Apr 12, 2022 City Council

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

[00:00:04]

>> MAYOR: GOOD EVENING. IT IS 6 P.M., TUESDAY, APRIL 12TH. I CALL THIS SESSION OF THE MIDLOTHIAN CITY COUNCIL TO ORDER.

IF COUNCILMAN COFFMAN WILL LEAD US IN THE INVOCATION AND

PLEDGES, PLEASE. >> BOW WITH ME AS WE PRAY.

FATHER, WE COME BEFORE YOU THIS EVENING TO DO THE BUSINESS OF THE CITY. LORD, WE PRAY YOU GRANT US THE WISDOM, YOU GIVE US YOUR HEAVENLY WISDOM AS WE PURSUE THE BEST DECISIONS FOR THIS COMMUNITY OF PEOPLE.

GOD, WE THANK YOU FOR THIS CITY, THE ABILITY TO LIVE HERE, WORK HERE, TO PLAY HERE, THANK YOU FOR ALL THE ABUNDANT BLESSINGS THAT WE RECOGNIZE ON A DAILY BASIS.

GOD, I PRAY FOR TODAY, THAT TODAY WOULD BE A GOOD DAY FOR ALL OF OUR FIRST RESPONDERS OUT THERE DOING THE WORK AND TAKING CARE OF OUR COMMUNITY. I PRAY FOR THE WEATHER TONIGHT, THAT IT WOULD BLOW RIGHT PAST US.

IN JESUS NAME REP WE PRAY, AMEN. >> MAYOR: REGULAR ITEM

[2022-140]

IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, THE CITY COUNCIL CANNOT ACT ON ITEMS NOT LISTED ON THE AGENDA.

>> AT THIS TIME, ANNA KEMINS, I WILL GIVE YOU AN EXTRA MINUTE OR SO, YOU HAVE THREE MINUTES OR SO.

>> THANK YOU. GOOD EVENING MAYOR AND CITY COUNCIL, I'M ANNA HAMMONS. THIS IS MR. ED GARDENER, AS MOST OF YOU KNOW, ED AND I OPPONENTS, WE RUNNING FOR THE SAME CITY COUNCIL SEAT. CULTURE AND OUR WORLD WOULD TELL US THAT WE NEED TO BE AGAINST EACH OTHER.

THAT WE NEED TO DISAGREE AND FIGHT AGAINST EACH OTHER AND BE IN OPPOSITION, NO MATTER THE TOPIC.

BUT TONIGHT, WE ARE LAYING POLITICS ASIDE, WE ARE LAYING CAMPAIGNING ASIDE. AND WE COME BEFORE YOU, UNITED, AND IN OUR VALUING OF LIFE. AND WE WANT TO BRING BEFORE YOU THE PETITION AND THE CONVERSATION OF MAKING MIDLOTHIAN A SANCTUARY CITY. SO A COUPLE YEARS AGO, JUDGE LITTLE MADE THE COUNTY A SANCTUARY COUNTY.

WE ARE ASKING TO MAKE MIDLOTHIAN A SANCTUARY CITY.

THIS WOULD BE THE FIRST CITY IN THE STATE THAT WILL BE A SANCTUARY CITY INSIDE A SANCTUARY COUNTY.

ONE MIGHT SAY, THAT IS A LITTLE MUCH.

THERE'S A COUPLE REASONS FOR THAT.

ONE IS THAT WHEN THE RUBBER MEETS THE ROAD, WHENEVER THE DECISIONS ARE MADE FOR THIS TYPE OF CONVERSATION, IT IS AT THE CITY LEVEL. AT THE COUNTY, IT IS AWESOME WE HAVE MADE THAT DECLARATION OF WHAT WE VALUE.

BUT IT IS IMPLEMENTED RIGHT HERE AT YOUR DESK.

SO THAT'S ONE THING. THE SECOND ONE IS THAT AS WE ADD ANOTHER CITY TO THE LIST OF SANCTUARY CITIES, WE ARE ELEVATING THIS CONVERSATION UP TO THE STATE AND FEDERAL CONVERSATIONS. WE ARE ADDING ANOTHER NAME TO THE LIST IN THIS FIGHT FOR LIFE, AS A WHOLE.

THEN, FINALLY, WE ARE MAKING A STAND AS A COMMUNITY AND AS A CITY TO SAY, HEY, THIS IS WHAT WE VALUE HERE IN MIDLOTHIAN.

WE VALUE OUR FAMILIES. WE VALUE CHILDREN.

WE VALUE THE UNBORN AND WE VALUE OUR CONSERVATIVE LIFESTYLE HERE.

AND SO WE ARE BEING PROACTIVE IN COMING OUT AND SAYING, THIS IS WHAT WE WANT TO PUSH FOR. WE WANT TO PUSH THIS CONVERSATION FORWARD INSTEAD OF REACTING WHENEVER IT COMES TO OUR DESK. WE ARE RESPECTFUL FULLY AND IN THE MOST HONORING WAY POSSIBLE ASKING YOU TO PUSH THIS CONVERSATION FORWARD TO CONSIDER MAKING MIDLOTHIAN A SANCTUARY CITY FOR THE UNBORN. THANK YOU.

>> ED GARDENER, 2811 SKINNER ROAD, I'M ALSO HERE WITH ANNA, STANDING IN LOCK STEP, BECAUSE THIS IS A VERY IMPORTANT ASPECTS OF LAYERING THE SANCTUARY CITY IN THE COUNTY, THERE IS AN IMPORTANT REASON FOR THAT AS WELL.

AND THAT IS THAT THE ORDINANCE AS IT IS WRITEN IN THE COUNTY ENDS AT OUR CITY LIMITS. THEY DO NOT HAVE JURISDICTIONS

[00:05:02]

I URGE YOU TO APPROVE THIS ORDINANCE.

THANK YOU. >> MAYOR: THANK YA'LL.

THE NEXT THREE SPEAKERS WILL CONTINUE THIS TOPIC.

SINCE THERE ARE THREE OF YOU, I ASK YOU, PLEASE, TO KEEP TO THE THREE MINUTES AND I WILL GIVE YOU A HEADS UP ABOUT 30 SECONDS PRIOR TO THE END OF YOUR THREE MINUTES.

MR. HUGH REYNOLDS. NAME AND ADDRESS, PLEASE.

>> HUGH REYNOLDS, 503 NORTH FIRST STREET HERE IN MIDLOTHIAN.

THIS PAST SUNDAY, CHRISTIANS CELEBRATED THE FEAST OF THE PALM SUNDAY WHEN JESUS MADE HIS TRIUMPHANT ENTRY INTO JERUSALEM.

MATTHEW 21 STATES, WHEN THEY HAD COME NEAR JERUSALEM AND HAD REACHED THE MOUNT OF OLIVES, JESUS SENT TO DISCIPLES SAYING TO THEM, GO INTO THE VILLAGE AHEAD OF YOU AND IMMEDIATELY YOU WILL FIND A DONKEY TIED AND. UNTIE THEM AND BRING THEM TO ME.

IF ANYONE SAYS ANYTHING TO YOU, JUST SAY THIS.

THE MASTER HAS NEED OF THEM. I'M KIND OF LIKE THAT DONKEY, THE MASTER HAS NEED OF ME. THE MASTER HAS NEED OF JUSTIN, ED, HAS NEED OF ANNA AND JOHN, ALL MY FRIENDS.

AND I WOULD ARGUE THAT THE MASTER HAS NEED OF YOU ALL, OUR CITY LEADERS. THANK YOU.

>> THAJOHN HAMERIK, 2018 COLE WR COURT.

LIVED HERE 22 YEARS. RAISED IN MIDLOTHIAN, THREE KIDS GRADUATED HIGH SCHOOL HERE. WE CAME HERE, WE MOVED FROM A SMALL RURAL TOWN IN EAST TEXAS, MOVED HERE BECAUSE OF THE SCHOOLS. BECAUSE OF THE CHURCHES, BECAUSE OF THE COMMUNITY, THE FAMILY THAT IT K NURTURED.

I AM NOW RETIRED. I OWN RENTAL PROPERTIES IN TOWN.

WE OWN A LITTLE BUSINESS AND DO PROPERTY MANAGEMENT NOW.

I'M SEMI RETIRED IN ADDITION TO MY PARTICIPATION ON THE BOARD OF DIRECTORS AT THE FIRST LOOK WOMEN'S PREGNANCY CLINIC, I DO A LOT OF STUFF AT THE CHURCH. SO WHY ME? HUGH JUST TOLD ME, BECAUSE HE TOLD ME TO.

NO HUGH, HIM. YOU JUST TALKED ABOUT THE SAME GOD THAT YOU PRAYED TO, WHAT ARE WE DOING HERE? WHY ARE WE DOING THIS. HE TOLD US TO.

HE TELLS US. I'M HERE REPRESENTING OTHERS, NOT JUST THE FEW THAT ARE COMING TO SPEAK THIS EERNG NOT JUST THE DOZENS THAT WORK AT FIRST LOOK, NOT THE COUNTLESS OF HUNDREDS OF WOMEN AND MEN THAT COME THROUGH FIRST LOOK DOORS, BUT NEIGHBORS THAT ARE LIKE-MINDED OF US. THERE ARE SOME OF YA'LL LIKE-MINDED. SOME OF THESE FOLKS ARE LIKE-MINDED OF US. THINK ABOUT THIS, THERE'S A LOT OF PEOPLE THAT HAVE THE SAME INTEREST AS WE DO AND DON'T EVEN REALIZE, IS THIS SOMETHING I NEED TO BE EXCITED ABOUT.

