* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:04] ALL RIGHT. [1. CALL TO ORDER – 6:00 PM] WELCOME EVERYONE TO THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF BURNING TEXAS. IT'S FEBRUARY 11TH, 2025 AND OFFICIALLY 5:59 PM UM, THANKFUL FOR THE RAIN TODAY. EVERYONE THANKFUL FOR THE RAIN. UH, IT'S MY PREVIOUS AT THIS TIME TO, UH, INTRODUCE RABBI YOSHI FROM THE SHABBAT OF BERNIE TO COME UP AND, AND DELIVER AN INVITATION FOR US THIS EVENING. WELCOME, RABBI. WE'RE SO GLAD YOU COULD JOIN US THIS EVENING. THANK YOU. IT'S GOOD TO BE BACK. IT'S BEEN, UH, WHAT, TWO YEARS SINCE I FIRST MOVED HERE AND IT'S WONDERFUL TO BE BACK AGAIN. AND GOOD EVENING LADIES AND GENTLEMEN. LET US PRAY. ALMIGHTY GOD, I INVOKE YOUR BLESSING TODAY ON THE BERNIE CITY COUNCIL MEETING. THIS CITY IS BLESSED TO HAVE GOOD AND UPSTANDING CITIZENS WHO SERVE AS LEADERS IN OUR COMMUNITY WITH DIGNITY AND PASSION. MY MENTOR, THE REBI RABBI MANSEN OF BLESSED MEMORY, TAUGHT THAT AFTER THE GREAT FLOOD, GOD COMMANDED NOAH AND ALL OF HUMANITY TO EMBRACE SEVEN UNIVERSAL LAWS. THEY ARE ONE TO RECOGNIZE THAT GOD IS ONE. TWO, TO RESPECT OUR CREATOR. THREE, TO RESPECT HUMAN LIFE. FOUR, TO BE RESPECTFUL AND MORAL IN OUR MARRIAGES. FIVE, TO RESPECT THE RIGHTS AND PROPERTIES OF OTHERS. SIX, TO RESPECT ALL OF GOD CREATURES. AND, AND FINALLY TO MAINTAIN A JUST AND LAWFUL SOCIETY. THESE LAWS WERE MEANT TO BRING ALL OF US CHILDREN OF GOD UNDER ONE RULE OF LAW. ALMIGHTY GOD, WE PRAY THAT YOU ADD YOUR BLESSINGS TO THE ENDEAVORS OF THIS GATHERING AND GIVE THEM THE STRENGTH OF CHARACTER TO DO WHAT'S BEST FOR OUR COUNTRY AND COMMUNITY. AS ABRAHAM LINCOLN ONCE SAID, MY CONCERN IS NOT WHETHER GOD IS ON OUR SIDE. MY GREATEST CONCERN IS TO BE ON GOD'S SIDE. FOR GOD IS ALWAYS RIGHT. ALMIGHTY GOD GUIDE OUR HONORABLE REPRESENTATIVES TO DEBATE THEIR DIFFERENCES WITH CIVILITY AND TO ALWAYS KEEP IN MIND THAT PEOPLE THAT DISAGREE ARE ALSO TRYING TO DO THE RIGHT THING. LET THEM DISAGREE WITHOUT BEING DISAGREEABLE. DEBATE. WITHOUT BECOMING DEBASED AND COMPROMISE, WITHOUT BECOMING COMPROMISED. ALMIGHTY GOD, YOU PROMISE TO OUR FOREFATHER ABRAHAM, THAT I WILL BLESS THOSE THAT BLESS YOU AND CURSE THOSE THAT CURSE YOU AND THAT PROMISE STILL HOLDS. WE TRUST THAT YOU WILL BLESS ALL THOSE WHO STAND WITH YOUR PEOPLE ISRAEL, WITH THE LAND OF ISRAEL IN THIS TIME OF TROUBLE AND WAR. WE PRAY FOR THE SAFETY OF OUR BROTHERS AND SISTERS IN THE HOLY LAND AND BESEECH YOU TO BRING HOME THOSE PRECIOUS SOULS STILL BEING HELD IN CAPTIVITY FOR MORE THAN 490 TERRIFYING DAYS. WE ASK THAT YOU BLESS THOSE MANY RIGHTEOUS PEOPLE THROUGHOUT THE WORLD WHO HAVE STOOD UP AND CONTINUE TO STAND UP FOR TRUTH AND JUSTICE. IN THIS TIME OF MURKY VALUES AND CONFUSED MORALITY AND JUSTICE THROUGHOUT THE WORLD AND OUR BELOVED UNITED STATES, WE ASK FOR YOUR BLESSINGS TO BE A LIGHT ONTO THE WORLD. WE ASK FOR THE COURAGE AND FORTITUDE TO STAND UP AGAINST HATE, INJUSTICE AND ANTISEMITISM, TO CONFRONT THOSE THAT WISH TO TEAR OUR COUNTRY AND IDEALS APART. LET THE PLEASANTNESS OF THE LORD BE UPON US AND THE WORK OF OUR HANDS. BE BLESSED. MAY WE BUILD TOGETHER A COMMUNITY OF VALUES AND GOODNESS, A COUNTRY OF LOVE AND RESPECT, WHERE WE TEACH OUR CHILDREN TO VALUE LIFE, TREAT OTHERS WITH GRACE AND DIGNITY, AND BE PROUD AMERICANS AND SERVE GOD ALMIGHTY. MAY WE WITNESS ISAIAH'S VISION OF PEACE AND TRANQUILITY WHEN SWORDS WILL BE BEATEN INTO PLOWSHARES AND THE WORLD WILL BE FINALLY AT PEACE. AMEN. THANK YOU SO MUCH. THANK YOU RABBI. DID YOU NOW JOIN ME IN THE PLEASURE OF ALLEGIANCE AND THE PLEDGE OF THE TEXAS FLAG? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH 13 JUSTICE, ALL HONORING THE TEXAS FLAG. I PLEDGE THE REASON TO SEE TEXAS, ONE STATE UNDER GOD, ONE AN INDIVISIBLE. THANK YOU. YOU MAY BE SEATED. MOVING ON TO AGENDA [2. CONFLICTS OF INTEREST] ITEM NUMBER TWO, CONFLICTS OF INTEREST. COUNCIL MEMBERS, DO WE HAVE ANY CONFLICTS OF INTEREST THIS EVENING? NO, NO CONFLICTS OF INTEREST. GREAT. MOVING ON TO AGENDA ITEM [3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue, in compliance with LGC Section 551.007. City Council may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169)] NUMBER THREE, PUBLIC COMMENTS. I WILL STATE YOUR NAME. UH, I WILL READ OFF THE LIST, UH, TO COME FORWARD AND SPEAK. STATE YOUR NAME, YOUR ADDRESS, AND YOUR THREE MINUTES WILL BEGIN ONCE. ONCE YOU'VE STATED YOUR NAME AND ADDRESS. OUR FIRST SPEAKER THIS EVENING IS UH, MATT MCCALL. MATT, WOULD YOU LIKE A COPY? NO. GOOD EVENING. I'M MATT MCCALL. [00:05:01] MY WIFE WENDY ANN IS HERE WITH ME. MY FAMILY MOVED INTO 6 7 8 ROSEWOOD THE WEEK BEFORE THANKSGIVING IN 1976. A NUMBER OF YEARS AGO, MY MOTHER WAS DYING OF BREAST CANCER AND MY PARENTS WERE IN FINANCIAL JEOPARDY AND LOST THE HOUSE AND I BOUGHT IT BACK SO THAT SHE COULD DIE IN THE HOUSE THAT SHE HAD BEEN IN FOR MORE THAN 30 YEARS. MY FATHER HAD REPLANTED THE SEVEN AND A HALF ACRES INTO FIVE LOTS, THREE OF WHICH HE SOLD TO DON OTTING, WHO BUILT HOMES ON THEM. MY HOME AND THE LOT NEXT DOOR ARE PART OF THE ORIGINAL DEVELOPMENT PLAT. WHEN WE SUBMITTED A PETITION FOR VESTED RIGHTS, IT WAS DENIED BY THE CITY MANAGER AND WE APPEALED TO THE COUNCIL, WHICH DENIED IT AS WELL. AT THE NEXT MEETING, THE COUNCIL MADE THE CORRECT LEGAL CALL TO GRANT THE PETITION FOR VESTED RIGHTS TO ANOTHER CITIZEN IN THE SAME SITUATION, ONLY DIFFERING IN THE NUMBER OF YEARS THAT HAD PASSED. THERE WAS NOTHING AT THE TIME OF THE DEVELOPMENT AGREEMENT WAS ENTERED INTO IN THE CITY CHARTER. THAT PUTS LIMITS OF TIME ON THE DEVELOPMENT AGREEMENT. I HAVE SPOKEN WITH YOU MR. MAYOR, AND TO MY COUNCIL, UM, WOMAN SHARON WRIGHT, AS WELL AS COUNCILMAN QUENTIN SCOTT ASKING FOR THE COUNCIL TO BRING THIS ISSUE BACK AND TO CURE WHAT WAS SURELY A MISTAKE. CITY COUNCIL MAY ASK, OH, EXCUSE ME. IT IS MY UNDERSTANDING THAT SOMEONE MAY ADVISE YOU THAT YOU DO NOT HAVE THE LEGAL RIGHT TO CURE A MISTAKE DIRECTLY, WHICH I WOULD FORCEFULLY DISAGREE WITH. IN ADDITION TO YOUR RIGHT TO BRING AN ITEM UP ON THE AGENDA, THERE IS ANOTHER ROUTE AS WELL. FOR THE CITY TO CURE THIS MISTAKE, THE CITY COUNCIL MAY ASK THE CITY MANAGER TO RECONSIDER AND CURE THE MISTAKE FOR WHICH THERE IS NOTHING IN THE CITY CHARTER OR THE LAW TO PREVENT. THE LETTER THAT MY ATTORNEY SENT WAS HER SECOND DRAFT AS I TOLD HER VERY CLEARLY THAT I DID NOT WANT TO FIGHT OR START A FIGHT WITH THE CITY. WE JUST WANT TO LAY OUT THE FACTS AND TO ASK THAT IN THE LIGHT OF WISDOM AND JUSTICE THAT YOU RECONSIDER IN A MEETING WITH THREE ATTORNEYS 10 DAYS AGO, I WAS TOLD THAT IF WE HAD TO FIGHT THE CITY IN ORDER TO RECOGNIZE OUR VESTED RIGHTS, THAT IT WOULD COST $300,000 AND TAKE FIVE YEARS BEFORE THE CITY WOULD HAVE TO REIMBURSE US. DOESN'T THIS SEEM LIKE TYRANNY WHEN THE GOVERNMENT HAS LEGAL INSURANCE AND KNOWS THAT MOST CITIZENS CAN'T AFFORD $300,000, MUCH LESS FIVE YEARS? CLEARLY NO MEMBER OF THIS COUNCIL WANTS TO PROVIDE FOR THIS SORT OF NOT SO SOFT TYRANNY, WHICH IS WHY I'M HOPEFUL THAT YOU'LL RECONSIDER AND ACT TO CURE THIS MISTAKE WITH THE POWER THAT WE, THE CITIZENS HAVE VESTED IN YOU. THANK YOU. I WOULD ONLY LIKE TO CLARIFY IF I COULD ONE SENTENCE THAT I AM MY VESTED VICE PETITION IS NOT ASKING TO VEST OUT OF FEMA RULES. I'M ONLY TALKING TO THE CITY. THAT'S ANOTHER GROUP OF PEOPLE. THANK YOU SO VERY MUCH FOR YOUR TIME AND YOUR CONSIDERATION. HAVE A BLESSED