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WELCOME EVERYONE.[1. CALL TO ORDER – 6:00 PM]
MONDAY, OCTOBER 22ND TO THE REGULAR CITY COUNCIL MEETING THAT HAS BEEN MOVED TO TONIGHT BECAUSE MOST OF THE COUNCIL WILL BE TRAVELING TO DALLAS TOMORROW FOR THE TML CONFERENCE.ALSO, WANT TO GIVE A FRIENDLY REMINDER THAT NEXT MONTH'S MEETING WILL BE ON NOVEMBER 18TH INSTEAD OF THE 11TH, AND THERE'LL BE ONLY ONE MEETING NEXT MONTH BECAUSE OF VETERAN'S DAY.
SO NOVEMBER AND DECEMBER, WE WILL ONLY HAVE ONE CITY COUNCIL MEETING, AND IT'LL BE ON DIFFERENT DAYS THAN NORMAL JUST BECAUSE OF THE, THE HOLIDAY SEASON.
SO WITH THAT BEING SAID, UH, WELCOME EVERYONE, AND WOULD YOU JOIN ME IN A PRAYER? GLORIOUS AND GRACIOUS GOD, WE GIVE YOU THANKS FOR THE DAY WE GIVE YOU THANKS FOR THE OPPORTUNITY TO BE IN FELLOWSHIP WITH ONE ANOTHER.
WE GIVE YOU THANKS FOR THE OPPORTUNITY TO BE IN SERVICE TO OUR BROTHERS AND SISTERS IN CHRIST, BUT ALSO TO OUR COMMUNITY AND TO OUR CITIZENS AND, AND FRIENDS AND AND NEIGHBORS.
LORD, JUST OPEN UP OUR HEARTS AND MINDS AS WE HAVE DISCUSSIONS, UH, NOT FROM, NOT ONLY FROM OUR COMMUNITY, BUT FROM EVERYONE ON THE COUNCIL, UM, THAT YOU GOT OUR HEARTS, GOT OUR DECISION MAKING, UH, AND JUST BE WITH US AND BE WITH ALL OF THOSE.
THERE WAS AN ACCIDENT ON I 10, SO BE WITH ALL THOSE INVOLVED IN A HORRIFIC ACCIDENT, JUST A FEW MILES DOWN THE ROAD, UH, LORD, AND, AND BE WITH ALL THE FAMILIES THAT ARE AFFECTED IN YOUR PRECIOUSNESS NAME WE PRAY.
WOULD YOU JOIN ME IN THE PLEDGE OF ALLEGIANCE, THEN THE TEXAS FLAG, IP OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES AMERICA.
CONTINUE THE REPUBLIC FOR WHICH IT STANDS, ONE NATION AND UNDER BEHALF, INDIVISIBLE WITH LIBERTY.
I PLEDGE ALLEGIANCE TO BE TEXAS.
ONE STATE UNDER GOD, ONE AN INDIVISIBLE.
MOVING ON TO AGENDA ITEM NUMBER TWO, CONFLICTS OF INTEREST.
I'D LIKE TO MAKE A NOTE THAT CONSTABLE BATEMAN IS OUT TRAVELING ALREADY FOR BUSINESS, SO HE WILL NOT BE HERE THIS EVENING, ALONG WITH CITY MANAGER, UH, BEN THATCHER AND DANNY ZINC, YOU WERE, WERE ABSENT THIS EVENING ALSO FOR BUSINESS TRAVEL.
UM, ANY CONFLICTS OF INTEREST COUNCIL MEMBERS ON TONIGHT'S AGENDA? NO.
[3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue, in compliance with LGC Section 551.007. City Council may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169)]
ITEM NUMBER THREE, PUBLIC COMMENTS.YOU CAN COME FORWARD, STATE YOUR NAME AND ADDRESS AT THE PODIUM, AND ONCE YOU DO THAT, YOU WILL HAVE THREE MINUTES.
UM, OUR FIRST SPEAKER THIS EVENING IS DANA MATHIS.
SIR DANA MATHIS, 1 6 4 CREEK SPRINGS.
THANK YOU FOR THIS OPPORTUNITY TO ADDRESS THE COUNCIL, I WOULD BEGIN BY THANKING THE COUNCIL FOR LISTENING AND ENGAGING WITH BUCKYS TO RENEGOTIATE THE AGREEMENT IN RESPONSE TO COMMUNITY CONCERNS.
I APPRECIATE THIS ACTION VERY MUCH.
LAST WEEK, ALL OF YOU RECEIVED A LETTER FROM ME REGARDING TWO UNIFIED DEVELOPMENT CODE COMPLIANCE ISSUES IN THE BUCKY'S PROJECT.
BASED ON THE FACTS AND THE WORDING OF THE UDC, THE 75 FOOT SIGN PERMIT BUCKY'S WAS GIVEN IN 2018 HAS EXPIRED DUE TO DORMANCY.
THEREFORE, THEIR SIGN HEIGHT CAN BE NO MORE THAN 40 FEET.
AND BECAUSE THE PROJECT'S SCOPE HAS SIGNIFICANTLY CHANGED, WHICH YOU AND BUCKY'S HAVE CONFIRMED AS THE BASIS OF YOUR NEGOTIATIONS, THE 2019 VESTED RIGHTS ARE NO LONGER VALID, AND THE BUCKY'S PROJECT MUST COMPLY WITH THE CURRENT CITY STANDARDS.
THE UDC LANGUAGE IS CLAIM IS CLEAR AND PLAIN ON THESE POINTS.
IN MY EMAIL, I CALLED FOR YOU TO FULFILL YOUR LEGAL RESPONSIBILITIES AND ENFORCE THE CITY'S ORDINANCES.
WHILE THE MANY PARTS OF THE, WHILE MANY PARTS OF THE DEVELOPMENT AGREEMENT ARE NEGOTIABLE, UDC COMPLIANCE IS NOT NEGOTIABLE.
IN FAIRNESS TO BUCK BERNIE CITIZENS AND OTHER BUSINESSES, BUCKY'S MUST BE HELD TO THE SAME REQUIREMENTS THAT EVERYONE ELSE IS WITH NO SPECIAL PRIVILEGES GIVEN.
ON ANOTHER POINT, PLEASE INCLUDE A CAP ON THE NUMBER OF PUMPS IN YOUR NEGOTIATIONS.
THIS WOULD HELP TO PROTECT THE CITY'S INTEREST AND ABILITY TO MANAGE ITS SERVICES.
IF WE'RE GOING TO DO THE PROJECT, THEN LET'S DO IT RIGHT AND LET'S DO IT WELL.
SO PLEASE CONSIDER THESE POINTS ABOUT COMPLIANCE IN A CAPACITY CAP TONIGHT.
AS YOU DISCUSS THE PROPOSED AMENDMENT TO THE BUCKY'S AGREEMENT, IT IS INDEED NEVER TOO LATE TO DO THE RIGHT THING.
THANK YOU FOR TAKING ACTION TO RECTIFY THE BUCKYS PROJECT.
OUR NEXT SPEAKER, IF I'M READING THIS RIGHT, IS TANYA PATTON TECH CLOSE
SORRY, I'M USED TO GETTING IT RIGHT.
UM, THANK YOU ALL TODAY, BUT WHAT'S YOUR ADDRESS? WHERE YOU, WHERE YOU AT? I'M NOT GONNA DO AN ADDRESS, BUT MY NAME'S TANGY PATTON, BUT YOU NEED TO STATE YOUR NAME AND ADDRESS FOR YOU TO SPEAK.
OKAY? I'M APPROACH THE GUYS TO TALK TO YOU ABOUT THAT.
NO, YOU CAN SPEAK YOUR STATE, YOUR NAME AND ADDRESS BEFORE YOU SPEAK.
IT'S, IT'S PER, IT'S PRINTED ON THE TOP OF THE PAPERWORK OUT THERE, UNDER THE THING.
BUT IN PREVIOUS MEETINGS I'VE BEEN ALLOWED
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FOR, FOR PROFESS.AND I PROFESSIONAL, AND THAT WAS MY MISTAKE.
JUST STATE YOUR NAME AND ADDRESS AND YOU CAN BEGIN YOUR THREE MINUTES, SIR.
MY, I'M GONNA ASK YOU AGAIN, MAY I PLEASE APPROACH THE DAIS? NO.
I HAVE FILED PAPERWORK WITH THE KENDALL COUNTY.
THERE IS A REASON WHY I'M NOT STATING MY ADDRESS.
I CAN ASK YOU AGAIN TO APPROACH THE DAIS.
IF NOT, I, I'M NOT, THIS IS RIDICULOUS.
ALRIGHT,
WE TRULY BELIEVED THAT OPEN DIALOGUE WITH THE CITY, WITH YOU ALL ON THE COUNCIL COULD BRING SOME COMMON SENSE TO THIS PROJECT, MAYBE LOWER.
THE MASSIVE SIGN 75 FEET IS, IS ENORMOUS.
BUILD A PROTECTIVE WALL BETWEEN THE DEVELOPMENT AND THE NEIGHBORHOODS.
IT BACKS UP TO CONTROL THE NUMBER OF FUEL PUMPS BY BUCKY'S OWN NUMBERS.
IN RECENT PAPERWORK, 140 PUMPS IS WHAT'S LISTED.
THAT'S KIND OF OBSCENE FOR A SMALL TOWN.
ALSO, WE'VE REQUESTED YOU PRESERVE OUR DARK SKIES.
AFTER ALL, WE KNOW YOU GUYS SITTING HERE TODAY, YOU'RE NOT THE SAME COUNCIL THAT WAS HERE SOME 10 YEARS AGO THAT APPROVED THIS DEAL.
BUT IN ANY EVENT, WE WERE HOPING FOR PRODUCTIVE DISCUSSIONS, OPEN DISCUSSIONS WITH THE REST OF BERNIE AS WELL.
I DON'T LIKE SAYING THIS, BUT I THINK WE WERE WRONG.
INSTEAD, A SPECIAL MONDAY CITY COUNCIL MEETING WAS CALLED FOR TONIGHT.
INSTEAD OF THE USUAL TUESDAY, TRAVEL WAS STANDING, THERE WERE OTHER TUESDAYS IN THE MONTH.
MOST PEOPLE LOOK FOR THESE ON TUESDAY.
THIS WAS CALLED TO DISCUSS ONE OF THE MOST IMPACTFUL DEVELOPMENTS IN BERNIE'S HISTORY.
A 140 PUMP BUCKY'S FUELING CENTER IN RETAIL DESTINATION.
THIS PROJECT THREATENS TO BLOCK TRAFFIC INTO MAIN STREET, OVERWHELM NEARBY ROADS, HARM LOCAL BUSINESSES, AND DESTROY BERNIE'S DARK SKIES.
NOT TO MENTION BUCKY'S WILL LIKELY BE THE BIGGEST CONSUMER OF WATER IN THE CITY.
YOU KNOW, IT KIND OF FEELS LIKE GROUNDHOGS DAY 10 YEARS AGO WHEN THE CITY INKED THIS DEAL.
IT WAS A BIG SURPRISE TO BERNIE CITIZENS THEN TOO.
THERE APPARENTLY WERE NO OPPORTUNITIES FOR PUBLIC FORUM DISCUSSION.
ACCORDING TO TONIGHT'S AGENDA, BUCKYS WILL BE DISCUSSED IN A CLOSED EXECUTIVE SESSION.
AFTERWARD, A VOTE IS PLANNED TO GIVE THE CITY MANAGER AUTHORITY TO EXECUTE AND MANAGE WHATEVER CHANGES ARE DECIDED BEHIND CLOSED DOORS.
ONCE AGAIN, THE REST OF US, THE CITIZENS WHO LIVE HERE, ARE LEFT OUT OF THE PROCESS.
WHERE IS THE OPPORTUNITY FOR OPEN PUBLIC INPUT? WHERE'S THE TRANSPARENCY IN ALL THIS? A FEW MONTHS AGO, I WAS TOLD THAT SEVERAL OF YOU SITTING ON THE DAAS HERE TONIGHT TOLD A COUPLE OF OUR NEIGHBORS IN PERSON, YOU DIDN'T WANNA GET SUED BY BUCKY'S.
I HOPE THAT'S NOT WHAT THIS IS ABOUT.
I WOULD HOPE THAT WHAT'S BEST FOR BERNIE OUTWEIGHS ANY CRAZY FEARS YOU MIGHT HAVE.
FROM BUCKY'S, OUR LETTERS, OUR LETTERS TO CITY STAFF AND ELECTED OFFICIALS OVER THE PAST COUPLE OF MONTHS HAVE GONE UNANSWERED MOST, UH, MANY OF OUR OPEN RECORDS REQUEST AS WELL.
ONE COUNCIL MEMBER EVEN DISCUSSED, DISMISSED US AS EMOTIONAL AND UNINFORMED IN A COUNCIL MEETING.
THAT DOESN'T BUILD TRUST IN LEADERSHIP, IT ERODES IT.
OUR OWN RESEARCH SHOWS THAT BUCKY'S TRAFFIC PROJECTIONS ARE FAR TOO LOW.
BUCKY'S OWN ENGINEERS BY GIVING RATINGS IN A RECENT REPORT STATE THAT MANY OF THE ITEMS LISTED AND GRADED ARE BELOW BERNIE'S OWN STANDARDS.
IN OTHER CITIES, TRAFFIC AROUND BERNIE'S IS BACKED UP FROM AROUND BUCKY'S SYSTEM BACKED UP FROM MILES, CREATED HEADACHES FOR RESIDENTS AND LOCAL BUSINESSES.
I WONDER IF HOSPITALS WERE AFFECTED AS WELL.
WE'VE GOT A BAPTIST HOSPITAL SYSTEM MOVING IN JUST DOWN THE ROAD.
STRETCHING BERNIE'S RULES TO ACCOMMODATE BUCKY'S IS UNFAIR TO EVERY OTHER BUSINESS THAT HAS PLAYED BY THE RULES.
AS YOU RETURN FROM EXECUTIVE SESSION TONIGHT, INSTEAD OF AGREEING TO GIVE A GREEN LIGHT TO THE CITY MANAGER TO IMPLEMENT THE CHANGES YOU AGREED TO IN PRIVATE, WE HOPE TO HEAR THAT YOU'LL DO WHAT'S RIGHT, THAT YOU'LL OPEN THIS DISCUSSION PROCESS TO THE PEOPLE MOST AFFECTED BY ADORNING THE GATEWAY TO BERNIE WITH A BUCKY'S.
WE'RE ASKING FOR TRANSPARENCY AND HONESTY, REALISTIC TRAFFIC PLANNING, PROTECTION OF DARK SKIES, A WALL
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TO PROTECT NEARBY NEIGHBORHOODS, TO FOLLOW CITY ORDINANCES, A COMMITMENT TO FOLLOW CITY ORDINANCES WITHOUT SPECIAL TREATMENT OR BACKROOM DECISIONS FOR BUCKY'S.I APPRECIATE YOUR TIME, MAYOR.
I APPRECIATE YOUR WILLING TO ACCOMMODATE WHAT I NEEDED.
AND, UH, YES MA'AM, I HOPE YOU MAKE THE RIGHT DECISION.
OUR NEXT SPEAKER IS, UH, CHRISTY ACKERMAN.
MY NAME IS CHRISTY ACKERMAN AND I LIVE AT 6 23 MANGER SPRINGS.
FIRST, I WANNA SINCERELY THANK WHOEVER PREPARED THE CITY AGENDA DOCUMENTS THIS WEEK.
EACH WEEK MANY OF US IN THE COMMUNITY TRY TO UNDERSTAND WHAT'S ON THE ONLINE AGENDAS.
AND WHEN IT SAYS ECONOMIC DEVELOPMENT AGREEMENT, WE OFTEN WONDER IF IT'S ABOUT BUCKY'S OR ANOTHER PROJECT.
THIS WEEK, FOR THE FIRST TIME, IT WAS CLEARLY LABELED IN PARENTHESES, AND THAT TRANSPARENCY HELPS TREMENDOUSLY.
I ALSO WANNA THANK YOU FOR WORKING ON BEHALF OF THE, THE PEOPLE OF YOUR CITY.
I'VE HEARD THAT YOU, MAYOR RICHIE, ALONG WITH CHAIRMAN MACALUSO AND OTHERS HAVE REACHED OUT TO BUCKY'S ON OUR BEHALF, AND THAT YOU ANTICIPATE SOME POSITIVE RESULTS, AND WE DO TRULY APPRECIATE THAT.
SO WHY AM I HERE AGAIN, AS MY FATHER-IN-LAW USED TO SAY, I KNOW WHAT I'M SAYING, BUT I DON'T KNOW WHAT YOU'RE HEARING.
SO HE, I'M HERE TO KEEP CLARIFYING WHAT'S IMPORTANT, NOT JUST TO ME, BUT TO MANY OTHERS WHO HAVE REACHED OUT PRIVATELY.
PEOPLE MESSAGE ME OR STOP ME AT CHURCH OR IN A RESTAURANT TO EXPRESS SUPPORT FOR WHAT'S BEING DISCUSSED TONIGHT.
AND MANY OF THEM THAT ARE TOO INTIMIDATED TO SPEAK PUBLICLY WANT THEIR VOICES TO BE REPRESENTED.
OUR HOPE AND TRUST IS THAT YOU AND CITY STAFF ARE PLANNING FOR WORST CASE SCENARIOS BECAUSE THEY DO HAPPEN.
A FRIEND OF MINE, ALLISON, WORKS AT A HOSPITAL IN KERRVILLE, AND I ASKED HER HOW THINGS WENT DURING THE FLOODING THIS SUMMER.
SHE TOLD ME THAT THEIR HOSPITAL HAD PRACTICED WORST CASE SCENARIOS FOR YEARS, AND BECAUSE OF THAT PREPARATION, THEY HANDLED THE CRISIS INCREDIBLY WELL.
IN CONTRAST, SOME LOCAL AGENCIES WERE BLAMED FOR BEING UNPREPARED, BUT THAT THAT HOSPITAL WASN'T BECAUSE THEY PLANNED AHEAD.
DURING MY TIME LIVING HERE, I'VE PERSONALLY EXPERIENCED TWO 100 YEAR FLOODS AND ONE 500 YEAR FLOOD.
AND THOSE EVENTS REMIND US THAT MAJOR DISASTERS CAN AND DO HAPPEN MORE OFTEN THAN WE EXPECT.
BEING PROGRAM ISN'T ALARMIST, IT'S RESPONSIBLE, AND IT'S HOW WE PROTECT OUR LIVES.
ONE WORST CASE SCENARIO WE MIGHT ANTICIPATE IS INVOLVES UNSAVORY INDIVIDUALS, PEDOPHILES, TRANSIENT, OR VAGRANTS, WHO WILL INEVITABLY BE DRAWN INTO A LARGE COMMERCIAL SITE LIKE BUCKY'S.
THEY WILL EXIT THROUGH REGENT PARK DIRECTLY ADJOINING MANGER SPRINGS.
AND THAT IS WHY, UH, I'M ADAMANT ABOUT THE NEED FOR AN EIGHT FOOT 10 INCH CONCRETE WALL, SIMILAR TO THE ONE SEPARATING HEB FROM ITS NEIGHBORHOOD SUBDIVISION NEARBY.
I ALSO ASK THAT THE CITY DECLINE, THE GREEN BELT BEING OFFERED TO BUCKY'S SO THAT BUCKY'S REMAINS RESPONSIBLE FOR MAINTAINING, SECURING, AND KEEPING UP THE PROPERTY BEHIND THEIR STORE.
PLEASE KEEP IN MIND, THIS AREA IS ALSO WITHIN A SHORT DISTANCE OF KENDALL ELEMENTARY, BERNIE MIDDLE SCHOOL, SOUTH ROBERT ELEMENTARY AND BERNIE MIDDLE SCHOOL.
NORTH TRAFFIC IS ANOTHER SERIOUS CONCERN.
BEYOND FRUSTRATION, THE GRIDLOCK WILL BLOCK ACCESS TO BERNIE METHODIST, ER.
MY OWN MOTHER-IN-LAW SUFFERED A STROKE AT A RESTAURANT HERE IN TOWN, AND SHE WAS RUSHED TO THAT ER AND RECEIVED LIFESAVING MEDICATION WITHIN THE ONE HOUR WINDOW THAT WAS NEEDED.
IF BUCKY'S TRAFFIC BLOCKED ONLY THE THE ONLY ENTRANCE SHE WOULDN'T HAVE MADE IT, OTHER FAMILIES MAY NOT BE SO FORTUNATE.
THE MORNINGSIDE SENIOR LIVING COMMUNITY IS ALSO EXPANDING HEAVY TRAFFIC.
COULD MAKE IT DANGEROUS FOR SENIORS EVEN TO EXIT THEIR DRIVEWAY, LET AND POTENTIALLY BE LIFE THREATENING IN AN EMERGENCY.
AT THE VERY LEAST, LEAST WE NEED EMERGENCY OR TURN AN EMERGENCY OR TURN LANE FROM WEST BANDERA ROAD ALL THE WAY UP THROUGH MANGER SPRINGS, PROVIDING CLEAR ACCESS FOR FIRST RESPONDERS AND THE PUBLIC TO REACH THE ER.
UM, I'M GONNA CUT IT SHORT BECAUSE I HEAR, HEARD THE BELL, BUT, UM, WE NEED MORE FIRST RESPONDERS.
UH, I KNOW YOU KNOW THAT, BUT FOR WORST CASE SCENARIOS AND ALSO JUST CONSIDERING, UM, THE FUMES.
THE OTHER DAY I WENT TO A GAS STATION, I MEAN, TO A, A RESTAURANT, THOUGHT MY CAR WAS THE ONE THAT WAS LEAKING GAS.
COME TO FIND OUT IT WAS THE VALERO IN THE DISTANCE.
YOU GUYS WERE GOING TO HAVE THE FUMES.
YOU, YOU MAY NOT, BUT WE WILL.
SO I ASK THAT YOU GUYS TAKE, UM, CONSIDERATION FOR EACH OF THESE THINGS.
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OUR FINAL SPEAKERS, UH, SIGN UP THIS EVENING.YES, ALEX RIDE, KENDALL COUNTY LA CONONE DRIVE.
THE WORD I HAVE FOR TONIGHT, AND AGAIN, I APPRECIATE YOUR TIME AND YOUR EFFORTS.
I KNOW THIS ISN'T YOUR PROJECT.
10 YEARS DOWN THE ROAD, WE STILL HAVE AN UGLY SITUATION.
I KNOW THAT MY PRIOR MENTIONING OF ENVIRONMENTAL ISSUES, WATER, AIR, QUALITY, IT'S REALLY A MOOT POINT.
TEXAS DOES NOT PRIORITIZE OUR HEALTH.
AND I KNOW THAT THE ONLY REASON WAS TO UPDATE YOU, TO GIVE YOU THE OPPORTUNITY TO KNOW THAT IF BUCKY'S WERE TO DECIDE THEY'RE FED UP AND THEY WANNA MOVE ON, THERE'S NO REASON TO MAKE THEM STAY.
YOU HAVE ONE OR TWO ITEMS LEFT FOR LEVERAGE.
THEY'RE GONNA GET WHAT THEY WANT.
THEY'RE WELL KNOWN FOR THIS ACROSS THE COUNTRY.
ONE OF THE PRIMARY LEVERAGE ITEMS YOU HAVE IS TRAFFIC STUDIES.
I UNDERSTAND THE TRAFFIC IMPACT ASSESSMENT HAS BEEN PASSED BACK AND FORTH SEVERAL TIMES.
I LOOKED AT THE MOST RECENT, I LOOKED IT OVER RATHER QUICKLY, BUT WHAT I SAW WAS ALARMING.
IT HAS A LOT OF PROBLEMS IN MY OPINION.
IT'S GROSSLY UNDERESTIMATING THE TRAFFIC VOLUMES.
IT'S SUMMARIZING LIMITED DATA FROM BAYTOWN.
IT DOES NOT MATCH SAN ANTONIO.
SAN ANTONIO IS A TOURIST DESTINATION.
BERNIE IS THE GATEWAY TO THE HILL COUNTRY.
