Oct 13, 2026 City Council on 2026-10-13 6:00 PM

[00:00:02]

WELCOME

[1. CALL TO ORDER – 6:00 PM]

IT IS OFFICIALLY 6:00 PM ON OCTOBER 13TH, 2026, TO THE REGULAR CITY COUNCILMAN OF THE CITY OF BERNIE, TEXAS.

IT'S MY PLEASURE TO INVITE DEACON ANNIE MENA FROM THE BETHANY, I THINK I SAID THAT RIGHT.

UH, BETHANY CHURCH TO LEAD US IN INDICATION THIS EVENING.

ANNIE, THANK YOU FOR COMING.

GOOD EVENING.

HELLO, HEAVENLY FATHER.

I COME TO YOU LORD, AND I GIVE YOU THANKS AND PRAISE LORD GOD, FOR WHO YOU ARE.

LORD, I THANK YOU FOR YOUR SON JESUS, LORD GOD.

I THANK YOU FOR YOUR SOVEREIGNTY.

THANK YOU FOR YOUR WORD AND THE LORD THIS EVENING.

FATHER, AS THIS GROUP HERE GATHERS, LORD GOD, I PRAY, LORD, THAT YOUR BLESSING BE UPON THEM, UPON THEIR FAMILIES, LORD, UPON THIS CITY OF BERNIE, LORD GOD.

AND FATHER, I PRAY THAT THE DECISIONS THEY MAKE, LORD GOD, THE AGENDA THAT THEY HAVE, LORD GOD, THAT IT WOULD ALIGN WITH YOUR WORD, LORD, AND THAT YOU WOULD GIVE THEM WISDOM, THAT YOU WOULD GIVE THEM LIGHT.

FATHER, THAT THEIR DECISIONS AND THEIR ACTIONS, LORD, WILL BE A BLESSING TO THE CITIZENS OF BERNIE, TO A BLESSING TO THE CITIZENS OF THE FAMILIES, OF THE CHILDREN, LORD AND FATHER, LET EVERYTHING THAT IS DONE HERE, LORD, AND SAID HERE, FATHER, LET IT BE IN THE FEAR OF YOU.

LET IT BE FATHER GOD FOR YOUR GLORY.

LET IT BE FOR YOUR HONOR.

OH LORD, I PRAY THAT YOU WOULD LEAD AND GUIDE EACH OF THESE COUNCIL MEMBERS, LORD AND THE STAFF.

AND FATHER, I THANK YOU FOR THE CITY OF BERNIE.

I THANK YOU FOR THE FIRST RESPONDERS.

LORD, I THANK YOU FOR THE, THE TEACHERS, LORD, THE PEOPLE, LORD GOD, THAT SERVE IN THIS CITY, LORD GOD, AND THAT STRIVE EACH DAY, LORD GOD, TO WORK HARD AND TO DO WHAT IS RIGHT IN YOUR EYES, AND TO DO WHAT IS BEST FOR THE CITIZENS OF THIS CITY.

FATHER, I THANK YOU FOR THIS TIME, AND I PRAY, LORD, THAT YOU WOULD BLESS EACH OF THE COUNCIL MEMBERS AND THEIR STAFF.

I PRAY YOU'LL BLESS THEIR PAR, THEIR, THEIR, UH, CHILDREN, THEIR FAMILIES.

LORD, I PRAY, LORD GOD, THAT THEIR LIVES HONOR YOU.

LORD, I PRAY THAT FATHER GOD, YOU WOULD POUR OUT YOUR MERCY, YOUR GRACE UPON THEM, FATHER, EACH DAY AND EACH MOMENT, FATHER, THAT THEY WOULD LIVE THEIR LIVES ACCORDING TO YOUR WORD.

I THANK YOU FOR THIS GREAT CITY.

LORD, I THANK YOU FOR THIS OPPORTUNITY.

AND FATHER, I GIVE YOU THANKS AND PRAISE FOR WHO YOU ARE.

YOU ARE THE GOD OF EVERLASTING LIFE, AND I PRAISE YOU LORD, IN JESUS' NAME.

AMEN.

AMEN.

THANK YOU.

AMEN.

DID YOU JOIN ME TO PLEASURE, ALLEGIANCE, THEN TO THE TEXAS FLAG, OUR PGI TO THE FLAG FROM THE UNITED STATES OF AMERICA, INTERIOR REPUBLIC FOR WHICH STANDS, ONE NATION UNDER GOD, INVIS, LIBERTY, JUSTICE FOR ALL HONOR, TEXAS, FLAG PLEDGE ALLEGIANCE, TEXAS, ONE STATE UNDER GOD, ONE IN THIS.

THANK YOU.

YOU MAY BE SEATED.

MOVING ON TO AGENDA ITEM NUMBER TWO, CONFLICTS OF INTEREST.

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

NO CONFLICTS OF INTEREST.

GREAT.

MOVING ON TO AGENDA NUMBER THREE, PUBLIC COMMENTS.

UH, I BELIEVE NOBODY HAS SIGNED UP TO SPEAK, BUT IF SOMEONE HAS CAME IN, COME IN LATE AND WOULD LIKE TO COME FORWARD AND HAVE HER THREE MINUTES, YOU CAN COME IN THE PODIUM AND GIVE YOUR NAME AND ADDRESS AND YOU'LL HAVE YOUR THREE MINUTES.

OKAY.

NO TAKERS OR PUBLIC COMMENTS.

[4. CONSENT AGENDA]

IF NOT, CAN I GET A MOTION? MOTION FROM COUNCILMAN BUNKER? I MOVE.

WE APPROVE THE CONSENT AGENDA AS PRESENTED.

SECOND FROM COUNCILMAN MACALUSO.

PLEASE VOTE.

CONSENT AND AGENDA PASSES.

FIVE ZERO.

THANK YOU EVERYONE.

MOVING

[Item 5.A through Item 5.C]

UH, NATHAN CRANE IS GONNA COME UP, PRESENT THESE THREE ITEMS TOGETHER, AND THEN WE'LL VOTE ON 'EM SEPARATELY.

NATHAN, THANK YOU MAYOR, MEMBERS OF THE COUNCIL.

UH, TONIGHT WE'LL BE CONSIDERING, UH, THREE DIFFERENT ITEMS, THE REQUEST FOR ANNEXATION, UH, ZONING, AND A SPECIAL USE PERMIT TO ALLOW FOR A NEW, UH, AUTOMOBILE DEALERSHIP.

UH, THIS IS HOW THIS ACTION ALIGNS WITH OUR STRATEGY MAP.

UH, MORE SPECIFICALLY OUR COMPREHENSIVE MASTER PLAN BACKGROUND.

THIS SITE IS LOCATED JUST, UH, SOUTH OF FORD OF BERNIE.

IT'S HIGHLIGHTED IN GREEN.

UH, IT'S ABOUT 13.84 ACRES.

OUR APPLICANT REPRESENTATIVE IS, UH, ASHLEY FAIRMAN THIS EVENING.

WE HAVE THREE REQUESTS AS MENTIONED.

UH, ONE IS, SORRY, ONE IS 13.4 ACRES FOR THE VOLUNTARY ANNEXATION SHOWN IN GREEN, UH, AND, UH, ZONING.

AS YOU KNOW, THE, UH, UNIFIED DEVELOPMENT CODE, UH, WHEN A PROPERTY IS ANNEXED, IT SIGNS A HOLDING ZONING, UH, TO THE PROPERTY.

UH, THEY'RE REQUESTING TO REZONE FROM HOLDING TO C3 COMMUNITY COMMERCIAL FOR THE ENTIRE 13 ACRES.

UH, IT DOES INCLUDE EXISTING USES OF THAT ARE RELATED TO THE FORD BURNIE

[00:05:01]

UH, THEY'RE REQUESTING THE SPECIAL USE PERMIT FOR THE NEW AUTOMOBILE DEALERSHIP, UH, BEFORE YEARS.

OUR ENVIRONMENTAL CONSTRAINTS MAP, IT IS IN WITHIN THE LOWER GLENROSE BUFFER.

UH, THERE WAS A GEOLOGICAL AND NATURAL FEATURE STUDY, UH, COMPLETED.

IT FOUND NO AQUATIC OR CARS FEATURES ON THE SITE.