EVENING. THANK YOU MR. MCCALL. ALRIGHT, THERE IS NO ONE ELSE SIGNED UP TO LI TO TO SPEAK IF SOMEONE HAS COME IN LATE AND THEY LET TO COME FORWARD TO THE PODIUM AND SPEAK OR YOU CAN STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES TO SPEAK ONCE YOU COME FORWARD. OKAY? NO ONE ELSE WANTS TO COME FORWARD. WE'RE GONNA CLOSE PUBLIC COMMENTS AND MOVE INTO ITEM AGENDA NUMBER [4. CONSENT AGENDA: All items listed below within the Consent Agenda are considered to be routine by the City Council and may be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item may be moved to the general order of business and considered in its normal sequence.] FOUR, A CONSENT AGENDA. COUNCIL MEMBERS, DO WE HAVE ANY QUESTIONS OR CONCERNS ABOUT AGENDA ITEM FOUR A? IF NOT, CAN I GET A MOTION AND A SECOND? A MOTION FROM COUNCILMAN MACALUSO? MAY I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED? SECOND FROM COUNCILMAN WILLISON. PLEASE VOTE. CONSENT AGENDA TO PASSES. FIVE ZERO. THANK YOU EVERYONE. MOVING ON TO [A. PRESENTATION, PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-02; AN ORDINANCE ANNEXING APPROXIMATELY 0.927 ACRES OF COUNTY ROAD RIGHT-OF-WAY, BEING A PORTION OF THAT CERTAIN 1.382 ACRE TRACT OF LAND CONVEYED TO KENDALL COUNTY IN INSTRUMENT RECORDED IN VOLUME 533, PAGES 728-734, OFFICIAL RECORDS, KENDALL COUNTY, TEXAS, AND A PORTION OF THE REMAINING PIECE OF A 50.78 ACRE TRACT OF LAND (KAD PARCEL# 11550) DESCRIBED IN INSTRUMENT RECORDED IN VOLUME 79, PAGES 225-226, DEED RECORDS, KENDALL COUNTY, TEXAS, INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY. (Roadway annexation at the request of Kendall County)] AGENDA ITEM FIVE A 2024 DASH 6 0 5 PRESENTATION IN A PUBLIC HEARING. CONSIDER ON FIRST READ ORDINANCE NUMBER 2025 DASH ZERO TWO AND ORDINANCE ANNEXING APPROXIMATELY 0.92 ACRES OF COUNTY ROAD RIGHT OF WAY BEING PORTIONED. THAT'S CERTAIN. 1.382 ACRE TRACK OF LAND CONVEYED TO KENDALL COUNTY. AN INSTRUMENT RECORDED IN VOLUME 5 3 3 PAGES 7 28 TO 7 34 FOR OFFICIAL RECORDS OF KENDALL COUNTY TEXAS PRESENTING. UH, CHERYL? YES. GOOD EVENING. SO CHERYL ROGERS, I'M CITY ENGINEER IN THE ENGINEERING DEPARTMENT. I WORK WITH JEFF CARROLL. SO HERE TONIGHT TO DISCUSS THE ANNEXATION OF A PORTION OF CASCADE CAVERNS ROAD. THIS ALIGNS WITH THE STRATEGY MAP F TWO, INVESTING IN AND [00:10:01] MAINTAINING HIGH QUALITY INFRASTRUCTURE SYSTEMS AND PUBLIC ASSETS. SO THIS EXHIBIT SHOWS THE AREA WE ARE DISCUSSING TONIGHT. IT'S, IF YOU LOOK AT THE SOUTHEAST QUADRANT OF THE CITY, THIS IS ADJACENT TO SOUTHLAND ON THE EAST SIDE AND IT'S THE NORTH SOUTH, THAT NORTH SOUTH PORTION OF CASCADE CAVERNS. SO HERE IS AN EXHIBIT SHOWING SOUTHLAND. SOUTHLAND WAS ANNEXED IN SEVERAL PIECES FROM 2016 TO 2018. AND THEN USUALLY SINCE, AND WE'LL DISCUSS THIS IN A SECOND, BUT USUALLY THE ROAD NEXT TO THE PIECE OF PROPERTY WOULD BE ANNEX TWO. AND SO THAT'S WHAT WE'RE HERE TO CORRECT TODAY. AND SO IN 2021, A PORTION OF CASCADE CAVERNS THAT YOU SEE IN RED ON THE SOUTH SIDE WAS ANNEX. AND THEN IN THE DASHED LINE, THAT IS THE PORTION WE'RE DISCUSSING TODAY. SO HERE YOU CAN SEE THIS IS A, A SECTION OF SOUTHLAND PHASE 11 B AND THE RED PORTION SHOWS SOME RIGHT OF WAY DEDICATION THAT WAS PROVIDED AS PART OF THAT PLAT AND IT WAS DEDICATED TO THE CITY. SO THE ROAD ITSELF IS CURRENTLY A COUNTY RIGHT OF WAY, BUT THAT SLIVER THAT YOU SEE IN RED IS ACTUALLY CITY RIGHT OF WAY. AND SO HERE'S AN EXHIBIT FOR THE PROPOSED ANION. AND IN 2015 IS WHENEVER THE ANNEXATION RULES CHANGED AND THAT'S WHENEVER IT WAS DESIGNATED THAT THE ROAD ADJACENT TO A PORTION OF PROPERTY THAT IS ANNEXED INTO A CITY. ALSO, THAT ROAD NEEDS TO BE ANNEXED INTO THE CITY AS WELL. AND SO WITH THAT, UM, YOU KNOW, NOT, NOT QUITE SURE OF ALL THE HISTORY 'CAUSE THIS WAS MANY YEARS AGO PRIOR TO MANY OF OUR TIMES. BUT UM, SINCE THEN THE COUNTY HAS NOTICED THIS AND THEY SENT A LETTER TO THE CITY ON OCTOBER 2ND ASKING TO RECTIFY THE ISSUE AND PER STATE LAW, WE THEN SENT A LETTER BACK TO THE COUNTY, WHICH SOUNDS BACKWARDS, BUT PER LETTER LETTER OF THE LAW, WE PROVIDED A 60 DAY DAY NOTICE TO THE COUNTY FOR ANNEXATION. AND SO WITH THAT LAST MONTH, JANUARY 14TH, YOU ALL SET THE PUBLIC HEARING. TODAY WE'RE HAVING THE PUBLIC HEARING AND FIRST READING, AND THEN THAT THE NEXT MEETING WOULD BE THE SECOND READING. THANK YOU CHERYL. IF YOU HAVE ANY QUESTIONS, ANY QUESTIONS OR COMMENTS FROM COUNCIL MEMBERS FOR CHERYL? NO. ALRIGHT, WE'RE GONNA CLOSE OUR REGULAR MEETING AND GO INTO THE PUBLIC HEARING AT OFFICIALLY 6:12 PM WE'RE GONNA OPEN UP THE PUBLIC HEARING. ANYONE WILLING TO SPEAK ON THIS MATTER FOR THE PUBLIC HEARING? PLEASE COME FORWARD TO STATE YOUR NAME AND ADDRESS AND YOUR THREE MINUTES WILL BEGIN. GOOD EVENING. MY NAME IS, UH, RICKY PFEIFFER. I'M AT TWO 13 CASCADE CAVERN ROAD. UH, MY QUESTION IS, THERE IS A PART OF THAT THAT WAS DEDICATED TO THE COUNTY, THE SOUTH PORTION THAT Y'ALL ARE LOOKING AT. ANNEX HAS NEVER BEEN DEEDED TO THE COUNTY. IT'S STILL PRIVATELY OWNED. THE LANDOWNER PAYS TAXES ON IT. UH, DO Y'ALL HAVE A CONSIDERATION WHEN YOU HAVE A SITUATION LIKE THAT? I DON'T BELIEVE WE CAN ADDRESS DURING PUBLIC COMMENTS. OKAY. THAT'S TRUE. OKAY. I JUST WANTED TO BRING THAT UP. THAT'S, THAT'S KIND OF THE ONLY, ONLY ITEMS. THANK Y'ALL. WOULD ANYONE ELSE LIKE TO COME FORWARD? OKAY. WE WILL OFFICIALLY CLOSE THE PUBLIC HEARING AT 6:13 PM GOING BACK INTO REGULAR GENERAL SESSION, DO WE HAVE A, UH, ANY QUESTIONS FROM COUNCIL OR COMMENTS FROM COUNSEL? WE HAVE A LEGAL YEAH, LEGAL CLARIFICATION FROM WHAT MR. P WAS TALKING ABOUT THERE OR STAFF'S OPINION? WELL, WHAT'S THE, WHERE IS THE PROCESS? SO CHERYL, CAN YOU SPEAK TO WHAT THE COUNTY CONVERSATION ON THE, ON THIS SEGMENT OF ROAD, IS THERE ANY PORTION OF THIS ROAD THAT'S OWNED PRIVATELY? NOT THAT I'M AWARE OF. AND WE DID DO A MEETS AND BOUNDS SURVEY AND THE SURVEYOR WOULD HAVE PULLED TITLE IN ORDER TO PREPARE THAT. SO I'M NOT SURE WHAT THE DISCREPANCY WOULD BE. I, I THINK OUR INTENTION, AND WE, THAT'S WHY WE OBTAINED THE SURVEY, UH, WAS TO ONLY TAKE IN THAT PROPERTY AND NOT ANY OTHER. SO, UH, JUST WHAT THE COUNTY ASKED US TO TAKE IN BECAUSE OF STATE LEGISLATION THAT WHAT WE'RE DOING. I WILL SAY IF THERE IS SOMEONE, IF IT'S THIS GENTLEMAN OR ANOTHER PROPERTY OWNER THAT CLAIMS THEY'RE PAYING TAXES, THEN WE'LL NEED TO CLARIFY THAT AND RECTIFY THAT WITH THE APPRAISAL DISTRICT AND WHATNOT WITH THE COUNTY. IF THAT IS THE SITUATION AND THEY CAN COME FORWARD TO STAFF TONIGHT AFTER THE MEETING OR TOMORROW AND TAKE CARE OF THAT. I JUST, I JUST ASSUMED THE COUNTY WOULD KNOW WHO OWNED IT IF THEY THINK THEY OWN IT. I MEAN, YOU KNOW, I DON'T KNOW. THAT NEEDS TO BE CLARIFIED, THAT'S ALL. OKAY. ANY OTHER QUESTIONS OR COMMENTS FROM COUNSEL? OKAY. ALL RIGHT. CAN WE HAVE A MOTION? [00:15:04] WHAT DO WE NEED TO DO? I FORGOT. I KNOW, I KNOW YOU CLOSED THE PUBLIC COMMENTS. THE OTHER QUESTION I HAD WAS ON PROPERTY OWNED HOW WIDE, RIGHT AWAY, HOW, HOW MUCH ARE Y'ALL TAKING THERE? IS THERE A SURVEY OR SOMETHING THAT COULD BE LOOKED AT? I DON'T, I DON'T BELIEVE WE CAN COMMENT ON THAT. CHERYL, CAN YOU JUST SPEAK TO WHAT YOU CAN SPEAK TO? IT IS HERE ON THIS TO QUESTION EXHIBIT. YES. SO ACCORDING TO THIS EXHIBIT, IT'S APPROXIMATELY 51 FEET WIDE. IT, IT APPEARS TO VARY SLIGHTLY IN WIDTH, BUT APPROXIMATELY 51 FEET. AND WE WORKED WITH THE COUNTY ENGINEER DEPARTMENT ON THIS. THEY'RE AWARE