May 11, 2021 City Council

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>>> GOOD EVENING. IT'S 6:00 P.M., MAY 11, 2021.

I CALL THIS SESSION OF THE CITY COUNCIL TO ORDER.

JUSTIN, IF YOU'LL LEAD US IN INVOCATION.

>> YEAH, IF YOU WOULD PRAY WITH ME.

FATHER GOD, WE COME BEFORE YOU THIS EVENING, LORD, AND THANK YOU FOR ALL THAT YOU'RE DOING IN OUR COMMUNITY.

WE JUST ACKNOWLEDGE YOUR BLESSINGS ON THIS COMMUNITY.

I PRAY THAT YOU WOULD CONTINUE TO POUR THEM OUT.

LORD, I THANK YOU FOR EVERY PERSON, EVERY MAN, WOMAN, AND CHILD FROM CONCEPTION UNTIL THOSE THAT ARE IN THEIR LAST DAYS. LORD WE THANK YOU FOR EVERY CITIZEN OF MIDLOTHIAN IN THIS COMMUNITY.

GOD, I PRAY THAT TONIGHT WOULD BE A GOOD NIGHT FOR ALL OF OUR FIRST RESPONDERS, I THANK YOU FOR OUR FIRE DEPARTMENT, OUR POLICE DEPARTMENT, ALL OF THOSE THAT SERVE OUR CITY SO DILIGENTLY. LORD, WE THANK YOU FOR THEIR SACRIFICIAL MENTALITY, LORD, SERVING THEIR COMMUNITIES TOWARDS SERVING THE CITIZENS OF MIDLOTHIAN.

WE THANK YOU FOR OUR SCHOOL DISTRICT, OUR SCHOOL DISTRICT LEADERSHIP. I PRAY THAT YOU WOULD JUST CONTINUE TO GUIDE THEM AND I PRAY FINALLY LORD, THAT YOU WOULD GUIDE THIS CITY COUNCIL AS WE ATTEMPT TO MAKE DECISIONS FOR THIS COMMUNITY THAT WOULD REFLECT WHAT YOU WOULD HAVE FOR OUR CITY. LORD WE PRAY ALL OF THESE THINGS AND GIVE THIS EVENING TO YOU. IN JESUS NAME, AMEN.

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>>> WHEREAS THE TEAM ENTERED THE 2021 CLASS 4A CHAMPIONSHIP GAME WITH A RECORD OF 27 WINS AND ONE LOSS.

THERE YOU GO. SUCH A GREAT TEAM.

ASSISTANT COACHES TAMMY FLOYD. AND NOW THEREFORE ON BEHALF OF THE CITY COUNCIL AND THE CITIZENS OF THE CITY OF MIDLOTHIAN, TEXAS, I RICHARD RENO, MAYOR IN RECOGNITION OF THE TEAM'S OUTSTANDING PERFORMANCE AND DEDICATION DO HEREBY PROCLAIM MAY 11, 2021, AS HERITAGE JAGUAR GIRLS SOCCER

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DO YOU WANT TO SAY SOMETHING? >> OH NO.

>> OH PHOTOS. OUR TWO BOYS AND OUR DAUGHTER PLAYED SOCCER HERE. THEY DID WELL, THEY WENT A COUPLE ROUNDS IN THE PLAYOFFS, BUT GIRLS COULDN'T GET PAST LAKE HIGHLANDS, IT WAS PRETTY TOUGH. AND THE BOYS GOT STUCK OUT IN

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AND WHEREAS THE MOTORCYCLE SAFETY AWARENESS CAMPAIGN IS INTENDED TO REDUCE THE NUMBER OF ACCIDENTS, INJURIES, AND FATALITIES ASSOCIATED WITH MOTORCYCLING, I ENCOURAGE THE MOTORCYCLE OPERATORS TO PARTICIPATE IN THE RIDER EDUCATION PROGRAMS, WEAR THE PROPER APPAREL, TO NOT DRINK AND DRIVE, AND TO OPERATE THEIR VEHICLES DEFENSIVELY AND ACCORDING TO THE ROAD. AND WHEREAS IT IS THE RESPONSIBILITY OF ALL WHO PUT THEMSELVES BEHIND THE WHEEL TO BECOME AWARE OF THE MOTORCYCLISTS REGARDING THEM WITH THE SAME RESPECT AS ANY OTHER VEHICLE TRAVELING THE HIGHWAY IN THIS COUNTRY. NOW THEREFORE I, RICHARD RENO, MAYOR OF THE CITY OF MIDLOTHIAN, DO HERE PROCLAIM THE MONTH OF MAY AS MOTORCYCLE SAFETY MONTH IN THE CITY OF MIDLOTHIAN AND ENCOURAGE ALL CITIZENS IN OUR COMMUNITY TO RECOGNIZE MOTORCYCLE SAFETY AND REGARD MOTORCYCLISTS WITH THE SAFETY THEY DESERVE ON OUR ROADWAY. DATED THIS 11TH DAY OF MAY, 2021.

YOU WANT TO SAY SOMETHING? >> YEAH.

EVERY YEAR SECOND SUNDAY IN DECEMBER WE PUT ON THE ELLIS COUNTY TOY RUN. THIS TOY RUN BENEFITS THE CHILDREN, THE SENIOR CITIZENS, AND ALL OF THE CITIZENS OF MIDLOTHIAN. AND WE'D BE REAL HAPPY TO HAVE Y'ALL OUT THE 2ND SUNDAY OF DECEMBER.

AND WHAT WE DO IS WE GO TWO YEARS TO ENNIS, TWO YEARS TO MIDLOTHIAN, AND TWO YEARS TO WAXAHACHIE.

THE MONEY WE RAISE GOES TO THE SENIOR CITIZENS, THE TOYS GO TO

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IF Y'ALL COULD BE OUT AND HELP US, WE APPRECIATE IT.

AS FAR AS SAFETY AND AWARENESS GOES, WE TRY TO RIDE SAFE AND BE AWARE OF THE MOTORCYCLES AND WE'LL WATCH FOR Y'ALL.

THANK YOU. >> HOW MANY BIKERS DO YOU HAVE

USUALLY? >> HOW MANY WHAT?

>> RIDERS DO YOU HAVE? >> WE'VE HAD ANYWHERE FROM 7 TO

1600. >> 1600.

>> DEPENDING ON THE WEATHER. >> WHEN WE FIRST CAME OUT HERE THERE WAS ABOUT 40 OR 50 THAT WOULD SHOW UP.

>> THANK Y'ALL. >> ONE MORE COMMENT PLEASE.

THIS WEEK WE ARE HONORING OUR NATION'S PEACE OFFICERS.

PRESIDENT KENNEDY SIGNED THE NATIONAL PEACE OFFICER DAY INTO LAW OCTOBER 1, 1962. OVER THE YEARS THE WEEK OF MAY 11TH HAS BEEN RECOGNIZED AS NATIONAL POLICE WEEK.

IN HONOR OF THE 2021 POLICE WEEK, THE MIDLOTHIAN POLICE DEPARTMENT HELD A CEREMONY TODAY HONORING OUR FALLEN POLICE OFFICERS. MIDLOTHIAN HAS UNFORTUNATELY OR FORTUNATELY, DEPENDS ON HOW YOU VIEW IT, HAD ONLY THREE OFFICERS IN THE LINE OF DUTY KILLED IN OUR LONG HISTORY.

THEY WERE CITY MARSHALL CLARK BLAIR IN 1916.

PATROLMAN GEORGE WILLIAM RATCLIFF.

OFFICER HEATHER TERRACE IN 2014. WE HONOR THEIR MEMORY FOR GIVING THE ULTIMATE SACRIFICE. AND WE ALSO HONOR ALL OUR MEN AND WOMEN IN BLUE FOR PUTTING SERVICE ABOVE SELF.

I WOULD LIKE TO COMMENT THAT ON THE BOND ELECTION THE CITY VOTED STRONGLY FOR OUR NEW CENTER. CHIEF, THANK YOU MUCH.

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IN PLACE 5 JUSTIN COFFMAN RUN UNOPPOSED RECEIVED 2,640 VOTES WITH NO OTHER VOTES CAST. IN PLACE 6 COUNCILMAN HUD HARTSON HAS RETURNED TO US. HE RECEIVED 2,648 VOTES.

TIFFANY ROBINSON RECEIVED 1,186 VOTES AND ALAN WARMAN RECEIVED 679 VOTES. SO COUNCILMAN HARTSONS WITH RE-ELECTED. IN THE BOND ELECTION, PROPOSITION A FOR THE SAFETY CENTER POLICE STATION, 3,445 VOTES, AGAINST 1,841 VOTES. PROPOSITION B FOR THE JOINT LIBRARY CITY HALL FOR 2,793 VOTES.

AGAINST 2,070 VOTES. PROPOSITION C FOR THE REC CENTER, FOR 2,621 VOTES. AGAINST 2,238 VOTES.

PROPOSITION D FOR ROADS FOR 3,407.

AGAINST 1,451. THOSE ARE YOUR CERTIFIED VOTES FOR THE MAY 1ST ELECTION. ITEM 2021-218 ADMINISTER THE

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JUSTIN AND HUD. >> I, JUSTIN COFFMAN, DO SOLEMNLY SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF CITY OF MIDLOTHIAN COUNCILMEMBER PLACE 5 TO THE STATE OF TEXAS AND WILL TO THE BEST OF MY ABILITY PRESERVE,

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SWEAR THAT I WILL FAITHFULLY EXECUTE THE DUTIES OF THE OFFICE OF CITY OF MIDLOTHIAN COUNCILMEMBER PLACE 6 OF THE STATE OF TEXAS, AND WILL TO THE BEST OF MY ABILITY, PRESERVE, PROTECT, AND DEFEND, THE CONSTITUTION AND LAWS OF THE UNITED STATES AND OF THIS STATE SO HELP ME GOD.

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>> MAYOR, I'D LIKE TO SPEAK UP BEFORE WE START.

IT'S BEEN A GREAT HONOR OF MINE TO SERVE AS THE MAYOR PRO TEM FOR THE PAST TWO YEARS. IT'S A POSITION THAT I HAVEN'T TAKEN LIGHTLY AND I APPRECIATE THE TRUST THAT THE COUNCIL HAS SHOWN IN ME TO SERVE IN THAT ROLE.

I DO BELIEVE THAT IT'S APPROPRIATE TO KIND OF PASS THE TITLE AROUND TO GIVE OTHERS A CHANCE TO LEAD AND SO I WOULD LIKE TO LEAD WITH AN OPEN HAND SO TO SPEAK AND GIVE THE OPPORTUNITY TO SOMEBODY ELSE. SO IF YOU'LL ACCEPT A MOTION I'D

LIKE TO MAKE ONE. >> ACCEPT A MOTION.

>> I'D LIKE TO MAKE A MOTION THAT TED MILLER SERVE AS MAYOR PRO TEM FOR OUR NEXT CALENDAR YEAR.

>> SECOND. >> THE ITEM PASSES 5-1.

I WANT TO NOTE THAT COUNCILMAN WAYNE SIBLEY WILL NOT BE WITH US HERE TONIGHT. THOUGH HE HAS HAD COVID, HE APPARENTLY HAS HAD IT AGAIN. PROBABLY A FALSE POSITIVE, BUT HE WON'T BE WITH US HERE TONIGHT.

Y'ALL KEEP HIM IN YOUR PRAYERS. ITEM 2021-220 CITIZENS TO BE

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NAME. >> LAURA, I'M A RESIDENT OF THE CITY. I REPRESENT THE MIDLOTHIAN CHAMBER OF COMMERCE. AS YOU KNOW ON MAY 1ST WAS A BUSY DAY WITH THE ELECTION AND THE WINE AND ARTS FESTIVAL.

THE EVENT WAS VERY SUCCESSFUL. AND I WANTED TO SPEAK WITH YOU ON BEHALF OF THE CHAMBER OF COMMERCE FOR THE CITY TO THANK YOU FOR THE SUPPORT OF THIS EVENT.

YOU ENCOURAGED US TO GO FORWARD WITH THE EVENT PLANNING IN SPITE OF A PANDEMIC HAPPENING FOR AN OPTIMISTIC EYE WITH THINGS BEING WELL IMPROVED ENOUGH FOR MAY 1ST THAT WE COULD GO AHEAD.

INDEED THE WEATHER HELD OFF. AND WE ESTIMATE APPROXIMATELY 6,000 PEOPLE FROM THE COMMUNITY AND OUTSIDE THE COMMUNITY ATTENDED THE EVENT. IT WAS EXTREMELY SUCCESSFUL AND THE GENERAL PUBLIC SEEMED TO HAVE A GOOD TIME.

AND WE COULD NOT HAVE DONE IT WITHOUT THE ASSISTANCE OF THE CITY. YOU ALLOW US TO CLOSE THE STREETS, YOU HELP US PROVIDE BARRICADES AND MANY OTHER AREAS OF ASSISTANCE. AND WE THINK THIS IS A TREMENDOUS COMMUNITY EVENT AND WE THANK YOU FOR YOUR SUPPORT.

>> THANK YOU. JANE.

ARE YOU LAURA? >> YES, I'M LAURA HUNT.

I'M AT 2941 AMERICAN SPARROW DRIVE.

>> OKAY. IF YOU'D LIKE YOU CAN REMOVE

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>> OKAY. GOOD EVENING AND THANK YOU FOR THE OPPORTUNITY TO SPEAK TONIGHT.

AS YOU MAY ALREADY KNOW HOLCIM'S PERMIT TO INCREASE THEIR POLLUTION WAS RECENTLY APPROVED DESPITE OVER 400 PUBLIC COMMENTS FROM LOCAL CITIZENS WHO OPPOSED IT AND ABOUT 30 REQUESTS FOR CONTESTED CASE HEARINGS THAT WERE ALL DENIED BY TCEQ.

GIVEN TCEQ'S LONGSTANDING HISTORY OF FAVORING INDUSTRY OVER CITIZENS, WE KNEW THE ODDS WERE AGAINST US, BUT WE COULDN'T STAND BY AND LET HOLCIM DO THIS TO OUR FAMILIES WITHOUT MAKING EVERY EFFORT TO STOP IT. NOW THE PERMITTING PROCESS HAS ENDED AND HOLCIM CAN BURN 100% DIRTY UNLEADED WHILE RESIDENTS SERVE AS THE GUINEA PIGS. THIS MEANS WE MUST SHIFT FROM OFFENSE TO DEFENSE. OUR BEST MEANS OF DEFENSE IS COMMUNITY AWARENESS AND TRANSPARENCY BY BUILDING A ROBUST AIR MONITORING NETWORK. AS YOU CAN SEE HERE BEHIND ME ON THIS ENGINEER DESIGN GRID MAP, WE WILL NEED 22 TOTAL STRATEGICALLY PLACED MONITORS TO ADEQUATELY CAPTURE EMISSIONS FROM ALL OF OUR SOURCE OF INDUSTRIAL PLACED POLLUTIONS AT ALL TIMES REGARDLESS OF WIND DIRECTION.

WE ARE READY TO ADD SIX NEW MONITORS TO THE SEVEN ALREADY IN USE BY CONCERNED CITIZENS. THESE MONITORS WILL SERVE AS A CRITICAL SUPPLEMENT TO THE CURRENTLY LIMITED MONITORING DONE BY TCEQ'S SINGLE MONITOR IN THE OPPOSITE DIRECTION OF THE WIND STREAM AS WELL AS OUR LACK OF PUBLIC ACCESS TO THE ON SITE MONITORING DATA FROM THE PLANTS. THROUGH CONVERSATIONS WITH SEVERAL OF YOU, WE KNOW THAT THE HEALTH AND SAFETY OF OUR CITIZENS IS FIRST AND FOREMOST. MIDLOTHIAN BREATHE RECOGNIZES THE NEED TO PARTNER WITH THE CITY TO MEET OUR GOAL OF CITY WIDE AWARENESS OF AIR QUALITY AND POLLUTION SOURCES.

THAT BEING SAID WE WOULD LIKE TO OFFER THE FIRST OF THESE NEWEST MONITORS TO THE CITY OF MIDLOTHIAN.

AS YOU CAN SEE HERE IT'S VERY SMALL, FITS IN THE PALM OF YOUR HAND. ALL THEY REQUIRE IS A STANDARD OUTLET AND WIFI CONNECTION TO OPERATE.

WE'RE HAPPY TO TAKE CARE OF INSTALLATION AND MAINTENANCE AT NO COST TO THE CITY. WHILE THE LOCATION OF THE MONITOR IS OF COURSE UP TO YOU, WE FEEL THAT MIDLOTHIAN'S COMMUNITY PARK WOULD BE THE IDEAL LOCATION.

OTHER SUBURBS IN THE DFW AREA SUCH AS DENTON AND PLANO ARE ALREADY PARTNERING WITH RESEARCH GROUPS AND LOCAL ORGANIZATIONS SUCH AS OURS TO UTILIZE PURPLE AIR MONITORS AS A MEANS OF IDENTIFYING AND SHARING AIR QUALITY AT A HYPER LOCAL LEVEL.

GIVEN HOW MIDLOTHIAN CEMENT PLANTS DOMINATE OUR LANDSCAPE, WE BELIEVE A STRONG LOCAL MONITORING NETWORK IS SOMETHING OUR CITY PARTICULARLY NEEDS TO COMPETE WITH OTHER SUBURBS THAT DON'T HAVE THE CONSTANT PHYSICAL PRESENCE OF THESE POLLUTION SOURCES. FUTURE HOME BUYERS WILL NO DOUBT APPRECIATE THE CITY'S EXTRA COMMITMENT TO AIR MONITORING TO DEMONSTRATE THE PRIORITY OF PROTECTING RESIDENTS HEALTH AND SAFETY. IN CONCLUSION, I HAVE ONE ASK OF COUNCIL MEMBERS AND MAYOR RENO THIS EVENING, WILL YOU ACCEPT OUR GIFT OF THIS PURPLE AIR MONITOR AND ASSUME THE RESPONSIBILITY NEEDED TO PUT THIS VALUABLE RESOURCE TO GOOD

USE? >> WE CAN'T COMMENT.

OKAY. BUT CLYDE, WOULD YOU TAKE THE

BASKET, PLEASE. >> WE HAVE A CARD ON THERE WITH

OUR CONTACT INFORMATION. >> OKAY.

THANK YOU. WE ARE NOT ALLOWED TO COMMENT ON THINGS THAT WEREN'T POSTED ON THE AGENDA.

BUT THANK YOU VERY MUCH. DOES ANYBODY ELSE WANT TO SPEAK

OVER THERE? >> HI, MY NAME IS JANE.

