Aug 26, 2025 City Council on 2025-08-26 6:00 PM

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PM

[1. CALL TO ORDER – 6:00 PM]

WOULD YOU PLEASE JOIN ME IN A PRAYER? GRACIOUS GOD, WE GIVE YOU THANKS FOR A GLORIOUS DAY AND A WONDERFUL OPPORTUNITY TO BE HERE AND TO BE IN COMMUNITY.

WE GIVE YOU THANKS FOR THE OPPORTUNITY TO BE IN SERVICE TO YOU.

WE GIVE YOU THANKS FOR WHERE WE LIVE AND WHO WE LIVE WITH, THE LORD WITH IN HIS COMMUNITY, AND THAT WE LOVE AND SERVE, UH, OPEN OUR HEARTS AND MINDS AS WE HAVE DISCUSSIONS.

WE HAVE PUBLIC COMMENTS TONIGHT AS WE, AS A COUNCIL AND, AND AS LEADERSHIP OF THE CITY HAVE DISCUSSION THAT YOU GUIDE US WITH AND GUIDE OUR HEARTS WITH INTEGRITY.

UH, MAKE SURE THAT OUR DECISION MAKING PROCESSES AND OUR THOUGHTS ARE, UH, COMMUNITY BASE, CUSTOMER SERVICE ORIENTED, UM, AND IN LINE WITH WHO YOU CALL US TO BE AS YOUR CHILDREN.

IN YOUR SISTENCE NAME WE PRAY, AMEN.

AMEN.

WOULD YOU JOIN ME IN THE PLEDGE OF ALLEGIANCE AND THEN TO THE TEXAS FLAG? I PLEDGE EQUALS TO FLAG UNITED, UNITED INTO WHICH STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG, ALLEGEDLY TO DISEASE TEXAS, ONE STATE UNDER GOD, ONE, ONE AND INDIVISIBLE.

THANK YOU.

YOU MAY BE SEATED.

MOVING ON

[2. CONFLICTS OF INTEREST]

COUNCIL MEMBERS, ANY CONFLICTS OF INTEREST THIS EVENING? NO CONFLICTS OF INTEREST.

WE WILL MOVE ON

[3. PUBLIC COMMENTS: This is the opportunity for visitors and guests to address the City Council on any issue, in compliance with LGC Section 551.007. City Council may not discuss any presented issue, nor may any action be taken on any issue at this time. (Attorney General opinion – JC-0169)]

ITEM NUMBER THREE, PUBLIC COMMENTS.

I WANNA REMIND OUR SPEAKERS THAT AS YOU AS I CALL YOUR NAME AND YOU COME FORWARD, YOU WILL COME TO PODIUM PER THE STATE CHARTER.

YOU'RE REQUIRED TO GIVE YOUR NAME AND ADDRESS AND YOUR STATE.

YOUR THREE MINUTES WILL BEGIN.

I WANNA ALSO REMIND YOU THAT ANY QUESTIONS OR COMMENTS DIRECTED DIRECTLY AT THE COUNCIL PER THE STATE, WE CANNOT RESPOND DURING PUBLIC COMMENTS.

THIS IS THE, THE TIME FOR YOU TO SPEAK FOR YOUR THREE MINUTES, UM, SO WE CANNOT ENGAGE IN CONVERSATION WITH YOU.

THAT BEING SAID, OUR FIRST SPEAKER THIS EVENING IS PAULA RIKER.

PAULA, WELL, GOOD EVENING AND THANK YOU FOR THIS OPPORTUNITY TO SPEAK TO YOU.

UH, LET ME FIRST SAY, PAULA, WE NEED YOUR NAME, I'M SORRY, AND YOUR ADDRESS.

PAULA REER 1 0 1 CREEK SPRINGS.

RIGHT.

THANK YOU.

THANK YOU.

UH, LET ME FIRST SAY THAT, UM, CERTAINLY I SPEAK FOR MYSELF AND I THINK I SPEAK FOR THE OTHER SPEAKERS AS WELL TONIGHT ON THE TOPIC OF BUCKY'S.

THAT IS IT OUR INTENT TO NOT BE ADVERSARIAL, BUT TO BE PRODUCTIVE AND TO NOT BE COMBATIVE, BUT TO BE COLLABORATIVE AS THE WHOLE COMMUNITY WORKS TOWARDS, UM, THE MOST SIGNIFICANT, UH, BUSINESS TRANSACTION THAT'S PROBABLY OCCURRED IN OUR, OUR LITTLE TOWN.

UM, I'M SUBMITTED TO TODAY, TONIGHT FOR DISTRIBUTION TO YOU A PAGE FROM THE ECONOMIC DEVELOPMENT AGREEMENT, UH, DATED AUGUST, 2016 BETWEEN THE CITY AND BUCKY'S.

AND THAT IS PAGE EIGHT.

UM, HAS THAT BEEN DISTRIBUTED? THANK YOU.

UM, WHILE THIS IS BEING DISTRIBUTED, BUCKY'S IS CLEARLY A HIGHLY SUCCESSFUL MEGA GAS STATION IN TRAVEL CENTER WHO HAS IT STOPPED AT BUCKY'S FOR A REFRESHMENT OR A REALLY CLEAN BATHROOM, LIKE MANY HERE I AM NOT AGAINST BUCKY'S.

UM, I DO, HOWEVER, JOIN MANY BERNIE CITIZENS QUESTIONING THE SPECIFIC LOCATION FOR BUCKY'S IN OUR CITY, CONCERNED ABOUT THE IMPACT OF BUCKY'S ON OUR DARK SKIES, OUR CLEAN AIR, OUR EFFICIENT TRAFFIC FLOWS, AND OUR PUBLIC SAFETY.

NINE YEARS AGO, CITY OFFICIALS ENTERED INTO THE AGREEMENT WITH BUCKY'S, AND I ENCOURAGE EVERY OFFICIAL CITY OFFICIAL AND EVERY CITIZEN TO READ THE ECONOMIC DEVELOPMENT AGREEMENT.

TONIGHT, I ASK YOU TO TURN YOUR ATTENTION TO THE LAST PARAGRAPH ON PAGE EIGHT, WHICH IS LABELED ITEM FOUR.

THIS LANGUAGE FROM THE BUCKY'S CONTRACT IS CALLED APPLICA APPLICABILITY OF ORDINANCES.

IN OTHER WORDS, WHAT ORDINANCES OR APPLICABLE TO THIS DEAL? SO I HIGHLIGHT THIS SECTION TO POSE THE QUESTION, WHICH ORDINANCES ARE APPLICABLE TO THE BUCKY'S TRANSACTION? THAT IS THE CENTRAL CONCERN FOR BERNIE RESIDENTS.

WHICH CITY ORDINANCE IS BUCKY'S BEING REQUIRED TO FOLLOW, AND WHERE IS THE CITY GRANTING EXCEPTIONS? IS IT PRECISE? IT IS PRECISELY THESE SPECIAL RIGHTS AND ORDINANCE WAIVERS THAT RAISE THE MOST CONCERN AS THEY ARE LIKELY THE GREAT TO HAVE THE GREATEST NEGATIVE IMPACT ON OUR COMMUNITY.

FOR THOSE IN THE AUDIENCE WHO DO NOT HAVE THE AGREEMENT, I WILL READ.

ITEM FOUR, APPLICABILITY OF ORDINANCES.

DEVELOPER ACKNOWLEDGES AND AGREES, AND THAT DEVELOPER IS BUCKY'S ACKNOWLEDGES AND AGREES THAT THIS AGREEMENT DOES NOT ALTER THE APPLICABILITY OF THE ORDINANCES OF C.

FURTHER, THIS AGREEMENT

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ONE IS NOT IN ANY MANNER TO BE CONSIDERED A WAIVER BY THE PARTIES OF ANY REQUIREMENT CONTAINED IN THE CITY'S ORDINANCES AND OR DEVELOPMENT REQUIREMENTS.

TWO WILL NOT AND DOES NOT CONFLICT WITH THE CITY'S ORDINANCES OR DEVELOPMENT REQUIREMENTS.

AND IN THE EVENT OF SUCH CONFLICT, THE TERMS OF THE CITY'S ORDINANCES AND OR DEVELOPMENT REQUIREMENTS CONTROL AND THREE DOES NOT MODIFY ANY OF THE CITY'S ORDINANCES AND OR DEVELOPMENT REQUIREMENTS.

IT FURTHER SAYS, WE'RE SILENT IN THIS AGREEMENT.

THE TERMS OF CITY ORDINANCES AND OR DEVELOPMENT REQUIREMENTS SHALL CONTROL IN CONTRACTS WORDS MATTER.