WE HAVE A LOT MORE PEOPLE WHO ARE COMING HERE FOR TOURISM.
EVEN THEN, WE'RE LOOKING AT AN UNDERESTIMATED GROWTH PROJECTION.
OUR CENSUS DATA SHOWS WELL OVER 8% LIKELY TO GO HIGHER.
WE HAVE THOUSANDS OF HOUSES THAT ARE STILL PENDING.
GEORGE'S RANCH, ESPERANZA, WE HAVE, UH, MARISOL SPRINGS, WE HAVE MANGER SPRINGS.
UM, THERE ARE PROJECTS EVERYWHERE THAT ARE STILL GROWING.
WE'RE LOOKING AT A LOT OF TRAFFIC COMING IN.
AND WHAT I SEE IS WHY, WHY WOULD YOU EVER SIGN OFF ON THIS STUDY? IT'S GONE BACK AND FORTH.
DO YOU HAVE A MANDATE TO SIGN OFF ON THIS? IF NOT, I WOULD SAY DON'T.
BECAUSE WHAT I HAVE SEEN REPEATEDLY, REPEATEDLY THROUGHOUT THIS REPORT IS CONTRADICTING STATEMENTS.
ON ONE REMARK THEY SAID, WE SEE NO PROBLEM.
REPEATEDLY THOUGH, THEY MENTIONED THAT INTERSECTIONS IN FRONTAGE HAS A FUNCTION RATING OF E TO F AND POSSIBLE MITIGATION COULD BE DONE.
SO WHY WOULD ANYONE SIGN OFF ON THIS STUDY AT ALL? IT DOESN'T WARRANT THE SAFETY, THE OBLIGATION TO THE SAFETY OF THE PEOPLE.
THAT'S YOUR FIRST OBLIGATION, NOT BUCKY'S.
NUMBER TWO, THIS STUDY DOES NOT INCLUDE SIGNIFICANT GROWTH WITH BAPTIST HOSPITAL.
IT'S GONNA HAVE OVER A HUNDRED BEDS.
YOU HAVE MORE BEDS GOING TO THE SENIOR FACILITY.
YOU HAVE MORE GROWTH IN NEARBY AREAS.
THESE ESTIMATES OF TRAFFIC ARE TOTALLY UNDERRATED.
THIS STUDY, IN MY OPINION, IS UNACCEPTABLE.
IT IS ONE OF THE LAST ITEMS YOU HAVE LEFT FOR LEVERAGE TO PROTECT THE SAFETY OF OUR RESIDENTS.
THE LAST THING WE NEED IS TRAFFIC BACKED UP ON THE FRONTAGE AND IH 10.
AND I URGE YOU TO NOT SIGN UP ON THIS STUDY, MAKE BUCKY'S COME TO THE TABLE AND FIX IT.
IF THEY WON'T, I WOULD SAY USE THAT TO SAY, WE'LL MOVE ON.
OUR SAFETY IS MORE IMPORTANT THAN YOUR PROFITS.
ALL RIGHT, THANK YOU EVERYONE.
WE'LL MOVE ON TO AGENDA ITEM NUMBER
[4. CONSENT AGENDA: All items listed below within the Consent Agenda are considered to be routine by the City Council and may be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item may be moved to the general order of business and considered in its normal sequence.]
FOUR, CONSENT AGENDA.COUNCIL MEMBERS, DO WE HAVE ANY QUESTIONS OR CONCERNS OR CONSENT AGENDA? I'M SORRY, I DIDN'T KNOW I WAS GONNA SPEAK.
COULD I JUMP IN? DID YOU, YOU DIDN'T SIGN UP, KYLE? NO, SIR.
BUT WE HAVE A SIGNUP SHEET FOR, FOR THE REASON.
MY ADDRESS IS 2 2 6 CASCADE CAVERNS ROAD.
UM, I'M SPEAKING TONIGHT ON BEHALF OF JIM REER, WHO LIVES AT 1 0 1 CREEK SPRINGS IN BERNIE.
UH, HE'S IN HOUSTON FOR MEDICAL APPOINTMENTS.
JIM AND OTHERS HAVE REVIEWED THE TRAFFIC IMPACT ANALYSIS RELATED TO THE AREA ALONG IH 10, WHERE BUCKY'S HAS PROPOSED.
OTHERS HAVE SPOKEN PREVIOUSLY ABOUT THE SHORTFALLS AND PITFALLS OF THE CURRENT TRAFFIC STUDIES TONIGHT.
AND, AND PREVIOUSLY PRIOR TO APPROVING CONSTRUCTION OF THIS GARGANTUAN TRAVEL CENTER, IT IS STRONGLY RECOMMENDED THAT THE CITY OF BURN RETHINK ITS APPROACH TO THE TIA PERTAINING TO BUCKY'S
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TR UH, TRAFFIC IMPACT.IMPACT ANALYSES EXCHANGE BETWEEN BUCKY'S AND BERNIE ARE KIND OF LIKE A GAME OF PICKLEBALL THAT LASTS FOR YEARS, BACK AND FORTH, BACK AND FORTH.
THE CITIZENS OF BERNIE DESERVE TO USE THE USE OF 2025 TECHNOLOGY IN THIS VERY IMPORTANT TRAFFIC ANALYSIS AND RELATED DECISIONS.
THE CITY OF BERNIE SHOULD AUTHORIZE A SOPHISTICATED TRAFFIC SOFTWARE APPLICATION IF THEY DON'T ALREADY.
THAT CAN CAN, THAT CAN PERFORM NOT ONLY A MODEL, BUT COMPLEX SITUATIONS OF ACTUAL PRESENT BASE AND FUTURE TRAFFIC FLOWS.
THE MODEL CAN THEN BE UPDATED AS THE INEVITABLE GROWTH OF THIS AREA CONTINUES.
PARAPHRASING, MR. NATHAN CRANE, DIRECTOR OF PLANNING FOR THE CITY FROM AN INFORMAL DISCUSSION FOLLOWING A JULY CITY MEETING.
ESTIMATES OF BERNIE'S GROWTH HAVE ALWAYS BEEN EASILY EXCEEDED BY ACTUALS.
THE CITY SHOULD CONSIDER CONTRACTING WITH DKS ASSOCIATES, A NATIONAL FIRM WITH AN OFFICE IN AUSTIN.
THEY RECOMMEND A SOFTWARE CALLED PTVM THAT INCORPORATES THE TRAFFIC IMPACTS OF ALL FACILITIES, INCLUDING ON FREEWAY RAMPS, FRONTAGE, ROADS, INTERSECTIONS, AND U-TURNS.
THE MODEL WILL INCLUDE TRAFFIC FROM ALL PLANNED DEVELOPMENTS IN THE AREA SUCH AS THE NEW BAPTIST HOSPITAL AND OTHER KNOWN BUSINESSES AND SUBDIVISIONS.
VIDEO SIMULATIONS FOR THE VISTA MODEL CLEARLY ILLUSTRATE TRAFFIC IMPACTS.
PLEASE CONTACT MR. BEN WALLOCK AT DKS 9 0 3 2 1 16 7 7 2 3 5 TO REQUEST A FORMAL PROPOSAL.
THE VALUE OF THIS TOOL NOW AND IN THE FUTURE WILL BE WELL WORTH THE COST.
ONE FI FINAL COMMENT OR OBSERVATION TO ADD TO MR. RIEKERS, UM, UH, WORDS HERE.
I WAS DRIVING AROUND THE BUCKY SITE TODAY, AND THE EXIT THAT'S MOST CLOSELY ALIGNED WITH BUCKY'S, UH, AFTER THE REALIGNMENT THAT TOOK HOWEVER MANY YEARS BY TXDOT.
I GUESS THE ONE THAT ALIGNS MOST CLOSELY WITH BUCKY'S IS EXIT 5 42, WHICH I GUESS SOME PEOPLE ALTERNATIVELY REFER TO AS THE US 87, UM, EXIT.
SO YOU'LL NOTICE IF YOU DRIVE AROUND THE SITE THAT, UH, WESTBOUND, YOU, YOU HAVE, UH, ACCESS TO THAT 5 42 AREA.
UH, AFTER YOU GO OVER THE BRIDGE AND THEN DRIVE, UH, YOU, YOU WOULD DRIVE INTO AN APRON, INTO BUCKY'S, PRESUMABLY.
BUT ON THE, UH, EASTBOUND SIDE, THERE'S NO CORRESPONDING 5 4 2.
SO THE PRI THE PREVIOUS EXIT BEFORE THAT IS FIVE 40.
WHAT SCARES ME IS HOW MUCH TRAFFIC IS GONNA BE CHANNELED INTO FIVE 40, WHICH IS BANDERA ROAD.
AND WE ALREADY, WE ALREADY KNOW HOW BAD THAT BANDERA ROAD BRIDGE, UH, SLASH UH, UH, STATE HIGHWAY 46 WEST IS.
A LB WHAT WAS THAT PHONE NUMBER AGAIN FOR BEN? WHAT? YOU GAVE A PHONE NUMBER? OH, I GAVE A PHONE NUMBER ON HERE.
WHAT WAS THAT NUMBER? I'M GONNA GIVE THIS TO YOU.
NOW I BELIEVE WE'RE READY TO MOVE ON TO AGENDA ITEM NUMBER FOUR, CONSENT AGENDA.
COUNCIL MEMBERS, DO WE HAVE ANY PROBLEMS OR CONCERNS WITH ANYTHING ON THE CONSENT AGENDA? CAN I GET A MOTION FROM COUNCILMAN WILSON? MAYOR, I MOVE THAT WE, UM, ACCEPT THE CONSENT AGENDA AS PRESENTED.
SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
[A. RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-19; AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BOERNE UNIFIED DEVELOPMENT CODE, BY AMENDING CHAPTER 3. ZONING, SECTION 3.2, ZONING MAP, GRANTING A SPECIAL USE PERMIT (SUP) TO ALLOW A DRIVE-THRU IN THE C3 REGIONAL COMMERCIAL DISTRICT WITHIN THE SCENIC INTERSTATE OVERLAY DISTRICT AT 31500 INTERSTATE 10 (KAD# 309883).; REPEALING ALL ORDINANCES IN CONFLICT; CONTAINING A SEVERANCE CLAUSE; AND DECLARING AN EFFECTIVE DATE. (Scooter’s Coffee)]
ITEM FIVE, A PRESENTATION OF PUBLIC HEARINGS AND ORDINANCES.RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION.
CONSIDER THE FIRST READ IN ORDINANCE NUMBER 2025 DASH 19.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BURNING UNIFIED DEVELOPMENT CODE BY AMENDING CHAPTER THREE ZONING.
SECTION THREE TWO ZONING MAP GRANTING A SPECIAL USE PERMIT TO ALLOW A DRIVE THROUGH IN THE C3 REGIONAL COMMERCIAL DISTRICT WITHIN SCENIC INTERSTATE OVERLAY DISTRICT AT 3 1 500 INTERSTATE 10 REPEALING ALL ORDINANCES ON CONFLICT WITH CONTAINING SEVERANCE CLAUSE AND DECLARING AN EFFECTIVE DATE, NATHAN.
AND THAT'S NOT NATHAN FRANKIE LINDER.
UH, I'M SUBBING IN FOR NATHAN THIS EVENING.
UH, AS I SAID, MY NAME IS FRANKIE LINDER.
I'M THE ASSISTANT PLANNING DIRECTOR HERE WITH THE CITY.
UH, AND I'M GONNA BE PRESENTING THIS FOR NATHAN, WHO'S HAVING SOME MOBILITY ISSUES THIS EVENING.
SO THIS IS HOW WE BELIEVE THIS PRESENTATION ALIGNS WITH OUR STRATEGY MAP.
AND AS YOU SAID, THIS IS FOR A SPECIAL USE PERMIT FOR A DRIVE THROUGH FOR A SCOOTER'S COFFEE SHOP.
THIS IS THE AREA IT'S LOCATED.
IT'S ALONG I 10 ALONG A SCENIC LOOP AND CASCADE CAVERNS.
UH, SPECIFICALLY IT IS THIS AREA HERE OUTLINED IN GREEN WITH THIS PIN IN IT.
IT IS CURRENTLY VACANT, ALTHOUGH IT IS PREVIOUSLY GRADED PAD.
[00:25:01]
IT IS A SEMI IMPROVED SURFACE.SO THIS IS WITHIN THE AUTO ORIENTED COMMERCIAL DISTRICT IN OUR FUTURE LAND USE MAP.
UM, THIS IS INTENDED FOR HIGH TRAFFIC CORRIDORS, UM, SUCH AS INTERSTATE 10.
AND IT IS APPROPRIATE FOR DIFFERENT USES SUCH AS RESTAURANTS.
THIS PROPERTY IS ALSO WITHIN THE SCENIC INTERSTATE CORRIDOR, OVERLY DISTRICT, UM, THAT IS THIS PURPLE HERE ON THE RIGHT, AS WELL AS WITHIN THE C3 COMMUNITY COMMERCIAL DISTRICT.
THE ENTIRE BLOCK, EXCEPT FOR THE CORNER IS C3.
UM, IT IS WORTH NOTING AS WELL THAT HERE IS THE VALERO GAS STATION AND ON THIS SIDE IT IS THE BILL MILLER BARBECUE RESTAURANT, AND WHICH ALSO HAS A DRIVE-THROUGH ALREADY.
HERE IS OUR ENVIRONMENTAL CONSTRAINTS MAP.
THIS PROPERTY IS LOCATED WITHIN THE LOWER GLENROSE BUFFER AREA, AND IT DOES CLIP THE DPZ DRAINAGE WAVE PROTECTION ZONE HERE ON THE CORNER.
UM, HERE IS A LITTLE CLOSER IMAGE, UH, AERIAL IMAGE OF THE SITE.
AGAIN, IT IS ALREADY GRADED AND SEMI IMPROVED SURFACE.
HOWEVER, UH, AS YOU'LL SEE IN THIS PROPOSAL TONIGHT, THERE IS SOME MITIGATION MEASURES THAT INCLUDE BIO RETENTION AND LID FEATURES, UM, AS WELL AS ZERO SCAPING LANDSCAPING AND THE BUFFER REQUIREMENT ALONG THE OVERLAY DISTRICT.
ALL RIGHT, SO HERE IS OUR PROPOSED RENDERING.
UH, IT IS WORTH NOTING THAT THIS IS JUST A PRELIMINARY RENDERING.
YOU CAN SEE THAT THE SITE, UH, ISN'T QUITE GOING TO MATCH THE SITE PLAN THAT I'LL SHOW YOU HERE IN A SECOND.
BUT IT IS, UH, INTENDED TO GIVE YOU AN IDEA OF WHAT THIS WILL LOOK LIKE.
IT IS FOR THE DRIVE-THROUGH OF THE COFFEE SHOP.
THEY'RE PROPOSING NO INDOOR SEATING.
UM, HOWEVER, THEY WILL HAVE A WALK-UP WINDOW.
THE HOURS OF OPERATION WOULD BE BETWEEN 5:30 AM AND 8:00 PM SEVEN DAYS A WEEK.
UH, THE SITE PLAN INCLUDES A FOUR CAR DRIVE-THROUGH QUEUE WITH AN ESCAPE LANE, THE WALK-UP WINDOW, SEVEN PARKING STALLS INCLUDING 180 A, A BIKE RACK, A DUMPSTER ENCLOSURE, AND LANDSCAPING PER THE OVERLAY STANDARDS.
HERE IS THE SITE PLAN TO GO AHEAD AND GIVE YOU SOME REFERENCE.
HERE IS THE A 10 AND DOWN HERE AT PLAN SOUTH, THAT IS THE BILL MILLER RESTAURANT.
SO THIS SITE WILL BE ACCESSED THROUGH THE EXISTING, UM, CURB CUT ON I 10 THROUGH THE FEEDER ROAD, AND THEN THE CROSS ACCESS EASEMENT.
IT WILL BE THE ONLY ENTRANCE INTO THE SITE.
AND THEN THERE WILL BE TWO EXITS, ONE FROM THE DRIVEWAY BACK THE SAME WAY, AND ONE OVER HERE THROUGH AN ALSO EXISTING EASEMENT THROUGH BILL MILLER.
UM, THERE IS NO NEW CURB CUTS PROPOSED WITH THIS SITE PLAN.
THEY ARE INCLUDING SEVERAL, UH, PARKING SPOTS.
THERE ARE SEVEN THAT ARE REQUIRED.
THERE'S FIVE HERE, INCLUDING 180 A AND SAFE PEDESTRIAN PASSAGE, AS WELL AS THESE HERE THAT WILL BE SHARED WITH BILL MILLERS THROUGH A PARKING AGREEMENT.
HERE IS THE ENVIRONMENTAL AND UTILITIES VIEW.
YOU CAN SEE THE LANDSCAPING PROPOSED ON SITE.
HERE WE HAVE I 10 AND HERE IS BILL MILLER.
SO AGAIN, THIS DOES CLIP THE DPZ, UH, AND IT IS WITHIN THE GLEN ROSE, UH, BUFFER AREA.
HOWEVER, THEY ARE PROPOSING LID BIO RETENTION AND A LANDSCAPING BUFFER FROM INTERSTATE 10.
AND IT WILL BE DARK SKY COMPLIANT.
THE EXISTING UTILITIES ARE ADEQUATE TO SERVE THE SITE AS WELL.
THERE WAS A BERNIE NEIGHBORHOOD DISCUSSION MEETING THAT WAS HELD BACK IN AUGUST AND NOBODY ATTENDED THE MEETING.
UM, THERE WERE NOTICES THAT WERE SENT, UH, 15 NOTICES WERE SENT TO ADJACENT PROPERTY OWNERS WITHIN 500 FEET OF THE SITE.
IT WAS NOTICED IN THE BURNING STAR AND A SIGN WAS POSTED ON SITE, UH, AT THE DATES LISTED HERE.
WE DID RECEIVE ONE LETTER IN OPPOSITION PRIOR TO THE PLANNING AND ZONING COMMISSION REVIEW.
UH, AND IT WAS IN RELATION TO, UM, TRAFFIC IN THE AREA.
THE PLANNING AND ZONING COMMISSION CONSIDERED THE REQUEST ON OCTOBER 6TH AND VOTED SIX OH TO RECOMMEND APPROVAL.
UM, UH, SUBJECT TO THE FOLLOWING STIPULATIONS, I'LL GO AHEAD AND GO THROUGH THOSE FOR YOU.
NUMBER ONE IS THAT THE PROPOSED USE SHALL CONFORM TO THE NARRATIVE AND SITE PLAN, UH, DATE STAMP SEPTEMBER 24TH, 2025, THAT THE FINAL DESIGN AND INSTALLATION OF THE PROPOSED BIO RETENTION SLASH L LID FEATURE SHALL
[00:30:01]
BE SUBJECT TO STAFF APPROVAL TO ENSURE COMPLIANCE WITH UDC CHAPTER EIGHT ENVIRONMENTAL DESIGN REQUIREMENTS.THREE, THAT THE FINAL DESIGN AND INSTALLATION OF THE ESCAPE LANE SHALL BE SUBJECT TO STAFF APPROVAL TO ENSURE COMPLIANCE WITH UDC ACCESS AND CIRCULATION STANDARDS.
AND FOUR, THAT IN ACCORDANCE WITH THE UDC SECTION TWO DASH FIVE D EIGHT A I I I THE SPECIAL USE PERMIT SHALL EXPIRE WITHIN TWO YEARS FROM THE DATE OF APPROVAL.
IF NO PHYSICAL IMPROVEMENTS ARE MADE AND A CERTIFICATE OF OCCUPANCY IS NOT ISSUED, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.
ANY QUESTIONS FOR COUNCIL MEMBERS? ANY COMMENTS? SEVERAL.
UM, YOU SAID THAT DARK SKY IS COMPLIANT, CORRECT? DARK SKY IS COMPLIANT IN TERMS OF FIXTURES, IN TERMS OF ALL THE RULES WITHIN THE UDC IN TERMS OF THE LIGHTING FIXTURES, 3000 KELVIN LIMITATION, ET CETERA, THEY'VE COMMITTED TO BEING DARK SKY, UH, COMPLIANT.
UM, UH, DID THEY MEET THE PERVIOUS COVER REQUIREMENTS AND IMPERVIOUS COVER REQUIREMENTS IN TERMS OF THEY'RE WITHIN THE RULES, THERE'S NO EXEMPTION THERE? CORRECT.
UH, DID THEY NEED TO DO A TIA FOR ANY REASON ON THIS PROJECT? UH, NO.
THEY DID PROVIDE PEAK HOUR, UH, TRIP WORKSHEET AND IT DID COME IN AT UNDER 100.
AND WE'RE CONFIDENT THAT A 14 Q IS SUFFICIENT NOT TO BACK UP ONTO THE SERVICE ROAD.
UH, I'M SURE THE, THE APPLICANT WOULD, UH, BE HAPPY TO TALK WITH YOU ABOUT THEIR BUSINESS PLAN.
THEY WERE VERY PROUD OF THEIR TWO MINUTE TURNOVER FOR THEIR DRIVE THROUGH.
HAVE THEY EVER HAD A QUEUE LONGER THAN 14 ANYWHERE? UH, NOT THAT I'M AWARE OF.
MOST IMPORTANT, UH, LANDSCAPING.
HOW DO THEY PLAN TO MAINTAIN IT? 'CAUSE IT'S REALLY IMPORTANT.
A LOT OF PLACES PUT IN LANDSCAPING AND WE'VE SEEN THIS BEFORE AND I REALIZE WE LIVE IN A CERTAIN AREA THAT'S OFTEN DIFFICULT, EVEN WITH LOW MAINTENANCE, UH, LANDSCAPING AND DROUGHT TOLERANT LANDSCAPING.
HOW DO THEY PLAN TO MAINTAIN IT? WHAT'S THEIR WATER PLAN? UH, I'M NOT SURE THE DETAILS OF THEIR DAY-TO-DAY MAINTENANCE.
HOW THEY HAVE A, THEY HAVE A 600 AND HOW BIG 68 SQUARE FOOT BUILDING WITH A FLAT ROOF.
THEY COULD AT LEAST DO RAINWATER CAPTURE THAT WOULD IMPROVE IT.
THEY COULD ALSO DO HVAC CAPTURE.
'CAUSE THEY'RE GONNA HAVE TO AIR CONDITION THAT SPACE.
HVAC CAPTURE, AND THIS IS SOMETHING I KEEP BRINGING UP OVER AND OVER IN THE DEVELOPMENT.
WE CAN'T REQUIRE THIS UNDER STATE LAW, BUT I KEEP PUSHING FOR IT BECAUSE IF THEY BUILD IT NOW, IF THEY INCLUDE THAT NOW IN THEIR PLAN AND THEY INCLUDE IT IN THEIR IRRIGATION PLAN, IT CAN ALL BE DONE PRIOR TO THE SITE BEING BUILT AND THEY WILL BE ABLE TO MAINTAIN THAT, THAT LANDSCAPING PROPERLY.
NOT JUST LOOK NICE THE FIRST WEEK OR TWO THAT IS PLANTED.
AND THEN IT SORT OF, SO I WOULD ADD A THIRD CAVEAT IS THAT I NEED TO SEE, UH, SOME TYPE OF WATERING PLAN BEFORE I WOULD BE WILLING TO GIVE A-A-A-S-V-P FOR A DRIVE THROUGH FRANKIE HERE, YOU KNOW, HOW THEY'RE GONNA MAINTAIN THAT EVENING.
THE APPLICANT IS HERE IF THEY WOULD LIKE TO, I WOULD NEED, I NEED TO KNOW HOW THEY PLAN TO DO THAT AND WHAT, WHAT THEY PLAN TO DO TO TO, TO ACCOMMODATE THAT.
AND, AND THE REASON I SAY THAT IS, IF YOU WILL RECALL A WHILE BACK, WE WENT THROUGH THIS WITH STARBUCKS AND UH, THAT'S ANOTHER ISSUE I RAISED AND STARBUCKS AGREED TO DO BOTH RAINWATER CAPTURE AND HVAC RECAPTURE.
I UNDERSTAND IT'S A DIFFERENT, UH, SCALE OF BUILDING, BUT IT'S STILL AN ISSUE.