FUTURE LAND USE MAP DESIGNATES THE PROPERTY AS AUTO ORIENTED COMMERCIAL, UH, TRYING TO TAKE ADVANTAGE OF THE, UH, USES THAT, UH, ARE AUTO ORIENTED.

UH, THE PROPOSED ONLY AND C3, UH, IS OUR COMMUNITY COMMERCIAL DISTRICT.

IT'S OUR SECOND HIGHEST DISTRICT.

WE HAVE A COMMERCIAL DISTRICT.

WE HAVE C3 AND C FOUR TWO HIGHEST.

THOSE ARE PRIMARILY LOCATED ALONG IH 10.

UH, THESE ARE USES, THESE ARE USES THAT HAVE A HIGHER TRANSPORTATION DEMAND THAN WOULD A C TWO OR C ONE, UH, USE.

UH, AUTOMOBILE SALES AND SERVICES IS PERMITTED IN THIS ZONING DISTRICT SUBJECT TO THE SPECIAL USE PERMIT.

THIS PROPERTY ALSO BE SUBJECT TO THE SCENIC INTERSTATE CORRIDOR OVERLAY DISTRICT, UH, WHICH HAS ADDITIONAL STANDARDS FOR LANDSCAPING, BUFFERING SCREENING, BUILDING HEIGHTS AND SETBACKS.

UH, THE PROPOSED SITE PLAN, THE BUILDING IS 43, JUST OVER 43,000 SQUARE FEET.

THERE'S 371 PARKING SPACES, UH, BROKEN INTO INVENTORY STORAGE, UH, SPACES, UH, SET ASIDE FOR SERVICE AND 61 CUSTOMER AND EMPLOYEE SPACES.

UH, THE SITE WILL FEATURE RAINWATER AND HVAC CAPTURE, UH, TO BE USED TO, UH, IRRIGATE THE PROPOSED LANDSCAPING.

IT WILL NOT BE A CAR WASH ON THE SITE, AND ACCESS IS PROVIDED FROM TWO DRIVES, UH, DRIVEWAYS ON THE FRONTAGE ROAD.

YOU CAN SEE THESE HERE AND ACROSS ACCESS TO THE FORT BURNEY SITE, UH, ON NORTH OF THE SITE.

LANDSCAPING HIGHLIGHTS INCLUDE 35.4% OF THE SITE HAS BEEN LANDSCAPED, AND, UH, MOST IMPORTANTLY INCLUDES A 20 FOOT BUFFER TO THE EXISTING RESIDENTIAL ALONG THIS EDGE OF THE PROPERTY.

IT ALSO INCLUDES THE REQUIRED 30 FOOT BUFFER ALONG IH 10 AS REQUIRED BY THE OVERLAY DISTRICT.

UH, THEY WILL BE DOING BIO RETENTION FOR THEIR LOW IMPACT DEVELOPMENT, UH, REQUIREMENT TREE PRESERVATION.

THEY DO COMPLY WITH OUR TREE PRESERVATION ORDINANCE.

I WILL MENTION THAT, UH, THEY DID TAKE A SIGNIFICANT EFFORT IN THEIR REDESIGN AND TRY TO PRESERVE ADDITIONAL TREES, WHICH, UH, WE APPRECIATE.

THERE'S A TOTAL OF 136 ON THE SITE, AND THEY'RE PRESERVING 88, INCLUDING 44 HERITAGE TREES.

THERE ARE TWO EXISTING SIGNS ON THE SITE.

UH, THE FIRST ONE WE CALL A POLE SIGN, UH, WHICH IS RIGHT HERE, UH, ACCORDING TO UDC.

UH, IF THE USE THAT THAT SIGN IS ASSOCIATED WITH IS DISCONTINUED FOR 90 DAYS, IT'S REQUIRED TO BE REMOVED, SO THAT SIGN WILL BE REMOVED.

UM, THERE'S A BILLBOARD, UH, RIGHT HERE ON THE SITE.

UH, BILLBOARDS ARE PROHIBITED BY THE UDC, UH, CURRENTLY, UH, IN ON SEPTEMBER 14TH, THE PLANNING ZONING COMMISSION CONSIDERED, UH, THE, UH, THIS REQUEST.

THE REQUEST IS THAT, UH, THE BILLBOARD REMAIN STAFF ORIGINALLY INCLUDED A STIPULATION THAT IT, UH, BE REMOVED ALSO.

UH, THE PLANNING AND ZONING COMMISSION AMENDED THE STIPULATION BASED ON OWNERSHIP INFORMATION THAT THEY RECEIVED AT THE TIME.

SUBSEQUENT TO, UH, THAT MEETING, UH, WE WERE ABLE TO FIND, UH, A RECORD OF OWNERSHIP TRANSFER, UH, IN SEPTEMBER 8TH, 2026.

UH, THIS IS ALL THE SAME OWNERSHIP GROUP, ALTHOUGH DIFFERENT NAMES.

UH, IT'S ALSO IMPORTANT TO NOTE THAT TECH STOCK SHOWS NO RECORD OF A PERMIT, UH, FOR THIS SIGN.

MEANING THE BILLBOARD, UH, STAFF IS RECOMMENDING A REVISION TO STIPULATION NUMBER THREE OF THE SUP IF THE COUNCIL CHOOSES TO APPROVE IT, UH, STATING ALL EXISTING SIGNAGE, INCLUDING THE BILLBOARD AND PULSE SIGN, SHALL BE REMOVED PRIOR TO SITE DEVELOPMENT PERMIT.

AS I MENTIONED, PLANNING ZONING, COMMISSION HELD PUBLIC HEARING ON SEPTEMBER 16TH.

UH, THEY RECOMMENDED APPROVAL OF THE C3 COMMERCIAL DISTRICT AND APPROVAL OF THE SPECIAL USE PERMIT SUBJECT TO THE 10 STIPULATIONS.

THE APPLICANT IS HERE, UH, AND HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE AT THIS TIME.

ALRIGHT, THANK YOU.

THANK YOU, NATHAN.

UM, ANY QUESTIONS? YOU SAID THE APPLICANT IS HERE IF THEY'D LIKE TO COME FORWARD.

ANY

[00:10:01]

I GOT 'EM RIGHT HERE.

UNLESS YOU CAN PUT IT ON A SLIDE OR SOMETHING.

OKAY, HERE YOU GO.

OKAY, WELL, THAT'S FINE.

SO , IF YOU CAN READ THAT TO YOUR, UH, DOING BETTER THAN ME.

LET'S SEE.

UH, I'LL STEP BACK A MINUTE.

UM, SO ONE IS, I'LL JUST GO THROUGH 'EM BRIEFLY.

ONE IS A STANDARD STIPULATION THAT WE, UH, INCLUDE.

SO WE SPECIFY WHAT PLAN AND PROJECT THAT THEY HAVE TO COMPLY WITH.

SO IT'S VERY CLEAR, UH, STIPULATION, UH, REGARDING THE, UH, HVAC CONDENSATION CAPTURE AND RAINWATER HARVESTING.

UH, EXISTING SIGNAGE IS NUMBER THREE THAT WE TALKED ABOUT.

UH, NUMBER FOUR HAS TO DEAL WITH ANY IMPROVEMENTS THAT THE, UH, THAT TEXT AUDIT IS GOING TO REQUIRE, THAT THEY'LL BE REQUIRED TO, UH, IMPROVE, MAKE THOSE IMPROVEMENTS, UH, MEET THEIR MINIMUM TREE PLANTING.

THEY'RE SHORT ABOUT SIX TREES.

UH, NOT A SIGNIFICANT AMOUNT, BUT, UH, THEY'LL BE ADDING THOSE, UH, FINAL PHOTO METRIC AND LIGHTING PLANS, UH, WILL BE REVIEWED AND APPROVED AND MEET OUR, UH, CITY STAR SKY LIGHTING REQUIREMENTS.

WE DID GET A GENERAL, UH, PLAN RIGHT NOW.

UH, WE LIKE TO, UH, WHEN WE SEE THAT, WE LIKE TO MAKE SURE THAT WE'RE NOT ONLY LOOKING AT PARKING LOTS, BUT WE'RE LIGHTING, BUT WE'RE LOOKING AT BUILDING AND SIGNAGE AND LIGHTING ALSO.

UH, ONE IS A BALANCE BETWEEN THE GROSS FLOOR AREA OF THE SERVICE AND AUTOMOBILE SALES.

