* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. ALL RIGHT. GOOD [00:00:01] EVENING. TODAY IS TUESDAY, [I) Call Meeting to Order, Roll Call, and Excuse Absences] JULY 7TH. THE TIME IS SEVEN O'CLOCK. I'D LIKE TO, UH, WELCOME EVERYBODY TO THIS REGULAR COUNCIL MEETING. UM, CAN I HAVE A ROLL CALL PLEASE? FLORES KALE? HERE. CHAS. I'M PRESENT. ROSA? HERE. MEDINA? HERE. ZAPATA? HERE. HARRIS. HERE. MCKINNEY HERE. ALL RIGHT. WE HAVE ALL SEVEN PRESENT. WE HAVE A QUORUM. IF, UH, I COULD PLEASE HAVE YOU STAND FOR THE PLEDGE. ADINA, THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INVIS MOVE, LIBERTY TO JUSTICE. ALL RIGHT. UM, NEXT WE HAVE, [II) Approval of Minutes] UM, APPROVAL OF MINUTES. MAYOR, I'D LIKE TO GO AND MAKE A MOTION TO APPROVE THE MINUTES FOR THE SPECIAL MEETING FROM JUNE 13TH, JUNE THE 16TH, AND ALSO THE REGULAR MINUTES FOR THAT SAME MEETING FOR THE 16TH AS WELL. SECOND. OKAY. I HAVE A MOTION BY MAYOR PROAM TOBIAS, AND A SECOND BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? THE MOTION PASSES. SEVEN ZERO. OKAY. UP NEXT WE HAVE CITIZENS' [III) Citizen Comment Period with City Council] COMMENTS. THE CITIZEN, THE CITY COUNCIL, WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF CITY COUNCIL MEETINGS. THOSE WISHING TO SPEAK OR ENCOURAGED TO SIGN IN BEFORE THE MEETING BEGINS. SPEAKERS WILL BE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD AT ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS, AND WE ASK THAT YOU OBSERVE THE THREE MINUTE TIME LIMIT. ALL RIGHT. UP FIRST I HAVE ROBERT HUNTER, AND IF I'M CORRECT, ROBERT, YOU'RE GONNA, UH, RUSSELL'S GOING TO GIVE YOU HIS TIME. YES. ALL RIGHT. SO HE'S GONNA WAIT. YOU HAVE SIX? HE HAS SIX MINUTES. ALL RIGHT, GO AHEAD. GOOD EVENING, MAYOR AND COUNCIL MEMBERS. MY NAME IS ROBERT HUNTER AND I AM HERE TONIGHT IN STRONG SUPPORT OF AGENDA ITEM NUMBER 18, AND THE REAFFIRMATION THAT KYLE VISTA PARK SHALL REMAIN DEDICATED EXCLUSIVELY TO PARK AND RECREATIONAL PURPOSES. I AM ALSO SUBMITTING INTO THE RECORD AN ONLINE PETITION MATERIALS, INCLUDING 114 SIGNATURES SUPPORTING THE RELOCATION OF BOTH THE HAYES COUNTY EASTSIDE CAMPUS, AND THE ANIMAL CONTROL FACILITY TO A MORE APPROPRIATE SETTING FOR THOSE TYPES OF FACILITIES. I WANT TO BEGIN BY MAKING SOMETHING ABSOLUTELY CLEAR. I SUPPORT AN ANIMAL CARE FACILITY. OUR CITY NEEDS ONE. OUR ANIMALS DESERVE ONE. THE DEDICATED PEOPLE WHO CARE FOR ABANDONED AND NEGLECTED ANIMALS DESERVE MODERN FACILITIES AND RESOURCES NECESSARY TO DO THEIR WORK. BUT SUPPORTING AN ANIMAL SHELTER DOES NOT MEAN SUPPORTING AN ANIMAL SHELTER AT ANY LOCATION. THOSE ARE NOT THE SAME THING. I RESPECTFULLY DISAGREE WITH ANY SUGGESTION THAT PRESERVING KYLE VISTA PARK MEANS ABANDONING ANIMAL WELFARE. KYLE DESERVES BOTH AN OUTSTANDING ANIMAL FACILITY AND PROTECTED PUBLIC PARKS. WE SHOULD NOT ASK ONE PUBLIC GOOD TO CONSUME ANOTHER. ANIMAL CARE FACILITIES BELONG IN LOCATIONS INTENDED FOR INSTITUTIONAL, GOVERNMENTAL, COMMERCIAL, OR SIMILAR USES WITH APPROPRIATE TRAFFIC ACCESS, UTILITIES ROOM FOR EXPANSION AND ADEQUATE BUFFERS FOR SURROUNDING NEIGHBORHOODS. THEY SHOULD NOT BE PLACED IN THE MIDDLE OF ESTABLISHED RESIDENTIAL COMMUNITIES ADJACENT TO HOMES, SCHOOLS, AND LAND THAT RESIDENTS WERE PROMISED WOULD REMAIN RECREATIONAL OPEN SPACE PROTECTING KYLE VISTA PARK IS NOT ANTI ANIMAL. IT IS PRO PLANNING. IT IS PRO NEIGHBORHOOD, AND IT IS PRO-PUBLIC TRUST. THE HISTORICAL RECORD MATTERS AND SO DOES THE LEGAL STATUS OF THIS LAND. THE PLATS DEVELOPMENT DOCUMENTS, AGREEMENTS DATING BACK TO 2006 CONSISTENTLY IDENTIFIED THIS LAND AS PARKLAND FAMILIES PURCHASED HOMES AND MADE LIFE DECISIONS BASED ON THOSE REPRESENTATIONS. THE EXPECTATION WAS SIMPLE AND CLEAR. THIS LAND WOULD SERVE THE PEOPLE OF KYLE AS A PARK. THE CITY'S OWN PAST ACTIONS REINFORCE THAT IN 2015, EVEN UTILITY LINES RUNNING THROUGH KYLE VISTA PARK WERE TREATED AS NON-PAR USE REQUIRING CHAPTER 26 REVIEW. IF UTILITY LINES REQUIRE THAT LEVEL OF PARKLAND PROTECTION THAN SURELY AN ANIMAL CONTROL FACILITY COUNTY FACILITY, WHERE ANY NON-PAR USE DESERVES EVEN GREATER SCRUTINY. TEXAS LAW TREATS PUBLIC PARKLAND DIFFERENTLY FROM ORDINARY CITY OWNED PROPERTY. CHAPTER 26 EXISTS BECAUSE PUBLIC PARKLAND IS UNIQUE. BEFORE PUBLIC PARK LAND IS USED OR TAKEN FOR ANOTHER PURPOSE, THE GOVERNMENT MUST ADDRESS WHETHER THERE IS A FEASIBLE AND [00:05:01] PRUDENT ALTERNATIVE, AND WHETHER ALL REASONABLE PLANNING AND HAS BEEN DONE TO MINIMIZE HARM TO THE PARK. THAT IS NOT A TECHNICALITY, THAT IS A SAFEGUARD. THE CITY SHOULD NOT TREAT KYLE VISTA PARK AS FLEXIBLE SURPLUS LAND. IT HAS BEEN ACQUIRED, HELD, CLAIMED, PLANNED AND PRESENTED AS PARK LAND FOR YEARS. AND IF ANYONE BELIEVES THIS LAND CAN LEGALLY OR MORALLY BE CONVERTED TO A NON-PAR USE, THEN THE BURDEN SHALL BE ON THEM TO PROVE THAT AUTHORITY, NOT ON RESIDENTS, TO KEEP PROVING THAT A PARK IS A PARK. THE PETITION COMMENTS SHOW THAT RESIDENTS STILL UNDERSTAND THIS LAND. THAT WAY THEY RAISE CONCERNS ABOUT CHILDREN WALKING TO SCHOOL, TRAFFIC NEAR SCIENCE HALL ELEMENTARY AND CHAPPA MIDDLE SCHOOL NOISE, PROPERTY VALUES, NEIGHBORHOOD CHA CHARACTER, AND THE LOSS OF PROMISE PARKLAND. THOSE CONCERNS ARE REAL. THEY COME FROM THE PEOPLE WHO LIVE WITH THE IMPACT. THE BURDEN SHOULD NEVER BE ON RESIDENTS TO PROVE WHY A PARK SHOULD REMAIN A PARK, THE BURDEN SHOULD BE ON THE GOVERNMENT TO EXPLAIN WHY IT SHOULD CEASE TO BE ONE. TONIGHT YOU HAVE AN OPPORTUNITY TO REAFFIRM A PROMISE THAT WAS MADE YEARS AGO. YOU CAN TELL CURRENT RESIDENTS AND FUTURE GENERATIONS THAT WHEN GOVERNMENT DESIGNATES LAND AS PARKLAND, THAT COMMITMENT MEANS SOMETHING. YOU CAN SUPPORT ANIMAL WELFARE WHILE ALSO PRESERVING PUBLIC GREEN SPACE. THESE GOALS ARE NOT IN CONFLICT. THEY'RE ENTIRELY COMPATIBLE. I RESPECTFULLY ADD, ASK THIS COUNSEL TO SUPPORT AGENDA ITEM NUMBER 18, REPEAL RESOLUTION 1909 AND PERMANENTLY DEDICATE KYLE VISTA PARK EXCLUSIVELY TO PARK AND RECREATIONAL PURPOSES. PLEASE DO NOT STOP AT A STATEMENT OF INTENT. MAKE THIS A PROTECTION, LEGAL, CLEAR, ENFORCEABLE, RECORDED AND LASTING DIRECT STAFF AND THE CITY ATTORNEY TO IDENTIFY EVERY DEED PLAT DEDICATION, DOCUMENT TITLE, RECORD, LEGAL DESCRIPTION, RESTRICTION, AND PRIOR PARK LAND ACTION TIED TO KYLE VISTA PARK. AND THEN USE EVERY AVE AVAIL AVAILABLE LEGAL TOOL TO PROTECT IT. KYLE VISTA PARK SHOULD NOT BE HELD IN LIMBO FOR THE NEXT FUTURE PROJECT. THE NEXT FUTURE COUNSEL, OR THE NEXT CONVENIENT IDEA, KYLE VISTA PARK IS NOT SURPLUS LAND. KYLE VISTA PARK IS NOT A PLACEHOLDER. KYLE VISTA PARK IS A PUBLIC PARKLAND. PLEASE PROTECT IT ACCORDINGLY. THANK YOU FOR YOUR TIME, YOUR SERVICE AND YOUR CONSIDERATION. ALRIGHT, THANK YOU. UM, NEXT I HAVE MIKE MICHAEL WASH FOR THE RECORD, MY NAME IS MICHAEL WALSH AND I'M A RESIDENT OF KYLE, TEXAS, MAYOR AND MEMBERS OF THE CITY COUNCIL. THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT. REGARDING ITEM 19 ON THE AGENDA, I WANT TO CLEARLY STATE MY SUPPORT FOR THE USE OF MODERN ROUNDABOUTS AS A PRACTICAL, PROVEN, AND RESPONSIBLE TREATMENT. PARDON ME, INVESTMENT IN PUBLIC SAFETY. THIS IS NOT SIMPLY A MATTER OF TRAFFIC DESIGN. IT'S A MATTER OF REDUCING THE LIKELIHOOD OF SERIOUS INTERSEX INTER INJURIES AT INTERSECTIONS WHERE DRIVERS, PEDESTRIANS, AND BICYCLISTS ALL SHARE SPACE AS MY NEIGHBOR AND AUSTIN FIREMEN AND EMT. FROM HIS EXPERIENCE WITH DEALING WITH ACCIDENTS, ROUNDABOUTS, AND NATURALLY SLOW VEHICLES BEFORE THEY ENTER THE INTERSECTION REQUIRE DRIVERS TO YIELD AND SIGNIFICANTLY REDUCE THE NUMBER OF CONFLICT POINTS COMPARED WITH TRADITIONAL FOUR-WAY INTERSECTIONS. THAT DIFFERENCE MATTERS IN A CONVENTIONAL INTERSECTION. A MISTAKE CAN RESULT IN A HIGH SPEED ANGLE OR T-BONE COLLISION WITH SEVERE CONSEQUENCES IN A ROUNDABOUT. CRASHES THAT DO OCCUR ARE MORE LIKELY TO BE LOW, LOW SPEED GLANCING IMPACTS, WHICH GREATLY REDUCES THE RISK OF SERIOUS INJURY. FOR THAT REASON, I BELIEVE MODERN ROUNDABOUTS ARE A SENSIBLE STEP TOWARD CALMER TRAFFIC, SAFER CROSSINGS, AND A ROADWAY SYSTEM THAT BETTER PROTECTS THE PEOPLE WHO USE IT EVERY DAY. I RESPECTFULLY URGE THE COUNCIL TO SUPPORT THIS SAFETY FOCUSED IMPROVEMENT FOR OUR COMMUNITY. THAT'S MY, THAT WAS MY STATEMENT. I'M GONNA MAKE AN ASIDE HERE. I WOULD REALLY LIKE THE RULES OF COUNSEL TO INCLUDE A THREE MINUTE LIMIT PERIOD. I DON'T THINK THAT, UH, PASSING OFF TO SOMEBODY ELSE TO GET EXTRA TIME IS A GOOD USE OF TIME. THIS WAS A WASTE OF TIME ON THAT, ON THAT COMMENT. IN MY OPINION, HE COULD HAVE MADE THOSE POINTS IN A MUCH SHORTER TIME. THANK YOU. AS A REMINDER, ALL YOUR COMMENTS SHOULD BE MADE TO THE COUNCIL AND NOT DIRECTED TO THE AUDIENCE, AND [00:10:01] SO I APOLOGIZE FOR THAT. ALL RIGHT. UP NEXT WE HAVE MARY NEIL. THANK YOU FOR ALLOWING ME TO SPEAK. MY NAME IS MARY NEIL. I'M A CITIZEN OF KYLE AS WELL AS A SMALL BUSINESS OWNER. LAST WEEK, I FOUND OUT THAT MANY SPECIAL EVENTS WERE CUT OR GUTTED DURING A SPECIAL MEETING THAT I WAS UNABLE TO ATTEND. I KNOW THAT WE WERE WORKING TO FIX THE BUDGET BY I FIELD. THE DECISIONS MADE WERE DONE HASTILY. I SPOKE TO THE PARKS BOARD LAST WEEK AFTER THE SPECIAL MEETING ONLY TO FIND OUT THAT THEY WERE UNAWARE OF THESE CHANGES, WHICH LEADS ME TO BEING HERE TONIGHT. I'M NOT SURE THE PURPOSE OF THE BOARD IF THEY DO NOT HAVE INPUT ON THESE THINGS AS THEY HAVE INSIGHT BEYOND THE NUMBERS. AS A VENDOR OF MANY OF THESE EVENTS, I WAS BLOWN AWAY. EVENTS WITH MINOR ATTENDANCE, LESS THAN A HUNDRED WERE KEPT AND ONES WITH LONGEVITY AND MUCH BIGGER ATTENDANCE, WHICH I ALSO DISPUTE. THOSE NUMBERS THAT WERE GIVEN WERE SLASHED. THE ONE THAT I FOUND THE MOST SHOCKING WAS SANTA'S ARRIVAL. THIS IS AN ALMOST 30 YEAR EVENT. SORRY, MY SCREAM JUST, THERE WE GO. IT'S AN ALMOST 30 YEAR EVENT THAT DRAWS MUCH BIGGER NUMBERS THAN THE LISTED NUMBERS FROM LAST WEEK AND IS SOMETHING EVERYONE LOOKS FORWARD TO. SANTA'S RIDES ARE GREAT BUT ARE NO SUBSTITUTE FOR A PLACE PEOPLE CAN GATHER TO SEE AND GET PHOTOS WITH SANTA AS THEY WATCH THE LIGHTS BE TURNED ON. THE GRINCH IS GREAT, BUT IT'S ONLY BEEN AROUND FOR A COUPLE OF YEARS SINCE IT STARTED. WHY CAN'T WE COMBINE THE TWO AND PUT THEM HERE WHERE WE DO SANTA'S ARRIVAL? KEEP IT ON THE FIRST OR THE FIRST WEDNESDAY OF DECEMBER, WHICH IS THE WAY IT USED TO BE AND KEEP IT THAT WOULD KEEP IT FROM COMPETING WITH THE BIG EVENTS HAPPENING IN BEDA THAT TAKE MANY OF THE VENDORS AND SPECTATORS TO BEDA. I BEG YOU TO RECONSIDER THIS ONE, THIS HALLMARK ESQUE EVENT FOR THIS YEAR THAT KEEPS KYLE STILL ENCOMPASSING THE CHARMING FEELING THAT WE ONCE HAD OTHER EVENTS. YOU REALLY NEEDED TO SPEAK TO THE VENDORS BEFORE MAKING SOME OF THE DECISIONS. AND WE HAVE YEARS. I HAVE 20 YEARS EXPERIENCE HERE AND AT MANY OTHER EVENTS AROUND OTHER SURROUNDING AREAS, AND WE TRIED TO GIVE FEEDBACK ON WAYS TO MAKE IT BETTER AND CHEAPER. NO ONE LISTENED. LISTEN TO US, WE CAN HELP. THERE'S NO REASON SOME OF THESE EVENTS NEED TO COST WHAT THEY DO BASED ON WHAT I SEE IN OTHER PLACES. MARKET DAYS BEING ONE OF THEM. THE FACT THAT IT'S NO LONGER BEING HELD DURING THIS COMING FOUNDER'S DAY PARADE IS INSANE AS IT'S BEEN WELL ATTENDED BY THOSE ATTENDING AND AFTER THE PARADE. AGAIN, I ASK YOU TO RECONSIDER AND TALK TO THOSE THAT ACTUALLY GO TO THESE EVENTS. FOR MORE DETAILS FROM OUR SIDE, PLEASE KEEP SANTA'S ARRIVAL. COMBINE IT WITH GRINCH ON THE GREEN. IT IS MUCH BIGGER THAN YOU THINK. THERE IS A LOT OF PEOPLE WHO ARE SHOCKED THAT THIS 30 YEAR EVENT IS GOING AWAY. THANK YOU. THANK YOU. UH, NEXT I HAVE BRANDON HILL. GOOD EVENING COUNCIL MAYOR. UH, MY NAME IS BRANDON HILL, THE EM S CHIEF FOR ESD NINE EMS. UH, THANK YOU FOR THE OPPORTUNITY TO ADDRESS YOU AND THE CITIZENS TONIGHT. I JUST WANTED TO GIVE YOU AN UPDATE FOR, UH, THE ESD NINE EMS SERVICES. UH, WE HAVE FULLY TRANSITIONED TO THE CITY OF KYLE AS OF JULY 1ST. UH, SO WE NOW HAVE AN AMBULANCE IN ALL FOUR OF THE KYLE FIRE STATIONS TO INCLUDE MOUNTAIN CITY. UH, THIS SERVICE IS GONNA CONTINUE AND EXPAND APPROPRIATELY BASED ON THAT CALL VOLUME AND THE NEED OF THE CITY. UH, WE LOOK FORWARD TO THAT CONTINUING RELATIONSHIP WITH ALL THE CITY STAFF AND ESPECIALLY THE KYLE POLICE DEPARTMENT. WE'VE, UH, WORKED WELL WITH THEM SO FAR, AND I ENCOURAGE ANY RESIDENT OR ANY OF YOU, UH, IF THERE'S ANY ISSUES, CONCERNS, AND ESPECIALLY COMPLIMENTS, UH, UH, REGARDING OUR STAFF OR OUR SERVICE, PLEASE DON'T HESITATE TO REACH OUT. THANK YOU. ALL RIGHT, THANK YOU VERY MUCH. UM, NEXT I HAVE WALT SMITH. I SIGNED UP ON TWO INDIVIDUAL AGENDA ITEMS. SAY THAT AGAIN. DID YOU NOT WANNA SPEAK? I ABSOLUTELY ON TWO INDIVIDUAL AGENDA ITEMS. UM, YES, YOU CAN SPEAK ABOUT 'EM NOW. WE, WE DON'T SEPARATE 'EM LIKE Y'ALL, WE DON'T SEPARATE 'EM LIKE Y'ALL DO. THAT'S FINE. I'M HAPPY TO. UM, UH, THE FIRST ITEM I SIGNED UP TO SPEAK ON IS ITEM, UH, I BELIEVE IT IS NINE NINE. UM, AND THAT IS THE HAYES CAD PROPOSAL, UH, FOR NEW FACILITIES. UH, FOR THOSE OF YOU WHO DON'T UNDERSTAND OR OR UNDERSTAND THE WORKINGS OF THE HAYES CAD, UH, THEY OPERATE SPECIFICALLY NOT OFF OF OUR INDIVIDUAL TAXPAYER DOLLARS, BUT ALLOCATIONS FROM EACH OF US. UH, WE RECEIVE NOTIFICATION ALL THE CITIES AND TAXING ENTITIES IN, IN THE COUNTY, UH, EARLIER THIS MONTH THAT THEY PLAN AN EXPANSION, UH, AT MINIMUM, OR PARDON ME, AT MAXIMUM $15 MILLION, UH, FOR A NEW FACILITY, INCREASED STAFFING COSTS AND OTHER ANCILLARY COSTS, UH, WITH ABSOLUTELY NO EXPLANATION TO US, MUCH LIKE WE OPERATE UNDER A 30 DAY SHOT CLOCK. [00:15:01] UNFORTUNATELY, WHEN THEY SENT US THAT NOTIFICATION, THEY DID NOT NOTIFY ANY OF THE TAXING ENTITIES DIRECTLY THAT IF YOU CHOSE NOT TO TAKE ACTION, THERE WAS AN AUTOMATIC APPROVAL OF THAT. WE CONSIDERED THIS IN HAYES COUNTY COMMISSIONER TO COURT TODAY AND VOTED DOWN THEIR RESOLUTION FIVE ZERO, UH, IN ANTICIPATION ASKING THAT. NUMBER ONE, THEY'VE COME BACK AND DISCUSS THIS IN A VERY DIFFERENT WAY. GIVE US THE NUMBERS. TELL US WHERE THE FACILITY IS. TELL US THE SPECIFICS. GIVE US THOSE STAFFING NUMBERS. GIVE US WHAT THOSE INCREASES WERE. I WAS ABSOLUTELY FLOORED AND SHOCKED TO LEARN THAT ONE OF THOSE INCREASES WAS POSSIBLY A SINGLE $80,000 PAY INCREASE FOR ONE EMPLOYEE. UH, WHEN WE ARE LOOKING AT STAFFING CUTS AND STAFFING SALARY READJUSTMENTS, I THINK IT'S ABSOLUTELY AN ABOMINATION THAT THEY COME AND ASK THEIR TAXING ENTITIES FOR THAT. UH, AND I WOULD ENCOURAGE Y'ALL TO, TO TAKE THAT INTO CONSIDERATION DURING YOUR, YOUR COMMENTS TODAY. YES. AND I, I ALSO SIGNED UP ON, UH, THE OTHER ITEM, UH, AND I BELIEVE THAT'S 18. IS THAT CORRECT? I CAN LOOK. UH, IT'S THE KYLE VISTA PARK ITEM. I JUST WANNA SAY NUMBER ONE, THANK YOU FOR YOUR COMMITMENT TO THE ANIMALS OF HAYES COUNTY AND TO ALL OF THOSE INDIVIDUALS AND VOLUNTEERS WHO ARE OUT THERE WORKING ON A DAILY BASIS. HAYES COUNTY HAS STEPPED UP WITH Y'ALL AND MADE A TRUE COMMITMENT. IT'S A COMMITMENT THAT ISN'T LOCKED TO A PIECE OF PROPERTY. IT'S A COMMITMENT TO OUR CITIZENS. IT'S A COMMITMENT TO OUR TAXPAYERS AND IT'S COMMITMENT TO ADDRESS THE PROBLEMS THAT WE'VE SEEN. NOT ONLY NOW, BUT WE'VE SEEN OVER, OVER A DECADE WITH THESE ISSUES. I WOULD ENCOURAGE YOU TO CONTINUE TO MOVE FORWARD. I KNOW THAT WE AS A COURT HAVE SAID WE WILL CONTINUE TO MOVE FORWARD AND LOOK FORWARD TO WORKING WITH KYLE. THAT DOESN'T MEAN A SPECIFIC PROPERTY. IT MEANS A SPECIFIC PLAN AND A SPECIFIC PLAN OF ACTION TO ADDRESS THE CONCERNS OF ALL OF OUR CITIZENS. I JUST THANK YOU FOR THAT COMMITMENT AND REITERATE THAT AS A COURT, I FEEL VERY CONFIDENT IN SPEAKING ON BEHALF OF OUR COURT. THEY WANT TO HONOR THAT COMMITMENT AND CONTINUE TO MOVE FORWARD FOR THOSE IN THE, IN THE GENERAL PUBLIC WHO HAVE A QUESTION. WE DO HAVE AN ILA THAT ISN'T NECESSARILY SPECIFIC TO AN INDIVIDUAL PIECE OF PROPERTY. IT'S AN ILA AND A COMMITMENT TO MOVE FORWARD WITH THE FACILITY AND I HOPE THAT WE CAN CON CONTINUE TO DO THAT. OKAY. THANK YOU. THANK YOU. UM, NEXT I HAVE TRACY SHIELD. THANK YOU MA'AM. MAYOR, MAYOR, PRO TEM COUNCIL MEMBERS. MY NAME IS TRACY SHIELD AND I COME TO YOU AS A RESIDENT OF THE CITY OF KYLE. FIRST COMMENT I WOULD LIKE TO MAKE IS I WOULD LIKE TO THANK THE, UH, PARKS DEPARTMENT. THEY WORKED HARD AND DILIGENT WITH WHAT THEY HAD AND PUT ON A RATHER DECENT FIREWORK SHOW. HOWEVER, ON MY WAY HOME FROM SAID SHOW, 'CAUSE I WATCHED IT AT THE SHELL STATION WITH THE EMPLOYEES THERE. UM, I GOT A BETTER SHOW FROM THE POLO CLUB, YOU KNOW, MY ENTIRE RIDE HOME. I WATCHED THEIR FINALE. IT WAS AMAZING. FIVE MINUTE FINALE. AND MATTER OF FACT, THEY KIND OF TOOK OUT SOME OF THE POWER, BUT, UH, IT WAS JUST, IT JUST KIND OF SHOWED THE DIFFERENCE. UM, I KNOW WE ARE ON A BUDGET SHORTFALL. I KNOW THAT, AND I KNOW THERE HAS TO BE CUTS, BUT WE ACTUALLY HAVE TO LOOK AT THOSE CUTS IN A A, A WAY THAT NOT JUST SAYS, OKAY, WE HAVE ALL THESE CIPS. WE NEED TO DO THE CIPS AND THAT'S IT. QUALITY OF LIFE IS IMPORTANT FOR OUR RESIDENTS HERE IN KYLE. OUR COMMUNITY IS IMPORTANT FOR OUR RESIDENTS OF KYLE, FOR SOME OF THE EVENTS THAT WERE, UM, TAKEN AWAY, ESPECIALLY SANTA'S ARRIVAL. THAT IS A TRADITION FOR YOU GUYS TO, AS AN ENTITY. I KNOW NOT EVERYBODY WAS FOR IT, BUT AS AN ENTITY, YOU GUYS TOOK AWAY THE MARKET DAYS. YEAH, THOSE NEEDED TO BE TONED DOWN MONETARILY, BUT THEY STILL COULD HAVE BEEN DONE. THIS MARKET DAYS BRINGS IN PEOPLE EVERYWHERE, UM, AND, YOU KNOW, VENDORS AND JUST PEOPLE COMING IN, WALKING AROUND AND SEEING KYLE. WHEN YOU TAKE AWAY THE FEELING OF KYLE AND THE COMMUNITY OF KYLE, [00:20:01] ALL YOU GET IS A CITY. AND WHEN PEOPLE GO ON FACEBOOK AND ASK OTHER PEOPLE, HEY, WHAT DO YOU THINK OF KYLE? AND THEY ALL SAY, WELL, WE LIVE HERE, BUT WE GO ELSEWHERE TO HAVE FUN AND TO ENJOY. YOU KNOW, THAT NOT ONLY IS A WAY OF CUTTING OFF YOUR NOSE, SPITE YOUR FACE 'CAUSE YES, YOU HELPED THE BUDGET, BUT YOU ALSO DECREASED THAT. OKAY, WELL, YOU, WELL, HE GOT TO SPEAK FOR FIVE AND A HALF MINUTES, SO I'M GONNA TAKE JUST A FEW MORE. UM, WHEN YOU TAKE AWAY THE PEOPLE, UH, RIGHT TO, YOU KNOW, UM, HAVE FUN AND, AND SUCH, WELL, I GUESS IT'S REALLY NOT A RIGHT. BUT ANYWAY, PROPERTY VALUES, WHEN THEY TRY TO SELL, GO DOWN AND GUESS WHAT? THAT THEN AFFECTS OUR BUDGET BECAUSE IT AFFECTS OUR TAX AND OUR PROPERTY TAX COLLECTION. SO, GOOD LUCK GUYS. THANK YOU. THANK YOU. UM, AMY, MAY I MAKE A FA UH, STATEMENT OF FACT BY SAYING THAT THE SANTO'S ARRIVAL WASN'T GOING AWAY, BUT IT'S COMBINED? I JUST, I JUST WANNA ADDRESS THOSE TWO CONCERNS. 'CAUSE I THINK THERE'S SOME MISINFORMATION. AND I JUST WANNA SAY, WOULD I BE ACCURATE TO SAY THAT SANTA'S ARRIVAL HAS BEEN COMBINED WITH ANOTHER PROJECT? WE ARE PERMITTED TO MAKE A STATEMENT OF FACT. YES, MAYOR. OKAY. I, WHO, WHO COULD CONFIRM THAT, THAT MY STATEMENT OF FACT IS A FACT. I DON'T WANNA GIVE ANY MISINFORMATION, BUT I BELIEVE SANTA'S ARRIVAL DID NOT GO AWAY. THAT INSTEAD IT WAS JUST COMBINED WITH ANOTHER PRO. ANOTHER EVENT. WE COMBINED SANTA'S ARRIVAL WITH, UM, THE SANTA RIDES. SO WE WILL DO THE LIGHTING AND THEN SANTA WILL GO OFF AND RIDE ON HIS ROUTE, IS MY UNDERSTANDING. OKAY. JUST WANNA MAKE SURE I, I CAN'T PERSONALLY, YOU KNOW, ATTEST TO WHAT WAS INCLUDED IN THE BUDGET CUT PART OF THAT. SO THAT WOULD REQUIRE, YOU KNOW, PROBABLY MR. ELIZONDO WHO'S OUT ON VACATION RIGHT NOW. SO I'M NOT SURE OKAY. HOW TO GIVE YOU EXACT NUMBERS. WE WILL ADDRESS THAT AT THE NEXT MEETING. I APPRECIATE IT. I JUST WANTED TO MAKE A CORRECT UH, STATEMENT. ALRIGHT, I'M NEXT. I HAVE KAMI SANFORD, UH, HELLO. UM, I'M KAMI SANFORD AND I LIVE IN PLUM CREEK. I'M URGING YOU TO PRESERVE THE PLANNED ROUNDABOUTS THAT ARE ON KOHLER'S CROSSING. UH, MY CHILDREN WILL LEARN HOW TO DRIVE ON THAT ROAD WHEN 1626 WAS FIRST EXTENDED TO I 35 AND THE INTERSECTION IN KOHLER'S CROSSING WAS FIRST CREATED. THERE WAS A RECENT HIGH, UH, HAYES HIGH SCHOOL GRADUATE THAT WAS KILLED THERE. UH, I DIDN'T KNOW THE BOY, BUT SEVERAL OF MY FRIENDS DID, AND IT WAS AN ABSOLUTE TRAGEDY. COUNCIL MEMBER TOBIAS, UH, MAY REMEMBER THE EXACT TIME IT HAPPENED. IT WAS ABOUT 15 YEARS AGO. UM, SINCE THEN, KOHLER'S HAS REMAINED DANGEROUS. IT'S A LONG STRAIGHT ROAD THAT GOES TO THE HIGHWAY. PEOPLE LIKE TO DRIVE FAST ON IT. IT'S, UH, THE PLANNED ROUNDABOUTS WOULD BREAK UP THAT LONG STRETCH OF ROAD. AND AS OUR CITY ENGINEER HAS EVEN SAID, IT WOULD BE THE SAFEST OPTION. SO PLEASE RESEARCH THE HISTORY OF ACCIDENTS ALONG KOHLER'S CROSSING BEFORE CONSIDERING ANY CHANGE TO THE ROUNDABOUTS THAT ARE CURRENTLY PLANNED THERE. UH, THE INSURANCE INSTITUTE FOR HIGHWAY SAFETY AND THE FEDERAL HIGHWAY ADMINISTRATION BOTH FOUND THAT THE CONVERTING TRADITIONAL INTERSECTIONS TO ROUNDABOUTS REDUCES INJURY CRASHES BY 75% AND IT REDUCES FATALITIES BY UP TO 90%. SO I THINK A LOT OF PEOPLE RE UH, THEY DISLIKE ROUNDABOUTS 'CAUSE THEY THINK THEY'RE NEW OR DIFFERENT OR THEY THINK THEY'RE UNNECESSARY, BUT THE EVIDENCE IS CLEAR THAT THEY ARE SAFER. THESE ROADS WERE BUILT WITH ROUNDABOUTS IN MIND, AND IT'S AGAINST PUBLIC INTEREST TO MAKE A CHANGE. NOW I WALK MY KIDS TO SCHOOL EVERY MORNING, AND I GREATLY PREFER WHEN MY FAMILY IS CROSSING NEAR A ROUNDABOUT VERSUS A FOUR-WAY STOP. ROUNDABOUT TRAFFIC IS PREDICTABLE. WE JUST GO WHEN THERE'S NO CARS THERE. BUT AT STOPS, PEOPLE SKIP THEIR TURNS, THEY WAVE ME OR OTHER CARS THROUGH OUT OF ORDER, AND SOMETIMES THEY EVEN DRIVE STRAIGHT THROUGH WITHOUT EVEN LOOKING. UH, YOU CAN'T DO ANY OF THAT AT A ROUNDABOUT. THERE'S A REASON THAT THE RESEARCH ON ROUNDABOUTS IS REMARKABLY CONSISTENT. PLEASE VOTE FOR SAFETY. THANK YOU. ALL RIGHT, THANK YOU. UM, NEXT I HAVE PAMELA STOBO. PAMELA STOBO. I'M SORRY IF I SAID YOUR NAME WRONG. MAYBE IT STILL BOARD. UH, GOOD EVENING MAYOR AND COUNCIL MEMBERS. UM, I'M HERE TO EXPRESS MY, UH, APPROVAL FOR THE ROAD BOND, UH, PROGRAM. THE ITEM 19. UH, BASICALLY, [00:25:01] UH, I'M A MEMBER OF PLUM CREEK AND AS A MEMBER, UM, I'VE EXPERIENCED A LOT OF TRAFFIC ON SANDERS IN EARLY IN THE MORNING. WE HAVE, UM, QUITE A BIT OF BACKUP THAT GOES ALONG WITH THAT FOUR-WAY STOP. I DON'T CONSIDER THAT THE, UM, TRAFFIC SIGNAL TO BE A GOOD SOLUTION FOR THAT AREA, MAINLY BECAUSE IT CAUSES MORE IDLING, UM, AND MORE EXHAUST FUMES FOR THE NEIGHBORS IN THAT AREA. UM, MANY OF THEM ARE ALREADY IMPACTED BY THIS AND THEY CAN'T ENJOY THEIR HOME, SO WE NEED TO TAKE THAT INTO CONSIDERATION. UM, ALONG WITH THE TRAFFIC ON SANDERS, UM, IT'S BACKED UP ON KOHLER'S CROSSING ALMOST TO 27 70. SO, UM, HAVING A TRAFFIC SIGNAL COULD IMPACT THAT AND MAKE IT WORSE. UM, I AP I, UM, ENCOURAGE YOU TO DO THE STUDY AND TO TAKE THAT INTO CONSIDERATION THAT, UM, ONCE THE TRAFFIC GETS BACKED UP, THE OTHER STREETS COMING OUT OF PLUM CREEK CAN'T GET OUT ON KOHLER'S CROSSING. SO, UM, LET'S SEE. ANOTHER ITEM IS THAT THE TRAFFIC LIGHT ON 27 70 AND COLORS CROSSING CAUSES A LOT OF PEOPLE TO TRY TO GET AROUND THAT TRAFFIC LIGHT DURING THE SCHOOL TIME. THERE'S A LOT OF PEOPLE THAT CUT THROUGH PLUM CREEK AND JUST TO GET AROUND THAT SIGNAL, WHAT IS GOING TO PREVENT THEM FROM DOING THE SAME THING TO OURS, UH, IF WE HAVE A SIGNAL THERE. SO I ENCOURAGE YOU TO SUPPORT A ROUNDABOUT. UM, ONE THING I WANTED TO POINT OUT IS I HOPE THAT YOU WON'T, UM, DELAY, UH, A PROJECT OR, UM, I FORGOT WHAT I WANTED TO SAY. UH, DELAY A PROJECT BASED UPON BUDGET BECAUSE IT BECOMES MORE EXPENSIVE DOWN THE ROAD. MUCH MORE. I THANK YOU. OF NEXT I HAVE JEFF ROTHMAN. GOOD EVENING MAYOR AND COUNCIL. I APPRECIATE YOUR HAVING ME HERE TONIGHT. I'M JEFF KAUFMAN AND ALTHOUGH I'M, UH, NOT A RESIDENT OF KYLE, I LIVE IN BUTTA, I FEEL LIKE I'M A STAKEHOLDER BECAUSE WE DO SHARE THE SAME WATER, WE SHARE THE SAME AIR, WE, WE SHARE THE SAME STORES WHERE I SHOP AND THE SAME ROADS AND CONGESTION. AND I GIVE A LOT OF TAXES TO YOUR, TO YOUR STORES HERE WHILE I'M HERE. SO, UH, I DO WANNA SAY THAT WE DO COEXIST AND WE LIVE ALL SIDE BY SIDE. AND, UH, AS A RESULT, I DO WANNA COMMENT ON SOME OF THE ITEMS BEFORE YOU TONIGHT. MY IN-LAWS LIVE IN PLUM CREEK AND I VISIT FREQUENTLY. THEY LIVE, UH, RIGHT AT SANDERS, UH, STREET ON, UH, KOHLER'S CROSSING. SO I DO KNOW THAT, UH, QUITE WELL. THE, UH, UH, TRAFFIC ALWAYS GETS BACKED UP THERE, UH, ANY, ANY TIME THERE'S A LOT OF TRAFFIC. UM, I'M CONCERNED THAT THE CITY OF KYLE IS BACKTRACKING ON A COUPLE OF IMPORTANT ITEMS THEY PREVIOUSLY AGREED TO, WHICH WOULD BENEFIT THE ENTIRE COMMUNITY, INCLUDING NOT JUST KYLE, BUT OUR SHARED REGION. THE FIRST IS THE KYLE ANIMAL SHELTER THAT I THINK YOU'VE TALKED ABOUT, SOME FOLKS HAVE TALKED ABOUT ALREADY TONIGHT. I'M GLAD TO HEAR THAT THERE APPEARS TO BE A COMMITMENT TO THE SHELTER. UH, AND THE SECOND IS THE ROAD BONDS PROJECTS AND THE STREET IMPROVEMENTS. I'M CONCERNED THAT THE CITY COUNCIL IS ABOUT TO SUPERSEDE REQUESTS FOR STAFF INFORMATION THAT THEY THEMSELVES MADE REGARDING BOTH THE KYLE VISTA PROPERTY, WHERE AN ANIMAL SHELTER HAS BEEN CONSIDERED FOR DEVELOPMENT AND ALSO A STAFF PRESENTATION REGARDING TRAFFIC SAFETY. IN MY EXPERIENCE, THERE ARE MANY PLACES WHERE TRAFFIC CIRCLES ARE WAY BETTER FOR TRAFFIC SAFETY AND FLOW THAN TRAFFIC LIGHTS AT INTERSECTIONS. UH, WHERE ACCIDENTS CAN HAPPEN AT HIGH SPEEDS IN TRAFFIC CIRCLES, PEOPLE ARE FORCED TO GO A LOT SLOWER AND TRAFFIC FLOWS EVENLY WITHOUT HAVING TO STOP. I THINK YOUR STAFF SUPPORT AND I THINK EVEN A FEW WEEKS AGO, YOUR UH, STAFF ENGINEER, UH, SUGGESTED THAT TO BE THE CASE. [00:30:01] UH, SO BY JUMPING THE GUN AND SENDING, UH, SEALING OFF THE KYLE VISTA PROPERTY ALSO FOR FUTURE USE OF ANYTHING OTHER THAN PARKS IS A HASTILY PREMATURE CONSIDERATION. SINCE STAFF ARE GONNA ALSO BRING YOU SOME OPTIONS, I BELIEVE WITH THAT. IN ADDITION, THERE WAS PREVIOUSLY, UH, AN AGREEMENT BETWEEN KYLE, THE CITY OF BUTA AND HAYES COUNTY TO SHARE IN THE DEVELOPMENT AND MAINTENANCE OF AN ANIMAL SHELTER. AND IT'S MY UNDERSTANDING THAT THE CITY OF KYLE HAS PULLED OUT OF THAT POTENTIAL AGREEMENT. I'M GLAD TO HEAR, UH, COMMISSIONER SMITH EARLIER TALK ABOUT POTENTIAL FOR CONTINUED WORKING TOGETHER. THIS, UH, COULD BE A DETRIMENT OTHERWISE TO ALL THREE ENTITIES WHO COULD SHARE IN THE COST AND THE SERVICES. UH, KYLE BUDDA AND HAYES COUNTY, I RESPECTFULLY REQUEST THAT YOU RECONSIDER AND GET BACK INTO NEGOTIATIONS WITH BUDDA AND THE COUNTY FOR A SHARED USED ANIMAL SHELTER AND ALSO THAT YOU CONSIDER AWAITING YOUR STAFF REPORT AND FOLLOWING RECOMMENDATIONS TO DEVELOP TRAFFIC EASEMENT, INCLUDING ROUNDABOUTS AT THESE CRITICAL INTERSECTIONS. THANK YOU FOR YOUR TIME. ALRIGHT, UP NEXT I HAVE LAUREN FOY. GOOD EVENING. I'M LAUREN FOY. I AM THE EXECUTIVE DIRECTOR OF PREVENTA LITTER OF CENTRAL TEXAS. I KNOW SOME OF YOU WOULD LIKE TO CAN THE EAST SIDE PARKLAND LOCATION FOR AN ANIMAL SHELTER. I HAVE A FEW THOUGHTS ABOUT THIS DECISION AND I WAS JUST CURIOUS OF WHY AFTER AN EXPENSIVE AND EXPENSIVE FEASIBILITY STUDY, ARE YOU GUYS JUST FINDING OUT THAT THIS IS NOT A LOCATION THAT CAN BE USED OR WANTED FOR A SHELTER? IS THERE A PERCEIVED PROBLEM THAT THERE IS TOO MUCH SMELL, UH, TOO MUCH NOISE? BECAUSE I CAN ASSURE YOU, WE CAN DEBUNK IT AND MEDIATE THAT SITUATION WITH PROPER DESIGN. UH, SECOND, WASN'T THE SHELTER SUPPOSED TO BE MORE THAN JUST HOUSING ANIMALS AND PART OF THE COMMUNITY? THE ANIMAL COMMUNITY SHELTER IS SUPPOSED TO BE INVITING, ACCESSIBLE, ESPECIALLY FOR THIS PARTICULAR PART OF KYLE TO ACCESS RESOURCES. IT'S OVER A HUNDRED YARDS FROM THE NEIGHBORHOOD AND IT DOESN'T TAKE UP THE MAJORITY OF THE PARKLAND. UM, CAN YOU WAIT FOR THE 21ST TO SEE THE DESIGN PRESENTATION AND THEN DECIDE YOU DON'T WANT IT THERE? UM, BUT DON'T MAKE THE KYLE SHELTER THE STATUS QUO. YOU HAVE ALREADY SPENT OVER A MILLION DOLLARS ON DESIGN AND FEASIBILITY STUDIES. YOU'VE HAD TOWN HALLS, PUBLIC COMMENTS, AND MUCH MORE. PLEASE DON'T FORGET THAT KYLE HAD A PLAN THAT WAS GOOD FOR THE CITIZENS AND ANIMALS WITH THE COMMUNITY VET CLINIC INCORPORATED INTO THE DESIGN AND RESOURCES. IF IT'S BECAUSE OF MONEY, KYLE ISN'T SUPPOSED TO HAVE TO PAY THE LION'S SHARE. YOU. WE CAN HAVE THE ABILITY TO PARTNER WITH OTHER MUNICIPALITIES AND COMMUNITY LIKE BUTTA AND SAN MARCUS AND HELP WITH THE RESOURCES THAT IF IT'S FINANCIAL, UM, SORRY, I KIND OF GET AWAY WITH MYSELF. KYLE ISN'T TO PAY THE LINE. SO YOU'RE RUNNING OUT OF TIME TO DECIDE WHERE AND WHAT YOU WANNA DO WITH YOUR ANIMALS. AND THIS MATTERS BECAUSE YOUR CHOICES RIGHT NOW WILL BE FOR DECADES. SO DO IT CORRECTLY NOW AND NOT JUST PUT A SHELTER IN A WAREHOUSE DISTRICT TO WAREHOUSE ANIMALS. THEY DESERVE BETTER AND WE ALL DO. THANK YOU. GREAT, THANK YOU. UM, NEXT I HAVE BETTY CONLEY AND RUTH GREEN WILL BE YIELDING HER THREE MINUTES AS WELL. THANK YOU. HI MAYOR AND CITY COUNCIL ON YIELDING THE MINUTES. WE HAVE SOME SENIORS THAT HAVE DISABILITY, POST-TRAUMATIC STRESS. I CAN NAME A FEW THAT ARE AFRAID TO STAND UP HERE AND TALK. SO THEY'RE YIELDING THREE MINUTES TO ME TO TALK FOR THEM AND I THINK THEY'RE ALLOWED TO HAVE A VOICE. OKAY. IT IS IMPORTANT TO REMEMBER MS. SADA, THAT YOU DON'T STAND ALONE. THERE'S ALL KINDS OF PEOPLE BEING JUDGED, NOT ACCEPTED. WE HAVE THE MENTAL HEALTH, WE HAVE THE DISABLED, WE HAVE PRIDE. I CAN NAME A BUNCH OF THEM. IN FACT, WE HAVE 116, 116. WHO GETS THE FIRST CHOICE TO HAVE THEIR OWN MARKET DAY? AND IF WE DID MARKET DAY AT THE COST THAT YOU SAY ON YOUR TIKTOK AT 6,100, WHICH IS NOT REALLY THE COST 'CAUSE YOU HAVE TO COUNT THE EMPLOYEES, ALL THE WORK THAT IS DONE, ALL THE CLEANING UP, SETTING UP STAGE, MUSIC VENDORS, WHATEVER. JUST YOUR 6,100 WILL COST THE CITY $707,000 OR MORE. I DON'T THINK THAT IT SHOULD LAY ON THE TAXPAYERS TO HAVE TO DO THEMED MARKET DAYS WHEN THEY CAN BE DONE IF YOU WANT IT AND HAVE A HEART LIKE WE HAVE DONE. WE CAS HAS TAKEN OVER JUNETEENTH, [00:35:02] WE'VE DONE IT TWO YEARS WITHOUT COMING TO CITY COUNCIL EXCEPT FOR THEIR HELP IN ADVERTISING. AND MAYBE AS SPEAKERS WE HAVE 75 TO A HUNDRED PEOPLE THAT ATTEND THAT EVENT. IT'S VERY SUCCESSFUL EVENT AND IT CONTINUES ON. IF YOU WANT A THEMED PRIDE DAY OR WHATEVER DAY YOU WANT, DO IT. CREATE IT, HAVE IT COME FROM YOUR HEART. DON'T JUST GIVE IT TO PEOPLE THAT MIGHT NOT EVEN CARE TO DO THE WORK. YOU DO IT AND SHOW THEM, THIS IS ME, THIS COMES FROM MY HEART AND I'M FIGHTING FOR THESE PEOPLE. THERE ARE PEOPLE OUT THERE BUSINESSES, THERE ARE VENDORS, THERE ARE ALL KIND OF PEOPLE. WE'LL JUMP ON THE WAGON IF YOU JUST GIVE 'EM A CALL. 'CAUSE THAT'S WHAT WE DO. WE GET PHIL AMINA, WE GET AMVETS, WE GET ALL KINDS OF PEOPLE TO HELP BRING THE CAKE, DO THE FOOD, WHATEVER. AND IT IS A SUCCESSFUL EVENT. THEREFORE, I FEEL THAT WE DO NOT NEED TO SEE MARKET DAYS. LIKE I SAID, THERE'S 116 OF THESE WHO HAS THE RIGHT TO SAY I'M HAVING THE MARKET DAY, BUT THE CITY CAN'T PAY FOR THE REST. WE HAVE AUTISTIC PEOPLE THAT AREN'T ACCEPTED AND MADE FUN OF IN SCHOOL AND BULLIED. WE HAVE DISABLED PEOPLE NOT ACCEPTED. THEY'RE MADE FUN OF AND BULLIED. WE HAVE MENTAL HEALTH, NOT ACCEPTED, MADE FUN AND MADE AND BULLIED. BE THE STRENGTH FOR THEM. SHOW THEM YOU REALLY CARE AND DO IT FOR THEM. THAT'S ALL I HAVE TO SAY ABOUT MARKET DATES. AS FAR AS FAR AS VISTA, UH, VISTA PARK, I'D LIKE YOU TO MOVE THAT AGENDA ITEM UP. AGENDA ITEM 18. OBVIOUSLY THERE'S A LOT OF PEOPLE HERE THAT ARE REALLY CONCERNED ABOUT THAT, WHERE IT'S GONNA GO AND WOULD LIKE TO LISTEN TO IT. AND AGAIN, I DO NOT THINK, I DON'T THINK IT NEEDS TO BE EXCESSIVE. YOU DON'T NEED TO HAVE 30 PEOPLE. WE THEIR MINUTES. THERE COULD BE MAYBE IF YOU SAY ONE OTHER PERSON, BUT DON'T CUT THE VOICE OF THE PEOPLE THAT ARE DISABLED THAT CAN'T COME UP HERE AND TALK. I FIGHT FOR THE DISABLED AND I FIGHT FOR THE SENIORS AND I'VE BEEN DOING IT FOR 46 YEARS. SO WE ALL NEED TO STAND UP AND IF THERE'S SOMETHING WE WANNA SPEAK FOR, WE'LL HELP YOU. WHEN WE HAD MARKET DAY ON JUNE, IN JUNE FOR PRIDE DAY. NOW MY DAUGHTER ALWAYS THEMES CAS WHEN THERE'S SOMETHING GOING ON ON MARKET DAY. SHE DOES A LITTLE MUSEUM INSIDE OF CAS. YOU'VE ALL BEEN THERE. YOU'VE SEEN THE POSTER BOARDS AND THE STUFF. SHE HAD ONE FOR PRIDE DAY FOR 1969, HOW IT ALL STARTED AND YOU NEVER EVEN WALKED IN TO SEE IT. PRIDE DAY WAS SO IMPORTANT TO YOU AND YOU NEVER CAME IN. THAT'S SAD. AND TO MAKE THE CITY AND TAXPAYERS PAY THE MONEY FOR YOUR WANT WHEN YOU CAN DO IT JUST LIKE WE DO IT AND EVERYBODY ELSE DOES IT. I THINK THAT WE NEED TO JUST STAY WITH FAMILY DAYS. THE MARKET DAY DEFINITION IN IN THE DEFINITION BOOK, UH, DICTIONARY SAYS IT'S A DAY OF A WEEK WHEN THERE'S A REGULAR EVENT WHERE PEOPLE MEET IN ORDER TO BUY AND SELL THINGS, ESPECIALLY OUTDOORS AND IN A SPECIAL BUILDING AND USUALLY ON A SATURDAY. AND THAT'S WHAT IT SHOULD REMAIN A FAMILY DAY. THANK YOU ALL. THANK YOU. WE'RE ABOUT TO MAKE A STATEMENT OF FACT, CORRECT? YEAH, AS LONG AS IT'S A STATEMENT OF FACT. OKAY. STATEMENT OF FACT. WE HAD A COUNCIL MEETING THAT SATURDAY, SO THAT IS THE REASON WHY I WASN'T ABLE TO ATTEND STATEMENT OF FACT. JESSE ELIZONDO ALSO CLARIFIED THAT WITH DIRECT STAFF COSTS, INDIRECT STAFF COSTS, WHETHER A MARKET DAY IS THEMED OR NOT THEMED. IT IS $6,140 AND 50 CENTS TO PUT ON. OKAY. HONOR ALL THANK YOU FOR PARKER TO DO THAT. OKAY, WE'RE GONNA, WE'RE GONNA STOP. SHE ANSWERED ME. THANK YOU. YES, WE'RE GOOD. ALL RIGHT. UM, NEXT I HAVE MATTHEW MARSHALL. GOOD EVENING. THANK YOU. UM, IN REGARDS TO AGENDA NUMBER 18, BACK IN 2021, I LIVE IN SUNSET HILLS AREA AND BACK IN 2020 WE WERE TOLD THERE'S GONNA BE A PARK. I WOULD LIKE TO SEE A VOTE YES ON IT. UM, I UNDERSTAND THE NEED FOR AN ANIMAL CARE FACILITY. LAST DOG WAS LITERALLY OUT ROAMING IN OUR NEIGHBORHOOD. UH, SHE'S ARMS NOW. UM, YEAH, THAT'S PRETTY MUCH IT. THANK YOU. THANK YOU. UP NEXT I HAVE STEPHANIE MCDONALD AND CYNTHIA BOLDING HAS YIELDED HER THREE MINUTES TO ME. [00:40:01] I THANK YOU. GOOD EVENING, MAYOR FLORES CALE AND CITY COUNCIL MEMBERS, THANK YOU FOR THE OPPORTUNITY TO SPEAK TO YOU TONIGHT. I'VE ASKED FOR YOU TO MOVE ITEM ITEM 18 TO THE TOP OF THE DISCUSSION. I'D LIKE TO READ A PORTION OF SOMETHING THAT WAS SENT TO ME PERTAINING TO OUR CURRENT BUDGET SHORTFALL. THE ISSUES THAT CITY KYLE IS NOT. THE ISSUE IS NOT THAT THE CITY OF KYLE'S GOING BROKE THE ISSUES. THE GENERAL FUND, WHICH PAYS FOR CORE CITY SERVICES EXPERIENCED A SIGNIFICANT REVENUE SHORTFALL WHILE EXPENDITURES CONTINUED WITHOUT TIMELY CORRECTIVE ACTION IN FY 25. IT'S MISLEADING TO MINIMIZE THE GENERAL FUND DEFICIT BY COMPARING IT TO THE ENTIRE 604 MILLION ALL FUNDS BUDGET. MANY OF THAT INCLUDES CAPITAL PROJECTS, BOND FUNDED PROJECTS, UTILITY FUNDS, RESTRICTED OR ASSIGNED DOLLARS THAT CANNOT SIMPLY BE USED TO COVER GENERAL FUND OPERATIONS. NOT ALL MONEY SHOWN IN CITY FINANCIALS IS LIQUID, FLEXIBLE OR AVAILABLE TO SOLVE AN OPERATING DEFICIT. THERE WAS WEAK FORECASTING IN A COUPLE OF DEPARTMENTS, WHICH WAS A MAJOR REGION. REVENUES FELL SHORT THAT FORECASTING DID NOT ORIGINATE WITH THE FINANCE DEPARTMENT WITHOUT THE UNBUDGETED REVENUE WE RECEIVED IT WOULD'VE BEEN OVER 7 MILLION SHORT LAST FISCAL YEAR, PRIMARILY TO DO TO THE, TO THOSE INFLATED REVENUE PROJECTIONS. MEANWHILE, THE FINANCE DIRECTOR WAS PUBLISHING REPORTS WEEKLY AND MEETING MONTHLY WITH THE CITY MANAGER REGARDING THE CITY'S FINANCIAL CONDITION. THE RESPONSIBILITY TO RELAY THAT FINANCIAL CONDITION TO COUNCIL RESTED WITH THE CITY MANAGER WHO IS NOW THE FORMER CITY MANAGER COUNCIL, CANNOT MAKE TIMELY BUDGET CORRECTIONS OF INFORMATION NOT CLEARLY AND DIRECTLY BROUGHT FORWARD. BY THE TIME COUNSEL WAS EXPRESSLY NOTIFIED IN APRIL, THE PROBLEM HAD ALREADY BEEN COMPOUNDED. OF COURSE ACROSS MULTIPLE FISCAL YEARS. KYLE DREW DOWN FUNDS IN FY 24. KYLE DREW DOWN FUNDS AGAIN IN FY 25. WE ENDED FY 25 BELOW THE RESERVE THRESHOLD CARRIED A DEFICIT INTO FY 26 AND WITHOUT CORRECTIVE ACTION, WE'RE PROJECTED TO USE MILLIONS MORE FROM RESERVES. THAT IS NOT NORMAL. BUDGET MANAGEMENT, THE CHARTER ALSO IS IMPORTANT. KYLE'S CHARTER STATE CITY CHARTER STATES, THE RESERVE FUND MAY EXPEND BE EXPENDED ONLY FOR AN EMERGENCY AND IF USED MUST BE RESTORED AS SOON AS POSSIBLE, A REVENUE FORECAST THAT PROVES OVERLY OPTIMISTIC IS NOT AN EMERGENCY THAT JUSTIFIES USING RESERVES WHILE CONTINUING NORMAL SPENDING WITHOUT BRINGING CORRECTIVE OPTIONS TO COUNCIL. ONCE PROJECTIONS SHOWED REVENUES WERE GOING TO COME IN SHORT FOR THE YEAR, THE FORMER CITY MANAGERS SHOULD HAVE BROUGHT SPENDING REDUCTIONS, BUDGET AMENDMENTS OR CORRECTIVE PLAN TO COUNCIL CONTINUING TO SPEND AT THE SAME LEVEL. WHILE RELYING ON RESERVES WAS NOT RESPONSIBLE FINANCIAL MANAGEMENT, WHICH BY THE WAY, THERE WERE TWO MEETINGS PLANNED FOR BEFORE HE LEFT, WHICH HE CANCELED. CONVENIENTLY, THIS MATTERS FOR BOND RATINGS. IT IT JUST MATTERS. STRUCTURAL BALANCES, RESERVES LIQUIDITY, DEBT BURDEN, FINANCIAL CONTROLS AND MANAGEMENT PRACTICES. A CITY USING RESERVES TO COVER RECURRING OPERATING COSTS WHILE ALSO PLANNING ADDITIONAL BARRING CAN ABSOLUTELY CREATE READING PRESSURE. SO KNOW THIS IS NOT ABOUT PANIC, IT'S ABOUT ACCOUNTABILITY, TRANSPARENCY, MAKING SURE KYLE RESTORES ITS RESERVES, CORRECTS THE STRUCTURAL IMBALANCE AND GIVES COUNCIL RESIDENTS THE FULL FINANCIAL PICTURE GOING FORWARD. THE FULL CORRECTION IS THE 14.2 MILLION. THAT'S THE TOTAL AMOUNT TAKE TO PUT THE CITY BACK WHERE THE ADOPTED BUDGET EXPECT US TO BE. SO IF YOU'RE TRAVELING TO A DESTINATION FOUR MILES AWAY, BUT INSTEAD YOU GO 10 MILES PAST, THE WAY TO GET BACK TO WHERE YOU WERE IS TO DRIVE 14 MILES BACK TO THE SPENDING. THE STARTING POINT, THE BALANCE WE MAINTAIN ABOVE RESERVE LEVELS IS INVESTED. SO WE LOST CONSIDERABLE REVENUE ON THOSE INVESTMENTS BETWEEN LAST YEAR AND THIS YEAR BECAUSE OF THE DRAWDOWN. UM, OUR INTERIM CITY MANAGER EXPLAINED THAT DFE OF DEBT OR EARLY PAY DOWN DOES NOT NECESSARILY PROVIDE A TANGIBLE OR IMMEDIATE BENEFIT TO TAXPAYERS UNLESS THE DEBT IS PAID OFF. WE STILL HAVE THE REGULARLY SCHEDULED DEBT PAYMENT, WHICH MAKES UP THE INTEREST IN SINKING PORTION OF THE TAX RATE. THAT'S NOT SAYING THAT PAYING DOWN DEBT IS ALWAYS BAD, BUT IT CAN BE. D DIFFUSING DEBT LAST YEAR REQUIRED US TO RAISE OUR TAX RATE FOR RESIDENTS 27% TO THE MAX APPROVED UNDER THE 2022 ROAD BOND. SO WE JACKED UP PROPERTY TAXES, LOST REVENUE FROM INVESTMENT INCOME AND STILL HAVE TO CUT CITY SERVICES BECAUSE OF THOSE FINANCIAL POLICIES WHICH WERE RECOMMENDED BY BRIAN LANGLEY APPROVED BY THE COUNCIL. ANOTHER ISSUE IS THAT THE RESERVES USUALLY WOULD BE EARNING INTEREST. SO BY DIPPING INTO THE RESERVES DUE TO BOARD PLANNING, WE LOST THE INTEREST INCOME COUNCIL MEMBER LEY HARRIS CONTINUES TO LEAVE THIS OUT WHEN SHE CLAIMS THAT SHE AND THE REST OF THE FORMER COUNSEL SAVE THE TAXPAYERS MONEY BY PAYING DOWN DEBT EARLY. IT IS IRRESPONSIBLE TO PAY DOWN DEBT EARLY IF DEBT EARLY IF BY DOING SO YOU DON'T HAVE THE MONEY TO PAY OTHER OBLIGATIONS. PAYING DOWN OUR DEBT DEBT EARLY AFFECTED OUR TAX RATE. OUR INTERIM CITY MANAGERS TRYING TO BUDGET THE BALANCE, WHICH INVOLVES ELIMINATING REDUNDANT POSITIONS, CUTTING OTHER ITEMS. SO THE BUDGET SHORTFALL IS CORRECTED AS SOON AS POSSIBLE. SO ALL OF THIS THAT'S GOING ON, CUTTING EVENTS, ELIMINATING POSITIONS, [00:45:01] WE OVERSPENT, WE WENT INTO RESERVES, WE ARE IN TROUBLE. NOW YOU HAVE TO, THERE'S GONNA BE SOME PAIN INVOLVED IN CORRECTING THAT. UM, ALSO AMENDING RULES OF COUNCIL. I SEE THAT, UM, THE MAYOR HAS AUTHORITY OVER THE COUNCIL. SO WHEN YOU CREATE THESE RULES OF COUNCIL, PLEASE DON'T DIMINISH THE MAYOR'S ROLE THROUGH THE RULES OF COUNCIL. THAT WAS ITEM NUMBER 16. ITEM NUMBER 18, THE CAL VISTA PROPERTY. THANKS FOR LOOKING INTO THE DEED HISTORY OF THIS PROPERTY. I ASK THAT YOU VOTE TO UTILIZE THIS PROPERTY AS PARKLAND AS INTENDED. ALSO, PLEASE DON'T ALLOW THE ANIMAL SHELTER ON THIS PARTICULAR PROPERTY AS THE DEED EXPRESSLY PROHIBITS ANIMALS FROM THIS PROPERTY AND ALLOW THE COUNTY TO HANDLE THE DOG SHELTER. WE ARE ALREADY PAYING FOR IT THROUGH OUR COUNTY TAXES. AND, UM, I THINK THAT'S IT. THANK YOU VERY MUCH. I APPRECIATE IT YOUR TIME. THANK YOU. I HAVE NO MORE, UM, FORMS. WOULD ANYBODY LIKE TO COME UP AND SPEAK? MS. CYNTHIA BENTLEY. GOOD EVENING MAYOR AND OUR COUNCIL. MY NAME IS CYNTHIA BENTLEY. I'M THE CHIEF EXECUTIVE OFFICER OF THE NONPROFIT UNFORGETTABLE FAMILIES AND FRIENDS. WE HAVE BEEN A NONPROFIT SERVING OUR CITIZENS HERE IN KYLE FOR THE PAST 10 YEARS. WE HAVE VARIOUS OPPORTUNITIES TO HELP OUR CITIZENS, SUCH AS SCHOOL SUPPLIES, TENNIS SHOES, CHRISTMAS TOYS, UM, TENNIS SHOES, COATS, YOU NAME IT. IF WE GET A PHONE CALL AND SOMEONE SAY, I DON'T HAVE ANY FOOD, WE GO INTO ACTION AND MAKE SURE THEY GET FOOD OR ANYTHING ELSE THAT WE NEED. BUT RIGHT NOW WE ARE IN OUR SCHOOL SUPPLIES MOOD. YESTERDAY, UH, WE STARTED PUTTING OUT OUR BOXES TO COLLECT SCHOOL SUPPLIES. WE PUT OUT 12 BOXES IN KYLE AND WE HAVE ABOUT THREE BOXES IN BUDDA. THE SCHOOL SUPPLIES THAT WE COLLECT, SERVICE OUR CHILDREN IN HAYES COUNTY AND OUR LITTLE SURROUNDING AREAS. 