SO, UM, ANDREW DAVIS, ONE 13 WILD ROSE HILL, AND I'M SHAUGHNESSY DAVIS.
UM, THOSE ARE ALL BIG CONCERNS FROM US TOO.
WE CAME FROM A DESERT CLIMATE AS WELL, SO THE ZERO ESCAPING WAS SUPER IMPORTANT.
UM, THE LANDSCAPE ARCHITECT HAS SPEC, SPECIFICALLY SELECTED NATIVE DROUGHT RESISTANT PLANTS, SO WE DON'T HAVE TO RUN THE WATER A LOT.
UM, WE OWN THE CURVILLE LOCATION, UM, FOR THIS FRANCHISE AS WELL.
WE PUT A LOT OF GRASS IN AND SO WE DID NOT WANNA DO THAT AGAIN THIS TIME.
SO, UM, THE LANDSCAPE ARCHITECT, I BELIEVE ALSO DID THE BILL MILLER.
AND SO TRYING TO, IT'LL BE DRIP IRRIGATION THAT REQUIRES A MINIMAL RUNNING.
UM, WE HAVE TALKED ALREADY WITH OUR LANDSCAPE ENGINEER AND OUR ENGINEER ABOUT, YOU KNOW, CAN WE DO SOME RAINWATER RECAPTURE STUFF AS WELL? IT'S NOT OFFICIALLY ON THE PLAN.
UM, BUT WE DO WANT TO FIGURE OUT HOW TO DO THAT JUST SO WE DON'T HAVE TO RUN THE SPRINKLERS.
WELL THE THING IS, THE THING IS THAT RAINWATER RECAPTURE IS EXCELLENT, BUT IT HAS TO RAIN.
THE THING WITH, THE THING THAT I THINK PEOPLE BEGINNING TO REALIZE IS THAT HVAC RECAPTURE, BECAUSE WE RUN HVAC UNITS ALL THE TIME, THE CONDENSATE VOLUME IS QUITE SIGNIFICANT, EVEN FOR A SMALL SQUARE FOOTAGE BUILDING.
IF IT'S, ESPECIALLY WHEN IT'S A COMMERCIAL USE, IT'S USING EQUIPMENT THAT PRODUCES STONE COFFEE SHOPS.
SO IT KIND OF KNOW HOW IT WORKS.
UH, SO YOU CAN PRODUCE HEAT AND UH, IT CAN BE SIGNIFICANT.
UH, SO I WOULD VERY MUCH WANT TO SEE THAT BECAUSE EVEN IF YOU'RE DOING DROUGHT RESISTANT PLANNING, WHICH I APPLAUD YOU FOR, IT STILL HAS TO GET WATERED.
[00:35:01]
IT'S DROUGHT RESISTANT.AND SO IT, WITHOUT WATER, IT WILL NOT LOOK VERY GOOD FOR VERY LONG IN THIS CLIMATE.
AND WE ARE DEFINITELY IN A DRIER, WE ARE MOVING TOWARD THE DRY SIDE OF THE DRY LINE, SO THERE'S GONNA BE LESS RAIN, EVEN THOUGH IT SEEMS LIKE THERE'S GONNA BE BIGGER RAIN EVENTS, THERE'S GONNA BE LESS RAIN OVERALL.
SO I, I NEED TO KNOW THAT YOU'RE COMMITTED TO THAT.
AGAIN, WE CAME FROM AN A, YOU KNOW, WE CAME FROM UTAH VERY SHORT ON WATER, UM, FOUR OR FIVE YEARS AGO.
AND SO I WAS A LITTLE DISAPPOINTED WHEN WE HAD TO PUT GRASS IN OUR FRONT YARD INSTEAD OF ZEROSCAPE IT.
SO WITH THAT CAVEAT, UM, I WOULD BE WILLING TO APPROVE IT, BUT IT HAS TO BE IN THERE WITH ALL THESE OTHER THINGS THAT WERE LISTED THAT THEY WILL DO ONE OR BOTH OF THOSE THINGS.
PREFERABLY BOTH, BUT ONE, AT LEAST ONE OF THOSE THINGS.
WELL, SINCE YOU, THE APPLICANT'S HERE, ARE YOU OKAY WITH HVAC RECAPTURE OR WOULD YOU PREFER RAINWATER? I MEAN, I MEAN, JOE IS RIGHT.
HVAC SOUNDS SCARY, BUT I THINK IF YOU LOOKED INTO IT, IT'S NOT THAT SCARY AND HE IS RIGHT THAT IT'S A CONSTANT SOURCE.
UM, BUT IF, IF THERE'S ONE OR THE OTHER, IS THAT SOMETHING WE COULD ADD TO THE SUP AND YOU'D BE COMFORTABLE WITH US DOING THAT? ABSOLUTELY.
I'D WANNA CHECK WITH OUR ENGINEERS.
IT'S ON COST AND MAKE SURE IT'S NOT GONNA BE A SIX FIGURE RECAPTURE EVENT.
UM, SO COULD WE SAY IN THE SEP ONE OR THE OTHER, SO THAT WAY YOU HAD TO DO NO, WE'D LIKE TO DO BOTH.
UM, AND SO, YOU KNOW, IF WE CAN GO AND EXPLORE THAT, UM, AND MAKE THOSE, YOU KNOW, COMMITMENTS OR THE CHANGES THIS WEEK.
AND THE, THE BEAUTY OF IT IS IF YOU DO IT UP FRONT, THEY CAN ENGINEER IT INTO THE IRRIGATION SYSTEM.
EVEN IF IT'S A DRIP IRRIGATION SYSTEM, IF YOU, WHEN YOU RETROFIT, IT'S A LITTLE HARDER, ESPECIALLY IN A SITE LIKE YOURS, WHICH IS COMMERCIAL, WHERE YOU'RE GONNA HAVE CONCRETE DRIVEWAYS, ET CETERA.
SO IF YOU DO IT ON THE FRONT END, IT MAKES IT MUCH EASIER AND MUCH MORE COST EFFECTIVE AND YOU WILL SAVE MONEY IN THE LONG RUN.
'CAUSE YOU WON'T BE USING PORTABLE WATER TO IRRIGATE.
WELL, JOE, WHY DON'T WE ADD SOMETHING THAT THEY'LL DO ONE OR THE OTHER WITH THE HOPE OF DOING BOTH, SOMETHING ALONG THOSE LINES.
DOES THAT WORK FOR YOU? THAT'S FINE.
ANY OTHER QUESTIONS FROM COUNSEL? NO.
I HAVE A QUESTION REGARDING THE TRAFFIC FLOW.
UM, SO THE ENTRANCE TO THIS, FRANKIE, YOU MIGHT BE THE BEST PERSON TO ANSWER THIS.
I KNOW YOU SAID A TIA WAS NOT REQUIRED, BUT I'M JUST CURIOUS ABOUT THE, UH, THE TRAFFIC FLOW IN IS ALSO WHERE, YOU KNOW, BILL MILLER'S EXITS, UM, AND IF YOU'VE BEEN AROUND BILL MILLER'S AROUND LUNCHTIME, YOU KNOW HOW BUSY THEY GET, UH, THROUGH THAT DRIVE THROUGH.
SO ARE ANY RIGHT OF WAY ADJUSTMENTS ANTICIPATED OR IS IT JUST GONNA BE UM, UH, JUST LET THE TRAFFIC FLOW? I GUESS?
IT'S NOT WHERE THE ENTRANCE IS FOR.
BUT PEOPLE EXITING WILL BE COMING OUT OF THAT SAME ENTRANCE COMING INTO THERE.
UH, SO NO RIGHT OF WAY ADJUSTMENTS WOULD BE REQUIRED FOR THIS SITE.
UH, IT WAS A POINT MADE AT THE PLANNING AND ZONING COMMISSION THAT THE PEAK TIME BETWEEN BILL MILLER AND THE SCOOTER'S COFFEE WOULD BE DIFFERENT.
DIFFERENT THE COFFEE SHOP WOULD BE IN THE MORNING.
AND BILL MILLER'S MORE AT LUNCH.
YEAH, I SAY THAT'S A GOOD POINT.
I KIND ATTEST THAT SIX TO NINE AND THREE TO FIVE ARE THE COFFEE HOURS.
I WAS GONNA SAY THAT BILL MILLER'S, AS YOU POINTED OUT, LUNCH AND DINNER.
I THINK IT'S A GREAT UTILIZATION OF A UNUSED SPACE, REALLY SMALL FOOTPRINT AS FAR AS THE BUILDING GOES.
UM, THEY'RE GONNA FILL IT WITH SOME NICE LANDSCAPING, SOME SALES TAX REVENUE FOR THE CITY.
UM, SEEMS LIKE A NICE COUPLE THAT'S TRYING TO START ANOTHER BUSINESS.
SO I THINK IT CHECKS A LOT OF GOOD BOXES.
ALRIGHT, IF THERE'S NO OTHER COMMENTS FROM COUNSEL, WE WILL EXIT OUR GENERAL SESSION AND GO INTO A PUBLIC HEARING AT 6:38 PM ANYONE WOULD LIKE TO COME FORWARD TO SPEAK IN FAVOR OR AGAINST THIS, UH, SCOOTER'S PROPOSAL? PLEASE COME FORWARD TO STATE YOUR STATEMENT, ADDRESS AND YOU HAVE THREE MINUTES TO SPEAK YOUR MIND.
NO, NO, NO ONE'S COMING FORWARD.
WELL,
UM, WE'RE SUPER EXCITED TO, TO BRING THIS, UM, TO BERNIE.
WE HAVE STUDENTS, OUR, OUR CHILDREN IN THE, THE SCHOOL SYSTEM.
UM, AND WE LIVE RIGHT ACROSS THE INTERSTATE.
SO WE TRAVEL THIS SPOT FIVE TIMES A DAY.
UM, UNFORTUNATELY KERRVILLE NOT UNFORTUNATELY, BUT KERRVILLE ENDED UP BEING OUR FIRST LOCATION.
UM, PLEASED REPORT, YOU KNOW, WE'VE CONSISTENTLY BEEN THE NUMBER ONE STORE IN ALL OF TEXAS OUT OF ABOUT 90 LOCATIONS FOR SCOOTERS.
UM, FRANKIE HAD MENTIONED OUR SPEED.
SO WE AVERAGE FROM THE TIME YOU HIT OUR SPEAKER BOX TO THE TIME YOU LEAVE, ABOUT TWO MINUTES AND THREE SECONDS IS HOW FAST WE GO.
AND SO WE DO NOT RUN A SKELETON STAFF.
WE MAKE SURE WE'RE FULLY STAFFED SO WE CAN GET PEOPLE IN AND OUT AND ON THEIR WAY.
UM, AND WE PLAN TO DO THE SAME HERE.
SO WE, YOU KNOW, IF YOU COME AT FIVE IN THE MORNING, WE MIGHT HAVE TWO PEOPLE WORKING, BUT IF YOU COME AT THE RUSH THAT YOU'RE FAMILIAR WITH,
[00:40:01]
WE'LL PROBABLY HAVE FIVE, SIX PEOPLE, UM, DOING THAT.WE'LL BE IN THE LINE TAKING THE ORDERS TO KEEP THE QUEUE MOVING FASTER, NOT WAITING FOR THEM TO GET THE SPEAKER BOX.
WHEN WE DO THOSE TYPES OF DAYS, WE TYPICALLY RUN ABOUT A MINUTE 40.
SO, UM, I KNOW THERE'S BEEN SOME CHALLENGES WITH SOME DRIVE-THROUGHS BACKING UP.
UM, IT MAKES US VERY UNCOMFORTABLE AND THAT HAPPENS.
SO IT, YOU KNOW, WE HAVE A LOT OF PLANS IN PLACE TO MAKE SURE IT, IT DOESN'T HAPPEN, OR IF IT DOES, WE QUICKLY ALLEVIATE THE PROBLEM.
UM, THE OTHER THING I WOULD ADD IS WE DO A LOT FOR THE COMMUNITY IN KERRVILLE AND WE'RE VERY EXCITED TO BRING IT HERE TO BERNIE AS WELL.
UM, WE'VE DONE A TON WITH THE SCHOOLS, WITH THE YMCA, A LOT OF LOCAL ORGANIZATIONS, UM, LAST YEAR WHERE WE RECOGNIZED FOR BEING THE KERRVILLE INDEPENDENT SCHOOL DISTRICT COMMUNITY PARTNER OF THE YEAR.
SO WE'RE VERY EXCITED TO, TO START GIVING BACK TO, TO THE SCHOOLS AND THE CITY OF BERNIE.
NO OTHER SPEAKERS WOULD LIKE TO COME FORWARD.
IF WE GO OFFICIALLY CLOSE THE PUBLIC HEARING AT 6:41 PM GO BACK INTO GENERAL SESSION, UH, COUNCIL MEMBERS.
CAN I GET A MOTION? WHAT? YOU WANNA DO IT? YOU GO AHEAD.
UM, MAYOR, I'D LIKE TO RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION AND APPROVE ON FIRST READING ORDINANCE NUMBER 2025 DASH 19.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BURN UNIFIED DEVELOPMENT CODE BY AMENDING CHAPTER THREE ZONING SECTION 3.2 ZONING MAP GRANTING A SPECIAL USE PERMIT TO ALLOW A DRIVE-THROUGH IN THE C3 REGIONAL COMMERCIAL DISTRICT WITHIN THE SCENIC INTERSTATE OVERLAY DISTRICT AT 3 1 5 0 0 INTERSTATE 10 CAD NUMBER 3 0 9 8 8 3.
CAN YOU GO BACK ONE? OH, NO WORRIES.
REPEALING ALL ORDINANCES AND CONFLICT CONTAINING A SEVERANCE CLAUSE AND DECLARING EFFECTIVE DATE SUBJECT TO THE FOUR STIPULATIONS RECOMMENDED BY THE PLANNING AND ZONING COMMISSION, PLUS AN ADDITIONAL SPECULATION THAT THEY WILL ADD EITHER A RAINWATER HARVESTING SYSTEM OR HVAC SYSTEM AND EXPLORE BOTH IF POSSIBLE.
UH, SECOND FROM COUNCILMAN MACALUSO, PLEASE VOTE.
[A. CONSIDER RESOLUTION NO. 2025-R80; A RESOLUTION APPROVING THE FINANCING BY THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION ON BEHALF OF MORNINGSIDE MINISTRIES FOR A HEALTH FACILITY LOCATED WITHIN THE CITY OF BOERNE, TEXAS.]
ON TO AGENDA ITEM SIX A, RESOLUTIONS SIX A 2025 DASH 5 49.CONSIDER RESOLUTION NUMBER 2025 DASH R 80 AND RESOLUTION APPROVING THE FINANCING BY THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION ON BEHALF OF MORNINGSIDE MINISTRIES FOR HEALTH FACILITY LOCATED WITHIN THE CITY OF BERNIE, TEXAS, PRESENTING CHRISTIE? YES, UH, GOOD EVENING, MA.
GOOD EVENING, MAYOR AND COUNCIL.
UM, IF YOU'LL SEE, THIS IS THE, UH, THE WAY THAT OUR STRATEGY MAP SUPPORTS THIS ITEM.
UM, WE HAD RECEIVED, IF Y'ALL REMEMBER, WE DID A, UH, A PUBLIC HEARING, I BELIEVE AT OUR LAST MEETING.
UM, WE HAD RECEIVED AN APPLICATION, A FORMAL REQUEST FROM MORNINGSIDE MINISTRIES, UM, WITH THE DEVELOPMENT TEAM BEING THROUGH NEW HOPE CORPORATION.
AND THEY HAD REACHED OUT TO US WANTING COUNSEL TO SUPPORT A RESOLUTION, UH, FOR THE, THEIR APPLICATION FOR TAX EXEMPT BOND FINANCING.
AND THIS WOULD FUND THE PHASE FIVE EXPANSION, UH, OF THE MORNINGSIDE MINISTRIES PROJECT.
UH, THIS WOULD ALLOW THEM TO HAVE LARGER FLOOR PLANS, UH, COVERED PARKING FOR THE RESIDENTS.
UPON COMPLETION, THE CAMPUS WOULD HAVE 326, UH, LIVING UNITS, AND 51 OF THOSE ARE NEW.
THEY HAVE 90 ASSISTED LIVING UNITS, AND THEN 40 SKILLED NURSING UNITS.
UH, THE REHAB COST FOR THIS PROJECT IS $48 MILLION.
IT'S ABOUT, UH, 900 AND AND 41, UH, I THINK DOLLARS PER UNIT OR A THOUSAND PER UNIT, UM, PER AREA OF THE BUILDING.
UH, THE ANTICIPATED COMPLETION IS FALL OF 2027.
UH, ONE THING TO NOTE IS THAT THIS IS THE CITY JUST SUPPORTING THEIR APPLICATION FOR THE TAX EXEMPT FINANCING.
UH, WE HAVE DONE THIS, UM, IN 20 19, 20 22 AND 2023 FOR OTHER PHASES OF THIS PROJECT.
AND THAT THIS DOES NOT CREATE ANY FINANCIAL OBLIGATION, DEBT, OR LIABILITY FOR THE CITY.
THIS IS JUST JUST US PROVIDING OTHER NEEDED SUPPORT FOR THEIR APPLICATION.
AND THAT COMPLETES MY, UH, PRESENTATION.
ANY QUESTIONS FROM COUNCIL? NO.
CAN I GET A MOTION? MOTION COUNCIL MACALUSO, JUST WANNA SAY, AND THIS IS MY DISTRICT.
I MEAN, I'M VERY FAMILIAR WITH MORNINGSIDE.
[00:45:01]
THEY, THEY PROVIDE A FIRST CLASS SERVICE FOR OUR COMMUNITY, UH, SENIOR, SENIOR LIVING THERE IN TERMS OF INDEPENDENT ASSISTED LIVING, MEMORY CARE, UM, LONG TERM AND SHORT TERM REHAB, AS WELL AS NURSING HOME CARE.AND IT'S A NEEDED, A NEEDED THING IN OUR COMMUNITY WHERE WE HAVE A VERY LARGE ELDERLY POPULATION.
AND, UM, THEY, THEY'VE DONE A VERY FIRST CLASS JOB OVER THERE.
SO I, OVERALL, I'M VERY PLEASED WITH THEM.
AND AGAIN, THERE'S NO OBLIGATION ON THE CITY'S PART.
WE'RE BEING ASKED SIMPLY TO SUPPORT THEIR, THEIR APPLICATION FOR THIS FUNDING.
MAYOR, I MOVE THAT WE APPROVE RESOLUTION NUMBER 2025 R DASH 80 A RESOLUTION APPROVING THE FINANCING BY THE NEW HOPE CULTURAL EDUCATION FACILITIES FINANCE CORPORATION ON BEHALF OF MORNINGSIDE MINISTRIES FOR A HEALTH FACILITY LOCATED WITHIN THE CITY OF BURNING TEXAS.
A SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
[B. RECEIVE BIDS AND CONSIDER RESOLUTION NO. 2025-R81; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, AWARDING THE CONTRACT FOR 2025 HIGH DENSITY MINERAL BOND PROJECT TO _______ FOR AN AMOUNT NOT TO EXCEED $________; AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT.]
ON TO AGENDA ITEM SIX B 2025 DASH 5 35.SEE BID TO CONSIDER RESOLUTION NUMBER 2025 DASH R ONE OR EIGHT ONE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BERNIE, TEXAS.
AWARDING THE CONTRACT FOR 2025 HIGH DENSITY MINERAL BOND PROJECT FOR AN AMOUNT NOT TO EXCEED AND AUTHORIZE THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT.
PRESENTING JEFF CARROLL, JEFF EVENING MAR AND COUNCIL.
UH, SO HERE TO TALK ABOUT RECEIVING A BID FOR HIGH DENSITY MINERAL BOND.
UH, THIS TIES BACK TO OUR STRATEGY MAP SEVERAL WAYS.
IT'S INVESTING IN HIGH QUALITY INFRASTRUCTURE SYSTEMS AND PUBLIC ASSETS, UTILIZING DATA TO DRIVE SMART DECISION MAKING AND PROVIDING STREAMLINED AND EFFICIENT PROCESSES.
UM, JUST SOME QUICK BACKGROUND FOR SOME OF OUR NEW COUNCIL PEOPLE.
UM, THE CITY CREATED A FORMAL 10 YEAR STREET MAINTENANCE PROGRAM BACK IN 21.
UM, WHAT WE DID IS WE KIND OF A FANCY TRUCK LIKE THIS IN THE PICTURE.
WE WENT AND DROVE, HAD A CONSULTANT COME AND DRIVE EVERY STREET IN TOWN AND PROVIDED US A PAVEMENT CONDITION INDEX, OR WE'LL SAY PCI.
SO BASICALLY GRADED EVERY STREET IN TOWN FROM ZERO TO 100, JUST LIKE SCHOOL.
UM, CURRENTLY ALL OUR, WITH THE WORK WE'VE DONE THE LAST COUPLE YEARS, OUR CURRENT GRADE IS 84.6 FOR ALL OF OUR STREETS IN TOWN.
UM, USING THAT 10 YEAR PLAN, UM, I'M SORRY, JUMPING AHEAD.
SO AGAIN, WE HAVE MAPS OF EVERY, EVERY STREET IN TOWN, AND TODAY WE KIND OF HAVE, THIS IS THE BREAKDOWN OF ALL OF OUR STREETS.
SO IF YOU LOOK AT THE SATISFACTORY AND GOOD, THOSE ARE KIND OF YOUR A AND B STREETS.
UM, SO WE HAVE 80 SOMETHING PERCENT IS IN OUR A OR B, BUT WE STILL HAVE THREE STREET, THREE CATEGORIES THAT ARE KIND OF IN OUR POOR, VERY POOR AND FAIR.
AND SO THAT'S WHERE WHAT WE DO IN OUR PAVEMENT MAINTENANCE PLAN IS THOSE POOR, VERY POOR AND FAIR IS WHERE WE LOOK AT RECONSTRUCTION AND PATCHING AND FIXING THE PROBLEMS. BUT IN THE SATISFACTORY AND GOOD CATEGORIES, WHAT WE'RE LOOKING AT IS THE PRESERVATION METHODS AND HOW TO TAKE THE STREETS THAT ARE IN GOOD CONDITION AND HOW TO KEEP THEM IN A GOOD CONDITION A LOT LONGER.
SO HERE TODAY, HIGH DENSITY MINERAL BOND IS ONE OF THOSE PRODUCTS FOR PRESERVATION.
SO THIS IS SOMETHING THAT WE WOULD DO ON THE GOOD OR SATISFACTORY STREETS.
AND REALLY JUST LIKE HOUSES AND CARS AND ANYTHING ELSE, ANYTIME YOU CAN DO, UH, PREVENTATIVE MAINTENANCE, IT'S GONNA KEEP YOUR LIFE OF YOUR PAVEMENT A WHOLE LOT LONGER.
UH, IN GENERAL, PEOPLE DESIGN STREETS FOR A 20 YEAR PAVEMENT LIFE.
UM, WE CAN GET STREETS TO GO 50, 60 YEARS IF WE MAINTAIN 'EM PROPERLY.
UM, AND THEN REALLY STREETS ARE DESIGNED BASED ON TRAFFIC VOLUME.
SO OBVIOUSLY NOT EVERY STREET'S DESIGNED THE SAME.
UM, SO NOT EVERY PRESERVATION METHOD IS KIND OF THE SAME.
SO WE HAVE MANY DIFFERENT KIND OF TOOLBOX OF THINGS THAT WE DO.
WE HAVE CRACK SEAL, CHIP SEAL, SLURRY SEAL, AND THIS PRODUCT, THE HIGH DENSITY MINERAL BOND.
UM, AND AS I MENTIONED, THE RECONSTRUCTION, THAT'S WHERE WE'RE DOING OUR MILLS AND OVERLAYS AND FULL DEPTH STREET RED CONSTRUCTION.
IF YOU REMEMBER, THAT'S SOME OF THE WORK WE DID IN OUR BOND PROJECT WHERE WE, WE FIXED ALL OF OUR WORST STREETS IN TOWN.
