* 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. [I) Call Meeting to Order and Roll Call] [00:00:04] ALL RIGHT, WELCOME AGAIN. TODAY IS OCTOBER 5TH, THE TIME IS 7 0 1. AND I AM GOING TO BEGIN THIS, UH, SPECIAL MEETING. CAN I GET A ROLL CALL PLEASE? FLORIS KALE HERE. SORRY ABOUT THIS. TOUS. PRESENT ZA AND IRONICALLY PRESENT. MEDINA. HERE. ZAPATA. HERE HARRIS. HERE. MCKINNEY HERE. ALL RIGHT. THAT IS SEVEN AND WE HAVE A QUORUM. UP NEXT, WE HAVE, UH, THE PLEDGE OF ALLEGIANCE. IF I CAN HAVE YOU PLEASE STAND. OF THE UNITED STATES OF AMERICA. AND TWO, THE REPUBLIC FOR WHICH STANDS? ONE NATION UNDER. ALL RIGHT, THANKS. UP [II) Approval of Minutes] NEXT WE HAVE THE APPROVAL OF MINUTES. ALRIGHT, MAYOR, I'D LIKE TO GO AHEAD AND MAKE A MOTION TO APPROVE THE MINUTES FOR CITY COUNCIL MINUTES FOR SEPTEMBER 5TH, SPECIAL MEETING. SEPTEMBER 10TH. SPECIAL MEETING AS WELL, ALL THE WAY DOWN TO THE REGULAR MEETING ON SEPTEMBER 15TH AND THE SPECIAL MEETING ON SEPTEMBER 24TH. SECOND, I HAVE A MOTION BY COUNCIL MEMBER TOBIAS AND A SECOND, I MEAN, MAY IT TEMP TOBIAS AND A SECOND BY COUNCIL MEMBER MCKENNEY. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. UM, NEXT WE HAVE CITIZENS' [III) Citizen Comment Period with City Council] COMMENTS. THE CITY COUNCIL WELCOMES COMMENTS FROM CITIZENS. 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 COUNCIL BUSINESS. AND THEY MUST OBSERVE, WELL, NOT MUST YOU. WE ASK THAT YOU PLEASE OBSERVE THE THREE MINUTE TIME LIMIT. OKAY. I DON'T HAVE ANY FORMS YET. YES. OKAY. WE'LL GIVE HER JUST A SECOND. ALL RIGHT. WELL, WE'RE WAITING. I JUST HOPE EVERYBODY HAD A GOOD WEEKEND. UM, TOMORROW IS NATIONAL NIGHT OUT AND SO IF YOU CAN GET TOGETHER WITH YOUR NEIGHBORHOODS, UH, SHOW SOME CAMARADERIE. I THINK, I DON'T KNOW IF THEY'RE DOING ANYTHING IN THE DOWNTOWN, BUT, UM, FIND, YOU KNOW, A LITTLE. THEY ARE. OKAY. ALWAYS. WELL. SO IF, IF YOU DON'T HAVE AN HOA OR IF YOU WANNA JOIN THE DOWNTOWN, UM, THAT'S PROBABLY GONNA START AT SIX, PROBABLY SIX TO EIGHT. UM, IT'S A GREAT TIME TO GET TOGETHER AND TO, TO LEARN WHO YOUR NEIGHBORS ARE. ALL RIGHT. FIRST I HAVE TRACY SHIELD, PLEASE. HELLO. COUNCIL. MAYOR. MAYOR, PRO TEM. USUALLY, UM, I STAND UP. MY, FIRST OF ALL, MY NAME IS TRACY SHIELD AND I AM SPEAKING AS A RESIDENT OF THE CITY OF KYLE. USUALLY WHEN I STAND UP HERE, I TRY TO BE POSITIVE AND, UH, POINT OUT SOME SPECIAL THINGS THAT OUR CITY STAFF HAS DONE OR, UH, BRING UP SOMETHING THAT'S COMING UP LIKE NATIONAL NIGHT OUT TOMORROW NIGHT. BUT TONIGHT I STAND BEFORE YOU. ASHAMED. ASHAMED AT MYSELF. I SIT IN THIS GALLERY ALMOST EVERY FIRST AND THIRD TUESDAY NIGHT, AND I HAVE LISTENED TO PEOPLE STAND AT THIS PODIUM, AN ATTACK AND BELITTLE AND BULLY, UH, MEMBERS OF THIS COUNCIL. AND I DON'T STAND UP. I HAVEN'T STOOD UP AND REVOKED, YOU KNOW, WHAT THEY'VE SAID OR SAID SOMETHING NICE. AND COUNCIL MEMBER ZAPATA, I AM SORRY. DR. HARRIS, I AM SORRY. COUNCIL MEMBER MCKINNEY. I AM SORRY. IT IS A SHAME THAT WE HAVE A CITIZENRY THAT WATCHES OUR LEADERSHIP ATTACK EACH OTHER, EITHER FROM THIS DAIS OR [00:05:01] VIA SOCIAL MEDIA. FROM WHAT I'VE HEARD, I AM NOT A PART OF THAT FACEBOOK PAGE. NEVER HAVE BEEN. UM, I THINK I WAS ACTUALLY EVEN BLOCKED FROM IT IF I HAD EVER TRIED TO SIGN UP ON IT. SO I HAVE NEVER SEEN THE QUOTE MISINFORMATION THAT WAS SENT OUT ON THAT SOCIAL PAGE. SO AGAIN, UM, YOU KNOW, NOT SOMETHING I COULD DO. BUT I THINK PART OF IT WAS I WAS AFRAID. I HAVE BEEN BULLIED FROM THIS DIOCESE. THE MAYOR WHO WAS AT THAT TIME COUNCIL MEMBER, CALLED ME A RACIST BECAUSE I CONGRATULATED HER FOR WINNING OUR ELECTION. AND I WAS JUST TRYING TO VOLUNTEER TO BE ON P AND Z MISINFORMATION. I, I, I DISLIKE THAT TERM BECAUSE IT'S SO STERILE. IT'S OUT AND OUT LIE. UM, IF YOU KNOW MY HISTORY AND YOU KNOW WHO I HAVE BEEN, WHO I CALL MY PARTNER, MY HONEY FOR THE PAST 25 YEARS. HIS LAST NAME IS CHOPPA. YEAH. I'M A RACIST AGAINST HISPANICS. AND YEAH, NOT RELATED TO, UM, OUR KYLE, CITY OF KYLE, UH, CHOPPAS, BUT HIS LAST NAME IS CHOPPA AND HE IS HISPANIC. SO, NO, I AM NOT A RACIST. SO ON THAT NOTE, I WILL SAY THANK YOU. GOOD LUCK TO YOU GUYS. AND JUST REMEMBER ONE WORD, RESPECT. THANK YOU. RIGHT, THANK YOU. UM, NEXT WE HAVE TRISSY SHARKEY. I, HELLO MAYOR. MAYOR PRO TEM COUNCIL. MY NAME IS RE SHARKEY DISTRICT SIX, AND I WANTED TO, UM, AS WE ARE KIND OF IN THIS INTERIM PART OF THE ANIMAL SHELTER CONVERSATION, EVERYTHING I WANTED TO PROPOSE A KYLE PET PANTRY. UM, THIS WOULD BE A SHELTER DIVERSION PROGRAM. IT WOULD HELP TO, WELL, IT WOULD DO A LOT OF THINGS. FIRST OF ALL, WE NEED A PET PANTRY HERE IN KYLE BECAUSE IT'S A BARRIER TO HAVE TO DRIVE TO HAYES COUNTY, UM, TO GET FREE FOOD FOR PEOPLE THAT CAN'T, YOU KNOW, THAT NEED HELP WITH THIS. UM, SO ONE OF THE COUPLE THINGS THAT IT WOULD DO, IT WOULD HELP TO REDUCE OR REMOVE THE ECONOMIC BARRIER TO KEEPING A PET IN THE HOME, WHICH WOULD AVOID SHELTER INTAKE. UM, I SAW A POST BY MOM THE OTHER DAY ON SOCIAL MEDIA AND SHE SAID, DOES ANYBODY KNOW WHERE I CAN GET HELP? I'M SPENDING MY CAT FOOD AND LITTER MONEY ON DIAPERS AND FORMULA. UM, SO I KNOW THAT THE NEED IS OUT THERE. I KNOW SEVERAL PEOPLE THAT FEED COMMUNITY CATS THAT ARE ON DISABILITY. THEY'RE LOW INCOME, UH, BUT THEY'RE STILL OUT HERE FEEDING THESE HUNGRY CATS. UM, ADDITIONALLY WHAT IT WOULD DO, IT WOULD BE THE FIRST THING THAT WE COULD DO TO TRY TO SHAPE THIS ANIMAL WELFARE SYSTEM THAT WE'RE BUILDING HERE. SO IT WOULD KIND OF BE THE FIRST STEP. IT WOULDN'T TAKE A LOT OF MONEY, IT WOULDN'T TAKE A LOT OF RESOURCES. UM, IT WOULD ALSO GIVE THE COMMUNITY AN OPPORTUNITY TO DONATE. 'CAUSE NOT EVERYONE CAN FOSTER OR ADOPT ANIMALS, BUT A LOT OF PEOPLE COULD BUY, YOU KNOW, UH, PET FOOD AND DONATE. PEOPLE LOVE TO DONATE. IT MAKES 'EM FEEL GOOD. SO, UH, IT WOULD ALSO BUILD RELATIONSHIPS WITH LOCAL BUSINESSES. SO WE'D GO AHEAD AND START THAT. UH, IT WOULD HELP PEOPLE WITH COMMUNITY CATS, WHICH ALREADY SAID THAT. UM, BUT ALSO I THINK ONE OF THE BIGGEST THINGS IS IT WOULD LET THE COMMUNITY KNOW IN A TANGIBLE WAY THAT KYLE CARES ABOUT ANIMALS. SO THAT'S IT. PET PANTRY. I THINK WE NEED ONE. UM, I KNOW OFFICER GEDDES WOULD, YOU KNOW, SHE'S GOT SOME GREAT IDEAS TOO. AND SO THAT'S IT. I JUST WANNA COME UP HERE AND LET Y'ALL KNOW THAT. THANK YOU. THANK YOU. UM, NEXT I HAVE LARRY GOLLICK. THANK YOU MAYOR. MAYOR PRO TEM COUNCIL. GOOD EVENING. I'M LARRY GOLLICK. UM, FOR [00:10:01] THE COUNCIL MEMBERS THAT WERE LEFT OUT THERE, I WANT TO SAY THAT, UH, UM, ALSO, COUNCIL MEMBER G GZA, COUNCIL MEMBER MEDINA, COUNCIL MEMBER TOBIAS MAYOR FORRES KALE, I'M SORRY FOR THE WAY PEOPLE TREAT YOU ONLINE AS WELL. PRIOR LEADERSHIP FAILED THIS CITY. PAST COUNCILS RAISED THE TAX RATE 27% IN WATER RATES AS MUCH AS 77%. THEY SAW AN ECONOMIC SLOWDOWN, BUT IGNORED IT. FAMILIES PAID FOR THAT. SOME NEIGHBORS SOLD THEIR HOMES, SOME FACED FORECLOSURE. NOW LOOK AT THIS COUNCIL AND STAFF. A BALANCED BUDGET, A LOWERED TAX RATE. THOUSANDS ARE HOPING FOR WATER RELIEF FOR THE REST OF THE ETGA TO COME NEXT LEADERSHIP MATTERS. LEADERSHIP TAKES EXPERIENCE AND MATURITY. LEADERS WHO CHALLENGE THE STATUS QUO, FACE OPPOSITION, AND FRICTION. STRONG LEADERS ANSWER THAT WITH RESOLVE AND GRIT. WE LIVE, WE LEARN, WE PROGRESS. WE MUST AVOID MOVING KYLE BACKWARDS BY RETURNING FAILED LEADERSHIP TO THIS DAAS. THE ONE THING COUNCIL MEMBERS ZAPATA AND I COULD AGREE ON WAS THAT LIFELINE RATES FOR WATER AND WASTEWATER. THERE HAS TO BE SOME BALANCE THAT CAN BE STRUCK TO MAKE THE WATER UTILITIES MORE AFFORDABLE FOR LOW INCOME, IT'S IMPERATIVE. A BILL FOR $132 A MONTH JUST TO HAVE A TAP WITH NO WATER PAID FOR IS UNSUSTAINABLE. I'M HOPING THE CITY CAN WORK OUT A, A LIFELINE RATE OR A RATE THAT WOULD INCLUDE AT LEAST THE FIRST FEW THOUSAND GALLONS AT NO COST ABOVE THE MINIMUM MONTHLY FEE. THIS, OF COURSE, WOULD COST MONEY, BUT I BELIEVE IT COULD BE SPREAD THROUGH HIGHER RATE THROUGH THE HIGHER RATE TIERS FOR IRRIGATION, COMMERCIAL, OR HEAVY RESIDENTIAL USE. THANK YOU. THANK YOU. UM, NEXT I HAVE JOSH KELLER. MAYOR, IF I MAY, OUR YOUTUBE STREAM IS NOT WORKING, SO, UM, I WANTED TO ADDRESS THAT. AND MS. SHIELDS, I WANNA ALSO APOLOGIZE. YOU SAW ME LOOKING DOWN EARLIER. YOU MAY HAVE THAT WAS TRYING TO HELP SOME CONSTITUENTS GET TO THE LINK TO FIND THE MEETING. SO I DO APOLOGIZE. I WAS LISTENING TO YOU, SO I DID NOT INTEND TO BE DISRESPECTFUL. GO AHEAD. GOOD EVENING COUNSEL. I WANNA SUPPORT A FEW OPTIONS TONIGHT ON THREE RELATED ISSUES. FIRST, I SUPPORT PRIORITIZING THE BUTTON CREEK ROAD PROJECT AND PRESERVING ALL SIDEWALKS SHARED USE PATHS AND VIBE SEGMENTS AS THEY APPEARED IN THE PLANS APPROVED BY VOTERS. OPTION ONE SECOND, I SUPPORT PAUSING THE CENTER STREET ON SYSTEM PROJECT OPTION FOUR THIRD, I SUPPORT PROCEEDING WITH THE CENTER STREET OFF SYSTEM PROJECT AS PLANNED, INCLUDING THE 12 FOOT VIBE TRAIL OPTION. THAT'S OPTION ONE. I ALSO WANTED TO ADDRESS SOMETHING THAT HAS BEEN FRUSTRATING ME. THESE, UH, DURING THE PAST FEW DISCUSSIONS, I'VE HEARD COUNCIL CHARACTERIZE THIS DEBATE AS AN EAST VERSUS WEST ISSUE, OR AS ONE COMMUNITY WANTING SOMETHING AT THE EXPENSE OF ANOTHER. I JUST WANNA BE VERY CLEAR, THIS IS NOT AN IDEA I'VE HEARD COMING FROM THE TRAIL COMMUNITY. I'VE NEVER HEARD SOMEONE INVOLVED WITH THE TRAIL COALITION SAY THAT WE SHOULD CHOOSE TRAILS ON THE WEST SIDE INSTEAD OF ROADS, SIDEWALKS, OR IMPROVEMENTS ON THE EAST SIDE. THAT FRAME, THAT FRAMING CAME FROM COUNCIL AND THAT'S PARTICULARLY FRUSTRATING TO ME BECAUSE THE ENTIRE MISSION OF THE TRAIL COALITION HAS BEEN THE EXACT OPPOSITE OF DIVIDING OUR COMMUNITY. WE HAVE LITERALLY AND FIGURATIVELY BEEN WORKING TO CONNECT OUR NEIGHBORHOODS AND OUR COMMUNITIES. MOST OF MY OWN VOLUNTEER TIME HAS BEEN SPENT ON THE EAST SIDE. I'VE HELPED BUILD TRAILS AT WATER LEAF BUTTON, AND LAKE KYLE PARK. I'VE WORKED SIDE BY SIDE WITH PEOPLE WHO LIVE IN THOSE NEIGHBORHOODS. I WANT THE SAME THINGS. THEY WANT, I WANT SAFE, EFFICIENT ROADS. I WANT SIDEWALKS AND CONNECTIVITY, AND I WANT KYLE TO HAVE GREAT OUTDOOR SPACES WHERE FAMILIES CAN WALK, RIDE BIKES, EXERCISE, AND HAVE FUN. AND IF ANYONE IN EAST KYLE, WEST KYLE, OR ANYONE OR ANYWHERE ELSE IN THE COMMUNITY WANTS TO HELP US WITH THAT CAUSE WE NEED YOUR HELP. 'CAUSE HERE'S WHAT I SEE WHEN I GO TO THOSE PARKS ON THE EAST SIDE. PEOPLE SHOW UP LOOKING FOR TRAILS AND 99% OF THEM DON'T KNOW WHERE THE TRAILS ARE. THEY'RE LOOKING FOR A TRAIL HEAD, THEY'RE LOOKING FOR A THREE MILE LOOP OR A FIVE MILE LOOP. THEY'RE LOOKING FOR A MAP AND THEY'RE LOOKING FOR A SIGN THAT TELLS THEM YOU'RE WELCOME HERE. HERE'S WHERE YOU GO, HERE'S HOW YOU CAN USE THIS PLACE. AND WE DON'T HAVE THAT. THAT'S SOMETHING WE CAN FIX. AND IT DOESN'T HAVE TO BE AN EAST SIDE ISSUE OR A WEST SIDE ISSUE, IT'S A KYLE ISSUE. SO I HOPE WE CAN STOP LOOKING AT THESE PROJECTS AS COMPETING, UH, COMMUNITIES AND START LOOKING AT THEM [00:15:01] AS PIECES OF THE SAME COMMUNITY. THANK YOU. THANK YOU. ALRIGHT, ALL. UM, NEXT I HAVE DAVID CURLEY. GOOD EVENING MAYOR COUNCIL HERE WITH ANN DOAN. SHE'S GONNA BE LETTING ME HER TIME TONIGHT. SO I'M DAVID CURTLEY. I'M A RESIDENT OF KYLE AND I'M ALSO AN ACTIVE MEMBER OF THE KYLE TRAIL COALITION, ALONG WITH JOSH KELLER YOU JUST HEARD FROM. AND WE PROMOTE HIKING AND BIKING, MOUNTAIN BIKING AND KYLE. AND WE WOULD REALLY LIKE IT IF PEOPLE, YOU KNOW, WANT TO GET INVOLVED IN OUTDOOR ACTIVITIES, IF THEY WOULD COME OUT AND JOIN US. WE HAVE ALL SORTS OF GROUPS RIGHT NOW THAT WE'RE DOING. I DO A GROUP CALLED TINY TRAILS, WHICH IS A, UH, A HIKING GROUP FOR TODDLERS. SO IF YOU HAVE ANY PRE-K KIDS AND YOU WANT TO GET 'EM STARTED EARLY ON, YOU KNOW, GETTING TO EXPERIENCE THE OUTDOORS, YOU SHOULD COME WITH, COME JOIN US. IT'S A MONTHLY, UH, THING THAT WE DO. AND SO, YEAH, SO TRAILS ARE REALLY IMPORTANT TO US. AND SO I'M HERE TONIGHT TO SPEAK ON AGENDA ITEMS NUMBER 18 AND 19, WHICH HAVE TO DO WITH THE VIBE TRAIL. IT'S A CITYWIDE NETWORK OF BIKE TRAILS, HIKING BIKE TRAILS, ALL THROUGHOUT KYLE THAT WILL ALLOW ANYONE TO GET FROM ANYWHERE IN KYLE TO ANYWHERE ELSE IN KYLE WITHOUT HAVING TO USE A CAR. YOU COULD USE A BIKE OR SCOOTERS OR, YOU KNOW, WHAT HAVE YOU. AND SO AT THE LAST MEETING THAT I SPOKE AT, ON, ON SEPTEMBER 10TH, UH, THERE WAS A COMPROMISE THAT WAS AGREED TO, BETWEEN MAYOR FLORES KALE AND COUNCIL MEMBERS ZAPATA, THAT WE WOULD PAUSE THE CENTER STREET PROJECT AND FOCUS, YOU KNOW, PRIORITIZE THE BUNTON CREEK PROJECT, UH, INSTEAD, UH, IN ADD, UH, INCLUDING THE VIBE TRAIL. UM, AND SO I THINK THAT THAT'S, UH, A GREAT IDEA. IT'S SOMETHING THAT OUR GROUP FROM EVERYONE THAT I'VE SPOKEN TO IN THE GROUP THAT WE ALL, UM, ALL ENDORSE. SO I HOPE THAT THE COUNCIL WILL, YOU KNOW, MOVE AHEAD WITH THAT IDEA. UM, I DID NOTE THAT IT SEEMS LIKE IT'S NOT GONNA BE POSSIBLE TO PAUSE THE, UH, CENTER STREET OFF SYSTEM PROJECT THE WESTERN HALF OF THE ROAD, BECAUSE IT SEEMS LIKE SINCE CONSTRUCTION CONTRACTS HAVE ALREADY BEEN SIGNED AND WORK HAS ALREADY BEGUN, THAT THERE WOULD BE JUST A PROHIBITIVE COST TO PAUSING THAT PROJECT. AND SO GIVEN THAT, I, I HOPE THE COUNCIL WILL GO AHEAD WITH KEEP, WITH MAINTAINING THE 12 FOOT WIDE FIVE TRAIL ALONG THE CENTER STREET, UM, OFF SYSTEM PORTION, THE WESTERN PORTION. SO I, AND, AND I'D ALSO, UH, OBVIOUSLY I'D LIKE THE, UH, ALL THE SIDEWALKS AND TRAILS AND VIBE TRAILS ON THE BUNTON CREEK PROJECT TO BE KEPT AS WIDE AS POSSIBLE, ESPECIALLY SINCE THAT'S A ROUTE THAT A LOT OF KIDS USE TO GET TO SCHOOL. UM, I THINK IT'S REALLY IMPORTANT, UM, FOR SAFETY THAT THOSE TRAILS ALL BE MAINTAINED AS WIDE AS POSSIBLE. AND I DID NOTICE, I, I BELIEVE THAT THE, THAT THAT BUNTON CREEK PROJECT HAS BEEN ADDED TO THE VIBE, UH, MAP SINCE THE PLANS WERE ORIGINALLY DRAFTED IN 2022. AND SO I WOULD LIKE STAFF TO, TO TAKE A LOOK AT THAT AND MAKE SURE THAT THE 10 FOOT SIDEWALK THAT'S CURRENTLY PROPOSED IS ACTUALLY WIDE ENOUGH. AND I THINK IT MAYBE SHOULD BE WIDENED TO 12 FOOT WIDE FIVE TRAIL, UM, ESPECIALLY IN IF IT'S GONNA CONNECT TO THE, UH, THE LE THE LEHMAN EXTENSION THAT'S GONNA, UH, BE BUILT HOPEFULLY SOON. IS THAT THREE MINUTES? OKAY, SO I GOT MORE. OKAY. ALL RIGHT. SO, UM, I ALSO JUST WANNA ADDRESS SOME OF THE LAST TIME I SPOKE. I MENTIONED ON SEPTEMBER 10TH, UH, THERE WERE SOME, UM, NOTIONS PUT FORWARD THAT THE FACT THAT THE VIBE WAS INCLUDED IN THE 2022 ROAD BOND WAS MAYBE NOT AS CLEAR AS IT COULD HAVE BEEN. AND I JUST WANNA MAKE SURE EVERYONE'S AWARE OF ALL THE INFORMATION RELATED TO THAT, THAT IT REALLY WAS VERY CLEAR. I THINK THAT THE VIBE TRAIL WAS INCLUDED IN THE 2022 ROAD BOND. AND SO THE FIRST THING IS, IF YOU GO AND LOOK AT THE JULY 23RD, 2022 CITY COUNCIL MEETING, IT'S THE BUDGET WORKSHOP FOR THE ROAD BOND. UH, THERE'S A SLIDE SHOWN DURING THAT PRESENTATION FROM KAY FREEZE, UH, THE, UH, ENGINEERING FIRM THAT WAS HIRED, THAT SHOWS IT'S A LINE ITEM AND IT SHOWS HOW MUCH MONEY WAS ALLOCATED FOR EACH ROAD BOND, HOW MUCH MONEY WAS ALLOCATED SPECIFICALLY FOR THE VIBE FOR EACH ROAD BOND PROJECT. SO, UM, THERE'S REALLY NO, UH, AMBIGUITY THERE, UH, THAT THE, THAT ALL THOSE VIBE PROJECTS WERE INCLUDED IN THOSE 22, 20 22 ROAD BOND PROJECTS. AND, UH, BOTH MAYOR FORRES KALE AND COUNCIL MEMBER TO BE A, UH, VOTED FOR THAT PROJECT AFTER ALL THAT HAD BEEN DISCUSSED. AND ANYONE CAN GO WATCH THAT, UH, THAT MEETING FOR THEMSELVES AND CONFIRM THAT. UM, THE, UH, THERE WAS ALSO A SUGGESTION PUT FORWARD THAT THE, THE IMAGES, UH, THE MAPS THAT WERE SHOWN AT THE ROAD BOND OPEN HOUSE IN OCTOBER OF 2022 DIDN'T HAVE [00:20:01] VIBE TRAILS ON THEM. THAT'S ALSO INCORRECT. UH, AND STANDING HERE WITH ME ACTUALLY DID AN OPEN RECORDS REQUEST AND GOT THE EXACT MAPS. THEY WERE VERY CLEARLY LABELED FINAL BOARDS FOR OPEN HOUSE OCTOBER, 2022. AND THEY DO SHOW THE VIBE TRAILS VERY CLEARLY. SO, UM, CERTAINLY ALL, ALL THAT MAKES MAKES VERY CLEAR THAT THERE WAS NO CONFUSION WHATSOEVER THAT THE DIVIDE TRAILS WERE PARTS OF THESE 2022 ROAD BOND PROJECTS. UM, WHAT WAS THE OTHER THING? WELL, I DON'T KNOW. YOU GET THE IDEA. UH, SO AGAIN, UM, JUST I WOULD REALLY URGE THE COUNCIL ON TONIGHT'S, UM, AGENDA ITEMS NUMBER 18 AND 19 TO VOTE OPTION ONE ON THE BUNTON CREEK ROAD PROJECT TO PRIORITIZE BUNTON CREEK ROAD WHILE MAINTAINING THE VIBE TRAILS ON THE CENTER STREET OFF SYSTEM TO VOTE. OPTION FOUR, WHICH IS, WOULD BE TO MOVE FORWARD WITH THE PLANS AS, UH, AS TO MOVE FORWARD WITH THE EXISTING PLANS, INCLUDING UNDERGROUNDING, THE UTILITIES, UM, AND CONSTRUCTING THIS 12 FOOT WIDE VIBE TRAIL. AND FOR THE CENTER STREET ON SYSTEM, UH, SORRY, I SAID THAT BACKWARDS, SORRY. THE CENTER STREET ON SYSTEM PROJECT OPTION FOUR IS TO, UH, PAUSE THE PROJECT FOR THE FUTURE, THEN THE CENTER STREET OFF SYSTEM PROJECT IS TO VOTE OPTION ONE, UH, WHICH IS WHAT I JUST DESCRIBED. SO HOPEFULLY YOU GUYS ARE MORE CLEAR ON THAT THAN I JUST WAS. BUT, UH, THANK YOU VERY MUCH. THANK YOU. I'M NEXT. I HAVE KENNETH ROCHA. GOOD EVENING, MAYOR COUNCIL. KENNETH ROCHA, HOMETOWN, KYLE DISTRICT FOUR. I WANNA START OFF WITH KUDOS, KUDOS TO OUR OFFICE OF CITY CLERK. THEY, UM, AS A CANDIDATE, THEY'VE HELPED OUT WITH MAKING SURE THAT ALL THE INFORMATION IS THERE FOR, UH, THE COMMUNITY AS WELL AS MAKING SURE THAT WHAT THEIR RESPONSIBILITY WILL FALLS INTO THEIR SCOPE IS PERFORMED. YOU DON'T NOTICE UNLESS IT'S NOT DONE. SO KUDOS TO OFFICER CITY, CLERK JENNIFER, AND HER TEAM. THERE'S A LOT ON THIS AGENDA. UH, THERE ALWAYS IS, AND IT'S CRITICAL AND IT'S IMPORTANT. SO I'M GONNA NAME A FEW. SO THE WATER PORTFOLIO ANALYSIS, THANK YOU MAYOR FOR BRINGING THAT UP. I THINK IT'S CRITICAL THAT WE UNDERSTAND WHAT IS IN OUR ENTIRE WATER PORTFOLIO AND LOOK AT IT TOGETHER RATHER THAN TRYING TO PIECEMEAL AND REMEMBER WHAT ACTIVITY WE MADE FOR ONE ITEM OR FOR ONE VENDOR OR SUPPLIER, ET CETERA. SO LOOKING AT IT HOLISTICALLY IS GONNA BE IMPORTANT. UM, THE OTHER ITEMS ARE THE APPROVAL OF, UM, THE EXTENSION FOR THE NAUS RIVER AUTHORITY PAYMENT, SECOND PAYMENT. UM, THERE'S DEFINITELY AN OPPORTUNITY TO GET SOME MORE INFORMATION. AND SO EXTENSION OF THAT IS GONNA BE IMPORTANT IF WE ARE HONEST AND TRUE ABOUT THE DEVELOPMENT OF OUR OFFICERS. I ASK THAT YOU CONSIDER WITHOUT DELAY, THE PUBLIC SAFETY ITEMS, WHICH ARE THE SIMULATED, THE SIMULATION, UM, SYSTEM, AS WELL AS THE DRONE, UM, GRANT, THE MICRO GRANT. SO PLEASE PUSH THOSE FORWARD. LET'S CREATE A LONG TERM AGREEMENT AND INVESTMENT FOR VFW. I THINK THEY DESERVED IT AS A PARTNER AND IT'S TIME. WE, WE SOLIDIFY THAT AGREEMENT. AND I BELIEVE YOU'VE HEARD ME SAY THAT OVER AND OVER, THAT THE A-E-L-P-R SYSTEMS IS A SOLVABLE MATTER. SO THANK YOU FOR BRINGING THAT UP, AND I LOOK FORWARD TO THE FUTURE DISCUSSIONS REGARDING LPRS FOR CENTER STREET. I'VE, I'VE MESSAGED AND I SEE ALL THE OPTIONS IN FRONT OF YOU, AND I'VE ASKED THAT WE CONSIDER SOMETHING DIFFERENT, WHICH IS, THAT'S NOT AN OPTION, WHICH ARE SIX FOOT SIDEWALKS ON EITHER SIDE AND IMPROVING AND GOING FORWARD WITH WHAT IS NOT UP FOR QUESTION, WHICH IS THE ROADWAY IMPROVEMENT. IF WE CAN MOVE FORWARD WITH THAT, AND WE HAVE THE OPPORTUNITY, AND THOSE THAT ARE STAKEHOLDERS FOR TRAILS ARE OPEN TO LOOKING AT THAT AT A FUTURE DATE, THAT'S ANOTHER SOLVABLE SOLUTION. BUT LET'S NOT PAUSE, LET'S NOT STOP THE IMPROVEMENTS WE ALREADY HAVE INVESTED IN FOR CENTER STREET, THINKING ABOUT OUR ROAD ADJACENT NEIGHBORS AND THE IMPACT TO THEM. THANK YOU. THANK YOU. [00:25:01] UM, NEXT I HAVE DON CONLEY. I'M SHORT . GOOD EVENING. UM, COUNCIL MAYOR, CITY PRO. UM, MY NAME IS DON CONLEY, FOR THOSE WHO DON'T KNOW, AND TONIGHT I'M NOT REPRESENTING CAS, BUT ANOTHER POSITION THAT I DO HERE IN THE COMMUNITY, WHICH IS SECRETARY FOR UNFORGETTABLE FAMILIES AND FRIENDS NONPROFIT. TONIGHT, YOU'LL GET A DEC, UH, PROCLAMATION FOR OCTOBER BEING THE DOMESTIC VIOLENCE AWARENESS MONTH AND UNFORGETTABLE FAMILIES AND FRIENDS EVERY MONTH IN OCTOBER STARTS THEIR PILLOW OF PEACE DRIVE. UH, CYNTHIA BENTLEY IN 2007 BROUGHT THIS DRIVE TO THE CITY OF KYLE WHERE SHE WAS ABLE TO GATHER 32 PILLOWS FOR THE HAYES CALDWELL WOMEN'S CENTER LAST YEAR WITH THIS DRIVE, WE COLLECTED 650 PILLOWS FOR SHELTERS AND WOMEN AND FAMILIES THAT WERE IN NEED. SO WE'RE ASKING FOR THE MONTH OF OCTOBER FOR THE COMMUNITY TO COME TOGETHER AGAIN, TO COLLECT STANDARD NEW PILLOWS, TO HELP BRING PEACE TO THOSE THAT HAVE TO FLEE THEIR HOMES IN THE SECOND AND CAN'T THINK OF WHAT TO TAKE AT LEAST AT NIGHT. THEY CAN HAVE A PILLOW TO PUT THEIR HEAD ON AND FIND SOME PEACE. WE'RE ADDING ANOTHER SECTION TO IT FOR THOSE THAT WOULD LIKE TO HELP AND CAN'T DO THE PILLOWS, MAYBE A NEW PILLOWCASE TO ADD TO THAT. UM, SO FOR THE MONTH OF OCTOBER, YOU CAN DROP OFF YOUR PILLOWS AND PILLOWCASES TO THE HAYES FIRE DEPARTMENT HERE ON MOORE STREET TO THE PUBLIC SAFETY BUILDING AND TO KYLE AREA SENIOR ZONE RIGHT NOW AT KRUG, AND MAYBE IN THE NEW BUILDING, HOPEFULLY BY THE END OF THE MONTH. UM, THERE'S A SECOND PART TO THIS AS WELL. ON NOVEMBER 7TH FROM 20, UH, FROM 9:00 AM TO NOON, YOU CAN VISIT WALMART HERE IN KYLE OR KOHL'S AND PURCHASE PILLOWS THERE. THERE'LL BE LOTS OF NONPROFITS COLLECTING THOSE PILLOWS, AND THEN THEY'LL BE TAKEN. SO, UM, I THINK WE CAN DO IT. I THINK WE CAN GET 750 PILLOWS THIS YEAR. SO THANK YOU FOR GIVING YOUR TIME. UM, AND PLEASE REMEMBER, WE ALL NEED A SAFE PLACE FOR OUR HEAD AND ESPECIALLY IN TIMES WHEN WE'RE STRESSED AND JUST DON'T KNOW WHAT ELSE TO DO. HAVE A GOOD EVENING. THANK YOU. UM, NEXT I HAVE LARRY STAMPS. GOOD EVENING, MAYOR COUNCIL MAYOR PRO TEM. I'M LARRY STAMPS, REPRESENTING MYSELF. AND I FIRST WANT TO, BEFORE I GET INTO THE NUTS AND BOLTS OF THIS, I WANT TO THANK EACH AND EVERY ONE OF Y'ALL. I KNOW WE HAVE POLITICAL DIFFERENCES ON SOME OF THE ISSUES, IF NOT A LOT AT TIMES, I GET THAT. BUT YEAH, YOU GUYS TAKE A BEATING AND I, FOR ONE, KNOW THAT IT'S, IT'S TOUGH UP THERE. I REALLY DO. UH, WHAT I'D LIKE TO DO, AND I THANK YOU FOR YOUR SERVICE, I'D LIKE TO FIRST ASK THAT WE MOVE ITEM NUMBER 15 AND NUMBER 16 UP TO THE BEGINNING OF THE MEETING, UH, AND TAKE CARE OF AND RESOLVE THOSE ISSUES, UM, AS SOON AS POSSIBLE. THE FIRST IS CONSIDER THE APPROVAL OF RESOLUTION OF ACCEPTING CO, UH, COUNCIL MEMBERS UPON IT'S RESIGNATION. AND THEN 16 IS TO FILL THE VACANCY OF AN EXPIRED TERM IN DISTRICT THREE AT LARGE AND HAVE THE EFFECTIVE DATES. UM, AS STATED, SPEAKING OF DISTRICT THREE, UM, I HAD A WHOLE BIG SPEECH PLANNED OUT, BUT I'M NOT GONNA GIVE IT BECAUSE I DON'T HAVE TIME. BUT I'M ANNOUNCING TONIGHT THAT I AM A CANDIDATE, WILL BE A CANDIDATE OFFICIALLY, WHEN THE CITY, UH, IS PREPARED TO TAKE MY APPLICATION FOR THE CITY. UH, COUNCIL MEMBER, DISTRICT THREE AT LARGE SEAT. I DON'T KNOW IF ANYBODY'S HAPPY ABOUT THAT, BUT I AM . UM, AND, AND THERE'S A, THERE'S A REASON I I, I RAN FOR PUBLIC OFFICE ONCE BEFORE, BACK IN 2 0 0 5, AND I SAID I'D NEVER DO IT AGAIN. AND I'M STANDING HERE IN FRONT OF YOU SAYING, AS A LIVING EXAMPLE, THAT NEVER SAY NEVER, BECAUSE IT CAN ALWAYS HAPPEN. IT'S, YOU KNOW, IT'S JUST INEVITABLE. UH, SO I AM RUNNING ON THE ROCK, AND IT'S KYLE'S ROCK, AND THAT'S ROCK IS SPELLED ROK, MEANING RESTORE OUR KYLE. AND IF ELECTED, WHICH I CERTAINLY PLAN TO DO MY BEST TO DO, UH, WE'RE GONNA RESTORE KYLE, RESTORE OUR KYLE BACK TO TRY TO GET IT BACK TO THE NICE HOMETOWN SPIRIT THAT WE HAD. EVEN THOUGH WE DO HAVE, YOU KNOW, TEXAS ROADHOUSE AND SONICS AND EVERYWHERE, ALL POCO LOCALS ALL OVER THE WORLD. SO WE'RE . WE'RE DEFINITELY GOING TO TRY OUR BEST AND MY TALENTS, UH, MY SKILLS, EDUCATION, [00:30:01] EXPERIENCE AND LEADERSHIP. I WOULD BE HAPPY TO WORK WITH EVERY SINGLE ONE OF YOU ON A ONE-ON-ONE BASIS OR IN A GROUP SETTING. I WANT TO SOLVE PROBLEMS FOR OUR CITY. AND I DON'T KNOW A BETTER BUNCH OF PEOPLE THAT WE COULD DO THAT WITH THAN SITTING ON THIS DAIS. SO WITH THAT, I THANK YOU FOR YOUR TIME. UH, AGAIN, ROCK. LET'S ROCK . ALL RIGHT, THANK YOU. UP NEXT I HAVE MICHAEL MCDONALD. EXCUSE ME. GOOD EVENING. I ALSO WOULD LIKE TO BRING A, UH, AGENDA ITEM 15 AND 16 TO THE TOP. AND ALSO, I PERSONALLY WANT APOLOGIZE TO COUNCIL MEMBER GZA MEDINA MAYOR, UH, KALE AND, UM, PRO TEM TOBIAS FOR TAKING, UH, HEAT AND GETTING CALLED ALL DIFFERENT NAMES BY A CERTAIN COUNCIL MEMBER, NOT JUST ONLINE, BUT FROM THE DIOCESE AS WELL. SO JUST KEEP DOING WHAT YOU'RE DOING AND I APPRECIATE YOU GUYS. THANK YOU. ALL RIGHT, THANK YOU. NEXT I HAVE STEPHANIE MCDONALD. GOOD EVENING, MAYOR FLORES KALE AND CITY COUNCIL MEMBERS. THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT. I WOULD LIKE ALSO TO ASK YOU TO MOVE ITEM 15 TO THE TOP OF THE DISCUSSION. AND ITEM 16, LOOKING BACK AT ALL, THAT'S BEEN ACCOMPLISHED. I AM SO HAPPY ABOUT THE DIRECTION OUR CITY HAS TAKEN. WE HAD A $14 MILLION PLUS BUDGET DEFICIT THAT TOOK US BY SURPRISE WHEN WE FOUND OUT ABOUT IT THIS SPRING. WE'VE HAD COUNCIL MEMBERS THAT SAID WE COULD TAKE YEARS TO, TO GET OUT OF THIS DEBT. WE DIDN'T HAVE TO DO IT ALL AT ONCE INSTEAD OF OPTING, UH, TO DEAL WITH IT SOLELY DURING THE 20 26, 27 BUDGET. THANKFULLY, OUR INTERIM CITY MANAGER, PERVEZ AND THE FINANCE TEAM BROUGHT US A BUDGET FOR 26 27 THAT PULLED US COMPLETELY OUT OF THAT $14 MILLION PLUS DEFICIT IN ADDITION TO HAVING A $2.5 MILLION SUR SURPLUS. THAT TO ME, WAS AMAZING. I STILL CAN'T GET OVER IT. I'M THANKFUL FOR THE FORENSIC AUDIT THAT WAS PASSED. AND WITH THE RECENT REVELATION OF TWO ERRORS, TWO ERRORS THAT COST OUR CITY $5 MILLION BEFORE THE AUDIT HAS TAKEN PLACE, IT SEEMS MOST TAXPAYERS WOULD SEE THE DIRE NEED FOR THIS AUDIT AND THAT IT BE DONE EXPEDITIOUSLY. YES, TOUGH DECISIONS WERE MADE, BUT THAT'S WHAT THOSE THAT ARE FISCALLY RESPONSIBLE DO. AS OUR INTERIM CITY MANAGER, PERVE STATED, THE COUNCIL COULD DIRECT HIM TO BRING A $5 MILLION BUDGET FOR ROADS TO GET ALL THE REST OF THOSE ROADS FINISHED, WHICH IS OVER 200 MILLION MORE THAN WHAT THE VOTERS APPROVED. AND WE COULD TAKE CARE OF ALL THOSE ROADS AND ANY OTHER PROJECTS. BUT AS HE STATED, TAXES WOULD GO UP. COUNCIL MEMBERS ZAPATA SAID WE COULD APPROVE IT THROUGH CO BONDS. BUT THE PROBLEM IS THAT THE CO BONDS ARE ON THE BACKS OF THE RESIDENTS OF THE TAXPAYERS, AND THEY'RE ISSUED WITHOUT VOTER APPROVAL. AND IF THAT HAD BEEN DONE, MANY WOULD NOT BE ABLE TO CONTINUE LIVING IN KYLE. THAT'S NOT FINANCIALLY THOUGHTFUL OR PRUDENT. IT WOULD CAUSE THOSE IN THE CATEGORY OF MARGINALIZED COMMUNITIES TO SUFFER THE MOST FINANCIAL IMPACT, THE MOST HARDSHIP. THANK YOU FOR NOT CHOOSING THAT OPTION. THANK YOU FOR CHOOSING TO KEEP KYLE AFFORDABLE. THANK YOU FOR CHANGING THE DIRECTION OF YEARS OF OVERSPENDING AND UNDERESTIMATING REVENUE. WE SHOULD ALWAYS HAVE AN OVERAGE IN OUR RESERVES SO THAT WE'RE PREPARED FOR THE UNEXPECTED. THANK YOU FOR STOPPING. BEFORE THAT RESERVE WAS COMPLETELY DEPLETED DURING YOUR AMENDMENTS OF THE BUDGET. AND IN DECIDING ON 12 FOOT WIDE RECREATIONAL TRAIL OR SIX FOOT SIDEWALK, I ASK YOU TO CONSIDER OUR RESIDENTS. THEY, THERE'S TALK OF A 12 FOOT SIDEWALK, BUT IT'S A RECREATIONAL TRAIL IF YOU'RE PLANNING ON PUTTING GOLF CARTS AND BICYCLES AND E-BIKES AND SCOOTERS, UM, ESPECIALLY FOR OUR KIDS AND ELDERLY THAT ARE WALKING IN THE STREETS TO GET AROUND IN SOME AREAS 'CAUSE THEY HAVE NO SIDEWALKS. I I JUST ASKED THAT YOU, WE VOTED IN 2022. THE BALLOT LANGUAGE WAS ROADS, SIDEWALKS, AND BRIDGES. AND I THINK THOSE NEED TO BE DONE. I'M NOT AGAINST A A RECREATIONAL TRAIL, BUT I THINK WE NEED BASIC INFRASTRUCTURE FINISHED FIRST BEFORE WE ADD THAT. AND ON ITEM NUMBER 15, I'VE SEEN TALK OF COUNCIL MEMBER ZAPATA TAKING A JOB OUTTA STATE. AND I DON'T KNOW IF THAT'S A FACT, BUT I WOULD ASK THAT THE COUNCIL PLEASE CONFIRM THAT SHE WILL CONTINUE TO LIVE IN KYLE IF SHE PLANS ON CONTINUING ACCESSING CITY INFORMATION UNTIL HER REPLACEMENT, UH, TAKE IS PLACED ON THE, UM, ON THE COUNCIL. THANK YOU SO MUCH. THANK YOU. ALL RIGHT. I DO NOT HAVE ANY MORE FORMS. WOULD [00:35:01] ANYBODY ELSE LIKE TO COME UP AND SPEAK? ALL RIGHT. LOOKS LIKE WE HAVE A FEW OF THEM. THANK YOU KINDLY. OKAY. WE HAVE JOSHUA RONSON, HOMETOWN. KYLE, YOU LOOK SO FAMILIAR. JOSHUA RONSON. THANK YOU. GOOD EVENING, MAYOR. GOOD EVENING. COUNCIL, DO I HAVE YOUR PERMISSION TO PROCEED? YOU MAY. THANK YOU. THANK YOU. UM, I'D ALSO LIKE TO ECHO THE SENTIMENTS OF EVERYBODY SHOWING GRATIFICATION. UM, THERE IS A LOT OF HARD WORK, A LOT OF ENERGY THAT GOES INTO PREPARATION, MAKING YOURSELF AWARE OF WHAT'S GOING ON, TRYING TO MAKE EVERYBODY HAPPY, ESPECIALLY WHEN THERE'S SOME PEOPLE THAT JUST REGARDLESS OF WHAT YOU DO, THEY'RE NOT GOING TO BE HAPPY AND YOU DO GET BEAT UP. THAT'S KIND OF PART OF POLITICS IN A WAY. UM, SO, BUT I I, FROM SOMEBODY THAT GREW UP HERE IN THE CITY OF KYLE, I APPRECIATE, UH, THE LASHINGS THAT YOU'VE TAKEN. SO I WILL MOVE ON FROM THERE. UM, I WOULD ALSO REQUEST THAT WE MOVE UP AGENDA ITEMS NUMBER 15 AND 16. UM, AND THEN I'M GONNA READ THIS FOR YEARS, MANY CITIZENS HAVE FELT THAT THEY WERE HAVE COME BEFORE COUNCIL BEFORE THIS COUNCIL, AND THEY WEREN'T BEING HURT. PEOPLE SPOKE ABOUT ANNEXATION OF THEIR PROPERTIES, HOW THEIR TAX DOLLARS WERE BEING SPENT, AND DECISIONS THAT DIRECTLY AFFECTED THEIR HOMES AND FAMILIES. TOO OFTEN THEY WALKED AWAY FEELING DISMISSED RATHER THAN REPRESENTED. I SAT IN THOSE MEETINGS WHEN WE ANNEX LARGE PARCELS OF PROPERTY. WE WERE FARMERS AND RANCHERS CAME IN HERE IN THEIR OVERALLS AFTER WE'RE COMING IN PLEADING TO COUNSEL, PLEASE DON'T ANNEX US. WE GET NO BENEFIT. YOU'RE GONNA PICK UP OUR TRASH. YOU'RE GONNA DRIVE A COP DOWN THE ROAD. WE GET NO BENEFIT WHATSOEVER. YOU KNOW WHAT COUNSEL? YOU KNOW, THE MAYOR DID NOTHING. THEY DISREGARDED EVERYTHING THEY SAID. MILLIONS OF DOLLARS OF REV OF, OF, UH, PROPERTY. UM, THESE ESTATES HAD BEEN THESE FAMILIES FOR GENERATIONS, AND COUNCIL IGNORED THEM. THIS COUNCIL, THE MAYOR, FORMER MAYOR, IGNORED THEM. TO ME, THAT'S BULLYING. WE'VE ALSO HEARD SERIOUS ALLEGATIONS AND QUESTIONS REGARDING CITY SPENDING. THOSE CONCERNS DESERVE TRANSPARENCY AND ANSWERS. PUBLIC MONEY BELONGS TO THE PUBLIC AND CITIZENS HAVE EVERY RIGHT TO ASK HOW IT IS BEING SPENT WITHOUT BEING ATTACKED. I WOULD STRONGLY RECOMMEND COUNSEL TO MOVE FORWARD WITH FUNDING AND SOLICITING RF QS AS SOON AS POSSIBLE. AND I WANNA MAKE SOMETHING, UH, VERY CLEAR. BEING TOLD NO IS NOT BIGOTRY. I DO NOT USE, UH, I DO NOT HATE MY CHILDREN BECAUSE I WON'T LET THEM HAVE THEIR WAY. DISAGREEING WITH SOMEONE IS NOT HATRED. CITIZENS SHOULD BE ABLE TO DISAGREE WITH THEIR GOVERNMENT, THEIR MAYOR, THEIR CITY COUNCIL MEMBERS, AND WITH EACH OTHER WITHOUT IMMEDIATELY BEING ASSIGNED A LABEL INTENDED TO SILENCE THEIR CONVERSATION. I WOULD ALSO LIKE TO KNOW HOW MANY REPORTS INVOLVING ALLEGED THREATS HAVE BEEN AGAINST ELECTED OFFICIALS HAVE BEEN FILED WITH OUR POLICE DEPARTMENT. IT'S BEEN ALLEGED THAT THERE'S BEEN THREATS. IF THOSE THREATS ARE CREDIBLE, I THINK THEY SHOULD BE FILED WITH OUR POLICE DEPARTMENT. IF WE'RE GOING TO CHARACTERIZE CITIZENS' WORDS OR ACTIONS AS THREATS, THEN LET'S DEAL WITH THE FACTS. WERE THERE THREATS REPORTED? WERE THEY INVESTIGATED? WHAT WERE THE RESULTS? IF ACTUAL VIABLE THREATS WERE MADE, I HOPE THAT THEY ARE BEING INVESTIGATED AND DEALT WITH APPROPRIATELY. OFTEN MEMBERS OF GOVERNMENT CAN BEGIN WITH AGENDA AND THEN WORK BACKWARDS TO JUSTIFY THAT AGENDA. LISTENING THEN BECOMES SECONDARY CITIZENS BECOME OBSTACLES INSTEAD OF CONSTITUENTS. THAT IS NOT HOW REPRESENTATIVE GOVERNMENT SHOULD WORK. YOU ARE HERE TO REPRESENT THE PEOPLE. THANK YOU. THANK YOU. UP NEXT I HAVE BETTY CONLEY. GOOD EVENING. I'M BETTY CONLEY WITH DISTRICT SIX. I WANTED TO SAY THAT THE WEST AND EAST HAS BEEN GROWING FOR A LONG TIME AND DIDN'T JUST COME FROM THIS COUNCIL. AND I LIVE ON THE EAST WHEN WE TALK ABOUT $42 MILLION USED FOR THE CENTER STREET AND ALL THAT. AND NOTHING OVER ON THE EAST, NO SIDEWALKS, NO TRAILS, NO NOTHING FOR THE KIDS THAT ARE THERE AT THAT SCHOOLS. AND THERE'S THREE SCHOOLS AROUND ME AND I HAD TWO PEOPLE HIT ON A BIKE. THERE'S NO NOWHERE FOR THEM TO WALK. IT HAS TO DO NOT EAST AND WEST. IT HAS TO DO WITH THE FUNDS THAT YOU HAVE TO BE ABLE TO USED WHERE THEY NEED TO BE USED. AND THEY HAPPEN TO BE, NEEDED TO BE USED ON THE EAST SIDE AT THIS TIME. IF WE HAD ALL KINDS OF FUNDING THAT I HAVE NO PROBLEM WITH THE VIBE TRAIL. I ALSO UNDERSTAND THAT WE'RE NOT ALLOWED TO HAVE GO-KARTS IN, IN TEXAS ON THE SIDEWALKS. SO I DON'T KNOW HOW THAT'S GONNA WORK ON A VIBE TRAIL, BUT, UM, I REALLY BELIEVE THAT IT COMES DOWN TO HARD KNOCKS OF, OKAY, IF WE CAN'T GO TO THE MOVIE TONIGHT BECAUSE WE HAVE A BUDGET, THEN WE DON'T DO THE MOVIE. IF WE CAN'T PUT IN THOSE SIDEWALKS RIGHT NOW, THE VIBE TRAIL, BECAUSE WE NEED THE SIDEWALKS FOR THE KIDS' SAFETY. [00:40:01] WE PUT IN THE SIDEWALKS FOR THE KIDS' SAFETY. IT DOESN'T MEAN WE GET RID OF THE VIBE TRAIL. IT JUST MEANS WE PAUSE THE VIBE TRAIL AND WE THINK MENTALLY HEAR ABOUT THE BUDGET AND HOW WE'RE USING IT. WHAT IS MORE IMPORTANT THAN THE SAFETY OF A CHILD WALKING TO SCHOOL BACK AND FORTH. THERE ARE TRAILS HERE FOR THE BIKERS TO USE. IT'S NOT AS IF THERE ARE NONE. THESE SIDE, THERE ARE NONE. NO SIDEWALKS. NADA. SO THERE'S A DIFFERENCE OF WHEN PEOPLE WERE SAYING, AND I'M ONE OF THEM HAS BEEN HOLLERING FOR THE EAST SIDE. YOU KNOW THAT MR. TOBIAS, I'VE BEEN CALLING YOU, EMAILING YOU SEVERAL PEOPLE, ESPECIALLY WHEN PEOPLE GOT HIT WITH THE BIKES, OR NOT THE BIKE, BUT THE, YOU KNOW, THE DEY LANE. WE NEED TO CONCENTRATE ON THE CITY AS A WHOLE AND WE NEED TO MAKE IT SAFE AS A WHOLE, BOTH FOR BOTH BIKERS AND WALKERS. BUT I THINK WHERE SCHOOLS ARE, WHERE ROADS ARE THAT THEY HAVE TO WALK ON, A LOT OF THEM HAVE TO WALK TO SCHOOL BECAUSE THEY'RE IN THAT LITTLE DISTANCE. I THINK IT'S TWO MILES AND YOU CAN'T RIDE THE BIKE, SO YOU HAVE TO WALK TO SCHOOL. THOSE NEED TO BE DONE. AND IT ALL DEPENDS ON THE BUDGET OF WHAT WE CAN HAVE DONE. ALL RIGHT, THANK YOU. I HAVE NO MORE FORMS. WOULD ANYBODY ELSE LIKE TO COME UP AND SPEAK BEFORE I CLOSE? CITIZEN'S COMMENTS? ALL RIGHT. SEEING NONE, I'M GONNA CLOSE. CITIZEN'S COMMENTS. UM, NEXT [IV) Agenda Order] WE HAVE AGENDA ORDER. UM, IT LOOKS LIKE WE'RE GONNA MOVE UP 15 AND 16. WOULD ANYBODY ELSE LIKE TO MOVE UP? ANY OTHER ONES? NUMBER 24. 16 AND 16 IS ALREADY RIGHT AFTER CONSENT. OH, IS IT? LET'S SEE. YEAH, I GUESS WE DON'T NEED TO MOVE IT UP. IT'S ALREADY FIRST AND OKAY. I'M GOOD WITH THAT. NUMBER 24. NUMBER 24. WERE THERE ANY OTHER ONES? I WOULD LIKE TO MOVE SOMETHING BACKWARDS. SO I THINK NUMBER SEVEN CAN GO WITH OUR CONVERSATION UNDER COUNSEL NUMBER SIX. OKAY. REGARDING, UM, SIX REGARDING OUR FLOCK OR OUR LICENSE PLATE READER'S CONVERSATION. WOULD YOU GUYS BE OKAY WITH PUTTING THOSE TOGETHER? CAN WE MOVE THOSE FORWARD, UM, IN THE AGENDA? UM, I THINK WE ARE. I I, NO, IT'S JUST, WELL, ONE'S CONSENT AND ONE'S COUNSEL. SO COUNSEL, I REALLY DON'T WANNA MOVE IT FORWARD 'CAUSE I THINK WE HAVE SOME BUSINESS THAT WE NEED TO TAKE CARE OF. UM, I WOULD LIKE TO PULL ITEM NUMBER 27 TO THE TOP ALONG WITH POLLING ITEMS NUMBER SIX AND SEVEN FROM CONSENT. OKAY. I THINK WE'LL JUST HAVE TO TAKE A VOTE ON THAT. 'CAUSE I PREFER NOT TO MOVE EVERYTHING. I DON'T WANNA MOVE IT YET. I THINK WE HAVE A LOT OF DISCUSSIONS WE NEED TO HAVE AND I DON'T WANT TO BECOME, UM, I DON'T WANT THE CONVERSATION TO BECOME, UM, HEATED OR HOT. SO I PREFER TO LEAVE I ITEM 27 UNDER CITY COUNCIL ITEMS. I PREFER TO MOVE IT UP ONLY BECAUSE THERE ARE GONNA BE INDIVIDUALS WHO ARE WATCHING AND I DON'T WANT TO MAKE THEM WAIT UNTIL THE END OF THE MEETING SO WE DON'T HAVE TO BRING IT TO THE TOP. BUT IF WE COULD JUST MOVE IT EARLIER, I WOULD BE ABLE TO, THAT WE DO 15, 16, MOVE 27 AND THEN HAVE 24. WELL, 15 AND 16 IS ALREADY GONNA STAY. SO IT'S 24 AND 27. WE CAN DO IT IN THAT ORDER. 24, 27. HOLD ON. WE DO FIF WE DO 15 MAYOR, WE DO 15, 16. WE'LL JUST END IT HERE. WE'LL DO 15, 16, MOVE 27, THEN 24 RIGHT AFTER. UM, AND ARE WE LUMPING SIX AND SEVEN IN WITH 27? THAT COULD BE PULLED DURING CONSENT? WELL, I, WE ALSO HAVE, WE ALSO HAVE PEOPLE HERE FOR THE VIBE DISCUSSION. THOSE CAN COME AHEAD OF THE A LPR. I JUST DON'T WANT THE A LPR TO BE THE LAST THING THAT'S DISCUSSED. OKAY. SO HOW ABOUT WE MAKE IT AFTER 25 AFTER, RIGHT. LIKE THE FIRST ITEM ON CITY COUNCIL ITEMS. UNLESS THERE'S SOMETHING OKAY. LIKE THE VFWI WOULD LIKE THAT TO COME 'CAUSE THAT'S [00:45:01] MAYOR. IF I COULD JUST BE MAYOR, PRETEND IF I, IF I COULD JUST BE A LEEWAY OF COMPROMISE HERE. AGAIN, I UNDERSTAND 20 SEVEN'S GONNA BE A, A VERY STRONG DISCUSSION, BUT I THINK IF WE CAN BE PROFESSIONAL AT IT AND WE CAN, UH, HAVE GOOD, ACCURATE INFORMATION GIVEN OUT, I THINK IT'D BE, UM, BENEFICIAL TO WHERE WE CAN BE ABLE TO HAVE THIS DISCUSSION. IT SHOULDN'T TAKE VERY LONG. WELL, IT IS ME AND MEDINA'S, UM, ITEM, SO I, I DON'T KNOW HOW LONG IT'S GONNA TAKE. HISTORICALLY, THESE A APRS HAVE TAKEN A LONG TIME AND SO WE HAVE, UH, ITEMS LIKE AGENDA ITEM 19 THAT I THINK PEOPLE WANNA HEAR ABOUT AS WELL. UM, OKAY. THEN IT CAN COME AFTER 19. I JUST DON'T THINK THAT IT SHOULD BE LEFT ALL THE WAY AT THE VERY BOTTOM. OKAY. YOUR FILE AGAIN, MY ONLY CONCERN IS NOT GETTING THROUGH THE AGENDA WITHOUT GETTING EMOTIONS AS THEY HAVE BEEN HISTORICALLY SHOWN. I'M AMENABLE TO PUTTING IT AFTER 19 IF EVERYBODY ELSE'S. OKAY. SO WE CAN MOVE IT UP TO ITEM 24 20. ARE YOU OKAY WITH THAT? SO WE GO 19 AND 27 AND 20? YES. OKAY. MM-HMM . OKAY. ALL RIGHT. THANK YOU MAYOR. AND WE'RE ALSO GONNA PULL SIX AND SEVEN TO BE SPOKEN WITH AT THE SAME TIME. IS THAT CORRECT? YES. OKAY. SO WE'RE GONNA DO SIX, SEVEN, WHAT NUMBER? 24. 