[1. CALL TO ORDER – 6:00 PM]
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IT IS OFFICIALLY 6:00 PM ON TUESDAY, SEPTEMBER 23RD TO THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF BURN, TEXAS.
WOULD YOU PLEASE JOIN ME IN A PRAYER? GRACIOUS GOD, WE GIVE YOU THANKS FIRST FOR YOUR SON'S JESUS CHRIST.
AND WE GIVE YOU THANKS FOR THE OPPORTUNITY TO BE HERE, TO BE IN SERVICE TO THIS COMMUNITY AND TO ONE ANOTHER.
UH, OPEN OUR HEARTS, GUIDE OUR MINDS, GUIDE OUR THOUGHTS AS WE HAVE DISCUSSION ABOUT THE COMMUNITY, ABOUT THE EVENTS, THINGS THAT ARE GOING ON AT THE, THE, UH, EVERYDAY DAY-TO-DAY OPERATIONS TO SAY THAT YOU GIVE US A GUIDANCE AND WISDOM THAT WE, UH, LEAD WITH EXCELLENCE IN OUR HEARTS AND, AND OPENNESS IN OUR DISCUSSIONS THAT WE DECIDE WHAT IS BEST FOR THIS COMMUNITY, TOGETHER WITH UNITY WITH THE COMMUNITY.
FIRST, YOUR PRECIOUS NAME, WE PRAY.
WOULD YOU JOIN ME IN A PRAYER, UH, PLEDGE, ALLEGIANCE, AND THEN TO THE TEXAS FLAG? I PLEDGE ALLEGIANCE, ALL FLAG THE UNITED, UNITED STATES AND TO REPUBLIC, REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY.
I PLEDGE ALLEGIANCE TO BE TEXAS.
[2. ADMINISTER OATH OF OFFICE – KYLE MICKELSEN, COUNCIL MEMBER DISTRICT 3]
ON TO AGENDA ITEM NUMBER 2, 20 25 DASH FOUR 18.WE'RE GONNA ADMINISTER THE OATH OF OFFICE TO KYLE MICKELSON, WHO WILL BE JOINED OUR CITY COUNCIL AT MEMBER DISTRICT THREE.
UH, LORI, RAISE YOUR RIGHT HAND.
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS, I, KYLE NICHOLSON, DO SOLEMNLY SWEAR, DO SOLEMNLY SWEAR THAT I'LL FAITHFULLY EXECUTE THE DUTIES THAT I'LL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF CITY COUNCIL DISTRICT THREE OF THE OFFICE OF CITY COUNCIL, DISTRICT THREE OF THE CITY OF BURN, OF THE STATE OF TEXAS, OF THE CITY OF BERNIE, OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION, PRESERVE, PROTECT, AND DEFEND THE CONSTITUTION AND THE LAWS OF THE UNITED STATES AND OTHER STATES.
SO ME, GOD, AND THE LAWS OF THE UNITED STATES AND THE STATES.
WE'LL MOVE ON TO AGENDA ITEM NUMBER THREE.
COUNCIL MEMBERS, DO YOU HAVE ANY CONFLICTS OF INTEREST TONIGHT? NO.
[4. 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)]
ALL RIGHT.MOVING ON TO AGENDA ITEM NUMBER FOUR, PUBLIC COMMENTS.
I WANNA REMIND EVERYONE PER THE CITY CHARTER AND STATE LAW THAT YOU WILL HAVE THREE MINUTES TO, TO GIVE YOUR PRESENTATION.
YOU'LL COME FORWARD TO THE PODIUM.
UH, YOU STATE YOU WILL STATE YOUR NAME AND YOUR ADDRESS, AND YOUR THREE MINUTES WILL BEGIN.
AT THAT POINT IN TIME, UH, WE WILL NOT BE, UH, SEATING TIME TO ONE ANOTHER, SO IF YOU COME FORWARD, YOU WILL SPEAK, NOT BE ALLOWED TO GIVE THAT TIME TO SOMEONE ELSE.
AND THEN ALSO, JUST FOR ANYONE THAT'S WANTING TO COME FORWARD, YOU CAN OPEN THIS MEETING IS OPEN TO ANY, YOU CAN SPEAK TO ANYTHING THAT'S COMING ON THE AGENDA, BUT THERE IS NOTHING ABOUT BUCKY'S THAT IS ON TO SEE HIS AGENDA TONIGHT FORWARD.
BUT IF YOU'D LIKE TO COME FORWARD AND SPEAK TO THAT MATTER, PLEASE COME FORWARD TOO.
UM, I THINK THERE WAS ONE MORE THING I WAS GONNA SAY.
WE CAN'T SAY ANYTHING ABOUT IT.
AND I WANNA REMIND YOU AS YOU SPEAK, YOU CANNOT, UM, DURING PUBLIC COMMENTS, YOU CAN ADDRESS THE COUNCIL, BUT NONE OF THE COUNCIL MEMBERS CAN ADDRESS YOU BACK DURING THESE THREE MINUTES.
THAT BEING SAID, OUR FIRST SPEAKER THIS EVENING, UM, IS LANCE KYLE.
SIR, DO WE NEED TO BEND THIS BACK THIS DIRECTION? YEAH, AS LONG AS YOU CAN.
UH, GOOD EVENING, MAYOR RICHIE.
THIS IS MY FIRST, UH, APPEARANCE BEFORE YOU MAYOR.
CONGRATULATIONS ON YOUR, UH, RECENT, UH, UH, WIN A FEW MONTHS BACK.
UH, COUNCILMAN MACALUSO, BUNKER MICKELSON.
WELCOME, MS. MR UH, COUNCILMAN MICKELSON, TY AND, UH, JOE.
MY ADDRESS IS 2 2 6 KEKE CAVERNS ROAD.
UM, I'M SPEAKING ABOUT BUCKYS TONIGHT, LIKE A LOT OF PEOPLE.
UM, NINE YEARS AFTER SIGNING THE BUCKYS DEAL, THE CITY OF BERNIE RELEASED A PROJECT BRIEFING ON AUGUST 27TH, 2025.
ON SEPTEMBER 2ND, CITIZENS SUBMITTED 12 PAGES OF DOCUMENTED DEFICIENCIES TO CITY OFFICIALS.
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ON SEPTEMBER 12TH, THE CITY QUIETLY POSTED AN ADDENDUM PRIMARILY TO SUPPORT THE QUESTIONABLE APPROVAL OF THE BUCKY 75 FOOT TALL SIGN YEARS EARLIER.MEANWHILE, CITIZENS HAVE FILED RECORD REQUESTS UNDER THE FREEDOM OF INFORMATION ACT.
MANY OF THOSE SAME RECORDS NEVER RELEASED NOW APPEAR IN THE CITY'S LATEST BRIEFING.
NINE YEARS INTO THIS DEAL, CITIZENS STILL DO NOT KNOW WHAT BUCKY'S INTENDS TO BUILD.
KEY QUESTIONS REMAIN NUMBER ONE, HOW MANY FUEL PUMPS WILL THERE BE? THE 2016 CONTRACT SAYS AT LEAST 90 CITY STAFF, DECEMBER SAID A HUNDRED, A FEW WEEKS LATER, WE HEARD 110.
THE SEPTEMBER 12TH TRAFFIC STUDY USES THE NUMBER OF ONE 40, WHICH IS IT? CITIZENS OF BERNIE DESERVE TO KNOW.
NUMBER TWO, HOW MANY FUEL STORAGE TANKS WILL THERE BE WITH DAILY FILLING FOR 90 PUMPS? THERE WILL BE APPROXIMATELY A HUNDRED THOUSAND GALLONS STORED WITH EVERY OTHER DAY FILLING FOR 140 PUMPS.
WE MAY BE TALKING MILLIONS OF GALLONS STORED, WHICH IS IT? CITIZENS OF BERNIE, AGAIN DESERVE TO KNOW WILL THERE BE FUELING FOR 18 WHEELERS? THE CITY SAYS, FUELING OF 18 WHEELERS ARE PERMITTED FOR ARE PROHIBITED EXCEPT DELIVERY TRUCKS.
THE CONTRACT SAYS ONLY THAT FUELING OF 18 WHEELERS WILL NOT BE PROMOTED.
CITIZENS OF BERNIE DESERVE TO KNOW.
NUMBER FOUR, WILL THERE BE ADDITIONAL RETAIL STORES? THE CONTRACT SAYS BUCKY'S MAY SUBDIVIDE AND COLLECT THE SAME TAX REBATE ON FOUR RETAIL PAD SITES.
THE CITY SAYS, BERNIE'S PLAT SHOWS NO RETAIL.
BUCKY'S TRAFFIC STUDY SAYS FOUR RETAIL PADS ARE PLANNED, WHICH IS TRUE.
CITIZENS OF BERNIE, AGAIN DESERVE TO KNOW.
NUMBER FIVE, CAN WE RELY ON VERBAL PROMISES? WE'VE BEEN TOLD COMMITMENTS EXIST IN SIDE TALKS AND EMAILS ON SEPTEMBER 8TH.
THE CITY ATTORNEY SAID, THOSE TALKS HAVE NO LEGAL STANDING.
THIS IS BERNIE, TEXAS NOT TV'S, MAYBERRY OR FD.
NINE YEARS INTO THE BUCKY'S DEAL, THE PAPERWORK SHOULD BE IN ORDER.
THE DEAL SHOULD BE WELL-DOCUMENTED.
TERMS SHOULD BE CLEAR AND WELL KNOWN.
CITIES OF BERNIE DESERVE TO KNOW.
FINALLY, NUMBER SIX, WHAT ABOUT THE NEIGHBORS? B, BUCKY'S AND BERNIE MAY BE THE ONLY BUCKY'S IN AMERICA BORDER A NEIGHBORHOOD, AN UPSCALE NEIGHBORHOOD BY THE WAY OF MANGER SPRINGS.
AND TO SOME EXTENT, REGION PARK.
YET RESIDENTS HAVE BEEN IGNORED.
THE CITY SAYS THROUGHOUT 2021, BUCKYS AND THE CITY FACILITATED DISCUSSIONS WITH THE MANGER SPRINGS.
HOA ONE FORMAL MEETING WAS HELD IN 2017 WITH ZERO FOLLOW UP AT A RECENT MEETING REQUESTED BY HOMEOWNERS.
BUCKYS CHOSE TO SKIP IT COMPLETELY.
CITIZENS OF BERNIE DESERVE TO KNOW.
IN CONCLUSION, BUCKY'S WILL NEVER SEE A DEAL THIS WEEK AGAIN.
UH, IT'S THE ONLY ONE I KNOW OF THAT'S 20 YEARS LONG.
MOST OF THEM ARE FIVE TO 10 YEARS.
CAN I JUST A FEW MORE SECONDS.
MAYOR, THE COUNCIL MUST ACT, PUT GUARDRAILS IN PLACE.
STOP ANY SLOPPY WORK, STOP THE BENDING TO BUCKY'S, PROTECT THE CITIZEN CITIZENS OF BERNIE, PROTECT THEIR HEALTH, SAFETY, AND WELFARE.
OUR NEXT SPEAKER IS SUE AKRON.
PLEASE COME FORWARD AND STATE YOUR NAME AND ADDRESS IN YOUR THREE MINUTES.
MY NAME IS SUE EKLUND, FIVE 12 EAST BLANCO.
ANOTHER PROPERTY IN KETTLE COUNTY AT 4 0 2 WHITWORTH.
UH, I ACTUALLY WAS NOT GONNA SPEAK COMING IN, BUT I FEEL COMPELLED TO ACTUALLY ADDRESS SOME OF THE THINGS THAT, IN MY OPINION, THIS IS JUST NOT A GOOD IDEA FOR THE CITY OF BERNIE.
AND BASED OFF OF MY EXPERIENCE, IF YOU GO DOWN TO GONZALES, TO THE BUCKY'S AT THAT LOCATION, WHICH IS FAIRLY LARGE, UM, I DON'T KNOW, COMPARABLE AS FAR AS HOW MANY PUMPS, STORAGE TANKS, ET CETERA.
HOWEVER, I'VE BEEN DOWN THAT WAY MANY, MANY TIMES.
NO MATTER IF I GO DOWN PAST IT ON A SUNDAY MORNING ON A HOLIDAY, MIDDAY, NIGHTTIME TRAFFIC ON I 10, AND THEN GONZALEZ.
IT'S A PRETTY, UH, REMOTE AREA.
YOU ARE EXPERIENCING SIGNIFICANT TRAFFIC DELAYS.
AND I CAN'T IMAGINE BRINGING THAT KIND OF MODEL IN HERE WITHIN BURNING ON I 10 AND 87.
UM, THAT'S GOING TO ONE, CREATE SIGNIFICANT TRAFFIC EVEN WITH THE IMPROVEMENTS THAT THE STATE HAS BEEN DOING AROUND THAT AREA.
I THINK ANY BUSINESS COMING INTO BERNIE NEEDS TO RESPECT THE CITIZENS OF BERNIE AND THIS COUNCIL AND OUR CO COMPLIANCE LAWS.
AND WE SHOULD NOT MAKE AN EXCEPTION.
I UNDERSTAND MEAN BUCKY'S BY NAME HAS A GREAT BRAND.
THEY WILL PULL THE, THE OTHER CUSTOMERS IN, IN ANY CASE, BUT EXCEEDING THAT LIMIT IN THE SIGNAGE, IT'S, UH, YOU KNOW, IT, IT, IT'S A SORE EYE.
IT'S, YOU KNOW, CREATING ANOTHER POSITION.
I'M SURE IT'S GONNA BE LIGHTED.
WE GO INTO MY THIRD POINT AROUND DARK SKIES.
I MOVED TO BERNIE 16 YEARS AGO, AND WHEN I WALKED OUTTA MY HOUSE AT NIGHT, I COULD SEE THE MILKY WAY.
I CAN NO LONGER SEE THE MILKY WAY.
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THAT BECAUSE WE CONTINUE TO BRING IN GROWTH, WHICH I'M NOT OPPOSED TO, I THINK WE SHOULD.HOWEVER, I DON'T THINK WE'RE DOING IT SMARTLY.
AND I THINK FOR THE DARK SKIES, AGAIN, THIS IS THE WISH OF THE BURNING CITIZENS, AND IT'S PART OF OUR CO COMPLIANCE THAT BUCKY SHOULD ADHERE TO.
WE ALL LOVE THEIR BATHROOMS, BUT THIS IS NOT THE SPACE FOR BUCKY'S.
AND THEN IN ADDITION TO WHAT LANCE STATED JUST AROUND SOME OF THE FACTS, YOU LOOK AT BRINGING THE EQUIVALENT OF 15 GAS STATIONS INTO ONE LOCATION BEHIND MANGER SPRINGS AND REGENT PARK.
AND YOU LOOK AT THE AIR CONTAMINATION, YOU'RE GONNA LOOK AT CONTAMINANTS AROUND FUEL OIL, WHEN IT RAINS, WHEN WE HAVE DROUGHTS, ALL THAT RUNOFF IS GONNA GO INTO OUR ENVIRONMENT.
AND I JUST DON'T THINK THIS IS A GREAT IDEA.
UH, YOU KNOW, I THINK HAD I BEEN MORE AWARE BACK IN 2016 WHEN THIS WAS HAPPENING, I PROBABLY WOULD'VE COME TO SPEAK TO SAY SIMILAR THINGS THAT I'M DOING RIGHT NOW.
BERNIE IS NOT THE PLACE FOR THIS.
I WOULD SUPPORT TELLING BUCKY TO SELL THAT LAND, GO OUT AND PUT THEIR PLACE SOMEPLACE BETWEEN KERRVILLE AND COMFORT.
OUR NEXT SPEAKER SENIOR IS, UH, BRIAN GILROY.
BRIAN, PLEASE COME FORWARD, SIR.
UM, I'M NOT HERE TO TALK ABOUT BUCKY'S, SO I HATE TO INTERRUPT THE PARTY, BUT, UH, I LIVE AT 35 OLD SAN ANTONIO ROAD, UM, WHICH IS PART OF THE, IT'S THE HERITAGE DISTRICT, UH, HERE IN BERNIE.
AND THE AREA THAT I LIVE IN, IT'S SURROUNDED BY CONSERVATION EASEMENTS.
UM, MY, MY NEIGHBORS ARE THE SLO NATURE CENTER, THE SLO PRESERVE, AND THE CITY OF BURN AT THE WATER TREATMENT PLANT.
AND THE REASON THAT I'M HERE TONIGHT IS THAT THE PROPERTY THAT I LIVE ON, I'VE SPENT A TREMENDOUS AMOUNT OF TIME TRYING TO IMPROVE THE PROPERTY, MAKE THE PROPERTY LOOK BETTER.
IT'S RECENTLY BEEN LISTED ON THE NATIONAL REGISTER OF HISTORIC PLACES FOR TWO REASONS, ONE OF WHICH IT'S AN OLD HERF HOUSE.
UH, IN ADDITION TO THAT, THERE'S A NATIVE AMERICAN CAMPSITE THAT WAS IDENTIFIED WHEN THE CITY BUILT THE WATER TREATMENT PLANT NEXT DOOR, AND IT EXTENDS ONTO MY PROPERTY.
SO I WENT THROUGH THE PROCESS OF GETTING THIS, UH, REGISTRATION DONE WITH THE, WITH THE, WITH THE COUNTRY.
SO, UM, THE REASON THAT I'M HERE IS THAT SINCE 2023, UM, I'VE EXPERIENCED TWO FLOODS FROM THE WATER TREATMENT PLANT.
THESE WERE TWO SEPARATE INCIDENTS FROM TWO SEPARATE LOCATIONS, UH, AT THE WATER PLANT.
AND I'VE HAD TO SEND MORE THAN 50 EMAILS TO, UM, ONE OF THE EMPLOYEES.
I'M NOT GONNA LIST THEM BY NAME BECAUSE IT'S NOT PERSONAL, UM, NOTIFYING THEM OF THE ONGOING ODOR THAT'S COMING FROM THE PLANT.
AND I, I'M NOT THE ONLY NEIGHBOR THAT'S DEALING WITH THIS ODOR.
UH, THE MEXICAN RESTAURANT ACROSS THE STREET IS DEALING WITH IT, THE NEIGHBOR ACROSS THE STREET FROM ME AS WELL.
AND, UM, I WAS ACTUALLY INVITED OVER TO THE PLANT TO TAKE A TOUR TO SEE HOW IT OPERATES, BECAUSE SUPPOSEDLY AFTER THIS CITY SPENT, I THINK, $20 MILLION BUILDING IT, IT'S SUPPOSED TO BE ODOR FREE.
AND DURING THAT VISIT THAT I WAS, DURING THAT VISIT, UM, AS I WAS SHOWN AROUND, THERE WERE TWO THINGS THAT STOOD OUT, ONE OF WHICH WERE EMPTY CONTAINERS THAT ARE USED FOR SOLID WASTE.
AND THESE WERE CLEAN CONTAINERS.
THE CONTAINERS THAT THE ODOR COMING FROM THEM WAS SO OVERWHELMING, UH, WE COULDN'T GET WITHIN 50 YARDS OF THEM, AND THE EMPLOYEES THEMSELVES WERE SURPRISED AT THE ODOR.
IN ADDITION TO THAT, THERE'S A MULCH FIELD, WHICH IS EMITTING SOME TYPE OF GAS OR SOMETHING LIKE THAT, AND IT'S PUTTING OUT ODOR AS WELL.