THE LANGUAGE IN THE BUCKY'S CONTRACT IS CLEAR.

THERE ARE NO STATED EXCEPTIONS FOR EXTRA TALL SIGNS.

THERE'S NO EXCEPTION FOR NON-COMPLIANCE WITH THE DARK SKY INITIATIVES.

FURTHERMORE, SKILLED ATTORNEYS WILL TELL YOU THAT THE CLAUSE CONFIRMS THAT THE CITY ORDINANCES PAST AND FUTURE PREVAIL.

IF THIS AGREEMENT DOESN'T MENTION A PARTICULAR REQUIREMENT, THE DEVELOPER IS NOT EXEMPT.

THE CITY'S ORDINANCE WILL GOVERN.

THE CITY OF BERNIE HAS A CHOICE ON WHETHER TO STAND ON THE CONTRACT TERMS OR APPROVE SPECIAL RIGHTS FOR BUCKY'S.

AND THE CITIZENS OF BERNIE SPEAKING TONIGHT ASK YOU TO STAND FIRM ON THE CONTRACT TERMS. THANK YOU.

THANK YOU, PAULA.

ALRIGHT, NEXT SPEAKER WILL BE KELLY COLE.

GOOD EVENING.

I'M KELLY KOOL AND I GAVE MY ADDRESS TO THE SECRETARY.

OKAY.

ACCORDING TO, AND SHE NEED TO GIVE YOUR ADDRESS WHEN YOU COME TO PODIUM.

OKAY.

IT'S 6 35 MIN SPRINGS.

THANK YOU.

MM-HMM .

I COME TO YOU TONIGHT WITH CONCERNS REGARDING THE SIGN VARIANCE FOR THE BERNIE BUCKY'S.

FIRST, I WOULD LIKE TO QUESTION THE LEGITIMACY OF THE PROCESS BY WHICH THE VARIANCE WAS GIVEN TO BUCKY'S FOR A 75 FOOT POLE SIGN.

THE CITY SIGN ORDINANCE IN 2017 LIMITED SIGNS TO 40 FEET TALL AND 100 SQUARE FEET IN SIZE.

ON OCTOBER 24TH, 2017, OUR ELECTED OFFICIALS ON THE CITY COUNCIL LISTENED TO NUMEROUS OBJECTIONS FOR ASSIGNED VARIANCE AND VOTED TO DENY A VARIANCE TO BUCKY'S FOR A TALLER AND LARGER SIGN.

THE MINUTES FROM THAT MEETING SPECIFICALLY STATE THAT THERE WERE TWO VOTES REGARDING THE VARIANCE AND THEY WERE BOTH DENIED.

HOWEVER, A SUMMARY OF THAT MEETING WAS LATER IN APRIL OF 2018, ATTACHED TO THE MINUTES SAYING THAT AN APPROVAL WAS RECOMMENDED FOR THE VARIANCE.

APPARENTLY THERE WAS AN UNDOCUMENTED UNRECORDED MEETING THAT OCCURRED INTERNALLY BY AN APPOINTED UNELECTED SIGN REVIEW COMMITTEE, WHICH IGNORED THE VOTE OF ALL OF OUR ELECTED OFFICIALS AND STATED THAT THEY WERE QUOTE, IN FAVOR OF ALLOWING THE VARIANCE FOR A 75 FOOT SIGN.

THEY DID NOT HAVE THE AUTHORITY TO OFFICIALLY APPROVE, AND THERE'S NO DOCUMENTATION IN PUBLIC RECORDS OF A SUBSEQUENT VOTE FOR APPROVAL FOR THAT VARIANCE.

I SUGGEST TO YOU THAT THIS VARIANCE WAS NEVER OFFICIALLY APPROVED AND WAS NOT GRANTED FOLLOWING PROPER PROTOCOL AND DUE PROCESS AND SHOULD BE SEEN AS INVALID AND INEFFECTUAL AND THEREFORE NOT PROTECTED UNDER VESTED RIGHTS.

SECONDLY, I'M SURE THAT YOU ARE ALL AWARE THAT ONE CRITERIA FOR OBTAINING A VARIANCE TO SIGN ORDINANCES IS PROVING A HARDSHIP.

THE HARDSHIP THAT BUCKY'S REFERRED TO WAS VISIBILITY HARDSHIP BECAUSE THERE WAS LITTLE TIME TO MAKE THE DECISION TO SAFELY EXIT.

WHEN YOU SEE THE SIGN, I SUBMIT TO YOU TODAY THAT ANYONE WHO KNOWS BUCKY'S MARKETING STRATEGY OR HAS SIMPLY DRIVEN ANYWHERE CLOSE OR FAR FROM A BUCKY'S, KNOWS THAT BUCKY'S DOES NOT RELY SOLELY ON THE VISIBILITY OF THE POLE SIGN ON THE PREMISES IN ORDER TO GET PATRONS.

BUCKY'S EMPLOYS THE USE OF BRAND POSITIONING, WHICH STARTS HUNDREDS OF MILES BEFORE THE STORE LOCATION.

THEIR BILLBOARDS ARE LARGE, CREATIVE, UNFORGETTABLE, AND NUMEROUS, AND THE CLAIM THAT BUCKY'S WOULD NEED A HARDSHIP VARIANCE FOR VISIBILITY IS UNSUBSTANTIATED.

I WILL CLOSE BY ADDING THAT AFTER REVIEWING TEXAS LOCAL GOVERNMENT CODE CHAPTER 2 45 BUCKY'S IS NOT PROTECTED UNDER VESTED RIGHTS FOR THEIR SIGN BECAUSE THE VARIANCE WAS NOT GRANTED FOLLOWING LEGITIMATE PROCESSES AND NEVER RECEIVED A VOTE OF APPROVAL FROM THE CITY COUNCIL.

THEREFORE, THE RIGHT WAS NEVER GRANTED AND THUS IS NOT PROTECTED.

THANK YOU FOR YOUR TIME.

THANK YOU KELLY.

OUR NEXT SPEAKER WILL BE JESSICA MOBLEY.

ALRIGHT,

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MY NAME IS JESSICA MOBLEY AND I LIVE AT, UH, 3 4 9 MANGER SPRINGS.

AND, UM, I'VE BEEN A RESIDENT OF BERNIE FOR EIGHT YEARS AND MY PROPERTY IS LOCATED ABOUT A MILE FROM THE PROS, UH, BUCKY SITE.

AND WHILE I UNDERSTAND THE POTENTIAL FOR ECONOMIC GROWTH, I'M JUST DEEPLY CONCERNED ABOUT THE NEGATIVE IMPACT ON PROPERTY VALUES WITH THE LOCATION OF BUCKY SO CLOSE TO A RESIDENTIAL AREA.

UH, STUDIES OF SIMILAR DEVELOPMENTS IN TEXAS AND ACROSS THE COUNTRY SHOW THAT LARGE CONVENIENCE AND FUEL CENTERS CAN HAVE A NEGATIVE IMPACT ON NEARBY RESIDENTIAL PROPERTY VALUES.

IN MANY CASES, THE NEGATIVE EFFECTS SUCH AS INCREASED TRAFFIC CONGESTION AROUND THE CLOCK LIGHTING, ELEVATED NOISE LEVELS AND THE PERCEPTION OF A HIGHER CRIME RISK ARE CONCENTRATED WITHIN THE FEW MILES OF THE SITE AND CAN OUTWEIGH ANY OF THE BENEFITS OF THIS ADDED CONVENIENCE FOR PROPERTIES IN THIS RANGE.

SALES PRICES HAVE BEEN DOCUMENTED TO STAGNATE OR DECLINE FIVE TO 10% RELATIVE TO COMPARABLE HOMES THAT ARE FURTHER AWAY.

INCREASED TRAFFIC FROM A FACILITY OF THIS SCALE, PARTICULARLY WITH THE VOLUME THAT BUCKY'S IS KNOWN FOR, CAN CAUSE ALSO CHANGE IN THE CHARACTER OF NEARBY NEIGHBORHOODS.

THE TRAFFIC ISN'T JUST IT, IT'S NOT JUST THE CREATION OF CONGESTION.

IT ALSO BRINGS NOISE, SAFETY CONCERNS TO STREETS THAT WERE NOT DESIGNED FOR HEAVY COMMERCIAL USE.

YOU'VE GOT ENGINES, RUNNING TRUCKS UNLOADING CUSTOMERS THAT ARE COMING IN LATE AT NIGHT ADD THAT TO THE BRIGHT CANOPY OF LIGHTS AND THE SIGNAGE THAT OPERATES AT ALL HOURS.