24. BETWEEN 16 AND 17 WHERE? I'VE GOT IT IN MY NOTES. OH YEAH. WHERE'S NUMBER 24 GOING AFTER? UM, 15. OKAY. 15, 16. AND THEN WE'LL DO 24. ALL RIGHT. SO THE WAY I HAVE IT NOW, IT'S GONNA GO 1624 AND THEN 19 AND 27. THAT CORRECT? WE GOT 17 THROUGH 19 THEN 27. YES. OKAY. I THINK WE'RE ON THE SAME PAGE. LET'S ROLL. I . WE'RE ON. ALL RIGHT. SO WE HAVE CONSENT. DOES ANYONE REACH? [3) A proclamation recognizing National Night Out, October 6, 2026.] WE HAVE, UM, OH, WAIT, NO, WE HAVE PROCLAMATIONS. YES. RIGHT. WE ARE OFF MY A GAME. ALL RIGHT. UP NEXT WE HAVE A PROCLAMATION RECOGNIZING NATIONAL NIGHT OUT. OCTOBER 6TH, 2026. ITEM PRESENTER, MARK MCKINNEY. YEAH, THIS IS AN OPPORTUNITY TO REALLY GET OUT, GET TO KNOW YOUR NEIGHBORS, GET TO KNOW YOUR FIRST RESPONDERS. UH, I'M PROUD TO BE ABLE TO, TO BE A PART OF THIS. LOOKING FORWARD TO TOMORROW NIGHT. UH, THAT'S WHY WE'RE MEETING TONIGHT AND NOT, NOT ON A REGULAR TUESDAY. SO WHEREAS NATIONAL NIGHT OUT IS AN ANNUAL EVENT DEDICATED TO STRENGTHENING THE BONDS BETWEEN LAW ENFORCEMENT OFFICERS AND THE COMMUNITIES THEY SERVE, PROMOTING AWARENESS, SAFETY, AND UNITY WITHIN NEIGHBORHOODS. AND WHEREAS THE MEN AND WOMEN OF THE KYLE POLICE DEPARTMENT ARE COMMITTED TO BUILDING TRUST, FOSTERING COMMUNICATION, AND CREATING SAFER, STRONGER COMMUNITIES BY ACTIVELY ENGAGING WITH RESIDENTS AND WORKING COLLABORATIVELY WITH LOCAL ORGANIZATIONS AND COMMUNITY MEMBERS. AND WHEREAS NATIONAL NIGHT OUT PROVIDES A VALUABLE OPPORTUNITY FOR LAW ENFORCEMENT OFFICERS TO CONNECT WITH RESIDENTS IN A POSITIVE, INFORMAL SETTING, ALLOWING FOR OPEN DIALOGUE, MUTUAL UNDERSTANDING, AND THE SHARING OF RESOURCES THAT ENHANCE PUBLIC SAFETY AND QUALITY OF LIFE. AND WHEREAS THIS EVENT ALSO SERVES AS AN OPPORTUNITY TO RAISE AWARENESS ABOUT CRIME PREVENTION, PROMOTE NEIGHBORHOOD WATCH PROGRAMS, AND ENCOURAGE PROACTIVE EFFORTS TO ENSURE THE SAFETY OF ALL INDIVIDUALS AND FAMILIES IN OUR COMMUNITY. AND WHEREAS WE RECOGNIZE THE IMPORTANCE OF CONTINUED COLLABORATION BETWEEN LAW ENFORCEMENT AND COMMUNITY MEMBERS IN ADDRESSING ADDRESSING ISSUES OF PUBLIC SAFETY. AND IT IS ESSENTIAL THAT WE STRENGTHEN THOSE PARTNERSHIPS TO CREATE AN ENVIRONMENT WHERE EVERYONE FEELS SUPPORTED. SAFE AND HEARD. NOW, THEREFORE, I MARK MCKINNEY COUNCIL MEMBER DISTRICT FIVE DO HEREBY DECLARE OCTOBER 6TH AS NATIONAL NIGHT OUT IN THE CITY OF KYLE. ALL RIGHT. ANY COMMENTS? NOPE. I LOVE NATIONAL NIGHT OUT. IT'S FUN. EVERYBODY GETS TO GO OUT AND YOU GET TO MEET WITH THE NEIGHBORS. UM, YES. WELL, AND GETTING TO KNOW OUR POLICE OFFICERS TOO. YES. I MEAN, I, I THINK I'VE GOT HALF OF 'EM ON A FIRST NAME BASIS AT THIS POINT. , I LOVE IT. LIKE, YEAH, JUST SO IF PEOPLE ARE NOT AWARE, SO THE OFFICERS ARE KIND ENOUGH TO LET US TAG ALONG WITH THEM AND WE'LL, WE'LL HIT UP DIFFERENT NEIGHBORHOODS. SO, UM, I'VE TOLD A NEIGHBORHOOD THIS LAST WEEK, IF YOU, IF YOUR SUBDIVISION IS HAVING A GET TOGETHER, LET OUR CITY KNOW AND WE WILL PUT THAT IN OUR ROUTE SO WE CAN STOP BY AND SAY HI TO EVERYBODY AND, AND MEET YOU AND, UH, YOU KNOW, YEAH, WE TRY TO HIT AS MANY AS WE CAN. THERE'S TOO MANY TO, TO GET ALL OF IT SEEMS LIKE TWO HOURS. I WISH WE COULD NEVER LONG ENOUGH. YEP. AND NOW'S THE TIME WHERE IT GETS DARKER LATER. I MEAN EARLIER. SO THAT KIND [00:50:01] OF THROWS IT OFF AS WELL. IF I MAY ADD, WHEN YOU ATTEND THESE, UH, NATIONAL NIGHT OUT EVENTS THAT ARE IN YOUR NEIGHBORHOOD, GO TALK TO PEOPLE. MM-HMM . OKAY. IT'S NICE TO JUST KIND OF SHOW UP AND JUST GET A LITTLE SNOW CONE AND STAND THERE AND WATCH PEOPLE AROUND. THAT'S WHAT IT'S FOR. BECAUSE YOU KNOW, THERE'S, THERE'S A LOT OF PEOPLE THAT HAVE LIKE FIVE OR 600 FRIENDS ON FACEBOOK, BUT THEY HAVE NO IDEA WHAT THEIR NEIGHBOR'S NAME IS NEXT DOOR. PRETTY SAD, AIN'T IT? YOU KNOW, IT'S TRUE. YOU GO ACROSS THE STREET, WHEN WAS THE LAST TIME YOU SAID HI TO THAT NEIGHBOR OR THE KIDS DOWN THE ROAD AS FAR AS JUST KNOWING WHO THAT FAMILY IS. BUT YOU'VE GOT ABOUT, WHAT, 600 FACEBOOK FRIENDS AND TIKTOK AND ALL THAT OTHER STUFF IS PRETTY, PRETTY AMAZING, HUH? PRETTY IRONIC. SO YEAH, WHEN YOU'RE THERE, GO SEE YOUR PEOPLE, TALK TO YOUR NEIGHBORS, GET TO KNOW 'EM. LET 'EM KNOW THAT WE'RE CITY COUNCIL, OF COURSE, AS WELL. BUT ALSO GIVE THANKS TO THE FIRST RESPONDERS THAT SHOW UP, THE POLICEMEN AND THE FIREMEN THAT ARE THERE. THANK YOU, MAYOR. YOU BET. ALL RIGHT, NEXT WE [4) A proclamation recognizing Domestic Violence Awareness Month, October 2026, presented to Kyle Police Department.] [5) A proclamation recognizing Domestic Violence Awareness Month, October 2026, presented to Hays-Caldwell Women's Center.] HAVE, UH, TWO PROCLAMATIONS RECOGNIZING THE SAME. SO I'M GONNA PULL 'EM BOTH UP AT THE SAME TIME. WE HAVE, UM, A PROCLAMATION, UM, BOTH FOR DOMESTIC VIOLENCE, UM, FOR MYSELF AND FROM LAURA LEE, AND I THINK THEY REPRESENT TOO. I ALL REPRESENT THE KYLE POLICE DEPARTMENT AND, UM, COUNCIL MEMBER HARRIS IS GONNA BE FOR THE HAYES CALDWELL WOMEN'S CENTER. SO ALL GREAT CAUSES YOU WANNA GO FIRST? ALRIGHT. WHEREAS DOMESTIC VIOLENCE REMAINS A DEEPLY PERVASIVE ISSUE THAT AFFECTS INDIVIDUALS AND FAMILIES IN EVERY COMMUNITY CAUSING HARM THAT IS PHYSICAL, EMOTIONAL, AND PSYCHOLOGICAL WITH FAR REACHING IMPACTS THAT EXTEND TO THE BROADER COMMUNITY. AND WHEREAS VICTIMS OF DOMESTIC VIOLENCE DESERVE OUR UNWAVERING SUPPORT, RESPECT, AND COMMITMENT TO THEIR SAFETY, RECOVERY, AND EMPOWERMENT. AND IT IS VITAL THAT WE WORK TOGETHER TO BREAK THE SILENCE, REDUCE THE STIGMA, AND PROVIDE RESOURCES TO THOSE IN NEED. AND WHEREAS DOMESTIC VIOLENCE AWARENESS MONTH SERVES A CRITICAL OPPORTUNITY TO EDUCATE THE PUBLIC ABOUT THE SIGNS OF ABUSE, RAISE AWARENESS OF THE RESOURCES AVAILABLE TO SURVIVORS, AND HIGHLIGHT THE IMPORTANCE OF PRES PREVENTION EFFORTS TO STOP VIOLENCE BEFORE IT BEGINS. AND WHEREAS THE VICTIM ADVOCATES AT KYLE POLICE DEPARTMENT PLAY A KEY ROLE IN ASSISTING INDIVIDUALS AFFECTED BY DOMESTIC VIOLENCE, PROVIDING COMPASSIONATE CONFIDENTIAL SUPPORT, HELPING VICTIMS NAVIGATE LEGAL PROCESSES AND OFFERING ACCESS TO RESOURCES DESIGNED TO PROMOTE HEALING AND SAFETY. AND WHEREAS THE DEDICATION OF THE VICTIM ADVOCATES, ALONG WITH THE CONTINUED COLLABORATION BETWEEN LAW ENFORCEMENT, COMMUNITY ORGANIZATIONS, AND LOCAL LEADERS, IS ESSENTIAL IN ENSURING THAT VICTIMS OF DOMESTIC VIOLENCE ARE HEARD, SUPPORTED, AND EMPOWERED TO TAKE STEPS TOWARDS A LIFE FREE FROM VIOLENCE. NOW, THEREFORE, I YVONNE FLORES KALE MAYOR TO HEREBY DECLARE THE MONTH OF OCTOBER AS DOMESTIC VIOLENCE AWARENESS MONTH AND THE CITY OF KYLE. DURING THIS MONTH, WE HONOR THE INVALUABLE WORK OF THE VICTIMS' ADVOCATES AT THE KYLE POLICE DEPARTMENT AND ACKNOWLEDGE THEIR UNWAVERING COMMITMENT TO HELPING SURVIVORS, PROVIDING A CRUCIAL LIFE LIFELINE TO THOSE IN NEED. LET US COME TOGETHER AS A COMMUNITY TO RAISE, RAISE AWARENESS, OFFER SUPPORT, AND RENEW OUR COMMITMENT TO ENDING DOMESTIC VIOLENCE, ENSURING THAT EVERY INDIVIDUAL CAN LIVE FREE FROM HARM, FEAR, AND ABUSE. AND NEXT WE HAVE COUNCIL MEMBER HARRIS. THIS ESPECIALLY DEAR TO MY HEART. DUE TO MY BACKGROUND IN THIS AREA, I WANNA GIVE YOU A LITTLE BIT OF BACKGROUND ON, UM, THE TEXAS COUNCIL ON FAMILY VIOLENCE AND THE DOMESTIC VIOLENCE MOVEMENT IN THE STATE OF TEXAS IN 1966 AND 67. THE FIRST SHELTER IN THE STATE WAS IN HOUSTON. UM, AND TOBY MYERS, DR. MYERS STARTED THAT SHELTER SHORTLY AFTER THE SHELTER IN AUSTIN. STARTED IN AS WELL AS THE TEXAS COUNCIL ON FAMILY VIOLENCE. UM, WE HAD, UH, DEBBIE TUCKER AND EVE MACARTHUR AS THE DIRECTORS OF THE COUNCIL FOR MANY, MANY YEARS. IN 1979, MAY OF 79 OF THE SHELTER IN SAN ANGELO OPENED, I BELIEVE WE WERE THE THIRD SHELTER IN THE STATE OF TEXAS TO ACTUALLY GET OPEN. UM, I OPENED THAT SHELTER, THAT WAS MY PROJECT. UH, WE SERVED ALL OF WEST TEXAS BECAUSE THERE WAS NOT ANOTHER SHELTER. UM, IN THAT SAME YEAR THROUGH THE TEXAS COUNCIL AND FAMILY VIOLENCE, WE SAT AT THE TABLE IN A COMMITTEE IN THE STATE LEGISLATURE, TESTIFIED, UM, ABOUT THE NEED FOR FUNDING. AND LLOYD DOGGETT WAS OUR HERO. WE DID NOT HAVE THE VOTES AT THE TABLE. LLOYD GOT UP AND DISAPPEARED. I WAS NEW TO THE LEGISLATIVE [00:55:01] ADVOCACY AND I ASKED EVIE, OH MY GOSH, WHAT JUST HAPPENED? AND SHE SAID, WELL, HE'LL COME BACK. HE DID DRAGGING ANOTHER MEMBER OF THE COMMITTEE WITH HIM AND THE CHAIR GAVELED. AND WE WERE SITTING AT THE TABLE TESTIFYING THE CHAIR, GAVELED A VOTE. WE HAD A VOTE, AND WE HAD HAD FUNDING FOR THE SHELTERS IN THE STATE OF TEXAS. THAT WAS QUITE A WIN. AT FIRST IT WAS FOR SIX SHELTERS, BUT THAT QUICKLY ESCALATED TO MORE, ONLY IN 1981 DID OUR POLICE OFFICERS GET THE ABILITY TO HAVE WARRANTLESS ARREST AND DID DOMESTIC VIOLENCE. UM, WE RAN A, UH, PSA THAT INCLUDED THE, UM, TO THE MOON AND ALICE QUOTE, UM, TO THE MOON. ALICE WAS NOT A COMPLIMENT. UM, IT WAS INTEGRAL TO OUR SOCIETY. UNFORTUNATELY, DOMESTIC VIOLENCE, MEN WERE NOT CRITICIZED FOR IT. THEY ARE NOW. AND I APPRECIATE SO MUCH THE CHANGE IN THAT. UM, I STILL KEEP IN TOUCH WITH TEXAS COUNCIL AND THE FAMILY VIOLENCE. AND MELISSA RODRIGUEZ, WHO IS THE DIRECTOR OF THE WOMEN'S SITTER, IS CURRENTLY ON THE TCFE BOARD, IF I'M CORRECT. SO I WOULD LIKE TO READ THIS PROCLAMATION. AND IT'S NOT JUST FOR THIS SHELTER, IT'S FOR ALL SHELTERS IN THE STATE OF TEXAS THAT DEAL WITH THIS, THAT SAVE PEOPLE'S LIVES. UM, AND MANY OF THEM IN THE ONE IN, IN SAN ANGELO WAS CERTAINLY THIS. WE DIDN'T JUST TAKE WOMEN, MEN SOMETIMES ARE ABUSED AND THEIR RELATIONSHIPS AND THEIR, THEIR, UH, LIVES ARE IN DANGER. SO WE ALSO HAD A FEW MEN COME IN, WHEREAS THE CRIME OF DOMESTIC VIOLENCE VIOLATES THE BASIC HUMAN RIGHTS OF SAFETY AND DIGNITY. AND 161 TEXANS WERE KILLED IN AN INTIMATE PARTNER HOMICIDE, INCLUDING 137 WOMEN AND 24 MEN. AND WHEREAS THE PROBLEM OF DOMESTIC VIOLENCE IS NOT CONFINED TO ANY GROUP OF PEOPLE, BUT CUTS ACROSS ALL ECONOMIC, RACIAL, GENDER, AND SOCIETAL BARRIERS. AND WHEREAS DOMESTIC VIOLENCE CAN BE PHYSICAL, SEXUAL, EMOTIONAL, FINANCIAL, PSYCHOLOGICAL OR TECHNOLOGICAL, AND CAN INCLUDE ACTIONS OR THREATS OF ACTIONS OR OTHER PATTERNS OF COERCIVE BEHAVIOR THAT INFLUENCE ANOTHER PERSON WITH AN AN INTIMATE PARTNER RELATIONSHIP. AND WHEREAS THE IMPACT OF DOMESTIC VIOLENCE DIRECTLY AFFECTS INDIVIDUALS AND COMMUNITIES WHEN SOCIETY IGNORES OR TOLERATES VIOLENCE IN RELATIONSHIPS. AND WHEREAS LAST YEAR, HAYES COUNTY WOMEN'S CENTER PROVIDED FACE-TO-FACE SERVICES TO OVER 1,236 LOCAL VICTIMS OF DOMESTIC VIOLENCE AND PROVIDED 8,600 DAYS OF SHELTER. AND WHEREAS LAST YEAR, HAYES COUNTY WOMEN'S CENTER PROVIDED THESE DIRECT SERVICES TO 247 VICTIMS OF THE CITY OF KYLE. NOW, THEREFORE, I, LAURA LEE HARRIS, BY VIRTUE OF THE AUTHORITY VESTED IN ME AS CITY COUNCIL MEMBER, DISTRICT FOUR OF KYLE, TEXAS, DO HEREBY PROCLAIM THE MONTH OF OCTOBER, 2026, ALONG WITH OUR MAYOR, NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH, AND CALL UPON THE PEOPLE OF KYLE TO WORK TOGETHER WITH HAYES COUNTY WOMEN'S CENTER AND LOCAL PARTNERS TO BRING AN END TO DOMESTIC VIOLENCE. MELISSA IS AND GIVE GOOD EVENING. OH, SORRY. THANK YOU. THANK YOU, UH, LAURA LEE FOR SHARING THAT BEAUTIFUL HISTORY, UM, THAT WE HAVE BEEN BLESSED TO CONTINUE THE WORK. THANK YOU TO THE MAYOR AND COUNCIL MEMBERS, UH, FOR YOUR UNWAVERING SUPPORT FOR OUR NEIGHBORS. UM, AS YOU MENTIONED, THERE WERE OVER A THOUSAND INDIVIDUALS THAT WERE AFFECTED BY DOMESTIC VIOLENCE LAST YEAR, AND UNFORTUNATELY, THAT NUMBER CONTINUES TO GROW, UH, IN THIS COMMUNITY. UH, WE HAD AN 18% INCREASE OF FAMILY VIOLENCE SURVIVORS THAT WE'RE SERVING. UM, SO WE'RE CERTAINLY GRATEFUL FOR THE RELATIONSHIP, THE COMMITMENT, UM, AND THE BACKING OF THE CLIENTS THAT WE SERVE EVERY SINGLE DAY. I ALSO WANNA SHOUT OUT THE COW COMMUNITY, UH, NEIGHBORS FOR SHOWING UP TO OUR FIRST ANNUAL PURSE BINGO THAT WE HELD HERE A COUPLE OF WEEKS AGO. UM, SOLD OUT THE EVENT, WHICH WE WEREN'T SURE WAS GONNA HAPPEN. UM, I [01:00:01] WANT A PURSE THAT, OH, YOU WANT A PURSE? THAT'S RIGHT, . BUT ALL OF THAT IS IT. IT'S A FUN TIME, BUT IT'S ALSO REALLY CRITICAL DURING ESPECIALLY, UH, THIS TIME WHERE FUNDING IS SUCH A CRITICAL COMPONENT OF THE WORK FOR US TO BE ABLE TO CONTINUE TO PROVIDE THESE FREE AND CONFIDENTIAL SERVICES. WE RELY ON THAT SUPPORT FROM OUR COMMUNITY, FROM OUR NEIGHBORS, FROM OUR CITIES. UM, SO THANK YOU FROM THE BOTTOM OF MY HEART. I'M REALLY APPRECIATIVE AND I'M HONORED ALSO TO SERVE ON THE TCFB BOARD. AND YOU'RE RIGHT, IT'S SUCH AN IMPACT AND IT'S SOMETHING THAT WE WILL CONTINUE TO FOCUS ON. VERY MUCH SO. SO THANK YOU SO MUCH. WOULD YOU GUYS LIKE TO TAKE A PICTURE? LET'S DO A PICTURE. YES. YES. LET'S DO A PICTURE. COME ON GUYS. GOT MY FOLKS HERE AND I'M WEARING PURPLE. PURPLE. JUST SO Y ALL KNOW IT'S DOMESTIC VIOLENCE COLOR. WE'RE GONNA HAVE A PURPLE DAY OCTOBER 15TH. SO IF YOU'RE WEARING PURPLE AND YOU SNAP A PIC, PLEASE POST IT ON OUR FACEBOOK PAGE. SAME HERE. ARE WE ABLE TO MAKE COMMENTS, UH, AS COUNCIL MEMBERS USUALLY? WE ARE. ABSOLUTELY. GO AHEAD. YOU CAN GO AHEAD. OKAY. UM, WELL, I THINK ONE, I JUST WANTED TO THANK, UH, THE BOTH OF YOU FOR BRINGING THIS FORWARD. AND OF COURSE, TWO, EVERY ORGANIZATION, UH, NOT JUST LOCALLY, BUT ALSO STATEWIDE, NATIONALLY AND WORLDWIDE, UH, WHO ADDRESS THIS ISSUE. UM, THE WORLD HEALTH ORGANIZATION, UH, HAS INFORMATION SHOWING THAT AROUND THE WORLD, UH, AT LEAST 840 MILLION WOMEN AND GIRLS HAVE BEEN SUBJECTED TO PHYSICAL AND OR SEXUAL INTIMATE PARTNER VIOLENCE OR NON-PARTNER VIOLENCE IN THEIR LIFETIMES. UM, IN ADDITION TO THAT, ROUGHLY HALF TO 70% OF ALL DOMESTIC VIOLENCE INCIDENTS GO UNREPORTED AND MILLIONS OF FEMALE VICTIMS NEVER INTERFACE WITH POLICE OR SOCIAL SERVICES. UM, THERE ARE DIFFERENT STUDIES SUCH AS, UH, THE NATIONAL DOMESTIC VIOLENCE HOTLINE, UH, HAS DONE THAT INDICATES THAT EVEN AMONG WOMEN WHO MANAGE TO REPORT OR SEEK ASSISTANCE, A VAST MAJORITY EXPERIENCE RECURRENT ABUSE OR RECEIVE INSUFFICIENT INSTITUTIONAL MEDICAL OR LEGAL INTERVENTION DUE TO SYSTEM SYSTEMIC UNDERFUNDING AND INSTITUTIONAL GAPS. SO WE HAVE AMPLE EVIDENCE THAT WOMEN'S FEAR AND POLICE PAPERWORK ARE NOT INTERCHANGEABLE THINGS. A POLICE REPORT IS NOT WHAT MAKES A THREAT REAL. SO REMEMBER THAT ANYTIME ANYONE DEMANDS A PAPER TRAIL AS EVIDENCE OF HARM. UH, SO THANK YOU FOR BRINGING THIS UP. IF YOU COULD, UH, CLOSER SIR. THE COUNCIL MEMBER THERE. JUST DON RIGHT HERE. ALRIGHT. 1, 2, 3. 1, 3, 3, 1. THANK YOU. I SHE'LL BE ABLE TO SIGN UP, BUT, UM, YOU ASK WHAT? YOU'RE GREAT. I WANT YOU HOW AWESOME. WHAT ALL RIGHT. I WANNA SAY THANK YOU TO THE HAYES CALLED WELL, THEY'RE AMAZING. UM, I'VE TOURED THEIR SHELTER A COUPLE TIMES AND WHAT THEY BRING TO THAT COMMUNITY IS AMAZING AND SHE'S AMAZING. UM, I, I WISH WE SOMEHOW, MAYBE WE CAN GET THAT IN KYLE SOMEDAY. . ALL RIGHT, SO UP [VI) Consent Agenda] NEXT WE'RE GONNA DO CONSENT AND WE'VE PULLED SIX AND SEVEN. SO UNLESS ANYBODY WOULD LIKE TO PULL ANYTHING ELSE, I WOULD LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEMS EIGHT THROUGH 14. SECOND. YEAH, I GOT A MOTION BY MYSELF. AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. ALL RIGHT. WE WILL BE PULLING UP AGENDA ITEMS 15 AND 16. OH, WE'RE NOT PULLING 'EM UP. THEY'RE ALREADY THERE. ALL RIGHT. UM, AGENDA ITEM 15, [15) Consider approval of a Resolution accepting Council Member Zapata's resignation from City Council District 3.] CONSIDER APPROVAL OF A RESOLUTION ACCEPTING COUNCIL MEMBER ZAPATA'S RESIGNATION FROM THE CITY COUNCIL DISTRICT THREE ITEM PRESENTER, AMY ALCORN REED. GOOD EVENING MAYOR. AND COUNSEL. AMY REED, CITY ATTORNEY FOR THE RECORD, I WANNA MAKE SURE THAT EVERYBODY CAN HEAR ME 'CAUSE I'VE HAD SOME ISSUES WITH THIS MIC RECENTLY. OKAY. SO COUNCIL MEMBER CLAUDIA ZAPATA SUBMITTED HER RESIGNATION TO THE CITY SECRETARY ON SEPTEMBER 25TH, 2026. THAT IS THE APPROPRIATE PERSON TO SUBMIT HER RESIGNATION TO. ITS EITHER THE MAYOR OR THE CITY SECRETARY. SO THAT IS A QUALIFIED PERSON THAT YOU CONSIDER RESIGNATION TO UNDER STATE LAW, THE RESIGNATION BECOMES EFFECTIVE EIGHT DAYS AFTER IT IS SENT, UNLESS IT IS FORMALLY ACCEPTED BY CITY COUNCIL BEFORE THAT. SO THE RESIGNATION IS EFFECTIVE. IT WAS EFFECTIVE ON OCTOBER 3RD, 2026. HOWEVER, CITY COUNCIL DOES HAVE THE OPPORTUNITY AT THIS POINT TO FORMALLY ACCEPT THE RESIGNATION, AND THAT'S WHAT THIS RESOLUTION IS FOR. UNDER STATE LAW AND THE CITY CHARTER, WE ARE REQUIRED TO HOLD AN ELECTION TO FILL THAT VACANT SEAT NO LONGER THAN JANUARY 31ST, 2027. UM, IT MUST BE HELD ON EITHER THE [01:05:01] EARLIEST UNIFORM ELECTION DATE OR WITHIN 120 DAYS. THE NEXT ITEM, WE'LL CALL ON THE DECEMBER 12TH DATE, WHICH IS ACTUALLY NOT, IT'S THE UNIFORM LIKE RUNOFF DATE. IT'S NOT A UNIFORM ELECTION DATE. SO IT IS THE RUNOFF DATE SET BY STATE LAW. AND SO WE'LL TALK ABOUT THAT IN THE NEXT ITEM. JUST TO LET EVERYBODY UNDERSTAND, UNDER STATE LAW AND THE CITY CHARTER, A COUNCIL MEMBER DOES CONTINUE TO SERVE AND TELL HIS OR HER SUCCESSORS QUALIFIED TO SERVE. WHETHER OR NOT THE RESIGNATION IS ACCEPTED WITH AN ELECTION ON DECEMBER 12TH, THE NEW PERSON WOULD LIKELY BE QUALIFIED NO EARLIER THAN DECEMBER 23RD, 2026. UM, IF COUNCIL'S, MEMBERS OF PATA CHOOSES NOT TO ATTEND MEETINGS, AND SHE HAS BEEN INFORMED OF THIS, SHE WILL NOT RECEIVE HER SALARY UNDER THE CITY CHARTER. WE'VE ALSO DISCUSSED WITH HER THAT IF SHE MOVES OUT OF THE CITY AND NO LONGER RESIDES IN THE CITY OF KYLE, SHE'S NOT QUALIFIED TO SERVE AND THEREFORE CANNOT CONTINUE TO HOLD OVER IN THE SEAT. THE OPTIONS TODAY ARE TO APPROVE THE RESOLUTION TO ACCEPT COUNCIL MEMBER'S RESIGNATION, OR TO DENY THE RESOLUTION AND CHOOSE NOT TO ACCEPT THE RESOLUTION. RESIGNATION AGAIN, THE RESIGNATION IS EFFECTIVE UNDER THE LAW. ALL RIGHT. ANY DISCUSSION COUNCIL MEMBER HARRIS, NO DISCUSSION, BUT I READY TO MAKE A MOTION. OH, NO. OKAY. I WOULD LIKE TO HAVE A CHANCE TO SPEAK. SURE, GO AHEAD. OKAY. UM, UH, SO AS MANY OF YOU KNOW, I HAVE RESIGNED FROM KYLE CITY COUNCIL AND THIS WAS NOT A DECISION THAT WAS MADE EASILY AND IT CARRIES ENORMOUS GRIEF. UM, I WANT TO ADDRESS, UH, THE GOSSIP MILL, UH, IMMEDIATELY THAT NO, I DID NOT ACCEPT A JOB OUT OF STATE. UH, KYLE IS MY HOME. IT CONTINUES TO BE MY HOME. PUBLIC SERVICES SHAPED MY LIFE FOR AS LONG AS I CAN REMEMBER. AS A CHILD, I EXPERIENCED FREQUENT INJUSTICE AND DECIDED VERY YOUNG THAT I WOULD DEDICATE MY LIFE TO FIXING THE SYSTEMS THAT ALLOWED PEOPLE TO BE HURT OR LEFT BEHIND. I SHAPED MY LIFE AROUND BECOMING THE PUBLIC SERVANT I NEEDED AS A CHILD. AND FOR MORE THAN TWO DECADES, I TRIED TO BECOME PREPARED ENOUGH, DISCIPLINED ENOUGH, AND WORTHY ENOUGH TO CARRY THAT RESPONSIBILITY. WELL, I AM PROUD OF WHAT I DID WITH THE TIME RESIDENTS GAVE ME. WE CREATED KYLE'S FIRST ANTI DISPLACEMENT FRAMEWORK CHANGE HOW HISTORICALLY UNDER INVESTED NEIGHBORHOODS ARE CONSIDERED IN INFRASTRUCTURE PLANNING, FOUGHT FOR OUR LIBRARY AND LONG, NEGLECTED DRAINAGE AND EAST SIDE INFRASTRUCTURE. CHALLENGED MORE THAN $13 MILLION IN PROPOSED AI. MASS SURVEILLANCE TECHNOLOGY BROUGHT WORKERS' RIGHTS INTO OUR STRATEGIC PLAN AND FOUGHT FOR SAFER WAYS FOR PEOPLE TO MOVE THROUGH THE CITY. THERE WAS STILL SO MUCH MORE I WANTED TO DO, WHICH IS WHY I REFUSED TO DESCRIBE MY RESIGNATION. SIMPLY AS A CHOICE, I'M LOSING THE PRIVILEGE OF REPRESENTING PEOPLE I CARE DEEPLY ABOUT AND WORK THAT IS CENTRAL TO THE MEANING OF MY LIFE. FOR THE PAST 11 MONTHS, I HAVE BEEN THE TARGET OF A SUSTAINED HARASSMENT AND DEHUMANIZATION CAMPAIGN. I BELIEVE ELECTED OFFICIALS SHOULD BE CRITICIZED, OUR VOTES SHOULD BE SCRUTINIZED, AND RESIDENTS SHOULD CHALLENGE US WHEN THEY BELIEVE THAT WE ARE WRONG. BUT WHAT HAPPENED HERE CROSSED INTO SOMETHING ENTIRELY DIFFERENT, AND I THINK WE HAVE SANITIZED IT FOR TOO LONG BY CALLING IT HOSTILITY OR POLITICAL DISAGREEMENT. SO RATHER THAN DESCRIBE IT FOR YOU, I WANT YOU TO HEAR SOME OF IT. ONE PERSON SENT ME THE FOLLOWING AND I WOULD LIKE TO GIVE A WARNING THAT SOME OF THIS IS VERY EXPLICIT AND GRAPHIC IN NATURE. ONE PERSON SENT THIS TO ME. YOU HAVE YOUR HEAD PLANTED SO FAR UP YOUR OWN ASS. I'M SURE YOU CAN SEE OUT OF YOUR MOUTH. THE FACT THAT ANYONE WITH YOUR LEVEL OF INTELLECT COULD EVER BE ELECTED TO PUBLIC OFFICE SHOULD BE INVESTIGATED. THERE'S NO WAY YOU WON LEGITIMATELY. YOU HAVE THE INTELLIGENCE AND DISCERNMENT OF A F*****G WALNUT. YOU UTTERLY RETARDED F*****G B***H. BET YOU THINK THAT'S A THREAT TO HUH? F*****G IDIOT. ANOTHER PERSON WROTE, WHY WOULD ANYONE TELL HER TO KILL HERSELF? SHE'S ALREADY FAT ENOUGH TO TELL EVERYONE THAT SHE IS WELL ON HER WAY. 50 BUCKS SAYS THAT SHE'S COMPLETELY UNRECOGNIZABLE. IN 10 YEARS GOING TO BE A 300 POUNDER MINIMUM. ANOTHER WROTE WON'T POST IT HERE BECAUSE I'M SURE CLAUDIA WOULD CRY ABOUT GETTING DOXED. BUT IF YOU GO TO THE HAYES CENTRAL APPRAISAL DISTRICT WEBSITE AND TYPE IN HER NAME, YOU CAN SEE THE NAME OF THE CO-OWNER OF HER HOME. THAT IS THE POLITICAL ENVIRONMENT I HAVE BEEN LIVING IN. AND IT DID NOT EXIST IN SOME DISTANT CORNER OF THE INTERNET DISCONNECTED FROM CITY HALL WHEN SOMEONE POSED A QUESTION AND ASKED, WHY HASN'T SHE MEANING ME BE PUT IN HER PLACE? AND WHY WASN'T SHE CENSORED? COUNCIL MEMBER COURTNEY GOZA RESPONDED, BECAUSE WE DON'T HAVE MAJORITY VOTE ON THIS, WE HAVE TWO OTHER SOCIALISTS, THEN WE HAVE ANOTHER WHO LOVES ALL PEOPLE. RATHER THAN LOOKING AT FACTS, FEELING OF NO PLACE IN, IN DECISION MAKING. IN MY OPINION, WHEN ANOTHER RESIDENT WAS TRYING TO FIGURE OUT MY AGE, SHE CHIMED IN WITH 32. WHILE I WAS BEING RIDICULED, SEXUALIZED TOLD TO KILL MYSELF. AND HAVING MY LEGITIMACY AS AN ELECTED OFFICIAL ATTACKED ONE OF MY COLLEAGUES, WAS PARTICIPATING IN THOSE SAME POLITICAL SPACES AND DISCUSSING HOW COUNCIL MIGHT FORMALLY PUNISH ME. SO I DO NOT ACCEPT CLAIMS OF IGNORANCE NOW, NOR DO I ACCEPT ATTEMPTS TO DRAW AN EQUIVALENCE BETWEEN WHAT I [01:10:01] EXPERIENCED AND CRITICISM DIRECTED AT COUNCIL MEMBERS GOZA OR MEDINA, OR MAYOR OF FLOTIS KALE. WHAT HAPPENED TO ME WAS NOT SIMPLY HARSH POLITICAL CRITICISM. IT INCLUDED THREATS, SEXUALIZED DEGRADATION, ATTEMPTS TO EXPOSE INFORMATION CONNECTED TO MY HOME, AND SUSTAIN EFFORTS TO DEHUMANIZE ME. WHEN I WAS THREATENED FROM THIS PODIUM BY A RESIDENT IN FEBRUARY, THERE WAS NO INTERVENTION. INSTEAD, COUNCIL MEMBER GZA AND MAYOR YVONNE FLORES KALE WENT INTO PUBLIC COMMENT THREADS AFTERWARDS AND AGREED WITH RESIDENTS BLAMING ME, QUESTIONING WHETHER WHAT HAPPENED SHOULD EVEN BE CONSIDERED A THREAT AND HAVE CONTINUED TO MINIMIZE WHAT I EXPERIENCED. A FEW MONTHS LATER DURING A COUNCIL MEETING, I SPOKE PUBLICLY ABOUT A RESIDENT POSTING MY HOME ADDRESS AND HOW UNSAFE THAT MADE ME FEEL. IT WAS THE SAME RESIDENT WHO HAD THREATENED ME IN FEBRUARY, AND WHEN I SPOKE ABOUT MY ADDRESS BEING POSTED REPEATEDLY, HE WAS SITTING IN THE FRONT ROW AND RAISED HIS HAND PROUDLY TO IDENTIFY HIMSELF AS THE PERSON WHO HAD DONE IT. COUNCIL MEMBER GAZA'S OWN COMMONS DEMONSTRATE THAT SHE KNEW THE POLITICAL ENVIRONMENT SURROUNDING ME WAS TERRIBLE. MAYOR IVANCA ALSO SAW WHAT WAS HAPPENING, INTERACTED IN THESE SPACES, AND ACCEPTED SUPPORT FROM PEOPLE WHO PARTICIPATED IN THIS CULTURE. I AM NOT SUGGESTING THAT EITHER OF THEM PERSONALLY AUTHORED EVERY HATEFUL COMMENT OR THREAT DIRECTED AT ME. I AM SAYING THAT THIS COUNCIL HAS HAD REPEATED OPPORTUNITIES TO DRAW A LINE AND MAKE CLEAR THAT DEHUMANIZATION WAS UNACCEPTABLE REGARDLESS OF WHO THE TARGET WAS. AND TO OFTEN THAT LINE WAS NOT DRAWN. INSTEAD, WHEN I SPOKE ABOUT THREATS AND HARASSMENT, THE BURDEN REPEATEDLY CAME BACK TO ME. I WAS TOLD SOMETHING WAS NOT REALLY A THREAT, THAT I NEEDED THICKER SKIN, THAT IF I FELT TRULY THREATENED, I HAD THE ABILITY TO SPEAK UP AND I DID REPEATEDLY. ONE RECENT INCIDENT DEMONSTRATES WHY THIS WENT BEYOND ORDINARY ONLINE NASTINESS FOR ME. AN ADMINISTRATOR OF THE KYLE COUNCIL CITIZEN OVERSIGHT FACEBOOK GROUP, A MAN DECADES OLDER THAN ME, WHO LIVES HUNDREDS OF MILES AWAY IN ANOTHER STATE, TRAVELED TO KYLE TO ATTEND A COUNCIL MEETING AND CONFRONT ME FROM THIS VERY PODIUM BECAUSE OF MY ADVOCACY FOR THE CITY TO HOST A PRIDE EVENT. IN 2027, PEOPLE FEEL COMFORTABLE TREATING ME AS LESS THAN INHUMAN BECAUSE WHAT IS ALLOWED IN THESE CHAMBERS. AFTER I QUESTIONED WHY SOMEONE WHO DID NOT LIVE HERE WAS SO INTENSELY FOCUSED ON ME, THAT HE WOULD TRAVEL HERE TO CONFRONT ME IN PERSON. HE RESPONDED, I AM NASTY TO NASTY, DISRESPECTFUL PEOPLE, WHICH IS WHAT YOU ARE NOT SO NICE WHEN IT'S DIRECTED TOWARDS YOU. IS IT? MY LIFE IS FULL OF HAPPINESS, A JOY OF LIFE. SO I HAVE A WONDERFUL LIFE. I CHOOSE TO FOCUS ON YOU AND A FEW OTHERS BECAUSE YOU ARE A PARASITE CLIMBING A LADDER ON THE BACKS OF YOUR CONSTITUENTS AND COLLEAGUES. WORST KIND OF HUMAN BEING THERE IS. IT IS MY FERVENT DESIRE THAT A SUCCESSFUL RECALLS INITIATED AGAINST YOU. YOU DON'T BELONG IN PUBLIC SERVICE AS YOU ARE A PRETENDER. LEARN TO BE RESPECTFUL, HONEST, REPRESENT ALL YOUR CONSTITUENTS, AND I WILL TREAT YOU ACCORDINGLY. UNTIL THEN, YOU WILL REMAIN MY FOCUS. IMAGINE WHAT THAT FEELS LIKE TO A YOUNG WOMAN WHO SPENDS SIGNIFICANT TIME ALONE. I EXPERIENCED THAT AS INTIMIDATION AND I WAS SCARED, AND I STILL AM. MAYOR VCA HAS ACCEPTED THIS PERSON'S POLITICAL SUPPORT AND ENTRUSTED HIM WITH ADMINISTRATIVE CONTROL OF THE KYLE COUNCIL CITIZEN OVERSIGHT OF FACEBOOK GROUP THAT SHE HELPED RUN. THAT IS WHY I CANNOT ACCEPT THE SUGGESTION THAT ELECTED OFFIC OFFICIALS SIMPLY COULD NOT HAVE KNOWN THE ENVIRONMENT IN WHICH I WAS SERVING. AND NOW I HEAR DEMANDS FOR POLICE REPORTS AS THOUGH PAPERWORK DETERMINES WHETHER A WOMAN HAS LEGITIMATE REASON TO FEAR FOR HER SAFETY. ACCORDING TO THE US BUREAU OF JUSTICE STATISTICS, WOMEN EXPERIENCED STALKING AT MORE THAN TWICE THE RATE OF MEN. 67% OF STALKING VICTIMS FEARED BEING KILLED OR PHYSICALLY HARMED. YET ONLY 29% REPORTED THEIR VICTIMIZATION TO POLICE. MORE THAN TWO THIRDS FEARED SERIOUS PHYSICAL HARM OR DEATH WHILE FEWER THAN ONE THIRD WENT TO LAW ENFORCEMENT. BECAUSE WOMEN'S FEAR AND POLICE PAPERWORK ARE NOT INTERCHANGEABLE THINGS, WE KNOW THAT WOMEN CAN FILE REPORT AFTER REPORT AFTER REPORT, AND STILL RECEIVE AN ADEQUATE INTERVENTION. AND WE SHOULD KNOW BETTER THAN TO ASK ANOTHER WOMAN TO PROVE THAT A THREAT WAS THREATENING ENOUGH OR HARASSMENT SEVERE ENOUGH BEFORE DECIDING HER FEAR DESERVES TO BE TAKEN SERIOUSLY. DESPITE HOW DEEPLY THIS VITRIOL HAS AFFECTED ME, I HAVE REMAINED COMMITTED TO MY DUTY TO SERVE. BEING EMOTIONALLY AFFECTED BY ABUSE IS NOT THE SAME AS ALLOWING THOSE EMOTIONS TO GOVERN YOUR DECISIONS. DESPITE HOW SOME HAVE DESCRIBED MY LEADERSHIP, WHEN AN ISSUE BEFORE ME WAS GOOD FOR RESIDENTS, I SUPPORTED IT. BUT UNDERSTAND WHAT THAT COSTS. SITTING PROFESSIONALLY IN A ROOM WITH PEOPLE WHO HAVE JOKED ABOUT MY SUICIDE WAS NOT EASY. CONTINUING TO WORK ON BEHALF OF PEOPLE WHILE CARRYING THE HARM THEY CAUSED ME WAS NOT EASY. THERE WERE MOMENTS WHERE THE RELENTLESSNESS MADE ME WANNA TAKE MY OWN LIFE SIMPLY TO ESCAPE IT. AND WHEN I DEFENDED MYSELF, EVEN THAT BECAME EVIDENCE AGAINST ME. I WAS TOO SENSITIVE, THIN [01:15:01] SKINNED, A BULLY, DISRESPECTFUL, OR SOMEHOW UNFIT FOR OFFICE. YOU CANNOT DELIBERATELY INJURE ANOTHER PERSON AND THEN CALL 'EM THE PROBLEM FOR STANDING THEIR GROUND. AND WHAT CONCERNS ME NOW EXTENDS BEYOND WHAT HAPPENED TO ME. RESIDENTS HAVE TOLD ME THAT THEY STAY SILENT BECAUSE THEY DO NOT WANT TO BECOME THE NEXT TARGET. AFTER SEEING WHAT HAS HAPPENED TO ME, PEOPLE HAVE AVOIDED SPEAKING BEFORE THIS COUNCIL. PEOPLE HAVE RECONSIDERED RUNNING FOR OFFICE IN THIS CITY BECAUSE THEY DO DO NOT WANNA EXPOSE THEMSELVES OR THEIR FAMILIES TO WHAT THEY HAVE WATCHED HAPPEN HERE. THIS IS NOT A HEALTHY DEMOCRACY. YOU DO NOT HAVE TO FORMALLY TAKE AWAY SOMEONE'S RIGHT TO SPEAK IN ORDER TO SILENCE THEM. YOU CAN MAKE SPEAKING SO PUNISHING THAT SILENCE BECOMES SAFER. YOU DO NOT HAVE TO STOP SOMEONE FROM RUNNING FOR OFFICE. IF PUBLIC SURFACE BECOMES SO PERSONALLY DESTRUCTIVE, THAT REASONABLE PEOPLE DECIDE IT IS NOT WORTH EXPOSING THEMSELVES OR THEIR FAMILIES TO IT. THAT IS WHAT HATE AND COERCION CAN DO TO DEMOCRACY. AND WHEN ELECTED LEADERS WATCH THAT HAPPEN, PARTICIPATE IN THE SAME POLITICAL SPACES WHERE IT HAPPENS, ACCEPT SUPPORT FROM PEOPLE PERPETUATING IT, AND THEN MINIMIZE THE HARM. THEY ARE NOT NEUTRAL OBSERVERS. I BELIEVE PUBLIC SERVICE REQUIRES SACRIFICE, DIFFICULT VOTES, LONG NIGHTS, UNCOMFORTABLE CONVERSATIONS, CRITICISM, COMPROMISE, AND ACCOUNTABILITY. BUT ACCOUNTABILITY AND DEHUMANIZATION ARE NOT THE SAME THING. I REFUSE TO ACCEPT A STANDARD OF PUBLIC SURFACE WHERE SOMEONE'S FITNESS IS MEASURED BY HOW MUCH ABUSE THEY CAN ABSORB WITHOUT HURTING. I DO NOT WANT ANYONE LEAVING HERE SAYING THAT I RESIGNED BECAUSE I COULD NOT TAKE IT. I WANT PEOPLE TO ASK WHY ENDURING THIS ABUSE AND DEHUMANIZATION EVER BECAME A QUALIFICATION OR NECESSITY FOR SERVING? AND AS MUCH AS I LOVE KYLE, I JUST CANNOT CONTINUE TO ABSORB ABUSE IN ORDER TO SERVE IT. BUT I DO NOT LEAVE ASHAMED BECAUSE EVEN AT MY LOWEST, I HAVE NEVER HIDDEN WHO I AM OR WHAT I FIGHT FOR. A PROUD PROGRESSIVE LGBTQ PLUS MEXICAN WOMAN WHO BELIEVES EVERY RESIDENT DESERVES DIGNITY, SAFETY, OPPORTUNITY, A GOVERNMENT THAT MATERIALLY IMPROVES THEIR LIVES AND MOST IMPORTANTLY, LOVE. SO I LEAVE KYLE CITY COUNCIL WITH GRIEF, ANGER, TREMENDOUS DISAPPOINTMENT, BUT ALSO WITH PRIDE IN THE POSITIVE WORK THAT WE HAVE DONE HERE TOGETHER DESPITE THE HATE THAT WE'VE FACED. I AM GRATEFUL TO EVERY RESIDENT WHO TRUSTED ME, WHO CHALLENGED ME, HONESTLY, WHO WORKED BESIDE ME, OR REMINDED ME THAT THE UGLIEST VOICES WERE NEVER THE ENTIRETY OF THIS COMMUNITY. MY HOPE IS THAT KYLE CHOOSES TO LEARN SOMETHING FROM WHAT HAS HAPPENED HERE BECAUSE I CARE TOO MUCH ABOUT THIS CITY TO LEAVE WITHOUT ASKING YOU TO THINK ABOUT WHO YOU WANT TO BE. I'M PASSING YOU THE BATON NOW. IT'S YOUR CITY TOO. FIGHT FOR IT. YOU'S ALWAYS IN SOLIDARITY. COUNCIL MEMBER, CLAUDIA. THAT. ALRIGHT. ALRIGHT. UM, BEFORE WE MAKE A MOTION, I'D LIKE TO MAKE SURE WE ALL HAVE HAD A CHANCE TO ADDRESS THESE. UM, I KNOW, I KNOW THIS IS NOT AN EASY SUBJECT TO TALK ABOUT, ABOUT, I I'VE BEEN, I'VE RUN, I'VE BEEN AN ELECTED OFFICIAL FOR FOUR YEARS. UM, AND IT WAS BROUGHT UP EARLIER THAT, THAT THE TERM RACIST WAS USED OUTTA MY MOUTH. AND, UM, I THINK IN ORDER FOR PEOPLE TO UNDERSTAND, THEY NEED TO KNOW WHAT HAPPENED. AND WHAT HAPPENED WAS I WAS AT, UH, GETTING A DRINK WITH THE PREVIOUS MAYOR, A COUNCIL MEMBER, CITY MANAGER, AND THE LADY THAT SPOKE. AND DURING THAT TIME, IT WAS TOLD RIGHT TO MY FACE THAT THE ONLY REASON WHY I WON MY SEAT WAS BECAUSE OF MY LAST NAME. 'CAUSE MEXICANS DUNNO HOW TO VOTE. AND THEN LATER ON AFTER THAT, I WAS ASKED TO PLACE THAT SAME PERSON ON A BOARD. AND I LOOKED OVER AT THE MAYOR AND I SAID, CAN WE PLEASE SEPARATE THESE VOTES SO I DON'T HAVE TO VOTE NO FOR BOTH PEOPLE? AND THEY REFUSED. AND SO PEOPLE THEN HAD THE IDEA THAT I JUST HAD, I I HAD REPLACED THE PERSON THAT HAD SAID THAT TO MY FACE. AND SO THEY THOUGHT IT WAS MORE OF A POLITICAL THING AND IT WASN'T. IT WAS ABOUT, UM, THESE WORDS THAT, I MEAN, AT THAT TIME I WAS STILL IN MY EARLY TH MY LATE THIRTIES. I'VE NEVER BEEN TOLD BEFORE THAT, YOU KNOW, THAT RACE MATTERED IN AN ELECTION. UM, AND IT MADE ME NERVOUS TO PUT SOMEONE LIKE WITH THAT MENTALITY ONTO A BOARD. UM, YOU KNOW, WE, MANY OF US HAVE BEEN A VICTIM OF ONLINE BULLYING. UM, I HAD A WHOLE URBAN DICTIONARY WORD NAMED AFTER ME, IN WHICH, UM, COUNCIL MEMBER CLAUDIA SAPA SUPPORTED, UH, THE TERM WAS FLOCK BLOCK. AND IT WAS NOT ONLY, UH, MY NAME ATTACHED TO IT, IT [01:20:01] WAS MY PICTURE ATTACHED TO IT ALONG WITH COUNCIL MEMBER MEDINA. AND TO BE VERY CLEAR, I DON'T LOOK AT URBAN DICTIONARY, BUT MY 17-YEAR-OLD DAUGHTER DOES. AND SO IT IS KIND OF TOUGH TO JUSTIFY BEING BULLIED WHEN WE ALL KIND OF SIT IN THAT SEAT. I'VE HAD TIKTOKS MADE ABOUT ME. I'VE HAD, UM, REELS MADE ABOUT ME. AND, AND IT'S, IT'S NOT AN EASY PLACE TO SIT. AND FOR THAT, I WANT TO ADDRESS COUNCIL MEMBER ZAPATA'S RESIGNATION AND THE SERIOUS ALLEGATIONS CONTAINED IN THE STATEMENTS SHE RELEASED TO OUR COMMUNITY. FIRST, I WANT TO BE CAREFUL WITH MY WORDS BECAUSE THIS SITUATION DESERVES SOMETHING THAT HAS BEEN MISSING FROM MUCH OF OUR PUBLIC DISCOURSE. AND THAT IS RESTRAINED COUNCIL MEMBER SIPA DESCRIBES AN ENVIRONMENT THAT SHE SAYS INCLUDED HARASSMENT, DEGRADING COMMENTS AND IMAGES, MESSAGES ENCOURAGING HERSELF TO SELF HARM AND THREATS DIRECTED AT HER AND OTHERS. THESE ARE SERIOUS ALLEGATIONS, BUT SERIOUS ALLEGATIONS ALSO REQUIRES US TO DISTINGUISH AN ALLEGATION FROM AN ESTABLISHED FACT, POLITICAL SPEECH FROM UNLAWFUL CONDUCT AND CONDUCT THAT IS OFFENSIVE FROM CONDUCT THAT IS CRIMINAL. WE SHOULD NOT MINIMALIZE WHAT HAS SHE HAS ALLEGED. WE SHOULD NOT CHARACTERIZE, CHARACTERIZE CONDUCT AS CRIMINAL BEFORE FACTS HAVE BEEN ESTABLISHED AND THAT A CRIME HAS BEEN COMMITTED. THAT PRINCIPLE PROTECTS EVERYBODY. IT PROTECTS COUNCIL MEMBER ADA. IT PROTECTS OUR RESIDENTS AND IT PROTECTS THIS COUNCIL. IT ALSO PROTECTS THE INTEGRITY OF THE CITY OF KYLE. MEDIA OUTLETS HAVE ASKED THE CITY TO RESPOND TO COUNCIL MEMBER ADA'S ALLEGATIONS. REPORTERS HAVE EVERY RIGHT TO ASK QUESTIONS AND SEEK COMMENT, BUT I DO NOT BELIEVE THE CITY SHOULD ISSUE A STATEMENT ATTEMPTING TO VALIDATE, DISPUTE, OR MAKE FACTUAL FINDINGS REGARDING ALLEGATIONS THAT HAVE NOT YET BEEN INDEPENDENTLY ESTABLISHED. THERE IS A REASON FOR THAT. THE CITY OF KYLE IS NOT A POLITICAL REFEREE. IT SHOULD NOT DECIDE WHICH RESIDENTS CRITICISM IS APPROPRIATE, WHICH POLITICAL OP OPINION IS ACCEPTABLE, OR WHICH SIDE OF A DISAGREEMENT IS RIGHT. AND THE CITY SHOULD CERTAINLY NOT LABEL A RESIDENT'S CONDUCT CRIMINAL WITHOUT FACTS AND THE APPROPRIATE LEGAL PROCESS TO SUPPORT THAT CONCLUSION. OUR RESIDENTS HAVE A RIGHT TO CRITICIZE US. THEY HAVE A RIGHT TO DISAGREE WITH US. THEY HAVE A RIGHT TO ORGANIZE AGAINST US, CAMPAIGN AGAINST US, QUESTION OUR VOTES, CHALLENGE OUR DECISIONS, AND SAY THINGS ABOUT US THAT WE MAY FIND UNFAIR, HARSH, OR DEEPLY OFFENSIVE. THOSE FREEDOMS DO NOT DISAPPEAR BECAUSE THE SUBJECT OF CRITICISM HOLDS PUBLIC OFFICE. BUT THERE IS ALSO A LINE IF CONDUCT CROSSES FROM PROTECTED EXPRESSION INTO CREDIBLE THREAT, CRIMINAL HARASSMENT, OR ANOTHER VIOLATION OF LAW THAT IS NO LONGER SIMPLY A POLITICAL DISAGREEMENT. IT BECOMES A MATTER FOR THE APPROPRIATE AUTHORITIES. THAT IS WHY COUNCIL MEMBER COURTNEY GZA AND I ARE ASKING THAT AVAILABLE INFORMATION CONCERNING THESE ALLEGATIONS BE PROPERLY REVIEWED AND THAT ANY RELEVANT CITY RECORDS BE PRESERVED. I HAVE REACHED OUT TO THE CITY OF KYLE AND THE KYLE POLICE DEPARTMENT TO DETERMINE WHETHER INCIDENTS INVOLVING POTENTIAL CRIMINAL CONDUCT WERE PREVIOUSLY REPORTED. WHETHER REPORTS OR OTHER RECORDS EXIST AND WHETHER THERE WAS INFORMATION THAT SHOULD BE REVIEWED BY THE APPROPRIATE LAW ENFORCEMENT AGENCY. WE ARE NOT GOING TO DECIDE IN ADVANCE WHAT INFORMATION, WHAT THAT INFORMATION MEANS. WE ARE GOING TO LET FACTS TELL US IF EVIDENCE IDENTIFIES CONDUCT THAT MAY CONSTITUTE A CRIME, IT SHOULD BE PROVIDED TO THE APPROPRIATE LAW ENFORCEMENT AUTHORITY FOR AN INDEPENDENT EVALUATION. AND IF THE CIRCUMSTANCES WARRANT REVIEWED BY ANOTHER STATE OR FEDERAL AGENCY, INCLUDING THE TEXAS RANGERS OR FBI, I WILL SUPPORT THE APPROPRIATE REFERRAL. BUT I WILL NOT CALL CRITICISM A CRIME AND I WILL NOT CALL AN ALLEGATION OF PROVEN FACT. AND I WILL NOT DISMISS A SERIOUS ALLEGATION SIMPLY BECAUSE IT HAS NOT YET BEEN PROVEN. WE CAN DO BETTER THAN CHOOSING BETWEEN THOSE EXTREMES. THERE IS A REASON I BELIEVE THIS DISTINCTION IS IMPORTANT. THE CITY REPRESENTS EVERY RESIDENT OF KYLE, INCLUDING PEOPLE WHO SUPPORTED COUNCIL MEMBER SADA PEOPLE, PEOPLE WHO OPPOSED HER, PEOPLE WHO SUPPORT ME, PEOPLE WHO OPPOSE ME. AND PEOPLE WHO WANT NOTHING TO DO WITH POLITICS AT ALL. OUR GOVERNMENT BELONGS TO ALL OF THEM. THE POWER AND VOICE OF THE CITY SHOULD THEREFORE NEVER BE USED TO SETTLE POLITICAL DISAGREEMENTS BETWEEN ELECTED OFFICIALS AND RESIDENTS. OUR RESPONSIBILITY IS TO PROTECT THE INTEGRITY OF THE INSTITUTION, PRESERVE INFORMATION, FOLLOW THE LAW, AND MAKE SURE ALLEGATIONS OF POTENTIAL UNLAWFUL CONDUCT REACH THE PEOPLE WHOSE JOB IT IS TO DETERMINE WHAT HAPPENED. THAT IS THE STANDARD I INTEND TO FOLLOW. I ALSO WANNA SAY SOMETHING DIRECTLY TO OUR COMMUNITY. PUBLIC SERVICE DOES NOT REQUIRE SILENCE FROM THE PUBLIC. IN FACT, IT IS JUST THE OPPOSITE. DEMOCRACY REQUIRES PEOPLE WILLING TO QUESTION THEIR GOVERNMENT, BUT DISAGREEMENT DOES NOT REQUIRE CRUELTY. ACCOUNTABILITY DOES NOT REQUIRE HUMILIATION. AND POLITICAL DIFFERENCES SHOULD NEVER BECOME EXCUSE FOR THREATENING SOMEONE'S SAFETY. WE CAN'T PROTECT VIGOROUS POLITICAL SPEECH WHILE REJECTING [01:25:01] CONDUCT THAT CROSSES THE BOUNDARIES ESTABLISHED BY LAW. THOSE PRINCIPLES CAN COEXIST. IN FACT, THEY MUST. SO MY MESSAGE TODAY IS NOT ABOUT CHOOSING A SIDE, IT IS ABOUT CHOOSING A STANDARD FACTS BEFORE CONCLUSIONS, EVIDENCE BEFORE ACCUSATIONS DUE, PROCESS BEFORE JUDGMENT AND EQUAL TREATMENT REGARDLESS OF WHO IS SPEAKING, WHO IS BEING CRITICIZED OR WHAT THEY WHERE THEY STAND POLITICALLY. THAT IS HOW WE PROTECT COUNCIL MEMBER SADA. THAT IS HOW WE PROTECT OUR RESIDENTS. THAT IS HOW WE PROTECT THIS COUNCIL, AND THAT IS HOW WE PROTECT THE INTEGRITY OF THE CITY OF KYLE. WOULD YOU LIKE TO MAKE A MOTION? COUNCIL MEMBER HARRIS? I HAVE SOMETHING TO SAY ACTUALLY. UM, ONE, I AM DISGUSTED AND DEEPLY EMBARRASSED BY YOU DOUBLING DOWN ON WHAT YOU JUST STATED. UM, I AM VERY CONFUSED AS TO WHERE THERE HAVE BEEN EQUIVALENCIES DRAWN IN ANYTHING THAT I HAVE SAID REGARDING WANTING TO FILE ANY SORT OF CRIMINAL CHARGES. UM, YET THAT IS WHAT YOU SPENT 75% OF THE TIME DISCUSSING. UH, WHEN THAT IS NOT THE CASE, UH, THIS ENTIRE IDEA OF FACTS AND EVIDENCE NEEDING TO BE PRESENT, UM, THEY ARE IN THE FACEBOOK GROUPS THAT EVERY SINGLE ONE OF US SEES THAT GOES THROUGH THAT VIEWS ALL THE TIME AND COMMENTS THAT ARE MADE THAT ARE ALL PUBLICLY AVAILABLE. UM, I DO NOT APPRECIATE THIS ATTEMPT AT UNDERMINING WHAT I'M SAYING, AND BY ASSUMING THAT THE WAY TO PROTECT ME IS BY DOING SO. THAT IS NOT HOW YOU PROTECT ME. THAT IS NOT ACTUALLY HOW YOU MAKE THIS CITY BETTER, MORE KIND. BECAUSE DESPITE ALL OF THIS, I HAVE CONTINUED TO SERVE THIS CITY IN THE BEST WAY POSSIBLE. IF PEOPLE WANT TO KNOW WHY I HAVEN'T BROUGHT FORTH CRIMINAL CHARGES IS BECAUSE I KNOW THAT THERE IS NOTHING CRIMINAL PER SE THAT HAS HAPPENED. BUT SOMETHING DOESN'T HAVE TO BE CRIMINAL FOR IT TO BE WRONG, AS WE JUST DISCUSSED. AND, AND VICTIMS OF DOMESTIC VIOLENCE UNDERSTAND THIS MORE THAN ANYBODY, THAT JUST BECAUSE SOMETHING HAPPENS AND IT GETS REPORTED DOESN'T ALSO NECESSARILY MEAN THAT YOU'RE GONNA HAVE A CRIMINAL JUSTICE SYSTEM THAT IS RESPONSIVE. AND AS ELECTED OFFICIALS, WE ACTUALLY LOSE A LOT OF PROTECTIONS IN THAT REGARD BECAUSE OF THE PROTECTIONS AROUND FIRST AMENDMENT RIGHTS. UH, SO IF PEOPLE ARE WANTING TO KNOW WHY HAVEN'T DONE THAT, THAT IS THE REASON. AND WHAT I'M NOT CALLING OUT IS NECESSARILY CRIMINAL BEHAVIOR, BUT IT'S JUST WRONG. AND WE SHOULD HAVE THE ABILITY, YOU SHOULD HAVE THE ABILITY MAYOR TO BE ABLE TO SAY THAT REGARDLESS OF SOMETHING BEING CRIMINAL OR NOT, IT IS ABSOLUTELY WRONG AND IT IS DISGUSTING AND IT SHOULD NOT HAPPEN AND IT CANNOT HAPPEN IN COUNCIL CHAMBERS. ALL RIGHT. WOULD YOU LIKE TO MAKE A MOTION? NO. I WOULD LIKE TO MAKE A MOTION, BUT I WOULD LIKE TO MAKE A STATEMENT. YOU ALL HEARD MY BACKGROUND. THE MOST PAINFUL THING THAT HAS HAPPENED TO ME IN MY WHOLE CAREER WAS AS DIRECTOR OF THE SHELTER, ONE OF OUR RESIDENTS, UH, THERE DECIDED SHE WAS GOING TO GO MOVE HER THINGS OUT OF HER APARTMENT. SHE WAS SURE THAT HER PARTNER WAS NOT GOING TO HURT HER IF THAT HAD BEEN RESOLVED. HE SHOWED UP, SHOT HER AND THE PERSON THAT WAS HELPING HER MOVE, AND SHE DIED AND SO DID THE MAN THAT WAS HELPING HER MOVE. WE KNOW THAT WOMEN WHO ARE ABUSED PUT UP WITHOUT ABUSE FAR TOO LONG. MY HUSBAND WAS A POLICE CHIEF. HE SAW THIS FAR TOO OFTEN. WE