[00:00:01]
[1. CALL TO ORDER – 6:00 PM]
TO THE REGULAR CITY COUNCIL MEETING FOR THE CITY OF BURNEY, TEXAS AT OFFICIALLY 6:00 PM ON NOVEMBER 10TH, 2026.WOULD YOU JOIN ME IN PRAYER? GRACIOUS AND LOVING GOD, WE GIVE YOU THANKS FOR A GLORIOUS DAY AND WE'RE THANKFUL AS ALWAYS FOR YOUR SON JESUS CHRIST WHO SHOWS US THE WAY.
LORD, WE'RE THANKFUL FOR THIS DAY TO BE HERE TO CONVENE FOR THIS COMMUNITY TO, FOR GUIDANCE.
WE ASK FOR WISDOM, WE ASK FOR CLARITY AND DECISION MAKING PROCESS, LORD.
WE'RE THANKFUL FOR THE RAIN THIS PAST WEEK AND THIS PAST COUPLE DAYS, LORD, AS IT FLOURISHES THE, THE, THE, THE EARTH REMINDS US OF YOUR GRACE THAT POURS DOWN UPON US.
SO GUIDE OUR DECISION MAKING, GUIDE THIS COMMUNITY, GUIDE THOSE THAT SERVE THIS COMMUNITY WITH HANDS OF SERVICE, HANDS OF LOVE, AND HANDS OF COMPASSION FOR THOSE THAT WE SERVE THE MOST IN THIS COMMUNITY.
WOULD YOU JOIN ME IN THE PLEDGE OF ALLEGIANCE AND THEN THE TEXAS FLAG? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH ONE NATION UNDER GOD AND INDIVISIBLE WITH LIBERTY AND JUSTICE OF ALL.
ON THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THE TEXAS FOR ONE STATE, THANK GOD, ONE INDIVISIBLE.
[2. CONFLICTS OF INTEREST]
ON TO AGENDA ITEM NUMBER TWO, CONFLICTS OF INTEREST.COUNCIL MEMBERS, ANY CONFLICTS OF INTEREST THIS EVENING? NO.
[3. 2026-472 RECOGNIZE THE 2026 CITIZENS FIRE ACADEMY GRADUATES.]
WE WILL MOVE ON TO AGENDA ITEM NUMBER THREE, 2026-472.WE'RE GONNA RECOGNIZE THE 2026 CITIZENS ACADEMY GRADUATES, UH, PRESENTING CHIEF BALL.
THIS EVENING WE HAVE THE, THE PRIVILEGE AND, AND PLEASURE OF INTRODUCING AND, AND WELCOMING 11 NEW GRADUATES FROM OUR 2026, UH, CITIZENS FIRE ACADEMY.
WE'D LIKE TO TAKE A MOMENT TO THANK THE, THANK THE COUNCIL AND, AND THANK OUR CITY LEADERSHIP FOR THEIR CONTINUED SUPPORT AND, UH, AND RESOURCES IN, IN MAKING THIS, UH, ANOTHER SUCCESSFUL YEAR.
THE PERSON THAT LEADS THIS UP FOR US EVERY YEAR IS LIEUTENANT TOBY VICKNER, AND THIS TIME I RELEASE THE FLOOR TO HIM TO INTRODUCE OUR GRADUATES.
AND I NEED THE CHEATER, SORRY.
HE'S OBVIOUSLY, UM, UM, INTRODUCED ME AS TOBY VIKNER.
I DON'T HAVE TO TELL YOU THAT NOW, BUT, UH, THANK YOU FOR GIVING ME A FEW MINUTES TO RECOGNIZE THE 2026 CITIZENS FIRE ACADEMY.
UM, WE STARTED THE CITIZENS FIRE ACADEMY IN 2019, AND SINCE THEN WE'VE HAD MORE THAN 100 GRADUATES.
UH, THAT SAYS A LOT, RIGHT? UH, THE GOAL OF THE ACADEMY IS SIMPLE.
IT'S TO GIVE OUR CITIZENS A BETTER UNDERSTANDING OF WHAT THEIR FIRE DEPARTMENT DOES, HOW WE OPERATE, AND THE TRAINING THAT GOES INTO SERVING OUR COMMUNITY.
THIS YEAR'S ACADEMY WAS A NINE WEEK PROGRAM.
WELL, WE HAD TO PUSH A WEEK, SO 10, UM, WHERE THE PARTICIPANTS GOT FIRSTHAND LOOK AT SEVERAL ASPECTS OF THE FIRE SERVICE.
THEY LEARNED ABOUT OUR DEP - UH, DEPARTMENT'S OPERATIONS.
WELL, THEY'RE EATING RIGHT THERE, SO THAT'S THAT PART.
UH, THEY WORE FIREFIGHTER PROTECTIVE CLOTHING, OPERATED HOSE LINES, CLIMBED OUR AERIAL LADDER, AND PARTICIPATED IN SEARCH AND RESCUE AND VEHICLE EXTRICATION EXERCISES.
THEY WERE ALTR - ALSO INTRODUCED TO ALL OF OUR SPECIAL OPERATIONS DIVISIONS.
UH, ONE OF THE THINGS I LIKE THE MOST ABOUT THE ACADEMY IS THAT WE GET TO WATCH THESE FOLKS, UH, BETTER APPRECIATE WHAT OUR FIREFIGHTERS DO EVERY DAY, UH, FOR THEM AND FOR OUR COMMUNITY.
AND JUST AS IMPORTANT, UH, THIS ACADEMY GIVES OUR FIREFIGHTERS AND CITIZENS AN OPPORTUNITY TO GET TO KNOW ONE ANOTHER AND BUILD RELATIONSHIPS OUTSIDE OF AN ACTUAL INCIDENT.
I ALSO, UM, WANT TO THANK OUR FIREFIGHTERS AND INSTRUCTORS THAT TOOK THEIR TIME TO MAKE THIS YEAR'S ACADEMY POSSIBLE.
IT IS DEFINITELY A TEAM EFFORT, AND I APPRECIATE THE TIME AND COMMITMENT THAT THEY PUT IN.
UH, TO OUR 2026 GRADUATES, THANK YOU FOR TAKING NINE, WELL, 10 WEEKS OUT OF YOUR BUSY SCHEDULES TO LEARN MORE ABOUT OUR FIRE DEPARTMENT.
UH, WE APPRECIATE THE PARTICIPATION AND THE SUPPORT.
AND FINALLY, THANK YOU AGAIN FOR Y'ALL ALLOWING US TO, TO CONTINUE WITH THIS PROGRAM.
WE'RE PROUD OF IT, OF WHAT WE'VE BUILT OVER THE YEARS, AND WE LOOK FORWARD TO CONTINUING THIS FOR OUR CITIZENS IN OUR COMMUNITY.
SO IF NO ONE HAS ANY QUESTIONS, I'LL INVITE THE GRADUATES UP AND WE'LL DO OUR LITTLE PHOTO UP AND LET THEM GET RECOGNIZED.
ANYONE WITH ANY QUESTIONS? ANY QUESTIONS? NO.
AND THANK YOU TO THE COMMUNITY FOR COMING OUT AND, AND GETTING INVOLVED IN DOING THIS.
SO GO AHEAD AND LET'S BRING THE, UH, INTRODUCE THEM.
Y'ALL GOT, Y'ALL GOT A BIGGER FISH TO FRY.
[00:05:26]
NO, NO ANGLE.READY? EVERYBODY LOOKING THIS WAY.
THANKS AGAIN TO THE FIRE DEPARTMENT, ALL THOSE THAT ASSISTED WITH THIS GREAT, UH, COMMUNITY EVENT.
WE'RE, WE'RE, WHAT A GREAT OPPORTUNITY FOR OUR COMMUNITIES TO GET OUR CITIZENS TO GET INVOLVED.
[4. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE:]
ITEM NUMBER FOUR, EXECUTIVE SESSION IN ACCORDANCE WITH TEXAS GOVERNMENT CODE 2026-491, SECTION 551.071, CONSULTATION WITH THE CITY ATTORNEY 727A, UH, TO DISCUSS JOHNS ROAD CAD NUMBER 14393.WE WILL OFFICIALLY ADJOURN THE EXECUTIVE SESSION AT 6:06 PM.
[5. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]
WELL, WELCOME BACK TO THE REGULAR CITY AGENDA AND OFFICIALLY RECONVENE IN OPEN SESSION AT 6:41 PM.[6. PUBLIC COMMENTS]
TO AGENDA ITEM SIX, PUBLIC COMMENTS.UM, WE HAVE SEVERAL PEOPLE SIGN UP TO SPEAK FOR THE PUBLIC COMMENTS LIST.
YOU STATE YOUR NAME AND YOUR ADDRESS, AND THEN YOU'LL HAVE THREE MINUTES TO, TO SPEAK WHAT'S ON YOUR MIND.
OUR FIRST SPEAKER THIS EVENING IS ERIC MUNOZ.
ERIC, PLEASE COME FORWARD SET UP THE PODIUM AND GIVE YOUR NAME AND ADDRESS AND YOU'LL HAVE THREE MINUTES, SIR.
AND I'M GONNA REMIND EVERYONE THAT'S COMING TO THE PODIUM, WE CAN LISTEN, BUT WE CANNOT ENGAGE IN CONVERSATION WITH THE SPEAKERS.
I LIVE AT 137 HAMPTON COVE HERE IN BURNEY.
GOOD EVENING, MAYOR AND COUNCIL MEMBERS.
I'M A RESIDENT AT VILLAS AT HAMPTON PLACE.
I'M ALSO THE PRESIDENT OF THE BOARD FOR OUR HOA.
I RESPECTFULLY ASK YOU TO DENY THIS PUD THIS EVENING AS THE PLANNING AND ZONING COMMISSION DID BY A FIVE TO ONE VOTE.
THE CITY'S REPORT CONFIRMS SOMETHING EXTREMELY IMPORTANT.
THIS PROPOSAL DOES NOT MAKE HAMPTON, HAMPTON WAY AN EMERGENCY ONLY CONNECTION.
IT WOULD CREATE A FULL POINT OF PUBLIC ACCESS THROUGH OUR NEIGHBORHOOD.
MEANWHILE, THE CITY ATTORNEY HAS DETERMINED THAT THE PROPOSED WESTERN ACCESS IS CURRENTLY INSUFFICIENT FOR CITY PURPOSES.
THE CITY HAS NO GUARANTEED ACCESS RIGHTS THROUGH THAT PRIVATE EASEMENT, CANNOT INSTALL IMPROVEMENTS THERE, AND THE EASEMENT CAN BE AMENDED WITHOUT CITY'S CONSENT.
CONSTRUCTION OF THE DEVELOPER'S 25-FOOT CONNECTION ALSO REQUIRES APPROVAL FROM THE PRIVATE EASEMENT OWNERS.
THESE, THOSE ARE NOT MINOR DETAILS TO RESOLVE AFTER REZONING.
THEY CONCERN WHETHER THIS DEVELOPMENT HAS LEGALLY RELIABLE AND ADEQUATE ACCESS.
IF THE PRIVATE OWNERS REFUSE TO AMEND THE WESTERN EASEMENT OR LATER RESTRICT ITS USE, WHAT HAPPENS? DOES HAMPTON WAY BECOME THE DEVELOPMENT'S ONLY DEPENDABLE ACCESS AND EFFECTIVELY ITS MAIN ENTRANCE? NOTHING IN THE PROPOSED CONDITIONS PREVENT THAT.
THERE IS ANOTHER MAJOR CONTRADICTION.
THE APPLICANT'S TRAFFIC WORKSHEET ASSUMES THAT 100% OF DEVELOPMENT'S TRAFFIC WILL USE THE WESTERN ENTRANCE AT JOHNS ROAD, YET THE SAME PLAN CREATES UNRESTRICTED PUBLIC ACCESS THROUGH HAMPTON WAY.
HOW CAN COUNSEL, COUNCIL EVALUATE THE EFFECT ON OUR NEIGHBORHOOD WHEN THE TRAFFIC ANALYSIS IS, ASSUMES ZERO VEHICLES WILL USE AN ENTRANCE THAT IS OPEN TO THE PUBLIC? THERE HAS BEEN NO ADEQUATE ANALYSIS OF ADDITIONAL TRAFFIC ON HAMPTON WAY.
OUR INT - OUR INTENTIONALLY NARROW STREETS, PEDESTRIAN AND CHILD SAFETY PARKED VEHICLES, EMERGENCY VEHICLE CLEARANCE, OR THE POSSIBILITY THAT FUTURE WIDENING FIRE LANE MARKINGS AND PARKING RESTRICTIONS WOULD BE IMPOSED ON VILLA'S RESIDENCE.
THE STREET DRAINAGE AND UTILITY PLANS ARE ALSO DESCRIBED AS CONCEPTUAL AND THE TURN ANALYSIS HAS NOT BEEN ACCEPTED.
THIS HISTORIC LEX SAN- SANITARIUM STILL REQUIRES STATE AND LOCAL APPROVAL BEFORE IT CAN BE MOVED OR MODIFIED.
THESE ARE FUNDAMENTAL ISSUES, NOT FINISHING DETAILS.
THE APPLICANT BEARS THE BURDEN OF PROVING THAT THIS PROPOSAL SATISFIES THE CITY'S REQUIREMENTS.
COUNCIL SHOULD NOT APPROVE THE ZONING FIRST AND HOPE THAT PRIVATE ACCESS RIGHTS, TRAFFIC IMPACTS,
[00:10:01]
ENGINEERING AND HISTORIC APPROVALS CAN BE RESOLVED LATER.WE'RE NOT OPPOSED TO REASONABLE DEVELOPMENT, BUT THIS DEVELOPMENT MUST PROVIDE ITS OWN SAFE, LEGALLY SECURED AND ADEQUATE ACCESS WITHOUT USING VILLAS AT HAMPTON PLACE.
WE OPPOSE ANY CONNECTION TO HAMPTON WAY, WHETHER FOR REGULAR TRAFFIC, SECONDARY ACCESS OR EMERGENCY ACCESS ONLY.
THE DEVELOPER'S PRIVATE ACCESS PROBLEM SHOULD NOT BE TRANSFERRED TO AN ESTABLISHED R2M NEIGHBORHOOD SIMPLY BECAUSE HAMPTON WAY IS THE MOST CONVENIENT ALTERNATIVE.
PLEASE UPHOLD THE PLANNING AND ZONINGS COMMISSION'S RECOMMENDATIONS, DENY THIS PUD, AND REQUIRE THE DEVELOPMENT TO PROVIDE ALL NECESSARY ACCESS WITHOUT CONNECTING TO OUR NEIGHBORHOOD IN ANY FORM.
OUR SECOND SPEAKER IS DANIEL STEVENS.
DANIEL, PLEASE COME FORWARD, STATE YOUR NAME AND ADDRESS AND YOUR THREE MINUTES WILL BEGIN ONCE YOU'VE DONE THAT.
MY ADDRESS IS 142 HAMPTON RUN WEST.
UH, I'M NOT GONNA SPEND A LOT OF TIME REPEATING SOME OF THE THINGS THAT ERIC JUST SAID.
I AM GOING TO ADD TO IT THAT I WENT OUT TONIGHT AND MEASURED OUR STREET FROM CURB TO CURB.
IF YOU PARK TWO FULL SIZE TRUCKS ON EITHER SIDE OF THE STREET, WHICH HAPPENS OFTEN IN A NEIGHBORHOOD WHERE DRIVEWAYS WERE NOT MADE TO ACCOMMODATE A MULTI-VEHICLE HOUSEHOLD, THAT LEAVES ABOUT 11 FEET, EIGHT INCHES FOR TRAFFIC TO DRIVE THROUGH.
UH, THAT'S BARELY WIDE ENOUGH FOR A FIRETRUCK FOR THE CITY.
MY CONCERN IS, IF WE DO MAKE AN EMERGENCY ACCESS POINT, WILL WE THEN BE VIOLATING FIRE CODE? WILL WE LOSE THAT PARKING THAT THE HOMEOWNERS SO DESPERATELY NEED? UH, SO MY REQUEST IS THAT YOU DENY 8B.
UH, AND IF THERE IS GOING TO BE SOME APPROVAL THAT IT BE WRITTEN INTO ORDINANCE THAT WE CANNOT BE RESTRICTED FROM PARKING ON OUR STREETS ALONGSIDE OUR HOMES DUE TO FIRE CONCERNS.
OUR NEXT SPEAKER IS ERIN GRAVES.
PLEASE COME FORWARD TO STATE YOUR NAME AND ADDRESS AND YOU'LL HAVE YOUR THREE MINUTES.
UM, GOOD EVENING, MAYOR AND COUNCIL MEMBERS.
UM, AS I SAID, MY NAME IS ERIN GRAVES.
I WAS BORN AND RAISED HERE IN BURNEY.
I'M NOW A HOMEOWNER ON HAMPTON WAY AND A MOTHER OF TWO YOUNG BOYS WHO RIDE THEIR BIKES AND SCOOTERS UP AND DOWN THE STREET WHO VENTURED TO THE BASKETBALL COURTS LOCATED ADJACENT TO THE CUL-DE-SAC, BOYS WHO HAVE SPENT THEIR ENTIRE CH - ENTIRE CHILDHOOD PLAYING ON THIS STREET.
I STAND BEFORE YOU TONIGHT, ONCE AGAIN, ASKING YOU TO PROTECT OUR NEIGHBORHOOD AND DENY THE PROPOSED DEVELOPMENT OF 727 JOHNS ROAD.
OVER THE PAST YEAR, OUR NEIGHBORHOOD HAS ATTENDED MEETING AFTER MEETING AFTER MEETING.
WE'VE LISTENED TO PROPOSALS, REVIEWED REVISIONS, VOICED OUR CONCERNS, AND PARTICIPATED IN THIS PROCESS EXACTLY AS RESIDENTS ARE ENCOURAGED TO DO.
AND TIME AND TIME AGAIN, THOSE CONCERNS HAVE BEEN HEARD.
PROPOSALS HAVE BEEN DENIED, NOT ARBITRARILY AND NOT BECAUSE OUR NEIGHBORHOOD SIMPLY DISLIKES CHANGE, BUT BECAUSE THERE HAVE BEEN LEGITIMATE CONCERNS ABOUT ACCESS, COMPATIBILITY, AND THE IMPACT THIS DEVELOPMENT WOULD HAVE ON AN ESTABLISHED RESIDENTIAL COMMUNITY.
AT OUR LAST PLANNING AND ZONING MEETING, THE DEVELOPER PRESENTED PLANS SHOWING A FULLY OPEN ROAD CONNECTING THE PROPOSED DEVELOPMENT TO HAMPTON WAY, YET WHEN THEY STOOD BEFORE THE COMMISSION, THEY VERBALLY STATED THAT THE CONNECTION WOULD BE FOR EMERGENCY ACCESS ONLY.
THAT RESTRICTION WAS NOWHERE TO BE FOUND IN THE WRITTEN PLANS PRESENTED FOR CONSIDERATION.
THE PLANNING AND ZONING COMMISSION VOTED TO DENY THIS PROPOSAL.
THAT DECISION DESERVES SERIOUS CONSIDERATION.
THE CONCERNS THAT LED TO THAT DENIAL DO NOT DISAPPEAR SIMPLY BECAUSE THE DEVELOPER HAS PUSHED FOR A COUNCIL MEETING.
NOW BEFORE CITY COUNCIL, THE DEVELOPER HAS REVERTED BACK TO A PREVIOUS PLAN THAT WAS ALREADY SHOT DOWN EARLIER IN THE YEAR LONG PROCESS.
IT DESCRIBES HAMPTON WAY AS A SECONDARY ACCESS CONNECTION, PROVIDING AN ADDITIONAL POINT OF ING- INGRESS AND EGRESS FOR THE DEVELOPMENT DESIGNED TO MEET EMERGENCY ACCESS STANDARDS.
BUT ONCE AGAIN, THE WRITTEN LANGUAGE DOES NOT EXPLICITLY RESTRICT THAT CONNECTION TO EMERGENCY VEHICLES.
SO WHICH IS IT, AN OPEN ROAD, A SECONDARY ENTRANCE, OR AN EMERGENCY ONLY ACCESS POINT? THIS DISTINCTION MATTERS.
WE SHOULD NOT HAVE TO INTERPRET VA- VAGUE LANGUAGE OR RELY ON VERBAL PROMISES TO UNDERSTAND WHAT'S BEING PROPOSED FOR THE STREET WHERE OUR FAMILIES LIVE.
EVEN IF THIS WAS AN ENTRANCE FOR EMERGENCY VE- VEHICLES ONLY, OUR CONCERNS WOULD REMAIN.
THIS IS NOT ABOUT OPPOSING GROWTH.
WE UNDERSTAND THAT BERNIE IS GROWING AND WE RECOGNIZE THAT DEVELOPMENT IS PART OF THAT GROWTH,
[00:15:01]
BUT RESPONSIBLE GROWTH REQUIRES THOUGHTFUL PLANNING, RESPECT FOR EXISTING COMMUNITIES, AND THE WILLINGNESS TO RECOGNIZE WHEN A PARTICULAR PROPOSAL SIMPLY DOES NOT WORK.THE BURDEN OF MAKING THIS DEVELOPMENT FEASIBLE SHOULD NOT FALL ON THE RESIDENTS OF AN ESTABLISHED NEIGHBORHOOD.
AT SOME POINT, THIS PROCESS MUST HAVE A MEANINGFUL CONCLUSION.
OUR RESIDENTS HAVE INVESTED COUNTLESS HOURS ATTENDING MEETINGS, ORGANIZING, RESEARCHING, AND ADVOCATING FOR THIS, THE PLACE THAT WE CALL HOME.
WE'VE DONE EVERYTHING ASKED OF US TO PARTICIPATE IN THE PUBLIC PROCESS.
I ASK YOU TO CONSIDER WHAT PRECEDENT WE SET WHEN RESIDENTS REPEATEDLY PARTICIPATE IN GOOD FAITH ONLY TO FIND THEMSELVES DEFENDING THE SAME BOUNDARIES EACH TIME A DEVELOPER PRESENTS A SLIGHTLY DIFFERENT PLAN.
TONIGHT I'M ASKING THE COUNCIL TO BRING THIS MATTER TO A CLOSE, RESPECT THE PREVIOUS DECISION, DENY THE, UH, THE PUD AND ASSOCIATED DEVELOPMENTAL PROPOSAL AND LEAVE HAMPTON WAY EXACTLY AS IT IS.
NO ONE ELSE HAS SIGNED UP TO SPEAK THIS EVENING.
[7. CONSENT AGENDA]
REGULAR CITY'S, CITY COUNCIL'S, UH, CONSENT AGENDA.COUNCIL MEMBERS, CAN I GET A MOTION ON CONSENT AGENDAS ITEM 7A THROUGH 7F? GOT A MOTION FROM COUNCILMAN MACALUSO.
HERE, I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
UH, SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
[8.A. 2026-431 HOLD A PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2026-20; AN ORDINANCE ANNEXING APPROXIMATELY 6.46 ACRES OF LAND LOCATED AT 727A JOHNS ROAD (KAD NO. 14393) INTO THE CITY OF BOERNE, KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS, AND GRANTING TO ALL THE INHABITANTS OF SAID PROPERTY ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY.]
CITY AGENDA THIS EVENING.WE'RE TO DISCUSS AGENDA ITEMS 8A AND 8B WILL BE PRESENTED TOGETHER FOR THE PUBLIC HEARINGS WILL BE HELD SEPARATELY AND VOTED ON SEPARATELY FOR AGENDA ITEM 8A 2026-431.
HOLD A PUBLIC HEARING AND CONSIDER ON FIRST READ ORDINANCE NUMBER 2026-20, AN ORDINANCE ANNEXING APPROXIMATE 6.46 ACRES OF LAND LOCATED AT 727A JOHNS ROAD INTO THE CITY OF BERMAN COUNTY, TEXAS, EXTENDING THE BOUNDARY LIMITS OF SAID SO TO INCLUDE HERE THEREAFTER DESCRIBE THE PROGRESS CITY LIMITS.
NATHAN? THANK YOU, MAYOR, MEMBERS OF THE COUNCIL.
UH, AS NOTED, THIS IS A REQUEST FOR ANNEXATION AND FOR A PUD ZONING AT 727 JOHN, A JOHNS ROAD.
UH, THIS IS HOW THIS ACTION WOULD ALIGN WITH OUR STRATEGY MAP.
UH, AS MENTIONED, VOLUNTARY ANNEXATION AND REZONING.
UH, THE SIZE OF THE PROPERTY IS 6.46 ACRES.
THE APPLICANT IS, UH, AND I...
DANIEL WETZEL AND CARTER FEDLIF WITH CENTERLINE ENGINEERING CONSULTING.
THE PROPERTY OWNER IS DENNIS SPIN- SPINELLI.
CURRENTLY, THERE IS AN EXISTING HOME ON THE SITE.
IT'S CALLED THE LEX SANITARIUM, AND IT'S A - IT'S A RECORDED, UH, TE- TEXAS HISTORICAL LANDMARK, APPROXIMATELY HERE.
UH, THE REQUEST IS TO, UH, REZONE THE PROPERTY FROM HOLDING.
AS MENTIONED, OUR UDC REQUIRES ANY PROPERTY THAT IS ANNEXED TO RECEIVE THE HOLDING DISTRICT.
THE APPLICANT'S REQUESTING CONCURRENT REVIEW OF REZONING FROM THAT HOLDING DISTRICT TO R3D PLANNED UNIT DEVELOPMENT.
THIS WOULD ALLOW FOR 29, UH, A 29-UNIT TOWN HOME PROJECT.
THE PUD IS A FLEXIBLE ZONING TOOL THAT ALLOWS FOR STANDARDS TO BE MODIFIED TO, UH, TO MEET CONDITIONS ON PROPERTY.
