* 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. [00:00:02] ALL RIGHT. THANK YOU EVERYBODY FOR [I) Call Meeting to Order, Roll Call, and Excuse Absences] COMING OUT TONIGHT. UH, TODAY IS UM, TUESDAY, AUGUST 18TH. THE TIME IS SEVEN O'CLOCK. AND I'D LIKE TO WELCOME EVERYBODY TO OUR REGULAR CALL MEETING. CAN I PLEASE GET A ROLL CALL? FLORES KALE. HERE. TOAS. PRESENT? GZA. HERE. MEDINA. HERE. ZAPATA. HERE. HARRIS. HERE. MCKINNEY. OKAY. WE HAVE SIX. UH, SO WE HAVE A QUORUM. IF WE COULD DO THE PLEDGE OF ALLEGIANCE REPUBLIC, WHICH STANDS ONE NATION OF THE AND WITH LIBERTY JUSTICE FOR ALL. ALL RIGHT, AB [II) Approval of Minutes] FIRST WE HAVE THE APPROVAL OF MINUTES. OKAY, MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO CONSIDER THE APPROVAL OF THE CITY COUNCIL MEETING MINUTES FOR A JULY 30TH, 2026 SPECIAL MEETING. ALSO AUGUST 1ST, 2026. SPECIAL MEETING THERE. AUGUST 4TH, SPECIAL MEETING AND THE REGULAR COUNCIL MEETING. AUGUST 4TH, 2026. SECOND. OKAY, I HAVE A MOTION BY COUNCIL MEMBER TOBIAS AND A SECOND BY OR MAY PRO TEMP TOBIAS. AND A SECOND BY, UH, COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. A AYE. AYE. OPPOSED? ALL RIGHT. MOTION PASSES. SIX TO ZERO. [III) Citizen Comment Period with City Council] I'M NEXT. WE HAVE CITIZENS COMMENTS. THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS EARLY IN THE AGENDA OF CITY COUNCIL MEETINGS. THOSE WISHING TO SPEAK ARE ENCOURAGED TO SIGN IN BEFORE THE MEETING BEGINS. SPEAKERS WILL BE PROVIDED WITH AN OPPORTUNITY TO SPEAK DURING THIS TIME PERIOD ON ANY AGENDA ITEM OR ANY OTHER MATTER CONCERNING CITY BUSINESS. AND WE ASK THAT YOU PLEASE OBSERVE THE THREE MINUTE TIME LIMIT. OKAY. UH, FIRST I HAVE LARRY GOLLICK, MAYOR, MAYOR PRO KIM. COUNSEL. GOOD EVENING. I'M LARRY GOLLICK FOR FROM SIX CREEKS. UM, ITEM 21 IS ON TONIGHT'S AGENDA. THAT'S THE SECOND ITEM, 21. UM, AND IT LARGELY RESTATES THE BLANCO RIVER RANCH SIX CREEKS DEVELOPMENT AGREEMENT THROUGH A TERM SHEET BETWEEN THE CITY AND THE DEVELOPER. NUMBER NINE CLARIFIES THE SECTIONS 4 0 1, 4 0 6, AND 7 0 1 REPRESENT IN CITY RATES. AS I REPEATED TO THIS COUNCIL OVER THE PAST YEAR, SECTION 4 0 1, THE CITY AGREED TO SERVE SIX CREEKS IN THE SAME MANNER AND ON THE SAME TERMS AND CONDITIONS AS RETAIL CUSTOMERS. INSIDE IT, CITY LIMITS SECTION 4 0 6 SERVICE WILL BE NON-DISCRIMINATORY AND CONSISTENT WITH IN CITY TARIFFS. SECTION 7 0 1, THE CITY'S STANDARD RATES, CHARGES AND FEES APPLICABLE WITHIN THE INCORPORATED LIMITS APPLY TO THE PROPERTY IN CITY RATES. HOW DID WE GET HERE AND HOW DOES A REASONABLE PERSON WITH BASIC COMPREHENSION SKILLS READ THIS CONTRACT AS ANYTHING OTHER THAN WHAT IT SAYS? THE FACTS ARE A SIMPLE READ. BOTH SIDES BENEFITED FROM THIS AGREEMENT. THE CITY GOT INFRASTRUCTURE, UH, COST SHARING AND CONNECTIONS TO OFFSITE PROJECTS AND RECEIVED MILLIONS FROM PIT BONDS. THE DEVELOPMENT WAS PROMISED SPECIAL BENEFITS ALSO INCLUDING IN CITY RATES. YET WE HAD A MAYOR, SOME COUNCIL MEMBERS, AND A CITY MANAGER BACKED BY A CITY ATTORNEY WILLING TO MANUFACTURE CONFUSION AND AMBIGUITY WHERE NONE EXISTED. ON SEPTEMBER 16TH, 2025, THE FORMER MAYOR SAT ON THIS DAIS AND CALLED SIX CREEKS THE MOST SWEETHEART DEAL IN ALL OF KYLE. AND EMPHATICALLY INSISTED AND I NEVER EVEN GOT TO VOTE ON IT. LET'S REWIND AND CLARIFY THE HISTORY. THE INTERIM DEVELOPMENT AGREEMENT WAS SIGNED MARCH, 2016, TRUE MONTHS BEFORE MITCHELL TOOK OFFICE IN JUNE, 2016, BUT BY SAYING HE DIDN'T HAVE A VOTER OR VOICE IN ON SIX CREEKS. THAT'S A FALSIFICATION. MARCH, 2017 APPROVED THE DEVELOPMENT AGREEMENT. MITCHELL, I MAY, 2017. RESOLUTION FOR ANNEXATION DE STATION AND PIT FINANCING. MITCHELL I THE TRI-PARTY AGREEMENT MITCHELL I 2017. JUNE, 2017, CREATION OF THE SIX CREEKS PIT. MITCHELL I, AUGUST 28TH, THE SERVICE AND ASSESSMENT PLAN, MI MAYOR MITCHELL AYE. ALL PIT BONDS FOR YEARS 2018 TO 2025. MAYOR MITCHELL, AYE. SIX CREEKS WAS WRONGFULLY PAYING ETJ RATES FOR, FOR FROM 2019 FORWARD. WHEN THE CITY HAD THE AUDACITY TO RAISE THE ETJ RATES BY 77%, THEY ESSENTIALLY SWATTED A HORNET'S NEST SIX CREEKS. RESIDENTS BEGAN RESEARCHING OUR AGREEMENT BETWEEN THE CITY AND THE DEVELOPER. IT WAS IMMEDIATELY CLEAR WE'D BEEN MISCLASSIFIED AS ETJ CUSTOMERS WHEN UTILITY ACCOUNTS WERE SET UP. MAYOR MITCHELL KNEW THE SIX CREEKS AGREEMENT PROVIDED IN [00:05:01] CITY RATES, HENCE THE SWEETHEART DEAL. YET HE LED THE PREVIOUS COUNCIL AND HIS CONSTITUENTS POORLY. THE CITY WOULD IGNORED AND KEEP FLEECING SIX CREEK'S RESIDENCE AND THE CITY MANAGER SUPPORTED HIM. NONE OF THIS IS POSSIBLE WITHOUT A CITY ATTORNEY WILLING TO READ THE CONTRACT DIFFERENTLY THAN IT IS WRITTEN. IT'S TIME TO HONOR THE FULL AGREEMENT AND LEAD KYLE AS THE ACCOUNTABLE, TRANSPARENT, AND HONEST GOVERNMENT. OUR CITY DESERVES YOUR VOTE TONIGHT WILL BE RECORDED AND REMEMBERED. THANK YOU. THANK YOU. OKAY. UM, NEXT I HAVE JAMIE FIRO. GOOD EVENING, CITY COUNCIL MAYOR. MY NAME IS JAIME FIERRO. I'M A VETERAN OF THE ARMED FORCES, SPECIFICALLY SERVED UNDER OPERATION DESERT SHIELD DESERT STORM. I WAS ALSO PRIVILEGED TO HAVE SERVED AS A LAW ENFORCEMENT OFFICER IN MUNICIPAL, STATE AND FEDERAL CAPACITY AFTER 34 YEARS OF PUBLIC SERVICE. I RETIRED ONE YEAR AGO AND MOVED TO SIX CREEKS HERE IN KYLE, TEXAS. THE DECISION TO MOVE HERE WAS MADE WITH THE INTENTION TO LIVE CLOSE TO OUR CHILDREN AND GRANDCHILDREN. PROVIDE YOU WITH THIS INFORMATION AS THERE ARE TWO LARGE DEMOGRAPHICS THAT MAKE UP THE MAJORITY OF SIX WEEKS RESIDENTS, YOUNG FAMILIES WITH CHILDREN AND RETIRED GRANDPARENTS, MANY OF THEM VETERANS AS WELL. I'M HERE TO ADDRESS THE WATER RATE INCREASE AND THE UNFAIR AND DISCRIMINATORY GAP BETWEEN IN CITY AND OUT OF CITY RATES OUT OF CITY RESIDENTS, LIKE THOSE IN SIX CREEKS ARE FACING A 77% RATE INCREASE ENACTED OCTOBER, 2025. THIS IS ON TOP OF A ROUGHLY $4,000 PER YEAR PER HOUSEHOLD. WE ALREADY PAY INTO THE PUBLIC IMPROVEMENT DISTRICT KNOWN AS PID FUNDS FOR WHICH THE CITY OF KYLE SERVES AS A PRIMARY FINANCIAL CUSTODIAN AND ADMINISTRATOR. THESE PIT FUNDS ARE SPECIFICALLY ALLOCATED TOWARD INFRASTRUCTURE, INCLUDING WATER, SEWAGE, AND DRAINAGE. BOTTOM LINE, THIS IS THE TAX TO THE CITY DISGUISED AS PI. MY WATER BILL CURRENTLY HOVERS AROUND $400 A MONTH FOR A HOUSEHOLD OF TWO WITHOUT USING THE IRRIGATION SYSTEM. AFTER LISTENING TO THE ELLIS REPRESENTATIVE THAT LAST WEEK'S CITY COUNCIL MEETING, IT IS EVIDENT THAT THE ANALYTICAL REPORT IS FILLED WITH ANOMALIES AND DISPROPORTIONATE COMPARISONS. ABSOLUTE VOTE OF NO CONFIDENCE ON ELLIS. EVERY PERSON WHO VOTED ON THIS 77% INCREASE TO WATER RATES SHOULD BE ASHAMED. THAT WATER, A LIFE PRESERVING NECESSITY WAS USED TO STRONG ARM AND CREATE FINANCIAL HARDSHIPS TO HARDWORKING AMERICAN FAMILIES. EVERY PUBLIC SERVANT IN THIS ROOM TOOK AN OATH OF OFFICE WHEN YOU ACCEPTED YOUR POSITION. WHAT SIX CREEKS RESIDENTS ARE CURRENTLY EXPERIENCING WITH THESE WATER RATES IS EGREGIOUS, IMMORAL, UNETHICAL, DISCRIMINATORY, AND DOWNRIGHT CRIMINAL. VERY SOON EACH OF YOU WILL HAVE THE OPPORTUNITY TO RIGHT THIS WRONG. I'M ASKING YOU IN GOOD FAITH TO TAKE IT AND HONOR THE ORIGINAL CONTRACT TO HAVE SIX CREEKS WATER RATES REMAIN AT IN CITY RATES. I LEAVE YOU WITH THE FOLLOWING EXTRACT FOR YOU TO PONDER ON TONIGHT AS, AS AS A PUBLIC SERVANT. WHEN YOU, WHEN YOU LOOK AT YOURSELF IN THE MIRROR, GOVERNMENT'S FIRST DUTY IS TO PROTECT THE CITIZENS, NOT TO RUIN THEIR LIVES. THANK YOU. THANK YOU. UP NEXT I HAVE ROBERT HUNTER. GOOD EVENING. I DON'T HAVE A WHOLE LOT TO SAY. I JUST WANTED TO SAY THANK YOU FOR YOUR SERVICE IN DOING WHAT YOU GUYS DO BECAUSE IT'S NOT EASY. THERE'S A THOUSAND PEOPLE PULLING YOU ALL IN DIFFERENT DIRECTIONS AND I GET THAT. AND I JUST WANT TO THANK YOU FOR ITEM NUMBER 16 AND THIS COMING TO A FULL RESOLUTION, AT LEAST FOR NOW, I HOPE FOREVER. AND GETTING KYLE VISTA PARK SET AS A PARK AND NOTHING ELSE. SO JUST WANT TO THANK YOU ALL FOR PUSHING THIS THROUGH, FOR ALLOWING THE PUBLIC TO BE HEARD BECAUSE PREVIOUS ADMINISTRATIONS DID NOT ALLOW FOR THAT. AND IT WAS A BIG SURPRISE IN MAY OF THIS YEAR. AND I'VE BEEN WORKING DILIGENTLY SINCE THAT DAY TO GET THIS OUT BACK UP IN THE PUBLIC REALM AND TO JUST REALLY, OOPS, EXCUSE ME. TAKE A LOOK AT WHAT'S GOING ON AND YOU KNOW, DOING THESE THINGS BEHIND CLOSED DOORS AND NOT ALLOWING THE PEOPLE TO BE HEARD. AND I JUST WANNA THANK YOU FOR THAT. THANK YOU. ALRIGHT, NEXT I HAVE [00:10:01] NICHOLAS ILLA, GREETINGS MAYOR AND COUNCILMAN AND COUNCILWOMAN. UM, WHAT I WANTED, I HAD A PUBLIC COMMENT ABOUT THE FLOCK CAMERAS. THAT'S WHAT I WANTED TO TALK ABOUT TODAY. AND WHAT I HAVE TO SAY ABOUT THEM IS THAT I'M NOT A BIG FAN OF THEM. UM, I KNOW KYLE ONE OF THE MOST SURVEYED CITIES FOR ITS SIZE, AROUND 70,000. WE HAVE 47 FLOCK CAMERAS. I KNOW THEY'RE NOT ALL CAMERAS LIKE, UH, TRAFFIC CAMERAS, DRONES, AND THEN LICENSE PLATE READERS. UM, THE CITY OF AUSTIN, IT ONLY HAS 40 AND I KNOW THAT LIKE THEY GOT THE POLICE DEPARTMENT GOT THE CAMERAS THROUGH A GRANT, BUT LIKE IT'S A YEARLY SUBSCRIPTION TO USE. I THINK IT'S AROUND HALF A MILLION. AND EVENTUALLY THAT'S GONNA BE ON THE CITY'S BUDGET WHEN THE GRANTS RUN OUT. AND I THINK THAT BUDGET COULD BE USED LIKE FOR THE INFRASTRUCTURE, FOR THE ROADS. I KNOW LIKE KYLE IS BOOMING ALMOST LIKE CRAZY POPULATION GROWTH MOST IN TEXAS ALMOST. AND LIKE THE ROADS OBVIOUSLY, LIKE THERE'S GROWING PAINS, LIKE MORE ROADS COULD BE BETTER THAN THE CAMERAS. AND I DON'T KNOW, I'VE NEVER HAD A PROBLEM WITH THE CRIME IN KYLE. I'M PRETTY SURE IT'S ONE OF THE SAFEST CITIES IN TEXAS. AND IT HAS BEEN, I'VE LIVED HERE FOR, UH, 20 YEARS. I THINK IT'S ALWAYS BEEN LIKE A PRETTY SAFE CITY. AND THEN I KNOW THE CAMERAS, LIKE IN OTHER TEXAS CITIES, I HAVEN'T HEARD ANYTHING. LIKE I KNOW KYLE PD, THEY'RE PRETTY GOOD. I LIKE THEM A LOT. BUT IN OTHER CITIES, POLICEMEN, THEY'RE LIKE EXPLOITING CAMERAS. I KNOW THERE'S SOME LAWSUITS ABOUT LIKE OTHER SHERIFFS EXPLOITING AND THEY'RE LIKE GETTING SUED AND I JUST DON'T WANT LIKE CAMERAS THAT SCAM MY FACE, SCAM MY CAR TRACK EVERYWHERE I GO. IT'S A PRIVACY CONCERN OF MINE. LIKE IF SOMEONE JUST RECORDED ME EVERYWHERE I WENT, LIKE, I THINK THAT'D BE PRETTY WEIRD. BUT I MEAN, THOSE CAMERAS DO IT AND IT'S A PRIVATE COMPANY. I DON'T TRUST THAT PRIVATE COMPANY. LIKE THEY WANNA MAKE THEIR MONEY. THEY CHARGE YOU YEARLY SUBSCRIPTION. THE CAMERAS LIKE WE'RE JUST THE POLICE DEPARTMENT. LIKE THAT'D BE FINE. I LOVE THE KYLE POLICE DEPARTMENT. I'VE NEVER HAD A PROBLEM WITH KYLE. NEVER GOTTEN CLOSE TO GETTING ROBBED. NO CRIMES, NO ANYTHING. BUT YEAH, THE CAMERAS, I DON'T, I DON'T TRUST THEM. AND THAT'S ALL I WANTED TO SAY TODAY. OKAY, THANK YOU. ALL RIGHT, UP NEXT I HAVE LINDA SINCLAIR. HI. THANK YOU. I HAVE THE OPPORTUNITY TO COME TO THE MEETING AND UM, TO MEET WITH THE MAYOR AND UM, TO TOBIAS, YOU WERE THERE AS WELL. AND I WAS REALLY OPTIMISTIC AT THE END OF THIS MEETING. THERE'S A LOT OF GREAT CONVERSATION AND I THINK THERE'S A REAL LEADERSHIP CHANGE. AND REALLY THE REASON I'M HERE IS I LIVE IN SIX CREEKS. MY HUSBAND AND I MOVED HERE TWO YEARS AGO. WE HAVE A, A SON THAT LIVES IN THE PLUM CREEK AREA. AND WHEN WE FOUND SIX CREEKS, WE THOUGHT, OH, WE'RE SO BLESSED. LOOK AT THIS COMMUNITY AND EVERYBODY'S SO HAPPY. AND WE JUST LOVED IT. AND WE LIVED THERE FOR A YEAR AND EVERYWHERE WE WENT, EVERYBODY'S HAPPY. AND THEY'RE TALKING ABOUT THE, WHAT THE KIDS ARE DOING AND BOOK CLUBS AND, AND IT WAS JUST A FANTASTIC PLACE TO LIVE. AND THEN A DECISION WAS MADE AND IT WAS ABOUT OUR WATER RATES AND OUR WATER RATES GOING UP 77%. AND THEN IT WENT TO OUR COMMUNITY FACEBOOK PAGE TALKING ABOUT SINGLE PEOPLE THAT CAN NO LONGER AFFORD DECISIONS AND THEIR, THEIR CHANGING THEIR EXPENSES BECAUSE THEY HAVE TO ACCOMMODATE THEIR, THEIR WATER RATES. AND THAT'S WRONG. AND IT, IT, WE'RE PAYING A PIT. WE KNEW THAT WE WERE GOING TO BE CONSIDERED CITY WATER. AND THE REASON I'M HERE TONIGHT IS THAT I LOVE THE LEADERSHIP OF OUR COMMUNITY. LARRY HAS BEEN SUCH AN ADVOCATE FOR OUR COMMUNITY THAT I THOUGHT, YOU KNOW WHAT? I HAVE TO STAND UP. I HAVE TO SUPPORT THE COMMUNITY BECAUSE LARRY AND SO MANY OTHERS, NOT JUST LARRY, HAVE BEEN SUCH ADVOCATES FOR THE COMMUNITY. AND YOU KNOW WHAT THE CONCERN IS THAT I HAVE? THE CONCERN IS THAT WHEN WE CHANGED THE WATER RACE, WE WENT FROM THIS BEAUTIFUL KYLE COMMUNITY ONE THAT WE ALL WANT. 'CAUSE WE ALL REPRESENT KYLE. AND ALL OF A SUDDEN PEOPLE WERE TALKING ABOUT I CAN NO LONGER WATER. AND MY HUSBAND AND I WALKED THE COMMUNITY A LOT AND NOW WE SEE DEAD GRASS WEEDS. AND IT, IT WENT FROM THIS JUST FANTASTIC PLACE TO LIVE TO A DYING COMMUNITY. AND THEN, YOU KNOW WHAT MY CONCERN IS, IS THAT WE HAVE A LOT OF MODEL HOMES AND SPEC HOMES THAT ARE BEING BUILT BECAUSE WE WALK SO MUCH. PEOPLE HONESTLY STOP US ON THE ROAD AND THEY ASK US, HEY, DO YOU LIVE IN THIS COMMUNITY? WHAT DO YOU THINK OF THIS COMMUNITY? AND MY HUSBAND AND I ALWAYS SAY, WE LOVE IT. WE HAVE SO MANY GREAT NEIGHBORS. AND THEN IT'S ALWAYS A WHISPER. AND [00:15:01] THE WHISPER IS, IS IT TRUE ABOUT YOUR WATER RATES? AND SO, YOU KNOW WHAT'S HAPPENING, PEOPLE ARE GOING TO BUTTA, PEOPLE ARE GOING TO SAN MARCOS. THEY DON'T WANNA LIVE IN OUR BEAUTIFUL KYLE BECAUSE THE COSTS ARE JUST TO PAY $450 FOR A FAMILY OF TWO. WE'RE RETIRED. YOU KNOW, AND, AND, AND YOU KNOW HOW OFFENSIVE IT IS TO HEAR THAT THE PREVIOUS MAYOR SAYS THAT WE'RE AFFLUENT. I WAS SO GLAD TO HEAR THAT I WAS AFFLUENT BECAUSE MY HUSBAND TELLS ME WE'RE BROKE EVERY DAY, . SO, UM, I JUST, I I REALLY, COMING OUT OF SATURDAY, I HAD SO MUCH FAITH IN WHAT I HEARD AND I REALLY, REALLY PRAY THAT WE CAN ADJUST THAT 77%, NOT INCREASE THE 20%. AND I JUST WANTED TO SAY PLEASE, LET'S, IF YOU COULD HELP US, I PROMISE I'LL BE THE BIGGEST SPOKESPERSON FOR THIS COMMUNITY. I WILL TELL EVERYBODY HOW MUCH I LOVE KYLE AND HOW EVERYBODY WANTS TO BE HERE, BUT WE JUST CAN'T KEEP PAYING THESE RATES. PLEASE. THAT'S ALL I WANTED TO SAY AND THANK YOU FOR ALL YOU DO. THANK YOU. UP NEXT I HAVE ALAN IIS. THANK YOU ALL. I WANTED TO TALK ABOUT, UH, AGENDA ITEM FIVE, THE FACILITY USE AGREEMENT. I WANTED TO SPECIFICALLY THANK MR. ELIZONDO AND MR. MOHE. UH, THEY REALLY, UM, BROUGHT THE AGREEMENT HOME FOR US AND WE SPENT OVER A YEAR AND A HALF WORKING WITH PARKS AND REC AND IT WAS UNPRODUCTIVE AND A WASTE OF TIME. AND Y'ALL MADE QUICK ORDER OF IT. THANK YOU SO MUCH. I SAW ITEM NUMBER 12. UH, WE APPRECIATE YOUR SUPPORT OF NAMING THE NEW BUILDING, THE ADELE HURST SENIOR AND COMMUNITY CENTER. AND FINALLY ON ITEMS 23 AND 24 OF ABOUT THE REPURPOSING OF THE KRUG BUILDING, I UNDERSTAND THAT, UH, THE PUBLIC SAFETY CENTER NEEDS TO MOVE SOME PEOPLE OUT. AND THE, THERE ARE THREE ROOMS UPSTAIRS. ONE IS 15 BY 15, 1 14 BY 14, AND ONE 11 BY 11. AND WE HAVE HAD SOME OFFICES UP THERE IN THE PAST. IT'S MOSTLY STORAGE NOW. THERE'S ALSO AN OFFICE DOWNSTAIRS, A KITCHEN. THE RESTROOMS IN THE HUGE BALLROOM, WHICH COULD BE USED AS THE CONFERENCE ROOM. SO I HOPE THAT THE UPSTAIRS CAN BE USED FOR OFFICE SPACE AS WELL AS THE OFFICE DOWNSTAIRS, AND THAT THE BIG BALLROOM COULD REMAIN FLEXIBLE FOR MULTIPURPOSE USE. UM, FINALLY, THE RESTROOMS IN THE PARK, I HEAR FROM THE HAY COUNTY, UH, HAY COUNTY COMMISSIONER, UH, HISTORICAL COMMISSION, THAT THEY DON'T LIKE THE PROPOSED RESTROOMS IN THE PARK AND THAT THE STATE HISTORICAL SOCIETY IS NOT GONNA APPROVE THEM BASED ON THE HAY COUNTY COMMISSION NOT APPROVING THEM. SO IT WILL BE IMPORTANT TO HAVE THOSE RESTROOMS INSIDE OPEN FOR THE PUBLIC UNTIL WE COME UP WITH ANOTHER SOLUTION FOR RESTROOMS. WE THANK YOU FOR ALL YOUR CONSIDERATION, ALL YOUR WORK. THANK YOU. OKAY, UP NEXT I HAVE CAROL DOGAN. CAROL. OH, ME. YES YOU DO. . THANK YOU. THANK YOU, THANK YOU. GOOD EVENING, MAYOR AND COUNCIL. COUNCIL MEMBERS. MY NAME IS CAROL DOGAN AND I LIVE IN THE COW AREA. TONIGHT, UH, YOU WILL CAST, UH, A VOTE THAT AFFECTS THOUSANDS OF FAMILIES YEAR, A YEAR FROM NOW. NOBODY WILL REMEMBER THE SPREADSHEETS, THE PRESENTATIONS OR BUDGET, UH, BUDGET DOCUMENTS. WHAT PEOPLE WILL REMEMBER IS HOW THIS VOTE AFFECTED THEIR LIVES. THEY WILL REMEMBER WHETHER THEY COULD AFFORD TO STAY IN THEIR HOMES. THEY WILL REMEMBER OPENING THEIR WATER BILL WITH ANXIETY. THEY WILL REMEMBER WHERE THEIR, UH, WHETHER THEIR CITY LISTENED WHEN THEIR RESIDENTS, UH, REPEATEDLY SAID, WE CAN'T DO THIS. FOR MONTHS, RESIDENTS HAVE SHOWN UP, SPOKEN RESPECTFULLY, SHARED THEIR BILLS, AND EXPLAINED THE BURDEN THESE RATES HAVE CREATED. MY HOUSEHOLD OF THREE HAS RECEIVED, UH, WATER BILLS JUST UNDER $400 THE PAST, UH, TWO TO THREE MONTHS. I AM NOT HERE BECAUSE I ENJOY SPEAKING AT THE COUNCIL MEETINGS BECAUSE I DON'T, I AM HERE BECAUSE THESE RATES HAVE LEFT MANY OF US FEELING LIKE WE HAVE NO OTHER CHOICE. TONIGHT IS THE OPPORTUNITY TO SHOW RESIDENTS THAT THEIR VOICES MATTER. YOU CAN CONTINUE DOWN THE CURRENT PATH OR YOU CAN ACKNOWLEDGE THAT THESE RATES HAVE GONE FAR, [00:20:01] UH, FAR TOO LONG AND FAR TOO HIGH, AND CHOOSE A DIFFERENT DIRECTION. I URGE YOU TO VOTE AGAINST ANY FUTURE INCREASES AND REDUCE THE CURRENT RATES AND PROVIDE A MEANINGFUL RELIEF TO FAMILIES, UH, WHO HAVE CARRIED THIS BURDEN FAR TOO LONG. THIS IS YOUR MOMENT TO MAKE IT RIGHT. AND I KNOW MANY OF YOU DID NOT VOTE FOR THIS, AND, UH, YOU WERE EITHER NOT HERE OR YOU VOTED NO FOR NO WATER INCREASES. AND I REALLY, YOU KNOW, APPRECIATE BEING HEARD AND HEARING US IN REGARDS TO EVERYTHING, AND I APPRECIATE, UH, EVERYTHING YOU HAVE DONE THUS FAR. AND I'M NOT TALKING TO THE ONES THAT VOTED YES FOR THESE WATER RATES BECAUSE I'M MAD AT YOU ALL THE ONES THAT VOTED YES, I'M MAD. I'M VERY MAD BECAUSE YOU VOTED YES FOR SOMETHING THAT DOES NOT AFFECT YOU BECAUSE I DO NOT BELIEVE THAT YOU WOULD VOTE YES FOR A WATER RATE INCREASE IF YOU WERE AFFECTED BY A 77% INCREASE AND A 20% INCREASE THEREAFTER EVERY YEAR. I'M, IIII AM MOST SURE THAT YOU DON'T LAY YOUR HEAD ON THE PILLOW THINKING THAT. BUT ANYWAY, THAT, THAT IS MY THANK YOU. I DON'T HAVE ANY MORE FORMS. IS THERE ANYBODY ELSE THAT WOULD LIKE TO COME UP AND SPEAK? GOOD EVENING. I JUST WANTED TO SAY THANK YOU TO MAYOR PRO TEM TOBIAS, MAYOR FLORES KALE AND COUNCIL MEMBER COURTNEY GZA FOR THE WONDERFUL, WONDERFUL TOWN HALL THAT WE HAD. I THINK THAT WAS SUCH A GREAT OPPORTUNITY FOR OUR COMMUNITY TO COME TOGETHER, TO THROW OUT IDEAS, TO EXPRESS CONCERNS, TO COME UP WITH NEW IDEAS AND NEW PLANS AND NEW VISIONS AND NEW DREAMS. IT WAS SO WONDERFUL AND I JUST WANNA THANK YOU FOR THAT. I WANNA THANK, UM, MR. ELIZONDO AND MR. MOHE FOR HELPING US GET OUR AGREEMENT, OUR USAGE AGREEMENT, UH, IN ORDER SO QUICKLY FINALLY, UM, FOR OUR NEW BUILDING. AND ON BEHALF OF ALL THE SENIORS IN THE COMMUNITY, THANK YOU, THANK YOU, THANK YOU. MOVING DAY IS ALMOST HERE AND WE CANNOT WAIT. THANK YOU. THANK YOU. ALL RIGHT, NEXT I HAVE KENNETH ROCHA. GOOD EVENING MAYOR COUNCIL MEMBERS. I'M KENNETH ROCHA. I'M TRY AND TOUCH DIFFERENT ITEMS ON THE AGENDA. SO I APPLAUD YOU ALL FOR COMMITTING TO THE NAMING OF OUR ADELE HURST SENIOR COMMUNITY CENTER. WHAT A WONDERFUL RECOGNITION FOR OUR COMMUNITY MEMBER. THANK YOU CASS FOR ALL THAT YOU DO. AND I KNOW YOU WILL CONTINUE TO DO GREAT THINGS AT THE CENTER REGARDING THE INTERSECTION ALTERNATIVE ANALYSIS RELATED TO KOHLER'S CROSSING CORRIDOR TRAFFIC FLOW AND THE ROAD BOND INTERSECTIONS. I SEE A STUDY WHOSE HORIZON AND INPUTS HAVE GONE STALE. I RECOGNIZE THE BALANCE BETWEEN MORE COSTS VERSUS VERIFYING A SOLUTION THAT ADDRESSES THE 10 TO 15% OVERALL TRAFFIC GROWTH THAT WASN'T FORECASTED IN THE ORIGINAL STUDY. IT'S ALL AVAILABLE ONLINE. ALL WE HAVE TO DO IS TAKE A LOOK AT IT. I'M HAPPY TO SEE STAFF PROFESSIONALS LEVERAGING THEIR EXPERIENCE TO NEGOTIATE SOLUTIONS WITH THE COMMUNITY. AND I'M LOOKING FORWARD TO HEARING THE TERMS RELATED TO THE SIX CREEKS NEGOTIATION. IT'S ABOUT DAMN TIME. I'M HAPPY TO SEE STAFF PROFESSIONALS LEVERAGING, AND THIS IS AS PUBLIC SERVANTS, THAT'S WHAT WE GOT HIRED TO DO AND THEIR EXPERIENCE LED BY INTERIM CITY MANAGER MOHE CAN REALLY DEMONSTRATE WHAT OUR STAFF CAN DO. SO I APPLAUD THEM. I ENCOURAGE EACH OF YOU TO CONSIDER OPTION TWO IN THE PROPOSED TAX RATE. THANK YOU FOR ALL YOUR DILIGENCE IN FIXING OUR FINANCIAL SITUATION. YES, IT ALIGNS WITH OUR PROPOSED BUDGET, BUT IT GIVES US TAXPAYERS AND OUR RATE PAYERS THE MONEY IN OUR POCKETS TO ENJOY. KYLE. THANK YOU. GREAT, THANK YOU. UM, I AM OUT OF FORMS. ANYBODY ELSE LIKE TO COME UP AND SPEAK? [00:25:04] GOOD EVENING, MAYOR AND COUNSEL. I DON'T HAVE ANYTHING PREPARED. SO I'VE JUST LOOKED AT, BRIEFLY LOOKED AT THE AGENDA. I WANNA THANK YOU AS WELL FOR HAVING THE TOWN HALL MAYOR PRO TEM TOBIAS, MAYOR FLORES KALE, AND THANK YOU FOR BEING THERE. ALSO, COURTNEY TO ANSWER SOME QUESTIONS. COUNCIL MEMBER GOZA, IT WAS VERY PRODUCTIVE AND IT WAS VERY BENEFICIAL. THERE WERE MANY RESIDENTS THERE AND IT WAS A VERY POSITIVE MEETING AND I'M VERY THANKFUL FOR IT. UM, CONCERNING ITEM NUMBER 20, THE TRAFFIC STUDY. I'M GLAD THIS IS BEING PUT ON TO IMAGINE THAT WE HAD A TRAFFIC STUDY DONE IN AN AREA THAT'S GREATLY IMPACTED BY SCHOOLS, AND THE SCHOOLS WEREN'T TAKEN INTO CONSIDERATION. IT WAS DONE IN THE SUMMERTIME TO ME AS OUTLANDISH. SO I'M GLAD WE'RE TAKING A LOOK AT THOSE AGAIN. UM, THOSE WERE, THEY WERE GIVEN THE PARAMETERS THAT ENGINEERING COMPANY OF USING OUR ROUNDABOUT POLICY, WHICH IS TO PUT THE ROUNDABOUTS IN FIRST AND CONSIDER THOSE AS NUMBER ONE BASED ON WHETHER WE COULD ACQUIRE THE LAND. WE CAN ACQUIRE. AS WE CAN SEE WITH 330 PROPERTIES BEING ABLE TO BE TAKEN A MINUTE DOMAIN FOR THE 2022 BOND, WE CAN SEE THAT WE CAN ACQUIRE JUST ABOUT ANY LAND. SO THAT SHOULDN'T BE THE SOLE CRITERIA. IT, IT SHOULDN'T EVEN BE THE NUMBER ONE CRITERIA. IT SHOULD BE WHAT IS THE BEST PLAN FOR THAT INTERSECTION WHEN YOU HAVE THREE SCHOOLS TOGETHER AND CHILDREN COMING TO THOSE SCHOOLS AND TRAFFIC. AND WHEN I MET WITH PEOPLE ABOUT THIS, I WAS VERY SURPRISED AT WHAT THEY WERE SAYING AS FAR AS LIKE THE THE CHILDREN ARE GONNA BE ABLE TO STOP THOSE ROUNDABOUTS THAT'S GONNA HOLD UP TRAFFIC. ANYWAY, I JUST, I'M LOOKING FORWARD TO THAT STUDY. UM, ITEM. SO 16 CAL VISTA PARK. THIS IS LONG OVERDUE. IT WAS VERY, VERY DISHEARTENING TO HEAR WHAT HAPPENED TO THAT PROPERTY 20 YEARS AGO AND HOW IT JUST RECENTLY WAS UNCOVERED THAT THIS WAS SUPPOSED TO BE A PARK ALL THE TIME. AND HOW THESE FAMILIES WAITED AND WAITED WITH THEIR CHILDREN. MEMBERS OF OUR BROWN COMMUNITY, MISS ADA, YOU'RE ALWAYS TALKING ABOUT OUR BROWN COMMUNITY. SO MEMBERS OF OUR BROWN COMMUNITY WERE WAITING, WAITING FOR THEIR CHILDREN TO BE ABLE TO USE THAT PARK. AND THEIR CHILDREN GREW UP WITHOUT IT. AND NOW THEY'RE SAID THEIR GRANDCHILDREN ARE GROWING UP. THAT THAT IS A DISSERVICE TO OUR COMMUNITY TO, TO, TO, TO HAVE TAKEN THAT AND MADE THE PLANS THAT WE MADE FOR THAT. SO I'M VERY GLAD THAT'S BEING REINSTATED. AND THEN NUMBER, UH, 21, THE WATER, UH, I'M SORRY, THE, UM, SIX CREEKS WATER SOLUTION THAT'S FINALLY COMING DOWN THE PIKE. THAT PRIOR DECISION BY THE PRIOR COUNCIL DEVASTATED MANY FAMILIES. AND THANKFULLY THE PEOPLE, THERE'S ONLY TWO LEFT ON THE COUNCIL THAT VOTED TO DEVASTATE THOSE FAMILIES. SO THE, THE REST OF YOU, IT HAD NOTHING TO DO WITH YOU MAYOR, UH, MAYOR PRO TEM TOBY HAS STOOD UP AGAINST IT. WE'RE VERY THANKFUL THAT THAT'S BEING REVISITED AND HOPEFULLY THE SOLUTION WILL COME TONIGHT. AND I DO WANNA THANK THE FINANCE TEAM FOR ALL OF THEIR WORK. I CAN'T EVEN THANK YOU ENOUGH. THAT WAS A STELLAR BUDGET AND I'M HOPING THAT THE AMENDMENTS THAT COME FORTH ARE EITHER NONE OR VERY LITTLE BECAUSE IT WAS A PERFECT, PERFECT BUDGET. THANK YOU. ALL RIGHT, THANK YOU. THAT'S, UH, STEPHANIE MCDONALD. IF YOU HAVE A FORM, YOU COULD GIVE THAT TO JENNIFER, THAT'D BE GREAT. ALL RIGHT. UH, DO WE HAVE ANYBODY ELSE WHO'D LIKE TO SPEAK? COME ON UP AND PLEASE STATE YOUR NAME FOR THE RECORD. DAVID BARRON. I LIVE IN SIX CREEKS, RETIRED. UH, OUR WATER BILLS FOR THE TWO OF US WHEN WE DON'T, UH, UH, USE IT FOR OUR LAWNS IS NEAR $400 A MONTH JUST TO WASH CLOTHES, UH, CLEAN DISHES AND TAKE SHOWERS. THAT'S IT. THAT'S ABSURD. UH, WE PAID VERY HIGH BILLS BEFORE THE INCREASE, BUT WE FIGURED, OKAY, NEW COMMUNITY, WE ARE PAYING A PIT. IT IS QUITE RIDICULOUS. HOPEFULLY TONIGHT IT WILL BE, UH, THE RIGHT DIRECTION AND IT'LL BE CORRECTED ON TOP OF THAT, I'M NOT THE ONLY ONE WHO HAS BROWN WATER COMING OUT OF OUR FAUCET. I KNOW YOU PAID EXTRA, I GUESS FOR BROWN WATER IN OUR COMMUNITY. UH, I HAD LEFT SOME FILTERS FOR YOU, UH, THAT THE DATE OF INSTALLATION AND THE DATE OF REMOVAL, LESS THAN A MONTH FOR SIX MONTH FILTERS, AND THEY'RE PLUGGED SOLID. UH, IT'S BAD. AND THAT'S TO PROTECT OUR SECOND WATER SOFTENER. THAT'S BEFORE OUR WATER SOFTENER. IT RUINED OUR FIRST ONE AT $900. [00:30:01] SO WE ARE PAYING $60 FOR FILTERS ALMOST EVERY MONTH ON TOP OF THE WATER BILL. PLUS WE'RE STILL RECOUPING OUR 1-YEAR-OLD WATER HEATER, UH, WATER SOFTENER. HOPEFULLY YOU CAN GET THIS CORRECTED. UH, THIS, THIS IS MAKE IT AFFORDABLE. THE WATER, THE MONEY THAT WE'RE SPENDING ON OUR WATER BILL IS NOT GOING INTO THE LOCAL BUSINESSES. WE WERE SPENDING IT BEFORE. WE CAN'T NOW. MOST OF US CAN'T. THANK YOU. THANK YOU. GREAT. I DON'T HAVE ANY MORE FORMS. WOULD ANYBODY ELSE LIKE TO COME UP AND SPEAK? ALL RIGHT. SEE NONE. I'M GONNA CLOSE CITIZEN'S COMMENTS. UP NEXT WE HAVE PROCLAMATIONS, [2) A proclamation recognizing Hunger Action Month.] UH, A PROCLAMATION RECOGNIZING HUNGER ACTION MONTH ITEM PRESENTER LAURA LEE HARRIS. I ENJOY DOING THIS, UM, ON BEHALF OF THE FOOD BANK. WHEREAS HAYES COUNTY FOOD BANK REPRESENTS A COUNTYWIDE EFFORT TO PROVIDE NUTRITIOUS FOOD TO INDIVIDUALS AND FAMILIES FACING FOOD INSECURITY MADE POSSIBLE THROUGH THE GENEROUS SUPPORT OF INDIVIDUALS, CIVIC ORGANIZATIONS, LOCAL GOVERNMENT AND BUSINESSES. AND WHEREAS HOUSEHOLDS WITH CHILDREN ARE DISPROPORTIONATELY AFFECTED BY FOOD INSECURITY AND MANY DO NOT QUALIFY FOR FEDERAL NUTRITION ASSISTANCE, SUCH AS THE SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM, SNAP RELYING INSTEAD ON FOOD BANKS AND COMMUNITY-BASED FOOD PROGRAMS FOR SUPPLEMENTAL SUPPORT. AND WHEREAS HAYES COUNTY FOOD BANKS SERVED AN AVERAGE OF FOR 1400 LOW INCOME HOUSEHOLD EACH WEEK IN 2025 WITH OVER 25% OF ALL CLIENTS SERVED BY THE HAYES COUNTY FOOD BANK BEING RESIDENTS OF KYLE. AND WHEREAS HAYES COUNTY FOOD BANK DISTRIBUTED OVER 1.8 MILLION POUNDS OF FOOD THROUGH THE CLIENT CHOICE MARKET, THREE DIRECT OFFSITE DISTRIBUTIONS AND 18 LAST MILE SITES, AND PROVIDED 1500 HOLIDAY MEAL KITS TO COMMUNITY MEMBERS. AND WHEREAS THE NEED FOR FOOD ASSISTANCE CONTINUES TO GROW, AND HAYES COUNTY FOOD BANK IS DISTRIBUTING OVER DOUBLE THE MONTHLY WEIGHT OF FOOD SINCE THE PREVIOUS YEAR, MAKING COMMUNITY NOTIONS MORE CRITICAL THAN EVER. AND WHEREAS NATIONAL HUNGER ACTION MONTH OBSERVED EACH SEPTEMBER, IT IS A NATIONAL CAMPAIGN LEAD BY LED BY FEEDING AMERICA TO RAISE AWARENESS OF HUNGER IN THE UNITED STATES AND TO ENCOURAGE ALL AMERICANS TO TAKE ACTION IN THE FIGHT AGAINST HUNGER. AND I WOULD LIKE TO, UM, ADD THAT I'M PLEASED THAT THE CITY OF KYLE FINANCIALLY SUPPORTS THE FOOD BANK. I THEREFORE, DR. LAURA LEE HARRIS, CITY COUNCIL MEMBER, DISTRICT FOUR, BY VIRTUE OF THE AUTHORITY VESTED IN ME, DO HEREBY PROCLAIM THE MONTH OF SEPTEMBER, 2026 AS HUNGER ACTION MONTH IN KYLE, TEXAS, AND CALL UPON THE PEOPLE OF KYLE TO PLEDGE TO TAKE ACTION IT AGAINST HUNGER IN OUR COMMUNITY, WHETHER IT BE FUND BY FUND OR FOOD DONATION, VOLUNTEERING OR ADVOCACY. AND I THINK WE HAVE LESLIE HERE TO COME ACCEPT THE PROCLAMATION. LISA, I SAID LESLIE, DUH. I DON'T TAKE IT PERSONALLY. DR. HARRIS , THANK YOU SO MUCH, UH, FOR THOSE COMMENTS AND FOR THIS PROCLAMATION, SEPTEMBER IS HUNGER ACTION MONTH. THE COLOR OF THAT IS ORANGE. THE ORANGEST THING WE COULD EVER THINK OF THAT'S SHELF STABLE IS MACARONI AND CHEESE . SO I'M HERE TO TELL YOU THAT STACK THE MAC IS BACK. OKAY, LAST TIME WE DID THIS TWO YEARS AGO, THE COMMUNITY RAISED LITERALLY OVER ONE TON OF MACARONI AND CHEESE. THE FIRST PEOPLE TO FIND OUT WHAT THE THEME WAS THIS YEAR, STACK THE MAC'S BACK WAS KYLE. AND THE REASON WE'RE HERE FIRST IN KYLE IS THAT THE KYLE SENIOR ZONE STEPPED UP AND GAVE US OVER 500 BOXES OF MACARONI CHEESE THAT THEY RAISED THROUGH ALL OF THESE TERMS. WE WERE, WE WERE BLOWN AWAY. WE WERE SO IMPRESSED BY THAT. SO THIS IS A MONTH WHERE WE WANNA BE VERY VISIBLE. SOME OF US ARE WEARING EMERGENCY ORANGE. SO YES, WE'RE AS VISIBLE AS WE COULD POSSIBLY BE AND THRILLED TO BE HERE START KICKING OFF HUNGER ACTION MONTH, EVEN THOUGH IT'S STILL AUGUST HEARING KYLE FIRST. BUT IT IS, AS DR. HARRIS POINTED OUT THROUGH THE PROCLAMATION, THERE ARE SOME SOBERING NUMBERS EVERY SUMMER. FEEDING AMERICA REDOES THE NUMBERS THROUGH THEIR DIFFERENT SURVEYS. THEY DO. AND THE FEDERAL GOVERNMENT REDOES THEIR POVERTY LINE. AND SO EVERY JULY WE HAVE [00:35:01] TO REDO EVERYTHING OURSELVES TO MAKE SURE THAT WE'RE COMPLIANT WITH ALL THE FEDERAL GUIDELINES. THIS AREA IS USUALLY AT ABOUT 16.7% FOOD INSECURE FOR THE FIRST TIME. I'M GONNA CHOKE UP WHEN I SAY IT FOR THE FIRST TIME. WE HAVE TOP 20% FOR THE NUMBER OF CHILDREN IN THIS CITY THAT ARE FOOD INSECURE. WHEN YOU DONATE TO THE FOOD BANK, THAT MEANS THERE ARE KIDS GETTING DINNER TONIGHT THAT WOULD NOT HAVE HAD FOOD IN THAT KITCHEN WITHOUT THE FOOD BANK AND THE FOOD BANK. A LOT OF THAT MANY PEOPLE, WE HAVE ABOUT 8,000 FAMILIES A MONTH THAT RELY ON THE FOOD BANK. AND THE FOOD BANK RELIES ON YOU. IT RELIES ON THE CITY FUNDING. IT RELIES ON THE INDIVIDUALS. 85% OF OUR FUNDING COMES FROM INDIVIDUALS NON-GOVERNMENT RELATED. THAT IS JUST PEOPLE THAT COME. THEY BRING FOOD, THEY BRING MONEY, AND WE NEED BOTH. WE ALSO NEED VOLUNTEERS. WE HAVE AN AR WE HAVE 12 EMPLOYEES AND 2,400 VOLUNTEERS EVERY YEAR. AND WE NEED EVERY BIT OF IT. SO WE INVITE YOU TO DONATE, WE INVITE YOU TO ADVOCATE FOR OUR PEOPLE THAT I'M TELLING YOU ABOUT, AND WE INVITE YOU TO VOLUNTEER. THE BEST WAY TO SEE IT IS TO VOLUNTEER. I ALSO WILL TELL YOU BEFORE WE, BEFORE I WRAP IT UP, THAT THE MAYOR OF SAN MARCOS DONATED A STACK, HER HEIGHT . SO CHALLENGE, I HOPE. THANK YOU FOR THIS PROCLAMATION. THIS KIND OF AWARENESS AND ADVOCACY IS REALLY CRUCIAL TO OUR MESSAGE BECAUSE WE JUST SIMPLY CANNOT DO IT ALONE. UM, ONE OF MY CHILDREN IS A TEACHER IN THE HAYES, UH, CISD. EVERY TIME HE VOLUNTEERS AT THE FOOD BANK, HE SEES SOME OF HIS KIDS. MM-HMM . IF HE VOLUNTEERS HANDING OUT TURKEYS, HE GOES BACK TO SCHOOL THE NEXT DAY. AND PEOPLE ARE LIKE, MR. YOUNG, I SAW YOU AT. AND THEY'RE, THEY'RE THRILLED. THEY'RE NOT EMBARRASSED BECAUSE THAT'S THE ENVIRONMENT, THE WELCOMING ENVIRONMENT THAT WE WANT TO GIVE PEOPLE. AND, BUT IT TOUCHES HIS HEART EVERY TIME BECAUSE HE KNOWS THAT HE'S GOT KIDS SITTING IN THOSE DESKS THAT DO NOT HAVE FOOD. SO, THANK YOU. DONATE VOLUNTEER ADVOCATE AND GET YOUR MACARONI READY, , AND COME SEE THE NEW FOOD BANK. OH, IF YOU HAVEN'T BEEN TO THE NEW FOOD BANK, YOU'VE NOT BEEN THERE. IT IS AMAZING. IT IS REALLY NEW STORE. WE'VE BEEN OPEN ONE YEAR THIS MONTH. IT IS WONDERFUL. YEAH, IT IS WONDERFUL. AND OF COURSE THE BEST WAY TO SEE IT IS TO VOLUNTEER IN IT. CAN WE DO A PICK? YEP. THAT'D BE GREAT. I HAVE, I HAVE STARTER MACARONI IF ANYONE WANTS TO HOLD MACARONI IN THE CAKE. . I'M RUN OUTTA CHAIR NOW. WE BUILT THAT. WE AND WE BUILT A WALL AND A HE'S GOT RECIPES. ALL RIGHT. COUNT OF THREE. 