CANNOT PUT UP WITH THE KIND OF TREATMENT THAT HAS BEEN EXHIBITED IN THIS COMMUNITY BY A MINORITY. FORTUNATELY, WE NEED TO LOOK AT OURSELVES CLOSELY AND THINK ABOUT WHAT ENHANCES WHAT ENCOURAGES THIS BEHAVIOR AND SUPPORT THE WOMEN WHO ARE TRYING TO ESCAPE IT. COUNCIL MEMBERS OF ADA IS TAKING THE HIGH ROAD HERE. SHE'S LEAVING FOR HER HEALTH AND WELLBEING AS SHE SHOULD IF SHE IS BEING ABUSED THIS WAY. I ALSO AM NOT RUNNING FOR COUNCIL AGAIN BECAUSE [01:30:01] OF THE ATMOSPHERE IN THIS CITY RELATED TO PEOPLE THAT DISAGREE. WE SHOULD BE ABLE TO DISAGREE. THAT'S PART OF BEING AN ELECTED OFFICIAL WITHOUT FEELING THREATENED, WITHOUT FEELING LIKE WHEN I WALK OUT AT 1:00 AM THAT THERE COULD BE SOMEBODY OUT THERE. AND THERE HAVE BEEN COUNCIL MEMBERS AND ALL KINDS OF ELECTED OFFICIALS WHO HAVE BEEN KILLED. SO WE TAKE THIS SERIOUSLY. OUR OFFICERS TAKE IT SERIOUSLY. THEY'RE HERE WATCHING. THEY'RE HERE PROTECTING US AND OUR AND THE PEOPLE HERE BECAUSE THESE THINGS DO HAPPEN. I ALWAYS WANTED TO COME TO SPEAK AFTER, UM, COUNCIL MEMBER ZAPATA, BECAUSE SHE IS SO ELOQUENT. SHE DOES HER HOMEWORK. SHE SPEAKS WELL. HER HER ARGUMENTS THAT COUNCIL HAVE BEEN WELL REASONED. IT HAS BEEN MY PLEASURE TO SERVE WITH HER. AND WE DON'T ALWAYS AGREE. WE NEVER HAVE ALWAYS AGREED, BUT I ADMIRE HER. I THOUGHT PERHAPS I WAS HOPING THAT HER REASON FOR HER, UM, RESIGNATION WAS MAYBE SHE GOT A JOB IN DC YES, THAT WOULD BE GREAT. UNFORTUNATELY, THAT IS NOT THE REASON SHE WAS RESIGNING. I THINK WE NEED TO ALL LOOK AT OURSELVES CAREFULLY AND SUPPORT EACH OTHER. I WOULD LIKE TO RELUCTANTLY MOVE TO ACCEPT COUNCIL MEMBER MEMBER ZAPATA'S RESIGNATION. SECOND, I HAVE A MOTION BY COUNCIL MEMBER HARRIS AND A SECOND BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. OKAY. UM, NEXT [16) (First and Final Reading) Consider approval of an Ordinance calling a Special Election for December 12, 2026 to fill a vacancy for an unexpired term in City Council District Three, at-large; Providing for candidate application methods; Designating the main and branch early voting locations for such election; Providing for an Order and Notice of such Special Election; Providing for related matters; Providing a Severability Clause; and Providing an Effective Date.] WE HAVE AGENDA ITEM 16. CONSIDER APPROVAL OF AN ORDINANCE CALLING A SPECIAL ELECTION FOR DECEMBER 12TH, 2026 TO FILL A VACANCY FOR AN UNEXPIRED TERM IN CITY COUNCIL DISTRICT THREE AT LARGE, PROVIDING FOR CANDIDATE APPLICATION METHODS, DIS DESIGNATING THE MAIN AND BRANCH EARLY VOTING LOCATIONS FOR SUCH ELECTION, PROVIDING FOR AN ORDER AND NOTICE OF SPECIAL ELECTION, PROVIDING FOR RELATED MATTERS, PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE ITEM PRESENTER, AMY ALQUAN REED. GOOD EVENING, MAYOR. AND COUNSEL, AMY ALCORN REED CITY ATTORNEY FOR THE RECORD, THE PURPOSE OF THIS ITEM IS TO CALL A SPECIAL ELECTION. SO AS WE'VE DISCUSSED, UH, COUNCIL MEMBER ZAPATA HAS RESIGNED HER SEAT, WHICH CREATES A VACANCY UNDER THE CITY CHARTER THAT VACANCY MUST BE FILLED. AND STATE LAW THAT VACANCY MUST BE FILLED WITHIN 120 DAYS. THE ELECTION SHOULD BE HELD ON A SATURDAY. WE DID ORIGINALLY GET SOME INFORMATION FROM THE SECRETARY OF STATE SUGGESTING THAT DECEMBER 12TH, 2026 WAS UNIFORM ELECTION DATE. THEY HAVE SINCE TOLD US THAT IT IS NOT A UNIFORM ELECTION DATE. AND SO WE HAVE A UPDATED OPINION FROM THE SECRETARY OF STATE. HOWEVER, IT IS THE DESIGNATED RUNOFF DATE. WE HAVE BUDGETED AN ELECTION FOR THIS DATE. IT IS ON A SATURDAY WITHIN 120 DAYS. IT IS OUR RECOMMENDATION TO CONTINUE TO PUT THIS ELECTION ON THIS DATE BECAUSE WE ALREADY HAVE THE FUNDING FOR IT. THE LOCATIONS FOR EARLY ELECTION DAY VOTING HAVE NOT YET BEEN FINALIZED, SO IT WILL DEPEND ON WHO IS PARTICIPATING. WHAT OTHER, UH, ENTITIES MIGHT HAVE A RUNOFF ELECTION ALONG WITH US AND THE COUNTY. UM, THE DATES WILL BE MONDAY, NOVEMBER 30TH THROUGH FRIDAY, DECEMBER 4TH, AND THEN SATURDAY DECEMBER 5TH, MONDAY DECEMBER 7TH THROUGH TUESDAY, DECEMBER 8TH. AND THEN ELECTION DAY WILL BE SATURDAY DECEMBER 12TH. CITY. KYLE WILL ACCEPT APPLICATIONS FOR BALLOTS AS SOON AS THIS IS APPROVED. UM, OFFICES ARE OPEN AT 8:00 AM TOMORROW MORNING. CITY SECRETARY'S LOCATED AT THE PUBLIC SAFETY CENTER. WE ACCEPT THOSE APPLICATIONS UNTIL 5:00 PM ON MONDAY, NOVEMBER 2ND AT THE PUBLIC SAFETY CENTER. WE'LL HOLD A DRAWING ON NOVEMBER 5TH FOR THE ORDER OF NAMES ON THE BALLOT. IF WE CALL THE ELECTION TODAY ON OCTOBER 5TH, THAT PROVIDES AS MUCH TIME AS WE CAN POSSIBLY GIVE FOR POTENTIAL CANDIDATES AND VOTERS TO PREPARE FOR THIS ELECTION. HAVING THE ELECTION ON THE RUNOFF DATE IS WITHIN THE TIMEFRAME. IT'S IT'S ON A SATURDAY AND IT'S ALREADY BEEN BUDGETED. WE'RE ALSO HERE TO ANSWER ANY QUESTIONS YOU MIGHT HAVE ABOUT THIS PROCESS OR ANY OTHER ISSUES RELATED TO THE ELECTION. UM, JENNIFER AND I HAVE BEEN IN CONTACT WITH SECRETARY OF STATE AND SO WE'VE HAD, WE'VE GOTTEN A LOT OF INFORMATION THAT WAY. OKAY. QUESTIONS? UH, COUNCIL MEMBER HARRIS. UM, THE DATE FOR THE LAST DATE OF FILE IS ELECTION DAY, THE DAY BEFORE THE DAY BEFORE ELECTION DAY. CAN WE, IS THERE A REASON WE CAN'T DELAY THAT A DAY OR TWO TO ASSURE THAT ANYONE THERE IS IS RUNNING THAT IS THE LAST DAY ELIGIBLE IN STATE LAW. UNDER STATE LAW? YEAH. FOR THE FILING. OKAY. THANK YOU. ANY OTHER QUESTIONS? OKAY. I, I'LL GO AHEAD AND THROW ONE OUT THERE. [01:35:01] IF, UH, IF SOMEBODY IS CURRENTLY ON THE BALLOT AND WANTS TO SHIFT OVER, UH, IS THAT AN OPTION FOR THEM? SO WE GOT A WRITTEN OPINION FROM THE SECRETARY OF STATE. WE'RE HAPPY TO SEND THAT OUT TO COUNSEL. UM, OUR UNDERSTANDING IS THAT IF YOU ARE CURRENTLY ON THE BALLOT, IT IS TOO LATE TO REMOVE YOUR NAME FROM THE BALLOT. SO YOU CAN ANNOUNCE THAT YOU'RE WITHDRAWING, YOU COULD REGISTER TO RUN FOR THE OTHER SEAT. HOWEVER, IF YOU WIN THE SEAT YOU'RE CURRENTLY ON THE BALLOT FOR THAT WITHDRAWAL IS NOT EFFECTIVE AND YOU CAN TAKE IT. AND SO THAT MAKES THINGS A LITTLE BIT MURKY AND CONFUSING. AND THEN IF YOU END UP IN THE RUNOFF AS AN APPLICANT CURRENTLY ON THE SEAT, BUT YOU'RE ALSO ON THE BALLOT FOR THE SPECIAL ELECTION, YOU CAN'T BE ON THE BALLOT TWICE AT THE SAME ELECTION. AND SO IT WOULD THEN BE TOO LATE TO WITHDRAW FROM THE SPECIAL ELECTION. AND SO YOU WOULD HAVE TO WITHDRAW FROM THE RUNOFF. AND SO WE'RE LOOKING INTO WHAT HAPPENS IF SOMEBODY WHO MAKES THE RUNOFF THEN WITHDRAWS FROM THE RUNOFF BECAUSE THAT'S NOT SOMETHING THAT WE'VE EVER DEALT WITH. I JUST KNOW WE'VE GOT A LOT OF GREAT APPLICATIONS. RIGHT? WE'RE GREAT CANDIDATES RIGHT NOW. I'M SURE SOME OF 'EM ARE AT LEAST THINKING ABOUT IT. I THINK THIS IS GOOD INFORMATION. WE WANT PEOPLE WHO WANT TO CONSIDER RUNNING TO HAVE ALL OF THE INFORMATION THEY NEED. THAT'S WHY WE WANTED TO PUT THIS ON THE AGENDA AND ANSWER ANY QUESTIONS YOU GUYS MIGHT HAVE. MM-HMM . OKAY. ANY OTHER QUESTIONS? OKAY. ANY MOTION? MAKE A MOTION TO APPROVE ITEM NUMBER 16. ALL RIGHT. I HAVE A MOTION BY COUNCIL MEMBER MEDINA SECOND AND A SECOND BY COUNCIL MEMBER MCKINNEY. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. OKAY. UP NEXT WE HAVE AGENDA ITEM [24) Consider approval of a Resolution directing the Interim City Manager to bring back an agreement ensuring long-term occupancy and/or ownership of the property located at 107 Veterans for VFW Post #12058.] 24 CAN CONSIDER APPROVAL OF A RESOLUTION DIRECTING THE INTER INTERIM CITY MANAGER TO BRING BACK AN AGREEMENT ENSURING LONG-TERM OCCUPANCY AND OR OWNERSHIP OF THE PROPERTY LOCATED AT 1 0 7 VETERANS FOR VFW POST 1 2 0 5 8. ITEM PRESENTER, AMY ALCORN REED. THANK YOU. GOOD EVENING, MAYOR AND COUNSEL. AMY ALCO, CITY ATTORNEY. I'M GLAD YOU PULLED THIS UP 'CAUSE I WAS ALREADY STANDING HERE . SO, ON MARCH 24TH, 2026, THE CITY COUNCIL DIRECTED THE CITY MANAGER TO BRING BACK OPTIONS REGARDING CONVEYANCE OF THE PROPERTY CURRENTLY OCCUPIED BY THE VFW TO THE VFW TO BE USED FOR THE BENEFIT OF THE COMMUNITY. THIS PROPERTY IS CITY LO OWNED AND IT HAS BEEN LEASED TO THE V FW ON A SHORT TERM LEASE. SO IT'S AN ANNUAL LEASE THAT RENEWS. HERE'S SOME DETAILS ABOUT OUR ANNUAL LEASE. OUR EXISTING LEASE, IT WAS MOST RECENTLY EXECUTED IN JANUARY OF 2024 AND IT RENEWS ANNUALLY AND LESS TERMINATED THE LEASE LIMITS, THE USE OF THE BUILDING AND THE ABILITY OF THE V FW TO MAKE PERMANENT IMPROVEMENTS WITHOUT CONSENT OF THE CITY. THE VFW IS REQUIRED TO MAINTAIN THE PROPERTY AND REPAIR ANY DAMAGE CAUSED BY THE USE OF THE PROPERTY AND THEY CAN OCCUPY THE PROPERTY WITH NO RENTAL PAYMENT. AND THEN THE CITY ALSO COVERS UTILITY COSTS AND PROVIDES FOR PROPERTY INSURANCE COVERAGE TO THE BUILDING. WE, WE HAVE JUST PREVIOUSLY DISCUSSED THE OPTION TO TRANSFER THE PROPERTY IN WHOLE UNDER SECTION 2 53 0.011 OF THE LOCAL GOVERNMENT CODE, WHICH ALLOWS FOR CONVEYANCE OR SALE OF THE PROPERTY FOR LESS THAN MARKET VALUE TO A 5 0 1 C3 NONPROFIT. AND SO IF THE CITY COUNCIL CHOSE TO DO SO, THERE IS THE ABILITY TO TRANSFER THE PROPERTY TO A 5 0 1 C3 ON BEHALF OF THE VFW. IT WOULD INCLUDE LANGUAGE IN THE DEED THAT WOULD REVERT TO THE PROPERTY BACK TO THE CITY IN THE EVENT THAT IT WAS NO LONGER USED FOR THE PUBLIC BENEFIT THAT THE PROPERTY IS DEEMED TO, TO COVER. WE ALSO WANTED TO PRESENT ANOTHER OPTION JUST FOR CITY COUNCIL TO BE AWARE OF, WHICH IS A LONG-TERM LEASE OPTION BECAUSE CURRENTLY UNDER THE SHORT-TERM LEASE, THE VFW DOES NOT HAVE ANY ASSURANCES THAT THEY CAN KEEP THAT PROPERTY LONG TERM. AND SO ONE OF THE THOUGHTS IS THAT PERHAPS COUNCIL MIGHT PREFER TO OFFER A LONG-TERM LEASE, MAYBE 30, 40 YEARS TO THE VFW TO MAINTAIN THEIR POSITION IN THAT PROPERTY, WHICH WOULD ALLOW THEM MORE CERTAINTY, WOULD ALSO ALLOW THE CITY TO AGREE TO PART, TO SIGN OFF ON GRANT APPLICATIONS SO THAT PERHAPS WE COULD GET JOINT GRANT APPLIC GRANT JOINT GRANTS TO HELP WITH THE PROPERTY. BUT IT MIGHT TAKE OUT SOME OF THE BURDENS SUCH AS PROPERTY INSURANCE OR OTHER COSTS THAT THE CITY CURRENTLY COVERS, SUCH AS LIKE LARGE SCALE REPAIRS TO THE BUILDING. UH, THE OPTIONS THAT WE HAVE BEFORE YOU ARE TO APPROVE THE RESOLUTION AND IT'S GOT OPTIONS IN THE RESOLUTION FOR WHICH WAY YOU GO WITH THE DIRECTION TO EITHER BRING BACK A LONG TERM LEASE OR TO CONVEY THE PROPERTY UNDER THAT SECTION OF LAW OR TO DENY THE RESOLUTION AND CONTINUE THE CURRENT LEASE ARRANGEMENT WITH THE VFW. AND WE'RE, YOU KNOW, OPEN TO OTHER OPTIONS AS WELL IF CITY COUNCIL HAS THEM. DID THEY EVER BRING THEIR 5 0 1 3 C INFORMATION TO US? I KNOW THAT THEY HAVE WORKED ON IT. COUNCIL MEMBER ZA DO YOU HAVE THE, DO YOU, DID YOU GET ALL THE DETAILS ON IT? I KNOW YOU WERE TALKING TO 'EM. I KNOW THEY SAID THAT IT WAS, UM, IN ACTION RIGHT NOW. THEY WERE ALSO TALKING ABOUT GETTING THAT INFORMATION TO US. UM, AND I DO KNOW THAT ONE OF THE THINGS, ONE OF THE REASONS WE WANTED TO TRANSFER IT TO THEM IS BECAUSE THE VFW ORGANIZATION [01:40:01] SPECIFICALLY REQUIRES THAT THEY OWN IT. THEY CANNOT HAVE A LONG-TERM LEASE IN ORDER TO QUALIFY FOR MANY OF THE VFW SPECIFIC GRANTS THAT THEY WOULD OTHERWISE BE ELIGIBLE FOR. OKAY. COUNCIL MEMBER HARRIS. SO I, I'M CONFUSED ABOUT THEIR RELATIONSHIP TO THE NATIONAL VFW. IT'S MY UNDERSTANDING THAT THIS BUILDING WOULD HAVE SOME OWNERSHIP BY THE NATIONAL VFW AS WELL. I IF THEY DO THIS, I DON'T THINK THAT THEY HAVE YET THEIR 5 0 1 C3 AS AN INDIVIDUAL ORGANIZATION. I'M NOT SURE VFW ALLOWS THEM TO DO THAT. MAYOR FLORES KILL AND I MET WITH THEM EARLIER THIS YEAR. THEY DO ALLOW THAT, THE NATIONAL WOULD HAVE NO OWNERSHIP OF THAT. AND IT IS A SEPARATE 5 0 1 C3 THAT IS OWNED BY THIS VFW THAT THEY WOULD BE TRANSFERRING IT INTO THE NAME OF AND THAT WOULD ALLOW THEM TO QUALIFY FOR THE GRANTS. I DON'T THINK WE CAN CONSIDER THIS ACTION UNTIL WE HAVE THAT, THE PURPOSE OF THIS RESOLUTION IS TO GET THE DIRECTION SO THAT WE CAN BRING IT BACK TO COUNCIL. OKAY. SO THAT'S, THAT'S WHAT WE'RE DOING. IT CONCERNS ME THAT WE WOULD CONSIDER DONATING, UM, BUILDINGS TO NONPROFIT ORGANIZATIONS THAT SETS A PRECEDENT. THERE'S LOTS OF US NONPROFIT ORGANIZATIONS IN THE CITY OF KYLE, UH, INCLUDING CS. UM, I I THINK IT DOES STAY, IT IS A BAD PRECEDENT. I WOULD NOT OPPOSE, UH, A LONG-TERM LEASE IN NEGOTIATING WITH THE NATIONAL VFW RELATED TO THAT. UM, I KNOW THAT, UM, YOU KNOW, MAYBE WE NEED TO LOOK AT DOING WHAT DRIPPING SPRINGS HAS DONE, WHICH IS HAVING A, UM, VETERAN CENTER WHERE VFW AND UM, AND VETS AND OTHER VETERANS ORGANIZATIONS HAVE ACCESS. UM, AND THE CITY OWNS THAT. SO I'M NOT SURE HOW VFW OVER THERE HANDLES THAT, BUT THEY, THEY ARE IN THAT FACILITY, I BELIEVE. UM, I, I JUST, I CAN'T SEE ACTUALLY DEEDING THIS PROPERTY TO ANOTHER ORGANIZATION. I CAN SEE A LONG TERM LEASE. I WOULD, I WOULD SUPPORT THAT. MAYOR, GO AHEAD. COUNCIL MEMBER. OKAY. MAYOR, DOES THE COUNTY OWN PART OF THAT LAND THAT'S THERE DON'T, IS THAT, DOES THAT BUILDING, UH, IS IT, DOES IT RESIDE ON SOME OF THE COUNTY, UH, COUNTY LAND THAT WE KNOW OF? I DON'T BELIEVE SO. I BELIEVE IT'S CITY PROPERTY. IT'S ALL CITY AMVETS IS OWNED BY THE COUNTY. OKAY. WHAT'S THAT? AM AM I THINK ADJACENT TO IT OR NEARBY? ADJACENT TO IT? IT IS ON THE OTHER SIDE OF PUBLIC WORKS. YEAH. OKAY. AND IF YOU WERE TO GO WITH A SPECIFIC LEASE, WHY WOULD WE WANNA CHOOSE A 40 YEAR LEASE VERSUS MAYBE A 20? IT'S, IT'S ENTIRELY UP TO COUNCIL THOUGH. IT WAS JUST EXAMPLES. I THINK I PUT IN THE RESOLUTION OF BLANK FOR WHATEVER TERM THE COUNCIL WOULD LIKE TO DO FOR A LEASE, IF THAT'S THE WAY YOU CHOOSE TO GO. AND WHEN IT CAME TO, HOW AND HOW LONG HAVE THEY BEEN THERE? 2024 WAS THE MOST RECENT LEASE. I DON'T RECALL OFF THE TOP OF MY HEAD WHEN THIS BUILDING OVER HERE WAS TORN DOWN AND THEY MOVED. AND SO I DON'T KNOW IF THAT WAS 2024 OR IF IT WAS BEFORE THAT. DID THEY OWN THAT BUILDING OR DID THE CITY, I BELIEVE THAT WAS THE CITY'S BUILDING AS WELL. THE CITY BUILDING. THE, AND THEN THEY GAVE HIM THAT BUILDING TO USE OVER, OVER THERE. RIGHT. WHEN WE, WHEN WE DEMOLISHED THE ONE THEY WERE IN, WE MOVED THEM INTO, DO YOU KNOW BY CHANCE IF THEY HAD EVER TRIED TO RAISE FUNDS TO BE ABLE TO PURCHASE THE PROPERTY THAT THEY'RE SITTING ON RIGHT NOW? NOT TO MY KNOWLEDGE, BUT I DON'T KNOW AT, AT ANY TIME. DID ANY, WAS THERE LIKE A BUILDING FUND OR TO WHERE THEY COULD EVENTUALLY PURCHASE THAT OR, OR OWN THAT? I KNOW AT ONE TIME THERE WAS BECAUSE I DONATED TO IT . OKAY. WONDER WHAT HAPPENED TO THAT. DO YOU KNOW WHERE, I MEAN, UH, THAT'S KIND OF HOW I LOOK AT IT. LIKE, YOU KNOW, IF, IF SOME, IF THE VF W'S BEEN WITH THE CITY OF KYLE FOR 20 YEARS AND THEY HAD A, A BUILDING OVER HERE ACROSS THE STREET AND THEN THEY GOT MOVED OVER THERE, UM, MY QUESTION THAT I HAVE AND THEN SOMEBODY HAD PEOPLE HAVE BEEN REACHING OUT TO ME IS DURING THIS TIME, DID THE VFW CONSIDER EVER RAISING FUNDS TO BE ABLE TO PURCHASE THIS OUTRIGHT TO WHERE THEY COULD BE ABLE TO OWN IT INSTEAD OF HAVING TO RELY ON THE CITY TO COVER THEIR UTILITIES AND INSURANCE ON THAT END? I, I UNDERSTAND WE'RE VETERANS, BUT AT THE SAME TIME THERE'S UM, THERE'S, THERE'S THAT, THAT ASPECT TO WHERE DID, WAS THERE ANY FUNDRAISING THAT WAS DONE TO SAY WE WANT TO BE ABLE TO PURCHASE OUR OWN BUILDING ONE DAY AND, AND BE ABLE TO HAVE THAT, THOSE FUNDS READY TO GO? 'CAUSE I KNOW CS RAISED ALMOST OVER A QUARTER MILLION DOLLARS AT ONE TIME FOR THEIR BUILDING. AND SO, UH, I'M MAYOR AND SO I'M JUST CURIOUS AS A REPRESENTATIVE FROM THE VFW, WELL, I'M [01:45:01] A MEMBER OF THE VFW AND I DID HAVE AN OFFICE LAST YEAR, UM, HELD THAT OFFICE. STEVE COOK IS THE MAN THAT WE RELY ON FOR THAT INFORMATION AND HE IS NOT HERE. UM, I AM NOT, I'M NOT GONNA SPEAK ON THE FINANCIALS BECAUSE I WASN'T INTRICATELY A PART OF THAT PROCESS. AND I, IF I RECALL RIGHT, THEY HAD TRIED TO RAISE MONEY BEFORE. UH, BUT I'M NOT SURE HOW THAT WORKED OUT. SO I, I DON'T KNOW IF THAT'S, UH, SET IN STONE OR NOT, BUT I DO KNOW THAT STEVE WOULD BE THE ONE TO, TO APPROACH WITH THAT. SO. OKAY. BECAUSE IT ALSO GOES CURIOUS TO KNOW THAT IF THEY, IF Y'ALL HAVE BEEN AROUND FOR 20 YEARS, THAT WHY HASN'T A 5 0 1 C BEEN DONE BEFOREHAND AND AND WHY ARE WE IN THE PROCESS OF GETTING IT DONE RIGHT NOW? SO THEY USE A DIFFERENT, UM, NONPROFIT STRUCTURE FOR THE VFW. SO THIS IS, THEY HAVE CREATED A 5 0 1 C3 FOR CERTAIN, UM, FACILITIES THAT HAVE DONE A SIMILAR TYPE ARRANGEMENT WITH THE CITY WHERE THIS HAS TO BE DONE. BUT THE, OKAY, THEY NORMALLY DO A 5 0 1 C 14 C 17 IN GENERAL OF VFW IS A 5 1 5 0 1 C 17, WHICH IS A SPECIAL ORGANIZATION CREATED SPECIFICALLY FOR VETERANS ORGANIZATIONS. IT'S A SPECIAL TYPE OF, OF NONPROFIT CORPORATION. AND SO THEY, WHEN WE BROUGHT THIS OPTION FORWARD, THE STATE LAW IS SO SPECIFIC THAT IT DEFINES NONPROFIT CORPORATION AS A 5 0 1 C3 AND IT DOESN'T ALLOW FOR OTHER OPTIONS. SO THAT'S KIND OF LED US TO HAVING CONVERSATIONS WITH THE VFW ABOUT CREATING A 5 0 1 C3 OR MAYBE PARTNERING WITH ONE THEY ALREADY HAVE IN ORDER TO OBTAIN THE PROPERTY. WOULDN'T IT BE SAFE TO WAIT TILL WE GET THAT OFFICIAL DOCUMENT BEFORE WE HAD LOOK AT TRANSFERRING PROPERTY OVER TO NONPROFITS? OH. 'CAUSE I'M LOOKING AT IT LIKE, WHAT, WHERE ARE WE AT WITH CAS? COULD WE DO THE SAME THING WITH THE NEW BUILDING OVER THERE AND DONATE IT TO THEM, UH, 1500 AC? SHOULD WE, COULD WE WORK ON SOMETHING LIKE THAT? CAS WOULD BE DELIGHTED. ASSUMING CASS HAS A 5 0 1 C3, I DO BELIEVE IT WOULD BE PERMISSIBLE UNDER THIS LAW. IT, AS LONG AS IT BE PERMISSIBLE UNDER THIS LAW THAT WE COULD ACTUALLY DONATE TO THAT LAND, THAT BUILDING AS LONG AS BUILDING AS I THINK YOU GOT HIM EXCITED AS LONG AS IT WAS DONATED FOR PUBLIC PURPOSE. JUST, I'M JUST LOOKING AT IT FROM BOTH ANGLES. WE JUST NEED TO MAKE SURE THAT WE WOULD MAKE A FINDING AS TO WHAT THE PUBLIC PURPOSE WAS TO DONATE THE PROPERTY. MM-HMM . AND WE'D HAVE TO INCLUDE A PROVISION THAT IF THAT PUBLIC PURPOSE WERE TO CEASE THE PROPERTY WOULD AVERT TO THE CITY. OKAY. THAT, THAT'S WHERE I STAND ON THIS IS, IS I WANNA MAKE SURE WE HAVE ALL, AND I THINK BEFORE I DID ASK FOR THE FINANCIALS FROM STEVE COOK OR OR WHOEVER IT WAS TO SHOW THIS IS WHERE'RE AT, UH, YOU KNOW, UH, THIS IS WHERE OUR TAXES ARE. WE'RE CURRENT ON OUR TAXES AND WE'RE CURRENT, THIS IS WHAT WE PLAN ON DOING FOR THE BUILDING. 'CAUSE THE ONE THING JUST TO HAVE THE BUILDING, BUT WHAT IS THE FUTURE FOR IT? WHAT'S THE, ARE YOU GONNA REMODEL IT? ARE YOU GONNA GET FUNDRAISING GOING TO WHERE YOU CAN EXPAND IT OUT, YOU KNOW, FOR SERVICES AND THINGS LIKE THAT? 'CAUSE I, I KNOW IT'S BEEN THERE FOR ABOUT FOUR YEARS NOW AND IT'S, IT'S STILL THE SAME BUILDING AND SO, YOU KNOW, IT'S STILL THE SAME STRUCTURE, SAME EVERYTHING. SO I'M JUST WHAT WOULD, WHAT WOULD BE THE JOURNALIZED PURPOSE FOR THAT MOVING FORWARD ON THAT? I COULD ADDRESS IT IF YOU'D LIKE. UM, AND MAY I MENTION BEFORE YOU GET STARTED, I DO HAVE THE FILING FROM THE SECRETARY OF STATE ACKNOWLEDGING THAT THEY ARE A DULY REGISTERED 5 0 1 C3 WITH THE STATE NOW. AND THAT WAS EFFECTIVE SEPTEMBER 24TH. OKAY, SIR. THANK YOU. UM, REAL QUICK, WE CAME TO YOU ALL BACK IN MARCH OR MAY, FEBRUARY I THINK OF LAST YEAR OR THIS YEAR, ONE OF THE TWO. I GAVE A PRESENTATION, REAL SHORT PRESENTATION. UH, WE WERE TRYING TO ASK, UH, FOR THE, THE ADJACENT LOT NEXT TO THAT. I THINK IT WAS 1 0 5 THERE ON VETERANS DRIVE. AND WE HAD BIG PLANS TO, TO EXPAND FOR THE PARKING LOT. AND A BUILDING IN THE BACK OF THAT PROPERTY WOULD BE KIND OF LIKE A, AN EVENT CENTER WHERE WE COULD USE IT FOR OUR PURPOSES AND FOR THE VFW. AND THEN ON TOP OF THAT, RENT IT OUT TO THE COMMUNITY FOR QUINCEANERAS, PARTIES, WEDDINGS AND STUFF LIKE THAT. AND IT'D BE A MONEY MAKING, UM, UH, BUILDING SO THAT WE COULD BE SELF-SUSTAINING AND THEN RENOVATE THE INSIDE OF THAT BUILDING WHERE WE'RE AT NOW TO MAKE IT MORE SAFER, MAKE IT MORE APPEALING, AND UTILIZE THE SPACE THAT'S IN THERE AS OPPOSED TO HOW IT'S ALL CUT UP WITH THE DIFFERENT ROOMS AND DIVISIONS IN THERE. SO IT'S, WE REALLY CAN'T DO A WHOLE LOT WITH A BIG CROWD. OUR BREAKFAST IS THERE . I MEAN, IF EVERYBODY SHOWS UP, IT'S PACKED AND YOU GOTTA FIGHT FOR A SEAT. PRETTY MUCH. SO, YOU KNOW, WE, WE LOVE OUR PUBLIC, [01:50:01] WE LOVE OUR VETERANS, WE WANT EVERYBODY TO COME OUT AND ENJOY BREAKFAST, MAN. IT'S, YOU KNOW, WHEN YOU'RE, YOU KNOW, SOMETIMES YOU HAVE TO EAT ALL CRAMPED UP, YOU, YOU KNOW MM-HMM . UM, SO THAT, THAT WAS THE SCOPE OF THE, UH, THE IDEAS AND, AND THE, THE PROSPECTS OF BEING ABLE TO UTILIZE THAT PROPERTY AS OUR OWN, SO TO SPEAK. SO WE, WE JUST, WE HAD A, WE STILL HAVE BIG PLANS. WE STILL WANNA DO ALL THOSE THINGS, BUT IT'S YOUR ALL'S PROPERTY. SO ANY OTHER QUESTIONS? I'M GOOD. OKAY. THANKS SIR. ANY OTHER? NO, I'M GOOD. THANK YOU FOR YOUR TIME. COUNCIL MEMBER HARRIS, I'M ALSO CONCERNED THAT THIS VFW NUMBER ONE, I'M A BIG FAN OF THE VFW AND WHAT THEY'RE DOING NOW. THEY'RE DOING A TREMENDOUS JOB. BUT THIS, THIS VS. VFW GROUP HAS HAD MAJOR FINANCIAL ISSUES AND ALMOST DISBANDED SOME YEARS AGO. UM, IS MY UNDERSTANDING NOT THAT LONG AGO THAT THEY'VE HAD SERIOUS, I DON'T BELIEVE THAT'S TRUE FINANCIAL ISSUES. DO YOU HAVE, DO YOU HAVE I'VE NEVER, I DON'T THINK THAT'S ANYTHING THAT'S BEEN REPORTED TO US. CAN I ASK WHERE YOU GOT THAT INFORMATION FROM? UH, VFW, BUT WHO, WHO IN THE VFW TOLD YOU THAT? I'M NOT SURE. IT'S BEEN A COUPLE OF YEARS. UM, BUT I WOULD LIKE TO SEE, YOU KNOW, THEIR BOOKS. I WOULD LIKE TO KNOW THAT THEY'RE FISCALLY SOUND, UM, AND THAT THEY HAVE THE ABILITY TO HANDLE A LONG TERM LEASE. I, I'M OPPOSED TO GIVING ANY NONPROFIT, UH, CITY PROPERTY, UH, ESPECIALLY THERE THAT MAY OR MAY NOT MEET, MEET THEIR NEEDS. YOU KNOW, THERE MAY BE THING, UH, PROPERTIES THAT WOULD MUCH BETTER MEET THEIR NEEDS THAN THAT PARTICULAR BUILDING, WHICH IS WAS OLD AND NEEDS A LOT OF WORK. UM, I JUST, I'M NOT READY TO VOTE ON THIS. YEAH, I THINK WE NEED SOME MORE INFORMATION FOR SURE. OKAY. UM, I KNOW WHEN WE DISCUSSED IT, I WANTED TO FOR HAVE THE FINANCIALS THAT WE REQUESTED PRIOR TO MM-HMM . AND THAT WE DON'T HAVE THAT. SO IT'S HARD FOR US TO MAKE. I MEAN, IF THERE'S AN ACCUSATION OF THAT THEY ALMOST WENT BANKRUPT, I THINK THAT NEEDS TO BE ADDRESSED, UM, ONE WAY OR ANOTHER. SO, UM, CAN WE BRING THIS BACK AT THE NEXT MEETING AND WELL, NOT, IF WE DON'T HAVE THE INFORMATION, I WOULDN'T PLACE IT ON THE AGENDA, BUT, UM, GETTING THE ADDITIONAL INFORMATION BEFORE THIS IS PRESENTED AGAIN I THINK IS GONNA BE IMPORTANT. OKAY. UM, WE CAN DO THAT. MY OTHER THOUGHT WAS IF COUNSEL IS LEANING ONE WAY OR THE OTHER, OTHER, WE COULD START MOVING FORWARD WITH THOSE FORMAL DOCUMENTS AND BRING THEM BACK. BUT IF WE'D PREFER TO HAVE THIS DISCUSSION AGAIN, WE CAN DO THAT FOR SURE. LET'S GET THE CONCEPT DESIGNS, LET'S GET THE MISSION STATEMENT FROM THEM. LET'S GET THE 5 0 1, UH, C EVEN THOUGH, UH, COUNCIL MEMBER CLOSES SAID IT WAS FILED IN IN SEPTEMBER, LET'S GET DOCUMENT IS FINALIZED. IT'S JUST LIKE ANYTHING, ANY OTHER DEVELOPMENT THAT WE'RE LOOKING AT HERE, MAYOR, ANY OTHER KIND OF AGREEMENT? AGREE THAT WE'RE GOING WITH MM-HMM . LET'S HAVE ALL THE PAPERWORK READY TO GO. LET'S SEE THEIR FINANCES, LET'S SEE WHAT THEY'RE PLANNING ON DOING WITH, UH, THE LEASE. UH, WHAT'S THEIR DIRECTION, WHAT'S THEIR LONG-TERM GOALS? 'CAUSE IF IT'S GONNA BE TAXPAYER DOLLARS THAT ARE GONNA BE, UH, FORKING OVER FOR THIS BUILDING AND UH, IF WE'RE GONNA BE COVERING THEIR ELECTRICITY AND THEIR WATER, UH, AND JUST LIKE WHAT THIS GENTLEMAN SAYS THEY WANT TO EXPAND OUT TO, UH, MAKE IT INTO, UH, AN EVENT CENTER THAT'S GONNA BE ABLE, THEY CAN LEASE IT OUT, WELL THEN THE CITY WILL HAVE TO PAY FOR THAT WATER AND PAY FOR THAT ELECTRICITY. AND LIKE YOU SAID, IT'S, IT'S TO ALSO WELL RAISE MONEY. OKAY, WELL WHAT IS THE RAISING THE MONEY FOR? I KNOW IT'S GONNA BE FOR THE VETERANS, BUT YOU KNOW, I, I THINK IF WE'RE GONNA PARTNER UP, JUST LIKE ANYTHING ELSE, LIKE THE ILA THAT WE WERE CONSTANTLY TALKING ABOUT HAVING WITH THE COUNTY AND BUTTA, WHAT PERCENTAGE IS GONNA BE THE COUNTY? WHAT PERCENTAGE IS GONNA BE KYLE AND BUTTA? I THINK WE HAVE TO BE ABLE TO HAVE ALL THAT DOCUMENTS READY TO GO BEFORE WE CAN SIGN OFF ON ANYTHING. MY OPINION, MAYOR PERAM, I THINK THERE'S SOME CONFUSION HERE. LIKE WE'RE ALREADY PAYING ALL OF THAT. AND SO BY DEEDING IT TO THEM, THAT WOULD ALLOW THEM TO HAVE UTILIZATION OF IT, BE ABLE TO INDEPENDENTLY MANAGEMENT AND THEN IF THEY STOP USING IT FOR WHATEVER REASON, IT REVERTS BACK TO THE CITY. SO BASICALLY IT'S, IT'S STILL ALL OF OURS BECAUSE IT COMES BACK TO US IF THEY STOP USING IT, BUT THEN WE'RE NO LONGER FINANCIALLY RESPONSIBLE FOR IT. BUT WE ALSO SEE WHAT THE NUMBERS ARE, JUST LIKE WE DO EVERY YEAR, RIGHT. WITH ANYTHING THAT WE HAVE, WE WANNA BE ABLE TO SEE HOW MUCH WE'RE PAYING OUT. EXACTLY. IF WE'RE, IF WE'RE PAYING, IF THE CITY IS PAYING THE BILLS FOR THIS BUILDING, BUT AT THAT POINT THEY WOULDN'T BE, THAT WOULD TRANSFER THE FINANCIAL RESPONSIBILITY TO THE VFW. I THINK THAT'S THE QUESTION THAT WE HAVE FOR YOU COUNSEL, [01:55:01] IS DO WE WANNA CONTINUE WITH A LEASE LIKE STRUCTURE WHERE THE CITY COVERS MAJOR REPAIRS, PROPERTY INSURANCE, AND OTHER EXPENSES FOR THE VFW OR DO WE WANNA SWITCH TO A OWNERSHIP MODEL FOR THE VFW? AND IF WE DO, WHAT PUBLIC PURPOSE IS THAT GONNA SERVE? AND WE'RE GONNA REQUIRE AN ORDER FOR THEM TO KEEP IT. WE COULD ALSO SEE WHAT THE APPRAISED VALUE OF THAT AREA IS. WELL INCLUDING THE BUILDING, SEEING WHERE IT'S AT. WE HAVE AN APPRAISAL AND I CAN'T REMEMBER THE EXACT NUMBER OFF THE TOP OF MY HEAD, BUT I CAN MAKE SURE THAT I BRING THAT TO YOU. WE SEE WHAT THE APPRAISAL VALUE IS OF THAT BUILDING AND, AND SEE WHAT THE LAND IS WORTH AND, AND EVERYTHING ELSE. SO IF WE ACTUALLY SOLD IT, WE WOULD HAVE TO AUCTION THAT. AM I CORRECT ON THAT? THERE ARE OTHER WAYS TO GET RID OF PROPERTY UNDER STATE LAW. THIS IS THE ONE THAT ALLOWS US TO TRANSFER IT TO THE VFW AT LESS THAN FAIR MARKET VALUE. ANY OTHER SALE WOULD HAVE TO BE FOR FAIR MARKET VALUE AND EITHER DONE THROUGH AN AUCTION OR THROUGH SOME OTHER LEGALLY PERMISSIBLE STRUCTURE. OKAY. YEAH. OKAY. THAT'S ALL I HAVE. I'M PERFECTLY FINE ALLOWING THEM TO CONTINUE TO USE IT. UH, I I LOVE VFW. I'VE BEEN, YOU KNOW, UM, EVER SINCE JIMMY ERO INVITED ME BACK IN 2019 TO MY FIRST BREAKFAST, I WENT TO, UH, YOU KNOW, I'VE, I'VE HELPED OUT. I'VE VOLUNTEERED, I'VE DONATED MONEY, BUT THIS IS NOT MY BUILDING TO GIVE AWAY. THIS IS THE TAXPAYER'S BUILDING AND IT IS WHOLLY INAPPROPRIATE IN MY OPINION, REGARDLESS OF HOW DESERVING AN ORGANIZATION IS TO JUST HAND OVER KEYS DEED, UM, TO, TO SOMETHING THAT THE TAXPAYERS OWN AND ARE RESPONSIBLE FOR. UH, I THINK THAT WE HAVE A GREAT PARTNERSHIP. I THINK IT WORKS WELL. UM, I I WOULD, IF IF I'M IN THE MINORITY HERE AND WE DECIDE THAT WE STILL WANT TO, YOU KNOW, ALLOW THEM TO HAVE IT, I WOULD DEFINITELY WANT TO SEE FINANCIALS BEFORE WE MAKE THAT DECISION. I KNOW, UH, JUST RECENTLY THERE WAS ROUGHLY A $30,000 HVAC BILL THAT CAME WITH IT. I DON'T KNOW IF THAT HAS BEEN DONE AND THE CITY PAID FOR IT. UM, UNDERSTANDING, IS THAT STILL PENDING? UNDERSTANDING THAT'S A CITY REPAIR. IT'S MY UNDERSTANDING, UM, I MEAN IF, IF THEY ALREADY OWNED IT, WOULD THEY BE COMPLETELY STUCK? LIKE WOULD THEY HAVE THE MONEY TO COVER THAT? WE DON'T KNOW. I DON'T WANNA PUT THEM IN A SCENARIO, IN A SITUATION THAT SETS 'EM UP FOR FAILURE. I THINK THAT WE HAVE A SITUATION RIGHT NOW THAT BENEFITS THEM. THEY HAVE FOR DECADES BEEN GATHERING MONEY TO THE BEST OF MY KNOWLEDGE TO, TO BE ABLE TO PURCHASE A BUILDING OR TO AT LEAST BLESS YOU, MANAGE ONE. UH, AND I, I WOULD, I WOULD LIKE TO SEE WHERE THEY'RE AT BEFORE I HAND OVER AGAINST MY BETTER JUDGMENT A TAXPAYER OWN BUILDING COUNSEL, WOULD YOU LIKE ME TO ATTEMPT TO NEGOTIATE PROPOSED TERMS FOR BOTH OPTIONS AND BRING THEM FORWARD? OR DO YOU JUST WANNA HAVE THIS KIND OF SAME CONVERSATION BUT WITH MORE INFORMATION? I WOULD LIKE TO SEE BOTH OPTIONS. UM, I WOULD ALSO LIKE TO TRY TO GET SOMEBODY FROM STATE IN TO ANSWER SOME OF THESE LARGER QUESTIONS BECAUSE THEY WERE VERY INFORMATIVE WHEN THE MAYOR AND I WERE SPEAKING WITH THEM ABOUT THE DIFFERENT PROGRAMS THAT THEY HAVE TO BRIDGE THE GAP WHEN THERE MIGHT BE FUNDING CONCERNS FOR GENERAL MAINTENANCE. UM, AND THEN JUST THE PROGRAMS THAT THEY HAVE THAT WOULD ALLOW THEM TO MAKE MAJOR IMPROVEMENTS IN THAT PROPERTY. AND YOU KNOW, I KIND OF LOOK AT IT LIKE INSTEAD OF JUST HANDING IT OVER TO THEM, THAT'S SOMETHING THAT COMES BACK IF THEY STOP USING IT TO MEET THE NEEDS OF THE COMMUNITY. AND SO IF THEY MAKE IMPROVEMENTS THEN THE CITY WOULD OWN THOSE IMPROVEMENTS THEN. SO IT'S NOT LIKE IT'S JUST HERE, IT'S YOURS FOREVER. THEY HAVE TO BE SERVING A COMMUNITY PURPOSE. I YOU SURE? OKAY. WE'RE GOOD NOW I CAN HEAR IT. OKAY. UM, SO THEY'VE JUST MADE A LOT OF IMPROVEMENTS IN THEIR COMMUNITY PROGRAMMING. SO IT'S NOT JUST WHAT THEY'RE DOING TO BENEFIT THE VETERANS, IT'S HOW THE ENTIRE COMMUNITY IS BENEFITING. I KNOW ONE OF THE THINGS THAT THEY WERE WANTING TO DO WAS ALSO CREATE A WARMING SHELTER WITH THE IMPROVEMENTS THAT THEY WERE DOING. SO I WOULD TRULY LIKE TO SEE BOTH OPTIONS. OKAY. WE CAN BRING BACK OPTIONS THAT LIST, YOU KNOW, THINGS ALONG THOSE LINES OF WHAT THEIR CURRENT PROGRAMMING IS AS A REQUIREMENT FOR MAINTAINING THE PROPERTY AND SEE WHERE COUNCIL LANDS ON WHAT THEY THINK IS NECESSARY IN ORDER TO MEET THE PUBLIC PURPOSE. OKAY. AND I KNOW I DID PROVIDE THEM THE INFORMATION AND RECORDS AS FOR REGARDS SEEING OR REGARDING WHAT WE'VE SPENT PER YEAR FOR THE LAST, I THINK FOUR OR FIVE YEARS IN MAINTENANCE, INSURANCE, ET CETERA ON THE PROPERTY. OKAY. SO DO YOU HAVE DIRECTION? YES. THANK YOU. ARE YOU GOOD? SO WE WANNA DO A MOTION TO TABLE? YEAH, CAN, I'D LIKE TO DO A MOTION TO TABLE AGENDA ITEM NUMBER 24 SECOND. I GOT A SECOND BY COUNCIL MEMBER HARRIS. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? MOTION PASSES. SEVEN ZERO. THANK YOU. ALL RIGHT. UP NEXT WE HAVE, I WANNA MAKE SURE I DO THIS RIGHT. OKAY. AGENDA ITEM [17) Consider approval or denial of a Resolution regarding an appeal of the Sign Control Board’s decision to deny an exception to the prohibition on LED displays and LED signs (Section 29-17(b)(6)) and the limitation of LED signs to certain properties (Section 29-16(l)), to allow replacement of an existing static pylon sign with an LED message board sign on property located at 18300 IH-35, Kyle, Texas 78640. (VR-26-0018) The Sign Control Board voted 4 to 0 to deny the request on August 24, 2026. ] 17. CONSIDER APPROVAL OR DENIAL OF A RESOLUTION REGARDING APPEAL OF THE SIGN CONTROL BOARD'S DECISION TO [02:00:01] NOT, TO NOT DENY AN EXCEPTION TO THE PROHIBITION OF AN LED LIGHTS DISPLAY AND LED SIGNS. UH, AND THE LIMITATION OF LED SIGNS TO CERTAIN PROPERTIES TO ALLOW REPLACEMENT OF AN EXISTING STATIC PYLON SIGN WITH AN LED MESSAGE BOARD. SIGN ON PROPERTY LOCATED NEAR I, UH, 1 8 3 0 0 IH 35, KYLE, TEXAS. UM, THE SIGN CONTROL BOARD VOTED FOR TWO ZERO TO DENY THE REQUEST ON AUGUST 24TH. ITEM PRESENTER, KAYLA SHARP. ALL RIGHT. GOOD EVENING, MAYOR, MAYOR PROTE AND COUNSEL. UM, TONIGHT WE HAVE AN APPEAL OF THE SIGN CONTROL BOARD'S DECISION TO DENY AN EXCEPTION REQUEST. UH, THE APPLICANT HAS REQUESTED EXCEPTIONS FROM 20 FROM SECTIONS 29 17 B SIX AND 29 16 L TO ALLOW AN LED MESSAGE BOARD SIGN TO BE INSTALLED ON THEIR PROPERTY LOCATED AT 18 300 IH 35. THE LED MESSAGE BOARD WOULD REPLACE THE EXISTING PYLON SIGN FACE ON THE PROPERTY. UM, THE SIGN CONTROL BOARD CONSIDERED THE REQUEST ON AUGUST 24TH AND THE SIGN CONTROL BOARD DETERMINED THAT THERE WAS INSUFFICIENT EVIDENCE TO SUPPORT APPROVAL OF THE REQUESTED EXCEPTIONS AND DENIED THE REQUEST PURSUANT TO SECTION 29 29 K. THE APPLICANT IS APPEALING THE BOARD'S DECISION TO THE CITY COUNCIL AND IS REQUESTING THAT THE EXCEPTION BE GRANTED. SO FOR REFERENCE, YOU HAVE AN EXISTING PYLON SIGN ON THE PROPERTY. UM, IT IS THE FORMER KYLE CHAPMAN MOTORS. IT IS NOW, UM, THIRD COAST AUTO. UM, AND THEN THERE IS ALSO AN EXISTING DIGITAL BILLBOARD ON THE SAME PROPERTY. HERE IS THE VIEW OF THE PROPERTY GOING SOUTHBOUND ON I 35. I KNOW IT ZOOMED OUT A LITTLE BIT. UM, BUT YOU CAN SEE THE EXISTING PYLON SIGN AND DIGITAL BILLBOARD ON THE PROPERTY FROM SOUTHBOUND I 35, ALSO THE NORTHBOUND I 35 VIEW. AND THEN THE VIEW FROM SOUTH LOOP FOUR. AND AGAIN, THE, UM, DIGITAL BILLBOARD ON THE PROPERTY IS ABOUT 120 FEET AWAY FROM THE EXISTING PYLON SIGN. SO THE PROPOSED SIGN THAT THEY'RE WANTING TO INSTALL IS AN LED MESSAGE BOARD WITH A CHANGEABLE DISPLAY. UM, THEY'RE ALSO PROPOSING TO WRAP THE COLUMN OF THE PYLON SIGN WITH MASONRY TO MEET CURRENT CODE. UM, SO WHAT YOU'RE SEEING HERE, THEY WOULD BE ABLE TO CHANGE THE MESSAGE ON THAT SIGN. IT WOULDN'T JUST ALWAYS SAY THIRD COAST AUTO. SO SECTION 29 17 B SIX SAYS NO LED DISPLAYS OR LED SIGNS ARE PERMITTED UNDER THE SECTION UNLESS THE SIGN MEETS THE CRITERIA OUTLINED IN SUBSECTION 29 16. L 29 16. L THEN SAYS THAT LED DISPLAYS SIGNS OR MESSAGE BOARDS MAY ONLY BE PERMITTED UNDER THE SECTION IF THE FOLLOWING CRITERIA ARE MET. UM, AND ESSENTIALLY THEY MUST BE LOCATED AT ELEMENTARY, MIDDLE, OR HIGH SCHOOL CAMPUSES OR PLACES OF WORSHIP OR NONPROFIT ORGANIZATIONS. UM, AND THEN IT PROVIDES REQUIREMENTS FOR HOW LARGE THEY CAN BE, MINIMUM DISPLAY TIME, THINGS LIKE THAT. SECTION 29 29 H IS THE CRITERIA THAT THE SIGN CONTROL BOARD MUST CONSIDER WHEN REVIEWING THESE REQUESTS. UM, SO THE REQUIREMENT, UM, THE CODE REQUIREMENT, UH, DOES NOT ALLOW FOR REASONABLE USE OF THE PROPERTY. THE HARDSHIP FOR WHICH THE EXCEPTION IS REQUESTED IS OWING TO A SPECIAL CONDITION INHERENT TO THE PROPERTY ITSELF. UH, SPECIAL CONDITION IS UNIQUE TO THE PROPERTY, NOT GENERALLY CHARACTERISTIC OF OTHER PARCEL PARCELS OF LAND IN THE AREA. UM, MUST NOT ALTER THE CHARACTER OF THE AREA ADJACENT TO THE PROPERTY OR IMPAIR THE USE OF ADJACENT PROPERTY. OR IMPAIR THE PURPOSES OF THE REGULATION OF THE SIGN ORDINANCE. UM, ALSO AN EXCEPTION MAY NOT BE GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP, NOR FOR FINANCIAL REASONS ALONE. AND THEN THE APPLICANT BEARS THE BURDEN OF PROOF IN ESTABLISHING THE FACTS. JUSTIFYING THE EXCEPTION, I'M HITTING OUT WITH A LOT OF CODE REQUIREMENTS TONIGHT. UM, SECTION 29 29 K SAYS THAT THE APPLICANT CAN APPEAL THE SIGN CONTROL BOARD'S DECISION TO THE CITY COUNCIL, UM, WITHIN 10 DAYS OF THE BOARD'S DECISION. UM, IF AN APPEAL IS REQUESTED, IT IS THEN CONSIDERED BY THE CITY COUNCIL AND THAT IS WHAT BRINGS US HERE TONIGHT. UM, THE APPLICANT'S RATIONALE FOR REQUESTING THIS EXCEPTION, UM, IS THAT THEY HAVE BEEN IMPACTED BY ECONOMIC CHALLENGES AND CLOSURE OF BUSINESSES IN THE SURROUNDING AREAS. UM, THEY ARE CLAIMING THAT THEY HAVE LIMITED VISIBILITY AND SITE RECOGNITION AND THAT THAT POSES A LONG-TERM THREAT TO SUSTAINABILITY OF THE BUSINESS. UM, AND THEY BELIEVE THAT THE LED MESSAGE [02:05:01] BOARD WILL ENHANCE VISIBILITY STAFF'S ANALYSIS. UM, LED MESSAGE BOARDS ARE NOT PERMITTED PER ALL THE CODE SECTIONS. I JUST, UM, WENT OVER WITH YOU. UM, IT'S NOT A MONUMENT SIGN LOCATED ON A SCHOOL CAMPUS PLACE OF WORSHIP OR A NONPROFIT ORGANIZATION. UM, SO IT DOES NOT MEET THE CURRENT SIGN ORDINANCE REQUIREMENTS. THEY HAVE ALSO NOT MET THE CRITERIA FOR AN EXCEPTION TO BE GRANTED. UM, THE PROPERTY HAS SIGNIFICANT VISIBILITY FROM I 35 AND SOUTH LOOP FOUR. UM, THE REGULATIONS DO NOT PREVENT REASONABLE USE OF THE PROPERTY, AND THERE'S NO SPECIAL CONDITION INHERENT TO THE PROPERTY ITSELF THAT HAS BEEN DEMONSTRATED TO CREATE A HARDSHIP. UM, AND NO UNIQUE PROPERTY CONDITION HAS BEEN IDENTIFIED THAT DISTINGUISHES THIS SITE FROM OTHER PROPERTIES IN THE AREA. ADDITIONALLY, THE APPLICANT HAS CITED ECONOMIC CHALLENGES AND LIMITATIONS ON VISIBILITY. UM, AGAIN, THE PROPERTY HAS FAIRLY SUBSTANTIAL VISIBILITY. UM, THERE'S ALSO THE PRIVATELY OWNED DIGITAL BILLBOARD ON THE PROPERTY, AND THE CODE DOES NOT ALLOW EXCEPTIONS TO RELIEVE PERSONAL OR SELF-CREATED HARDSHIPS OR FOR FINANCIAL REASONS ALONE. THE SIGN CONTROL BOARD FOUND THAT THE APPLICANT DID NOT PROVIDE SUFFICIENT EVIDENCE TO SUPPORT THE REQUESTED SECTIONS IN ACCORDANCE WITH SECTION 29 29 H. AND BECAUSE THE APPLICANT DID NOT MEET ALL OF THE CRITERIA LISTED, THE SIGN CONTROL BOARD DENIED THE APPLICANT'S REQUEST. THE OPTIONS FOR YOU TONIGHT ARE TO APPROVE THE RESOLUTION AS PRESENTED TO ALLOW INSTALLATION OF THE LED MESSAGE BOARD, APPROVE THE RESOLUTION WITH MODIFICATIONS TO ALLOW THE INSTALLATION OF THE LED MESSAGE BOARD UNDER CERTAIN CONDITIONS, OR TO DENY THE RESOLUTION TO PROHIBIT THE INSTALLATION OF THE LED MESSAGE BOARD. STAFF'S RECOMMENDATION TONIGHT IS OPTION THREE, DENIAL OF THE REQUESTED EXCEPTION TO PROHIBIT THE INSTALLATION OF THE LED MESSAGE BOARD. UM, BECAUSE THE CODE SPECIFICALLY PROVIDES THAT AN EXCEPTION MAY NOT BE GRANTED TO RELIEVE A SELF-CREATED OR PERSONAL HARDSHIP OR FOR FINANCIAL REASONS ALONE. AND THE APPLICANT HAS NOT DEMONSTRATED THAT A HARDSHIP WARRANTING SECTION AN EXCEPTION EXISTS. IS THE APPLICANT HERE? YES, THEY ARE. DO WE WANNA GIVE 'EM AN OPPORTUNITY TO STATE THEIR CASE? ABSOLUTELY. AND I, AND I'LL TELL YOU, WE HAVE THESE STANDARDS FOR A REASON. IF I'M EXPECTED TO LOWER MY STANDARDS, I NEED A REALLY DARN GOOD REASON. OH MAN. , YOU'LL JUST MAKE SURE YOU SHARE YOUR NAME. OKAY? YES. I'M ROXANNE WITH INDUSTRY SCIENCE AND I AM HERE ON BEHALF OF THIRD COAST. UM, I WOULD LIKE TO THANK YOU FOR THIS EVENING. UM, SO YES, THIRD COAST HAS BEEN ONE OF OUR VALUE VALUED CLIENTS FOR OVER 20 YEARS. UH, WE RESPECTFULLY ASK THAT YOU RECONSIDER THE DINA DENIAL AND APPROVED AT THIS REQUEST. WE UNDERSTAND AND WE RESPECT THE CITY'S SIGN REGULATIONS AND WE ARE NOT ASKING TO ADD A NEW FREE STANDING SIGN. WE ARE JUST WANTING TO RE RETROFIT. WHAT IS THEIR EXISTING, WE ARE GOING TO USE THE EXISTING MEASUREMENTS. WE ARE NOT MAKING IT LARGER OR SMALLER. THEY DO NOT OWN THE DIGITAL BOARD THAT IS ALREADY THERE. SO THEY DO NOT OWN THAT. IT IS ON THEIR LOT, BUT IT DOES NOT, THEY DO NOT OWN THAT. THEY DID OWN THAT AND THEY SOLD IT TO 'EM. WE DON'T OWN IT. WE DON'T OWN IT NOW. BUT I WAS ON COUNCIL FOR THE NEW OWNER. WE DON'T, WE NEVER OWNED IT. OKAY, WELL WHEN, WHEN, OKAY. WHEN IT WAS YOUR PRIOR OWNER. PRIOR OWNER DID OWN IT. . WELL, I DON'T KNOW ABOUT ALL THAT. OH, WELL I WAS ON COUNCIL FOR THAT SO WE CAN DISCUSS THAT LATER. SO WE ARE ASKING TO RETROFIT WHAT IS THEIR EXISTING, WE WANNA MODERNIZE THE SIGN. UM, I DO KNOW THAT YOU'RE GOING 70 MILES AN HOUR. YOU DON'T SEE IT. THAT BOARD DOES KIND OF TAKE AWAY THAT TITLE AND SIGN THAT WHAT'S ALREADY THERE. WE WILL COMPLY WITH THE CODE WHERE THEY'RE REQUESTING. RIGHT NOW THERE'S NOT A PULL COVER WHERE IT'S MASONRY. WE WILL COMPLY WITH THE MASONRY TO MAKE IT LOOK MORE MODERNIZED. 