SO THAT'S HOW WE DON'T HAVE ANY IN THAT LOWER CATEGORY ANYMORE.
UM, THE HIGH DENSITY MINERAL BOND IS A FANCY ASPHALTIC MULIAN PRODUCT.
UM, WE USED THIS SEVERAL YEARS AGO IN THE BACK OF THE BENTWOOD NEIGHBORHOOD.
IT REALLY EXTENDS THE LIFE OF NEW PAVEMENT.
IT REALLY HELPS WITH THE OXIDATION.
UH, IT MAKES IT A NICE SHINY BLACK STREET.
UM, THIS PRODUCT HAS LIMITED STRUCTURAL BENEFITS.
SO AGAIN, THIS IS SOMETHING THAT WE'RE PUTTING ON GOOD STREETS TO HELP MAINTAIN THEM LONGER.
IT'S NOT NECESSARILY A REPAIR FOR BAD STREETS.
UM, BUT AGAIN, THIS IS ONE OF THE PRODUCTS IN OUR TOOLBOX OF MANY DIFFERENT THINGS THAT WE USE ON THE DIFFERENT STREETS.
SO AGAIN, THIS IS SOMETHING WE'D USE ON THIS STREET, BUT SOMETHING ELSE, ANOTHER STREET, AND WE MIGHT USE A DIFFERENT PRODUCT.
UM, THIS BID, WE PUT IT OUT IN OUR NORMAL, IT'S GREATER THAN A HUNDRED THOUSAND, SO WE PUT IT OUT FOR PUBLIC BIDS.
SO WE ADVERTISE IN THE BERNIE STAR ON OCTOBER 1ST AND EIGHT.
WE PUT IT ON THE CITY WEBSITE.
AND THERE'S ANOTHER INTERNET PORTAL THAT A LOT OF STREET AND MAINTENANCE PROJECTS GET POSTED ON CIV CAST.
UM, IT WAS A STRUCTURED BID BASED ON THE SIZE OF WORK.
OBVIOUSLY AS WE DO MORE AND MORE STREET WORK, WE CAN GET BETTER AND BETTER PRICES.
AND THAT'S ONE OF THE BIG THINGS WE'RE TRYING TO WORK WITH ON THIS PROJECT, IS POTENTIALLY TRYING TO GET EVEN NEIGHBORING CITIES TO KIND OF PIGGYBACK TOGETHER AND DO ONE LARGER PROJECT THAT WE CAN DO TOGETHER.
UM, SO THEY GAVE US, THE BID WAS STRUCTURED.
[00:50:01]
RECEIVED ONE BID FROM HOLBROOK ASPHALT, AND THAT ACTUALLY WAS EXPECTED.UM, THIS PRODUCT IS A VERY SPECIALIZED PRODUCT.
THERE'S REALLY ONE OR TWO VENDORS IN THE STATE THAT PROVIDE THIS PRODUCT.
AND EVEN THEN THERE'S ONLY ONE OR TWO CONTRACTORS THAT USE THIS PRODUCT.
UM, SO WE WERE EXPECTING A LOW BID.
THIS IS NO DIFFERENT THAN SLURRY SEAL.
UM, THERE'S ONLY A COUPLE PEOPLE IN THE STATE THAT DO THAT AS WELL.
UM, AND OUR CONTRACT VALUE IN THIS BID WAS BASED ON THE LARGE 200,000 SQUARE FOOT, SORRY, SQUARE YARD AREA OF THE PROJECT.
SO WE GOT, WE RECEIVED THREE BIDS, UM, SMALL, MEDIUM, LARGE FROM THE ONE BIDDER.
SO WE'RE ASKING YOU TONIGHT IS TO APPROVE THIS RESOLUTION.
AND ONE OF THE THINGS THAT STAFF IS ASKING IS TO GO AHEAD, THAT WE KNOW WE DON'T HAVE A PRODUCT, WE DON'T HAVE AN EXACT LOCATION PICKED RIGHT NOW FOR THIS PRODUCT.
UM, SO WHAT WE'D LIKE TO DO IS IF YOU WANT TO ADD ONE MORE, UH, COMMENT THERE THAT WE CAN, WHEN WE DO HAVE AN IDEA THAT THIS IS THE STREET WE WANT TO USE THIS PRODUCT ON, WE'LL BE HAPPY TO COME BACK AND PRESENT, UH, FOR THAT EXACT STREET PRODUCT AT A LATER DATE.
NO QUESTIONS OR CONCERNS FROM CO COUNCIL.
HOW MANY, SO I MEAN, IN TERMS OF STREET, HOW MANY LANES, LANE MILES OR WHATEVER YOU WANNA CALL IT, BEYOND SQUARE FEET, CAN YOU DO WITH THIS? WHAT ARE WE, WHAT ARE WE GETTING? WHAT IS OUR OPPORTUNITY IN TERMS OF LANE MILES? TRYING TO DO THE MATH IN MY HEAD.
UM, SO THIS PRODUCT, IF WE WERE TO DO THE 200,000 SQUARE YARDS, IT WOULD BE ABOUT THREE TIMES BIGGER THAN WHAT WE DID THAT BACK OF BENTWOOD PROJECT.
UM, SO THIS KIND OF LI UH, TIES BACK INTO SOME OF THE BIGGER PROJECTS THAT WE COULD POTENTIALLY DO.
UM, AGAIN, WE SET IT UP WITH DIFFERENT PRICING.
SO IF WE DID HAVE A SMALLER PROJECT, UM, WE COULD COME BACK AND DO ONE OF THE SMALLERS, BUT WE WERE COMING FORWARD WITH A COST NOT TO EXCEED AND WE PICKED THE LARGE PROJECT.
SO IS THIS DESIGNED, I KNOW I HEARD YOU SAY FOR BETTER ROADS, FOR EXAMPLE, A SLURRY SEAL ROAD, WHICH IS A PRETTY GOOD ROAD MM-HMM
IS IT DESIGNED TO GO OVER THAT? IT CAN.
IT CAN, IT CAN GET, IT CAN GO OVER OUR HOT MIX STREETS OR OUR CHIP OR OUR, OUR SLURRY.
AND WHEN WE USED THE PRODUCT BEFORE, WE PURPOSELY PUT IT ON TOP OF A CHIP SEAL STREET.
AND THAT'S ONE OF THE THINGS WE'VE BEEN WATCHING TO SEE HOW IT HOLDS UP OVER TIME, OVER THE CHIPS.
CAN WE, UH, MOTION, MOTION COUNCIL MACALUSO, UM, THERE'S THE NUMBER, MAYOR I MOVE THAT WE APPROVE RESOLUTION 2025 DASH R 81 RESOLUTION.
THE CITY COUNCIL, THE CITY OF BERNIE, TEXAS, AWARDING THE CONTRACT FOR 2025.
HIGH DENSITY MINERAL BOND PROJECT WITH THE ENTERPRISE IS ESTABLISHED FOR SMALL, MEDIUM, AND LARGE QUANTITIES OF WORK TO HOLBROOK ASPHALT ASPHALT FOR AN AMOUNT NOT TO EXCEED $870,000, 800 AND $870,870 AND NO CENTS.
AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT.
SECOND, FROM COUNCIL, THERE IS A SUGGESTED ADDITION.
WHAT IS THIS? UH, AS, AS I MENTIONED, IF YOU'D LIKE, COME SINCE WE DON'T HAVE AN EXACT STREET TODAY, WE'RE THROWING YES.
WELL, AND UPON DETERMINATION, I WOULD REQUEST THAT SPECIFIC LOCATIONS OF EACH PROJECT TO BE PERFORMED UNDER CONTRACT SEPARATELY APPROVED BY THE COUNCIL.
UH, AND REVIEW FOR THE TASK ORDER SECOND FROM COUNCILMAN WILLISON, PLEASE VOTE.
[C. RECEIVE PROPOSALS AND CONSIDER RESOLUTION NO. 2025-R82; A RESOLUTION AWARDING THE CITY’S DEPOSITORY BANKING SERVICES TO ___________, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND MANAGE THE RELATED AGREEMENT.]
ON TO AGENDA ITEM SIX C 2025 DASH 5 38.RECEIVE PROPOSALS TO CONSIDER RESOLUTION NUMBER 2025 DASH R 82 RESOLUTION AWARD, THE CITY'S DEPOSITORY BANKING SERVICES TO AND AUTHORIZING THE CITY MANAGER, EXECUTE AND MANAGE RELATED AGREEMENT, UH, PRESENTING SARAH BUCK EVENING MAYOR AND COUNCIL.
THIS IS HOW OUR STRATEGY MAP SUPPORTS THIS AGENDA ITEM.
SO OUR, UH, DEPOSITORY AGREEMENT IS UP FOR RENEWAL.
AND YOU, YOU MAY BE ASKING WHY, WHY ARE WE BRINGING THIS FORWARD TO COUNCIL? BECAUSE WE'RE CERTAINLY NOT GONNA BE SPENDING MORE THAN A HUNDRED THOUSAND DOLLARS IN FEES TO OUR DEPOSITORY, UM, INSTITUTION.
IT'S BECAUSE IT'S GOVERNED BY A SEPARATE LOCAL GOVERNMENT CODE THAN YOUR NORMAL RQS ARE.
SO IT'S GOVERNED UNDER LOCAL GOVERNMENT CODE SECTION 1 0 5, WHICH STATES THAT YOUR DEPOSITORY AGREEMENT CAN'T EXCEED FIVE YEARS.
SO WE HAVE TO COME TO COUNCIL EVERY FIVE YEARS WITH AN RFQ AND GO OUT FOR QUALIFICATIONS AND GO THROUGH THIS PROCESS.
THEN COUNCIL, UM, MUST DESIGNATE WHICH, UM, WHICH DEPOSITORY INSTITUTION WE ARE SELECTING AND THEN AUTHORIZED STAFF TO EXECUTE ON THE CITY'S BEHALF OF DEPOSITORY AGREEMENTS.
SO THAT'S ALL SET OUT IN LOCAL GOVERNMENT CODE SECTION 1 0 5.
WE DID GO OUT FOR RFQ, WE RECEIVED TWO RESPONSES.
THE FIRST WAS FROST BANK, WHICH IS OUR CURRENT DEPOSITORY INSTITUTION.
AND THE SECOND IS TEXAS REGIONAL BANK, WHICH COUNCIL MAY BE AWARE THEY'RE GONNA HOPEFULLY BE OPENING THEIR BRANCH IN BERNIE, THEY'RE HOPING IN DECEMBER.
[00:55:01]
THEY PUT THEIR HAT IN THE RING AND WANTED TO BE OUR DEPOSITORY INSTITUTION.WE DID A SCORING CRITERIA, UM, SEVERAL THINGS THAT WE LOOKED AT WHEN THEY PUT IN THEIR QUALIFICATIONS AFTER SCORING ALL, ALL OF THE CATEGORIES, FROST BANK SCORED HIGHER OF 9.24.
SO WE ARE RECOMMENDING CONTINUING WITH FROST AT THIS TIME.
ARE THERE ANY QUESTIONS? NO, THAT SEEMS PRETTY STRAIGHTFORWARD.
UH, CAN WE GET A MOTION, A MOTION FROM COUNCILMAN BUNKER? I MOVE THAT WE RECEIVE AND, UH, RECEIVE PROPOSALS AND APPROVE RESOLUTION NUMBER 2025 R 82 RESOLUTION, AWARDING THE CITY'S DEPOSITORY SERVICES TO FROST BANK AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE RELATED AGREEMENT.
SECOND FROM COUNCILMAN MICKELSON, PLEASE VOTE AND MOTION PASSES.
[A. ANNUAL UPDATE ON SHORT-TERM RENTAL PROGRAM.]
MOVING ON TO AGENDA ITEM SEVEN A ON OUR OTHER, UH, 2025 DASH 4 95 ANNUAL UPDATE ON SHORT TERM RENTAL PROGRAM.CHRISTIE AND NATHAN OR FRANKIE
UM, AS YOU SAID, UH, WE'RE GONNA TALK ABOUT SHORT TERM RENTAL PROGRAM OR STR PROGRAM.
UH, AS YOU MAY RECALL, CITY COUNCIL ADOPTED AN ORDINANCE BACK IN 2023 THAT ESTABLISHED STANDARDS AND REGULATIONS FOR STR HERE IN THE CITY OF BERNIE AS WELL AS OUR ETJ.
UH, ADDITIONALLY, IT SET FORTH A REQUIREMENT FOR STAFF TO PROVIDE AN ANNUAL UPDATE ON THE STR PROGRAM, WHICH IS WHAT WE'RE DOING TONIGHT.
SO, UM, UH, AFTER THIS ORDINANCE WAS ADOPTED, IT BECAME VERY CLEAR THAT A PROGRAM, A SOFTWARE PROGRAM WAS NEEDED IN ORDER TO KEEP TRACK OF EVERYTHING.
AND SO STAFF AT THAT TIME SELECTED GRANICUS, UM, AND BACK IN MAY OF 2024, WORK ON THAT BEGAN.
UM, SOMETHING THAT'S REALLY COMMON THAT WE SEE WITH DIFFERENT SOFTWARE COMPANIES IS THAT THE DEMAND IS REALLY HIGH AND THEIR STAFFING LEVEL MIGHT BE ON THE LOWER SIDE, SO THERE IS A BACKLOG TO WAIT.
SO THAT IS WHAT WE SAW WITH GRANITE KISS AND IT IS PRETTY COMMON.
UM, SO IT DID TAKE A LITTLE BIT IN ORDER TO GET THE SOFTWARE PROGRAM GOING.
UM, BECAUSE OF THAT, STAFF KNEW THAT THERE NEEDED TO BE AN INTERIM REGISTRATION PROCESS.
UH, STAFF DID SET THAT UP LAST YEAR AND IT DID GO LIVE IN JULY OF 2024.
UM, THIS YEAR WITH THIS UPDATE, WE'RE GONNA TALK ABOUT THE NEW SOFTWARE.
GRANITE KISS WAS SELECTED, LIKE I SAID, AND IT LAUNCHED A FEW MONTHS AGO IN JULY OF THIS YEAR.
ALL RIGHT, SO SINCE 2024, LIKE I SAID, IT DID GO LIVE.
AND THIS IS A STREAMLINED PLATFORM, SO THIS IS A BETTER CUSTOMER EXPERIENCE AS WELL AS STAFF EXPERIENCE.
UM, CUSTOMERS CAN GO FORWARD, APPLY FOR THEIR STR PERMIT, THEIR LICENSE IN THIS SOFTWARE.
THEY CAN RENEW IT AND THEY CAN PAY THEIR HOTEL OCCUPANCY TAX THROUGH THIS ONE PLATFORM.
THEY DON'T HAVE TO COME IN ANYMORE.
IT'S MUCH MORE CONVENIENT, UH, FROM THE STAFF SIDE.
IT ALSO HAS A COMPLIANCE MODULE.
SO WE CAN, THROUGH THE SOFTWARE, IDENTIFY ALL THE STR THAT ARE OPERATING IN THE ETJ AND CITY LIMITS TO MAKE SURE THEY ARE COMPLIANT AND REGISTERED.
UM, SINCE 2024, UH, WE WERE ABLE TO MIGRATE THAT INTERIM PROGRAM INTO OUR CURRENT ONE.
SO WE USE JOTFORM, SO WE'RE ABLE TO MIGRATE ALL THE EXISTING, UH, STR LICENSES INTO GRANITE KISS.
SO THIS WAS AGAIN, A BETTER CUSTOMER EXPERIENCE IF THEY ALREADY WENT THROUGH AND HAD AN ACCOUNT, WE SENT THEM AN EMAIL SAYING, HEY, SIGN UP FOR THIS.
WHEN YOU DO THAT, YOUR LICENSE IS GONNA LINK.
UM, SO IT'S, IT'S MUCH SIMPLER FOR THEM.
NOW AT THIS POINT, UH, ALSO OVER THE PAST YEAR, BECAUSE THIS IS, YOU KNOW, LIKE I MENTIONED, A COMPREHENSIVE PLATFORM, IT HAS ALL THESE DIFFERENT FEATURES ON IT.
IT INVOLVED A LOT OF DIFFERENT DEPARTMENTS.
UM, EVERYONE FROM IT WHO LED THE CHARGE IN CREATING THE SOFTWARE TO CODE ENFORCEMENT WHO DOES INSPECTIONS OF THE SHORT-TERM RENTALS TO FINANCE, WHO ACCEPTS THE, UH, HOTEL OCCUPANCY TAX, AND OF COURSE PLANNING AS WE HELP PEOPLE THROUGH THE REGISTRATION PROCESS.
SO THERE WAS EXTENSIVE, UH, COORDINATION BETWEEN THE DIFFERENT DEPARTMENTS TO GET US WHERE WE'RE AT TODAY AND GET ALL THE TRAINING DONE.
UM, AND THAT'S NOT A SMALL FEAT.
SO
INSTEAD THERE'S ONE PLATFORM AND THAT'S EASIER FOR THEM.
UM, ADDITION ADDITIONALLY TO THAT IS WE COORDINATE WITH THE VISIT BERNIE.
UM, THE TEAM DOES A GREAT JOB ADVERTISING AND PROMOTING BERNIE, INCLUDING PLACES TO STAY.
SO WE COORDINATE WITH THEM ALL THEIR STR LISTINGS, THEY ADVERTISE 'EM ON THERE.
[01:00:01]
THEY'RE REGISTERED.IF THEY'RE NOT, THEY GIVE A FRIENDLY NOD, HEY, GO REGISTER.
BY THE WAY, THESE PICTURES ARE ALL FROM THE WEBSITE OF DIFFERENT ADVERTISEMENTS THAT ARE, UH, FOR S STRS THAT ARE CURRENTLY REGISTERED AND OPERATING HERE IN THE CITY LIMITS.
AND ETJ, IF YOU HAVEN'T HAD A CHANCE TO LOOK AT IT, THIS IS WHAT THE WEBPAGE LOOKS LIKE.
IT'S VERY SIMPLE, CLEAN, EASY TO READ AND UNDERSTAND.
IF YOU WANNA REGISTER YOUR PROPERTY, RENEW YOUR PERMIT, PAY YOUR HOTEL OCCUPANCY, TEXT, CREATE AN ACCOUNT, AND THAT'S GOING TO SEND YOU TO ONE DASHBOARD WHERE YOU DO ALL OF THIS.
SO IT'S MUCH EASIER FOR THE APPLICANTS.
ALSO, LOVELY PHOTO OF DOWNTOWN.
SO, SO WHERE WE ARE NOW, LIKE I SAID, IT'S ALL ONLINE AND IT DID LAUNCH IN JULY, SO WE ARE STILL FINE TUNING IT.
LIKE ANY SOFTWARE, YOU'RE GONNA FIND DIFFERENT ISSUES AS YOU EXPERIENCE, UH, NEW SITUATIONS.
SO WE ARE CONSTANTLY WORKING ON IMPROVING THAT AND GETTING IT TO BE THE BEST EXPERIENCE FOR CUSTOMERS AS WELL AS FOR STAFF.
UM, THE PROCESS NOW IS BASICALLY AN OWNER OR PRO, UH, A PROPERTY MANAGER.
THEY COMPLETE THE WHOLE THING ONLINE.
SO THEY APPLY ONLINE THROUGH THIS PORTAL.
THEY PAY THEIR FEE THROUGH THE PORTAL.
THEY REQUEST THEIR INSPECTION OR UPLOAD THEIR INSPECTION DOCUMENTATION THROUGH IT.
SO IT'S, IT'S MUCH EASIER FOR THE CUSTOMER.
SO LET'S GET TO A FEW NUMBERS.
SO THIS LOOKS A LITTLE SCARY, BUT THE SOFTWARE IDENTIFIED 214 STR UNITS.
THAT'S THE SHORT TERM RENTAL UNITS IN CITY LIMITS AND ETJ.
NOW, OF THOSE 51 OF THEM ARE REGISTERED AND ACTIVELY ADVERTISING, 48 OF THEM ARE NOT REGISTERED IN ACTIVELY ADVERTISING, AND 115 OF THEM ARE, UM, NOT ADVERTISING EITHER.
UH, THEIR APPLICATION, EXCUSE ME, THEIR LISTINGS ONLINE HAVE GONE INACTIVE.
AND THIS COULD BE FOR MULTITUDE OF REASONS, YOU KNOW, ON THE INDIVIDUAL LEVEL IT'S HARD TO REALLY IDENTIFY IT, YOU KNOW, IT COULD BE THEY SOLD THE PROPERTY, IT'S MORE WORK THAN THEY THOUGHT IT WAS.
IT COULD BE A THOUSAND DIFFERENT THINGS.
BUT ESSENTIALLY WE HAVE ABOUT 99 ST THAT ARE OPERATING IN CITY LIMITS AND IN THE ETJ.
SO NEXT STEPS, UH, SO FIRST SEEMS KIND OF OBVIOUS NOW, IS WE'RE GOING TO INITIATE THAT COMPLIANCE STEP.
SO NOW THAT WE'RE, WE'RE LAUNCHED IN JULY AND WE'RE STARTING TO FIX, UM, A LOT OF THE, THE LITTLE FINE TUNING AND THE SOFTWARE AND MAKING IT A BETTER EXPERIENCE, WE ARE STARTING TO, UH, WE'RE READY TO INITIATE THAT COMPLIANCE AND THROUGH GRANICUS BE ABLE TO ISSUE THOSE NOTICES AND LET PEOPLE KNOW, HEY, THIS IS NOW REQUIRED.
YOU HAVE TO GO THROUGH THE REGISTRATION PROCESS.
THIS IS WHAT YOU DO, AND WALK 'EM THROUGH IT.
UH, IN ADDITION TO THAT, WE'RE GOING TO MAINTAIN OUR QA CHECKS.
UM, AGAIN, THAT PROCESS IMPROVEMENT, ESPECIALLY AS WE START TO SEE THESE OTHER 48, UH, APPLICATIONS COME IN AND GET REGISTERED ON, WE'RE SURE TO FIND AND IDENTIFY SOME DIFFERENT WAYS TO IMPROVE THE SYSTEM.
AND WE'RE GONNA MAKE SURE STAFF IS TRAINED ON THOSE.
UH, WE'RE GONNA CONTINUE OWNER OUTREACH AND WEB AND EMAIL UPDATES BEFORE THE RENEWAL CYCLE.
SO NOW THAT 2016 IS APPROACHING, WE'RE GONNA START TO SEE SOME RENEWALS, WHICH IS PRETTY EXCITING.
SO AGAIN, THERE'S GONNA BE SOME EFFICIENCY MOMENTS IN THAT AS WELL.
AND WE'RE GOING TO MAKE SURE THAT WE'RE TRACKING ALL OF OUR COMPLIANCE METRICS SO THAT NEXT YEAR WHEN WE DO THIS UPDATE, WE'LL HAVE OUT ALL THAT INFORMATION TO PROVIDE TO YOU AS WELL.
AND I'M HAPPY TO ANSWER ANY QUESTIONS.
WHEN THE PROGRAM STARTED, I BELIEVE THE ESTIMATE WAS THERE WAS A HUNDRED, THERE WERE A HUNDRED SHORT TERM UNITS IN BERNIE, ROUGHLY CHRISTIE, ABOUT 110.
WE HAVE NOW IT SAYS 200 AND WHAT, 5,214.
AND I UNDERSTAND THEY'RE INACTIVE, BUT I'M SAYING IT WAS ONLY IDENTIFIED A HUNDRED.
WELL, THOSE WERE THE ONES THAT WE WERE, WE WERE LOOKING AT AS ACTIVE.
YEAH, THOSE WERE THE ONES THAT WERE ACTIVE.
IT'S A HUNDRED THAT ARE ACTIVE, NOT ACTIVE STILL.
SO THERE'S BEEN REALLY VERY LITTLE GROWTH ON THE ACTIVE SIDE.
AND INACTIVE SIMPLY MEANS THEY'RE NOT LISTED.
DOES THAT MEAN THEY'RE INACTIVE AND NOT BEING USED? THAT'S CORRECT.
WE KNOW THEY'RE NOT BEING USED.