UH, AND ANYTHING ANY SUBSTANTIAL MODIFICATION, UH, WOULD REQUIRE, UH, MAY REQUIRE AN AMENDMENT TO THE SPECIAL USE PERMIT.

IN OTHER WORDS, IF THEY CAME IN AND DID A, UH, CAR WASH OR SOMETHING LIKE THAT, OR A SUBSTANTIAL CHANGE, DOUBLED THE SIZE OF THE BUILDING, THINGS LIKE THAT, WE'D HAVE TO COME BACK THROUGH THE PROCESS.

UH, NINE IS JUST A STANDARD STIPULATION, ENSURING THAT, UH, THEY UNDERSTAND THAT, UH, THIS IS NOT A CONSTRUCTION PERMIT.

AND, UH, 10 IS THE EXPIRATION DATE COORDINATOR, UC, UDC.

THEY HAVE TWO YEARS TO PULL A PERMIT.

OKAY.

ALL RIGHT.

DO YOU HAVE ANY OTHER QUESTIONS? COUNCIL, MCSO? SO, TY? YEAH.

YEAH.

ONE MORE QUESTION.

NATHAN, CAN YOU REMIND ME, SO THE PROCESS, UM, ANNEXATION, ZONING, SPECIAL USE, SO IF, UM, ANNEXATION, IF, LET'S SAY THEY ALL HAPPEN AND THEN THE APPLICANT FOR WHATEVER REASON, DOESN'T DO AUTOMOBILE.

LET'S SAY THEY, THE KIA DOESN'T HAPPEN.

AND SO WE HAVE A ANNEX PROPERTY AND A ZONING, CAN YOU JUST TALK THROUGH THE PROCESS FOR THE PUBLIC, WHAT THAT MEANS? YES.

FOR THE PROPERTY, HYPOTHETICALLY.

SO WITH THE THREE ACTIONS, IF YOU THINK OF 'EM INDEPENDENTLY, THE FIRST IS, HEY, UH, DO WE WANT THIS PARCEL WITHIN OUR CITY LIMITS? AND WITH THAT COMES SOME OBLIGATIONS, UH, FOR PROVIDING PUBLIC SERVICES, WATER, SEWER, UH, POLICE, FIRE, THINGS LIKE THAT.

UH, ADDITIONAL GOVERNMENTAL SERVICES.

SO, UH, THAT'S THE FIRST DECISION.

SO WE'RE MAKING THE DECISION THAT WE'RE WILLING TO HAVE THEM IN OUR, UH, CITY LIMITS.

THE SECOND ONE IS IDENTIFYING THE ZONING FOR THE PROPERTY.

SO IN THIS CASE, IT'D BE C3.

UH, AND IF THERE WASN'T A SPECIAL USE PERMIT ASSOCIATED WITH IT, WE'D BE JUST CONSIDERING THE C DISTRICT.

UH, THE FINAL IS THE, UH, SPECIAL USE PERMIT, WHICH IS SPECIFICALLY FOR THIS SITE.

SO, UH, IN, IN THIS PARTICULAR, UH, USE.

SO FOR EXAMPLE, IF IN TWO YEARS, UH, FOR WHATEVER REASON THE SITE WASN'T, UH, BUILT AND THEY WANTED TO COME IN AND, AND DO SOMETHING ELSE THAT WAS ALLOWED UNDER C3, THEY COULD DO THAT.

UH, IF IT REQUIRED AN SUP, WE'D BE BEFORE YOU.

UH, IF IT DIDN'T, THEN, YOU KNOW, IF IT WAS JUST OFFICE BUILDINGS, THEY COULD DO THAT ALSO.

SO JUST TO REEMPHASIZE THAT, IF, UM, IF IT WAS A CAR DEALERSHIP AFTER TWO YEARS, THEY'D HAVE TO GO BACK THROUGH THE SUP PROCESS.

YES.

BUT IF IT WAS A OFFICE BUILDING THAT FIT WITHIN C3, THAT WOULD BE ALLOWED.

CORRECT.

CORRECT.

SO BASICALLY WHAT WE'RE SAYING IS WE'RE OKAY WITH ALL THE USES PERMITTED IN THE C3 DISTRICT AT THIS LOCATION.

ADDITIONAL QUESTION THERE, 'CAUSE THIS HAS COME UP BEFORE.

UM, I DON'T THINK THIS WILL BE AN ISSUE IN THIS CASE, BUT I, IT'S COME UP BEFORE AND STILL BOTHERS ME.

WE ISSUE THE ZONING C3 REGARD.

I'M NOT GONNA GET INTO THE SUP AND ALL THAT.

RIGHT NOW.

WE ISSUE THE ZONING.

SO THIS PROJECT DOESN'T HAPPEN AND THE PROPERTY SOLD.

WHY WE NOT REZONE IT TO HOLDING.

SO WE START OVER, WE CAN, WE WOULD HAVE TO GO THROUGH THE PUBLIC PROCESS.

MEAN, SHOULD NOT DO THAT.

WE, WE, 'CAUSE THAT'S WHERE OUR LEVERAGE IS, TO BE PERFECTLY CANDID.

THAT'S WHERE THE LEVERAGE IS, THE ZONING.

SO IT WOULD BE ANNEXED, I UNDERSTAND THAT, BUT A NEW OWNER, NEW APPLICANT, WHATEVER.

YEAH, THE COUNCIL AND P AND Z CAN INITIATE A REZONING.

BUT I'M

[00:15:01]

IF, IF WE CHANGE ZONING BASED ON WHAT'S PRESENTED TO US, AND FOR WHATEVER REASON, YOU KNOW, THAT'S THINGS HAPPEN, IT DOESN'T HAPPEN.

WE, WE SHOULD NOT BE STUCK WITH C3 BECAUSE THAT IS THE ONLY LEVERAGE WE HAVE.

I KNOW WE HAVE LEVERAGES THE UDC AND ALL THAT.

I GOT THAT.

RIGHT.

BUT I'M SAYING THAT IS THE ULTIMATE LEVERAGE WE HAVE IS THE ZONING.

MY, MY ONLY COMMENT, I, I AGREE.

UM, MY ONLY COMMENT WOULD BE TO LOOK AT OUR FUTURE LAND USE MAP AND SEE AND MAKE THE DECISION.

BASICALLY YOU'RE MAKING A DECISION OF WHETHER C3 IS CONSISTENT WITH THAT AUTO, AUTO ORIENTED COMMERCIAL.

I'M NOT SAYING IT WOULDN'T BE.

I'M JUST SAYING IT GIVES US ANOTHER LEVEL OF PROTECTION.

YES, IT DOES.

ANOTHER LEVEL OF PROTECTION TO SAY, LOOK, YOU WANT THE ZONING, THIS IS, WE WANNA MAKE SURE YOU'RE GONNA COMPLY WITH THE UDC, WITH ALL THESE, ALL THE THINGS, ALL THE THINGS THAT ARE LISTED HERE, WHICH ARE VERY GOOD, WHICH I APPLAUD THE, THE APPLICANT FOR DOING SO.

I MEAN, I, I MEAN THOSE THINGS ARE, IT WOULD HAVE TO FOLLOW THE UDC REGARDLESS, RIGHT? CORRECT.

THAT WOULD, IT WOULD BE THE STIPULATIONS ARE FOR THE SUP.

SO IF AN APPLICANT CAME IN THAT HAD HAD TO HAVE AN SUP, THEN STIPULATIONS WOULD STILL BE, WOULD STILL BE THERE.

BECAUSE THEY'D STILL HAVE TO FOLLOW THE SUP PROCESS.

SO YEAH, IT WOULDN'T MATTER IF THAT SIGN SAID HYUNDAI.

RIGHT? AS LONG AS IT'S AUTO DEALERS, THEY COULD COMPLY WITH THE SUP.

IT'S NOT DEALERSHIP SPECIFIC.

RIGHT.

I, YEAH.

SO I THINK I WAS THINKING MORE OF A CHANGE OF USE.

NOT, NOT, RIGHT.

I THINK, BUT THAT'S WHEN YOU HAVE TO FEEL THAT THE UDC IS POWERFUL ENOUGH TO PROTECT A LOT OF THE THINGS.

BUT YOU'RE RIGHT THAT THE OFFICE BUILDING WOULDN'T HAVE THE RAINWATER HARVESTING POTENTIALLY, BUT IT MIGHT, BECAUSE THAT MIGHT BE HOW THEY GET THEIR LID WELL, WE DON'T KNOW.