'CAUSE I DO SEE THE OTHER MONUMENTS AND PYLON SIGNS DO HAVE IT. UM, SO LIKE I SAID, THERE IS A 250 ROADWAY, UH, FROM MY AGE 35. UM, AND WE ARE JUST TRYING TO INCREASE VISIBILITY SO THAT THEY CAN STAY IN BUSINESS. THEY'VE INVESTED A LOT OF MONEY AND THEY JUST WANNA SEE WHAT ARE THEIR OPTIONS TO TRY TO GET MORE BUSINESS IN THEIR AREA. DO YOU HAVE ANYTHING YOU WANNA SAY, GEORGE? NO, NO. THANK YOU. YEAH, I HAVE CHRIS HERE. HE IS, UH, PARTNERED WITH, UH, THIRD COAST. SO HE DOES, UH, HE'S DONE BUSINESS HERE IN KYLE THING FOR 15 PLUS [02:10:01] YEARS. THEY DO HAVE, YOU KNOW, LIKE I SAID, WE'VE BEEN IN BUSINESS WITH THEM FOR A COUPLE OF YEARS. SO IT JUST, AND UM, UM, MAYOR, I, I APPRECIATE WHAT YOU'RE SAYING. I I WISH THAT I STILL, WE OWNED THAT SIGN. WE WOULDN'T BE HERE TALKING ABOUT THIS , IF THAT WAS CASE. RIGHT? I JUST, I HEAR YOU. WHAT THAT TELLS ME IS YOU PURCHASED IT WITH IT LIKE THAT AND, AND THE PREVIOUS OWNER CONDUCTED BUSINESS. 'CAUSE HE SOLD THAT LITTLE PLOT OF LAND TO, TO THE, TO THE BILLBOARD. UM, AND SO MY QUESTION TO YOU WOULD BE, WHEN DID YOU PURCHASE THAT? WHEN DID I MM-HMM . WE PURCHASED THE PROPERTY MM-HMM . UH, ABOUT 10, 10 TO 11 MONTHS LESS THAN A YEAR. AND WILL YOU BE SELLING SPOTS ON YOUR BILLBOARD? NO, MA'AM. ZERO. I HAVE SOME QUESTIONS. GO AHEAD. MAYBE JUST SO I CAN GET SOME CLARIFICATION. UM, SO JUST FROM MY UNDERSTANDING, UH, KYLE CHAPMAN WERE THE FORMER OWNERS. YOU ALL HAVE SINCE PURCHASED IT AND HAVE NOT BEEN ABLE TO UPDATE THAT SIGNAGE THAT REFLECTS THE CURRENT APPROPRIATE NAME OF THE CURRENT BUSINESS. IS THAT CORRECT? THAT IS CORRECT, YES, THAT IS CORRECT. OKAY. ONE, I AM A FIRM SUPPORTER OF SMALL BUSINESSES. I DON'T BELIEVE WE SHOULD BE PUTTING UP ANY MORE RED TAPE. UM, I PREFER OPTION TWO TO ALLOW EXCEPTIONS SUCH AS THIS BECAUSE THE FACT THAT THIS, UH, BUSINESS IS NOT EVEN ALLOWED TO PUT UP A SIGN THAT, UH, DISPLAYS ITS ACTUAL CURRENT PROPER NAME, UM, I FEEL IS VERY UNFAIR. UM, I THINK THEY SHOULD BE ABLE TO DO THAT. AND THEN IN SOME, JUST VERY QUICK GOOGLING, IT ALSO SEEMS THAT IT IS ALSO THE MOST LIKE ECONOMICALLY BENEFICIAL, UH, BECAUSE IF YOU WERE TO HAVE A STATIC SIGN AND CONTINUOUSLY HAVE TO REPLACE THAT, WHICH I'M ASSUMING WITH AN AUTO DEALERSHIP THAT YOU WERE WANTING TO PUT, ANYTIME YOU HAVE SALES GOING ON SPECIALS THAT ARE HAPPENING END OF YEAR SALES, UM, YOU WANT TO BE ABLE TO MAKE SURE THAT THE SIGN REFLECTS THAT. UM, AND IT IS MUCH CHEAPER FOR BUSINESS TO BE ABLE TO HAVE THAT MESSAGE DISPLAY BOARD, UH, VERSUS HAVING TO PRINT OUT AND ORDER IN A STATIC SIGN EVERY SINGLE TIME. UM, I THINK, IN MY OPINION, I I, IF IT'S MEETING ALL OTHER REQUIREMENTS IN TERMS OF NOT MAKING THE SIGN ANY LARGER, UM, AND IT'S INCLUDING THE MASONRY AND THE, UH, LIKE I SAID IN THE CURRENT SIGN, JUST DOESN'T EVEN REFLECT WHAT THE CURRENT BUSINESS IS. I JUST THINK IT, IT MAKES SENSE TO TRY AND APPROVE THIS AND THEN HAVE SOME RESOLUTION BROUGHT FORWARD AT A DIFFERENT TIME. LIKE OPTION NUMBER TWO STATES, UH, THAT ALLOWS FOR EXCEPTIONS SUCH AS THIS CIRCUMSTANCE COUNCIL MEMBER HARRIS, WOULD YOU CLARIFY THAT FOR US? I THINK THAT THEY ACTUALLY HAVE THE ABILITY TO PUT THEIR NAME ON THAT SIGN. WE'RE JUST SAYING THAT THE, THE SIGN BOARD SAID THEY CAN'T DO A DIGITAL SIGN THERE. YES. TO CLARIFY, THEY COULD PUT UP, UH, THEY COULD REFACE THAT WITH A STATIC PANEL AT ANY TIME. I BELIEVE THEY HAVE ACTUALLY ALREADY COVERED IT WITH, UM, I DON'T KNOW, A BANNER THAT HAS THE BUSINESS NAME ON THERE ALREADY. UM, THIS CODE SECTION JUST SAYS THAT THEY CAN'T HAVE AN LED MESSAGE BOARD. THERE ARE ALTERNATIVES IN THE CODE FOR TEMPORARY SIGNAGE TO PROMOTE SALES AND THINGS LIKE THAT, THAT ARE NOT AN LED MESSAGE BOARD. SO THERE ARE ALLOWANCES FOR DIFFERENT TYPES OF ADVERTISING AND DISPLAYS, UM, THAT ARE NOT THIS LED MESSAGE BOARD. YEAH. SO THAT'S A LITTLE BIT OF A DIFFERENT STORY THAN I THINK 'CAUSE I, I WAS AGREEING WITH COUNCIL MEMBER SPOTA, I WAS LIKE, THEY CAN'T UPDATE THEIR NAME, BUT, UM, I WILL SAY OUR CITY HAS THIS ORDINANCE AND THE ORDINANCE IS NOT EVEN UP TO DATE. I'VE BEEN ASKING TO, TO UPDATE THAT SINCE 20 20, 23, 20 22. UM, BUT THERE'S A REASON WHY WE HAVE THIS ORDINANCE AND THAT'S SUCH TO PROTECT OUR FEEDER ROAD 30 FIVES FROM BECOMING, LOOKING LIKE LAS VEGAS ULTIMATELY IS WHAT THE GOAL IS. AND SO, UM, AGAIN, THE OPPORTUNITY TO UPDATE IS THERE, BUT THE DIFFERENCE IS MAKING IT A DIGITAL LED VERSUS WHAT IT CURRENTLY IS NOW. AND SO DO, CAN WE GET SOME FEEDBACK ON WHAT THE, UH, THE BOARD OF OF APPEALS SAID SIGNED BOARD? UM, ULTIMATELY FOR THEM IT CAME BACK TO THEY DIDN'T MEET ALL OF THE CRITERIA LISTED. UM, AND IT, IT, THE SIGNED TYPE IS NOT PERMITTED [02:15:01] BY THE CODE. LET ME GET BACK TO, UM, SO BASICALLY WHEN THE SIGN CONTROL BOARD IS REVIEWING THESE, THEY HAVE TO MEET EVERY SINGLE ONE OF THESE CRITERIA LISTED. IT'S NOT, THEY MEET ONE OR TWO, SO WE'RE GOING TO APPROVE IT. THEY HAVE TO MEET EVERY SINGLE ONE THAT WAS STAFF'S FINDING AS WELL. AND THE SIGN CONTROL BOARD AGREED. SO, YEAH. AND HERE'S MY CONCERN IS IF WE DO THIS NOW AND THEN SOMEBODY ELSE COMES ALONG AND THEY WANT IT, THEN WE DO IT THEN, AND THEN, AND THEN IT'S LIKE AT SOME POINT WE NEED TO CHANGE OUR ORDINANCE IF WE WANT TO ALLOW BILLBOARDS UP AND DOWN OUR CITY. SO I KNOW THE, THE POINT OF THIS ORDINANCE WAS TO PROTECT IT. UM, AND NOW THERE ARE LAUNDRY LISTS THAT NEED TO BE, AND LOOK, IF THERE WAS TWO OUTTA THREE OR THREE OUT OF FOUR, UM, THAT THEY QUALIFIED FOR THAT, THAT MAKES SENSE. BUT SEEING AS THEY DON'T QUALIFY AT ALL, I'M QUESTION ABOUT WHAT KIND OF PRECEDENT THIS WILL SEND. CAN WE HAVE MORE INFORMATION ABOUT WHAT STANDARDS IT IS THAT THEY DO MEET? IN THE EXCEPTION, BECAUSE IF I JUST HEARD CORRECTLY, IT'S THAT IN ORDER FOR THEM TO BE AN EXCEPTION TO THIS, THEY HAVE TO MEET EVERY SINGLE ONE OF THEM. SO POTENTIALLY THAT MEANS THEY COULD MEET TWO OR THREE OR FOUR, BUT IT'S STILL NOT ENOUGH BECAUSE THEY HAVE TO MEET EVERY SINGLE ONE OF THEM. SO CAN WE HAVE SOME CLARIFICATION AROUND THAT? YEAH, THEY SAID THAT THEY DIDN'T MEET ANY, MAY I ASK? YES. THAT WAS STAFF'S FINDING AND THE SIGN CONTROL BOARD'S FINDING AS WELL THAT THEY DID NOT MEET ANY OF THE CRITERIA LISTED. CAN I HEAR FROM THE, UH, PROPERTY OWNERS? YES. I WOULD LIKE TO HEAR MY NAME'S GEORGE. I'M THE OWNER OF INDUSTRY SCIENCE AND I'M JUST KIND OF CURIOUS WHETHER WHY THERE'S SO MUCH RED TAB WITH RED TAPE WITH SMALL BUSINESSES THAT ARE TRYING TO SURVIVE. BUT THE GUY BEHIND US, BILLBOARD COMPANY IS ALLOWED TO PUT A 14 BY 48, YOU KNOW, OVERPOWERING US, UH, OUR SIGN AND WE'RE JUST TRYING TO SURVIVE THE BUSINESS, HOW EVERY BUSINESS ONE AT A TIME. BUT I JUST FEEL LIKE THEY PUT SO MANY HARDSHIPS TO PRETTY MUCH, IT'S IMPOSSIBLE TO GET SOMETHING AROUND HERE. I UNDERSTAND WE'RE IN THE MIDDLE OF THE CITY OR SOMETHING, BUT I MEAN, EVERYBODY PAYS PRIME, PRIME REAL ESTATE TO BE ON THE HIGHWAY. NOW. YOU GOT A BIG GUY THAT COMES RIGHT BEHIND YOU AND NOW YOU GOT A SMALL SIGN THAT, YOU KNOW, WE'RE JUST TRYING TO ADVERTISE THE VEHICLES. THEY HAVE ANOTHER LOCATION DOWN THE STREET IN AUSTIN, WHICH IS DOING GREAT. WE DID A BILLBOARD FOR THEM THERE. IT'S NOT EVEN A BILLBOARD, IT'S JUST A SIGN. AN LED BOARD THERE, A BILLBOARD WOULD BE AN ACTUAL 14 BY 48. YOU KNOW, HE'S JUST TRYING TO SAVE THE BUSINESS. AND YOU HAVE THIS BIG BILLBOARD RIGHT BEHIND YOU WHERE, YOU KNOW, WE PUT A VEHICLE PICTURE OF A TRUCK, YOU KNOW, 19,500, YOU KNOW, WITH ALL THE TRAFFIC THAT'S GOING THROUGH THERE. SOMEONE LIKE, HEY, YOU KNOW WHAT, LET ME PULL OVER AND TAKE A LOOK AT IT. MAY I ADD IT'S, WE DO COMPLY WITH THE SLIDESHOWS. SO THEY DO STAY ON 10 SECONDS PER SLIDE. SO IT'S NOT SOMETHING THAT'S FLASHING WHEN COMMUTE PEOPLE ARE DRIVING ON 35. IT'S NOT FLASHING, IT'S NOT CRAZY ANIMATION STUFF THAT'S BEING FLASHED AT YOU WHEN YOU'RE DRIVING. SO THESE, BUT IF YOU'RE STILL GONNA HAVE THE BILLBOARD BEHIND YOU, WILL THE LED REALLY MAKE A DIFFERENCE? AND MY CONCERN IS THIS IS THE WAY THEY PURCHASED IT. I, I AGREE. AND THE PREVIOUS GUY DIDN'T HAVE YOU ASKED ME, THE FIRST QUESTION YOU ASKED ME IS WAS WE'RE GONNA SELL ANY SPOTS ON THERE? NO, I'M GONNA HAVE TWO MESSAGES. ONE IS I'M INTERESTED IN PURCHASING YOUR CAR. AND WE'RE THIRD COAST AUTO GROUP AND HAS A PICTURE OF A CAR. IF YOU LOOK AT OUR SIGN THAT'S BEEN ON I 35, IT'S THE SAME MESSAGE IT'S BEEN FOR THE LAST EIGHT YEARS. IT WORKS VERY WELL. EVERYBODY IN THE COMMUNITY ENJOYS IT AND COMES BY AND IT WORKS REALLY WELL FOR US. AND AGAIN, IT'S JUST THAT SIGN. I AND I, I'M NOT SURE ABOUT THE DIFFERENT, UH, THINGS FOR THE EXCEPTIONS ARE, ARE CONCERNED, BUT THAT BIG SIGN TAKES AWAY COMPLETELY FROM THAT. AND YOU'RE RIGHT, WE DID KNOW WHEN WE HAD THAT, BUT DIDN'T REALLY KNOW WHAT THE IMPACT OF THAT WAS. BUT WE DID KNOW WHAT WORKS FOR US IN AUSTIN. AND I APPRECIATE Y'ALL, Y'ALL, YOU GUYS HAVE A TOUGH DECISION TO DO UP HERE. I MEAN, I I, I HAVEN'T BEEN TO A CITY COUNCIL MEETING BEFORE, BUT YOU GUYS HAVE TOUGH DECISIONS AND I JUST WANTED TO COME HERE, SPEAK OUR MIND. WE LOVE, WE LOVE BEING A PART OF THIS COMMUNITY AND, UM, HAVING OUR BUSINESS HERE AND EMPLOYING PEOPLE AND PROVIDING VEHICLES TO, UH, OUR PEOPLE. THAT'S, THAT'S IT. AND I, I WILL TELL YOU, I I WAS A FINANCE DIRECTOR OF A CAR DEALERSHIP IN OUR I 35 CORRIDOR. YES, SIR. AND I KNOW WHAT A KIND OF A PAIN IT IS TO TRY AND FOLLOW THOSE GUIDELINES. YES, SIR. AND HAD THE EXACT SAME SITUATION BECAUSE, UH, WHILE I WAS THERE, THEY PUT IN A DIGITAL BILLBOARD RIGHT. BY MY STORE. YES SIR. AND SO I, I CAN SYMPATHIZE 110% WITH WHERE YOU'RE AT. YES, SIR. UM, [02:20:02] I, I DON'T KNOW THAT THE DIGITAL SIGN'S ACTUALLY GOING TO HELP YOU AS MUCH AS YOU THINK IT IS. I I THINK IT'S STILL GONNA WASH OUT. HAVE PROOF OF THE OTHER ONE. YEAH. I THINK IT'S STILL GONNA WASH OUT WITH THE BIG ONE RIGHT NEXT TO IT. YEAH. RIGHT BEHIND IT. UM, I GET YOU. AND, AND I DO APPRECIATE YOU SAYING THAT YOU'RE NOT GONNA BE ADVERTISING VEHICLES. 'CAUSE IN THE BACK OF MY MIND, THERE'S NO WAY YOU CAN PUT A COMPLIANCE ADVERTISEMENT ON THAT SPACE. , REALLY, IT'S ABOUT PURCHASING VEHICLES AND LETTING PEOPLE KNOW THAT I BUY CARS MM-HMM . AND IT WORKS REALLY WELL. AND THE PEOPLE OF THIS COMMUNITY WILL BENEFIT FROM THAT BECAUSE WE DO DO A LOT OF THAT. A LOT OF OUR BUSINESS COMES FROM BUYING FROM INDIVIDUALS. MM-HMM . AND THAT'S, THAT'S THE MAIN MESSAGE AND THAT WE'RE THERE WELL THEN ACQUIRING AN INVENTORY. I YES SIR. I CAN APPRECIATE WHAT YOU GO THROUGH FOR THAT. THANK YOU. I'VE BEEN THERE. YES, SIR. AND I THINK IT LOOKS BETTER FOR THE, FOR THE CITY WHEN YOU HAVE ALL THESE FLAGS AND, AND BANNERS HANGING OUT EVERYWHERE. DIFFERENT ADVERTISEMENT FOR OWNER FINANCING HERE, WE BUY YOUR CAR HERE. I MEAN, WE CAN PUT EACH STATIC SIGN FOR FIVE MINUTES IF YOU GUYS WOULD LIKE, YOU KNOW YEAH. BE UP TO, OPEN TO LIMITATIONS, LIMITATIONS FROM YOU GUYS. YOU KNOW, WE GOTTA CHANGE IT ONCE AN HOUR, EVERY HOUR INSTEAD OF HAVING ALL THESE BANNERS AND FLAGS ON, ON THE HIGHWAY THERE, YOU KNOW, WHERE IT LOOKS KIND OF TRASHY, BUT I DON'T KNOW. BUT I'M JUST SAYING I AGREE NICER TO HELP OUT THE LOCAL BUSINESSES, YOU KNOW, I AGREE. ADVERTISE A STUDY IN THAT. I THINK COUNCIL MEMBER SAPA IS TRYING TO SPEAK. SORRY. YEAH, SORRY, I DIDN'T MEAN TO CUT YOU OFF THERE. I KNOW THAT THERE'S A LITTLE BIT OF A LAG TOO, BECAUSE I'M, I'M COMING IN VIRTUALLY. UH, BUT I DO WANNA SAY THAT, UH, I AGREE IN THAT I BELIEVE THERE'S A WAY THAT WE CAN AMEND THIS ORDINANCE THAT STILL MAINTAINS, UH, THE ABILITY FOR US TO, UH, HAVE SOME STANDARDS AROUND THE LED SIGNS TO PREVENT THE CITY FROM LOOKING LIKE VEGAS OR FLASHY OR TOO BRIGHT. UM, IN THAT SENSE, I THINK THERE ARE WAYS FOR US TO GO ABOUT THAT REGARDING, UH, HOW MAYBE HOW BRIGHT IT CAN BE SIZES OF LED SIGNS THAT ARE ALLOWED. UH, AND I DEFINITELY THINK THOSE ARE THINGS THAT WE SHOULD BE THINKING ABOUT ANYWAYS, I THINK OUR, UH, OUR DEVELOPMENT CODE AND OUR CODE IN GENERAL NEEDS TO BE UPDATED AND LOOKED AT. AND SO I THINK THIS IS ONE AREA WHERE THAT'S POSSIBLE. AND I, I SAID I REALLY DO ALSO WANT TO MAKE SURE THAT WE ARE SUPPORTING SMALL BUSINESSES HERE. AND IT IS ALSO JUST VERY WELL KNOWN THAT IN THE TIMES THAT WE ARE LIVING IN, I DON'T THINK THAT, UH, THE STATIC BOARDS THAT WE HAVE OF, YOU KNOW, THE, THE NINETIES ARE A WAY FOR BUSINESSES TO, UH, REMAIN, UH, ECONOMICALLY COMPETITIVE, UH, WITH LARGER CORPORATIONS. UH, SO I DO WANNA MAKE SURE THAT AS WE'RE THINKING ABOUT THIS, WE'RE THINKING ABOUT THE HAPPY MEDIUM THAT WE COULD COME BETWEEN THAT STILL PRESERVES WHAT IT IS THAT WE ARE TRYING TO ACHIEVE WITH THIS CODE, WHILE ALLOWING FOR SMALL BUSINESSES, NOT JUST NOW, BUT ALSO IN THE FUTURE, TO BE ABLE TO REMAIN COMPETITIVE. COUNCIL MEMBER HARRIS, OUR LIGHTING ORDINANCES ARE ALL DARK SKY COMPLIANT. WE HAD AN ISSUE, UM, LAST YEAR OR THE YEAR BEFORE LAST SINCE I'VE BEEN ON COUNCIL WITH SOMEBODY ON LONG THE I 35 CORRIDOR WANTING TO BRING A DIGITAL SIGN. UM, WE DID NOT APPROVE THAT. WE DID A STUDY ON HOW MANY SIGNS ARE ALREADY IN THIS CORRIDOR, HOW MANY DIGITAL SIGNS WE ALREADY HAVE IN THIS CORRIDOR. WE HAVE NOT APPROVED SINCE I'VE BEEN ON COUNCIL A SINGLE DIGITAL SIGN. UM, WE HAVE, UH, LOOKED AT UPDATING OUR, OUR DARK, OUR LIGHTING ORDINANCES AND REALIZE THAT THEY ARE JUST PRETTY WELL DARK SKY COMPLIANT. WE MAY NEED TO ADD SOME FOR DARK SKY COMPLIANCE, BUT, UM, THAT, THAT I 35 CORRIDOR IS GETTING BRIGHTER AND BRIGHTER. YOU KNOW, I WOULD LIKE TO SEE THE, UH, STATE TAKE DOWN THOSE GIANT STREETLIGHTS THAT THEY HAVE THERE THAT NOBODY ELSE HAS. I'M NOT SURE WHY WE'VE GOT THEM, BUT YOU CAN SEE THEM FROM DRIFTWOOD. UM, I, I, I CANNOT SUPPORT ANOTHER DIGITAL SIGN GOING IN ON THE I 35. WE'VE ONLY GOT, WHAT, NINE MILES IS THAT RIGHT OF, OF CORRIDOR? UH, AND WE ALREADY HAVE I THINK FIVE OR SIX DIGITAL SIGNS. IT'S MAY, MAY I ADD. SO I, I HAVE WORKED WITH THE DARK SKY ORDINANCE. UM, THESE BOARDS ARE MEANT WHERE YOU CAN ADJUST THE BRIGHTNESS. THEY HAVE TIMERS WHERE WE CAN ADJUST THOSE TIMERS. YEAH. BUT THEY'RE ALWAYS ON, THEY'RE ALWAYS THERE. THEY'RE, THEY'RE ALWAYS CREATING LIGHT POLLUTION. WELL, WHAT IF WE HAVE TO TURN OFF, TURN OFF, WE CAN TURN IT OFF FROM, WE CAN HAVE A CERTAIN TIME WHERE IT'S ON [02:25:01] THAT THIS TIMER WILL ALLOW US TO DO THAT. YEAH. IF YOU GOTTA ALLOW US TO DO THAT, WE CAN TURN IT OFF AT NINE O'CLOCK AND TURN IT BACK ON AT SEVEN. YEAH. MY QUESTION WOULD BE HOW DO WE MONITOR THAT? THAT WOULD REQUIRE STAFF, THAT PART OF CITY ORDINANCE, YOU KNOW, THAT WOULD BE A, A CODE ENFORCEMENT MONITORING THAT. AND IF IT'S, IF IT'S AFTER HOURS AND CODE'S, NOT GOOD ABOUT MONITORING THE DARK SKY OF OUR LIGHTING ORDINANCES AS IT IS. SO MAYBE WE SHOULD HAVE THE BIG GUYS TURN OFF THEIRS. YOU KNOW, EIGHT FOOT. I SUPPORT THAT. YOU KNOW, SO I MEAN WE'RE OUR, PROBABLY THE DOUBLE SIDES OF THIS TV, THERE ARE PROBABLY ONE TV AND THERE FOUR TVS THERE, BUT WE HAVEN'T HAD 50, YOU KNOW, I'M NOT PERSONALLY, I WILL NOT SUPPORT ANY MORE DIGITAL SIGNS ON OUR I 35 QUARTER OR ANY OTHER OF OUR QUARTERS. I HONESTLY DON'T KNOW THAT IT'S ANY WORSE THAN SEEING THE BILLBOARDS THAT HAVE THE UPWARDS LIGHTING ON THEM. UM, AS WE'RE DRIVING IN FROM SAN MARCUS, I DRIVE BY THIS BILLBOARD THAT'S LED THAT CHANGES ITS, UH, ADVERTISEMENTS AND THE LIGHTING ON THAT IS FAIRLY SUBTLE. UM, IT DOESN'T HAVE LIKE, YOU KNOW, BIG BORDERS AROUND IT. LIKE IT'S JUST, UM, IT ADJUSTS WITH THE DAYTIME. SO THE LIGHT THAT COMES OFF OF IT IS, IS NOT AS EXTREME AS SAY, LIKE THE HEB LIGHT EVEN. UM, SO I THINK THAT THERE'S A WAY TO DO IT THAT CAN STILL MAKE IT, GIVE THEM THE VISIBILITY THAT THEY NEED, BUT ALSO BE FRIENDLY TO OUR DARK SKIES AND TO OUR ENVIRONMENT. UM, CERTAINLY LEDS LAST LONGER THAN NORMAL LIGHTING. AND SO, LIKE, I ALMOST THINK IT LOOKS WORSE TO HAVE A SIGN WITH LIGHTING HALFWAY OFF THAN TO HAVE SOMETHING THAT WOULD BE A SUBTLE LED BOARD IF THAT'S SOMETHING THAT WE COULD WORK WITH. TECHNOLOGY'S DEFINITELY CHANGED FROM OUR OLD BOARD TO THE NEW BOARD JUST IN EIGHT YEARS. IT IS COMPLETELY DIFFERENT TECHNOLOGY AS FAR AS ADJUSTMENTS. OTHERWISE, OUR OTHER SIGN STAYS ON CONTINUALLY ALWAYS IS MAINTENANCE, MAINTENANCE, MAINTENANCE. THE NEWER ONES DON'T HAVE THAT BECAUSE OF THOSE THINGS YOU'RE SPEAKING OF AND HE'S TALKING ABOUT. BUT ANYWAY, UH, I MEAN, I'M TORN 'CAUSE OUR, OUR ORDINANCE IS WHAT OUR ORDINANCE IS, BUT I DON'T WANNA BE A STICKLER FOR THE RULES, BUT WE'RE NOT EVEN COMPLIANT WITH OUR ORDINANCE, SO WE'RE NOT STICKING TO THE RULES. . UM, BUT THIS IS AN ORDINANCE THAT I HAVE BEEN ASKING TO BE UPDATED FOR THREE YEARS AT LEAST. UM, AND YOU KNOW, IT'S FOR A REASON. I KNOW I, I WANNA SUPPORT SMALL BUSINESSES. I DO. I MEAN, I, I, AND I DON'T WANNA SAY I DO LIKE I DO, BUT LIKE I DO PHYSICAL GO. I GO OUT THERE AND, AND SHOW UP AND I TALK TO HIM AND, BUT THIS IS MORE THAN JUST A SMALL BUSINESS. THIS IS NOW AFFECTING OUR ORDINANCE AND IT'S AFFECTING, UM, YOU KNOW, MY FEAR, FEAR, OH, WE'RE ASKING IS HOW WE CAN WORK TOGETHER, YOU KNOW? I MEAN, WE HAVE TO TURN IT OFF AT NIGHT. WE'RE WILLING TO TURN IT OFF. I MEAN, WE'RE JUST TRYING TO ADVERTISE ON DURING THIS IS, I WOULD TO MAKE A MOTION ON THIS CORRIDOR AND THAT, THAT'S KINDA WHAT I'M TO IN THE BACK OF MY MIND. IF WE DO, FOR ONE, WE HAVE TO DO FOR ALL. AND IF EVERY BUSINESS IN THE CORRIDOR WAS SAYING, HEY, CAN WE DO THIS? I THINK WE'D ALL HAVE A RESOUNDING NO. SO I'D MAYOR, I'D LIKE TO MAKE A MOTION, IF YOU DON'T MIND IF YOU'RE DONE, MARK. NO, NO, GO AHEAD. MAYOR. LIKE TO CODE, MAKE A MOTION. WE GOTTA FOLLOW THE CODE IS TO CONSIDER ON THE DENIAL OF RESOLUTION ON AGENDA ITEM NUMBER 17. SECOND. OKAY. I HAVE A MOTION BY MAYOR PRO TEM TOBIAS AND A SECOND BY, UH, COUNCIL MEMBER MEDINA. UH, WHAT KIND, ANY FURTHER DISCUSSION? CLARIFY, CAN I HAVE CLARIFICATION ON WHICH OPTION IT IS? BECAUSE I THINK THERE ARE MULTIPLE OPTIONS. SO WHICH OPTION IS IT BEING PROPOSED? OPTION THREE. TO DENY. TO DENY. OKAY. WE GOTTA FOLLOW THE CODE. SORRY. I MEAN, IS THERE SOMETHING THAT I DON'T KNOW. MOTION. I THINK THERE ARE WAYS THAT WE CAN AMEND IT SO THAT WE CAN BE DARK SKY FRIENDLY. I THINK AS KYLE CONTINUES TO GROW, AND, AND THIS COUNCIL AND PREVIOUS COUNCIL HAS TALKED ABOUT NEEDING THAT SORT OF ECONOMIC GROWTH AND HOW IT LARGELY IS OUT OF OUR CONTROL. UH, A LOT OF THE TIMES THAT WE MIGHT SEE THESE REQUESTS, UH, COME IN MORE FREQUENTLY. AND I THINK, LIKE I SAID, THERE ARE WAYS FOR US TO AMEND THIS. AND IT SEEMS LIKE THESE OWNERS ARE ALSO WILLING TO WORK WITH US TO BE DARK SKY COMPLIANT. UM, AND THOSE ARE THINGS THAT WE CAN BUILD INTO OUR ORDINANCE SO THAT WAY THEY ARE ADDRESSED ALREADY FOR FUTURE COUNCILS. UH, SO THAT'S MY THOUGHTS ON THIS. I WOULD LIKE TO SEE OPTION TWO, BUT IF OPTION THREE IS ON THE TABLE, THEN THAT'S WHAT'S ON THE TABLE. OKAY. I WOULD LIKE TO HAVE STAFF REVISIT THIS ORDINANCE, SOLIDIFY IT, BRING SOMETHING BACK, UM, MAYBE GET SOME SMALL BUSINESS INPUT IF YOU GUYS ARE, YOU KNOW, JUST TALK ABOUT IT FIRST, BECAUSE I DON'T WANNA BE LIKE, I, I RESPECT OUR STAFF AND I RESPECT OUR BOARDS. THEY'VE BOTH SAID NO. [02:30:01] UM, I THINK AT THIS POINT I'M NOT KEEN ON GOING BACK ON WHAT, YOU KNOW, WHAT THEY'VE, WHAT THEY'VE SAID. AND, BUT I THINK MAYBE IF WE CAN REVISIT THIS ORDINANCE AND FIGURE OUT HOW IT CAN BE AMENDED. COULD, COULD WE DO THIS ACTION NOW? YEAH, YOU'RE RIGHT. AND THEN WE CAN BRING, WE CAN TALK ABOUT THE ORDINANCE. OKAY. ON ANOTHER ITEM WE CAN ADD YEAH, WE CAN ADD AN AGENDA. THAT'S A WHOLE DIFFERENT THING. YEAH. ALRIGHT. I DON'T DISAGREE WITH YEAH. ANYTHING ANYBODY SAID. OKAY. THEN WE'RE GONNA DO A ROLL CALL. VOTE. I'M, I'M JUST CURIOUS. CAN I SEE, OKAY. HARRIS? NO, WAIT, WAIT, WAIT, WAIT, WAIT, WAIT. DENY DENY RESOLUTION TO DENY THE, TO DENY TO GO WITH THE RECOMMENDATION OF THE SIGN CONTROL BOARD. YES. OKAY. TOBIAS? YES. LAURAS KALE. YES. MEDINA? YES. ZAPATA? NO. ZA, NO. MCKINNEY? YES. ALL RIGHT. MOTION PASSES. PASSES FIVE TO TWO. TWO. OKAY. HOPEFULLY WE CAN GET YOU GUYS WITH OUR STAFF TO FIGURE SOMETHING OUT. I DO WANNA SUPPORT YOUR BUSINESS. WHATEVER WE CAN DO OTHER THAN THAT SIGN, PLEASE LET US KNOW IF KAYLA CAN GIVE YOU MY ADDRESS. UH, WE CAN WORK TOGETHER IN OTHER, OTHER WAYS TO KINDA SHOWCASE YOUR, I I WILL SAY YOU'RE IN A VERY GOOD POSITION BECAUSE CAR DEALERSHIPS ARE LIMITED ON THAT, ON THE 35 CORRIDOR. SO YOU GUYS ALREADY HAVE AN ADVANTAGE OF LIKE, VERY LOW, UM, COMPETITION. BUT WHATEVER WE CAN DO IN OTHER WAYS TO TRY TO HELP YOU GUYS OUT, PLEASE, PLEASE REACH OUT AND LET US KNOW. THIS IS WHAT WE'RE GONNA DO. WE HAVE TO DENY THIS, BUT WE'RE GONNA COME BACK LATER WITH AN AGENDA ITEM TO REVISIT THE SIGN. THAT WAY WE COULD BE UNIFORM AND FAIR FOR EVERYBODY. YES, SIR. OKAY. AND THEN WE CAN REVISIT Y'ALLS AGAIN. THANK YOU. CAN I SAY SOMETHING REAL QUICK? YES. I JUST, I JUST DON'T UNDERSTAND HOW ALL THESE BIG NATIONAL, IF YOU, IF THERE'S SEVEN BIG LED BOARDS HERE. NO, NOBODY'S HERE. PART OF THE TOWN. THEY'RE ALL NATIONAL COMPANIES OUT OF, IT'S ALL A BIG MONEY THING HERE. I MEAN, WHY WHEN A SMALL BUSINESS WANTS TO PUT ONE ON THE HIGHWAY, BUT WHEN YOU GUYS ALLOWED THEM TO DO IT, SEVEN OF 'EM NOW THAT WE WANT TO DO ONE. YEAH, WE DIDN'T. HOW DOES IT? YEAH, THEY WERE ALREADY, THIS IS, WE DENIED. YOU SAID THESE SIGNS ARE EIGHT, NINE YEARS OLD. WE DIDN'T, WE DENIED A LOT OF, WE DENIED BEFORE WE SET THESE STEPS BEFORE OUR ONE SPEAK AT A TIME, YOU'D HAVE ABOUT 15 OF THEM UP AND DOWN. IF WE NO, WE WOULD, TRUST ME. WE, LET'S SEE IF WE CAN WORK TOGETHER AND SEE IF WE CAN GET THE GENTLE. EXACTLY. THAT'S WHAT WE'RE DOING. THANK YOU GUYS SO MUCH. THANK YOU. THANK YOU. THANK YOU GUYS. WE APPRECIATE THAT. THAT'S TOUGH. HMM. MM-HMM . DO WE WANT TO TAKE A BREAK? OKAY. WE'RE GONNA TAKE, UM, A 11 MINUTE BREAK. BE BACK BY 9 45, PLEASE. ALL RIGHT. GOOD EVENING. WE'RE BACK. TIME IS 9 48 AND, UH, WE'RE GONNA MOVE ON. I BELIEVE THE NEXT ONE THAT WE'RE HEADED TO IS MAYBE, UM, [18) Consider approval of a Resolution designating the reconstruction of Bunton Creek Road as the next highest-priority roadway project under the City's 2022 Road Bond Program, and providing direction regarding the project scope, including: Reviewing the current project status; Reviewing the original project budget and updated cost estimates; Determining the width of pedestrian facilities; Determining whether electrical utilities should be relocated underground or remain overhead; and Authorizing the Interim City Manager to exceed the original project budget by an amount established by the City Council to implement the approved project scope. ] AGENDA ITEM 18. IS THAT RIGHT? YES. CONSIDER APPROVAL OF A RESOLUTION DESIGNATING THE RECONSTRUCTION OF BUTTON CREEK ROAD AS THE NEXT HIGHEST PRIORITY ROADWAY PROJECT UNDER THE CITY'S 2022 ROAD BOND PROGRAM. AND PROVIDING DIRECTION REGARDING THE PROJECT SCOPE, INCLUDING REVIEWING THE CURRENT PROJECT STATUS, REVIEWING THE ORIGINAL PROJECT BUDGET AND UPDATED COST ESTIMATES. DETERMINE THE WIDTH OF PEDESTRIAN FACILITIES DETERMINING WHETHER ELECTRICAL UTILITIES SHOULD BE RE RELOCATED UNDERGROUND OR REMAIN OVERHEAD. AND AUTHORIZING THE INTERIM CITY MANAGER TO EXCEED THE ORIGINAL PROJECT BUDGET BY AN AMOUNT ESTABLISHED BY THE CITY COUNCIL TO IMPLEMENT THE APPROVED PROJECT. SCOPE ITEM, PRESENTER, PRESENTER, LEON BARBARA. GOOD EVENING MAYOR COUNCIL LEON BARBA, CITY ENGINEER. LITTLE BIT OF THE PROJECT BACKGROUND AS PART OF THE 2022 ROAD BOND PROJECTS, THE BUTTON CREEK ROAD PROJECT WILL IMPROVE THE ROAD TO 365 EAST OF LEHMAN ROAD TO PORTER [02:35:01] COVE. JUST TO REMIND YOU, THE UH, SECTION OF BUTTON CREEK IN LAYMAN IS NOT PART OF THIS PROJECT. IT'S IN A DIFFERENT ENGINEER'S CONTRACT. PRIOR COUNCIL HISTORY ON SEPTEMBER 10TH, 2026, THE PRESENTATION WAS GIVEN TO COUNCIL TO REVIEW THE PEDESTRIAN INFRASTRUCTURE, PROPERTY IMPACTS AND POTENTIAL COST SAVINGS ON THE CENTER STREET CORRIDOR. DURING THIS PRESENTATION, COUNCIL DIRECTED STAFF TO BRING BACK AN ITEM TO DISCUSS THE PRIORITIZATION OF THE BUNTON CREEK ROAD PROJECT. HERE'S SOME OF THE IMPROVEMENTS THAT ARE GONNA BE INCLUDED IN THIS PARTICULAR PROJECT. UH, LANES ARE GONNA BE WIDE FROM TWO LANES TO FOUR LANES IN THE CENTER TURN LANE. UH, COUNCIL PROBABLY DOESN'T REMEMBER, BUT AT ONE TIME THIS WAS ONLY GONNA BE FOUR LANES, AND I THINK THEY CAME IN LATER AND SAID WE NEED TO ADD A FIFTH LANE, WHICH WOULD BE THE CENTER LANE. THE, UH, ALSO GONNA SOFTEN THE EXISTING CURVES, AND THIS INCLUDES A 10 FOOT SHARED USE PATH ON THE NORTH SIDE, A SEVEN FOOT SIDEWALK ON THE SOUTH SIDE OF THE ROADWAY, AND A 12 FOOT VIBE TRAIL CROSSING. UH, IF YOU'LL NOTICE THAT LITTLE YELLOW SPECK IN THE MIDDLE, THAT IS MIDBLOCK CROSSING AT LAKE WASHINGTON DRIVE. UH, WE'RE STILL WORKING ON REVI REVIEWING THE PROCESS OF WHETHER WE WANT TO TAKE THIS FROM OVERHEAD TO UNDERGROUND. AND THAT'S UNDER REEVALUATION RIGHT NOW. BUNTON CREEK ROAD, ROUNDABOUT RECONSTRUCTION IS PLANNED AT THE INTERSECTION OF BUNTON CREEK ROAD AND GO FORTH ROAD. UH, WE ARE GONNA HAVE THE FLASHING BEACONS THERE ON EACH ROUND OF THAT LEG. UH, WE HAVE PAUSED THAT, UH, INTERSECTION RE BECAUSE OF THE REEVALUATION THAT WE NEED TO DO ON THAT PARTICULAR INTERSECTION. HOPEFULLY BRINGING THAT BACK TO YOU COUNSEL. IN THE NEAR FUTURE PROJECT STATUS, WE'RE AT A HUNDRED PERCENT FINAL DESIGN. UH, WE ORIGINALLY PLANNED TO BID THIS AFTER THE OLD STAGE COACH ROAD PROJECT. UH, ONE OUTSTANDING ITEM. WE HAVE AN AGREEMENT WITH COUNTY LINES SPECIAL UTILITY DISTRICT. IT'S NOT FINALIZED. UH, AT THIS POINT. WE'RE, UH, DISCUSSING THE, THE PRICE WE'RE ABOUT 125,000 DIFFERENCE IN, IN THE PRICES THAT WE'RE LOOKING AT. SO WE'RE STILL, UH, TALKING TO THEM ABOUT THAT. UH, ALL RIGHT OF WAY AND EASEMENTS ARE IN POSSESSION. HERE'S TWO OF THE OUTSTANDING DECISIONS. AS YOU PROBABLY ALREADY KNOW, WE'RE STILL WORKING ON, UM, THE UTILITY COORDINATION. WE NEED TO DECIDE WHETHER WE'RE GONNA GO OVERHEAD OR, UH, OR KEEP IT UNDERGROUND. THE DESIGN FOR THE UNDERGROUNDING THOUGH, IS COMPLETE. UH, WE STILL HAVE THOSE TWO MAJOR INTERSECTIONS THAT WE NEED TO LOOK AT. ONE IS AT BUNTON CREEK ROAD AND GO FORTH. AND THE OTHER ONE IS AT, UH, BUNTON CREEK AND LAYMAN ROAD. HERE'S YOUR SECTIONS EXISTING SECTION. IT'S JUST REALLY TWO LANES, UH, PROPOSED CONDITIONS. WE'RE GONNA HAVE A 10 10 FOOT SHARED USE PATH ON THE NORTH SIDE, SEVEN FOOT SIDEWALK ON THE SOUTH SIDE. AND WE WILL HAVE FIVE LANES AND THE PROPOSED CONDITIONS SHOW THAT WE WOULD BE HAVING EVERYTHING OVERHEAD. WE WOULD STILL MAINTAIN THE 10 FOOT SHARE JUICE PATH AND THE SEVEN FOOT SIDEWALK. SO WE'RE STILL CONSIDERING THAT. IT'S A LITTLE BIT MORE DETAIL ON THE VIBE TRAIL THAT'S CROSSING. IT'S GOING INTO NORTH, SOUTH DIRECTION, UH, VERA THROUGH CASSETTE OF SUBDIVISIONS. AND THERE'S ABOUT 800 FEET OF VIBE TRAIL THAT'S PROPOSED FOR THIS PROJECT. AND THOSE ARE THE THREE SECTIONS THAT YOU SEE THERE IN A KIND OF A BLUISH COLOR ON THE SOUTH SIDE. IT TIES IN ACROSS THE STREET TO A SIX FOOT GRAVEL, GRANITE, GRAVEL PATH ON THE NORTH SIDE. IT'LL TIE INTO A FIVE FOOT SIDEWALK. ONE OF THE COMMENTS THAT, THAT YOU SEE ON THE BELOW THERE IS THAT CAN BE REDUCED TO SIX FOOT SIDEWALKS IF WE CHOOSE TO DO SO. THIS IS THE, UH, SHARED USE PATH ON THE NORTH SIDE. UH, THE, UH, SEVEN FOOT SIDE WAS ON THE SIDE, ON THE SOUTH SIDE. THAT'S THE, I'M GONNA CALL IT THE BURN OR UH, COLOR. UH, ON THE NORTH SIDE IS THE 10 FOOT SHARE USE PATH. AGAIN, THOSE COULD ALSO BE REDUCED TO SIX FEET IF COUNCIL CHOOSES TO DO SO. THIS IS OUR CURRENT BUDGET. AS YOU CAN SEE ON THE LEFT SIDE COLUMN, 28.6 MILLION WAS WHAT THE ESTIMATED COST OF, UH, BACK IN 2022. TODAY'S COST ESTIMATE IS $39.8 MILLION. AND I ASKED, UH, SPECIFICALLY, UH, OUR CONSULTANT. I SAID, THESE SEEMS THESE PRICES REALLY HAVE JUMPED UP A LOT. I DO KNOW THEY ADDED THAT EXTRA LANE, BUT THAT REALLY HAD, DIDN'T JUMP IT UP. IF YOU LOOK AT THE FIRST ITEM ON THE MAIN CREEK ROAD, UH, RUNWAY ROADWAY, UH, THE ESTIMATE THAT WAS DONE FOR WATER WASTEWATER IMPROVEMENTS WAS REALLY LOW, WAS ABOUT 800,000 IF I RECALL. AND YOU CAN SEE WE ADDED ABOUT ANOTHER 10 MILLION ONTO THAT, UH, NUMBER. SO IT'S A PRETTY GOOD INCREASE BECAUSE OF THE UTILITIES THAT WE'VE ADDED IN THERE. HERE'S SOME OF THE SAVINGS THAT WE COULD, UH, UH, ACCOMPLISH IF WE WANTED TO GO THIS ROUTE. THE VIBE TRAIL, WE'RE LOOKING AT, UH, 90,500. IF WE GO TO THE, UH, SHARED USE PATH, TAKE IT DOWN TO SIX FEET. WE'RE AT 185,000. UH, IF WE REDUCE THE SEVEN FOOT SIDEWALK TO SIX ON THE SOUTH SIDE, WE'RE AT 55,000. UH, UH, NOTHING ON THE RIGHT OF WAY OR EASEMENTS. UH, IF WE MAINTAIN UTILITIES OVERHEAD, HERE'S YOUR BIG NUMBER, $3.4 MILLION AND SOME CHANGES THAT'LL COST US TO MAKE THOSE CHANGES. AND WE COULD LOOK AT A SAVINGS OF 3.73, UH, MILLION DOLLARS. UH, WE DO ANTICIPATE HIGHER TRAFFIC ON [02:40:01] THE SOUTH SIDE OF THE ROAD, UH, I GUESS ON THE, IN THE, THAT AREA NEAR HIGH LEHMAN HIGH SCHOOL. SO THAT'S ONE OF THE REASONS WE WERE THINKING ABOUT THE WIDER SIDEWALKS. THIS IS A COUNCIL ACTION THAT WE NEED. COUNCIL DIRECTION IS NEEDED ON HOW TO PROCEED WITH THE FINAL DESIGN FEATURES FOR THE BUNTON CREEK ROAD PROJECT, INCLUDING DETERMINING THE WIDTH OF THE PEDESTRIAN FACILITIES, DETERMINING WHETHER ELECTRICAL UTILITY SHOULD BE RELOCATED UNDERGROUND OR REMAIN OVERHEAD AND AUTHORIZING THE INTERIM CITY MANAGER TO EXCEED THE ORIGINAL BUDGET BY AMOUNT ESTABLISHED BY CITY COUNCIL TO IMPLEMENT THE APPROVED PROJECT SCOPE. HERE'S YOUR FOUR OPTIONS AGAIN, AND THE NEXT SLIDE SHOWS THE OPTIONS. ONE, OF COURSE IS THE, UH, UH, MOVE FORWARD WITH THE, WITH THE PROJECT AS, AS A HIGH PRIORITY PROJECT. AND SECTION A SECOND, I, UH, ITEM IS TO GUIDE THE RESOLUTION DESIGNATED. THIS IS I HIGH PRIORITY PROJECT, SO I'LL BACK UP TO THE OPTIONS AND SEE IF COUNCIL WANTS TO DISCUSS THOSE. ALRIGHT, THANK YOU. ALL RIGHT. SO, UM, WE ARE REDOING THIS ROUNDABOUT, IS THAT CORRECT? WE DON'T KNOW THAT YET. WE DON'T KNOW THAT. WHAT DOES THAT MEAN? WHEN WILL WE NOW WE, WE'RE STILL DOING THE STUDIES ON IT. WE'RE STILL STUDYING THAT. STILL STUDYING. OKAY. WE'RE EXPECTING THAT, UH, PROBABLY NEXT MONTH TO GET SOME RESULTS BACK IN NEXT MONTH. BUT DO WE NOT HAVE A, A EXACT COST THEN? BECAUSE THAT ROUNDABOUT WILL BE A PART OF THIS BUTTON. JUST THE BUTTON AND GO FORTH. THAT'S THE ONLY ONE. YEAH. YEAH, IT'S, IT'S, UH, THAT'S THE CASSERA WRENCH. YES, THAT'S WHAT I WAS WONDERING. YEAH. RIGHT. AND THAT WAS A DEVELOPER, UM, FUNDED ROUNDABOUT ORIGINALLY. ORIGINALLY, YEAH. MM-HMM . MM-HMM . VERY MUCH SO. IS, UH, SO WE'RE STILL LOOKING AT FOUR LANES. I'M SORRY, MARY, I DIDN'T MEAN TO INTERRUPT. NO, YOU'RE GOOD. GO AHEAD. SO WE'RE STILL LOOKING AT THE FOUR LANE. THE REASON WHY WE'RE ADDING THAT OTHER ONE, THE FIFTH LANE IS FOR TURNING INTO SOUTH LAKE RANCH, CORRECT? THAT IS CORRECT. OKAY. SO THEY COULD BE ABLE TO HAVE THAT THERE. AND THE ONLY THING THAT WE PUT PAUSE ON IS JUST THE ROUNDABOUT AT LAYMAN, CORRECT? WELL, ACTUALLY BOTH ROUNDABOUTS ARE STILL UNDER REVIEW, FOLKS THAT ARE UNDER REVIEW. SO THAT INCLUDES A CASSERA, I ALWAYS CALL THE CASSERA RANCH ONE THAT WAY EASIER. IT DOES INCLUDE THAT ALSO. IT'S JUST EASIER ON THAT END. OKAY. BUT WE DON'T HAVE A COST FOR THE CASSERA RANCH, AND WE DON'T KNOW IF WE NEED, I'D HAVE TO CHECK WITH OUR CONSULTANTS, SEE IF HE HAS THAT NUMBER. OKAY. UM, WHEN YOU SAY A COST, I MEAN, WE, WE CURRENTLY HAVE A COST FOR REPLACING THAT, THAT ROUNDABOUT WITH A ROUNDABOUT. YEP. UM, NOW AS FAR AS THE COSTS OF REPLACING IT WITH SOME OTHER INTERSECTION, WE DON'T, BECAUSE WE HAVEN'T MADE A DETERMINATION WHAT THAT OTHER OPTION WOULD BE. OKAY. IF ANYTHING. SO, BUT THIS COST THAT WE HAVE, THAT WE'RE LOOKING AT TODAY INCLUDES THE COST FOR THE ROUND, LIKE THIS IS, THAT'S CORRECT. THAT'S CORRECT. THE CURRENT DESIGN INCLUDES THE IMPROVEMENTS TO THE ROUNDABOUT AT, AT CASETA IN RIDGE. OKAY. SO, OKAY. I JUST WANNA MAKE REFERENCE TO THE, TO THE FACT THAT THAT ROUNDABOUT IS THREE YEARS OLD. SO, UH, MAINTAINING IT OBVIOUSLY IS, IS EXPENSIVE AND IS GONNA BE IMPORTANT AS WE MOVE FORWARD. KEEPING THAT IN MIND BECAUSE, UM, THAT ROUNDABOUT WAS BUILT TWICE. SO THE FIRST TIME THEY BUILT IT, UH, THEY BUILT IT, I WANT TO SAY, UM, ACCORDING TO THE CITY'S ENGINEERING PLANS AND TO THEIR SPECS AND, UH, OR MAYBE THEIR OWN, IT DIDN'T TURN OUT RIGHT. SO THEN THEY REDID IT. UM, AND THEN, BECAUSE AT ONE POINT A BUS OR A FIRETRUCK COULDN'T GET AROUND IT MM-HMM . SO WE HAD THEM GO BACK AND REBUILD IT AND, AND TO, TO THEIR BENEFIT, THEY BUILT EXACTLY WHAT WE ASKED THEM TO. AND SO, UM, NOW WE'RE BUILDING IT AGAIN. AND SO IT WOULD BE NICE TO KNOW HOW MUCH THAT'S GONNA COST. SO WE COULD HAVE A, A FRAME OF WHAT FUTURE COSTS WOULD BE FOR ROUNDABOUTS. UM, SO MAYBE IF WE CAN GET THAT INFORMATION SOMEWHERE DOWN THE LINE. UM, I, I AM KIND OF CURIOUS HOW MANY 12 FOOT, UH, MULTI-USE PATH TRAILS WE'RE GONNA HAVE VERSUS 10 FOOT IN THE CITY OF KYLE? BECAUSE, BECAUSE, UM, I DON'T WANNA DO AT THIS AREA, I DON'T WANNA DO THE SIX, BUT I THINK THAT'S WAY TOO SMALL. I THINK THIS IS GONNA BE A REALLY GOOD AREA FOR PEOPLE TO USE THE TRAIL. I THINK THERE'S GONNA BE A LOT OF KIDS WALKING ON IT. I THINK THERE'S GONNA BE, UM, A LOT OF FOOT TRAFFIC BECAUSE THAT PLACE IS A TERRIBLE PLACE TO DRIVE . SO I CAN SEE PEOPLE RIDING THEIR BIKES BECAUSE THERE ALREADY IS YEAH, . . YEAH. UM, I WOULD LIKE TO SEE, UM, A 10 FOOT, A MINIMUM OF 10 FOOT IN THIS AREA. I DON'T KNOW HOW EVERYBODY FEELS ABOUT THAT. COUNCIL MEMBER HARRIS, THE MAINTAINING THE 12 FOOT VIBE AND THE 10 FOOT SHARED USE AND THE SEVEN FOOT FOOT SIDEWALK [02:45:01] ARE REALLY COMPARED TO THIS OVERALL PROJECT, VERY MINIMAL COSTS. THEY ARE IMPORTANT FOR THE PEDESTRIAN AND BICYCLE TRAFFIC THAT WILL BE ON THESE AREAS. UM, SO CLOSE TO THE SCHOOL. UM, I'M NOT SURE ABOUT THE UNDERGROUND IN THE UTILITIES. I DON'T HAVE A FEELING ONE WAY OR THE OTHER. I THINK THAT THE UTILITY COMPANIES SHOULD PARTI PARTICIPATE IN THAT. I DON'T THINK THAT SHOULD BE ALL THE CITY'S RESPONSIBILITY. UM, THAT'S THE BIG CHUNK THERE. THE REST IS PEDESTRIAN SAFETY AS FAR AS I'M CONCERNED THAT WE SHOULD MAKE THOSE AS LARGE AS POSSIBLE. THE 12, 10 AND SEVEN WOULD BE MY VOTE BERTAM. OKAY. SO IN THAT AREA, IF PEOPLE WHO ARE VERY FAMILIAR WITH THAT, THE UTILITIES WOULD BE VERY, VERY DIFFICULT TO BURY. I CAN TELL YOU THAT RIGHT NOW. 