AND THE REGISTRATION IS BECAUSE AS YOU POINTED OUT, WE JUST HAVEN'T GOTTEN TO IT YET, AND WE'RE GONNA START ENFORCING THAT.
THAT'S ONE OF THE GREAT, UM, FUNCTIONS OF THE SYSTEM.
SO WHAT ARE THE CONSEQUENCES FOR THOSE 48 THAT HAVEN'T REGISTERED ON THEIR OWN, THAT DIDN'T GO THROUGH THE REGISTRATION SYSTEM, HAVE BEEN RENTING AND IGNORING THE HOTEL OCCUPANCY TAX? SO, UH, WE'RE GOING TO ISSUE THEM A LETTER AND LETTING THEM KNOW THAT THEY NEED TO REGISTER.
AND, UH, I'M SURE FOR THE FIRST ROUND IT WILL JUST BE REGISTER, START PAYING.
UH, BEYOND THAT, THERE COULD BE
[01:05:01]
SOME CONSEQUENCES.AND WE DO HAVE AN ORDINANCE IN PLACE THAT ACTUALLY LISTS WHAT THE DOLLAR AMOUNTS ARE.
AND IF THEY DON'T MEET THAT FINAL DEADLINE, UH, YOU KNOW, THEN THAT'S WHEN YOU WOULD, THE ORDINANCE WOULD KICK IN AS FAR AS, UH, THE PENALTIES AND THEY'D HAVE A CITATION WOULD BE ISSUED.
UM, AND IT WOULD GO THROUGH THE WHOLE PROCESS.
IF YOU REMEMBER BACK IN 2023, THIS WAS A HOT BUTTON TYPE, YOU KNOW? YES, SIR.
THE CITY, THE RESIDENTS AND THE SHORT-TERM RENTAL PEOPLE WORK, WHAT, NINE MONTHS GOING BACK AND FORTH, MAKING THIS A, THIS SHORT-TERM RENTAL AGREEMENT.
LOT OF COMPROMISE WAS MADE ON BOTH, BOTH SIDES.
AND SO THAT WAS A WELL, WELL DONE ORDINANCE.
SO THANK YOU GUYS FOR KEEPING UP WITH THIS AND KEEPING US INFORMED AND HOW IT'S MOVING FORWARD.
WELL, AND I'D ALSO LIKE TO GIVE A SHOUT OUT, UH, TO MIKE OTTI.
UM, HE, YOU KNOW, AFTER, UM, YOU GUYS KNOW, I, I DID A LOT COME, CAME BEFORE YOU GUYS AND DID A LOT OF THE PRESENTATIONS AND, UH, WHEN THE, UH, SOFTWARE KICKED IN AND WE REALLY HAD TO WORK ON GETTING THAT SET UP.
HE TOOK THAT OVER AND HE'S WORKED TIRELESSLY BECAUSE, UM, IT WAS NOT AN EASY, UH, PROCESS TO GO THROUGH.
AND I JUST WANNA THANK HIM FOR ALL HIS HARD WORK AND, UH, KEEPING UP WITH IT.
AND IF HE HADN'T DONE THAT, WE KNOW, I DON'T, I'M NOT SURE WE WOULD'VE GOTTEN GOING IN JULY, BUT WE DID.
WELL, IT'S IMPORTANT TO REMIND ALSO, PART OF THE IMPETUS BACK IN 23 WAS THAT WE WERE CONCERNED THAT WE NOT BECOME FREDERICKSBURG, WHERE ALMOST A THIRD OR MORE OF THEIR HOUSING UNITS ARE SHORT-TERM RENTAL 1500, 1600 PLUS NOW.
AND, UM, I THINK THIS ORDINANCE WILL HELP IF I, I'M SURE IT'S GONNA GROW, BUT I THINK IT HAS TO BE DONE PROPERLY.
AND, UM, WE JUST WANNA MAKE SURE WE DON'T GET RUN INTO THAT SITUATION.
'CAUSE WE DO NOT WANT TO DEPOPULATE THE CENTER OF BERNIE AND TURN IT JUST INTO A SHORT TERM RENTAL.
[A. RECOGNIZE THE PLANNING DEPARTMENT FOR RECEIVING THE RICHARD R. LILLIE, FAICP PLANNING EXCELLENCE RECOGNITION PROGRAM AND PLANNING ACHIEVEMENT AWARDS URBAN DESIGN - SILVER AWARD: URBAN CORRIDOR DESIGN AND ENHANCEMENT GUIDE FROM THE TEXAS CHAPTER OF THE AMERICAN PLANNING ASSOCIATION.]
TO AGENDA ITEM NUMBER EIGHT, CITY MANAGER REPORT.I'LL TURN THAT OVER TO CHRISTIE.
UH, WELL, WE ALWAYS ENJOY DOING, UM, UH, RECOGNIZING OUR DIFFERENT DEPARTMENTS WHO HAVE, UH, WON AWARDS AND, AND, UH, ACTUALLY HAVE GONE TO STATEWIDE, UH, CONFERENCES AND COME BACK WITH SEVERAL THINGS.
SO, UH, WE'RE GONNA, UH, HONOR THE PLANNING DEPARTMENT TONIGHT, AND WE WANT THEM TO COME UP AND, AND TAKE A PICTURE.
UM, THE, THE FIRST AWARD, THEY JUST, UH, CAME BACK FROM THEIR TEXAS, UH, PLANNING ASSOCIATION MEETING.
AND FOR THE SECOND YEAR IN A ROW, THEY WERE AWARDED THE RICHARD E. RICHARD R LILY, UH, PLANNING EXCELLENCE AWARD, AND ONE OF ONLY 49 TEXAS CITIES THAT RECEIVED THIS AWARD.
UH, IT'S BASED ON THE LEVEL OF TRAINING, THE AMOUNT OF TRAINING THAT YOU HAVE FOR YOUR PLANNING AND ZONING COMMISSION AS WELL AS YOUR STAFF.
UH, WE HAVE NUMEROUS, UH, A ICPS, UH, WHICH IS ONE OF THE, UH, PROGRAMS WHERE YOU, YOU ARE, YOU ARE ACTUALLY, YOU TAKE A TEST, YOU HAVE TO GO THROUGH SO MUCH, UH, CONTINUAL EDUCATION.
WE HAVE SEVERAL OF THOSE ON STAFF.
AND ALSO JUST THE DEPTH AND THE CURRENCY OF YOUR MASTER PLAN ALSO IS PART OF THE CRITERIA.
UH, IT, IT ACKNOWLEDGES THAT, UH, THE DEPARTMENT HAS THE SUPPORT OF THE CITY COUNCIL AND THE PNZ AND THEN ALSO JUST THE HIGH STANDARDS, UH, THAT WE HAVE WITHIN THAT DEPARTMENT.
AND, UH, BIG CONGRAT, CONGRATULATIONS TO STAFF AS WELL AS DIRECTOR NATHAN CRANE, WHO LEADS THE CREW, AND, UM, ALL THE WORK THAT THEY'VE DONE.
AND WE HAVE, UH, FRANKIE AND JOANNE MARIE, UH, AND, UH, WE HAD LOST TYLER WHO WAS IN THE PICTURE, BUT WE WERE ABLE TO ALSO ADD, UH, BEN SIMMONS, WHO WAS A, AN INTERN FOR US FOR TWO YEARS.
AND HE FINISHED HIS DEGREE, NOT ONLY HIS, UH, REGULAR DEGREE, BUT HIS MASTER'S DEGREE.
SO WE'RE THRILLED TO HAVE HIM ON STAFF NOW AS PART OF OUR TEAM.
UH, THE SECOND AWARD THAT THEY BROUGHT HOME, THEY COULDN'T JUST COME HOME WITH ONE, UH, WAS THE URBAN CORRIDOR DESIGN GUIDE, AND THEY RECEIVED A SILVER AWARD.
THIS REALLY IS A COLLABORATION AMONG SEVERAL DEPARTMENTS.
SO, UH, THE PLANNING ASSOCIATION IN TEXAS HAVE NUMEROUS AWARDS THAT CITIES CAN APPLY FOR EVERY YEAR.
AND SO ONE OF THEM WAS ABOUT, UH, URBAN DESIGN.
SO, UH, PAUL BARWICK, WHO IS OUR PROJECT MANAGER, AND PAUL WILL BE UP HERE IN A SECOND, IS ALSO OUR RESIDENT HISTORIAN IN BERNIE.
AND A VERY TALENTED LANDSCAPE ARCHITECT.
AND HE WAS, HE DROVE THIS PROJECT, AND I THINK PAUL, WAS THAT IN 2022? IS THAT WHEN THAT STARTED? MAYBE? UM, SOUNDS RIGHT.
AND THEN I THINK WE COMPLETED IT MAYBE IN 20, MAYBE THE END OF 23, SOMETHING LIKE THAT.
UM, AND SO THIS IS OUR, UH, URBAN CORRIDOR DESIGN GUIDE.
UM, THIS WAS FOCUSED ON, FOCUSED ON COMMUNITY VOICES TO BRING THIS PROJECT FORWARD.
THERE WERE, UH, THERE WAS A 17 MEMBER WORKING GROUP.
IT INCLUDED, UH, MAYOR PRO, TEM, TY WILSON, AS WELL AS, UH, COUNCIL MEMBER MACUSA, AND THEN SEVERAL STAFF MEMBERS, BUT LOTS OF COMMUNITY MEMBERS, DESIGN PROFESSIONALS, ARCHITECTS, PEOPLE WHO WORK IN, IN, WHO ARE, WHO JUST ARE CONCERNED ABOUT, UM, THE COMMUNITY FEEL THAT WE HAVE.
[01:10:01]
CONCEPTUAL PLANS FOR 11 CITY INTERSECTIONS AND IDEAS ON, UH, WHEN WE WERE ABLE TO DEVELOP THOSE, UH, WHAT WE MIGHT USE.AND IT, IT PUTS FORTH A, UM, A PALLET OF MATERIALS, UH, WHAT THE, THE LIGHTING, WHAT THE SITE FURNISHINGS WOULD LOOK LIKE, WHAT ART MIGHT WORK.
AND IT REALLY DELVED INTO THE HISTORY OF BERNIE AND WHAT'S APPROPRIATE FOR OUR CITY.
UM, THERE ARE A FEW THINGS THAT, UH, WE'VE BEEN ABLE TO ACTUALLY MOVE FORWARD WITH.
THE FIRST ONE IS THE, UH, SIGN ON, UH, FOR RIVER ROAD PARK IS OUR FIRST P IS OUR FIRST SIGN THAT FOLLOWED THE DESIGN GUIDELINES.
AND WE HAVE PLANS FOR SEVERAL OTHER THINGS IN THE NEAR FUTURE.
SO, UM, WE ARE JUST VERY EXCITED ABOUT IT.
AND ALSO THAT THE RECOGNITION, UH, THAT STATE ASSOCIATIONS ARE GIVING OUR STAFF FOR THE DIFFERENT PROJECTS.
AND WE THANK EVERYONE FOR THEIR WORK ON THIS, THIS WONDERFUL GUIDE.
YOU CAN FIND IT ON THE WEBSITE, AND WE ARE USING IT FOR MANY OF OUR PROJECTS, OUR CAPITAL IMPROVEMENT PROJECTS, BUT ALSO WE RECOMMEND IT TO DEVELOPERS, UM, AS THEY LOOK AT DOING SIGNAGE AND, AND DIFFERENT, DIFFERENT THINGS WITH THEIR PRO, WITH THEIR PROJECTS, THAT THEY CAN ALSO UTILIZE IT.
SO MAYBE WE WANNA TAKE A PICTURE.
HOW ABOUT THAT? ALRIGHT, SO CONGRATULATIONS GUYS.
OH, NOW, NOW YOU DECIDE TO GET UP THE PICTURE.
YOU CAN, YOU CAN'T, YOU CAN'T GET UP AND SPEAK, BUT YOU COME UP FOR PHOTO LOT.
I NEED Y'ALL TO COME ON CLOSER.
WHY ARE WE ALL THE WAY OVER HERE?
TY, CAN Y'ALL MOVE OVER JUST A LITTLE BIT? CAN YOU SEE? THERE WE GO.
IS THAT BETTER? YOU CAN STAND RIGHT HERE.
AND THEN FOR THIS AWARD AS WELL, EXTRA REWARD, THAT'S, THERE IT IS.
NATHAN'S LIKE, I CAN'T DO, SHIFT AROUND A LITTLE BIT.
THANK YOU EVERYONE FOR THE GREAT WORK AND THE DEDICATION.
WE REALLY APPRECIATE IT HERE AT CITI.
MAY, MAY I WANNA SAY SOMETHING.
THIS, THIS PROJECT HAD BEEN VERY NEAR AND DEAR TO MY HEART SINCE DAY ONE.
I, WHEN I CAME ON THE COUNCIL IN 2019, THE VERY FIRST FINANCIAL REQUEST I MADE WAS TO SET ASIDE FUNDS TO BEGIN BUILDING A POOL OF MONEY FOR JUST THIS TYPE OF THING.
AND THOSE GUYS OUT THERE MADE IT HAPPEN.
AND I'M JUST, WE'RE JUST A SMALL PART OF IT.
BUT THIS IS SOMETHING I THOUGHT WAS EXTREMELY IMPORTANT.
AND I KNOW, TY, YOU WORKED ON THIS WITH ME TOO, TO, TO GIVE THE CITY SOME MORE CHARACTER, A SENSE OF PLACE, A SENSE OF REAL, UH, UNDERSTANDING.
'CAUSE AS WE GROW AND WE HAVE NEW PEOPLE HERE, WE WANT TO CREATE THAT UNITY.
AND I THINK THIS IS A, AND THIS AWARD MIZES THE, THE, THE, THE WORK THAT YOU GUYS DID, AND PAUL, YOU WERE FABULOUS.
BUT PAUL, YOU DID A GREAT JOB.
[B. MONTHLY PROJECTS REPORT.]
CHRISTIE, CITY MANAGER'S REPORT, MONTHLY PROJECTS REPORT.UM, SO, UH, MAYOR COUNCIL, THIS IS OUR, WE'RE KICKING OFF OUR NEW FISCAL YEAR.
IT'S ALWAYS FUN TO DO THIS REPORT BECAUSE YOU GET TO SEE ALL THE NEW PROJECTS THAT WERE ADDED.
AND, UH, SO WE'LL JUMP RIGHT ON IN.
UM, SO HERE'S OUR MOBILITY, UH, OUR MOBILITY SLIDE.
[01:15:01]
UH, DELVE INTO THE PLANT AVENUE PARKING LOT CONSTRUCTION.THIS IS A PROJECT THAT YOU ALL HAVE, HAVE HEARD ABOUT FOR QUITE A WHILE.
IT ACTUALLY HAS GONE OUT TO BID.
AND SO NOW, UH, WE PLAN TO AWARD THIS, HOPEFULLY AT THE NOVEMBER COUNCIL MEETING.
AND IT SHOULD ONLY TAKE ABOUT 120 DAYS TO, UH, COMPLETE THAT PROJECT, KNOCK ON SOMETHING, UH, DEPENDING UPON WEATHER.
AND, UH, THIS ALSO WILL BE A PROJECT THAT WILL INCORPORATE, UH, ELEMENTS FROM THE URBAN DE, UH, CORRIDOR DESIGN.
SO IT'S GONNA BE REALLY FUN TO SEE THIS.
YOU'RE GONNA SEE SOME BUFFALOES AND SOME SIGNAGE, AND IT WILL REALLY, UH, ENHANCE THAT PARKING LOT, WHICH NEEDS, YOU KNOW, A LITTLE BIT BETTER IN AND OUT AND, UH, AND MAKE IT JUST MORE VALUABLE FOR THE, FOR THE COMMUNITY.
SO OUR OTHER, UH, BOND PROJECTS, UM, LET'S SEE.
UH, AS WE MOVE ON, YOU NOTICE THAT ALL OF THESE, MOST OF THESE ARE ON TARGET.
WHEN YOU SEE THE PURPLE, THOSE ARE GONNA BE THE NEW ONES THAT WE HAVE ADDED.
UH, SO YOU'RE GONNA SEE, UH, SEVERAL DIFFERENT, WE'VE GOT A, A BOARDWALK REPAIR.
UH, NUMEROUS PARKS PROJECTS ARE ON THIS ONE.
SO, UH, DIRECTOR OF MENEZ HAS GOT, UH, SEVERAL THINGS THAT SHE'S GONNA BE WORKING ON TO DO WITH THE POOL AS WELL AS THE LAKE.
AND THEN ALSO, UH, SOME IMPROVEMENTS AT NORTHROP PARK.
WE WILL GO AHEAD AND, UH, DELVE INTO THE NORTH SIDE PARK PROJECT.
EVERYONE KNOWS THAT THIS IS UNDERWAY, AND WE ARE DOING PHASE ONE.
UH, WE DID THE GROUNDBREAKING, BUT WE ACTUALLY HAVE STARTED TURNING DIRT.
AND, UH, SO WE'RE REALLY EXCITED ABOUT THAT.
YOU'LL SEE HERE, UH, THEY'VE LAID OUT IN THIS PICTURE, THIS IS KIND OF THE LAYOUT OF A ROADWAY, AND THEY'RE ALSO WORKING ON THE MULTIPURPOSE FIELDS, UH, DIGGING DOWN AND EXCAVATING.
AND SO, UH, IT'S, IT'S UNDERWAY AND WE'RE EXCITED ABOUT THAT.
AND THEN THESE, UH, SIX PROJECTS ARE ACTUALLY ALL COMPLETE.
SO, UH, THE RIVER ROAD PARK MONUMENT SIGN, UH, THAT WE TALKED ABOUT JUST A MOMENT AGO, UH, THAT ONE IS, UM, THAT ONE'S ALL COMPLETE, AND YOU CAN SEE IT AS YOU DRIVE BY.
AND, UH, WE'RE VERY EXCITED ABOUT THAT.
AND THIS WAS THE LAST PIECE OF THAT PROJECT.
SO, UH, COMPLETING THIS, UH, I BELIEVE DIRECTOR JIMENEZ SAID, WE MAY DO A LITTLE BIT OF LANDSCAPING AROUND THE SIGN, BUT OTHER THAN THAT, THIS PROJECT IS TOTALLY COMPLETE.
AND THEN THE OTHER PROJECTS ON THE, ON THE PAGE, I THINK THESE ARE ALL, IF I'M RIGHT, UH, MR. MANN, DIRECTOR MANN, THESE ARE HIS PROJECTS.
UH, THE RECLAIMED WATER MAIN, UH, RANCHES AT CREEKSIDE, THE, THE GAS LINE, UH, THE SCHOOL LIFT STATION.
WE'VE STARTED OUR WATER TREATMENT PLANT PILOT STUDY, AS WELL AS THE, UH, SOUTH SELO SEWER COLLECTOR DESIGN.
SO LOTS OF PROJECTS, AND WE'VE HAD VERY GOOD MOVEMENT ON THOSE, UH, DEVELOPMENT.
SO WE'VE GOT TWO THINGS THAT WE'RE CONTINUING ON WITH THIS YEAR.
THE DARK SKIES, AS WELL AS, UH, AN ENGINEERING DESIGN MANUAL, UH, WITH JEFF'S GROUP.
AND THEN, UH, THE THREE IN PURPLE ARE, ARE OUR NEW PROJECTS THAT WE WILL FOLLOW THROUGHOUT THE YEAR.
ON THE FINANCE SIDE, AGAIN, UH, WE'VE GOT SEVERAL THINGS THAT WE'RE WORKING ON.
UM, THAT FINANCIAL AUDIT THAT IS GOING TO FINANCE IS ALREADY, THE FINANCE TEAM IS ALREADY PROVIDING INFORMATION, UH, TO OUR AUDITORS FOR THAT.
WE ARE GONNA BRING THE GAS RATES BACK TO YOU ALL.
AND THEN OF COURSE, THE COUNCIL STIPENDS IN OUR NEW ITEMS THAT ARE, HAVE BEEN ADDED TO THE REPORT ARE IN PURPLE.
UM, I THINK YOU'RE PRETTY, UH, FAMILIAR WITH ALL OF THESE, AND YOU'LL BE SEEING THESE IN THE NEAR FUTURE PUBLIC SAFETY.
UH, WE'VE HAD, UH, OUR GROUNDBREAKING AT THE FIRE STATION, AS WELL AS OUR, UH, FACILITY NEEDS FOR BOTH THE ANIMAL SHELTER AND THE POLICE STATION.
AND THEN, UH, OUR NEW PROJECT IS THE, UH, CAD SYSTEM UPGRADE.
THESE ARE JUST OTHER PROJECTS THAT, UH, YOU KNOW, DIDN'T HAVE REALLY A CATEGORY OF IN, IN THE OTHER AREAS.
UM, QUITE A FEW OF THESE ARE, WE'VE TALKED ABOUT, UH, THE SUBCOMMITTEES THAT WE'RE GOING TO BE PUTTING IN PLACE HERE PRETTY SOON.
AND SO WE'RE GONNA HAVE ONE FOR THE ANIMAL SHELTER, UM, ONE THAT SPECIFICALLY DEALS WITH URBAN DESIGN AND LOOKING AT THOSE PROJECTS THAT ARE IN, IN OUR MANUAL, OUR WATERWORKS TERRACE.
AND SO WE'RE EXCITED TO GET THAT MOVING, AND THE COUNCIL WILL BE PART OF THOSE SUBCOMMITTEES, AND EACH ONE OF THOSE WILL HAVE, UM, A STAFF LIAISON THAT WILL WORK WITH THAT.
AND SO WE'LL HAVE MORE INFORMATION ON THAT COMING UP SOON.
AND WE HAVE, UH, SEVERAL OTHER GOOD THINGS, THINGS FOR THE LIBRARY.
UH, WE'VE GOT SMART METERS AND AN OUTAGE MAP THAT WE'RE WORKING ON.
PROGRAM SOFTWARE FOR PARKS AND RECREATION.
SO THESE ARE ALL ITEMS THAT WE'RE BUDGETED FOR THIS YEAR IN OUR BUDGET.
AND THESE ARE PROJECTS THAT ARE ON OUR WORK PLANS.
AND LAST BUT NOT LEAST, UH, AGAIN, ALL THE PURPLE, THOSE ARE OUR NEW PROJECTS AND, UH, THE MELLON GRANT.
SO WE'RE GONNA DELVE INTO THAT ONE.
SO THIS WAS THE, UH, THE GRANT THAT WE RECEIVED FROM THE MELLON FOUNDATION SEVERAL YEARS AGO.
UH, THAT ACTUALLY, UH, IT WAS ONE OF THE LAST THINGS THAT, UH, OUR
[01:20:01]
FORMER DIRECTOR PUT IN PLACE.AND SO IF YOU ALL HAVE BEEN OVER AND SEEN THE, UM, THE MEMORY LAB THAT WE HAVE, THERE'S ALSO, THEY'RE WORKING ON AN ART AND RESIDENCE PROGRAM.
AND, UH, NATALIE HAS, HAS, UH, COMPLETED THIS.
AND THE PROGRAM HAS BEEN ANNOUNCED IN THE APPLICATION RECEIVED.
SO WE'RE EXCITED ABOUT ALL THE OPPORTUNITIES THAT WE'VE BEEN ABLE TO, ALL THE PROGRAMS WE'VE BEEN ABLE TO MOVE FORWARD WITH THE MELLON GRANT AUNT.
AND WITH THAT, THAT'S THE END OF THE REPORT, UNLESS YOU ALL HAVE QUESTIONS.
ANY QUESTIONS FOR CHRISTIE THIS EVENING? ALRIGHT.
[9. COMMENTS FROM COUNCIL – No discussion or action may take place.]
AGENDA MY NINE, UH, COMMENTS FROM COUNCIL.ANY COMMENTS FROM COUNCIL THIS EVENING? COUNCILOR OLSON? YEAH, JUST A COUPLE, COUPLE NOTES.
JUST, UM, I WANTED TO SAY THAT, YOU KNOW, SOME PEOPLE HAVE SAID THAT THIS MEETING WAS A SURPRISE OR SOMETHING.