AND SO THE POINT OF, OF MY ATTENDANCE HERE IS THAT AFTER TRYING TO WORK THIS OUT WITH THE WATER TREATMENT PLANT, UM, AND NOT GETTING ANY ANSWERS, NOT FINDING ANY REAL SOLUTIONS, THE CITY HOLDS ITS CITIZENS TO A VERY HIGH STANDARD WITH REGARDS TO HOW WE BEHAVE AND HOW WE INTERACT WITH OUR NEIGHBORS.
AND I'D JUST LIKE, I WOULD LIKE TO REQUEST THAT THE CITY DO THE SAME.
YOU GUYS ARE MY NEIGHBOR, AND I DON'T THINK IT'S REASONABLE THAT WHEN I'M LIVING WITHIN THE CITY LIMITS THAT I'M HAVING TO DEAL WITH THIS ONGOING ODOR ALL THE TIME FROM A FACILITY THAT'S SUPPOSED TO BE ODORLESS WHILE I'M IN THE MIDDLE OF WHAT IS REFERRED TO AS THE HERITAGE CORRIDOR, WHERE WE'RE PROTECTING OPEN SPACES AND MANGER SPRINGS AND CIAU CREEK.
AND IT'S, IT'S SUPPOSED TO BE SOMEWHAT OF A, A NATURE ORIENTED ENVIRONMENT.
UM, AND THIS ONGOING ODOR IS JUST RUINING THAT.
SO I WOULD APPRECIATE SOME ATTENTION TO THIS.
THANK YOU VERY MUCH FOR YOUR TIME AND YOUR SERVICE.
OUR NEXT SPEAKER IS PAULA RIKER.
I LIVE AT 1 0 1 CREEK SPRINGS.
I THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT.
UH, TONIGHT I WILL ADDRESS A SUBJECT WHICH IS REALLY KEY TO THE ENTIRE BUCKY'S DEBATE, AND THAT IS THE
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SUBJECT OF VESTED RIGHTS IN THE CITY MANAGER'S BRIEFING.IT IS STATED ON PAGE FOUR, THE EDA REQUIRED BUCKY'S TO COMPLY WITH ALL APPLICABLE CITY ORDINANCES AND PERMITTING STANDARDS UPON SUBMITTAL OF FIRST DEVELOPMENT APPLICATION.
UM, I ASK EACH OF YOU TO PLEASE LOOK AT THE CONTRACT YOURSELF.
ARTICLE FOUR, SECTION THREE, PAGE EIGHT.
YOU WILL NOT FIND THIS LANGUAGE.
INSTEAD, YOU WILL FIND THE FOLLOWING WORDS, COMPANY WAIVES ANY STATUTORY CLAIM UNDER CHAPTER 2 45 OF THE TEXAS LOCAL GOVERNMENT CODE.
IT'S NOT CLARIFYING A SENTENCE BEFORE IT OR AFTER IT, IT STANDS ALONE.
SO THE QUESTION IS WHETHER BUCKY'S WILL BE HELD TO THE 2019 ORDINANCES OR THE 2021 UNIFIED DEVELOPMENT CODE, WHICH IS A MUCH MORE, MUCH BETTER DEFINED ON DARK SKIES, SIGNAGE, SETBACKS, TREES, NOISE, AND ENVIRONMENTAL, UH, PROTECTIONS.
THE SAME ISSUES ON THE TABLE TODAY.
EMAILS SHOW THAT AS RECENT AS TWO YEARS AGO, CITY STAFF WAS DIVIDED ON WHETHER OR NOT BUCKY'S WAIVED THEIR VESTED RIGHTS.
THREE, 2023 EMAILS HIGHLIGHT DIVISION OVER WHICH ORDINANCES APPLY TO BUCKY'S.
ON JULY 18TH, BUCKY STAN BEARD WROTE TO CITY STAFF THAT HE THOUGHT BUCKY'S WAS SUBJECT TO 2016 ORDINANCES ON AUGUST 25TH.
AND ASSISTANT CITY MANAGER WROTE THAT THE AGREEMENT AND I QUOTE, WAS A WAIVER OF ALL VESTING RIGHTS, NOT JUST USING THE AGREEMENT AS A PERMIT.
IT SEEMINGLY REMOVED CHAPTER 2 45 VESTING ENTIRELY.
THEN ON SEPTEMBER 11TH, THE SAME ASSISTANT CITY MANAGER WROTE, EXCUSE ME, ASSISTANT CITY MANAGER, WROTE TO THE CITY MANAGER THE THREE 80 AGREEMENT.
AND I QUOTE, IT DOESN'T ALLOW VESTING TO THE EXECUTION DATE 2016.
SO WE ARE USING THE PRELIMINARY PLA DATE OF OCTOBER 8TH, 2019.
IT COULD BE ARGUED THAT THE THREE 80 OR THE BUCKY'S CONTRACT DOESN'T ALLOW ANY VESTING FOR THE PROJECT.
AS, AND LISTEN TO THIS, THE GOAL WAS TO HAVE THE MOST CURRENT REGULATIONS APPLY TO THE PROJECT, BUT THAT MAY BE A HARD SELL.
SO IF THE LANGUAGE IN THE BUCKY'S CONTRACT ABOUT WAIVER OF VESTED RIGHTS WAS LONG ESTABLISHED, WHY DO CITY EMAILS OF JUST TWO YEARS AGO REFLECT THAT IT WAS FAR FROM SETTLED, WHICH ORDINANCES APPLIED TO BUCKY'S? THE VESTING DATE OF 2019 IS NOT AN LEGAL ABSOLUTE.
STAFF KNEW THE WAIVER COULD BE FULLY ENFORCED, SUBJECTING BUCKY'S TO CURRENT ORDINANCES, BUT THE CITY COMPROMISED AGAIN, NOT UNLIKE THE COMPROMISE WE SAW IN THE QUESTIONABLE 75 FOOT BUCKY SIGN APPROVAL AFTER COUNSEL DISAPPROVED A SIGN JUST TWO FEET TALLER, THIS VESTING COMPROMISE WAS AGAIN, IN FAVOR OF BUCKY'S ASSIGNING A 2019 VESTING DATE.
INSTEAD OF APPLYING TODAY'S STRONGER STANDARDS, I'M ALMOST FINISHED.
THE VESTING ISSUES WITH THE BUCKY'S CONTRACT EXTEND BEYOND WHAT I HAVE TIME TO DESCRIBE IT IS TIME TO BRING IN AN INDEPENDENT ATTORNEY TO PROVIDE AN UNBIASED OPINION ON THE LEGAL MERIT OF THAT CLEAR, CAPITALIZED CONTRACT LANGUAGE.
WAIVING BUCKY'S CHAPTER 2 45 RIGHTS, AS WELL AS THE OTHER ASPECTS OF VESTED RIGHTS THAT HAVE BEEN RAISED BY OTHERS COUNCIL MEMBERS.
WE KNOW YOU DID NOT EXECUTE THE BUCKY'S CONTRACT, BUT WE ASKED YOU TO EXECUTE THE CONTRACT AS WRITTEN, NOT AS NEGOTIATED TO SATISFY BUCKY'S.
WE ASK YOU TO LET YOUR LEGACY BE ONE OF DOING RIGHT BY THE CITIES, BY THE CITIZENS OF BERNIE.
HI, I AM BRENDA AL, 4 0 8 OAK PARK DRIVE.
I THANK YOU FOR THE OPPORTUNITY TO SPEAK WITH YOU.
AND AGAIN, WE'RE ON THE TOPIC OF BUCKY'S.
UM, AND LISTENING TO PEOPLE, IT SOUNDS LIKE EVERYBODY'S GOT A LOT OF EDUCATION FAR MORE THAN I DO, AS FAR AS STATISTICS, HOW THIS AFFECTS BERNIE.
SO I'M COMING BEFORE YOU, JUST AS A CITIZEN OF BERNIE AND WHAT IT WOULD I THINK IMPACT PEOPLE AS JUST A REGULAR CITIZEN.
UM, I KNOW THAT BUCKY'S, THAT I'VE BEEN TO INTERSECTIONS LIKE IN BRAUNFELS, KATIE, WHAT THAT LOOKS LIKE.
AND MY HUSBAND'S A LOVES TO GO TO BUCKY'S.
IF WE GO SEE ONE OF THE KIDS IN AUSTIN, HE LOOKS LIKE, LET'S STOP BY BUCKY'S.
ON THE WAY BACK, I LOOK AT IT AS A NIGHTMARE 'CAUSE OF THE WHOLE INTERSECTION, THE WHOLE ORDEAL GETTING IN AND OUT.
SO I WOULD THINK THAT ALONE, THAT WOULD BE OUR MAIN ENTRANCE COMING INTO BERNIE, PEOPLE COMING IN, THAT'S WHAT THEY WOULD SEE A BERNIE BATHROOM BREAK AT, AT BUCKY'S AND GAS STOPS.
SO TO ME, THAT TAKES AWAY A LOT OF THE CHARACTER OF BERNIE.
UM, I MOVED HERE AS A RECENT WIDOW WITH MY SON GOING ON, I GUESS ABOUT 10 YEARS AGO.
AND I ACTUALLY THOUGHT THIS FELT LIKE MAYBERRY.
AND TO ME, A LOT OF IT STILL DOES.
UM, THERE'S A LOT OF, UM, JUST PEOPLE REALLY
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PROUD OF BEING CITIZENS OF BERNIE.THERE'S A LOT OF FAITH BASED IN BERNIE, AND, AND I REALLY APPRECIATE THAT.
I THINK THAT BY ADDING SOMETHING WITH THE QUALITY OF LIKE BUCKY'S AND WHAT THAT MEANS AS AN ENTRANCE TO BERNIE REALLY DIMINISHES THE CHARACTER THAT WE HAVE.
I KNOW THAT THERE'S GONNA BE GROWTH.
I KNOW THAT WE'RE GONNA HAVE FAST FOOD PLACES AND THINGS COMING IN ALL ALONG.
UM, I REALLY THINK THAT WE NEED TO PROTECT THE BURNING MILE.
I THINK THAT'S BASICALLY LIKE THE GOLDEN GOOSE.
AND AS WE DIMINISH THINGS TAKING AWAY FROM THAT, I THINK THERE'S ANY INCENTIVES TO BE GIVEN.
THEY SHOULD BE GIVEN TO THOSE OWNERS ALONG THE BERNIE MILE, NOT TO A BUCKY'S.
UM, AND LASTLY, I JUST PRAY Y'ALL ALL LOVE BERNIE AS MUCH AS WE DO AND HAVE THE SAME VISION.
UM, I KNOW MAYOR RICHIE, YOU MENTIONED ABOUT TO THE CITIZENS.
I DON'T SEE THE VALUE TO THE CITY OF BERNIE.
I DON'T SEE THE VALUE TO THE CITIZENS OF BERNIE.
I THINK TO PROVIDE THE EMPLOYMENT FOR IT, YOU'D PROBABLY NEED TO GET IN A COUPLE MORE APARTMENT COMPLEXES.
AND WE ARE ALREADY LIMITED ON OUR RESOURCES.
UM, OUR INFRASTRUCTURE IS, IS STRUGGLING WITH WHAT, WITH THE GROWTH THAT WE HAVE NOW IN ANYWAY.
UH, FINAL SPEAKER THIS EVENING IS ALEX RUDD.
I KNOW YOU HAVE A VERY HARD JOB.
I HAVE A LOT TO SAY, BUT I'M GONNA HAVE TO BE QUICK.
10 YEARS AGO, IN MY OPINION, THE RESIDENTS OF BERNIE NEVER HAD A CHANCE TO DEFEND THEMSELVES, THEIR HEALTH OR THEIR SAFETY.
AS I LOOK MORE AT THE DETAILS, THIS PROJECT IS GROWING AND GROWING.
I LOOKED AT THE TRAFFIC IMPACT STUDY MOST RECENTLY FROM SEPTEMBER.
NOW THEY'RE TALKING ABOUT UP TO 140 PUMPS, ONE 10 TO ONE 40, MAYBE, WE DON'T KNOW.
ESTIMATED 24,000 CARS PER DAY DURING PEAK TIMES.
THIS IS AN INDUSTRIAL CENTER CIRCUS.
A FEW WEEKS AGO AT PNZ, I HEARD A ATTEMPT AT DEFENSE SAYING, WELL, IT WAS ZONED FOR A GAS STATION.
THERE WAS NO REASON TO SPEAK OUT.
I'M SORRY, THIS IS NOT A GAS STATION.
IT WOULD BE LIKE ME TAKING MY PET DEPOSIT TO THE APARTMENT, BRINGING MY ELEPHANT.
OKAY, THE PUBLIC HAD A RIGHT TO KNOW ABOUT THIS.
NOW, GOING QUICKLY, FOR STARTERS, I WILL SAY THAT THE ENVIRONMENTAL MONITORING FOR THIS FACILITY IS GONNA BE SKETCHY AT BEST.
THEY'RE WELL KNOWN TO BE A RELUCTANT ENFORCER.
AT BEST, THE LOOPHOLES ARE ENORMOUS.
25 GALLON OR LESS SPILL, OR LESS THAN 25.
THEY CAN HAVE AS MANY AS THEY WANT IN ONE DAY.
WE DON'T KNOW WHAT'S GOING ON ON THE GROUND.
ANOTHER REASON THEY WILL NOT DO ANY TESTING OR WATER SAMPLING UNLESS THEY HAVE A REPORTABLE SPILL.
BY THE WAY, I HAVE EVIDENCE THAT THEY DO HAVE AT LEAST ONE REPORTABLE SPILL.
I'M STARTING MY INVESTIGATION.
THIS IS THE FIRST INVESTIGATION ON NEW BRAUNFELS.
I HAVE A RESULT REPORTABLE SPILL.
SO WHATEVER, IF THEY TELL YOU THERE'S NONE, IT'S NOT CORRECT.
NUMBER TWO, UH, EDWARDS AQUIFER AUTHORITY BANNED NEW GAS STATIONS FOR A REASON.
DESPITE ALL THE TECHNOLOGY, THE EDWARDS AQUIFER AUTHORITY SEES IT FIT THAT WE DO NOT HAVE THIS OVER THEIR RECHARGE ZONE.
WHY DO WE GET ONE A MONSTROSITY LIKE THIS? THERE'S NO WAY YOU CAN HAVE A PERFECTLY SELF SAFE, HEALTHY GAS STATION.
THE BIGGEST CONCERN I HAVE RIGHT NOW IS THE AIR QUALITY.
THIS IS ADJACENT TO A NEIGHBORHOOD.
BERNIE DOES NOT HAVE A SETBACK FOR GAS STATIONS.
THIS IS AMONG THE THOUSAND THINGS THAT WEREN'T TALKED ABOUT 10 YEARS AGO.
TCEQ IS NOT GONNA MONITOR THE AIR QUALITY.
I HAVE DATA SUGGESTING THAT BENZENE A CLASS ONE CARCINOGEN IS SHOWING ELEVATED RATES OF PEDIATRIC LEUKEMIA NEAR CLUSTERS OF GAS STATIONS, AND ALSO THAT THE LEVELS OF VOCS ARE UP TO 10 TIMES HIGHER.
SO RIGHT NOW WE HAVE AN ENVIRONMENTAL SAFETY PROBLEM.
AND WHAT I'M WORRIED ABOUT IS THAT THE RESIDENTS WHO LIVE IN THIS NEIGHBORHOOD ARE GONNA GET MOED OVER BY THIS PROJECT.
I DON'T KNOW IF THIS WAS EVER DISCUSSED IN THE PAST, BUT THESE ARE SOME OF THE BIGGEST ISSUES WITH HEALTH AND SAFETY OF THAT COMMUNITY.
AND I DON'T KNOW IF IT WAS EVER MENTIONED, THIS IS A BAD PROJECT.
IF YOU HAVE AN OPPORTUNITY WHERE THEY GET HESITANT AND THEY WANNA GO AWAY, I WOULD SAY WELCOME THEM TO GO AWAY FOR THE BEST OF THE COMMUNITY.
THAT IS THE LAST PERSON THAT HAS SIGNED UP TO SPEAK, BUT AS ALWAYS,
[00:25:01]
THERE'S SOMEONE AN OPPORTUNITY IF THEY WANNA COME FORWARD.THEY CAME IN LATE TO COME TO PODIUM, COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS, AND YOU'LL HAVE THREE MINUTES, UM, TO GIVE YOUR PUBLIC COMMENTS.
ALRIGHT, GOOD EVENING, COUNCIL MEMBERS AND STEADY STAFF.
MY NAME IS CHRISTY ACKERMAN, 6 23 MANGER SPRINGS.
AND I'M HERE TODAY TO VOICE MY CONCERNS REGARDING PUBLIC SAFETY AND THE SIGNIFICANT CHANGES SURROUNDING THE BUCKY'S DEVELOPMENT PROJECT.
I'VE RECEIVED VERBAL CONFIRMATION THAT SOME FORM OF SEPARATION WILL BE PUT IN PLACE BETWEEN BUCKY'S AND THE NEARBY NEIGHBORHOODS.
I'VE ALSO READ AN EMAIL FROM STAN BEARD TO JOE MACALUSO, COPIED TO THE CITY MANAGER BEN THATCHER, THAT REFERENCES THE ADDITION OF FENCING BETWEEN THE PROJECT AND THE NINE ACRE PRESERVATION AREA.
HOWEVER, NO DETAILS HAVE BEEN PROVIDED.
I RESPECTFULLY REQUEST THAT THE CITY REQUIRE A CONCRETE OR BLOCK WALL COMPARABLE TO THE WALL BEHIND BERNIE'S HEB, WHICH STANDS AT EIGHT FEET, THREE INCHES TO PROPERLY SEPARATE BUCKY'S FROM THE ADJACENT NEIGHBORHOODS.
I ALSO REQUEST THAT BUCKY'S BE REQUIRED TO POST SECURITY SIGNAGE AROUND THE PROPERTY, SIMILAR TO THE WALMART AND BERNIE, WHICH HAS SIGNS STATING CAMERAS AND USE.
ADDITIONALLY, I HAVE PREVIOUSLY ASKED FOR THE PRESENCE OF POLICE OFFICERS AND UNIFORM SECURITY ON SITE.
MR. BAIRD HAS STATED THAT BUCKY'S USES INTERNAL AND EXTERNAL LAW ENFORCEMENT ON AN AS NEEDED BASIS.
I ASK FOR CLARITY ON WHAT AS NEEDED TRULY MEANS, BECAUSE IT APPEARS THIS WOULD NOT ENSURE CONSISTENT SECURITY.
FURTHER, I ASK THE CITY TO STRONGLY CONSIDER THE HIRING OF ADDITIONAL POLICE OFFICERS AS THIS DEVELOPMENTAL INCREASE DEMANDS ON PUBLIC SAFETY.
THESE STEPS WOULD DIS HELP DISCOURAGE UNSAVORY ACTIVITY, KEEP INDIVIDUALS MOVING ALONG THE HIGHWAY RATHER THAN LOITERING NEAR OUR NEIGHBORHOODS.
I I WOULD LIKE TO SAY THAT THIS PROJECT HAS ALSO CHANGED.
IN THE ORIGINAL AGREEMENT, BUCKY'S COMMITTED TO FOUR RETAIL PAD SITES THAT WOULD BRING IN REVENUE FOR THE CITY.
YET IN THE SAME EMAIL I REFERRED TO E EARLIER, MR. BEARD STATED THAT THERE WILL BE AN ELIMINATION OF ANY FUTURE PAD SITES AS CONTEMPLATED AND APPROVED BY THE ORIGINAL AGREEMENTS LEADING TO A ZERO SALES TAX REVENUE.
