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[00:00:04]

WELCOME

[1. CALL TO ORDER – 6:00 PM]

EVERYONE.

THIS IS OFFICIALLY JUNE 10TH AT 6:00 PM TO THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF BURN TEXAS.

UM, WOULD YOU PLEASE, I'D LIKE YOU TO, I'D LIKE TO INVITE, UH, PASTOR STUDENT PASTOR PEARSON SINA FORWARD.

THIS IS AN INDICATION.

EVENING PEARSON, THANK YOU FOR COMING.

THANK YOU.

UM, WOULD Y'ALL BOW YOUR HEADS WITH ME? FATHER, THANK YOU SO MUCH FOR, UM, THE GIFT OF YOUR PRESENCE, LORD, THAT YOU ARE IN ALL PLACES AT ALL TIMES AND OVER ALL THINGS.

GOD, I THANK YOU SO MUCH FOR THE WORKERS HERE, FOR THE CITY OF BERNIE, GOD, THAT THEY GET TO BE STEWARDS OF YOU AND YOUR LAND.

UM, GOD.

AND I'M JUST GRATEFUL FOR THAT.

SO I PRAY OVER TODAY.

GOD, I PRAY FOR EVERYONE IN THIS ROOM.

I PRAY ULTIMATELY FOR PEACE HERE THROUGH YOUR PRESENCE.

GOD AND I THANK YOU THAT YOU'VE OFFERED US PEACE WITH YOU, THE RELATIONSHIP WITH YOU THROUGH YOUR SON, GOD AND I I JUST PRAY TODAY OVER EVERYONE HERE IN THIS ROOM.

I PRAY THAT WE WOULD SEEK YOUR WISDOM AND WHAT IS TRUE FOR YOU, GOD.

UM, AND YOU SAY THAT WHEN WE ASK YOU FOR WISDOM, THEN YOU'RE FAITHFUL TO GIVE IT TO US.

GOD, WE ASK THAT YOU WOULD GIVE US YOUR WISDOM FOR US TO RUN, UM, AFTER YOU AND, AND ULTIMATELY GUIDE THE CITY IN A, IN A DIRECTION THAT IS LEANING TOWARDS YOUR KINGDOM.

GOD, THE KINGDOM THAT IS TO COME.

BUT, BUT LORD, WE'RE GRATEFUL FOR EVERYONE HERE TODAY.

UM, GOD AND I JUST PRAY THAT, UH, FOR ALL OF US HERE, LORD, THAT WE WOULD GET TO REFLECT ON OUR LIVES AND, AND ULTIMATELY, LORD, TRUST THAT YOU, JESUS, ARE THE FAITHFUL ONE WHO CAME FOR US, UM, AND DIED SO THAT WE CAN EXPERIENCE GENUINE TRUE LIFE WITH YOU GOD.

AND THAT IS OUR HOPE.

OUR HOPE IS NOT, AND GOVERNMENT, OUR HOPE IS NOT.

AND ANYTHING OTHER THAN YOU, UM, GOD, WOULD WE PLACE OUR HOPE IN YOU TONIGHT? WE LOVE YOU.

IT'S IN YOUR NAME WE PRAY.

AMEN.

AMEN.

THANK YOU.

THANK PEARSON.

WOULD YOU JOIN ME IN THE PLEDGE ALLEGIANCE AND INTO THE TEXAS FLAG? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA TO THE REPUBLIC WHICH STANDS ONE NATION UNDER GOD IN VISIBLE WITH LIBERTY AND JUSTICE.

JUSTICE FOR ALL HONOR THE TEXAS FLAG.

I PLEDGE ALLEGIANCE, CITY OF TEXAS ONE.

SUSTAINED UNDER GOD, ONE AND INDIVIDUAL.

THANK YOU.

YOU MAY BE SEATED.

MOVING

[2. CONFLICTS OF INTEREST]

ON TO AGENDA ITEM NUMBER TWO, CONFLICTS OF INTEREST.

COUNCIL MEMBERS.

ARE THERE ANY CONFLICTS OF INTEREST? NO CONFLICTS OF INTEREST.

I WILL MAKE A NOTE THAT COUNCILMAN BUNKER IS OUT, NOT HE'S NOT FEELING WELL OR RECOVERING FROM SURGERY.

I BELIEVE SO.

WE WISH HIM WELL.

GOOD HEALTH.

UH, MOVING ON, ON TO AGENDA

[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)]

ITEM NUMBER THREE, PUBLIC COMMENTS.

UM, I BELIEVE NO ONE HAS ALREADY SIGNED UP, BUT IF SOMEONE HAS COME IN LATE SINCE THE MEETING HAS STARTED, YOU CAN COME FORWARD TO THE PODIUM.

STATE YOUR NAME AND YOUR ADDRESS, AND YOU DON'T HAVE THREE MINUTES TO SPEAK YOUR MIND.

UM, WOULD ANYONE LIKE TO COME FORWARD AND SPEAK FOR PUBLIC COMMENTS AT THIS TIME? ALL RIGHT, NO TAKE, NO PUBLIC COMMENTS THIS EVENING.

COUNCIL

[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.]

MEMBERS, WE'LL MOVE ON TO CONSENT.

AGENDA ITEM NUMBER FOUR A AND FOUR B.

DO WE HAVE ANY QUESTIONS OR CONCERNS ABOUT, UH, CONSENT AGENDA? IF NO QUESTIONS OR CONCERNS, CAN I GET A MOTION FROM COUNCILMAN MACALUSO? MAY I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED A SECOND FROM COUNCILMAN SCOTT, PLEASE VOTE.

CONSENT.

AGENDA PASSES FOUR ZERO.

THANK YOU EVERYONE.

MOVING ON

[5. PRESENTATIONS, PUBLIC HEARINGS, AND ORDINANCES:]

[A. PRESENTATION ON BUDGET CONSIDERATIONS, PROCESS, AND CALENDAR.]

TO OUR REGULAR CITY AGENDA.

AGENDA ITEM NUMBER FIVE, A 2025 DASH 2 65 PRESENTATION ON BUDGET CONSIDERATIONS PROCESS AND CALENDAR REPRESENTATIVE SARAH BUCKER, LUCERA.

GOOD EVENING.

TONIGHT'S PRESENTATION IS JUST A BRIEF OVERVIEW OF WHERE WE ARE IN THE BUDGET PROCESS, AND I DO WANNA THANK YOU ALL, MAYOR AND COUNCIL ON BEHALF OF STAFF.

EVERY SINGLE ONE OF YOU CAME DURING THE MONTH OF MAY AND MET WITH US TO GO OVER THE, UH, CONTENT THAT WE'RE ABOUT TO GO OVER IN THIS PRESENTATION.

AND WE JUST, I KNOW ON BEHALF FOR MYSELF ON AND ALL THE STAFF THAT WERE INVOLVED, WE THOUGHT IT WAS A REALLY HELPFUL CONVERSATION.

AND THANK YOU FOR YOUR TIME.

THIS, UM, THIS PRESENTATION WON'T BE NEW TO YOU ALL.

THIS IS BASICALLY THE SAME CONTENT, BUT WE WANTED TO PROVIDE IT PUBLICLY.

OF COURSE, I LIKE DURING THE BUDGET PROCESS TO BE ABLE TO CIRCLE THE WHOLE STRATEGY MAP BECAUSE THE BUDGET HITS EVERY SINGLE ONE OF OUR COMPONENTS OF THE STRATEGY MAP.

WE'LL JUST GO OVER, UH, BRIEFLY WHERE WE ARE IN THE BUDGET PROCESS AND SOME OF THE KEY ECONOMIC FACTORS THAT WE KNOW ARE GONNA IMPACT THE UPCOMING BUDGET.

THIS IS A TIMELINE OF WHAT ALL WE'VE ACCOMPLISHED SO FAR WITH REGARDS TO THIS BUDGET PROCESS STARTING BACK NOVEMBER OF LAST YEAR, WHERE WE STARTED OUR PLANNING PROCESS.

WE HAVE ALREADY HAD A WINTER WORKSHOP IN FEBRUARY.

ALL OPERATIONAL BUDGETS HAVE BEEN SUBMITTED

[00:05:01]

BY DEPARTMENTS AS WELL AS THEIR SUPPLEMENTAL REQUESTS.

I DID MENTION THAT WE HAVE HAD, UH, COUNCIL MEETINGS ALREADY WITH YOU.

AND, UH, TONIGHT IS THE FIRST OF MANY STATUS UPDATES TO COME.

SO FROM NOW, ALL THE WAY UNTIL SEPTEMBER 9TH, EVERY SINGLE, UM, AGENDA WILL HAVE AT LEAST ONE BUDGET ITEM.

SO IT'S GONNA BE A FUN SUMMER FILLED WITH BUDGET AND NUMBERS.

LOTS OF GOOD THINGS TO COME.

AS I MENTIONED, OUR PRELIMINARY BUDGETS HAVE BEEN SUBMITTED.

CAPITAL PROJECTS ARE IN REVIEW.

ALL THE SUPPLEMENTAL REQUESTS ARE BEING REVIEWED RIGHT NOW OVER THE NEXT MONTH AND A HALF.

THE CITY MANAGER'S OFFICE IS REALLY GONNA BE VETTING CAPITAL PROJECTS.

PRIORITIZATION IS GONNA BE THE KEY.

THESE ARE OUR NINE BUDGET GUIDING PRINCIPLES, AND I REVIEW THEM EVERY YEAR.

UM, THEY ARE A FOUNDATIONAL PIECE OF OUR BUDGET PROCESS, AND THEY HAVE REALLY SERVED US WELL OVER THE LAST SEVERAL YEARS, STARTING OUT WITH STRATEGIC ALIGNMENT AND MASTER PLAN IMPLEMENTATION.

WHAT WE MEAN IS WHEN WE'RE GOING THROUGH THE BUDGET PROCESS AND WE HAVE LARGE PROJECTS THAT ARE BRING BEING BROUGHT FORWARD, WE REALLY WANNA MAKE SURE THAT THOSE PROJECTS ARE ALIGNED WITH OUR STRATEGY MAP OR MASTER PLANS THAT THEY'RE ON, ON THE PATH TO THE PATH THAT WE'RE ALREADY HEADED.

AS A CITY, WE ALWAYS MAKE SURE IN OUR BUDGET PROCESS THAT WE ARE VERY MINDFUL OF MANAGING GROWTH, UM, MAKING SURE THAT WE KEEP OUR TAX RATES STEADY OR EVEN REDUCING IT.

BUT AT THE MEANTIME, KEEPING IN MIND THAT WE ARE A GROWING CITY AND WE HAVE TO KEEP IN MIND OPERATIONAL IMPACTS AND WATCHING ANY GROWTH, THE BUDGET PROCESS.

UM, YOU'RE ONLY, ALTHOUGH YOU'RE ONLY ACTUALLY APPROVING ONE YEAR OF OPERATIONS, WE ALWAYS CONSIDER FUTURE YEARS IMPACTS OF THE DECISIONS THAT WE'RE MAKING TODAY.

SPECIFICALLY STRUCTURAL BALANCE.

UNLIKE THE FEDERAL GOVERNMENT, WE ARE REQUIRED TO HAVE A BALANCED BUDGET.

SO CURRENT REVENUES ALWAYS FUND THE OPERATING EXPENSES.

WE DON'T USE FUND BALANCE TO FUND OPERATION EXPENSES, AND WE DON'T USE DEBT TO FUND OPERATIONAL EXPENSES.

OPTIMUM FUND BALANCE, WE MAINTAIN, UM, SIX MONTHS AND OUR MAJOR FUNDS THREE MONTHS IN OUR MINOR FUNDS, AND THAT HELPS US MAINTAIN A HIGH CREDIT RATING.

AND THEN OF COURSE, LASTLY, BUT CERTAINLY NOT LEAST, WE ALWAYS AIM TO BE AN EMPLOYER OF CHOICE.

THIS YEAR'S SIX KEY PRIORITIES IN OUR BUDGET ARE THE SAME AS LAST YEAR.

WE'RE GONNA STAY ON TRACK.

UH, WE'RE GONNA CONTINUE TO MANAGE INFLATIONARY COST INCREASES.

WE WANNA MAINTAIN OUR EMPLOYER OF CHOICE STATUS.

WE'RE GONNA CONTINUE, UH, PUSHING FORWARD THOSE CAPITAL PROJECTS BOTH IN OUR MASTER PLANS, OUR BOND PROJECTS, AND EVERYTHING ELSE THAT'S ON OUR CIP.

AND OF COURSE, WE ARE CONTINUING TO TARGET TAX RELIEF AS PART OF OUR BUDGET PRACTICE.

JUST A KEY OVERVIEW, UM, HOW THE BUDGET PROCESS WORKS.

OUR DEPARTMENTS SUBMIT THEIR OPERATIONAL BUDGETS, AND WE WERE VERY RIGOROUS THIS YEAR WITH THEIR OPERATIONAL BUDGETS.

WE GAVE THEM A BASELINE, WHICH WAS ESSENTIALLY THEIR LAST YEAR'S BUDGET, MINUS ANY ONE ONE-TIME EXPENSES LAST YEAR.

SO WE SAID YOU CAN'T GO OVER THIS AMOUNT FOR YOUR OPERATIONAL BUDGET.

ANYTHING ELSE THEY WERE REQUIRED TO SUBMIT AS A SUPPLEMENTAL REQUEST.

THEY THEN HAD TO MAKE A PRESENTATION IN FRONT OF ALL THE OTHER DIRECTORS TO JUSTIFY WHY THAT SUPPLEMENTAL REQUEST WAS A PRIORITY.

SO, OF COURSE, WE HAVE WAY MORE REQUESTS THAN WE'RE GONNA POSSIBLY FUND, BUT THIS IS WHERE WE ARE RIGHT NOW.

THESE ARE ALL THE REQUESTS THAT HAVE BEEN SUBMITTED.

UM, AND THE, THAT IS WHAT'S IN THE CITY MANAGER'S OFFICE RIGHT NOW FOR PRIORITIZATION.

COLA, OF COURSE, IS SOMETHING THAT WE, UM, CONSIDER EVERY YEAR AS PART OF THE BUDGET BY POLICY.

IT'S BASED ON THE COST OF LIVING ADJUSTMENT INDEX OR EMPLOYEE COST INDEX JUNE 30TH.

SO RIGHT NOW WHAT WE HAVE IS THAT INDEX AS OF MARCH, WHICH IS 3.6%.

SO ALTHOUGH WE DON'T HAVE THE JUNE PERCENTAGE YET FOR OUR BUDGET, WE KNOW THAT IT'S ABOUT 3.6% BENEFITS OVERALL.

UM, NATIONWIDE ARE ABOUT 3.8%.

OTHER INDICATORS THAT WE KNOW, WE HAVE RECEIVED A PRELIMINARY ROLE, WHICH OF COURSE WE'RE GONNA HAVE A LOT MORE MOVEMENT ON THAT FROM NOW UNTIL JULY 25TH WHEN THE FINAL RULES COME OUT.

LOOKING AT IT YEAR OVER YEAR, RIGHT NOW MARKET VALUES ARE UP SIX, EXEMPTIONS ARE DOWN SIX, WHICH MEANS TAXABLE VALUES ARE UP 10 NEW TAXABLE VALUE TO THE ROLL.

SO NEW PROPERTIES IS 113 MILLION SALES TAX DATA.

THERE'S NOT YET ENOUGH DATA FOR US TO RUN THE MODEL WITH OUR CONSULTANTS, BUT WE'RE GONNA BE WORKING ON THAT SHORTLY.

AND INTEREST REVENUE, I ANTICIPATE, WILL BE LOWER THAN THIS YEAR BECAUSE WE ANTICIPATE INTEREST RATES TO BE DECREASING.

THIS IS JUST A GRAPH TO SHOW WHERE WE ARE RIGHT NOW WITH INTEREST RATES, BUT, UM, ALL INDICATIONS ARE THAT IS GONNA CONTINUE TO DECREASE.

OUR NEXT DISCUSSION IS WHAT YOU CAN EXPECT

[00:10:01]

NEXT.

KENDALL APPRAISAL DISTRICT WILL BE COMING BEFORE YOU TO MAKE A PRESENTATION ON THEIR ANNUAL BUDGET JUNE 24TH, AND THEY'LL NEED YOUR APPROVAL OF THAT BECAUSE WE DO HAVE A SEAT ON THEIR BOARD.

AND THEN FOLLOWING THAT, OUR NEXT WORKSHOP WILL BE ON CAPITAL IMPROVEMENT PROJECTS.

ANY QUESTIONS? ANY QUESTIONS FOR COUNCIL MEMBERS? NO.

THANK YOU.

SARAH.