YEAH, IT IS. BUT TRULY, I'M HERE REPRESENTING A BUNCH OF BABIES, A BUNCH OF BABIES THAT NEED YOU TO REPRESENT THEM AS WELL. YOU REPRESENT ME.

I'M TELLING YOU WHAT I REPRESENT.

THE SANCTUARY CITY THING, IT IS COMING.

I DON'T MIND PEOPLE MOVING HERE FROM OUT OF STATE, I DON'T MIND PEOPLE MOVING HERE FROM CALIFORNIA.

I KNOW WONDERFUL FOLKS FROM CALIFORNIA.

I DON'T WANT OTHERS MOVING IN TO OUR COMMUNITY TELLING US HOW WE SHOULD THINK AND WHAT WE SHOULD DO AND WHAT OUR VALUES OUGHT TO BE. I KNOW WHAT THEY ARE.

I MOVED HERE FOR A REASON. WE ALL MOVED HERE FOR A REASON.

THIS ROE V. WADE THING, SOMETHING IS GOING TO HAPPEN SOON. WE NEED TO GET AHEAD OF THAT FOR THE SAME REASON THAT WE MOVED HERE, WE NEED TO MAKE SURE THAT WE ARE OFFERING TO OTHERS THE SCHOOLS, THE CHURCHES, THE COMMUNITY, THE FAMILY ENVIRONMENT THAT WE CAME FOR THAT YOU, MANY OF YOU CAME FOR. WE NEED TO MAKE YOU SURE THAT IS

[00:10:02]

HOW MANY TIMES DO THE PEOPLE IN UKRAINE THINK THEY ARE NOT GOING TO INVADE US? THEY ARE NOT GOING TO, RIGHT? HOW MANY TIMES DO WE HAVE TO THINK, PLANNED PARENTHOOD ISN'T COMING. THE COMPARISON GOES ON FROM THERE. DON'T BELIEVE THEY WON'T COME, THEY WILL BE COMING. THEY WILL BE AFTER OUR CHURCHES, OUR SCHOOLS, OUR -- THEY CAN BE AFTER OUR KIDS.

MY KIDS ARE GROWN AND GONE, THEY ARE ALL GOOD.

BUT THEY ARE COMING AFTER MY GRANDKIDS, YOUR GRANDKIDS.

COMPARE THE DEATHS IN UKRAINE, THE MILLIONS THAT ARE BEING DISPLACED, THE BABIES THAT ARE LOST TO ABORTION EVERY YEAR, IF YOU WANT TO COMPARE NUMBERS, EACH ONE OF YOU AS MY ELECTED REPRESENTATIVE, I ASK YOU TO GET AHEAD OF THIS AND ASK ON THIS OPPORTUNITY TO BECOME A SANCTUARY CITY.

IT IS COMING UP. WE WANT TO MAKE SURE YOU GUYS ARE INFORMED OF THAT NOW. IF THERE IS ANYTHING I CAN DO TO HELP YOU, HELP YOUR EDUCATION ON THAT BEFORE IT COMES TO VOTE, YOU HAVE MY NAME AND NUMBER AND ADDRESS, I WILL BE GLAD TO TALK TO YOU ABOUT. IT.

I BELIEVE IN PRO LIFE. MANY OTHERS THAT DO, TOO.

I THINK YOU DO, THE SAME GOD THAT WE PRAYED TO EARLIER, HE MAKES IT CLEAR WHERE HE STANDS ON THAT.

I ASK YOU TO DO WHAT YOU BELIEVE IN AND TO PLEASE ACT, DO WHAT WHAT HE TELLS YOU TO DO. THANK YOU.

>> MAYOR: BLAINE GREG. >> THANK I COUNCIL, MY NAME A BLAINE CRAY, I LIVE JUST OUTSIDE THE CITY LIMITS IN MY ALMOST 16 YEARS LIVING IN MIDLOTHIAN, WE ANTICIPATE COMING BACK VERY SOON BUT THE CHURCH THAT I SERVE OAK CREST BAPTIST CHURCH, I HAVE BEEN THERE JUST UNDER 16 YEARS. IN THAT TIME WE HAVE SEEN A LOT OF CHANGES IN MIDLOTHIAN, AS YOU HAVE CERTAINLY.

AND PART OF THAT CHANGE HAS BEEN A PROLIFERATION OF CHURCHES.

WE HAVE ALL KINDS OF CHURCHES. WE HAVE METHODIST, ASSEMBLY OF GOD, WE HAVE PRESBYTERIAN, BAPTIST, CHURCH OF CHRIST, BIBLE CHURCHES, HOLINESS CHURCHES, ALL KINDS OF CHURCHES.

WITHIN THOSE CHURCHES, WE HAVE A LOT OF DIFFERENT, VARYING BELIEFS WHEN IT COMES TO VARIOUS ASPECTS OF CHRISTIANITY OR BIBLICAL INTERPRETATION. BUT WHAT I THINK WE WOULD ALL AGREE UPON IS IN ALL OF THOSE CHURCHES, REGARDLESS OF THE DENOMINATIONAL NAME OR NONDENOMINATION AL NAME ON THEIR CHURCH SIGNS, THERE IS ONE FUNDAMENTAL ASPECT OF JUDEO CHRISTIAN ETHIC, WE AS HUMAN BEINGS ARE MADE IN THE IMAGE OF GOD, FROM CONCEPTION TO DEATH, FROM THE WOMB TO THE TOMB, WE ARE MADE IN THE IMAGE OF GOD. THEREFORE, LIFE IS VALUABLE EVEN FOR THOSE WHO ARE UNBORN. OF ALL THE OF THE BIBLE VERSUS THAT I MIGHT QUOTE FOR YOU THAT WE MIGHT HAVE VARYING DISAGREEMENTS ON, JUSTIN AND I BEING PASTORS, WE MIGHT DISAGREE ON NUANCES. ONE WE CAN AFFIRM.

FOR YOU FORMED BY INWARD PARTS, KNITTED ME TOGETHER IN MY MOTHER'S WOMB, I AM WONDERFULLY MADE.

MY FRAME WAS NOT HIDDEN FROM YOU, YOUR EYES SAW MY UNFORMED SUBSTANCE. THE DAYS THAT WERE FORMED FOR ME. YET AS YET WHEN AS YET THERE WAS NONE OF THEM. I WANT TO SPEAK OUT STRONGLY IN SUPPORT OF MIDLOTHIAN AS HAS ALREADY BEEN SAID BEING ONE OF THE FIRST SANCTUARY CITIES. AND I THINK THAT THAT IS A MON I MONIKER THAT WE CAN CLAIM PROUDLY, NOT TO OUR OWN GLORY, BUT TO THE ONE TRUE AND LIVING GOD.

THANK YOU FOR YOUR TIME. >> MAYOR: THANK YOU.

JOHN STEAD. IS JOHN HERE?

CARL BRITTON. >> GOOD EVENING, MAYOR, COUNCIL MEMBERS, MY NAME IS CARL BRITTON, 4060 CLANS SI LANE HERE IN MIDLOTHIAN. I WASN'T VERY PREPARED FOR THIS MEETING. I HAD A NEIGHBOR CALL ME AND WE HAVE BEEN DISCUSSING SOME ISSUES THAT WE ARE HAVING WITH A NEW NEIGHBOR THAT WE ARE GETTING TO THE SOUTH OF US.

[00:15:06]

WE AS CITIZENS TRY TO WORK WITH EVERYONE AND BE GOOD CITIZENS AS CITIZENS OF MIDLOTHIAN, AGAIN, NEIGHBORS.

THE DEVELOPMENT THAT IS COMING IN BEHIND US IS NOT BEING A VERY GOOD NEIGHBOR RIGHT NOW. WE HAVE DUST, AIR POLLUTION THAT'S TERRIBLE. WE CAN'T EVEN ENJOY OUR OWN PROPERTIES FOR THE AMOUNT OF DIRT AND DUST THAT'S BEING GENERATED FROM THAT. THEY ARE NOT PUTTING DOWN ANY TYPE OF WATER TREATMENT OR DUST ABATEMENT ON THAT.

THERE'S A LINE PLANT, THEY ARE PUTTING IN, I DON'T KNOW IF I OFFEND BY SAYING THIS. I DON'T KNOW WHO THE GENIUS WAS THAT HAD TO SAY THAT THEY HAD TO STABILIZE LIMESTONE.

BUT I DO CONSTRUCTION WORK, TOO, SO THAT DOESN'T SEEM RIGHT.

BUT THEY ARE FIRING THAT THING UP AT 5:30 IN THE MORNING GENERATING DUST THAT IS BLOWING INTO OUR YARDS AND HOMES.

IT IS HARD TO DEAL WITH RIGHT NOW.

SO I DON'T KNOW IF THIS IS THE RIGHT SETTING OR IF YOU ARE THE RIGHT PEOPLE, I FIGURED AS LEADERS FOR MIDLOTHIAN, I FIGURED YA'LL WOULD BE A GOOD START TO HELP US REACH OUT TO THESE PEOPLE AND TRY TO GET SOME CONTROL OF THE SITUATION.