I DIRECT THE COUNCIL'S ATTENTION TO THE ECONOMIC DEVELOPMENT AGREEMENT, ARTICLE FOUR, SECTION ONE A, WHICH STATES THE DEVELOPER SHALL BE IN DEFAULT IF IT FAILS TO COMPLY WITH ANY TERM, COVENANT OR CONDITION OF THE AGREEMENT.
THE AGREEMENT ALSO PROVIDES THE CITY WITH THE RIGHT TO TERMINATE INCENTIVES IF DEFAULTS ARE NOT CURED WITHIN 90 DAYS.
THE TRAFFIC STUDY FOR THIS PROJECT IS NINE YEARS OLD AND HAS NEVER BEEN APPROVED.
AT THE SEPTEMBER 8TH PLANNING AND ZONING COMMISSION MEETING, IT WAS EXPLAINED THAT THE CITY REVIEWED TURNAROUND IN TWO WEEKS.
WHILE BUCKY'S RESPONSE TIME HAS BEEN NINE MONTHS TO A YEAR, THE SIGN APPROVAL TOOK TWO YEARS TO RESOLVE.
MOST RECENTLY, BUCKY'S FAILED TO PROVIDE A PLAT THAT WAS REQUIRED FOR THE PLA PLANNING AND ZONING COMMISSION MEETING.
THESE REPEATED DELAYS DEMONSTRATE A PATTERN OF PUSHING THE LIMITS OF THE CONTRACT.
ANOTHER CHANGE IS THE DONATION OF THE NINE ACRE PRESERVATION AREA TO THE CITY.
WHILE DONATION SOUNDS POSITIVE IN REALITY, IT TRANSFERS THE RESPONSIBILITY FOR UPKEEP AND SECURITY FROM THE BUCKYS TO THE TAXPAYERS.
THIS INCLUDES THE COST OF CLEARING VAGRANT CAMPS, MITIGATING WILDFIRE RISKS, AND MAINTAINING THE LAND BURDENS THAT RIGHTLY BELONG TO THE DEVELOPER, NOT THE CITY.
FINALLY, I NOTE THAT MR. BEARD STATED THAT BUCKY'S HAS BEEN OVER BACKWARDS TO ADDRESS CONCERNS, YET DECLINED OPPORTUNITIES TO MEET WITH EITHER THE HOA OR CITY COUNCIL.
WHEN ASKED, THEY ALSO DID NOT SHOW UP TO THE LAST PLANNING AND ZONING COMMISSION MEETING.
THIS DOES NOT REFLECT A SPIRIT OF PARTNERSHIP WITH OUR CITIZENS.
AND FOR THESE REASONS, I RESPECTFULLY ASK THAT THE COUNCIL CONSIDER THAT BUCKY'S IS IN DEFAULT OF THEIR CONTRACT AND, AND ENSURE THAT BUCKY'S FULFILLS ITS OBLIGATIONS IN BOTH LETTER AND IN COMMUNITY PARTNERSHIP.
[5. 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.]
OFFICIALLY MOVE INTO OUR CONSENT AGENDA.COUNCIL MEMBERS, WE HAVE ANY QUESTIONS OR CONCERNS FOR CONSENT AGENDA OF ITEMS FIVE A THROUGH FIVE D JUST ONE QUESTION ABOUT C PLEASE.
UM, ON THE TECHNOLOGY CONTRACT FOR THESE, UM, SERVICES, IT'S A 10 YEAR CONTRACT.
UH, AS WE ALL KNOW, TECHNOLOGY CHANGES VERY RAPIDLY.
WHAT ARE THE UPGRADE OPPORTUNITIES WITHIN THAT CONTRACT FOR THE TECHNOLOGY TO CHANGE? IN OTHER WORDS, WE LOCKED INTO WHATEVER THEY GIVE US NOW, OR ARE THEY GONNA, IF WE NEED TO TURN OVER SOMETHING, IS IT GONNA BE THE LATEST THING FROM FIVE YEARS FROM NOW? YES, SIR.
[00:30:01]
PURPOSE OF THE 10 YEARS, WE GET A, AT FIVE YEARS WE'LL GET A REFRESHER.SO WE'LL GET NEW EQUIPMENT, UM, THAT COMES IN AT THAT FIVE YEARS.
IF WE WOULD'VE DONE A FIVE YEAR CONTRACT, WE WOULD'VE HAD TO RENEGOTIATE THE OLD CONTRACT EQUIPMENT AND EVERYTHING.
SO THERE WILL BE AN UPGRADE BUILT IN.
I JUST WANNA MAKE SURE WE'RE NOT LOCKED IN FOR THE TECHNOLOGY FOR 10 YEARS.
THERE'S A FIVE YEAR REPRESSION.
ANY OTHER QUESTIONS? CAN, CAN I GET A MOTION? WELL, CAN'T, THERE'S NO WAY TO DO IT.
FOR COUNCILMAN MACALUSO, PLEASE VOTE.
WE, UH, APPROVE CONSENT AGENDA ITEMS A THROUGH D IS LISTED.
WE LOST OUR VOTING REGISTER AGAIN.
I GUESS WE NEED A TECHNOLOGY UPGRADE.
HAVE A MOTION FOR COUNCILMAN BUNKERS.
I WAS THINKING I GUESS MOTION FINALLY PASSES.
[A. CONSIDER RESOLUTION NO. 2025-R71; A RESOLUTION ADOPTING THE CITY OF BOERNE INVESTMENT POLICY AND BROKER-DEALER LIST.]
ON TO AGENDA ITEM SIX INTO THE REGULAR CITY AGENDA SIX A RESOLUTIONS 2025 DASH 4 85.CONSIDER RESOLUTION NUMBER 2025 DASH R 71 A RESOLUTION ADOPTING THE CITY OF BERNIE'S INVESTMENT POLICY AND BROKER DEALER.
IT'S ONCE AGAIN GONNA BE THE SARAH BUCKLEY SHOW.
GOOD EVENING, MAYOR AND COUNSEL.
WE HAVE, UH, SEVERAL HOUSEKEEPING AND YEAR AD ADMINISTRATIVE ITEMS, UM, COMING FORWARD THAT WE'LL, UM, ADDRESS RIGHT AFTER ANOTHER.
THIS IS THE FIRST, UH, WHICH IS OUR ANNUAL, UH, REVIEW AND APPROVAL OF OUR INVESTMENT POLICY.
THIS ITEM ALIGNS WITH THESE ITEMS PER OUR STRATEGY MAP.
THE ANNUAL REVIEW AND APPROVAL OF OUR INVESTMENT POLICY IS SOMETHING THAT'S REQUIRED UNDER THE PUBLIC FUNDS INVESTMENT ACT.
UM, SO I BRING IT FORWARD EVERY YEAR.
THIS YEAR WE, WE ARE NOT REQUESTING ANY CHANGES.
IF YOU MAY RECALL, WE RECENTLY HAD SOME POLICY UPDATES IN JANUARY, AND SO WE'VE ADDRESSED ANY CHANGES THAT WE NEEDED AT THAT TIME.
SO THIS IS JUST OUR FISCAL REFRESH FOR FISCAL YEAR 2026.
ANY QUESTIONS? ANY QUESTIONS? NO.
CAN I GET A MOTION FROM COUNCILMAN WILLISON, PLEASE? MAY I MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2025 DASH R 71 A RESOLUTION ADOPTING THE CITY OF BERNIE INVESTMENT POLICY AND BROKER DEALER.
LIST A SECOND FROM COUNCILMAN BATEMAN, PLEASE VOTE.
[B. CONSIDER RESOLUTION NO. 2025-R72; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ADOPTING REVISIONS TO THE PROCUREMENT POLICY TO ALIGN WITH CHANGES MADE TO THE COMPETITIVE BIDDING THRESHOLD.]
TO AGENDA ITEM SIX B 2025 DASH 4 0 3.CONSIDER RESOLUTION NUMBER 2025 R 72, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERNIE, TEXAS, ADOPTING REVISIONS TO THE PROCUREMENT POLICY TO ALIGN WITH CHANGES MADE TO THE COMPETITIVE BIDDINGS THRESHOLD.
SARAH, THIS IS ONE ANOTHER ONE OF THOSE ADMINISTRATIVE, UM, HOUSEKEEPING ITEMS, UM, ALIGNS WITH OUR STRATEGY MAP IN THE SAME WAYS AS THE PREVIOUS, UM, THAT YOU MAY RECALL.
THE PROCUREMENT AND CREDIT CARD POLICIES WERE BROUGHT FORWARD IN JANUARY, AND THEY WERE A VERY COMPREHENSIVE LOOK AT THOSE POLICIES.
UH, SINCE THEN, OUR, UH, LEGISLATURE HAS INCREASED OUR BIDDING THRESHOLD FROM 50,000 TO A HUNDRED THOUSAND.
OUR CURRENT HOME RULE CHARTER REFERS JUST TO THE STATE LAW COMPETITIVE BIDDING THRESHOLD.
SO PER OUR HOME RULE CHARTER, THIS WAS EFFECTIVE FOR THE CITY OF BERNIE, EFFECTIVE SEPTEMBER 1ST.
OUR, UH, PROCUREMENT POLICY, WHICH IS MUCH MORE DETAILED IN PROCEDURES.
IT HAD LISTED THE 50,000 PREVIOUSLY.
SO THIS IS JUST RECOMMENDING THAT EVERYWHERE IT SAYS 50,000, WE NOW INCREASE IT TO A HUNDRED THOUSAND.
UM, THE CURRENT POLICY REFERS TO OUR, THE, THE 50,000 AND THE PROPOSED UPDATES WOULD ALIGN WITH THE A HUNDRED THOUSAND UPDATE.
ANY QUESTIONS? ANY QUESTIONS, COMMENTS FROM COUNCIL? NOPE.
CAN I GET A MOTION FROM COUNCILMAN BEMAN? MAKE A MOTION TO APPROVE NUMBER 2 0 2 5 DASH R SEVEN TWO.
A RESOLUTION OF THE CITY OF CITY COUNCIL OF THE CITY OF BARNEY, TEXAS ADOPTING REVISIONS TO THE PROCUREMENT POLICY TO ALIGN WITH CHANGES MADE TO THE COMPETITIVE BIDDING THRESHOLD.
SECONDMENT FROM COUNCILMAN WILLISON, PLEASE VOTE.
[C. CONSIDER RESOLUTION NO. 2025-R73; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, DIRECTING THE CLOSEOUT OF YEAR-END SURPLUSES.]
[D. CONSIDER RESOLUTION NO. 2025-R74; A RESOLUTION ADOPTING REVISIONS TO THE FINANCIAL MANAGEMENT POLICY TO ALIGN WITH BEST PRACTICES AND REGULATORY REQUIREMENTS.]
WE'RE GONNA TALK ABOUT SIX C AND 60 TOGETHER, I BELIEVE.SARAH, NUMBER 2025 S 4 82, AND 2025 S 4 83.
[00:35:01]
THE STRATEGY MAP IN THE FOLLOWING AREAS.AS WE'RE APPROACHING YEAR END FISCAL CLOSE, WHICH IS SEPTEMBER 30TH.
UM, WE HAVE TO COME FORWARD TO COUNCIL TO, UM, GET THE APPROVAL ON HOW TO CLOSE OUT ANY POTENTIAL YEAR END SURPLUSES.
SO I WANTED TO PROVIDE AN UPDATE OF WHERE WE ARE RIGHT NOW.
OUR, UH, FINANCIAL TEAM IS IN THE MIDDLE OF OUR INTERNAL CONTROLS AUDIT PORTION OF OUR YEAR END FINANCIAL STATEMENT AUDIT WILL CLOSE THE BOOK SEPTEMBER 30TH, WHILE WE'LL BE BRINGING FORWARD THE QUARTERLY REPORT IN NOVEMBER, WHICH WILL GIVE YOU THE PRE PRELIMINARY RESULTS OF OUR AUDIT CLOSE AT THAT TIME.
OUR FINANCIAL STATEMENT AUDIT WILL THEN CONTINUE UNTIL JANUARY, AND WE'LL BRING FORWARD THE FINAL FINANCIALS IN FEBRUARY.
BUT BEFORE I CAN CLOSE THE BOOKS ON SEPTEMBER 30TH, I DO NEED DIRECTIVE FROM COUNCIL ON HOW TO CLOSE OUT THE SURPLUSES.
SO THIS IS AN ACTION THAT WE DO EVERY YEAR.
YOU MAY RECALL DURING THE BUDGET PROCESS, WE TALKED, UM, QUITE EXTENSIVELY ABOUT THE GUIDING PRINCIPLES OF STRUCTURAL BALANCE AND OPTIMUM FUND BALANCE.
AND THIS IS ONE OF THOSE STEPS IN THOSE PRINCIPLES.
THIS IS A SLIDE YOU'RE PROBABLY FAMILIAR WITH, BUT IT REALLY DOES.
UM, IT DOES DEPICT KIND OF OUR, OUR POLICY OR OUR PROCEDURE.
WE HAVE OUR MINIMUM OPERATING RESERVE, WHICH IS THE LIGHT GREEN AMOUNT.
WE HAVE THE, THE REST WHICH IS ASSIGNED FOR CAPITAL AND STRATEGIC FUNDS THAT ARE NOT RESTRICTED.
SO IN ORDER TO ACCOMPLISH THAT, OR THIS DOES ACCOMPLISH OUR, UM, STAYING BENEATH WELL BENEATH THE LEGAL DEBT LIMIT OF 5%.
AND THIS WHOLE PROCESS WAS RECENTLY UPHELD BY OUR MOODY'S CREDIT RATING UPGRADE.
SO IN ORDER TO CLOSE OUT THE FUNDS, OUR, UM, OUR POLICY DOES DEFINE THE RESTRICTED FUNDS, AND WE'RE, WE'RE RESTRICTED, OF COURSE, LEGALLY, WE HAVE TO SET THOSE ASIDE FOR RESTRICTIVE PURPOSES.
THE SECOND STEP IS OUR MINIMUM OPERATING RESERVES, WHICH IS IMPLIED BY THE POLICY.
IT SAYS THAT WE HAVE TO MAINTAIN THOSE MINIMUM OPERATING RESERVES.
AND SO IN ORDER TO MAINTAIN IT, I OF COURSE HAVE TO CLOSE OUT THE AMOUNT TO MAINTAIN IT.
SO IT DOESN'T ACTUALLY LIST THAT AS A STEP, BUT IT IS IMPLIED IN THE POLICY.
THESE NEXT TWO STEPS ARE, HAVE BEEN DONE PROCEDURALLY IN ORDER TO MAINTAIN OUR OPTIMUM FUND BALANCE, BUT IS ACTUALLY NOT ARTICULATED IN OUR POLICY, WHICH HENCE THE NEXT AGENDA ITEM THAT I'M BRINGING FORWARD.
BUT THAT'S WHY WE'RE BRINGING FORWARD THIS ACTION ITEM, IS THAT I AM REQUESTING THAT WE, UM, ASSIGN FUND BALANCE FOR ALL OUR BUDGETED CIP PROJECTS AND SPECIAL PROJECTS IN THE NEXT YEAR.
AND THEN THE REMAINING SURPLUSES AS DISCUSSED, GET CLOSED OUT TO OUR GOVERNMENTAL OR UTILITY CAPITAL FUNDS.
AGAIN, THIS, THESE WERE, UM, SPECIFIC FROM MOODY'S CREDIT UPGRADE FOR US THAT SPEAKS SPECIFICALLY TO THIS PROCESS THAT WE DO.
THAT'S A VERY CONSERVATIVE BUDGET MANAGEMENT PRACTICE THAT WE TRY TO CASH FUND AS MUCH CAPITAL AS POSSIBLE.
ARE THERE ANY QUESTIONS ON THE, THE DIRECTIVE TO CLOSE OUT THE FUND BALANCES? ANY QUESTIONS ON EITHER OF THOSE? DID WE ALREADY DISCUSS WHERE THEY'RE GOING? I MEAN, OTHER THAN THE GENERAL ASPECT OF CAPITAL AND I MEAN, IS THERE SPECIFICS THAT THEY'RE BEING ASSIGNED TO? NO, NOT YET.
THAT GOES THROUGH THE BUDGET PROCESS OF NEXT YEAR.
THIS JUST SHOWS AS WE'RE CLOSING THE YEAR, THIS IS GONNA GO INTO THE CAPITAL.
WE'LL ALLOCATE IT BASED ON EXTRA.
WE YET KNOW HOW MUCH THE AMOUNTS ARE.
YOU DON'T HAVE TO KNOW THAT YET.
IT'S, UM, YOUR DIRECTIVE TO ME TO CLOSE IT OUT IN THIS ORDER.
AND THEN THAT FUND BALANCE WILL BE AVAILABLE IN THE FISCAL YEAR 2027 BUDGET.
ANY QUESTIONS? I GET A MOTION ON SIX C FROM COUNCILMAN BUNKER.
WE APPROVE RESOLUTION NUMBER 2025 R 73, A RESOLUTION OF THE CITY COUNCIL IN THE CITY OF BERNIE, TEXAS, DIRECTING THE CLOSE OUT OF THE YEAR IN SURPLUSES.
SECOND FROM COUNCILMAN MACALUSO, PLEASE VOTE.
CAN I GET A MOTION FOR SIX D 2025 DASH 4 83? SO, UM, SORRY.
I'LL GIVE YOU A REAL BRIEF, UM,
ESSENTIALLY, I AM ASKING COUNSEL TO CONSIDER MAKING THIS PART OF OUR FINANCIAL MANAGEMENT POLICY AS PART OF THAT STEP APPROACH THAT I REVIEWED IN THE PREVIOUS AGENDA ITEM.
THESE STEPS THREE AND FOUR AREN'T SPECIFICALLY ARTICULATED IN OUR POLICY.
IT'S SOMETHING THAT I HAVE TO COME FORWARD TO YOU EVERY YEAR TO DO, BUT IT'S A PROCEDURE THAT IS DOING WELL FOR US.
UM, IT HAD, IT WENT A GREAT WAY TO HELP US IMPROVE OUR CREDIT RATING.
AND SO I BROUGHT FORWARD A PROPOSED UPDATE TO OUR FINANCIAL MANAGEMENT POLICY TO SPECIFICALLY INCLUDE THESE FOUR STEPS IN OUR FUND BALANCE CLOSEOUT POLICY.
AND WHAT THAT WILL KEEP US FROM DOING IS FIVE OR 10 YEARS FROM NOW,
[00:40:01]
WE CAN MAINTAIN AND MAKE SURE THAT FUND BALANCES ARE BEING CLOSED OUT TO CAPITAL INSTEAD OF TOWARDS FUTURE OPERATING, UM, EXPENSES OR SHORT TERM GOALS AND WISHES THAT THEY GO MORE TOWARDS OUR CIP AND MORE STRATEGIC PROJECTS.ANY QUESTIONS? I GOT A MOTION FROM COUNCIL MACALUSO.
MAY I MOVE TO APPROVE RESOLUTION NUMBER 2025 DASH R 74 RESOLUTION, ADOPTING REVISIONS TO THE FINANCIAL MANAGEMENT POLICY TO ALIGN WITH BEST PRACTICES OF REGULATORY REQUIREMENTS.
SECOND FOR COUNCILMAN WILSON, PLEASE VOTE.
[A. DISCUSSION ON STIPENDS FOR CITY COUNCIL MEMBERS.]
TO AGENDA ITEM SEVEN FOR THE OTHER 7 8 20 25 DASH 4 87 DISCUSSION ON STIPENDS FOR CITY COUNCIL MEMBERS.UH, PRESENTERS, CITY MANAGER, BEN, THAT BEN? YES, MAYOR.