OF, OF ALL OF THIS, THIS SURVEY? YES. SO YOU'RE THINKING 51 FEET WIDE IS WHAT, WHAT WORTH LOOKING? YES. OKAY. AND THAT'S FROM SIDE TO SIDE, RIGHT? SIDE TO SIDE, YEAH. SO I MEAN IT'S 2025 AND A HALF FEET FROM THE MIDLINE OF THE STREET. CORRECT? I PRESUME, ROUGHLY DO YOU HAVE TO READ THIS WHOLE THING TO MAKE THIS MOTION ? I BELIEVE SO. OKAY. QUENTIN, I'D LIKE TO MAKE A MOTION THAT WE APPROVE ON FIRST READING ORDINANCE NUMBER 2025 DASH TWO. AN ORDINANCE ANNEXING THE APP, THE APPROXIMATION OF 0.927 ACRES OF COUNTY ROAD RIGHT OF WAY BEING A PORTION OF THAT CERTAIN 1.382 ACRES, LAND OF ATTRACTIVE LAND CONVEYED TO KENDALL COUNTY AND INSTRUMENT RECORDED IN VOLUME 5 33, PAGE 7 28 THROUGH 7 34. AND OFFICIAL RECORDS, KENDALL COUNTY, TEXAS, A PORTION OF THE REMAINING PIECE OF A 50.7 ACRE AT TRACT LAND CAD NUMBER, CAD PARCEL NUMBER 1 1 5 5 0 DESCRIBED AN INSTRUMENT RECORD INSTRUMENT RECORDED IN VOLUME 79, PAGE 2 2 5 THROUGH 2 2 6 DEED RECORDS, KENDALL COUNTY, TEXAS INTO THE CITY OF BURN, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY. SO AS TO INCLUDE SAID HEREAFTER DESCRIBED PROPERLY PROPERTY WITHIN THE SAID CITY LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND, AND BINDING SAID INHABITANTS BY ALL THE ALL OF THE OTHER TRACKS, ORDINANCE RESOLUTIONS AND REGULATIONS OF SAID CITY ROADWAY. ANNEXATION OF THE REQUEST AT THE REQUEST OF KENDALL COUNTY. GIMME A SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE. AND THAT MOTION PASSES. FIVE ZERO. THANK YOU EVERYONE. MR. MAYOR, MAY I JUST REQUEST BEN, THAT BEFORE THIS COME BACK FOR THE SECOND READING THAT ALL OF THIS BE CLARIFIED AND IF THERE IS ANY CONFUSION, IT'D BE DELAYED BECAUSE WE'RE NOT INTERESTED IN TAKING ANYBODY'S PRIVATE PROPERTY. ABSOLUTELY. IN FACT, I JUST SENT CHERYL A TEXT ASKING HER IF MAYBE SHE MIGHT GO SPEAK WITH THE FERS AND, AND TRY TO GET A BETTER UNDERSTANDING. RIGHT. THANK YOU EVERYONE. ALL RIGHT, MOVING ON TO AGENDA [B. RECEIVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 2025.] ITEM FIVE B 2025 DASH 0 4 7. RECEIVE THE FIRST QUARTER FINANCIAL AND BEST REPORT FOR FISCAL YEAR 2025. PRESENTING SARAH BLU. SARAH, GOOD EVENING MAYOR AND COUNCIL. WE HAVE OUR, UH, FIRST QUARTERLY REPORT FOR FISCAL YEAR 2026 OR FISCAL YEAR 2025. I'M THINKING BUDGET ALREADY. IT'S FISCAL YEAR 2025 FOR THE PERIOD ENDED DECEMBER 31ST, 2024. THIS ITEM ALIGNS WITH OUR STRATEGY MAP THROUGH FISCAL EXCELLENCE AND COMMITTING TO STRATEGIC RESPONSIBLE AND CONSERVATIVE FINANCIAL MANAGEMENT. THIS IS OUR ANNUAL STRATEGIC MANAGEMENT AND BUDGET CYCLE. AND SO THIS, WE LIKE TO KEEP TRACK OF WHERE WE ARE IN OUR ANNUAL CYCLE. AND HERE WE ARE BETWEEN THE JANUARY AND APRIL TIMEFRAME WHERE WE'RE REVIEWING OUR QUARTERLY EXPENDITURES. I'M HAPPY TO REPORT ON A HIGH LEVEL. REVENUES ARE ON TRACK. OUR SALES TAX AND VALOREM TAX IS MEETING BUDGET. OUR OTHER GOVERNMENTAL AND UTILITIES REVENUES AND EXPENSES ARE, ARE IN TRACK FOR ALL FUNDS FOR INTEREST REVENUE. WE'RE RIGHT IN LINE WITH BUDGET. YOU MAY RECALL THAT OUR BUDGET PROJECTED THAT WE WOULD HAVE 2 25 BASIS POINTS THROUGHOUT THIS FISCAL YEAR, AND SO FAR WE'VE SEEN ONE. UM, SO, SO FAR OUR CALCULATION IS RIGHT IN LINE. THE FED OF COURSE SIGNALS THAT THERE MAY BE MORE DECREASES TO COME, BUT GIVEN THE OVERALL ECONOMIC UNCERTAINTY THAT I'M SURE WE'RE ALL AWARE OF, WE'LL KEEP OUR EYE ON THAT AND REPORT BACK. AD VALOREM TAX REVENUE IS RIGHT IN LINE WITH WHERE WE WOULD EXPECT TO BE THIS TIME OF YEAR. 83% COLLECTED THROUGH Q1. AS YOU MIGHT RECALL, UM, THESE REVENUES ARE GENERALLY FRONT LOADED AT THE BEGINNING OF [00:20:01] THE FISCAL YEAR, AND SO THAT'S ONLINE WITH, UH, PRIOR YEARS 82 AND 84% SALES TAX REVENUE, UM, WAS STRONG AS EXPECTED. GROWTH IN INTERNET SALES WAS STRONG. DECEMBER SALES WERE 8.7% OR 80,000 HIGHER THAN PRIOR YEAR. UM, WE HAVE RECEIVED 15.4% OF OUR BUDGET, WHICH IS RIGHT IN LINE WITH OUR PROJECTION FOR THE BUDGET, WHICH WAS 15.3%. SO I DON'T KNOW THAT WE COULD HAVE GOTTEN ANY CLOSER IF WE TRIED , WE DID VERY GOOD THIS QUARTER. PERMIT REVENUE, WE'RE AT 33% OF BUDGET ALREADY THROUGH DECEMBER, WHICH IS HIGHER THAN THIS TIME LAST YEAR, WHICH WAS 15%. UH, THE MAJORITY OF THE PERMIT REVENUE GENERALLY DOES COME IN THE SECOND HALF OF THIS YEAR. MY UNDERSTANDING THAT THE PERMIT REVENUE SO FAR THIS YEAR IS PRIMARILY RESIDENTIAL NEWS STARTS HOTEL MOTEL TAXES, UM, DESPITE SHOWING 13% AND WHERE 25% OF THE FISCAL YEAR IS ACTUALLY WHERE WE'RE EXPECTED TO BE. YOU MIGHT RECALL THAT THERE'S A LAG IN REVENUES FOR HOTEL MOTEL TAXES THIS QUARTER DURING DUE TO PAYMENT TIMING. SO WE ARE, WE'RE ON TRACK EVEN THOUGH THAT PERCENTAGE LOOKS A LITTLE SMALL. ELECTRIC REVENUES 19% SO FAR THIS YEAR IS IN LINE WITH, UH, SAME QUARTER LAST YEAR. WATER REVENUES COLLECTED WE'RE AT 23% OF BUDGET THROUGH DECEMBER COMPARED TO 17% LAST YEAR. AND RIGHT IN LINE WITH THE 24% WE COLLECTED IN 2023. SO CONSUMPTION THIS QUARTER IS ALSO UP SLIGHTLY FROM PRIOR YEAR THIS TIME, BUT IN LINE WITH 2023. AND THE REASON PRIMARILY FOR THIS IS NEW ACCOUNTS. WASTEWATER REVENUES ARE RIGHT IN LINE WITH WHERE WE EXPECT TO BE. ALSO, OUR GAS UTILITY IS, UM, LOOKING GOOD. WE'RE ON TARGET JUST DOWN SLIGHTLY. OUR HEDGE ON OUR GAS SUPPLY THOUGH KEEPS OUR RATES STEADY FOR OUR CUSTOMERS STORMWATER REVENUES, WE'VE COLLECTED 18% OF BUDGET, WHICH IS IN LINE WITH SAME QUARTER LAST YEAR OF 19%. AND THEN COUNSEL MAY RECALL THAT BACK ON MAY 28TH, WE BROUGHT FORWARD AN EQUIPMENT LINE OF CREDIT FOR APPROVAL IN AN AMOUNT, NOT DECE, EXCEED $3,175,000. AND WE HAD COMMITTED TO COUNSEL AT THAT TIME THAT WE WOULD COME BACK AT A FUTURE, UM, FINANCIAL QUARTERLY UPDATE TO PROVIDE AN UPDATE ONCE WE HAD PULLED THE TRIGGER ON EVERYTHING. AND SO OUR LAST QUARTERLY MEETING WAS DECEMBER 10TH, AND OUR LAST TRANSACTION THAT OCCURRED ON THIS EQUIPMENT LINE OF CREDIT WAS DECEMBER 18TH. SO THIS IS THE FIRST QUARTER THAT WE'RE ABLE TO COME BACK AND GIVE YOU AN UPDATE FINALLY ON THE COMPLETE EQUIPMENT LINE OF CREDIT. SO THE ESTIMATED COST PER THE, UM, THE RFP AND THAT WAS APPROVED BY COUNCIL WAS THE 3,175,000. THE ACTUAL COST THAT CAME THROUGH WHEN WE PURCHASED THE EQUIPMENT WAS 2,740,703, WHICH IS LOWER THAN THE AMOUNT THAT WAS APPROVED BY COUNCIL FOR THE FIRST TWO PIECES OF EQUIPMENT. THE ESTIMATED TERM OF THREE YEARS ALIGNED WITH OUR FINAL TERM AND OUR FINAL NEGOTIATIONS FOR ENCORE METERS. OUR, UH, ESTIMATED TERM WAS FIVE YEARS. AND DURING THE FINAL, UH, PHASE OF LEASE NEGOTIATIONS, WE EXTENDED THAT TERM TO 10 YEARS TO ALIGN WITH THE EXPECTED ASSET LIFE FOR THOSE METERS. AND ADDITIONALLY, THAT ALSO COMPLIANCE WITH OUR FINANCIAL MANAGEMENT POLICY, WHERE WE WANT TO ALIGN THE DEBT WITH THE LIFE OF THE ASSET. AND WHAT THAT DOES IS IT ALLOWS THE COST OF THE ASSET TO BE BORN BY THOSE THAT ARE, UM, RECEIVING THE BENEFIT OF THE ASSET. ADDITIONALLY, THERE'S, UH, CASHFLOW CONSIDERATIONS WITH ALL OF OUR INFRASTRUCTURE THAT WE'RE WANTING TO, UM, WANTING TO FUND IN THE COMING YEARS. AND SO THAT SEEMED LIKE THE BEST BET. I HAD A QUICK QUESTION BEFORE YOU MOVE ON. YES. SO IN, IN THE, IN THE FUTURE, IF WE'RE BUYING A DUMP TRUCK, ARE WE GONNA BE AMORTIZING THOSE OVER 10 YEARS OR ARE WE STILL GONNA STICK WITH THREE YEARS? OR WHAT, WHAT'S OUR INTENDED GOING FORWARD WITH LIKE VEHICLE PURCHASES WITH SOMETHING AS SMALL AS THE DUMP TRUCK, $150,000, UM, THREE YEARS, THE CASH FLOW, EVERYTHING MADE SENSE FROM A BUSINESS