UH, IN THIS CASE, UH, THERE'S NO MODIFICATIONS REQUESTED, BUT IT DOES ALLOW...
ONE OF THE THINGS IT DOES ALLOW IS FOR SOME ASSURANCES ON THE TYPE OF DEVELOPMENT THAT'S BEING PROPOSED.
AS WITH ALL ZONING, COUNCIL HAS DISCRETION TO, OR TO APPROVE OR DENY THE ZONING.
THERE'S A DRAINAGE PROTECTION ZONE, ZONES ONE AND TWO, THAT RUN THROUGH APPROXIMATELY THE CENTER OF THE PROPERTY.
IN FEBRUARY OF 2026, THE PLANNING AND ZONING COMMISSION GRANTED A VARIANCE TO ALLOW, UH, FOR DEVELOPMENT WITHIN THE DPZS, A CROSSING, UH, WITH A LOCAL ROAD CROSSING WITH A BOX CULVERT, APPROXIMATELY HERE.
UH, THE FUTURE LAND USE MAP, UH, IDENTIFIES THE PROPERTY AS TRA- TRANSITIONAL RESIDENTIAL.
UH, THIS LAND USE CATEGORY ALLOWS FOR HIGHER RESIDENT DEN - RESIDENTIAL DENSITIES THAN IN A GREATER VARIETY OF HOUSING TYPES THAN OUR TYPICAL NEIGHBORHOOD RESIDENTIAL LAND USE CATEGORY.
WHILE TOWN HOMES ARE CONSISTENT WITH THIS DESIGNATION, UH, THEY ARE NOT THE ONLY APPROPRIATE HOUSING TYPE OR DENSITY WITHIN THIS DESIGNATION.
UM, SPECI - THE SPECIFIC LAND USES AND DENSITY ARE SUBJECT TO THE COUNCIL'S DISCRETION.
YOU CAN SEE THE SURROUNDING ZONING OF THE PROPERTY.
UH, A LITTLE BIT ABOUT PROJECT HISTORY, HOW WE GOT HERE TODAY.
[00:20:01]
WAS FOR R3D, WHICH IS, WHICH IS A STANDARD, UH, ZONING DISTRICT THAT WE HAVE.UH, THE PLANNING AND ZONING COMMISSION DISCUSSED IT ON APRIL 7TH, AND THEN ON JUNE 2ND, THERE WAS A PUBLIC HEARING IN WHICH, AFTER WHICH THE APPLICANT WITHDREW THAT REQUEST AND SUBMITTED FOR A, UH, PUD.
UH, WE HAVE TWO DIFFERENT PUDS THAT HAVE BEEN CONSIDERED BY THE PLANNING AND ZONING COMMISSION.
UH, YOU SEE THE ONE ON THE RIGHT IS THE 2025 PROPOSAL.
IT WAS APPROVED WITH, UH, NINE STIPULATIONS, ONE OF WHICH, UH, REQUIRED THE...
ONE OF WHICH THE PLANNING AND ZONING COMMISSION REQUESTED THE, UH, CITY ATTORNEY REVIEW A ACCESS EASEMENT ON THE WEST SIDE OF THE PROPERTY, AND WE'LL DISCUSS THAT IN A MINUTE.
SO YOU SEE THE PROJECT BEFORE YOU HERE, 29 TOWN HOME LOTS.
UH, THERE'S, UH, JUST OVER AN ACRE OF OPEN SPACE.
UH, THERE IS ONE, UH, LOT HERE, UH, WHERE THEY'RE PROPOSING TO RELOCATE THE HISTORIC STRUCTURE FROM APPROXIMATELY HERE TO THIS LOCATION.
THAT RELOCATION DOES REQUIRE APPROVAL FROM THE TEXAS HISTORICAL COMMISSION AND ALSO WOULD REQUIRE APPROVAL FROM OUR HISTORIC LANDMARK COMMISSION.
ACCESS IS PROVIDED, UH, BY A PRIVATE DRIVEWAY SHOWN IN YELLOW.
UH, THIS IS THE DRIVE, IF YOU'RE FAMILIAR, IT GOES FROM JOHNS ROAD TO BEST WESTERN.
UH, THEY'RE ALSO PROPOSING ACCESS TO HAMPTON WAY AT THIS LOCATION SHOWN IN BLUE.
UTILITIES ARE PROVIDED BY THE CITY OF BERNIE.
IN OCTOBER, HOW DO WE GET HERE IN ACCESS TO HAMPTON WAY? WELL, UH, IN OCTOBER, UH, 2003, A PLAT, UH, WAS APPROVED, AND IF YOU LOOK AT THAT, IT SHOWS THE RIGHT OF WAY EXTENDING TO THE NORTHERN BOUNDARY OF THE PROPERTY.
UM, IT IS IMPORTANT TO NOTE THAT THE, UH, PRIVATE DRIVE HERE DOES NOT MEET THE REQUIREMENTS FOR ACCESS AS REQUIRED BY THE UDC.
UM, ALSO, AS MENTIONED EARLIER, THE, UH, TURN LANE EVALUATION WAS FOUND TO BE DEFICIENT, AS IT ASSUMES ALL TRAFFIC WOULD, UH, COME FROM JOHNS ROAD.
THE PLANNING AND ZONING COMMISSION, UH, ON WHAT WE'RE CALLING THE 2026 PUD, UH, REQUEST HELD A PUBLIC HEARING ON SEPTEMBER 14TH.
UH, RESIDENT CONCERNS IN- INCLUDED THE USE OF HAMPTON WAY, UH, INCREASED TRAFFIC AND PEDESTRIAN SAFETY.
THE COMMISSION VOTED 5-1 TO RECOMMEND DENIAL OF THE REQUEST, AS IT, UH, AS THEY FOUND IT DID NOT MEET THE UDC CRITERIA FOR APPROVAL.
IF THE COUNCIL DOES CHOOSE TO APPROVE THE, UH, PUD, THERE ARE STIPULATIONS RECOMMENDED IN THE STAFF REPORT.
HAPPY TO REVIEW THOSE WITH YOU.
UH, THERE ARE TWO PUBLIC HEARINGS TONIGHT, ONE ON THE ANNEXATION AND ONE ON THE REZONING, WHICH REQUIRE TWO SEPARATE MOTIONS ALSO.
WITH THAT, HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.
DO YOU HAVE ANY QUESTIONS FOR NATHAN AT THIS TIME? NO.
WOULD THE APPLICANT LIKE TO COME FORWARD AND, AND HAVE A FEW MINUTES TO SPEAK? GOOD EVENING, MAYOR AND MEMBERS OF THE COUNCIL.
I'M DANIEL WETZEL WITH CENTERLINE, ENGINEER OF RECORD FOR MR. DENNIS PANELLI, OWNER OF 727A JOHNS ROAD.
THIS IS THE FIRST TIME THIS PROJECT HAS COME BEFORE YOU TONIGHT.
UH, YOU HAVE TWO ITEMS FOR PUBLIC HEARING, THE OWNER'S VOLUNTARY ANNEXATION PETITION AND THE, UH, PUD ZONING.
WE SAT DOWN FOR A PRE-APPLICATION MEETING WITH CITY STAFF, UH, IN OCTOBER OF 2023.
THAT'S THREE YEARS ON A SIX AND A HALF ACRE DONUT HOLE THAT THE CITY ALREADY SURROUNDS ON EVERY SIDE.
THIS PLAN IS EXACTLY WHAT THE MASTER PLAN CALLS FOR.
IT'S LESS DENSE THAN THE NEIGHBORHOOD NEXT DOOR, AND IT MEETS THE ACCESS REQUIREMENTS PROVIDED THE CITY DOESN'T CLOSE THE PUBLIC STREET THAT IT TOUCHES.
THIS TRACT IS SURROUNDED, APARTMENTS TO THE NORTH, A SCHOOL CAMPUS TO THE EAST, VILLAS AT HAMPTON PLACE, UNIT TWO TO THE SOUTH, AND COMMERCIAL TO THE WEST.
YOUR FUTURE LAND USE MAP DESIGNATES THIS PROPERTY TRANSITIONAL RESIDENTIAL, MEANING A STEP BETWEEN HIGHER INTENSITY USES AND SINGLE FAMILY NEIGHBORHOODS.
THAT'S WHY WE'RE PROPOSING A 29 UNIT SINGLE FAMILY TOWN HOME ON, UH, PRIVATE STREETS MAINTAINED BY AN HOA WITH OPEN SPACE THAT MEETS THE PUD REQUIREMENTS AND PRESERVING THE LEX SANITARIUM.
THIS PLAN MATCHES THE FUTURE LAND USE MAP.
ALTHOUGH THIS IS OUR FIRST TIME BEFORE COUNCIL, IT IS NOT OUR, UH, IT IS NOT OUR FIRST PUD ON THIS PROPERTY, AS YOU'VE HEARD.
IN SEPTEMBER OF 2025, YOUR PLANNING AND ZONING COMMISSION CONDITIONALLY APPROVED AN
[00:25:01]
EARLIER PUD THAT YOU'VE SEEN TONIGHT.PENDING A LIST OF STIPULATIONS, THOSE STIPULATIONS DON'T APPLY TO THE PLAN BEFORE YOU TONIGHT, BUT THAT'S WHY WE'RE HERE.
THREE OF THEM WERE THINGS THE OWNER COULDN'T DELIVER ON HIS OWN.
STIPULATION T - NUMBER TWO REQUIRED EMERGENCY ACCESS ACROSS THE SCHOOL DISTRICT PROPERTY.
THE DISTRICT IS A THIRD PARTY WITH NO OBLIGATION TO GRANT IT.
STIPULATION NUMBER EIGHT REQUIRED THE OWNER TO DEDICATE A NON-ACCESS EASEMENT AGAINST HIS OWN FRONTAGE ON HAMPTON WAY, A PUBLIC STREET.
STIPULATION NINE REQUIRED A CITY ATTORNEY REVIEW OF OUR RECORDED WEST ACCESS EASEMENT WITH NO STANDARD AND NO DEADLINE.
I'LL SAY THIS CAREFULLY FOR THE RECORD.
THOSE CONDITIONS RAISED SERIOUS QUESTIONS UNDER TEXAS LAW.
ONE GAVE A THIRD PARTY A VETO OVER THE PROJECT.
ONE REQUIRED AN OWNER TO GIVE UP ACCESS TO A PUBLIC STREET, A PROPERTY RIGHT TEXAS COURTS PROTECT WITH NO FINDING THAT THE PROJECT CREATED AN IMPACT THAT WOULD JUSTIFY IT.
ONE WAS AN OPEN-ENDED REVIEW WITH NO RI - NO CRITERIA AND NO TIME LIMIT.
IT AGREED THAT OUR EASEMENT IS VALID, IT'S PERMANENT, AND RUNS WITH THE LAND, BUT CONCLUDED IT COULDN'T SERVE AS THE CITY'S PUBLIC ACCESS.
AT THAT POINT, THE OWNER HAD A CHOICE, CHALLENGE THOSE STIPULATIONS OR REDESIGN.
THE PLAN BEFORE YOU TONIGHT TAKES ITS PRIMARY ACCESS FROM HAMPTON WAY AND ITS SECOND ACCESS FROM THE WEST EASEMENT AND STANDS ON ITS OWN UNDER YOUR CODE.
LET ME PUT THE SCALE OF THIS PROJECT IN CONTEXT.
WE ARE PROPOSING 29 RESIDENTIAL LOTS ON 6.46 ACRES, ABOUT FOUR AND A HALF UNITS PER ACRE.
VILLAS AT HAMPTON PLACE IMMEDIATELY TO OUR SOUTH WAS ITSELF APPROVED AS A PUD, HENCE THE NARROWER STREETS THAT WOULD NOT BE ALLOWED TODAY.
UNIT TWO ALONE IS 80 LOTS ON ABOUT 11 AND A THIRD ACRES, JUST OVER SEVEN UNITS PER ACRE.
BOTH NUMBERS ARE COUNTED THE SAME WAY, RESIDENTIAL LOTS ONLY OVER THE FULLY PLATTED ACREAGE.
BY THAT MEASURE, HAMPTON PLACE IS MORE THAN 50% DENSER THAN WHAT WE ARE PROPOSING.
SO THIS ISN'T A NEW OR MORE INTENSE KIND OF DEVELOPMENT BEING PLACED NEXT TO AN ESTABLISHED NEIGHBORHOOD.
IT IS THE SAME ZONING TOOL AT A LOWER INTENSITY, TAKING ACCESS FROM THE SAME PUBLIC STREET THAT WAS PLANNED FOR ACCESS IN 2003 WHEN HAMPTON, UH, HAMPTON PLACE UNIT TWO WAS PLATTED.
IT'S A NATURAL CONTINUATION OF WHAT'S ALREADY THERE.
HERE'S HOW THE PROPERTY IS SERVED.
THE PRIMARY ACCESS IS HAMPTON WAY, A PUBLIC CITY MAINTAINED STREET AND THE ONLY PUBLIC RIGHT OF WAY THAT TOUCHES THE PROPERTY.
THE SECOND ACCESS IS OUR RECORDED 25-FOOT EASEMENT ON THE WEST LINE OUT OF, OUT TO JOHNS ROAD.
TOGETHER, THOSE MEET YOUR REQUIREMENTS.
YOUR FIRE CODE REQUIRES A SECOND ACCESS FOR SINGLE FAMILY DEVELOPMENT OF ONLY ABOVE 30 UNITS.
YOUR ENGINEERING STANDARDS COUNT THE EXISTING HOMES ON HAMPTON WAY TOWARDS THE SECOND ACCESS THRESHOLD, AND OUR WEST EASEMENT PROVIDES THAT SECOND ACCESS.
THE INTENTION IS THAT BOTH ENTRANCES WILL BE GATED AS IT WILL BE A PRIVATELY MAINTAINED STREET.
WE TRIED TO DO MORE ON THE WEST SIDE.
THE OWNER OF, UH, OFFERED THE ADJACENT COMMERCIAL OWNER SUBSTANTIAL COMPENSATION, A MILLION DOLLARS TO WIDEN THAT EASEMENT TO THE FULL FIRE CODE WIDTH OR TO ADD A SECOND CONNECTION.
BUT IT MEANS THE WEST EASEMENT IS WHAT IT IS, AND THAT'S WHY BOTH ENDS ARE INTENDED TO BE GATED.
HAMPTON, HAMPTON WAY IS A CUL-DE-SAC WITH 19 HOMES, AND THAT EX - AND EXTENDING IT EXCEEDS THE DEAD END LENGTH.
STAFF HAS TOLD US THAT CONCERN IS MAINLY ABOUT WATER.
THAT'S AN ENGINEERING QUESTION WITH AN ENGINEERING ANSWER, AND YOUR OWN STAFF IDENTIFIED A WAY TO LOOP THE WATERLINE IN OUR VERY FIRST MEETING IN OCTOBER OF 2023.
WITH A SECOND ACCESS TO THE WEST, HAMPTON WAY STOPS A DEAD END FOR EMERGENCY PURPOSES.
YOUR PLANNING DIRECTOR ALSO TOLD US COUNCIL WOULD NOT APPROVE A DRIVEWAY PERMIT FOR THIS PROPERTY IF WE PURSUED ANOTHER ROUTE.
SO WHEN P&Z SAYS WITH ANY CONNECTION TO THE SOUTH, VEHICULAR, OR EVEN PEDESTRIAN IS A NON-STARTER, THEY'RE TAKING AWAY THE ONLY PUBLIC STREET THAT THIS PROPERTY TOUCHES, WHICH IS ALSO THE ACCESS THAT MAKES THE PLAN WORK.
WITH RESPECT, THAT LEAVES A PROPERTY INSIDE YOUR BOUNDARIES WITH NO ACCESS THE CITY WILL ACCEPT.
THAT ISN'T A JUDGMENT ABOUT DENSITY, IT'S A DENIAL OF ACCESS.
I WANT THE RECORD TO BE CLEAR.
AN OWNER WHOSE LAND ABUTS A PUBLIC STREET HAS A RIGHT OF ACCESS TO IT.
WHEN GOVERNMENT ACTION TAKES THAT ACCESS AWAY, THAT'S INVERSE CONDEMNATION.
WE'RE NOT HERE TO GIVE COUNSEL.
WE ARE HERE TO GIVE COUNCIL THE CHANCE TO MAKE SURE THAT QUESTION NEVER HAS TO BE ASKED.
TO THE RESIDENTS AT VILLA, UH, OF VILLAS AT HAMPTONS PLACE, WE UNDERSTAND YOUR CONCERNS.
WE WANT TO ANSWER IT WITH SOME NUMBERS.
29 HOMES GENERATE FEWER THAN 30 TRIPS IN THE EVENING PEAK HOUR, ABOUT ONE CAR EVERY TWO MINUTES.
ANYBODY THAT'S DRIVEN THROUGH THE VILLAS AT HAMPTON PLACE
[00:30:01]
KNOWS HOW NARROW THOSE STREETS ARE.THAT'S THE REASON THAT OUR, UH, PEAK HOUR AND TURN LANE VALUATION ALLOCATED ALL THE TRAFFIC GOING TO JOHNS ROAD BECAUSE THAT'S THE PATH OF LEAST RESISTANCE FOR THE POTENTIAL RESIDENTS OF THIS DEVELOPMENT.
AS YOU TAKE THIS INTO CONSIDERATION, HERE'S WHERE IT STANDS.
THIS PLAN MATCHES YOUR FUTURE LAND USE MAP.
IT'S THE TRANSITIONAL HOUSING YOUR MASTER PLAN CALLS FOR.
IT'S LESS DENSE THAN THE PUD NEXT DOOR.
IT HAS TWO POINTS OF ACCESS THAT MEET YOUR FIRE CODE.
THE ONLY THING STANDING IN ITS WAY IS A POSITION THAT ONE PUBLIC STREET TOUCHING THIS PROPERTY IS OFF LIMITS.
AFTER THREE YEARS ON A SIX AND A HALF ACRE DONUT HOLE, THE QUESTION ISN'T WHETHER THIS PROPERTY WILL BE ACCESSED.
THE QUESTION IS WHETHER IT GETS PLANNED HERE UNDER BERNIE'S, UH, PLANNED UNIT DEVELOPMENT AND WITH YOUR CONDITIONS OR GETS DECIDED SOMEWHERE ELSE.
AND WE'D MUCH RATHER DO IT HERE.
UM, MR. MAYOR AND COUNSEL, CAN I SPEAK FOR JUST A FEW MINUTES? I'M HERE, I'M FRANCISCO VALLADEZ OR FRANK VALLADEZ, ARCHITECT OF SA PARTNERSHIP.
I LIVE HERE IN BURNEY, 114 MOUNTAIN SPRING DRIVE.
AND, AND, UM, YOU'VE SEEN A LOT OF MY PROJECTS.
I'VE DONE 50 PROJECTS IN, IN BERNIE ALONE.
UM, I'M HERE TO REPRESENT THE BUYER.
UH, MR. SPINELLI IS THE SELLER.
UM, I WAS ALSO THE AGENT FOR MR. FLORES, UH, WHO'S A, A SAVVY, WELL-KNOWN...
I MEAN, HE'S A GOOD DEVELOPER.
HE'S ALSO A GENERAL CONTRACTOR.
HE'LL BE PUTTING IN THE INFRASTRUCTURE HIMSELF.
WE'RE HERE TO REEMPHASIZE THE EXACT...
AND AS MR. WETZEL SAID, IT'S A LOWER DENSITY THAN THE NEIGHBOR'S, NEIGHBORHOOD THAT ARE, YOU KNOW, SAYING THIS IS DENSER, UH, POPULA...
I MEAN, IT'S GONNA BE DENSER THAN OUR NEIGHBORHOOD.
IT'S ACTUALLY THE OPPOSITE, ALMOST HALF.
AND MY CLIENT, UM, IS PROPOSING TO BUILD A, A, A WELL LANDSCAPE GATED, BECAUSE IT'D BE A PRIVATE, WE CAN GATE THE, UM, THE PROPERTY AND ONLY THE RESIDENTS WILL BE COMING IN FROM THE WEST ACCESS.
YOU KNOW, IF I LIVE HERE, I WOULDN'T BE COMING THROUGH THE HAMPTON, UH, NEIGHBORHOOD.
I'D BE COMING THROUGH THAT ENTRANCE.
AND THAT'S WHERE 99.99% OF THE, UM, OWNERS ARE GONNA BE DRIVING THROUGH, ACTUALLY 100%, BECAUSE MY CLIENT WANTS TO GATE THAT ACCESS WITH A KNOX BOX.
LEE, WHO I KNOW VERY WELL, WHEN I DO THE PROJECTS, WE PUT KNOX BOXES ON ALL COMMERCIAL PROPERTIES WHERE YOU HAVE A GATE AND IT'S A LOG, YOU HAVE TO PUT A KNOX BOX.
THAT'S A, A BOX WITH A KEY SO THAT THE FIRE DEPARTMENT HAS ACCESS THROUGH THAT GATE.
AND MY CLIENT IS NOT GONNA CHANGE THIS DESIGN.
WE'RE GONNA CREATE A BEAUTIFUL NEIGHBORHOOD AND PUT A GATE AT THE END OF THAT PUBLIC STREET ONLY FOR THE FIRE AND EMERGENCY SERVICES TO ENTER.
NOW, YES, UH, UH, THEY HAVE A NARROW STREET, BUT ACTUALLY FIRE HAS TO, AND EMERGENCY STILL HAS TO DRIVE THROUGH THERE.
IT DOESN'T MATTER IF YOU PARK ON THE CURB.
IF THE HOUSE ON THE END OF THAT STREET IS UNDER FIRE OR THERE'S ANY NEED FOR EMS, THEY'RE STILL DRIVING THROUGH THERE, EVEN WITH YOUR CARS PARKED ON BOTH SIDES.
SO WE'RE NOT GONNA CHANGE, WE'RE NOT ADDING VEHICLES THROUGH THAT OTHER THAN IF THERE WAS AN EMERGENCY.
SO RIGHT NOW, FIRE AND EMERGENCY SERVICES POLICE STILL NEED TO ACCESS THOSE NARROW STREETS WITHOUT OUR PROJECT EVER STARTING.
SO I'M HERE TO REEMPHASIZE TO THE COUNCIL THAT THIS IS A QUALITY DEVELOPMENT THAT'S GONNA BE NAMED...
AND, AND I DO A LOT OF DESIGN.
I WON'T SAY ALL THE PROJECTS I'VE DONE IN TOWN, BUT I TAKE CARE, THIS IS WHERE I LIVE, THIS IS WHERE I GO TO CHURCH, THAT OUR KIDS W - GREW UP AND WENT TO SCHOOL HERE.
I'M HERE IN THE PUBLIC EVERY DAY AND PEOPLE KNOW IF I DESIGN SOMETHING, I EITHER I'M GONNA HEAR ABOUT IT, EITHER PRAISE OR, OR, OR CRITIQUE.
AND, AND I'M HERE TO LISTEN AND, AND LEARN.
WELL, WHAT I WANT THE COUNCIL TO UNDERSTAND IS THE REASON WHY, AND I KNOW THIS BECAUSE I'VE DESIGNED CAR DEALERSHIPS.
I DID THE MERCEDES DEALERSHIP HERE IN BERNIE, NISSAN, MARK MOTORS, UM, THAT, THAT DEVELOPER THAT DENIED THE MILLION DOLLARS, THAT'S, THAT'S SIX AC - FIVE ACRES.
IT'S ALREADY PLATTED FOR COMMERCIAL.
IF THEY GAIN THESE SIX ACRES, IF THIS LAND GETS DEVALUED AND THEY GET IT FOR A SONG, YOU ADD SIX TO FIVE, THAT'S AN 11 ACRE TRACK.
IT COULD BE A CAR DEALERSHIP, YOU KNOW, WITHIN, WITHIN YEARS OR WHENEVER THAT HAPPENS.
SO WHAT I'M SAYING IS THERE'S A REASON WHY THEY DENIED A MILLION DOLLARS BECAUSE
[00:35:01]
THERE'S A BIGGER PLAY ON THEIR MINDS.THEY'RE AN INTER - THEY'RE A NATIONAL DEVELOPER.
THEY'RE NOT JUST HERE IN TEXAS.
THEY'RE, YOU KNOW, EAST COAST, WEST COAST, ALL THE WAY TO CANADA.
SO WHAT I'M HERE TO EMPHASIZE TO THE MAYOR AND THE COUNCIL AND THE CITY STAFF, AND I'VE ALREADY TALKING TO STAFF, WE'RE NOT GONNA CHANGE THIS DESIGN.
IT'S GONNA BE A GOOD NEIGHBOR.
IT WILL BE FULLY FENCED AND GATED, AND ONLY ACCESS THROUGH THAT END OF THAT STREET IN THE VILLAS WILL BE EMERGENCY SERVICES, FIRE, POLICE, EMS. NO RESIDENTS WILL BE DRIVING THROUGH THERE BECAUSE IT'S GONNA BE GATED.
WE DON'T WANT THAT ACCESS TO BE...
AND THAT WOULD BE A LONG, THAT WOULD BE THE SCENIC ROUTE FOR RESIDENTS TO GET TO JOHNS ROAD OR I-10.
AND I'M HERE TO ANSWER ANY QUESTION.
OH, AND IF YOU CAN ANSWER, ASK QUESTIONS, BUT WE'RE HERE TO SUPPORT, UM, BECAUSE MY CLIENT...
WE'VE ACTUALLY HAD IT UNDER CONTRACT NOW ALMOST SIX MONTHS WITH TWO EXTENSIONS BECAUSE OF THE, THE CHALLENGES THAT MR. WETZEL HAS BEEN GOING THROUGH FOR MR. SPINELLI.