AND NEARBY HOMES LOSE MUCH OF THE PEACE AND QUIET THE BUYERS EXPECT IN A RESIDENTIAL AREA.

THEN THERE ARE ENVIRONMENTAL AND HEALTH CONCERNS FROM STORAGE, FROM LARGE STORAGE OF GASOLINE UNDERGROUND, WHICH CARRIES THE RISK OF LEAKS AND CONTAMINATION SUCH AS FUEL RUNOFF AND AQUIFER CONTAMINATION RISKS.

EVEN IF NO INCIDENTS OCCURS, THE MERE PERCEPTION OF AN ENVIRONMENTAL RISK CAN REDUCE THE BUYER CONFIDENCE AND MARKET VALUE.

FINALLY, THERE'S A SAFETY PERCEPTION.

HIGH TRAFFIC CONVENIENCE STORES ATTRACT LOITERING, THEFT AND OTHER PETTY CRIME.

AND EVEN IF THE ACTUAL CRIME NUMBERS ARE MODEST, THE PERCEPTION OF REDUCED SAFETY IS ONE OF THE FASTEST WAYS TO DRIVE DOWN DEMA DEMAND OF NEARBY HOUSING.

SO WHILE FUEL CENTERS DO SERVE A PURPOSE, THE NEGATIVE EXTERNALITIES OF TRAFFIC, NOISE, LIGHTING, ENVIRONMENTAL CONCERNS AND SAFETY PERCEPTION, JUST CREATE A DRAG ON HOME VALUES, ESPECIALLY FOR THOSE RESIDENTIAL AREAS.

IN SUCH CLOSE PROXIMITY TO BUCKY'S, I URGE CITY COUNCIL TO CONSIDER REQUIRING STRONG MITIGATION MEASURES SUCH AS HA ENHANCED TRAFFIC CONTROLS, SIGNIFICANT VEGETATIVE BORDERS AND WALLS, LIMITS ON NIGHTTIME LIGHTING AND TRANSPARENT ENVIRONMENTAL SAFEGUARDS, AND TO INCLUDE THE RESIDENTS AND THE HOAS IN THOSE RESIDENTIAL COMMUNITIES IN THE CONVERSATION.

THESE MEASURES COULD HELP PROTECT THE VALUE OF NO OF NEARBY HOMES AND PRESERVE THE QUALITY OF LIFE THAT MAKES BERNIE A DESIRABLE PLACE TO LIVE.

WITH THAT I'D LIKE TO HAND OUT SOME RESEARCH AND FEDERAL STUDIES ON THE EFFECTS OF LARGE CONVENIENCE AND FUEL CENTERS IMPACTED THAT IMPACT THE VALUES ON FUTURE HOME VALUES.

SO I'M JUST GONNA HAND THIS TO THE CITY AND HOPEFULLY SHE CAN HAND THOSE AROUND.

ALRIGHT, I JUST WANNA THANK YOU FOR YOUR TIME AND YOUR CONSIDERATION.

SURE.

THANK YOU JESSICA.

OUR NEXT SPEAKER WILL BE LYDIA ACKERMAN.

I WOULD JUST LIKE TO GIVE MY TIME TO THE NEXT PERSON.

OKAY.

HELLO, UH, MY NAME IS TREY ACKERMAN.

I LIVE AT 1 0 9 ABERDEEN BURN, TEXAS.

UH, SO I COME BEFORE YOU GUYS TODAY NOT IN OPPOSITION TO GROWTH, UH, BUT IN SUPPORT OF THE FAIRNESS, ACCOUNTABILITY, AND CONSISTENCY.

UH, OUR CITY HAS CLEAR ORDINANCES AND PROCESSES THAT EVERY LOCAL BUSINESS AND CHURCH IS EXPECTED TO FOLLOW, AND WE CAN'T SET ASIDE THOSE EXPECTATIONS SIMPLY BECAUSE A LARGE CORPORATION COMES INTO TOWN.

UH, FIRST THE TRAFFIC STUDY THAT WE'VE, I'VE HEARD ABOUT, UH, DEVELOPMENT SHOULD BE APPROVED IN BURN, UH, SHOULD NOT BE APPROVED IN BERNIE WITHOUT A COMPLETED AND REVIEWED TRAFFIC STUDY.

AND TO DATE, BUCKY'S HAS NOT FULFILLED THIS REQUIREMENT, AND UNTIL THEY DO, NO PERMIT SHOULD BE ISSUED.

UH, IT'S THAT SIMPLE.

UH, RULES ARE IN PLACE FOR A REASON TO PROTECT OUR CITIZENS, OUR INFRASTRUCTURE, AND OUR SAFETY.

UH, THE SECOND THING IS, UH, IT'S A MATTER OF THE SIGNAGE.

RECENTLY, BERNIE BAPTIST CHURCH ERECTED

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AFTER JUST TWO CITIZEN COMPLAINTS, THE CHURCH WAS FORCED TO REMOVE BOTH SIGNS.

MEANWHILE, BUCKY'S HAS BEEN APPROVED FOR A 75 FOOT SIGN, NEARLY DOUBLE THE 40 FOOT LIMIT DURING A CLOSED DOOR MEETING AFTER CLAIMING HARDSHIP.

AND LET'S BE CLEAR, BUCKY'S DOES NOT TRULY EXPERIENCE HARDSHIP HERE.

BUCKY'S IS A DESTINATION BUSINESS.

PEOPLE KNOW WHERE IT IS.

THEY COME FROM ACROSS TEXAS AND EVEN FROM OUTTA STATE.

THEY DO NOT NEED A 75 FOOT SIGN TO BE FOUND.

AND YET THE RECORD IS A CLOSED DOOR MEETING THAT HAS STILL NOT BEEN LOCATED OR PRODUCED.

IF OUR CHURCHES AND SMALL BUSINESSES ARE REQUIRED TO CORRECT OR REMOVE SIGNS THAT WERE ALREADY APPROVED, THEN THE SAME STANDARD SHOULD APPLY TO BUCKY'S.

IF THE LOCATION THAT THEY CHOSE REQUIRES EXCEPTIONS, THEN PERHAPS THEY SHOULD CONSIDER A DIFFERENT SITE THAT ACTUALLY COMPLIES WITH THE ORDINANCE OF THE CITY.

THIRD, THE DARK SKIES ORDINANCE.

UH, THIS ORDINANCE IS ONE OF THE DEFINING CHARACTERISTICS OF OUR COMMUNITY.

IT PROTECTS THE BEAUTY AND UNIQUENESS OF BURN AND BUCKY'S CLAIMS THEY WILL DO THEIR BEST, BUT DOING ONE'S BEST IS NOT AS THE SAME AS COMPLIANCE.

IF I SAY I WILL DO MY BEST TO FOLLOW THE CITY'S WATER RESTRICTIONS, BUT I OVER WATER MY LAWN EVEN A LITTLE, I GET FINED AND THERE'S NO EXCEPTION.

I CAN'T TELL THE CITY, WELL, I TRIED, UH, BUT MY GRASS WOULDN'T STAY GREEN IF I ABIDED.

SO WHY DOES BUCKY'S BEING ALLOWED TO SAY THE SAME THING ABOUT DARK SKIES ORDINANCE WITHOUT CONSEQUENCE? IF THEY CANNOT MEET THE STANDARDS SET BY THE CITY, THEN THEIR OPERATION SHOULD BE LIMITED IN THE SAME WAY TO ABIDE AND FOLLOW THESE LIMITS.

UH, THEIR CONTRACTUAL OBLIGATION.

SO THIS ISN'T JUST MY OPINION, IT'S IN THEIR OWN CONTRACT THAT THEY SIGNED WITH THE CITY.

THEIR AGREEMENT CLEARLY STATES, UH, THAT THE DEVELOPER ACKNOWLEDGES THAT NOTHING IN THE CONTRACT CHANGES OR WAIVES THE APPLICABILITY OF CITY ORDINANCES.

I IT GOES FURTHER SAYING THAT IF THERE IS ANY CONFLICT, THE ORDINANCES CONTROL IT.

UH, IN OTHER WORDS, BUCKY'S AGREED IN WRITING THAT CITY ORDINANCES WOULD GOVERN THEIR DEVELOPMENT.

THEY CANNOT NOW TURN AROUND AND CLAIM EXCEPTIONS.

AND THEN LASTLY, THE ECONOMIC INCENTIVES.

UH, THE ECONOMIC INCENTIVES THAT BUCKY'S GET IS, SO BUCKY'S IS A PRIVATELY HELD COMPANY, UH, GENERATING BETWEEN TWO AND A HALF TO $5 BILLION ANNUALLY AS A WHOLE.

