THAT INVOLVE EMPLOYEES THAT DO NOT REPORT TO CITY COUNCIL BECAUSE THOSE MATTERS ARE GENERALLY OUTSIDE THE PURVIEW OF CITY COUNCIL AND THEREFORE SHOULD BE DIRECTED TO THE CITY MANAGER. PERFECT. OKAY. SO THEN WE'LL TAKE OUT PERSONAL ATTACKS, AND THEN WE'RE GOING TO KEEP IN DISCUSSION OF PERSONAL EMPLOYMENT MATTERS, TAKE OUT THE USE OF PROFANITY. AND THEN KEEP THE REST. AND THEN IN THE END, SPEAKERS MAY EXPRESS CRITICISM OF POLICIES, ELECTED OFFICIALS OR CITY OPERATIONS, PROVIDED SUCH COMMENTS DO NOT DISRUPT THE MEETING, CONSTITUTE THREATS OR OTHERWISE VIOLATE APPLICABLE LAW. SERIOUS THREATS.

I THINK WE JUST CONSTITUTE THREATS. AND THEN IS THAT LIKE A I DON'T KNOW THE DIFFERENCE BETWEEN A SERIOUS THREAT AND A REGULAR THREAT? THERE'S ACTUALLY A PUBLICATION FROM THE DEPARTMENT OF HOMELAND SECURITY ON WHAT THAT IS. WOULD IT BE SPECIFICALLY THREATS OF VIOLENCE AS OPPOSED TO JUST. WELL, THE SUPREME COURT DEFINES IT AS SERIOUS THREATS. OKAY.

WHICH IS A FACT FINDING MISSION THEN. RIGHT. SO, I MEAN, THAT'S MY SUGGESTION WAS JUST POTENTIAL THREATS OF VIOLENCE. IF WE WANTED SOMETHING CLEAR, IF YOU WANT TO GO AND PULL THE GUIDANCE FROM THE SUPREME COURT AND QUOTE THAT DIRECTLY, WE COULD DO THAT. I'M TRYING TO COME UP WITH A WAY TO MAKE IT CLEAR TO YOUR AVERAGE READER, TO WHAT ABOUT WHEN WHAT'S WHAT'S IT'S DIRECTED ON CITIZENS COMMENT. AND STICKING WITH THAT, IT'S LIKE IT HAS TO BE REFERENCING YOUR, YOUR PUBLIC COMMENT HAS TO BE REFERENCING THE AGENDA ITEM OR ANY CITY BUSINESS. BECAUSE IF WE GO OFF. YEAH, I KNOW, BUT IF WE GO OFF TO WHERE, YOU KNOW, YOU KNOW, WE, WE DO THIS HAVE, WE DO HAVE THE EXPRESSION OF FREEDOM OF SPEECH AND SO FORTH, BUT HOLDING, HOLDING IT TO WHERE, YOU KNOW, STAYING ON TASK AS FAR AS, AS THE ACTUAL AGENDA ITEMS OR THE POLICIES OR THE, BECAUSE PUBLIC COMMENT TO ME SOMETIMES IS ONLY THREE IS BASED OFF OF THREE THINGS. IT'S GOING TO BE A COMPLAINT, A GRIEVANCE OR CONCERN OR CONCERN, GRIEVANCE OR COMPLAINT. AND THAT'S USUALLY WHAT PUBLIC COMMENTS USUALLY REFRAINED ON.

AND THEY HAVE A RIGHT TO, TO, TO, TO VIEW ALL THAT. BUT I GUESS IF WE'RE TALKING ABOUT THE RULES OF COUNCIL FOR OURSELVES, WHICH WE'RE TRYING TO DO, WHICH WE'RE DOING LOOKS LIKE. WE, WE JUST GOT TO BE SPECIFIC OF LIKE, OF COURSE, OBVIOUSLY WE'RE NOT THREATENING EACH OTHER. WE ARE NOT TO WE ARE TRYING TO BE AS PROFESSIONAL AS POSSIBLE AS MUCH AS WE CAN. I KNOW A LOT OF AGENDA ITEMS IN THE PAST HAVE GOTTEN VERY PERSONAL AND JUST WITH ME TOO AS WELL. THROUGH THE YEARS I'VE GOTTEN PERSONAL, BUT IT'S JUST A MATTER OF

[04:00:03]

SO IF I GET THIS CORRECT, THE LANGUAGE THAT YOU WANT TO REMOVE IS PERSONAL ATTACKS. WAS IT DISCUSSION OF PERSONNEL? NO. THE USE OF PROFANITY. SO YOU WANT TO ALLOW CITIZEN COMMENT TO ENGAGE IN PERSONAL ATTACKS AND THE USE OF PROFANITY. YEAH. WELL SO SO NO, BUT SO BECAUSE THIS PROHIBITS IT. SO BY REMOVING THIS, YOU WANT TO ALLOW PARTICIPANTS DURING CITIZEN COMMENT TO ENGAGE IN PERSONAL ATTACKS ON THE USE OF PROFANITY. WELL, IF YOU'RE IF YOU'RE QUOTING SOMEBODY, YES, I DO WANT TO THE USE OF PROFANITY IS LEGALLY ALLOWED. AND SO, FOR EXAMPLE, IF I AM, WHEN I READ SOMEONE'S COMMENT ON TIKTOK OR FACEBOOK, I CAN'T REMEMBER WHAT IT WAS THAT IS LEGALLY ALLOWED. CORRECT. CALIFORNIA. I'M SORRY. COHEN V CALIFORNIA. YEAH, THAT'S THAT'S ACTUALLY THE GENTLEMAN WAS WEARING A JACKET. SO DO I WANT THEM TO DO IT? NO, I DON'T WANT THEM TO DO IT. AND I HOPE THEY DON'T. BUT I ALSO KNOW THAT THEY CAN LEGALLY DO THAT. AND I THINK THEY HAVE A CERTAIN POINT TO WHERE IT GETS AGGRESSIVE, RIGHT? I MEAN, THERE IS SUCH A THING AS DISORDERLY CONDUCT. AND SO THERE IS THERE'S A LINE AND THAT'S DEFINED IN THE PENAL. YEAH. AND CAN WE PUT THAT IN THERE TOO? LIKE JUST, YOU KNOW, CLARIFY IT BECAUSE I GUESS IF YOU JUST LOOKED AT IT LIKE, YEAH, ANYBODY CAN COME UP HERE AND JUST USE ANY PROFANITY, BUT I DON'T THINK THAT'S WHAT WE REALLY WANT TO ENCOURAGE. I DON'T THINK WE WANT TO ENCOURAGE PROFANITY. BUT THERE IS A FINE LINE ON PROHIBITING PROFANITY THAT I UNDERSTAND. CORRECT? YEAH. AND THERE ALSO IS A PART ALREADY ABOUT DISORDERLY CONDUCT IN THERE. SO THEN SO THEN HOW DO WE FIND THAT MIDDLE GROUND WHERE WE'RE NOT ENCOURAGING THE USE OF PROFANITY, BUT ALSO NOT NECESSARILY OVERSTEPPING BECAUSE THAT I THINK WE CAN'T JUST HAVE LIKE A FREE FOR ALL THAT, YOU KNOW, DISORDERLY CONDUCT IS, YOU KNOW, PRETTY LOOSE. AND SO I WOULD LIKE TO BE ABLE TO FIND A MIDDLE GROUND BETWEEN THAT. SO BACK IN JUNE, JULY, I HAD PROPOSED SOME LANGUAGE ON THIS SPECIFIC PROVISION. I'M HAPPY TO PUT THAT BACK TOGETHER AND SHOW IT TO YOU ALL AND SEND IT OUT.