YOU KNOW, I UNDERSTAND THE CONCERNS AND THEY'RE VERY VALID, BUT AS THEY WERE SAYING, IF THEY FORCE ME AND THIS GROUP WANTS TO BUY IT UP AND UNITE BOTH PIECES OF PROPERTY, THEY'RE GONNA PUT WHATEVER THEY WANT AND PROBABLY NOT SOMETHING THAT THEY WANT OR ANYBODY WANTS.
SO IT'D BE A LOT EASIER THAT, BECAUSE I DO HAVE THE RIGHT TO DO IT, AND IT'S IN THE MASTER PLAN, FOR YOU GUYS TO MANAGE IT.
AND, AND IT'S, IT MAKES SENSE.
NOBODY'S GONNA GO THROUGH THE HAMPTONS.
I MEAN, I'VE DRIVEN THROUGH THERE.
IT'S, IT'S, IT'D BE LUCRATIVE TO DRIVE THROUGH THERE.
ACTUALLY, IT'D BE BETTER IF WE WOULD OPEN THE GATE AND GIVE THEM ACCESS TO GET THROUGH JOHN, TO GET TO JOHNS ROTH THROUGH US, BECAUSE THEY'RE VERY DENSE INSIDE.
ACTUALLY, IT'D BE SAFER FOR THEM IF YOU THINK OF IT.
THEY GOTTA GO ALL THE WAY TO GET OUT OF THE OUT.
IF WE GIVE THEM ACCESS, WE STILL, OR WE GAVE IT, BUT IF THEY WANTED IT, WE COULD OPEN THEM.
ACTUALLY, WE WERE THE ONES THAT WERE GONNA GET MORE TRAFFIC FROM THEM.
THEY WILL E - THEY WILL EVER GET FROM US.
THEY WOULD HAVE FASTER ACCESS TO JOHNS ROAD.
IF THEY HAD AN EMERGENCY, IT WOULD BE EASIER FOR THEM TO HIT I-10, GO TO THE, TO THE HOSPITAL.
IT SEEMS TO ME A WIN-WIN SITUATION.
I MEAN, EVERYTHING HAS TWO POINTS OF VIEW, BUT I DON'T SEE 24 HOMES TRYING TO GO THROUGH THAT MAZE WHEN THEY CAN JUST GET OUT THERE AND HIT I-10.
I SEE THEM, IF THEY WISH, THAT WOULD OPEN THAT GATE FOR THEM, AND MOST OF THOSE FOLKS COULD GO...
IT COULD O, IT COULD ONLY OPEN ONE WAY IF THEY WANT TO.
NOBODY COULD GO INTO THEM UNLESS THE FIRE WANTED TO.
AND SO THAT WOULD REALLY ELIMINATE A LOT OF THEIR TRAFFIC THAT THEY'RE SO CONCERNED THAT THEN THEMSELF ARE PRODUCING WITH SUCH A HEAVY DENSITY IN THEIR OWN NEIGHBORHOOD.
SO IT'S A WIN-WIN SITUATION, I THINK.
IT JUST DEPENDS ON HOW YOU SEE IT, BUT, YOU KNOW, THERE'S TWO SIDES TO EVERYTHING.
I, I THINK IT, IT REALLY WORKS REALLY WELL FOR BOTH OF US, AND I THINK IT, IT ACTUALLY MAKES THEIR SUBDIVISION SAFER.
IF THEY WANT EMERGENCY, THEY CAN COME THROUGH US TOO, BECAUSE IT'S KIND OF COMPLICATED IF YOU DRIVE THE NEIGHBORHOOD.
UH, MAYOR, JUST ONE CLARIFICATION.
I FAILED TO, UH, REMEMBER THAT THE, UH, COMMISSION, UH, CLARIFIED THEIR VOTES.
WE HAD NEW COMMISSIONER AND TRYING TO UNDERSTAND THE MOTION, SO IT WAS ACTUALLY A RECOMMENDATION OF 604 DENIAL RATHER THAN THE 51.
IF WE HAVE NO QUESTIONS OR COMMENTS FROM COUNCIL, WE'LL MOVE INTO THE OPEN MEETING.
WE'RE GONNA OFFICIALLY OPEN UP THE OPEN MEETING FOR AGENDA ITEM 2026-431.
UM, WOULD ANYONE LIKE TO COME FORWARD AND SPEAK NOW, COME TO YOUR PODIUM AND STATE YOUR NAME AND ADDRESS, AND YOU'LL HAVE THREE MINUTES.
ERIC MUNOZ, 137 HAMPTON COVE IN BERNIE.
I'M A LITTLE UPSET BECAUSE I, I'M NOT USED TO, UH, SOMEBODY COMING UP HERE AND THREATENING COUNSEL WITH LITIGATION, AND, UM, THAT JUST MAKES ME FEEL VERY UNEASY.
UM, THEY'RE, THEY'RE TRYING TO BYPASS PLANNING AND ZONING AND COMING DIRECTLY TO YOU AND THEN THREATENING YOU.
I DON'T, LIKE, AS YOU CAN TELL, I'M A LITTLE UPSET.
BUT, UM, A FEW THINGS I'D LIKE TO BRING UP.
THE FIRST CORE VALUE OF INTEGRITY IS TO MAINTAIN THE HIGHEST ETHICAL STANDARDS AND PUBLIC TRUST.
[00:40:01]
THIS COUNCIL MUST DENY THIS DECISION UNTIL NEIGHBORHOOD DATA IS FULLY TRANSPARENT.TRUE COLLABORATION AND RESPECT MEAN VALUING THE COMMUNITY'S HERITAGE AND ACTIVELY LISTENING TO LOCAL FAMILIES BEFORE PUSHING THIS FORWARD, NOT JUST CHECKING A BOX.
AS A BENCHMARK, EXCELLENCE REQUIRES A THOROUGH LONG-TERM PLAN.
THE CURRENT PROPOSAL FEELS RUSHED AND FALLS, FALLS SHORT OF THE HIGH STANDARD BERNIE RESIDENTS EXPECT AND DESERVE.
LAST, LASTLY, EVERY WEEK YOUR STAFF PRESENTS SLIDE DECKS STAMPED WITH THE VALUES OF INTEGRITY, COLLABORATION, RESPECT, SERVICE, AND EXCELLENCE.
I AM ASKING THE MAYOR AND THE COUNCIL TONIGHT TO TAKE THOSE WORDS OFF THE BOTTOM OF THE SLIDES AND PUT THEM INTO ACTION BY VOTING NO ON THIS ITEM.
ANYONE LIKE TO COME FORWARD INTO THE PODIUM AND SPEAK?.
UM, MY NAME IS ERIN GRAVES, 112 HAMPTON WAY.
I MADE QUICK NOTES, BUT I JUST FEEL LIKE THERE'S BEEN A NATURAL EROSION OVER THIS ENTIRE PROCESS IN TRUST WITH THIS DEVELOPER BECAUSE EVERY TIME THEY'VE PROPOSED A PLAN TO US, THEY'VE GOTTEN UP AND SAID VERBALLY WHAT THEY PLAN TO DO, WHAT THEY PROMISE, AND THAT'S NOT REFLECTED WITHIN THEIR PLANS.
UM, IT'S GATED, BUT WE'RE ALLOWED TO GO THROUGH THEIR COMMUNITY SOMEHOW TO REACH JOHNS ROAD AND WE CAN JUST GO THE EXACT SAME DISTANCE THROUGHOUT OUR, OUR, OUR WHOLE, YOU KNOW, OUR NEIGHBORHOOD TO REACH JOHNS ROAD.
UM, IT'S JUST, UH, 100% OF THEIR TRAFFIC IS GOING TO GO ONE DIRECTION.
IF THEY WANNA GO TO LATTIMORE, I CAN GUARANTEE YOU THAT THEY'RE NOT GOING OUT JOHNS ROAD TO GET TO LATTIMORE.
UM, BUT THROUGHOUT THIS WHOLE PROCESS, I JUST FEEL LIKE THEY WANT TO VERBALLY PLACATE US AT THIS MEET, AT THESE MEETINGS, BUT IT'S NOWHERE REFLECTED IN THEIR PLANS.
UM, SO I JUST DON'T FEEL LIKE THIS SHOULD MOVE FORWARD BASED ON VERBAL COMMUNICATION WITH US.
UM, THEIR PLANS NEED TO BE MORE SURE BEFORE THEY PRESENT THEM, BUT THAT'S ALL I WANTED TO SAY.
I JUST FEEL VERY UNEASY WITH HOW EVERY SINGLE MEETING HAS GONE THUS FAR.
UM, JUST SOUNDS LIKE A LOT OF PLACATING TO US TO MAKE US FEEL BETTER WHEN THEIR PLANS DO NOT REFLECT WHAT THEY'RE SAYING.
FRANK VALDEZ, UM, 114 BERNIE, TEXAS AND...
I'M SPEAKING NOW AS A CITIZEN WHO'S AN ARCHITECT AND A LAND PLANNER.
I WANNA HELP EDUCATE THE PUBLIC TO UNDERSTAND, AND I C...
WHEN YOU ASK FOR ANNEXATION OR FOR GETTING THINGS APPROVED, UH, THROUGH, UM, PNZ, IT'S NOT A REQUIREMENT TO HAVE 100% COMPLETED DESIGN.
IT'S NEVER 100% COMPLETED DESIGN.
NO CLIENT WOULD HIRE AN ARCHITECT, AN ENGINEER, AND COMPLETE A SET OF DRAWINGS AND ENGINEERING THAT IS GONNA COST OVER 100 TO $150,000 IN FEES AND THEN ASK FOR APPROVAL.
NOWHERE IN THIS STATE, NOWHERE IN THIS UNITED STATES.
SO I WANT THE PUBLIC TO UNDERSTAND WE'RE NOT TRYING TO PULL FAST ONES.
AS AN ARCHITECT AND AS A DESIGNER AND AS AN ENGINEER AND, AND REAL ESTATE, OWNERS, SELLERS, OWNERS OF PROPERTY OR DEVELOPERS LIKE MY CLIENT WILL PAY A CERTAIN AMOUNT OF FEE.
THEY PUT A CERTAIN AMOUNT OF RISK IN INVESTMENT SO THAT WE CAN GET THESE APPROVALS AND MOVE FORWARD.
WE CAN'T COME IN WITH 100% DESIGN COMPLETE.
THAT ISN'T A RISK NO ONE'S GONNA TAKE.
I DON'T CARE IF YOU'RE ELON MUSK AND YOU'VE GOT M- MONEY TO BURN.
NO ONE'S GONNA PAY FOR 100% DESIGN AND ENGINEERING.
IT'S A PROCESS WORKING WITH CITY ENGINEERS, CITY STAFF, WORKING WITH COUNCIL, WORKING WITH PNZ.
I WENT THROUGH THE WHOLE PROCESS AND MY CLIENT'S NOT WORRIED ABOUT THE HISTORIC HOUSE.
I'VE HAD MORE CHALLENGING HISTORIC STRUCTURES.
I GO THROUGH LANDMARK COMMISSION HERE SINCE I MOVED HERE IN 2000.
I GET THINGS APPROVED BECAUSE I DO THE HOMEWORK AND DO THE WORK AND I MAKE SURE I HAVE CONSENSUS.
[00:45:01]
LANDMARK COMMISSION SAYS, FRANK, WE LIKE EVERYTHING, BUT WE WANT YOU TO CHANGE THE FENESTRATION OF THOSE WINDOWS.WE WANT YOU TO CHANGE THE MATERIALS OF THAT STONE.
WE WANT IT TO BE MORE REGIONAL.
I MEAN, I'M, THAT'S, I MEAN, THAT'S PART, THAT'S THE HILL COUNTRY MILE.
I CAME UP WITH THE NAME WITH HILL COUNTRY MILE AND I GAVE IT TO RON BOWMAN AS A GIFT BECAUSE I KNEW THE CHALLENGE WHEN I FIRST MOVED HERE, THE CHALLENGE FOR BERNIE WAS EVERYBODY WANTED TO KEEP BERNIE GREAT ON MAIN STREET, AND I TOLD CHRIS TURK AND I TOLD RON BOWMAN, I SAID, "WELL, IF YOU WANNA MAKE THIS AN INCREDIBLE PROTECTED STREET, MAKE IT A MILE, NOT A GOLDEN BLOCK.
MAKE IT A GOLDEN MILE AND CALL IT HILL COUNTRY MILE." THAT WAS BACK IN EARLY 2000, 2005.
I'VE DONE A CENTRAL BUSINESS DISTRICT MASTER PLAN IN 2007 TO PROTECT MAIN STREET.
SO THAT HOUSE, WE'RE GONNA IMPROVE AND MAKE IT IN- INCREDIBLE.
I ALSO OWN 911 SOUTH MAIN ON MAIN STREET.
I ALSO RAN FOR CITY COUNCIL 15 YEARS AGO.
I WAS A LOT PRETTIER THEN THOUGH.
YOU KNOW, WHEN I BOUGHT THE PROPERTY, YOU KNOW, I'M IN YOUR MASTER PLAN.
THEY HAVE RIGHTS, I HAVE RIGHTS, AND YOU'RE HERE TO FIND A HAPPY MEDIUM.
AND WE WERE PRESENTED EVERYTHING THAT WE CAN, THAT THEY'RE VERY VALID, YOU KNOW, PLANS THAT, THAT WORKS.
YOU KNOW, NOBODY CAN GET 100% OF, OUT OF ANYTHING.
AND SO WE'RE WILLING TO COMPROMISE AND WE'RE WILLING TO CHANGE AND WE'VE DONE IT.
I SPENT A LOT OF MONEY CHANGING.
I SPENT A LOT OF MONEY TRYING TO BUY AN, AN EASEMENT IN.
I'VE DONE EVERYTHING I CAN, BUT I BELIEVE THAT THIS COUNTRY, I HAVE THE RIGHT TO, TO DEVELOP IT.
THEY CAN MAKE A HEAVY DEVELOPMENT AND THEN CLOSE THE DOOR AND SAY THAT I CANNOT.
THAT'S NOT AMERICA, YOU KNOW? WE ALL HAVE A CHANCE AND, UM, I THINK YOU SHOULD GIVE ME A CHANCE.
IT'S JUST WHAT AMERICA WAS BUILT ON.
PEOPLE LIKE ME MOVING FORWARD.
I WANNA BEND THE MICROPHONE TO THE SIDE.
MY NAME'S MACKENZIE CONLEY AND I LIVE AT 101 HAMPTON COVE.
THERE'S BEEN A LOT OF TALKING ABOUT, YES, THE THREAT OF LITIGATION AND WHAT THEY'VE THROWN A MILLION DOLLARS AT THIS SIDE ROAD, BUT HERE'S SOME THINGS THEY HAVEN'T TALKED ABOUT.
AS MUCH AS WE MAY NOT WANNA SAY IT OUT LOUD, THIS IS THE LOW INCOME PORTION OF BERNIE.
YOU BUILD UNITS THAT ARE 750,000 TO A MILLION DOLLAR UNITS, 29 OF THEM, WE WON'T BE ABLE TO PAY WHEN THE TAXES RAISE.
YOU'RE KICKING OUT FAMILIES RIGHT BY A SCHOOL.
YES, EMERGENCY VEHICLES DO HAVE TO GET INTO OUR NEIGHBORHOOD TO ACCESS US, BUT FROM THE LAST MEETING THAT I'M NOT SURE HOW MANY OF Y'ALL WERE AT, IT WAS POINTED OUT THAT THESE ARE GONNA BE TARGETED AT COURTIER GRANDPARENTS THAT JUST WANNA BE ABLE TO SEE THEIR GRANDKIDS MOVE CLOSER.
YOU DON'T THINK EMERGENCY ACCESS IS GONNA BE USED MORE OFTEN FOR THE ELDERLY? I'M NOT ELDERLY, AND LET ME TELL YOU WHAT, IT'S USED PRETTY OFTEN IN OUR NEIGHBORHOOD EITHER WAY, EVEN FOR ME.
AND I'M AT THE BEGINNING OF THE NEIGHBORHOOD.
I SEE THE TRAFFIC THAT COMES IN AND OUT.
I SEE IT ALL BECAUSE I'M STUCK AT HOME.
SO GO AHEAD AND TALK ABOUT THROWING YOUR MONEY AROUND, TALK ABOUT HOW MUCH YOU FOUGHT FOR IT, THREATEN US WITH THE PEOPLE WHO OWN THE HOTEL BUYING IT AND TURNING IT INTO A CAR LOT.
AT THE END OF THE DAY, THEY OWN THAT ROAD.
SO WOULD THEY BE FIGHTING US TO USE OUR NEIGHBORHOOD TO CAUSE MORE TRAFFIC ISSUES, TO CAUSE MORE THREAT TO CHILDREN WHO ARE WALKING HOME, WHO ARE RIDING THEIR BIKES, WHO ARE JUST TRYING TO LIVE OUT THEIR CHILDHOODS? NO.
AT THE END OF THE DAY, AMERICA SHOULD BE FREE TO GROW UP IN, NOT TO BE SUPPRESSED BY THE PEOPLE WHO HAVE MONEY, WHO THROW IT AROUND AND ACT LIKE THIS IS MY CHANCE.
THIS NEIGHBORHOOD MAY NOT BE AS DENSE OR THIS PLOT OF LAND MAY NOT BE AS DENSE AS OURS.
BUT A LOT OF US DIDN'T HAVE A CHOICE.
THIS WAS OUR ONLY WAY TO LIVE IN THE CITY OF BERNIE.
AND SO I'D LIKE Y'ALL TO TAKE THE ACCOUNT.
THEY'RE THREATENING Y'ALL WITH LITIGATION.
THEY'VE PUSHED TIME AND TIME AGAIN, HOPING THAT LESS OF US WOULD SHOW UP, LESS OF US WOULD FIGHT FOR OUR OWN COMMUNITY.
IF ANYTHING, IT'S ONLY BOUND US MORE TOGETHER.
TO ME, IF WE CONTINUE PUSHING THIS AND WE CONTINUE HAVING TO COME TO THESE MEETINGS, HAVING TO DO THAT, YOU'RE GONNA GET REAL FAMILIAR WITH ALL OF OUR FACES BECAUSE WE'RE NOT GONNA STOP.
[00:50:02]
AND SURE, THEY CAN HAVE MONEY, THEY CAN WASTE ALL THE MONEY THEY WANT, BUT WE'RE NOT GONNA STOP DEFENDING OUR NEIGHBORHOOD AND OUR LIVES BECAUSE THIS IS AMERICA AND EVERYBODY GETS AN EQUAL CHANCE TO LIVE THEIR LIFE, NOT JUST BUILD SOMETHING TO GAIN MONEY.ANYONE LIKE TO COME FORWARD? IF NOT, WE'LL OFFICIAL...
I DON'T HAVE A WHOLE LOT TO SAY EXCEPT THAT I'M VIRGINIA GARZA.
I'VE LIVED THERE SINCE I MOVED TO BERNIE 20 YEARS AGO.
I LOVE THE, THE WAY THE KIDS RUN THROUGH THE STREETS AND IN THE YARDS.
I DON'T BELIEVE ANYBODY IN OUR NEIGHBORHOOD HAS ANY ILL INTENT FOR THESE GENTLEMEN, AND WE WISH THEM WELL, JUST NOT AT THE CONSEQUENCE OF OUR NEIGHBORHOOD.
WHAT THEY'RE PROPOSING WILL AFFECT OUR NEIGHBORHOOD IN A VERY NEGATIVE WAY, AND WE'RE GONNA FIGHT THAT AS MUCH AS POSSIBLE.
I MEAN, IF MY BROTHER CAME UP AND TORE UP SOMEBODY'S YARD, I'D MAKE AN ISSUE BECAUSE WE DEFEND WHAT WAS OURS.
WE WORKED HARD FOR WHAT WE HAD.
IT'S NOT A $750,000 HOME, BUT IT'S MY HOME AND I SPENT 20 YEARS MAKING IT THE VERY BEST THAT I COULD.
AND I BELIEVE EVERYBODY IN OUR NEIGHBORHOOD HAS THAT ATTITUDE.
NO ONE ELSE LIKE TO COME FORWARD.
WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING AT 7:27 PM.
COUNCIL MEMBERS, WE HAVE ANY QUESTIONS OR CONCERNS, ANY, ANY NEW QUESTIONS FOR M**K OR ANYTHING LIKE THAT OR ANY COMMENTS TO THE, FOR THE APPLICANT OR FOR, UM, STAFF? IF NOT, CAN WE ENTERTAIN
[8.B. 2026-426 RECEIVE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING, AND CONSIDER ON THE FIRST READING ORDINANCE NO. 2026-21; 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, BY ZONING APPROXIMATELY 6.46 ACRES FROM HOL-INTERIM HOLD ZONING DISTRICT TO R3-D-PUD PLANNED UNIT DEVELOPMENT ZONING DISTRICT, LOCATED AT 727A JOHNS ROAD (KAD NO. 14393).]
A MOTION ON AGENDA ITEM 8A 2026? BASED ON THE, UH, DISCUSSION AND COMMENTS, WE RESPECTFULLY WITHDRAW THE ANNEXATION AND ZONING REQUEST BEFORE COUNCIL TAKES ANY ACTION.WE APPRECIATE THE FEEDBACK AND INTEND TO EVALUATE COMMENTS AND DETERMINE AN APPROPRIATE PATH FORWARD.
NICK, DOES THAT SUFFICE? CAN WE...
IS THAT AN OPTION? THAT IS AN OPTION TO ACCEPT THE REQUEST TO WITHDRAW.
WE HAVE TO MAKE A MOTION FROM COUNCIL TO ACCEPT THAT REQUEST.
MUST IT BE ACCEPTED? I'M JUST ASKING FOR CLARIFICATION.
WE HAVE TRADITIONALLY AND BERNIE - OKAY.
ANY COMMENTS, QUESTIONS FOR COUNSEL? IF IT'S LEGAL ADVICE, THEN WITH HIM.
CAN I GET SOMEONE TO ENTERTAIN A MOTION TO ACCEPT A PROPOSAL TO DRAW, WITHDRAW THEIR ANNEXATION AND...
I PROPOSE WE ACCEPT THE WITHDRAWAL OF THE, UH, REQUEST FOR ANNEXATION AND HONING OR ZONING.
SECOND FROM COUNCIL MACALUSO, PLEASE VOTE.
JAS, DO WE NEED A VERBAL? WE'RE DOING A VERBAL ON THIS ONE BECAUSE IT'S NOT ON THE...
CAN I GET A MO - A VERBAL, UH, YAY OR NAY? YAY.
MOTION TO REMOVE, UH, PETITION IS APPROVED.
[8.C. 2026-492 CONSIDER A ONE-TIME READING OF ORDINANCE NO. 2026-22; AS PERMITTED BY THE CITY OF BOERNE’S HOME RULE CHARTER SECTION 3.11.A. ]
WILL OFFICIALLY MOVE ON TO AGENDA ITEM 8C, CONSIDERING ONE TIME, CONSIDERING A ONE-TIME ORDINANCE, UH, 2026-492, CONSIDER A ONE-TIME READING ORDINANCE NUMBER 20, 2026-22 AS BY CITY OF BERNIE'S HOMEROOM CHARTER SECTION 311A, PRESENTING NATHAN CRAY NATHAN.THANK- THANK YOU, MAYOR, MEMBERS OF THE COUNCIL.
SO YOU GOTTA, YOU GOTTA VOTE ON THE ONE-TIME RATING, MAYOR.
[00:55:01]
COUNCILMAN BUNKER, PLEASE VOTE.[8.D. 2026-427 RECEIVE THE RECOMMENDATION FROM THE PLANNING AND ZONING COMMISSION, HOLD A PUBLIC HEARING AND CONSIDER ORDINANCE NO. 2026-22; AN ORDINANCE OF THE CITY OF BOERNE, TX, AMENDING THE UNIFIED DEVELOPMENT CODE ADOPTED BY ORDINANCE NO. 2020-29 ON NOVEMBER 24, 2020, INCLUDING BUT NOT LIMITED TO CHAPTER 1 - GENERAL PROVISIONS; CHAPTER 2 - GENERAL PROCEDURES; CHAPTER 3 - ZONING; CHAPTER 4 - RESIDENTIAL SITES; CHAPTER 5 - NONRESIDENTIAL SITES; CHAPTER 8 - ENVIRONMENTAL DESIGN; APPENDIX A - DEFINITIONS; AND APPENDIX D - DARK SKY REGULATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A PENALTY FOR VIOLATION; AND CONTAINING A SEVERANCE CLAUSE. (Amendments to Unified Development Code)]
AGENDA ITEM AD 2026-427.RECEIVE THE RECOMMENDATION OF PLANNING AND ZONING COMMISSION HON A PUBLIC HEARING AND CONSIDER ORDINANCE NUMBER 2026-22, AN ORDINANCE OF THE CITY OF BERNIE, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE ADOPTED BY ORDINANCE NUMBER 2020-29 ON NOVEMBER 24TH, 2020, INCLUDING BUT NOT LIMITED TO CHAPTER ONE, GENERAL PROVISIONS.
CHAPTER TWO, GENERAL PROCEDURES, CHAPTER THREE, ZONING, CHAPTER FOUR, RESIDENTIAL SITES.
CHAPTER FIVE, NON-RESIDENTIAL SITES, CHAPTER EIGHT, ENVIRONMENTAL DESIGN.
APPENDIX A, DEFINITIONS AND APPENDIX D, DARK SKY REGULATIONS, REPEALING ALL ORDINANCES IN CONFLICT PROVIDING A PENALTY FOR VIOLATION AND CONTAINING THE SEVERANCE CLAUSE.
SO I HAVE TO SAY IT BEFORE WE...
UM, MAY I MAKE A MOTION THAT WE APPROVE A ONE-TIME READING OF ORDINANCE NUMBER 2026-22 AS PERMITTED BY THE CITY OF BERNIE HOME RULE CHARTER SECTION 3.11.