PERSPECTIVE TO BE MORE TOWARDS THE THREE YEARS. UM, I CAN, I CAN BETTER EXPLAIN NEXT TIME WHEN WE COME THROUGH WITH THESE LEASES TO EXPLAIN THE ESTIMATED TERM AT THAT TIME AND HOW WE CAME UP WITH IT. OKAY. CAN I, CAN I JUST, THERE ANY OTHER QUESTIONS? NO, I JUST WANNA A COMMENT FOR THOSE THAT ARE NITPICKING, I KNOW YOU DON'T MEAN IT'S A SMALL AMOUNT OF MONEY, WHICH YOU MEAN IT'S, IT'S A SMALL AMOUNT THAT WE CAN HANDLE THE CASH FLOW. WE ARE VERY AWARE THAT $150,000 IS NOT A SMALL AMOUNT OF MONEY. I KNOW YOU DIDN'T MEAN THAT. I JUST WANNA THANK YOU FOR CLARIFYING. SAY THAT FOR THOSE THAT MIGHT WANT TO BE BEHIND YOUR HEAR THAT I WAS SPEAKING IN RELATIVE TERMS COMPARED TO THE $2 MILLION OF THE METERS, WERE THERE ANY OTHER QUESTIONS ON THIS TRANSACTION? OKAY, [00:25:03] WITH THAT, WERE THERE ANY OTHER QUESTIONS ON THE FINANCIAL REPORT? NO QUESTIONS. CONCERNS FOR SARAH? THANK YOU AND YOUR DEPARTMENT FOR YOUR HARD WORK AND GOING GETTING THOSE NUMBERS PRE ON THE SPOT THIS YEAR. THAT'S AWESOME. THANK YOU. CAN WE GET A, A MOTION FROM COUNCIL FROM COUNCIL OLAND TO APPROVE? MAY I MAKE A MOTION THAT WE RECEIVE AND APPROVE THE FIRST QUARTER FINANCIAL AND INVESTMENT REPORT FOR FISCAL YEAR 2025 INTO DECEMBER 31ST, 2024. SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE. MOTION PASSES. FIVE ZERO. THANK YOU EVERYONE. THANK YOU SARAH. THANK YOU. MOVING ON TO [A. CONSIDER RESOLUTION NO. 2025-R08; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 3B OVER 679.849 ACRES OF LAND. (Consent to the creation of KCWCID No. 3B, Corley Farms)] AGENDA ITEM SIX A 2025 DASH 0 4 3, CONSIDER RESOLUTION NUMBER 2025 DASH R ZERO EIGHT, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURNING TEXAS, CONSENTING TO THE CREATION OF KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER THREE B OVER 679.849 ACRES OF LAND CONSENT TO THE CREATION OF K-C-W-S-C-I-D NUMBER TH THREE B COURTLY FARM PRESENTING. UH, CHRISTY SARK. CHRISTY, UH, GOOD EVENING MAYOR AND COUNSEL, UH, TONIGHT, OH, I'M COMING BEFORE YOU TO DISCUSS THE CREATION OF THE, UH, KENDALL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT, UH, THREE B AND THAT'S ACTUALLY IN THE CORLEY FARMS DEVELOPMENT. UM, THIS IS HOW, UH, THAT THIS ITEM CORRESPONDS WITH OUR STRATEGY MAP. SO JUST A LITTLE HISTORY, UH, BECAUSE THIS HAS BEEN GOING ON FOR A LITTLE WHILE. I KNOW SEVERAL OF YOU WERE ON THE COUNCIL WHEN THIS CAME FORWARD, BUT IT HAS BEEN A FEW DAYS. SO A HISTORY ON HOW THIS, THIS CAME ABOUT IN 2017, UH, THE KENDALL COUNTY WATER CONTROL IMPROVEMENT DISTRICT NUMBER THREE, AND THAT'S THE MASTER DISTRICT, WAS CREATED BY THE 85TH TEXAS LEGISLATURE. AND THAT WAS DONE IN JUNE OF 2017. THEN IN, UH, 2019, UH, THE DISTRICT CAME FORWARD AND THEY CREATED, UH, KENDALL COUNTY, WCID NUMBER THREE, UM, A AND THAT WAS DONE. THAT IS WHAT YOU ALL ARE FAMILIAR WITH, THAT WE HAVE, WE CURRENTLY HAVE A DEVELOPMENT AGREEMENT AND, UH, THAT'S, AND THERE'S HOUSES GOING ON. THERE'S DEVELOPMENT GOING ON. AND THAT IS IN, UH, DISTRICT THREE A. WHAT WE'RE DOING TONIGHT IS CREATING, UH, K-C-W-C-I-D NUMBER THREE B. UH, AND THIS IS, THIS WAS NOTED IN THE ORIGINAL DISTRICT LEGISLATION, UH, THAT WAS DONE IN 2017 AS WELL AS IN THE 2019 DEVELOPMENT AGREEMENT. SO THEY REALIZED THAT THEY WERE GOING TO, FROM THAT MASTER DISTRICT, THAT THEY WOULD EVENTUALLY HAVE TWO SEPARATE DISTRICTS. AND THEY DO THIS SO THAT EACH DISTRICT CAN ISSUE ITS OWN, OWN DEBT AND DO ITS OWN DEVELOPMENT. UM, AND M**K REMINDED ME THAT A LOT OF TIMES A, UM, A, A CONTROL, WATER CONTROL IMPROVEMENT DISTRICT WILL ACTUALLY DEVELOP, UH, PUT THEIR, UM, EXCUSE ME, WILL CREATE THEIR DISTRICTS, UH, WHEN THE LEGISLATION IS CREATED. AND, UM, THIS ONE, UH, AND THAT'S WHAT WAS DONE WITH ESPERANZA. SO YOU REMEMBER, I THINK IN DECEMBER I CAME FORWARD AND WE ACTUALLY ANNEXED SOME LAND INTO, UM, ONE OF THEIR DISTRICTS. THIS IS JUST A LITTLE BIT DIFFERENT IN THAT WE'RE ACTUALLY CREATING THE DISTRICT AND NOTATING THE LAND. UM, I ALSO THOUGHT IT'S, IT'S REALLY IMPORTANT TO UNDERSTAND THAT, UM, THE RESOLUTION THAT WE'RE DOING TONIGHT IS EXACTLY THE SAME, UM, AS WHAT WAS USED WHEN WE DEVELOPED, UM, WHEN IT CAME BEFORE YOU TO DEVELOP, UH, THE WATER CONTROL IMPROVEMENT DISTRICT THREE A AND THAT THERE ALSO IS NO IMMEDIATE DEVELOPMENT PLAN FOR THIS AREA. SO IF THEY MOVE FORWARD AND BEGIN, WANT TO BEGIN DEVELOPMENT IN, UH, AREA THREE B, IT HAS TO COME BACK TO COUNCIL. UM, THERE WOULD BE A DEVELOPMENT AGREEMENT THAT WOULD BE NEGOTIATED BY COUNCIL. SO THIS IS NOT, UM, ALLOWING DEVELOPMENT TO MOVE FORWARD. IT'S ACTUALLY JUST PUTTING, IT'S CREATING THE DISTRICT AND ALLOCATING THE LAND THAT GOES IN THE DISTRICT. SO THIS, UH, IMAGE IS NOT THAT EASY TO SEE. HOWEVER, I WANTED YOU ALL TO NOTE THAT THIS IS EXHIBIT A FROM THE ORIGINAL DEVELOPMENT AGREEMENT. SO YOU CAN SEE THAT THIS PARCEL HERE, IT SHOWS THE LAND THAT WAS, UM, IMAGINED TO BE IN. THAT WAS, THAT WAS DETERMINED TO BE IN THESE, THE, UM, INDIVIDUAL DISTRICTS. SO THIS PIECE HERE, TRACT A AND TRACT B IS WHAT IS CURRENTLY IN, UH, WATER CONTROL IMPROVEMENT DISTRICT THREE A THAT WE HAVE THE DEVELOPMENT AGREEMENT ON. AND THEN WHAT YOU'RE LOOKING AT TO, UH, CREATE THE DISTRICT THIS EVENING IS THIS PARCEL, THIS AREA HERE AND HERE. SO THIS EXHIBIT WAS IN THE ORIGINAL DEVELOPMENT AGREEMENT. SO THIS IS NOT ANY NEW LAND THAT'S BEING BROUGHT FORWARD. THIS WAS LAND THAT WAS DISCUSSED FROM THE BEGINNING. AND WITH THAT, I'M AVAILABLE TO TAKE QUESTIONS. THANKS CHRISTINE. ANY QUESTIONS FOR COUNCIL MEMBERS? [00:30:01] YES, COUNCIL MESO. UM, QUICK HISTORY. UM, THIS WAS APPROVED BY THE STATE LEGISLATURE AT THE REQUEST OF A STATE ELECTED OFFICIAL, NOT BY THE CITY. CITY DOESN'T APPROVE OR OR SEEK W CIDS. SECONDLY, THEY HAD WATER FROM SAWS. MM-HMM . ALTHOUGH IT'S NOT SUPPOSEDLY NOT CANYON LAKE WATER, NOT, IT WAS AQUIFER WATER, I SHOULD SAY. THIRDLY, WE DID DO AN ANNEXATION OF THREE A AND WE DID DO A DEVELOPMENT AGREEMENT ON THE ENTIRE PROCESS AS FAR AS RECOGNIZING THREE A AND THREE B. HOWEVER, THERE IS NO DEVELOPMENT AGREEMENT SPECIFICALLY COVERING THREE B. SO I STILL HAVE QUESTIONS ABOUT THE PROCESS. 'CAUSE AS I UNDERSTAND IT, UNDER STATE LAW, WE HAVE TO RECOGNIZE THE ANNEXATION OF THREE B BEFORE THEY CAN MOVE FORWARD, BUT YET WE HAVE NO OFFICIAL DEVELOPMENT AGREEMENT. WE'VE RECOGNIZED THAT THERE'S A THREE BI UNDERSTAND THAT, BUT WE HAVE AN ANNEX THREE B, WE HAVEN'T ANNEX THREE A EITHER. WELL, BUT I'M SAYING WE HAVEN'T EVEN, UH, WE HAVEN'T EVEN APPROVED THE CREATION OF THREE B. THAT'S WHAT WE'RE DOING HERE. EXACTLY. THAT'S MY POINT. BUT WE HAVE NO AGREEMENT COVERING THREE B. WE HAD AN AGREEMENT COVERING THREE A. YES, SIR. AND SO IF THEY WANT TO MOVE FORWARD WITH DEVELOPMENT, THEY'LL HAVE TO BRING ONE BACK THAT WOULD, THAT WOULD COME BACK. THEY WOULD COME BACK TO US AND REQUEST TO, UH, DO A DEVELOPMENT AGREEMENT WITH COUNSEL. SO YOU ALL WOULD HAVE TO, TO AGREE TO DO THAT AND THEN WORK WITH THEM AND NEGOTIATE. SO THAT WOULD BE, THAT WOULD BE UP TO YOU ALL IS THE LEGAL OBLIGATION BECAUSE OF OUR DA OR PER STATE LAW TO APPROVE THIS, THIS IS STATE LAW AND ALSO FOR THEM TO BE ABLE TO HAVE THEIR WATER RIGHTS WITH, WITH SAS. SO IT'S, IT'S TWOFOLD, BUT IT'S STATE LAW THAT WE, THEY NEED THE STATE LAW THAT THEY NEED THE APPROVAL FROM US. THEY NEED YOUR CONSENT. NOT THAT WE REQUIRED TO GIVE THE CONSENT. JUST WANNA MAKE, I WANNA CLARIFY THAT. YES, THEY