THAT'D BE GREAT. YEAH. BECAUSE AGAIN, I MEAN, I THINK, I THINK IF WE HAD SOMETHING IN HERE THAT SAYS YOU CAN USE PROFANITY, THAT'S ENCOURAGING IT. BUT BY TAKING IT OUT, PROBABLY, I CAN PROMISE YOU NO ONE THAT'S COME UP TO TO SPEAK AT CITIZENS COMMENTS HAVE READ THESE RULES, BUT IT WILL BE NICE TO LIKE, HAVE IT IN THERE AND THEN AND THEN IF I HAVE TO USE IT, THEN THAT'S WHAT IT IS. BUT THE USE OF PROFANITY, LIKE YOU SAID, IS, IS ALLOWABLE. PERSONAL TAX IS ALLOWABLE. BUT JUST FOR THE RECORD, I DON'T REALLY WANT IT. I MEAN, THERE'S THERE ARE LINES ON WHAT CAN AND CAN'T BE PROHIBITED IN PUBLIC COMMENT, AND I'M HAPPY TO DISCUSS THOSE.

IT MIGHT BE A GOOD CONVERSATION TO HAVE IN EXECUTIVE SESSION AT SOME POINT, OR WE CAN LOOK AT IT. BUT THERE THERE ARE SOME FIRST AMENDMENT LINES IN THERE TO LOOK AT. ARE WE ALLOWED TO HAVE ANYTHING THAT KIND OF DISCUSSES, OR AT LEAST EXPLICITLY STATES THAT IT'S LIKE, YOU CAN'T GO BEYOND LIKE WHO REPORTS TO COUNCIL, IF THAT MAKES SENSE, LIKE PERSONNEL THAT REPORTS TO COUNCIL. SO THAT WAS WHAT WAS THE MAYOR'S PROPOSAL INCLUDING, BUT UNDER STATE LAW, JUST FOR CLARITY, WE ARE REQUIRED TO ALLOW PUBLIC COMMENT PRIOR TO THE DISCUSSION OF ANY AGENDA ITEM. TECHNICALLY, UNDER STATE LAW, THE ONLY THING THAT WE ARE REQUIRED TO ALLOW IS COMMENTS ON ANY ITEM ON THE AGENDA WE HAVE CHOSEN IN THIS CITY, HISTORICALLY TO ALLOW COMMENT ON ANY MATTER RELATED TO CITY BUSINESS, BUT THAT IS NOT REQUIRED UNDER STATE LAW.

IF WE WANTED TO CHANGE THE RULES, WE COULD. I WOULD NEVER DO THAT. YEAH, I'M NOT GOING TO DO THAT BECAUSE IF SOMEBODY HAS AN ISSUE WITH THEIR YARD OR SOMEBODY HAS AN ISSUE ELSEWHERE, THEY SHOULD BE ABLE TO COME UP AND SPEAK TO US. I RESPECT THAT, I JUST WANT TO MAKE SURE, YOU KNOW, THE LIMITS OF THE LAW. YEAH. CAN WE ADDRESS THE TIME LIMITS AS WELL? BECAUSE TEXAS OPEN MEETING ACTS, I BELIEVE WAS CHANGED TO WHERE YOU'RE SUPPOSED TO HAVE A REASONABLE AMOUNT OF SPEAKING TIME PER AGENDA ITEM. I BELIEVE WHAT IT SAYS IS REASONABLE TIME. SO IT IS UP TO COUNCIL TO DECIDE WHAT REASONABLE TIME IS. THERE ARE A LOT OF WAYS TO TO CUT THAT.

DIFFERENT CITIES DO IT DIFFERENT WAYS. AND I'M HAPPY TO DISCUSS DIFFERENT. YEAH, THE LAWSUIT IN AUSTIN WAS REASONABLE TIME PER AGENDA ITEM. RIGHT. AND IT DEPENDS ON YOUR INDIVIDUAL CIRCUMSTANCES. THERE'S SOME THERE'S SOME GUIDANCE IN THE OPEN MEETINGS HANDBOOK ABOUT, YOU KNOW, DEPENDING ON THE NUMBER OF ITEMS ON THE AGENDA, IT MIGHT BE A REASONABLE TIME LIMIT OF WHATEVER TIME IT IS THAT THE COUNCIL DECIDES. LIKE I SAID,

[04:05:04]