NOW WE GOT A SECOND FOR COUNCIL BUNKER.
THANK YOU, MAYOR, MEMBERS OF COUNCIL.
UH, GOOD EXAMPLE OF LEARN SOMETHING NEW EVERY DAY.
LET ME SEE IF I CAN GATHER MY THOUGHTS FOR A SECOND HERE.
UH, THIS IS HOW THE ACTION, WE BELIEVE, ALIGNS WITH OUR STRATEGY MAP.
IF YOU RECALL, THIS, UH, PROCESS STARTED IN MARCH OF THIS YEAR, UH, WHEN WE HAD A JOINT SESSION WITH THE, UH, PLANNING AND ZONING COMMISSION TO DISCUSS THE PROPOSED AMENDMENTS.
UH, WHAT I'M GONNA OUTLINE FOR YOU IS, IS WHAT WE'VE WORKED ON A- AS MAJOR TOPICS.
UH, WE ARE PROPOSING REVISIONS TO OUR PLAT REVIEW PROCESS.
AND I'LL EXPLAIN ALL THIS IN DETAIL.
UH, PLAT EXEMPTIONS, UH, A- ADMINISTRATIVE SITE PLAN REVIEW, UH, CONSTRUCTION PERMITS AND PROCEDURES.
AND FINALLY, AT THE END, I WON'T READ THEM ALL, UH, DARK SKY REGULATIONS FOR DARK SKY CERTIFICATION.
AS YOU RECALL, HB, UH, 3699, UH, CHANGED, UH, SUBDIVISIONS AND, UH, ALLOWS...
IT STATES THAT, UH, PLAT REVIEW IS A STATUTORY PROCESS AND DISCRETION IS LIMITED TO CITY COMPLIANCE WITH CITY REGULATIONS.
YOU CAN SEE THE CHART BEFORE YOU OF OUR CURRENT DEVELOPMENT PROCESS.
UH, WE HAVE A, UH, PRE-APPLICATION MEETING.
THEN WE HAVE WHAT WE CALL LAND STUDY.
UH, THAT LAND STUDY, WHAT IT DOES IS IT IDENTIFIES THE EXISTING CONDITIONS, EXISTING CHARACTERISTICS, WHETHER THEY BE FLOODPLAIN, UH, DPZS, TREES, ANYTHING LIKE THAT ON THE SITE.
UH, WE DO A MASTER DEVELOPMENT PLAN, UH, AND THAT CAN BE APPROVED BY PNZ OR ADMINISTRATIVELY, DEPENDING ON THE SIZE OF THE PROJECT.
UH, FOLLOWING THAT, UH, WE HAVE, UH, PUBLIC INFRASTRUCTURE PLAN, UH, DRAFTING AND APPROVAL.
AND THEN FINALLY, WE HAVE PLAT APPROVAL.
UH, SO AT THE PLAT APPROVAL STAGE, THIS WOULD BE THE FIRST TIME IN PUBLIC, ASSUMING IT'S A MAJOR SUBDIVISION, THAT A BOARD, UH, APPOINTED BOARD WOULD SEE THIS PLAT.
ONE OF THE THINGS THAT WE REALLY FOCUSED ON DURING THIS AMENDMENT IS TRYING TO, UH, EMPHASIZE THE NEED TO BRING THE DECISIONS FOR - MORE FORWARD IN THE DEVELOPMENT REVIEW PROCESS.
UH, BY DOING THAT, UH, WE HOPE TO INFLUENCE THE DEVELOPMENT AND IN COMPLIANCE WITH OUR ENVIRONMENTAL, UH, REGULATIONS.
HONDA CAME IN AND- AND, UH, THEY SPENT, UH, QUITE A BIT OF MONEY, UH, DESIGNING A SITE PLAN WHEN WE FINALLY GOT AHOLD OF IT.
UM, IT TOOK SIX, EIGHT MONTHS TO NEGOTIATE AND- AND WORK ON REVISIONS TO THAT.
SO WE'RE HOPING TO BRING THAT FORWARD BEFORE A LOT OF TIME AND EXPENSE HAS GONE BY.
UH, THEN WE HAVE, UH, PUBLIC INFRASTRUCTURE CONSTRUCTION, UH, BUILDING PERMIT, THEN BUILDING CONSTRUCTION, AND FINALLY PROJECT COMPLETION.
THIS IS ALL A LINEAR PROCESS, SO ONE SHOULD NOT OCCUR WITHOUT, UH, THE PREVIOUS STEP BEING DONE.
WHAT WE'RE PROPOSING IS- IS A COMBINATION OF, UH, CONCURRENT REVIEWS AND MOVING THAT DECISION UP FRONT.
UH, WE'LL HAVE A PREAPPLICATION...
[01:00:01]
WHAT WE CALL A MASTER DEVELOPMENT PLAN.UH, THOSE ARE FOR, UH, PROJECTS OVER 10 ACRES, IF I RECALL CORRECTLY, AND, UH, MULTIPLE PHASES WHERE THAT WOULD BE APPROVED BY THE PLANNING AND ZONING COMMISSION.
UH, THEN THEY WOULD FILE A PRELIMINARY PLAT.
IF THAT WASN'T REQUIRED, YOU WOULD JUST GO RIGHT TO THE PRELIMINARY PLAT.
UH, THAT WOULD ALSO BE REVIEWED BY PLANNING AND ZONING COMMISSION.
AT THAT POINT, APPLICANT HAS SOME ASSURANCES OF, OF WHAT THE GENERAL LAYOUT OF THE SUBDIVISION IS.
OBVIOUSLY, IF THERE'S CHANGES, WE DE - WE DECIDE IF IT'S GOING, WE'RE GONNA RESTART OR WHAT WE HAVE TO DO.
IF THEY'RE ADDING LOTS, WE'RE GOING BACK FOR PRELIMINARY PLAT APPROVAL.
IF THEY'RE REDUCING, WE CAN, UH, MOVE FORWARD.
UH, THEN THEY PREPARE THE PUBLIC INFRASTRUCTURE PLANS, THE FINAL PLAT, UH, AND THEN, UH, THEY CAN APPLY FOR BUILDING PERMITS, SITE DEVELOPMENT PERMITS, ALL OUR CONSTRUCTION PERMITS, AND, UH, THOSE THINGS CAN BE CONSTRUCTED CONCURRENTLY.
UH, WE UNDERSTAND THAT, UH, ESPECIALLY DOWNTOWN, IT'S A VERY UNIQUE DEVELOPMENT PATTERN, UH, ONE THAT WE DON'T SEE EVERYWHERE.
UM, AND SO WE'RE PROPOSING SOME EXEMPTIONS.
UH, A LOT OF THIS, UH, LAND WAS DIVIDED, UH, WAY BACK WHEN, UH, AT LEAST BEFORE ME.
I DON'T KNOW ABOUT THE REST OF YOU GUYS, BUT AT LEAST BEFORE ME.
UH, SO,
WE DIDN'T NEED ANY NEW RIGHT OF WAY OR EASEMENTS OR PUBLIC ACCESS.
UH, AND IF WE COULD ADDRESS THE UTILITIES AND FIRE ACCESS, UH, THROUGH OUR SITE DEVELOPMENT OR BUILDING PERMIT.
SOME OTHER PROCESS IMPROVEMENTS THAT WE HAVE, UH, WE'RE INSTITUTING ADMINISTRATIVE SITE PLAN REVIEW.
WE REALLY DON'T S - TODAY, WE DON'T SEE THAT SITE PLAN REVIEW UNTIL, UH, A BUILDING PERMIT IS FILED.
AT THAT TIME, UH, A LOT OF TIME AND EFFORT HAS GONE THROUGH IN PREPARING THE CONSTRUCTION PLANS.
UH, WE WOULD LIKE TO HAVE ADMINISTRATIVE REVIEW, UH, A FORMAL ADMINISTRATIVE REVIEW OF THAT SITE PLAN PRIOR TO THEM FILING FOR A BUILDING PERMIT.
IN MANY CASES, WE'RE DOING CURSORY REVIEWS, UH, BUT WE LIKE TO FORMALIZE THAT.
UH, WE'RE CLARIFYING OUR DRAINAGE AND LID REQUIREMENTS, PARTICULARLY IN REDEVELOPMENT AREAS, UH, DOWNTOWN AND BUILDING ADDITIONS.
UH, CONSTRUCTION PROCESS, AS I MENTIONED, CONCURRENT REVIEWS AND, AND CONSTRUCTION, UH, ALLOWING WHAT WE CALL FOUNDATION PERMITS, UH, AND TEMPORARY CERTIFICATES OF OCCUPANCIES.
UH, IT'S NOT SPECIFICALLY LISTED IN OUR UDC.
IT IS LISTED IN BUILDING CODE.
UH, SO WE DO THOSE, WE JUST WANNA CODIFY WHAT WE'RE DOING.
UH, WHAT THAT'S USED FOR IS YOU'LL HAVE A LARGE COMMERCIAL BUILDING OR EVEN A SMALL ONE LIKE SCOOTERS, UH, THAT WILL WANNA COME IN AND THEY'LL WANT TO TRAIN STAFF OR THEY'LL WANT TO, UH, INSTALL THEIR CABINETRY AND MACHINES AND THINGS LIKE THAT.
WE ALLOW THEM TO DO THAT, UH, OBVIOUSLY WITH APPROVAL FROM ALL THE OTHER DEPARTMENTS, INCLUDING FIRE.
PERMITTED USES, WE'RE MAKING, WE'RE SUGGESTING A NUMBER OF CHANGES TO OUR PERMITTED USES, UH, IN TRYING TO BE PROACTIVE, UH, WITH DATA CENTERS.
NOW, WE HAVE NOT HAD ANYBODY REACH OUT TO US ASKING ABOUT A DATA CENTER OR WHERE IT COULD BE BUILT OR ANYTHING LIKE THAT.
WE JUST FELT THAT IT WAS IMPORTANT TO BE PROACTIVE AND GET AHEAD OF, UH, THE GAME JUST IN CASE.
UM, UH, WE'RE INCLUDING, UH, REQUIREMENTS FOR, UH, STUDIES REGARDING WATER AND ELECTRICAL USAGE, TRAFFIC GENERATION, NOISE, AND SEPARATION STANDARDS.
UH, THEY WOULD BE ALLOWED IN THE I2 AND I3 DISTRICTS SUBJECT TO A SPECIAL USE PERMIT, WHICH MEANS THE COUNCIL WOULD HAVE LEGISLATIVE AUTHORITY OVER GRANTING, UH, THAT PROJECT.
UH, VAPE SHOPS, CB- CBD DISPENSARIES AND TATTOO STUDIOS, UH, ALSO BE ALLOWED IN C3 AND C4, SUBJECT TO THAT SAME SPECIAL USE PERMIT THAT YOU'RE FAMILIAR WITH.
AND FINALLY, PERMANENT COSMETICS WOULD BE ALLOWED IN OUR OFFICE DISTRICT AND OUR COMMERCIAL DISTRICTS.
THOSE ARE, UH, NORMALLY CAN BE ASSOCIATED WITH SALONS AND, AND NAIL SALONS AND THINGS LIKE THAT.
ENVIRONMENTAL REG- REGULATIONS.
UH, WE'RE UPDATING OUR ZEROSCAPE AND IMPERVIOUS COVER.
AS YOU KNOW, UH, THERE CAN BE A CHALLENGE BETWEEN, UH, DOING ZEROESCAPE AND, AND WATER RUNOFF.
UH, SO REALLY, UH, WHAT WE'RE TRYING TO DO IS ADDRESS THAT ISSUE THROUGH HOW IT'S INSTALLED, RIGHT? IF YOU GO DOWN AND YOU, UH, IF YOU DO THE, UH, CLASSIC, UH, APPROACH WHERE YOU PUT THE LANDSCAPE FABRIC DOWN OR THE PLASTIC DOWN TO, UH, FOR THE WEEDS AND YOU PUT ROCK ON TOP, OBVIOUSLY THAT, UH, BECOMES IMPERVIOUS BECAUSE WATER CAN'T GET THROUGH.
SO WE'RE, UH, DOING THAT THROUGH, UM, UH,
[01:05:02]
DESIGN REQUIREMENTS.ALSO WITH ARTIFICIAL TURF, UH, WE ALL KNOW THE VERY EXPENSIVE FOOTBALL FIELDS THAT CAN DRAIN WATER REALLY QUICKLY.
A LOT OF IT GOES DOWN, SO THERE IS A WAY TO DESIGN IT FOR WATER TO GO.
NOT SAYING THAT THEY HAVE TO DO THE FANCY DESIGN, BUT THERE'S A WAY TO ADDRESS THAT.
UH, HVAC CONDENSATION AND RAINWATER CAPTURE, IT'S REQUIRED FOR ALL NONRESIDENTIAL, NEW NONRESIDENTIAL PROJECTS.
UH, THE FIRST PRIORITY WOULD BE TO USE THAT WATER FOR, UH, LANDSCAPING.
AND THEN IF WE HAD EXTRA WATER, FOR EXAMPLE, IF YOU HAD A WAREHOUSE OR A LARGE OFFICE BUILDING, HOSPITALS, SOMETHING LIKE THAT, THAT PRODUCES A LOT OF, UH, CONDENSATION CAPTURE, UH, THEY COULD POSSIBLY USE THAT FOR NONPOTABLE SOURCES.
UH, BUT WE WANT TO COVER THE, UH, LANDSCAPE AREA FIRST.
UH, DARK SKY, UH, AT, THESE UPDATES ARE NEEDED FOR OUR DARK SKY, INTERNATIONAL DARK SKY COMMUNITY CERTIFICATION, AND THE GOOD NEWS IS, UH, WE'RE DOWN TO THE FINAL STEPS FOR, UH, SUBMITTING THAT APPLICATION.
UM, AND WE HOPE TO HAVE THAT FORMALLY SUBMITTED, UH, END OF THIS YEAR, BEGINNING OF NEXT YEAR.
UM, WE HAVE SOME NEW SECTIONS.
UH, IT IS, OUR UPDATES ARE BASED ON THE MODEL ORDINANCE THAT THEY PROVIDED AND, AND THE REVIEW THAT THEY DID OF OUR EXISTING CODE.
WE DO HAVE SOME NEW SECTIONS IN THERE, UH, FOR OUTDOOR SALES, ILLUMINATED SIGNS, SEASONAL LIGHTING, AND RESIDENTIAL SPORTS LIGHTING.
UH, WE ARE CLARIFYING OUR OFFSITE, UH, LIGHT TRESPASS REQUIREMENTS.
UH, AND WE'RE USING A SCIENTIFIC RECOMMENDED EXTERIOR LIGHTING LEVELS.
UH, THIS IS WHAT WE USE FOR HONDA, AND WE'RE ABLE TO NEGOTIATE THOSE, UH, LIGHTING LEVELS DOWN QUITE A BIT BASED ON THAT.
THE, UH, PLANNING ZONING COMMISSION HELD A WORK SESSION ON AUGUST 3RD.
OBVIOUSLY, WE DID THE WORK SESSION IN MARCH.
UH, P&Z DID A WORK SESSION AUGUST 3RD, HELD A PUBLIC HEARING ON SEPTEMBER 14TH, AND THEN, UH, ARE RECOMMENDING APPROVAL, UH, WITH THE INCREASE, UH, THE BU - THE INCREASE IN THE BUFFER FROM A DATA CENTER AND RESIDENTIAL TO A THOUSAND FEET.
WITH THAT, HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE ON THESE PROPOSED AMENDMENTS.
UM, IN THE, IN THE, UH, REVISED, UH, APPROVAL PROCESS, PLATTING, ET CETERA.
AND I KNOW WE HAVE TO MEET THE NEW STATE LAW.
WHERE DOES THE BOND MEETING OR COUNCIL INPUT COME INTO THAT PROCESS? I DIDN'T SEE ANYTHING ABOUT THAT.
SO THE, THE BOND, UH, MEETINGS ARE ENCOURAGED FOR SPECIAL USE PERMITS, UH, REZONINGS, ANYTHING WITH THE LEGISLATIVE PROCESS.
SO THAT WOULD HAPPEN, UH, PREVIOUS TO A PLAT SUBMITTAL.
SO WHEN DOES THE ELECTED REPRESENTATIVE OF THE DISTRICT GET ALERTED THAT THERE'S SOMETHING GOING ON, IS WHAT I'M ASKING.
AND I DON'T SEE ANYWHERE ON THERE THAT THE COUNCIL MEMBER IS AWARE OF SOMETHING.
SO, UH, WE DO OUR BEST TO NOTIFY THROUGH OUR MONTHLY REPORT.
UM, BUT OUTSIDE OF THE TRADITIONAL LEGISLATIVE PROCESS, UH, THERE IS A REQUIREMENT IN THE UDC TO DO THAT.
I THINK IT'S NOT A REQUIREMENT.
IT'S PROBABLY MORE OF A CITY MANAGER THING TO MAKE SURE THAT...
I MEAN, I DON'T KNOW IF IT NEEDS TO BE A MANDATE MORE THAN IT PART OF A PROCESS THAT IF THERE'S A PROJECT GOING ON IN A DISTRICT, THE COUNCIL MEMBER KNOWS BECAUSE IT'S IMPORTANT.
THE ONLY, UH, MAYBE DIRECTION I WOULD ASK FOR IS THAT TO WHAT SCALE DO YOU WANT THAT? YEAH, THAT'S GOOD.THAT'S FAIR.
I MEAN, DO YOU WANT FENCE PERMITS, POOL PERMITS? I KNOW THAT'S, THAT'S A LITTLE EXTREME, BUT SO - I, I THINK, I THINK IT'S BECAUSE A LOT OF TIMES THESE PROJECTS GET LEGS, APPARENTLY, SOMEHOW IN THE PUBLIC MEDIA SOMEWHERE, AND SUDDENLY CONSTITUENTS ASK YOU ABOUT IT AND YOU GO, "I DIDN'T KNOW ANYTHING ABOUT IT." AND I THINK IT'S KIND OF, UM, YOU KNOW, DOESN'T LOOK GOOD.
SOME OF THE TIMES WE DON'T EITHER.
WELL, I, I UNDERSTAND, I UNDERSTAND THAT.
BUT, UH, IN THIS DAY AND AGE, THERE SEEMS TO BE A LOT OF INFORMATION THAT GETS OUT PRETTY QUICKLY.
SO - IT'D BE NICE TO AT LEAST KNOW WHAT IT IS.
I KNOW WE DON'T NEED ALL THE DETAIL, BUT - YEAH.
SO WE DO TRY TO ENCOURAGE, UH, WHEN WE'RE MEETING WITH DEVELOPERS, WHETHER IT'S A PRE-APPLICATION MEETING OR ONE-ON-ONE, UH, TO REACH OUT TO COUNCIL MEMBERS.
UH, IT'S NOT A REQUIREMENT, BUT WE DO TRY TO ENCOURAGE THAT.
BUT WE CAN, WE CAN ALWAYS IMPROVE AND, AND - LET ME ASK IF, IF THERE'S A ONE LOT SPLITTING INTO TWO OR THREE LOTS STILL RESIDENTIAL, IS THAT GONNA - NO.
RAISE YOUR INTEREST? IS IT A COMMERCIAL TRACK THAT NEEDS TO GO THROUGH A PLATTING THAT'S NOT ASKING FOR ANY VARIANCES? I'M, I'M GATHERING THAT'S PROBABLY WHERE MORE OF THE INTEREST IS.
I THINK ANYTHING RELATED TO COMMERCIAL AND MULTIFAMILY IS GONNA BE ANYBODY REQUESTING THAT, I WOULD LIKE TO KNOW.
[01:10:01]
YEAH.YEAH, I THINK THAT AND THEN ANYTHING SMALLER, I THINK IT'D BE MORE UP TO US TO ASK YOU, RIGHT? LIKE IF IT'S ON OUR STREET, WE KNOW SOMEONE KNOWS WE LIVE THERE RIGHT BUT THAT'S MORE UP TO US TO ASK YOU, SO.
WE CAN, UH, FORMALIZE THAT IN A PRACTICE.
I MEAN, IF YOU WANNA INCLUDE IT INTO A PDC REQUIREMENT, I DON'T KNOW WHAT THAT LOOKS LIKE, BUT WE CAN START IMPLEMENTING THAT.
ONLY OTHER QUESTION IS ON THE DATA CENTERS.
YOU SAID THEY'RE, UH, RESTRICTED UNDER THE PROPOSAL TO THE, UH, INDUSTRIAL ZONES.
I DON'T KNOW WHAT A THOUSAND FEET IS FROM THOSE ZONES TO ANY PARTICULAR SUBDIVISION OR RESIDENTIAL AREA.
SO WHERE ARE THEY ON THE MAP, ROUGHLY? SO THE, UH, MY APOLOGIES FOR NOT POINTING THIS OUT.
YOU CAN SEE THESE PURPLE COLORS HERE.
AND DOWN HERE, THOSE ARE OUR INDUSTRIAL ZONES.
AND YOU CAN SEE A LOT OF THEM ARE ADJACENT TO RESIDENTIAL.
THEY'RE ADJACENT TO RESIDENTIAL? YEAH.
SO, SO WHERE DID WE COME UP WITH THE THOUSAND FEET? UH, IT WAS A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION.
THE ORIGINAL RECOMMENDATION BASED ON OUR GATHERING OF SIMILAR ORDINANCES WAS 500.
UH, THEY WERE CONCERNED, UH, DUE TO THE NOISE OF THE DATA CENTERS THAT, UH, THEY WANTED TO INCREASE THAT.
I MEAN, I, I THINK A THOUSAND FEET'S PROBABLY A THOUSAND FEET TO LESS.
I MEAN, THAT'S JUST MY, MY THOUGH PROCESS.
I DON'T KNOW WHAT THE COUNCIL THINKS ABOUT THAT.
BUT IF YOU, IF IT'S NEXT TO A NEIGHBORHOOD, A THOUSAND FEET'S ONLY THREE FOOTBALL FIELDS.
YOU KNOW WHAT I MEAN? SO IT'S NOT FAR.
WHAT IS THE, UH, I DON'T, YOU KNOW - SO IS IT ONLY THE LIGHT PURPLE, NOT THE DARK PURPLE? THE LIGHT PURPLE.
THIS IS OUR CIVIC, SO THAT'S THE PARK.
YEAH, I GUESS I'M, WHAT I'M SAYING IS THAT IT, THAT, I DON'T SEE WHERE THERE'S LAND ENOUGH TO EVEN DO A DATA CENTER.
THERE, THERE IS A CHALLENGE A LOT, UH, BECAUSE OF THE LAND AREA THAT THEY NEED.
WE DON'T HAVE A LOT OF, UH, ZONE LAND WITH THAT S- SIZE.
UM, BUT WE DID FEEL THAT IT WAS IMPORTANT THAT IF SOMETHING CAME IN WITH THE, WITHIN THE ETJ, IF SOMETHING CAME IN WITH - EXACTLY.
FOR ANNEXATION OR SOMETHING LIKE THAT, THAT WE HAD SOME STANDARDS, UH, THAT WE COULD, UH - WELL, I KINDA SHARE THE MAYOR'S CONCERN.
I MEAN, I, THAT'S WHERE I THINK THE ISSUE IS.
I MEAN, I'M DEALING WITH THIS AI STUFF A LOT.
THE DATA CENTERS ARE GONNA COME, THEY'RE COMING SOMEWHERE.
SO THE QUESTION IS, I DON'T THINK THEY'RE COMING INTO BURNING, BUT THEY COULD COME INTO THE COUNTY SOMEWHERE.
I DON'T KNOW WHAT THE COUNTIES...
I DON'T KNOW IF THEY HAVE ANY AUTHORITY TO DO ANYTHING WITH THEM BEYOND - MY GUESS IS THAT THE NEXT LEGISLATIVE SESSION AT THE STATE, YOU'RE GONNA SEE - SOMETHING.
A SIGNIFICANT BILL THAT GIVES MUCH MORE AUTHORITY TO COUNTIES AND CITIES TO HAVE A SAY.
NOT, I DON'T THINK YOU'LL SEE A COMPLETE WIPE OUT, BUT I THINK YOU'LL SEE A SAY IN WHAT CAN HAPPEN, UH, WOULD BE MY GUESS.
WELL, I DO WANNA SAY - I, I APPLAUD YOUR, YOUR FAITH IN THE LEGISLATION
WELL, I DO WANNA SAY THAT, I DO WANNA SAY THAT THE, THE DATA, THE AI COMMUNITY IS ON NOTICE AND THEY KNOW THAT THEY CAN MITIGATE A LOT OF THE WATER AND A LOT OF THE ENERGY CONCERNS.
THE NOISE IS A DIFFERENT ISSUE.
I DON'T KNOW EXACTLY HOW THEY MITIGATE ALL THAT, BUT I'M SAYING, SO THEY'RE GONNA HAPPEN.
THE WATER USE CAN BE RECIRCULATED.
THEY CAN DO SUPPLEMENTAL ENERGY.
I'M NOT SAYING I'M FOR IT, I'M NOT AGAINST IT, IT'S JUST GONNA HAPPEN.
SO I JUST WANNA MAKE SURE WE'RE PREPARED TO YOUR POINT BECAUSE I DON'T THINK IT'S GONNA HAPPEN IN BERNIE.
WELL, I MEAN, A LOT OF PEOPLE GOT VOTED OUT OR PEOPLE WHO WERE PRO-DATA CENTERS.
BUT, BUT AGAIN, I, I, YOU KNOW - AND I WANNA MAKE IT CLEAR.
I DON'T THINK I'M MOST PEOPLE...
I JUST THINK IT'S GOTTA BE DONE IN A WAY THAT IS APPROPRIATE.
I THINK THE GENERAL CONSENSUS IS THAT SEEMS LIKE WHERE THE LEGISLATION WILL GO.