NEED YOUR CONSENT. IS THAT CORRECT, M**K? THEY'RE NOT REQUIRED TO GIVE CONSENT TECHNICALLY, HOWEVER, THEY DO HAVE RECOURSE TO SEEK CONSENT FROM THE TCEQ OR THE COURTS. UNDERSTOOD, NOT UNDERSTOOD. AND SO WHETHER IT'S APPROVED OR NOT, THIS IS STILL, IT'S A COUNTY, THIS WOULD BE A COUNTY PROJECT. IT WOULD ONLY, IT WOULD ONLY COME BEFORE US IF IT WAS INSIDE THE ETJ, WHICH I THINK MAJORITY OF THIS PROPERTY IS. BUT THIS IS STILL A COUNTY PROJECT IN KENDALL COUNTY, CORRECT? IT, IT'S IN KENDALL COUNTY. THE LAND IS IN KENDALL COUNTY, BUT IT'S IN OUR ETJ ALSO. SO IF THEY WANT TO DEVELOP THE LAND, THEY'LL HAVE TO COME FORWARD AND REQUEST FROM A DEVELOPMENT AGREEMENT WITH YOU ALL WITH THE CITY. THEY COULDN'T OPT OUT OF THE ETJ. THEY COULD OUTSIDE OF WANTING A DA FOR UTILITIES CURRENTLY. ANYBODY, LORI? I THINK THEY PROBABLY COULD. YES. SO AT THE MOMENT MOMENT. BUT THERE'S ALSO, THAT'S A MOMENT. I KNOW THEY HAVE, THEY HAVE WATER FROM SAWS, BUT THEY NEED US FOR SEWER. CORRECT. SO THERE IS THAT DEAL TO FORCE THEM TO COME OR NOT FORCE 'EM, BUT TO MAKE THEM COME AND TALK TO US WHEN THEY'RE READY TO DEVELOP. WELL, I'M NOT AGAINST IT, I'M JUST REMEMBERING. UM, IT TOOK US THE BETTER PART OF 1218 MONTHS TO RESOLVE THE ISSUES WITH THREE A. SO EVEN IF WE DO THIS TONIGHT, UH, UNLESS SOMETHING'S CHANGED, I'M ANTICIPATING IT'S GONNA BE A SOMEWHAT OF A DISCUSSION ON HOW WE GET TO A DEVELOPMENT AGREEMENT OVER THREE B, WHICH IS IMPORTANT BECAUSE I THINK WHAT THE PUBLIC HAS TO UNDERSTAND IS IN THE PERFECT WORLD, WE WOULD NOT BE DEALING WITH THIS. BUT IT'S NOT A PERFECT WORLD. THE STATE DID THIS TO US. WE'RE TRYING TO MITIGATE IT AS BEST WE CAN. I PREFER US TO PROVIDE THE SEWER AND TO HAVE THEM GO TO TCEQ AND GET ONE OF THESE RIDICULOUS DITCH DISCHARGE PERMITS THAT YOU HEAR PEOPLE RANTING THEM ABOUT ALL THE TIME WHERE WE DON'T KNOW EXACTLY TO WHAT THEY'LL MEET THE MINIMUM STANDARD FOR DISCHARGE. WE GO, WE EXCEED THAT. AND THAT'S WHY I WOULD RATHER HAVE US DO THAT. BUT I JUST WANNA MAKE SURE WE HAVE SOME NEGOTIATING ROOM BECAUSE I KNOW HOW LONG IT TOOK LAST TIME. I'M NOT TRYING TO BE DIFFICULT WITH THEM. I WANNA WORK WITH THEM, BUT JUST WANNA UNDERSTAND WHAT OUR SITUATION IS. WELL, ON TOP OF THIS, ANY OF THE WATER THAT WE GET, A SEPAGE THAT WE GET FROM THIS DEVELOPMENT COMES INTO OUR RECLAIMED WATER SYSTEM. TRUE. AND THAT'S, WE'VE BEEN TOLD THAT SOME OF OUR CHEAPEST WATER WE CAN GET. SO, UH, I DON'T THINK THERE'S A LOT OF POSITIVES FOR POTENTIAL GROWTH OUT THAT DIRECTION WITH IF WE, WE CAN GET THE, THAT SEWER CONNECTION 'CAUSE YEAH, THEY CAN GO, THEY CAN GO TO TC, CAN GET A PACKAGE PLANT PRETTY EASY, RIGHT? IT'S EASY. BUT ANYWAY, WHO KNOWS WHAT HAPPENS IN THE LEGISLATURE TO IMPACT WE UNDER, WE THINK WE UNDERSTAND HOW WE NEED TO ENGAGE ON SOMETHING LIKE THIS. AND, UM, YOU KNOW, FOLKS CAN OPT OUTTA ETJ. THERE'S TALKS ABOUT DIS ANNEXING FROM THE CITY LEGISLATION IN THAT REGARD. AND SO SOMETHING WE'LL, YOU KNOW, HAVE TO MONITOR CAREFULLY AT THE END OF THE DAY, IF THEY WANTED TO HAVE A LOWER DENSITY [00:35:01] AND OR DO A PACKAGE PLAN OR JUST DEVELOP IN THE COUNTY, I GUESS THEY COULD STILL DO THAT UNLESS SAWS HAS SOME TRIGGER. SO MAYBE WE NEED TO LOOK AT THAT. I MEAN, I PREFER TO WORK WITH THEM. I JUST WANNA MAKE SURE THAT THE PUBLIC UNDERSTANDS THAT WE ARE DEALING, WE ARE DEALING WITH THE HAND THAT WE'VE BEEN DEALT BY THE STATE AND WE'RE DOING THE BEST WE CAN TO ADDRESS THIS. UM, SO I MEAN THAT, THAT'S REALLY MY ONLY ISSUE. I WOULD HOPE THAT SINCE WE ALREADY RECOGNIZED IN THE ORIGINAL AGREEMENT THE CREATION OF THREE B, THEY WOULD STILL WANNA WORK WITH US ON A DA. THAT WOULD BE MY HOPE. I DON'T GUESS WE CAN FORCE THAT, BUT I DON'T KNOW IF WE HAVE ANY INDICATION THAT THEY DON'T WANT TO DO THAT. NO, WE DON'T. THERE THERE'S NO INDICATION THAT, THAT THEY DO NOT. OKAY. UM, THERE IS ALSO LEGISLATION, UM, THAT'S BEING BROUGHT FORTH THIS YEAR THAT IF, UM, THAT WOULD AMEND, UH, PROPERTIES BEING ABLE TO, UM, BE REMOVED FROM THE ETJ. I MEAN, IF THEY HAVE A DEVELOPMENT AGREEMENT. AND LORI, WHAT WAS THE OTHER THING? I CAN'T REMEMBER. A DEVELOPMENT AGREEMENT AND ONE OTHER THING. SO IF YOU HAVE A DEVELOPMENT AGREEMENT OR YOU'RE WANTING TO DO ONE, YOU DON'T HAVE THAT OPTION, BUT IT HASN'T BEEN PASSED YET. SO WE'LL SEE HOW THAT GOES. WELL, I ALSO KNOW THAT IT MAY BE PEOPLE DON'T CARE, BUT EVERY TWO YEARS WE'RE DEALING WITH A MOVING TARGET WITH THE LEGISLATURE. AND SO WE'RE, WE'RE CONSTANTLY REACTING TO SOMETHING BASED ON WHAT EXISTED AT THAT MOMENT. AND THEN THE LEGISLATURE CHANGES IT. SO WE'RE TRYING TO, YOU KNOW, THE PEOPLE SAY, WHY'D, WHY'D THE CITY DO THAT? WELL AT THE TIME THAT WAS THE TOOL WE HAD AND THEN THE LEGISLATURE CHANGES THINGS. SO THAT'S ALL I SAID. ENOUGH. THANKS JOHN. AND THERE COMMENTS FROM COUNCIL. WE MAY HAVE A MOTION. MOTION FROM COUNCILMAN SCOTT. MR. MAYOR, I'D LIKE TO MAKE A MOTION THAT WE APPROVE, UH, UH, RESOLUTION NUMBER 2025 R ZERO EIGHT, A RESOLUTION OF THE CITY COUNCIL FOR THE CITY OF BURN TEXAS, CONSENTING TO THE CREATION OF KENDALL COUNTY, UH, WATER CONTROL AND IMPROVEMENT DISTRICT NUMBER THREE B OVER 679.849 ACRES OF LAND CONSENT TO THE CREATION OF WCID NUMBER THREE B CORY FARMS. SECOND FROM COUNCILMAN WILLISON, PLEASE VOTE. NOTION PASSES FIVE ZERO. THANK YOU EVERYONE. THANK YOU CHRISTIE. MOVING ON TO AGENDA ITEM [B. CONSIDER RESOLUTION NO. 2025-R09; A RESOLUTION OF THE CITY OF BOERNE, TEXAS, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACT BETWEEN THE CITY OF BOERNE AND MUSCO SPORTS LIGHTING, LLC FOR SPORTS FIELD LIGHTING FIXTURES AND INSTALLATION SERVICES AT CITY PARK AND NORTHRUP PARK FOR AN AMOUNT NOT TO EXCEED $793,174.] SIX B 20 25 0 4 5, CONSIDER RESOLUTION NUMBER 2025 DASH R ZERO NINE A RESOLUTION OF THE CITY OF BERNIE, TEXAS AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A CONTRACT BETWEEN THE CITY OF BERNIE AND LUSKO SPORTS LIGHTING, LLC FOR SPORTS FIELD LIGHTING FIXTURES AND INSTALLATION SERVICES AT CITY PARK AND NORTHLAND PARK FOR AN AMOUNT NOT TO EXCEED $793,174. PRESENTING, UH, LIZETTE. GOOD EVENING, MAYOR AND CITY COUNCIL. UH, WE'RE HERE TO TALK ABOUT PARK UPGRADES, UH, SPECIFICALLY AT NORTHROP PARK AND CITY PARK. AS THE MAYOR MENTIONED, THIS AGENDA ITEM WILL AUTHORIZE THE CITY TO CONTRACT WITH MUSCOW SPORTING, MUSCOW SPORTS LIGHTING, WHICH ALLOWS THE CITY TO SERVE OUR CUSTOMERS, PROVIDE FINANCIAL STEWARDSHIP AND, UH, ADVANCE OUR MASTER PLANS. ADDITIONALLY, MUSCOW IS A BUYBOARD APPROVED BY BOARD VENDOR. SO A LITTLE, UH, SO WHAT ARE WE GONNA DO? I'LL TELL YOU, UH, AT THIS LIGHTING UPGRADE TO BOTH FIELDS IS PART OF OUR QUALITY OF LIFE BOND. UM, WE WILL BE ADDING FIELD LIGHTS TO NORTHROP, SPECIFICALLY FIELD 11, WHICH IS AN ADULT FIELD AND FIELDS, SOCCER FIELDS ONE, THREE AND FOUR AT CITY PARK. UM, TOTAL PROJECTED COST WITH MATERIALS AND INSTALLATION IS A LITTLE UNDER $800,000. I DO WANNA MAKE NOTE THAT THIS IS ONLY COVERING THE LIGHT UPGRADES. SO THIS IS NOT CONSIDERING THE IRRIGATION OR OTTING OF, OF FIELD 11 AT NORTHROP. SO AGAIN, THIS IS JUST, JUST UPGRADING THE LIGHTS. SO A LITTLE BACKSTORY ON MUSCOW. MUSCOW IS A COMPANY THAT WE CURRENTLY USE AT BOTH PARKS. UM, IT DOES ALLOW US TO GIVE US THE ABILITY TO PRE-SCHEDULE LIGHTS, UM, SCHEDULE REMOTELY OR BY PHONE? BOTH, UH, WELL ALL THREE AFFILIATES CURRENTLY USE MUSCO AS WELL. WHEN I SAY AFFILIATES, OUR YOUTH AFFILIATES, SO