I LIVE HERE IN MIDLOTHIAN. I RECENTLY READ SOME NEWS ABOUT HOLCIM, IN THE COMMUNITY THAT WAS PRODUCED BY THE MIDLOTHIAN CHAMBER OF COMMERCE AND THAT WAS PROBABLY ABOUT A MONTH OR SO AGO. ANYWAY IN THE ARTICLE HOLCIM SAYS THAT THE HEALTH AND SAFETY OF OUR COMMUNITY IS A TOP PRIORITY AND IN FACT AS YOU CAN SEE HERE ARE THE EXACT WORDS, WE CREATED THE COMMUNITY ADVISORY COMMITTEE WHICH INCLUDES REPRESENTATIVES FROM THE CITY, SCHOOL DISTRICT, ENVIRONMENTAL GROUPS, AS WELL AS CITY LEADERS AND AREA RESIDENTS TO IMPROVE AND PROMOTE COMMUNICATION BETWEEN OUR OPERATIONS AND THOSE WHO CALL MIDLOTHIAN HOME. OUR MIDLOTHIAN BREATHE MEMBERS HAVE MADE INQUIRIES BUT HAVEN'T BEEN ABLE TO FIND ANYONE WHO IS AN ACTUAL MEMBER OF THIS COMMITTEE.

BECAUSE REPRESENTATIVES FROM THE CITY ARE MENTIONED IN THIS ARTICLE WE WANTED TO GET YOUR HELP IN ARRANGING A MEETING WITH

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MIDLOTHIAN BREATHE CONSISTS OF A WIDE RANGE OF RESIDENTS INCLUDING DOCTORS, BUSINESS ANALYSTS, COMMUNICATORS, PUBLIC HEALTH PROFESSIONALS, NURSES, TEACHERS, FITNESS INSTRUCTORS, RETIREES, MOMS, DADS, SPOUSES, ALL OF WHOM CALL MIDLOTHIAN HOME AND HAD VERY VALID AND SCIENTIFICALLY BACKED CONCERNS ABOUT LOCAL AIR QUALITY. THE BEST WAY TO SHOW THAT THE HEALTH AND SAFETY OF THE COMMUNITY IS A TOP PRIORITY IS FOR EVERYONE TO LISTEN TO EACH OTHER, TO TRY TO UNDERSTAND ONE ANOTHER, AND TO WORK TOGETHER. WE HOPE THE CITY REPRESENTATIVES MENTIONED WILL ENCOURAGE DIALOGUE BETWEEN OUR GROUP AND HOLCIM'S ADVISORY COMMITTEE. WE'RE REALLY HAPPY THAT HOLCIM SAYS THEY WANT TO IMPROVE AND PROMOTE COMMUNICATION, BUT WE'LL BE EVEN HAPPIER IF THIS ACTUALLY HAPPENS.

THANK YOU FOR THE HELP YOU CAN GIVE US.

>> THANK YOU. JANETTE UNDERWOOD.

NAME AND WHO YOU'RE WITH. >> YES, SIR.

MY NAME IS JANETTE UNDERWOOD, I'M THE DEAN OF THE MIDLOTHIAN CAMPUS AND THE ENTIRE CAMPUS. I AM HAPPY TO ANNOUNCE THAT WE WILL STARTING AN LVN, THAT'S LICENSED VOCATIONAL NURSING PROGRAM ON THE MIDLOTHIAN CAMPUS IN FALL 2021.

WE HAVE 30 SPOTS AND THEY'RE ALREADY FILLED.

YAY. SO WE WILL BE FIXING UP ALL OF OUR CLASSROOMS TO BE THE LAB WHICH WILL HAVE THE BEDS AND THE MONITORS AND ALL OF THOSE THINGS THAT THEY NEED TO BECOME LICENSED VOCATIONAL NURSES. AFTER THE ONE YEAR PROGRAM, THEY WILL GRADUATE AND BE ABLE TO APPLY TO OUR BRIDGE PROGRAM TO GET THEIR ADN OR GO INTO THE WORKFORCE.

SO IT'S A GREAT PROGRAM. AS SOON AS EVERYTHING IS READY TO GO WE'LL BE GIVING MONTHLY TOURS.

WE ALREADY HAVE ONE PLANNED FOR MAY 28TH.

SO WE WOULD LOVE FOR YOU ALL TO COME AT 9:00 A.M. ON MAY 28TH AND WE WILL SEND OUT MORE ANNOUNCEMENTS ABOUT THAT.

THANK YOU. >> NEXT ITEM IS THE CONSENT

[CONSENT AGENDA]

DO I HAVE A MOTION? >> MOVE TO APPROVE.

>> SECOND. >> A MOTION AND SECOND.

PLEASE VOTE. CONSENT AGENDA IS APPROVED 6-0.

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>> THANK YOU. GOING THROUGH OUR SUBDIVISION REGULATIONS AND OUR ZONING REGULATIONS AND AT TIMES WE DO FIND WHERE THERE'S DIFFERENT SECTIONS OF CODE WHERE THEY CONTRADICT ONE ANOTHER. THIS IS ONE OF THOSE AREAS IN SECTION 6.11 STREET STANDARDS. I MENTIONED THE RIGHT-OF-WAY BEING 60 FEET, EVERYWHERE ELSE IT'S 50 FEET.

SO WE'RE JUST CORRECTING THAT TO MAKE IT OFFICIAL.

SO STAFF DOES RECOMMEND APPROVAL.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> DO YOU HAVE QUESTIONS? >> MOVE TO APPROVE.

>> A MOTION TO CLOSE? >> CLOSE.

>> SECOND. >> PLEASE VOTE.

ITEM IS CLOSED. 6-0.

IS THERE ANY DISCUSSION OR CAN WE HAVE A MOTION PLEASE?

>> I'LL MAKE A MOTION TO APPROVE AS PRESENTED.

>> SECOND. >> PLEASE VOTE.

ITEM PASSES 6-0. ITEM 2021-225 HAS BEEN WITHDRAWN

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>> THANK YOU, MAYOR. THIS PROPERTY IS AT THE INTERSECTION OF AVENUE E AND 9TH STREET.

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THEY ARE LOOKING TO EXPAND THE USE TO INCLUDE MINOR SERVICE REPAIRS. THIS INCLUDES OIL CHANGES, TUNE UPS AS WELL AS BRAKES, ELECTRICAL SERVICES, AND OTHER SERVICES THAT CAN TYPICALLY BE COMPLETED WITHIN A ONE DAY TIMEFRAME. IT SHOULD NOT REQUIRE VEHICLES TO REMAIN OVERNIGHT. IT'S IN THE COMMERCIAL DISTRICT ADJACENT TO OUR NORTH 8TH STREET DISTRICT AS WELL AS OUR CENTRAL BUSINESS DISTRICT. IN ADDITION TO MINOR REPAIRS, THE APPLICANT IS PROPOSING MULTI OR DIMENSIONAL LETTERING OF WOOD MATERIAL FOR SIGNAGE. SIGNAGE HAS ALSO BEEN PAINTED ON THE SIDE OF THE BUILDING. THIS WAS DONE WITHOUT A PERMIT BUT A PERMIT HAS SINCE BEEN SUBMITTED TO THE CITY.

STAFF RECOMMENDS ALL SIGNAGE ARE IN ACCORDANCE WITH OUR CURRENT STANDARDS. PER OUR ORDINANCE OUTDOOR SALES, DISPLAY, AND STORAGE IS LIMITED AND NOT ALLOWED WITHIN THE COMMERCIAL DISTRICT. STAFF IS RECOMMENDING NO MATERIALS BE STORED ON THE OUTSIDE OR THE EXTERIOR OF THIS BUILDING. THE SITE DOES NOT HAVE ANY DEFINED PARKING AREA. MOST OF THE PROPERTY IS UNIMPROVED, IT DOES CONTAIN ROCK AND GRAVEL MATERIAL AND NO IMPROVEMENTS ARE PLANNED AT THIS PARTICULAR TIME.

13 LETTERS TO PROPERTY OWNERS WERE MAILED, TO DATE STAFF HAS NOT RECEIVED ANY RESPONSES FROM THESE OWNERS.

SO AS STAFF WE DID LOOK AT OUR DOWNTOWN MASTER PLAN THAT WAS APPROVED BACK IN JUNE OF 2020 AS WELL AS OUR CURRENT COMPREHENSIVE PLAN. BOTH OF THESE PLANS HELP GUIDE OUR DECISION MAKING AND STAFF HAS DETERMINED THIS REQUEST IS NOT CONSISTENT WITH THE VISION OF THAT DOWNTOWN PLAN OR OUR COMPREHENSIVE PLAN. ON APRIL 20TH, THE PLANNING AND ZONING COMMISSION VOTED UNANIMOUSLY TO DENY THIS SGP REQUEST. BUT IF THIS REQUEST IS APPROVED, STAFF WOULD RECOMMEND CERTAIN CONDITIONS APPLY.

NOW THAT IS LISTED IN YOUR STAFF REPORT, THOSE CONDITIONS.

AND I'LL JUST GO THROUGH THAT LIST REAL QUICK THAT THERE WOULD BE NO OVERNIGHT STORAGE OF VEHICLES, THAT THIS BE LIMITED TO TIRE SALES, TIRE REPAIRS, OIL CHANGES, AND STATE INSPECTIONS.

SIGNAGE MUST ADHERE TO OUR CURRENT STANDARDS AND ALL OUTDOOR STORAGE AND DISPLAY IS PROHIBITED.

IN ADDITION TO THAT, WE DID INCLUDE ONE ADDITIONAL CONDITION REGARDING THE IMPROVEMENTS OF CONCRETE AREAS FOR PARKING AREAS AND QUEUEING AREAS. AND WITH THAT, I CAN TAKE ANY

QUESTIONS YOU MAY HAVE. >> WHAT WERE P&Z'S OBJECTIONS TO

THE REQUEST? >> THEY FOLLOWED ALONG WITH THE DOWNTOWN MASTER PLAN AS WELL AND THE COMPREHENSIVE PLAN.

SO BECAUSE OF THE INCONSISTENCY OR THE NOT BEING CONFORMING TO THAT, THEY ULTIMATELY RECOMMENDED DENIAL.

>> DID THEY RECOMMEND ANY REMEDIAL ACTIONS OR JUST A FLAT

DENIAL? >> A FLAT DENIAL, SIR.

THE SAME CONDITIONS PRESENTED TO THIS COUNCIL WERE PRESENTED TO

THEM AS WELL. >> JUST SO WE ARE ALL AWARE, WHAT DOES THE DOWNTOWN MASTER PLAN CALL FOR?

>> SURE. I THINK I TOUCH A LITTLE BIT ON THAT IN THE STAFF REPORT, BUT THE DOWNTOWN MASTER PLAN IS LOOKING FOR WHEN WE'RE LOOKING TO EXPAND USES OR FOR INSTANCE IN THIS PARTICULAR CASE, OBVIOUSLY THIS IS A LEGAL NONCONFORMING USE, MEANING THAT IT'S LEGAL IT JUST DOESN'T CONFORM TO ANY OF OUR CURRENT STANDARDS.

NORMALLY YOU WOULDN'T BE ABLE TO SEE A TIRE REPAIR SHOP IN A COMMERCIAL DISTRICT. THE DOWNTOWN MASTER PLAN IS LOOKING FOR MORE ENTERTAINMENT, HOUSE OF REPRESENTATIVES RETAIL, MORE OFFICE USE, THEY WANT TO SEE MORE PEDESTRIAN WALKABILITY IN THIS CENTRAL AREA. IF THIS ISN'T APPROVED, IT ISN'T TO SAY THE TIRE REPAIR SHOP GOES AWAY, IT STAYS.

IT CAN CONTINUE TO OPERATE JUST AS IT DID WHEN IT WAS BURKE'S TIRES, NO ISSUE AT ALL. IT'S MORE ABOUT TAKING AWAY THE LEGAL NONCONFORMING AND MAKING IT LEGAL NOW ALLOWING FOR MINOR

MOTOR VEHICLE REPAIR. >> SO WE JUST GOT TO FIX THE NONCONFORMING. THE ONLY NONCONFORMING I THOUGHT YOU SAID WAS THE MATERIAL OUTSIDE, THE WOOD SIGNS AND THE

PAINTED SIGNS. >> WELL THE USE.

>> BUT THE USE IS ALREADY GRANTED BY RIGHT.

>> TIRE REPAIR IS NOT GRANTED BY RIGHT.

IT'S A LEGAL NONCONFORMING USE. SO IT CAN CONTINUE TO EXIST, IT JUST, WE JUST CAN'T EXPAND UPON IT.

>> THE NEW STUFF IS NOT CONFORMING.

>> CAN THEY SELL IT TO SOMEBODY? IT'S RECENTLY BEEN SOLD, AND

THEY'RE KEEPING IT? >> THEY'RE KEEPING THE USE AND THE USE IS PROTECTED, ABSOLUTELY.

IT'S THE IDEA AGAIN OF BRINGING IN MINOR MOTOR VEHICLE REPAIR WHICH IS ALLOWED BY RIGHT IN MEDIUM INDUSTRIAL IT IS NOT

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TYPE OF MOTOR VEHICLE REPAIR. >> SO WHAT WE'RE ESSENTIALLY DECIDING OVER IS THE SIGNAGE OUTSIDE THE WOOD SIGNS, THE PAINTED SIGNS, AND THEN THE MOTOR REPAIR?

>> YES, SIR. >> THAT'S FOUR ISSUES.

>> SO DID I HEAR CORRECTLY, IT'S SOLD AND THAT'S WHAT'S PROMPTING

THIS SUP? >> YES, SIR.

IT DIDN'T CHANGE OWNERSHIP. IT CHANGED HANDS AS FAR AS TENANTS IS WHAT IT DID. BURKE'S TIRES OWNED IT, DIDN'T OWN IT, I THINK OCCUPIED IT. EXACTLY.

>> IT'S A BUSINESS IT WAS SOLD TO?

>> EXACTLY. RIGHT.

>> SO I'M A BIG STICKLER FOR THE WHOLE NONCONFORMING USE AND MAKING SURE WE'RE NOT DISALLOWING SOMETHING THAT COULD HAVE BEEN ALLOWED ET CETERA, ET CETERA.

BUT I SEE THE ISSUES HERE, SO THAT WAS MY ONLY QUESTION, THAT, AND WAS THERE ANY, THESE PICTURES OF, WAS THIS SIGNAGE ON THE BUILDING OR IS ON THE BUILDING?

I HEARD YOU SAY. >> SO THIS SIGNAGE THAT I HAVE THAT I'M SHOWING HERE RIGHT NOW IS NOT ON THE BUILDING.

THEY HAVE IT JUST IN BACK OF THE BUILDING RIGHT NOW.

THEY'RE READY TO PUT IT UP AND THEY'RE GOING TO PLACE IT OVER THESE EXISTING BAYS THAT ARE CURRENTLY THERE ON THE PROPERTY.

THIS WAS PAINTED AT ONE POINT. NOW IN A COMMERCIAL DISTRICT WE DON'T ALLOW FOR PAINTING ON A BUILDING UNFORTUNATELY.

WE DO ALLOW WITHIN THE CENTRAL BUSINESS DISTRICT, BUT IT HAS TO HAVE SOME SORT OF HISTORICAL PRESENCE ASSOCIATED WITH IT.

AND IT HAS TO GO THROUGH THE HISTORICAL ADVISORY COMMITTEE AND IT HAS TO ULTIMATELY COME TO CITY COUNCIL.

AND WE'RE TALKING AT MURALS THERE.

IN THIS PARTICULAR CASE, WE ONLY ALLOW FOR CHANNEL LETTERING WITHIN A COMMERCIAL DISTRICT AS PER OUR ORDINANCE.

>> OKAY. >> SO AS FAR AS BECAUSE I KIND OF WANT TO TACKLE THESE ONE BY ONE.

AS FAR AS SIGNAGE, IF WE SAY YES TO EVERYTHING ELSE BUT THE SIGNS AND PUT UP OUR REQUIRED SIGNAGE, THAT WOULD CHECK THAT BOX OFF.

BECAUSE YOU CAN HAVE SIGNAGE IN A COMMERCIAL DISTRICT, RIGHT?

IT'S JUST GOT TO BE THE -- >> THE FANCY LETTERS.

>> THE FANCIER LETTERS, I CAN'T THINK OF WHAT THEY'RE CALLED.

>> INDIVIDUAL CHANNEL LETTERING. >> THEN THERE'S CERTAIN SQUARE

FOOTAGE. >> THEY WOULD HAVE TO MEET CERTAIN SQUARE FOOTAGE, ABSOLUTELY, SIR.

>> FOLLOWING WITH WHAT CLARK SAYS IF IT CAN BE RENDERED OR THIS MAN CANNOT AFFORD IT, I'VE SEEN THAT PLACE FROM A BARBECUE

STAND. >> BAKERY WHEN I WAS GROWING UP.

>> BAKERY WHEN YOU WERE GROWING UP.

I'VE SEEN IT ABOUT EVERYTHING IN THE WORLD AND A GAS STATION AT ONE TIME. AND THERE MIGHT BE A TANK UNDERNEATH THE GROUND, WE'RE NOT SURE ABOUT THAT.

I THINK THE SPILLERS FAMILY OWNED IT FOR A FEW YEARS.

>> YES, SIR. >> SO IT'S BEEN A FEW THINGS IN ITS LIFE. AND TO LOSE THAT ONE PART OF DOWNTOWN, WE NEED TO DO FIXING UP ON IT I THINK ALSO AND THE WOOD LETTERS, THERE'S NO WAY I COULD EVEN THINK ABOUT THAT.

BUT TO DO ALL OF THE REST OF IT, KIND OF PUTTING A BURDEN ON THE GUY THAT'S JUST CHANGING OIL AND A LITTLE BIT.

>> WE HAD THIS CONVERSATION ABOUT THE TENANT OUT ON 663 ON MAKING THEM POUR CONCRETE AND WHETHER THAT WAS THE TENANT'S

RESPONSIBILITY OR THE OWNERS. >> I DISAGREE WITH THAT, BECAUSE THIS IS A CHANGE OF USE OF THE BUILDING WHERE THE USE WAS PERMITTED IN THE OTHER BUILDING, HOWEVER WHAT THEY WANTED TO DO WAS NOT PERMITTED. SO THEY STILL COULD HAVE DONE THE THINGS THEY WANTED TO, THEY JUST HAVE TO DO IT INSIDE.

ONCE THEY TOOK IT OUTSIDE IS WHEN IT CAME TO US.

SAME SITUATION HERE. THERE ARE THINGS THAT ARE ALLOWED BY NONCONFORMING USE IN THIS EQUATION.

WHAT WE'RE TALKING ABOUT IS WHAT'S NOT ALLOWED BY THE

DESIRED USAGE. >> YEAH, I MEAN IF YOU DIDN'T DO SMALL ENGINE REPAIR, THIS WOULDN'T EVEN BE A CONVERSATION

THOUGH. >> I DISAGREE BECAUSE OF ALL OF THE OTHER -- THE SIGNAGE EXACTLY, SIGNAGE, USAGE.