CAN I GET A MOTION TO RECEIVE? UH, THIS IS, IT WAS JUST A PRESENTATION, NO MOTION NECESSARY.

IT SAYS ON MY SHEET TO GET A MOTION .

[B. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING, AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-07; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW A DRIVE-THRU IN THE C2 - TRANSITIONAL COMMERCIAL ZONING DISTRICT WITHIN THE SOBO - SOUTH BOERNE OVERLAY DISTRICT AT COMMON OF MENGER UNIT 11, LOT 11A, GENERALLY LOCATED NEAR THE NORTHEAST CORNER OF GALLANT FOX AND HERFF ROAD; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (At the request of Boerne Commons, Ltd.)]

MOVING ON TO AGENDA ITEM FIVE B 2025 DASH 2 24.

RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION.

HOLD A PUBLIC HEARING AND CONSIDER THE FIRST READING ORDINANCE NUMBER 2025 DASH ZERO SEVEN IN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BURN UNIFIED DEVELOPMENT CODE BY AMENDING CHAPTER THREE, ZONING SECTION 3.2 ZONING MAP GRANTING A SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH IN THE C THROUGH TRANSITIONAL COMMERCIAL ZONING DISTRICT WITHIN THE SOBO SOUTH BURNING OVERLAY DISTRICT AT COMMON OF MENGER, UNIT 11, LOT 11 A GENERALLY LOCATED NEAR THE NORTHEAST CORNER OF GALLUP, FOX AND HERF ROAD, REPEALING ALL ORDINANCES IN CONFLICT CONTAINING THE SEVERANCE CLAUSE AND DECLARING AN EFFECTIVE DATE PRESENTING NATHAN CRANE.

NATHAN.

THANK YOU MAYOR.

UH, MEMBERS OF THE COUNCIL.

HAPPY TO BE HERE, UH, THIS EVENING.

UH, AS MENTIONED, THIS IS A REQUEST FOR A SPECIAL USE PERMIT FOR A DRIVE THROUGH.

UH, THIS IS HOW WE, UH, VIEW THIS APPLICATION AS IT RELATES TO OUR BERNIE STRATEGY MAP.

UH, THE SITE IS GENERALLY LOCATED AT THE NORTHEAST CORNER OF GALLANT FOX, WHICH IS THIS, UH, CUL-DE-SAC HERE LEADS TO THE APARTMENT COMPLEX.

UH, THIS IS HERBS VETERINARIAN, IF YOU'RE FAMILIAR WITH THAT.

AND HERF ROAD, WHICH IS THIS ROAD RIGHT HERE, OLD SAN ANTONIO IS HERE.

UH, THE SIZE OF THE PROPERTY IS, IS ABOUT ONE ACRE.

OUR FUTURE LAND USE MAP DESIGNATE THE AREA AS AUTO ORIENTED COMMERCIAL.

UH, IT DOES HAVE TWO ZONING, HAS OUR ZONING OVERLAY OF SOUTH BURNING OVERLAY DISTRICT.

UH, BUT THE UNDERLINED ZONING IS C TWO OR TRANSITIONAL COMMERCIAL ZONING DISTRICT IN THE C TWO DISTRICT AND THE SOBA OVERLAY DISTRICT, UH, DRIVE-THROUGHS ARE PERMITTED THROUGH APPROVAL OF A SPECIAL USE PERMIT.

UH, THIS MAP SHOWS OUR ENVIRONMENTAL CONSTRAINTS.

UH, HOWEVER, UH, WHILE THIS SHOWS, UH, FLOOD PLAIN, HOWEVER, THERE'S BEEN A LETTER OF MAP MAP PROVISION APPLIED FOR AND PROCESSED THAT BRINGS THE AREA OUT OF THAT.

SO, UH, THIS HAS BEEN ADDRESSED.

UH, THE MASTER DEVELOPMENT PLAN WAS APPROVED BY THE PLANNING AND ZONING COMMISSION IN 2018.

UH, IT INCLUDES, UH, THE AREA FROM, UH, OLD SAN ANTONIO, UH, CROSSED, UH, MAINE AND TO MAINE.

UH, THESE ARE LOTS ON THIS, IT'S LOT SHOWN AS LOT SEVEN.

UH, THIS ONE IS THE BERNIE ER, IF YOU'RE FAMILIAR, UH, WITH THAT PROJECT THAT'S GOING IN.

UH, AND THIS ONE BE, WILL BE, UH, A FUTURE RETAIL SITE.

WE'LL SHOW YOU WHAT THAT LOOKS LIKE IN A SECOND.

UH, SOME HISTORY ON, UH, ON THE DRIVEWAYS, UH, THAT RECEIVED A LOT OF QUESTIONS AT THE PLANNING AND ZONING COMMISSION.

UH, REMEMBER, IN TEXAS, UH, AS LONG PROJECTS ARE CURRENT AND, UH, MEET THE OTHER STANDARDS, UH, WE CALL IT VESTING PROJECTS ARE ABLE TO APPLY, UH, REGULATIONS THAT EXISTED AT THE TIME THE PROJECT BEGAN.

UH, IN THIS CASE, THIS BEGAN IN 2009.

AT THAT TIME, THE DRIVEWAY WOULD NOT HAVE BEEN PERMITTED.

IN, UH, 2018, THE PLANNING ZONING COMMISSION APPROVED, UH, THIS MASTER PLAN, UH, DEVELOPMENT PLAN THAT I SHOWED YOU, IN WHICH IT SHOWED A PROPOSED DRIVEWAY, UH, APPROXIMATE LOCATION THAT WE'RE, UH, DISCUSSING.

UH, IN 2022, THE UNIFIED DEVELOPMENT CODE, UH, WAS AMENDED TO ALLOW DRIVEWAYS, UH, ON ARTERIAL STREETS, UH, WITH A RAISED MEDIAN AT ONE PER EVERY 250 FEET OF SEPARATION.

AND, AND THAT, UH, EXISTED UNTIL AUGUST OF 2024, UH, WHERE IT WAS, AGAIN, AMENDED BY THE COUNCIL TO INCREASE THE SEPARATION FROM 252 400 FEET.

YOU'LL NOTICE THE CONSTRUCTION PLANS WERE SUBMITTED IN AUGUST OF SEVEN, IN AUGUST OF 2024, ACTUALLY A LITTLE BIT PRIOR TO THAT.

UH, SO THEY WOULD COMPLY WITH OUR 2022 REGULATIONS FOR SEPARATION.

UH, THIS IS THE SITE PLAN.

YOU CAN SEE THE FUTURE RETAIL THAT I MENTIONED HERE.

THIS IS A CUL-DE-SAC THAT'LL BE CONSTRUCTED WITH UNIT NINE.

AS I UNDERSTAND IT, YOU SEE HERF ROAD.

UH, THE BUILDING IS 6,300 SQUARE FEET, INCLUDES TWO TENANTS.

UH, ONE IS COFFEE, OTHERWISE KNOWN AS STARBUCKS, UH, AND A RETAIL, UH, CENTER HERE ABOUT 3,900 SQUARE FEET.

THE HOURS OF OPERATION

[00:15:01]

FOR STARBUCKS IS FIVE TO NINE, SEVEN DAYS A WEEK.

ACCESS TO THE SITE IS PROVIDED THROUGH THE, UH, RIDE IN RIGHT OUT DRIVEWAY ON HERF ROAD.

AND TWO FUTURE, UH, CONNECTIONS, ONE TO GALLANT FOX.

THIS IS THE BIRDIE ER.

UH, WE'RE REVIEWING PLANS RIGHT NOW THAT I MENTIONED, AND ANOTHER FUTURE CONNECTION TO THE, TO THE CUL-DE-SAC TO BE, UH, CONSTRUCTED.

THE, UH, AS PART OF OUR REVIEW PROCESS, WE HELD A NEIGHBORHOOD DISCUSSION.

UH, WE HAD THREE, UH, ATTENDEES.

UH, WE ALSO DID PUBLIC NOTIFICATION IN OUR, UH, LOCAL NEWSPAPER, UH, SURROUNDING RADIUS NOTIFICATIONS AND SO FORTH.

UH, WE HAVE NOT RECEIVED ANY RESPONSE FROM OUR NOTIFICATIONS.

UH, ON JUNE 2ND, THE PLANNING ZONING COMMISSION, UH, VOTED TO, UH, VOTED TO RECOMMEND APPROVAL, UH, SUBJECT TO FOUR STIPULATIONS.

ONE IS THAT PRIOR TO C CERTIFICATE OF OCCUPANCY FOR THIS BUILDING, THAT EITHER THIS CONNECTION TO GALLUP COMPLETED OR THE CONNECTION TO THE NEW, UH, CUL-DE-SAC ON THIS SIDE IS COMPLETED WITH THAT CUL-DE-SAC BEING CONSTRUCTED.

UH, THE SECOND ONE WAS, UH, A THIRD PARTY TRAFFIC STUDY DISCUSSING THE NEED, UH, FOR DECELERATION LANE ON HERF ROAD, UH, ADDING SOME DIRECTIONAL SIGNAGE, UH, THROUGHOUT THE SITE TO HELP GUIDE, UH, USERS TO THE DRIVE THROUGH AND WHERE QUEUING WOULD BE.

AND FINALLY, UH, HAVING LANDSCAPING MEETING OUR UDC REQUIREMENTS.

UH, WITH THAT, UH, THE APPLICANT'S HERE, I'D BE HAPPY TO ANSWER, UH, QUESTIONS THAT YOU HAVE, UH, FOR THIS PROJECT.

ANY QUESTIONS OR CONCERNS FROM COUNCIL MEMBERS? WANT ME TO GO? SURE.

COUNCIL, MICHAELA, MAYBE YOU, WHILE , NATHAN, I'VE SPOKEN TO YOU ABOUT THIS, I HAVE A WHOLE LIST OF CONCERNS.

FIRST OF ALL, P AND Z WAS FAR FROM UNANIMOUS, NUMBER ONE.

NUMBER TWO, THEY LISTED AS YOU JUST POINTED OUT, A WHOLE SERIES OF CONDITIONS.

NUMBER THREE, YOU IN YOUR FORMER SLOT, IF YOU GO BACK, YOU SHOW THAT THERE ARE FOUR CUL-DE-SACS ANTICIPATED FOR THIS AREA WITH ONLY PROPOSALS FOR RIGHT IN, RIGHT, RIGHT OUT.

THE PROBLEM I HAVE IS THAT THIS ROAD WAS DESIGNED AS BOTH A COMMERCIAL VENUE AREA, BUT PRIMARILY AS A TRAFFIC THROUGHWAY THOROUGHFARE.

WHILE IT MAY NOT BE AN ISSUE TODAY, WE ALREADY HAVE A STOPLIGHT AT OLD SAN ANTONIO.

WE HAVE ONE AT MAIN STREET.

IF YOU BUILD THIS OUT TO FRUITION OVER THE NEXT 10 YEARS OR WHATEVER, YOU'RE GONNA HAVE TRAFFIC LIGHTS AT EACH ONE OF THOSE CUL-DE-SACS.

AND IF YOU ADD FOUR RIGHT IN RIGHT OUTS, YOU MAY END TO PUT TRAFFIC LIGHTS AT THOSE TWO.

THE TRAFFIC MOVEMENT WILL BE IMPEDED DRAMATICALLY, AND THAT PURPOSE FOR THAT ROAD WILL BE DRAMATICALLY REDUCED.

UM, ADDITIONALLY, THIS AREA, HISTORICALLY, IF YOU GO BACK TO PREVIOUS COUNCILS, UM, AND NINA REFERRED TO THIS WHEN SHE WAS TELLING THE COUNCIL, RIGHTLY OR WRONGLY, WHETHER WE AGREE OR DISAGREE, PREVIOUS COUNCILS VIEWED THIS AS A LIVE WORK PLAY AREA, AREA THAT PEOPLE COULD ACTUALLY BE WALKABLE WHILE STILL MAINTAINING THE TRAFFIC FLOW.

AND THE WAY YOU DID THAT WAS BY HAVING EVERYTHING CONNECTED THROUGH THOSE CUL-DE-SACS.

JUST AS HERB'S, VETERINARY CLINIC IS CONNECTED THROUGH THE CUL-DE-SACS.

I WOULD ALSO POINT OUT THAT WE HAVE DENIED THESE THINGS BEFORE HERPS REQUESTED A DIRECT ACCESS TO HERF ROAD.

WE DENIED THAT FOR THIS VERY REASON.

WE HAVE A FACILITY BY 17 HEAR F THAT REQUESTED A DIRECT ACCESS FOR A T PLACE WITH A DRIVE-THROUGH.

WE DENIED THAT BLACK RIFLE ON MAIN STREET REQUESTED A, UH, UH, DRIVE-THROUGH.

AND WE DENIED THAT FOR THE SAME REASON, TRAFFIC CONCERNS.

SO WE HAVE A HISTORY OF DENYING THESE TYPES OF THINGS.

THE FACT THAT IT'S AN SUP MEANS IT'S NOT GUARANTEED THEY HAVE NO RIGHT TO A DRIVE THROUGH.

THEY DON'T.

SO THE COUNCIL IS NOT UNDER OBLIGATION TO GIVE THEM A DRIVE THROUGH.

FURTHERMORE, UM, ONE SECOND.

WHAT WE, WE HEARD ABOUT PERMEABLE PAVEMENT.

WHAT ARE THE OTHER WATER CONSIDERATIONS? BUT HAS ANYONE APPROACHED THEM ABOUT WATER IN TERMS OF RAINWATER CATCHMENT, IN TERMS OF HVAC, CONDENSATE, RECAPTURE, ET CETERA? EVERYTHING WE DO GOING FORWARD HAS TO, COMMERCIAL OR OTHERWISE, AT LEAST HAS TO ASK THOSE QUESTIONS AND GET SOME RESPONSE.

SO OBVIOUSLY THEY'VE CONSIDERED SOME THINGS WITH PERMEABLE PAVING, BUT HAVE THEY CONSIDERED THOSE? 'CAUSE HVAC RECAPTURE IS BY FAR THE MOST SIGNIFICANT IN TERMS OF WATER CONSERVATION.

YES.

I'LL, I'LL LET THE APPLICANT RESPOND TO THAT.

'CAUSE SUV'S JUST FOCUSED ON THE DRIVE THROUGH ITSELF.

THAT'S WHY WE DIDN'T ADDRESS THAT WITH THIS.

WELL, I UNDERSTAND THAT, BUT THE SUP IS SOMETHING YES, SIR.

THAT WE DO NOT HAVE TO GIVE.

AND SO IF I'M GONNA BE ASKED TO GIVE A DRIVE-THROUGH, I NEED TO LOOK AT THE ENTIRE PICTURE OF HOW THAT IS PLAYED OUT.

I'LL LET THEM, AND UNTIL ALL THOSE THINGS ARE ADDRESSED BY THIS COUNCIL, I HAVE A, I HAVE PROBLEMS MAKING A FINAL DECISION TONIGHT, PARTICULARLY IN LIEU OF THE FOUR ITEMS YOU PRESENTED FROM

[00:20:01]

P AND Z THAT THEY GAVE A FOUR TO TWO VOTE WITH STIPULATION.

OKAY.

PASTOR .

YEAH.

FIRST, UM, JUST COMMENT IS I THINK IT'S IMPORTANT THAT I, THE STARBUCKS PART ISN'T AS IMPORTANT.

I DON'T THINK IT'S UP TO US TO DICTATE WHO DECIDES TO DE DEVELOP A PIECE OF A PROJECT, RIGHT.

NO, I'M, I'M NOT TALKING ABOUT THAT.

I KNOW YOU'RE NOT.

I THINK WE'RE HERE TO DETERMINE IF WE WANT A DRIVE THROUGH.

SO I THINK THAT'S IMPORTANT.

THERE'S BEEN A LOT OF CHATTER LIKE WE NEED TO LET LOCAL BUSINESSES IN.

I THINK THAT'S A TOTAL SIDE ISSUE.

IF A LOCAL BUSINESS WANTED TO BE THERE, THEY SHOULD HAVE BOUGHT THE PROPERTY AND DONE IT.

UM, SO WE'RE HERE TO DISCUSS, NATHAN, AS YOU POINTED OUT, WHETHER WE WANT TO DRIVE THROUGH.

UM, YOU KNOW, IN MY UNDERSTANDING SINCE I'VE BEEN ON ON COUNCIL IS THAT'S, AS JOE POINTED OUT, THE WHOLE IDEA OF SOBO WAS THIS WALKABILITY.

UM, I THINK IT'S A DANGEROUS SLOPE WITH, YOU START PUTTING IN DRIVE-THROUGHS AND WHAT YOU SAID WAS GONNA BE WALKABLE.