1, 2, 3. ALRIGHT. ALL RIGHT. UP [V) Agenda Order] NEXT WE HAVE AGENDA ORDER. IS THERE ANY ITEMS THAT WE WOULD LIKE TO MOVE UP? 21. WOULD WE BRING UP THE NUMBERS? THE SECOND 21? YES. THE OG 21. WE WILL MOVE THAT UP AND WE WILL DO THAT AFTER CONSENT. ALL RIGHT, SO I'M [VI) Consent Agenda] NEXT. WE HAVE CONSENT. IS THERE ANYTHING THAT ANYBODY WOULD LIKE TO PULL? NOPE. NOPE. ALL RIGHT. SEEING NONE, I WOULD LIKE TO MAKE A MOTION TO APPROVE AND AGENDA ITEMS FOUR THROUGH 11. SECOND. OKAY. UM, I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. [00:40:01] ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? OKAY. MOTION PASSES. SIX ZERO. ALL RIGHT. UP NEXT [21) Consider approval of a Resolution accepting the Discussion Points & Term Sheet negotiated by the Interim City Manager with the developer of the 6 Creeks Development pursuant to the direction provided by the City Council on May 19, 2026, and directing the City Attorney to prepare and bring forward for the City Council’s consideration and approval at its September 15, 2026 meeting an amendment to the 6 Creeks Development Agreement to memorialize and codify the terms and provisions set forth in the agreed-upon Discussion Points & Term Sheet as attached to this agenda item.] WE HAVE AGENDA ITEM 21, SECOND 21, CONSIDER APPROVAL OF A RESOLUTION ACCEPTING THE DISCUSSION POINTS AND TERM SHEETS NEGOTIATED BY THE INTERIM CITY MANAGER WITH THE DEVELOPER OF THE SIX CREEKS DEVELOPMENT PURSUANT TO THE DIRECTION PROVIDED BY THE CITY COUNCIL ON MAY 19TH, 2026. IN DIRECTING THE CITY ATTORNEY TO PREPARE AND BRING FORTH FOR THE CITY COUNCIL'S CONSIDERATION AND APPROVAL AT HIS SEPTEMBER 15TH, 2026 MEETING AN AMENDMENT TO THE SIX CREEKS DEVELOPMENT AGREEMENT TO MEMORIALIZE AND CODIFY THE TERMS AND PROVISIONS SET FORTH IN THE AGREED UPON DISCUSSION POINTS AND TERM SHEET AS ATTACHED TO THIS AGENDA. ITEM ITEM PRESENTER, PEREZ MOHE MAYOR, MAYOR PROAM. COUNCIL MEMBERS FOR THE RECORD, I'M PERS MOHE CITY'S INTERIM CITY MANAGER AND DIRECTOR OF FINANCE. SO THIS EVENING I'M GONNA, THIS IS MY OUTLINE OF THE PRESENTATION. I'M GONNA START WITH THE CITY COUNCIL'S DIRECTION GIVEN TO ME. THEN WE'LL GO OVER THE NEGOTIATION PROCESS THAT I FOLLOWED. THEN I WILL REVIEW WITH YOU THE DIS UH, THE DISCUSSION POINTS AND TERM SHEET THAT BETWEEN MYSELF AND THE DEVELOPER OF SIX CREEKS DEVELOPMENT WE AGREED TO, THAT WE WOULD BRING FORWARD TO COUNCIL FOR YOUR CONSIDERATION. AND THEN I WILL REVIEW WITH YOU MY BASIS FOR RE MAKING THOSE RECOMMENDATIONS AND I'LL GO OVER THOSE IN, IN IN DETAIL WITH YOU. AND FINALLY WE'LL OPEN IT UP FOR YOUR FEEDBACK AND IF YOU WISH TO SEEK ANY ADVICE FROM THE CITY ATTORNEY. SO WHAT WAS THE DIRECTION GIVEN TO INTERIM CITY MANAGER? SO ON MAY 19TH, UNDER AGENDA ITEM NUMBER 25, CITY COUNCIL DIRECTED ME AS THE INTERIM CITY MANAGER AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE DEVELOPER OF THE SIX CREEKS DEVELOPMENT TO RESOLVE OUTSTANDING CONTRACTUAL ISSUES AND TO BRING BACK ANY PROPOSED AGREEMENTS OR AMENDMENTS TO THE CITY COUNCIL FOR CONSIDERATION AND APPROVAL. SO THAT BASICALLY WAS MY CHARGE AND I AM BRINGING BACK THIS EVENING FOR YOUR CONSIDERATION AND APPROVAL. THE ITEMS THAT WE HAVE REACHED AGREEMENT UPON, THERE ARE 15 ITEMS AND I WILL WALK YOU THROUGH EACH ONE OF THEM. SO HOW DO WE BEGIN THIS NEGOTIATION PROCESS? THIS IS TO GIVE YOU BACKGROUND AS WELL AS TO OUR RESIDENTS. I STARTED OUT WITH OBTAINING A WRITTEN LEGAL ASSESSMENT OF ALL THE OUTSTANDING CONTRACTUAL ISSUES FROM OUR CITY ATTORNEY. THAT WAS MY STARTING POINT. SHE WAS ABLE TO IDENTIFY ALL OF THE CONTRACTUAL ISSUES THAT WAS ON THE TABLE, UNRESOLVED AS OF THAT DAY TO MOVE ALONG. IT REQUIRED REBUILDING TRUST BETWEEN THE CITY AND THE DEVELOPER OF SIX CREEKS. NO ATTORNEYS OR OTHER CITY STAFF WERE PRESENT IN THESE MEETINGS WITH THE SIX CREEK DEVELOPER. THAT WAS MY CONDITION WHEN CITY COUNCIL GAVE ME THAT DIRECTION THAT I WOULD WORK WITHOUT ANY ATTORNEYS IN THE ROOM BECAUSE WE'VE TRIED THAT. WE WANTED TO TRY SOMETHING DIFFERENT. SO THAT WAS HOW I APPROACHED THIS. I DEDICATED TIME TO UNDERSTAND THE SIX CREEK DEVELOPER'S POSITION AND WHY THEY WERE IN THAT POSITION. WHY DID THEY TAKE THAT POSITION? THAT WAS VERY IMPORTANT. TO BEGIN THE CONVERSATION WITH THEM, I PROVIDED REPEATED ASSURANCE ASSURANCES TO THEM THAT THE CITY WAS GENUINE IN ITS WANT TO AMICABLY RESOLVE OUTSTANDING CONTRACTUAL ISSUES THAT HAD TO BE MADE CLEAR THAT WE WERE SERIOUS, THAT WE WERE NOT TOYING WITH THEM. AND THAT I WOULD, IN ALL FAIRNESS AND GENUINENESS, THAT I WOULD APPROACH THIS AND SIT DOWN ACROSS THE TABLE WITH THEM AND WORK THROUGH EVERY SINGLE CONTRACTUAL ISSUES THAT I RECEIVED FROM THE CITY ATTORNEY. THE APPROACH TO RESOLVING THIS WAS COLLABORATIVE. [00:45:01] IT REQUIRED SEVERAL MEETINGS TO DISCUSS AND AGREE ON RESOLVING THOSE OUTSTANDING CONTRACTUAL ISSUES. AND I MADE IT VERY CLEAR FROM THE GET GO WITH THE DEVELOPER OF SIX CREEKS THAT CITY COUNCIL WOULD MAKE THE FINAL DECISION REGARDING ANYTHING WE AGREE ON. SO I WAS NOT THE FINAL DECISION MAKER. IT WAS CITY COUNCIL AND THEY AGREED, THEY UNDERSTOOD AND THEY RESPECTED THAT. SO SINCE MAY 19TH, MAY 19TH IS WHEN CITY COUNCIL GAVE ME THAT DIRECTION. SO SINCE MAY 19TH, THE INTERIM CITY MANAGER AND SIX CREEKS DEVELOPER MET DURING SEVERAL MEETINGS. IT WAS NOT ONE SINGLE MEETING, IT WAS NOT TWO, TWO MEETINGS. IT WAS NOT LUNCH, IT WAS NOT DINNER. IT WAS SERIOUS CONVERSATION AT CITY HALL ON MULTIPLE OCCASIONS TO IDENTIFY, TO DISCUSS AND COLLABORATIVELY DEVELOP SOLUTIONS TO RESOLVE THE CONTRACTUAL ISSUES THAT HAD RESULTED IN AN IMPASSE BETWEEN THE PREVIOUS CITY TEAM AND THE SIX CREEKS DEVELOPERS TEAM. THE COMMON GOAL FOR THE TWO SIDES WAS TO FIND REASONABLE SOLUTIONS TO RESOLVE ALL OUTSTANDING CONTRACTUAL ISSUES FOR MOVING FORWARD IN THE BEST MUTUAL INTEREST OF BOTH PARTIES, NOT JUST FOR THE CITY, NOT JUST FOR THE SIX CREEKS DEVELOPMENT, BUT BOTH OF US. THE DISCUSSION POINTS AND TERM SHEET THAT I HAVE ATTACHED TO THIS AGENDA ITEM AS EXHIBIT NUMBER FOUR, OUTLINES THE KEY ISSUES IDENTIFIED AS THE PRIMARY FACTORS CONTRIBUTING TO THE IMPASSE BETWEEN THE PREVIOUS CITY TEAM AND THE SIX CREEKS DEVELOPER FOR EACH CONTRACTUALLY ISSUE IDENTIFIED. DURING THESE MEETINGS, THE INTERIM CITY MANAGER AND SIX CREEKS DEVELOPER ENGAGED IN OPEN AND CONSTRUCTIVE DIALOGUE. THERE WAS NO SECRET AGENDA, THERE WAS NO SECRET NOTES THAT I BROUGHT INTO THE ROOM OR THAT THEY BROUGHT INTO THE ROOM. WE REVIEWED RELEVANT BACKGROUND INFORMATION AND EVALUATED THE PROVISIONS IN THE ORIGINAL DEVELOPMENT AGREEMENT AND THE FIRST AMENDMENT. THE CITY HAS A DEVELOPMENT AGREEMENT AND SINCE THEN THERE HAS BEEN A FIRST AMENDMENT TO THAT DEVELOPMENT AGREEMENT. SO WE CONSIDERED BOTH OF THOSE DOCUMENTS AND WE USED THOSE DOCUMENTS AS THE BACKDROP TO MAKE, UH, TO RESOLVE THESE OUTSTANDING ISSUES. THROUGH THIS COLLABORATIVE PROCESS, WE, THE INTERIM CITY MANAGER AND THE SIX CREEKS DEVELOPER WERE ABLE TO DEVELOP MUTUALLY ACCEPTABLE SOLUTIONS THAT WOULD NOT ONLY SUPPORT THE BEST, BEST INTERESTS OF BOTH PARTIES, BUT ALSO PROVIDE A FRAMEWORK FOR MOVING FORWARD AS RESPONSIBLE PARTNERS AND STEWARDS IN THE COMMUNITY. IN THE KYLE COMMUNITY, THIS WAS VERY IMPORTANT BECAUSE NOT ONLY DO WE WANNA AGREE ON OR RESOLVE THOSE OUTSTANDING ITEMS, BUT WE ALSO WANTED A FRAMEWORK THAT WOULD HELP US MOVE FORWARD IN, IN, UH, CODIFYING THOSE AGREEMENTS. ALL ITEMS INCLUDED IN THE DISCUSSION POINTS AND TERM SHEET AS ATTACHED TO THIS AGENDA ITEM. OUR SUBJECT, WE HAD TO AGREE ON THIS FROM THE GET GO, OUR SUBJECT TO CITY COUNCIL'S REVIEW AND APPROVAL. SO NO MATTER WHAT PROGRESS SAID AS INTERIM CITY MANAGER OR WHAT THEY BROUGHT TO THE TABLE, BOTH SIDES AGREED FROM THE FIRST MEETING THAT THE FINAL APPROVAL IS WITH THE CITY COUNCIL. SO LET'S GO OVER THE DISCUSSIONS POINT AND TERM SHEET. IT HAS A TOTAL OF 50 15 DISCUSSION POINTS CONSIDERED THAT WE CONSIDERED REVIEWED AND CONCURRED UPON. THE VERY FIRST ONE WAS SETTING THE STAGE OR THE AGENDA THAT THE AUTHORITY FOR NEGOTIATIONS CONSIDERATIONS AND FINAL APPROVAL OF TERMS WAS WITH THE CITY COUNCIL, NOT [00:50:01] WITH THE INTERIM CITY MANAGER OR THE SIX CREEKS DEVELOPER. THE SECOND ITEM OF IMPORTANCE, AND THIS WAS VERY IMPORTANT TO SIX CREEKS, THAT THE CITY'S NOTIFICATION LETTER DATED JANUARY 30TH, 2026, THAT THE CITY SENT TO THE SIX CREEKS DEVELOPER INVALIDATING THE DEVELOPMENT AGREEMENT THAT NEEDED TO BE DISCUSSED AND RESOLVED. NUMBER THREE, PAYMENT DUE TO THE CITY FOR THE OLD STAGE COACH, ROAD DEVELOPMENT OR REDEVELOPMENT. NUMBER FOUR, DEDICATION OF RIGHT AWAY FOR ALL STAGE COACH ROAD RECONSTRUCTION. UNDER THE ORIGINAL DEVELOPMENT AGREEMENT, SIX CREEKS DEVELOPMENT AGREEMENT REQUIRED THAT THE DEVELOPER CONVEY TO THE CITY RIGHT AWAY THAT ABUTS THEIR DEVELOPMENT FOR STAGECOACH RECONSTRUCTION. SO THAT NEEDED TO BE ADDRESSED. NUMBER FIVE, SIX AND SEVEN ARE INTERLOCKED AND INTERRELATED. AND LET ME EXPLAIN THAT. PAYMENT DUE TO CITY FROM SECOND PIT BOND BOND ISSUANCE PLUS ANY DEFERRED INITIAL ALLOCATION FROM THE FIRST PIT BOND ISSUANCE. SO THE CITY IS ENTITLED TO A 10% TRIBUTE FEE FROM BOND ISSUANCES THAT EVERY TIME SIX CREEK ISSUES BONDS CITY RECEIVES 10% OF THAT UH, BOND ISSUANCE FOR DEDICATED TOWARDS IMPROVEMENTS OF INFRASTRUCTURE. THAT WOULD HELP THE SIX CREEKS DEVELOPMENT FOR THE BENEFIT OF THAT SIX CREEKS DEVELOPMENT. HOWEVER, AFTER THE FIRST PID BOND ISSUANCE THE SECOND AND THERE, THERE THEREFORE AFTER THAT THOSE TRIBUTE FEES WERE PUT ASIDE OR SUSPENDED UNTIL THE DEVELOPER WAS REIMBURSED FOR A LIST OF IMPROVEMENTS THAT THE CITY AND THE DEVELOPER AGREED THAT THEY SHOULD BE REIMBURSED FOR. SO FIVE, SIX AND SEVEN ON ARE INTERRELATED. WE, THE CITY WANTED TO MAKE SURE THAT THERE WAS SOME ACCOUNTING, SOME RECONCILIATION BETWEEN THE TWO PARTIES TO RESOLVE THAT ISSUE. HOW MUCH WAS NET AMOUNT DUE TO THE CITY AFTER ALL THAT? SO WE AGREED. THE TWO SIDES AGREED THAT YES, THERE WAS AN ISSUE THAT NEEDS TO BE RESOLVED FOR THE DEFERRED ALLOCATION THAT IS DUE TO THE CITY. THEY ALSO AGREED WITH ME THAT A RECONCILIATION OF COSTS MUST OCCUR. AND WITHOUT THEIR COOPERATION, WITHOUT THE SIX CREEKS DEVELOPER'S COOPERATION, THE CITY COULD NOT COMPLETE THIS TASK. WE HAD TO EXAMINE, WE HAD TO REVIEW THEIR COST INFORMATION THAT THEY PROVIDED VERY OPENLY TO THE CITY TO DETERMINE HOW MUCH THEY HAD ALREADY RECEIVED FOR THOSE PARTICULAR, VERY SPECIFIC, UH, INFRASTRUCTURE IMPROVEMENTS. WE WENT THROUGH THAT LINE BY LINE NUMBER SEVEN. AFTER DOING THOSE FIVE AND SIX, WE AGREED ON A SETTLEMENT OF THE AMOUNT THAT IS NOW DUE. THAT CATCHES UP TO THE CITY FOR THE CITY ALL THE WAY THROUGH IMPROVEMENT. AREA NUMBER FIVE, THEY'RE WORKING ON IMPROVEMENT. NUMBER SIX IS DONE PRETTY MUCH THEY'RE STARTING IMPROVEMENT AREA SEVEN. SO WE WERE ABLE TO RECONCILE FROM IMPROVEMENT AREA TWO THROUGH FIVE. ALL OF THAT HAS BEEN RECONCILED AND YOU WILL SEE THE NET AMOUNT THAT HAS BEEN DETERMINED THAT THEY OWE TO THE CITY. HAVE WE NOT GONE THROUGH THIS EXERCISE THAT WOULD'VE NEVER BEEN IDENTIFIED OR CLEARLY AGREED UPON THAT THEY DO OWE THAT AMOUNT TO THE CITY? NUMBER EIGHT, WE HAVE AGREED IN A MANNER SUCH THAT ALL FUTURE CITY ALLOCATIONS, SO IN THE FUTURE FROM THIS POINT FORWARD FOR IMPROVEMENT AREAS, NUMBER SEVEN N AND FUTURE ONES, [00:55:02] ANYTIME THEY ISSUE BONDS THAT THE CITY WOULD BE PROTECTED AND WOULD BE ENTITLED TO RECEIVE A COMMUNITY BENEFIT FEE OF 10%. SO NOW THERE'S NO QUESTION ABOUT IT. THERE'S NO DOUBT ABOUT IT. WE HAVE AGREED HOW THAT WOULD BE CALCULATED WHEN THAT FEE WOULD BE DUE TO THE CITY AND HOW THE CITY CAN USE THAT FEE. AND I WILL SHOW YOU HOW THAT IS STRUCTURED IN A MINUTE. NUMBER NINE, THIS WAS A HUGE UNRESOLVED ITEM BETWEEN THE CITY AND THE DEVELOPER. THE WATER AND WASTEWATER SERVICE RATES. THE DEVELOPMENT AGREEMENT IS, IN MY OPINION, IS VERY CLEAR HOW IT'S WORDED. IT WAS NEGOTIATED IN GOOD FAITH BY THE CITY AND THE DEVELOPER. WE HAD TEAMS OF LAWYERS ON BOTH SIDES. IT WAS FULLY VETTED. IT, IT WAS AGREED UPON BY THE CITY IN EXCHANGE FOR WHAT THE DEVELOPER WAS DOING FOR THE CITY AND THE COMMUNITY. SO WE'LL GO OVER THOSE. NUMBER 10, CONSIDERATION OF VALUE TO LIEN RATIO FOR BOND ISSUANCES. THIS IS A TECHNICAL, UH, ISSUE THAT OCCURS EVERY TIME WE ISSUE BONDS AND IF THE DEVELOPER DON'T HAVE SUFFICIENT VALUE TO LIEN RATIO. WE HAVE BEEN PRACTICING THIS. UM, BUT NOW WE'RE GONNA PUT IT IN WRITING HOW THIS WORKS. SO IF STAFF CHANGES ON OUR CITY SIDE OR STAFF CHANGES ON THE SIX CREEKS, DEVELOPER SIDES OR FINANCIAL ADVISORS CHANGE, UH, AT LEAST THIS WILL BE CODIFIED AND PUT IN WRITING. HOW WE APPROACH VALUE TO LEAN RATIO WHEN THE DEVELOPER DOES NOT MEET THAT TARGET. AND I'LL SHOW YOU WHAT WE HAVE BEEN DOING. THIS SIMPLY CODIFIES IT, IT JUST PUTS IT IN WRITING WHAT WE HAVE BEEN DOING, NUMBER OF PIT IMPROVEMENT AREAS. THE SIX WEEKS DEVELOPER WAS CONCERNED ABOUT CITY, UM, MANDATING WHEN AND HOW MANY PIT IMPROVEMENT AREAS THEY CAN HAVE WITHIN THEIR DEVELOPMENT. WE AGREED UPON THAT BASED ON THEIR BUSINESS NEEDS, MARKET CONDITIONS THAT THE CITY WOULD AGREE WHAT AND WHEN IT IS NEEDED. AND THAT IS GOING TO BE CLARIFIED IN THIS AMENDMENT. WE TOUCHED UPON THE PARK PARK DEVELOPMENT. PARK PAR, UH, POCKET PARK IS WHERE OUR STAGECOACH OAK TREE, HERITAGE OAK TREE HAS BEEN RELOCATED TO. THE SIX CREEKS DEVELOPER HAS DEDICATED PARKLAND TO THE CITY. IT IS DEEDED TO THE CITY. IT'S IN CITY'S NAME. BUT THERE ARE SOME CONDITIONS IMPOSED ON THE CITY THAT IF WE GIVE YOU THIS LAND AND YOU MOVE THIS TREE OVER HERE, THESE ARE THE THINGS YOU WILL HAVE TO DO. AND WE WERE ABLE TO PROTECT THE CITY'S INTEREST. AND I'LL WALK YOU THROUGH WHAT THOSE ARE. THE FINAL PROJECT CLOSEOUT. WHAT HAPPENS WHEN SIX CREEK IS FULLY DEVELOPED? WHAT HAPPENS TO THE LEFTOVER MONIES, LEFTOVER ASSESSMENTS. WE AGREED ON HOW THAT WOULD BE SETTLED UPFRONT NOW. AND THEN WE ALSO AGREED ON NEXT STEPS THAT WHAT ARE THE NEXT STEPS AFTER WE COME UP WITH THIS TERM SHEET, WHAT HAPPENS TO IT? WHERE DO WE GO FROM THERE? AND I'LL SHOW YOU WHAT WE AGREED TO. AND THEN FINALLY, AND THIS IS IMPORTANT TOO, WE AGREED THAT THAT'S IT. NO MORE. WE'VE IDENTIFIED THE LIST WE WALKED THROUGH, WE TALKED THROUGH, WE RESOLVED THEM. THAT'S IT. NEITHER SIDE IS GONNA COME BACK WITH, OH, I GOT ONE MORE. OH, I GOT ONE MORE. THIS IS IT. SO HERE WE GO. I'LL WALK YOU THROUGH ONE AT A TIME, ALL 15 OF 'EM. I PROMISE YOU IT WON'T TAKE VERY LONG. AND IT'S IMPORTANT FOR COUNCIL TO UNDERSTAND, FOR OUR RESIDENTS TO UNDERSTAND AND ESPECIALLY OUR CITY ATTORNEY BECAUSE IF Y'ALL ARE GONNA HAVE ANY LEGAL QUESTIONS, I'D LIKE FOR HER TO KNOW WHAT EXACTLY WE WE AGREED TO. SO NUMBER ONE WAS AUTHORITY FOR NEGOTIATIONS, CONSIDERATIONS AND FINAL APPROVAL OF TERMS. ALL ITEMS ARE SOLELY FOR DISCUSSION PURPOSES AND REMAIN SUBJECT TO REVIEW, MODIFICATION, [01:00:01] CONSIDERATION, AND FINAL APPROVAL BY THE CITY COUNCIL. SO THAT WAS AGREED UPON AT THE OUTSET. NO AMENDMENTS TO THE DEVELOPMENT AGREEMENT SHALL BE CONSIDERED OR APPROVED UNLESS AND UNTIL THE CITY COUNCIL HAS COMPLETED ITS REVIEW AND GRANTED FINAL APPROVAL OF THE APPLICABLE TERMS. ALL OF THE 14 REMAINING THAT I'LL WALK YOU THROUGH. SO THAT WAS NUMBER ONE. NUMBER TWO, THIS WAS THE, THE LETTER THAT THE CITY SENT THROUGH ITS ATTORNEY TO THE SIX CREEKS DEVELOPER. THE LETTER BASICALLY IN SUMMARY WAS SAYING THAT THE DEVELOPMENT AGREEMENT THAT YOU HAVE WITH THE CITY IS INVALID. THAT THAT WAS A HUGE CONCERN OF THEIRS BECAUSE THEY'RE 75% DONE THERE. THEY'RE MORE THAN HALFWAY DONE. 75% OF THEIR LOTS ARE COMPLETED AND THEY WERE CONCERNED THAT THE CITY IS CHANGING THE RULES ON THEM. SO FOR MOVING FORWARD IN GOOD FAITH, THE CITY WILL HEREBY AGREE TO RESCIND THE NOTIFICATION LETTER DATED JANUARY 30TH, 2026. AND TO DO THAT, A FORMAL LETTER ON CITY'S LETTERHEAD WILL FOLLOW TO CODIFY THE CITY'S INTENTIONS TO REVOKE OR WITHDRAW THE SET NOTICE LETTER AND TO DEMONSTRATE THE CITY'S GOOD FAITH EFFORTS TO MOVE FORWARD. IF WE DON'T AGREE ON THIS, THERE'S NO SENSE IN AGREEING ON THE REST OF THE 13 ITEMS. 'CAUSE THIS BASICALLY SAID SIX CREEKS, YOUR DA IS NO LONGER VALID. PROFESS, CAN I GET A QUICK CLARIFICATION BECAUSE MY, MY MEMORY IS THAT THAT LETTER WAS IN RESPONSE TO A LETTER THAT THEY HAD SENT THE CITY. UM, AM I REMEMBERING WRONG OR, OR IS, IS THAT NOT THE CASE COUNCIL MEMBER? I, I HONESTLY DON'T KNOW. UH, WHAT PRECIPITATED THAT LETTER? I MEAN, UNLESS OUR CITY ATTORNEY CAN ADD TO IT WITHOUT GOING INTO ALL THE DETAILS, THERE WAS A LETTER THAT CAME FROM SIX CREEKS. FIRST, I DON'T RECALL THE DATES. AND THEN WE SENT ONE LETTER BACK AND THEN WE SENT THIS LETTER AFTER THAT. IS IT POSSIBLE TO KNOW THE MERITS OF THAT LETTER LETTER THAT WOULD HAVE ENGAGED THE CITY TO SEND ITS LETTER? WE, WE CAN SEND ALL THE LETTERS TO COUNCIL AS WE CONTINUE IN THIS PROCESS. OKAY. IS THAT OKAY WITH YOU, COUNCIL MEMBER MCKINNEY? ABSOLUTELY, YES. OKAY. SO FOR SIX CREEKS, THIS WAS THEIR FIRST STEP. UNLESS WE RESOLVE THIS, WE WEREN'T MOVING IT ANY FURTHER. THE NEXT BIG ITEM, AT LEAST FOR THE CITY, WAS TO SECURE AND PROTECT THE CITY'S RIGHT TO $1.2 MILLION FOR THE STAGECOACH ROAD RECONSTRUCTION. NOT THE ENTIRE STAGECOACH SEGMENT, BUT ONLY THAT SEGMENT THAT THE DEVELOPER WAS REQUIRED TO BUILD. SINCE THE CITY OF KYLE HAS THE 2022 ROAD BOND PROGRAM AND WE UNDERTOOK THE DESIGN AND CONSTRUCTION OF THE ENTIRE STAGECOACH ROAD, IT MADE SENSE FOR THE DEVELOPER TO STEP BACK, GIVE US THE MONEY IN EXCHANGE, AND LET THE CITY DECIDE WHAT THE CITY WOULD DO WITH THAT $1.2 MILLION. HOWEVER, HAD WE NOT REACHED THIS AGREEMENT, THAT $1.2 MILLION, EVEN IF THE SIX CREEKS DEVELOPER GAVE TO THE CITY, IT WOULD'VE BEEN CONDITIONED ON THAT THAT MONEY COULD ONLY BE USED FOR THE ANYTHING CITY COULD DO THAT WOULD BENEFIT THE SIX CREEK COMMUNITY. OUR DEVELOPMENT, IT WAS NOT FREE AND CLEAR FOR THE CITY TO USE ANYWHERE. IT, IT, IT WON IT FOR PUBLIC PURPOSE. SO THE AGREEMENT REACHED IS AS FOLLOWS, CITY OF KYLE AGREE TO DESIGN AND CONSTRUCT ALL STAGE COACH ROAD UNDER THE CITY'S 2022 ROAD BOND PROGRAM AS AUTHORIZED BY THE VOTERS AND KYLE, THE SIX CREEKS DEVELOPERS AGREE TO PAY TO THE CITY $1.2 MILLION [01:05:01] FROM PIT BOND PROCEEDS AVAILABLE FROM BOND SALES AND PRIOR IMPROVEMENT AREAS, MEANING FROM PRIOR BOND ISSUANCES, THEY DON'T, THEY WILL NOT NEED TO ISSUE NEW BONDS. THIS $1.2 MILLION PAYMENT WILL BE IN FULL SATISFACTION OF THE SIX CREEKS DEVELOPERS' CONSTRUCTION OBLIGATIONS WITH RESPECT TO ALL STAGE COACH ROAD. THIS JUST MADE SENSE. THEY MET THEIR $1.2 MILLION OBLIGATION AFTER THEY WRITE THE CHECK. THE CITY WILL ENSURE IN WRITING THAT THEY HAVE FULLY SATISFIED THEIR OBLIGATION. BUT HERE'S THE IMPORTANT PARTS THAT WE ARE GETTING WITHIN 10 BUSINESS DAYS OF THE EXECUTION OF THE SECOND AMENDMENT. SO WHATEVER COUNCIL DECIDES TO DO TONIGHT, THE CITY ATTORNEY WOULD HAVE TO TAKE THAT AND DEVELOP A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT. REMEMBER, WE HAD THE ORIGINAL DEVELOPMENT AGREEMENT. THERE'S A FIRST AMENDMENT IN PLACE. SO ANY AMENDMENTS WE DO NOW WOULD BE REFERRED TO AS THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT. SO WITHIN 10 BUSINESS DAYS OF THE EXECUTION OF THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT, THE SIX CREEKS DEVELOPERS SHALL PAY $1.2 MILLION TO THE CITY. THE SIX CREEKS DEVELOPERS AGREE THAT THE CITY SHALL RESERVE THE RIGHT FREE OF ANY OBJECTIONS OR RESTRICTIONS BY THE DEVELOPERS TO UTILIZE, APPLY, AND EXPEND THE $1.2 MILLION PAYMENT MADE BY SIX CREEKS TO THE CITY FOR THE BENEFIT OF ANY PUBLIC PURPOSE THAT THE CITY COUNCIL CHOOSES AND DEEMS APPROPRIATE YOU CAN USE TO BUILD A PARK YOU CAN USE TO BUILD A LIBRARY YOU CAN USE TO BUILD A POLICE SUBSTATION. IT IS NOW LONGER RESTRICTED TO FOR THE BENEFIT OF SIX CREEKS COMMUNITY. SO THIS IS A HUGE, HUGE WIN FOR BOTH SIDES. ACTUALLY. NUMBER FOUR, WE NEED THE CITY NEEDS RIGHT AWAY FROM THE SIX CREEKS DEVELOPER TO COMPLETE THIS OLD STAGE COACH RECONSTRUCTION. THE SIX CREEKS DEVELOPERS AGREE THAT THEY WILL DEDICATE ALL RIGHT AWAY FOR OLD STAGE COACH ROAD THAT THE DEVELOPERS ARE REQUIRED TO DEDICATE UNDER THE DEVELOPMENT AGREEMENT TO THE CITY BY DESIGNATED DEADLINES SUCH THAT THE CITY CAN MOVE FORWARD UNCONSTRAINED FOR THE PURPOSE OF DESIGNING, CONSTRUCTING, AND COMPLETING THE RECONSTRUCTION OF THE OLD STAGE COACH ROAD UNDER THE CITY'S 2022 ROAD BOND PROGRAM. WITHOUT THEIR COOPERATION AND AGREEMENT, WE WOULD HAVE TO GO THROUGH THE EMINENT DOMAIN ROUTE. SO THIS EXPEDITES THAT TRANSFER OF RIGHT AWAY TO THE CITY SO WE CAN PROCEED UNOBSTRUCTED ON ALL STAGE COACH RECONSTRUCTION NUMBER FIVE, SIX, AND SEVEN ARE RELATED. SO I'M GONNA MOVE THROUGH THOSE REAL FAST FOR YOU. THIS IS THE INITIAL DEFERRED ALLOCATION THAT THE CITY'S PAYMENT THAT WE WERE DUE WERE PUT ON HOLD UNTIL THE SIX CREEK DEVELOPER WAS FULLY REIMBURSED FOR A LIST OF SPECIFIC INFRASTRUCTURE IMPROVEMENTS. UNTIL THAT WAS COMPLETED, THE CITY WOULD NOT RECEIVE ANY ADDITIONAL PAYMENTS. SO THE SECOND AMENDMENT WE WILL CODIFY IF COUNCIL APPROVES THAT THEIR INITIAL OBLIGATION OF $1.5 MILLION FOR THE PAYMENT THAT WAS DUE ON THE SECOND BOND ISSUANCE HAS BEEN FULLY PAID BY THE SIX CREEKS DEVELOPERS. AND I'LL SHOW YOU HOW WE GOT TO IT. THE CITY AND THE SIX CREEKS DEVELOPERS DELAYED FULL PAYMENT OF THE DEFERRED INITIAL ALLOCATION PENDING A FULL AND FINAL RECONCILIATION OF SUCH COSTS. SO IT, IT NEEDED A FULL REVIEW AND RECONCILIATION OF COSTS TO SHOW AND PROVE TO THE CITY THAT THE DEVELOPER WAS FULLY REIMBURSED. THEY'VE GOT THEIR MONEY NOW. ANYTHING LEFT OVER NEEDS TO BE PAID BACK TO THE CITY. WITHOUT THIS [01:10:01] EXERCISE, THIS MONEY WOULD'VE NEVER COME TO THE CITY. SO THE RECONCILIATION, WHAT DID IT TAKE? THE CITY AND THE SIX CREEKS DEVELOPERS AGREE THAT THE COST INCURRED BY THE SIX CREEKS DEVELOPERS FOR THE PHASE ONE COST SHARE OF WATER SYSTEM FACILITIES WERE TO BE REIMBURSED FROM THE CITY ALLOCATION ARE UNDER THE DEVELOPMENT AGREEMENT TOTALS $2.9 MILLION. SO WE AGREED BASED ON THEIR ACTUAL COST THEY INCURRED FOR THESE ASSETS, THESE FACILITIES ADDED UP TO $2.9 MILLION. WE FURTHER AGREED BASED ON THEIR RECEIPTS, THEIR PAYMENTS LEDGERS, THAT THE SIX CREEKS DEVELOPERS, THEY CONFIRM THAT THEY RECEIVED $2.9 MILLION IN BOND PROCEEDS IN FULL REIMBURSEMENT OF SUCH COSTS. SO THEY'RE AT THIS POINT, THEY'RE FULLY REIMBURSED, THEY'RE CAUGHT UP AND THE CITY NEEDED TO GET REIMBURSED. THEN WE FIGURED OUT, OKAY, FOR IMPROVEMENT, NUMBER ONE THROUGH FIVE, WHAT WAS THE CITY OWED AND WHAT DID THE, UM, THE DEVELOPER NEEDED TO BE REIMBURSED? THE NET DIFFERENCE OF THAT IS $686 THOUSAND DOLLARS, $545 AND 60 CENTS OWED TO THE CITY FOR THE UNPAID PORTION OF THE DEFERRED ALLOCATION. THAT HAPPENED VERY EARLY ON. SO I WANNA PAUSE HERE TO MAKE SURE COUNSEL AND OUR RESIDENTS UNDERSTAND THAT THIS WAS A RECONCILIATION THAT TOOK TIME. WITHOUT THEIR COOPERATION, WE WOULD'VE NEVER HAD ACCESS TO THEIR LEDGERS, THEIR COSTS, THEIR RECEIPTS, THEY WERE FULLY TRANSPARENT. THEY DIDN'T HESITATE TO HOLD ANYTHING BACK. EVEN I'M SURE THEY KNEW THAT AT THE END THEY MAY END UP PAYING SOMETHING WE DIDN'T KNOW ON OUR SIDE WITHOUT THIS EXERCISE THAT WE WERE GONNA GET CLOSE TO $700,000. SO THE SIX CREEKS DEVELOPERS AGREE TO MODIFY SECTION 7 0 5 D AND E OF THE DEVELOPMENT AGREEMENT TO ALLOW THE CITY TO USE ALL PAYMENTS OF CITY ALLOCATION. MEANING THIS $686,000, THE WAY THE DEVELOPMENT AGREEMENT IS WRITTEN IN SECTION 7 0 5 D AND E, IT CAN BE ONLY USED FOR THE BENEFIT OF SIX CREEKS DEVELOPMENT. WE WERE ABLE TO AGREE THAT THEY, THE SIX CREEKS WILL AGREE TO MODIFY THESE TWO SECTIONS OF THE DA AND DEVELOPMENT AGREEMENT THAT ONCE WE RECEIVE THIS MONEY, IT WILL ALLOW THE AGREEMENT WILL NOW ALLOW THE CITY TO USE ALL PAYMENTS OF CITY ALLOCATION FOR ANY PUBLIC PURPOSE THE CITY COUNCIL CHOOSES AND DEEMS APPROPRIATE. SO HERE AGAIN, JUST LIKE THE FIRST 1.2 MILLION, YOU THE CITY CAN THE CITY COUNCIL, IF YOU DECIDE YOU CAN USE IT FOR ANY PUBLIC PURPOSE, WHETHER IT'S FOR A FUTURE CITY ANNEX, A CITY PARK, A CITY LIBRARY, A POLICE SUBSTATION, WHATEVER THE PUBLIC PURPOSE THAT CITY COUNCIL DEEMS APPROPRIATE. SO THERE'S NO RESTRICTION NOW THAT RESTRICTION HAS BEEN REMOVED. NUMBER SEVEN IN DETAIL. I WENT OVER THIS AND DETAIL RECONCILIATION OF ACCOUNTS WAS COMPLETED BY THE SIX CREEKS DEVELOPERS OF ALL NET PROCEEDS OF BONDS COSTS INCURRED, WHICH ARE PAYABLE FROM, FROM THE CITY ALLOCATION AND AMOUNTS PAID TO DEVELOPER WITHIN 10 BUSINESS DAYS OF THE EXECUTION, JUST LIKE WE DID ON THE 1.2 MILLION. WITHIN 10 DAYS BUSINESS DAYS OF THE EXECUTION OF THE SECOND AMENDMENT, THE DEVELOPERS OF SIX CREEK'S DEVELOPMENT WILL PAY TO THE CITY THE AMOUNT OF $686,545 AND 60 CENTS. I DO WANNA LEAVE THE 60 CENTS BEHIND IN FULL SATISFACTION OF ALL UNPAID CITY ALLOCATION PAYMENTS DUE TO THE CITY FOR PIT AREAS ONE THROUGH FIVE. [01:15:01] SO THE CITY IS NOW FULLY CAUGHT UP AT THIS POINT. THEY HAVE COMPLETED SIX IMPROVEMENT AREAS. THEY HAVE PAID US FOR IMPROVEMENT, NUMBER SIX, AND NOW WE HAVE RECONCILED ONE THROUGH FIVE. SO NOW WE'RE ALL CAUGHT UP AND CLEARED THROUGH ONE THROUGH SIX. THE SIX CREEK DEVELOPERS AGREED TO MODIFY SECTION 7 0 5 D AND E TO RELEASE THE CITY FROM THAT RESTRICTION HOW THE CITY COULD USE THIS MONEY. NOW THE CITY CAN USE FOR ANY PUBLIC PURPOSE THAT THE CITY COUNCIL CHOOSES AND DEEMS APPROPRIATE TO PROTECT THE CITY FOR, FROM RE UH, RESTRICTIONS ON FUTURE PAYMENTS FROM SIX CREEKS WHEN THEY ISSUE BONDS. SO THIS, THIS ITEM PROTECTS AND PRESERVES THAT RIGHT OF THE CITY AND CLARIFIES THAT FOR BOTH SIDES. THE SIX GREEKS DEVELOPERS AND THE CITY AGREED THAT THE CITY ALLOCATION IS MORE CORRECTLY CHARACTERIZED AS A 10% COMMUNITY BENEFIT FEE. SO THERE WERE A LOT OF LOOSE TERMS FLOATING AROUND. WE, WE DECIDED TO SPECIFICALLY IDENTIFY THAT PAYMENT TO BE KNOWN AS COMMUNITY BENEFIT FEE. 'CAUSE THAT'S WHAT IT IS. THE CITY COUNCIL DECIDES HOW THEY'RE GONNA USE IT FOR WHAT PURPOSE, WHAT PUBLIC PURPOSE. SO IT IS FOR THE BENEFIT OF THE ENTIRE COMMUNITY IN DRAFTING THE SECOND AMENDMENT, THE PARTIES WILL REVISE THE LANGUAGE AND THE DEVELOPMENT AGREEMENT SO THAT THE REFERENCE TO ANY CITY ALLOCATION WILL BE CONSIDERED TO REFER TO THE COMMUNITY BENEFIT FEE. SO FROM THIS POINT FORWARD, WE WILL ONLY REFER TO THAT FEE AND HOW IT'S CALCULATED AS THE COMMUNITY BENEFIT FEE. THE CITY, THIS IS VERY IMPORTANT. THE CITY, UH, SIX CREEKS DEVELOPERS AGREE TO REMOVE THE CURRENT RESTRICTIONS, WHICH LIMIT THE USE OF COMMUNITY BENEFIT FEE PAYMENTS TO FUND SPECIFIC PROJECTS THAT DIRECTLY COMPLIMENT THE SIX CREEKS DEVELOPMENT. THE SIX CREEKS DEVELOPERS AGREED THAT THE CITY SHALL RESERVE THE RIGHT FREE OF ANY OBJECTIONS OR RESTRICTIONS BY THE DEVELOPERS OF SIX CREEKS DEVELOPMENT TO UTILIZE, APPLY AND EXPEND ANY AND ALL PORTION OF THE COMMUNITY BENEFIT FEE PAYMENTS MADE BY SIX CREEKS TO THE CITY FOR THE BENEFIT OF ANY PUBLIC PURPOSE THAT THE CITY COUNCIL CHOOSES AND DEEMS APPROPRIATE. SO BEFORE NUMBER EIGHT, WE TALKED ABOUT WHAT WAS DUE TO THE CITY UP TILL THEN. NUMBER EIGHT SPEAKS TO ALL FUTURE PAYMENTS COMING TO THE CITY FROM SIX CREEKS. NUMBER NINE, WATER AND WASTEWATER SERVICE RIGHTS. THE CITY AGREES TO CLARIFY THAT SECTIONS 4.01, 4.06, AND 7.01 OF THE DEVELOPMENT AGREEMENT MEAN THE CITY WILL APPLY WATER AND WASTEWATER SERVICE RATES AND IMPACT ON OTHER FEES IN THE SIX CREEKS DEVELOPMENT, WHICH ARE THE SAME AS THE RATES AND FEES APPLY TO ALL WATER AND WASTEWATER UTILITY CUSTOMERS LOCATED WITHIN THE INCORPORATED LIMITS OF THE CITY. SO THIS WAS A CONTENTION BETWEEN THE CITY AND THE SIX CREEKS DEVELOPER. THE DEVELOPMENT AGREEMENT IN THESE SECTIONS, 4.01, 4.06, AND 7.01 REFERS TO, AND THE CITY AGREED AND THE DEVELOPER AGREED THAT THE WATER AND WASTEWATER SERVICE RATES TO BE APPLIED TO CUSTOMERS WITHIN THAT DISTRICT WILL BE THE SAME AS INSIDE CITY RATES. SO THIS AGREEMENT NUMBER NINE SAYS THAT THE CITY AND THE SIX CREEK DEVELOPER HAS AGREED TO CLARIFY THE ORIGINAL MEANING THAT'S IN THE DEVELOPMENT AGREEMENT. IN OTHER WORDS, MOVING FORWARD, THE CITY SHALL CHARGE INSIDE CITY RATES TO ALL SIX CREEK WATER AND WASTEWATER [01:20:01] CUSTOMERS. NUMBER 10, THIS IS THE VALUE TO LIEN RATIO FOR BOND ISSUANCES. BASICALLY, THE VALUE TO LIEN RATIO MEANS YOU HAVE TO, OUR PIT POLICY SAYS YOU SHOULD HAVE AT LEAST THREE TO ONE, UM, VALUE TO LIEN RATIO BEFORE BOND ISSUANCES CAN BE AUTHORIZED. IN OTHER WORDS, YOU MUST HAVE THREE TIMES THE VALUE ON THE GROUND OF THE AMOUNT THAT YOU'RE TRYING TO BORROW THROUGH THE PIN BONDS. IN THE PAST, WHAT WE HAVE DONE IS SOMETIMES THE LOT CLOSINGS HAPPEN, THE TIMING IS SLIGHTLY DIFFERENT. SO WE HOLD THE AMOUNT OF THE MONEY THAT DOESN'T MEET THE THREE TO ONE RATIO IN A TRUST ACCOUNT UNTIL THOSE LOTS ARE CLOSED AND THEN WE RELEASE THE MONEY. SO THAT HAS BEEN OUR PRACTICE AND ALL WE'RE DOING HERE IS TO JUST SIMPLY CODIFY THAT PRACTICE. THIS IS A CODIFICATION OF CURRENT PRACTICE AGREED TO BY THE CITY, THE CITY AND THE SIX GREEKS. DEVELOPERS AGREE THAT AT THE TIME OF ANY BOND SALE, THE BOND PRINCIPLE MAY EXCEED A THREE TO ONE VALUE TO LIEN RATIO BASED ON THE VALUE IN THE IMPROVEMENT AREA. AS OF THE DATE OF THE SALE. TO THE EXTENT THE BOND PROCEEDS EXCEED A THREE TO ONE VALUE TO LIEN RATIO, THOSE PROCEEDS WILL NOT BE AVAILABLE TO THE DEVELOPERS OF SIX CREEKS FOR COST REIMBURSEMENT UNTIL VALUE IN THE APPLICABLE IMPROVEMENT AREA SUPPORTS AT LEAST THREE TO ONE VALUE TO LIEN RATIO. AND IT'S JUST A MATTER OF MONTHS BEFORE THEY, THIS TIMING ISSUE IS RESOLVED. IT'S, IT IT DOESN'T PROTRACT FOR MONTHS AND YEARS. WHILE WE AGREED TO DO THAT, AND THIS IS REASONABLE, WHAT THEY ASKED US TO DO WAS IF WE WERE GONNA HOLD ANY MONEY IN THE TRUST THAT THE DEVELOPER DOESN'T GET BECAUSE OF THE VALUE TO LIEN RATIO, THAT THE 10% COMMUNITY BENEFIT FEE DUE TO THE CITY WOULD ALL BE, WOULD ALSO BE HELD ON THAT AMOUNT THAT THE DEVELOPER'S NOW RECEIVING. WHICH IS FAIR AND WE AGREE TO THAT. NUMBER 11 IS THE NUMBER OF PIT IMPROVEMENT AREAS. THE CITY WILL AGREE TO INCLUDE APPROPRIATE CLARIFICATION IN THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT TO ALLOW FOR THE NUMBER OF PIT IMPROVEMENT AREAS AND PIT IMPROVEMENT AREAS BASICALLY ARE THE SECTIONS WITHIN THAT SUBDIVISION THAT THE DEVELOPER IS TRYING TO MONETIZE OR GET THE LOTS READY TO BE SOLD TO HOME BUILDERS TO ALLOW FOR THE NUMBER OF PIT IMPROVEMENT AREAS TO BE DETERMINED BASED ON THE CHANGES WHEN THE EXACT NUMBER AND CONFIGURATION OF PIT AREAS ARE DETERMINED WITHOUT REQUIRING AN AMENDMENT TO THE DEVELOPMENT AGREEMENT. BASICALLY, IT FAST TRACKS THE PROCESS. IT MAKES IT MORE EFFICIENT. IN THE OLD DEVELOPMENT AGREEMENT, THE ORIGINAL ONE, IT REQUIRED THAT EVERY TIME THEY DECIDED ON THE NUMBER OF IMPROVEMENT AREAS OR THE SIZE OF THE IMPROVEMENT AREAS, THAT THE DEVELOPMENT AGREEMENT HAD TO BE AMENDED. THAT THIS REMOVES THAT THE CITY AND THE SIX CREEKS DEVELOPERS AGREE THAT WITH THE CITY'S WRITTEN APPROVAL WITHIN A REASONABLE TIMEFRAME WHEN REQUESTED, SIX CREEKS DEVELOPERS WILL BE ALLOWED TO DETERMINE THE APPROPRIATE NUMBER OF IMPROVEMENT AREAS BASED ON THE MARKET AND CONFIGURATION OF FUTURE DEVELOPMENT AREAS. IT REALLY DOESN'T REQUIRE CITIES ANALYSIS OR REVIEW. THIS IS A MARKET DRIVEN DRIVEN PROCESS FOR THE, FROM THAT, FOR THE DEVELOPER TO DETERMINE THE SIZE AND THE NUMBER OF LOTS IN EACH SECTION OF THEIR SUBDIVISION. IF THEY CAN'T SELL, THERE IS NO MARKET. THE CITY SHOULDN'T BE DICTATING THE NUMBER OF LOTS OR THE SIZE OF THE IMPROVEMENTS. SO THIS BASICALLY CLARIFIES THAT POCKET PARK NUMBER 12. THE SIX CREEKS DEVELOPERS HEREBY AGREE TO CONFIRM OFF RECORD MEANING IN WRITING, THAT THE CITY TIMELY SATISFIED THE REQUIREMENT THAT IT COMMENCE PARKLAND USE WITHIN ONE YEAR FROM THE DATE OF PROPERTY DEEDED TO THE CITY FOR THE POCKET PARK. [01:25:01] SO THERE WERE SOME REQUIREMENTS THAT THE CITY MUST DO THESE IMPROVEMENTS WITHIN CERTAIN TIMEFRAME. SO THEY HAVE AGREED UPFRONT NOW TO SAY THAT IN WRITING THAT THE CITY HAS FULLY COMPLIED WITH AND SATISFIED ALL THE REQUIREMENTS IN THAT AGREEMENT FOR THE PARKLAND DEDICATION. ADDITIONALLY, THE SIX CREEKS DEVELOPERS FURTHER AGREE THAT THEY WILL CONFIRM OF RECORD THAT THE DEED DOES NOT REQUIRE FOR THE CITY TO BUILD ADDITIONAL PARK IMPROVEMENTS WITHIN PARK POCKET PARK. SO THIS PROTECTS THE CITY FROM BEING REQUIRED TO INVEST MORE IN PARK IMPROVEMENTS OUTSIDE THE CITY LIMITS. SO THEY WILL AGREE IN WRITING THAT THE CITY DOES NOT, IS NOT REQUIRED TO BUILD ANY ADDITIONAL PARK IMPROVEMENTS. AND THEN RELATED TO THE PARK POCKET, PARK, THE CITY AND THE SIX CREEKS DEVELOPERS AGREE THAT THE RESTRICTION AGAINST USE OF THIS DEDICATED LAND FOR ANY PURPOSE EXCEPT FOR PARK LAND USE, WILL REMAIN INTACT SO THAT THE PROPERTY IS DEEDED TO THE CITY IS DEDICATED AS A PARKLAND. AND WE BOTH AGREE THAT IN WRITING, WE WILL ONCE MORE AGREE THAT THIS WILL BE DEDICATED PARKLAND FOREVER AND THE CITY WILL RETAIN TITLE TO THE DEED OF THE, OF THAT PROPERTY FINAL PROJECT CLOSEUP. SO WHAT HAPPENS WHEN SIX CREEKS IS FULLY DONE? THIS WAS KIND OF UNKNOWN, NOT VERY CLEAR. SO WE WANTED TO MAKE SURE THAT WE PUT THINGS IN PLACE THAT EVERYBODY ON BOTH SIDES KNOWS WHAT THE RULES OF ENGAGEMENT ARE. THE CITY AND THE SIX CREEKS DEVELOPERS AGREE THAT UPON FINAL COMPLETION OF THE SIX CREEKS DEVELOPMENT, THE CITY AND THE SIX CREEKS DEVELOPERS WILL PERFORM A FINAL RECONCILIATION, JUST LIKE WE DID IN NUMBER FIVE, SIX, AND SEVEN. A FINAL RECONCILIATION OF ALL BOND PROCEEDS ACCOUNTS AND DETERMINE ANY UNUSED FUNDS. 