AT THAT POINT NOW WHEN YOU BRING IN AUTO REPAIR, WHO'S POLICING, I DON'T WANT TO BE POLICING, I DON'T WANT THE CITY TO BE POLICING, BUT LET'S SAY A REPAIR THAT'S SUPPOSED TO BE COMPLETED IN LESS THAN A DAY, NOW ALL OF A SUDDEN YOU BRING IN VOLUME, VOLUME CREATES PROFIT AND NOW YOU'RE WAITING ON PARTS, THERE'S NOWHERE TO PUT A CAR ANYWHERE. YOU HAVE YOUR DAILY STUFF, THIS PARTS COMING IN IN THREE DAYS, NOW ALL OF A SUDDEN WE HAVE A FULL BLOWN PARKING LOT AUTO REPAIR FACILITY RIGHT THERE

[00:40:05]

ACROSS THE STREET. >> I THINK FROM STAFF'S PERSPECTIVE THAT WAS OBVIOUSLY A CONCERN.

IT'S A SMALL LOT AND ONCE YOU EXPAND THE USE AND YOU BRING IN MINOR AUTO REPAIR, NOW YOU'RE TALKING ABOUT WHERE THE VEHICLES ARE GOING TO QUEUE, WHERE ARE THE VEHICLES GOING TO BE STORED IF THERE'S GOING TO BE OVERNIGHT STORAGE.

I DON'T KNOW. >> YOUR RECOMMENDATIONS WOULD

PROHIBIT AUTO REPAIR, RIGHT? >> YES, SIR.

IT WOULD PROHIBIT. IT WOULD ONLY ALLOW FOR, WE WOULD ALLOW FOR BESIDES STATE INSPECTION AND TIRE REPAIR AND TIRE SALES WE WOULD ALLOW FOR THAT OIL CHANGE BUT WE WOULD LIMIT IT TO JUST THAT. AND THAT'S USUALLY BECAUSE OIL CHANGES SHOULDN'T TAKE LONGER THAN 15 MINUTES, 15 TO 20

MINUTES. >> IF THEY WERE COMPETITIVE THEY WOULD HAVE TO. IS THE APPLICANT HERE? WOULD YOU LIKE TO COME FORWARD? STATE YOUR NAME AND ADDRESS.

>> BJ 101 WEST AVENUE E. WE'RE NOT GOING TO HAVE ANY CARS OVERNIGHT OR ANYTHING. IT'S GOING TO BE MINOR OIL CHANGE AND SOME MINOR MECHANICS AND THAT'S COMPATIBLE WITH THE STATE INSPECTION EVERYWHERE. WHEN YOU HAVE A LIGHT BULB AND YOU NEED TO CHANGE IT WE'RE NOT GOING TO SEND YOU TO ANOTHER MECHANIC, THAT'S NOT COMPATIBLE WITH WHAT WE'RE DOING.

WE UNDERSTAND NOT HAVING MANY CARS THERE AND MAKE A MESS AND ALL OF THESE THINGS. ALL THAT WE'RE SEEKING IS THE LIGHT THING AND IT SHOULD NOT AFFECT THE VISION AND YOUR EXPECTATION FROM THE MECHANICS SHOP TO DO THIS KIND OF JOB.

IT'S NOT GOING TO BE MECHANICS JOB OR ENGINE JOB OR TRANSMISSION OR ANYTHING. IT'S VERY LIGHT THINGS, OIL CHANGE NOWADAYS SHOULDN'T TAKE MORE THAN 10, 15 MINUTES MAXIMUM AND THE CAR WILL BE RUNNING AND WE'RE NOT GOING TO BE DOING ANY MULTI CARS IN THE STREET OR ANYTHING.

AND THE SIGNING, WHAT DOES IT REQUIRE FROM US TO DO, IF WE HAVE TO DO THE CHANNELS, WE WILL DO THE CHANNELS.

WE HAVE NO OBJECTION OF ANYTHING.

ALL WE NEED TO DO JUST TO MAKE OUR BUSINESS RUNNING BECAUSE WITH THE SAME CRITERIA WE HAVE NOW IT'S VERY HARD TO MOVE ON WITH THE BUSINESS AND THE DEMANDS ON WHAT'S NEEDED FOR THE NEIGHBORHOOD THAN WE DO. SO THAT'S WHAT WE SEEK, THE OIL CHANGE AND A LITTLE MECHANIC, LIGHT MECHANIC, NOT HEAVY MECHANIC. AND WE'RE NOT GOING TO ALLOW ANY CAR TO STAY. IT'S GOING TO BE FAST, FAST.

EVERYTHING IS NOT MORE THAN 20 MINUTES, 25 MINUTES.

>> THE WORK YOU WOULD WANT TO DO, WOULD YOU EVER HAVE TO LIFT

THE CAR? >> ONLY IF WE HAVE TO CHANGE THE OIL, AND THAT'S GOING TO BE INSIDE, NOT OUTSIDE.

WE HAVE THREE BAYS, AND TWO OF THEM ARE AVAILABLE FOR INSIDE SERVICE. SO EVERYTHING INSIDE.

THE FIRST ONE IS FOR INSPECTION, THERE IS TWO OF THEM AVAILABLE TO WE HAVE TWO OF THEM. WE ONLY HAVE ONE FOR INSPECTION.

WE COULD DO EVERYTHING INSIDE. >> ARE YOU DOING INSPECTIONS

NOW? >> YES.

>> SO BASICALLY AS OF RIGHT NOW YOU HAVE THREE BAYS TO DO INSPECTIONS AND THEN YOU HAVE YOUR --

>> JUST ONE DAY WE DO INSPECTIONS.

>> SO IF THIS DOES NOT PASS, WHAT ARE YOU GOING TO DO WITH

THE OTHER BAYS? >> I MEAN WE'RE GOING TO LEAVE IT LIKE THIS, JUST WASTING. WE HAVE SOME TIRES INSIDE, JUST NO NEED FOR THEM ANYWAY. THAT'S WHY IT'S GOING TO MAKE A

BIG DIFFERENCE FOR US. >> I HAVE A COUPLE MORE QUESTIONS FOR STAFF WHEN WE GET TO IT.

>> THANK YOU. >> THANK YOU.

DO WE HAVE A -- >> NOT YET I HAVE QUESTIONS FOR

STAFF. >> STAFF?

I'M SORRY. >> YEAH.

I'VE GOT A QUESTION FOR YOU. SO AS OF NOW, EXCLUSIVELY WHAT IS OPERATING WITHIN THIS BUILDING?

>> SO BURKE'S TIRES ALWAYS DID INSPECTION, TIRE INSPECTION, VEHICLE INSPECTION, TIRE REPAIR, AND TIRE REPLACEMENT.

AND THAT SHOULD BE IT. THAT SHOULD BE THE ONLY THINGS THAT THEY'RE PERMITTED TO DO AT THIS POINT.

>> OKAY. AND PER THE AGENDA ITEM IT SAYS MINOR SERVICES AND REPAIR MAY INCLUDE OIL CHANGES, TUNE UPS, TIRE REPAIR, ROTATION PATCH, BALANCE, BRAKE SYSTEM SERVICE,

[00:45:05]

>> THE SUP IS LIMITED ONLY TO THOSE TIRE SALES, REPAIRS, OIL CHANGES, AND STATE INSPECTIONS. IT WOULD BE LIMITED TO THOSE

THINGS. >> OKAY SO I MISUNDERSTOOD THAT, THAT'S FINE. SO MY QUESTION IS CAN WE NOT TRUNCATE THE EXPIRATION CLAUSE IN THE SUP FROM 18 MONTHS DOWN TO SAY SIX MONTHS. SO SHOULD THIS TENANT LEAVE AND THE PROPERTY REMAIN NOT IN USE FOR WHAT'S APPROVED UNDER THIS SUP THAT WE CAN EFFECTIVELY REMOVE THAT USE SHOULD IT STAY

VACANT LONG ENOUGH? >> SO THERE'S AN 18 MONTH.

>> 180 DAYS. >> I THINK I SAID 18 MONTHS, MY APOLOGIES. 180 DAYS.

SO CAN WE REDUCE THAT DOWN FROM THERE?

>> TO WHAT? >> 30 DAYS.

I'M JUST SAYING ARBITRARILY CAN WE REDUCE IT DOWN? WHAT I'M CONCERNED ABOUT IF WE APPROVE AN SUP THAT WILL ROLL WITH THE PROPERTY POTENTIALLY FOREVER AS LONG AS IT STAYS IN THAT USE AND IT'S GOING TO INCREMENTALLY CHANGE THE USE OF SOMETHING THAT WE DON'T CURRENTLY WANT IT TO BE USED FOR RIGHT OUTSIDE OF SOMETHING WE'RE TRYING TO DO WHICH IS THE DOWNTOWN MASTER PLAN. SO IF WE'RE GOING TO GRANT AN SUP THAT WOULD ALLOW SIGNIFICANTLY DIFFERENT USES THAT COULD POTENTIALLY TURN INTO SOME OF THE ISSUES THAT P&Z UNANIMOUSLY DENIED, I WANT TO MAKE SURE THAT IT IS SIGNIFICANTLY DIFFICULT TO PERPETUATE THE ISSUE SHOULD IT

BECOME -- >> RIGHT NOW THE USE IS A LEGAL NONCONFORMING USE. THAT WILL CONTINUE TO DO THE TIRE REPAIR SALES, STATE INSPECTION.

>> THAT'S ALL THEY CAN DO. THEY'RE LIMITED TO THAT?

>> THEY'RE LIMITED TO THAT. THERE'S OTHER REQUIREMENTS, THEY WOULD NOT BE REQUIRED, NOW IT WOULD BE A LEGAL USE WHICH WOULD BE PERMITTED IN THAT ZONING DISTRICT PROVIDED THAT THAT BUSINESS DOES NOT CEASE TO OPERATE FOR A PERIOD OF RIGHT NOW 180 DAYS. IF YOU WANT TO SHORTEN IT TO 30

DAYS? >> I DON'T HAVE A CLAUSE IN THE

SUP THAT HAS TO BE 180 DAYS. >> I THINK 180 DAYS IS CONSISTENT WITH OUR DEFINITION IN THE ZONING CODE.

>> I DON'T WANT TO TELL ANYONE THEY CAN'T DO ANY BUSINESS, IF IT BECOMES A PROBLEMATIC SITUATION, I WANT TO SEE SOME

KIND OF RIP CORD. >> THIS DOESN'T FIT TO THE

MASTER PLAN. >> IT DOES NOT.

>> THAT'S THE PROBLEM. >> I AGREE.

>> SO I DON'T WANT TO SIT HERE AND SAY NO YOU CAN'T DO YOUR BUSINESS, BUT I WANT TO SAY IF THE BUSINESS GOES AWAY, SO TOO

SHALL THE ISSUE. >> I AGREE WITH WHAT YOU'RE SAYING. IF WE'RE GOING TO ALLOW IT, ALLOW IT WHERE THIS DOESN'T CONTINUE FOREVER.

IF HE SELLS THE BUSINESS OR GETS OUT.

>> RIGHT NOW THAT BUSINESS HAS LEGAL NONCONFORMING USE.

IF THAT BUSINESS CEASES TO EXIST FOR 180 DAYS THAT GOES AWAY.

>> AGREED. >> NOW YOU'RE WRITING AN

ORDINANCE PENALIZING AGAINST -- >> BUT THAT'S THE USE OF AN SUP.

WE USE SUPS TO CIRCUMVENT ORDINANCE ALL THE TIME.

>> BUT I WOULD SAY HOW CAN YOU WRITE AN SUP TO CIRCUMVENT A CODE POLICY PROCEDURE ORDINANCE OVER HERE BUT THEN SAY IT'S NOT

ACCEPTABLE TO USE IT OVER HERE? >> CAN YOU TIE IT TO THE SALE OF THE PROPERTY? I'VE TRIED THIS BEFORE AND I ALWAYS GET NO'S OUT OF YOU. THE PROBLEM IS --

>> I WAS JUST GOING TO SAY I KNOW EVERYONE IS SAYING IT'S NOT

[00:50:04]

HOWEVER HE CAN KEEP OPERATING AND STILL WON'T BE PART OF THE

MASTER PLAN. >> I DON'T WANT TO INCREASE THE SCOPE, THAT'S WHAT I'M SAYING. I DON'T WANT TO AS THE CITY TELL ANYONE THEY CAN'T DO SOMETHING THAT THEY'RE ALREADY DOING, BUT I DON'T WANT TO INCREASE THE SCOPE IF IT'S HEADED IN THE

WRONG DIRECTION. >> BECAUSE ONCE WE DO THIS, IT'S NOW THERE MORE PERMANENTLY, IT'S NOW THERE FOREVER POSSIBLY.

>> WHEN WE WERE AT P&Z, I'M SITTING IN THE BACK WHERE HEATHER IS AT RIGHT NOW. IF I REMEMBER RIGHT THE REASON THEY GOT A 7-0 AGAINST WAS BECAUSE IT WOULD GIVE IT PERMANENCY WHEREAS IF WE CONTINUE TO LET THEM WORK AS THEY ARE TODAY IT ALLOWS THEM TO CONTINUE WITH WHAT THEY'RE DOING, IT DOESN'T SLOW ANYBODY DOWN, BUT IT DOESN'T GIVE THEM THE EXTRA STUFF ON THE END FOREVER.

WHAT WALTER IS SAYING ABOUT THIS TIME LIMITS AND EVERYTHING, IF WE DID VOTE NO, THEY'RE STILL GOING TO WORK TOMORROW EVEN IF WE VOTE YES, THEY'RE JUST NOT GOING TO CHANGE OIL AND DO MINOR REPAIRS, SO EVERYBODY CAN STILL PAY RENT, COLLECT RENT.

IT'S BEEN A COUPLE OF WEEKS AGO, SO I WAS ASKING YOU.

>> IT HAS BEEN A FEW WEEKS, BUT THAT IS TRUE.

THEY WANTED TO KEEP EVERYTHING CONSISTENT.

THEY WEREN'T LOOKING TO WIPE OUT THE LEGAL NONCONFORMING AND EXPAND THE USE. I DON'T KNOW IF SAYING EXPANDING

THE USE IS THE RIGHT TERM. >> I AGREE WITH WHAT YOU'RE

SAYING. >> IT'S BRINGING IN A BRAND NEW USE THAT HAS NEVER EXISTED ON THAT PROPERTY AND IT'S MAKING IT LEGAL NOW. AND ALL GRANDFATHER AND LEGAL NONCONFORMING IS GONE TO A CERTAIN EXTENT, THE NEW USE TAKES OVER AND IS PROTECTED AND THAT BEING THE MINOR VEHICLE

REPAIR. >> SO BASICALLY WE'RE ARGUING

OVER MINOR AUTO REPAIR. >> THAT'S A STEP TOO FAR.

>> UNLESS I'M INTERPRETING THIS WRONG, MINOR VEHICLE REPAIR COULD BE DIFFERENT FOR THE NEXT TENANT?

>> JUST FROM THE DEFINITION THAT IS, BECAUSE WE ONLY HAVE TWO DEFINITIONS, WE HAVE MAJOR AND MINOR.

MAJOR THAT INCLUDES COLLISION AND THAT INCLUDES FRAMEWORK.

EVERYTHING ELSE IS MINOR ESSENTIALLY.

>> THAT'S A LOT OF EVERYTHING ELSE.

>> IT'S A LOT OF EVERYTHING ELSE, YES, SIR.

BUT IF YOU LOOK AT OUR DEFINITIONS, OUR DEFINITIONS, THAT'S EXACTLY WHAT IT SAID, IT BASICALLY SAYS IT'S THESE 1 OR 2 ITEMS AND IT'S USUALLY DEALING WITH COLLISION AND FRAMEWORK AND THEN EVERYTHING ELSE FALLS UNDER THE MINOR REPAIR.

>> BUT IF YOU CHANGE A LIGHT BULB ON AN INSPECTION TO GET IT

PASSED IT'S STILL MINOR. >> I'M WILLING TO BET THAT THIS INSPECTION STATION IS CHANGING LIGHT BULBS TO PASS INSPECTION AT THIS VERY TIME. AND I DON'T KNOW THAT ANYBODY CALLED THE CITY TO SAY THEY'RE CHANGING LIGHT BULBS, HAUL THEM IN. I'M JUST SAYING, SO I THINK WHAT P&Z SAW AND WHAT WE'RE TALKING ABOUT NOW IS THE CASCADING EFFECT OF MAKING PERMANENT WHAT IS JUST A SIMPLE NONCONFORMING

USE. >> I THINK THE BABY STEP HAS ALREADY BEEN MADE. IT'S ALLOWING A TIRE SHOP AND INSPECTIONS TO TAKE PLACE. IT'S GRANDFATHERED, BUT THAT IS

THE BABY STEP. >> YEAH.

IT'S BEEN IN THERE. >> I JUST PERSONALLY CAN'T GET BEHIND IT BECAUSE THE DOWNTOWN MASTER PLAN.

AND AS OUR DOWNTOWN TURNS OVER AND CHANGES AND WE'RE GOING TO BE FACED WITH SOME DIFFICULT DECISIONS AND THERE WILL BE TIME TO GIVE SOME CONCESSIONS, I'M SYMPATHETIC TO THE BUSINESS OWNER. BUT I JUST CAN'T GET BEHIND THIS

ONE. >> SO WE'LL HAVE A MOTION TO

CLOSE. >> MOVE TO CLOSE THE PUBLIC

HEARING. >> I'LL SECOND.

>> PLEASE VOTE. CLOSE 6-0.

>> I'M JUST SAYING I'M SYMPATHETIC TO THE BUSINESS OWNER BUT I CAN'T GET BEHIND IT BECAUSE OF THE DOWNTOWN MASTER PLAN AND THE OVERALL VISION OF WHAT THE FUTURE OF OUR DOWNTOWN IS GOING TO LOOK LIKE. I'LL JUST LEAVE IT AT THAT.

>> THAT'S THE LANDOWNER. SORRY.

>> I MAKE A MOTION TO OPEN THE PUBLIC HEARING.

>> SECOND. >> MOTION AND A SECOND TO OPEN.

>> MY NAME IS CARRIE SPILLERS AND I REALLY WASN'T PREPARED TO

[00:55:01]

YOU CAN TELL I'M ALREADY NERVOUS.

BUT WHAT IF YOU DIDN'T DO THE MINOR REPAIRS BECAUSE YOU'RE WORRIED ABOUT IT CASCADING AND GOING FORWARD, WHAT IF YOU ALLOWED HIM TO JUST DO THE OIL CHANGES IN THE TWO BASE TO HELP PICK UP THE BUSINESS. HE HAS SPENT A LOT OF MONEY AND CHANGE AS YOU'VE ALL KNOW, HE STARTED DOING WORK, IT WAS REALLY IN BAD SHAPE AND HE HAS PUT IT BACK INTO A MUCH BETTER SHAPE AND I GET COMPLIMENTS ALL THE TIME ON THE GREAT SIGNAGE ON THE SIGN AND HOW MUCH BETTER IT LOOKS FOR THE CITY.

I THINK HE'S DONE A WONDERFUL JOB AND IT'S A HISTORICAL PLACE.

WE HAVE PICTURES THAT GO WAY BACK.

IT'S GONE SO FAR BACK AND TOM HAS BEEN WITH ME FOREVER.

