CITY COUNCIL REGULAR MEETING MINUTES  The City Council of the City ofKyle, Texas met in Regular Session on May 22, 2024 at Kyle City Hall  with the following persons present: Mayor Travis Mitchell Mayor Pro Tem Robert Rizo Council Member Bear Heiser Council Member Lauralee Harris Council Member Daniela Parsley Council Member Michael Tobias Bryan Langley, City Manager Amber Schmeits, Assistant City Manager Jesse Elizondo, Assistant City Manager Aimee Alcorn-Reed, City Attorney Julie Beggs, Asst. Dir. of Admin Services Grant Bowling, Audio Film Prod Manager Jeffrey Banks, Audio & Film Prod Spec Jennifer Kirkland, City Secretary Leon Barba, City Engineer Victoria Vargas, Director ofEconomic Dev. Perwez Moheet, Director of Finance Andy Alejandro, Accounting Manager Connie Campa, Accounting Manager Marco Forti, Director ofIT Jessica McCart, Interim Director ofLibrary Chance Padier, Asst. Dir. ofParks & Rec. Stacy Anderson, Trails & Outdoor Ed. Supv. Melissa McCollum, ChiefDev. Officer Will Atkinson, Director of Planning Jason Lutz, Planning Manager Jeff Barnett, ChiefofPolice Tracy Vrana, Police Sergeant Ashlee Bradshaw, Pub. Info&Comm Engmt Sp. Mike Murphy, Director of Water Utilities Tim Samford, Asst. Dir. of Water Utilities Chris Arnold, Asst. Director Public Works Nathan Wehrman, Building Specialist  Cynthia Bentley Yvonne Flores-Cale April Perlman Sienna Rodriguez Nancy Heintz Kaimi Mattila Brad Lutz Anthony Winn Michelle Zaumeyer Jay Hawk Todd Daily  I. Call Meeting to Order and Roll Call  Mayor Mitchell called the meeting to order at 7:08 p.m. The Pledge of Allegiance was recited. Mayor Present were: Mayor Mitchell, Mayor Pro Tem Rizo, Council Member Heiser, Council Member Harris, Council Member Parsley, and Council Member Tobias. A quorum was present. Council Member Mayor Pro Tem Rizo moved to excuse Council Member Zuniga's absence from this meeting. Mayor  Mitchell asked the city secretary to call roll.  Zuniga was absent.  Mitchell seconded the motion. Motion passed 16-0.    Council Meeting Minutes May 22, 2024-1 Page 2 Kyle City Hall  II. Approval of Minutes  1. Approval of the City Council May 7,2024 Special Meeting Minutes and May 7, 2024 Regular  Meeting Minutes.  (Item Presenter: Jennifer Kirkland, TRMC, City Secretary)  Council Member Tobias moved to approve the minutes of the May 7,2 2024 Special Council Meeting and the minutes of the May 7, 2024 Regular Council Meeting. Mayor Pro Tem Rizo seconded the  motion. Motion passed 6-0.  III. Citizen Comment Period with City Council  Mayor Mitchell opened citizen comments at 7:09 p.m.  Cynthia Bentley was called to speak. She spoke on behalf of Word ofLife Church about a tennis shoe Yvonne Flores-Cale was called to speak. She thanked the City Staff for the Kyle Fair. She spoke about Agenda Iteml No. 16, asking the council to consider past council votes and concerns regarding the traffic April Perlman was called to speak. She stated that she is not a' Texan but comes from Alaska. She stated that there is no mention of an environmental consultant or a wildlife survey. She spoke about owls and With no one else wishing to: speak, Mayor Mitchell closed citizen comments at 7:13 p.m.  drive on June 71 to the end ofJune, anyone needing shoes can go online to register.  on FM 150, private roads, and possible effects on Dairy Queen and water.  nature and the habitat that exists.  IV. Agenda Order  2. Agenda Order per Rules of Council Sec. B1. (Item Presenter: Travis Mitchell, Mayor)  Mayor Mitchell spoke about the staff presentations being moved to the end. Council Member Heiser asked to move Item No. 14 out of order ahead of Item No. 5. He withdrew his request. No action was  taken.  V. Reports and Presentations  3. Recognition oft the 2024 Lehman High School Key Club members and their community service  in the City ofKyle.  (Item Presenter: Michael Tobias, Council Member)  Sienna Rodriguez, Key Club President, provided closing remarks. No action was taken.  4. Receive a report, hold a discussion, and provide staff direction on the Hays County Homeless (Item Presenter: Nancy Heintz, Co-Chair, Homeless Coalition of] Hays County)  Coalition 2024 Point-in-Time Count & Survey Analysis.  Council Member Harris provided information on the item. Ms. Nancy Heintz presented the item. Ms.  Kaimi Mattila provided information on the item. No action was taken.    Council Meeting Minutes May 22, 2024- Page 3 KyleCity Hall  5. A proclamation recognizing World Mission Society Church ofGod. (Item Presenter: Daniela Parsley, Council Member)  Council Member Parsley read aloud the Proclamation acknowledging World Mission Society Church  ofGod. Brad Lutz spoke about the mission of the church. No action was taken.  