WELL, THAT KIND OF GETS RID OF THE WHOLE PURPOSE.

WE HAVE, I THINK, A GOOD LAYOUT FOR WHAT COULD BE.

AND I THINK WE HAVE RULES IN PLACE THAT CAN HELP DICTATE THEN WHAT IS GOING TO BE THERE TO HELP ACHIEVE THAT.

WE GOT THE APARTMENT COMPLEX, THE HERPS.

UM, SO THAT DEFINITELY CONCERNS ME.

NATHAN, IS, UH, IS THERE AN HTO GOING IN ACROSS THE STREET? YES.

YES, SIR.

IS THAT, IS THAT GONNA HAVE A DRIVE-THROUGH? IT WILL.

THAT'S BECAUSE IT WAS VESTED.

UH, THAT'S BECAUSE THE PREVIOUS STAFF MADE A DECISION, UH, TO ALLOW THE, UH, DRIVE THROUGH BASED ON THE TRANSITION BETWEEN UDC AND, UH, THE ZONING AT THAT TIME.

SO, AND THIS IS ROUGHLY ACROSS THE STREET, RIGHT? YEAH, UH, RIGHT HERE.

SO I RECALL CORRECTLY, AGAIN, GOES BACK TO MY POINT IS THAT NOW WE THEN WE'D HAVE TWO DRIVE-THROUGHS DIRECTLY ACROSS FROM EACH OTHER IN AN AREA WE SAID WAS SUPPOSED TO BE THIS WORK, WALK PLAY.

SO, UM, IN ADDITION TO THE TRAFFIC CONCERNS THAT OUR HEAR FI MEAN HEAR F RIGHT NOW IS, IS OUR WAY AROUND TOWN.

AS JEFF CARROLL POINTED OUT A COUPLE MEETINGS AGO, THE CAPACITY FOR WHAT HF IS CURRENTLY TAKING IS WAY OVER WHAT WE THOUGHT IT WOULD BE YEARS BEFORE WE THOUGHT IT WOULD BE.

UM, YEAH.

AND THEN FINALLY, I AGAIN, JUST GO, I APPRECIATE THAT THIS WOULD, I'M WOULD PROBABLY BE A GREAT SUCCESS.

I THINK IT WOULD BE STACKED UP.

I THINK THERE'D BE TONS OF PEOPLE, BUT I THINK THAT ALSO CREATES THE ISSUE THAT WE'RE HERE TO DISCUSS.

UM, I DON'T, I THINK THAT THE STACKED CARS WOULD CREATE AN ISSUE, UM, REGARDLESS OF LIKE RIGHT HERE, I THINK WHEN THIS IS FULLY DEVELOPED, THERE'S GONNA BE TRAFFIC ISSUES THERE.

AGAIN, NOT THAT I'M A TRAFFIC ENGINEER.

I CAN, MAYBE CHERYL COULD COME UP AND, AND, UM, DO BETTER THAN I COULD, BUT, UM, IN MY OPINION, US TAKING ON A DRIVE THROUGH IN AN AREA THAT WE DID A COMMUNITY PROJECT TO SAY IT WAS GOING TO BE A WORK WALK PLAY, WOULD NOT BE DOING JUSTICE TO WHAT SOBO COULD AND SHOULD BE.

ALRIGHT, THANK YOU.

COUNCILMAN WILSON.

ANY OTHER COUNCIL MEMBERS? COUNCILMAN MAYMAN? UM, YEAH, I THINK THE HISTORY OF WORK, WALK PLAY IS RELEVANT.

I'VE TALKED TO FOLKS THAT WERE HERE PRIOR TO HER BEING PUT IN, RIGHT? AND IT WAS TO CONNECT NORTH AND SOUTH.

AND SO I UNDERSTOOD THAT AND I UNDERSTOOD THERE WAS SOME CONVERSATIONS AROUND COMMERCIAL DEVELOPMENT AT SOME POINT.

UM, NOT WITH A DRIVE THROUGH, BUT TO YOUR POINT WITH THE MR. MACUSA, WITH THE UM, UH, CUL-DE-SACS AND THE INTENT OF THAT DEFINITELY ADDS A NEW LAYER TO CONSIDER HERE.

UM, I ALSO AGREE, I DON'T THINK THE SPECIFIC BUSINESS IS NECESSARILY RELEVANT.

I DO HAVE SOME CONCERNS OF THE POTENTIAL TRAFFIC BACKUP, RIGHT? I THINK IT'S, UM, EVEN MORE OF A CONCERN IF THERE'S GONNA BE A DRIVE THROUGH ACROSS THE STREET.

SO I THINK THAT IN ITSELF COULD CAUSE A PROBLEM.

I DON'T THINK THE CAR'S NECESSARILY BACKING UP 11 DEEP.

I WENT THIS MORNING.

IT'S NOT A GREAT, UM, SAMPLE SIZE, BUT ANECDOTALLY, I WENT AND WATCHED 45 MINUTES AT THE STARBUCKS WE HAVE IN TOWN ALREADY.

UM, EVERYBODY TELLS ME WHAT A, WHAT A PAIN IT IS.

I GOT THERE AT 6 45.

I WAS THE THIRD CARD IN LINE.

TOOK ABOUT 10 MINUTES FOR ME TO GET SERVED, GOT TO ABOUT SEVEN CARS.

UM, I GOT SERVED.

AND WHEN I WENT AND WATCHED FOR ANOTHER HALF HOUR, THE LINE NEVER GOT MORE THAN SIX CARS.

I STAYED TILL SEVEN 30.

UM, AND THEN THE CAR TRANSITION WAS ABOUT EVERY TWO MINUTES AFTER THAT FIRST 10 MINUTE DELAY.

AND I'VE SEEN A LOT OF PLACES IN TOWN THAT HAVE DRIVE-THROUGH PROBLEMS. WE KNOW SOME OF THEM RIGHT FAST FOOD RESTAURANTS.

UM, AND I'VE SEEN PLACES THAT HAVE REMEDIED THAT BY HAVING STAFF THAT ARE WILLING TO GO OUT TO A PARKING SPOT.

THERE'S APPS THAT CAN BE DEVELOPED.

SO I THINK THERE'S SOME PLACES THAT WE CAN SOLVE SOME OF THAT SPILLOVER INTO THE STREET, IF THAT WAS THE BIGGEST CONCERN.

BUT I THINK THE LARGER CONCERN IS WHAT YOU BROUGHT UP ORIGINALLY, WHICH IS THE WORK, WALK, AND PLAY, AND THEN THE, THE DUAL DRIVE-THROUGHS ON BOTH SIDES.

ANYONE ELSE? LAST POINT, , UM, ON THE STIPULATIONS, I SAW THERE WAS A TRAFFIC STUDY ON THAT.

IF WE WERE TO PROCEED ON THAT, THAT TRAFFIC

[00:25:01]

STUDY, I PRESUME WOULD BE DONE DURING NON-SCHOOL TIME IN THE MIDDLE OF THE SUMMER.

UH, WE USE, UH, HISTORICAL DATA.

CHERYL CAN TALK SOME MORE, BUT WE USE, SO IT WOULDN'T BE A NEW TRAFFIC STUDY, IT'D JUST, WE TRY TO USE THE MOST ACCURATE THAT WE HAVE.

CORRECT.

OKAY.

CHERYL? YEAH, AGAIN, COUNCILORS, I MEAN, COUNCILMAN SCOTT.

I MEAN, I'LL JUST GIVE MY 2 CENTS.

I HAVEN'T MADE A DRIVE THROUGH, I DON'T LIKE, BUT LEMME JUST PUT A POINT OUT THAT ONE DOWNTOWN WAS TOTALLY DIFFERENT.

I THAT, YOU KNOW, IT WAS, UH, THIS IS A DIFFERENT BEAST.

THE, THE SAME WITH THE, THE OTHER ONE ON HER F UH, THE T PLACE.

THAT WAS, I, I THINK THERE WAS RESTRICTIONS IN PLACE THAT THAT WAS SPECIFICALLY IDENTIFIED THAT.

SO ANYWAY, I, I DON'T KNOW.

I DON'T DRAW THE CONNECTIONS THERE.

I I DON'T KNOW THAT THIS IS INAPPROPRIATE, UH, A PLACE FOR A DRIVE THROUGH.

UM, I GO BACK TO SUVS.

I JUST LIKE, THIS IS SO DISCONCERTING FOR A BUSINESS OWNER TO TRY TO LIKE, HEY, I'VE GOT A, I'VE GOT A PLAN, I'VE GOT A PLOT, I'VE GOT, I'M GONNA MAKE THIS DO HAPPEN, AND NOW I GOTTA GO ASK SOMEBODY FOR THEIR OPINION.

AND THEN, YOU KNOW, WE GET VARYING OPINIONS ON DRIVE-THROUGHS AND TRAFFIC STUDIES AND SECOND TRAFFIC STUDIES.

AND, UH, IT'S SUPER, SUPER DIFFICULT FOR BUSINESS OWNERS TO TRY TO OPERATE IN THESE ENVIRONMENTS.

YOU KNOW, IT'S, IT WOULD BE NICE JUST TO HAVE RULES, YOU KNOW, ZONING PLANS, YOU CAN GO IN AND JUST, ANYWAY, WE DON'T HAVE THAT.

SO I, I WON'T GO TOO FAR ALONG THAT ROUTE.

I, I WOULD SAY TAKING AN OPPORTUNITY.

I UNDERSTAND YOUR, YOUR IDEA ABOUT, I WANNA SEE THE BIGGER PICTURE, DR. MACK.

BUT, UM, YOU KNOW, WE CAN'T, WE CAN'T ASK THESE, THESE FOLKS TO DEVELOP ENTIRE BUSINESS MODELS AND EVERY ANSWER, ALL THESE QUESTIONS JUST TO BE DENIED BASED ON, YOU KNOW, WE DON'T WANT TO DRIVE THROUGH IN THE AREA.

SO I, I JUST, THESE ARE, WE GOTTA LOOK AT WHAT WE'RE LOOKING AT AND I DON'T KNOW, WE NEED TO BE LOOKING AT EVERYTHING AND ALL THE OPTIONS.

UH, YOU KNOW, LID UH, AND SO, SO ON AND SO FORTH.

UM, ANOTHER THING WITH THE, ALL THE, THE THREE, FOUR, UH, STIPULATIONS THAT WERE LE LEVELED THERE.

YOU KNOW, I THINK WE SHOULD BE STICKING WITH WHAT THE RULES ARE.

I DON'T THINK WE SHOULD BE ADDING ADDITIONAL RULES TO IT.

UM, IF THEY ARE, THERE WAS THE, THE LAST STIPULATION ON THERE WAS, UH, UH, WHAT WAS THE LAST ONE? LANDSCAPING PERMIT SERVICE.

THEY, THEY CAN MUST MEET UDC REQUIREMENTS.

WELL, YEAH, LIKE, I JUST THINK IT SHOULD, WE DON'T HAVE TO TELL 'EM THEY NEED TO MEET UDC REQUIREMENTS.

THEY SHOULD JUST MEET UDDC REQUIREMENTS.

I DON'T KNOW.

WE SHOULD ADD ANYTHING TO IT.

I THINK WE PUT A LOT OF EFFORT INTO MAKING THOSE.

UDC UH, ACTUALLY WENT MAYBE A LITTLE BIT TOO FAR.

WE'VE KIND OF BACKED OFF A FEW THINGS.

UH, I THINK WE PUT A LOT OF TIME AND EFFORT INTO IT.

SO ANYWAY, THEY SHOULD JUST MEET THE UDC STANDARDS OF THE DATE.

I DON'T KNOW THAT WE NEED TO ADD ANYTHING TO IT.

PERMEABLE, I THINK GOING TO A PERMEABLE SURFACE, UM, THAT'S, THAT'S, I DON'T, IT'S NOT REQUIRED IN ANY WAY, IS IT? THAT WAS AN NO, IT'S AN OPTION.

IT IS AN OPTION.

YEAH.

SO I THINK THAT'S A PRETTY BIG, THAT'S A PRETTY BIG, UH, WIN RIGHT THERE.

UM, I THINK IF WE DID LOOKED AT THE BENEFITS OF RAIN, UH, RECAPTURE OF YOUR CONDENSATION VERSUS PERMEABLE LANDSCAPING AND PERMEABLE SURFACES, I, I'D SAY ONE MIGHT BE BETTER THAN THE OTHER.

BUT, UM, ANYWAY, THE, THE ONLY THING I WOULD SAY THAT PROBABLY SHOULD HAVE BEEN TALKED ABOUT, OR MAYBE SHOULD, I WOULD SUGGEST THAT THIS IS THERE.

UH, IF THERE WAS GONNA BE A STUDY TO BE DONE, I WOULD SAY A REDUCTIVE, WHAT'S THE, UH, SPEED REDUCTION LANE? UH, LANE ACCELERATION.

LANE ACCELERATION LANE, RIGHT? I MEAN, I THINK THAT MIGHT BE THE MOST APPROPRIATE THING HERE TO BE ADDED TO THIS PARTICULAR PROJECT JUST BECAUSE, UH, AS MUCH AS WE'VE GOT SPEED LIMITS ON HERF, WE ALL KNOW EVERYONE GOES TO FLYING THROUGH THERE.

UM, AND IF YOU'RE GONNA BE TURNING INTO A STARBUCKS, WHICH A LOT OF PEOPLE PROBABLY WOULD BE, UH, JUST MOVING THAT TRAFFIC OUT TO IMPEDE, YOU KNOW, CONTINUOUS FLOW OF TRAFFIC BECAUSE YOU'RE GONNA HAVE ADDITIONAL, UH, SIDEWALK CUTS AND INFERENCES ALONG THAT CORRIDOR RIGHT THERE.

SO, UM, THAT'S, THAT WOULD BE THE ONLY THING I WOULD THINK THAT WE REALLY SHOULD BE TALKING ABOUT, IS HOW TO KEEP THAT TRAFFIC FLOWING ON HERF ROAD.

UM, AND A DECELERATION LANE WOULD PROBABLY BE MY, MY ONLY I I IDEA OF THIS, BUT I'M NOT GONNA DIE ON, THIS IS NOT THE HILL I WANNA DIE ON.

IF, IF THERE'S MORE OUT OF THIS.

I JUST, I THINK IT'S DIFFICULT FOR BUSINESSES TO TRY TO, YOU KNOW, WE WANT BUSINESS HERE.

WE'VE BEEN TALKING ABOUT GETTING BUSINESSES IN HERE FOR A LONG TIME.

BUT, UM, IF WE KEEP SAYING NO, I KNOW WE'RE NOT GONNA HAVE ANY BUSINESSES THERE, SO NO, NO ONE'S SAYING NO.

RIGHT.

SO LET ME FOLLOW UP ON THAT.

FIRST OF ALL, TO YOUR POINT, COUNCILMAN WILLISON, THIS HAS NOTHING TO DO WITH THE TYPE OF BUSINESS.

UH, I'VE READ STUFF ONLINE TOO.

WE DON'T CONTROL THAT.

IT'S A FREE MARKET.

PEOPLE BUY LAND, THE LAND LEASE, THE BUSINESS COMES IN, THEY DO WHAT THEY WANNA DO, THAT'S FINE.

THIS IS ABOUT THE DRIVE-THROUGH.

I'M NOT AGAINST THE DRIVE-THRU AND PRINCIPLE.

WHAT I'M AGAINST IS THE RIGHT IN, RIGHT OUT.

[00:30:01]

THERE IS ABSOLUTELY NO REASON, AS WE SEE ON THIS MAP, THAT THEY CANNOT HAVE BAGGAGE ROADS FROM EACH CUL-DE-SAC ALL THE WAY ACROSS THE BACK TO GIVE THEM FULL ACCESS TO THEIR PROPERTY.

AND THERE ARE MANY EXAMPLES IN SAN ANTONIO OF THIS EXACT SAME SETUP WHERE BUSINESS IS JUST FINE.

THERE ARE DRIVE-THROUGHS, BUT THEY DON'T HAVE A DIRECT ACCESS ONTO I 10 SERVICE ROAD.

THEY DON'T HAVE A DIRECT ACCESS ONTO MAJOR THOROUGH AFFAIRS.

THEY HAVE A SINGLE POINT OF ACCESS FROM MULTIPLE ENTERPRISES, APARTMENTS, BUSINESSES, COMMERCIAL, AND THEY DO JUST FINE.

THAT'S MY ISSUE.

SO TO ME, IF WE CAN GET RID OF THESE WRITE IN, WRITE OUTS AND MAKE, MAKE THIS WORK THE WAY IT SHOULD, SHOULD THE WAY IT WAS ENVISIONED TO WORK WITH THESE BAGGAGE ROADS, JUST LIKE HERPS HAS DONE AND HERPS DOES FINE, I DON'T SEE, I'M NOT AWARE OF ANYBODY.