HE WAS GREAT BUT HE NEVER REALLY FIXED IT UP.

BJ HAS PUT A LOT OF TIME AND EFFORT INTO FIXING THIS UP.

THEY DON'T HAVE A LOT MORE RESOURCES TO PUT INTO IT.

I DEFINITELY CAN'T PUT A CONCRETE STREET IN.

I CAN'T DO THAT. I'VE GOT FOUR KIDS IN COLLEGE AND I'M SINGLE. I CAN'T DO THAT.

BUT HE'S WORKED REALLY HARD TO GET WHERE HE IS, AND I THINK HE WOULD DO A REALLY GOOD JOB AND I DON'T THINK YOU'D HAVE CARS PARKED EVERYWHERE. HE'S GOT THE BACK TO USE TOO.

HE'S GOT PLACES THEY COME IN AND OUT AND THEY'RE NOT HERE VERY LONG. IT COULD BE GREAT TO DO JUST FOR THE OIL CHANGES IF NOT THE MECHANIC.

THANK YOU. >> MOVE TO CLOSE THE PUBLIC

HEARING. >> I'LL SECOND.

>> JUST SO WE'RE ALL CLEAR, THE WAY THE ORDINANCE IS WRITTEN THE ORDINANCE IS WRITTEN TO INCLUDE MANY OF THOSE CONDITIONS THAT ARE WRITTEN IN THE STAFF REPORT AND JUST SO WE ALL UNDERSTAND UNDER LETTER A UNDER SECTION 2A, IT'S VERY, VERY SPECIFIC IN SAYING THAT IT IS LIMITED TO TIRE SALES, TIRE REPAIRS, OIL CHANGES, STATE INSPECTIONS, AND THAT'S ALL YOU CAN DO.

THAT IS IT. THAT'S HOW OUR ORDINANCE IS WRITTEN AT THIS POINT. I JUST WANT TO MAKE SURE WE'RE ALL CLEAR THAT IF YOU DO GRANT APPROVAL IT'S APPROVAL WITH THESE CONDITIONS. NOW AGAIN YOU COULD IGNORE OUR CONDITIONS AND JUST DO GRANT AND APPROVAL AND ALLOW THEM TO DO A WHOLE SLEW OF UNDER THINGS THAT FALL UNDER MINOR REPAIR.

THE WAY THIS IS WRITTEN IT'S FALLING INTO THOSE USES.

WE GO A STEP FORWARD AND TALK ABOUT OUTSIDE STORAGE AND DISPLAYS. IF YOU DO APPROVE THIS, THESE TIRES THAT THEY DISPLAY ON THE OUTSIDE, CAN'T BE DISPLAYED OUTSIDE. THEY HAVE TO BE BROUGHT INSIDE.

YES, SIR. AND THEN ON TOP OF THAT.

>> SO THAT'S THE NEXT QUESTION, IF YOU START DOING OIL CHANGES IN THIS BUILDING IS THERE FACILITIES FOR WASTE OIL AND RECLAMATION AND SPILL PREVENTION.

>> THEY HAVE TO WORK WITH CODE ENFORCEMENT, WHATEVER THE REQUIREMENTS ARE THEY NEED TO ADHERE TO THAT FOR SURE.

THAT ALSO INCLUDES SIGNAGE ON THERE AS WELL.

>> THIS MAY BE SPLITTING HAIRS BUT IF WE HYPOTHETICALLY WERE TO ALLOW FOR THE OIL CHANGES, IS THERE ANYTHING TO KEEP THEM FROM DOING OIL CHANGES WHERE THEY DO THE TIRE CHANGING?

>> NO, SIR. >> SO IF THEY GOT BACKED UP THEY COULD BE CRAWLING UNDER VEHICLES AND TURNING WRENCHES RIGHT UP

FRONT. >> YES, SIR.

THERE'S NOTHING THAT SAYS THAT THE OIL CHANGE HAS TO OCCUR IN AN ENCLOSURE. WE CAN MAKE THAT A CONDITION.

>> BUT THAT GOES BACK TO CODE ENFORCEMENT.

DO WE WANT TO BE POLICING. >> BECAUSE THEY DO FLAT REPAIR

OUTSIDE. >> I AGREE.

IT'S LIKE GOING I HATE TALKING ABOUT FENCES.

I DON'T WANT TO TALK ABOUT FENCES FOR THREE HOURS.

SO I DON'T WANT TO HAVE TO HEAR ABOUT HOW THERE'S OIL CHANGES ON

THE SIDEWALK OVER HERE. >> BUT ANY OF US CAN CHANGE OUR

OIL IN OUR FRONT YARD. >> THAT'S THE BENEFIT OF BEING

IN A PRIVATE RESIDENCE. >> I WOULD SEE THEIR WORK PROFILE TO BE NOT THAT DIFFERENT THAN WHAT WAS THERE BEFORE.

I WOULD ASSUME THEY'RE GOING TO FUNCTION AND WHAT THEY HAVE DONE IN THE PAST TO ME. SO WE'RE ADDING ONE THING TO IT?

>> CORRECT. >> ARE THEY GOING TO BECOME LEGAL OR THEY'LL BE LEGAL AT THAT POINT.

WALTER, ARE YOU GOING TO MAKE THE MOTION WHEN WE GET THERE?

[01:00:01]

>> SIR, WE JUST DENY HIM THIS SUP PERIOD.

NOW MARCUS, PLEASE CORRECT ME. HE CAN CONTINUE TO DO WHAT HE'S DOING AT THIS MOMENT AS IT IS AS IT SITS RIGHT THIS SECOND.

CORRECT? >> YES, SIR.

>> AND THEN THE SIGNS WOULD COME DOWN UNDER CODE ENFORCEMENT IF HE PUT THEM UP WHEN WE WEREN'T LOOKING AND THE SIGNS GOT UP IT

WOULD GO UNDER CODE ENFORCEMENT. >> YES, SIR, HE WOULD BE IN

VIOLATION OF THIS SIGN. >> THAT'S WHITE PAINT, I'M NOT

WORRIED ABOUT THAT. >> THIS SIGN HERE HE WOULD HAVE TO CONFORM TO WHATEVER OUR STANDARDS ARE.

THAT'S WHERE I WAS HEADED, CLARK.

I WAS GOING RIGHT DOWN THAT ROAD.

BECAUSE I THINK THAT'S WHY P&Z SAID NO 7-0 WAS THEY DIDN'T WANT

THE ADDED STUFF TO GO WITH IT. >> BUT I DON'T THINK HE CAN PUT SIGNS RIGHT THERE PER THE SIGNAGE ORDINANCES.

>> I'M JUST SAYING BECAUSE OF THE DISTANCE FROM THE ROOF TO THE SIGNS, I MEAN IT'S BEEN A WHILE SINCE I WAS ON P&Z BUT I DIDN'T EVEN THINK YOU COULD PUT SIGNS THERE.

>> THAT'S SOMEBODY ELSE'S JOB. THAT'S NOT OURS TONIGHT TO THINK ABOUT. IF IT DOESN'T FIT UNDER THE ORDINANCE TO GET THE PERMIT, IT FLAT OUT DOESN'T FIT.

>> THAT'S CORRECT. >> THE PAINTED ONE ON THE SIDE I HAVE TO AGREE IT NEEDS TO GO. IF HE WANTS TO DO THE BANNER OR SOMETHING, SO IF WE DENY TONIGHT, PERIOD, WE ARE LETTING HIM CONTINUE HIS JOB. WE ARE LETTING HIM DO WHAT HE'S DOING RIGHT NOW, NOT CHANGING THAT AT ALL.

AND THEN LET YOU GUYS FIGURE THE SIGN THING OUT, CORRECT?

>> ANOTHER THING I'LL SAY TO THAT IS WHAT'S THE DIFFERENCE IN THAT AND APPROVING THE SUP WITH EVERYTHING AND THEN LIMITING IT

FOR 30 DAYS. >> THE OIL CHANGES.

>> THAT'S WHAT I'M SAYING IS WE'RE LITERALLY FIGHTING OVER

OIL CHANGES. >> AND THE PERMITS YOU'VE NOW

MADE IT LEGAL. >> UNLESS THE USE ENDS.

>> YOU KNOW, CLARK, IN SOME BUSINESSES YOU MAKE SURE YOU'RE THERE UNTIL THE VERY LAST DAY UNTIL SOME GUY COMES AND TAKES

OVER WITH NO LEAD TIME. >> SO THE 30 DAYS, 180 DAYS THAT'S NOT GOING TO AFFECT ANYBODY IF THEY'RE SMART ENOUGH

TO BUY A WORKING BUSINESS. >> IF WE THINK THE DOWNTOWN IS GOING TO FLOURISH AS MUCH AS WE THINK, I'M SURE MS. SPILLERS WILL GET AN OFFER TO CHANGE THE USE.

>> SHE'S GOING TO GET A LOT BETTER OFFER ON A WORKING

BUILDING THAN AN EMPTY ONE. >> I'M GOING TO MAKE A MOTION THAT WE FOLLOW P&Z WHICH ALLOWS THE CURRENT USAGE AS IS RIGHT NOW, THAT WAY WE'RE NOT CHANGING ANYTHING.

LET HIM WORRY ABOUT THE SIGNS THROUGH THE SIGN DEPARTMENT, ISN'T THAT CORRECT? HE'S GOT TO DO HIS SIGN PERMIT AND THE WHOLE THING THROUGH THERE SO WE DON'T HAVE TO WORRY ABOUT THAT. THE ONLY THING WE'RE LIMITING HIM ON BY DOING THIS IS THE OIL CHANGE PART BECAUSE HE'S STILL GOING TO CHANGE THE LIGHT BULB, HE'S STILL GOING TO DO WHAT HE NEEDS TO DO TO GET IT INSPECTED VIA THE EASY STUFF.

THE INSPECTION, THAT'S WHAT I MEAN.

>> THEY CAN DO AN INSPECTION BUT THEY CAN'T CHANGE THE BULB.

>> I'LL BE HONEST I'M NOT SURE IF THEY WERE CHANGING BULBS OR WINDSHIELD WIPERS OR NOT. THEY DID DO STATE INSPECTIONS THERE, HE CAN DO STATE INSPECTIONS.

>> SECOND. >> ABSOLUTELY.

>> WE HAVE A MOTION. DO WE HAVE A SECOND?

>> SECOND. >> PLEASE VOTE.

WE ARE VOTING TO DENY. >> AND LEAVE IT AS IS.

>> A POSITIVE VOTE WILL BE A DENIAL.

PLEASE VOTE. THE ITEM IS DENIED 5-1.

THANK Y'ALL. OPEN ITEM 2021-227.

[2021-227]

[01:05:04]

1136 BY CHANGING THE ZONING FROM AG DISTRICT TO COMMERCIAL

DISTRICT. >> THE PROPERTY IS LOCATED OFF OF HIGHWAY 287 THIS IS NEAR THE INTERSECTION OF WALNUT GROVE AND PLAINVIEW ROAD. IT'S ZONED AS COMMERCIAL, THE REST ZONED AS AGRICULTURAL. THE REQUEST WILL CREATE CONSISTENCY TO ELIMINATE THAT SPLIT ZONING.

THE APPLICANT DOES PLAN TO DEVELOP THE TRACK FOR FUTURE COMMERCIAL USES. LOOKING AT OUR FUTURE LAND USE PLAN AS YOU SEE ON THE SCREEN, THE PROPERTY IS ENTIRELY WITHIN OUR REGIONAL MODULE. IT INCLUDES A MIX OF USES THAT WOULD INCLUDE OFFICES, SHOPPING, ENTERTAINMENT IN CLOSE PROXIMITY TO MAJOR CORRIDORS, THIS FITS THAT CLASSIFICATION.

SO A COMMERCIAL CLASSIFICATION WOULD CONFORM TO OUR COMPREHENSIVE PLAN. LOOKING AT IT FROM A TRANSPORTATION PERSPECTIVE, ONTO THE PROPOSED FRONTAGE OF 287, THAT'S GOING TO REQUIRE TXDOT'S APPROVAL.

WE DID SEND OUT 17 LETTERS TO PROPERTY OWNERS.

TO DATE STAFF HAS RECEIVED NO WRITTEN RESPONSES FROM OWNERS.

ON APRIL 20TH, THE PLANNING AND ZONING COMMISSION DID UNANIMOUSLY RECOMMEND APPROVAL OF THIS REQUEST AND WITH THAT I CAN TAKE ANY QUESTIONS YOU MAY HAVE.

>> I JUST HAVE A SIMPLE ONE. I COULDN'T MAKE HEADS OR TAILS OF IT. AND THE PACKET HERE, THAT'S THE WHOLE PROPERTY RIGHT THERE. IT'S THE SUBJECT PROPERTY AND PART OF IT CURRENTLY IS ZONED ONE WAY AND OKAY, THANK YOU.

YES, SIR. GOT YOU.

MISSED THAT ONE. >> OKAY, NO PROBLEM.

>> DON'T YOU DO THAT SOMETIMES WHEN YOU HAVE A HIGHWAY GO SO MANY FEET OFF THE CENTER OF THE HIGHWAY AND JUST ZONE IT TO START WITH AND LET WHOEVER IS GOING TO DO WHATEVER TO THE REST

OF IT. >> THAT'S A GOOD QUESTION.

I'M NOT SURE WHAT THEY DID WHEN THIS WAS ZONED AND I THINK WE WROTE IN HERE IT WAS ZONED BACK IN '99.

SO WHAT THEY DID IN '99. >> I REALIZE YOU WERE STILL IN

GRADE SCHOOL. >> WELL THEY DID THAT WITH 8TH STREET HERE ONE DAY. THEY ZONED SO MANY FEET AWAY FROM THE CENTER OF THE STREET COMMERCIAL AND THAT'S JUST WHAT THEY DID ONE DAY. I WAS ASKING IF THAT'S KIND OF WHAT THEY DID BACK THEN. AND THIS WOULD JUST MAKE IT EASIER FOR HIM TO DEVELOP IT, PUT A HOME DEPOT OR WHATEVER HE

WANTS TO DO ON THAT SPOT? >> YES, SIR.

AND I DON'T WANT ANYBODY TO THINK THAT ONCE IT'S ZONED COMMERCIAL IT'S NOT GOING TO REQUIRE SITE PLAN OR OBVIOUSLY THEY'RE GOING TO HAVE TO COME BACK TO THE CITY TO PROVIDE SITE PLAN, ELEVATIONS, ALL OF THAT. IF IT REQUIRES AN SUP WHICH THAT'S WHAT THESE LAUNDRY LIST OF ITEMS THESE ARE SHOWING THE P IT MEANS PERMITTED BY RIGHT IN COMMERCIAL, THE S MEANS SPECIFIC USE PERMITS. SO THOSE SPECIFIC USE PERMITS ARE DEFINITELY GOING TO HAVE TO COME BACK BEFORE THIS COUNCIL FOR APPROVAL. BUT THE P WOULD NOT.

>> WE HAVE ONE SPEAKER. KIM WEINS IF YOU WANT TO COME UP

NOW. >> HI, MY NAME IS KIM WEINS, WEINS REAL ESTATE, I REPRESENT THE SELLER, THE RATLIFF FAMILY.

WE'VE BEEN REPRESENTING THEIR PROPERTY FOR A COUPLE OF YEARS AND A HIGHWAY EXPANSION THERE AND THE INTERCHANGE HAS BEEN A REAL CHALLENGE OBVIOUSLY. DURING THAT TIME THE SELLERS SUFFERED SOME MAJOR HEALTH ISSUES WITH A SEVERE STROKE AND WE'RE EXCITED ABOUT THE FACT THAT THE PURCHASER HERE HAS OPTED TO LEAVE THEIR FAMILY HOMESTEAD THERE AND JUST ACQUIRE THE SEVEN ACRES AND TO MY UNDERSTANDING IT IS TO BUY IT AS AN INVESTMENT. HE'S A LOCAL BUYER JUST WANTING TO INVEST IN MIDLOTHIAN. SO APPRECIATE YOUR SUPPORT ON

BEHALF OF THE SELLERS. >> WHAT IS THAT HOUSE GOING TO

BE ZONED AS NOW? >> THE PROPERTY TO THE SOUTH IS NOT GOING TO BE REZONED. SO THAT PROPERTY REMAINS

AGRICULTURAL. >> EVEN THOUGH IT'S LESS THAN

THE ACREAGE REQUIRED. >> YES, SIR.

THOSE ARE TWO SEPARATE PARCELS AT THIS POINT.

THEY PROBABLY ARE A LEGAL CONFORMING LOT OR TRACK OF LAND I SHOULD SAY. BUT THEY ARE TWO SEPARATE

PARCELS. >> CAN I MAKE A MOTION TO CLOSE

THE PUBLIC HEARING. >> SECOND.

[01:10:02]

>> MOTION TO CLOSE AND SECONDED. PLEASE VOTE.

6-0. >> DO WE ACCEPT THE MOTION?

>> I THINK THIS IS KIND OF A NO-BRAINER DUE TO THE SETBACKS OF MC COY'S RIGHT NEXT TO IT. I'LL MAKE A MOTION TO APPROVE.

>> SECOND. >> MOTION TO APPROVE AND SECONDED. PLEASE VOTE.

ITEM PASSES 6-0. THANK Y'ALL.

[2021-228]

>> THIS IS ALSO KNOWN AS WEST SIDE PRESERVE FOR EVERYONE IN THE AUDIENCE. TO KIND OF GET A BETTER IDEA OF WHERE IT'S LOCATED AT, HERE'S THE NEW FIRE STATION LOCATED JUST NORTH AND TO THE WEST OF THE NEW FIRE STATION FROM THE SOUTH SIDE OF 287. THE FIVE PROPOSED CHANGES THAT THEY'RE REQUESTING TODAY GENERALLY DEAL WITH THE RESIDENTIAL PORTION OF PD18. PD18 RIGHT NOW IS A MIXED USE DEVELOPMENT WHERE OVER IN THIS AREA IT'S PRIMARILY SINGLE FAMILY RESIDENTIAL. THERE'S A LITTLE BIT OF MULTIFAMILY IN HERE, SOME COMMERCIAL UP IN HERE.

THEN RIGHT HERE IS COMMERCIAL AND I BELIEVE A LITTLE BIT MULTIFAMILY IS ALLOWED RIGHT HERE.

THE FIRST CHANGE THAT THEY ARE REQUESTING IS A CHANGE TO THE POTENTIAL VERTICAL RISE, THE PDR.

AND I DO HAVE MIKE TO BACK ME UP ON THIS SINCE HE'S THE ENGINEER, I'M COMING FROM A PLANNING POSITION, IN THIS TYPE ZONE THIS IS IN THE EAGLE FORD FORMATION, GEOLOGICAL FORMATION.

