Jun 22, 2021 City Council

[Call to Order, Invocation, and Pledge of Allegiance. ]

[00:00:08]

>>> GOOD EVENING. IT IS 6:00 P.M., TUESDAY, JUNE 22, 2021. I NOW CALL THIS SESSION OF THE COUNCIL OF MIDLOTHIAN TO ORDER. REVEREND JACKSON WILL COME UP

AND LEAD US IN OUR INVOCATION. >> WE TAKE THIS OPPORTUNITY TO ACKNOWLEDGE YOU. YOUR WORD SAYS THAT IF WE ACKNOWLEDGE YOU IN ALL OUR WAYS YOU WILL MAKE OUR PATHS STRAIGHT. SO WE DEPEND ON YOU AND CALL ON YOU HEAVENLY FATHER, WE THANK YOU FOR BEING THERE WITH US FOR LOVING US, FOR DIRECTING US. I'M PRAYING THAT YOUR COMPASSION, YOUR WISDOM, YOUR DIRECTION YOUR GUIDANCE WOULD FILL THIS ROOM. AND HELP US, LORD, TO MODEL YOU WHICH IS LOVE, TO LOVE ONE ANOTHER.

AND TO RESPECT ONE ANOTHER TOO AS WELL.

HELP US TO SEE THE BEST OF EACH OTHER, LIFT ONE ANOTHER UP, TO CONTINUE TO BUILD BRIDGE AND IS NOT WALLS.

AGAIN, LORD, THIS IS YOUR DAY THAT YOU'VE MADE.

LET US REJOICE AND BE GLAD IN IT.

THANK YOU FOR THIS OPPORTUNITY TO SERVE YOU AND TO SERVE THE WONDERFUL CITY OF MIDLOTHIAN. AMEN.

>>> I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE WITH LIBERTY AND JUSTICE FOR ALL.

HONOR THE TEXAS FLAG, I PLEDGE ALLEGIANCE TO THEE, TEXAS, ONE STATE UNDER GOD, ONE AND INDIVISIBLE.

[2021-273 ]

>> AGENDA ITEM 2021-273. RECOGNITION OF FIREFIGHTER PARAMEDIC BRANDON ROGERS OF THE METHODIST MIDLOTHIAN MEDICAL

CENTER. >> MAYOR AND COUNCIL, WOW IT'S ON THIS WEEK, SORRY. I HOPE EVERYBODY IS DOING WELL TONIGHT. I'M PLEASED TO INTRODUCE SOME OF OUR COLLEAGUES FROM THE METHODIST HEALTH SYSTEM WHO WOULD LIKE TO SHARE AN EVENT AND ALSO RECOGNIZE ONE OF OUR FIREFIGHTER PARAMEDICS FOR HIS ACTIONS OUTSIDE OF WORK.

SO WITH METHODIST HEALTH SYSTEMS HERE TONIGHT, LAUREN, IF YOU WANT TO COME UP AND SHARE WITH THE COUNCIL THE ACTIONS THAT BRANDON TOOK. THIS HAPPENED A WHILE BACK BUT BECAUSE OF THE PANDEMIC AND OTHER EVENTS IT'S TAKEN US A WHILE TO GET TO THIS POINT WHERE WE CAN FINALLY RECOGNIZE BRANDON. LAUREN.

>> HI. THANK YOU FOR HAVING ME.

I AM THE CHAIR OF THE COMMUNITY HEALTH AND WELLNESS COUNCIL AT METHODIST MANSFIELD. WE ARE HERE TO CELEBRATE A MEMBER OF OUR COMMUNITY WHO HAS BEEN SELECTED FOR THE COMMUNITY HEALTH HERO AWARD. IT'S AN AWARD GRANTED BY OUR ORGANIZATION TO BUSINESSES OR INDIVIDUALS WHO SHARE OUR VALUES IN EXTRAORDINARY ACTS THAT SERVE OUR COMMUNITY.

BRANDON ROGERS, MIDLOTHIAN FIREMAN WAS NOMINATED FOR THIS AWARD IN JULY OF 2019 BRANDON WAS OFF DUTY DRIVING THROUGH WAXAHACHIE WHEN HE SAW A WOMAN STANDING ON A BRIDGE WHO SEEMED READY TO JUMP. BRANDON IMMEDIATELY STOPPED HIS TRUCK, SLOWLY APPROACHED THE WOMAN USING HIS TRAINING AS BOTH A FIREFIGHTER AND USING CONVERSATION TO DIRECT PEOPLE IN CRISIS, BRANDON TRIED TO KEEP HER CALM UNTIL MORE HELP COULD ARRIVE. AT SOME POINT THE WOMAN BECAME MORE DESPERATE AND APPEARED READY TO JUMP.

PUTTING ASIDE HIS OWN WELL BEING, BRANDON LUNGED FORWARD, PULLED HER TO SAFETY, AND WITH THE ASSISTANCE OF BYSTANDERS, THE WOMAN WAS SUBDUED UNTIL WATCH POLICE COULD ARRIVE ON SCENE. BRANDON PLACED HIMSELF IN DANGER THAT DAY TO HELP A FELLOW HUMAN BEING.

IF IT HAD NOT BEEN FOR BRANDON'S ACTIONS, THE STORY MIGHT HAVE HAD A REALLY TRAGIC OUTCOME. WE THANK BRANDON FOR HIS SERVICE THEN TO THE COMMUNITY AND HIS CONTINUED SERVICE TODAY.

[00:05:31]

SO I'M VERY PROUD OF BRANDON AND HIS EFFORTS AND HIS WILLINGNESS TO SACRIFICE IN THAT MOMENT AND THANK YOU FOR ALLOWING US TO

RECOGNIZE HIM TONIGHT. >> CHIEF, THANK YOU VERY MUCH.

[2021-274 ]

THE CORPORATION HAS MADE GREAT STRIDES IN THE LAST YEAR OR TWO.

THEY'RE UNDER CONSTRUCTION BUT DELAYED BECAUSE OF RAIN.

PROVIDENCE ARE HOPEFULLY SOON TO CLOSE.

BY THE END OF THE YEAR WE SHOULD HAVE ALL OF THE PROPERTY BUSINESSES SOLD AND PLATTED. THEN WE'LL TURN ATTENTION TO FOUR GOALS, PRIMARY JOBS, COMMERCIAL INFRASTRUCTURE, HIGHER EDUCATION, AND WORK FORCE DEVELOPMENT.

CHALLENGE IN FRONT OF US IS COST, COST OF CONSTRUCTION.

COUNCILMAN SIBLEY. THANK YOU.

DO YOU WISH TO ADD ANYTHING? >> THE ONLY THING I WOULD ADD TO THAT IS WE ALSO NOMINATED A NEW BOARD CHAIRMAN AND VICE CHAIRMAN ALTHOUGH THE NAMES I DON'T HAVE OFFHAND.

>> COUNCILMAN MILLER? >> YES, SIR.

AS YOU CAN IMAGINE P&Z IS AT 100 PERMITS A MONTH.

IT'S GOING CRAZY. AND JUST AS FAST AS WE CAN IT'S COMING THROUGH. AND THE MODIFICATIONS THAT P&Z IS MAKING BEFORE WE EVER SEE IT AND SOME OF THEM ARE VERY THOUGHTFUL AND I'M GLAD WE HAVE A BOARD LIKE THAT THAT IS COMING THROUGH AND MAYBE THINKING MORE OF THINGS THAT WE MISS ONCE IN A WHILE. WE'RE GOING BACK THROUGH TRYING TO STRAIGHTEN UP SOME OF THE LANGUAGE AND SOME OF OUR LAWS AND WE'RE GOING TO SEE ONE OF THOSE TONIGHT.

IT'S JUST BEEN BUSY OVER THERE. >> COUNCILMAN WICKLIFFE, I'M SORRY COFFMAN. YOU'LL BE THE LAST ONE.

>> IT'S EXCITING TIMES WITH THE 4B SALES TAX DOLLARS.

LOCALLY ARE ON THE RISE AND I JUST WANT TO, BEFORE I GIVE MY REPORT JUST GIVE A SHOUT OUT TO THE 4B MEMBERS FOR THEIR PROACTIVE APPROACH AND THEIR WILLINGNESS TO HELP TO MAKE OUR COMMUNITY BETTER. SO WITH THAT SAID, SEVERAL PROJECTS THAT THEY'VE APPROVED, SEVERAL OF THEM ARE ON OUR CONSENT AGENDA TONIGHT. SO THEY'RE IN YOUR PACKET, BUT I'LL RATTLE THEM OFF BRIEFLY. A DISC GOLF COURSE HAS BEEN APPROVED. HERITAGE WHICH WE APPROVED LAST WEEK OF 4B SPENDING THAT MONEY WHICH WILL TAKE PLACE ON SEPTEMBER 11TH. THEY HAVE RECENTLY PURCHASED FOR THE PARKS DEPARTMENT A NEW CHRISTMAS TREE AND DECOR.

THEY APPROVED SOME ON STREET BARRICADES FOR SPECIAL EVENTS TO TAKE PLACE HERE IN THE CITY. AND THEN A NEW ON STREET BANNER FOR ADVERTISING AND MARKETING THOSE EVENTS.

THEY'RE ALSO IN DISCUSSION IN ORDER TO HOPEFULLY GET A NEW LOGO AND DESIGN A NEW LOGO SOMETIME IN THE NEAR FUTURE.

SO EXCITING TIMES WITH THE 4B AND I EXPECT IT TO CONTINUE TO

BE GOOD TIMES. >> WE HAVE LIKE MENTIONED, WE HAVE EXCELLENT COMMITTEES HERE, PEOPLE TO LOOK INTO VOLUNTEERING AND HELPING THE CITY OUT AS WE GROW.

[2021-275 ]

[00:10:02]

CITIZENS WISHING TO SPEAK SHOULD COMPLETE A CITIZEN PARTICIPATION FORM AND PRESENT IT TO THE CITY SECRETARY NO LESS THAN FIVE MINUTES BEFORE. BECAUSE OF THE TEXAS OPEN ACT, WE WILL NOT RESPOND AND ENTER IN DISCUSSION, BUT STAFF WILL TAKE APPROPRIATE ACTIONS. I'LL REMIND EVERYBODY THAT THEY ARE LIMITED TO THREE MINUTES. AND I'D LIKE TO MAKE A SIDE NOTE, COUNCILMAN DARRACH HAS AN EYE INFECTION AND THAT'S WHY HE'S WEARING HIS SUNGLASSES TONIGHT.

FIRST ITEM, FIRST CITIZEN TO BE HEARD IS LISA HEELY.

YOUR NAME AND WHO YOU'RE WITH. >> HI I'M LISA HEELY.

I'M WITH MIDLOTHIAN CONSERVATIVES WHO HAVE BEEN SPEAKING AT THE SCHOOL BOARD MEETINGS.

AND YOU GUYS ARE SUPER BUSY I'M SURE.

BUT THERE WAS A SCHOOL BOARD MEETING LAST NIGHT.

THERE HAD BEEN A PETITION FILED OVER A MONTH AGO, WE STILL HAD NOT HAD ANY RESPONSE TO IT REGARDING THE APPOINTMENT OF THE DEI DIRECTOR. SO THAT'S SOME ITEM THAT WE HOPE AS CITY COUNCIL SINCE YOU'VE PARTNERED WITH THE SCHOOL BOARD ON PAST OCCASIONS, MAYBE YOU CAN FOLLOW UP TO SEE IF WE CAN'T GET AN ANSWER. BUT WE DID HAVE A SMALL VICTORY SHALL WE SAY. SEVERAL PARENTS SPOKE AND WERE ABLE TO GIVE SOME EXAMPLES OF CRITICAL RACE THEORY AND SEL THAT IS WITHIN THE MISD. AND I'D LIKE TO JUST READ ONE OF THEM. THIS WAS A QUESTION POSED IN A HISTORY CLASS AND IT READS AS FOLLOWS; WHAT WAS SLAVERY LIKE IN SOUTH CAROLINA? SOURCE ONE, INTERVIEW WITH FORMER SLAVE IN 1936, THE INTERVIEWER IS A BLACK MAN COLLECTING ORAL HISTORIES FOR THE FEDERAL WRITERS PROJECT.

SOURCE TWO, INTERVIEW WITH FORMER SLAVE IN 1936.

THE INTERVIEWER IS A WHITE WOMAN COLLECTING HISTORIES FOR THE FEDERAL WRITERS PROJECT. WHICH DO YOU TRUST MORE? WHY? NOW THE CHILD WHO WAS POSED THIS QUESTION AS YOU CAN IMAGINE WAS PUT IN A VERY UNCOMFORTABLE POSITION AND I'M SURE AS EVEN ADULTS THIS WOULD BE AN UNCOMFORTABLE QUESTION TO TRY TO HAVE TO ANSWER.