AND I JUST ASK THAT, IF THIS WAS YA'LL AND YOU WERE LIVING THERE, AND YOU HAD THIS ISSUE, I'M SURE YA'LL WOULD BE RAISING THE FLAG AS WELL. ALL RIGHT, THANK YA'LL.

>> MAYOR: BRAD KEMP. IS BRAD HERE?

JARRED MCCOY. >> HOW YA'LL DOING.

MY NAME IS JARRED MCCOY, 3630 BAYLOR IN THE CRYSTAL STOREST FT AREA. I DON'T HAVE ANYTHING AS DEEP.

I'M A BASEBALL COACH HERE IN TOWN, PLAYED THROUGH COLLEGE AND THAT AND HAVE ENJOYED COACHING MY KIDS AND MANY OTHERS FOR THE LAST FOURTEEN YEARS. RUNNING INTO A LITTLE BIT OF ISSUE, I DON'T KNOW IF -- I FIGURED TO GO TO THE GUYS IN POWER AND YOU CAN DIRECT ME. BUT WITH FIELD USAGE AND RENTALS. SO WE HAVE BEEN PARTS OF MABA OVER THE YEARS GROWING UP AND PLAYED THROUGH IT, OUR KIDS HAVE GOTTEN TO A LEVEL WHERE THEY NEEDED TO GET OUT, THAT'S FINE.

THEN I HAVE LITTLE ONES AS WELL. BUT WE HAVE RENTED FROM THE CITY OFF SEASON, NO PROBLEM, GREAT RELATIONSHIP WITH PARKS AND REC.

AND WE HAVE RUN INTO IT HERE RECENTLY WHERE I THINK THERE IS SOME CONFUSION MORE THAN ANYTHING.

WE ARE TRYING TO RENT FIELDS THAT ARE NOT BEING USED BY THE ASSOCIATION AND COME TO FIND OUT TALKING TO OTHERS, SAME ISSUE EXISTS WITH SOFTBALL, SOCCER, A LOT OF THE ASSOCIATIONS.

FEEDSFIELDS THAT ARE NOT BEING . WE HAVE A TEAM IN MIDLOTHIAN KIDS THAT NEED TO WORK AND REPRESENTING OUR TOWN.

WE ARE TOLD ONE ENTITY, THE CITY TELLS US YOU CAN'T RENT THEM.

WE TALK TO PARKS AND REC, THEY CAN'T SUBLET THE FIELDS.

POINT BEING, WE HAVE CITY-OWNED FACILITIES THAT ARE PAID BY TAXPAYERS SITTING EMPTY THAT WE CAN'T USE FOR ONE REASON OR ANOTHER. I'M SURE THERE IS A CONFUSION, SOMETHING WE CAN WORK OUT. SHAME OF IT IS WE GO TO CEDAR HILL, RED OAK, OTHERS OPEN ARMS. I KNOW THERE IS SOMETHING THAT I'M SURE WE CAN FIGURE OUT TO MAKE BETTER USE, EARN THE CITY MONEY. BUT SOMETHING I CAN WE CAN PROBABLY CLEAN UP. AGAIN, ALL THESE KIDS ARE REPRESENTING US IN OUR HIGH SCHOOLS THAT WE ARE CHEERING FOR. WE OUGHT TO BE ABLE TO SUPPORT THEM ON THEIR JOURNEY UP AS THEY GET THERE.

THANK YOU YA'LL, APPRECIATE EVERYTHING YA'LL DO.

[CONSENT AGENDA]

>> THIS IS ALL THE SPEAKERS THAT I HAVE THAT HAVE SIGNED UP.

CONSENT AGENDA, ALL MATTERS LISTED UNDER CONSENT AGENDA ARE CONSIDERED TO BE ROUTINE BY THE CITY COUNCIL AND WILL BE ENACTED BY ONE MOTION WITHOUT SEPARATE DISCUSSION.

IF DISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND WILL BE CONSIDERED SEPARATELY.

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

[00:20:04]

>> SECOND. >> MOTION APPROVED, SECONDED.

PLEASE VOTE. ITEM PASSES 6-0.

[2022-149]

>> MIKE. >> THANK YOU, MAYOR, GOOD EVENING, COUNCIL. WHAT YOU HEARD PREVIOUSLY AT THE PRESENTATION AT THE LAST COUNCIL MEETING ALONG WITH THE WORKSHOP IS DEALING WITH THE IMPACT FEE UPDATE THAT WE ARE REQUIRED TO DO EVERY FIVE YEARS. CITY IS REQUIRED TO DO.

SO THIS PUBLIC HEARING TONIGHT IS BEING HELD IN ACCORDANCE WITH STATE REQUIREMENTS. WHAT I WILL DO, TURN IT OVER TO CULLIN, FRIES AND NICHOLS. WE WILL BE READY TO ANSWER QUESTIONS FROM COUNCIL, IF THERE ARE ANY QUESTIONS OR INPUT FROM THE PUBLIC AS WELL. AND THEN WE WILL BE LOOKING FOR SOME DIRECTION IN REGARDS TO THE IMPACT FEE SETTING THAT COUNCIL WOULD LIKE TO SET THEM AT AT THIS TIME.

WITH THAT, I WILL TURN THIS OVER TO CULLIN.

>> MARTHANK YOU, MIKE. AS MIKE MENTIONED, WE HAVE DONE A COUPLE OF PRESENTATIONS ON THIS SO I WILL TRY AND KEEP IT AS BRIEF AS POSSIBLE TONIGHT. BUT I WANT TO MAKE SURE THAT I TOUCH ON ANYTHING AND ANSWER ANY QUESTIONS THAT YOU GUYS MAY HAVE. SO TONIGHT IS THE CULMINATION OF OUR WHOLE I AM F IMPACT FEE PRO. CHAPTER 395 OF THE LOCAL GOVERNMENT CODE. IT IS A TECHNICAL APPROACH.

EACH STEP IS LINED OUT. AND SO TONIGHT IS THE CULMINATION OF THAT. SO WHAT IS AN IMPACT FEE? THE ONE-TIME CHARGE FOR NEW DEVELOPMENT.

IT IS SET BY THESE DIFFERENT CONCEPTS THAT WE WALK THROUGH WITH THE CAPITAL IMPROVEMENT ADVISORY COMMITTEE.

WE WALK THROUGH THAT. WE PRESENT ALL THE STEPS.

WE GOT RECOMMENDATIONS FROM THEM ON THAT.

AND THEN WE GET TO THE END TONIGHT TO TALK ABOUT THE SETTING THE POLICY. SO IMPACT FEE AS I MENTIONED, WITH AN IMPACT FEE, IT IS A WAY TO SHARE AND THE PART OF THE RESPONSIBILITY FOR NEW INFRASTRUCTURE THAT IS NEEDED THROUGHOUT THE CITY. WITHOUT THE IMPACT FEE, IT IS ALL FALLS ON THE TAXPAYERS TO PAY FOR NEW IMPROVEMENTS.

ANY NEW INFRASTRUCTURE THAT IS NEEDED, EXTRA CAPACITY THAT IS ON THERE, IT'S A WAY TO HELP THAT DEVELOPMENT PAY FOR THE INFRASTRUCTURE THAT IS NEEDED. SO QUICK BACKGROUND, WE HAVE BEEN UPDATING IMPACT FEE EVERY FIVE YEARS.

STARTED BACK IN 2001, UPDATED IN 2006, 2011, 2016.

THERE WAS A MINOR UPDATE TO THE ROADS ONLY IN 2018.

AND THEN TONIGHT WE ARE WORKING ON THAT FIVE-YEAR UPDATE FOR THE 2021/22 PERIOD. AS I MENTIONED, WE HAVE MET WITH THE CAPITAL IMPROVEMENTS ADVISORY COMMITTEE.

WE HAD TWO SEPARATE MEETINGS WITH THEM TO PRESENT THE LAND USE ASSUMPTIONS AS WELL AS THE IMPACT FEE AND THE CALCULATED COLLECTION RATES. WE PRESENTED BOTH OF THOSE TO THEM AT TWO SEPARATE MEETINGS. AND THEN AS OF APRIL 4TH, THEY HAVE SUBMITTED A LETTER TO YOU WITH THEIR RECOMMENDATION OF COLLECTING UP TO THE 50% WHICH WE WILL GET TO IN A MOMENT.

>>> AS I MENTIONED, PROCESS, WE START WITH UPDATING LAND USE ASSUMPTIONS. WE ARE LOOKING AT GROWTH FOR NEXT TEN YEARS, WHAT PROJECTS ARE NEEDED.

WHATEVER PROJECTS ARE DETERMINED ARE NEEDED, THAT UPDATES OUR CAPITAL IMPROVEMENT PLAN. THEN WE GO THROUGH THE TECHNICAL PROCESS TO DETERMINE THE IMPACT FEE CAN BE MAXIMUM ALLOWABLE.

WE PREPARE THE TECHNICAL REPORT. I BELIEVE YOU HAVE RECEIVED THE DRAFT. HOPEFULLY HAD A CHANCE TO READ THROUGH THAT. TONIGHT, HAVING THE PUBLIC HEARING, GETTING THE COUNCIL CONSIDERATION AND THEN ADOPTING THE ORDINANCE. SO AS I MENTIONED, IT IS A VERY TECHNICAL PROCESS. WE, AS THE ENGINEERS, CAME

[00:25:02]

TECHNICAL ELEMENTS, AS I MENTIONED, UPDATING SERVICE AREAS, UPDATING SERVICE UNITS, DETERMINING TEN-YEAR GROWTH, UPDATING THE IMPACT FEE IMPROVEMENT PLANS, DETERMINING THE COST PER SERVICE UNIT CALCULATIONS AND THEN DEVELOPING SERVICE UNIT EQUIVALENCIES AND THEN TONIGHT PUBLIC HEARING.