WHICH IS WHY WE FELT THE SPECIAL USE PERMIT WAS APPROPRIATE.
AND THAT GIVES US, THAT GIVES US A LOTMORE DISCRETION.
ANY OTHER QUESTIONS FOR ME? NO, NO MORE QUESTIONS? NOPE.
WE WILL MOVE INTO THE PUBLIC HEARING.
WE'LL OFFICIALLY OPEN A PUBLIC HEARING ON AGENDA ITEM 8D2026-47 AT 7:49 PM.
WOULD ANYONE LIKE TO COME FORWARD AND SPEAK TO THIS MATTER? NOBODY FROM STAFF? ANY TAKERS?
WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING AT 7:49 PM, AND I WOULD ACTUALLY ENTERTAIN A MOTION ON THIS AGENDA ITEM, PLEASE.
ENTERTAIN A MOTION FOR COUNCILMAN BUNKER, PLEASE.
I RECOMMEND WE RECEIVE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION AND APPROVE ORDINANCE NUMBER 2026-22, AN ORDINANCE IN THE CITY OF BERNIE, TEXAS, AMENDING THE UNIFIED DEVELOPMENT CODE ADOPTED BY ORDINANCE NUMBER 2029, OR 2020-29 ON NOVEMBER 24TH,
[01:15:01]
2020, INCLUDING BUT NOT LIMITED TO CHAPTER ONE, GENERAL PROVISIONS, CHAPTER TWO, GENERAL PROCEDURES, CHAPTER THREE ZONING, CHAPTER FOUR, RESIDENTIAL SITES, CHAPTER FIVE, NON-RESIDENTIAL SITES, CHAPTER EIGHT, ENVIRONMENTAL DESIGN, APPENDIX A, DEFINITIONS, AND APPENDIX D, DARK SKY REGULATIONS, REVEALING ALL ORDINANCE IN CONFLICT, PROVIDING A PENALTY FOR VIOLATION AND CONTAINING A SEVERANCE CLAUSE, AMENDMENTS TO THE UNIFIED DEVELOPMENT CODE.MOTION PASSES OR THANK YOU EVERYONE.
[8.E. 2026-494 CONSIDER ON SECOND READING ORDINANCE NO. 2026-19; AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF BOERNE, TEXAS, CHAPTER 22, UTILITIES, BY AMENDING AND RESTATING ARTICLE VII, MUNICIPAL STORMWATER DRAINAGE UTILITY SYSTEM; ADOPTING THE MUNICIPAL DRAINAGE UTILITY SYSTEMS ACT, CHAPTER 552, SUBCHAPTER C, TEXAS LOCAL GOVERNMENT CODE; DECLARING THE DRAINAGE OF THE CITY TO BE A PUBLIC UTILITY; ESTABLISHING A SERVICE AREA AND EXEMPTIONS; LEVYING A MONTHLY STORMWATER DRAINAGE UTILITY CHARGE UPON BENEFITTED PROPERTY AND ADOPTING A REVISED SCHEDULE OF CHARGES AS EXHIBIT A; PROVIDING FOR BILLING, PENALTIES, AND REMEDIES FOR NONPAYMENT; PROVIDING FOR APPEALS; PROVIDING A REPEALER, A SEVERABILITY CLAUSE, AND AN EFFECTIVE DATE. (Establishing Stormwater rates)]
ON TO AGENDA ITEM AE2026-494.CONSIDER ON SECOND READING ORDINANCE NUMBER 2026-19 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF LERNON, TEXAS CHAPTER 22 UTILITIES BY AMENDING AND RESTATING ARTICLE SEVEN, MUNICIPAL STORMWATER DRAINAGE UTILITY SYSTEM ADOPTING MUNICIPAL DRAINAGE UTILITY SYSTEMS ACTS CHAPTER 552, SUBCHAPTER C, TEXAS LOCAL GOVERNMENT CODE, DECLARING THE DRAINS OF THE UNITED, OF THE UNITED, OF THE CITY TO BE A PUBLIC UTILITY ESTIMATING THE SERVICE AREA AND EXEMPTIONS LEVYING A MONTHLY STORMWATER DRAINS UTILITY CHARGE UPON BENEFITED PROPERTY AND ADOPTING A REVISED SCHEDULE OF CHARGES AS EXHIBIT A, PROVIDING FOR BILLING PENALTIES, REMEDIES FOR NONPAYMENT, PROVIDING FOR APPEALS, PROVIDING A REPEALER, SEPARABILITY CLAUSE AND AN EFFECTIVE DATE ESTABLISHING STORMWATER RATES.
THIS IS HOW THE ITEM ALIGNS WITH THE STRATEGY MAP.
THIS EVENING IS THE LAST STEP IN THE SERIES OF DISCUSSIONS THAT WE'VE HAD REGARDING THE STORMWATER UTILITY THAT BEGAN DURING THE BUDGET PROCESS.
UM, WE HAD OUR FIRST PUBLIC HEARING AND FIRST READING OF THE ORDINANCE LAST COUNCIL MEETING OCTOBER 27TH, AND HERE WE ARE TONIGHT WITH THE SECOND READING OF THE ORDINANCE.
IF IT PASSES, THE RATES WOULD BECOME EFFECTIVE JANUARY 1ST.
THIS IS ESSENTIALLY THE SLA - SAME SLIDE DECK THAT WE HAD WITH THE, THE FIRST READING OF THE ORDINANCE, SO THERE WON'T BE NEW INFORMATION TONIGHT.
BRIEF HISTORY OF THE STORMWATER UTILITY.
IT WAS CREATED IN APRIL 2019, TOOK EFFECT JANUARY 2021 AS A MECHANISM FOR FUNDING THE INFRASTRUCTURE TO HELP WITH OUR MUNICIPAL STORMWATER AND DRAINAGE SYSTEMS. THE INITIAL FEE OF $4 PER ERU WAS JUST INITIALLY SET AS A MECHANISM TO ESTABLISH THE UTILITY, AND TONIGHT IS THE FIRST TIME THAT WE'RE COMING FORWARD TO, UH, RECOMMEND CHANGING THE RATE.
THE STORMWATER UTILITY IS CURRENTLY FOUND ON THE UTILITY BILLS AS A LINE ITEM.
THERE ARE A LITTLE OVER 7,000 CUSTOMERS OF WHICH ABOUT 10% ARE COMMERCIAL AND 90% ARE RESIDENTIAL.
AND THE STORMWATER UTILITY CURRENTLY GENERATES APPROXIMATELY $670,000 ANNUALLY.
THE FEE STRUCTURE IS BASED ON WHAT'S CALLED AN EQUIVALENT RESIDENTIAL UNIT OR ERU.
YOU'LL HEAR ME SAY THAT, UM, ERU HERE IN THE NEXT FEW SLIDES.
AND WHAT THAT DOES IS IT ESTABLISHES A WAY TO CHARGE FOR THE STORMWATER FEE BASED ON ESSENTIALLY HOW MUCH RAINWATER, UM, A PARCEL PUTS OFF BY HOW MUCH IMPERVIOUS COVER, UH, THE PARCEL HAS.
SO WHEN THE INITIAL STUDY WAS CONDUCTED, A TYPICAL RESIDENTIAL PARCEL WAS ABOUT 4,700 SQUARE FEET, AND THAT'S HOW WE CAME UP WITH THE SIZE FOR OUR EQUIVALENT RESIDENTIAL UNIT.
SO BASED ON THAT, UH, WITH $4 PER ERU, WE HAVE FOUR DIFFERENT TIERS, AND YOU'LL SEE THE TWO DIFFERENT COLUMNS OF OUR CURRENT, UH, TIER STRUCTURE, CURRENT FEES, AND THE PROPOSED MONTHLY COST BY INCREASING OUR, UH, COST PER ERU FROM FOUR TO $8.
SO HOW DOES THIS COMPARE TO OUR PEER CITIES? UH, IT'S DIFFICULT TO COMPARE STORMWATER UTILITY FEES, UM, CITY TO CITY BECAUSE THE ERUS ARE CALCULATED DIFFERENTLY.
YOU CAN SEE IN THAT THIRD COLUMN, UM, NO TWO CITIES HAVE THE SAME SQUARE FOOTAGE PER ERU.
SO WHAT WE DID, THE, THE BEST WAY WE COULD FIGURE IT IS TO JUST CALCULATE OUR FEE PER SQUARE FOOT.
SO UNDER THE CURRENT RATE, WE HAVE NINE 100THS OF A PENNY, UH, PER SQUARE FOOT, BECAUSE OUR ERU OF 4,700 SQUARE FEET IS RATHER LARGE COMPARED TO OUR PEERS.
BY INCREASING THE FEE FROM $4 TO $8, THAT TAKES US ABOUT MID-RANGE TO 17 100THS OF A PENNY.
THE PURPOSE OF THE INCREASE IN FEE IS TO HELP, UM, FUND SOME OF OUR MAJOR, UH, DRAINAGE MASTER PLAN PROJECTS.
WE DID CONDUCT THAT MASTER PLAN IN MARCH OF 2022.
THERE WERE 16 IDENTIFIED PROJECTS, UM, IN 2022 DOLLARS OF A LITTLE OVER $60 MILLION.
RIGHT NOW, OUR STORMWATER UTILITY IS FOCUSED ON TWO MAIN PROJECTS, ADLER ROAD CULVERTS, WHICH WE'RE HAPPY TO SAY WE'RE IN THE, THE LAST LEG OF COMPLETING FINAL, UM, CONTRACT PAPERWORK, BUT CONSTRUCTION IS SUBSTANTIALLY COMPLETE.
[01:20:01]
THAT WAS A $5.7 MILLION PROJECT, UM, AND IT WAS DESIGNED FOR SAFE CROSSING DURING A HUNDRED-YEAR FLOOD EVENT.THE NEXT PROJECT THAT WE WANNA TAKE ON AND THAT THE FEE INCREASE WOULD HELP FUND IS THE MINGER CREEK BRIDGE.
THE CURRENT CONSTRUCTION ESTIMATE FOR THIS PROJECT IS ABOUT $15 MILLION.
WE HAVE SUBMITTED FOR A FEDERAL GRANT.
WE HOPE TO HEAR BACK IN DECEMBER OR JANUARY.
UM, BUT THE, UH, THE FEE INCREASE WOULD HELP PAY FOR THE DEBT SERVICE TO CONSTRUCT THE MINGER CREEK BRIDGE.
ARE THERE ANY QUESTIONS? ANY QUESTIONS OR COMMENTS FOR, FOR SARAH? NO? ANY MOTION FROM COUNCILMAN WILLISON? I'D LIKE TO MAKE A MOTION THAT WE APPROVE THIS AS READ BY THE MAYOR EARLIER.
SECOND FROM COUNCILMAN BATEMAN.
THAT'S A CHEESY WAY OUT OF THE TIME.
[9.A. 2026-440 CONSIDER RESOLUTION NO. 2026-R64; A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR AN ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM THROUGH THE VERTOSOFT COOPERATIVE PURCHASING PROGRAM, BUYBOARD CONTRACT NO. 792-26, ESTABLISHING PRICING FOR FIVE YEARS AND AUTHORIZING FIRST YEAR EXPENDITURES IN AN AMOUNT NOT TO EXCEED $297,170.77, WITH FUTURE ANNUAL EXPENDITURES SUBJECT TO CITY COUNCIL BUDGET APPROPRIATIONS.]
AGENDA ITEM 9A, RESOLUTIONS.OR 2026 - 440, CONSIDER RES- RESOLUTION NUMBER 2026-R64 RESOLUTION, AUTHORIZING CITY MANAGER TO EXECUTE AN AGREEMENT FOR THE ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM THROUGH THE VETERSOFT COOPERATIVE PURCHASING PROGRAM BY BOARD CONTRACT NUMBER 792-26.
UH, MIKE? GOOD EVENING, COUNCIL, COUNCIL MEMBERS.
UM, AS YOU STATED THAT ITEM 9A IS TO, UM, AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT, UM, FOR AN ASSET MANAGEMENT SOFTWARE SYSTEM.
THIS, UM, SOFTWARE SYSTEM PROCUREMENT IS IN KEEPING WITH THE BERNIE STRATEGY MAP, SUPPORTS FINANCIAL STEWARDSHIP, AND ACHIEVING BEST IN CLASS STATUS BY UTILIZING DATA TO IMPROVE DECISION MAKING WHILE STREAMLINING OUR EFFECTIVENESS FOR THE UTILITIES.
WHAT IS ENTERPRISE ASSET MANAGEMENT SYSTEM? UM, IT'S A SOFTWARE SYSTEM TO HELP THE CITY UTILITIES TRACK AND MANAGE THE THOUSANDS OF ASSETS IT DEALS WITH ON A DAY-TO-DAY BASIS, AND THROUGHOUT THEIR LIFE EXPECTANCY.
IT ALLOWS FOR IMPROVED MAINTENANCE PLANNING, REDUCES CORRECTIVE MAINTENANCE, UH, OR TRACKS CORRECTIVE MAINTENANCE TO EXTEND OUR ASSET LIFE, UM, AND REDUCES COSTLY EMERGENCY REPAIRS.
IF YOU CAN GET TO THOSE AND BE PRO - MORE PROACTIVE, IT REDUCES SOME OF YOUR EMERGENCIES THAT YOU WOULD HAVE.
IT ALLOWS THE CITY TO BE ABLE TO USE DATA TO BETTER MAKE INFORMED BUDGETARY DECISIONS.
AND LASTLY, IT STREAMS, STREAMLINES OUR WORK ORDER PROCESS IN THE, IN THE FIELD, AND IT HELPS US ASSIGN LABOR RESOURCES TO THOSE ASSETS THAT ULTIMATELY IMPROVE SERVICES FOR THE RESIDENTS.
WHY DOES THE CITY NEED AN ASSET MANAGEMENT PROGRAM? WELL, THE UTILITIES NEEDS A CENTRALIZED SYSTEM TO BETTER MANAGE CRITICAL UTILITY INFRASTRUCTURE.
IT NEEDS A CENTRALIZED PICTURE OR VIEWPOINT FROM OUR PERSPECTIVE TO LOOK AT ALL OF THOSE UTILITIES, THOSE ASSETS, CONDITION MAINTENANCE HISTORIES, WHAT IS THE SHAPE OF THOSE UTILITIES, UM, FOR...
AND THEN A MAINTENANCE HISTORY ON THOSE UTILITIES TO B- BETTER PREDICT OUR FUTURE NEEDS.
IT ALLOWS FOR THE ABILITY TO BETTER MANAGE MAINTENANCE AND BEGIN A SHIFT FROM REACTIONARY MAINTENANCE TO A MORE PROACTIVE MAINTENANCE APPROACH.
IT HELPS PROTECT OUR UTILITY INFRASTRUCTURE, MANAGE THOSE RISKS AND CONTROLS COST, UM, AND ENSURES RELIABLE U- UH, UTILITY SERVICES FOR CURRENT AND FUTURE GENERATIONS.
THE SYSTEM WILL ALSO S - ALSO, WITH THE SOFTWARE SYSTEM, SEAMLESSLY INTEGRATE OUR ASSETS WITH AN ADDED GRAPHICAL USER INTERFACE THAT WE HAVE THE CAPABILITIES OF, OF INTERNAL.
AND SO IT BASICALLY CONVERTS, UM, WE, WE WILL BE USING IPADS THAT WERE, UM, APPROVED EARLIER IN THE AGENDA, AND IT WILL CONVERT FROM A PAPER-BASED SYSTEM TO A GIS SMART SYSTEM OUT IN THE FIELD USING IPADS, WHERE OUR CREWS WILL BE MORE MOBILE, THEY WON'T BE USING PAPER, UM, TO ENTER THEIR WORK ORDERS, UM, AND IT'LL BE GIVEN A REAL-TIME PERSPECTIVE OF, OF WORKING IN THE FIELD.
THIS WILL ALLOW OPERATIONS STAFF TO DOCUMENT WHAT THEY'RE DOING ON EACH WORK ORDER ELECTRONICALLY.
IT'LL HELP US LOCATE THOSE ASSETS BY USING GIS IN THE FIELD, AND THE ATTRIBUTES OF THOSE ASSETS WILL BE KNOWN.
WE'LL KNOW WHAT SIZE METERS, WHAT SIZE MAIN, WHAT SIZE LINE, WHAT SIZE GAS MAINS, THOSE TYPE OF THINGS AS OUR SYSTEM OF RECORD, AND WE'LL ACTUALLY GIVE THAT CAPABILITY TO OUR FIELD STAFF AS THEY'RE IN THE FIELD LOOKING AT THEIR IPADS AND KNOW WHERE THOSE UTILITIES ARE AT.
IT ALSO TELLS YOU SOME OF THE MAINTENANCE HISTORY OF WHAT HAPPENED BEFORE A USER FIVE YEARS FROM NOW WENT OUT THERE, WHAT WAS DONE IN 2026, WHAT WAS DONE IN, IN PAST YEARS, UM, TO HELP UNDERSTAND WHAT THEY'RE LOOKING AT TODAY, BECAUSE GETTING THAT HISTORICAL PERSPECTIVE OF WHAT HAPPENED TO THE WIDGET IN 2026 IS
[01:25:01]
MAYBE A VERY IMPORTANT GOING FORWARD.AND SO AS YOU SEE HERE, IT'S AN EXAMPLE OF THE UPPER RIGHT WAS, UM, METERS, UH, WITHIN A UTILITIES SYSTEM, AND EACH ONE OF THOSE METERS HAS ATTRIBUTES TO THEM.
WE KNOW WHAT SIZE IT IS, WE KNOW THE SERIAL NUMBERS OF THEM, WE KNOW WHAT AMI NUMBERS WILL BE ON THOSE, AND SO, UH, WHEN WE PULL UP TO THOSE, WE'LL BE ABLE TO HIT ON EACH ONE OF THOSE AND KNOW WHAT THE AGE OF THOSE METERS, WHEN THEY WERE REPLACED, THEIR LIFE ASSET, UM, CHARACTERISTICS.
AND THEN TO THE BOTTOM RIGHT HERE, WE HAVE AN EXAMPLE OF OUR FIELD IPADS THAT WILL HAVE THE MAPPING CAPABILITY, AS WELL AS THE SOFTWARE CAPABILITY TO BE ABLE TO DOCUMENT WHAT WORK WAS DONE WITHOUT HAVING TO SCRATCH IT ON A PIECE OF PAPER WHEN THEY GET BACK TO THE OFFICE.
HOW DOES AN ENTERPRISE ASSET MANAGEMENT SUPPORT CIP DEVELOPMENT? WELL, MANY CITIES HAVE CHALLENGES IN, IN TRYING TO MANAGE ALL ITS AGING INFRASTRUCTURE, AND BERNIE'S NO DIFFERENT.
WE CAN'T AFFORD TO REPLACE IT ALL.
SO THERE'S A LOT OF COMPETING CIP CHALLENGES FORTHCOMING FOR A LOT OF CITIES.
UM, BUT JUST BECAUSE AN ASSET IS OLD DOESN'T MEAN IT GETS REPLACED.
WE NEED TO START TAKING OTHER FACTORS INTO CONSIDERATION WHETHER YOU REPLACE THAT ASSET OR NOT.
SO WE WANNA BE ABLE TO USE THAT DATA-DRIVEN DECISION PROCESS TO LOOK AT AGE, UM, CONDITION, PERFORMANCE OF THOSE UTILITIES AND THOSE ASSETS OVER TIME.
WE THEN CAN BE SELECTIVE AND WISE ABOUT WHAT WE CHOOSE TO REPLACE, UM, AS WE MAXIMIZE OUR INVESTMENTS IN OUR INFRASTRUCTURE.
THOSE DOLLARS BECOME CHALLENGED, AND EACH ONE OF THE UTILITIES, UH, WE CAN'T AFFORD TO REPLACE AT ALL, SO WE'RE GONNA HAVE TO BE SELECTIVE AND BASE IT MORE OFF A RISK-BASED ASSESSMENT AND THE CONDITION RATHER THAN JUST AGE.
THIS INFORMATION CAN BE BETTER UTILIZED TO DEVELOP A MULTI CAPITAL PLANNING PROGRAM FOR US.
SO THAT'S REALLY THE ULTIMATE GOAL, IS TO BE WISER WITH OUR FINANCIAL DOLLARS BASED ON OUR RISK OF WHAT WE DEFINE AS A HIGH PRIORITY RISK ASSET VERSUS SOMETHING LOWER PRIORITY.
AND ONE EXAMPLE I'D LIKE TO GIVE YOU AND DESCRIBE, THIS IS A WHAT IF THAT A LOT OF CITIES HAVE THAT TALK ABOUT COMPETING CIP PRIORITIES.
SO ONE OF THE, UM, MY NEIGHBOR UPSTAIRS ON THE SECOND FLOOR IS DIRECTOR CARROLL, AND IF HE NEEDS TO PLAN FOR A COMPLETE STREET RECONSTRUCTION, AS MANY CITIES DO, HE, UM, HE WILL THEN FREQUENTLY WILL SAY, "WELL, DO YOU NEED TO REPLACE THE UTILITIES?" SOME CITIES, THEY THINK IT'S AUTOMATIC.
YOU GOTTA REPLACE ALL THOSE ASSETS.
THEY'RE 50 YEARS OLD, MAYBE THEY CAN'T GO ANY FURTHER.
THE WORST THING YOU REALLY WANNA DO IS TO REBUILD THAT STREET AND THEN HAVE A UTILITY FAILURE.
SO WE'VE GOTTA BE ABLE TO USE SOME TRACK RECORDS.
MAYBE WE HAVE SOME VERY GOOD PERFORMING PIPE THAT HAS NO INDICATION OF POOR CONDITION.
DO WE REALLY WANNA SPEND THOSE DOLLARS ON THAT PROJECT OR IS THERE SOMETHING ELSE MORE PRESSING, HIGHER PRIORITY FOR THE CITY OF BERNIE? SO WE NEED TO LOOK AT THE PERFORMANCE AND LOOK AT THE MAINTENANCE HISTORY, THE BREAK HISTORY ON THOSE TYPE OF THINGS.
AND I'LL JUST GIVE YOU AN EXAMPLE OF A PIPELINE INVESTMENT WHERE IF YOU'RE REBUILDING A STREET, MAYBE WIDENING THE RIGHT OF WAY JUST A LITTLE BIT FOR A STREET PURPOSE.
UM, LET'S SAY A SEWER MAIN IS IN THE MIDDLE OF THAT STREET.
JUST BECAUSE IT'S IN THE MIDDLE OF THAT STREET DOESN'T MEAN YOU AUTOMATICALLY NEED TO REPLACE IT.
REPLACING IT MEANS YOU GOTTA DIG IT UP AND/OR ABANDON IT AND RELOCATE, WHICH MAY ADD TO MORE RIGHT OF WAY COST, RECONNECTION COST, BUT OPEN TRENCH CONSTRUCTION TENDS TO BE THE MOST EXPENSIVE METHOD OF REHAB.
WE COULD, IF WE HAD SOME DECENT MAINTENANCE HISTORY AND SOME TELEVISING, WHICH WE HAVE, BRING THAT TO OUR ASSET MANAGEMENT SYSTEM, LOOK AT THOSE ASSETS AND SAY, "WELL, WAIT A MINUTE.
YEAH, IT HAS A FEW CRACKS, BUT WE CAN LINE IT WITH IN SITU FORM OR IN PLACE TRENCHES TECHNOLOGIES TO WHERE WE DIDN'T HAVE TO DIG IT UP AND GO THROUGH ALL THE TREMENDOUS EXPENSES FOR ADDING MORE RIGHT OF WAY, THOSE TYPE OF THINGS.
WE CAN BE WISER WITH OUR MONEY KNOWING THE TRACK RECORD OF SOME OF THESE UTILITIES AND THE CONDITION OF THOSE.
THAT'S JUST ONE EXAMPLE, JUST BECAUSE JEFF'S NEXT TO MY OFFICE AND ALWAYS COMES AND SAYS," DO YOU HAVE MONEY? "AND I SAID," NO, I DON'T HAVE ENOUGH MONEY FOR YOU.
"
WE UTILIZE ESSENTIALLY A PAPER-BASED SYSTEM TO ASSIGN WORK ORDERS AND TRACK MAINTENANCE ACTIVITIES.
UM, WE DON'T HAVE ANY SYSTEM THAT AGGREGATES THE MULTIPLE YEARS OF WORK ORDER HISTORY AND BRINGS THAT TOGETHER, AND SO THEREFORE WE HAVE TO LOOK AT HISTORICAL RECORDS.
WE HAVE TO GO BACK AND LOOK AT THE PAPER, THE SPECIFIC WORK ORDERS TO BE ABLE TO UNDERSTAND THE HISTORY.
THE BEST SYSTEM WE HAVE IS OUR EMPLOYEES WHO PRETTY MUCH REMEMBER MOST THINGS IN THEIR HEAD.
[01:30:01]
PLANNING AND YOU, AS YOU TRY TO MAINTAIN THAT MAINTENANCE HISTORY OF THE LIFE OF THE ASSET, YOU NEED TO BE ABLE TO DOCUMENT IT SOMEWHERE, NOT JUST IN INDIVIDUAL SHEETS THAT ARE ON SOME NOTEBOOK IN SOME WAREHOUSE.SO WE WANT TO BE ABLE TO DOCUMENT THE MAINTENANCE HISTORY OF THAT.
MAYBE WHEN IT WAS INSTALLED, WE CAN TAKE PHOTOS OF IT.
UM, HAS, HAVE AS-BUILTS ON THERE AS WELL.
UM, GIS LOCATION THAT FOR FIELD STAFF.
AND THAT FIELD STAFF CAN CALL UP THOSE ASSETS AND BE ABLE TO DESCRIBE WHAT THEY'RE DOING TO IT, UH, OR, OR HOW THEY MAINTAINED IT.