I GO TO HERPS, NO PROBLEMS GETTING TO HERPS TO ME THEN, THEN A DRIVE THROUGH PROBABLY CAN WORK THERE BECAUSE THAT'S REALLY THE ISSUE.

I MEAN, TO ME, IT'S NOT THE DRIVE THROUGH PER SE.

IT'S COMING OFF OF THE CUL-DE-SAC AND COMING OFF OF A RIDE IN RIGHT OUT RIGHT THERE NEXT TO EACH OTHER.

AND THERE'S GONNA BE A CUL-DE-SAC ON THE OTHER SIDE.

SO, UM, I, LET ME JUST SAY THIS.

WE HAD AN OPPORTUNITY TO, TO WRITE THIS SHIP IF YOU WANTED THAT.

WE TALKED ABOUT THAT WHEN WE TALKED, WHEN WE TALKED ABOUT LENGTHENING THE DISTANCE BETWEEN DRIVES AND WE TALKED ABOUT MAKING IT 800 FEET.

IF WE, IF WE WENT TO 800 FEET, WE WOULDN'T BE TALKING, HAVING THIS DISCUSSION.

UH, BUT I, I THINK THEY FOLLOW, WE TALKED ABOUT THEY'RE FOLLOWING THE RULES BEFORE WE, THE, THE, THE, THE PLAN WHEN THOSE BY FEW WEEKS, THAT PLAN IS FROM 2009, THAT ORIGINAL PLAN, THAT'S THE PROBLEM, RIGHT? 250 FEET, WE MOVED IT TO WHATEVER, IT'S 400, 400.

NOW, WOULDN'T, WOULDN'T BE SO, UH, BUT EVEN IF BUT 400 STILL, BUT THAT'S NOT, WE'RE VOTING ON THE SEASON 400 STILL MEETS THAT RIGHT.

LIMITATION.

RIGHT? I MEAN, I THOUGHT, I UNDERSTAND, HOLD ON ONE SEC.

I UNDERSTAND DR.

MA'S CONCERN ABOUT UNDERSTANDING THE WHOLE PROJECT, RIGHT? BUT ARE WE NEED TO FOCUS ON THE, THE, THE IDEA OF THE DRIVE THROUGH ITSELF, WHETHER WHAT DOESN'T MATTER WHAT BUSINESS ENTITY IT IS, ABSOLUTELY.

WHETHER IT'S GOOD OR IT'S NOT GOOD FOR THAT AREA, THAT TRAFFIC LINE, THAT AREA, YOU KNOW, UM, I KIND OF AGREE WITH EVERYBODY THAT, I MEAN, I UNDERSTAND WHERE EVERYBODY'S POINTS ARE COMING FROM ON THIS.

YEAH.

UM, I UNDERSTAND YOUR POINT.

SURE.

QUENTIN AND I ALSO WOULD, WOULD DISAGREE A LITTLE BIT.

I MEAN, I THINK IT IS A RESPONSIBILITY OF THIS COUNCIL HERE, UM, TO MAKE THE DECISIONS THAT KNOW IT'S GONNA IMPACT WHETHER IT'S A, YOU KNOW, WE'RE NOT SAYING WE DON'T WANT A BUSINESS THERE, UH, BUT THE OVERALL PICTURE, WHAT WAS THE, WHAT WAS SOBO REALLY DESIGNED FOR THE WALKABILITY, LIVE, WORK, AND PLAY, UM, AND HOW DOES THAT IMPACT THAT, YOU KNOW, OVERALL PLAN THAT WE HAD FOR THAT AREA DOWN THERE.

AND THE FACT THAT WE WERE SITTING THERE SAYING THAT, YOU KNOW, A DRIVE THROUGH IS NOT WHAT'S GONNA BE, UM, THE BEST FOR THAT TYPE OF AREA.

SO, UH, LET'S MAKE SURE WE JUST KIND OF FOCUS ON THE IDEA OF THE DRIVE THROUGH AND WHERE WE'RE GOING WITH THAT.

ANY OTHER, ANYONE ANYONE ELSE WANNA SPEAK? NO, I MEAN, MY, MY VIEW IS THAT, THAT THAT'S THE PROBLEM I HAVE THAT IF YOU WANNA GET DOWN TO THE, THE NITTY GRITTY OF THE DRIVE THROUGH, INDEPENDENT OF ALL THE OTHER THINGS.

BUT THE HISTORY IS IMPORTANT.

IT'S NOT UNIMPORTANT.

'CAUSE YOU DIDN'T GET HERE IN A, IN A, IN A VACUUM.

AND PLUS A 2009 LAND DESIGN, THIS IS 2025.

BERNIE HAD A MUCH FEWER PEOPLE AND MUCH LESS TRAFFIC IN TWO TH I KNOW THAT'S THE TEXAS LAW, BUT I'M JUST, IT'S JUST REALITY.

SO HERE'S THE THING.

IF YOU WANNA DRIVE THROUGH HERE, IF I WAS DOING THIS, I'D SAY, OKAY, LET'S DO THE BACKAGE ROAD AND I'LL PUT A DRIVE, I'LL FIGURE OUT HOW TO DO A DRIVE THROUGH THAT DOESN'T IMPACT, THAT DOES NOT IMPACT DIRECTLY ONTO HERFF ROAD.

IT IMPACTS THE CUL-DE-SAC POTENTIALLY, BUT ONLY IN 1, 1, 1 LOCATION.

AND PROBABLY NOT EVEN THAT BECAUSE YOU'D HAVE BILATERAL ENTRANCES FROM BOTH CUL-DE-SACS.

IT'D BE A BACK ROAD ALL THE WAY THROUGH THAT.

TO ME, THAT'S A DEVELOPMENT ISSUE.

BUT I THINK THAT'S SOMETHING THAT NEEDS TO BE DONE.

I HAVE A PROBLEM WITH THE DIRECT ENTRANCE.

AND WHEN YOU START TALKING ABOUT DECELERATION LANES, HOW MANY ARE YOU GONNA HAVE IF WE, IF WE ALLOW THIS ONE, IF WE ALLOW THAT, THIS ONE WITH A WRITE IN RIGHT OUT, THERE'LL BE NO, THERE'LL BE A PRECEDENT.

THERE'LL BE SOMEBODY ELSE IN ONE.

AND SO NOW ANOTHER DECELERATION LANE AND ANOTHER DECELERATION LANE.

SO SUDDENLY HARTFORD'S GONNA HAVE 4, 5, 6 DECELERATION LANES.

I FEEL LIKE WE'RE ALREADY TRYING TO PUT THE BBS BACK IN THE BOX.

RIGHT.

UM, I, I DON'T KNOW HOW YOU ADDRESS THE WRITE IN, WRITE OUT, BECAUSE THAT'S NOT WHAT WE'RE DECIDING THIS EVENING.

IT'S ON THE SUP, WHICH I UNDERSTAND IS THE MECHANISM TO CONTROL WHAT HAPPENS OR TO INFLUENCE WHAT HAPPENS HERE ON THE OUTCOME OF THE DRIVE THROUGH.

RIGHT.

IT FOR THE WRITE IN, WRITE OUT.

THAT'S YOUR BIGGEST CONCERN.

I THINK WHAT YOU SAID ABOUT THE WALKABILITY AND THE INTENT OF THAT DEVELOPMENT IS VERY RELEVANT, WHAT YOU'VE SAID AND SHARED WITH ALLOWING BUSINESSES TO NOT HAVE RULES PUT IN PLACE AFTER THEY'VE ALREADY GONE, YOU KNOW, NINE-TENTHS OF THE WAY I THINK IS ALSO RELEVANT.

SO I THINK THAT'S WHERE THE IMPASSE IS FOR ME, IS WHERE DO YOU FIND THAT BALANCE, RIGHT? THE INTENT VERSUS GROWTH, UM, THE RIGHT WAY VERSUS TRYING TO USE THIS SE SUP TO SAY, WELL, THE RIGHT IN, RIGHT OUT IS THE REAL PROBLEM I HAVE.

IT'S NOT THE DRIVE THROUGH, WHICH IS WHAT WE'RE VOTING ON THIS EVENING.

WELL, TO ME, THEY GO TOGETHER.

SO I CAN'T DO ONE WITHOUT THE OTHER.

SO IF THE WRITE IN, WRITE OUT STAYS AND ALL THAT, THEN I WILL NOT SUPPORT A DRIVE THROUGH.

OKAY.

I'M JUST SAYING THAT PUBLICLY.

UH, NATHAN, I'M ASSUMING THERE'S THE WRITE IN, WRITE OUT IS A, HAS TO BE THERE.

[00:35:02]

THAT'S A GREAT QUESTION.

UM, AS, AS, UH, OUR LEGAL COUNSEL HAS, HAS DISCUSSED WITH US, THE COUNSEL CAN INCLUDE REASONABLE STIPULATIONS ON SUP BASED ON, UH, MITIGATING DETRIMENTAL IMPACTS.

SO, UH, IF THE COUNSEL CHOSE TO, THEY COULD SAY, HEY, BECAUSE OF TRAFFIC, BLAH, YOU KNOW, AND EXPLAIN THAT THEY, THEY COULD, UH, ADDRESS THE DRIVEWAY.

UM, IS THE APPLICANT, I MEAN, I'D BE CURIOUS TO HEAR FROM THEM IF THAT WAS A, IF THAT WAS GOING TO HAPPEN.

DOES THEIR PROJECT STILL DOABLE? UH, BASED ON LAST PZ? NO.

OKAY.

BUT I'LL LET THEM ADDRESS THAT.

THANK YOU.

HI, GOOD EVENING.

UM, TO ADDRESS THAT QUESTION IS STARBUCKS HAD THE OPPORTUNITY TO PICK ANY LOT HERE, AND THEY SPECIFICALLY PICKED THIS LOT BECAUSE THERE WAS ALREADY A PRE-APPROVED RIDE AND RIDE ON THIS SITE.

IT'S ALREADY PART OF THE MASTER PLAN.

AND IF, IF IT'S REVOKED, UM, THEN I WILL WITHDRAW THE APPLICATION AND, AND THEY'RE GONE.

SO IT REALLY, IF, IF THERE'S A DECISION TO, TO PULL IT OFF, I MEAN, WE, WE WILL JUST WITHDRAW OUR APPLICATION.

IT'S, UH, DEFINITELY A DEAL BREAKER FOR THE THE DEAL.

ALRIGHT, COOL.

GOOD.

COOL.

THAT'S GOOD TO KNOW.

YEP.

UM, ANY QUESTIONS FOR THE APPLICANT? I MEAN, HOW I I'M GONNA ASK YOU THIS QUESTION, AND I'LL TELL YOU MY BACKGROUND.

I'VE OWNED COFFEE SHOPS AND I'VE OWNED COFFEE SHOPS THAT DIDN'T HAVE A DRIVE THROUGH, AND THEY DID A MILLION DOLLARS A YEAR BUSINESS WITHOUT A DRIVE THROUGH.

AND THOSE ARE, THAT'S 25 YEARS AGO WHEN COFFEE WAS JUST BEGINNING.

SO MY QUESTION IS, YOU CAN'T DO A DRIVE THROUGH WITH THE BACKAGE ROAD WITHOUT THAT WRITE IN RIGHT NOW.

YOU SERIOUSLY TELL 'EM, YOU CAN'T DO THAT.

THAT'S NOT UP TO ME, THAT'S UP TO STARBUCKS.

I'M BUILDING THE PROJECT AND I'M THE LANDLORD AND ON THE REAL ESTATE.

WELL, I MEAN, FOR EXAMPLE, THE, THEY'RE NOT WILLING TO DO IT.

SO THE ANSWER IS NO, THEY'RE NOT.

BUT I THINK I WOULD LIKE TO JUST TAKE A STEP BACK AND INTRODUCE MYSELF AND, AND TALK A BIT ABOUT THE VISION, THE PROJECT HERE, AND THEN I WOULD LOVE TO OPEN UP FOUR QUESTIONS AND TALK ABOUT THESE THINGS.

OKAY.

BUT, UM, YOU KNOW, I, I BELIEVE THAT THIS, UH, YOU KNOW, WHEN, WHEN WE FIRST STARTED TALKING ABOUT THIS PROJECT, UM, YOU KNOW, I THINK THAT, YOU KNOW, THERE'S A LOT OF DISCUSSIONS WITH THE CITY DEVELOPMENT DEPARTMENT, AND I THINK THAT THIS PROJECT, WE TOOK A LOT OF THOUGHT AND TOOK SOME DEPTH INTO MAKING SURE WE CREATE, UH, A PRODUCT THAT THE CITY'S BEEN ASKING FOR, WHICH IS A SUPER HIGH QUALITY DEVELOPMENT, WHICH INCLUDES, UH, EXPERIENTIAL REAL ESTATE, WHICH ALLOWS PEOPLE TO NOT ONLY GET THEY BUY VEHICLES, BUT BUY CAR AND WALKABILITY.

AND WE'VE, WE'VE, WE'VE SOLVED FOR ALL OF THOSE.

WE HAVE BICYCLE PARKING ON SITE.

UH, WE HAVE PREMIUM CONSTRUCTION MATERIALS AND ARCHITECTURE.

WE'VE DONE OVERSIZED, UH, PATIOS.

WE ARE, UM, YOU KNOW, CREATING, UH, ENVIRONMENT FOR PEOPLE TO ENCOURAGING THEM TO, TO COME IN AND, AND HANG OUT, SLOW DOWN, BUMP INTO NEIGHBORS AND, AND SPEND SOME TIME ON THE PATIO INSIDE.

AND I THINK THAT, UM, YOU KNOW, THAT'S BEEN VERY INTENTIONAL.

AND, YOU KNOW, UH, BEYOND THAT, THE MATERIALS THAT WE'RE USING ON THE CONSTRUCTION, I THINK ARE SOMETHING THAT WE CAN ALL BE VERY EXCITED AND PROUD FOR.

WE'RE, WE'RE DOING ENVIRONMENTAL FEATURES SUCH AS, UM, UH, RAINWATER COLLECTION TANKS.

IT'S ON THE SITE PLAN.

UM, AS YOU CAN SEE ON THE NORTHWEST CORNER, STARBUCKS, WE WE'RE, WE'RE CAPTURING ALL THE WATER FROM THE BUILDING AND IT'S GETTING STORED IN WATER TANKS.

AND THEN WE'RE USING THAT FOR OUR LANDSCAPE IRRIGATION.

SO WE'RE PUTTING IN SYSTEMS THAT, UM, I'VE ACTUALLY DONE THIS ON ANOTHER STARBUCKS I JUST FINISHED, WHERE WE HAVE A THREE-WAY ELECTRONIC VALVE THAT WHEN THERE'S WATER IN THAT TANK, UH, IT WILL USE THAT WATER FIRST.

AND SO WHEN THE WATER TIPS DOWN TO BELOW 18 INCHES, IT WILL THEN FLIP THAT ELECTRONIC VALVE AND GO TO THE CITY WATER.

BUT IF THERE'S ANY WATER IN THAT TANK, IT'LL USE IT FIRST.

SO WE ARE, WE ARE USING, UM, YOU KNOW, WE'RE TRYING TO BE THE BEST DEVELOPER TO, TO COME IN, CREATE A PREMIUM PRODUCT THAT'S HIGH QUALITY, INVEST A LOT OF MONEY IN, IN THE COMMUNITY.

FROM WHAT WE'VE HEARD, THIS IS WHAT, YOU KNOW, THE CITY'S BEEN LOOKING FOR.

THERE'S BEEN A LOT OF THINGS BEING TURNED DOWN ON THE SITE.

UM, THERE'S BEEN A LOT OF APPLICANTS CHRISTIAN AUTOMOTIVE GOT TURNED DOWN, EVERYONE.

AND THEN WHEN WE SHOWED UP, THEY SAID, THIS IS, THIS IS THE CATALYST WE NEED.

'CAUSE WHEN, WHEN STARBUCKS COMES IN AS AN ANCHOR TENANT, THE GOOD QUALITY RETAIL AND EVEN LOCAL, UH, BUSINESSES FOLLOW BECAUSE IT GENERATES, UM, IT'S SORT OF THE CATALYST THAT GETS THE RETAIL STARTED AND YOU CAN START IT OFF ON THE RIGHT FOOT.

UM, AND SO, YOU KNOW, I JUST, I JUST THINK THAT, UH, AND AGAIN, UM, YOU KNOW, WE, WE HAVE FUTURE PLANS TO DEVELOP THE, THE LOT TO THE EAST.