'CAUSE REMEMBER THE BOND PROCEEDS WHEN WE GO TO THE BOND MARKET FOR BID PIT BONDS, THEY'RE BASED ON ESTIMATES THAT THE DEVELOPER HAS PROVIDED WHAT THEY NEED TO COMPLETE THAT SECTION OR THAT IMPROVEMENT AREA. SO THERE WILL ALWAYS BE MINUS AND PLUSES AT THE END. SO WE WANNA DO THAT RECONCILIATION AND DETERMINE IF THERE ARE ANY UNUSED FUNDS. IF THERE ARE, WHAT DO YOU DO WITH THEM? SO ALL SUCH EXCESS FUNDS, IF THERE ARE ANY, WILL BE SWEPT FROM EACH ACCOUNT AND APPLIED AGAINST FINANCING COSTS FOR THE IMPROVE, FOR THE IMPROVEMENT AREA, TO WHICH SUCH ACCOUNT CORRELATES AS COMP CONTEMPLATED BY THE PIT FINANCING DOCUMENTS. IN OTHER WORDS, THAT MONEY WAS ISSUED OR BONDS WERE ISSUED. NOW WE HAVE LEFTOVER BONDS. INSTEAD OF THAT MONEY GOING TO THE DEVELOPER OR THAT MONEY GOING TO THE CITY, REMEMBER THIS, THE PID RESIDENTS ARE PAYING AN ASSESSMENT TO PAY BACK THOSE BONDS. SO WHAT WE AGREED TO THAT ANY LEFTOVER DOLLARS AT THE END WOULD BE PUT BACK TO THE FINANCING COSTS. IN OTHER WORDS, IT WILL GO TOWARDS THE DEATH SERVICE OF THOSE PIT BONDS. THAT WAS, THAT THE MONEY LEFTOVER MONEY BELONGS TO. IF IT'S IMPROVEMENT AREA ONE, IT GOES TO IMPROVEMENT AREA ONE. IF IT BELONGS TO IMPROVING THE AREA SEVEN, IT GOES TO, IN OTHER WORDS, THE PIT RESIDENTS WILL BENEFIT IN THEIR ASSESSMENT. THE NEXT STEPS WE HAD AGREED, AND YOU'LL SEE WE ARE RUNNING ABOUT A MONTH BEHIND. SO ON JULY 13TH, WE AGREED THAT BY THIS DATE, SIX FREE DEVELOPER COMPLETES THEIR FINAL REVIEW OF THE DISCUSSION POINTS AND TERM SHEET DOCUMENT, AND THAT THEY WOULD RETURN THE DOCUMENT WITH THE INITIAL SIGNIFYING AGREEMENT TO PROCEED. I DID NOT WANT TO MOVE FORWARD UNLESS THEY REVIEWED THE TERM SHEET AND THEY AGREED TO THOSE 15 POINTS CONTAINED THEREIN. THAT THAT HAPPENED ON TIME. THEN WE AGREED THAT I WOULD TAKE THAT DOCUMENT AND PRESENT TO CITY COUNCIL IN AN EXECUTIVE SESSION TO GET Y'ALL'S FEEDBACK. SO ON JULY 21ST, I [01:30:01] PRESENTED TO CITY COUNCIL IN EXECUTIVE SESSION THE DRAFT AGREEMENT TERMS OUTLINED IN THE DISCUSSION POINTS AND TERM SHEET TO OBTAIN DIRECTION AND APPROVAL TO PROCEED WITH PREPARATION OF THE SECOND AMENDMENT OF THE DEVELOPMENT AGREEMENT. AT THE END OF THAT EXECUTIVE SESSION, WE CAME IN THE OPEN SESSION AND THERE WAS NO DECISION TAKEN. SO THE INITIAL IDEA WAS WE'D COME TO COUNCIL ON JULY 21ST ON 22ND. IF WE HAD RECEIVED DIRECTION, WE WOULD ASK THE CITY ATTORNEY TO BEGIN WORKING WITH THEIR ATTORNEYS TO START DRAFTING THE SEC SECOND AMENDMENT. AND THAT THE TARGET DATE THAT WE AGREED AT THAT TIME WHEN WE STARTED MEETING THAT BY AUGUST 18TH, WE WOULD BE BRINGING FOR CITY COUNCIL'S REVIEW AND APPROVAL. THE SECOND AMENDMENT TODAY IS AUGUST 18TH AND WE'RE WE'RE, UH, DISCUSSING THE TERMS AND CONDITIONS. SO WE'RE ABOUT A MONTH BEHIND. SO THE THE NEXT DATE, UH, THAT WE'RE TARGETING THAT WE WILL BRING FORWARD THE SECOND AMENDMENT IS SEPTEMBER 15TH. THAT IF SHOULD COUNSEL GIVE US DIRECTION, THE CITY ATTORNEY ON OUR SIDE WILL WORK WITH THEIR ATTORNEYS TO TAKE THESE TERMS AND CONDITIONS, TRANSLATE THEM INTO A LEGAL DOCUMENT AND BRING IT BACK TO COUNSEL ON SEPTEMBER 15TH AS A SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT. AND THEN FINALLY, THE LAST ONE WAS NO MORE, NO ADDITIONAL DISCUSSION POINTS OR TERM SHEETS THAT THEY WOULD BRING OR I WOULD BRING AFTER WE INITIALED ON THE DOCUMENT. SO AFTER GOING THROUGH THIS EXERCISE AND WORKING WITH THE DEVELOPER, I WANTED TO MAKE SURE THAT I AS THE POINT PERSON THAT NEGOTIATED AND WORKED WITH THE DEVELOPER GIVE YOU SOME RECOMMENDATION AND NOT JUST LEAVE YOU HANGING. SO I WILL GO OVER THE BASIS OF WHY I AM RECOMMENDING AND WHAT I AM RECOMMENDING. SO THE BASIS FOR MY RECOMMENDATIONS TONIGHT FOR YOU ARE AS FOLLOWS. NUMBER ONE, THE ORIGINAL DEVELOPMENT AGREEMENT WAS NEGOTIATED AND EXECUTED IN GOOD FAITH BY THE CITY. AND SIX CREEKS BOTH SIDES. IT WASN'T JUST ONE SIDE. NUMBER TWO, BOTH CITY AND SIX CREEKS DEVELOPERS HAD SECURED LEGAL ASSESSMENTS, LEGAL ADVICE AND VETTING. WE DIDN'T GO INTO THIS DEAL WITHOUT KNOWING WHAT WE WERE DOING OR THAT WE DIDN'T UNDERSTAND WHAT WE WERE AGREEING TO. NEITHER DID THE OTHER SIDE. IT WAS MUTUALLY AGREED UPON AND IT WAS MUTUALLY AGREED TO THE CONDITIONS THAT BOTH SIDES WERE GAINING OUT OF THIS AGREEMENT. NUMBER THREE, SIX CREEKS. DEVELOPERS HAVE HONORED THEIR CONTRACTUAL OBLIGATIONS, AT LEAST TO THIS POINT THAT I COULD FIND. NUMBER FOUR, IN MY OPINION, THIS IS STRICTLY MY OPINION, IT'S UNREASONABLE FOR THE CITY TO DO, UNDO THE TERMS OF EXISTING AGREEMENT IN PLACE SINCE MAY, 2017. THE SIX CREEK DEVELOPMENT IS 78% COMPLETE, ONLY 312 LOTS OR 22% REMAINS. THE DEVELOPMENT AGREEMENT FOR A DEVELOPER IS THEIR BUSINESS PLAN. THEIR THAT'S THEIR BUSINESS MODEL THAT THEY HAVE BASED ALL THEIR ASSUMPTIONS, HOW THEY WILL MONETIZE THOSE LOTS, THAT AREA THAT THEY'RE DEVELOPING. SO IT IS STRICTLY MY OPINION, AND YOU CAN HOLD ME FULLY ACCOUNTABLE FOR THIS, THAT TO ME IT'S UNREASONABLE TO UNDO THE TERMS WHEN 78% OF THAT DEVELOPMENT IS DONE, WE'RE IS CHANGING THE RULES AT THE END. NUMBER FIVE, THIS IS AN OPPORTUNITY FOR THE CITY TO REBUILD TRUST BETWEEN THE CITY AND SIX CREEKS DEVELOPERS. THERE ARE A LOT OF HURT FEELINGS ON BOTH SIDES. THERE WAS A REASON WHY WE'RE IN THE IMPASSE. [01:35:02] IT HAD WE NOT DONE THIS. I AS YOUR INTERIM CITY MANAGER, I HONESTLY BELIEVE WE WOULD BE IN LITIGATION AND IT WOULD COST US A LOT MORE THAN WHAT I AM SHOWING YOU HERE. NUMBER SIX, IT'S AN OPPORTUNITY TO RESOLVE ALL RECENT. THESE ARE NOT PAST ISSUES. THESE ARE ALL RECENT CONTRACTUAL ISSUES AND FOR US, FOR BOTH SIDES TO MOVE FORWARD. NUMBER SEVEN, OPPORTUNITY FOR THE CITY TO RECEIVE APPROXIMATELY $2 MILLION WITHIN 10 DAYS OF SETTLEMENT WITH NO RESTRICTIONS FOR USE. THE ONLY CONDITION IS IT MUST BE FOR PUBLIC PURPOSE NUMBER EIGHT IS AN OPPORTUNITY TO PROTECT AND SAFEGUARD FUTURE CASH CONTRIBUTIONS COMING TO THE CITY FROM THE SIX CREEKS DEVELOPER. THAT'S VERY IMPORTANT TO US AS A CITY WE DON'T WANNA JEOPARDIZE THAT. WE HAVE, JUST IN MY ROUGH CALCULATION, WE HAVE ANOTHER TWO AND A HALF TO $3 MILLION COMING TO THE CITY FOR THAT REMAINING 22% OF THE DEVELOPMENT THAT REMAINS. IT'S AN OPPORTUNITY FOR THE CITY TO STOP INCURRING ADDITIONAL LEGAL FEES ON, ON TWO FRONTS. WE GOTTA STOP THIS BLEEDING COUNSEL. IT IS COSTING US AN ATTORNEY FEES. IT'S COSTING THEM ATTORNEY FEES, BUT FOR SURE THE TAXPAYERS ARE BEING CHARGED WITH ATTORNEY FEES. SO THE TWO FRONTS ARE UNRESOLVED. SIX CREEKS DEVELOPMENT AGREEMENT ISSUES. THESE ARE RECENT ISSUES THAT ARE NOT HISTORICAL ISSUES. THAT'S ONE ISSUE WE'RE SPENDING LEGAL MONIES ON. THE NEXT AREA IS THE RATE ISSUES CHALLENGED BY SIX CREEK RESIDENT RESIDENTS BEFORE PUC. BOTH OF THESE ARE MOVING PARALLEL. BOTH OF THESE HAVE ATTORNEYS, BOTH OF THESE ARE METERS ARE RUNNING ON THE LEGAL FEES. SO MY RECOMMENDATIONS ARE PRETTY SIMPLE AND STRAIGHTFORWARD. NUMBER ONE, I'M RECOMMENDING TO CITY COUNCIL THAT THE CITY AGREED TO RESOLVE ALL CONTRACTUAL ISSUES RECENTLY IDENTIFIED AS OUTSTANDING BY THE CITY. NUMBER TWO IS MY RECOMMENDATION THAT THE CITY COUNCIL CONSIDER AND APPROVE THE DISCUSSION POINTS AND THE TERM SHEET THAT'S ATTACHED AS EXHIBIT NUMBER FOUR TO THIS AGENDA ITEM THAT I JUST NOW WALKED YOU THROUGH EACH ONE OF THOSE 15 ITEMS. NUMBER THREE, THAT YOU DIRECT THE CITY ATTORNEY. AND THAT'S HOW THIS AGENDA ITEM IS WORDED. THAT YOU DIRECT THE CITY ATTORNEY TO WORK WITH THE SIX CREEKS DEVELOPER'S ATTORNEY TO USE THE COUNCIL APPROVED TERM SHEET. YOU DON'T HAVE TO VERBATIM EXCEPT YOU CAN MODIFY, YOU CAN CHANGE, YOU CAN ADD, DELETE, WHATEVER THAT TERM SHEET ENDS UP TO BE AS A BASIS FOR THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SIX CREEKS. SO WITH THAT MAYOR AND COUNCIL, I'LL OPEN IT UP FOR YOUR QUESTIONS, YOUR FEEDBACK, AND ANY QUESTIONS YOU MAY HAVE OF THE CITY ATTORNEY. ALL RIGHT, THANK YOU. UM, DO WE HAVE ANY QUESTIONS? ALL RIGHT, WHO WANTS TO GO FIRST? COUNCIL MEMBER MEDINA. THANK YOU FOR THAT PRESENTATION PEREZ. UM, JUST A COUPLE OF THINGS TO GO OVER. UM, YOU KNOW, I THINK IT'S A GREAT THING THAT YOU WERE ABLE TO SIT DOWN AND TAKE TIME OVER THOSE TWO MONTHS TO WORK WITH THE, UM, DEVELOPER TO COME TO TERMS, TO REGAIN THE TRUST WITHIN THE CITY. UM, YOU KNOW, IT'S BIG STEPS THAT WE DEFINITELY WOULDN'T BE IF MANAGEMENT HADN'T CHANGED. SO I REALLY APPRECIATE THAT. UM, AND ALL THE WORK YOU'VE PUT INTO THAT. AND THE FACT THAT WE HAVE POTENTIAL OF ALMOST $1.9 MILLION COMING BACK TO US IN FUNDING THAT WE MAY NOT HAVE KNOWN EXISTED, UM, HELPS OUT ESPECIALLY IN A BUDGET SHORTFALL AND A UPCOMING BUDGET WITH SO MUCH WORK THAT HAS TO BE DONE. UM, SO I DEFINITELY APPRECIATE THAT. UM, I KNOW IT [01:40:01] WAS MENTIONED THE LETTER AND WE COULDN'T DISCUSS, UM, INFORMATION HAD TO BE SENT TO US. CAN WE KNOW WHO AUTHORIZED THAT INITIAL LETTER TO GO OUT, UM, VOIDING THIS DEVELOPMENT AGREEMENT IN JANUARY? WELL, IT HAD TO BE THE CHIEF EXECUTIVE OFFICER AT THE TIME, WHICH WOULD BE OUR FORMER CITY MANAGER. AND I DON'T KNOW IF THAT WAS DISCUSSED IN EXECUTIVE SESSION. I WAS NOT PRESENT IN THOSE EXECUTIVE SESSIONS. IF HE, UH, SOUGHT COUNSEL'S APPROVAL AT THAT TIME, MAYBE CITY ATTORNEY, IF IT WAS OP UH, DISCUSSED AND APPROVED IN OPEN SESSION, CITY ATTORNEYS SHOULD BE ABLE TO DISCUSS THAT. THE, UH, INFORMATION FOR THE EXECUTIVE SESSION PRESENTATION THAT PROCEEDED, THAT LETTER WAS SENT TO ALL OF YOU BEFORE THIS MEETING. SO YOU DO HAVE THAT INFORMATION. OKAY. AND THEN REGARDING THE, UM, NUMBER NINE, THE WATER RATES, GOING BACK TO WHAT THE DEVELOPMENT AGREEMENT STATED FOR IN CITY RATES, UM, OF COURSE YOUR TERM SHEET WAS DATED AS OF JULY 13TH, AND THIS WAS PRESENTED TO US IN EXECUTIVE ON JULY 21ST AND WE HAD OUR PROPOSED BUDGET MEETING ON AUGUST 1ST. SO WITH THOSE DATES GOING THROUGH AND THE DISCUSSIONS THAT YOU HAD AND THE REQUESTS FROM THE DEVELOPER TO HONOR THE AGREEMENT TO BRING THOSE RATES BACK DOWN TO ENTITY RATES, WAS THAT CONFIGURED INTO YOUR PROPOSED BUDGET OR WOULD THAT AFFECT OUR PROPOSED GOING FORWARD? IT WAS, I I MADE THAT ASSUMPTION IN MY REVENUE FORECAST FOR THE WATER AND WASTEWATER UTILITY. AND THERE'S ENOUGH OF A FUND BALANCE TO ABSORB A COUNCIL WAS TO DECIDE GOING IN THAT DIRECTION. OKAY. I ASK BECAUSE FOR MONTHS PRIOR TO MAY WHEN YOU TOOK OVER, UM, SOME OF US HAVE TRIED HAVING DISCUSSIONS TO AT LEAST GIVE TEMPORARY REPRIEVE TO THE ETJ CUSTOMERS FOR THEIR WATER RATES AND WERE RECEIVING PUSHBACK AFTER PUSHBACK AFTER PUSHBACK THAT WE COULDN'T MOVE FORWARD WITH ANY OF THOSE AGENDA ITEMS, UM, IN THE OPEN BECAUSE IT WOULD CAUSE ISSUES AND, UM, THAT IF WE DID SOMETHING TO LOWER THEIR RATES, WE WOULD HAVE TO RAISE IN CITY RATES 'CAUSE SOMEONE WOULD HAVE TO PAY THE DIFFERENCE. SO JUST FOR EVERYONE AT HOME TO HEAR AGAIN, UM, IF WE BRING THEIR RATES BACK DOWN, NO ONE'S SUFFERING THE CONSEQUENCES. EVERYONE'S RATES ARE STILL STAYING THE SAME IN THE NEW FISCAL YEAR? THAT IS CORRECT. OKAY. SO MY ASSUMPTION, JUST TO CLARIFY, COUNCIL MEMBER, MY ASSUMPTION WAS THAT IF COUNSEL WAS TO AGREE TO GO IN THIS DIRECTION, THAT THE RATE CHANGE WILL OCCUR WITH THE FIRST BILL IN THE NEW FISCAL YEAR, WHICH WOULD BE THE CONSUMPTION FOR THE MONTH OF OCTOBER. SO WHEN THOSE BILLS GO OUT, THE RATES WOULD CHANGE FOR SIX CREEKS TO INSIDE CITY. AND THEN WITH THAT, UM, I KNOW THERE WAS TWO RESIDENTS WHO FILED THE PUC CASE FOR SIX CREEKS. WOULD YOU BE GOING BACK TO HAVE CONVERSATIONS WITH THEM? UM, SO TO NEGOTIATE REMOVING THAT CASE FROM THE PUC? SO THERE'S TWO PATS WE CAN USE. THE CITY HAS RETAINED AN ATTORNEY TO RESPOND TO THAT PUC PETITION. THE SIX CREEKS PETITION HAS BEEN COMBINED WITH OTHER OUTSIDE CITY CUSTOMERS PETITION, WHICH IS CROSSWIND MUDS. AND I BELIEVE, UM, ANTHEM, I THINK IT, I I BELIEVE IT WAS FILED PRIMARILY BY CROSS WINDS MUD. THEY HAVE AN ATTORNEY REPRESENTING THEM, BUT THEY DO REPRESENT ALL OUTSIDE CITY CUSTOMERS, THE TWO PETITIONS. SO THAT'S ONE PATH WE LET IT GO AND SEE WHAT HAPPENS IN, IN THE MEDIATION. IF COUNCIL WAS TO DECIDE TONIGHT THAT ITEM NUMBER NINE, WE WILL HONOR FOR SIX CREEKS, THEN IT WOULD BE MY RECOMMENDATION THAT CITY COUNCIL GIVES ME DIRECTION TO WORK WITH THE TWO INDIVIDUALS, OR TWO RESIDENTS THAT FILED A PETITION WITH PUC TO NEGOTIATE FOR THEM TO WITHDRAW AND RESOLVE THIS ISSUE MOVING FORWARD. SO IT, IF THEY DID THAT IF'S REMOVED FROM THE PUC. SO THEN IT JUST LEAVES CROSSWIND MUD MM-HMM . FOR THE ATTORNEYS TO DEAL WITH IN MEDIATION. IT SIMPLIFIES THE PROCESS MOVING FORWARD. RIGHT. AND IT HELPS REDUCE OUR ATTORNEY FEES AT THE SAME TIME. THAT'S CORRECT. PERFECT. THAT'S ALL I HAD FOR NOW. THANK YOU SO MUCH. THAT ALL RIGHT. MAY OH, I'LL GO WEST . UH, JUST A QUICK, QUICK CLARIFICATION ABOUT THE POCKET PARK. YES MA'AM. UM, IT IS OWNED BY THE CITY. IT IS IMMEDIATELY CONTIGUOUS TO THE CITY LIMITS [01:45:01] THERE ON STAGE COACH ROAD. UM, AND YOU HAD REFERRED TO IT AS OUTSIDE OF THE CITY. WE COULD ANNEX THAT AT ANY POINT AND BRING IT INTO THE CITY LIMITS, UM, BECAUSE IT IS DIRECTLY CONTIGUOUS. SO I THINK THAT, YOU KNOW, SAYING THAT IT'S OUTSIDE OF CITY LIMITS, IT MAKES IT SEEM LIKE IT'S WAY OUTSIDE OF CITY LIMITS, WHICH IT IS NOT. AND WE ALSO HAVE A PRELIMINARY DE PRELIMINARY DESIGN FOR THAT AS A NATURE PARK. SO, UM, WE HAVE SPENT SOME MONEY ALREADY ON DESIGN OF THE PARK. THAT WAS ALL MY COMMENT. ALRIGHT. AND I, I, I, I THINK YOU'VE DONE AN EXCELLENT JOB IN NEGOTIATING THIS. IT WAS VERY COMPLEX, A LOT OF HISTORY, UM, AND LIKE YOU SAID, HURT FEELINGS OR MISCONCEPTIONS ON BOTH SIDES OF WHAT THE INTENTS WERE. SO THANK YOU FOR, FOR DEVELOPING THIS AGREEMENT. THANK YOU. ANY OTHER COMMENTS? COUNCIL MEMBER? ZAPATA YOU GO. WAS VAL LAST I'D LIKE TO GO LAST, PLEASE. UM, CAN I GET JUST A LITTLE BIT MORE CLARIFICATION ON UNDERSTANDING HOW, UM, INSIDE, UH, CUSTOMER RATES WON'T BE IMPACTED? UM, I KNOW THAT YOU SAID THAT YOU TAKE IT INTO CONSIDERATION IN THE, UH, FORECASTING FOR THE REVENUE. UM, BUT I ALSO REMEMBER THAT AT THE LAST BUDGET MEETING, YOU WERE VERY, VERY ADAMANT THAT WE DO NOT TOUCH THE WATER RATES AS THEY CURRENTLY ARE. AND THAT WAS THE RECOMMENDATION IN THE PRESENTATION, UM, WAS TO NOT INCREASE THEM, TO LEAVE THEM AS IS AND JUST HOLD ON THAT. UM, SO BECAUSE OF THAT, I'M, I'M SURE THAT YOU TOOK THAT INTO CONSIDERATION INTO ALSO INTO THE, THE REVENUE FORECASTING THAT WE HAVE. SO I GUESS I'M TRYING TO UNDERSTAND HOW MUCH OF THAT IMPACT IS GOING TO BE ABSORBED IN THE, UH, WATER FUND. OKAY, SO LET ME ANSWER IT IN TWO, TWO PARTS. THE FIRST PART IS WE WERE NEVER ENTITLED TO THIS REVENUE CONTRACTUALLY. IF WE WERE TO HONOR THE DA, WE SHOULD HAVE BEEN CHARGING THEM INSIDE CITY RATES. SO THAT'S ONE. YES, SIR. TWO ON THE WATER UTILITY SIDE AND THE WASTEWATER UTILITY SIDE. IF YOU WERE TO LOOK AT THE INTERIM, CITY MANAGER'S RECOMMENDED PROPOSED BUDGET. WE DO HAVE A VERY HEALTHY FUND BALANCE TO ABSORB ANY SHIFT BETWEEN INSIDE AND OUTSIDE CITY. SO ABOUT HALF THE CUSTOMERS, OUR TOTAL CUSTOMERS, OUTSIDE NUMBER OF CUSTOMERS, UM, IS SIX CREEKS, THE OTHER HALF IS THE REST OF THEM. SO WE HAVE ENOUGH BANDWIDTH AND I MADE SURE WE HAD ENOUGH BANDWIDTH AND OUR FUND FUN BALANCE TO ABSORB THIS MOVEMENT BETWEEN SIX CREEKS MOVING FROM OUTSIDE TO INSIDE CITY. OKAY. AND THE REVENUE FORECASTS THAT WERE SHOWN. UH, WE ONLY HAVE A LITTLE BIT OF WIGGLE ROOM FOR LIKE THE FIRST TWO YEARS, I THINK THREE YEARS OF THE FORECAST. AND THEN AFTER THAT IT CHANGES DRAMATICALLY BECAUSE WE HAVE TO HAVE DIFFERENT MAJOR INFRASTRUCTURE PROJECTS COME ONLINE. IT DOESN'T CHANGE DRAMATICALLY. THE, THE ELLIS, UH, PRESENTATION, UH, THEY, THEY SHOWED BASED ON THEIR UPDATE 2026 UPDATE, IT WAS ZERO ZERO ON THE WATER SIDE, TWO, TWO, AND I BELIEVE THREE IN THE LAST YEAR, WASTEWATER WAS ZERO ZERO. AND THEN 3, 3, 3. NOW YOU WILL ALSO RECALL THAT BEFORE I BROUGHT R DALLAS UP FRONT TO DO THEIR PRESENTATION, I DID A PREVIEW OF WHERE I WAS HEADED. SO THE RATES I RECOMMENDED TO CITY COUNCIL IN THE PROPOSED BUDGET, I SAID NO RATE INCREASE FOR WATER AND WASTEWATER FOR OUTSIDE OR INSIDE. THAT WAS BASED ON FINANCIAL PLAN, NOT COST OF SERVICE STUDY. I AM SUSPENDING THE COST OF SERVICE STUDY UNTIL WE RESOLVED A NUMBER OF ISSUES WE ARE WORKING ON. NUMBER ONE, THE METHODOLOGY REF HAS USED UTILITY BASIS FOR OUTSIDE CITY CUSTOMERS. I WOULD PREFER THAT WE RELOOK HOW WE DO THAT BY USING CASH BASIS. THAT'S NUMBER ONE. TWO, WITH OUR EXECUTIVE LEADERSHIP TEAM, AMBER AND JESSE, WE'VE BEEN WORKING WITH OUR UTILITY DEPARTMENTS TO REEXAMINE, BASICALLY TURN [01:50:01] IT UPSIDE DOWN, LOOK AT THE COST STRUCTURE, THE OPERATING COST, THE CAPITAL IMPROVEMENT COST, THE SUPPLY, WATER SUPPLY COST, WHICH IS THE MOST EXPENSIVE PIECE ON THE WATER SIDE IS THE TIMING OF THOSE. SO ANYTIME WE SHIFT THE COST STRUCTURE, WHETHER IT'S THE OPERATING COST OR THE CAPITAL COST, IT SHIFTS THE RATE ASSESSMENT OR EVALUATION SIGNIFICANTLY. SO IF YOU RECALL IN THE 25 UPDATE, ELLAS WAS SHOWING 20% INCREASE NEXT THREE, FOUR YEARS IN A ROW. THAT NOW CHANGED WITH JUST THE TWEAKS WE HAVE MADE SO FAR, WE'RE NOT DONE. JUST THE TWEAKS WE'VE MADE, THEY'RE SAYING NOW IS 0, 0 2 AND TWO AND TWO. SO DO YOU SEE THE DIFFERENCE THAT IT'S MAKING ON THE RATES AS WE TWEAK THE COST STRUCTURE ON THE OPERATING SIDE AS WELL AS THE CAPITAL SIDE? I DO AND, AND I, AND I APPRECIATE THE EXPLANATION AS WELL. UM, AND I THINK WHERE MY CONCERNS LIE IS I JUST WANNA BE ABLE TO HAVE A FULL UNDERSTANDING OF WHAT THE IMPACT IS GOING FORWARD. UM, BECAUSE I KNOW THAT THE REASON THAT WE WERE ABLE TO BRING DOWN THE RATES WAS BECAUSE WE DID PUSH A LOT OF THINGS OUT IN TERMS OF THE PROJECTS AREN'T GONNA COME ONLINE NOW, BUT THEY'RE GONNA COME ONLINE IN, YOU KNOW, 3, 4, 5 YEARS. SO WHAT I'M TRYING TO THINK ABOUT IS THOSE 3, 4, 5 YEARS AND LIKE WHAT THIS IMPACT IS GOING TO, TO CREATE. AND I THINK JUST TO BE VERY CLEAR, I'M GONNA VOTE YES FOR THIS 'CAUSE I DIDN'T VOTE TO INCREASE THE WATER RATES BY 77% IN THE FIRST PLACE. UM, BUT WHAT I'M TRYING TO DO IS ALSO MAKE SURE THAT WE ESTABLISH, UM, SOME SAFETY, UH, NETS FOR OUR LOW INCOME UTILITY CUSTOMERS. UM, SO WHETHER THAT BE US LOOKING INTO LIFELINE RATE STRUCTURES, UM, OR THERE ARE PAYMENT, UH, OF IT'S CALLED PERCENTAGE OF PAYMENT INCOME, PERCENTAGE OF INCOME PAYMENT PROGRAM. MM-HMM . SORRY, IT'S WEIRD. THAT'S P-I-P-I-P-P IS WHAT IT'S CALLED. UM, BECAUSE THE U-S-E-P-A DID A STUDY IN 2024 SAYING THAT WATER RATES SHOULD BE NO MORE THAN THREE TO 4.5% OF A, UH, HOUSEHOLD'S YEARLY, UM, INCOME. RIGHT? AND SO I JUST WANNA MAKE SURE THAT MOVING FORWARD AS WE LOOK AT THOSE 3, 4, 5 YEARS AND WE HAVE THESE MAJOR INFRASTRUCTURE PROJECTS COMING ONLINE, THAT AS, BECAUSE RATES WILL HAVE TO INCREASE IN ORDER TO SUPPORT THOSE HUGE NECESSARY REQUIRED INFRASTRUCTURE PROJECTS, UM, THAT WE'RE ALSO CREATING MECHANISMS AT THE SAME TIME RIGHT NOW AHEAD OF TIME TO PROTECT THOSE, UH, LOWEST INCOME EARNERS THAT ARE OUR UTILITY CUSTOMERS AS WELL. THAT'S, THAT'S A VERY GOOD POINT THAT YOU BRING UP. WE ARE, AS PART OF OUR NEXT PHASE AS WE MOVE INTO, REMEMBER WHEN I STARTED TALKING ABOUT BUDGET, I WAS NOT JUST LOOKING AT NEXT YEAR'S BUDGET, BUT ALSO LOOKING AT TWO YEARS DOWN THE ROAD. SO WHEN IT CAME TO WATER AND WASTEWATER, WHAT WE ARE FOCUSING ON FOR THE NEXT BUDGET CYCLE IS THE CAPITAL IMPROVEMENTS. WHAT I AM NOT ABOUT TO DO IS STOP THE INVESTMENT ON CAPITAL INFRASTRUCTURE, BUT TO ADJUST IT TO MORE REALISTIC TIMEFRAME. WHAT HAPPENS IS ENGINEERS, THEY LOVE TO BUILD, RIGHT? UM, WE HAVE TO KINDA SIT DOWN WITH THEM AND BE REASONABLE IN THEIR TIME, TIME, UH, SPECTRUM. THEY THINK THEY CAN DESIGN AND BUILD A TREATMENT PLANT IN SIX MONTHS, EIGHT MONTHS. AND THAT IS NOT THE REAL FACT. SO WE TRY TO QUESTION OR CHALLENGE THEM IN THEIR CASH FLOW NEEDS. THEY CAN STILL BUILD A PLAN. WE'RE NOT SAYING DON'T BUILD A PLAN, GO AHEAD AND BUILD YOUR PLAN, BUT REAL BE REALISTIC ABOUT YOUR CASH FLOW NEEDS BECAUSE THAT DRIVES WHEN WE HAVE TO ISSUE DEBT THAT DRIVES THE FIXED COST OR DEBT SERVICE COST ON THE RATES. SO IF WE CAN SCALE BACK ON THEIR TIMING TO MORE REALISTIC LEVELS, IT REALLY SHAPES UP THE, THE, UH, DEBT SERVICE COST ON THE RATES. THE RATE PRESSURE THAT THAT BRINGS FORWARD IS HUGE. I MEAN, JUST FROM LAST YEAR TO THIS YEAR, IF YOU LOOK AT OUR FIVE YEARS CIP SPENDING PLAN, WE WENT FROM $1.3 BILLION TO 800 MILLION AND WE'RE NOT DONE YET. IT'S NOT THAT WE'RE CUTTING OR CHOPPING OFF THE PROJECTS, WE'RE JUST [01:55:01] TIMING THE CASH FLOW TO MORE REALISTIC LEVELS THAT WE ACTUALLY CAN GET OFF THE GROUND. THERE'S NO WAY ON THIS GOD'S GREEN EARTH WE CAN SPEND $400 MILLION A YEAR ON CIP. THERE'S NO WAY IT JUST WON'T HAPPEN. AND WE'VE SHOWN THAT OUR AVERAGE IS AROUND $140 MILLION EVEN WITH THE ROAD BONDS THROWN IN. SO, NO, AND I, AND I COMPLETELY UNDERSTAND THAT. WHAT I'M TRYING TO JUST MAKE SURE THAT I GET RIGHT NOW IS JUST A PROMISE MOVING FORWARD THAT WE WILL CONSIDER, UH, WAYS AND PROGRAMS TO PROTECT OUR LOWEST INCOME EARNERS. JUST BECAUSE I KNOW, LIKE I SAID, IN THE NEXT THREE TO FIVE YEARS, AS THINGS COME ONLINE, IT WILL GET A LITTLE BIT MORE EXPENSIVE. YEAH. SO THAT'S ALL I'M LOOKING FOR IS JUST HOW DO WE PROTECT OUR LOWEST INCOME. SO I CAN GIVE YOU THIS ASSURANCE TONIGHT. IF I'M STANDING HERE THIS TIME NEXT YEAR, WE WILL HAVE SOME FORM OF LIFELINE RATE THAT WILL GIVE OUR SENIOR CITIZENS, OUR FIXED INCOME PEOPLE WITHIN THEIR MINIMUM MONTHLY COST, SOME GALLONS THAT THEY DO NOT GET CHARGED. WE WILL RECOUP THAT COST FROM THE HIGHER END USERS THAT IT HELPS US BOTH WAYS. IT'S, IT'S, IN A WAY IT'S A CONSERVATION RATES. MM-HMM . THE MORE YOU USE, THE MORE YOU PAY. BUT FOR THE DAILY LIVES OF OUR SENIOR CITIZENS, FIXED INCOME PEOPLE OR LOW INCOME PEOPLE, THAT THE MINIMUM CHARGE WILL GIVE THEM AT LEAST 2000, 3000. I DON'T KNOW THAT I'M JUST THROWING NUMBERS OUT SOME GALLONS EVERY MONTH. SO YOU WILL HAVE THAT FEATURE. WE ARE GONNA CHANGE THE COST STRUCTURE OF THE UTILITIES. WE ARE GONNA CHANGE THE METHODOLOGY FOR COST OF SERVICE, HOW WE RECOUP THAT RATE FROM EACH CUSTOMER CLASS. AND MOST IMPORTANTLY, WHEN WE DO THE BUDGET, WE DON'T JUST LOOK AT ONE THING AT A TIME. WHAT I HAVE EMPHASIZED WITH OUR TEAM IS WHAT IS THE IMPACT ON AN AVERAGE HOUSEHOLD IN KYLE, TRASH, WATER, WASTEWATER, UH, PROPERTY TAX RATE, WHATEVER ELSE THE CITY TOUCHES THEIR LIVES, HOW ARE WE CHANGING THAT FOR THEM? IS IT REASONABLE? IS IT NEEDED? SO YOU WILL SEE ALL OF THAT COMING INTO PLAY. OKAY. AND THANK YOU. I APPRECIATE THAT. MY GOAL THIS ENTIRE TIME HAS BEEN HOW DO WE SECURE, UH, LIFELINE RATES AND JUST, UH, IN THE INTEREST OF OUR FIXED INCOME, UH, INDIVIDUALS AND OUR, UH, SENIOR CITIZENS AS WELL. UH, SO I, I APPRECIATE THAT. THANK YOU. THANK YOU. I'M GONNA GO WITH MAYOR PORTEND TO BE US, AND THEN I'LL COME BACK TO YOU. OKAY. WELL, THANK YOU. UM, NOT ONLY DID I HAVE A VERY LONG WEEKEND WITH THE TOWN HALL, BUT I DID A LOT OF HOMEWORK AND RESEARCHING THE SLIDE AND EVERYTHING LIKE THAT. AND, UH, IT'S BEEN A LONG KIND TIME COMING FOR THE SIX GREEKS RESIDENTS AND ALL THE ETJ, UM, ON THE RATES. AND I'M NOT GONNA REHASH EVERYTHING THAT HAPPENED LAST YEAR, UM, BUT I AM READY TO MOVE FORWARD, MAYOR AND SCRIBBLED OUT MANY, MANY THINGS ON A MOTION. BUT I, I'M READY FOR A MOTION IF YOU ARE, IF YOU WANT TO CONTINUE TO HAVE THAT. SO I'M GOING CONTINUE TO LET PEOPLE HAVE THEIR DISCUSSIONS. WELL, WE CAN, YEAH, WE CAN MAKE A MOTION AND STILL HAVE A DISCUSSION. I'M JUST LET YOU KNOW THAT I, I'M, I'VE, I'VE GOT SOMETHING WRITTEN DOWN. I'VE BEEN WAITING FOR SEVERAL MONTHS NOW TO, TO KIND OF READ OUT AND THEN GO FROM THERE. BUT IF EVERYBODY WANTS TO CONTINUE ON, BY ALL MEANS, GO AHEAD. OKAY. COUNCIL MEMBER HARRIS, JUST A QUICK CO UH, COMMENT ABOUT SUBSIDIES FOR OUR LOW-INCOME RESIDENTS. WE DO HAVE A SUBSIDY PROGRAM, UM, FOR OUR LOW-INCOME RESIDENTS. I'M NOT SAYING IT'S ADEQUATE. UH, IT ISN'T. AND WE DID TRY TO, UM, IMPLEMENT SOME OF THE STRATEGIES THAT COUNCIL MEMBER MEMBERS OF HATO WAS DISCUSSING. UM, OUR ISSUE WAS THAT WE HAD, WE TRIED TO USE AN OUTSIDE AGENCY THAT, UM, WOULD'VE BEEN VERY HELPFUL, BUT IT JUST DID NOT WORK OUT. THEY WERE NOT DOING THE JOB. SO THAT STOPPED THAT PART OF THE PROGRAM. BUT WE STILL HAVE A, A SUBSIDY, UM, NOT HUGE, NOT WHAT WE NEED TO HAVE. UM, SO I WOULD CERTAINLY AGREE THAT WE NEED SOMETHING BETTER. OKAY. COUNCIL MEMBER GZA, I JUST WANNA SAY I AM SO READY TO MOVE FORWARD WITH THIS. UM, BUT I'M ALSO CONCERNED ABOUT THE REST OF THE RESIDENTS AND THE ETJ THAT ARE STILL BEING AFFECTED BY THESE HIGH RATES. AND SO I'M REALLY LOOKING FORWARD TO SEEING WHAT YOU'RE GONNA BRING FORWARD AND IN TERMS OF REDOING THOSE RATES. SO IT'S REALLY JUST MORE OF A COMMENT. SO THANK YOU FOR YOUR HARD WORK ON THIS C CERTAINLY. OKAY. SO I'M GONNA SAY IF WE WANT SMALLER BILLS, WE CAN'T SPEND $1.3 BILLION IN FIVE YEARS. SO I DO APPRECIATE THE FACT THAT [02:00:01] YOU HAVE SLIMMED DOWN THAT, UH, CIP PROJECT LIST BECAUSE IT'S JUST NOT REALISTIC TO SAY WE WANT SMALLER BILLS OR WE WANNA HELP OUT WHILE WE'RE SPENDING MONEY. I LIKE THE IDEA OF IT. I LOVE, I WISH WE COULD DO THAT, RIGHT? BUT THE REALITY IS WE CAN'T. AND SO, UM, EARLIER TODAY THERE WAS A GENTLEMAN WHO CAME UP AND WAS TALKING ABOUT, UH, THE SAVANNAH DA. AND SO BACK IN 2022 AND, UH, THERE'S A LOT OF DAS I THINK WITH THE TOLL BROTHERS, BUT I JUST WANTED TO CHECK, AND THIS WAS IN 2022. SO MIND YOU, THIS WAS WHAT, FIVE YEARS AFTER THE SIX CREEKS, UM, SECTION 7.02 IMPACT FEES. IMPACT FEES PAID BY THE PURCHASER WILL NOT BE ELIGIBLE FOR REIMBURSEMENT OUTTA PIT BONDS. OH, WAIT, THAT'S NOT IT. 7.01 CITY FEES, EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE PURCHASER AND THE SELLER AGREED TO PAY THE CITY'S STANDARD WATER AND WASTEWATER IMPACT FEES, RATES, CHARGES, AND OTHER FEES, INCLUDING ENGINEERING REVIEW AND INSPECTION FEES APPLICABLE TO FCI FACILITIES CONSTRUCTED CONNECTIONS MADE AND SERVICE PROVIDED WITHIN THE PROPERTY AND TO THE DEVELOPMENT OF THE PROPERTY AS APPLICABLE AS AMEND FROM TIME TO TIME. SO THIS IS SAYING THEY'RE GONNA PAY THE SAME FEES AS EVERYBODY ELSE. LIKE THERE WAS, THERE WAS, UM, MAYBE I READ THAT WRONG. THE, THE, MY POINT IS THEY DIDN'T LEARN THEIR LESSON IN WHAT THEY DID IN 2016. EITHER THAT OR THE SIX CREEKS AGREEMENT IS CORRECT NOW. RIGHT NOW. AND WE WERE GIVING BAD INFORMATION AT THE BEGINNING. I THINK THAT PROVISION MAYOR, IT, IT, IT, UH, CLARIFIES THAT THE DA DOES NOT EXEMPT THEM FROM PAYING IMPACT FEES TO THE CITY. THAT THEY WILL PAY THE SAME IMPACT FEES THAT EVERYBODY ELSE PAYS. OKAY. WE, WE DO NOT HAVE INSIDE CITY AND OUTSIDE CITY IMPACT FEES. IT'S ALL THE SAME. IT'S ALL THE SAME. OKAY. WELL, AND I DO UNDERSTAND THAT THE PIG IS SUPPOSED TO COVER A LOT OF THE INTERNAL INFRASTRUCTURE. RIGHT? AND THIS ONE ALSO INCLUDES, I GUESS THE SAVANNAH ALSO DIRECTLY AFFECTS, UM, ANTHEM AND THEY SHARE SOME KIND OF WATER LINES. AND SO FOR ME, THAT MAKES IT REALLY DIFFICULT TO FIGURE OUT. THERE'S A TRIANGLE THAT'S ANTHEM SIX CREEK, UH, AND, UM, SAVANNAH RANCH. AND SAVANNAH RANCH IS CITY. YES. OKAY. SO THAT THE FACT THAT THEY ALL SHARE THE SAME WATER LINES CONFUSES ME ON HOW WE CHARGE THESE DIFFERENT RATES THAN THESE. AND SO MY HOPE IS MOVING FORWARD, WE COULD NOT MAKE THE SAME MISTAKE AND WE CAN, UM, JUST GET A BIGGER, BETTER VERBIAGE AND FORM IN OUR, IN OUR AGREEMENTS. SO WITH THAT SAID, I'D LIKE TO MAKE IT, UH, A MOTION TO APPROVE AGENDA ITEM NUMBER 21 SECOND. OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER GZA, UH, MAYOR PORT PERUS. YES. I WAS HOPING TO, TO MAKE THE MOTION IF WE COULD MAKE ANY MINUTES 'CAUSE I, I'VE KIND OF WRITTEN SOMETHING OUT, BUT, UH, UM, GO AHEAD. I CAN, I CAN RETRACT MINE AND YOU CAN MAKE IT. OKAY. DO YOU MIND? NOPE. I DON'T MIND AT ALL. I'D LIKE TO, WHAT DO I JUST SAY? I, YOU JUST WITHDRAW YOUR MOTION. OKAY. I'D LIKE TO WITHDRAW MY MOTION. I, OH, AND THE SECOND HAS TO BE WITHDRAWN, I THINK. MARK. OKAY. HE CAN TALK. YEAH, WE CAN, I'LL WAIT FOR EVERYBODY TO BE DONE. OH, GEEZ GUYS. . OKAY. I WANT EVERYBODY TO HAVE THE OPTION. OKAY. SO WE ARE GONNA, I'M GONNA WITHDRAW MINE. WILL YOU? I I WITHDRAW MINE. OKAY. AND THEN WE'RE GONNA HAVE COUNCIL MEMBER MCKINNEY SPEAK, AND THEN WE ARE GONNA HAVE COUNCIL MEMBER TOUS MAKE THE MOTION. OKAY. THANK YOU. UH, I THINK IT IS IMPORTANT TO KIND OF REHASH KIND OF HOW WE GOT HERE. AND THE REALITY IS THAT IF IT WEREN'T FOR THE WATER RATES, THIS CONVERSATION NEVER WOULD'VE COME OUT. UH, I WANT TO KIND OF EXPLAIN EXACTLY HOW WE CAME TO THE WATER RATES THAT WE DID. UH, FOR ONE, UH, THERE'S, I DISAGREE ON HOW TO INTERPRET, UH, THE 4.01, 4.06 AND 7.01 FROM THE DA, UM, THE, THE CITY HAD NEVER DONE A RATE STUDY BEFORE, SO WE DID ONE, THEY CAME BACK AND SAID, OH MY GOODNESS, BASICALLY YOUR IN CITY CUSTOMERS ARE OVERPAYING BY 3.2 ISH MILLION DOLLARS EVERY SINGLE YEAR TO PROVIDE WATER SERVICE TO YOUR OUTSIDE CITY CUSTOMERS. UH, AND I ASKED, WELL, HOW COULD THAT BE? AND THERE WERE, THERE WERE A LOT OF REASONS. THERE WAS, UH, YOU KNOW, DESPITE BEING ROUGHLY 10% OF OUR CUSTOMERS, THEY ACCOUNTED FOR 30% OF OUR SURGE RATE. UM, BECAUSE OF THE, THE, THE TIMING AND THE AMOUNT OF THE WATER USAGE, UH, WE WERE HAVING TO READJUST, UH, OUR PRESSURE PLANES, WHICH COMES WITH VERY EXPENSIVE, UH, WATER AND WASTEWATER INFRASTRUCTURE TO, TO ACCOMMODATE THAT. AND SO THERE, THERE WERE REAL DOLLARS THAT WERE ATTACHED TO THAT WATER DELIVERY THAT HAD NOT PREVIOUSLY BEEN, BEEN ASSESSED AND ALLOCATED. [02:05:01] AND SO AT THAT POINT, I WAS LIKE, WELL, WHO SHOULD BE PAYING FOR THIS WATER? AND IT, IT WAS BASICALLY TO EXPLAIN THAT YOU CANNOT OPERATE AT THE DEFICIT THAT THE, THE WATER IS EITHER, YOU KNOW, IF YOU TAKE $1 AWAY FROM OUTSIDE CITY LIMITS CUSTOMERS, IT HAS TO BE SHIFTED AND SPREAD ACROSS YOUR IN-CITY CUSTOMERS. AND I JUST HAD A REALLY HARD TIME JUSTIFYING CHARGING MY IN-CITY CUSTOMERS TO SUBSIDIZE OUR OUTSIDE CITY CUSTOMERS FOR THE WATERS THAT, THAT THEY WERE USING. WE HAD, WE HIRED THE PREMIER WATER RATE COMPANY TO COME IN AND TELL US, THIS IS WHAT YOU SHOULD BE CHARGING. AND ANYTHING LESS THAN THAT IS A SUBSIDY. AND SO, I KNOW THERE'S BEEN SOME ALLEGATIONS THAT THE, THE RATE STUDY WAS MANIPULATED. I CAN'T IMAGINE THAT THAT REF TELLIS WOULD RISK THEIR REPUTATION, UH, AS THE NATION'S BEST, UH, FOR A CITY OF KYLE CONTRACT. UM, BUT THIS WILL HAVE LONG TERM IMPACT ON THE WATER BILLS FOR THE IN CITY CUSTOMERS. I THINK THAT ABSOLUTELY NEEDS TO BE SAID. IT'S BEING DEFERRED FOR NOW BECAUSE WE'RE GONNA DRAW DOWN ON OUR RESERVES. THOSE RESERVES WERE INITIALLY BUILT UP TO HELP PAY FOR THIS INFRASTRUCTURE THAT WE WERE HAVING TO PUT IN. SO WE ARE, WE'RE DELAYING DELIVERING THIS INFRASTRUCTURE, WHICH, YOU KNOW, THAT'S A POLICY DECISION. I THINK IT'LL END UP COSTING MORE IN THE LONG RUN. BUT BASED ON THE NUMBERS THAT I'VE BEEN GIVEN, AND I HAVE NOT BEEN GIVEN NEW INFORMATION SINCE THIS WILL COST OUR IN CITY CUSTOMERS BETWEEN 30 AND $35 MILLION OVER THE NEXT 10 YEARS. AND I THINK THAT ABSOLUTELY NEEDS TO BE PUT OUT THERE THAT BY, BY SUBSIDIZING THE OUTSIDE CITY LIMITS CUSTOMERS, YOU ARE PUTTING THAT BURDEN BACK ON IN CITY TAXPAYERS. IS THAT TRUE, PEREZ? IS THAT A FACT? 30 TO $35 MILLION. MAYOR, I HAVE NOT DONE ANY ANALYSIS TO EITHER SAY YES OR NO. OKAY. COUNCIL MEMBER MCKINNEY, COULD YOU JUST KIND OF, UH, EXPLAIN TO US WHERE YOU GOT THAT INFORMATION FROM? IT WAS FROM THE REF TELL STUDY FROM LAST YEAR. UH, WHEN THEY SAID 3.2, I ESTIMATED DOWN AND UP JUST TO, YOU KNOW, BETWEEN THREE AND THREE AND A HALF MILLION TIMES 10. OKAY. WELL, I, YOU KNOW, I WANNA REITERATE ROUGH MA'AM, I WANNA REITERATE WHAT I SAID AT THE LAST MEETING THAT WE WENT TO, WHICH IS NOT NECESSARILY RALPH TEIS THAT GAVE BAD INFORMATION, ALTHOUGH I, I CAN'T CONFIRM OR DENY, BUT, UH, THE CITY OF KYLE PROVIDED THAT INFORMA PROVIDED INFORMATION TO RALPH TEIS. AND, UH, YOU KNOW, THAT THAT INFORMATION, THEY DIDN'T, THEY DIDN'T PROVIDE A DA, THEY DIDN'T PROVIDE, YOU KNOW, A LOT OF INFORMATION. THEY TOOK $1.3 BILLION INTO CONSIDERATION. AND I DON'T THINK THAT WAS EVEN REALISTIC FOR OUR TAXPAYERS TO HAVE TO SHOULDER $1.3 BILLION IN FIVE YEARS. UM, AND I DON'T KNOW IF IT WAS GONNA BE GEO OR CO BONDS. SO I GET WHAT YOU'RE SAYING. THAT'S A PROBABLY DISCUSSION TOO THAT SHOULD BE HAD. RIGHT. YOU KNOW, YOU, YOU, YOU CAN LOOK AT EX EXPENSES AND IF YOU LOOK AT THAT JUST UNDER THE, YOU KNOW, THE UMBRELLA OF EXPENSES ALONE, THEN YEAH, THAT'S A HUGE NUMBER. I, I DON'T KNOW ANYBODY WHO'S EVER FACTORED A BUDGET WITHOUT CONSIDERING WHAT YOUR REVENUE AND WHAT YOUR INCOME IS FIRST. AND YOU KNOW, WHEN YOU FACTOR THAT THE, THE REVENUE AND THE INCOME STREAMS FOR THE CITY OF KYLE, YOU ABSOLUTELY COULD BUDGET FOR THAT IS TO THE POLICY DECISION ON WHETHER WE SHOULD OR NOT. I'M VERY OPEN TO HAVING THAT CONVERSATION 'CAUSE IT WAS A LOT. BUT TO, TO JUST BLATANTLY SAY THAT THERE'S ABSOLUTELY NO WAY YOU CAN PAY FOR THIS, THAT'S NOT FACTUALLY TRUE. WELL IT IS WHAT OUR INTERIM CITY MANAGER SLASH FINANCE DIRECTOR MENTIONED THAT $400 MILLION A YEAR FOR FIVE YEARS IS NOT SUSTAINABLE. OH, 400 MILLION TIMES FIVE IS 2 BILLION. SO I'M NOT SURE WHERE THAT NUMBER CAME FROM. EITHER 400 MILLION TIMES FIVE. SO THE LAST I WAS REFERRING TO THE LAST SPENDING, WHICH I THOUGHT WAS 1.2, IT WAS 1.3 BILLION. BUT IF YOU LOOK AT THE FIRST TWO YEARS, THEY'RE AROUND 400 MILLION A YEAR. SO YEAH, I THINK IT'S A GREAT POLICY QUESTION TO, TO TALK ABOUT, YOU KNOW, LATER DOWN THE LINE. I DO APPRECIATE IT NOT PUTTING 1.3 REGARDLESS IF WE CAN AFFORD IT OR NOT. AND OUR TAXPAYERS, I KNOW EVENTUALLY THAT WE ARE GONNA HAVE TO HAVE THIS INFRASTRUCTURE. UM, I'VE SERVED LONG ENOUGH TO UNDERSTAND THE NEEDS OF THIS COMMUNITY, INCLUDING THE WATER AND THE WASTEWATER. UH, I DON'T THINK ANYBODY UP HERE HAS TALKED ABOUT THE WASTEWATER ISSUE THAT WE'RE GONNA HAVE HERE IN A COUPLE YEARS WHEN WE'RE MAXED OUT. BUT THAT'S SOMETHING THAT I GO TO BED WITH EVERY SINGLE NIGHT WORRIED ABOUT. SO, BUT EVEN WITH THAT SAID, [02:10:01] THAT DOESN'T MEAN WE HAVE TO CONTINUE TO GROW AND ALLOW PEOPLE TO USE WATER AND WASTEWATER IF OUR CURRENT RESIDENTS CAN'T AFFORD IT. I THINK THAT'S SOMETHING THAT WE NEED TO LOOK AT AS A COUNCIL, IS WE ARE PUTTING THIS, UH, MONEY ON THE BACKS OF OUR TAXPAYERS AND NOT JUST NOW, BUT FUTURE, YOU KNOW, TAXPAYERS THAT ARE GONNA BE HERE. AND SO WE JUST NEED TO BE A LITTLE BIT MORE THOUGHTFUL ABOUT HOW MUCH DEBT WE INCUR. OKAY. COUNCIL MEMBER MAYOR PORT TOBIAS. OKAY, THANK YOU. YES. 