IN THIS AREA WE HAVE AN ORDINANCE THAT WHEN ANYONE CONSTRUCTS SINGLE FAMILY OR ANYTHING ALONG THOSE LINES, THEY HAVE TO TREAT THE SOIL SO THAT IT ADDRESSES WHEN IT EXPANDS AND REACTS AND SO I APOLOGIZE. ONCE AGAIN THIS IS MORE ENGINEERING. BUT RIGHT NOW IN OUR SYSTEM OR IN OUR CODE, WE REQUIRE LESS THAN TWO INCHES OF VERTICAL RISE. WHEN WE ORIGINALLY, YEARS AGO WHEN THIS BEFORE CITY STAFF BROUGHT A RECOMMENDATION TO CHANGE OUR MINIMUM CHANGES IN THE PDR.

THAT STATED STAFF RECOMMENDED THREE INCHES AND UNDER.

AT THE TIME CITY COUNCIL DECIDED TO STAY CONSERVATIVE, THEY FELT THEY WANTED TO STICK WITH THE TWO INCHES.

AND THAT'S WHERE WE'VE BEEN EVER SINCE.

THE DEVELOPER THROUGH THEIR ENGINEERING AND DETERMINED THEY COULD GET THIS PROPERTY TO THREE INCHES.

ORIGINALLY THEY HAD REQUESTED A VARIANCE TO ALLOW FOR A POTENTIAL VERTICAL RISE OF FOUR INCHES BUT THEY WERE ABLE TO GET TO THREE INCHES. THE SECOND ONE WAS THE MINIMUM HOUSE SIZE. THE MINIMUM FOR ALL RESIDENTIAL DWELLINGS SHALL BE NO LESS THAN 1500 SQUARE FEET.

THERE'S A PARAGRAPH, THERE'S MULTIPLE PARAGRAPHS WHERE IT BROKE IT OUT INTO PERCENTAGES THAT THE PDU REQUIRED MAXIMUM OF 25 RESIDENTIAL DWELLING UNITS SO BETWEEN 1500 AND 1600 SQUARE FEET. AND A MINIMUM 25% SINGLE FAMILY DWELLING UNITS WILL BE 2,000 SQUARE FEET OR GREATER.

WHAT THEY'RE REQUESTING IS THAT NO SINGLE FAMILY DWELLING UNIT SHALL BE LESS THAN 1500 SQUARE FEET.

THEY ARE KEEPING THAT. BUT THEY ARE REQUESTING TO OFFER LARGER HOMES THAT NOT LESS THAN 50% OF THE SINGLE FAMILY DWELLING UNITS WILL HAVE A FLOOR UNIT OF GREATER 1,050 SQUARE

[01:15:07]

AT THAT TIME WE WERE GIVEN ABOUT A WEEK'S NOTICE BEFORE THIS WENT INTO EFFECT. SO WE CREATED AN ORDINANCE TO PREVENT THOSE STEEL, ALUMINUM LOOKING CLUSTER BOXES.

WE WANT TO BRING STRICT RELATIONS HAVING EITHER ENCASED IN MASONRY AT THE CLUSTER BOX OR IT WOULD HAVE TO BE HAVING A SHELTER AROUND THE CLUSTER BOX. IN VARIOUS PD'S THERE HAVE BEEN REQUESTS FOR DIFFERENT TYPES OF MAILBOXES BE USED, DECORATIVE STAND ALONE MAILBOX, DECORATIVE IS POWDER COATED AT FACTORY.

LOOKS A LOT BETTER THAN YOUR TYPICAL ALUMINUM ONES AND THEY LOOK BETTER OVER TIME AS WELL. THE FOURTH ONE IS THE INTERIOR SETBACKS FOR SINGLE FAMILY RESIDENTIAL LOTS.

THIS WOULD IMPACT NOT THE CORNER LOTS BUT THERE'S ANOTHER SINGLE FAMILY RESIDENTIAL FROM SIX FEET TO FIVE FEET.

AND THE FINAL ONE WAS TO UPDATE THE SITE PLAN, THE OVERALL SITE PLAN FOR THE DEVELOPMENT. THE OVERSAUL SITE PLAN ESPECIALLY WITH THESE CHANGES IN THE ORDINANCE, THE WEST SIDE PRESERVE ORDINANCE ALLOWED THE DEVELOPMENT TO HAVE 787 SINGLE FAMILY RESIDENTIAL DWELLINGS BY RIGHT.

THE INITIAL SITE PLAN ONLY SHOWED 772 LOTS.

THERE'S ALSO OTHER VARIOUS NOTES ON THE SITE PLAN STAFF THOUGHT WOULD BE BETTER TO REMOVE BECAUSE IT CAUSED A LOT OF CONFUSION THROUGHOUT THE REST OF THE ORDINANCES.

0 CAME BACK IN FAVOR, 0 CAME BACK IN OPPOSITION.

STAFF DOES RECOMMEND APPROVAL. WHEN WE BROUGHT THIS BEFORE THE PLANNING AND ZONING COMMISSION ON APRIL 20TH, THEY ALSO RECOMMENDED APPROVAL 6-0. AND I CAN ANSWER ANY QUESTIONS

AT THIS TIME. >> I GUESS MY ONLY QUESTION IS ON THE MAILBOXES. SO WE'RE GOING WITH OUR CURRENT

ORDINANCE ON THE MAILBOXES? >> OUR CURRENT ORDINANCE WOULD BE REQUIRE THIS TO BE ALL ENCASED IN MASONRY OR HAVE A SHELTER AROUND IT. THEY'RE REQUESTING SOMETHING OTHER THAN THAT. AND STAFF WOULD SUPPORT SOMETHING ALONG THESE LINES. WHEN THIS BEFORE COUNCIL AT THAT TIME THEY WANTED SOMETHING THAT JUST LOOKED NICE.

THE FEAR WAS THESE ALUMINUM CLUSTER BOXES THAT ARE THROWN OUT THERE, THEY'RE DAMAGED, THEY GET GRAFFITI ALLOT.

>> ISN'T THAT WHAT THAT IS, THEY'RE JUST BLACK.

>> BLACK WITH SOME DECORATIVE FEATURES.

THAT'S WHAT THEY'RE REQUESTING. >> SO I GUESS I JUST WANT TO UNDERSTAND IT BECAUSE IN SOME OF THE SUBDIVISIONS I'VE BEEN INTO THEY'VE BRICKED THEM AND THEY WERE TOLD AND SOME OF THEM CAME BACK AND THEY HAD TO BE COVERED LIKE THERE HAD TO BE A ROOF OVER SO THIS ONE WON'T HAVE TO HAVE A COVERING.

>> IT WON'T HAVE A COVER OR -- >> SO IT'S A STAND ALONE BOX.

>> YES, SIR. >> IS THAT THE NUMBER OF HOUSES

THAT IT WOULD SUPPORT? >> THESE ARE JUST SAMPLES.

>> CORRECT ME IF I'M WRONG BUT WHAT YOU'RE ASKING IS THAT'S THE MAXIMUM NUMBER OF SLOTS YOU CAN PUT IN A BOX SO WE WILL HAVE MULTIPLES OF THOSE, IS THAT WHAT YOU'RE GETTING AT?

>> YES. THEY TRY SPREADING THEM OUT INSIDE THE SUBDIVISION INSTEAD OF ONE MAJOR LOCATION WITH ALL

OF THE CLUSTER BOXES UNDERNEATH. >> SO THERE WILL BE 65 OF THOSE

IN THAT SUBDIVISION. >> GOTCHA.

>> IS THERE AN ORDINANCE THAT SAYS HOW CLOSE IT HAS TO BE TO A

PERSON'S HOME? >> NO, THERE IS NOT.

>> THEY GO IN OPEN SPACE, BUT IT HAS TO MEET ALL OF THE FEDERAL REGULATIONS FOR ADA, AMERICANS WITH DISABILITIES ACT REGARDING

ACCESS. >> AND THE GOAL IN THE POSTAL

VAN DOESN'T HAVE TO GET OUT. >> CORRECT.

>> SO IF THIS IS WHAT WE APPROVED WHAT ABOUT ON THE MULTIFAMILY SIDE. BECAUSE WE'RE PROVING IT FOR THE

WHOLE PD. >> CLUSTER BOXES AREN'T

REQUIRED. >> THE CLUSTER BOXES ARE FOR THE SINGLE FAMILY. I DON'T KNOW IF THEY'RE REQUIRED FOR COMMERCIAL OR NOT. WE WOULD NEED TO ADD THAT

[01:20:06]

CONDITION. >> IS THERE A MAXIMUM FOR ACREAGE ON THE COVERAGE OF THE LOT THE HOUSE CAN BE?

>> THE PREVIOUS COVER THE MAXIMUM REQUIREMENT WAS, THEY'RE NOT CHANGING THAT REQUIREMENT. IT'S THE SAME AS WHAT THE ORIGINAL ORDINANCE REQUIRED. AND I NEED TO GO BACK THROUGH ALL THREE OF THOSE ORDINANCES TO SEE WHICH ONE TAKES PRECEDENCE.

>> I HAVE TO ASK BECAUSE I CAN'T DO THE MATH IN MY HEAD QUICK ENOUGH. DID ANYBODY CALCULATE THE NUMBER OF HOUSES IN EACH EQUATION FOR THE 25, 25, 25, AND THEN 25 AND

75 AND HOW IT ACTUALLY EQUATES? >> ON THE SITE PLAN YOU CAN SEE

THE BREAKDOWN. >> YEAH, THAT'S REALLY SMALL.

>> SO IT SHOWS THAT THE -- >> ALL HOUSES COULD BE GREATER

THAN 2,000 FEET, RIGHT? >> CORRECT.

>> THERE'S NOTHING THAT REQUIRES THEM TO BUILD SMALLER HOMES?

>> THERE IS ONE PROVISION THAT SAYS A CERTAIN PERCENTAGE.

>> WELL IF YOU GO UP. >> YOU CAN'T GO UP.

>> OH TWO STORY, I GUESS YOU COULD DO THAT.

>> COULD WE GET, I MEAN THE REAL COMPLICATED PART IS THE DIRT PART. COULD WE GET MIKE BACK UP HERE.

BECAUSE THAT WAS A BIG DISCUSSION POINT ABOUT ALL OF THIS DIRT ON THAT WHOLE AREA. A FEW YEARS AGO YOU WANTED US TO STICK TO THE NUMBER THAT YOU HAD GIVEN US ORIGINALLY FOR THAT FORD DIRT TWO INCHES OR THREE I DON'T REMEMBER WHAT IT WAS.

NOW WHY ARE WE WANTING TO CHANGE IT NOW?

>> THIS IS REAL QUICK HISTORY, ORIGINALLY BACK IN 2007 WHEN THIS WENT TO COUNCIL, IT WAS SET AT LESS THAN FOUR PBR FOR BOTH FOUNDATIONS AND FOR THE PAVEMENT.

IN 2008 IT WAS CHANGED TOLESS THAN TWO.

IN 2018 WE ACTUALLY CAME BEFORE COUNCIL AND HAD IT WHERE YOU CAN GO LESS THAN FOUR AS AN OPTION. SO IT WAS BASICALLY SAYING STAFF IS RECOMMENDING SOMEWHERE BETWEEN 2 AND 4.

WAS COUNCIL WANTING TO DO ANYTHING TO RAISE IT UP SOME OR KEEP IT AT LESS THAN TWO. AT THAT TIME COUNCIL OPTED LET'S KEEP IT AS LESS THAN TWO FOR THE RESIDENTIAL.

>> BECAUSE AT THE TIME THAT'S WHEN THE OVERLOOK ESTATES, THEY WERE COMING OUT OF THEIR HOUSE AND THE DRIVEWAY WOULD BE SIX

INCHES TALLER THAN THE GARAGE. >> THAT WAS BASED ON THE 2007.

SO THE REASON WHY THE ORDINANCE WAS DRAFTED WAS BECAUSE THERE WAS SOME CONCERN AND SOME REPORTS OF SOME ISSUES THAT WERE HAPPENING IN THE DEVELOPMENTS WHICH SINCE THE TIME THE ORDINANCE HAS BEEN ADOPTED, WE REALLY HAVEN'T HAD ANY DEVELOPMENT OCCUR WITHIN THE EAGLE FORD TO SEE.

BUT THAT'S REALLY NOT SET FOR APARTMENTS BUT THE ROAD STANDARDS THE FIRST TIME THAT WE'VE HAD ROADS BUILT THAT FOLLOW THESE STANDARDS. SO ONE OF THE THINGS AGAIN WE'RE LOOKING AT IS THERE'S BEEN MORE EXPERIENCE WITH THIS TYPE OF SOIL. THERE'S DIFFERENT TECHNIQUES THAT THEY'RE UTILIZING. IT'S PRETTY COMMON NOW TO DO THE MOISTURE CONDITIONING LIKE YOU SAW AT THE FIRE STATION WHERE YOU DO SOME TYPE OF WATER OR CHEMICAL INJECTION AS WELL.

TYPICALLY IN HIS EXPERIENCE WHEN YOU START GETTING FOUR OR ABOVE, THAT'S WHEN YOU TYPICALLY START SEEING SOME POTENTIAL FOR PROBLEMS. SO WE WERE BEING REQUESTED TO GO TO FIVE AND STAFF WAS UNCOMFORTABLE GOING TO THE FIVE.

SO THE DEVELOPER CAME AND ASKED THE QUESTION AND SO STAFF BASICALLY THE RESPONSE WAS THIS IS SOMETHING THAT YOU CAN BRING BEFORE COUNCIL. WE WOULD BE OKAY WITH LESS THAN THREE, DIDN'T WANT TO GO ALL THE WAY TO FOUR, BUT WE'D BE COMFORTABLE BETWEEN THE 2 AND 4, LESS THAN THREE MAKES SENSE ON OUR END OF US. AND THAT'S IN LINE WITH WHAT OUR

GEO TECH IS SAYING AS WELL. >> SO I'VE TRUSTED YOU FOR A WHILE AND I SAW WHAT HAPPENED UP IN LAKE RIDGE AND CEDAR HILL AND ALL OF THAT WHEN THOSE HOUSES WERE BEING CONDEMNED BECAUSE THEY MOVED TOO MUCH. I DON'T WANT US TO HAVE THAT PROBLEM. SO YOU'RE SAYING YOU WANT TO

STICK IT THREE OR LESS? >> LESS THAN THREE IS KIND OF

HOW IT SHOULD BE. >> LESS THAN THREE.

>> YES, SIR. >> SO IT COULD GO TO TWO?

>> BUT AGAIN, IT'S BASICALLY LESS THAN THREE WOULD BE THE REQUIREMENT. SO IF YOU GET TO 2.9, YOU'RE FINE. IF YOU GET TO 1.9 YOU'RE FINE.

>> BUT 3.2 IS NOT GOOD? >> CORRECT.

>> I HAVE A SERIES OF QUESTIONS. OLD FORT WORTH ROAD IS ON THAT SOUTHWEST BOUNDARY, SO WHAT WILL THIS DO TO THAT ROAD?

HOW MUCH WILL YOU FIX IT UP? >> SO MY QUESTION IS I HEAR

[01:25:07]

ROAD IN THERE? >> IT'S GOING TO BE ENGINEERED

-- >> FOR THE WEIGHT?

>> YEAH. >> DO WE HAVE ANY CONTROL OF THAT? NO.

WHERE IS THE CITY LIMITS? WHERE DOES IT END? THAT'S IT, THAT'S WHAT I THOUGHT.

OKAY. GENTLEMEN, ANYMORE --

>> I HAVE NO MORE QUESTIONS. >> I GOT SOME ADDITIONAL

INFORMATION. >> DO I HAVE A MOTION TO CLOSE?

>> A MOTION TO CLOSE THE PUBLIC HEARING.

>> WE DO HAVE THE DEVELOPER AND THE APPLICANT.

>> SORRY. >> THEY CAN SPEAK IN THE CLOSED

SESSION. >> I'LL SECOND.

>> IT'S CLOSED 6-0. COME ON UP.

>> SO THIS IS REGARDING THE MINIMUM HOUSE SIZE REQUIREMENTS.

THE PREVIOUS ORDINANCE RAN OUT IN THOSE FOUR DIFFERENT CATEGORIES I MENTIONED BEFORE. PAGE ONE OF THE STAFF REPORT, EACH ONE OF THOSE CATEGORIES YOU'D BE ABLE TO HAVE APPROXIMATELY 196 DIFFERENT RESIDENCES IN THOSE DIFFERENT CATEGORIES. WHEN YOU BREAK IT OUT IN THESE THREE NEW CATEGORIES, 590 WOULD BE NOTHING LESS THAN 1600 SQUARE FEET. THEY WOULD BE ABLE TO DO APPROXIMATELY 393 NOT LESS THAN 50% OF 1,850 FEET, GREATER THAN 1,850 SQUARE FEET. AND THEN 196 WOULD BE PERMITTED TO HAVE NOT LESS THAN 25% OF THE SINGLE FAMILY DWELLING UNITS GREATER THAN OR EQUAL TO 2,000 SQUARE FEET.

CORRECT, YEAH. >> I'M THE PRESIDENT OF ALLUVIUM DEVELOPMENT AND I WANTED TO ADDRESS SOME OF THE ISSUES.

I KNOW YOU'VE BEEN ADDRESSING THEM WITH THE STAFF.

BUT MAYBE A FEW CLARIFICATIONS ON SOME OF THE HIGH POINTS.

AND I'M GOING TO JUMP INTO THE TOUGH ONE RIGHT AWAY IS THE VERTICAL RISE. AND TO KIND OF GIVE AN EVOLUTION OF WHAT IS ACCEPTABLE AND WHY HOUSES FAIL AND WHERE WE'VE GONE WITH THIS OVER THE YEARS, I SERVED ON A GOVERNMENTAL AFFAIRS COMMITTEE ON THE HOME BUILDERS ASSOCIATION FOR SEVERAL YEARS AND ONE OF MY JOBS WAS WORKING WITH POTENTIAL VERTICAL RISE AND HELPING BUILDERS LEARN HOW TO BUILD HOMES THAT DIDN'T FAIL.

AND SO I DON'T HAVE ANY BACKGROUND AS AN ENGINEER BUT I HAVE AN ENGINEER OF HARD KNOCKS SO WE'VE DONE A LOT, WE'VE SEEN A LOT OF THEM FAIL AND OUR GOAL IS FOR THEM NEVER TO DO THAT.

ONE OF THE COMMON WAYS TO MITIGATE SOILS IS THROUGH WATER INJECTION AND I KNOW ONE OF THE COUNCILMAN MENTIONED A CERTAIN SUBDIVISION THAT FAILED AND I DON'T LIKE TO POINT AT CERTAIN FAILURES, BUT IT'S POSSIBLE THAT THEY USE WATERHEY TESTED IT, TH MIGHT HAVE GOT IT TO THE ACCEPTABLE STANDARD.

SIX MONTHS LATER, IT IS NOT THERE ANYMORE.

SO WHAT WE HAVE MADE THE DECISION TO DO IS USE A COMPANY THAT'S ENVIRONMENTALLY FRIENDLY ION EXCHANGE MEDIUM.