AND IT WOULD BE AGAIN, YOU KNOW, GOOD QUALITY, UH, USE THAT WILL COMPLIMENT THE S FURTHER.

UM, I THINK THAT, YOU KNOW, IT'S BEEN BROUGHT UP A FEW TIMES ABOUT HOW PROBLEMATIC THE OTHER STARBUCKS IS.

AND I, I'VE LOOKED AT IT AS, AS WELL MYSELF AND, AND YOU'RE ABSOLUTELY RIGHT, THIS IS NOTHING LIKE THAT PROJECT.

THAT PROJECT IS IN A VERY SMALL SITE, SIX, POSSIBLY SEVEN CARS CAN SWEEP IN INTO THE DRIVE THROUGH.

YOU HAVE PARKING FOR NINE PARKING SPOTS AND YOU KNOW, THAT'S NOT INCLUDING EMPLOYEE PARKING.

AND, AND YOU KNOW, SO, YOU KNOW, WE HAVE, WE CAN STACK UP TO 11 CARS IN THIS, IN THIS DRIVE THROUGH PARKING.

WE

[00:40:01]

HAVE 36 PARKING SPACES ON SITE AND INCLUDING SIX MOBILE ORDER PICKUP SPOTS.

AND SO SOMETHING TO CONSIDER IS, UM, YOU KNOW, THE, THE, THE EASE TO GET IN HERE, THE TRAFFIC FLOW, THE CONGESTION, IT'S A, IT'S A VASTLY DIFFERENT EXPERIENCE FOR, FOR THE LOCAL USER.

IT IS GONNA BE NOTHING LIKE WHAT'S HAPPENING UP THERE FROM, FROM JUST THE, THE TRAFFIC FLOW, THE SIZE OF THE SITE, 36 PARKING SPACES VERSUS NINE, UM, 11 DRIVE-THROUGH SPOTS AND THEN SIX MOBILE ORDER.

SO ONE OF THE BIG SHIFTS THAT'S HAPPENING WITH, UM, A LOT OF THE, THE USERS, AND I KNOW THIS 'CAUSE I JUST FINISHED, UH, ONE UP IN B CAVE, WHICH IS SORT OF THE, THE BURN OF, OF AUSTIN.

IT'S A SMALL, UH, YOU KNOW, BEAUTIFUL COMMUNITY THAT'S, THAT'S BEEN GROWING A LOT.

AND THERE'S, THERE'S GROWING PAINS AND THERE WERE THE SIMILAR CONCERNS AND DISCUSSIONS THAT WERE HAD THERE.

AND, AND NOW THAT THAT PROJECT'S COMPLETE, I THINK OVERALL EVERYONE'S VERY EXCITED AND HAPPY HOW IT TURNED OUT.

AND SO WITH THE MOBILE ORDER PICKUP, UM, THIS HAS BEEN A CONSCIOUS SHIFT WITHIN STARBUCKS.

IF YOU GO BACK 10 YEARS AGO, STARBUCKS MADE A CHOICE ROUGHLY 10 YEARS AGO TO, TO NOT, TO TRY AND NOT HAVE PEOPLE HANG OUT IN THE COFFEE SHOP.

THEY ACTUALLY, UH, DID HARD, HARD SURFACE FLOORING.

THEY DID ALL LIKE WOODEN OR METAL CHAIRS.

THEY MADE IT LIGHT ON ECHOEY.

THEY MADE THE TABLE SMALLER.

THEY WON'T BE ABLE TO ORDER THEIR COFFEE AND GET OUT OF THE COFFEE SHOP.

AND IF YOU LOOK, IF YOU DO SOME RESEARCH AND LOOK IT UP, THE NEW CEO THAT CAME ON SEVERAL MONTHS AGO HAS MADE A, A CONSCIOUS SHIFT IN THE STRATEGY TO CHANGE THAT EXPERIENCE.

THEY'RE BRINGING BACK LEATHER CHAIRS INTO THE COFFEE SHOP.

THEY'RE PUTTING IN SOUNDPROOFING, THE ONE THAT I JUST FINISHED IN B CAVE HAS SOUNDPROOFING SOUND BUFFERING PANELS ON THE ROOF.

THEY WANT IT TO BE QUIET, THEY WANT TO BE RELAXING.

THEY WANT PEOPLE TO HANG OUT WITH THEIR NEIGHBORS AND HAVE A CUP OF COFFEE AND GET TOGETHER WITH THEIR FRIENDS IN THE NEIGHBORHOOD.

AND, AND THAT'S A CONSCIOUS SHIFT WITH, UH, ALSO WITH THE MOBILE PICKUP.

SO IF SOMEONE IS, IS, IS ON THE WAY TO STARBUCKS, THEY CAN GO THROUGH THE APP AND QUICKLY ORDER THEIR COFFEE WITH JUST BY KICKING THEIR, THEIR FAVORITE BUTTON OR IT'S SUPER EASY TO USE IT.

AND SO WHAT A LOT OF PEOPLE, ESPECIALLY YOUNGER GENERATION ARE DOING NOW IS RATHER THAN PULL UP IN LINE, LET'S SAY IT IS FULL WITH, WITH EIGHT OR 10 CARS AND WAIT A FEW MINUTES TO PULL UP, MAKE YOUR ORDER AND THEN WAIT TWO MINUTES FROM THEM, MAKE YOUR COFFEE AND GRAB IT AND LEAVE.

WHEN THEY LEAVE THEIR HOUSE, THEY JUST PLACE THE ORDER ON THEIR APP, GET IN THE CAR, THEY PULL INTO THE MOBILE ORDER SPOT AND THEY WALK INTO THE, TO THE STORE AND THE COFFEE'S READY FOR THEM.

BUT WHAT THIS IS ALSO DOING IS REALLY GOOD FOR THE COMMUNITY.

THIS GIVES 'EM A CHANCE TO BUMP INTO A NEIGHBOR, BUMP INTO A FRIEND, TALK TO ONE OF THE, THE, THE WORKERS THERE.

IT'S CREATING MORE OF A COMMUNITY VIBE, EVEN THOUGH IT'S, IT'S, IT'S NOT QUITE A SIT DOWN AND HAVING A COFFEE WITH A FRIEND.

IT'S A, IT'S, IT'S AN IMPROVEMENT FOR A COMMUNITY, UH, UH, CONNECTION BASED ON A DRIVE THROUGH.

AND THAT'S BECOMING A BIG PART OF THIS.

AND THEN I WOULD LIKE TO SAY, YOU KNOW, ON THE SITE PLAN, IT'S, I, I WISH WE HAD A BETTER VERSION TO SHOW YOU HERE.

UM, BUT WE HAVE A, A A OVERSIZE MORE THAN DOUBLE THE SIZE OF WHAT STARBUCKS REQUIRES FOR AN OUTDOOR PATIO.

AND WE'RE COVERING WITH PERGO SPACE.

AND SO AGAIN, WE WANT PEOPLE TO GATHER, WE WANT THEM TO GET TOGETHER.

WE WANT THE NEIGHBORHOOD EXPERIENCE.

WE WANT PEOPLE IN THE APARTMENTS TO WALK DOWN HERE TO RIDE BIKES.

WE HAVE BICYCLE PARKING ON SITE.

WE KNOW THAT THERE'S OTHER FUTURE MULTIFAMILY AND RESIDENTIAL DEVELOPMENT.

WELL WITHIN WALKING DISTANCE OF THAT, THAT IS, THAT IS PLANNED.

AND SO WE'RE TRYING OUR BEST TO MEET THE GOALS OF, OF WHAT YOU GUYS ARE WANTING HERE FROM, UH, A MOBILITY STANDPOINT, FROM PEDESTRIAN OR BICYCLE FOCUSED WORK.

BUT WE, YOU KNOW, THIS IS, THIS IS, I, I DON'T SEE ANYTHING ELSE WE COULD DO TO, TO MAKE IT MORE FRIENDLY OR OPEN TO THAT.

UM, YOU KNOW, I THINK THAT, UH, LET'S SEE IF I, ANYTHING ELSE? YEAH, ANYTHING ELSE REGARDING THE, THE DRIVE THROUGH? THE DRIVE THROUGH.

SO, SO YES, I WANT TO ADDRESS THE, THE WRITE AND WRITE OUT AGAIN, JUST CANDIDLY IF, IF IT'S TRYING TO BE REVOKED, UH, YOU KNOW, THAT, THAT WE'RE, WE'LL WITHDRAW OUR APPLICATION, BUT THAT IS NOT SOMETHING THAT I'M APPLYING FOR.

IT'S, IT'S AN OFFSITE IMPROVEMENT THAT'S ALREADY APPROVED.

SO IF THAT'S SOMETHING THAT'S GONNA BE TRIED TO BE REVOKED, THAT'S A CONVERSATION THAT NEEDS TO BE HAD WITH THE MASTER PLAN DEVELOPER.

AND UH, THAT'S A CONVERSATION WE NEED TO HAVE DIRECTLY WITH HIM TO, TO REVOKE THAT.

BUT THAT'S ALREADY SOMETHING THAT HAS BEEN APPROVED PRIOR TO THE CHANGE IN 2022 THAT EXISTS TODAY.

AND MY, MY REQUEST TONIGHT IS TO, IS PURELY FOR THE DRIVE THROUGH, WHICH IS GONNA BE A REQUIREMENT FOR THIS PROJECT TO GO FORWARD.

AND I WOULD, YOU KNOW, JUST KINDLY WANNA POINT OUT, YOU KNOW, PRECEDENTS TO BE SET RIGHT ACROSS THE STREET.

H2O IS APPROVED RECENTLY, UH, SCHLOTZKY'S WITHIN THE SAME MASTER PLAN COMMUNITY HAS ALREADY PROVED THE DRIVE THROUGH.

AND SO I I, I THINK THAT, YOU KNOW, THE PRECEDENT'S READY TO BE SET THERE.

AND THEN I THINK, AS I'VE EXPLAINED, WE'VE GONE FAR ABOVE AND BEYOND ANYTHING THAT THEY'VE DONE AS FAR AS THE QUALITY CONSTRUCTION, THE THOUGHTFULNESS INTO THE EXPERIENCE FOR, FOR THE COMMUNITY AND THE USER, UM, THE, THE EASE IN AND EASE OUT WITH, WITH, WITH PARKING SPACES.

WE'RE, WE'RE, WE'RE OVER PARKED ON THIS.

UM,

[00:45:01]

AND SO I THINK, YOU KNOW, WE, WE'VE REALLY ADDRESSED THAT.

WE'VE INVESTED ADDITIONAL FUNDS INTO, UH, ENERGY AND, AND, AND, UM, RAINWATER COLLECTION, UH, ADDITIONAL LANDSCAPING COMMITMENTS THAT WE'VE MADE TO ADDITIONAL LANDSCAPING IMPROVEMENTS AND BUFFERS.

UM, AND SO I THINK, UM, YOU KNOW, I THINK WE'RE, WE'RE, WE'RE TRYING TO DO EVERYTHING WE CAN TO HELP MEET BERNIE'S GOALS FOR THIS SITE.

AND SO I KIND OF ASK FOR YOUR SUPPORT FOR THE, UH, DRIVE THROUGH.

ALRIGHT.

ALRIGHT.

THANK YOU.

OKAY, ANY OTHER QUESTIONS, COMMENTS FROM COUNSEL NATHAN ON H2O? THAT APPROVAL THEY GOT ON THE DRIVE THROUGH, WHICH AS YOU POINTED OUT, WAS BEFORE CO COUNCIL HAD AN TO DO WITH IT THAT'S DIRECTLY ONTO HER OR IS THAT DOWN TO A CUL-DE-SAC ACROSS MURF? I THINK THEY HAVE A DRIVEWAY, RIGHT? CHERYL, DO YOU REMEMBER? IT'S A CUL-DE-SAC.

SO THEY DON'T HAVE ACCESS, RIGHT? THEY DON'T HAVE DIRECT ACCESS TO HERF.

THEY'RE, THEY'RE TOO CLOSE TO MAIN STREET.

CORRECT.

SO THERE IS NO DIRECT ACCESS FOR THEM.

SAME SHOTS, SAME SLOT, THE SAME WITH SLOTKIN.

THERE'S NO DIRECT ACCESS.

THAT'S WHAT, THAT'S WHAT I'M SAYING.

I SAID SO AGAIN, THEY'VE ALL GOT DRIVE-THROUGHS BUT THEY DON'T HAVE DIRECT ACCESS TO HER.

SO HOW'S THAT POSSIBLE? I DON'T KNOW.

CORRECT.

I GUESS IT WORKS, BUT MAYOR, MAY I SPEAK TO THE GROUP PLEASE? WHO ARE YOU? MY NAME IS BILL WALTERS.

I'M THE MAJORITY OWNER OF THIS PROPERTY.

BOUGHT THIS PROPERTY, UH, EIGHT OR NINE YEARS AGO.

OKAY.

UH, FROM THE CALDER ESTATE.

THIS IS MY FIRST TIME TO VISIT YOU IN THIS SETTING.

SO A LOT OF YOU DON'T KNOW ME.

UH, NATHAN AND THE STAFF KNOW ME QUITE WELL.

JEFF CAROL WAS MY ENGINEER PRIOR TO COMING INTO THE CITY.

SO I HAVE QUITE A HISTORY HERE.

UH, TIM RIN KNOWS ME WELL AND I JUST THOUGHT IT WOULD BE IMPORTANT FOR ME TO ADD TO THIS DISCUSSION AS THE OWNER AND THE MANAGING GENERAL PARTNER AND THE DECISION MAKER.

OKAY, I'M A 47 YEAR CENTRAL TEXAS GUY.

I PAY THE TAXES, I OWN THIS PROPERTY, THE MAJORITY OF IT IN A PARTNERSHIP.

DR. MACK, I APPRECIATE WHAT, WHAT YOU'VE HAD TO SAY.

UNDER NO CIRCUMSTANCES WILL THAT WRITE IN, WRITE OUT, BE REMOVED.

I DON'T GO BACKWARDS, I GO FORWARD.

NUMBER TWO, IF YOU LOOK AT THE SCHLOTZKY'S RETAIL BUILDING ON HEARTH, THERE IS A WRITE IN WRITE OUT DIRECTLY INTO THAT BUILDING.

AND I JUST USED IT FOR A SANDWICH AN HOUR AGO.

OKAY? SO THEN WE HAVE THE SITUATION WITH THE HTO.

ALRIGHT? WE HAVE SUBMITTED REAMS AND REAMS OF TRAFFIC STUDIES AND REPORTS TO THE CITY AT A PRETTY PENNY.

OKAY? THE IDEOLOGY I DON'T CARE ABOUT, I REALLY DON'T, I MEAN, I TRY TO DEAL IN FACT, AND I THINK JUSTIN HAS MADE A VERY GOOD POINT OF THE DIFFERENCE BETWEEN THIS PROJECT AND WHAT IS DOWNTOWN.

THE CUL-DE-SACS WILL BE BUILT WHEN PERSONALLY THAT'S BEEN A HUGE WASTE OF LAND AND A WASTE OF MONEY.

THERE ARE NO CUL-DE-SACS UP AND DOWN HEARTH ROAD OR A MAIN STREET OR ANY OF THESE MA MAJOR ARTERIALS.

THESE THINGS COST OVER A MILLION BUCKS A PIECE EXCLUDING THE LAND.

OKAY? SO THE COMMITMENT TO GO THROUGH THIS LAURA TALLY DREAM VISION OF THIS BEING THE DOMAIN OR BEING THE RIM OR BEING PROJECTS LIKE THAT IS JUST FANTASY.

IT DOESN'T MAKE A LICK OF SENSE.

SO JUSTIN'S RIGHT, WE'RE GONNA BRING IN ADDITIONAL RESIDENTIAL.

THAT ADDITIONAL RESIDENTIAL, 99% OF 'EM ARE GONNA OWN A VEHICLE OF SOME SORT.

SOME MAY OWN A MOTORCYCLE OR A POWERED BICYCLE, BUT MOST OF 'EM ARE GONNA OWN A CAR.

SO THEY'RE GONNA BE ON HEAR F REGARDLESS, YOU KNOW, IF THEY LIVE AT THIS DESTINATION.

BY DOING PROJECTS LIKE THIS, WHAT YOU ARE REALLY DOING IS CREATING A SENSE OF COMMUNITY AND A SENSE OF SPACE FOR THESE PEOPLE TO WALK TO.

UM, AND WHY WOULD SOMEBODY THAT LIVES IN THE APARTMENT PROJECT GET IN THEIR CAR AND GO OUT AND FIGHT TO GET ONE WAY ON THE OTHER SIDE OF HERF SO THEY COULD COME BACK AND GO THROUGH A DRIVE THROUGH.