QUICK TOUCH ON THE LAND USE ASSUMPTIONS, THE CITY IS GROWING FAST AS A WHOLE. THE CITY IS GROWING ABOUT 5% PER YEAR OVER THE NEXT TEN YEARS IS OUR FORECASTED PROJECTION.

WE HAVE A COUPLE OF DIFFERENT SERVICE AREAS COVERING DIFFERENT PARTS OF THE CITY, SO YOU HAVE SOME DEVELOPMENT KIND OF MORE IN THAT WATER SERVICE AREA, SO THAT'S WHY THAT RATE LOOKS A LITTLE BIT HIGHER. BUT ON THE WHOLE, IT IS ABOUT 5% ACROSS THE CITY. SO WITHIN THE NEXT TEN YEARS, LOOKING TO GROW BY ABOUT 16,000 PEOPLE WITHIN THE WATER AND WASTEWATER SERVICE AREA AND ABOUT 13,000 PEOPLE WITHIN THE ROADWAY SERVICE AREA. EXCUSE ME, 23,000.

WHICH IS THE CITY LIMITS. UPDATING THE IMPACT FEE CIP, WE WORKED WITH CITY STAFF. WE REFERENCED CITY MASTER PLANS THAT WERE RECENTLY SUBMITTED. WE LOOKED AT THE TENURE LAND USE ASSUMPTIONS AND THOSE MASTER PLANS TO MAKE SURE WE WEREN'T CONFLICTING WITH ANY OF THOSE RECOMMENDATIONS.

WE EVALUATED THE CIP PROJECTS, ANYTHING THAT HAS BEEN PREVIOUSLY COMPLETED, IF THERE IS ADDITIONAL CAPACITY, WE DON'T BUILD THOSE THINGS TO JUST SERVE WHAT IS THERE WHEN IT IS BUILT.

WE ADD SOME ADDITIONAL CAPACITY ON TO THAT.

WE WANT TO RECOUP ANY OF THAT CAPACITY SO WE IDENTIFY THE PROJECTS FOR RECOUPMENT AND ANY NEW PROJECTS THAT ARE ADDED TO THE CIP. SO WHAT CAN BE INCLUDED IN THE IMPACT FEE? DEVELOPMENT, CONSTRUCTION, ENGINEERING, RIGHT-OF-WAY ACQUISITION, ANY DEBT SERVICE OR RECOUPMENT OF THE ACTUAL COST OF PREVIOUS PROJECTS.

THIS IS ONLY FOR NEW PROJECTS. REHAB CANNOT BE INCLUDED.

ANYTHING TO BRING UP TO STANDARDS NOW CANNOT BE INCLUDED. IT IS ONLY FOR NEW DEVELOPMENT.

WORKED WITH MIKE AND HIS STAFF TO DEVELOP THE TEN-YEAR CIP.

THERE'S ABOUT 26 PROJECTS, 13 RECOUPMENT PROJECTS, 13 NEW PROJECTS. GOT BUY-OFF FROM THOSE, THAT IS SERVING A LOT OF THE NEW DEVELOPMENT WITHIN THE CITY.

WE WALKED THROUGH THE IMPACT FEE CALCULATIONS SO THE TOTAL IMPACT FEE ELIGIBLE COSTS ARE 47,806,000.

WE CAN INCLUDE THE FINANCING COSTS.

WE ALSO INCLUDED -- EXCUSE ME, THAT WAS THE FINANCING COST TO GET THAT 61,600,000. THE GROWTH AND SERVICE UNITS OVER THE NEXT TEN YEARS, WHICH WE ARE LOOKING AT METER SIZES, GROWTH IN WATER METERS SIZES, TO NORMALIZE THAT TO 5,461.

THE MAXIMUM WATER IMPACT FEE PER SERVICE UNIT IS 11,285 BUT CHAPTER 395 GIVES US A 50% CREDIT SO THE MAXIMUM BEING $5,642 FOR THE WATER IMPACT FEE. SIMILAR WITH THE WASTEWATER MASTER PLAN, THERE'S ABOUT 27 WASTE WATER PROJECTS.

13 RECOUPMENT, 14 NEW PROJECTS. COUPLE BIG -- THERE'S A COUPLE BIG TREATMENT PLANT EXPANSIONS IN THERE.

SO TOTAL COST FOR THE WASTEWATER IMPACT FEE IMPROVEMENTS IS 43,448,000 INCLUDING THE FINANCING COSTS.

57 MILLION. GROWTH AND SERVICE UNITS, 6,473.

THE MAXIMUM ALLOWABLE BEING 8,872 WITH THE 50% CREDIT FROM CHAPTER 395, 4,436. MOVING ON TO ROADWAYS, 98 PROJECT SEGMENTS TO PROJECT COMPLETIONS, 12 PROJECT ADDITIONS. WORKED WITH CITY STAFF TO IDENTIFY THE DIFFERENT PROJECTS THERE.

TOTAL COST, $346.1 MILLION. ROADWAYIS A LITTLE BIT DIFFERENT. THEY HAVE 7 DIFFERENT SERVICE AREAS AS DEFINED BY CHAPTER 395, SIX MILES PER SERVICE AREA.

SO WE HAVE 7 DIFFERENT SERVICE AREAS.

WE CALCULATE THE MAXIMUM ALLOWABLE FOR EACH OF THOSE SERVICE AREAS. YOU WILL NOTICE SERVICE AREA 5, THERE IS A ZERO DOLLAR MAXIMUM THAT WAS DETERMINED BY THE CITY

[00:30:02]

BUT EVERYWHERE ELSE, CALCULATED THAT MAXIMUM ALLOWABLE IMPACT FEE. YOU WILL SEE THEM A LITTLE BIT DIFFERENT. THE LOWEST ONE, IF YOU WILL NOTE THERE IN SERVICE AREA 6 IS 972, THAT WILL COME INTO PLAY WHEN WE TALK ABOUT STAFF RECOMME RECOMMENDATIONS.

SO BENCHMARKING, GOING INTO THAT REAL QUICK, HOW DOES THE CITY OF MIDLOTHIAN COMPARE TO SURROUNDING CITIES AND AREAS WHERE THERE'S A LOT OF GROWTH HAPPENING.

AS YOU CAN SEE ON THE SLIDE UP HERE, THIS IS LOOKING AT A SINGLE FAMILY RESIDENTIAL LOT TO GO IN THERE.

WE HAVE IDENTIFIED WITH THE MAXIMUM ALLOWABLE WOULD BE.

SO IN THE BLUE, THAT IS OUR WATER IMPACT FEE AND THE GREEN THAT'S OUR WASTEWATER AND ORANGE IS OUR ROADWAY, THE AVERAGE.

MAXIMUM ALLOWABLE, IF YOU WERE TO CHARGE UP TO THE MAXIMUM, YOU WOULD BE OVER HERE JUST A LITTLE BIT LESS THAN CELINA, LITTLE BIT MORE DENYTON. 3500 FOR WATER AND WASTEWATER, AND THEN THE 972 MUTT MULTIPLIY THE SERVICE UNITED TO GET TO 2906, YOU WOULD STILL BE OVER HERE JUST LESS THAN DENTON AND LESS THAN CEDAR HILL. YOU ARE IN THE MIDDLE EXISTING AND THAT'S WHERE YOU LINE UP THERE.

WE PERFORMED A COUPLE OF OTHER BENCHMARKING FOR SOME DIFFERENT LAND USE TYPES. THIS IS GENERAL OFFICE.

AS YOU GET BIGGER WITH YOUR SERVICE UNITS, YOU GO UP IN COST. SO WITH MAXIMUM ALLOWABLE, YOU ARE OVER HERE ON THE RIGHT. WITH THE PROPOSED, LITTLE FURTHER THERE AND CURRENTLY. ONE THING TO NOTE AS YOU ARE LOOKING AT THESE NUMBERS UP HERE, A LOT OF THESE WERE DONE IN THE PAST FIVE YEARS AS WE KNOW COSTS HAVE GONE UP, CITIES ARE GROWING VERY QUICKLY UP HERE.

SO WE DO ANTICIPATE SOME OF THOSE GOING UP.

SIMILAR BENCHMARKING ASSESSMENT FOR 50,000 SQUARE FEET SHOPPING CENTER DOWN THERE FOR THAT SHOPPING CENTER, A LITTLE BIT LOWER ON THE CHART. AND THEN AGAIN FOR THE LIGHT INDUSTRIAL KIND OF A MIX THERE IN BETWEEN.

SO TONIGHT, FOR SOME CONSIDERATION WHEN SETTING THE POLICY, THERE'S SOME DIFFERENT WAYS TO DO IT, ACROSS THE BOARD NUMBER, WHICH WE HAVE BEEN DOING, ON THE ROADWAY SIDE, WHAT IS THE LOWEST NUMBER AND SETTING THAT FOR THE REST OF THE SERVICE AREAS. WE HAVE BEEN COLLECTING 2,000 FOR WATER, 3,000 FOR WASTEWATER. SO SPECIAL CONSIDERATIONS, YOU CAN SOMETIMES SAY IN THOSE DIFFERENT ROADWAY SERVICE AREAS, EUROPEAN UNION, I WILL COLLECT 972 OR YOU CAN COLLECT UP TO THE MAX IN EACH OF THOSE SERVICE AREAS, JUST CAN'T COLLECT MORE THAN THE MAX IN THOSE DIFFERENT AREAS.