THEY'RE LIKE, HEY, THANKS FOR RESPONDING. AND I WAS LIKE, THAT'S AWESOME BECAUSE IT'S AN OUT OF OFFICE. HOW WOULD TRACKING OR ENFORCEMENT OF THAT WORK? I MEAN, I GUESS IF SOMEBODY WERE TO COMPLAIN AND THEN WHAT WOULD HAPPEN? I MEAN, THAT'S FOR US TO DECIDE, RIGHT? SO LIKE, IF I MEAN, IT DOESN'T HAVE TO BE THAT YOU TALK TO THEM. IT DOESN'T HAVE TO BE YOU MEET WITH THEM. IT JUST MEANS THAT YOU ACKNOWLEDGE THEM. AND THEN OFTENTIMES YOU CAN SAY, I'M GOING TO LOOP IN OUR CITY MANAGER AND HE CAN ASSIST YOU WITH THE REST. SO IT DOESN'T HAVE TO BE ABOUT LIKE CONSTANT CONVERSATION. BUT IF IF YOU WANT TO SEND THEM TO SOMEBODY ELSE, I THINK I FEEL UNCOMFORTABLE WITH HAVING THAT BECAUSE LIKE, FOR EXAMPLE, AFTER THAT DECEMBER MEETING WHERE THE MAN THREATENED TO CRUSH MY SKULL OR SAID HE WANTED TO, HE SENT A FOLLOW UP EMAIL ON TOP OF THAT. THAT WAS PRETTY EXPLICIT AND GRAPHIC AS WELL. I DO NOT WANT TO BE FORCED TO RESPOND TO SOMETHING LIKE THAT. CAN YOU DID YOU GIVE THAT TO CHIEF? YEAH. SO THE FORMER MAYOR HAD LOOPED IN CHIEF AND WHATNOT. SO YES, IT WAS. SO THAT TO ME IS A RESPONSE. WELL, BUT THAT WOULDN'T HAVE BEEN CLEAR. THAT WOULDN'T HAVE BEEN MADE CLEAR. AND AND I JUST I DON'T WANT TO SET FORTH LIKE 3 TO 5 DAY TIMELINE. THERE ARE JUST AND I'M NOT SURE WHAT TYPE OF EMAILS THAT YOU GET, BUT THERE ARE AN EXTENSIVE NUMBER OF EMAILS THAT I GET THAT LIKE, I AM NOT GOING TO RESPOND TO.

IT'S ONLY BECAUSE THEY ARE SPECIFICALLY ABOUT LIKE JUST CONTINUOUSLY THE SAME THING.

LIKE YOU SUPPORT ILLEGALS. I'M DEMANDING THAT YOU DENOUNCE ILLEGALS AND WHATNOT. I'M SORRY,

[04:10:01]

I KNOW IT'S, YOU KNOW, IT'S NOT IN MY DISTRICT. IT'S NOT ASKING ME SPECIFICALLY FOR INFORMATION OR, OR ASSISTANCE. I THINK THAT'S PROBLEMATIC IF WE HAVE TO RESPOND TO ALL OF THOSE, ALL, ALL SEVEN OF US HAVE TO RESPOND. I THINK IT'S CONFUSING. I THINK WE COULD DEFINITELY PUT LIMITS, RIGHT? LIKE IF IT'S IF IT'S A DISTRICT, YOU GIVE IT TO THE DISTRICT PERSON. I'M GOING TO BE REAL HONEST. I DON'T UNDERSTAND WHAT IT LOOKS LIKE NOT TO ANSWER YOUR EMAILS. I'VE ANSWERED PROBABLY 4 OR 5 OF THE SAME EXACT EMAILS THAT HAD TO DO WITH AGENDA ITEM FOR TODAY, AND I MADE IT A POINT TO ANSWER EVERY SINGLE ONE OF THEM. AND SO THAT'S NOT EVERYBODY. AND I GET IT. IT'S NOT FOR EVERYBODY, BUT I'M GOING TO BRING THIS DUTY TO RESPOND UP BECAUSE I FEEL LIKE AS ELECTED OFFICIALS, WE DO HAVE A DUTY TO RESPOND. AND IF THEY'RE IN YOUR DISTRICT, IF THEY'RE NOT IN YOUR DISTRICT, THAT'S UNDERSTANDABLE. I DON'T THINK IT'S REASONABLE FOR PEOPLE TO RESPOND TO OTHER PEOPLE THAT'S NOT IN THEIR DISTRICT. I'LL PREFACE WITH THE FACT WHEN I WAS DISTRICT TWO, I HELPED PEOPLE IN PLUM CREEK ALL THE TIME. WELL, I HAVE I MEAN, I'VE RESPONDED TO ALL MINE, BUT I CAN. BUT ON THOSE GENERAL ONES THAT YOU KNOW, TO ALL SEVEN OF US, IF I DON'T HAVE INFORMATION, IF IT'S NOT RELEVANT TO MY DISTRICT, YOU KNOW, I WANT TO RESERVE THE RIGHT TO NOT BE THE ONE RESPONDING TO THAT. OH, I UNDERSTAND, AND AGAIN, WE CAN LIMIT IT TO PEOPLE IN YOUR DISTRICT, BUT WE HAVE FOUR PEOPLE WHO ARE CITYWIDE. AND SO FOR NO ONE TO RESPOND, THAT WOULD BE DISHEARTENING TO PEOPLE WHO DO REACH OUT. AND SO IF YOU LOOK, IF YOU GUYS ARE NOT INTERESTED IN IN HAVING A DUTY TO RESPOND, THAT I UNDERSTAND THAT WE CAN NOT RESPOND TO PEOPLE. I GUESS MY CONCERN WITH THE WHOLE SENDING TO THE WHOLE COUNCIL FEEDBACK EMAIL IS IT'S JUST LIKE AT MY JOB PERSONALLY, IF WE ASSUME SOMEONE IS GOING TO TAKE CARE OF IT AND IT'S TASKED TO ALL OF US AND WE SAY, OH, THAT'S NOT MY ISSUE. SO ONCE I WAS GOING TO TAKE CARE OF IT, THEN THE OTHER PERSON'S LIKE, OH, THAT'S NOT MY ISSUE. SO AND SO IS GOING TO TAKE CARE OF IT, THEN NOBODY TAKES CARE OF IT. SO IF WE'RE NOT WILLING TO RESPOND BECAUSE WE DON'T HAVE THAT KNOWLEDGE OF DISTRICT FOUR. DISTRICT SIX, THEN WE COULD EITHER REPLY TO THAT RESIDENT AND SAY, I WOULD BE HAPPY TO HELP YOU. I JUST DON'T HAVE THAT INFORMATION. COPY AND THE CITY MANAGER AND THEN YOU'VE DONE YOUR DUE DILIGENCE. YOU'VE AT LEAST RESPONDED AND LET THEM KNOW YOU DON'T HAVE THE INFORMATION OR CAN'T HELP THEM. AND THEN HOPEFULLY THAT CITY MANAGER ADDRESSES SOMEONE WHO DOES HAVE THE INFORMATION AND THAT RESIDENT AT LEAST GETS ANSWERED AND NOT IGNORED BY SEVEN PEOPLE. I THINK THE OTHER ISSUE ARISES IS IF WE ALL RESPOND, YEAH, AND WE ALL HAVE DIFFERENT VARYING LEVELS OF INFORMATION TO PROVIDE THAT PERSON. I FEEL LIKE MOST OF THE TIME THAT'S WHAT HAPPENS MORE OFTEN THAN SOMEONE JUST NOT RECEIVING A RESPONSE. RIGHT. WELL, AS SOMEBODY WHO ANSWERS ALL THE EMAILS, I CAN TELL YOU THAT IS NOT A FACT. IT'S NOT A STATED FACT. THERE ARE PEOPLE WHO ARE LIKE, WHAT DO I DO IF THEY DON'T RESPOND? THEY HAVEN'T RESPONDED, THEY HAVEN'T RESPONDED. AND I'M LIKE, I DON'T KNOW WHAT TO TELL YOU. AND SO NOW IS THE TIME FOR US TO TALK ABOUT THAT. HOW DO WE WANT IT TO LOOK? IF SOMEONE CAME TO COUNCILMEMBER ZAPATA AND SAID, I'VE WRITTEN THE MAYOR EIGHT TIMES AND SHE'S NEVER WROTE ME BACK, WHAT DO LIKE, WHAT DO YOU TELL THEM? HOW CAN I HELP YOU? WHAT IF THEY DON'T WANT MY HELP? NO, I'M SAYING, HOW CAN I WOULD SAY, HOW CAN I HELP YOU? LIKE I WOULD SAY, WHAT IF THEY'RE LIKE, AND IT'S NOT YOU THAT I WANT TO TALK TO. I WANT TO TALK TO THEM. I MEAN, I DON'T THINK I'M ABLE TO LIKE, ACTUALLY FORCE YOU TO LIKE, PHYSICALLY TALK TO SOMEONE. SO, OKAY, WE REALLY CAN'T COMPEL EACH OTHER TO, TO DO ANY SPECIFIC ACTIVITY. IF WE MAKE A RULE SAYING THAT YOU JUST HAVE TO RESPOND TO AN EMAIL THAT'S PERSONALLY TO YOU, NOT TO THE COUNCIL, THAT'S NOT THREATENING THAT SOMEONE'S REACHED OUT TO YOU THREE TIMES. IT SHOULDN'T BE UNREALISTIC TO BE LIKE, OH, YOU KNOW WHAT? I DON'T HAVE TO ANSWER THAT. I SERVED WITH THE COUNCIL MEMBER WHO PROBABLY DIDN'T RESPOND TO ANYBODY. AND THAT, TO ME IS A SMACK IN THE FACE TO SERVICE. BUT IF YOU GUYS ARE NOT