'CAUSE SOMETIMES WE DO GET REQUESTS FROM OUTSIDE OF OUR AREA. AND ON AUGUST THE FIRST WE ARE GOING TO HAVE STUFFED THE BUS. OUR PARTNER IN THAT IS THE PHILOMENA, UH, NEW SIGMA SIGMA SORORITY CALLED AREA SENIOR ZONE. WE WILL BE AT WALMART ON AUGUST THE FIRST FROM 9:00 AM UNTIL ABOUT ONE COLLECTING SCHOOL SUPPLIES. WE ARE GONNA STUFF THAT PHILOMENA BUS WITH SCHOOL SUPPLIES JUST AS WE DID LAST YEAR, THE LAST FRIDAY, THE LAST SATURDAY IN JULY, WE WILL BE PARTNER WITH HAYES CARE SHOES OF HOPE. WE HAVE ABOUT 800 CHILDREN ON OUR LIST TO RECEIVE BRAND NEW TENNIS SHOES TO GO BACK TO SCHOOL ON AUGUST THE SECOND. WE WILL BE AT WALLACE ELEMENT MIDDLE SCHOOL, UH, GIVING OUT SCHOOL SUPPLIES, TENNIS SHOES, AND ALSO T-SHIRTS. HAIRCUTS. WE HAVE ABOUT 80 BARBERS THAT'S GIVING UP THEIR TIME. AUGUST THE SECOND IS A SUNDAY 'CAUSE THAT'S CONVENIENT FOR OUR BARBERS. WE ARE GOING TO HAVE HAIRCUTS, MANICURES, AND WE ARE GONNA EVEN CURL THE LITTLE GIRL'S HAIRS. AND SO IT'S GONNA BE REALLY, REALLY GREAT. IN ORDER FOR US TO DO THIS, WE HAVE TO HAVE FUNDING HUMP DAY, HAPPY HOUR WITH ALLISON AND HAYES. OH, I DON'T HAVE MY GLASSES ON. I GUESS WE DON'T. UM, WITH HAYES HOME TEAM, IT'S A REALTOR HERE IN KYLE. UH, THEY ARE SPONSORING THE HUMP DAY AT WILLIE'S. UH, WITH CAPELLI'S BARBER AND SALON, THE EVERYTHING THAT YOU ORDER ON THAT PARTICULAR DAY, A PORTION WILL GO TO UNFORGETTABLE FAMILIES AND FRIENDS FOR SCHOOL SUPPLIES. AND FROM FIVE UNTIL ABOUT SEVEN YOU COME. WE HAVE A NICE GATHERING OF BUSINESSES. SO IF YOU HAVE A BUSINESS AND YOU WANNA NETWORK, THAT'S A VERY GOOD NETWORK OPPORTUNITY. SO I'M EXIT EVERYBODY, ANYBODY WHO KNOWS OF A BUSINESS THAT WOULD LIKE TO HAVE A SCHOOL SUPPLY BOX BECAUSE LAST YEAR WE GAVE OUT 600 CHILDREN SCHOOL SUPPLIES AND THIS YEAR WE CAN SEE THAT WE WILL HAVE MORE. SO MY NAME IS CYNTHIA BENTLEY, PRESIDENT OF UNFORGETTABLE FAMILIES AND FRIENDS, A 5 0 1 C3 NONPROFIT SERVICE IN OUR FAMILIES IN HAYES COUNTY. OKAY, THANK YOU VERY MUCH. ALL RIGHT. I HAVE NO MORE FORMS. I COME ON UP. IF YOU COULD DO ME A FAVOR AND STATE YOUR NAME PLEASE. GOOD EVENING. GOOD EVENING. MY NAME IS EDDIE CLARK AND I LIVE AT SUNSET HILLS. SO GOOD EVENING MAYOR AND COUNCIL MEMBERS. UH, I WANNA FIRST OFF BY SAYING I APPRECIATE ROBERT HUNTER FOR STANDING UP FOR THE NEIGHBORS OF SUNSET HILLS AND HIS FAMILY YIELDING THEIR PERSONAL MINUTES FOR HIM TO CONTINUE TO ECHO THE [00:50:01] SENTIMENTS AND VOICE OF MEMBERS OF SUNSET HILLS. AND WITH THAT ALSO BEING SAID, IF THERE'S ANY TIME WHERE THE MINUTES THAT HAVE BEEN YIELDED TO HIM BECOME OF AN ISSUE, HE CAN HAVE MINE. AND IF THAT'S NOT GOOD ENOUGH, THEN I'LL READ WHAT HE WANTS ME TO ECHO BECAUSE HE DOES IT VERY WELL IF ANYONE HAS AN ISSUE WITH THAT. SO ALSO BY SAYING THIS, I WANNA START OFF BY SAYING YES TO ITEM NUMBER 18, THE PARK AND RECREATIONAL SERVICES. UM, AS I UNDERSTOOD WHEN I ALSO PURCHASED THE PROPERTY AND BUILT IT FROM THE GROUND UP AS OTHERS HAVE, THAT'S WHAT WE WAS TOLD TO US. THAT'S WHAT UNDER WHAT'S UNDERSTOOD. UM, SO I HAVE SOME CONCERNS 'CAUSE I THINK ABOUT A MONTH AGO WE HAD THIS SAME MEETING AND THERE WAS A PROBATION CENTER AND WE KIND OF WENT THROUGH THAT WHOLE PROCESS AND GOT BACK ON TRACK. AND IT SEEMS LIKE THERE'S A CONSISTENCY OF BEING ON TRACK AND GETTING OFF TRACK, WHICH I DON'T QUITE UNDERSTAND, ESPECIALLY FOR SOME OF THOSE WHO DON'T LIVE IN KYLE. I DON'T UNDERSTAND THAT. BUT ANYWAY, I'M HERE TONIGHT TO ACCESS TO YOUR SUPPORT THIS AGENDA ITEM AND TAKE THE NECESSARY STEPS TO PERMANENTLY REAFFIRM KYLE VISTA PARK AS LAND DEDICATED EXCLUSIVELY TO PARK AND RECREATIONAL PURPOSES. WHEN FAMILIES CHOOSE TO LIVE IN THIS NEIGHBORHOOD, THEY DO SO WITH THE UNDERSTANDING THAT THIS PARK EXISTS TO PROVIDE OPEN GREEN SPACE RECREATION AND SAFE PLACE FOR CHILDREN, FAMILIES, AND NEIGHBORS TO GATHER. IT IS PART OF WHAT MAKES SENSE FOR THE COMMUNITY SPECIAL. AS OUR CITY CONTINUES TO GROW, PARKS BECOME EVEN MORE VALUABLE, NOT LESS. ONCE PARKLAND IS DEVELOPED FOR OTHER PURPOSES, IS EXTREMELY DIFFICULT, IF NOT IMPOSSIBLE TO REPLACE. FUTURE GENERATIONS DESERVE THE SAME OPPORTUNITY TO ENJOY THE SPACE THAT RESIDENTS HAVE TODAY. THIS ISN'T ABOUT PREVENTING PROGRESS, IT'S ABOUT HONORING THE ORIGINAL PURPOSE OF THIS LAND AND RESPECTING THE EXPECTATIONS OF THE RESIDENTS WHO INVESTED IN THIS COMMUNITY. I RESPECTFULLY ASK THE COUNCIL TO REPEAL RESOLUTION NUMBER 1909, REAFFIRM THE PARKS TO CHAPTER 26 DESIGNATION AND ENSURE THAT KYLE VISTA PARK REMAINS DEDICATED EXCLUSIVELY FOR PARK AND RECREATIONAL USE. PLEASE PROTECT THE PARK AND OUR CHILDREN. WE HAVE A MIDDLE SCHOOL THERE AND A ELEMENTARY SCHOOL THERE. AND I KNOW THESE KIDS WILL ENJOY THIS OPPORTUNITY. THANK YOU FOR YOUR OBSERVATION. ALRIGHT, THANK YOU VERY MUCH. I HAVE A MIKE MCDONALD. I CAN SEE HIM. I WASN'T GOING TO SPEAK TODAY, BUT I WROTE SOME THINGS DOWN WHEN I GOT HERE. UM, REGARDING THE ROUNDABOUTS AND THE TRAFFIC SIGNAL INTERSECTIONS, I HAVE OVER 24 YEARS EXPERIENCE THESE DESIGNING TRAFFIC SIGNAL INTERSECTIONS, BOTH FOR THE CITY OF AUSTIN AND FOR TXDOT. I HAVE PERSONALLY DESIGNED OVER 200 SIGNAL LINES INTERSECTIONS WITH FOUR OF THOSE IN KYLE. TRAFFIC SIGNAL LINES, INTERSECTIONS COST BETWEEN 300 AND $600,000, DEPENDING ON ITS SIZE AND WHERE ITS LOCATION TRAFFIC SIGNALS CAN BE, CAN BE ENHANCED USING OVERLAPS. RADAR CAMERAS, CHANGING THE TIMING, UM, DIAMOND INTERSECTIONS AND DIVERGENT DIAMONDS AS WELL TO ALLOW FOR GREATER TRAFFIC FLOW. THERE ARE TRAFFIC SIGNALS ON FRONTAGE ROADS, US HIGHWAYS, STATE HIGHWAYS, COUNTY ROADS, URBAN STREETS, AND RURAL ROADS DESIGNED TO HANDLE DIFFERENT AMOUNTS OF TRAFFIC PER DAY. TRAFFIC SIGNALS WORK EVERYWHERE. THE CITY OF KYLE MAINTAINS APPROXIMATELY 20 SIGNALED INTERSECTIONS WITH NO FATALITIES IN THE PAST FEW YEARS. I'M NOT TRYING TO MAKE ANY LIGHT MAKE MAKING LIGHT OF ANY, ANY FE FATALITIES THAT HAVE HAPPENED IN THE PAST, BUT FOR HAVING OVER 20 SIGNALED INTERSECTIONS AND HAVING VERY FEW FATALITIES, I THINK THAT'S PRETTY, THAT'S, THAT'S WORTH THE TRAFFIC SIGNAL. INTER INTERSECTION PEOPLE, EVERYBODY USES TRAFFIC SIGNAL INTERSECTIONS. UM, THEY'VE BEEN AROUND FOR OVER 80 YEARS. UM, OKAY. UM, THAT'S, I, LIKE I SAID, I JUST WROTE A BUNCH OF STUFF DOWN. SO ROUNDABOUTS ARE AN ALTERNATIVE WAY TO MOVE TRAFFIC. EACH ONE COSTING BETWEEN TWO AND $7 MILLION EACH. YOU COULD BUILD BETWEEN THREE AND 12 SIGNALED INTERSECTIONS [00:55:01] FOR THE PRICE OF ONE ROUNDABOUT. ROUNDABOUTS ARE DESIGNED FOR LOW AND, UH, INTERMEDIATE AMOUNTS OF TRAFFIC FLOW SIGNALED INTERSECTIONS CAN HANDLE LOW TO HIGH TRAFFIC FLOW. THERE IS A POINT WHERE ROUNDABOUTS ARE NO LONGER PRODUCTIVE. THEY HAVE A SATURATION POINT UPSTREAM AND DOWNSTREAM TRAFFIC EFFECTS EFFICIENCY OF A ROUNDABOUTS. IF YOU HAVE A SIGNALED, UH, INTERSECTIONS ON ON ONE END AND IT, AND IT STARTS BACKING UP, IT'S GONNA BACK INTO THE ROUNDABOUT AND IT'LL, IT WON'T, UH, BE, IT WON'T WORK AS AS IT'S SUPPOSED TO BE. WHEN THE ROUNDABOUTS, UH, REACHES ITS SATURATION POINT, IT, IT'S NO LONGER FEASIBLE AND IT WILL HAVE TO BE REMOVED AND THE TRAFFIC SIGNAL WILL HAVE TO BE INSTALLED. HOW MUCH WILL IT COST TO REMOVE A ROUNDABOUT? WHY HAVE IT INSTALLED WHEN IT WILL HAVE TO BE REMOVED YEARS LATER? ALSO BRING AGENDA 19 FORWARD. THANK YOU. ALL RIGHT, THANK YOU. I DON'T HAVE ANY MORE FORMS. IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME UP AND SPEAK BEFORE WE CLOSE? CITIZEN'S COMMENTS? ALL RIGHT, SEE NONE. WE ARE GONNA CLOSE CITIZEN'S COMMENTS AND, UH, WE'RE GONNA GO TO [IV) Agenda Order] THE AGENDA ORDER. UM, I KNOW WE'RE GONNA HAVE TO PULL AGENDA ITEM NINE TO HAVE A DISCUSSION AND THAT'S GONNA GO, UM, UNDER CONSIDER AN POSSIBLE ACTION. AND THEN I HEARD AGENDA ITEMS 18 AND 19 TO BE PULLED UP. IS THERE ANY OTHER ONES THAT PEOPLE WOULD LIKE TO PULL UP? ALL RIGHT. 18 AND 19. WE'LL GO RIGHT AFTER CONSENT. ALL RIGHT, SO NEXT, UH, WE HAVE CONSENT [V) Consent Agenda] AGENDA. IS THERE ANYTHING THAT ANYBODY WOULD LIKE TO PULL FROM THE CONSENT? IF NOT, I'D LIKE TO MAKE A MOTION. GO AHEAD, MAYOR. I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE CONSENT. AGENDA ITEMS NUMBER 3, 4, 5, 6, 7, AND EIGHT AND WE'RE GONNA HOLD ON NINE SECOND. OKAY. I HAVE A MOTION BY MAYOR PRO TOBIAS AND A SECOND BY COUNCIL MEMBER MCKENNEY TO APPROVE. AGENDA ITEMS 3, 4, 5, 6, 7 8. ALL IN FAVOR SAY AYE. AYE. AYE. ALL OPPOSED? OKAY. MOTION PASSES. SEVEN ZERO. ALRIGHT, UP NEXT WE HAVE, UM, WE'RE GONNA PULL UP AGENDA ITEMS 18 AND 19. SO 18 [18) Discussion and possible action directing the Interim City Manager and the City Attorney to bring back a resolution to repeal Resolution No. 1909, adopted on September 16, 2025, regarding the Chapter 26 determination for Kyle Vista Property as well as an ordinance and all other documents and actions necessary to reaffirm and rededicate all City-owned tracts comprising Kyle Vista Park as official parkland dedicated exclusively for park and recreational purposes.] IS DISCUSSION AND POSSIBLE ACTION DIRECTING THE INTERIM CITY MANAGER AND THE CITY ATTORNEY TO BRING BACK A RESOLUTION TO REPEAL RESOLUTION NUMBER 1909, ADOPTED ON SEPTEMBER 16TH, 2025 REGARDING THE CHAPTER 26 DETERMINATION FOR KYLE VISTA PROPERTY, AS WELL AS AN ORDINANCE AND ALL OTHER DOCUMENTS AND ACTIONS NECESSARY TO REAFFIRM AND REDEDICATE ALL CITY OWNED TRACKS COMPRISING KYLE VISTA PARK AS OFFICIAL PARKLAND DEDICATED EXCLUSIVELY FOR PARK AND RECREATIONAL PURPOSES. THIS IS CO-SPONSORED BY MAYOR PRO TEM, MYSELF AND COUNCIL MEMBER GZA. SINCE THIS IS IN, UH, MAYOR PRO TE'S DISTRICT, I AM GONNA LET HIM LEAD THE CONVERSATION. OKAY, THANK YOU VERY MUCH. UM, THIS HAS BEEN A LONG CONVERSATION GOING ON FOR SEVERAL YEARS NOW, AND, UH, I'D LIKE TO ALSO THANK ALL THE RESIDENTS FROM SUNSET HILLS FOR RESPONDING TO A LOT OF THE EMAILS OF THE PROJECT THAT WAS GOING AROUND IN THAT AREA, INCLUDING WHAT THE HAYES COUNTY WAS LOOKING AT DOING AS WELL. BUT, UH, TO START OFF, AGAIN, THIS IS A DISCUSSION AND ACTION TO, UH, BRING A RESOLUTION TO THE UH, OF, UH, 1909. I WANTED TO GIVE A HISTORY IF I COULD GET A, OUR STORYTELLER, UH, SOMEBODY WHO'S BEEN HERE FOR MANY YEARS TO GIVE US A RUNDOWN OF KYLE VISA AND ITS BEGINNINGS. IF YOU DON'T MIND IF I COULD SEND THAT TO OUR INTERIM CITY MANAGER, UH, PROFESS MO HEATON, MAYOR PERAM, THANK YOU FOR THAT ADDITIONAL NEW TITLE. SO I'M GONNA TAKE YOU BACK TO 2010. THE YEAR 2010. IT'S, I JOINED THE CITY IN OCTOBER OF 2010. THEN DURING THE MONTH OF NOVEMBER, I MADE IT A POINT TO MEET WITH EVERY SINGLE DEPARTMENT HEAD THAT WE HAD IN THE CITY. I WAS NEW TO THE CITY ORGANIZATION, I WANTED TO GET TO KNOW THEM AND ALSO LEARN ABOUT THEIR DEPARTMENT OPERATIONS. ONE OF THE DEPARTMENT HEADS THAT I MET IN NOVEMBER FOR THE VERY FIRST TIME WAS OUR PARKS AND RECREATION DIRECTOR, CARRIE IC, A GENTLE SOUL, WAS DEDICATED TO THE COMMUNITY OF KYLE, A LONG TIME RESIDENT OF KYLE. [01:00:01] SO AS I LOOK BACK, I, I REMEMBER MEETING HIM FOR THE FIRST TIME IN THE FALCON ROOM RIGHT BEHIND US. I ASKED HIM ABOUT HIS DEPARTMENT, ABOUT HIMSELF, ABOUT HIS DEPARTMENT'S MISSION. SO AFTER ALL THAT DISCUSSION, I ASKED HIM VERY SPECIFICALLY, AS THE CITY'S NEW FINANCE DIRECTOR, HOW CAN I HELP YOU FURTHER YOUR DEPARTMENT'S MISSION? AND I WAS EXPECTING SOMETHING LIKE, I NEED MORE SPACE, I NEED LEASED VEHICLES, I NEED CREWS, I NEED LAWNMOWERS, STUFF LIKE THAT. SO THE VERY FIRST THING HE ASKED ME, AND YOU COULD TELL HE HIS EYES LIT UP, HIS BODY LANGUAGE CHANGED AND YOU COULD TELL HE WAS RELAXED AT THAT POINT. AND HE ASKED ME AS THE CITY'S FINANCE DIRECTOR, IF YOU CAN DO ONE THING FOR THE PARKS AND RECREATION DEPARTMENT, MY DEPARTMENT EMPLOYEES, THE PEOPLE I, MY DEPARTMENT SERVES AND MY CHILDREN WILL BE FOREVER GRATEFUL. AND I WAS THINKING, THINKING TO MYSELF, HOW MANY KIDS DOES THIS MAN HAVE? 'CAUSE HE TALKS ABOUT HIS CHILDREN. SO I ASKED HIM TO, TO EXPLAIN WHAT EXACTLY HE MEANT BY THAT. HE GOES, PAVES, LET ME TELL YOU SOMETHING, THAT I'VE BEEN TRYING TO DO SOMETHING HERE IN KYLE FOR THE LONGEST TIME. AND HE JOINED THE CITY AT THAT TIME, I BELIEVE HE JOINED THE CITY IN 2004 AND WE WERE TALKING IN 2010. HE GOES, THERE'S ONE THING YOU CAN DO FOR ME AND FOR MY CHILDREN AND FOR MY DEPARTMENT, WHICH IS FIND THE MONEY THAT I CAN BUILD A RECREATION CENTER ON KYLE VISTA PARK LAND THAT I'VE BEEN HANGING ON FOR THE LONGEST TIME. AND AS MOST OF YOU MAY KNOW, PASSED AWAY EARLIER THIS YEAR. UM, HIS DREAM NEVER CAME, CAME THROUGH. BUT HE WAS SUPER PROTECTIVE OF THAT PROPERTY. HE MADE IT VERY CLEAR TO ALL OF US AND INCLUDING ME THAT DAY THAT THAT PROPERTY WAS A DEDICATED PARKLAND. AND A FEW LA YEARS LATER. JUST TO KIND OF GIVE YOU ANOTHER EXAMPLE, HOW MUCH HE WAS PROTECTIVE OF THAT PROPERTY. OUR PUBLIC WORKS DIRECTOR NEEDED TO RUN A, I THINK IT WAS A WATER LINE OR WASTEWATER LINE THROUGH THE EDGE OF THAT PROPERTY. HARPER WILDER WAS OUR PUBLIC WORKS DIRECTOR AT THE TIME. AND THEY, BOTH OF THOSE MEN GOT ALONG JUST FINE. BUT WHEN HE CAME TO CAL VISTA PARK, NOBODY WAS GONNA TOUCH HIS PROPERTY AND RUN A LINE. HE MADE THE PUBLIC WORKS DIRECTOR GO JUMP THROUGH HOOPS TO GET THROUGH THE CHAPTER 26, UH, PROCESS. AND IT WASN'T EVEN THE MIDDLE OF THE PROPERTY. IT WAS A SLIVER, A CORNER OF HIS, OF THE EDGE OF THAT PROPERTY. HE PROTECTED THAT PROPERTY THAT MUCH. I WISH IN THOSE DAYS WE HAD THE MONEY TO HELP PAY FOR THAT RECREATION CENTER. HE HAD A PLAN, A CONCEPT PLAN. HE EVEN SAID AT ONE POINT HE HAD DESIGN 60% DESIGN OR 40% DESIGN. NOT TOO MANY OF THOSE OLD TIMERS ARE LEFT HERE IN THIS ORGANIZATION. JUST A HANDFUL OF US, UH, INCLUDING THE CITY ENGINEERS. SO I DON'T KNOW TO WHAT EXTENT LEON REMEMBERS THOSE DISCUSSIONS, BUT HE HAD A PLAN AND HE WANTED HIS CHILDREN. HE FINALLY EXPLAINED TO ME WHEN HE SAW THAT FUNNY LOOK UP MY FACE WHEN I WAS TRYING TO FIGURE OUT HOW MANY KIDS HE HAD BY CHILDREN, HE MEANT THE CHILDREN OF KYLE, IT DIDN'T MATTER. EAST, WEST, NORTH, SOUTH. HE WANTED A PLACE FOR THOSE KIDS TO COME PLAY BASKETBALL. HE WANTED THEM TO COME PLAY WHATEVER GAME THEY WANTED TO OFF THE STREETS, TAKE [01:05:01] 'EM OFF THE STREETS, KEEP 'EM BUSY DURING SUMMER, DURING OFF SCHOOL, DURING HOLIDAYS. AND IF I HAD A MAGIC WAND, I WOULD'VE GIVEN HIM THE MONEY HE WANTED AND I WOULD HAVE NAMED THAT FACILITY AFTER HIM. BUT HE WAS SUPER PROTECTIVE. I'M SURE HE IS WATCHING FROM ABOVE AND LISTENING TO THIS CONVERSATION TODAY. BUT IT LEFT ABSOLUTELY NO QUESTION IN MY MIND THAT THAT PROPERTY WAS NOT DEDICATED PARKLAND, WHETHER IT WAS RECORDED OR NOT. BUT EVERYBODY IN THE CITY GOVERNMENT KNEW THAT PROPERTY, STAFF WISE, THAT PROPERTY WAS DEDICATED FOR UH, PUBLIC PARK. SO THAT'S WHAT I RECALL. MAYOR PORT, I DON'T KNOW IF I ANSWERED YOUR QUESTION. YOU DID. AND I CAN ADD TO IT. UH, WHEN MY FAMILY MOVED BACK TO KYLE, 'CAUSE WE LIVED HERE FOR MANY YEARS AND I MOVED AWAY, WENT TO SCHOOL, STARTED A FAMILY, WE MOVED BACK TO KYLE IN 2004, WE MOVED. UM, WE LOOKED AT PLUM CREEK, SAID NO, MY WIFE'S LIKE, I CANNOT HAVE THOSE HOUSES RIGHT NEXT TO EACH OTHER. I'M SORRY, THOSE FENCES ARE WAY TOO CLOSE. SO WE LOOKED ON THE OTHER SIDE, EAST SIDE. SHE ACTUALLY JOINED THE PARKS BOARD, UH, BACK IN 2005. SO SHE VERY FAINT REMEMBERS A LOT OF THOSE CONVERSATIONS WHEN THEY HAD THAT, THAT THAT FIELD ON TOP OF THE HILL THAT WOULD SOMEDAY OVERLOOK THIS SMALL LITTLE TOWN. 'CAUSE BACK THEN WE WERE LIKE 30,000, MAYBE 25,000 PEOPLE BACK THEN. NOW WE'RE AT 66. THAT WAS WHERE WE WERE. THEY WERE GOING TO PUT THE ACTUAL REC CENTER. THEY WANTED TO PUT SOMETHING THERE WITH THE EAST SIDE SWIMMING POOL. 'CAUSE THEY WERE HAVING TALKS OF HAVING ONE DOWN AT GREG CLARK PARK AND THERE'S MARIO OVER THERE SHAKING HIS HEAD. REMEMBER THAT THERE WAS GOING TO BE A POOL OVER THERE, A TRAIL SYSTEM. AND AT THE SAME TIME, THAT WAS GONNA BE A NEW LOCATION, OR THE LOCATION WAS DEDICATED FOR A NEW MIDDLE SCHOOL CHOP CALLED ARMANDO CHOPPA MIDDLE SCHOOL. AND FOR HIS VISION, IT WAS LIKE, IT FITS PERFECT, RIGHT IN THAT AREA. YOU'RE GONNA HAVE THESE, THIS, UH, UP AND COMING NEIGHBORHOOD CALLED SUNSET HILLS THAT WAS JUST BARELY BREAKING GROUND. YOU HAD KIDSTON TRAILS, WHICH IS ONE OF THE OLDER ESTABLISHED NEIGHBORHOODS. AND SO IT WAS, IT WAS THERE AND I WAS TRYING TO AGAIN, UM, RE REMEMBER SOME OF THE CONVERSATIONS THAT WE HAD ABOUT THE PARKS WHEN, WHEN MY WIFE THERESA WAS ON IT, AND THAT LOCATION WAS THERE. SO WHAT PEOPLE NEED TO UNDERSTAND IT. I KNOW WE ARE GROWING AS A CITY, AND I KNOW WE ARE LOOKING AT, THERE'S GONNA BE OTHER FACILITIES THAT WE'RE GONNA NEED TO PURCHASE AND SO FORTH. BUT THIS TO US, FOR A LOT OF US HERE IN OUR CITY, AND I THINK WHEN WE TALK ABOUT PRESERVING HISTORY, LIKE DR. HARRIS DOES SO WELL, IT'S PRESERVING OUR PARKLANDS. AND, AND, AND THIS IS WHY WHEN WE WERE, UM, WHEN THE COUNTY DID COME TO US ABOUT THIS, I, I WAS IN, IN A WAY UNDERSTANDING WHAT THEIR MISSION WAS ABOUT BRINGING AN EAST SIDE CAMPUS. AND OF COURSE, UH, WE WERE ON THE CLOCK ON ABOUT AN ANIMAL SHELTER. BUT AT THE SAME TIME, WHEN I STARTED HEARING MORE FROM THE RESIDENTS AND STARTED DIGGING DEEPER AND DEEPER, I STARTED SAYING, WE NEED TO REALLY LOOK AT THIS AGAIN. AND, UM, AND IT, I THINK WHAT REALLY SOLIDIFIED IT IS WHEN, UH, I WAS GOING THROUGH SOME ISSUES, MEDICAL ISSUES, AND I'LL ADDRESS THAT, UH, SOON. AND, UH, MAYOR FLORES KALE WAS, WAS KIND ENOUGH TO DROP ME OFF SOME FOOD OR SOME SWEETSS OR SOMETHING LIKE THAT. AND I SAID, YOU GOT 10 MINUTES? I SAID, YEAH. HE GOES, LET'S GO TO THE PARK OVER THERE AND JUST GO LOOK. AND THERE WE WENT AND WE SAW THE RESIDENTS THAT WERE THERE, AND WE HAPPENED TO VISIT WITH THEM JUST TO LET 'EM KNOW, HEY, THIS IS SOMETHING THAT'S BEING PROPOSED BY THE COUNTY. THIS IS PROPOSED BY US. AND THEY WERE SAYING, WE'RE, WE'RE, WE'RE NOT, WE'RE CONFUSED ABOUT THIS. 'CAUSE THIS WAS ORIGINALLY DEDICATED PARKLAND FOR US. WE'VE GIVEN SOME OF OUR, OUR EASEMENTS RIGHTS AWAY AND SO FORTH. AND, UH, TO MAKE A LONGER STORY SHORTER, WE MET WITH THE RESIDENTS THERE AND, UH, THEY WERE TELLING US ABOUT THE VISION OF A, OF A PARK IN THE AREA. AND WE WERE STILL TRYING TO GATHER THE INFORMATION. AND WHAT WAS SOMETHING LIKE OUT OF A SCRIPT IN THE MOVIE, YOU COULDN'T HAVE WRITTEN A BETTER SCRIPT. AND YVONNE REMEMBERS THIS WHEN WE WERE TALKING WITH THIS OLDER LADY. SHE WAS SPEAKING SPANISH TO ME AND TELLING ME THAT THERE WAS A [01:10:01] GENTLEMAN HERE THAT PROMISED US OR SAID THIS WAS GOING TO BE A PARK FOR LOS NINO AND LOS NINAS, IT'S A PARK AND WE'RE TRYING TO FIGURE OUT WHO SHE WAS REFERRING TO. AND SHE HAD A SMALL LITTLE PURSE. SHE OPENED IT UP AND SHE PULLED OUT A CARD, A VERY OLD CARD, AND IT HAD CARRIE'S NAME ON IT. SHE SAID, THIS MAN RIGHT HERE, I HAVE BEEN WAITING FOR HIM TO COME AND BUILD US A PLAYGROUND FOR OUR KIDS. NOW OUR KIDS ARE GROWN AND WE HAVE GRANDKIDS AND WE ARE STILL WAITING, BUT WE KNOW ONE DAY AS THE OLDER, I GET IT, IT'S GONNA HAPPEN, MR. IT'S GONNA HAPPEN ONE DAY. AND THAT RIGHT THERE WAS, THIS IS WHY WE'VE GOTTA CONTINUE TO PRESERVE OUR GREEN SPACE IN OUR PARK AND LISTENING TO OUR RESIDENTS ENFORCE SAYING, THIS IS WHAT WE WERE PROMISED. WE HAVE TO REALLY HONOR THAT. AND THAT'S WHY, UM, MAYOR FOR AND COURTNEY GOES, ARE, UH, HELPING WITH THIS. AND SO I'LL THEN TURN IT OVER TO THEM. ALL RIGHT. THANK YOU. UM, SO MAYOR PRO TOBIAS, COUNCIL MEMBER GZA AND I BROUGHT THIS ITEM FORWARD BECAUSE CIRCUMSTANCES HAVE CHANGED. THE RECENT NOTICE FROM HAYES COUNTY TERMINATING THE MEMORANDUM OF UNDERSTANDING REGARDING THE PROS PROPOSED EASTSIDE CAMPUS AT KYLE VISTA PARK PRESENTS AN OPPORTUNITY FOR THE CITY TO REVISIT, TAKEN, UH, ACTIONS TAKEN IN SUPPORT OF THAT PROJECT. THE COUNTY HAS FORMALLY DISCONTINUED ITS PURSUIT OF THE CAL VISTA LOCATION FOR THE ADMINISTRATIVE CAMPUS WITH THE MOU SCHEDULE TO TERMINATE EFFECTIVE SEPTEMBER 23RD, 2026. AND FOR THAT REASON, WE BELIEVE IT IS APPROPRIATE TO BEGIN THE PROCESS OF RESENDING THE CHAPTER 26 RESOLUTION, WHICH WAS ADOPTED ON SEPTEMBER, 2025 AND RESTORING THE FULL DEDICATION OF KYLE VISTA PARK AS OFFICIAL PARKLAND. OUR INTENT IS NOT TO BYPASS DISCUSSION, BUT TO ENSURE THAT THE COUNCIL IS POSITIONED TO CONSIDER THE NECESSARY ORDINANCE AT THE NEXT REGULAR MEETING WHEN STAFF IS ALREADY SCHEDULED TO PROVIDE A COMPREHENSIVE PRESENTATION ON THE HISTORY OF KYLE VISTA PARK, INCLUDING ITS ACQUISITION, PRIOR, PRIOR COUNSEL ACTIONS AND LEGAL HISTORY. SO THE REASON WHY WE PUT IT ON THIS AGENDA IS SO WE CAN, FOR ANY TIME THAT WE NEED TO APPROVE AN ORDINANCE, IT HAS TO BE PLACED ON THE NEXT AGENDA. SO WE'RE JUST TIMING IT WITH THE PRESENTATION. THERE'S ALSO BEEN SOME MISINFORMATION SUGGESTING THIS ITEM IS AN EFFORT TO PREVENT THE CONSTRUCTION OF AN ANIMAL SHELTER. THAT IS SIMPLY NOT THE CASE. ALL THREE OF US THAT SPONSORED THIS ITEM SUPPORT THE DEVELOPMENT OF A MODERN ANIMAL SHELTER FOR OUR COMMUNITY. OUR CONCERN HAS NE HAS NEVER BEEN WHETHER KYLE SHOULD BUILD AN ANIMAL SHELTER. IT ABSOLUTELY SHOULD. OUR CONCERN IS WHETHER KYLE VISTA PARK IS THE APPROPRIATE LOCATION. AMONG THE ISSUES THAT DESERVE CAREFUL CONSIDERATION ARE THE EXISTING DEED RESTRICTIONS AFFECTING P PORTIONS OF THE PROPERTY, INCLUDING RESTRICTIONS RELATED TO CERTAIN CLASSES OF ANIMALS, AS WELL AS A LONG-TERM PRESERVATION OF DEDICATED PARKLAND. THE PURPOSE OF BRINGING THIS ITEM FORWARD NOW IS TO ACKNOWLEDGE THE CHANGED CIRCUMSTANCES RESULTING FROM THE COUNTY'S WITHDRAWAL, PRESERVE THE COUNCIL'S ABILITY TO ACT AND TO ENSURE THAT ANY FUTURE DISCUSSION REGARDING KYLE VISTA PARK OCCURS AFTER COUNSEL AND THE PUBLIC HAVE RECEIVED A COMPLETE HISTORICAL AND LEGAL PRESENTATION FROM STAFF, WE BELIEVE RESIDENTS DESERVE A THOUGHTFUL, TRANSPARENT PROCESS BASED ON FACTS BEFORE PERMANENT DECISIONS ARE MADE ABOUT ONE OF KYLE'S MOST SIGNIFICANT PUBLIC PARKS. AND WITH THAT, I'LL TURN IT OVER TO COUNCIL MEMBER DOZA. THANK YOU MAYOR. UM, MY CON COMMENTS ON THIS ARE RELATIVELY SHORT. I WANT TO GO MORE INTO SOME INFORMATION ABOUT THE RESTRICTIONS THAT ARE ON THERE. UM, THERE IS A COMMERCIAL RESTRICTION. THERE IS ALSO A RESTRICTION AGAINST ANIMALS KEPT IN SUCH NUMBERS THAT THEY MAY BE SHOWN TO BE A NUISANCE. UM, IT IS A HUGE CONCERN THAT IF WE PROCEEDED TO BUILD ON THIS SAYING, OH WELL IT'S A MUNICIPAL BUILDING, OH, YOU KNOW, WE DON'T NEED TO WORRY ABOUT THOSE DEED RESTRICTIONS, THAT THE CITIZENS, THE RESIDENTS WHO ARE OUT THERE COULD DEFINITELY SUIT ENFORCE THOSE DEED RESTRICTIONS. AND THEN IF WE'VE ALREADY BUILT OUT THERE, WE HAVE WASTED TONS OF MONEY. SO THAT IS PART OF WHAT THIS CONCERN IS, IN ADDITION TO THE WILL OF THE RESIDENTS THAT ARE OUT THERE WHO DEEDED US SOME PORTIONS OF LAND IN ORDER TO COMPILE THAT ENTIRE PARK SPACE IN ADDITION TO THE PROMISES MADE BY THE CITY. SO IT'S MY CONCERN THAT THE CITY ADHERE TO ITS PROMISES TO ITS CITIZENS AND LOOK FOR A DIFFERENT LOCATION FOR THIS ITEM. AND IF I JUST MIGHT ADD, IF YOU DON'T MIND, I KNOW I WAS GONNA BRING THIS UP IN AUGUST 'CAUSE I BELIEVE WE'RE GONNA BE HAVING THE ANIMAL SHELTER CONVERSATION THEN, BUT I'D LIKE TO READ TO YOU GUYS AN EMAIL THAT I WROTE. [01:15:02] ACTUALLY, IT'S THE DAY AFTER YOUR ELECTION, SUNDAY, DECEMBER 15TH AT 1:47 PM 'CAUSE I THINK WE JUST BARELY GOT NOTICE THAT, UH, THE ANIMAL SHELTER IS BASICALLY SAYING WE CAN'T TAKE ANYBODY ANYMORE, INCLUDING BUTTA SUNDAY, DECEMBER 15TH, 2024. THIS IS ALMOST TWO AND A HALF YEARS AGO. THIS WENT TO BRIAN LANGLEY AND I CC TRAVIS MITCHELL, JEFF BARNETT 'CAUSE HE'S WITH CODE ENFORCEMENT AND ALSO WITH THE ANIMAL, UH, DIVISION JESSE. AND I SAID, POSSIBLE LOCATION FOR AN ANIMAL SHELTER WAS THE SUBJECT. GOOD AFTERNOON, BRIAN AND JESSE. I'M TRYING TO GET AHEAD OF THE GAME AS WE ARE ON THE CLOCK AS WE BEGIN DISCUSSION OF POSSIBILITIES OF LAND SITES FOR AN FOR THE ANIMAL SHELTER. HERE'S AN AREA THAT I'VE BEEN ON THE RADAR FOR SEVERAL YEARS AS A MIXED USE. IT'S IN DISTRICT SIX OFF BB ROAD, BUT IT'S NOT THE VISTA PARK BY THE WAY. IT'S ON THE OTHER SIDE. BRAINSTORMING. I DROVE OUT TO THIS LOCATION JUST LIKE I DROVE OUT TO LOOK FOR THE SENIORS BUILDING. I DROVE OUT TO THIS LOCATION. MY THINKING. THIS SITE COULD BE A POTENTIAL TWO ENTRANCES WITH TWO EXIT POINTS. AND I BELIEVE IT'S 10 ACRES L-SHAPED OFF TWO MAJOR ROADS NORTH AND SOUTH OF DACY AND EAST OF BIBE. AND I THINK, WELL, I CAN'T REMEMBER IS WHEN WE WERE TALKING ABOUT SOME APARTMENTS THAT MIGHT BE GOING THERE. REMEMBER THAT? OKAY. THAT LOCATION, NOT THESE APARTMENT. THE YELLOW IS THE LAND BOUNDARIES AND RED COULD BE THE ENTRANCE AND EXITS. I BELIEVE THIS LAND DEVELOPMENT HAS BEEN IN STANDSTILL FOR SOME TIME. NOW. FOLLOW UP WITH WILL AND VICTORIA. SOMETHING TO CONSIDER AS WE LOOK AROUND FOR SITES ACCESSIBILITY AND INFRASTRUCTURE. I WOULD LIKE TO BRING THIS AS A POSSIBLE DISCUSSION FOR AN AGENDA ITEM. IF THIS AREA IS AVAILABLE. I CC TRAVIS AND THE CHIEF AS WELL FOR ANY FEEDBACK. THANKS MICHAEL. SO I DON'T WANT ANYBODY OUT THERE TO SAY MICHAEL, TOBIAS HAS BEEN AGAINST AN ANIMAL SHELTER THIS WHOLE TIME FOR TWO AND A HALF YEARS I'VE BEEN DISCUSSING THIS. AND WHEN WE FINALLY HAD THAT DISCUSSION, IT WAS DURING THE WORKSHOP, BUT RIGHT AFTER THAT, BEFORE WE EVEN WENT PAST FURTHER, I BELIEVE WE STARTED TALKING ABOUT A TREE AND SO FORTH AND OTHER THINGS. AND IT KIND OF GOT SIDETRACKED. SO THIS GOES BACK TWO AND A HALF YEARS AGO ABOUT ME, MYSELF TAKING THE RESPONSIBILITY, FINDING SOLUTIONS AS A COUNCIL MEMBER ABOUT AN ANIMAL SHELTER BECAUSE I SEE THE NEED FOR IT. SO I DON'T WANT ANYBODY TO EVER CRITICIZE ME OR, OR CONDONE ME THAT I HAVEN'T DONE MY PART. 'CAUSE I STARTED TWO AND A HALF YEARS AGO. AND I KNOW I SAY IT SOUNDS A LITTLE CYNICAL SAYING, UH, AGAIN, THERE WAS ANOTHER EMAIL THAT I SENT OUT NOT TOO LONG AGO AS WELL, AND IT HAPPENED TO BE VERY UPDATED. UM, ACTUALLY JUST THIS PAST WEEK. IT'S BEEN OVER SINCE TWO MONTHS NOW SINCE THE COUNCIL AGREED TO PARTNER WITH THE MOU, WITH THE CITY OF BUTA AND HAYES COUNTY ON A FUTURE ANIMAL SHELTER. I'M ASKING STRAIGHT UP, WHERE'S THE CITY'S CURRENT POSITION, INCLUDING ANY ACCURATE FUNDING ON THIS AGREEMENT, BECAUSE IT'S GONNA COST US MONEY. IT'S GONNA COST US MONEY NO MATTER WHAT IT IS. WHOEVER, WHETHER WE PARTNER WITH WHOEVER I SPECIFICALLY ASKED, LAST CONVERSATIONS WE'RE HELD BETWEEN BUTTA AND THE COMMISSIONER'S COURT. HAVE YOU TALKED TO BE YET? OKAY, WHO ARE THE NAMES AND THE TIMES AND LOCATIONS WHEN THE CONVERSATIONS WERE HELD, ANY NEW ALTERNATIVE OR SECOND POSSIBLE LOCATIONS CONSIDERED? AND NUMBER FOUR, THE TIMELINE, IF ANY, ON MOVING FORWARD FROM A CITY STANDPOINT. AND I PUT IN THERE OVERALL, WHERE ARE WE IN REAL TIME WITH THIS PROJECT? I CAN BRING AS AN AGENDA ITEM FOR DISCUSSION, AGAIN, REFERENCING THIS PROJECT FOR THE NEXT MEETING IF NEEDED. BUT I THINK WE GOT DIRECTION JUST THIS WEEK THAT IT'S GOING. THESE ITEMS ARE GONNA BE BROUGHT FORTH, I BELIEVE IN AUGUST, CORRECT SIR? YES. UH, IT'LL BE UH, JULY 30TH. JULY 30TH. SO WE'RE GONNA FINALLY HAVE DISCUSSIONS ON THAT. SO I NEED PEOPLE TO UNDERSTAND THAT COURTNEY GZA, MYSELF, MEDINA, AND YVONNE AND EVERYBODY HERE NEEDS TO UNDERSTAND, WE UNDERSTAND THERE IS A CRISIS AT THAT SAN MARCUS ANIMAL SHELTER. WE UNDERSTAND THERE IS A NEED FOR AN ANIMAL SHELTER. HOW WE TEAM UP WITH THE COUNTY OR BUTA? HAVE WE HAD THOSE CONVERSATIONS YET AT ALL? AND IF WE DIDN'T, WE DIDN'T. AND IF THEY SAY WE'RE NO LONGER DEALING WITH YOU GUYS ANYMORE, [01:20:01] THEN SO BE IT. THEN WE NEED TO TAKE THE TORCH AND CARRY IT FROM THERE. BUT I NEED FOR PEOPLE TO UNDERSTAND WHEN IT COMES TO THIS SPECIFIC PROJECT, WE ARE NOT SLOWING DOWN. BUT WHAT WE'RE DOING NOW IS, AGAIN, GOING BACK TO THE ORIGINAL CONVERSATION OF GETTING A RESOLUTION ADOPTED FOR THIS KYLE VISTA PROPERTY. ALL RIGHT. DISCUSSION, COUNCIL MEMBER MCKINNEY. ARE WE OFF SCRIPT NOW? YEP. ALRIGHT. UM, I'M NOT FUNDAMENTALLY OPPOSED TO DEDICATING IT STRICTLY FOR PARK USE, BUT UH, WITH A PRESENTATION COMING AT THE END OF THIS MONTH, I'M NOT COMFORTABLE MAKING A DECISION ON ANYTHING BEFORE A PRESENTATION'S BEEN MADE. YEAH, THIS IS, SO THE ORDINANCE IS GONNA COME BACK. WE'RE NOT APPROVING THIS RIGHT NOW, SO IT'S GONNA COME BACK TO US AND THEN WE'RE GONNA VOTE FOR IT. THIS IS FOR STAFF TO BRING IT BACK. MM-HMM . SO WHAT ARE WE DOING TODAY? TODAY WE'RE JUST ASKING THE INTERIM CITY MANAGER AND THE ATTORNEY TO BRING BACK A RESOLUTION THAT REPEALS THE RES UH, THE PREVIOUS RESOLUTION. BUT TECHNICALLY A CHAPTER 26 SHOULD BE AN ORDINANCE. SO THEY'RE GONNA ALSO BRING BACK THE ORDINANCE TO SAY THIS IS DEDICATED PARKLAND. YEAH. WITHOUT THAT, UH, PRESENTATION ON THE 30TH, I DON'T KNOW THAT THAT IS THE ABSOLUTE BEST PROCESS OR NOT. I MEAN, THAT I FEEL LIKE WE'RE PUTTING THE CART BEFORE THE HORSE. WE'RE NOT, WE'RE NOT VOTING TO DO IT. WE'RE VOTING TO HAVE THEM BRING IT BACK SO THEN WE CAN MAKE A VOTE. OKAY. I JUST DON'T KNOW WHY WE'RE NOT HAVING THEM BRING IT BACK AFTER WE HEAR THE PRESENTATION, BECAUSE THEN WE'D HAVE TO WAIT TILL THE NEXT MEETING TO BRING THAT ORDINANCE BACK. SO IF WE COULD JUST, WE WOULD HAVE THIS, WE WOULD'VE THE PRESENTATION BEFORE THIS. AND IF WE LOOKED AT THE PRESENTATION, I'M NOT UNDERSTANDING THE NEED FOR THE RUSH. I MEAN, WE'RE NOT, WE WE'RE NOT PLANNING ON ANYTHING IN PARTICULAR RIGHT NOW ON THAT SPACE, UH, UNDER, EXCEPT FOR THE ANIMAL SHELTER, WHICH I THINK EVERYBODY KNOWS. THERE'S KIND OF A RUSH ON THAT. WELL, THAT'S KIND OF BEEN PUT ON PAUSE BECAUSE OF THE, THE MOU. NO, I DON'T THINK THE ANIMAL SHELTER WAS PUT ON PAUSE. ONLY THE THE COUNTY CAMPUS. SO THE M MO THE, WE HAVE AN ILA WITH THE, WE DON'T HAVE AN MOU, WE HAVE AN ILAA. SO WE'RE SAYING YES, WE ARE IN AGREEMENT, WE'RE GONNA DO THAT. THAT'S NOT BEING DISCUSSED. WE'RE NOT SAYING NO ANIMAL SHELTER. WHAT WE'RE SAYING, I THINK PEOPLE ARE CONVOLUTED THE TWO ISSUES. MM-HMM . SO THE DEDICATED PARKLAND IS ONE AND THEN ANOTHER AS, UH, COMMISSIONER WALT SMITH SAID WE HAVE AN ILA. IT DOESN'T SAY WHERE IT HAS TO BE. WELL, I THINK BEFORE WE HAMSTRING, UH, FUTURE COUNCILS, WE SHOULD HAVE A CONVERSATION ABOUT WHERE THAT WILL BE. OKAY. ANY OTHER DISCUSSION? COUNCIL MEMBER SAVADA, I AGREE WITH THE SENTIMENTS OF COUNCIL MEMBER MCKINNEY IN THAT WE HAVE THIS THAT WE'RE DISCUSSING RIGHT NOW, AND THERE SEEMS TO BE A LOT OF CONFUSION AS TO THE SIZE OF THE TRACKS BECAUSE KYLE VISTA PARK IS COMPRISED OF THREE DIFFERENT TRACKS. AND IF YOU ARE LOOKING AT THE MAPS FOR THE PROPOSED LOCATION OF THE CURRENT ANIMAL SHELTER, IT SITS ON THE SMALLEST PIECE OF TRACK WITHIN THOSE THREE TRACKS OF LAND. SO YOU HAVE TWO TRACKS THAT COMPOSE THE REMAINING 85% OF THAT LAND THAT ARE COMPLETELY OPEN. IT HAS ALWAYS BEEN, OF MY BELIEF, WHY COULDN'T WE BUILD AN ANIMAL SHELTER AND A RECREATIONAL CENTER ON THAT SAME PIECE OF LAND SO THAT WE CAN ALSO INTEGRATE, UH, SERVICES BETWEEN THOSE TWO AND HAVE A SORT OF REHABILITATION, UM, FOR, UH, YOUNG KIDS BEING ABLE TO PARTNER WITH THE ANIMAL SHELTER AND WHATNOT AND HAVE IT BE A MORE WELL BALANCED COMMUNITY FOCUSED AREA. SO THERE SEEMS TO BE A LOT OF CONFUSION AS TO THE SIZE OF THIS AND THE LOCATION OF THIS, BECAUSE IN ADDITION TO THAT, IT, I, I WENT OUT THERE AND FROM THE CLOSEST PROPERTY, THE, THE CLOSEST BACK OF SOMEONE'S YARD, IT IS 0.6 MILES AWAY FROM WHERE THE ANIMAL SHELTER IS PROPOSED AND IT'S ACROSS A PIECE OF LAND ON ANOTHER SIDE OF A STREET. AND I'VE LOOKED UP AND DONE MY RESEARCH AS TO WHETHER OR NOT, LIKE WHAT WOULD CONSTITUTE A NUISANCE BECAUSE I DO TAKE THIS SERIOUSLY, WHETHER THAT BE SMELL, SIGHT SOUND, I, I WAS CONSIDERING ALL OF THAT. AND THERE HAS BEEN THOROUGH EVIDENCE PUT OUT CONSISTENTLY NATIONALLY AND USED ACROSS THE STATE AS WELL AS THERE HAVE BEEN OTHER FACILITIES BUILT IN NEIGHBORHOODS, ACTUALLY QUITE LITERALLY. BERNIE, TEXAS IS AN EXAMPLE. UM, AND THERE ARE WAYS IN WHICH YOU DESIGN THESE FACILITIES SO THAT WAY THEY'RE INSULAR. AND SO YOU CAN'T REALLY HEAR OR SMELL OR SEE A LOT OF THE ISSUES THAT WOULD THEREFORE CONSIDER IT A [01:25:01] NUISANCE. SO FOR EXAMPLE, WE JUST HAD A TRAIN PASS OUTSIDE DURING THE MIDDLE OF PUBLIC COMMENT. IT DID NOT BLOW A HORN. THAT TRAIN ACTUALLY PUTS OFF MORE SOUND THAN AN ANIMAL SHELTER DOES. AND WE COULD HEAR EVERYTHING HAPPENING CLEARLY IN HERE AND BARELY HEARD THE TRAIN PASSING OUTSIDE. SO THERE ARE WAYS FOR US TO BE ABLE TO APPROACH THE BUILDING OF THIS ANIMAL CENTER, AN ANIMAL CENTER IN A WAY THAT SATISFIES THE NEEDS OF RESIDENTS. AND LIKE I SAID, I THINK THAT IT IS ALSO WITHIN OUR ABILITY BECAUSE THE EAST CAMPUS IS NO LONGER GOING THERE. AND THAT WAS GOING ON THE LARGEST TRACT OF LAND. WE CAN MAKE A RECREATIONAL CENTER THERE AND I WOULD LIKE TO HAVE INTEGRATIVE SERVICES SO THAT WAY KIDS HAVE THE ABILITY TO REHABILITATE WITH ANIMALS AND, AND GO OUT AND WALK THEM TOGETHER. I CAN SEE THAT BEING A BEAUTIFUL PARTNERSHIP YOU BRING HAS CISD IN. THAT WOULD BE SOMETHING GREAT FOR US TO HAVE. HOWEVER, PUSHING THIS ITEM SO THAT WAY IT IS OCCURRING THAT WE RECEIVE A REPORT CON, WHICH WAS BROUGHT FORTH, WHICH WILL CONSIDER THE ENTIRE HISTORY OF THE PROPERTY, ALL OF THE DEED RESTRICTIONS, PLA BEING PLACED ON CERTAIN TRACKS BECAUSE IT IS ALSO MY UNDERSTANDING THAT THE DEED RESTRICTIONS DON'T APPLY MAYBE PERHAPS TO THE PIECE OF TRACK THAT THE CITY ACTUALLY BOUGHT. UM, BUT WE DON'T KNOW ANY OF THAT UNTIL WE ACTUALLY RECEIVE THIS PRESENTATION ON, I GUESS JULY 30TH NOW. SO WE ARE GOING TO RECEIVE THAT PRESENTATION. COUNSEL WILL RECEIVE ALL OF THE FACTS AS CLEAR AS DAY. RESIDENTS WILL RECEIVE ALL THE FACTS CLEAR AS DAY. AND THEN THAT EXACT SAME DAY BEFORE WE'RE ALLOWED TO ACTUALLY FURTHER DIVE DEEPER AND REQUEST FOLLOW UP INFORMATION. WE'RE GOING TO BE ASKED TO MAKE A DECISION ON AN ORDINANCE THAT EXACT SAME DAY, NOT ALLOWING ANYONE TO PROPERLY VET AND UNDERSTAND THE DIFFERENT OPTIONS THAT EXIST, THE DIFFERENT RESTRICTIONS THAT EXIST, WHAT LEGALLY DO WE HAVE TO ABIDE BY AND WHAT WE DON'T. SO IT IS SOMETHING THAT I WANT TO MAKE SURE THAT WE ARE RESPONDING AND LISTENING. AND I DO HEAR RESIDENTS, I AM LISTENING. TRUST ME, I, I'M, I'M TRYING TO FIGURE OUT HOW WE BEST BALANCE THIS AND HOW WE ANSWER THE ISSUES THAT ARE BEING BROUGHT FORWARD. HOWEVER, PUSHING AND FORCING THE HANDS OF COUNSEL BY BRINGING THIS AGENDA ITEM UP TO MAKE A DECISION THE EXACT SAME TIME THAT WE ARE BARELY EVERY SINGLE ONE OF US LEARNING ALL THE EXACT SAME FOUNDATIONAL FACTS IS A HASTY DECISION. AND I WANNA MAKE SURE THAT WHATEVER IT IS THAT WE DO, BECAUSE STAFF HAS ALREADY PREPARED THIS PRESENTATION, I WANNA MAKE SURE THAT WHATEVER IT IS THAT WE DO, WE ALLOW NOT ONLY COUNCIL, BUT RESIDENTS ENOUGH TIME TO BE ABLE TO SEE THE DIFFERENT OPTIONS THAT WE HAVE PUT FORTH BEFORE US. ALL RIGHT, THANK YOU. ANY OTHER COMMENTS? COUNCIL MEMBER HARRIS? I AGREE THAT THIS PARTICULAR ACTION, UM, IS, SHOULD BE DELAYED. I WOULD REALLY LIKE TO SEE THE DEEDS ON THE PROPERTY IF THEY'RE DIFFERENTLY DEEDED. I THINK WE NEED TO KNOW THAT I WOULD HE HESITATE TO DELAY THE ANIMAL SHELTER AT ANY POINT. UM, THERE WAS AN EFFORT TO DELAY IT, UM, EVEN BEFORE THE MAYOR WAS ON THE COUNCIL. UM, AND WE CHOSE NOT TO DELAY IT. I'M GLAD THAT WE HAVE CONTINUED WITH THE EFFORT TO ASSURE THE ANIMAL SHELTER. UM, NOTTER, NOT OPPOSED IF WE FIND THAT, UH, THE VISTA PROPERTY IS NOT THE BEST RESOURCE. WE HAD A STUDY DONE, UM, PROFESSIONALLY THAT, UM, LOOKED AT SEVERAL DIFFERENT PROPERTIES, FIVE AND THEN NARROWED IT TO THREE. AND THIS WAS, UM, DEEMED TO BE THE BEST OPTION FOR THIS PARTICULAR PROPERTY, FOR THE PROPERTY AND FOR THE ANIMAL SHELTER. SO, YOU KNOW, THAT WAS WORK THAT WAS, UM, STUDIED. THE TRAFFIC WAS STUDIED, WHERE IT WAS, WAS STUDIED. I DON'T KNOW IF THE DEEDS WERE STUDIED BECAUSE I HAD NEVER HEARD THIS BROUGHT UP BEFORE. UM, AND I WOULD REALLY LIKE TO STUDY THOSE DEEDS AS WELL. SO I WOULD LIKE TO HAVE THIS DELAYED, UH, NOT VOTE ON IT THIS EVENING. OKAY. ANYBODY ELSE? COUNCILMAN MEDINA. SO COULD I GET CLARIFICATION ON WHAT EXCLUSIVELY FOR PARK AND RECREATIONAL PURPOSES WOULD BE? IS THAT RECREATIONAL OUTDOOR STRICTLY RECREATIONAL OR IS THAT GOING TO CONSIST OF SOMETHING LOOKING LIKE AN INDOOR RECREATIONAL ACTIVITY CENTER, COMMUNITY TYPE CENTER FOR INDOOR RECREATION OR JUST NO INDOOR BUILDINGS WHATSOEVER? YOU WANNA KNOW WHAT IT'S GONNA LOOK LIKE? YEAH. LIKE WHEN YOU'RE SAYING IT'S OFFICIAL PARK LAND DEDICATED EXCLUSIVELY FOR PARK AND RECREATIONAL PURPOSES, DOES THAT MEAN NO BUILDINGS PERIOD? JUST HAVE RECREATION IS FOR THOSE OF US WHO HAVE DONE THE RESEARCH, THERE ARE COMMERCIAL, UM, LIMITATIONS ON IT. SO YOU CANNOT PUT A COMMERCIAL BUILDING [01:30:01] ON THERE. UM, BUT I DON'T KNOW HOW THAT FALLS AS FAR AS RECREATIONAL. UM, LIKE FOR, FOR SOME REASON IF THERE'S LIKE A-Y-M-C-A, I DON'T KNOW HOW THAT WOULD FALL 'CAUSE IT WOULD BE TECHNICALLY PAR PARKS AND REC. UM, BUT THE COMMERCIAL BUILDING FOR LIKE THE COUNTY CAMPUS THAT WAS ACTUALLY WENT AGAINST THE DEEDS AND UH, TO ADDRESS NO, YOU GO AHEAD. I JUST WANNA MAKE SURE I ANSWERED YOUR QUESTION. YEAH, I JUST WANNA KNOW, YOU KNOW, IF WE VOTED ON THIS RESOLUTION IN THE FUTURE THAT WE'RE NOT HAVING JUST A GIGANTIC PARK AND NOT THE ABILITY TO BUILD A RECREATION CENTER INDOORS FOR OUR KIDS TO COME IN AND PLAY, SHOULD WE END UP MOVING FORWARD AND NOT HAVE A ANIMAL SERVICES THERE? WE CAN LET AMY ANSWER THAT. SO IF AND WHEN THIS COUNCIL DECIDES TO APPROVE AN ORDINANCE, THE ORDINANCE CAN INCLUDE THE POTENTIAL IS IT'S A RECREATION CENTER IS TYPICALLY CONSIDERED A PARKS AND REC USE UNDER CHAPTER 26, IT'S CONSIDERED A PARKS AND REC USE. IT'S A RECREATIONAL USE FOR THE COMMUNITY. SO IT'S TYPICALLY CONSIDERED A PARK USE, BUT IF COUNCIL WANTS IT TO BE OUTDOORS, COUNCIL NEEDS TO INCLUDE THAT. IF THEY WANT THE REC CENTER SPECIFICALLY ALLOWED, THEY'RE WELCOME TO INCLUDE THAT AS WELL. OKAY. AND AS A REMINDER, OUR CITIES DID SPEND $1 MILLION IN LIKE 2016 TO DEVELOP A SPORTSPLEX PLAN IN THAT AREA. AND I'VE SINCE ASKED WHERE THAT SPORTSPLEX PLAN IS AND NOBODY KNOWS WHERE IT'S AT. SO YES, IT, IT GOES TO SHOW THAT THERE HAS BEEN A LONG-TERM PLAN IN THIS AREA TO PUT A SPORTS OR TO PUT SOME KIND OF RECREATIONAL OVER THERE. SO COUNCIL MEMBER HARRIS, JUST ONE CLARIFICATION. GOVERNMENTAL USE AND COMMERCIAL USE ARE NOT THE SAME THING. WELL, THERE'S NO SUCH THING AS GOVERNMENTAL ZONING. NO, BUT GOVERNMENTAL USE AND, AND COMMERCIAL USE ARE NOT THE SAME THING. YEAH. BUT UNDER ZONING YOU WOULD HAVE TO ZONE IT AS COMMERCIAL. THERE IS NO GOVERNMENTAL, ME AND COUNCIL MEMBER GOZA HAD THIS CONVERSATION AND THERE IS NO, PER SE, GOVERNMENTAL ZONING. SO I DON'T KNOW HOW THEY WOULD GO AROUND IT WITH COMMERCIAL OR NOT COMMERCIAL. SO THIS IS ALL INCLUDED IN OUR PRESENTATION THAT WE'RE BRINGING FORWARD. MM-HMM . THE DEED RESTRICTION IS A USED RESTRICTION, NOT A ZONING RESTRICTION. SO IT MAY BE HANDLED DIFFERENTLY. WE'LL, WE'LL ADDRESS THAT. RIGHT. UM, AND ALSO IT'S NOT JUST THE DEEDS. THERE WAS A DEVELOPMENT AGREEMENT THAT SPECIFICALLY STATED THAT SOME OF THAT LAND WAS TO BE USED. IT, UH, IT WAS DONATED. I THINK ALL OF IT WAS DONATED. SO I THINK COUNCIL MEMBER ADA SAID SOMETHING ABOUT THE CITY PURCHASED IT. I THINK ALL OF IT WAS DONATED IN ONE WAY OR ANOTHER. NO, THAT'S ACTUALLY NOT CORRECT. THERE WAS AT LEAST ONE PARCEL THAT WAS PURCHASED WITH CITY FUND. AND DO YOU KNOW WHICH ONE THAT ONE WAS? I WILL BE IN THE PRESENTATION. I CAN'T REMEMBER WHICH ONE IT WAS. IT WAS NOT THE COUNTY BUILDING. THE COUNTY BUILDING WAS THE ONE THAT WAS DONATED UNDER THE DA WHERE THE COUNTY BUILDING WAS GONNA GO. THE OTHER TWO WERE ACQUIRED A DIFFERENT WAY AND ONE OF THEM WAS PURCHASED AND I CAN'T REMEMBER WHICH ONE'S WHICH. OKAY. I KNOW ONE WAS GIVEN TO US IN LIEU OF PARK FEES, AND THAT'S TECHNICALLY NOT IN A DEED, THAT'S IN A DEVELOPMENT AGREEMENT. THAT'S THE COUNTY PROPERTY. SO IT WAS, THERE WAS A DEED, THERE WAS A DEVELOPMENT AGREEMENT. THE ONE THAT THE COUNTY WAS GOING TO USE AND IS NOW NOT GOING TO USE. THE OTHER TWO WERE ACQUIRED DIFFERENTLY. AND AS I SAID, THERE, THERE ARE COUNCIL MINUTES AND A COUNCIL RESOLUTION TO PURCHASE ONE OF THEM THAT WILL BE IN THE PRESENTATION. OKAY. AM I, WOULD I BE CORRECT IN SAYING THE AREA, THE PLOT OF LAND THAT'S BEING USED FOR THE ANIMAL SHELTER IS THE PLOT OF LAND THAT HAS THE ANIMAL NUISANCE RESTRICTION ON IT. THEY ALL HAVE THE SAME DE RESTRICTIONS. AGAIN, THAT WILL BE IN THE PRESENTATION. OKAY. SO ANYWAYS, AGAIN, FOR THOSE OF US WHO'VE DONE THIS EXTENSIVE AMOUNT OF RESEARCH, UH, RESIDENT, UH, ROBERT HUNTER HAS DONE AN EXTENSIVE AMOUNT OF RESEARCH. IF ANYBODY'S READ HIS, UM, INFORMATION THAT HE PROVIDED TO US, IT'S, TO ME IT'S VERY CLEAR WHERE WE STAND. I DON'T NEED A PRESENTATION, ALTHOUGH I WILL APPRECIATE IT. UM, I WILL ASK, WHAT IF WE DECIDED IF WE PASS THIS TODAY, WE DO NOT HAVE TO STICK THIS, THE ORDINANCE ON THE NEXT AGENDA, BUT WE CAN PUT IT ON THE, THE ONE AFTER THAT. AND SO THAT'LL GIVE US TIME TO, I WOULD RECOMMEND DOING THAT BECAUSE THE PRESENTATION IS ON SEVEN 30 AND ON 7 21. SO WE'RE GONNA AT LEAST WANT TO HAVE IT AT A COUNCIL MEETING AFTER THAT PRESENTATION. OKAY. SO WE CAN DO IT IN AUGUST. SO WE HAVE THE NEXT MEETING IN AUGUST. ON AUGUST 1ST. SO IF THIS GOES THROUGH, WE HAVE A PRESENTATION ON THURSDAY, JULY 30TH, AND ON SATURDAY AUGUST 1ST, OR WE HAVE THE SPECIAL MEETING AUGUST 4TH, 6:00 PM WILL THE REST OF COUNCIL BE, UH, COMFORTABLE WITH THAT? SO I, IT DOESN'T GIVE A WHOLE LOT OF TIME FOR DISCUSSION. NO, IT IS ACTUALLY GIVES MORE TIME. I MEAN THE, THE PLAN WAS TO PUT IT ON THE NEXT ONE AND YOU SAID YOU NEEDED MORE TIME, WHICH IS FINE, BUT WHICH IS THE 30TH COMING. YOU TELL US A DATE. WELL, WE'RE GONNA GET A PRESENTATION ON THE 30TH AND YOU WANT TO VOTE ON THE FOURTH. THAT IS LESS THAN A WEEK BEFORE. HOW MUCH TIME DO YOU NEED FOR US TO HAVE CONVERSATIONS WITH THE COMMUNITY JUST THEN YOU GIVE US A DATE? WELL, I THINK THE ISSUE IS 18. HE HAS THE FLOOR. THE 18TH. THE 18TH. I'M OKAY WITH THAT. AUGUST 18TH. YEAH, WE HAVE A MEETING THAT DAY. 'CAUSE I SEE AUGUST 13TH. I'D LIKE TO DO IT A REGULAR, AT A REGULAR MEETING. AGREED. YEAH. AUGUST 18 IS THE REGULAR MEETING AND THEY MEETING [01:35:01] FOURTH AND AUGUST. 18TH AND AUGUST. OKAY, SO 18TH. OKAY. COUNCIL MEMBER SAPA, I THINK THE ISSUE IS THAT WE MAY RECEIVE THE PRESENTATION ON JULY 30TH BE PRESENTED WITH AN OPTION OR INFORMATION BECAUSE THAT, ALTHOUGH YOU SAY IT'S CLEAR AS DAY, YOU WERE CORRECTED HERE BY OUR ATTORNEY QUITE LITERALLY IN REAL TIME IN FRONT OF RESIDENTS. SO IT'S NOT AS CLEAR AS DAY AS YOU WOULD LIKE TO THINK THAT IT IS. AND I THINK THAT WE OWE IT TO OURSELVES TO BE ABLE TO LISTEN TO THAT PRESENTATION, NOT COMPLETELY BIND OURSELVES TO AN OPTION THAT'S BEING PRESENTED RIGHT NOW. BECAUSE WHAT IF THAT PRESENTATION HAS DIFFERENT OPTIONS THAT WE ALL SEE NEW INFORMATION THAT MAYBE HAS NOT BEEN PUT OUT THERE YET AND CLARIFICATION THAT WOULD THEN CHANGE WHETHER OR NOT WE WANT TO DO THIS ORDINANCE IN PARTICULAR. SO YOU WILL BE PIGEONHOLING AND MAKING THE DECISION ALREADY REGARDLESS OF WHAT THAT PRESENTATION HAS BECAUSE IT THEN IT WOULD BE COMPETING ITEMS ON THE AGENDA. FOR EXAMPLE, IF THIS WERE TO GET PUT ON THE AUGUST 4TH OR, OR THE NEXT AGENDA THAT WE HAVE COMING UP FOR IT, WHATEVER IT WAS THAT WAS DECIDED. AND WE HAVE THAT PRESENTATION ON JULY 30TH AND WE DETERMINE ACTUALLY WE LIKE ONE OF THE OPTIONS THAT THAT STAFF IS BROUGHT FORWARD. WE FIND IT WORKABLE. WE FIND THAT RESIDENTS DEEM IT WORKABLE. WE FIND THAT WE CAN FIND A GOOD COMPROMISE. IT WILL BE PLACED ON THE SAME AGENDA AS THIS ORDINANCE. SO WE WILL HAVE TWO COMPETING AGENDA ITEMS. IT DOESN'T MAKE SENSE TO TRY AND RUSH THIS TO HAVE THIS PARTICULAR ORDINANCE SOLIDIFIED UNTIL WE HEAR AND LISTEN TO THAT PRESENTATION THAT THAT WILL BE GIVEN. SO THAT WAY WE CAN THEN DECIDE TOGETHER WHAT WE WANT TO DO WITH THE LAND MOVING FORWARD. YEAH, THAT'S WHY WE JUST TALKED ABOUT HAVING IT ON AUGUST 18TH. SO THAT'S WHY WE'RE, YEAH. SO YEAH, SO THE MEETING'S JULY 30TH, COUNCIL MEMBER MCKINNEY JUST SAID HE WOULD BE COMFORTABLE, BUT THAT DOESN'T THE ACTUAL ON AUGUST 18TH, PLEASE I HAVE THE FLOOR. SO THAT GIVES US TWO WEEKS AND WE DON'T HAVE TO, IF IF IF ON JULY 30TH WE DECIDE WE'RE GONNA DO SOMETHING DIFFERENT, WE DON'T EVEN, WE CAN BRING IT BACK AND JUST DENY IT. OR WE CAN NOT EVEN PUT IT ON THE AGENDA. THERE'S A VARIETY OF THINGS WE CAN DO. IF THIS IS APPROVED TODAY, THIS DOESN'T MEAN WE'RE GONNA HAVE TO DO IT, IT JUST MEANS THEY'RE GONNA BRING IT BACK AT SOME, SOME POINT. SO IN OTHER WORDS, MAYOR, IF I COULD JUST INTERVENE AND THEN THAT WAY I'LL BE JUST DONE. SO TO MAKE THE COMP TO COMPROMISE AS COUNSELS, DO YOU HAVE TO BE ABLE TO COMPROMISE ON THINGS? COUNCIL MEMBER MCKINNEY, ARE YOU SAYING THAT WE TABLED THIS ITEM, THIS COMPLETE ITEM UNTIL AUGUST THE 18TH? I DON'T SEE WHY THAT WOULD HURT ANYTHING. HOW DOES THE REST OF THE COUNCIL FEEL ON THAT? 'CAUSE I'M WILLING TO COMPROMISE HERE. I'M NOT WILLING TO PUSH THIS. WELL IF WE WAIT UNTIL THE 18TH AND WE HAVE TO WAIT UNTIL THE NEXT AGENDA OKAY. TO PUT IT ON THERE. OKAY. SO WE'RE NOW LOOKING AT, IS THAT SEPTEMBER? NO, WE'RE ACTUALLY LOOKING AT AUGUST 18TH WOULD BE THE SECOND ONE. YEAH. SO IF, SO IF, OKAY, EVERYBODY POST OUT YOUR CALCULATORS HERE. OKAY. 