UH, JUST HAVE A BRIEF CONVERSATION.
WE'VE HAD SEVERAL OF THESE THIS LAST YEAR, STARTING A YEAR AGO WHEN WE DID OUR HOME RULE CHARTER REVIEW.
WE DISCUSSED WHETHER OR NOT WE NEEDED TO MAKE, UH, SOME RECOMMENDED CHANGES TO THE COMPENSATION OR THE STIPENDS THAT THE CITY COUNCIL RECEIVES.
UM, YOU GUYS KNOW THE HISTORY AND THAT WE'VE HAD ANOTHER SUBSEQUENT CON BRIEF CONVERSATION THIS SUMMER.
WE'RE HAVING A FORMAL CONVERSATION HERE TO GET DIRECT FEEDBACK FROM YOU.
AND IF THERE'S ANY CHANGES YOU WOULD LIKE FOR US TO, UH, CONSIDER, WE'LL PUT THAT ON A FUTURE MEETING IN OCTOBER FOR, FOR ACTION.
BUT YOU'RE, AS YOU, WE'VE TOLD YOU IN THE PAST, CITY COUNCIL, UH, FIRST RECEIVED A STIPEND BACK IN 1925, A $25 A MONTH STIPEND.
IT'S NOW GONE ALL THE WAY TO, UH, THE WHAT YOU CURRENTLY RECEIVED.
THE MAYOR $200, COUNCIL 150 AS THAT WAS CH UH, UPDATED IN 2004.
UM, AS WE WERE REVIEWING THIS WITH OUR HOME RULE CHARTER REVIEW A YEAR AGO, WE WERE THINKING ABOUT WHETHER OR NOT WE NEEDED TO MAKE A, A PROVISION OR A CHARTER AMENDMENT.
WE REALIZED THAT THE MAYOR AND COUNCIL ACTUALLY HAS THE AUTHORITY TO CHANGE THAT, UH, PER RESOLUTION.
AND, UH, ONCE THAT'S INTO EFFECT, UH, THE NEXT ELECTION, IT'S UPON YOUR NEXT, UH, ELECTION CYCLE THAT GOES INTO EFFECT FOR EACH COUNCIL MEMBER.
IT DOESN'T, IT'S NOT A BLANK ACTION, IT'S DEPENDENT ON THE NEXT YEAR'S ELECTION.
AND SO, JUST A SIDE NOTE, UH, THE, UH, THE EQUIVALENT OF $25 IN 1925 TO TODAY IS IN THE $500 RANGE.
AND WE'VE GIVEN YOU SOME BACKUP IN YOUR, IN YOUR PACKET THAT SPEAKS TO WHAT SURROUNDING CITIES DO.
IT'S KIND OF ALL OVER THE BOARD.
UM, AND SO WE'RE HAPPY TO ANSWER ANY QUESTIONS.
JUST LEAVE IT UP TO YOU TO HAVE A DISCUSSION.
IF THERE'S ANY FEEDBACK YOU'D LIKE US TO GO, COME BACK WITH, WE CAN DO THAT AS WELL.
MAYOR, THIS WAS YOUR INITIATIVE.
WELL, THOUGHTS, THOUGHTS ARE FROM, FROM THIS IS, IS WHERE WE ARE COMPARED TO OTHER CITIES.
IS IT MORE, IS IT LESS? RIGHT? WHAT'S, WHERE DO YOU PUT A DOLLAR AMOUNT ON TIME AND WELL, THE, THE $25 FROM 1925 BY INFLATION CALCULATOR WOULD BE $468 A MONTH.
I REALIZE IT'S A HUNDRED YEARS, BUT
SO YEAH, THERE'S A BIG DIFFERENCE THERE IN A HUNDRED YEARS, RIGHT? WHAT, WHAT IS EVERYONE'S THOUGHTS ON, UM, COUNCIL MEMBERS OF THIS MATTER, WHETHER WE INCREASE IT, DECREASE IT, KEEP IT THE SAME? YOU KNOW, I MEAN, I I I LOOK AT THE AMOUNT OF TIME THAT EACH INDIVIDUAL COUNCIL MEMBER PUTS IN WITH THEIR DISTRICT, WITH THEIR, UH, CONSTITUENTS.
THE AMOUNT OF TIME THAT YOU HAVE TO CAMPAIGN THAT WE REELECTED, LUCKILY LAST YEAR WE MOVED THE ELECTION CYCLE ABOUT THREE YEARS.
SO YOU WEREN'T HAVING TO SPEND, YOU KNOW, HUNDREDS OR THOUSANDS OF DOLLARS ON A CAMPAIGN, UM, EVERY OTHER YEAR COMPARED TO EVERY THREE YEARS NOW, UH, WHICH THAT COMES OUTTA YOUR OWN POCKETS.
UM, UH, MINE TOO, IF I WERE TO EVER DO THAT
UM, YOU KNOW, SO MY THOUGHT PROCESS IS I WANT ONE, I WANNA MAKE SURE THAT WE'RE FAIR TO THE, TO, TO THE, TO THE, THE PEOPLE THAT ARE SITTING AT THE DIES, THAT THEY'RE, THEY'RE BEING COMPENSATED FOR THEIR TIME AND THEIR EFFORTS, UM, THROUGHOUT, THROUGHOUT THE YEARS, THE YEAR OF THEIR YEARS IN SERVICE.
SO LEMME JUST SAY THIS, UM, I WILL NOT MOVE TO INCREASE IT.
I WILL SUPPORT IT IF THAT'S WHAT THE COUNCIL'S PLEASURE IS.
MY VIEW ON IT IS THIS, THE $150 A MONTH, IT'S, IT'S, TO ME, I USE IT AS COFFEE AND GAS MONEY.
NOW, WHY DO I DO THAT? YOU ALL KNOW I SELF-FUND MY CAMPAIGNS.
YOU ALL KNOW IF YOU'VE EVER BEEN OUT WITH ME TO DO ANYTHING, I DON'T LET ANYBODY BUY ME ANYTHING.
SO IF I'M MEETING WITH SOMEONE OVER A PROJECT, I PAY EITHER PAY THE WHOLE BILL OR I PAY IT MYSELF.
SO I'VE 150 IN THAT, IN THAT CONTEXT, WHETHER IT'S 200 OR 300, I REALLY DON'T CARE AT THIS POINT.
SO I, I WOULD DEFER TO THE OTHER MEMBERS OF THE COUNCIL, FRANKLY, WHO ARE WORKING FULL-TIME JOBS, HAVE YOUNGER FAMILIES.
[00:45:01]
STRONG COMMITMENT OF TIME.SO WHATEVER THE PLEASURE OF THE COUNCIL IS, I WILL SUPPORT, BUT I WOULDN'T REDUCE IT.
RIGHT? UM, IF YOU WERE TO TAKE THE NUMBER THOUGH, RIGHT? JUST FOR THE SAKE OF, WE DO ALL PUT A LOT OF TIME AND EFFORT INTO THIS, RIGHT? A LOT OF PEOPLE ARE SURPRISED WHEN THEY FIND OUT IT'S A VOLUNTEER JOB AND THERE'S A STIPEND, RIGHT? SO, UM, BUT IF YOU JUST TAKE THE MATH OF $150 PER PERSON TIMES 12 MONTHS, THAT'S $1,800 PER COUNCIL MEMBER, RIGHT? WE HAVE FIVE COUNCIL MEMBERS.
I'M NOT COUNTING THE MAYORS $200 A MONTH, BUT JUST ACROSS THE COUNCIL MEMBERS, THAT'S $9,000, UM, IN TOTAL PAY PER YEAR, RIGHT? FOR THE, FOR THE CITY, WE HAVE 22,000 RESIDENTS ROUGHLY, GIVE OR TAKE.
THAT'S 41 CENTS PER RESIDENT PER YEAR FOR PER, PER COUNCIL MEMBER, RIGHT? SO IT'S LESS THAN, EVEN IF YOU DOUBLE, IT'S LESS THAN A DOLLAR, RIGHT? SO I, I THINK WHEN WE'RE TALKING ABOUT GOING FROM ONE 50 TO 300 OR EVEN 4 68, WHATEVER THE NUMBER IS, IT'S NOT GOING TO, IT'S NOT GONNA CHANGE ANYONE'S ECONOMIC POSITION, NOT POSITION.
IT'S JUST GONNA ALLOW YOU THE ABILITY TO DO SOME THINGS LIKE GO TO COFFEE, PAY FOR GAS, THINGS LIKE THAT A LITTLE BIT MORE EFFECTIVELY, MORE REALISTIC CALCULATION WOULD BE, THE CURRENT RATE WAS SET IN 2004.
SO IF YOU DO THE INFLATION CALCULATED FROM THEN, IT'S 2 62 VERSUS ONE 50.
I DON'T THINK ANYBODY WHO DECIDES TO DO THIS IS DOING IT FOR THE MONEY.
THERE ISN'T ENOUGH MONEY TO MAKE YOU WANT TO DO THIS,
YOU, YOU, YOU, YOU ACTUALLY WOULD NEED MORE MONEY TO GO TO THERAPY FOR WHY YOU WOULD DO THIS THAN
BUT BE THAT AS IT MAY, UH, I DEFER AGAIN TO THE WISHES OF THE, THE MAYOR AND THE COUNCIL.
UM, I MEAN, I WOULD SAY MY OPINION HAS ALWAYS BEEN, I, I BELIEVE IT SHOULD BE DOUBLE.
I, I MEAN, W WHY DO I THINK THAT JUST BASED ON, I MEAN, FOR ME, AMPO, RIGHT? I'M, I'M DRIVING TO SAN ANTONIO ONCE A MONTH TO DO THAT MEETING.
UM, YOU KNOW, THE COFFEE, THE MEALS, ALL THAT, WE ALL THAT, THAT ONE 50 WE'RE ALSO PAYING TAXES ON.
SO IT'S REALLY MORE LIKE ONE 10.
UM, JUST SO PEOPLE KNOW 'CAUSE WE'RE CONTRACTORS, UM, YOU KNOW, IF, I THINK THE MAYOR'S DOING EVEN MORE, RIGHT? CITYWIDE, SO THAT'S BE 400.
AGAIN, I'D ALSO DO IT FOR ONE 50.
SO FOR ME, IT WOULDN'T MATTER.
CORRECT? I, I DON'T THINK ANYONE HERE IS SITTING HERE IS SAYING THAT, THAT WE WOULDN'T MATTER, PAID AN EXORBITANT AMOUNT OF MONEY COMPARED TO COMMISSIONERS OR ANYTHING LIKE THAT.
I MEAN, I WOULD LIKE TO BE ABLE TO SEE IF WE COULD, WHAT, WHAT ARE OTHER CITIES COMPARABLE TO THE CITY OF BERNIE? WHAT ARE THEY PAYING OUR COUNCIL MEMBERS OR PAYING THEIR, I KNOW YOU SAID IT'S KIND OF ACROSS THE BOARD.
YEAH, SO WE, IN, IN THE BACKUP WE GAVE YOU, IT, IT'S REALLY HARD TO PINPOINT APPLE TO APPLE.
THERE'S, THERE'S CITIES SMALLER THAN US THAT ARE 10 TIMES WHAT YOU'RE GETTING.
THERE'S SOME THAT ARE COMPLETELY NOTHING.
AND, UH, WELL, THEN YOU ALSO HAVE TO LOOK AT STAFF BECAUSE THEN IT'S RIGHT.
LOOK AT WHAT THAT, WE HAVE A GREAT STAFF, RIGHT? AND WE WANT TO MAINTAIN THAT.
SO I WOULD MAKE ANOTHER OBSERVATION TO COUNCILMAN BATEMAN'S POINT.
CURRENTLY THE MAYOR AND THE COUNCIL COST THE TAXPAYER, I THINK COLLECTIVELY ABOUT $11,000 A YEAR.
WHEN YOU ADD IT ALL TOGETHER, WE HAVE A HIGHLY PROFESSIONAL, PROPERLY COMPENSATED MANAGEMENT GROUP HERE THAT RUNS THE CITY AT OUR DIRECTION, IMPLEMENTING POLICY.
WHETHER PEOPLE LIKE THE POLICY OR DON'T LIKE THE POLICY, THEY JUST IMPLEMENT WHATEVER THE COUNCIL DEUR AT THE TIME TELLS 'EM TO DO.
BY CONTRAST, OUR COUNTY COMMISSIONERS EACH MAKE MODEST SIX FIGURE SALARIES, WELL OVER A HUNDRED THOUSAND DOLLARS.
AND I'M NOT SAYING THEY DON'T DESERVE IT BECAUSE THEY DON'T HAVE ANY PROFESSIONAL MANAGEMENT.
THEY ARE THE MANAGEMENT, WHETHER THEY'RE HAVE ANY CIVIC MANAGEMENT EXPERIENCE OR NOT, I DON'T KNOW.
SO I DO SEE THERE'S A DIFFERENCE.
I MEAN, I CAN RELY ON, WE CAN RELY ON THE STAFF PEOPLE FOR THAT KIND OF EXPERTISE, WHEREAS IF I WAS A COMMISSIONER, I WOULD HAVE TO KIND OF DO IT MYSELF, WHICH IS A MUCH, MUCH MORE DIFFICULT SITUATION.
SO I, I THINK THE STIPEND, TO YOUR POINT, I WOULD AGREE WITH THAT.
I DON'T HAVE ANY PROBLEM WITH THAT SIMPLE MATH.
I, I THINK IT'S SOMETHING WE HAVE A DISCUSSION ABOUT.
I'M ONE TO, WANTED TO BRING IT FORWARD ABOUT IT JUST BECAUSE I, AGAIN, I SEE ON A DAILY BASIS THE CONVERSATIONS, THE AMOUNT OF TIME THAT, THAT EACH ONE OF YOU PUT INTO YOUR DISTRICTS, YOU KNOW, UM, I GET TO DO A LOT OF THE, THE, THE PLEASURE THINGS, THE PROCLAMATIONS AND THE, YOU KNOW, THE, THE HANDSHAKES AND THE KISSING OF THE BABIES AND STUFF.
UM, BUT AT THE SAME TIME, LIKE I SAID, UM, I KNOW THE DEDICATION THAT YOU GUYS, I HAVE SEEN IT IN THE LAST TWO AND A HALF YEARS FROM, FROM THE COUNCIL MEMBERS AND STUFF LIKE THAT.
UM, FOR ME, IT'S NOT A COMPENSATION.
YOU GUYS DO THIS JOB 'CAUSE YOU LOVE THIS COMMUNITY.
UM, I THINK BY BRINGING IT OUT IN THE OPENING, WE HAVE A DISCUSSION AND, AND WE BRING IT BACK IN ANOTHER MONTH, UM, AFTER MAYBE WE GET SOME FEEDBACK FROM, FROM THE COMMUNITY, BUT AT LEAST IT'S PUT OUT THERE FOR THE COMMUNITY TO HEAR THAT THIS ISN'T SOMETHING THAT WE DIDN'T DISCUSS, WE DIDN'T TALK ABOUT, WE JUST
[00:50:01]
DIDN'T SAY, HEY, YOU KNOW WHAT, WE'RE GONNA GIVE OURSELVES A RAISE OR SOMETHING LIKE THAT.WELL, AND THE FINAL POINT IS ALSO THAT IT'S NOT RETROACTIVE, RIGHT? IT'S FOR THE UPCOMING ELECTION.
IF YOU DECIDE TO RUN AGAIN, THEN THAT WOULD BE THE PAY STRUCTURE FOR THAT UPCOMING TERM.
SO THE PEOPLE MAKING THAT DECISION UP HERE THAT WOULD VOTE ON THIS, THEY HAVE TO WIN, WOULD HAVE TO GO WIN, RIGHT? CORRECT.
SO I THINK THAT THAT'S RELEVANT POINT.
AND I THINK ALSO BECAUSE OF THE AMOUNT OF TIME AND EVERYTHING THAT'S INVOLVED, IT MIGHT ENCOURAGE, INSTEAD OF HAVING A RACE WHERE YOU DON'T HAVE UNCONTESTED RACES ALL THE TIME, IF SOMEONE'S, YOU KNOW, MAKING $300 A, A MONTH, YOU KNOW, THAT'S YOUR UTILITY BILL.
YOU KNOW, SO I'M SERVING THE COMMUNITY, I'M GETTING MY UTILITY BILL FOR YOU.
YOU KNOW WHAT I MEAN? IT MIGHT ENCOURAGE MORE PARTICIPATION WITH THE COMMUNITY TO GET, GET INVOLVED IN THEIR CIVIC DUTIES IS ANOTHER REASONING BEHIND THAT.
SO, ANY OTHER QUESTIONS, COMMENTS? HOW LONG DO YOU THINK YOU'VE BEEN HERE? SO LONG?
I'M JUST HAPPY, HAPPY TO SERVE.
ALL RIGHT, SO MAYOR, IF I HEAR CORRECTLY, WE'LL BRING IT BACK IN A MONTH.
THAT'LL BE THE MONDAY, THE SECOND MEETING THAT WE MOVED TO MONDAY, UH, THAT LAST WEEK OF OCTOBER.
[B. PRESENTATION OF PROPOSED UPDATES TO THE UNIFIED DEVELOPMENT CODE.]
TO, I THINK IT'S STILL, YOU'VE NO, IT'S NOT YOU, MAN.PRESENTATION OF THE PROPOSED UPDATE TO THE UNIFIED DEVELOPMENT CODE.
MEMBERS OF THE COUNCIL, UH, EACH YEAR ANNUALLY, UH, WE TRY TO, UH, PRESENT, UH, UPDATES TO OUR UDC, UH, TO BE IN COMPLIANCE WITH, UH, STATE LEGISLATION AND TO, UM, PROVIDE CLARIFICATIONS AS NEEDED.
SO TONIGHT, UH, WE'RE HERE BEFORE YOU TO TALK ABOUT, UH, WHAT OUR PLANS GOING FORWARD.
UH, WHAT WE'D LIKE IS YOUR DIRECTION AND FEEDBACK.
IF THERE'S ANYTHING ELSE THAT WE NEED TO ADD, IF THERE'S, UH, CLARIFICATIONS OR ANYTHING NEED, IF YOU'D LET US KNOW THEN, THEN WE CAN ADDRESS THOSE.
UM, WE, WE ARE LOOKING AT, UH, PROBABLY TWO GROUPS OF AMENDMENTS.
ONE, OUR FIRST GROUP THAT WE'LL FOCUS ON IS, UH, DESIGN PRIMARILY AROUND LEGISLATIVE UPDATES.
IN OTHER WORDS, UH, CHANGING OUR UDC TO BE IN COMPLIANCE WITH STATE CODE.
OUR SECOND WOULD BE OTHER UPDATES THAT WE NEED TO DO.
UM, SO YOU MAY SEE TWO PARALLEL PATHS HERE.
IT'S GONNA DEPEND ON HOW MUCH, HOW FAST WE CAN GET THE WORK DONE.
BUT YOU MAY SEE TWO PARALLEL PATHS, OR YOU MAY SEE TWO SEPARATE PATHS ON THIS.
OUR PROPOSED TIMELINE, UH, ON, OBVIOUSLY WE'RE HERE THIS EVENING, UH, P AND Z MEETING IN OCTOBER.
WE'LL BE DOING, UH, A SIMILAR PRESENTATION TO THEM.
UH, WE HOPE TO HAVE SOMETHING FOR, UH, P AND Z TO HOLD A PUBLIC HEARING AND RECOMMENDATION IN NOVEMBER AND THEN BE BEFORE YOU IN DECEMBER FOR FIRST READING AND PUBLIC HEARING.