THANK YOU. SO SINCE WE GAVE THAT EXAMPLE AND SOME OTHER EXAMPLES OF TECHNOLOGY THE DISTRICT IS UTILIZING, THEY DID AGREE TO ESTABLISH A SUBCOMMITTEE TO LOOK AT ALL OF THE CURRICULUM. SO WE'RE HOPING, THEY ESTABLISHED THE MEMBERS FROM THE BOARD WHO ARE ON THE SUBCOMMITTEE, BUT WE HAVEN'T HEARD BACK IF THERE WILL BE PARENT PARTICIPATION. SO IF THERE'S ANY ABILITY FOR YOU TO ENCOURAGE THAT TO HAPPEN, WE'D GREATLY APPRECIATE IT.

THANK YOU FOR YOUR TIME. >> THANK YOU.

ASHLEY RICKETT. >> GOOD EVENING.

THANK YOU FOR ALLOWING ME TO HAVE THE TIME TO SPEAK.

>> NAME AND WHO YOU'RE WITH. >> ASHLEY RICKETT WITH THE

RICKETT FAMILY OF MIDLOTHIAN. >> OR AN ADDRESS, EITHER ONE.

>> FAMILY OF FIVE. SO I JUST WANT TO THANK YOU FOR ALLOWING ME TO COME AND SPEAK TO YOU.

WHAT I WOULD LIKE TO DISCUSS WITH YOU IS THE INFLUX OF HOUSING THAT IS COMING TO MIDLOTHIAN.

AND I JUST SEE HOUSES POPPING UP ALL OVER THE PLACE AND LAND IS BEING PURCHASED BY ALL OF THESE DEVELOPERS AND THERE'S JUST A MASSIVE EXPANSION OF GROWTH WHICH GROWTH ISN'T THAT BAD BUT WHEN YOU DO IT AT SUCH AN EXPEDITED RATE, ARE WE ACTUALLY PREPARED FOR THIS INFRASTRUCTURE WISE? IN ADDITION TO THAT WHAT MY MAJOR CONCERN IS, I DON'T KNOW IF YOU'VE LOOKED INTO THIS AND I'M NOT AWARE OF IT, BUT THE

[00:15:01]

THE HOUSING MARKET IS IN A VAST INFLUX AND THAT'S NOT JUST MIDLOTHIAN, THAT'S THE ENTIRE COUNTRY.

BUT YOU HAVE A LOT OF INVESTORS PURCHASING HOMES FASTER THAN AN INDIVIDUAL CAN EVEN GO GET A BANK OR LOAN OR EVEN SEE THE HOME. SO YOU HAVE SOMEBODY COMING IN WITH CASH, $300,000 OR $400,000 CASH AND PURCHASING THE HOME.

SO IF Y'ALL ALLOW THAT AS OUR CITY LEADERS HERE, THEN WE'RE GOING TO BE A GLORIFIED APARTMENT COMPLEX.

AND SO TO PIGGY BACK OFF OF WHAT LISA JUST SAID IS GOING ON WITH THE SCHOOLS, WE MOVED HERE SEVEN YEARS AGO BECAUSE WE WANTED OUR NICE LITTLE LAND AND TO SEND OUR KIDS TO GOOD SCHOOLS.

AND WHAT I'M SEEING IN OUR CITY IS IT'S TURNING INTO MIDLOTHIAN FOR SOCIALISM. AND THAT IS JUST NOT WHERE I WANT TO LIVE AND I DON'T THINK THAT'S WHERE A LOT OF PEOPLE WANT TO LIVE. SO WHAT WE'RE SEEING, WE'RE GOING TO LIVE IN A GLORIFIED APARTMENT COMPLEX IF WE ALLOW ALL OF THESE INVESTORS TO PURCHASE OUR HOMES AND RENT THEM OUT TO PEOPLE. BECAUSE OWNING PROPERTY IS DIRECTLY RELATED TO YOUR FREEDOM.

SO THAT'S THAT. I HOPE YOU GUYS LOOK INTO IT.

>> THANK YOU. >> THANK YOU.

>> NEXT SPEAKER IS MIRANDA LEONARD.

JACE MUNOZ. I DON'T SEE JACE.

THAT'S ALL OF THE CITIZENS TO BE HEARD SHEETS I HAVE.

[CONSENT AGENDA ]

THAT YOU WISH TO BE REMOVED? >> 280.

>> 280? OKAY.

ITEM 280 WILL BE DISCUSSED. ARE THERE ANY OTHERS? DO I HAVE A MOTION PLEASE? MOTION TO APPROVE AS PRESENTED WITHOUT 280. PLEASE VOTE.

CONSENT AGENDA PASSES BY 7-0. I OPEN ITEM 2021-280 FOR

[2021-280 ]

>> GOOD EVENING CITY COUNCIL. THE FIRST BAPTIST CHURCH CAME TO US, THEIR YOUTH GROUP ABOUT THE OPPORTUNITY TO INSTALL A NINE HOLE FRISBEE GOLF INTO A FLOODPLAIN AREA THAT'S NEVER GOING TO BE DEVELOPED. WE HAD WORKED ON THIS A COUPLE OF YEARS BACK AND REALLY GOT STUCK ON THE COST WISE OF WHAT A PARKING LOT WOULD COST, CONTINUED MAINTENANCE OF WHAT A PROJECT WOULD COST PLUS THE OVERALL COST OF THE PROJECT.

AND WE MORE OR LESS HAD TABLED IT INTO A LATER TIME UNTIL WE COULD FIND A LOCATION AND SO FORTH.

AND THEN WHEN THE FIRST BAPTIST CHURCH BROUGHT IT TO US, THEY HAD THE LOCATION RIGHT SOUTH OF THEIR YOUTH BUILDING.

SO THIS IS GOING TO ALLOW US TO PUT NINE HOLE FRISBEE GOLF IN THERE, WE'RE GOING TO PAY FOR CONSTRUCTION COSTS AND THE COST OF THE RINGS AND STUFF WHEN YOU SHOOT THE HOLES IN.

AND THEY HAVE TO PUT A LITTLE BRIDGE IN.

SO THIS IS WHAT THE $40,000 IS GOING TO COST.

FOR US AS A BOARD, IT'S AN INCREDIBLE SAVINGS.

US AS A CITY, WE DON'T HAVE TO DO THE MAINTENANCE, WE DON'T HAVE TO DO ANYTHING WITH THAT GOLF COURSE, THEY ARE GOING TO MAINTAIN IT AND TAKE CARE OF IT. IT WOULD BE OPEN TO THE PUBLIC ALL THE TIME EXCEPT FOR SUNDAY MORNINGS AND WEDNESDAY NIGHTS.

THOSE ARE THE TWO TIMES THEY WOULD LIKE TO RESERVE FOR THEIR YOUTH GROUP TO USE THE PARK. SO WE ALL VOTED 7-0 TO PASS IT.

FOR US WE THOUGHT IT WAS AN INCREDIBLE MONEY SAVINGS FOR THE BOARD AND FOR THE CITY. THERE WILL BE SIGNS POSTED.

[00:20:02]

BUT AS I RESEARCHED IT I WANT TO KNOW HOW THEY DESIGNED IT, HOW DID YOU LAY IT OUT. AND IT WAS INTERESTING BECAUSE THEY REACHED OUT TO A PROFESSIONAL LEAGUE AND WENT OVER THIS IS THE REAL ESTATE WE HAVE, THIS IS WHAT WE'RE THINKING. AND THE TWO OF THEM WORKED TOGETHER AND WHEN THEY BROUGHT IT TO US, THEY HAD A LAYOUT JUST LIKE YOU WOULD FOR A GOLF COURSE.

THIS IS HOLE ONE, HOLE TWO, HOLE THREE.

EVERYTHING WAS LAID OUT ON THAT PROPERTY.

AND IF THE NINE HOLE WORKS AND THE COMMUNITY RESPONDS REALLY WELL TO IT, WE HAVE AN OPPORTUNITY TO EXPAND IT FROM 9 TO 18 FOR $40,000 MORE. SO EVEN IF 18 HOLES AT $80,000 IS SO MUCH CHEAPER THAN US INSTALLING IT INTO A PARK OR BUYING PROPERTY. AND OUR BIGGEST HOLD UP HAS ALWAYS BEEN THE COST OF A PARKING LOT.

THAT'S THE BIGGEST EXPENSE. BUT THEY HAVE THE PARKING LOT ALREADY WITH THEIR YOUTH GROUP BUILDING.

THEY'RE GOING TO PUT THE SIGNS UP, LIKE IT WILL TELL YOU FOR FRISBEE GOLF WHERE YOUR PARKING AREA IS.

IT'S GOING TO BE A REALLY LAID OUT JUST LIKE A GOLF COURSE.

>> SO YOU'RE NOT GOING TO HAVE TO BUILD ANYMORE PARKING?

>> NO, SIR. THE PARKING IS ALREADY THERE.

SINCE THEY'RE PROVIDING THE MAINTENANCE, IF SOMETHING DOES GET BROKE IN THE FUTURE, THEY'RE GOING TO COVER THE COST.

WE ASKED THEM ABOUT HOSTING LEAGUES, THE YOUNG MAN WHO PRESENTED IT TO US DEFINITELY WANTS TO HOST, HE WANTS TO DO CHURCH LEAGUES BUT HE ALSO WANTS TO DO PUBLIC LEAGUES.

SO THERE'S A LOT OF PEOPLE IN TOWN THAT PLAY IT THAT I REALLY DIDN'T KNOW UNTIL WE GOT STARTED RESEARCHING THIS TWO YEARS AGO.

ANY OTHER QUESTIONS? >> I WOULD LIKE TO MAKE A QUICK STATEMENT. AS YOU KNOW I WAS IN ALL OF THOSE MEETINGS AS WELL. MY ONLY CONCERN, I SEE THIS AS A WIN/WIN ACROSS THE BOARD. MY ONLY CONCERN GOING IN WAS IS THERE SOMETHING HOLDING THE CHURCH TO KEEPING THAT DISC GOLF COURSE FOR A PERIOD OF TIME AND I BELIEVE THE ATTORNEYS DREW UP A FIVE YEAR COMMITMENT AND THE CHURCH ITSELF DOESN'T HAVE ANY PLANS TO TAKE THE GOLF COURSE DOWN.

IT'S HIGHLY UNLIKELY, BUT THERE IS AT LEAST A FIVE YEAR

GUARANTEE. >> OTHER QUESTIONS?

>> I'LL MOVE TO APPROVE. >> SECOND.

>> LET'S CLOSE FIRST. DO WE HAVE A MOTION TO CLOSE?

>> MOTION TO CLOSE. >> THIS IS CONSENT AGENDA.

>> I THOUGHT IT WENT TO THE PUBLIC.

DO WE HAVE A MOTION TO APPROVE? AND A SECOND? PLEASE VOTE. ITEM PASSES 7-0.

>> APPRECIATE IT GUYS. >> THANK YOU.

[2021-281 ]

HERETO BY CHANGING AND ZONING FROM AGA ZONING DISTRICT TO PLANNED DEVELOPMENT DISTRICT NO. 143 TO ALLOW FOR A COMMERCIAL COMMUNICATION TOWER TYPE TWO USE.

THE PROPERTY IS GENERALLY LOCATED AT 751 APPLE LANE.

TRENT. >> THEY'RE REQUESTING CHANGE OF PROPERTY ZONING FROM AGRICULTURAL DISTRICT TO PLANNED DEVELOPMENT DISTRICT. A COMMUNICATION TOWER TYPE TWO IS NOT PERMITTED BY RIGHT IN THE AGRICULTURAL DISTRICT, NOR IS IT PERMITTED BY A SPECIFIC USE PERMIT IN THE AGRICULTURAL DISTRICT. THAT'S THE REASON THEY'RE REQUESTING A PLANNED DEVELOPMENT.

THE PROPOSED REQUEST AS I MENTIONED BEFORE IN PREVIOUS CITY COUNCIL MEETINGS PRIOR TO BEING CONTINUED, THEY ARE MEETING ALL OF THE SETBACK REQUIREMENTS AND ALL OF THE OTHER REQUIREMENTS AS SET FORTH IN THE ZONING ORDINANCE.

HERE IS THE LOCATIONS OF A PLANNED DEVELOPMENT ADDITION SHOWN IN FRONT OF YOU. IT SHOWED A TOWER THAT'S APPROXIMATELY 124 FEET WITH A 4-FOOT LIGHT REQUIRED BY THE FEDERAL AVIATION FOR LIGHTING. THEY HAVE COME BACK SINCE THE LAST TIME, THEY CAME BACK TO THE CITY AND DECREASED THAT HEIGHT TO 109 FEET WITH THAT 4-FOOT THAT'S REQUIRED FOR THE LIGHTING BY THE FEDERAL AVIATION BOARD. THAT PUTS IT AT 113 FEET.