VI. Consent Agenda  Council Member Parsley pulled Item Nos. 8 and 11. Mayor Mitchell brought forward Item Nos. 6,7, 6. Consider approval of a purchase agreement with the Lower Colorado River Authority for twenty-three (23)L3Harris XL-185M in-car radios systems in the amount of$147,411.41. (Item Presenter: Julie Beggs, Assistant Director of Administrative Services) 7. Consider approval of year 2 of a purchase agreement with Global Traffic Technologies for the service renewal of right-of-way traffic management devices in the amount of $54,569.80. (Item Presenter: Julie Beggs, Assistant Director of Administrative Services) 9. Consider approval of Amendment No. 1 to CP&Y, Inc., dba STV Infrastructure, in the amount of $100,957.28, for supplemental design, bid and award, construction and post construction phase services for improvements to the wastewater treatment plant's non potable water system. 10. Consider approval ofa contract and purchase agreement with Holt Cat of Austin fora Cat 299D3  9,10, and 12 for consideration.  (Item Presenter: Julie Beggs, Assistant Director of Administrative Services)  XE Compact Track Loader int the amount of $154,892.59.  (Item Presenter: Julie Beggs, Assistant Director of Administrative Services)  12.0 Consider approval of Amendment #3 to Task Order #1 with HDR Inc. in the amount of $66,900 for Plum Creek Golf Course Wastewater Interceptor to provide final design plans, bidding  services, real estate services and construction services. (Item Presenter: Leon Barba, P.E., City Engineer)  Council Member Parsley moved to approve Consent Agenda Item Nos. 6, 7,9, 10, and 12. Mayor Pro  Tem Rizo seconded the motion. Motion passed 6-0.  VII. Items Pulled from Consent Agenda  8. Consider approval of a 1-year contract with HUB International for health and welfare benefits consulting in the amount of $60,000 with two 1-year extension options for a total amount of  $180,000 for all contract years.  (Item Presenter: Julie Beggs, Assistant Director of Administrative Services)  Ms. Beggs addressed Council Member Parsley's questions on the item. Mr. Langley also provided Council Member Parsley moved to approve a 1-year contract with HUB International for health and welfare benefits consulting in the amount of $60,000 with two 1-year extension options for a total  information on the item.    Council Meeting Minutes May 22, 2024- - Page 4 Kyle City Hall -0.  amount of$180,000 for all contract years. Mayor Pro Tem Rizo seconded the motion. Motion passed 6 11.Consider approval of a 3-year purchase agreement with Vertosoft, on behalf of OpenGov, through TX-DIR Cooperative, for the purchase and installation ofOpenGov's "Open Data"and  "Reporting and Transparency" Platform in the amount of $280,719.49.  (Item Presenter: Marco Forti, Director ofIT)  Council Member Parsley asked for the item to be presented. Mr. Elizondo turned the floor over to Council Member Parsley moved to approve a 3-year purchase agreement with Vertosoft, on behalf of OpenGov, through TX-DIR Cooperative, for the purchase and installation of OpenGov's "Open Data" and "Reporting and Transparency" Platform in the amount of $280,719.49. Council Member Harris  Mr.Forti, who presented the item.  seconded the motion. Motion passed 6-0.  VIII. Consider and Possible Action  13. Consider approval ofTask Order No. 4i in the amount of $73,000 with HDR Engineering, Inc to  conduct a traffic study on Kohlers Crossing. (Item Presenter: Leon Barba, P.E., City Engineer)  Mayor Pro Tem Rizo moved to approve Task Order No. 4 in the amount of $73,000 with HDR Engineering, Inc to conduct a traffic study on Kohlers Crossing. Council Member Parsley seconded the 14. Consider approval ofar resolution authorizing the award oft the Increase Access to Mental Health Services for Residents Under 18 solicitation to Hill Country Mental Health and Developmental Disabilities Centers (or another qualified offeror) and authorizing the City Manager, or  motion. Motion passed 6- -0.  designee, to negotiate a contract.  (Item Presenter: Julie Beggs, Assistant Director of Administrative Services)  Ms. Beggs presented the item. Anthony Winn provided information on the item. Michelle Zaumeyer Council Member Parsley moved to approve resolution authorizing the award of the Increase Access to Mental Health Services for Residents Under 18 solicitation to Hill Country Mental Health and Developmental Disabilities Centers (or another qualified offeror) and authorizing the City Manager, or designee, to negotiate a contract. Council Member Harris seconded the motion. Motion passed 5-1 with Mayor Mitchell called a recess at 8:39 p.m. Mayor Mitchell called the meeting back to order at 8:48 15. Consider approval ofai resolution finding public convenience and necessity and authorizing the use of eminent domain to condemn, if necessary, from a 115.708 acre tract owned by Dennis L. Miller, a 0.36 acre water line easement and a 0.44 acre temporary construction easement (both as described in Exhibits 4 and 5) from that certain tract conveyed to Leo A. Miller and recorded  also provided information on the item.  