THERE'S ALSO CONSIDERATIONS FOR RAMPING UP IN THAT ORDINANCE WHERE IF YOU SET A CERTAIN DATE WHERE YOU CAN PLAN TO INCREASE IT, YOU CAN INCLUDE THAT AS WELL.

SO STAFF HAS RECOMMENDED ON THE WATER AND WASTEWATER SIDE, 3500 FOR THE WATER AND THE WASTEWATER.

AND 972 PER VEHICLE MILE ON THE ROADWAY.

AS FAR AS THE CIAC CIAC RECOMMENDATION, THEY RECOMMENDED UP TO 50%. THIS TABLE SUMMARIZES WHERE YOU ARE AT AS OF THE LAST IMPACT FEE UPDATE IN 2016, COLLECTING 2,000 FOR WATER, 3,000 FOR WASTEWATER, 786 PER VEHICLE MILE FOR ROADWAY. WHERE YOU ARE AT IS ABOUT 36% OF THE CREDITED MAX FOR WATER. 81% FOR WASTEWATER AND DEPENDING ON THE DIFFERENT SERVICE AREAS, YOU ARE BETWEEN 31 AND 86 PERCENT. ACCORDING TO THE MOST RECENT RECOMMENDATION BY STAFF IS WHAT IS SHOWN ON THE BOTTOM DOWN HERE. 3500 FOR WATER, 3500 FOR WASTEWATER, THAT'S UP CLOSER TO 62 AND 79 PERCENT OF THAT CREDITED MAX. AGAIN, YOU CAN GO UP TO THE 5500 AND 4400 FOR THOSE. AND THEN FOR EACH OF THE SERVICE AREAS, SETTING THAT AT THE MAXIMUM OF THE ONES WHERE WE COLLECTED THE DIFFERENT RATES AT WHICH YOU WOULD BE AT THE PERCENT FOR CREDITED MAX. WITH THAT, I OPEN IT FOR ANY

QUESTIONS THAT YOU MAY HAVE. >> MAYOR: GIVEN YOUR GROWTH RAE

[00:35:15]

>> THE 5% WE LOOK BACK HISTORICALLY, HOW HAS THE CITY BEEN GROWING. THAT IS HOW WE DETERMINED THE 5% MOVING FORWARD. IF THE GROWTH RATE IS GETTING MUCH HIGHER THAN THAT 5%, THERE IS THE OPTION -- YOU HAVE TO UPDATE THIS EVERY FIVE YEARS. BUT IF YOU CHOOSE TO UPDATE THIS BECAUSE YOU SEE THE CITY GROWING FASTER AND NEEDING MORE INFRASTRUCTURE, YOU CAN UPDATE IT IN ONE YEAR OR TWO YEARS.

>> THE IMPACT IS, WE WILL COLLECT LESS THAN WE COULD HAVE?

>> NOT NECESSARILY BECAUSE THE INFRASTRUCTURE IS WHAT WE --

YES, BUT -- >> IF THE RATE IS HIGHER.

>> CORRECT. >> SIGNIFICANTLY HIGHER.

>> CORRECT. >> COUNCIL? DO WE HAVE A MOTION TO CLOSE THE PUBLIC HEARING?

>> MAKE A MOTION TO CLOSE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE PUBLIC HEARING, SECONDED. PLEASE VOTE.

WE ARE CLOSED 6-0. DID WE NOT, FROM THE WORKSHOP, SAY WE WANTED TO GO UP TO THE FULL AMOUNT FOR BOTH WATER AND

SEWER. >> I WAS ABOUT TO ADDRESS THAT, MAYOR. THE DIRECTION WE GOT WAS TO TAKE THE WATER AND SEWER UP TO THE MAX.

AND THE ROADWAY WAS STILL AT 972 PER THAT MEETING.

>> IS THAT REFLECTED IN WHAT IS PROPOSED HERE?

>> YOU NEED TO SET THE RATE. IF YOU WANT TO SET IT AT THE MAX, THAT WILL BE THE MOTION TO SET IT AT THE MAXIMUM.

>> OKAY. UNLESS THERE ARE OTHER QUESTIONS OR COMMENTS OR DISCUSSION, I WILL TAKE A MOTION, PLEASE.

WALTER. >> I MOVE TO APPROVE.

>> AT THE MAXIMUM RATE. >> WHAT WAS PRESENTED WITH THE 3500 FOR WATER AND -- I DON'T KNOW WHY THE NUMBERS ARE RIGHT

THERE. >> I APOLOGIZE, I WASN'T AT THE WORKSHOP LAST WEEK, BUT I HAD HEARD BACK THAT WE WERE LOOKING AT PUTTING BOTH WATER AND WASTEWATER AT THE MAX.

SO WITHIN THE ORDINANCE ITSELF, IT IS SET AT THE MAX.

50% ON BOTH WATER AND WASTEWATER, ROADS BEING AT 972.

THAT'S HOW THE ORDINANCE IS WRITTEN RIGHT NOW.

THE STAFF REPORT WAS LENGTHY, I DIDN'T HAVE A CHANCE TO PUT EVERYTHING IN TO CHANGE IT FROM WEDNESDAY BEFORE HAVING THE AGENDA READY. BUT WE DO HAVE WITH THE ACTUAL ORDINANCE ITSELF. THIS GIVES US A LITTLE BREAKDOWN TO KIND OF SHOW WHAT THOSE RATES ARE IN REGARDS TO WHAT STAFF HAD RECOMMENDED, CURRENT RATE, AND LOOKING AT COUNCIL WITH HAVING 50% OF THE MAXIMUM OF WATER AND WASTEWATER SIDE.

YOU CAN SEE WHAT THAT DOES ON DIFFERENT SCENARIOS WITH THE BENCHMARKING. TO GIVE YOU AN ORDER AND SHOW YOU WHAT THAT LOOKS LIKE. THAT'S HOW THE ORDINANCE IS

WRITTEN. >> SO, MAYOR, THE MOTION WOULD BE ADEQUATE IN THAT VEIN, IF YOU JUST SIMPLY SAID MOVE TO APPROVE IN ACCORDANCE WITH THE ORDINANCE AS PRESENTED IN THE PACKET.

>> OKAY. >> ONLY THING WE NEED TO DO ON OUR END, WE NEED TO GET A DATE THAT COUNCIL WANTS TO IMPLEMENT, PUT THE COLLECTION RATE IN EFFECT.

MY UNDERSTANDING AND KEVIN CAN CORRECT ME, BUT DEVELOPMENTS PLATTED CURRENTLY ARE GRANDFATHERED FOR FINAL YEAR.

ANYTHING FINAL PLATTED WOULD BE GRANDFATHERED FOR ONE YEAR UNDER THE CURRENT RATE. ANYTHING THAT HAS NOT BEEN FINAL PLATTED, COUNCIL CAN PUT THE DATE ON IT.

WHATEVER DATE THEY WANT TO MAKE THAT, WE WILL START IMPLEMENTING THE NEW RATES ON A PARTICULAR DATE.

>> WE NEED A DATE FOR THE MO MOTION?

>> PRESENTLY MAYOR THE ORDINANCE PROVIDES FOR IT TO BE EFFECTIVE IMMEDIATELY. BUT TYPICALLY WE WOULD TRY TO MAKE IT EFFECTIVE BY A DATE CERTAIN.

THAT IS UP TO YOU. WE CAN MAKE IT EFFECTIVE FIRST

OF MONTH. >> NORMALLY I WOULD ASK CLARK THIS KIND OF QUESTION. HE IS MORE INTO THE DEVELOPMENT SIDE OF THINGS. BUT WHAT WOULD BE -- I HATE TO SAY FAIR, BUT WHAT WOULD BE AN APPROPRIATE --

>> REASONABLE. >> AND REASONABLE START? I DON'T KNOW THAT FIRST OF THE MONTH WOULD -- I MEAN, I FEEL LIKE WE HAVE DEVELOPMENTS AND DEVELOPERS AND PLANNING THAT'S IN PLACE THAT IT WOULD SEEM PRUDENT TO JUST SAY, HEY, WE KNOW YOU DID ALL THIS WORK AND ALL THESE CALCULATIONS, PS, IN

[00:40:01]

15 DAYS, THAT ALL CHANGES. >> JULY 1 DATE.

THERE'S A DATE THAT -- JUST NOT NEXT MONTH OR NEXT WEEK, BUT A

LITTLE BIT OF TIME. >> IF WE BUMPED IT OUT TO

OCTOBER BEING OUR FISCAL YEAR. >> MAKE IT THE 5TH OF OCTOBER.

>> SO WE HAVE A MOTION TO APPROVE THIS AS PRESENTED WHICH INCLUDES SEWER AND WATER GOING TO THE MAX ALLOWABLE WITH OCTOBER 1 START DATE, GRANDFATHERED FOR THE OTHER.

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

>> WE HAVE A SECOND. IS THERE ANY OTHER DISCUSSION? PLEASE VOTE. SO THE MOTION PASSES 6-0.

THANK YA'LL. >> THANK YOU, GENTLEMEN.