IN TWO WEEKS YOU'LL SEE AN AMENDMENT TO THE UDC THAT REQUIRES, IT WON'T BE, IT WON'T BE AN OPTION.

GO.

THERE YOU GO.

I WORKED ON THAT.

NOT BE AN OPTIONAL.

RIGHT.

SO THERE YOU GO.

BUT THAT'S, THAT'S TOO, OKAY.

I JUST WANTED TO CLARIFY IN MY OWN MIND THAT, BECAUSE YEAH, WE'VE HAD THIS CONVERSATION.

NO, BUT THAT'S A GOOD POINT.

IT'S HARD SOMETIMES.

YEAH.

ALRIGHT.

YES SIR.

ALRIGHT.

DO YOU HAVE ANY QUESTIONS FOR, FOR THE APPLICANT WITH THE CHANGES, WITH THE STIPULATION THAT WE'VE MADE ON THIS, UH, THE 10 REVISIONS TO THE SUP, UM, DOES THAT HINDER YOU GUYS MOVING FORWARD? NO, I, I JUST HAVE ONE QUESTION ON THERE.

UM, ONE THING REGARDING THE TXDOT CONDITIONS, I THINK IN THE STAFF REPORT, I DON'T KNOW IF IT WAS LISTED IN THE STIPULATIONS, BUT IN THE STAFF REPORT THERE WAS ABOUT A RIGHT TURN LANE AND WE WOULD JUST LIKE TO COMPLY WITH TEXT REQUIREMENTS.

'CAUSE WE'RE NOT SURE THAT'S GOING TO BE REQUIRED YET.

SO THAT'S, SORRY.

DO YOU GUYS WANNA BE ADDING A RIGHT TURN LANE? NO.

NO.

SO IF YOU LOOK AT NUMBER FOUR, UH, REQUIRED BY THE TIA INCLUDING RIGHT TURN LANES, CONFI, AND ANY ENS REQUIRED BY BERNIE AND TXDOT.

SO AS STAFF, WE WOULD INTERPRET THIS TO MEAN IF TDOT REQUIRES A RIGHT TURN LANE, THEY WOULD NEED TO INSTALL THE RIGHT TURN LANE.

IF THEY DON'T, THEN THEY WOULDN'T.

SO DOES THE T THIS GOES BACK TO ANOTHER LARGE PROJECT I'VE DEALT WITH.

SO THE TIA IS NOT FROM THE CITY, IT'S FROM .

I THOUGHT, UH, TIAS WAS SUBMITTED TO THE CITY.

IT'S ACTUALLY BEEN SUBSEQUENT TO THESE STIPULATIONS.

IT'S BEEN REVIEWED AND APPROVED.

SO, SO BY THE CITY OR BY TDOT? UH, I THINK THE CITY.

YEAH, CITY.

YOU'RE STILL WORKING ON YOUR TDOT PERMITS? THAT HAS NOT RESOLVED YET.

OKAY.

YEAH.

AND THE CITY REVIEW DID NOT INDICATE A RIGHT TURN LANE.

I DON'T RECALL.

I'M SORRY.

YEAH.

OKAY.

JUST, UM, WE, WE ADDRESSED THAT CONCERN.

UM, IT'S IN MY PRESENTATION, BUT THERE WAS A LETTER TO T DOT COMMITTING TO, I THINK THE CONCERN FOR THE RIGHT TURN LANE, LET ME TAKE A STEP BACK, WAS REGARDING THE, UM, THE BIG TRUCKS THAT BRING THE CARS TO THE SITE AND PARKING ON THE ACCESS ROAD.

UM, AND SO THERE'S A LETTER TO T DOT FROM THE EL TORO AUTO GROUP THAT SAYS THAT THAT WILL NOT HAPPEN.

THAT THEY WILL COME THROUGH THE FORD OF BERNIE SITE, WHICH IS OFF OF CASCADE CAVERNS.

SO BY ADDRESSING THAT CONCERN, I THINK WE'VE MITIGATED THE NEED FOR A RIGHT TURN LANE.

JUST TO CLARIFY, 'CAUSE I'VE, I'VE DEALT WITH THIS ON THE OTHER SIDE OF I 10.

MM-HMM .

THERE'LL BE NO TRUCKS UNLOADING CARS ON THE SERVICE ROAD.

YES, SIR.

OR ANY ON ANY ROAD.

THAT WAS MY NEXT QUESTION.

ON ANY ROAD.

ON ANY ROAD.

NO, THEY, THEY WILL COME THROUGH, THEY'LL COME INTO THE OKAY, THAT'S GOOD.

BECAUSE WE HAVE THAT ON THE OTHER SIDE OF THE LINE TOO.

YEAH, I KNOW, I KNOW IT'S, YEAH.

OKAY.

THAT WAS MY NEXT QUESTION.

OKAY.

THEN ONE OTHER THING I'D LIKE TO ADDRESS.

UM, YES MA'AM.

WE KNOW THAT THERE'S BEEN A LOT OF CONCERNS ABOUT THE BILLBOARD ON THE PROPERTY.

UM, AND IN RED, SORRY, EXCUSE ME, NATHAN'S CONDITION ABOUT IT BEING REMOVED PRIOR TO THE SITE DEVELOPMENT PERMIT? UM, I THINK OUR ONLY REQUEST IF THE COUNCIL WOULD CONSIDER IT, IS FOR AN ADDITIONAL AMOUNT OF TIME TO DO THAT, TO MAKE SURE THAT IT'S REMOVED PROPERLY, THAT THE LEASE IS TERMINATED, UM, AND THAT IT'S, IT'S NATHAN NOTED, THERE'S NO DOCUMENTATION OF T APPROVAL OF THAT

[00:20:01]

SO, UM, THAT WOULD BE OUR ONLY REQUEST IS FOR A LITTLE BIT ADDITIONAL TIME.

NATHAN, CAN YOU SPEAK TO THAT? SO YOU'RE ASKING FOR MORE, YOU WANNA GO AHEAD AND GET THE SITE DEVELOPMENT PERMIT MOVING FORWARD WITHOUT THE BILLBOARDS BEING REMOVED, IS WHAT YOU'RE ASKING? YES.

BUT THEN HAVE A MAYBE A CERTIFICATE OF OCCUPANCY OR ANOTHER CONDITION ON THE REMOVAL.

SO YOU'RE SAYING THE PROCESS OF REMOVING THE BILLBOARDS GONNA TAKE LONGER THAN THEY WANT, RIGHT? CORRECT.

I, I KNOW, BUT WE NEED TO MAKE SURE THERE'S SOMETHING STILL IN THERE.

CAN WE DO SOMETHING WITH THAT NATHAN AND MAKE SURE THAT THEY COME DOWN? SURE, YEAH.

IF THE COUNSEL CHOOSES, WE CAN PICK THE TIMING OF THAT.

WE WON'T ISSUE A, UH, OCCUPANCY FOR THE SITE UNTIL THOSE ARE DOWN.

WHAT IS THE TIME THAT YOU'RE ASKING FOR? SO WHAT THEY'RE ASKING FOR IS, UH, I KNOW WHAT THEY'RE ASKING FOR.

WHAT IS THE TIME? A CO IS PROBABLY FAIR CO.

YEAH, YEAH.

IT'S ABOUT WHAT, SIX MONTHS? YEAH.

YES SIR.

SIX MONTHS TO REMOVE A SIGN.

I MEAN, WE WANNA WAIT FOR THE CURRENT LEASE, SO THEY WANNA MAKE SURE THERE'S NOT A CURRENT LEASE ON IT AND MAKE SURE TO DO IT PROPERLY.

I UNDERSTAND THAT.

YEAH.

OKAY.

I MEAN, IT'S STILL A STIPULATION IF THEY WANT, IF THEY WANT A CO THEY GOTTA DO THAT.

SO YEAH.

IF THEY WANT, THEY WANNA OPEN THE DOORS, THEY HAVE, THE BILLBOARDS HAVE TO COME DOWN.

I WANNA BE SURE, YOU KNOW, I'M ABOUT ANY KIND OF VARIANCE ON ANYTHING.

WELL, I DON'T LIKE ANY KIND OF EXCEPTION TO THE RULES.