UH, FIRST OF ALL, UH, LET'S TALK ABOUT, UH, HOUSE BILL 36 99.
UH, THIS, UH, THIS, UH, APPLIES TO SUBDIVISIONS.
UH, I THINK IT'S IMPORTANT TO REMEMBER THAT PLAT REVIEW IS A STATUTORY PROCESS, MEANING THERE'S ONLY CERTAIN THINGS THAT WE CAN REVIEW WITH A PLAT.
THEY'RE NOT DISCRETIONARY, UH, THEY'RE FUNCTION, UH, LOT SIZE STREETS, UH, ET CETERA.
UH, ONE OF THE CHANGES IS STATES THAT IT MAY NOT REQUIRE.
UH, WE MAY NOT REQUIRE AS A CITY AN ANALYSIS, STUDY, DOCUMENT AGREEMENT, ET CETERA, THAT IS NOT EXPLICITLY ALLOWED BY STATE CODE.
SO WE DO HAVE SOME THINGS THAT WE DO.
SO WE HAVE TO MODIFY OUR PROCESS ACCORDINGLY TO BE ABLE TO BE IN COMPLIANCE WITH THAT.
UM, IT ALSO TALKS ABOUT ONE A PLAT IS REQUIRED.
UH, IT IS TO DIVIDE INTO TWO OR MORE PARTS AND INCLUDE AN AREA FOR PUBLIC USE THAT COULD BE EASEMENT ROAD, UH, A NUMBER OF DIFFERENT THINGS.
I KNOW YOU'RE GONNA GET IN MORE DETAIL ANOTHER TIME.
BUT THAT SECOND PART, BY NOT REQUIRING THOSE THINGS MM-HMM
WE CURRENTLY REQUIRE A LOT OF THOSE THINGS, DON'T WE? CORRECT.
AND SO NOW WE'RE NOT GONNA BE ALLOWED TO REQUIRE THOSE BEFORE THEY PLED.
WELL, LET, LET ME, UH, GET TO THAT AND I'LL SHOW YOU HOW IT FITS IN.
UH, THEN IT ALLOWS ADMINISTRATIVE DELEGATION OF SUB SUBDIVISION AUTHORITY TO STAFF.
I THINK THIS GOES BACK TO, UH, WHAT THE INTENT OF THE STATE LAW IS, HAVING IT BE ADMINISTRATIVE PROCESS AND IT BEING A STATUTORY PROCESS.
UH, HP 34 92, UH, WE HAVE TO DETERMINE OUR ACTUAL COSTS AND REVIEW FEES BASED ON ACTUAL COSTS.
UH, THE MOST RECENT LEGISLATIVE CHANGES IN 2025, UH, INCLUDE CHANGES TO NOTICE AND PROTEST
[00:55:01]
PROCEDURES.SO YOU'LL SEE THE THRESHOLD INCREASE FROM 20% TO 60%.
WE HAVE A COUPLE AREAS IN, IN THE CODE WHERE WE NEED TO DO THAT.
IT ALSO, A, UH, MINOR, UH, THING THAT WE DO IS WE REQUIRE, UH, TAX CERTIFICATES, MEANING TAXES ARE PAID ON THE PROPERTY BEFORE THEIR, UH, PLATS RECORDED.
SO THAT'LL BE ADMINISTRATIVE, UH, CHANGE THAT WE'LL MAKE, UH, NO, NO IMPACT HOME BUSINESS IS, SO THE STATE WENT IN AS PART OF THIS BILL.
IT DEFINED WHAT A NO IMPACT HOME-BASED BUSINESS IS.
THE GOOD NEWS IS MOST OF HOW WE ARE CURRENTLY SET UP COMPLIES LARGELY WITH WHAT THEY'RE REQUIRING.
WE MAY HAVE TO DO SOME, UH, MINOR, UH, MODIFICATIONS TO UDC TO BE CONSISTENT WITH WHAT THEIR DEFINITION FOR HOME-BASED BUSINESS IS.
THEY'RE ALLOWED, IT ALLOWED IN ALL OUR, UH, RESIDENTIAL DISTRICTS AS AN ACCESSORY USE, MEANING ACCESSORY TO THE HOME.
UH, SENATE BILL 7 85 HUD CODE MANUFACTURED HOMES, UH, REQUIRES US TO HAVE A ZONE OR AN AREA WHERE THEY CAN BE, THIS TYPE OF HOUSING CAN BE, UH, CONSTRUCTED.
THE, UM, WE ACTUALLY HAVE A ZONING DISTRICT JUST FOR MANUFACTURED HOME COMMUNITIES, SO THEY CAN APPLY THAT.
FOOD TRUCKS, UH, IT PROHIBITS A, PROHIBITS A CITY FROM REQUIRING A PERMIT IF THEY HAVE A STATE PERMIT.
SO THIS MAY RESULT IN REPEAL OF SOME OF THE FOOD TRUCK ORDINANCES THAT WE HAVE.
UH, BUT WE'LL OBVIOUSLY COME BACK WITH THAT FOR YOU.
ALRIGHT, LET'S TALK A LITTLE BIT ABOUT, UH, GOING BACK TO, UH, HOUSE BILL 36 99 AND, AND TALK ABOUT, UH, COUNCIL MEMBER MACALUSO QUESTION.
UH, OUR CURRENT SUBDIVISION REVIEW PROCESS, WE HAVE MAJOR AND MINOR, UH, SUBDIVISIONS.
THE DISTINCTION IS BASED ON PHASES.
IF IT'S TWO OR MORE PHASES, IT REQUIRES APPROVAL BY THE PLANNING AND ZONING COMMISSION.
UH, IF IT'S LESS THAN TWO PHASES, THEN IT CAN BE ADMINISTRATIVELY APPROVED.
SO CURRENTLY WE'RE DOING A LOT OF, A LOT OF THE WORK ADMINISTRATIVELY.
UM, NOW, UH, WE DO REQUIRE A LAND STUDY.
THIS IS ONE OF THE THINGS THAT, UH, MENTIONED THAT, UH, WE, THAT WE CAN NO LONGER REQUIRE WITH A PLAT.
UM, AND THEN WE HAVE A, UH, MASTER DEVELOPMENT PLAN.
AND THAT'S MINOR OR MAJOR, MINOR APPROVED BY STAFF.
MAJOR ARE APPROVED BY PLANNING, ZONING COMMISSION, IF I REMEMBER CORRECTLY.
UH, AND, UH, IT, IT'S DISTINGUISHED BASED ON THE PHASES, BASED ON MAJOR OR MINOR SUBDIVISION.
AND THEN THEY DO PUBLIC INFRASTRUCTURE PLANS.
AND THEN FINALLY THEY FIND THEY, UH, FILE FOR THEIR PLAT.
AGAIN, MAJOR PLANNING AND ZONING COMMISSION MINOR IS, IS ADMINISTRATIVE.
SO WHAT WE'D LIKE TO DO, LIKE TO PROPOSE IS REMEMBERING THAT PLATTING IS A STATUTORY APPROVAL PROCESS.
INCLUDE WHAT WE'RE CALLING A MASTER DEVELOPMENT PLAN.
THIS IS NOT TO BE CONFUSED WITH WHAT WE HAVE, UH, HERE, SIMILAR BUT DIFFERENT.
IF YOU CAN THINK OF THE PLANS, UH, PRESENTED ACCOUNTS IN THE PAST FOR REGENT PARK, FOR ESPERANZA, FOR, UH, EVEN SPENCER RANCH OR CORLEY, ANY OF THOSE MASTER PLAN COMMUNITIES, UH, THAT COME IN AND PLAN A LARGE ACREAGE.
UH, THAT'S WHAT WE'RE TALKING ABOUT.
IT WOULD BE A PROJECT THAT HAS TWO OR MORE PHASES GOING BACK TO WHAT WE DO TODAY AND OR GREATER THAN 20 ACRES NOW.
THERE'S NOTHING, THERE'S NOTHING, UH, SPECIAL ABOUT 20 ACRES.
IS, IS SOMETHING WE, WE THOUGHT OF, UH, WE'LL DO SOME ANALYSIS TO SEE WHAT WE'RE SEEING IN THAT.
UM, BUT IN THAT CASE, UH, WE, THAT MASTER DEVELOPMENT PLAN, WHICH WE, WE WOULD NOT CONSIDER AS A PLAT WHERE WE COULD GET THE LAND STUDY INFORMATION.
UH, I THINK, YOU KNOW, ONE OF OUR GOALS IS, IS TO TRY TO GET INFLUENCE ONTO A PROJECT AS EARLY IN THE PROCESS AS PO POSSIBLE.
AND WE WANT TO USE LAND STUDIES.
WE WANT TO USE, UH, THOSE TOOLS TO HELP INFLUENCE THE LAYOUT AND DESIGN.
AND SO WE'RE CREATING THIS MASTER DEVELOPMENT PLAN TO DO THAT, WHERE THE COMPREHENSIVE PLANNING SHOULD BE DONE.
AND, AND THAT WOULD GO TO PLANNING AND ZONING COMMISSION.
UH, WE'RE REINSTITUTING OUR PRELIMINARY PLAT.
UH, THAT WOULD BE AN ADMINISTRATIVE FUNCTION.
UH, THEN YOUR PUBLIC INFRASTRUCTURE PLANS, UH, FINAL PLAT, UH, WITH A NOTE THAT COMMERCIAL, UH, CAN COMBINE AND OR JUST SKIP TO, TO, UH, FINAL PLAT.
UH, FOR COMMERCIAL PROJECTS, UH, ANY VARIANCE OR WAIVERS, UH, THAT ARE CURRENTLY SET UP IN OUR CODE WOULD HAVE TO GO TO PLANNING AND ZONING COMMISSION.
[01:00:01]
UH, TO CIRCLE BACK, WE THINK WE CAN RE REQUIRE THOSE STUDIES AND STUFF THAT WE DO NOW WITH THAT, UH, MASTER DEVELOPMENT PLAN, OTHER PROCEDURAL CHANGES, UH, WE ARE PROPOSING, UH, A FORMAL, UH, SITE PLAN REVIEW PROCESS, UH, CURRENTLY, UH, AS COMMERCIAL DEVELOPMENTS COME THROUGH OR MULTI-FAMILY PROJECTS COME THROUGH, UH, AS LONG AS THE, UH, AS LONG AS THEY HAVE A SUBDIVISION PLAT, UH, THEY GO IMMEDIATELY TO BUILDING PERMIT.UH, WHAT WE'RE SEEING IS WE'RE SEEING A LOT OF REQUESTS FROM DEVELOPERS TO SAY, HEY, CAN WE GET YOUR, GET EYES ON THIS, UH, TO SEE.
AND WE DO A LOT OF CURSORY REVIEWS FOR FOLKS TO SEE AND PROVIDE INPUT BEFORE THEY, UH, MAKE THE FINANCIAL INVESTMENT IN PREPARING, UH, CONSTRUCTION PLANS, THE WHOLE DOCUMENTS.
UM, IF YOU, IF YOU CAN RECALL, UH, A LITTLE BIT DIFFERENT, BUT IF YOU CAN RECALL HONDA.
HONDA, WE WENT THROUGH A PROCESS WHERE WE WERE ABLE TO NEGOTIATE QUITE A BIT AND GET A BETTER PROJECT.
THAT'S THE WHOLE IDEA AND PURPOSE BEHIND THE SITE PLAN REVIEW, IS FOLKS ARE MUCH MORE WILLING TO MODIFY WHEN THEY HAVEN'T MADE THAT EXPENDITURE.
UM, IF YOU'RE FAMILIAR WITH THE SUP PROCESS, IT'LL, IT'LL BE SIMILAR LIKE THAT IN, IN THE LEVEL OF DETAIL THAT WE WOULD ASK FOR WITH THAT SITE PLAN.
UH, ONE OF THE THINGS OUR UDC DOES NOW IS IT HAS ALL OUR APPLICATIONS.
YOU SUBMIT, YOU KNOW, NORTH ARROW, YOU KNOW, FOUR COPIES OF THIS, ET CETERA.
WHAT WE'RE GOING TO DO IS PULL THAT OUT AND PUT IT IN WHAT WE CALL A DEVELOPER MANUAL AND HAVE ONE UNIVERSAL APPLICATION PROCEDURES.
QUESTION ON THE PREVIOUS SLIDE, YOU TALKED ABOUT PLATING, SO MM-HMM
BUT NOW YOU'RE TALKING ABOUT SITE PLAN REVIEW.
SO THEY'RE PLATTING BEFORE YOU DO THE SITE PLAN REVIEW? UH, YES.
AND OR CONCURRENTLY IF IT'S COMMERCIAL.
MY QUESTION THEN IS, WHEN DOES THE COUNCIL HAVE ANY INPUT? MY CONCERN IS WHAT WE'RE DEALING WITH RIGHT NOW AND WITH OTHER PROJECTS MM-HMM
IS THAT TO YOUR, TO YOUR CREDIT, YOU'RE ABSOLUTELY RIGHT.
WITHOUT HAVING THE INPUT UPFRONT.
TOO OFTEN WE'VE HAD DEVELOPERS COME IN WITH EVERYTHING DONE.
THEY'VE, THEY'VE HIRED AN ARCHITECT, THEY'VE HIRED ALL THIS STUFF, AND THEN THEY COME IN AND THEY SAY, OH, WE CAN'T, YOU, YOU, THE CITY'S TOO DIFFICULT TO DEAL WITH.
WE SPEND ALL THIS MONEY, YOU WANNA CHANGE IT.
SO, BUT I'M, I'M GONNA BE CLEAR.
SO WE'RE NOT GONNA BE ABLE TO HAVE THAT CONVERSATION BEFORE THEY SUBMIT A PLAT.
SO TO YOUR POINT ABOUT HONDA, YES.
SO WE HAVE THAT KIND OF CONVERSATION BEFORE THEY EVEN GO THROUGH THE PLAT PROCESS.
WE CAN'T, WE CAN SET IT UP THAT IT GOES THROUGH FIRST OR CONCURRENTLY.
UH, I DON'T LIKE THE CONCURRENT BECAUSE, BECAUSE THEY DON'T LIKE THE CONCURRENTLY BECAUSE THEY'RE STILL DOING THE PLANNING WHILE YOU, WHILE YOU DECIDE WHAT THEY SHOULD DO.
COUNCILOR MACK, SO I'LL JUST LET YOU KNOW, I MEAN, COUNCIL'S CURRENTLY NOT SEEING THIS STUFF.
NOW IT'S THROUGH THOSE NEIGHBORHOOD ENGAGEMENT MEETINGS THAT ALLOWS A LOT OF THIS STUFF TO GET BUBBLED UP.
THAT PLAN, THAT PLANNING DEPARTMENT STAFF AND PZ ARE ABLE TO CAPTURE.
AND, BUT WHAT I, BUT WHAT I'M SAYING, BEN, IS THAT, IS THAT, AS YOU CAN TELL FROM, AND I GUESS I'M VERY SENSITIVE, I KNOW YOU ARE TOO.
AFTER WHAT YOU WENT THROUGH WITH THE SHORELINE, THE ONLY WAY A COUNCIL PERSON CAN REALLY LEVERAGE THEIR POSITION AS AN ELECTED OFFICIAL IS TO KNOW WHAT'S GONNA BE GOING ON AND TO HAVE SOME INPUT BEFORE.
THERE'S A LOT THAT GOES ON WITH THE DEVELOPMENT.
'CAUSE ONCE YOU GET TO A CERTAIN POINT, THEN YOU'VE GOT AN ECONOMIC INVESTMENT BY THE DEVELOPER, WHOEVER, AND THEN YOU KIND OF, LIKE, YOU, YOU, YOU, YOU NEGOTIATE FROM BEHIND.
YOU'RE 10 POINTS BEHIND, RIGHT? YOU, YOU, YOU TRAILING.
SO CURRENTLY THAT, THAT ROLE IS EITHER DEDICATED, UH, RE WHAT'S THE WORD I WANT, IS EITHER ASSIGNED TO PLANNING, ZONING, COMMISSION OR STAFF TO DO.
UH, WE CAN LOOK AT OTHER VARIOUS OPTIONS, UH, IF YOU WOULD LIKE, BASED ON THRESHOLDS.
UH, I DON'T KNOW IF YOU WANT TO SEE EVERY PANDA EXPRESS COMING BEFORE YOU, UH, OR NOT, BUT, UH, WELL, IT ISN'T SO MUCH, IT ISN'T SO MUCH ABOUT THE PROJECT.
WE KNOW THAT THERE ARE ZONING RULES THAT ALLOW FOR CERTAIN THINGS TO BE DONE.
SO WHETHER IT'S A PANDA EXPRESS OR A CHUCK E CHEESE OR A CHICK-FIL-A, WE WE'RE NOT GONNA BE ABLE TO INFLUENCE THAT.
BUT WHAT I'M SAYING IS IT DOES MATTER IN TERMS OF MAKING SURE THAT THEY ACTUALLY NOT ONLY COMPLY WITH THE UDC REQUIREMENTS FOR LANDSCAPING, DARK SKIES, WATER CONSERVATION, ET CETERA, BUT FOR GETTING ADDITIONAL THINGS THAT MIGHT BE UNIQUE TO THAT SITE THAT WE'VE BEEN SEVERAL TIMES.
AND M**K, YOU MAY NEED TO WEIGH IN ON THIS, BUT WE CAN DO THAT THROUGH A SPECIAL USE PERMIT.
UH, BUT STANDARD TRADITIONAL SITE PLAN REVIEW, WE HAVE VERY LIMITED OPPORTUNITIES TO DO THAT UNLESS IT'S CODIFIED.
LEMME SAY IT THIS WAY, IF YOU'RE GONNA PUT SOMETHING IN THE MIDDLE OF A RESIDENTIAL NEIGHBORHOOD MM-HMM
LET, LET'S USE A DIFFERENT EXAMPLE.
OLD, OLD, UH, OAK PARK, RIGHT? WHERE WE, THE, THE GAS STATION RENOVATION THAT USED TO BE BASICALLY IN MY DISTRICT, THERE WAS A LOT OF PUSHBACK FROM THE COMMUNITY ABOUT WHAT WAS GONNA HAPPEN THERE.
THEY DIDN'T WANT IT TO BE ALLOWANCE.
THEY DIDN'T WANT IT TO BE THIS, THEY DIDN'T WANT IT TO BE THAT.
WE COULDN'T TOTALLY CONTROL THAT, BUT WE COULD INFLUENCE IT.
WELL, NOW IT'S TURNED OUT TO BE THE VERY LOVELY BAKERY COFFEE SHOP, AND
[01:05:01]
IT FITS THE NEIGHBORHOOD.NOW, I'M SURE SOME PEOPLE MAY STILL DON'T LIKE IT, BUT I MEAN, IT, IT REALLY FITS MY POINT IS IF WE HADN'T GOTTEN INVOLVED IN THAT AND WE HADN'T HAD THE RIGHT KIND OF DEVELOPER, YOU KNOW, IT COULD HAVE BEEN A MUCH MORE DIFF DIFFERENT PROJECT THAN IT TURNED OUT.
I MEAN, IT'S REALLY A FIRST CLASS PROJECT.
HOW DO WE ENSURE THAT? WELL, YOU ENSURE IT BY, BY WHAT YOUR REGULATIONS ARE.
I, I, I THINK, I THINK IT WOULD BE YOUR QUESTION IS, I THINK RIGHT.
YOU DON'T HAVE PLATTING AS THAT LEVERAGE.