[2022-150]

>> ITEM 2022-150, CONDUCT A PUBLIC HEARING AND CONSIDER AND ACT UPON AN ORDINANCE FOR A SPECIFIC USE PERMIT FOR A SECONDARY DWELLING, PRESENTLY ZONED SINGLE-FAMILY ONE DISTRICT AND AGRICULTURAL DISTRICT.

THE PROPERTY IS LOCATED ON 14+ ACRES ON THE EAST SIDE OF FM 663, BETWEEN COVENTRY DRIVE AND MCALPIN ROAD, COMMONLY KNOWN AS 5880 FM 663. MARKOS.

>> THE APPLICANT HAS REQUESTED THIS BE CONSIDERED TO THE

APRIL 26TH MEETING. >> DOES THAT REQUIRE A MOTION?

>> THE APPLICANT DOES WANT A LITTLE BIT MORE TIME.

THEY MAY NOT DO THE SECONDARY DWELLING UNIT OPTION AND SO THEY HAVE REQUESTED TO GET WITH STAFF AND DISCUSS THAT.

>> WHAT WE SHOULD DO IS GO AHEAD, IF WE HAVE OPENED THE PUBLIC HEARING, WE CAN GO AHEAD AND OPEN PUBLIC HEARING WITHOUT PRESENTATION. I WOULD MOVE TO CONTINUE THE PUBLIC HEARING TO THE APRIL 26TH MEETING ALONG WITH THE ITEM SO WE DON'T HAVE TO WORRY ABOUT HAVING TO REPOST THE NOTICE.

>> I HAVE A QUESTION. I DON'T KNOW WHEN THIS IS THE APPROPRIATE TIME TO ASK THIS QUESTION.

BUT I READ WHAT THEY ARE DOING. IT SEEMS KIND OF BACKWARDS THAT WE PUTTING THE APPLICANT AND STAFF THROUGH THIS PROCESS.

THEY WANT TO BUILD A HOUSE AND WE DON'T HAVE ANY MECHANISM IN OUR ORDINANCES FOR THEM TO BUILD A BIGGER HOUSE ON THEIR PROPERTY. SO COUNTLESS HOURS HAVE PROBABLY GONE INTO THIS AND NOW WE ARE GOING TO CONTINUE IT FOR WHATEVER REASON. IT SEEMS STRANGE.

HOW DO WE FIX THIS? >> THERE'S REALLY NO WAY TO FIX IT. OTHER THAN THE WAY WE ARE TRYING TO, TO ADDRESS THIS. LARGELY BECAUSE -- I MEAN, THIS IS OUR ONE WHERE THEY HAVE ALREADY GOT THE EXISTING HOUSE, THEY WANT TO BUILD A SECOND HOUSE.

BUT YOU ARE IN A SINGLE FAMILY ZONED DISTRICT IS THE PROBLEM.

SO YOU CAN'T HAVE TWO SINGLE FAMILY DWELLING UNITS ON A SINGLE FAMILY LOT OUTSIDE OF THIS PROCESS.

>> I AGREE WITH THAT. AND I WILL KEEP THIS BRIEF, TO KEEP EVERYTHING ONLINE. I AGREE WITH THAT.

HOWEVER, IT IS PROVIDED BY RIGHT, IF I COULD GET THE SPECIFIC -- WHERE IS THAT? TYPICALLY, PROVIDED BY RIGHT.

SO IF IT WAS THE OTHER WAY AROUND, THEY LIVED IN 4,000 SQUARE FEET HOUSE AND WANTED TO BUILD ONE THOUSAND SQUARE FEET HOUSE, MOSTLY ALL OF THAT WOULD APPLY WITHOUT QUESTION.

>> WELL, NOT EXACTLY. BECAUSE THE -- IT WOULD BE PROVIDED BY RIGHT AS LONG AS THEY ARE ON THE SAME ELECTRIC METER, SAME SEWER CONNECTION, SAME WATER CONNECTION.

IN THIS INSTANCE, TWO SEPARATE HOUSES METERED SEPARATELY AND SERVED SEPARATELY IN SEPTIC. SO THAT'S THE OTHER REASON.

I MEAN, EVEN IN OTHER SCENARIOS WHERE YOU HAVE THE MAIN HOUSE BUILT AND TRYING TO PUT A SECOND ONE, YOU WOULD HAVE TO COME IN FOR A SUP TO GET THOSE SEPARATE SERVICES.

AGAIN, THE THEORY BEING, OF COURSE, YOU DON'T WANT A WHOLE BUNCH OF BASICALLY SECOND RENTAL HOUSES.

I REALLY WANT THESE TO BE SECONDARY DWELLINGS USED IN ASSOCIATION WITH THE PRIMARY UNIT BECAUSE THE FACT THEY ARE

IN A SINGLE FAMILY DISTRICT. >> I UNDERSTAND.

>> THAT'S THE OTHER REASON. >> SO WE WILL CONTINUE THIS WITHOUT FURTHER DISCUSSION. I BHOF MOVE THAT WE CLOSE THE ON

[00:45:02]

>> MR. MAYOR, NO, JUST CONTINUE -- OPEN AND CONTINUE

THE PUBLIC HEARING. >> OKAY.

SO IT IS OPEN AND -- >> I MAKE A MOTION THAT WE

CONTINUE TO APRIL 26TH MEETING. >> SECOND.

>> OKAY, PLEASE VOTE. ITEM IS CONTINUED UNTIL NEXT CCOUNCIL SESSION. ITEM 2022-151 CONDUCT A PUBLIC

[2022-151]

>> THANK YOU, MAYOR, THE ZONING ORDINANCE DOES REQUIRE SUP FOR ANY HOME BUILDER SIGN THAT FACES RIGHT-OF-WAY.

IN THIS PARTICULAR CASE, ONWARD ROAD IS A MINOR ARTERIAL.

YOU CAN'T GO OVER 15 FEET IN HEIGHT.

THE PROPOSED SIGN DOES MEET ALL THE REQUIRED REGULATIONS.

WE DID SEND OUT FIVE NOTIFICATIONS, STAFF HAS NOT RECEIVED ANY RESPONSES. ON MARCH 15, THE COMMISSION UNANIMOUSLY APPROVED THIS REQUEST AS PRESENTED.

I WILL CONTINUE TO STAND FOR QUESTIONS.

>> OFF OFF. >> A TEMPORARY SIGN.

YES, SIR. >> OUR STANDARDS FOR THESE REQUIRE, AGAIN, THEY DON'T STAY FOREVER AFTER THEY HAVE REACHED A CERTAIN LEVEL OF BUILD-OUT, NO MORE ACTIVITY PERMITS FOR A PERIOD OF TIME, THEN SIGNAGE COMES DOWN.

>> YES, SIR. >> DO WE HAVE A MOTION.

>> CLOSE THE PUBLIC HEARING. >> SECOND.

>> MOTION TO CLOSE, SECONDED. PLEASE VOTE.

THE ITEM IS CLOSED. ANY DISCUSSION, COUNCIL?

>> MOVE TO APPROVE. >> MOTION APPROVED. SECO NDED. PLEASE VOTE. ITEM PASSES 6-0.

[2022-152]

ON THE U.S HWY 67 FRONTAGE ROAD >> AGAIN, THIS IS GOING TO BE ONE PRESENTATION THAT COVERS THE NEXT TWO AGENDA ITEMS FOR 53 AND 54. THE APPLICANT CALIBER COLLISION IS REQUESTING FOR A ZONING CHANGE AS WELL AS A SPECIFIC USE PERMIT. SO THIS ONE PRESENTATION WILL COVER BOTH OF THOSE TOPICS. SO AGAIN, THE APPLICANT, CALIBER COLLISION IS REQUESTING TO GO ADJACENT TO THE TRACTOR SUPPLY OFF U.S. 67 SERVICE ROAD. THE TOTAL PROPERTY BEING 1.86 ACRES AND CURRENT PROPERTY BEING ZONED COMMUNITY RETAIL AND THE APPLICANT IS REQUESTING TO REZONE IT TO COMMERCIAL TO ALLOW THE USE. SO THIS NEXT SLIDE DEPICTS OVERALL SITE PLAIN LAYO PLAN LA. THE TOTAL BUILDING 2747 SQUARE SPEED, OFFICE SPACE. ON AVERAGE, YOU ARE LOOKING AT ROUGHLY 15 TO 25 EMPLOYEES, AS WELL AS TWO TO THREE DROP-OFFS AND PICK-UPS PER DAY, 8 TO 13 CUSTOMERS PER DAY 7 A.M., 6 P.M., MONDAY THROUGH FRIDAY. THIS NEXT SLIDE DEPICTS OUR DEVELOPMENT STANDARDS CHART FOR COMMERCIAL ZONING ALONG THE LEFT-HAND SIDE HERE WITH THE CITY OF MIDLOTHIAN STANDARDS FOR COMMERCIAL ZONING AND WITH CALIBER COLLISION, THE APPLICANT IS PROVIDING IN THE THIRD COLUMN, AS WELL AS THE MEETS COLUMN. THE COLUMN IS MEETING ALL OF THE REQUIREMENTS BEING LOT AREA, LOT WIDTH, LOT COVERAGE, HEIGHT, SETBACKS WITH THE EXCEPTION OF THE PARKING AT THE BOTTOM.

SO THE APPLICANT IS REQUESTING TOTAL OF 79 SPACES.