THAT DOESN'T MAKE SENSE TO ME.

ALSO, ALL OF THOSE COMMUTERS THAT EVERY DAY TAKE HEAR F TO MAIN STREET TO I 10 AND THERE'S LOADS AND LOADS OF THEM.

I DON'T KNOW THE NUMBER, BUT THERE'S LOADS AND LOADS OF

[00:50:01]

THEM.

THEY'RE GONNA USE THAT APP AND THEY'RE GOING TO HAVE THEIR DOUBLE LATTE.

THEY ALREADY ORDERED.

THEY'RE GONNA PULL INTO THEIR SPOT, BANG, THEY'VE GOT IT, THEY'RE GONE.

JUST SO HAPPENS, I'VE DONE QUITE A FEW BUILDINGS AND BE CAVE AS WELL, AS WELL AS ALL OVER AUSTIN, UH, FOR A LONG, LONG TIME.

UH, I MOVED TO AUSTIN, UH, FROM DALLAS WHEN I WAS 18.

I JUST TURNED 65.

SO I KNOW WHAT I'M TALKING ABOUT, UH, FIRSTHAND.

AND UH, THIS IS THE KIND OF THING THAT WE WANT AND THE QUALITY OF PROJECT THAT WE WANT AT THIS LOCATION.

UM, AND THAT WRITING RIGHT NOW IS GOING NOWHERE.

AND I'M POSITIVE MY ATTORNEY WILL CHALLENGE ANY OPINION THAT SAYS YOU CAN REMOVE IT, YOU CAN DENY THE DRIVE-THROUGH, BUT THAT KILLS THE WHOLE PROJECT.

AND WHY WOULD YOU DO THAT? YOU ALREADY KILLED CHRISTIAN BROTHERS.

WE'RE, WE'RE TRYING HARD TO MAKE DEALS HERE FOR THE COMMUNITY.

I'VE BEEN HERE NINE YEARS WITH VERY LITTLE PROGRESS, OKAY? BERNIE ALREADY HAS A TERRIBLE REPUTATION IN THE REGION FOR DEVELOPMENT.

I THINK EVERYBODY KNOWS THAT.

NATHAN CAN TELL YOU THAT THERE'S A LOT OF FRUSTRATION WITH LANDOWNERS, PROPERTY OWNERS LIKE MYSELF A LOT.

SO I'D LIKE TO KINDLY ASK THAT YOU RECONSIDER, UH, IF THERE'S ANY QUESTIONS THAT YOU HAVE FOR ME, I'M MORE THAN HAPPY TO ANSWER.

ALRIGHT, THANK YOU SIR.

ANY OTHER QUESTIONS? COMMENTS? UH, NO, I APPRECIATE YOU STANDING UP AND, AND SHARING THAT BACKGROUND AND INSIGHT.

I'M BORN AND RAISED IN CENTRAL TEXAS, AUSTIN, MYSELF, AND I'M 50.

SO I'VE SEEN THE CHANGES.

I LIVED IN ROLLINGWOOD, SO I UNDERSTAND THE RESTRICTIONS IN THAT AREA.

UM, AND SO I THINK IT'S A LITTLE DISINGENUOUS TO SAY WE'RE TRYING TO BE THE RIM OR THE DOMAIN.

THAT'S NOT THE INTENT.

NO, I SAID THAT WAS A LAURA TALLEY FANTASY AND, AND THANK GOODNESS SHE'S NOT IN THIS ROOM.

FAIR.

UM, BUT SO I, I THINK BOTH SIDES ARE TAKING SOME LIBERTIES.

I I IT'S NOT, YOU KNOW, BLACK RIFLE COFFEE ON MAINE EITHER, RIGHT? SO I THINK BOTH SIDES ARE TAKING SOME LIBERTIES ON THEIR ARGUMENTS.

I THINK THE CONCERN REALLY IS THE POTENTIAL TRAFFIC PROBLEMS ON HER, RIGHT? AND SO SOME MITIGATING CONVERSATIONS AROUND DECELERATION LANES, YOU KNOW, RIGHT IN, RIGHT OUT.

I THINK THAT'S WHERE THAT COMES FROM.

AND I HEAR WHAT YOU'RE SAYING, DRAWING THE LINE OF THE SAND.

UM, BUT THE DISCUSSION HERE IS AROUND THE SUP IS IS JEFF OR UH, CHERYL HERE, CHERYL, ENGINEERING CHERYL'S THERE.

UM, AND SO IF IT GETS TO SOMETHING, YOU KNOW, BIGGER AROUND RIGHT IN, RIGHT OUT IN LITIGATION, THAT'S A WHOLE CONVERSATION FOR A DIFFERENT TIME.

BUT THE CONVERSATION TONIGHT'S AROUND SUP AND I GET WHERE YOU'RE COMING FROM, DR.

MACALUSO AND USING THAT, I'M, I'M NOT ARGUING ABOUT TAKING THE RIGHT IN, RIGHT OUT OFF, THAT'S A QUESTION.

BUT FOR THE DEVELOPER AND THE LANDOWNER, I'M ARGUING ABOUT THE DRIVE THROUGH AND WHAT I WANNA KNOW FROM ENGINEERING, CHERYL, IS P AND Z ALREADY SAID, IF I'M READING IT CORRECTLY, THAT THERE WOULD HAVE TO BE SOME TYPE OF DECELERATION LANE TO PREVENT BACKUP.

AM I CORRECT, MAYOR? LET, LET ME OFFER PLEASE THAT WE WILL BUILD A DECELERATION LANE WITHOUT A STUDY.

AND SO I'M GIVING YOU A DECELERATION NOW, DR.

MAC RIGHT NOW, DO YOU NEED ACCELERATION LANE, SIR? DO YOU NEED ACCELERATION LANE FOR PEOPLE COMING OUT? NO, I DON'T BUSY.

YOU DON'T? NO.

NOT EVEN NINE O'CLOCK IN THE MORNING, THREE O'CLOCK IN THE AFTERNOON WHEN EVERYBODY'S GETTING THEIR CAFFEINE FIXED.

I MEAN LISTEN, LISTEN, I OWN COFFEE SHOPS.

I LIVE WHERE THE PRESIDENT STARBUCKS IS SO I KNOW WHAT IT'S LIKE AT NINE INTO THREE AND IT IS NOT TRUE THAT THERE'S NO PROBLEM.

THERE ARE MANY TIMES I CANNOT GET DOWN UPPER BALCONES 'CAUSE PEOPLE HAVE DOUBLE PARKED, TRIPLE PARKED, THEY'RE PARKED IN THE CHURCH PARKING LOT, ET CETERA.

AND I KNOW THAT IS A POORLY BUILT SITE.

I ACKNOWLEDGE THAT AND I THINK THE GENTLEMAN, YEAH, IT'S NOT ANYWHERE CLOSE TO THIS.

I UNDERSTAND THAT, BUT MY QUESTION STILL REMAINS, DO YOU NEED ANOTHER LANE FOR PEOPLE COMING OUT TO ACCELERATE THROUGH TRAFFIC? I DON'T BELIEVE IT'S NECESSARY, BUT WE'LL CERTAINLY HAVE A UH, DISCUSSION WITH STAFF ABOUT IT.

AND IF THERE NEEDS TO BE A STUDY FOR AN EXCEL LANE DESAL, I'M TELLING YOU RIGHT NOW, WE WILL DO.

OKAY, WE'LL DO THAT.

PLUS 36 PARKS ON SITE PLUS SIX APP PICKUPS PLUS 11 IN THE QUEUE.

DO YOU HAVE A QUESTION FOR CHERYL? I'D ALSO LIKE TO JUST FLOAT A BALLOON ABOUT THE BUDGET DISCUSSION THAT PROCEEDED THIS DISCUSSION HERE.

IT'S NOT RELEVANT TO THIS, THIS, RIGHT NOW WE'RE TALKING ABOUT THE STARBUCKS SALES TAX REVENUE IS NOT RELEVANT TO THIS, AT THIS POINT IN TIME, WE'RE TALKING ABOUT THE SUP.

OKAY.

AND THAT'S STRICTLY WHERE WE'RE GONNA KEEP OUR FOCUS.

OKAY.

CHERYL, I JUST WANNA KNOW ABOUT, SINCE THAT'S SOMETHING THAT P AND Z BROUGHT UP, I'D LIKE TO KNOW MORE ABOUT IT FROM AN ENGINEERING POINT OF VIEW.

YES.

SO, WELL FIRST TO START WITH AN ACCELERATION LANE, UH, AS AN INDUSTRY.

I THINK ACCELERATION LANES, YOU'VE SEEN THOSE KIND OF GO AWAY.

TEXAS NOT A FAN,

[00:55:01]

THEY'RE NOT QUITE AS SAFE, I THINK, AFTER DOING STUDIES.

UM, AND SO YOU'VE SEEN THOSE SLOWLY START GOING AWAY OUT OF CODE, BUT FOR THE DECELERATION LANE, UM, SO SINCE THEY'RE VESTED TO, I BELIEVE 2009, UM, WELL BEFORE THE UDC THERE, THERE WAS NOT A SPECIFIC TRIGGER FOR A DECELERATION LANE.

YOU JUST LOOKED AT THE, THE OVERALL TRAFFIC, AND YOU LOOKED AT THE LEVEL OF SERVICE, AS WE CALL IT, IS WHAT DELAY IS PROVIDED AT THIS QUOTE UNQUOTE INTERSECTION AT THE DRIVEWAY.

AND YOU WOULD DETERMINE IF, IF A DECELERATION LANE WERE BASED, WERE REQUIRED BASED ON THAT.

SO THEY DON'T MEET THAT TRIGGER FOR THE CODE THEY'RE IN.

IF THEY WERE UNDER TODAY'S CODE, UM, WHICH COULD BE A STIPULATION AS PART OF PART OF THE APPROVAL OF THE SUP TO TODAY'S CODE, THEY WOULD TRIGGER HAVING TO PROVIDE A DECELERATION LANE.

AND THAT TRIGGER IS 50 INBOUND RIGHT.

TURNERS IN THE PEAK HOUR.

SO 50 PEOPLE TURNING RIGHT IN THE PEAK HOUR.

UM, AND SO THEY'RE, AND I DON'T HAVE THE FIGURES IN FRONT OF ME, BUT THEY'RE AT ABOUT 119, I THINK IS WHAT, WHAT THE FIGURE WAS.

UM, BUT THEN YOU TAKE INTO ACCOUNT TO THE POINT THAT IN THE IT CODE, UM, THE TRANSPORTATION CODE THAT WE LOOK AT TRAFFIC, UM, IT ESTIMATES THAT ABOUT 50% OF THE PEOPLE GOING TO A COFFEE SHOP WOULD BE PEOPLE THAT ARE ALREADY PASSING BY ON ANY GIVEN DAY.

AND SO CUT THAT 119 ABOUT IN HALF.

UM, AND THAT'D PROBABLY BE THE, THE INCREASE IN THE TRAFFIC THAT YOU'D SEE FROM THE STARBUCKS JUST BASED ON ITE CODE, WHICH WE KNOW IS A PERFECT SCIENCE.

BUT THE BEST INFORMATION WE HAVE HALF.

AND HOW MANY, HOW FAR, HOW, WHAT DISTANCE ARE YOU ANTICIPATING THAT WOULD'VE TO COVER? FIVE CAR LENGTHS? ONE CAR LENGTH, 10 CAR LENGTHS.

WHAT? SO WITH, THEY'RE LIMITED BY THE DISTANCE BETWEEN THE CUL-DE-SAC, IT WOULD BASICALLY BE AS MUCH AS THEY CAN FIT IN BETWEEN THE CUL-DE-SAC IN THE DRIVEWAY, WHICH IS ABOUT 250 FEET.

WE HAVE TO HAVE TAPERS AND SUCH.

SO NO, THAT LANE HAS TO BE HOW WIDE MINIMUM 11, I BELIEVE.

I THINK IT'S 11, 11, 12 FEET.

SO 11, 12 FEET TIMES 200 PLUS FEET.

MM-HMM .

SO I LOSE A LOT OF GREEN SPACE THAT WAY TOO.

ON THE, ON THE ROAD.

ON THE ROAD ITSELF.

YES.

THAT'S CORRECT.

AND ONE OTHER QUESTION, UM, 'CAUSE JEFF TOLD US THIS, MAYBE YOU REMEMBERED THE NUMBER.

WHEN HEAR F WAS BUILT AND DESIGNED, THEY ESTIMATED I THINK SEVEN OR 8,000 CARS A DAY, SOMETHING IN THAT RANGE.

AM I CORRECT ABOUT THAT? I, I WAS ROUGHLY, I WAS TRYING TO REMEMBER IN MY HEAD AS WE WERE SITTING DOWN, BUT I WANNA SAY THAT I DON'T HAVE THE FIGURES.

I CAN LIKE PICTURE THE PLANS AND, BUT WE'RE SUPPOSED TO BE ABOUT SEVEN, I THINK IT'S ABOUT THREE TIMES MORE, AND WE'RE NOW AT 25.

MM-HMM .

I THINK IT WAS THREE TIMES MORE TODAY THAN WHAT WAS PROJECTED.

IT WAS PROJECTED AROUND SEVEN OR 8,000, AND NOW WE'RE AT 25,000 A DAY.

SO I'M JUST SAYING THE PROJECTION WAS WAY OFF.

CORRECT.

AND MY ANTICIPATION IS THAT THE PROJECTION FOR THE NEXT 10 YEARS WILL BE WAY OFF TOO, PERHAPS.

YEP.

AS WE'RE TRENDING, THAT WOULD MAKE SENSE.

I DO WANNA SAY SOMETHING AND SPECULATIVELY, OR AT LEAST PHILOSOPHICALLY, I APPRECIATE EVERYTHING THAT'S BEEN SAID HERE.

I APPRECIATE MR. WALTER'S COMMENTS.

AND WE ABSOLUTELY WANT BUSINESSES LIKE STARBUCKS.

THERE'S NOTHING WRONG WITH STARBUCKS.

THIS IS ABOUT THE DRIVE THROUGH, BUT IT WOULD BE REMISS FOR PEOPLE TO FORGET.

WE ARE ELECTED BY THE CITIZENS OF BERNIE, THE TAXPAYERS OF BERNIE, TO DO WHAT'S BEST FOR THE ENTIRE COMMUNITY.

AND THAT INCLUDES THE COUNTY.

THE COUNTY PAID FOR THAT ROAD, THE COUNTY PAID FOR THAT ROAD FROM TAX MONEY FROM COUNTY RESIDENTS, WHICH INCLUDE BERNIE RESIDENTS.

SOMEBODY POSTED ONLINE THAT THE COUNTY PAID AND THE CITY DIDN'T.

WELL, THE CITY DID PAY CITY RESIDENTS PAID FOR THAT ROAD AS WELL.

SO IT, IT'S NOT THAT WE ARE ANTI-ANYTHING, IT'S THAT WE ARE TRYING TO TAKE A HOLISTIC APPROACH TO WHAT THE COMMUNITY SAYS THEY WANT.

ON THE ONE HAND, WE WANT STRUCTURED GROWTH, WHICH YOU'RE OFFERING, WHICH I APPRECIATE, BUT WE ALSO HAVE TRAFFIC ISSUES THAT WE HEAR ABOUT CONSTANTLY.

AND NOBODY WANTS TO BUILD A NEW ROAD.

THERE'S NO, THE HERF ROAD'S, THE ONLY NEW ROAD'S BEEN BUILT IN 50 YEARS.

SO WE CAN'T BUILD NEW ROADS.

SO I, I'M BEING, I'M DOING MY DUE DILIGENCE HERE AS A REPRESENTATIVE OF THE PEOPLE THAT ELECTED US TO SAY I'M GETTING MY 2 CENTS OUT.

SO I DO HAVE CONCERNS STILL.

I DO ABOUT, ABOUT THE TRAFFIC ISSUE AND AGAIN, ABOUT THE PRECEDENT, MAINLY NOT ABOUT THE DRIVE THROUGH, PER SE.

ANY OTHER QUESTIONS FROM COUNCIL? I JUST, I JUST GOT, THERE'S MORE OF A COMMENT.

I JUST, THIS, THIS WAS, YOU KNOW, WE, WE DID, WE LOOKED AT OTHER PROJECTS ON THIS, ON THIS PARTICULAR SITE, AND THEY DIDN'T, WE DIDN'T FEEL THEY FIT.

AND I, I THINK THIS FITS WELL, AGREED.

THIS IS A DRIVE THROUGH ON A, ON A THOROUGHFARE THAT IS GOING TO BE AN IMPORTANT PART OF IT.