THAT'S ONE THING THEY ARE REQUESTING TO AMEND AT THIS

[00:25:03]

-- A LEGAL NONCONFORMING USE. WITHIN THE MODULE STAFF FEELS THIS IS INCONSISTENT WITH THE PROPOSED LAND USE DESIGNATION.

WE'VE BEEN WORKING WITH THE APPLICANT AS WE DO EVERY CASE THAT WE BRING BEFORE YOU. WE BRING THE BEST PROJECT FORWARD, WE TRY TO BRING THEM EVERY POSSIBLE SCENARIO, HAVE THEM BRING IMAGES OF EXISTING CELL TOWERS IN CITIES AROUND VARIOUS USES. THIS IS WHAT THESE IMAGES ARE FROM THE APPLICANT SHOWING TOURIST.

THIS IS A SIMILAR FENCE THAT WOULD BE SURROUNDING THE TOWER.

HOWEVER IN ADDITION TO THIS, THEY'RE GOING TO HAVE LANDSCAPING SURROUNDING ALL FOUR SIDES OF THIS AREA AS YOU'LL SEE ON THE SITE PLAN. ONE THING THAT STAFF DID HAVE CONCERNS ABOUT WAS A CELL TOWER, COMMUNICATION TOWER TYPE TWO WHICH BEING LOCATED IN THE EXISTING RESIDENTIAL NEIGHBORHOOD. THESE IMAGES ARE ALL OF CELL TOWERS, A SIMILAR TYPE TO WHAT'S GOING TO BE CONSTRUCTED.

THEY DO HAVE DIFFERENT HEIGHTS SUCH AS 128 FEET, 157 FEET.

THESE TOURIST FROM WHAT I UNDERSTAND WERE IN EXISTENCE PRIOR TO THE HOUSES BEING CONSTRUCTED.

AS YOU CAN SEE THIS INFORMATION IS PROVIDED BY THE APPLICANT, THE HOUSES WERE CONSTRUCTED IN 2002.

TOWER CONSTRUCTED IN 14, 16. AND THAT GOES FOR ALL OF THESE.

THESE WERE THE IMAGES WE REQUESTED AND THE APPLICANT WAS ABLE TO BRING BACK OF WHAT THE DIFFERENT TYPES OF TOWERS LOCATED WITHIN EXISTING RESIDENTIAL COMMUNITIES.

WITH THAT, I'LL KEEP THIS BRIEF SINCE YOU'VE ALL HEARD THIS BEFORE. WE SENT OUT NOTICES TO SEVEN PROPERTY OWNERS WITHIN 200 FEET. EIGHT PROPERTY OWNERS WITHIN 200 FEET. SIX CAME BACK IN OPPOSITION, ONE CAME BACK IN FAVOR. WITH THAT WE RECEIVED 41 NOTICES OUTSIDE THE 200-FOOT BUFFER IN OPPOSITION.

AND WE RECEIVED 84 NOTICES OUTSIDE THE 200-FOOT BUFFER IN

FAVOR OF THE PROPOSED TOWER. >> SHOW ME THOSE NUMBERS AGAIN.

>> ABSOLUTELY. SO I'LL START WITH THE OPPOSITION. WE RECEIVED SIX WITHIN THE 200-FOOT BUFFER. THAT'S THE BUFFER THAT WE HAVE TO NOTIFY FOR ANY CASE. THOSE DID TRIGGER THE SUPER MAJORITY VOTE. AND OUTSIDE OF THAT 200-FOOT BUFFER, WE RECEIVED 41 LETTERS IN OPPOSITION.

IN FAVOR, WE RECEIVED ONE LETTER OF SUPPORT WITHIN THAT 200-FOOT BUFFER. AND WE RECEIVED 84 OUTSIDE OF THE 200 FEET. AND THAT WAS BY 3:30 TODAY.

I CAN ANSWER ANY QUESTIONS AT THIS TIME.

>> WE HAVE SOME SPEAKERS FIRST. I DO ASK THAT EVERYBODY STICK TO THREE MINUTES OR LESS. THERE ARE SEVERAL OF Y'ALL SPEAKERS. I'LL GIVE YOU A ONE MINUTE

WARNING. >> THANK YOU.

AND THE APPLICANT DOES HAVE A PRESENTATION WHEN YOU'RE READY.

>> DO YOU WANT TO GO FIRST? OKAY.

>> MR. MAYOR, CITY COUNCIL, THANK YOU FOR THE TIME.

MY NAME IS STEVE WOODY, 497 RIDGE POINT DRIVE.

I'VE DEVELOPED THOUSANDS OF THESE SITES ACROSS THE COUNTRY.

I'M HERE TO REPRESENT A FEW PEOPLE, I WOULD LIKE TO INTRODUCE DAVID AND SUSAN SCHWARTZ, THE PROPERTY OWNERS.

AT&T WIRELESS WOULD BUILD THE TOWER.

OUR LEGAL COUNSEL IS HERE FROM THE LAW FIRM OF HUTCH AND BLACKWELL. AND I HAVE LEEANN DODSON.

I'M HERE TONIGHT TO SPEAK ON THEIR BEHALVES.

THE FIRST THING I WANT TO DISCUSS WITH YOU TONIGHT IS WHY AT&T HAS SELECTED SCHWARTZ PROPERTY FOR THE PROPOSED CELL SITE AND WHY IT IS THE OPTIMUM LOCATION FOR AT&T'S WIRELESS NETWORK. IT'S IMPORTANT THAT YOU UNDERSTAND AT&T'S GOALS AND HOW THEY SELECT PROPERTIES.

THEY WANT TO MEET DEMANDS OF THEIR WIRELESS CUSTOMERS IN MIDLOTHIAN AND THE COUNTRY. THERE ARE THOUSANDS OF CUSTOMERS IN MIDLOTHIAN AND THEY DEMAND SEAMLESS WIRELESS COVERAGE, NO DEAD SPOTS, CUSTOMERS ALSO DEMAND THE LATEST WIRELESS TECHNOLOGIES, THE LATEST PHONES, AND THEY WANT ALL OF THESE THINGS FOR THEEST COST POSSIBLE.

SO CELL SITES ARE VERY EXPENSIVE.

[00:30:01]

AT&T OPERATES A NATIONWIDE NETWORK BUT IS BUILT ONE TOWN AND ONE COUNTY AT A TIME. THE PROPOSED CELL SITE IS NOT AN ISLAND OF COVERAGE, IT FITS INTO AN OVERALL PLAN FOR YOUR COMMUNITY. A GREAT DEAL OF PLANNING GOES INTO EVERY CELL SITE LOCATION. AT&T EMPLOYEES THOUSANDS OF RADIO FREQUENCY ENGINEERS THAT DESIGN, UPGRADE, AND CONSTANTLY WORK TO ENHANCE THEIR WIRELESS NETWORK.

THEY HAVE DEFINED COVERAGE OBJECTIVES FOR EACH CELL SITE THEY EMPLOY. TO SHOW YOU A LITTLE BIT OF THE COVERAGE OBJECTIVES, I NEED TO GO OVER THE COVERAGE MAPS AND BEAR WITH ME A LITTLE BIT HERE AS I USE THIS.

OKAY. IT'S A LITTLE BIT HAZY, BUT THIS FIRST MAP SHOWS YOU THE EXISTING CELL SITES IN MIDLOTHIAN.

SO THE ONES THAT ARE COLORED IN ARE EXISTING CELL SITES.

THESE ARE TOWERS OR I THINK ALL OF THESE ARE TOWERS.

SO WE HAVE EXISTING SITES HERE. THIS IS OUR PROPOSED SITE ON APPLE COURT. THESE OVER HERE ARE OUR SITES THAT WILL BE PROPOSED LATER TO KEEP ENHANCING THE COVERAGE HERE. SO THESE ARE THE EXISTING ONES.

SO THIS FIRST SLIDE SHOWS YOU WHAT OUR COVERAGE IS.

I KNOW IT'S A LOT OF SPLOTCHES OF COLOR.

BASICALLY THE HOTTER THE COLOR, THE BETTER THE COVERAGE.

THAT'S YOUR GREAT IN BUILDING COVERAGE.

AS IT GETS TO BLUE NOW YOU'RE DROPPING CALLS, YOU DON'T HAVE ANY RELIABLE COVERAGE. SO THE WARMER THE COLOR, THE BETTER. FOR JUST A MINUTE, IGNORE THESE THREE LITTLE THINGS RIGHT HERE. WE'LL TALK ABOUT THOSE LATER.

BUT AGAIN AS YOU CAN SEE RIGHT HERE, THIS IS OUR PROPOSED COVERAGE AND YOU CAN DEFINITELY SEE THE COOLING COLORS HERE.

WE DEFINITELY HAVE A BIG GAP. THERE'S A LARGE COMMUNITY OUT HERE, A LOT OF CUSTOMERS. ONE OF THE BIG THINGS, LET ME GET TO THE OBJECTIVES BASICALLY. SO FILL THIS COVERAGE GAP, THAT'S NUMBER ONE. PROVIDE THE CITIZENS IN THIS AREA WITH COVERAGE, OR BETTER ENHANCED COVERAGE.

AS YOU CAN SEE IN BUILDING IS VERY POOR.

WHEN YOU START GETTING TO YELLOW AND GREEN YOU DON'T HAVE GOOD IN BUILDING COVERAGE AT ALL. THAT'S WHERE YOU'RE HAVING TO WALK TO ONE SIDE OF YOUR HOUSE AS WE'VE ALL DONE.

THAT'S THE NUMBER ONE THING IS TO FILL THIS COVERAGE GAP BETWEEN MT. ZION ROAD AND 875. WE ALSO NEED TO OFFLOAD TRAFFIC.

THIS IS UP HERE BY KROGER, THIS IS A LITTLE BIT EAST OF KROGER.

THIS IS HIGHLY TRAFFICKED, SO THEY REALLY NEED TO OFFLOAD SOME OF THIS TRAFFIC HERE WHEN IT'S REALLY HIGH CALL VOLUMES, THEY CAN USE THIS SITE TO OFFLOAD SOME OF THAT.

SO THAT'S A BIG CRITERIA FOR THIS SITE.

ENHANCED COVERAGE ALONG HIGHWAY 663 WHICH IS RIGHT HERE.

MCALPIN ROAD, I HOPE I SAID THAT RIGHT.

TRY TO ENHANCE THIS AS YOU SEE THIS BLUE AREA RIGHT HERE THAT'S VERY POOR COVERAGE. SO WE'RE TRYING TO FILL IN ALL OF THIS. SO THE NEXT SLIDE, IT SHOWS YOU WHAT OUR COVERAGE WILL LOOK LIKE AFTER THAT.

AND AS YOU CAN SEE RIGHT OFF THE BAT, IT CONNECTS VERY WELL UP HERE TO THIS SITE. SO IT'S GOING TO HELP OFFLOAD COVERAGE. IT'S GOING TO FILL THIS GAP, IT'S VERY POPULATED. IT'S GOING TO COVER ALL OF THESE CITIZENS OUT HERE. IT'S GOING TO PUT A PRETTY GOOD, RIGHT HERE IT'S NOT SO POPULATED.

SO YOU DON'T NEED TO HAVE SUCH HIGH CALL VOLUMES HERE.

BUT AGAIN IT'S GOOD COVERAGE, IT'S IN BUILDING.

IT DEFINITELY COVERS THIS HIGH VOLUME TRAFFIC HERE ON THIS ROAD. SO BASICALLY IF YOU START MOVING ONE WAY OR THE OTHER, YOU CAUSE PROBLEMS AND GAPS IN COVERAGE.

NOW WE WERE ASKED BY STAFF ORIGINALLY WERE THERE OTHER SITES THAT WERE COMMERCIAL BECAUSE THIS IS NOT A COMMERCIAL PROPERTY. IF WE COULD FIND COMMERCIAL PROPERTIES THAT WOULD WORK. NOW I'VE GOT TO FIND THE, THERE IT IS. SO THIS IS THE SITE, AND THERE WERE ONLY IN THIS AREA WHICH YOU'RE LOOKING AT ABOUT A QUARTER MILE RADIUS OF WHERE WE CAN PUT THIS TOWER FOR THE CELL SITE. THERE ARE ONLY THESE PROPERTIES AND THESE PROPERTIES ARE WAY TOO SMALL FOR A SITE.