HOWEVER, INCLUDING THE 25% MAXIMUM PER OUR ZONING ORDINANCE, THEY ARE ALLOWED UP TO 77 SPACES.

WE ALSO WANT TO NOTE THAT 63 OF THE 79 SPACES WILL BE USED FOR OUTSIDE STORAGE WHICH IS SOMETHING WE WILL TOUCH ON HERE A LITTLE MORE IN A SECOND. THE LANDSCAPE PLAN, THE

[00:50:06]

AS YOU GUYS ARE AWARE IN OUR STAFF REPORTS, WE LISTED WITHIN OUR STAFF CONCERNS SECTION, ONE OF THE CONCERNS WAS ARTICULATION. WE WANT THE APPLICANT TO REVISE IT TO ADD MORE PARAPETS. ALONG THE TOP HERE AND SIDE HERE, THE APPLICANT DID PROVIDE THAT AND SO THOUGH WE ARE RECOMMENDING DENIAL FOR BOTH THE ZONING CHANGE AND THE SUP, THE COUNCIL CHOOSES TO OR CONSIDERS RECOMMENDING APPROVAL, WE AS STAFF ARE RECOMMENDING THAT THIS OPTION FOR THE ALTERNATIVE OPTION BE INCLUDED IN YOUR APPROVAL.

AGAIN, WE DID HAVE A FEW STAFF CONCERNS BEING USE OF PROPERTY, STORAGE OF CARS, ARTICULATION AND SCREENING.

SO GOING OFF MAINLY THE USE OF THE PROPERTY, WE BELIEVE THAT ANY TIME WE BRING ZONING CHANGE REQUEST TO CITY COUNCIL, THAT THE APPLICANT EITHER MEET OR EXCEED THE EXISTING PROPERTY OR THE CURRENT LAYOUT OF THE PROPERTY.

WE DON'T BELIEVE THAT THE CALIBER COLLISION IS THE HIGHEST AND BEST USE FOR THIS PROPERTY. THOUGH CALIBER COLLISION IS GOING ADJACENT TO TRACTOR SUPPLY, TRACTOR SUPPLY IS MORE TARGETED TOWARD RETAIL USE. CALIBER COLLISION, THEY HAVE A LITTLE BIT OF RETAIL, THEY ARE MORE TARGETED TOWARD AUTO REPAIR. ALSO STORAGE OF CARS, LARGELY THOSE CARS STORED ALONG THE LEFT-HAND SIDE OF THE -- LARGE PORTION OF THOSE CARS STORED ALONG THE LEFT-HAND SIDE WITH A FEW MORE STORED HERE. AGAIN, 63 OF THOSE 79 SPACES ARE GOING TO BE USED FOR STORAGE. DUE TO THAT AREA, HOW WE ENVISION THAT AREA AS A CITY, THAT'S ANOTHER PRIMARY CONCERN THAT WE HAVE FOR THAT. ALSO, THE ARTICULATION, WE TOUCHED ON THAT WITH THOSE ELEVATION EXAMPLES.

IF YOU GUYS DO CHOOSE TO APPROVE THIS CASE, WE RECOMMEND THAT YOU GUYS GO WITH THE ALTERNATIVE OPTION WITH MORE PARAPETS.

AND THE SCREENING FOR THE SITE, WE BELIEVE THAT SIX FOOT MASONRY SCREEN WALL SHOULD BE PROVIDED WITH LANDSCAPING ALONG THE WESTERN BOUNDARY OF THE PROPERTY AND FOR THE NORTHERN AND EASTERN BOUNDARIES OF THE PROPERTY WE REQUEST SIX-FOOT WROUGHT IRON WITH LANDSCAPING BE PROVIDED. WE BELIEVE IF WE ARE GOING TO RECOMMEND A ZONING CHANGE FOR APPROVAL, WE BELIEVE IT SHOULD COME IN AND EXCEED WHAT WE ENVISION FOR THAT AREA.

WE DON'T BELIEVE THAT CALIBER COLLISION IS THE HIGHEST AND BEST USE FOR THAT PROPERTY. AT THE MARCH 15TH PLANNING & ZONING MEETING, THE PLANNING & ZONING COMMISSION RECOMMENDED 6-0 TO DENY THE CASE. AGAIN, DUE TO STAFF CONCERNS, STAFF HAS RECOMMENDED DENIAL FOR THE ZONING CHANGE AND SUP.

>> MAYOR: ANY QUESTIONS FOR COUNCIL?

>> THIS ONE I FIND INTERESTING. CAN YOU DEFINE STAFF'S DECISION TO CATEGORIZE CUSTOMER CARS AS OUTDOOR STORAGE?

>> YEP. SO DUE TO THE CARS BEING STORED ALONG THAT OUTSIDE HERE, LARGE PORTION OF THOSE CARS, 63 OF THOSE 79 SPACES, ARE GOING TO BE USED FOR STORAGE SPACE.

WHILE A LOT OF THOSE CARS GOING IN AND OUT AND BEING WORKED ON, THE PRIMARY USE FOR THAT IS STORAGE.

>> SO HELP ME UNDERSTAND THE BUSINESS MODEL OF A CAR DEALERSHIP? THAT WOULD BE THE SAME, RIGHT?

OUTDOOR STORAGE OF VEHICLES? >> IN A SENSE.

SOME AREAS IT COULD BE OUTDOOR DISPLAY, OUTDOOR STORAGE.

BUT A LOT -- IT DEPENDS ON THE CITY.

BUT A LOT OF THOSE FALL UNDER THE SAME UMBRELLA, IF YOU WILL.

>> PROBABLY 90 PLUS% OF THOSE VEHICLES WILL BE REGISTERED AND

INSURED? >> YEAH.

YES. BUT I CAN LET THE APPLICANT

SPEAK MORE TO THAT AS WELL. >> WOULD THAT ALSO MAKE THEM CARS LEGALLY PARKED IN LEGAL PARKING SPACES?

>> IF YOU WANT TO GET TECHNICAL, YES.

>> I'M JUST -- I'M TRYING TO ILLUSTRATE WHAT I THINK IS AN INAPPROPRIATE CATEGORIZATION OF CARS IN A PARKING LOT IN A BUSINESS MODEL THAT NEEDS PARKING SPACES AND THEN CALLING CARS STORAGE. THAT'S NOT WHAT IT IS.

IF THAT'S WHAT THAT IS, THEN A CAR DEALERSHIP IS STORING CARS OUTSIDE AND WE SHOULD TREAT IT EQUALLY.

>> AND IN THE SENSE, AGAIN, A LOT OF SP CITIES WILL HAVE OUTDR DISPLAY USE IN WHICH YOU WOULD SEE THOSE BEING TREATED THE

[00:55:03]

THAT'S HOW WE ARE PHRASING IT THAT WAY.

>> SO YOU SAID IT IS SUPPOSED TO GO IN -- OR WOULD LIKE TO GO IN

NEXT TO THE TRACTOR SUPPLY? >> CORRECT.

>> BY THE WALMART? >> CORRECT.

>> HOW IS THE SIDEWALK SITUATION OVER THERE?

IT LACKS. >> SO COMMUNITY RETAIL USUALLY INCORPORATES SOME KIND OF WALKABILITY, EASY TO AND FRO ACCESS AND WE ARE TALKING ABOUT THE FRONTAGE ROAD TO 67 WITH NO PERMANENT SIDEWALK CONNECTIVITY AT THIS TIME?

>> CORRECT. >> AND TRACTOR SUPPLY USUALLY HAS, IN THE AREA THAT YOU ARE CONCERNED ABOUT, 18-WHEELER DISCONNECTED FROM -- OR 189 18-WHEELER DISCONNECTED FROM 1 18-WHEEL TRACTOR USED FORK STORAGE.

FORSTORAGE. THEY USUALLY PUT HAY IN IT.

PROBABLY NOT ALLOWED BY THEIR AGREEMENTS, WHATEVER THEY MAY

BE. >> PROBABLY.

>> THAT'S ALL I HAVE FOR NOW. >> I HAVE A QUESTION.

THAT'S THE RIGHT PICTURE. IS THAT A PERIMETER FENCE?

IS THAT A MEASURED FENCE. >> WHAT IS EXISTING RIGHT NOW WITH THE APPLICANT IS MAINLY RELYING ON IS THERE'S THIS RETAINING WALL BACK HERE THAT KIND OF STARTS ALONG HERE AND GOING ALONG THE BACK, MASONRY SCREENING WALL.

THE APPLICANT IS MAINLY RELYING TO USE THAT FOR SCREENING AND THEY ARE -- I DO WANT TO ADD, THEY ARE ADDING SOME LANDSCAPING ALONG HERE. WE ARE WANTING TO SEE SOME ADDITIONAL WALL SCREENING IN ADDITION ON LANDSCAPING TO THE

SIDE AS WELL. >> I'M JUST LOOKING AT, ALL RIGHT, THE MORE THOSE CARS CAN BE HIDDEN FROM THE HIGHWAY, THE

BETTER. >> RIGHT.

>> THAT WAS AN 8-FOOT WALL. >> RIGHT, RIGHT.

>> IS THERE ANY CONTROL ON HOW LONG A CAR CAN BE PARKED?