'CAUSE WE DON'T HAVE A BUDGET TILL THE END OF SEPTEMBER. SO RIGHT NOW IT'S AUGUST 18TH. WE WILL NOT HAVE ANOTHER MEETING UNTIL SEPTEMBER 1ST. OKAY. SO IF WE TABLE THIS UNTIL THE 18TH WITH THE SAME AGENDA ITEM'S GONNA BE ON THE 18TH MM-HMM . AND THEN WE WON'T BE ABLE TO BRING AN ORDINANCE UNTIL SEPTEMBER 1ST, AND THAT IS AFTER JULY 30TH, WHICH IS WHEN THEY'RE GONNA DO THEIR PRESENTATION. MM-HMM . SO I THINK WE VOTE TODAY ONE WAY OR ANOTHER. I DON'T, I DON'T CARE HOW IT GOES. OKAY. AND THEN WIN OUR MOTION IF WE WANTED TO APPROVE IT OR YEAH, WE COULD SAY TO BRING IT BACK ON AUGUST 18TH, WHICH IS ALMOST 20 DAYS AFTER AUGUST OR JULY 30TH. WE COULD DO THAT. WE COULD DO THAT TO ASK THEM TO BRING BACK THE, THE ORDINANCE. AND WE HAVE OUR DISCUSSION ON THE 30TH. GIVES EVERYBODY TWO TO THREE WEEKS TO DISSECT WHAT WE'VE DISCUSSED ABOUT ON THE ANIMAL SHELTER AND WHO'S THE PLAYERS, THE FUNDING, EVERYTHING ELSE IS GONNA COME ALONG WITH IT. SITE LOCATIONS IF THERE'S TO BE ANY DIFFERENT SITE LOCATIONS. AND THEN ON THE 18TH, BY THAT TIME, WE WOULD HAVE A DECISION, UH, BECAUSE YOU'LL ALSO HAVE ANOTHER SPECIAL COUNCIL MEETING TO WHERE YOU CAN DISCUSS OTHER ITEMS. AND THEN ON THE 18TH WE BRING BACK THE ACTUAL ORDINANCE TO DECIDE IF WE'RE GONNA GO WITH THIS. YES OR NO? UH, I THINK A MONTH OF DISCUSSION ABOUT A A VERY PERMANENT DECISION ABOUT PUBLIC LAND, UH, IS, IS NOT UNREASONABLE. [01:40:01] I I THINK THAT WE ARE RUSHING THINGS. I'M NOT ENTIRELY SURE WHY. UH, THERE IS A WHOLE LOT OF UNTANGLING THAT THIS IS GOING TO REQUIRE AND, AND I THINK EVERYTHING NEEDS TO BE CONSIDERED BEFORE WE MAKE THAT DECISION. SO I WOULD LIKE TO SEE THIS COME BACK ON THE 18TH AND THEN WE CAN MAKE THAT PERMANENT DECISION BEGINNING OF SEPTEMBER. THERE'S NOTHING THAT'S GOING TO HAPPEN BETWEEN NOW AND THEN. ASIDE FROM WE GET MORE TIME TO DISCUSS WITH OUR RESIDENTS AND GET MORE FEEDBACK. OKAY. DIDN'T WE JUST TALK ABOUT THIS BEING LIKE A TWO YEAR PROJECT AND WE JUST NOW HAVE RESIDENTS THAT ARE, THAT ARE FINDING OUT ABOUT IT. UM, THAT TO ME IS BOTHERSOME. I KNOW, I KNOW. WE FEEL LIKE WE'RE BEING RUSHED. I FEEL LIKE THIS, ALL THIS SHOULD HAVE BEEN SAID LAST YEAR IN SEPTEMBER. UNFORTUNATELY, THERE WAS NOT PEOPLE ON HERE TO QUESTION THE VALIDITY OF THE CHAPTER 26 OR TO QUESTION THE DEEDS OR TO QUESTION THE DEVELOPMENT AGREEMENTS. WE ARE NOT IN A ME AND COUNCIL MEMBER. GOZA DON'T WANNA DO THIS. THIS IS NOT FUN. WE DON'T GET ANY ENJOYMENT OUTTA SAYING, HEY, WE THINK THIS SHOULD BE REGULAR PARKLAND BECAUSE IT SHOULD HAVE, IN MY OPINION, IT SHOULD HAVE ALWAYS BEEN PARKLAND. AND YES, I DID MAKE A MISTAKE, I DID GET ONE WRONG. BUT GUESS THAT'S OKAY. THAT'S HUMAN. AND WE DON'T HAVE TO DEMORALIZE PEOPLE WHEN WE MAKE MISTAKES. WITH THAT SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 18 AND HAVE STAFF BRING BACK ON AUGUST 18TH, THE RESOLUTION TO REPEAL, UH, RESOLUTION 1909 ADOPTED ON SEPTEMBER 16TH, 2025 REGARDING THE CHAPTER 26 DETERMINATION FOR KYLE VISTA PROPERTY AS WELL AS AN ORDINANCE IN ALL OTHER DOCUMENTS AND ACTIONS NECESSARY TO REAFFIRM AND REDEDICATE ALL CITY OWNED TRACKS COMPROMISING KYLE VISTA PARK AS AN OFFICIAL PARKLAND DEDICATED EXCLUSIVELY FOR PARK AND RECREATIONAL PURPOSES. SECOND. OKAY, I HAVE A MOTION BY MYSELF AND A SECOND BY, UH, COUNCIL MEMBER TOBIAZ. CAN I GET A ROLL CALL? VOTE PLEASE. MEDINA? YES. MCKINNEY? NO. I THINK WE NEED MORE TIME TO TALK WITH OUR RESIDENTS. NO ADA, NO. FLORES KALE? YES. GZA? YES. TOBIAS? YES MA'AM. ALL RIGHT. MOTION PASSES. FOUR. I'M SORRY. SORRY, PARIS. GO AHEAD. HARRIS. HARRIS. NO. ALL RIGHT. MOTION PASSES. FOUR TO THREE. ALL RIGHT. UP NEXT WE HAVE, AND I APOLOGIZE FOR THAT. UM, AGENDA ITEM [19) Direct staff to bring back an updated engineering analyses, traffic studies, and evaluation methodologies for the proposed Kohlers Crossing Roundabouts within TIRZ No. 2, as well as the twelve proposed intersection improvement projects funded through the 2022 Road Bond Program, to include but is not limited to: updated Intersection Alternative Analyses utilizing current traffic data, projected growth, and objective engineering criteria prior to final design approval, bid letting, or construction authorization. Such analyses should include enhanced signalized traffic intersections with modern phasing, overlap phasing where warranted, optimized signal timing, radar detection, and camera-based detection.] 19 DIRECT STAFF TO BRING BACK AN UPDATED ENGINEERING ANALYSIS, TRAFFIC STUDIES AND EVALUATION MYTHOLOGIES FOR PROPOSED KOHLERS CROSSING ROUNDABOUTS WITHIN TOURS TWO, AS WELL AS THE 12 PROPOSED INTERSECTIONS IMPROVEMENT PROJECTS FUNDED THROUGH THE 2022 ROAD BOND PROGRAM TO INCLUDE BUT IS NOT LIMITED TO. UPDATED INTERSECTION ALTERNATIVE ANALYSIS, UTILIZING CURRENT TRAFFIC DATA, PROJECTED GROWTH AND OBJECTIVE ENGINEERING CRITERIA PRIOR TO FINAL DESIGN APPROVAL, BID LETTING OR CONSTRUCTION AUTHORIZATION. SUCH ANALYSIS SHOULD INCLUDE ENHANCED SIGNALED TRAFFIC INTERSECTIONS WITH MODERN PHASING OVERLAPPING PHASING WE'RE WARRANTED. OPTIMIZED SIGNAL TIMING, RADAR DETECTION, AND CAMERA BASED DETECTION. THIS IS, UH, COUNCIL, UH, MAYOR PROAM TOBIAS. AND MY ITEM, IF I MAY, I'M JUST GONNA START REAL QUICK. UM, SO, UM, THE PURPOSE OF THIS AGENDA ITEM IS SIMPLE. BEFORE THE CITY SPENDS MILLIONS OF TAXPAYER DOLLARS, WE SHOULD MAKE SURE WE'RE MAKING DECISIONS BASED ON TODAY'S CONDITION, NOT ASSUMPTIONS THAT ARE NOW SEVERAL YEARS OLD. SO IN 2023, THE CITY COMPLETED AN ENGINEERING STUDY THAT LOOKED AT IMPROVEMENTS FOR THE INTERSECTIONS AT SANDERS, BENNER AND CROMWELL DRIVE. AT THE TIME, ENGINEERS STUDIED TWO OPTIONS, INSTALLING TRAFFIC SIGNALS OR BUILDING ROUNDABOUTS. THEY RECOMMENDED ROUNDABOUTS, BUT ALSO CONCLUDED THAT TRAFFIC SIGNALS WOULD SAFELY HANDLE FUTURE TRAFFIC IF THE ROUNDABOUTS WERE TOO EXPENSIVE. UM, I DO WANNA NOTE THAT I DID READ THE, UM, THE STUDY AND I'VE SENT IT TO SEVERAL RESIDENTS. I ENCOURAGE ANYBODY THAT'S ON COUNCIL TO GO BACK AND READ THAT STUDY. THAT IS ACTUALLY FROM 2022, UM, SINCE THAT STUDY WAS COMPLETED. ONE, UH, IMPORTANT PIECE HAS CHANGED THE CITY PAUSE. CROMWELL AFTER COORDINATION WITH TDOT, BECAUSE PLANNED FM 1626 IMPROVEMENTS COULD SIGNIFICANTLY IMPACT THE DESIGN AND THE EFFECTIVENESS OF A ROUNDABOUT AT CROMWELL. RATHER THAN SPEND MONEY ON A PROJECT THAT MAY NEED TO BE MODIFIED LATER, STAFF RECOMMENDED WAITING UNTIL TECH CORRIDOR PLANS ARE CLEARER. THAT CHANGES THE ORIGINAL [01:45:01] PLAN. THE STUDY EVALUATED ALL THREE INTERSECTIONS TOGETHER AS PART OF ONE CORRIDOR. IF ONE OF THOSE INTERSECTIONS IS NO LONGER MOVING FORWARD AS A ROUNDABOUT, IT MAKES SENSE TO TAKE ANOTHER LOOK AT THE REMAINING INTERSECTIONS BEFORE CONSTRUCTION BEGINS. THE SANDERS AND BENNER INTERSECTIONS ARE ALSO LOCATED BETWEEN TWO EXISTING TRAFFIC SIGNALS TO TAXI HAYES TRAIL TO THE WEST AND F IN 1626 TO THE EAST. BECAUSE VEHICLES MOVE THROUGH ALL OF THESE INTERSECTIONS TOGETHER, IT'S IMPORTANT TO EVALUATE HOW THEY FUNCTION AS ONE CORRIDOR INSTEAD OF LOOKING AT EACH INTERSECTION BY ITSELF. THE TRUTH IS, AS TRAFFIC REACHES A CERTAIN NUMBER, ROUNDABOUTS WILL DO MORE HARM THAN GOOD. THE ORIGINAL STUDY ALSO DESERVES ANOTHER LOOK BECAUSE IT RELIED ON TRAFFIC COUNTS COLLECTED IN 2022. CARL HAS CONTINUED TO GROW SINCE THEN. NEW HOMES, NEW BUSINESSES AND CONTINUED DEVELOPMENT HAVE LIKELY CHANGED TRAFFIC PATTERNS BEFORE MOVING FORWARD WITH A PROJECT THAT WILL SHAPE THIS CORRIDOR FOR DECADES. THE CITY SHOULD COLLECT UPDATED TRAFFIC COUNTS AND VERIFY THAT THE ORIGINAL ASSUMPTIONS ARE STILL ACCURATE. COST IS ANOTHER REASON TO UPDATE THIS ANALYSIS. THE 2023 STUDY ESTIMATED THAT A TRAFFIC SIGNAL AT SANDERS WOULD COST ABOUT $567,000. WHILE A ROUNDABOUT WOULD COST $3.66 MILLION, A TRAFFIC SIGNAL AT PRINTER WOULD COST ABOUT 617,000, WHILE A ROUNDABOUT WOULD COST $3.57 MILLION. THIS IS IN THE TRAFFIC REPORT. THOSE ESTIMATES DO NOT INCLUDE ALL RIGHT OF AWAY COSTS AND WERE PREPARED MORE THAN THREE YEARS AGO. SINCE THEN, CONSTRUCTION COSTS, MATERIAL PRICES, AND UTILITY COSTS HAVE ALL INCREASED. BEFORE COMMITTING TO A PROJECT THAT COULD COST $7 MILLION, THE CITY SHOULD HAVE UPDATED ESTIMATES THAT REFLECT TODAY'S MARKET. THE ENGINEERING REPORT ALSO FOUND SOMETHING MANY PEOPLE DO NOT REALIZE. THE PROPOSED TRAFFIC SIGNALS WERE DESIGNED WITH ROOM FOR FUTURE GROWTH. ENGINEERS TESTED WHAT WOULD HAPPEN IF TRAFFIC INCREASED BEYOND THE PROJECTIONS AND FOUND THAT THE SIGNALIZE INTERSECTIONS STILL HAD ADDITIONAL CAPACITY BEFORE REACHING UNACCEPTABLE LEVELS OF CONGESTION. THAT TELLS US THE SIGNAL OPTION DESERVES ANOTHER LOOK. USING CURRENT TRAFFIC DATA, THIS AGENDA ITEM IS NOT INTENDED TO PROMOTE ONE TYPE OF INTERSECTION OVER ANOTHER. INSTEAD IT ASKS THE CITY TO ANSWER AN IMPORTANT QUESTION. IF WE'RE MAKING THIS DECISION TODAY WITH TODAY'S TRAFFIC, TODAY'S COST, TODAY'S DEVELOPMENT AND TDOT'S DECISION ON CROMWELL, WOULD WE MAKE THE SAME RECOMMENDATION? THAT IS A FAIR QUESTION AND ONE THAT DESERVES AN UPDATED ENGINEERING ANALYSIS BEFORE FINAL DESIGN AND CONSTRUCTION MOVE FORWARD. FOR THESE REASONS, WE ARE ASKING THAT STAFF UPDATE THE ENGINEERING ANALYSIS FOR SANDERS AND RENNER INTERSECTIONS USING CURRENT TRAFFIC COUNTS, UPDATED DEVELOPMENT INFORMATION, CURRENT CONSTRUCTION, AND RIGHT OF WAY COSTS AND REVISED CORRIDOR CONDITIONS. THE UPDATED STUDIES SHOULD OBJECTIVELY COMPARE ROUNDABOUTS AND TRAFFIC SIGNALS SO THE CITY COUNCIL AND THE PUBLIC CAN DECIDE BASED ON THE BEST INFORMATION AVAILABLE TODAY. I WILL TURN IT OVER TO MAYOR PROM. TOBIAS, THANK YOU. THAT'S PRETTY MUCH IN A NUTSHELL WHAT WE'RE DOING IS WE'RE TRYING TO BASICALLY GET MORE UPDATED INFORMATION, ESPECIALLY IN THESE AREAS. I HEAR BOTH SIDES. I HEAR BOTH SIDES, THE NEED FOR THE ROUNDABOUTS FOR THE AREA. BUT I ALSO SEE THE ISSUE WHENEVER YOU HAVE THESE ROUNDABOUTS, HOW TRAFFIC GET BACKED UP. 'CAUSE I'M LOOKING AT THIS FROM FIVE TO 10 YEARS FROM NOW, BUT THEN AGAIN, THE ROAD BOND WAS PASSED, WHAT, ALMOST FOUR OR FIVE YEARS AGO. WE'VE BEEN TALKING ABOUT THIS SINCE 2001, ABOUT SIX YEARS AGO. SO I'M PRETTY SURE YOU KNOW, YOU KNOW, ALREADY THE POPULATION HAS GROWN, ESPECIALLY IN THAT AREA. UH, THAT'S REALLY WHAT WE'RE TRYING TO LOOK AT, LADIES AND GENTLEMEN, IS TO GET A MORE UPDATED ENGINEERING ANALYSIS, ESPECIALLY IN THESE HIGH TRAFFIC AREAS. UM, JUST WHEN I WENT BY MARKETPLACE, AND I KNOW THAT THERE IS THE IDEA OF, OF A ROUNDABOUT GOING RIGHT THERE, AND I SEEN ALL THOSE BIG TRUCKS FROM AMAZON JUST FLYING DOWN THERE. OKAY. I'M THINKING, OKAY, IS THAT REALLY GONNA SLOW DOWN THESE GUYS TO 20 MILES AN HOUR TO GO AROUND THOSE BIG OLD TRUCK, THOSE TRUCKS RIDING THOSE CARS? MM-HMM . MAYBE IT WILL, MAYBE IT WILL. BUT YOU KNOW, IF SOMEBODY IS NOT IN, NOT USED TO THAT AREA, UH, WHAT, WHAT, WHAT COULD IT LEAD TO? SO THAT'S ALL WE'RE TRYING TO DO. I GET IT. EVERYBODY IS, IS, IS WANTING THESE ROUNDABOUTS, IT'S GONNA HELP WITH THE TRAFFIC FLOW ON THAT END. IT'S JUST BASICALLY DIRECTING STAFF JUST TO TAKE A LOOK AT IT ONE MORE TIME AND, AND WHEN WE GET THESE THINGS GOING, WE ARE COMFORTABLE IF WE'RE GONNA GO WITH THE ROUNDABOUTS OR IF THERE IS SOMETHING TOTALLY DIFFERENT ON THAT END. THAT'S HOW I'M LOOKING AT IT. DISCUSSION COUNCIL MEMBER SABATA, [01:50:06] ALL OF THE ISSUES THAT WERE JUST BROUGHT UP, WE DISCUSSED AT OUR JUNE 13TH COUNCIL MEETING IN WHICH WE DISCUSSED THESE VERY TWO ROUNDABOUTS. UM, UH, MIKE TRIMBLE, OUR DIRECTOR OF TRANSPORTATION, CLARIFIED THAT TDOT DOES NOT GET INVOLVED, UM, ON THE ROUNDABOUTS THAT ARE AT, UH, SANDERS AND BENNER BECAUSE THEN THEY WILL INHERIT LIABILITY AND WHATNOT. AND YES, THEY MOVED FORWARD AND STAFF FOUND THE RECOMMENDATION TO NOT MOVE FORWARD WITH THE CROMWELL ROUNDABOUT. SO THAT WAS ALREADY SOMETHING THAT WE HAD TAKEN INTO CONSIDERATION. SO THERE ARE REASONS WHY TECH DOT DOES NOT GET INVOLVED ANY FURTHER THAN THAT ALONGSIDE WHERE THEY ACTUALLY HAVE, UH, PLANS DRAWN UP AT OR, UH, AREAS IN WHICH THEY HAVE CURRENT JURISDICTION OVER. UM, IN ADDITION TO THAT, UM, OUR OWN IN-HOUSE ENGINEER ALI, UM, CAME UP HERE AND ANSWERED EVERY SINGLE QUESTION AND STATED THAT, UH, BASED ON THE REPORT AND HER KNOWLEDGE AND EXPERTISE THAT SHE RECOMMENDED THESE ROUNDABOUTS AS BEING THE SAFEST, BEST IMPROVEMENTS AND FOR PROJECTED GROWTH, NOT JUST CURRENT GROWTH. UM, I JUST FIND IT SO CONFUSING AS TO WHY WE'RE DEBATING THIS NOW, WHEN WHAT, TWO HOURS AGO WHEN OUR TS TWO MEETINGS, THIS ENTIRE BOARD VOTED UNANIMOUSLY, ALL OF US SITTING UP HERE VOTED UNANIMOUSLY TO CONTINUE ACTUALLY FUNDING THE CONSTRUCTION OF THESE TWO ROUNDABOUTS. AND THEN IN THE CONSENT AGENDA, THAT WAS ACTUALLY TODAY, THERE WAS AN AGENDA ITEM ON THERE ALSO TO CONTINUE FUNDING AND SUPPORTING THE CONSTRUCTION OF THESE ROUNDABOUTS. SO IT'S JUST A LITTLE CONFUSING AS TO HOW YOU COULD GO FROM APPROVING FUNDS TO CONTINUE BUILDING THESE ROUNDABOUTS WHILE SIMULTANEOUSLY NOW BRINGING UP AN AGENDA ITEM AND SAYING THAT YOU DON'T WANT TO DO THEM WHEN THERE HAS BEEN NOTHING BUT REPORT AFTER REPORT STUDY AFTER STUDY SHOWING THAT THESE ROUNDABOUTS AT THESE TWO INTERSECTIONS ARE THE BEST OPTIONS FOR US. AND WHEN IT COMES TO THE AMOUNT AND COSTS ACTUALLY COMING IN UNDER THE TOTAL PROJECTED PROJECT BUDGET FOR ALL OF THE IMPROVEMENTS WITHIN THE TS TWO AREA WAS ORIGINALLY 25 MILLION WE'RE COMING IN AT AROUND 17 MILLION OR SO BECAUSE AS STAFF, UM, EXPLAINED IN THE TS TWO MEETING THAT HAPPENED RIGHT BEFORE THIS, AS THEY CONTINUE TO DEVELOP ALONG THESE PLANS, THEY ARE ACTUALLY ABLE TO ADJUST NUMBERS AND ACTUALLY SAVE US MONEY ON THE CONSTRUCTION OF THESE ROUNDABOUTS. AND THAT BRINGS ME TO THE COST OF A LIFE. THERE IS A MOVIE THAT WAS PUT OUT IN 2020 ABOUT THE SEPTEMBER 11TH VICTIM COMPENSATION FUND CALLED, CALLED WORTH, UH, STARRING MICHAEL KEATON, STANLEY TUCCI. IT'S A BEAUTIFUL FILM, BUT IT HAS TO DO WITH THE IDEA OF WHAT IS THE COST OF A HUMAN LIFE. THAT IS THE ISSUE THAT WE ARE DISCUSSING RIGHT NOW. IF ROUNDABOUTS ARE THE SAFEST NATIONALLY AND ARE CONSISTENTLY RECOMMENDED AS BEING THE THINGS THAT WILL SAVE LIVES BECAUSE PEOPLE RUN RED LIGHTS, THEY RUN YELLOW LIGHTS, THEY RUN STOP SIGNS ALL THE TIME, THEY FORGET THAT THEY'RE THERE. IF THIS CAN SAVE ONE LIFE, WE'RE COMING IN UNDER BUDGET AND OUR STAFF IS ALWAYS FINDING WAYS TO SAVE US MONEY. I THINK THIS IS GOING TO BE THE BEST OPTION FOR US AND FOR OUR RESIDENTS AND FOR OUR KIDS. FOR THOSE THAT ARE CONCERNED ABOUT THE PEDESTRIAN CROSSINGS. AT THE JUNE 13TH MEETING, IT WAS ALSO MADE CLEAR TO US FROM OUR OWN IN-HOUSE ENGINEER THAT THE PEDESTRIAN CROSSINGS WERE GOING TO HAVE, UM, THE BEACONS, THE PUSH BUTTONS LIGHTING IN ORDER TO MAKE IT SAFER. THERE WAS GOING TO BE LARGER MEDIANS IN BETWEEN, UM, UH, WHICH ARE CALLED REFUGE ISLANDS, I BELIEVE, UM, IN ORDER TO HELP MAKE SURE THAT STUDENTS THAT USE THAT AREA A LOT CAN DO SO SAFELY, UM, IN THE, AS FOR THE CONCERNS WITH THE LARGER 18 WHEELERS, ONCE AGAIN IN THE TS TWO BOARD MEETING THAT HAPPENED JUST ABOUT THREE HOURS AGO NOW, UH, MAYOR PROAM TOBIAS HAD THE EXACT SAME QUESTION ABOUT WHETHER OR NOT 18 WHEELERS SLOWED DOWN AND OUR STAFF EXPERTS SAID THAT YES, THAT THE STUDIES ALSO INCLUDED, UH, THE, WHETHER OR NOT 18 WHEELERS IN LARGER VEHICLES AND FIRE TRUCKS AND WHATNOT WOULD BE ABLE TO MOVE, UH, THROUGH THE ROUNDABOUTS SAFELY. SO ALL OF THE ISSUES THAT HAVE BEEN BROUGHT UP TONIGHT ARE THE EXACT ISSUES THAT WERE DISCUSSED ON JUNE 13TH WHEN ALL OF US UNANIMOUSLY SAID, OKAY, SOUNDS GOOD. SOUNDS LIKE WE GOT EVERYTHING THAT WE NEEDED TO HEAR. AND SO I'M SO CONFUSED AS TO WHY. NOW WE ARE ALL OF A SUDDEN REFUTING THAT WHEN WE JUST HAD THIS DISCUSSION ON JUNE 13TH [01:55:01] AND THOSE ISSUES WERE SOLVED AND ANSWERED FOR NOT ONLY THROUGH THE REPORTS THAT WERE BROUGHT TO US, BUT THROUGH WERE OUR OWN IN-HOUSE EXPERTS. OKAY, MS. MEDINA, COUNCILOR MEDINA. SO I WON'T SPEAK FOR THE MAYOR, I WON'T SPEAK FOR MAYOR PRO TIM. UM, YES, WE DID VOTE TO APPROVE ADDITIONAL FUNDING, BUT YES, CONSIDERING REPORTS WERE DONE TWO, THREE YEARS AGO, PRESENTATION WAS PROVIDED TO US BASED ON REPORTS DONE TWO OR THREE YEARS AGO BY SAYING WE WOULD LIKE TO HAVE UPDATED ENGINEERING ANALYSIS, TRAFFIC STUDIES AND SO ON. DOESN'T SAY WE DON'T WANT TO MOVE FORWARD WITH THE ROUNDABOUTS THAT JUST SAYS WE WOULD LIKE UPDATED INFORMATION CONSIDERING POPULATION TRAFFIC. EVERYTHING HAS CHANGED IN THOSE TWO TO THREE YEARS THAT WE WANNA KNOW THIS IS STILL THE RIGHT PROCESS TO FOLLOW. UM, AS MENTIONED BEFORE, THERE'S BEEN MORE THAN ONE ROUNDABOUT THAT HAS BEEN DEEMED RIGHT WHEN IT WAS BROUGHT UP AND THEN CHANGED LATER THAT IT WAS NO LONGER THE BEST AND SAFE, MOST VIABLE OPTION FOR THAT AREA. UM, SO AGAIN, NOT SPEAKING FOR THEM, BUT FOR MYSELF, I WOULD BE IN FAVOR FOR HAVING THESE ANALYSIS BROUGHT BACK TO US SO THAT WE KNOW THIS IS STILL THE RIGHT, THE RIGHT MOVE TO GO FORWARD WITH THE RIGHT OPTIONS FOR OUR CITY. UM, AND THE SAFEST BECAUSE WE DO WANT SAFE, WE DO HAVE SCHOOLS IN THAT AREA. WE HAVE KIDS THAT ARE PILING INTO THAT PAC CENTER FOR ACTIVITIES AND FOR CONCERTS, AND WE WANNA MAKE SURE ALL OF OUR KIDS ARE SAFE COMING OUTTA THESE AREAS. UM, SO THAT'S JUST MY 2 CENTS. OKAY. COUNCIL MEMBER HARRIS? YEAH, SINCE WE'VE ALREADY PASSED THIS A NUMBER OF TIMES, I DON'T REALLY UNDERSTAND WHY IT IS BEING BROUGHT BACK AS THIS ITEM. UM, THE ROUNDABOUTS HAVE BEEN WIDELY STUDIED WHEN THEY WERE ENGINEERED ORIGINALLY, UM, THEY HAD A WIDE LATITUDE OF THE AMOUNT OF TRAFFIC THAT THEY WOULD HANDLE. UM, AND WE HAD ESTIMATED WHAT THE TRAFFIC FLOW WOULD BE, HOW MUCH VEHICLES WOULD BE THERE. UH, RIGHT NOW THE FOUR-WAY STOP IS EXTREMELY DANGEROUS. UH, WE DO KNOW THAT PEOPLE RUN LIGHTS AS WELL. THEY RUN WITH THAT FOUR WAY ALL THE TIME. UM, AND THIS JUST DELAYS, UH, WHAT WE ALREADY HAVE IN PROCESS. WE HAVE ALREADY BOUGHT THE, UM, EASEMENTS. THE UTILITIES ARE ALREADY BEING UNDERGROUNDED. THERE IS NO REASON TO STOP THESE ROUNDABOUTS AT THIS POINT. UH, OUR COMMUNITY NEEDS THEM. THEY MAKE A GREAT DEAL OF SENSE. THEY WILL SAVE LIVES, THEY WILL SAVE, UM, ACCIDENT COSTS BECAUSE IT'S VERY RARE TO HAVE AN ACCIDENT IN A ROUNDABOUT. AND IF IT IS, IT'S, IT'S A VERY MINOR ONE, UM, IT WILL HANDLE THE TRAFFIC. WE ALREADY KNOW THAT. UM, AND IT WILL BE A SAFE CROSSING FOR THE KIDS, WHICH RIGHT NOW DON'T HAVE A SAFE CROSSING AND I DON'T BELIEVE THAT THE LIGHT WILL HELP THAT MUCH. I, BUT I DO THINK THE ROUNDABOUTS WILL, UM, AND ALL OF OUR ROUNDABOUTS HAVE BEEN DESIGNED WITH PEDESTRIANS IN MIND AS WELL. SO I AM NOT IN FAVOR OF THIS. I THINK IT IS UNNECESSARY AND, UM, WE'RE DUPLICATING EFFORTS. ALRIGHT, COUNCILOR MCKINNEY. UH, I THINK, UH, THERE ARE A HANDFUL OF THINGS THAT I CAN POINT OUT. ONE THAT, UH, A TWO OR 3-YEAR-OLD STUDY IS NOT EXACTLY OLD AS FAR AS TRAFFIC STUDIES GO. UH, IF WE'RE GONNA PAUSE TRANSPORTATION INFRASTRUCTURE EVERY TWO YEARS FOR AN UPDATED STUDY, YOU'RE GONNA END UP WITH DIRT ROADS AND THAT'S ALL YOU'RE GONNA HAVE. YOU'LL NEVER BE ABLE TO FINISH A CONSTRUCTION PROJECT. UH, I THINK IT'S ALSO IMPORTANT TO POINT OUT WHY THE, UH, THE KOHLERS AND CROMWELL ROUNDABOUT WAS, WAS REMOVED AND IT WAS BECAUSE BASICALLY T DOT DOES NOT KNOW YET WHAT IT'S GOING TO DO AT THE KOHLERS AND 1626 INTERSECTION. ALTHOUGH I CAN TELL YOU FROM MY TIME, MY TIME ON THE CAMPO BOARD THAT THERE HAVE BEEN DISCUSSIONS OF THEM PUTTING A ROUNDABOUT THERE. THEY HAVEN'T GOTTEN FAR ENOUGH YET BECAUSE THEY HAVE NOT PASSED FUNDING FOR A FINAL DESIGN STUDY. WE MISSED THAT ON THIS YEAR'S, UH, APPROVAL LIST BY LITERALLY ONE ITEM. UH, AUSTIN ALMOST MESSED UP AND HAD ONE OF THEIRS REMOVED AND IT WAS GONNA GET BUMPED IN, AND I GOT REAL EXCITED FOR ABOUT FIVE MINUTES AND THEN THEY BACKED UP. BUT, UH, THERE IS A POSSIBILITY THAT THEY PUT A ROUNDABOUT THERE AND THEN IT DOES BECOME APPROPRIATE AGAIN AT THAT TIME. UM, IF THEY PUT A LIGHTED INTERSECTION THERE OR I'LL ADJUST THE LIGHTED INTERSECTION THERE, IT STILL MIGHT BE APPROPRIATE AT THAT TIME. WE JUST DON'T KNOW YET. SO THERE'S A LOT OF INFORMATION THAT'S KIND OF BEEN, UH, OMITTED IN THIS DISCUSSION. UM, AND, AND, UH, FOR THE LIFE OF [02:00:01] ME, I CANNOT UNDERSTAND WHY PEOPLE CAN HAVE FACT-BASED INFORMATION CONSISTENTLY GIVEN TO THEM AND STILL REFUSE TO ACCEPT THOSE RESULTS. EVERY STUDY ABOUT ROUNDABOUTS SAYS THEY ARE SIGNIFICANTLY SAFER, THAT THEY HAVE SIGNIFICANTLY FASTER, UH, YOU KNOW, TRAFFIC MITIGATION, THAT THEY'RE, UH, MORE FUEL EFFICIENT WHENEVER YOU'RE DRIVING. UH, I CAN TELL YOU I CANNOT LEAVE MY HOUSE WITHOUT HITTING A ROUNDABOUT. I LIVE IN PLUM CREEK. I'VE GOT, I CAN HIT FOUR OF 'EM WITH A ROCK LITERALLY FROM MY FRONT YARD. AND I WILL TELL YOU WHEN I HAVE TO COME TO A STOP SIGN, IT IRRITATES ME. NOW, UH, ONCE YOU GET USED TO ROUNDABOUTS, THAT FEAR GOES AWAY AND YOU UNDERSTAND HOW THEY OPERATE AND YOU ARE EXCITED TO COME TO THEM. I PROMISE YOU. UH, JUST, YOU KNOW, OPEN UP YOUR HEARTS AND MINDS A LITTLE BIT SOMETIMES, UM, YOU KNOW, WHENEVER STORMS HIT, ROUNDABOUTS STILL WORK WHEN THE POWER GOES OUT, LIGHT AND INTERSECTIONS DO NOT, AND WHEN IT COMES RIGHT DOWN TO IT, WOULD YOU BE ABLE TO LIVE WITH YOURSELF IF YOU PUT A LIGHTED INTERSECTION AT THOSE INTERSECTIONS, SOMEBODY RAN A RED LIGHT, GOT T-BONED AND KILLED BECAUSE YOU DIDN'T WANT TO SPEND THE MONEY TO PUT A SAFER OPTION THERE. I WOULD ALSO LIKE TO POINT OUT THAT THIS IS NOT PAID FOR BY GENERAL FUND DOLLARS. IT'S PAID FOR BY T TWO, WHICH IS LITERALLY THE PEOPLE WHO LIVE IN THAT AREA WHO HAVE BEEN CLAMORING HERE ALL NIGHT ABOUT HOW GREAT THESE THINGS ARE AND HOW MUCH THEY WANT THEM. THEY'RE THE ONES PAYING FOR IT. IT'S NOT THE WHOLE REST OF THE CITY. SO, ALL RIGHT, WELL, T TWO IS A 50%, SO, UM, IT'S NOT A HUNDRED PERCENT, BUT, AND, AND WITH THAT, RIGHT, THE COUNTY'S PARTICIPATING TOO. I FORGOT TO MENTION THAT. THANK YOU. DID YOU, DID YOU GET A CHANCE TO READ THE REPORT, THE 2023 REPORT FOR 2022? YES, I DID. OKAY. SO CAN YOU TELL ME WHAT IT SAID REGARDING, UM, THE SAFETY, THE DIFFERENCE IN THE SAFETY BETWEEN THE LIGHTS AND THE ROUNDABOUTS? UH, MAN, I DIDN'T READ IT TODAY. . OKAY. OKAY. SO, SO WHAT I'M GONNA SAY IS WHAT IT SAYS IT'S THE SAME IS THE SAFETY WITH THE LIGHTS AND THE SAFETY WITH THE ROUNDABOUT. IT DOES SAY, AND IF YOU'D LIKE A COPY, I WILL GLADLY GIVE IT TO ANYBODY WHO ASKS. IT IS THE SAME. THE ROUNDABOUTS ARE THE, THE, NOW IN GENERAL, WHEN PEOPLE TALK ABOUT ROUNDABOUTS IN GENERAL, THAT'S ONE THING I GET. I, I AM THE ONE WHO MADE THE MOTION TO APPROVE THE ROUNDABOUT ORDINANCE BACK IN 20 21, 20 22. I'M NOT OPPOSED TO ROUNDABOUTS. THAT'S NOT MY CONCERN. MY CONCERN IS PUTTING A $3 MILLION ROUNDABOUT IN AN AREA THAT CAN'T SUSTAIN THAT TRAFFIC LONG TERM, AND THEN WE HAVE TO TEAR IT OUT AND PUT A STOPLIGHT IN. BECAUSE LONG TERM, A ROUNDABOUT IS NOT MEANT FOR HIGH TRAFFIC. AND SO WHY WOULD WE SPEND $3.5 MILLION? AND AGAIN, UH, I THINK THE OTHER ONE WAS LIKE $3.2 MILLION. WHY ARE WE WILLING TO SPEND ALMOST $8 MILLION IF IN THE LONG TERM WE HAVE TO PUT A LIGHT? I THINK IT WOULD BE SAFER TO PUT A LIGHT OR TO AT LEAST AT MINIMUM, TO ANOTHER, THE, THE TRAFFIC SURVEY REPORT, SOMETHING UPDATED TO FIGURE OUT DOES THAT, DOES THAT SUSTAIN? AND IF I TOLD EVERYBODY HERE THE SAFETY WAS EXACTLY THE SAME, THE SAFETY WAS EXACTLY THE SAME, WOULD YOU STILL VOTE FOR A ROUNDABOUT OVER A LIGHT? IS THE QUESTION. AND IF YOU SAY YES, I WOULD REFUSE A STATEMENT, AND THEN I WOULD STILL SAY YES. MM-HMM. OKAY. THEN FOR ME, I, I, I'VE GOTTA, I LOOK AT THE TOTALITY OF IT, ROUNDABOUTS. IF, IF ROUNDABOUT IS GOING INTO HIGHER TRAFFIC FATALITIES, TRAFFIC, I'M NOT DONE TALKING, SPENDING MORE TIME TRAFFIC, I DIDN'T INTERRUPT YOU AND POINT OF ORDER. I'M TALKING, YOU CAN'T CALL A POINT OF ORDER. OKAY? YOU'RE OUTTA ORDER, YOU'RE TALKING. THANK YOU. I APPRECIATE THAT. CONSTANT REMINDER AND SPENDING MORE MONEY ON GAS OUT OF ORDER, PLEASE. ALL I'M SAYING IS SAFETY. SAFETY SEEMS TO BE THE ISSUE HERE. AND IF I'M TELLING YOU THE SAFETY IS THE SAME, I'M CONFUSED AS TO WHY WE WOULD SPEND MORE MONEY. I DRIVE THIS AREA FIVE DAYS A WEEK. SO I DO UNDERSTAND, I DO UNDERSTAND THE SAFETY ISSUE A HUNDRED PERCENT. AND NOBODY'S SAYING DO, DO NOTHING. THAT DOESN'T MAKE ANY SENSE TO ME. WHAT I'M SAYING IS I THINK WE NEED GOOD INFORMATION. AND THE REASON WHY THIS GOT BROUGHT BACK IS BECAUSE ALI MET WITH A RESIDENT AND THEY MET, I DON'T KNOW IF MIKE TRIMBLE WAS THERE OR NOT, BUT THERE WAS A MEETING THAT WAS HELD BETWEEN STAFF AND THE DEVELOP, THE, THE ENGINEER OF THE CITY OR THE, THE GUY THAT DEVELOPED THIS AREA WITH TXDOT. AND A DISCUSSION WAS [02:05:01] HAD AND NEW IDEAS WERE SHARED. AND THIS ISN'T JUST BECAUSE WE'RE BOARDING, WE WANTED TO BRING IT BACK. THERE WAS A MEETING BETWEEN STAFF AND RESIDENTS, AND IT WASN'T JUST ANY RESIDENT. IT WAS THE RESIDENT THAT DEVELOPED THE AREA AND THE STOPLIGHT IN THE INTERSECTIONS. SO I DON'T UNDERSTAND THE HARM AND JUST GOING BACK AND SAYING, WHAT DOES THIS LOOK LIKE? WHAT DID THE NEW NUMBERS LOOK LIKE? IS THIS GONNA SUSTAINED? I DON'T WANNA SPEND EVEN TURS MONEY AND I'M GONNA, I, I DO NEED TO ADDRESS WHY WE, WHY I APPROVED THE TS. BECAUSE ONE, THERE WAS, UH, MONEY THAT WE ALREADY OWED AND I FELT LIKE WE HAD TO PAY THAT SINCE WE'VE ALREADY, THE COMPANY'S ALREADY INVOICED US FOR IT. AND TWO, THE OTHER ONE WAS FOR WATER LINES. I YIELD THE FLOOR. SO I GUESS TO CLARIFY, YOU CAN RAISE YOUR HAND. IT WAS COUNCIL MEMBER ADA. OKAY. SINCE EVERYONE ELSE HAD TO RAISE THEIR HAND TOO. UM, LOVE BEING PICKED ON BY THE MAYOR. IT'S GREAT. UM, THE THING THAT I WOULD LIKE TO POINT OUT IS ONE, THE TURS, YES, WE DID OWE PAYMENT, BUT THERE WAS ALSO AN EXTRA 200 AND SOMETHING THOUSAND DOLLARS FOR FUTURE WORK AS WELL. SO IT'S NOT THAT WE JUST OWED MONEY, IT'S THAT THERE WAS ALSO THE VOTE TO CONTINUE PAYING THEM, TO CONTINUE DOING OTHER EXTRA WORK, UM, THAT WAS DONE AND ALL OF US VOTED, UM, TO DO THAT. UM, THE OTHER ISSUE IS THAT I WOULD LIKE YOU TO ACTUALLY NAME THE PART IN THE STUDY THEN. CAN YOU READ ME THE STUDY WORD FOR WORD EXACTLY. SO THAT WAY WE CAN ALL HEAR IT. WHAT I CAN IS WHERE IT STAYS. THIS, IF YOU GIVE ME SOME TIME, I CAN DEFINITELY DO THAT. UM, BECAUSE OUR OWN EXPERTS, OUR OWN, AND I DID OUR OWN EXPERTS AND ENGINEERS WHO HAVE GONE TO SCHOOL FOR THIS, WHO LITERALLY, THIS IS ALL THEY DO, THIS IS THEIR LIFE 24 7 WITH THE CITY OF KYLE, BECAUSE WE ARE ALWAYS WORKING ON ROADS HERE, DESPITE THE LACK OF IMPROVEMENTS, HAVE CONSISTENTLY REFUTED THAT THIS IS THE BEST OPTION LONG TERM, CONSISTENTLY. SO WE ARE GOING AGAINST WHAT EXPERTS ARE STATING AND IT DOES NOT MAKE SENSE TO ME WHY WE WOULD DO SO. IT'S NOT MY WHEELHOUSE. SO I LISTEN TO THE PEOPLE WHOSE WHEELHOUSE IT IS HERE. GO AHEAD. COUNCIL MEMBER. OR MAY PRETEND TO BE A, OKAY, I'M GONNA REDIRECT THIS AND GET US BACK ON TRACK. THANK YOU. THIS VOTE IS HERE SAYING WE ARE SAYING NO TO ROUNDABOUTS. THAT'S NOT WHAT THIS VOTE'S ABOUT. I NEED PEOPLE TO PAY ATTENTION. THIS IS NOT WHAT THIS VOTE IS ABOUT. SAYING NO TO ROUNDABOUTS. LET'S PAY ATTENTION. IT IS TO DIRECT STAFF TO BRING BACK AN UPDATED ENGINEERING ANALYSIS, TRAFFIC STUDIES ELEVATION TO THE PROPOSED COLORS CROSSING ROUNDABOUTS WITHIN T TWO AS WELL AS 12 PROPOSED INTERSECTION IMPROVEMENT PROJECTS FUNDED FROM THE 2022 BOND PROGRAM TO INCLUDE NOT LIMITED, UPDATED INTO THE INTERSECTION ULTRA ANALYSIS, UTILIZING CURRENT CURRENT TRAFFIC DATA, THEIR PROJECTED GROWTH AND OBJECTIVE ENGINEERING CRITERIA TO FINAL DESIGN, APPROVAL, BID LETTING AND CONSTRUCTION AUTHORIZATION SUCH AS THESE ANALYSIS SHOULD BE ENHANCED SIGNALIZE TRAFFIC INTERSECTIONS, MODERN PHASING OVERLAPS, WARRANTED OR SIGNAL OR RAIDER DETECTION, CAMERA BASED DETECTION. THAT IS WHAT THIS AGENDA ITEM'S ABOUT. IT'S NOT SAYING WE'RE SHOOTING DOWN ROUNDABOUTS 'CAUSE WE DON'T LIKE 'EM AND THEY'RE NOT GONNA WORK. THIS VOTE IS TO DIRECT STAFF AND ALL WE NEED IS A MAJORITY VOTE YES OR NO. OKAY. COUNCIL MEMBER HARRIS, I CONTEND THAT THIS VOTE IS UNNECESSARY. THAT TWO YEARS TRAFFIC STUDY DONE TWO YEARS AGO IS, THAT IS STILL RELATIVELY ACCURATE. THE ROUNDABOUTS ARE DESIGNED FOR ENHANCED TRAFFIC FLOW, UM, AS THE CITY GROWS. UM, WE WOULD NOT DESIGN A ROUNDABOUT THAT WAS NOT AVAILABLE, UH, FOR MORE TRAFFIC THAN WHAT IT IS CURRENTLY HANDLING. UM, THIS WILL DELAY THE CONSTRUCTION THAT WE BADLY NEED AND IS ALREADY PENDING OR IS ALREADY BEING DONE. THE, UM, IT'S ON COLORS CROSSING THE, UM, AS A MATTER OF FACT, IN ALL OF THESE, I BELIEVE MOST, AT LEAST MOST OF THEM, UM, THE, UM, THEY'VE ALREADY PURCHASED THE LAND NECESSARY FOR IT. UM, THIS IS JUST A DELAYING TACTIC. I DON'T UNDERSTAND WHY WE'D WANNA DO THAT. WE NEED TO KEEP MOVING [02:10:01] WITH THESE PROJECTS AS THEY ARE. UH, THEY'VE BEEN WELL STUDIED. WE HAVE ENGINEERS WHO'VE STUDIED THEM. WE HAVE CONSULTANTS WHO'VE STUDIED THEM. UM, AND I JUST DO NOT UNDERSTAND WHY WE EVEN HAVE THIS ON THE AGENDA. I'D LIKE TO CALL A POINT OF ORDER. UH, COUNCIL MEMBER GOZA HASN'T HAD A CHANCE TO SPEAK AND EVERYONE ELSE HAS SPOKEN MORE THAN ONCE. MORE THAN TWICE. ALRIGHT, THANK YOU. COUNCIL MEMBER GZA. I HAD A COUPLE OF OBSERVATIONS AND THESE WERE SOME OF THE THINGS THAT CONCERNED ME AND WHY I WAS HAPPY TO SEE THIS ITEM COME BACK. ONE OF THEM IS ON PAGE 18 OF THE STUDY. IT, UH, CITE THAT CONVERSION OF STOP CONTROLLED INTERSECTIONS TO MULTI-LINE ROUNDABOUTS ONLY YIELD A 5% CRASH REDUCTION FACTOR. SO THERE IS, THERE ARE NUMEROUS STUDIES THAT SHOW THAT MULTI-LINE ROUNDABOUTS DO NOT PRODUCE THE SAME SAFETY EFFECTS AS A SINGLE LANE ROUNDABOUT, PARTICULARLY ON BUSY ROADS. UM, SO THAT IS ALSO, THAT'S OUT THERE FOR THAT CONSIDERATION BECAUSE IT IS A LOT OF MONEY. BUT ONE OF ANOTHER THING IS THAT PEDESTRIAN SAFETY WAS NOT OBSERVED DURING THE ORIGINAL STUDY. THE ORIGINAL STUDY WAS DONE IN JULY WHEN THERE WAS NO PEDESTRIAN TRAFFIC FROM EITHER OF THE SCHOOLS. AND SO I THINK IT'S REALLY HARD TO JUDGE WHAT MIGHT BE NEEDED THERE. AND I KNOW WE'VE TALKED ABOUT THERE BEING, UM, ISLANDS THERE, BUT CLEARLY SOME OTHER PEOPLE THINK THAT THERE COULD BE JUST AN EQUALLY SAFE WITH THE INTERSECTIONS. AND ESPECIALLY THEN IF WE DON'T KNOW WHAT TXDOT IS GOING TO BE DOING WITH THE 1626 CORRIDOR, I THINK IT'S PREMATURE TO BUILD ROUNDABOUTS THAT MIGHT HAVE, UH, TRAFFIC BACKUPS IF WE WIND UP KEEPING THOSE LIGHTS THERE AT CROMWELL AND 1626. THANK YOU. THANK YOU. UH, AND TO, JUST TO CLARIFY WHAT SHE'S COUNCIL MEMBER ZA IS SAYING IS THIS STUDY FOR THE ROUNDABOUT WAS NOT DONE DURING SCHOOL TIME. THERE'S NO SCHOOL TRAFFIC INVOLVED IN THIS STUDY. THAT IS A BIG CONCERN AND THAT SHOULD BE A CONCERN, ESPECIALLY FOR THOSE WHO KIDS WHO ARE DRIVING IN THAT AREA. UM, I'M, I'M LOOKING, I WISH I WOULD'VE PRINTED THIS OUT AND HIGHLIGHTED IT. THIS, THIS, UM, REPORT IS QUITE INTERESTING. UM, AND I, AND IT, IT, IT DOESN'T LEAVE ONE WAY OR ANOTHER. IT DOESN'T SAY DO A ROUNDABOUT. IN FACT, IT SAYS IF THE ROUNDABOUT IS NOT, UM, FEASIBLE, THAT THE SAFETY LIGHT IS EQUALLY, UH, WELL, SO WITH THAT SAID, I'M GONNA MAKE A MOTION TO APPROVE AGENDA ITEM 19. SECOND. SECOND. OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY, UH, COUNCIL MEMBER GZA. UM, ROLL CALL. VOTE PLEASE. FLORES KILLED. YES. GZA? YES. MEDINA? YES. HARRIS? NO. TOBIAS? YES. YES. MCKINNEY? NO. ZAPATA. I'M SORRY. YOUR RESIDENTS. WE TRIED REALLY HARD TO GET Y'ALL SOME ROADS. NO, THE ROADS ARE STILL THERE. UM, A MOTION PASSES FOUR TO THREE. PLEASE DON'T TALK BAD ABOUT THE RESIDENTS. THAT IS RUDE ABOUT US. YOU DID. I DID NOT. ALL RIGHT. UP NEXT, [VI) Items Pulled from Consent Agenda] WE'RE GONNA GO BACK TO AGENDA ITEM NINE. CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING HAYES CENTRAL APPRAISAL DISTRICT TO PURCHASE LAND AND CONSTRUCT IMPROVEMENTS TO ESTABLISH AND OPERATE THE APPRAISAL DISTRICT OFFICE WITH A TOTAL COST TO EXCEED 15 MILLION WITH AN ESTIMATED FISCAL YEAR 20 26, 20 27 COST SHARE OF 43 40 7,735. ITEM PRESENTER, AMY ALCO REED. GOOD EVENING MAYOR AND COUNSEL. THIS ITEM WAS ON THE CONSENT AGENDA. HOWEVER, AS WE WERE GETTING CLOSER TO TODAY, THERE HAVE BEEN SOME DEVELOPMENTS. AND SO WE, WE AS STAFF RECOMMENDED PULLING THIS OFF THE CONSENT AGENDA AND HAVING A CONVERSATION. SO FOR BACKGROUND, ON JUNE 18TH, WE RECEIVED A NOTICE FROM LAURA RAVEN, THE, UH, CHIEF APPRAISER AT HAYES CAD, UH, OF THE DESIRE TO PURCHASE PROPERTY FOR PURPOSES OF CONSTRUCTING A NEW FACILITY. THE, THE CAD INTENDS TO PUR PURCHASE THIS PROPERTY SOMEWHERE BETWEEN TWO AND FIVE ACRES AND CONSTRUCT A 26,000 SQUARE FOOT FACILITY THAT CAN HOUSE UP TO 80 EMPLOYEES. THE ESTIMATED COST IS $15 MILLION. IT DOES SAY NOT TO EXCEED $15 MILLION. UM, AND IT WILL BE DEBT FINANCED AND EACH TAXING ENTITY WILL BE REQUIRED TO PAY ITS ALLOCATED SHARE OF FINANCING COST TO SUPPORT THE NEW FACILITY. THE, THERE WAS REASONING GIVEN IN THEIR LETTER AND THE LETTER IS ATTACHED TO THIS ITEM THAT ESSENTIALLY SINCE 2019, THE NUMBER OF PROTESTS HAS INCREASED FROM 22,000 TO 50 THOU 55,000. AND HAYES CAB BELIEVES THAT THEY NEED LARGER FACILITIES IN ORDER TO HANDLE THESE PROTESTS [02:15:01] IN TIME TO MEET STATUTORY REQUIREMENTS SO THAT EACH TAXING ENTITY ENTITY CAN ADAPT THEIR TAX RATE. SO THE STATE LAW PROVIDES THAT IN ORDER TO ACQUIRE OR CONVEY PROPERTY, AN APPRAISAL DISTRICT MUST OBTAIN APPROVAL FROM THE GOVERNING BODIES OF AT LEAST THREE QUARTERS OF THE TAXING UNITS ENTITLED TO VOTE ON THE APPOINTMENT. BOARD MEMBERS. HOWEVER, AS WAS POINTED OUT BY ONE OF THE, UH, RESIDENTS WHO SPOKE FAILURE TO APPROVE THE PROPERTY PURCHASE IN A TIMELY MANNER CONSTITUTE OR FAILURE TO EITHER APPROVE OR DENY CONSTITUTES APPROVAL. SO IF WE CHOOSE NOT TO APPROVE THIS RESOLUTION AND NOT TO DENY AND NOT TO FORMALLY DENY THE PROPERTY PURCHASE THAT COUNTS TOWARD THAT THREE QUARTERS VOTE, AND IF THEY, IF THEY RECEIVE THE, THE SUPPORT OF THREE QUARTERS OF TAXING UNITS, THEN ALL TAXING UNITS ARE REQUIRED TO PAY THEIR PROPORTIONAL SHARE. OUR PROPORTIONAL SHARE FOR 26 27 IS ESTIMATED AT $47,000. SO CITY COUNCIL HAS THREE OPTIONS HERE. CITY COUNCIL CAN APPROVE THE RESOLUTION, WHICH WOULD COUNT TOWARD THE THREE QUARTERS REQUIREMENT NEEDED. CITY COUNCIL COULD APPROVE AN AMENDED RESOLUTION TO DENY THE PROPOSED PROPERTY PURCHASE, IN WHICH CASE WE WOULD NOT BE COUNTED TOWARD THE THREE QUARTERS APPROVAL. OR CITY COUNCIL CAN DENY THE RESOLUTION ALTOGETHER, HOWEVER, THAT WOULD CONSTITUTE APPROVAL BECAUSE WE WOULD DENY, EITHER DENY THE PURCHASE OR APPROVE THE PURCHASE. OKAY. SO WHAT DOES THE CITY RECEIVE AS FAR AS DETAILS? THE, THE LETTER THAT'S ATTACHED TO THE AGENDA ITEM AND THEN I REACHED OUT TO LAUREN RAVEN AND GOT THE CITY'S PORT PROPORTIONATE SHARE, WHICH IS THAT $47,000 THAT WAS LISTED IN THE AGENDA ITEM. AND THAT WOULD COME OUTTA THE GENERAL FUND? YEAH, I BELIEVE SO. PROFESS THAT'S CORRECT. IT'LL BE FROM GENERAL FUND AND THEY, THE THINGS THAT HAVE OCCURRED SINCE WE GOT THIS LETTER, UM, I KNOW DRIPPING SPRINGS HAS, HAS COME OUT AND MADE SOME COMMENTS ABOUT WHETHER OR NOT THEY WANNA APPROVE THIS ITEM. I KNOW HAYES COUNTY HAD A PRETTY INTERESTING CONVERSATION ABOUT IT TODAY. SO WE WANTED TO ALLOW COUNSEL TIME TO FULLY CONSIDER THIS AS OPPOSED TO JUST PUTTING ON CONSENT. YEAH, MY CONCERN WOULD BE PAYING SOMETHING THAT WE HAVE NO IDEA WHAT WE'RE PAYING FOR. I, I DON'T THINK IN ANY NORMAL WORLD I WOULDN'T PICK OUT MY CHECKBOOK AND JUST GIVE MONEY TO, AND THEN UNDERSTAND WHAT IT IS WE'RE DOING. AND I HAVE HAD CITIES REACH OUT TO ME, HEY, WHAT ARE YOU GUYS GONNA DO? THEY'RE CONCERNED AS WELL. SO, UM, CAN WE, CAN WE DENY AND THEN REQUEST LIKE, HEY, IF YOU WANT SOMETHING LIKE THIS PASSED OR APPROVED TO, TO REQUEST THAT THEY RESUBMIT, WE CAN PUT THAT IN THE, IN A DENIAL RESOLUTION IF WE WANTED TO. YEAH. TO SAY THAT CITY DOESN'T HAVE ENOUGH INFORMATION, IS REQUESTING MORE INFORMATION AND CANNOT APPROVE AND IT THEREFORE MUST DENY UNTIL SUCH INFORMATION IS PROVIDED. OKAY. UM, HOW DID, WHAT, WHAT, HOW DOES COUNCIL FEEL ABOUT THIS? OH, I'M, I'M GLAD WE PULLED IT BECAUSE IF WE DIDN'T, I WOULD HAVE, UH, THERE'S A, A WHOLE LOT OF QUESTION MARKS AND ZERO ANSWERS. UM, I, I WANNA SEE A WHOLE LOT MORE INFORMATION BEFORE I SAY, YEAH, WE'LL, WE'LL PARTICIPATE IN YOU HAVING AN EXTRA $15 MILLION FOR A FACILITY. I, AND I DON'T DOUBT THAT THEY NEED IT. LIKE I'VE, I'VE BEEN THERE, I'VE PROTEST I AGREE EVERY SINGLE YEAR. AND, UH, I WALK IN WITH A STACK OF EVIDENCE. I MEAN, IT, I, I SPEND HOURS PREPARING. SO, UH, AND, AND IT, IT IS INCREDIBLY CROWDED AND LIKE I'VE ACTUALLY HAD SOME OF MY MEETINGS WHERE WE'VE HAD TO DO IT LIKE IN THE LOBBY 'CAUSE THERE'S NO ROOMS AVAILABLE. SO I DO NOT DOUBT THAT THEY NEED IT. UH, WE'VE HAD A TREMENDOUS AMOUNT OF GROWTH. THEY'VE HAD A TREMENDOUS AMOUNT OF NEED AS WELL. BUT YOU DON'T JUST GET TO ASK, LIKE YOU SAID, FOR A $15 MILLION BLANK CHECK WITHOUT SAYING WHAT YOU'RE GONNA USE IT ON. LIKE YEAH, I NEED A LOT MORE INFORMATION BEFORE I GIVE A THUMBS UP ON THAT. AND MY FEAR. SORRY, GO, GO AHEAD. COUNCIL MEMBER HARRIS. I AGREE. THERE'S NO, UH, BUDGET, THERE'S NO BUILDING PLAN, THERE'S NO SITE SELECTION. YOU KNOW, IT'S JUST WRITE US A CHECK AND WE'LL DECIDE ALL THAT LATER. OKAY. AND I'M VERY UNCOMFORTABLE WITH THAT. UM, COUNCIL MEMBER GZA, HOW IS THE $47,735 CALCULATED? THAT WAS NOT EXPLAINED TO ME. SO WHAT WAS EXPLAINED TO ME WAS THAT THE TOTAL WAS 1.1 MILLION AND KYLE'S SHARE WAS THAT AMOUNT. COMMISSIONER SMITH, I THINK IS THERE ANY WAY THAT HE CAN, JUST BY WAY OF BACKGROUND, WE HAD THE SAME CONVERSATION IN COMMISSIONER'S COURT TODAY. UM, IF THEY TAKE THE OVERALL VALUE, SO I DON'T THINK RESIDENTS NECESSARILY UNDERSTAND THAT THEIR TAX DOLLARS ARE NOT DIRECTLY APPORTIONED TO THE HAYES CAD. THOSE INDIVIDUAL FUNDS ARE DIVVIED OUT AMONGST ALL THE INDIVIDUAL TAXING ENTITIES IN THE COUNTY. UH, WITHIN THE COUNTY. THERE'S A HUNDRED AND TWENTY THREE, A HUNDRED TWENTY, THIRTY TWO, SOME OVER 120 [02:20:01] TAXING ENTITIES, AND IT'S BASED OFF THE PERCENTAGE OF THE OVERALL TAXABLE VALUE THAT'S COLLECTED BY THE CAT TODAY. UM, THE NUMBERS THAT WE RECEIVE FOR HAYES COUNTY, UH, OUR BASE, UH, VALOREM TAX RATE IS ROUGHLY NINE, JUST OVER 19% OF THAT A HUNDRED PERCENT OF TAXABLE VALUE. IF YOU ADD IN THE HAYES COUNTY ROAD AND BRIDGE FUND, THAT'S ANOTHER OVER 2%. SO HAYES COUNTY ITSELF IS OVER 21% OF THAT TAXABLE VALUE. UH, OVERALL, THAT BEING THE CASE, I'VE SPOKEN TO OTHER MUNICIPALITIES, THEY HAVE THE EXACT SAME CONCERNS YOU HAVE, THE CONCERNS THAT I HAD THAT WERE BROUGHT FORTH IN COURT TODAY, AND BY THE WAY, WE PASSED A DENIAL RESOLUTION ON A FIVE ZERO VOTE. UH, WE'VE ALL, WE, YOU JUST GOT THROUGH TALKING ABOUT TRANSPORTATION PROJECTS, I KNOW THAT Y'ALL HAVE MULTIPLE VERTICAL CONSTRUCTION PROJECTS. WE KNOW THAT THOSE PROJECTS, YOU DON'T JUST HAVE A CHECK AND THEN GO OUT AND SAY, WE'LL FIGURE OUT THE PLACE, WE'LL FIGURE OUT THE ROOM. WE'LL, WE'LL FIGURE OUT WHAT THE NEEDS ASSESSMENT IS. NONE OF THOSE THINGS HAD BEEN DONE. WHAT WE CHOSE TO DO WAS A, A RESOLUTION OF DENIAL WITH DIRECTION TO OUR STAFF STATING IF THEY WOULD LIKE TO DO THIS IN THE FY 28 BUDGET, THEN WE WOULD BE SUPPORTIVE OF THAT IF THEY CAME BACK TO US. AND THE SUGGESTION WAS FEBRUARY, MARCH OF 2027 TO SAY, LOOK, HERE IS WHAT WE NEED, HERE IS WHY WE NEED IT, AND HERE'S WHAT OUR OVERALL, UH, OUR OVERALL REQUEST IS. WE DON'T HAVE ANY OF THAT AND WE WOULDN'T FEEL COMFORTABLE MOVING FORWARD AS, AS A COUNTY, WE HAD THE, A VERY OPEN DISCUSSION THAT NO ONE ON OUR COURT FELT COMFORTABLE MOVING FORWARD WITH ANY TYPE OF SITUATION LIKE THAT BECAUSE WE COULDN'T, WE COULDN'T FACE OUR CONSTITUENTS IF WE DID THAT. AND FOR US TO DO IT FOR A BOARD THAT IN EVERY MEMBER OF OUR COURT, SAVE ONE GAVE EXAMPLES OF HOW THEY'VE BEEN NON-RESPONSIVE TO OUR CONSTITUENTS, NUMBER ONE, BUT SPECIFICALLY NON-RESPONSIVE TO US WHO ARE BEING ASKED TO FUND THIS ON BEHALF OF OUR CONSTITUENTS. IT WAS A NON-STARTER FOR OUR COURT. I WILL TELL YOU, I'VE TALKED TO AT LEAST TWO OTHER MUNICIPALITIES WHO HAVE THE EXACT SAME CONCERNS. I, THE BIGGEST, THE OTHER LARGE CONCERN I HAVE IS THE INITIAL LETTER, UH, THAT WAS PUT FORTH. AND I, I DON'T KNOW IF Y'ALL HAVE A COPY OF THAT AND IF, IF IT'S THE SAME LETTER THAT WE GOT, I, I'M NOT AWARE, BUT THERE'S ACTUALLY NO MENTION OF WHAT I WOULD CONSIDER THE SHOT CLOCK THAT IS ATTACHED TO THIS. HUH, THAT'S ACCURATE. OUR LETTER, OUR LAST LETTER ALSO DOES NOT CLARIFY THAT IF WE DON'T APPROVE THAT, THAT'S STILL APPROVAL. LIKE IF WE DON'T, IF WE NEITHER APPROVE PILOT, HOW DO WE FIND THAT? HOW'D YOU FIND THAT OUT? IT'S, IT'S, IT'S IN THE LAW. UM, AND WE AS OTHER MUNICIPALITIES AND TAX ENTITIES HAVE SUGGESTED WANTING TO MOVE FORWARD, WE'VE BEEN SHARING INFORMATION WITH EACH OTHER. AND SO IT CAME THROUGH IN THAT INFORMATION. I DO ALSO WANNA CLARIFY, I WAS SENT, THIS IS THE CITY'S PROPORTIONAL SHARE, BUT I WASN'T SENT WHAT EVERYBODY ELSE'S PROPORTIONAL SHARE WAS TO TRY TO COMPARE, MAKE SURE THAT THEY WERE ALL BEING CALCULATED, THEY'RE ALL RELEVANT. CAN I ASK HOW WE FOUND OUT THERE WAS $80,000 GOING TO A SALARY, UH, THAT WAS BROUGHT FORTH BY ONE OF MY COURT MEMBERS TODAY, AND I HAD NO IDEA ABOUT IT. BUT I CAN TELL YOU WHEN WE'RE LOOKING AT AN OVERALL, LIKE WE ARE IN THE MIDDLE OF A SALARY SURVEY FOR ALL OF OUR STAFF, WE'RE LOOKING AT HAVING TO POSSIBLY ADOPT A TAX RATE THAT WOULD INCREASE MAYBE FIVE, FIVE AND A HALF MILLION. NOT TO MENTION OUR COLLECTIVE BARGAINING AGREEMENT WITH OUR LAW ENFORCEMENT, THAT UNDER THAT AGREEMENT WILL PROBABLY COST US ANOTHER TWO TO TWO AND A HALF MILLION DOLLARS PAYING FOR OUTSIDE SALARIES WHEN WE DON'T HAVE ANY INPUT ON THAT WAS JUST A, IT WAS NOT A GOOD LOOK FOR THE CADS FOR US. AGAIN, THE, THE SHOT CLOCK PORTION OF THIS, AND I SAY SHOT CLOCK BECAUSE IT'S SOMETHING WE'RE ALL FAMILIAR WITH, ANY APPLICATION AND FOR ANY RESIDENTS WHO MAY BE LISTENING, ANY APPLICATION THAT IS SUBMITTED, UH, OR PERMIT REQUEST TO THE COUNTY OR TO THE CITY UNDER STATE LAW, WE HAVE 30 DAYS TO, TO CONSIDER OR IT BECOMES, WE HAVE TO ACCEPT IT. WE, WE DON'T HAVE A CHOICE. I VIEW THIS AS THE EXACT SAME THING, EXCEPT WE BY LAW SHARE THAT WITH A RESIDENT. WE SHARE THAT WITH ANY OF THOSE, A DEVELOPER OR A RESIDENT WHO WANTS A NEW DRIVEWAY PERMIT. I THINK IT IS VERY, I I THINK IT WAS VERY UNPROFESSIONAL AND I'LL PUT THAT IN THE MOST KIND SENSE POSSIBLE THAT OUR CAD KNEW THAT SENT US THESE NOTICES AND DIDN'T, DIDN'T HAVE THE COURTESY OR THE PROFESSIONAL COURTESY TO LET US KNOW THAT IF WE TOOK NO ACTION WHATSOEVER OR IF WE DECIDED TO PUT IT ON THE AUGUST 1ST AGENDA, GUESS WHAT? IT'S TOO LATE. YOU'VE ALREADY APPROVED IT. THE OTHER THING I'LL NOTE FROM MY CONVERSATION WITH THE COMMISSIONER BEFORE THIS MEETING, BECAUSE WE WERE STANDING BACK THERE, UM, IT APPEARS THAT THE TAX ENTITIES WERE NOTIFIED ON DIFFERENT DATES. SO OUR DEADLINE IS JULY 18TH. MY UNDERSTANDING IS THE COUNTY'S DEADLINE IS JULY 28TH OR 26TH. SO THERE WE WERE, WE WERE NOT ALL NOTIFIED AT THE SAME TIME. WE WERE NOTIFIED SEPARATELY. [02:25:01] WELL, I WOULD LIKE TO, UM, YOU GUYS WANNA TALK ABOUT THIS FOR, HAS ANYBODY TALKED TO HAY CISD? BECAUSE ASSUMING IT'S SIMILAR TO LIKE THEIR, THEIR VOTING BLOCK, LIKE FOR THEIR COUNCIL MEMBER, I LOVE YOUR ASSUMPTION THAT I WOULD GET A RETURN PHONE CALL FROM HAYES CATT OH NO, NO. THAT THE SCHOOL OF MY RESIDENT. THE SCHOOL DISTRICT. THE SCHOOL DISTRICT. THE SCHOOL DISTRICT. BUT NO, IT, IT DOES NOT APPEAR TO BE THREE QUARTERS OF THE TAXABLE VALUE. IT APPEARS TO BE THREE QUARTERS OF THE TAXING ENTITIES ENTITLED TO VOTE. IF THAT'S YOUR QUESTION. OKAY. DOES A-C-I-S-D GET MORE VOTES? I DON'T BELIEVE THEY DO. OKAY. I I WILL TELL YOU, I BELIEVE IT'S BASED OFF OF WHENEVER WE HAVE APPOINTMENTS TO THE HAYES CAD, UM, THAT I'M NOT A THOUSAND PERCENT SURE ABOUT HOW THEIR OR ARE CALCULATED, BUT IT'S NOT THE OVERALL TAXABLE VALUE, IT'S THE NUMBER OF TAXING NUMBER OF RESIDENTS TAXED WITHIN THAT ENTITY. SO WE BY FAR HAVE THE LION SHARE BECAUSE WE HAVE ALL THE TAXPAYERS IN THE COUNTY. WE DON'T NECESSARILY COLLECT MORE TAXES THAN SOME OF THE OTHER ENTITIES IN THE COUNTY, IF THAT MAKES SENSE. IS THAT A FAIR? YEAH, I THINK THAT'S CORRECT. FOR THE PROPORTIONAL SHARE, THE STATE LAW SAYS THREE QUARTERS OF THE TAXING ENTITIES ELIGIBLE TO VOTE. THAT'S, THAT'S, UH, RIGHT HERE, THREE, THREE QUARTERS OF THE GOVERNING BODIES OF AT LEAST THREE QUARTERS OF THE TAXING UNITS ENTITLED TO VOTE. SO TO ME, IT DOESN'T MATTER HOW MANY RESIDENTS OR PEOPLE EACH OF THOSE TAXING ENTITIES SERVES, EACH TAXING ENTITY IS ONE PORTION OF THAT THREE QUARTERS. OH, SO YOU'RE SAYING DRIPPING SPRINGS, IT HAS LIKE A QUARTER OF THEIR POPULATION IS SAN MARCUS OR THEY ALL GET THE SAME. RIGHT. SO IF, IF YOU KNOW MORE THAN A QUARTER OF THOSE GOVERNING BODIES VOTE NO, THEN THIS DOES NOT GO THROUGH. OKAY. ANY OTHER DISCUSSION? I'D LIKE TO, TO MAKE A MOTION TO VOTE NO . CAN WE PUT IN THE STIPULATIONS THOUGH? I WOULD, I WOULD RECOMMEND A MOTION TO APPROVE AN AMENDED RESOLUTION THAT DENIES THE PROPOSED PROPERTY PURCHASE AND THEN PROVIDES WHATEVER COMMENTARY IT IS THAT COUNSEL WANTS ABOUT INFORMATION THAT THEY'RE REQUESTING THAT HAYES HAD BRING BACK. CAN WE ALIGN IT WITH WHAT THE COUNTY REQUESTED? ABSOLUTELY. OKAY. I WOULD PREFER THAT, YES. ALRIGHT. CAN WE GET LIKE KIND OF A YEARLY SCHEDULE OF WHAT WE WOULD EXPECT PAYMENTS TO LOOK LIKE OR AN ESTIMATE THEREOF? YEAH, WE CAN PUT THAT IN AS ONE OF OUR REQUESTS THAT WE WOULD LIKE A, A SCHEDULE OF WHAT WE WOULD EXPECT THE PAYMENTS TO LOOK LIKE TO BE BRING BROUGHT BACK WHEN THEY BRING BACK THE DETAILS THAT WE'RE REQUESTING. THANK YOU. GO AHEAD MARK. I'D LIKE TO MAKE A MOTION TO APPROVE AN AMENDED RESOLUTION THAT DENIES THE PROPOSED PROPERTY PURCHASE WITH THE AMENDMENT THAT WE BRING BACK IN. THEY CAN REAPPLY WITH THE REQUEST THAT THEY COME BACK, IT SOUNDED LIKE FEBRUARY OR MARCH OF NEXT YEAR WITH DETAILS ABOUT THE PROPERTY INTENDED USE, THE INTENDED PROPERTY AND A PROPOSED SCHEDULE FOR WHAT KYLE'S PORTION WOULD BE. LONG TURN. DO WE WANT TO ADD ANYTHING ELSE? , DID WE MISS ANYTHING? COMMISSIONER ? I, I WOULD SAY TO YOUR QUESTION, UH, WHEN WE MADE THAT REQUEST IN THE SPECIFIC, UH, FUNDING NUMBERS THAT WE WERE GIVEN, THE THE ONE THAT JUMPED OUT AT ME MORE SO THAN ANYTHING, UH, ON OUR AVALOR RATE OR OUR DONATION FROM OUR AVALOR TAX RATE, IT WAS OVER $450,000 JUST OUT OF THAT. UM, THE ADDITIONAL PROBABLY 40 TO $45,000. I MIGHT, MY NUMBERS MIGHT BE A THOUSAND OR TWO OFF. UM, THAT WOULD'VE COME OUT OF OUR ROAD AND BRIDGE. BUT THE NUMBERS PROVIDED US BY THE CAD ITSELF. UM, ONE THAT REALLY STUCK OUT TO ME WAS THAT THEIR BUILDING FUND WENT FROM 50,000 TO 1,000,050 THOUSAND ANNUALLY. NOW THERE WAS NO, THERE WAS NO SCHEDULE, UM, THERE WAS JUST THE ASSUMPTION THAT THAT FUND WOULD BE RAISED BY A MILLION DOLLARS A YEAR WITH ABSOLUTELY NO ACCOUNTING, UH, BACKUP IN ANYTHING THAT WAS PROVIDED TO US. OKAY. DO YOU HAVE DIRECT, DO YOU HAVE THE DIRECTION YOU NEED? DIRECTION? YES, MA'AM. ALL RIGHT. I GOTTA, I'LL SECOND IT. UM, SO I HAVE A MOTION BY COUNCIL MEMBER MCKENNEY SECOND BY MYSELF. UM, ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? ALL RIGHT. MOTION PASSES. SEVEN ZERO. ALL RIGHT. UP NEXT, I'M GLAD WE'RE ALL GETTING ALONG AGAIN, . I'M SORRY. I HATE TO FIGHT. UM, NUMBER [10) Receive a report, hold a discussion, and provide staff direction on the Hays County Homeless Coalition 2026 Point-in-Time Count & Survey Analysis.] 