UM, BUT THE FIELD STAFF WILL BE EMPOWERED TO MAKE THOSE DECISIONS AND BE ABLE TO EXECUTE THOSE WORK ORDERS.
FROM A REGULATORY PERSPECTIVE, I KIND OF WANT TO GIVE YOU AN EXAMPLE, UM, BECAUSE CRYSTAL, THE OTHER OFFICE NEXT TO ME, SHE SPENDS A LOT OF TIME ON REGULATORY COMPLIANCE.
AND ONE, ONE EXAMPLE, JUST ONE OF HER TASKS THROUGHOUT THE YEAR IS TO COLLECT ALL THE INFORMATION RELATED TO GAS UTILITIES AND REPORT THOSE TO THE RAILROAD COMMISSION ON AN ANNUAL BASIS.
AND THAT'S A TREMENDOUS AMOUNT OF PAPER YOU HAVE TO GO THROUGH TO BE ABLE TO COME UP WITH THOSE STATISTICS.
SO SOME OF THE THINGS SHE LOOKS FOR WITH NATURAL GAS, IT'S HEAVILY RE- REGULATED, RIGHTFULLY SO, BUT SHE HAS TO DOCUMENT EVERY METER SET AND METER CHANGE OUT, PIPE REMOVAL, UH, OR SERVICE LINE REMOVALS, THIRD PARTY DAMAGES, UM, RECORDS OF CORROSION RECORDS, CAUSE OF THE LEAKS, EQUIPMENT FAILURES THAT WE MAY HAVE HAD, NUMBER OF GAS LEAKS ON A MAIN OR NUMBER OF GAS LEAKS ON SERVICES AND THOSE INDIVIDUAL ADDRESSES.
UM, ALSO NUMBERED OF, NUMBER OF HAZARDOUS LEAKS ELIMINATED OR REPAIRED, ALL CATEGORIZED BY PIPE MATERIAL AND SIZE.
SO SHE SPENDS WEEKS GOING THROUGH ON THE UPPER RIGHT PAPER AND THAT'S HER FINAL REPORT CONDENSED AFTER SHE'S LOOKED AT ALL THE HISTORICAL DATA FOR THE PAST YEAR AND HAS TO SIT DOWN WITH THE ROAD COMMISSIONER EVERY YEAR TO BE ABLE TO COMPILE THIS.
WE'D LIKE TO BE ABLE TO COMPILE IT ELECTRONICALLY AND QUICKLY AND CATEGORIZE ALL THAT SO THAT SHE DOESN'T MANUALLY HAVE TO GO THROUGH ALL THOSE REPORTS.
AND IT'S NOT JUST CRYSTAL, IT'S MINI STAFF.
IT'S THE ADMIN WORK THAT WE HAVE.
SO WE SHOULD HAVE A LOT OF SAVINGS THERE.
THE ANNUAL COST FOR AN EA- EAM PROGRAM FOR BERNIE, AND REALLY WE'RE TALKING A SYSTEM THAT WE, UH, THE, THE TITLE OF IT IS CALLED OPENGOV IS THE SOFTWARE SYSTEM THAT WE'VE SELECTED.
UM, WE ESTIMATE, UM, IT'S, IT'S A CLOUD-BASED SOFTWARE SYSTEM.
SO IT'S A STANDALONE SERVE, UM, MANAGED BY OPENGOV THROUGH OUR AGREEMENT.
THE STANDUP TIME WE THINK WOULD TAKE US ABOUT NINE MONTHS TO A YEAR TO GET IT STOOD UP.
AND THAT COMES WITH SOME PROFESSIONAL HELP WHERE WE ACTUALLY WOULD HOUSE, HOUSE SOMEBODY FROM OPENGOV ON SITE AND HELP WALK US THROUGH ALL OUR PROCESS AND PROCEDURES THAT NEED TO CHANGE AND TO MAKE SURE WE'RE, IT'S FUNCTIONING AS IT'S DESIGNED.
SO THAT'S, THAT'S A HUGE INPUT FOR US.
UM, TODAY'S COUNCIL CONSIDERATION IS FOR THE 297, $170.77, AND THAT INCLUDES THAT ONSITE HELP.
FUTURE YEARS FOR FIVE YEARS ARE LOCKED IN, HOWEVER YEARS TWO THROUGH FIVE WOULD BE SUBJECT TO COUNCIL'S APPROVAL AND SUBSEQUENT BUDGET PRESENT- PRESENTATIONS.
IN TOTAL, ALL OF THIS ON A FIVE-YEAR COST, WE ESTIMATE TO BE $1,250,215.20.
UM, NOW THIS IS A, UM, FIVE-YEAR PRICING.
WE DON'T KNOW, THIS IS GONNA OCCUR CONTINUALLY.
WE'RE GONNA NEED TO CONTINUE TO HAVE SOFTWARE SUPPORT, UM, SOFTWARE AS A SERVICE, AND THAT WILL EXTEND PAST YEAR FIVE.
BUT WE, AND WE ANTICIPATE THOSE TO PRO - POSSIBLY INCREASE OVER TIME.
UM, BUT WE DO KNOW THAT'S GONNA BE A PERPETUAL COST TO THE CITY AND TO THE UTILITIES.
SO, UM, I DON'T EXPECT THOSE TO DISAPPEAR IN ANY TIME SOON.
I'VE WORKED WITH DIRECTOR BUCKLEW, UH, WITH FINANCE AND, UM, HAVE ALREADY PROGRAMMED IN THE FUNDING REQUIRED IN TONIGHT'S CONSIDERATION IN OUR EXISTING CIP APPROVED BY COUNCIL.
I'VE ALSO WORKED, UM, AND OUR TEAM HAS WORKED WITH DIRECTOR ROWDY IN IT TO BE ABLE TO ACQUIRE THE IPADS THAT WERE APPROVED EARLIER IN THE SESSION, EARLIER IN THE ACTION TONIGHT, SO THAT WE CAN TAKE THAT ELECTRONIC MAPPING THAT RIGHT NOW OUR CREWS ARE USING BOOKS IN THEIR TRUCKS ON PAPER WHERE THEY'RE LOOKING AT A MAP AND TRYING TO FIGURE OUT, IS THAT THAT INTERSECTION? WELL, THAT'S GAS.
LET ME GRAB THE ONE FOR WATER.
LET ME GRAB THE ONE FOR SEWER AND MAKE SURE WE ALL OVERLAY THAT.
WITH THESE IPADS, WE HAVE THE GIS CAPABILITY TO LAY THEM ALL ON TOP OF EACH OTHER, BE ABLE TO MAKE SURE OTHER UTILITIES DON'T HIT US, BUT ALSO WHERE ARE OUR OWN UTILITIES AND, AND WHERE DO THEY NEED TO BE LOCATED SO THAT WE'RE EFFICIENT WITH REGARD TO THOSE REPAIRS? UM, AND THEN LASTLY,
[01:35:02]
UM, WE HAVE A REPRESENTATIVE KAYLA LINDQUIST FROM OPENGOV HERE IN CASE I CAN'T ANSWER ALL THE QUESTIONS.I'VE BEEN THROUGH THREE OF THESE, MAXIMO AND FOR CITYWORKS.
UM, BUT WE LOOKED AT SEVEN DIFFERENT OR SIX DIFFERENT SYSTEMS THROUGHOUT TEXAS AND THROUGHOUT THE NATION ON THIS.
SOME WERE VERY EXPENSIVE, REQUIRED MORE STAFF INTERNALLY TO BE ABLE TO EVEN RUN THOSE SYSTEMS. AND THEN SOME OF THOSE SYSTEMS THAT ARE ADVERTISED OUT THERE DIDN'T MEET OUR NEEDS AT ALL.
SO WE'RE TRYING TO FIND SOMETHING THAT FITS THE RIGHT SIZE FOR BERNIE AS WE COMPARE TO OTHER CITIES THROUGHOUT THE STATE OF TEXAS TO MAKE SURE THIS IS FUNCTIONALLY GOOD FOR US, IT'LL MEET OUR NEEDS, UM, AND WE WON'T BE SO COMPLICATED THAT IT BOGS US DOWN.
SO, UM, AND THEN I ALSO WANNA GIVE MY STAFF SOME CREDIT.
UM, THEY'VE BEEN WITH ME JUST CHECKING AND REVIEWING ALL OF THOSE DEMOS THAT SOFTWARE COMPANIES SAY THEY CAN DO FOR YOU.
THEY'LL PROMISE YOU THE SUN AND THE MOON AND STARS.
UM, BUT, UM, MOST OF THEM CAN'T DELIVER WHAT THEY, UM, OR SOME OF THEM CAN'T DELIVER WHAT THEY'RE SAYING.
SO WE'VE BEEN ABLE TO FERRET THROUGH THOSE, UH, PRETTY WELL.
ANDREA HOUSTON, CRYSTAL BARRERA, TERRY NOLAN, AND ANDREW WILKINSON HAVE BEEN MY TEAM JUST TO KIND OF REVIEW THIS TO MAKE SURE IT MAKES SENSE IN THE OPERATION AREA AND THEN IN THE REPORTING AREA FROM A REGULATORY PERSPECTIVE.
AND THEN INTERACTING WITH SARAH TO TALK ABOUT HOW DO WE PLAN ALL THESE CAPITAL INFRASTRUCTURE INVESTMENTS LONG-TERM? HOW DO WE BUDGET THOSE? HOW DO WE PACKAGE THOSE SO THAT WE CAN GIVE YOU BETTER INFORMATION TO BASE OUR CAPITAL DECISIONS ON LONG-TERM? WHAT DO WE WANNA INVEST IN? WHAT CAN WE PUSH OFF? WHAT CAN WE DO TO PREVENT A BIG CAPITAL EXPENDITURE IN FIVE YEARS IF WE CAN DO SOMETHING TODAY? SO THAT'S WHERE WE'RE HEADED TOWARDS THAT AND I'D BE HAPPY TO ANSWER ANY QUESTIONS AND STAFF HERE IF I FORGET THE ANSWER.
ANY QUESTIONS FROM STAFF? I MEAN, THAT'S A LOT OF INFORMATION.
I MEAN, KINDA SOUNDS LIKE WE'RE MOVING FROM THE DARK AGES TO THE NEW AGES OF, YOU KNOW, GETTING RID OF PAPER AND MOVING INTO THE IPAD AREA.
THERE WERE NO STONES OR CHISELS I FOUND.
AND I'M NOT ASKING FOR A SPECIFIC HERE, MIKE.
I MEAN, BUT IF YOU THINK ABOUT THE MAN HOURS THAT WE'RE HAVING TO SPEND TO GO THROUGH, I MEAN, THERE'S GOTTA BE AN OFFSET OF COST OF WHAT WE'RE PAYING OUR, OUR EMPLOYEES TO DO ALL THE STUFF MANUALLY.
I MEAN, I DON'T KNOW IF YOU GUYS DID ANY FIGURING ON, ON THAT.
APPLES FOR APPLES OR, OR WE SAVING MONEY WITH THIS EVEN THOUGH WE'RE SPENDING MONEY? THERE'S TWO THINGS TO THAT.
ONE IS, ON A VERY CONSERVATIVE ESTER - ESTIMATE, I, I TOLD THE CITY MANAGER THIS AND I SAID, "WELL, THIS IS CRAZY, BUT IT SOUNDS LIKE 20,000 PERSON HOURS ARE DEDICATED TO THIS AND TRYING TO, ON AN ANNUAL BASIS THAT CAN'T BE.
SO LET'S JUST USE, YOU KNOW, THAT'S NINE FTES.
SO LET'S JUST USE HALF OF THAT NUMBER.
LET'S JUST SAY FOUR, MAYBE FIVE FTES, YOU KNOW, AT, IN MID-RANGE, UM, CERTAINLY, CERTAINLY IS COMPETITIVE.
THE ADVANTAGE FOR US IS THAT WE TAKE SOME OF THE STAFF IN THE FIELD THAT ARE BUSY TRACKING PAPER AND THEY CAN ACTUALLY GET ON THE PIPE, GET ON THE MAINS AND REPAIR THEM IN A MORE EFFICIENT OR EFFECTIVE VERSUS DRIVING BACK AND FORTH ACROSS TOWN TRYING TO FIND THE RAT - MAP THAT REPRESENTS THE RIGHT INTERSECTION.
BUT THAT EFFICIENCY AND EFFECTS JUST WILL HELP US.
THE OTHER THING IS WE DON'T HAVE TO, UM, HIRE SOMEBODY INTERNALLY TO RUN THIS SOFTWARE SYSTEM AS WITH OTHER SOFTWARE SYSTEMS. SO WE THINK IT'S A PRETTY STANDALONE SYSTEM.
ONCE WE GET THROUGH THE NINE TO 12 MONTHS, WE SHOULD BE ABLE TO RUN IT INTERNALLY FINE.
AND SO THAT'S WHAT WE'VE LEARNED FROM OTHER CITIES AS WELL.
I WAS JUST, DID YOU GO VISIT ANY CITIES THAT HAVE THAT'S IN PLACE RIGHT NOW AND SEE HOW IT'S WORKING FOR THEM? WE DID A, UM, WEB DEMONSTRATION AND A TEAMS MEETING WITH THEM.
AND WE, SOME OF THE SOFTWARE SYSTEMS THAT WE WERE LOOKING AT THAT I'VE BEEN A PART OF, WE CAN'T AFFORD THEM.
THEY'RE, THEY'RE JUST TREMENDOUSLY EXPENSIVE AND VERY SOPHISTICATED.
BUT FOR SOMETHING RIGHT AT BERNIE, WE WERE LOOKING AT A VARIETY OF SMALL CITIES.
UM, WE SAW ALAMO HEIGHTS, ALMAS PARK, UH, WE SAW PLANO.
UH, WE SAW A LOT OF CITIES A LITTLE BIT BIGGER THAN US, SOME A LITTLE SMALLER THAN US, BOTH SUCCEED AND FAIL WITH THEIR SOFTWARE SYSTEMS. BUT FOR OPENGO, WE ACTUALLY DIALOGUED WITH A FEW OF THOSE CITIES AND INTERACTED WITH THEM.
WE ALSO HAD, AND USING OUR INDUSTRY CONTRACTS, UH, THROUGH OTHER PROFESSIONAL ENGINEERING FIRMS, AND THEY WERE GIVING US RECOMMENDATION.
HERE'S YOUR TOP 10 LIST IN TEXAS, GO LOOK AT THOSE.
HERE'S THE CITIES THAT ARE USING THOSE.
SO WE DID WEB, UH, TEAM MEETINGS WITH THOSE UTILITIES TO GET THEIR FEEDBACK AND REFERENCE CHECK.
UM, SO WE HAD A SERIES OF QUESTIONS THAT CRYSTAL AND ANDREA AND OTHERS REFERENCE CHECKED.
SO WE FELT PRETTY GOOD ABOUT THAT.
MY QUESTION WAS ALONG THOSE LINES.
OBVIOUSLY, THIS COMPANY'S BEEN AROUND A WHILE,
[01:40:01]
YES? YES.THEY, IN YEARS PAST, THEY WERE NAMED CARTOGRAPH, AND THEN THEY'VE REPACKAGED THEMSELVES INTO OPENGOV.
AND IN, IN YOUR REVIEW, DID THEY PROVIDE YOU WITH ANY CASE STUDIES, I.E.
ROI PROJECTIONS? OBVIOUSLY THERE'S IMPLEMENTATION COSTS.
AND OF COURSE, TO, TO THE BAYER'S POINT, SOME SAVINGS ON THE BACK END PERHAPS, BUT OVER THE FIVE-YEAR COURSE OF THIS, WHAT IS THE EXPECTED ROI THAT THEY'VE SEEN WITH OTHER CITIES? THEY HAVE.
I, I DIDN'T BRING THOSE FORWARD TODAY.
I CAN CERTAINLY PROVIDE THOSE TO YOU.
I TRIED TO KEEP IT, THE PRESENTATION FOCUSED TO BERNIE AND FOCUS TO WHERE OUR, OUR COSTS WERE, BUT, UM, AS WE'RE ALSO ROLLING OUT A GIS COMPONENT TO THIS AS WELL, WE'RE SIGNIFICANTLY BEHIND ON GRAPHICAL USER INTERFACE OUT IN THE FIELD.
AND SO WHEN YOU COUPLE BOTH OF THOSE TOGETHER, THERE'S SOME COMPETING BENEFITS, UM, THAT WOULD, UH, MAYBE, MAYBE WE WEIGH ONE HEAVIER THAN THE OTHER, BUT, UM, WE SAW SOME GOOD, UM, REDUCTION OF STAFF TIME WITH REGARD TO INVESTING IN THIS, UM, SOFTWARE SYSTEM.
ANY OTHER QUESTIONS? ARE THERE ANY, UH, ARE THERE ANY LICENSE CONSTRAINTS OR IS IT, DO WE HAVE ENOUGH SEATS FOR EVERYBODY THAT NEEDS ACCESS TO IT OR - YES, SIR.
IS THERE ADDITIONAL COSTS WITH THAT? PLENTY, PLENTY OF SEATS, AS MANY AS BERNIE WOULD LIKE.
AND WHAT ABOUT UPDATES? IS THAT INCLUDED IN THIS PLAN? YES, SIR.
AND THEN LONG-TERM, OVER THE MULTIPLE YEARS, THERE IS ONGOING SUPPORT PROVIDED BY OPENGOV.
SO WE FEEL VERY COMFORTABLE WITH IT AND VISITING WITH THOSE OTHER CITIES SAYING THEY'VE GOT REPRESENTED WELL.
UM, WHAT IF AFTER THE FIVE YEARS YOU DECIDE YOU WANNA SWITCH, WHAT HAPPENS TO THE DATA? THE DATA STAYS THE SAME.
WE CAN THEN INTEGRATE THAT TO ANOTHER SYSTEM.
WE LIKELY WOULD HAVE TO PAY FOR SOME SORT OF TRANSITION.
SO, UM, DEPENDING ON HOW LARGE IT IS, WHEN I WAS IN SAN ANTONIO, UM, MY CHIEF INFORMATION OFFICER SAYS HE'S GONNA QUIT IF I EVER ASKED HIM TO DO THAT, UM, BECAUSE WE CHANGED OUR BUSINESS PROCESS SO MUCH TO BE ABLE TO ACCOMMODATE THE SOFTWARE SYSTEM AND STREAMLINE THAT, THAT, UM, THAT HAD TREMENDOUS AMOUNT OF EXPENSE FOR, FOR SAN ANTONIO.
UM, WE HAD, UH, CITYWORKS THERE AS WELL.
WE COULD, UM, ACTUALLY, AND BECAUSE THAT DATA IS CONSISTENT AND IT STAYS WITH AND TAGGED WITH THOSE ASSET IDS.
THE MOST IMPORTANT THING WE CAN HAVE IS THAT DATA THAT'S TIED.
AND SO WITH DATABASES, WE COULD ULTIMATELY TRANSFER THAT SHOULD WE HAVE A BAD FIVE YEARS.
THERE'S ALWAYS REALISTIC POSSIBILITY.
I MEAN, I, I CAN TELL YOU, DATA, DATA TRANSPOSITION FROM ONE SYSTEM TO THE OTHER, I WENT THROUGH THAT MEDICAL PRACTICES.
THEY ALL SAY IT'S GONNA BE NO PROBLEM DOING THE INTEGRATION AND IT'S ALWAYS A PROBLEM.
WE DID THAT WITH - THIS ONE'S ALWAYS.
SOFTWARE, THIS IS THE, THE NAME OF THE GAME IN MUNICIPAL SOFTWARE AND THAT'S WHY I MADE SURE DIRECTOR ROWDY, DIRECTOR BUCKLEY ARE ALIGNED WITH THIS.
THIS IS A TOOL THAT EMPLOYEES HAVE BEEN ASKING FOR MULTIPLE TIMES.
THIS IS A, THIS IS JUST KIND OF A MATURITY STANDPOINT IN OUR, IN OUR ORGANIZATION THAT WE NEED FOR THIS UTILITY.
UM, THERE MAY BE TIMES WHERE SOMETHING CHANGES IN THIS, IN THE SOFTWARE INDUSTRY WHERE MAYBE IN FIVE YEARS WE DO WANNA GO, RIGHT? AND SO TH- THIS IS SOMETHING THAT TYPICALLY WE LOOK AT, WE LOOK AT, UH, TO UNDERSTAND WHAT IT TAKES TO TRANSITION.
AND SO, UH, HOPEFULLY THIS IS A GOOD PARTNERSHIP FOR MORE THAN THIS FIVE YEARS.
SO BASICALLY WE'RE SAYING WE'RE GONNA MAKE THESE GUYS' JOBS EASIER.
THE ONLY OTHER QUESTION I HAVE - I DON'T KNOW WHAT WE'RE GOING UP HERE.
ONLY OTHER QUESTION I HAVE IS A LOT OF THESE SOFTWARE MANUFACTURERS OF ALL TYPES, THEY'RE BACKENDING AI SYSTEMS. WHAT ARE, WHAT ARE THESE GUYS DOING? ARE THEY GONNA BACKEND? ARE THEY DOING THAT? ARE THEY PLANNING TO DO THAT BECAUSE THAT RAISES A SECURITY ISSUE - YEAH.
WITH AN AI SYSTEM BACKENDS INTO THIS.
SO WE CHALLENGED THEM WITH DIRECTOR ROWDY'S NEW SECURITY REQUIREMENTS ON IT SECURITY AND AI.
AND SO THEY'VE MET ALL OF THAT IN PASSING.
IT'S JUST BEING HOSTED, UH, BUT ULTIMATELY IT'S OUR DATA, UM, ONLY FOR THE BENEFIT OF THE CITY OF BERNIE.
AND SO THAT'S IN, THAT'S IN THE LICENSE AGREEMENTS FOR THAT.
UH, DIRECTOR ROWDY, IS THERE ANYTHING MORE YOU WANNA ADD OR...
WITH THE ADDITION OF AI AND MORE CYBERSECURITY CENTRIC STUFF, WE'VE IMPLEMENTED AN IT VENDOR, UH, QUESTIONNAIRE, AND THEY FILLED THAT OUT.
UH, AS FAR AS AI, UH, THERE, THERE'S NOTHING THAT THIS SYSTEM'S GONNA, TO, UH, MAKE ANY KIND OF DECISIONS.
IT'S ALL GONNA BE MADE BY MIKE AND HIS TEAM.
[01:45:02]
WE HOPE.BUT IN THE FUTURE, I MAY BE LOOKING FOR SOME AI ASSISTANCE.
AND SO WE HAD SUCH A NEED TO NOT FOLLOW THE RULES, DEVELOP OUR OWN PROCESSES THAT WE CHANGED THE SOFTWARE SYSTEM SO SIGNIFICANT THAT IT BECAME NON-FUNCTIONAL FOR US ON SUBSEQUENT REVISIONS.
HERE WE, WHAT WE SAID TO, UM, OPENGOV WAS, LET'S TALK ABOUT THE BEST PRACTICES AND ALL THE OTHER UTILITIES IN THE STATE AND THE NATION AND HELP US GET THERE BECAUSE WE WANT A STANDARDIZED FORMAT AND NOTHING UNIQUE JUST TO BERNIE.
BUT, UM, I'M GONNA ALWAYS BE PEEKING UNDER THE HOOD AND WANTING TO SEE, UM, WHAT OTHER POSSIBILITIES WE CAN DO WITH THIS.
BUT, UM, AS I'VE ALSO STATED, WE GOTTA WALK BEFORE WE CAN RUN ON THIS AND, OR CRAWL BEFORE WE WALK, I THINK IS WHAT I SAID.
BUT, UM, WE GOTTA GET OFF THE PAPER.
CAN I GET A MOTION FOR COUNCIL MACALUSO? MAYOR, I APPROVE, UM, I MOVE THAT WE APPROVE RESOLUTION NUMBER 2026-R64, RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR ENTERPRISE ASSET MANAGEMENT SOFTWARE SYSTEM THROUGH THE VERDISOFT COOPERATIVE PURCHASING PROGRAM BY BOARD CONTRACT NUMBER 793-26, ESTABLISHING PRICE FOR FIVE YEARS AND AUTHORIZING TERTIARY EXPENDIT- EXPENDITURES IN THE AMOUNT NOT TO EXCEED $297,170.77 WITH FUTURE ANNUAL EXPENDITURES SUBJECT TO THE CITY COUNCIL'S BUDGET APPROPRIATIONS.
SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
[9.B. 2026-411 RECEIVE BIDS AND CONSIDER RESOLUTION NO. 2026-R65; A RESOLUTION AWARDING THE CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT GRANULAR ACTIVATED CARBON ADDITION PROJECT TO _______________AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT WITH A NOT TO EXCEED TOTAL CONSTRUCTION COST OF $______________.]
9B 2026 DASH, OR NO, EIGHT.RECEIVE BIDS AND CONSIDER RESOLUTION NUMBER 2026-R65.
RESOLUTION AWARDING THE CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT, GREEN LIGHT ACTIVATED CARBON ADDIC - ADDITION PROJECT TWO AND AUTHORIZES THE MANAGER TO MANAGE AND EXECUTE RELATED CONTRACT.
GOOD EVENING, MAYOR AND COUNCIL.
TONIGHT, AS MENTIONED, WE'LL BE PRESENTING YOU THE BIDS THAT WERE RECEIVED FOR THE, UH, GRANULAR ACTIVATED CARBON OR GAC PROJECT.
THIS IS HOW IT ALIGNS WITH OUR CITY STRATEGY MAP.
SO THIS GAC, UH, ADDITION PROJECT WILL BE LOCATED AT OUR WATER TREATMENT PLANT AT BURNEY CITY LAKE, AS SHOWN IN THIS YELLOW BOX HERE JUST TO THE RIGHT OR EAST OF OUR OPERATIONS BUILDING.