RIGHT? WELL, I'M JUST SAYING THAT, THAT IF, DO YOU HAVE MY CONCERN IS THAT THEY'VE ALREADY PLATTED, THEY'VE PROBABLY ALREADY GOT A PRELIMINARY DESIGN.
THEY'VE PROBABLY ALREADY GOT SOME ENGINEERING SPECS.
THEY'VE PROBABLY GOT A LOT OF STUFF.
AND WE'VE SEEN THIS WHERE THEY COME IN WITH THE PROJECT DONE.
I MEAN, PARKHOUSE IS THE CLASSIC EXAMPLE.
THEY CAME IN AND SAID, WE'VE GOT THIS PROJECT FROM DALLAS.
WE'RE JUST GONNA PUT IT RIGHT HERE.
I'M LIKE, WELL, IT DOESN'T FIT BERNIE AND THEY FIT DALLAS.
SO, I MEAN, WE'VE SEEN THIS BEFORE.
SO I'M JUST SAYING, I'M CONCERNED, I KNOW WE HAVE THE BOND MEETINGS, BUT I'M CONCERNED THAT THERE NEEDS TO BE COMMUNICATION TO SOME DEGREE BETWEEN THE COUNCIL ON WHAT'S GOING ON THERE.
SO IF THERE IS A CONCERN, WE'RE AWARE.
I'M NOT SAYING EVERY PROJECT, I REALIZE EVERY PROJECT.
BUT YOU, YOU KIND OF KNOW WHEN THERE'S GONNA BE AN ISSUE.
IF YOU'VE GOT RESIDENTIAL NEXT DOOR, IF YOU'VE GOT A, A SCHOOL NEXT DOOR, IF YOU'VE GOT WHATEVER, YOU KNOW, THERE'S GONNA BE POTENTIAL ISSUES.
SO WE JUST WANNA BE INVOLVED UPFRONT TO GET, NOT ONLY TO MAKE SURE THEY FILE THE SUP OR UDC, BUT IF THERE'S EXTRA THINGS WE WANT TO ASK FOR, YOU WANT TO ASK FOR 'EM, THEN NOT AFTER THEY'VE ALREADY SPENT THE MONEY TO DESIGN EVERYTHING.
'CAUSE THEN IT'S MUCH HARDER TO GET, THAT'S ALL I'M SAYING.
WELL, WOULD YOU LIKE FOR ME TO MAKE A COMMENT ON THAT? YEAH, PLEASE.
WHY DO WE DO THAT? WELL, PLATING IS A PROBLEM FOR THAT TYPE OF INPUT BECAUSE IT'S REALLY A MINISTERIAL ACTION.
THAT'S WHY STATE LAW HAS FOR DECADES ALLOWED THE PNZ TO BE THE FINAL AUTHORITY FOR PLAT APPROVAL.
AND NOW, UNDER THE NEW STATUTE, MANY, MANY, MANY MORE PLATS WILL BE ADMINISTRATIVE ONLY, AND NOT EVEN GO TO P AND Z.
SOME CITIES HAVE KEPT PLAID APPROVAL, FINAL PLAID APPROVAL WITH THE CITY COUNCIL.
THE PROBLEM WITH THAT NOW IN THE LAST 10 YEARS, IS YOU STILL HAVE TO MAKE THAT APPROVAL WITHIN 30 DAYS AFTER FILING.
THE CITIES THAT HAVE KEPT IT TO THEMSELVES AS CITY COUNCIL INSTEAD OF PNZ, DO SO.
AND IT'S QUITE CUMBERSOME TO DO THAT UNDER STATE LAW.
SO YOU COULD HAVE A SITE PLAN APPLICATION, GO THROUGH THE ADMINISTRATIVE PROCESS QUICKLY, AND IF IT MEETS ALL THE REQUIREMENTS, STATUTORY REQUIREMENTS, THERE'S NO OPPORTUNITY FOR INPUT EVEN BY THE PNZ NOW.
AND YOU COULD ALSO HAVE SITE PLAN APPROVAL BY THE PNZ WITH LESS THAN A MONTH OPPORTUNITY FOR ANY INPUT.
UM, I DON'T KNOW HOW OFTEN WE SEE THOSE COMPLETED SITE PLAN APPLICATIONS, BUT THERE ARE SOME, UH, THAT JUST GO RIGHT THROUGH.
AND SO THAT PLANNING IS NOT AN OPPORTUNITY FOR A COUNCIL MEMBER TO GET INVOLVED.
YOU'D HAVE TO KNOW BEFORE THAT.
AND I DON'T KNOW HOW YOU, I DON'T KNOW HOW YOU CAN DO THAT.
OF COURSE, THE MAJOR DEVELOPMENTS, EVEN RESIDENTIAL THAT WE HANDLE, WE DO LIKE TO HAVE THE OPPORTUNITY FOR DEVELOPMENT AGREEMENT SO WE CAN ADDRESS UTILITIES AND OTHER, OTHER THINGS AS WELL.
AND YOU WOULD HAVE OPPORTUNITY ON THOSE TO, FIRST OF ALL, TO KNOW ABOUT 'EM.
YOU KNOW, BEN'S, BEN AND NATHAN AND CHRISTIE ARE GONNA TELL YOU IMMEDIATELY ABOUT THOSE THINGS AND HAVE SOME ROLE IN CRAFTING THAT AGREEMENT EVERY TIME.
BUT AS FAR AS THE ADMINISTRATIVE PROCESS, IN SITE PLAN REVIEW AS WELL, IT'S, IT'S LARGELY BLACK AND WHITE AS WELL.
WHAT, I GUESS WHAT I'M ASKING IS I'M, I'M, I'M, I'M BELABORING THIS FOR A COUPLE OF REASONS.
ONE IS I WANNA MAKE SURE THAT THE PUBLIC, IF I KNOW THERE'S NO PUBLIC HERE LEFT, BUT IT'D BE SOMEBODY WILL HEAR IT, IS THAT THE STATE LEGISLATURE KEEPS HAMPERING US AS WE TRY TO CONTROL INFLUENCE DEV INFLUENCE DEVELOPMENT.
SECONDLY, IS THERE SOME WAY THAT DIFFERENT COUNCIL MEMBERS COULD AT LEAST BE APPRISED OF PROJECTS THAT APPEAR ON YOUR DESK? NOT THE WHOLE DETAIL, NOT JUST, BY THE WAY, HERE'S FOUR THINGS THAT JUST CAME UP IN THIS WEEK IN YOUR DISTRICT.
IT COULD BE A RENOVATION OF A HOUSE.
I THINK THAT THAT'S EASILY SOMETHING WE CAN DO THAT DOESN'T EVEN NEED TO BE INCORPORATED INTO WHAT HE'S TALKING ABOUT.
WE CAN ADD THAT, BECAUSE I MEAN, I'M JUST TRYING TO FIND A WAY TO MAKE SURE THAT WE ALL ARE AWARE BECAUSE, AND MAYBE I'M HYPER ACUTELY DEALING WITH THIS 'CAUSE OF THE BUCKY'S THING, BUT I, IT'S, IT'S A GOOD EXAMPLE OF A PROBLEM.
AND UNFORTUNATELY, IF IT'S NOT ADDRESSED ON THE FRONT END, YOU FIGHT AND CATCH
[01:10:01]
UP ON THE BACK END.SO, SO I DO, I WOULD LIKE TO SAY, I THINK TO YOUR CONCERNS, AND, AND I THINK THE WHOLE COUNCIL WOULD SHARE IT, THOSE TYPE OF PROJECTS THAT WOULD COME FORWARD WOULD EITHER BE CAPTURED LIKE, UH, LIKE THEY, LIKE, I'M NOT SURE IF IT WAS M**K OR NATHAN SAID THROUGH A DA UTILITY AGREEMENT, IT'LL HIT THIS MASTER DEVELOPMENT PLAN, COMP PLAN CONCEPT THAT NATHAN'S PROPOSING.
IT'LL GET YOUR, YOU'LL KNOW AHEAD OF TIME.
I THINK WE'RE GONNA CAPTURE MAJORITY OF WHAT YOUR CONCERNS ARE, BUT WE CAN TOTALLY, UH, OR ABSOLUTELY PROVIDE YOU MORE UP UPDATED CON COMMUNICATION WHAT'S HAPPENING IN YOUR DISTRICT.
I JUST THINK A LIST WOULD BE GOOD, JUST SO YOU KNOW, WE'RE AWARE OF IT.
'CAUSE I ALSO THINK A, A A 10 ACRE, I MEAN, A 20 ACRE, UH, PROJECT IS A PRETTY, A PRETTY LARGE SCALE PROJECT.
YOU KNOW WHAT I MEAN? I, I WOULD THINK A SMALLER NUMBER, 10 OR ABOVE WOULD BE A BETTER NUMBER TO SAY IT'S MAJORING OR MINOR FOR ME.
I DON'T KNOW WHAT ANYBODY ELSE THINKS.
YEAH, I, HOW MANY ACRES WAS HOME? I SAY A GOOD WAY TO DO IT IS ALSO, UH, FOR PERMITS, SOMEONE'S PULLING PERMITS.
IT'S AN EASY WAY TO GET THAT INFORMATION.
MAX'S POINT, I WAS BEING AWARE OF WHAT'S IN OUR DISTRICT WOULD BE NICE.
I GET ASKED ALL THE TIME, WHAT'S HAPPENING AT EVERY SINGLE PIECE OF PROPERTY AS SOON AS ANYTHING'S MOVED.
AND I WOULD LIKE TO HAVE ANSWERS WHEN I ASK THOSE QUESTIONS.
SO I THINK IT'S A FAIR POINT ALSO ON THE LEGISLATIVE PERSPECTIVE.
AND I THINK IF I READ THAT RIGHT, THIS HOUSE BILL PASSED IN 2023, NOT IN THIS MOST RECENT SESSION.
IS THAT CORRECT? SO IT'S BEEN AROUND FOR TWO YEARS.
IT JUST HASN'T BEEN EXERCISED HERE.
SO I MEAN, YOUR, YOUR POINT'S TAKEN.
UH, ALSO WE'RE LOOKING, WE TALKED ABOUT, UH, HLC AND HISTORIC LANDMARK COMMISSION A WHILE AGO.
ONE OF THE THINGS WE'RE LOOKING AT IS TRYING TO, RIGHT NOW OUR PLAT EXEMPTIONS FOCUS PRIMARILY ON SINGLE FAMILY, UH, RESIDENTIAL.
SO WE'RE LOOKING AT WAYS, UH, CAN WE ADD PLAT EXEMPTIONS FOR COMMERCIAL THAT MAKES SENSE.
UH, DOWNTOWN DOESN'T MAKE SENSE WHEN THERE ISN'T ANY, UH, PUBLIC RIGHT OF WAY OR ANYTHING NEEDED THAT WE CAN, THAT WE CAN ADDRESS THAT TO KIND OF HELP SPEED THAT UP, UH, SPEED THAT, UH, PROCESS UP, ESPECIALLY DOWNTOWN.
UH, SO WE'RE LOOKING AT THOSE, UH, WE'RE LOOKING AT CONCURRENT REVIEWS, MAKING SURE OUR CODE SPECIFIES WHAT CAN GO.
IT WILL REQUIRE THAT LEGISLATIVE ACTIONS, MEANING A SUP OR A, UH, REZONING, UH, SOMETHING LIKE THAT WOULD, WOULD, UH, HAPPEN FIRST.
AND EVERYTHING ELSE IS CONTINGENT ON THAT.
WHAT WE DO RIGHT NOW IS WE HAVE WHAT WE CALL A SITE DEVELOPMENT PERMIT, AND THAT ALLOWS, UH, CONSTRUCTION OF ONSITE, UH, IMPROVEMENTS AT THE SAME TIME THAT YOU'RE DOING THE PUBLIC IMPROVEMENTS.
ONE OF THE REQUESTS THAT WE GET AS PEOPLE EXTEND, FOR EXAMPLE, A, A WATER LINE FROM THE STREET INTO A SITE, IS THEY WANNA LAY THAT WATER LINE AND THEY WANNA BRING IT UP AND KNOW WHERE ON THEIR, UH, FOUNDATION WHERE IT'S GONNA BE.
AND SO, UH, WE'RE GONNA SPECIFY, UH, FOUNDATION PERMITS.
IT ALLOWS 'EM TO DO ANYTHING EXCEPT GOING VERTICAL, UM, WITH THAT SITE DEVELOPMENT PER PERMIT.
UM, AND THEN, UH, TEMPORARY CERTIFICATE OF OCCUPANCIES REALLY HAMMER DOWN WHAT THEY CAN BE USED FOR, HOW THEY'RE USED AND, UH, WHEN THEY'RE APPROPRIATE.
PLAID EXEMPTIONS, EXPLAIN WHAT THAT MEANS.
SO WHAT THAT MEANS IS, IN SOME, IN SOME INSTANCES, UH, A PIECE OF PROPERTY WILL COME IN AND IT HAS NOT BEEN SUBDIVIDED FORMALLY.
UM, BUT, UH, AND IN THE NORMAL PROCESS, THEY WOULD HAVE TO APPLY FOR A SUBDIVISION PLAT.
UH, THE BIGGEST, ONE OF THE BEST EXAMPLES I HAVE IS KLEIN'S STEAKHOUSE.
UH, YOU KNOW, GENERALLY SPEAKING, THIS IS GENERAL.
THEY COME IN, THEY'VE BEEN THERE FOREVER, PROPERTIES HAVE BEEN THERE FOREVER.
UH, PROPERTY LINES ARE ALL KIND OF, UM, DIFFERENT.
AND, AND, BUT OUR CODE WOULD REQUIRE THEM TO PLAT BEFORE THEY DID ANY REMODEL OR ADDITIONS TO IT.
SO IF THERE'S A CASE LIKE THAT WHERE THERE ISN'T, UH, THERE ISN'T A NEED FOR A PUBLIC RIGHT OF WAY, OR, OR EASEMENTS OR STUFF LIKE THAT, THEN WE CAN GO AHEAD, GO AHEAD AND ALLOW THEM TO GO.
BUT THESE PLAID EXEMPTIONS HAVE NOTHING TO DO WITH CODE COMPLIANCE UDC COMPLIANCE.
WHAT, WHAT ABOUT FOR AN EXEMPTION FOR A PROP PROPERTY? BUT IF IT'S A THREE OR FOUR ACRE PROPERTY AND IT'S, THEY'RE DOWNTOWN OR WHATEVER, RESIDENTIAL OR COMMERCIAL, BUT NOW THEY WANNA PUT TWO HOMES ON THE BACKSIDE OF THAT.
RIGHT? THEY DON'T HAVE TO REPL.
WELL, AGAIN, WE HAVE TO WALK, GET THOSE FOR YOU.
ANOTHER EXAMPLE WOULD BE IF SOMEBODY WANTED TO, UH, REBUILD A HOME ON A LOT THAT'S NOT IN A SUBDIVISION PER SE, CODE TECHNICALLY SAYS YOU GOT A PLA.
[01:15:01]
IT IS VERY COMPLICATED IN DOWNTOWN.WE HAVE A LOT, IT'S A GOOD IDEA TO, TO TREAT IT MORE CASE BY CASE.
YEAH, JUST TRY TO GIVE THAT A, SOME, A LITTLE MORE DISCRETION AND, AND IT'S A GREAT IDEA.
CERTIFICATE OF TEMPORARY TEMPORARY CERTIFICATE OF OCCUPANCY.
WHAT WOULD GET ME A TEMPORARY CERTIFICATE? SO WHAT, WHAT THAT REQUIRES
WHAT HAVEN'T I DONE THAT? I DON'T HAVE A REAL CERTIFICATE.
SO A A GOOD EXAMPLE IS, UM, UH, LET'S TAKE, LET'S TAKE AN APARTMENT COMPLEX THAT IS JUST READY TO BE COMPLETED.
A LOT OF TIMES THEY'LL WORK ON THEIR CLUBHOUSE FIRST.
THEY MAY NOT HAVE ALL THE SITE, UH, OR EVEN A COMMERCIAL BUILDING FOR THAT MATTER.
THEY MIGHT NOT HAVE ALL THE SITE COMPLETED YET, BUT THEY WOULD LIKE TO BRING IN THE FURNITURE AND, YOU KNOW, THE SHELVING FOR THAT STORE.
SO WE CAN ALLOW THEM TEMPORARILY TO BE IN THERE UNDER THESE CIRCUMSTANCES.
THAT'S NOT REALLY OCCUPANCY, THAT'S NO, BUT THAT'S WHAT IT'S CALLED.
UH, WE'RE LOOKING AT WATER CONSERVATION, UH, SPECIFICALLY OUR ZEROSCAPE AND IMPERVIOUS COVER.
WE WANNA MAKE SURE WE HAVE GOOD STANDARDS FOR, UH, ZERO ESCAPING IN THE COMMUNITY AND ENCOURAGE THAT.
UH, WE DO HAVE TO ADDRESS IMPERVIOUS COVER AS IT RELATES, BECAUSE THAT CAN INCREASE YOUR, UH, STORM WATER FLOWS.
UH, WE'RE LOOKING AT REQUIRING, UH, RAINWATER CAPTURE FOR NON-RESIDENTIAL USES.
UH, THAT WOULD ALSO, I WOULD ALSO, UH, IN, IN, WHEN I SAY NON-RESIDENTIAL, THAT MEANS, UH, MULTI COMMERCIAL AND MULTIFAMILY.
UH, HVAC CONDENSATION CAPTURE BASED ON REQUIRED BASED ON USE AND OR SIZE OF THE BUILDING.
UH, FOR NON-RESIDENTIAL, UH, WE NEED TO CLARIFY OUR DRAINAGE REQUIREMENTS, UH, FOR REDEVELOPMENT AND ADDITIONS.
UH, THERE'S, UH, AND, AND, UH, DIRECTOR CAROL AND I HAVE TALKED, TALKED ABOUT THIS A LITTLE BIT TODAY.
UH, BUT WE WANNA LOOK AT, SEE IF WE CAN DO THAT, UH, AND HELP AVOID SOME, UH, CONFUSION IN THAT.
AND FINALLY, UH, WITH THE NEW LEGISLATION, UH, IT DOES REQUIRE US TO LOOK AT IMPACT FEE CREDITS, UH, IF THEY ARE PROVIDING CERTAIN THINGS.
UH, SO WE'RE ALSO GONNA LOOK AT THAT.
AND CHRISTIE, YOU CAN HELP ME ON THAT ONE.
I GOT A QUESTION ON THE ZY ESCAPE AND IMPERVIOUS COVER.
SO WHAT ABOUT THE HOAS? LIKE, THERE'S CERTAIN HOAS THAT SAY YOU, YOU CAN'T XC SKATE, BUT IF WE SIT THERE AND SAY, WE WANT YOU TO XC SKATE, DOES THAT OVERRIDE THE HOA? WELL, HOAS ARE A PRIVATE AGREEMENT BETWEEN YOU AND, AND THAT ORGANIZATION.
SO THEY, SO WE WOULDN'T ACTUALLY GET INTO THAT, UH, DISCUSSIONS WITH THEM.
WELL, BUT, BUT LEMME SAY THIS, UNDER STATE LAW, FOR EXAMPLE, THERE'S A FOUR YEAR STATUTE OF LIMITATIONS ON HOAS.
SO IF, IF YOU'VE GOT SOMETHING THAT WAS PUT IN 20 YEARS AGO BY, AND THE PREVIOUS ITERATIONS OF THE HO A NEVER SAID ANYTHING, AND THE NEW HO A SAYS, OH, THAT, THAT NEEDS TO BE CHANGED, THEY CAN'T MAKE YOU DO IT BECAUSE THE STATUTE OF LIMITATIONS IN THE STATE LAW IS FOUR YEARS FROM THE DATE OF THE EVENT, NOT THE DATE OF NOTICE.