THEY'RE COMPLETELY FILLED UP WITH BUILDINGS, THERE'S NO ROOM ON THESE SITES. SO WE HAD TO LOOK OUT AND EXPAND. ALL OF THESE COLORS HERE ARE AGRICULTURAL, RESIDENTIAL, THERE'S A LOT OF RESIDENTS IN HOMES. JUST THE WHOLE AREA IS THAT WAY.

SO THE NEAREST PLACES WE COULD FIND THAT WOULD NOT HAVE TO GO THROUGH THE SAME PROCESS IS OVER HERE SOME PROPERTY WITHIN THE COUNTY, THIS IS ON THE CEMENT MINE FACTORY, SAND PIT, DOWN

[00:35:04]

SO THIS WAS AS CLOSE AS WE COULD GET WHERE THERE WAS INFRASTRUCTURE AND LAND THEY WEREN'T MINING.

THAT'S WHY I SELECTED THESE PROPERTIES.

NOW I'LL GO BACK TO THE COVERAGE.

AND THIS IS THE FIRST ITEM WE SELECTED.

IT DOESN'T DO ANYTHING TO FILL THE GAP, IT DOESN'T COVER 663, IT'S NOT GOING TO OFFLOAD AND IT DOESN'T FIT THE COVERAGE OBJECTIVES. THIS IS THE SECOND ONE WE LOOKED AT. SAME THING AS YOU CAN SEE THE BLUE, DOES NOT COVER THIS GAP AT ALL.

DOESN'T OFFLOAD THAT SITE. AND THEN THE LAST ONE SAME PROBLEMS. IT'S NOT GOING TO COVER THIS GAP, IT'S NOT GOING TO COVER THE HIGHWAY.

IT'S NOT GOING TO COVER MCALPIN ROAD.

THOSE WERE THE SITES WE LOOKED AT BASED ON WHAT WE WERE ASKED TO DO. ARE THERE OTHER SITES OUT THERE? POSSIBLY BUT THOSE ARE THE SITES THAT WOULDN'T REQUIRE US TO COME BACK TO THIS BOARD FOR THE EXACT SAME THING.

SO THAT'S THE COVERAGE OBJECTIVES.

BEFORE I MOVE ON, I JUST WANT TO STRESS THAT THE SCHWARTZ PROPERTY IS THE OPTIMUM LOCATION FOR THE CELL SITE.

THE FURTHER WE MOVE AWAY FROM IT, THE MORE COVERAGE WILL SUFFER. WHAT YOU TYPICALLY HAVE WHICH MOST COMMUNITIES AVOID AT ALL COSTS IS THE PROLIFERATION OF TOWERS, IF YOU MOVE THIS ONE WAY OR THE OTHER TOO FAR, YOU'LL PROBABLY END UP LATER ON WITH THERE BEING ANOTHER CELL SITE LATER ON. I WANT TO DISCUSS THE DESIGN OF THE CELL SITE. SINCE THE BOARD OF ADJUSTMENTS MEETING, WE'VE MADE SOME ADJUSTMENTS TO THE TOWER.

AND I DO WANT TO SAY WE'RE GOING TO REDUCE THE SITE 15 FEET.

SO I THINK HE SAID 110. BUT ON MY DRAWINGS IT SHOULD HAVE SHOWN 105 FEET. ARE THE DRAWINGS ON THIS? THEY ARE, AREN'T THEY? 105 FEET IS WHAT WE PROPOSED WITH A 4-FOOT LIGHTNING ROD. I WANT TO SET THE RECORD STRAIGHT ON THAT SO THERE'S NO CONFUSION.

WE LOOKED AT A WAY, HOW CAN WE REDUCE THE IMPACT ON THE COMMUNITY. OBVIOUSLY IT'S A COMMUNICATION TOWER, YOU CAN ONLY DO SO MUCH. THE ONE THING WE CAN COME UP WITH IS LOWER THE HEIGHT AS MUCH AS POSSIBLE.

OUR ENGINEERS STUDIED IT AND SAID WE CAN STILL MEET OUR COVERAGE OBJECTIVES. WE CAN LOWER THIS 15-FOOT SO WE'VE DONE THAT. THE SECOND THING THAT WE TALKED ABOUT WAS THERE SEEMED TO BE IN THE BOARD OF ADJUSTMENT A LOT OF CONCERN ABOUT THE ACCESS ROAD. SO WE HAD PROPOSED AN ACCESS ROAD RIGHT HERE COMING OUT ON APPLE COURT.

AND THERE SEEMED TO BE A LOT OF OBJECTIONS TO THAT BECAUSE YOU GET A LOT MORE TRAFFIC HERE BUILDING THIS ROAD, THAT IS JUST SOMETHING THAT THE COMMUNITY DIDN'T WANT.

WE TALKED TO MR. SCHWARTZ WHO ORIGINALLY DIDN'T WANT TO DO THIS BUT HE'S DECIDED TO DO THIS.

WHAT WE'D LIKE TO PROPOSE AND MAYBE IT WOULD BE AN AMENDMENT TO THIS PD IF YOU DO RECOMMEND APPROVAL, WE WOULD AGREE TO NEVER BUILD A ROAD HERE, WE WOULD ACCESS ONLY TO APPLE LANE AND KEEP EVERYTHING THE SAME. WE WOULD STILL HAVE THE PD, BUT A STIPULATION WE WOULD BASICALLY BUILD THE ROAD RIGHT HERE, CONNECT TO MR. SCHWARTZ EXISTING ACCESS AND JUST ACCESS HERE, THAT WAY IT WOULD NOT INCREASE ANY TRAFFIC DOWN HERE ON APPLE COURT. I WOULD THROW THAT OUT THERE THAT THAT'S SOMETHING WE'RE MORE THAN WILLING TO DO IF THE COUNCIL DESIRES. FINALLY I'D LIKE TO DISCUSS THE SAFETY OF CELL SITES AND SOME OF THE BENEFITS.

THE INFORMATION I'M ABOUT TO SHARE WITH YOU IS FROM THE FEDERAL COMMUNICATIONS COMMISSION.

IT'S THE OFFICE OF ENGINEERING AND TECHNOLOGY.

WIRELESS TOWERS AND PHONES COMMUNICATE BY RF WAVES WHICH ARE A FORM OF ENERGY IN THE ELECTROMAGNETIC SPECTRUM BETWEEN FM RADIO AND MAI RAH WAVES. THE ENERGY OF RF WAVES GIVEN OFF BY CELL PHONE TOWERS CANNOT BREAKDOWN DNA MOLECULES.

IN GROUND LEVEL NEAR A TYPICAL RADIO CELL PHONE TOWER, THE AMOUNT OF RF ENERGY IS THOUSANDS OF TIMES LESS THAN THE LIMITS OF SAFE EXPOSURE SET BY THE FCC. THE WORLD HEALTH ORGANIZATION SAYS THERE IS NO EVIDENCE THAT THE WEAK SIGNALS FROM WIRELESS NETWORKS CAUSE ADVERSE EFFECTS. SOME OF THE BENEFITS OF THIS CELL SITE WOULD BE INCREASED 5G COVERAGE WILL GREATLY ASSIST THE CITIZENS OF MIDLOTHIAN WHO ARE WORKING FROM HOME MORE AND MORE.

THE PANDEMIC WE HAVE LIVED THROUGH HAS CHANGED ALL OF OUR LIVES. IT IS CLEAR THAT A LARGE PORTION OF US WILL CONTINUE TO WORK FROM HOME FOR THE FORESEEABLE FUTURE.

TECHNOLOGY SUCH AS THIS WILL ALLOW THAT TO HAPPEN.

IT WILL SUPPORT AT&T'S FIRST NET NETWORK, IT WILL ALLOW PUBLIC

[00:40:04]

FIRST NET OFFERS A DEDICATED NETWORK THAT ALLOWS CROSS AGENCY COMMUNICATIONS ON THE NETWORK DURING EMERGENCIES.

AT&T IS THE OFFICIAL PARTNER BEHIND FIRST NET.

AND ONE STATISTIC TO THROW OUT THERE, THERE ARE 240 MILLION 911 CALLS MADE EACH YEAR AND 90% OF THOSE ARE MADE FROM CELL PHONES.

WE ASK THAT THE COMMISSION APPROVE OUR PETITION SO WE CAN PROVIDE SERVICES THIS GROWING COMMUNITY NEEDS NOW AND INTO THE FUTURE. IF THIS PETITION IS DENIED IT WILL SEVERELY LIMIT AT&T'S ABILITY TO SUPPLY THEIR CITIZENS WITH THE LEVEL OF COVERAGE THEY DEMAND.

HAPPY TO ANSWER ANY QUESTIONS. IT'S A LOT OF INFORMATION.

IF YOU HAVE ANYTHING FOR ME, IF NOT --

>> I WANT TO CLARIFY THE HEIGHT IN OUR PACKET.

UNDER EXHIBIT B WHICH YOU SHOWED EARLIER, IT DOES SAY 124 FEET TO THE TOP OF THE LIGHTNING ROD AND YOU'RE SAYING IT'S GOING TO BE

105? >> IT WOULD BE 105 FEET, WE'LL HAVE A 4-FOOT LIGHTNING ROD. SO THAT'S A 15-FOOT REDUCTION IN HEIGHT. INDUSTRY STANDARDS, I'VE BEEN DOING THIS FOR 25 YEARS. THAT IS A VERY SMALL, THE MONOPOLES ARE VERY SMALL IN DIAMETER.

MOST COMMUNITIES AROUND THE COUNTRY, THIS IS THE REQUIRED AND SPECIFIED TYPE OF TOWER THEY WANT TO USE.

THIS TOWER IS SITTING IN THE CENTER OF A 16 ACRE PARCEL.

THE SETBACKS WE MEET AND EXCEED BY QUITE A BIT.

THE EXISTING STANDARDS YOU HAVE FOR EXISTING COMMUNICATION TOWERS IN THE COMMUNITY. FROM MY EXPERIENCE THIS IS MOST ZONING ORDINANCES AROUND THE COUNTRY WOULD FIND THIS FAVORABLE. ANYMORE QUESTIONS?

>> DO YOU HAVE A QUESTION? AFTER WE HEAR FROM THE CITIZENS

WE MIGHT COME BACK TO YOU. >> THANK YOU.

>> AGAIN I ASK EVERYBODY TO STAY UNDER THE THREE MINUTES.

THERE ARE TEN PLUS OF Y'ALL TO SPEAK.

I'LL TAKE THEM IN THE ORDER I RECEIVED THEM.

TINA WARD, YOUR NAME AND ADDRESS, PLEASE.

AND I'LL GIVE YOU A ONE MINUTE WARNING.

>> MY NAME IS TINA WARD, I LIVE AT 1321 APPLE COURT.

I'M DIRECTLY WEST OF THE PROPOSED LOCATION OF THE TOWER.

ONE THING THAT WAS NOT ON THE MAP LOCATION IS WE HAVE A TOWER IN OUR NEIGHBORHOOD AND IT'S ABOUT A QUARTER MILE FROM ALL OF US THAT HOUSES SEVERAL DIFFERENT ANTENNAS.

WE USED TO HAVE INTERNET SERVICE ON THERE BUT AS MOST PEOPLE KNOW THAT INTERNET SERVICE IS BETTER HARD WIRED AND NOT WIFI.

SO SEVERAL TIMES THROUGHOUT THIS PROCESS IT HAS BEEN MENTIONED THAT THIS WOULD BE BETTER FOR KIDS, THIS WOULD BE BETTER FOR WORKING, BUT WIFI IS NOT BETTER. YOU HAVE TO HAVE HARD WIRED LINES TO YOUR HOUSE TO HAVE CONNECTION ALL THE TIME.

I MEAN MOST OF US HAD TO DO IT ALL THE TIME DURING THE WHEN WE WERE HOME FOR COVID WORKING WITH THE SCHOOLS, WE DROPPED CONNECTION ALL THE TIME. SO THAT'S ONE THING THAT REALLY NEEDS TO BE TALKED ABOUT, THIS IS NOT INTERNET RELATED, THIS IS CELL PHONE. THIS IS NOT BETTER COVERAGE FOR EVERYONE IN MIDLOTHIAN. IT MAY OR MAY NOT HELP THOSE WHO HAVE AT&T SINCE BOTH CAPABILITIES ARE 5G AND 4G.

THEIR MAP ONLINE SHOWS IT, THEIR CUSTOMER SERVICE SAYS IT WHEN YOU CALL THEM. SO A LOT OF THIS IS MISINFORMATION THAT WE'RE GETTING, THE HOMEOWNER POSTED SON ITEMS ON SOCIAL MEDIA SAYING THAT IT WAS FOR ALL OF MIDLOTHIAN. THEY'RE REQUESTING HOW COME APPLE COURT IS ALWAYS COMPLAINING, MOST OF US HAVE LIVED IN THIS AREA FOR 20 YEARS IN THAT LOCATION.