'CAUSE UH, THIS IS VERY IMPORTANT AND IT HAS TO DO WITH SIX CREEKS AND I WANTED TO BE VERY SPECIFIC IN THIS MOTION AND, UH, I I REALLY HOPE THAT, UH, I COULD REALLY GET, UH, COUNCIL SUPPORT ON, ON WHAT I READ. SO FOR AGENDA ITEM 21, UH, WRITTEN THIS SEVERAL TIMES, I'M GONNA SEE IF I CAN GET IT RIGHT. LOOKING AT THE HOMEWORK HERE, MOTION, I MAKE A MOTION TO APPROVE THE RESOLUTION REGARDING SIXTH STREET DEVELOPMENT. I MOVE THAT THE CITY COUNCIL ADOPT A RESOLUTION ONE, ACCEPTING AND APPROVING THE DISCUSSION POINTS AND TERM SHEET AS SHOWN IN EXHIBIT FOUR TO THE AGENDA ITEM AS A FRAMEWORK FOR RESOLVING THE OUTSTANDING CONTRACTUAL ISSUES BETWEEN THE CITY AND SIX WEEKS DEVELOPER, ALONG WITH THE MOTION AND NUMBER TWO, DIRECTING THE CITY ATTORNEY TO PREPARE AND PRESENT TO THE CITY COUNCIL FOR CONSIDERATION AND APPROVAL AT ITS SEPTEMBER 15TH, 2026 MEETING AT AN AMENDMENT TO THE SIX CREEKS DEVELOPMENT AGREEMENT THAT MEMORIALIZES INCORPORATES AND CODIFIES THE TERMS, CONDITIONS AND PROVISIONS THAT IS SET FORTH IN THE ATTACHED DISCUSSION POINTS AND TERM SHEETS. AND NUMBER THREE, I'D LIKE TO DI DIRECT DIRECT THE INTERN CITY MANAGER TO RES TO RESERVE AND SEGREGATE THE SETTLEMENT FUNDS TO BE PAID BY THE SIX CREEKS DEVELOPER IN THE AMOUNT OF $1,886,545 AND 60 CENTS IN A SEPARATE FUND OR ACCOUNT DESIGNATED BY THE CITY TO BE HELD AND UTILIZED AS SEED FUNDING FOR THE PLANNING, DEVELOPMENT AND IMPROVEMENT OF THE CITY'S NEW KYLE VISTA PARK. SECOND AND NUMBER FOUR, DIRECTING THE INTERN CITY MANAGER TO NEGOTIATE WITH THE TWO NAMED RESIDENTS OF THE SIX CREEKS DEVELOPMENT TO FINALLY RESOLVE THE PENDING OUTSIDE WATER AND WASTEWATER RATE DISPUTE INITIATED BY THEM AND TO TAKE ALL THE REASONABLE ACTIONS NECESSARY TO REACH A MUTUALLY ACCEPTABLE SETTLEMENT SUBJECT TO CITY REQUIRED COUNSEL APPROVAL. THAT'S MY MOTION DISCUSSION. OH, WE GET A SECOND AT FIRST AND THEN WE CAN HAVE IT. SO I GET A SECOND. I GOT A MOTION BY MAYOR PRO TEM TOBIAS AND A SECOND BY MYSELF. UH OH. NO, WE CAN START DISCUSSION. OKAY. UM, SO I AGREE YOU LOST ME AT THE THIRD POINT. UM, AND THE REASON FOR THAT BEING IS BECAUSE I DON'T WANT TO LIMIT WHAT THAT 1.8, NEARLY $2 MILLION CAN BE USED AS, FOR EXAMPLE, BECAUSE IF YOU LOOK AT OUR CURRENT PROPOSED BUDGET FOR FY 27, YOU SEE THINGS LIKE POST OAK AND LANGLEY THAT DON'T GET ANY FUNDING AND THAT AREN'T BEING LOOKED AT UNTIL THE NEXT THREE, FOUR YEARS. EVEN MORENO STREET DRAINAGE IMPROVEMENTS, IT COSTS $600,000 LIKE THIS, THAT 1.8 MILLION COULD FUND THAT, FOR EXAMPLE. SO I DON'T WANNA LIMIT IT TO THE PARK IMPROVEMENTS BECAUSE RIGHT NOW THERE ARE OTHER REALLY MAJOR INFRASTRUCTURE ISSUES THAT I THINK COULD BE ADDRESSED USING SOME OF THAT FUND. UM, SO MY, I WOULD LIKE TO MAINTAIN THE USE OF THAT MONEY FOR USE OF, FOR PUBLIC USE THAT THE COUNCIL CAN DECIDE ON, UM, MORE HOLISTICALLY. I UNDERSTAND THE, UH, THE INTENTION AND THE MEANING OF IT, WHICH I THINK IS GREAT. UM, AND AT THE SAME TIME, LIKE I SAID, THERE ARE MAJOR INFRASTRUCTURE PROJECTS THAT ARE CURRENTLY NOT BEING FUNDED OR THAT WILL BE FUNDED THROUGH COS THAT WE CAN AVOID FUNDING THROUGH COS AND AVOID INCURRING MORE DEBT AND INTEREST ON IF WE ALLOW OURSELVES TO USE SOME OF THIS MONEY FOR THOSE INFRASTRUCTURE PROJECTS INSTEAD. SO I THINK THAT, YES, I UNDERSTAND THE INTENTION AND THE HEART OF THE MOTION, BUT I ALSO THINK THAT WE NEED TO TAKE TIME TO SERIOUSLY CONSIDER HOW WE USE THAT NEARLY $2 MILLION. OKAY. NEXT. COUNCIL MEMBER HARRIS, I TOTALLY AGREE WITH THAT. I, I DON'T THINK THAT UH, [02:15:01] THAT THAT'S APPROPRIATE IN THIS MOTION. I WANT TO APPROVE THE DEVELOPMENT AGREEMENT AS PRESENTED. UM, I DON'T WANT ANY RESTRICTIONS PUT INTO THAT PARTICULAR MOTION, UM, ON THE USE OF FUNDS AT ALL. THAT WOULD DEPEND UPON WHAT THE COUNCIL DECIDES THAT SOME OF LATER DATE. I UNDERSTAND, UH, THE NEEDS FOR VISTA. UM, HOPE WILL PROCEED WITH THAT, BUT I THINK THAT THAT'S A COUNCIL DECISION. OKAY. ANYBODY ELSE? COUNCIL MEMBER MEDINA, WHILE I AGREE THERE ARE A LOT OF INFRASTRUCTURE THAT NEEDS TO BE DONE, I CAN SAY WITH CERTAINTY THAT 1.8, ALMOST $1.9 MILLION WON'T HELP ANY OF THE ROADS IN POST OAK. UM, SO I KNOW THAT IS GOING OUT INTO THE FUTURE AND THERE ARE OTHER INFRASTRUCTURE THAT COULD BE LOOKED AT, BUT THINK OF YOUR KYLE VISTA PARK RESIDENTS THAT HAVE BEEN WAITING FOR MULTIPLE YEARS, OVER A DECADE, ALMOST TWO DECADES FOR THIS PARK TO BE BUILT. UM, AND AS SOME OF OUR RESIDENTS MENTIONED, THOSE KIDS THAT WERE PROMISED TO PARK HAVE GROWN UP AND NOW HAVE KIDS. SO I WOULD BE IN FAVOR OF HOLDING THAT MONEY SEPARATE FOR THAT PARK. AND IF I MAY ADD TO THAT, HOW MANY TIMES WE HEARD THROUGH THE YEARS PEOPLE SAID, GET THESE DEVELOPERS TO HELP INVEST IN OUR CITY. AND THIS IS A PERFECT OPPORTUNITY BECAUSE WE'VE HEARD IT SO MANY TIMES AND I'VE HEARD FROM PEOPLE ON THIS COUNCIL SAID, WELL WE'VE BEEN WAITING 20 YEARS TOBIS. DO YOU THINK IT'S NOW THE OPPORTUNITY FOR US TO BE ABLE TO USE THIS FUNDING TO BE ABLE TO JUMPSTART WHAT THE CITY SHOULD HAVE DONE 20 YEARS AGO? AND THE RESIDENTS THAT HAVE BEEN ASKING FOR MANY YEARS FOR THIS PARK, FOR THE MANY RESIDENTS WHO DONATED THEIR LAND BEING PROMISED BY PAST ADMINISTRATIONS, PAST MAYORS AND HAVE BEEN SITTING THERE AND YOU'RE RIGHT, WE HAVE HAD FAMILIES GROW UP AND NOW THEIR GRANDCHILDREN ARE GROWING UP AND THERE'S STILL NOTHING THERE. SO I FELT, YOU KNOW, AGAIN, THIS IS THE MAJORITY OF THE COUNCIL, BUT THIS WOULD BE THE PERFECT OPPORTUNITY TO KEEP THAT PROMISE TO THOSE PEOPLE 20 YEARS AGO. WE HAVE MANY CIP PROJECTS ON THE BOOKS AND I AND I DO UNDERSTAND WE HAVE ROADS THAT WE NEED TO BE FIXED. WE HAVE POST OAK, IT'S AMAZING HOW NOW, UH, PEOPLE ARE STARTING TO NOTICE THE EAST SIDE ALL OF A SUDDEN THAT THEY HAVE POTHOLES AND THINGS LIKE THAT. UH, YEAH, WE'VE BEEN HAVING THAT FOR MANY YEARS. I MEAN, ALWAYS HEARING ON THE SIDE OF THE WEST SIDE. AND I'M, I DON'T MEAN TO JUST KEEP THROWING THAT OUT WHERE, YOU KNOW, WELL WE HAVE STOPLIGHTS AND CROSSWALK. WELL I GOT STOP SIGNS THAT ARE FALLING DOWN POTHOLES. UM, BUT THOSE ITEMS, UH, MR. PATA IS, IS TRULY YES NEEDED. BUT THAT'S WHERE I BELIEVE WE, WE DEVELOP A, A BETTER CIP PLANNED TO WHERE WE CAN GET A LOT OF THESE ROADS REDONE AND FIXED LIKE WE WE'RE DOING RIGHT NOW, UH, AT, AT AT PARKWAY. AND THE WORK THEY'RE DOING OVER THERE OFF OF DACI IN KENSINGTON WHERE THE, THE, YOU KNOW, CHRIS ARNOLD AND HIS, UH, ASPHALT AVENGERS ARE OUT THERE RIGHT NOW IN THE HOT SUN WORKING ON IT. 'CAUSE THOSE ARE PROJECTS THAT WE APPROVED LAST YEAR AND THE YEAR BEFORE AND WE'RE FINALLY GETTING ROUND TO 'EM. SO, UH, I I JUST FEEL THAT IF WE ARE A, IF WE'RE ABLE TO BE ABLE TO GET SOME FUNDING TO JUMPSTART THIS PARK, I THINK THIS WOULD BE A GREAT OPPORTUNITY. AND THEN AGAIN, ARE WE ALSO SAYING MS PERVE THAT THERE WILL BE ADDITIONAL FUNDS IN THE NEXT YEAR OR SO OR IS THIS, THIS IS WHAT WE HAVE HERE. IF THIS GOES THROUGH, WE WILL BE GETTING MORE MONIES FROM SIX CREEKS AS THEY ISSUE BONDS. YEAH, SO THIS, THIS COULD BE JUST THE SEED MONEY AND THEN WE CAN USE THE FUNDING FOR, OR OTHERS FOR OTHER PROJECTS AS WELL. IT'S ALSO NOT THE TOTALITY. AND THEN I JUST WANNA MAKE IT VERY CLEAR THAT IN THE CURRENT CIP PLAN, WE'RE MOVING A LOT OF PROJECTS DOWN THE LINE INFRASTRUCTURE PROJECTS. I UNDERSTAND THE NECESSITY AND THE VALUE OF A PARK. I TRULY DO. AND AT THE SAME TIME, WHEN WE'RE TALKING ABOUT BEING ABLE TO FUND AND NOT CREATE MORE DEBT AND INTEREST FOR THE CITY BY USING THIS 1.8 MILLION TO FUND INFRASTRUCTURE PROJECTS THAT CAN HELP CREATE, EVEN IF IT'S JUST THE BEGINNING, YOU KNOW, WE'RE CALLING IT SEED MONEY NOW, IT COULD BE SEED MONEY FOR POST OAK, IT COULD BE SEED MONEY FOR LANGLEY THAT LOWERS THE AMOUNT OF DEBT THAT WE'RE TAKING OUT IN FUTURE YEARS. SO THIS IS SOMETHING THAT I JUST WANT US TO PAY VERY CLOSE ATTENTION TO AND BE SMARTER WITH. I MEAN, I WOULD APPRECIATE IF THE, UH, MOTION WAS SEPARATED INTO TWO PARTS. IF WE [02:20:01] COULD HAVE APPROVAL OF THE SIX CREEKS, UH, AND THE OF ITEM 21, UH, BE ONE PART OF A MOTION AND THEN A SEPARATE MOTION, UM, FOR HOW TO SPEND THAT 1.8 MILLION. UM, BECAUSE OTHERWISE I JUST, I WANT TO BE ABLE TO, FOR THOSE OF US WHO MIGHT HAVE THE DISAGREEING OPINION ON ONE PART OF THE MOTION, BEING ABLE TO JUST CLEARLY VOTE UPON THAT. SO I'M NOT SAYING TO COMPLETELY TAKE IT AWAY IF IT COULD JUST BE SEPARATED INTO TWO DIFFERENT MOTIONS. OKAY. WELL I DO HAVE A QUESTION. 'CAUSE 1.8 IS, IS A LOT. AND I DIDN'T KNOW IF WE WOULD BE WILLING TO BREAK THAT UP INTO 900,000 FOR ONE THING AND THEN 900,000. AND MY CONCERN IS WHEN WE TALK ABOUT CIPS, WHAT THAT MEANS FOR ANYBODY WHO'S WATCHING OR SITTING THAT DOESN'T UNDERSTAND IT'S CAPITAL IMPROVEMENT PLANS. SO IT IS ROADS, IT IS STREETS, IT IS LAKE KENSINGTON, IT IS LA VERDE, IT IS HERO'S MEMORIAL. THOSE ARE ALL PARKS THAT WE HAVE SPENT ARE WITHIN THE CAPITAL IMPROVEMENTS. SO IT'S NOT LIKE PARKS ARE NOT INCLUDED IN CAPITAL IMPROVEMENTS. IT JUST MEANS THEY'RE A DIFFERENT TYPE OF CIP. AND SO FOR ME, I HAVE SEEN, AND I HAVE HEARD, AND I HAVE FELT THE STRUGGLE WITH MAYOR PRO TIM TOBIAS TRYING TO GET SOMETHING, EVEN A DRIVEWAY AT SUNFLOWER. IS IT SUNFLOWER DRIVE OR FOREVER? AND HE'S BEEN TOLD NO, IT'S, THAT'S NOT PART OF THE CITY. HE'S BEEN CON CONSISTENTLY TOLD NO, NO, NO, NO. AND TO HAVE THE ABILITY TO GIVE A PARK TO THE KIDS THAT NOT ONLY LIVE NEAR THAT AREA, BUT THAT GO TO SCHOOL IN THAT AREA, CHAPPA SCHOOL IS DIRECTLY NEXT TO IT. YOU'RE GIVING THEM SOMETHING TO DO. AND AS MANY OF US KNOW, WE HAVE VERY THING FEW THINGS TO DO FOR OUR KIDS IN THE CITY OF KYLE. AND SO, ALTHOUGH I CAN SEE THE VIEWPOINT THAT MAYBE WE DON'T WANNA GIVE ALL 1.8 MILLION TO, UH, KYLE VISTA, ALTHOUGH I'D BE OKAY WITH THAT AS WELL. UM, I WOULD ALSO BE OKAY IF WE JUST DID A MILLION OR WE DID A CERTAIN AMOUNT. AND SO THAT WAY WE COULD ALL I THINK MOVE FORWARD IN GOOD FAITH THAT WE DO TRULY WANNA SEE KYLE VISTA COME TO LIFE. THEY'VE WAITED LONG ENOUGH. IS THAT SOMETHING THAT YOU WOULD BE AGREEABLE TO? I MEAN, I THINK SO. I JUST DON'T WANNA SET ASIDE THE ENTIRE AMOUNT WITHOUT CONSIDERATION FOR THE POSITIVE IMPACTS THAT I JUST WANNA EXPAND OUR POSITIVE IMPACT. OKAY. SO WHAT IS THE AMOUNT THAT YOU WOULD BE, I MEAN, I HATE THINKING OF IT JUST WILLY-NILLY. I DON'T WANNA JUST THROW OUT A NUMBER OUT THERE FOR, YOU KNOW, NO REASON. UM, IF I'M THINKING OF LIKE OUR CIP FOR EXAMPLE, UM, WE HAVE SOME ROAD MAINTENANCE, UH, PROJECTS THAT I THINK ARE 1 MILLION ON CO BONDS. SO AS CLOSE AS, AND THAT'S FOR LIKE REGULAR ROUTINE ROAD MAINTENANCE. UM, SO I'M THINKING THE CLOSEST THAT WE CAN GET TO SOMETHING LIKE THAT, I DON'T KNOW. LIKE I, I'M JUST, THIS IS WHY I WOULD LIKE FOR US TO BE ABLE TO HAVE MORE TIME DISCUSSING IT BECAUSE I DON'T WANNA JUST DECIDE HERE AND NOW LIKE THE, THIS IS HOW WE'RE GONNA USE THIS MONEY AND THIS IS THE ONLY WAY THAT WE CAN USE IT. 'CAUSE I THINK IT'S A LITTLE, WELL I'M, I'VE ALWAYS ADVOCATED ALSO FOR A EAST SIDE SWIMMING POOL FOR CITY SWIMMING POOL, UM, AND THE COURTS AND, AND, AND BASKETBALL COURTS AND, UH, PLAYGROUND. I MEAN, IT, IT'S, IT FITS RIGHT IN THIS BUDGET HERE TO WHERE IT IS ACTUALLY AGAIN, IT'S SEED FUNDING. UM, AND THEN WE, WE WOULD JUST TAKE IT FROM THERE. BUT, UM, THIS HAS BEEN A LONG TIME COMING MS. ZAPATA, FOR THESE PEOPLE 20 YEARS. 20 YEARS. THIS IS AN OPPORTUNITY TO FINALLY GIVE THIS AREA OF TOWN EAST OF KYLE SOMETHING THEY CAN CALL YES. THEIR OWN. THIS IS THE OPPORTUNITY. I COMPLETELY UNDERSTAND THAT. SO I THINK MAYBE, UM, LIKE IF I'M THINKING ABOUT TEXAS PARK AND WILDLIFE GIVES A GRANT FOR, IS IT 750,000 FOR LIKE, UH, PARK USE AND LIKE INCREASING PARK BENEFITS. SO FROM THIS 1.8 MILLION. COULD WE SET ASIDE 750,000 AS SEED MONEY? IT'S, IT'S RIGHT HERE. IT'S RIGHT IN FRONT OF US. 'CAUSE I MEAN, IF WE'RE GONNA SAY WE'RE GONNA GO FOR GRANTS, I MEAN, THERE'S NO GUARANTEE ON THAT. THIS IS NO, NO. I'M, I'M SAYING CAN WE JUST MATCH THAT? 'CAUSE YOU'RE, 'CAUSE UH, THE MAYOR ASKED ME FOR A NUMBER THAT I WOULD FEEL OKAY WITH. SO I'M THINKING, OKAY, [02:25:01] IF TEXAS PARKS AND WILDLIFE HAS DETERMINED THAT $750,000 IS ENOUGH TO MAKE PARK IMPROVEMENTS, UM, THEN WHY DON'T WE SET ASIDE FROM THAT 1.8 MILLION, THAT $750,000, WHY DON'T WE JUST USE THE FUNDING, THE MONEY THAT THESE PEOPLE ARE READY TO GIVE US, TO USE THAT INSTEAD OF GOING AFTER GRANTS. OKAY. I GONNA CALL THE QUESTION I'D LIKE HIM, I'M GONNA CALL THE QUESTION. SO WE'RE GONNA TAKE A VOTE. TAKE A VOTE ON WHETHER OR NOT TO CALL THE QUESTION AND WHETHER OR NOT WE'RE GONNA DO IT BECAUSE WE ARE, WE'RE GOING BACK AND FORTH. IT'S LATE AND THESE PEOPLE NEED TO GET HOME. SO, SO THE FIRST VOTE IS GONNA BE TO CALL THE QUESTION, AND THAT MEANS WE ARE GOING TO STOP DEBATE. AND THEN THE SECOND IS GOING TO BE A ROLL CALL VOTE. SO GO AHEAD. I THINK IT'S A ROLL CALL. VOTE FOR CALL IN THE QUESTION. MEDINA. YES. MCKINNEY? YES. ZAPATA? YES. FLORES. KALE? YES. GZA? YES. IS YES. HARRIS? YES. ALRIGHT. IT'S SEVEN ZERO. WE'RE GOING TO GO AHEAD AND, UH, MAKE A MOVEMENT ON THE MOTION IF ANYBODY NEEDS TO READ AGAIN, OR DO YOU GUYS HAVE A GOOD UNDERSTANDING? YEAH. DID WE SEPARATE THE TWO? NOPE. NO. SO IT'S ALL MOTION AS IS. MOTION AS IS WILL YOU'VE PUT US IN A DIFFERENT DIFFICULT POSITION. RIGHT. GO AHEAD, ROLL CALL, VOTE. FLOS. KALE. YES. GZA. YES. MEDINA. YES. HARRIS, AS MUCH AS I DISLIKE DOING THIS, I BELIEVE THAT THE MOTION AS IT STANDS, DOES NOT RELATE TO THE SIX CREEKS DEVELOPMENT, WHICH IS WHAT WAS ON THE AGENDA. UM, AND I AM GOING TO HAVE TO SAY NO. TOUS? YES. MCKINNEY? NO. ZAPATA? YES. ALL RIGHT. MOTION PASSES. FIVE TO TWO. THANK YOU, COUNSEL. YOU'RE WELCOME. THANK YOU. I DO WANNA SAY, UH, THANK YOU TO SIX CREEKS, TO THE RESIDENTS, TO OUR INTERIM CITY MANAGER, WHO HAS WORKED SO HARD TO GET WITH YOU GUYS AND TO TO HEAR YOU OUT AND TO, TO BRING BACK THIS AMAZING AGREEMENT. SO YOU GUYS HAVE A BLESSED NIGHT. THANK YOU. THANK YOU. ALL RIGHT. UM, WOULD ANYBODY BE OPPOSED WITH ME ALSO NOW MOVING UP [16) (First Reading) Consider approval of an Ordinance repealing Resolution No. 1909 and dedicating the property known as Kyle Vista Park as parkland to be used exclusively for park and recreation purposes. ] THE VISTA, KYLE PARK? NO. OKAY. IF NOT, THEN WE'RE GONNA, I'D LIKE TO, BECAUSE WE HAVE PEOPLE HERE FOR THAT AS WELL. UM, SO THIS IS THE FIRST READING, CONSIDER APPROVAL OF AN ORDINANCE, REPEALING RESOLUTION 1909. AND DEDICATING THE PROPERTY KNOWN AS KYLE VISTA PARK IS PARKLAND TO BE USED EXCLUSIVELY FOR PARK AND RECREATION PURPOSES. ITEM PRESENTER, AMY ALCORN RE, CITY ATTORNEY. GOOD EVENING, MARION COUNSEL. AMY ALCORN REID CITY ATTORNEY FOR THE RECORD. I TOOK A SHOT AT STANDING UP AND YOU STILL GOT MY ITEMS, SO IT'S JUST, JUST A DIFFERENT ONE. UM, I THINK'S CLICKER TO WORK. THERE WE GO. OKAY. SO WE ARE HERE BECAUSE ON JULY 7TH, 2026, THE CITY COUNCIL DIRECTED THE INTERIM CITY MANAGER TO BRING BACK AN ITEM, REPEALING THE FINDINGS OF RESOLUTION NUMBER 1909 AND FORMALLY DEDICATING THE PROPERTY KNOWN AS KYLE VISTA PARK AS PARKLAND TO BE AS EXCLUSIVELY FOR PARK AND RECREATION PURPOSES. I HAVE ON THIS SLIDE A MAP OF THE THREE PARCELS THAT ARE AT ISSUE HERE. AND, UM, KIND OF A, A LOOK AT THE FIELD AND HOW IT LOOKS TODAY. UH, WE'VE GO, WE'VE GONE THROUGH THE HISTORY OF CAL VISTA PARK A COUPLE OF TIMES RECENTLY, SO I'M JUST KIND OF GIVING AN ABBREVIATED HISTORY. 'CAUSE IF WE HAVE MORE QUESTIONS, WE CAN GET INTO MORE OF IT. UM, SO WE DID PRESENT THE FULL HISTORY ON JULY 30TH, 2026. THAT PRESENTATION DISCUSSED PREVIOUS PLANS TO USE THE PROPERTY FOR NON-PAR PURPOSES, INCLUDING AN ANIMAL SHELTER. UH, THE CITY COUNCIL VOTED ON THAT DAY TO REMOVE THE PROPERTY FROM CONSIDERATION AS A LO AS A LOCATION FOR THE ANIMAL SHELTER. AND SO PRIOR TO THAT PRESENTATION, STAFF HAD BROUGHT FORWARD SEVERAL ITEMS RELATED TO THE USE OF THE PROPERTY FOR NON-PAR PURPOSES, UM, INCLUDING RESOLUTION 1909, WHICH IS INTENDED TO MAKE, FIND FINDINGS UNDER CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE. THE PURPOSE OF THIS ORDINANCE IS TO REPEAL THOSE CHAPTER 26 FINDINGS, INCLUDING RESOLUTION NUMBER 1909, UM, AND DEDICATE THE PROPERTY'S PARKLAND. THE ORDINANCE WILL HAVE NO IMPACT ON RESOLUTION NUMBER 9 89, WHICH MADE SIMILAR FINDINGS, BUT WAS FOR THE LIMITED PURPOSE OF RUNNING WATER AND WASTEWATER LINES UNDERNEATH THE PORTION OF THE PROPERTY. IN ACCORDANCE OF THE ORDINANCE, THE PROPERTY WILL BE USED EXCLUSIVELY FOR PARK RECREATION PURPOSES. IN ANY FUTURE CHANGE, WE WOULD REQUIRE APPROVAL BY ORDINANCE. I DO WANNA NOTE THAT I DID PUT IN AN EXCEPTION FOR FUTURE UTILITIES AND RIGHT OF WAY NEEDS. SPECIFICALLY, IF YOU LOOK AT THE MAP, THERE'S APPEARS TO BE A ROADWAY IN THERE. AND SO I WANNA MAKE SURE THAT WE'RE NOT GONNA [02:30:01] VIOLATE OUR ORDINANCE IF WE DO END UP HAVING TO PUT IN A ROADWAY. AND THEN IF WE DID USE THE PROPERTY FOR THAT RIGHT OF WAY OVER UTILITIES, WE WOULD STILL HAVE TO DO THE CHAPTER 26 HEARING. 'CAUSE THAT IS STILL INCLUDED IN THE ORDINANCE AS A REQUIREMENT. OKAY. ANY OPTIONS OR TO APPROVE AS PRESENTED, APPROVE WITH AMENDMENTS OR DENY. THANK YOU. AND WE ARE GONNA LEAVE THIS STRICTLY AS A POLICY COUNCIL POLICY, SO THIS IS UP TO US. UM, IS THERE ANY QUESTIONS OR COMMENTS? COUNCIL MEMBER HARRIS? SO DOES THIS NEED TO BE AN ORDINANCE OR CAN IT BE A RESOLUTION? MY SUGGESTION WAS TO DO IT AS AN ORDINANCE FOR A FEW REASONS, BUT THE PRIMARY ONE BEING THAT IT IS HARDER TO MOVE AWAY FROM THAT POLICY DECISION. AND I THINK THAT WAS THE INTENT OF THE ITEMS TO MAKE A POLICY DECISION. IT'S EASIER TO, YEAH. THAT IT'S HARDER TO MOVE AWAY FROM IT'S A LAW. I THINK LAND USE REQUIRES A RESOLUTION AND IT SHOULD HAVE BEEN A RESOLUTION TO BEGIN WITH. WELL, I CAN'T JUDGE THAT. I WASN'T HERE WHEN THAT HAPPENED. THAT, YEAH, THIS WAS IN 2025. THIS IS WHAT WE'RE REVERSING. OH, OKAY. WELL, THE, THE CITY DOES OWN PART OF THAT OUTRIGHT. IT WAS NOT DONATED. UM, I'M CONCERNED MAKING THIS AN ORDINANCE. I COULD SEE MAKING IT A RESOLUTION. THE PREVIOUS ONE WAS NOT AN ORDINANCE, WAS IT THE PREVIOUS DEDICATION OF PARK? IT WAS, THERE WAS A RESOLUTION FINDING THAT IT, OR NAMING IT CAL VISTA PARK. AND I CAN'T REMEMBER EXACTLY WHEN THAT ONE OCCURRED, BUT THAT WAS BY RESOLUTION. AGAIN, MY UNDERSTANDING WAS THAT THE GOAL OF THE COUNCIL MEMBERS WHO PROVIDED THIS DIRECTION TO COUNCIL WAS TO MAKE THIS A MORE ENFORCEABLE, STRONGER FINDING. AND THAT WAS WHY WE WERE RECOMMENDING AN ORDINANCE. THAT'S WHAT THE DIRECTION WAS AS WELL. MM-HMM . IN THE LAST MOTION. YEP. ALL RIGHT. UM, I DO HAVE ONE LITTLE CONCERN THAT I SPOKE TO, UH, A LAND, UH, ADJACENT LANDOWNER OVER THERE ABOUT, AND THEY JUST WANT TO MAKE SURE SECTION FOUR IS SAFE, UM, FROM ANY FUTURE CHANGES. UM, AND SO IF WE COULD PUT RIGHT NOW, IT'S AN EXCEPTION TO USE LIMITATION FOR LIMITED PURPOSES. AND SO IF WE COULD SAY ANY UTILITY OR RIGHT OF WAY EXCEPTION MUST BE STRICTLY LIMITED TO ORDINARY UTILITY OR ACCESS NEEDS, MUST NOT AUTHORIZE BUILDINGS, PARKING LOTS, ANIMAL FACILITIES, COUNTY OFFICES, OPERATIONAL FACILITIES OR INFRASTRUCTURE, PRIMARILY SERVING AS A NON-PAR USE AND MUST COMPLY WITH CHAPTER 26. I HAVE NO ISSUES WITH THAT. MAYOR, I DO REQUEST THAT YOU SEND ME THAT LANGUAGE FOR MINUTES. OKAY. I'LL GET THIS TO YOU. OKAY. AND FOR THE RESOLUTION. OKAY. ORDINANCE, I'M SORRY. ORDINANCE. OKAY. WELL, WITH THAT, IF WE DON'T HAVE ANY MORE NOPE. I'D LIKE TO MAKE A MOTION TO APPROVE. COUNCIL MEMBER. OH, COUNCIL MEMBER MCKINNEY. I JUST WANTED TO SAY THAT, UH, I'M, I'M ALL IN FAVOR OF MORE GREEN SPACE AND MORE PARK SPACE, SO I'M, UH, I I'M IN FAVOR OF THIS IN GENERAL. I JUST WANT TO POINT OUT TOO, THOUGH, THAT YOU KNOW, BY, BY RESTRICTING THE USE OF LAND THAT WE HAVE AVAILABLE TO US, THAT IF WE HAVE NEEDS FOR LAND FOR OTHER THINGS IN THE FUTURE, THIS IS NO LONGER AN OPTION. WE MAY END UP HAVING TO, TO PURCHASE LAND FOR FUTURE NEEDS AS A RESULT TO JUST GETTING IT ON THE RECORD. OKAY. THANK YOU. WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 16. SO I SECOND WOULD LIKE TO MAKE A MOTION FOR YOUR AMENDMENT. OH, YES, YES. MM-HMM . YEAH. A MOTION, UH, TO APPROVE AGENDA ITEM 16 WITH THE AMENDMENTS PREVIOUSLY STATED, UH, DURING OUR DISCUSSION, AND I WILL GIVE TO YOU. OKAY. OKAY. AND SO THE SECOND WAS COUNCIL MEMBER TOBIAS. THAT'S FINE. UM, SO ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? UH, MOTION PASSES. SEVEN ZERO. THANK YOU VERY MUCH. THANK YOU. AND FOR THE RECORD, THAT WAS A SEVEN ZERO VOTE. AND THIS WILL BE FINALLY APPROVED TODAY. OKAY. YES, IT'LL BE FINALLY APPROVED. THANK YOU. UM, SO WE'RE GONNA GO BACK [12) Consider approval of a Resolution officially naming the facility located at 1500 Dacy Lane the Adell Hurst Senior & Community Center.] TO AGENDA ITEM 12. SO ME AND IT'S GONNA BE YOU. THIS IS, UH, CONSIDER APPROVAL OF A RESOLUTION OFFICIALLY NAMING THE FACILITY LOCATED AT 1500 DACY LANE. THE ADELE ADE HURST SENIOR CENTER SENIOR AND COMMUNITY CENTER. ITEM PRESENTER. AMY ALQUAN REED. THANK YOU. AMERICAN COUNSEL. AMY ALCO, REED CITY ATTORNEY. FOR THE RECORD, THIS ITEM IS TO OFFICIALLY NAME THE 1500 DACY FACILITY, THE DEL HURST SENIOR AND COMMUNITY CENTER. DEL HURST WAS A DEDICATED COMMUNITY ADVOCATE WHO RECOGNIZES THE NEED FOR A PLACE WHERE SENIORS COULD GATHER, PARTICIPATE IN ACTIVITIES, REMAIN CONNECTED TO THE COMMUNITY. THROUGH HER LEADERSHIP AND COMMITMENT. KYLE AREA SENIOR ZONE WAS ESTABLISHED AS A NONPROFIT ORGANIZATION TO SUPPORT SENIOR PROGRAMMING AND PROVIDE OPPORTUNITIES FOR ENGAGEMENT, WELLNESS, AND COMMUNITY DEVELOP INVOLVEMENT. IN 2006, EIGHT, HURST AND COMMUNITY MEMBERS WORKED TO PRESERVE THE KYLE'S HISTORIC FORMER CITY HALL BUILDING AND REPURPOSED THE FACILITY FOR SENIOR ACTIVITY. THE BUILDING WAS LATER KNOWN AS THE KIG ACTIVITY CENTER AND BECAME THE HOME TO CS. BECAUSE THIS NEW BUILDING LOCATED 1500 DC [02:35:01] WILL BECOME THE NUKE HOME FOR CS. AND BECAUSE OF ALL OF, IN HONOR OF ALL OF HER CONTRIBUTIONS TO THIS CITY, THE CITY COUNCIL, UH, HAS DIRECTED US TO BRING FORWARD THIS RESOLUTION ON AUGUST 4TH TO NAME THE FACILITY THE HURST SENIOR AND COMMUNITY CENTER. IT, THAT DOING SO WILL RECOGNIZE THE INDIVIDUAL WHOSE VISION AND DEDICATION HELPED CREATE SENIOR PROGRAMMING AND OPPORTUNITY SENIOR PROGRAM OPPORTUNITIES IN KYLE AND HONOR THE HISTORY OF PARTNERSHIP BETWEEN THE CITY OF KYLE, KYLE AREA, SENIOR ZONE, AND THE COMMUNITY. THE OPTIONS ARE TO APPROVE THE RESOLUTION AS REPRESENTED TO NAME THE FACILITY, THE DEL HURST SENIOR AND COMMUNITY CENTER TO APPROVE AN AMENDED RESOLUTION OR DENY THE RESOLUTION. OKAY. ANY DISCUSSION? ANY MOTIONS? I'LL MAKE A MOTION TO APPROVE ITEM. OH, LAURA, I'M SORRY. LAURA LEE HAD HER HAND UP. SORRY. , I'D LIKE TO MAKE A MOTION TO APPROVE. UM, ITEM NUMBER. OOPS, SORRY. YOU'RE GOOD. 1212. 12. THANK YOU. UH, AS PRESENTED. UH, AND NAME THE FACILITY. THE HL HARRIS SENIOR AND COMMUNITY CENTER. SECOND, I HAVE A MOTION BY COUNCIL MEMBER HARRIS AND A SECOND BY COUNCIL MEMBER MEDINA. IS THERE ANY DISCUSSION? I JUST WANNA SAY I'M EXCITED THAT WE GET TO DO THIS. YAY. IT'S BEEN A LONG TIME COMING. THIS, THIS IS ONE OF THE FEEL GOOD VOTES THAT WE GET TO TAKE THERE. THERE ARE FEW AND FAR BETWEEN, BUT I LOVE THIS. YES. SO WE ARE EXCITED FOR YOU GUYS AND, UH, CAN'T WAIT TILL SEPTEMBER. ALL IN FAVOR, SAY AYE. AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. I'M GONNA ASSUME MCKINNEY SAID AYE. I I HEARD HIM. OKAY. , SORRY. AS IT'S OFFICIAL, YOU OFFICIAL YOU DID IT. ALL RIGHT. UP NEXT WE [13) (Second Reading) Consider approval of an Ordinance establishing the salary for members of City Council effective October 1, 2026, pursuant to Section 3.09 of the City Charter, and following the recommendation of the Council Compensation Committee. Public Hearing The City Council voted 7-0 to approve on first reading on 8/4/2026.] HAVE AGENDA ITEM 13, CONSIDER APPROVAL OF AN ORDINANCE ESTABLISHING THE SALARY FROM MEMBERS OF CITY COUNCIL. EFFECTIVE OCTOBER 1ST, 2026, PURSUANT TO SECTION 3.09 OF THE CITY CHARTER. AND FOLLOWING THE RECOMMENDATION OF THE COUNCIL COMPENSATION COMMITTEE, THIS IS A SECOND READING, AND WE DO HAVE A PUBLIC HEARING THAT'S CORRECT. UNDER THE CITY CHARTER. THIS ITEM REQUIRES TWO PUBLIC HEARINGS. THIS IS THE SECOND PUBLIC HEARING. THIS ITEM WAS APPROVED SEVEN ZERO AT OUR LAST MEETING. I CAN GO THROUGH THE SLIDES AGAIN. THEY HAVEN'T CHANGED. . UM, ESSENTIALLY HERE'S THE SLIDE THAT SHOWS THE PROPOSED SALARY. IT'S $1,800 PER MONTH FOR THE MAYOR, $1,500 PER MONTH FOR MEMBERS OF COUNCIL. THAT IS ESSENTIALLY THE SAME AMOUNT OF MONEY YOU'RE RECEIVING TODAY, EXCEPT THAT WE REMOVE THE $500 STIPEND AND PUT THAT INTO THE SALARY. ALRIGHT, IS THERE ANY DISCUSSION? NOPE. PUBLIC HEARING MAYOR? OH, YEAH, THERE, I'D LIKE TO OPEN THE, THE HEARING IF ANYBODY WOULD LIKE TO COME UP AND SPEAK. DIANE HARBAUGH. . I'M JUST KIDDING. SHE WAS AHEAD OF THE CONVERSATION COMMITTEE. OH. UH, I WAS ABOUT TO CALL YOU COUNCIL MEMBER. KENNETH ROCHA. KENNETH ROCHA, HOMETOWN. KYLE DISTRICT CORPS. UM, SO THIS WAS A RECOMMENDATION THAT'S BEFORE Y'ALL. AND I KNOW ONE OF THE BALANCES WAS A FAIR COMPENSATION THAT WOULD NOT DETER PEOPLE FROM WANTING TO PARTICIPATE IN LOCAL GOVERNMENT. UM, I THINK IT'S FAIR, AND I THINK THAT IT'S IMPORTANT THAT WE HONOR WHAT OUR, UH, COMMISSION AND COMMITTEE MEMBERS HAVE RECOMMENDED. UM, BUT YOU'RE THE ONES IN THE SEATS. YOU'RE THE ONE THAT TAKE HOME THE WORK, THAT DIGEST THE INFORMATION, THAT HAD THE CORRESPONDENCE WITH STAFF. SO IT'S CRITICAL THAT IT'S, IT'S FAIR FROM Y'ALL'S PERSPECTIVE AS WELL. BUT AS A COMMUNITY MEMBER AND SOMEBODY WHO IS DESIRING TO BE ON THE BENCH ONE DAY, UM, I THINK IT'S FAIR. AND I DON'T THINK IT CREATES A DETERRENT. THANK YOU. YOU BET. ALL RIGHT. UM, NEXT. DIANE HARBAUGH, I THINK THE COMMISSION WOULD LIKE FOR YOU GUYS TO KNOW ALSO IS THAT WE TOOK, WE LOOKED AT THE SEAT, WE DIDN'T LOOK AT THE PERSON WHO'S IN THE SEAT CURRENTLY, OR FU OR WHO WE THOUGHT MIGHT BE BECOMING IN THE FUTURE. SO WE THINK THIS IS A FAIR, UM, ASSESSMENT AND WE HOPE THAT YOU FEEL FOR IT. THANK YOU. WELL, THANK YOU FOR YOU AND YOUR SERVICE AND FOR THE SERVICE OF EVERYBODY ON THAT COMMITTEE. YOU GUYS TOOK YOUR JOB SERIOUSLY. WE DID. THANK YOU. THANK YOU. ALL RIGHT. SO DO WE HAVE A MOTION? OH, WAIT, SORRY. YES. I, I HAVE TO CLOSE THE HEARING. FIRST CUT. OKAY. UH, HEARING'S CLOSED. NOW. DO WE HAVE A MOTION? I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 13. 13. 13 SECOND. ALL RIGHT. I HAVE A MOTION BY COUNCIL MEMBER SATA AND A SECOND BY MYSELF. HEY, SOMETIMES I DO THAT BECAUSE I NEED PEOPLE TO START MAKING MOTIONS OTHER THAN ME, AND IT'S KIND OF A COMFORT ZONE. AND SO THE MORE YOU DO IT, THE EASIER IT BECOMES. UM, SO GOOD JOB. COUNCIL MEMBER SADA, DO WE HAVE A MOTION BY HER? AND A SECOND BY MYSELF. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? OKAY. MOTION PASSES. SEVEN ZERO. THANK YOU. [02:40:01] ALL RIGHT. THANK YOU. ALL RIGHT. UP NEXT [14) (First Reading) Consider approval of an Ordinance (Budget Amendment #3) amending the City’s approved budget for FY 2025-2026 by increasing total appropriations in an amount not to exceed $314,600.00 from the City's Engineering Services Capital Outlay Fund balance for the Marketplace Waterline project.] WE HAVE AGENDA ITEM 14. IT'S A FIRST READING. CONSIDER. WELL, SINCE THAT WAS THE SECOND, THAT WAS THE SECOND THAT'S FINALLY PASSED, RIGHT? YES. OKAY. ALL RIGHT. SO WE HAVE GEN ITEM 14. CONSIDER APPROVAL OF AN ORDINANCE, A BUDGET AMENDMENT THREE, AMENDING THE CITY'S APPROVED BUDGET FOR FISCAL YEAR 25 26 BY INCREASING TOTAL APPROPRIATIONS AND AN AMOUNT NOT TO EXCEED 314,000 FROM THE SYDNEY'S CITY'S ENGINEERING SERVICE. CAPITAL OUTLAY FUND BALANCE FOR THE MARKETPLACE. WATER WATERLINE PROJECT ITEM PRESENTER, HOLLY HOLT TORRES. GOOD EVENING MAYOR. MAYOR PROTIME COUNCIL. HOLLY HOLT TORRES, ASSISTANT DIRECTOR OF FINANCE. UM, I, UH, THIS EVENING I HAVE THE SORT OF ADMINISTRATIVE FUNCTIONS OF BUDGET AMENDMENTS NUMBER THREE AND NUMBER FOUR, BEFORE YOU, I WILL READ THEM IN DETAIL FOR THE RECORD BEFORE YOU TONIGHT ARE BUDGET AMENDMENTS NUMBER THREE AND NUMBER FOUR FOR FISCAL YEAR 20 25, 26. ON BEHALF OF KYLE WATER UTILITIES, BOTH BUDGET AMENDMENTS BEFORE YOU TONIGHT ARE ADMINISTRATIVE IN NATURE AND ENSURE THAT THE FY 20 25, 26 BUDGET ACCURATELY REFLECTS COUNCIL'S PRIOR ACTIONS. AS A REMINDER, THESE AMENDMENTS DO NOT REPRESENT NEW REQUESTS FOR SERVICES, NOR DO THEY REPRESENT NEW POLICY DECISIONS. RATHER, THEY APPROPRIATE FUNDING NECESSARY TO IMPLEMENT ACTIONS PREVIOUSLY APPROVED BY CITY COUNCIL. I AM BEFORE YOU THIS EVENING AND WILL RETURN EACH BUDGET AMENDMENT TO IDENTIFY FUNDING SOURCES AND FORMALLY AND PROPERLY AMEND THE FISCAL YEAR 20 25, 26. BUDGET ACCORDINGLY. FOR THE RECORD, BUDGET AMENDMENT NUMBER THREE, APPROPRIATE $314,600 AND 0 CENTS FOR THE MARKETPLACE WATERLINE PROJECT. THE MARKETPLACE AVENUE WATERLINE PROJECT WAS IDENTIFIED IN THE 2025 WATER MASTER PLAN AS ONE OF THE PROJECTS NECESSARY FOR IMPROVED WATER PRESSURE IN THE DOWNTOWN AREA. AS PART OF THE MARKETPLACE AVENUE WATERLINE PROJECT. ON NOVEMBER 18TH, 2025, COUNCIL APPROVED INSTALLATION OF 1200 LINEAR FEET OF 12 INCH WATERLINE ALONG MARKETPLACE AVENUE. THIS PROJECT IS CURRENTLY ENCLOSED OUT PHASE AND WAS COMPLETED UNDER THE PUA FOR WATERLINE EASEMENT AREA APPROVED BY COUNCIL. ON JANUARY 21ST, 2025, THE CITY ENGAGED WITH THE PROPERTY OWNERS TO ACQUIRE 23,335 SQUARE FEET, OR 0.5357 ACRES AS A WATERLINE EASEMENT TO SUPPORT THE CONSTRUCTION OF THE MARKETPLACE. WATERLINE PROJECT PROJECT. THE PROPERTY OF INTEREST IS LOCATED ALONG MARKETPLACE AVENUE, AND THE PURCHASE AMOUNT IS $310,600 AND 0 CENTS, PLUS AN ESTIMATED $4,000 AND 0 CENTS FOR REASONABLE CLOSING COSTS. CITY STAFF IS REQUESTING AN AMENDMENT TO THE APPROVED CIP BUDGET FOR FISCAL YEAR 20 25, 26. IN ORDER TO COMPLETE THIS PROJECT, THIS AMENDMENT PROVIDES THE BUDGET AUTHORITY NECESSARY TO FUND THE AMOUNT ALREADY APPROVED BY COUNCIL. SPECIFICALLY, THIS AMENDMENT APPROPRIATES $314,600 AND 0 CENTS IN FISCAL YEAR 20 25, 26, FUNDING THROUGH THE WATER IMPACT FEE FUND. THIS ACTION DOES NOT INCREASE THE PREVIOUSLY APPROVED AUTHORIZATION. IT ONLY APPROPRIATE THE FUNDING NECESSARY TO CARRY OUT COUNCIL'S DIRECTION. STAFF RECOMMENDS APPROVAL OF BUDGET AMENDMENT NUMBER THREE. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 14, . MIGHT AS WELL KEEP ON GETTING IT ROLLING, YOU KNOW? OKAY. YEAH, I, I'M GONNA SECOND THAT. SOMETIMES I FEEL BAD 'CAUSE THESE THINGS ARE LIKE NEEDED AND YOU HAVE TO GO THROUGH THOSE ANYWAYS. YOU DO. SO I HAVE A MOTION BY COUNCIL MEMBER AND A SECOND BY MYSELF. IS THERE ANY DISCUSSION? MCKINNEY? OKAY. COUNCIL MEMBER MCKINNEY. UH, THANK YOU. I JUST WANT TO CLARIFY, THE, THE FUNDING FOR THIS IS COMING FROM THE WATER IMPACT FEES, CORRECT? THAT'S CORRECT, SIR. OKAY. THAT WAS MORE OF THE QUESTION. THANK YOU. ALL, ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? OKAY. MOTION PASSES. SIX ZERO. THANK YOU. THANK YOU, MA'AM. UM, NEXT WE HAVE AGENDA [15) (First Reading) Consider approval of an Ordinance (Budget Amendment #4) amending the City's approved budget for FY 2025-2026 by increasing total appropriations in an amount not to exceed $298,773.03 from the City's Wastewater Utility Fund balance for sludge hauling services.] ITEM 15. UH, CITY CONSIDER APPROVAL OF AN ORDINANCE BUDGET AMEND NUMBER FOUR FOR AMENDING THE CITY'S APPROVED BUDGET FOR FISCAL YEAR 25 26 BY INCREASING TOTAL APPROPRIATIONS IN AN AMOUNT NOT TO EXCEED $298,733 AND 3 CENTS FROM THE CITY'S WASTEWATER UTILITY FUND BALANCE FOR SLUDGE HAULING SERVICES. ITEM PRESENTER, HOLLY HOLT TORRES. THANK YOU MAYOR. MAYOR PROAM. COUNCIL HOLLY HOLT TORRES. AGAIN, UH, ASSISTANT DIRECTOR OF FINANCE. UM, FOR THE RECORD, BUDGET AMENDMENT NUMBER FOUR, APPROPRIATE A TOTAL OF $298,773 AND 3 CENTS FOR SLUDGE HAULING SERVICES. ON FEBRUARY, 2025, CITY COUNCIL AWARDED CONTRACT TO K THREE RESOURCES LP DOING BUSINESS AS K THREE BMI FOR SLUDGE HAULING SERVICES. ON AUGUST 4TH, 2026, CITY COUNCIL APPROVED THE AMENDMENT OF THE CONTRACT WITH K THREE RESOURCES LP DOING BUSINESS AS K THREE BMI TO REMOVE THE ANNUAL OPTION PERIODS IN THE CONTRACT FOR SLEDGE HAULING SERVICES. DUE TO AN INCREASED VOLUME OF SOLID PRODUCED AT THE CITY'S WASTEWATER TREATMENT PLAN, [02:45:01] THE CONTRACT AMENDMENT DID NOT INCREASE THE AMOUNT OF THE COUNCIL APPROVED CONTRACT AWARDED OF $1,375,000 AND 0 CENTS. SPECIFICALLY, THIS AMENDMENT APPROPRIATES $298,773 AND ZERO AND 3 CENTS IN FISCAL YEAR 20 25 26 FUNDING THROUGH THE WASTEWATER UTILITY FUND BALANCE. AGAIN, THIS AMENDMENT DOES NOT SEEK ADDITIONAL AUTHORIZATION BEYOND WHAT COUNSEL HAS APPROVED. IT SIMPLY ESTABLISHES THE BUDGET AUTHORITY NEEDED TO FUND THOSE PREVIOUSLY APPROVED SERVICES. STAFF RECOMMENDS APPROVAL OF BUDGET AMENDMENT NUMBER FOUR. ALL RIGHT. ZERO. ANY DISCUSSION I HAD LIKE TO MAKE A MOTION TO APPROVE. AGENDA ITEM NUMBER 15. SECOND. ALL RIGHT. I GOT A MOTION BY COUNCIL MEMBER SATA AND A SECOND BY MYSELF. ANY OTHER DISCUSSION? ALL IN FAVOR SAY AYE. AYE. THANK YOU. OPPOSED PASSES. SEVEN ZERO. MAYOR, REAL QUICK, WOULD WE LIKE TO RECONSIDER ITEM 14 BECAUSE IT PASSED SIX TO ZERO AND IT WOULD HAVE TO COME BACK NEXT WEEK. AND NOW WE HAVE SEVEN ON THE DA. YEAH, THAT WOULD BE, THAT WOULD WORK FOR ME. DO, DO WE WANNA, HOW DO WE DO THAT? WE WOULD DO A MOTION TO RECONSIDER AND RECONSIDER AND TAKE THE VOTE AGAIN. OKAY. COUNCIL MEMBER S SPOTA, WOULD YOU BE OKAY WITH RECONSIDERING YOUR VOTE SO WE COULD, 'CAUSE WE HAVE SIX ZERO TO MAKE IT PASS. OKAY. GO AHEAD. YOU JUST HAVE TO RECONSIDER IT. JUST DO A MOTION TO RECONSIDER. MOTION TO, SORRY, I COULDN'T TURN IT ON. MOTION TO RECONSIDER. AGENDA ITEM NUMBER 1614. SECOND. OKAY, SO THIS IS A VOTE TO RECONSIDER. UM, I WAS A MOTION BY COUNCIL MEMBER SATA SECOND BY MYSELF. UM, ANY DISCUSSION? ALL IN FAVOR SAY AYE. A OPPOSED AYE. ALL RIGHT. IT, UH, THE MOTION TO RECONSIDER HAS, UH, BEEN APPROVED AND NOW YOU CAN DO A MOTION TO, OKAY. NOW MAKE A MOTION TO APPROVE AGENDA ITEM NUMBER 14. SECOND. ALL RIGHT. SO WE HAVE A MOTION BY COUNCIL MEMBER SPOTA, A SECOND BY MYSELF. AN AGENDA ITEM 14. IS THERE ANY DISCUSSION? ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? OKAY. MOTION PASSES. SEVEN ZERO. THANK YOU, AMY FOR THAT. THANK YOU, MAYOR. ALL RIGHT. SO UP NEXT WE HAVE AGENDA [17) (First Reading) Consider approval of an Ordinance amending Chapter 50, Art III, Div II Water Use Management Policies, of the City of Kyle Code of Ordinances to selected section 50-87 adopting the City’s updated Water Conservation Plan. Public Hearing ] ITEM, I BELIEVE 17. YES. 17. UH, CONSIDER APPROVAL OF AN ORDINANCE AMENDING CHAPTER 50, ARTICLE THREE, DIVISION TWO, WATER USE MANAGEMENT POLICIES OF THE CITY OF KYLE, CODE OF ORDINANCES TO SELECTED SECTION 50 POINT, I MEAN 50 DASH 87, ADOPTING THE CITY'S UPDATED WATER CONSERVATION PLAN. THIS DOES HAVE A PUBLIC HEARING, AND THE ITEM PRESENTER IS GONNA BE MIKE MURPHY. THANK YOU MAYOR AND COUNCIL. MIKE MURPHY, DIRECTOR OF WATER UTILITIES. WE'VE GOT TWO ITEMS BEFORE, UH, BEFORE COUNCIL. UH, WE'VE GOT 17 AND 18 THAT YOU, I'M SURE YOU'RE VERY FAMILIAR WITH. UM, SO I'LL JUST KIND OF DIVE INTO IT AND WE'LL MAKE THIS GO REALLY QUICK, HOPEFULLY. SO, THE, UM, ON JULY 2ND, 2026, CITY STAFF PRESENTED A REPORT TO COUNCIL ON A PROPOSED UPDATE TO THE CITY'S WATER CONSERVATION PLAN AND RECEIVED COUNCIL'S FEEDBACK. THE PROPOSED WATER CONSERVATION PLAN UPDATES THE CITY'S LONG-TERM STRATEGY FOR PROMOTING EFFECTIVE WATER USE, REDUCING WATER LOSS, AND ENSURING, UH, SUSTAINABLE WATER SUPPLIES TO SUPPORT CONTINUED GROWTH. THE PLAN HAS BEEN DEVELOPED IN ACCORDANCE WITH TEXAS WATER DEVELOPMENT BOARD AND TEXAS COMMISSION OF ENVIRONMENTAL QUALITY REQUIREMENTS AND REFLECTS CURRENT UNITY. UH, WE'RE NOT READY TO GO YET. OH, SORRY. , I'M, I'M READING A PREAMBLE TO IT. UH, APPROVAL OF THE UPDATED WATER CONSERVATION PLAN WILL ENSURE CONTINUED COMPLIANCE WITH STATE REGULATIONS TO SUPPORT RESPONSIBLE STEWARDSHIP OF THE CITY'S WATER RESOURCES AND MEET FUTURE DEMANDS WHILE, UH, MAINTAINING RELIABLE SERVICE FOR RESIDENTS AND BUSINESSES. SO, I APPRECIATE, APPRECIATE MR. PERVEZ DOING THAT. , UH, HE'S LOOKING OUT FOR ME. I KNOW. SO, THE TEXAS WATER SUPPLIERS, RETAILERS WITH 3,300 CONNECTIONS OR MORE, ALL WHOLESALERS SURFACE WATER RIGHT HOLDERS MUST ADOPT UPDATE EVERY FIVE YEARS AND SUBMIT DROUGHT CONTINGENCY PLANS, UH, TO THE TCEQ AND WATER CONSERVATION PLANS. TO, UM, WCP AND TO TCEQ. A LOT OF LETTERS, UH, AND TEXAS WATER DEVELOPMENT BOARDS STRATEGIC DOCUMENT, UTILIZING THE BEST MANAGEMENT PRACTICES YEAR ROUND TO REDUCE CON CONSUMPTION, WASTE LOSS, IMPROVING EFFICIENCY AND USAGE. THEY INCLUDE FIVE YEAR AND 10 YEAR TARGETS FOR SAVING WATER LOSS MANAGEMENT AND CONSERVATION EDUCATION. THE WCP GIVES THE CITY OF KYLE, UM, A COMPREHENSIVE PLAN TO IMPLEMENT AND MONITOR WATER CONSERVATION EFFORTS. COUNCIL LAST APPROVE AMENDMENTS TO THE CITY'S WATER CONSERVATION PLAN. ON APRIL 2ND, 2024, STAFF PRESENTING COUNCIL WERE PROPOSED THAT DATES TO THE WATER CONSERVATION PLAN ON, UH, 7 2 20 26 AND RECEIVED FEEDBACK. THE PURPOSE OF THIS HEARING IS TO PROVIDE COMMUNITY WITH AN OPPORTUNITY TO COMMENT ON PROPOSED AMENDMENTS TO THE ORDINANCE IN TCQ [02:50:01] AND REQUIRES PUBLIC HEARINGS IN COURT WITH, UM, 30 TAC, CHAPTER 2 88 0.20 A ONE A. SO UPDATED FIVE AND 10 YEAR CONSERVATION GOALS AND GALLONS PER CAPITA PER DAY. UM, UPDATED INFORMATION ABOUT OUR WATER CONSERVATION PROGRAM AND IDENTIFIES AND DEFINES CURRENT BEST MANAGEMENT PRACTICES. AND THIS IS A CHART THAT WE SHOWED YOU THAT LAST TIME WE WERE HERE WHEN WE WENT THROUGH THIS. UM, PROBABLY WON'T GO THROUGH THIS WHOLE THING AGAIN, BUT IT'S A WATER CONSERVATION PLAN. UPDATED FIVE TO 10 YEAR CONSERVATION GOALS AND GALLONS PER CAP PER DAY, AND PROVIDES A STANDARD METRICS TO MEASURE OUR UTILITIES AND WATER CONSERVATION EFFORTS. AND THEN WE HAVE A FIVE YEAR PROPOSED GOAL, A 10 YEAR PROPOSED GOAL, AND THEN UPDATED INFORMATION ABOUT OUR WATER CONSERVATION PROGRAM. UH, UM, WE'RE, WE'RE USING LEAK DETECTION, A MI, WHICH WE ARE PLANNING OUT TO UN UH, TO ROLL OUT AT THE END OF THIS MONTH. UH, WATER LOSS TRACKING AND PUBLIC, UH, OUTREACH. IT IDENTIFIES AND DEFINES CURRENT BEST MANAGEMENT PRACTICES AND WATER CONSERVATION COORDINATOR, REUSE AND DEBATE PROGRAMS OR REBATE PROGRAMS. SO OBVIOUSLY, UM, STAFF IS RECOMMENDING APPROVAL OF THIS. UM, UM, AND APPROVE THE WATER CONSERVATION PLAN ORDINANCE SUBMITTED BY COUNCIL AS OPTION NUMBER TWO. AND OPTION NUMBER THREE IS TO JUST, UH, DO NOT APPROVE, BUT WE'RE RECOMMENDING OPTION NUMBER ONE. I'VE GOT BLAKE NENDO WITH ME TO THIS EF UH, THIS EVENING TO, AND HE AND I HOPEFULLY, IF YOU HAVE ANY QUESTIONS, WE'LL BE GLAD TO ANSWER 'EM. I WILL. I AM HAPPY TO SAY THAT WE DIDN'T RECEIVE ANY COMMENTS ON OUR WATER CONSERVATION PLAN, WHICH TELLS ME DID A, WE DID A REALLY GOOD JOB PRESENTING IT TO YOU THE FIRST TIME. SO, ALRIGHT, THIS ITEM DOES HAVE A HEARING. WOULD ANYBODY LIKE TO COME UP AND SPEAK? MR. KENNETH ROCHA? GOOD EVENING AGAIN. KENNETH ROCHA, DISTRICT FOUR. AND SO, UM, I DON'T HAVE ANY OBJECTION TO THE PLAN ITSELF, BUT IN THE CONVERSATIONS OVER THE PAST SEVERAL MONTHS, WE'VE TALKED ABOUT THE A MI SMART METERING SYSTEM. WHAT HAS COME UP BEFORE IS THIS PHANTOM METERING ISSUE, RIGHT? AND SO I KNOW WHEN I, WHEN YOU LOOK UP, IT SAYS, AND IT WAS IN THE PRESENTATION, THE CITY OF KYLE WATER UTILITIES DEPARTMENT MAINTAINS THE ADVANCED METERING INFRASTRUCTURE INFRASTRUCTURE, A MI SMART WATER METERS. RESIDENTS DO NOT OWN OR SERVICE THE METERS THE CITY MANAGES THE DIGITAL INFRASTRUCTURE, DATA READING AND SYSTEM UPKEEP AND PROVIDES CUSTOMER USE IS TRACKING VIA THE WATER SMART CUSTOMER PORTAL. SO WHAT I HEAR IS A THEME OF, UH, ACCURACY, RIGHT? AND SO IF WE'RE, AS A RESIDENT, IF I'M RELYING ON THE CITY TO HELP ME WITH TRACKING, BUT THERE IS A SYSTEM MALFUNCTION, THEN IT, OBVIOUSLY, THERE'S SOME, UH, A GAP FOR ERROR. AND SO MY QUESTION, EVEN THOUGH IT SAYS IT'S PART OF THE UTILITIES TO MONITOR AND THE INFRASTRUCTURE ITSELF, IS HAVE WE SEEN A PATTERN OF, UM, FAULTY SOFTWARE OR A FAULTY ACTUAL DEVICES? AND IF THAT'S THE CASE, WHAT HAS BEEN THOSE IMPACTS? HAVE WE HAD TO ADJUST BILLS BECAUSE OF THAT ERROR OR THAT SYSTEM OF FAILURE? UM, AND THAT'S APART FROM THE SOFTWARE ACTUALLY DETECTING A SITUATION ON THE RESIDENT SIDE. AND SO WE KNOW WE LIKE TECHNOLOGY AND SOFTWARE TO WORK TO OUR BENEFIT, BUT SOMETIMES IT DOESN'T. RIGHT? AND SO MY HOPE WAS TO ALSO DELIVER THE TRANSPARENCY OF THE FUNCTIONALITY OF THE DEVICES THEMSELVES AND HOW OPERATIONALLY WE'RE ADJUSTING THAT TO COINCIDE WITH OUR CONSERVATION PLAN. THANK YOU. THANK YOU. WOULD ANYBODY ELSE LIKE TO COME UP AND SPEAK? STATE YOUR NAME. UH, TRACY SHIELD. UM, AND AS A MEMBER OF THE BOARD OF TRUSTEES FOR THE, UH, COUNTY ALLIANCE SPECIALTY UTILITY DISTRICT CANYON REGIONAL WATER AUTHORITY AND ALLIANCE REGIONAL WATER AUTHORITY. I WOULD LIKE TO COMMEND OUR, UH, WATER DEPARTMENT AND OUR CONSERVATION DEPARTMENT BECAUSE, UM, WATER CONSERVATION , IT IS WHAT IT IS AND IT IS VERY MUCH NEEDED. AND SO I WANNA COMMEND THEM ON THEIR WORK. SO THANK YOU. THANK YOU. ALL RIGHT. WOULD ANYBODY ELSE LIKE TO COME AND SPEAK? SCENE NINE. I'M GONNA CLOSE THE HEARING. ALL RIGHT. COMING BACK UP. [02:55:03] ALL RIGHT, SO THAT CLOSES OUT. DO YOU WANT ME TO GO INTO THE NEXT ONE OR YOU WANT, YOU GUYS WANT TAKE, IS IT OKAY IF HE DOES THE NEXT ONE TOO? WE CAN, OR SHOULD WE VOTE SEPARATE THAT, THAT'S UP TO COUNCIL? I THINK WE SHOULD PROBABLY TAKE A VOTE. OKAY. AT A TIME. ALRIGHT. WELL, I DO WANNA JUST, UM, ADDRESS, YOU KNOW, THAT ONE CONCERN, WHICH IS, DO WE HAVE POLICIES AND PROCEDURES TO FIGURE OUT, LIKE IF THERE, IF THERE ARE ISSUES LIKE HOW THAT WORKS OR, UM, DONE ANY RESEARCH TO FIGURE OUT WHAT KIND OF ISSUES THESE A MI METERING MIGHT HAVE? YEAH. SO, UM, METER, METER READING IS PROBABLY ONE OF THE MOST SIMPLE, UM, MECHANICAL DEVICES WE USE IN OUR BUSINESS. IT DOESN'T REALLY WORK UNTIL WATER GOES THROUGH IT. NOW THERE ARE, THERE ARE SOME, SOME EXAMPLES OF THE WATER METER BREAKING DOWN AND THEN THE HOMEOWNER WILL KNOW IT VERY QUICKLY AND THEN THEY, THEY'LL REPORT IT TO US AND WE'LL GO OUT, WE'LL REPLACE THEIR METER AND THEN WE'LL LOOK AT THEIR, THE REPLACEMENT METER OR THE, THE METER THAT WE TOOK OUT. AND THEN WE'LL TAKE IT BACK TO THE SHOP AND WE'LL EVALUATE IT. AND IF IT SHOWS AN ERROR AND IT LOOKS LIKE THE ERRORS ON OUR SIDE, WE'LL WE'LL DO A REIMBURSEMENT PROGRAM FOR THE, FOR THE DEVELOP OR FOR THE HOMEOWNER OR THE, THE, THE BUSINESS. SO WE HAVE THAT ALL IN PLACE. I MEAN, WE'RE, WE'RE DOING IT ALL. THIS IS IS JUST A, LIKE THE GENTLEMAN SAYING, THIS IS JUST A, A MORE TECHNICAL, UH, ADVANCED, UH, WAY OF READING. MADE IT VERY ACCURATE. IT'S USED ALL OVER THE COUNTRY. AND SO WE FEEL REALLY GOOD ABOUT IT. AND, AND WE WILL, WE'LL ADDRESS IT LIKE WE DO RIGHT NOW. WE, WE, WE TRY TO PROVIDE REALLY TOP-NOTCH CUSTOMER SERVICE TO OUR CITIZENS. AND SO I DON'T SEE THAT CHANGING AT ALL. OKAY. AND IT, AND IT ALSO, LIKE A LOT OF THESE PEOPLE WHO ARE REPORTING, YOU KNOW, UM, HIGH, HIGH WATER BILLS BECAUSE OF THIS, WE CAN, WE CAN, UM, ONCE WE ROLL THIS OUT, THEY CAN GO AND LOOK AT THEIR WATER METER SYSTEM. THEY CAN LOOK AT HOW MUCH WATER THEY'RE USING FOR IRRIGATION, WHICH IS PROBABLY THREE OR FOUR MORE TIMES WHAT THEY THINK IT IS, WHAT THEY'RE ACTUALLY USING. AND SO IT'S AN EDUCATION OPPORTUNITY FOR THAT TO HELP US ON WATER CONSERVATION. SO WE SEE THIS AS A, A REALLY IMPORTANT TOOL ONCE WE ROLL IT OUT. OKAY. AND THEY'LL BE ABLE TO SEE IT REAL TIME TOO, CORRECT? YEAH, WE'LL THE CUSTOMER, THEY'LL BE ABLE TO SEE IT REAL TIME. THEY'LL BE ABLE TO TELL WHEN THEIR SPRINKLER IS RUNNING. THEY'LL BE ABLE TO TELL IF THEIR METER IS RUNNING, BUT EVERYTHING IS TURNED OFF IN THEIR HOUSE. AND SO THAT, THAT CAN ONLY MEAN PROBABLY ONE OF TWO THINGS. EITHER YOU HAVE A LEAKING TOILET OR YOU GOT A LEAK OUT ON YOUR SYSTEM SOMEWHERE. OKAY. AND WHEN WAS IT SUPPOSED TO ROLL OUT? SO WE'RE GOING, WE'RE WORKING RIGHT NOW WITH ALLISON, UH, KELLY AND HER DEPARTMENT. WE'RE HOPING TO ROLL IT OUT THE LAST WEEK OF THIS MONTH. ALRIGHT. THAT'S THEIR PLAN RIGHT NOW. ALRIGHT, WELL, WITH THAT I'D LIKE TO MAKE, UH, A MOTION TO APPROVE AGENDA ITEM 17 SECOND. CAN I GET A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR DISCUSSION PLEASE. OKAY. I THOUGHT WE DID. NO. OKAY. I WAS, I DON'T THINK THAT WE DID. I THINK IT JUST STARTED SPEAKING. UM, BUT I THINK I JUST HAVE SOME CONCERNS. UM, THE ONLY PLACE THAT WE TALK ABOUT, UH, CLIMATE RESILIENCE OR CLIMATE CHANGE, PEOPLE ARE SCARED OF USING THE TERMINOLOGY CLIMATE CHANGE. THEY CALL IT CLIMATE RESILIENCE NOW. MM-HMM . UM, AND WE DON'T EVEN SAY CLIMATE RESILIENCE. WE SAY LIKE, WE NEED TO CONSIDER THE RESILIENCY OF A CLIMATE. UM, THE ONLY TIME THAT WE TALK ABOUT THAT IS IN OUR DROUGHT CONTINGENCY PLAN, BUT IT'S NOT TALKED ABOUT IN OUR CONSERVATION PLAN, AND IT'S NOT TALKED ABOUT IN OUR WATER MASTER PLAN EITHER. HOWEVER, WHEN I THINK OF CONSERVATION, ONE OF THE FIRST THINGS THAT I THINK ABOUT IS, WELL, CLIMATE RESILIENCE, CLIMATE CHANGE. I WANT US TO DOCUMENT HOW IT IS THAT WE'RE TAKING THESE THINGS INTO CONSIDERATION AS WE DEVELOP OUR PLANS. UM, IN ADDITION TO THAT, UM, WE ARE ALSO, WE DON'T TALK ABOUT WAYS IN WHICH GREEN INFRASTRUCTURE CAN BE UTILIZED OR SHOULD BE ENCOURAGED OR RECOMMENDED EVEN MOVING FORWARD WITH HOW THE CITY CONTINUES TO BUILD OUT. UM, AND WHEN I THINK ABOUT CONSERVATION, I THINK ABOUT HOW THE CITY CAN START TAKING THE LEAD AND SHOWING OTHERS HOW WE CAN, UH, CREATE MORE CONSERVATION EFFORTS. MM-HMM . UM, AND SO I'M JUST WONDERING IF THAT WAS A DISCUSSION THAT HAD OCCURRED, AND IF SO, WHAT HAPPENED AND WHY WASN'T ANY OF THAT INCLUDED IN, IN THESE PLANS? HMM. SO THAT'S A, THAT'S A REALLY GOOD QUESTION. I DON'T REALLY KNOW THE COMPLETE ANSWER TO IT OTHER THAN WE, YOU MET JESSICA AT OUR LAST PRESENTATION, THE YOUNG LADY THAT PRESENTED THE WATER CONSERVATION PLAN AND WHAT WE'RE TRYING TO DO IT, SOME OF THE THINGS THAT WE PUT OUT AS A PROTOTYPE EFFORT DIDN'T, DIDN'T RE UH, RETURN THE, UM, THE RESULTS THAT WE WERE LOOKING FOR. WE DID THE RAIN BARREL PROGRAM, UM, AND THEN WE DID THE, UM, UH, THE LAWN PROGRAM WHERE WE PAID TO HELP, UM, OFFSET SOME COSTS ABOUT GOING TO DROUGHT, UM, UM, DROUGHT RESISTANT PLANTINGS FOR HOUSES AND STUFF LIKE THAT. WE JUST DIDN'T GET ENOUGH, UM, UM, PEOPLE [03:00:01] PARTICIPATING IN THAT. SO THOSE ARE A COUPLE OF THINGS THAT WE'RE DOING. THERE'S JUST NOT A WHOLE LOT ON OUR SIDE OF THE TABLE AS FAR AS AS CLIMATE CONTROL OR CLIMATE CHANGE THAT THE WATER HAS AN IMPACT ON OTHER THAN MAYBE RAINWATER HARVESTING. I KNOW JUST THIS WEEKEND, UH, ON MY HOUSE, I PUT, UM, A DEVICE THAT COULD HARVEST THE, UM, UH, THE CONDENSATE WATER COMING OFF OF YOUR AIR CONDITIONER TO KEEP THE FOUNDATION. SO THERE, THERE ARE THINGS THAT WE CAN DO. UM, BUT WE'RE CONTINUING TO GROW OUR PROGRAM RIGHT NOW WITH JESSICA. AND WHAT WE'RE PROPOSING TO DO IS, UM, AND I DON'T KNOW IF THIS ANSWERS YOUR QUESTION, BUT WE ARE, WE'RE GONNA BE WORKING DIRECTLY WITH ALL THE HOMEOWNERS ASSOCIATIONS RIGHT NOW BECAUSE SOME OF THE THINGS THAT WE HEARD FROM THE SIX CREEKS GROUP WAS THAT THEIR HOMEOWNERS ASSOCIATION WAS MAKING THEM WATER THEIR YARD AS PART OF THEIR HOMEOWNERS ASSOCIATION. AND TEXAS STATE LAW FORBIDS THAT IN, IN TIMES OF DROUGHT RESTRICTIONS. SO THOSE ARE SOME OF THE TOOLS THAT WE WOULD ARM THEM WITH THAT WOULD HELP A LITTLE BIT, BUT NOT A WHOLE LOT. MM-HMM . AND I APPRECIATE THAT. I WASN'T, I'M NOT REALLY TALKING ABOUT IN REGARDS TO PROGRAMS THAT WE CREATE. YEAH. I'M TALKING ABOUT HOW JUST THE CONCEPTS OF CLIMATE CHANGE AND CLIMATE RESILIENCE IMPACT HOW IT IS THAT WE MOVE FORWARD IN THESE PLANS. YEAH. HOW IT AFFECTS OUR OVERALL GUIDING METHODOLOGY. HOW IT IMPACTS WHAT PROGRAMS WE CONSIDER, WHAT WE DON'T CONSIDER, HOW IT IS, HOW IT AFFECTS HOW WE GROW MM-HMM . UM, IN THE FUTURE. AND YEAH, I DON'T SEE ANY OF THAT BEING DISCUSSED. LIKE I SAID, IT'S NOT IN OUR WATER MASTER PLAN. IT'S NOT IN HERE. AND WE MENTIONED IT VERY BRIEFLY ONCE IN THE DROUGHT CONTINGENCY PLAN. UM, BUT I THINK IF ANYTHING, AS THE YEARS GO ON, WE'RE SHOWING THAT TIME IS OF THE ESSENCE, UM, IN TERMS OF US NEEDING TO REALLY TAKE INTO CONSIDERATION, UM, LARGER GLOBAL CHANGES AND IMPACTS AND HOW THAT CAN CHANGE THE CLIMATE OF KYLE, WHAT WE EXPECT, WHERE WE DRAW OUR WATER FROM AS WELL. 'CAUSE IT'S NOT JUST LIKE ALL THE WATERS JUST HERE. YEAH. UM, SO I, I DON'T KNOW IF THERE IS A WAY IN WHICH WE CAN INCLUDE, UM, JUST A SECTION THAT EXPLAINS YES, THESE ARE LIKE REAL CONCEPTS AND WE TAKE THEM INTO CONSIDERATION AS WE PLAN AND MOVE FORWARD. UM, AND I, I, I JUST, I THINK THAT CODIFYING THAT IN OUR PLANS IS EXTREMELY IMPORTANT. OKAY. UM, AND IF THERE'S ANY WAY TOO THAT WE CAN INCLUDE AN AREA THAT, UH, UH, ENCOURAGES, I KNOW THAT WE CAN'T MANDATE IT, BUT ENCOURAGES LIKE GREEN INFRASTRUCTURE AS FAR AS LIKE WHEN THE CITY BUILDS. RIGHT. UM, I THINK THAT'S SOMETHING THAT'S GONNA BE REALLY IMPORTANT FOR US MOVING FORWARD. UM, AND IF IT'S LISTED IN OUR PLANS, IT'S A LOT EASIER FOR US TO SIT UP HERE AND THEN JUSTIFY THAT AND EXPLAIN IT TO INDIVIDUALS. UM, BECAUSE I THINK A LOT OF THE TIMES WHEN THESE PLANS ARE DRAWN UP, THEY'RE VERY, VERY LIKE BROAD AND VERY, VERY VAGUE MM-HMM . UM, AND I UNDERSTAND THAT'S THE INTENTION OF LIKE A, A PLAN SUCH AS THIS. UM, BUT IT ALSO CREATES, UM, I THINK A LACK OF COMMUNICATION AND CLARITY SOMETIMES ON WHAT EXACTLY OUR PLANS ARE MM-HMM . UM, AND SO I'M NOT SURE IF THAT THERE'S WAYS THAT WE CAN JUST TAKE THOSE TWO THINGS INTO CONSIDERATION AND UPDATE EM. WE CAN DEFINITELY LOOK AT 'EM, NO QUESTION. WE CAN LOOK AT 'EM. AND THE, JUST KEEP IN MIND THAT THESE DOCUMENTS THAT WE'RE ASKING YOU TO APPROVE TONIGHT, THE WATER CONSERVATION AND THE DROUGHT CONTINGENCY PLAN ARE BOTH LIVING DOCUMENTS. MM-HMM . THEY'RE VERY DYNAMIC. THEY'RE NOT STATIC. IT'S JUST NOT, WE'RE NOT JUST GONNA SIT ON IT FOR FIVE YEARS. WE'RE GONNA CONTINUE TO WORK ON IT AND IMPROVE IT AND, YOU KNOW, THAT'S SOMETHING WE CAN WORK ON TOGETHER. I MEAN, IF, IF WE'VE GOT SOMETHING IN MIND, IF YOU'VE SEEN A, ANOTHER CITY THAT IS USING THEIR DROUGHT CONTINGENCY PLAN, UM MM-HMM . FOR THAT, WE, WE'LL DEFINITELY BE HAPPY TO LOOK AT THAT. OKAY. YEAH. I, OR WATER CONSERVATION PLAN, I MEAN YES. NO, AND I APPRECIATE THAT. LIKE I SAID, I JUST WANNA MAKE SURE THAT WE'RE INCLUDING THAT AS AN OVERALL GUIDING FACTOR AND THAT WE'RE STATING THAT CLEARLY. YEAH. SO THANK BLAKE. I'LL JUST ADD ON TO THAT. I THINK WHERE, WHERE WE END UP HAVING, UM, A GREATER IMPACT IF, IF THOSE CHANGES WERE DESIRED WOULD BE IN OUR UNIFIED DEVELOPMENT CODE, UH, FROM THE ACTUAL DEVELOPMENTS THAT DO COME IN, UH, I THINK IT'S GREAT TO ACKNOWLEDGE THAT WITHIN OUR PLANS, BUT ULTIMATELY WHERE THE RUBBER MEETS THE ROAD WOULD BE WITHIN THAT OUR UNIFIED DEVELOPMENT CODE, UM, STAYING ON TOP OF AND ADOPTING THE INTERNATIONAL PLUMBING CODE, WHICH ARE ALWAYS GAINING EFFICIENCIES. THAT'S HOW WE, WE CAN MAKE SURE THAT WE STAY ON TOP OF IMPROVING THOSE HOUSEHOLD EFFICIENCIES AND EVEN ON THE COMMERCIAL SIDE. UM, BUT AS FAR AS OUR PLANS GO, ULTIMATELY IT'S THE WATER. OUR WATER SUPPLY PLAN WOULD BE WHERE, UH, CLIMATE RESILIENCY AND WOULD HAVE THE GREATEST IMPACT ASSOCIATED WITH ANY PLANS THAT THE UTILITY DOES DO. 'CAUSE THAT DOES HAVE AN EFFECT ON, ON US, AND WE TAKE THAT INTO ACCOUNT. THAT'S WHERE YOU SEE THAT DIFFERENCE IN WHEN WE TALK ABOUT [03:05:01] THE FIRM MM-HMM . VERSUS WHAT WE HAVE ACTUALLY, UH, ALLOCATED OR PERMITTED SO THAT, THAT GETS IMPACTED. SO AS CLIMATE CONTINUES TO PROGRESS AND CHANGE, YOU KNOW, MAYBE WE'RE NOT GONNA HAVE AS, AS MUCH INFLOWS INTO THE, INTO THE LAKES AND OUR FIRM WATER MAY NOT BE WHAT IT IS TODAY IN, IN 30 OR 40 YEARS. SO THAT'S SOMETHING I THINK IN OUR WATER MASTER PLAN THAT, UH, WOULD BE MORE FITTING TO BE SEEN TOO. OKAY. YEAH. AND LIKE, I THINK JUST TO CREATE SOME SORT OF CONTINUITY BETWEEN ALL THE PLANS THAT WE HAVE, UM, I THINK WOULD ALSO BE HELPFUL. EVEN, LIKE I SAID, IT COULD JUST BE A SENTENCE SOMETHING, BUT JUST TO MAKE SURE THAT WE INCLUDE IT IN EACH OF OUR PLANS SO THAT WAY IT'S REITERATED TIME AND TIME AGAIN. UM, AND THEN I DO APPRECIATE BRINGING UP HOW WE CAN, UH, AMEND THE UDC IN ORDER TO CREATE SOME SORT OF LIKE, STRONGER ENFORCEMENT AROUND IT. UM, SO I APPRECIATE IT. THANK YOU. COUNCIL MEMBER HARRIS, JUST TO BACK UP, UM, WHAT BLAKE JUST SAID, I, I WAS GONNA SAY THAT BELONGS IN THE UDC PRIMARILY. UM, THE DEVELOPMENT CODES ARE BEING DONE PIECEMEAL AT THIS POINT BECAUSE WE NO LONGER ARE DOING THAT FULL CODE REVISION. UM, SO IT MAY BE THAT WE NEED TO ADDRESS, UM, THROUGH THE UGC, THE WATER CONSERVATION ISSUES, UM, THE USE OF ONE WATER, UM, YOU KNOW, IT'S BEEN, THAT HAS THAT PHRASE HAS BEEN MISUSED BY DEVELOPERS, UM, AS TO WHAT ONE WATER REALLY MEANS. UM, IT DOESN'T MEAN YOU DO ONE THING AND SAY YOU'VE DONE IT. UM, I WOULD REALLY LIKE TO HAVE SOME CHANGES IN THE DEVELOPMENT CODE RELATING TO BOTH COMMERCIAL AND RESIDENTIAL, UH, ESPECIALLY APARTMENTS WELL AND, AND REGULAR RESIDENTIAL THAT ENCOURAGE THE APPROPRIATE, UM, ADOPTION OF STANDARDS FOR BUILDING. ANY OTHER COMMENTS? RIGHT. THERE'S A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? AYE. OKAY. MOTION PASSES. SEVEN ZERO. UM, NEXT WE HAVE AGENDA ITEM [18) (First Reading) Consider approval of an Ordinance amending Chapter 50, Art III, Div II Water Use Management Policies, of the City of Kyle Code of Ordinances to selected sections 50-88 adopting the City’s updated Drought Contingency Plan, 50-89 Enforcement of Drought Contingency Plan, and repealing sections 50-91 through 50-98, and setting an effective date. Public Hearing ] 18, CONSIDER APPROVAL OF AN ORDINANCE AMENDING CHAPTER 50, ARTICLE THREE, DIVISION TWO, WATER USE MANAGEMENT POLICIES OF THE CITY OF KYLE CODE OF ORDINANCES TO SELECTED SECTIONS 50 DASH 88, ADOPTING THE CITY'S UPDATED DROUGHT CONTINGENCY PLAN 50 DASH 89 ENFORCEMENT OF DROUGHT CONTINGENCY PLAN, AND REPEALING SECTIONS 50 DASH 91 THROUGH 50 DASH 98 AND SETTING AN EFFECTIVE DATE. THIS ITEM DOES HAVE A PUBLIC HEARING ITEM PRESENTER, MIKE MURPHY . THANK YOU MAYOR COUNSEL. UM, MIKE MURPHY, AGAIN, DIRECTOR WATER UTILITIES. AND, UH, TIM SANFORD, UM, ASSISTANT DIRECTOR OF WATER UTILITIES ARE GONNA, HE AND I ARE GONNA TAG TEAM ON THIS. UM, SO WE DID GO THROUGH THIS. THIS IS SOMETHING THAT WE WENT THROUGH ABOUT SIX WEEKS AGO. UH, ON JULY 2ND, 2026, STAFF PRESENTED A REPORT TO COUNCIL, PROPOSED WITH PROPOSED UPDATES TO THE CITY'S DROUGHT CONTINGENCY PLAN AND RECEIVE COUNCIL'S FEEDBACK. THE UPDATED DROUGHT CONTINGENCY PLAN ESTABLISHES PROCEDURES FOR MANAGING THE CITY OF COLLEGE'S, WATER RESOURCES DURING DROUGHT CONDITIONS, WATER SUPPLY DISRUPTIONS, OR OTHER EMERGENCIES AFFECTING THE WATER SYSTEM. THE PLAN IS DESIGNED TO ENSURE RELIABLE SERVICE WHILE PROTECTING PUBLIC HEALTH, SAFETY, WELFARE THROUGH A PHASED APPROACH TO WATER CONSERVATION AND DEMAND MANAGEMENT. THE PLAN ALSO ESTABLISHES ENFORCEMENT PROVISIONS, INCLUDING FINES FOR VIOLATORS, AND PROVIDES A PROCESS FOR CUSTOMERS TO REQUEST A VARIANCE WHEN COMPLIANCES WOULD CREATE A HARDSHIP OR WHEN ALTERNATIVE CONSERVATION MEASURES, UH, CAN ACHIEVE EQUIVALENT WATER SAVINGS. OVERALL, THE UPDATED PLAN PROVIDES A FLEXIBLE FRAMEWORK FOR MANAGING THE CITY'S DIVERSE WATER SUPPLIES WHILE PROMOTING CONSERVATION AND MAINTAINING ESSENTIAL WATER SERVICES AND DROUGHT EMERGENCY CONDITIONS. SO, UM, JUST WALK WALK THROUGH THIS RIGHT QUICK. THE TEXAS SUPPLIERS IS THE 3,300 OR MORE, UM, UH, CUSTOMERS CONNECTIONS. ALL WHOLESALERS SURFACE WATER RIGHT HOLDERS MUST ADOPT EVERY FIVE YEARS AND SUBMIT A DROUGHT CONTINGENCY PLAN TO THE TCEQ AND A WATER CONSERVATION PLAN, UH, TO THE TCEQ AND TO THE TEXAS WATER DEVELOPMENT BOARD. STRATEGIC DOCUMENTS USED TO MANAGE WATER SUPPLIES DURING DROUGHT CONDITIONS WITH THE INTENT TO REDUCE DEMANDS AND ENSURE ESSENTIAL WATER DEMANDS ARE MET. THE DROUGHT CONTINGENCY PLAN PROVIDES A FLEXIBLE FRAMEWORK FOR MAINTAINING THE CITY'S DIVERSE WATER SUPPLIES WHILE PROMOTING CONSERVATION AND MAINTAINING ESSENTIAL WATER SERVICES DURING DROUGHT AND EMERGENCY CONDITIONS. COUNCIL LAST APPROVED THE CITY'S [03:10:01] DROUGHT CONTINGENCY PLAN ON MAY 19TH, 2009. STAFF PRESENTED COUNCIL WITH PROPOSED UPDATES TO THE DROUGHT CONTINGENCY PLAN BACK ON, ON, UH, JULY 2ND, 2026 AND RECEIVE FEEDBACK. THE PURPOSE OF THIS PUBLIC HEARING IS TO PROVIDE THE COMMUNITY WITH AN OPPORTUNITY TO COMMENT ON THE PROPOSED AMENDMENT TO THE ORDINANCE. TC COR TCEQ REQUIRES PUBLIC HEARINGS ACCORDING TO 30 TAC, CHAPTER 20, UH, 2 88 0.20 A ONE A. SO IMPORTANT, UM, IMPORTANT UPDATES INCLUDED INCREASED NUMBER OF STAGES. IT PROVIDES PUBLIC A FRAMEWORK THAT IMPLEMENTS MORE GRADUAL RESTRICTIONS, LESS DISRUPTION TO DAILY LIFE, AND THROUGH INCREMENTAL STAGES, ENCOURAGES CONSISTENT CONSERVATION HABITS OVER TIME. CLEARLY DEFINED TRIGGER THRESHOLDS FOR EACH STAGE PROVIDES STAFF AND CITY LEADERSHIP WITH DEVI, UH, DEFINED PARAMETERS FOR ENHANCING OR RESCINDING DROUGHT, UH, DECLARATIONS. AND IN THE TARGET OUTDOOR IRRIGATION, THE MAIN DRIVER OF PEAK DEMANDS THAT STRESS THE CITY'S WATER SYSTEM AND SUPPLY PUTS LESS OF A BURDEN ON PUBLIC'S DAILY ACTIVITIES THAT UTILIZE WATER. DURING THE TWO SEC, UH, JULY 2ND REPORT, STAFF RECOMMENDED DECLARING STAGE THREE UNDER THE PROPOSED, UH, DROUGHT CONTINGENCY PLAN AFTER ADOPTION. SINCE THAT TIME, SUBSTANTIAL RAIN RAINFALL HAS RESULTED IN AN INCREASED WATER SUPPLY. STAFF WOULD STILL RECOMMEND STAGE THREE AT THIS TIME. THE RESULTS IN, UH, ONCE PER WEEK WATERING, UH, RESULTS IN ONCE PER WEEK WATERING, UM, NEW BRAUNFELS AND SAWS AND AUSTIN ALL ARE ALIGNED IN THIS PROCESS. STILL, THE HOTTEST HIGHEST DEMAND PERIODS ARE AHEAD OF US, UH, PROVIDES A SYSTEM OF ASSESSMENT PERIOD FOR COW WATER UTILITIES WITH THE EXPECTED INCREASED DEMANDS. SO BASICALLY WE'RE JUST SAYING THAT NOTHING REALLY, IT HASN'T CHANGED ENOUGH FOR US TO GET OUT OF STAGE THREE, BUT IT'S VERY SIMPLE. AND SO THIS IS THE CHART THAT WE PRESENTED. AND, UM, AGAIN, WE DIDN'T HAVE, WE DIDN'T HAVE ANY QUESTIONS ABOUT THE CHART. I THINK THAT WE HAD A VERY, A VERY VIBRANT, ACTIVE CONVERSATION WHEN WE PRESENTED THIS THE FIRST TIME, AND WE WERE ABLE TO GET MOST OF YOUR RECOMMENDATIONS FROM THAT. THE, THE, UH, ONLY RECOMMENDATION WE HAD, I THINK MAYOR CAME FROM YOU ABOUT, UM, USING, UM, CITY WATER FOR, UH, CONSTRUCTION. AND SO TYPICALLY WHAT WE DO ON THAT IS IN THE HOT, YOU KNOW, UH, HOTTEST PART OF THE YEAR. WE DO NOT ALLOW THAT UNLESS IT'S A CITY SPONSORED PROJECT. AND SO WHAT WE WOULD TYPICALLY DO SOMEWHERE AROUND, UH, MAY THROUGH OCTOBER, WE DO NOT ALLOW USE OF PUBLIC, PUBLIC, UH, POTABLE WATER FOR CONSTRUCTION CONSUMPTION. NOW, ONCE WE GET INTO THE COLDER PARTS OF THE MONTH, TYPICALLY, UM, NOVEMBER THROUGH THROUGH THE, THE FOLLOWING APRIL OR, OR SOMETHING LIKE THAT, WE, WE WOULD ALLOW THAT TO HAPPEN AND SELL THAT WATER. BUT DURING THE, LIKE RIGHT NOW, WE WOULD NOT MAKE THAT AVAILABLE TO CUSTOMERS. TO ANSWER YOUR QUESTION. SO, UM, SO THIS IS THE, THIS IS BASICALLY JUST A, A BROAD LOOK. I KNOW IT'S, IT'S HARD FOR THE TO TO READ BECAUSE IT'S SO SMALL, BUT THIS IS OUR FIVE, FIVE STAGES THAT WE, UH, WORKING WITH OUR CONSULTANT, STV ON THIS PROJECT CAME UP WITH. AND BASICALLY, UM, WE, AND WE PRESENTED THOSE TO COUNCIL. SO YEAR ROUND CONSERVATION, THE PROPOSED, UH, DROUGHT CONTINGENCY OF PLAN, UH, PLAN ADDRESSES WATER AND WASTEWATER PROHIBITIONS, UH, YEAR ROUND, SUCH AS FAILING TO REPAIR CONTROLLABLE LEAKS, OPERATING FAL, FAULTY IRRIGATION SYSTEMS, RUNOFF FROM IRRIGATION, IRRIGATING LANDSCAPE BETWEEN 10:00 AM AND 7:00 PM AND DAILY MAXIMUM PRODUCTION CAPACITY. SOME OF ALL OPERABLE WATER SOURCES AND TREATMENT F FACILITIES THAT CAN DELIVER WATER TO THE DISTRIBUTION SYSTEM. SO THIS IS JUST A, JUST A QUICK GLIMPSE, AND I WON'T GO THROUGH EVERY ONE OF THESE. YOU, YOU, YOU'LL ALL HAVE SEEN THE EACH, EACH OF THE, OF THE STAGES AND THE TRIGGERS THAT, UH, THAT PRESENT IT. SO THIS IS STAGE ONE, AND THIS IS JUST AN AWARENESS AND DROUGHT WATCH. THIS IS ALL, UH, VOLUNTARY. THIS IS NOT MANDATORY, BUT THE TRIGGERS ARE DEMAND, UH, REACHES 60% OF MAXIMUM, UH, PRODUCTION CAPACITY, UH, TARGETING A 10% REDUCTION IN CONSUMPTION. AND THE RESPONSE IS AUTOMATIC IRRIGATION WOULD BE, UH, TWO DAYS PER WEEK BY ADDRESS STAGE THREE MODEL DROUGHT CONDITIONS. THIS IS WHEN IT GETS MANDATORY WHERE WE'RE REQUIRING YOU TO DO CERTAIN THINGS TO MEET, TO MEET, UM, OUR, OUR, UM, [03:15:01] OUR RESTRICTIONS. UM, SO THE TRIGGERS, OUR DEMAND REACHES 70% OF MAXIMUM PRODUCTION CAPACITY, AND THEN WE'RE TARGETING A 15% REDUCTION IN, IN CONSUMPTION. AND THE RESPONSE WOULD BE AUTOMATIC AUTOMATIC IRRIGATION TWO DAYS PER WEEK BY ADDRESS. BUT THIS IS NOW MANDATORY, NOT VOLUNTARY, AND THEN IT KIND OF, IT JUST, IT JUST CLIMBS AS WE GET FURTHER INTO THIS. UM, DROUGHT THREE, UH, MEANS WE'RE IN MODERATE DROUGHT CONDITIONS, WHICH IS WHERE WE ARE RIGHT NOW. UM, IT FEELS WORSE THAN THAT, BUT ANYHOW, UH, SO THE DEMAND REACHES 75% OF MAXIMUM PRODUCTION CAPACITY. THE WATER SUPPLIER, UM, UM, UM, I DON'T KNOW WHAT THAT MEANS, WATER SUPPLIER STATUS, BUT TARGETING A A 20% REDUCTION IN CONSUMPTION. AND THE RESPONSE IS YOU GET THE WATER ONE DOCK ONE DAY PER WEEK. SO AS YOU CAN SEE, IT'S PROGRESSIVELY GETTING A LITTLE BIT MORE STRICT, UH, SEVERE DROUGHT, UH, 80% OF MAXIMUM PRODUCTION CAPACITY, UH, TARGETING A 25% REDUCTION IN CONSUMPTION. AND THEN THE RESPONSE IS, UM, AUTOMATIC IRRIGATION ONE DAY EVERY OTHER WEEK. SO IT'S A LITTLE BIT TOUGHER. YARDS ARE GONNA GET A LITTLE BROWNER. AND THEN WE GET INTO THE CRITICAL DROUGHT CONDITIONS, WHICH WE HOPE WE'LL NEVER GET INTO THIS STAGE RIGHT NOW. THIS IS PRETTY BAD WHEN IT GETS HERE. SO IT'S 85% OF MAXIMUM PRODUCTION CAPACITY, UM, TARGETING 30% REDUCTION IN CONSUMPTION. AND THEN RESPONSE IS, IRRIGATION IS PROHIBITED AND NO NON-ESSENTIAL WATER USE OR NON-ESSENTIAL WATER USE IS ALL ALSO PROVISION, UH, PROHIBITED. OKAY. THIS, THIS KIND OF GO BACK AS A, UM, SECONDARY REMINDER OF WHAT IT ALL LOOKS LIKE. UH, AND THIS IS IF APPROVED, THIS IS WHAT WE'RE GONNA BE USING. SO ENFORCEMENT, TIM, YOU WANT TO WALK THROUGH THIS RIGHT QUICK. GOOD EVENING COUNCIL. TIM SANFORD, ASSISTANT DIRECTOR FOR OUR UTILITIES. SO THE IMPORTANT MECHANISMS FOR WHAT WE'RE PRESENTING TO THE COUNCIL IS, LIKE WE HAD STATED BEFORE, WE'RE ALWAYS GOING TO TRY TO EDUCATE FIRST. UH, WE THINK A MI IS GONNA BE A BIG STEP IN US ALLOWING US TO DO THAT. UH, THAT'S PROVEN VERY USEFUL IN SOME SITUATIONS THAT HAVE AROSE HERE RECENTLY, WHERE WE'VE BEEN ABLE TO USE THAT A MI SYSTEM, PRESENT THAT TO THE, THE HOMEOWNER OR THE BUSINESS WHOMEVER THAT MAY BE, AND SHOW THEM, UH, WHAT WE'RE SEEING ON OUR END, WHETHER THAT BE A LEAKY TOILET OR, OR WHAT THAT MAY BE. SO AGAIN, WE'RE GONNA USE THAT AS A FIRST TOOL MAKE TO HELP THEM RECOGNIZE THAT. AND THEN IF WE, IF, IF NEED BE, AND OBVIOUSLY WE WILL TALK TO THE CITY MANAGER, WHOMEVER THAT BE, AND HE CAN, HE OR SHE CAN TALK TO COUNSEL AND GET THEIR OPINIONS ABOUT INITIATING SOME TYPE OF VIOLATIONS. THIS TYPICALLY WOULD OCCUR IN A SITUATION WHERE THERE'S BEEN, UH, SEVERAL ATTEMPTS TO WORK WITH THEM TO ELIMINATE THE VIOLATIONS THAT ARE OCCURRING. AND WE FAIL TO, UH, GET ANYWHERE WITH THAT. SO WE DO HAVE A ONE ONE TO $500 FIRST OFFENSE. AND, UH, SUBSEQUENT OFFENSES ARE 5 2 500 TO $2,000. UH, AND AGAIN, THAT'S, THAT'S OUR LAST MECHANISM, BUT DO NEED HAVE SOMETHING IN PLACE IN ORDER TO, UH, MAKE IT KNOWN THAT WE'RE SERIOUS ABOUT IT. UH, SO THE OPTIONS THAT WE DO HAVE BEFORE WE IS TO APPROVE THE DROUGHT CONTINGENCY PLAN, UH, AND ORDINANCE AMENDMENT, UH, APPROVE THE DROUGHT CONTINGENCY PLAN AND ORDINANCE AMENDMENTS AS AMENDED BY COUNSEL OR TO DO NOT APPROVE THE DRAFT CONTINGENCY PLAN AND ORDINANCE AMENDMENT. AND OBVIOUSLY STAFF DOES RECOMMEND APPROVING WHAT WAS PRESENTED TODAY TO COUNCIL. OKAY. THANK YOU. UH, DISCUSSION. OKAY. THERE, THERE IS A PUBLIC HEARING. PUBLIC HEARING, YES. YES, MA'AM. UM, ALL RIGHT. SINCE THERE'S NO DISCUSSION, I'LL GO AHEAD AND OPEN A PUBLIC HEARING. WOULD ANY WOULD LIKE TO COME AND SPEAK? OKAY, SEE NONE. I'M GONNA CLOSE THE PUBLIC HEARING. UH, WE'RE AGENDA ITEM 18. OKAY. I DO, I DO WANT TO MENTION, I FAILED TO MENTION THIS IS STAFF IS ALSO RECOMMENDING AS PART OF THIS, THAT IF WE'RE ADOPTING THIS, THIS EVENING, THAT WE WOULD LIKE TO SET AN EFFECTIVE DATE ON THIS FOR SEPTEMBER THE FIRST. IF, IF COUNSEL MUST, COUNSEL HAS A DIFFERENT DATE IN MIND, HOLD, JUST COME BACK. IF IT, IF IT'S APPROVED SEVEN ZERO TODAY, THEN THEY'RE SAYING THAT THEY WANT TO ADD AN AMENDMENT TO MAKE THE EFFECTI DATE SEPTEMBER 1ST. IF WE WOULD PREFER, WE CAN HAVE IT COME BACK FOR SECOND READING ON SEPTEMBER 1ST, AND THEN IT WOULD STILL BE EFFECTIVE THAT DATE. OKAY. LET'S DO THAT. WELL, WE DON'T EVEN HAVE TO VOTE THEN, REALLY. RIGHT? THINK SEPTEMBER 1ST WILL WORK. IT'S A GREAT DAY, RIGHT? IT'S, I MEAN, IT'S, IT'S MY BIRTHDAY. OH, HAPPY BIRTHDAY. IT'S, EVERYTHING'S ABOUT YOU TO, EVERYTHING'S APPROVED THAT DAY. IT'S FIRST READING TODAY. SO YOU CAN MAKE A MOTION TO APPROVE ON FIRST READING AND STATE THAT YOU WANT IT TO COME BACK ON SECOND READING IF YOU DO, OR STATE THAT YOU WANT THE EFFECTIVE DATE TO BE SEPTEMBER 1ST IF YOU PREFER TO DO THAT. ALRIGHT. OKAY. I JUST HAD A QUESTION THAT I, UH, THOUGHT [03:20:01] ABOUT, UH, TALKING ABOUT EFFECTIVE DATES FOR THE ENFORCEMENT PORTION OF THIS. CAN WE SET LIKE A SEPARATE EFFECTIVE DATE FOR THAT? SO THAT WAY THERE IS A TRANSITION PERIOD FOR US TO BE ABLE TO EDUCATE INDIVIDUALS THAT NOW THEY'LL BE INCURRING LIKE PENALTIES, FINES BY, FOR VIOLATIONS. COUNCIL MEMBERS OF WE'RE REQUIRED TO PUBLISH IN THE NEWSPAPER WHEN WE HAVE A FINE INCLUDED IN AN ORDINANCE, WE WILL BE PUBLISHING IT AND IT WILL NOT BE EFFECTIVE UNTIL PUBLISHED THAT, THAT PORTION. SO THAT'LL BE, CAN WE STILL INCLUDE SOME FLEXIBILITY IN THAT TIME PERIOD SO THAT WAY THE CITY CAN SPEND SOME TIME EDUCATING FOLKS ABOUT IT BEFORE THEY JUST START IMMEDIATELY INCURRING VIOLATIONS? WELL, I THINK WHAT MR. SANFORD SAID IS, SANFORD SAID IT'S, HE SAID HE'S GONNA GIVE, THEY'LL GIVE WARNING FIRST IN THE LAST CASE SCENARIO. THAT THAT'S EXACTLY RIGHT. YES. THE, THE WAY THAT, THE WAY THAT WE STRUCTURE THIS, THE, THE, THE FINE OR THE, THE PENAL VERSE VERSION IS LAST RESORT. THAT MEANS WE HAVE EXPENDED SEVERAL NOTIFICATIONS TO THE HOMEOWNER LETTING THEM KNOW THAT THEY'RE IN VIOLATION. BUT WE'LL, WE'LL GO THROUGH PROBABLY AT LEAST THREE OR FOUR, UM, CALLS LETTER BEFORE WE ACTUALLY GET TO THE, TO THE, TO THE POINT WHERE WE'RE GOING TO CHARGE THEM A FINE. SO I'M GONNA, THIS IS, THIS IS TYPICALLY THE WAY IT'S, IT'S DONE, UH, IN JUST PRETTY MUCH EVERY CITY THAT HAS VIOLATIONS. YOU DON'T, YOU DON'T GO RIGHT TO THE FINE MM-HMM . YOU, YOU GIVE THEM OF A, WE GO THROUGH THE OPPORTUNITY TO EDUCATE THEM AND WITH A MI IT MAKES IT SO IT'S GONNA MAKE IT SO MUCH EASIER FOR US BECAUSE IT'S A PHONE CONVERSATION. WE'LL DIRECT THEM TO THEIR HOUSE, THEY'LL BE ABLE TO PULL UP THEIR METER RIGHT NOW AND WE'LL BE ABLE TO SHOW THEM WHAT THEY'VE BEEN BEEN DOING OVER THE HOW. OKAY. CAN WE JUST HAVE THAT CODIFIED IN THE ENFORCEMENT SECTION? 