YOU KNOW, I'M, I'M FUNNY ABOUT THAT.

IF THEY WANNA OPEN THE DOORS, THEY GOTTA DO IT, SO.

RIGHT.

WELL, I KNOW, BUT IT, BUT IT'S, BUT IT'S, IT'S, UH, I JUST WANNA, WANNA SET A PRECEDENT OF THIS ISSUE.

SO THAT'S ALL I'M CONCERNED ABOUT.

SO SIX MONTHS SEEMS LONG TO ME.

I WOULD BE WILLING TO GO THREE MONTHS AND THEN IF THEY NEED MORE TIME FOR A SPECIFIC REASON, WE CAN DO THAT.

I, I MEAN, I JUST THINK IT'S A LONG TIME.

I MEAN, IT TOOK US TWO YEARS TO OPEN HAMBY.

THAT'S A LONG TIME.

I MEAN, I'M JUST SAYING IT TAKES A LONG TIME TO OPEN BUSINESSES.

YOU GOT A FOLLOW PROCESS.

I, I GET IT.

I KNOW.

OKAY.

I DON'T THINK IT'S FAIR TO PUT IT.

I THINK THE CO IS FAIR BE, AND IT MIGHT TAKE 'EM THREE MONTHS.

IT MIGHT TAKE 'EM THREE MONTHS.

RIGHT.

BUT CO GIVES 'EM A TIMELINE.

MIGHT BE THREE MONTHS, MIGHT BE SIX MONTHS.

SO VERSUS JUST SAYING THREE MONTHS AND IT, SO WHAT CAN THEY DO IN THE MEANTIME? WHAT'S THAT? WHAT CAN THEY DO IN THE MEANTIME? ANYTHING, NATHAN, START CONSTRUCTION.

SO, YEAH, SO REALLY THE INTENT OF WHAT THEY'RE TRYING TO DO IS BE ABLE TO TAKE THOSE SIGNS DOWN AS PART OF CONSTRUCTION RATHER THAN PRIOR TO OKAY.

WHICH, WHICH ADDS THE ADDITIONAL TIME FOR THEM.

UM, SO THEY WOULD'VE TO DO THE SITE, THE SITE PREP AND ALL THAT HAS TO GO FIRST REGARDLESS.

SO, YEP.

JUST, I MEAN THIS IS VERY SIMILAR TO THE SHELL SIGN THAT WE DEALT WITH.

YES.

UH, AND CHASE BANK, WE HAD THEM TAKE IT DOWN AND MADE SURE IT WAS DOWN BEFORE COO.

OKAY.

GOOD.

GOOD, GOOD POINT.

I REMEMBER THAT VERY WELL, .

THAT WAS ANOTHER ONE OF MY, MY, MY DEALS THERE.

ALL RIGHT.

ANY OTHER QUESTIONS FOR THE APPLICANT AND FOR NATHAN? NO.

OKAY.

WE'LL MOVE INTO OUR FIRST PUBLIC HEARING FOR AGENDA ITEM 5 8 20 26 2 6 9 2 6 9.

HOLD A PUBLIC HEARING AND CONSIDER FIRST READING ORDINANCE NUMBER 2 0 2 6 1 5, AN ORDINANCE AND EXTEND APPROXIMATELY 13.4 ACRES LOCATED 31 30 31 400 BLOCK OF I I 10 INTO THE CITY OF BURNING KENDALL COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY.

WE'RE GONNA OPEN THE PUBLIC HEARING AT 6:23 PM IF ANYONE WANNA COME FORWARD AND SPEAK.

NOW IS YOUR TIME OKAY, NO SPEAKERS.

WE'RE GONNA CLOSE THE PUBLIC HEARING AT 6:23 PM AND GO BACK INTO REGULAR SYSTEM COUNCIL.

MEANING COUNCIL MEMBERS, CAN I GET A MOTION? WHICH MOTION? ALL THREE? NO, JUST FOR A, A OH, OKAY.

MOTION FOR COUNCILMAN WILLISON.

MAYOR, MAKE MOTION THAT WE APPROVE.

ORDINANCE NUMBER 2026 DASH 15.

AN ORDINANCE ANNEXING APPROXIMATELY 13.4 ACRES OF LAND GENERALLY LOCATED ALONG THE 3 1 3 0 0 DASH 3 1 4 0 0 BLOCK OF IH 10 CAD NUMBERS.

1, 2, 2, 1, 8.

1, 2, 2, 2, 2, 2.

1, 2, 2, 2, 0.

1, 2, 1, 7, 8.

1, 2, 2, 0, 7.

1, 2, 1, 8, 3.

1, 2, 1, 8 2.

INTO THE CITY OF BURNEY, KENDALL COUNTY, TEXAS.

AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY.

SO AS TO INCLUDE, SAID HEREIN, AFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL INHABITANTS OF SAID PROPERTY, ALL THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS IN BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS, AND REGULATIONS OF SAID CITY AT THE REQUEST OF PROPERTY OWNERS TUSCULUM TWO LLC.

SECOND FROM COUNCILMAN BUNKER, PLEASE VOTE.

[00:25:06]

FIVE ZERO.

THANK YOU EVERYONE.

MOVING ON TO ATTEND.

ON ITEM FIVE B 2026 DASH TWO 70.

RECEIVE THE RECOMMENDATION PLAN ZONING, COMMISSION HOLD OF PUBLIC HEARING.

CONSIDER FIRST READING ORDINANCE NUMBER 2026 DASH 16 IN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BURN UNIFIED DEVELOPMENT CODE ZONING, 13.4 ACRE TRACK FROM A WHOLE HOLD INTERIM ZONING DISTRICT TO C3 COMMUNITY COMMERCIAL ZONING DISTRICT LOCATED AT 31 331 400 BLOCK OF IH 10.

WE WILL OFFICIALLY OPEN A PUBLIC HEARING AT 6:25 PM ANYONE LIKE TO COME FORWARD AND SPEAK? OKAY, NO TAKERS.

WE'LL CLOSE THE PUBLIC HEARING AT 6:26 PM AND GO BACK INTO A REGULAR CITY MEETING.

COUNCIL MEMBERS, CAN WE GET A MOTION FROM COUNCIL MACALUSO ON THIS AGENDA ITEM? DO I NEED TO REPEAT IT AGAIN? I THINK I DO ACTUALLY.

YES, MAYOR.

I MOVE TO APPROVE ORDINANCE NUMBER 2026 TO 16 IN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BURNING UNIFIED DEVELOPMENT CODE BY AMENDING CHAPTER THREE, ZONING SECTION 3.2, ZONING MAP ZONING, 3.3 POINT 13.4 ACRE TRACK FROM A HOL INTERIM ZONING DISTRICT TO C3 COMMUNITY COMMERCIAL ZONING DISTRICT LOCATED, GENERALLY LOCATED AT 3,100 TO 31 431, 300 TO 31 400 BLOCK OF IH 10 CAD NUMBERS 1, 2, 2, 1, 8.

1, 2, 2, 2, 2.

1, 2, 2, 2, 0.

1, 2, 1, 7, 8.

1, 2, 2, 0, 7.

ONE TWO.

1, 8, 3.

1 2, 1 8, 2 SECOND FROM COUNCILMAN BATEMAN, PLEASE VOTE.

AND THAT MOTION PASSES.

FIVE ZERO.

THANK YOU EVERYONE.

MOVING ON TO OUR FINAL PUBLIC HEARING AGENDA.

ITEM FIVE C 2026 DASH 2 71 RECEIVED THE RECOMMENDATION OF PLANNING AND ZONING COMMISSION HOLD A PUBLIC HEARING CONSIDERING FIRST READING ORDINANCE NUMBER 2026 DASH ONE SEVEN AND ORDINANCE AMENDING OF OFFICIAL ZONING MAP AS TO OF BURNING UNIFIED DEVELOPMENT CODE, GRANTING A SPECIAL USE PERMIT TO ALLOW AUTOMOBILE SALES WITH ACCESSORY AUTOMOBILE SERVICE IN THE C3 COMMUNITY COMMERCIAL ZONING DISTRICT CONTINGENT UPON APPROVAL OF THE CONCURRENT REZONING ON PROPERTY LOCATED 31 300 DASH 31 400.

BLOCK OF IH 10.

AND GET A MOTION FROM COUNCILMAN BATEMAN.