I WAS AT THE LAST COUNCIL MEETING, WE TALKED ABOUT THE FACT THAT WE WERE GONNA CHANGE THE COUNCIL MEETING.
I KNOW THERE WAS SEVERAL COUNCIL MEMBERS WHO POSTED THAT THE COUNCIL MEETING WAS GONNA BE DIFFERENT.
SOMETIMES YOU JUST GOTTA LISTEN.
SO, YOU KNOW, I, I KNOW THAT SOUNDS A LITTLE, YOU KNOW, HARSH FROM, WE DID SAY SO IT WASN'T A SURPRISE.
THERE'S NOTHING WEIRD ABOUT IT.
MOST OF US DECIDED MONTHS AGO WE WERE DOING THIS, AND SO THAT'S WHY WE DID THAT.
THERE'S NOTHING, UM, SECRET ABOUT IT.
AGAIN, TWO WEEKS AGO WE SAID WE WERE DOING THIS ON MONDAY.
SO TO THE PERSON WHO HAD THAT COMMENT, I'M, YOU KNOW, I DON'T KNOW WHAT TO SAY.
UM, STICK AROUND TO THE MEETING MAYBE.
UM, ALSO FOR THE LAST 45 DAYS, PLUS WE'VE BEEN LISTENING TO PEOPLE TALK.
WE LISTENED TO PUBLIC COMMENTS FOR THEM SAYING, WE'RE NOT BEING TRANSPARENT, WE'RE NOT LISTENING.
IT'S JUST LIKE IT WAS 10 YEARS AGO.
I WOULD COMPLETELY DISAGREE WITH THAT STATEMENT.
WE'VE BEEN LISTENING TO THE PUBLIC COMMENTS FOR 45 DAYS AND THEN LISTENING TO THOSE COMMENTS, GOING BACK AND TALKING TO THE DEVELOPER ABOUT EXACTLY WHAT THEY WANT.
SO I COMPLETELY DISAGREE WITH THAT BECAUSE IT'S NOT WHAT HAPPENED 10 YEARS AGO.
SO THAT WAS NOT A GOOD STATEMENT TO SAY.
IT'S BEEN COMPLETELY DIFFERENT.
SO I DIDN'T, I KNOW THAT PERSON VERY WELL.
UM, AND THEN ALSO TO SAY IT'S THE GATEWAY TO BURN.
UM, I DON'T KNOW ABOUT ALL THE CAR DEALERSHIPS THAT ARE NEXT TO THAT, SO I WISH THAT WAS THE GATEWAY TO BERNIE.
BUT I THINK THAT THAT BOAT SAILED LONG TIME AGO.
THERE'S MANY, I DON'T THINK THE HONDA DEALERSHIP WILL BE NEXT TO IT.
THE, ACROSS THE STREET THERE'S A FORD DEALERSHIP NEXT TO THAT, THERE'S A TOYOTA DEALERSHIP.
SO, UM, AGAIN, WE DO OUR BEST, BUT TO SAY THAT IS THE GATEWAY TO BERNIE IS, UM, INCORRECT.
SO I JUST WANTED TO GET OUT THAT, WE'LL SEE WHAT HAPPENS IN THE EXECUTIVE SESSION.
I HOPE THE PEOPLE THAT ARE HERE FOR THAT STICK AROUND, I APPRECIATE YOU STICKING AROUND FOR THE WHOLE MEETING AND NOT LEAVING.
WELL, UM, I'LL ONLY ADD TO THAT, THAT A NU NUMBER OF PEOPLE HAVE BEEN VERY PASSIONATE, AND I'M AWARE OF THAT.
AND AS I EXPLAINED TO A CONSTITUENT JUST AS RECENTLY AS YESTERDAY, I SAID, WELL, YOU KNOW, I'M JUST AS PASSIONATE, THE DIFFERENCES.
I'VE BEEN PASSIONATE ABOUT THIS FOR ALMOST 10 YEARS.
AND INSTEAD OF JUST COMING UP TO THE COUNCIL, WHICH I DID IN OCTOBER OF 17 AND DOING ALL THESE SAME THINGS, I DECIDED TO DO SOMETHING ABOUT IT.
SO I RAN FOR OFFICE AND I, WE ARE DOING SOMETHING ABOUT IT.
SO, TO YOUR POINT, WE HAVE LISTENED.
THERE ARE THINGS THAT ARE HAPPENING ON A POSITIVE NOTE.
MY GOOD NEWS IS I'M A GRAND, I'M A, I'M A PAPA FOR THE SIXTH TIME.
THE REASON I WASN'T HERE IS I WAS WITH MY YOUNGEST DAUGHTER.
WE HAVE OUR SIXTH GRANDCHILD, A BEAUTIFUL GRANDDAUGHTER, AUDREY FRANCESCA.
SO THAT'S WHY I WASN'T HERE, BUT I ZOOMED IN.
I WAS REALLY LOUD, APPARENTLY.
SO THAT'S, I WAS HAPPY THAT COMES FROM COUNCIL BUNKER.
UM, SO I GUESS, UH, I THINK IT'S ABOUT A MONTH AGO, WE HAD A RESIDENT COME AND, AND EXPRESS SOME CONCERN WITH THE SMELL, WITH THE WATER TREATMENT PLANT OFF OF OLD SAN ANTONIO ROAD.
UM, JUST WANNA APPRECIATE DIRECTOR MANN.
UH, GAVE, UH, MYSELF AND, UH, COUNCILMAN BATEMAN A FIRST CLASS TOUR OF THE, OF THAT FACILITY.
UM, AND I WAS THOROUGHLY IMPRESSED WITH, UH, HOW IT'S BEEN DESIGNED AND, AND THE ENGINEERING BEHIND IT.
UM, WE, WE COULD, I MEAN, THERE WAS SOME, THAT BIG BUILDING, THAT'S WHERE THE STRONG SMELL IS, BUT IT'S ONLY INSIDE.
I WAS SURPRISED, FRANKLY, UH, WHAT, WHAT LITTLE I COULD SMELL OUTSIDE OF THE FACILITY.
SO I BELIEVE THAT THAT RESIDENT DOES IS SMELLING SOMETHING.
BUT, UH, WE NEED TO GATHER SOME MORE DATA POINTS, TIME OF DAY, TEMPERATURE, THINGS LIKE THAT.
AND, UH, AND I'M ACTUALLY CONVINCED THAT WHAT HE'S SMELLING IS, IS THE EXHAUST COMING OUT OF HIS OWN PROPERTY AND NOT ANYTHING COMING FROM, UH, FROM THE WATER TREATMENT PLANT.
UM, YEAH, I JUST WANNA SAY, UH, CONGRATULATIONS TO, UH, BERNIE MIDDLE SCHOOL NORTH.
THE VOLLEYBALL TEAM, THE B TEAM.
THEY MADE IT TO THE FINALS THIS SATURDAY.
AND THEN, UH, TO BERNIE, UH, CHAMPION MIDDLE SCHOOL GIRLS VOLLEYBALL TEAM, UH, WINNING
[01:25:01]
DISTRICT.UH, SO KUDOS TO ALL THOSE GIRLS AND THEIR EFFORTS AND, AND TO THE COACHES AND THE TEACHERS THAT PUT IN, UH, COUNTLESS HOURS OF SPENDING TIME WITH THOSE KIDDOS.
NOT JUST THE, THE VOLLEYBALL TEAMS, BUT THE FOOTBALL TEAMS AND, AND EVERYBODY ELSE.
WE DO HAVE A TOPNOTCH SCHOOL SYSTEM HERE.
UM, I DO WANT TO MAKE ANOTHER REMINDER THIS EVENING THAT OUR NEXT CITY COUNCIL MEETING WILL TAKE PLACE ON NOVEMBER 18TH AND NOT NOVEMBER 11TH, BECAUSE IT IS VETERAN'S DAY.
UM, AND WE WILL NOT BE HERE ON VETERAN'S DAY.
UM, AND THAT WILL BE THE ONLY COUNCIL MEETING THAT WE HAVE IN THE MONTH OF NOVEMBER DUE TO THE THANKSGIVING HOLIDAYS COMING UP AFTER THAT.
SO, WITH THAT BEING SAID, WE'RE
[10. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:]
GONNA MOVE ON TO AGENDA ITEM 10, EXECUTIVE SESSION TO GO TO 10 A 2025 DASH 5 48, SECTION 5 51 0 8 7, DELIBERATE DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS, BUCK'S LIMITED.UM, AND THEN WE WILL RECONVENE AFTER THAT.
SO OFFICIALLY ENDING OPEN SESSION GOING INTO THE EXECUTIVE SESSION AT 7:26 PM THANK YOU EVERYONE.
[11. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]
WILL OFFICIALLY RECONVENE THE OPEN SESSION AT 8:47 PM MONDAY, OCTOBER 27TH.MOVING ON TO AGENDA ITEM 11, A 2025 DASH 5 28, CONSIDER RESOLUTION NUMBER 2025 DASH R 83 RESOLUTION, AMENDING THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BERNIE AND BUCKY'S, LTD PRESENTING CHRISTIE STARK.
CHRISTIE, UH, THANK YOU MAYOR.
UM, SO TO TONIGHT WHAT WE WANNA DO IS, UM, KIND OF GO OVER THE AMENDED DEVELOPMENT AGREEMENT.
UH, AND BECAUSE IT INCLUDES SEVERAL IMPORTANT CHANGES AND CLARIFICATIONS THAT, UM, HAVE BEEN, UH, NEGOTIATED, DISCUSSED OVER, UH, MANY MONTHS, UH, WITH MANY MEETINGS, UM, YOU KNOW, TALKING TO RESIDENTS, LISTENING TO PUBLIC COMMENT, AND, UH, TRYING TO INCORPORATE AS MANY OF THESE AS WE CAN.
UM, THESE ADDITIONAL UPDATES, THEY STRENGTHEN THE DESIGN STANDARDS, THE INFRASTRUCTURE COMMITMENTS, AND THE COMMUNITY BENEFITS.
AND WE WANNA, UH, EXPRESS OUR APPRECIATION TO BUCKY'S FOR, UH, THE MANNER IN WHICH THEY HAVE WORKED WITH US ON THIS.
AND THERE WAS NEVER A NO, IT WAS ALWAYS, WELL, LET'S SEE WHAT WE CAN FIGURE OUT.
AND, UH, I THINK THE, THE AGREEMENT IS, IS MUCH MORE SPECIFIC AND, UH, HAS A LOT OF GOOD, UM, A LOT OF GOOD ITEMS. WE'LL GO.
I WANNA, WHAT I WANNA DO IS I JUST WANNA GO THROUGH AND KIND OF TALK ABOUT, UH, WHAT WAS, UH, DELETED, UM, THE ITEMS THAT WERE ADDED AND SOME OF THE THINGS THAT STAYED THE SAME.
UM, AND JUST TAKE IT THROUGH THAT.
UM, SO LET'S GO AHEAD AND START, IF YOU DON'T, IF YOU GUYS GUYS DON'T MIND.
I CAN, UM, DO WE THAT IT'S IN THE, UM, I DO
OH, ARE YOU? MIKE WILL WORK HIS MAGIC WHILE, UM, EXCELLENT.
I'LL JUST GO TO SLIDE NUMBER TWO PLEASE.
ALRIGHT, AND SO, UH, WE'LL JUST START AT THE TOP.
SO THE ITEMS THAT WERE DELETED, UH, THE ORIGINAL AGREEMENT IS STILL IN PLACE, BUT THIS AMENDMENT, UH, WILL DELETE AND ADD ITEMS, UM, SUPERSEDE WHAT WAS ALREADY IN THE AGREEMENT.
UH, SO ITEMS THAT WERE DELETED WERE THE SUPPLEMENTAL PROJECTS, AS WE HAVE DISCUSSED.
AND THEN ALSO, UH, THE TAX TEXAS CAPITAL FUND GRANT WAS DISSOLVED BY THE STATE.
AND SO THAT ITEM IN THE CREDIT TOWARDS CITY FEES WAS DELETED, UH, BECAUSE THAT FUND GRANT WENT AWAY.
UM, ITEMS THAT WERE ADDED, UH, THESE, THESE ITEMS, UH, THE, THE AGREEMENT WAS THE WORDING IN, IN THE AGREEMENT STATED A LOT OF NO LESS THAN, UM, SO THE, LIKE, THE SIZE OF THE BUILDING, THE NUMBER OF FUELING STATIONS, UH, DISAGREEMENT.
AND SO WE HAVE, UH, CONSISTENCY AND, UH, THE ASSURANCE THAT, UM, WITH THE ITEMS THAT WE'VE CHANGED.
SO FIRST OF ALL, UM, THE BUILDING WILL BE NO MORE THAN 54,000 SQUARE FOOT SQUARE FEET.
UH, THERE WILL BE NO MORE THAN, UH, 100 FUELING STATIONS.
AND WHEN WE SAY FUELING STATIONS, WE MEAN THAT WHEN HUNDRED VEHICLES, UH, THERE WILL BE 100 SPOTS.
AND, UH, SO 100 CARS CAN COME THROUGH NO MORE THAN A HUNDRED FUELING STATIONS.
THEY'LL ALSO HAVE, UH, AT LEAST 26 ELECTRIC STATIONS ON SITE.
UH, 18 WHEELERS ARE PROHIBITED.
OTHER THAN THOSE THAT SERVICE THE STORE, THEY'RE CONFIRMING THAT THEY'LL HAVE AN AVERAGE DURING THE YEAR OF 200 JOBS.
THIS IS 30 MORE JOBS THAN WHAT WE WERE PROMISED TO BEGIN WITH.
AND THERE'LL BE MANY TIMES DURING THE YEAR THAT THERE WILL BE MORE THAN 200, UH, FOLKS WORKING AT THE STORE.
THE DEDICATED OPEN SPACE, UM, I DON'T REALLY THINK THIS EVEN REALLY EVEN EXISTED.
SO, UH, THEY'VE GOT NINE ACRES OF DEDICATED OPEN SPACE, UH, THAT IS
[01:30:01]
OUTSIDE THEIR PROPERTY.IT'S BETWEEN, UH, IT'S FROM THE BACK OF THEIR PROPERTY TO THE MINGO SPRINGS, UH, SUBDIVISION.
BUT THEN THEY ALSO HAVE A, A LARGE AREA THAT'S RIGHT BEHIND THE STORE.
AND SO YOU'RE LOOKING AT POTENTIALLY SOMEWHERE BETWEEN 13 AND 15 ACRES.
I I DON'T HAVE THE EXACT NUMBER, UH, BETWEEN YOUR STORE AND YOUR CLOSEST RESIDENCE.
WE HAVE A REDUCTION OF THE SIGN, UH, TO 60 FEET.
AND THIS IS, UH, CONTINGENT UPON THE BUCKY'S WADE NAMING.
SO WE'LL WORK WITH TXDOT TO GET THAT NAMING PUT IN PLACE.
AND THEN ALSO THERE WILL BE I 10 SIGNAGE, UH, THAT WE'LL WORK WITH THEM.
AND, UH, BUCKY'S IS COVERING THE COST OF THAT SIGNAGE.
THERE WILL BE AN EIGHT FOOT SECURITY FENCE ALONG BUCKY'S REAR PROPERTY LINE.
SO THAT FENCE WILL RUN, UH, ON THE EDGE OF WHERE THEIR PROPERTY ENDS.
AND THEN BEHIND THAT, YOU'LL HAVE THE NINE ACRES OF OPEN SPACE.
AND THEN, UH, YOU KNOW, THEIR NEAREST NEIGHBOR, UM, THEY'RE ALSO, UM, THEY'LL BE FUNDING THAT SECURITY FENCE.
UH, WE DO HAVE, THIS PROJECT IS GONNA CON CONTINUE WITH THE HAN ENHANCE LANDSCAPING AND PLANTING AREAS.
AND THEY'RE WORKING VERY CLOSELY WITH STAFF ON APPROVAL FOR THOSE.
UH, THERE IS A SITE LIGHTING PLAN THAT HAS, UH, DARK SKY COMPLIANT FIXTURES, AND THEN ALSO, UH, ALLEVIATES LIGHT TRESPASS FROM SURROUNDING PROPERTIES.
UH, THEY AGREED TO DO HVAC CONDENSATION, UH, THE CONDENSATE RECOVERY AND IRRIGATION SYSTEM.
AND WE THINK THAT THERE'S PROBABLY A REALLY GOOD CHANCE THAT, UM, THAT WATER WILL COVER ALL OF THEIR IRRIGATION NEEDS FOR THAT SITE.
AND, UH, SO THAT'S SIGNIFICANT CONSIDERING HOW MUCH A, A LARGE SITE LIKE THAT, HOW MUCH WATER IT CAN USE.
AND SPECIFICALLY WITH THE FACT THAT WE ARE, WE ARE SO FOCUSED ON USING RECLAIMED WATER AND, UH, AND BEING ABLE TO OFFSET AND NOT USE, UH, POTABLE WATER FOR IRRIGATION.
SOME OTHER ADDITIONS AND CLARIFICATIONS.
UH, SO THE ORIGINAL BUCKY'S AGREEMENT HAD ALWAYS INCORPORATED A, THAT WE KNEW THAT WE WOULD HAVE TO DO A, AN UPDATE ON THE UTILITY SINCE IT WAS, YOU KNOW, IT'S BEEN 10 YEARS ALMOST.
AND IT ALSO ALLOWED US, IN THE BEGINNING, THE CITY WAS GONNA CONSTRUCT THE UTILITIES, BUT IT ALLOWED US A CAVEAT THAT IF WE DECIDED THAT IT WOULD BE BETTER FOR, UH, THE, UH, DEVELOPER TO DO THAT, THAT WE COULD ASK THEM TO DO THAT.
AND WE DID THAT, UM, BACK IN LIKE 22, UH, 2022.
AND SO THIS AGREEMENT IS GOING TO INCORPORATE ALL OF OUR UTILITY UPDATES.
UH, BUCKY'S IS INSTALLING THE SEWER LINE AND CONSTRUCTING THE ROADWAY.
UH, THEY'RE PAYING FOR THE DESIGN OF BOTH OF THOSE.
AND THEN THE CITY WILL, UH, REIMBURSE THEM FOR THEIR CONSTRUCTION, WHICH IS PROBABLY GONNA BE FOR BOTH PROJECTS SOMEWHERE BETWEEN TWO AND TWO AND A HALF MILLION DOLLARS.
AND THAT WILL BE REIMBURSED TO THEM OVER FIVE YEARS.
SO THAT'S GOOD BECAUSE YOU DON'T HAVE TO COME UP WITH ALL THAT MONEY DURING ONE FISCAL YEAR.
AND, UH, THEN ALSO, UH, BUCKY, THEY'RE GOING TO BE DOING, UH, UNDERGROUND UTILITIES ALONG BUCKY'S WAY, AND THEY WILL BE, UH, RESPONSIBLE FOR THAT EXPENSE.
UM, THE THINGS THAT DID NOT CHANGE WITHIN THE AGREEMENT WERE THE, UH, SALES TAX ALLOCATION.
SO 50% OF THE SALES TAX THAT'S GENERATED FROM THEIR RETAIL LOCATION, UH, WILL BE REIMBURSED BACK TO THEM.
AND THEN THAT REBATE CONTINUES FOR 20 YEARS FROM THE DATE THAT THE RETAIL STORE OPENS TO THE PUBLIC.
AND THOSE ARE THE ITEMS, THE SPECIFIC ITEMS, UH, THAT, THAT ARE COVERED IN THE AGREEMENT.
UM, I KNOW THAT, THAT WE, MAYBE WE WANTED, UH, M**K TO COVER SOME ITEMS AND THEN, UH, COUNSEL TO, UH, MAKE SOME COMMENTS.
UH, WHAT WE'RE GONNA DO IS, UH, WE ALSO KNOW THAT THERE'S GONNA BE A FEW THINGS THAT WE'LL STILL NEED TO TWEAK.
AND SO WE'LL BE WORKING VERY CLOSELY, UH, WITH THE BUCKY'S FOLKS TO FINALIZE THOSE, INCLUDING, UH, SEVERAL EXHIBITS THAT WILL INCLUDE THE FINAL APPROVED PLANS, UH, THAT WILL, UH, FOLLOW EITHER THE 2019, UH, DEVELOPMENT REGULATIONS OR THE 2025 DEVELOPMENT REGULATIONS, DEPENDING UPON, UH, WHICH PIECE OF PROPERTY THAT IT'S ON.
CAN YOU ELABORATE JUST A LITTLE BIT MORE ON THE DARK SKIES OR HAVE STAFF JUST, JUST SO PEOPLE CAN UNDERSTAND THAT JUST A LITTLE BIT MORE? DEFINITELY.
I'LL PROBABLY GO AHEAD AND HAVE RYAN COME UP.
UM, MIKE, LET'S GO AHEAD AND, AND GO TO, UH, KEEP GOING AND I'LL, UH, NOT THAT ONE, THE NEXT ONE, PLEASE.
UH, WHAT I'D LIKE TO DO IS HAVE RYAN, JUST, JUST VERY BRIEFLY, UH, SO WHAT WE, THE WORDING IN THE, UH, AGREEMENT RIGHT NOW SAYS THAT THE, UH, THE, THE FIXTURES, THE LIGHTING FIXTURES WILL BE, UH, DARK SKY COMPLIANT AS WELL AS, UH, ALLEVIATING ANY KIND OF LIGHT TRESPASS.
[01:35:01]
STILL HAVE TO WORK WITH THEM SOME, BUT THEY'VE BEEN VERY AMENABLE TO WORKING WITH US ON, UH, GETTING DOWN TO THE SPECIFICS.AND I'D LIKE RYAN TO GO INTO SOME DETAIL ON THAT.
UM, THIS EXHIBIT IS THE FIRST SUBMITTAL OF THEIR ILLUMINATION DESIGN.
YOU'LL SEE THAT I CIRCLED SOME AREAS IN BLUE THAT WERE COMPLIANT ON THE FIRST SUBMITTAL, WHICH INCLUDED ALL THEIR FIXTURES BEING DOWN LIT, FULL CUTOFF, DARK SKY COMPLIANT LIGHTING FIXTURES.
AND IN THE LOWER RIGHT HAND CORNER, THE SMALL TABLE THERE SHOWS THAT THEIR KELVIN RATING MEETS THE 3000 KELVIN RATING, WHICH IS THE CURRENT MODERN, UH, MODERN DAY RECOMMENDED, UH, LIGHTING KELVIN LEVEL BY THE DARK SKY.
UM, ASSOCIATION AREAS THAT ARE CIRCLED IN ORANGE ARE THINGS THAT WE'RE WORKING ON.
THESE ARE SECTIONS WHERE WE'VE ASKED THEM TO MAKE REVISIONS AND WE SHOULD SEE THESE RESOLVED ON THE NEXT SUBMITTAL PROVIDED BY THEM.
UH, THE AREAS THAT YOU'RE SEEING CIRCLED MOSTLY ARE LOOKING AT OFFSITE LIGHT TRESPASS, AND THAT IS WHERE ON THE PHOTOMETRIC ANALYSIS, THE VALUES MEASURED IN FOOT CANDLES ARE EXCEEDING THE 0.00 LIMIT AS DEFINED BY THE ORDINANCE AT THE PROPERTY LINE.
THIS IS DUE TO THE FACT THAT THEIR POLE HEIGHTS EXCEED OUR CUTOFF LIMIT OF 20 FEET, AND THEY'RE SHOWN TO BE INSTALLED AT 27 FEET, AND THERE WASN'T SHIELDING INSTALLED ON SOME OF THESE LIGHT POLES.
SO ANY INTERIOR POLE MOUNTED LIGHT WITHIN THE PARKING LOT AREA SHOULD BE 20 FEET MAXIMUM.
THEY WERE SHOWN TO BE INSTALLED AT 27, AND ANY POLE MOUNTED LIGHT ON THE PERIMETER OF THE PROPERTY SHOULD BE 10 FEET MAXIMUM HEIGHT.
AND THEY WERE SHOWN TO BE AT 17 FEET, UH, WHICH IS THEIR STANDARD POLE HEIGHTS FOR, UH, THEIR PROPERTIES ACROSS THEIR ORGANIZATION ON ALL THEIR OTHER, UH, BUCKY'S LOCATIONS.