UH, WITH ROUGHLY 50 STORES, THE AVERAGE LOCATION PRODUCES BETWEEN 50 AND A HUNDRED MILLION DOLLARS A YEAR.

AND EVEN IF BERNIE'S BUCKY'S GENERATES ON THE HIGHER END, THE CITY WOULD ONLY RECEIVE $750,000 TO 1.5 MILLION IN SALES TAX REVENUE WITH THE PROPOSED 50% REBATE THAT'S BEEN OFFERED AND AGREED UPON, THE CITY'S ACTUAL REVENUE DROPS TO 375 TO $750,000.

AND THIS LOCATION IS LIKELY TO GENERATE LESS REVENUE GIVEN ITS POSITION OUTSIDE OF HIGH TRAFFIC CORRIDORS LIKE AUSTIN TO DALLAS OR SAN ANTONIO TO HOUSTON.

SO I ASK YOU GUYS, IS IT WORTH REWRITING OUR ORDINANCES, IGNORING THE TRANSPARENCY AND GRANTING SPECIAL TREATMENT FOR REVENUE THAT IS NEITHER TRANSFORMATIVE NOR EVEN GUARANTEED? HOW DO YOU EXPECT LOCAL FAMILY OWNED BUSINESSES TO REACT WHEN THEY SEE A CORPORATION RECEIVING THE EXCEPTIONS AND FINAL FINANCIAL INCENTIVES DENIED TO THEM? AND SO ALL I ASK IS THAT BUCKY'S BE HELD TO THE SAME STANDARDS THAT EVERYONE ELSE IS.

IF A CHURCH HAS TO TAKE DOWN AN APPROVED SIGN, IF A RESIDENCE HAS TO PAY A FINE FOR WATERING TOO MUCH, IF A LOCAL BUSINESS HAS TO REDESIGN THEIR LIGHTING, THEN BUCKY'S MUST TO, IT'S WHAT THEIR CONTRACT REQUIRES.

UH, AND FAIRNESS DEMANDS IT.

THANK YOU GUYS FOR HEARING ME OUT.

THANK YOU SHAY.

OUR NEXT SPEAKER WILL BE ALEX RUDD.

THANK YOU.

ALEX RUDD, 60 AT LA CONONE DRIVE.

I DID NOT PLAN TO ATTEND TONIGHT.

UM, I'M HERE QUICKLY.

THIS IS OFF THE CUFF, BUT I'M GONNA DO MY BEST.

FIRST OF ALL, I'M NOT AN ATTORNEY, BUT BASED ON WHAT I'VE SEEN OVER THE MONTHS BACK WHEN I LOOKED CLOSELY AT THIS PROJECT, IT LOOKS LIKE THERE WAS MINIMAL TO NO INVITATION TO THE PUBLIC.

THIS HAS BEEN VERY TROUBLING TO ME FOR QUITE A LONG TIME.

A PROJECT OF THIS MAGNITUDE, THIS MAGNITUDE, HUNDREDS OF GAS PUMPS OR A HUNDRED, A HUGE 24 7 365 FACILITY, VERY NOISY, LOTS OF BUSINESS USING ENORMOUS AMOUNTS OF WATER.

IN MY OPINION, THE RESIDENT WELFARE TAKES PRIORITY OVER ANY PERSONAL ECONOMIC FINANCIAL INTEREST ACROSS THE US.

WHENEVER THESE FACILITIES ARE PROPOSED, THE PUBLIC OUTPUT IS ENORMOUS AND STRONG.

NOT HERE IN BERNIE.

IN MY OPINION, AND THIS IS MY OPINION, I THINK THIS WAS INTENTIONAL SO THAT BERNIE OP RESIDENTS WOULD NOT HAVE AN OPPORTUNITY TO PUSH BACK.

I KNOW THAT THERE'S AN OPEN MEETINGS, ZACH, AND IT DOES ALLOW FOR SENSITIVE ISSUES, ECONOMIC ISSUES TO BE DISCUSSED DURING EXECUTIVE SESSION.

HOWEVER, AND AGAIN, I'M NOT AN ATTORNEY, IT LOOKS LIKE THERE'S A REQUIREMENT FOR ANY FINAL ACTION DECISION THAT MUST TAKE PLACE DURING AN OPEN SESSION.

DID THIS HAPPEN? IF IT DID, I DIDN'T FIND ANY EVIDENCE OF IT.

AS FAR AS I'M CONCERNED, THE PUBLIC NEVER HAD A VOICE.

I'M GONNA REFERENCE TWO MY SAN ANTONIO ARTICLES AUGUST 10TH, IT MAKES REFERENCE TO A CODE NAME PROJECT

[00:20:01]

THERE WAS REFERENCE TO A COUNCIL AGENDA.

THE ARTICLE STATES THAT IT DID NOT MENTION THE CHAIN BY NAME IN ISSUES THAT NEEDED TO BE APPROVED BY THE CITY MANAGER.

THIS IS A PRIVATE EXAMPLE OF A CRITICAL IMPACT ON A COMMUNITY IN A SENSITIVE WATERSHED.

IT'S GONNA USE A LOT OF WATER, IT'S GONNA HAVE MASSIVE IMPACTS ON THE NEIGHBORHOOD AND ON THE BUSINESS COMMUNITY.

WE WERE TOLD THAT I HEARD THAT, UH, BUCKY'S BRAGGED ABOUT A CLEAN ENVIRONMENTAL RECORD, NOT ACCORDING TO WHAT I FOUND.

I SPENT TIME, I CONTACTED TCEQ, I DUG IN, I DUG IN DEEP, I FINALLY GOT SOME FEEDBACK.

I TRIED TO DOWNLOAD THE BUCKY'S VIOLATION STATEWIDE.

THE FILE WAS SO MASSIVE IT COULD NOT BE SENT.

I TRIED REPEATEDLY TO GET THESE VIOLATIONS SENT.

I DON'T HAVE THE EXACT NATURE.

FINALLY, THAT REPRESENTATIVE FROM TCEQ QUIT RESPONDING TO MY EMAILS.

THERE ARE NUMEROUS CONCERNS ABOUT WATER QUALITY.

QUICK REMINDER, THE EDWARDS AQUIFER AUTHORITY BANNED NEW GAS STATIONS OVER THEIR RECHARGE ZONE, YET WE GET THIS 500,000 GALLONS A MONTH OF WATER USE.

AGAIN, THE PUBLIC WAS NOT INVITED.

WE NEVER HAD A CHANCE TO VOICE OUR CONCERNS.

WE HAVE ADDITIONAL, UH, ISSUES OF SAFETY, TRAFFIC, THE LIGHTING, DARK SKIES, ENVIRONMENTAL PROTECTION, WATER USE.

ARE THEY GONNA BE ABLE TO RECAPTURE WATER, USE PURPLE PIPES? THE PUBLIC'S BEEN LOCKED UP.

IF THIS BUSINESS WANTS TO MAINTAIN OUR RESPECT, I KNOW YOU'RE NOT RESPONSIBLE FOR THE PROJECT.

WE DESERVE A PUBLIC FORUM.

A A CHANCE AFTER 10 YEARS, COME BACK TO THE TABLE AND GET THIS PROJECT DONE RIGHT, AT LEAST TO THE BEST OF YOUR ABILITY.

THANK YOU.

THANK YOU, ALEX.

OUR NEXT SPEAKER WILL BE CHRISTY ACKERMAN.

MY NAME IS CHRISTY ACKERMAN.

I'M AT 6 23 MANGER SPRINGS.

I'M HERE TODAY TO VOICE MY CONCERNS ABOUT PUBLIC SAFETY.

AGAIN, AS I'VE INQUIRED ABOUT THE BUCKYS PROJECT, THERE'S A CONSISTENT RHETORIC OF STATE LAW ORDINANCE, DATES, CONTRACT OBLIGATIONS, AND PROPERTY RIGHTS.

IT FEELS LIKE THE CITY OFFICIALS PUT A PERIOD AT THE END OF EACH SENTENCE AND IT ENDS THERE.

I'VE BEEN TOLD FROM CITY OFFICIALS THAT ONCE A BUSINESS COMPLIES WITH ALL LAWS AND ORDINANCES, THAT THEY HAVE FREEDOM TO DO WHATEVER THEY WANT ON THEIR PROPERTY.

THE BEST WESTERN BERNIE INN AND SUITES COMPLIED WITH STATE LAW AND BERNIE ORDINANCES, BUT THEY CHOSE TO PUT THEIR THREE STORY HOTEL ON THE SIDE OF THE LOT THAT LITERALLY LOOKS DOWN INTO THE BACKYARDS AND WINDOWS OF THE HOMES IN THE VILLAS AT HAMPTON PLACE.