[01:30:01]

IT BASICALLY REPLACES THE ION, I'M NOT A CHEMIST BY THE WAY SO I'M READ WHATTING THE ENGINEER GAVE ME ON THIS AND I BELIEVE THEM BECAUSE I'VE SEEN THIS WORK.

IT GETS IT TO WHERE THE SOIL PARTICLES WON'T BOND TO WATER ANYMORE. PUT IT IN LAYMAN TERMS THAT I CAN UNDERSTAND. IT'S AN IRREVERSIBLE ION EXCHANGE MEANING IT LASTS FOREVER.

THAT IS A REAL KEY POINT IS NOT A WATER INJECTION.

WE DON'T GET IT TO A 3 AND 6 MONTHS LATER IT'S BACK UP TO A SIX AGAIN. THAT'S REAL IMPORTANT.

WE HAVE TALKED TO OUR REP AND TOLD HIM WE NEEDED TO GET AS CLOSE TO A TWO AS WE CAN, IN FACT GET TO A TWO.

AND THEY BELIEVE THEY CAN GET TO A TWO, BUT THEIR FEAR IS AS WE'RE GOING THROUGH THERE, SOME MIGHT BE 2.5 AND SOME MIGHT BE 2.7, THIS IS WHY WE CAME IN AND ASKED FOR A THREE BECAUSE THE INDUSTRY STANDARD BELIEVE IT OR NOT IS 4.5 AND THAT'S IN MOST SUBDIVISIONS STRIVE TO GET A 4.5 OR BELOW.

GETTING BELOW A THREE IS QUITE GOOD.

I BELIEVE THE REASON WE'VE SEEN FAILURES IN THE PAST IS THEY GOT IT THERE AND IT DIDN'T STAY THERE OR THEY REALLY DIDN'T GET IT THERE. ONE OR THE OTHER.

SO THAT'S WHAT WE'RE PROPOSING, IT IS A CHEMICAL BASED ENVIRONMENTALLY FRIENDLY ION EXCHANGE THAT THEY SAY STAYS FOREVER. WE'VE RESEARCHED IT AND LOOKED AT OTHER PRODUCTS THAT THEY'VE DONE AND OTHER LOCATIONS AND IT SEEMS THAT THE SOILS DO STAY STABLE.

SO THAT'S MY PITCH ON THAT. AND I'LL GO AHEAD AND RUN OVER THE OTHER THINGS RIGHT QUICK AND IF YOU GUYS HAVE QUESTIONS.

I BELIEVE THAT WE DISCUSSED THE MINIMUM SQUARE FOOTAGE AND YOU KIND OF CUT TO THE CHASE. WE'RE ASKING FOR BIGGER HOUSES.

BUT IT'S ALSO A CLEAN UP IN THE PD.

THEY USE THE WORD MINIMUM INSTEAD OF THE WORD MAXIMUM WHEN THEY WERE REFERRING TO THE 1850 TO 1999 SQUARE FOOTS.

SO WHAT IT SAYS IS WE HAVE TO BUILD 25% OF THE HOMES 1850 TO 1999 SQUARE FEET, NOT A MINIMUM SIZE.

AND I THINK IT WAS, PERSONALLY I DON'T KNOW, I CAN'T KNOW BECAUSE I WASN'T THERE. BUT IT'S MY GUESS THAT THAT WAS A MISTAKE. THEY THEY MEANT TO USE THE WORD MAXIMUM. SO THAT'S REALLY ALL WE'RE ASKING TO CHANGE IS THAT WE WANT TO BUILD BIGGER HOUSES, WE DON'T WANT TO BE RESTRICTED TO HAVING TO BUILD 1850 SQUARE FOOT HOMES.

MOST OF OUR BUILDERS BUILD BIG HOUSES.

THAT'S WHY WE ARE ASKING FOR THAT PARTICULAR ITEM.

SOMEBODY MENTIONED MAILBOXES IN THE MULTIFAMILY.

THE MULTIFAMILY IS ZONED CR-MF-18-SUP WHICH MEANS THEY HAVE TO COME IN AND APPLY FOR AN SUP SO YOU CAN COMPLETELY, THIS DOESN'T, WE'RE NOT ASKING FOR A CHANGE IN THAT.

SO WHEN THE MULTIFAMILY USERS GET HERE, YOU'RE GOING TO GET A SHOT AT THEM ON THE SITE PLAN WHERE THEY HAVE A DOG PARK, HOW THEY DO THEIR MAILBOXES, EVERYTHING.

THE COUNCIL HAS COMPLETE CONTROL OF THAT.

BACK TO MY MAILBOXES, WE WON'T HAVE 65.

WE USE THESE, THEY'RE NOT UP THERE, BUT WE USE THOSE MAILBOXES, THEY'RE DECORATIVE AND THEY MATCH OUR STREET LIGHTS IN A LOT OF OUR SUBDIVISIONS MOST OF THE ONES WE'VE DONE RECENTLY HAD ABOUT 100 HOMES AND WE HAD ABOUT 3 TO 4 LOCATIONS.

SO THEY ARE BIGGER THAN WHAT WAS SHOWN, THAT WAS JUST SHOWN AS AN EXAMPLE. THEY'RE TYPICALLY, WE WANT TO SCATTER THEM WHERE WE DON'T GET TOO MUCH TRAFFIC IN ONE PLACE.

WE DON'T WANT IT TO BECOME THE POST OFFICE AND WE TRY TO PUT THEM ON SIDE YARDS WHERE THEY'RE NOT IN PEOPLE'S FRONT YARDS AND THE POSTAL SERVICE HAS TO APPROVE THEM AS WELL.

WE GET SOME INPUT. WE HIRE A CONSULTANT THAT WORKS BETWEEN THE POST OFFICE AND OURSELVES.

BUT WE ONLY GET TO SUGGEST LOCATIONS AND ULTIMATELY THEY GET TO DECIDE WHERE TO PUT IT, HOW BIG, AND HOW MANY.

I DON'T WANT TO NEGOTIATE WITH MYSELF, WE'LL BRICK THEM IF THAT'S WHAT THE COUNCIL DESIRES, I THINK IT'S UGLY.

IT GETS IMPOSING AS LARGE AND IMPOSING AS IT'S GOING TO BE IN

[01:35:01]

I DON'T THINK IT SAYS WE HAVE TO COVER THEM, BUT WE WILL IF THAT'S WHAT YOU WANT. YEAH, I DON'T KNOW.

WE'VE BEEN DOING THIS FOR SEVERAL YEARS NOW AND THE BIGGER THEY GET THE MORE IMPOSING THAT THEY LOOK AND PEOPLE DON'T LIKE THEM. BECAUSE THEY'RE IN SOMEBODY'S YARD, THEY'RE IN THEIR SIDE YARD, THEY LOOK LIKE A BUS STOP.

BUT AGAIN IF THAT'S WHAT -- THEY GO IN THEIR SIDE YARD.

WELL IT'S IN THE RIGHT-OF-WAY BUT PEOPLE THINK IT'S THEIR YARD, THEY GET TO MOW IT AND TAKE CARE OF IT AND THEY'LL GET TO MOW AROUND THE BIG STRUCTURE. WELL YEAH, THEY DON'T HAVE A CHOICE, THEY GET TO DECIDE IF THEY WANT IT OR NOT.

BUT AGAIN I DON'T WANT THIS TO BE A BIG STICKING POINT, BUT THAT'S WHAT WE WERE REQUESTING IF THE COUNCIL LIKES THAT.

IN SHORT OF THAT, I COULD ANSWER OTHER QUESTIONS IF ANYONE HAS ANY. YES, SIR.

IF WE CHANGE THIS WORD FROM MINIMUM TO MAXIMUM OR MAXIMUM TO MINIMUM, WHICHEVER IT IS, I GET DYSLEXIC, IF WE CHANGE THAT WE CAN TECHNICALLY BUILD ALL OF THE HOMES OVER 2,000 FEET.

AND I CAN'T PROMISE YOU THAT WILL HAPPEN, BUT THEY WILL MOSTLY BE OVER 2,000 FEET. WE HAVE ONE BUILDER THAT WE ARE UNDER CONTRACT WITH THAT HAS AN 1850 SQUARE FOOT HOUSE IN THEIR PROGRAM. MOST OF THEM AREN'T.

IT'S JUST ECONOMICALLY NOT VERY, IT'S HARD FOR THEM TO BUILD THEM THAT SMALL. I'M CHARGING TOO MUCH FOR LOTS I GUESS. WELL THANKS.

I'M AVAILABLE IF YOU NEED ME, THANK YOU.

>> WE'RE CLOSED, AREN'T WE? WE'VE ALREADY CLOSED IT.

>> BEFORE WE MAKE ANY MOTION, I'M JUST GOING TO SAY I HAVE A LOVE HATE RELATIONSHIP WITH SOME DEVELOPMENTS AND AS MUCH AS I TRY, THIS ONE DOESN'T REALLY BOTHER ME TOO MUCH SO WE'RE GETTING CLOSER YOU AND ME. BUT I WILL SAY IF THE DEVELOPER OR APPLICANT DOES NOT HAVE AN OBJECTION TO MEETING OUR ORDINANCE STANDARD FOR THE MAILBOX, THEN I THINK WE HAVE A DUTY TO UPHOLD THAT. SO AS HE SAID IF HE DOESN'T HAVE AN OBJECTION TO IT, WE SHOULD UPHOLD AS CLOSE AS WE CAN TO OUR ORDINANCES ASIDE FROM EVERYTHING ELSE THAT WE'RE ACCEPTING IN

THIS PRESENTATION. >> WELL PERSONALLY FROM SOMEONE WHO WENT THROUGH IT, I DON'T LIKE THE COVERINGS AND I DON'T UNDERSTAND THE POINT OF THEM. I DON'T KNOW WHEN THAT ORDINANCE WAS PUT IN BUT I DON'T LIKE IT. THE BRICKING IS NICE, BUT I'M ALWAYS CURIOUS WHEN THAT FAILS AND IT WILL, WHO'S FOOTING THAT

BILL? >> THE ONE THING ABOUT THE MAILBOXES THAT I GOT IS AS FAR AS LIKE LADIES GOING OUT KEEP LOOKING AT THESE TWO GIRLS SITTING BEHIND, WHEN THEY GO CHECK THE MAIL AT 10:00 BECAUSE THEY JUST GOT OFF ONE OF THEIR SHIFTS AND THEY'VE GOT THIS LITTLE BOX WITH 24 IN IT, THEY'RE LIKE THREE HOUSES DOWN, THEY LOOK AT IT ONE WAY, THEN YOU GO WELL THERE'S 240, YOU LOOK AT IT A DIFFERENT WAY.

I MEAN JUST WHERE THE MAIL IS AT.

>> I GET IT. >> IT WOULD BE EASIER TO SPLIT THEM UP, BUT NOT THROUGH THE WHOLE SUBDIVISION 20 AT A TIME OR WHATEVER. JUST A SMALLER BOX IT WOULDN'T

LOOK SO. >> BUT IN THIS INSTANCE WITH --

>> 700 LOTS THERE'S NOT GOING TO BE A BUILDING I WOULD ASSUME BECAUSE AT THAT POINT YOU'RE LOOKING AT A POST OFFICE SO WHY NOT AT A LATER DATE WE ADDRESS THE ORDINANCE IF WE DON'T LIKE

[01:40:02]

IT. >> SO WHEN WE PREPARED THE ORDINANCE, WE'RE LOOKING AT WHAT WOULD SOMEONE DO.

AND SO IN THE ORDINANCE THERE'S ACTUALLY LANGUAGE IN THE CODE OF ORDINANCE THAT STATES FOR ANY OTHER DESIGN BESIDES WHAT'S STATED, THAT'S WHEN THEY WOULD COME TO CITY COUNCIL.

BECAUSE THAT'S WHAT WE KNEW WOULD BE THE INTENT.

>> I GET IT, BUT HE SAID HE WOULDN'T BE OPPOSED TO BRICKING IT UP OR COVERING IT. IF YOU DON'T LIKE TO COVER TAKE THE BRICK OR VOTE IT HOWEVER YOU WANT.

>> I DO LIKE THE COVER IN A MASS MAILBOX SITUATION.

BUT THIS TO ME IS MORE OF AN INDIVIDUALIZED SPREAD OUT THROUGHOUT THE COMMUNITY I THINK I PREFER IT WITHOUT PERSONALLY.

I THINK IT COMES DOWN TO TASTE, PERSONAL PREFERENCE, BUT I BELIEVE WE HAVE A MOTION ON THE TABLE.

>> HUD, WOULD YOU PLEASE REPEAT YOUR MOTION?

>> I'D LIKE TO MAKE A MOTION TO APPROVE AS PRESENTED.

>> DO WE HAVE A SECOND? >> I WILL SECOND THAT.

>> IS THERE ANY ADDITIONAL DISCUSSION? ALL RIGHT, PLEASE VOTE. ITEM PASSES 6-0.

[2021-229]

THE PROPERTY IS LOCATED DIRECTLY TO THE WEST OF WALNUT GROVE ROAD

BETWEEN CLANCE AND FM1387. >> HERE WE ARE AGAIN.

WE JUST SET PRECEDENT, GUYS. >> SO AT THE GROVE, THIS SITUATION, THE GROVE HAS BEEN DONE IN PHASES WHERE THE FIRST TWO PHASES THEY'RE REQUIRED TO DO INDIVIDUAL MAILBOXES, THEY'RE ALL MASONRY. DURING THAT TIME THAT'S WHEN THE USPS CHANGED THE REGULATIONS FORCING EVERYONE TO GO TO CLUSTER BOXES AND KIND OF PUT THEM IN THIS AREA.

THEY WEREN'T AWARE OF THE ORDINANCE WHEN THEY STARTED PUTTING UP THEIR MAILBOXES. THIS IS WHAT THEIR EXISTING ONE LOOKS LIKE THROUGHOUT THE ENTIRE DEVELOPMENT WHICH IS SIMILAR TO THIS DESIGN RIGHT HERE. AND THEY'RE ASKING FOR A SPECIAL EXCEPTION TO THE DESIGN REQUIREMENTS TO ALLOW THEM TO KEEP THESE ONES THROUGHOUT THE REMAINDER OF THE GROVE AND THEY'RE SPACED OUT WHAT YOU HAD ALL PREVIOUSLY MENTIONED.

>> THOSE ARE THE TOTALITY OF ALL OF THEM IN THE NEIGHBORHOOD IN

ONE SPOT? >> NO, THERE'S FIVE BOXES.

THEN THEY HAVE THESE ALL THROUGHOUT THE NEIGHBORHOOD, ALL THROUGHOUT PHASE 3 AND 4 I BELIEVE ALREADY INSTALLED BECAUSE THEY WERE UNAWARE OF THE ORDINANCE.

>> BASICALLY THEY STARTED BUILDING THE REGULAR BRICK MAILBOXES, THE FEDERAL LAW CHANGED SO THEY STARTED PUTTING THESE IN UNAWARE OF OUR ORDINANCE REQUIREMENTS AND NOW THEY'RE ASKING FOR PERMISSION TO KEEP THEM AS IS AND CONTINUE THROUGH ALL OTHER PHASES LIKE THAT?

>> CORRECT. >> SO PHASE TWO HAS THESE?

>> PHASE 1 AND 2 HAVE THE INDIVIDUAL MAILBOXES THAT ARE MASONRY THAT YOU SEE IN A TYPICAL SUBDIVISION IN MIDLOTHIAN. AND THEN THE RULES CHANGED, THEY HAD TO ACTUALLY GO BACK AND GET SPECIAL PERMISSION BECAUSE THE SUBDIVISION WAS HALFWAY DONE, THEY HAD TO GET SPECIAL PERMISSION TO DO THE REST OF THEM TO BE CONSISTENT.

>> I WOULD SAY BECAUSE OF WHAT WE APPROVED IN THE PREVIOUS AGENDA ITEM IT WOULD BE PREJUDICIAL IN THIS ONE TO NOT APPROVE IT THUS SETTING PRECEDENT MOVING FORWARD ON TWO

SUPER LARGE DEVELOPMENTS. >> I HEAR YOU.

>> I JUST THINK THAT DUE TO THE FACT THAT THIS IS A SECOND PHASE OF A SUBDIVISION, IS THAT WHAT YOU SAID?

IT'S A CONTINUATION. >> I THINK IT'S PHASE 3 AND 4.

>> AND SO WITH THIS SPECIFIC ONE THE PRECEDENT HAD BEEN SET THE OTHER WAY. SO THAT WOULD BE MY ARGUMENT.

>> THIS DOES NOT REQUIRE A PUBLIC HEARING.

>> DO WE HAVE A MOTION, PLEASE? >> I MOVE TO APPROVE.

>> A MOTION TO APPROVE. IS THERE A SECOND?

>> SECOND. >> PLEASE VOTE.

[2021-230]

[01:45:07]

KYLE. >> SORRY ABOUT THAT.

WE HAVE THREE DIFFERENT REQUESTS THAT ARE PROPOSED.

THE FIRST ONE DEALS WITH AN ITEM THAT WE'LL HEAR NEXT WHICH IS THE ADDITION OF A STAFF PERSON FOR THE FINAL QUARTER OF THIS YEAR. THAT SPECIFIC POSITION IS STILL BEING DETERMINED. THE SECOND ITEM IS AN AMOUNT THAT WOULD BE USED TO PAY OFF THE REMAINING DEBT FOR THE MIDLOTHIAN BUSINESS PARK. AND THE THIRD ONE IS $100,000 THAT WOULD BE USED FOR ADDITIONAL INFRASTRUCTURE EXPENSES THAT WE HAVE OUT AT THE PARK.

QUESTION THAT YOU HAVE ON THE ITEMS?

>> MOVE TO APPROVE. >> SECOND.

>> WE HAVE A MOTION TO APPROVE AND SECONDED.

PLEASE VOTE. ITEM PASSES 6-0.

>> SO THE NEXT ONE A LITTLE BIT MORE FUN AND NOT AS EXCITING AS

[2021-231]

YOUR PREVIOUS ITEMS. >> EXCUSE ME.

NEXT ITEM IS 2021-231 CONSIDER AND DISCUSS THE UPDATED MIDLOTHIAN ECONOMIC DEVELOPMENT FIVE YEAR FOCUS ON PROJECTS AND STRATEGIC PLAN. KYLE.

>> YES. SO AS THE COUNCIL IS AWARE WE ARE UPDATING OUR STRATEGIC PLAN. IN PART WHAT WE WANTED TO DO WAS DO A QUICK OVERVIEW OF THE PLAN AND MAKE SURE THAT THE COUNCIL WAS AWARE AND THEN I WILL END AS FAR AS OUR NEXT STEPS AND WHAT WE WILL DO TO MOVE FORWARD, THERE IS A STRONG DESIRE FROM MIDLOTHIAN ECONOMIC DEVELOPMENT TO ENSURE ALIGNMENT BOTH WITH COUNCIL BUT ALSO EVERYTHING THAT THE COUNCIL WAS INVOLVED WITH.