SO BY REDUCING THE POLE HEIGHTS, ADDING SOME SHIELDING, WE SHOULD SEE THESE OFFSITE LIGHT TRESPASS, UM, ISSUES, UH, RECTIFIED ON THE NEXT ROUND OF SUBMITTALS.
THE ONLY AREA WHERE WE MAY SEE A LITTLE BIT OF OFFSITE LIGHT TRESPASSES THAT THE ENTRANCE POINT OFF OF BUCKY'S WAY, BUT THAT'S GONNA BE WHERE WE'RE ALREADY LOOKING TO INSTALL A STREETLIGHT AT THAT POINT ON BUCKY'S WAY.
SO THAT'S JUST GONNA BE A LIT A, A PRETTY WELL LIT LOCATION FOR VEHICLES ENTERING THE SITE OFF THE OFF OF BUCKY'S WAY.
AND RYAN, THIS SITE WILL BE 2019, THEY'LL FOLLOW THE 2019 RULES, CORRECT? THIS, THIS PROJECT, THIS PORTION OF THE BUCKY'S PROJECT IS VESTED TO THE 2019 ORDINANCE.
AND WHAT, UH, WHERE THAT IS CONSIDERABLY DIFFERENT THAN OUR CURRENT 2025 APPENDIX DUDC DARK SKY ORDINANCE HAS TO DO WITH THE TOTAL LUMENS PER NET ACRE THAT ARE ALLOWED ON THE SITE.
AND THE 2019 ORDINANCE, THAT'S A 200 BECAUSE OUR, THAT ORDINANCE DEFINES DIFFERENT LIGHTING DISTRICTS.
THIS IS IN DISTRICT ONE, WHICH IS A COMMERCIAL PROPERTY ON I 10 THAT HAS A TOTAL MAXIMUM LUMENS PER NET ACRE VALUE OF 225,000 LUMENS IN OUR CURRENT ORDINANCE IS SIGNIFICANTLY LOWER AND IT'S MORE CATEGORIZED, CATEGORIZED BY ZONING CLASS, INDUSTRIAL, COMMERCIAL, AND RESIDENTIAL.
AND THAT GOES DOWN TO A 50,000 LUMEN PER NET ACRE.
BUT THIS, UH, PROJECT BEING SO LARGE WITH SO MUCH UNDEVELOPED PROPERTY NEXT TO IT, THEIR LUMEN PER NET ACRE VALUE SHOULD GET DOWN TO THAT BELOW THAT 2019 ORDINANCE LIMIT.
AND IN ADDITION, WE'RE ASKING THEM TO WORK WITH, UH, GUIDANCE RECOMMENDATIONS FROM THE ILLUMINATING ENGINEERING SOCIETY THAT ACTUALLY PROVIDES FOOT CANDLE RECOMMENDATIONS BASED ON USE.
SO THIS WOULD FALL UNDER, UH, PARKING LOT LIGHTING AND FUEL CANOPY LIGHTING.
SO WE WOULD BE ABLE TO SEE, WE'RE ASKING THEM TO BRING, TRY TO GET THEIR AVERAGE FOOT CANDLE VALUES DOWN TO THE RECOMMENDED CURRENT RECOMMENDED LEVELS.
AND THERE IS A, THE STATEMENT ON OUR ORDINANCE THAT THAT, UM, ALLOWS US TO WORK WITH A, WITH AN APPLICANT TO GET THOSE LIGHTING LEVELS DOWN, UH, WHICH WILL, WHICH WILL HAVE IN TURN HAVE A, UM, REDUCTION IN THAT TOTAL LUMEN PERNET ACRE REQUIREMENT.
AND RYAN, YOU FEEL VERY CON UM, CONFIDENT THAT OUTSIDE THAT ONE SECTION TOWARDS THE INTERSTATE, THERE WON'T BE ANY LIGHT TRESPASS, CORRECT? I DO.
WE'VE WORKED WITH OTHER COMMERCIAL PROPERTIES.
THEY'VE RUN INTO THE SAME EXACT SITUATION ON THEIR FIRST SUBMITTAL AND THROUGH, UM, SHIELDING OF THEIR LIGHTING OR REORIENTING THE LIGHT, THEN THEY'VE BEEN ABLE TO ELIMINATE THE, TO GET TO 0.00 ON THE, ON THE PROPERTY LINES.
UH, IN SOME CASES WE'VE HAD TO, YOU KNOW, PHYSICALLY MOVE THE LOCATION OF THE LIGHT 10 20 FEET ONE WAY OR THE OTHER, JUST TO, UH, ELIMINATE THAT, ELIMINATE THAT OFFSITE LIGHT TRESPASS.
SO THEY SHOULD NOT HAVE ANY ISSUES BEING ABLE TO GET US DOWN TO A 0.00 AT THE PROPERTY LINE.
AND THEN THE NEW PARKING LOT WILL 100% BE 2025? THAT IS CORRECT.
UH, THE NEXT, THE NEXT, UM, SLIDE ACTUALLY SHOWS THE, THE PARK, THE SECOND PARKING LOT OR THE OVERFLOW PARKING LOT THERE, IF THAT'S WHAT WE'RE REFERRING TO IT AS.
YEAH, ADDITIONAL PARKING, STAFF PARKING.
AND THIS FOLLOWS OUR CURRENT UDC, UH, APPENDIX D DARK SKY REGULATIONS.
THEY HAD THE SAME POLE HEIGHT ISSUES.
AND SO BY REDUCING THE POLE HEIGHTS, THEY SHOULD HAVE NO PROBLEM GETTING NO OFFSITE LIGHT TRESPASS ON THIS SECTION OF THEIR PROJECT.
ANYONE ELSE? WELL, I JUST WANT TO MAKE, UH, YOU KNOW, WE'VE HAD A, WE'VE HEARD A LOT OF COMMENTS ABOUT, UH, WHETHER THE RIGHTS ARE VESTED AND THE PROJECT'S GONE DOORMAN AND THE PROJECT SUBSTANTIALLY CHANGED AND, UH, ESPECIALLY WITH COMMERCIAL PROJECTS.
CAN YOU JUST SPEAK TO US ABOUT WHAT, WHAT CAUSES A, A SUBSTANTIAL CHANGE OR WHAT THE STATE SAYS? OH, SURE.
[01:40:01]
I, I CONSTITU I'LL TRY TO ADDRESS THAT QUESTION.THE STATE STATUTE ON VESTING OF, OF RIGHTS IN CERTAIN REGULATIONS IS CHAPTER 2 45 OF THE LOCAL GOVERNMENT CODE.
AND IT APPLIES TO A PROJECT SO THAT IF YOU BEGIN A PROJECT AND OBTAIN A, OR PRESENT A COMPLETE APPLICATION FOR PERMIT, THE FIRST PERMIT IN A SERIES OF PERMITS, THAT'S THE DATE THAT THE DEVELOPMENT REGULATIONS WITH JUST A FEW EXCEPTIONS, UH, APPLY IN THIS CASE.
UH, THE DEVELOPMENT AGREEMENT ITSELF IS NOT A PERMIT.
HOWEVER, ANY PLAT, UH, BASICALLY ANY KIND OF PLAT A DEVELOPMENT PLAT, A PRELIMINARY PLAT OR ANY OTHER TYPE OF PERMIT, UH, DOES START THE CLOCK RUNNING FOR THE VESTING.
IN THIS CASE, THAT WAS A PLAT APPLICATION FILED FOR THIS PROJECT IN 2019.
UH, THAT PROJECT HAS CONTINUED AND PROGRESS HAS BEEN MADE THROUGHOUT, UH, THE INTERVENING YEARS.
UH, SO IT HAS NOT BEEN ABANDONED, IT'S STILL THE SAME PROJECT.
IMPORTANTLY, UH, UNDER THE STATUTE I MENTIONED TEXAS COURTS HAVE TREATED COMMERCIAL PROJECTS A LITTLE DIFFERENTLY THAN RETAIL R RESIDENTIAL PROJECTS IN THAT A COMMERCIAL PROJECT ONCE IT VESTS CAN CHANGE SCOPE, SIZE, USE, AND IT STILL REMAINS THE SAME PROJECT BECAUSE IT'S GENERALLY IN THE CATEGORY OF A COMMERCIAL PROJECT.
AND THAT'S THIS PARTICULAR, UH, PROJECT APPEARS TO BE THE SAME COMMERCIAL PROJECT THAT BEGAN FROM WHEN YOU LOOK AT IT FROM THAT STANDPOINT.
SO IT HASN'T CHANGED FOR PURPOSES OF THE VESTING STATUTE.
UM, SO 2019, THE DATE OF THAT PLAT IS WHEN OUR REGULATIONS APPLY.
OF COURSE, THE DEVELOPER CAN CHOOSE TO COMPLY WITH LATER REGULATIONS, AND THAT'S HAPPENED IN THIS CASE.
THEY'VE, UH, THEY'VE CHOSEN TO COMPLY WITH A LOT OF OUR MORE RECENT REGULATIONS, BUT THE MANDATORY REGULATIONS ON THIS PROJECT CLEARLY FLOW FROM A LEGAL STANDPOINT UNDER TEXAS VESTING LAW FROM THE 2019 PLAT.
ANY OTHER QUESTIONS ABOUT THAT? I'D BE HAPPY TO TRY TO ANSWER.
MAYOR, CAN I MAKE A COMMENT ON THE, THE WATER USAGE CONCERN? UM, I THINK IT WAS LAST MONTH, THE CITY MANAGER THATCHER MENTIONED THAT, YOU KNOW, WE HAVE A, A WATER PLAN, UM, THAT WE HAVE, UH, ENOUGH WATER RESOURCES THAT INCLUDED, UH, LARGE COMMERCIAL, UH, APPLICATIONS AS, AS WELL AS A 4% RESIDENTIAL TYPE GROWTH, UM, THAT WE HAVE, THAT WE HAVE ENOUGH WATER FOR THE NEXT 50 TO 70 YEARS.
YOU MENTIONED, I BELIEVE LAST TIME, UM, AND I MENTIONED EARLIER, VISITING THE WATER TREATMENT PLANT.
UH, AND THAT PLANT IS MORE THAN CAPABLE TO HANDLE, UH, THE BUCKY'S UM, WASTEWATER.
AND THE GOOD THING ABOUT THAT IS WE WILL REDUCE THE POTABLE WATER NEEDED THROUGHOUT THE CITY BY USING SOME OF THAT RECYCLED WATER.
UH, SO THAT'S A GOOD THING AS WELL.
COUNCILMAN OL, I WAS JUST WONDERING IF, UM, 'CAUSE ONE OTHER THING THAT CAME UP A LOT WAS THE TRAFFIC IMPACT.
SO I DIDN'T KNOW IF, IF YOU, CHRISTIE, IF YOU WANTED TO HAVE SOMEONE FROM STAFF COME UP, JUST TO GIVE LIKE A QUICK KIND OF SUMMARY OF WHERE WE ARE WITH THE TIA AND UM, JUST SO THE PUBLIC COULD KINDA UNDERSTAND IF THAT'S OKAY.
I'M GONNA ASK DIRECTOR CAROL TO COME UP AND UH, MIKE IF WE'LL GO AHEAD ONE SLIDE PLEASE.
UM, SO WE STAFF AND OUR TRAFFIC CONSULTANT HAVE BEEN WORKING WITH THE BUCKY'S TEAM.
UM, SO WE ACTUALLY PROVIDED ADDITIONAL COMMENTS BACK TO THEM LAST WEEK.
UM, SO WE ARE EXPECTING NEW COMMENTS FROM THEM RATHER QUICKLY.
UM, FOR THE TIA, THEY'RE GETTING VERY CLOSE.
THEY HAVE JUST SOME MINOR, EXCUSE ME, SOME MINOR MODIFICATIONS TO THE MODEL.
UM, SO ALL OF THIS IS IN A TRAFFIC MODEL.
IT'S A PROGRAM CALLED SYNCHRO.
UM, AND I CAN PROVIDE VIDEOS OF CARS MOVING AND EVERYTHING LIKE THAT IF YOU'D LIKE.
UM, BUT IN REALITY MOST OF THE MAJOR IMPROVEMENTS FOR THE PROJECT HAVE ALREADY BEEN BUILT.
UM, WHEN TDOT CAME IN AND BUILT THE INTERSTATE SYSTEM, UM, AND THEY IMPROVED IT RECENTLY WITH THE BRIDGES HERE, UM, THEY'VE IMPROVED THIS BRIDGE LOCATION KNOWING THAT BUCKY'S WAS GOING.
UM, SO IF YOU REALLY LOOK AT THE NUMBER OF LANES, UH, THE TWO U-TURN LANES, THE NUMBER OF LANES ON THE FRONTAGE ROAD, UM, THIS LOCATION HAS SIGNIFICANTLY MORE CAPACITY FOR ROADWAY AND TRAVEL THAN EVEN OUR, UH, LOCATION AT BANDERA AND 16, OH SORRY, BANDERA AND I 10, WHERE THE HEB AND THE CHILIES AND ALL THAT IS.
SO THERE'S A LOT MORE CAPACITY AT THIS LOCATION IF YOU DRIVE
[01:45:01]
IT TODAY, FOR THE MOST PART IT'S PRETTY EMPTY.UM, AND THAT HAS TO DO WITH THAT EXCESS CAPACITY THAT'S AT THIS LOCATION TODAY.
UM, SO WE'LL JUST CONTINUE TO WORK THROUGH THEIR CONSULTANT AND GET THIS RESOLVED.
UM, THE TWO OR THREE THINGS THAT WE'RE STILL CONTINUING TO WORK IN IS THE MODEL AND HOW MUCH SKEWING IS HAPPENING ON THE BRIDGE ITSELF.
AND THAT'S JUST HOW, IT'S A LITTLE SETTINGS THAT THEY NEED TO PUT IN THE MODEL TO GET IT TO BE HOW TXDOT WOULD ACTUALLY OPERATE THE SIGNALS.
AND THEN WE'RE WORKING THROUGH THE, THE DESAL LANES FOR THE TWO DRIVEWAYS THEMSELVES.
UH, AND WHAT WE'RE REALLY LOOKING AT IS THE, THE DIFFERENT DRIVEWAYS FOR THE SITE.
AS YOU CAN SEE THE GRAY KIND OF BACKGROUND SITE.
THERE'S, IF YOU'RE GOING FROM LEFT TO RIGHT, WE KIND OF HAVE THE FIRST DRIVEWAY THAT'S A, ON THE ONE WAY FRONTAGE ROAD, THE CARS CAN COME IN OR THEY COULD ALSO COME OUT AND THEN MAKE THE U-TURN TO KIND OF HEAD BACK TO, I'M GONNA SAY THE EL PASO WAY 'CAUSE THAT'S WHAT THE SIGNS SAY OUT ON THE INTERSTATE BACK TOWARDS KERRVILLE COMFORT.
UM, BUT THEN WE ALSO, ON BUCKY'S WAY ITSELF, WE'LL HAVE AN ENTRANCE ONLY AS YOU GO THROUGH THE INTERSECTION.
UM, BUT THEN AT THE VERY FAR RIGHT THERE'LL BE A INTERSECTION THERE AS WELL TO GET INTO THE DRIVEWAY.
AND YOU CAN SEE THEY HAVE A PRIVATE DRIVEWAY THAT GOES ACROSS BUCKY'S WAY AND THEN GOES UP BACK UP TO THE FRONTAGE ROAD THAT GOES TO THAT STAFF PARKING AREA.
SO THAT'S NOT A ROAD IN THE SENSE THAT'S A PRIVATE DRIVEWAY, BUT THEY'LL ALSO BE ABLE TO HAVE CARS COME IN AND OUT OF THAT DRIVEWAY, EXIT ONTO THE FRONTAGE ROAD AT THAT LOCATION.
SO EXISTING RIGHT NOW THERE'S ONLY FOUR LANES THAT ARE ON THAT BRIDGE, BUT IT'S DESIGNED FOR US TO OPEN UP TWO MORE LANES TO GET US SIX LANES CROSS TRAFFIC ON THAT, THAT BRIDGE AT BUSINESS 87, CORRECT? CORRECT.
IF YOU'RE COMING FROM DOWNTOWN BERNIE NOW TRYING TO GO TO SAN ANTONIO, THAT LEFT MOST LANE IS BLOCKED, NOT PAINTED OFF AND THEY'RE NOT USING IT TODAY.
UM, SO THAT'S ALL THAT REALLY THEY NEED TO DO IS THEY'LL NEED TO DO RES STRIPING OF A COUPLE LANES TO WHEN THE ROAD GOES FROM A T INTERSECTION TO A FOUR-WAY INTERSECTION.
JEFF, THE DECELERATION LANE THAT'S COMING ON THE I 10 SERVICE ROAD EAST AS YOU'RE COMING FROM 46 TOWARD 87, THAT'S SUPPOSED TO BE HOW LONG, WHEN THEY PUT IT IN FROM MEMORY, WHAT THEIR TRAFFIC STUDY IS SHOWING TODAY IS 350 FEET IS WHAT THEY'RE, AND THAT'S A TWO FOR 30 PLUS CARS ROUGHLY? CORRECT.
OKAY, SO THAT'S THE DECELERATION LANE TO GET INTO THE PARKING LOT AT THAT ONE LO ONE ENTRANCE? CORRECT.
SO THOSE FOLKS WOULD BE OUT OF THE MAIN LANE TO TRAFFIC.
AND THERE'S FOUR LANES ON THAT FRONT, CORRECT.
AT THAT LOCATION THERE'S FOUR LANES IN THE FRONT END ROAD, SO THAT WOULD BE FOUR LANES PLUS A DECELERATION LANE, CORRECT? CORRECT.
SO THOSE FOLKS, YOU'D STILL HAVE FOUR LANES PAST THE DECELERATION LANE.
THEY WOULDN'T BE TAKING UP A SPOT THERE.
I JUST WANTED TO CLARIFY THAT.
AND JEFF, ONE LAST THING ON THE, ON THE FUELING POSITIONS WE TALKED ABOUT, UM, THE FACT THAT UH, THESE WERE THE PRELIMINARY NUMBERS THAT THEY INCLUDED ON THEIR TIA, YOU'RE CORRECT.
UH, BUT THE, UH, NUMBERS THAT ARE IN THE AGREEMENT, WHICH IS A HUNDRED, UH, FUELING EITHER GASOLINE OR DIESEL FUELING STATIONS, THEN 26, AT LEAST 26, UM, ELECTRIC STATIONS IS WHAT THEY'LL ACTUALLY HAVE, CORRECT? THAT'S CORRECT, YEAH.
THEY'RE NOT, THEY CAN'T EXCEED THAT.
CAN WE, CAN WE CLARIFY FOR THE PUBLIC? 'CAUSE THIS HAS BEEN A SOURCE OF CONFUSION.
A FUELING STATION IS WHERE A CAR PARKS TO PUT GAS IN THEIR CAR.
SO IF YOU'RE AT HEB RIGHT NOW AND YOU PULL UP TO ONE OF THE ISLANDS, THERE ARE TWO PUMPS IN THOSE ISLANDS.
EACH SIDE OF THOSE PUMP IS A FUELING STATION.
THIS AGREEMENT SAYS THERE WILL BE 100 FUELING STATIONS.
THAT'S 50 PUMPS, NOT 140 PUMPS, NOT A HUNDRED PUMPS, IT'S 50 PUMPS.
AND I BELIEVE THEY WILL HAVE TWO PUMPS PER ISLAND OR THEREABOUT.
SO IT'S NOT A SMALL NUMBER, BUT I THINK THERE'S BEEN A LOT OF CONFUSION, UH, 'CAUSE PEOPLE HAVE TOLD ME, WELL, THERE'S GONNA BE 140 PUMPS.
I SAID, WELL, IT'S 140 PUMPS, IT'S 280 FUELING STATIONS.
I DON'T THINK THAT'S CORRECT AND IT'S NOT CORRECT.
UH, AND THEY HAVE INCREASED THE NUMBER OF EV CHARGING STATIONS, WHICH IS A GOOD THING.
AND THEY'VE AGREED TO PERHAPS INCREASE THAT MORE IF NEED BE.
AND WE CAN TWEAK THAT GOING FORWARD IF, IF GASOLINE DEMAND DOES GO DOWN, WHICH IT MAY OR MAY NOT IN 10 YEARS, WHO KNOWS? THEY, THEY CAN, YOU KNOW, CHANGE SOME OF THOSE THINGS.
BUT THERE'S ONLY A HUNDRED FUELING STATIONS FOR GASOLINE AND THAT'S LOCKED DOWN.
THERE'S NOT NUMBER NOT GONNA CHANGE.
THERE'S NOT A MINIMUM AND THAT'S IT.
WELL, AND ALSO THAT WAS, UH, VERY, THE BENEFICIAL PART OF CHANGING THE LANGUAGE.
UH, THE ORIGINAL AGREEMENT WOULD SAY AT LEAST A CERTAIN NUMBER.
UH, IT'S, IT'S SET IN SET IN STONE.
ALRIGHT, ANY OTHER QUESTIONS FOR COMMENTS? ALL RIGHT,
IF ANYONE WOULD LIKE TO COME FORWARD AND SPEAK ON, UH, THE DEVELOPMENTS THAT WE'VE JUST STATED TO THE AGREEMENT, PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES TO, TO SPEAK ON THE CHANGES THAT WE'VE MADE TO THE DEVELOPMENT AGREEMENT.
[01:50:04]
DO I GET THE T-SHIRT FOR SAYING LIKE,UM, AND I APPRECIATE THE TIME AND THANK YOU FOR Y'ALL'S EFFORTS.
OBVIOUSLY THAT IS DRAMATIC CHANGES AND HUGE IMPROVEMENT, SO THANK YOU VERY MUCH.
UM, I WOULD ASK SOME OTHER THINGS TO JUST CONSIDER WOULD BE, CONTINUE TO REALLY DIVE INTO THAT TRAFFIC STUDY.
I THINK THAT YOU SAID YOU ARE DIVING INTO IT AND FURTHER RESEARCH.
UM, I WAS RECENTLY AT A BUCK'S IN ANOTHER STATE, UH, IN TENNESSEE.
UM, IT TOOK US 20 MINUTES TO EXIT THE BUCKY'S PARKING LOT.
WE WENT DIFFERENT WAYS TRYING TO FIGURE OUT HOW TO GET AROUND IT.
UM, AND THE LINE, WE FINALLY, WHAT WE DID WAS WE NEEDED TO BE TURNING RIGHT.
WE FINALLY WENT A DIFFERENT WAY, TURNED LEFT, WENT WAY DOWN THE STREET, MADE A U-TURN, AND THEN STILL HAD TO SIT IN THE TRAFFIC JUST TO GET BACK GOING THE WAY WE NEEDED TO GO.
SO I'M TELLING YOU GUYS, PEOPLE TRAVEL NEAR AND FAR FOR BUCKY'S
I GUESS THAT'S A PLUS, OR BERNIE IN SOME CAPACITY, BUT ALSO NOT A PLUS IN OTHER WAYS.
I THINK THE TRAFFIC IS GONNA BE INSANE.
PLEASE DO EVERYTHING POSSIBLE TO LOOK INTO THAT OR CONTINUE DO EVERYTHING POSSIBLE TO LOOK INTO THAT IS, IT'S NOT FAIR TO THE MINGER SPRINGS RESIDENTS.
IT'S NOT FAIR TO ANYONE IN THE CITY OF BERNIE.
UH, THE HOSPITALS, THE, UH, MORNINGSIDE MINISTRIES, ALL THE PLACES THERE.
THEY NEED TO BE ABLE TO COME AND GO WITHOUT HAVING TO SIT IN IN TRAFFIC LIKE THAT.
I OBVIOUSLY THINK THAT, YOU KNOW, DECELERATION LANE, HAVING FOUR LANES PLUS THE TWO UNIT U-TURNS WILL BE GREAT.
AND I AGREE IF YOU TRAVEL THAT SPOT NOW, IT'S VERY MINIMAL.