10, WE'RE GONNA RECEIVE A REPORT, HOLD A DISCUSSION, AND PROVIDE STAFF DIRECTION ON THE HAYES COUNTY HOMELESS COALITION 2026 POINT IN TIME COUNT AND SURVEY ANALYSIS ITEM PRESENTER, MAYOR, THE, THE REPRESENTATIVES FROM THE HAYES COUNTY HOMELESS COALITION HAD TO GO. IT, IT GOT LATE. SO IF WE COULD BRING IT BACK ON A ABSOLUTELY MEETING, THAT'D BE GREAT. OKAY. ALL RIGHT. SO THEN WE'RE GONNA GO TO AGENDA ITEM 11. [11) Receive a report, hold a discussion, and provide staff feedback on the overview of the schedules, cost projections, and status of the 2022 City of Kyle Road Bond Program projects.] RECEIVE A REPORT. I'M SORRY, BEFORE I FINISH, COULD YOU, COULD YOU GUYS JUST GIMME A HEADS UP NEXT TIME? I HATE TO MAKE PEOPLE WAIT SO LONG, SO JUST BE LIKE, CAN THEY, CAN THEY GO NEXT? I WILL TOTALLY UNDERSTAND. CAN DO THAT. OKAY. THANK YOU. AND I APOLOGIZE TO THEM. UM, RECEIVE A REPORT, HOLD A DISCUSSION, [02:30:01] AND PROVIDE STAFF FEEDBACK ON THEIR OVERVIEW OF THE SCHEDULE'S, COST, PROJECTIONS, AND STATUS OF THE 2022 CITY OF KYLE ROAD BOND PROGRAM PROJECTS, ITEM PRESENTER. I THAT HE WAS GONE. MIKE TRIMBLE THE LAST BACK FOR ONE NIGHT ONLY. YEAH. THANK YOU. I'LL TAKE IT. . GOOD EVENING, MAYOR COUNCIL. MIKE TRIMBLE, DIRECTOR OF TRANSPORTATION PUBLIC WORKS. UH, SO TONIGHT WE WANT TO GIVE YOU AN UPDATE ON THE 2 22 ROAD BOND, UM, AND HOW IT'S GOING AS FAR AS IMPLEMENTATION. AND SO TONIGHT WHAT WE'LL DO IS WE'LL GIVE AN OVERVIEW OF THE PROJECTS AND WHERE THEY STAND, UH, AS FAR AS SPENDING GOES AND PROGRESS ON COMPLETION. UH, WE'LL ALSO TALK ABOUT WHERE WE'RE AT WITH, UM, UPCOMING MILESTONES, WHAT'S COMING, WHAT'S AHEAD IN 2026. WE'LL ALSO TALK ABOUT, UM, UPDATED COST ESTIMATES. WE'LL ALSO TALK ABOUT SOME OF THE, UH, FACTORS, UM, AND COST DRIVERS THAT ARE A PART OF THAT. AND THEN WE'LL ALSO TALK ABOUT SOME COST CONTAINMENT STRATEGIES WE'RE LOOKING AT AS WELL AS SOME OPPORTUNITIES FOR, UH, ADDITIONAL LEVERAGING OF FUNDING GOING FORWARD. UM, SO TO GIVE YOU AN UPDATE ON THE PROJECTS, I'M GONNA TURN IT OVER TO RICK KLATT, UH, WITH LOCHNER. THANKS, MIKE. UM, AS MIKE SAID, UH, RICK KLATT, THE GEC PROGRAM MANAGER. UM, AS FAR AS THE, UH, CITY OF KYLE 22 20 22 ROAD BOND PROGRAM, UM, THE VOTERS, AS YOU KNOW, APPROVED AT EIGHT DIFFERENT PROJECTS. UH, AND THE CURRENT STATUS ON EACH OF THOSE CURRENTLY MARKETPLACE IS COMPLETE. AND THEN WE HAVE FOUR OTHER PROJECT, THREE OTHER PROJECTS THAT ARE CURRENTLY UNDER CONSTRUCTION, KOHLER SEC, SETON, AND BB ROAD WEST, UH, WINDY HILL, AND THEN CENTER STREET OFF SYSTEM, WHICH JUST GOT STARTED IN THE LAST TWO WEEKS FROM A CONSTRUCTION PHASE. AND THEN THE OTHER REMAINING PROJECTS, OLD STAGE COACH ROAD NORTH, UH, OLD STAGE COACH ROAD, OLD STAGE COACH, NORTH NORTH, UH, BUTTON CREEK ROAD, THE KYLE LAYMAN, UH, ROAD EXTENSION BB ROAD, EAST KOHLER TO SETON AND CENTER STREET ON SYSTEM ARE AT, UH, VARYING, UH, UM, PHASES IN THE DESIGN PROCESS PRIMARILY, UH, UH, OTHER THAN THE, UH, BB EAST AND THE, UH, KOHLER'S TO SEAT AND OVERPASS PROJECT, UH, THE OTHER PROJECTS ARE NEARING ARE AT A HUNDRED PERCENT. SO, UH, I'M GONNA GO THROUGH EACH ONE OF THE PROJECTS. I'LL START BY, UH, UH, MARKETPLACE. UM, I'M GONNA GO THROUGH THIS FORMAT SIMILAR, I'M GONNA GO THROUGH THE ORIGINAL BUDGET, UH, OBLIGATED COST TO DATE, AND THE AMOUNT SPENT TO DATE, UH, AS WELL AS AN OVERVIEW OF THE PROJECT AND A STATUS OR A TIMELINE. SO ON THE MARKETPLACE PROJECT, WE HAD AN ORIGINAL BUDGET, UH, SET ASIDE OF 11.4 MILLION. UH, TO DATE OBLIGATED COSTS ARE 10 POINT, BASICALLY 10.19 MILLION, AND THE AMOUNT SPENT TO DATE IS 9.5, UH, MILLION. SO THIS PROJECT'S ACTUALLY GONNA END UP, AS WE KNOW, IT'S, IT'S COMPLETED NOW. IT'S GONNA END UP UNDER BUDGET. UM, AS FAR AS THE IMPROVEMENTS, THIS PROJECT IMPROVED 0.6 MILES OF ROADWAY, UM, FROM FM 1626 TO THE OLD BRIDGE TRAIL. UM, SO HERE'S A PHOTO OF THE ACTUAL RIBBON CUTTING AND A, A PHOTO ADJACENT PHOTO TO THE RIGHT OF THE ACTUAL ROADWAY. HERE'S AN AERIAL PHOTO TAKEN, A PHOTO TAKEN BACK IN 2023, AS WELL AS AN UPDATE IN AUGUST, 2025. NEXT PROJECT I'M GONNA GO OVER HERE IS THE, UH, KOHLER'S DECEDENT. THIS IS ACTUALLY THE COLLECTION OF BOTH THE KOHLER'S DECEDENT ROADWAY PORTION AS WELL AS THE, UH, UH, KOHLER'S IH 35 OVERPASS PROJECT. UM, BUDGETED COST FOR THIS PROJECT, THE COLLECTION OF THE TWO PROJECTS IS 66.1 MILLION, OBLIGATED COST TO DATE OF, UH, 52.4 MILLION. AND AMOUNT SPENT TO DATE IS JUST OVER, UH, 26.5 MILLION. UM, THIS PROJECT WILL EXTEND KOHLER'S CROSSING TO CONNECT WITH SETON PARKWAY, CREATING A NEW FIVE LANE UNDERPASS BENEATH IH 35. UM, THE WORK IS, AS I MENTIONED, IS SEGMENTED INTO TWO, ARE SEPARATED INTO TWO SEGMENTS. ONE IS THE OVERPASS PROJECT AT KOHLER'S CROSSING, AND THE SECOND IS THE WIDENING OF THE EXISTING, UH, ROADWAY TO CREATE AN UN, OR, I'M SORRY, WIDENING OF THE EXISTING ROADWAY TO CREATE AN UNDERPASS, A ROUNDABOUT, UH, AT THE INTERSECTION OF THE NEW KOHLERS EXTENSION AND BB ROAD AND EXTENDING SEATON PARKWAY. UH, TO CONNECT WITH THE, UH, KOHLER'S IE 35 PROJECT, TOTAL PROJECT LENGTH IS 1.11 MILES. UM, AND THE, UH, CURRENTLY CO DECEDENT OFFICES PORTION IS UNDER CONSTRUCTION WITH AN ANTICIPATED, UH, COMPLETION IN SUMMER OF 2027. AND THEN THE OVERPASS PROJECT IS ANTICIPATED TO BEGIN CONSTRUCTION IN THE FALL OF 2027. NEXT PROJECT IS THE BB ROAD, WHICH IS THE COLLECTION OF TWO DIFFERENT PROJECTS. WE CALL 'EM BB ROAD EAST, BB ROAD WEST. UM, THE ORIGINAL BUDGET IS 66.7 MILLION. OBLIGATED COST TO DATE IS 11.9 MILLION, AND THE AMOUNT SPENT IS A LITTLE OVER 10.5 MILLION. THE, UH, EAST SEGMENT IS CURRENTLY IN [02:35:01] DESIGN, AND THE WEST SEGMENT IS IN CONSTRUCTION AS PART OF THE KOHLER'S, UH, UH, BB COLLECTION OF PROJECTS THAT'S UNDER CONSTRUCTION. UM, THE PROJECT SUMMARY, UH, THE WEST SEGMENT REALIGNS A COUPLE OF SHARP CURVES AND ADDS CAPACITY TO A ONE MILE SECTION OF BEBB ROAD, UH, BETWEEN NORTHBOUND FRONT ROAD TO I 35 AND SUNLIGHT BOULEVARD, UH, WITH AN ADDITIONAL ROUNDABOUT AT THE INTERSECTION OF THE NEW KOHLERS CROSSING IN BEBB ROAD. AND THE EAST SEGMENT WILL CONSTRUCT APPROXIMATELY 1.8 MILES OF NEW FOUR LANE MINOR ARTERIAL ROADWAY FROM SUNLIGHT BOULEVARD, UH, TO EAST OF GREEN PASTURES ROAD, UH, ALONG WITH A COUPLE OF ROUNDABOUTS AT THREE INTERSECTIONS, BB ROAD, DACY LANE, AND BEBB ROAD, AND, UH, GO FORTH SOUTH, UH, AND BB ROAD AND GO FORTH NORTH. TOTAL PROJECT LENGTH OF IS 2.8 MILES. UH, THE EAST SEGMENT CONSTRUCTION, UM, CONSTRUCTION IS, UH, ANTICIPATED TO BEGIN IN THE FALL OF 2027. AND THE WEST SEGMENT CURRENTLY UNDER CONSTRUCTION IS ANTICIPATED TO BE COMPLETE IN 2027. HERE IS A, UH, KIND OF A PHOTO OF, UM, THE KOHLER'S BB PROJECTS THAT ARE CURRENTLY UNDER CONSTRUCTION. ONE THAT WAS TAKEN BACK IN FEBRUARY, 2025 BEFORE WE KICKED OFF THE CONSTRUCTION. AND ANOTHER PHOTO THAT WAS TAKEN IN, UH, MAY OF 2026. UH, HERE'S A COUPLE OF PHOTOS. UH, THE FIRST ONE ON THE LEFT IS ACTUALLY THE RIGHT TURN LANE OFF THE IH 35 NORTHBOUND FRINGE ROAD, UM, TURNING INTO ACTUAL KOHLERS TO SETON ROADWAY. AND THEN THE SECOND ONE IS JUST AN AERIAL PERSPECTIVE OF LOOKING DOWN KOHLERS IS, Y'ALL ARE WELL, WELL AWARE. WE DO HAVE THE, UH, KOHLERS FROM I 35 TO THE, UH, TO ROUNDABOUT IN A CONNECTION UP TO THE EXISTING BB ROAD THAT IS CURRENTLY UNDER, UNDER TRAFFIC WHILE WE, UH, UH, CLOSE DOWN BB UH, SECTION OF BB UH, TO CONSTRUCT THAT. UH, THE NEXT PROJECT HERE IS WINDY HILL, UM, WINDY HILL, BUDGETED COST OF 15.1 MILLION, OBLIGATED COST TO DATE OF 12.3, AND THE AMOUNT SPENT TO DATE OF ABOUT 3.2. UH, WINDY HILL IS CURRENTLY UNDER CONSTRUCTION. UH, WE GAVE NOTICE TO PROCEED ABOUT A MONTH AND A HALF AGO. UM, PROJECT SUMMARY, UM, THE CONSTRUCTION CONTRACT WAS AWARDED IN APRIL, 2026. THE PROJECT WILL EXPAND THE ROADWAY TO FOUR LANES, UH, TWO LANES IN EACH DIRECTION, UH, AND ALSO ADD A DEDICATED CENTER, CENTER TURN LANE. UM, NEW SIDEWALKS, UH, WILL BE CONSTRUCTED TO IMPROVE SAFETY AND CONNECTIVITY FOR PEDESTRIANS, UM, AND WE'LL PROVIDE FOR A SAFER, MORE EFFICIENT ROADWAY TO SUPPORT KYLE'S CONTINUED GROWTH. THE, UH, TOTAL LENGTH OF THE PROJECT IS APPROXIMATELY 0.6 MILES, AND THE LOCATION IS IE 35 NORTHBOUND FRINGE ROAD, UH, TO PURPLE MARTIN AVENUE. UH, WE ANTICIPATE CONSTRUCTION TO BE COMPLETE IN THE SUMMER OF 2027. HERE'S A COUPLE OF PHOTOS OF WINDY HILL, UH, THAT'S CURRENTLY UNDER CONSTRUCTION. UH, YOU SEE THE ROADWAY WORK, UH, OFF TO THE LEFT OF THE EXISTING BB ROAD. SO, UH, NEXT PROJECT IS OLD STAGE COACH ROAD, UH, COLLECTION OF PROJECTS. UM, THE, UH, BUDGETED COST IS 41.2 MILLION. UH, OBLIGATED COST DATE IS 36.8 MILLION, AND THE AMOUNT SPENT TO DATE IS 12.6 MILLION. UM, THIS OLD STAGE COACH ROAD ACTUALLY KIND OF, UH, MAKES UP THREE DIFFERENT SEGMENTS THAT WE'VE BROKEN IT INTO. UH, WE'VE GOT CENTER STREET OFF SYSTEM PORTION, WHICH IS AT THE BOTTOM THERE IN THE, THE LIGHTER BLUE. AND THEN WE'VE GOT THE OLD STAGE COACH ROAD SECTION, WHICH IS THE, FROM ROUNDABOUT OLD STAGE COACH ROAD UP TO SIX CREEKS. AND THEN FROM SIX CREEKS, WE HAVE THE OLD STAGE COACH ROAD NORTH PORTION. UM, THIS 2.2 MILE ROAD IMPROVEMENT, AS I MENTIONED, IT'S DIVIDED INTO THREE DIFFERENT SEGMENTS. THE PROJECT WILL WIDEN THE ROADWAY ON OLD STAGE COACH ROAD AND WIDEN THE CENTER LANE ON CENTER STREET, UH, PROVIDE PEDESTRIAN CROSSINGS AND INCORPORATE, UH, INCORPORATE IN ALL THREE PROJECT SEGMENTS. COMBINED LENGTH IS APPROXIMATELY 2.2 MILES, UM, AND OLD STAGE COACH ROAD NORTH CONSTRUCTION IS ANTICIPATED TO BEGIN IN THE FALL OF 2026. OLD STAGE COACH ROAD BIDDING, UH, ANTICIPATED TO BEGIN THE SUMMER OF 2026. AND THEN CENTER STREET OFF SYSTEM IS CURRENTLY UNDER CONSTRUCTION, UM, WITH NTP ISSUED, UH, IN THIS LAST MONTH OF JUNE. UH, THE NEXT PROJECT HERE IS BUTTON CREEK ROAD, UH, HAD A BUDGETED COST OF 28.6 MILLION, UH, OBLIGATED COST TO DATE OF 10.2 MILLION, AND AN AMOUNT SPENT TO DATE OF APPROXIMATELY 8.1. UM, BUTTON CREEK IS CURRENTLY AT A HUNDRED PERCENT DESIGN. UM, THE PROJECT WILL IMPROVE, [02:40:01] UH, BUTTON CREEK ROAD FROM LAYMAN ROAD TO, UH, PORTER COVE. UH, IT WILL INCLUDE INTERSECTION IMPROVEMENTS, WIDEN TRAVEL LANES. UH, THE PROJECT WILL ALSO PROVIDE NEW SIDEWALKS AND A SHARED USE PATH, UH, TO IMPROVE SAFETY AND MOBILITY FOR THE USERS. UM, THE PROJECT ALSO INCLUDES THE RECONSTRUCTION AND IMPROVING INTERSECTIONS AT BUTTON CREEK ROAD AND SOUTH GO FORTH ROAD. TOTAL LENGTH OF THE PROJECT IS 1.2 MILES. UH, LOCATION, UH, IS FROM LEHMAN ROAD IS TO PORTER COVE, AS I MENTIONED. AND CONSTRUCTION IS, UH, ANTICIPATED TO BEGIN IN THE FALL OF 2026. UH, THE NEXT PROJECT HERE IS KYLE LAYMAN EXTENSION. UM, THIS PROJECT IS, IS AT A HUNDRED PERCENT DESIGN. UM, THE PROJECT IS BROKEN INTO, UM, TWO DIFFERENT SEGMENTS. EX UH, UH, THE PROJECT WILL IMPROVE MOBILITY AND REDUCE CONGESTION IN THE NORTHERN KYLE BY EXTENDING LEHMAN ROAD, UH, NORTHEAST FROM BUTTON CREEK ROAD TO DACY LANE. UH, IT'S A FOUR LANE SECTION THAT, THAT WILL EXTEND KYLE PARKWAY AND CONNECT WITH THE NEW SEGMENTS. UH, TOTAL LENGTH OF THE PROJECT IS ABOUT 1.3 MILES. AND, UH, CONSTRUCTION, UH, BIDDING IS ANTICIPATED TO BEGIN IN THE FALL OF 2026. UH, NEXT PROJECT HERE IS CENTER STREET ON SYSTEM PORTION OF THE PROJECT. UM, THE, UH, THE BUDGETED COST FOR THE PROJECT IS 10.2 MILLION. WE'VE OBLIGATED TO DATE 4.7 MILLION, AND THE AMOUNT SPENT TO DATE IS 3.9. UM, THE DESIGN FOR THE PROJECT IS AT THE 60% LEVEL, ROUGHLY A LITTLE BIT BETTER THAN HALF OF THE FINAL DESIGN IS COMPLETE. UM, AND THE PROJECT WILL, UM, THE, UH, WIDEN THE EXISTING, UH, TWO LANE SECTION WILL BE WIDENED TO THREE LANES, UH, WITH THE CENTER TURN LANE IN THE MIDDLE. THE TOTAL PROJECT LENGTH IS APPROXIMATELY 0.4 MILES, AND THE LOCATION IS FROM VETERANS DRIVE TO MAIN STREET. WE ANTICIPATE CONSTRUCTION TO BEGIN IN EARLY 2027. UH, HERE'S A LITTLE UPDATE TABLE OF THE RIGHT OF WAY ACQUISITION, UH, PROCESS AND WHERE WE'RE AT, UH, OVER 80% OF THE PARCELS ARE IN THE LATER STAGES OF ACQUISITION, MEANING THAT THEY'RE EITHER IN NEGOTIATIONS, CLOSINGS, OR IN POSSESSION WITH APPROXIMATELY 65% OF THE, UH, THE RIGHT OF WAY IS, IS CLOSING AND OR IN POSSESSION. AS YOU SEE THE END THERE, 58.3% OF THE PROPERTIES ARE ACTUALLY IN THE CITY OF KYLE'S POSSESSION AT THIS TIME. UH, SUMMARY OF ANTICIPATED 2026 PROJECT MILESTONES IN QUARTER ONE OF 2026, UM, REACHING FINAL DESIGN ON BOTH OLD STAGE COACH ROAD NORTH, UM, AND THEN CENTER STREET OFF GOING TO BID, UH, Q2 OF 2026. UH, REACHING FINAL DESIGN WOULD BE OLD STAGE COACH ROAD, UH, ANTICIPATED, UH, GOING TO BID WITH OLD STAGE COACH ROAD IN Q2 OF 2026. UM, AND THEN BEGINNING CONSTRUCTION OF CENTER STREET OFF SYSTEM AT WINDY HILL, UH, Q3 OF 2026, REACHING FINAL DESIGN OF BB ROAD EAST AND THEN GOING TO BID WITH, UH, BUTTON ROAD, BUTTON CREEK ROAD, OLD STAGE COACH ROAD NORTH, AS WELL AS THE KYLE PARK PARKWAY LAYMAN EXTENSION. AND THEN BEGINNING CONSTRUCTION ON OLD STAGE COACH ROAD. UH, IN Q4, WE ANTICIPATE REACHING FINAL DESIGN ON CENTER STREET, ON SYSTEM, AND THEN BEGINNING CONSTRUCTION ON THE PROJECTS BUTTON CREEK ROAD PROJECT, UH, OLD STAGE COACH ROAD NORTH, AS WELL AS KYLE PARKWAY. UH, ROADWAY EXTENSION, PROJECTED COST ESTIMATES FOR THE PROGRAM. UM, SOME OF THE, UH, THE COST ASSUMPTION ASSUMPTIONS, UM, THE COST ESTIMATES ASSUME 10 TO OR 10 TO 15% CONTINGENCY. UH, THIS CONTINGENCY IS ACCOUNTS FOR THE UNKNOWNS, UNANTICIPATED FACTORS, AND AS WELL AS CHANGES DURING CONSTRUCTION. UM, JUST WANT TO POINT OUT THAT THE, UH, COST PROJECTIONS ARE, YOU KNOW, A POINT IN TIME. SO THEIR ESTIMATES AS OF TODAY, UM, AND THE ESTIMATES ARE REFINED AS PROJECTS GET CLOSER TO CONSTRUCTION. UM, AND THEN BEST INDICATOR, AS WE'VE MENTIONED IN THE PAST IS, YOU KNOW, ACTUALLY GETTING, UH, YOU KNOW, RECEIVING BIDS ON THESE PROJECTS AS THEY DO GO TO CONSTRUCTION AT THAT POINT, WE'LL TAKE THOSE, UM, THOSE COSTS THAT WE RECEIVE AND REFINE AND UPDATE OUR COST PROJECTIONS. UM, KEY, UH, KEYS TO CONTROLLING, UH, COST CHANGES, YOU KNOW, IS TO MITIGATE RISK, YOU KNOW, TURNING THE UNKNOWNS INTO KNOWNS, UM, AS WELL AS ACCELERATED CONSTRUCTION SCHEDULES TO AVOID COST ESCALATION AND PROVIDE CERTAINTY IN CONSTRUCTION PRICING. SO, UH, THE SOONER WE CAN GO GET TO CONSTRUCTION ON THESE PROJECTS, UH, THE BETTER FROM A COST STANDPOINT. THE CURRENT COST [02:45:01] PROJECTIONS I'M GONNA GO THROUGH, THERE'S THESE BROKEN ENDED. I, AS I MENTIONED, EIGHT DIFFERENT PROJECTS. UM, AND WE HAVE COLUMNS FOR DESIGN, ANTICIPATED DESIGN COSTS RIGHT AWAY, UTILITY RELOCATION, CONSTRUCTION, UH, CONTINGENCY, AND THEN TOTAL, UH, PROJECTED COSTS BY PROJECT. UM, SO ON, AS YOU CAN SEE GOING ACROSS THERE, WHEN WE LOOK AT THE, UH, UM, OVERALL TOTAL FOR THE PROGRAM AT THIS POINT, UH, WE ARE AT 330,000,560. UM, AND THEN YOU ADD IN THE GEC SERVICES, UH, YOU TAKE OUT THE PROJECTED TEXT PARTICIPATION, AND THEN THE TOTAL, UH, PROJECTED BOND PROGRAM COST AT THIS POINT IS 338,600. I'M SORRY, 338 MILLION. DID I, I SAID DID, I SAID A THOUSAND. SO 300, 3 30 8 MILLION, 600,000. SO AT THIS POINT, I WANNA TURN IT BACK OVER TO MIKE. YEAH, SO, UM, I'LL JUST GO BACK REAL QUICK. AS A COST PROJECTION SHOW, OBVIOUSLY WE'RE OVER THE 2 94 AT LEAST WE'RE PROJECTING THE COST WILL COME IN, UH, OVER THE $294 MILLION APPROVED BY THE VOTERS. AND SO WHAT I WANT TO TALK ABOUT ARE SOME OF THE COST DRIVERS BEHIND THAT. UM, SO AGAIN, IT'S HARD TO DELINEATE, YOU KNOW, SPECIFICALLY, YOU KNOW, COLUMNS AND DESIGN UTILITIES, KIND OF WHERE ALL THOSE ARE. BUT WE CAN TALK ABOUT DIFFERENT PIECES OF SCOPE THAT HAVE BEEN ADDED AND DIFFERENT, UH, COST DRIVERS THAT ARE ASSOCIATED WITH IT. SO LEMME START WITH, UM, SOME OF THE, THESE SCOPE ADS, UM, THAT ARE ALSO PART OF THE COST DRIVERS FOR, UM, WHAT, WHAT YOU'RE SEEING IN THE COST PROJECTIONS. UH, WE HAD A REVISE ALIGNMENT FOR OLD STAGE COACH ROAD NORTH AT $170,000. UM, WE HAVE ALSO HAD ADDITIONAL DESIGN COORDINATION WITH DEVELOPERS ON THE COLORS AND BB UH, PROJECTS AS WELL AS MARKETPLACE AVENUE. OBVIOUSLY THAT ADDS COST TO OUR DESIGN AS WE'RE DOING THAT COORDINATION. UM, WE'VE HAD ADDITIONAL UTILITY DESIGN, UH, TO MEET, UH, UH, CITY WATER NEEDS. SO AS YOU COORDINATE WITH THE UTILITIES, UM, A WATER ELECTRIC, ET CETERA, OBVIOUSLY THAT'S GONNA ADD TO THE, SOME OF THOSE, UM, DESIGN COSTS. YOU'VE SEEN THAT IN SOME OF THE TASK ORDERS THAT HAVE COME. WE'VE TALKED ABOUT COORDINATION WITH PEC AND, UH, WITH, WITH SOME OF THE WATER UTILITIES, INCLUDING KYLE WATER. UM, THERE WAS A FIFTH LANE, UM, ADDED ON BUTTON CREEK ROAD TO IMPROVE THE MOBILITY. UM, THAT WAS $3 MILLION. UM, PC OVERHEAD, UNDERGROUND CONVERSION, THIS IS A LARGE COST, UM, TO THE PROGRAM. UM, THAT'S ABOUT OVER 22, ALMOST $23 MILLION, UM, ADDED TO THE PROGRAM FOR THAT DECISION TO, UH, GO FROM OVERHEAD TO UNDERGROUND CONVERSION. WE ARE CURRENTLY, UH, REEVALUATING SOME OF THAT ON SOME OF THE PROJECTS THAT ARE PARTICULARLY, UM, IN URBAN, UH, CONTEXTS, UH, EXISTING ROADWAYS 'CAUSE A RETROFIT ON UNDERGROUNDING IS VERY EXPENSIVE. AND SO, UM, WE ARE LOOKING AT THAT, THAT NOW, BUT THAT IS A HUGE COST ADDED TO THE PROGRAM. AND THEN THE VIBE TRAIL, UM, ADDING THAT ELEMENT TO THE PROGRAM THAT WASN'T, WASN'T INITIALLY, UH, A PART OF IT, UH, WAS ABOUT 3.6, ALMOST $4 MILLION AS WELL. SO AS YOU CAN SEE, UM, SOME OF THESE THINGS ARE JUST, UM, ADDING TO THE, THE COST FOR THE PROGRAM. AND THEN THERE'S SOME ADDITIONAL COSTS THAT I WILL, I WILL SAY ARE TANGENTIALLY RELATED TO THE, THE ROAD BOND PROJECTS, BUT THAT ARE NOT, NOT ACTUALLY PART OF THE PROJECTS THEMSELVES. UM, THERE WAS $5.5 MILLION, UM, INCLUDED, UM, AS PART OF THE COW PARK DEVELOPMENT, UH, PROPERTY ACQUISITION FOR LAYMAN PUMP STATION, UH, FOR BUTTON CREEK ROAD PARCEL TWO, UH, WAS 2.1 MILLION. UH, PROPERTY ACQUISITION FOR REBEL INVESTMENTS, UH, CENTER STREET PARCEL, UH, 1.3 MILLION. UH, SO THAT ADDED, UH, $9 MILLION, UM, TO RIGHT AWAY COSTS IN ADDITION TO WHAT WE WERE ALREADY ACQUIRING FOR THE PROJECTS THEMSELVES. AND THEN UTILITY BETTERMENTS, AND THIS IS WHEN, UH, THERE'S A, LIKE A WATERLINE UPGRADE. LET'S SAY THERE WAS A 12 INCH THAT'S BEING UPGRADED TO A 16 INCH. AGAIN, I KNOW YOU'VE SEEN SOME OF THOSE COME TO YOU, UH, IN DIFFERENT TASK ORDERS, UM, AND PROJECT REQUESTS. UH, BUT THOSE HAVE BEEN TOTALING UP AND THAT'S ABOUT $3 MILLION, UH, TOTAL UTILITY BETTERMENTS AS WELL. UM, UH, SOMETHING THAT'S NOT INCLUDED IN THE CURRENT PROGRAM ESTIMATE, BUT THAT IS A COST THAT'S BEING CARRIED BY THE ROAD BOND PROGRAM RIGHT NOW WAS THE RELOCATION OF THE OLD, UH, STAGECOACH ROAD HERITAGE OAK TREE. UM, I THINK THERE WAS INITIALLY, UH, ANTICIPATION THAT, THAT THERE WAS SOME MONIES, UH, RECEIVED FROM THE DEVELOPER, UH, THAT WOULD HELP US WITH SOME OF THOSE COSTS. UM, BUT CURRENTLY THOSE COSTS ARE BEING, UH, BORN BY THE, THE ROAD BOND PROGRAM. UM, SOME POSITIVE COST TRENDS. UM, IT'S NOT ALL BAD NEWS. UM, SO , UH, WE HAVE GOTTEN LOWER BIDS ON A COUPLE OF OUR PROJECTS. YOU SAW THE MARKETPLACE PROJECT CAME UNDER BUDGET AND WE'RE ALMOST, AND WE'RE BASICALLY WRAPPING UP AND CLOSING OUT THAT PROJECT NOW. UM, THE KOHLER SEC, SETON AND BB PROJECTS, UM, ONE OF THE LARGER PROJECTS IN THE ROAD BOND THAT ACTUALLY CAME IN ABOUT $8 MILLION UNDER ESTIMATED, UH, UH, COST FOR CONSTRUCTION. AND SO, UM, CENTER STREET OFF SYSTEM, UM, CAME IN A LITTLE BIT OVER BUDGET, BUT AGAIN, THAT'S BECAUSE OF THE COMPLEXITY OF THE PROJECT, A LOT OF DRAINAGE AND A LOT OF UNDERGROUNDING OF UTILITIES ASSOCIATED WITH THAT PROJECT. AND SO AS WE GO FORWARD, WE'LL BE CLOSELY WATCHING, UH, THE BIDS THAT ARE COMING IN. AGAIN, THAT IS THE BEST, UH, INFORMATION WE HAVE ABOUT THE TRUE COST OF THE PROJECT. ONCE WE HAVE THOSE IN, WE CAN ALSO THEN, UH, ADJUST AND THEN TAKE ADDITIONAL COST CONTAINMENT [02:50:01] STRATEGIES, UM, AS NECESSARY. AND THEN GETTING TO COST CONTAINMENT STRATEGIES. UM, SO OBVIOUSLY WE'RE GONNA BE CLOSELY TRACKING COSTS GOING FORWARD. UM, AND I KNOW YOU GUYS KNOW THIS, BUT I'LL JUST REITERATE THIS FOR THE COMMUNITY, UM, MANAGING A PRO BOND PROGRAM LIKE THIS IS A DAY-TO-DAY, HOUR BY HOUR INITIATIVE. UM, THAT'S WHY IT TAKES KIND OF A, A TEAM OF PEOPLE TO DO THIS. YOUR GEC TEAM, YOUR INTERNAL TEAM, YOU HAVE GREAT STAFF HERE, UH, TO HELP DO THAT. UH, BUT IT IS A DAY BY DAY DECISION BY DECISION. THERE'S A THOUSAND DECISIONS THAT GO INTO THIS AND, AND TRACKING THOSE COSTS, MANAGING THOSE COSTS, UM, UM, GOING FORWARD, UM, THEY'RE GONNA BE LOOKING FOR WAYS TO, TO SEEK EFFICIENCIES AND PROGRAM DELIVERY GOING FORWARD. WE'VE ALREADY HAD SOME CONVERSATIONS ABOUT DOING, FOR EXAMPLE, SOME OF THE CONSTRUCTION MANAGEMENT FOR SOME OF THE PROJECTS COMING UP IN THE ROAD BOND PROGRAM WITH INTERNAL FORCES. SO SOME OF OUR INTERNAL PROJECT MANAGERS, UH, HAVE CONSTRUCTION MANAGEMENT BACKGROUND, AND SO WE MIGHT BE ABLE TO USE, UH, SOME OF THEIR HELP IN DOING SOME OF THAT WORK GOING FORWARD, WHICH WILL HELP US IN SOME OF THE, UH, GEC COSTS AND THEN ALSO PURSUING FUNDING THROUGH PARTNERSHIPS. UM, WE ARE VERY HAPPY TO HEAR, UH, THAT CAMPO IS RECOMMENDING FUNDING FOR TXDOT AND THEIR CONTRIBUTION, UH, FOR THE KOHLER'S I 35 UNDERPASS PROJECT, $10 MILLION AS A GEC NOTED. UH, BUT THERE, THERE MIGHT BE FUTURE OPPORTUNITIES. AND SO, AND I DO THINK THE KOHLER'S, UH, OVERPASS PROJECT WOULD BE A KEY PROJECT THAT COULD COMPETE FOR ADDITIONAL FUNDING. UM, AND SO THAT'S AGAIN, JUST SOMETHING TO LOOK FOR ADDITIONAL FUNDING OPPORTUNITIES AS THEY COME UP. NOW, UM, HAVING, UH, PROJECTED COST ESTIMATES OVER BUDGET IS NOT AN UNCOMMON THING WHEN IT COMES TO LARGE PROGRAMS LIKE THIS. AND SO THERE'S SOME THINGS THAT YOU CAN DO ON THE BACKEND, AND SOME OF THAT IS LOOKING AT THE LIMITS OF THE PROJECT AND ALSO PHASING OF THE PROJECT. AND SO WE ARE STARTING TO LOOK AT SOME OF THOSE OPPORTUNITIES, UH, FOR, FOR GETTING PHASES OF WORK DONE, BUT ALSO MAYBE THERE'S SOME FUTURE PHASES THAT WE PUSH OUT. UH, WE ARE, AGAIN, JUST ASSESSING THAT NOW. WE'RE GONNA BE CLOSELY MONITORING THE, THE BIDS AS THEY COME IN AND THEN SEEING IF THERE'S ADDITIONAL RECOMMENDATIONS WE WOULD MAKE, UH, FOR MAYBE MAYBE TAKING A PROJECT THAT WE WERE ANTICIPATING DOING ALL THE CONSTRUCTION FOR NOW, BUT MAYBE THERE'S A PHASING OF THAT PROJECT THAT WE DO. UM, AGAIN, AS A COST CONTAINMENT STRATEGY. MEANWHILE, OBVIOUSLY THE GOAL IS TO MAINTAIN THE INTEGRITY OF THE ROAD BOND AND GET WHAT WAS, WHAT WAS PROMISED TO THE VOTERS DONE AND ON THE GROUND. UH, SO MAINTAINING THAT INTEGRITY, BUT ALSO LOOKING FOR THOSE, FOR THOSE PHASING OPPORTUNITIES AS AS THEY COME UP, UM, AND THEY'RE NEEDED. AND THEN ALSO I MENTIONED ABOUT THE UNDERGROUNDING OF UTILITIES. UM, AGAIN, LOOKING FORWARD, STRONG RECOMMENDATION, SINCE I'M NOT GONNA BE HERE, UM, IF YOU'RE LOOKING AT UNDERGROUND UTILITIES, UM, THEY ARE MUCH MORE DIFFICULT TO DO IN EXISTING ROADWAYS AND EXISTING BUILT ENVIRONMENT. UM, THE BEST TIME TO DO THIS IS WHEN YOU HAVE GREENFIELD DEVELOPMENT AND YOU HAVE NEW DEVELOPMENT COMING IN. I KNOW YOU HAVE AN ORDINANCE THAT OVERSEES THIS. AND SO, AGAIN, THAT, THAT'S WHERE THOSE OPPORTUNITIES REALLY EXIST. IT'S VERY, VERY DIFFICULT TO DO THAT AS A RETROFIT. IT'S VERY COSTLY AND VERY COMPLICATED. SO ANYWAY, UM, JUST, JUST, UH, A NOTE GOING FORWARD, BUT WE ARE REEVALUATING WHERE WE CAN, WE CAN, UH, COME AND KEEP THE, UH, UTILITIES OVERHEAD. AND SO, UM, I THINK STAFF WILL BE COMING TO YOU IN THE NEAR FUTURE WITH THOSE RECOMMENDATIONS AND WHAT THOSE, UM, UM, COSTS, UH, CONTAINMENT STRATEGIES AND WHAT THOSE AMOUNTS ACTUALLY LOOK LIKE. I THINK RIGHT NOW, JUST ROUGH ESTIMATE, I THINK WE'RE LOOKING AT ABOUT 10 TO $12 MILLION, UH, POTENTIALLY WE COULD SAVE, BUT AGAIN, I WANNA LET THEM FINISH THEIR ANALYSIS AND LET THEM BRING THAT FORWARD TO YOU IN THE FUTURE UPDATE. AND WITH THAT, UM, ANY QUESTIONS THAT YOU HAVE, COUNSEL, AND I'LL JUST TAKE A MOMENT OF PRIVILEGE. IT HAS BEEN MY HONOR AND PRIVILEGE TO SERVE YOU AND THE, THE COMMUNITY OF KYLE AND, AND MY LEADERSHIP, MY STAFF, MY TEAM AT TRANSPORTATION PUBLIC WORKS. IT HAS TRULY BEEN AN HONOR AND PRIVILEGE. I'M GONNA MISS YOU GUYS SO MUCH. THANK YOU FOR THE HONOR, THE OPPORTUNITY TO SERVE. WELL, THANK YOU. THE HONOR'S BEEN OURS AS WELL. UM, YOU WILL BE MISSED. THANK YOU. YES, SIR. UM, SO WITH THAT SAID, DOES ANYBODY HAVE ANY DISCUSSION, UM, REGARDING THE BOND? I KNOW THERE'S $44.6 MILLION, HOPEFULLY THAT GOES DOWN A LITTLE BIT THAT WE'RE GONNA BE SHORT. UM, IF NOT, WE'RE GONNA HAVE TO MAKE SOME TYPE OF PLAN FOR THE VOTERS THAT VOTED FOR THIS. UM, I, I WAS LOOKING AT THE $22 MILLION THAT IS FOR THE BURIED LINES. AND, UM, I, I UNDERSTAND THAT THERE IS SOME BENEFIT TO IT, BUT USUALLY IT'S FOR BEAUTIFICATION AND I REMEMBER TALKING ABOUT IT DURING THE 2022 BOND AND IT FOR THE WAY WE PLANNED IT WAS FOR BEAUTIFICATION. UM, BUT MAN, THAT'S AN, THAT'S A PRICE TAG THAT COMES WITH, YOU KNOW, BEAUTIFICATION. AND IF THERE IS AN ISSUE WITH THE LINE, IF IT GETS STRUCK BY, IF SOMETHING HAPPENS, YOU KNOW, THEY'RE GONNA HAVE TO GO IN AND TRENCH AND DIG. AND SO HOPEFULLY, UM, WE CAN FIGURE SOME, THE CITY CAN FIGURE AND STAFF CAN FIGURE SOMETHING OUT ABOUT THAT BECAUSE THAT'S A BIG CHUNK OF CHANGE. SO, UH, WITH THAT SAID, COUNCIL MEMBER, AMI MAY PRETEND TO BE US, MR. TRIBBLE, UM, I JUST WANTED TO THANK YOU FOR YOUR DEDICATION, YOUR SERVICE TO OUR CITY. UM, THERE'S BEEN MANY TIMES THROUGH THIS WHOLE PROCESS IT'S BEEN VERY COMPLICATED AND VERY CHALLENGING, BUT UM, YOUR HARD WORK HAS NOT GONE [02:55:01] UNNOTICED. AND I APPRECIATE EVERYTHING YOU'VE DONE, SIR, IN ANSWERING MY EMAILS WHENEVER THERE'S ISSUES GOING ON IN THE DISTRICT. SO I JUST WANTED TO WISH YOU THE BEST OF LUCK. I HATE TO ALLUDE YOU, BUT YOU, I KNOW THERE'S OPPORTUNITIES THAT, THAT PEOPLE HAVE AND THEY'VE GOTTA TAKE 'EM. SO I WANT TO SAY THANK YOU VERY MUCH. THE ONLY, UH, QUESTION, WELL, THE ONLY COMMENT I'D LIKE TO MAKE IS WHEN YOU LOOK AT BUNTON FROM LAYMAN TO THE NEIGHBORHOOD, UH, THIS IS A BASICALLY A, NOT SO MUCH A WARNING, BUT JUST LETTING PEOPLE KNOW SIDEWALKS ARE COMING, RIGHT? GUESS WHAT? IT'S GONNA AFFECT YOUR BUS SERVICES. SO TO GET READY FOR THAT, 'CAUSE IT'S THAT TWO MILE RADIUS, RIGHT? THAT YOU CAN HAVE. SO FOR THE RESIDENTS THAT LIVE IN THAT AREA, UH, IF YOU HAVE BUS SERVICES THAT ARE GOING TO BE IN THIS AREA, IT'S SOMETHING THAT WE'VE BEEN HEARING IN A BATTLE CRY FOR SO MANY YEARS ABOUT SIDEWALKS ON BUNTON AND KIDS WALKING IN THE MUD AND ALL THAT. BUT IF WE'RE GONNA FULFILL THAT OBLIGATION TO BUILD THESE ROADS, WHICH WE ARE, AND THE SIDEWALKS, THERE'S GOING TO BE SOME, UH, LITTLE BIT OF GROWING PAINS THERE FOR WHEN IT COMES TO, UH, YOUR KIDS AND GETTING TO SCHOOL TO LAYMAN IF YOU'RE TAKING THE BUS. SO, BUT AGAIN, THAT'S WHAT PROGRESS IS ALL ABOUT. BUT AGAIN, MR. TRIMBLE, THANK YOU SO MUCH FOR YOUR SERVICE. I REALLY APPRECIATE IT. THANK YOU FOR THAT MAYOR PRO TEM AT, ACTUALLY THAT REMINDED ME. I DO WANNA REMIND THE COMMUNITY TOO, THAT WE DO HAVE AN OPEN HOUSE TO TALK ABOUT THE ROAD BOND AND THE UPCOMING CONSTRUCTION AND THE DIFFERENT IMPROVEMENTS WE'RE DOING. AND THAT'S GONNA BE ON JULY 29TH, I BELIEVE, AT SIX 6:00 PM YES. 6:00 PM UM, AT, AT LEHMAN HIGH SCHOOL. SO, UH, EVERYBODY COME OUT AND PLEASE ASK ANY QUESTIONS YOU HAVE. WE'RE GONNA HAVE OUR WHOLE TEAM OUT HERE, UM, ANSWER ANY QUESTIONS ANYBODY HAS IN THE COMMUNITY ABOUT THESE PROJECTS. ALRIGHT, COUNCIL, COUNCIL MEMBER GZA, I ALSO WANT TO THANK YOU FOR YOUR SERVICE HERE WITH THE CITY AND LET YOU KNOW THAT YOU WILL BE MISSED. YOU ARE A VERY IMPORTANT PART OF OUR TEAM AND SO YOU LEAVE A, A BIG HOLE TO FILL. UM, BUT I DID HAVE SOME QUESTIONS ABOUT THE ADDED COSTS. UM, THERE'S SOME THINGS ON THERE THAT I'M A LITTLE SURPRISED TO SEE. UM, I ALSO WANTED TO CLARIFY WHEN YOU'RE SAYING THAT IT'S AN ADDITIONAL $3,000,633, 600 OR $3,633,640 FOR THE VIBE TRAIL, WAS THAT UM, OVER AND ABOVE WHAT WE HAD ALREADY INCLUDED IN THE PROJECT FOR THAT OR IS THAT WHAT WE HAVE SPENT TO DATE, UH, IN THE, THE ROAD BOMB PROJECT? YEAH, SO THAT'S THE AMOUNT THAT'S ALLOCATED TO UM, PUTTING THE VIBE TRAIL IN PLACE, BOTH THE DESIGN AND CONSTRUCTION. WE WENT BACK AND JUST DID AN ESTIMATE OF THAT, LOOKING AT THAT ELEMENT THAT WAS ADDED, THAT WAS ADDED TO THE PROGRAM JUST TO GIVE YOU AN IDEA OF LIKE, YOU KNOW, JUST THE COST OF SOME OF THESE ELEMENTS AS THEY WERE, THEY WERE ADDED TO THE PROGRAM. SO WE WENT BACK INTO THAT ANALYSIS AND SO THAT'S OVERALL, I BELIEVE WHAT WE'RE ANTICIPATING THAT COST TO BE, CORRECT? YES, THAT'S CORRECT. SO, OKAY. UM, AND THEN FOR THE ADDITIONAL COSTS THAT WERE ADDED, UM, CAN YOU TELL ME ABOUT THE PARK DEVELOPMENT? YEAH, AND I MIGHT NEED SOME HELP FROM UM, JASON ON THAT ONE, BUT, UM, I BELIEVE THAT WAS A PART OF AN AGREEMENT, UM, UH, WITH NEWQUEST. UM, AND I THINK THAT WAS TO, UH, PAY FOR SOME OF THE ROADWAY AND RIGHT AWAY, UM, THAT WAS ASSOCIATED WITH THAT DEVELOPMENT, BUT ALSO HAD A RELATIONSHIP BACK TO THE ROADWAY ITSELF THAT WE WERE, THAT WE'RE BUILDING. OKAY. YOU WANNA ADD MORE TO THAT? NO, I THINK, DID I GET IT? YEAH. ALRIGHT. OKAY. AND THEN SO IS A LEHMAN AND PUMP STATION NOT FACTORED INTO THAT? IT KIND OF SEEMS LIKE THERE'S A LOT OF THINGS THAT DON'T REALLY GO WITH ROADS THAT ARE IN HERE, OR AT LEAST NOT A LOT, BUT A FEW. YEAH, I WAS, I WAS, OH, I'M SORRY, GO AHEAD. I WAS JUST GONNA SAY THAT THE LAYMAN PUMP STATION WAS KIND OF A PROJECT THAT WE NEEDED TO FULFILL AND IT JUST SO HAPPENED THAT WE WERE ACQUIRING SOME OF THE ROAD PROPERTY, UM, RIGHT NEXT ADJACENT TO OUR GBRA TAKE POINT. AND SO IT KIND OF MADE SENSE AS WE WERE NEGOTIATING FOR THE RIGHT OF WAY THAT WE WERE JUST GONNA TALK TO THE PROPERTY OWNER ABOUT, UM, BUYING THE WHOLE PROPERTY SO WE COULD MAKE THAT EXPANSION A REALITY. AND, UM, THE ROAD BOND, UH, ENDED UP PAYING FOR THE ENTIRE PROPERTY. OKAY. UH, I YIELD THE FLOOR. THANK YOU. ALRIGHT, ANYBODY, COUNCIL MEMBER SAPA, UM, HOW MUCH DO ENGINEERING REPORTS COST OR CAN YOU GIMME THE ROUGH ESTIMATE OF HOW MUCH THOSE HAVE COST FOR THE ROAD BOND PROGRAM? OOH, UH, DO YOU HAVE AN ESTIMATE THAT I I DON'T HAVE A DIRECT ESTIMATE. I MEAN, I'D HAVE TO GO BACK AND, AND KIND OF ADD EVERYTHING UP IF WE LOOKED AT THE ACTUAL REPORTS AND, YOU KNOW, SOME OF THE REPORTS THAT YOU MAY BE REFERRING TO MAY BE, YOU KNOW, PRE 2022 BOND, YOU KNOW, THEY'RE IN PREPARATION FOR THE BOND AS WELL, BUT, OKAY. YEAH, BECAUSE I, I WAS ABLE TO FIND ONE, UM, FROM MAY 17TH, 2022, WHICH [03:00:01] WAS FOR THE AMOUNT IN $65,847 AND 50 CENTS, WHICH WAS APPROVED AND AWARDED TO CP AND Y TO DEVELOP PRELIMINARY ENGINEERING REPORTS. AND THAT WAS FOR THE TRAFFIC SIGNALS OR ROUNDABOUTS AT KOHLERS CROSSING ON CROMWELL, BENNER AND SANDERS. YEAH, SO I KIND OF, AND I HAVE NO IDEA WHAT GOES INTO CONSIDERATION WHEN WE'RE TALKING ABOUT ENGINEERING REPORTS, RIGHT? SO I JUST DIVIDED THAT NUMBER BY THREE AND IT CAME OUT TO LIKE 21,700 PER INTERSECTION, WHICH WOULD MEAN THAT RE-GOING AND HAVING AN ENGINEERING REPORT REDONE FOR ALL 12 INTERSECTIONS WOULD BE 260,000 MINIMUM OR SO DOLLARS. UH, BECAUSE THE MAJORITY OF THIS COUNCIL JUST VOTED TO HAVE UPDATED ENGINEERING REPORTS, WHICH I ASSUME WE WOULD HAVE TO GO OUT FOR ANOTHER TASK ORDER OR WHATNOT TO BE ABLE TO HAVE THAT. ARE THOSE DIFFERENT FROM TRAFFIC REPORTS AS WELL, OR TRAFFIC STUDIES? SO, SO LET ME ANSWER A MACRO QUESTION THAT YOU HAD, WHICH IS THE COST OF LIKE, LET, LET'S JUST TAKE A LUM ENGINEERING STUDY. 'CAUSE YOU WOULD TAKE ANY PHASE OF DESIGN PLUMBING ENGINEERING REPORT. UM, IT CAN VARY. IT JUST DEPENDS ON THE SCOPE OF WHAT YOU'RE DOING A PER REPORT FOR. SO LET'S SAY, 'CAUSE I'VE HANDLED, LIKE WHEN I WAS IN AUSTIN, I HANDLED PER REPORTS FOR ENTIRE CORRIDORS. THOSE COULD BE ONE AND A HALF MILLION, THOSE COULD BE TWO $2 MILLION. UM, IF YOU'RE DOING AN INTERSECTION, YES, IT COULD BE, IT COULD BE CHEAPER THAN THAT. IT COULD BE, YOU KNOW, $50,000 TO A HUNDRED THOUSAND DOLLARS. IT JUST DEPENDS ON WHAT THE SCOPE IS. AND SO, UM, I WOULD SAY JUST KEEP THAT IN MIND AS YOU'RE LOOKING AT THE COST OF STUDIES. IT JUST DEPENDS ON THE SCOPE OF WHAT YOU'RE LOOKING AT. UM, IF IT'S AN INTERSECTION, IF IT'S A SEGMENT OF CORRIDOR, SEGMENT OF ROADWAY, UH, IT JUST DIDN'T DEPEND ON, ON, ON WHAT YOU'RE LOOKING AT AND WHAT THAT'S GONNA COST. TYPICALLY WHEN YOU'RE LOOKING AT A ROADWAY, LIKE THE, THE ONES WE DID IN THE ROAD BOND, UH, YES, IT WILL INCLUDE DOING SOME TRAFFIC ANALYSIS ON INTERSECTIONS AND MOST OF THE PS DO HAVE TRAFFIC ANALYSIS INCLUDED THAT WE HAVE POSTED ALL THE P OUT ON OUR KYLE ROAD BOND WEBSITE TOO. UM, SO THEY ARE AVAILABLE FOR ANYONE TO TAKE A LOOK AT. OKAY. AND I GUESS, SO MY QUESTION LIKE WITH THAT AS WELL, UM, HOW DOES, WHAT THE MAJORITY OF THIS COUNCIL NOT ONLY 'CAUSE IT'S GONNA FINANCIALLY IMPACT THE COST OF THE ROAD BOND SINCE THEY WANT TO UPDATED ENGINEERING REPORTS AND ANALYSIS BY, AT A MINIMUM IT SEEMS $260,000 OR SO. UM, WHAT IMPACT DOES THIS HAVE ON OUR TIMELINES IF THEY'RE WANTING TO SORT OF PAUSE THE WORK THAT'S BEING DONE IN ORDER TO RECEIVE THESE UPDATED, WHAT DID THEY ASK FOR? UPDATED ENGINEERING ANALYSIS, TRAFFIC STUDIES AND EVAL EVALUATION METHODOLOGIES, UH, FOR ALL THE 12 PROPOSED INTERSECTION IMPROVEMENT PROJECTS. UM, HOW, HOW DOES THIS IMPACT THE PROJECTED TIMELINE? NOW, I, I GUESS I'M JUST WONDERING HOW, HOW LONG DO WE ESTIMATE? IT DEPENDS. IT, IT DEPENDS. UM, LIKE FOR EXAMPLE, IF WE HAVE SOME PROJECTS THAT ARE GOING TO BID IN THE FALL, FOR EXAMPLE, UM, IT SHOULDN'T DELAY MUCH, UM, TO GET THAT WORK DONE. UH, FOR PROJECTS THAT ARE UNDER, UNDER CONSTRUCTION, IT'D BE VERY DIFFICULT FOR US TO GO OUT AND LOOK AT A ROUNDABOUT AND DO THAT TRAFFIC ANALYSIS. NOW IF WE'RE ACTUALLY CONSTRUCTING THE ROUNDABOUT, WE'RE ALREADY HALFWAY DONE, FOR EXAMPLE, WITH THE ROUNDABOUT AT COLORS DEC SETON. SO I'M JUST GONNA ASSUME THAT WE'D PROBABLY COME BACK AND TELL YOU THAT PROBABLY ISN'T SOMETHING WE COULD TAKE A LOOK AT. BUT FOR THE OTHER, SOME OF THE OTHER PROJECTS, IT JUST DEPENDS ON WHEN THEY'RE, WHEN WE'RE ANTICIPATED TO GO TO BID. SO WOULD IT HAVE AN IMPACT ON SCHEDULE? POTENTIALLY, BUT IT JUST DEPENDS ON WHAT THE SCHEDULE IS. UM, COULD HAVE AN IMPACT. LIKE FOR EXAMPLE, ON OLD STAGE COACH, WE'RE ANTICIPATING GOING TO BID, I THINK, UH, LATER IN THE SUMMER. THERE'D PROBABLY BE SOME SCHEDULE IMPACT TO THAT. UM, BUT JUST, BUT IT JUST DEPENDS. OKAY. AND I GUESS IT WOULD ALSO DEPEND ON THE BREADTH OF THE ENGINEERING ANALYSIS THAT THEY WANT TO REQUEST, CORRECT? THAT'S RIGHT. OKAY. SO IT, IT, SO THEY JUST VOTED, THE MAJORITY HERE JUST VOTED TO IMPACT OUR FINANCES ON OUR ROAD BOND PROJECT AND OUR TIMELINE ON OUR ROAD BOND PROJECT, WHICH THEN ALSO INCREASES THE FINANCES. AGAIN. IT'S GREAT NEWS. YEAH. YEAH. I'LL JUST, UH, I, I THINK STAFF WILL PROBABLY COME BACK AND JUST DO THE, THE ANALYSIS OF WHAT THAT SCOPE LOOKS LIKE AND GIVE YOU, COME BACK WITH YOU WHAT, WHAT THAT RECOMMENDATION IS, AND THEN WHAT THAT TIMELINE LOOKS LIKE. OKAY. THANK YOU. AND ALSO JUST WANNA SAY THANK YOU SO MUCH FOR ALL THE WORK THAT YOU'VE DONE. I KNOW THAT YOU HAVE DONE AMAZING THINGS IN REVAMPING OUR ENTIRE PUBLIC WORKS AND TRANSPORTATION PROGRAM, AND I APPRECIATE IT. AND THEN ALSO YOU'RE GOING TO HAVE A LASTING IMPACT ON OUR BOND PROGRAMS, FOR EXAMPLE, BECAUSE THAT ENTIRE MAP THAT YOU BUILT OUT AND HOW IT WOULD GO AND HOW WE WOULD BUILD OUT OUR COMMITTEES FOR PUBLIC INPUT AND WHATNOT, THAT'S GONNA HAVE A LONG LASTING IMPACT AND A VERY, VERY POSITIVE IMPACT ON THIS CITY, JUST AS YOU ALREADY HAVE. SO THANK YOU SO MUCH FOR EVERYTHING. IT WILL BE MISSED . DEFINITELY. THANK YOU, RICK. ALRIGHT. COUNCIL MEMBER HARRIS, THANK YOU, MIKE, FOR YOUR INPUT THE, THESE YEARS. UM, YOU'VE DONE A GREAT JOB IN MOVING ALL OF THESE TRANSPORTATION PROJECTS FORWARD. THEY'RE VERY COMPLEX AND VERY TIME CONSUMING. I KNOW. THANK YOU FOR THAT. AND THANK YOU FOR PULLING TOGETHER THE OUTSTANDING STAFF THAT YOU HAVE. UM, THEY ARE JUST SO COMPETENT AND SO GREAT WITH OUR RESIDENTS. [03:05:01] UM, I'M HOPING THAT THEY'RE STICKING AROUND AND WILL CONTINUE TO, UH, CONTRIBUTE AS YOU HAVE. SO THANK YOU. THANK YOU COUNCIL MEMBER. AND I WILL SAY THEY MAKE ME LOOK GOOD, SO I WILL GIVE THE, THE CONGRATS RIGHT BACK TO THEM. ALL RIGHT. COUNCIL MEMBER MCKINNEY, LIKE YOU AND I STARTED RIGHT ABOUT THE SAME TIME. YEAH. SO, UH, AND I, I REMEMBER WE WERE BEHIND SCHEDULE AND OVER BUDGET ON EVERY, OR PROJECTED OVER BUDGET ON EVERY SINGLE ONE OF THESE. AND YOU BROUGHT MARKETPLACE ON TIME A LITTLE BIT AHEAD OF SCHEDULE, UNDER BUDGET. UH, YOU, YOU'VE DONE A TREMENDOUS JOB OF DOING THE BEST YOU COULD TO GET US BACK TO THAT 2 94. UH, I'VE, I'VE SEEN THE WORK, I'VE SEEN THE IDEAS, I'VE SEEN THE BRAINSTORMING. UH, YOU'VE PUT TOGETHER A VERY INNOVATIVE TEAM THAT HAVE, YOU KNOW, DONE SOME, SOME, YOU KNOW, A LITTLE BIT DIFFERENT THINGS AROUND THE CITY. AND SOMETIMES I'VE LOOKED AT 'EM AND GONE, HMM, LET'S SEE HOW THAT WORKS OUT. UM, AND, AND MY SKEPTICISM HAS BEEN PROVEN WRONG WAY MORE OFTEN THAN NOT. SO, UH, I DEFINITELY APPRECIATE EVERYTHING THAT YOU'VE DONE IN YOUR TIME HERE. YOU ARE DEFINITELY GONNA BE MISSED TREMENDOUSLY. UH, YOU KNOW, WITH ME SERVING ON CAMPO LIKE YOU, YOU AND I HAVE PROBABLY WORKED ON MORE PROJECTS AS THAN YOU, YOUR, YOUR TYPICAL COUNCIL MEMBER. BUT, UM, YOUR TEAM'S PHENOMENAL. YOU'RE PHENOMENAL. UM, THERE'S, UH, SOME, DEFINITELY HUGE SHOES TO FILL AS YOU, AS YOU GO ON. AND, AND WE ALL WISH YOU THE ABSOLUTE BEST IN YOUR NEXT STEP IN YOUR CAREER. THANK YOU. THANK YOU VERY MUCH. ALL RIGHT. THANK YOU. ANYBODY ELSE? ALL RIGHT. I THINK YOU'RE GOOD. THANK YOU FOR THAT REPORT. WE APPRECIATE IT. THANK YOU. ALL RIGHT. I'M [12) Consider approval of a Resolution recognizing the historical significance of the 1871 Bearing Tree located along North Old Stagecoach Road and declaring said tree a historic landmark worthy of preservation and calling for its protection. ] NEXT. WE HAVE AGENDA ITEM 12, CONSIDER APPROVAL OF A RESOLUTION, RECOGNIZING THE HISTORICAL SIGNIFICANCE OF THE 1871 BEARING TREE, LOCATED ALONG NORTH OLD STAGE COACH ROAD AND DECLARING SAID TREE, A HISTORIC LANDMARK WORTHY OF PRESERVATION AND CALLING FOR ITS PROTECTION. IDEN PRESENTER, JASON LUTZ, ALL, UH, GOOD EVENING, UH, MAYOR COUNSEL. UM, UH, WANT TO THANK YOU FOR GETTING MY NAME CORRECTLY. IT'S VERY RARE THAT THAT HAPPENS, SO I DO APPRECIATE IT HAVING SAID THAT YET. UM, SO TODAY WE'RE TALKING ABOUT THE 1871 BEARING TREE. UM, SO IF YOU MAY OR MAY NOT KNOW, ON MAY 12TH, 2026, HAYES COMMISSIONER'S COURT APPROVED A RESOLUTION, UM, RECOGNIZING ITS HISTORICAL, CULTURAL, AND SURVEYING SIGNIFICANCE OF THAT 1871 BEARING TREE. UM, SO NOT JUST THE AGE, BUT THIS IS A MONUMENT. UM, WE, UH, UTILIZE IT IN SURVEY RECORDS GOING BACK, UH, TO THE HISTORY OF KYLE. SO IT'S VERY IMPORTANT FROM MAPPING GEOGRAPHICAL STANDPOINT. UM, THE COMMISSIONER'S COURT DESIGNATED A HISTORIC LANDMARK CALLED FOR HIS PRESERVATION. SO WE'RE LOOKING TO DO THE SAME WITH THIS RESOLUTION HERE TODAY. UM, THIS TREE IS APPROXIMATELY 25 AND A HALF INCHES IN DIAMETER. IT WAS SURVEYED RECENTLY BASED ON ITS HISTORICAL GROWTH. SO APPEARS THE TREE IS ALMOST AS OLD AS THE UNITED STATES, SO APPROACHING TWO 50. SO, UH, HAPPY BIRTHDAY TO THE TREE, UM, SOMEWHERE. UM, BUT SIMILAR TO HAYES COUNTY, UH, CITY'S COLLEGE AGAINST SUBMITTING TO SAFEGUARDING THAT HERITAGE IDENTITY AND THE EDUCATIONAL LEGACY OF THAT TREE, ENSURING THAT THIS, UH, HISTORY REMAINS FOR ALL FUTURE GENERATIONS. SO, UM, AS A FORMER PARKS DIRECTOR SAID THE KIDS, ALL THE KIDS WILL, WILL ENJOY IT. SO, UM, HERE'S THE LOCATION, THE LITTLE RED DOT THERE ON THE CORNER, JUST NORTH OR ROAD STAGE COACH. COUPLE OF PHOTOS AND SOME PRETTY EASY OPTIONS TONIGHT. UH, APPROVE IS PRESENTED, APPROVE WITH MODIFICATIONS OR DENY THE PROPOSED RESOLUTION. SO, ANY QUESTIONS? UM, I DON'T HAVE, I, I WAS EXCITED TO SEE THIS AT THE COMMISSIONER'S COURT. UH, I MET WITH COMMISSIONER HAMMER AND THEN, UM, WITH A RESIDENT, AND WE JUST SAT DOWN AND TALKED ABOUT THE TREE. I HAD NO IDEA THEY WERE GONNA LIKE, MOVE FORWARD ON THIS, BUT I WAS SUPER EXCITED. UM, AND I ALSO RECOMMENDED THAT THEY MOVE FORWARD TO REALLY HAVE IT ESTABLISHED AS HISTORICAL BEYOND JUST THE COUNTY AND THE CITY. BUT I'M PRETTY EXCITED ABOUT IT. WE HAVE THE FRANKIE'S IN THE BACK WHO HAVE BEEN, UM, VERY APPRECIATIVE OF THE COUNTY AND THEIR EFFORTS AS, AS WELL AS THE CITY AND THEIR EFFORTS. UM, AND WITH THAT, SO WOULD ANYBODY, UH, HAVE ANYTHING TO SAY, MAKE A MOTION TO APPROVE AGENDA ITEM? SECOND. SECOND. OKAY. WE HAVE A MOTION ON THE FLOOR A SECOND. COUNCIL MEMBER, ZA, I JUST WANTED TO SAY, UM, I DID HAVE A, UM, PERSON CALL ME TODAY AND ASK US TO APPROVE THIS. THEY ARE VERY CONCERNED WITH HISTORY HERE, SO SHE WAS VERY EXCITED TO SEE THIS ON THE AGENDA AS WELL. UM, I'VE BEEN OUT TO SEE THE FRANKIE'S. I THINK THAT THESE THINGS ARE WORTH SAVING AND, AND NOTATING IN OUR HISTORY. SO, UM, I JUST WANNA SAY THANK YOU FOR GETTING THIS ON HERE. ALL RIGHT. ANYBODY ELSE? ALL RIGHT, I HAVE A MOTION AND A SECOND. ALL IN FAVOR, SAY AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. ALL RIGHT. THANK YOU TO THE FRANKIE. THANK YOU GUYS. AND THANK YOU FOR STAYING SO LATE. I KNOW IT'S KIND OF LATE, SO I KNOW YOU WANTED TO BE HERE. [03:10:02] YOU GUYS LIKE TO SAY ANYTHING? NO, . YOU'RE WELCOME. YOU'RE WELCOME. YOU GUYS HAVE A SAFE DRIVE HOME. OKAY, I'M NEXT. NEXT WE HAVE AGENDA [13) (Tabled 6/2/2026) Consider approval of a Resolution regarding requests for exceptions from Chapter 41 (Subdivisions) of the City of Kyle Code of Ordinances related to detention, drainage, flood mitigation, and sidewalks for the property located at 200 Veterans Drive, Kyle, Texas. (VR-26-0015) Planning and Zoning considered these seven variance requests on 4/14/2026 with the following recommendations to Council: Denial 5-0: Sec. 41-134 (General Requirements) to allow alternative culvert specifications; Denial 5-0: Sec. 41-140 (Watershed and Flood Prevention) to waive requirements for a detention pond;  Denial 5-0: Sec. 41-140 (Watershed and Flood Prevention) to waive requirements for a trickle channel;  Approval 5-0: Sec. 41-143(a)(1) (Sidewalks) to eliminate installation of new sidewalks