'CAUSE IT'S ON SECTION 11, IT DOESN'T YEAH. SO LET ME, LEMME IT SAYS THAT IMMEDIATELY THEY'LL START ALSO IF YOU HAVE THE, IF YOU CAN GO BACK TO THE POWERPOINT WHERE WE JUST DISCUSSED THAT, IS THERE ANYBODY THAT COULD DO THAT? I THINK WE, WE CAN, IF IT'S NOT IN THERE, WE CAN PUT IT IN THERE AND SHOW THE PROGRESSIVE WAY THAT WE WOULD DO. RIGHT. UM, FIRST YOU, FIRST YOU WOULD GET A CITATION, NOT A CITATION IF WE'RE GONNA PUT IT IN THE CODE. I WOULD RATHER PUT A DELAY ON ENFORCEMENT THAN PUT ALL OF THAT DETAIL IN THE CODE, JUST BECAUSE ONCE WE HAVE ALL OF THAT DETAIL AND THEN EVERY BIT OF THAT IS AN ELEMENT THAT HAS TO BE PROVEN. SO LET'S, COUNSEL WANTS US TO HAVE TO PROVE EVERY BIT OF THAT AS AN ELEMENT OF THE CRIME. I WOULD PREFER TO JUST PUT IN A, A DELAY ON THE START TIME. YEAH. BUT THAT'S UP TO COUNSEL. I THINK IT WOULD BE, YOU KNOW, I, I KNOW THIS ISN'T WHAT YOU'RE ASKING, BUT IT WOULD BE EXTREMELY RARE IF WE ACTUALLY GOT TO THE POINT WHERE WE'RE GONNA WRITE YOU A, A TICKET THAT YOU OWE, WHATEVER THE AMOUNT WAS THAT, UH, WE SHOWED UP ON THE, ON THE VIDEO. OKAY. OUR, HISTORICALLY, OUR STAFF HAS BEEN LIKE THAT. I REMEMBER WHEN I SERVED WITH DANIELLA PARSLEY, SHE, SHE WAS, WE WERE ASKING FOR ENFORCEMENT. WE WERE LIKE, HEY, WE REALLY NEED THIS ENFORCEMENT BECAUSE, WELL, THEY, IT WASN'T HAPPENING. AND, AND SO, AND IT WAS BECAUSE STAFF WAS SO KIND AND FORGIVING. AND SO IT'S ALWAYS BEEN THE OPPOSITE ISSUE OF LIKE, THERE'S NOT ENOUGH ENFORCEMENT, WHICH WE APPRECIATE. UM, BUT YEAH, ESPECIALLY WITH IT BEING THIS HIGH, I CAN'T IMAGINE THAT OUR STAFF WOULD BE PICKING UP IF IT GOT TO THAT POINT. I MEAN, WE MEET REALLY, PRETTY MUCH ON A WEEKLY BASIS. SO WITH OUR WATER TEAM, WHICH INCLUDES PRETTY MUCH EVERYBODY AT THE, AT THE DIOCESE RIGHT HERE AND OUR WATER TEAM. AND IF IT GETS TO WHERE IT WAS, UH, A FEW YEARS AGO, FOUR YEARS AGO, WHERE THE SITUATION WAS JUST SO DIRE, THEN YEAH, WE WOULD, WE WOULD PROBABLY COME BACK TO COUNCIL AND RECOMMEND THAT WE START ISSUING CITATIONS. BUT MY WHOLE POINT OF THAT WAS LIKE, YOU WEREN'T . SO, SO I DON'T, I CAN'T IMAGINE YOU GUYS WOULD GO OUT THERE AND START GIVING THESE TICKETS. 'CAUSE EVEN WHEN WE HAD IT REALLY, REALLY BAD, IT WAS, YOU KNOW, IT WAS, IT WAS VERY KIND AND LIKE FORGIVING TO THE, TO THE RESIDENTS, WHICH I APPRECIATE THAT. BUT THEN WE'RE JUST RELYING ON THE GOODWILL OF HUMANS, WHICH IS NO, YOU'RE RIGHT. I MEAN, CHANGES OVER TIME. SO IF, IF WE DON'T WANT TO ADD IN EACH SPECIFIC PART OF THAT INTO THE ENFORCEMENT, CAN WE JUST WAIT LIKE SIX MONTHS BEFORE ANY SORT OF VIOLATIONS START? THIS HELPS. UM, WE DON'T IMPLEMENTING FOLKS OR VIOLATIONS UNTIL WE'VE IMPLEMENTED A PROCESS FOR US TO DO, UM, WORD I'M MISSING THE WORD EDUCATIONAL OPPORTUNITY. NO. AND WE'LL DO PATROLS. SO WE'LL IMPLEMENT PATROLS IN THE, UM, DURING THE MORNING HOURS WHEN THEY'RE NOT, OR FEW HOURS, WHICH, WHICHEVER, WHENEVER THEY'RE NOT SUPPOSED TO BE WATERING. SO WE NEED TO ACTUALLY LAY EYES ON THE VIOLATIONS BEFORE WE WILL ISSUE A AND SO TO DO THE CONTROLS, IT REQUIRES OVERTIME AND IT REQUIRES A LOT OF PLANNING. OKAY. OKAY. THAT'S JUST TRYING TO PROTECT PEOPLE. BUT THAT'S FINE. , I THINK A LOT OF IT WAS BACK THEN, WE ALSO HAD A LOT OF NEW COMMERCIALS THAT WERE COMING, NEW BUSINESSES THAT WERE COMING UP THERE, OUR WATERING THEIR GRASS OR TRYING TO ROT THEIR NEW SHRUBS AND [03:25:01] THE WATER WAS JUST RUNNING OFF INTO THE STREET. LIKE, 'CAUSE THEY TURNED THEIR SPRINKLERS ON AT 10 AND SOMETIMES THEY WOULD JUST LEAVE 'EM ON ALL NIGHT AND YOU JUST HAVE A FLOOD DOWN THE STREET, YOU KNOW? YEAH. SO YOU'RE THAT'S A GOOD POINT. AND, AND WHAT AMBER IS SAYING IS 100% ACCURATE. AND WHAT WE WOULD DO IS THEY WOULD GET A VISIT FROM JESSICA AND IN HER WATER, UM, CONSERVATION EFFORT. IF SOMEBODY, IF WE DO IDENTIFY SOMEBODY THAT IS ABUSING THE SYSTEM AND THEY'LL GET A, A, A VISIT FROM JESSICA, SHE'LL GO AND SHE'LL WORK WITH THEM. AND SHE'S ALREADY GOT A COUPLE OF, UM, OF, UH, CONTRACTORS THAT ARE AVAILABLE TO TALK ABOUT PROPER INSTALLATION, PROPER PROGRAMMING, PROPER, UM, WAY TO SET UP YOUR IRRIGATION SYSTEM SO THAT YOU'RE NOT WATERING YOUR DRIVEWAY, YOU'RE NOT WATERING THE STREET THAT IT'S ACTUALLY GOING DIRECTLY ON YOUR YARD. AND THEN IT ALSO HELPS THEM SET UP HOW MANY MINUTES PER STATION THEY HAVE. BECAUSE I, I THINK THAT'S WHAT'S GETTING A LOT OF PEOPLE, THESE HIGH WATER BILLS, IS THEY'RE RUNNING THEIR STATIONS LIKE 15 OR 20 MINUTES BEFORE, BEFORE THAT, BEFORE YOU KNEW IT, KNOW IT, YOU'VE USED TWO OR 3000 GALLONS OF WATER AND YOU DO THAT FOUR TIMES A MONTH, YOU CAN SEE HOW QUICKLY THAT ADDS UP. AND SO IT'S A BIG EDUCATION PROGRAM, BUT BASICALLY WHAT AMBER IS SAYING IS, IS BEFORE WE WRITE ANYBODY A, A CITATION, WE'LL GO VISIT WITH THEM. OKAY. AND IT'S, THAT'S ALREADY IN PLACE RIGHT NOW THAT JESSICA'S ALREADY DOING, SO. OKAY. UM, ONE, CAN I GET FORWARDED THOSE LIKE INTERNAL POLICIES? UM, JUST 'CAUSE I, OKAY. I'VE LEARNED THAT IF SOMETHING IS NOT CODIFIED, IT IS VERY HARD TO ACTUALLY HOLD US TRUE TO IT. UM, AND ALSO IF WE CAN JUST INCLUDE JUST ONE BEGINNING SENTENCE THAT SAYS LIKE, PRIOR TO THE VIOLATION OCCURRING STEPS WE'LL BE TAKEN TO TRY IT. OKAY. LIKE A, I DON'T KNOW. MAKE IT OKAY. . YEAH. BEFORE WE, UH, FIND PEOPLE, WE DON'T HAVE TO LAY IT OUT SPECIFICALLY, BUT JUST SAYING THE EFFORTS WILL BE MADE. WE'LL DO THAT. ALRIGHT. THANK YOU. OKAY. SO WE HAD A HEARING. THE HEARING WAS CLOSED. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 18. SECOND. I HAVE A MOTION BY MYSELF AND A SECOND BY, UH, COUNCIL MEMBER GZA. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? OKAY, SO THIS PASSES SEVEN ZERO, BUT IT'LL COME BACK ON SEPTEMBER 1ST. UM, AND THEN COUNCIL MEMBER HARRIS WAS KIND ENOUGH TO REMIND ME THAT WE PASSED 17, UM, SEVEN ZERO. SO IF WE COULD FINALLY PASS THAT. SO UNLESS SOMEBODY OBJECTS, IT'S AUTOMATICALLY FINALLY PASSED. I JUST PERFECT. BROUGHT IT UP SO THAT YOU GUYS WOULD RECOGNIZE IT WHEN WE DID IT WITH THE, UM, THE PARK. SO, ALL RIGHT. I KNEW THAT WAS IMPORTANT TO YOU. THANK YOU. ALL RIGHT. UP NEXT WE HAVE [21) (First Reading) Consider approval of an Ordinance amending Chapter 41 - Subdivisions, of the City of Kyle's Code of Ordinances, adding regulations regarding development within the Edwards Aquifer and Riparian Zones/Stream Buffers.] AGENDA ITEM 1921, , WHICH IS 19, BUT IT'S OKAY. CONSIDER APPROVAL OF ORDINANCE AMENDING CHAPTER 41, SUBDIVISIONS OF THE CITY OF KYLE'S CODE OF ORDINANCES AT ADDING REGULATIONS REGARDING DEVELOPMENT WITHIN THE EDWARDS AQUIFER AND IAN ZONES SLASH STREAM BUFFERS. ITEM PRESENTER, JASON LUTZ. HI, THIS IS THIS. GOOD EVENING MAYOR, COUNCILOR, UH, JASON LUTZ, UH, INTERIM PLANNING DIRECTOR FOR THE RECORD. UM, SO TONIGHT BEFORE YOU, UM, IF YOU RECALL, WE HAD A STAFF REPORT ON JULY 2ND, WE CAME TO YOU REGARDING POSSIBLE DEVELOPMENT REGULATIONS, UH, REGARDING EDWARDS AQUIFER RECHARGE, CONTRIBUTING ZONE, AND THEN RIPARIAN ZONES, OR AS WE CURRENTLY CALL IN OUR CODE STREAM BUFFERS. UM, COUNSEL GAVE US SOME DIRECTION TO COME BACK WITH AN ORDINANCE, SO THAT'S WHY WE'RE HERE TO NOW, UH, TONIGHT. SOME OF THE DIRECTION WE GOT WAS LOOK AT LIMITING IMPERVIOUS COVER OVER THE RECHARGE ZONE, REQUIRE SOME WATER QUALITY TREATMENT, UH, PROTECT OUR REPAIRING ZONES, LIMIT TRENCHING AND TREE REMOVAL, UH, PROVIDE SOME EXEMPTIONS FOR SCHOOLS, PARKS, AND THEN EXISTING SINGLE FAMILY HOMES, UH, AND THEN LIMIT REGULATIONS TO THE INCORPORATED CITY LIMITS OF KYLE. SO TONIGHT, UH, WE'VE DONE THAT FOR YOU. UH, HOPEFULLY IT MEETS YOUR GOALS. IF NOT, WE CAN MAKE SOME TWEAKS TO THAT. UM, BUT WE DID, AGAIN, REVIEW SEVERAL ORDINANCES AS PART OF THIS, UH, SAN ANTONIO, AUSTIN, DRIPPING SPRINGS BUTA. WE LOOKED AT SAVE OUR SPRINGS, AND THEN TCEQ, UM, AS ALWAYS. SO WE'VE KIND OF INCORPORATED A LITTLE BIT OF ALL OF IT INTO OUR ORDINANCE. I WILL SAY DRIPPING SPRINGS WAS THE BASE AS FAR AS JUST THE FORMAT, DEFINITIONS, LAYOUT, WE THOUGHT THAT WAS VERY USER FRIENDLY. UM, I THINK IT'LL HELP STAFF AND DEVELOPERS. UM, SO I'LL TOUCH ON THE REPAIRING, UH, STREAM BUFFER ORDINANCE, UH, RECOMMENDATIONS FIRST. UM, SO IN THIS ONE, WE HAVE HERE, UM, NO IMPROVEMENTS IN ANY REPAIRING AREA WITHOUT THE RECOMMENDATION FROM PNZ, UH, TO CITY COUNCIL. SO IF SOMEONE DID WANT TO PROVIDE SOME KIND OF AMENITY OR SOMETHING IN THAT AREA, HAD TO CROSS, THEY'D HAVE TO, TO SEEK THOSE EITHER WAIVERS AND COME TO YOU IF THEY, IF THEY COULDN'T DO IT, UM, THROUGH THEIR ALLOTTED ALLOWANCES. UM, UTILITY CROSSINGS ARE ALLOWED, AGAIN, TRYING TO KEEP A MINIMUM, UH, MINIMIZE THE NUMBER OF CROSSINGS AS POSSIBLE. BUT WE ARE GONNA REQUIRE BORING VERSUS TRENCHING. UM, THERE WILL NOT BE ALLOWED TO REMOVE TREES WITHOUT ADHERENCE [03:30:01] TO THE REGULATIONS. SO, UM, THE WAY THIS ONE WORKS IS DIFFERENT STREAMS HAVE KIND OF DIFFERENT BUFFERS. WE'RE ABOUT A HUNDRED FEET FROM CENTER LINE. THERE'S SOME, UH, DIFFERENCES WHERE IT COULD COME IN, DEPENDING ON THE SLOPES AND THE STEEPNESS. UM, I'LL LET OUR FLOOD PLAIN ADMINISTRATOR ANSWER ANY QUESTIONS, UH, IF YOU WANT TO GET INTO THE DETAILS ON, ON THOSE. UM, AND THEN IT WOULD ALLOW PUBLIC PARKS IMPROVEMENTS IN THAT AREA. BUT AGAIN, THAT WOULD BE AFTER P AND Z RECOMMENDATION AND COUNCIL APPROVAL. UM, CONTINUING ON THE STREAM BUFFERS. SO WE'RE ALSO REQUIRING NO ADVERSE IMPACT DEMONSTRATION. UM, NO INCREASE IN EROSION POTENTIAL, NO DEGRADATION OF WATER QUALITY, AND NO REDUCTION IN REPAIRING HABITAT FUNCTIONS. UM, SO AGAIN, THERE MAY BE CASES WHERE YOU GET TO SEE SOME OF THESE, BUT GENERALLY THOSE AREAS ARE GONNA BE OFF LIMIT WITHIN THOSE STREAM BUFFERS. UM, THE NEXT, UH, MAJOR TOPIC WAS THE EDWARDS AQUIFER, THE RECHARGE AND CONTRIBUTING ZONES. UM, SO THE FIRST ONE IS WE'RE PROTECTING CRITICAL ENVIRONMENT FEATURES. UH, EACH ONE OF THESE FEATURES, UH, PLAY A VITAL ROLE IN THE EDWARDS AQUIFER. UM, WHETHER THAT'S ALLOWING WATER TO PENETRATE, UH, ANIMAL HABITAT. UM, SO THESE ALL HAVE KIND OF BUFFERS AROUND THOSE. YOU CAN'T JUST, UH, CLEAR CUT AND, AND BUILD AROUND 'EM. YOU'LL HAVE TO ACCOUNT FOR THOSE. UM, NEXT IS WATER QUALITY TREATMENT REQUIREMENTS. SO WE ARE LOOKING AT 85 TREATMENT, UH, OF WATER QUALITY FOR SUSPENDED SOLIDS. UM, IT'S CONSISTENT WITH OUR BEST MANAGEMENT PRACTICES AND LOW IMPACT DEVELOPMENT STANDARDS. UM, THIS ORDINANCE DID NOT GO INTO A LOT OF DETAILED TECHNICAL ON HOW THEY GET THERE. UM, STAFF DIDN'T WANT TO PRESCRIBE JUST KIND OF A LIST OF THESE THREE OPTIONS THAT SAID THAT THEY'D BE WILLING TO LET, UH, INDIVIDUALS KIND OF THINK OUTSIDE THE BOX OR PROVIDE ANY NUMBER OF, OF OPTIONS THERE TO GIVE THEM SOME FLEXIBILITY TO APPROVE THAT. SO THAT'S JUST SOMETHING I WANTED Y'ALL TO POINT OUT. UM, BUT THESE ARE, ARE SOME OF OUR, UH, THINGS. THEY CAN USE. VEGETATIVE FILTER STRIPS, UH, BIOSWELLS, UH, SAND FILTERS, WATER QUALITY PONDS. AGAIN, BATCHED DETENTION PONDS ARE NOT ALLOWED. UM, AND KATHY WILL GLADLY EXPLAIN WHY. UM, IF YOU HAVE THAT QUESTION. UM, WHEN WE TALK EDWARDS AQUIFER, THE BIG ONE IS GOING TO BE IMPERVIOUS COVER LIMITS. UM, SO TONIGHT THIS PROPOSED ORDINANCE IS PROPOSING 15% FOR ALL USES. UM, SO IN COMPARATIVE, THE SAVE OUR SPRINGS ORDINANCE IS 15%. UH, TCQ ACTUALLY ALLOWS 20%. UM, AND THEN OTHER CITIES ARE SITTING AT 30% IS THE MINIMUM. AND THEY DO GO UP DEPENDING ON THE USE. SO 40 FOR MULTIFAMILY, UP TO 60, SEEN FOR COMMERCIAL IN SOME CITIES. UM, WOULD LIKE TO POINT OUT THAT APPROXIMATELY 26.2% OF CALEM CITY LIMITS IS WITHIN THE RECHARGE ZONE. UM, SO WE WILL BE LIMITING SOME COMMERCIAL AND MULTI-FAMILY DEVELOPMENTS THAT ARE IN INAPPROPRIATE ZONED AREAS. HOWEVER, MOST OF THIS AREA, THIS, THIS 26% IS NANCE RANCH, WHICH IS UNDEVELOPED. SO, UM, I'LL SHOW YOU ON THE MAP HERE IN A LITTLE BIT. YOU'LL KIND OF SEE WHERE IN THE AREA, IN THE CITY LIMIT THESE ARE. UM, WE DID, UH, DO SOME EXEMPTIONS FOR PUBLIC SCHOOLS. UM, SO THIS ORDINANCE IS GONNA CALCULATE IMPERVIOUS COVER ACROSS THE ENTIRETY OF THE DEVELOPMENT. SO THE ENTIRE N RANCH WILL BE LIMITED TO 15%. SO YOU COULD SEE 50, 60 ON INDIVIDUAL LOTS, BUT THE OVERALL IS AT 15. WHAT WE DID WITH SCHOOLS WAS WE WANTED TO, UH, GET RID OF THAT IMPERVIOUS COVER CAP. UM, SO THEY WILL JUST BE BASED ON THE ZONING DISTRICT, JUST BECAUSE OF THE FUNCTION AND THE WAY SCHOOLS WORK. UM, IMPERVIOUS COVERS. THEY, THEY BUILD OUT, UM, LONG TERM. UM, AND THEN PUBLIC FACILITIES, UH, IMPERVIOUS COVER WILL BE LIMITED TO, UH, ZONE ZONING DISTRICTS. UM, AND THEN THAT, THAT AGAIN IS PACI PUBLIC FACILITIES LIKE CITY OWNED, UH, TRULY PUBLIC, NOT JUST OPEN TO THE PUBLIC, UH, FOR DEFINITION. AND THEN AGAIN, EXISTING INDIVIDUAL SINGLE FAMILY LOTS OR TRACKS WOULD BE EXEMPT FROM THE WATER QUALITY AND IMPERVIOUS COVER CAPS OF THIS ORDINANCE. THEY STILL HAVE TO MEET THEIR ZONING. SO THAT WOULD APPLY TO EXISTING HOMES IN THE, IN THE DOWNTOWN CORE OF KYLE, THE ORIGINAL TOWNSHIP HERE ALONG OUR CREEK AREAS. UM, I THINK THAT WAS, UH, A MAYOR'S CONCERN ABOUT SOME OF THE EXISTING FOLKS IN, IN THE AREA. SO WE WANTED TO MAKE SURE WE COVERED THEM. SO FOR REFERENCE, UH, THIS IS THE MAP OF THE EDWARDS AQUIFER RECHARGE ZONE. THAT IS GOING TO BE THE PINK, UM, THE CROSS HATCH AREA OUTLINED IN RED. IT'S KIND OF HARD TO SEE IS CITY LIMIT. SO AGAIN, MOST OF THAT IS NAN'S RANCH. UM, YOU WILL SEE SOME OTHER DEVELOPMENTS WE HAVE, UM, UH, ARE MORE SINGLE FAMILY, UM, LOCATED KIND OF NORTHWEST THAT'S IN THE YELLOW. UM, THAT'S ACTUALLY WHAT WE CALL THE CONTRIBUTING ZONE TO THE TRANSITION ZONE. UM, SO EDWARDS AQUIFER IS THREE ZONES CONTRIBUTING, OR I'M SORRY, RECHARGE, CONTRIBUTING IN TRANSITION. HOWEVER, THE TRANSITION ZONE HAS ITS OWN CONTRIBUTING ZONE, AND THAT'S WHAT YOU'RE SEEING HERE IN YELLOW. SO IT'S NOT THE TRUE CONTRIBUTING ZONE. I JUST WANT TO CLARIFY THAT A LITTLE BIT. IT'S VERY CONFUSING. I'VE LEARNED A LOT, UH, DURING THIS ORDINANCE ON THOSE ZONES. UM, [03:35:01] AND WE TALK ABOUT, UH, THE CONTRIBUTING ZONE. UM, SO HERE WE'RE, WE'RE NOT LIMITING THE IMPERVIOUS COVER. WE'RE GONNA KEEP IT AT WHAT THE ZONING DISTRICT ALLOWS. UM, YOU'LL NOTICE SAVE OUR SPRINGS DOES NOT HAVE ANY IMPERVIOUS COVER CAPS OVER THE CONTRIBUTING ZONE, AND NEITHER DOES CCQ. SO WE WERE JUST KIND OF TRYING TO MATCH, UM, SOME OF THOSE O OTHER ORDINANCES THAT WE KNEW, UH, COUNCIL LIKED, UM, OTHER CITIES, THEY DON'T LIMIT IT EITHER. IT'S ALL BASED ON, UH, IMPERVIOUS COVER AND WATER QUALITY. UM, WE HAVE 0% WITHIN THE CITY LIMITS. AGAIN, WE, ON THE MAP, YOU SEE SOME CONTRIBUTING, BUT THAT'S CONTRIBUTING TO THE TRANSITION, NOT CONTRIBUTING TO THE RECHARGE ZONE. SO IT'S JUST ABOUT WHICH WAY THE WATER FLOWS. UM, HERE'S A QUICK MAP. AGAIN, THE YELLOW IS A LITTLE MORE ZOOMED IN KIND OF, YOU SEE SIX CREEKS BOULEVARD KIND OF COLD OUT. SO WE HAVE SOME AREAS THERE. AGAIN, THIS IS THE CONTRIBUTING TRANSITION ZONE, NOT THE TRUE CONTRIBUTING ZONE. UM, SO TONIGHT YOUR OPTIONS ARE APPROVE, UH, THE MEN MINUTES AS PRESENTED, APPROVE, UM, WITH MODIFICATIONS OR CONDITIONS, OR DENY THE PROPOSED AMENDMENTS. UM, I'LL BE GLAD TO ANSWER ANY QUESTIONS YOU HAVE ON OUR THOUGHT PROCESS, HOW WE CAME ABOUT THIS, UM, WHAT WE LOOKED AT. BUT IF YOU HAVE VERY TECHNICAL SPECIFICATION QUESTIONS, I'LL HAVE TO CALL UP THE EXPERTS ON, ON THAT. SO, ALRIGHT, JESSICA, I'M GONNA GO FROM COUNCIL MEMBER GOZA THEN TO COUNCIL MEMBER HARRIS. UH, I JUST HAD A FEW QUESTIONS. UM, THANK YOU FOR PUTTING ALL OF THIS TOGETHER. I THINK IT'S, IT'S VERY WELL PUT TOGETHER. UM, IS THE, I WOULD LIKE TO SEE THE INTENT OF THIS TO HAVE THE CITY ALSO ADHERE TO THIS WHEN THEY'RE DOING, DOING CONSTRUCTION PROJECTS. SO WAS THAT, UM, KIND OF INCORPORATED INTO THIS? IS IT UNDERSTOOD THAT IT WILL? YES. SO THERE'S NO EXCEPTIONS TO CITY WORK. UM, ANY WAIVER THAT WANTS TO BE DONE, UH, CITY WOULD HAVE TO COME BACK. IF, IF MIKE'S PUTTING IN A NEW WATER LINE AND HE'S TELLING ME HE WANTS TO, TO TRENCH THAT VERSUS BORING, HE'S, HE'S GONNA HAVE TO COME, UH, BEG FOR, UH, P AND Z'S, UH, RECOMMENDATION AND THEN COME TO COUNCIL. SO, UM, THE ONLY EXEMPTIONS WE HAD WERE MOSTLY FOR IMPERVIOUS COVER ON SCHOOLS, UM, JUST BECAUSE THAT'S AN ISSUE. AND THEN EXISTING HOMES, UH, THAT WEREN'T DESIGNED TO, TO TRY AND RECREATE THAT WHEEL. OKAY. AND THEN THE YELLOW ZONE THAT'S CONTRIBUTING TO THE TRANSITION ZONE. KENNETH, CAN YOU TELL ME A LITTLE BIT MORE ABOUT WHAT THAT'S LIKE? BECAUSE I KNOW, UM, NOBODY ELSE IS DOING PROTECTIONS ON THAT, BUT SO LIKE, ARE THERE NOT AS MANY CARS AREAS IN THERE? OR LIKE WHAT DOES THAT LANDSCAPE LOOK LIKE? THE, MY UNDERSTANDING OF THIS ZONE IS THERE'S A CONTRIBUTING ZONE THAT CONTRIBUTES TO THE RECHARGE ZONE. SO THOSE WILL FLOW TO THE RECHARGE AREA BASED ON ELEVATION. THAT'S WHERE THEY WILL WORK THEIR WAY INTO THE EDGE. ACTUAL EDGE WORDS AQUIFER, UM, EITHER THROUGH CAVES OR CARS, FEATURES LIKE THAT. THE, UH, WHAT WE SEE HERE IN KYLE IS A CONTRIBUTING ZONE, BUT IT CONTRIBUTES TO OUR TRANSITION ZONE. UM, AND THAT'S NOT AN AREA THAT THAT, THAT IS UTILIZED TO KIND OF RECHARGE OUR AQUIFERS. UM, IF YOU WANT A LOT MORE DETAIL, I'M GONNA HAVE TO BRING KATHY UP, BUT THAT'S KIND OF THE SUMMARY I GOT FROM FROM A COUPLE OF PEOPLE DOING THIS. I THINK I UNDERSTAND. SO, UM, THAT ACTUALLY CONCLUDED MY QUESTIONS. OKAY. SO I APPRECIATE IT. THANK YOU. THANK YOU. COUNCIL MEMBER HARRIS. UM, TO ANSWER THAT QUESTION ABOUT THAT, THAT PARTICULAR CONTRIBUTING ZONE, I THINK THAT CONTRIBUTES TO THE PLUM CREEK WATERSHED. 'CAUSE IT GOES CLOSE DOWN INTO P CREEK THROUGH TOWN, RIGHT? AND THEN MOVES TO OUR TRANSITION ZONE. MM-HMM . I HAVE A BUNCH OF QUESTIONS. I'M SORRY I DIDN'T EXPECT TO HAVE THIS MANY. NO, THAT'S OKAY. . SO HOW MANY PROPERTY OWNERS ARE, ARE AFFECTED BY THIS? OH, I WOULD HAVE TO, I WOULD HAVE TO GET THAT TO YOU. UM, I DID, WE DIDN'T DO A, A DEEP ANALYSIS AND SELECT EVERY INDIVIDUAL LANDOWNER. UH, WE KIND OF JUST DID IT BY, BY THE SQUARE FOOTAGE TO GET THE ACREAGES TO KIND OF SEE HOW MANY WE'RE DOING. UM, YOU KNOW, THERE'S A LOT OF RESIDENTIAL PLAN FOR SOME OF THAT AREA NEXT TO SIX CREEKS. UH, THERE'S SOME OF IT'S ALREADY UNDER CONSTRUCTION. UM, NOT SURE HOW MANY LOTS ARE OUT THERE CURRENTLY, PLATTED AND, AND OCCUPIED. UM, BUT IF THAT'S A A NUMBER YOU WANT, WE CAN DEFINITELY GIVE THAT TO YOU. YEAH. AND, AND SO I THEN WOULD ASSUME THAT THE OWNERS HAVE NOT BEEN CONTACTED THAT THIS IS COMING UP? NO. AND SO AGAIN, THIS IS GOING TO APPLY TO NEW PROJECTS. UM, SO SOME OF THESE PROJECTS THAT ARE ALREADY BEEN APPROVED HAVE CONSTRUCTION PLANS. THEY WOULD, THEY WOULD BE EXEMPT FROM THAT. SO THIS WOULD BE MOVING FORWARD. SO, UM, LIKE I SAID, NANCE RANCH IS, IS, IS, IS VACANT. IF THEY COME INTO PLAT SUBDIVIDE, UM, WE'D HAVE TO COMPARE WITH THEIR DA TO MAKE SURE THAT THERE'S NO CONFLICTS THERE. BUT THIS WOULD MOST LIKELY APPLY TO THEM. UM, IF THERE WAS A VACANT AREA SECTION, UH, OF ONE OF THESE PARCELS NEAR SIX CREEKS THAT SAY IT GOT SOLD OFF TO SOMEONE ELSE AND THEY KIND OF REDID THEIR, THEIR PLAT AND THEIR LAND PLAN, THEN THAT NEW STUFF WOULD APPLY. BUT THIS WOULDN'T APPLY TO THE EXISTING HOMEOWNERS. SO IT WOULDN'T APPLY TO THE TOLL BROTHERS DEVELOPMENT? NO, MA'AM. IT WOULDN'T APPLY TO [03:40:01] BLANCO RIVER RANCH DEVELOPMENT. NOTHING THAT HAS BEEN CURRENTLY APPROVED. UM, OR UNDER CONSTRUCTION. I DON'T KNOW IF ANY OF THEM ACTUALLY HAVE PLATS APPROVED. WE HAVE SOME PLOTS. UM, WE HAVE SOME CONSTRUCTION PLANS. UM, BUT, UM, I'D HAVE TO LOOK PRE PRELIMINARY. WE'D HAVE TO LOOK AT THEIR DA TO SEE. WE'D HAVE TO DO A DEEP DIVE INTO THEIR DA TO SEE HOW THAT IS AFFECTED. SO SOME DAS, UM, ARE VERY SPECIFIC ON WHAT'S GRANDFATHERED. THEY'RE COVERING THE RULES IN EFFECT AT THE TIME AND NOTHING ELSE. SOME WILL SAY IF THERE'S A DISCREPANCY, THE MOST RESTRICTIVE WINS OUT. SO WE'D HAVE TO REALLY LOOK AT, AT EACH DA TO, TO FIND OUT HOW THEY'RE TRULY AFFECTED BY THIS. BUT YEAH, I'M DISAPPOINTED. DISAPPOINTED WE DID NOT DO ANY LEGAL NOTICE OR, OR PROPERTY OWNER NOTIFICATION ON THIS. YEAH, I'M DISAPPOINTED THAT THE PROPERTY OWNERS DON'T KNOW THAT THIS IS HAPPENING. UM, EXCEPT IF THEY'RE SEEING THE AGENDAS, WHICH PROBABLY THEY DON'T. UM, OKAY. UM, WE ARE REFERRING A LOT TO THE CITY OF AUSTIN STANDARDS. UM, WHY ARE WE USING THAT INSTEAD OF JUST USING TCEQ? T-C-Q-E-Q IS OF THE REGULATOR. THEY SET THE STANDARDS. UM, AND FRANKLY, SOME OF THE AUSTIN SAN STANDARDS ARE NOT COMPATIBLE WITH TCEQ. SO I THINK WE SHOULD PROBABLY BE USING TCEQ NOT AUSTIN STANDARDS. UM, THAT CONCERNS ME. AND IT, I THINK IT CREATES SOME CONFUSION. UM, AND IF WE KEEP AUSTIN STANDARDS IN, WE NEED TO HAVE EVERYTHING WRITTEN OUT. JUST NOT REFER TO, THIS IS AN AUSTIN STANDARD AND IT APPLIES BECAUSE PEOPLE WON'T KNOW WHAT THAT IS. THEY HAVE TO GO TO AUSTIN'S ORDINANCES TO LOOK AT AT THAT. SO THAT NEEDS TO BE IN OUR ORDINANCE IF THAT, IF IT APPLIES TO US, IT WOULD NEED TO BE IN OUR ORDINANCES. UM, AND THEN ANOTHER CONTINGENT, ANOTHER ISSUE I HAVE IS THAT THE, UM, I, I DON'T SEE WHERE WE HAVE ASSURED THAT OUR ORDINANCES COMPLY WITH EDWARDS AQUIFER AUTHORITY STANDARDS. AND THAT'S WHERE THE MAJORITY OF OUR, OUR ZONES ARE IS IN THE EDWARDS AQUIFER. SO I WOULD LIKE TO HAVE THEIR SIGN OFF ON THIS BEFORE WE CODIFY IT ON. I'M SORRY, WHO SIGN OFF? EDWARDS AQUIFER AUTHORITY. OKAY. UM, UH, 'CAUSE THIS IS THEIR LAND. I MEAN, THIS IS WHERE OUR WATER COMES FROM. IS THAT IN THAT AREA IS EDWARDS AQUIFER, UM, AND GBRA BECAUSE THEY CONTROL THE BLANCO RIVER, THE, UM, GUADALUPE BLANCO RIVER AUTHORITY. UM, I JUST, I THINK WE NEED TO RUN THIS BY A NUMBER OF GROUPS AND INDIVIDUALS THAT HAVE NOT YET SEEN IT. UM, AND THEN MY LAST ONE IS, UM, ON THE DETENTION PONDS. ON THE, UM, THE, THE DETENTION POND IS GONNA BE A QUESTION. OKAY. UM, ON THE SLIDES, BECAUSE THEY'RE NOT REALLY LISTED IN THE, UH, DEVELOPMENT IN THE ORDINANCE FOR SOME REASON I COULDN'T FIND THEM IN THAT. BUT I DID FIND THEM ON THE SLIDES. BUT, UM, ON THE SLIDE IT SAYS THAT, UH, BATCH PONDS ARE NOT RECOMMENDED, BUT TCAQ RECOMMENDS BATCHED PONDS AS THE PRIMARY. SO WE'RE SAYING NOT AT ALL. WE'RE SAYING WE'RE GONNA USE SOMETHING ELSE OTHER THAN WHAT TCEQ RECOMMENDS. I'LL TURN IT OVER TO THE EXPERT ON THAT ONE. HELLO, KATHY RAKER, UH, STORMWATER PROGRAM FOR THE CITY OF KYLE MAYOR COUNCIL MEMBERS. THANK YOU SO MUCH. SO JUST A LITTLE BIT OF A BACKSTORY. TCQ, IF YOU LOOK AT THEIR REGULATIONS, I CAME FROM TCQ, SO I, I, I CAN SPOUT OFF SEVERAL DIFFERENT CHAPTERS WITHIN THOSE REGULATIONS. UM, EDWARDS AFER IS UNDER CHAPTER, UM, TWO 13. THEY REALLY DON'T GO INTO A LOT OF DETAIL. TCQ REALLY DOES NOT HAVE DEVELOP DEVELOPMENT STANDARDS PER SE. WE DO REGULATE OTHER THINGS THAT WILL ASSOCIATE OR THAT ARE ASSOCIATED TO WATER QUALITY THROUGH EVEN THE STORMWATER PROGRAM. WE HAVE THE CONSTRUCTION GENERAL PERMITS. WE HAVE, UM, MULTI-SECTOR GENERAL PERMITS. SO WE EVEN CAN ACTUALLY START REGULATING FACILITIES IF THEY STORE MATERIALS THAT OUTSIDE. UM, SO THERE'S A LOT OF DIFFERENT THINGS THAT WE USE TC Q4, BUT IT'S, IT'S MAINLY GENERAL PERMITS. THE REASON WE REFER TO CITY OF AUSTIN A LOT IS BECAUSE BACK IN, DON'T QUOTE ME ON THE YEAR, BUT IT'S BEEN BETWEEN 2020 AND 2024, WE ACTUALLY ADOPTED CITY OF AUSTIN STANDARDS, CRI CRITERIA, MANUAL MANUALS IN GENERAL. SO TECHNICALLY THE CITY, WE HAVE BEEN FOLLOWING A LOT OF THOSE STANDARDS ALREADY AND THEY HAVE NOT ALWAYS BEEN VERY COMPATIBLE WITH KYLE. 'CAUSE WE'RE DIFFERENT. CORRECT. AND, AND, AND WE CAN MAKE THOSE ADJUSTMENTS. AND THAT'S, THAT'S THE GOOD THING. 'CAUSE CITY OF AUSTIN, THEIR, THEIR RANGE OF EXPERTISE [03:45:01] IS JUST FAR AND VAST. I MEAN, IT'S, YOU KNOW, THEY DO ALL THE RESEARCH. THEY'VE DONE, YOU KNOW, THINGS THAT CITY OF KYLE, WE JUST DON'T HAVE THE MANPOWER TO ACTUALLY DO. SO BECAUSE WE'RE SO CLOSE IN PROXIMITY TO CITY OF AUSTIN, IT MADE SENSE FOR US TO ADOPT A LOT OF THOSE STANDARDS. WE DON'T, YOU KNOW, THERE ARE SOME THAT WE DON'T, YOU KNOW, THAT WE DON'T RECOMMEND. BUT THE ONES THAT WE KNOW THAT WORK AND ARE COMPATIBLE WITH THE CITY OF KYLE, OF COURSE, YOU KNOW, WE ARE USING THOSE. SO THAT'S WHY YOU'RE SEEING A LOT OF THE CITY OF AUSTIN. IT'S JUST THEY HAVE THE MANPOWER. THEY'VE DONE SO MUCH MORE RESEARCH THAN WE'VE EVER DONE. UM, AND SO THAT'S MADE IT EASY FOR THE BATCH DETENTION POND. THAT'S BEEN A FUN ONE. THAT HAPPENED IN 2024. I STARTED GETTING WORD BECAUSE CITY OF KYLE, WE JUST RECENTLY STARTED GOING INTO THE EDWARDS AND DEVELOPING THAT AREA. AND, UM, SO I STARTED HEARING FROM SISTER CITIES, ACTUALLY GEORGETOWN, UM, SAN MARCUS, I THINK NEW BRAUNFELS, SEVERAL CITIES ARE. THEY WERE LIKE, BATCH DETENTIONS ARE JUST BAD. WE, THAT WE WISH THAT WE COULD SOMEHOW NOT USE THESE. AND SO I ENDED UP GETTING A HOLD OF A COUPLE OF CONTRACTORS AND I ACTUALLY SHADOWED HAM AND I BOTH WENT AND WE ACTUALLY WENT TO OUR OWN BATCH DETENTION PONDS AROUND THE CITY OF KYLE. AND THEY WERE LIKE, HERE IS THE PROBLEMS WITH THESE. THEY THEY HAVE A LOT OF MECHANICAL STAINS BEHIND THEM. A LOT OF 'EM HAVE A SOLAR PANEL. THE SOLAR PANELS GET DAMAGED. THEY DON'T OPERATE PROPERLY. YOU CAN ACTUALLY MANUALLY TURN THE VALVE OPEN. SO THE POND DOES NOT WORK. IT LITERALLY IS NOT HOLDING WATER AT ALL. AND LETTING WATER SEEP IN IT IS ACTUALLY ABLE. AND SEVERAL OF THOSE VALVES WERE COMPLETELY LEFT OPEN. WE WENT BY THE, YOU KNOW, THE LIGHTS WOULD BE FLASHING. NOBODY'S PAYING ATTENTION TO 'EM. THEY'RE VERY MAINTENANCE INTENSIVE. I, I HAVE VIDEOS. I CAN ACTUALLY SHARE THOSE WITH YOU AND WE CAN TALK A WHOLE LOT MORE. I DON'T REALLY WANNA TAKE UP TOO MUCH MORE OF Y'ALL THIS TIME, BUT IT WAS, SO SADLY I HAD TO, ME AND LEON AND KHAW WENT HEAD TO HEAD WITH A COUPLE OF FIRMS. UM, BE AND, AND WE WERE LUCKY. AND THE REASON WE WERE ABLE TO ACTUALLY ARGUE AND SAY, UM, WE ARE NO LONGER GONNA ALLOW THESE IS BECAUSE CITY OF AUSTIN DOES NOT ALLOW THEM. AND SAN MARCUS HAS ASKED ME, GEORGETOWN HAS ASKED ME, THEY'RE LIKE, HOW DID YOU ACCOMPLISH THIS? BECAUSE THEY'RE GONNA TRY TO FOLLOW OUR LEAD. NO, SAM, YOU COULD CALL AROUND THE, THE OTHER CITIES AND THEY WOULD TELL YOU STRAIGHT UP, YOU DO NOT WANT THESE PONDS. NOT TO MENTION THEY'RE IN OUR HOAS. AND THE HOAS ARE THE ONES THOUGH. THE RESIDENTS ARE HAVING TO PAY THOSE DUES TO FIX THOSE PONDS TO FIX. THEY HAVE, THEY HAVE VALVES, THEY HAVE LIKE COMPUTER EQUIPMENT IN 'EM. YOU ACTUALLY HAVE TO HAVE A CERTAIN COMPUTER SOFTWARE TO GO IN AND HOOK UP TO 'EM TO EVEN SEE IF THEY'RE OPERATE THAT TO SEE HOW THEY'RE OPERATING. IT'S TCQ DOES ALLOW THEM. AND SO WHAT'S THE DIFFERENCE WITH THE DETENTION PONDS AS OPPOSED TO THE BATCH PONDS? THEY DON'T HAVE ALL THOSE BELLS AND WHISTLES. THEY'RE NOT, THEY'RE NOT MECHANICAL. THEY DON'T HAVE ARMS THAT YOU CAN LEAVE OPEN. AND I MEAN, LITERALLY THE WATER IS NOT STAYING IN THERE. THERE'S NO, UM, TSS REMOVAL. IT'S, IT'S GOING, COMING IN AND GOING STRAIGHT OUT. OKAY. SO THEY'RE, THEY'RE JUST, WE CAN GO AROUND KYLE, KYLE, IF YOU EVER WANT TO ONE DAY. YEAH, I'D LOVE TO. YEAH. SO THAT'S THE STORY ON BATCH DETENTION. THANK YOU. I I I THINK WE'D STILL HAVE SOME WORK TO DO MM-HMM . ON, ON THIS AS FAR AS NOTIFICATION OF OWNERS, UM, TALKING WITH EDWARDS AQUIFER AUTHORITY ABOUT OUR, OUR, OUR PROPOSED REGULATIONS HERE. MM-HMM . UM, I'M NOT OPPOSED TO THEM. I JUST THINK THAT WE, WE MAY BE RUSHING IT A BIT. UM, AND NOT DOING OUR HOMEWORK. WHO WILL BE THE ONE TO TALK TO EDWARDS AQUIFER? UM, I MEAN WE, WE ACT, WE DID DO QUITE A BIT OF RESEARCH AND, AND AGAIN, IF WE DON'T WANT IT THIS STRINGENT, YOU KNOW, WE JUST NEED DIRECTION ON THAT. I'M NOT SAYING WE DON'T WANT IT THIS STRINGENT UHHUH, I JUST THINK THAT WE NEED TO CONTACT SOME OTHERS THAT HAVE SOME INVESTMENT. YOU KNOW, THE PROPERTY OWNERS AS WE'RE AFER AUTHORITY, GBRA. MM-HMM . SO DO YOU WANT THEM TO LIKE, SEND THEM THE ORDINANCE? LIKE HOW, HOW DO YOU WANT THAT CONVERSATION TO GO? I GUESS I'M JUST KIND OF CONFUSED. LIKE WE CONTACT THEM AND THEN WE SAY THIS IS OUR PLANS AND THIS IS WHAT WE WANNA DO. I JUST WANNA GIVE THEM GOOD DIRECTION SO THEY KNOW WHAT THEY'RE DOING. I THINK THAT WOULD BE PROBABLY A GOOD IDEA. YEAH. MAYBE YOU CAN SEND A LETTER. I DON'T KNOW IF YOU WANNA HAND DELIVER IT OR MAIL IT OR CERTIFIED MAIL IT AND THAT. JUST LETTING THEM KNOW, HEY, THIS IS WHAT WE'RE PROPOSING. IF YOU HAVE ANY CONCERNS, YOU CAN REACH OUT TO US. YOU CAN COME TO THE COUNCIL MEETINGS. I THINK I THINK THAT'S A FAIR REQUEST. I THINK THAT'S NEW. YEAH. JUST AS LONG AS YOU GUYS KNOW WHAT WE'RE, WHAT SHE'S ASKING AND WHICH I THINK IS JUST TO UPDATE ON, HEY, WE'RE GONNA HAVE THIS NEW ORDINANCE AND IT COULD AFFECT YOU OR MM-HMM. DO YOU HAVE ANY CONCERNS? FEEDBACK? YES. ANYTHING LIKE THAT? YES. REALLY THAT'S WHAT IT IS. IT'S MORE OF LIKE A NOTICE. WE'LL BE GLAD TO DO THAT. I THINK WE'LL PROBABLY START WITH EMAILS 'CAUSE WE'RE NOT EXACTLY, I'M NOT EXACTLY SURE WHO THAT CONTACT PERSON'S GOING TO BE. UM, WE'LL GET SOME GOOD NUMBERS. WOULD LIKE TO SEND A CERTIFIED LETTER JUST SO WE HAVE A RECORD OF THAT. AND I THINK YOU MAY HAVE THAT [03:50:01] FOR THE PROPERTY OWNERS. PROBABLY PROPERTY OWNERS. WE CAN GET, UM, THROUGH OUR GIS SYSTEM MM-HMM . UM, I'M NOT SURE HOW MANY PROPERTY OWNERS IT MAY BE. SO THERE MAY BE SOME, SOME AMOUNT, UH, ADDITIONAL COSTS THERE TO SEND THOSE. I MEAN, SORRY, UH, CERTIFIED LETTER, IF WE'RE SENDING 10 OR 15, THAT'S ONE THING. IF WE'RE SENDING 500, THAT'S, THAT'S QUITE ANOTHER. SO, UH, AND DEFINITELY A CONTACT PERSON FOR THEM IF THEY HAVE QUESTIONS. BECAUSE IF THEY'RE AN INDIVIDUAL HOMEOWNER, THEY'RE NOT GONNA UNDERSTAND THIS AT ALL. . NO. AND WE'VE HAD A COUPLE OF FOLKS JUST, UH, THROUGH OUR CONVERSATIONS WITH DEVELOPERS LETTING THEM KNOW THIS IS COMING. SO WE HAVE HAD SOME PEOPLE REACH OUT, SOME DEVELOPERS, SOME FIRMS. UM, I'VE BEEN TOLD I WAS SUPPOSED TO GET COMMENTS. I HAVEN'T GOTTEN ANY YET SO FAR. UM, I THINK FOR ME, THE ONLY, UH, QUESTION SLASH UH, I HAVE FOR ON THE CONTACT IS THE TIMING. UM, SO WE DO HAVE A SECOND READ. SO IF, YOU KNOW, HOW, HOW LONG ARE YOU WANTING US TO WAIT TO GET A RESPONSE FROM THESE ORGANIZATIONS? YOU KNOW, IF I SEND AN EMAIL AND I, AND THEY SAY, HEY, YEAH, SEND THIS TO X PERSON AND I SEND IT CERTIFIED, YOU KNOW, WE'RE WAITING TWO WEEKS. WE'RE WAITING A MONTH. 30 DAYS. YEAH. 30 DAYS I THINK WHO I THINK TWO WEEKS IS ACTUALLY REASONABLE. YEAH. TWO WEEKS. BECAUSE THEY'RE GONNA RE IF THEY'RE GONNA REPLY, THEY'RE GONNA REPLY QUICKLY. OKAY. IF THEY WON'T NEED TO TAKE 30 DAYS TO REPLY TO, TO READ SOMETHING FOR THEM. MOST OF THEM THAT'S FAIRLY SIMPLE. AND CALL AND ASK QUESTIONS, YOU KNOW, DEFINITELY A CONTACT PERSON WHERE THEY CAN ASK QUESTIONS. OKAY. I THINK THERE, WHEN I MENTIONED THE 30 DAYS, LIKE IF THEY SAY, WELL WE CAN GET BACK WITH YOU WITHIN THAT TIMEFRAME, BUT YOU CAN ASSESS THEIR, LIKE, WE REALLY NEED TO TRY TO GET THIS INFORMATION AS SOON AS POSSIBLE. YEAH. I'LL, I'LL GIVE THEM TWO WEEKS TO CONTACT US. YEAH. UM, IT'LL PROBABLY TAKE ME, US A WEEK TO GET CONTACTS AND LETTERS. SO TWO WEEKS TO CONTACT US. I, I'M JUST SAYING FOR THE MOTION SO THAT WHEN WE, IF YOU MAKE THE MOTION TO APPROVE AND WE HAVE TO BRING IT ON A DATE CERTAIN THAT WE, MAYBE 15TH, I THINK UNLESS WE HAVE A SPECIAL MEETING IN BETWEEN. SO WE HAVE THE DIRECTION FROM COUNCIL AT THE LAST MEETING WAS TO TRY TO HOLD OFF PUTTING ITEMS ON THE 15TH. SO MY SUGGESTION WAS GONNA BE OCTOBER 1ST OR THE FIRST MEETING ON OCTOBER. BUT IF COUNCIL WANTS TO DO THE, IF THIS ONE'S IMPORTANT ENOUGH THAT COUNCIL WANTS IT ON THE 15TH, WE CAN MAKE THAT HAPPEN AS WELL. AND JUST SO YOU KNOW, THE OCTOBER 1ST MAY BE RESCHEDULED. THAT'S NATIONAL NIGHT OUT AS WELL. SO, UM, WE'VE HAD, IN THE PLANNING WORLD, WE HAVE SOME CONCERNS WHEN COUNSEL STARTS MOVING DATES. 'CAUSE WE'RE A COUPLE OF WEEKS AHEAD OF THE SCHEDULE. SO THAT'S WHY WE, THAT ONE, I THINK OF OCTOBER, WE JUST MOVED IT TO THE MONDAY. AND SAME THING WHEN WE DID WITH ELECTION NIGHT. IT WAS THE, WE JUST MOVED THEM TO MONDAY THE SEVENTH NATIONAL NIGHT OUT. WE'VE EITHER MOVED TO THE MONDAY OR THE WEDNESDAY EACH YEAR THAT I'VE BEEN HERE. YEAH. OKAY. I, THIS WAS, I BELIEVE COUNCIL MEMBER ZAPATA'S INITIATIVE. MM-HMM . ZA. ZA. OH, ZAS. I'M SORRY. . UM, SO DO YOU FEEL THAT IT NEEDS TO COME BACK REALLY QUICKLY OR SHOULD THEY TAKE SOME MORE TIME TO WORK ON THAT? THAT'S, I THINK THAT WOULD BE YOUR CALL. I MEAN, I WOULD LIKE FOR IT TO COME BACK. UM, I UNDERSTAND THAT TIME NEEDED TO CONTACT THE OWNERS. SO, UH, IF WE CAN, I, I THINK MAYBE THE, THE FIRST MEETING IN OCTOBER WOULD BE APPROPRIATE. OKAY. WE COULD ALSO DO, THE FIRST MEETING IS SEPTEMBER. THAT'LL GIVE THEM A LITTLE, DEPENDING ON WHEN WE DECIDE. 'CAUSE THE FIRST IS GONNA BE NATIONAL NIGHT OUT. SO IF WE DO IT ON THE SECOND, UM, OR THE THIRD, THAT'LL GIVE YOU ABOUT TWO WEEKS. YEAH. AND I JUST NEED IT FOR THE MOTION SO THAT I HAVE A, SO IN CASE PEOPLE ARE CONCERNED AND WANT TO SPEAK, SO IT'S EITHER GONNA BE SEPTEMBER OR OCTOBER. WAIT FOR CLARITY. THE NATIONAL NIGHT A IS THE FIRST MEETING IN OCTOBER. OCTOBER. SO CAN WE HAVE IT BROUGHT BACK IN SEPTEMBER? THAT'S PRETTY CLOSE. UM, TIME, TIMING WISE, IF IT TAKES A WEEK TO GET THE LETTERS OUT AND WE GIVE 'EM TWO WEEKS TO RESPOND, UH, YEAH, I DON'T KNOW THAT WE COULD MAKE THAT DATE. I THINK PACKETS WOULD ALREADY KIND OF BE, BE IN THE HOPPER READY TO GO. I MEAN, UNLESS, UNLESS WE TEE EVERYTHING UP AND IF WE DON'T HAVE ANY CHANGES, IT'S JUST, WE WON'T HAVE A LOT OF JUST SAY, SAY ONE OF THEM COMES BACK AND SAYS, OH, WE DON'T LIKE THIS, OR WE RECOMMEND THIS CHANGE. THERE'S NOT A LOT OF TIME TO, TO MAKE ANY TWEAKS. UM, I DON'T ANTICIPATE ANY CHANGES. 