BERNIE'S FUTURE, BUT WE'RE TALKING ABOUT THIS IS WE'VE HAD VERY LIMITED GROWTH IN, IN DEVELOPMENT IN THIS COMMERCIAL AREA FOR YEARS.

WE'RE, WE'VE BEEN LOOKING FOR SOMETHING TO BE A CATALYST

[01:00:01]

FOR GROWTH FOR, FOR DEVELOPMENT IN THAT AREA.

AND THIS COULD BE THAT, AND I, I TOTALLY UNDERSTAND THIS IS THE THIRD, FOURTH REQUEST THAT WE, WE HAVE COMING DOWN THE LINE FOR A DRIVE-THROUGH, UH, YOU KNOW, TO THE RIGHT TO THE LEFT, OR JUST ANOTHER 600 FEET DOWN THE ROAD WE COULD TALK ABOUT IN THE FUTURE.

UH, YOU KNOW, HEY, WE'VE GOT, WE ALLOWED STARBUCKS IN, BUT WE DON'T HAVE TO ALLOW THE ARBY'S THAT'S GONNA MIGHT, YOU KNOW, GO DOWN THE STREET 600 FEET DOWN THE ROAD.

WE CAN MITIGATE FUTURE DEVELOPMENT AND FUTURE DRIVE-THROUGHS DOWN THIS WAY.

BUT I, I JUST THINK SAYING NO TO SOMETHING LIKE THIS THAT HAS MET THE, THIS IS THE, THIS IS WHAT WE WANT.

WE'VE SAID WE WANT, UH, I THINK IT MEETS THE NEEDS OF THE, THE, THE DEVELOPMENT AREA.

IT'S WALKABILITY TO, WE'VE GOT A LOT OF, WE'VE GOT THE APARTMENT COMPLEX CLOSE BY DOWN THE STREET.

WE GOT TWO LARGE CAR, UH, CAR APARTMENT COMPLEXES.

I IMAGINE SOMEONE'S GONNA WALK TO THIS PLACE.

UM, IT'S NOT GONNA BE ALL FOOT, UH, ALL DRIVE THROUGH TRAFFIC.

BUT I THINK THE DRIVE THROUGH IS AN IMPORTANT PART OF THIS.

SO I, I JUST, I THINK THAT'S, THEY'VE MET ALL THE RULES.

I THINK IT'S SOMETHING THAT COULD BE GOOD FOR THE COMMUNITY.

I WOULD JUST THINK WE SHOULD RE RECONSIDER BEFORE WE GO THROWING THIS DOWN THE ROAD AS WELL.

UH, QUESTION FOR YOU, M**K.

UM, WHAT'S OUR RIGHT PER SUVS? UM, OBVIOUSLY THE, UM, OWNER MADE IT CLEAR ON THAT, SO MAYBE NOT THAT, BUT, UM, OUR ALLOWANCE TO SAY WE WANT THEM TO FOLLOW UDC RULES ON DESAL LANES.

I'M JUST MAKING ONE UP.

BUT WHAT IS OUR ABILITY TO DO THAT VIA WITH AN SUP? WELL, THE, THE SCS U PS OWNING TOOL IS TO ALLOW YOU TO SET PARTICULAR CONDITIONS THAT ARE SITE RELATED.

SO, UH, YOU WOULD HAVE SOME FLEXIBILITY, UH, TO SET CONDITIONS RELATED TO CUSTOMARY AND TRADITIONAL ZONING ISSUES SUCH AS TRAFFIC CONTROL AND SEPARATION FROM OTHER USES AND SO FORTH.

SO I DON'T THINK YOU COULD SAY COMPLY WITH ALL THE CURRENT, IF UDC YOU, YOU'RE TO LOOK AT PARTIC PARTICULAR CONDITIONS RELATED TO THIS PROPERTY.

AND YOU DO HAVE SOME FLEXIBILITY IN THE SUP PROCESS FOR THAT.

THANKS.

JUST AGAIN, I DON'T THINK WE'RE GONNA APPEASE A HUNDRED PERCENT, BUT MAYBE WE AT LEAST SAY WE'D LIKE THEM TO FOLLOW THE UDC TRAFFIC INFO, WHICH WOULD, I UNDERSTAND THAT THEY'RE SAYING THEY'RE GOING TO DO THE DESAL LANE, BUT I THINK WE'D STILL WANT THAT EITHER WITHIN THE SUP OR LANGUAGE THAT SAYS THEY'RE FOLLOWING THE MOST UP-TO-DATE RULES PER THE UDC.

UM, I'M AGAIN TRYING TO FIND ALMOST A HAPPY MEDIUM HERE.

I JUST DON'T WANNA SEE THAT EXPANDED INTO A LIST OF OTHER RULES THAT MIGHT GO BEYOND A DECELERATION.

COULD WE SIMPLIFY IT JUST TO, THAT THEY CAN DO US DECELERATION LANE, I THINK PER, WELL, MAYBE, I DON'T KNOW.

WELL, THAT'S WHAT P AND Z SAID.

WELL, I, I THINK THERE'S A QUESTION.

I MEAN, RIGHT.

RAISES CONCERN FOR ME IS THE FACT THAT, UM, IF WE WERE TO DO THE SUP RIGHT, BUT ASK THEM NOT TO DO THE RIGHT AND RIGHT TURN LANE, UH, THEY'RE GONNA WALK, RIGHT? SO IT'S NOT REALLY NECESSARILY ABOUT GETTING, GETTING THE DRIVE THROUGH BECAUSE IF WE GIVE THEM THE DRIVE THROUGH OR THE HUB ACCESS, JUST LIKE EVERY OTHER CUL-DE-SAC BACK THERE, BUT IF THEY DON'T GET THAT RIGHT IN, RIGHT OUT RIGHT, THEN THEY'RE GONNA TAKE THEIR, THEY'RE GONNA TAKE THEIR BALL AND LEAVE.

YOU KNOW WHAT I MEAN? UM, AND THAT CAUSES CONCERN FOR ME.

YOU KNOW, IT CAUSES CONCERN FOR ME, WHATEVER WE STIPULATE IN AN SUP, WHETHER THEY'RE GONNA DO THAT OR NOT DO THAT.

RIGHT.

YOU KNOW, WE'VE TALKED ABOUT EVERY BUSINESS THAT COMES INTO BERNIE WANT, THEY WANT TO WORK WITH US, WE'RE WILLING TO WORK WITH THEM.

UH, BUT CLEARLY THAT'S NOT THE CASE IN THIS MATTER.

RIGHT? IF, IF, IF, YOU KNOW, I'M, I'M, I WOULD, I WOULD THINK A DRIVE THROUGH BACK THERE WORKING OFF THE BACKSIDE OF THE ROAD, COMING THROUGH THE CUL-DE-SACS WHERE TRAFFIC MIGHT BACK UP.

I WON'T SAY IT MIGHT, IT WILL BACK UP, RIGHT.

WHETHER YOU HAVE THREE, SIX PARKING LOTS OR NOT, PEOPLE ARE GOING THROUGH A DRIVEWAY 'CAUSE THEY DON'T WANNA GET OUTTA THEIR CAR.

RIGHT.

EVEN IF THEY USE THE APP, RIGHT? UH, I MEAN, I'M JUST SAYING TO ME THE, THE BIGGEST CAUSE OF CONCERN IS THE FACT THAT, YOU KNOW, THEY WANT THE WRITE IN RIGHT OUT AT THIS PART.

IT'S NOT NECESSARILY ABOUT JUST HAVING AN SUP, YOU KNOW WHAT I MEAN? BECAUSE I WOULD BE ALL FORWARD.

ONE, THE DRIVE IF THEY, ON THE BACKSIDE OF THAT IS MAKING SURE THAT THERE WAS NO WRITE-IN RIGHT OUT COMING OFF OF HERF THERE.

THAT WAY ALL THE TRAFFIC WOULD BACK UP THROUGH THE CUL-DE-SAC AND THAT BACK ROAD, AND YOU'D HAVE TWO IN AND TWO OUTS.

UM, BUT CLEARLY THAT'S NOT THE CASE, RIGHT? THAT THEY'RE, IT'S NOT FOR THEM.

IT'S JUST NOT ABOUT THE DRIVEWAY.

IT'S ALSO ABOUT THIS IMMEDIATE ACCESS TO GET THROUGH THE DRIVE THROUGH.

RIGHT.

AND THAT CAUSES CONCERN FOR ME.

WELL, THAT'S A DEVELOPMENT.

I MEAN, THAT'S A, THAT'S A GIVEN THAT'S ALREADY BAKED INTO THE PIE THERE.

I I UNDERSTAND IT'S ALREADY BAKED INTO THE PIE, BUT IT'S NOT, I I WOULD JUST HATE TO, WHAT WE'RE REALLY SAYING THERE IS WE JUST NEED TO FIND A LESS SUCCESSFUL BUSINESS TO PLANT THEMSELVES THERE AND HAVE LESS TRAFFIC.

NO, I I JUST, WHAT, HOW, WHAT, WHAT, HOW DO YOU

[01:05:01]

DO THAT? I DON'T AGREE WITH THAT AT ALL.

I DON'T EITHER.

I I MEAN, I'M I'M JUST GONNA SAY THIS WAY.

I MEAN, TO ME, I WOULD BE HAPPY TO APPROVE THIS.

I WOULD'VE NO PROBLEM WITH IT.

AND I THINK THEY'VE MADE A BEAUTIFUL PRESENTATION.

IF WE WERE TALKING ABOUT A DIFFERENT APPROACH OTHER THAN THE WRITING AND RIGHT, AND I'VE SAID THAT ALREADY.

MR. WALTERS, TO BE FRANK, HAS BEEN VERY CANDID THAT IT'S ALL OR NOTHING.

AND YOU GUYS HAVE SAID THE SAME THING.

I FIND THAT A VERY DIFFICULT POSITION TO DEAL WITH BECAUSE I'M TRYING TO FIND A WAY TO DO IT AND I'M BEING TOLD THAT IT'S, IT'S THIS WAY OR THE HIGHWAY.

AND I, I DON'T PARTLY LIKE THAT.

I DON'T WORK THAT WAY.

I'VE DONE BUSINESS A LOT TOO, GUYS.

AND WHEN SOMEBODY DOES THAT TO ME, I TEND TO SAY, WE'LL TAKE THE HIGHWAY STARBUCKS OR NOT.

THAT'S NOT WHAT I WANNA SAY.

WHAT I WANNA SAY IS I WANNA FIND A WAY TO DO IT.

AND I'M JUST CURIOUS, THIS, IT'S NOT REALLY ABOUT YOU.

I'M JUST CURIOUS, WHAT IS THE, WHAT IS THE, WHAT IS THE HOSTILITY TOS CONNECTING THE CUL? I KNOW THE CUL-DE-SACS COST MONEY, I HEARD ALL THAT, BUT WHAT IS THE HOSTILITY JUST DOING THAT? I JUST DON'T GET IT.

I MEAN, THAT, THAT PUTS BAGGAGE FOR EVERYBODY.

YOU CAN DEVELOP THE WHOLE THING.

I DON'T QUITE UNDERSTAND IT.

I MEAN, IT'S PURELY A, A REQUIREMENT FOR STARBUCKS.

THEY WANT THE, THE, THE RIGHT END, RIGHT OUT LOT WITH, UH, EASY ACCESS RIGHT IN FRONT OF THEIR STORE.

AND IF, AND IF THAT GOES AWAY, THEY'RE, THEY'RE NOT GONNA DO THE PROJECT.

AND SO IT'S NOT, IT'S NOT, IT'S, I'M NOT BEING TAKEN A HARD POSITION ON IT.

OH, I UNDERSTAND.

I'M JUST, I'M JUST THE, THEY ARE CONVEYING THE MESSAGE.

LIKE, IF, IF THAT GOES AWAY, THEN, THEN THEY'RE, THEY'RE OUT AND THEN I CAN'T DO THE PROJECT AND THEN I'LL, I'LL HAVE TO GO FIND SOMEBODY ELSE TO DO.

BUT I MEAN, I'M NOT PUSHING THE HARD LINE PERSONALLY.

IT'S, IT'S COMING FROM, FROM STARBUCKS AS A COMPANY.

OKAY.

THANK YOU FOR THAT CLARIFICATION.

I'D LIKE TO OFFER SOME 2 CENTS.

MARK SANTOS, LJA ENGINEERING.

WE ARE THE APPLICANT, UH, SUPPORTING JUSTIN HERE AND STARBUCKS.

UM, WE ARE CIVIL, NOT TRAFFIC DISCIPLINE, BUT I DO WANT TO TOUCH ON THE TRAFFIC ISSUE.

THERE WAS A, UH, AN APPROVED PREVIOUS TRAFFIC IMPACT ANALYSIS DONE ON THIS ENTIRE DEVELOPMENT AT ULTIMATE DEVELOPMENT.

AND WE'RE TALKING 15 SOME ODD, LOTS NORTH AND SOUTH, COMPLETELY DEVELOPED.

WE'RE TALKING 20, 30 BUSINESSES AND BUILDINGS AND IT'S GONNA BE A BUSTLING AREA AT ULTIMATE DEVELOPMENT.

WHEN HERF ROAD IS COMPLETE, YOU HAVE A BUSTLING AREA.

YOU KNOW, IT'S, IT'S GONNA BE SIMILAR TO THE PEARL IN SAN ANTONIO.

IT'S, IT'S GONNA BE BUSY.

THESE CURB CUTS WERE DESIGNED TO REMOVE TRAFFIC OFF OF HERF.

THEY ARE DESIGNED TO HELP WITH TRAFFIC AND CONGESTION.

HERF ROAD IS, IS AN ARTERIAL THAT IS SPLIT AND IT HAS A MEDIAN.

AND THEY WERE STRATEGICALLY PLACED TO REMOVE TRAFFIC AND HELP WITH CONGESTION, UM, NOT HARM IT.

SO FROM OUR PERSPECTIVE, KIND OF BLACK AND WHITE, WHEN YOU REMOVE THE CURB CUTS, YOU'RE CREATING TRAFFIC IN CONGESTION.

UM, AND IN SUMMARY, THAT TIA ANALYZED THESE CURB CUT POINTS AND IT'S A TOTAL OF EIGHT ACCESS POINTS ON HERF, AND THEY SHOWED NO, UM, NO CONFLICTS.

THE AREA, THE AREAS OF INTEREST WERE AT MAIN AND SAN ANTONIO.

AND THOSE ARE GOING TO BE PART OF MR. WALTER'S PUBLIC IMPROVEMENTS WITH A DIFFERENT UNIT.

SO HE'S GONNA BE REQUIRED TO IMPROVE THOSE AREAS.

BUT THESE CURB CUTS ARE DESIGNED TO HELP AND NOT HARM.

IT'S, IT'S GONNA BE A BUSY AREA.

AND, YOU KNOW, WE GOT STARBUCKS, THE FIRST GUY COMING IN, YOU KNOW, WE GOT HTO, UM, YOU'RE GONNA HAVE A BUSY AREA AND YOU KNOW, THE SPEED LIMIT'S 35, UM, YOU KNOW, THE, THE D CELL LANE'S GONNA HELP.

BUT THESE CURB CUTS WERE DESIGNED TO HELP WITH THAT NOT HARM.

THANKS FOR ADDING THAT.

MARK.

I, I'D LIKE TO ADD TOO TO THAT, THAT WHEN I REVIEWED THAT STUDY THAT THERE WAS ALREADY, UH, COMPONENTS OF THIS RETAIL WITHIN THE MASTER PLAN THAT WAS ACCOUNTED FOR AND APPROVED IN THE ORIGINAL STUDY.

SO IT'S, IT'S NOT LIKE WE'RE TRYING TO BRING IN STUFF THAT WASN'T ALREADY, UH, UH, SORT OF PLAN FOR OR, OR, OR PROJECTED WITHIN THE ORIGINAL STUDY.

SO I THINK THAT THIS WAS ALWAYS PART OF THE PLAN TO HAVE SORT OF THESE TYPES.

THIS ITE TYPE IN THE MASTER PLAN IN VARIOUS, UH, UH, PORTIONS.

THE OTHER THING THAT I JUST WANTED TO BRING UP IS, UH, I KNOW WE'VE SORT OF MOVED ON, BUT THE, THE ACCELERATION LANE, I, I RECENTLY JUST, I KEEP MENTIONING, I JUST FINISHED ONE, UM, A STARBUCKS IN B CAVE THAT ACTUALLY HAS A RIDE AND RIDE OUT OFF OF 71.

AND IT WAS REQUIRED TO HAVE A DESAL LANE IN THOSE CARS.

UM, AND IN THAT STUDY IT ACTUALLY, UH, THEY WOULD NOT ALLOW AN XCEL LANE.