IT WAS THEIR RIGHT TO PUT IT THERE, BUT IT DOESN'T MAKE IT RIGHT.

THE CITY HAS SAID THAT THEY CAN'T LEGALLY REGULATE BUSINESSES CONCERNING THEIR PROPERTY, BUT FOR THE SAFETY OF THE NEIGHBORS, IT WOULD'VE BEEN RIGHT FOR THE CITY TO AT LEAST ASK THEM TO FLIP THE PLANS.

THIS IS UP TO THE THEN, IF IT'S UP TO THE BUSINESS TO PARTNER WITH THE COMMUNITY AND ACTUALLY DO WHAT'S RIGHT FOR OUR SAFETY.

THERE'S NO WAY PARENTS OR GRANDPARENTS LET THEIR KIDS PLAY FREE IN THE BACK OR FRONT YARD WITHOUT BEING A HUNDRED PERCENT SUPERVISED BECAUSE TRANSIENTS AND VAGRANTS COME ALONG WITH HOTELS.

IF BUCKY'S WOULD'VE PURCHASED LAND OUTSIDE OF THE CITY, I WOULDN'T EVEN BE HERE TALKING TO YOU GUYS.

BUT THE BUT BUCKY'S IS PLACED BETWEEN TWO NEIGHBORHOODS, NOT TOO FAR FROM TWO ELEMENTARY SCHOOLS AND TWO MIDDLE SCHOOLS RIGHT OFF OF I 10.

IF YOU LOOK ALONG, I 10 BUCKY'S IS BETWEEN THE TWO MAIN ENTRANCES TO OUR CITY, BETWEEN MAIN STREET AND BLANCO ROAD.

IT'S NOT EVEN BUCKY'S MO TO BE IN THE MIDDLE OF TOWN, AND I CAN'T UNDERSTAND WHY THIS HAPPENED.

WE ALL KNOW THAT BUCKY'S IS A SPOT WHERE TRANSIENTS AND VAGRANTS WILL PULL OFF OF THE HIGHWAY AND INSTEAD OF BEING ON THE OUTSKIRTS OF TOWN, THEY WILL NOW BE IN THE MIDDLE OF THESE TWO NEIGHBORHOODS AND NEARBY SCHOOLS.

SCHOOLS NOT TOO FAR IN THE FUTURE.

THE MAIN THOROUGH FAIR WITH FOUR LANES WILL RUN FROM BUCKY'S THROUGH THE NEARBY REGENT PARK NEIGHBORHOOD.

WHAT PARENT IS GONNA LET THEIR KID PLAY FREE? AND IF THEY DO, THE KIDS WILL BE VULNERABLE TO TRANSIENT PEDOPHILES, OF WHICH AT THE LAST CITY COUNCIL MEETING I SHARED THAT I HAVE PERSONAL EXPERIENCE WITH.

THERE ARE A NUMBER OF THINGS THAT RESIDENTS OF BERNIE ARE ASKING THE CITY OF BERNIE AND BUCKYS TO WORK OUT FOR THE SAFETY, BETTERMENT AND FAIRNESS OF THIS CITIZENS.

AND THE ANSWER I GET SO FAR ARE THERE'S A CONTRACT SINCE 2 20 16 PERIOD.

THERE WAS A CLOSED DOOR SIGNAGE COMMITTEE MEETING THAT STANDS.

THERE WAS A TRAFFIC SURVEY THAT WAS DONE IN 2016 PERIOD.

EVEN THOUGH THAT SURVEY HASN'T BEEN PRODUCED AND HASN'T BEEN APPROVED, I'M SO READY FOR THE CITY OF BERNIE AND BUCKY'S TO START SAYING, LET ME SEE ABOUT THAT.

OR WE'RE TALKING TO BUCKY'S

[00:25:01]

TAKING INTO MIND THAT BERNIE METHODIST, UH, TAKING INTO MIND THE BERNIE METHODIST, YOU CAN, OR YOU CAN BE SURE THAT BUCKY'S WILL BE HELD TO THE SAME STANDARD AS OTHER BUSINESSES IN BERNIE.

BUCKY'S HAS RIGHTS, BUT IT DOESN'T MAKE EVERYTHING THAT THEY DO, RIGHT? WE ARE LOOKING FOR A REAL PARTNERSHIP TO BE MADE BETWEEN BUCKY'S AND THE CITIZENS OF BERNIE, WHERE CONCERNS WILL BE ADDRESSED AND NEGOTIATED.

I'M STILL REQUESTING A WALL TO BE SEPARATE BUCKY'S FROM THE NEIGHBORHOODS REQUESTING SECURITY SIGNAGE TO BE PLACED EXCESSIVELY AROUND THE PROPERTY, EXTRA SECURITY CAMERAS OR, UH, TO MONITOR UNSAVORY INDIVIDUALS AND THE PRESENCE OF POLICE AND OR UNI UNIFORMED SECURE, UH, EXCUSE ME, UNIFORMED SECURITY TO BE ON THE BUCKY'S PREMISES.

THANK YOU FOR THIS OPPORTUNITY.

THANK YOU CHRISTIE.

ALRIGHT.

ALRIGHT.

THAT IS EVERYONE WHO HAS SIGNED UP TO SPEAK.

IF ANYONE HAS CAME IN LATE, WOULD LIKE TO COME FORWARD, PLEASE COME FORWARD NOW.

STATE YOUR NAME AND ADDRESS AND YOUR THREE REMAIN.

WE BEGIN.

MY NAME IS BRIAN RUSSELL, UH, 1 5 7 BITTER SPRINGS.

UH, THANK YOU FOR LETTING US DO THIS TONIGHT.

AND I, I DON'T KNOW WHAT I HAVE TO SAY BECAUSE THESE PEOPLE THAT SPOKE BEFORE ME WERE AWESOME.

THEY GOT THIS THING DOWN, THEY'VE DONE THEIR HOMEWORK, AND THEY REALLY KNOW HOW TERRIBLE THIS IS.

THIS SITUATION HAS SMELLED BAD FROM THE VERY BEGINNING.

MY WIFE AND I HAVE ONLY BEEN IN BERNIE FOR 13 YEARS, BUT, BUT IT HAS BECOME A REALLY BELOVED HOME FOR US.

WE'VE LIVED A LOT OF PLACES IN THE WORLD, AND THIS PLACE IS REALLY SPECIAL AND MAGICAL.

AND IT'S NOT BECAUSE IT'S SITTING ON THE EDGE OF THE OCEAN, WHATEVER.

IT'S THE AT ATMOSPHERICS THAT ARE HERE.

THIS TOWN IS SO KIND AND LOVING AND PEOPLE ARE FRIENDLY, AND WE DON'T WANNA LOSE THAT.

WE REALLY DON'T.

I HAVE NOTHING PARTICULARLY THAT I HATE ABOUT BUCKY'S.

UM, IT'S NOT A PLACE I WOULD FREQUENT.

IT'S NOT A PLACE I WOULD TAKE MY CHILDREN, BUT THE FACT THAT THEY PLANTED IT AS THE ENTRANCE, THE ENTRANCE TO BERNIE IS A BUCKY SIGN THAT IS HORRENDOUS.

I DON'T KNOW HOW THIS ALL GOT PAST US.

I DON'T KNOW WHY IT WAS ALL A SECRET IN THE FIRST PLACE.

THAT'S WHY IT SMELLS TO ME.

IT HAD A CODE NAME.

NOBODY WAS ALLOWED TO TALK ABOUT IT.

THEY THOUGHT THEY HAD US SHOVED ASIDE SO THEY COULD GET TOO FAR ALONG BEFORE WE HAD A CHANCE TO STOP IT.

WE WOULD'VE STOPPED IT EARLY.

MY WIFE AND I FOUGHT HARD, UH, ABOUT THE SIZE OF THE SIGN.

I MEAN, THAT SIGN WAS GONNA BE HORRENDOUS.

IT WAS GONNA BE AS BIG AS BERNIE FOR PETE'S SAKE.

AND WE THOUGHT WE HAD WON THAT ONE, AND APPARENTLY WE HAVEN'T.

THEY'RE PUTTING IT UP TO BE GIGANTIC.

AGAIN, I I, I DON'T HAVE A WHOLE LOT TO SAY, BUT I WANT TO BE STRONG AND WE FEEL REALLY BLESSED IN THIS TOWN.

LET'S NOT DESTROY BUCKY'S.

IF WE HAD TO HAVE A BUCKY'S, WHY COULDN'T IT BE OUT THE OTHER END OF TOWN WHERE ALL THE INDUSTRIAL STUFF IS, WHERE ALL THE METAL BUILDINGS ARE? PUT IT THERE.