[04:15:04]

THANK YOU. I DO NOT KNOW HOW EVERYBODY ELSE FEELS ABOUT THIS. IT'S ALREADY ALLOWED, BUT IT DOESN'T HAVE ANY CLEAR INTENTION. THERE IS. WE'RE ALLOWED TO CENSOR UNDER DECORUM RULES. IT'S VAGUE AND TIED MOSTLY TO BEHAVIOR DURING MEETINGS, BUT WE COULD EXPAND IT TO INCLUDE, YOU KNOW, REPEATED FAILURE TO PERFORM DUTIES, PATTERNS THAT UNDERMINE PUBLIC TRUST AND CHRONIC NON-RESPONSIVENESS. BUT IF WE DO THAT, WE WOULD HAVE TO DEFINE A CLEAR PROCESS SECTION. IS THAT. MAYOR? LET ME FIGURE IT OUT. SORRY. DECORUM WAS UNDER G. ARE WE BACK UP THERE? MAYBE. SORRY. I HAVE LIKE THREE PIECES OF PAPER. WE'RE TALKING ABOUT SENSOR. SENSOR C, DECORUM NUMBER THREE. SO G THREE. OKAY, SO AGAIN IT'S IN THE RULES. HOW DO WE WANT THAT TO LOOK. CAN YOU REPEAT IT NOW THAT I'M ABLE TO SEE IT. OH TO REPEAT WHAT.

OH THE. YES. OKAY. WE COULD EXPAND IT TO INCLUDE REPEATED FAILURE TO PERFORM DUTIES, CHRONIC NON RESPONSIVENESS PATTERNS THAT UNDERMINE PUBLIC TRUST. ALL THIS WE CAN DO IF WE HAVE A CLEAR PROCESS. BECAUSE RIGHT NOW WE DO NOT HAVE A CLEAR PROCESS. AND SO WITHOUT IT I DON'T IT'S NOT GOING TO GET USED. I ALSO DON'T THINK WE WOULD BE ABLE TO AGREE ON ANY DEFINITIONS OF THAT, BECAUSE WE WOULD HAVE TO COME UP WITH HOW DO WE DEFINE EACH OF THOSE THINGS? LIKE WHAT DOES WHAT WAS SOME OF IT LIKE, YOU KNOW, WE WOULD HAVE TO AGREE. WHAT DO THOSE PHRASES MEAN? WHAT'S THE TRIGGER FOR IT? I MEAN, I HAVE A COUPLE IDEAS WHAT WOULD TRIGGER IT, BUT I DON'T THINK THAT IT WOULD HAVE A. ENOUGH SUPPORT. SO I GUESS WE COULD JUST BRING THIS BACK WHENEVER COUNCIL MEMBER TOBIAS IS. AND WE CAN TALK ABOUT THAT AGAIN.

ARE YOU GOOD WITH THE RED LINES THAT WE HAVE CURRENTLY. AND THEN WE CAN BRING IT BACK AND THEN PROVIDE ME THE THE DOCUMENTS YOU HAVE, MAYOR, THAT WOULD HELP. YES. I'LL PUT A NOTE ON THE CENSURE PROVISION THAT THE MAYOR HAS REQUESTED CHANGES TO THIS THAT COULD BE DISCUSSED LATER. PERFECT. CAN CAN I GET THOSE SHARED WITH ME AS WELL? I THINK WE PROBABLY ALL OF US SHOULD. YEAH. I'D LIKE AN OPPORTUNITY TO, TO KIND OF MULL THINGS OVER AND THINK ABOUT ANY, ANY SCENARIOS THAT, YOU KNOW, JUST HAVING A LITTLE BIT MORE TIME TO THINK ABOUT THEM SO THAT WE DON'T HAVE ANY UNINTENDED CONSEQUENCES THAT RESULT FROM, FROM ANY OF THESE CHANGES. I, AS OF RIGHT NOW, I'VE GOT NO ISSUES WITH ANY OF THEM, BUT I DID LIKE A LITTLE BIT MORE, MORE TIME TO KIND OF READ THROUGH THEM AND THINK THINGS THROUGH. YOU BET. AND I HOPE WHEN WE BRING IT BACK THAT THERE'S MORE PARTICIPATION IN THIS. AND IF WE CAN'T, I DON'T THINK IT'S A GOOD IDEA TO LAY STAGNANT ON THESE RULES. THESE ARE OUR RULES. I WOULD LIKE TO KNOW WHAT COUNCIL MEMBER MCKINNEY WOULD LIKE TO SEE FROM ME AS AS FAR AS BEING A MAYOR, I KNOW COUNCIL MEMBER ZAPATA WANTS ME TO BE MORE OUTGOING AND WANTS ME TO MAKE SURE THAT, YOU KNOW, SHE FEELS SAFE HERE. SO I DON'T UNDERSTAND WHY WE'RE NOT HAVING THESE CONVERSATIONS, BECAUSE THEY WERE HAD AT THE LAST MEETING. WELL, AM I ALLOWED TO TALK ABOUT WHAT I WANT NOW? WELL, THAT'S WHAT I'M SAYING. YEAH, WELL, I WAS JUST LETTING ME GET THROUGH YOURS, BUT I THINK MAYBE OTHERS HAVE IDEAS TOO. BUT I JUST WANTED YOU TO GET THROUGH YOURS FIRST.