'CAUSE IT'S RIGHT BY RESIDENTIAL HOMES. AND THERE'S ONE HUGE POWER POLE THAT'S LIKE RIGHT THERE WHERE THE TEMPORARY LIGHTS WERE AT. SO I DON'T KNOW HOW, UH, WE WOULD BE ABLE TO ACTUALLY BE ABLE TO BURY THAT LARGE OF POLES ALL THE WAY DOWN. UM, YOU KNOW, IT COULD BE DONE, BUT AT A HUGE EXPENSE. AND SO, UM, I'M JUST AT THE POINT WHERE, OF COURSE I JUST DON'T WANT TO JUST WING IT AND LET'S JUST GET IT DONE. BUT AT THE SAME TIME, I'VE GOT PEOPLE THAT ARE JUST KICKING AND SCREAMING. IT'S TAKING TOO LONG TO GET BUILT. WE JUST LEAVE THE UTILITIES THAT ARE THERE AND LIKE WHAT DR. HARRIS SAYS, WHEN THE TIME COMES AND WE'RE, WE NEED TO BE ABLE TO BURY THEM. WE NEED TO BE ABLE TO GET PEC OR WHOEVER IT IS TO HELP WITH THAT, UH, UH, THOSE COSTS ON THAT END. AND WHEN IT COMES TO THE SIDEWALKS, AGAIN, I NEED TO REMIND EVERYBODY WITH THE STATE LAW THAT'S OUT THERE WHEN IT COMES TO SIDEWALKS AND SCHOOLS WITHIN THE TWO MILE RADIUS, WE BUILD SIDEWALKS ON EITHER SIDE OR EVEN JUST ONE, UH, PEOPLE LOSE BUS SERVICES. AND SO I KNOW THERE'S A LOT OF PEOPLE THAT THE STUDENTS THAT, THAT WALK HOME TO CASSERA, BUT ALSO PEOPLE WHO RIDE THE BUS ALL THE WAY TO BUNTON CREEK SUBDIVISION. SO THOSE, THAT'S SOMETHING THAT WE'RE GONNA NEED TO REALLY CONSIDER WHEN WE'RE DESIGNING ANY KIND OF SIDEWALKS, ESPECIALLY RIGHT THERE, THAT, UH, SOME OF THOSE RESIDENTS COULD LOSE, UH, SOME BUS SERVICES IN, IN THE AREA BECAUSE WE DO HAVE A PATHWAY, A SAFE PATHWAY FOR THEM, UM, ON THAT END. THAT'S A PROBLEM WITH THIS. YES. THAT'S A PROBLEM FOR THE SCHOOL TO RESOLVE. YEAH. NOT US. WELL, WE NEED TO PROVIDE SAFE. WE WE'RE GONNA PROVIDE IT. IT THAT'S TRUE. WE'RE GONNA PROVIDE THE SIDEWALKS, WHICH WE DID OVER HERE AT HOMETOWN AND WHICH WE DID OVER THERE AT KENSINGTON. UM, THEY'LL WALK IN THE GRASS. IT'S, IT'S JUST LETTING PEOPLE KNOW WHEN IT COMES TO BUS SERVICES, THAT'S, THAT'S WHAT'S GONNA HAPPEN. BUT WE DO I AGREE WITH YOU. WE DO NEED TO GET THOSE SIDEWALKS FOR, FOR THE PEDESTRIAN AND THE STUDENTS THAT USE THAT IN THAT AREA THERE. WELL, I'M KIND OF CONCERNED ABOUT THE DRAINAGE BECAUSE IT WAS MY, HOW FAR BACK IS THIS GONNA GO? IS THIS GONNA GO TO VIOLET? IT'S ACTUALLY CALLED PORTER CO. WHICH DOESN'T REALLY EXIST. THAT'S WHAT THEY PULLED OFF GOOGLE, BUT IT'S CLOSE TO VIOLET. OKAY. I'M JUST WONDERING HOW THEY'RE GOING TO, THAT'S GONNA BE A LOT OF, IF THEY'RE DOING FIVE LANES AND THEN THEY'RE GONNA DO THE VIBE OR THE SIDEWALKS, LIKE WHAT IS THAT GONNA LOOK LIKE? I DRIVE THAT ROAD QUITE OFTEN AND EVERYTHING IS LIKE, ARE WE, ARE WE GONNA TAKE FROM THE SCHOOL OR DOES IT NOT GO TO THE SCHOOL? YOU'RE ASKING ABOUT DETENTION FOR THE, UH, PROJECT? YES. DO YOU HAVE AN IDEA? OH, WELL, I MEAN, THE, THE, UH, DRAINAGE ITSELF HAS BEEN DESIGNED ALREADY OKAY. TO ACCOMMODATE AND MEET THE REQUIREMENTS. SO I MEAN, THAT'S ALREADY DESIGNED, THAT'S PART OF THE, THE A HUNDRED PERCENT DESIGN. SO WE'VE GOT DRAINAGE AND YOU KNOW, WE, WE DO HAVE THE DESIGN FOR THE PC UNDERGROUND IF THAT, WERE STILL AN OPTION TO GO UNDERGROUND WITH PC. SO EVERYTHING'S DESIGNED. SO, SO CAN YOU EXPLAIN TO ME WHERE THIS STARTS? I KNOW WHERE IT STOPS, BUT WHERE IS IT GONNA START? THE ACTUAL PROJECT ON THE WEST SIDE, ON THE EAST. COULD WE SEE THAT ON THE SCREEN? YEAH. BACK UP. THANK YOU. YEAH, THANK YOU. SO, SO BASICALLY I GUESS ON THE VERY LEFT, UM, OKAY, WE GO, WHICH YOU DON'T QUITE SEE, THERE WOULD BE THE, UH, THE LAYMAN BUTTON INTERSECTION. SO IT'S, AS YOU MENTIONED, IT'S ABOUT, UH, I DON'T KNOW, 365. YEAH. 365 FEET, UM, TO THE EAST OF THE INTERSECTION IS THE BEGINNING POINT. OKAY. SO IT LOOKS LIKE WE'RE GONNA TAKE MOST OF THE RIGHT AWAY FROM THE SCHOOL AREA AND THE HOUSE IS ON THE RIGHT, BUT I GUESS IT'S ALL LOOKS LIKE BACKYARDS. HOW MANY HOMES ARE GONNA [02:50:01] BE AFFECTED BY THAT? UH, I, I DON'T THINK ANY, ANY HOMES DIRECTLY ARE GONNA BE AFFECTED AS FAR AS, AS FAR AS TAKING FROM A, A RESIDENTIAL PROPERTY, UH, AND THE RIGHT OF WAY'S ALREADY BEEN ACQUIRED. SO WE DON'T HAVE ANY ADDITIONAL RIGHT OF WAY TO ACQUIRE FOR THE PROJECT AT THIS POINT. ALL RIGHT. I'M READY TO GO. YEAH. I THOUGHT THIS WAS READY TO GO THIS SUMMER. YEAH, LET'S DO IT. MM-HMM . UM, I GUESS THE QUESTION'S JUST GONNA BE HOW MANY, HOW WIDE WE WANT THE SIDEWALK TO BE. AND I AGREE WITH COUNCIL MEMBER HARRIS. THIS IS, IT'S OUR JOB TO PROVIDE A SAFE ENVIRONMENT. SO IF, UM, THE SCHOOLS DON'T ASK US WHEN THEY PUT SCHOOLS THERE, THEY DO NOT CONSULT WITH THE CITY ABOUT, ALTHOUGH I WISH YOU COULD. GOOD. IT'S FOR THE KIDS TO WALK . OKAY. COUNCIL MEMBER GZA, I AM STILL UNRESOLVED ON WHETHER THE LANGUAGE OF THE BOND COVERS MULTI-USE AND TRAIL PATHS BECAUSE OUR ORDINANCE SEEMS TO DEFINE WHAT A SIDEWALK IS AND THE MULTI-USE PATHS AND THE TRAIL ARE DIFFERENTLY DEFINED. SO I DON'T KNOW THAT WE CAN LEGALLY USE THE MONEY FROM THE ROAD BOND TO PAY FOR THOSE PATHS BECAUSE IT SPECIFIES SIDEWALKS. SO AMY, COULD YOU KIND OF SHARE THAT? BECAUSE ONE OF THE THINGS THAT I UNDERSTAND IS THAT THE LANGUAGE OF THE BOND PREVAILS OVER ANY OF THE MARKETING MATERIALS, ET CETERA. THE, THE LANGUAGE OF THAT BOND IS ACTUALLY WHAT THE CONTRACT WITH THE RESIDENCE IS. THAT THE BOND WAS THE LANGUAGE OF THE BOND IS PRESCRIPTIVE. WE CANNOT JUST ADD IN AND ADD IN. SO I HAVE REACHED OUT TO OUR BOND ATTORNEY ON THIS AND HAVE WORKED ON AN OPINION. I KNOW THERE WAS SOME DISCUSSION ABOUT HAVING SOMEBODY OTHER THAN OUR BOND ATTORNEY PROVIDE THAT OPINION. AND THAT'S SOMETHING WE CAN LOOK AT. HER OPINION IS THAT IT IS LEGAL. UM, I CAN SEND OUT THE EMAIL, BUT AGAIN, I KNOW THERE'S BEEN SOME CONVERSATION AMONG COUNCIL MEMBERS THAT THEY WANT SOMEBODY ELSE TO LOOK AT IT. BONDS ARE NOT MY EXPERTISE. THIS IS WHY WE HAVE A SEPARATE BOND ATTORNEY. OKAY. THAT, THAT CONVERSATION IS BECAUSE SHE DRAFTED THE LANGUAGE. SO IT WOULD NOT BE IN HER BEST INTEREST TO SAY ANYTHING OTHER THAN IT WORKS. UM, AND SHE, SHE HAD LIKE, YOU KNOW, CASES AND OTHER STUDIES AND AG OPINIONS ALL LISTED IN THIS OPINION. SO IT'S NOT JUST, YOU KNOW, IT'S, IT'S LEGAL. THAT WAS IT. THERE WAS A LOT OF INFORMATION IN THERE, BUT I DO UNDERSTAND YOUR POINT THAT IF YOU WANT A SEPARATE OPINION, THE REASON THAT I GO TO OUR BOND ATTORNEY IS BECAUSE SHE'S ALREADY CONTRACTED. SHE DOES MOST OF THIS RESPONSE WITHOUT ADDITIONAL COST BEYOND WHAT WE PAY THROUGH THE BONDS. IF WE WANNA HIRE SOMEBODY ELSE, THEN THERE'S A COST INVOLVED. OKAY. WELL, UM, SO IS A SIDEWALK DEFINED AS A CERTAIN FEAT? YEAH. AND OUR ORDINANCE? NO, IT IS NOT. UM, OKAY. AND HER, THE, THE INFORMATION IN THAT OPINION WAS NOT JUST ABOUT THE DEFINITION OF SIDEWALK, IT WAS OTHER INSTANCES IN WHICH IT DIDN'T SPECIFICALLY, LIKE THE BONDS DIDN'T SPECIFICALLY LIST TRAILS, BUT IT WAS DETERMINED THAT IT WAS AN ACCEPTABLE USE OF THE FUNDING BECAUSE IT WAS CONNECTED TO THE STREET. OKAY. ANYTHING ELSE? NO. OKAY. I DO COUNCIL MEMBER MEDINA. MY BIGGEST CONCERN I THINK IS THE ROUNDABOUT FOR, UM, BUTTON AND GO FORTH. IF WE'RE DOING BASICALLY A FIVE LANE ROAD, SO FOUR LANES GOING INTO THAT CURRENT ROUNDABOUT, SHOULD YOU DECIDE NOT TO REPLACE THE ROUNDABOUT, THEN HOW IS THAT FUNNELING FROM TWO LANES INTO A, FROM FOUR LANES INTO A TWO LANE ROUNDABOUT AND THEN BACK OUT AGAIN WITHOUT, THAT'S NOT GONNA WORK. IT'S NOT GONNA WORK. IT NEEDS TO BE REPLACED. SO THEN WE WOULD REPLACE, EITHER REPLACE IT WITH A FOUR LANE ROUNDABOUT, WHICH IS ANOTHER CONCERN, OR CHANGE IT TO A DIFFERENT TYPE OF INTERSECTION. PROBABLY PROBABLY CALL WITH TWO BY TWO, TWO BY TWO LANES. YOU'D HAVE TO REDUCE IT DOWN TO TWO LANE. RIGHT NOW IT'S A ONE BY ONE. IT'S JUST ONE ONE, RIGHT. ONE LANE THROUGH THERE. SO WE'D HAVE TO HAVE AT LEAST TWO LANES THROUGH THERE GOING IN IN BOTH DIRECTIONS. PARDON? OR TWO BY ONE. TWO BY ONE. YEAH. OKAY. AND THEN, UM, SAME QUESTION POSES TO IF WE'RE STARTING KIND OF RIGHT IN FRONT OF THE PARKING LOT AT, UH, LAYMAN, WHERE THE AUTO BODY AND THE BAND PRACTICES AND STUFF, AND YOU'VE GOT FOUR LANES OF TRAFFIC TO GOING BOTH DIRECTIONS, BUT THEN YOU'RE COMING TO THAT RED LIGHT THERE. HOW IS THAT TRAFFIC FUNNELING? IF YOU'RE NOT, YOU'RE BOTTLENECKING RIGHT THERE WITH ALL THESE KIDS COMING IN AND OUTTA SCHOOL. THAT WAS A QUESTION THAT I ASKED. I SAID, SUPPOSING WE DO HADN'T MOVE, GO AHEAD AND MOVE FORWARD WITH THIS PROJECT. HOW ARE WE GONNA TRANSITION INTO THAT, UH, EXISTING ROADWAY THAT, BECAUSE WE DON'T HAVE ANYTHING YET THERE YET. RIGHT, RIGHT. SO, UH, [02:55:01] BASED ON WHAT I'VE HEARD, WE'LL, LET'S HAVE TO STRIPE EVERYTHING TO MAKE IT TO WHERE IT TIES INTO THAT TWO LANE ROADWAY. OKAY. UH, THAT, BUT I'VE ALREADY ASKED THAT QUESTION. OKAY. SO, AND THEY SAID THEY COULD DEAL WITH STRIPING. IT'S GONNA GO FROM TWO FOUR TO 2 4, 2 4, 4, 5 TO TWO. YES. OH. MM-HMM . MM-HMM . HEY, ISN'T THAT GONNA BE LIKE SONIC? YEAH, TOTALLY. WHOA. BUT THAT'S UNTIL UNTIL THE NEXT, UNTIL THE NEXT PHASE GETS BUILT OUT THERE. YEAH, THAT'S JUST THE PHASE. OH, OKAY. IT'LL BE TEMPORARY. TEMPORARY, OKAY. YES. AND THEN ON THAT ROUNDABOUT THERE FOR A BUTTON AND GO FORTH WITH THE VIBE SIDEWALK GOING ACROSS THERE, WHAT SAFETY ARE THEY GONNA HAVE? SINCE IT'S SO CLOSE TO THE ROUNDABOUT WITH PEOPLE CIRCLING AROUND ROUNDABOUT SO FAST, NOT PAYING ATTENTION TO WHO'S GOT THE RIGHT OF WAY THAT THEY'RE NOT GONNA RUN SOMEBODY OVER THAT'S GOING ACROSS THAT VIBE TRAIL. WE HAVE THOSE, UH, UH, FLASHING BEACON LIGHTS AT EACH ONE OF THOSE LEGS TO HELP 'EM GET ACROSS. IT'LL BE ON EACH SIDE OF THE EACH. THERE SHOULD BE FOUR OF THEM THERE. OKAY. MM-HMM . WHERE BEACONS. ALRIGHT. ALL RIGHT. , CAN I GET SOME CLARIFICATION? UM, I THINK RIGHT NOW WE'RE DISCUSSING A ROUNDABOUT AS IF THAT'S THE PRESUMED UH, UH, INTERSECTION TYPE. BUT I THOUGHT AT LEAST I WAS UNDER THE IMPRESSION THAT, UH, THE MAJORITY OF COUNCIL, NOT INCLUDING MYSELF, UH, HAD ACTUALLY VOTED TO REDO ALL OF OUR INTERSECTION STUDIES. SO WE DON'T KNOW IF IT'S A ROUNDABOUT BEING PUT IN IN THAT INTERSECTION IN THE FIRST PLACE. THOSE WERE THE ORIGINAL PLANS, BUT WE'RE ACTUALLY REHASHING THAT OUT RIGHT NOW, WHICH IS ALSO WHY WE CAN'T GET A FIRM NUMBER ON WHAT THIS INTERSECTION MAY BE OR LOOK LIKE. UM, SO I DON'T WANT ALL OF OUR QUESTIONING TO BE UNDER THE UNDERSTANDING THAT WE HAVE TO PICK ISSUES WITH ANY OF THE TRAILS OR THE SIDEWALKS, UH, BECAUSE OF A SUPPOSED ROUNDABOUT THAT MAY OR MAY NOT BE THERE DEPENDING ON WHAT THIS COUNCIL DECIDES. UM, I THINK AS FAR AS THE REST OF IT GOES, I'M IN AGREEMENT WITH COUNCIL MEMBER HARRIS. UH, AND I THINK THERE ARE GOING TO BE A LOT OF WAYS IN WHICH THIS IS GOING TO BE GREAT FOR THE EAST SIDE IN TERMS OF BRINGING ABOUT LIKE, OTHER ABILITIES FOR PEOPLE TO GET IN AND OUT, UM, FOR CHILDREN TO HAVE A MUCH SAFER WAY TO GET TO AND FROM SCHOOL. UH, AND I DO THINK I RECOGNIZE AND UNDERSTAND THE ISSUES THAT MAYOR PROTE POINTED OUT, AND THAT IS ALSO A FAILURE OF THE STATE. UM, I THINK IT IS, UH, AGAIN, AND I THINK WE ALL AGREED ON THIS, LIKE OUR DUTY TO PROVIDE THAT SAFE TRANSPORTATION ABILITY FOR OUR STUDENTS. UH, AND I ALSO AGREE WITH COUNCIL MEMBER HARRIS, THAT I DON'T THINK THAT WE HAVE TO PUT THE, UH, WE HAVE TO UNDERGROUND THE UTILITIES, UM, ESPECIALLY IF IT DOESN'T INTERFERE NECESSARILY WITH ANY OF THE LIKE MAXIMUM WIDTHS OF THE TRAILS OR SIDEWALKS THAT ARE BEING SUGGESTED. UM, SO IF THAT IS NOT THE CASE, UH, IF YOU COULD JUST CLARIFY THAT AND THEN ALSO CLARIFY THAT IT'S NOT NECESSARILY A ROUNDABOUT AS WE'RE BEING DISCUSSED RIGHT NOW BECAUSE THE COUNCIL DECIDED NOT TO MOVE FORWARD WITH THOSE ORIGINAL PLANS. I DON'T KNOW WHAT THAT MEANS. I I DON'T THINK WE SAID THAT THERE WAS NOT GONNA BE ONE. THE EVALUATION STANDS ON ITS OWN. AND SINCE WE DON'T KNOW WHAT THAT EVALUATION IS, I THINK, UH, FOR, EVEN FOR ME, I'M GONNA ASK BECAUSE IN THIS SCENARIO THAT IT IS GONNA BE THERE, I'D LIKE TO HAVE THOSE QUESTIONS ASKED INSTEAD OF ASKING THEM IN THE FUTURE. UM, IN, IN THE EVENT THAT A ROUNDABOUT DOES GO THERE, I'M NOT, I DON'T THINK WE'RE ANTI ROUNDABOUT. WHAT WE'RE DOING IS REEVALUATING TO ENSURE THAT THAT'S THE SAFEST, UM, IT'S THE BEST OPTION FOR THAT AREA BECAUSE WHEN THESE REPORTS WERE EITHER NOT DONE AT ALL, OR WHEN THEY WERE DONE, THEY TOOK INTO CONSIDERATION THE ROUNDABOUT FIRST, UH, ORDINANCE, WHICH WAS NOT EVEN REALLY AN ORDINANCE, IT WAS JUST A NAME SOMEBODY MADE UP. AND SO THIS NEW REPORT'S GONNA TAKE INTO CONSIDERATION ALL FACTORS AND ELIMINATE THAT AS FAR AS BEING A REQUIREMENT TO PUT A ROUNDABOUT THERE FIRST. SO HOPEFULLY I UNDERSTAND THAT. BUT THE CONVERSATION THAT'S HAPPENING RIGHT NOW IS THAT WE'RE UTILIZING THE IDEA OF A ROUNDABOUT BEING PUT HERE AS THE WAY TO, UH, KIND OF DISCUSS WHETHER OR NOT THE TRAIL IS USEFUL OR IF IT SHOULD BE AMENDED, UM, IN ORDER TO FIT A ROUNDABOUT. BUT WHAT I'M JUST SAYING IS THAT WE NEED TO ALSO REMEMBER THAT WE'RE NOT CERTAIN THAT A ROUNDABOUT WILL GO THERE. SO ANY ISSUES THAT WE HAVE WITH ANY TRAILS AND HOW, OR SIDEWALKS AND HOW THEY MIGHT WORK WITH A ROUNDABOUT ARE ALSO JUST RIGHT NOW THEY'RE CONCERNS THAT ARE VALID TO HAVE, BUT WE CAN'T NECESSARILY USE THAT AS OUR, UH, BASIS OF JUDGMENT AS TO WHETHER OR NOT, [03:00:01] UH, IT IT'LL BE VIABLE. THE, THE TRAILS OR SIDEWALKS WILL BE VIABLE. I THINK THE REASON WE'RE DISCUSSING THE ROUNDABOUT BEING IN THAT PARTICULAR SPOT FOR BUTTON AND GO FORTH IS BECAUSE THERE'S AN EXISTING ROUNDABOUT THERE THAT WOULD DEFINITELY HAVE TO BE REBUILT, UM, FOR THIS NEW FIVE LANE ROAD TO BE ABLE TO GO THROUGH THERE. IT CAN'T STAY THE WAY IT IS, UM, FOR THAT FIVE LANE ROAD GOING THROUGH. AM I CORRECT LEON? THAT'S CORRECT. OKAY. COUNCIL MEMBER HARRIS, HERS DOESN'T MATTER. THE TRAIL'S GOING ACROSS THE ROAD, , IF IT'S A LIGHTED INTERSECTION, WE HAVE THE SAME ISSUES AS IF IT'S A ROUNDABOUT. UM, AND IT'S THE SAFETY OF THE PEOPLE CROSSING THERE. WE WILL ASSURE THAT THERE'S, THERE ARE, I'M SORRY, WHAT, WHAT ARE THE, THE SAFETY ISLANDS CALLED THAT? YOU PUT TABLE TABLES? YOU'RE TALKING ABOUT TABLES OR THE, UH, FLASHING BEACONS NOW THAT WHEN YOU PUT LIKE AN ISLAND BETWEEN THE REFUGE ISLAND TIME, THANK YOU. , UM, A REFUGE ISLAND THAT'S CORRECT. MIGHT BE THERE NO MATTER WHAT WE PUT THERE. UM, I, I DON'T THINK THE CONSTRUCTION OF THAT PARTICULAR ROUNDABOUT OR LIGHTED INTERSECTION, IT'S NOT GONNA BE A FOUR WAY STOP, WOULD BE MY BET. UM, IS REALLY THE QUESTION NOW. UM, YEAH, I THINK WE'RE JUST TRYING TO DECIDE WHAT SIZE SIDEWALK WE WANT. YEAH. AND THEN, YOU KNOW, I THINK THERE WAS LEGIT QUESTIONS REGARDING HOW THIS WOULD WORK IN THE EXISTING AREA BECAUSE THERE IS A ROUNDABOUT THAT'S ALREADY THERE. AND SO THOSE ARE VALID QUESTIONS AND IN THE EVENT THAT ROUNDABOUT IS PLACED THERE, OUR QUESTIONS HAVE ALREADY BEEN ASKED. SO, UM, WITH THAT SAID, I, I'M, I'M COMFORTABLE WITH A 10 FOOT SIDEWALK 'CAUSE THAT'S FAIRLY LARGE AND I THINK THAT'S WHAT A LOT OF THE DEVELOPERS ARE ALSO PUTTING IN. UM, BUT I THINK I WOULD OH, SORRY. NO, GO AHEAD. UM, I THINK I WOULD PREFER A 12 FOOT, ESPECIALLY IF WE KNOW THAT THE STATE WILL THEN REMOVE THE BUS ROUTES. UM, I THINK THE WIDER THAT WE CAN GET IT TO ALLOW FOR MORE STUDENTS TO BE ABLE TO BIKE TO AND FROM SCHOOL. IN ANTICIPATION OF THAT, INCREASED TRAFFIC ON THIS PATH, I THINK MAKES THE MOST SENSE, UM, BECAUSE THAT TWO FEET WIDTH WILL MAKE A DIFFERENCE IN TERMS OF ALLOWING MORE STUDENTS TO TRAVEL SAFELY ALONG THAT PATH. UM, WITH THE UNDERSTANDING THAT, UH, WILL HAVE INCREASED USE OF THAT PATH, UH, BECAUSE OF THE LOSS OF BUS SERVICE. I DON'T KNOW IF THERE IS THERE NOW THAT THAT WOULD AN INCREASE VERSUS WHAT WE'VE ALREADY HAD PLANNED BECAUSE THAT SHARED USE PATH THAT FOLLOWS THE LENGTH OF BUTTON WAS PLANNED AT 10 FEET. UH, THE VIBE TRAIL WAS A VERY SMALL COMPONENT ON THE FAR, UH, EAST SIDE, UH, RIGHT PAST THE, THE EXISTING ROUNDABOUT AND IS A, A RELATIVELY SMALL STRETCH. UM, I, I FEEL LIKE WITH THE AMOUNT OF FOOT TRAFFIC THAT IS ALREADY THERE AND HOW MUCH WOULD PROBABLY BE ENCOURAGED ONCE YOU KNOW ANY KIND YEAH. ANY KIND OF, WHATEVER WE DECIDE ON, UH, WIDTHWISE, I, I THINK IT'S BEST TO GO WITH, YOU KNOW, AT LEAST WHAT WE'VE GOT PLANNED AND MAINTAIN WHAT WE'VE, WHAT WE'VE STRATEGIZED AT A MINIMUM. BECAUSE I, I THINK MORE KIDS ARE GONNA BE USING THESE ONCE THEY'RE THERE. THEN WHAT WE'VE PROBABLY ANTICIPATED, IF I'M, I I GENERALLY I'M, I'M IN FAVOR OF UNDERGROUNDING THE UTILITIES JUST FOR THE AESTHETIC. UH, IF I'M FORCED TO SAVE SOME MONEY, I MEAN, THAT'S ROUGHLY 9% OF THE OVERALL PROJECT. UM, I'D, I'D RATHER NOT HAVE THE VISIBLE DISTRACTION FOR YOUNG DRIVERS. I MEAN, THERE'S, THERE'S A LOT OF FACTORS TO CONSIDER THAT, UH, BUT IT IS ALSO A LOT OF MONEY TO UNDERGROUND THE UTILITIES RIGHT THROUGH THERE. CAN WE, WHAT DOES IT LOOK LIKE TO UNDERGROUND LATER? I KNOW IF WE UNDERGROUND THE, THE ONE ON CENTER STREET LATER, IT'S GONNA CAUSE MORE ISSUES. IS IT GONNA BE LIKE THAT IF WE WAIT TO UNDERGROUND OVER ON IN THIS AREA AS WELL? LIKE, ARE WE GONNA HAVE TO TEAR UP THE SIDEWALKS IN ORDER TO UNDERGROUND? TYPICALLY YOU COULD BORE UNDERNEATH THE ROAD, FOR EXAMPLE, BUT THE SIDEWALK, IT WOULD BE EASIER JUST TO REMOVE AND REPLACE IF YOU HAVE TO DO ANY WORK IN THE SIDEWALK AREAS. I THINK WE HAVE ABOUT 15, 30 FEET ON THE NORTH SIDE LEFT. THAT WOULD THE, UH, WOULD THAT BE, WOULD THEY BE ABLE TO PUT THE UTILITIES UNDERGROUND THERE? UH, THAT WAS THE PLAN. OKAY. YEAH. I MEAN, SO I'M, WE COULD, UH, I MEAN, WE COULD UNDERGROUND IT LATER. I MEAN, THERE'S OTHER UTILITIES TOO THAT GONNA BE, LET'S BE REAL. IF WE DON'T DO IT NOW, WE'RE NOT GOING TO , LIKE YEAH, WE, YEAH, WE, IT'S, WE'RE ARGUING HYPOTHETICALS NOW AT THIS POINT. YEAH. OKAY. YOU WANNA MAKE THAT MOTION? [03:05:01] YES. SO YOU WANNA MAKE THAT MOTION? I, I'M, I'M CON CONFUSED. SO WE'RE TALKING ABOUT THE VIBE 12, THE PATH 10 AND THE SIDEWALK SEVEN, THAT FIRST ALTERNATIVE. I THINK HE SAID 10. WE HAVE ONE WOULD BE, THERE'S ONLY 800 FEET OF THAT IF THE VIBE. YEAH, SO THAT WOULD BE THAT SHE USED 10 SIDEWALK, SEVEN A SECOND. WAS THAT A MOTION? YES. MAKE A MOTION TO APPROVE THE RESOLUTION TO INCLUDE THE ITEMS THAT MAKE A MOTION TO APPROVE THE AGENDA ITEM THAT WE HAVE, INCLUDING THE FEATURES THAT ARE THERE VI TRAIL TO MAINTAIN AT 12 SHARED USE PATH AT 10, THE SIDEWALK AT SEVEN. LIKE WHAT, UH, COUNCIL MEMBER MCKINNEY SAYS TO GO AHEAD AND DO THE UNDERGROUND. I'LL SECOND. ALL RIGHT. DO YOU GUYS UNDERSTAND WHAT THAT DIRECTION IS? DO IT RIGHT THE FIRST TIME. I HAVE A MOTION BY MAYOR PRO TEM AND A SECOND BY COUNCIL MEMBER HARRIS. THEY'RE GONNA DO THE 10, THE 12, 10 AND SEVEN WITH UNDERGROUNDING MAYOR. AN ADDITIONAL POINT TO INCLUDE IN THE MOTION IS TO AUTHORIZE THE INTERIM CITY MANAGER TO EXCEED THE ORIGINAL BUDGET. OKAY. AND CAN YOU TELL US HOW MUCH THAT'S BY? HOW MUCH IS IT? OH, HOW MUCH ARE THEY EXCEEDING? UH, IT'S ON SLIDE 11, UH, 11.20. OKAY. COME OUTTA SOMETHING ELSE. OKAY. SO YOU NEED TO, CAN YOU ADD THAT TO YOUR MOTION TO EXCEED THE, TO GO AHEAD AND APPROVE THE AGENDA ITEM AS LISTED AS FAR AS THE ITEMS, AND TO EXCEED THE BUDGET TO THE UPDATED COST OF 11,220,000 THOUSAND. I'LL ACCEPT THAT. SECOND. DO I NEED TO DO ANYTHING ELSE? OKAY. OKAY. I GUESS WE'RE GONNA DO, I GUESS I'M GONNA DO A BROKE CALL JUST SO WE KNOW. PART OF THE ROAD BUN, IT'S, YEP, IT IS MEDINA, YES. FLORES KALE? YES. ZAPATA? YES. GZA? I AM VOTING NO BECAUSE I DISAGREE WITH THE UNDERGROUNDING TO, YES. MCKINNEY. YES. HARRIS, YES. OKAY. MOTION PASSES. SIX TO ONE. CAN CAN WE KIND OF HAVE A CONVERSATION WITH PEC TO SEE IF THEY'RE WILLING TO HELP US OUT A LITTLE BIT? I KNOW, I KNOW WE BRIEFLY TALKED ABOUT IT, BUT DID I HAVE A, JUST A QUESTION. COUNCIL MEMBER, HARRISON, YOU KNOW, I, I'VE BEEN HEARING THIS CONVERSATION ABOUT THE EAST SIDE IS BEING NEGLECTED. THERE'S NOT ENOUGH OF THE, OF OUR PROJECTS ON THE EAST SIDE. THIS JUST DOESN'T SEEM TO BE MAKING SENSE TO ME BECAUSE IT SEEMS TO ME LIKE ABOUT TWO THIRDS, MAYBE THREE QUARTERS OF THE BOND MONEY IS GOING TO EAST SIDE PROJECTS. IS THAT RIGHT? I MEAN, I SEE TONS OF CONSTRUCTION OVER THERE AND ONE LITTLE ROAD DONE HERE ON THE WEST SIDE. CAN YOU TELL ME WHAT THE DIFFERENCE IS WEST FIRST? I DON'T HAVE THE EXACT BREAKDOWN, BUT I THINK I, I WOULD AGREE WITH YOUR ASSESSMENT IF WE ADDED IT UP. WE'RE PROBABLY SPENDING MORE MONEY ON THE EAST SIDE THAN ON THE WEST SIDE A LOT MORE. YEAH. THANK YOU. YEAH, I LOVE IT. WE'RE BUILDING UP THE EAST SIDE AND HOPEFULLY, YOU KNOW, AT THE, AT THE END OF THE DAY, WE CAN BALANCE IT ALL OUT. WELL, IF YOU LOOK AT THE ORIGINAL BOND PLAN, THAT'S WHAT IT WAS. 76% OF THE ROADS WERE THERE. YEP. WERE FOR THE EAST SIDE. IT'S JUST NOW THAT IT, IT'S TAKING ALMOST FOUR YEARS THAT, YOU KNOW, WE'RE FINALLY MOVING FORWARD. WE GOT BB ROAD BEING DONE. WE GOT BB WEST BEING CONDUCTED. THANK YOU EVERYBODY FOR SUPPORTING THIS. NOW WE'RE GETTING BUNTON. SO IT SHOWS THERE THAT WE ARE NOW AS COLLABORATIVE AS A COUNCIL, REALLY SERIOUS NOW ABOUT GETTING, UM, ROADS CONSTRUCTED FOR EAST SIDE. SO FOR THOSE WHO ARE SAYING WE'VE STOPPED PROJECTS, I CAN REBOOK THERE NOW. ALL RIGHT, WE'RE [19) Consider approval of a Resolution regarding the scope reevaluation of the Center Street on-system and off-system projects included in the 2022 Road Bond Program, including: Selecting either the proposed 12-foot-wide Vybe Trail or a 6-foot-wide sidewalk; Determining whether electrical utilities should be relocated underground or remain overhead; and Authorizing the Interim City Manager to exceed the original budget by an amount established by the City Council to implement the approved project scope. ] ON AGENDA ITEM 19, CONSIDER APPROVAL OF A RESOLUTION REGARDING THE SCOPE [03:10:01] REEVALUATION OF THE CENTER STREET ON SYSTEM AND OFF SYSTEM PROJECTS INCLUDED IN THE 2022 ROAD BOND PROGRAM, INCLUDING SELECTING EITHER THE PROPOSED 12 FOOT RIDE, FIVE TRAIL, OR A SIX FOOT SIDEWALK, DETERMINING WHETHER ELECTRICAL UTILITIES SHOULD BE RELOCATED UNDERGROUND OR REMAIN OVERHEAD AND AUTHORIZING THE INTERIM CITY MANAGER TO EXCEED THE ORIGINAL BUDGET BY AN AMOUNT ESTABLISHED BY THE CITY COUNCIL TO IMPLEMENT THE APPROVED PROJECT. SCOPE ITEM PRESENTER, LEON, BARB, NOW WE MOVE TO THE WEST SIDE. YES, . THANK YOU MAYOR AND COUNCIL. LEON BARBARA, CITY ENGINEER PROJECT BACKGROUND, AS PART OF THE 2022 ROAD BOND PROJECTS, THE CENTER STREET PROJECT WILL IMPROVE THE ROAD FROM OLD STATE COACH ROAD TO MAIN STREET. THE PROJECT IS, UH, DIVIDED INTO TWO SEGMENTS, CENTER STREET ALL SYSTEM, WHICH IS GOES FROM OLD STATE COACH ROAD TO VETERANS DRIVE AND CENTER STREET ON SYSTEM, UH, WHICH GOES FROM VETERANS DRIVE TO MAIN STREET. UH, IF YOU'LL NOTICE THAT RED LINE, I WANTED TO MAKE A POINT ABOUT THAT, THAT RED LINE DESIGNATES THE, UH, TWO DIFFERENT PROJECTS. IF YOU'LL NOTICE THAT VETERANS DRIVE, UH, CENTER STREET INTERSECTION IS ON THE ON SYSTEM. AND THE REASON THAT WAS DONE IS BECAUSE IT WAS ALL PART OF THE TEXT TS ROADWAY SYSTEM. SO THAT'S WHY IT'S NOT INCLUDED ON THE OFF SYSTEM. UH, TO PLAN FOR THAT PARTICULAR INTERSECTION ON THE, UM, CENTER STREET ON SYSTEM IS TO INSTALL TRAFFIC SIGNALS THERE. ON AUGUST 27TH, 26TH, THE PRESENTATION WAS GIVEN TO COUNCIL TO REVIEW THE PEDESTRIAN INFRASTRUCTURE, PROPERTY IMPACTS AND POTENTIAL COST SAVINGS ON CENTER STREET CORRIDOR. COUNCIL DECIDED TO PAUSE UNTIL THE THREE ITEMS WERE WERE REVIEWED. PROVIDE A RESPONSE ON THE TEXAS HISTORICAL COMMISSION REVIEW VIBE, TRAIL ORDINANCE REVIEW AND VIBE TRAIL PRESENTATION THAT WAS DONE ON SEPTEMBER 10TH, 2026. ON SEPTEMBER 10TH, 2026, PRESENTATION WAS BROUGHT BACK TO COUNCIL TO REVIEW THE ENVIRONMENTAL CLEARANCE, PEDESTRIAN INFRASTRUCTURE, PROPERTY IMPACTS AND POTENTIAL COST SAVINGS ON THE CENTER STREET CARTER. AGAIN, HERE'S YOUR TYPICAL SECTIONS FOR THE OFF SYSTEM EXISTING CONDITIONS. IT'S THREE LANES, UH, A LITTLE BIT OF SIDEWALK THERE ON THE NORTH SIDE. UH, THE PROPOSED CONDITIONS ARE GONNA PUT A 12 FOOT, UH, VIBE TRAIL ON THE NORTH SIDE AND A SIX FOOT, UH, UH, SIDEWALK. ON THE SOUTH SIDE, WE'RE UP TO THREE LANES, KEEPING THE SAME THREE LANES AND PROPOSED CONDITION. WE WOULD GO OVERHEAD AND, UH, GO WITH A SIX FOOT SIDEWALK ON BOTH SIDES OF THE ROAD. THIS IS ON THE OFF SYSTEM. ON THE A ON SYSTEM. WE DO HAVE A SIDEWALK FOR MOST OF THE WAY ALONG THAT, UH, ON SYSTEM, UH, IT IS TWO LANES AND, UH, WHAT WE'RE PROPOSING IS TO GO THREE LANES FROM THE PROPOSED CONDITIONS WITH A 12 FOOT VIBE TRAIL ON THE NORTH SIDE AND A SIX FOOT, UH, SIDEWALK ON THE SOUTH SIDE, A PROPOSED CONDITION REVISED PEDESTRIAN FACILITIES, WE WOULD USE BOTH THE, UH, THE 12 FOOT SIDEWALK TO A SIX FOOT FROM THE NORTH SIDE FROM 12 TO SIX AND KEEP THE SIX FOOT ON THE SOUTH SIDE. HERE'S YOUR COST SAVINGS SUMMARIZED. UH, THE, UH, CONVERSION, UH, IS FOR THE CENTER STREET OFF SYSTEM. AS YOU CAN SEE THOSE NUMBERS THERE. THERE'S A CONVERSION FROM THE SIX TO THE SIX FOOT SIDEWALK FOR THE ON SYSTEM AND THE TOTAL THAT WE WOULD SAVE THERE. IF WE DID THAT, UH, RIGHT OF WAY EASEMENTS, WE WOULD NEED THOSE. SO THAT'S THE SAVINGS THAT WE WOULD HAVE ABOUT $80,000 IF WE MAINTAIN UTILITIES OVERHEAD OVER AT 4.8 MILLION FOR THE OFFICE SYSTEM. 2 MILLION FOR THE CENTER OF STREET ON SYSTEM TOTAL OF 6.8 MILLION FOR THAT. UH, FEW, FEW COSTS FOR CHANGES OBVIOUSLY, BUT UH, TO YOUR RIGHT ON THAT COLUMN, THAT'S THE POTENTIAL SAVINGS THAT WE COULD HAVE IF WE CHOSE TO GO, UH, WITH, UH, REDUCING THE SIDEWALK FROM 12 TO SIX AND ALSO GOING OVERHEAD. SO 5.4 MILLION ON THE OFF SYSTEM. 2.4 ON THE ODD SYSTEM. GRAND TOTAL OF $7.8 MILLION FOR BOTH PROJECTS. THE CONTRACTOR HAS ASKED TO SUSPEND THE CONTRACT BECAUSE OF THEIR INABILITY TO PERFORM INITIAL SCHEDULE PHASE WORK DUE TO POTENTIAL DESIGN CHANGES. UH, OBVIOUSLY THE UTILITY RELOCATION IS A BIG ONE. UH, AND UH, SO WHAT'S HAPPENED IS THAT HE WAS PLANNING TO START AT THE, THE WEST END OF THE PROJECT AT THE ROUNDABOUT, AND WE ASKED HIM NOT TO DO THAT. WE ASKED HIM TO PAUSE ON THAT TILL WE COULD STUDY IT. SO HE'S TRIED TO START IT ON THE EAST END OF THE PROJECT, BUT HE'S GOT UTILITY ISSUES THERE THAT HE CAN'T START. SO HE'S ASKING US TO PAUSE THE CONTRACT AND, UH, OF COURSE, AS YOU WELL KNOW, WE'RE STILL EVALUATING THE INTERSECTION AT CENTER STREET AND ALL STAGE COACH. HERE'S SOME NUMBERS THAT WE CAME UP WITH WHERE WE THINK COULD BE THE POTENTIAL MONTHLY COST FROM THE CONTRACTOR. IT'S BETWEEN 90 TO $140,000 A MONTH. UH, OF COURSE WE WOULD NEED TO DISCUSS THIS WITH A CONTRACTOR AND SEE WHAT TIMEFRAME HE'S THINKING AND WHAT TIME WE, WE CAN AGREE ON. UH, WE WOULD COVER THIS UNDER OUR, UH, UH, CONTINGENCY THAT WE HAVE SET ASIDE FOR THE PROJECT. UH, MINIMUM IMPACT, OF COURSE, IT, IT MAY TAKE US SIX MONTHS BEFORE WE CAN GET THE CONTRACTOR BACK AND BEFORE AND WHEN WE GAVE 'EM OUR DECISIONS ON WHAT WE'RE GONNA DO OUT THERE. AND AGAIN, THAT COST, IF YOU JUST MULTIPLY THESE 90,000 TIMES SIX IS FIVE 40. THE, UH, 140 TIMES SIX, IT'S 840,000. THAT WOULD BE THE POTENTIAL IMPACT IF WE PAUSE IT FOR ABOUT SIX MONTHS. [03:15:01] COUNCIL ACTION IS NEEDED. WE NEED COUNCIL DIRECTION ON HOW TO PROCEED WITH THE FINAL DESIGN FEATURES FOR CENTER STREET, BOTH THE AUT SYSTEM AND THE ON SYSTEM. UH, DO WE GO WITH A 12 FOOT VIBE OR DO WE GO DOWN TO A SIX FOOT SIDEWALK? DO WE OVERHEAD UTILITIES OR DO WE KEEP 'EM UNDERGROUND? AND AGAIN, UH, AUTHORIZE THE CITY MANAGER TO EXCEED THE ORIGINAL BUDGET BY THE AMOUNT ESTABLISHED BY COUNCIL TO IMPLEMENT THE SCOPE. LET'S LOOK AT THE OFF SYSTEM. UH, OPTION ONE, REDUCE THE VIBE TRAIL OPTION TWO, UM, I'M SORRY. OPTION ONE IS KEEP IT AS IT IS. OPTION TWO IS REDUCE THE 12 FOOT TO SIX FOOT AND KEEP OVERHEAD. OPTION THREE IS, UH, KEEP THE 12 FOOT VIBE, TRAIL AND OVERHEAD UTILITIES. AND YOU CAN SEE THE DIFFERENCE IN PRICES THERE. THIS IS THE ON ON SYSTEM. UM, ORIGINAL BUDGET WAS 10.2. THE ADDITIONAL COST FOR OPTION ONE IS 1.8 MILLION, SO THAT MAKES IT A $12 MILLION PROJECT. OPTION TWO TAKES IT UP TO, UH, REDUCES IT DOWN TO 9.6. OPTION THREE HAS IT AT 10.5. OPTION FOUR IS WE PAUSE THE PROJECT. THE 3.1 IS WHAT WE'VE SPENT SO FAR ON THE PROJECT. THESE ARE YOUR OPTIONS. OPTION ONE, KEEP UH, WITH THE ORIGINAL DESIGN PLANS, LEAVE IT AS IS OPTION TWO, REDUCE THE WIDTH OF THE VIBE TRAIL, MOVE UTILITIES FROM UNDERGROUND TO OVERHEAD. OPTION THREE, MOVE FORWARD TO MAINTAINING THE VI TRAIL AS IS AND MAINTAIN UTILITIES OVERHEAD. AND THEN WE WOULD NEED A IMMINENT DOMAIN TO ACQUIRE SOME ADDITIONAL, UH, EASEMENTS FOR THE UTILITY ON THE ON SYSTEM. AGAIN, KEEP THE ORIGINAL DESIGN, KEEP MOVING FORWARD WITH THAT. UH, OPTION TWO, REDUCE THE WIDTH OF THE VIBE TRAIL AND MOVE UTILITIES FROM UNDERGROUND TO OVERHEAD. OPTION THREE, MOVE FORWARD WITH MAINTAINING THE VIBE TRAIL AS IS AND UM, PUT THE UTILITIES OVERHEAD AGAIN, EMINENT DOMAIN MIGHT BE NEEDED FOR THOSE EASEMENTS. OPTION FOUR IS TO COURSE TO, TO PAUSE THE CENTER STREET ON SYSTEM PROJECT. GO BACK TO THIS. CAN YOU GO BACK TO THE, WELL THIS IS OFF SYSTEM, SO THE OFF SYSTEM, DO THEY BOTH STILL REQUIRE RIGHT AWAY? I THINK THERE'S ONE. I THOUGHT WE HAD THE RIGHT OF WAY FOR THE OFF SYSTEM. WE HAVE, WE HAVE THE RIGHT OF WAY FOR THE OFF SYSTEM. UM, WITH THE EXCEPTION THERE WAS STILL A FEW PEC EASEMENTS THAT WE WOULD NEED TO ACQUIRE IN ORDER TO GO UNDERGROUND WITH THE PEC UTILITIES. SO THERE WAS, THERE WAS LIKE, I DON'T KNOW, THREE OR FOUR THAT WE PUT ON HOLD. SO BESIDES THAT, THOSE ARE, THOSE ARE SMALL AREAS, BUT THERE WERE STILL SOME ADDITIONAL, UH, EASEMENTS REQUIRED. THAT MEANS YOU GUYS WILL PROBABLY COME BACK TO US WITH SOME EMINENT DOMAIN IF THEY DON'T WANNA THAT THAT IS, THAT IS POTENTIAL. AND I THINK, I THINK I MENTIONED BEFORE TOO, I THINK THERE'S AT LEAST ONE PROPERTY THAT WE ALMOST HAVE TO GO THROUGH THAT PROCESS BECAUSE OF THE, UH, SUBTITLED ISSUES. SO, OKAY. COUNCIL MEMBER HARRIS. SO ONE OF THE QUESTIONS WAS RELATED TO HISTORICAL SIGNIFICANCE. HAVE WE RESOLVED THAT? DO WE HAVE A REPORT BACK FROM THE STATE? TEXTTO MADE, UH, DID THE RESEARCH ON THAT. THEY DID A CATEGORICAL EXCLUSION FOR THAT PROPERTY AND THEY DETERMINED THAT THEY DID NOT, UH, CON NEED TO CONTACT THET TEXAS HISTORICAL COMMISSION. THEY MADE THAT DETERMINATION. SAID THAT TDO YES, THEY DID. THAT THEY HAD THE AUTHORITY TO DO THAT. AN AGREEMENT THEY HAVE FOR BOTH SECTIONS ON AND OFF OR JUST THEIR SE ON JUST, JUST THE, ON, ON, ON STREET ON UH, JUST THE ON SYSTEM PROJECT. WELL, THE HISTORICAL AREA REALLY IS THE OFF SYSTEM. DO WE HAVE HISTORICAL, IT'S AN ON SYSTEM. THE HISTORICAL IS ON SYSTEM, RIGHT? I DON'T KNOW IF THERE'S ANYTHING ON THE OFF SYSTEM, BUT THERE'S KNOW, THERE IS ON THE ON SYSTEM CATHERINE AND PORTERHOUSE. YEAH, ON SYSTEM. THAT'S THE ON SYSTEM. SYSTEM. ON SYSTEM, OKAY. YEAH. SO RIGHT WHEN YOU GET TO CENTER STREET, YEAH. VETERANS. OKAY. AND IF I MAY INTERJECT, UM, LILA KNIGHT DID WRITE IN AND UH, SHE HAD SOME OBJECTIONS ABOUT THE TEXT.STUDY THAT WAS DONE AND SHE ALSO HAD SOME OTHER COMMENTS THAT WHEN IT'S MY OPPORTUNITY, I'LL BE READING, GO AHEAD. OKAY. WERE YOU FINISHED? NO, YOU GO AHEAD. COUNCIL MEMBER HARRIS? UH, YES. OKAY, THANK YOU. I'M NOT GONNA READ THE ENTIRE THING, SO I'M GONNA PICK THROUGH SOME EXCERPTS. UM, SHE SAYS FIRST NO ONE HAS CONTACTED THE PROPERTY OWNERS ABOUT THE PLAN, THE PLANS FOR THE VIBE TRAIL AND UNDERGROUND UTILITIES. UH, THE UNDERGROUND UTILITIES WILL REQUIRE THE DESTRUCTION OF NUMEROUS TREES AND LANDSCAPING AT THE CATHERINE PORTER HOUSE. IT WILL REQUIRE THE RELOCATING OF OUR UNDERGROUND IRRIGATION SYSTEM. UM, SHE GOES ON TO SAY THERE WAS NO MENTION OF STAFF MEMO OF ANY CONTACT WITH THE [03:20:01] TEXAS HISTORICAL COMMISSION. NEITHER HAS THE TEXAS HISTORICAL COMMISSION CONTACTED US OR THE HAYES COUNTY HISTORICAL COMMISSION. UM, SHE DID FINALLY GET THE FEDERAL TRANSPORTATION CODE DOCUMENT AND SHE SAYS THAT THERE ARE NUMEROUS ERRORS. UM, SHE SAID THE DOCUMENTS REQUIRED INFORMATION REPEATEDLY HAD A COPY AND EDIT NOTATION THAT THAT IS NOT SUFFICIENT. SHE SAYS THE AREA BETWEEN BURLESON AND VETERANS WAS PLATTED IN 1883. IT IS THE SECOND OLDEST PLAT IN KYLE. THE STREET IS LINED WITH HISTORIC HOMES, MANY OF WHICH ARE ASSOCIATED WITH SIGNIFICANT HO HISTORIC PEOPLE IN KYLE. A 12 FOOT CONCRETE SIDEWALK WILL DESTROY THE HISTORIC SETTING, FEELING AN ASSOCIATION PER THE SECRETARY OF THE INTERIOR'S GUIDANCE. IN ADDITION, NO ONE IS BOTHERED TO EVALUATE WHETHER OR NOT THE NEIGHBORHOOD IS A POTENTIAL HISTORIC DISTRICT. YOUR CONSULTANTS HAVE FAILED TO REACH OUT TO PROPERTY OWNERS OF HISTORIC HOMES. AND AGAIN, I DO WANT TO REITERATE THAT THESE ARE NOT MY WORDS. THESE ARE FROM A RESIDENT. UM, SHE SAYS, IN ADDITION TO THE CATHERINE ANNE PORTER HOUSE, THERE IS A RARE TEA PLAN HOUSE AT THE CORNER OF SLEDGE AND CENTER. IT FACES SLEDGE STREET. I DO NOT BELIEVE THAT THERE IS ENOUGH SPACE FOR A 12 FOOT SIDEWALK WITH UNDERGROUND UTILITIES. IT MAY REQUIRE DEMOLITION OF PART OF THE HOUSE. I BELIEVE WE HAVE NOT HAD TO DEMO DEMO ANY HOUSES, CORRECT? THAT'S CORRECT. OKAY. UM, I WAS ALSO APPROACHED BY ANOTHER RESIDENT THAT SAID THAT THE NOISE AND TRAFFIC GOING BY THE CATHERINE ANN PORTER HOUSE MAY DISRUPT THE RIDER THAT ARE THERE, THAT IS SEPARATE FROM THIS. UM, AND THEN SHE KIND OF JUST GENERALLY DISCOURAGES THE, UH, THE 12 FOOT TRAIL ALONG DOWNTOWN BECAUSE OF DESTROYING THE, THE HISTORICAL LOOK OF IT. UM, AND I MEAN, I HAVE MY, MY QUESTIONS ABOUT THAT TOO. I ALSO QUESTION WHETHER THE VIBE TRAIL IS REALLY VIABLE TO GO ON THE ROUTE THAT WE HAVE IN DOWNTOWN BECAUSE THERE'S A LOT OF PROBLEMS JUST ON THE SOUTH MAIN STREET ROUTE THAT'S COMING IN AND WHAT WE NEED TO DO WITH THAT. SO IT'S KIND OF LIKE, I THINK THERE NEEDS TO BE QUESTIONS ABOUT WHETHER THAT IS ACTUALLY EVEN VIABLE. SO IF WE PUT THIS 12 FOOT TRAIL DOWN THERE, THEN CAN WE REALLY ROUTE THE REST OF THE TRAIL DOWN TO THAT IN A USABLE MANNER? UM, SO THAT'S JUST KIND OF MY THOUGHT PROCESS ON THAT AND SOME OF THE FEEDBACK FROM ONE OF THE RESIDENTS WHO LIVES DOWNTOWN. THANK YOU. YEAH. WE'VE ALSO RECEIVED AN EMAIL FROM, UM, MS. KATE JOHNSON AS WELL, AND SHE WAS CONCERNED ABOUT THE, THE DOWNTOWN AND THE HISTORIC WORK IN THE FIELD. UM, I I DON'T KNOW IF WE NEED TO GO TO THE ON SYSTEM RIGHT NOW. I THINK, I MEAN, IS IS THAT WHAT WE SAW THAT WAS GONNA COST US 540,000 IF WE PAUSED IT OR IS THAT THE OFF SYSTEM? THAT'S THE OFF SYSTEM. OKAY. OKAY. I'M OKAY MOVING FORWARD WITH THE OFF SYSTEM. ALRIGHT, BUT YOU'RE SAYING THEY THEY WANT US TO PAUSE IT? YES, BECAUSE THEY HAVE NO PLACE TO WORK BECAUSE THE UTILITIES ARE IN THE WAY AND IT'S PART OF THEIR CONTRACT, BUT WE'VE TOLD 'EM TO STOP. SO IF WE SAY, OKAY, MOVE FORWARD, UH, THEY'RE STILL GONNA WANNA PAUSE IT, THEY'LL NEED SOME TIME TO MOVE THE UTILITIES THAT THE UTILITIES, WE HAD TO MAKE A DECISION WHETHER IT'S OVERHEAD OR UNDERGROUND. OKAY. BUT YOU'RE TELLING US THAT THE UTILITIES HAVE TO BE MOVED IN ORDER TO DO THE 12 FEET? THEY'LL HAVE TO BE MOVED. YES. WHAT IF WE DO 10 FEET? WE PROBABLY WILL HAVE TO BE MOVED. YEAH, JUST, JUST TO CLARIFY, I MEAN THE UTILITIES ARE GONNA HAVE TO GET MOVED REGARDLESS OF WHAT WE SELECT. IF IT'S A SIX FOOT SIDEWALK OR A 12 FOOT VIBE, I MEAN, WE DO NEED TO DO UTILITY LOCATION. UM, SO I MEAN THAT'S JUST A GIVEN. IT'S JUST A MATTER OF WHERE, IS THAT WHERE THEY'VE ALREADY COMMITTED TO WE MOVING TO? EXCUSE ME. IS THAT BECAUSE WE'VE ALREADY COMMITTED, LIKE WHAT'S THE REASON THAT WE HAVE TO, WHY WE HAVE TO MOVE THE UTILITIES? UH, BECAUSE THE UTILITIES ARE, ARE IN CONFLICT WITH THE PROPOSED PROJECT. THE ROAD ROADS. OH, THE ROADS, OKAY. YEAH. YEAH. I MEAN IT'S NOT, IT'S NOT JUST RELATED TO THE VIBE. AND GO AHEAD. AND JUST TO CLARIFY ONE THING, I GUESS. UM, BY REDUCING THE VIBE TRAIL FROM A 12 TO A SIX, I MEAN THAT DOES HELP FACILITATE KEEPING A PEC OVERHEAD. SO IF WE KEPT VIBE AT 12 FOOT, UM, THAT WOULD MAKE THINGS MORE DIFFICULT, I GUESS TO, UH, TO TRY TO MAINTAIN THAT OVERHEAD PEC LINE. JUST TO CLARIFY THAT. SO, AND FOR CLARIFICATION, THE DIFFERENCE IS IS IF WE ASK PEC TO RELOCATE UNDERGROUND, THEN THE CITY IS RESPONSIBLE BECAUSE IT'S CONSIDERED BEAUTIFICATION. BUT IF WE JUST ASK THEM TO RELOCATE AND STAY OVERHEAD, THEN PEC IS ON THE HOOK TO PAY FOR THAT RELOCATION, IF THAT MAKES SENSE. COUNCIL MEMBER HARRIS, WE WOULD RELOCATE THEM TO WHERE IF WE RE RELOCATED THE LINES, IF THEY STAY OVERGROUND, THEY WOULD JUST MOVE AWAY FROM RIGHT. WE WOULD BUILD THE SIDEWALK AND WE WOULD MOVE THEM FURTHER INTO THE PROPERTY, IF THAT MAKES SENSE INTO THE, THE PROPERTY. [03:25:01] SO, OKAY. COUNCIL MEMBER MCKINNEY. WELL, AND YOU KNOW, TALKING ABOUT THIS OFF SYSTEM, LET'S, LET'S BE REAL ABOUT WHAT WE ARE TALKING ABOUT BEAUTIFYING, AND THAT'S FOR THE MOST PART IT'S GREG CLARK PARK. UM, IF THERE, IF THERE'S ANY STRETCH OF THIS ROAD BOND DISCUSSION THAT I THINK DESERVES SOME UNDERGROUNDING OF UTILITIES, IT'S RIGHT THROUGH THERE. UM, I THINK THE, THE 12 FOOT VIBE HELPS CONNECT, UH, SOME OF THOSE WEST SIDE, UH, NEIGHBORHOODS TO OUR PARK. IT HELPS ACTIVATE, UH, OUR TWO VETERANS ORGANIZATIONS. I THINK THERE'S A LOT OF BENEFIT THAT CAN BE SAID FOR INCLUDING THE VIBE AND UNDERGROUND UTILITIES. FOR THIS SECTION. I AGREE WITH YOU THAT WE SHOULD HOLD OFF ON THE ON SYSTEM, UM, FOR THE SAKE OF KEEPING THINGS MOVING ALONG. MM-HMM . I'D LIKE TO MAKE A MOTION TO, UH, APPROVE OPTION ONE FOR OFF SYSTEM MAINTAINING THE VIBE IN UNDERGROUNDING UTILITIES AND HOLDING OFF ON THE ON SYSTEM TILL FOR FUTURE DISCUSSION. SO ONE AND FOUR SECOND, IS THAT WHAT YOU'RE SAYING? YES. OKAY, SO I JUST WANNA CLARIFY. OKAY, SO WE HAVE A MOTION FOR OPTION ONE AND OPTION FOUR BY COUNCIL MEMBER MCKINNEY AND THEN A SECOND BY COUNCIL MEMBER ADA MAYOR, SAME THING HERE. OH YEAH, YOU'RE GONNA HAVE TO INCREASE AND INCLUDING THE, CAN YOU GIVE US THE AMOUNT, THE, THE ADDITIONAL 16.7 MILLION BASED ON THIS ESTIMATE ON SLIDE NUMBER 10, INCLUDING THE ADDITIONAL 16.7 MILLION BEYOND BUDGET? CAN I SECOND THAT? STILL? SECOND. OKAY. ALL RIGHT. LET'S GO AHEAD AND DO A ROLL CALL VOTE. CAN I ASK THE QUESTION REAL FAST? SURE. CAN I JUST CONFIRM THAT THE OPTION THAT SELECTED IS NOT GOING TO IMPACT THE FRANKIE'S TREE? THINK YOU WILL. UH, NO, THAT'S OLD STAGE COACH ROAD. THAT'S A DIFFERENT PROJECT. OKAY. IT'S AT THE SAME PLACE AND IT WILL NOT, THERE'S JOHN FRANKIE STREET. WE'RE NOT GONNA BE ON ON SYSTEM YET, FRANKIE, SO WE DON'T HAVE TO WORRY ABOUT THOSE. IT'S JUST GONNA BE, SO LITERALLY IT'S GONNA BE FROM STAGE COACH UNTIL GREAT CLARK PARK OR CENTER STREET AND, AND VETERANS. SO THAT'S ALL THAT'S GONNA BE DONE. AND WHEN WE GET MOVE FORWARD WITH THE ON SYSTEM, THEN WE CAN TALK ABOUT DOWNTOWN C COUNCIL MEMBER. YOU MENTIONED FRANKIE, I WAS THINKING YOU WERE TALKING ABOUT DON. FRANKIE, HE DOES HAVE A TREE IN FRONT OF HIS PROPERTY THAT HE'S WORRIED ABOUT, BUT IF WE DON'T DO THE, WE PAUSE THE ON SYSTEM, THAT'S NOT GONNA BE AN ISSUE. OKAY. THANK YOU. ALRIGHT. ALL RIGHT. ROLL CALL VOTE MCKINNEY. YES. GZA? YES. HARRIS? YES. FLORES. KALE? YES. MEDINA? NO. ZAPATA? YES. TOBIAS? YES MA'AM. OKAY. MOTION PASSES. SIX TO ONE. THANK YOU. ALL RIGHT, THANK YOU. ALL RIGHT. UM, NEXT THIS AGENDA, ITEM 20. IT'S LIKE EAST SIDE AND WEST SIDE ONE. YEAH, I MEAN, THIS IS A GOOD DAY. THIS IS HAPPY WE GOT TRAILS GOING ON BOTH SIDES. ALL RIGHT. I'M NEXT. CONSIDER DIRECTING THE INTERIM CITY MANAGER TO BRING BACK A RESOLUTION REGARDING RECORD KEEPING FOR EXECUTIVE SLASH CLOSED SESSION COUNCIL MEETINGS. NUMBER 2127. OKAY, SORRY. YES, WE PULLED UP 27. YOU'RE RIGHT. AND THEN, UH, ALL RIGHT, MY BAD. THE ONES FROM CONSENT. ALL RIGHT, WE'RE, WE'RE GONNA PULL UP 27. SIX AND SEVEN. MM-HMM . ALL RIGHT. SO WE'RE GONNA PULL UP SIX AND SEVEN AND THEN 27. SO CONSIDER APPROVAL OF [6) Consider approval of a Resolution ratifying a previously submitted grant application, for which the deadline was August 24, 2026, to the U.S. Department of Justice for the FY2026 Community Oriented Policing Services (COPS) Community Policing Development: Microgrant for Unmanned Aerial Systems in an amount up to $200,000.00, with no local match required, for patrol drones and an integrated equipment storage and asset-management system.] [7) Consider approval of a Resolution ratifying a previously submitted grant application, for which the deadline was September 3, 2026 to the U.S. Department of Justice for the FY 2026 Community Oriented Policing Services (COPS) Safer Outcomes: Enhancing Crisis Response Training for Law Enforcement Program in the amount up to $350,000.00, with no local match required, for an interactive simulating training system. ] A RESOLUTION RATIFYING A PREVIOUSLY SUBMITTED GRANT APPLICATION FOR WHICH THE DEADLINE WAS AUGUST 24TH, 2026 TO THE US DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 2026. COMMUNITY ORIENTED POLICING SERVICES, COMMUNITY POLICING DEVELOPMENT MICRO-GRANT FOR UNMANNED AERIAL SYSTEMS AND AN AMOUNT UP TO 200,000 WITH NO LOCAL MATCH REQUIRED FOR PATROL DRONES AND INTEGRATED EQUIPMENT STORAGE AND ASSET MANAGEMENT SYSTEM. AND ALSO CONSIDER APPROVAL OF A RESOLUTION RATIFYING A PREVIOUSLY SUBMITTED GRANT APPLICATION FOR WHICH THE DEADLINE WAS SEPTEMBER 3RD, 2026 TO THE US DEPARTMENT OF JUSTICE FOR THE FISCAL YEAR 2026. COMMUNITY ORIENTED POLICING SERVICES, SAFER OUTCOMES ENHANCING, UH, CRISIS RESPONSE TRAINING FOR LAW ENFORCEMENT PROGRAM, AND THE AMOUNT UP TO 350,000 WITH NO LOCAL MATCH REQUIRED FOR AN INTERACTIVE SIMULATING TRAINING SYSTEM. UM, IF WE CAN JUST GET A BRIEF BREAKDOWN OF THAT AND THEN WE'LL GO AHEAD AND, AND BRING UP 27 SO THAT WAY WHEN WE TALK ABOUT 27, WE HAVE AN IDEA OF WHAT WE'RE TALKING ABOUT WITH ITEM SIX AND SEVEN. ABSOLUTELY. UM, I, I CAN DO THAT VERY EASILY. SO THEY'RE NOT RELATED IN ANY WAY WHATSOEVER. UM, IF THAT'S THE QUESTION, THIS IS NOT FLOCK RELATED, IF THAT'S REALLY THE QUESTION. THIS IS NOT A FLOCK RELATED ITEM. THIS IS NOT A LICENSE PLATE [03:30:01] READER RELATED ITEM. THIS IS SOMETHING TOTALLY DIFFERENT. DOES THAT ANSWER THE QUESTION OR YOU WANT A LITTLE ? NO, I THINK SOME OF THE QUESTIONS PERTAINING TO ITEM NUMBER SIX WITH THE, UM, PATROL DRONES. YES. THERE WOULD BE THE FOUR PATROL DRONES. YES. AND THEY WOULD JUST LIVE WHERE VARIOUS, UM, VARIOUS PATROL CARS. YES. AND THEN YOU JUST SAID THAT THEY WOULD NOT BE TIED TO THE FLOCK SYSTEM. CORRECT. UM, SO WHERE WOULD THAT DATA BE? IT STAYS WHAT, WHATEVER IT RECORDS. IT CAN GO INTO OUR AXON STORAGE, JUST LIKE OUR BODY CAMS DOES. IT'LL GO INTO THE SAME STORAGE LOCATION. AND IS THAT UNDER ANY KIND OF CONTRACT? WELL, WE DON'T HAVE ANYTHING YET. WE JUST APPLIED FOR A GRANT. I SHOULD WE GET THEM? SHOULD WE GET IT? UH, YEAH, I WOULD, I WOULD THINK THAT WE WOULD HAVE A CONTRACT WITH WHATEVER COMPANY WE GO WITH. WHEN I SAID AXON, I DIDN'T MEAN THAT IT WOULD BE AN AXON EVEN DRONE. I DON'T THINK THAT'S WHAT IT'S EVEN GONNA BE. AXON MAINTAINS A STORAGE LOCATION FOR US AND WE WOULD LIKELY UPLOAD THAT VIDEO JUST LIKE WE UPLOAD THE VIDEO FROM SAY HEB MM-HMM . WHEN WE GET THEIR VIDEO OF A THEFT. RIGHT. IT GETS UPLOADED INTO THE AXON STORAGE, CLOUD STORAGE. ANY VIDEO WE GET FROM THIS WOULD LIKELY BE IN THE SAME PLACE. AND IF THE GRANT WERE TO RUN OUT OR NO LONGER BE, UM, AVAILABLE, THEN HOW WOULD THAT BE FUNDED? UH, EITHER WE WOULD RETURN WHATEVER IS NECESSARY TO RETURN OR