Mayor Pro Tem Rizo dissenting.  p.m. Council Member Tobias was absent at the time the meeting reconvened.    Council Meeting Minutes May 22, 2024- - Page 5 Kyle City Hall  at Volume 209, Page 227 of the deed records of Hays County, Texas, for the public use and  purpose of construction ofa water line. Council Member Tobias returned at 8:51 p.m.  (Item Presenter: Amber Schmeits, Assistant City Manager)  Mayor Mitchell moved to authorize the use of eminent domain to acquire both aj permanent water line easement of 0.36 acres and a temporary construction easement of0.44 acres from property owned by Dennis L.J Millerand described in agenda item 151 for the public use ofconstructing and operating public water lines and infrastructure improvements. Mayor Pro Tem Rizo seconded the motion. Motion passed 16. (First Reading) Consider approval of an ordinance amending Chapter 53 (Zoning) of the Code ofOrdinance, rezoning approximately 45.3 acres of land from 'RS' (Retail Services), to 'PUD' (Planned Unit Development, approximately 29.9 acres 'RS' & approximately 15.4 acres 'R-3- 3 (apartments) for property located at 22675 IH-35 in Hays County, Texas. (Kyle Retail/Office,  5-0. Council Member Heiser had left the dais at 8:51 and was absent for the vote.  LLC-Z-23-0119) Public Hearing  (Item Presenter: Jason Lutz, Planning Manager)  Council Member Heiser returned at 8:54 p.m. Mayor Mitchell opened the public hearing at 9:05 p.m.  April Perlman spoke. She stated that she lives off of FM 150 and she spoke about the traffic between 3:30j pm to 6:00 pm. She asked whether the apartments will be livable with reasonable rent. She stated that the developers are here for money and asked how the City will accommodate the residents who live there. She spoke about the water restrictions on existing residents and how much more will the area bei impacted by the increased population. She asked the council to make the math make sense. Jay Hawk spoke on the item. He spoke about the city needing more things like dense urban neighborhood and ways for homeowners to densify their own neighborhoods. He stated that instead of With no one else wishing to speak, Mayor Mitchell closed the public hearing at 9:10 p.m.  planned unit developments the city needs neighborhoods.  Todd Dailey spoke on behalf oft the developer.  Mayor Mitchell moved to approve ordinance amending Chapter 53 (Zoning) of the Code of Ordinance, rezoning approximately 45.3 acres of land from RS (Retail Services), to PUD (Planned Unit Development, approximately 29.9: acres RS & approximately 15.4a acres R-3-3 (apartments) for property located at 22675 IH-35 in Hays County, Texas and direct staff to amend the development agreement that is being proposed to come forward any other necessary documents to take into consideration the comments from Mayor Pro Tem Rizoand Council Member Harris in regards to the amendments. Mayor Mayor Mitchell requested a roll call vote. Council Member Zuniga was absent, Mayor Pro Tem Rizo voted aye; Council Member Heiser voted nay; Council Member Parsley voted nay; Council Member  Pro Tem Rizo seconded the motion.    Council Meeting Minutes May 22, 2024- Page 6 Kyle City Hall 3.  Harris voted aye; Council Member Tobias voted nay; and Mayor Mitchell voted aye. Motion failed3- 17.Consider approval of Supplemental Work Authorization No. 51 to Work Authorization No. 1to KF Friese + Associates, LLC, increasing Work Authorization No. 1 by $3,217,772.92 for  program management services for the 2022 Road Bond Program. (Item Presenter: Bryan Langley, City Manager)  Mayor Mitchell moved to approve the Supplemental Work Authorization No. 51 to Work Authorization No. 1 to K Friese + Associates, LLC, increasing Work Authorization No. 1 by $3,217,772.92 for program management services for the 2022 Road Bond Program. Mayor Pro Tem Rizo seconded the  motion. Motion passed 6-0.  IX. Staff Reports and Presentations  18. Receive a report, hold a discussion, and provide staff direction regarding the inaugural City of  Kyle Strategic Plan.  (Item Presenter: Jesse Elizondo, Assistant City Manager)  No action was taken.  19. Receive a report, hold a discussion, and provide staff direction on proposed library program  budget for fiscal year 2024-2025.  (Item Presenter: Jessica McCart, Interim Director ofLibrary Services)  No action was taken.  20. Receive ai report, hold a discussion, and provide staffdirection on the proposed customer service  plan including 3-1-1 program for fiscal year 2024-2025. (Item Presenter: Jesse Elizondo, Assistant City Manager)  No action was taken.  