SO WE ALREADY HAVE TWO CELL TOWERS, WE HAVE SEVERAL CELL TOWERS GOING UP. THAT LOCATION, ALL OF US HAVE CELL SERVICE. THEY'RE SAYING THERE IS A DEAD ZONE AND THAT'S USUALLY BETWEEN 663 AND 875.

AND AT&T WHEN I CALLED AND TALKED TO THEM ABOUT COVERAGE IN THAT AREA FOR MY PARENTS WHEN THEY MOVED TO ROSEBUD, THEY SAID THEY HAVE COVERAGE THERE. EVEN THOUGH SOME OF THOSE LINES ARE SHOWING DIFFERENT COLORS, THAT'S A QUARY BACK THERE, THERE'S NO RESIDENTS BEHIND US, IT'S AN EMPTY QUARY.

A LOT OF THE STUFF WE ARE NOT WANTING IN OUR NEIGHBORHOOD.

WE'VE ASKED FOR MORE INFORMATION, WE JUST GET SOME REMARKS SAYING THAT WE'RE COMPLAINING AND THIS IS NOT.

WE'VE INVESTED A LOT OF MONEY INTO THESE PROPERTIES AND WE'VE LIVED HERE FOR YEARS. I DON'T WANT TO BRING UP THE DREADED WORD ANNEXATION. BUT WHEN WE MOVED OUT THERE, WE

[00:45:02]

AND ONCE THIS TOWER IS IN THE GROUND EVEN THOUGH THEY SAY IT'S 100 FEET OR 105 AND WHATEVER THEY'RE DOING, THEY CAN COME BACK LATER AND RAISE IT. THEY DO HAVE TO COME IN FRONT OF THE CITY TO DO THIS BUT THERE ARE ACTS AND STATUTES THAT THEY CAN COME AND RAISE THIS. SO I THINK THAT NEEDS TO BE IN CONSIDERATION TOO, THAT IF THAT'S GOING TO GO FORWARD, THAT NEEDS TO BE LOOKED AT. A LOT OF TIMES WHEN THOSE GET GENERATED AGAIN, THE CITY REALLY CAN'T COME BACK AND IMPOSE ANY RESTRICTIONS ON THIS. THANK YOU.

>> HI, MY NAME IS LEEANN DODSON. I'M A RESIDENT BUT I'M ALSO REPRESENTING AT&T. SO I APPRECIATE YOU GIVING ME THE OPPORTUNITY TO SPEAK. I DID WANT TO COME SPEAK IN SUPPORT OF THE LOCATION OF THE TOWER.

STEVE GAVE A LOT OF INFORMATION SO I WILL BE VERY BRIEF.

BUT THE LOCATION WAS PICKED BY OUR NETWORK ENGINEERING TEAM THAT I WORK VERY CLOSELY WITH. SO THEY TRY TO PICK THE LOCATIONS THAT ARE GOING TO BE MOST OPTIMAL AND SUPPORT THE NETWORK SO THAT WE PROVIDE THE BEST CUSTOMER SERVICE POSSIBLE.

I THEN GO TRY TO FIND THAT REAL ESTATE AND LEASING AND WHAT HAVE YOU THROUGH VARIOUS AGENTS TO MAKE THAT HAPPEN.

SO BASICALLY THIS PARTICULAR PLAN WILL ALLOW US TO DO THAT.

AS WE MENTIONED WE ARE GROWING AND SO AS SUCH THE NEEDS OF THE COMMUNITY AS FAR AS COVERAGE AND CAPACITY AND WIRELESS SERVICES DO CONTINUE TO GROW. SO I JUST APPRECIATE YOUR TIME.

THANK YOU SO MUCH. >> SUSAN SCHWARTZ.

>> GOOD EVENING, I'M SUSAN SHORT, I LIVE AT 751 APPLE LANE.

I HAD A WHOLE LIST OF TALKING POINTS BUT YOU'VE ALL PROBABLY DONE YOUR RESEARCH AND YOU'VE HEARD STEVE GIVE A REALLY GOOD PRESENTATION. I'M JUST GOING TO TALK TO YOU FROM MY HEART. WHEN WE WERE FIRST APPROACHED BY TILLMAN AT&T TO BUILD THE TOWER ON OUR PROPERTY, I SAID TO MY HUSBAND I DO NOT WANT A TOWER IN MY BACKYARD.

BUT THEN I DIDN'T KNOW THAT MUCH ABOUT 5G, I DIDN'T KNOW ABOUT TOWERS. SO WE DID RESEARCH.

WE LOOKED THROUGH ALL OF THE JUNK SCIENCE OUT THERE, WE REALLY CONTACTED PEOPLE WHO COULD REALLY GIVE US UNBIASED INFORMATION. WE WEREN'T AWARE OF THE CITY SETBACK REQUIREMENTS. IN MY MIND I THOUGHT IT COULD GO ON THE TOWER SOUTH OF APPLE LANE OR IT COULD GO ANYWHERE FROM MY PROPERTY. AND WE REALIZED THAT THE BEST LOCATION IS ON OUR PROPERTY. AND IT ISN'T IN MY BACKYARD, IT ISN'T IN MY FRONT YARD. IT'S OUT IN MY PASTURE, IT WOULD GO OUT IN OUR PASTURE BEHIND THE CORRAL WHERE WE WORK CATTLE.

SO IT'S REALLY NOT IN MY BACKYARD.

THE SECOND FINAL, PROBABLY THE MOST IMPORTANT REASON WHY WE SAID YES TO THE TOWER IS I HAVE A VERY PERSONAL REASON.

I HAVE A COUSIN WHO WAS BY HIMSELF AND WAS IN AN ACCIDENT AND HIS ARM WAS SEVERED BELOW HIS ELBOW.

HE WAS BY HIMSELF BUT HE HAD A CELL PHONE IN HIS POCKET.

IF THERE HADN'T BEEN PEOPLE WHO WERE WILLING TO ALLOW TOWERS BUILT ON THEIR PROPERTY IN THEIR BACKYARDS, HE WOULD HAVE BLED OUT. AND IF CELL TOWERS HAVE BECOME A NECESSITY AND ARE NOT A LUXURY ANYMORE.

SO THEREFORE WE AGREED TO HAVE A TOWER ON OUR PROPERTY BECAUSE WE THINK IT'S RIGHT FOR THE CITIZENS OF MIDLOTHIAN.

THANK YOU. >> MY NAME IS DONNA WINDSOR, WE LIVE DIRECTLY ACROSS THE STREET FROM THE SHORTS.

I HAD FIVE CHILDREN, IT WAS GOING TO BE A NICE RURAL AREA, WE HAD THE STREETS WITH KIDS RIDING BICYCLES AND SO FORTH.

IT WAS JUST A REALLY NICE NEIGHBORHOOD.

AT THIS POINT WE HAVE TWO TOWERS IN OUR NEIGHBORHOOD.

I GAVE A SHEET YOU HAVE IN FRONT OF YOU, IT'S THE PICTURE WITH TWO TOWERS. THE ONE ON THE RIGHT IS UNION PACIFIC RAILROAD, THE ONE ON THE LEFT IS RISE BROADBAND, AN INTERNET TOWER. THE REASON WHY 80 PEOPLE ARE GOING FOR THE TOWER IS BECAUSE SUE SHORT HAS FLOODED THE

[00:50:01]

I HAD 50 PLUS SIGNATURES OF PEOPLE WHO LIVE WITHIN A 1 TO 2 BLOCK RADIUS OF THIS PROPERTY AND THEY ABSOLUTELY DO NOT WANT THIS TOWER IN THE NEIGHBORHOOD. THE QUESTION HERE IS NOT DO WE NEED A TOWER, BUT WHERE ARE WE GOING TO PUT IT WHERE IT DOESN'T NEGATIVELY IMPACT THE NEIGHBORS. I SHOWED YOU A GOOGLE MAP, THE NUMBER THREE I GAVE YOU IS SHOWING ALL OF THE NEIGHBORHOODS, WE HAVE BELMONT, APPLE LANE, KING ARTHUR.

THERE ARE SOME BETTER OPTIONS. THE MARTIN AREA AT THE END OF APPLE LANE AND THE END OF APPLE COURT.

THAT WOULD BE A PERFECT SOLUTION SINCE THEY ALREADY HAVE AN AT&T TOWER ON THE WEST SIDE. UNION PACIFIC, I PROVIDED YOU A LETTER SAYING THEY ARE WILLING TO PUT IT ON THEIR TOWER.

ALL THEY NEED IS STRUCTURAL WORK BECAUSE IT WAS BUILT IN 1968.

THEY SAID THEY WOULD LOVE TO HAVE IT.

MOUNTAIN PEAK ALSO THEY SAID THEY WOULD BE WILLING TO PUT IT ON THE MOUNTAIN PEAK TOWER THAT THEY WOULD LOVE TO HAVE THE MONEY COMING IN TO HELP THE WATER DISTRICT.

RIGHT NOW THERE'S 199-FOOT TOWER, AN AT&T TOWER BEING BUILT ON THE SOUTH SIDE OF 875 THAT IS RIGHT OUTSIDE THE CITY LIMITS.

IT'S AT MCALPIN ROAD. THEY'VE ALREADY LAID THE PAD.

ONE MINUTE? OKAY.

I GAVE YOU ARTICLES SHOWING YOU HOW IT AFFECTS PROPERTY VALUES THAT PEOPLE DON'T WANT TO HAVE ANY PART OF BEING AROUND THERE.

HE TALKED ABOUT FCC AND THE HEALTH, I DON'T KNOW ABOUT YOU BUT I'VE NEVER ASKED THE FCC ANY HEALTH QUESTIONS.

IF APPROVED ALL OF THE NEIGHBORHOODS INSIDE THE CITY LIMITS WOULD BE UP FOR GRABS. IF YOU PUT IT IN THIS NEIGHBORHOOD, NO TELLING WHERE ELSE THEY'RE GOING TO WANT TO PUT IT. YOUR CITY CODES SAY DON'T PUT IT IN AND WE'RE ASKING YOU NOT TO. IN 2008 YOU GUYS ANNEXED US.

THE CITY COUNCIL SAT UP ON THE STAGE AT THE BIBLE CHURCH AND TOLD US YOU WERE GOING TO PROTECT US IF WE GOT PULLED INTO THE CITY. WE'RE ASKING YOU TO DO THAT NOW AND DENY PUTTING THIS TOWER IN OUR NEIGHBORHOOD.

THANK YOU.

>> I THANK Y'ALL VERY MUCH FOR HEARING OUR OPPOSITION TO THE TOWER. WE MOVED HERE IN MIDLOTHIAN, IT'S A BEAUTIFUL COMMUNITY. AND WE REALLY JUST DON'T WANT ANYTHING IMPEDING ANYMORE OF OUR VISION THAT WE ALREADY HAVE.

AND I THINK TODAY WE'VE SPED UP OUR LIVES TOO MUCH SO I'M ASKING YOU TO SLOW US DOWN A LITTLE BIT AND HELP OPPOSE US WITH THIS GOING INTO EFFECT. NOT ONLY BECAUSE IT AFFECTS THE CODES THAT YOU ALREADY HAVE IN PLACE, BUT SOME OF THE STANDARDS THAT WE HAVE SET FOR OURSELVES AS FAR AS LIVING IN A VERY PRISTINE AREA OF THE COMMUNITY. AND WE JUST WANT TO MAKE SURE AS GOOD STEWARDS WE TAKE CARE OF THAT TO THE UTMOST OF OUR ABILITY. THANK YOU VERY MUCH.

>> COURTNEY FRIZZLE IS IN SUPPORT.

JAMES SMITH IS IN SUPPORT. PETE SALINAS IS IN SUPPORT.

THESE PEOPLE LIVE ON 21 WESTMINSTER DRIVE.

THEY'RE OUTSIDE THE AREA. DID ANYBODY ELSE SUBMIT A FORM TO SPEAK? COUNCIL DO YOU HAVE QUESTIONS

FOR ANYBODY? >> I HAVE A QUESTION A COUPLE OF THEM. AND FORGIVE MY IGNORANCE HERE.

FIRST OF ALL TO CHRIS, I GUESS, WOULD THIS IMPACT OUR FIRST RESPONDERS AT ALL AND THEIR CELL COVERAGE AS THEY ARE OUT AND

[00:55:06]

>>> AS FAR AS BUSINESS AND TAKING CARE OF THE COMMUNITY SAFETY WISE. AND I GUESS FOR THE AT&T REP, IS THERE A REASON WHY WE'RE NOT APPROACHING UP AND TALKING TO THEM ABOUT LEASING SOME SPACE ON ONE OF THEIR TOWERS?