DO THE PUBLIC HEARING.

OH, SORRY.

YEAH.

RIGHT.

WE'RE GONNA GO TO THE PUBLIC HEARING AT 6:27 PM ANYONE WOULD LIKE TO COME FORWARD AND SPEAK ON THIS MATTER? PLEASE COME FORWARD.

OR YOU COULD JUST SAY, NO ONE'S COMING FORWARD.

WILL CLOSE THE PUBLIC HEARING AT 6:27 PM AND GO TO ASK FOR A MOTION FROM COUNCILMAN BATEMAN.

UH, I MAKE A MOTION.

UH, WE RECEIVE THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION AND HOLD A PUBLIC HEARING AND CONSIDER ON FIRST HEARING THE ORDINANCE NUMBER 2026 DASH ONE SEVEN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF BARNEY UNIFIED DEVELOPMENT CODE BY AMENDING CHAPTER THREE ZONING SECTION 3.2 ZONING MAP GRANTING A SPECIAL USE PERMIT TO ALLOW AUTOMOBILE CELLS WITH THE ACCESSORY AUTOMOBILE SERVICE IN THE C3 COMMUNITY COMMERCIAL ZONING DISTRICT CONTINGENT ON APPROVAL OF THE CONCURRENT REZONING.

OUR PROPERTY GENERALLY LOCATED ALONG THE 31 300 BLOCK THROUGH DASH 31 400 BLOCK OF IH 10 CAD NUMBERS 1, 2 1 7 8 1 2 2 0 7 1 2, 1 8 3, AND 1 2 1 8 2.

REPEALING ALT ORDINANCE IN CONFLICT CONTAINING A SEVERANCE CLAUSE AND DECLARING AN EFFECTIVE DATE WITH THE STIPULATIONS.

YEAH.

CAN YOU, CAN YOU SCROLL BACK CHAZ, A COUPLE SLIDES.

GO BACK, GO BACK, GO BACK, GO BACK.

READ SECTION THREE WITH THE STIPULATION OF ITEM THREE.

ALL EXISTING SIGNAGE, INCLUDING THE POLE AND BILLBOARD SIGN SHALL BE REMOVED PRIOR TO THE ISSUING OF A SITE DEVELOPMENT PERMIT OR THE, THE O OCCUPANCY OCC.

YEAH.

NOT THE SITE DEVELOPMENT.

NOT THE SITE.

THE OCCUPANCY, YEAH, THE OCCUPANCY.

OKAY.

SECOND FROM COUNCILMAN MACALUSO AND THEN WAS FOUR HOW WE WANTED IT.

YEAH.

YEAH.

I MEAN FOR JUST READING THAT THE RIGHT TURN LANE, WE'RE NOT REQUIRING IT 'CAUSE THERE'S NO CHANGE.

RIGHT? YEAH.

SO WE'RE GOOD.

OKAY.

OKAY.

SECONDMENT FROM, DO WE NEED TO SPECIFY THE TIMEFRAME? NO, HE DIDN'T.

OKAY.

HE DID CERTIFICATE ON.

OKAY.

ALRIGHT.

SECOND FROM COUNCILMAN MACALUSO, PLEASE VOTE.

AND THAT MOTION PASSES FIVE REAR.

THANK YOU EVERYONE.

THANK YOU FOR THE APPLICANT FOR BEING HERE THIS EVENING.

MAYOR, MAY I MAKE QUICK COMMENT IF I MY ALLOWED YES SIR.

PLEASE.

TWO THINGS.

UM, ONE, I WANT TO, I WANNA THANK THE APPLICANT THAT I'VE WORKED WITH THEM AND THEY HAVE REALLY RESPONDED TO THE, TO THE ISSUES THAT WE'VE RAISED ABOUT THE, THE CITY.

I ALSO WANNA MAKE A PERSONAL COMMENT.

I KNOW PEOPLE, I GET, I GET, YOU KNOW, THE SIGN ISSUE COMES UP A LOT,

[00:30:01]

AND ALL WE'RE TRYING TO ACCOMPLISH, I KNOW I'M SAYING THIS PROBABLY DIDN'T, BUT NOBODY BUT HERE IS TO SOFTEN I 10 AS IT COMES THROUGH BERNIE, I KNOW WE CAN'T CONTROL I 10 IN SAN ANTONIO.

WE CAN'T CONTROL I 10 UP ABOVE US, BUT THROUGH BERNIE.

I DO NOT WANNA SEE IF I'VE, MY LEGACY IS NOTHING MORE THAN, THERE'S NO POLL SIGNS AND BILLBOARDS STRE ALONG I 10 AND BERNIE, I WOULD BE HAPPY.

SO THAT'S REALLY THE ONLY GOAL.

IT'S NOT TO PREVENT BUSINESSES FROM COMING HERE OR ANYTHING ELSE.

AND AGAIN, I WANNA THANK THE APPLICANTS FOR WORKING WITH THE CITY VERY MUCH.

ALRIGHT, THANK YOU DR.

MACUSA.

AGAIN, THANK YOU FOR THE APPLICANT FOR BEING HERE.

ALL RIGHT, MOVING ON TO AGENDA ITEM

[6.A. 2026-377 CONSIDER RESOLUTION NO. 2026-R53; A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOERNE, TEXAS, ADOPTING THE ARTIFICIAL INTELLIGENCE SYSTEMS CODE OF ETHICS ESTABLISHED BY THE TEXAS DEPARTMENT OF INFORMATION RESOURCES AT 1 TEXAS ADMINISTRATIVE CODE § 219.11, AS REQUIRED BY TEXAS GOVERNMENT CODE § 2054.702(C); DESIGNATING AN ARTIFICIAL INTELLIGENCE RISK OFFICER; DIRECTING IMPLEMENTATION; AND PROVIDING AN EFFECTIVE DATE.]

CONSIDER RESOLUTION NUMBER 2026 R 53, ADOPTING THE ARTIFICIAL INTELLIGENCE SYSTEMS CODE OF ETHICS ESTABLISHED BY THE TEXAS DEPARTMENT OF INFORMATION RESOURCES AT ONE TEXAS ADMINISTRATIVE CODE 2 1 9 0.11 AS REQUIRED BY TEXAS GOVERNMENT CODE 2 0 5 4 0.702 C DESIGNATING AN ARTIFICIAL INTELLIGENCE RISK OFFICER DIRECTING THE IMPLEMENTATION, UH, PRESENTING TO MIKE, ROWDY MIKE.

THANK YOU, MAYOR.

COUNSEL.

UM, WE'RE HERE TODAY TO ADOPT, UH, THE TEXAS AI SYSTEM CODE OF ETHICS.

UM, AND IT IS, UH, TIED TO OUR STRATEGY MAP, MAINLY THROUGH SAFETY AND SECURITY, BUT THE OTHER TWO ITEMS AS WELL.

UM, THIS ITEM, UH, DOES THREE THINGS TONIGHT.

IT ADOPTS THE CODE OF ETHICS FOR ARTIFICIAL INTELLIGENCE.

IT DESIGNATES AN AI RISK OFFICER AND AUTHORIZES CITY STAFF TO DO THE IMPLEMENTATION WORK OF PUTTING THE, UH, GUIDELINES IN PLACE AND SYSTEMS TOGETHER.

UM, THERE OF COURSE, UH, IN THIS CODE OF ETHICS, THERE'S NINE ETHICS PRINCIPLES AND, UH, BASICALLY GROUP TOGETHER.

UH, THEY TAKE CARE OF HUMAN IN HUMAN OVERSIGHT, UH, FAIRNESS, ACCURACY, READ, UH, READINESS AND TRANSPARENCY.

AND THEY ALSO PROTECT THE PUBLIC BY PRIVACY, ACCOUNTABILITY, EVALUATION AND DOCUMENTATION.

UH, AND THEY FORMALIZED PRACTICES OF GOOD GOVERN GOVERNANCE, WHICH, UH, THE CITY OF BERNIE CONTINUES TO WANT TO DO.

UM, WHY IS THIS REQUIRED? IT'S, UH, STATE LAW IS REQUIRING THIS VOTE.

UM, IT WAS BROUGHT BY BY SENATE BILL 1964 AND, UH, DIR RULE WHERE THE DIR, WHICH IS THE DEPARTMENT OF INFORMATION RESOURCES, UH, SET UP THE EMPLOYEE OR THE, UH, AI GUIDELINES, AND IT STRENGTHENS OUR, UH, 2026 AI EMPLOYEE GUIDELINES THAT STAFF FOLLOWS.