21. Receive ai report, hold a discussion and provide staff direction on the management oft the City's  fleet and fuel operations.  (Item Presenter: Amber Schmeits, Assistant City Manager)  No action was taken.  X. Executive Session  22. Pursuant to Chapter 551, Texas Government Code, the City Council reserves the right to convene into Executive Session(s) from time to time as deemed necessary during this meeting. The City Council may convene into Executive Session pursuant to any lawful exception contained in Chapter 551 of the Texas Government Code including any or all of the following a. Executive session pursuant to Texas Government Code 551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to the acquisition of property for transportation improvements and related infrastructure; and pursuant to' Texas  topics.    Council Meeting Minutes May 22, 2024-P Page 7 KyleC City Hall  Government Code $551.072 to discuss the possible purchase, exchange, lease, or value of b. Executive session pursuant to Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to the acquisition of property for downtown and park improvements and related infrastructure, including property located at or near 2000 Dacy Lane and 1942 Dacy Lane; and pursuant to Texas Government Code $551.072 to discuss the possible purchase, exchange, lease, or value of Executive: session pursuant to Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Sahara; and pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic d. Executive session pursuant to Texas Government Code $551.071 and' Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Cliffhanger; and pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic Executive session pursuant to' Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Two Step; and pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic Executive session pursuant to Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Stars are Bright; and pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting Executives session pursuant to' Texas Government Code $551.071 and' Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Connect Four; and' pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic h. Executive: session pursuantto? Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to Project Lone Oak; and pursuant to Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic Executive session pursuant to' Texas Government Code $551.071 and' Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to the development  real estate related to same.  real estate related to same.  development negotiations relate to same.  development negotiations relate to same.  development negotiations related to same.  economic development negotiations related to same.  development negotiations related to same.  development negotiations related to same.    Council Meeting Minutes May 22, 2024- Page 8 Kyle City Hall  agreement with Toll Southwest, LLC; and pursuant to' Texas Government Code $551.087 to discuss and deliberate regarding potential financial or other incentives to business prospect(s) that the City seeks to have locate, stay, or expand in or near the City and with which the City is conducting economic development negotiations related to same. Executivesession pursuant to Texas Government Code $551.071 and' Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to the acquisition of property located at or near RM: 2770 (Jack C Hays Trail) and FM 150 in Hays County or of property interest related to said property, from Dennis L. Miller and/or other interested parties; and pursuant to Texas Government Code $551.072 to discuss the possible purchase, exchange, lease, or value of real estate related to same, including the value of k. Executivesession pursuant to Texas Government Code $551.071 and Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to the acquisition of property and/or alignment and design of water or wastewater infrastructure; and pursuant tol Texas Government Code $551.072 to discuss the possible purchase, exchange, lease, or Executivesession pursuant to' Texas Government Code $551.071 and' Texas Disciplinary Rules 1.05 to consult with attorneys concerning legal issues related to personnel matters, including but not limited to the City Manager's contract; and pursuant to Texas Government Code $551.074 to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline ofaj publicofficerore employee( (including, but not limited  easement(s) or other property interests.  value of real estate related to same.  to, the City Manager).  There was no executive session.  23. Take action on items discussed in Executive Session.  XI. Adjourn  Mayor Mitchell moved to adjourn. Mayor Pro Tem Rizo seconded the motion. No vote was held.  With no further business to discuss, the City Council adjourned at 11:06 p.m.  ATTEST:  E  Saniltinkland Jenniferl Kirkland, City Secretary