SECONDLY, THE ISSUE WITH ZERO SCAPE AND IMPERVIOUS COVER, I DON'T KNOW THAT WE CAN REQUIRE IT, BUT, UH, IT WOULD SEEM TO ME THAT IN THE ENVIRONMENT WE'RE IN, THE STATE HAS NOW SAID THAT YOU CANNOT REGULATE RAINWATER CAPTURE.
SO IF A RESIDENTIAL BUILDING WANTS TO PUT IN RAINWATER CAPTURE, HOA CANNOT PREVENT IT.
THEY CAN SAY, I'D RATHER YOU NOT DO IT, BUT THEY CANNOT LEGALLY PREVENT IT.
MY CONCERN IS THAT SOME OF THE COVENANTS, JUST LIKE WE'RE UPDATING STUFF MM-HMM
THERE ARE A NUMBER OF HOA COVENANTS THAT WERE WRITTEN 20 YEARS AGO, 10 YEARS AGO, 30 YEARS AGO, WHENEVER THEY'VE NEVER BEEN UPDATED.
AND THEY DON'T REFLECT EITHER STATE LAW OR THE REALITY OF THE COMMUNITY.
SO I DON'T KNOW ABOUT THE WORDING, BUT IT WOULD SEEM TO ME THAT WHEN, IF THERE'S WORDING THAT SAYS, FOR EXAMPLE, UM, NO MORE THAN 10% OF YOUR YARD CAN BE ROCK OR, OR ZERO SKATE MATERIAL, THE REST HAS TO BE GRASS.
THAT, THAT'S, THAT'S ABSURD, RIGHT.
SO I'M JUST SAYING THAT I DON'T KNOW THAT WE CAN DO THAT OR HOW WE DO THAT, BUT I WOULD SAY WE SHOULD BE ABLE TO DO THAT AS A CITY.
I DON'T KNOW IF WE CAN DO IT BY ORDINANCE.
UH, I HAVE TO DEFER TO OUR LEGAL COUNSEL, UH, IF THAT'S EVEN APPLICABLE.
BUT, HEY, I'M NOT TRYING TO LIMIT THE HO A'S ABILITY TO ENFORCE DESIGN STANDARDS, WHICH IS REALLY THE ISSUE.
M**K, CAN YOU SPEAK TO THE, IF WE DO A CITY ORDINANCE ON THIS AND HOW IT MIGHT IMPACT HOAS AND THEIR EXISTING, UH, WELL, OUR CITY ORDINANCES APPLY CITYWIDE WHETHER THERE'S AN HOA OR NOT.
AND OF COURSE, WE HAVE NO AUTHORITY OVER THE COVENANTS WHETHER TO ENFORCE THEM OR NOT, OR WHETHER THEY'RE ENFORCEABLE OR NOT.
SO, UH, WE REALLY DON'T LOOK AT THAT.
WE LOOK AT WHAT THE ORDINANCE REQUIRES.
SO WHAT I'M SAYING IS, IF THE CITY PASSES AN ORDINANCE THAT SAYS YOU CANNOT LIMIT THE, UH, ABILITY TO HAVE PERVIOUS COVER, THAT'S NOT GRASS.
[01:20:01]
CAN'T THAT WE CAN'T DO THAT, DO ANYTHING TO REGULATE AN HOA OKAY.THAT'S THE CITY OF HOUSTON IS THE ONLY CITY THAT CAN, SO THIS WOULD MAYBE BE MORE FOR NEW BUILD, NEW, NEW PROJECTS, NEW DEVELOPMENTS WHERE WE COULD CONTROL THIS AND INFLUENCE THOSE NEW HOA OPPORTUNITIES.
WITH THAT, HAPPY TO ANSWER QUESTIONS, UH, AND GET ANY FEEDBACK THAT YOU HAVE.
I THINK YOU ALREADY ANSWERED MOST ONE QUESTION ON THE, WE GO BACK ONE SLIDE ON THE DRAINAGE REQUIREMENTS FOR REDEVELOPMENT ADDITIONS.
IS THAT TO CHANGE THINGS OR PURELY CLARIFY, UH, CLARIFY.
SO RIGHT NOW WE REQUIRE, IF YOU ADD NEW, UH, 200 SQUARE FEET, UH, THEN YOU'RE, YOU HAVE TO DO CERTAIN THINGS.
UH, LOW IMPACT DEVELOPMENT, THAT KIND OF STUFF.
UH, UH, WE WE'RE GETTING A LOT OF, UH, INPUT, UH, FROM FOLKS ON, WELL, IT'S A PARKING LOT NOW, AND I JUST WANNA PUT A BUILDING ON IT.
THAT'S WHAT WE WANT TO ADDRESS.
I UNDER, I UNDERSTAND THE, THE GOAL IS TO, OVER TIME, IMPROVE WATER QUALITY.
SO I THINK, UH, WE CAN FIND A MIDDLE GROUND THAT HELPS THAT.
ANY OTHER QUESTIONS? NO, THANK YOU, NATHAN.
[A. RECOGNIZING LARRY WOODS - 2025 RECIPIENT OF THE MARION SZUREK LEADERSHIP AWARD.]
ITEM EIGHT, A CITY MANAGER'S REPORT.WE GOT THREE ITEMS UNDER MY, UH, REPORT TODAY.
I WANNA FIRST, UH, ASK DIRECTOR WOODS TO COME ON UP.
YOU GUYS MAY HAVE SEEN, UH, THE, THE NEWS ABOUT LARRY'S MOST RECENT AWARD.
IT WAS A SURPRISE TO HIM A COUPLE WEEKS AGO AT A STATEWIDE CONFERENCE.
HE HAD NO IDEA THIS WAS GONNA BE AWARDED TO HIM.
UH, HE RECEIVED THE, UH, THE MARIAN ZURICH LEADERSHIP AWARD.
UM, LARRY'S HAS A REMARKABLE HOSPITALITY AND TOURISM CAREER, IF YOU EVER GET A MOMENT TO TALK TO HIM ABOUT ALL OF HIS EXPERIENCES NATIONWIDE AND ACROSS THE STATE.
HE HAS A LOT OF STORIES WITH A LOT OF INTERESTING INDIVIDUALS.
BUT HE IS DONE A GOOD JOB, AND HE IS WORKED FOR US, UH, UH, FOR A MOMENT NOW, AND, AND HAS HELPED, UH, BRING ON THE BEVY.
HE IS HELPED INCREASE THE, UM, ATTRACTION OF ALL OF OUR HOTELS IN TOWN.
WE DO WELL, UH, HERE IN IN TEXAS.
I'LL LET YOU KNOW, RECENTLY I WAS UP IN DALLAS AT A MEETING AND WE WERE GETTING, UM, A PRESENTATION ABOUT SOME TOURISM INITIATIVES AND OPPORTUNITIES FOR CITIES TO INCREASE THE HOTEL OCCUPANCY OF THEIR, UH, OF THEIR CITIES.
I RAISED MY HAND AND I SAID, HEY, WHAT ABOUT THIS? AND HE GOES, WELL, WHERE ARE YOU FROM? WHAT CITY ARE YOU WITH? AND I SAID, BERNIE.
HE GOES, OH, LARRY WOODS IS THE BEST IN THE STATE OF TEXAS.
AND, UH, ANYWAY, I JUST WANTED TO, UM, HIGHLIGHT THIS AWARD.
I WANT LARRY TO ACTUALLY SPEAK ABOUT THE, THIS AWARD SPECIFICALLY.
UH, WE'RE GRATEFUL FOR WHAT HE DOES HERE IN OUR, UH, VISIT BERNIE, UM, DEPARTMENT.
UH, AND, UH, WE'RE JUST GRATEFUL FOR ALL OF HIS WORK AND WANNA CONGRATULATE HIM.
I'LL LET HIM SPEAK, AND THEN WE'RE GONNA DO A PICTURE WHERE WE'LL RECEIVE THIS AWARD OR WE'LL GIVE THIS AWARD TO LARRY.
UH, THIS IS AN AWARD THAT THE TEXAS ASSOCIATION CONVENTION VISITORS BUREAU DOES NOT GIVE OUT EVERY YEAR.
AND WHEN THEY DO, NOBODY KNOWS WHO'S GONNA GET IT EXCEPT FOR THE COMMITTEE THAT SELECTS THE PEOPLE, UH, TO, TO RECEIVE IT.
UH, MARIAN ZURICH WAS WITH THE, UH, SAN ANGELO CONVENTION VISITORS BUREAU FOR 15, 16 YEARS.
UH, SHE STARTED THE TEXAS ASSOCIATION CONVENTION VISITORS BUREAU WITH FOUR OTHER, UH, DIRECTORS IN THE STATE.
SHE WAS A BULLDOG FOR TOURISM.
SHE WAS, UH, SOMEBODY THAT WE ALL LOOKED UP TO.
AND, UH, SHE PASSED AWAY, I THINK IT WAS IN 2017.
THAT'S WHEN THEY NAMED THIS AWARD AFTER HER.
THEY WERE GIVEN THE AWARD OUT UNDER A DIFFERENT NAME, BUT THEY CHANGED IT TO HER NAME IN HONOR OF HER, I THINK, FROM THE EIGHTH RECIPIENT OF THE AWARD SINCE THEN.
THEY DIDN'T GIVE THE AWARD OUT, I THINK FOR THREE OR FOUR YEARS.
SO, UH, I GOT TO GET UP AND SPEAK.
AND, UH, I, I WILL TELL YOU, I, UH, I WAS THERE BECAUSE OF THE FACT THAT OUR MANAGEMENT AND ASSISTANT CITY MANAGERS AND BEN, THEY ENCOURAGED US TO GET INVOLVED IN OUR INDUSTRIES AND, UH, REPRESENT THE CITY OF BERNIE.
IT'S BEEN A PLEASURE TO DO SO.
AND SO, UH, IT WAS A LOT OF FUN.
IT WAS QUITE SCARY THEN I GOT IT
WE HAVE A, A FABULOUS PRODUCT TO SELL.
UH, JEANETTE TEAGUE, TORY BELLOWS, AND VAL ANDERSON.
AND MY STAFF DO A FANTASTIC JOB.
THEY'VE ALL BEEN WITH ME FOR GOING ON 12 YEARS NOW.
SO, UH, WE TAKE OUR JOB VERY SERIOUS.
WE'D BE VERY STRATEGIC AND VERY DELIBERATE IN WHAT WE DO.
AND, UH, WE'LL JUST CONTINUE TO DO IT.
WE'LL GET A PICTURE AND WE'LL ASK, I ALSO INVITE MARY, YOUR WIFE MARY, TO COME UP AND JOIN US.
[01:25:02]
I DON'T HAVE ONE.WANTED TO GET OFF OF MY TIME, PLEASE.
[B. FINAL WRAP-UP OF THE 89TH TEXAS LEGISLATIVE SESSION.]
THE, UH, THE NEXT ITEM I'M GONNA ASK CHRISTIE START TO COME UP AND GIVE US ANOTHER LEGISLATIVE UPDATE.WE'VE HAD A COUPLE SPECIAL SESSIONS THIS SUMMER, AND I WANT HER TO BRIEF YOU ON WHAT TRANSPIRED THERE.
ALRIGHT, WELL, WE PROMISED TO COME BACK AND, AND WRAP IT ALL UP AFTER THE, UH, SECOND SPECIAL SESSION.
SO THE LEGISLATURE THIS YEAR, UM, THE GOVERNOR DID CALL TWO SPECIAL SESSIONS AFTER THE REGULAR SESSION ENDED.
AND WE ARE HAPPY TO SAY THAT THERE ARE GONNA BE NO MORE SESSIONS THIS TIME.
SO THANK GOD, UH, WHAT'S DONE IS DONE.
AND NOW WE'RE JUST DEALING WITH WHEN ACTUALLY ALL THE BILLS, UH, BECOME EFFECTIVE.
DID WANNA HIGHLIGHT JUST A FEW THINGS.
SO, UH, REALLY FOR THE SPECIAL SESSION, THESE WERE THE DIFFERENT ITEMS THAT, UH, WERE ON THE, YOU KNOW, THE HOT LIST, EITHER OF THE GOVERNOR OR THE, THE LIEUTENANT GOVERNOR.
AND, UH, SO THIS NEXT SLIDE THOUGH WILL SHOW, UM, EXACTLY WHAT WAS PASSED, WHAT DID NOT, UM, MAKE IT THROUGH, UH, TO THE END AND BECOME LAW.
UM, AND I'LL JUST GO THROUGH THESE VERY BRIEFLY.
UM, SO THE FIRST ONE IS SENATE BILL 14, AND THIS IS THE ONE THAT, THAT, UH, DIRECTOR CRANE REFERENCED DURING HIS PRESENTATION.
UM, SO THIS IS ONE THAT, UM, ALLOWS A CITY OR, OR REALLY, UM, INSTRUCTS A CITY THAT IF A, UH, IF SOMEONE USES ANY TYPE OF, UM, WHAT WOULD YOU SAY, UH, ANY TYPE OF ELEMENT THAT WOULD, UH, REDUCE WATER USE, UH, REDUCE WASTEWATER USE AND DIFFERENT THINGS LIKE THAT, THAT THEY COULD POTENTIALLY BE ELIGIBLE FOR AN IMPACT FEE CREDIT.
UM, THERE IS NO LIST OF EXACTLY WHAT THOSE ITEMS ARE, AND THERE'S ALSO NO INSTRUCTION ON HOW YOU WOULD CALCULATE THAT IMPACT FEE CREDIT.
UH, SO, UH, DIRECTOR MANN AND I, UH, VISITED ABOUT THIS YESTERDAY.
AND WE REALLY FEEL THAT AT THIS POINT, YOU KNOW, WE, WE MAY BE ADDRESSING THIS ALREADY, UH, THROUGH THE USE OF, UH, THE SIZE OF WATER METER THAT YOU WOULD HAVE ON A PROJECT.
BECAUSE IF YOU ALREADY WERE DOING LIKE POTENTIALLY SOME OF THE, UH, HVAC RECAPTURE, LET'S SAY YOU WERE DOING THAT ON A PROJECT, YOU WOULD ALREADY KNOW HOW MUCH, UH, WATER THAT WAS GONNA GENERATE BASED ON YOUR BUILDING SIZE AND, AND, UH, UH, THE KIND OF EQUIPMENT THAT WOULD GO ALONG WITH THAT.
SO YOUR METER WOULD BE SMALLER.
SO WE'RE GONNA, WE'RE GONNA CONTINUE TO PURSUE THIS.
IT DOESN'T GO INTO EFFECT TILL JANUARY 1ST, BUT IT, THIS ONE DOES, YOU KNOW, HAVE A FEW QUESTIONS, UH, FOR US TO ANSWER OUTDOOR SIRENS.
THIS ONE WAS ALSO PASSED, BUT, UH, THIS IS GONNA BE DETERMINED BY THE TEXAS WATER DEVELOPMENT BOARD, AND IT'S FOR COMMUNITIES THAT HAVE A, A HIGH TENDENCY FOR FLOODING LIKE WE SAW IN KERRVILLE.
UM, SO THEY'LL DETERMINE WHAT COMMUNITIES ARE ELIGIBLE FOR THESE.
AND THERE'S ALSO GRANTS THAT CAN BE, UH, APPLIED FOR TO, TO COVER THE COST OF THE OUTDOOR SIRENS.
UH, REDI REDISTRICTING, THIS WAS THE ONE THAT GOT THE MOST HEADLINES, I GUESS NATIONWIDE HEADLINES.
UM, AND THEN FINALLY, UM, SENATE BILL ON H BILL ONE, THIS WAS IN, THIS WAS IN, UH, RESPONSE TO THE FLOODING THAT HAPPENED OVER JULY 4TH.
THEY PUT A WHOLE, UH, LIST OF YOUTH CAMP SAFETY ITEMS, WHICH ARE NOTHING BUT GOOD.
UM, THAT, YOU KNOW, REQUIRES A YOUTH CAMP TO HAVE A SAFETY PLAN, TO HAVE TRAINED THE FOLKS WHO WORK THERE TO KNOW EXACTLY WHAT THEIR EXIT STRATEGY AND HOW THEY WILL RESPOND.
UM, IT GIVES A NOTIFICATION SYSTEMS AS WELL AS, UH, IT'S GONNA GO SO FAR AS TO PROBABLY REMOVE ANY TYPE OF, UH, CABIN OR LIVING FAC OR OVERNIGHT FACILITY, UM, OUT OF FLOODPLAINS OR, OR NEAR FLOOD WATER.
SO, UM, THERE'LL BE A LOT OF, UH, THINGS MOVING FORWARD FOR THE DIFFERENT YOUTH CAMPS THAT WE HAVE IN THE HILL COUNTRY AREA.
THANKFULLY, THE, THE RED XS, THESE ARE, THESE ARE ITEMS THAT DID NOT MAKE IT THROUGH, AND WE WERE, WE WERE NOTHING BUT HAPPY.
UM, SO, UH, THERE WAS A CHANCE YOU COULD LOWER THE VOTER APPROVAL TAX RATE, UH, THAT THAT WHICH WOULD'VE BEEN VERY DETRIMENTAL TO ANY CITY TRYING TO, UM, YOU KNOW, JUST COVER THE INFLATION THAT YOU GET EACH, EVERY, EACH AND EVERY YEAR.
[01:30:01]
UH, PROPERTY TAX HEARING NOTICES, WE WOULD'VE HAD TO HAVE, SEND OUT A NOTE, SENT OUT A NOTICE FROM THE CITY TO EVERY SINGLE TAXPAYER EVERY YEAR, UH, WHICH WOULD'VE BEEN VERY TEDIOUS, INEXPENSIVE.UH, THE THC BAN DID NOT, UH, DID NOT PASS.
UH, THE GOVERNOR VETOED THAT ONE.
AND THEN ALSO, UH, COMMUNITY CENSORSHIP.
AND THIS ONE WAS INTERESTING BECAUSE IT ONLY APPLIED TO SCHOOL DISTRICT LIBRARIES, BUT YOU KNOW, IF SOMETHING LIKE THAT PASSES THE NEXT TIME THEY COME AROUND, IT COULD APPLY TO ANY LIBRARY AND IT WOULD'VE, UM, REQUIRED A COMMITTEE, UH, THAT WOULD'VE BEEN ABLE TO CHOOSE WHAT, UH, LITERATURE IS AVAILABLE AT A LIBRARY.
SO, UH, THIS ONE ALSO DID NOT PASS.
UM, SO THESE ARE THE MAIN BILLS, UH, THAT CAME OUT OF THE SPECIAL SESSION.
AND, UH, I'M HAPPY TO ANSWER ANY OTHER QUESTIONS YOU MAY HAVE.
ANY QUESTIONS? THE ONLY THING I WOULD SAY ON THE IMPACT FEE CREDITS, I UNDERSTAND THE POINT ABOUT THE WATER METER SIZE, THE WATER, UH, PIPE SIZE.
I THINK THERE SHOULD BE ANY INCENTIVE WE CAN MAKE FOR RAINWATER, HVAC, UM, THAT GOVERNED BY LID AND ALL THAT I REALIZE.
BUT, UM, TO THE EXTENT THAT WE CAN DO THAT WITH BOTH FOR RESIDENTIAL AND COMMERCIAL, WE SHOULD DO IT.