IT'LL SERVE AS THE FINAL FILTRATION PROCESS FOR THE WATER, UH, LIKE A POLISHING OF OUR WATER BEFORE IT GOES INTO WATER STORAGE AT OUR STORAGE TANKS HERE, AND THEN ULTIMATELY INTO THE DISTRIBUTION SYSTEM.
UM, IT'LL PROVIDE OVERALL IMPROVEMENT TO OUR WATER QUALITY.
UM, THE GOAL OF THE GAC IS REALLY TO REMOVE THOSE ORGANICS THAT WE CAN SEE FROM TIME TO TIME IN THE LAKE.
UM, AND THOSE ORGANIC CAN REACT WITH OUR CHLORINE DISINFECTION AND, UH, FORM, POTENTIALLY FORM DISINFECTION BYPRODUCTS OR DPPS WE CALL THEM.
AND THESE DBPS ARE HIGHLY REGULATED, UH, CONTAMINANTS BY THE TCQ, SO THE GAC WILL HELP US TO STAY IN MORE COMPLIANCE WITH THE TCQ REQUIREMENTS.
ADDITIONALLY, UH, GAC IS A, DOES A GREAT JOB AT REDUCING TASTE AND ODOR, OR GEOSMIN, AS WE'RE FAMILIAR WITH, FROM TIME TO TIME SEASONALLY.
SO IT WILL HELP, UM, WITH THAT EFFORT AS WELL.
PROJECT WAS, UH, BID OUT IN SEPTEMBER WITH BIDS OPENED ON OCTOBER 15TH.
WE RECEIVED SEVEN BIDS RANGING FROM 1.97 MILLION TO ABOUT 2.59 MILLION.
UH, CONTRACTORS PROVIDED TWO PRICING OPTIONS FOR THE CITY.
UH, ONE THAT INCLUDED GRANT REQ - UH, ALL THE GRANT REQUIREMENTS, WHICH I'LL GET TO IN JUST A SECOND.
AS YOU WERE AWARE, THE PROJECT, UH, WAS SUBMITTED TO THE TEXAS WATER DEVELOPMENT BOARD FOR, UH, 100% GRANT OPPORTUNITY.
UM, ADDITIONALLY, THEY PROVIDED AN ALTERNATE BID WITHOUT, UH, MEETING THE GRANT REQUIREMENTS.
AND ULTIMATELY, THAT ENDED UP BEING ABOUT A 2.8% COST DIFFERENCE AND NOT TOO MUCH OF A DIFFERENCE.
AND WHAT WAS INCLUDED IN THAT, THAT, UH, BID OR THE DIFFERENCES BETWEEN THE BID WAS US IRON AND STEEL MATERIAL REQUIREMENTS.
SO THE GRANT REQUIRES THAT ALL THE MATERIALS OR MOST OF THE MATERIALS MEET, UM, US IRON AND STEEL MADE MATERIALS.
AND THE LOW BIDDER WAS REC INDUSTRIES INCORPORATED.
THEY WERE THE LOW FOR BOTH THE BASE AND THE ALTERNATE BID.
HDR, OUR DESIGN CONSULTANT, CONDUCTED A DUE DILIGENCE REVIEW OF THEIR, UM, BID PACKAGE, INCLUDING THEIR REFERENCES AND, UM, THEIR FINANCIALS AND EVERYTHING CAME OUT TO BE IN POSITIVE STANDING.
SO AS MENTIONED, THE PROJECT, UH, WE SUBMITTED BACK IN JULY TO THE, AN APPLICATION TO THE, UH, TEXAS WATER DEVELOPMENT BOARD FOR THE WATER SUPPLY AND INFRASTRUCTURE GRANT.
UH, AGAIN, THIS IS A 100% GRANT OPPORTUNITY FOR
[01:50:01]
ELIGIBLE DESIGN AND CONSTRUCTION COSTS FOR THE PROJECT.UM, WE'RE PENDING DETERMINATION FROM THEM.
WE HAVE NOT, UH, BEEN, UM, CONTACTED BY THEM, BUT WE'RE ANTICIPATING JAN - UH, DECEMBER OR JANUARY AT THE LATEST TO RE - TO HEAR A FINAL AWARD.
UH, UP TO THIS POINT, THE PROJECT HAS PROCEEDED, UH, AND TO BE IN COMPLIANCE FOR THE GRANT IN CASE WE DO END UP GETTING, UM, THE GRANT OPPORTUNITY.
UH, SO WE RECOMMEND PROCEEDING WITH THAT, THAT BASE BID THAT PRESERVES OUR ELIGIBILITY FOR THE GRANT.
UH, IN THE, IN THE, UH, EVENT THAT WE AREN'T, UH, AWARDED THE BID, THE GRANT, WE DO HAVE AN ALTERNATIVE FUNDING STRATEGY.
THIS PROJECT WAS ALREADY INCLUDED IN OUR CAPITAL IMPROVEMENT PLAN, UH, BUDGETED FOR THIS YEAR.
HOWEVER, THERE WAS A, UH, THE, THE BIDS WE RECEIVED WERE A LITTLE BIT OVER WHAT WE BUDGETED FOR.
SO WE HAVE LOOKED AT WITH, HELP WITH FINANCE, UH, OTHER PROJECTS IN OUR CIP WHERE WE CAN REALLOCATE FUNDS THAT HAVEN'T BEEN EXPENDED SO WE CAN COVER THAT COST DIFFERENCE.
UM, IF YOU ARE TO APPROVE TONIGHT'S, UM, CONTRACT WITH REC INDUSTRIES, THEY CAN BEGIN AS SOON AS NEXT MONTH AND, UH, FINISH BY MID-SUMMER NEXT YEAR IN JULY.
WITH THAT, I'LL OPEN UP TO ANY QUESTIONS YOU MAY HAVE.
HOW MUCH IS THE GRANT THAT WE APPLIED FOR, FOR, UH, POSSIBLY? IT IS FOR THE FULL PROJECT COST.
I BELIEVE IT'S 2.3 OR 2.4 MILLION, SO IT' MORE - WE WON'T HEAR ABOUT THAT TILL WHEN? I'M SORRY? WE WON'T HEAR ABOUT THAT UNTIL WHEN? TILL JANUARY AT THE LATEST IS WHAT I'M HEARING FROM OUR CONSULTANT WE'VE BEEN WORKING WITH.
SO IT WOULD BE REIMBURSEMENT, BASICALLY? CORRECT.
I KNOW YOU DIDN'T MENTION IT, BUT I KNOW MIKE USED TO TALK ABOUT IT ALL THE TIME.
IS THIS THE GEOSIM STUFF, RIGHT? THIS WILL HELP GET RID OF SOME OF THAT GEOSIM? YES.
YEAH, SO JACK - YOU KNOW WHAT I'M SAYING? JACK IS LIKE A CARBON FILTER LIKE YOU HAVE IN YOUR REFRIGERATOR.
IT, IT, IT BASICALLY TAKES OUT EVERYTHING IN THE WATER AND GEOSMIN'S ONE OF THOSE THAT IT REMOVES.
CAN I GET A MOTION FROM COUNCILMAN WILLISON? MAY I MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2026-R65, EXCUSE ME, A RESOLUTION AWARDING THE CONTRACT FOR CONSTRUCTION OF THE WATER TREATMENT PLANT GRANULAR ACTIVATED CARBON ADDITION PROJECT TO REC INDUSTRIES INCORPORATED AND AUTHORIZING THE CITY MANAGER TO MANAGE AND EXECUTE THE RELATED CONTRACT WITH A NOT TO EXCEED TOTAL CONSTRUCTION COST OF $2,070,000.
[9.C. 2026-441 CONSIDER RESOLUTION NO. 2026-R66; A RESOLUTION DESIGNATING THE CITY'S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE-BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO INCREASE THE ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2027 TO 2,205 ACRE FEET. (Annual Commitment to GBRA)]
ON TO AGENDA ITEM 8C2026-441, CONSIDER RESOLUTION NUMBER 2026R66, A RESOLUTION.THEN THE CITY'S ANNUAL COMMITMENT FOR WATER FOR THE GUADALUPE RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT PRESENTING MIKE BRINKER.
YOU FEEL LIKE SARAH BUCKLEY NOW.
YEAH, NO, IT'S, UH, I'M KEEPING YOU LATE.
UM, THAT RESOLUTION, UM, WITH REGARD TO PROCURING, UM, AND PLANNING FOR GBRA WATER IS CONSISTENT WITH HIGH QUALITY CUSTOMER EXPERIENCE ACROSS EVERY POINT OF CONTACT AND USING OUR DATA TO DRIVE SMART DECISION MAKING.
UM, THE ANNUAL ALLOCATIONS BEGAN IN 2006, AND YOU CAN SEE HERE ALL THE WAY IN 2026, WE WERE AT 2165, UH, ACRE FEET USED BY THE G - UH, FROM THE GBRA ALLOTMENT.
WE'RE PROPOSING WITH THIS RESOLUTION TO ADD 40 ACRE FEET ONTO THAT.
WHEN I GOT HERE, I, I, I WAS THINKING ABOUT IT A LITTLE MORE, BUT, UM, STAFF PULLED ME OFF THE LEDGE.
ONE OF THE CHALLENGES IS WE HAD SOME SIGNIFICANT RAINFALL, UM, GEOSMIN ISSUES AND COLOR ISSUES AT THE PLANT.
AND SO SHOULD THAT PLANT GO DOWN, I'M USED TO HAVING MORE RESERVES.
UM, SO WE'RE ASKING FOR A LITTLE BIT, PLUS WE HAVE AN ADDITIONAL POPULATION EXPANSION OF ABOUT A THOUSAND PEOPLE EACH YEAR.
SO THAT 40 ACRE FEET WILL DEFINITELY BE USED, UH, FULLY, UM, AND WE'LL MAKE SURE OF THAT GOING INTO 2027.
AND WITH THAT, I CAN ANSWER ANY QUESTIONS.
ANY QUESTIONS OR CONCERN FOR COUNCIL? NOT GET A MOTION FOR COUNCILMAN WILLISTON.
MAY I MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2026-R66, A RESOLUTION DESIGNATING THE CITY'S ANNUAL COMMITMENT FOR WATER FROM THE GUADALUPE BLANCO RIVER AUTHORITY AS PART OF THE WESTERN CANYON REGIONAL WATER SUPPLY PROJECT TO INCREASE THE ANNUAL COMMITMENT OF WATER FOR CALENDAR YEAR 2027 TO 2,205 ACRE FEET.
SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.
[9.D. 2026-442 CONSIDER RESOLUTION NO. 2026-R67; A RESOLUTION DESIGNATING THE CITY'S QUARTERLY ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY'S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER CONSERVATION DISTRICT TO 15, 35, 35, AND 15 PERCENT FOR CALENDAR YEAR 2027. (Annual withdrawal permit with Cow Creek)]
ON TO 8D 2026-442, CONSIDER RESOLUTION NUMBER 2026R67, DESIGNATING THE CITY'S QUARTERLY ALLOCATION[01:55:01]
OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY'S WITHDRAWAL PERMIT FROM COW CREEK GROUNDWATER.AND BACK TO MY COMMENT ABOUT, UM, DIRECTOR BUCKLEW, I THINK I PROBABLY HAVE TO HAVE 10 OF, 10 PLUS IN A ROW TO EVEN COMPETE, BUT - DON'T WORRY.
SHE'S, SHE MIGHT BE UP NEXT TO ME.
IT, IT'S A REQUIREMENT THAT WE NOTIFY THE COW CREEK GROUNDWATER DISTRICT OF WHEN WE WILL PULL WATER FROM THE GROUNDWATER.
IT, IT CONTINUES TO HELP OFFER CONSISTENT HIGH QUALITY CUSTOMER EXPERIENCES WHILE USING OUR DATA TO ARRIVE OUR DECISIONS.
UM, IT BEGAN IN 20- 2007 WITH 1800 ACRE FEET A- AVAILABLE, AND OUR QUARTERLY ALLOCATIONS HAVE BEEN BASICALLY A 15, 35, 35, 15 ALLOCATION.
AND THIS IS SIMPLY, UH, AN APPROVAL SO THAT WE CAN SUBMIT THAT TO THE CAL CREEK GROUNDWATER DISTRICT SO THEY CAN ANTICIPATE OUR WITHDRAWALS FOR THE NEXT CALENDAR YEAR AS REQUIRED BY, AS REQUIRED BY THEIR, UM, RULES.
AND I'D BE HAPPY TO ANSWER ANY QUESTIONS ON THOSE.
ANY QUESTIONS ON THIS COUN - MOTION FROM COUNCILMAN BUNKER, PLEASE? YEAH, I MOVE WE APPROVE RESOLUTION NUMBER 2026R67, A RESOLUTION DESIGNATING THE CITY'S QUARTERLY ALLOCATION OF GROUNDWATER PRODUCTION AS IT PERTAINS TO THE CITY'S WITHDRAWAL PERMITS FROM CROWD CREEK GROUNDWATER CONSERVATION DISTRICTS TO 15, 35, 35, AND 15% FOR CALENDAR YEAR 2027.
ANNUAL WITHDRAWAL PERMIT WITH COW CREEK.
SECOND FROM COUNCILMAN MICKELSON, PLEASE VOTE.
RESOLUTION PASSES THANK YOU, EVERYONE.
[Items 9.E. - 9.I. ]
WE'RE GONNA HAVE AGENDA ITEMS 90, NI - AND THROUGH 9I, UH, ALL PRESENTED BY THE SAME TIME.WE'RE GONNA VOTE ON THEM ALL SEPARATELY.
WE'RE GONNA CALL ON DANNY TO PRESENT THESE SHARED AGREEMENTS.
WELL, THAT WAS MY ENTIRE PRESENTATION.
I WAS JUST GONNA SAY I'M GONNA PRESENT ON ALL THOSE AND THEN YOU HAVE TO VOTE ON THEM SEPARATELY, SO.
WE'LL JUST START, WE'LL JUST START GOING.
THAT'S ALL I REALLY HAD FOR YOU, YOU KNOW.
UH, S- SO AS WE KNOW, ALL OF THESE SHARED SERVICES AGREEMENTS ARE, ARE GREAT PARTNERSHIPS, AND AS YOU CAN SEE, IT REALLY LANDS IN A LOT OF DIFFERENT AREAS IN OUR STRATEGY MAP.
UM, AND SO I'M GONNA, I'M GONNA GO THROUGH THESE SEPARATELY.
THERE ARE DIRECTORS THAT MANAGE THESE AGREEMENTS ARE ALL HERE IF YOU HAVE SPECIFIC QUESTIONS ABOUT ANY OF THESE.
THERE AREN'T ANY MAJOR CHANGES.
THERE WERE CHANGES TO THE AGREEMENTS, AND WE'LL TALK A LITTLE BIT ABOUT THOSE, BUT THOSE WERE MORE, UH, INTERNAL NEEDS FOR US AND EFFICIENCY, UH, AND CONSISTENCY THROUGHOUT THOSE AGREEMENTS.
SO AS YOU CAN SEE HERE, THESE ARE THE FIVE PARTNER AGREEMENTS, OUR SHARED SERVICE AGREEMENTS, UH, THE RAINBOW SENIOR CENTER FOR 100,000.
THIS INCLUDES THE 25,000 THAT WE ADDED, UH, FOR MEALS ON WHEELS, UH, IN PREVIOUS YEARS.
I BELIEVE THIS IS A CO- COMBINATION OF TWO AGREEMENTS, UH, THAT WERE THERE BEFORE, BUT THE TOTAL AMOUNT IS THE SAME.
HILL COUNTRY FAMILY SERVICES FOR 45,000.
CIVILO CENTER FOR CONSERVANCY, 15,000, AND HILL COUNTRY CASA FOR 5,000.
SO THOSE ARE AGREEMENTS THAT WE, WE...
USUALLY THIS IS, THIS IS ALREADY APPROVED IN THE BUDGET.
THESE ARE THE SAME AS WE'VE TALKED ABOUT IN THE PAST.
TYPICALLY, WE BRING THESE FORWARD IN THE CONSENT AGENDA AFTER THE BUDGET AND MOVE FORWARD WITH THEM.
BUT WE DID WANNA MAKE SOME CHANGES.
EACH OF THESE AGREEMENTS JUST KINDA CAME ON AT DIFFERENT TIMES.
THEY HAD DIFFERENT WORDING, DIFFERENT REQUIREMENTS.
SO WE WANTED TO HAVE SOME CONSISTENCY IN THOSE AGREEMENTS, AND THEN ALSO SOME EFFICIENCIES AS FAR AS HOW WE PAID THEM.
SO, UH, THEY ALL HAD QUARTERLY PAYMENTS, QUARTERLY REPORTING, UH, WHICH CAUSED OUR STAFF TO HAVE TO GO THROUGH INTO THE, WELL, MULTIPLE TIMES THROUGHOUT THE YEAR TO, TO DEAL WITH THOSE THINGS.
SO THEY ALL WILL HAVE A ONE-TIME PAYMENT, UM, CONSISTENTLY THROUGHOUT THEIR, UM, THINGS LIKE PROOF OF INSURANCE, CITY, HOW CITY FUNDS CAN BE USED, CAN'T BE THE LARGEST SOURCE OF THE, UH, REVENUE FOR THE, UH, UM, ORGANIZATION, HOW REPORTING IS DONE NOW ONCE A YEAR RATHER THAN QUARTERLY, UM, ITEMIZATION, ALL OF THOSE THINGS ARE NOW, UM, CONSISTENT ACROSS ALL OF THE AGREEMENTS SO THAT WE DON'T HAVE A REQUIREMENT FOR ONE, NOT THE OTHER.
SO THAT WAS THE MAIN, MAIN REASON FOR GOING THROUGH THAT PROCESS WITH OUR LEGAL TEAM, UH, TO GET THERE.
AND AS I SAID, WE HAVE, UH, FOLKS HERE THAT REPRESENT EACH OF THOSE.
IF YOU HAVE SPECIFIC QUESTIONS OTHERWISE, UH, WE'LL TAKE THESE ONE AT A TIME TO VOTE ON THEM.
ANY QUESTIONS FROM COUNCIL? ALL RIGHT, CAN I GET A MOTION ON - NO QUESTION.
UH, THE BULLET UNSPENT FUNDS COME BACK TO THE CITY.
HOW DO YOU GUYS DETERMINE THAT? WELL, THEY...
DURING THE REPORTING, THEY HAVE TO REPORT THOSE EXPENDITURE OF THOSE FUNDS, SO IF THOSE FUNDS WEREN'T REPORTED AS SPENT, UH, AND THOSE RECEIPTS THERE, THEN THEY WOULD HAVE TO RETURN THAT MONEY.
SO EACH - WE HAVE NOT EVER HAD THAT BE THE CASE, UM, BUT THAT'S HOW WE WOULD HAVE TO GET THROUGH THAT REPORTING STRUCTURE.
UH, WE'LL START WITH AGEN - UM, 9E 2026-358.
CAN I HAVE A MOTION FROM COUNCILMAN WILLISTON? CHAZ, YOU, UH, MOVE...
MAY I MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER
[02:00:01]
2026-R68, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A SHARED SERVICES AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BURNEY AND RAINBOW SENIOR CENTER.SECOND FROM COUNCILOR MACALUSO, PLEASE VOTE.
MOVING ON TO 9F26-359, CAN I GET A MOTION? UM, DR.
MAYOR, I MOVE TO APPROVE RESOLUTION NUMBER 2026-R69, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A SHARED SERVICES AGREEMENT FOR THE FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BERNIE AND THE FRIENDS OF THE SIBILO WILDERNESS SIBILO CENTER FOR CONSERVATION, OR CONSERVANCY AS THEY SOMETIMES RECALL IT.
SECOND FOR COUNCIL MICKELSON, PLEASE VOTE.
COUNCILMAN WILLISON WITH THE QUICK FINGERS.
MAYOR, MAKE A MOTION THAT WE APPROVE RESOLUTION NUMBER 2026-R70, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND MANAGE A SHARED SERVICES AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BERNIE AND BERNIE HILL COUNTRY FAMILY SERVICES.
SECOND FROM COUNCIL MICHELSON TO VOTE.
CAN I GET A MOTION FROM COUNCILMAN MACALUSO? MAYOR, I MOVE TO APPROVE RESOLUTION NUMBER 2026-R71, A RESOLUTION AUTHORIZED FROM THE CITY MANAGER TO ENTER INTO AND TO MANAGE A SHARED SERVICES AGREEMENT FOR FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BURNEY AND DUST GREENHOUSE.
SECOND FROM COUNCILOR BUNKER, PLEASE VOTE.
ALSO PASSES 5-0 THANK EVERYONE.
I'LL ENTERTAIN A MOTION FROM BRAD BUNKER.
I MOVE WE APPROVE RESOLUTION NUMBER 2026R72, RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO MANAGEMENT AND SHARED SERVICE AGREEMENT FOR THE FUNDING OF PUBLIC PURPOSE BETWEEN THE CITY OF BURNEY AND HILL COUNTRY COURT APPOINTED SPECIAL ADVOCATES OR HILL COUNTRY CASA.
SECOND FROM COUNCIL MICKELSON, PLEASE VOTE.
[10.A. 2026-489 DICKENS ON MAIN UPDATE. ]
ITEM AGENDA ITEM NUMBER 10, CITY'S MAINTENANCE REPORT, UH, A2026-489 DICKENS ON MAIN UPDATE PRESENTING LIZETTE.BEN, DO YOU HAVE ANYTHING BEFORE? NO, MAYOR, JUST, UH, TWO ITEMS HERE.
WE'LL GO THROUGH THESE QUICKLY, UH, AND THEN, UH, WE'LL END THE MEETING.
AFTER EXECUTIVE SESSION AGAIN.
GOOD EVENING, COUNCIL AND MAYOR.
ALL RIGHT, WE'RE GONNA GET RIGHT INTO IT.
UH, DICKENS IS AROUND THE CORNER.
THIS IS THE LAST TIME THAT WE WILL BE TOGETHER AS A TEAM BEFORE DICKENS, SO WE WANNA TAKE ADVANTAGE WHILE EVERYONE'S TOGETHER.
UH, JUST A RECAP FROM LAST YEAR, WE HAD OVER 51,000 VISITORS FOR DICKENS.
UH, 65% OF THOSE TRAVELED FROM THE OUTSIDE OF OUR 78006 ZIP CODE.
20% OF VISITORS TRAVELED MORE THAN 100 MILES TO VISIT US AND 10% OF VISITORS TRAVELED MORE THAN 250 MILES.
WE HAVE MADE A NAME FOR OURSELVES, THAT IS FOR SURE, AND IT'S ALSO A REFLECTION OF WHY WE WERE NAMED ONE OF THE TOP FINALISTS FOR THE NATIONWIDE HALLMARK CHANNEL, UM, FOR THE MARRIES CHRISTMAS TOWNS.
IF WE WOULD'VE WON, WE WOULD'VE HAD A, UH, HALLMARK CHRISTMAS MOVIE HERE IN BERNIE.
UM, HOWEVER, MORE IMPORTANTLY, WE WERE THE ONLY CITY IN TEXAS THAT WERE NOMINATED, SO I THINK WE SHOULD BE PROUD OF THAT.
IT IS A REFLECTION OF OUR CITY AND WE'RE VERY, UH, VERY GRATEFUL FOR IT.
SO, UM, AS A REMINDER, DICKENS IS THE FRIDAY AND SATURDAY FOLLOWING THANKSGIVING.
THE STREETS WILL CLOSE AT 4:0 PM.
IF POLICE FEELS THAT WE NEED TO CLOSE IT SOONER, THEN THEY WILL IF THERE IS TOO MUCH, UH, FOOT TRAFFIC ON MAIN STREET.
UM, WE ONLY HAVE TWO ADDITIONS THAT ARE DIFFERENT THIS YEAR.
ONE BEING WE ARE GOING TO CONVERT THE PARKING LOT AT VISIT BERNIE TO, UH, ONLY ACCESSIBLE PARKING.
HOWEVER, UM, FOR THOSE THAT ARE ATTENDING, YOU WILL HAVE A RESERVE PARKING SPOT WITHIN THAT PARKING LOT.
YOU JUST HAVE TO SHOW THIS TO THE SECURITY GUARD BECAUSE WE WILL BE MANNING IT.
IT'S PRETTY LARGE, MADE IT LARGE FOR A REASON.
EASY FOR THE SECURITY GUARD TO SEE AS WELL.
[02:05:01]
UM, WE ARE ALSO GONNA ADD SOME SNOW TO THE GAZEBO, UM, AND WHERE, UH, MOST OF THE VISITORS TAKE THEIR PHOTO OP IN FRONT OF THE CHRISTMAS TREE AT MAINE PLAZA.UH, YOU WON'T SEE THAT UNTIL THE, THE MORNING OF, SO IT'S JUST A LITTLE EXTRA TOUCH THAT WE WANTED TO ADD.
WE ALWAYS TRY TO DO A LITTLE BIT BETTER EVERY YEAR.
UM, AND THEN SOME OF OUR RETURNING FAVORITES, OF COURSE.
WE WILL HAVE, UH, S - PHOTOS WITH SANTA AT THE COURTHOUSE.
THOSE PHOTOS WILL BE FREE, SO FAMILIES ARE MORE THAN WELCOME TO GRAB A PRINTOUT, PRINTOUT OF THE PHOTO AS WELL AS TAKE PHOTOS ON THEIR CELL PHONE.
UM, THEY'RE FREE TO THE PUBLIC.
THEY'LL ALSO HAVE OUR STAMPS, SO THAT MEMORY WILL CARRY ON IN THEIR FAMILY WITH A REMINDER THAT THEY WERE HERE IN BERNIE FOR DICKENS ON MAINE.
WE WILL HAVE THE I SLIDE COMING BACK FOR THE SECOND YEAR.