>> IF THAT'S HOW WE'RE SITTING ON MR. SHORT'S PROPERTY THAT WOULD BE GREAT. BUT IT'S A LONG WAYS, IT'S .6 MILES, I MEASURED IT TODAY. IT IS DOWN IN HERE.

IF THIS SITE, IF ANYTHING WE WOULD WANT TO GO NORTH AND EAST.

>> BUT IT WOULD BE CLOSER THAN THE OTHER PROPOSED SITES YOU HAD

TALKED ABOUT EARLIER. >> IT WOULD BE, CORRECT.

BUT IT'S GOING THE WRONG DIRECTION SO IT'S OUTSIDE OF OUR COVERAGE WHERE WE WANT TO BE SO IT WOULDN'T DO US REALLY ANY GOOD. I'M SORRY, BUT THE UNION PACIFIC TOWER IS 98.8% LOADED SO THEY CAN SAY THAT THEY WOULD LOVE TO HAVE US, BUT THEY'VE GOT SIX DISHES ON IT THAT I COUNTED.

THOSE ARE GIANT DISHES. YOU REMOVE ONE OF THOSE, YOU REMOVE ONE, YOU MIGHT MAKE THE TOWER LESS STRUCTURALLY CAPABLE BECAUSE IT'S ALL ABOUT BALANCE. JUST TO ADDRESS THAT, IT'S NOT AS EASY AS JUST WELD A LITTLE BIT ONTO IT.

BUT IT IS OUTSIDE OF OUR AREA SO IT REALLY WOULDN'T DO US ANY GOOD AT THAT POINT. IT WOULDN'T ACCOMPLISH THE COVERAGE OBJECTIVES THAT WE HAVE.

>> THERE WERE SEVERAL ALTERNATIVES INCLUDING THE WATER

TOWER. >> IT'S ACTUALLY FURTHER SOUTHEAST OR SOUTHWEST OF THE UNION PACIFIC.

>> THEY'RE SUBSTANTIALLY FURTHER AWAY THAN THE UNION PACIFIC.

I'M JUST STRUGGLING HERE PERSONALLY, AND I'LL LAY MY CARDS ON THE TABLE FIRST I GUESS.

I LIVE IN ROSEBUD, I HAVE THE MOST TO GAIN FROM THIS TOWER BEING THERE AND I'M ON AT&T AND IT'S TRUE IT'S SPOTTY AT BEST.

BUT I ALSO REALLY CARE ABOUT THE SKYLINE OF THE COMMUNITY THAT I LIVE IN AND WHEN I'M WALKING IN MY NEIGHBORHOOD I SEE THOSE TWO TOWERS THAT ARE THERE. AND THEY FRANKLY ARE AN EYESORE.

AND TO ADD A THIRD ONE THAT APPEARS TO BE A LITTLE BIT MORE

BULKY -- >> IT'S ACTUALLY A LOT SMALLER.

THE DIAMETER OF IT IS MAYBE THREE FEET.

THOSE ARE MUCH BROADER TOWERS. THIS IS A FRACTION OF THAT ON THE SKYLINE. BUT I UNDERSTAND WHAT YOU'RE SAYING. WE DON'T PROPOSE SITES WHERE WE

DON'T NEED THEM JUST TO COME IN. >> AND I UNDERSTAND Y'ALL ARE TRYING TO SERVICE THE NEEDS OF THE COMMUNITY.

I JUST KNOW EVERY TIME I DRIVE THROUGH CEDAR HILL, WHAT'S THE ONE THING YOU NOTICE EVERY TIME YOU DRIVE THROUGH CEDAR HILL IS THE TOWERS, THEY'RE EVERYWHERE. AND I JUST AND I GET IT, IT'S A DIFFERENT TOWER. BUT THE POINT STILL STANDS THAT

-- >> IS IT THE SAME TYPE OF

STRUCTURE 100-FOOT TALL? >> THEY'RE MASSIVE.

>> IT'S 15,000 FEET. >> THAT'S NOT APPLES TO APPLES

REALLY. >> MAYBE WHERE THOSE ARE PLACED MAYBE NOT. BUT IN A RURAL AREA WHERE THE TOWERS ARE PRETTY RARE, THEY WOULD LOOK LIKE AN EQUAL OF AN

EYESORE I WOULD SAY. >> DO WE HAVE THE PICTURES THAT I PRESENTED? DURING THE PREVIOUS MEETING, I WENT AROUND AND JUST WENT TO COMMUNITIES AROUND DALLAS AND TOOK A LOT OF PHOTOS OF TOWERS THAT AREN'T NEARLY AS NICE AS THE TOWER WE'RE PROPOSING AND THEY'RE NEXT TO MILLION DOLLAR

HOMES. >> I UNDERSTAND.

WERE THEY BUILT BEFORE THE TOWER?

>> TO ME THE PEOPLE BUILT AROUND THE TOWER SO IT DIDN'T REALLY AFFECT THEIR NEED FOR COMING TO BUILD THESE TYPES OF HOMES.

BUT I UNDERSTAND THERE ARE THINGS PEOPLE DON'T WANT TO LIVE NEXT TO. BUT IT IS SOMETHING THAT'S PRETTY COMMON THROUGHOUT THE COUNTRY.

AND THAT'S WHAT I HEAR ALL THE TIME, WE'RE HERE WE DON'T WANT ANY DEVELOPMENT. BUT MIDLOTHIAN IS A NICE COMMUNITY, IT'S A VERY NICE COMMUNITY, PEOPLE ARE GOING TO MOVE HERE. THE NEXT GENERATION, MY KIDS ARE IN THEIR 20S, THEY WOULDN'T DREAM OF A LIFE WITHOUT A CELL PHONE THAT DIDN'T WORK PERFECTLY.

AND THAT'S WHAT'S COMING. >> IN A HYPOTHETICAL THAT THIS PARTICULAR LOCATION DIDN'T PASS, WHAT WOULD BE THE RESPONSE? WOULD WE BE LOOKING AT DIFFERENT LOCATIONS?

>> I DON'T KNOW. I CAN'T ANSWER THAT QUESTION.

THERE ARE A MILLION WAYS TO DO THINGS BUT DOES THE COMMUNITY WANT MORE TOWERS MORE THAN THIS? CAN WE BUDGET IT? THOSE ARE THINGS WE'LL HAVE TO DETERMINE.

I KNOW THAT IF YOU LOOK AT YOUR ZONING MAP, IN A QUARTER MILE ROUGHLY IT'S ALL THE SAME TYPE OF PROPERTY SO WE'D BE BACK HERE ASKING PROBABLY FOR THE SAME THING JUST DIFFERENT NEIGHBORS.

[01:00:02]

>> I GUESS A POINT OF CLARITY FOR THE COUNCIL, I WANT TO POINT OUT THAT PLANNING AND ZONING RECOMMENDED DENIAL FOR IT AND OUR CITY STAFF ALSO RECOMMENDED DENIAL BECAUSE IT DOESN'T FIT THE COMPREHENSIVE PLAN OR FUTURE LAND USE PLAN.

THANK YOU, THAT'S ALL. >> THANK YOU.

>> YOU HAVE SEVERAL OF THE TOWERS AND I THINK YOU TALKED ABOUT THE THINNESS OF IT. HOW BULKY ARE THE TOWERS? DO YOU HAVE A PICTURE OF THE BEST REPRESENTATION?

BECAUSE YOU HAVE A WIDE RANGE. >> YES, I DO.

I ACTUALLY HAVE A PHOTO SIMULATION, I SHOULD HAVE SHOWN IT AND I SKIPPED OVER THAT PART OF WHAT IT'S ACTUALLY GOING TO LOOK LIKE. BUT IS THIS IT, TRENTON? IT'S THE SOUTHEAST CORNER AT APPLE LANE OR APPLE COURT AND THAT WAS THE ORIGINAL TOWER. SO IT'S 15-FOOT LOWER THAN THAT.

THIS NEXT PHOTO IS FROM THE OPPOSITE CORNER, THE SOUTHWEST CORNER. ONE THING I DIDN'T BRING UP THAT I SHOULD HAVE, WE'RE GOING TO LANDSCAPE DOWN THERE, WE'RE GOING TO PUT TREES AROUND IT. WE'RE GOING TO SHIELD THE FENCE.

SO YOU'RE NOT GOING TO SEE ANY OF THE EQUIPMENT INSIDE, YOU'RE JUST BASICALLY GOING TO SEE THAT.

AND LIKE I SAID, THESE ARE THE PREFERRED TYPES OF TOWERS IF YOU GO INTO ANY COMMUNITY AROUND DALLAS, AROUND THE COMMUNITY.

>> ONCE YOU CONSTRUCT IT, WHAT DO YOU ANTICIPATE WILL BE ADDED

TO IT AFTER THE FACT? >> WE CAN'T ANTICIPATE ANYTHING, BUT IT IS POSSIBLE THAT SAY SPRINT OR VERIZON MAY WANT TO PUT SOMETHING SIMILAR TO THAT AND PUT IT MAYBE 10-FOOT BELOW.

>> SIR, GIVE ME A SECOND. >> YES, SIR.

>> FOR EVERYBODY IN THE BACK PLEASE, I UNDERSTAND THE DISDAIN OR THE WHATEVER YOUR POSITION, WE'RE ALL SITTING HERE QUIET LISTENING TO YOU, I'D ASK THAT YOU GIVE THE SAME RESPECT SO THAT WE CAN GET THE INFORMATION THAT WE NEED TO MAKE THE DECISIONS THAT WE NEED TO MAKE. THANK YOU.

>> I HAVE A COUPLE OF QUESTIONS, SINCE THE HEIGHT OF THE TOWER CHANGED AND THE POSSIBLE AMENDMENT TO THE DRIVE, IF WE HYPOTHETICALLY WERE TO MOVE FORWARD WITH THIS, COULD WE EVEN MOVE FORWARD WITH APPROVING IT?

>>> ON OUR FUTURE LAND USE PLAN DO WE DESIGNATE WHERE WE WANT CELL TOWERS TO GO. I TYPICALLY ONLY REMEMBER LAND USE, AND I DON'T REMEMBER US TALKING ABOUT CELL TOWER USE IN

OUR FUTURE LAND USE PLAN? >> I'D HAVE TO GO BACK AND LOOK AT EVERY MODULE. IN THE RURAL AND COUNTRY MODULE, IT DOESN'T TALK ABOUT COMMUNICATION TOWER IN TYPE TWO.

>> AND IS THERE ANY STRAIGHT ZONING THAT WE HAVE CURRENTLY THAT A CELL TOWER WOULD BE BUILT IN BY RIGHT?

>> NO, A COMMUNICATION TOWER TYPE TWO WOULD REQUIRE SPECIFIC USE PERMIT IN ALL NONRESIDENTIAL ZONING DISTRICTS.

>> SO THEY CAN GET AN SEP IN A COMMERCIAL DISTRICT FOR A CELL TOWER, BUT ANY TIME THEY BUILT IN A RESIDENTIAL AREA, THEY WOULD HAVE TO GO THROUGH THE PD PROCESS?

>> CORRECT IF THEY CAN MEET PD REQUIREMENTS.

>> SO IF THEY BOUGHT FOUR ACRES OF LAND RIGHT HERE OR THE THREE ACRES, THEY COULD BUILD A CELL TOWER?

[01:05:05]

THANK YOU. >> CELL TOWERS WERE PUT IN PRIOR TO ANNEXATION SO WE DON'T HAVE THAT NUMBER WRITTEN DOWN.

AND ALSO DEALING WITH TYPES OF COMMUNICATION TOURIST, THERE'S COMMUNICATION TOURIST THAT DEAL WITH CELL TOWERS FOR INDIVIDUAL BUSINESSES. WE HAVE TOWERS THAT DEAL WITH OUR WATER METERS, OUR 911 PARKING STRUCTURE, SO I HONESTLY CANNOT ANSWER THAT QUESTION OF HOW MANY CELL TOWERS WE HAVE IN

THE CITY. >> I KNOW WE USED TO PUT THEM ON

TOP OF THE WATER TOWERS. >> THAT'S COMMON PRACTICE.

>> DO WE HAVE SPACE AT OUR FIRE STATION NUMBER THREE TOWER?

>> ACTUALLY WE BROUGHT UP THAT IDEA JUST KIND OF JOKING AROUND, I HONESTLY WOULD HAVE TO GO BACK TO, WE WOULD HAVE TO LOOK INTO IT. I DON'T THINK THERE'S ONE THERE

NOW. >> THERE'S DEFINITELY A TOWER

THERE. >> THERE'S ACTUALLY TWO.

ONE IS ABOUT 175 FEET. WE DID SUGGEST THAT AS A POSSIBLE, I DIDN'T AUTHORIZE IT, I'M NOT HERE TO SAY THAT.