SO. IS THAT GOOD? OKAY. I THINK FIRST IS SECTION B TWO, SECOND PARAGRAPH ABOUT IF AN ITEM

[04:20:09]

SO THAT WAY IT JUST ALIGNS WITH WHAT WE NORMALLY DO. THERE ARE A COUPLE NOW THAT I'M THINKING ABOUT IT, THERE ARE A COUPLE PROCEDURAL RULES THAT I HAD MARKED TOO THAT WERE LIKE, WE DON'T REALLY FOLLOW THIS OR IS THIS HOW WE WANT TO DO IT? SO I'LL JUST ADD THEM. YEAH, I'LL SEND THOSE OUT AS WELL. OKAY, OKAY. I DON'T NECESSARILY KNOW HOW WE WANT TO DO IT, BUT I KNOW THAT WE DON'T DO IT THE WAY IT'S WRITTEN IN THERE. AT LEAST WE HAVEN'T GENERALLY.

YEAH. LIKE IF, IF WE'VE BEEN DOING SOMETHING A CERTAIN WAY AND IT WORKS FOR EVERYBODY, I JUST RATHER UPDATE THE RULES OF COUNCIL TO FOLLOW WHAT WE NATURALLY DO. YEAH. SO I THINK THE OTHER PART THAT I'M TRYING TO FIGURE OUT, AND MAYBE THIS WAS ALREADY TALKED ABOUT AND MAYBE SOLVED FOR IN WHAT THE MAYOR HAD BROUGHT UP. BUT WHAT I THINK I'M, I'M TRYING TO FIGURE OUT HOW TO DO IS. CREATE SOMETHING THAT REDIRECTS OR SOMEHOW IS ABLE TO REDIRECT, LIKE PERSONAL ATTACKS, LIKE AT STAFF, FOR EXAMPLE. SO LIKE I'M THINKING ABOUT LIKE THE INCIDENT OF LIKE A CITIZEN GRABBING JESSE'S ARM. LIKE AS WE WERE WALKING BACK INTO EXECUTIVE, LIKE TO ME, I WAS LIKE, OH, DON'T, DON'T, DON'T TOUCH ANYBODY. AND THERE WAS A COUPLE OF INCIDENTS WHERE LIKE, THEY, INSTEAD OF ADDRESSING COUNCIL DIRECTLY, LIKE THEY WERE YELLING LIKE AT BRIAN, LIKE QUITE LITERALLY, LIKE TURNED TOWARDS HIM AND FACED HIM. SO I DON'T KNOW IF THERE'S A WAY THAT WE CAN ENSURE THAT IT'S LIKE AT LEAST LIKE DIRECTED TOWARDS US. I THINK THAT'S ALLOWED THOUGH THE CURRENT RULES OF COUNCIL PROVIDE THAT. COMMENTS WILL BE DIRECTED AT THE MAYOR AND COUNCIL AT THE BODY. SO IF

[04:25:04]

I WANT TO MAKE THAT VERY CLEAR. I'M WILLING TO UNDERSTAND MY PLACE. AND I KNOW THAT'S WHY.

THAT'S WHY I'M TELLING I'M WILLING TO HAVE THE SAME AMOUNT OF EVERYTHING AS EVERYBODY ELSE.

BUT AS A MAYOR, YOU ARE THE PRESIDING OFFICER OF THE MEETING. SO YES. AND SO IT'S YOUR JOB TO ENFORCE THE RULES OF COUNCIL, RIGHT? IT IS. AND I'M NOT GOING TO ARGUE ABOUT WHETHER OR NOT YOU FEEL LIKE I THERE WAS SOMETHING THAT I NEEDED TO ENFORCE, BUT. I FEEL LIKE I DID MY DUTIES. AND SO I DON'T WANT TO BE FELT LIKE IF I DON'T DO X, Y, Z, THEN SOMEBODY ELSE IS GOING TO TAKE OVER. THAT'S NOT APPROPRIATE. I MEAN, THAT'S NOT WHAT I STATED. IT'S NOT THAT THEY WOULDN'T TAKE OVER. IT'S JUST THAT IT WOULD BE BROUGHT UP AND THEN COUNCIL WOULD HAVE TO VOTE ON. SO AS AS THE PRESIDER OF THIS MEETING, I DO NOT WANT SOMEONE TO TELL ME THAT I'M DOING SOMETHING WRONG WHEN I FEEL LIKE I'M DOING SOMETHING FINE. NOW, IF YOU WANT TO CALL A POINT OF ORDER AND WE WANT TO TAKE IT UP AS A COUNCIL, I'M OKAY WITH THAT.

AND THAT'S ALREADY ALLOWED. IT MIGHT BE SOMETHING WE COULD MAKE A LITTLE BIT MORE CLEAR IN THE POINT OF ORDER PROCESS, GET TO KIND OF A MIDDLE GROUND. WELL, AND THAT THAT'S AN EXCELLENT POINT BECAUSE IT TOOK I MEAN, WE'RE TALKING ABOUT THESE RULES LIKE WE'RE PROFESSIONALS. I REMEMBER WHEN NOBODY EVEN KNEW WHAT A POINT OF ORDER WAS. SO I THINK WE ARE WAY MORE ADVANCED THAN THE COUNCILS PRIOR TO, AND WE'RE ONLY GOING TO GET BETTER. SO MIDDLE GROUND, I GUESS I'M UNCLEAR AS OPPOSED TO A SEPARATE RULE. MAYBE IT'S SOMETHING WE CAN HANDLE. ON THE POINT OF ORDER. WHAT I WOULD SUGGEST, COUNCIL MEMBER, IS PROVIDE THE LANGUAGE. I THINK WHAT I'M GOING TO DO IS PUT TOGETHER BASICALLY EVERYBODY'S COMMENTS THAT I'VE RECEIVED, AS WELL AS COMMENTS THAT I HAVE, AND BRING IT BACK. OKAY, I'M NOT QUITE GETTING A MAJORITY ON SOME OF THESE. AND IT'S HARD TO ESPECIALLY WITH WITH MEMBERS NOT ON THE MEETING, IT'S HARD TO TELL WHAT IS AND IS NOT GOING TO BE VOTED TO BE ADDED IN. LET ME SEE. GO OVER. I THINK IT'S UNDER THE CENSURE PROCESS. I THINK I AGREE THAT WE DON'T HAVE ONE LIKE IT'S NOT OUTLINED. AND I THINK JUST HAVING A PROCESS DEFINED WOULD BE HELPFUL BECAUSE RIGHT NOW WE JUST KIND OF SAY SAID MEMBER, MAYBE SUBJECT TO CENSURE OR