WE WOULD END ANY CONTRACTUAL OBLIGATIONS THAT MAY FOR LIKE MAINTENANCE AND AND SUCH. OKAY. I DON'T KNOW IF ANYBODY ELSE HAD ANY QUESTIONS. ANY OTHER QUESTIONS? I'LL SAY GO AHEAD. COUNCIL MEMBER GZA. SO ARE THESE GOING TO BE LEASED OR OWNED? UM, IT JUST DEPENDS ON WHAT BIDS WE GET IN. THIS WAS JUST ASKING FOR THE PERMISSION TO APPLY FOR THE GRANT. WE HAVEN'T GONE OUT AND SOLICITED BIDS OR QUOTES. WE HAVE A GENERAL IDEA OF WHAT THEY COST, BUT WE WOULD ACTUALLY GO THROUGH THE PROCUREMENT PROCESS BECAUSE OF THE AMOUNT. OKAY. UM, AND WE COULD LOOK AT THE DIFFERENT OPTIONS AND THEN, AND WE, I WANT TO ADD THAT BEFORE WE WOULD, IF WE ARE AWARDED THIS GRANT, WE WILL CERTAINLY COME BACK TO COUNCIL TO ASK PERMISSION TO ACCEPT THE GRANT AND THEN WE WOULD FOLLOW ANY OF THE PROCUREMENT PROCESSES THAT THE CITY HAS IN PLACE. SO WE, WE WOULD, THERE, THERE ARE PLENTY MORE STEPS DOWN THE ROAD. THIS IS JUST RATIFYING THE, OUR OPPORTUNITY TO APPLY FOR THAT GRANT, SEE IF WE GET THE FUNDING. OKAY. AND SO SINCE WE'RE RATIFYING IT LATE, DOES THAT MEAN IT'S ALREADY BEEN SUBMITTED? YEAH, IT WAS DUE BACK IN AUGUST AND WE COULDN'T GET IT ON AN AGENDA AND TIME TO, TO ASK PERMISSION. SO THIS IS SAYING CAN WE HAVE YOUR PERMISSION FOR SOMETHING THAT WE'VE ALREADY APPLIED FOR? AND IF YOU SAY NO, WE'LL JUST WITHDRAW THE APPLICATION. OKAY. IF YOU SAY YES, WE'LL LET IT RUN THROUGH AND SEE IF WE GET THE AWARD. OKAY. AND IF WE GET THE AWARD THEN WE'LL HAVE TO GO THROUGH ALL OF THE PRICING AND GO THROUGH THE PROCUREMENT PROCESS AND BRING ALL THAT FORWARD AS NECESSARY. WILL THESE REPLACE DRONES THAT WE ALREADY HAVE? THEY WILL. SO WE HAVE FOUR DRONES, UH, WHAT WE CALL PATROL DRONES. UH, SOME MANY PEOPLE CALL 'EM TRUNK DRONES OR PATROL OFFICER FIELD DRONES. WE HAVE SOME, UH, OVER THE LAST SEVERAL YEARS, THE, THE FEDERAL GOVERNMENT AND THE STATE OF TEXAS HAS DEEMED SOME OF THE, SOME OF THE DRONES, UM, AS NOT ACCEPTABLE TO CONTINUE TO USE. THEY DIDN'T BAN THEM, THEY JUST SAID YOU CAN'T SERVICE THEM AND THE COMPANIES THAT SERVICE 'EM WILL NO LONGER PROVIDE SERVICE TO 'EM. AND WHEN THEY GO OUT OF COMMISSION, YOU CAN'T REPLACE 'EM WITH THE SAME BRAND. SO WE WOULD BE GETTING RID OF SOME OF THE DRONES THAT ARE ON THAT LIST AND GETTING DRONES THAT ARE ON THE LIST, UH, AUTHORIZED FOR LAW ENFORCEMENT USE. OKAY. AND THEN THE DRONES THAT YOU HAVE CURRENTLY, ARE THOSE OWNED OR ARE THEY LEASED? UH, WE OWN THE PATROL DRONES THAT WE CURRENTLY HAVE. OKAY. UM, I THINK THAT CONCLUDES MY QUESTIONS ON THAT ONE. THANK YOU. OKAY. YES MA'AM. ALRIGHT, ANY OTHER QUESTIONS? UH, I DO COUNCIL, GO AHEAD. COUNCIL MEMBER ADA. UM, CAN YOU EXPLAIN WHAT THE UNMANNED AERIAL SYSTEM IS AND HOW THAT DEFERS FROM THE DFR THAT WE HAVE? UM, UAS IS IS TYPICALLY A TERM USED FOR ANY KIND OF DRONE, BUT TO DIFFERENTIATE BETWEEN THE TWO, A DRONE IS A FIRST DRONE IS FIRST RESPONDER IS IS. AND WE HAVE TWO OF THOSE, THEIR LARGER, THEIR CONTROLLED FROM OUR PUBLIC SAFETY CENTER AND OUR REAL-TIME CRIME CENTER. AND THOSE PILOTS FLY IT FROM, BASICALLY FROM A COMPUTER. THESE DRONES ARE, ARE THE ONES THAT WOULD BE KEPT IN A PATROL CAR. THEY'RE, THEY'RE SMALLER AND THEY'RE THE KIND THAT ALMOST THEY'RE ABOVE THE ENTHUSIAST GRADE THAT THE ENTRY LEVEL ENTHUSIAST GRADE, BUT THERE'S STILL A PORTABLE DRONE. THEY'RE, THEY'RE FLOWN WITH A HANDHELD CONTROL DEVICE, UH, OUT IN THE FIELD. THEIR DIRECT LINE OF SIGHT, SOMEBODY IS WATCHING THE DRONE FROM THE GROUND, THEY'RE VIEWING IT AS IT IS FLYING AROUND THE SCENE. WHEN WE'RE LOOKING FOR, FOR SUBJECTS WHO HAVE FLED, MISSING CHILDREN, YOU NAME IT, THE DRONE IS FIRST RESPONDER IS ABLE TO USE A RADAR SYSTEM AND IT CAN FLY BEYOND THE LINE OF SIGHT. THOSE ARE MUCH, MUCH LARGER. DRONES CAN FLY MUCH FURTHER AWAY FROM THE CONTROLLER, HAVE BIGGER BATTERIES, LONGER FLIGHT TIME AND SUCH. OKAY. UM, I THINK MY NEXT QUESTION IS REGARDING THE CONTRACT THAT WE WOULD HAVE TO ENTER INTO WITH WHICHEVER COMPANY IT IS THAT'S ULTIMATELY CHOSEN. UM, AT THE END OF THAT, IT IS IT LIKELY THAT [03:35:01] KPD WOULD COME AND ASK FOR A CONTINUANCE OF THAT CONTRACT, ESPECIALLY IF THIS IS MEANT TO REPLACE DRONES. SO THEN IF WE DIDN'T RENEW THAT CONTRACT, YOU WOULD NOT HAVE ANY OF THE, UH, UNMANNED AERIAL SYSTEMS. UM, IT'S LIKELY THAT WE MAY FIND DRONES THAT WE CAN PURCHASE WITHIN THE GRANT FUNDED AMOUNT. AND THE ONLY AMOUNT THAT MIGHT BE NECESSARY, SAY BEYOND THIS TWO YEAR, THIS IS A TWO YEAR GRANT BY THE WAY. THE ONLY THING THAT WE MIGHT, IF WE WERE TO PURCHASE THOSE DRONES, UH, THAT WE WOULD ASK TO CONTINUE WOULD BE ANY SERVICE CONTRACTS. OR YOU MIGHT, YOU SEE THAT IT HAS INTELLIGENT LOCKERS AND A DIGITAL ASSET MANAGEMENT SOFTWARE. IF THERE'S SOME KIND OF MAINTENANCE THAT GOES ALONG WITH THAT SOFTWARE, WE MIGHT ASK FOR THAT. I WOULD SUSPECT THAT WOULD BE A VERY SMALL AMOUNT COMPARED TO WHAT YOU SEE HERE IS AN UP TO 200,000 THAT WE COULD ASK FOR. SO I DON'T THINK WE'RE, I DON'T THINK OUR INTENTIONS ARE TO LEASE VERY EXPENSIVE DRONES AND, AND CONTINUE THOSE INTO PERPETUITY. I THINK OUR PLAN IS TO TRY TO FIND FOUR DRONES THAT WE CAN PURCHASE WITHIN THIS AMOUNT AND THEN LIKELY HAVE SOME KIND OF SMALL SERVICE AGREEMENT THROUGHOUT THAT PERIOD. AND THEN BEYOND IF NECESSARY. DO WE HAVE AN IDEA OF WHAT EXACTLY THE INFORMATION THAT'S CURRENTLY COLLECTED ON OUR CURRENT DRONES ARE? VIDEO GPS LOCATION? UH, YOU'RE TALKING ABOUT THE FIELD DRONES OR ARE YOU TALKING ABOUT OUR, OUR DFR? I'M SORRY. THE FIELD DRONES. LIKE WHAT TYPE YEAH, FIELD JUST VIDEO TYPE OF METADATA. DOES IT? YEAH. BUT DOES IT LIKE TRACK ANYBODY WHO'S IN IT? DOES IT IDENTIFY INDIVIDUALS? DOES IT LABEL WHETHER THEY'RE MOVING OR NOT? I GUESS I'M JUST TRYING TO UNDERSTAND YEAH. THE METADATA UNDERNEATH IT. YEAH. I DON'T, I DON'T KNOW THAT THE, THE CURRENT ONES THAT WE HAVE, 'CAUSE THEY'RE QUITE A BIT OLDER. THEY'RE, THEY'RE A MUCH OLDER TYPE OF AIRCRAFT AND I DON'T THINK THEY HAVE ANY OF THAT TECHNOLOGY TO LIKE TRACK LIKE YOU TRIANGULATE A VEHICLE OR PUT A BOX AROUND A VEHICLE AND SAY, FOLLOW IT. THAT IS TECHNOLOGY THAT'S OUT THERE IN TODAY'S DRONES, FOR EXAMPLE, IF YOU WANNA FOLLOW AN INDIVIDUAL WALKING OR RUNNING THROUGH THE WOODS THAT'S RUNNING FROM LAW ENFORCEMENT, TODAY'S CAMERA SYSTEMS, MOST OF 'EM HAVE A PLACE WHERE YOU CAN, YOU'VE ALL SEEN IT ON TV. YOU PUT A BOX AROUND THAT, THAT ITEM THAT YOU WANNA FOLLOW AND IT'LL FOLLOW IT. SO YEAH, THAT, THAT'S KIND OF TYPICAL DRONE TECHNOLOGY. I'M NOT SURE IF THESE CURRENT ONES HAVE THAT OR NOT, BUT THEY'RE, THEY'RE THE TYPICAL ENTHUSIAST STYLE. OKAY. SO THAT MEANS THAT THE POTENTIAL FOR THESE NEW DRONES TO TRACK INDIVIDUALS OR TRACK VEHICLES THAT ARE DESIGNATED OR MARKED IS POSSIBLE. AND IT MIGHT BE EVEN MORE POSSIBLE THEN THAT THERE ARE SPECIFIC METADATA THAT IS CAPTURED ABOUT THAT INDIVIDUAL OR THAT VEHICLE, UM, THAT'S GOING TO BE SAVED AND PROCESSED IN WHATEVER DIGITAL ASSET MANAGEMENT IT IS THAT WE USE. YEAH, I THINK THAT'S VERY LIKELY, YES. OKAY. THANK YOU. YES, MA'AM. I COULD, MAYBE, CORRECT ME IF I'M WRONG, BUT HOW THESE DRONES WORK IS, LET'S SAY THERE'S A TRAFFIC STOP OR THERE'S A FELONY STOP AND YOU HAVE, UH, THE CARS ROUTED AND YOU DON'T KNOW THE OCCUPANTS THAT ARE INSIDE. THOSE DRONES THAT ARE IN THE VEHICLES CAN BE DISPATCHED TO HELP THE OFFICERS SEE AND, UH, GO ABOVE THE VEHICLE TO SEE HOW MANY OCCUPANTS ARE INSIDE. AND THEY CAN KIND OF GAUGE TO SEE FROM A SAFETY STANDPOINT WHERE TO APPROACH THE VEHICLE AT. OR IF THERE'S SOMETHING TO WHERE YOU HAVE A SOMEBODY WHO IS, UH, RUNNING AND THEY TAKE OFF ON FOOT, YOU COULD BE ABLE TO TRACK 'EM TO FIND OUT IF, WHERE EXACTLY THEY COULD BE AT. AND THEN THAT DATA IS USED JUST ONLY FOR KPD. IT'S NOT FOR, I GUESS TO BE DISTRIBUTED OUT TO ANYBODY ELSE, BUT JUST FOR JUST THAT PURPOSE TO BE ABLE TO FIND OUT AT THAT CURRENT REAL TIME LOCATION WHERE THE SUSPECT IS OR IF THERE'S A MISSING CHILD OR SOMETHING LIKE THAT. IT COULD ALSO HELP WHENEVER THERE'S A TRAFFIC ACCIDENT. OKAY. IF YOU GOT TRAFFIC THAT'S BACKED UP, THESE DRONES THAT WE HAVE CAN BE DISPATCHED FROM OUR PUBLIC SAFETY CENTER TO HELP THE FIRST RESPONDERS, OUR FIRE DEPARTMENTS, OUR POLICE DEPARTMENT, OUR EMS TO BE ABLE TO SEE HOW MANY VEHICLES ARE INVOLVED AND THEY CAN SEE IT FROM AN AERIAL VIEW AND THEY CAN ALSO HELP WITH TRAFFIC FLOW TO SEE IF THERE'S SPECIFIC ROADS THAT CAN BE ALTERED FOR YOUR DETOURS AND STUFF LIKE THAT. SO I THINK THAT'S KIND OF WHERE WE'RE AT ON THESE DRONES AND HOW THEY CAN HELP, UM, OUR OFFICERS IN REAL TIME AT THAT SPECIFIC MOMENT TO BE ABLE TO ASSIST WITH THEIR DUTIES ON THOSE TYPE OF THINGS. AGAIN, CORRECT ME IF I'M WRONG. NO, THAT'S CORRECT. THE, THE ONLY THING I WOULD SAY IS THAT THE ONES THAT WE WOULD BE REPLACING HERE ARE THE, THE ONES YOU'RE GONNA SEE A PILOT ON THE GROUND WITH THE HAND CONTROLLER. INSTEAD OF LAUNCHING IT FROM A REMOTE LOCATION WHERE THE PILOT CAN'T SEE IT, IT'S GONNA BE TYPICALLY WHAT YOU WOULD SEE OUT IN AN ENTHUSIAST STYLE. THEY'RE ON THE GROUND, WHETHER CONTROLLER AND THEY HAVE TO HAVE IT LINE OF SIGHT. SO THEY HAVE TO BE THERE PHYSICALLY PRESENT AND HAVE VISUAL CONTACT WITH THE AIRCRAFT. THE DFR, THE MUCH BIGGER ONES THAT WE HAVE, THOSE CAN FLY AUTONOMOUSLY SEPARATE USING RADAR. [03:40:01] THESE ARE FIELD LAUNCHABLE. THE OFFICERS ON THE SCENE, THE PILOT IS ON THE GROUND. THEY'RE WATCHING THEIR, THEY OR THEIR FORWARD OBSERVER ARE WATCHING THEIR AIRCRAFT ON THE SCENE. YOU DESCRIBED THE TWO FIRST TWO SITUATIONS THAT YOU DESCRIBED ARE THE ONES THAT WE USE 'EM THE MOST WHEN YOU HAVE PEOPLE ON THE GROUND THAT HAVE RAN, OH, FROM FLEEING FROM POLICE. AND THEN IF WE HAVE MISSING ENDANGERED CHILDREN OR ADULTS OR SOMEBODY WHO'S WANDERED OFF, THOSE ARE THE MOST, UH, TYPICAL TYPES THAT WE USE. OUR CURRENT DRONES, WE'RE SIMPLY REPLACING THEM WITH THE ONES THAT ARE ALLOWED. THE OTHER ONES AREN'T BANNED, WE JUST CAN'T REPLACE 'EM OR FIX 'EM. THEY'RE, WE'RE BANNED FROM TRYING, WE'RE NOT GONNA FIND PARTS. NOBODY SERVICES THEM BECAUSE THEY ARE ON THAT LIST TO GO AWAY. WE'RE JUST TRYING TO REPLACE 'EM WITH NEWER, I'M GONNA CALL IT US APPROVED DRONES. THERE'S EVER A CRITICAL INCIDENT AT A STORE OR A SCHOOL AND YOU NEED TO GET, UH, AERIAL SURVEILLANCE. THOSE, UH, DRONES COULD BE DISPATCHED AND ABSOLUTELY TO BE ABLE TO GO ACROSS TO SEE FROM AN AERIAL VIEW OF, OF WHAT'S, WHAT'S ON THE GROUND IN A SAFETY MANNER. IT DOES. ABSOLUTELY. CAN WE JUST HAVE A, A QUICK JUST UNDERSTANDING OF WHAT DATA IT IS THAT WE SHARE WITH THE FUSION CENTERS? UH, WE'RE NOT, WE'RE NOT CONNECTED TO ANY OF THE FUSION CENTERS. I MEAN, IF THEY HAVE A LAWFUL ASK FOR INFORMATION, WE WOULD, WE WOULD CERTAINLY SHARE THAT BECAUSE THEY'RE A LAW ENFORCEMENT REPRESENTATIVE AND LAW ENFORCEMENT OFFICERS. BUT WE'RE NOT, I DON'T THINK WE'RE CONNECTED TO OR SHARING ANYTHING WITH FUSION CENTERS OTHER THAN, UH, AGENCIES THAT WE HAVE THAT FLOCK SHARING AGREEMENT WITH. OKAY. THANK YOU. YES, SIR. COUNCIL MEMBER MCKINNEY, I FEEL LIKE WE'RE PUTTING THE CART BEFORE THE HORSE HERE. 'CAUSE THESE, UH, SIX AND SEVEN AGENDA ITEMS ARE BASICALLY JUST SAYING, HEY, WE'RE WE'RE ASKING FOR FORGIVENESS FOR ALREADY APPLYING FOR THESE, THESE GRANTS. AM I RIGHT? CORRECT. WE'VE APPLIED, WE COULD WITHDRAW THAT REQUEST IF YOU DIRECTED US TO, BUT, AND THEN IF WE WIN THEN WE CAN HAVE CONVERSATIONS ABOUT, YOU KNOW, WHAT DRAWS WE'RE REPLACED. WE WILL ABSOLUTELY HAVE TO BRING THAT BACK TO YOU FOR FULL ACCEPTANCE AND THEN FOLLOW THE PROCUREMENT PROCESS THAT THE CITY HAS ESTABLISHED THAT DAVID SAID, I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEMS SIX AND SEVEN SECOND. OKAY. I HAVE A MOTION BY COUNCIL MEMBER MCKINNEY AND A SECOND BY COUNCIL MEMBER GZA. WE HAVEN'T DISCUSSED ITEM NUMBER SEVEN THOUGH, WHICH IS DIFFERENT. OKAY. BUT WE ONLY BROUGHT UP ONE. WE CAN, ALL RIGHT. IT WAS JUST FOR SIX. I I SENT SIX AND SEVEN. SIX AND SEVEN. OH. AND THEN, OKAY, WELL, THERE'S A MOTION AND THEN WE CAN TALK ABOUT SEVEN AND THEN WE CAN MOVE FORWARD. SO A MOTION NOW IS ON THE FLOOR. GO AHEAD. AND DO WE HAVE A QUESTION ABOUT AGENDA ITEM SEVEN? UM, I DO, UH, IN TERMS OF WHAT DIFFERENCE IS THIS BETWEEN THE, UH, AXON, UH, VIRTUAL REALITY TRAINING THAT WE PURCHASED? UM, IT WAS A PART OF THE SERVICES THAT WE, UH, THAT THIS COUNCIL, UH, ONCE AGAIN, NOT INCLUDING MYSELF, APPROVED IN THE 10 YEAR $7 MILLION AXON CONTRACT. IT WAS ONE OF THE PORTIONS THAT I ASKED FOR US NOT TO INCLUDE BECAUSE OF THE COST OF THE VIRTUAL REALITY, UH, DEESCALATION AND, UH, OTHER TRAINING THAT WAS ASSOCIATED TO IT. AND AT THAT TIME, IT WAS EXPLAINED THAT THIS VIRTUAL REALITY TRAINING THAT, UH, WE WERE PURCHASING THROUGH AXON, UH, AT THAT COST OF $7 MILLION, UH, WAS ACTUALLY GOING TO HELP REPLACE ANY FUTURE, UH, UH, POTENTIAL TRAININGS THAT WE HAVE BECAUSE OF THE VIRTUAL REALITY ENVIRONMENT. UM, SO I GUESS I'M A LITTLE BIT CONFUSED AS TO WHY WE WOULD POTENTIALLY ABSORB FUTURE COSTS ASSOCIATED WITH MORE OF THAT TRAINING. BECAUSE IF THE CURRENT AXON VR TRAINING ISN'T HELPFUL, THEN WE SHOULD REALLY CONSIDER REMOVING IT FROM THE CONTRACT BECAUSE WE'RE PAYING FOR IT. I WOULD SAY THAT THIS PROGRAM IS A FAR MORE ROBUST, MORE INTENSIVE TRAINING ENVIRONMENT AND OFFERS MORE INTERACTIVE, UH, OPPORTUNITIES FOR OUR OFFICERS IN A MORE REALISTIC ENVIRONMENT. I'M NOT SAYING THAT THE AXON SYSTEM IS, UH, NOT EFFECTIVE. I'M SAYING I WOULD ENTERTAIN THAT THIS, UH, AT THE COST FOR THIS TWO YEAR GRANT, THIS IS ALSO A 24 MONTH, TWO YEAR GRANT, IS A MUCH MORE ROBUST SYSTEM. THE AXON IS A HEADSET WEARING, UH, TYPE OF, UH, VIRTUAL REALITY SIMILAR TO GAME, UH, CONSOLES AND STUFF THAT THEY OFFER. AND ALTHOUGH IT, IT, IT CAN BE EFFECTIVE, THIS IS, I WANT YOU TO ENVISION MORE OF A TRAINING ROOM AND ENVIRONMENT WHERE AN OFFICER WALKS IN TO THE ROOM GIVEN BASICALLY A SCENARIO. THIS IS THE CALL YOU'RE BEING DISPATCHED TO, AND THEY WALK INTO A ROOM THAT HAS, UH, I WANNA SAY, I DON'T WANNA SAY 360, BUT A SURROUNDING ROOM VIDEO SYSTEM. AND THE OFFICER INTERACTS WITH CHARACTERS THAT ARE IN VIDEO. AND AS THEY GO THROUGH THE SCENARIO, [03:45:01] SOMETIMES THOSE CHARACTERS, UH, ARE, ARE COOPERATIVE AND SOMETIMES THEY'RE NOT. SOMETIMES THEY PULL A WEAPON AND DISPLAY IT, SOMETIMES THEY PULL A WEAPON AND PRETEND TO POINT OR POINT THAT AT THE OFFICER. ALL OF THOSE ARE CONTROLLABLE BY A COMPUTER SYSTEM BASED ON HOW THE OFFICER USES POLICE TACTICS AND DIFFUSING TECHNIQUES TO DEESCALATE TO DETERMINE THE OUTCOME OF THAT CALL. SO THIS IS, UH, TO DIFFERENTIATE THIS IS A MUCH MORE, UH, SKILLED AND, UM, TECHNOLOGICALLY ADVANCED SYSTEM THAT IS CERTAINLY MUCH MORE COSTLY THAN THE COMPONENTS THAT WE GET IN THE AXON CONTRACT. OKAY. I THINK WITH THAT IN MIND, I WOULD RATHER, AND I WILL CONTINUE TO HAMMER THIS, UM, I GUESS FOR AS LONG AS I HAVE LEFT, THAT THAT AXON CONTRACT NEEDS TO BE REVISITED BECAUSE THERE IS NO REASON THAT WE SHOULD NOT, I WOULD RATHER US PAY FOR A, A MORE ROBUST TRAINING OPPORTUNITY THAN CONTINUE TO PAY FOR WHAT WE JUST CONSIDERED A GAMING VR HEADSET. UM, SO I MEAN, THAT, THOSE ARE ALL THE QUESTIONS THAT I HAVE. OKAY. ANY OTHER QUESTIONS? OKAY. WE GOT A MOTION IN A SECOND. UH, ROLL CALL VOTE. MR. PATA? NO. MEDINA? YES. GZA? YES. MCKINNEY? YES. HARRIS? YES. TOUS? YES. FLORES KALES? YES. MOTION PASSES. SIX TO ONE. OKAY. UP NEXT WE HAVE [27) Discussion and possible action on License Plate Readers and next steps.] AGENDA ITEM 27, DISCUSSION AND POSSIBLE ACTION ON LICENSE PLATE READERS AND NEXT STEPS. UM, THIS IS ITEM PRESENTERS, MYSELF AND COUNCIL MEMBER MEDINA. UM, WE, WE KNOW THAT WE'RE GONNA BE PUTTING THE LICENSE PLATE READERS ON, UM, BALLOT. AND WE ARE, I GUESS, WAITING FOR THAT LANGUAGE TO COME BACK TO US OR DISCUSSION OF THAT LANGUAGE TO COME BACK TO US. UM, IN THE MEANTIME, WE HAVE, UM, WE HAVE, I THINK ORIGINALLY MY IDEA WAS TO KEEP THE CAMERAS A CERTAIN WAY UNTIL THE, THE, UM, VALID DECISION. UM, BUT AFTER, YOU KNOW, HAVING A CONVERSATION WITH COUNCIL MEMBER MEDINA, I THINK WE HAVE A, YOU KNOW, A NEW IDEA OF THE DIRECTION WE WANNA GO. AND SO WITH THAT, I'M GONNA TURN IT OVER TO HER. UM, SO BEFORE ANY DISCUSSION, I WOULD LIKE TO MAKE A MOTION TO TEMPORARILY COVER AND SUSPEND THE OPERATION OF ALL THE CITY OF KYLE FLOCK LICENSE PLATE RID OF CAMERAS, UNTIL THE VOTERS OF KYLE HAVE HAD THE OPPORTUNITY TO CONSIDER FLOCK, UH, THE FLOCK MATTER AT THE MAY, 2027 ELECTION. UM, SHOULD THAT STILL BE THE DATE THAT IT'S BEING HELD? AND DURING THIS TEMPORARY SUSPENSION, THE SHALL REMAIN NON-OPERATIONAL AND SHALL NOT COLLECT, CAPTURE, TRANSMIT OR STORE LICENSE PLATE OR VEHICLE DATA. AND CITY PERSONNEL SHALL NOT BE ABLE TO ACCESS A FLOCK SYSTEM FOR NEW DATA GENERATED DURING THE SUSPENSION, AND THEY SHALL REMAIN COVERED AND NON-OPERATIONAL PENDING THE OUTCOME OF THE MAY, 2027 ELECTION AND FURTHER DIRECTION FROM CITY COUNCIL. SECOND. SO WE HAVE A MOTION THAT WAS VERY LONG AND WE'RE PROBABLY GONNA WANNA DISCUSS BY COUNCIL MEMBER MEDINA AND A SECOND BY MYSELF. AND JUST, UM, TO START OFF SOME OF THE DISCUSSION, YOU KNOW, I DO STRONGLY SUPPORT OUR LAW ENFORCEMENT OFFICERS AND BELIEVE THAT THEY SHOULD HAVE THE TOOLS NECESSARY TO DO THEIR JOBS EFFECTIVELY AND KEEP OUR COMMUNITY SAFE. AND I DO RECOGNIZE THE GOOD THAT THESE LICENSE PLATE READERS HAVE PROVIDED TO OUR LAW ENFORCEMENT, UM, INCLUDING HELPING OFFICERS IDENTIFY VEHICLES CONNECTED TO CRIMINAL INVESTIGATIONS. UM, BUT SUPPORTING LAW ENFORCEMENT DOES NOT MEAN THAT WE SHOULD STOP ASKING QUESTIONS ABOUT THE TECHNOLOGY THAT THE GOVERNMENT USES. MY CONCERN WITH FLOCK AND SIMILAR SYSTEM GOES BEYOND JUST THE IMMEDIATE USE OF A CAMERA TO READ A LICENSE PLATE. AS THESE SYSTEMS ARE BECOMING MORE SOPHISTICATED AND INCREASINGLY INTERCONNECTED, WE HAVE TO CONSIDER THE LARGER ISSUE OF GOVERNMENT SURVEILLANCE AND WHAT HAPPENS TO THE INFORMATION BEING COLLECTED. AND AS ARTIFICIAL INTELLIGENT ADVANCES COULD THESE SYSTEMS THEN EVENTUALLY BE USED TO ANALYZE, CONNECT, OR TRACK INFORMATION IN WAYS THAT WERE NEVER CONTEMPLATED WHEN THE CAMERAS WERE ORIGINALLY APPROVED. JUST AS IMPORTANTLY, THOUGH, I BELIEVE RESIDENTS DESERVE A VOICE IN THAT CONVERSATION. TECHNOLOGY WITH THE POTENTIAL TO COLLECT INFORMATION ABOUT PEOPLE'S MOVEMENTS SHOULD NOT SIMPLY BECOME PART OF OUR COMMUNITY WITHOUT TRANSPARENCY AND WITHOUT MEANINGFUL PUBLIC DISCUSSION ABOUT ITS BENEFITS, LIMITATIONS, SAFEGUARDS, AND LONG-TERM IMPLICATIONS, OUR RESIDENTS SHOULD HAVE AN OPPORTUNITY TO ASK QUESTIONS AND UNDERSTAND EXACTLY WHAT THE GOVERNMENT IS AGREEING TO. THIS DOESN'T HAVE TO BE A CHOICE BETWEEN SUPPORTING LAW ENFORCEMENT OR PROTECTING INDIVIDUAL LIBERTIES. WE SHOULD BE ABLE TO DO BOTH. I DO WANT OUR OFFICERS TO HAVE EFFECTIVE TOOLS THAT HELP THEM SOLVE CRIMES AND PROTECT OUR COMMUNITY, BUT AT THE SAME TIME, [03:50:01] I'M NOT COMFORTABLE GIVING GOVERNMENT SURVEILLANCE TECHNOLOGY AND OPEN-ENDED APPROVAL WHEN THERE ARE STILL UNANSWERED QUESTIONS ABOUT PRIVACY, DATA SHARING, RETENTION, OVERSIGHT, FUTURE AI CAPABILITIES, AND CONSTITUTIONAL PREVENTION, UH, PROTECTIONS. UM, SO TRANSPARENCY OF COURSE, AND ACCOUNTABILITY MATTER. SO BEFORE OUR GOVERNMENT EXPANDS TECHNOLOGY CAPABLE AFFECTING, UM, ALL OF THAT, THEN OUR PUBLIC DOES DESERVE TO BE PART OF THAT CONVERSATION, WHICH IS WHY WE'RE STILL HOPING TO LOOK AT THAT ELECTION FOR ME. OKAY. FOR ME, IT'S ALL ABOUT, UH, WHAT WE'VE, THE FEEDBACK THAT WE'VE GOT ONLINE. YOU KNOW, I FEEL LIKE NOT JUST ONLINE, BUT LIKE, YOU KNOW, PEOPLE THAT COME UP AND SPEAK. UM, AND AS MUCH AS YOU KNOW, I THINK AS WE SIT UP HERE AND WE ARE INDIVIDUAL PEOPLES, UM, SOMETIMES WE HAVE TO VOTE AGAINST THE THINGS THAT WE WANT BECAUSE IT'S, IT'S NOT US THAT WE REPRESENTED THE PEOPLE. AND SO I'VE HEARD NUMEROUS TIMES MY FIRST CONCERN WAS, YOU KNOW, HOW MANY PEOPLE THAT ARE COMING UP HERE OR SPEAKING ONLINE, HOW MANY OF THEM ARE ACTUALLY RESIDENTS OF KYLE? UM, BUT THEN AS MORE WOULD WRITE IN, THEY WOULD PROVIDE THEIR ADDRESSES AND IT WOULD BECOME CLEAR THAT THEY WERE RESIDENTS. AND SO FOR ME, I SAID, AND YOU KNOW, INSTEAD OF MY INITIAL THOUGHT OF LET'S KEEP THEM OPEN UNTIL THE MAY BALLAD, I DECIDED IT WAS BEST TO, UH, FOR ME. THEY CAN COVER 'EM, THEY CAN TAKE 'EM DOWN, THEY CAN DO WHATEVER THEY, THE, THE POLICE DEPARTMENT FEELS COMFORTABLE UNTIL THAT ELECTION. AND THEN AT, AT WHAT POINT WE'LL DO WHAT THE PEOPLE HAVE. UM, HOPEFULLY YOU HAVE A COUNCIL THAT WILL RESPECT THE REFERENDUM. I BELIEVE WE DO. UM, AND, AND THEN WE CAN PROCEED WITH THE OUTCOME OF THAT ELECTION. AND I THINK I REMEMBER, UM, CHIEF MENTIONING THAT WE'VE ALREADY HAD ONE OF OUR CAMERAS THAT WAS CUT DOWN. UM, LUCKILY IT WAS LEFT THERE. IT WASN'T JUST TAKEN AWAY. SO WE DON'T HAVE TO PAY EXTRA FOR THAT. UM, BUT WHAT WOULD YOUR INSIGHT BE CHIEF ON IF WE WERE TO APPROVE SUCH A THING TODAY? YEAH. THANK YOU FOR THE OPPORTUNITY. YOU'RE ABSOLUTELY CORRECT. WE DID HAVE ONE POLE THAT WAS DAMAGED AND THE CITY'S RESPONSIBLE FOR REPLACING THAT OR REPAIRING IT OR, OR DOING WHATEVER UNDER THE LEASE. SO, UM, SHOULD THE ITEM PASS TONIGHT? I WOULD, I THANK YOU MAYOR, FOR THOSE ADDED COMMENTS THAT PERHAPS WE COULD CONSIDER TAKING 'EM DOWN OR WHATEVER WOULD KEEP THOSE ITEMS SAFE DURING THIS PERIOD. BUT, UM, YOU KNOW, I'VE STOOD BEFORE YOU MANY TIMES TALKED ABOUT THE EFFECTIVENESS AND HOW THEY IMPACT OUR CRIME AND, AND ALL THE GOOD THINGS THAT THEY'VE DONE. BUT I, I'M, I'M VERY SYMPATHETIC TO THE CONSIDERATIONS GIVEN TO PRIVACY AND SECURITY CONCERNS. I WOULD JUST REITERATE THE SAME THING THAT YOU'RE SAYING AS IMPORTANT AS A TOOL AS THEY ARE TO LAW ENFORCEMENT, UH, NOTHING WORKS WELL WITHOUT THE TRUST OF OUR COMMUNITY AND SUPPORT OF OUR COMMUNITY. SO WE COMPLETELY UNDERSTAND THE POSITION THAT YOU'RE IN, THAT YOU HAVE TO MAKE THESE DIFFICULT DECISIONS. AND OUR MEN AND WOMEN DID GREAT POLICE WORK BEFORE THESE TOOLS AND TECHNOLOGIES EXISTED. AND THEY'LL CONTINUE TO DO THAT FOR OUR COMMUNITY. UH, UNTIL SUCH TIME THERE'S A, A DIFFERENT DECISION MADE OR A LONGER MORE PERMANENT DECISION. AND SO WE UNDERSTAND WHAT YOU HAVE TO DO. WE UNDERSTAND WHAT THE, SHOULD THIS PASS, WE UNDERSTAND WHAT OUR DIRECTION WOULD BE TO, UH, MAKE THOSE, UH, UH, SAFE. AND WHAT IF THAT MEANS TAKE 'EM DOWN OR COVER 'EM UP OR WHATEVER WE DO. AND YEAH, THANK YOU FOR THE OPPORTUNITY. WE COMPLETELY UNDERSTAND THE DECISIONS THAT YOU HAVE TO MAKE. THEY'RE NOT ALWAYS EASY SAID THEY'RE DIFFICULT DECISIONS. AND, UH, WE CERTAINLY RESPECT THAT. AND I'D REITERATE THAT IT'S VERY IMPORTANT TO US TO, AS POLICE OFFICERS SERVING THIS COMMUNITY, TO MAKE SURE THAT WE MAINTAIN THAT TRUST AND SUPPORT. MANY CITIZENS HAVE STOOD HERE AND TALKED ABOUT THEIR CONCERNS ABOUT FLOCK AND WHAT THEY DO WITH THE DATA. AND, BUT THEY'VE ALWAYS ALSO ADDED THEIR SUPPORT FOR THEIR LOCAL KYLE POLICE DEPARTMENT, MEN AND WOMEN. AND WE'VE ALWAYS APPRECIATED THAT THEY'VE KEPT THAT CONVERSATION ABOUT THE TECHNOLOGY AND ABOUT THE DATA THAT MAY GO SOMEWHERE ELSE OR WHERE IS IT STORED OR WHO HAS ACCESS TO IT AND NOT ABOUT THE INTEGRITY OF THE MEN AND WOMEN THAT SERVE THE CITY OF KYLE. SO THANK YOU VERY MUCH FOR THE OPPORTUNITY. NO, YEAH. I WANNA REITERATE THIS HAS NOTHING TO DO WITH OUR POLICE DEPARTMENT. YES. UM, I'VE, YOU KNOW, FLOCK DOESN'T DO ITSELF ANY FAVORS BY NOT MAKING THAT INFORMATION LIMITED. YOU KNOW, THE FACT THAT WE CAN HAVE SOMEBODY ELSE ACCESS, EVEN IF WE HAVE A SEVEN DAY HOLD AND WE SAY WE'RE GONNA DELETE IT, IF SOMEBODY ELSE OBTAINS THAT INFORMATION, UM, GEORGETOWN ANOTHER CITY, AND THEN THEIR POLICY IS THEY HOLD IT FOR 30 DAYS AND IT, IT CAN GO ON AND ON AND ON. AND SO I'M GONNA BE HONEST, LIKE THAT WAS A REALIZATION THAT CAME TO ME AFTER SPEAKING TO SOME OFFICERS AND, AND YOU AND I HAD A CONVERSATION AND YOU WERE VERY UNDERSTANDING OF, YOU KNOW, OUR CHOICE TO, UM, TO, FOR ONE, GIVE IT TO THE PEOPLE AND TWO SURE. TO KIND OF, TO, TO LIMIT IT IN BETWEEN NOW AND THEN. UM, AND YOU WERE VERY UNDERSTANDING AND I APPRECIATE THAT. 'CAUSE IT'S TOUGH FOR ME TO TAKE AWAY A SOURCE THAT OUR POLICE OFFICERS, YOU KNOW, RELY ON. UM, AND IN BETWEEN NOW AND THEN, MAYBE WE CAN COLLECT SOME DATA ON WHAT THAT LOOKS LIKE. [03:55:01] 'CAUSE I'M REALLY NERVOUS THAT WE'RE GONNA COVER THESE UP. UM, AND WE'RE DOING IT IN AN OPEN MEETING AND NOW PEOPLE ARE GONNA KNOW. AND SO IF WE CAN COLLECT SOME DATA ON THE TIME BETWEEN NOW AND THEN, YOU KNOW, PRE PRESENT US WITH SOME, I KNOW CAR THEFT WAS HUGE WHERE WE LIVE ON THE EAST SIDE, UH, AND IT WAS PROBABLY HUGE, HUGE EVERYWHERE. I JUST REMEMBER, YEAH. WE GOT HIT UP TOO IN MY HOUSE PERSONALLY. BUT, UM, YEAH, I WOULD LIKE TO, I WOULD BE GENUINELY INTERESTED TO SEE WHAT THAT'S LIKE. AND YOU KNOW, IN THE MEANTIME, WE JUST HOPE THAT NOTHING HAPPENS. SURE. WE'LL DEFINITELY GET THAT INFORMATION FOR YOU SO THAT YOU CAN HELP MAKE THOSE DECISIONS. AND OUR MEN AND WOMEN ARE GONNA KEEP WORKING HARD FOR THE CITIZENS AND OUR ELECTED LEADERS HERE IN THE COMMUNITY, THEY'RE GONNA KEEP DOING GREAT POLICE WORK. THEY'RE GONNA KEEP SOLVING CRIME, THEY'RE GONNA KEEP CATCHING CRIMINALS, UH, AND PUTTING THEM, YOU KNOW, IN JAIL WHERE THEY BELONG. SO DON'T WORRY, THEY'RE GONNA KEEP DOING THE GREAT WORK THAT THEY'VE BEEN DOING FOR YOU WITH OR WITHOUT THIS TECHNOLOGY. APPRECIATE THAT. YES MA'AM. ANYBODY ELSE? WITHOUT THE TECHNOLOGY, DOES THAT INCREASE, UM, YOUR NEED FOR ADDITIONAL OFFICERS ON PATROL? UM, WE'RE AN AGENCY, YOU KNOW, WE'RE OBVIOUSLY IN A GROWING CITY AND EVERY YEAR THAT HAS TO BE TAKEN INTO ACCOUNT WITH YOUR ANNUAL BUDGET. UH, ARE WE GROWING WITH OUR COMMUNITY? CERTAINLY. AND WE NEED TO CONTINUE THAT PATH THE YEARS FORWARD AND OUR BUDGETING, UH, I'M NOT SUGGESTING WE NEED TO DO ANYTHING NOW, BUT AS WE CONTINUE TO GROW IN POPULATION AND WE, WE BRING IN THESE WONDERFUL BUSINESS CENTERS AND THESE WONDERFUL SHOPPING CENTERS, WHICH WE ALL ENJOY, WHEN YOU DO THAT, YOU CREATE PLACES WHERE HUNDREDS, IF NOT THOUSANDS OF PEOPLE GO AND CONGREGATE. AND WHEN YOU BRING THAT OPPORTUNITY INTO A COMMUNITY, JUST THINGS HAPPEN. WHETHER IT'S AN ACCIDENT OR A THEFT OR A CREDIT CARD ABUSE OR WHATEVER. SO KEEP BRINGING IN THE GOOD STUFF, BUT JUST KNOW THAT ALL OF THAT INCREASES YOUR COST FOR SERVICE AS WE CONTINUE TO GROW. OKAY. HOW DOES, UM, CANCELING OR CANCELING YOUR ACCESS TO FLOCK AFFECT POTENTIALLY ANY FLOCK CAMERAS THAT ARE PRIVATELY OWNED THAT YOU MIGHT HAVE ACCESS TO WITHIN THE CITY? UM, CAN YOU STILL GET THE INFORMATION FROM THE PRIVATE ENTITY? I GUESS IF THE DIRECTION IS TO TURN OFF OUR CAMERAS AND IF A PRIVATE ENTITY THAT OWNS ITS OWN FLOCK CAMERAS HAS AGREED TO SHARE THAT WITH LAW ENFORCEMENT SO THAT WE GET AN ALERT IF A STOLEN VEHICLE ENTERS THEIR PROPERTY, I'M GOING TO ASSUME THAT WE WOULD STILL GET THAT ALERT, BUT IT WOULDN'T BE OUR CAMERA AND US ACCESSING OUR CAMERAS. IT WOULD BE FROM A CAMERA THAT SOMEBODY ELSE OWNS. MUCH LIKE IF YOU HAD A BUSINESS AND YOU DECIDED BY YOUR OWN CHOICE TO SHARE YOUR BUSINESS CAMERAS WITH US, AND THEN YOUR BUSINESS IS CLOSED AT MIDNIGHT AND SOMEHOW WE SEE CAMERA OR WINDOWS BREAKING AND SOMEBODY BREAKING IN, YOU HAVE CHOSEN TO SHARE THAT WITH US, I WOULD ASSUME IN THE SAME PRINCIPLE, NOT THE SAME METHOD, BUT THE SAME PRINCIPLE. THAT INFORMATION WOULD STILL MAKE ITS WAY TO US. I DON'T KNOW FACTUALLY 'CAUSE I HAVEN'T THOUGHT THROUGH THAT YET. OKAY. BUT I, I THINK IT'S POSSIBLE BECAUSE THEY'RE IN, THEY'RE IN SHARING THE INFORMATION WITH US. OKAY. AND THEN, UM, WAS THE INTENT ALSO, THIS IS FOR YVONNE, UH, TO SHUT OFF THE LIVE VIEW CAMERAS AS WELL? I THINK WE JUST TALKED ABOUT LICENSE PLATE RAIDS. YEAH. THE LICENSE PLATE READER TECHNOLOGY HAS CERTAINLY BEEN THE POINT OF, OF, OF TOPIC. OKAY. WE HAVE 12 LIVE VIEW CAMERAS. THEY'RE, I WOULD, I WOULD HOPE THAT YOU LEAVE THOSE, BECAUSE THOSE ARE REPLACED IN AREAS WHERE WE'VE HAD A LOT OF CAR BURGLARIES AND ALSO THEY HELP US WATCH SOME OF THE MAJOR ROADWAYS SO WE CAN SEE OTHER CAR WRECKS, WHICH WAY'S A SUSPECT FLEEING. THOSE ARE LIVE VIEW, NOT RECORDING THAT KIND OF STUFF, OR THEY'RE NOT, NOT RUNNING LPR LET ME BACK UP. THEY'RE NOT DOING LPR STUFF, SO. OKAY. I KNOW THERE'S BEEN SOME, SOME HYPE ABOUT THOSE ONLINE AS WELL, SO I WANTED TO MAKE THAT CLARIFICATION. THE, I USUALLY LICENSE PLATE READERS, SO I DON'T KNOW IF WE CAN EVEN DO THAT. OKAY. THANK YOU. YES, MA'AM. THANK YOU. COUNCIL MEMBER HARRIS. MY MAIN CONCERN IS WHAT IS DONE WITH THE SAVE DATA? MM-HMM . AND WHO HAS ACCESS TO IT? UM, THE COURTS HAVE RULED TIME AND TIME AGAIN THAT IN PUBLIC YOU DON'T HAVE A RIGHT TO PRIVACY . UM, SO THAT'S SIMPLY A NON-STARTER FOR ME. I DON'T, I, I'M NOT CONCERNED ABOUT THAT. I AM CONCERNED ABOUT THE POLICE DEPARTMENT HAVING THE BEST TOOLS AVAILABLE IF, UM, I'M ASSAULTED, IF MY CAR IS STOLEN, IF MY HOME IS BURGLARIZED, UM, I WANT YOU TO CATCH THE OFFENDER AS SOON AS POSSIBLE. AND WE'VE HAD MANY INSTANCES, UM, SINCE WE'VE PUT THE CAMERAS UP THAT THEY HAVE BEEN EXTREMELY USEFUL IN, IN AREA IN TIMES LIKE THAT. UM, I AM VERY CONCERNED ABOUT OUR INABILITY TO SHUT THE BACK DOOR. UM, APPARENTLY THERE ARE AGENCIES THAT CAN ACCESS THE INFORMATION WHETHER WE WANT THEM TO OR NOT, AND I THINK THAT IT'S FLOCK'S RESPONSIBILITY TO SHUT THAT DOWN. THEY HAVE TO BE ABLE TO ASSURE US THAT WE HAVE COMPLETE CONTROL OF OUR DATA. UM, I'M REALLY [04:00:01] NOT IN FAVOR OF NOT USING THE CAMERAS AT THIS POINT, BECAUSE WE DO HAVE A REFERENDUM COMING. AND I THINK THAT'S GREAT. I'M GLAD THAT WE VOTED TO DO THAT. I, I THINK THAT THIS IS STILL A TOOL. UM, YOU KNOW, WE'VE CAUGHT CHILDREN BEING KIDNAPPED. WE HAVE CAUGHT, UM, A POTENTIAL MURDERER COMING INTO OUR CITY. MAYBE TWO OF THEM WE'VE FOUND LOCATED STOLEN VEHICLES THAT THESE MAY OR MAY NOT HAVE BEEN HANDLED THAT WAY. UH, THESE ARE CRIMES THAT MAY NOT HAVE BEEN SOLVED BY US. UM, SO I, I AM NOT IN FAVOR OF COVERING OR TAKING DOWN THE CAMERAS AT THIS POINT, BUT I WOULD CERTAINLY, UM, ABIDE BY THE REFERENDUM. ANYBODY ELSE? DO WE HAVE ANY OTHER SUBSCRIPTIONS WHEN IT COMES TO THE COP POLICE? DO WE SURVEY, DO SURVEILLANCE WITH OTHER, WITH THE COMPANIES OR HOAS OR ANYTHING LIKE THAT? DO WE HAVE ANY CONTRACTS WITH THEM THAT YOU KNOW OF, THAT WE ASSIST WITH? NO, NOT THAT I CAN THINK OF. WE'VE HAD BI, WE HAVE SOME BUSINESSES THAT HAVE SHARED THEIR CAMERAS WITH US, UH, THAT THEY'VE CHOSEN TO SHARE THEIR, THEIR PROPERTY CAMERAS WITH US. MM-HMM . BUT HOAS, NO, I DON'T KNOW OF ANY HOAS THAT HAVE ANY CAMERAS THAT THEY'VE SHARED WITH US. UM, THE FIRST PART OF IT WAS LIKE ANY OTHER THIRD PARTY COMPANIES. MM-HMM . NOT THAT I'M AWARE OF. I MEAN, WE ACCESS THE PUBLICLY ACCESSIBLE TECH STOCK CAMERAS, AND THEN ONLY CAMERAS WERE WHERE SOMEBODY'S GIVING US ACCESS TO THEIR OWN CAMERA SYSTEM, UM, IN, IN THEIR, PER, IN THEIR BUSINESSES THAT THEY OPERATE, THEY OWN AND OPERATE. UH, OKAY. SO THESE COMPANIES ALLOW, BASICALLY ALLOW YOU GUY, ALLOW THE, THE POLICE DEPARTMENT TO HAVE 24 HOUR SURVEILLANCE IF NEED BE, OR HAVE ACCESS. THERE'S A, THERE'S A COUPLE, YEAH. THERE'S ARE A FEW. THERE'S A FEW THAT HAVE SHARED THEIR, THEIR CAMERAS WITH US FROM THEIR BUSINESS MM-HMM . SO THAT IF THEY HAVE AN EMERGENCY OR IF WE HAVE A BURGLARY CALL THERE OR SOMETHING DURING THE MIDDLE OF THE NIGHT THAT WE CAN ACCESS THEIR CAMERAS, THEY'VE CHOSEN TO, AT THEIR OWN CHOOSING TO MAKE THAT AVAILABLE TO US, SHARED WITH US THE, THE SYSTEM, THE PASSWORDS AND ALL THAT. SO WE CAN DO THAT. OKAY. OKAY. COUNCIL MEMBER, I THINK A BIG PART OF IT, UH, AND CHIEF, YOU KNOW, YOU CAN CONFIRM, I'VE HAD EXTENSIVE CONVERSATIONS WITH YOU ABOUT THIS AND, AND SEVERAL OF YOUR OFFICERS AS WELL ABOUT HOW THEY GET USED AND THINGS LIKE THAT. AND, AND IT COMES DOWN TO TRUST. AND FOR THE, I THINK THE VAST MAJORITY OF OUR RESIDENTS, IT'S NOT A DISTRUST IN KPD. IT'S, IT'S A DISTRUST IN, IN UNDERSTANDING WHAT HAPPENS TO THE INFORMATION, UH, BEYOND, BEYOND OUR, OUR POLICE DEPARTMENT AND WHO HAS ACCESS TO WHAT AND FOR HOW LONG. AND, AND I, I GET THOSE CONCERNS. I, I SHARE THOSE CONCERNS. BUT, UM, WE, WE HAVE POLICIES IN PLACE THAT ARE VERY RESTRICTIVE AND THERE'S A LOT OF, UH, FALSE NARRATIVE OUT THERE AS FAR AS, YOU KNOW, WHAT WITHIN THE CITY OF KYLE, OUR FLOCK CAMERAS DO, AND WHO HAS ACCESS TO WHAT, UH, FLOCK THEMSELVES DO NOT HAVE ACCESS TO THE LICENSE PLATES. UM, THE, THAT INFORMATION IS OUR INFORMATION, AND WE RETAIN THAT INSIDE. UM, THERE'S A LOT OF MISPERCEPTION ABOUT EVERY VEHICLE DRIVING DOWN THE ROAD IS BEING TRACKED, AND THE FACT OF THE MATTER IS, UNTIL A LICENSE PLATE NUMBER IS PUT IN, IT'S NOT ACTUALLY TRACKING THAT VEHICLE. UM, AND I THINK A BIG PART OF IT IS, YOU KNOW, IT'S, IT'S PREVALENT IN OUR, OUR CULTURE TO BE THAT MAIN CHARACTER ENERGY. AND THE FACT OF THE MATTER IS, YOU DON'T CARE WHERE I'M GOING. YOU KNOW, UNLESS, UNLESS MY LICENSE PLATE IS TIED TO A CRIME, YOU DO NOT CARE WHAT PART OF TOWN I'M DRIVING IN. UH, AND, AND THERE'S A, THERE THERE'S A LOT OF MISPLACED FEAR AND, AND MISDIRECTED, UH, ANGER AT, AT THE COMPANY. AND I THINK THAT THEY COULD DO A MUCH BETTER JOB IN EDUCATING THE POPULACE. UM, BUT I ALSO UNDERSTAND, LIKE THE MAYOR SAID, LIKE WE HAVE HAD, WE'VE HAD A LOT OF PEOPLE THAT, THAT WERE IN SUPPORT, LET US KNOW. UH, BUT IT'S, IT'S LEANING SIGNIFICANTLY MORE TOWARDS, YOU KNOW, THAT THAT FEARFUL NATURE OF HOW THESE ARE BEING USED. AND I KNOW I'VE, I'VE TALKED TO ALL OF YOUR GUYS, UH, NOT ALL OF YOUR, A LOT OF YOUR GUYS, AND THEY'LL CONTINUE TO DO THEIR JOBS WITH OR WITHOUT 'EM, YOU KNOW, WE WERE SOLVING CRIMES BEFORE THESE THINGS CAME ABOUT. UM, YOU KNOW, DO I THINK THAT THERE WILL BE AN UPTICK IN UNSOLVED CRIMES? LOGIC WOULD TELL YOU. ABSOLUTELY. UH, YOU KNOW, I, I AGREE WITH, YOU KNOW, DR. HARRIS, YOU KNOW, IF, IF SOMEBODY ROBS MY HOUSE, IF YOU KNOW MY VEHICLE IS STOLEN, IF SOMEBODY FOLLOWS [04:05:01] ME HOME FROM THE BANK AND HOLDS ME UP IN MY DRIVEWAY, UH, I, I WOULD LIKE FOR THAT PERSON TO BE CAUGHT. AND WITHOUT THESE, THAT'S A LOW PERCENTAGE SHOT. SO THAT'S ONE OF THE THINGS I HAVE TO CONSIDER IS, YOU KNOW, WEIGHING THE, THE, THE VICTIMS, THE REAL HUMAN VICTIMS OF THESE CRIMES, VERSUS THE FEAR OF A PICTURE OF MY DRIVER, MY MY LICENSE PLATE BEING TAKEN. AND WHEN YOU PUT IN THAT PERSPECTIVE, IT, IT REALLY KIND OF MINIMIZES AND, AND DIMINISHES A LOT OF THAT. UM, YOU KNOW, AT THE SAME TIME, YOU KNOW, WE PUT INTO GOOGLE MAPS WHERE WE'RE GOING BEING TRACKED, WE PUT INTO WAYS WHERE WE'RE GOING BEING TRACKED. UH, LIFE 360, WHICH MONITORS MOSTLY CHILDREN AND THEY'VE ADMITTED TO SELLING INFORMATION, THEY GET A COMPLETE PASS. BUT BECAUSE SOME PEOPLE HAVE A DISTRUST OF LAW ENFORCEMENT FOR, THEY WANNA BLAME FLOCK FOR, FOR SOME MALICIOUS INTENT THAT QUITE FRANKLY, I HAVEN'T SEEN. SO I WILL, I WILL CERTAINLY ABIDE BY WHATEVER MY PEOPLE VOTE AND DECIDE. BUT WHEN I HAVE PEOPLE QUESTION, YOU KNOW, WHY ARE YOU STILL SUPPORTING THESE THINGS? AND I WAS LIKE, BECAUSE I HAVE KNOWLEDGE AND INFORMATION ABOUT HOW THEY'RE USED AND HOW THEY'RE BEING USED. AND I GIVE MY POLICE DEPARTMENT A LOT OF TOOLS THAT INHERENTLY HAVE DANGER TO COME WITH THEM. WE GIVE YOU GUNS, WE TRUST YOU USE 'EM APPROPRIATELY. WE GIVE YOU VEHICLES WE TRUST, YOU USE 'EM APPROPRIATELY. WE GAVE YOU FLOCK CAMERAS. WE HAVE TRUSTED YOU TO USE THEM APPROPRIATELY. AND TO THE ABSOLUTE BEST OF MY KNOWLEDGE, THERE HAS BEEN NO VARIANCE ON THAT. UH, IF, IF THAT WERE DIFFERENT, WE'D HAVE A DIFFERENT CONVERSATION. UM, BUT I, I WANT TO SEE YOU HAVE THE TOOLS THAT YOU NEED TO BE SUCCESSFUL. AND YOU KNOW, IT, IT'S FRUSTRATING THAT, UH, BAD INFORMATION THAT GETS SPREAD, UH, ONLINE AND ON SOCIAL MEDIA IS POTENTIAL CREATING VICTIMS IN OUR NEIGHBORHOODS. AND WITH THAT, I'M DONE. . . OKAY. AM I ALLOWED TO SAY SOMETHING NOW? ? GO AHEAD. UH, WELL, ONE, I WANNA THANK COUNCIL MEMBER MEDINA AND MAYOR FLORES KALE FOR BRINGING THIS FORWARD. UM, I'M VERY MUCH IN AGREEMENT WITH IT. UM, I AM VERY EXCITED TO KNOW THAT AFTER ABOUT A YEAR AND A HALF OF ADVOCATING THAT WE ARE FINALLY MAKING MOVEMENT ON THIS, UM, I WANNA DISPEL THIS IDEA, UH, UH, NOTION ABOUT PUBLIC, UH, NOT HAVING ANY SORT OF PRIVACY WHEN YOU ARE IN THE PUBLIC REALM. UM, WE HAD THE RECENT SUPREME COURT RULING IN CHARE, THE UNITED STATES, UH, THAT HAPPENED JUST A FEW MONTHS AGO, IN WHICH GOOGLE MAPS ACTUALLY, FUNNY THAT YOU SPEAK ABOUT IT. COUNCIL MEMBER MCKINNEY, UM, THE US SUPREME COURT FOUND IT UNCONSTITUTIONAL THAT, UH, OFFICERS WERE USING A SORT OF, UH, GEO-FENCING, UH, WARRANT, UH, WITH DATA THAT WAS OBTAINED FROM GOOGLE MAPS. UH, SO ACTUALLY THAT IS NOT ALLOWED ANYMORE. SO TECHNICALLY, I GUESS GOOGLE MAPS CAN TRACK YOU, BUT, UM, OFFICERS ARE NO LONGER ALLOWED TO JUST PUT OUT A, UH, REQUEST FOR ALL THE INFORMATION ABOUT PEOPLE WHO WERE COLLECTED IN A CERTAIN AREA. IT HAS TO BE BASED ON A SPECIFIC INDIVIDUAL. UM, ON TOP OF THAT, UH, WE HAVE SEEN A NUMBER OF CASES ARISE, UH, IN THE LAST FEW MONTHS WITH DIFFERENT FEDERAL JUDGES ACROSS THE NATION WEIGHING IN ON THIS, DEFINITELY TEEING IT UP FOR A SUPREME COURT, UH, CASE. UM, IN REGARDS TO WHETHER OR NOT THE CONSISTENT TRACKING, BECAUSE IT IS BEING TRACKED ONCE THERE IS A LOG OF MORE THAN ONE OF YOUR, UH, LOCATION AND INSTANCES ON ANY DATE AND TIME, IT'S CONSIDERED TRACKING. UM, AND WE HAVE HAD FEDERAL JUDGES WHO HAVE RULED THAT IT IS ACTUALLY UNCONSTITUTIONAL UNDER THE FOURTH AMENDMENT. AND LIKE I SAID, THIS WILL LIKELY BE TEE UP TEED UP FOR A SUPREME COURT CASE, UH, HERE SOON. UM, WE HAVE HAD THIS INFORMATION AND KNOWLEDGE, UM, ABOUT OUTSIDE AGENCIES HAVING ACCESS TO OUR INFORMATION. UH, SINCE MARCH WHEN WE RECEIVED OUR AUDIT LOGS, UM, EVERY SINGLE ONE OF US RECEIVED THAT INFORMATION. I'M GLAD THAT WE'RE FINALLY LISTENING TO IT AND THAT WE ARE MOVING FORWARD WITH THIS. UH, THE ONE THING THAT I, UH, I GUESS I HAD ONE QUESTION ABOUT, UH, WHETHER OR NOT THAT MEANT THE FLOCK OS SYSTEM WOULD REMAIN ACTIVE, BECAUSE I THINK THAT'S THE ONLY WAY THAT A CHIEF WOULD BE ABLE TO RECEIVE ALERTS ABOUT A HOT LIST, [04:10:01] UH, OF VEHICLES, UM, IF PRIVATE COMPANIES STILL GAVE THEM ACCESS. SO I THINK ONE, DOES THIS INCLUDE TURNING OFF FLOCK OS? BECAUSE TECHNICALLY IF FLOCK OS IS NOT TURNED OFF, THEN WE'RE NOT NECESSARILY TURNING OFF THE SYSTEM. UM, SO I WILL SAY MY GOAL WAS TO TAKE DOWN THE LICENSE PLATE READERS. UM, AS FAR AS LIKE CONTRACTUAL STUFF OR SYSTEMS, I THINK FOR ME THAT NEEDS TO BE DONE IN MAY. UH, IN THE EVENT THAT VOTERS CHOOSE NOT TO HAVE IT. I DON'T WANNA MAKE ANY PERMANENT CHANGES IN CASE, UM, IN CASE WE HAVE TO GO BACK AND RENEW 'EM. WELL, BUT THAT'S NOT A PERMANENT CHANGE. SO FLOCK OS IS ACTUALLY HOW THE SYSTEM RUNS. THAT'S HOW IT, LIKE IT OPERATES. SO TECHNICALLY YOU COULD PUT, I GUESS, COVERS OVER THE CAMERAS, BUT THE SYSTEM ITSELF IS STILL RUNNING IN THE BACKGROUND. UM, AND I MEAN, I GUESS IF WE GET MORE INFORMATION ON HOW THAT WILL BE DONE OR HOW THAT WILL BE ADDRESSED, I THINK THAT WOULD BE HELPFUL. AND THEN MY ONE RECOMMENDATION TO THE, UH, MOTION WAS THAT I THINK WE ONLY SPECIFIED THAT KPD CANNOT HAVE ACCESS TO THE DATA THAT IS, UH, THAT COLLECTED FROM THE APRS. BUT I THINK WE SHOULD SPECIFY THAT NO ENTITY. SO THAT MEANS LIKE OUTSIDE AGENCIES AS WELL SHOULD HAVE ACCESS TO THAT DATA. OKAY. SO LET ME ASK YOU THEN THAT QUESTION. HOW WOULD THEY ACCESS OUR DATA IF WE DON'T HAVE ANY, IF WE DON'T HAVE, YEAH, AT SOME POINT, YOU'RE RIGHT. THE 30 DAY, THE 30 DAY STORAGE EVERY DAY AFTER WE TURN 'EM OFF IS GONNA BE 29TH AND 28TH AND 27TH. AND EVENTUALLY THERE WOULD BE NO DATA FOR THEM TO SEARCH. 