along Veterans Drive; Approval 5-0: Sec. 41-143(a)(1) (Sidewalks) to eliminate sidewalks along Barbee Street (from Woods Street to Veterans Drive); Denial 5-0: Sec. 41-143(a)(1) (Sidewalks) to waive sidewalk crossings over drainage ditches; and Denial 5-0: Sec. 41-143(a)(1) (Sidewalks) to reduce the minimum sidewalk width from five (5) feet to four (4) feet. ] ITEM 13, CONSIDER APPROVAL OF A RESOLUTION REGARDING REQUEST FOR EXCEPTIONS FROM CHAPTER 41 OF THE CITY OF KYLE, CODE OF ORDINANCE RELATED TO DETENTION, DRAINAGE, FLOOD MITIGATION, AND SIDEWALKS FOR THE PROPERTY. LOCATED AT 200 VETERANS DRIVE, KYLE, TEXAS. UH, ITEM PRESENTED. JASON, LET'S, UH, YES, MA'AM. SO QUICK, UH, UH, MAP LOCATION HERE JUST SO YOU CAN GET YOUR BEARINGS. THIS IS THE CORNER OF BLANCO BURLISS, UH, BARBIE AND VETERANS DRIVE. UM, TONIGHT THE APPLICANT'S, UH, REQUESTING SEVERAL EXCEPTIONS. I'M GONNA TRY AND OUTLINE THESE INTO KIND OF THREE GROUPS, UM, UNDER THEIR SPECIFIC SECTIONS AND KIND OF WALK YOU THROUGH EACH SPECIFIC EXCEPTION UNDER SAID GROUPING. SO, UM, IF I CONFUSE YOU, I APOLOGIZE. PLEASE STOP ME ANYTIME, AND I'LL BE GLAD TO, TO DISCUSS EACH, UH, ITEM. UH, BUT AGAIN, THE, UH, APPLICANT'S CURRENTLY APPRO, UH, CONSTRUCTING A 1,587 SQUARE FOOT BUILDING. UH, THAT BE MY SLIDES CLICKER. THERE WE GO. UH, WAY TOO MUCH. ALL RIGHT. UH, START AGAIN. UH, SO HE'S BUILDING A 1,587 SQUARE FOOT PROFESSIONAL OFFICE. AGAIN, IT'S 200, UH, VETERANS DRIVE PNZ DID CONSIDER, UH, THIS PROJECT AS PART OF A CONDITIONAL USE PERMIT. ANYTHING IN A VETERAN'S DRIVE OVERLAY GETS REVIEWED FOR SITE PLAN BUILDING ELEVATION. SO THIS WENT THROUGH THAT PROCESS, UH, BACK IN MAY OF 28, MAY 28TH, 2024. AGAIN, HE'S ASKING SEVERAL EXCEPTIONS TO CITY SUBDIVISION ORDINANCE. UM, AND I'M GONNA OUTLINE THOSE, UH, AS BEST AS I CAN. UM, SO HERE'S KIND OF A OVERVIEW OF THESE ACCEPTED REQUESTS. UH, WE HAVE THREE SECTIONS, WATERSHEDS AND FLOODPLAINS, GENERAL REQUIREMENTS, AND THEN, UH, SIDEWALKS. SO UNDER THE WATERSHED AND FLOODPLAIN PREVENTION, THERE'S TWO, UH, EXCEPTIONS. WAVE REQUIREMENTS FOR DETENTION. POND REQUA WAVE REQUIREMENTS FOR A TRICKLE CHANNEL UNDER THE GENERAL REQUIREMENTS IS TO ALLOW ALTERNATIVE CULVERT SPECIFICATIONS, UM, WITHOUT SUPPORTING DOCUMENTATION. AND THEN THE THIRD ONE, SIDEWALKS IS TO ELIMINATE NEW SIDEWALKS ALONG VETERANS. UM, THERE IS EXISTING, UH, SIDEWALK CURRENTLY ELIMINATE SIDEWALKS ALONG BARBIE STREET JUST FOR A PORTION FROM WOODS, UH, TO VETERANS DRIVE, AND THEN WAVE SIDEWALK CROSSINGS OVER THE DRAINAGE DITCHES, AND THEN REDUCE THE MINIMUM SIDEWALK WIDTH FROM FIVE FEET TO FOUR FEET. SO I'M GONNA TACKLE THESE IN KIND OF ONE A, ONE B, SO HOPEFULLY KEEPS IT, UH, CLEAR FOR YOU GUYS. UM, SO CITY CODE STATE LAW REQUIRES THAT WHEN PROPERTIES ARE DEVELOPED, THEY HAVE TO MITIGATE THEIR ADDITIONAL IMPERVIOUS COVER, UH, AND ASSOCIATED RUNOFF. UM, SO PENSION PONDS ARE NOT ALWAYS REQUIRED. UM, FLOOD PLAN MITIGATION, LOW IMPACT DEVELOPMENT STANDARDS CAN BE USED. UH, BIO SWELLS, RAIN GARDENS, UH, OTHER APPROVED PRACTICES. UM, STAFF PRESENTED SOME AVAILABLE OPTIONS, UH, TO THE APPLICANT REGARDING THOSE COMPLIANCE AVAILABILITIES. AND THE APPLICANT INDICATED THEY DID NOT WISH TO UTILIZE THOSE ALTERNATIVE LID MEASURES, UM, AND THEN IS REQUESTING THE EXCEPTION TO, UH, THE DETENTION POND. UM, HOWEVER, NO ALTERNATIVE OPTIONS HAVE BEEN SUBMITTED, AND STAFF CANNOT SUPPORT THIS EXCEPTION, UM, AS REQUESTED, UH, EXCEPT IN ONE B WAS WAIVER REQUIREMENT FOR A TRICKLE CHANNEL. UM, TRICKLE CHANNELS ARE REQUIRED WHERE AREAS ARE, UH, VERY SHALLOW, BUT THEY TAKE STORM WATER FROM ONE LOCATION TO ANOTHER, UM, TO APPROPRIATE DISCHARGE POINTS. UM, SO IN THIS CASE, THE APPLICANT IS REQUESTING TO WAVE, UH, TWO SEPARATE TRICKLE CHANNELS, AND I'LL SHOW 'EM ON THE MAP, UH, HERE IN A LITTLE BIT SO YOU KNOW EXACTLY WHERE THOSE ARE. UM, UH, HOWEVER, THE WAVING OF THE TRICKLE CHANNEL, UH, FROM THE DETENTION POND TO THE PROPOSED DRIVEWAY IS ONE OF 'EM. UM, THERE ARE NO KIND OF ALTERNATIVE COMPLIANCE OPTIONS AVAILABLE FOR THIS. UM, SO WE CANNOT RE SUPPORT THE, THE REQUESTED WAIVER. UM, BUT IT SHOULD BE NOTED, UH, THAT CITY STAFF AGREED, UM, VIA DIRECTION FROM PRIOR PLANNING STAFF AND ADMINISTRATION TO INSTALL A TRICKLE PORTION OF THE TRICKLE CHANNEL BECAUSE THE WORK WE WERE DOING ON VETERANS HAD AT THE TIME WAS AFFECTING SOME OF THE DRAINAGE ON HIS PROPERTY. SO WE FELT THAT WE WOULD KIND OF DO THAT PORTION OF IT. UM, HOWEVER, THERE IS A PROJECTED UNFUNDED PROJECT COSTS WITH THAT. SO, UM, THE ESTIMATES ARE 10 TO 20,000. THAT WOULD BE DEPENDING ON ATION AND BIDS. UM, SO THIS MAP WILL KIND OF SHOW, UH, THE RED HIGHLIGHTED BOX IN PLAN NORTH. UM, EAST IS WHERE THE DETENTION POND IS, THAT'S IN RED. UM, THE GREEN PROPOSED TRICKLE CHANNEL IS, IS RIGHT BELOW THAT. THAT IS WHEN THE APPLICANT IS WILLING TO, UH, CONSTRUCT OR IS, BUT IS ASKING FOR THE WAIVER. AND THEN THE TRICKLE CHANNEL IN THE LIGHT BLUE TO PLAN SOUTH IS WHAT THE CITY, UM, HAD AGREED TO, TO DO, UH, TO ASSIST, UH, MR. HALL [03:15:01] IN HIS DEVELOPMENT. SO, UM, AT THE TIME WE WERE GOING THROUGH THIS PROJECT, UH, MR. HALL WAS UNDER CONSTRUCTION. WE WERE WORKING ON VETERANS DRIVE. WE FOUND OUT THAT WE WERE CHANGING THE DRAINAGE PATTERN, BUT WE DIDN'T KNOW WHERE THAT WAS CHANGING. UM, ULTIMATELY WE WEREN'T PUTTING MORE WATER ON HIS PROPERTY. WE DID KIND OF LOOK AT THAT, UH, FURTHER, UH, SINCE THEN. UM, AND WE'RE CHANGING KIND OF HOW IT CROSSES HIS PROPERTY. SO INSTEAD OF 30% SURFACE AND 10% DITCH, IT KIND OF CHANGED A LITTLE BIT, BUT NO INCREASE. UM, MOVING INTO THE RECOMMENDATIONS, UM, SO AGAIN, STAFF DOES RECOMMEND DENIAL OF ONE A AND ONE B IS, THESE ARE SPECIFICATIONS WITHIN THE CODE TO MITIGATE FLOOD DAMAGE. UM, NO HARDSHIP EXISTS THAT WOULD PREVENT THE APPLICANT FROM ADHERING TO THOSE CODE REQUIREMENTS. UM, P AND Z DID RECOMMEND DENIAL OF THESE REQUESTS BY A VOTE OF FIVE TO ZERO. UM, SO, UH, STAFF IS ASKING TO INCLUDE IN THE MOTION IF THE CITY SHOULD INSTALL PORTIONS OF THE TRICKLE CHANNEL AS INDICATED BY PRIOR STAFF. AGAIN, THIS IS CURRENTLY AN UN-FUNDED PROJECT, BUT JUST WANTED TO MAKE Y'ALL AWARE OF PRIOR COMMITMENTS. UM, EXCEPTION TWO. UM, THIS IS APPROVAL OF ALTERNATIVE CULVERT SPECIFICATIONS. UM, SO THAT CAN BE THE SIZE OR THE MATERIAL OF THE PIPE UNDERNEATH, UM, THAT DRIVEWAY. UM, SO THE CITY CODE DOES ALLOW FOR ALTERNATIVE DESIGNS, UM, BUT THEY HAVE TO, UH, BE PROVIDED VIA PROPER ENGINEERING DOCUMENTS THAT WE REVIEW AND WE SIGN OFF ON. UM, WE DID INFORM THE APPLICANT THAT WE'D BE WILLING TO, TO LOOK AT THOSE, UM, AND THAT THE MODIFICATION COULD BE DONE AS LONG AS HE SUBMITTED THAT. UM, BUT THE APPLICANT INDICATED THEY REALLY DIDN'T WANT TO RESUBMIT OR REDO SOME OF THEIR ENGINEERING DOCUMENTS. SO, UM, AGAIN, UPDATED PLANS ARE REQUIRED, UM, UH, AS APPROVAL BY CITY STAFF, BUT WITHOUT PROPER DOCUMENTATION. UM, IT COULD PUT SOME OF OUR, UH, ENGINEERS PROFESSIONAL LICENSE AT RISK IF THEY WERE TO SIGN OFF ON APPROVALS WITHOUT SEEING ANY KIND OF ENGINEERING DOCUMENTS. SO THIS IS THE LOCATION OF REQUEST NUMBER TWO. THIS IS THE PROPOSED CULVERTS THAT ARE GONNA GO UNDER THE DRIVEWAY AND CONNECT THE TWO TRICKLE CHANNELS ULTIMATELY, UH, NEXT TO THE DETENTION POND. UH, WHEN WE LOOK AT THE RECOMMENDATIONS, UH, AGAIN, STAFF CAN SUPPORT ADMINISTRATIVE APPROVAL OF THOSE, UH, CULVERT SPECS. HOWEVER, WE DO RECOMMEND DENIAL OF THIS WAIVER REQUEST BECAUSE WE CANNOT DO IT WITHOUT THE PROPER ENGINEERING DOCUMENTATION ASSOCIATED WITH IT. UH, PNZ ALSO RECOMMENDED DENIAL OF THIS REQUEST BY A VOTE OF FIVE TO ZERO. NEXT, I'M MOVING INTO THE, UH, SIDEWALKS. UM, SO ALL, ALL OF THESE NEXT FOUR WILL HAVE, UH, UH, TO DO WITH OUR CODE REQUIREMENTS ON SIDEWALKS. SO, UM, CITY CODE REQUIRES FIVE FOOT SIDEWALKS ALONG ALL PROPERTY BOUNDARIES ADJACENT TO PUBLIC RIGHTS OF WAY. UM, STAFF PREVIOUSLY AGREED TO ALLOW THE APPLICANT TO RETAIN THE EXISTING SIDEWALKS INSTEAD OF HAVING THEM RIP THOSE UP AND REINSTALL THEM. UM, THAT WAS DONE AS PART OF THE CUP PROCESS, UM, UH, DURING THE, DURING THE PNZ APPROVAL. BUT WE JUST WANTED TO INCLUDE THAT IN HERE. UM, JUST TO KIND OF MAKE SURE WE'RE CROSSING, UH, T'S AND DOT I'S, UM, STAFF AND C AGAIN, PREVIOUSLY APPROVED THAT. UM, AND WE ALLOWED TO APPROVE THE PLANS REFLECTING THE EXISTING FOUR FOOT SIDEWALK ALONG VETERANS DRIVE EXCEPTION REQUEST THREE B. UM, THIS WAS TO ELIMINATE SOME SIDEWALKS ALONG THE PORTIONS OF BARBIE STREET. UM, SO AGAIN, I MENTIONED THAT IT'S ALLOWED ON ALL RIGHT OF WAY. UM, BUT THEY'RE NOT WANTING TO INSTALL THE SIDEWALKS, UH, FROM WOOD STREET TO VETERANS DRIVE. UM, STAFF IS SUPPORTIVE OF THIS BECAUSE AS PART OF OUR VETERANS IMPROVEMENTS, UM, THAT, UH, LITTLE CONNECTION BETWEEN, UH, THE MEXICAN RESTAURANT AND VETERANS IS GONNA BE A, A COMPLETE DRIVEWAY. SO WHERE THAT ROAD GOES BACK THROUGH, UM, IS NOT GONNA BE CONNECTED. SO THAT'S GONNA BE CLOSED OFF. SO THE PEDESTRIAN ACCESSIBILITY TO THAT ROUTE IS NOT REQUIRED. AND THEN IT'S PROVIDED UP FURTHER UP ALONG, UM, UH, LIKE BLANCO STREET, AND THEN YOU CAN COME DOWN VETERANS. SO AGAIN, CITY WAS, UH, UH, SUPPORTED ABOUT THAT ONE. UM, HE ALSO WANTED TO WAVE SIDEWALK CROSSINGS OVER SOME OF THE DRAINAGE DITCHES. SO HE HAS OPEN DITCH DRAINAGE ON MULTIPLE SIDES. UM, BUT STAFF CANNOT SUPPORT THIS REQUEST. PEDESTRIAN CONNECTIVITY IS A SAFETY PRIORITY. UM, HE'S INSTALLING SIDEWALKS, SO WE WANNA MAKE SURE THAT WE HAVE THOSE CONNECTIONS AND WE'RE NOT JUST BUILDING THOSE DEAD END SIDEWALKS ON THAT PROPERTY. I DO WANNA NOTE, UH, I THINK IT WAS MENTIONED EARLIER TONIGHT ABOUT KYLE BUS SERVICE. UH, UM, THE KYLE ELEMENTARY SCHOOL HAS DISCONTINUED SERVICE TO HOMETOWN, KYLE KIND OF SURROUNDING AREAS. SO WE'VE SEEN A LOT OF INCREASE IN PEDESTRIAN STUDENT TRAFFIC. UM, YOU'RE NOT SEEING 'EM NOW, ALL THE CONSTRUCTION, UM, BUT YOU DID SEE WE HAD TO CONVERT THAT TO ONE WAY TO ACCOMMODATE SOME OF THOSE PEDESTRIANS AND SOME OF THE CHANGES THAT WE'RE GONNA DO TO HELP GET THOSE KIDS TO AND FROM SCHOOL. SO THAT'S ANOTHER REASON, UH, STAFF WOULD NOT SUPPORT THE WAIVER OVER THE DRAINAGE DITCHES. UM, EXCEPT EXCEPTION REQUEST 3D WAS TO REDUCE THE MINIMUM SIDEWALK WIDTH FROM FIVE FEET TO FOUR FEET. UM, SO CITY CODE REQUIRES FIVE FOOT MINIMUM. UM, NOT SURE WHEN THAT CODE WAS ADOPTED, BUT THAT'S BEEN THE STANDARD FOR SEVERAL YEARS. [03:20:01] UM, REDUCING THE SIDEWALK. MAY NECESS, NECESS NECESSITATE, SORRY, THAT'S A TOUGH ONE. UM, THE INSTALLATION OF PASSING A LOT AREAS. UM, SO IF SIDEWALKS ARE UNDER CERTAIN WIDTH, EVERY 250 FEET, THEY HAVE TO KIND OF BULB OUT. SO IN CASE TWO PEOPLE, UH, WHO NEED TO ASSISTANCE HAVE TO PASS EACH OTHER. UM, SO WE HAVEN'T DONE THAT REVIEW TO VERIFY THAT. UH, AND THEN AGAIN, KYLE ELEMENTARY SCHOOLS DISCONTINUATION, UM, HAS CON CON INCREASED PEDESTRIAN USAGE IN THE AREA. SO THIS MAP WILL KIND OF SHINE, KIND OF HIGHLIGHT WHAT THOSE REQUESTS ARE. SO AGAIN, UH, THREE A IS THE GREEN. UM, HE WANTS TO ALLOW THE EXISTING SIDEWALK TO REMAIN STAFF RECOMMENDED APPROVAL OF THAT. SO DID PNZ. UM, AGAIN, WE ALSO, UH, HAD THIS APPROVED AS PART OF THE CUP AND AS PART OF HIS APPROVED PLANS. BUT SINCE WE'RE GOING THROUGH THIS EXCEPTION REQUEST, I WANTED TO BRING IT OUT AND, AND PUT THAT IN THERE JUST SO EVERYTHING WAS, WAS BUTTONED UP. UH, THREE B, UH, AND, SORRY, I SAW A YELLOW ORANGE. UM, THOSE SIDEWALKS, THAT IS THE PORTION FROM WOOD STREET, UM, DOWN TO VETERANS, THAT THAT SECTION OF THAT ROAD IS BEING CLOSED. UM, SO THIS WOULD PROVIDE PEDESTRIAN TRAFFIC TO KIND OF GO DOWN AND THEY COULD HIT WOOD STREET, UH, SHOULD A FUTURE CONNECTION BE MADE. WOOD STREET IS, IF YOU'RE PLAYING SOUTH EAST, UM, IT'S A LIGHT GRAY. UH, YOU CAN KIND OF SEE THE STREET OUTLINE THERE. UM, THREE C THE BLUE AREAS ARE THE SIDEWALK KIND OF CONNECTIONS WHERE THEY WOULD CROSS OVER THE PEDESTRIAN, OR I'M SORRY, THE DRAINAGE DITCHES. UM, HE WAS ASKING TO WAVE BOTH OF THOSE. UM, BUT AGAIN, STAFF WAS NOT SUPPORTIVE AS THAT, BECAUSE THAT IS A WAY TO, TO MOVE THOSE PEOPLE TO AND FROM THE PROPERTY. UM, AND THEN RED IS THE SIDEWALKS OF FOUR VERSUS FIVE. THAT WAS WHAT'S LEFT. BUT AGAIN, ANYTHING NEW HE'S REQUESTING ON THE FOUR TO THE FIVE. UM, SO AGAIN, GOING THROUGH REAL QUICK, UM, WHAT THE RECOMMENDATIONS WERE. UH, THREE A FOR THE EXCEPTION TO, UH, THEY ELIMINATE OR REQUIRE NEW SIDEWALKS ON VETERANS, UM, STAFF SUPPORTS THAT RECOMMENDS APPROVAL. AND PNZ RECOMMENDED APPROVAL BY FIVE TO ZERO. REQUEST B WAS THE ELIMINATE SIDEWALKS, UH, ON BARBIE FROM WOODS TO VETERANS. UH, AGAIN, STAFF IS SUPPORTIVE OF THAT. WE RECOMMEND APPROVAL AND PNZ RECOMMENDED APPROVAL OF FIVE TO ZERO. UH, WHEN WE LOOKED AT EXCEPTION REQUEST THREE C, THIS WAS WHERE THE SIDEWALK CROSSINGS OVER THE DRAINAGE DITCHES, THAT WAS NOT SOMETHING STAFF COULD SUPPORT. AND PNZ ULTIMATELY RECOMMENDED DENIAL BY A VOTE OF FIVE TO ZERO, AND THEN REDUCING SIDEWALK MINIMUMS FROM FIVE FEET TO FOUR FEET. UH, STAFF HAS, UH, RECOMMENDED DENIAL ON PNZ, UH, AGREED WITH STAFF. SO THEY ALSO RECOMMENDED, UH, FIVE OH ON THE DENIAL. SO A LOT OF INFORMATION THERE. I'M GONNA LEAVE THIS ONE UP. UM, BUT YOUR OPTIONS ARE AVAILABLE TONIGHT, IS YOU CAN APPROVE ALL OF THOSE REQUESTED EXCEPTIONS AS PRESENTED. UM, YOU CAN APPROVE ALL OR SOME OF THEM WITH MODIFICATIONS, OR YOU CAN DENY THE REQUESTED EXCEPTIONS. SO, UM, THIS IS WHAT PNZ AND STAFF AND AND STAFF RECOMMEND. UM, SO APPROVALS ON THE LEFT, DENIALS ON THE RIGHT. UM, THE APPLICANT'S HERE, I BELIEVE HE HAS, UH, SOME EXHIBITS HE'D LIKE TO SHARE WITH YOU. AND I CAN ANSWER ANY QUESTIONS. SO I'LL GO AHEAD AND TURN IT OVER TO MR. HALL. I'M PUT THIS BESIDE YOU. OKAY, SURE. GOOD EVENING. MY NAME IS JOHN HALL. I'VE BEEN TRYING SINCE 2018 TO BUILD A SMALL COTTAGE SIZE, UH, OFFICE, UH, AT 200 VETERANS DRIVE. AND I'VE RUN INTO QUITE A BIT OF CHALLENGE IN THAT AREA. UNBELIEVABLE CHALLENGE. UNBELIEVABLE. UH, WE'RE TELEVISED. IS THAT CORRECT? UH, I'M GONNA SAY THIS DIRECTLY TO MY WIFE AT HOME. JEANETTE, YOU ARE RIGHT. I SHOULD NOT HAVE ATTEMPTED THIS. I LOVE YOU. AND YOU'RE RIGHT, HONEY, MORE, OR THAT STORY IS ALWAYS LISTEN TO YOUR WIFE BECAUSE I'M OVER MY HEAD WITH THE SITUATION. UH, THIS IS THE, THE AREA IN IN QUESTION. YOU CAN SEE THERE'S HARDLY A, UH, HARDLY A DITCH AT ALL. BOUGHT THIS LOT. IT LOOKED FINE. I, YOU KNOW, I, I'VE DEVELOPED THINGS, I'VE BUILT HOUSES. I'VE BUILT, I'VE BUILT AN OFFICE BUILDING HERE IN KYLE ABOUT, I GUESS ABOUT 12 YEARS AGO. AND IT WASN'T THAT HARD TO DO ON, ON HALL PROFESSIONAL CENTER. DO Y'ALL KNOW WHERE THAT IS? YEAH. UH, YOU PROBABLY KNOW SPICY BITES. I LOVE SPICY BITES. YOU PROBABLY KNOW THE VETERINARIAN CLINIC STREET I BUILT THERE. UH, DOWN A LITTLE BIT FURTHER IS, UH, MARK DRIVE NAMED THAT AFTER MY IN-LAWS AT THE END OF THAT PRINCESS JENNIFER, MY DAUGHTER, AT THE END OF THAT TED COURT AND ELK COURT, MY IN-LAWS A LITTLE BIT FURTHER DOWN. HAVE YOU EVER NOTICED JOHNNY HALL DRIVE? THAT'S RIGHT THERE ON 27 7. I GUESS WE NEED A BIGGER SIGN. BUT ANYWAY, THAT'S WHERE MY SON, AT THE END OF THAT, UH, JEANETTE DRIVE, MY WIFE AND MY SON LIVES IN THE HOUSE. WE BUILT ON ANA [03:25:01] COURT, MY MOM. SO I'M PRETTY FAMILIAR WITH BILLING STUFF. I'M NOT A BUILDER BY TRADE OR AN ENGINEER, BUT I'M PRETTY FAMILIAR WITH BEING ABLE TO LOOK AT SOMETHING AND SAY, YOU KNOW, THAT'S A NICE, GENTLE, FRIENDLY PIECE OF LAND. A FRIENDLY LITTLE PIECE OF LAND THAT DRAINAGE GOES THROUGH IT. BUT THERE'S NEVER BEEN A PROBLEM THAT I KNOW OF, AS FAR AS FLOODING OR WHATNOT. NEVER BEEN BROUGHT TO MY ATTENTION BY THE, UH, BY THE CITY OR BY ANYBODY ELSE. BUT, UH, NICE, FRIENDLY PIECE OF LAND. Y'ALL KNOW THE PROJECT YOU, YEAH. OKAY. YEAH. SO IT'S JUST A LITTLE COTTAGE. INSTEAD OF SOME OLD MAN SITTING THERE READING MOBY DICK, THERE'LL BE SOME OLD MAN SITTING THERE READING SOMEBODY'S WILL. IT'S NOT A BIG DEAL. IT'S, IT'S REALLY NOT. BUT THIS IS WHAT THE CITY HAS INSISTED THAT WE BUILD. WE TEAR UP THAT MASS FRIENDLY LITTLE DITCH, AND WE PUT IN ALL OF THESE, WHAT I CONSIDERED BE FAIRLY UNNECESSARY IMPROVEMENTS, WHATEVER YOU WANT TO CALL 'EM, DOUBLE THE SIZE OF THE, OF THE CULVERTS. JUST, JUST HUNDREDS OF THOUSANDS OF DOLLARS FOR NO, NO REAL REASON THAT I CAN SEE. NO PRACTICAL PURPOSE. BUT ANYHOW, I DID MAKE SOME PREPARED REMARKS AND I INTENDED TO KEEP 'EM SHORT. THOSE ARE MY PREPARED REMARKS. AND, UH, WE'RE JUST GONNA GO AHEAD AND BUILD IT. I MEAN, WE'RE ALREADY BUILDING IT, YOU KNOW, MEETING WITH THE CITY. THEY SAID THEY WOULD GIVE US SOME HELP HERE AND THERE. NEVER HAVE, NEVER REALLY HAVE, I'M SORRY TO SAY, MAYOR WAS ONE OF THE MEETINGS. AND SHE SAID, CAN YOU HELP THIS GUY? AND THEY WROTE A LETTER, I THINK IT WAS, UH, FEBRUARY 19TH. AND I'M RELYING ON THAT LETTER GOING FORWARD AS THE PROMISES MADE TO ME BY THE CITY, BY THE CITY STAFF. THAT'S, THAT'S WHERE MY RELIANCE IS AT THIS POINT. AND ONE OF THE RELIANCES I HAD WAS THAT THEY WOULD HELP US WITH FEES SOMEHOW. AND SINCE THAT MEETING, I'VE HAD A $1,200 FEE. AND ANOTHER ONE, I THINK IT WAS TWO OR $300 JUST FEES OUTTA THE BLUE, IT SEEMED LIKE TO ME. AND UNFORTUNATELY, AND WASTEFULLY ON JULY 1ST. CITY KNOWS WE'RE DOING THIS, THAT THERE'S A PROBLEM. I EVEN HAVE A CONSULTANT, PROFESSIONAL CONSULTANT, FORMER EMPLOYEE, FORMER, UH, HIGHLY HONORABLE EMPLOYEE OF THE CITY HELPING ME WITH THIS. SO WE CAN AVOID THESE THINGS. I'M NOT TRYING TO BE A PIRATE OR STICK SOMEBODY UP OR SOMETHING, JUST TRYING TO BUILD A LITTLE OLD BUILDING WHERE AN OLD LAWYER CAN GO IN AND READ SOMEBODY'S WILL JULY 1ST. WE HAVE A FIELD FULL OF PEOPLE, EQUIPMENT, HEAVY EQUIPMENT, HEAVY EQUIPMENT, WORKING ON THIS. THIS IS COSTING ME THOUSANDS OF DOLLARS AN HOUR. CITY PULLS UP STOP WORK, YOU HAVE TO STOP WORK. SO I COME BACK DOWN TO CITY HALL. LUCKILY I FOUND THE PERSON WHO WOULD HELP ME GET THROUGH THIS, JUST WALK AROUND WITH A CHECKBOOK AND A PEN. VERY DISAPPOINTED THAT I WAS TREATED LIKE THAT BY THE CITY. AFTER THAT MEETING, EXCUSE ME. AFTER THAT SITUATION, I TRY TO HAVE A MEETING EVERY MONDAY, ABOUT 10 O'CLOCK. NOW, THIS, THIS MONDAY, WE HAD TO HAVE IT AT ONE 30. BUT AFTER THAT LAST WEEK, I SENT OUT EMAILS TO THE PEOPLE IN THE CITY, SAID, COME AND COME AND HELP US. COME SIT DOWN, LET'S TALK. YOU KNOW, LBJ USED TO SAY, LET THIS REASON TOGETHER. I HAVE NOT HAD HARDLY ANYBODY BUT CITY COME DOWN THERE, UNLESS THEY WERE THERE TO PENALIZE ME. I GOT A LETTER FROM ONE DEPARTMENT SAYING, BUT DIDN'T MOW THE YARD OR GET THE GRASS CUT, THEY'RE GONNA FI FIND ME $2,000. WOW. I THOUGHT I WAS DOING A PRETTY GOOD JOB OF CLEANING UP THAT LOT. ANOTHER TIME WE GOT A WARNING TICKET ON AN EQUIPMENT TRAILER SAYING, YOUR EQUIPMENT TRAILERS HAVE TO BE BEHIND THE LOCK FENCE IN ON A CONCRETE, YOU KNOW, THERE'S A OLD SPORTS SHOW, RED LIGHT CALL. COME ON, MAN. SO THAT'S WHAT I'D SAY, COME ON, MAN. SO WE WILL BUILD THE RETENTION POND. AND AS I TRIED TO TALK TO PEOPLE EARLIER SAYING, YOU KNOW, THERE'S A CERTAIN AMOUNT OF DANGER TO THIS. WELL, GUESS WHAT? CITY COMES OUT AND SAYS, YOU GOTTA PUT A ORANGE FENCE IN A FENCE AROUND THAT, THAT DETENTION POND, BECAUSE IT'S DANGEROUS. I TOLD YOU IT WAS DANGEROUS HAVING AN EXCAVATION THERE. SO WE'RE GONNA BUILD, WE'RE GONNA BUILD THE, UH, THE POND. WE'RE GONNA BUILD THE SIDEWALKS. WE'VE GOT THE, UH, REINFORCED CONCRETE PIPE. I WAS ASSURED BY THE CITY THAT REINFORCED CONCRETE PIPE WAS THE, THE MODERN ANSWER THAT, UH, THAT METAL PIPE WOULD NOT WORK. I WENT DOWN JUST A FEW DAYS AGO TO THE, TO THE, UH, SUBDIVISION. I BUILT AND LOOKED AT THE METAL PIPE THAT I PUT IN THERE IN 1995 WITHOUT DOING THE MATH. I THINK THAT'S ABOUT 30 YEARS AGO. PERFECT, PRISTINE, JUST LIKE THE DAY IT WENT IN. SO I HAVE NO CHOICE. Y'ALL GOT ME BENT OVER. I AM BENT OVER. SO I WILL DO WHAT THE CITY IS REQUIRED, BUT I AM TELLING YOU THAT I'M IN RELIANCE [03:30:01] ON THE, UH, LETTER I RECEIVED FROM THE CITY. I BELIEVE IT'S ON 2 19 26. GOD BLESS YOU. THANKS. ALL RIGHT. DISCUSSION, COUNCIL MEMBER, GZA, IT SEEMS TO ME THAT THERE IS A CRY FROM PEOPLE IN THIS COMMUNITY TO SAY YOU DON'T SUPPORT SMALL BUSINESSES ENOUGH. AND THIS SEEMS LIKE WE ARE MAKING VERY EXPENSIVE DEMANDS WITHOUT MUCH JUSTIFICATION. AT LEAST I DIDN'T SEE A WHOLE LOT OF JUSTIFICATION IN THIS OTHER THAN WE DON'T RECOMMEND IT. UM, I, A FOUR FOOT SIDEWALK IS A DA COMPLIANT. SO WHY ARE WE MAKING HIM GO OUT TO FIVE FEET, UM, FOR SUCH A SMALL PROPERTY THERE WHEN YOU'VE GOT OTHER AREAS ALONGSIDE OF IT THAT ALSO DON'T HAVE DETENTION PONDS, IS THAT REALLY NE NECESSARY? IS THAT GOING TO INCREASE THE NUMBER OF MOSQUITOES THAT WE HAVE FROM POOLING WATER? UM, I MEAN, I WANT OUR CITY TO HAVE SIDEWALKS AND ACCESSIBILITY THE SAME, BUT SOME OF THESE THINGS JUST SEEM VERY EXCESSIVE TO ME, ESPECIALLY WITH THE SCOPE OF THE PROJECT. UM, I WOULD BE WILLING TO CONSIDER A LOT OF THESE WAIVERS JUST BECAUSE OF BEING SMALL BUSINESS FRIENDLY AND, AND GETTING HIM UP AND RUNNING TO BE, YOU KNOW, AVAILABLE TO HELP THE PEOPLE IN OUR COMMUNITY WITH THEIR LEGAL NEEDS. GOD BLESS YOU. ALRIGHT, ANY OTHER COUNCIL MEMBER? HARRIS, I TEND TO AGREE WITH COUNCIL MEMBER BZA. UM, THIS IS A VERY SMALL PROPERTY. UM, THE BUILDING YOU'VE PUT IN THERE IS TOP, TOP NOTCH. IT IS A BEAUTIFUL LITTLE BUILDING. THANK YOU. YOU'RE WELCOME. ANYTIME . THANK YOU. UM, I LOVE IT. UM, IT'S, I I THINK THAT WE ARE REQUIRING EXCESSIVE, UM, CON EXCESSIVE WORK ON THAT SITE. I THINK THE DRAINAGE POND IS NOT GONNA BE A GOOD IDEA AT ALL ON THAT SITE. UM, I JUST, I WOULD LIKE TO SEE US, UM, BE ABLE TO PROVIDE MORE EXCEPTIONS FOR THIS BUSINESS. I JUST WANNA THANK YOU. I JUST WANNA INTERJECT 'CAUSE I'M NOT SURE IT WAS EXPLAINED IN THE PRESENTATION. WE HAVE A CODE SECTION ON WHEN EXCEPTIONS CAN BE GRANTED. AND SO WE WANNA MAKE SURE AND COUNSEL'S WELCOME TO GRANT, WHATEVER EXCEPTIONS THEY FEEL APPROPRIATE, BUT WE WANNA MAKE SURE THAT WE ARE GONNA MAKE THE APPROPRIATE FINDINGS IF WE DO THAT. SO UNDER SECTION 41, 10 C, NO EXCEPTIONS SHALL BE GRANTED UNLESS THE FOLLOWING CONDITIONS ARE MET. THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS AFFECTING THE LAND INVOLVED, SUCH AS THE STRICT APPLICATION OF THE PROVISIONS OF THIS CHAPTER WOULD HAVE SUBSTANTIAL ADVERSE IMPACT ON THE APPLICANT'S RE OF LAND. THAT THE GRANTING OF THE EXCEPTION WILL NOT BE DETRIMENTAL TO PUBLIC HEALTH, SAFETY OR WELFARE OR INJURIOUS TO PROPERTY IN THE AREA. AND THAT THE GRANTING OF THE EXCEPTION WILL NOT HAVE THE EFFECT OF PREVENTING THE ORDERLY SUBDIVIDING OF OTHER LAND IN THE AREA IN ACCORDANCE TO THE PROVISIONS OF THIS CHAPTER. SO WE JUST WANNA MAKE SURE THAT IF WE'RE GONNA, WHEN THE P AND Z APPROVED THE, THE TWO EXCEPTIONS AND DENIED THE OTHERS, THEY WENT THROUGH THAT PROCESS. WE JUST WANNA MAKE SURE WE'RE GONNA DO THAT AS WELL. OKAY? THAT'S GONNA BE IMPORTANT. UM, LET ME SAY THIS ABOUT OUR RETENTION PONDS. IF THEY WERE REALLY THAT IMPORTANT, IF THEY WERE REALLY THAT HELPFUL, WHERE IS THE RETENTION POND FOR THE BUILDING WE'RE IN NOW, WHICH IS 10 OR 20 TIMES LARGER THAN MY BUILDING? DID YOU ALREADY BUILD THE DETENTION POND AT ALL? PARDON ME? HAVE YOU BUILT THE DETENTION POND AT ALL? WE ARE EXCAVATING IT, YES. YOU'RE EXCAVATING IT BECAUSE I, I TEND TO AGREE WITH THE, THE DETENTION POND. I FIND IT REALLY DIFFICULT TO BELIEVE THAT YOUR LITTLE PROPERTY IS GOING TO ALL OF A SUDDEN CHANGE THE, THE, THE NEED FOR REQUIRE THE DETENTION POND. UM, SO I DO, I DO UNDERSTAND WHERE YOU'RE COMING FROM. I NOW, HOW THAT'S GONNA AFFECT THE STORM DRAINAGE OR ANYTHING ELSE. I WOULD ALSO WANNA KNOW THAT, UM, I FIND IT HARD TO BELIEVE THAT YOUR PROPERTY IS GOING TO MAKE A BIG EFFECT ON THE STORM WATER DRAINAGE. OR IS THERE A REASON WHY WE'RE REQUIRING HIM THE, THE, THE POND AND NOT ANY OTHER NEW? ISN'T THERE, ISN'T THERE A NEW DEVELOPMENT ACROSS THE STREET OVER BY, UH, WALLACE AND THEY HAVE A DETENTION POND AS WELL? UM, WE'VE GOT A NEW VET BUILDING ON, UM, CENTER STREET THAT'S GOING UP, BUT THEY HAVE DETENTION IN THEIR BACK. UM, AGAIN, THE DETENTION POND WAS NOT THE ONLY OPTION. MR. HALL HAD SEVERAL AGAIN, UH, RAIN GARDENS, BIOSWELLS WATER CATCHMENT. UM, HE, HE CHOSE TO GO THE DETENTION POND ROUTE. UM, [03:35:01] SO, UM, I'M NOT SURE THAT THOUGHT PROCESS, LET ME JUST FOLLOW UP ON THE DETENTION. YOU, IF YOU REMEMBER THE HURRICANE 2017, REMEMBER THAT? MM-HMM . YOU GOT A PRETTY BIG FLOOD HERE. WHAT DID YOU SEE ALL ALONG FROM EAST ONE 50 ALL THE WAY OVER, UH, TO, TO THE OTHER SIDE OF TOWN? ONE 50, ALL THOSE BIG DETENTION PONDS, EVERY ONE OF THEM FAILED, BLEW UP AND DISCOURAGED ALL THEIR HOLDINGS. SO THE THING IS, IN A, IN A REAL FLOOD, THEY DON'T WORK IN A NO FLOOD. THERE ARE NO POINT. WHERE WOULD THIS POND BE AT POINT, THIS BUILDING WOULD HAVE ONE. WHERE WOULD THE POND BE AT? ON THE PROPERTY? IT'S BEHIND THE BUILDING. UH, IT'S, UH, AT THE CORNER OF BLANCO AND BARBIE. THE, NO, IT'S THE EASTERN CORNER OF THAT TRIANGLE. OKAY. SO IF IT WAS, IT'S THE HOMES, THE APARTMENTS RIGHT THERE, IT'S ALL CRAMMED IN THERE AND WE HAVE A PERMIT TO BUILD IT, ET CETERA. I HAVE TO SAY, AGAIN, I'M PRETTY NONPLUS IS WHY THE CITY WOULD COME OUT IN THE MIDDLE OF OUR CONSTRUCTION WITH A FIELD FULL OF WORKERS HEAVY MACHINERY IN PLACE, THE FULL KNOWLEDGE BEFOREHAND. WE HAVE MEETINGS, WE TALK TO THESE PEOPLE, WE EMAIL, TALK, YOU KNOW, WHATEVER WE CAN DO, HAVE A, A CONSULTANT, HELP ME WITH COMMUNICATION, ET CETERA. AND THEY COME OUT AND STOP WORK KNOWING THAT THIS IS JUST A PENALTY ON ME TO MAKE ME SPEND THOUSANDS OF DOLLARS ON PEOPLE ALREADY IN THE FIELD WHO STOPPED WORKING, HAD TO STAND AROUND AND LOOK AT EACH OTHER. HOW MUCH I'M TRYING TO FIGURE OUT PERCENTAGE WISE, HOW MUCH IMPERVIOUS COVERAGE IS, IS THERE? UM, 'CAUSE I, I DO, IT'S A SMALL, SMALL LOT OF, UH, I THINK THE SQUARE FOOTAGE OF THE WHOLE LOT'S, ONLY ABOUT 12,000 SQUARE FEET. YEAH. I DON'T HAVE THE PERCENTAGE OFFHAND. UH, IT'S PROBABLY RIGHT NOW PROBABLY CLOSER TO 30, 40%. UM, THE BUILDING'S, 15, 1600 SQUARE FEET PARKING AREAS, PROBABLY SIMILAR, NOT QUITE AS BIG. UM, IF YOU HAVE SPECIFIC QUESTIONS ON THE DRAINAGE, I'M GONNA HAVE TO, UH, LEAN TO MY, MY PARTNER LEON IN THE BACK. HE'S THE ONE WITH THE TECHNICAL EXPERTISE. UM, YOU KNOW, I KIND OF JUST WALK YOU THROUGH THE REGS AND, AND WHERE THEY ARE. BUT, UH, YOU KNOW, I I THINK FROM A DRAINAGE STANDPOINT, WHEN WE LOOK AT, YOU KNOW, THE WHOLE WATERSHED, YES. THIS, THIS POND IS PROBABLY A DROP IN THE BUCKET. UM, I THINK THE CONCERN IS OVER THE LIFE OF THEIR WATERSHED, WHEN YOU START ADDING DROPS OF THAT BUCKET, YOU DON'T ACCOUNT FOR THEM. THEY DO ADD UP, BUT, UH, LEON, WELL, BECAUSE YEAH, I WANNA MAKE SURE THE WATER FLOWS TOWARDS ALL THE WATER IN THE CITY OF KYLE GOES TOWARDS GRAY CLARK PARK. AM I RIGHT, LEON? UM, I'M, I'M TRYING TO FIGURE OUT HOW, BECAUSE THIS IS NOT LIKE THE NEW DEVELOPMENT, THE VETERANS ON CENTER STREET, RIGHT? DEEP ROOTS, IS THAT WHAT IT IS? BECAUSE THAT WAS LIFTED WAY ABOVE. I DON'T FEEL LIKE THE, I'M TRYING TO FIGURE OUT HOW MUCH RUNOFF THERE'S GONNA BE TO AFFECT. 'CAUSE COUNCIL MEMBER SPOTA JUST SAID, THERE'S APARTMENTS ACROSS THE STREET AND I'M WONDERING HOW THOSE WILL BE AFFECTED IF THERE'S NOT A DETENTION POND. MM-HMM . UM, THOSE APARTMENTS, LIKE I CAN TELL YOU ARE OLD. UM, I MOVED TO KYLE IN 2007 WHEN I GRADUATED TEXAS STATE, AND THEY WERE THERE. SO, UM, MY GUT TELLS ME THAT WASN'T A REQUIREMENT OR, YOU KNOW, WHO KNOWS WHEN THEY WERE BUILT, WHAT THE REGS WERE. BUT, UM, LEON'S THE, THE DRAINAGE EXPERT. SO IF YOU HAVE SPECIFIC QUESTIONS ON DRAINAGE, CAN YOU KIND OF EXPLAIN TO US HOW OUR WATER FLOWS? BECAUSE I REMEMBER ONE TIME WALKING OVER, AND I THINK I WAS WITH YOU MAY, WE WERE WALKING DOWN ACROSS THE STREET FROM GRAY CLARK PARK AND THERE WAS LIKE A BIG DETENTION POND OVER THERE. AND SO I WAS UNDER THE ASSUMPTION, AND MAYBE I I WAS INCORRECT THAT IT ALL FLOWS DOWN TOWARDS GRAY CLARK PARK AND THEN THROUGH THAT BIG DETENTION AREA OVER THERE. IS THAT CORRECT? GOOD EVENING, MAYOR AND COUNCIL. LEON BARB, CITY ENGINEER. UH, THE WATER IN THIS PARTICULAR SITE DRAIN BACK TOWARDS THE EAST ON BLANCO. THAT'S WHERE IT GOES TO. THERE'S AN EXISTING CULVERT THERE THAT NEEDS TO, THAT CARRIES THAT, UH, RUNOFF FROM THAT PARTICULAR SITE. THE, UM, WHEN ALL THESE NEW DEVELOPMENTS COME IN, THE FIRST THING I LOOK AT IS ARE THEY ADDING IMPERVIOUS COVER? IF THEY HAD EXISTING IMPERVIOUS COVER, THEY, LET'S ASSUME THEY HAD A GRAVEL PARKING LOT AND THEY WANT TO PAVE IT, THAT'S ALREADY IMPERVIOUS. I DON'T COUNT THAT TOWARDS ADDITIONAL IMPERVIOUS COVER. IN THIS PARTICULAR CASE, THERE WAS ZERO, UH, FACILITIES OUT THERE. THERE WAS NO BUILDINGS, NO PARKING LOTS, NOTHING OUT THERE. THEIR ENGINEER CAME UP WITH THIS DESIGN, THIS IS WHAT THEIR ENGINEER DESIGNED, AND DECIDED WHERE TO PLACE THE POND, WHERE, WHICH OBVIOUSLY PLACE IT AT THE LOWEST POINT OF THE PROPERTY. SO WHOEVER THE ENGINEER WAS, DECIDED THIS IS, WAS THE BEST LOCATION FOR IT, AND DECIDED THIS WAS THE SIZE THAT THEY NEEDED FOR THAT POND. SO WE DIDN'T HAVE, UH, WE CHECKED THE CALCULATIONS OR, OR, UH, FLIP PLAIN ADMINISTRATOR CHECKS THE CALCULATIONS, MAKE SURE, MAKE SURE THAT THEY'RE FOLLOWING ALL OUR RULES AND AND REGULATIONS. BUT TECHNICALLY THEY DID ADD IMPERVIOUS COVER. TECHNICALLY [03:40:01] THEY DID ADD THEY WERE GONNA ADD MORE RUNOFF DOWNSTREAM, AND THAT'S, THE STATE LAW SAYS YOU CAN'T DO THAT. SO THAT'S WHY WE REQUIRED DETENTION. AND AS, UH, UH, JASON MENTIONED THE CROSSES THE STREET ON CENTER STREET, THEY DID PROVIDE DETENTION. THEY HAD A HARD TIME DOING IT, BUT THEY DID PROVIDE DETENTION. THERE'S OTHERS THAT USED, UH, PERVIOUS PAVERS, UH, FURTHER DOWN THAT THEY'RE ON THE CENTER STREET. THEY USE PERVIOUS PAVERS, UH, ON THEIR PARKING LOT TO REDUCE THE AMOUNT OF RUNOFFS. SO THERE, THERE ARE OPTIONS, OTHER OPTIONS THAT YOU CAN CHOOSE. IF YOU GO TO THE DRAINAGE CRITERIA, UH, UH, SECTION OF THE, UH, CITY CODE, THERE ARE WAYS TO GET OUT OF DETENTION. AND NONE OF THOSE, UH, ENGINEERING NEVER REQUESTED ANY OF THOSE, UH, WAIVERS BECAUSE IT PROBABLY DIDN'T MEET ANY OF THOSE. SO I DO HAVE THE ABILITY TO WAIVE DETENTION IF IT'S NEEDED, IF IT, IF THEY CAN, UH, PROVE TO ME ENGINEERING WISE WHY THEY DON'T NEED DETENTION. IN THIS CASE, THE ENGINEER CHOSE TO BUILD DETENTION POND COUNCIL MEMBER ADA. LET ME ASK LEON A QUESTION. LEON, NOT LONG AGO, YOU AND I HAD A CONVERSATION WHICH YOU SAID, YOU KNOW, YOUR ENGINEER REALLY FOUGHT HARD FOR YOU. SO THAT DOESN'T SOUND LIKE AN ENGINEER FOUGHT VERY HARD FOR ME. SO WHICH SIDE OF THE STREET ARE YOU ON? DID HE BUY IT HARD FOR ME? OR NOT YOUR ENGINEER? MM-HMM . OUR ENGINEER HAD TO HAVE SEVERAL DISCUSSIONS WITH YOUR ENGINEER TO GET HIM TO GO AHEAD AND, AND FOLLOW THE CITY CODE RULES. OKAY. SO HE DIDN'T VOLUNTARILY COME UP AND SAY, HEY, LET'S DO A DETENTION POND. MR. BARBARA, WHAT WOULD YOU SAY THE DETENTION POND DO YOU THINK WOULD COST? I'M GOING TO JUST JUMP IN HERE REAL QUICK. SORRY ABOUT THAT. UM, IT, WHAT IS THE, UM, UPDATE ON OUR UNIFIED DEVELOPMENT CODE? BECAUSE IT'S MY UNDERSTANDING THAT AS WE'VE TALKED ABOUT UPDATES MADE TO OUR UDC, I KNOW THAT I HAVE SPECIFICALLY BROUGHT UP VARIANCES FOR DIFFERENT ZONING REQUIREMENTS BECAUSE I WANT IT TO BE MORE FLEXIBLE, SO THAT WAY WE ARE MORE FRIENDLY TO SMALL BUSINESSES, ESPECIALLY ON SMALL PARCELS OF LAND LIKE THIS. UH, SO I'M JUST WONDERING WHAT'S THE OVERALL STATE OF THAT? BECAUSE IF THIS IS SOMETHING THAT WE'RE GOING TO BE REQUIRING FOR EVERY SINGLE PERSON WHO'S TRYING TO DEVELOP SUCH, EVEN SUCH A SMALL PIECE OF LAND, UM, YOU KNOW, I DO TEND TO THINK THAT THIS IS A LITTLE EXCESSIVE AND, AND I UNDERSTAND THAT DRAINAGE IN THAT AREA IS TERRIBLE, BUT I ALSO THINK THAT'S AT THE FAULT OF THE CITY. LIKE WE SHOULD HAVE UPDATED BLANCO A LONG TIME AGO. UM, AND I KNOW THAT WE'RE GOING TO BE MAKING UPDATES ALONG VETERANS DRIVE, SO HOPEFULLY, I GUESS I'M ALSO WONDERING WHAT IMPACTS WILL OUR UPDATES ON VETERANS HAVE ON OUR DRAINAGE, BECAUSE THAT MIGHT BE ABLE TO SOLVE FOR SOME OF THE INCREASED RUNOFF DUE TO THE INCREASED IMPERVIOUS COVER. UM, I'M JUST WONDERING IF THOSE THINGS WERE TAKEN INTO CONSIDERATION. I KNOW THE SIDEWALK WAS, FOR EXAMPLE, ALONG VETERANS DRIVE, BUT WAS DRAINAGE ALSO TAKEN INTO CONSIDERATION? UM, YEAH, SO I, I DO BELIEVE WE DID LOOK AT DRAINAGE WHEN WE WERE TALKING, UH, VETERANS DRIVE IMPROVEMENTS. UM, AND WHERE THOSE ARE, THAT'S ACTUALLY DRAINING FURTHER PLAN SOUTH HERE, BACK TOWARDS THE CORNER. UM, THERE'S AN INLET. I DON'T KNOW IF YOU CAN SEE IT. I DON'T KNOW, I CAN HIGHLIGHT IT ON HERE. UM, AS FAR AS THE UDC REWRITE TO, TO ANSWER YOUR QUESTION, THAT ACTUALLY HAS BEEN PAUSED. UM, THE AND STAFF IS GOING TO BE BRINGING A, A DISCUSSION FOR YOU, A STAFF REPORT ON THE UDC. UM, BUT DUE TO BUDGETARY CONSTRAINTS, UM, SOME OF OUR REVIEW OF WHAT WE WERE GETTING, UM, WE HAD PUT PENCILS DOWN ON SOME OF THOSE. UM, WE DO ARE KIND OF CONTEMPLATING A PLAN TO MAKE SOME, SOME CHANGES TO THE CODE IN-HOUSE, UM, VERSUS DOING A THIRD PARTY, UH, CODE REWRITE, UH, MORE PIECEMEAL THAN, THAN FULL BLOWN. UM, SO IT IS CURRENTLY PAUSED AT THIS POINT. UM, I UNDERSTAND VARIANCES ARE PROBABLY A CONCERN. UM, THAT WAS SOMETHING WE'D LOOK AT. DRAINAGE IS SOMETHING WE WOULD LOOK AT ALSO AS PART OF THAT. UM, BUT SOME OF THOSE ARE BIGGER POLICY DECISIONS THAN EVEN WHAT A CODE PREWRITE CAN DO. UM, SO YOU CAN LOOK AT COMMUNITIES. I'VE WORKED IN COMMUNITIES, SMALLER, UH, RURAL COMMUNITIES THAT HAVE WAIVERS FOR SAY, HALF ACRE LOTS, ONE ACRE OR SMALLER. UM, THEY CAN WAIVE THOSE DETENTION REQUIREMENTS AND ON, UH, SEVERAL ONE-OFFS, IT'S PROBABLY NOT AN ISSUE. BUT ULTIMATELY THOSE CITIES ARE HAVING TO COME BACK AND NOW DO REGIONAL DETENTION. UM, SO THAT IS A BIGGER POLICY. HOW DO WE HANDLE STORM WATER? IS IT THE DEVELOPER HANDLING THEIR OWN AND THE CITY PICKING UP THE SLACK LATER? OR IS THE CITY JUST GONNA TAKE THAT ALL ON THEMSELVES? UM, AT THIS POINT WE, WE ARE DOING, DEVELOPER DOES THEM, AND THEN WHEN WE COME IN, WE TRY AND FIX. SO, UM, YOU'RE CORRECT, THE, THE DRAINAGE, THIS IS ORIGINAL TOWNSHIP, IT'S ALL OPEN DITCH DRAINAGE. UM, ANYTHING THAT WE DO IN THAT AREA, AND, AND LEON CAN CORRECT ME IF I SAY ANYTHING INCORRECTLY, BUT IT'S GONNA REQUIRE A LOT MORE AREA, UM, A LOT BIGGER COST AND A LOT BIGGER KIND OF POLICY DISCUSSIONS THAN, THAN WHAT WE'RE KIND OF WILLING WE'RE READY TO HAVE RIGHT NOW. BUT, OKAY. WELL, THANK YOU FOR THE UPDATE ON THE UDC. THAT'S THE FIRST TIME THAT I'VE HEARD THAT IT'S ON PAUSE, WHICH IS EXTREMELY [03:45:01] CONCERNING BECAUSE THAT IMPACTS HOW OUR ENTIRE CITY FUNCTIONS AND GROWS LIKE DOWN TO THE BONE. THOSE ARE THE RULES THAT WE ALL ABIDE BY. SO THAT'S KIND OF WILD THAT THIS IS THE FIRST TIME I'M HEARING ABOUT IT AS A COUNCIL MEMBER THAT IT'S BEEN PAUSED, ESPECIALLY WHEN IT HAS SUCH LARGE IMPACTS ON SMALL BUSINESSES LIKE THIS. FOOD TRUCKS WERE EVEN TALKED ABOUT IN THE UDC REWRITE COTTAGE, UH, AT HOME COTTAGE SHOPS, YOU KNOW, FOR FOLKS WHO SELL OUT OF THEIR, OUT OF THEIR HOME. SO THAT'S A HUGE PROJECT. HEY, JASON, WHY DON'T YOU TELL THE COUNCIL WHY THE UDC WAS PAUSED? THE REAL REASON IT WAS PAUSED. UM, COST ASSOCIATED WAS ONE OF 'EM, BUT FROM A STAFF LEVEL PERSPECTIVE, UM, WE HAD A THIRD PARTY, UH, GROUP THAT WAS DOING THIS. UM, WE WALKED THROUGH THEM, UH, GOING THROUGH OUR DIAGNOSTICS. SOME OF THE ISSUES, CONCERNS, LIKE YOU BROUGHT UP FOOD TRUCKS. UM, ONCE WE STARTED GETTING THE DOCUMENTS BACK, WE FELT LIKE WE WEREN'T GETTING WHAT THE CITY WAS ASKING FOR. UM, IT WAS, UH, I'LL BE HONEST, IT FELT LIKE A COPY AND PASTE OF, OF ANOTHER CITY, UM, IN THE, IN THE REGION. UM, SO MUCH SO THAT WHEN I GOOGLED A SENTENCE THAT I FOUND WEIRD IN OUR PROPOSED DOCUMENT, I GOT ONE HIT ON GOOG, ONE HIT IN GOOGLE, AND IT WAS SAID CITY WORD FOR WORD. SO, UH, FROM A STAFF PERSPECTIVE, WE HAD, WE HAD SOME CONCERNS THAT THE CODE RIGHT REWRITE WASN'T GOING WHERE IT NEEDED TO GO. UM, AND AT THE DOLLAR AMOUNT THAT WE WERE PAYING FOR, WE FELT LIKE WE WERE JUST NOT GETTING A GOOD RETURN ON OUR INVESTMENT. DID THE DOCUMENT HAVE THE OTHER CITY'S NAME ON IT WHEN THEY SUBMITTED TO THE CITY? UH, THERE'S A COUPLE OF REMNANTS OF OTHER CITIES STILL IN THERE. SO, YOU KNOW, IT'S A, IT, IT'S TYPICAL. WE DO SEE THAT IN PLANNING. I DON'T WANNA SAY THAT, THAT ME AND MY STAFF INVENT EVERY NEW REGULATION WE FIND. WE DO TEND TO LOOK AT OTHER CITIES AND CANNIBALIZE, UH, WE DID THAT RECENTLY WITH THE REPAIRING ORDINANCE. UH, BUT ONE THING WE TRY TO DO WHEN WE DO THAT IS MAKE SURE THAT WE'RE ADDRESSING OUR NEEDS AND NOT JUST COPYING AND PASTE IN OTHER CITY'S NEEDS. MM-HMM . OKAY. SO ALL IN ALL THOUGH, I FEEL LIKE THAT'S SOMETHING THAT COUNCIL SHOULD HAVE BEEN INFORMED OF. I MEAN, BAD COMPANY, BUT THE PREMISE OF IT IS EXTREMELY IMPORTANT. AND THAT IS WHAT I'M MORE CONCERNED WITH SUGGESTION WAS THE COUNCIL INFORMED. UM, WE'VE NOT OFFICIALLY DONE A A, A PRESENTATION ON THAT, UM, AT THIS TIME. UM, I'M NOT SURE WHAT CONVERSATIONS HAPPENED PRIOR TO THAT. I KNOW THEY WERE KIND OF ONGOING. UM, I KNOW WE'RE PLANNING ON DOING A STAFF REPORT PROBABLY END OF NEXT MONTH, UM, EARLY AUGUST. UM, STAFF HAS KIND OF BEEN PUTTING TOGETHER, IF WE TACKLE THIS OURSELVES, HOW DO WE DO THIS? UM, BECAUSE I THINK OUR, OUR CODE GETS A LOT OF, UH, IT GETS BEAT UP A LOT. UM, I'VE WORKED FOR A LOT OF CITIES. UH, NOBODY'S CODE IS PERFECT. UM, AS, AS BAD AS PEOPLE SAY KYLE'S IS, IT'S, IT'S, WELL, AND TO THERE, KIND OF TO THAT POINT, JASON, I WOULD SAY THAT STAFF DOESN'T REALLY COMPLAIN ABOUT THE CODE. WE HAVE A FEW AREAS THAT WE NEED TO ADDRESS, AND WE KNOW THAT THERE ARE SOME, UM, PRIORITIES THAT THE COUNCIL MEMBERS WANNA ADDRESS, SUCH AS THE TRUE ORDINANCE AND LIGHTING AND, AND SMALL BUSINESS FRIENDLY AND, AND THINGS OF THAT NATURE, UM, THAT WE FELT WE COULD DO ON OUR OWN BECAUSE SOME OF THE, SOME OF THE DOCUMENTS THAT WERE COMING BACK WERE ADDRESSING ISSUES THAT WEREN'T EVEN RELEVANT TO, TO KYLE. AND SO STAFF HAS GENERALLY FELT LIKE THE THE CODE WORKS WELL. YOU, Y'ALL HARDLY EVER SEE ANY VARIANCES. AND IF IT WASN'T WORKING, YOU WOULD SEE ALL SORTS OF VARIANCES ALL THE TIME. AND WE WOULD KNOW THAT. SO AS THE SLOW DOWN, AS THE ECONOMY HAS SLOWED DOWN, WE'VE HAD PLANNING SLOW DOWN, WE FELT LIKE THIS IS SOMETHING WE COULD TAKE ON INTERNALLY AND KIND OF HIT THOSE TARGETED SPOTS AND, AND BRING THAT BACK TO YOU. AND IN THE MEANTIME, SAVE A LOT OF MONEY ON SOMETHING THAT WE DIDN'T FEEL WAS, UM, DONE VERY WELL AND, AND WAS A DECISION BY PAST LEADERSHIP TO PROCEED WITH THE, THE ENTIRE REWRITE OF THE CODE, WHICH IT REAL, IT REALLY HASN'T BEEN PROBLEMATIC. JASON, IF I, AM I SAYING ANYTHING? YEAH, I WOULD SAY, YOU KNOW, STAFF HAS THEIR LIST OF WHAT WE WOULD, WE WOULD CALL BIG TICKET ITEMS, UH, MOSTLY DISCREPANCIES WHERE ONE SECTION OF THE CODE, UH, DISCONTINUES ANOTHER SECTION, UM, YOU SEE SOME OF THAT, UM, THERE'S SOME INSTANCES WHERE THINGS MAYBE AREN'T ADDRESSED OR THERE'S NOT ENOUGH TEETH IN THERE. THE TREE ORDINANCE IS ONE OF THOSE WE HAD SOME BIG CONVERSATIONS ON, UM, YOU KNOW, THAT NEEDS A WHOLE REVAMP. BUT, UM, OUTSIDE OF MAYBE LAND USE AND DEFINITIONS, UH, YOU KNOW, SETBACKS SEEM TO BE WORKING. UM, OUR I 35 OVERLAYS ARE WORKING. I THINK WE'VE GOT SOME GOOD DEVELOPMENTS IN TOWN. UM, YOU KNOW, WHERE WE DO SEE ISSUES, IT'S GENERALLY AROUND TRANSPORTATION, UTILITIES, AND TRAFFIC. UM, SO THOSE ARE KIND OF SOME AREAS THAT WE WOULD WANNA LOOK AT. BUT [03:50:01] WHEN YOU'RE TALKING YOUR NUTS AND BOLTS OF THE ZONING CODE, WHAT, WHAT I SEE HERE, WHAT, WHAT WE'VE EXPERIENCED, UM, YOU KNOW, I FEEL WORKS. I I THINK YOU'RE GETTING A GOOD PRODUCT. I THINK EVERY PRODUCT CAN BE BETTER. UM, BUT FOR A HALF MILLION DOLLARS FOR WHAT WE WERE PHYSICALLY GETTING, WE JUST DID NOT FEEL COMFORTABLE. YEAH. AND CAN I COMPLETELY HEAR, I HAVE TO STEP IN AND JUST SAY WE'RE, I FEEL LIKE WE'RE GETTING A LITTLE BIT FAR OFF. I WAS GONNA SAY I COMPLETELY BACK WHERE WE WERE. I COMPLETELY HEAR Y'ALL. BUT THE ONLY REASON WHY I EVEN BROUGHT THAT UP WAS BECAUSE I THINK THAT THIS IS A PRIME EXAMPLE OF WHERE VARIANCES THAT WOULD'VE BEEN UPDATED IN OUR UDC COULD'VE REFLECTED AND AVOIDED MAYBE A LOT OF WHAT'S HAPPENING RIGHT NOW. BECAUSE I, FOR ONE, THINK THAT WE HAVE MAJOR ISSUES OUTSIDE OF THOSE, FOR EXAMPLE, LIKE JUST INTERCONNECTIVITY AND WHATNOT BETWEEN DEVELOPMENTS AND DIFFERENT ZONING TYPES AND WHAT, LIKE, THOSE ARE HUGE THINGS THAT IMPACT LIKE WALKABILITY, QUALITY OF LIFE, WHATNOT. ALL THAT TO SAY IS THAT I AGREE WITH COUNCIL MEMBER GOZA, COUNCIL, UH, MEMBER HARRIS, UM, ABOUT BEING A BIT MORE FLEXIBLE ON THIS BECAUSE I THINK THE UDC SHOULD BE MORE, OR I BELIEVE THAT OUR CODE SHOULD BE MORE FLEXIBLE IN THE FIRST PLACE. LET ME SAY A LITTLE BIT ABOUT THAT. YOUR STAFF IS GONNA RECOMMEND, RECOMMEND, RECOMMEND. THEY'RE GONNA SAY IT'S THE LAW, IT'S ORDINANCE, IT'S THE LAW, IT'S ORDINANCE, YOU KNOW, THERE'S A HIGHER LAW AND THAT'S HELPING YOUR CITIZENS. IT'S NOT SHUTTING DOWN PROJECTS IN WITH A FIELD FULL OF PEOPLE. IT'S NOT HAVING OVERBEARING, UNNECESSARY DESIGN THINGS, UH, STUCK DOWN SOMEBODY'S THROAT. AND AS FAR AS WHAT IS REQUIRED GO OUT, I WANNA ALSO OWN PROPERTY IN MOUNTAIN CITY. THERE'S NOT A RETENTION POND IN MOUNTAIN CITY. THERE'S NOT A REINFORCED CONCRETE PIPE IN MOUNTAIN CITY. THERE'S NOT A FIVE FOOT A SIDEWALK IN MOUNTAIN CITY. THERE'S NOT A TRICKLE CHANNEL IN MOUNTAIN CITY. BUT I TELL YOU WHAT, THE AVERAGE HOUSE IN MOUNTAIN CITY IS VALUED OVER $150,000 MORE THAN THE AVERAGE HOUSE IN KYLE. THE AVERAGE HOUSE IN MOUNTAIN CITY IS GONNA PAY A $400,000 HOUSE IS GONNA PAY ABOUT, UH, AS FAR AS CITY TAXES GOING ABOUT $300 IN, IN, UH, IN PROPERTY TAXES. WHERE A HOUSE IN KYLE IS GONNA PAY ABOUT TWO, $400,000, ABOUT $2,000 ROUGHLY IN TAXES. SO LOOK AT, COME ON. OKAY, I'M GONNA, I'M GONNA STOP BECAUSE OF LIFE. OKAY? I, WE ARE NOT MOUNTAIN CITY. I WANNA MAKE THAT VERY CLEAR. WE ARE KYLE, AND I AM PROUD OF KYLE AND I, I'M NOT ALWAYS PROUD OF OUR PROCESSES, BUT I DO LOVE OUR CITY. AND SO WITH THAT, I LOVE OUR CITY TOO. THAT'S WHY I'M TRYING MY BEST. AND WE'RE TOO, WE ARE SITTING, WE'RE TRYING TO, WE ARE OUR COUNCIL. AND SO WE HAVE TO WEIGH THE PROS AND CONS AND FIGURE IT OUT. AND I THINK FOR THE MOST PART, WE ARE ALL KIND OF ON BOARD. I, FOR ONE, UH, WANNA MAKE SURE THAT ANY DECISIONS THAT I MAKE IS NOT GONNA NEGATIVELY AFFECT, UH, THE WEALTH, HEALTH, SAFETY OF OUR RESIDENTS. THAT'S WHY WE ARE ASKING QUESTIONS. UM, IF IT WERE ME, MY SUGGESTION TO THE COUNCIL WOULD BE TO GO THROUGH ONE OF THE, EACH OF THESE INDIVIDUALLY AND DECIDE WHETHER OR NOT WE WANT TO APPROVE OR DENY THEM. UM, AND 'CAUSE I THINK APPROVING ALL OF THEM OR DENYING ALL OF THEM, THAT'S NOT REALLY THE RESPONSIBLE THING TO DO. I THINK WE CAN GO BACK, ASK, UH, HEY, IS THIS IS, YOU KNOW, IS THE METAL CULVERT OKAY? LIKE, I DON'T THINK THAT'S GONNA END THE WORLD. I THINK IF WE DO A METAL, THAT'S FINE. I THINK IF WE WERE GONNA HAVE COSTCO DO A DEVELOPMENT, UH, THEY WOULD PROBABLY DO SOMETHING THAT'S, YOU KNOW, BIGGER, GRANDER, NICER. UM, BUT YOU'RE A SMALL BUSINESS AND I UNDERSTAND. AND IF THE METAL, IF OUR STAFF SAYS THE METAL IS OKAY, UM, YOU ARE SAYING IT LASTED YOU 31 YEARS AT THE OTHER PLACE, THAT BUT BRAND NEW, THEN WE CAN HAVE THAT DISCUSSION. UM, MAYOR, AS WE'RE DOING THAT, I'M GONNA ASK THAT FOR PURPOSES OF COMPLIANCE WITH SECTION 41 10, THAT WE DO MAKE INDIVIDUAL FINDINGS FOR EVERY ITEM BECAUSE THE FINDINGS ARE REQUIRED TO BE INCLUDED IN THE OFFICIAL MINUTES OF THIS MEETING. SO WE WILL NEED YOU TO ACTUALLY MAKE THOSE FINDINGS AS YOU GO THROUGH 'EM. OKAY? SO I'M GONNA GO AHEAD, WE'RE GONNA DO THESE ONE BY ONE. UM, CAN I JUST DO LIKE 13 A, B, C, D? IS THAT YEAH, I'M, I'M FINE WITH THAT. OKAY. I JUST WANNA MAKE SURE I YOU BACK TO THE, UH, SUMMARY PAGE. NO, WE'RE GONNA HAVE A DISCUSSION. I MEAN, YOU, IT, IT ACTUALLY SHOULDN'T, WE SHOULDN'T