BERNIE LITTLE LEAGUE. UM, AND BOTH SOCCER CLUBS. UH, AND MOST IMPORTANTLY THOUGH, THE MOST IMPORTANTLY MUSCULAR LIGHTING WILL MEET OUR CITY STANDARDS FOR DARK SKY REQUIREMENTS. UM, AND THEN THE BIGGEST QUESTION OF WHEN WILL THIS BE WRAPPED UP? WELL, IT'LL BE TOWARDS THE END OF THE SUMMER OF 2025. IF THIS RESOLUTION PASSES, WE WILL MOVE FORWARD WITH ORDERING THE EQUIPMENT THIS WEEK. IT'LL TAKE ROUGHLY TWO MONTHS FOR THAT TO ARRIVE ONCE IT ARRIVES. NORTHROP WILL TAKE ANYWHERE FROM FIVE TO SIX WEEKS TO INSTALL, AND CITY PARK WILL TAKE ANYWHERE FROM SIX TO SEVEN WEEKS TO INSTALL ONLY BECAUSE THERE ARE MORE FIELDS THERE. [00:40:02] ANY QUESTIONS ON THE MUCO LIGHTING COUNCIL? JUST A COUPLE. UM, ON, FOR THE SPORTS FIELDS, WILL THERE BE ANY IMPACT TO ONGOING SPORTS ACTIVITIES? GREAT QUESTION. NO. IS WHAT THEY HAVE TOLD US WHAT THEY AS A MUST GO? NO. UM, SO, AND IF IT DOES, UH, INTERFERE, WE WILL TELL THE SOCCER CLUBS WITH THE MOST ADVANCED NOTICE AS POSSIBLE. IT WON'T AFFECT ANYTHING AT NORTHROP BECAUSE THAT CURRENTLY IS JUST AN OPEN FIELD, UM, USED FOR PRACTICES ONLY. SO THAT WILL BE EASIER TO, TO COORDINATE. AND THEN I KNOW IT WAS ON YOUR SLIDE AND TALKED ABOUT IT, BUT JUST TO REEMPHASIZE THAT THEY ARE A DARK SKY COMPLIANT YES, SIR. VENDOR? YES, SIR. YES. UM, ONCE WE START THIS PROCESS, WE'LL ALSO BE, WE'LL BE APPLYING FOR, FOR, UM, FOR EVERYTHING UNDER THE DARK SKIES. IT IS A PROCESS. ANY COMMENTS FROM COUNCIL? I'LL JUST SAY THAT'S A MUCH NEEDED UPGRADE. IF YOU'VE EVER BEEN OUT THERE COACHING KIDS AT EITHER PARK FOR BASEBALL OR SOCCER OR LATE AT NIGHT, IT GETS PRETTY DARK AND THERE'S DIESEL GENERATED LIGHTS DON'T REALLY WORK EVERY TIME YOU TRY TO TURN THEM ON. SO, YEAH, UH, I THINK THIS IS A MUCH NEEDED IMPROVEMENT FOR OUR CITY PARKS AND FOR OUR COMMUNITY. SO THANKS FOR YOUR HARD WORK ON THIS. CAN I GET A MOTION FROM COUNCILMAN WILLISON? MAY. I'D LIKE TO MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2025 DASH R OH NINE, A RESOLUTION OF THE CITY OF BERNIE, TEXAS, AUTHORIZING THE CITY MAN MANAGER TO ENTER INTO AND MANAGE A CONTRACT BETWEEN THE CITY OF BERNIE AND MUSCOW SPORTS LIGHTING, LLC FOR SPORTS FIELD LIGHTING FIXTURES AND INSTALLATION SERVICES AT CITY PARK IN NORTHROP PARK FOR AN AMOUNT NOT TO EXCEED 793,000 174. SECOND FROM COUNCILMAN MACALUSO, PLEASE VOTE. MOTION PASSES ADVISE YOU. WE THANK YOU EVERYONE. THANK YOU. THE THAT, AND YOUR TEAM FOR YOUR WORK. APPRECIATE IT. MOVING ON TO AGENDA ITEM NUMBER SEVEN, CITY MARRIAGE'S REPORT. BEN, I'LL TURN IT OVER TO YOU. GOT, ACTUALLY, MARY, CAN WE GO TO, THERE'S ANOTHER ITEM SIX C OH MY JOB. MY BAD. SORRY. JUMP IN A GUN. SORRY. I WONDER WHY THOSE THAT WAS STILL STICKING AROUND . ALL RIGHT. SIX C UH, 2025 [C. RECEIVE PUBLIC COMMENTS AND CONSIDER RESOLUTION NO. 2025-R10; A RESOLUTION NAMING THE NEWLY RENOVATED PLAYGROUND AT BOERNE CITY PARK “AMMIE’S PLAYGROUND”.] DASH 0 5 2. RECEIVE PUBLIC COMMENTS AND CONSIDER RESOLUTION NUMBER 2025 DASH R 10 A RESOLUTION. NAMING THE NEWLY RENOVATED PLAYGROUND AT BERNIE CITY PARK. AMY'S PLAYGROUND, UH, PRESENTING LIZETTE JIMENEZ. LIZETTE. HELLO AGAIN. . OH. SO STAFF IS RECOMMENDING TO NAME THE NEWLY RENOVATED PLAYGROUND AT CITY PARK, UH, WHICH WILL SERVE ALL OF OUR CUSTOMERS AND ADD SOME COMMUNITY CHARM. UH, THIS IS A VERY SPECIAL MOMENT FOR CITY OF BERNIE BECAUSE IT'S NOT OFTEN THAT WE HAVE THIS OPPORTUNITY TO NAME A FACILITY OR IN THIS CASE A PLAYGROUND. UH, SO A LITTLE BACKSTORY AND SAY INTO AMMY AND HER FAMILY. UM, SHE WAS LOVELY ADOPTED AT BIRTH, UM, AND DESPITE FACING NUMEROUS HEALTH CHALLENGES, INCLUDING DEVELOPMENTAL AND MUSCULAR ISSUES, AM'S, RESILIENCE, AND THE UNWAVERING DEDICATION OF HER FAMILY AND CAREGIVERS, SHUN THROUGH DOCTORS DIDN'T EXPECT HER TO LIVE BEYOND A FEW MONTHS, BUT WITH ROUND THE CLOCK CARE FROM HER NURSES HOME HEALTH PROFESSIONALS, AND MOST IMPOR IMPORTANTLY, HER DEVOTED FAMILY, SHE DEFIED THE ODDS AND LIVED TO THE AGE OF THREE. THE PIVOTAL MOMENT, UH, TOOK PLACE ABOUT A YEAR BEFORE HER PASSING. EMMY'S MOTHER BRADY TOOK HER AND HER SIBLINGS TO THE PLAYGROUND AT CITY PARK WHILE HER SIBLINGS EAGERLY RAN OFF TO PLAY AMMY US. USING HER MOTORIZED WALKER STRUGGLED TO NAVIGATE THE UNEVEN MULCH, UNABLE TO FOLLOW HER SIBLINGS. SHE BECAME VISIBLY UPSET. DESPITE HER NONVERBAL NATURE. SHE HAD HER OWN WAY OF COMMUNICATING WITH HER FAMILY, AND IT WAS CLEAR SHE WANTED TO JOIN THE FUND. LIKE A GOOD MOTHER. BRADY SEARCHED THE PARK FOR EQUIPMENT THAT COULD ACCOMMODATE HER NEEDS, BUT FOUND NOTHING SUITABLE. DETERMINED NOT TO LET HER DAUGHTER FEEL EXCLUDED. BRADY TOOK A BOLD AND CREATIVE STEP. SHE CAREFULLY PLACED HER YOUNGER SISTER'S CART. SHE CAREFULLY PLACED AM AMMY IN HER YOUNGER SISTER'S CAR SEAT, DETACHED HER FROM HER OXYGEN AND SET HER IN THE TIRE SWING. THE SIMPLE JOY OF SWINGING ALLOWED HER TO FEEL BELONGED INCLUDED, EVEN JUST FOR A MOMENT. SO THAT POWERFUL MOMENT INSPIRED BRADY TO REACH OUT AND ADVOCATE FOR CHANGE. IT SPARKED THE BEGINNING OF THE CAMPAIGN, WHICH WAS LED BY THE BERNIE PARKS ASSOCIATION IN 2024. THE BERNIE PARKS ASSOCIATION RAISED $155,000 FOR THE PLAYGROUND AT CITY PARK. THIS AMOUNT AND THE OVERALL OUTCOME AND PURPOSE OF THIS CAMPAIGN ALIGNED WITH OUR CRITERIA FOR NAMING, UH, THE PLAYGROUND AM'S PLAYGROUND AT CITY PARK. ALL RIGHT, THANK YOU, LIZETTE. ANY QUESTIONS? COMMENT FROM COUNCIL. COUNCIL MACALUSO? UM, [00:45:01] NO, NO, JUST NO. MAYOR, I'M SORRY. WE NEED A PUBLIC COMMENT. OH, YEAH, YEAH. MY BEST. I'M GETTING THERE. ALL RIGHT. WE WILL, UH, CLOSE GENERAL SESSION AND GO INTO OPEN PUBLIC HEARINGS MEETINGS AT 6:44 PM WOULD ANYONE LIKE TO COME FORWARD AND SPEAK? PLEASE COME TO THE PODIUM AND YOUR THREE MINUTES WILL BEGIN. WHEN YOU NAME YOUR STATE OR NAME YOUR NAME AND ADDRESS. ALRIGHT, NOTE TAKERS. WE WILL CLOSE THE PUBLIC HEARING AT 6:45 PM OFFICIALLY GOING BACK INTO OPEN SESSION, UM, AT 6:45 PM UM, BEFORE WE HAVE A MOTION, I DON'T, I THINK THIS IS A NO BRAINER. UM, THIS IS A WONDERFUL THING FOR OUR COMMUNITY. UH, I SO, SO HAPPY WE'RE DOING SOMETHING LIKE THIS. SO, CAN I GET A MOTION TO APPROVE COUNCILMAN MACALUSO? MAYOR, I MOVE TO APPROVE RESOLUTION NUMBER 2025 DASH R 10 RESOLUTION, NAMING THE NEWLY RENOVATED PLAYGROUND AT BERNIE CITY PARK. AMY'S PLAYGROUND. SECOND FROM COUNCILMAN BUNKER. PLEASE VOTE. THAT MOTION PASSES. FIVE ZERO. THANK YOU, ETTE. THANK YOU. GOT COUNSEL. MAYOR, I ALSO WANT TO SAY ONE THING ABOUT THIS. 