'CAUSE WE WOULD BE BEYOND THE 30 DAYS. SO I KNOW FOR SURE THAT'S HOW THAT PART WOULD WORK. IF WE DO ANYTHING DIFFERENT, I DON'T KNOW WHAT AGREEMENTS. WELL, LET ME ASK YOU, I GUESS PART OF THE QUESTION WOULD BE, DO YOU WANT OUR DETECTIVES TO BE ABLE TO TAKE A ROBBERY SUSPECT OR A KIDNAPPING SUSPECT LICENSE PLATE AND RUN IT IN THE SYSTEM, NOT ON OUR CAMERAS BECAUSE THEY'RE COVERED UP OR TAKEN DOWN, BUT RUN 'EM IN THE SYSTEM TO SEE IF THEY'VE BEEN PICKED UP IN ANY OTHER COMMUNITY'S CAMERAS? THAT'LL HELP ME ANSWER THE NEXT PART. SO WOULD YOU LIKE FOR OUR DETECTIVES TO BE ABLE TO FIND THE KIDNAPPING SUSPECT BY RUNNING THAT LICENSE PLATE IN THE SYSTEM, OR NO? I WOULD, IF YOU DO, THEN I THINK WE HAVE TO LEAVE IT ON. THAT'S MORE DATA THAT'S COLLECTED. YEAH. THAT'S MORE DATA THAT'S COLLECTED THEN THAT THEN EXTENDS THAT 30 DAY TIMELINE. NO, NOT FROM OUR CAMERAS IN THE SYSTEM THAT WOULD RUN IT AGAINST, SAY, DALLAS OR HOUSTON OR WHATEVER CITIES HAVE SHARED WITH US. WOULD YOU WANT US TO BE ABLE, THAT'S HOW MOST THE SEARCHES THAT PEOPLE ARE CONCERNED ABOUT WHEN THEY THINK OF THE NUMBER OF SEARCHES AGAINST THE COW SYSTEM. MM-HMM . IT'S NOT BECAUSE THEY LOOKED UP YOUR LICENSE PLATE, IT'S BECAUSE THEY LOOKED UP THE LICENSE PLATE NUMBER OF A SUSPECT THAT THEY HAD THE LICENSE PLATE, AND THEY RAN IT NATIONWIDE. AND WHEN THEY RUN IT NATIONWIDE, IT CHECKS THE COW CAMERAS AND WE GET A TICK MARK THAT NEW YORK PD RAN A, A SEARCH IN OUR SYSTEM, BUT THEY WEREN'T SEARCHING FOR OUR, FOR YOUR LICENSE PLATE HERE IN KYLE. I GUESS UNLESS YOU DID SOMETHING IN NEW YORK. THEY WERE SEARCHING FOR THAT NEW YORK LICENSE PLATE NATIONWIDE TO SEE WHERE THAT VEHICLE WENT. SO I GUESS WHAT I'M ASKING IS, IF WE BLOCK OUR CAMERAS AND THERE'S NO NEW FEED OF DATA INTO THE SYSTEM FROM A KYLE CAMERA, DO YOU, BECAUSE THIS GOES TO YOUR OPERATING SYSTEM QUESTION, DO YOU WANT A KYLE DETECTIVE TO HAVE THE ABILITY TO GO INTO FLOCK, PUT IN A LICENSE PLATE NUMBER OF A SUSPECT VEHICLE, AND I'M USING A KIDNAPPING VEHICLE SUSPECT VEHICLE TO SEARCH OTHER CAMERAS THAT ARE STILL IN EXISTENCE AND USE ACROSS THE STATE TO WHICH WE MIGHT HAVE ACCESS COUNCIL MEMBER MEINA? YEAH, I WOULD THINK IF THE OTHER SYSTEMS ARE STILL IN PLAY AND STILL ACTIVE AND STILL ONLINE, UM, THEN WE SHOULD BE ABLE TO UTILIZE THAT TECHNOLOGY, UM, WHILE IT'S STILL ACTIVE. AND IF THAT BECOMES THE, THE, THE DIRECTION, THEN I THINK WE GO BACK TO HER ORIGINAL POINT IS, DO WE TURN THE SYSTEM OFF? I THINK THE ANSWER IS NO, YOU TURN THE SYSTEM OFF, THEN THEY WOULDN'T HAVE THE ABILITY TO GO IN AND RUN A BC 1, 2, 3 ACROSS THE SYSTEM WHERE THERE ARE CAMERAS AND OTHER COMMUNITIES STILL IN USE TO SEE IF OUR SUSPECT VEHICLE HAS GONE THROUGH THAT CITY OR NOT. SO THAT, BUT EVEN IF WE TURN OUR SYSTEM OFF, WILL THEY BE ABLE TO ACCESS OUR INFORMATION FOR 30 DAYS? NO. IF WE TURN IT OFF, NOBODY, I, I WOULD ASSUME THE WAY IT WOULD WORK IS THAT OUR DATA WOULD THEN BE LOCKED. YOU COULDN'T ACCESS IT, AND THEN OUR OFFICERS WOULDN'T BE ABLE TO RUN A VEHICLE IN ANYBODY ELSE'S ACROSS THE COUNTRY EITHER THEN, WHICH IS OKAY, IF THAT'S THE DIRECTION. I MEAN, IF YOU DON'T WANT US TO BE ABLE TO RUN THOSE PLATES TO FIND OUR STOLEN CAR TO SEE IF IT WENT TO SAN ANTONIO OR HOUSTON OR EL PASO, THEN THAT'S THE DIRECTION I JUST, I THINK THAT ANSWERS HER QUESTION OF DO WE WANNA TURN THE SYSTEM OFF? IF WE TURN THE SYSTEM OFF THAT THE USERNAME AND PASSWORDS WON'T WORK, NOBODY WILL LOG IN ANYMORE. I'M GONNA ASSUME THAT THAT WOULD ALSO BLOCK OUR CURRENT [04:15:01] STASH OF 30 DAY CAPTURES, AND IT WOULD DO IT IMMEDIATELY. HOW WOULD THAT OTHERWISE, THE 30 DAYS, IT WOULD TRICKLE DOWN EVERY DAY, 29, 28, 27, AND THEN THE DATA IS GONE 31 DAYS FROM NOW. IF WE TURN OFF THE SYSTEM, HOW DOES THAT AFFECT, LIKE THE DRONES THAT WE STILL HAVE? UM, YEAH, I DON THE LIVE VIEW CAMERAS, THE LPRS AND THE CRUISERS. LIKE WHAT DOES THAT LOOK LIKE? SO CRUISER'S, TOTALLY DIFFERENT THING, BUT THE DRONES, I'M NOT SURE 'CAUSE BECAUSE I DON'T KNOW WHAT PART OF THE SYSTEM DOES THE DRONE FUNCTIONING. SO I DON'T KNOW IF IT'S A FLIP THE SWITCH OFF AND IT TURNS OFF EVERY COMPONENT, OR IS THERE THERE A WAY TO COMPARTMENTALIZE AND TURN OFF THE LICENSE PLATE READER CAMERAS THAT ARE MOUNTED OUT THERE IN THE COMMUNITY AND JUST FLIP THAT SWITCH OFF AND LET THE DRONES CONTINUE TO FUNCTION NORMALLY WITHOUT DISRUPTION, WITHOUT ANY ISSUES. IF IT'S OKAY, I'LL FIND OUT. AND IF THE DIRECTION IS JUST DISCONTINUE THE LPR SIDE OF EVERYTHING, WE WOULD DO THAT. AND IF THAT MINUTE IT AFFECTS THE DRONES, THEN WE'LL DO THAT TOO. BUT IF I CAN FIND A WAY IN THE SYSTEM WHERE IT COMPARTMENTALIZES THAT AND WE JUST TURN OFF LPR TECHNOLOGIES, THEN WE WOULD DO THAT SO THAT IT DIDN'T DISRUPT ANYTHING ELSE. I WOULD LIKE TO BE ABLE TO UTILIZE THE SEARCH FUNCTION AS LONG AS WE HAVE IT. I MEAN, WE'RE, WE'RE PAYING FOR IT, SO MM-HMM . UM, THAT SEEMS TO MAKE SENSE TO ME. UM, AND IT WILL GIVE US TIME TO AT LEAST BE ABLE TO HAVE SOME LEADS WHILE WE'RE FIGURING OUT WHAT WE'RE DOING HERE. UM, AND THEN ANALYZING, YOU KNOW, OUR CRIME RATE AND STUFF LIKE THAT, HOW IT'S MAYBE CHANGED OVER THE, THE EIGHT MONTHS UNTIL THE REFERENDUM. I THINK THAT'S GONNA BE A REALLY IMPORTANT COMPONENT OF THAT AS WELL. AGREED. THE ONLY OTHER THING I NEED TO JUST CONFIRM, AND I DON'T KNOW THE ANSWER TO THIS, IS, UH, HOW THIS IMPACTS ANYTHING WITH DPS. I WANNA SAY IT'LL BE MINIMALLY, BUT I DON'T KNOW. SO I NEED TO PUT THAT CAVEAT OUT THERE. I DON'T KNOW WHAT THAT MEANS ABOUT THE DPS CONTRACT. UM, I SAY CONTRACT JUST AGREEMENT, BUT OTHERWISE, I, I THINK I'M, I'M REALLY CLEAR ON TURN THE LPR EQUIPMENT OFF AND DON'T USE IT. DON'T ACCESS IT LOCALLY. DON'T HAVE OUR CAMERAS AVAILABLE TO US OR ANYONE ELSE. CONTINUE TO USE THE SEARCH FUNCTION IF IT'S CAPTURED ON CAMERAS ELSEWHERE ACROSS THE COUNTRY. AND THEN, UH, YEAH, JUST DON'T, DON'T HAVE ACCESS TO IT LOCALLY ARE, ARE OUTSIDE THE CITY. OKAY. COUNCIL MEMBER HARRIS, THAT SEEMS HYPOCRITICAL TO ME THAT WE WANT OTHER CITIES TO CONTINUE THEIR CAMERAS AND WE'RE GOING TO USE THEIR DATA, BUT WE DON'T WANT TO PARTICIPATE IN THAT. THAT DOESN'T MAKE ANY SENSE TO ME. AND THE VPS HAS CAMERAS ON 35 35. THEY DO MM-HMM . AND THEY'RE NOT GONNA SHUT THOSE DOWN BECAUSE WE DON'T HAVE OUR CAMERAS. SO WE'LL HAVE ACCESS TO THEIR DATA. THAT'S WHAT I NEED TO CHECK ON THAT AGREEMENT. THEY, THEY'RE THE PART WHERE WE CAN ACCESS THEIR CAMERA DATA MAY IMPLY THAT THEY HAVE ACCESS TO OURS, BUT IF WE STOP IN 30 DAYS AND THEN IT'S NO LONGER IN EXISTENCE, I JUST NEED TO SEE WHAT THAT LOOKS LIKE. I HAVEN'T READ THE DPS NUANCES. WELL, AND I DIDN'T WANNA SAY A SEARCH FUNCTION IS DIFFERENT THAN LICENSE PLATES BEING READ ALL THE TIME. IT'S, AND THAT'S THE, WHICH IS THE CONCERN THAT THE RESIDENTS HAVE SURE. HAVE SAID IS WE DON'T WANT OUR LICENSE PLATE READ ALL THE TIME. IT'S DIFFERENT THAN IF YOU KNOW THAT THERE'S A CRIME AND YOU'RE PUTTING THIS LICENSE PLATE IN SURE. TO FIND IT, UM, THAT WE CAN'T DO THAT IN OUR CITY, BUT WE CAN USE OTHER CITY'S DATA. YEAH. WELL, OUR, OUR RESIDENTS DON'T, I MEAN, I DON'T WANNA SAY THEY DON'T WANT IT, BUT THAT'S HYPOCRITICAL. IT IS. WELL, I MEAN, THAT'S THE WILL OF THE PEOPLE AT THIS POINT, YOU KNOW. UM, WELL, I HAVE A QUESTION THAT MAY OH, SORRY, GO AHEAD. COUNCIL MEMBERS. UM, I, I HAVE A QUESTION THAT MAY HELP RESOLVE A LITTLE BIT OF THE PICKLE THAT WE'RE IN. UM, IS IT POSSIBLE THAT WE JUST COVER THE CAMERAS AND THEN DELETE THAT DATA SO THAT WAY WE DON'T HAVE TO WORRY ABOUT IT EXISTING FOR 30 DAYS AND THEN 29 DAYS AND THEN 28 DAYS? I'LL CERTAINLY ASKING IF IT IS. SO IF THAT'S THE DIRECTION WE COULD, IF THEY SAY YES, THEY CAN MAKE THAT HAPPEN. I'LL ASK 'EM TO DO IT IMMEDIATELY SO THAT IT'S REMOVED FROM THE SYSTEM. OKAY. BECAUSE WE'VE BEEN TOLD TIME AND TIME AGAIN THAT WE OWN THE DATA AND THAT WE CONTROL IT. YES. SO I FIGURE WE SHOULD BE ABLE TO DELETE IT THEN. I DO NEED TO ASK THIS. I DO NEED TO THROW OUT A CAVEAT TO MY LEGAL ADVISOR, TO MY RIGHT. UH, I'M ASSUMING THAT WE'RE WELL WITHIN OUR RIGHT TO JUST TO GET RID OF THOSE RECORDS THAT EXIST, BECAUSE THAT WOULD BE THE DIRECTION OF COUNSEL. BUT I WOULD JUST WANT TO THROW THAT OUT THERE. IT IS A CITY, IT'S A RECORD, AND I DON'T WANNA SAY YES UNTIL SHE SAYS YES. I, I BELIEVE IT'S ADMINISTRATIVELY VALUABLE THAT IT'S KEPT, BUT YEAH. SO THAT WOULD BE IT. WHEN IT'S AV ADMINISTRATIVELY VALUABLE, THEN WE USE IT AS LONG AS IT'S VALUABLE. IF WE'RE NOT GONNA BE USING IT FOR POLICE PURPOSES, IT'S NOT GONNA BE VALUABLE. SURE. I MEAN, WE WANNA COMPLY. I JUST DIDN'T WANNA DESTROY A RECORD AND SOMEBODY SAY WE DESTROYED SOMETHING WITHOUT THE RIGHT STEPS IN PLACE. OKAY. WE'RE, WE'RE, WE'RE HAPPY TO COMPLY WITH THAT. ABSOLUTELY. ALL RIGHT. WELL, WE GOT A MOTION AND A SECOND. CAN I GET A ROLL CALL VOTE PLEASE. FLORIS KALE? YES. HARRIS? NO. TOUS. NO. ZAPATA, YES. MCKINNEY POLITICAL CAREER GOES DOWN AND CLAIMS FOR DOING, I THINK IS RIGHT. MY COMMUNITY. YOUR MIC'S NOT ON EXPEDIENT, SO BE IT. I'M GONNA SAY NO. [04:20:02] GZA YES. MEDINA. YES. ALL RIGHT. MOTION PASSES. FOUR TO THREE. I'M NEXT [20) Consider directing the Interim City Manager to bring back a Resolution regarding record-keeping for Executive/Closed Session Council Meetings.] WE HAVE AGENDA ITEM 20. CONSIDER DIRECTING THE INTERIM CITY MANAGER TO BRING BACK A RESOLUTION REGARDING RECORD KEEPING FOR EXECUTIVE SLASH CLOSED SESSION COUNCIL MEETINGS. UM, WE HAVE OH, ITEM CO-PRESENTERS. JEN, UH, JENNIFER KIRKLAND AND MARCO 14. DIRECTOR OF IT. DID SHE, DID SHE, HMM. UM, I GUESS SHE'S GONE. I DON'T SEE HER ANYMORE. I WAS JUST CHECKING TO SEE IF WE HAVE, MAKING SURE WE HAVE, YEAH, WAIT AND SEE IF SHE CAN GET BACK ON. SHE WENT OFFLINE. MARCO SAYS SHE WENT OFFLINE AT 1135. JENNIFER, FOR THE MINUTES, YOU MAKE A NOTE. PULLING DOUBLE DUTY HERE. I LOVE IT. UM, OKAY. ALL RIGHT. ARE YOU ALL READY? I'M READY. OKAY. JENNIFER KIRKLAND, CITY SECRETARY FOR THE RECORD. UM, THIS IS THE ITEM. CONSIDER DIRECTING THE INTERIM CITY MANAGER TO BRING BACK A RESOLUTION REGARDING RECORD KEEPING FOR EXECUTIVE CLOSED SESSION COUNCIL MEETINGS, AND DISCUSS POTENTIAL OPTIONS RELATED TO AUDIO AND VIDEO RECORDING FOR SUCH SESSIONS. UH, THIS IS THE BACKGROUND. WE WERE ASKED TO, UM, EVALUATE RECORDING OPTIONS FOR EXECUTIVE SESSION BY MAYOR FLORES KALE. UM, FIRST IN AN AGENDA SETTING MEETING, AND THEN FORMALLY BY EMAIL AND, UM, OUR INTERIM CITY MANAGER, PERVEZ MOHI, HE ASSIGNED MYSELF AND MARCO TO LOOK INTO THE, THE ITEM. THESE ARE THE REQUIREMENTS. UH, YOU CAN KEEP EITHER A CERTIFIED AGENDA, WHICH IS WHAT WE CURRENTLY DO, UM, OR YOU CAN KEEP A RECORDING. AND WHETHER YOU DO THE CERTIFIED AGENDA OR DO THE RECORDING, UH, THE MAYOR MUST CERTIFY THAT IT'S TRUE AND CORRECT THE MEETING. UH, WE MUST INCLUDE THE START AND AND TIME AND DATE OF THE MEETING. UM, MUST INCLUDE THE SUBJECT MATTER OF EACH DELIBERATION AND INCLUDE ANY RECORD OF FURTHER ACTION TAKEN IF A CERTIFIED AGENDA OR A RECORDING IS, UH, RELEASED. IT'S A CLASS B MISDEMEANOR. SO THERE'S SOME, UH, ITEMS OF CONCERN WHEN YOU TALK ABOUT RECORDING, UM, THE, YOU KNOW, WHO HAS ACCESS TO IT AND KEEPING THE CHAIN OF CUSTODY, THAT SORT OF THING. ANY CURRENT SEATED COUNCIL MEMBER HAS A RIGHT TO INSPECT BUT NO COPIES. UM, THAT BEING SAID, WHENEVER I GET TO SOME OF OUR PEER CITIES, UM, NOT EVERYBODY IS FOLLOWING THAT. UM, I WOULD ADVISE HEAVILY AGAINST JUST BEING ABLE TO ACCESS IT AT YOUR OWN WILL, UH, JUST BECAUSE OF THE CRIMINAL IMPLICATIONS THAT IT DOES BRING WITH IT. UM, SO CURRENTLY SEATED COUNSEL, SO SAY YOU WERE A COUNCIL MEMBER THAT WAS IN THAT MEETING, AND NOW YOU'RE NO LONGER ON COUNCIL, YOU NO LONGER HAVE A RIGHT OF ACCESS TO THAT RECORDING. SIMILARLY, A NEW COUNCIL MEMBER WHO WASN'T IN THE MEETING NOW HAS A RIGHT OF ACCESS TO THE MEETING THAT THEY DID NOT PARTICIPATE IN. WE HAVE TO KEEP THE RECORD FOR A MINIMUM OF TWO YEARS LONGER IF IT'S INVOLVED IN ANY SORT OF A LAWSUIT. SO THIS IS OUR CURRENT PROCESS. UM, I DRAFT THE CERTIFIED AGENDA, PRESENTED TO THE MAYOR. SHE, UM, SIGNS OFF THAT IT'S TRUE AND CORRECT, AND THEN IT IS STORED IN A FIREPROOF SAVE FOR TWO YEARS, AND THEN WE GET RID OF IT. NOW, I DON'T GET RID OF ONE FOR EVERY SINGLE DATE THAT PASSES. IT'S LIKE, I'LL DO A CHUNK AT A TIME. UM, BUT WE DO IT PRETTY REGULARLY, PROBABLY, I WOULD GUESS QUARTERLY THAT WILL PURGE THE TWO YEAR RECORDS THAT HAVE PASSED THEIR DATES. AND THEN STRICT COMPLIANCE IS KEPT TO MEET THE OPEN MEETINGS ACT STANDARDS. WE, WHEN THIS FIRST GOT ASSIGNED, WE HAD NOT FINALIZED OUR COMPARABLE CITIES. SO ONCE THAT DID TAKE PLACE, THEN WE WENT BACK AND ASKED ALL OF OUR [04:25:01] COMPARABLE CITIES WHAT THEY'RE DOING. AND OUT OF THESE FIVE COMPARABLE CITIES, ONLY ONE IS DOING RECORDINGS. EVERYBODY ELSE IS USING A CERTIFIED AGENDA. BEFORE WE HAD FINALIZED THIS, I REACHED OUT TO THE CHAPTER THAT I BELONG TO WITH THE TEXAS MUNICIPAL CLERKS ASSOCIATION, WHICH IS THE ALAMO CHAPTER. AND THESE ARE THE RESPONSES THAT I RECEIVED. UM, THERE'S ONLY THREE THAT ARE DOING RECORDINGS. ONE OF THOSE I WILL SAY, UH, WAS THE ONE THAT THEY JUST STICK IT ON A GOOGLE DRIVE. I DON'T RECOMMEND IT, NO . UM, I DON'T RECOMMEND IT AT ALL. AND, UM, THE OTHERS, YOU KNOW, HAD THE OTHERS HAD WHERE NOBODY HAD ACTUALLY EVER COME TO ASK THEM TO, TO REVIEW IT. SO NOBODY HAD A WRITTEN POLICY. I'M GONNA RECOMMEND THAT WE HAVE A WRITTEN POLICY NO MATTER WHICH WAY WE GO. AND THAT WAY, IF WE EVER DECIDE TO MAKE CHANGES, THEN IT'LL COME BACK AS A RESOLUTION AND WE'LL AMEND IT. AND THAT WAY IT'S IN WRITING WHAT WE'RE DOING AND HOW WE'RE DOING IT, AND WHAT THE COUNCIL EXPECTA EXPECTATIONS ARE. AND THEN I AM GONNA PASS IT TO MARCO. UH, GOOD EVENING, MAYOR AND COUNCIL. UH, MARCO 40, DIRECTOR OF INFORMATION TECHNOLOGY FOR THE RECORD. UM, SO JENNIFER WENT THROUGH, UH, WHAT WE CURRENTLY DO, THE METHOD OF, UH, RECORDING CLOSED, UH, SESSIONS. UM, THESE NEXT COUPLE SLIDES ARE OTHER OPTIONS THAT WE, UM, ARE SEEKING GUIDANCE FOR, UH, OF RECORDING THESE SESSIONS IF WE DON'T WANT TO, UH, MOVE, UH, CONTINUE ON WITH, UM, CERTIFIED AGENDA RECORDING. SO THE OPTIONS THAT WE EVALUATED, UM, NEEDED STILL, STILL NEEDED TO MEET THE STANDARDS OF, UH, THE TEXTILE MEETINGS ACT. SO EACH, EACH OPTION THAT I'M ABOUT TO SHOW YOU, WE DID AN EVALUATION BASED OFF OF THESE THREE MAIN COMPONENTS, WHICH IS MAKING SURE IT'S COMPLIANT TO THE OPEN MEETINGS ACTS. UM, IT STILL MEETS THE CONFIDENTIALITY OF THOSE RECORDS, AS WELL AS THE RELIABILITY OF THE SYSTEM. SO THE FIRST OPTION THAT, UM, WE LOOKED AT IS SOMETHING THAT WE ARE PRETTY MUCH, UM, MOSTLY FAMILIAR WITH, IS A, A TEAMS MEETING ROOM. UM, SO THIS IS SOMETHING THAT WE CURRENTLY DO WITH THE EXECUTIVE SESSIONS. WHEN, UH, WE'RE IN THERE, WE'RE PRESENTING PRESENTATIONS. THIS SYSTEM THAT WE CURRENTLY HAVE, UH, HAS THE ABILITY TO RECORD BOTH VIDEO AND AUDIO. CURRENTLY, WE DO NOT DO THAT RIGHT NOW. WE'RE JUST USING IT FOR PRESENTATION PURPOSES. UH, BUT THIS SYS THIS, THIS, UH, OPTION WOULD CAPTURE ALL THE AUDIO AND THE VIDEO ITSELF. THE DATA ITSELF AFTER THE RECORDING WOULD BE STORED ON A MICROSOFT CLOUD SERVER. UM, AND THEN, UH, MANAGE POLICIES WOULD PROTECT THAT DATA ITSELF. SO, UM, THIS OPTION, WE DID EVALUATE, AGAIN, THE PROS, CONS AND RISKS ASSOCIATED TO THIS OPTION. SO THE PROS OF THIS IS IT IS MINIMAL. UM, IN TERMS OF EXPENDITURES, WE, WE USE AN EXISTING SYSTEM THAT WE CURRENTLY HAVE RIGHT NOW. UM, IT GIVES US A SIMILAR INTERFACE THAT WE ARE, WE ARE FAMILIAR WITH, AND IT DOES HAVE AUTOMATIC CLOUD BACKUPS 'CAUSE WE DO BACK UP OUR, OUR MICROSOFT 365, UH, BACKEND SYSTEM. UM, THE CONS OF THIS IS IT IS STORED ON A CLOUD SERVER. UM, YOU KNOW, PUTTING IT ON THE INTERNET ALWAYS ASSOCIATES A HIGHER LEVEL OF RISK. UM, SO WE WANT TO KIND OF LOOK AT THAT. AND THEN THE RISK ITSELF IS IF THERE IS SOME TYPE OF NETWORK OUTAGE DISRUPTION, POWER FAILURE, IT WILL CUT THAT AUDIO OR THE RECORDING ITSELF. AND SO WE WOULD'VE TO KEEP TRACK OF THAT RECORD AS WELL. UM, THE SECOND OPTION THAT WE HAVE IS A LITTLE BIT OF OLD SCHOOL WAY OF DOING THINGS, BUT IT'S MORE OF A DIGITAL RECORDER. UH, THERE'S SOME ISSUES THAT STILL USE DIGITAL RECORDING, AND THIS IS BASICALLY A PHYSICAL DEVICE THAT WOULD RECORD, UM, THE EXECUTIVE SESSIONS WOULD BE MANAGED BY EITHER THE CITY SECRETARY OR A MAIN OFFICER INSIDE THAT EXECUTIVE SESSION. UM, THE DATA WOULD BE STORED ON SD CARDS. UM, AT THAT POINT IT IS AIR GAPPED. UM, SO IT'S NOT TOUCHING THE INTERNET AT THAT POINT. THEY WERE THE SAME PARAMETERS. AND THE PROCESSES OF WHAT WE USE TO, UH, MANAGE CERTIFIED AGENDAS WOULD BE THE SAME PROCESSES THAT WE WOULD MANAGE THE SD CARDS, UM, FOR THE DATA ON THAT. UM, SO THESE ARE LITTLE SMALL COMPONENTS THAT EITHER A MICROPHONE IS BUILT IN OR A EXTERNAL MICROPHONE IS PLUGGED INTO IT. UM, THE PROS AND CONS OF THIS ONE IS, AGAIN, THE PROS IS IT IS AIR GAP. IT'S NOT ON THE INTERNET. IT'S NOT ON SOME CLOUD SERVER THAT IT COULD ACCIDENTALLY GET HACKED OR WHATEVER THE CASE MAY BE. UM, IT IS MID TO TIER COSTS. IT'S UNDER $5,000 FOR THE HARDWARE ALONG WITH THIS ASSOCIATED. UM, YOU KNOW, WE GOTTA BUY MULTIPLE SD CARDS FOR EACH, YOU KNOW, EXECUTIVE SESSION THAT WE DO. SO THAT AC ACQUIRES COSTS. UM, AND IT'S A SIMPLE CHAIN OF CUSTODY, RIGHT? YOU ONLY HAVE ONE PERSON THAT'S REALLY, OR A FEW PEOPLE THAT ARE ACTUALLY MANAGING THE CHAIN OF CUSTODY OF THAT SPECIFIC, UM, UH, DATA SET OR RECORDING. UM, THE CONS OF THIS IS BASICALLY [04:30:01] IT IS, UH, A MANUAL PROCESS. SO WHOEVER'S IN CHARGE OF IT IS YOU'RE GONNA BE RESPONSIBLE FOR, UM, RECORDING THOSE SESSIONS, PAUSING THOSE SESSIONS, WHETHER YOU GUYS ARE TALKING ABOUT ATTORNEY CLIENT PRIVILEGE, WHEREVER THE CASE MAY BE, AND CONTINUING ON AND RESUMING THAT RECORDING. UH, THE OTHER CON IS USUALLY ON THESE DEVICES, THEY'RE SMALLER MICROPHONES, SO THEY REALLY DON'T PICK UP, UH, SETTINGS THAT ARE, HAVE LARGE PEOPLE, UH, LARGE ROOMS, OR THERE'S A LOT OF PEOPLE IN THERE AS WELL. AND THEN THE OTHER THING IS IT'S ONLY AUDIO. THERE'S NO VIDEO ON THIS SPECIFIC, UH, OPTION ITSELF. THE RISK ASSOCIATED TO THIS ONE IS, UM, MISPLACEMENT OF THE HARD, THE HARDWARE ITSELF, UH, THE SD CARDS OF WHERE THE DATA THEY GET CORRUPT, WHATEVER THE CASE MAY BE. AND THERE'S NO BACKUP SYSTEM ON THIS. UM, THE THIRD OPTION THAT I HAVE FOR YOU IS VERY SIMILAR TO WHAT THE CITY OF GEORGETOWN IS DOING. UM, THIS IS A INTEGRATED AV SYSTEM. UH, SO THIS IS BASICALLY AN OPTION WHERE WE WOULD REVAMP THE EXECUTIVE SESSION ROOM, WHERE WE WOULD ACTUALLY INSTALL DEDICATED MICROPHONES THAT WOULD PICK UP AUDIO, UM, CLEARLY WHERE EVERYBODY'S SIGNING. THESE ARE MORE SET FOR MEDIUM SIZED ROOMS. UM, WE'LL HAVE AN ACTION DEDICATED CAMERA RECORDING SYSTEM IN THIS ROOM ITSELF WITH A TOUCH PANEL ON THE TABLE, WHICH WOULD BE A ONE TOUCH PANEL THAT WOULD BE CONTROLLED EITHER BY CITY SECRETARY OR AGAIN AN OFFICER, MAYOR, WHOEVER WOULD, UM, HANDLING THAT RECORDING ITSELF. UM, THIS IS A MUCH, UH, UNIFIED, UH, OPTION ITSELF. SO, SO THE DATA ON THIS WOULD BE STORED ON A LOCAL USB WITH A BACKUP, UH, AS A, ON A HARD DRIVE, A LOCAL, ON A LOCAL HARD DRIVE. UM, AT THE END OF THE SESSIONS, THE USB COULD BE PULLED OUT BY CITY SECRETARY AND STILL USE. AND THE CURRENT PROCESSES OF SECURING THAT DATA, WHETHER IT'S IN A SAFE OR WHATEVER THE CATCH MAY BE FOR THE RETENTION PERIOD. UM, THE PROS OF USING THIS ONE IS, IT'S AN, IT'S AN ENTERPRISE, UM, FULL GRADE SYSTEM. IT'S, IT'S, IT'D BE VERY, VERY SIMPLE TO USE. WE DON'T WANNA MAKE THINGS REALLY, REALLY COMPLICATING ON THIS. SO THIS IS BASICALLY A ONE-TOUCH SYSTEM. YOU GO IN THE ROOM, PLUG IN THE USB, PUSH THE RECORD BUTTON, AND AT THE END OF IT STOP THE RECORDING. AND THEN YOU COULD PULL THAT USB OUT AND YOU HAVE ACCESS TO THAT DATA. UM, SO IT IS VERY, VERY SIMPLE. IT'S HIGHLY SECURE. IT'S NOT ON THE INTERNET. IT'S STILL LOCAL. UM, THE CAUSE OF THIS IS A LITTLE BIT HIGHER UPFRONT COSTS, UM, A LITTLE OVER 30 K IS WHAT WE ESTIMATED BASED OFF OF OUTFITTING THAT ROOM AND THE SIZE OF THAT ROOM. UM, AND THEN OF COURSE, UH, WE WOULD GET, UH, INTEGRATED TO INSTALL THAT. AND THEN THE RISKS ARE, ARE PRETTY MINIMAL. UM, BECAUSE THIS OPTION DOES HAVE A BACKUP FEATURE LOCALLY, IF, UH, USB DOES GET CORRUPTED OR THE CASE, MAYBE WE'RE STILL ABLE TO GO AND MAKE ANOTHER COPY OF THAT, UM, FOR A CERTAIN AMOUNT OF TIME. AND SO, UH, TODAY WE ARE ACTUALLY, WE'RE HERE TONIGHT TO REQUEST DIRECTION FROM THE COUNCIL ON TWO SPECIFIC ITEMS. THE FIRST ITEM IS BASICALLY THE METHOD OF RECORDING CLOSED SESSIONS. DO WE CONTINUE, UM, RECORDING CLOSED EXECUTIVE SESSIONS THROUGH A CERTIFIED AGENDA OR MOVE TO, UH, RECORDING MEETINGS AS A ACTUAL CERTIFIED, UM, UH, METHOD OF, OF, OF CAPTURING DATA? AND IF SO, WHATEVER OPTION YOU DO CHOOSE, THE SECOND CHOICE UNDER OR THE SECOND DIRECTION THAT WE'RE REQUESTING IS, UM, HOW YOU WOULD WANT TO RECORD THAT DATA OUT OF THOSE OPTIONS THAT I ACTUALLY, UH, RECOMMENDED. OR IF YOU DO DECIDE TO DO A CONTINUE ON A CERTIFIED AGENDA, DO WE NEED TO REVAMP OF WHAT INFORMATION WE'RE COLLECTING ON THAT CERTIFIED AGENDA? AND SO WHATEVER CHOICE WE, YOU, YOU DO GUYS RECOMMEND, WE WILL COME BACK WITH A RESOLUTION WITH THAT RECOMMENDATION. UM, AND THAT, DO YOU HAVE ANY QUESTIONS? ? I GUESS WE'RE GONNA HAVE TO TALK ABOUT A PREFERENCE. UM, AND I, I AGREE WITH JENNIFER. WE SHOULD HAVE WRITTEN ALWAYS, BUT I KIND OF AM CONFUSED HOW WE'RE GONNA DO THE ELECTRONICS. ARE WE JUST GONNA STORE THEM ? I KNOW THERE'S SOME OF THEM WERE LIKE USBS AND MM-HMM . BUT WHAT, WHAT WAS THE, WHAT'S THE OVERALL PURPOSE? YES. WHAT'S RECORDING THEM? OH, THAT'S A GREAT QUESTION. I'M GLAD YOU GUYS BROUGHT THAT UP. SO DO YOU REMEMBER WHEN WE WERE TALKING ABOUT STUFF LIKE, UM, BRIAN LANGLEY'S CONTRACT AND WE HAD NO IDEA WHAT THE MOTIVE WAS FOR BEHIND IT? AND SO WHEN WE TALK ABOUT STUFF IN EXECUTIVE SESSION, WE COME OUT, THERE'S A NEW COUNCIL COMES IN, YOU KNOW WHAT I MEAN? LIKE, WE HAVE TO MAKE SURE THAT THERE'S A CONSISTENCY IN OUR COUNCILS. AND SO IT'S IMPORTANT THAT WE KNOW, OR WE GIVE TO FUTURE COUNCILS. THE INFORMATION THAT WE HAD IN EXECUTIVE SESSION, I MEAN, THERE IS A CONFUSION FOR SURE. 'CAUSE THIS IS PROBABLY NEVER BEEN DONE BEFORE, JENNIFER. YOU'VE NEVER DONE THIS, RIGHT? SO THERE IS A TRANSPARENCY ASPECT TO WHAT WE'RE DOING. THIS IS ENSURING THAT FUTURE COUNSEL [04:35:01] UNDERSTANDS WHAT OUR MOTIVES WERE AND WHAT WE DISCUSSED IN EXECUTIVE SESSION WHEN WE'RE NOT THERE TO TELL THEM. THERE SHOULD ALWAYS BE AS, AS JENNIFER SAID, THAT LOTS OF OTHER CITIES DO THIS. THEY TRACK AND THEY DOCUMENT THEIR EXECUTIVE SESSIONS. UM, SOME DO IT BY RECORDINGS, SOME DO IT BY CERTIFIED AGENDAS. BUT WHAT THAT DOES IS THAT IT HELPS THE FUTURE COUNCILS TO UNDERSTAND THE MOTIVE AND THE REASONING BEHIND THE DECISIONS THAT ARE MADE IN EXECUTIVE SESSION. SAYING JUST HAVE IT OUT IN THE OPEN. JUST, YOU KNOW, IF WE'RE GONNA GO IN THE BACK AND RECORD, WE'RE GONNA GO TO THE BACK AND JUST RECORD AND SAVE IT FOR A RAINY DAY BECAUSE SOMEBODY DOESN'T KNOW EXACTLY WHAT THEY TALKED ABOUT. IT'S LIKE, THEN JUST HAVE IT OUT IN OPEN SESSION BECAUSE IT MAKES SENSE. IT MAKES SENSE. WHAT, BY WALKING IN HERE, JENNIFER SAYS IT GETS INTO THE WRONG HANDS. HEAVEN FORBID A LICENSE PLATE GETS INTO THE WRONG HANDS. YOU KNOW, 'CAUSE IT'S BEING RECORDED. UH, THAT'S, THAT COULD BE CRITICAL. SO WHEN YOU RECORD IT, UM, I'M, I'M TRYING TO UNDERSTAND, YOU KNOW, OKAY, FOR HOW LONG AND WHO'S GONNA GET IT AND WHAT'S THE INFORMATION FOR, HOW ARE YOU GONNA DETAIL IT? 'CAUSE THEN THAT BECOMES A COST EVENTUALLY. WELL, THAT'S EXACTLY WHAT THEY JUST EXPLAINED TO US. AND NO, THAT'S WHAT I'M TRYING TO UNDERSTAND. WHAT WOULD BE THE WHOLE OVERALL PURPOSE OF RECORDING A PRIVATE SECURED MEETING, AN EXECUTIVE MEETING TO HAVE IT RECORDED? DO YOU NOT REMEMBER THE THINGS THAT WE'VE GONE THROUGH THIS YEAR? OH, I KNOW WHAT WE'VE BEEN THROUGH. YEAH. SO, BUT I'M JUST SAYING, SO AGAIN, IT WOULD'VE BEEN JUST BRINGING IT OUT INSTEAD OF HAVING AN EXECUTIVE. WELL, SOMETHING YOU CAN'T JUST COME OUT, JUST COME OUT ON THE DIET. SO THAT WAY IT'S FULLY RECCO RECORDED AND LIKE YOU AND EVERYBODY ELSE HAVE ALWAYS SAID, BEING TRANSPARENT AND JUST HAVING IT RECORDED ON THE DAIS, WHY BRING IT OUT IN AN EXECUTIVE AND RECORD IT AND THEN HOLD ONTO IT AND THEN SAY, WELL, DID I REALLY SAY THAT? OR WHO WAS IT THAT SAID THAT? WHEN YOU WANT TO BE TRANSPARENT ENOUGH, WHY EVEN HAVE THAT? IF IT'S SOMETHING THAT HAS TO DO WITH PERSONNEL, OBVIOUSLY YES. UH, FOR MAYBE AN EMPLOYEE. BUT IF IT HAS TO DO WITH CITY MANAGER OR CHIEF OR ANYBODY ELSE, JUST HAVE IT OUT IN THE OPEN, WHAT IF IT HAS TO DO WITH NEGOTIATIONS? WELL, THAT, THAT'S WHAT IF IT HAS TO DO WITH, WITH SOME LEGAL, THE, THE ONLY REASON THAT WE GO BACK TO EXECUTIVE IS BECAUSE THE DISCUSSIONS COULD ARGUABLY BE COMPROMISING, RIGHT. FOR THE CITY. AND SO YOU, THERE'S, THERE'S ALL LIABILITY AND VERY LIMITED BENEFIT TO HAVING A PERMANENT RECORDING OF THAT COUNCIL MEMBER. HARRIS, ALL THAT MATTERS IS THE MOTION FROM THE DIOCESE AND WHAT THAT VOTE WAS. OUR DISCUSSIONS ARE JUST DISCUSSIONS. THEY DON'T MATTER. THEY DON'T SET POLICY. THAT IS NOT WHAT COUNTS. WE COME OUT HERE, WE MAKE A MOTION AND WE VOTE ON IT. THAT'S WHAT COUNTS. I DON'T SEE HOW RECORDING THE EXECUTIVE SESSIONS IS HELPFUL IN ANY WAY. OKAY. SO LET ME RELIVE A SITUATION THAT I WAS ON WHEN, WHEN I WAS A COUNCIL MEMBER CAME OUT. I'D LIKE TO, IT WAS MADE IN MOTION BY THE MAYOR. I'D LIKE TO MAKE A MOTION TO APPROVE THE CONTRACT. WE DISCUSSED FOR THE BRIAN LANGLEY IN EXECUTIVE. THAT WAS A MOTION AND IT PASSED. AND HOW DO WE KNOW AS PEOPLE WHO SIT OUTSIDE, LOOK OUT IN THE, HOW DO WE KNOW WHAT WAS TALKED ABOUT IN THERE? IN FACT, THAT'S EXACTLY WHAT HAPPENED WITH, WHEN THERE WAS THE ATTORNEY AND THE CITY MANAGER'S AMENDMENTS TO THEIR CONTRACTS. WE DIDN'T KNOW AS PEOPLE SITTING IN THE AUDIENCE WHAT YOU GUYS TALKED ABOUT IN EXECUTIVE. BUT THAT MOTION THAT YOU SAY DOESN'T MATTER IS EXACTLY WHAT PASSED AND HAD NO INFORMATION. AND SO ALTHOUGH WE'RE NOT LIKE THAT RIGHT NOW, THAT DOES NOT MEAN WE'RE NOT GONNA BE LIKE THAT NEXT YEAR OR THE YEAR AFTER OR THE YEAR AFTER. SO THE, THE GOAL IS TO PROTECT THE RESIDENTS FOR ONE IN CASE THEY DO WANNA COME BACK AND SAY, WELL, THERE WAS A MOTION FOR WHAT WAS DISCUSSED IN EXECUTIVE, BUT YOU GUYS DIDN'T TALK ABOUT IT OUT HERE. HOW CAN I FIND OUT WHAT WAS DISCUSSED IN HIS EXECUTIVE, WELL, CORRECT ME IF I'M WRONG, WASN'T PART OF THE THE PRESENTATION THAT WE CAN'T SHARE THAT WITH THE PUBLIC? THAT'S CORRECT. YOU CANNOT, CAN'T SHARE IT. YOU CANNOT NOT RELEASE THE RECORDING SUE UNDER THE TOMA IN ORDER TO GET THAT INFORMATION. IS THAT CORRECT? WOULD'VE GOTTEN THAT INFORMATION AND YOU WOULD'VE INADVERTENTLY UNINTENTIONALLY COMMITTED A CRIME BY DIVULGING THAT. WELL, UNLESS THAT WENT UP TO THE, THEY WOULD'VE TO GET A COURT ORDER TO GET A COPY OF IT. SO IF SOMEONE BELIEVED THAT THERE WAS A TOMA VIOLATION AS COUNCIL MEMBER GZA WAS SAYING THEY COULD SUE AND PUT IN A COURT ORDER FOR [04:40:01] A COPY OF THEIR COURTING, THEY MAY OR MAY NOT GET IT AT THAT POINT. OR YOU COULD SEND IT TO THE SOS OR TO THE AGS OFFICE, WHICH OFTEN HAPPENS AND YOU CAN LET THEM DECIDE WHETHER OR NOT IT COULD BE RELEASED. I'VE NEVER DEALT WITH THAT ON A RECORDING. UM, BUT AGAIN, IT, IT'S A CRIME TO RELEASE IT TO SOMEBODY WHO'S NOT ELIGIBLE TO HAVE IT. RIGHT. WELL, I'M NOT SAYING WE RELEASE IT WITHOUT AUTHORITY. WHAT I'M SAYING IS IF I WAS A RESIDENT AND I WAS SITTING IN THE AUDIENCE AND THE MOTION WAS THAT WE'RE GONNA PASS WHATEVER WE TALKED ABOUT IN EXECUTIVE, I THINK THE AG WOULD HAVE A REALLY GOOD, UM, LIKE THE RIGHT TO TELL US TO TELL THE CITY THAT THAT NEEDS TO BE RELEASED BECAUSE THE RESIDENTS HAVE A RIGHT TO KNOW WHAT THEY JUST VOTED ON. YEAH. I'D HAVE TO LOOK AT IT BECAUSE IT'S AN INTERESTING INTERPLAY BETWEEN PUBLIC INFORMATION ACT AND OPEN MEETINGS ACT. BUT I DO AGREE AG HAS AUTHORITY OVER BOTH. AND SO IT WOULD JUST BE HOW THAT REQUESTED AFTER WE MADE. YEAH. AND THAT WAS SHOULD FALL BACK ON THE LAST ADMINISTRATION TO WHEN YOU COME OUT AND SAID, THIS IS WHAT WE DISCUSSED IN, IN EXECUTIVE, HERE'S THE PRICE. THIS IS WHAT WE'RE DOING AND THIS IS WHAT WE'RE VOTING ON. SO THAT WAY YOU HAVE THAT INFORMATION. OKAY. THAT THAT DIDN'T HAPPEN AND IT DIDN'T HAPPEN BEFORE. AND I WAS PART OF THAT. I WAS PART OF, OKAY, WE MAKE A MOTION TO BUY THESE PROPERTIES AND I SECONDED MOTION AND BOOM, WE'RE DONE. AND EVERYBODY'S LIKE, WELL WHAT THE HELL DID YOU GUYS JUST DO? AND WHAT DID YOU SUSPEND IT ON? RIGHT. $3 MILLION ON ONE. I HAD TO FIND THAT OUT LATER ON. WELL THAT'S THE PROBLEM THAT WE HAD BEFORE. WELL, WE DIDN'T DISCUSS IT OUT HERE AND IT WAS NOT FAIR FOR THE RESIDENTS. SO I I'M TRYING TO UNDERSTAND, RECORDING THESE THINGS. DOES THAT MEAN THAT WE RECORDED AND THEN WE RELEASE IT TO THE FREE PRESS FOR THEM TO HEAR WHAT WE TALKED ABOUT? NO. YEAH. I DON'T EVEN UNDERSTAND HOW THAT CAME UP. I THINK PART OF IT IS KEEPING COUNSEL HONEST AND MAKING SURE THAT WE ARE ADHERING TO THE OPEN RECORDS ACT. BECAUSE IF A RESIDENT HAS AN ISSUE AND SAYS, OKAY, WELL THERE WAS AN OPEN MEETINGS VIOLATION LIKE FAJITA DRIVE, UM, THEN IF WE GET SUED, THEN WE'VE GOTTA RECORD OF THAT TO SAY NO, THERE WASN'T. THEN YOU HAVE IT ON THE DAAS, YOU HAVE A CONVERSATION DOWN HERE. RIGHT. YOU'RE, LOOK, I UNDERSTAND IT'S EASY TO SAY THAT AT THIS VERY MOMENT, BUT YOU AND I KNOW DARN GOOD AND WELL, I KNOW THAT A LOT OF THINGS GOT APPROVED. SO, BUT YOU, AND SAY FOR EXAMPLE, YOU'RE HERE, NOT HERE IN A YEAR OR TWO YEARS. HOW ARE WE GONNA ASSURE THAT I'M NOT HERE NEXT YEAR? HOW ARE WE GONNA ASSURE THAT? THE ONLY WAY YOU CAN ASSURE THAT YOU KEEP IT ON THE STRAIGHT AND NARROW IS TO HAVE A POLICY OR A PROCEDURE AND THEN, THEN YOU RECORD IT. YOU'RE PROTECTING THE RESIDENTS FROM FUTURE TEMPTATION OF COUNSEL TO NOT DO THE RIGHT THING. BUT THEN WHAT HAPPENS WHEN THOSE RECORDINGS GET LEAKED? WHO, HOW? BECAUSE THEY PROBABLY COULD TELL US HOW THEY'RE GONNA GET LEAKED. THEY COULD. IT'S THE SAME. IT'S THE SAME THING THEY COULD GET RELEASED. IT'S JUST AS MUCH AS SAY WE GONNA GET A BAD MAYOR WHO MIGHT GO BACK THE SAME WAY. RIGHT. SO WE'RE GONNA YEAH, NO, WE'RE GONNA GIVE JENNIFER AN OPPORTUNITY TO DISCUSS HOW THIS CAN GET LEAKED. SO THESE RECORDS WOULD BELONG TO THE CURRENTLY SEATED COUNCIL MEMBERS. THEY'D BE IN THE CITY SECRETARY'S POSSESSION. UNLESS Y'ALL WENT WITH ONE OF THESE OTHER OPTIONS. I THINK THE TEAM'S ONE WOULD ACTUALLY GO THROUGH IT. UM, BUT THEY BELONG TO THE COUNCIL. WHOEVER'S CURRENTLY SEATED, THE ENTIRE EXECUTIVE SESSION BELONGS TO THE CITY COUNCIL. UM, WHO GOES IN THERE BELONGS TO THE CITY COUNCIL. WELL, I THINK WHAT JENNIFER MENTIONED EARLIER, CITY COUNCIL CAN LISTEN TO THE RECORDING. CITY COUNCIL CANNOT HAVE A COPY OF THE RECORDING. RIGHT. SO IF A SITTING CITY COUNCIL MEMBER WANTED TO LISTEN TO THE RECORDING, WE WOULD ESSENTIALLY SET THEM UP IN JENNIFER'S OFFICE WITH SOME HEADPHONES AND MAKE SURE THAT YOU'RE NOT RECORDING AND LET YOU LISTEN TO IT. OKAY. THIS WOULD ALL BE SOMETHING ALSO BE SOMETHING USEFUL, SUCH AS WHEN WE HAD THE ETHICS HEARING LAST YEAR WHERE THERE WAS A QUESTION OF WHAT WAS DISCUSSED REGARDING PROPERTIES IN EXECUTIVE. SO THEN ETHICS WOULD HAVE, WOULD THEY HAVE BEEN ABLE TO PULL THAT UNDER, UM, A SUBPOENA, THEIR SUBPOENA POWER IF IT EXISTED? I WOULD SUGGEST THAT THEY PROBABLY WOULD NOT. UM, BUT THE COUNCIL MEMBERS WHO TESTIFIED REGARDING THAT SITUATION WOULD'VE BEEN ABLE TO REFRESH THEIR OWN RECOLLECTIONS WITH THE RECORDING IF THEY WANTED TO. YEAH, I GUESS I'M JUST CONFUSED WHY THIS IS A BIG DEAL. GET AN UNDERSTANDING, MAYOR. THAT'S ALL. YEAH, I KNOW. BUT WE UNDERSTAND AND FIRST OF ALL, THIS IS BROUGHT TO US BY STAFF. SO THIS IS NOT, YOU KNOW, THIS IS SOMETHING THAT THEY'RE RECOMMENDING OR, WELL, I DIDN'T PUT IT ON HERE, , AND I'M NOT SAYING IT WAS JENNIFER, BUT SOMEBODY ALONG THE LINE SAID, HEY, WE NEED A PROCESS FOR, FOR OUR, UH, DOCUMENTARY, OUR EXECUTIVE SESSIONS. YOU'RE SAYING YOU DID NOT REQUEST FOR THIS TO BE AN AGENDA ITEM? UM, I DON'T REMEMBER. I DON'T THINK SO. I MEAN, IF I, IF I WAS GONNA DO IT, I WOULD'VE PUT IT UNDER MY NAME, BUT APOLOGIES IF [04:45:01] DID, MAYBE DID I DID, DID WE DIRECT IT IN THE PAST? I DON'T KNOW. BUT I MEAN, I I WOULD HAVE NO PROBLEM. I THINK THIS IS AN EXCELLENT IDEA. UH, I DON'T UNDERSTAND WHAT THE HICCUP IS OR WHAT THE HESITATION IS. I DON'T THINK THERE'S A HESITATION, MAYOR. IT'S JUST TRYING TO GET AN UNDERSTANDING. IF WE'RE GOING TO HAVE EXECUTIVE CLOSED SESSION COUNCIL MEETINGS, THEN WHAT'S THE POINT OF HAVING EXECUTIVE CLOSED COUNCIL MEETINGS WHEN YOU CAN JUST DISCUSS WHAT YOU NEED TO DISCUSS OUT ON THE DAIS. AND IF YOU WANT TO GO TO THE BACK TO JUST RECORD IT, TO RECORD IT, TO SAVE FOR, YOU KNOW, SAVE IT FOR A RAINY DAY OR SAVE IT FOR ANOTHER COUNCIL MEMBER THAT'S, OR A NEW MAYOR THAT COMES ON BOARD. OH, THAT'S WHAT WE DISCUSSED THEN. WHO WAS ALL YOU'LL, YOU'LL NEVER HAVE A TRACK OF WHO WAS ACTUALLY IN THE ROOM. UH, I'M, I'M, I'M JUST TRYING TO, WELL, I MEAN I KNOW THERE ARE EXECUTIVE SESSIONS THAT I OFF, I CAN'T REMEMBER THE OFF ON, WE TALKED ABOUT OFF AND I'M LIKE, UH, I'LL TALK TO COURTNEY AND BE LIKE, HEY, I DON'T REMEMBER THIS. DO YOU REMEMBER THIS? SHE'S LIKE, NO, I DON'T REMEMBER IT. SO IT'S NOT, I MEAN FOR ME, I DO BELIEVE IT WILL HELP FUTURE COUNCILS, BUT I ALSO THINK IT'LL HELP US TO JUST, THERE'S A LOT OF THINGS THAT WE SEEM TO FORGET THAT WE DISCUSSED IN EXECUTIVE SESSION. I REMEMBER WE WERE, WHEN WE WERE GOING THROUGH THE FORENSIC AUDIT AND COUNCIL MEMBER KENNEY WAS LIKE, I DON'T REMEMBER TALKING ABOUT THAT ALL. AND I'M LIKE, WE WERE LIKE, NOPE. THAT WAS DISCUSSED. THAT WOULD'VE BEEN A PERFECT OPPORTUNITY FOR US TO GO BACK AND TO REFRESH HIS MEMORY AND, AND THEN THAT WAY HE COULD UNDERSTAND THAT YEAH, THIS WAS SOMETHING THAT WE HAD TALKED ABOUT. YEAH. 'CAUSE MY MY UNDERSTANDING IS YOU'RE NOT SUPPOSED TO TAKE NOTES AND YOU'RE NOT SUPPOSED TO BRING YOUR CELL PHONES. BUT WE STILL DO AND WE'RE NOT SUPPOSED TO WRITE ANYTHING DOWN. BUT, YOU KNOW, THAT WAS, WAIT, NO, I THINK WE CAN DO ALL THAT. SO WE JUST CAN'T DISCLOSE THAT. I BELIEVE WHAT THE MAYOR PRO TE IS TALKING ABOUT IS THAT THERE, 'CAUSE WHEN I CAME ON BOARD, I WAS TOLD THAT THE RULES OF COUNSEL PROHIBITED CELL PHONES AND TAKING NOTES AT EXECUTIVE SESSION. THEY DO NOT. THEY HAVE NOT. AND IT'S MY KNOWLEDGE, THEY HAVE NOT EVER PROHIBITED THAT. BUT I DO THINK THAT WAS A RULE THAT WAS FOLLOWED UNDER THE PREVIOUS COUNCIL. YEAH, THAT'S, THAT'S MISINFORMATION. YOU CAN, UH, TAKE NOTES. YOU CAN, I MEAN, IN A EVENT THAT SOMEBODY DOESN'T OPEN RECORDS FOR YOUR NOTES IN EXECUTIVE, UM, THAT GOES TO THE CITY. I MEAN, WE'RE ALREADY DOING IT. I, I DUNNO, WHAT ARE WE DOING? WHAT IS IT THAT YOU NEED FROM US? UH, MS. KIRKLAND? WELL IF YOU WANTED TO GO WITH RECORDING OR WE COULD CONTINUE DOING CERTIFIED AGENDA, BUT RIGHT NOW WE DO THE BARE MINIMUM OF WHAT'S REQUIRED BY LAW. SO IF THERE WAS, WE TALKED A LITTLE BIT ABOUT LIKE IF WE WANTED TO, UM, YOU KNOW, I COULD MAKE SOME NOTES THAT SHE WOULD CERTIFY AS TRUE AND CORRECT AT THE END. UM, THAT WAY IT'S NOT JUST ME MISUNDERSTANDING WHAT'S BEEN DISCUSSED. UM, SHE WOULD STILL CERTIFY THAT AT THE END WE COULD PUT NOTES DOWN. THERE IS AN EXCLUSION ABOUT, UM, CITY ATTORNEY, UM, INFORMATION. THE, THE REQUIREMENT UNDER THE LAW IS THAT YOU HAVE TO MAINTAIN A CERTIFIED AGENDA OR A RECORDING UNLESS THE CONVERSATION IS SUBJECT TO ATTORNEY-CLIENT PRIVILEGE. CURRENTLY WE DO MAINTAIN THE CERTIFIED AGENDAS. I EVEN FOR ATTORNEY CLIENT PRIVILEGE CONVERSATIONS. BUT THAT'S SOMETHING WE WOULD WANT TO DISCUSS IN A POLICY. WHETHER WE WANT TO RECORD, SAY WE'RE DISCUSSING, YOU KNOW, A LAWSUIT AND WE'RE GETTING INTO THE NITTY GRITTY ON THINGS. DO WE WANT THAT RECORDED FOR THE RISK THAT SOMEBODY MIGHT REQUEST IN DISCOVER AND GET A COURT ORDER? OR DO WE NOT WANT THAT RECORDED? SO THOSE ARE CONVERSATIONS WE'D WANNA HAVE. IT'D BE DESIGNING A POLICY IF WE'RE GONNA GO THIS ROUTE. AND ONCE WE GET INSIDE, WE DO A ROLL CALL IN THERE TO WHERE WE KNOW EXACTLY WHO'S ALL IN THE ROOM AND THE TIME. I MEAN YOU LIST EXACTLY WHAT AGENDA ITEMS ARE GONNA BE DISCUSSED IN EXECUTIVES. SO THAT WAY IT'S ALL ON RECORD. YEAH. CURRENTLY OUR CERTIFIED AGENDA DOES LIST EVERYONE IN THE ROOM. UM, WE WOULD PROBABLY TO NOT HAVE MULTIPLE DOCUMENTS. WE WOULD PROBABLY START THE MEETING BY GOING AROUND AND SAYING WHO WAS IN THE ROOM. IF THAT'S, I MEAN, AND I'M OKAY WITH JUST DOING THE CERTIFIED AGENDA AS WELL, JUST A PAPER. THAT'S FINE. I'M IMPRESSED THAT WE EVEN DID THAT. BUT ARE YOU SAYING THAT WE'RE SUPPOSED TO BE DOCUMENTING THESE OTHER THAN ATTORNEY-CLIENT PRIVILEGE? NO, WE'RE DOING THE WHAT'S REQUIRED BY LAW, WHICH IS, WELL IT WAS, UM, THE START AND IN TIME AND THE ITEMS DISCUSSED. SO THE START AND IN DATE OF THE MEETING, UM, EACH DELIBERATION DISCUSSED AND ANY FURTHER ACTION TAKEN, WHICH IT WILL ALWAYS BE WHATEVER ACTION WAS TAKEN IN OPEN SESSION. MM-HMM . YEP. UM, ONE OF THE THINGS I WAS GONNA BRING UP THOUGH ABOUT SOME OF THESE THINGS THAT ARE DISCUSSED AND THEN APPROVED AS DISCUSSED IN EXECUTIVE SESSION, TYPICALLY THAT WILL COME BACK ON AN OPEN AGENDA AS A CONTRACT. IT'S LIKE Y'ALL WILL GIVE THE PARAMETERS OF WHAT SHOULD BE IN THERE AND THEN [04:50:01] YOU'LL SAY AS DISCUSSED IN EXECUTIVE AND THEN THE NEXT COUNCIL MEETING, WE HAVE THE CONTRACT ON THE AGENDA. YEAH. AT THAT TIME. I MEAN I THINK WE'RE DEFINITELY HEADED IN THE RIGHT DIRECTION AND I THINK THAT'S WHAT WE DO NOW. BUT I THINK WE ALL KNOW THAT THAT HAS NOT HOW IT'S ALWAYS BEEN. A LOT OF THINGS WERE PUT ON THE AGENDA, PUT ON EXECUTIVE APPROVED AND IT WAS NEVER DISCUSSED. IT WAS NEVER BROUGHT BACK. THAT'S HAPPENED. YEAH. ONE OF THOSE I THINK WAS, UH, THIS PREVIOUS CITY MANAGER'S ORIGINAL CONTRACT 'CAUSE IT WAS SUPPOSED TO BE AN EVERGREEN AND THEN THAT'S NOT WHAT IT CAME BACK AS. I MEAN THAT'S A PERFECT EXAMPLE OF SOMETHING THAT WE DISCUSSED THAT DIDN'T GET PLACED ON THAT CONTRACT ON THAT CASE, WE JUST NEED TO FOLLOW OUR PO POLICIES OF WHAT THAT WE DO THIS, WHICH IS WE ALREADY DO THIS. WELL THAT'S, SHE SAID APPARENTLY WE WEREN'T DOING THAT. WELL IT DOESN'T HAVE, IT DOESN'T HAVE THE DETAILS OF LIKE EVERYTHING WHO SAID WHAT AND WHO, YOU KNOW EXACTLY WHAT WAS DETERMINED. IT'S JUST LIKE HIGH LEVEL, THIS IS WHAT WAS DISCUSSED, THESE TOPICS AND THEN THIS IS WHAT THEY MOVED TO APPROVE. SO IT'S PROBABLY NOT GONNA BE IN THERE THAT WE TALKED ABOUT ING AND EVERGREEN THERE BECAUSE THERE'S A LOT OF LITTLE DISCUSSIONS THAT WE HAVE THAT YOU JUST CAN'T DOCUMENT. WELL AND BECAUSE WE'RE NOT TAKING VOTE SPECS. YEAH. RIGHT. SO THAT ISN'T REALLY MADE, YOU KNOW, THERE'S NO WAY TO SAY THIS IS WHAT THE COUNCIL DECIDED BECAUSE WE'RE NOT TAKING VOTES. WE'RE NOT DECIDING . OH, I WILL SAY I HAVE SAT IN THERE WHEN THEIR DECISIONS HAVE BEEN MADE AND WE'RE, WE'RE NO LONGER THERE. MAYOR. I'M NOT, I KNOW WE'RE NOT NO LONGER THERE. WE'RE LONGER THERE. BUT HERE'S THE DEAL. WHAT'S TO SAY? IT'S NOT GONNA GO BACK. OKAY. WELL IT'S HARD TO PREDICT THAT IN THE FUTURE. AND WE DO, WE TAKE CARE OF WHAT WE HAVE NOW. OKAY. THAT WAS THE PA YES. IT IT, THAT WAS A YEAR AGO. A YEAR AGO, FIVE YEARS AGO. I'VE BEEN DOING THIS, YOU KNOW, JUST AS LONG AS YOU HAVE SIX GOING ON SEVEN YEARS. I GET IT. UM, WELL MY THING IS, IS IF WE'RE GONNA RECORD AND WE WANT TO BE ABLE TO DISCUSS WHAT WE HAVE OUT THERE, WE CAN HAVE IT HERE ON THE DS. AND, AND IF YOU WANNA FEEL LIKE YOU'RE GONNA RECORD, UH, ONCE EVERY THREE YEARS A CONTRACT FOR A CITY MANAGER THAT WAS IN QUESTION. 