[C. MONTHLY PROJECTS REPORT.]
LAST ITEM I HAVE, IT WILL BE MY MONTHLY PROJECT UPDATE REPORT.I DID SEND THAT OUT TO YOU YESTERDAY.
THIS IS THE LAST ONE FOR THE FISCAL YEAR.
I'M GRATEFUL FOR MY TEAM FOR THEIR, UH, DILIGENCE IN FOCUSING ON THESE PROJECTS AND KEEPING THEM UPDATED.
UH, WE'LL GO THROUGH, YOU'LL SEE ANYTHING IN GREEN THAT STILL HAS A COMPLETION DATE BEYOND THIS FISCAL YEAR.
WE'LL ROLL INTO NEXT YEAR'S REPORT AND WORK PLAN.
THERE ARE SEVERAL ITEMS THAT MAY SHOW AN IN NEXT, UH, COMPLETION DATE OF NOVEMBER OF SEPTEMBER THIS YEAR.
SO PROBABLY WITHIN THE NEXT WEEK OR TWO, THEY WILL BE COMPLETE.
AND SO WE'LL, WE'LL SHOW THOSE.
AND IF THEY MOVE NEXT, NEXT MONTH, I'LL SHOW THAT THEY, YOU KNOW, THEIR COMPLETION DATE, UH, STRETCHED OUT A LITTLE BIT.
UM, JUST WANNA LET YOU KNOW THE, FOR EXAMPLE, THE TRAFFIC SIGNAL ILLUMINATES GRADES US A PROJECT, BEEN WORKING WITH TXDOT.
WE WERE HOPEFUL TO HAVE HAD THAT COMPLETED THIS YEAR.
THAT'S GONNA GET PUSHED OUT INTO THE NEXT YEAR JUST BASED ON THEIR FUNDING, UH, APPROVAL FROM THE, FROM THEIR STATE, UH, ALLOCATION.
BUT THIS IS A PROJECT THEY REALLY WANT TO DO, WHICH WILL, YOU KNOW, ILLUMINATED, UH, STREET SIGNS AT ALL OF THE TEXTILE LOCATIONS WHERE THERE'S A TRAFFIC SIGNAL.
UM, THE, I, I BELIEVE I HIGHLIGHTED THIS LAST MONTH, BUT THE ROUNDABOUT AT JOHNS ROAD, WHICH WAS KIND OF TIED INTO OUR BOND, UH, ELECTION.
UM, WE ARE LOOKING TO HAVE A CONSTRUCTION, UH, PLAN FOR NEXT SUMMER.
ALTHOUGH I WILL TELL YOU, WE'RE GONNA PROBABLY TENTATIVELY PAUSE ON THAT WAITING FOR THE TOTAL BUILD OUT OR, OR PLAN FOR THE ADLER ROAD PROJECT.
WE NEED TO MAKE SURE WE HAVE ENOUGH FUNDING FOR THAT FIRST BEFORE WE GO INTO THE ROUNDABOUT.
OF COURSE, WE'LL STILL PURSUE GETTING THIS BUILT IF IT'S NOT THROUGH THOSE BOND FUNDS.
WE'LL LOOK FOR OTHER ME MECHANISMS TO DO THAT.
WE ARE EXCITED TO BE ABLE TO GET OUR FIRST ROUNDABOUT SOMEWHERE IN TOWN.
WE DO, UH, WE DO, WE HAVE IDENTIFIED JOHNS ROAD AS BEING THAT FIRST ONE NEXT.
UM, NOTHING HERE IS STARRED, BUT I WILL LET YOU KNOW THAT DIRECTOR MANN INFORMED ME YESTERDAY THAT THE PILOT STUDY THERE AT THE BOTTOM LEFT CORNER IS ALMOST DONE.
WE WILL HAVE A PRESENTATION TO YOU THAT TALKS ABOUT WHAT THAT LOOKS LIKE, WHAT THAT STUDY CAME BACK, AND SEEING WHAT TYPE OF EXPANSION WE NEED AT OUR WATER PLANT, THE RIVER ROAD PARK MONUMENT SIGN THERE IN THE, IN THE SECOND ROW, UM, THAT IS BEING CONSTRUCTED.
NOW, IF YOU'VE DRIVEN BY RIVER ROAD PARK AND YOU'VE SEEN SOME CONTRACTORS DOING SOME MASONRY WORK, THIS SIGN WILL BE HOPEFULLY BE DONE BY THE END OF NEXT WEEK.
AND OF COURSE, WE, UH, COMPLETED THE, UH, THE LIGHTING, UH, CLOSET.
THAT AND THAT, AND THAT SIGN IS PART OF THE, DOES THAT COME FROM THE, UH, ENTRANCEWAY AND CORRIDOR DESIGN? NO, THAT'S SEPARATE, SEPARATE FUNDING.
BUT I MEAN, IS THAT THE CON CONCEPT? THAT CONCEPT? OH, ABSOLUTELY.
IF YOU GO BACK TO THAT, UM, GO BACK TO THAT RIVER, THAT PARK, IT LOOKS LIKE IT DOES GO BACK.
THAT'S THE, THE EXACT CONCEPT THAT CAME OUT OF THAT, UH, URBAN DESIGN PLAN THAT YOU GUYS ADOPTED LAST YEAR AS PART OF THE ROLLING 10 YEAR MASTER PLAN.
THOSE ARE THE KIND OF COTTONS THAT INCORPORATE THE, THE, UH, THE RUST RUSTIC 10 THERE, THE, THE MASONRY.
YOU KNOW, WE WANT TO INCORPORATE THIS IN OUR, OUR PARKS.
UH, AND AGAIN, WE'RE GONNA TALK ABOUT IN NEXT MONTH'S, UH, REPORT, I'M GONNA TALK ABOUT NEW PROJECTS THAT WE'RE GONNA BRING FORWARD AND SOME OTHER IDEAS THAT I WANT SOME INSIGHT ON IN REGARDS TO URBAN DESIGN ELEMENTS AROUND TOWN.
ANY OTHER QUESTIONS ABOUT INFRASTRUCTURE PROJECTS NEXT? AGAIN, WE, WE COMPLETED THE, UH, CITY PARK INSTALL AT, UH, CITY PARK.
WE ALSO DID AT NORTH ROAD PARK, BUT THERE'S OTHER ELEMENTS IN NORTHROP PARK AS WELL WE'RE LOOKING AT
[01:35:01]
NEXT.AGAIN, THESE ARE JUST ALREADY THE COMPLETED PROJECTS FOR THROUGHOUT THE YEAR.
NEXT ON THE DEVELOPMENT, UM, SIDE OF THINGS.
SO JUST THE ENGINEERING DESIGN MANUAL UPDATES.
WE'RE GONNA BE UPDATING THAT IN CONJUNCTION WITH THE UDC UPDATES.
YOU GOT A PRESENTATION FROM DIRECTOR CRANE ON THE UDC, BUT, UH, THERE'LL BE SOME SUBSEQUENT, UH, ENGINEERING MANUAL UPDATES AS WELL.
AND WE'LL HAVE DIRECTOR CAROL PRESENT TO YOU ABOUT THAT LATER IN THE YEAR ON THE DARK SKIES CERTIFICATION.
A LOT OF CONVERSATION ABOUT DARK SKIES.
WE, THIS IS SOMETHING WE'VE BEEN PURSUING FOR YEARS.
WE HAVE A LOT OF DARK SKY MEASURES IN OUR ORDINANCES ALREADY, BUT HERE'S WHERE WE'RE AT, UM, UH, WITH GETTING AN OFFICIAL CERTIFICATION, WHICH WE ARE PURSUING.
UM, AND WE'LL HAVE DIRECTOR CRANE OR RYAN BASKE VIEW AN UPDATE, UH, AT A FUTURE MEETING ON THAT.
THAT'S IMPORTANT BECAUSE I THINK A LOT OF PEOPLE IN THE COMMUNITY DON'T UNDERSTAND WHAT IT MEANS.
UM, THERE WAS A COMMENT EARLIER ABOUT I COULD SEE THE MILKY WAY WHEN I MOVED HERE.
WELL, I COULD SEE THE MILKY WAY WHEN I MOVED HERE 20 YEARS AGO.
I COULD SEE IT EVEN MORE WHEN I STARTED VISITING HERE 40 YEARS AGO.
BUT THAT'S NOT JUST BECAUSE OF BURNING.
I MEAN, THAT'S BECAUSE OF SAN ANTONIO AND FAIR OAKS.
AND SO, UM, I DON'T THINK PEOPLE UNDERSTAND WHAT IT MEANS.
AND I DON'T THINK THEY UNDERSTAND WHAT THE LIGHTING CODES ARE FOR DARK SKIES.
I KNOW WE'VE, WE'VE GONE OVER, BUT I DON'T THINK THE PUBLIC UNDERSTANDS IT.
YEAH, WE WILL HAVE A, WE CAN HAVE A PUBLIC CONVERSATION IN THE MEETING.
ALRIGHT, NEXT, AGAIN, WE ADOPTED THE BUDGET, THE LAST COUNCIL MEETING, SO APPRECIATE YOUR PARTICIPATION IN THAT.
NEXT, UH, WELL I THINK I GIVE YOU A, AN UPDATE.
WE HOPE TO HAVE THE GROUNDBREAKING ON THE FIRE STATION IN THE SPRING OF NEXT YEAR.
AND WE ARE WORKING ON THE POLICE STATION ANIMAL CARE FACILITY NEEDS AT THE MOMENT.
AND THAT'S CURRENTLY ON TARGET.
NEXT, WE COMPLETED ALL OF OUR ANNUAL TRAINING WITH OUR BOARDS AND COMMISSIONS.
AND, UH, THEN THESE ARE TWO OTHERS THAT ARE IN GREEN, ARE STILL ON TARGET FOR IT TO BE DONE BY THE END OF THIS YEAR, CALENDAR YEAR AND NEXT.
SO IT'S KIND OF FUN TO SEE IT AT THE END OF THE YEAR.
SEE ALL THE, A LOT OF THE PROJECTS, YOU KNOW, TURN TO BLUE AND, UM, WE'RE EXCITED THAT WE'VE, I'VE SEEN, I'VE HAD SOME INITIAL REVIEWS ALREADY OF DEPARTMENTAL WORK PLANS FOR NEXT YEAR.
THERE'S SOME EXCITING STUFF ON THE HORIZON AND I'LL SHARE THAT WITH YOU NEXT MONTH.
AND WITH THAT, COUNCILMAN MICKELSON, I HAVE A QUESTION.
UM, SO ANY OF THE PROJECTS THAT ARE EITHER PAUSED OR ON HOLD, UH, WILL THOSE UNSPENT OR THE MONEY THAT WAS ALLOCATED TO THOSE PROJECTS, DOES THAT ROLL INTO THAT SURPLUS THAT WAS DISCUSSED EARLIER? OR ARE THESE, UH, ARE THEY STILL EARMARKED FOR THE COMPLETION OF THAT PROJECT? UH, TYPICALLY A LOT OF THESE PROJECTS ARE IN THE OPERATIONAL SIDE OF OUR BUDGET.
AND SO IF THEY GET PUT ON PAUSE, THERE'S A VARIETY OF REASONS WE MAY DECIDE, HEY, WE DON'T WANNA DO THIS ANYMORE 'CAUSE SOMETHING ELSE HAPPENED OR, OR MAYBE IT'S NOT THE RIGHT TIMING.
THAT MONEY THEN GOES BACK TO THE GENERAL FUND, THE OPERATIONS TO BE REALLOCATED IN, IN THE PRE NEXT YEAR'S BUDGET.
SO WE WOULD HAVE TO ASK FOR THOSE FUNDS AGAIN.
THEY DON'T GET ROLLED OVER IF WE'RE GONNA CONTINUE IT, WE'LL HAVE TO ASK FOR THAT, FOR THAT PROJECT.
AND MOST OF THIS, SOME OF THIS STUFF, A LOT OF THE, WELL, I GUESS IT'S, I'LL SAY HALF OF THESE PROJECTS ARE CAPITAL RELATED.
A LOT OF 'EM ARE OPERATIONAL BASED AS WELL.
I'VE HAD A COUPLE PEOPLE ASK ME ABOUT THE DOWNTOWN PLAN, WHAT THAT MEANS.
AND SINCE IT'S MOVING TO DECEMBER OF 25, HAVE WE GONNA GET A PRELIMINARY LOOK AT THE DOWNTOWN? I DON'T BELIEVE DIRECTOR MONTA WAS HERE.
IF YOU CLICK ON THAT INITIALLY AT THE BEGINNING OF LAST YEAR, I, I THOUGHT IT'D BE NICE TO HAVE A MASTER PLAN FOR DOWNTOWN.
THEY, THEY'VE HAD, YOU KNOW, VERSIONS OF THAT IN THE LATE TWO THOUSANDS.
WE'VE, WE'VE ACCOMPLISHED A LOT OF THINGS.
WE'VE CHANGED IN CHARACTER IN CERTAIN WAYS.
AND SO I THOUGHT IT'D BE NICE TO BE ABLE TO DO THIS AGAIN.
GET THE, ALL THE COMMUNITY STAKEHOLDERS, THE COUNTY, THE CITY, THE PROPERTY OWNERS ON THE MILE, AND TO TALK ABOUT DIFFERENT THINGS TO, TO REVIEW OUR URBAN CORRIDOR PLANNED SO THAT THEY UNDERSTAND WHAT WE ARE DOING, UNDERSTAND VACANT PROPERTIES, WHAT ARE THEIR GOALS AND HOW THEY WANT TO DEVELOP, MAYBE HAVE SOME SYNERGY ALONG A SHARED VISION.
THEN THERE WAS A LOT OF CONVERSATIONS ABOUT, WELL, DO WE NEED TO LOOK AT SOME OTHER COMPREHENSIVE PLAN ELEMENTS FIRST? UH, AND WE WILL HAVE THOSE CONVERSATIONS IN OUR NEXT WINTER WORKSHOP.
I WANNA IDENTIFY SOME OF THAT.
SO WE WERE TRYING TO PURSUE A GRANT OPPORTUNITY TO PAY FOR THIS.
'CAUSE THAT'S PROBABLY ABOUT A HUNDRED THOUSAND DOLLARS, UM, EXPENSE.
SO THAT'S WHY THAT GOT PUT ON PAUSE.
MAYBE IT MIGHT NOT HAVE BEEN THE RIGHT TIMING THIS LAST FISCAL YEAR.
ALRIGHT, IF THERE'S NO OTHER QUESTIONS WITH THAT, I'LL JUST END BY WELCOMING COUNCIL MEMBER MICKELSON.
UH, LOOKING FORWARD TO, TO WORKING WITH YOU WITH THE REST OF YOUR FELLOW COUNCIL MEMBERS, JUDGE.
[9. COMMENTS FROM COUNCIL – No discussion or action may take place.]
ALL RIGHT.MOVING ON TO AGENDA ITEM NUMBER NINE, COMMENTS FROM COUNCIL? ANY COMMENTS FROM COUNCIL? EVENING, COUNCILMAN? WE'LL, WE'LL LISTEN, I'LL OUT HERE IN A SECOND.
UM, FIRST ONE, UM, THE TEXAS CRAFT BREWERS GUILD, UM, IS GONNA DO THEIR ROUNDUP MEETING NEXT YEAR AT THE BEVY.
UM, THEY DO TWO MEETINGS A YEAR.
[01:40:01]
ANNUAL CONFERENCE IS IN AUSTIN EVERY YEAR.AND THEN THEIR OTHER MEETINGS, THEY CALL IT THEIR ROUNDUP AND IT MOVES ALL OVER THE STATE, BUT IT'S GONNA BE THE BEVY.
UM, I'M SUPER EXCITED ABOUT IT.
UM, LARRY, I KNOW, I THINK YOU, YOUR TEAM DID THE, UM, THE TOURS FOR THEM.
I THINK FOR ME IT'S OBVIOUSLY IN THE BREWING INDUSTRY, SO HUGE FOR ME, BUT, UM, BE COOL TO HAVE BREWERS FROM ALL OVER THE STATE HERE.
I'M SURE THERE'LL BE A LOT OF BEER AROUND FOR THAT WEEKEND.
UM, AND THEN TOTALLY DIFFERENT SUBJECT, BUT UM, UM, SOMEONE ON BERNIE INFORMED CITIZEN POSTED ABOUT WATER UTILITY RATES.
I'M SURPRISED HE DIDN'T STAY TO LISTEN TO MORE THINGS.
BUT, UM, HE TENDS TO POST IN BIG BOLD LETTERS, WATER UTILITY RATES UP 45%.
AND IT, WHAT THE POINT I WANNA MAKE IS THAT, YOU KNOW, WE TALK ABOUT EVERY, EVERY SUBJECT IN DEPTH TOPICS.
OUR DIRECTORS STAFF DO SUCH A GOOD JOB OF PRESENTING WHAT, WHY WE'RE DOING WHAT WE'RE DOING.
IT'S NOT, EVERYONE'S RATE ISN'T GOING UP 45% BY THE WAY.
BUT THE POINT BEING THAT LIKE, LISTEN TO OUR COUNCIL DISCUSSION, LIKE WHAT WE'RE DOING, WHY WE'RE DOING WHAT WE'RE DOING, AND THAT'S WHY IT'S IMPORTANT.
SO MY POINT IS DON'T YOU KNOW, DON'T JUST SEE SOMETHING ON FACEBOOK AND ASSUME THAT'S THE TRUTH.
LISTEN TO THE COUNCIL MEETING AND LISTEN TO THE DISCUSSION THAT COUNCIL IS HAVING.
LISTEN TO WHAT STAFF IS TALKING ABOUT.
EVERYTHING WE'RE TRYING TO DO IS FOR THE EM EMBEDMENT OF OUR COMMUNITY AND THINKING ABOUT ALL OF OUR CONSTITUENTS AND THE FUTURE OF OUR COMMUNITY.
SO THAT'S THE POINT I WANTED TO MAKE.
AND, AND WHO WOULD BE IMPACTED BY THE 45% RATE? MOSTLY HIGH WATER USERS.
I DON'T KNOW WHO, LIKE SOMEBODY THAT WE'VE BEEN TALKING ABOUT.
I'M JUST SAYING THAT THAT WAS SUCH, THAT WAS SUCH AN INFLAMMATORY.
YEAH, I THINK THE AVERAGE HOMEOWNER'S RATE GOES UP 1% OR SOMETHING LIKE THAT.
YEAH, I MEAN IT'S VERY MINIMAL.
ALRIGHT, ANY QUESTIONS OR COMMENTS? NOPE.
[10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:]
ON TO AGENDA ITEM 10, EXECUTIVE SESSION 10 A 2025 DASH 4 92, SECTION 5 5 1 0.071 CONSULTATION WITH ATTORNEY ON A MATTER FOR WHICH IT IS THE DUTY OF THE CITY ATTORNEY UNDER THE TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT CONFLICT WITH THIS CHAPTER AND REQUIRES DISCUSSION ON THE ITEM ENCLOSED SESSION REGARDING COMPLIANCE WITH EXISTING ECONOMIC DEVELOPMENT AGREEMENTS.OFFICIALLY ADJOURNED TO EXECUTIVE SESSION AT 7:42 PM THANK YOU, EVERYONE READY? WE WILL OFFICIALLY
[11. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]
RECONVENE AN OPEN SESSION AT 8:43 PM WITH NO FURTHER ITEMS ON THE AGENDA.WE WILL OFFICIALLY ADJOURN OPEN SESSION FOR THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF RAIN, TEXAS AT 8:43 PM THANK YOU EVERYONE.