'CAUSE I LIKE THIS. THIS IS A PUBLIC PRIVATE PARTNERSHIP. THIS IS A CITIZEN WHO MOTIVATED A GROUP ALONG WITH THE, THE CITY STAFF TO RAISE PRIVATE FUNDS IN THE CITY. I MEAN, IT REALLY, THAT'S THE KIND OF STUFF THAT WE NEED DONE MORE AND MORE OF. ABSOLUTELY. WE ON TO AGENDA ITEM [A. BOERNE LISTENS - A COMMUNITY SURVEY FOLLOW-UP] NUMBER SEVEN. NOW, THE CITY MANAGER REPORT. BEN, I'LL TURN IT OVER TO YOU, MAYOR AND CITY COUNCIL. I'M REALLY EXCITED TO, UH, PRESENT THIS ITEM FOR YOU TONIGHT UNDER MY CITY MANAGER'S REPORT. YOU GUYS ARE FAMILIAR WITH THE SECOND MEETING OF EVERY MONTH. I GIVE YOU A PROJECT STATUS UPDATE. UH, THIS YEAR I'D LIKE TO DO, UH, SOMETHING THAT WE'RE GOING TO, UH, TERM OR, UH, BERNIE LISTENS A COMMUNITY SURVEY FOLLOW. WE JUST HAD OUR COMMUNITY SURVEY, UH, INTO THE LAST YEAR. I PRESENTED THAT TO YOU A COUPLE WEEKS AGO IN OUR WINTER WORKSHOP. UM, AND I THINK WHAT WE'RE GONNA DO IS EACH MONTH WE'RE GONNA IDENTIFY A CERTAIN ASPECT OF THAT SURVEY. WE'RE ALL ADDRESS IT DURING THIS, UH, PORTION OF THE MEETING. UM, I HAVE STAFF COME UP AND TALK ABOUT CERTAIN THINGS THAT WE HEAR. WE GOT RECEIVED A LOT OF VERBATIM COMMENTS, AND SO I JUST WANTED TO INTRODUCE THIS NEW KIND OF CAMPAIGN FOR THIS, UH, CALENDAR YEAR. IT'S GONNA BE OUR BERNIE LISTENS CAMPAIGN UNDER MY REPORT. BUT FOR TONIGHT, I THOUGHT I WOULD JUST KIND OF DO A QUICK OVERVIEW OF THE SURVEY FOR THOSE THAT MAYBE DIDN'T KNOW THAT WE TALKED ABOUT THIS AT THE WINTER WORKSHOP. LET EVERYONE KNOW WHERE WE CAN, WHERE THEY CAN FIND OUT MORE INFORMATION ABOUT IT. UH, YOU CAN LOG ON TO THE CITY'S WEBSITE. YOU CAN GOOGLE, UH, BERNIE COMMUNITY SURVEY, AND YOU'LL COME TO A PAGE THAT SHOWS THIS SURVEY AS WELL AS THE PRIOR TWO SURVEYS. WE DO THIS EVERY TWO YEARS. IT'S A BIANNUAL SURVEY, AND WE CONDUCTED THIS, UH, AT THE END OF LAST YEAR. WE HAD JUST UNDER 1600, UH, SURVEY PARTICIPANTS WITH ABOUT 75% OF THOSE RESPONSES BEING CITY RESIDENTS. AND THEN ANOTHER 25 BEING NON-RESIDENTS OUTSIDE IN THE COUNTY. UH, THE SURVEY, LIKE ALL OF OUR SURVEYS IN THE PAST, MEASURE ALL KINDS OF QUALITY OF LIFE, UH, ISSUES. UM, WHAT ARE THE THINGS THAT ARE MOST IMPORTANT TO OUR, OUR RESIDENTS AND OUR VISITORS AND OUR BUSINESS OWNERS BEING A PART OF THE BURNING COMMUNITY? WHERE DO WE NEED TO FOCUS OUR TIME AND ATTENTION AND, AND MOST IMPORTANTLY, OUR BUDGET AND RESOURCE ALLOCATION. NEXT, I JUST WANNA, UH, POINT OUT TO THOSE WATCHING THAT WE ACTUALLY SURVEY, UH, BY COUNCIL DISTRICT. WE HAVE FIVE COUNCIL DISTRICTS. YOU SEE THOSE REGIONS ONE THROUGH FIVE. IT'S IMPORTANT FOR YOU TO UNDERSTAND THE PULSE OF YOUR DISTRICT AS WELL AS NEW. WHAT WAS NEW THIS YEAR IS WE TRIED TO UNDERSTAND KIND OF THE PER PERCEPTION OF DIFFERENT ASPECTS OF THE COUNTY. SO WHAT IS KIND OF SOUTH OF BERNIE KIND OF FAIR OAKS AREA? WE HAVE A LOT OF FOLKS IN FAIR OAKS THAT HAVE A BERNIE MAILING ADDRESS THAT CONTACT US FREQUENTLY TO GIVE US, UH, THEIR, UM, OPINIONS AND CONCERNS ABOUT WHAT'S GOING ON IN TOWN. OF COURSE, YOU SEE, UH, DISTRICT EIGHT THAT REALLY ISN'T A DISTRICT OTHER THAN WE CREATED THAT CATEGORY FOR THIS SURVEY THAT'S BASICALLY WEST OF I 10. AND THEN NINE IS BASICALLY NORTH OF 46 AND EAST OF I 10, UH, GOING OUT THAT WAY. AND THEN YOU CAN SEE THE PERCENTAGE, UH, UH, PARTICIPATION BY EACH AREA. NEXT. ONE OF THE THINGS WE ASK IN EACH SURVEY IS, WOULD, WOULD YOU REFER A FRIEND TO COME LIVE IN BERNIE? AND WE, WE GET THIS REFER A FRIEND SCORE OF 59, AND YOU CAN SEE HOW THAT'S BROKEN UP ON A, ON A 10 POINT SCALE. UM, IF, IF YOU GO TO THE NEXT, UH, SLIDE HERE, YOU CAN SEE HOW THAT COMPARES TO THE PRIOR SURVEY IN 23. WE TOOK THE, THE SURVEY IN 2023 IN JANUARY AND THEN DECEMBER OF 24. SO IT'S ALMOST A I AN EXACT TWO YEAR, UH, TIME GAP IN BETWEEN. BUT YOU CAN SEE WHERE WE IMPROVED IN THAT, IN THOSE AREAS. NEXT WE ALSO ASK HOW DO WE COMPARE TO OTHER CITIES AROUND US? AND THIS IS WHERE WE SAW A HUGE CHANGE FROM THE LAST SURVEY. YOU CAN SEE THE MUCH BETTER SCORE MOVING FROM 33% IN 2023 TO 49%. YOU CAN SEE THE MUCH WORSE DROPPING FROM 6% IN THE PRIOR SURVEY TO 2%. THIS [00:50:01] SURVEY, YOU GUYS ARE WELL AWARE. WE COMMUNICATE THIS SURVEY INTERNALLY ALL THE TIME WHEN WE TALK ABOUT OUR WORK, ANNUAL WORK PLANS, OUR BUDGET, UH, RESOURCES THAT WE ASK, UH, FOR YOUR APPROVAL ON. WE ARE TOTALLY TRYING TO DRIVE IMPROVEMENT IN ALL THESE AREAS THAT WE'RE MEASURING WITH THIS COMMUNITY SURVEY. NEXT, YOU CAN SEE THOSE TWO SCORES, THE REFER A FRIEND SCORE. ON THE LEFT, YOU CAN SEE THE LAST TWO, THREE SURVEYS, THE 24, THE 23 AND 21. YOU CAN SEE HOW WE'VE GRADUALLY GOTTEN BETTER. YOU CAN SEE HOW WE COMPARE TO OTHER COMMUNITIES THAT THIS, UH, SURVEY CONSULTANT ALSO USES THIS SAME TOOL WITH, WITH CITIES ACROSS, UH, ACROSS THE COUNTRY, A LOT OF TEXAS CITIES, SOME EAST TEXAS CITIES, SOME, UH, MOUNTAIN WEST CITIES. YOU CAN SEE WE'RE KIND OF IN THE MIDDLE THERE, KIND OF LOWER MIDDLE. UH, ONE OF THE THINGS THAT I'VE SHARED WITH YOU IS THE CONSULTANTS TOLD US THOSE CITIES AT THE TOP OF THAT ARE TYPICALLY ALL BUILT OUT. THE CITIES AT THE BOTTOM OF THAT LIST ARE, ARE IN GROWTH MODE CITIES. AND SO THAT'S WHERE WE SEE A LOT OF FRICTION, A LOT OF CONTENTION, A LOT OF, UH, OPPOSING VIEWS ON ALL ANY TYPES OF TOPICS. AND YOU SEE THAT IN OUR COMMUNITY SURVEY, WHETHER IT'S HOUSING, WHETHER IT'S GROWTH AND DENSITY, WHETHER IT'S WATER, DOWNTOWN PARKING, WHAT TYPE OF BUSINESSES WE SHOULD HAVE. YOU, YOU CAN SEE, UH, YOU KNOW, WE'RE KIND OF 50 50 IN THE MIDDLE ON A LOT OF VIEWS. WE UPSET A LOT OF PEOPLE ON ONE ANGLE, AND THEN THE OTHER SIDE IS NOT HAPPY FOR THE OPPOSING VIEW. AND, AND SO THAT'S JUST A CONSTANT, UH, UH, CHARACTERISTIC WE SEE IN IN THE SERVICES WE PROVIDE ON THE RIGHT THOUGH. AND OUR CONSULTANT POINTED THIS OUT, HE, HE THOUGHT THIS WAS SPECTACULAR. THAT BECAUSE OF WHERE WE'RE AT IN THE GROWTH MODE OF OUR COMMUNITY, WHEN YOU COMPARE US TO OTHER CITIES, WE'RE AT THE TOP, ALMOST THE TOP JUST BEHIND ONE OF THE COMMUNITY THAT THEY SURVEY WITH THAT SCORE, WHICH TELLS ME WE'RE, YOU KNOW, WE'RE STRUGGLING TO REALLY FIND WHERE NOT STRUGGLING. WE UNDERSTAND THAT OUR C COMMUNITY AND THOSE OUTSIDE OUR CITY, UH, HAVE VARYING VIEWS, BUT THEY ALSO CAN APPRECIATE THAT WE'RE TRYING TO HOLD ONTO SOMETHING VERY UNIQUE. AND THAT, AND THE SPECIALNESS OF BERNIE, WHETHER, WHETHER IT'S THE SCHOOL DISTRICT, THE SMALL TOWN, PHIL, UM, THE UNIQUENESS OF OUR HILL COUNTRY, UH, HERITAGE AND HISTORY, UM, THAT THEY DO SEE US, UH, STANDING OUT AS OPPOSED TO THE COMMUNITIES AROUND US. NEXT, WE WON'T GO OVER ALL THE, UM, ASPECTS, BUT WE PUT IT IN FOUR DIFFERENT QUADRANTS, FOUR OR FIVE DIFFERENT QUADRANTS OF, OKAY, TELL US ABOUT MOBILITY AND INFRASTRUCTURE. TELL US ABOUT GROWTH AND DEVELOPMENT. TELL US ABOUT CITY AMENITIES. CITY CITY BENEFITS. AND WE ASK THEM TO RATE, UH, WHAT ARE MOST IMPORTANT TO THEM, AND THEN WHAT IS THEIR DISSATISFACTION? THIS IS THE LIST OF THE TOP 20 OF ALL THOSE THINGS THAT GOT RATED IN THE SURVEY. UM, THERE'S SEVERAL MORE THAN THAT ARE NOT, UH, SHOWN HERE ON THIS SLIDE THAT, THAT THE PARTICIPANTS HAD AN OPPORTUNITY TO RATE. AND SO THE TOP FIVE ARE THE THINGS THAT WE TYPICALLY SEE IN EACH OF THE LAST, UH, SEVERAL SURVEYS. THIS IS A GOOD ROADMAP. I I POINT THIS OUT TO THE LEADERSHIP TEAM. THIS SHOULD BE, UH, FRONT AND CENTER AS WE, UH, PLAN FOR OUR NEXT YEAR'S BUDGET. AS WE PLAN OUR STRATEGIES ON WHAT WE'RE GONNA DO WITH OUR SERVICES, HOW ARE WE GONNA MOVE THE NEEDLE ON IMPROVING THESE SCORES? AND SO YOU CAN SEE, UM, EVEN THERE, THAT SMALL TOWN FIELD, 21% THAT'S IN THE TOP FIVE, 21% SAID THAT WAS IMPORTANT. BUT YOU CAN SEE 43% SAID WE'RE DOING FAIRLY WELL THERE. OF COURSE, ANYTHING THAT HAS A HIGH SCORE, HIGH DISSATISFACTION SCORE, WE IMMEDIATELY WANNA START LOOKING, UM, AT HOW TO MOVE THE NEEDLE IN A, IN A BETTER WAY. AND SOME OF THOSE WE HAVE, AND WE'RE NOT GONNA POINT IT OUT HERE, BUT ANY OF THOSE WATCHING CAN GO ON THE CITY'S DASHBOARD. AND THEY CAN SEE HISTORICALLY HOW IT COMPARES FROM THE CURRENT SURVEY TO THE LAST. IF THEY WANT, YOU CAN SEE THOSE DEMO FILTERS ON THE RIGHT. THEY CAN JUST LOOK AT DISTRICT TWO AND LOOK AT THOSE SCORES AND THEY CAN COMPARE 'EM TO DISTRICT ONE OR THEY CAN COMPARE 'EM TO THE NON-RESIDENTS OUTSIDE THE CITY VERSUS THE CITY RESIDENT'S PERSPECTIVE ON THINGS. IT'S A VERY POWERFUL TOOL THAT HELPS US, UH, DO, UH, SOME VERY STRONG PLANNING. NEXT. ONE