ULTIMATELY OUR PURPOSE IS TO PROMOTE ECONOMIC DEVELOPMENT FOR THE BENEFIT OF THE CITY. ONE OF THE THINGS THAT I ALWAYS FEEL IS VERY IMPORTANT IS THAT WE STRESS OUR ORGANIZATION IS CREATED AND ALLOCATES SPECIFIC FUNDS THAT ARE DESIGNATED FROM SALES AND USE TAX. THOSE FUNDS CAN BE USED FOR SPECIFIC PROJECTS AND SO ONE OF THE THINGS THAT WE WANTED TO DO AS WE APPROACH THIS STRATEGIC PLANNING PROCESS WAS TO DO SOMETHING A LITTLE BIT DIFFERENT THAN WHAT HAD BEEN DONE IN THE PAST. WE WANTED TO REALLY WORK WITH COUNCIL, WORK WITH OUR BOARD, AND IDENTIFY WHAT THOSE AREAS ARE THAT WE WOULD FOCUS IN THE MOST AND THEN WE WOULD APPLY THOSE TO THE FOUR DIFFERENT CATEGORIES THAT WE HAVE THE ABILITY TO USE OUR FUNDS IN. AND SO RATHER THAN GOING OUT AND DOING THE TRADITIONAL ECONOMIC DEVELOPMENT PLAN WHERE THEY WOULD STUDY THE REGION AND IDENTIFY THE AREAS WHERE THE MARKET IS DOING REALLY WELL, WE WANTED TO BRING IN A CONSULTANT WHO WOULD LISTEN TO OUR COMMUNITY AND SEE WHAT IT IS THAT WE WANT AS WE USE THESE FUNDS ULTIMATELY TO THE BETTERMENT OF OUR RESIDENTS. FOR THAT EXERCISE WE ENGAGE WITH DAY ONE EXPERTS, THEY AS PART OF THEIR PROCESS WENT THROUGH ONE ON ONE INTERVIEWS WITH THE COUNCIL, THE BOARD, STAFF MEMBERS, AND SOME IN THE COMMUNITY.

THEY THEN WENT THROUGH A SERIES OF DIFFERENT WORKSHOPS WITH THE MIDLOTHIAN ECONOMIC DEVELOPMENT BOARD AND ALSO A JOINT MEETING WITH THE COUNCIL. AND AGAIN THEIR FOCUS IS IDENTIFYING THOSE THINGS THAT WE CAN PUT INTO EACH OF THOSE AUTHORIZED PROJECT TYPES THAT THE STATE HAS AUTHORIZED OUR USE FOR. ONE OF THE THINGS THAT REALLY CAME UP THAT WAS VERY IMPORTANT THAT WAS IDENTIFIED AS BEING

[01:50:01]

AND SO THOSE WERE CAPTURED AS PART OF THIS PROCESS AND THOSE ARE USED AS WE EVALUATE EACH PROJECT GOING FORWARD.

THEY IDENTIFIED TEN DIFFERENT RECOMMENDATIONS.

THOSE RECOMMENDATIONS RANGE FROM SPECIFIC AREAS THAT WE WILL FOCUS INCLUDING DOWNTOWN INDUSTRIAL AREAS, BUT ALSO HIGHLIGHTING OUR NEED OF FOCUSING TALENT AND WORKFORCE DEVELOPMENT, BEING ABLE TO LEVERAGE THOSE RESOURCES AND UPDATE OUR PLANS WITH THE MIDLOTHIAN HIGHER EDUCATION CENTER AND OTHER TRAINING PARTNERS WE WORK WITH.

THEY IDENTIFIED THE NEED FOR STAFFING AND OUR WORK LEVELS THAT WE HAVE. THEY REITERATED AN ITEM THAT CONTINUES TO COME UP WHICH IS OUR OFFICES AND HOW WE HIGHLIGHT THE COMMUNITY. THEY IDENTIFIED AN ITEM THAT THEY ENCOURAGED WORKING WITH THE ECONOMIC DEVELOPMENT, THEY HIGHLIGHTED THE SCHOOL DISTRICT. BUT I THINK IT ALSO FLOWS INTO THE OTHER BOARDS AND COMMISSIONS THAT WE HAVE IN THE COMMUNITY ULTIMATELY TO CONTINUE TO LEVERAGE AND WORK TOGETHER.

AND THEN KIND OF ONE OF THE REMAINING ITEMS THERE ARE SEVERAL ASSETS THAT WE HAVE WITHIN OUR COMMUNITY THAT WE REALLY NEED TO REFOCUS AND REALLOCATE ATTENTION AND PLANS AND RESOURCES TOWARDS SO WE CAN TURN THEM INTO STRONG ASSETS FOR OUR COMMUNITY AND ONE OF THE EXAMPLES BEING THE AIRPORT WAS A SPECIFIC EXAMPLE THERE. SO AS FAR AS THE NEXT STEPS, WE WILL TAKE THIS DOCUMENT THAT WAS PROVIDED TO YOU.

THE MIDLOTHIAN ECONOMIC DEVELOPMENT, THEY'VE ADOPTED THE PLAN. WE WILL THEN TAKE AND INCORPORATE THE CONTENT INTO OUR ANNUAL WORK PLANS THAT WE DO.

IT WILL BE INTEGRATED INTO OUR BUDGET.

SO YOU WILL SEE THAT. EACH YEAR WE WILL CONTINUE TO CHECK IN WITH COUNCIL IN IDENTIFYING THOSE PRIORITIES AND WHAT WE MOVE FORWARD AND FOCUS ON JUST TO MAKE SURE THAT WE'RE ALWAYS ALIGNED TOGETHER AS ORGANIZATIONS ULTIMATELY FOR ATTRACTING ECONOMIC DEVELOPMENT TO OUR COMMUNITY FOR THE BETTERMENT OF OUR RESIDENTS. QUESTIONS THAT YOU HAVE ON OUR STRATEGIC PLAN AND STEPS THAT WE WILL DO AS WE MOVE FORWARD?

>> THANK YOU. >> ITEM 2021-232.

[2021-232]

AND DIRECT STAFF AS NECESSARY. >> COUNCIL, YOU HAVE SEEN THE PROPOSAL I BELIEVE FROM THE CHAMBER OF COMMERCE BUT THEY ARE LOOKING TO UTILIZE THE VACANT STATION NO. 1 ACROSS THE STREET FOR THEIR OFFICES. AS NOTED OBVIOUSLY THE BOND PASSED FOR THE NEW CITY HALL LIBRARY WHICH COULD MAKE THIS RELATIVELY SHORT. 2 TO 5 YEAR, I WOULD SAY PROBABLY 2 TO 3 YEARS. COVER SOME OF THE INSURANCE AND UTILITIES WE'RE BASICALLY COVERING NOW.

GIVE THEM A 120 DAY NOTICE WHEN THEY NEED TO VACATE THE FACILITY, THEY'LL PROVIDE SOME JANITORIAL TO THE PUBLIC SPACES.

THEY WOULD OBVIOUSLY REMODEL IT FOR THEIR USE AS NOT ONLY THEIR OFFICES, BUT ALSO A VISITOR CENTER.

THEY WOULD DO THE JANITORIAL FOR THE SPACES THAT THEY'RE OCCUPYING. BUT BASICALLY THEY WANT TO LOOK AT UTILIZING THE FACILITY FOR THEIR OFFICES AND THEIR VISITOR CENTER UNTIL WE NEED THEM TO VACATE TO CONSTRUCT THE NEW CITY HALL. AND I'M SURE LAURA IS HERE AND SHE COULD PROBABLY PROVIDE SOME MORE COMMENTARY TO THAT.

[01:55:02]

WE DO NOT HAVE A DRAFT AGREEMENT, IF YOU'LL SEE THIS IS JUST A DISCUSSION ITEM. YOU GIVE US DIRECTION ON WHICH WAY YOU WANT TO GO. IF YOU WANT TO PURSUE THIS THEN WE OBVIOUSLY NEED TO GET AN AGREEMENT TOGETHER WHICH LAYS ALL OF THE DETAILS OUT ABOUT HOW WE WILL PROCEED FORWARD FOR THE

REST OF THE FACILITY. >> LAURA, YOU WANT TO COME UP

AND ANSWER QUESTIONS? >> LAURA?

>> I'M LAURA, A RESIDENT HERE IN MIDLOTHIAN AND REPRESENTING THE CHAMBER OF COMMERCE. SEVERAL YEARS AGO, TWO AND A HALF YEARS AGO WHEN I INTERVIEWED FOR THE CHAMBER POSITION, WE DISCUSSED IN THAT INTERVIEW THE NEED THAT THE CITY HAS FOR A VISITOR CENTER. AND THE CHAMBER PROVIDES SOME VISITOR SERVICES TO PEOPLE WHO CALL OR EMAIL OR WALK IN.

BUT OUR FACILITY IS NOT ADA COMPLIANT.

SO WE CAN'T BE DESIGNATED AS AN OFFICIAL VISITOR CENTER.

BUT I DON'T KNOW OF A CITY OF OUR SIZE AND NATURE THAT DOESN'T HAVE A DESIGNATED VISITOR CENTER FOR PEOPLE WHO ARE MOVING HERE OR VISITING CAN COME FOR INFORMATION.

WE HAVE MAPS AND PHONE BOOKS. BELIEVE IT OR NOT PEOPLE STILL COME BY TO PICK UP MAPS AND PHONE BOOKS, PACKETS OF INFORMATION. WE CURRENTLY MAIL THOSE AT OUR OWN EXPENSE ALL OVER THE UNITED STATES FOR PEOPLE WHO ARE THINKING OF MOVING HERE OR VISITING.

SO WHEN WE HEARD THAT YOU ALL WERE SEEKING PROPOSALS FOR SOMETHING LIKE A RESTAURANT OR A RETAIL, WE THOUGHT THAT THAT WAS A GREAT USE FOR THE FIRE STATION.

BUT THEN WE HEARD THAT THOSE DIDN'T WORK OUT AND SO WE HAD THE IDEA OF APPROACHING THE CITY ABOUT THE FIRE STATION HAVING A GREATER PURPOSE FOR ITS NEXT 2 OR 3 OR 5 YEARS TO SERVE A COMMUNITY NEED, A SHORT-TERM ADMITTED.

WE WOULD KNOW GOING IN THAT IT WOULD NOT BE LONG TERM.

WE WOULD BEAR THE COST OF CLEANING AND MINOR REMODELLING BECAUSE REALLY THE FACILITY NEEDS VERY LITTLE REMODELLING.

THERE ARE REALLY FOUR USES THAT WE CAN SEE FOR THAT BUILDING.

OF COURSE IT WOULD HOUSE THE CHAMBER OF COMMERCE, BUT WE HAVE OFFICES NOW. SO THAT'S NOT THE NEW USE.

THE NEW USE IS THAT THERE'S NOT A DESIGNATED VISITORS CENTER AND OF COURSE THAT FACILITY WOULD WORK.

THE WAY IT IS NOW, THERE'S NOT A LOCK ON THE FRONT DOOR.

THERE'S ACCESS INTO THE FOYER AND WE CAN PUT VISITOR INFORMATION RIGHT IN THAT FRONT FOYER WHERE PEOPLE COULD ACCESS THAT LITERALLY 24/7 TO GO IN AND GET BROCHURES AND PICK UP INFORMATION AND THEN ACCESS THE REST OF THE BUILDING WITH THE LOCK PAD WHEN WE'RE THERE. INTERESTINGLY WHAT WE WANT TO DO WITH THE SLEEPING QUARTERS IS TURN THOSE INTO A BUSINESS INCUBATOR. AND WE THINK WE COULD PUT DOORS OVER THOSE, REMOVE, EACH ONE OF THEM HAS A BED AND THREE LOCKERS. IF YOU REMOVE TWO OF THE LOCKERS AND LEAVE ONE LOCKER AND REMOVE THE BED, THERE'S ENOUGH ROOM FOR A SMALL DESK AND A CHAIR. AND WE THINK THAT THERE COULD BE ENTREPRENEURS IN OUR COMMUNITY WHO EITHER WOULD RENT FOR US SO THEY WOULD HAVE THE OFFICE FOR THEIR REGULAR USE FOR THEIR START UP BUSINESS, MAYBE IT'S MOVING OUT OF THEIR HOME BEFORE THEY GO INTO A SEPARATE SPACE OR IT COULD BE THAT WE JUST HAVE TEMPORARY MEETING SPACE. SOMEONE NEEDS A PLACE FOR A PRIVATE MEETING FOR A COUPLE OF PEOPLE.

THERE IS SPACE IN THERE FOR THE BOARD TO HAVE THEIR MEETINGS, BUT THEN THE BAYS COULD BE CLEANED UP AND CONVERTED, NOT A TREMENDOUS EXPENSE AGAIN BECAUSE WE WON'T BE IN THERE LONG, BUT WE WOULD LIKE TO BE ABLE TO HAVE SMALL TO MEDIUM TYPE CHAMBER GATHERINGS. THE CHAMBER RIGHT NOW IS VERY LIMITED IN THE SIZE OF THE GATHERINGS THAT WE HAVE.

IT'S A VERY BUSY PLACE, BUT OUR MEETING TABLE AS SOME OF YOU WHO HAVE BEEN IN CAN ONLY ACCOMMODATE 6 OR 8 PEOPLE.

SO WE COULD HAVE GATHERINGS OF MUCH LARGER SIZES, WE IMAGINE WE COULD HAVE CHAMBER GATHERINGS OF 20 OR 30 PEOPLE IN THE BAYS.

AND SO THOSE ARE THE FOUR USES THAT WE SEE WE COULD TURN A BUILDING THAT RIGHT NOW IS EMPTY AND IT WILL BE BULLDOZED EVENTUALLY, BUT UNTIL THAT HAPPENS WE'D LIKE IT TO HAVE A HIGHER, GREATER COMMUNITY USE. DO YOU HAVE ANY QUESTIONS FOR

ME? >> THANK YOU, LAURA.

>> YOU SAID THE CHAMBER VISITOR CENTER?

[02:00:02]

>> CHAMBER VISITOR CENTER, BUSINESS INCUBATOR AND THEN --

>> WHAT WAS THE FOURTH? >> CHAMBER EVENT SPACE.

WE WOULDN'T PROBABLY TRY TO MAKE IT PUBLIC EVENTS BECAUSE WE'D HAVE TO OPEN UP THE BUILDING FOR RESTROOMS AND IT GETS COMPLICATED BUT FOR CHAMBER GATHERINGS CERTAINLY WE COULD HAVE A FLURRY OF ACTIVITY THERE WEEKLY FOR THAT BUILDING.

AND RIGHT THERE IN THE DOWNTOWN AREA WITH ALL OF THOSE RESTAURANTS, WE THINK THAT'S AN ENHANCEMENT TO OUR DOWNTOWN

COMMUNITY. >> I THINK REALISTICALLY THE ODDS OF US GETTING A TENANT FOR A COUPLE OF YEARS, THE INVESTMENT THAT IT WOULD REQUIRE FROM A RESTAURANT OR SOMEONE ELSE IS NOT REASONABLE. I DON'T THINK IT'S LIKELY TO HAPPEN. ONE THING THAT I HATE AND I DON'T USE THAT WORD OFTEN, IS ABANDONED BUILDINGS.

I JUST DON'T LIKE THEM. IT SIGNALS THAT A DOWNTOWN IS DYING, I GET THAT WE HAVE A BIGGER PLAN OVER THERE.

BUT TO THE NOVICE WHO'S JUST PASSING THROUGH MIDLOTHIAN SEES AN ABANDONED BUILDING AND THEY THINK DYING AND WE'RE NOT, WE'RE THRIVING. AND SO I WOULD BE AN ADVOCATE TO SUPPORT THIS AS LONG AS THERE'S NO EXPENDITURES FROM THE CITY'S STANDPOINT THAT WE'RE NOT ALREADY INCURRING AS I'M SURE YOU KNOW, LAURA, THAT WE'RE EXTREMELY LIMITED THANKS TO OUR STATE LEVEL GOVERNMENT ON OUR OPERATING AND MAINTENANCE BUDGETS. SO WE CAN'T INCREASE OUR BUDGET IN ORDER TO HELP FACILITATE THIS.

BUT I ALSO THINK THERE'S SOMETHING TO BE SAID ABOUT THE PROXIMITY OF THE CHAMBER OF COMMERCE BEING IN DOWNTOWN IN A DRIVING DOWNTOWN AND ITS PROXIMITY TO CITY HALL AS WELL.

THAT'S MY TWO CENTS AND I'LL LET YOU GUYS DISCUSS.

>> WE ARE NOT GOING TO START BUILDING CITY HALL TOMORROW.

WE ALL UNDERSTAND IT MIGHT BE 2 OR 3 YEARS.

BUT THINGS THAT WE CAN DO, WE'RE GOING TO SPEND A COUPLE MILLION DOLLARS ON UTILITY RELOCATION BEFORE ANYTHING CAN EVEN GET STARTED. AND THAT MEANS WE COULD SHUT THE POWER OFF TO YOU IN A YEAR AND HAVING YOU THERE IS GOING TO BE A HINDRANCE TO THE MOMENT LIKE DEETEES, I FOUGHT AGAINST IT BEING TAKEN DOWN, I REALLY REGRET FIGHTING AGAINST THAT NOW BECAUSE THAT'S BECOME PART OF THE DOWNTOWN.

THE ABILITY TO PUT THE STAGES THERE, THE BATHROOMS BEHIND IT, ET CETERA, EVENTS FOR THIS WEEKEND THERE MIGHT BE A FIRE CHIEF THAT MIGHT BE MOVING. I DON'T KNOW IF HE HAS A BUILDING BACK OVER HERE SOMEWHERE.

WE CAN TALK HIM INTO MOVING MAYBE.

>> SO I KIND OF SHARE SOME OF WHAT TED SAYS, BUT I'M A LITTLE BIT MORE ON THE FINANCIAL SIDE OF IT.

SO SPECIFICALLY IT SAYS THE CITY WILL CHARGE NO RENT, MAINTAIN INSURANCE AND UTILITIES AND REIMBURSE THE CHAMBER FOR REPAIRS AND FACILITIES IN EXCESS OF 500, PROVIDE JANITORIAL SERVICES FOR PUBLIC AREAS, THOSE ARE THE ONES THAT I WANT TO TALK ABOUT. SO WHERE YOU GUYS ARE HOUSED

NOW, YOU PAY RENT, RIGHT? >> WE DO PAY RENT AND THE REASON THAT WE WOULD NOT ASK FOR YOU TO, THAT WE WOULD ASK FOR YOU TO WAIVE THE RENT FOR US IS THAT NORMALLY IN A SITUATION LIKE THIS, THE CITY WOULD HAVE A SERVICE AGREEMENT WITH THE CHAMBER TO PROVIDE VISITOR SERVICES AND SO THE CHAMBER WOULD BE RESPONSIBLE FOR ITS EXPENSES AND WOULD RECEIVE FUNDING USUALLY FROM THE HOTEL OCCUPANCY TAX FUND TO HELP COVER THE COST OF OPERATING THE VISITOR CENTER.