I'M, I'M HARDLY, I, THERE'S RARELY ANOTHER CAR SITTING NEXT TO ME AT THAT LIGHT, BUT IT WON'T BE THAT WAY WHEN BUCKY'S IS HERE.
SO JUST PLEASE CONTINUE TO LOOK INTO THAT.
UM, DARK SKY, IT SOUNDS LIKE IT'S GONNA BE PRETTY WELL MET.
SO THAT'S AN AWESOME IMPROVEMENT AND CONTINUE TO PLEASE, UH, LOOK INTO THAT.
I WOULD ASK FOR A SIGNAGE THAT'S UP AND DOWN I 10 TO BE MINIMAL.
WE DON'T NEED SIGNAGE EVERY SO OFTEN,
THAT'S JUST MY OPINION, BUT I THINK OTHERS WOULD AGREE.
UM, THERE WAS SOMETHING ELSE I WAS GONNA ASK.
UM, THE TRAFFIC, UH, DARK SKIES, UH, SIGNAGE, UM, OH, A HUNDRED PUMPS.
WHEN IT SAYS IT CAN GO UP TO ONE 40 OR MORE.
PERSONALLY, I'D LIKE IT TO BE LOWER.
UM, I WOULD THINK HONESTLY OTHER PEOPLE WOULD AGREE.
IF THERE'S ANY WAY, CAN IT BE LOWER? THERE'S A SMALL BUCKY'S THAT'S SOMEWHERE BETWEEN, UM, COLLEGE STATION AND HERE.
I CAN'T REMEMBER WHAT TOWN IT WAS, BUT IT'S, IT'S A SMALL LITTLE FOOTPRINT.
IT COULD STILL BE BUCKY'S, IT COULD STILL BE 60 PUMPS, 70 PUMPS, JUST SOMETHING LOWER.
THAT WOULD BE MY REQUEST IF POSSIBLE.
ALRIGHT, ELSE? ANYONE ELSE? NO.
WE WILL CLOSE THE PUBLIC COMMENTS AND RECONVENE IN IN OPEN SESSION.
UM, ANY OTHER COMMENTS FROM COUNCIL BEFORE WE ASK FOR A MOTION? YES, I WOULD LIKE TO COMMENT.
UM, I HAVE LIVED WITH THIS PROJECT FOR A DECADE.
I'VE LIVED IN MAN SPRINGS FOR 20 YEARS, UH, LONGER THAN ANYBODY THAT'S THERE RIGHT NOW.
UH, WHEN I MOVED THERE, THERE WERE FOUR HOUSES.
I DIDN'T KNOW BUCKY'S WAS EVER GONNA COME.
I KNEW WE WERE NEAR I 10, SO I KNEW SOMETHING WAS GONNA HAPPEN.
I FOUND OUT ABOUT BUCKY'S IN 2017 WHEN THERE WAS A SIGN REQUEST FOR THE COUNCIL.
I CAME IN DOWN THERE AND DID ALL MY SHENANIGANS SPEAKING VERY AGGRESSIVELY AND GOT TALKED INTO RUNNING FOR COUNCIL.
AND PART OF THE REASON I RAN FOR COUNCIL WAS BECAUSE OF BUCKY'S.
BUT I WAS ALSO AWARE AS A FAIRLY SEASONED PERSON IN LIFE THAT IT WAS NOT LIKELY THAT WE WOULD GET RID OF BUCKY'S 'CAUSE THERE WAS A LEGAL AGREEMENT ALREADY IN PLACE.
SO I RAN TO DO WHAT I COULD DO TO MODIFY THAT AGREEMENT, AND MOST IMPORTANTLY, TO CHANGE THE CITY PROCESSES GOING FORWARD.
AND I AM PROUD OF THE ACTIVE WORK THAT I HAVE DONE ALONG WITH COUNCILMAN WILLISON AND OTHERS AND PREVIOUS COUNCILS AND MAYORS.
UH, THE OVERLAY DISTRICTS ARE DIFFERENT.
THE LANDSCAPE REQUIREMENTS ARE DIFFERENT.
THE, THE IRRIGATION REQUIRE, I MEAN, SO MANY THINGS ARE DIFFERENT THAT WE CHANGED THAT WOULD PREVENT THIS FROM HAPPENING AGAIN.
IF THIS AGREEMENT HAD COME FORWARD TODAY, ALL OF THESE ISSUES WOULD'VE BEEN NEGOTIATED ON THE FRONT END WHEN THE CITY HAD LEVERAGED WITH THE TAX REBATE REQUEST,
[01:55:01]
THEY WERE NOT DONE THAT WAY.SO WE WERE DEALT A HAND THAT WE HAD TO DEAL WITH.
EVERY ITEM THAT HAS BEEN BROUGHT UP BY THE CITIZENS RECENTLY ACTIVATED BY BUCKY'S OVER THE LAST YEAR, WHATEVER OR LESS I'VE DEALT WITH FOR, FOR MANY YEARS AS A CITIZEN AND AS A, UH, ELECTED OFFICIAL.
EVERY ITEM ON THIS LIST ARE THINGS THAT I HAVE REPEATEDLY, REPEATEDLY, REPEATEDLY BROUGHT UP TO CITY ADMINISTRATION STAFF, CITY MANAGEMENT, CITY ATTORNEY, OTHER CITY COUNCIL MEMBERS, MAYOR, AND DIRECTLY TO BUCKYS, MOST OFTEN VERBALLY BY PHONE CONVERSATION OR TEXT MESSAGE, OCCASIONALLY BY EMAIL.
THERE'S NOTHING ON THIS LIST THAT I HAVE NOT DISCUSSED WITH BUCKY'S.
AND THERE ARE SOME THINGS NOT ON THIS LIST THAT THEY WILL NOT HAVE TO DO THAT THEY WILL NOT AGREE TO.
BUT THEY HAVE ALSO BEEN DISCUSSED REPEATEDLY WITH BUCKY'S.
SO THIS COUNCIL HAS DONE, IN MY VIEW, AN OUTSTANDING JOB OF WORKING WITH A VERY LARGE ENTERPRISE, THAT WHETHER WE LIKE IT OR NOT, IS A TEXAS ICON.
IT PRODUCES TENS OF MILLIONS OF DOLLARS FOR THE STATE OF TEXAS IN SALES AND PROPERTY TAX REVENUE ACROSS THE STATE FOR COUNTY, CITY SCHOOL DISTRICTS IN THE STATE.
THERE'S NO BOARD OF DIRECTORS, THERE'S NO SHAREHOLDERS.
THERE'S A KING, MR. BUCKY, MR. APLIN.
AND HE AND HE ALONE DECIDES WHAT HE WILL OR WILL NOT AGREE TO DO.
SO IN THAT CONTEXT IS HOW WE'VE HAD TO WORK WITH THIS AGREEMENT.
AND I'VE TRIED TO EXPLAIN TO MY NEIGHBORS, MY CONSTITUENTS, I HAVE HAD THIS EXPERIENCE BEFORE IN MY LIFE.
IT'S NOT THE FIRST TIME I'VE DEALT WITH SOMEONE WHO IS UBER RICH, WHO OWNED SOMETHING ONLY BY THEMSELVES.
AND IT TAKES A CERTAIN APPROACH TO DO IT.
AND THAT'S THE APPROACH I DID, AND THE APPROACH I'VE TAKEN, THE APPROACH THE CITY HAS TAKEN, AND IT HAS PAID OFF.
NOW, I KNOW THAT THERE ARE PEOPLE OUT THERE WHO ARE GONNA SAY TOMORROW, WELL, THIS IS A FAILURE BECAUSE BUCKY'S IS NOT SELLING THEIR LAND AND THEY'RE NOT MOVING.
THEY'VE BEEN WORKING ON THIS PROJECT, WHETHER PEOPLE LIKE IT OR NOT, FOR 10 YEARS, THEY AIN'T MOVING.
OUR CITY ATTORNEY CAN'T MAKE A MOVE.
SO WE HAVE GOT A DEAL HERE THAT IS TOTALLY DIFFERENT THAN WHAT WAS ACHIEVED IN 2016.
NOW, I WANNA MAKE ONE OTHER COMMENT.
PEOPLE HAVE CONTINUALLY TALKED ABOUT THESE PAD SITES.
I AM THRILLED THE PAD SITES ARE GONE.
WHY CAN YOU IMAGINE THIS? BUCKY'S, EVEN WITH ALL THESE CONCESSIONS, IF WE WERE GONNA HAVE A CHICK-FIL-A AND A TEXAS ROADHOUSE AND A WILLY'S ICE HOUSE, AND GOD KNOWS WHAT ELSE WITH SIGNAGE AND PARKING AND TRAFFIC ON TOP OF BUCKY'S, I THINK IT WOULD BE A DISASTER.
SO YES, WE ARE LOSING THOSE PAD SITES.
BUT HERE'S THE OTHER CAVEAT, THE PROJECTION FOR REVENUE THAT BUCKY'S GAVE THE CITY 10 YEARS AGO IS DOUBLE NOW.
SO WE'RE NOT LOSING ANYTHING FINANCIALLY FOR THOSE WHO ARE TRYING TO MAKE THAT.
I'M NOT SAYING THAT'S AN ARGUMENT I WOULD MAKE.
I'M JUST SAYING PEOPLE HAVE MADE THAT ARGUMENT.
WE'RE NOT LOSING ANYTHING ON THAT REGARD.
SO I, I THINK ALL THINGS CONSIDERED BUCKY'S HAS DONE MORE THAN I EVER IMAGINED, FRANKLY, THEY WOULD
AND WHEN THEY LOWERED THE SIGN TO 60 FEET, ALTHOUGH I CONTINUED MAYOR, YOU WERE ON THE CALL WITH ME.
WHAT'S THE FIRST THING I SAID? CAN I HEAR 40 FEET? CAN I HEAR 40 FEET? AND MY BUCKY'S COUNTERPART SAID, THIS IS MY, I'M DONE NEGOTIATING FACE ON THE ZOOM CALL.
SO WE GOT EVERYTHING THAT WE COULD REASONABLY GET, AND WE ARE GOING TO CONTINUE TO TWEAK.
THERE ARE CERTAIN THINGS THAT STILL ARE IN PROCESS.
AND TO THE CO THE FOLKS OUT THERE WHO SAY THAT THEY'RE GETTING A A FREE RIDE, THEY'RE GETTING PERMITTING, UH, EXCEPTIONS, THEY'RE GETTING NO EXCEPTIONS TO ANYTHING THEY HAVE TO FOLLOW EVERY PERMITTING PROCESS AND ANY OTHER BUSINESS DOES.
I MEAN, THE LIGHTING PLAN, THAT'S A PERMITTING PROCESS.
THEY HAVE TO GET A PERMIT FROM THE CITY FOR THE LIGHTING.
SO WE HAVE TO AGREE TO WHATEVER RYAN WORKS OUT WITH THEM IN THE FINAL ANALYSIS TO AGREE TO THAT PERMIT, OR THEY CAN'T MOVE FORWARD WITH THAT.
SO THEY'RE NOT GETTING A PASS ON ANYTHING.
TIA IS THE SAME WAY UNTIL WE'RE SATISFIED.
NOW, IS IT GONNA SATISFY EVERYBODY WHO'S OPPOSED TO THE PROJECT? NO, IT WILL NOT.
AND I, I, I CAN'T DO ANYTHING ABOUT THAT.
THIS IS PART OF LOCAL GOVERNMENT THAT I THINK PEOPLE DON'T UNDERSTAND.
I HAVE MET REPEATEDLY, REPEATEDLY PUBLICLY IN PRIVATE HOMES, TELEPHONE CONVERSATIONS, MAYOR, MULTIPLE STAFF MEMBER HERE IN THE CITY HALL.
WE HAVE A MEETING NEXT WEEK WITH CONSTITUENTS.
BEEN OPEN TO ANY CONVERSATION, NOTHING'S HIDDEN.
WE CANNOT DISCUSS LEGAL MATTERS THAT ARE IN THE PROCESS UNTIL THEY'VE BEEN VETTED PROPERLY.
BUT THE PUBLIC HAS BEEN ABLE TO HEAR EVERYTHING.
NOW TONIGHT, I'LL SAY, I'LL SAY CANDIDLY, TONIGHT, WE HAD A LOT OF PEOPLE HERE AND THEY KNEW WE MIGHT TAKE ACTION.
I APPRECIATE YOU GUYS STAYING.
WHERE'S EVERYBODY ELSE? THEY'VE BEEN SO CONCERNED, BUT
[02:00:01]
THEY WENT HOME.THEY MI THEY MISSED, THEY MISSED THE FOURTH QUARTER HAIL MARY.
YOU KNOW WHAT I MEAN? IT'S LIKE, GUYS, WE'RE STILL HERE.
SO I JUST WANT TO SAY THANK YOU TO THE MAYOR, TO THE FELLOW MEMBERS OF THE COUNCIL CITY STAFF IN PARTICULAR, OUR ATTORNEY, OUR, OUR, UH, DEPARTMENT HEADS.
THIS HAS BEEN A VERY HARD SITUATION TO WORK THROUGH.
AND WE DIDN'T JUST START IT BECAUSE PEOPLE GOT AGGRAVATED THE LAST 90 DAYS, RIGHT? THIS HAS BEEN GOING ON FOR YEARS.
IT'S JUST THAT BUCKY'S IS NOW IN A POSITION TO MOVE FORWARD WITH ACTUAL CONSTRUCTION.
SO THINGS ARE HAPPENING, AND SO NATURALLY THINGS ARE HAPPENING.
THE PUBLIC'S LIKE, OH, SOMETHING'S HAPPENING.
SO ANYWAY, I WANNA THANK YOU ALL AND, UM, THAT'S ALL I GOTTA SAY.
ANY OTHER COUNCIL MEMBERS? I WOULD JUST LIKE TO KINDA ADD WHAT DR.
YOU KNOW, I THINK, UM, THERE'S BEEN A LOT OF INFORMATION THAT'S BEEN MISUNDERSTOOD OUT THERE.
A LOT OF PEOPLE HAVE COME UP AND WE'VE BEEN LISTENING TO EVERY SINGLE PERSON THAT'S COME UP THE LAST FIVE COUNCIL MEETINGS, UM, TAKING IT TO HEART, YOU KNOW, WE WEREN'T NOT ALLOWED TO COMMENT ON THEM BECAUSE IT WASN'T ON THE AGENDA.
BUT I THINK REALLY WHAT IT BOILS DOWN TO IS WHAT BUCKY'S HAD AGREEMENT.
AND THEY DON'T, THEY DID NOT COME TO US FOR ANYTHING.
THIS IS SOMETHING THAT I THINK WE REALLY NEED TO THINK.
I THINK DR. MACK HAS PUT IN COUNTLESS HOURS TO GET THESE CONCESSIONS THAT BUCKY'S DID NOT HAVE TO GIVE US TO MOVE FORWARD.
UM, THAT, THAT OLD AGREEMENTS IN EFFECT, THE 2019 CODES ARE IN EFFECT.
BUCKY'S CAN MOVE FORWARD AND HAVE TO MEET THE, THEY HAVE TO MEET THE TIA AND THEY HAVE TO MEET THE, THE, THE, THE CODES IN PLACE IN 2019.
BUT THEY DID NOT HAVE TO GIVE US ANY OF THESE CONCESSIONS TO MOVE FORWARD.
I THINK IT'S DUE TO THE DILIGENT WORK OF, OF THE MAYOR AND DOC, ESPECIALLY DR.
MAX, WHO'S BEEN PUTTING PRESSURE ON THEM FOR 10 YEARS.
UM, AND BUCKY'S WANTING TO BE A GOOD PARTNER WITH THE CITY THAT THEY'VE MADE THESE CONCESSIONS.
UH, WE GOT THE SIGN LOWERED, WHICH HONESTLY, IF YOU WOULD'VE ASKED ME TWO WEEKS AGO THAT WAS EVER GONNA HAPPEN, I WAS LIKE, NO WAY.
THERE'S, THEY HAVE THEIR PERMIT.
THERE'S NOTHING WE CAN DO ABOUT THAT.
UH, SOMEHOW DR. MACK, YOU KNOW, PLAYING WITH A PAIR OF TWOS PULLED UP A PRETTY GOOD HAND HERE.
SO I THINK HE DID, HE, HE, UH, UH, I DON'T KNOW HOW HE GOT IT OUT OF THEM, BUT I, I REALLY THINK A LOT OF THE CREDIT TO GET TO, TO THE CONCESSIONS WE GOT WERE WELL BEYOND ANYTHING I DREAMED OF POSSIBLE.
UH, AND I THINK THE, THE CITIZENS AND, AND THE PEOPLE OF VE WITH DR. MACK, A BIG THANK YOU FOR THAT.
I DID GROW UP PLAYING POKER IN NEW ORLEANS.
OKAY,
YEAH, I JUST WANNA ECHO, I MEAN, DR. MACK AND I HAD SEVERAL MEETINGS WITH CONSTITUENTS AND MEMBERS OF OUR COMMUNITY.
UH, SEVERAL CONVERSATIONS WITH CITY STAFF, UH, WITH BUCKY'S INDIVIDUALS.
UM, THE CONCESSIONS THAT WERE MADE, UH, THE EFFORTS.
I MEAN, WE SIT UP HERE EVERY TWICE A MONTH AND LISTEN TO PUBLIC COMMENTS.
UH, THERE'S CERTAIN THINGS WE CAN'T DO, CERTAIN THINGS WE CAN'T DO.
BUT, UH, I KNOW PEOPLE WANNA LOOK THERE AND SAY THAT WE'RE JUST SITTING UP HERE AND WE'RE NOT LISTENING.
BUT, UM, WE LISTENED AND, AND WE WENT TO BUCKY'S AND, AND WE DID A LOT OF NEGOTIATING, UM, TO THE CITY STAFF, UH, CITY ACCOUNT, UH, CITY MANAGER'S OFFICE, AND THE, THE NATHAN, NATHAN AND JEFF AND RYAN, UM, WE'RE NOT DONE YET.
I MEAN, THEY STILL GOTTA MEET SOME REQUIREMENTS, UH, BUT YOUR EFFORTS, UH, TO GET THEM TO COME ON BOARD, UM, HVAC RECAPTURE IS A HUGE WIN THAT THEY DIDN'T HAVE IN THE ORIGINAL AGREEMENT.
AND SO FROM THE ORIGINAL AGREEMENT TO WHERE WE ARE NOW, UH, I THINK IT'S HEADS AND TAILS, UH, AN IMPROVEMENT FOR OUR COMMUNITY.
UH, I THINK BUCK'S AND AT THE LONG RUN WANTED TO END UP COMING TO THE TABLE BECAUSE THEY WANT TO BE A GOOD COMMUNITY PARTNER.
UM, I, I'M NOT SURE IF I'M RIGHT, BUT I THINK THIS IS PROBABLY JEFF, UM, THE MOST ACCESSIBLE, UH, BUCKY'S THAT'S EVER BEING BUILT.
UM, AND THEN ALSO THE MOST DARK SKY COMPLIANT CORRECT OF, OF EVERY BUCKY STORE EVER BUILT.
I MEAN, WE HAVE SET, WE HAVE SET THE STANDARD AT THIS POINT OF, HEY, THIS IS WHAT YOU CAN DO.
UM, SO, AND THAT'S JUST A HARD, A LOT OF HARD WORK FROM OUR, OUR DEPARTMENTS, UH, DR. MACK ESPECIALLY.
UH, AGAIN, I JUST WANNA THANK EVERYBODY AND THANK MARCUS FOR COMING TO THE TABLE, UH, WILLINGLY, UM, FOR BEING THERE AND DOING THAT.
I JUST WANNA EMPHASIZE ONE OTHER POINT.
THERE WERE TWO THINGS, VERY SIGNIFICANT THINGS THAT OCCURRED.
AND THIS OCCURRED A WHILE BACK ACTUALLY, THAT I WAS ABLE TO, WITH THE HELP OF STAFF AND, AND CITY ADMINISTRATION.
UM, THE ORIGINAL PLANE CALLED FOR PERHAPS AS MANY AS FIVE ACRES OF OPEN SPACE, WASN'T REALLY SPECIFIED EARLY ON.
WE GOT THEM TO AGREE TO A BUFFER ZONE BEHIND BUCKY'S TO PROTECT THE MOST, THE MOST AFFECTED NEIGHBORHOOD, WHICH IS MANGER SPRINGS.
AND YES, I LIVED THERE, BUT IT IS THE MOST AFFECTED NEIGHBORHOOD.
UM, THEY DIDN'T HAVE TO DO THAT, BUT IN ORDER TO DO THAT, THEY HAD TO GET A DESIGN REVIEW, UH, EXEMPTION TO MOVE BECAUSE WE HAD IN OUR UDC AND IN OUR OVERLAY DISTRICTS TRYING TO SHIELD THE I 10 CORRIDOR AS IT COMES THROUGH, BERNIE, TO MAKE IT MORE, UM, TO SOFTEN IT WITH MORE LANDSCAPING AND, AND LET, QUITE AS HARSH, WE HAD TO AGREE TO LET THEM MOVE FORWARD, PUT THE PUMPS IN FRONT THAT CREATED FOR THEM
[02:05:01]
SPACE THAT THEY OWN OF ABOUT FIVE ACRES BEHIND, THAT'S OPEN SPACE.IN ADDITION TO THAT, THEY DEEDED OVER NINE ACRES BEHIND THAT.
SO THERE'S ACTUALLY ABOUT 15, 14 ACRES OF OPEN SPACE.
PART OF IT FENCED OFF AS YOU SAW ON THE THING THAT, THAT SHIELDS OR BUFFERS TO SOME DEGREE, THE, THE, THE, UH, DEVELOPMENT FROM THE MOST AFFECTED NEIGHBORHOOD, WHICH IS MANGA SPRINGS.
SO, I MEAN, THOSE ARE THINGS THEY DID NOT HAVE TO DO.
THEY WERE NOT, THERE WAS NO LEVERAGE.
WE DID HAVE TO GET THEM TO COME FORWARD.
AND, AND, AND THE CITY DID HAVE TO GET THEM TO APPLY FOR SOME EXEMPTIONS TO MOVE THINGS FORWARD A LITTLE BIT.
BUT I MEAN, THAT'S A VERY SIGNIFICANT CHANGE, PROBABLY ENORMOUSLY SIGNIFICANT MORE THAN PEOPLE REALIZE BECAUSE THEY DIDN'T HAVE TO DO THAT.
AND WE DIDN'T KNOW HOW MUCH OPEN SPACE WE WERE GONNA GET INITIALLY.
AND THERE COMMENTS FROM COUNSEL? NO.
AT THIS POINT, ARE WE WILLING TO ENTERTAIN A MOTION? DO WE HAVE A MOTION SOMEWHERE? IT'S ON THE SCREEN HERE, BUT YOU JUST SUGGESTED ACTIONS.
BUT ISN'T THERE A, ISN'T THERE, WASN'T THERE AN ADDITIONAL CAVEAT THERE YOU WANTED ASK? YOU'RE GONNA ADD THE CAVEAT.
UH, MAYOR, I MOVE TO APPROVE RESOLUTION NUMBER 2025 DASH R 83 OF THE RESOLUTION, AMENDING THE ECONOMIC DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BERNIE AND BUCKY'S LIMITED AND AUTHORIZED THE CITY MANAGER TO CONTINUE NEGOTIATIONS, TO FINALIZE A DOCUMENT TO BE SIGNED BETWEEN THE CITY AND BUCKY'S, AND TO COME BACK TO THE CITY COUNCIL IF THERE ARE OTHER AREAS OF CONCERN THAT NEED TO BE ADDRESSED PRIOR TO THAT SIGNING.
DOES THAT SOUND REASONABLE? MM-HMM
UH, SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
AND THAT ACTUALLY CONCLUDES OUR, UH, CITY COUNCIL MEETING TONIGHT.
THANK YOU EVERYONE FOR BEING HERE.
THANK YOU ESPECIALLY TO EVERYONE WHO STAYED.
UM, AND WE'LL SEE YOU AT THE NOVEMBER 18TH MEETING, NOVEMBER 18TH.
WE OFFICIALLY ADJOURNED AT 9:28 PM.