UH, WE'LL BE LOCATED AT MAIN PLAZA, JUST NOT ON THE PLAZA, BUT NEAR PLAZA.
UM, THE FAMOUS CALEB YOUNG WILL BE PERFORMING.
THE ICE SCULPTURE WILL TAKE PLACE BOTH NIGHTS, AND THE FAMOUS NUTCRACKER PERFORMANCE WILL BE BACK.
THIS SECOND YEAR BACK WITH NUTCRACKER, IT WAS ONE OF OUR HIGHEST, UH, RECOMMENDATIONS TO BRING THEM BACK FEEDBACK.
AND THEN A FEW THINGS THAT TAKE PLACE BEHIND THE SCENE THAT MAYBE YOU'RE NOT AWARE OF.
IT DOES REQUIRE 14 CITIES, CITY DEPARTMENTS TO MAKE SURE THIS IS E- EXECUTED WELL.
IT IS ABSOLUTELY A COLLABORATION WITHIN ALL DEPARTMENTS.
WE HAVE 26 PERFORMAN- PERFORMANCE AGREEMENTS, 10 LEASE AGREEMENTS, 170 VENDORS FOR THIS YEAR, 60 PORTABLE RESTROOMS. I KNOW THAT'S KIND OF ODD, BUT WOW, WE HAVE A LOT OF PORTABLE RESTROOMS AND IT CONTINUES TO INCREASE EVERY YEAR, AND 30 LIGHT TOWERS, WHICH ALSO CONTINUES TO INCREASE.
AGAIN, WE TRY TO MAKE THIS, UH, EVENT BETTER EVERY YEAR, MOSTLY TRYING TO SERVE THE COMMUNITY THE BEST WAY WE CAN.
UM, ANY QUESTIONS FOR DICKENS ON ME? I DON'T THINK 60 RESTROOMS IS ENOUGH FOR 51,000 PEOPLE.
THEY'RE NOT ALL THERE AT ONE TIME.
I DIDN'T SEE ANYBODY ABOUT, ABOUT THE BIG SCREEN TVS.
THEY WILL BE BACK - ON BOTH ENDS? BOTH ENDS, 30 FEET UP IN THE AIR.
WE WILL BE SHOWING THE, THE GAME, BUT WE CAN'T REALLY ADVERTISE IT.
AND WE DON'T SHOW THE WHOLE THING.
WE CAN'T ADD A THIRD ONE LIKE IN THE MIDPOINT.
YOU GUYS GONNA DO A CELL, UH, PORTABLE CELLULAR - YES, WE WILL HAVE A COW.
AGAIN, NOT POSSIBLE WITHOUT IT OR POLICE.
IT IS A FULL COLLABORATION CITYWIDE.
I JUST WANNA SAY THAT IS TREMENDOUS COLLABORATION FROM THE DEPARTMENTS FOR THE CITY OF BERNIE.
SO BEFORE IT EVEN KICKS OFF TO ALL EVERY DEPARTMENT THAT'S, THAT'S UTILIZED FOR THIS EVENT, THANK YOU.
UM, IT'S ONE OF THE BIGGEST THINGS THAT...
I WILL SAY YOU NEED TO PUT ON THERE FOR ATTENDINGS.
I MET TWO FAMILIES THAT CAME ACROSS THE POND TO COME JUST TO DICKENS ON MAINE LAST YEAR.
RIGHT? THAT WAS THEIR, THEIR HOLIDAY TRAVEL WAS, LIKE, THEY HEARD OF DICKENS ON MAINE SOMEWHERE, MAYBE THE HALLMARK CHANNEL, I DON'T KNOW, YOU KNOW? BUT THEY, THEY, THEY CAME JUST FOR THOSE COUPLE DAYS.
I WAS LIKE, "THAT'S PRETTY, PRETTY COOL." YEAH, IT WAS SOMETHING WE SHOULD BE VERY PROUD OF.
ARE WE ABLE TO MARKET? DOES HALLMARK ALLOW US TO MARKET AS A HALLMARK CHRISTMAS CITY? YES.
THAT LOGO THAT WAS ON THE, THAT WAS ACTUALLY FROM HALLMARK ITSELF AS THE OFFICIAL BADGE.
ARE WE TAKING ADVANTAGE OF THAT IN OUR - PROMOTION? YES.
UM, VISIT BERNIE AND OUR COMMUNICATIONS, UH, AND CIVIC ENGAGEMENT ARE DOING A, A VERY GOOD JOB WITH THAT.
IT IS ALS - IT WILL ALSO BE ON S - ON THE ENVELOPE THAT YOU WILL RECEIVE WITH YOUR PHOTO WITH SANTA.
FOR THOSE OF Y'ALL ATTENDING, WONDERFUL.
[10.B. 2025-666 GATEWAY/URBAN DESIGN FEATURE SUBCOMMITTEE UPDATE.]
THE NEXT ITEM WE GOT DIRECTOR MONTAGNO TO COME UP JUST TO GIVE AN UPDATE, A SUBCOMMITTEE UPDATE ON THE URBAN DESIGN, UH, GATEWAY FEATURES, UH, UH, REPORT.AND THEN, OF COURSE, COUNCIL MEMBER MACALUSO AND BATEMAN ARE BOTH PART OF THAT COMMITTEE AND THEY'LL, THEY'LL CHIME IN AS WELL.
SO LAST AND VERY LEAST, WE'LL TALK ABOUT THE GATEWAY URBAN DESIGN FEATURE SUBCOMMITTEE UPDATE.
YOU'LL REMEMBER LAST TIME I CAME UP BEFORE Y'ALL, WE HAD INDICATED THAT WE WERE LEANING TOWARD WAYFINDING SIGNAGE AND MONUMENT SIGNAGE, AND WE GOT THE CONSENSUS TO KIND OF CONTINUE ON WITH THAT.
SO TO GIVE Y'ALL AN UPDATE OF WHERE WE HAVE BEEN SINCE.
THE COMMITTEE MET AGAIN ON SEPTEMBER 22ND TO LOOK AT SOME INITIAL WAYFINDING CONCEPTS, WHICH YOU'LL SEE IN FRONT OF YOU THERE, AND DISCUSS WHAT POTENTIAL NEXT STEPS WOULD BE.
WE REALLY DECIDED AT THAT POINT TO KIND OF HONE IN ON THE WAYFINDING SIGNAGE.
UM, WE WERE NOT ABLE TO MEET WITH TXDOT PRIOR TO THAT SUBCOMMITTEE MEETING, BUT DIRECTOR CARROLL AND I DID SUBSEQUENTLY MEET WITH THEM IN EARLY OCTOBER.
UH, TXDOT WAS VERY RECEPTIVE TO ANYTHING WE WANTED TO DO.
UM, THEY HAD, UH, SOME IMMEDIATE
[02:10:01]
FEEDBACK FOR SOME OF THE THINGS WE'D ALREADY BROUGHT FORWARD, INCLUDING THAT OBELISK SIGNAGE THAT WE'D KIND OF SHOWN Y'ALL LAST TIME.UM, THEY HAD ACTUALLY SAID THAT'S NOT REALLY A GREAT LOCATION BECAUSE OF, YOU KNOW, UH, HOW THE, UM, HOW IT WAS SHORED UP IN THAT AREA.
THEY ACTUALLY RECOMMENDED SLIGHTLY TO THE SOUTH OF THAT, AND THERE'S A LITTLE BIT OF TXDOT OWNED PROPERTY IN THAT GREEN SPACE AS YOU'RE COMING UP TO THAT Y, WHERE IT SPLITS OFF TO RIVER ROAD.
UM, THEY WERE RECEPTIVE TO PUTTING SOMETHING THERE ALREADY, AND THEY JUST INDICATED, "LET US KNOW WHAT WE'RE GONNA DO, AND WE'LL COME FORWARD WITH THEM AND WORK WITH THEM AS APPROPRIATE." UM, AFTER THAT, WE KINDA...
WE'RE COMING FORWARD NOW TO DISCUSS WHAT THE POTENTIAL NEXT STEP COULD BE, WHICH WOULD BE GOING OUT FOR AN RFP FOR A CITYWIDE WAYFINDING SIGNAGE PLAN.
UM, I'LL THROW IT TO, UH, COUNCIL MEMBERS IF YOU'LL HAVE ANY COMMENTARY.
I MEAN, BASICALLY, WE, WE'RE, WE'RE WORKING WITHIN THE LIMITATIONS OF FUNDING, OBVIOUSLY.
UM, AND, UH, THERE ARE SOME AREAS THAT, UH, WE'VE LOOKED AT.
ONE IN PARTICULAR IS THE 46 AND, UH, AND I-10 INTERSECTION, UH, NEAR THE AREA WHERE THE CHASE BANK IS NOW.
THAT IS TXDOT PROPERTY THAT'S JUST SITTING THERE DOING NOTHING, WHICH WOULD BE A FAIRLY EASY SITE TO DO SOMETHING WITH.
IT'S A PRETTY HEAVILY TRAVELED SPOT COMING DOWN THE SERVICE ROAD AT 46, PLUS PEOPLE TRAVERSING 46 IN BOTH DIRECTIONS.
SO THAT'S PROBABLY THE NEXT, UH, LOCATION.
AND OF COURSE, ON THE BACK END, WE'RE LOOKING AT SOME OF THESE ROUNDABOUTS THAT MAY OR MAY NOT EVER COME TO FRUITION, BUT THERE'S SOME OTHER POTENTIAL THINGS WE...
AND IT'S, IT'S, IT'S VERY SPECIFIC, BECAUSE AS YOU JUST POINTED OUT, IN JUST THIS ONE LITTLE ITEM, YOU'VE GOTTA WORK WITH TXDOT, GOTTA FIGURE OUT WHERE IT FITS, HOW IT FITS, AND THEN ONCE YOU FIND OUT WHERE IT FITS LOCATION-WISE, DOES THE CONCEPT THAT YOU HAD FOR WHERE YOU THOUGH IT WAS GONNA GO FIT THE CONCEPT FOR WHERE IT'S ACTUALLY GONNA GO? SO YOU KINDA HAVE TO MAKE THOSE ADJUSTMENTS, THOUGH.
YEAH, I, I WOULD SAY THERE'S, UM, A FEW MOVING CONVERSATIONS AROUND HOW WE WOULD IMPLEMENT THESE FUNDS AND, AND UTILIZE THEM.
UM, AND SO THERE'S SOME BIGGER PROJECTS AROUND ENTRYWAYS INTO BERNIE AND WHAT THAT WOULD LOOK LIKE AND WHAT IMPRESSION THAT GIVES PEOPLE AS THEY ENTER BERNIE.
I THINK THAT'S A HUGE OPPORTUNITY, BUT IT'S ALSO A LARGER PROJECT AND LARGER COST.
UM, SO WE REALLY HONED IN ON WHAT WE CAN DO RIGHT NOW, UM, AND, AND NOT TO SIT AROUND AND WAIT.
SO THAT WAS WHERE THE CONCEPT KINDA CAME FROM.
UH, COUNCILMAN MCALUS IS CORRECT.
THERE'S CONVERSATIONS AROUND ROUNDABOUTS, BUT THAT'S FURTHER OUT ON A TIMELINE AS WELL.
SO WHAT CAN WE DO WITH THE FUNDS WE HAVE NOW? THIS IS WHERE WE LANDED.
UM, AND WHAT YOU SEE IN FRONT OF YOU ARE A FEW CONCEPTS, UM, WHERE'S, WHERE WE LA- LAST LEFT OFF IS DISCUSSING WHICH ONES LOOK RIGHT, AND THERE'S DIFFERENT COMPONENTS OF EACH OF THEM, IF YOU'LL NOTICE.
THE IRONWORK CUTOUTS, UM, DETAILS IS ONE OF THE COMPONENTS WE TALKED ABOUT.
UM, AT THE TOP, YOU'LL SEE THERE'S, UH, ON THE SECOND PICTURE, UH, SOME LIGHTING.
AND SO WE TALKED ABOUT THAT, AND THEN JUST DIFFERENT DESIGN STYLES, LIKE YOU'LL SEE AT THE BOTTOM.
UM, YOU'LL SEE ALSO THAT THE BOTTOM HAS DIFFERENT TYPES OF FOUNDATIONS.
I THINK ONE IS METAL, ONE'S CONCRETE OR STONE.
THERE'S A COMBINATION OF THEM.
SO THOSE KIND OF VARIABLES NEED TO BE DISCUSSED, UM, THE LOGOS, THINGS LIKE THAT.
SO THE, YOU KNOW, A LOT OF THE FINAL IMAGE IN, IN GOING OUT TO GET BIDS ON WHAT THOSE WOULD COST WOULD BE THE NEXT STEPS.
BUT THIS IS KIND OF DIRECTIONALLY WHERE, WHERE WE'RE LOOKING.
I DO WANNA ADD THAT PRELIMINARILY, I MEAN, OBVIOUSLY, UH, UH, THE FORESIGHT OF, UH, THE CITY AND THE COUNCIL IN APPROVING A PLAN TO SEQUESTER MONEY GOING BACK EIGHT YEARS HAS LEFT US WITH SOME FUNDS.
AND I WAS IMPRESSED WHEN YOU CAME FORWARD WITH SOME OF THE, UM, THE COMPARABLES.
I WAS EXPECTING THEM TO BE MUCH MORE EXPENSIVE THAN THEY ACTUALLY WERE.
SO WE DO ACTUALLY HAVE SOME ABILITY TO, TO DO SOME OF THESE THINGS NOW.
UH, NOT THAT THEY'RE CHEAP, BUT THEY WERE NOT NEARLY WHAT I ANTICIPATED.
I WAS REALLY ANTICIPATING MAJOR, MAJOR COSTS FOR EACH ONE OF THESE ITEMS, SO...
AND WHERE WE'RE KINDA LOOKING AT WITH THAT RFP IS REALLY FINDING OUT, USING A CONSULTANT, WHAT WOULD BE THE BEST LOCATIONS? AND THEN FROM THERE, PAIRING IT DOWN TO THESE CONCEPTS, DOWN TO BASICALLY ONE CONCEPT OF A WAYFINDING SIGNAGE THAT WE'D LIKE TO UTILIZE THROUGHOUT THE CITY, AND THEN STARTING TO REALLY STRATEGICALLY FOCUS ON WHICH OF THOSE LOCATIONS DO WE PRIORITIZE FIRST, WHERE DO WE PRIORITIZE SECOND, WHERE DO WE THROW THOSE DOWN THE LIST, AND SO ON AND SO ON WITH THAT.
AND THEN POTENTIALLY MOVING ON AS, UH, DR.
MACALUSO SAID TO THE ENTRY FEATURES, UH, FEATURES, AS WELL AS SOME OF THE OTHER ROUNDABOUT FEATURES AS WELL.
BUT AS THEY WERE SAYING, IT'S, THIS IS REALLY A MUCH QUICKER CONCEPT TO HANDLE, UM, IF Y'ALL ARE INTERESTED IN MOVING FORWARD WITH THAT.
SO WITH THAT, I MEAN, THE REST OF THE COUNCIL, IF YOU HAVE SOME THOUGHTS AND OPINIONS, IF YOU, IF YOU'RE COMFORTABLE WITH THIS APPROACH, THEN, UH, DIRECTOR MONTAGNA WILL GO OUT AND SOLICIT AN RF- RFQ, RFP.
JUST SEE WHO COULD COME AND ADVISE US, CONSULT WITH US, COME UP, YOU KNOW, HONE IN ON THE CONCEPTS AND LOCATIONS AS HE SHARED.
AND YOU GUYS WOULD ALL BE A PART OF THAT PROCESS AS WE MOVE FORWARD.
[02:15:01]
SO JUST KIND OF LIKE SOME GENERAL FEEDBACK IF YOU'RE COMFORTABLE WITH THE SUBCOMMITTEE'S, UH SIGNS ON LIKE A POLE, LIKE A POLE SIGN? WHAT'S THAT? NO, GO AWAY.HE'S TRYING TO GIVE ME HEARTBURN.
MACK'S POINT, IT'S SOMETHING WE'VE BEEN TALKING ABOUT FOR, YOU KNOW, AS LONG AS HIM AND I HAVE BEEN ON COUNCIL AND, UM, IT'D BE NICE TO SEE IT THROUGH - WHILE WE' STILL ON COUNCIL.
AND ONE OF THE THINGS WE, AND ONE OF THE THINGS WE ALSO TALKED ABOUT IS, YOU KNOW, IT'S OBVIOUS THAT PEOPLE CAN PUT IN AN ADDRESS AND GET TO A PLACE, BUT THESE WOULD BE MORE DESIGNED TO POINT PEOPLE INTO AN AREA, RIGHT? LIKE HISTORICAL AREA OR, YOU KNOW, CITY PARK AREA.
SO THOSE KIND OF THINGS I THINK ARE OPEN FOR DISCUSSION ON WHAT THOSE, UH, WAYFINDING SIGNS WOULD SAY AND WHAT THEY WOULD POINT OUT.
AND I THINK THAT'S WHERE, UM, HAVING SOME EXPERTS COME IN AND DO SOME ANALYSIS TO KIND OF GIVE SOME, POINTING US IN THE RIGHT DIRECTION ON THAT - UH-HUH.
WOULD BE HELPFUL, BUT, UM - I THINK AND AS WE HAVE THE, YOU KNOW, THESE PARKING LOT, THE, THE PARKING LOT GET FINISHED AND POTENTIALLY MORE - YEAH, I WAS JUST SAYING LIKE DOWNTOWN PARKING AND THINGS LIKE THAT, RIGHT? SO, UM, THAT WOULD BE THE NEXT STEP IS KIND OF GETTING A CONSULTANT TO COME IN AND TELL US WHAT MAKES SENSE AND FITS THE BUDGET AND THEN HONE IN ON KIND OF WHAT DESIGNS LOOK BEST.
AND, AND WE'RE TRYING TO PIGGYBACK.
I MEAN, WE'VE ALREADY GOT A SIGN AT THE RIVER, RIVER PARK - YEAH.
AND IT WAS NOT NEARLY AS EXPENSIVE AS I THOUGHT IT WAS
UH, WE'VE ALSO GOT THE SIGN THAT WAS PUT IN AT THE FLATS.
SO WE HAVE SOME, UM, STONEWORK, STEEL WORK.
WE HAVE SOME IDEAS THAT WOULD BE COMPATIBLE, I THINK, WITH THE HISTORY OF THE CITY AND THE, UH, THE AMBIANCE WE'RE LOOKING FOR TO MAINTAIN THE WHOLE COUNTRY, YOU KNOW, APPEARANCE, UH, EVEN IN THE 21ST CENTURY.
UM - WHEN IT GOES WITH OUR, THE DESIGN HANDBOOK, FOR SURE.
WELL, THAT, AND THAT'S THE GO - DESIGN HANDBOOK IS UNDERLYING EVERYTHING.
W- W - JUST A, THIS IS JUST A, A COMMUNITY THOUGHT QUESTION.
IF WE'RE GONNA DO SOMETHING, I LIKE ALL THE DESIGNS, BUT IF WE'RE GONNA DO SOME METAL YORK - WORK, HAVE WE THOUGH ABOUT...
DID YOU GUYS HAVE ANY CONVERSATIONS ABOUT MAYBE GETTING WITH THE WELDING SCHOOL AT CHAMPION AND SAYING, "COULD YOU GUYS DO SOME OF THAT FOR US, FOR, FOR PROJECTS, YOU KNOW, TYPE OF THING?" WE DID.
UH, THE COMMITTEE DID BRING THAT UP.
WE TALKED ABOUT THAT, AND THAT IS DEFINITELY SOMETHING WE CAN EXPLORE.
UM, NOT SURE IF WHAT THEY'RE ABLE TO DO WOULD ALIGN WITH THESE, THIS TYPE OF SIGNAGE, BUT WE DID TALK ABOUT THAT AND THAT'S SOMETHING WE CAN, UH, CONTINUE TO BRING UP.
JUST THIS KIND OF SIGNAGE, I MEAN, YOU'RE TALKING ABOUT LASER WELL CUTTING AND ALL KINDS OF DIFFERENT THINGS YOU GET INTO THAT, THAT MAY OR MAY...
I MEAN, I HAVE NO PROBLEM WITH IT.
WHERE IT'S APPROPRIATE, I DEFINITELY WOULD LIKE TO USE THEM.
BUT WE JUST HAVE TO SEE IF IT WORKS.
AND MAYOR, REALLY QUICKLY, JUST FINALLY, JUST WANNA WISH EVERYONE A HAPPY THANKSGIVING.
THIS IS OUR LAST MEETING BEFORE THANKSGIVING.
AND, UM, AND THEN ALSO, UH, UH, YOU, JUST TO REMIND YOU, NEXT TUESDAY, WE DO HAVE A R - APPRECIATION RECEPTION FOR OUR BOARDS AND COMMISSION MEMBERS, UH, NEXT TUESDAY EVENING.
I'M NOT SURE WHAT TIME IS THAT, CHAZ, 6:00? IS IT TUESDAY OR MONDAY? NEXT TUESDAY, 6:00.
THEN WE WILL OFFICIALLY MOVE INTO AGENDA ITEM 12A, EXECUTIVE SESSION.
[11. COMMENTS FROM COUNCIL]
FROM - OH YEAH.WAIT, DO I HAVE THAT? COUNCIL.
OH YEAH, COMMENTS FROM COUNCIL.
COMMENT, ANY COMMENTS FROM COUNCIL? BERN- BERNIE, BRAYHOUNDS WERE UNDEFEATED LISTED AS AN UNDEFEATED TEAM IN THE, UH, 5A.
ONE, ONE OF ONLY, I THINK, A HALF DOZEN, MAYBE.
TWO PLAYOFF GAMES THIS WEEK, RIGHT? YEAH.
THURSDAY NIGHT, GREYHOUND STADIUM, BERNIE GREYHOUNDS.
FRIDAY NIGHT, GREYHOUND STADIUM OR CHAMP - CHARGER STADIUM, I GUESS.
BERNIE STADIUM, UH, CHAMPION CHARGERS.
SO BOTH, BOTH, BOTH TEAMS PLAYING AT HOME THIS WEEK, THURSDAY, FRIDAY.
TY? I WAS JUST GONNA SAY, UH, UM, THIS PAST WEEKEND, UH, BERNIE BREWERY'S GOT 12 AWARDS AT THE DENVER INTERNATIONAL BREWERY, WHICH I THINK PER CAPITA MAKE, MADE US THE MOST WINNING CITY IN TEXAS.
REALLY? UM, THAT'S LIKE ONE OF THE TOP FIVE, UH, BREWERY COMPETITIONS IN THE COUNTRY.
SO, AND 28 SONGS GOT ONE OF THE BEST OF SHOW AWARDS AS WELL.
SO IT WAS A PRETTY BIG WEEKEND FOR BERNIE AND THE BREWERY WORLD.
I THINK PER CAPITA, WE HAVE THE MOST BREWERIES IN TEXAS ALSO.
YEAH, I THINK DRIPPING SPRINGS ARGUES WITH THAT.
WE JUST GOTTA FIGURE OUT HOW TO GET THE VENDORS TO BRING BACK THE BEER FEST.
ANY OTHER COMMENTS, QUESTIONS FROM COUNCIL? I, I DID WANNA MAKE A, A COMMENT, UM, UH, MAYOR AND COUNCIL.
UH, BEN AND I MET WITH SOME REPRESENTATIVES TODAY FROM TOWN & COUNTRY NURSING REHABI- REHABILITATION
[02:20:01]
CENTER UP ON NORTH MAIN.UM, AND THEY'RE ASKING THE CITY TO, UM, CONSIDER GIVING THEM CONSENT TO LEVERAGE A TAX-FREE EXEMPT FINANCING.
UM, AND SO THEY NEED OUR PERMISSION TO GO ASK FOR THAT.
THERE'S NO FINANCIAL OBLIGATION TO THE CITY, BUT THERE'S A HISTORY WITH THIS ORGANIZATION IN THE CITY, SO I WANTED TO BRING IT TO YOUR ATTENTION.
IT MAY COME UP IN THE NEXT MONTH.
I'VE ASKED THEM TO PROVIDE SOME MORE INFORMATION ON WHAT THAT FUNDING WOULD GO TOWARDS.
UM, THEY'VE RELAYED TO US THAT IT'S AROUND IMPROVING THE PROPERTY, NOT TO EXPAND IT.
SO, UM, WAIT TO, WAIT TO SEE WHAT THEY COME BACK WITH, BUT I WANTED TO GIVE YOU A HEADS UP THAT WE HAD THAT CONVERSATION TODAY.
[12. EXECUTIVE SESSION IN ACCORDANCE WITH THE TEXAS GOVERNMENT CODE]
WE WILL OFFICIALLY MOVE TO AN EXECUTIVE SESSION TO GEN - AGEN - OH MY GOD.UH, AGENDUM ITEM 12A 2026-493, SECTION 551.074, PERSONAL MATTERS RELATED TO THE CITY MANAGER'S EVALUATION.
ALSO, COUNCILMAN WILSON WOULD LIKE TO ADD - YEAH, I'D LIKE TO ADD, UH, SECTION 551-071, CONSULTATION WITH CITY ATTORNEY.
UH, YEAH, FOR THE JOHNS ROAD PROPERTY.
WE'LL OFFICIALLY ADJOURN TO EXECUTIVE SESSION AT 8:56 PM.
[13. RECONVENE INTO OPEN SESSION AND TAKE ANY NECESSARY ACTION RELATING TO THE EXECUTIVE SESSION AS DESCRIBED ABOVE.]
RECONVENE IN OPEN SESSION AT 9:20 PM.IF THERE'S NOTHING ELSE, WE WILL, WE WILL ADJOURN AT 9:20.
EVERYONE, THANK YOU FOR A GREAT EVENING, A LONG EVENING.
GOD BLESS, AND WE'LL SEE YOU AT HAPPY THANKSGIVING.