[04:30:01]

LIKE, I'M NOT SAYING IT HAS TO BE ONE SPECIFIC WAY OR ANOTHER. DIFFERENT EXAMPLES ARE LIKE AUSTIN FORMAL CENSURE PROCESS WITH TWO THIRDS MAJORITY AND DEFINED BEHAVIORAL TRIGGERS.

SAN ANTONIO HAS CENSURE CODIFIED WITH SPECIFIC TRIGGERS, INCLUDING UNAUTHORIZED STAFF DIRECTION, AND ROUND ROCK HAS CENSURED BY MAJORITY VOTE. PRESIDING OFFICER DISQUALIFIED WHEN THEY ARE THE SUBJECT. SO LIKE I SAID, I'M NOT MARRIED TO A PROCESS, BUT I THINK IT WOULD BE GOOD FOR US TO JUST DEFINE IT. I AGREE WE SHOULD BRING SOME OPTIONS. YEAH, AND I THINK SAN ANTONIO JUST WENT THROUGH THAT WHOLE PROCESS. SO THAT MIGHT BE A GOOD PLACE TO LOOK.

THE OTHER PART IS SECTION A TWO AND IT'S ABOUT SPECIAL MEETINGS. SPECIAL MEETINGS ARE SUBJECT TO CALL BY THE MAYOR OR CITY MANAGER. HOWEVER, THIS DOESN'T GIVE COUNCIL MEMBERS AN INDEPENDENT PATH TO CALL A SPECIAL MEETING IF NEEDED. SO I THINK IT WOULD BE GOOD FOR US TO MAYBE DISCUSS SOME OPTIONS ON LIKE, WHETHER THERE COULD BE LIKE A SUPERMAJORITY OF COUNCIL MEMBERS WHO AGREE TO HAVE A SPECIAL MEETING ON SOMETHING TO BE ABLE TO TRIGGER THAT. SO THAT WAY, IT'S NOT NECESSARILY DISCRETIONARY, LIKE UP TO THE MAYOR OR CITY MANAGER SEND THE CHARTER. I DON'T THINK IT IS. THERE'S SOME THERE'S SOME INTERESTING WAYS TO DEAL WITH THE SPECIAL CALLED MEETING ONE. ONE ISSUE IS OBVIOUSLY, IF IT'S LIKE A REAL URGENT ISSUE, YOU CAN'T HAVE A MEETING TO CALL THE SPECIAL MEETING. SO WE WOULD NEED TO HAVE SOME SORT OF PROCESS WHERE LESS THAN A QUORUM COULD PRESENT, COULD BRING SOMETHING FORWARD. OR WE COULD PUT LEANDER, GEORGETOWN AND PFLUGERVILLE ALL HAVE OPTIONS FOR THIS. AND LIKE ONCE AGAIN, NOT MARRIED TO A CERTAIN OPTION, BUT I JUST THINK IT WOULD BE HELPFUL TO BE ABLE TO HAVE THAT A LITTLE BIT MORE OF A DEMOCRATIC PROCESS. YEAH. I MEAN, WE COULD PUT TOGETHER A PROCESS MAYBE WHERE YOU PUT AN ITEM ON AN AGENDA TO CALL A SPECIAL MEETING OR MAYBE HAVE A SEPARATE PROCESS. IF IT'S SOMETHING THAT YOU WANT TO DISCUSS URGENTLY, WE CAN LOOK AT OPTIONS. OKAY. I THINK RIGHT NOW, THAT'S ALL I GOT. COUNCILMEMBER HARRIS, THERE ARE A COUPLE THINGS I'D LIKE TO SEE ADDRESSED. ONE IS CITIZENS COMMENT PERIOD. I WE HAVE NOT BEEN TAKING COMMENTS GENERALLY AT THE 6:00 TIME, THOUGH I DON'T HAVE A PROBLEM WITH THAT.

BUT WHAT I AM CONCERNED WITH IS THAT PEOPLE COMMENT AT 6:00 AND THEY'RE GIVING THE EXACT SAME TESTIMONY AT 7:00, YOU KNOW, AT 6:00. IF THEY'RE COMING IN, THERE'S SOMETHING ON THE AGENDA THAT THEY WANT TO COMMENT ON PRIOR TO THAT. I UNDERSTAND THAT. BUT IF THEY'RE JUST USING THAT AS AN EXCUSE TO SAY THE SAME THING TWICE, I THINK THAT THAT IS NOT APPROPRIATE. I HAVE A COUPLE OF SUGGESTIONS ON THAT. ONE OF THEM IS TO STOP HAVING SEPARATE MEETINGS, HAVE A MEETING THAT STARTS AT 6:00, HAVE A DESIGNATED PUBLIC COMMENT PERIOD FOR ITEMS NOT ON THE AGENDA, AND THEN ALLOW DISCUSSION OF ANY ITEMS CONSIDERED BEFORE THAT TIME PERIOD THROUGH PUBLIC COMMENTS, THROUGH SEPARATE PUBLIC COMMENT PERIOD. ANOTHER OPTION MIGHT BE TO SPECIFICALLY FOR THE 6:00 SPECIAL MEETING, LIMIT PUBLIC COMMENT TO ITEMS ON THAT AGENDA AND THEN HAVE THE OPEN DIALOG AT THE 7:00 MEETING. BOTH OF THOSE I BELIEVE, WOULD BE LEGAL UNDER STATE LAW. IT IS A COUNCIL DECISION. I KNOW THERE'S A LOT OF PEOPLE WHO WOULD BE KIND OF UPSET IF WE HAD OUR GENERAL COMMENT ONLY AT SIX BECAUSE OF WORK TIMES GETTING HERE FROM AUSTIN. SO I LIKE THE SECOND OPTION BETTER. IF WE WERE GOING TO DO THAT.