BUT WE DID SUGGEST THAT THAT MIGHT BE A LOCATION AND WE WERE TOLD IT'S TOO FAR SOUTH ONCE AGAIN FOR THEIR MODELLING.

BUT WE DO HAVE A TOWER THERE, IT'S NEXT TO THE FIRE STATION AND NEXT TO MOUNTAIN PEAK ELEMENTARY.

>> THANK YOU. THAT WOULD BE A GREAT FIX IN MY

OPINION. >> OTHER QUESTIONS FROM ANYBODY?

>> I'D LIKE TO MOVE TO CLOSE THE PUBLIC HEARING.

>> WE HAVE A MOTION TO CLOSE PUBLIC.

PLEASE VOTE. PUBLIC HEARING IS CLOSED.

IS THERE ANY DISCUSSION ANYBODY WISH TO ADD DISCUSSION TO WHAT'S

BEEN SAID HERE? >> I FIND IT PUZZLING THAT MIDLOTHIAN FOR YEARS HAS HAD TERRIBLE CELL PHONE COVERAGE NO MATTER WHAT SERVICE IT IS AT&T, T MOBILE, VERIZON, AND IT SEEMS LIKE THESE CELL PHONE COMPANIES ARE BEING REACTIVE RATHER THAN PROACTIVE, INSTEAD OF BUYING LAND IN ANTICIPATION FOR IT FILLING UP, THEY'RE COMING IN AFTER THE FACT AND WANTING TO PUT THEM IN RESIDENTIAL NEIGHBORHOODS AND THAT'S JUST AN

OBSERVATION I HAD. >> THE ONLY COMMENT I HAVE IS THE FIRST NET THAT WAS REFERENCED IS NOT ACTUALLY UTILIZED BY ANY CITY DEPARTMENT AT THIS TIME.

SO NOT REALLY, WE DON'T HAVE ANY DEPARTMENTS THAT HAVE ACCOUNTS WITH FIRST NET. WE DON'T HAVE AN ACCOUNT IN ANY WAY, SO IT'S NOT A BENEFIT I WOULD SEE.

>> FOR ME, I USE THAT BROADBAND TOWER RIGHT THERE.

IT'S THE WAY I GET MY INTERNET AND I KNOW MY PHONE SERVICE GETS BETTER. IF YOU WANT TO MOVE IT A FEW

MORE FEET, I'D LET THEM -- >> THAT'S ALL I'VE GOT, SIR.

YOU SAID WAIT ON A MOTION. >> IT TAKES SIX POSITIVE VOTES FOR IT TO PASS. SO I WILL TAKE A MOTION AT THIS

POINT. >> MAKE A MOTION TO DENY.

>> SECOND. >> WE HAVE A MOTION TO DENY AND

SECOND. >> A YES VOTE IS A NO.

>> A YES VOTE IS A NO. WE HAVE A MOTION AND A SECOND.

THE MOTION IS TO DENY AND HAS BEEN SECONDED.

PLEASE VOTE. 6-1 TO DENY.

SO THE MOTION IS DENIED. IF ANYBODY WISHES TO LEAVE AT

[01:10:13]

COUNCILMAN MILLER WILL BE LEAVING US NOW FOR PRIOR COMMITMENT AND WE THANK HIM FOR BEING HERE FOR THE VOTES SO WE

[2021-282 ]

ONE. >> IN ACCORDANCE WITH SECTION 2.04 A SECONDARY DWELLING UNIT IS PERMITTED BY RIGHT FOR ALL SINGLE FAMILY RESIDENTIAL DWELLINGS IF THEY CAN MEET ALL OF THE MINIMUM REQUIREMENTS IN ACCORDANCE WITH SECTION 3.570 SINGLE FAMILY DWELLING UNITS. IF THERE IS A SECTION THEY CANNOT MEET IT STATES A SPECIFIC USE PERMIT CAN BE APPLIED FOR AND GO THROUGH THE PUBLIC HEARING PROCESS.

THE APPLICANT AS THEY SUBMITTED THEIR PERMIT EVERYTHING WAS GOOD TO GO, STARTED CONSTRUCTION, AS THEY STARTED CONSTRUCTION AND GOING THROUGH THE PROPERTY, IT WAS DETERMINED BY THEIR LICENSED PROFESSIONAL WHEN THEY'RE LOOKING AT THE EXISTING SEPTIC SYSTEM THAT IT WOULD NOT BE ABLE TO HANDLE THE ADDITIONAL UNIT.

AT THAT TIME, THEY IMMEDIATELY CAME IN WITH STAFF TO TRY TO FIGURE OUT WHAT THEY COULD DO TO PUT IN A SECONDARY SYSTEM.

WE LET THEM KNOW THE REGULATIONS THAT A SECONDARY DWELLING UNIT DOES NOT PERMIT THAT. WE DID TELL THEM THERE WAS A POSSIBILITY THEY COULD APPLY FOR A SPECIFIC USE PERMIT AND GO THROUGH THIS PROCESS. WORKING WITH THE APPLICANT AND THE LICENSED EMPLOYEE WHO PUTS IN THE SEPTIC SYSTEM AND INSPECTS THEM, GOING THROUGH VARIOUS DIFFERENT SCENARIOS, IT WAS DETERMINED THAT IN ORDER FOR THIS SYSTEM TO BE ABLE TO SERVE BOTH UNITS, THE EXISTING SYSTEM WOULD HAVE TO BE COMPLETELY REMOVED AND A BRAND NEW SYSTEM PUT IN THE GROUND.

THEY WOULD HAVE TO REENGINEER IT TO ALLOW FOR THAT SYSTEM TO NOW GO ON TO THE SECONDARY DWELLING UNIT OR THE SECONDARY DWELLING UNIT WOULD HAVE TO GO AHEAD AND MOVE TO THIS SIDE OF THE PROPERTY AND THE DRIVE ACCESS HERE WOULD HAVE TO BE REENGINEERED TO FIT RIGHT HERE. HOWEVER THE ISSUE WAS ON THE

PLAT IT PREVENTS -- >> TRENT, I HATE TO STOP YOU.

CAN YOU REPEAT THAT, THEIR SEPTIC PROVIDER SAID THAT WHAT

WOULD HAVE TO HAPPEN? >> DUE TO THE SIZE OF THE SYSTEM, IT WOULDN'T BE ABLE TO SERVE BOTH.

>> I UNDERSTAND THAT. >> THEY WOULD HAVE TO UPGRADE IT TO A LARGER SYSTEM WHICH WOULD REQUIRE THEM TO REMOVE AND PUT A

BRAND NEW SYSTEM IN. >> MHM.

>> LOOKING AT IT IN ORDER TO DO THAT THEY WOULD HAVE TO RUN THE LINES SOMEHOW AROUND THE SWIMMING POOL IN THE REAR YARD COMING OUT HERE. THERE'S EXISTING TREES, EXISTING PROPERTY THEY'D HAVE SOME ISSUES WITH.

>> AS IN TOPOGRAPHY THAT WOULD NEGATIVELY AFFECT FLOW?

>> CORRECT TO GET TO THE SYSTEM AND BE USED EFFECTIVELY.

>> THE SECOND BUILDING IS GOING TO BE THIS SQUARE RIGHT HERE.

YES, SIR. THAT IS WHAT THEY'RE PROPOSING IS A SECOND SEPTIC SYSTEM TO BE ABLE TO SERVE THIS.

BUT IN OUR CURRENT REGULATIONS IT DOESN'T ALLOW THAT UNLESS THEY GO THROUGH THIS PROCESS. IT'S A UNIQUE SITUATION.

WE FEEL THAT IT WILL STILL BE WITHIN THE SPIRIT OF THE ORDINANCE OF WHAT THE ORDINANCE IS TRYING TO ORIGINALLY ACHIEVE.

THE ORIGINAL PART OF THIS WAS WHY THEY ONLY ALLOWED FOR ONE SEPTIC SYSTEM, ONE WATER HEATER, ONE ELECTRIC METER WAS TO PREVENT THE SECONDARY DWELLING UNITS FROM BECOMING RENTAL PROPERTIES. WE FEEL EVEN IF IT'S ON ONE SYSTEM IT'S GOING TO BE ONE WATER METER, ONE ELECTRIC METER, THEY'RE STILL REQUIRED TO GET RECORDED RESTRICTIVE COVENANCE

[01:15:02]

WE DO RECEIVE TWO NOTICES IN FAVOR.

THIS DOES REQUIRE PUBLIC HEARING AND I CAN ANSWER ANY QUESTIONS.

THIS DOES MEET ALL OTHER REQUIREMENTS.

>> HOW BIG IS THEIR PROPERTY? >> THE TOTAL LOT SIZE IS

APPROXIMATELY -- >> I COULDN'T FIND IT.

>> IT WAS JUST BARELY OVER AN ACRE ACCORDING TO THE PLAT

RECORD. >> HOW MANY BATHROOMS ARE IN THE CURRENT RESIDENCE AND HOW MANY BATHROOMS ARE IN THE SECONDARY

DWELLING UNIT? >> I WOULD NOT BE ABLE TO ANSWER HOW MANY ARE IN THE EXISTING RESIDENCE.

IN THE SECONDARY DWELLING, I THINK IT'S ONE AND A HALF OR JUST ONE? ONE BATHROOM.

>> AND DO YOU HAVE OR DOES THE APPLICANT HAVE THE SEPTIC DESIGN

PLAN AVAILABLE? >> THAT WILL BE REQUIRED WHEN

THEY RESUBMIT THE PERMIT. >> I WOULD ASSUME THOUGH IF WE'RE GOING THROUGH THIS PROCESS THAT THEY'VE ALREADY HAD THOSE

CONVERSATIONS. >> THANK YOU FOR HEARING ME MR. MAYOR, AND CITY COUNCIL. I'M CHRIS COOPER.

THIS IS MY WIFE AMY COOPER. JUST TO GIVE YOU A REALLY QUICK BACKGROUND, WE MOVED TO MIDLOTHIAN FOR THE AMY'S MOTHER AS A FULL-TIME CARETAKER TO PROVIDE HER A PLACE TO LIVE.

SHE LIVED IN THE GARLAND AREA FOR 40 PLUS YEARS AND THEIR NEIGHBORHOOD WAS GETTING TO THE POINT WHERE IT WAS TIME TO MOVE.

BUT WE HAD INTENTION TO FIND THIS BEAUTIFUL PROPERTY IN ORDER TO MOVE OUR FAMILY. I HAVE A 9-YEAR-OLD SON WHO ALSO LIVES THERE WITH US. BUT TO ANSWER YOUR QUESTION, OUR PROPERTY CURRENTLY HAS THREE BATHROOMS AND THERE'S ONE BATHROOM IN THE NEW DWELLING. IT'S 800 SQUARE FOOT STRUCTURE.

THE REASONING WE'RE WANTING TO PUT THIS SECOND SEPTIC SYSTEM IN IS AGAIN I THINK IT WAS EXPLAINED WELL THAT WE'D HAVE TO GO THROUGH MANY OBSTACLES, WE'D HAVE TO DESTROY A LOT OF OUR CURRENT BEAUTIFUL PROPERTY, FORFEITURE TREES ON THAT SIDE.

THE CURRENT SEPTIC SYSTEM IS WORKING PERFECTLY NORMAL AND WE WOULD HAVE TO PUT THE PUMP IN, OF COURSE THE LINE, DIG QUITE A BIT OF TRENCH GOING AROUND. WE WON'T GET INTO THE FINANCIALS, BUT IT WOULD BE AN EXTREME BURDEN.

THE SECOND SYSTEM, I CAN'T GIVE YOU THE EXCEPT IT WOULD BE THE SMALLEST ONE AVAILABLE. IT WOULD BE A VERY SMALL --

>> THIS IS AN AEROBIC SYSTEM? >> FOR THE NEW ONE.

THE OLD ONE WAS BUILT WHEN THE PROPERTY WAS BUILT BACK IN 1997.

WE'RE AN OLDER DEVELOPMENT. >> YOU HAVE AN AEROBIC SYSTEM?

>> THAT WOULD BE THE ONE THEY WOULD PROBABLY APPROVE.

I DON'T THINK WE WOULD BE ABLE TO PUT IN AN OLDER SYSTEM.

>> THE ENGINEER WE WERE SPEAKING TO I KNOW DUE TO COVID A LOT OF THESE ENGINEERS WERE RUNNING BEHIND.

>> SURE. >> SO I SENT ALL OF THIS INFORMATION TO THE GENTLEMAN WE WERE REFERRED TO, OUR ENGINEER, AND I'M WAITING TO HEAR BACK WHAT THAT PLAN WILL LOOK LIKE.