'CAUSE THESE ARE QUITE FRANKLY, A LITTLE MORE STRINGENT THAN WHAT OTHER PEOPLE ARE DOING. SO IF ANYTHING, HOPEFULLY THEY'LL, THEY'LL SAY, GOOD JOB. THANKS . THAT'S THE GOAL. SO MAYBE OCTOBER TO GIVE THEM ADEQUATE TIME. UM, HOW ABOUT IF WE PLAN FOR SEPTEMBER, LIKE MID-SEPTEMBER TO COME BACK AND THEN IF THERE'S DELAYS OR SOMETHING, YOU KNOW, THERE'S QUESTIONS THAT COME IN THAT NEED TO BE ADDRESSED, THEN WE PUSH IT OFF TILL OCTOBER AND THAT'S FINE. OH, WELL, I THINK THE 15TH WAS GONNA BE, THAT'S WHEN WE HAVE OUR MEETING. RIGHT. AND IT WAS GONNA BE STRICTLY BUDGET OR BARE MINIMUM THE 15TH, THE SECOND READING OF THE BUDGET. AND SO WHEN WE TALKED ABOUT IT LAST WEEK, WE TALKED ABOUT TRYING TO HOLD OFF AS MUCH AS WE COULD ON THAT DATE. BUT AGAIN, I DON'T KNOW. I MEAN, IF IT'S SECOND READING AND THERE'S NOT A LOT OF CHANGES, IT MAY NOT BE AN ITEM THAT TAKES VERY LONG. SO THAT CAN BE A CALL THAT WE MAKE LATER. I, SO LET'S DO THAT. [03:55:01] THINK. AND JUST SO YOU KNOW, PLANNING HAS TWO OTHER ITEMS THAT WERE ALREADY SCHEDULED FOR THAT DECEMBER, SEPTEMBER 15TH MEETING. SO WE ARE ACTIVELY TRYING TO SEE IF WE CAN PUSH THOSE, UH, TALKING WITH THE APPLICANT. UM, SO WE MAY HAVE THREE ADDITIONAL ITEMS THAT, AND WE'RE TRYING TO KEEP IT LIGHT. SO I THINK WE JUST PLAY IT BY YEAR AND SEE WHAT IT LOOKS LIKE AT THAT TIME, IF THAT WORKS. DO YOU WANT US TO SAY THE 15TH THOUGH? 'CAUSE I KNOW YOU SAID YOU NEEDED TIME. I I WOULD OR WE CAN SAY NO LATER THAN OCTOBER. YEAH, I THINK THAT'S FAIR. GIVE US A, GIVE US A DEADLINE TO BRING IT BACK FOR A SECOND. READING IF YOU'RE, IF YOU'RE PLANNING TO APPROVE ON FIRST READING TODAY. ALL RIGHT. SO WHO'S GONNA MAKE THE MOTION? YOU COULD JUST SAY NO LATER THAN OCTOBER 1ST. I'LL MAKE A MOTION. I MAKE A MOTION TO APPROVE WHAT SHOULD BE ITEM NUMBER 19 ON THE AGENDA. UM, MS. MARKED AS THE FIRST NUMBER 21. UM, AND IT IS APPROVAL OF THE ORDINANCE AMENDING CHAPTER 41, SUBDIVISIONS OF THE CITY OF KYLE'S CODE OF ORDINANCES, ADDING REGULATIONS REGARDING DEVELOPMENT WITHIN EDWARDS AQUIFER AND RIPARIAN ZONE STREAM BUFFERS TO COME BACK NO LATER THAN OCTOBER. DO WE HAVE A SECOND? SECOND. OKAY. I HAVE A, I SEE, UH, UH, I'M JUST GONNA DO THIS. UH, I HAVE A MOTION BY COUNCIL MEMBER ZA A SECOND BY, UH, COUNCIL MEMBER HARRIS. UH, COUNCIL MEMBER MCKINNEY. I JUST HAVE A QUICK QUESTION. THE NANCE TRACT DEVELOPMENT AGREEMENT HAS, UH, IT'S LIKE SEVEN TO NINE, UH, ACRES OF RETAIL. WOULD THIS PREVENT THAT FROM BEING DONE? OR IS IT, IS THIS GONNA BE GRANDFATHERED IN? UM, I WOULD HAVE TO LOOK AT THE DA, I'D HAVE TO DO A DEEP DIVE INTO THAT TO SEE HOW THAT LANGUAGE IS WRITTEN. UM, YOU DO HAVE TO REMEMBER IT'S 15% OF THE OVERALL DEVELOPMENT. SO WE HAVEN'T SEEN ANY LAND PLANS OR CONCEPT PLANS FOR THEM AT THIS TIME. UM, SO SAY THEY DID HAVE SEVEN OR EIGHT ACRES THAT WAS ALL COMMERCIAL AND THEY WERE LOOKING AT 90% IMPERVIOUS COVERAGE. UM, THEY STILL HAVE FLOODPLAINS, THEY HAVE OPEN SPACES. YOU KNOW, THEY, THEY COULD POSSIBLY MAKE THAT WORK. BUT UNTIL WE KIND OF SEE A CONCEPT, IT'D BE HARD TO SAY. UM, I KNOW OUR ENGINEERING TEAM WAS WORKING WITH THEM OR ON A CALL RECENTLY. UM, THEY DID GIVE THEM A HEADS UP THAT THIS WAS COMING THEIR ANTICIPATED OR JUST GENERAL KIND OF, UM, BIRD'S EYE VIEW. THEY WERE ANTICIPATING THAT THEY THOUGHT THEY WERE GONNA BE AT ABOUT 40% IMPERVIOUS COVER, BUT THAT'S WITHOUT ANY LAND PLANNING OR SEEING ANYTHING. THAT'S JUST THEIR ASSUMPTION. SO, UH, THE ANSWER'S YES, IT COULD AFFECT THEM, BUT I COULD NOT TELL YOU RIGHT NOW HOW, HOW BAD, UM, OR, OR HOW MUCH IT WOULD AFFECT THEM. AND, AND THEN AGAIN, I'D HAVE TO LOOK TO SEE WHAT KIND OF LANGUAGE WAS WRITTEN REGARDING VESTING AND, AND ADDITIONAL RULES. SO, UM, ALL OF THAT COULD, COULD TWEAK HOW THIS ORDINANCE APPLIES TO THEM. YEAH, I DON'T, I DON'T WANNA SEE THAT AREA BECOME JUST A SEA OF ROOFTOPS AND I'D LIKE TO SEE, YOU KNOW, THE PRESERVATION OF THE RETAIL JUST TO SATISFY AND BE ABLE TO, TO SERVE. THE RESIDENTS ARE GONNA BE IN THAT AREA SO THAT THEY DON'T HAVE TO DRIVE 20, 30 MINUTES JUST, YOU KNOW, FOR ANY LITTLE THING THEY NEED, YES OR NO. THAT, THAT'S SOMETHING WE'LL DEFINITELY HAVE TO LOOK AT WHEN THEY COME BACK. HOW OLD IS THAT DEVELOPMENT AGREEMENT FOR NANCE? OOF. UH, YEAH. OKAY. SO SAY LESS. ALL I'M SAYING IS IF THEY WANNA COME, THEY NEED TO COME. WE DON'T, YOU KNOW, I'M, I'M NOT TRYING TO RUSH DEVELOPMENT, BUT I'M JUST SAYING WE CAN'T JUST BE HOLDING UP OUR ORDINANCES AND THE THINGS THAT WE WANNA DO TO PROTECT OUR CITY FOR THE SAKE OF DEVELOPMENT. THEY'VE HAD A WHILE. AND SO I SUGGEST THEY, IF THEY ARE INTERESTED THAT THEY SUBMIT SOMETHING SOONER RATHER THAN LATER. IT'S NOT LIKE WE'RE NOT GIVING 'EM YEARS AND THEY'VE GOT A NEW OWNER, I THINK FAIRLY RE I DO HAVE A NEW OWNER WE HAVE MET WITH, UH, THAT GROUP PROBABLY TWICE. UM, PROBABLY HAVE A MEETING HERE, UH, NEXT WEEK OR SO. THEY WANTED TO TOUCH BASE, SO WE'LL LET 'EM KNOW HOW THIS CONVERSATION WENT. UM, MAYBE WE'LL HAVE SOME MORE DETAIL FROM THEM. THEY CAN, UH, LET US KNOW WHAT THEY'RE THINKING AS FAR AS THAT GOES. BUT AGAIN, I, I THINK THIS ORDINANCE WILL HAVE ENOUGH FLEXIBILITY THAT, UM, YOU KNOW, THERE'S ENOUGH OPEN SPACE, MAYBE THEY CAN MAKE IT WORK. MAYBE THEY HAVE TO TONE DOWN SOME DEVELOPMENT IN OTHER AREAS. UM, THAT WAS ONE THING THAT WE DID NOT INCLUDE IN THIS ORDINANCE WAS, UM, ADDITIONAL IMPERVIOUS COVER KIND OF GRANTS. UM, SO SAY YOU, YOU GOT TO 90% OF YOUR SOLID, UH, REMOVAL, YOU COULD GET AN INCREASE IN IMPERVIOUS COVER. SO WE DIDN'T GO THAT ROUTE. WE JUST KEPT IT, KEPT IT THE HARD CAP. OKAY. UM, SO WE HAVE A MOTION AND A SECOND. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. OPPOSED? MOTION PRESSES. SEVEN ZERO. THANK YOU. THANK YOU COUNSEL. MM-HMM . THANK YOU. UM, NEXT WE HAVE [20) Consider approval of Task Order No. 260501 to Rodriguez Transportation Group, Inc. (RTG) in the amount of $478,638.51 to conduct a traffic study to analyze operational and safety aspects of twelve (12) intersections in the City of Kyle and develop a technical memorandum for each intersection with design recommendations.] AGENDA ITEM IS THIS 20 CONSIDER APPROVAL OF TASK ORDER NUMBER 2 6 2 6 0 5 0 1 TO RODRIGUEZ TRANSPORTATION GROUP, INC. RTG, IN THE AMOUNT OF $478,638 AND 51 CENTS TO CONDUCT A TRAFFIC STUDY TO ANALYZE OPERATIONAL AND SAFETY ASPECTS OF 12 INTERSECTIONS IN THE CITY OF KYLE. AND DEVELOP A TECHNICAL ME MEMORANDUM FOR EACH INTERSECTION WITH DESIGN RECOMMENDATIONS. ITEM PRESENTER, [04:00:01] LOSING. GOOD EVENING, MAYOR AND COUNSEL. THIS ITEM'S COMING BACK TO YOU. UM, LITTLE BIT BACKGROUND. JULY 7TH COUNCIL REQUESTED US TO LOOK AT REEVALUATING THE PROPOSED INTERSECTION THAT, UH, THE 12 OF THEM, UM, TWO ON KOHLER'S CROSSING, UM, AND THEN 10 ON ROAD BOND PROJECTS IN THE CITY OF COO TO CONDUCT UPDATED TRAFFIC ANALYSIS AT, AT EACH OF THESE INTERSECTIONS. AND IN JULY, ON JULY 21ST, WE PRESENT AN OVERVIEW OF THE STAFF APPROACH TO TAKE THIS INTERACTION, UM, OF THE INTERSECTION TO BE INCLUDED IN THE NEW TRAFFIC STUDY. AND I JUST WANNA GO OVER VERY BRIEFLY, UM, THE PROJECT APPROACH AND THEN I'M GONNA HAND OVER TO OUR TRAFFIC ENGINEER RA RAJU TO EXPLAIN IN DETAIL WHAT THE SCOPES INCLUDE. UM, SO THE PROCESS FOR US TO TAKE THIS, UH, STUDY IS WE ARE HIRING A CONSULTANT AND THEY WILL BE COLLECTING ADDITIONAL DATA, TRAFFIC DATA, GETTING COUNTS AND PERFORM INTERSECTION ALTERNATIVE ANALYSIS AS DEFINED BY OUR, UM, ORDINANCE AT EACH OF THESE LOCATION. BASED ON THE PROGRESSION OF THE ROBOT PROJECTS, WE HAVE THREE HIGHEST PRIORITY INTERSECTIONS. THEY INCLUDE LAYMAN ROAD, UH, AT BUTTON CREEK ROAD CENTER STREET AT THE OLD STAGE COACH ROAD, AND WENDY HILL AT CHERRYWOOD. I DO WANT TO, FOR TRANSPARENCY PURPOSES, UM, GET YOUR ATTENTION ON THE CENTER STREET AT OLD STAGE COACH ROAD AS WELL AS WENDY HILL BECAUSE THESE TWO PROJECT HAS BEEN LET. SO WE DO HAVE AN ACTIVE CONSTRUCTION CONTRACT. WE'VE BEEN WORKING WITH THE CONTRACTOR TO REPHRASE THE PROJECT, LEAVING THE INTERSECTION UNTOUCHED AND DO OTHER PORTION OF THE PROJECT. HOWEVER, WE HAVE BEEN IN A COUPLE, UM, CONSTRUCTION MEETINGS. WE ARE HAVING SOME ISSUES WITH POSSIBLE, UM, CLAIM DAYS, MEANING THE PROJECT WILL BE DELAYED. UM, WE WE'RE TRYING TO MINIMIZE THE IMPACT AS MUCH AS POSSIBLE, BUT I JUST DO WANT TO MAKE SURE YOU'RE AWARE OF THIS. UM, THE REMAINING INTERSECTIONS WILL BE PRIORITIZED BASED ON 10 OF BID AND CONSTRUCTION SCHEDULE OF THE ROBOT PROJECT. WE ARE PLANNING ON TAKING THESE INTERSECTIONS, UM, AS INDIVIDUAL TECHNICAL MEMORANDUM AND, UH, PRESENT TO YOU IN GROUPS OF THREE TO FOUR. SO TO GIVE YOU ENOUGH TIME TO DIGEST AND DISCUSS THOSE, WE'RE NOT PLANNING ON TAKING EVERYTHING IN ONE GIANT REPORT. AND THIS ALSO HELPS TO, HELPS YOU TO FIND THE ANALYSIS FOR INTER EACH INTERSECTION A LOT EASIER. UM, THERE ARE THREE ADDITIONAL INTERSECTIONS THAT WE'RE PROPOSING ON COLORS CROSSING, UM, TO COLLECT TRAFFIC COUNTS, UM, BUT NOT TO PERFORM INTERSECTION ALTERNATIVE ANALYSIS. THESE THREE INTERSECTION INCLUDE COLORS CROSSING AT CROMWELL AT, UH, FM 27 70 AND ALSO AT FM 1626. WE NEED THESE, UM, NEW TRAFFIC COUNTS TO BE ABLE TO, UM, HAVE A CORRIDOR ANALYSIS IN THE FUTURE WHEN WE NEED IT. WAIT, I HAVE A QUESTION. SO THE ONE AT KOHLER'S AND CROMWELL MM-HMM . I THOUGHT THAT WAS NOT, THAT WAS ON HOLD. LIKE, WE'RE GONNA DO THAT. YES MA'AM. THAT'S ON HOLD FOR THE INTERSECTION ANALYSIS, BUT BECAUSE IT IS AN INTERSECTION, SO WE WOULD LIKE TO HAVE TRAFFIC COUNTS COLLECTED DURING SCHOOL, UM, SEASON TO MAKE SURE THAT WHEN WE LOOK AT COLORS CROSSING AS A WHOLE CORRIDOR, WE HAVE COUNTS AT EVERY INTERSECTION. UM, AND THIS ALSO HELPS WHEN WE IN THE FUTURE MAKE THE CONNECTION AT CROMWELL TO DETERMINE WHAT'S EVENTUALLY NEEDED IF THERE'S ANYTHING AT FM 1626 THAT TEXT US WILLING TO DO, UM, AS AN IMPROVEMENT. OKAY, BECAUSE I TALKED TO TEXT DOT YESTERDAY AND THEY, THEY SAID THEY DO NOT RECOMMEND CROMWELL, BUT THEY ALSO SAID THAT THE CITY OF KYLE INITIATED 1626 AND KOHLER'S CROSSING FOR A ROUNDABOUT. UM, I'M NOT AWARE OF THAT. I DO. SO, UM, I CAN'T, I CAN'T HAVE AROUND RAJU COME UP AND TALK ABOUT THAT BECAUSE WE DID HAVE SOME DISCUSSION ON POSSIBLE INTERSECTION IMPROVEMENTS AT THAT LOCATION. UM, BUT WE WERE NOT RECOMMENDING A ROUNDABOUT AT THAT. THEY HAVE THAT ON FILE AND THEY HAVE IT AS $9.5 MILLION TO BE FUNDED BY THE CITY. I, YEAH, I TALKED TO TEXT YESTERDAY AND THEY SHOWED ME THEIR PA I TALKED TO TUCKER IN ORLANDO AND HE PULLED OUT HIS PIECE OF PAPER AND I SAID, WELL, I WAS TOLD, I THINK I HAD A CONVERSATION WITH COUNCILMAN MCKINNEY AND HE SAID THERE WAS TEXT. I HAD A, A IDEA TO HAVE A, A ROUNDABOUT THERE. AND SO I, I DIDN'T KNOW WHAT WAS GOING ON. I SAT DOWN, I TALKED TO THEM, I WAS LIKE, I WAS VERY SPECIFIC ABOUT ONE 50 THE, YOU KNOW, THE VIBE OFF OF CENTER STREET AND THEN KOHLER'S CROSSING AND CROMWELL AND THEY SAID, AND WE WERE GONNA LOOK INTO WHO SUBMITTED THIS APPLICATION FOR 1626 [04:05:01] AND KOHLER'S. BUT HE SHOWED ME HIS SPREADSHEET AND IT SAID 9.5 MILLION, BUT IT WASN'T TO BE BUILT UNTIL LIKE 20, MAYBE LIKE 2032 OR 2035. AND SO THAT WAS NEWS TO ME. 'CAUSE I WAS ALWAYS UNDER THE ASSUMPTION THAT THAT WAS GONNA BE, UM, TXDOT RESPONSIBILITY ALL AND COUNSEL LEON VAR, CITY ENGINEER, EXCUSE ME. UH, I WOULD SAY ABOUT EIGHT, NINE YEARS AGO THERE WAS TALKING OF ROUNDABOUT ED KOHLERS AT 1626, TEXT STOP WAS BEHIND IT. UH, WE RAN INTO A LOT OF OPPOSITION AT THAT POINT AND WE NEEDED TO HAVE SOME CONTROLS IN THERE. SO THEY JUMPED IT BACK TO THE TRAFFIC SIGNALS. THAT'S WHAT HAPPENED BACK THEN. SO THEY MAY STILL HAVE IT ON THEIR RECORDS. OKAY, WE CAN, WE, CAN WE FIGURE IT OUT? LIKE WHO SUBMIT? BECAUSE SOMEBODY WOULD HAVE TO REQUEST THAT THE CITY REQUESTED IT AND WE WERE TRYING TO, TO WORK WITH THEM TO GET THAT INSTALLED. BUT AT THE TIME WE DID RENT RENTED A LOT OF OPPOSITION FROM, UH, FOLKS AND SO TEXDOT SAID WE NEED TO DO SOMETHING AT THIS INTERSECTION. SO WHAT THEY DID IS THEY INSTALLED THE TRAFFIC SIGNALS INSTEAD. SO THERE WAS A PLAN TO DO THAT. NO, I GET THAT. I'M JUST, I'M GETTING A DIFFERENT UNDERSTANDING FROM TXDOT AND THEY STILL HAVE IT ON THEIR RECORDS AND ORLANDO'S NEW 'CAUSE HE, HE, UM, REPLACED WILLIE. SO, UH, AND TUCKER HAD THE INFORMATION, HE HAD A BIG SPREADSHEET THAT WAS GIVEN TO HIM. AND SO YEAH, IF, IF THAT IS NOT THE CASE, I THINK WE NEED TO CONTACT OR AT LEAST HAVE SOME KIND OF CONVERSATION WITH TXDOT SO WE'RE ALL ON THE SAME PAGE AND IT WAS THEIR DECISION TO INSTALL TRAFFIC SIGNALS, SO THEY SHOULD HAVE KNOWN THAT AT THAT TIME. OKAY. UM, YEAH, SO THAT WAS MY CONCERN IS THAT THEY, WITH, WITHOUT EVEN GOING INTO THAT DEEP CONVERSATION, THEY DO NOT RECOMMEND A ROUNDABOUT AT CROMWELL BECAUSE IT'S SO CLOSE TO THAT INTERSECTION. YEAH. UH, GOOD EVENING MAYOR AND COUNCIL. ROB RA, DIRECTOR OF TRAFFIC TRANSPORTATION FOR THE RECORD. UM, IN REGARDS TO WHY WE'RE COLLECTING COUNTS AT THESE THREE SPECIFIC INTERSECTIONS THAT ARE NOT PART OF THE I A A OR THE INTERSECTION ALTERNATES ANALYSIS IS, UH, WE DID GET FEEDBACK BOTH FROM COUNCIL AND THE COMMUNITY THAT KOHLER'S CROSSING NEEDS TO BE EVALUATED AS A CORRIDOR. AND IN ORDER FOR US TO EFFECTIVELY DO THAT, WE HAVE TO LOOK AT THE SEGMENT FROM THE TEXT STARTING POINT, WHICH IS 27 70 ON THE WEST END, UM, TO THE TEXT ENDPOINT AT 1626 AND KOHLER. UM, THAT'S THE ONLY REASON THAT WE'RE COLLECTING THE TRAFFIC COUNTS AT THESE INTERSECTIONS. THE ANALYSIS WILL NOT BE GOING INTO ANY DETAIL ABOUT WHAT CONFIGURATION MAKES THE MOST SENSE. SO THOSE INTERSECTIONS THAT WILL NOT BE PART OF THE SCOPE OF FOR THIS, UH, TASK ORDER. IT'S SIMPLY SO THAT WE HAVE THE DATA SO WE CAN ASSESS IF THERE IS UPSTREAM DOWNSTREAM QUEUING IMPACTS, WHAT THAT LOOKS LIKE FOR THOSE INTERSECTIONS. SO THAT IS THE EXTENT OF WHY THESE INTERSECTIONS ARE EVEN LISTED HERE TODAY. OKAY. OKAY. SO THAT'S GOOD. SO THAT'S GONNA TAKE INTO CONSIDERATION THE WHOLE TRAFFIC FOR THAT WHOLE AREA. CORRECT. YEAH. SO BECAUSE ANY RECOMMENDATIONS THAT WE MAKE AT EITHER SANDERSON BANNER, WE WANNA MAKE SURE THAT THOSE ARE BEING MADE IN REFERENCE TO THE INTERSECTIONS THAT ARE EITHER NEXUS TO IT OR DOWN THE STREET. UM, BECAUSE IF YOU CAN IMAGINE THE SIGNAL PROGRESSION, RIGHT, THE SIGNALS DO KIND OF ADD, UH, ACT AS METERING DEVICES TO CONTROL WHAT KIND OF TRAFFIC FLOWS IN. AND THAT DOES FACTOR INTO WHAT MAKES THE MOST SENSE AT SANDERSON BANNER. SO WE DIDN'T WANNA KIND OF LOOK AT THEM WITH LIKE A MICROSCOPE BECAUSE THEY ARE PART OF A LARGER ROADWAY NETWORK. OKAY. BUT THAT'S WHY. ALL RIGHT. I'LL LET YOU JUST TO CONTINUE. UM, ONCE THOSE ANALYSIS BEEN DONE, UM, STAFF WILL PROVIDE OVERVIEW OF THE IMPACT REGARDING RIGHT OF WAY ADJACENT DEVELOPMENT AND OVERALL COST FOR EACH OF THE INTERSECTIONS. UM, PHASE ONE WILL TAKE AN OVERVIEW OF THE GENERAL COST IMPACT AND THEN PHASE TWO WE'LL LOOK AT A DETAILED PA UH, COST IMPACT BREAKDOWN. STAFF THEN WILL PROVIDE RECOMMENDATIONS FOR EACH INTERSECTION FOR COUNCIL CONSIDERATION. AND I JUST WANNA BRING BACK THIS MAP TO SHOW THE LOCATION THAT ARE BEING, UM, INCLUDED THEIR PURPLES, UM, THREE TOP PRIORITIES THAT ARE IN GREEN AND UM, THE BROWNS ARE THE INTERSECTIONS THAT WILL, UM, COLLECT TRAFFIC COUNTS, BUT NO INTERSECTION ALTERNATIVE ANALYSIS TO BE PERFORMED. AND ALSO THE TWO RED ONES, ONE HAS BEEN REMOVED FROM THE ROAD BOND PROJECT, THE OTHER ONE HAS BEEN CONSTRUCTED ALREADY. UM, AND THEN I WILL HAND OVER TO . I GET TO PRESENT THE MEDIA PART OF THE PRESENTATION. UM, THERE ARE A LOT OF ACRONYMS. WE ENGINEERS LOVE OUR ACRONYMS, SO BEAR WITH ME. UM, SO THE SCOPE FOR, UH, PHASE ONE OF THIS TASK ORDER WILL INCLUDE, UH, DATA COLLECTION, WHICH INCLUDES OF COURSE SITE VISITS TO OBSERVE THE TRAFFIC OPERATIONS DURING THE MORNING AND EVENING RUSH HOURS. UM, IT'LL ALSO INCLUDE COMPILING HISTORIC DATA THAT'S AVAILABLE, UM, EITHER THROUGH US THE CITY OR TEXT DOT PUBLISHED DATA THAT THEY HAVE ONLINE, ANY TRAFFIC IMPACT ANALYSIS THAT WE MAY HAVE ON RECORD [04:10:01] THAT HAVE BEEN APPROVED AS PART OF DEVELOPMENT PROJECTS OR OTHER, UM, PROJECTS FROM THE PAST. UM, AND THEN ALSO ANY DEVELOPMENT APPLICATIONS THAT HAVE BEEN APPROVED BUT NOT CONSTRUCTED THAT MAY NOT HAVE TIAS. SO, UH, WE COULD STILL DERIVE TRAFFIC DATA BASED ON THE ANTICIPATED, UH, LAND PLANNING THAT THE DEVELOPMENTS MAY HAVE. UM, WE'LL ALSO INCLUDE CRASH DATA ANALYSIS, UM, BOTH FROM CITY OF KYLE AS AVAILABLE AND THEN THE TECH DOT, UM, UH, CRASH DATABASE AS WELL. UM, IT'LL INCLUDE AN EVALUATION OF GEOMETRIC LAYOUTS FOR ALL APPROACHES TO THE INTERSECTIONS. THAT'S JUST MAKING SURE THAT WE'RE CAPTURING THE INTERSECTIONS AS THEY'RE TODAY. LANES, NUMBER OF LANES, UM, DEDICATED TURN LANES, THAT SORT OF THING. UM, AND WE ARE PLANNING TO COLLECT 13 HOUR TURNING MOVEMENT COUNTS AT THESE INTERSECTIONS. UM, ALL 15 OF THEM, WHICH THREE OF THEM ARE NOT INCLUDED IN THE I A A, UH, FOR TWO DAYS. UM, THAT'S JUST TO GIVE US A GOOD DISTRIBUTION OF WHAT THAT, UH, TRAFFIC PATTERNS LOOK LIKE. UM, AND THESE WILL BE DONE OF COURSE WHILE SCHOOLS ARE IN SESSION ON A TYPICAL WEEKDAY. USUALLY THOSE TEND TO RUN FROM TUESDAY TO THURSDAY. UM, AND THEN THE CONSULTANT WILL LOOK AT, UM, THE VOLUMES TO MAKE SURE THAT, YOU KNOW, THERE'S ANY MIDBLOCK TRAFFIC LOSSES WITH DRIVEWAYS AND THINGS LIKE THAT. THOSE ARE BEING FACTORED IN THAT THE DATA IS VALIDATED. UM, AND THEN THEY'LL CON PERFORM SOME OUR, PREPARE SOME TRAFFIC LINE DIAGRAMS AND APPLY ANY ADJUSTMENT FACTORS AS NEEDED. UM, AS LOU MENTIONED EARLIER, A FEW OF THESE INTERSECTIONS ARE PART OF ACTIVE CONSTRUCTION, UM, WORK ZONES. UM, SO WE'LL THAT'LL BE FACTORED IN WHEN WE COLLECT THE DATA TO MAKE SURE THAT WE'RE, UH, APPLYING IT APPROPRIATE ADJUSTMENT FACTORS TO ACCOUNT FOR THAT. UM, AND THEN THE NEXT STEP WILL BE THE OPERATIONAL ANALYSIS TO LOOK AT ALL THE AVAIL, ALL THE COLLECTED DATA, UM, WHETHER IT'S THROUGH COUNTS OR THE UM, UH, ONLINE PUBLIC AVAILABLE DATA. AND THEN WE'LL APPLY A GROWTH RATE AND THEN, UM, TAKE THE CURRENT VOLUMES TO OPENING YEAR. SO OPENING YEAR IN THIS CASE WOULD BE LIKE WHEN WE ANTICIPATE THE, UH, PROJECTS TO BE COMPLETED THAT WOULD BE CONSIDERED OPENING YEAR COMPLETED AND OPEN TO PUBLIC BASICALLY. AND THEN HORIZON YEAR IS USUALLY 15 TO 20 YEARS FROM NOW. UH, SO THAT WE CAN ACCURATELY PREDICT WHAT INTERSECTION CONFIGURATION WORKS TODAY, BUT IT ALSO WORKS 15 TO 20 YEARS FROM NOW. UM, THEY'LL INCLUDE THINGS LIKE WHETHER IT'S GONNA BE A TRAFFIC SIGNAL OR ALWAYS DROP WARN UNTIL HOUSES, AND THAT'S JUST TO SAY ESTABLISH A BASELINE. AND THEN, UM, THE CONSULTANT WOULD PERFORM WHAT'S CALLED A CAPACITY SCREENING OR CAPEX ANALYSIS TO OBTAIN THE VOLUME OVER CAPACITY RATIOS. THE WE OVERSEE RATIOS OR VOLUME OVER CAPACITY RATIOS IS TRULY WHAT TELLS US THE RESILIENCE OF THE INTERSECTION TODAY AT OPENING YEAR AND IN THE HORIZON YEAR AS WELL. SO THAT'S MAKING SURE THAT WE'RE PROVIDING ADEQUATE LAYING CAPACITY. I THINK A BAD EXAMPLE OF THIS RIGHT NOW THAT WE'RE DEALING WITH IS I 35 AND, UH, 1626 AS WE ALL KNOW. UM, SO TRYING TO AT LEAST PLAN INTO THE 1520 YEAR HORIZON TO AVOID, UH, THAT SORT OF CONGESTION AT INTERSECTIONS. UM, THE OPERATION ANALYSIS WILL ALSO USE, UH, TRAFFIC MODELING SOFTWARE. UH, THAT INCLUDES EITHER SYNCHRO 12 OR CIDRA. UM, CIDRA IS SPECIFICALLY, UH, MORE CONDUCIVE TO PRODUCE ROUNDABOUT RELATED INTERSECTION OPERATIONS ANALYSIS. IT'S MORE EFFECTIVE AND UH, ANALYZING THE ROUNDABOUT FUNCTIONALITY COMPARED TO SYNCHRO 12. UM, BUT ALL OF THE MODELING WILL BE DONE IN CURRENT YEAR, IN OPENING YEAR AND HORIZON YEAR AS WELL IN THE MORNING AND EVENING PEAK PERIODS 'CAUSE THOSE ARE THE MOST CRITICAL TIME WINDOWS FOR THAT KIND OF, UH, CONCENTRATED TRAVEL. UM, AND THEN THE WAY THAT THE OUTPUTS THAT WE EXPECT ARE THE ANALYSIS IS GONNA BE, UM, MEASURES OF, UH, EFFECTIVENESS, WHICH WILL INCLUDE THE CONTROL DELAY. SO THAT WOULD BE, UM, YOU KNOW, HOW LONG IS EACH MOVEMENT OR EACH APPROACH HAVING TO WAIT TO CLEAR THE INTERSECTION, WHAT IS THAT Q BACKUP LOOKING LIKE? UM, AND THEN WHAT IS THE LEVEL OF SERVICE, SORRY, THERE'S A TYPE ON THAT THAT SHOULD BE S UH, WHAT IS THE LEVEL OF SERVICE THAT'S USUALLY MEASURED FROM A TO E, UM, BASED ON THE DELAY AND THEN THE Q LENGTH AND THEN THE VOLUME OF CAPACITY. AND THEN IN ADDITION, UH, WE'LL OPEN FOR PERFORM A MORE DETAILED CRASH ANALYSIS. SO THIS IS ALL PART OF THE I A A. UM, SO WE'LL CONDUCT OR CONSULTANT WILL CONDUCT, UM, A SAFETY PERFORMANCE, UH, FOR INTERSECTION CONTROL EVALUATION OR SPICE. UM, AND THIS WILL INCLUDE THE BIKE AND SAFETY ELEMENTS. I KNOW SOME OF THESE ACRONYMS ARE INTERESTING. UM, AND THEN THE CRASH ANALYSIS WILL ALSO EXAMINE THE, UH, CRASH DATABASE, UH, DATA FROM TEXT.TO IDENTIFY WHAT COULD BE THE POTENTIAL CAUSES OF CRASHES. SO THERE ARE CERTAIN CRASHES THAT ARE VERY CONDUCIVE TO BE PREVENTED BY CERTAIN INTERSECTION CONFIGURATIONS. SO THAT'S WHAT THIS ANALYSIS WILL TELL US IS WHAT IS THE MOST EFFECTIVE [04:15:01] WAY TO MANAGE THESE, UH, MITIGATE OR MINIMIZE THESE CRASHES AT THESE INTERSECTIONS. UH, THE CONSULTANT WILL ALSO BE PREPARING SOME PRELIMINARY CONCEPTUAL EXHIBITS, AND I WANNA EMPHASIZE THE WORD CONCEPTUAL. UM, 'CAUSE IT IS GOING TO BE MORE TO JUST SHOW US WHAT THE FOOTPRINT OF WHATEVER THE, UH, PROPOSED INTERSECTION ALTERNATIVES ARE LOOK GOING TO LOOK LIKE. UM, AT THIS POINT THEY WILL NOT BE DIVING INTO ANY SORT OF LIKE RIGHT OF WE NEEDS UTILITIES OR ANYTHING LIKE THAT. IT'S JUST TO VISUALIZE WHAT THAT INTERSECTION CONFIGURATION COULD LOOK LIKE. UM, THEY'LL ALSO BE PROVIDING A MATRIX AND DOCUMENTING KIND OF THEIR WHOLE METHODOLOGY, THEIR ANALYSIS, THEIR EVALUATION, THE RECOMMENDATIONS, UM, SO THAT THEY CAN IDENTIFY THE DIFFERENT ALTERNATIVES AND THEN KIND OF RANK THEM, UM, BASED ON THEIR WAY, UM, RATING AND WHAT THEY WOULD RECOMMEND. IT WOULD ALSO IDENTIFY ANY FATAL FLOSS FOR EACH ALTERNATIVE IF THERE ARE ANY. UM, AND THEN WE INTEND TO PACKAGE THIS UP SO THAT IT'S A TECHNICAL MEMO PER INTERSECTION. THAT WAY WE CAN KIND OF KEEP THEM SEPARATE, UM, SO THAT IT'S NOT LIKE A THOUSAND PAGES OF INFORMATION JUST, UM, SHARED WITH WHETHER IT'S COUNCIL OR COMMUNITY. AND THEN IT WILL DOCUMENT ALL OF THE ABOVE ANALYSIS THAT IT MENTIONED, LIKE THE OPERATIONAL SAFETY ANALYSIS AND, UH, CONSTRUCTABILITY TO A CERTAIN EXTENT AND THEN SOME VERY HIGH LEVEL CONCEPTUAL COSTS. AND AT THE END OF THAT PROCESS AND WHAT WE WILL COME BACK TO COUNCIL WITH, UM, IN THAT KIND OF SMALLER BITE-SIZED PACKAGES IS GONNA BE THE TWO HIGHEST RANKED ALTERNATIVES FOR EACH INTERSECTION. AND THEN WE'LL SEEK COUNCIL INPUT AT THAT POINT. UM, PHASE TWO OF THE ANALYSIS, ONCE WE'VE GOT COME BACK AND GOTTEN COUNSEL INPUT ON THE TWO HIGHEST RANKED ALTERNATIVES WILL GO BACK, THE CONSULTANT WILL GO BACK AND THEY'LL PERFORM A BENEFIT COST ANALYSIS, UH, WHICH WILL INCLUDE ESTIMATING THE LIFECYCLE COST FOR EACH ALTERNATIVE, INCLUDING THE RIGHT OF WAY CONSTRUCTION AND LONG-TERM MAINTENANCE COSTS. UM, ALSO MONETIZING, THERE IS A FORMULA, UH, 'CAUSE AGAIN, ENGINEERS NUMBERS. UM, THERE IS A FORMULA FOR CALCULATING THE OPERATIONAL AND SAFETY BENEFITS, UM, BASED ON THE TYPE OF CRASHES AND THE NUMBER OF CRASHES THAT COULD BE PREVENTED WITH THE SPECIFIC INTERSECTION ALTERNATIVES. AND THEN ALSO THERE'S A WAY TO CALCULATE DOLLARS ASSOCIATED WITH THE DELAY AS WELL, SO THEY'LL, UM, CA UH, SUMMARIZE ALL OF THAT IN, UH, PHASE TWO OF THE SCOPE, AND THEN THEY'LL LOOK MUCH CLOSER INTO THE FOOTPRINT AND THE CONSTRUCTABILITY CHECK TO SEE WHAT CHALLENGES ARE OUT THERE AT THE INTERSECTIONS IN TERMS OF RIGHT OF WAY ANY OTHER IMPACTS, ENVIRONMENTAL, UH, CHALLENGES THAT WE MAY RUN INTO UTILITY CONFLICTS. UM, AND THEN, UH, THEY CAN DETERMINE, UM, WHO THE STAKEHOLDERS ARE AND THEN MEET WITH THEM. AND THAT WOULD BE MORE SPECIFIC TO LIKE ANY CRITICAL, UM, CONSTRAINTS THAT WE MIGHT RUN INTO. AND THEN THE FINAL TECH MEMO WOULD SUMMARIZE ALL OF THE ABOVE, AND THEN THEY WOULD MAKE A RECOMMENDATION FOR THE FINAL INTERSECTION DESIGN. AND WITH THAT, I'M GONNA PASS IT BACK TO LOU TO TALK ABOUT COSTS. UM, THEY HAVE A PRETTY DETAILED COST BREAKDOWN. SO THERE'S PHASE ONE, UM, THERE'S PHASE TWO. UM, WE'RE LOOKING AT $478,638 AND 51 CENTS FOR TO PERFORM THE TOTAL, UM, OF THIS TASK ORDER. WOULD YOU HAVE THREE OPTIONS IN FRONT OF YOU TODAY? FIRST IS APPROVE THIS TASK ORDER AS DRAFTED. UM, OPTION TWO IS TO NOT APPROVE. OPTION THREE IS TO APPROVE WITH ANY REVISION. SO IF THERE'S ANY SCOPE THAT YOU WANNA ADD OR REDUCE, THIS WILL COME WITH OPTION THREE. HOWEVER, WE DO ASK THAT, UM, BECAUSE WE HAVE TIME SENSITIVE PROJECTS AND SOME OF THOSE, UM, WE, WE NEED THIS, UM, THIS DIRECTION AS SOON AS POSSIBLE. SO WE DO ASK IF YOU CHOOSE TO GO TO OPTION THREE WITH ANY REVISIONS. UM, WE ASK THAT YOU APPROVE THIS TASK ORDER WITH THE CONDITION THAT WE COME BACK WITH AN AMENDMENT, BUT WE DO NEED TO START COLLECTING COUNTS AS SOON AS POSSIBLE. SO WITH THAT, UM, I'LL TAKE ANY QUESTIONS. ARE WENDY HILL AND CENTER STREET, ARE THOSE THE ONLY TWO THAT ARE LIKE IN PROGRESS? OKAY. MM-HMM . ALL RIGHT. SO QUESTIONS, COUNCIL MEMBER HARRIS, HOW LONG WILL THIS STUDY TAKE? UH, RIGHT NOW WE'RE LOOKING BECAUSE WE'RE TAKING IT IN BATCHES. SO THE FIRST, UH, PRIORITY SET, UM, WE'RE LOOKING AT BRINGING SOMETHING, UM, THE END OF SEPTEMBER, BEGINNING OF OCTOBER-ISH. IF WE START NOW, UM, THE WHOLE TASK ORDER WE'RE LOOKING AT BY THE END OF THE YEAR. OKAY. UM, AND WE'VE GOT THE COST. UH, I'M REALLY CONCERNED THAT THIS EVALUATION DID NOT SLOW DOWN PROGRESS ON OUR CONSTRUCTION PROJECTS. UM, THEY'RE A LITTLE BEHIND WHERE THEY SHOULD BE ANYWAY. UM, I'M REALLY CONCERNED ABOUT THE ROUNDABOUTS AT KOHLER'S CROSSING, [04:20:01] UM, FOR SANDERS AND BENNER. UH, THERE, THERE IS AN IMMEDIATE NEED FOR VEHICLE AND PEDESTRIAN SAFETY THERE, AND TO HAVE THOSE DELAY. THE, THE EASEMENTS HAVE BEEN PURCHASED. THE, UM, UTILITIES HAVE BEEN UNDERGROUNDED THERE, I BELIEVE. SO THEY, THOSE TWO INTERSECTIONS WERE READY TO GO AND THEY'VE BEEN DELAYED. UM, AS A MATTER OF FACT, THERE WAS A ROLLOVER ACCIDENT JUST LAST WEEK, AND I HAVE A FRIEND THAT, THAT LIVES IN FROM CREEK, WHO DAUGHTER WAS SERIOUSLY INJURED IN AN ACCIDENT THERE, AND THAT'S GOING TO BE LONG-TERM INJURIES FOR HER. SO THERE HAVE BEEN A LOT OF WRECKS THERE. UM, UH, IF THEY'RE GOING TO BE REEVALUATED, I WOULD HOPE THOSE ARE DONE IMMEDIATELY BECAUSE IT IS AN IMMEDIATE NEED FOR SAFETY. UM, I'D LIKE TO READ AN EMAIL FROM ONE OF OUR RESIDENTS THAT EXPRESSES WHAT I'VE BEEN HEARING FROM, UM, ESPECIALLY THE PLUM CREEK RESIDENTS. UH, AS THAT'S PART OF MY DISTRICT, AS A RESIDENT OF KYLE, I USE KOHLER CROSSING EVERY DAY DURING SCHOOL DROP OFF AND DISMISSAL TIMES. TRAFFIC ON KOHLER'S CROSSING IS OFTEN WORSE THAN I 35, WHICH OF COURSE IT IS IN ALL SCHOOL ZONES. , UM, WHICH SHOULD BE A SIGNIFICANT CONCERN. THE ADDITION OF ROUNDABOUTS WAS ALREADY APPROVED AS PART OF THE ROAD BOND, UM, AND THE PRELIMINARY ENGINEERING STUDIES IDENTIFIED THEM AS THE SAFEST AND MOST EFFECTIVE SOLUTION FOR IMPROVING TRAFFIC FLOW AND REDUCING CONGESTION. GIVEN THE WORK THAT HAS ALREADY BEEN COMPLETING, ITS DIFFICULT TO UNDERSTAND WHY THE CITY IS SPENDING ADDITIONAL TIME AND RESOURCES REEVALUATING STUDIES THAT HAVE ALREADY PRODUCED CLEAR RECOMMENDATIONS. TAXPAYER DOLLARS SHOULD BE FOCUSED ON IMPLEMENTING SOLUTIONS THAT ARE ALREADY SUPPORTED BY ENGINEERING ANALYSIS RATHER THAN REVISITING CONCLUSIONS THAT HAVE PREVIOUSLY BEEN ESTABLISHED. THE NECESSARY IMPROVEMENTS AT THINNER AND SANDERS HAVE ALREADY BEEN IDENTIFIED AS IMPORTANT MEASURES TO IMPROVE BOTH SAFETY AND TRAFFIC FLOW. ALONG KOHLER'S CROSSING FROM A RESIDENT'S PERSPECTIVE, REPEATEDLY RECONSIDERING PREVIOUSLY APPROVED AND PROFESSIONALLY RECOMMENDED PROJECTS CREATES THE APPEARANCE OF INDECISION AND POOR STEWARDSHIP OF PUBLIC RESOURCES. IT ALSO RAISES CONCERNS ABOUT WHETHER THESE PROJECTS ARE BEING DELAYED FOR REASONS UNRELATED TO THEIR MERIT OR BENEFIT TO THE COMMUNITY. LEADERSHIP REQUIRES THE ABILITY TO MOVE FORWARD WITH SOUND DECISIONS THAT SERVE THE LONG-TERM INTEREST OF THE CITY AND ITS RESIDENTS. I ENCOURAGE CITY LEADERSHIP TO FOCUS ON IMPLEMENTING PROVEN SOLUTIONS THAT IMPROVE SAFETY, REDUCE CONGESTION, AND ENHANCE THE QUALITY OF LIFE FOR THE PEOPLE OF KYLE RESIDENTS TO SERVE DECISIONS THAT PRIORITIZE THE COMMUNITY'S NEEDS OVER POLITICS, PERSONAL AGENDAS, OR ADMINISTRATIVE TURNOVER. AND I, I CAN'T AGREE MORE, UH, WITH WHAT SHE HAS TO SAY. I THINK THAT, UM, ESPECIALLY THESE TWO ROUNDABOUTS WERE STUDIED, IT DOESN'T REALLY MATTER IF IT WAS STUDIED DURING A A SCHOOL TIME OR NOT. THERE'S ALWAYS TRAFFIC THERE. UM, AND AS YOU'VE INDICATED, THE LIGHTS ON EITHER SIDE, 16, 26 AND 27 70 WOULD HAVE TO BE CON COORDINATED WITH THE ROUNDABOUT TRAFFIC. AND THERE'S ABILITY TO DO THAT. UM, MOVING STUDENTS AND, UM, PARENTS INTO THE SCHOOL ZONES, THREE SCHOOLS RIGHT THERE, UM, REQUIRES THE COOPERATION OF THE SCHOOL DISTRICT AS WELL. BUT THAT THOSE INTERSECTIONS ARE EXTREMELY DANGEROUS. I HAVE SEEN SO MANY PEOPLE ALMOST GET HIT, ESPECIALLY AT THAT BENNER ONE, BECAUSE THE VISIBILITY IS ZERO. IT, AND THE TRAFFIC IS VERY FAST COMING THROUGH THERE. UM, I, I'D LIKE TO SEE THESE DONE IMMEDIATELY. I THINK WE HAVE THE STUDIES THAT SUPPORT THAT THE RESIDENTS WANT IT. UM, AND I THINK THAT THEY JUST REALLY, REALLY ARE AN EMERGENCY SITUATION FOR A CITY. OKAY. UM, COMMENTS, MAYOR PRO, TIM TOBIAS, UH, YOU'RE RIGHT. I AGREE. SPEED. I'VE YET TO SEE A ROUNDABOUT OR A TRAFFIC LIGHT OR A STOP SIGN GO TO TRIAL BECAUSE THEY INJURED SOMEBODY. IT'S THE DRIVER BEHAVIOR, NOT THE INTERSECTION. LET'S LOOK AT THE ROOT OF THE PROBLEM. THE SPEED OF THE PEOPLE, PEOPLE ARE SPEEDING. THAT ACCIDENT THAT HAPPENED OVER THERE, THAT WE GOT A RESPONSE FROM, FROM WHO [04:25:01] WAS IT? THE RESIDENT SAYING THAT THE CAR FLIPPED. WHAT WAS THE OUTCOME ON THAT? UM, WE WERE INFORMED WAS, UH, THEY FAILED DEAL THE RIGHT OF WAY. MM-HMM . WHICH IS A CONTINUOUS PROBLEM ACCORDING TO THE REPORT THAT WE READ, WHICH IS ALSO AN ISSUE WHEN YOU COME TO A RUNABOUT. UM, ALSO THAT'S WHAT WE GOT FROM THE, IT WAS JUST FILLING THE YIELD THE RIGHT OF WAY. IT DOESN'T MATTER WHAT THE SPEED WAS. AND ALSO I THINK THERE WAS SOME ALCOHOL INVOLVED MM-HMM . AND SO IT WAS A COMBINATION AND IT WASN'T JUST ONE THING. IT WASN'T, IT WASN'T, IT WAS DRIVER FAULT, ESSENTIALLY. YEAH. YOU SAY IT. AND SO, YEAH, IT IS USUALLY WHAT IT IS, AND THAT'S WHAT IT IS. IT'S DRIVER BEHAVIOR. AND SO IT'S, IT'S, UM, I I GET THE POINT. I DON'T WANNA SLOW DOWN ANY OF THESE ROADS EITHER. UM, ESPECIALLY LIVING HERE, ALMOST HALF MY LIFE, THESE ROADS OR DESPERATE NEEDS SHOULD HAVE BEEN DONE 25 YEARS AGO. UM, BUT AS FAR AS LOOKING AT THE ANALYSIS, UM, OF WHAT IT WAS DONE BEFORE, I MEAN, IF, IF WE WERE, WE WERE OKAY TO SPEND SEVEN OR $8 MILLION, OR EVEN $4 MILLION ON A ROUNDABOUT, YOU KNOW, TIMES 19 THAT WE HAVE PROPOSED FOR THIS CITY, HOW MANY, HOW MANY MILLIONS OF DOLLARS IS THAT GONNA COST US IN THE LONG RUN VERSUS MAKING SURE THAT WE HAVE THE, THE MOST ACCURATE INFORMATION FROM WHAT WE HAD FOUR YEARS AGO? BECAUSE AGAIN, OUR POPULATION HAS INCREASED AND THE TRAFFIC LOAD HAS GOTTEN EVEN WORSE. I MEAN, WE JUST SAW AN EMAIL TODAY ABOUT 1626 AND, UM, PARKWAY, HOW IT'S TAKING SOMEBODY 25 MINUTES JUST TO GET THROUGH THAT INTERSECTION. SO YOU HAVE ROUNDABOUTS THAT GONNA CONTINUE ON, CONTINUE ON, CONTINUE ON, AND THEN BOOM, YOU'RE GONNA HIT ANOTHER STOP LANE. RIGHT? AND, UH, YOU'RE GONNA BE STUCK IN THAT ROUNDABOUT NO MATTER WHAT. NO MATTER WHAT YOU'RE GOING TO, YOU'RE GONNA HAVE THAT. BUT THE THING ABOUT IT IS, IS THAT, I MEAN, WE COULD ALL DISAGREE, AND, YOU KNOW, I COULD BE WRONG. I COULD BE WRONG, DR. HARRIS, I COULD BE TOTALLY WRONG, OKAY? MM-HMM . AND, AND, AND, BUT I, I, I JUST THINK THAT, UM, I, AND I UNDERSTAND IT'S A, IT'S A $400,000 PRICE TAG OR 600,000. LET'S GO WITH THAT TRACY 600,000 PRICE TAG. UM, IT'S JUST GONNA BE A MATTER OF, UH, OF WHAT THE REST OF THE COUNCIL'S GONNA WANT TO DO ON THIS END. OKAY. COUNCIL, COUNCIL MEMBER HARRIS OR MCKINNEY? YES. THANK YOU. UM, I, I SEE THIS AS PARALYSIS BY ANALYSIS. UH, WE, NO TRAFFIC STUDY IS GONNA BE PERFECT. THE, THE TRAFFIC STUDIES THAT WE'RE TALKING ABOUT DOING NOW, IF, IF THIS COUNCIL AGREES TO DO THAT, IT'S STILL NOT GONNA BE PERFECT. AND THE ONES THAT WE HAVE, HAVE BEEN GOOD ENOUGH. UH, I FEEL LIKE ALL WE'RE DOING IS PUTTING OUR RESIDENTS IN DANGER, DELAYING PROJECTS, UH, FOR, FOR WHAT? UH, I HAVE A HARD TIME, YOU KNOW, JUSTIFYING ANY ADDITIONAL DELAYS. IT'S JUST THAT YOU, YOU CAN KEEP ASKING FOR INFORMATION AND YOU KNOW, AT SOME POINT YOU ACTUALLY HAVE TO DO SOMETHING WITH IT. SO THAT'S WHERE I'M AT. ALL RIGHT. COUNCIL MEMBER ZAPATA. UM, CAN YOU EXPLAIN TO ME WHAT THE DIFFERENCES BETWEEN THE PHASE ONE AND PHASE TWO PORTIONS OF THIS COMPARED TO WHAT WE ALREADY DONE? ARE, UM, ARE THERE CERTAIN ASPECTS OF IT THAT ARE REDUNDANT? IF SO, WHAT ARE THOSE? AND IF THERE ARE ASPECTS OF IT THAT ARE DIFFERENT, IF SO, WHAT ARE THOSE? UM, I THINK BECAUSE THE TRAFFIC ANALYSIS THAT ALREADY PERFORMED, UM, HAVE THE ODOR INFORMATION AND THE ODOR TRAFFIC COUNTS. SO THIS IS STARTING FROM, UM, ASSUMING NOTHING HAS BEEN DESIGNED FOR THESE INTERSECTIONS. SO WE'RE LOOKING AT VIRGIN INTERSECTIONS. UM, PHASE ONE'S GONNA LOOK FROM KIND OF A, UM, LARGER SCALE ON WHAT POSSI WHAT. SO PHASE ONE IS LOOKING AT THE INTER, UH, INTERSECTION ALTERNATIVE ANALYSIS, AND THEN LOOKING AT ALL POSSIBILITIES. THEY ARE GONNA RANK THEM, UM, OF ALL THE RECOMMENDATIONS. THIS IS, THIS GOES MORE THAN JUST SIGNAL AND ROUNDABOUT. THERE'S OTHER POSSIBLE TREATMENTS FOR THE INTERSECTION. SO WE'RE GONNA LOOK AT ALL OF THEM. PHASE TWO, WE'RE GONNA PICK THE TOP TWO OPTIONS, BRING THEM BACK TO COUNCIL AND GIVE A DETAILED ANALYSIS ON COST BENEFIT, AND THEN HAVE COUNSEL HAVE AN INFORMED DECISION. OKAY. SO THAT WOULD BE THE MAIN DIFFERENCE IS THAT IT'S LOOKING AT VARIOUS OTHER INTERSECTION OPPORTUNITIES VERSUS JUST A SIGNAL [04:30:01] AND A ROUNDABOUT. BUT AS FAR AS ALL OF THE DATA COLLECTED AND THE ANALYSIS THAT IT, THAT HAS, THAT IT'S BEING COLLECTED, UM, I'VE READ EVERY SINGLE ONE OF OUR PRELIMINARY ENGINEERING REPORTS, UH, AND THEY ALL