CITIZENS COMMENTS AT SEVEN, MY THOUGHT WOULD BE TO HAVE A SINGLE A SINGLE AGENDA THAT HAS A GENERAL PUBLIC COMMENT PERIOD AT 7 P.M. AND IT'S NOT ANNOUNCED AT TIME CERTAIN APPROXIMATELY 7 P.M. WHILE PUBLIC COMMENT WILL BE ON THE AGENDA THAT WAY. AND THEN ANY ITEMS THAT ARE IN THE EXECUTIVE SESSION THAT'S INTENDED TO BE AT THE 6:00 HOUR, WE COULD HAVE A SEPARATE PERIOD WHERE PEOPLE COULD COMMENT ON THOSE ITEMS BEFORE WE GO INTO EXEC, BUT IT WOULD BE LIMITED JUST TO THOSE ITEMS. THAT WOULD BE MY SUGGESTION. THAT MAKES SENSE.

WELL, WHAT IF SOMEBODY WANTS TO COME IN AT SIX BECAUSE THEY CAN'T BE HERE AT SEVEN AND THEY WANT TO TALK ABOUT SOMETHING ELSE? MAYBE THEY ASKED FOR ATTENTION. I THINK THAT'S ALWAYS AN OPTION. YEAH, I JUST MY BASIC CONCERN IS PEOPLE SAYING THE SAME THING AT SIX AND AT SEVEN, AND THEY'RE JUST USING THAT TIME AS A DOUBLE TIME FOR THEM. SO I'M NEVER GOING TO AGREE WITH THAT. BUT THAT'S I JUST FEEL LIKE IF PEOPLE ARE WE HAVE SOMEBODY THAT'S HERE THAT'S BEEN HERE TILL MIDNIGHT, LIKE PEOPLE AREN'T HERE FOR FUN. SO IF THEY'RE HERE AND THEY WANT TO SPEAK, I FEEL LIKE LET THEM SPEAK. BUT OR THE OTHER OPTION IS SOME CITIES HAVE RULES THAT SAY YOU CAN SPEAK ON ANY ITEM OR TOPIC ONLY ONCE. SO MAYBE

[04:35:04]

BUT AGAIN, IT'S TOTALLY A COUNCIL DECISION. AND WHAT DOES COMBINING INTO A SINGLE MEETING LOOK LIKE EXACTLY? SINCE THERE'S AN OPEN YES, WE WOULD HAVE A 6:00 MEETING THAT WOULD POST EXECUTIVE TO OCCUR AT 6:00. OTHER ITEMS TO OCCUR APPROXIMATELY 7:00 WITH THE PUBLIC COMMENT PERIOD RIGHT AROUND THAT TIME. IF COUNCIL WANTS TO HAVE TWO PUBLIC COMMENT PERIODS, THAT'S UP TO COUNCIL. BUT THE THOUGHT PROCESS BEING THAT WE HAVE ONE SET OF MINUTES, WE DO THE ROLL CALL. ONCE WE DO THE. WE DID THAT LAST WEEK. I THINK WE WE'VE JUST RECENTLY DONE IT. YEAH. THE WAY THE SPECIAL MEETING. YEAH. IT'S LIKE 6:00.

AND THEN SO INSTEAD OF. BUT IT IS KIND OF WEIRD. ONE POSTING. GOT IT. OKAY. AND IT PROHIBITS THE, YOU KNOW, ACCIDENTAL SITUATION WHERE WE HAVE SOMETHING POSTED ON ONE AND NOT THE OTHER OR SOMETHING WITH EXECUTIVE, BUT IT'S AGAIN, IT'S TOTALLY YOUR DECISION. THOSE ARE JUST THOUGHTS. ALL RIGHT. THE OTHER THERE'S ONE OTHER THING I'D LIKE TO ADDRESS FOR BEHAVIOR ON THE DAIS. I WOULD LIKE FOR US TO NOT BE TEXTING THE AUDIENCE OR OTHER MEMBERS OF THE PUBLIC WHILE WE ARE ON THE DAIS. THAT SHOULD BE TAKEN CARE OF BEFORE OR AFTER. YOU KNOW, I'VE WATCHED PEOPLE ON THE DAIS TEXTING PEOPLE IN THE AUDIENCE CLEARLY THAT THEY'RE TEXTING THAT PERSON IN THE AUDIENCE. IS THAT ILLEGAL? NO, IT'S RULES OF COUNCIL. WE CAN SAY NO. I'M JUST WONDERING BECAUSE IT MIGHT BE ILLEGAL. I JUST WANT TO MAKE SURE WE'RE NOT DOING ANYTHING. THE CITY OF AUSTIN GOT IN TROUBLE BECAUSE COUNCIL MEMBERS WERE TEXTING EACH OTHER. RIGHT? THAT IS INCREDIBLY PROBLEMATIC IF YOU WANT TO TALK TO EACH OTHER DURING A MEETING, YOU KNOW, SPEAK, RIGHT. BUT I DON'T BELIEVE THAT IT VIOLATES THE OPEN MEETINGS ACT TO TEXT A PERSON WHO IS NOT A COUNCIL MEMBER. I WOULD SAY THERE COULD BE A TRANSPARENCY ISSUE. I MEAN, DURING THE MEETING, YOU KNOW, I DON'T WANT TO PICK ON ONE OF YOU. SO I'M JUST GOING TO SAY COUNCIL MEMBER A IS TEXTING THIS RESIDENT HERE, AND NOW THIS RESIDENT HAS MORE INFORMATION. AND WHY COULDN'T THE COUNCIL MEMBER HAVE JUST SAID THAT FOR EVERYBODY TO HEAR? OH, USUALLY. SO I GET TEXTS AND USUALLY IT'S SOMEONE GIVING ADVICE OR SHARING THEIR OPINION. SO THAT'S AS OPPOSED TO SENT BY YOU. RIGHT. SO IF YOU'RE RIGHT, RIGHT. SOMEBODY SAYS, YEAH, SOMEBODY SAYS THIS IS MY OPINION. YOU SAY, I TOTALLY AGREE. THAT'S A GREAT OPINION. BUT THEN YOU DON'T SAY IT PUBLICLY. THEN YOU'RE SHARING YOUR OPINION WITH SOMEBODY WITHOUT SHARING IT WITH EVERYBODY ELSE. AND I THINK THAT'S SOMETHING THAT COUNCIL MEMBER HARRIS IS CONCERNED ABOUT. I GET THAT, BUT I DEFINITELY I GET MY TEXTS SO I CAN SHARE THEM. SO MY EMAILS AS WELL. CAN WE DO EMAILS TOO, OR IS WHILE YOU'RE ON THE DAIS, WHY WOULD YOU DO THAT? I HAVE MY EMAILS SET UP JUST JUST IN CASE SOMETHING LIKE EARLIER. I MEAN, WE SOMETIMES YOU TEXT BACK AND FORTH WITH STAFF OR WHATEVER. IF A RESIDENT WANTS TO WRITE ME IN THE MIDDLE OF THE MEETING AND BE LIKE, HEY, I DIDN'T, WHAT ABOUT THIS? OR DID YOU THINK ABOUT THAT? AND THEN I CAN ASK THE QUESTION IF IT COULD BE USED MALICIOUSLY. I UNDERSTAND THAT, BUT THAT'S I THINK I THINK THERE'S SOME RULES WE CAN PUT AROUND IT. I WILL SAY AS SITTING IN THIS POSITION, I HAVE TEXTED OR EMAILED THE MAYOR TO SAY, HEY, YOU MISSED THIS VOTE OR, HEY, YOU MISSED THIS ITEM OR DO YOU WANT TO DO THIS THIS TIME? THAT'S DIFFERENT. THAT IS NOT WHAT I'M TALKING ABOUT. SO BUT THERE'S A WAY TO PUT LIMITS ON IT SO THAT COMMUNICATIONS THAT NEED TO OCCUR COULD STILL OCCUR.