IT'S STILL ON THE OUTSKIRTS OF GURNEY, BUT WHERE THEY'RE PUTTING IT IS THE INTRODUCTORY SIGN TO THIS MAGICAL, MAGICAL TOWN.

PLEASE, LET'S NOT HAVE THIS.

THANK YOU, BRIAN.

I'M MS. WIFE.

I SAY DITTO TO EVERYTHING WE SAID.

WE LOVE BERNIE.

WE FEEL SO PLEASE STATE YOUR NAME AND ADDRESS FOR RECOMMEND.

OH, CHERYL AD RUSSELL, WE LOVE THIS CITY, THIS LITTLE TOWN, THIS WARM, BEAUTIFUL, LOVELY, GREAT COMMUNITY.

I MEAN, GREAT COMMUNITY PEOPLE THAT CARE ABOUT PEOPLE.

WE DON'T WANT THAT TO CHANGE.

WE DON'T WANT BUCKY'S THERE BECAUSE WE KNOW IT WILL CHANGE OUR TOWN.

AS MY HUSBAND SAID, GO NORTH.

GO NORTH A LITTLE BIT.

PEOPLE WHO LOVE BUCKY'S ARE GONNA GO THERE AND THEY'RE GONNA TAKE THEIR KIDS AND THEY'RE GONNA DO WHAT THEY DO BECAUSE THEY LOVE BUCKY'S.

THAT'S OKAY WITH ME, BUT NOT IN THE MIDDLE OF WELCOMING PEOPLE INTO BURN CITY INTO OUR TOWN.

IT'S, IT'S SO IMPORTANT.

IT'S SO SPECIAL TO LIVE HERE.

WE HAVE GREAT PEOPLE HERE, GREAT KIDS, GREAT SCHOOLS, PEOPLE THAT REALLY CARE ABOUT BERNIE.

AND I'M ONE OF 'EM, AND I'M GONNA FIGHT FOR THIS FOR AS MUCH AS I CAN, BUT PLEASE DON'T PUT IT THERE.

PUT IT OUT NORTH.

I PEOPLE LOVE BUCKY'S.

I UNDERSTAND THEY THEY DO.

AND THAT'S GREAT.

I'M NOT AGAINST BUCKY'S.

I'M

[00:30:01]

THAT'S ALL.

THANK YOU.

THANK YOU CHERYL.

I WILL START TALKING HERE SINCE TAKING YOU A MINUTE.

UH, I'M BYRON ACKERMAN.

I LIVE AT 6 2 3, MAY SPRING.

AND I JUST WANNA SPEAK TO Y'ALL.

I KNOW YOU CAN'T SPEAK TO ME, YOU GUYS, I'VE SPENT MOST OF MY LIFE WITH A LOT OF YOU.

I'VE COACHED AGAINST YOU IN BASEBALL.

I'VE TAKEN MY CAR TO YOU TO GET IT FIXED.

YOU GUYS ENTERED THIS REALM BECAUSE YOU WANTED TO SERVE YOUR COMMUNITY.

AND SO WE PUT OUR TRUST IN YOU.

WE KNOW THAT THE INFORMATION HAS BEEN LAID OUT.

THERE'S BEEN SOME QUESTIONABLE THINGS DONE.

NONE OF YOU WERE A PART OF THOSE QUESTIONABLE THINGS.

ALL OF YOU ARE THE ONES WHO WE'RE TRUSTING TO TAKE CARE OF THINGS NOW.

AND THAT'S REALLY ALL WE'RE HERE TO DO.

WE KNOW THAT SOMETHING IS GOING TO HAPPEN, BUT WE'VE ALL HAD TO COMPLY.

WHETHER IT WAS BUILDING OUR OWN HOMES OR BUILDING OUR BUSINESSES, WE'VE HAD TO COMPLY.

WE'VE BEEN MADE TO COMPLY EVEN AFTER THE FACT, EVEN AFTER WE'VE BEEN GIVEN AN APPROVAL BY A CITY ORGANIZATION.

AND THEN THAT'S BEEN CHANGED AND WE'VE BORE THE BRUNT AND BORE THE RESPONSIBILITY TO MAKE THOSE CHANGES.

THEY'RE NO DIFFERENT THAN US.

YOU GUYS DO HAVE THE POWER AND WE'RE TRUSTING YOU GUYS TO FULFILL YOUR RESPONSIBILITY.

WE BELIEVE IN YOU.

WE THANK YOU.

THANK YOU, BARRY.

ALL RIGHT.

I BELIEVE THAT'S THE LAST SPEAKER.

WE WILL MOVE ON.

THANK YOU EVERYONE WHO'S WHO SPOKE THIS EVENING.

THANK YOU, COUNSEL.

[4. CONSENT AGENDA: All items listed below within the Consent Agenda are considered to be routine by the City Council and may be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item may be moved to the general order of business and considered in its normal sequence.]

COUNCIL MEMBERS, DO WE HAVE ANY QUESTIONS OR CONCERNS FOR CONSENT AND AD AGENDA, UH, CONSENT AGENDA ITEMS FOR A THROUGH FOUR D, NO QUESTIONS OR CONCERNS.

WE GET A MOTION FROM COUNCILMAN BUNKER.

I MOVE.

WE APPROVE THE CASS CONSENT AGENDA AS PRESENTED.

A SECOND FROM COUNCILMAN WILLISON.

PLEASE VOTE.

CONSENT AGENDA PASSES.

FIVE ZERO.

THANK YOU EVERYONE.

MOVING

[A. PRESENTATION, PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-10; AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BOERNE, TEXAS, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2025, AND ENDING SEPTEMBER 30, 2026, IN ACCORDANCE WITH CHAPTER 102, LOCAL GOVERNMENT CODE; AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF. (Ordinance adopting the budget)]

IT SAYS B ON MY SHEET THOUGH THOUGH.

FIVE A MY BAD.

CONSIDER THE MINUTES.

NO, GREAT.

I'M ON THE WRONG PAGE.

FIVE A, MY BAD.

SORRY SARAH, I WAS ON THE WRONG PAGE.

FIVE A 2025 DASH 3 8 0 PRESENTATION OF PUBLIC HEARINGS AND CONSIDER FIRST READ ORDINANCE NUMBER 2025 DASH ZERO IN ORDINANCE, ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BURN TEXAS FOR THE FISCAL YEAR, BEGINNING OCTOBER 1ST, 2025, AND ENDING SEPTEMBER 30TH, 2026.

IN ACCORDANCE WITH CHAPTER 1 0 2, LOCAL GOVERNMENT CODE AND APPROPRIATE READING VARIOUS FUNDS THAT AMOUNTS THEREOF.

SARAH, THANK YOU SIR.

UM, GOOD EVENING, MAYOR AND COUNCIL.

THIS EVENING IS THE FIRST STEP IN TWO OF ADOPTING OUR BUDGET, OUR TAX RATE, AND OUR CAPITAL IMPROVEMENT PROGRAM.

OF COURSE, WE START OUT WITH A STRATEGY MAP.

UM, THE WHOLE THING IS OUTLINED BECAUSE EVERYTHING THAT WE DO IN THE BUDGET TIES BACK TO THE STRATEGY MAP TO ENSURE THAT EVERY DOLLAR IN THE BUDGET TIES BACK TO OUR, UH, STRATEGIC PRIORITIES OF THE CITY.

HERE'S THE ROADMAP FOR TONIGHT.

WE'RE GONNA START OUT WITH A PRESENTATION THAT'LL COVER THE NEXT THREE AGENDA ITEMS. UM, AFTER THAT PRESENTATION, WE'LL MOVE INTO A PUBLIC HEARING ON THE BUDGET FOLLOWED BY THE READING OF THE BUDGET ORDINANCE.

THEN WE'LL HAVE A PUBLIC HEARING ON THE TAX RATE AND THE READING OF THE TAX RATE ORDINANCE, FOLLOWED BY THE CAPITAL IMPROVEMENT PLAN ORDINANCE.

FOR ANYBODY THAT'S WANTING TO LOOK MORE INTO OUR BUDGET AND DIVE DEEP INTO THE NUMBERS, THERE'S A LINK RIGHT ON THE CITY'S HOMEPAGE RIGHT AT THE TOP THAT'LL TAKE YOU DIRECTLY TO THE BUDGET, UM, DOCUMENT ITSELF.

AND THEN THERE'S ALSO A LINK TOWARDS THE BOTTOM OF THE PAGE THAT'LL TAKE YOU TO THE BUDGET PAGE THAT HAS A LINK TO ALL OF OUR WORKSHOPS, UM, AND ANY OF OUR MEETING NOTES AND PRESENTATIONS.