UM, SO, AND HOW DOES IT DO THAT? OF COURSE, WE ALREADY HAVE THE GUIDELINES IN PLACE THAT WERE SET THERE OF JUNE, AND THEN OF COURSE, WHAT YOUR, THE EMAIL THAT YOU GOT LAST WEEK.

AND THEN ON THE DS THERE IS THE UPDATED VERSION BECAUSE, UH, M**K AND TOAST LEGAL TEAM GOT US THEIR LATEST VERSION OF THE TEXAS MODEL CITY AI.

AND SO WE WANTED TO GET THAT IN THERE.

AND OF COURSE, IT'S, UH, THE AI IS, THE UPDATES ARE GONNA BE FORTHCOMING AS AI EVOLVES.

UH, SO THIS RESOLUTION, UH, WILL ADD, UH, IS THE FORMAL COUNSEL ADOPTION OF THE STATE CODE, AND IT'S THE AI RISK OFFICER WOULD BE MYSELF.

AND THEN THAT WOULD ALSO PUT IN PLACE THE THIRD THING TO DIRECTION FOR US TO INVENTORY THE HEIGHTENED SECURITY SYSTEM AND COMPLETE ASSESSMENTS, RISK ASSESSMENTS, AND THEN ALIGNMENT WITH PUBLIC NOTICE AND TRAINING DUTIES.

UH, AS YOU KNOW, WE DID THE CYBERSECURITY TRAINING.

THERE WAS AN AI ADDED ONTO THAT ALSO BY STATE LAW.

AND, UH, WHAT, WHAT WOULD THAT DO AS FAR AS THE IT DIRECTOR? I WOULD SET UP THE I INVENTORY ASSESS.

UH, THE PROCUREMENT WOULD STILL GO THROUGH THE SAME CHANNELS, UH, WORK WITH THE CER CITY ATTORNEY FOR THE PUBLIC FACING AND DECISION NOTICES.

UH, FOR INSTANCE, ON OUR CHAT BOT THAT'S ON THE WEBSITE RIGHT NOW, IF YOU INTERACT WITH THAT, IT LETS YOU KNOW THAT IT'S AN AI,

[00:35:01]

UH, SO THAT'S KIND OF HOW THAT WOULD WORK.

AND THEN WE WOULD CONTINUE TO SUPPORT THE DIR ANNUAL AI AWARENESS TRAINING AND RECOMMEND FURTHER UPDATES BASED ON OTHER POLICIES AND UPDATES FROM, UH, FOR THE ACCEPTABLE USE POLICY THAT STAFF USES.

UH, OF COURSE, THERE'S NO IMPLEMENTATION COST AND, UH, THE BIGGEST THING IS STAFF WOULD DO THE INVENTORY OF THE AI SYSTEMS. AND JUST SO WE'RE AWARE THAT THE LAW, THE LAW ENFORCEMENT CAVEAT, THE CIS AND DEPARTMENTAL RULES STILL APPLY IN ADDITION TO THIS RESOLUTION.

AND THIS CODE DOES NOT REPLACE THOSE CONTROLS.

AND IN EXHIBIT A, IF IT WERE TO EVER CHANGE, THE DIR CHANGES IT.

UH, THEY AMEND THE RULE, THE AMENDMENT TEXT CONTROLS WITHOUT ANOTHER COUNCIL VOTE.

SO, UH, WHAT WE RECOMMEND IS, UH, THE RESOLUTION AS PRESENTED.

AND IF YOU HAVE ANY QUESTIONS, I'M HERE.

GO AHEAD, DR.

MAGUS.

UM, JUST, JUST TO UPDATE US ON TWO THINGS.

THE CHAT BOT, IS IT, IS IT A LEARNING CHAT BOT THAT WE HAVE? UH, IT'S, IT DOES DO SOME LEARNING BASED ON THE QUESTIONS IT'S ASKED, BUT BASICALLY IT'S A WEB CRAWLER, SO ANYTHING THAT'S ON THE WEB THAT'S ALREADY THERE, IT'S A HEIGHTENED SEARCH ENGINE.

SO IT ANSWERS THE QUESTIONS BY THAT.

IF IT CAN'T ANSWER THE QUESTIONS, THEN IT WILL SEND IT INTO, THROUGH AN EMAIL AND SOMEONE WILL HELP IT LEARN OR HELP IT TO ANSWER THE CITIZEN QUESTION.

HAVE WE AUDITED THE ANSWERS TO MAKE SURE IT'S NOT CONFABULATING ANSWERS COMMUNICATIONS DOES AUDIT THE ANSWERS AND MAKE SURE THAT IT'S GIVING THE RIGHT ANSWERS.

SECOND THING IS, I DON'T KNOW EXACTLY HOW MANY COMPUTERS STAFF USES, BUT WE HAVE A, A, UM, PROVISION THAT STAFF SHOULD NOT BE ON GENERALLY AVAILABLE CHATBOT OR, OR, UH, AI SYSTEMS OF, YOU KNOW, CLAWED AND ALL THESE OTHER THINGS.

YOU KNOW, OPEN AI AND EVERYTHING ELSE.

SO THAT'S CORRECT.

THEY'RE NOT, THEY DO BREAK OUT AND THEY HAVE BROKEN OUT.

WELL, THEY CAN'T DOWNLOAD THEM.

OKAY.

THEY, THEY CAN USE THEM BECAUSE THEY'RE WEB-BASED, BUT AS FAR AS DOWNLOADING THE CONNECTORS AND STUFF LIKE THAT, THEY HAVE TO HAVE ADMIN RIGHTS, WHICH ONLY IT HAS.

UM, AND THE, THE, UH, CURRENTLY WE DO AS A CITY HAVE COPILOT LICENSE THROUGH MICROSOFT AND WE HAVE SOME CHAT GPT LICENSES.

OKAY.

JUST, I JUST KNOW THESE THINGS HAVE HAPPENED.

THERE WAS JUST ONE RECENTLY WHERE THEY WERE ONE OF THE CHA ONE OF THE, I A AI SYSTEMS STARTED ISSU TRYING TO GET PERMITS OR SOMETHING FOR SOMETHING FROM A CITY OR FROM SOME EN ENTITY ON ITS OWN.

LIKE, EVERYBODY'S LIKE, WHAT, WHAT'S THAT? SO, I MEAN, I JUST WANNA BE CAREFUL 'CAUSE I THINK THIS IS GONNA CONTINUE TO BE SOMETHING WE'RE GONNA USE AND WE'RE GONNA NEED TO USE, BUT WE GOTTA KEEP A CLOSE EYE ON IT BECAUSE YEAH.

AND WE, UH, BUDGETED THIS YEAR TO, UH, OF COURSE AS WE ALWAYS DO, BUT WE BUDGETED FOR, UH, MORE, UH, INTERNAL EXTERNAL CONTROLS AND THE FOR CYBERSECURITY AND CYBER PROTECTION.

AND WHAT WE DID WITH THAT THIS YEAR THAT WE FOCUSED ON THE AI.

SO IT, IT'S GOING TO NOT ONLY, UM, PREVENT US FROM PUTTING ANYTHING CONFIDENTIAL OR PERSONAL IDENTIFICATION INFORMATION INTO CHATBOTS OR INTO CHAT, GBT GR, CLAUDE, ALL OF THEM, IT, IT'S GONNA PREVENT THAT.

UH, AND THEN SO IT'S, IT'S GONNA HELP WITH THE CYBER OF GETTING DATA BREACH OR IF THERE WERE A DATA BREACH OR ANYTHING LIKE THAT.

OKAY.

I JUST WANT TO MAKE SURE WE'RE CAREFUL.

I KNOW WE ARE, BUT JUST AND THAT, THAT'S WHY WE'RE SUGGESTING THE IT BE THE RISK BECAUSE WE'RE PUTTING THOSE PARAMETERS AND THOSE GUARDRAILS IN ONE LAST THING, ARE WE EDUCATING OUR EMPLOYEE, OUR, OUR STAFF ABOUT THE RISK OF, OF JUST RANDOM REALLY USING THESE SYSTEMS? BECAUSE THEY, THEY, WE DON'T STILL KNOW, THE ENGINEERS DON'T KNOW HOW THEY WORK.