YEAH. WELL, I'M, I'LL BE HONEST, I SOMETIMES MY KIDS ARE HOME BY THEMSELVES. AND SO I'M TALKING TO MY KIDS WHILE I'M SITTING UP HERE. I THINK MISS CONNELLY, YOU KNOW, SHE UNDERSTOOD. SHE'S SHE'S WATCHING THE COUNCIL AND SHE SAID, YOU'RE NOT PAYING ATTENTION. I THINK IT'S OBVIOUS TO I MEAN, IF YOU'RE CONSTANTLY ON YOUR PHONE. BUT I MEAN, IF YOU'VE GOT KIDS AT HOME. THEN,

[04:40:03]

WE STARTED DOING IT DURING COVID AND IT HAS IT CONTINUED THERE, AT LEAST UNTIL I LEFT.

YEAH, LIKE I SAID, JUST AN IDEA. I HAD PEOPLE ASK ME ABOUT DOING ZOOM, LIKE SO THAT THEY DIDN'T, ESPECIALLY PEOPLE WHO ARE ELDERLY OR YEAH, MAYBE HAVE MOBILITY ISSUES. THAT WAS SOMETHING THAT WAS ASKED. SO I'M JUST GOING TO TOSS THAT OUT THERE. THAT ONE IS A MARCO QUESTION. I CAN'T TELL YOU WHETHER OR NOT WE CAN DO THAT. I KNOW SAN MARCOS DOES IT LIKE THEY'RE ABLE TO HAVE A PUBLIC COMMENT VIA ZOOM. YEAH, WE DID THAT IN CORPUS AS WELL. YEAH.

IT ALLOWS FOR ZOOM. YEAH. IT ALLOWS FOR INDIVIDUALS WHO AREN'T ABLE TO MAKE IT IN PERSON TO STILL BE ABLE TO PARTICIPATE. YEAH, THAT, THAT WOULD BE AN INTERESTING THING TO DO. I AM CONCERNED THAT PEOPLE WHO ARE ELDERLY OR HAVE DISABILITIES OR FOR SOME OTHER REASON CANNOT MAKE IT IN OR JUST HAVE KIDS. YEAH, HAVE KIDS THAT CAN'T MAKE IT HERE. SHOULD HAVE AN OPPORTUNITY TO SPEAK. CAN WE TALK ABOUT, CAN WE BRING THAT BACK ZOOM OPTION? A ZOOM ZOOM WOULD BE FANTASTIC TO TALK ABOUT. ALL RIGHT. AND THEN THE ONLY OTHER THING I HAD WAS, AND I THINK THIS IS STATE LAW, BUT I THINK IT MIGHT BE WORTHWHILE PUTTING INTO OUR RULES OF COUNCIL ON TIME FRAMING TO SUBMIT YOUR RECUSAL FORM AND, AND HAVING THAT WRITTEN INTO THE MINUTES, IF THAT EVENT HAPPENS. AGREED. OKAY, SO WE'LL COME BACK. WE'LL LOOK AT THE RED LINES. WILL YOU SEND US THE RED LINES IN ADVANCE? YES, MA'AM. OKAY. I APPRECIATE THAT.

OKAY. NOW ARE WE GOING BACK TO AGENDA ITEM TEN? I KNOW WE THOUGHT WE WERE DONE. MCKINNEY, DID YOU HAVE ANYTHING ELSE TO ADD? I HAD A COUPLE, BUT I DID NOT BRING THAT BINDER WITH ME ON THIS TRIP. SO IF I HAVE TO WAIT TILL NEXT YEAR, I CAN WAIT TILL NEXT YEAR. OH, NO, NO, WE'RE GOING TO BRING IT BACK ONLINE. SO YOU'RE GOOD. IF YOU WANT TO EMAIL ME, I CAN GO AHEAD AND PUT THEM IN. IF YOU JUST EMAIL THEM TO ME, OKAY, I CAN GET THOSE. ALL RIGHT. SO HOLD ON. SPEAKING OF EMAILS. BECAUSE WE'RE GONNA HEAD BACK INTO EXECUTIVE. AND SO. UTILITY BILLING ORDINANCE. I'M NOT DISCUSSING THAT. SORRY, I APOLOGIZE, I DIDN'T HAVE THIS UP. ALL RIGHT. THE CITY COUNCIL WILL NOW GO INTO EXECUTIVE SESSION TO DISCUSS LEGAL ISSUES

[X) Executive Session]

[04:45:13]

YES. AND THAT IS WHAT WILL BE I WILL BE VOTING ON. HERE. WOULD YOU LIKE TO MAKE A MOTION? I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER TEN. SECOND, I HAVE A MOTION MADE BY COUNCIL MEMBER MCKINNEY AND A SECOND BY COUNCIL MEMBER HARRIS. ALL IN FAVOR, SAY AYE. AYE.

OPPOSED? OPPOSED. OKAY. AGENDA ITEM PASSES SIX ZERO.

* This transcript was compiled from uncorrected Closed Captioning.