SO FIRST WE'LL START OUT WITH THAT PRESENTATION.

THIS IS OUR TAX RATE TIMELINE.

OUR BUDGET IS VERY DELIBERATE AND IT STARTS VERY EARLY, STARTING WITH A WORKSHOP AS EARLY AS JANUARY, FOLLOWED BY MANY MONTHS OF WORKSHOPS, PRIORITIZATION AND MEETING WITH STAFF.

WE FINALLY ROLL INTO THE AGENDA ITEMS THAT GO INTO THE BUDGET ADOPTION PROCESS.

AND SO HERE WE ARE TONIGHT, AUGUST 26TH, WHICH IS THE FIRST READING OF THE ORDINANCES FOR THE BUDGET, WILL, UM, CONCLUDE THE BUDGET ADOPTION AND TAX RATE PROCESS ON SEPTEMBER 9TH WITH THE SECOND READING OF THOSE ORDINANCES.

[00:35:04]

HIGH LEVEL, I WANTED TO START OFF AND TALK ABOUT JUST HIGH LEVEL NUMBERS.

THE TOTAL BUDGET IS $181 MILLION.

WE CHANGED THIS GRAPHIC A LITTLE BIT SO THAT IT WAS A LITTLE BIT EASIER TO UNDERSTAND HOW IT WAS BROKEN UP.

THERE'S THREE TYPES OF FUNDS.

THERE'S THE GENERAL FUNDS, THERE'S THE SPECIAL REVENUE FUNDS AND THE UTILITY FUNDS.

OF THE $181 MILLION BUDGET, 32% OR IN DOLLARS $57 MILLION IS CIP PROJECTS OR CONSTRUCTION ON CIP PROJECTS.

AND OF THAT AMOUNT, 39% IS BOND FUNDING.

SO, UH, BOND FUNDED PROJECTS.

SO THAT'S THE, THE MAIN PICTURE FOR THE BUDGET THIS YEAR IS IT'S HIGHLY INVESTED IN INFRASTRUCTURE AND THAT'S THE, THE KEY MOTIVATION OF THIS BUDGET.

THERE'S A LOT OF NUMBERS GOING ON IN THIS GRAPHIC, BUT IT CAN BE REALLY HELPFUL TO SHOW HOW OUR BUDGET IS BROKEN UP.

SO THERE ARE MANY FUNDS MAKING UP THE $181 MILLION BUDGET.

THERE'S 19 FUNDS, 12 OF WHICH ARE CONSIDERED GOVERNMENTAL.

SEVEN OF THEM ARE CONSIDERED UTILITIES, WHICH MEANS THAT THEY'RE NOT SUPPORTED BY PROPERTY TAXES, THEY'RE SUPPORTED BY USERS USER FEES FOR THOSE UTILITIES, THOSE TOP THREE FUNDS ARE WHAT WE CONSIDER GENERAL FUNDS ON THAT PRECEDING SLIDE, THE ROUGHLY $43 MILLION OF THE BUDGET.

THESE ARE THE, UM, THE FUNDS THAT ARE CHIEFLY SUPPORTED BY M AND O TAXES OR MAINTENANCE AND OPERATIONS TAXES, WHICH IS A COMPONENT OF YOUR PROPERTY TAXES.

YOU ALSO HAVE YOUR DEBT SERVICE FUND.

AND SO THAT'S THE OTHER SIDE OF THE PROPERTY TAXES, THAT'S YOUR INS OR YOUR DEBT SERVICE FUND.

THE PURPOSE OF THIS SLIDE IS TO BETTER SHOW THAT, UH, INCREASE IN OUR CIP RELATED COSTS.

SO WHEN YOU LOOK AT OUR BUDGET IN TOTAL, THESE, THESE STARRED FUNDS ARE THE ONES THAT YOU'RE PRIMARILY SEEING THE INCREASE IN FOR THE CONSTRUCTION, THE CAPITAL CONSTRUCTION, AS WELL AS SOME OF THESE.

FOR INSTANCE, THE CAPITAL RECOVERY FUND IS WHAT'S CALLED KIND OF A FUNDING FUND.

AND SO I'LL GO THROUGH THAT WITH YOU IN JUST A SECOND.

BUT THE CONSTRUCTION FUNDS IS WHERE YOU'RE GONNA SEE THE CONSTRUCTION DOLLARS AT PLAY FOR THE PROJECTS.

AND THEN THERE'S SOME OF THOSE FUNDS THAT HAVE TO TRANSFER MONEY INTO THOSE CONSTRUCTION FUNDS IN ORDER TO FUND THE PROJECTS.

THIS IS A NEW SLIDE.

THIS BREAKS UP THAT $43 MILLION INCREASE SO THAT YOU CAN SEE IT BY FUND.

AND I LEFT THOSE STARS ON THE FUNDS THAT WERE THE CAPITAL RELATED ONES SO THAT YOU CAN HONE IN.

WHEN I SAID THAT THE MAJORITY OF THE INCREASES FROM CAPITAL, YOU CAN SEE THAT THE MAJORITY OF THE INCREASES IN THOSE CAPITAL FUNDS.

SO WE DID HAVE A REALLY GOOD QUESTION.

UM, WHEN WE TALK ABOUT $40.3 MILLION OF THE $43 MILLION INCREASE BEING CIP RELATED, IF YOU LOOK AT THE CONSTRUCTION COST YEAR OVER YEAR, THAT WAS ONLY ABOUT $23 MILLION.

THE OTHER PORTION IS WHAT'S CALLED CIP RELATED.

AND SO I HAVE A SLIDE AFTER THIS THAT'LL GO OVER THIS.

SO IN ADDITION TO THE $40.3 MILLION RELATED TO THE CAPITAL INFRASTRUCTURE, WE HAD THE $1.2 MILLION OF SUPPLEMENTAL REQUESTS THAT WERE RANKED THAT, THAT WE TALKED THROUGH WITH COUNCIL, THAT PRIOR PRIORITIZATION, AND WE HAD ABOUT $1.5 MILLION OR 1.7% INCREASE IN OPERATIONAL.

SO THIS IS, THIS IS A NEW SLIDE AS WELL THAT I WANTED TO GO THROUGH, KIND OF HOW FUND ACCOUNTING WORKS AND HOW IT CAN LOOK A LITTLE DIFFERENT THAN YOU MAY BE EXPECTING IF YOU'RE MORE, UM, FAMILIAR WITH CORPORATE ACCOUNTING.

SO IN FUND ACCOUNTING, WHICH IS WHAT WE HAVE TO ABIDE BY FOR GOVERNMENTAL ACCOUNTING, IF YOU HAVE, FOR INSTANCE, IN OUR CASE, UM, $15 MILLION WORTH OF CAPITAL INFRASTRUCTURE IN THE WATER FUND.

SO THAT'S THE FUND THAT THE CONSTRUCTION IS ACTUALLY OCCURRING.

BUT YOU NEED TO FUND IT FROM IMPACT FEES, WHICH ARE HELD IN A SEPARATE OR FUNDING FUND.

YOU HAVE TO HAVE A TRANSFER, WHICH IS AN EXPENSE IN THE CAPITAL RECOVERY FUND IN ORDER TO TRANSFER THAT MONEY OVER TO THE WATER FUND AND USE IT FOR THE USE OF THAT CONSTRUCTION.

NOW, WHY THAT LOOKS FUNNY AS COMPARED TO CORPORATE ACCOUNTING IS IT ESSENTIALLY MAKES THE BUDGET LOOK DOUBLE WHEN YOU REALLY ONLY HAVE $15 MILLION WORTH OF IN INFRASTRUCTURE.

BUT WHEN WE ARE CASH FUNDING AS MUCH AS WE ARE OF THE INFRASTRUCTURE, WE HAVE A LOT OF THESE TRANSFERS GOING ON.

AND THAT'S, THAT'S WHY THERE'S THAT DIFFERENCE IN THE CAPITAL CONSTRUCTION INCREASE OF 23 VERSUS THE OVERALL CAPITAL RELATED OF 40.

UM, I JUST WANTED TO PAUSE HERE IN CASE THERE WERE ANY QUESTIONS ON THAT.

'CAUSE THAT'S A LITTLE BIT NEW INFORMATION THAN WHAT I'VE PROVIDED IN THE PAST.

QUESTIONS.

AND LOOK AT, THEY ALL LOOK AT ME.

[00:40:01]

IT DOES, IT DOES SEEM LIKE FUNNY ACCOUNTING.

I WILL ADMIT.