'CAUSE THAT SEEMS TO BE THE THING THAT KEEPS COMING UP OVER AND OVER AGAIN AND FOR HTA DRIVE. UM, BUT IF HTA DRIVE WAS ACTUALLY DISCUSSED OUT IN THE OPEN, UM, THEN IF THAT'S THE ROUTE WE'RE GONNA GO, THEN LET, LET'S GO AND, AND GET THE, GET IT SET UP AND THEN COME UP WITH A POLICY ON HOW WE'RE GONNA DO IT. AND THEN THAT WAY WE JUST KEEP TRACK OF EVERYTHING THAT WE DISCUSSED BACK THERE AND WE NAME EVERYBODY THAT'S THERE AND WE HOLD ONTO IT FOR HOW LONG? 30 DAYS? UH, TWO YEARS. TWO YEARS. TWO YEARS OF, OF A VERY EXECUTIVE THAT WE HAVE. AND THEN THAT WAY IF YOU CAN SAY, WELL, WELL WHAT DID COURTNEY REALLY SAY THAT DAY? I DON'T KNOW. LET'S GO AHEAD AND REWIND IT THEN WE CAN, WE CAN GET THAT INFORMATION. IF, IF THAT'S WHERE WE'RE TRYING TO HEAD QUESTION COUNCIL MEMBER. SO THE CURRENT, THE CURRENT, UM, INFORMATION THAT WE KEEP, JENNIFER, YOU'RE NOT TYPICALLY BACK THERE WITH US. SO YOU'RE NOT THE ONE TAKING THESE NOTES LIKE YOU WOULD OUT HERE IN OPEN SESSION. SO IS THIS EVERYTHING THAT THE MAYOR WRITES DOWN THAT HAPPENED? SO WHO TAKES HIS NOTES? BUT I, WHAT I HAD BEEN DOING BEFORE I WAS BACK THERE IS I WOULD GIVE HER THE ROLL CALL LIST OF WHO WENT IN THERE. I'M DOCUMENTING WHAT TIME Y'ALL GO IN AND WHAT TIME YOU COME BACK BASED ON THE OPEN SESSION. AND TYPICALLY, UM, AMY WOULD PASS ALONG TO ME. WE DIDN'T DISCUSS THIS ITEM. AND SO I WOULD LEAVE THAT ONE OFF IF IT, YOU KNOW, SOMETIMES Y'ALL WOULD RUN OUT OF TIME OR WHATEVER, DECIDE LIKE MAYBE AN ITEM DECIDED NOT TO COME FORWARD THAT DAY. UM, THEN I WOULD JUST LEAVE THAT ONE OFF. AND SO IT'S REALLY JUST WHAT THE ITEM WAS AND NOTHING OF THE ACTUAL DISCUSSION. CORRECT. RIGHT. AND I THINK THAT'S WHERE A LOT OF THE ISSUE THAT I UNDERSTAND IS WHERE THAT LIES. BECAUSE WE TALKED ABOUT THAT BLACK HORSE DOWN THE ROAD, AN EXECUTIVE THE OTHER DAY. WELL WHAT ABOUT THE HORSE? DON'T REMEMBER THAT WAS THREE MONTHS AGO. UM, AND IF IT'S SOMETHING THAT DIDN'T THEN COME BACK TO AN OPEN SESSION MEETING, UM, WITHIN A RELATIVELY SOON TIME, I CAN GET THE CONFUSION WITH THAT BECAUSE THERE'S SO MUCH BETWEEN THE EMAILS, THE AGENDAS AND EVERYTHING THAT WE DEAL WITH THAT WE MIGHT NOT REMEMBER WHAT WE TALKED ABOUT THREE MONTHS AGO. IF IT'S NOT DOCUMENTED SOMEWHERE, IF IT'S NOT IN A PRESENTATION THAT YOU CAN RE-GIVE US. UM, SO I I, I CAN SEE WHERE THIS IS COMING FROM AND IT'S JUST A MATTER OF IF WE'RE GOING TO HAVE SOMETHING OTHER THAN [04:55:01] JUST WE TALKED ABOUT A BLACK HORSE, THEN WE NEED TO DECIDE HOW WE WANNA HAVE THAT STORED. ALL RIGHT. WELL IF WE'RE NOT INTERESTED IN DOING THIS, I'M OKAY MOVING ON TOO. AND I APOLOGIZE FOR USING YOUR TIME TO GATHER ALL THIS INFORMATION. UM, YEAH, IT'S UP TO YOU IF YOU WANNA MAKE A MOTION TO MOVE FORWARD ON IT, LET'S JUST TAKE A VOTE ON IT. CAN YOU GO BACK AS OUR IT GUY, MARCO, WHAT WOULD YOU SAY WOULD BE THE SAFEST, MOST SECURE, WHAT WOULD YOUR RECOMMENDATION BE? UM, ANY OF THE LOCAL OPTIONS. SO EITHER A, UH, IF YOU, IF YOU WANT TO GO MOVING THE ROUTE OF THE ACTUAL RECORDING ITSELF MM-HMM . UM, EITHER THE HANDHELD OR THE INTEGRATED SYSTEM, AND THAT ONE WAS, COULD, COULD WE SEE THE PRICES? UH, YES. MM-HMM . SO FOR THE DIGITAL RECORDER, UM, ROUGHLY AROUND $5,000 A YEAR, THAT'S MAXING IT OUT. AND THEN FOR THE INTEGRATED SYSTEM, LITTLE OVER 30,000. YEP. IT'S A YEAR. YEAH. ARE THE HANDHELDS NOT CHEAPER? I MEAN, IT SEEMS LIKE THE RECORDING QUALITY HAS GOTTEN MUCH BETTER, EVEN FOR THE, THE SMALLER ONES TO PUT IT ON THE MIDDLE OF A TABLE. YES. THE, THE HANDHELDS ARE CHEAPER. UM, THE QUALITY HAS GOTTEN A LITTLE BETTER, BUT IF YOU HAVE MULTIPLE PEOPLE IN THE ROOM, IT STRUGGLES A LITTLE BIT TO GET PEOPLE THAT ARE SITTING BEHIND YOU. MAYBE POSSIBLY. 'CAUSE THE RECORDER WILL PROBABLY BE MOST LIKELY BE ON THE CENTER OF THE TABLE. UM, IT'S A LITTLE HIGHER PRICE BECAUSE WE STILL GOTTA PAY FOR, UH, THE SD CARDS FOR AS MANY TIMES AS YOU AS YOU NEED. OKAY. I JUST WOULDN'T SUSPECT $5,000. SO, YEAH. UM, CAN WE GET SOME OPTIONS FOR OPTION NUMBER TWO? YEAH, I HAVE A COUPLE OF 'EM. UM, SO THEY GO FROM, YOU KNOW, $500 TO, UP TO $3,000, DEPENDING ON HOW THE QUALITY YOU'RE LOOKING FOR IN TERMS OF AUDIO GOES. UM, THE ADDITIONAL AMOUNTS WOULD BE LIKE THE SD CARDS IS REALLY WHAT WE'RE PAYING FOR. I THINK LIKE A, I THINK A 64 GIGABYTE SD CARDS ARE RUNNING LIKE 120 EACH NOWADAYS. OKAY. AND THEN WHAT SIZE, UH, SD CARD DO WE ESTIMATE IT NEEDING? BECAUSE I KNOW A LOT OF THESE WILL COMPRESS IT WHERE IT SHOULDN'T NEED THAT SIZE CARD. YEAH, ABSOLUTELY. UM, SO I THINK THE SMALLEST THAT YOU CAN GO IS A 32 GIGABYTE SD CARD. AND, UM, BECAUSE WE'RE RECORDING AUDIO, IT WOULDN'T BE A VIDEO SOLUTION, JUST BE AUDIO SOLUTION. IT'S VERY, VERY MINIMAL IN TERMS OF STORAGE. SO, YEAH. OKAY. ALRIGHT. AGAINST MAYOR HARRIS, I DON'T SEE WHY WE DON'T JUST CONTINUE CERTIFIED AGENDAS IF JENNIFER NEEDS TO BE IN THE ROOM. PART OF THE ISSUE WITH EXEC IS THAT WE ARE SUPPOSED TO HAVE CONFIDENTIAL CONVERSATIONS AND SOMETIMES THEY'RE VERY DIFFICULT CONVERSATIONS. WE ARE SUPPOSED TO COME BACK OUT TO THE DAIS IF WE MAKE DECISIONS. AND I DON'T SEE ANY REASON FOR RECORDING THAT EXECUTIVE SESSION. UM, I THINK IT WOULD BE COUNTERPRODUCTIVE, FRANKLY. UM, FOR OUR DISCUSSIONS, I DON'T THINK WE HAVE TO REMEMBER WHAT WE WERE TALKING ABOUT, ABOUT THE HORSE IF WE DIDN'T BRING IT TO THE DAAS. UM, AND THEN WE CAN, IF IT'S READY TO COME TO THE DIOCESE, WE DISCUSS IT OUT IN THE OPEN. UM, I JUST, I DON'T SEE ANY, ANY BENEFIT OF THIS AT ALL. RIGHT. WHERE I'D LIKE TO MAKE A MOTION TO APPROVE, UM, OPTION TWO, A HANDHELD DIGITAL AUDIO RECORDER, UM, OR DIC DICTAPHONE SECOND. OKAY. I GOT A MOTION BY MYSELF AND A SECOND BY COUNCIL MEMBER GZA ROLL CALL. VOTE PLEASE. GZA? YES. TOBIAS? YES. MCKINNEY? NO. MEDINA? YES. FLORIS. KALE? YES. HARRIS? NO. OKAY. MOTION. OH, SORRY. SHE'S INNOCENT. MM-HMM . MOTION PASSES FOUR TO TWO. OKAY. SO WHAT WE WOULD WANNA DO IS ALSO BRING BACK A POLICY OF, BECAUSE FOR EXAMPLE, THERE'S, THERE'S GOING TO BE TIMES WHERE CITY SECRETARY'S NOT GONNA BE IN THERE. AND SO THAT'S GOING TO TRANSFER THOSE DUTIES OF RECORDING TO THE CHAIR OF THE MEETING, MOST LIKELY THE MAYOR, UNLESS THE MAYOR'S ABSENT THE NOTE GO, YOU KNOW? UM, SO WE'LL WANNA HAVE A POLICY THAT WILL ALSO GO ALONG WITH THAT. [05:00:01] AND THEN I WAS JUST GONNA MENTION THAT THERE'S A COUPLE OF WAYS THAT WE COULD DO, LIKE THE ATTENDANCE AND THE TIME. YOU CAN EITHER RECORD IT, HAVE EVERYONE STATE THEIR NAME, UM, AT THE BEGINNING, OR WE CAN, UM, PUT A LABEL ON THE ENVELOPE THAT HOUSES THE SD CARD. AND SO WE'LL, WE'LL HAVE TO BRING BACK SOME OPTIONS AS FAR AS POLICY. OKAY. SOUNDS GOOD. ALL [21) Consider approval of a Resolution adopting the staff recommendation to continue with the current program design for the City's Cross Connection Control and Backflow Prevention Program, which requires annual testing of all identified irrigation backflow assemblies.] RIGHT. AGENDA ITEM 21, CONSIDER APPROVAL OF A RESOLUTION ADOPTING THE STAFF RECOMMENDATION TO CONTINUE WITH THE CURRENT PROGRAM DESIGNED FOR THE CITY'S CROSS CONNECTION, CONTROL AND BLACK FLOW, UH, BACKFLOW PREVENTION PROGRAM, WHICH REQUIRES ANNUAL TESTING OF ALL IDENTIFIED IRRIGATION. BACKFLOW. ALSO, IT'S, UH, MIDNIGHT. AND SO DO WE WANT TO TALK ABOUT WHETHER OR NOT WE'RE GONNA GO INTO, THERE'S TWO, UM, COUNCIL ITEMS 26 AND 28. I'M OKAY PUSHING MINE FORWARD FOR NEXT MEETING, BUT THE OTHER ONE LOOKS LIKE IT'S, UH, MIKE, MINE CAN ALMOST BE A CONSENT ITEM. LIKE IT'S JUST, UM, REPLACING, UH, MIKE TRIMBLE ON THE TECHNICAL ADVISORY COMMITTEE. OKAY. WE CAN KEEP THAT ON THERE. OKAY. OKAY. SORRY, WE'LL GO BACK TO AGENDA ITEM 21. I WAS WAITING ON HIM. OH, OKAY. YEAH, I'M SORRY, . I'M JUST WAITING. GOOD EVENING, MAYOR COUNCIL. MIKE MURPHY, DIRECTOR OF WATER UTILITIES. UH, I'VE GOT MY WATER TEAM HERE. SO WE'RE GONNA QUICKLY GO THROUGH, UM, OUR BACKFLOW PREVENTION PROGRAM AND WHY IS THIS ITEM BEING BROUGHT FORTH TO COUNCIL MEMBER FOR CONSIDERATION? UM, RELATIVELY, IT'S A RELATIVELY NEW IMPLEMENTATION OF THE PROGRAM WITH TESTING REQUIREMENTS TO HAVE FINANCIAL IMPLICATIONS TO CUSTOMERS. STAFF RECEIVES PERIODIC RESIDENTIAL INQUIRIES ABOUT TESTING REQUIREMENTS THROUGHOUT THE YEAR, CONCERNS RELATED TO THE IN EQUITABLE ENFORCEMENT OF BACKFLOW ASSEMBLY TESTING REQUIREMENTS. AND COUNSEL HAS REQUESTED A COMPREHENSIVE REVIEW OF THE CURRENT BACK BACKFLOW PROGRAM WITH STAFF RECOMMENDATIONS THAT BEST PROTECTS THE CITY'S WATER SYSTEM. SO TONIGHT, UH, ASSISTANT DIRECTOR BLAKE NRF IS GONNA GO THROUGH THIS. HE AND HIS WATER TEAM HAVE PUT TOGETHER THIS PRESENTATION, AND SO WE'LL TAKE QUESTIONS AT THE END AND YOU'LL HAVE OUR RECOMMENDATION ONCE HE FINISHES. SO I'M GONNA TURN IT OVER TO BLAKE. THERE WE GO. HAPPY NATIONAL NIGHT OUT COUNCIL MEMBERS. SO ASSISTANT DIRECTOR OF WATER UTILITIES, BLAKE NANDOR. UM, JUST WANT TO KIND OF PROVIDE A LITTLE BIT OF BACKGROUND ON WHAT A COST CON CONNECTION CONTROL AND BACKFLOW PREVENTION PROGRAM IS. UH, SO CROSS CONNECTION IS A, ANY TEMPORARY OR PERMANENT PHYSICAL LINK BETWEEN CLEAN DRINK AND WATER SUPPLY, SO POTABLE WATER AND ANY SOURCE, UH, CONTAINING POTENTIALLY DIRTY WATER CHEMICALS OR OTHER NON UH, POTABLE SUBSTANCES. BACKFLOW PREVENTION ASSEMBLY IS A MECHANICAL DEVICE INSTALLED ON WATERLINE TO STOP, UH, WATER FROM FLOWING BACK INTO THE PUBLIC DRINKING WATER SYSTEM AND A CUSTOMER SERVICE INSPECTION. CS I IS AN EXAMINATION OF A PRIVATE WATER DISTRIBUTION FACILITY, UH, TO CHECK FOR CROSS CONNECTIONS, POTENTIAL CONTAMINATION HAZARDS AND ILLEGAL LEAD MATERIAL. SO POTENTIAL CONTAMINATION HAZARDS IS A WORD THAT YOU'RE GONNA HEAR THROUGHOUT THIS PRESENTATION AS WE MOVE FORWARD. SO JUST TO PROVIDE A LITTLE BIT OF BACKGROUND ON, ON OUR PROGRAM, UH, THIS CAME TO FRUITION IN, IN 2022 DURING A ROUTINE, UH, INSPECTION BY TCEQ THAT DID, UH, IDENTIFIED A, A DEFICIENCY, UH, IN OUR LACK OF A FORMAL CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROGRAM. UM, WITH THOSE NOTES IN, IN APRIL OF 2023, THE CITY LAUNCHED ITS CROSS CONNECTION CONTROL AND BACKFLOW PREVENTION PROGRAM, UH, DURING THE MOST RECENT TCQ INSPECTION IN 2025, NO DEFICIENCIES RELATED TO THE PROGRAM, UH, WERE NOTED. SO THERE ARE FEDERAL AND STATE REGULATIONS THAT REQUIRE A PUBLIC WATER SYSTEM, UM, TO ESTABLISH AND MAINTAIN A CROSS CONNECTION, CONTROL AND BACKFLOW PREVENTION PROGRAM. WAIT, CAN YOU GO BACK? WHAT DOES THAT MEAN? IN 2022, THE TCEQ IDENTIFIED A DEFICIENCY. YES. SO THEY NOTED THAT, UH, THE CITY LACKED A FORMAL, A FORMAL PROGRAM. WE DIDN'T HAVE THE, THE NECESSARY STANDARDS IN PLACE, UH, MINIMUM REQUIREMENTS. AND SO, UH, WITH THAT, THE CITY LAUNCHED THIS PROGRAM TO [05:05:01] COME INTO COMPLIANCE. AND SINCE THEN WE'VE BEEN, UH, WORKING TOWARDS, UH, MEETING AND EXCEEDING THOSE TRYING TO ACHIEVE THE MORE OF AN OUTSTANDING, UH, PROGRAM AS, AS TCQ DEFINES IT. ALRIGHT, THANK YOU. SO WE'RE GONNA KIND OF GO OVER WHAT ARE STATE MINIMUM REQUIREMENTS VERSUS WHAT THE CITY CURRENT PROGRAM IS. SO, UH, WHAT THE STATE LAW REQUIRES ANNUAL TESTING IS REQUIRED FOR IRRIGATION SYSTEMS AND ALL OF THE CENTERS AROUND RESIDENTIAL IRRIGATION. THERE'S, THERE'S COMMERCIAL AND, AND, UH, INDUSTRIAL, UM, BACKFLOWS THAT ARE HIGH HAZARDS THAT ARE THAT, THAT ARE TESTED ANNUALLY. BUT WHAT WE'RE FOCUSING ON TODAY IS, IS RESIDENTIAL IRRIGATION SYSTEMS. SO ANNUAL TESTING IS REQUIRED FOR IRRIGATION SYSTEMS DESIGNED AS HEALTH HAZARDS. NON-HEALTH HAZARD SYSTEMS ARE ONLY REQUIRED TO BE TESTED WHEN INSTALLED, REPAIRED, REPLACED, OR RELOCATED HEALTH HAZARD IS DEFINED AS A CROSS CONNECTION, POTENTIAL CONTAMINATION HAZARD. THERE'S THAT WORD AGAIN OR PHRASE AGAIN OR OTHER SITUATION INVOLVING ANY SUBSTANCES THAT CAN CAUSE DEATH, ILLNESS SPREAD OF DISEASE, WHEREAS A HIGHER PROBABILITY CAUSING SUCH EFFECTS. SO WHAT THE CITY CURRENTLY REQUIRES IS THIS TAC UH, TAC CODE IS BASICALLY SAYING THAT, THAT THE CITY HAS THE ABILITY TO, UH, REQUIRE, GO ABOVE AND BEYOND STATE STANDARD STATE MINIMUM STANDARD REQUIREMENTS, UH, FOR AS IT RELATES TO IRRIGATION INSPECTIONS. IN ADDITION, THE CITY ADOPTED THE 2021 INTERNATIONAL PLUMBING CODE, UH, WHICH REFERENCES, UH, AND REQUIRES ANNUAL INSPECTION OF ALL BACKFLOW ASSEMBLIES USED WITH IRRIGATION SYSTEMS. UH, UNDER OUR CODE OF ORDINANCES 50 DASH 1 62, IT LISTS SIM UH, LANGUAGE SIMILAR TO STATE REQUIREMENTS. HOWEVER, TWO NOTCHES DOWN FROM THAT ONE AND 50 DASH 1 64 UH, STATES. IN THE EVENT OF A CONFLICT, MOST THE MOST RESTRICTIVE STANDARD APPLIES. SO IN THIS CASE, THAT WOULD BE THAT INTERNATIONAL PLUMBING CODE REQUIREMENT OF ANNUAL ANNUAL TESTING. SO JUST GIVE A LITTLE BIT OF BACKGROUND OF, OF HOW, WHY THE COW WATER UTILITIES KIND OF DEEMS IRRIGATION, UH, RESIDENTIAL IRRIGATION SYSTEMS TO, TO BE RISK TO OUR SYSTEM. UM, SPECIFICALLY UNDER, UNDER TAC CODE, THERE IS IRRIGATION SYSTEMS WITHOUT CHEMICAL ADDITIVES IS GENERALLY IN NON HEALTH HAZARD, BUT IT IS LEFT OPEN TO INTERPRETATION. WHERE GRITTER HAS HAZARDS, UH, MAY REQUIRE ADDITIONAL PROTECTION. SO, AND WE NOTE THAT IRRIGATION SYSTEMS CAN POTENTIALLY BACK SIPHON PESTICIDES, HERBICIDES, FERTILIZERS, ANIMAL WASTE, AND OTHER HARMFUL MATERIALS, UH, BACK INTO OUR SYSTEM. SO IF A FAILED RESIDENTIAL IRRIGATION OR IF A FAILED BACKFLOW, UM, ISN'T WORKING PROPERLY, YOU HAVE PET WASTE OR YOU YOU JUST PUT DOWN HER, UH, FERTILIZER ON YOUR LAWN, THAT GETS SUCKED BACK INTO OUR SYSTEM. THEN WE, WE HAVE, WE HAVE PROBLEMS, UH, FROM A PUBLIC STANDPOINT. SO WE, WE'VE EITHER THAT THOSE HARMFUL MATERIALS THAT, THAT MEET THE DEFINITION, THAT OTHER POTENTIAL CONTAMINATION HAZARDS TO JUSTIFY MAINTAINING STRONGER PROTECTIONS. UH, FOR REFERENCE, 80 BACKFLOW ASSEMBLIES FAILED INSPECTION OVER THE PAST YEAR. UH, THAT DOES NOT INCLUDE ONES THAT WERE, THAT FAILED WERE TESTED AND THEN IMMEDIATELY REPAIRED AND THEN SUBMITTED FOR, UM, FOR APPROVAL WITHIN OUR SYSTEM. SO 80 OUT OF ALMOST 1700 THAT WERE TESTED. SO THAT'S ABOUT 5%. UM, AND THEN ALSO TO REEMPHASIZE AGAIN, SO THE I THE 2021 IPC RECOGNIZES THAT THIS INRE INCREASED RISK AND MANDATES ANNUAL TESTING OF RESIDENTIAL BACKFLOW ASSEMBLIES. SO AS I MENTIONED EARLIER, THE, IN APRIL, 2023, HE HIRED A BACKFLOW COMPLIANCE COORDINATOR WHO HAPPENS TO BE HERE. UH, MR. MORRISON, UH, HE'S DOING AN OUTSTANDING JOB FORM, AND I DO WANT TO TAKE ONE SECOND, UM, TO PUBLICLY RECOGNIZE HIM. SO WE, WE DID ACTUALLY JUST RECENTLY, A COUPLE WEEKS AGO, HAVE A, A CITIZEN, UH, PROVIDE A, A COMPLIMENT, UH, PUBLIC COMMENT TO HIM, UH, STATING THAT HE WANTED TO COMMEND MR. MORRISON FOR HIS EXCEPTIONAL SERVICE. SHE STATED THAT MIKE WENT OUT OF HIS WAY TO VISIT HER HOME TO PROVIDE PRINTED GUIDE, UH, FOR BACKFLOW TESTING. SHE NOTED THAT HE WAS EXTREMELY PROFESSIONAL AND ADDRESSED ALL OF HER QUESTIONS THOROUGHLY. SHE EXPRESSED GREAT APPRECIATION FOR THE CITY, KYLE'S CONSIDERATE STAFF, AND WOULD LIKE TO ENSURE THAT MIKE RECEIVES FORMAL RECOGNITION FOR HIS EFFORTS. SO I JUST WANTED TO TAKE THAT OPPORTUNITY TO, TO FORMALLY RECOGNIZE HIM FOR THANK YOU FOR HIS GOOD WORK THAT HE DOES. UM, WITH THE HIRING OF MR. MORRISON, UH, WE, WE TOOK OFF AND EMBARKED ON A SYSTEM-WIDE HAZARD ASSESSMENT AND COMPLETED THAT. UH, FROM THERE, COMMERCIAL INDUSTRIAL CONNECTIONS WERE ADDRESSED FIRST DUE THEIR, THEIR HIGHER HAZARD LEVELS. UH, STAFF THOROUGHLY REVIEWED ALL AVAILABLE HISTORICAL [05:10:01] RECORDS KNOWN, UH, OF ALL KNOWN ASSEMBLIES, UH, INTO THE TRACKING SYSTEM. SO THESE WOULD BE PAPER RECORDS, ANYTHING IN THE PREVIOUS, UH, SYSTEM THAT THEY HAD, ANY RECORDS THAT WE CAN GET A HOLD OF IRRIGATION PERMITS, UH, BUILDING PERMITS, ANYTHING THAT WE COULD, WE COULD GET A HOLD OF AND ENTER INTO THE SYSTEM. SO THOSE WERE, UH, KNOWN DEVICES, UH, TO US THAT WE'RE ABLE TO THEN REQUIRE ANNUAL TESTING. SO KIND OF, KIND OF WHERE, WHERE SOME OF THE INEQUALITY COMES IN IS WE HAVE, WE HAVE SOME AREAS OF THE CITIES WHERE WE HAVEN'T, WE HAVE, WE HAVEN'T. NO, WE DON'T. SO WE DON'T HAVE INADEQUATE, WE HAVE AN INADEQUATE RECORDS, INCOMPLETE RECORDS OF, OF ALL THE, ALL THE, UH, BACKFLOW DEVICES WITHIN OUR SYSTEM. AND SO AS WE'RE GOING THROUGH, WHICH IS THE NEXT STEP THERE, RESIDENTIAL INSPECTIONS BEGAN IN 2025, AND WE HIRED AN ADDITIONAL BACKFLOW TECHNICIAN TO HELP OUT WITH, WITH THAT, UH, ASSESSMENT. AND SO WE'RE GOING THROUGH FIELD EVALUATIONS OF ALL, ALL OF OUR RE RESIDENTIAL SUBDIVISIONS. SO WE'VE COMPLETED CROSSWINDS, ANTHEM SIX CREEK, CYPRESS FOREST. WE'RE CURRENTLY WORKING IN BROOKS RANCH IN PALM CREEK. THOSE ARE IN PROGRESS RIGHT NOW, AND WE CONTINUE TO WORK THROUGHOUT THE CITY, UM, WITH THE SAP THAT WE HAVE AVAILABLE. SO 5,500 ASSEMBLIES HAVE BEEN IDENTIFIED TO DATE. WE ESTIMATE WE HAVE ABOUT 10,000 MORE RESIDENTIAL CONNECTIONS THAT STILL REQUIRE A CSI. AND WE, OUT OF THE, OUT OF THAT 10,000, WE, WE ANTICIPATE THERE'S PROBABLY THREE TO 5,000 BACKFLOW ASSEMBLIES THAT MAY REMAIN UNIDENTIFIED OR NOT INVENTORIED. UH, WE ALSO ESTIMATE TOO THAT IT'LL TAKE US APPROXIMATELY 18 TO 24 MORE, MORE MONTHS BEFORE WE'RE ABLE TO GET THROUGH, UM, ALL THE REST OF THE, UH, RESIDENTIAL AREAS. SO KIND OF GOING THROUGH KIND OF ROLES AND RESPONSIBILITIES. SO CUSTOMERS ARE RESPONSIBLE FOR INSTALLING, MAINTAINING, AND, AND ANNUALLY TESTING, UH, BACKFILL ASSEMBLIES. USING A THIRD PARTY, UH, A REGISTERED THIRD PARTY TESTER, THEY HAVE TO REGISTER THROUGH THE CITY. TESTERS MUST MAINTAIN REQUIRED TCQ LICENSES, INSURANCE GAUGE TESTING AND REGISTER, AND ARE RESPONSIBLE FOR ACTUALLY CONDUCTING THE TEST, SUBMITTING THE RESULTS TO THE CITY, AND REPORTING ANY DEFICIENCIES TO THE CITY. SO THE CUSTOMER IS RESPONSIBLE FOR CONTACTING THE REGISTERED TESTER. UH, WE PROVIDE A QR CODE AND A LINK ON NOTICES FOR REMINDERS FOR WHEN, WHEN THE TESTING IS DUE, AND THEN PAYING THE ACTUAL TESTING FEE TO THE TESTER. UH, THESE TESTING FEES CAN RANGE FROM ANYWHERE FROM 70 TO $125. UH, AND THIS IS NOT SOMETHING THAT THE CITY OF, THAT THE CITY STAFF DETERMINES. THIS IS, UH, SOMETHING THAT THE RESIDENTS HAVE TO GO OUT AND PROCURE ON THEIR OWN. UH, CITY OF KYLE HAS A SHARED REVENUE AGREEMENT WITH THE VPO LLC. SO THE TESTERS ARE CHARGED $40 WHEN SUBMITTING TEST RESULTS INTO WHICH VPO RECEIVES $11 AND 50 CENTS FOR THE USE OVER THE REPORTING SYSTEM AND, AND SENDING OUT THOSE NOTICES. AND THE CITY RECEIVES $28 AND 50 CENTS OUT OF THAT AMOUNT THAT THIS $40 FEE IS LISTED IN THE CITY'S ADOPTED FEE SCHEDULE. UH, REVENUE FROM THIS PROGRAM IS ESTIMATE ABOUT 105,000 AND FY 25, 26, AND WE WERE PROJECTING, UH, SOMEWHERE BETWEEN 140 AND $150,000 IN REVENUE FOR THIS FISCAL YEAR AS WE BRING ON THOSE ADDITIONAL RESIDENTIAL, UM, ASSEMBLIES. I'M NOT GONNA READ ALL OF THIS, UH, BUT THIS IS JUST A CRITERIA FOR OUTSTANDING CROSS CONNECTION CONTROL PROGRAM THAT, THAT TCQ LISTS FOR GUIDELINES, UH, WHERE WE'RE TRYING TO ACHIEVE. AND I, I WILL NOTE THAT, UH, PREVIOUS, UH, CITY THAT MR. MORRISON WORKED FOR HAS RECEIVED THIS AWARD TWICE IN A ROW. UM, SO REVIEW OF OUR PEER CITIES CROSS CONNECTION, UH, CONTROL, UH, PROGRAM. SO, UH, WE REACHED OUT, GEORGETOWN DOES HAVE AN ANNUAL TESTING REQUIRED BY CODE, BUT IS NOT CURRENTLY, UH, BEING IMPLEMENTED. UM, I DON'T HAVE TOO MUCH MORE INFORMATION ON THAT IF IT'S A STAFFING LEVEL, BUT THE, THAT'S THE INFORMATION THAT WE GOT BACK. I DO HAVE ONE UPDATE ON PFLUGERVILLE, UH, THAT'S IS ACTUALLY INCORRECT. UH, THEY DO NOT REQUIRE ANNUAL TESTING OF THE IRRIGATION SYSTEM. SO THE DOUBLE CHECKS ARE, UH, ARE ONLY ONLY TESTED ON STATE MINIMUM REQUIREMENTS WHEN INSTALLED, REPAIRED, OR RELOCATED. THE BRAUNFELS DOES REQUIRE ANNUAL TESTING. ST. MARCUS REQUIRES TESTING EVERY THREE YEARS, LANDER EVERY FIVE YEARS. UH, ALL OF OUR PEER CITIES DO REQUIRE ANNUAL TESTING FOR, FOR ANY RESIDENTIAL AREAS THAT HAVE SWIMMING POOLS. SO WHY IS THIS IMPORTANT? UH, BLOWER, THIS IS A FEW EXAMPLES OF WHAT CAN HAPPEN FOR A BACKFLOW CONTAMINATION EVENT. I WILL POINT POINT OUT THE, THE LAREDO ONE, THE RECENT ONE FROM LAREDO, WAS DUE TO A FAILED RESIDENTIAL BACKFLOW ASSEMBLY. UH, I CALLED THE TRIGGER TO BOIL WATER NOTICE FOR, FOR THE CITY OF LAREDO FOR, FOR [05:15:01] A MULTI-DAY PERIOD. UH, SOME OF THESE OTHER ONES ARE, ARE A LOT MORE SERIOUS. SO YOU'LL SEE THE DO NOT USE, WHICH IS, UM, DIFFERENT THAN A BOIL WATER NOTICE. A DO NOT USE IS YOU CANNOT USE THE WATER AT ALL. SO NOT EVEN BOILING IT. UM, SERIOUS ECONOMIC IMPACTS TO, TO THOSE TYPE OF EVENTS. UM, YOU KNOW, SAN ANGELO, THERE'S ALMOST 11 DAYS ON SOME OF THEIR NEIGHBORHOODS WHERE THEY HAD A DO NOT USE ORDER. UH, CORPUS CHRISTI'S HAD MULTIPLE EVENTS WITH, WITH BACKFLOW. SO THIS IS WHY THE STATE IS, HAS TAKEN A MORE PROACTIVE APPROACH TO THIS OVER THE LAST FEW YEARS AND, AND WHY THE CITY IS, HAS ALSO BEEN MORE SERIOUS WITH, WITH ITS REQUIREMENTS. SO BEFORE YOU, WE HAVE A COUPLE OPTIONS. UH, OPTION ONE IS APPROVAL OF THE RESOLUTION ADOPTING THE CURRENT PROGRAM DESIGN FOLLOWING THE, THE IPC REQUIREMENTS FOR ANNUAL TESTING. UH, OPTION TWO IS REQUEST CHANGES OR MODIFICATION TO ALL RELEVANT CODE, UH, RELATED TO ANNUAL IRRIGATION TEST OR ANNUAL TESTING OF RESIDENTIAL IRRIGATION BACKFLOW ASSEMBLIES. AND IF THAT'S IS THE, THE PREFERRED OPTION. UM, KIND OF DEFINING WHAT YOU WOULD LIKE TO SEE THERE, WHETHER IT'S THE STATE MINIMUM, A THREE YEAR OR FIVE YEAR REQUIREMENT. UH, LIST SOME, SOME CONSIDERATIONS THERE FOR YOU, UH, AS YOU'RE DELIBERATING THIS ITEM AND STAFF'S RECOMMENDATION IS OPTION NUMBER ONE. ALL RIGHT. ANY QUESTIONS? NO, I THINK WE'RE ALL DEAD. . UH, I, I REMEMBER ASKING ABOUT THIS, I THINK IT WAS EARLIER THIS YEAR. UM, I, I COULD HAVE SWORN I WAS TOLD THAT, THAT THE ANNUAL INSPECTION WAS REQUIREMENT. IT IS, AND IT, IT, IT IS, AND IT'S REQUIRED BY THE INTERNATIONAL PLUMBING CONE THAT WE HAVE ADOPTED. I, WELL, I GUESS I'M CONFUSED BY THE THREE AND FIVE YEAR OPTIONS FOR OPTION TWO. SO, SO IF YOU ARE REQUESTING A, A MORE LENIENT, UM, TESTING REQUIREMENT, THEN THAT WOULD REQUIRE US TO GO BACK AND AMEND, UH, OUR, OUR ORDINANCES OR OUR CODE, OUR INTERNATIONAL PLUMBING CODE. WE'D HAVE TO MAKE AN AMENDMENT TO THAT TO REMOVE THAT REQUIREMENT OR ADJUST THE YEARS REQUIRED FOR THAT. WELL, I, I DO SEE NOW THE CORRELATION BETWEEN PEOPLE BEING UPSET AND OUR NEED TO, UM, UPDATE OUR POLICY AND TO START THIS PROCESS, BECAUSE I KNOW I DON'T EVEN REMEMBER HAVING THIS AS AN OPTION IN MY FIRST TERM. AND THEN I HEARD OVER THE SUMMER, LIKE PEOPLE WERE COMPLAINING ABOUT THIS BLACK BACKFLOW TEST, LIKE IT WAS ON FACEBOOK. PEOPLE WERE LIKE, DOES ANYBODY KNOW ABOUT THIS? WHAT'S GOING ON? AND SO I GUESS IF WE'RE TRYING TO, THE GOAL IS TO PULL OURSELF INTO COMPLIANCE OR LIKE, WHY DID THIS START? IT STARTED BECAUSE WE HAD A DEFICIENCY. WE DIDN'T HAVE A PROGRAM AT ALL. AND THEN AS WE'VE, WE'VE GONE THROUGH, WE'VE, WE'VE ADOPTED, UH, YOU KNOW, KIND OF BEST PRACTICES OF, OF, OF THE GUIDELINES BY THE, YOU KNOW, EITHER THE INTERNATIONAL PLUMBING CODE AND ALSO WITH THE, YOU KNOW, TQS OUTSTANDING PROGRAM, WHICH IS AN ANNUAL TESTING REQUIREMENT. UM, SINCE, YOU KNOW, STATE LAW, STATE MINIMUM IS, DOESN'T NECESSARILY SPECIFY, UH, ESPECIALLY WHEN IT COMES TO RESIDENTIAL IRRIGATION. THERE'S SOME OPEN TO INTERPRETATION AND, UM, ON NON HAZAR VERSUS HAZARD, OBVIOUSLY A LOT OF PEOPLE, A LOT OF CITIES IDENTIFY THAT AS, AS A HAZARD, UH, WHICH IS WHAT THE CITY OF KYLE IS, IS CURRENTLY HAS IN PLACE. SO, UM, WE KIND OF WANT TO ERR ON THE SIDE OF CAUTION AND, AND, UM, AND ENSURE THAT WE'RE, WE'RE, WE'RE KEEPING THE HEALTH AND THE SAFETY OF OUR, OF OUR CUSTOMERS AT THE FOREFRONT. OKAY. SO OF THE FAILED BLACK PRO BACKFLOW PREVENTION VALVES, DO YOU KNOW APPROXIMATELY WHAT AGE THEY WERE, MR. WORSE? DO YOU? GOOD AFTERNOON, COUNCILMAN MAYOR. UM, THE AGE OF THE, UM, FAILED ASSEMBLIES, UM, THEY RANGED FROM A COUPLE OF YEARS OLD, TWO YEARS OLD TO 10 YEARS OLD THAT'S IN THE SYSTEM. SO OUT OF THAT 80, OKAY. 'CAUSE I KNOW TYPICALLY THEY DON'T START FAILING UNTIL FIVE TO 10 YEARS. SO THAT'S, THAT'S REALLY QUICK TO HEAR THAT YOU HAD SOME THAT WERE ONLY TWO YEARS OLD THAT FAILED. UM, YOU KNOW, WE'VE SEEN SOME THAT GO UP TO 25 YEARS BEFORE THEY FAIL. SO I'M NOT SURE IF MAYBE THAT'S A BUILDER CHOICE OF WHAT THEY'RE PUTTING IN. UM, BUT I KNOW AS A HOMEOWNER, IF I'VE GOT ONE OF THOSE HIGHER END ONES, UM, THAT MIGHT LAST 25 YEARS, THAT'S A BIG BURDEN TO PUT ON THEM TO HAVE IT CHECKED EVERY SINGLE YEAR, IN MY OPINION. UM, SO IT JUST KIND OF SEEMS LIKE MAYBE WE COULD DO SOMETHING TO MEET IN [05:20:01] THE MIDDLE. UM, SO LIKE IF WE DID EVERY TWO YEARS, WOULD THAT CATCH THE VAST MAJORITY OF THEM FAILING BEFORE WE HAD AN EVENT? SUCH AS LIKE WHAT HAPPENED IN LAREDO? NO, UM, I DON'T KNOW WHERE YOU GOT THE, THE DATA FROM, BUT BACKFLOW ASSEMBLIES CAN FAIL IMMEDIATELY EVEN AFTER THEY'RE, THEY'RE NEWLY INSTALLED BECAUSE, UM, IF YOU CUT THE PIPE PLASTICS, ANYTHING COULD GET IN THE SYSTEM AND COST THAT ASSEMBLY TO FAIL. SO SAYING 25 YEARS, 10 YEARS, THEY COULD FAIL SOONER THAN THAT. SO I UNDERSTAND THAT'S A POSSIBILITY, BUT WE'RE LOOKING AT AVERAGES, SO KIND OF I'M THINKING, YOU KNOW, OF OUR RESIDENTS AND TRYING TO KEEP THINGS MORE AFFORDABLE FOR THEM, BUT WHILE ALSO WE'RE PROTECTING OUR SYSTEM. SO I'M JUST KIND OF TRYING TO REASON THROUGH THIS. OH YEAH, FOR SURE. UM, 'CAUSE I KNOW MY HUSBAND, UH, WORKED WITH A LOT OF THE PLUMBING EQUIPMENT AND STUFF LIKE THAT, SO WE'RE LOOKING AT WHAT MANUFACTURER'S AVERAGES ARE. SO THAT WAS THE REASON FOR MY REQUEST. OKAY, THANK YOU. I WAS GONNA SAY TOO, AS, AS I THINK AS WE GO THROUGH THIS AND, AND WE GET EVERYTHING ONCE, FIRST AND FOREMOST, WE GOTTA GET CAUGHT UP AND GET EVERYONE IN THE SYSTEM. UM, I DON'T THINK IT'S, IT'S AN OPPORTUNITY FOR US ONCE WE'RE GETTING THAT ANNUAL TESTING, IF WE'RE SEEING THAT FAILURE RATE, IF WE'RE NOT SEEING IT OR IF IT'S A, WE CAN COME BACK AND PROVIDE, PROVIDE MORE INFORMATION ONCE WE HAVE THAT DATA TO WHERE AT THAT POINT WE CAN, WE CAN MAKE ADJUSTMENTS. IF THAT'S, IF THAT'S SOMETHING THAT THAT COUNCIL WANTS TO, WANTS TO DO AT THAT POINT, UH, US AS A UTILITY, WE WOULD PREFER TO AIR KIND OF MORE ON THE SIDE OF THE CAUTION, ESPECIALLY AS WE'RE STILL IMPLEMENTING THIS IF AT ALL POSSIBLE. YEAH. BACKFLOW IS NO JOKE. IMAGINE IN MY FIELD, UM, GOING TO YOUR, YOU KNOW, LOCAL DENTAL OFFICE AND SITTING DOWN TO HAVE YOUR TEETH CLEANED AND YOUR DENTAL OFFICE HASN'T HAD THEIR BACKFLOW INSPECTED FOR A COUPLE YEARS AND THEY'RE STILL ON CITY WATER AND NOT BOTTLED WATER SYSTEM AND YOU'RE SUCKING ON THAT NICE LITTLE SUCTION TO GET ALL THAT STUFF OUTTA YOUR MOUTH AND HERE COMES THAT LAST PATIENT'S BLOODY CRAP COMING BACK UP THE SUCTION BECAUSE HER BACK FLOW FAILED INTO YOUR MOUTH. SO IT'S NO JOKE, IT'S SOMETHING THAT, UM, WE REALLY DO NEED TO GET CAUGHT UP ON. I KNOW IT'S A COMPLETELY DIFFERENT SCENARIO, BUT HEY, PET WASTE IS THE SAME THING AND PESTICIDES TOO. SO, UM, YOU KNOW, I WOULD BE ON BOARD WITH KEEPING IT WITH YEARLY, GET THOSE REGULATIONS IN PLACE AND MAKE SURE WE'RE PROTECTING OUR WATER SYSTEM AND OUR RESIDENCE AS HEALTH. OKAY. MOTIONS. MOTION APPROVE OPTION ONE SECOND. ALL RIGHT, WE HAVE A MOTION BY COUNCIL MEMBER MCKINNEY AND A SECOND BY COUNCIL MEMBER MEDINA. ALL IN FAVOR SAY AYE. AYE. AYE. AYE. OPPOSED? NAY. OKAY. MOTION PASSES. FIVE TO ONE. ALL RIGHT, I'M GONNA, MAYOR, I'M GONNA, I'VE GOTTA BE ON DUTY YEAH. AT FOUR O'CLOCK. OKAY. SO CAN WE, I, I, IF POSSIBLE YEAH, YOU CAN GO, UM, SORRY. NO, YOU DON'T NEED MY PERMISSION. . UM, DO WE, DO WE NEED ITEM 23? CAN THAT BE HELD OFF? UM, ONCE THAT PAYMENT DO IT'S OH, OASIS RIVER AUTHORITY SAID IT DOESN'T SAY THAT. MAYBE IT'S NOT EVEN, WELL, MAYBE IT'S NOT. 'CAUSE I KNOW IT'S RIGHT HERE. 23. YEAH, IT'S ON, IT TALKS ABOUT TERMINATING THE CONTRACT. YEAH. CAN THAT BE HELD OFF OR THAT PAYMENT'S DUE THIS MONTH? IS IT NOT? YEAH, SO I REALLY THINK WE PROBABLY, IF WE, IF HOLD OFF, WE HAVE TO DO IT ON THE 20TH. OKAY. YEAH, WE CAN PUT THAT, CAN WE HOLD OFF? 22 WILL NOT TAKE [22) Consider approval of a Resolution authorizing the dates, times, routes, and related details for the City of Kyle Founders Day Parade and Veterans Day Parade.] VERY LONG. JESSE'S READY. I HAVE A, I HAVE A 32ND VERSION, MAYOR. OKAY. PLEASE, PLEASE, PLEASE. IT IS THIS WEEKEND. YEAH. TIMER STARTED. GO AHEAD. PRESENTATION WRONG. PRESENTATION 22. UH, , YOU'RE RUNNING OUTTA YOUR 30 SECONDS BUDDY. PRESENTATION 10. GOOD MORNING, MAYOR AND COUNCIL. UH, VERY QUICK VERSION OF THIS. WE HAVE RESOLUTION FOR THE DETAILS OF FOUNDER'S DAY 2026 AND VETERAN'S DAY 2026. WE REALLY BROUGHT THIS FOR TWO REASONS. ONE, WE WANTED TO MAKE SURE EVERYONE KNEW THAT FOUNDER, THAT THESE PARADES WERE GOING TO BE ON THE ORIGINAL ROUTE ON CENTER STREET. VERY QUICKLY WE HAD A, A PLANNING EVENT COMMITTEE THAT WAS LOOKING AT CENTER STREET BEING COMPLETELY TORN UP MONTHS AGO. UH, IN DOING THAT, THEY HAD MOVED IT, IT IS NOW BACK ON CENTER STREET BASED ON THE TIMELINE OF THAT STREET. [05:25:01] SO WE JUST WANTED TO MAKE SURE THE PUBLIC, UH, WE MAY HAVE NOT HAVE THREADED THE NEEDLE ON THIS, DOING IT AT ONE IN THE MORNING, BUT WE WANNA MAKE SURE THE PUBLIC KNEW THAT THEY ARE BACK ON CENTER STREET SO THAT NOBODY GOES TO THE WRONG LOCATION. THE SECOND REASON WE'RE HERE VERY QUICKLY IS THE RESOLUTION ITSELF. AS WE STARTED TALKING ABOUT IT, WE REALIZED WE'VE NEVER BROUGHT THESE, THESE PARADES AND THESE ITEMS TO COUNCIL TO LOOK AT THE TIME LOCATION, UH, AND WHERE THEY'RE GOING THROUGHOUT THE STREET. SO I WON'T GO THROUGH THIS, WE'LL JUST DO THE VERY TOP PART. THE FOUNDERS DAY PARADE. THIS IS WHAT WOULD BE IN THE RESOLUTION. WE DO THIS THE SECOND SATURDAY OF EVERY OCTOBER. IF COUNCIL'S GOOD WITH THAT DATE, IT, THIS, THIS SATURDAY, IT WOULD BE, IT WOULD BE THIS SATURDAY, OCTOBER 10TH, 11:00 AM TO 12:00 PM AND THE ROUTE IS THE ROUTE THAT WE HAVE. I KNOW ALL OF YOU HAVE BEEN TO MULTIPLE OF THESE PARADES. IT'S THE ROUTE THAT WE TYPICALLY DO STAGED AT GREG CLARK DOWN TO THE EAST OF CENTER STREET, TURN RIGHT ON FRONT STREET AND END ON MOORE STREET, RIGHT BEHIND THE FIRE STATION. SO, UH, THOSE DETAILS ARE REALLY WHAT'S IN THE RESOLUTION. WE WANTED TO MAKE SURE IF COUNCIL WANTED TO TWEAK IT OR CHANGE IT AT ALL. WE GAVE YOU GUYS THE OPPORTUNITY FOR VETERANS DAY PARADE. IT IS THE SECOND SATURDAY OF NOVEMBER, NOT OCTOBER. WE'RE NOT HOLDING BOTH PARADES AT THE SAME DAY. SECOND SATURDAY IN NOVEMBER, IT WOULD BE THIS UPCOMING NOVEMBER 14TH. IT'S 1145 TO 1245 AND THE SAME ROUTE. UH, WE DO HAVE OUR MAYOR PRO TIM, I'M SAD HE LEFT. HE'S GOING TO BE OUR MC FOR THE, UH, FOUNDER SAY PRAYED. HE HAS HAS FOR, UH, SEVERAL PARADES DONE THAT FOR US. HE'S GONNA, AND WE HAVE A NEW SOUND SYSTEM WHICH WILL HELP TREMENDOUSLY, UH, RIGHT WHERE HE'S CALLING. SO IF COUNCIL IS GOOD WITH THAT, UH, THOSE DATES AND THOSE TIMES, WE'RE GONNA PUT IT IN A RESOLUTION AND IT CAN BE APPROVED. I'D LIKE TO MAKE A MOTION APPROVE ITEM 22 SECOND. I GOT A MOTION BY COUNCIL MEMBER MCKINNEY IN A SECOND BY MYSELF. ALL IN FAVOR SAY AYE. AYE. OPPOSED? MOTION BY FIVE ZERO. THANK YOU. WE'LL SEE ALL SATURDAY AT THE POINT, RIGHT? UH, OKAY, THEN WE'RE GONNA DO, MAKING A MOTION TO TABLE. [23) Consider and possible action to approve a Resolution to authorize the Interim City Manager to negotiate and execute an extension of the 2nd Option Fee payment deadline to April 30, 2027 and reassess participation at that time to include the following future Council considerations and action: Discontinuing the City’s participation in the project and: Declining to make the 2nd Option Fee payment of $273,763.00. Terminating the City's Option Contract with the Nueces River Authority. Authorizing the City Attorney to provide notice of termination and pursue  repayment of the Option Fee paid in October 2025. ] I'M GONNA TABLE NUMBER 23. I'D LIKE TO DO NUMBER 25 SO WE CAN GET THAT OVER WITH. AND THEN 28 IF WE HAVE TIME. ARE YOU GUYS OKAY WITH THAT? YEAH. OKAY. SO WE'RE GOING TO TABLE AGENDA ITEM NUMBER 23, BRING IT BACK AT THE NEXT COUNCIL MEETING. UM, AGENDA [25) Consider approval of a Resolution authorizing a settlement agreement with Christina W. Phillips, as Trustee of the Christina W. Phillips and Andrew W. Phillips Irrevocable Trust, for settlement of Cause No. 25-1290C, City of Kyle, Texas vs. Christina W. Phillips, as Trustee of the Christina W. Phillips and Andrew W. Phillips Irrevocable Trust, et al., in County Court at Law No. 1, Hays County, Texas.] ITEM 25, CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING A SETTLEMENT AGREEMENT WITH CHRISTINA W. PHILLIPS AS TRUSTEE OF THE CHRISTINA W. PHILLIPS AND ANDREW W. PHILLIPS IRREVOCABLE TRUST FOR SETTLEMENT OF CAUSE. NUMBER 1225 DASH 12 NINE C. CITY OF KYLE V CHRISTINA W. PHILLIPS AS TRUSTEE OF THE CHRISTINA W. PHILLIPS AND ANDREW W. PHILLIPS IRREVOCABLE TRUST AT ALL IN COUNTY COURT LAW AT ONE HAYES COUNTY, TEXAS. ITEM PRESENTER, AMY ALCO REED. GOOD MORNING, MAYOR AND COUNCIL. AMY ALCORN, REED CITY ATTORNEY FOR THE RECORD, UM, THIS ITEM IS TO APPROVE A SETTLEMENT AGREEMENT ON AN EMINENT DOMAIN PROCEEDING THAT THE CITY HAD PREVIOUSLY GONE TO SPECIAL COMMISSIONER'S HEARING ON. I'M GONNA TRY TO GO THROUGH THIS AS QUICK AS WE CAN. UM, THE, THIS IS, UH, THE PHILLIPS PROPERTY. THE SPECIAL COMMISSIONERS AWARDED $125,000 FOR FEE SIMPLE AND EASEMENT INTEREST FOR THE WIND HILL ROAD. THE OWNER DID OBJECT TO THAT AWARD, WHICH IS ESSENTIALLY AN APPEAL AND IT WILL SET THE CASE FOR FULL TRIAL IF IT'S NOT RESOLVED. AND THAT'S, THAT COULD BE A JURY TRIAL TOO. SO IT'S A TIMELY PROCESS. UH, THIS ITEM WOULD PRESENT A PROPOSED SETTLEMENT AGREEMENT WITH THE PROPERTY OWNER THAT WOULD FULLY AND FINALLY RESOLVE THE CASE. THE SETTLEMENT REQUIRES THAT THE PROCEEDING BE DISMISSED AND ALL MONEY RETURNED TO THE CITY. IN LIEU OF MONETARY COMPENSATION, THE CITY IS AGREEING TO PROVIDE CERTAIN ACCESS AND EASEMENT PROTECTIONS, INCLUDING A HOODED LEFT TURN OF THE PROPERTY, WHICH WILL REMAIN IN PLACE FOR 10 YEARS. AS PART OF THE AGREEMENT, THE OPTIONS ARE TO APPROVE THE RESOLUTION AS PRESENTED, OR TO DENY THE RESOLUTION AND CHOOSE NOT TO APPROVE THE SETTLEMENT AGREEMENT. STAFF RECOMMENDS OPTION ONE. I'D LIKE TO MAKE A MOTION TO APPROVE AGENDA ITEM 25. SECOND. SECOND. CAN I HAVE A MOTION BY MYSELF? I DON'T KNOW WHO THE SECOND WAS. ONE OF US. EITHER ONE OF US. OKAY. COUNCIL MEMBER ZA. I DO WANNA SAY WE'RE NOT RUSHING THROUGH THIS. WE HAVE TALKED ABOUT THIS IN EXECUTIVE, WE UNDERSTAND WHERE IT STANDS. UM, YOU KNOW, I THINK WE ALL AGREE THAT FOR REASONS, UM, AS FAR AS YOU KNOW, ECONOMIC AND SAFETY ISSUES THAT WE'VE DECIDED TO GO THIS ROUTE. AND FOR PURPOSES OF FULL TRANSPARENCY, THE AGREEMENT WAS ATTACHED TO THIS AGENDA. SO ANYONE CAN GO LOOK AT IT. . ALRIGHT. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES. FIVE TO ZERO. THANK YOU. AND THEN THANK YOU. AND WE'RE ALSO GONNA DO AGENDA ITEM 28. [28) Direct staff to bring back a Resolution of the City of Kyle, Texas to make appointments for one primary and one alternate voting representative to the CAMPO Technical Advisory Committee to replace Mike Trimble.] DIRECT, NO. YEP. DIRECT STAFF TO BRING BACK RESOLUTION OF THE CITY OF KYLE, TEXAS TO MAKE APPOINTMENTS FOR PRIMARY AND ONE ALTERNATIVE VOTING REPRESENTATIVE TO THE CAMPO TECHNICAL ADVISORY COMMITTEE TO REPLACE MIKE TRIMBLE. ITEM PRESENTER. MIKE MC. UH, MARK MCKINNEY. YEAH, BASICALLY THIS IS JUST SOMEBODY WITH, UH, YOU KNOW, THE TECHNICAL EXPERTISE, UH, ENGINEERS, SOMETHING LIKE THAT. OKAY. TO REPLACE THAT, UH, ON THAT PARTICULAR COMMITTEE. THIS ISN'T LIKE THE ADVISORY COMMITTEE THAT I SIT ON. OKAY. SO JUST TO KIND OF CLARIFY THE DIFFERENCE THERE. SO I'D LIKE TO MAKE A MOTION TO HAVE STAFF BRING BACK, UM, ONE PRIMARY AND ONE ALTERNATE FOR THE, UH, TECHNICAL ADVISORY COMMITTEE. [05:30:01] SECOND. SECOND, . ALRIGHT. I HAVE A MOTION BY COUNCIL MEMBER MCKINNEY, A SECOND BY MYSELF. ALL IN FAVOR SAY AYE. AYE. AYE. OPPOSED? MOTION PASSES FIVE TO TWO AND WE ARE GONNA BRING BACK AGENDA ITEM 26 [26) Discussion and possible action to direct the Interim City Manager to have the City's Water Utilities Department prepare and present to the City Council, no later than January 2027, a Water Supply Weighted Portfolio Analysis evaluating alternative combinations of water supply strategies and identifying the portfolio mix that best meets the City's long-term water supply objectives. The analysis will evaluate the City's entire water supply portfolio, including surface water, groundwater, reclaimed water, indirect potable reuse (IPR), direct potable reuse (DPR), aquifer storage and recovery, conservation measures, desalination, and other planned water purchases. At a minimum, the weighted analysis shall assess supply reliability, drought resilience, capital investment requirements, regulatory compliance, operational risks, and most importantly, the affordability of potable drinking water for the residents of Kyle.] AND, UH, 20, I'M SORRY, 23. 23 AND 26. 26. 23. 26. ALL RIGHT. WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.