UH, THEY WERE, THERE'S A LOT OF STUDIES NOW SHOWING THAT IT'S, IT'S A LOT LESS SAFE AND CREATES A LOT MORE ACCESS HAVING ACCELERATION LANE AND JUST, JUST THE, THE, THE QUICK SUMMARY ON THAT IS WHEN YOU HAVE AN ACCELERATION LANE, PEOPLE PULL OUT INTO IT IMMEDIATELY AND JUST KEEP GOING.

'CAUSE THEY THINK THEY HAVE THE LANE AND WITHOUT LOOKING, IF THERE'S GAPS IN TRAFFIC AND ALL SUDDEN THEY'RE RUNNING OUT OF SPACE TO MERGE AND THERE'S NOT A SPACE TO COME IN AND THEY GET AN ACCIDENT BY HAVING A RIDE OUT LIKE THIS, IT ALLOWS 'EM TO PAUSE, WAIT FOR THE GAP IN TRAFFIC AND THEN ACCELERATE OUT INTO THE GAP.

AND SO IT'S A LOT SAFER TO DO IT THIS WAY.

YOU, YOU

[01:10:01]

WILL CREATE A LOT MORE ACCIDENTS IF YOU DO HAVE AN ACCELERATION LANE.

AND I JUST KNOW THAT BECAUSE I, I JUST WENT THROUGH THE PROCESS MYSELF.

SO I JUST WANNA BRING THAT UP.

ALRIGHT, THANK YOU.

OKAY.

YEP.

ALRIGHT, ANY QUESTIONS FOR COUNSEL? ALL RIGHT.

WE WILL BREAK FOR OPEN OR GO INTO OPEN, UH, PUBLIC, PUBLIC HEARING AT 7:10 PM IF ANYONE ELSE WOULD LIKE TO COME FORWARD AND SPEAK ON THIS MATTER, PLEASE COME TO THE PODIUM, STATE YOUR NAME, ADDRESS, AND YOU'LL HAVE THREE MINUTES TO SPEAK YOUR MIND ON THE SUP MATTER.

NO ONE WOULD LIKE TO COME FORWARD AND SPEAK FOR THE PUBLIC HEARING.

SO WE WILL CLOSE THE PUBLIC HEARING AT 7:10 PM AND GO BACK INTO GENERAL SESSION.

UH, COUNCIL MEMBERS, DO WE HAVE ANYONE LIKE TO MAKE A MOTION ON THIS MATTER AT THIS TIME? COUNCILMAN SCOTT? I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE DRIVE THROUGH SUP WITH THE STIPULATION THAT A RIGHT IN, EXCUSE ME, THAT THE DECELERATION LANE IS REQUIRED, UH, REQUIRED FOR THE DEVELOPMENT FOR THE APPROVAL OF THE SUP.

WHAT, WHAT ABOUT THE OTHER? NO, NONE.

NONE OF THE OTHER.

OKAY.

CAN WE GET A SECOND MS. YOU HAVE A SECOND? MOTIONS DENIED.

MAY I MAKE AN ALTERNATIVE MOTION TO TRY TO FUND SOME FORWARD MOTION HERE? I WOULD LIKE TO REQUEST THAT WE TABLE THIS UNTIL THE NEXT MEETING.

AND THE REASON I'M SUGGESTING THAT IS NOT THAT I THINK THE FACTS WILL CHANGE, BUT I THINK THAT WE CAN GET A LITTLE BETTER UNDERSTANDING FROM OUR ENGINEERING PEOPLE ABOUT WHAT A DECELERATION LANE IS GONNA LOOK LIKE IN TERMS OF IMPACTING 200 PLUS FEET OF ROADWAY AT A 12, 11 TO 12 FOOT WIDTH.

AND ALSO GET A BETTER HANDLE ON HOW WE THINK THIS IS GONNA WORK GOING FORWARD WITH OTHER PROJECTS.

AND WE NEED SOME LEGAL ADVICE ON THAT, IN MY OPINION, TO SEE WHERE WE STAND GOING, TO YOUR POINT, WHETHER OR NOT WE NEED TO MAKE SOME CHANGES.

SO I DON'T WANNA DENY IT, BUT I THINK WE NEED, I THINK TO, TO BE FAIR TO THE COUNCIL, THIS IS THE FIRST TIME WE'VE HAD THE FULL PRESENTATION.

SO, I MEAN, I REALIZE PEOPLE HAVE BEEN TALKING TO THE PLANNING DEPARTMENT, I UNDERSTAND THE FRUSTRATION, BUT THE BODY THAT MAKES THE FINAL DECISION, THIS IS THE FIRST TIME WE'VE HAD THE FULL PRESENTATION.

SO THERE ARE QUESTIONS WE STILL HAVE.

AND SO I THINK BY TABLING IT FOR JUST TWO MORE WEEKS, WE CAN GET ALL THOSE QUESTIONS ANSWERED TO OUR, HOPEFULLY TO OUR SATISFACTION AND WE CAN COME BACK AND HOPEFULLY COME TO A, A POSITIVE OUTCOME.

'CAUSE I, I, 'CAUSE I DO AGREE THIS IS THE KIND OF BUSINESS WE DO WANT TO HEAR.

I JUST WANNA FIND A WAY TO MAKE IT WORK THAT MAKES SENSE FOR OUR COMMUNITY.

IF THAT'S AGREEABLE, YOU GET A MOTION TO TABLE.

I, OH, I'M MOVING TO WE TABLE FOR TWO WEEKS.

CAN I GET A SECOND? SECOND, SECOND FROM COUNCILMAN ELLISON, PLEASE VOTE.

MOTION TO TABLE THIS TILL NEXT WEEK'S OR TWO WEEKS.

COUNCIL MEETING, UH, PASSES.

FOUR ZERO.

THANK YOU EVERYONE.

CAN I ASK A QUESTION, PLEASE? SURE.

DOES BERNIE, UH, WHEN THE COUNCIL PULLS AN ITEM WITH THE CONSENT OF THE OWNER, BY THE WAY, SO I'M, I'M, I'M, I'M FINE WITH YOU PULLING IT.

DO YOU EVER CONSOLIDATE ALL THREE READINGS INTO, WE'RE TRYING TO MEET TIMELINES AND WE WERE ALREADY DELAYED SIGNIFICANTLY AT THE PLANNING COMMISSION.

UM, IS IT POSSIBLE TO CONSIDER ALL THREE READINGS AT OUR ELECTION? I'M NOT SURE ON THAT.

LORI, WHAT ARE WE TALKING? I DO NOT BELIEVE SO I BELIEVE WE HAVE TO STATE LAW.

IT'S ACTUALLY TWO, IT'S ACTUALLY TWO RATINGS.

SO IS IT A POSTING ISSUE? NO, NO.

WE REQUIRE, UH, OUR CHARTER TWO SEPARATE MEETINGS AT REGULARLY SCHEDULED COUNCIL MEETINGS ON OCCASION WHERE WE'RE DEALING ONLY EXCEPTION TO THAT WOULD BE FOR FINANCING INSTRUMENTS.

SO WE REQUIRE TWO READINGS AT TWO CONSECUTIVE OR TWO REGULARLY POSTED MEETINGS.

SO YOU ALWAYS DO A FIRST READING AND THEN A SECOND AND THIRD.

YES.

SECOND, THERE'S NO THIRD.

OKAY.

THERE'S NO THIRD.

SO THE NEXT MOST CITIES DO THIRDS WELL, THE NEXT MEETING WOULD BE THE SECOND.

YES.

NO, NO, THE FIRST.

WE JUST TABLE FIRST.

OH, OKAY.

I GOTCHA.

GOTCHA.

YEAH.

SO WE'RE, THE GOAL IS TO COME BACK IN THE SAME POSITION THAT WE'RE IN TONIGHT IN TWO WEEKS, CORRECT.

WITH, WITH MORE INFORMATION AND MORE UNDERSTANDING.

THAT'S GREAT COUNSEL.

THAT'S GREAT.

AND I, AND I'M MORE THAN HAPPY TO MAKE MYSELF AVAILABLE ALONG WITH JUSTIN FOR

[01:15:01]

ANY FACE-TO-FACE MEETINGS, UH, THAT YOU WOULD LIKE.

UNFORTUNATELY WE CAN'T GET THERE WITH STARBUCKS WITHOUT THE WRITE IN, WRITE OUT.

AND SO I'M, I'M MORE THAN HAPPY TO ROLL MY SLEEVES UP, WRITE CHECKS, DO WHAT IT TAKES TO MAKE EVERYBODY HAPPY HERE TO, TO, TO GET THIS DONE.

I APPRECIATE IT.

WELL, I THINK THE GOOD NEWS IS, I THINK WE DID THIS SO THAT WE CAN ANSWER SOME MORE QUESTIONS.

SO IT'S, WE'RE NOT AGAINST THIS.

NO, I, I, I, I, I, I'VE GOT IT.

I I'VE BEEN DOING THIS FOR MANY DECADES, SO I I I, I GOT IT.

I ALSO WOULD LIKE FOR YOU TO, WHEN YOU'RE OUT AND ABOUT ON HEAR F IS TO USE THE WRITE IN, WRITE OUT IN SLOSKY AND SEE HOW THAT FUNCTIONS INTO THE DRIVE THROUGH.

I'VE NEVER HEARD A WORD ABOUT LUNCHTIME, PEAK HOURS OR DINNER AT SLOSKY STACKING ONTO HERF FROM ANYBODY ANYWHERE.

AND I THINK THAT THAT PARTICULAR CENTER THERE, UH, DOES EXTREMELY WELL.

APPRECIATE.

THANK YOU.

THANK YOU FOR YOUR TIME, MS. WELL, ALRIGHT, MOVING ON TO A GENUINE ITEM.

SORRY, COUNSEL.

I, ONE MORE FINISHING ITEM.

UM, THANK YOU, UH, FOR, FOR YOUR TIME TONIGHT.

AND, UM, I JUST WANNA FINISH OFF WITH ONE CLOSING THING IS, YOU KNOW, I'VE BEEN DOING THIS FOR, FOR A WHILE AND, AND NORMALLY WHEN WE POST, UH, PUBLIC HEARINGS, UM, WE, WE USUALLY GET A LOT OF OPPOSITION.

YOU KNOW, UH, WE'LL HAVE 10, 15, 20, UH, PEOPLE IN THE COMMUNITY WRITE LETTERS OF OPPOSITION OR SHOW UP IN CONTEST.

AND AS YOU KNOW, EVERYONE CAN SAY, WE, WE DIDN'T GET ANY PUSHBACK ON THIS.

AND I THINK FOR US, THAT WAS A VERY CLEAR, UM, YOU KNOW, FROM ALL THE POSTINGS AND, AND THE NOTICES THAT WENT OUT.

UH, I THINK THE COMMUNITY REALLY WANTS THIS.

THEY SUPPORT IT.

WE HAVEN'T SEEN THE, THE OPPOSITION, THE FEEDBACK.

AND I THINK THAT'S SOMETHING THAT I THINK IF YOU, IF YOU WANT TO TALK TO SOME OF THE LOCALS AND, AND, AND OUR, OUR OPINION IS THAT THIS WAS VERY MUCH SUPPORTED AND WANTED BY THE COMMUNITY.

SO I JUST WANTED TO, TO LEAVE OFF ON THAT.

AND THE, THE, THE LAST THING IS, UM, I DO HAVE, UH, QUITE A FEW, UH, RENDERINGS OF THE PROJECT, UH, THAT ARE, THEY'RE HIGH QUALITY AND I NOTICED ONLY ONE OR TWO OF THEM WERE PRESENTED TONIGHT.

IF YOU GUYS WANT MORE INFORMATION ON WHAT THIS WOULD LOOK LIKE, I'M HAPPY TO PROVIDE THOSE RENDERINGS TO YOU THAT MIGHT MAKE YOU FEEL A LITTLE MORE EXCITED ABOUT WHAT'S TO COME.

SO THANK YOU.

THANK YOU.

[6. COMMENTS FROM COUNCIL – No discussion or action may take place.]

MOVING ON TO AGENDA ITEM NUMBER SIX, COMMENTS FROM COUNCIL.

ANY COMMENTS FROM COUNCIL? COUNCIL OLSON, OF COURSE.

THAT'S A GREAT ONE.

'CAUSE I WASN'T , I WASN'T HERE LAST MEETING.

I JUST WANTED TO THANK COUNCIL FOR, UM, ELECTING MAYOR PROTE AGAIN.

I APPRECIATE IT.

YOU KNOW, SO OBVIOUSLY CONGRATS TO YOU GUYS AGAIN SINCE I MISSED LAST MEETING.

SO THAT'S IT.

ALL RIGHT.

THANK YOU COUNCILOR WILSON.

COMMENTS FROM COUNCIL? OH, HAPPY, HAPPY FATHER'S DAY TO THE FATHERS OUT THERE.

UM, IF YOU'RE LOOKING FOR STUFF TO DO THIS WEEKEND, DOSS FESTIVAL, THIS IS GONNA BE THIS WEEKEND.

SO RAIN OR SHINE MAKE COULD POINT TO GET OUT THERE FRIDAY, SATURDAY OR SUNDAY.

ALL, ANY

[7. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:]

COMMENTS ALL WE'RE GONNA MOVE INTO, UH, AGENDA ITEM NUMBER SEVEN, EXECUTIVE SESSION SEVEN A 2025 DASH 2 51, SECTION 5 51 0 7 1.

CONSULTATION WITH CITY ATTORNEY, POTENTIAL IMMINENT DOMAIN DISCUSSION.

AND THEN SEVEN B 2025 DASH 2 52.

SECTION 5 5 1 0 8 7 DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS.

CONSIDERING AN OFFER OF FINANCIAL INCENTIVES TO A COMMERCIAL ENTITY CONSIDERING DEVELOPMENT WITH ANY STATE LIMITS AND OR THE ETJI 10 FRONTAGE.

WE'LL OFFICIALLY BREAK FOR EXECUTIVE SESSION AT 7:18 PM THANK YOU EVERYONE.

WE'LL

[8. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]

OFFICIALLY RECONVENE AN OPEN SESSION TO, JUST TO MAKE A MOTION ON AGENDA ITEM EIGHT, OR NO, SORRY, SEVEN A.

ARE WE GOING BACK TO RIGHT? SEVEN A LORI? EIGHT A.

EIGHT A.

OH YEAH.

LEMME FLIP MY PAPER OVER.

THERE WE GO.

EIGHT A 2025 DASH 2 64.

CONSIDER RESOLUTION NUMBER 2025 DASH R 40 RESOLUTION OF THE CITY OF BURN TEXAS AUTHORIZING THE USE OF EVIDENT DOMAIN ON TO REQUIRE A FEE TITLE OF LAYING OUT OF, OUT OF A CON CALLED BLAH, BLAH BLAH AS DESCRIBED BY DEED RECORDED AND OFFICIAL PUBLIC RECORDS OF KENDALL COUNTY, TEXAS.

UH, DR.

MI GET A MOTION.

I AMEND A MOTION OR COUNCILMAN WILSON.

MAYOR, IF YOU ENTERTAIN A MOTION.

YES, I'D MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2025 DASH R 40 A RESOLUTION OF THE CITY OF BERNIE AUTHORIZING THE USE OF IMMINENT DOMAIN TO ACQUIRE FEE SAMPLE TITLE TO 0.3816 ACRES OF LAND OUT OF A CALLED 8.5 ACRE TRACT AS DESCRIBED BY DEED KINDLE, OH SORRY, DEED RECORDED IN VOLUME 10 34 PAGES 6 0 7 OFFICIAL RECORDS OF KINDLE COUNTY, TEXAS, LOCATED IN THE MARIA IGNACIO

[01:20:01]

LEO SURVEY, ABSTRACT 2 98, CITY OF BURNING, KENDALL COUNTY, TEXAS DEPICTED AND DESCRIBED IN EXHIBIT A AND B THERETO ALONG WITH TEMPORARY CONSTRUCTION EASEMENTS, EXHIBIT C AS PART OF THE ADLER ROAD IMPROVEMENT PROJECT TO ADVANCE AND ACHIEVE THE PUBLIC USE OF ADLER ROAD AND THE SAFE AND EFFICIENT MOBILITY OF THE PUBLIC EMERGENCY AND LAW ENFORCEMENT VEHICLES IN CITY SUPPORT PERSONNEL AND TO ADVANCE THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC.

SECOND COUNCIL MACALUSO, PLEASE VOTE.

MOTION PASSES FOUR ZERO.

THANK YOU EVERYONE.

THERE'S NO FURTHER COMMENTS FROM COUNCIL.

WE WILL OFFICIALLY ADJOURNED AT, UH, 8:41 PM THANK YOU EVERYONE.