UH, WE ARE VERY MUCH SO, UH, IN FACT, UH, IF YOU REMEMBER, YOUR CYBERSECURITY TRAINING ALSO HAD AI AND, UH, THIS MONTH HAPPENS TO BE CYBERSECURITY WEEK OR MONTH WHERE WEEKLY WE WERE SENDING OUT EMAILS BASED ON, UH, THIS YEAR IT'S A MISSION IMPOSSIBLE WITH DIFFERENT AGENTS, A THEME THING.

AND, UH, IT IT'S ALSO PUTTING THOSE THINGS OUT THERE ABOUT THE AI.

SO YEAH, WE, WE AT EVERY TURN, AND, AND SOME OF US ARE, UH, GUNGHO STAFF

[00:40:01]

NOT AGAINST USING IT, I JUST WANNA MAKE SURE IT'S SAFE.

YES, SIR.

ME TOO.

ARE YOU FINDING THAT SOFTWARE VENDORS THAT WE ALREADY HAVE ARE ADDING AI COMPONENTS ON THE BACK END? ABSOLUTELY.

NOT NECESSARILY NOTIFYING YOU? ABSOLUTELY.

SO SOMETHING ELSE WE STARTED THIS YEAR IS A IT VENDOR QUESTIONNAIRE.

SO ANYTIME A NEW VENDOR COMES IN, WE'RE, WE'RE PUTTING THAT IN.

AND THEN OUR, UH, ONE OF OUR SECURITY MODELS THAT IT GOES UP AGAINST, UH, THROUGH RECON INFOSEC, WHO IS ONE OF OUR, UH, UH, MONITORS, THEY HELP US GO THROUGH THAT AND MAKE SURE THAT THE SOCK LAYERS AND THE AI AND THE HEIGHTENED SECURITIES THERE.

BUT YEAH, THEY HAVE TO TELL US UPFRONT BECAUSE ANOTHER THING THAT THIS GUIDELINE SETS, YOU HAVE TO LET THE PUBLIC KNOW IF, IF THE AI IS, UM, MAKING A DECISION, IF IT'S TALKING TO IT, IF WE WERE TO ADD AI TO OUR PHONE, IVR AND IT'S TALKING TO AN AI, IT HAS TO TELL YOU, HEY, I'M AN AI REPRESENTATIVE, HOW CAN I HELP YOU? OKAY.

ANY OTHER QUESTIONS? UH, NO.

UH, JUST A COMMENT.

UM, I, I DO THINK, UH, THAT THE ADDITIONAL COMPLIANCE AND, UH, POLICY IS GREAT.

I THINK THAT THE CONCERN IS THIS IS A VERY BIG RESPONSIBILITY FOR ONE PERSON TO BE LIKE THE COMPLIANCE OVERSIGHT PERSON TO CATCH ALL THESE THINGS.

I THINK THE UNKNOWN IS WHAT THE CONCERN IS, COUNCILMAN AL'S POINT.

AND SO, UM, AS THIS KIND OF UNPACKS ITSELF OVER TIME AND MORE NAYSAYERS BECOME ADOPTERS AND IT BECOMES MORE PREVALENT AND BACK IN THIRD PARTY COMPANIES FIND WAYS TO USE IT OUTSIDE OF WHAT THEY SIGNED UP FOR, I THINK IT'S GONNA BE SOMETHING THAT'S GONNA BE DIFFICULT TO POLICE AND SOMETHING WE NEED TO KEEP AN EYE ON.

YEAH, THAT WAS MY, THAT WAS MY QUESTION TOO, IS MAYBE AT SOME POINT WE LOOK AT DESIGNATING OUT SOMEBODY, SOMEONE ELSE FOR A SECOND PERSON IN THE IT DEPARTMENT.

MY, MY ONLY QUESTIONS, AND, AND, AND THIS IS JUST KIND OF OUT THERE, BUT I'M GONNA SAY IT ANYWAYS, RIGHT? IT'S CODE OF ETHICS, RIGHT? YOU KNOW, MAKING SURE EVERYTHING WE'RE DOING IS ETHICAL.

UM, WHAT SAFEGUARDS DO WE HAVE IN THERE? 'CAUSE YOU CAN GO IN AI AND SAY, I WANNA WRITE A CODE OF ETHICS THAT SAYS THIS, THIS, THIS, AND THIS, AND THEN IT, IT ADOPTS IT.

MM-HMM .

RIGHT? SO WHAT PARAMETERS DO WE HAVE TO SIT THERE AND SAY, IT DOESN'T GO IN THERE AND REWRITE ITS OWN CODE OF ETHICS? WELL, TH THIS IS WRITTEN BY THE TEXAS DEPARTMENT OF INFORMATION RESOURCES.

WE DIDN'T WRITE THIS.

I, I, I UNDERSTAND THAT.

I, I'M, WHAT I'M, WHAT I'M TRYING TO SAY IS, YOU KNOW, I MEAN YOU COULD, SOMEONE CAN GO IN THERE.

ANYBODY, YOU COULD GO IN THERE AND SIT THERE AND SAY, I THINK THESE ARE THE STANDARDS THAT WE WANT FOR ETHICS.

RIGHT? WHAT YOU CAN AND CAN'T PUT OUT THERE TO STAFF OR, OR SO.

AND SO HOW DO, HOW DO, WHAT SAFEGUARDS DO WE HAVE A PLACE THAT DOESN'T START WRITING ITS OWN CODE? SO MAYOR, LET ME JUST ADD A COUPLE THINGS THAT YOU'RE, YOU KNOW, YOU'RE ON TO SOMETHING THAT POTENTIALLY COULD BE THERE, UH, TO YOUR QUESTION ABOUT, UM, SOMEONE ELSE BESIDES IT.

'CAUSE IT'S A LOT, A LOT OF TIMES IN OUR, UH, CHARTER AND OUR LOCAL GOVERNMENT CODE, OUR ORDINANCES, IT SAYS THE CITY MANAGER'S, THE PERSON FOR THIS.

I HAVE DESIGNEES, THE PLANNING DIRECTOR HELPS ASSIST IN THIS POLICE CHIEF AND, AND CERTAIN THINGS.

AND SO, SO THIS IS A CONVERSATION WE HAVE AT THE LEADERSHIP TEAM LEVEL A LOT.

AND AS DIRECTOR ROWDY SAID, UM, THERE'S PROBABLY GONNA BE MORE UPDATES AS WE LEARN MORE AND AS THINGS EVOLVE, YOU CAN'T GO TO A, A CITY CONFERENCE INTERNATIONALLY, NATIONALLY, STATE, WHERE THERE'S NOT HALF A DOZEN SESSIONS ALL ABOUT AI.

IT'S SOMETHING WE'RE CONSTANTLY WATCHING AND MONITORING AND, AND I'M SURE THERE'LL BE MORE LEGISLATION IN THIS NEXT SESSION ABOUT IT.

SO, SO ALL OF YOUR POINTS ARE, UH, FAIR AND UM, SOMETHING WILL BE JUST MONITORING AND BRINGING BACK TO YOU IF WE SEE A NEED.

AND IF YOU GUYS HAVE A CONCERN OR SEE SOMETHING HERE, HEAR ABOUT SOMETHING, UM, YOU KNOW, BRING THAT TO OUR ATTENTION AND WE'LL MAKE SURE WE'RE ON TOP OF IT.

WE'RE JUST GONNA HAVE TO, THIS IS GONNA BE A NEW, NEW ENVIRONMENT FOR US TO HAVE TO OPERATE IN AND, AND JUST, UH, BE ON TOP OF.

OKAY? YEAH, NO PROBLEM.

THANKS.

MM-HMM .

ALRIGHT.

ANY QUESTIONS? ANY MOTION? COUNCILMAN BUNKER THEN? YEAH, I MOVE.

WE APPROVE RESOLUTION NUMBER 2026 R 53, A RESOLUTION FOR THE CITY OF BURN TEXAS, ADOPTING THE ARTIFICIAL INTELLIGENCE SYSTEM CODE OF ETHICS ESTABLISHED BY THE TEXAS DEPARTMENT OF INFORMATION RESOURCES AT THE ONE TEXAS ADMINISTRATION CODE NUMBER TWO 19 POINT 11 AS REQUIRED BY THE TEXAS GOVERNMENT.