EVEN BE DEBATING UNTIL AFTER A MOTION IS MADE. AND SO, UM, LET'S TALK DISCUSSION AFTER THE MOTION AND WE CAN, I MEAN, ONE BY ONE IS, OKAY, WE DO THAT DOESN'T MEAN WE HAVE TO APPROVE THE MOTION. DOESN'T MEAN YOU HAVE TO DENY, BUT IT DOES ALLOW US OPPORTUNITY TO HAVE CONSTRUCTIVE CONVERSATION. UM, SO FOR 13 A, UM, IT'S, HE'S ASKING TO ALLOW THE CULVERT TO BE METAL. IS THAT CORRECT? NO, WE'VE ALREADY GOT THE, UH, CONCRETE CULVERTS IN PLACE. THEY'RE ALREADY LAID IN PLACE, SO WE DON'T EVEN NEED TO DO, YOU'LL JUST SKIP THAT ONE. OKAY. SO HE IS GONE. SO I WOULD MAKE A MOTION TO DENY [03:55:01] THAT ONE SINCE IT'S ALREADY DONE. OKAY. I WOULD LIKE TO MAKE A MOTION TO DENY ITEM 13 A, UH, THREE A, JUST FOR THE RECORD. THREE A. OH, I'M SORRY. UM, OH, OH, I'M SORRY. IT'S THE AGENDA ITEM. OKAY. YEAH, I GOT CROSSED. I WAS LIKE, WE SHOULD BULLET POINT. ARE WE TALKING? I COULD BE WRONG. I'M SORRY. I'M PRETTY NOTORIOUS. YEAH, I, I WAS TRYING TO LINE THEM UP WITH, AS THE CONVERSATION WAS GOING, LIKE, WHAT, OKAY, WHICH ONE OF THESE IS WHAT? OKAY, SO I HAVE A MOTION TO DENY 13 A SECOND, AND THEN I HAVE A SECOND BY COUNCIL MEMBER, UM, MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES SEVEN ZERO. ALL RIGHT. UP NEXT, UH, TO WAIVE THE REQUIREMENT FOR A DETENTION POND. UM, SO LET'S TALK ABOUT THE ALTERNATIVE. IS THERE ANYTHING ALTERNATIVE WHERE WE CAN PUT THAT WATER? YEAH, THAT'S MY BIGGEST CONCERN IS WHERE DOES THE WATER GO? SO, SO I'LL LET LEON ANSWER THE TECHNICAL QUESTIONS, BUT THERE'S, THERE'S SEVERAL OPTIONS IN THERE THAT, THAT HE CAN DO ON THERE. SO WE DO RAIN GARDENS, UH, BIOSWELLS, UH, RAINWATER STORE HARVESTING. I'M NOT SURE WHAT THE SPECIFIC REQUIREMENTS ARE FOR EACH, BUT THERE, THERE WERE OTHER OPTIONS AVAILABLE. UM, NOW LEON CAN'T JUST SIGN OFF ON THEM BY SAYING, HEY, I'M GONNA DO THAT. AND WE, WE JOTTED ON A PLAN. WE'D HAVE TO SEE THE ENGINEERING, UH, THE PLAN SPECS BEHIND IT, YOU KNOW, IS THERE A, A CATCH BASIN AND A PUMP AND IT PUMPS OUT? AND THAT'S ANOTHER FEE. UH, IT, IT'LL IT'LL BE A PLAN CHANGE REVIEW. YES, MA'AM. UM, 'CAUSE THOSE PLANS GET REVIEWED. YOU KNOW, THERE'S PROBABLY ON SOMETHING LIKE THIS, A A PLAN LIKE THIS, WE'RE SEEING AT LEAST 20 PEOPLE THAT ARE DOING PLAN REVIEWS ON THIS. SO THAT'S WHY WE HAVE TO HAVE THOSE FEES ASSOCIATED WITH THOSE. YEAH. AND THEN HE'S GONNA HAVE TO PAY SOMEONE TO, TO RE-ENGINEER THAT. I THINK THAT'S THE, I THINK THAT'S, UH, MR. HALL'S BIGGEST CONCERN 'CAUSE IT THAT WAS THE SAME WITH THE, UH, ALTERNATIVE PIPES. UM, LEON CAN SIGN OFF ON METAL. IT'S JUST, WE CAN'T SIGN OFF ON IT WITHOUT UPDATED ENGINEERING DOCUMENTS. IT WAS A REMARKED BY ONE OF THE COUNCIL MEMBERS CONCERNING WHAT THOSE ENGINEERING PLANS COST FOR AN INTERSECTION. THOUSANDS AND THOUSANDS AND THOUSANDS OF DOLLARS. YOU KNOW, I HAVE CONFESSION TO MAKE. I I MADE A MISTAKE 47 YEARS AGO GOING TO LAW SCHOOL. I SHOULD HAVE GONE TO ROUNDABOUT SCHOOL. IT EVEN SOUNDS LIKE MORE FUN. IT SURELY MAKES A LOT MORE MONEY. ALL RIGHT, WELL, LET'S STAND. FANTASTIC. I'M, I'M NOT HIRED ANOTHER ENGINEER. WE HAVE A 13 B. SO WHAT DO YOU GUYS THINK ABOUT THE DETENTION POND? THIS I, I WITHDRAW THE REQUEST. YOU'RE GONNA DO THE DETENTION POND? YEAH, WE'RE GONNA DO, WE'RE ALREADY DOING IT. ALL RIGHT. SO I'D LIKE TO MAKE A MOTION TO DENY ITEM 13 B SECOND. I GOT A MOTION BY MYSELF. A SECOND BY COUNCIL MEMBER KINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. OKAY. I'M NEXT. WE HAVE A REQUIREMENT FOR THE TRICKLE CHANNEL. I'M OKAY. I MEAN, WHAT HAPPENS IF WE WAVE THAT? BECAUSE IT'S, IT WAS THAT GRASSED AREA, THAT GRASSY AREA, RIGHT? IT WASN'T, IT'S JUST AS FRIENDLY LITTLE MESS. YEAH. YOU KNOW, PART OF ME, LIKE I GET THE TRICKLE CHANNEL IDEA, 'CAUSE IT MAKES WATER FLOW, BUT SOMETIMES THE GROUND IS A LITTLE BIT MORE IMPERVIOUS AND IT COULD MAYBE ABSORB THAT WATER. I DON'T KNOW. I'M NOT AT STORM DRAINAGE, UM, , WHAT KIND OF EFFECT IS THAT GONNA HAVE? THE, UH, PROBLEM WITH THAT PARTICULAR LOT IS IT'S REALLY FLAT IN THAT AREA, AND THAT'S WHY THE, UH, ENGINEER CAME UP WITH THE, UH, PLE CHANNEL. AND THAT'S PROBABLY WAS RECOMMENDED BY OUR DRAINAGE, UH, EXPERT BECAUSE IT'S REALLY FLAT IN THAT AREA. SO THE INTENT WAS TO KEEP THAT WATER MOVING. UH, WHEN IT'S GRASSED UP AND SEALS UP, IT STARTS HOLDING UP WATER. SO IT'S BETWEEN THE PARKING LOT AND THE PIPE THAT'S GOING DOWN. UH, BLANCO STREET. HOW MANY FEET IS THAT, JOHN? I'M GONNA GUESS 16 TO 24. SO THERE'S TWO TRICK IN HERE. THIS IMAGE, THE BLUE ONE AND THE GREEN ONE. THE GREEN ONE'S, THE AREA THAT, UH, WE, WE ALREADY SAID WE DIDN'T HAVE TO DO THE BLUE. IT'S ON THE GREEN ONE THAT HE'S, HE'S, UH, BEING ASKED TO PUT IN WITH THE TRICKLE CHANNEL. IT'S ABOUT A TWO FOOT WIDE CONCRETE, UH, RIBBON. I, I'M OKAY NOT DOING THAT. YOU, HOW DOES EVERYBODY ELSE FEEL THE UPDATES THAT WE'RE DOING ON VETERANS DRIVE, AGAIN, WHERE, WHERE DOES THE DRAINAGE COME INTO PLAY? UM, 'CAUSE I THINK, I'M JUST TRYING TO FIGURE OUT, LIKE, IF WE'RE DOING THIS TRICKLE CHANNEL, BUT WE EXPECT DRAINAGE TO FLOW TOWARDS GREG PARK, BUT WE HAVE IT ON THE BACKSIDE. I'M JUST TRYING TO MAKE, MAKE SENSE OF THIS. UM, SO ACTUALLY, UM, AS, AS LEON SAID, THIS AREA ACTUALLY, SO, UH, BARBIE STREET IS GONNA DRAIN TO PLAN NORTH TO THE INTERSECTION OF BLANCO, AND IT'LL COME DOWN BLANCO AND WORKS ITS WAY DOWN INTO, UH, LITTLE RAILROAD TRACK HERE. YOU'LL SEE THAT CROSSING WHEN IT FILLS UP. UM, VETERANS IS ACTUALLY GONNA DRAIN SOUTH GOING DOWN. UM, IF YOU CAN SEE ON THIS IMAGE NEAR [04:00:01] THE SIDEWALK, THERE'S ACTUALLY AN INLET. SO ALL THAT WATER'S GONNA COME DOWN. VETERAN'S GONNA GET DUMPED INTO THAT INLET. IT'S ACTUALLY GOING TO END UP BACK IN THE DETENTION POND AND GO BACK UP ON PLAN BACK TO BLANCO. SO NOT ALL OF THAT WATER'S COMING IN FROM ALL OF, UH, HE'S NOT TAKING MR HALL'S, NOT TAKING ALL OF THE VETERANS DRIVE ROADWAY. THAT CROWN IS SPLITTING SOME OF THAT. SO WE ARE CHANGING IT A LITTLE BIT, BUT SOME OF THAT WATER IS GONNA COME OFF VETERANS GO RIGHT ACROSS THE CORNER OF HIS PROPERTY, THAT LITTLE TRIANGLE DOWN THERE, AND THEN GET BACK INTO THAT DRAINAGE DITCH AND HEAD PLAN NORTH. SO WHAT WE'RE LOOKING AT, LIKE HOW MANY FEET FOR THE PROPOSED TRICKLE CHANNEL? UH, THE NORTHERN TRICKLE CHANNEL, I WOULD SAY 45 FEET, UH, SOUTHERN ONE 90, MAYBE A HUNDRED, JUST, UM, GOING OFF THE PARKING SPACES. OKAY. THEY'RE SET WIDTH. IT'S A GOOD ESTIMATE. OKAY. SO THE PROPOSED THE GREEN IS ALL HE'S WORRIED ABOUT. UM, I'M OKAY WAIVING THAT. ANYBODY ELSE? AGAIN, I JUST, MY QUESTION IS, WHERE DOES THE WATER GO? WELL, HE HAS A, HE'S GONNA HAVE THE, THE DETENTION POND. HERE'S THE LAYMAN'S ANSWER TO YOUR QUESTION. THE WATER IS GONNA SETTLE INTO THE SOIL UNLESS WE HAVE A LARGE AMOUNT OF OVERFLOW, AND IT WILL GO TO, TO THE SAME, UH, PLACE. IT, IT IS ALL INHIBITED. ACTUALLY, THE FLOW IS INHIBITED BY THE CITY'S CULVERT AT THE CORNER OF, UH, BLANCO, BLANCO AND BARBIE. SO THAT IT'S ALL, WHEN IT GETS TOO MUCH FOR THAT, IT'S JUST GONNA BACK UP ON MY PROPERTY, WHICH I DON'T MIND. 'CAUSE IT'S GOING TO MAYBE BACK UP ABOUT AN HOUR OR TWO HOURS, THEN IT'LL FLOW ON OUT. SO THE DRAINAGE IS REALLY NOT A FLOW. IT'S REALLY A NON-ISSUE. THAT LITTLE DITCH HAS BEEN THERE SINCE PAVEMENT, YOU KNOW, I MEAN, COME ON. YEAH. WELL, AND IT'S PRETTY CLOSE TO THE DETENTION POND TOO. DID YOU NOTICE THAT? I I, I DID. I, MY CONCERN IS FOR THE RESIDENTS TO THE EAST THERE, AND IF THE WATER ENDS UP, YOU KNOW, FLOWING INTO THEIR PROPERTY AND CAUSING PROBLEMS, WATER ENDS UP IN MY LAYMAN'S VERNACULAR IF IT ENDS UP OVER THERE, IS BECAUSE THE CITY'S CULVERT WAS NOT ENOUGH. SO YOU CAN TALK TO THE CITY ABOUT, YOU KNOW, I GOT ALL THESE WELL, WELL, WE, WE CAN ALSO ARGUE THAT THIS PROPOSED TRICKLE CHANNEL, WE CAN ALSO ARGUE THAT THE PROPOSED TRICKLE CHANNEL, YOU KNOW, IS, IS MEANT TO, TO MITIGATE THAT, THAT YEAH. AND THAT AS WELL. WELL, YOU KNOW, LOOK AROUND. I, I SENT, I SENT THESE PEOPLE PICTURES OF OVER AND LOCK IT OVER IN BUTTA. I MEAN, THESE THINGS ARE NOT TENDED. THEY GOT WEEDS AND CRAP GROWING ALL IN THEM. THEY GOT AFFECTED MUD FLOWS IN 'EM. AND I MEAN, THEY'RE NOT THE MAGIC BULLET FOR THIS THING. THEY ARE AN IMPEDIMENT TO THIS THING. MR. HALL, YOU'VE BEEN GUY USED TO BE REALLY GOOD FRIENDS WITH THE DEVELOPED, UH, JOHN ANDERSON. AND HE SAID, DON'T PUT THAT STUFF IN THERE. LET THE LAND ABSORB WHAT THE LAND NEEDS TO ABSORB. NOW YOU, THIS IS AN IMPEDIMENT TO THAT. AND IF YOU LOOK AROUND, FIND ME SOME TRICKLE CHANNELS, WHY AM I BEING PICKED ON TO HAVE TRICKLE CHANNELS FIND ME ONE, I GIVE, I GIVE YOU A HUNDRED DOLLARS TO GO FIND ME A TRICKLE CHANNEL. WELL, I KNOW WHERE ONE'S AT. . HUNDRED DOLLARS HUNDRED BUCKS. YOU, YOU'VE BEEN, YOU'VE BEEN A, A PHENOMENAL MEN MEMBER OF THIS COMMUNITY FOR A LONG TIME. YOU'VE BEEN A GREAT BUSINESS OWNER OF, I, I THINK I FIRST MET YOU RIGHT BEFORE, UH, RIGHT BEFORE COVID. SO IT'S, IT IS BEEN A MINUTE AND, AND WE WANT TO HELP YOU. I PROMISE. WE'RE NOT TRYING TO BE ADVERSARIAL. I'M JUST, UH, THERE, THERE'S SOMETHING I'VE LEARNED IN THIS ROLE, AND IT'S SOMETHING TRICK CHANNELS. YOU'LL BE CALLED THE, THE LAW OF UNINTENDED CONSEQUENCES. AND I DON'T WANT, UH, FOR, FOR OVERLOOKING SOMETHING AND NOT HAVING THE CONVERSATION THERE TO BE SOMETHING DETRIMENTAL HAPPEN TO SOMEBODY ELSE DOWN THE LINE THAT ARGUABLY IS IN LESS OF A FINANCIAL POSITION TO BE ABLE TO SUSTAIN ANYTHING CATASTROPHIC. UH, WELL, I'M NOT AN ENGINEER. MATTER OF FACT, I'M NOT NEARLY AS SMART AS MY MAMA WANTED ME TO BE . BUT I CANNOT SEE WITHIN THE EXPANSE OF MY 73 YEARS ON THIS PLANET AND THE HOUSES I'VE BUILT AND THE SUBDIVISIONS I'VE BUILT ANY NEED WHATSOEVER FOR A TRICKLE CHANNEL AND THAT POSITION. AND THEY'RE NOT PUTTING HIM ALONG ANY OF THE OTHER STREETS. SO I, I DO FEEL, FORGIVE ME FOR GETTING OUT THE VIOLIN HERE, BUT I FEEL LIKE I'VE BEEN PICKED ON HERE, PICKED ON, PICKED ON. YOU UNDERSTAND THAT? ALL RIGHT, I'M GONNA GO AHEAD AND MAKE A MOTION TO APPROVE, TO WAIVE THE REQUIREMENT FOR A TICK A TRICKLE CHANNEL. SECOND, I, IN THAT MOTION INCLUDED, I'M GONNA ASK THESE, ALL THESE FINDINGS INDIVIDUALLY AND HAVE COUNSEL PROPOSE SOME LANGUAGE THAT WE CAN PUT IN FOR THE MINUTES. THANK YOU. SO, C ONE, THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS EFFECT AFFECTING THE LAND INVOLVED, SUCH THAT THE STRICT APPLICATION OF THE PROVISIONS OF THIS CHAPTER, BUT OF A SUBSTANTIAL ADVERSE IMPACT ON THE APPLICANT'S REASONABLE USEABLE HAND. CAN WE NAME SOME SPECIAL CIRCUMSTANCES OR CONDITIONS THAT WE, THE AVOIDANCE UNNECESSARY [04:05:01] WASTE? TYPICALLY WE WOULD LOOK AT, YOU KNOW, SIZE OF THE PROPERTY, OTHER, OTHER CHANGES BEING MADE THAT WILL HANDLE THE THE WATER. WE WANNA MAKE SURE THAT WE'RE EXPLAINING WHY IT IS THAT THIS PROPERTY DOESN'T HAVE TO COMPLY WITH THE CODE, BUT OTHER PROPERTIES AND KYLE DO, COULD WE SAVE BECAUSE WE HAVE IT BUILT ALONG BETTER. SO, MR. HALL, CAN I PLEASE HAVE, I, I JUST NEED YOU TO BE, CAN I HAVE YOU SIT DOWN FOR A LITTLE BIT, PLEASE? THANK YOU. I JUST WANNA, I WANNA GET THROUGH THIS AGENDA ITEM AND, AND COUNCIL MEMBER SATO WAS SPEAKING. UM, COULD WE SAY THAT IT'S BECAUSE WE HAVE YET TO FULLY UNDERGO THE CONSTRUCTION ON VETERANS DRIVE, WHICH THEREFORE CREATES AN UNKNOWN THAT MIGHT BE A SPECIAL CIRCUMSTANCE. YES. I THINK WE COULD LIST DUE TO CONSTRUCTION, THE AREA RELATED TO CITY PROJECTS AND, AND ALSO, YOU KNOW, THE DETENTION POND THAT'S ALSO THERE, THERE, THERE ARE THINGS WE CAN LIST. I JUST WANNA MAKE SURE WE HAVE THEM IN THE MINUTES. I THINK THE DEPEN THE DETENTION POND IS PROBABLY THE STRONGER ONE BECAUSE AT LEAST IT'S GOING TO CATCH A LOT OF THE RUNOFF THAT WOULD OCCUR FROM THE OFFICE BUILDING. AND THEN THE RUNOFF FROM THE PARKING LOT WOULD SEND TO A GRAVITATE TOWARDS THE TRICKLE CHANNEL. UH, THAT'S GONNA BE BUILT BY THE CITY. IS THAT GOOD ENOUGH? I THINK SO. I NEED TO MAKE SURE. UM, SO THEN THE, THE NE I WAS CHATTING WITH LEON, IF, IF YOU'RE LOOKING FOR AN EXCEPTION, UM, TRICKLE CHANNELS IN, IN THIS INSTANCE, IT'S OUR MINIMUM REQUIREMENT, BUT IT WOULD NOT CREATE A LIFE SAFETY ISSUE. NOW COULD CREATE PONDING AND STAGNATION AND MOSQUITOES AND OTHER, THAT'S MY SECOND POINT. SO THERE YOU GO. FINDING NUMBER TWO, THE EXCEPTION WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE OR INJURIOUS TO OTHER PROPERTY IN THE AREA. LEON LEON'S GOOD WITH THAT FINDING. OKAY. WE, WE WILL INCLUDE THAT FINDING IN THE MOTION AND THEN THAT GRANTING THE EXCEPTION WILL NOT HAVE THE EFFECT OF PREVENTING THE ORALLY SUBDIVIDING OF OTHER LAND IN THE AREA IN ACCORDANCE OF THIS PROVISIONS OF THIS CHAPTER. AGAIN, I THINK I'M GOOD WITH MAKING THAT FINDING 'CAUSE IT ONLY IMPACTS THIS PROPERTY. SO IT'S NOT GOING TO IMPACT THE PROPERTY NEXT DOOR OF, I I DON'T IMAGINE A WHOLE LOT OF DEVELOPMENT GOING ON. RIGHT, RIGHT. IN ANYTIME SOON. I BELIEVE THAT THE P AND Z FOUND THAT THAT EXCEPTION APPLIED TO PRETTY MUCH EVERY ONE OF THEM, BUT THAT THE OTHER TWO MAYBE DID NOT. SO IT SOUNDS LIKE WE'VE COME UP WITH REASONINGS THAT WE CAN MOST OF THE MINUTES AND WE HAVE A MOTION TO SECOND ON THE FLOOR. THANK YOU MAYOR. ALRIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? OKAY, THAT MOTION PASSES. SEVEN ZERO. UM, NEXT WE HAVE, UH, TO ELIMINATE INSTALLATION OF NEW SIDEWALKS ALONG VETERANS, UM, THAT WAS APPROVED BY, UM, PNC FIVE TO ZERO. THAT'S CORRECT. THE PNZ UM, MADE THE FINDING THAT BECAUSE OF THE EXISTING SIDEWALK THERE WERE SPECIAL CIRCUMSTANCES AND CONS, AIR CONDITIONS AFFECTING THE LAND. AND THAT BECAUSE OF THE EXISTING SET SIDEWALK, THE GRANTING WOULD NOT BE DETRIMENTAL TO THE PUBLIC HEALTH OR SAFETY OR WELFARE INJURIOUS TO THE PROPERTY. AND AGAIN, IT WOULD NOT IMPACT THE SUBDIVISION OF OTHER PROPERTY. OKAY. SO WITH THIS, I WOULD LIKE TO MAKE A MOTION TO APPROVE, TO ELIMINATE THE INSTALLATION OF NEW SIDEWALKS ALONG VETERANS DRIVE. SECOND. SECOND. OKAY. I HAVE A MOTION BY MYSELF A SECOND BY COUNCIL MEMBER GZA. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. I HAVE A QUESTION. ARE YOU SAYING I HAVE TO PUT NEW SIDEWALKS ALONG VETERANS DRIVE? NO, NO, NO, NO. YOU'RE GOOD. JUST THE OPPOSITE. , WE'RE AGREEING WITH P AND Z. YEAH, WE'RE SAYING THE OPPOSITE. SO UP NEXT. AND SO, SO ITEM 13 E. NOW, UH, IT LOOKS LIKE P AND Z APPROVED, UH, TO ELIMINATE THE SIDEWALKS ALONG BARBIE STREET FROM WOOD STREET TO VETERANS DRIVE. UM, I'D LIKE TO MAKE A MOTION TO ALSO APPROVE, TO ELIMINATE SIDEWALKS ALONG BARBIE STREET FROM WOOD STREET TO VETERANS DRIVE. SECOND. OKAY. AND THEN THE P AND Z ON THAT ONE, THE FINDINGS THAT WERE MADE WERE THAT BECAUSE OF THE CLOSURE OF BARBIE STREET, THAT IS A SPECIAL CIRCUMSTANCE THAT APPLIES TO THIS PROPERTY. UM, AND THE EXCEPTION WOULD NOT BE DETRIMENTAL PUBLIC HEALTH AND SAFETY OR WELFARE INJURIOUS TO OTHER PROPERTY IN THE AREA BECAUSE AGAIN, THAT ROAD IS GOING TO CLOSE. SO THERE IS PEDESTRIAN ACCESS THERE AND IT WOULD NOT IMPACT THE SUBDIVISION OF ANY OTHER LAND. OKAY. SO I HAVE A MOTION BY MYSELF, SECOND BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. YOU DO HAVE TO . UM, COULD YOU CLARIFY YOUR, YOUR ACTION THERE? MM-HMM. SURE. AFTER 11, YOU'RE GOOD. WE'RE SAYING THAT WE ARE PROVING THAT WE, YOU ARE GONNA ELIMINATE THE SIDEWALKS ALONG BARBIE. SO WE AGREE WITH B AND Z. SO THOSE SIDEWALKS ARE NOT GONNA BE REQUIRED. THANK YOU. YOU'RE WELCOME. OKAY, UP NEXT WE HAVE, UM, A REQUEST TO WAVE SIDEWALKS, CROSSINGS OVER DRAINAGE TO DITCHES. I WISH I HAD A PICTURE TO SEE WHAT THAT LOOKED LIKE. THIS IS VERY FOREIGN TO ME. AND SO, UM, SO THIS ONE, LET ME, LET ME TRY AND WALK YOU THROUGH, SORRY, I'M GONNA USE MY HANDS A LITTLE BIT. UM, PEOPLE CAN SEE, UH, BUT YOU HAVE YOUR EXISTING SIDEWALK COMING DOWN BLANCO STREET, UM, HERE, BUT YOU HAVE THE DRAINAGE DITCH COMING FROM BARBIE HERE. WHEN THESE SIDEWALKS GET CONSTRUCTION CONSTRUCTED, THERE'S NO CROSSING THAT DITCH. SO HE WAS WANTING TO WAVE THAT QUOTE UNQUOTE PEDESTRIAN BRIDGE. [04:10:01] UM, SO THAT HAS TO BE SPANNED ACROSS THAT DITCH FOR THE PERSON TO CONTINUE DOWN THE SIDEWALK WHEN THE SIDEWALKS CONNECT. 'CAUSE IF NOT, THEY WOULD JUST BE SIDEWALKS JUST ON HIS PROPERTY. UM, SO YOU'D COME UP VETERANS AND YOU'D GO DOWN AND THEN YOU'D GET TO THE END OF THE SIDEWALK AND THERE'D JUST BE A BIG TRAIN. I CAN'T IMAGINE THAT'S A DA COMPLIANT. NO, MA'AM. AND HOW YOU GOT A LOT OF KIDS WALKING THROUGH THERE TOO RIGHT NOW? YES. UH, I MEAN, I I WILL SAY THAT THE CONNECTION, THERE IS NO CONNECTION RIGHT NOW. UM, BUT IF YOU WERE TO WAIVE THAT, THEN THAT WOULD, THAT WOULD REQUIRE THE CITY TO COME BACK AT A FUTURE. UH, EITHER CIP PROJECT OR HAVING TO AMEND CURRENT PLANS. AND I'M NOT SURE WHAT THE STATUS IS OF THOSE ROADWAY IMPROVEMENTS THERE FOR THE SCHOOL DISTRICT. CAN YOU GUESSTIMATE HOW BIG THAT IS ON THE WIDTH OF THAT? THAT, YEAH, LIKE HOW MUCH DOES, WILL NEED TO BE COVERED? AND IS IT GONNA BE, IS IT GONNA BE LIKE, I KNOW OVER HERE DOWNTOWN THERE'S LIKE SOME METAL BARS THAT GO OVER LIKE A DRAINAGE. WHAT, WHAT IS THIS GONNA LOOK LIKE? WHAT IS THE SIDEWALK CROSSINGS OVER THE CROSSING OVER THAT CULPRIT? THERE GONNA BE FIVE FEET WIDE. WE STICK WITH THAT WIDTH, BUT THESE COULD BE 7, 8, 9 FEET, MAYBE JOHN LENGTH, LENGTH OF THE BRIDGE. , UH, I'M GONNA GUESS 14 FEET BETWEEN SEVEN AND 14. SO THERE'LL JUST BE LIKE A DITCH THAT'S EMPTY. YEAH. THAT, THAT'S HIS DRAINAGE DITCH. SO THE, THE SIDEWALK'S GONNA COME UP AND THEN IT'S JUST GONNA FALL OFF. SO THAT'S WHY WE'RE REQUESTING THAT HE MAKE THAT CONNECTION. NOW ONCE IT CROSSES THE BRIDGE, THERE'S NO CONNECTION BUT THERE'S ROAD YOU CAN GO IN. UH, DID WE NOT JUST WAVE, DIDN'T WE JUST WAVE THOSE SIDEWALKS THOUGH? SO NOW THESE ARE DIFFERENT SIDEWALKS. THESE ARE THE SIDEWALKS THAT WERE NOT IN THE WAIVER SECTION. YEAH. SO IF YOU, UH, LOOK AT THIS IMAGE, UH, CAN I SEE MY, UM, YOU KNOW, WHAT REFUND I'M, I'M TRYING TO NEGOTIATE. SO HERE'S THE DEAL, MR. HALL, IF WE ALLOW YOU TO REDUCE THE MINIMUM SIDEWALK WITH FROM FOUR FIVE FEET TO FOUR FEET, WOULD YOU BE WILLING TO BUILD THE SIDEWALK CROSSING OVER THE DRAINAGE DITCH? WELL, I'M DOING THAT. UH, YES, I'M DOING THAT. BUT AGAIN, I'M IN RELIANCE ON THE LETTER I RECEIVED FROM THE CITY DATED, UH, 19TH. YEAH, ANSWER. MY WIFE SAYS, JUST ANSWER THE QUESTION. , YOU'RE GETTING, WHAT DOES, WHAT DOES COUNCIL THINK ABOUT THAT? I THINK IF, BECAUSE FOUR FEET IS AADA A COMPLIANCE STILL, RIGHT? YES. UM, OKAY, SO IF, BUT THAT'S PROBABLY, I DON'T KNOW HOW THAT'S GONNA LOOK WITH THE OTHER SIDEWALKS 'CAUSE I'M SURE WE'RE GONNA GET NEWER ONES. BUT IF HE'S WILLING TO, TO DO THE SIDEWALKS OVER THE, THE DRAINAGE DISHES AND WE'RE WILLING TO DO THE FOUR FEET, I THINK THAT'S A GOOD MEDIUM. I MEAN, IF YOU WERE LOOKING FOR A SPECIFIC FINDING, UM, WHAT SHAPE MIGHT BE SOMETHING YOU COULD POINT TO ON THIS ONE? THIS IS A TRIANGULAR LOT. UH, IT'S KIND OF RARE IN DEVELOPMENT WORLDS. UM, WHAT DO YOU THINK, AMY? WHAT SHAPE? MAYBE? I THINK AS LONG AS COUNSEL IS COMFORTABLE MAKING A, FINDING THAT SPECIAL CIRCUMSTANCES OR CONDITIONS EXIST, I DO AGREE THAT THIS IS AN ODDLY SHAPED LOT. AND MY GUESS IS THAT FIVE FOOT SIDEWALKS TAKE MORE OF THE BUILDABLE AND USABLE AREA AND WITH THE DITCH NEXT TO IT THAT THAT COULD AFFECT. SO THAT MAY BE ONE OF YOUR, IS THIS AREA AT ALL PART OF THE VIBE? UH, NO MA'AM. OKAY. 'CAUSE I DO NOT WANNA GET IN TROUBLE. . NO, I MEAN, MOST OF, MOST OF THE EXISTING SIDEWALKS, UH, VETERANS HAS, UM, WE DO HAVE SOME WIDER SIDEWALKS IN SOME AREAS WHERE WE'VE SEEN NEW DEVELOPMENT, BUT MOST OF VETERANS, THAT EXISTING SIDEWALK HAS BEEN AROUND FOR, UH, AT LEAST 2007. AND THAT MIGHT BE ANOTHER SPECIAL CIRCUMSTANCE OR CONDITION THAT IT, IT IT WAS THE FOUR FOOT MATCH WHAT'S EXISTING IN THE AREA? YES, MA'AM. SO THAT THE FOUR FOOT MATCH IS WHAT'S EXISTING IN THE AREA. CURRENT. OKAY. SO I'M GONNA COME JUST SO YOU CAN BUILD A LITTLE BIT OF TRUST. I'M GONNA GO TO G AND I'M GOING TO APPROVE TO REDUCE THE MINIMUM, I'M GONNA MAKE A MOTION TO REDUCE THE MINIMUM SIDEWALK WIDTH FROM FIVE FEET TO FOUR FEET SECOND. OKAY? SO THAT'S A MOTION. OKAY. SO THEN THIS, THEY'RE MAKING THE, FINDING THEIR SPECIAL CIRCUMSTANCES BECAUSE THESE MATCH THE SIDEWALKS IN THE AREA AND THE SHAPE OF THE LOT IS UNUSUAL. YES. SO, AND THEN WE DON'T BELIEVE THAT THE GRANTING OF THIS EXCEPTION WILL BE DETRIMENTAL TO PUBLIC HEALTH AND SAFETY OR WELFARE INJURIES TO OTHER PROPERTY BECAUSE AGAIN, IT MEETS WITH WHAT'S IN THE AREA. AND THERE IS NOTHING TO SUGGEST THAT THIS WOULD PREVENT THE ORDERLY SUBDIVIDING OF OTHER LAND IN THE AREA. JUST WANNA MAKE SURE THAT'S ON THE RECORD. THANK YOU. ALL [04:15:01] RIGHT. SO, UM, I GOT A MOTION BY MYSELF AND I SKIPPED F SO WE'RE GONNA COME BACK. I DID THAT. SO YOU CAN KNOW THAT WE ARE GOING TO DENY, BUT BEFORE WE DO THAT, WE'RE GONNA APPROVE, I WANT TO APPROVE THE WIDTH SO YOU'RE COMFORTABLE WITH THAT. AND THEN YOU SAID YOU WOULD BUILD THE SIDEWALK OVER THE DITCH. SIDEWALK OVER THE DITCH. OKAY. ALL RIGHT. . ALRIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. UM, I OPPOSE. MOTION PASSES. SEVEN ZERO. OKAY, SO THEN I'M GONNA GO BACK TO F 'CAUSE YOU AGREE TO MAKE THE SIDE THE COUNTRY SONG SIDEWALK OVER THE DITCH. SO I'M GONNA MAKE A MOTION TO DENY TO WAIVE SIDEWALK CROSSING OVER DRAINAGE DITCHES. SECOND. ALL RIGHT. I GOT A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MCKENNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES SEAT ZERO. NO, MAYOR, DON'T HATE ME. A MOTION TO APPROVE THE RESOLUTION BASED ON ALL THESE AMENDMENTS. YOU'VE, OKAY. I WOULD LIKE TO MAKE A MOTION TO APPROVE THE RESOLUTION ACCORDING TO THE AS, AS AMENDED BY COUNSEL. AS AMENDED BY COUNSEL. SECOND. ALL RIGHT. ME AND MCKINNEY ARE ON IT. I GOT A MOTION BY MYSELF AND A SECOND BY MCKINNEY. ALL IN FAVOR SAY AYE. A AYE. UH, ALL OPPOSED. MOTION PASSES. SEVEN ZERO. YOU'RE GOOD. THANK YOU COUNSEL. I APPRECIATE YOU. YES. LETTING ME TRY AND WALK YOU THROUGH THAT. WE APPRECIATE IT. AND I'M SORRY THAT WAS SO COMPLICATED. UM, THANK YOU. THANK YOU MR. ROB. AND, AND WHENEVER YOU'RE READY TO OPEN, LET US KNOW. WE'LL DO A RIBBON CUTTING. GET SOME CAKE. HAVE A GOOD TIME. YES SIR. ALL ARE FUN GROUP. NO IT UP. THANK YOU SO MUCH. ALRIGHT, WE'RE AGENDA ITEM 14. [14) (Second Reading) Consider approval of an Ordinance amending Section 23-60 of the City of Kyle Code of Ordinances to revise the allowable construction hours for construction activities within 600 feet of occupied residential structures. City Council voted 6-0 to approve on first reading on 6/16/2026, with amendments discussed for second reading.] CONSIDER AN APPROVAL, CONSIDER APPROVAL OF AN ORDINANCE AMENDING SECTIONS 23 DASH SIX ZERO OF THE CITY OF KYLE CODE OF ORDINANCES TO REVISE THE ALLOWABLE CONSTRUCTION HOURS FOR CONSTRUCTION ACTIVITIES WITHIN 600 FEET OF OCCUPIED RESIDENTIAL STRUCTURES THIS PAST THE FIRST TIME, SIX ZERO ON ON JUNE 16TH. SECOND READING, THIS IS THE SECOND READING. YEAH. UM, ITEM PRESENTER, KELLY STILLWELL. GOOD EVENING MAYOR AND COUNSEL. OKAY, I'M, HERE'S FOR THE, UH, SECOND READING OF OUR AMENDING ARTICLE FOUR SECTION 2360 TO PROVIDE RE UH, TO PROVIDE REASONABLE CONSTRUCTION HOURS. SO BASED ON COUNCIL DIRECTIONS, STAFF REVIEWED POTENTIAL OPTIONS TO SUPPORT REESE'S RESPONSIBLE DEVELOPMENT WHILE RESPECTING THE QUALITY OF LIFE RESIDENTS LIVING NEAR ACTIVE CONSTRUCTION ZONES AS DIRECTED DURING THE FIRST READING OF THE PROPOSED AMENDMENT, STAFF FOCUSED ON POSSIBLE REVISIONS TO THE CITY'S EXISTING ORDINANCES RELATED TO CONSTRUCTION AND NOISE LIMITATIONS AND ALLOWABLE CONSTRUCTION HOURS. STAFF REVIEWED PEER CITY POLICIES AND PROCEDURES, CONSULTED WITH INTERNAL DEPARTMENTS AND EVALUATED COMMON CONSTRUCTION EQUIPMENT NOISE LEVELS, INCLUDING HOW DISCIPLINE LEVELS ARE MEASURED AND ENFORCED. SO WE HAVE A LIST OF, UH, SEVERAL COMMON CONSTRUCTION EQUIPMENT HERE. JUST TO GIVE AN EXAMPLE OF THE TYPES OF NOISE LEVELS THEY PRODUCE. UH, BACK, UH, BACKHOE IS NOT 84 TO 93. YOUR AVERAGE LAWNMOWER IS 85 TO 95. UM, THE MICRO-TRENCHING, WHICH WE HAVE WITH THE GOOGLE GOOGLE FIBER IS 95 TO 120. SO YOU CAN SEE THERE'S A WIDE RANGE OF DECIBEL LEVELS THERE TO CONTEND WITH. AND IT WAS VERY DIFFICULT FOR US TO FIND A, A LEVEL TO WHICH CONTAIN THAT. TWO. AND THERE WAS ALSO A CONCERN ON BEHALF OF EXPRESS TEST BY CHIEF BARNETT AND MEMBERS OF PUBLIC WORKS WITH THE EQUIPMENT THAT THEY USE AND HOW IT COULD, YOU KNOW, WE COULD ESSENTIALLY ELIMINATE SOME COMMON COMMONLY USED CONSTRUCTION EQUIPMENT. AND SO CURRENTLY THE, THE ARTICLE, ARTICLE FOUR SECTION 23 6 23 60 LIMITS CONSTRUCTION ACTIVITY WITHIN 600 FEET OF OCCUPIED RESIDENTIAL STRUCTURES TO THE HOURS OF 7:00 AM AND 9:00 PM BASED ON PEER CITY VIEWS AND COUNCIL'S DESIRE TO AMEND CONSTRUCTION HOURS, STAFF IS RECOMMENDING CHAPTER, UH, RECOMMENDS AMENDING CHAPTER 23 ARTICLE, ARTICLE FOUR, SECTION 2360 OF THE CITY CODE LIMIT CONSTRUCTION 7:00 AM TO 7:00 PM STAFF IS NOT RECOMMENDING A SPECIFIC NOISE LEVEL LIMITATION DUE TO ENFORCEMENT CONCERNS AND THE POTENTIAL OF INADVERTENTLY PROHIBITING THE USE OF COMMON INSTRUCTION CONSTRUCTION EQUIPMENT. SO THIS IS THE, UH, I THINK, UH, COUNCILMAN ZAPATA ASKED FOR SOME, SOME OSHA INFORMATION. SO THIS IS WHAT WE COULD FIND. I THINK YOUR QUESTION WAS GEARED TOWARD WHERE THAT SOUND WAS TAKEN FROM AND I COULDN'T FIND ANYTHING SPECIFICALLY RELATED TO THAT. BUT THIS IS WHAT I DID COME UP WITH. UH, THESE ARE THE PERMI PERMISSIBLE EXPOSURE LIMITS, THE LIMITS, UH, WITHOUT HEARING PROTECTION. AS YOU CAN SEE, AS THEY GET, AS THEY GET HIGHER, THE THE TIME DECREASES SIGNIFICANTLY. UH, OSHA DOES ENFORCE DECIBEL LIMITS BY MEASURING A WORK WORKER'S TIME WEIGHTED AVERAGE OVER AN EIGHT HOUR SHIFT USING A FIVE DECIBEL EXCHANGE RATE. RATHER THAN ISSUING BLANKET SOUND BANDS. OSHA REQUIRES EMPLOYEES TO IMPLEMENT SAFE ESCALATING SAFETY MEASURES AS NOISE VOLUMES [04:20:01] ARISE. SO THE OPTIONS ARE, WE APPROVE THE ORDINANCE AS WRITTEN TO REDUCE ALLOWABLE CONSTRUCTION HOURS FROM 7:00 AM TO 7:00 PM APPROVE THE ORDINANCE WITH MODIFICATIONS, DENY THE PROPOSED ORDINANCE AND LEAVE THE ORDINANCES AS WRITTEN TO CONTINUE TO ALLOW CONSTRUCTION ACTIVITY UNTIL 9:00 PM WITHOUT NOISE LIMITATION PARAMETERS. UH, STAFF DOES RECOMMEND THE APPROVAL OF THE PROPOSED ORDINANCE IS WRITTEN TO MODIFY ALLOWABLE CONSTRUCTION HOURS FROM 7:00 AM SAM FROM 7:00 AM TO 7:00 PM WITHIN 600 FEET OF OCCUPIED RESIDENTIAL DWELLINGS. YOU GUYS ARE GONNA HATE ME TODAY, BUT THAT, THAT IS A MOTION TO APPROVE THE ORDINANCE ON SECOND READING AS AMENDED AND PRESENTED AT SECOND READING. 'CAUSE IF WE APPROVE IT THE WAY IT WAS BEFORE ON SECOND READING, IT WOULD NOT MATCH THIS WAIT THAN LAST LET'S YEAH. TO APPROVE ON SECOND READING AS WITH AS AMEND WITH THE AMENDMENTS PRESENTED BY CAMP STAFF. YEAH. GOTCHA. OKAY. AND WE'RE NOT GONNA DO, THE NOISE WOULD BE JUST KIND OF HARD TO GO OUT AND MONITOR. IS THAT WHAT YOU'RE SAYING? WE'VE, WE GOT, WE GOT SOME, A LOT OF PUSHBACK FROM PUBLIC WORKS. UH, CHRIS ALL REACHED OUT TO ME DIRECTLY. THEY ACTUALLY TOOK SOME RECORDINGS WITH THEIR DECIBEL EQUIPMENTS THAT ILLUSTRATED THEY CAN'T DO WHAT THEY NEED TO DO IF WE PUT A DECIBEL LIMIT ON THIS ORDINANCE. CHIEF BARNETT CAME TO ME DIRECTLY AND SAID, THIS IS VERY DIFFICULT FOR US TO DO. ESSENTIALLY WHAT WE'RE GONNA DO IS WE'RE GONNA HAVE COPS GOING OUT AND WRITING TICKET PEOPLE TICKETS FOR CUTTING THEIR GRASS. OKAY. SO WHAT IS GONNA BE THE LIMIT? LIKE HOW DO WE KNOW? WELL, THAT'S KIND OF WHAT WE'RE RECOMMENDING IS WE'RE, WE'RE RECOMMENDING THAT WE DON'T SET A LIMIT ON IT. WE REVIEWED THE PEER CITIES AND SOME OF THEIR LIMITS WERE IN THE 50 TO 60 DECIBEL LIMIT RANGE, WHICH IS VIRTUALLY IMPOSSIBLE TO ENFORCE. AND WE COULDN'T REALLY FIND ANY CITY THAT HAD A STANDARD THAT WE THOUGHT WOULD CAPTURE WHATEVER WE WANT, WHAT WE WANTED TO CAPTURE AND STILL ALLOW CITY STAFF AND GENERAL CONSTRUCTION TO CONTINUE TO HAPPEN. SO THEY CAN BE AS LOUD AS THEY WANT FROM SEVEN TO SEVEN FOR CONSTRUCTION ACTIVITY. FOR CONSTRUCTION ACTIVITY. SO IF THERE'S, UM, A NUISANCE NOISE, UM, THERE IS A RESTRICTION TO THE DECIBEL LEVEL THAT THOSE CAN, UM, THOSE CAN REACH SO LOUD MUSIC. UM, YOU KNOW, I I WAS THINKING, UH, LOUD MUSIC COMING FROM CARS, LOUD MUSIC COMING FROM DOWNTOWN, THINGS OF THAT NATURE. RIGHT. THAT WOULD BE CONSIDERED LIKE A NUISANCE. UM, BUT REGULAR CONSTRUCTION ACTIVITY WOULD NOT BE LIMITED. OKAY. IN THIS PROPOSAL, MAY IT PROVE HIM TO BE A OKAY. SOMETHING TO CONSIDER WHEN WE'RE GONNA BE DOING OUR ROADS. 'CAUSE A LOT OF THESE ROAD CONSTRUCTIONS MIGHT WANNA START IN THE EVENING, UH, VERSUS DURING THE DAY. SO LET'S BE MINDFUL, WE'RE GONNA TELL THESE PEOPLE WE'RE GONNA, YOU STOP AT 7:00 PM AND LET'S SAY THEY GOTTA GO AND PA THE STREET AND THEY GOTTA START AT A SPECIFIC HOUR 'CAUSE IT GETS HOT DURING THE DAY. SO WE BE MINDFUL ABOUT THAT, ESPECIALLY WITH THE NEWQUEST DEVELOPMENT THAT'S COMING AROUND THE CORNER. THEY'RE GONNA START BUILDING RIGHT OVER THERE. AND I KNOW SOME OF THOSE CONSTRUCTIONS WHEN I'M DRIVING TO AUSTIN, SOMETIMES THREE, FOUR IN THE MORNING, THEY'RE UP THERE POURING CONCRETE. THEY'RE UP THERE WITH THEIR TRUCKS AND THEY'RE GONNA BE RIGHT NEAR, UM, SOME OF THESE LAKESIDE, UH, AREAS WHERE THE MOBILE HOMES ARE AT. UM, SO SOMETHING THAT WE WE'RE GONNA NEED TO CONSIDER IF WE ARE GONNA GO AND TELL EVERYBODY TO SHUT IT OFF AT SEVEN AND YOU CAN ONLY START AT SEVEN, WHICH IS TRUE. 'CAUSE THERE'S A LOT OF LAWNMOWERS THAT TRUST ME ON YOUR DAYS OFF ON SUNDAY , THEY START UP AT SEVEN O'CLOCK AND THEY KNOW RIGHT? ALL THESE COME, YOU HEAR THE, THE, UH, THE LAWNMOWERS AND THE AIR BLOWERS GOING OFF. BUT, UM, I THINK WE MIGHT GET INTO THAT SITUATION WHEN WE START THESE ROAD CONSTRUCTIONS TO WHERE WE MIGHT HAVE THEM SAY, HEY LOOK, WE'RE GOING TO, INSTEAD OF SHUTTING DOWN DURING THE MIDDLE OF THE DAY, WE'RE GONNA WANNA REQUEST TO DO SOME WORK IN THE EVENING. SO THAT WOULD BE A CONSIDERATION, CORRECT? YES SIR. AND ANY OF THOSE REQUESTS MUST COME TO THE CITY COUNCIL FOR APPROVAL. SO THEY HAVE TO REQUEST AHEAD OF TIME, EVEN OUR OWN CONSTRUCTION PRO PROJECTS, WE WOULD NEED TO BRING TO YOU ALL FOR A CONSIDERATION OF A VARIANCE TO THIS RULE. I BELIEVE LAYMAN DID THAT ONE TIME. REMEMBER THEY WERE BUILDING THEIR NEW STATE OR THEIR, THEIR, UH, FAX CENTER THAT THEY HAVE NOW. YES. THEY REQUESTED TO, TO GO. OH, THE BASEBALL FIELD. I'M SORRY. THIS IS A BASEBALL FIELD. YES, TO GO TILL NINE O'CLOCK. ALL RIGHT. COUNCIL MEMBER HARRIS. YEAH. UM, THIS IS RELATED TO RESIDENTIAL, NOT JUST IN GENERAL CONSTRUCTION 600 FEET, UM, FROM AN OCCUPIED RESIDENTIAL STRUCTURE. AND YOU KNOW, I THINK GOING PAST SEVEN OR EIGHT ON THIS IS GENERALLY UNCALLED FOR. I KNOW PEOPLE HAVE TO SLEEP . UM, AND THE CALLS THAT I HAVE GOTTEN RELATED TO NOISE OF CONSTRUCTION HAS ALWAYS BEEN [04:25:01] OUT WAY OFF THOSE HOURS. YOU KNOW, FOR INSTANCE, BY HOMETOWN, THE CONSTRUCTION OF THOSE HOUSES AND APARTMENTS OVER THERE, THEY WERE STARTING BEFORE DAYLIGHT, UM, AND GOING WAY LATE. UH, AND IT WAS REALLY INTERFERING WITH THE SLEEP FOR SOME OF THE RESIDENTS OVER THERE. SO I WOULD SAY THAT, UM, WE SHOULD LIMIT VARIANCES ON THAT. ANY OTHER DISCUSSION? UH, COUNCIL MEMBER MCKINNEY? UH, THIS, UH, ORDINANCE DEFINITELY HAS SOME, SOME POSITIVES. I THINK ONE THING WE NEED TO CONSIDER THOUGH IS, YOU KNOW, THE, THE UNINTENDED ALTERNATIVE, WE MIGHT BE SWAPPING ONE PROBLEM FOR ANOTHER, WHEREAS, UH, A ONE OR TWO DAY JOB MIGHT ALL OF A SUDDEN BECOME A TWO, THREE OR FOUR DAY JOB AND THEN, YOU KNOW, INSTEAD OF A RESIDENT BEING INCONVENIENCED BY SOME SOUND FOR A DAY OR TWO, ALL OF A SUDDEN NOW IT'S ALMOST AN ENTIRE WEEK. UH, AND LIKE I SAID, IT'S THE LAW OF AND UNINTENDED CONSEQUENCES. WE HAVE TO TRY AND THINK ABOUT THINGS THAT WE DON'T WANT, YOU KNOW, WOULDN'T TO TYPICALLY THINK ABOUT. SO THERE'S THE POSSIBILITY THAT THAT DOES END UP HAPPENING. WELL, THEY'RE STILL GONNA BE ABLE TO SLEEP EVEN FOR A DAY OR TWO. YOU KNOW, INTERRUPTING SOMEONE'S SLEEP IS A, IS A PROBLEM. OKAY. ANY OTHER DISCUSSION? COUNCIL MEMBER? ZAPATA? I DID GO SOMETHING . OH, COUNCIL MEMBER GZA. I WAS JUST GONNA COMMENT THAT THIS KIND OF CAME UP BECAUSE OF ALL OF THE CONSTRUCTION THAT'S BEEN GOING ON WITHIN PLUM CREEK. UH, THERE WAS A RESIDENT THAT REACHED OUT AND IT WAS LIKE, THIS HAS BEEN GOING ON FOR DAYS AND DAYS AND DAYS LIKE, AND THERE'S NO RESPITE. LIKE EVEN IN THE EVENINGS AT NINE O'CLOCK AT NIGHT, WE'RE HEARING THIS. AND SO IT'S LIKE, I KNOW WE HAVE TO GO THROUGH CONSTRUCTION, BUT CAN WE AT LEAST HAVE A PERIOD WHERE WE GET SOME BREAK? SO WHEN YOU LOOK AT IT AS WELL, IT'S EXTENDED OUT. THE, THE REALITY IS, IS THAT IT WAS AN EXTENDED CONSTRUCTION PROJECT THAT PROMPTED THIS IN THE FIRST PLACE. SO, UM, I THINK IT JUST KIND OF MAKES SENSE TO AT LEAST LIMIT IT TO THAT AND THEN REQUIRE WAIVERS AS NECESSARY. MM-HMM . I AGREE. COUNCIL MEMBER, I THINK I WORRY ABOUT WORKERS. I JUST, I DO, IT'S HOT AT 7:00 PM I MEAN, MY FRIENDS AND I ARE TRYING TO FIND A TIME TO GET TOGETHER TO BE ABLE TO GO ON LIKE WALKS ONCE A WEEK AND WE WERE LIKE, OKAY, SIX O'CLOCK, IT'S STILL LIKE 94 DEGREES OUT. WE DON'T WANNA GO THEN. AND SO WE'RE LIKE, OKAY, WHAT ABOUT SEVEN? WELL, IT'S STILL LIKE 90, 91 DEGREES, SO, AND WE'RE LIKE, WHOA, WE'RE GONNA GO WALK AT LIKE WHAT, 10:00 PM AT NIGHT, YOU KNOW, WHEN IT'S FINALLY COOLER. UM, AND SO I ACTUALLY WAS GOING TO SUGGEST THAT WE CHANGE IT FROM INSTEAD OF 9:00 PM UNTIL 8:00 PM UM, IN ORDER TO HELP ACCOMMODATE SOME OF THAT BECAUSE ON AVERAGE THE DEGREE, THE TEMPERATURE DEGREE DIFFERENCE BETWEEN 7:00 PM AND 8:00 PM IS ABOUT FIVE DEGREES. SO YOU'RE LOOKING AT FROM HAVING WORKERS WORK IN 91 DEGREE HEAT TO 86, YOU KNOW, 87 DEGREE HEAT AND UH, HEAT SAFETY IS INCREDIBLY IMPORTANT. UM, I THINK 8:00 PM IS STILL A PRETTY REASONABLE HOUR. IT'S NOT 9:00 PM I KNOW IT'S NOT AS EARLY AS 7:00 PM BUT I STILL FEEL LIKE THAT'S PRETTY REASONABLE. AND IF WE'RE ABLE TO HELP PROTECT THE PEOPLE WHO BUILD OUR ROADS, UM, SOMETIMES THAT INCLUDES LIKE OUR OWN STAFF . UM, I WANT TO MAKE SURE THAT WE'RE DOING AS MUCH AS WE CAN TO DO THAT. UM, AND I'M TRYING TO REMEMBER, BUT I'M PRETTY SURE THAT FOR EXAMPLE, WHEN IT CAME TO, UH, LIKE LARGER PROJECTS THAT THE CITY HAS, THE CITY OF AUSTIN HAS LIKE A COMPLETELY SEPARATE ORDINANCE REFLECTING THAT. AND I BELIEVE I HAD ASKED FOR, UM, DIFFERENT OPTIONS LIKE WHEN IT CAME TO HOW WE PRESENTED THIS AND MOVED FORWARD WITH THIS ORDINANCE. UM, BECAUSE FOR EXAMPLE, ALL OF OUR ROAD BOND PROJECTS THAT COME DOWN CENTER STREET OR OLD STAGE COACH, LIKE THE ONE THAT COMES DOWN, OLD STAGE COACH, LIKE MY HOUSE, LIKE BACKS RIGHT UP TO IT. UM, SO I I WANTING TO MAKE SURE THAT WE ALSO DO UNDERSTAND AND REALLY STRESS THAT WE'RE GOING TO BE HAVING TO HOPEFULLY MAKE SOME SORT OF, OF EXEMPTIONS FOR OUR ROAD BOND PROJECTS. UM, SO THAT WAY WE CAN GET THEM DONE ON TIME IN COST SAVINGS, YOU KNOW, MANNER, UM, IN A WAY THAT DOESN'T COMPLETELY CHANGE, UH, HOW SOMEONE'S GONNA HAVE TO TRAVEL THROUGHOUT THE DAY. UM, AND SO I GUESS THAT THAT WAS GOING TO ME, MY RECOMMENDATION IS [04:30:01] CHANGE IT FROM, INSTEAD OF 7:00 AM TO 7:00 PM GO FROM 7:00 AM TO 8:00 PM UM, REALLY, REALLY STRESSING THE HEAT SAFETY FACTOR BECAUSE IT IS BRUTAL. LIKE IT IS, IT IS INCREDIBLY BRUTAL OUT THERE. AND HEAT SAFETY KILLS ONE IN EVERY FOUR TEXANS A DAY. SO YEAH. ANY OTHER DISCUSSION? I MEAN, I THINK WE'VE GOT A BALANCE SAFETY OF EMPLOYEES WITH OUR RESIDENTS THAT WE OWE A DUTY TO. UM, IT'S HARD WHEN YOU HEAR, I I I THINK WE GOT A COUPLE EMAILS ABOUT THE GOOGLE AND EVEN DURING THE MIDDLE OF THE DAY THEY'RE LIKE, THIS IS LOUD AND IT MAKES IT REALLY HARD FOR ME TO WORK. AND I'M LIKE, I GET IT. UM, EVERYTHING COMES AT A COST, BUT THAT COST CAN'T CONSISTENTLY BE PLACED ONTO THE TAXPAYERS AT SOME POINT. WE'VE GOT TO PROTECT THEM AS WELL. UM, I DON'T KNOW IF I'M OKAY WITH MOVING IT BACK, YOU KNOW, I THINK 7:00 AM IS REALLY EARLY. UM, IF IT WERE UP TO ME IT WOULD BE LIKE EIGHT, BUT I'M WILLING TO DO 7:00 AM FOR THE HEAT REASONS. UM, WHAT IS, WHAT DO PEOPLE THINK ABOUT MOVING IT TO EIGHT O'CLOCK? I HAVE NO PROBLEM. I'M NOT OPPOSED TO IT. SO 8:00 PM BUT THAT'S VERY LATE FOR MOST PROJECTS TO START. YOU KNOW, THEY'VE GOT THEIR CREWS READY AT DAYLIGHT. NO, I'M TALKING ABOUT 8:00 PM DO WE WANT IT TO GO TO 8:00 PM LIKE COUNCIL MEMBER 7:00 AM TO 8:00 PM THAT'S WHAT I'M OKAY WITH THAT. OKAY. THE ONLY THING WITH THAT IS THEY'RE GONNA WORK THE WHOLE DAY. THEY'RE GONNA WORK AT WORKING AT SEVEN AND GOING ON TILL EIGHT. IT'S NOT GONNA REALLY MAKE A LOT OF DIFFERENCE. IT'S JUST THAT THEY MAY FINISH A DAY EARLIER. YEAH. I MEAN, THEY'RE GONNA BE WORKING THROUGH THE HEAT REGARDLESS. YEAH. IF IT'S 7:00 PM OR 7:00 AM THEY'RE WORKING THE AFTERNOON, THE HEAT OF THE DAY. UM, SO THEY'RE ALREADY IN THE HEAT. UM, IF I WERE A WORKER, I'D RATHER BE DONE AT SEVEN O'CLOCK, GET MY DAY DONE EARLY AND GO HOME COUNCIL MEMBER. ZA I JUST WANNA SAY WE HAVE SCHOOL, YOU KNOW, THREE QUARTERS OF THE YEAR AND SO THIS ORDINANCE APPLIES THROUGH THE YEAR. SO AT 8:00 PM EVEN THOUGH IT LIKE SEPTEMBER WHEN SCHOOL STARTS, SOME PARENTS ARE GETTING THEIR KIDS READY FOR BED AND HAVE THEM IN BED BY SEVEN 30. AND SO IF THEY'RE HEARING CONSTRUCTION NOISE, THAT MIGHT BE A DETERRENT TO THEM SLEEPING. SO I MEAN THAT'S JUST KIND OF WHAT I'M THINKING ABOUT IN THIS. UM, AND I'M ALSO LIKE, IF THEY'VE ALREADY BEEN OUT WORKING IN THE HEAT ALL DAY THAT TIME FROM SEVEN TO EIGHT IS NOT GONNA GIVE THEM A SIGNIFICANT ENOUGH COOLING OFF PERIOD IN MY OPINION. OKAY. SO I THINK WE KIND OF EACH STAND IN OUR OWN OPINION. . UM, YEAH. UM, SOMEONE WANNA MAKE A MOTION, MAKE A MOTION THAT WE, UM, MAKE THE RECOMMENDATION FOR 7:00 AM TO 8:00 PM FOR THE ORDINANCE AND THE OTHER AMENDMENTS MADE BY STAFF TO REMOVE THE, AND THE OTHER AMENDMENTS MADE BY STAFF SECOND. OKAY. I HAVE A MOTION BY MAYOR PRO TEMP TOBIAS AND SECOND BY MCKINNEY. AND THIS IS GOING TO BE CHANGED TO 8:00 PM CORRECT. AND AS LONG AS WELL WITH THE OTHER, UM, MO AMENDMENTS. UM, UH, DO WE WANNA DO ROLL CALL ON THIS? 'CAUSE I FEEL LIKE WE MIGHT BE TORN. UM, I'LL JUST SAY ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? NO. AYE. UM, MOTION PASSES FIVE TO TWO. UM, DO YOU NEED TO KNOW WHO, WHO SAID NAY GZA? COUNCIL MEMBER GOZA MAN. OKAY. ALRIGHT. ALRIGHT. UP NEXT WE HAVE AGENDA ITEM [15) Consider approval of a Resolution authorizing the Interim City Manager to authorize the grant application for the Texas Water Development Board Water Supply & Infrastructure Grant in the amount of $21,000,000, for which the deadline to apply is July 30, 2026.] 15, CONSIDER RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO AUTHORIZE THE GRANT APPLICATION FOR THE TEXAS WATER DEVELOPMENT BOARD WATER SUPPLY AND INFRASTRUCTURE GRANT IN THE AMOUNT OF 21 MILLION FOR WHICH THE DEADLINE TO APPLY IS ON JULY 30TH, JUST 23 DAYS. WE HAVE ITEM PRESENTER MIKE MURPHY. GOOD EVENING MAYOR COUNCIL MIKE MURPHY. I'M DIRECTOR OF WATER UTILITIES. SO TONIGHT WE'RE ASKING FOR YOU TO CONSIDER, UM, APPROVAL OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAL, TEXAS RATIFYING THE CITY'S APPLICATION FOR THE TEXAS WATER DEVELOPMENT BOARD SU, UH, BOARD WATER SUPPLY AND INFRASTRUCTURE GRANT. AND THE AMOUNT NOT TO EXCEED $21 MILLION FOR WHICH THE DEADLINE TO APPLY IS THIS JULY 30TH. SO, SO, UM, THE HOUSE SUMMARY OR THE HOUSE BILL 500 PASSED DURING, UH, THE 89TH LEGI LEGISLATIVE SESSION APPOINTED, UH, APPROPRIATED [04:35:01] $1.038 BILLION IN FUNDS FOR WATER SUPPLY AND INFRASTRUCTURE PROJECTS TO THE TEXAS WATER DEVELOPMENT BOARD. THIS IS A ONE-TIME OPPORTUNITY FOR A LIMITED NUMBER OF TEXAS COMMUNITIES TO RECEIVE GRANT FUNDING TO IMPLEMENT WATER SUPPLY AND WATER INFRASTRUCTURE PROJECTS. ONCE THIS INITIAL APPROPRIATION IS PROVIDED TO THE COMMUNITIES BY AUGUST THE 31ST OF 2027, THE TEXAS WATER DEVELOPMENT BOARD WILL NO LONGER HAVE THESE GRANT FUNDS AVAILABLE TO PROVIDE FINANCIAL ASSISTANCE. AND THAT FOLLOWING PARAGRAPH IS JUST BASICALLY WHY THIS PROJECT, THIS, UH, HB GRANT WAS, UM, APPROPRIATED. SO THE PURPOSE FOR THE APPROPRIATION WAS STATED IN H BILL 500 LEGISLATION AS A WATER INFRASTRUCTURE AND SUPPLY, UM, PROJECTS AND GRANTS TO BE DETERMINED BY THE BOARD AS THE LANGUAGE IS SPECIFIC TO WATER INFRASTRUCTURE AND SUPPLY. THE PLAN EXCLUDES WASTEWATER AND FLOOD PROJECTS. SO THAT'S, THAT'S WHY, UH, YOU WON'T SEE US ASKING FOR THIS FUNDING FOR THE WASTEWATER TREATMENT PLANT. I KNOW THERE WAS A LOT OF QUESTIONS ABOUT THAT. ADDITIONALLY, THE TEXAS WATER DEVELOPMENT BOARD WILL PROVIDE THIS FUNDING IN THE FORM OF 100% GRANT BECAUSE HB 500 DOES NOT PROVIDE AUTHORIZATION FOR THE TEXAS WATER DEVELOPMENT BOARD TO USE FUNDING TO LEVERAGE BONDS. AND THEREFORE, APPROPRIATION DOES NOT CREATE A BENEFIT TO PROVIDING THE FUNDING IN THE FORM OF A LOAN. SO COMMUNITIES WITH POPULATIONS BETWEEN, UH, 10,001 TO 150,000 CAN REQUEST UP TO $21 MILLION FUNDING FOR A SINGLE PROJECT SCORING CRITERIA IS BASED ON ANNUAL MEDIUM HOUSE INCOME, WHICH KYLE, UH, IT SHOWS TO BE RIGHT AT $90,000 A YEAR FOR THE SERVICE AREA DIVIDED BY STATEWIDE, A HI MULTIPLIED BY 10. THE ADDITIONAL 10 POINTS ARE AWARDED TO PROJECTS THAT ARE ALREADY, UH, THAT ARE READY TO PROCEED TO CONSTRUCTION. SO THAT'S THE TERM WE NEED TO, TO PAY ATTENTION TO. READY TO PROCEED. STAFF IDENTIFIED THE LAYMAN, UH, PUMP STATION EXPANSION PROJECT, WHICH HAS AN ESTIMATED COST OF CONSTRUCTION OF APPROXIMATELY $25 MILLION AS AN IDEAL PROJECT MEETING. THE REQUIREMENTS OUTLINED IN THE GRANT NOTICE THIS PROJECT WILL BE AT LEAST 100% OR WILL, THIS PROJECT WILL BE AT 100% DESIGN AS OF JULY, 2026, OF WHICH THE PROJECT IS NOW 100% DESIGN IS COMPLETE. NOW THIS IS THE TRICKY PART. UM, SO, UH, WHICH WILL MEET THE REQUIREMENT FOR BEING READY TO PROCEED. NOW THE TEXAS WATER DEVELOPMENT BOARD HAS DELEGATED THE AUTHORITY TO TCEQ TO DETERMINE WHEN A PROJECT IS CONSIDERED DESIGNED, 100% COMPLETE AND READY TO PROCEED. WE HAVE NOT RECEIVED THAT, THAT, UH, APPROVAL BACK FROM TCEQ AT THIS POINT. WE'RE WAITING FOR IT, BUT THE CLOCK IS TICKING. WE HAVE TO HAVE THIS TURNED IN AND IT HAS TO BE AT THE TEXAS WATER DEVELOPMENT BOARD BY THE END OF THIS MONTH, WHICH IS JULY THE 30TH. SO AS A RESULT OF THAT, WE ARE, WE ARE PUTTING IN A BACKUP PROJECT, WHICH YOU APPROVED EARLIER TONIGHT, WHICH IS THE, UH, THE 1626 WATER TRANSMISSION MAIN FROM THE PUMP STATION TO THE VERDE ELEVATED STORAGE TANK WITH AN ESTIMATED VALUE OF RIGHT AROUND SEVEN AND A HALF MILLION DOLLARS. NOW THAT'S OUR BACKUP PLAN. JUST IN CASE WE HAVEN'T HEARD FROM TCEQ THAT THIS PROJECT HAS BEEN DETERMINED, READY TO PROCEED, WE CAN MOVE FORWARD WITH THE $7 MILLION PROJECT. UM, AND SO HOPEFULLY WE'LL HAVE THAT INFOR THAT THAT APPROVAL FROM FROM TCUQ BY, UH, UH, JULY THE 23RD. IF THAT'S THE CASE, WE'RE GONNA MOVE FORWARD WITH THE, UM, WITH THE LAYMAN ROAD PROJECT AND ASKING FOR A LARGER AMOUNT. IF WE DON'T HAVE THAT, IT IS OUR, IT IS RECOMMENDATION OF OUR CONSULTANT, WHICH IS STV, THAT WE MOVE FORWARD WITH THE SECONDARY PROJECT, WHICH IS THE, UH, 1626 TRANSMISSION MADE FOR $7 MILLION. SO IF THERE'S ANY QUESTIONS ABOUT THAT, WE'RE READY TO GO. SO STAFF RECOMMENDS THAT YOU ALLOW THE CITY, THE INTERIM CITY MANAGER TO PROCEED WITH THIS RESOLUTION, UM, AND, UM, APPROVE WITH MODIFICATIONS. SO I THINK THAT'S PRETTY MUCH IT. THAT'S A LOT OF STUFF. THAT'S IT. [04:40:01] ALL RIGHT. I HAVE A QUESTION. DOES IT HAVE TO BE JUST ONE PROJECT OR CAN IT BE MORE THAN ONE PROJECT? IT CAN ONLY BE ONE PROJECT. I KNOW, RIGHT? WE WOULD LOVE TO TURN BOTH OF THE PROJECTS IN IF WE COULD, BUT WE CAN'T NOW. THIS IS, AS YOU CAN, UH, PROBABLY IMAGINE WITH THIS AMOUNT OF MONEY FOR SMALL CITIES LIKE, LIKE KYLE FROM BETWEEN 10,000 AND 150,000, THERE IS AN INCREDIBLE AMOUNT OF APPLICATIONS THAT HAVE BEEN TURNED IN. THAT'S WHY TCUQ IS RUNNING BEHIND WITH THE APPROVAL OF THE READY TO PROCEED. AND, UM, WE DON'T WANT TO TAKE THAT RISK OF MISSING OUT ON BOTH. SO THAT'S WHY I WANTED TO EXPLAIN THAT TONIGHT AS THIS PROCESS. BUT WE WANT, WE'RE DEFINITELY MOVING FORWARD WITH THE APPLICATION, UM, FOR THE CITY OF KYLE. UM, HOPEFULLY FOR THE $20 MILLION PROJECT, BUT IF NOT FOR SURE, WE'LL HAVE THE $7 MILLION READY TO GO IF WE NEED TO, IF WE NEED TO USE THAT PROJECT. ALRIGHT, ANY DISCUSSION? COUNCIL MEMBER ZAPATA, WHO DO I GOTTA LOBBY , RIGHT? UH, LIKE IS THERE, IS THERE AN EMAIL ADDRESS THAT I CAN REACH OUT TO? CAN WE HAVE OUR STATE REPS SEND SOMETHING JUST IN SUPPORT AND KIND OF NUDGING? UM, IS THIS DUE ON, WHAT IS IT, JULY 30TH? JULY 30TH IS THE FINAL DAY TO HAVE IT IN TO THE TEXAS WATER DEVELOPMENT. LIKE AT 11:59 PM OR CLOSING DAY, WE CAN GO AHEAD AND TURN, LISTEN, SO LET ME BACK UP A LITTLE BIT. WE CAN GO AHEAD AND TURN IT IN TO THE TEXAS WATER DEVELOPMENT BOARD, BUT IF WE DON'T HAVE THE, THE READY TO PROCEED APPROVAL FROM TCQ, WE LOSE 10 POINTS OFF OF OUR SCHOOL. AND AS YOU KNOW, IN COMPETITION THIS, THIS TIGHT, IF YOU LOSE 10, 10 POINTS, THEN YOU'RE PRETTY MUCH OUT OF THE RUNNING. SO THAT'S, THAT'S THE RISK WE'RE TAKING. NOW WE'VE REACHED OUT TO, TO TCQ, WE HAVE NOT REACHED OUT TO OUR STATE REPRESENTATIVE, BUT I'M SURE, UM, UH, I DON'T KNOW, I DON'T KNOW WHAT GOOD THAT WOULD DO, BUT I DON'T KNOW, UH, JUST MOVE SOMETHING ALONG, GET A LETTER OF SUPPORT IN THERE TO OFFSET THE NEGATIVE 10 POINTS POSSIBLY JUST IN CASE LIKE, AS SOMEONE WHO IS ALSO A GRANT REVIEWER, NOT JUST A GRANT WRITER, , YOU KNOW, THOSE ARE THINGS THAT WE TAKE INTO CONSIDERATION AS WELL ON SCORING RUBRICS. YEAH. UM, I JUST, I GUESS I JUST WANNA MAKE SURE BECAUSE I, YOU KNOW, I WAS GOING OVER, UH, THE PRESENTATION THAT WE DID ON JUNE 13TH OVER THE CIP P MM-HMM. UH, PROJECTS. AND SO WE HAD ORIGINALLY KIND OF ALL OURSELVES TAKEN, UNDERTAKEN THAT 25 MILLION. SO 2020 1 MILLION OF THAT 25 MILLION WOULD GO FAR. YEAH, IT WOULD, WOULD BE AWESOME. IT WOULD, I CAN GET YOU, I CAN GET YOU ALL THE INFORMATION THAT WE'VE GOT ON WHO YOU COULD REACH OUT TO AT TCQ IF YOU WANT TO, IF YOU WANT TO ASSIST WITH THAT, I'D BE GLAD TO DO THAT. OKAY. YEAH, JUST, JUST A LITTLE, HEY Y'ALL SOME SOMETHING I DON'T KNOW, BUT, BUT BECAUSE I THINK THIS WOULD GREATLY BE BENEFICIAL FOR OUR RESIDENTS. OKAY. YEAH, WE CAN DO THAT. I'LL GET THAT TO YOU TOMORROW. ALL RIGHT. WHERE I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 15 SECOND. OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER GOZA. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? THANK YOU. YOU'RE WELCOME. THAT SEVEN ZERO. ALL RIGHT, I'M NEXT. [16) (Tabled 6/16/2026) Consider approval of a Resolution amending the Rules of Council as requested by City Council on 4/21/2026.] WE HAVE AGENDA ITEM 16, CONSIDER APPROVE OF A RESOLUTION AMENDING THE RULES OF COUNSEL AS REQUESTED BY CITY COUNCIL ON 4 21 26. AND THAT'S ITEM PRESENTER. AMY ALQUAN REED. GOOD EVENING COUNSEL. AMY ALCON REED CITY ATTORNEY. FOR THE RECORD, WE HAVE SEVEN. SO HOW ARE WE FEELING? WE, WE WANT TO GO THROUGH ALL THESE. ALL RIGHT. SO SOME BACKGROUND ON APRIL 21ST, 2026, CITY COUNCIL, UH, DIRECTED THE CITY MANAGER TO BRING BACK OPTIONS RELATED TO THE ROLES OF COUNCIL. WE HAD A PRETTY LENGTHY DISCUSSION THEN. I TOOK A LOT OF NOTES AND THEN I PUT THIS PRESENTATION TOGETHER. GENERALLY THE ROLES OF COUNCIL ARE APPROVED AT LEAST ANNUALLY, AND THEY GOVERN THE PROCEDURE OF THE MEETINGS AND OTHER ISSUES RELATED TO COUNCIL ACTIONS. SO I'VE ATTACHED A RED LINE OF THE RULES TO THIS AGENDA ITEM. I'M HOPING YOU ALL HAD A CHANCE TO LOOK AT IT. THE RED LINE INCLUDES ALL OF THE CHANGES THAT WERE THAT PROPOSED. SO WHAT I WANT TO SAY IS THAT IF A COUNCIL MEMBER CLEARLY TOLD ME WHAT THEY WANTED, WHAT THEY WERE SUGGESTING THAT IT SAID, I TRIED TO PUT THAT IN THERE, WHICH MEANS IT MAY NOT HAVE HAD CONSENSUS OF THE FULL COUNSEL. SO WHAT WE WOULD LIKE TO DO IS GO THROUGH THEM INDIVIDUALLY AND SEE IF WE HAVE CONSENSUS OF THE FULL COUNSEL AS PART OF APPROVING THIS RESOLUTION. AND THEN THERE WERE OTHER CHANGES WHERE WE GOT KIND OF A, LET'S LOOK AT THIS AS AN OPTION, BUT WE DIDN'T REALLY GET FULL DIRECTION. AND SO I PUT THOSE IN AS THINGS THAT NEEDED ADDITIONAL CONSIDERATION. SO I'M GONNA GO THROUGH THESE ONE AT A TIME, UM, AND SEE IF WE CAN GET SOME CLARITY ON HOW COUNCIL FEELS ABOUT EACH ONE OF THEM. SO THE FIRST ONE IS TO APPLY THE SAME LIPS TO ADDING AGENDA ITEMS TO THE AGENDA TO THE MAYOR AS IT APPLIES TO COUNCIL MEMBERS. AND I DO WANNA NOTE THAT THIS SUGGESTION DID COME FROM THE MAYOR, SO I DON'T KNOW IF SHE STILL LIKES IT. . , [04:45:01] OKAY. I DO. BUT UM, SO THIS IS COMPLICATED, RIGHT? I FEEL LIKE WE NEED TO SIMPLIFY, UM, WHAT WE'RE ABLE TO DO AND PUT ON AN AGENDA. SO IF WE CAN START IT WITH, UH, ALL MEMBERS OF COUNCIL. SO THAT WOULD INCLUDE THE MAYOR CAN SUBMIT UP TO, BUT NO MORE THAN I WOULD LIKE TO SEE TWO AGENDA ITEMS AND THEN ONE WITH A CO-SPONSOR. SO A TOTAL OF THREE. OKAY. AND THEN JUST, I DON'T KNOW HOW YOU GUYS FEEL. JUST MAKE IT AS SIMPLE AS POSSIBLE. IT DOESN'T HAVE TO BE LIKE, WHEN I READ IT, I WAS LIKE, I HAVE TO WRITE THIS OUT BECAUSE I DON'T EVEN REALLY UNDERSTAND. UM, THAT LANGUAGE IS PARTICULARLY CONFUSING. IT IS CONFUSING. I JUST WANNA CLARIFY THE TWO AND ONE WITH THE CO-SPONSOR. THAT WOULD INCLUDE PROCLAMATIONS OR DO WE WANT HAVE A SEPARATE RULE JUST ALL TOGETHER? WHATEVER YOU WANNA STICK ON THE AGENDA. I THINK I'D LIKE TO SEE THREE AND THEN, BUT TWO OF THOSE CAN BE WITHOUT A CO-SPONSOR AND THEN ONE WOULD BE WITH A CO-SPONSOR, HOWEVER YOU GUYS WANNA DO IT, JUST TO MAKE IT AS SIMPLE AS POSSIBLE. UM, AND THEN I WOULD JUST TAKE OUT ALL, LET'S SEE, 1, 2, 3, 4, WAIT, 1, 2, 6, ALL SIX OF THE FIRST, UM, LINES AND JUST DO MEMBERS OF COUNCIL AND THEN TALK ABOUT THE TWO AND THEN THE ONE, AND THEN YOU, I WOULD TAKE OUT THE MAYOR'S SUBJECT TO THE SAME. NONE OF THAT EVEN MATTERS 'CAUSE WE'RE ALL MEMBERS OF THE COUNCIL. OKAY. SO IT WOULD START WITH AGENDA ITEMS MUST BE REQUESTED BY EMAIL. MUST BE SUBMITTED. MAYOR, JUST AS EXACT AS AN EXAMPLE. WE HAVE 16 ITEMS ON THE AGENDA TONIGHT AND IT'S MIDNIGHT. I KNOW, I KNOW. I GET IT. SO IF YOU HAVE THREE PER COUNCIL MEMBERS, THERE'S UP TO 21 RIGHT THERE. YOU KNOW, I THOUGHT ABOUT THAT, BUT THIS WAS THE RULE THAT WE HAD PRIOR TO, AND I FELT LIKE, WELL, IT WAS JUST THREE ALTOGETHER. UM, YEAH, I MEAN WE, UNLESS WE WANNA DO TWO AND THEN ONE WITH A CO-SPONSOR, BUT THAT'S WHERE WE LED TO TWO 30 IN THE MORNING. EVIL. IT'S TRUE. IT IS OKAY. BUT I MEAN, THE WAY I READ IT NOW IS A MESS. AND I DON'T THINK IT'S FAIR. AND I, I THINK IT'S COMPLICATED. I I WANNA MAKE IT AS SIMPLE AS POSSIBLE. MAYBE WE CAN DO TWO AND THEN ONE HAS TO BE CO-SPONSORED. I THINK THERE IS SOME ARGUMENT, AND IT'S UP TO COUNCIL 'CAUSE THESE ARE THE RULES THAT YOU'RE LIMITED TO YOURSELF. BUT THE CHARTER DOES PROVIDE THAT COUNCIL THAT A COUNCIL MEMBER CAN ADD AN ITEM TO THE RIGHT, TO THE AGENDA AND THE WAY IT'S WRITTEN, UNLESS IT'S A PROCLAMATION, REALLY YOU CAN'T, YOU HAVE TO HAVE A CO-SPONSOR. BUT I DO THINK THE COUNCIL CAN LIMIT HOW MANY AND CAN PUT WHATEVER REGULATIONS YOU'D LIKE ON THE CHARTER. 'CAUSE YOU'RE ENFORCING THOSE RULES ON YOURSELF. RIGHT? RIGHT. SO MAYBE IT'S ONE ITEM WITHOUT A CO-SPONSOR WHATEVER IT IS THAT COUNCIL WANTS TO DO. YEAH. I GUESS ARE YOU GUYS OKAY WITH ONE EYE, LIKE TWO ALTOGETHER AND THEN ONE THAT DOESN'T NEED A CO-SPONSOR AND ONE THAT DOES? I MEAN, I WAS GONNA SUGGEST ALIGNING IT MORE TO THE CHARTER TO WHERE THERE WASN'T A CO-SPONSOR REQUIREMENT POINT BLANK. JUST SO THAT WE'RE ALIGNED COMPLETELY WITH THE CHARTER, BUT THEN LIMIT IT TO ONE OR TWO OR SOMETHING. YEAH, BUT LIMIT THE AGENDA ITEM, LIKE TOTAL. I THINK SO FAR IT'S WORKED OUT MIRACULOUSLY WELL. OH, MAYBE IT USED TO BE A MESS. THERE'S A REASON WHY IT'S LIKE THIS. I'M LIKE, YOU KNOW, IT'S LIKE, SO FAR IT'S WORKED OUT MIRACULOUSLY WELL, I'M NOT, YOU KNOW, WE DON'T COORDINATE THIS. IT JUST HAPPENS TO BE THAT, YOU KNOW, NO ONE IS THROWING ON A BILLION THINGS, YOU KNOW, ON, ON THE SAME AGENDA AT ONCE. UM, SO I'M FINE WITH LIMITING IT TO TWO OR, OR YOU KNOW, WHAT, WHAT NUMBER IT IS THAT WE DECIDE, BUT NOT REQUIRING A CO-SPONSOR FOR EITHER ONE. I AGREE. SO TWO, TWO TOTAL ON EACH AGENDA. ALL RIGHT. I DO NOT THINK WE'RE GONNA TAKE ADVANTAGE OF THAT. AND MAYBE, I DON'T KNOW, I DON'T KNOW IF WE WANNA BE APPRISED TO WHEN ANOTHER PEOPLE PUT THEIR AGENDA ITEMS ON. THAT'S . IT'S GONNA MAKE FOR A REALLY LONG AGENDA. I MEAN, I REMEMBER THESE DAYS IT WAS THREE, YOU PUT WHATEVER YOU WANT ON AND IT WAS A HOT MESS AND WE APPROVED THINGS THAT NEVER CAME BACK. IT, IT WAS A LOT. SO I DON'T WANNA OVERWHELM OUR STAFF. UM, OKAY, SO WE'RE LOOKING AT TWO WITH NO CON CO-SPONSORS. MAY I MAKE A SUGGESTION? YES, YOU CAN HAVE UP TO TWO EACH, BUT AT 10 30 OR 11, CUT IT OFF. CUT IT OFF AND GO MOVES ON TO THE NEXT AGENDA. DO WE WANT A TIME LIMIT? YES. YES. I MEAN ASKING, I'VE BEEN ASKING FOR THAT FOR SIX YEARS. YOU KNOW THAT TRAVIS CITY OF AUSTIN HAS THIS FUN RULE WHERE AT, SO ROB 10, 10:00 PM COUNCIL HAS TO VOTE IF THEY WANNA CONTINUE THE MEETING AND IF NOT, EVERYTHING ELSE GETS TABLE INTO THE NEXT MEETING. OKAY, I'M OKAY WITH THAT, BUT I JUST WANT, HEY, THAT COULD BUILD UP, RIGHT? AND I, I COMPLETELY TRUST OUR COUNCIL TO BE LIKE, OKAY, THREE PEOPLE GOT STUFF ON THERE. I'M PROBABLY NOT GONNA HAVE IT MINDLESS HER, I'LL JUST USE IT NEXT TIME. OR, YOU KNOW, THE RULES OF COUNCIL HAVE BEEN HERE FOR HOW MANY AGENDAS. SO I THINK THAT IS A GREAT IDEA TO LIMIT TO 10 30 OR IS EVERYBODY OKAY WITH THAT AND, AND VOTE IF WE WANT TO CONTINUE ON? YES. YES. SO TWO ITEMS, [04:50:01] NO CO-SPONSORS WITH THE 10 30 VOTE SAYING WHETHER OR NOT WE WANNA CONTINUE. AND THEN WHATEVER'S LEFT OVER, WE'LL GO ONTO THE NEXT AGENDA AND THAT'LL BE ON THE TOP OF THE COUNCIL SPONSORED ITEMS ALL. AND THAT'S JUST TO APPLY TO COUNCIL ITEMS, RIGHT? WE, IF IT'S PAST 10 30, COUNCIL DECIDES WHETHER OR NOT TO HEAR THOSE ITEMS. YES. WHEREAS ITEMS PROVIDED BY THE CITY MANAGER WOULD STILL CONTINUE. YEP. OKAY. WELL BECAUSE YEAH, HERE HOW MUCH OF A, GO AHEAD. GO AHEAD. NO, NO, NO. YOU, YOU CAN GO FIRST. YOU RAISE YOUR HAND FIRST. OH YEAH. BECAUSE UH, I AM STARTING TO HEAR THAT AGAIN, MAYOR FROM RESIDENTS THAT IT'S 11 O'CLOCK, IT'S 11 AND THEY'RE WAITING FOR Y'ALL'S AGENDA ITEM AND, AND WE'RE NOT EVEN THERE YET. SO I HAVE ALWAYS STRESSED SO HARD TO PUT EVEN TIME LIMITS WHEN IT CAME TO AGENDA ITEMS. NO MORE THAN A 10 MINUTE TALKING PERIOD. AND THEN BOOM, WE MOVE ON TO THE NEXT. I KNOW I GOT SHOT DOWN MANY TIMES BECAUSE THERE WAS TIMES WHERE I REMEMBER IN THE PAST, YVONNE, YOU WERE LIKE, WELL, EVERYBODY HAS THE RIGHT TO SPEAK. BUT THEN WE WENT BACK AND FORTH KINDA LIKE WE'RE DOING NOW, LET'S GET COMPLICATED. I'VE SEEN CITIES TRY TO LIMIT EACH COUNCIL MEMBER'S TIME, BUT THEN YOU HAVE A CITY SECRETARY OVER HERE FRANTICALLY TRYING TO TIME HOW LONG EVERY COUNCIL MEMBER SPEAKS MM-HMM . AND IT GETS VERY CHALLENGING. YEAH. BUT WE COULD MAYBE LIMIT THE AGENDA ITEM IN GENERAL. NOT WITH SPEAKING, BUT JUST LIKE YOU COULD, THE PROBLEM IS YOU'RE GONNA HAVE ONE PERSON WHO SPEAKS FOR FIVE MINUTES AND THEN YOU'RE RIGHT. EVERYBODY ELSE DOESN'T GET TO SPEAK. SORRY, I'M HERE TO PLAY DEVIL'S ADVOCATE HERE. NO, I LOVE IT. I LOVE IT. I LOVE IT. I LOVE IT. I'M NOT GONNA BE MAD AT IT. I THINK I JUST HAVE A SLIGHT CONCERN WITH THE 10:30 PM LIKE, LET'S PUSH IT BACK. BECAUSE SOMETIMES, YOU KNOW, I THINK GOOD EXAMPLE FOR TODAY, UH, THE AGENDA ITEMS ARE TIMELY, RIGHT? LIKE THEY'RE, THEY'RE PERTINENT HOWEVER, LIKE FOR EXAMPLE, IF THERE WAS LIKE A MAJORITY THAT WAS LIKE, OH, WELL WE COULD JUST MESS WITH THIS AGENDA ITEM BY VOTING AGAINST CONTINUING TIME. SO IT GETS PUSHED BACK OUT. SO IT BECOMES, YOU KNOW, LESS TIMELY, LESS PERTINENT. LIKE THAT'S A WAY TO, TO ABUSE THE RULES AS WELL. AND I THINK, I JUST WANNA MAKE SURE THAT WE DON'T DO THAT EITHER. THAT ALSO KIND OF BRINGS ME TO MY QUESTION BECAUSE TODAY WE MOVED TO COUNCIL ITEMS UP TO THE TOP MM-HMM . AND SO THOSE ITEMS AUTOMATICALLY PUSHED OTHER THINGS LIKE PERHAPS THE OTHER COUNCIL ITEM PASSED 10 30. DO, DO WE WANNA PUT RULES ON THIS IS GETTING COMPLICATED. YEAH, RIGHT. YEAH. THERE'S A REASON WHY THAT HAPPENED, RIGHT? AND THAT'S BECAUSE COUNCIL MEMBER ITEMS WERE BEING PUT PUT AT THE BOTTOM. AND SO, UH, WE HAD TO CREATE AGENDA ORDER IN ORDER TO FIGURE OUT WHAT THE RESIDENTS WANT, WHAT WE WANT. AND SO I THINK THAT'S GONNA BE VERY IMPORTANT TO KEEP IN THERE, TO MAKE SURE THE AGENDA ORDER STAYS IN THERE. I'M NOT SAYING THAT WAS WRONG. WHAT I'M SUGGESTING IS THAT IF WE'RE GONNA REQUIRE A VOTE AT 10 30 OR THOSE ITEMS DON'T CONTINUE, DO YOU WANT TO ALSO REQUIRE THE VOTE TO MOVE THEM EARLIER SO THAT WE DO PLEASE GIVE THE SAME TREATMENT THAT'S IN THERE? YEAH, THERE'S, I THINK YOU HAVE LIKE NO ONE OBJECTS, RIGHT? YEAH. OKAY. SO THAT I I THINK IT'S IMPORTANT WE KEEP THAT IN THERE. UM, YEAH. 'CAUSE WE DO VOTE ON THAT. AND GO AHEAD. I THINK KIA, I THINK JUST LITTLE HESITANT ABOUT THE 10 30. I THINK, YOU KNOW, WE'VE, I KNOW THAT WE'VE ADDED MORE MEETINGS. OH THAT'S JUST BECAUSE THAT'S HOW MUCH STUFF THERE IS TO GO THROUGH. UM, AND SO I JUST BECOME HESITANT AT US, YOU KNOW, HAVING SOME ARBITRARY 10:30 PM TIME. RIGHT. BECAUSE AS OF RIGHT NOW THAT'S ARBITRARY, UM, IMPACTING CITY OPERATIONS. BUT THAT'S JUST TO VOTE ON WHETHER WE WANNA TALK ABOUT OUR COUNCIL ITEMS. NO, IT'S CONTINUE THE MEETING. NO, IT'S ONLY COUNCIL ITEMS. THE WAY THAT, THAT IT WAS PROPOSED BY COUNCIL MEMBER TOBIAS OR MAYOR PERM TOBIAS, I'M SORRY, WAS COUNCIL ITEMS WOULD NOT BE CONSIDERED AFTER 10 30 ABSENT OF MAJORITY VOTE OF COUNCIL. OKAY, THAT SOUNDS BETTER. OKAY. OKAY. DO WE WANT TO VOTE ON EACH OF THESE INDIVIDUALLY? IS THAT WHAT YOU MEANT? MAYOR PERM? YES. JUST THE COUNCIL ITEMS, NOT THE ENTIRE AGENDA. YES. OKAY. 'CAUSE WE ALWAYS, SO WE CAN STAY HERE TILL MIDNIGHT OR 1:00 PM OR 2:00 PM AS LONG AS THEY ITEMS PER MESS. WHAT? SO WERE YOU SAYING NO AT 10 30? I THINK IT WAS JUST A MATTER OF STREAMLINING EVERYTHING AND HAVING TIME LIMITS ON SPECIFIC, I MEAN, WHEN WE'RE DOING CONSENT, WE ALREADY KNOW WHAT OUR VOTES ARE. YOU KNOW, IF WE PULL WE HAVE A DISCUSSION, BUT NO MORE THAN 10 MINUTES ON EACH ONE. THE MOST IF WE CAN, BECAUSE I'M LOOKING AT THE TIME LIMIT ITSELF BECAUSE I ALSO LOOK AT STAFF. THEY'VE BEEN HERE ALL DAY, ALL NIGHT. SAME THING HERE, SAME THING. ALL OF US. THOSE WATCHING, I'M JUST TRYING TO, ALWAYS BEEN TRYING TO DO THE MINIMUM, NOT THE MINIMUM, BUT MAXIMIZE THE TIME WITHIN THE FRAME. LIKE WHEN I'VE RUN MEETINGS, I TRY TO SAY, I'M TRYING TO GET EVERYBODY OUT BY 1130, BUT I WANNA BE EFFICIENT AND I WANNA MAKE, STILL GIVE EVERYBODY THE RESPECT TO HAVE THE VOTES AND SO FORTH. AND IT COULD BE A LOT OF, I KNOW WE HAVE A LOT OF BACK AND FORTH, KINDA LIKE WE'RE DOING NOW, BUT I'M [04:55:01] JUST KIND OF LOOKING AT IT IN, IN, IN THAT SENSE. UM, MR. MOHE? YEAH. I THINK A, A REAL CONCERN FOR ME IS GOING INTO MIDNIGHT 'CAUSE PEOPLE ARE NOT PAYING ATTENTION. PEOPLE ARE THEN, AND I KNOW A LOT OF VOTES GET PASSED THROUGH USUALLY AT A CERTAIN TIME. AND THAT UPSET THE RESIDENTS TOO. SO TALKING TIME-WISE, I THINK IT'S ALSO IMPORTANT THAT WE DON'T GO INTO THE NEXT DAY. UM, I DO UNDERSTAND THE 10 30 AND THE COUNCIL, BUT I ALSO WANNA MAKE SURE THAT WE'RE NOT GOING TOO LATE WHERE PEOPLE ARE NOT PAYING ATTENTION. 'CAUSE WHAT WE'RE GONNA FALL INTO IS AN ISSUE WHERE WE TAKE A VOTE, PEOPLE FIND OUT LATER, AND THEN THEY COME BACK AND THEY'RE ANGRY, BUT THEY'RE LIKE, HOW DID YOU EXPECT US TO STAY AWAKE UNTIL MIDNIGHT OR 1:00 AM WHEN THEY HAVE JOBS THE NEXT DAY? SO THAT'S SOMETHING ELSE THAT I THINK WE NEED TO TAKE INTO CONSIDERATION. ALL RIGHT. SO MY QUESTION IS, DO WE WANNA TAKE VOTES ON THESE INDIVIDUALLY OR DO WE WANNA JUST KIND OF GET A FEEL FOR, FOR DIRECTION AND AT THE END I CAN SUMMARIZE WHAT I FEEL LIKE, AND YOU GUYS CAN SAY, IF I, TELL ME IF I'M WRONG, LET'S DO 'EM INDIVIDUALLY. I THINK IT'LL BE, THAT'LL BE A LOT EASIER. OKAY. SO THEN WHAT COULD BE MORE EFFICIENT? TIMEWISE, JUST DO 'EM INDIVIDUALLY. BUT I'D LOOK FOR HERE IS, UH, THE PROPOSAL IS FOR COUNCIL MEMBERS TO BE LIMITED TO TWO ITEMS WITH NO CONS CO-SPONSOR. HOWEVER, NO COUNCIL ITEM WILL BE CONSIDERED AFTER 10:30 PM UNLESS THE MAJORITY VOTE OF COUNCIL TO APPROVE OR TO APPROVE MOVING FORWARD. YES. TO TAKE A MO THAT'S A MOTION. YEP. UM, SOMEBODY WOULD LIKE TO MAKE A MOTION. YES. I WOULD LIKE TO MAKE A MOTION FOR WHAT YOU JUST SAID. DO I GET SECOND? OKAY. I GET A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSED. SEVEN ZERO. OKAY. THE SECOND ONE IS RESTRICTIONS ON BRINGING BACK FAILED COUNSEL ITEMS TO ALLOW FOR ITEMS TO COME BACK AFTER 90 DAYS WITH, WITH APPROVAL OF COUNSEL. THE WAY I THINK THIS WOULD WORK IS THAT THEY WOULD PUT A COUNCIL ITEM ON REQUESTING PERMISSION TO BRING BACK THE ITEM BECAUSE YOU HAVE TO VOTE WITHIN 90 DAYS. SO I'M NOT REALLY SURE HOW ELSE IT WOULD COME BACK. I'M THE ONE THAT BROUGHT THIS FORWARD AND IT'S JUST TO REPLACE SIX MONTHS AND JUST CHANGE IT TO 90 DAYS. SO NOT, NOT REQUIRE SOMEONE TO BRING AN AGENDA ITEM TO MAKE AN EXCEPTION FOR IT, BUT WHERE IT SAYS, UH, SUBJECT MATTER MAY NOT BE PLACED BACK ON THE AGENDA FOR AT LEAST SIX MONTHS JUST TO READ FOR AT LEAST 90 DAYS. OKAY. SO INSTEAD OF ADDING THAT LIKE LANGUAGE THAT SAID, IF SUCH DISCUSSION IS APPROVED BY MAJORITY ABOVE COUNSEL, YOU JUST WANT IT CAN COME BACK AFTER 90 DAYS. YES. OKAY. WHAT, WHAT DO WE THINK ABOUT THAT ONE 90 DAYS? IT, IT, IT, IT SEEMS TOO FRESH NOW THAT YOU'VE BEEN HERE FOR SIX MONTHS. I MEAN, YOU COULD HAVE HAD TO VOTE THREE TIMES ON ONE AGENDA ITEM. I'M THAT'S TRUE. YEAH. YOU COULD DO THAT. IF YOU CAN BRING IT BACK EVERY 90 DAYS, IT'S THREE. YOU COULD HEAR THE SAME THING FOUR TIMES. MM-HMM . I LIKE THE SIX MONTHS. I THINK THIS WAS ALSO BECAUSE I FOUND, FOR EXAMPLE, CITY OF ROUND ROCK, IT DOES 90 DAYS SUN, MONICA HAS NO, UM, AUTOMATIC BAN. UM, AND PFLUGERVILLE HAS 60 DAYS. UM, SO THIS WAS JUST TO BRING IT IN LINE, UH, WITH WHAT IS COMMON PRACTICE. UM, I FEEL LIKE SIX MONTHS IS ACTUALLY A REALLY LONG TIME. I MEAN, I KNOW THAT THIS MOVES PRETTY QUICKLY, UH, BECAUSE WE ONLY HAVE TECHNICALLY TWO REGULAR MEETINGS A MONTH. UM, BUT I JUST FELT LIKE IT WAS IN OUR BEST INTEREST, UM, TO TRY AND NOT NECESSARILY TRY TO STALL SOMETHING FOR HALF A YEAR . 'CAUSE THAT'S TECHNICALLY WHAT IT IS. YEAH. I DON'T WANNA HEAR SOMETHING FOUR TIMES A YEAR EITHER. , YOU COULD JUST KEEP BRINGING IT BACK. UM, WOULD, WOULD EVERY FOUR MONTHS BE A FAIR COMPROMISE? YEAH, I'LL ACCEPT THAT. YEAH, ME TOO. WHEN IT SAYS WITH APPROVAL OF COUNSEL, WELL, IT'S NOT GONNA BE LIKE THAT. IT'S JUST GONNA BE INSTEAD OF THE SIX MONTHS, IT'S GONNA BE FOUR MONTHS. FOUR MONTHS. MM-HMM . SO IT WOULD NOT REQUIRE APPROVAL OF COUNSEL. NO. MM-HMM. SO, BUT IF YOU LIKE THAT, WE COULD KEEP THE SIX MONTHS AND THEN SAY THE 90 DAYS WITH APPROVAL OF COUNSEL OR FOUR MONTHS OR WHATEVER. BUT, BUT RIGHT NOW WHAT'S BEING PROPOSED IS FOUR MONTHS IS SAY THE SIXTH. BLESS YOU. THANK YOU. SO THAT WOULD BE APPROVAL OF THE, OF THE CHANGE TO THE RULE RELATED TO WHEN COUNCIL ITEMS CAN COME BACK TO CHANGE IT TO AFTER FOUR MONTHS. YEAH. IT'S 120 DAYS. WANNA TAKE A VOTE ON THAT ONE? YES, ADA. OKAY. I'D LIKE, UM, MAKE TO MAKE A MOTION TO UPDATE RESTRICTIONS ON BRINGING BACK FAILED COUNSEL ITEMS TO ALLOW FOR ITEMS TO COME BACK AFTER 120 DAYS OR FOUR MONTHS WITH APPROVAL. WELL, YES. JUST POINT BLANK. YEP. SECOND, I HAVE A MOTION BY COUNCIL MEMBER AND A SECOND BY MYSELF. WE NEED DISCUSSION. OKAY. ALL [05:00:01] IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. BEFORE WE MOVE ON THOUGH, CAN WE GO UP TO AGENDA ITEM OR THE NUMBER TWO? SURE. OKAY. SO THE LAST SENTENCE. IN THE EVENT OF A DISAGREEMENT, THE MAYOR, CITY MANAGER OR COUNCIL MEMBER MAY REQUEST AN OPINION FROM THE CITY ATTORNEY AND IT SAYS, WHOSE RULING SHALL BE FINAL? I DON'T LIKE THAT. WHAT I WOULD LIKE IS THEY RECEIVE AN OPINION FROM THE CITY ATTORNEY AND THE COUNCIL MAY DECIDE BY MAJORITY VOTE UNLESS IT'S PROHIBITED BY LAW. I, SO I AGREE WITH THIS, WITH, WITH YOUR SUGGESTION. I THINK THE, THE IDEA BEHIND IT WAS THAT IT WAS SUPPOSED TO OCCUR BEFORE THE MEETING, SO IT NEVER ENDED UP ON THE AGENDA IN THE FIRST PLACE. RIGHT. I'VE NEVER SEEN IT USED THAT WAY. THE ONLY TIME I'VE EVER SEEN THIS RULE USED IT WAS DURING A MEETING, SO IT WAS KIND OF AWKWARD. YES. BUT, AND IT DOES, IT PUTS STAFF. I THINK IT, THAT GIVES A LOT OF CONTROL TO STAFF AND REALLY IT NEEDS TO BE TO THE COUNCIL. AND SO WHAT I'D LIKE TO SEE IS, SO THERE COULD BE AN OPINION AND THEN THE COUNCIL WILL DECIDE BY MAJORITY VOTE, UM, UNLESS IT'S PROHIBITED BY LAW OR FOR SOME REASON, I DON'T THINK IT WOULD EVER BE PROHIBITED BY LAW UNLESS IT'S I, I GUESS A UNIQUE COUNCIL ITEM. OKAY. BUT TYPICALLY I THINK WHEN THIS RULE WAS USED, IT WAS SPECIFICALLY, IT HAD BEEN LESS THAN SIX MONTHS. AND SO , ARE YOU GUYS OKAY WITH THAT? THE OPINION COMING BACK AND THEN LETTING THE COUNCIL DECIDE? YEAH. OKAY. ALRIGHT. SO I WOULD LIKE TO MAKE A MOTION TO, UM, EXCLUDE WHOSE RULING SHALL BE FINAL AND THEN INCLUDE, AND THE COUNCIL MAY DECIDE BY MAJORITY VOTE. OKAY. A SECOND. SECOND. THE COUNCIL MEMBER SPUR MM-HMM . ALL RIGHT. I GOT A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER . ALL IN FAVOR SAY AYE. AYE. OPPOSED? OKAY. MOTION PASSES. SEVEN ZERO. GO AHEAD. OKAY, THIS NEXT ONE IS WEIRD. SO, UH, IT'S RULE D ONE AND IT PROVIDES THAT IF THE BOTH THE MAYOR AND THE MAYOR PROAM ARE GOING TO BE ABSENT, THEN THE MAYOR WOULD DESIGNATE A CHAIR FROM THE COUNCIL MEMBERS PRESENT AT THE MEETING TO PRESIDE WITH ME. TYPICALLY UNDER STANDARD OF THE MEETINGS ACT, THE WAY THIS WORKS IS THAT IF THERE IS NOT A, EITHER THE MAYOR OR THE MAYOR PRO TEM, THE MEMBERS WHO ARE PRESENT WOULD THEN CHOOSE A CHAIR AND VOTE FOR THAT PERSON TO SERVE AS CHAIR FOR THE MEETING. SO THAT'S MY SUGGESTION. THE REASON I FIND THIS WEIRD IS IT'S LIKE THE MAYOR HAS TO KNOW BEFORE THE MEETING THAT BOTH THE MAYOR AND THE MAYOR PROTIME AREN'T GONNA BE THERE AND THEN KNOW WHO'S GONNA BE THERE TO NAME A CHAIR. AND SO THEN IT'S LIKE YOU COULD DESIGNATE LAURA LEE AS THE CHAIR AND THEN SHE'S ALSO NOT THERE. AND THEN WHAT DO WE DO? I THINK IT'S A GREAT INCLUSION. YEAH, I AGREE. I THINK THE COUNCIL SHOULD DECIDE IF THE MAYOR AND THE MAYOR PROAM ARE GONE, WHO WILL CHAIR THE MEETING. THAT'S ACTUALLY THE WAY WE'VE DONE IT WHEN IT'S HAPPENED. OKAY. WELL, I'LL, I'LL TAKE, I'LL MAKE A MOTION TO APPROVE, UH, THE CHANGES TO D ONE SECOND. SECOND BY COUNCIL MEMBER HARRIS. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. UM, I DO HAVE SOMETHING ELSE FOR FOUR. OKAY. SO, UM, 1, 2, 3, 4 SENTENCES DOWN. IT SAYS, ADDITIONALLY, IF ANY MEMBER OF THE COUNCIL ABSTAINS FROM A VOTE, THAT MEMBER SHALL IMMEDIATELY, I WANNA ADD STATE FOR THE RECORD, STATE IT FOR THE RECORD, AND THEN FILL OUT AN AFFIDAVIT WITH THE CITY'S SECRETARY. SO MAKING IT KNOWN THAT THERE'S A CONFLICT AND THEN FILLING OUT AN AFFIDAVIT. OKAY. YOU'RE ALSO JUMPING AHEAD A LITTLE BIT. OKAY. BECAUSE THERE'S ONE OF THESE LITTLE BRACKETED THINGS RIGHT THERE WITH IT THAT SAYS THAT THERE WAS SOME DISCUSSION ABOUT A REQUIRED TIMELINE FOR WHEN THE AFFIDAVIT MUST BE FILED. SO DO WE WANNA TALK ABOUT THAT WHILE WE'RE LOOKING AT IT? MM-HMM . UM, WHAT THE TIMELINE WOULD BE THAT WE HAVE TO FILE THE AFFIDAVIT. LIKE IF THEY DON'T FILE IT IMMEDIATELY DURING THE MEETING, HOW MANY DAYS AFTER DO THEY HAVE TO FILE IT? OKAY. COULD WE SAY BY THE NEXT REGULAR COUNSEL MEETING? I MEAN, THAT'S TWO WEEKS. THEY'RE LIKE, IF YOU, IF THEY DON'T FILL IT OUT WITHIN IT, THE REQUIREMENT WILL BE THAT THEY HAVE TO STATE IT REGARDLESS OF THEY HAVE TO STATE IT ALL. THEY WILL STATE IT ON THE RECORD, BUT IT'S LIKE, HEY, GET THAT AFFIDAVIT IN. SO WHAT IS, BUT IT WILL STATE IT. WHAT IS CHAPTER 1 71 AND 1 76? STATE 1 71 AND 1 76 HAVE SPECIFIC RULES ON WHEN YOU HAVE TO FILE THEM. ONE OF THEM IS LIKE IF YOU HAVE A RELATIONSHIP WITH SOMEONE WHO'S THE VENDOR, YOU HAVE TO FILE IT WITHIN SEVEN BUSINESS DAYS OF YOUR KNOWLEDGE OF THIS RELATIONSHIP. SO IT'S NOT NECESSARILY TIED TO A SPECIFIC ITEM, IT'S TIED TO A PERSONAL RELATIONSHIP. AND IT'S KIND OF AN OVERARCHING FORM THAT YOU FILE THAT'S PUBLICLY AVAILABLE ON THE CITY'S WEBSITE VERSUS THE RECUSAL, WHICH WOULD BE TO AN INDIVIDUAL ITEM. AND SO THAT'S REALLY OUR AFFIDAVIT THAT WE USE FOR AN INDIVIDUAL ITEM. UM, BUT IT DOES, YOU COULD USE THE SEVEN DAYS AS AN EXAMPLE. I MEAN, THAT'S WHAT THE STATE LAW PROVIDES FOR YOU TO FILE IS SEVEN DAYS AFTER YOUR KNOWLEDGE. YEAH. AND JENNIFER DOES AN AMAZING JOB OF HAVING EVERY, ALL THAT CONVERSATION. SHE ALWAYS HAS THEM WITH INFORMATION WITH HER. YEAH. LIKE SHE HAS THEM WITH HER, SO THERE'S NO REASON NOT TO DO IT THAT DAY. BUT I THINK SEVEN DAYS IS PLENTY OF TIME. [05:05:01] I I COULD SEE A SITUATION WHERE IT'S MID MEETING, YOU REALIZE YOU HAVE A CONFLICT. YOU SAY YOU'RE GONNA RECUSE YOU IN THE BACK AND THEN JENNIFER FORGETS, YOU GUYS FORGET TO MEET UP WITH JENNIFER RIGHT AFTER THE MEETING, BUT THEN YOU'D HAVE SOME TIME TO DO IT. OKAY. IS EVERYBODY OKAY WITH SEVEN DAYS COUNCIL MEMBER? ZA. AND DOES TML SUGGEST OR SAY THAT IT SHOULD BE FILED PRIOR TO THE VOTE? TYPICALLY? YES. UM, THE ONLY REASON TO HAVE THAT EXCEPTION WAS JUST WHAT I WAS JUST SAYING IS IF YOU FIGURE OUT, I THINK WE'VE HAD IT HAPPEN WHERE WE WERE TALKING ABOUT LIKE A PROPERTY PURCHASE AND ONE OF THE COUNCIL MEMBERS REALIZED, OH, I KNOW THOSE PEOPLE. THEY'RE, YOU KNOW, COUSINS OR WHATEVER. AND SO THEY DIDN'T KNOW GOING IN, BUT NOW THEY DO. UM, AND SO THEY COULD, THEY WOULD ANNOUNCE THEM, WALK OUTTA THE ROOM, AND IF, IF WE DON'T WANNA MAKE JENNIFER LEAVE THE ROOM AND GO GIVE THEM THE FORM, RIGHT, THEN IT WOULD GIVE THEM A LITTLE BIT OF LEEWAY. I KIND OF FEEL LIKE THEY SHOULD HAVE TO FILL IT OUT AT LEAST BY THAT NIGHT AND TURN IT INTO HER RATHER THAN HAVING DAYS AFTER. 'CAUSE IT LEADS TO THE ABSENCE OF THE MIND THEN. OKAY. IT'S WHATEVER COUNCIL WANTS TO DO. I I MEAN, IT CURRENTLY SAYS IMMEDIATELY, SO I DON'T KNOW IF WE NEED TO MAKE AN AMENDMENT IF WE'RE LEAVING IT IMMEDIATELY, BUT WE CAN LEAVE THAT UP TO COUNCIL IMMEDIATELY IS TOO VAGUE. I THINK. I THINK, YOU KNOW, WE CAN JUST SAY THEY SHALL FILL IT OUT THE NIGHT OF THE MEETING. ARE YOU GUYS OKAY WITH THAT? MM-HMM . BECAUSE I KNOW SOME OF THEM HAVE GOTTEN FILED A YEAR LATER AND THAT'S ENTIRELY TOO LONG. AND SO, AND, AND WE CAN ALSO ADD THAT THEY, I WOULD LIKE TO STATE FOR THE RECORD, THEY PHYSICALLY SAY IT, UM, ON THE RECORD THAT'S IN THE CHARTER. IT'S JUST NOT IN HERE. OKAY. HMM. AND THEN FILL OUT THE AFFIDAVIT. THE CITY, UH, FILL OUT THE AFFIDAVIT THE SAME DAY. OKAY. OKAY. AND THEN, AND THEN I ADDED THAT OTHER SENTENCE, WHICH IS THE NEXT ONE ON HERE TO REFERENCE CHAPTER 71. 71 AND 1 76. THE TEXAS GOVERNMENT CODE. JUST TO MAKE IT CLEAR, ONCE AGAIN, IT'S ALREADY, IT'S ALSO IN THE ETHICS CODE JUST TO MAKE IT VERY, VERY CLEAR TO COUNSEL THAT YOU MUST COMPLY WITH THOSE CHAPTERS. OKAY. SO DID ANYONE WANNA MAKE A MOTION? ALL RIGHT. I'D LIKE TO MAKE A MOTION TO APPROVE NUMBER FOUR AS AMENDED AND DISCUSSED. SECOND. CAN A MOTION BY MYSELF AS SECOND BY COUNCIL MEMBER HARRIS? ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. OKAY. UPDATES ON THAT PROVISION ON ETHIC VIOLATIONS. I THOUGHT I MISSED ONE IN HERE. I DID MISS ONE IN HERE. JUST NUMBER SIX ON ATTENDANCE. OH. WHICH I CHANGED TO A LINE. I GUESS IT'S, OH, IT'S JUST LATER. I CHANGED. I'LL, I'LL GET BACK TO IT LATER THEN. OKAY. UM, UPDATES TO PROVISION THAT PROHIBITS ACCUSATION ON OF ETHICS VIOLATIONS OR OTHER VIOLATIONS. THAT'S GI THINK G. SO ARE WE GONNA SKIP SIX? WE'LL COME BACK TO IT 'CAUSE IT'S LATER IN HERE. OKAY. I THINK I DID THEM IN THE ORDER WE DISCUSSED THEM VERSUS THE ORDER. THEY'RE ACTUALLY IN THE RULES. SO G DECORUM. OKAY. THAT'S THE, UH, COUNCIL MEMBERS, COUNCIL MEMBERS SHALL NOT BE PERMITTED TO ACCUSE BLAH, BLAH, BLAH. SO I CHANGED THAT UP SO THAT IT'S MORE THAT COUNCIL MEMBERS SHALL ADDRESS CONCERNS ABOUT ACTIONS OF ANOTHER COUNCIL MEMBER OR STAFF, INCLUDING CONCERNS RELATED TO ETHICS OR STATUTORY LAWS IN A REASONABLE PROFESSIONAL MANNER. AND WHEN PERMISSIBLE THESE CONVERSATIONS WILL OCCUR IN EXECUTIVE SESSION. WHAT WOULD BE A REASON TO HAVE THAT IN, IN EXECUTIVE SESSION? SO WHEN, WHEN PERMISSIBLE, UM, FOR EXAMPLE, IF IT'S A PERSONNEL ISSUE RELATED TO ONE OF THE EMPLOYEES THAT'S APPOINTED BY COUNSEL, IT COULD PERMISSIBLY BE HAD IN EXECUTIVE SESSION. OKAY. SO MY QUESTION IS, IF LIKE TWO COUNCIL MEMBERS HAVE AN ISSUE OR THERE'S AN ETHICAL ISSUE OR HOW DOES THAT LOOK LIKE? WHETHER IT WOULD BE AN EXECUTIVE SESSION OR NOT? YEAH. LIKE HOW YEAH, THAT WOULD PROBABLY, IT'S PROBABLY GONNA DEPEND ON WHAT THE, UM, ISSUE IS. LIKE IF THERE'S A LEGAL ISSUE RELATED TO IT. IF SOMETHING NEEDS TO BE EXPLAINED, UM, IT'S REALLY GONNA DEPEND ON WHAT THE CONVERSATION IS. OKAY. I JUST DON'T WANNA MAKE A HABIT OF THAT BEING THOSE KIND OF THINGS BEING DISCUSSED. WHO DETERMINES, I'M SORRY, I FORGOT THAT. WHO DETERMINES THE PERMISSIBLE? IT'S BASED ON OPEN MEETINGS ACT. SO FOR EXECUTIVE SESSION, IF IT IS NOT SPECIFICALLY ALLOWED TO BE DISCUSSED IN EXECUTIVE SESSION, IT CANNOT BE DISCUSSED IN EXECUTIVE SESSION. CURRENTLY I REVIEW AND APPROVE ALL ITEMS THAT GO INTO EXECUTIVE SESSION TO CONFIRM THAT THEY COMPLY WITH THE OPEN MEETINGS ACT. AND I ACTUALLY HAVE LANGUAGE ON THE AGENDA THAT SAYS THAT ALL THOSE ITEMS HAVE BEEN REVIEWED BY ME AND DETERMINED TO BE ALLOWABLE. THE MOST COMMON ONE THAT I COULD SEE WITH A STAFF ISSUE IS A PERSONNEL DISCUSSION. OR I COULD SEE SOME SORT OF LEGAL ISSUE THAT MIGHT HAVE A LIABILITY IMPACT ON THE CITY THAT WE WANT TO DISCUSS AT LEAST THAT PORTION OF IT FROM THE LEGAL PERSPECTIVE AND EXECUTIVE SESSION. AND THE REST OF IT MIGHT BE DISCUSSED PUBLICLY. [05:10:02] YOU GUYS OKAY WITH THAT? OKAY. ALL I WILL MAKE A MOTION TO APPROVE THE AMENDMENTS AS IS FOR G TWO SECOND. OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER SATA. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSES SEVEN ZERO. AND THEN I ADDED A NEW THREE BASED ON A COMMENT ABOUT NOT TEXTING DURING MEETINGS. SO IT SAYS COUNCIL MEMBERS WILL BE ENGAGED IN DISCUSSION AND PRESENTATIONS AT COUNCIL MEETINGS AND SHE'LL REFRAIN FROM TEXTING. THIS ONE WAS, I BELIEVE, SUGGESTED BY COUNCIL MEMBER HARRIS. I DON'T KNOW IF THERE'S CONSENT TO PUT IT IN HERE. YEAH, I THINK IT'S HARD 'CAUSE YOU KNOW, WE DO GET AT LEAST, I MEAN, WILL THAT INCLUDE MESSAGES TOO? LIKE THE SPECIFIC REQUEST WAS, WAS REFRAINED FROM TEXTING? I DON'T KNOW IF THAT'S PERSONAL TEXTS OR ALL TEXTS. I, I KNOW I HAVE OCCASIONALLY TEXTED LIKE THE MAYOR TO SAY, HEY, DID WE GET THE VOTE ON THIS OR SOMETHING DURING A MEETING? UM, I THINK THAT'S REALLY HARD BECAUSE LIKE LAST COUNCIL MEETING, I WAS DEALING WITH A SITUATION THAT CAME UP FOR A PROPERTY THAT I HELP A CLIENT MANAGE THAT WAS LIKE, I NEED AN ANSWER NOW. UM, AND SO DEPENDING ON WHAT OUR JOBS ARE, LIKE, IT MIGHT NOT BE POSSIBLE TO BE COMPLETELY DISCONNECTED FROM OUR PHONES. UH, THERE MAY BE FAMILY ISSUES GOING ON THAT WE NEED TO STAY ABREAST OF. I'VE HAD PEOPLE TEXT ME AND BE LIKE, HEY, THE AUDIO IS OFF. WE CAN'T HEAR IT. UM, SO I JUST THINK THAT IT'S DOING A, A DISSERVICE TO ONE THE COMMUNITY IF THEY NEED TO SAY SOMETHING LIKE, HEY, I CAN'T HEAR YOU. OR TWO TO JUST SAY, OH SORRY, FAMILY, WHATEVER, CAN'T HAVE MY PHONE. WHAT IF WE CALL IT LIKE DISTRACTING TEXTING? LIKE YOU CAN'T HAVE YOUR WHOLE BUSINESS ON YOUR PHONE. YOU KNOW? I THINK IF IT'S JUST LIKE A QUICK TEXT, LIKE MY SON WAS LIKE, WHEN ARE YOU GONNA COME HOME ? I WAS LIKE, I THINK, I THINK THE ISSUE WITH THAT IS THERE'S NO WAY TO DETERMINE THAT UNLESS YOU LIKE, FORCE EVERYONE TO READ OR STATE WHAT IT IS THEY'RE TEXTING. RIGHT? WELL SOMETIMES PEOPLE ARE JUST LOOKING DOWN AND, I MEAN, FOR AN EXTENDED PERIOD OF TIME, WE PROBABLY COVER THAT WITH COUNCIL MEMBERS WILL BE ENGAGED IN THE DISCUSSION PRESENTATIONS AND COUNCIL MEETINGS AND JUST LEAVE IT THERE. OKAY. UM, BUT THEN IT'S GONNA BE UP TO COUNCIL TO ENFORCE THE RULES WHEN THEY THINK IF SOMEBODY CALLS A POINT OF ORDER 'CAUSE SOMEBODY ELSE IS DISTRACTED. JUST KNOW THAT THAT'S ON YOU GUYS TO DETERMINE WHETHER THAT DISTRACTION VIOLATES THIS RULE OR NOT. WHAT DO YOU THINK? I DON'T, I JUST DON'T AGREE WITH IT AT ALL. I DON'T KNOW, LIKE, YOU KNOW, IT'S LIKE, FOR EXAMPLE, LIKE I GOT A TEXT FROM MY MOM AND SHE WAS LIKE, HEY, I NEED YOU TO PICK ME UP FROM THE AIRPORT ACTUALLY LIKE AT 4:00 AM. UM, YOU KNOW, AND SO JUST STUFF LIKE THAT I THINK JUST HAPPENS, YOU KNOW, WE'RE ALL HUMANS WHO HAVE FAMILIES AND ALSO FULL-TIME JOBS, UM, THAT REQUIRE US TO BE PRESENT. AND, AND I ALSO DO GET SOMETIMES MESSAGES FROM RESIDENTS WHO ARE LIKE, HEY, CAMERA'S OFF, UM, OR CAN'T REALLY SEE OR CAN'T REALLY HEAR, LIKE, PULL YOUR MIC CLOSER. UM, SO I THINK LIKE THAT ALSO INCREASES LIKE ACCESSIBILITY FOR RESIDENTS AS WELL. UM, SO YEAH. I'M JUST OPPOSED IN GENERAL TO THAT. SO WOULD YOU JUST TAKE ALL THREE OUT? MM-HMM . MM-HMM . WELL, TO MAKE THE CASE SINCE IT WAS MY IDEA, UM, I THINK IT'S DISTRACTING. I THINK IT'S, YOU KNOW, YOU'RE HERE TO MAKE DECISIONS ON COUNCIL. UM, COMMUNICATING WITH YOUR RELATIVES ABOUT THINGS IS PROBABLY NOT APPROPRIATE WHEN YOU'RE ON THE BIAS. EVEN THOUGH WE DO GO LATE, THAT'S EXPECTED. UM, I THINK THAT TEXTING, UH, TO UPDATE YOU ON ITEMS THAT ARE ON THE AGENDA THAT SHOULD HAVE BEEN DONE BEFORE YOU CAME ONTO THE DIOCESE TO VOTE ON THAT ITEM RATHER THAN GETTING INPUT DURING THE MEETING. UM, YOU SHOULD COME PREPARED FOR THAT. UM, I JUST THINK THAT IT'S DISTRACTING, UM, TO THE MEMBERS OF THE AUDIENCE. IT LOOKS LIKE YOU ARE NOT PAYING ATTENTION. UH, I, I JUST DON'T SEE, YOU KNOW, MY, MY PHONE SITS IN MY PURSE. I DON'T FIND A NEED IN, IN THE TWO AND A HALF YEARS I'VE BEEN ON COUNSEL, I'VE NEVER FOUND A NEED TO BE TEXTING WHILE I AM ON THE DAAS. I THINK WE CAN REFRAIN FROM IT. OKAY. THAT'S UP TO COUNCIL, COUNCIL MEMBER MCKINNEY. YEAH. I JUST FEEL LIKE THERE ARE SO MANY ADDITIONAL EXTENUATING CIRCUMSTANCES THAT YOU KNOW, THAT, THAT MAKE IT PERFECTLY ACCEPTABLE. UM, YOU KNOW, I'M NOT TRYING TO MINIMIZE MY ROLE AS A COUNCIL MEMBER, BUT I'M NOT EVER, EVER, EVER GOING TO PUT THIS ROLE ABOVE MY FAMILY. MM-HMM . PERIOD EVER AT ALL. SO YEAH. IF, IF THE KIDS TEXT ME OR V TEXT ME, I, I'M GONNA ANSWER I MOTION. I AGREE TO EITHER APPROVE OR REMOVE [05:15:01] THAT LANGUAGE. MM-HMM . MAKE A MOTION TO REMOVE. SECOND. CAN I HAVE A MOTION BY COUNCIL MEMBER MCKINNEY AND A SECOND BY, UH, COUNCIL MEMBER MEDINA TO REMOVE, UH, UH, G THREE? UM, ALL IN FAVOR SAY AYE. AYE. OPPOSED? NAY . OKAY. MOTION PASSES. SIX TO ONE. AYE. THE NEXT ONE IS, I THINK IT'S H FIVE CITIZEN PARTICIPATION. THIS TAKES THAT LANGUAGE THAT TALKED ABOUT PROHIBITING CITIZENS FROM MAKING PERSONAL ATTACKS OR USING PROFANITY OR OTHER, UM, SLURS OUT, UM, BASED ON FIRST AMENDMENT ISSUES. UM, AND INCLUDES THAT DISCUSSION OF PERSONNEL MATTERS EXCEPT TO THE EXTENT THAT THEY DISCUSS. EMPLOYEES WHO REPORTED BY CITY COUNCIL WILL NOT BE ALLOWED THREATS OR DISRUPTIVE LANGUAGE OR ANY OTHER DISORDERLY CONDUCT AS DEFINED BY STATE OR, OR LOCAL LAW. IT ALSO HAS A PROVISION THAT REQUIRES THAT EITHER THE, THE MAYOR OR CHAIR, WHICHEVER IS IN EFFECT AT THAT TIME. UM, MUST TAKE ANY ACTIONS IN A MANNER THAT IS BOTH CONTENT AND VIEWPOINT NEUTRAL. AND THAT IF ANY COUNCIL MEMBER BELIEVES THAT A COUNCIL MEMBER THAT THE MAYOR OR CHAIR IS NOT ACTING IN A WAY THAT IS CONTENT OR VIEWPOINT NEUTRAL, THAT COUNCIL MEMBER MAY CALL A POINT OF ORDER. SO THE THOUGHT PROCESS BEING, IF A MAYOR TRIES TO INTERRUPT SOMEBODY WHO'S SPEAKING OUT AGAINST AN ITEM BUT ALLOWS SOMEBODY TO TALK FOR EXTRA TIME WHEN THEY'RE SPEAKING FOR AN ITEM, THEN A COUNCIL MEMBER COULD OBJECT WITH THE P OF ORDER. ALRIGHT, DISCUSSION. COUNCIL MEMBER MCGEENEY, THAT ALL SOUNDS VERY REASONABLE. MM-HMM . WOULD YOU LIKE TO MAKE A MOTION? I MAKE A MOTION TO APPROVE THAT SECTION. SECOND. GOT A MOTION BY COUNCIL MEMBER MCKINNEY AND A SECOND BY COUNCIL MEMBER HARRIS. ALL IN FAVOR SAY AYE. I JUST WANT A DISCUSSION REAL QUICK. SORRY. UM, USE OF PROFANITY. I GET IT. UM, HOWEVER, THE ETHNIC, RACIAL OR GENDER ORIENTED SLURS, UM, I DON'T THINK SOMEONE SHOULD BE ABLE TO COME UP TO THE MIC AND USE THE N WORD WITH A HARD RI DON'T KNOW THAT I DISAGREE WITH YOU. I DO THINK IT'S POSSIBLE THAT THERE'S SOME CASE LAW THAT MIGHT YEAH, I DON'T THINK THESE ARE THINGS THAT ANYBODY WANTS. I WOULD HOPE TO GOD SOMEONE FROM, I GREW UP IN THE MIDWEST AND I NEVER HEARD THAT WORD UNTIL I MOVED SOUTH. SO I WOULD YEAH, I WAS ABOUT TO SAY IT'S, IT'S USED HERE A LOT UNLESS YOU TELL PEOPLE YOU CAN'T USE IT. UM, BUT WHAT I'M SAYING IS UNFORTUNATELY THERE IS THE ABILITY TO PROTECT THAT SPEECH BY CASE LAW AND THAT'S NOT SOMETHING THAT I AGREE WITH. THERE'S A LOT OF THINGS WE DO NOT AGREE WITH. THERE ARE LIMITATIONS. I MEAN, TO THE POINT THAT IT CAUSES A DISRUPTION IN THE MEETING TO THE POINT THAT IT RIGHT CONSTITUTES A THREAT OR THAT IT MAKES IT DIFFICULT FOR THIS PROCESS TO CONTINUE. 'CAUSE THIS IS AN OPEN MEETING. WE WANNA BE ABLE TO GET OUR BUSINESS DONE, THEN OF COURSE WE WOULD BE ABLE TO STEP IN. BUT BEYOND SOME SORT OF DISRUPTION, DISRUPTION OR ACTUAL DISORDERLY CONDUCT, IT GETS VERY DIFFICULT. I MEAN, THERE'S A, LIKE THE, THE PARAMOUNT PREEMINENT CASE ON ON, UM, ON FIRST AMENDMENT FREE SPEECH, IT HAS A GUY WEARING A SHIRT THAT SAYS F THE DRAFT ON IT. I MEAN THAT'S THAT AND THAT WAS PROTECTED AND IS FULLY PROTECTED. YEAH, I HAVE A COMMENT AS WELL. COUNCIL MOSA. UM, THANK YOU. SO WHEN WE SAY THAT YOU CAN ONLY DISCUSS EMPLOYEES THAT ARE APPOINTED BY CITY COUNCIL, UM, THEN IF SOMEBODY HAS A NEGATIVE INTERACTION WITH A POLICE OFFICER, WE CAN SAY NO, YOU CAN'T SPEAK ABOUT THAT UP HERE BECAUSE THEY'RE NOT APPOINTED BY THE CITY COUNCIL. SO I FEEL LIKE THAT'S KIND OF LIMITING, UM, LIKE FOR GENUINE ISSUES THAT THEY MIGHT HAVE AS THEY'RE, YOU KNOW, GOING AROUND IN THE COMMUNITY OR IF THEY EVEN HAVE A COMPLIMENT, YOU KNOW, FOR SOMEBODY WHO'S ON STAFF. SO, YOU KNOW, DO WE REALLY NEED TO GO THAT FAR? WELL, I DON'T THINK THAT'S WHAT IT MEANS. I DON'T THINK PERSONNEL, IT'S LIKE IF SOMEONE COMES UP HERE AND STARTS TALKING ABOUT PERSON, LIKE THIS PERSON WAS, YOU KNOW, LIKE, THINK ABOUT IT. LIKE IF YOU'RE AT WORK, YOU CAN'T DISCUSS, LIKE YOUR BOSS CAN'T DISCUSS WHY YOU WERE FIRED. THAT'S A PERSONAL ISSUE. YOU CAN'T DISCUSS YOUR PERSONAL, LIKE WHAT'S IN YOUR FILE. LIKE ALL THAT STUFF IS PROTECTED. THE I THE IDEA BEHIND IT WAS THAT IF YOU HAVE A COMPLAINT OR RECOMMENDATION ABOUT A CITY EMPLOYEE WHO DOES NOT REPORT TO COUNCIL, THAT SHOULD GO TO THE CITY MANAGER OR POTENTIALLY THROUGH HR BECAUSE THE CITY, THE CITY COUNCIL DOESN'T HAVE ANY AUTHORITY TO RE REQUIRE THAT THAT PERSON BE FIRED TO TAKE ANY KINDA DISCIPLINARY ACTION ON THAT PERSON. IT'S WITH, IT'S OUTSIDE OF YOUR PURVIEW. THIS WAS JUST BASED ON OUR DISCUSSION IN APRIL. IF COUNCIL WANTS TO CHANGE IT, YOU'RE WELCOME TO. BUT THE DISCUSSION IN APRIL WAS THAT BECAUSE THAT'S WHAT'S GONNA, THAT THAT, THAT WAS THE REASON THAT'S IN THE CURRENT RULES. AND COUNSEL SUGGESTED CHANGING IT AT THAT TIME TO SAY TO THE EXTENT THAT, EXCEPT TO THE EXTENT THAT THEY ARE APPOINTED BY COUNSEL. [05:20:01] SO IF SOMEBODY WANTS TO GET UP HERE AND SAY ALL KINDS OF TERRIBLE STUFF ABOUT ME, THAT WOULD BE FINE BECAUSE I I'M APPOINTED BY YOU. HMM. I JUST THINK SOMETIMES THAT PEOPLE, MAYBE THEY'RE NOT GETTING THE RESPONSE THAT THEY WANT AND SO THEN, YOU KNOW, THIS IS THEIR TIME TO SPEAK OUT AND SPEAK UP TO US. AND THEN EVEN THOUGH WE CAN'T HAVE AN INFLUENCE ON THAT, IT'S AT LEAST BEING ABLE TO GO BACK TO OUR CITY MANAGER AND SAY, CAN WE, CAN YOU LOOK AT THAT AND YOU KNOW, LET US KNOW WHAT HAPPENED. UM, SO I'M, I'M NOT IN FAVOR OF LIMITING THAT, BUT YOU KNOW, I'LL GO WITH WHAT THE REST OF THE COUNCIL WANTS UNDER THIS. UH, THE WAY THAT IT AS WRITTEN THOUGH, IT DOES ALLOW FOR, FOR THAT. LIKE THIS IS SPECIFICALLY ABOUT PERSONNEL AND EMPLOYMENT MATTERS. UM, LIKE THAT THAT'S THE PART WE'RE SAYING LIKE YOU CAN'T TALK ABOUT JUST THOSE THINGS FOR PEOPLE WHO ARE NOT APPOINTED BY CITY COUNCIL. BUT EVERYTHING ELSE YOU CAN COME TALK ABOUT. UM, IT WOULD BEHOOVE ME IF WE HAD A DEFINITIONS SECTION SO THAT WAY PEOPLE UNDERSTOOD EXACTLY HOW IT IS THAT WE'RE DEFINING THESE THINGS. UM, SO LIKE FOR EXAMPLE, LIKE, YOU KNOW, PERSONNEL AND EMPLOYMENT, RIGHT? LIKE THAT THOSE COULD BE DEFINED, UM, JUST TO MAKE IT CLEAR LIKE, HEY, YOU CAN COME AND TALK TO US ABOUT LIKE INTERACTIONS AND WHATNOT, BUT WHEN IT COMES TO LIKE THE ACTUAL, YOU KNOW, FIRE THIS PERSON, I DEMAND THAT YOU ACT ON IT, YOU KNOW, RIGHT NOW. AND IT'S SOMEONE THAT WE DON'T HAVE ANY PURVIEW OVER. THAT'S WHAT THIS IS SAYING. WE'RE HIRING, YOU KNOW, THE DIRECTOR, THE COUNCIL HAS NO AUTHORITY OVER YOU COME OUT AND SAY, I DEMAND THAT YOU, YOU KNOW, I WANT YOU TO HIRE THIS PERSON 'CAUSE THEY'RE FANTASTIC. AND COUNCIL'S JUST SITTING HERE GOING, OH, MAYBE THEY'RE, BUT I CAN'T DO ANYTHING ABOUT THAT. COULD MISS JULIE BEGS . I'M HOPING THAT SHE CAN KINDA HELP US OUT MAYBE, UM, 'CAUSE I, I AGREE THAT PEOPLE SHOULD BE ABLE TO COME UP AND COMPLAIN, BUT I THINK PERSONNEL AND EMPLOYMENT MATTERS ARE, SHOULD BE OFF. CAN YOU KIND OF HELP US UNDERSTAND WHAT THAT WOULD LOOK LIKE IF SOMEBODY WERE TO COME UP HERE AND TALK ABOUT SOMETHING THAT WE WERE NOT ALLOWED TO DISCUSS OR WE SHOULDN'T BE DISCUSSING? CERTAINLY JULIE BEGGS, HR DIRECTOR FOR THE CITY. I'VE TYPICALLY SEEN THE SAME PATTERN THAT AMY HAS. THAT IF SOMEONE COMES UP AND HAS HAD A NEGATIVE OR CONCERNING INTERACTION WITH STAFF, UM, OR UNRESPONSIVE, UM, BY CITY STAFF, THAT THAT'S DIRECTED TO THE CITY MANAGER. AND THE CITY MANAGER TYPICALLY WILL HAVE STAFF FOLLOW UP SO THAT WE CAN FIND OUT A LITTLE FACT FINDING WHAT'S HAPPENING. UM, WHAT WE DON'T WANT IT TO TURN INTO IS A PERSONAL ATTACK BECAUSE MAYBE THEY WANNA BRING UP THEIR PERSONAL BUSINESS, WHICH IS OUTSIDE THEIR ROLE WITHIN THE CITY. SO I'VE SEEN THAT VERY SIMILAR MODEL UNLESS IT'S SOMEBODY WHO'S DIRECTLY REPORTING TO Y'ALL OR YOU A POINT. OKAY. DOES THAT MAKE SENSE? YEAH. AND YOU KNOW, AND I HATE TO EVEN SAY THAT WE NEED A DEFINITION PAGE, BUT I AGREE. I THINK SOMETIMES SOME OF THESE THINGS ARE REALLY VAGUE AND WE NEED TO BE ABLE TO DEFINE THIS LIKE THAT. THIS WOULD BE A PERFECT EXAMPLE OF PERSONAL VERSUS PERSONNEL AL. SO I DON'T KNOW IF WE WANNA DO THAT. YOU'RE LIKE, NO , I MEAN WE, WE CAN PUT THANK YOU JULIE. WE CAN PUT SOME MORE LANGUAGE TRYING TO CLARIFY WHAT THAT'S SUPPOSED TO BE AND I'LL, OKAY. WHAT I'M GONNA DO ON THAT ONE IS I'M GONNA PROPOSE IT AND SEND IT OUT AND SEE IF I GET SUGGESTED CHANGES OR OBJECTIONS. OKAY. SO WE HAVE A, A MOTION END A SECOND. ARE THERE ANY OTHER CONCERNS OR CONVERSATIONS? I THINK TOBY IS JUST FALLING ASLEEP. I AM. OKAY. SHOULD WE CUT IT SHORT? THERE'S JUST ONE MORE LIST. YES. OKAY. ALL RIGHT. SO ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? UH, PASSES. SEVEN ZERO. OKAY. THE NEXT ONE IS ON ALLOWING MESSAGES ON SIGNS OR SHIRTS THAT ARE NOT DISRUPTIVE TO THE MEETING. SO IT'S CLEAR THAT WE'RE NOT BANNING SIGNS IN GENERAL. HOWEVER, THEY CANNOT BE DISRUPTIVE TO THE MEETING. AND AGAIN, THAT IF THE MAYOR OR CHAIR TAKES AN ACTION TO PROHIBIT A SHIRT OR A SIGN, THAT THAT ACTION MUST BE VIEWPOINT NEUTRAL CONTENT, BOTH CONTENT AND VIEWPOINT NEUTRAL. AND IF COUNCIL MEMBER DOESN'T BELIEVE THAT THAT'S THE WAY IT OCCURRED, THEY CAN OBJECT WITH THE POINT OF ORDER. I'D LIKE TO MAKE A MOTION TO APPROVE. SECOND. OKAY. I HAVE A MOTION BY COUNCIL MEMBER SADA AND A SECOND BY MYSELF. ALL IN FAVOR SAY AYE. AYE. OPPOSED? OKAY. PASSES SEVEN ZERO. NEXT ONE IS THE COUNCIL ATTENDANCE PROVISIONS. THAT WAS BACK UP, UM, EARLIER. THAT WAS NUMBER SIX UNDER THE COUNCIL. ADAM, I THINK IT'S IN TWO PLACES, RIGHT? YEP. YEP. I THINK IT IS. THAT'S PROBABLY WHY I HAVE IT IN HERE IN A WEIRD PLACE. YEAH. DO SHOULD WE JUST TAKE OFF NUMBER SE SIX AND THEN JUST USE NUMBER ONE BECAUSE I'M CONFUSED WHY IT'S IN THERE TWICE. I'M OKAY WITH THAT. CAN WE DO THAT YOU GUYS? OKAY. LIKE IF YOU GO PAGE FOUR, THIS TALKS ABOUT ATTENDANCE AND THEN ON PAGE 10 IT ALSO TALKS ABOUT ATTENDANCE. YEAH. [05:25:01] ARE WE OKAY WITH ELIMINATING THE ONE ON PAGE FOUR? MM-HMM . OKAY. I'D LIKE TO MAKE A MOTION TO UM, DELETE NUMBER SIX UNDER ATTENDANCE ON PAGE FOUR. SECOND. OKAY. I GOT A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. POST. OKAY. MOTION PASSES. SEVEN ZERO. ALRIGHT, GOING BACK TO PAGE 10 ALL. SO PAGE 10 UM, HAS CHANGES THAT MAKE THE ABSENCE PROVISION MORE IN LINE WITH THE CITY CHARTER SECTIONS 3.06 AND 3.09, WHICH, UH, WERE RECENTLY AMENDED TO PROVIDE INFORMATION ON WHAT GOOD, GOOD AND SUFFICIENT CAUSE IS TO MISS A MEETING. UM, SO IT PRO IT REQUIRES COUNCIL MEMBERS TO REVIEW THE SECTION OF THE CHARTER AND THEN IT REQUIRES COUNCIL MEMBER, IT HAS LANGUAGE ABOUT, UH, AN EXCUSED ABSENCE. LIKE IF COUNCIL EXCUSES THE ABSENCE, THEN IT'S DEEMED TO BE GOOD AND SUFFICIENT CAUSE AND THE COUNCIL MEMBER WOULD NOT FORFEIT THEIR PAY. AND THEN I REMOVED SEVERAL SECTIONS THAT TREATED REGULAR MEETINGS AND SPECIAL MEETINGS DIFFERENTLY BECAUSE THE CHARTER DOESN'T SPECIFICALLY DO THAT. BUT WE DO HAVE THE OPTION TO EXCUSE ANY ABSENCE AND SO THAT WE KEEP YOU FROM FORFEITING YOUR PAY. THERE WAS SOME DISCUSSION AT THE LAST MEETING ABOUT A PROCESS TO REQUEST THE EXCUSE ABSENCE. SO WE MIGHT WANNA ADD SOMETHING IN THERE AS WELL. YEAH, I THINK THE GOOD AND SUFFICIENT CAUSE IS VAGUE AND I THINK WE NEED SOMETHING A LITTLE BIT. UM, 'CAUSE I DON'T KNOW WHAT GOOD INSUFFICIENT IS. THE CHARTER HAS SOME EXAMPLES IN IT, SO OKAY. I CAN PULL THOSE IN. OKAY. YEAH, 'CAUSE I SAW SECTION 3 0 6 AND 3 0 9. UM, BUT IF YOU'RE JUST READING THE RULES OF COUNSEL, YOU'D HAVE TO GO BACK AND LOOK. I PULL THOSE IN, LOOK AT THE CHARTER. UM, SO YEAH, IF WE CAN DEFINE THAT A LITTLE BIT BETTER FOR ITEM NUMBER ONE. UM, IT STILL HAS LANGUAGE IN HERE THAT SAYS, WHICH REQUIRES THE COUNCIL MEMBERS TO FORFEIT PAY. WAS THAT NOT A CHARTER AMENDMENT THAT WE DID LAST YEAR THAT STRUCK THAT PROVISION REGARDING PAY? YOU ARE STILL REQUIRED TO FORFEIT YOUR, YOUR PAY IF YOU MISS WITHOUT GOOD AND SUFFICIENT CAUSE. OKAY. SO IF YOU FAIL TO ATTEND A MEETING WITHOUT GOOD AND SUFFICIENT CAUSE OR PAYMENT, YOUR PAY FOR THAT MEETING FOR THAT PERCENTAGE OF THE MONTH IS FORFEIT. HOWEVER, IF YOU HAVE GOOD AND SUFFICIENT, CAUSE THE IDEA HERE IS THAT IF YOU GET THE, IF YOU GET YOUR ABSENCE APPROVED BY COUNSEL, THAT IS THE COUNSEL MAKING A FINDING THAT YOU DID HAVE GOOD AND SUFFICIENT CAUSE TO MISS THE MEETING AND THEREFORE YOU WOULD STILL GET YOUR PAY. OKAY. AND WE'RE GONNA BETTER DEFINE GOOD AND SUFFICIENT CAUSE, RIGHT? YES. I'M GONNA COPY IT OUTTA THE CHARGER. IT'S GOT SOME EXAMPLES SUCH AS, YOU KNOW, PRE-PLANNED WORK TRIPS. SO WHEN A MEETING WAS SCHEDULED AFTER THE WORK TRIP WAS SCHEDULED OR SOMETHING ALONG THOSE LINES. OKAY. OR I'D LIKE TO MAKE A MOTION TO, OH, SORRY. I I WAS GONNA SAY I, I'M A LITTLE CONFUSED ON HOW IT'S WRITTEN BECAUSE WE'RE SAYING THE COUNCIL MEMBER FAILED TO ATTEND WITHOUT GOOD INSUFFICIENT CAUSE VERSUS SOMETHING LIKE SAYING LIKE, THE COUNCIL MEMBER WAS EXCUSED, THEREFORE THEY CAN GET THEIR PAY. THE COUNCIL MEMBER WAS UNEXCUSED, SO THEREFORE THEY CAN'T GET THEIR PAY BECAUSE, AND NUMBER NUMBER TWO IS INTENDED TO ADDRESS THAT. BUT WE CAN MAKE THAT CLEAR IF YOU WOULD PREFER. SO NUMBER TWO SAYS IF THE COUNCIL OF ABSENCE IS EXCUSED, SUCH ABSENCE SHOULD BE CONSIDERED TO HAVE BEEN GOOD, INSUFFICIENT CAUSE. AND THE COUNCIL MEMBER DOES NOT FORFEIT PAY. I THINK IT'D BE MORE CLEAR IF WE JUST INCORPORATE IT INTO THAT FIRST PART. OKAY. SO PUT ONE AND TWO TOGETHER, RIGHT? YEAH. BASICALLY. YEAH. CONSOLIDATE. THAT'S RIGHT. AND THEN WERE WE ADDING IN, AMY MENTIONED, UM, ANYTHING AS FAR AS WHO YOU'RE NOTIFYING, IF YOU'RE GONNA BE ASKED FOR A MEETING THAT'S ACTUALLY IN THERE. YEAH. SO NUMBER FOUR, IT SAYS, UM, COUNCIL MEMBER WHO WISHES TO HAVE THEIR ABSENCE OR TARDINESS EXCUSE SHOULD WHEN POSSIBLE INFORM THE MAYOR OR MAYOR PRO TEM PRIOR TO THE ABSENCE OR TARDINESS OCCURRING. BUT IT DOES SAY WHEN POSSIBLE. YEAH, THAT'S, AND I SAID SOMETHING AT THE LAST MEETING AND THINKING THAT WE HAD TO APPROVE IT AT THE NEXT MEETING. THAT'S ACTUALLY NOT TRUE. I REMEMBER WE APPROVED ONE LIKE A MONTH LATER LAST YEAR OR THE YEAR BEFORE. SO THAT'S ANOTHER THING IS DO WE WANT TO EXCUSE BY NO, IT HAS TO BE YEAH. THAT IT SHOULD, THAT. WELL, FOR ONE, I FEEL LIKE THEY NEED TO INFORM, THEY CAN INFORM THE CITY MANAGER, MAYOR OR MAYOR PRO TEM AND NOT WHEN POSSIBLE. UM, I JUST THINK THEY, THAT THEY NEED TO INFORM ONE OF THOSE THREE. UM, I'M A MOM SO I THINK IF YOU'RE NOT HERE AND YOU DON'T TELL ME YOU'RE PROBABLY DEAD. OKAY. I'M GONNA BE, DON'T LET GET ON THIS. IF I'M IN THE HOSPITAL, I'M PROBABLY NOT GONNA INFORM THE MAYOR, THE MAYOR OR THE CITY MANAGER BEFORE THE MEETING. ESPECIALLY IF I'M AT AN AMBULANCE ON THE WAY TO THE HOSPITAL ON THE WAY. SO AS LONG AS THERE'S SOME LENIENCY FOR STUFF, LIKE THAT'S FINE. FOR YEAH, FOR SURE. FOR SURE. YEAH. I WAS GONNA SAY IN, IN CASE OF LIKE AN EMERGENCY IN THE ABSENCE OF EXTRAORDINARY CIRCUMSTANCES TO TO BE JUDGED BY COUNSEL. YES. YEAH. 