OF THE OTHER THINGS THAT WAS NEW THIS YEAR, WE ASKED ABOUT MOBILITY AND INFRASTRUCTURE AND WE, AND, UH, THEY RATED SEVERAL THINGS ABOUT MOBILITY. WE KNOW MOBILITY IS AN ISSUE. WE HEAR ABOUT IT A LOT. YOU HEAR IT ABOUT IT A LOT. AND SO WE ASKED ONE QUESTION, AND THIS WAS A FIRST TIME QUESTION IN, IN THIS SURVEY, WHAT IS THE SINGLE MOST IMPORTANT MOBILITY IMPROVEMENT YOU BELIEVE THE CITY NEEDS NEXT? AND SO WE GOT 43% OF THAT 1600 PARTICIPANTS GAVE US SOME SORT OF MOBILITY RELATED COMMENT. AND EACH OF THOSE COMMENTS THEN GOT KIND OF SORTED IN THESE TYPE OF CATEGORIES. SO AGAIN, VERY POWERFUL INFORMATION FOR US TO SIT DOWN, ANALYZE IN OUR, UH, IN JEFF CARROLL'S DEPARTMENT, STREETS AND ENGINEERING, TALK ABOUT IN A PLANNING DEPARTMENT, TALK ABOUT IT WITH THE POLICE DEPARTMENT. SOME OF THESE THINGS IMPACT HOW POLICE MANAGES. UH, WELL NOT MANAGE THE TRAFFIC CONGESTION, BUT HOW THEY ENFORCE TRAFFIC MANAGEMENT. WE CAN ALSO SIT DOWN WITH FAIR OAKS, THE KENDALL COUNTY COMMISSIONER'S COURT TDOT AND SHARE THE SAME, UH, FEEDBACK. AND WE'VE ALREADY DONE THAT. NEXT, WE, WE HAVE JUST BASIC CITY SERVICES TOO. WE WANNA UNDERSTAND HOW WE'RE DOING IN GARBAGE RECYCLING. WE JUST UPDATED [00:55:01] THAT CONTRACT WITH WASTE MANAGEMENT. YOU CAN SEE THEY FARED VERY, VERY WELL WITH IT. UM, 89% VERY GOOD OR GOOD OR, OKAY, SO A SEMI POSITIVE, UH, RATING THERE. NEXT WE ALSO ASK THEM A SIMILAR QUESTION. SO THERE'S TWO OPEN-ENDED QUESTIONS WHERE THEY COULD GIVE US ANY VERBATIM COMMENTS THEY'D LIKE. AND WE JUST ASK, IS THERE ANYTHING ELSE YOU'D LIKE TO TELL CITY COUNCIL OR CITY STAFF? AND, UH, AGAIN, 43% OF THOSE PARTICIPANTS GAVE US SOME SORT OF COMMENT AND THEY ARE CATEGORIZED IN THESE LEVELS THERE, IN THESE CATEGORIES THERE. ANYONE WHO IS INTERACTING WITH THIS DASHBOARD CAN GO AND CLICK ON THOSE CATEGORIES AND ACTUALLY SEE THE VERBATIM COMMENTS AND, AND SORT SORT THROUGH 'EM. WE CAN PULL 'EM OUT. AND AGAIN, AS I SAID, GOING FORWARD AT THE BEGINNING OF EACH MONTH OF COUNCIL MEETING, WE WILL PICK ONE OF THESE TOPICS AND WE'LL ACTUALLY DIVE INTO THE SPECIFIC COMMENTS AND WE'LL TALK ABOUT THEM. NEXT. HERE'S JUST A, UH, REPRESENTATION OF LOOKING AT THOSE CATEGORIES FOR THE TREE CATEGORY, THOSE COMMENTS. NEXT, ANOTHER NEW ASPECT TO THIS SURVEY IS I WANTED TO GET A BETTER UNDERSTANDING OF HOW PEOPLE VIEW THE TOWNS FROM AN APPEARANCE AND BEAUTIFICATION STANDPOINT, AND CAN SEE WHAT, UH, HOW THAT WAS VIEWED FROM AN IMPORTANCE AND THE SATISFACTION. VERY HIGH SATISFACTION OF MARKS ON THE, ON, ON THIS AREA. NEXT, WE HAVE ALWAYS ASKED THIS QUESTION IN THE LAST SEVERAL SURVEYS. AND SO WE ASKED IT AGAIN, IF WE WERE TO INVEST IN SOME NEW INITIATIVES, NEW THINGS, WHAT WOULD YOU SUPPORT US, UH, PUTTING RESOURCES TOWARDS? AND UH, THE NUMBER ONE COMMENT, WHICH WAS THE NUMBER ONE COMMENT LAST TIME, I BELIEVE EVEN THE TIME BEFORE, WAS NEW ROADS IN AND OUT OF TOWN, PLEASE WORK WITH TEXDOT AND KENDALL COUNTY TO GET US NEW ROADS IN AND OUT OF TOWN. AND WHEN YOU LOOKED AT IT FROM THE NON-RESIDENTS IN THE COUNTY, THEY, THAT WAS EVEN A HIGHER MARK THAN THAN THE CITY RESIDENTS. I THINK THE CITY RESIDENTS, UM, ARE, WERE MORE FRUSTRATED WITH THE CONGESTION AROUND INTERSECTIONS. I THINK THE COUNTY RESIDENTS WANNA BE ABLE TO GET TO I 10 AND BYPASS THE CITY AND NOT HAVE TO GO THROUGH ALL THOSE INTERSECTIONS. THEN YOU CAN SEE THE OTHER ASPECTS THERE FROM CEMETERY EXPANSION TO PLAYGROUNDS, BALL FIELDS, AND SO FORTH. NEXT, ANOTHER NEW ASPECT OF THIS SURVEY IS WE ASKED, OKAY, OUT OF ALL THE GOVERNING ENTITIES THAT, THAT YOU AS A CONSTITUENT OR A RESIDENT HAVE TO DEAL WITH OVERALL, HOW WOULD YOU RATE THE QUALITY OF SERVICE EACH ONE OF US PROVIDE? AND YOU CAN SEE THAT THE CITY OF BURN, UM, UH, IS JUST 78%, YOU KNOW, VERY GOOD OR GOOD, UH, SATISFACTION WITH ALL THE SERVICES WE PROVIDE. SO I REALLY PROUD OF MY TEAM, MANY OF WHO ARE HERE. I APPRECIATE THEIR EFFORTS AND BEING FOCUSED ON THAT WITH THEIR EMPLOYEES, WITH THE SERVICES THEY PROVIDE, MAKE SURE THEY DO THAT WITH GOOD CUSTOMER SERVICE AND, UH, GREAT SATISFACTION. NO SURPRISE, I THINK TO ANY OF US, BOTH THE SCHOOL DISTRICT AND KENO COUNTY DID WELL TOO. YOU CAN SEE AS YOU GO UP HIGHER IN THE RANKS OF THE LEVELS OF GOVERNMENT, THE DISSATISFACTION NEXT. SO AGAIN, YOU CAN GO TO, UH, WE GOT A WHOLE PAGE ON OUR WEBSITE FOR COMMUNITY SURVEYS. YOU CAN ACCESS ALL THREE OF THEM. YOU CAN COMPARE, UH, WE DO TAKE THIS LISTENING CAMPAIGN VERY SERIOUSLY. THERE'S A LOT OF INFORMATION OUT THERE THAT FOLKS DON'T HAVE, THAT WE HAVE, THAT WE, WE CAN SEE IN THE SURVEY THAT WE NEED TO SHARE, DO A BETTER JOB SHARING ABOUT, THERE'S A LOT OF MISINFORMATION ABOUT, UH, WHO THE CITY OF BERNIE REALLY IS. WHAT OUR BOUNDARIES ARE, WHAT OUR RESPONSIBILITIES ARE. WE AIM TO KIND OF, UH, ACCURATELY PORTRAY THAT AS WELL. OTHER THAN THAT, UH, THAT'S ALL I HAVE. ANY QUESTIONS? NO QUESTIONS FOR BEN. ANY COMMENTS? THAT SLIDE YOU POINTED OUT WITH THE SELECTED COMMENTS? I COULDN'T HELP BUT SMILE ABOUT ALL THE TREES BEING CUT IN MI LOMAS MI LOMAS IS NOT IN THE CITY OF BURN. WE HAVE NOTHING. WE DON'T HAVE ANY CONTROL OVER IT. ANY INPUT? ZERO. BUT IT'S TYPICAL OF WHAT WE ALL HEAR EVERY DAY. IT'S LIKE, OKAY, I AGREE WITH YOU, BUT ANYTHING ABOUT IT. ALRIGHT, THANKS BEN. THANKS. ALRIGHT, MOVING ON TO AGENDA ON NUMBER EIGHT. [8. COMMENTS FROM COUNCIL – No discussion or action may take place.] UH, COMMENTS FROM COUNCIL. ANY COMMENTS FROM COUNCIL TONIGHT? MR. LISTEN, OF COURSE. I GOT ONE AND I KNOW WE CAN'T DISCUSS, BUT M**K, I JUST HAVE A QUESTION OR AT LEAST YOU CAN CONFIRM. IS IT TRUE THAT SOMEONE WHO WANTS TO APPEAL A CITY COUNCIL VESTING RIGHT, CAN GO TO THE DISTRICT COURT AND APPEAL THAT? UH, IN THEORY. IN THEORY. UH, IF IT'S AN ARBITRARY AND CAPRICIOUS DECISION. OKAY. THAT'S WHAT THEY'D HAVE TO SHOW. GOT IT. UM, JUST WANNA MAKE THAT CLEAR. THERE IS A PATH FOR PEOPLE WHO WANT TO DO THAT. UM, AND THEN STATE LEGISLATURE, ONE OF THE BILLS THAT'S GOING THROUGH ON, UH, CITY BONDS, THEY WANNA MAKE IT SO IT WOULD HAVE TO BE 70% PLUS TO PASS. SO IT JUST, AGAIN, I KNOW STAFF IS KEEPING AN EYE ON THAT, BUT AS JOE MENTIONED THIS, THE, UH, BULLSEYE KEEPS MOVING CLOSER AND CLOSER TO CITIES. I KNOW WE CAN'T DISCUSS, BUT THAT'S A BIG ONE. 'CAUSE I'D BE CURIOUS IF EVERYONE WAS HAVING TO GET ELECTED BY 70 TO 30, HOW THAT WOULD GO AT THE STATE LEVEL AS WELL. I JUST LET YOU KNOW, WE DO HAVE A LEGISLATIVE [01:00:01] REPORT COMING AT A FUTURE MEETING. JUST THEY'RE OUT THERE. I'M NOT DISCUSSING. I'M POINTING OUT THAT IN YOUR PRESENTATION OF THE PUBLIC SURVEY, THE NUMBER ONE ISSUE, AL ALMOST ACROSS THE BOARD, IT RELATES TO INFRASTRUCTURE AND MUCH OF THE INFRASTRUCTURE THAT'S NEEDED REQUIRES BOND ISSUES. THAT'S JUST A FACT. ANY OTHER QUESTIONS FOR COMMENTS? NOPE. ALRIGHT. WE WILL MOVE INTO [9. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:] EXECUTIVE SESSION, UH, TO DISCUSS AGENDA NUMBER, ITEM NUMBER NINE, A 2025 DASH 0 5 5, SECTION 5 5 1 0 7 1. CONSULTATION WITH THE CITY ATTORNEY FOR BESTED RIGHTS AT OFFICIALLY 7:00 PM THANK YOU EVERYONE. . ALRIGHT. [10. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.] ENTERING OPEN SESSION AGAIN AT 7:22 PM IF THERE IS NO OTHER COMMENTS OR ANYTHING LIKE THAT, WE ARE GOING TO ADJOURN, UH, AT 7:22 PM THANK YOU EVERYONE. HAVE A GOOD EVENING. ENJOY THE RAIN, KEEP RAINING. * 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.