FOR EXAMPLE YOU KNOW I'M NOT NEW TO THE CHAMBER WORLD AND I'VE OPERATED THE VISITOR CENTER IN SEVERAL CITIES.

IN DESOTO, THE CHAMBER RECEIVED $5,000 A MONTH JUST FOR OPERATING THE VISITOR CENTER TO HELP US OFFSET OUR COSTS OF OVERHEAD, STAFFING, POSTAGE, SUPPLIES, ALL OF THE THINGS, SIGNAGE, THAT WENT ALONG WITH BEING YOUR VISITOR CENTER.

SO FOR US IT WOULD BE IN LIEU OF HAVING AN ARRANGEMENT WHERE YOU GIVE US FUNDS FROM YOUR HOTEL OCCUPANCY TAX THAT IT'S MY UNDERSTANDING THAT THOSE FUNDS ARE STILL DEDICATED TO ANOTHER USE FOR THE NEXT FEW YEARS AND AREN'T AVAILABLE FOR IT TO BE USED FOR A VISITOR CENTER. SO THAT WAS THE REASON FOR THE NO RENT AND MAINTAINING INSURANCE IS YOU'RE GOING TO OWN THE BUILDING UNTIL IT IS BULLDOZED.

SO YOU WOULD NEED TO MAINTAIN THE INSURANCE ANYWAY.

WE ALREADY HAVE OUR LIABILITY AND CONTENTS INSURANCE AS A

TENANT IN OUR CURRENT LOCATION. >> SO HOW DO YOU SEE THAT WORKING OUT FOR YOUR INCUBATOR SPACES OR ANY OF YOUR OTHER

[02:05:04]

TENANTS TO COVER OUR INTERESTS? >> WELL THAT IS WHY WE WOULD CHARGE A SMALL PROBABLY $100 TO $150 A MONTH FEE TO THOSE USERS SO THAT WE COULD ADD THAT SPACE TO OUR POLICY.

YOURS WOULD BE COVERING THE BUILDING AS YOU ALREADY HAVE IT COVERED. OUR LIABILITY WOULD BE COVERING THE ACTIVITIES AND OCCUPANTS WITHIN THE BUILDING.

>> I GOT YOU. OKAY AND THEN MY OTHER QUESTION IS CURRENTLY RIGHT NOW THE FIRE STATION HAS POWER IN IT, RIGHT?

>> MHM. >> BUT WE DON'T CLEAN IT, WE DON'T OCCUPY IT, AND I'M SURE IF WE OPEN THE FLOODGATES TO EVERY OTHER DEPARTMENT, I SEE HEATHER BACK THERE, SHE'S GOT SOME TRUCKS SHE MIGHT WANT TO PUT IN THERE, SOME SPORTING EQUIPMENT, SO I GUESS MY POINT IN THAT IS IF WE OPEN IT UP TO THE CHAMBER AND THEN ACCEPT ALL OF THE ADDITIONAL UTILITIES, WE'RE PAYING THE INSURANCE, BUT THE JANITORIAL SERVICE FOR THE PUBLIC AREAS, IT IS INCREASING THE COST TO THE CITY AND IF WE'RE GOING TO INCREASE THE COST TO THE CITY BY USAGE, I THINK WE'RE KIND OF BUSTING AT THE SEAMS OVER HERE.

I'D LOVE TO THROW SOME OF THESE DEPARTMENTS ACROSS THE STREET.

AND NOT ANYTHING AGAINST THE CHAMBER.

WE DO A LOT OF THINGS TOGETHER. BUT THAT'S KIND OF, HAVE WE SEEN OR INVESTIGATED ANY OTHER USAGES?

>> CITY USAGES? >> THAT'S RIGHT.

>> NOT REALLY BECAUSE OF THE KNOWLEDGE NOW THAT WE WERE -- HAD THE BOND NOT PASSED AND WE CONTINUED TO BUST AT THE SEAMS

WE PROBABLY WOULD HAVE. >> I WAS GOING TO SAY REGARDING THE UTILITIES AND THE JANITORIAL, I MADE SOME ASSUMPTIONS WHEN I PUT TOGETHER THE PROPOSAL THAT ELECTRICAL AND ALL OF THE UTILITIES WERE ALREADY BEING PAID ON THE CITY'S ACCOUNTS AND SO THAT WOULD DISCONTINUE.

>> I'M JUST SAYING THE INCREASE IN UTILITY AND THEN THE INCREASE

IN COST BECAUSE OF JANITORIAL. >> WELL THE JANITORIAL MAYBE, IF THE FIREFIGHTERS WERE CLEANING THEIR OWN PLACE --

>> I MEAN RIGHT NOW WE'RE NOT CLEANING IT.

RIGHT NOW WE'RE NOT OCCUPYING IT.

THE LIGHTS AREN'T ON ALL DAY LONG, THE HVAC PROBABLY MAINTAINS SOME SORT OF RANGE BUT NOTHING TOLERANT TO DAILY BUSINESS. SO WHEN YOU ADD THAT IN, YOU'RE LOOKING AT A COUPLE OF THOUSAND DOLLARS A MONTH IN EXPENSES ON THE CITY. AND LIKE JUSTIN SAID OUR BUDGET

IS A LITTLE TIGHT ON THAT. >> IS THAT A DEAL BREAKER FOR YOU GUYS, OR WOULD YOU BE WILLING TO INCUR THOSE COSTS?

>> WE CAN TALK ABOUT THAT. I WAS JUST THINKING OF WHEN IT WAS OCCUPIED, HERE WERE THE BILLS THAT YOU COVERED FOR IT.

>> SURE BUT ALL OF THAT MOVED TO THE NEW FIRE STATION.

>> I UNDERSTAND WHAT YOU'RE SAYING, THAT YOU HAVEN'T HAD AN OCCUPANT FOR SIX MONTHS OR NINE MONTHS OR HOWEVER LONG IT'S BEEN

MAYBE LONGER. >> NINE MONTHS.

>> SO YES, I SEE WHAT YOU'RE SAYING.

BUT I WASN'T THINKING OF IT THAT WAY I WAS THINKING YOU ALREADY HAD AN EXPENSE YOU WERE USED TO. NOW THE PUBLIC RESTROOMS, THAT'S NOT A BIG DEAL, WE JUST DON'T CURRENTLY HAVE OUR FACILITY

CLEANED DAILY. >> SURE.

>> AND WHEN I WAS IN SALEDO AND I MANAGED THE CIVIC CENTER WE HAD INTERNAL OFFICES AND RESTROOMS AND THEN WE HAD THE PUBLIC RESTROOMS AND THE PUBLIC RESTROOMS WERE CLEANED EVERY

DAY. >> SURE.

>> AND THAT'S WHERE I WAS COMING FROM ON THAT BECAUSE THE PUBLIC CAN BE SO NASTY AND GROSS AND ESPECIALLY IF WE ARE OPENING OUR DOORS TO MAKE OURSELVES THE VISITOR CENTER THEN WE ARE WELCOMING THE PUBLIC WHICH WE COULDN'T DO IN OUR CURRENT LOCATION SO WE DON'T HAVE TO WORRY ABOUT THAT EXPENSE.

I WOULD NOT WANT THE CITY TO INCUR AN AMOUNT THAT IS NOT REASONABLE FOR THE SERVICE THAT WE'RE PROVIDING TO YOU.

I FEEL LIKE I JUST WANT YOU TO THINK ABOUT THAT BUILDING PROVIDING A HIGHER, GREATER USE THAN STORAGE FOR A DEPARTMENT.

>> SO IN THAT, I'M WITH YOU AND I ACTUALLY WENT AND TOURED THAT BUILDING THREE WEEKS AGO. IT'S A LITTLE ROUGH, I'M NOT GOING TO LIE. IT'S A LITTLE ROUGH.

SO I AM CONCERNED ABOUT USING THAT AS LIKE WELCOME TO MIDLOTHIAN, WE'RE AWESOME, WE PAINTED THE WALLS, BUT IT IS KIND OF RATTY. SO I JUST WANT TO MAKE SURE THAT IF WE'RE GOING TO THROW IT OUT THERE AS WELCOME TO OUR GREAT

[02:10:03]

>> I HATE TO SAY IT, BUT THAT'S PART OF NOT PAYING RENT IS WE'RE GOING TO INCUR EXPENSES TO MAKE IT LOOK NICE.

>> SO DO YOU HAVE A BUDGET IN MIND TO IMPROVE THAT?

>> WELL WE DON'T HAVE AN OFFICIAL BUDGET, JUDY MCGRAW IS MY CHAIRMAN OF THE FACILITY AND SHE WAS GOING TO BE GATHERING NUMBERS FROM CONTRACTORS, CLEANING AGENTS AND SO FORTH FOR US. WE KIND OF WERE KICKING AROUND WE THOUGHT IT WOULD BE IN THE $20,000 RANGE FOR SIGNAGE AND REHAB, SO NEW FLOORING AND THAT TYPE OF THING.

I AM CONCERNED BECAUSE WHEN I WAS IN THERE FOR WINE AND ARTS FESTIVAL WE HAD SOME RAIN AS YOU KNOW, AND THERE WAS A WET SPOT IN THE KITCHEN SO THERE'S POTENTIALLY A ROOF LEAK OF SOME

KIND MAYBE. >> SO I WOULD AGREE WITH THAT, AND THEN MY CONCERN IN THAT IS WITH THE CITY OWNING THE BUILDING AND THEN BEING THE LANDLORD, BECAUSE WE VALUE THE RELATIONSHIP AND WHAT YOU BRING TO THE CITY, I DON'T WANT TO SEE THE CHAMBER AND THE CITY GO IN A TIT FOR TAT ARGUMENT ABOUT WHO'S

CLEANING EXTERNAL STRUCTURES UP. >> WE DON'T WANT THAT EITHER.

>> CLARK, DO YOU HAVE ANYTHING? >> I WAS JUST GOING TO SAY IF WE'RE ALL IN AGREEMENT TO LET THEM USE THE BUILDING THEN WE JUST DIRECT STAFF TO START NEGOTIATING A DEAL WITH THEM.

>> YES, MY SUPPORT HAS TO SIGN OFF ON A DEAL AND SO DO YOU.

>> I'M DEFINITELY A NO ON IT. >> I'M KIND OF A NO AT THIS

POINT. >> I THINK IT'S A WONDERFUL IDEA. I APPRECIATE THE CHAMBER'S EFFORTS AND TIME THEY'VE PUT INTO THINKING ABOUT THIS AND I LOVE THE SMALL BUSINESS INCUBATOR AS YOU CALLED IT.

I THINK THAT'S A GREAT IDEA. TIP MY CAP TO WHOEVER CAME UP

WITH THAT IDEA. >> THERE'S ONLY SO MANY THINGS YOU CAN DO WITH SLEEPING QUARTERS.

>> THAT IS TRUE. THE FACT THAT Y'ALL CAME UP WITH THAT IDEA AND IT'S A GOOD ONE IS IMPRESSIVE.

>> THANK YOU. >> I WOULD ALSO CAUTION ANY LANGUAGE THAT WOULD SAY THAT WE'RE AUTOMATICALLY GOING TO GET RID OF THAT BUILDING LIKE IT'S A FOREGONE CONCLUSION.

I THINK THAT BUILDING IS A PIECE OF OUR HISTORY AND TO JUST HAVE THE NOTION THAT IT'S ALREADY TORN DOWN, I WONDER WHAT OTHER BUILDINGS WE MIGHT HAVE IN MIND THAT WE'RE ALREADY LOOKING TO TEAR DOWN OUR HISTORY, THAT BUILDING IS PART OF OUR HISTORY AND PERSONALLY I DO NOT SEE IT GOING AWAY.

I WOULD LOVE FOR Y'ALL TO BE A TENANT THERE LONG TERM.

THAT'S MY TAKE ON IT. >> JUSTIN, DO YOU HAVE ANY OTHER

COMMENTS? >> THE DOWNTOWN MASTER PLAN DEFINES THAT. BUT NO, I'VE STATED MY PIECE.

I WOULD BE IN SUPPORT OF STAFF POTENTIALLY GETTING WITH THE CHAMBER AND TRYING TO FIGURE SOMETHING OUT.

IF IT WORKS, IT WORKS. IF IT DOESN'T, THEN IT DOESN'T.

>> THAT'S RIGHT. >> I HAVE ONE QUESTION.

YOUR BUSINESS LIABILITY INSURANCE, IS THAT THE INSURANCE

A NORMAL BUSINESS WOULD HAVE? >> I DON'T KNOW.

>> BECAUSE I WOULD EXPECT THAT IN YOUR SITUATION YOU'D COVER ALL OF THE BUSINESS LIABILITY INSURANCE OF AN OPERATING BUDGET AND WE WOULD COVER I GUESS THE FACILITY, THE BUILDING ITSELF?

JUST THE STRUCTURE. >> WE'LL WORK THAT OUT.

>> OKAY. SAY FOR THE FORGIVENESS OF THE RENT I WOULD SEE THE CITY NOT ENCOURAGING ANY ADDITIONAL

COSTS. >> WHO FIXES THE ROOF LEAK?

>> WELL THAT'S A GOOD QUESTION, BUT MAJOR REPAIRS --

>> BUT EVEN IF THEY DON'T TAKE IT, IT'S STILL OUR ROOF LEAK.

>> UNDERSTAND. >> AGREED.

>> BUT THE SMALLER STUFF GETS PASSED ON TO THE TENANT, BUT WE WOULD DO STANDARD BUSINESS THERE.

I WOULD LIKE TO SEE AN EXIT PLAN BY THE CHAMBER WITHIN THE FIRST

180 DAYS OF OCCUPANCY. >> WHEREAS THE CLAW IN THAT? I'M NOT OPPOSED TO THAT, I AGREE WITH THE STATEMENT.

BUT WHERE IS THE CLAW? WITHIN THE FIRST 180 DAYS OF OCCUPANCY. IF THAT MISS THAT, THEN WHAT?

>> THEN WE EVICT THEM. >> YEAH.

>> YOU'RE ASKING -- >> OKAY.

[02:15:11]

>> THAT MIGHT BE A DEAL BREAKER. >> THIS IS A SPECIAL SITUATION WHERE WE'RE ASSUMING, HASN'T BEEN DECIDED YET, BUT WE'RE ASSUMING THEY'RE GOING TO HAVE TO VACATE WITHIN THE NEXT 2 TO 3 YEARS. I WOULD ASSUME THEY'RE GOING TO GO SOME PLACE IN MIDLOTHIAN. I WOULD LIKE THEM TO HAVE THAT

HOME IDENTIFIED UP FRONT. >> I THINK WE CAN IDENTIFY A PLAN, I'M NOT SURE WE CAN IDENTIFY THE HOME.

BECAUSE THE PLAN WOULD BE TO PURCHASE OR BUILD OR OTHERWISE

FIND A PERMANENT HOME. >> WE'LL WORK OUT THE DETAILS.

BUT YOU UNDERSTAND THE INTENT. >> YEP.

>> THE CITY IS THE LARGEST LANDOWNER IN DOWNTOWN.

WE CAN WORK SOMETHING OUT. >> BUT WE DON'T WANT TO, TO COUNTER WALTER'S POINT NOT TO BE FACETIOUS BUT IF WE HAVE THIS CONTINGENCY WE SHOULD MAKE A PLAN FOR IT.

>> I WOULD ALSO ASK THAT IF WE'RE GOING TO EXPLORE A MUNICIPAL USE FOR THE BUILDING, ALTHOUGH CHAMBER ISN'T NECESSARILY MUNICIPAL, BUT IF WE'RE GOING TO EXPLORE THAT TYPE OF USE THAT WE ALSO EXPLORE ANY INTERNAL NEEDS ON THE SHORT TERM TO MOVE ANY DEPARTMENTS OR EQUIPMENT OR UTILITIES OVER THERE. JUST SO WE HAVE COMPARISON AND WE'RE NOT GIVING AWAY SOMETHING THAT WE MAY NEED.

>> I'LL ECHO THE MAYOR'S SENTIMENTS ABOUT IT NOT COSTING THE CITY ANY MONEY ABOVE WHAT'S ALREADY BEING SPENT.

>> BECAUSE SOME OF THE SIMPLEST THINGS IS AN AIR CONDITIONER IN THE MIDDLE OF JULY. THEY'RE $20,000 FOR THESE TYPE OF AIR CONDITIONERS. AND THAT'S JUST LIKE THAT.

>> THANK YOU. >> LAURA, THANK YOU.

>> THANK YOU, LAURA. >> BY THE WAY, CONGRATULATIONS ON YOUR WINE WALK. THAT WAS EXCELLENT.

IT WAS GOOD. >> THE FIRST ONE? OKAY. AT THIS TIME -- SURE.

OH. >> I WANT TO SEE A DEFINITIVE EXIT PLAN BEFORE CO NOT AFTER. BECAUSE THEN WE HAVE TO DEAL WITH ANY TYPE OF, WE CAN'T EVICT THEM.

IF WE'RE GOING TO ASK FOR AN EXIT PLAN THEN WE NEED TO SEE

THAT AND AGREE TO THAT. >> I'M ASSUMING IT'S GOING TO BE A LITTLE BIT HARD FOR THEM TO PUT TOGETHER AN EXIT PLAN.

>> I WOULD JUST STIPULATE AT THAT POINT I DON'T WANT TO BE ON THE HOOK TO FIGURE OUT WHERE THEY HAVE TO GO.

>> WE'RE NOT GOING TO BE ENFORCING THEIR EXIT PLAN.

>> NO, WE'RE NOT. WE JUST WANT TO MAKE SURE THEY HAVE A HOME TO GO TO. BECAUSE WE EXPECT THEY'RE GOING TO BE GOING THERE. DID YOU HAVE ANYTHING ELSE?

>> I JUST WANTED TO, IF YOU DON'T MIND, IT WOULD BE MY RECOMMENDATION, WE'VE BEEN OUT OF THAT BUILDING FOR NINE MONTHS. THE AIR CONDITIONERS HAVE BEEN TURNED UP, THEY HAVEN'T BEEN RUNNING CONSTANTLY EVERY DAY.

YOU MIGHT WANT TO DO A, I KNOW ADAM HAS WALKED THE BUILDING BUT DO A DETAILED EVALUATION OF THE BUILDING TO SEE WHAT IT'S GOING TO TAKE. I KNOW THERE'S ROOF LEAKS, I KNOW THERE'S HVAC SYSTEMS THAT PROBABLY NEED TO BE DEALT WITH.

SO THERE'S GOING TO BE SOME COSTS TO RUNNING THAT THING EVERY DAY MORE THAN IT'S DOING TODAY, JUST FYI.

>> AND WE SHOULD HAVE AN ESTIMATE OF WHAT IT WOULD TAKE TO MAKE IT RUNABLE. OKAY.

[EXECUTIVE SESSION]

[02:20:03]

SO AT 8:20 WE STAND ADJOURNED TO EXECUTIVE SESSION.

WE

* This transcript was compiled from uncorrected Closed Captioning.