'CAUSE WHEN MY APPENDIX BURST LAST YEAR, I WAS LIKE, I DIDN'T TELL WORK. 'CAUSE I WAS, I WAS KNOCKED OUT IN SURGERY. SO GOOD. GOOD. WE UNDER THAT? YEAH. UNLESS IT'S AN EXTENUATING CIRCUMSTANCE. YEAH, THEY CAN. AND I, I DON'T, SOME PEOPLE MAY NOT WANNA INFORM ME OR THE PROAM. SO CITY MANAGER WOULD ALSO BE SUFFICIENT, I THINK. OKAY. SOUNDS GOOD. YOU GONNA VOTE ON THAT ONE? UM, YEAH. SO WE'RE GONNA VOTE. WE NEED TO GO BACK AND VOTE ON COMBINING ONE AND [05:30:01] TWO. YES. OKAY. JUST DO IT ALL AS ONE. WE GONNA VOTE OKAYING ONE AND TWO. ONE AND TWO ADDING THE, IT HAS TO BE DONE BY THE NEXT REGULAR MEETING. AND IN THAT THEY INFORM THE MAYOR MAYORAL TIMBER CITY MANAGER. ALL RIGHT. WHO'S GONNA DO THAT MOTION? MIKE MCKINNEY. YOU ARE . UM, SO MOVED. MAKES ME, YEAH. MAKE A MOTION AS STATED . OKAY. MAKE A MOTION AS STATED. I SECOND THAT. UH, ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? UH, PASSES. SEVEN ZERO. OKAY. AND THEN I ADDED SECTION K TO THE BOTTOM HERE, WHICH IS, COUNCIL WILL MAKE A GOOD FAITH EFFORT TO RESPOND TO INQUIRIES FROM THE COMMUNITY. SUCH RESPOND MAY INCLUDE AN ACKNOWLEDGEMENT OR REFERRAL TO STAFF. I THINK THIS ONE WAS, WAS SUGGESTED BY THE MAYOR. I CAN'T RECALL. UM, IT'S GETTING KINDA LATE, BUT I DON'T KNOW IF WE HAD CONSENSUS ON THIS ONE. I PUT IT IN, LET'S SEE WHAT COUNCIL WANTS TO DO. YEAH, I THINK EVEN JUST IN OUT OF OFFICE, LIKE, YOU KNOW, YOUR EMAILS, THE FRUSTRATING PART IS WHEN NO ONE, AND THIS IS NOT THIS COUNCIL, RIGHT? BUT I'VE, I'VE BEEN ON I COUNSEL BEFORE AND WHEN NOBODY RESPONDS, IT'S KIND OF FRUSTRATING TO THE RESIDENTS. UM, SO AN OUT OF OFFICE, SOMETHING SHOWING, JUST SAYING, HEY, YOUR EMAIL'S BEEN RECEIVED. I DON'T KNOW HOW YOU GUYS FEEL ABOUT THAT, BUT NO, I FEEL LIKE AN AUTO RESPONSE IS NOT A RESPONSE. I MEAN, IT'S JUST, IT'S JUST A CANNED YES. I GOT AN EMAIL FROM YOU. SO WHAT DO YOU THINK WE SHOULD DO? WHAT DOES, WHAT DOES IT ACTUALLY DO? I LOOK, I RESPOND. SO I'LL ALSO TELL YOU LIKE, THERE HAVE BEEN SOME EMAILS THAT I'VE GOTTEN THAT I'M LIKE, THAT IS NOT BEING RESPONDED TO. LIKE, IT WAS AN INAPPROPRIATE EMAIL. LIKE IT WAS NOT ACCEPTABLE. YOU DON'T TALK TO PEOPLE LIKE THAT. UH, YOU KNOW, YOU WOULD NEVER SAY THAT IN PERSON. UM, THERE, THERE, THERE ARE TIMES WHERE IT'S, IT'S NOT NECESSARY TO RESPOND. OKAY. SO IF SOMEONE WANTS TO MAKE A MOTION TO REMOVE IT, YOU'RE MORE THAN WELCOME. I'LL MAKE THAT MOTION. OKAY. SECOND. GOT A MOTION BY COUNCIL MEMBER MEMBER MCKINNEY AND A SECOND BY MAYOR PROTI. ALL IN FAVOR SAY AYE. AYE. OPPOSED? NAY. MOTION PASSES. SIX TO ONE. OKAY. WAIT. BEFORE WE LEAVE, I DO WANNA DO, UH, ITEM FOUR. OH, I STILL HAVE A FEW MORE. OKAY. ALL RIGHT. SO I NEED TO GO BACK TO PAGE 12 WHENEVER YOU'RE DONE. OH, ITEM FOUR ON PAGE 12. OKAY. SORRY. THAT'S OKAY. AND WE CAN DO THAT ONE FIRST. 'CAUSE THE, THE, THE OTHER ONE I HAVE ON THIS SLIDE IS JUST PROCEDURAL RULES THAT ARE RELATIVELY SMALL. OKAY. SO, UM, COUNSEL MAY REQUEST AND ATTEND MEETINGS WITH STAFF WITH, OR I DON'T EVEN LIKE WITH OR WITHOUT CITY MANAGER. I'D LIKE TO TAKE THAT OUT, UM, WITH NOTICE TO THE CITY MANAGER. SO COUNCIL MAY REQUEST AND ATTEND MEETINGS WITH STAFF WITH NOTICE TO THE CITY MANAGER. I DON'T THINK IT HAS TO BE TOO COMPLICATED. I THINK AS LONG AS THE CITY MANAGER IS AWARE THAT WE'RE MEETING WITH STAFF, AND THAT COULD BE A CC THAT COULD BE WHATEVER YOU GUYS WANT IT TO LOOK LIKE. I DON'T THINK WE NEED TO EXPRESS PERMISSION BECAUSE I THINK THAT WAS A LITTLE EXCESSIVE AT THAT, THAT TIME. , HOW DOES OUR CITY MANAGER FEEL ABOUT THAT? I'M FINE WITH THAT. YEAH. IT, IT DOESN'T, WE DON'T HAVE TO HAVE EXPRESS PERMISSION, BUT IT, I THINK IT SHOULD BE REQUIRED TO HAVE HIM CC'ED OR LET 'EM KNOW THAT WE MET WITH STAFF. UM, I DO NOT, DO YOU FEEL LIKE IT SHOULD BE REVISITED IF THERE'S EXCESSIVE DEMANDS FOR MEETINGS OCCUPYING OUR STAFF TIME. SO I WOULD TRUST THAT WE WILL HEAR FROM OUR INTERIM CITY MANAGER IF THAT BECOMES PROBLEMATIC. I MEAN, AS IT IS NOW, YOU CAN STILL MEET WITH STAFF EXCEPT FOR YOU HAVE TO HAVE EXPRESSED PERMISSION FROM THE CITY MANAGER. I'M SAYING YOU JUST HAVE TO NOTICE THE CITY MANAGER. MM-HMM . OKAY. AND THEN I GUESS ON THE SIDE OF THE EMPLOYEE, IF THEY DON'T FEEL COMFORTABLE, MEANING WITH, UM, SOMEBODY WHO MIGHT HAVE REQUESTED THAT THEY WOULD HAVE THE OPTION TO NOT CORRECT QUESTION. OKAY. I WOULD CERTAINLY HAVE THE OPTION TO REACH OUT TO THE CITY MANAGER, I WOULD IMAGINE. OR ASK FOR THE CITY MANAGER TO ATTEND AS WELL. YES. WELL, HE'S GONNA BE NOTIFIED AT ALL TIMES. AND THEN IF STAFF WANTS HIM THERE, THEN THEY CAN REQUEST THAT FOR SURE. I SEE WHAT YOU, I SEE WHAT YOU'RE SAYING. IF I'M LOWER LEVEL STAFF, I MAY FEEL LIKE TALKING TO THE MAYOR IS, YOU KNOW, SCARY. MM-HMM . AND I MAY WANT MAYBE TO BRING MY SUPERVISOR, MY DIRECTOR, ASK THE EMERGENCY MANAGER IF SOMEBODY COULD ATTEND WITH ME. YES. THAT'S ABSOLUTE COUNCIL'S TOTALLY COMFORTABLE WITH STAFF DOING THAT. I THINK THAT'S FINE FOR US TO TELL STAFF TO DO. YEAH. I DO NOT WANNA SEE SOMEONE IN THE CLASSROOM BERATING ANOTHER, UH, MEMBER OF STAFF. SO YES, WE'RE TRYING TO AVOID THAT TOO. BUT I THINK OVERALL, AS LONG AS WE NOTICE HIM, AND I ALWAYS CC HIM ANYTIME, SO I THINK THAT'S THE EASIEST WAY TO DO IT. BUT ON THE, ON THE EXTREME OFF CHANCE THAT THE CITY MANAGER HAS A PROBLEM WITH THAT MEETING IS DO WE WANT TO CREATE A PROVISION FOR THAT? LIKE IF THE CITY MANAGER DOESN'T WANT THIS MEETING, LIKE, LIKE, LIKE YOU LOOPED HIM IN, HE IS LIKE, HMM. BAD IDEA FOR, FOR WHATEVER THAT REASON MIGHT BE. I'M JUST TRYING TO THINK OUTSIDE THE BOX. OKAY. BUT WHAT, WHAT WOULD THAT KIND [05:35:01] OF SOLUTION LOOK LIKE? MR. MOHE? . MY BRAIN IS MUSHED. . I KNOW WE'RE ALMOST DONE. I'M SORRY. I DON'T HAVE ANY OBJECTIONS AS LONG AS I'M INTERIM. IF Y'ALL JUST LET ME KNOW. DO YOU FEEL LIKE IF THERE'S A TIME THAT YOU'RE NOT COMFORTABLE WITH THAT, LIKE CAN YOU THINK OF LIKE, HOW WOULD YOU WANT THAT TO, TO LOOK? NO, IT DOESN'T MAKE ME UNCOMFORTABLE AT ALL. OKAY. Y'ALL ARE FREE TO MEET WITH ANYONE ON STAFF. OKAY. ARE YOU OKAY WITH THAT? AND IF, IF WE HAVE ISSUES ALONG THE WAY, I THINK WE CAN ADDRESS IT. YEAH. OKAY. ALL RIGHT. SO I'D LIKE TO MAKE A MOTION TO, UH, AND THEN ITEM J FOUR. J FOUR. YES. AND JUST ADD WITH NOTICE TO THE CITY MANAGER AND TAKE OUT FROM, WITH OR WITHOUT CITY MANAGER. AND THEN ALL THE WAY TO PERMISSION OF THE SO SECOND. GOT A MOTION. SECOND. SECOND. SECOND. WHOLE BUNCH OF SECONDS. I KNOW I GOT A SECOND BY, UH, COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? OKAY. UH, PASSES. SEVEN ZERO. ALRIGHT. WHAT'S SECOND? LAST ONE ON THE SLIDE ARE RECOMMENDATIONS THAT I MADE ON PROCEDURAL RULES. I DON'T WANT TO GO THROUGH THEM ALL. THEY'RE MOSTLY MINOR. UM, THERE'S A WHOLE SECTION THAT GOES THROUGH LIKE WHEN MOTIONS ARE MADE, IF THEY'RE DEBATABLE OR NOT. AND THERE ARE SEVERAL MOTIONS IN THERE THAT WE JUST DON'T USE. SO I JUST TOOK 'EM OUT. UM, LIKE THE MOTION TO ADJOURN INTO EXECUTIVE SESSION. WE DON'T DO THAT. WE JUST GO INTO EXECUTIVE SESSION. UM, AND THEN THERE WAS ANOTHER SECTION WHERE WE WERE CLARIFYING HOW TO AMEND A MOTION THAT ANY COUNCIL MEMBER CAN MAKE AN AMENDMENT TO A MOTION WHILE IT'S SITTING ON THE FLOOR. SO YOU DON'T HAVE TO MAKE THE COUNCIL MEMBER WHO MADE THE MOTION THEN ALSO AGREE TO MAKE THE AMENDMENT THAT JUST SEEMED TOO COMPLICATED. UM, BUT IT'S, THERE'S NOTHING LIKE, I DON'T THINK THERE'S ANYTHING HUGE IN THERE. IT'S REALLY JUST HELP THE FLOW AND MAKE IT MORE IN ALIGNED WITH WHAT WE DO. I THINK THEY'RE GREAT. I, I READ 'EM BEFORE AND I WAS LIKE, YEAH, I DON'T EVEN KNOW WHY WE HAVE THESE IN HERE. LIKE, TO ADJOURN. YEAH. THAT'S NOT EVEN NECESSARY. I HATE QUESTION TO ADJOURN PERSONALLY. . RIGHT. SO DO YOU, THAT'S NUMBER FOUR YOU SAID. AND IT'S ALSO ON PAGE FOUR. UH, THERE, THERE'S MULTIPLE. I WOULD JUST MAKE A MOTION TO ACCEPT THE PROCEDURAL RECOMMENDATIONS FROM THE CITY ATTORNEY AND WE CAN COVER ALL OF THOSE. OKAY. I'D LIKE TO MAKE A MOTION TO APPROVE THE PROCEDURAL CHANGES. SECOND. SECOND. UM, WHO IS OVER HERE TO THE RIGHT? MEDINA? OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. AND THEN THESE ARE THE OPEN ISSUES. THE FIRST ONE WE ALREADY COVERED. YAY. COUNCIL, SORRY IT'S GETTING LATE. IT'S, THE SECOND ITEM WAS SOME DISCUSSION RELATED TO THE EXPANSION, THE ABILITY TO CENSURE AND A CLEAR CENSURE PROCESS. I THINK THIS IS A BIG TOPIC TO GET INTO ALL THE DETAILS ON RIGHT NOW, BUT IF IT'S SOMETHING COUNSEL WANTS US TO EXPLORE AND BRING BACK, THAT MIGHT BE AN OPTION. OR IF COUNSEL HAS A SPECIFIC SUGGESTION ON HOW THEY WANNA DO THAT, PLEASE FEEL FREE DISCUSSION. SAY IF YOU WANT TO HAVE A DISCUSSION ABOUT THAT, WE CAN BRING THAT UP SOME OTHER TIME. YES, I AGREE. OKAY. WELL 'CAUSE THIS IS GONNA COME BACK TO US, RIGHT? WELL, THEY COME BACK ANNUALLY, SO AT A MINIMUM IT WILL COME BACK AFTER THE NEXT ELECTION. OKAY. SO ONCE THIS IS APPROVED, WE'RE DONE. WE'RE DONE FOR NOW. BUT AT ANY TIME COUNSEL CAN TELL ME YOU WANNA MAKE CHANGES AND WE, AND I'M HAPPY TO BRING 'EM BACK. I'M HERE EVERY MEETING. ARE YOU GUYS OKAY WITH THAT? OKAY. YES, WE'RE OKAY. MOVING ON. OKAY. PUBLIC COMMENT. THERE WAS SOME DISCUSSION ABOUT THE POTENTIAL FOR SUBMITTING WRITTEN COMMENT OR SOME OTHER KIND OF COMMENT, NOT IN THE MEETING. UM, I THINK VIRTUAL PUBLIC COMMENT IS A LITTLE BIT DIFFICULT AND REQUIRE IT TO TELL US IT'S POSSIBLE WRITTEN COMMENT I'VE SEEN DONE AS SIMPLE AS HERE'S A GENERAL EMAIL ADDRESS AND IT GETS SENT IN AND IT'S CONSIDERED AS PUBLIC COMMENT THAT COUNSEL CAN LOOK AT AND SEE. WE KIND OF ALREADY HAVE AN EMAIL ADDRESS THAT DOES THAT. SO I DON'T KNOW IF WE NEED A SEPARATE PROCESS. WELL, I WILL SAY I THINK THEY DID SOMETHING FOR, FOR WHEN WE HAD COVID AND IT WAS KIND OF HARD. AM I RIGHT OR NO? DID WE HAVE LIKE COMMENTS THAT PEOPLE COULD HAVE LEFT A MESSAGE DURING COVID? YEAH, DURING COVID WE USED, UM, OUR VIRTUAL LINK. WE HAD AN ABILITY TO LIKE HAVE A WAITING ROOM. UM, SO WE DID DO THAT. I DO THINK MOST CITIES KIND OF STOPPED THAT AFTER COVID. YEAH, THAT'S WHAT I'M SAYING. I I JUST REMEMBER IT BEING, IT WAS DIFFICULT. IT'S DIFFICULT TO, YEAH. AND SO I THINK WE SHOULD, I THINK WE SHOULD LEAVE IT AS IS FOR NOW. AND LIKE I SAID, WE DO ALREADY HAVE AN EMAIL ADDRESS THAT PEOPLE CAN SEND. THE ONLY SUGGESTION MAYBE IS YOU COULD PUT THAT ON THE AGENDA AS LIKE, IF YOU WANNA PAY FULL THE COMMENT AND NOT ATTEND MEETINGS, YOU CAN SEND HERE. WE, BUT IT'S PROBABLY, SO I THINK IT'S ALREADY ON THE WEBSITE SO PEOPLE SEEM TO KNOW ABOUT IT. OH, COUNCIL MEMBER SDA. I THINK THE CONCERN THAT I HAVE HERE IS FOR LIKE DISABILITY ACCESS. SO FOR THOSE THAT AREN'T ABLE TO ACTUALLY PHYSICALLY ATTEND A MEETING, HAVING LIKE A VIRTUAL OPTION MAKES IT SO THAT WAY THEY CAN ACTUALLY USE THEIR VOICE, UM, HERE WITH US. UM, I THINK, 'CAUSE I [05:40:01] WAS THE ONE THAT BROUGHT THIS UP AND, AND FOR ME IT WAS JUST REALLY ABOUT ACCESSIBILITY. UM, YEAH, I DON'T KNOW, IT JUST, BUT YOU SAID THEY HAVE A WAY TO EMAIL US, RIGHT? WE, WE, WE CURRENTLY HAVE A, WHAT WAS IT, KYLE COUNSEL FEEDBACK, EMAIL ADDRESS THAT MM-HMM. UH, YOU GUYS GET A LOT OF EMAILS ON, ON A REGULAR BASIS. AND SO MY ORIGINAL THOUGHT WAS LET'S CREATE AN EMAIL FOR PUBLIC COMMENT. BUT REALLY THEY ALREADY HAVE THAT. WE WOULD JUST GIVE THEM THAT EMAIL AND THEN COUNSEL GETS ALL THE COMMENT AND HAS IT AND IT'S ON RECORD VIA EMAIL. IT'S IN OUR EMAILS. YEAH. COUNCIL MEMBER HARRIS. SO THIS IS FOR SPECIFICALLY FOR THOSE WHO HAVE TROUBLE GETTING HERE TO TESTIFY IN PERSON AND, AND LIKE, UH, COUNCIL MEMBER, UH, ZAPATA SAID TO GIVE THEM A VOICE. THIS IS ESPECIALLY PROBLEMATIC FOR PEOPLE WHO ARE OLDER BECAUSE THEY CANNOT SOMETIMES COME IN. UM, I I REALLY THINK THAT WE NEED TO BE ABLE TO HAVE THAT PUBLIC COMMENT READ, UM, IN THE, IN THE PUBLIC ARENA. JUST AS THOUGH THEY WERE HERE. IF THEY REQUEST THAT COMMISSIONER'S COURT DOES SOMETHING LIKE THAT. CORRECT. THEY READ THE PUBLIC COMMENTS THAT THEY GET. YEAH. THE COUNTY HAS THAT. AND FOR THE MOST PART IT WORKS. UH, IF THERE'S, UH, LIKE A, A MASS EMAIL WHERE A BUNCH OF PEOPLE SEND THE COPY AND PASTE STUFF, THEY JUST COMBINE IT AND JUST READ IT ONE TIME. YEAH. MM-HMM . UH, THE, THE DOWNSIDE OF THAT IS, IS REGARDLESS OF WHAT'S IN THAT EMAIL, THEY HAVE TO READ IT OUT LOUD. MM-HMM. I'LL TELL, I'LL TELL YOU THAT AS OF 2024 IN CORPUS CHRISTI WHEN I WAS WORKING THERE, THEY HAD A WRITTEN PUBLIC COMMENT OPTION. MOST WRITTEN PUBLIC COMMENT WAS JUST PROVIDED TO THE COUNCIL, HANDED OUT TO THEM AS WRITTEN PUBLIC COMMENT. BUT DURING A PUBLIC HEARING, THE CITY SECRETARY WOULD READ THAT WRITTEN COMMENT OUT AS IF THE PERSON WAS PRESENT AT THE PUBLIC HEARING. THEY HANDLED THEM DIFFERENTLY DEPENDING ON WHAT THE ITEM WAS. YEAH. I THINK THAT'S NOT ADEQUATE. UM, I THINK THAT WE NEED TO BE SURE THAT ALL OF OUR CITIZENS HAVE AN OPPORTUNITY TO BE HEARD. AND I THINK BEING ABLE TO READ THEIR COMMENT ALOUD DURING THE PUBLIC COMMENT TIME WOULD BE APPROPRIATE. SO IS YOUR SUGGESTION A WRITTEN COMMENT PROCESS WHERE IT CAN BE READ OUT? YEAH. MM-HMM . BUT ABIDING BY THE RULES THAT THE PEOPLE WHO SPEAK HERE ALSO HAVE TO ABIDE BY? YES. YEAH. IT'S DIFFICULT TO LIMIT WRITTEN COMMENT TO THREE MINUTES. I GUESS THE PERSON READING IT CAN HAVE THE TIMER GOING. YES. THAT'S MY, LIKE IT. SORRY, SOMEBODY'S GONNA SEND YOU 10 PAGES OF COMMENT. WELL, AND WHO ARE WE GONNA HAVE READ IT? IS IT GONNA BE JENNIFER? MM-HMM . I MEAN, WE CAN'T SAY, I DON'T KNOW. I MEAN, YOU GUYS CAN, WE CAN HAVE, WE CAN APPOINT TWO PEOPLE TO READ IT. SO IF COUNCIL MEMBER HARRIS AND COUNCIL MEMBER ZAPA ARE OKAY WITH THAT, I THINK YEAH, LET'S DO THAT. AND THEN THEY CAN READ 'EM, THE COUNCIL MEMBERS CAN READ 'EM. 'CAUSE I DON'T THINK IT'S FAIR TO GIVE THAT TO JENNIFER IF THAT'S, THAT'S OUR RESPONSIBILITY IF WE'RE GONNA SPEAK OUT FOR THEM. BUT MAYOR, IF I MAY, I WOULD RATHER THEM SUBMIT PUBLIC COMMENTS THROUGH MY OFFICE SO THAT WE WOULD HAVE THE RECORD OF IT. THAT'S THE PROCESS. NO, I'M SAYING WHO WAS READING IT? WHO WOULD READ IT OUT LOUD? I DON'T, I DON'T MIND DOING THAT. IF THAT'S THE DIRECTION OF COUNSEL. WE WANNA TIME MY READING. YEAH, THAT'S WHAT I'M SAYING IS THERE'S A LOT OF THINGS AND YOU MIGHT HAVE TO SAY THINGS THAT YOU'RE NOT COMFORTABLE SAYING. AND IT'S THE JOB WE JUST TALKED ABOUT THE I'LL HAVE A FILTER. I'LL READ WHATEVER. YEAH. YEAH. I, I, I THINK WE'RE, AND I TALKED TO A COMMISSIONER AND THEY SAID THEY, THEY SUGGESTED NOT TO OPEN THAT DOOR BECAUSE IT GETS TO BE A LOT. AND SO, UM, UM, I DON'T KNOW. I THINK IT, I THINK OUR MEETINGS ARE ALREADY LATE ENOUGH AND IF WE GET 10 20, UM, I FEEL LIKE IF WE FEEL LIKE WE WANT TO READ, SAY FOR EXAMPLE WE RECEIVE SOMETHING AND YOU WE WANNA READ IT AS COUNCIL MEMBERS, I THINK THAT'S OKAY. BUT I DON'T KNOW WHAT DOES EVERYBODY ELSE SAYING A MOTION ON THIS ONE OR KEEP TALKING. I AM NOT GONNA DO A MOTION. BUT IF SOMEBODY ELSE WANTS TO, THEY'RE MORE THAN WELCOME. ALL RIGHT. MOVING ON. UH, THERE WAS A DISCUSSION ABOUT GIVING COUNCIL MEMBERS THE AUTHORITY TO CALL A SPECIAL MEETING. 'CAUSE CURRENTLY IT'S MAYOR OR CITY MANAGER. WELL, COUNCIL MEMBERS CAN ASK, BUT THEY ALREADY HAVE THAT. AS LONG AS ONE OF US, I MEAN, I TRIED TO CALL A SPECIAL MEETING WHEN I WAS A COUNCIL MEMBER. THAT DIDN'T WORK. UM, AND I WAS OKAY WITH THAT. I THINK WHAT I HAD, I THINK I'M THE ONE THAT HAD SUGGESTED SOMETHING AROUND THIS AND IT WAS LIKE THE MAJORITY OR LIKE THE SUPER MAJORITY OF COUNCIL COULD VOTE TO HAVE A SPECIAL MEETING. SO THEN WE'D HAVE TO PUT AN ITEM ON THE AGENDA FOR COUNCIL TO CONSIDER TO VOTE. UM, WHICH IS FINE. WE COULD DO [05:45:01] THAT. JUST KNOW THAT YOUR SPECIAL MEETINGS GONNA BE AT LEAST SIX BUSINESS DAYS AFTER YOU REQUEST IT SO THAT IT COULD BE ON A . YEAH. YOU'D HAVE TO HAVE A MEETING TO CALL A SPECIAL MEETING. RIGHT. SO SOME CITIES WILL DO A QUORUM MINUS ONE EITHER SOMETIMES, SOMETIMES ADD AN ITEM, SOMETIMES TO CALL A SPECIAL MEETING. AND YOU'LL GET A LOT OF DISCUSSION ON THESE, UH, ABOUT, WELL, YOU KNOW, WE'RE GONNA RUN INTO WALKING QUORUM PROBLEMS BECAUSE IN ORDER FOR ME TO GET TWO FRIENDS TO REQUEST A SPECIAL MEETING, THEN I MAY END UP TALKING TO THREE FRIENDS. 'CAUSE ONE OF 'EM MIGHT SAY NO. AND SO IT GETS, IT GETS TRICKY. UM, I'M PERFECTLY FINE WITH THE SUGGESTION THAT IF YOU HAVE A SPECIAL TOPIC YOU WANT DISCUSSED WITH ITS OWN STAND ON MEETING, YOU PUT AN ITEM ON THE AGENDA SAYING DIRECTOR, CITY MANAGER TO HOLD A SPECIAL MEETING ON THIS AND HAVE COUNCIL VOTE. IT'S JUST, IT'S JUST NOT A WAY TO CALL A FAST SPECIALTY. YEAH. THERE'S NO EMERGENCY MEETING. RIGHT. EMERGENCY MEETINGS ARE HURT ANYWAY. SO, BUT YOU CAN, THEY CAN ALREADY ASK FOR THAT. BUT IF THE CITY MANAGER DECIDES THE AGENDA, HE OR SHE MAY DECIDE NOT TO PUT IT ON THE AGENDA. IT'S TRUE, BUT IT, THE, THE, THE MAYOR CAN ALSO DO THE AGENDA. AND SO IF THE MAYOR'S LIKE, HEY, LET'S, COUNCIL MEMBER SATA WANTS THIS ON THERE, THEN IT'S AT LEAST A DISCUSSION. RIGHT. I MEAN IT'S, I THINK LIKE CURRENTLY THE MAYOR I THINK IS THE ONLY ONE WHO CAN CALL A SPECIAL MEETING APART FROM THE CITY MANAGER. UM, I THINK THE WAY THIS, THE WHAT COUNCIL MEMBER ZAPA IS REQUESTING WOULD WORK IS A COUNCIL MEMBER PUTS AN ITEM ON THE AGENDA REQUESTING A SPECIAL MEETING TO DISCUSS SAY WATER. AND THEN COUNCIL WOULD VOTE WHETHER OR NOT TO REQUEST THAT THE CITY MANAGER BRING A SPECIAL MEETING REGARDING WATER. YEAH. THAT'S CALLED AN AGENDA ITEM. RIGHT. SO THEY CAN ALREADY DO THAT, RIGHT? I THINK THEY PROBABLY CAN, YES. OKAY. MAYBE MINE WASN'T CONCERNING THIS. I THINK MINE HAD TO DO WITH EMERGENCY MEETINGS, NOT SPECIAL MEETINGS. WHICH MAKES MORE SENSE NOW THAT I'M THINKING ABOUT IT. 'CAUSE I, YEAH, I WAS LIKE, I DON'T THINK IT WAS IN RELATION TO SPECIAL MEETINGS. IT WAS IN CASE OF LIKE AN EMERGENCY. OKAY. SO THEN ON AN EMERGENCY SITUATION, THAT'S WHERE WE LOOK AT MAYBE TWO COUNCIL MEMBERS WOULD BE REQUIRED TO CALL IT, OR THREE. IF THAT'S SOMETHING COUNCIL WANTS TO DO, WELL THEN HOW, IF YOU CALL AN EMERGENCY MEETING, THAT'S WITHIN WHAT, 72 HOURS. SO YOU'D HAVE TO TALK TO LIKE HOW WOULD THAT EVEN HAPPEN? EMERGENCY MEETINGS ARE VERY SPECIFIC. UM, BUT I THINK WHAT SHE'S SUGGESTING IS MORE ON AN URGENT ISSUE WHERE WE COULD STILL POST THE THREE BUSINESS DAYS. NOTICE AGAIN, AN ACTUAL EMERGENCY ISSUE IS THERE'S NO WAY TO POSSIBLY POST THE NOTICE IN TIME UNDER THE LAW. SO WE HAD A CATASTROPHIC DAMAGE TO THE CITY AND WE NEED TO HAVE A MEETING SO THAT WE CAN APPROVE MONEY TO FIX THE CATASTROPHIC DAMAGE TO THE CITY. AND WE DON'T HAVE TIME TO WAIT BECAUSE LIKE IT'S CURRENTLY FLOODING AND WE NEED TO FIX IT. RIGHT? VERSUS, UM, WE WANNA TALK ABOUT THIS ITEM. SO WE WOULD HAVE SEVEN, THE THREE BUSINESS DAYS, WHICH IS NOW THREE BUSINESS DAYS INSTEAD OF SEVEN TWO HOURS. NOTICE TO POST. WHEN I BROUGHT IT UP, IT WAS IN RELATION TO LIKE CATASTROPHIC STUFF. NOT NECESSARILY JUST, OH, I WANNA HAVE AN EMERGENCY MEETING BECAUSE IT DOES, BECAUSE WE CAN JUST MEET THE THREE DAY MINIMUM OR DON'T HAVE TO. UM, IT WAS PURELY ABOUT LIKE IF SOMETHING CATASTROPHIC HAPPENS. 'CAUSE I THINK EMERGENCY MEETINGS RIGHT NOW CAN ONLY BE CALLED BY MAYOR, CITY MANAGER PROBABLY. AND SO MY THOUGHT WAS, WELL, WHAT IF BOTH ARE INCAPACITATED? LIKE BOTH ARE ABLE TO, SO WE SUCCESS PLAN IN OUR CHARTER THAT HANDLES THAT. SO I THINK THAT WOULD HELP WITH YOUR CONCERNS. OKAY. IF A SUCCESSION PLAN, IF SOMETHING HAPPENS AND COUNCIL'S MISSING OR THE CITY MANAGER'S INCAPACITATED, THERE'S A LIST FOR WHO STEPS UP. OKAY. YOU KNOW? OKAY. . SO THAT'S IT. UM, I'M GONNA NOW ASK FOR A MOTION TO APPROVE THE RESOLUTION WITH ALL THE AMENDMENTS AS DISCUSSED IN THE MEETING. OKAY. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM. I'M SO SORRY. IS IT 16? 16. 16 WITH THE AMENDMENTS AS STATED. SECOND. OKAY. I GOT A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. OPPOSED? OKAY. I PASSED THE SEVEN ZERO. THANK YOU SO MUCH, COUNSEL. I KNOW THAT WAS A LOT TO TALK ABOUT. YOU DID GREAT. I'M GLAD WE GOT THROUGH IT. ALL RIGHT. UH, WE HAVE ONE MORE AGENDA ITEM. ARE YOU GUYS UP FOR IT? I THINK TOBI IS . WE CAN DO THIS QUICKLY. OKAY. ALL RIGHT. UM, [17) Consider directing the Interim City Manager to provide list of anticipated actions to be taken to resolve the $4,676,580 anticipated deficit in revenue from year end requirements for FY25-26 as presented in the General Fund estimates, including but not limited to reduction in services, materials, and staff salaries and benefits. Report to include current and anticipated staff terminations and resignations, how these responsibilities will be handled, and by whom.] SO UP NEXT WE HAVE AGENDA ITEM 17. CONSIDER DIRECTING THE INTERIM CITY MANAGER TO PROVIDE LIST OF ANTICIPATED ACTIONS TO BE TAKEN TO RESOLVE THE 4.4 MILLION 676,580 ANTICIPATED DEFICIT IN REVENUE FROM YEAR END REQUIREMENT FOR FISCAL YEAR 25, 26, AS PRESENTED IN THE GENERAL FUND ESTIMATES, INCLUDING BUT NOT LIMITED TO REDUCTION IN SERVICES, MATERIALS AND STAFF SALARIES AND BENEFITS REPORT TO INCLUDE CURRENT AND ANTICIPATED STAFF TERMINATIONS AND RESIGNATIONS. HOW THESE RESPONSIBILITIES WILL BE HANDLED AND BY WHOM. ITEM PRESENTERS, LAURA LEE [05:50:01] HARRIS AND MARK MCKINNEY. UM, I BROUGHT THIS ITEM BECAUSE I'M HAVING TROUBLE AS WE'RE TALKING ABOUT BUDGET, KNOWING WHERE WE ARE ON OUR CURRENT BUDGET, UM, AND AS WE GO INTO THE NEW BUDGET YEAR, WE'RE KIND OF CONFLATING WHAT'S GOING ON THIS YEAR, THIS FISCAL YEAR, WITH WHAT WE WILL BE DOING NEXT FISCAL YEAR. SO I, I WOULD REALLY LIKE TO HAVE A, A FEELING HOW WE'RE CLOSING THAT GAP OF REVENUE. I'M NOT ASKING FOR THE CLOSING THE GAP ON THE RESERVE FUND. JUST THAT REVENUE GAP. UM, AND WHAT IS BEING DONE TO DO THAT AND WHAT OUR ESTIMATES ARE THAT WE, BY THE END OF THE YEAR, WE'LL BE DOING COUNCIL MEMBER MCKINNEY. AND, AND I'M, I'M SURE YOU'VE GOTTEN AS MANY, UH, PHONE CALLS, QUESTIONS, EMAILS, UH, FROM, FROM RESIDENTS ASKING, WELL, YOU KNOW, I USED TO TALK TO SO AND SO ABOUT THIS. WHO DO I TALK TO NOW? AND, UH, US NOT HAVING THAT, THAT SUCCESSION PLAN. UM, WE DON'T HAVE ADEQUATE ANSWERS FOR THE MEMBERS OF THE COMMUNITY TO BE ABLE TO SAY, OKAY, THIS IS WHAT WE'RE DOING. THIS IS WHAT HAPPENED. AND NOT, NOT TRYING TO MICROMANAGE THE PERSONNEL DECISIONS, BUT TO BE ABLE TO ANSWER FOR THE COMMUNITY. LIKE, OKAY, THIS IS A CHANGE THAT HAPPENED AND THIS IS WHAT IS BEING DONE AS A RESULT OF THAT CHANGE WOULD BE TREMENDOUSLY BENEFICIAL FOR US. DISCUSSION COUNCIL MEMBER MEDINA. SO I CAN AGREE WITH WHEN SOMEONE IS TERMINATED OR RESIGNED THAT WE'RE PROVIDED THE INFORMATION OF WHO IS TAKING THAT PERSON'S ROLE IN THE INTERIM. UM, BUT I CAN'T AGREE WITH THE SENTENCE THAT IS ASKING FOR ANTICIPATED STAFF TERMINATIONS. I MEAN, WHO GOES AROUND ANNOUNCING TO THE CITY WHO THEY'RE GOING TO BE TERMINATING? I MEAN, THAT'S JUST NOT DONE. THAT'S NOT HOW MANAGEMENT WORKS. WE ALREADY HAD THE ISSUE WITH MANAGEMENT HAVING A CLOSED MEETING AND SOMEONE BREACHING THE CONFIDENTIALITY ABOUT THE POSSIBLE 10% PAY REDUCTION AND THEN THAT'S BROUGHT UP IN PUBLIC WHEN IT SHOULDN'T HAVE BEEN. UM, THAT'S JUST THINGS THAT AREN'T TALKED ABOUT. YOU DON'T TALK ABOUT WHO YOU MAY BE TERMINATING IN THE FUTURE OR WHAT POSITIONS YOU MAY BE ELIMINATING. UM, JUST MY THOUGHT. OKAY. UM, COUNCIL MEMBER GZA, I AGREE WITH COUNCIL MEMBER MEDINA'S POINTS, UH, PARTICULARLY ABOUT ANTICIPATION. UM, YOU KNOW, WE HAD NOT PUBLICLY RELEASED OUR EMPLOYEES OR OUR STAFF THAT HAD BEEN LAID OFF, UH, THAT WAS RELEASED BY SOMEBODY ELSE. UM, AND THEN IT BECAME POLITICAL FODDER ONLINE ABOUT THE DECISIONS THAT WERE BEING MADE. AND SO I THINK THAT ANNOUNCEMENTS NEED TO BE COMING FROM THE CITY ON WHATEVER OUR INTERIM CITY MANAGER DECIDES TO, UH, PUT OUT THERE. BECAUSE YOU DO HAVE A LOT OF PEOPLE THAT GET REALLY CARRIED AWAY ABOUT CERTAIN THINGS. AND I KNOW WE'RE INTENDING ON BEING REALLY TRANSPARENT. UM, BUT THEN THERE'S SOME THINGS THAT YOU HAVE TO CONTROL, UM, JUST IN ORDER TO KIND OF KEEP EVERYTHING FROM, FOR LACK OF A BETTER TERM, GOING TO HELL IN A HAND BASKET. MM-HMM . UM, AND RUMORS BEING SPREAD. UM, SO I THINK THAT, UM, PERHAPS MAYBE JUST LOOKING AT KIND OF WHAT WE WANNA PUBLICLY RELEASE AS AN UPDATE WHEN WE COME TO MEETINGS OR SOMETHING ALONG THOSE LINES, RATHER THAN HAVING A SPECIFIC, OH, HERE'S WHAT'S ANTICIPATED. HERE'S THIS LIKE, JUST KIND OF POINT BY POINT. I FEEL LIKE WE'VE HAD A PRETTY GOOD, UH, UNDERSTANDING AND, AND INFORMATION OF WHEN SOME OF THESE MAJOR CUTS HAVE COME DOWN THE LINE, WHO'S TAKING THEIR PLACE? UM, SO I JUST DON'T FEEL LIKE THIS IS A NECESSARY PRESENTATION. WELL, MAYBE THE FLOW OF INFORMATION TOWARDS YOU HAS BEEN DIFFERENT THAN THE REST OF US THEN, BECAUSE SOME OF US HAVE ASKED FOR THIS INFORMATION AND BEEN TOLD BASICALLY, YOU NEED TO PUT AN AGENDA ITEM, WHICH IS WHAT WE'RE DOING, RIGHT? YEAH. SO, SO THAT'S, YEAH, THAT'S THE REASON FOR IT. MAYOR PROAM DUBUS. YEAH, I THINK, I THINK IT'S FAIR, UH, MR. MCKINNEY AND, UH, DR. HARRIS, YOUR CONCERNS, UM, THERE, THERE, THIS WAS UNFORTUNATE OF THE SITUATION THAT, THAT WE'RE IN AND, AND, UM, THE RESIGNATIONS THAT WE, WE HAVE, WE ACTUALLY SAID GOODBYE TO SOMEBODY ELSE HERE, JUST, UH, RECENTLY. UM, MR. TRIMBLE HAS TAKEN ANOTHER OPPORTUNITY SOMEWHERE [05:55:01] ELSE. UM, I I, NOTHING'S EVER PERFECT, BUT AT THE SAME TIME, I ALSO NEED THE COUNSEL TO UNDERSTAND THAT WHATEVER DECISIONS MR. PERVEZ MOHI HAS MADE, HE DID IT IN THE BEST INTEREST FOR WHAT HE SEES MOVING FORWARD ON THE CITY. BUT IT'S LIKE I'VE TOLD THE MAYOR, ONCE WE GET OUR BUDGET APPROVED, IT GETS APPROVED OR NOT, WE'RE ON THE CLOCK FOR A NEW CITY MANAGER AND MR. MOHE, IF WHETHER HE STAYS ON FOR ANOTHER YEAR OR HE'S, HE'S PRETTY MUCH MIGHT BE DONE IN, IN MAY, IS, UM, WHO'S GONNA BE NEXT IN LINE AND WHAT'S GONNA BE THEIR STYLE? YOU KNOW, HE OR SHE COULD COME IN AND CLEAN HOUSES ON THEIR OWN OR BRING THEIR OWN PEOPLE JUST LIKE MR. LANGLEY DID. SO WE NEED TO BE PREPARED FOR THAT AS WELL OF CHANGES THAT COULD BE COMING. 'CAUSE THERE COULD BE, 'CAUSE NEXT YEAR IS GONNA BE A, A VERY BIG YEAR FOR Y'ALL, FOR ALL OF US. UH, WE'RE GOING INTO A NEW BUDGET AND WE'RE ALSO GONNA BE NEEDING TO HIRE A NEW CITY MANAGER. SO, UM, I I, I DID SEE A LOT OF, UH, FACEBOOK POSTINGS AND, AND A LOT OF PEOPLE WERE CRITICIZING THE WHAT, WHAT DECISION WE MADE BY CHOOSING YOU. AND SOME PEOPLE WERE SAYING THE CITY'S GOING TO HELL IN A HAND BASKET, YOU KNOW, UH, THE CITY'S GOING DOWN THE TUBES. UH, I DON'T THINK IT'S FAIR BECAUSE THERE'S OTHER EMPLOYEES THAT READ THAT AND WHO HAVE GIVEN THEIR HEART AND SOUL TO THE CITY, AND IT'S VERY DISHEARTENING THAT THEY SEE THAT. I JUST THINK THAT, UH, THE DECISIONS THAT, THAT MR. MOHI WAS GIVEN WAS READ OUT LOUD AS FAR AS THE ORDINANCE GOES FOR GIVING HIM THE AUTHORITY NOW HOW HE HANDLED IT OR HOW WE, WE MAY AGREE OR DISAGREE ON THAT END, BUT, UH, IT'S SOMETHING THAT WE, WE, UH, WE SHOULD BE ASKING WHEN WE START INTERVIEWING FOR THE NEW CITY MANAGER, IF THERE'S ANY CHANGES THAT YOU'RE GONNA MAKE, HOW ARE YOU GONNA ADDRESS THEM SO THAT WAY YOU CAN BE PREPARED. WELL, THIS IS, YEAH, THIS IS JUST RELATED TO THE, THIS END OF THE YEAR BUDGET. THAT'S IT. UM, I'M, I WOULD LIKE TO SEE HOW WE ARE BALANCING OFF THAT REVENUE THAT DID NOT COME IN, THAT WE ESTIMATED DIDN'T COME IN. UM, SEE IF THAT NEEDS TO BE UPDATED AND, UH, WHAT EXPENSES ARE, ARE BALANCING THAT OFF. UM, AND IT WOULD BE VERY GOOD TO KNOW, UM, AT LEAST NOT NECESSARILY NAMES. UM, BUT, UH, WE MAY HAVE FIVE NEW, FIVE ADDITIONAL LAYOFFS OR CUT FOUR DIFFERENT POSITIONS. UM, NOT NECESSARILY EXACTLY WHAT THEY ARE, BUT THAT WOULD, AND THAT WOULD SAVE X NUMBER OF DOLLARS. UM, BUT NOT NECESSARILY NAMING THOSE POSITIONS OR THOSE PEOPLE. UM, IT WOULD BE NICE IF WE COULD SAY, YOU KNOW, ONCE THEY'RE GONE, WHO WILL BE FILLING THOSE RESPONSIBILITIES BECAUSE IT IS DIFFICULT TO KNOW WHO TO TALK TO IN THE CITY NOW. UM, MOSTLY I JUST HAND IT OVER TO VES AND SAY, YOU KNOW, GIVE THIS TO THE RIGHT PERSON. UM, SO I THINK BOTH OF THOSE GO HAND IN HAND SO THAT WE KNOW WHERE WE ARE NOW AND WHAT ADJUSTMENTS ARE BEING MADE AND, UM, HOW THAT DEFICIT IS GOING TO BE BALANCED OR IT'S BEING BALANCED. OKAY. COUNCIL MEMBER SADA, AND I AGREE WITH COUNCIL MEMBERS, UH, HARRISON MCKINNEY IN THAT ONE, I THINK THE FLOW OF INFORMATION HAS BEEN VERY DIFFERENT FROM COUNCIL MEMBER TO COUNCIL MEMBER. UM, BECAUSE I JUST REMEMBERED THAT LIKE, FOR EXAMPLE, THE ENDING OF THE, UH, UNIFIED DEVELOPMENT CODE PROJECT, IT WAS ACTUALLY COUNCIL MEMBER HARRIS WHO TOLD ME ABOUT THAT. AND I WAS LIKE, WHAT? WHEN DID WE FIND OUT ABOUT THAT? LIKE, NO ONE TOLD ME THAT INFORMATION. AND SO THAT WAS SOMETHING THAT WAS DECIDED UPON IN ORDER TO HELP SOLVE THAT $4,676,000 GAP. AND SO THERE ARE OTHER QUESTIONS THAT PEOPLE ARE, ARE BRINGING UP AND YES, I, YOU KNOW, WE ALL SEE THE SAME THINGS ONLINE, BUT THAT'S WHAT HAPPENS WHEN YOU LEAVE PEOPLE IN THE DARK. SO [06:00:01] IF WE'RE ABLE TO MOVE PEOPLE OUT OF THE DARK BY BRINGING THIS DISCUSSION TO LIGHT, IT COMES STRAIGHT FROM THE HORSE'S MOUTH, RIGHT? INSTEAD OF EVERYONE TRYING TO FIGURE OUT WHAT'S GOING ON. AND I THINK THIS IS A WAY IN WHICH WE'RE ABLE TO DO THAT, AND IT'S NOT NECESSARILY COMING ONLY FROM ONE OF US ON COUNCIL, IT'S COMING FROM A MORE NEUTRAL VIEWPOINT BECAUSE IT'LL BE COMING DIRECTLY FROM STAFF. AND I ALSO THINK THAT THERE ARE, UH, OTHER EXAMPLES FOR, UH, WITH LIKE, HEY, C-I-S-D-A-I-S-D WHO ARE GOING THROUGH AND THEIR ENTIRE LIKE BUDGET PROCESS WAS ALL DONE PUBLICLY, INCLUDING STAFF CUTS. UM, LIKE ALL OF THAT WAS PUT OUT THERE IN THE MEETING AND EVERYONE FOUND OUT ABOUT IT AT THE EXACT SAME TIME. UM, AND I THINK THIS IS A WAY TO MAKE SURE THAT WE'RE ALSO ABLE TO ANSWER THE QUESTIONS THAT RESIDENTS HAVE. BECAUSE RIGHT NOW, HONESTLY, LIKE AS A COUNCIL MEMBER, I'M GETTING BLAMED FOR MAKING DECISIONS ON ITEMS THAT ARE ON THE CHOPPING BLOCK WHEN I DIDN'T DECIDE FOR THOSE THINGS TO BE ON THE CHOPPING BLOCK IN THE FIRST PLACE. SO I'M HAVING TO EXPLAIN IT TO PEOPLE SAYING, YES, I KNOW I HAD TO MAKE A DECISION, FOR EXAMPLE, ON ALL OF THESE PARKS AND RECS EVENTS, BUT I DIDN'T EVEN MAKE THE DETERMINATION THAT IT WAS PARKS AND RECS EVENTS THAT NEEDED TO BE LOOKED AT IN THE FIRST PLACE. AND SO I THINK THIS WILL GIVE EVERYONE AN EQUAL OPPORTUNITY TO BE ABLE TO SEE WHERE IT IS WE MIGHT ACTUALLY HAVE MORE COST SAVINGS AT. UM, AND I, AND I THINK THAT'S WHERE THIS AGENDA ITEM COMES INTO PLAY AND REALLY HELPS US DETERMINE THAT. AND TO YOUR POINT, COUNCIL MEMBER ZAPATA ABOUT, YOU KNOW, NOT, NOT BEING A PART OF THE DECISION MAKING PROCESS, I JUST WANTED, WE HAD TALKED ABOUT THE UDC DECISION EARLIER, AND I WENT BACK THROUGH MY EMAILS AND IT WAS DIRECTED BY THE FORMER CITY MANAGER FOR STAFF TO LOOK AT ALL EXISTING AND OPEN CONTRACTS AND MAKE DECISIONS ABOUT WHETHER WE COULD CUT THEM. THAT HAPPENED ON APRIL 20TH. AND THEN APRIL 21ST, HE FOLLOWED UP WITH AN EMAIL AND I BELIEVE HE HAD ABOUT A DOZEN ITEMS THAT HE HAD DIRECTED STAFF TO CUT. AND SO SOME OF THOSE DECISIONS HAD BEEN MADE, THOSE IMPORTANT DECISIONS HAD MADE, MADE PRIOR TO THE INTERIM CITY MANAGER COMING IN AND, AND MAKING OTHER, AND I THINK THAT'S FINE. I HAD A PROBLEM WITH IT THEN TOO. SO, YOU KNOW, THIS IS NOT NECESSARILY ABOUT, BUT DID THAT EMAIL GO TO THE COUNCIL? YES, IT WENT TO THE ENTIRE COUNCIL AND I CAME BACK AS RECOMMENDATIONS. HE SAID, I RECOMMEND THESE THINGS. IT WASN'T NECESSARILY THIS MUST BE DONE. SO THOSE WERE RECOMMENDATIONS. AND SO MY ISSUE WITH THAT LANGUAGE WAS THAT THOSE WERE RECOMMENDATIONS THAT WERE MADE, BUT ULTIMATELY IT WASN'T LIKE A, THIS IS HOW WE HAVE TO MOVE FORWARD. UM, AND SO WHAT I WANT TO BE ABLE TO HAVE ARE THOSE RECOMMENDATIONS ACTUALLY COME TO COUNSEL SO WE CAN DECIDE THAT. AND I THINK THIS IS WHAT THAT AGENDA ITEM ALLOWS US TO DO. BECAUSE OTHERWISE, LIKE I SAID, WE'RE GETTING BLAMED FOR MAKING DECISIONS ON ITEMS THAT WE DIDN'T EVEN DECIDE SHOULD BE LOOKED AT IN THE FIRST PLACE. ALRIGHT. I, I'M GONNA SAY I FEEL A LITTLE BIT DIFFERENTLY. THE FREEZING, THE, THE HIRING FREEZE WAS SAID, WE'RE GONNA DO THAT. THE 10% CUTS FROM ALL DEPARTMENTS, THAT WAS SAID BY THE CITY MANAGER. THAT WASN'T A, MAYBE THAT WAS, THIS IS WHAT I'M IMPLEMENTING. IN FACT, IT WAS A WHOLE PAGE FULL OF IT STUFF THAT HE WAS GONNA IMPLEMENT. UM, AND SO ALL THAT WAS ALREADY DECIDED. ADDITIONALLY, WE HAD A WHOLE CO COUNCIL MEETING ABOUT CO BONDS AND CIPS AND THEN PARKS, LIKE ALL OF IT CAME TO US AND WE MADE THESE DECISIONS COLLECTIVELY AS A COUNCIL. SO I FEEL LIKE WE HAVE BEEN IN THE LOOP OTHERWISE. I'VE BEEN DREAMING ABOUT ALL THESE MEETINGS THAT I'VE BEEN COMING TO BECAUSE WE'VE BEEN HERE. THIS IS REAL. WE'VE MADE THESE VOTES AND WE'VE HAD THESE CONVERSATIONS. IT'S BEEN SUPER DIFFICULT. UM, AND IT'S, IT'S, THERE'S NOT NOTHING WE CAN DO EXCEPT FOR TO MOVE FORWARD AND MAKE THESE CUTS. UM, I WILL SAY WHEN WE HAD THE PREVIOUS, WHEN WE HAD BRIAN LANGLEY AS, UM, CITY MANAGER, HE FIRED THE HR DIRECTOR, THE PUBLIC WORKS DIRECTOR AND ASSISTANT CITY MANAGER RETIRED, WHO NOW APPLIED FOR ANOTHER JOB SOMEWHERE ELSE AS ASSISTANT CITY MANAGER. BUT LIKE, NOBODY QUESTIONED IT THEN. AND SO FOR ME, THIS FEELS VERY DISCRIMINATORY. LIKE WHY DO WE NOT TRUST WHO WE VOTED TO HAVE AS OUR INTERIM? UM, PEREZ, CAN I ASK YOU, WHEN, WHEN ARE WE GONNA START THE BUDGET PROCESS? [06:05:01] SO THE CITY CHARTER REQUIRES THAT THE CITY MANAGER MUST DELIVER A BALANCED BUDGET TO COUNCIL 60 DAYS PRIOR TO THE NEW FISCAL YEAR STARTS, WHICH WOULD BE AUGUST 1ST. YOU'RE SCHEDULED FOR A AUGUST 1ST COUNCIL MEETING ON A SATURDAY. THAT WHERE I WILL PRESENT THE BUDGET. YES. SO THAT WAS MY WHOLE CONCERN, LIKE, WE'RE ALREADY GONNA SEE THIS INFORMATION IN LESS THAN A MONTH. YES, THAT'S CORRECT. SO I REMEMBER WHEN I ASKED TO SEE INFORMATION, EVERYBODY SAID, OH, THAT'LL COME BACK DURING THE BUDGET. AND THAT WAS WHAT, IN JANUARY OR FEBRUARY? MM-HMM . AND THEY WANTED ME TO WAIT UNTIL THE NEW BUDGET FOR THIS INFORMATION. WE ARE WAITING. I MEAN, IF YOU, IF YOU SPEND TIME ON IT NOW YOU'RE TALKING ABOUT MAYBE A WEEK EARLY. SO I CAN'T GET ON BOARD WITH HAVING YOU DO A PRESENTATION A WEEK BEFORE. WE'RE GONNA ALREADY HAVE IT ANYWAYS. SO I AM NOT GONNA VOTE FOR THAT. AS FAR AS STAFF, THAT'S BEYOND MY CONTROL. I DO NOT WANNA PUT MY HANDS IN IT. I'VE SEEN COUNCIL MEMBERS WANT TO GET INVOLVED. I'M NOT COMFORTABLE WITH IT. UM, I DO ASK FOR, LIKE IN IN THE EVENT SOMEBODY DECIDES TO QUIT, I DO ASK FOR RESIGNATION LETTERS. 'CAUSE I LIKE TO KNOW WHY SOMEBODY RESIGNS. I WAS TOLD, UM, ONE PERSON DIDN'T GIVE A RESIGNATION. AND THEN WHEN I ASKED, BECAUSE I'VE BEEN WANTING TO BRING A POLICY ABOUT, UH, NON-DISCLOSURES, AND I ASKED IF, HEY, WAS THERE A NON-DISCLOSURE PACE? I WAS TOLD BY PREVIOUS MANAGEMENT. I'M NOT EVEN COMFORTABLE TELLING YOU THAT. AND SO I WAS TOLD IF I WANTED TO COME IN AND LOOK AT IT, I COULD DO THAT, BUT I WASN'T EVEN ALLOWED TO KNOW IF THERE WAS ONE THERE. AND SO IT, IT'S BEEN A, A MATTER OF TRYING TO FIGURE OUT MY LANE AND, AND, AND, UM, YOU KNOW, WITH BRIAN LANGLEY, I, HE WAS GOOD AT PUTTING ME IN MY OWN LANE. AND SO I FIND IT DIFFICULT TO UNDERSTAND THE NEED TO WANNA KNOW ALL THESE LIKE, ANTICIPATED STAFF TERMINATIONS. UM, I DON'T, I DON'T THINK THAT'S APPROPRIATE. I DON'T KNOW IF WE CAN ANTICIPATE RESIGNATIONS, UM, OR I I DON'T THINK WE SHOULD, BUT CHARTER DOES NOT GIVE US AUTHORITY TO KNOW WHO WAS GONNA HANDLE THEM. THAT IS STRICTLY FOR OUR CITY MANAGER, ASSISTANT CITY MANAGERS, ALL TO MAKE THAT DECISION ON THEIR OWN. I DON'T KNOW WHY WE FEEL THE NEED TO WANNA INTERVENE IN THAT. THAT'S STAFF. THAT'S WHY WE HAVE HR. THAT'S WHY WE HAVE OUR ATTORNEYS. THAT'S WHY WE HAVE ASSISTANT CITY MANAGERS. THAT IS NOT SOMETHING THAT WE SHOULD PUT OUR HANDS IN. WELL, THIS IS NOT FOR INTERVENING. THIS IS FOR INFORMATION. WELL, YOU'RE ASKING FOR ANTICIPATED INFORMATION. YEAH. FOR FOR WHAT? WELL, THIS IS BUDGET RELATED. YOU KNOW, HOW ARE, HOW ARE WE BALANCING THIS SIX 4 MILLION, RIGHT? WHICH WE SAID WAS GONNA COME AUGUST 1ST. WELL, I THINK WE'RE CONFLATING NEXT YEAR'S BUDGET. THIS YEAR'S BUDGET, THIS YEAR'S. WELL, IN ORDER TO DO NEXT YEAR'S, WE HAVE TO DISCUSS THIS YEAR'S. WE HAVE TO FIGURE OUT WHERE WE'RE AT FINANCIALLY BEFORE WE CAN TALK ABOUT WHERE WE'RE GONNA BE. SO YOU AGREE? OH, ARE WE GOING TO BE MR. MOHE? WILL WE BE DISCUSSING WHERE WE'RE AT FINANCIALLY IN YOUR BUDGET MEETING? YES, WE ARE. BUT IF YOU RECALL, I MADE SURE THAT HOLLY TORRES COMES BEFORE YOU EVERY MONTH AND GIVES YOU A PRESENTATION. SHE'S DONE THAT LAST MONTH. MM-HMM . SHE WILL BE COMING AGAIN BEFORE YOU, UH, NEXT THURSDAY. MM-HMM . OKAY. OKAY. THAT'S GOOD ENOUGH FOR ME. SO THAT, BUT THAT'S ALSO NOT TELLING US HOW, IT'S GIVING US THE NUMBERS, BUT IT'S NOT TELLING ME WHAT THE DECISIONS WERE MADE. I'LL TELL YOU HOW IN THE PROPOSED BUDGET. YEAH. I DON'T, I DON'T UNDERSTAND. WHY DIDN'T WE ASK THESE QUESTIONS BEFORE? WE HAVE A $4 MILLION DEFICIT THAT WE STARTED THIS FISCAL YEAR WITH AND NOBODY BOTHERED TO ASK BACK THEN. SO WHY ARE WE SO HELL BENT ON DOING IT NOW? BECAUSE WE SHOULD. I THINK THAT THERE'S, FOR SOME REASON IT'S LIKE, WELL, WE DIDN'T DO IT THEN. SOME OF US WEREN'T ON COUNSEL THEN, AND IT WAS A PROBLEM THEN IT'S A PROBLEM. NOW WE CAN HAVE THE OPPORTUNITY TO COURSE CORRECT. SO IT'S, YOU KNOW, I JUST FEEL LIKE THAT'S SUCH AN ARBITRARY ARGUMENT. WELL, I DON'T KNOW IF WE COURSE CORRECT IF IT'S NOT IN OUR PURVIEW'S TO RECEIVE A REPORT ON IT. I DON'T EVEN KNOW WHO TO ANSWER BECAUSE TWO PEOPLE ARE TALKING THE TIME WE CAN CAN I CALL THE QUESTION? YEAH. CALL THE, THERE'S NOT A QUESTION TO CALL. SO THERE'S NOT A MOTION. IT'S CONSIDER DIRECTING THE INTERIM MANAGER TO PROVIDE THIS INFORMATION. THAT'S NOT A MOTION. DID YOU MAKE A MOTION? MAKE A MOTION TO UM, TO PASS ITEM NUMBER 17. SECOND. OKAY. I GOT A MOTION BY COUNCIL MEMBER HARRIS. AND A SECOND BY [06:10:01] COUNCIL MEMBER ZAPATA. ROLL CALL. VOTE PLEASE. AND WHAT'S THE VOTE ON AGAIN, BEFORE WE GO? IT'S THE AGENDA ITEM. OKAY. SORRY. YOU ZAPATA? YES. HARRIS. YES. GZA? NO. TOBIAS? YES. MCKINNEY? YES. MEDINA? NO. FLORIST KILLED? NO. MOTION PASSES. WAIT, 1, 3, 4 TO THREE. ALL RIGHT. SO YOU GET TO BRING THAT BACK. YOU DID THAT WITH HOLLY? CERTAINLY. I'M SORRY. I'LL BRING IT ON AUGUST 1ST. OKAY, PERFECT. ALL RIGHT. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.