THEY JUST GAVE US THE LOCATION UNTIL WE GOT THE FINAL RECOMMENDATION ON APPROVAL FOR ALL OF THIS PROCESS TO GO

FORWARD. >> LET ME PREFACE THIS WHOLE THING BY SAYING I'M ONLY ASKING THESE QUESTIONS BECAUSE I'VE GONE DOWN THIS HARD ROAD OF SEPTIC ON MY OWN PROPERTY.

SO I DON'T WANT TO GET YOU GUYS INTO ANYTHING THAT YOU WOULD HAVE TO COME AND UNDO OR CORRECT OR MODIFY LATER.

SO JUST SO I'M CLEAR, FORGIVE ME IF I'M REASKING THE QUESTION.

AT THIS TIME YOU DO NOT HAVE A SECOND SEPTIC SYSTEM DESIGN, IS

THAT CORRECT? >> NO, SIR.

WE DO NOT. NOT ON OUR TIP OF OUR FINGERS AT

THIS TIME. >> BUT HAS YOUR PROPERTY BEEN REVIEWED AND MEASURED BY YOUR DESIGNER?

>> YES AND THE STSTATE OF TEXAS APPROVED IT AS WELL.

>> I GET IT, I UNDERSTAND SEPTIC.

I HATE, HATE, HATE SEPTIC. IF THEY EVER PUT A SEWER DOWN MY ROAD I'M HOOKING UP, I DON'T CARE WHAT IT COSTS.

[01:20:08]

ABOUT WHERE YOU'RE WANTING -- >> IT WOULD BE ON THE BACK OF

HER PROPERTY. >> IS THAT THE BACK OR THE

FRONT? >> THAT'S THE BACK.

>> THAT'S THE BACK SO IN THE BACK THERE WE'RE WANTING TO PUT AND YOU HAVE ONE PLANNED ESSENTIALLY ON SOME SORT OF

PAPER THAT WOULD FIT. >> THE STATE OF TEXAS DID GIVE FULL APPROVAL FOR WHERE IT WAS GOING TO GO.

>> I ONLY SAY THIS AND THIS IS JUST FORGIVE ME GUYS, I'M TRYING TO DO A FAVOR HERE. BEWARE YOUR SEPTIC INSTALL, YOUR ENGINEER AND WHATNOT, BECAUSE THEY'RE NOT RESPONSIBLE TO EACH OTHER. SO I'M JUST BRINGING IN MY OWN PERSONAL. WE GOT CITED BY THE STATE OF TEXAS FOR AN IMPROPER INSTALL. SO WHY I'M ASKING THESE QUESTIONS, WE DID NOT GO WITH THE SECOND SYSTEM, WE WENT WITH A LARGER SYSTEM, THERE WERE STILL ISSUES WHICH WE ARE NOW RESPONSIBLE FOR. SO BEFORE WE PUT YOU IN A SITUATION THAT COULD MAKE IT WORSE, I WANTED TO ASK THOSE

QUESTIONS. >> APPRECIATE IT.

>> I MOVE TO CLOSE THE PUBLIC HEARING.

>> SECOND. >> WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING AND SECONDED. PLEASE VOTE.

THE ITEM PASSES 6-0. DISCUSSION OR DO WE WANT TO GO

STRAIGHT TO A MOTION? >> I MOVE TO APPROVE.

>> I'LL SECOND. >> THE ITEM PASSES 6-0.

[2021-283 ]

>> THANK YOU. RIGHT NOW THE CITY OF MIDLOTHIAN IS IN THE PROCESS OF UPDATING AND ADOPTING THE 2018 INTERNATIONAL BUILDING CODE REQUIREMENTS WITH THE LOCAL AMENDMENTS. ONE OF THOSE PROVISIONS IN THERE IS THAT THEY DON'T REQUIRE A BUILDING PERMIT FOR ANY STRUCTURE WITH FLOOR AREA EQUAL TO OR GREATER THAN 200 SQUARE FEET. CURRENTLY IN OUR ZONING ORDINANCE WE REQUIRE ALL ACCESSORY STRUCTURES TO PULL A PERMIT. ONE OF THE PREVIOUS REASONS FOR THAT WAS WE WERE ALLOWED TO REGULATE BUILDING MATERIALS, ET CETERA. BUT SINCE THOSE PROVISIONS WERE PUT IN PLACE, WE'VE ALSO PUT IN OTHER PROVISIONS TO HELP PROTECT THE AESTHETICS AND DESIGNS. SO ANY STRUCTURE THAT'S LESS THAN 200 SQUARE FEET WILL STILL BE ADEQUATELY PROTECTED.

STAFF DOES RECOMMEND APPROVAL. IT DOES REQUIRE PUBLIC HEARING.

>> SO PRETTY MUCH IF SOMEBODY WANTS TO BUILD A SHED UNDER

200-FOOT, THEY CAN JUST DO IT? >> CORRECT.

THEY ARE STILL REQUIRED TO MEET OUR ZONING REGULATIONS BUT THEY

CAN STILL DO IT. >> IS THERE SOMETHING THAT'S GOING TO PROTECT US FROM THE CONNEX BOXES AND ALL OF THAT? IF IT WAS LESS THAN 200-FOOT WOULD IT BE --

>> IF IT DOESN'T MEET OUR ACCESSORY STRUCTURE

REQUIREMENTS. >> SO THAT SHOULD NOT BE --

>> THE ONLY THING THAT MAKES ME NERVOUS IS AND I KNOW IT'S NOT THE CITY'S RESPONSIBILITY BUT I'VE BEEN DOWN THIS ROAD WHEN SOMEBODY BUILDS A SECONDARY STRUCTURE AND THE DEED RESTRICTIONS SAY MUST MEET THIS AND THE CITY IS NOT LOOKING AT IT AND PEOPLE ARE THROWING UP WELL CONNEX BOXES, THAT'S THE ONLY THING THAT MAKES ME NERVOUS ABOUT IT.

>> WE GET PERMITS, WE APPROVE THEM, WE REVIEW THEM FOR CERTAIN

[01:25:02]

>> I'M TRYING TO FOLLOW YOU HERE.

BUT I'M STILL NOT MAKING THE CONNECTION.

SO HELP ME UNDERSTAND. THE PLACEMENT OF A CONNEX BOX ON YOUR PROPERTY, YOU COULD ALWAYS MAKE THE INFORMATION AND I HATE TO GIVE ANYBODY INFORMATION THAT IT'S A TEMPORARY THING.

IT'S NOT A PERMANENT STRUCTURE, THUS IT WOULD NOT FALL UNDER ANY BUILDING CODES BECAUSE IT'S ALMOST LIKE HAVING A TRAILER ON

YOUR PROPERTY. >> AND CURRENTLY WE ALLOW -- WE HAVE OTHER CODES AND REGULATIONS IN PLACE REGARDING FOR THOSE.

NOT FOR ANY RESIDENTIAL OR NONRESIDENTIAL STRUCTURE.

>> AND THEN I WOULD SAY THAT REGARDLESS OF THE SIZE THERE'S NO DEED RESTRICTION OR HOA RESTRICTION THAT WE COULD EVER

ENFORCE, RIGHT? >> YOU'RE RIGHT.

>> MAKE A MOTION TO CLOSE. >> I'LL MAKE A MOTION TO CLOSE

THE PUBLIC HEARING. >> MOTION MADE AND SECONDED.

PLEASE VOTE. ITEM IS CLOSED 6-0.

DISCUSSION OR A MOTION? >> I MAKE A MOTION TO APPROVE.

>> PLEASE VOTE. ITEM PASSES 6-0.

[2021-284 ]

THE PROPERTY IS GENERALLY LOCATED AT THE INTERSECTION OF

HIGHWAY 67 AND MILLER ROAD. >> THANK YOU.

WHAT WE HAVE IN FRONT OF YOU FOR THE MIDLOTHIAN BUSINESS PARK, GENERALLY WHEN A PD COMES BEFORE US FOR AN AMENDMENT, WE TRY TO CLEAN UP ANY LANGUAGE WE CAN. THE TWO PRIMARY CHANGES WHAT THEY ARE REQUESTING PD69 IS CURRENTLY THIS IS ONE OF THE ONLY PDS I KNOW OF WITHIN THE CITY OF MIDLOTHIAN THAT HAS NOT ONLY A BUILDING SETBACK LINE BUT ALSO A CONCRETE SETBACK LINE.

THIS PREVENTS BUSINESSES HAVING SHARED ACCESS.

SO IT WOULD REQUIRE ADDITIONAL INGRESS EGRESS POINTS FOR THOSE INTERNAL LOTS. IN BETWEEN THOSE LOTS THEY REQUIRE HAVING THE LANDSCAPE MEDIAN IN BETWEEN THEM, FIVE FEET IN WIDTH, WHICH WOULD ONCE AGAIN CAUSE MORE DRIVEWAYS.

WE'RE ALWAYS TRYING TO ELIMINATE WHEN POSSIBLE MORE DRIVEWAYS.

WE TEND TO HAVE MORE ISSUES. SO ONE OF THE AMENDMENTS IS FOR INTERNAL LOTS ONLY IS TO REMOVE THAT REQUIREMENT OF HAVING THAT 5-FOOT PAVEMENT SETBACK REQUIREMENT.

THE BUILDING SETBACKS ARE STILL IN PLACE.

THIS WOULD JUST ALLOW FOR SHARED ACCESS EASEMENTS FOR THESE INTERNAL LOTS. THE 5-FOOT CONCRETE PAVEMENT IS STILL APPLICABLE FOR LOTS THAT ARE ABUTTING RIGHT-OF-WAYS.

THEY'RE STILL REQUIRED TO HAVE THAT FIVE FEET CONCRETE BUILDING LINE. THE ADDITIONAL ONE IS WITHIN THIS ZONING DISTRICT THEY HAVE ZONE A WHICH IS ARTICULATION ZONE WHICH HAS HEIGHTENED DESIGN STANDARDS.

THEY'RE WANTING TO EXPAND ZONE A OVER MORE OF THEIR PD.

STAFF DOES RECOMMEND APPROVAL AND I CAN ANSWER ANY QUESTIONS AT THIS TIME. IT DOES REQUIRE A PUBLIC

HEARING. >> MOTION, PLEASE.

MOTION TO CLOSE THE PUBLIC HEARING SECONDED.

PLEASE VOTE. IT'S 6-0.

ANY DISCUSSION? MOTION PLEASE.

MOTION TO APPROVE, SECONDED. PLEASE VOTE.

IT PASSES 6-0. >> ASCREEN DA ITEM 2021-285

[2021-285 ]

[01:30:01]

>> THANK YOU. THIS ITEM DOES NOT REQUIRE PUBLIC HEARING. THIS IS FOR RIGHT OF WAY ENCROACHMENT, YOU'VE HEARD MANY TIMES BEFORE.

IN THIS EXISTING DISTRICT WHEN THIS WAS ORIGINALLY APPROVED, THEY APPROVED FOR THE ON STREET PARKING.

AS YOU SEE HERE IT'S 50 FEET FROM THE INTERSECTION.

IF YOU LOOK ON THE SAME STREET RIGHT NEXT DOOR, THIS IS A PROFESSIONAL OFFICE BUILDING. ORIGINALLY RESIDENTIAL COMPARED TO AN OFFICE BUILDING SHOWING THEY'RE PARKING SIX SPACES, THIS IS EIGHT SPACES. THEY'RE 65 FEET, THIS IS 50 FEET. SO THIS WOULD BE CONSISTENT WITH THE SPACING THAT THEY'RE SHOWING.

STAFF DOES RECOMMEND APPROVAL. AND I CAN ANSWER ANY QUESTIONS

AT THIS TIME. >> PEOPLE ARE ALREADY PARKING THERE WHEN THEY PARK TO GO TO THE MEXICAN FOOD PLACE.

I MIGHT BE GUILTY OF THAT MYSELF.

MY ONLY QUESTION IS THIS DOESN'T MESS WITH US AS FAR AS THE

DOWNTOWN MASTER PLAN GOES? >> NO.

AND THE SIDEWALK WAS ALREADY APPROVED.

THERE IS LANGUAGE IF WE EVER HAVE TO WIDEN THE RIGHT-OF-WAY WE HAVE THE ABILITY TO DO THAT IN THE AGREEMENT.

>> I MAKE A MOTION TO APPROVE. >> SECOND.

>> WE HAVE A MOTION TO APPROVE SECONDED.

PLEASE VOTE. ITEM PASSES 6-0.

TRENT, THANK YOU VERY MUCH. DO WE HAVE A MOTION TO ADJOURN?

>> MOTION TO ADJOURN. >> I SECOND.

>> SECONDED. ALL IN FAVOR SAY AYE.

>> AYE. >> ANY OPPOSED? WE ARE ADJOURNED AT 7:31.

* This transcript was compiled from uncorrected Closed Captioning.