REFLECT THE SAME THINGS THAT WE ARE DISCUSSING IN PHASE ONE AND PHASE TWO. UM, IT DOESN'T SEEM LIKE ANY PORTION OF THE ANALYSIS OR DATA COLLECTION MENTIONED IN PHASE ONE OR PHASE TWO. IT DEFERS FROM WHAT THESE ANALYSES HAVE ALREADY DONE. UM, AND SO WE'VE ALREADY DONE THIS ONCE. I MEAN, I THINK EVERYONE KNOWS WHERE I STAND ON THIS. IT'S A WASTE OF MONEY. WE'RE SPENDING HALF A MILLION DOLLARS ON REHASHING THIS OUT. WE ARE SPENDING NEARLY $394,000 FROM OUR 2022 ROAD BOND, NEARLY, WHAT IS IT? 80, WHATEVER THE REMAINDER LEFT OVER IS FROM THET NUMBER TWO, UH, THE FUND, UM, WE'RE CREATING DELAYS. UH, THAT'S WHY I WAS REALLY, REALLY SURPRISED AT FIRST, THE FIRST TIME THAT THIS PASSED, THAT WE GOT AN EMAIL SAYING, OH NO, THERE'S NOT GONNA BE ANY DELAYS. I WAS LIKE, THAT'S KIND OF IMPOSSIBLE. UM, AND THOSE DELAYS ARE GONNA CREATE ADDITIONAL COSTS. UM, SO IT'S NOT JUST IN TERMS OF COSTS FINANCIALLY, IT'S ALSO A DIRECT FINANCIAL COST. IT'S ALSO THE INDIRECT FINANCIAL COSTS. UM, BECAUSE I THINK MY NEXT QUESTION IS, UM, WHAT IS THE PLAN THEN FOR THE, UH, PROJECTS THAT WE HAVE UNDERWAY WHERE WE'RE GETTING FEEDBACK FROM THOSE THAT WE'RE ALREADY IN CONTRACT WITH, UH, THAT THERE MIGHT BE DELAYS. LIKE WHAT, WHAT SORT OF RESOLUTION ARE WE EXPECTING WITH THAT? WOULD WE HAVE A TASK ORDER COME BACK FOR EXTENSION OF THE CONTRACT AND WOULD THERE BE A COST ASSOCIATED WITH IT? SO, UM, THERE IS GONNA BE A COST ASSOCIATED WITH IT. MM-HMM . UM, IDEALLY WE WANNA KEEP IT WITHIN THE CONTINGENCY. SO THE POINT OF WHEN WE TAKE A CONSTRUCTION CONTRACT, WE APPLY 10% CONTINGENCY IS TO COVER THE UNEXPECTED. AND, UM, WE TRY TO KEEP THIS, UM, UM, THE, ANY OF THE DELAYS AND CHANGE ORDERS GENERATED FROM THIS TO BE WITHIN THAT CONTINGENCY. UM, WHAT WE'RE TRYING TO DO RIGHT NOW IS WORKING WITH THE CONTRACTOR TO LOOK AT ALL THE OTHER ASPECT OF THE PROJECT, IF THEY CAN WORK ON SOMETHING ELSE OR A DIFFERENT LOCATION OF THIS PROJECT, OR START FROM THE OTHER END WHILE WE WAIT ON THIS STUDY. AND, UH, WE'RE TRYING TO MAKE THAT TRANSITION. SO THAT'S HOW WE'RE MANAGING THAT. WHAT HAS THEIR FEEDBACK, UH, BEEN SO FAR? UH, THE CONTRACTOR MM-HMM . I MEAN, THEY'RE WILLING TO WORK WITH US. THEY DO, THEY DID EXPLAIN CONCERN OF CLAIM DAYS AND DELAYS OF THE PROJECT BECAUSE WE DO HAVE LD IN THE, UH, LIQUID DAMAGE IN THE CONTRACT. MM-HMM . SO, UM, BUT WE ARE WORKING WITH THEM TRYING TO MINIMIZE THAT. OKAY. UM, I THINK I EXPECT THAT IT WOULD LIKELY GO OVER THAT CONTINGENCY AMOUNT, UM, EVEN IF IT'S BY A SMALL AMOUNT. I'M KIND OF, THAT THAT'S WHAT I'M EXPECTING TO HAPPEN. UM, AND THEN THAT ALSO DOESN'T ACCOUNT FOR ANY FUTURE TASK ORDERS THAT MAY BE ASSOCIATED BECAUSE AS WE'VE ALL LEARNED IS THAT AS WE PROCEED WITH WORK, THERE'S GOING TO BE POSSIBLE OTHER TASK ORDERS THAT COME TO US, UM, AS THEY START DIGGING AND FIND THINGS AND HAVE TO CHANGE THINGS. SO THERE'S GOING TO BE OTHER TASK ORDERS ALREADY, PRESUMABLY, THAT WE CAN EXPECT TO COME FORWARD THAT DON'T INCLUDE ANY CHANGES MADE TO THIS. IN ADDITION TO THAT, IN THE PRELIMINARY ENGINEERING REPORTS, FOR A LOT OF THE EAST SIDE INTERSECTIONS, THEY SPECIFICALLY LAY OUT THE REASONING THAT THEY RECOMMENDED ROUNDABOUTS HAS TO DO WITH THE CURVATURE OF THE ROADS. UM, IN THE, UH, INSTANCE, AND, AND I'M TRYING TO REMEMBER WHICH ONES EXACTLY, BUT THEY LAID OUT SPECIFICALLY THAT A FOUR-WAY INTERSECTION, UM, WOULD REQUIRE MORE ROAD ALIGNMENT, UM, AND RIGHT OF WAY ACQUISITION IN ORDER TO HELP CREATE, I GUESS MORE LIKE OF A STRAIGHT, I DON'T KNOW. I'M NOT SURE WHAT WHAT IT'S CONSIDERED, BUT IT TALKED ABOUT HAVING TO CREATE SOME OF THAT SO IT WOULD BE MORE EXPENSIVE ADDITIONALLY, AND ALSO REQUIRE MORE LAND ACQUISITION. UM, SO WE'RE TALKING ABOUT ADDING HUNDREDS OF THOUSANDS OF DOLLARS OF, OF MORE COSTS. IT'S ALREADY BEING PROPOSED AT NEARLY HALF A MILLION. IT'S, I THINK WHAT I WOULD JUST APPRECIATE MORE IS IF WE COULD JUST BE MORE FORTHRIGHT IN SAYING, I JUST DON'T LIKE ROUNDABOUTS AND SO I JUST WANNA REDO THEM. OKAY. I'M GONNA CALL A POINT OF ORDER. THERE'S NOT SUPPOSED TO DEBATE UNTIL, OR YOU CAN ASK QUESTIONS, BUT THIS IS, THAT'S NOT A CONVERSATION FOR LOU. AND SO I AM HOPING THAT AS WE MOVE FORWARD WITH THIS PROJECT OR MOVE FORWARD WITH THESE PROJECTS, [04:35:01] THAT THIS WILL BE THE, IT, THIS WILL BE THE, YOU KNOW, THIS, THIS WILL BE THE FINAL SAY OF WHAT IT IS THAT WE DO. UM, I WAS WONDERING, UH, KIND OF PIGGYBACKING OFF OF WHAT COUNCIL MEMBER HARRIS HAD POINTED OUT FOR THE ROUNDABOUTS THAT ARE, UM, ARE CALDER'S CROSSING, UM, IF WE WERE TO MOVE THOSE INTO PHASE ONE, WHAT WOULD THAT COST LOOK LIKE? UM, I DON'T HAVE THE COSTS BROKEN OUT HERE, BUT I THINK, YEAH. UM, I, ALL THE INTERSECTIONS, THE 12 INTERSECTIONS THAT WERE SELECTED FOR THIS, UM, ARE PART OF PHASE ONE. THEY'LL ALL GO THROUGH THE PHASE ONE PROCESS. WHAT IS SLIGHTLY DIFFERENT IS HOW WE PRIORITIZE THEM. SO RIGHT NOW, AS LOU HAD MENTIONED EARLIER, YOU KNOW, THE CENTER STREET, UM, PROJECT AND THEN THE WINDY HILL HAVE ALREADY BEEN LED AND YOU KNOW, THE CONSTRUCTION IS HAVING TO PIVOT TO ACCOMMODATE THE INTERSECTION ANALYSIS WE'RE HAVING TO DO. SO WE'VE PRIORITIZED THOSE AS LIKE THE FIRST FOUR TO SIX WEEKS FROM TASK ORDER APPROVAL FOR CONSULTANT TO COME BACK WITH THE PHASE ONE RECOMMENDATIONS. UM, YOU KNOW, IF THE INTENT FOR COUNCIL IS TO ADD THE TWO INTERSECTIONS ON KOHLERS AS WELL INTO THAT FIRST ROUND OF, UH, INTERSECTION THAT THEY'LL TAKE A LOOK AT, UH, WE CAN CERTAINLY HAVE THAT CONVERSATION WITH THEM. UH, I DON'T NECESSARILY THINK THAT THERE'S GONNA BE A COST IMPACT, BUT I AM NOT THE CONSULTANT, SO WE WILL HAVE THAT DIALOGUE WITH THEM. UM, BUT IT'S JUST A MATTER OF LIKE PRIORITIZING HOW MANY INTERSECTIONS WE WANNA TRY AND COMPLETE IN THE FOUR TO SIX WEEKS. BUT I DO WANNA JUST NOTE THAT IT IS A FOUR TO SIX WEEK TIME PERIOD AND THERE'S ONLY SO MANY HOURS IN A DAY. SO, UH, WE'LL HAVE TO LOOK AT, YOU KNOW, WHAT IS TRULY FEASIBLE FOR THEM TO KIND OF GO THROUGH ALL THE STEPS OF PHASE ONE IF WE WANNA ADD, INCREASE THAT FA UH, ROUND ONE OF PHASE ONE FROM THREE TO FIVE INTERSECTIONS. OKAY. HOPEFULLY THAT ANSWERED YOUR QUESTION. I THINK THAT'S WHERE YOU'RE GETTING AT. YES, IT DOES. I JUST WANTED TO BETTER UNDERSTAND WHAT THE COST IMPACT WOULD BE. UH, BECAUSE AS WE'VE SEEN, AND WE'VE GOTTEN A LOT OF EMAILS TODAY, UH, FOR THOSE INDIVIDUALS WHO USE THAT INTERSECTION A LOT, THERE ARE MANY, MANY SAFETY CONCERNS. UM, AND I EXPERIENCED THEM AS WELL. UH, AND I KNOW THAT WE, UH, THERE'S AN OVERSIMPLIFICATION OF, IT'S ABOUT THE PEOPLE WHO, WHO ARE DRIVING ABOVE THE SPEED LIMIT. AND SOMEHOW THAT IS SUPPOSED TO BE ENOUGH OF A CONCLUSION IN ORDER TO, UM, IS THERE A QUESTION ALLEVIATE SOME OF THIS? UM, BUT I THINK MY QUESTION IS GOING TO BE, UM, CAN YOU REITERATE, UM, FROM THE PRELIMINARY ENGINEERING REPORTS, UH, WHY IT WAS THAT ROUNDABOUTS WERE RECOMMENDED IN TERMS OF LIKE SPEED AND BEING ABLE TO SLOW DOWN THAT TRAFFIC? YEAH. UM, I'LL BE GOING OFF MEMORY IN A LITTLE BIT OF MY BACKGROUND. UM, I DON'T REMEMBER THE EXACT LANGUAGE IN THERE. UM, BUT, UM, IN, IN GENERAL, ROUNDABOUTS TEND TO HAVE A NARROWER APPROACH SPEED BECAUSE OF THE CURVATURE IN WHICH THEY'RE DESIGNED. UM, SO TYPICALLY THAT TENDS TO BE 15 TO 25 MILES PER HOUR. SO OF COURSE IF SOMEONE IS INTENT ON REALLY ACCELERATING THROUGH ANY ROADWAY OR INTERSECTION, THEN THAT, THAT IS THEIR CHOOSING. BUT THE ROADWAY ITSELF IS NOT CONDUCIVE IN A ROUNDABOUT CONFIGURATION TO ALLOW FOR HIGHER SPEEDS. UM, BUT TRAFFIC SIGNALS, UH, THERE ARE SCENARIOS WHERE, UH, IT'S, YOU KNOW, EITHER PEOPLE ARE TRYING TO RIDE THE GREEN WAVE OR, UH, THEY'RE TRYING TO, UM, YOU KNOW, GUN IT THROUGH THE, UH, AMBER OR THE YELLOW FACE OF THE INTERSECTION, OR SOMETIMES THERE'S RED LIGHT RUNNING 'CAUSE THEY THINK THEY'RE HITTING THE INTERSECTION AT YELLOW, UM, BUT THEY TEND TO GO THROUGH AT RED. UM, SO THERE ARE SOME SCENARIOS WHERE, UM, THE ROUNDABOUTS, BECAUSE OF THE DESIGN, UM, THAT THEY HAVE TEND TO CREATE SLOWER SPEEDS. UM, AND THAT'S JUST LIKE A FUNCTION OF THEIR DESIGN BASICALLY. MM-HMM . UM, BUT THAT, THAT SPECIFICALLY HAS TO DO WITH THE SPEEDING. OKAY. NO, I APPRECIATE THAT. AND THEN CAN YOU ALSO CLARIFY THE PEDESTRIAN, UH, AMENITIES THAT WE WERE GOING TO PROPOSE AS A PART OF THOSE ROUNDABOUTS? UH, 'CAUSE I KNOW THAT'S A BIG CONCERN WITH, UH, THE SCHOOLS THAT ARE LOCATED ON THAT KOHLER'S CROSSING AREA. YEAH, SO, UM, I BELIEVE SPECIFICALLY ON KOHLER'S CROSSING, UH, WE WERE, UH, RECOMMENDING AND THE DESIGNS I THINK INCLUDED THE, WHAT'S CALLED THE RECTANGULAR RAPID FLASHING BEACON. SO THEY'RE, UH, PUSH BUTTON ACTIVATED. THEY'RE THE YELLOW, UH, WARNING LIGHTS THAT ARE RECTANGULAR IN SHAPE AS THE NAME [04:40:01] SUGGESTS THE RFPS. UM, SO WHEN PEDESTRIANS APPROACH THE, UM, WHETHER EACH CORNER OF THE INTERSECTION TRYING TO CROSS A SPECIFIC LEG, THEN THEY WOULD PUSH THE BUTTON AND THEN THE LIGHTS WOULD START FLASHING INDICATING THE DRIVER THAT, UM, YOU KNOW, THERE'S A PEDESTRIAN, UH, CROSSING. WE TEND TO USE THIS AT EXISTING SCHOOL CROSSINGS. WE HAVE, UM, THE ONES ON DACY OR THE ONES AT VETERANS AND GREG, FOR EXAMPLE. IT WOULD BE THAT KIND OF CONFIGURATION, BUT, UM, EQUIPPED, UH, FOR ALL FOUR CROSSINGS AT EACH OF THOSE INTERSECTIONS. OKAY. AND THEN I, I BELIEVE IT WAS MY UNDERSTANDING THAT THE REFUGE ISLANDS TWO WERE GOING TO BE LARGER THAN WHAT IS RECOMMENDED. LIKE WE WERE GOING KIND OF ABOVE, UH, INCREASING THE REFUGE ISLAND SIZE. I DO NOT REMEMBER THE DESIGN DETAILS TO THAT LEVEL OF DETAIL. UM, THERE IS A MINIMUM REFUGE ISLAND WIDTH, UM, THAT WOULD BE ACCOMMODATED, WOULD'VE BEEN ACCOMMODATED AT ALL OF THOSE INTERSECTIONS. BUT ANYTHING BEYOND THAT WOULD JUST BE BASED ON SPACE CONSTRAINTS AND TRYING TO ACCOMMODATE THE, UH, VEHICULAR LANES AND THINGS LIKE THAT. OKAY. ALRIGHT. THANK YOU SO MUCH. ALRIGHT, WE'RE GONNA MAKE SURE EVERYBODY GETS A CHANCE TO TALK. DO, DOES COUNCIL MEMBER GOZA OR MEDINA HAVE ANYTHING TO THEY WANNA CONTRIBUTE? COUNCIL MEMBER GOZA? I JUST HAVE A QUESTION. UM, ROUNDABOUTS ARE MEANT TO FLOW AND SO WHEN WE HAVE A LOT OF PEDESTRIAN TRAFFIC DURING SCHOOL TIMES, HOW DO WE EXPECT THAT TO IMPACT THE FLOW OF THE ROUNDABOUT? UM, THEY, I I DON'T KNOW SPECIFICALLY WHAT THE MODELING SHOWED, UM, FOR THE INTERSECTIONS ON KOHLERS, FOR EXAMPLE, IN TERMS OF THAT PEDESTRIAN VEHICULAR INTERACTION. UM, 'CAUSE I, I JUST DON'T REMEMBER THAT LEVEL OF DETAIL. BUT AS YOU CAN IMAGINE FROM THE CONFIGURATIONS THAT WE HAVE AT VETERANS AND GREG OR DAISY LANE, THE INTENT WITH THE RFPS IS THAT IF SOMEONE PUSHES A BUTTON, THEN THEY'RE GETTING SERVED RIGHT AWAY. SO A PEDESTRIAN WAITING TO CROSS WOULD, IN THEORY, UM, HAVE THE VEHICLES BE QUEUING UP, UM, WAITING FOR THEM, YIELDING TO THEM BASICALLY TO CROSS. UM, SO THE TRAFFIC ON THAT APPROACH WOULD BE LIMITED, UM, IN BEING ABLE TO MOVE ACROSS. I DON'T KNOW IF THAT ANSWERED YOUR QUESTION. AND SO JUST, I'M THINKING OF IT AS HOW IT'S GOING ALL UP AND DOWN THAT CORRIDOR, HOW HAVING THAT TYPE OF INTERRUPTED MOVEMENT COULD BE STILL BENEFICIAL FOR THE CORRIDOR. UM, 'CAUSE I SEE A LOT OF INTERRUPTION AT SOME OF THE BUSIEST TIMES. I MEAN, WOULD YOU, IS THAT KIND OF WHAT YOU'RE SEEING OR, YOU KNOW, AM I BEING SHORTSIGHTED? CAN YOU ADD SOMETHING TO THAT? Y YEAH, I, I THINK THE, THE WAY ROUNDABOUTS VERSUS SIGNALS, AND I DO WANNA JUST FOR THE RECORD NOTE THAT THERE ARE OTHER INTERSECTION CON UH, CONFIGURATIONS OUT THERE, UM, THAT MAY WORK BETTER. UM, THERE'S WAYS TO RESTRICT CERTAIN MOVEMENTS THAT I ALLOW FOR THAT SMOOTHER FLOW OF TRAFFIC, PROVIDE MORE PEDESTRIAN ACCOMMODATIONS. BUT I KNOW TODAY WE'RE TALKING SPECIFICALLY ROUNDABOUTS VERSUS SIGNALS. UM, SO YOU KNOW, IN TERMS OF MERITS, RIGHT, LIKE THE TRAFFIC SIGNALS PROVIDE A CLEAR INDICATION FOR WHEN EACH ROAD USER HAS THE RIGHT OF WAY TO TRAVERSE THAT INTERSECTION. UM, BECAUSE THERE IS A RED INDICATION AT PLAY HERE. SO NO ONE'S CONFUSED ABOUT, WELL, CAN I CROSS, CAN I NOT CROSS? WHEN PEDESTRIANS CAN CROSS, THEY'VE GOT THE LITTLE WHITE MEN, UM, TELLING THEM THAT THEY CAN CROSS AND THE FLASH DON'T WALK, TELLS THEM YOU SHOULD REALLY NOT BE CROSSING NOW, BUT IF YOU HAVE TO, LIKE, THIS IS THE TIME THAT YOU HAVE. AND THEN THEY HAVE THE DON'T WALK, RIGHT? SO IT CLEARLY IS SIGNS KIND OF THAT PRIORITY FOR THAT ROAD USER. SAME GOES FOR SIGNALS GREEN, YELLOW, RED, YOU KNOW, YOU KNOW WHEN TO GO, YOU KNOW WHEN TO SLOW DOWN, YOU KNOW WHEN TO STOP WITH ROUNDABOUTS. THE BENEFITS ARE DIFFERENT IN THAT THEY AUTOMATICALLY SLOW DOWN THE SPEED OF THE VEHICLES APPROACHING THE ROUNDABOUTS. SO IF WE AS HUMANS MAKE THAT DECISIONS, WHICH A LOT OF PEOPLE DO, UM, THEN WE ARE NOT NECESSARILY RESULTING IN A FATALITY OR A SERIOUS INJURY, UM, WHICH IS A COMPLETELY DIFFERENT BENEFIT THAN WHAT A TRAFFIC SIGNAL COULD PROVIDE. UM, SO I, I THINK LIKE FOR US TO COMPARE AN INTERSECTION CONFIGURATION STRICTLY BASED ON JUST ONE ELEMENT, UM, WOULD BE TRICKY BECAUSE THERE'S A LOT OF ASPECTS OF GOING TO CHOOSING THE INTERSECTION CONFIGURATION THAT WE MAY END UP WITH THROUGH THIS PROCESS. UM, BUT NOW I FEEL LIKE I FORGOT YOUR QUESTION. SORRY. NO, UM, YOU'RE, YOU'RE FINE. I THINK WE'RE GOOD. UM, I'M YIELDING. OKAY. DO YOU HAVE ANYTHING? OKAY, SO I DO, UM, SO I WANNA MAKE IT VERY CLEAR. THE, UM, THE SIGNAL LIGHTS OR ROUNDABOUTS ON KOHLERS ARE NOT IN THE BOND. THAT'S NOT A BOND THAT'S [04:45:01] NOT, WAS IN THE 2022 BOND. IT IS IN THE T. AND SO I'M KIND OF CURIOUS IF SOME OF THIS MONEY WILL COME OUT OF THE TS TO COVER THAT BECAUSE THERE OKAY, GOOD. SO DO WE KNOW HOW MUCH IS GONNA COME FROM THE GENERAL FUND AND HOW MUCH IS GONNA COME FROM THE TS? MM-HMM . SO MAYOR, ALL OF IT IS GONNA COME FROM TS. OKAY. UM, THAT'S ACTUALLY INCORRECT ON THE STUFF MEMO. IT'S 394,000 FROM ROAD BONDS AND 80 SOMETHING THOUSAND FROM TOUR NUMBER TWO. I THINK YOU MEANT ALL OF THEM ON KOHLERS ARE GONNA FROM FROM KOHLERS. YES. THEY'RE ALL GONNA BE FROM TOUR. OKAY. NOT OVERALL, BUT I KNEW WHAT HE MEANT. UM, SO WE WERE ASKED EARLIER LIKE, WHAT, WHAT DO WE DO IN THIS FOR WHY ARE WE GOING BACK AND LOOKING? AND FOR ME IT'S ABOUT COST AND IT'S ABOUT PEDESTRIAN SAFETY. THOSE ARE MY TWO REASONS. THERE'S NO ALT ALTERNATE ALTERNATIVE MOTIVE. UM, ONE OF MY QUESTIONS WOULD BE, YOU KNOW, WHEN WE'RE THINKING ABOUT ROUNDABOUT VERSUS LIGHTS, WHEN I WAS WITH TECH STOP, ONE OF MY QUESTIONS WAS HOW DO YOU COORDINATE ROUNDABOUTS WITH THE LIGHTS? AND I DON'T KNOW IF THAT'S SOMETHING THAT YOU HAVE A SOLUTION TO, BECAUSE AT THE END OF THE DAY, IF I THINK IT'S GONNA BE THAT MIXTURE IS GONNA BE REALLY DIFFICULT TO SYNC UP MM-HMM . UM, SO YEAH, LIKE I MENTIONED EARLIER, IF WE HAVE A SERIES OF TRAFFIC SIGNALS, UM, THEY AUTOMATICALLY ACT AS METERING DEVICES. UM, SO THE FLOW OF TRAFFIC IS MORE PREDICTABLE, UM, IN TERMS OF LIKE, HEY, THIS IS, YOU KNOW, THERE'S 300 CARS ARRIVING FROM THIS INTERSECTION THAT HAVE JUST LEFT THE INTERSECTION NEXT TO IT. UM, SO THEN WE'RE ABLE TO PLAN FOR THAT. THAT SAID, UM, THE INTERSECTION METERING OR THE CORRIDOR, UM, TRAFFIC FLOW WORKS REALLY WELL WHEN ALL OF THE TRAFFIC AT, LET'S SAY THESE FOUR OR FIVE INTERSECTIONS, FOR EXAMPLE, IF IT'S ALL MOVING IN THAT SEQUENCE. UM, THE CHALLENGE WE RUN INTO WHEN IT HITS AN INTERSECTION LIKE 27 70 OR 1626, IS THAT THE VOLUMES THAT KOHLERS CARRIES IS GOING TO BE NOMINAL COMPARED TO THE VOLUMES ON THE TEXT ROUTE. 'CAUSE AGAIN, THEY'RE REGIONAL FACILITIES, THEY'RE DESIGNED TO CARRY TRAFFIC BEYOND KYLE. UM, SO WE WILL, IT'S ALMOST LIKE HITTING A WALL, UM, IN TERMS OF THE VOLUME. SO AT THOSE INTERSECTIONS, THE NORTH SOUTH VOLUME IS GOING TO TAKE PRIORITY. I THINK A CLASSIC EXAMPLE OF THIS IS I 35 AND 1626. THE REASON WE CANNOT MOVE THE TRAFFIC ON 1626 ACROSS THE HIGHWAY, EITHER DIRECTION IS FRONTAGE, ROAD TRAFFIC TAKES PRIORITY. UM, THAT INTERSECTION, YOU KNOW, FRONT ROAD CARRIES PROBABLY 70% OF THE TRAFFIC. UM, SO IT DOES HAVE ITS CHALLENGES IN TERMS OF LIKE HOW THE VOLUME IS MONITORED, BUT IN TERMS OF ROUNDABOUTS VERSUS SIGNALS, FOR EXAMPLE, THERE IS NO PREDICTABLE TRAFFIC FLOW PER SE WITH ROUNDABOUTS. UM, BECAUSE IT IS, EACH APPROACH IS YIELDING TO WHATEVER TRAFFIC IS IN THE ROUNDABOUT. SO THE TRAFFIC TENDS TO BE MORE SPORADIC, BUT THAT'S WHERE THE CORRIDOR TRAFFIC FLOW WILL EVALUATE SCENARIOS LIKE THAT TO SEE WHAT MAKES THE MOST SENSE TO BE ABLE TO KEEP THAT TRAFFIC MOVING AS MUCH AS POSSIBLE. WELL, AND I DO APPRECIATE THAT IT'S NOT GONNA BE JUST THE TWO BECAUSE I REALLY, I THINK RIGHT, SOMETIMES WE HAVE TO THINK OUTTA THE BOX AND IT DOESN'T HAVE TO BE ONE OR THE OTHER. YOU KNOW, EVEN ONE COULD BE ONE AND ONE COULD BE THE OTHER, BUT THERE'S JUST SO MANY OPTIONS THAT WE HAVE THAT I DON'T WANT TO, UH, AS ONE PERSON HAS SAID, LIKE BE MARRIED TO AN IDEA, IT'S OKAY TO DO OTHER THINGS. UM, AND I THINK THE CITY HAS, HAS HAD THIS HISTORY OF NOT BEING ON THE SAME PAGE AND IT'S MADE THINGS KIND OF DIFFICULT. I MEAN, WE DIDN'T EVEN HAVE A PEDESTRIAN, UH, REPORT FOR, FOR THIS TRAFFIC. AND THAT TO ME WAS LIKE, OKAY, THAT'S A RED FLAG FOR ME. AND WHEN PEOPLE SAY THEY DRIVE IT EVERY DAY, MY DAUGHTER DRIVES IT EVERY AT LEAST SIX DAYS A WEEK. SO I DO KNOW, AND I UNDERSTAND AND I WORRY ABOUT THIS, BUT THIS WAS ALREADY SET UP TO BE IMPROPERLY BUILT. ANYWAYS, THIS, THE REASON WHY IT'S NOT SAFE IS NOT BECAUSE IT'S NOT A ROUNDABOUT, IS BECAUSE IT WAS POORLY DESIGNED. SO THAT IS, THAT'S WHAT WE'RE TRYING TO FIX, BUT I DON'T WANNA SPEND EIGHT TO $12 MILLION AND THEN REALIZE LATER ON IT IS HIGHER TRAFFIC THAN WE ANTICIPATED AND NOW WE NEED SOMETHING ELSE. SO THAT, THAT'S MY GOAL. UM, AND JUST FYI 2024, THIS IS THE INTERSECTION THAT TDOT WAS, I WAS JUST TALKING ABOUT WITH THE 1626 AND THE ROUNDABOUT. SO IF YOU GUYS WANNA TAKE A LOOK AT THAT AND, AND CONFIRM LIKE TWO YEARS AGO IF I, UM, IF I CAN MAKE A POINT OF CLARIFICATION ON THAT. UM, IT WAS EITHER RIGHT AROUND THAT TIME OR RIGHT AFTER, UM, MAYBE IN EARLY 2025. I ACTUALLY WAS WITH THE CONSULTING FIRM AT THE TIME, AND THE CITY HAD HIRED THE FIRM THAT I WAS WORKING AT TO CONDUCT [04:50:01] A TRAFFIC STUDY TO LOOK AT, UM, A FEW INTERSECTIONS ALONG 1626. AND THROUGH THOSE CONVERSATIONS AND THEY ANNOUNCED THAT I HAD DONE IT, I HAD ACTUALLY NOTED THAT I THINK ANY INTERSECTIONS ON 1626 WOULD NOT BE CONDUCIVE, UM, TO BE A ROUNDABOUT. THERE'S OTHER ALTERNATIVES THAT COULD BE CONSIDERED. UM, I DIDN'T ANALYZE 1626 AND KOHLER IN SPEC, UH, UH, IN THAT LEVEL OF DETAIL, BUT I LOOKED AT 1626 AND MARKETPLACE AND I SAID, ANY INTERSECTIONS ALONG THAT CORRIDOR MAY NOT BE CONDUCIVE FOR ROUNDABOUTS. UM, BECAUSE THAT CORRIDOR BASED ON TRAFFIC DATA THAT WE HAVE CARRIES ANYWHERE BETWEEN 80 TO 90,000 VEHICLES A DAY. UM, AND ROUNDABOUTS TEND TO, UH, TIP AFTER A CERTAIN POINT, RIGHT? WHICH IS MY CONCERN OVERALL FOR THE ROUNDABOUTS, RIGHT? LIKE HAVING TOO MUCH TRAFFIC ON THEM IS GONNA BE COUNTERPRODUCTIVE BECAUSE WHEN COUNCIL MEMBER SATA ASKED YOU A QUESTION, YOU GAVE A GENERALIZED ANSWER. AND THAT'S WHAT WE'RE DOING IS GIVING GENERALIZED ANSWERS. WE'RE SAYING, WELL, GENERALLY ROUNDABOUTS ARE SAFE. AND I DON'T DISAGREE WITH THAT. I THINK THEY ARE SAFE, BUT IF YOU TRY TO STICK A ROUND PEG IN A SQUARE HOLE, IT'S NOT GONNA WORK. AND PUTTING THEM IN ALREADY DEVELOPED AREAS, I THINK THAT'S WHAT BECOMES THE ISSUE, IS THAT WE'RE ALREADY BUILT OUT IN THESE AREAS AND IT LOOKS KIND OF SILLY GOING BACK AND TRYING TO PUT IN SOMETHING THAT DIDN'T ORIGINALLY FIT. SO IF YOU GO BACK TO NORTH PLUM CREEK AND YOU SEE AN AMAZING ROUNDABOUT, I'M ALL FOR THAT. AND I'M ALSO OKAY IF WE KEEP CENTER, UH, IF WE KEEP THE ONE ON CENTER STREET AND OLD STAGE COACH, IF WE'VE ALREADY STARTED THEM, I DON'T REALLY WANNA INTERRUPT. SO THE WINDY HILL ONE AND THE CENTER STREET, I'M OKAY IF WE WANNA MOVE FORWARD WITH THOSE. I DON'T KNOW HOW THE OTHER COUNCIL MEMBERS FEEL, BUT IT DOESN'T HAVE TO BE. WHAT WHAT'S IMPORTANT TO ME IS THE ONES THAT WE HAVEN'T GOT A ROAD A, A, A STEP ON YET BUTTON, UH, CREEK AND LAYMAN ROAD, THAT'S HUGE FOR ME. LIKE, I REMEMBER FIGHTING THAT BATTLE BACK IN 2022 OR 2023, AND THAT ALSO DIDN'T COME WITH A PEDESTRIAN REPORT. AND YOU, YOU HAVE LAYMAN RIGHT THERE. SO CONTRARY TO POPULAR BELIEF, IT IS NOT ABOUT, WE JUST DON'T LIKE ROUNDABOUTS. FOR ME, IT'S NOT, IT'S THAT I, I WANT TO MAKE SURE OUR KIDDOS ARE SAFE AND THAT IT'S NOT GONNA COST MORE LATER DOWN THE ROAD TO FIX IT. THAT WE'RE GONNA ADDRESS THE ISSUE RIGHT NOW AND IT'S GONNA WORK FOR THE NEXT AT LEAST FIVE TO 10 YEARS. SO I DON'T KNOW IF ANY GO AHEAD, COUNCIL MEMBER HARRIS. AND FOR, FOR THE SAKE ON THAT, I DID VOTE FOR THE TWO ROUNDABOUTS ON BB. SO FOR THOSE THAT SHOOT ME DOWN SAYING I DON'T SUPPORT ROUNDABOUTS, I I VOTED FOR THOSE TWO THAT ARE RIGHT THERE IN MY DISTRICT. YEAH, I THINK AT SOME POINT WE NEED TO JUST STOP PLAYING THE LITTLE GAMES OF BLAMING PEOPLE. IT'S, THAT'S, I MEAN, I THINK WE'RE ALL, WE ALL CARE ABOUT THE CITY OVERALL, AND THERE ARE REASONING FOR WANTING TO DO SOMETHING. IT'S, FOR ME, IT'S NOT POLITICAL. I DON'T HAVE TIME IN MY DAY TO TRY TO PLAY POLITICS, AND IT'S NOT, AND IT'S NOT A VENDETTA. I MEAN, DO I WORRY ABOUT THE FACT THAT OUR PREVIOUS MAN MAYOR WORKED FOR THE COMPANY? I DID. I DO WORRY THAT THEY WERE GONNA TRY TO PUT A ONE ON 1626 THAT WAS $9.5 MILLION. LIKE, YES, THAT'S A CONCERN, BUT THAT'S DOESN'T, THAT'S NOT WHAT MOTIVATES ME. IT'S SAFETY AND COST. AND I THINK THAT SHOULD BE EVERYBODY'S CONCERN. AND I KNOW RIGHT NOW KOHLER'S IS NOT SAFE, BUT MAKING A TEMPORARY FIX FOR A LARGE AMOUNT IS NOT IN MY EYES THE FISCALLY CORRECT THING TO DO. COUNCIL MEMBER HARRIS, THOSE TWO ROUNDABOUTS WERE ALREADY IN PROCESS AND HAD TO BE STOPPED. UM, WHEN WE DECIDED TO DO THIS STUDY, UH, LIKE I SAID, THE EASEMENTS HAD BEEN PURCHASED, THE UTILITIES UNDERGROUNDED, UM, THE DESIGNS WERE ALREADY THERE. UH, AND AS FAR AS THE, UH, PEDESTRIAN TRAFFIC ON COLORS CROSSING FROM THE SCHOOLS, IF THE KIDS ARE GOING TO NORTH PLUM CREEK OR THE LAVERDE AREA, UH, BRICKS AND MORTAR APARTMENTS, THEY COME DOWN THAT SIDE OF THE ROAD FROM THEIR SCHOOLS. THEY DO NOT CROSS IN THE MIDDLE OF KOHLER'S. AND IF THEY'RE COMING TO PLUM CREEK, THEY CROSS ON THAT SIDE OF THE ROAD AND THEY GO DOWN TO THE APARTMENTS, UM, PAST THE PAST SANDERS AND AT BENNER, THEY DO NOT COME FROM THE OTHER SIDE OF THE ROAD. THEY'RE SIMPLY NOT CROSSING THE ROAD IN THE MIDDLE OF THE ROAD. UM, THE, THE ROUNDABOUTS HAVE ALREADY BEEN EVALUATED THERE. UM, THE TRAFFIC OF COURSE, IS GOING TO NEED TO BE MONITORED. IT BACKS UP NOW ANYWAY. AND YOU KNOW, WE'VE GOT FOUR-WAY STOPS AND LIGHTS AT THE END. IT CAN BE BETTER COORDINATED. UM, I DO BELIEVE THAT, UM, THE PEDESTRIAN ISSUE IS NOT A, A DEAL BREAKER AT ALL FOR A ROUNDABOUT. THEY'RE, THEY'RE ROUNDABOUTS THAT, UH, ARE IN HEAVY PEDESTRIAN AREAS AND THEY WORK JUST FINE WITH THE PEDESTRIANS. I'VE SEEN THEM IN, UH, AUSTIN IN FACT HAS THEM. [04:55:01] SO I, I JUST, I'M, I'M VERY CONCERNED THAT THIS WAS STOPPED. THE TWO ON KOHLERS CROSSING WERE STOPPED AND IN THE PROCESS OF BEING DONE. AND, UM, IT'S, IT'S A SERIOUS ISSUE. OKAY. THE ACCIDENTS THERE ARE, ARE SERIOUS. OKAY. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 20. OKAY. I HAVE A, A, A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER GZA. UH, CAN WE DO A ROLL CALL? VOTE PLEASE. ZAPATA? NO. HARRIS, NO. GZA? YES. TOBIAS? YES. MCKINNEY? NO. MEDINA? YES. FLORES KALE? YES. MOTION PASSES. FOUR TO THREE. OKAY. IT'S GETTING LATE AND I KNOW EVENTUALLY COUNCIL MEMBER TOBI OR MAY PRETEND TO BE IS GONNA HAVE TO, UH, MAYOR, I THINK THIS IS A GOOD TIME TO REMIND YOU THAT COUNCIL RECENTLY ADOPTED RULES THAT SAY THAT ADAMS PUT ON THE AGENDA BY COUNCIL CANNOT BE CONSIDERED AFTER 10:30 PM WITHOUT AN AFFIRMATIVE VOTE FROM COUNSEL TO PROCEED. OKAY. DO WE WANNA TAKE A VOTE? DO WE WANNA DO ONE OR TWO OF THEM? DO WE WANNA HOW DO YOU GUYS WANNA PROCEED? I KNOW IT'S GETTING LATE. IT'S ALMOST MIDNIGHT. IT'S ALMOST A WHOLE NEW DAY. OKAY. WE CAN [22) Direct staff to investigate options for regulation of short term rentals and suggestion for ordinance changes.] ACTUALLY, AND, AND, AND I DO WANNA CLARIFY, UM, IS TO DIRECT STAFF, BUT DO YOU WANT THEM, DO YOU WANT THEM TO BRING BACK SOME INFORMATION? YES. OKAY. GO AHEAD. DO THAT. OKAY. DO YOU WANNA UPDATE THAT? SO WE'RE GONNA UPDATE IT AND THEN SHE'S GONNA BRING, WE WILL BRING HER BACK. YES. IF THE STAFF WILL, UM, GO AHEAD AND INVESTIGATE OPTIONS FOR THE REGULATIONS ON SHORT-TERM RENTALS. UM, WE'VE GOT A BEGINNING TO HAVE A SERIOUS PROBLEM ON THAT BECAUSE OF THE INEXPENSIVE KYLE SHORT-TERM RENTALS AND THE VERY EXPENSIVE AUTO AUSTIN ONES. SO IF YOU, IF YOU'D LIKE TO DO THAT, THEN BRING IT BACK. WE CAN DELAY UNTIL THOSE RECOMMENDATIONS ARE RETURNED. YES. BRING IT BACK. BRING BACK THE VER DO YOU WANT THE VERBIAGE OR WE WANNA, WE GOT IT. YOU GOT IT. OKAY. ALL RIGHT. UM, I DO WANNA DO MINE SO WE CAN, HOPEFULLY IT WON'T GO TOO LONG BECAUSE I FEEL LIKE FOR ME THIS WAS, HAS BEEN A LONG TIME COMING. SO IT'S AGENDA ITEM 23. [23) Consider directing the Interim City Manager to undertake the necessary evaluation and planning to vacate all City Council offices, conference rooms, storage space, kitchen space, etc., currently dedicated at the Public Safety Center building and return all such office and other floor space for the full utilization by the Kyle Police Department personnel effective October 1, 2026.] CONSIDER DIRECTING THE INTERIM CITY MANAGER TO UNDERTAKE THE NECESSARY EVALUATION AND PLANNING TO VACATE ALL CITY COUNCIL OFFICES, CONFERENCE ROOMS, STORAGE SPACE, KITCHEN SPACES, ET CETERA. CURRENTLY DEDICATED AT THE PUBLIC SAFETY CENTER BUILDING AND RETURN ALL SUCH OFFICE AND OTHER FLOOR SPACE FOR THE FULL UTILIZATION BY THE KYLE POLICE DEPARTMENT PERSONNEL EFFECTIVE OCTOBER 1ST, 2026. THIS IS PRESENTED BY MYSELF, COUNCIL MEMBER GZA AND COUNCIL MEMBER MEDINA. UM, AND I DIDN'T WRITE ANYTHING BECAUSE I THINK IT SPEAKS FOR ITSELF. I FEEL LIKE OUR COUNCIL REALLY DOESN'T HAVE, UM, A NEED TO BE IN THESE OFFICE BUILDINGS. UM, AND I, I, WHEN I FIRST CAME ON BOARD, I WANTED TO, TO SEE HOW THEY WERE BEING UTILIZED. UM, AND THEN WHEN I WAS WORKING FROM HOME, I REALIZED I DIDN'T NEED THAT OFFICE IS BEYOND WHAT ANYBODY SHOULD NEED, BUT THERE WAS A, A LITTLE BIT, A LOT OF GUILT, UM, OF ME HAVING SUCH AN EXTRAVAGANT OFFICE AND THEN NOT UTILIZING IT. SO, UH, TO ME THAT OFFICE COULD BE BETTER USED BY THE POLICE DEPARTMENT. AND, UM, I ALSO HEARD FROM COUNCIL MEMBER GOZA AND MEDINA ABOUT THE AWKWARDNESS, AND I'LL LET THEM TELL YOU ABOUT THE AWKWARDNESS THAT THEY FEEL USING THEIR ROOMS. I AGREE. MAYOR, DID WE NEED TO VOTE TO ADDRESS THESE ITEMS FIRST? PURSUANT TO THE RULES OF COUNSEL ITEMS, TECHNICALLY KNOW THE RULES OF COUNSEL. YES. HOWEVER, IT'S UP TO COUNSEL TO ENFORCE THE RULES OF COUNSEL. SO IF YOU DON'T WANT TO REQUIRE THE VOTE, THAT'S KIND OF UP TO YOU GUYS. WHAT VOTE FOR WHAT TO, TO CONTINUE WITH TO CONTINUE. OKAY. YEAH, I WAS JUST HOPING WE COULD JUST DO DO THIS ONE, BUT YEAH, IF WE WANNA VOTE ON THAT, IT'S JUST, YOU ALREADY STARTED. IF, IF NO ONE ON COUNCIL WANTS TO OBJECT, WE CAN PROCEED. SO, I MEAN, IF YOU FEEL LIKE THAT'S IMPORTANT THAT I TOLD, I MEAN, I WOULD LIKE TO SEE THE RULES ENFORCED UNIFORMLY. SO I THINK WE SHOULD HAVE A VOTE. OKAY. LET'S TAKE A VOTE TO CONTINUE. UH, AGENDA ITEM 2322. AND YOU WANNA DO BOTH OF THEM? WE'LL JUST DO 20 TWO'S DONE. OKAY. DO YOU WANNA DO 23 AND 24? NO, WE'LL JUST DO 23. WELL, I DON'T CARE. BRING AS WELL. BRING BACK 24. YEAH. BRING, LET'S BRING BACK 24. SO I'D LIKE TO MAKE A MOTION TO MOVE FORWARD WITH AGENDA ITEM 23 SECOND. OKAY. I HAVE A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OKAY. AYE. UH, THAT'S JUST GONNA BE SEVEN ZERO . ALL RIGHT. SO, UM, YEAH, I'M JUST GONNA TURN IT OVER TO THE COUNCIL MEMBERS SO THEY CAN TALK ABOUT THEIR EXPERIENCE AND HOW THEY FELT ABOUT THE ROOMS. MINE IS JUST VERY MINIMAL. UM, IT WAS ONE DAY I WENT UP THERE TO MEET, UM, [05:00:01] A RESIDENT TO TALK TO HIM AND THERE WAS A MEETING GOING ON IN THE CONFERENCE ROOM. AND SO IT'S LIKE, OH, I DON'T WANNA GO INTERRUPT THAT CONFERENCE THAT'S GOING ON, THAT MEETING TO GO INTO MY OFFICE. SO IT'S KIND OF AN UNUSABLE SPACE IN THAT REGARD. SO I AM MORE THAN HAPPY TO VACATE MY TINY LITTLE SHARED OFFICE UP THERE. YEAH. I KIND OF HAD THE SAME EXPERIENCE GO UP TO USE THE OFFICE. AND THEN THERE IS ANOTHER MEETING GOING ON IN THE LITTLE CONFERENCE ROOM AREA, SO OBVIOUSLY YOU'RE NOT GONNA WALK IN INTERRUPT AND, UM, GO INTO THE LITTLE OFFICE. UM, SO I WOULD BE DEFINITELY IN FAVOR OF PRIORITIZING THESE FOR OUR PUBLIC SAFETY CENTER BECAUSE THAT'S WHAT THE BUILDING WAS CREATED FOR, FOR OUR POLICE DEPARTMENT. AND WITH THEM GROWING THE WAY THAT THEY'RE GROWING, UM, WE REALLY SHOULD BE GIVING THAT SPACE BACK TO THEM. COUNCIL MEMBER HARRIS, I AGREE. AND OUR OFFICES ARE SHARED ONE DESK FOR TWO PEOPLE. UM, WE GO IN, GO INTO OUR OFFICES, UH, THROUGH A CONFERENCE ROOM THAT IS VERY BUSY AND OFTEN IN USE. I HAVE NEVER INVITED A RESIDENT UP THERE, UM, UNLESS WE WERE GOING TO MEET IN THE COFFEE ROOM OR SOMETHING. UM, FOR A, JUST A GENERAL CONVERSATION THAT WAS NOT CONFIDENTIAL, I WOULD NEVER USE THAT FACILITY FOR THAT. NO WINDOWS ONE DOOR OPENS THROUGH THE CONFERENCE ROOM. UM, THEY WERE PRETTY USELESS OFFICES. . OKAY. MAYOR PRO TEMP TOBI. YEAH, I I, WE HAD A MEETING YESTERDAY WITH CHIEF AND THEY ARE, UH, GROWING PRETTY FAST AND I'M SURE HE'S WOULD APPRECIATE, UH, WHATEVER SPACE THEY GET. UH, MR. PERVE, UH, WELL HE, UH, WE START, IF WE ARE ABLE TO UTILIZE THAT AREA. ARE ARE WE ALSO LOOKING AT MAYBE ALSO MOVING OUT THE SECRETARY AND THE REST OF THOSE IN, IN DUE TIME OR, I KNOW WE HAVE ANOTHER AGENDA ITEM TRYING TO LOOK FOR SPACE, BUT I, I KNOW THAT THE POLICE DEPARTMENT HAS KIND OF EMPHASIZED THAT, YOU KNOW, THEY ARE NEEDING SPACE UPSTAIRS. SO WE'VE BEEN WORKING ON VACATING PUBLIC SAFETY CENTER, THE ADMINISTRATIVE OFFICES AS OFFICES BECOME AVAILABLE IN OTHER PLACES. UM, WE'VE MOVED THE ECONOMIC DEVELOPMENT DEPARTMENT. UH, AMBER HAS MOVED BACK TO CITY HALL, UM, WITH THE CROOK CENTER ITEM. WE WERE THINKING OF ASSESSING IF WE COULD MOVE THE CITY SECRETARY'S OFFICE, CITY ATTORNEY'S OFFICE, JESSE AND HR. ALL OF THE SECOND FLOOR AFTER THAT WILL BE EMPTY FOR PUBLIC SAFETY, UH, FOR POLICE DEPARTMENT TO TAKE OVER. THE ONLY ADMINISTRATIVE OFFICES THAT WILL REMAIN WILL BE ON THE FIRST FLOOR AT THE BOTTOM. IT DEPARTMENT IS ALL THERE. SO WE'RE GONNA HAVE TO FIND HOME. AND I'M HOPING THAT WITH THE MODULAR OPTION WE'RE LOOKING AT, MAYBE WE CAN BRING THEM AS WELL. WOULD IT BE SAFE TO LEAVE THEM THERE FOR NOW, SINCE, ESPECIALLY WHEN YOU HAVE OUR POLICE DEPARTMENT THERE, OR ARE YOU GONNA REALLY NEED YOUR IT DEPARTMENT MORE AND THEY WELCOME FOR THE CITY PD WELCOMES THEM. YEAH. YEAH. THEY, THEY WELCOME THEM BECAUSE THEY, THEY HELP THEM TREMENDOUSLY ON THEIR, ON THEIR EQUIPMENT, THEIR VEHICLES. YEAH. BUT THEIR OTHER CITY DEPARTMENTS ALSO NEED THEM. THEY NEED THEM. YEAH. UH, SO EVENTUALLY WE WILL VACATE THEM, UH, THE FIRST FLOOR. BUT FOR RIGHT NOW, OUR GOAL IS SECOND FLOOR. YEAH. SO IF WE, WE MOVE OUT THE COUNCIL OFFICES THAT WILL ONLY LEAVE CITY SECRETARY, CITY ATTORNEY, UH, ASSISTANT CITY MANAGER, HR TO BE FAIR TO CHIEF AND ASSISTANT CHIEF, I'VE ALWAYS FELT WELCOME OVER THERE. ? YEAH. . NO. THEY'VE NEVER MADE US FEEL NO AT ALL. NEVER. THEY HAVE NEVER. THEY HAVE ALWAYS BEEN VERY KIND, VERY NICE TO US. I WAS ME. THAT KIND OF FELT AWKWARD. AND SO WITH THAT, I'D LIKE TO MAKE A MOTION TO APPROVE A AGENDA ITEM 23. SECOND. I HAVE A MOTION BY MYSELF. AND A SECOND BY COUNCIL MEMBER. TOBIAS, IS THERE ANY DISCUSSION? YEAH. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? A AYE. ITEM PASSES. SEVEN ZERO. MAYOR, UH, SINCE WE'VE ALREADY GONE PAST MIDNIGHT, CAN WE JUST TAKE CARE OF 24 [24) Consider directing the Interim City Manager to undertake the necessary evaluation and planning to repurpose the Krug Activity Center for use as an administrative office facility and an annex to City Hall, including evaluating the feasibility of relocating, to the extent feasible, all remaining administrative personnel, (excluding Police Department personnel), from the Public Safety Center to the Krug Activity Center, and to take such further administrative actions as may be necessary or appropriate to facilitate such repurposing and relocation of City staff.] SO I CAN WORK ON, YOU'RE GONNA HAVE TO ASK COUNCIL OR MAYOR PORT TEMP TO BE US. THAT'S FINE. I'M OKAY. COUNCIL MEMBER TAKES ABOUT 10 MINUTES. I THINK THIS DESERVES SOME MORE DISCUSSION. OKAY. UM, I WOULD REALLY LIKE A LENGTHY DISCUSSION ABOUT THE UTILIZATION OF THE CREEK CENTER. I THINK WHAT YOU'RE PROPOSING IS NOT PRACTICAL FOR THAT BIG ROOM. THERE ARE SOME LITTLE OFFICES UPSTAIRS, BUT YOU HAVE TO GO UPSTAIRS AND THAT'S NOT ACCESSIBLE. THAT'S NOT OKAY FOR US. THE OFFICE, UM, YOU'D HAVE TO PUT CUBICLES IN THAT ROOM AND IT ECHOES. UM, YOU CAN HEAR FROM ONE SIDE OF THE ROOM TO THE OTHER. AND WITH CUBICLES IN THERE, IT'S NOT GOING TO MAKE ANY DIFFERENCE. IT WILL STILL DO THAT. [05:05:01] UM, WE WILL BE HERE ABLE TO HEAR EVERYTHING AMY AND AMBER SAY. UM, IT WOULD DEFINITELY NOT BE A CONFIDENTIAL PLACE TO BE. OKAY. WELL, MAYBE I CAN BRING BACK SOME IDEAS OR SOME, COULD WE, COULD WE BRING THAT BACK FOR YEAH, WE'LL BRING IT BACK. WE'LL BRING IT BACK FOR SURE. ALL RIGHT. WE'RE ADJOURNED. THANK YOU. * 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.