I IT IS FUNNY WHEN YOU FIRST TAKE IT ON , IS THIS STATE REGULATED? IS THIS A STATE REQUIREMENT? I MEAN, YES, THIS IS FUND, THIS IS FUND ACCOUNTING.

WHEN YOU HAVE SEPARATE FUNDS, THEY HAVE TO BE BALANCED WITHIN YOUR BUDGET.

SO YOUR CAPITAL RECOVERY FUND HAS TO BE BALANCED.

YOUR WATER FUND HAS TO BE BALANCED.

UM, IN CORPORATE ACCOUNTING, IN GAP, GAAP, YOU HAVE WHAT'S CALLED CONSOLIDATING ENTITIES AND THAT GETS RID OF ALL THIS TRANSFER STUFF.

YOU DON'T HAVE THAT IN FUND ACCOUNTING.

SO IT JUST, IT MAKES FOR NUMBERS THAT, THAT LOOK STRANGE.

BUT IT BRINGS UP REALLY GOOD QUESTIONS.

SO COMING FROM CORPORATE ACCOUNTING MYSELF, IT USUALLY DOES THROW PEOPLE FOR A LOOP THE FIRST TIME THEY TAKE IT ON.

THIS WAS VERY HELPFUL FOR ME 'CAUSE THAT DID HAVE SOME QUESTIONS LAST TIME.

'CAUSE IT DID LOOK DIFFERENT.

I THOUGHT THE MATH WAS OFF LAST TIME.

RIGHT.

UM, BUT THIS WAS VERY HELPFUL IN EXPLAINING THE TRANSACTION AND THE ACCOUNTING LAWS THAT YOU FOLLOW.

SO, OR RULES AND GUIDELINES.

SO THAT MAKES SENSE.

THANK YOU.

GOVERNMENT DOES HAVE DIFFERENT LAWS THAN, UM, CORPORATE.

WE WERE UNDER GASB INSTEAD OF GAP.

SO WE'RE ALSO, UM, ADOPTING OUR CIP THIS EVENING.

SO I WANTED, UH, JUST ONE LAST TIME.

WE'VE LOOKED AT THESE A COUPLE TIMES NOW, BUT JUST TO PUT UP, UM, OUR LISTING OF CIP PROJECTS THAT WE'LL BE FUNDING THIS YEAR.

34.4 MILLION OF GOVERNMENTAL, UM, TOTAL OF 23 MILLION FROM UTILITIES.

SO THIS TAKES TWO SLIDES.

THIS FIRST SLIDE IS OUR WATER, SEWER, AND RECLAIMED PROJECTS, OF WHICH, UH, 15 MILLION ARE IMPACT FEES AND 650,000 ARE DEVELOPER FUNDS.

AND THEN OF COURSE WE HAVE GAS IN OUR DRAINAGE PROJECTS AS WELL.

SO OUR NEXT DISCUSSION IS GONNA BE THE END.

UM, I DON'T KNOW IF Y'ALL ARE SAD OR HAPPY, BUT SEPTEMBER 9TH WILL BE OUR SECOND PUBLIC HEARINGS AND ADOPTION OF THE BUDGET AND TAX RATE.

ANY, ANY QUESTIONS BEFORE WE MOVE ON TO THE PUBLIC HEARINGS? ANY QUESTIONS COUNCIL MEMBERS? JUST ONE CLARIFICATION TO COUNCILMAN BATEMAN'S COMMENT.

SO WHAT IS THE ACTUAL MONEY IN THE BUDGET? IS IT 180 MILLION? IS THAT REAL MONEY OR IS THAT THE MONEY THAT YOU HAVE TO ACCOUNT FOR BY STATE RULES ACCOUNTING? THE, THE REAL CASH MONEY, UM, I CAN SUM THAT UP FOR YOU AND BRING IT TO YOU, BUT THERE'S NOT A CONSOLIDATING ENTITY LIKE YOU HAVE IN CORPORATE ACCOUNTING WHERE YOU CAN EASILY BRING THAT OUT.

I'M SAYING THE 180 MILLION IS NOT INFLATED BY THIS DOUBLE BOOKING ENTRY REQUIRED BY THE STATE, IS IT? NO, IT IS.

THE 181 MILLION HAS, UM, APPROXIMATELY ABOUT $16.4 MILLION OF TRANSFER RELATED TO CAPITAL.

SO THAT, SO ACTUALLY IT'S MORE LIKE 166 MILLION AND REAL OF REAL MONEY THE WAY WE, THE WAY NORMAL PEOPLE THINK ABOUT MONEY.

I KNOW, I'M JUST SAYING THAT THAT'S JUST THE CAPITAL RELATED TRANSFERS.

SO THERE'S OTHER TRANSFERS WHEN YOU BRING MONEY IN FROM FUND BALANCE.

OKAY, GOT IT.

IT OCCURS.

YEAH, IT'S FUNNY.

AND ACCOUNTING, IT'S GOVERNMENT.

I GET IT.

THIS, SCOTT, WELL IF YOU'RE SAD THAT YOU'RE FINISHING UP, YOU GET TO START THE PROCESS.

I'LL BACK OVER IN A COUPLE MONTHS.

, THIS REALLY IS JUST A PAUSE FOR A COUPLE MONTHS.

RIGHT, RIGHT, RIGHT.

ANY QUESTIONS FROM COUNCIL COMMENTS? NO.

ALL RIGHT, THEN WE WILL OFFICIALLY MOVE INTO THE FIRST PUBLIC HEARING FOR AGENDA ITEM FIVE A 2025 DASH THREE 80 AT 6:43 PM ANYONE LIKE TO COME FORWARD AND SPEAK ON FOR THIS PUBLIC HEARING THEN WANTS TO COME FORWARD? WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING AT 6:44 PM AND GO BACK INTO REGULAR SESSION C COUNCIL MEMBER, CAN I GET A MOTION FOR COUNCIL BUNKER ON THIS MATTER? YEAH, I MOVE.

WE APPROVE ON FIRST READING ORDERS NUMBER 2025 DASH 10 AN ORDER THAT'S ADOPTING THE ANNUAL BUDGET FOR THE CITY OF BURN TEXAS FOR THE FISCAL YEAR, BEGINNING OCTOBER 1ST, 2025 AND ENDING SEPTEMBER 30TH, 2026.

IN ACCORDANCE WITH CHAPTER 1 0 2, LOCAL GOVERNMENT CODE AND THE APPROPRIATE AND APPROPRIATING THE VARIOUS AMOUNTS THEREOF.

ORDINANCE ADOPTING THE BUDGET.

SECOND FROM COUNCILMAN BATEMAN, PLEASE VOTE.

AND MOTION PASSES.

FIVE ZERO.

THANK YOU EVERYONE.

MOVING

[B. PRESENTATION, PUBLIC HEARING AND CONSIDER ON FIRST READING ORDINANCE NO. 2025-11; AN ORDINANCE SETTING THE AD VALOREM PROPERTY TAX RATE FOR THE 2025 TAX YEAR AT 47.16 CENTS PER EACH $100 OF TAXABLE VALUE. (Ordinance adopting tax rate)]

WE'LL OFFICIALLY OPEN THAT PUBLIC HEARING AT 6:44 PM THEN I COME FORWARD AND SPEAK FOR THAT MATTER.

NO SPEAKERS.

ALL RIGHT, WE'LL OFFICIALLY CLOSE THE PUBLIC HEARING AT 6:45 PM FOR THOSE END OF ITEM, CAN I GET A, UH, MOTION FROM THE COUNCIL MOTION FROM COUNCILMAN BUNKER AGAIN? I MOVE.

WE APPROVE ON, ON FIRST READING ORDINANCE NUMBER 2025 DASH 11, AN ORDINANCE SETTING THE AVALARA PROPERTY TAX RATE FOR THE 2025 TAX YEAR AT

[00:45:01]

UH, ORDINANCE ADOPTING A TAX RATE.

SECOND FROM COUNCILMAN WILLISON, PLEASE VOTE AND MOTION PASSES.

FIVE ZERO EVERYONE.

THANK YOU.

ALRIGHT,

[C. CONSIDER ON FIRST READING ORDINANCE NO. 2025-12; AN ORDINANCE ADOPTING THE FISCAL YEAR 2026 CAPITAL IMPROVEMENT PLAN AND APPROPRIATING FUNDS FOR FISCAL YEAR 2026 CAPITAL PROJECTS.]

CONSIDER THE FIRST READING ORDINANCE NUMBER 2025 DASH ONE TWO IN ORDINANCE ADOPTING THE FISCAL YEAR 2026 CAPITAL IMPROVEMENT PLAN AND APPROPRIATING FUNDS FOR FISCAL YEAR 2026 CAPITAL PROJECTS.