>> YES, THAT'S SOMETHING WE WANTED TO ALSO RELY ON YOU GUYS FOR MORE GUIDANCE. I KNOW THE APPLICANT IS GOING TO SPEAK MORE TO THEIR PROCESS, HOW FAST THEY ARE WILLING TO GET THOSE CARS IN AND OUT. BUT WE ARE GOING TO LOOK TO YOU GUYS AS COUNCIL TO SEE HOW SOON YOU GUYS FEEL COMFORTABLE WITH -- IF YOU GUYS CHOOSE TO APPROVE IT, HOW LONG YOU GUYS FEEL COMFORTABLE LEAVING CARS ON THE SITE BEFORE THEY HAVE TO BE

MOVED. >> I TAKE THE APPLICANT IS HERE.

>> THE APPLICANT IS HERE, YES, SIR.

>> DOES HE WISH TO SPEAK? >> YES, THEY DO.

>> KEVIN, QUICK QUESTION FOR YOU.

CAN WE APPLY UPON A SINGLE USER A TIME FRAME FOR VEHICLES IN

THEIR PARKING LOT? >> WELL, PRETTY MUCH AS YOU HAVE DISCUSSED, THE CONCEPT OF WHETHER IT IS PARKING VERSUS STORAGE, I THINK THERE COMES A POINT IN TIME THAT BEYOND WHICH YOU ARE NOT JUST PARKING BUT NOW YOU ARE STORING VEHICLES.

AND SO AND NOT WORKING ON THEM. SO I THINK THERE IS A POINT IN TIME WHERE THEY HAVE TO BE UNDERACTIVE REPAIR OR WAITING ON PARTS OR SOMETHING LIKE THAT AS OPPOSED TO SITTING IDLE BECAUSE NOBODY IS PICKING THEM UP AND BECAUSE THEY ARE NOT DELIVERING THE VEHICLE. I THINK YOU CAN REGULATE TO MAKE THAT DISTINCTION, LARGELY TO KEEPING IT TO BECOME A VEHICLE STORAGE FACILITY VERSUS AN ACTIVE --

>> ACTIVE MAINTENANCE AND REPAIR, THAT IS SUBJECTIVE IN THE FACT THAT WE ALL HAVE SUPPLY CHAIN ISSUES AND DELAYS AND WHATNOT. IF A CAR COMES IN FOR REPAIR, BODY WORK, THEY ARE WAITING FOR PANELS, PARTS, PAINT, WHATEVER, IT IS OUT OF THE CONTROL OF THE OWNER AND THE VEHICLE AND THE

SHOP OWNER. >> I DIDN'T SAY IT WOULD BE

EASY; I SAY WE CAN DO IT. >> NAME AND --

>> MR. MAYOR, COUNCIL, MY NAME IS JAY CHILDS.

I'M REPRESENTING MS. HEATHER REMMER AND CROSS DEVELOPMENT FOR CALIBER. I WOULD LIKE TO START OFF BY TELLING YOU WE STIPULATE TO ALL THE COMMENTS AND CHANGES THAT

[01:00:01]

THEY HAVE BEEN VERY INTERACTIVE WITH US THROUGH THE WHOLE PROCESS. SO TO ONE QUESTION YOU GUYS ROSE WAS THE WEST PROPERTY LINE IS GOING TO BE A THIN WALL MASONRY WALL. SO IT WILL BE ALL SCREENED ALONG THE WEST SIDE. THEY ARE -- THERE WILL ONLY BE CARS BROUGHT IN BY CONTRACT WRECKERS.

THEY WON'T BE A WRECKER SERVICE PER SE ASSOCIATED WITH THIS BUSINESS. IT WILL JUST BE THE CONTRACTORS THAT ARE BRINGING CARS IN AND CUSTOMERS THAT ARE PICKING THEM UP. A LITTLE BIT ABOUT CALIBER, THEY ARE A NATIONAL COMPANY. YOU GUYS HAVE SEEN THEM AROUND TOWN, I'M SURE. ON A STORE BY STORE BASIS, THEY DO ABOUT $400,000 A MONTH IN REVENUE, SO THEY ARE ABOUT A 5 MILLION-DOLLAR COMPANY THAT WANTS TO COME TO MIDLOTHIAN.

THEY EMPLOY 15 TO 25 PEOPLE. THE AVERAGE INDIVIDUAL WORKING IN THE AUTOMOBILE REPAIR AREA MAKES ABOUT $75,000 ON THE LOW END. SO THEY ARE BRINGING GOOD JOBS TO THE COMMUNITY ALSO. ALL THE WORK ON THESE CARS ARE DONE INSIDE THE FACILITY. NO WORK IS DONE IN THE PARKING LOT. NO WORK IS DONE OUTSIDE OF THE FACILITY. INSIDE THE FACILITY, IN THE PAINTING, ALL THE EXHAUST SYSTEMS ARE EPA COMPLIANT OR BETTER. THEY HAVE DONE NOISE STUDIES ON THEIR FACILITY AND I HAVE CHECKED THE ORDINANCES HERE IN MIDLOTHIAN AND ALL THEIR NOISE STUDIES FALL FAR BELOW THE NOISE LEVELS THAT ARE ALLOWABLE IN MIDLOTHIAN.

SO WE WORKED HARD TO COMPLY WITH WHAT PLANNING NEEDS.

WE FEEL LIKE WE PRESENTED A REALLY GOOD PROJECT AND REALLY GOOD PRESENTATION FOR IT TO BE THERE.

I'M A RESIDENT OF MIDLOTHIAN ALSO.

I HAVE BEEN HERE FOR 32 YEARS. AND I'M KIND OF SICK OF SEEING THAT LITTLE HOLE IN THE GROUND OVER THERE.

SO NOT SAYING I'M NOT GOING TO DEBATE OR ARGUE WITH COLBY ABOUT WHETHER IT IS THE HIGHEST AND BEST USE.

IT IS A GOOD USE FOR THAT PIECE OF PROPERTY.

I ALSO WANT TO SAY IN THE STAFF REPORT, IT TALKS ABOUT THERE'S WATER AND SEWER AVAILABLE. WELL, THE SEWER IS AVAILABLE, 400 FEET AWAY FROM US AND EIGHT FEET ABOVE US.

I DON'T GET TO DROP A SERVICE INTO A GRAVITY SEWER.

I WILL HAVE TO PUT A MECHANICAL SYSTEM IN IT.

THIS SITE IS GOING TO BE VERY -- MORE EXPENSIVE TO DEVELOP THAN A TYPICAL PAD SITE READY FOR DEVELOPMENT.

I SAY THAT TO EMPHASIZE THAT CALIBER REALLY WANTS TO BE IN MIDLOTHIAN. AND I PERSONALLY, AS A RESIDENT AND AS A CONSULTING ENGINEER WORKING FOR THEM, THINKING THEY ARE BRINGING A GOOD PRODUCT TO MIDLOTHIAN.

SO WITH THAT, I WOULD ENTERTAIN ANY QUESTIONS AND MISS REMMER IS HERE. WE WOULD REALLY LIKE TO -- JUST LIKE YOU TO GIVE US A FAIR SHOT AND WE THINK WE HAVE GOT A GOOD

PROJECT FOR THE CITY HERE. >> HOW FAR IS IT BETWEEN THIS

FACILITY AND TRACTOR SUPPLY? >> THEY ARE ADJACENT, MR. SIBLEY. THEY ARE NEIGHBORS.

OUR ACCESS WILL COME FROM THE TRACTOR SUPPLY'S ENTRANCE OFF OF THE SERVICE ROAD. WE DON'T SATISFY THE -- IN THAT POSTED SPEED LIMIT, WE NEED 425 FEET BETWEEN DRIVE ENTRANCES. SO THE PLANNERS DID A NICE JOB.

LEFT AN ACCESS AND WE WILL CONTINUE THAT ACCESS SOUTHWARD, SOUTHWEST WARD AND USE THAT AS OUR ACCESS.

WE WILL PROVIDE ACCESS TO THE SOUTHWEST VACANT LAND THAT WILL

BE LEFT OVER. >> I'M GOING TO HAVE SEVERAL QUESTIONS, COUNCIL, SO BEFORE YA'LL -- ANY OTHER QUESTIONS

BEFORE I -- >> I HAVE A COUPLE.

YOU SAID THIS IS A MASONRY SCREENED WALL, YES?

>> YES, SIR, A THIN WALL, MASONRY SCREENED WALL.

>> I'M LOOKING AT THE WEST SIDE OF THE PROPERTY.

>> YES, SIR. >> GARAGE DOORS, BAY DOORS ON THE WEST SIDE IN MAYBE IF YOU COULD FLIP BACK TO THE

ELEVATION, DHA MIGHT HELP ME. >> BEAR WITH ME.

>> AND THE ELEVATIONS THAT WERE REPRESENTED HERE, ARE THESE THE ALTERNATIVE ONES THAT STAFF RECOMMENDED IF WE SHOULD

APPROVE? >> THESE ARE WITHOUT THE ENHANCEMENTS. BUT WE HAVE STIPULATED, THOUGH,

[01:05:03]

>> SO WEST ELEVATION LOOKS LIKE THREE BAY DOORS HERE.

>> YES, SIR. >> THE OTHER SIDE OF THE

FACILITY IS LANDSCAPING, YES? >> YES.

>> NO DOORS. >> TRACTOR SUPPLY SIDE OF THE BUILDING. ON THE REAR, WHERE IS THE REAR ELEVATION? SO WE HAVE THEORY ANOTHER BAY R

THERE. >> THYES, SIR.

>> THANK YOU. >> SO YOU HAVE A TOTAL OF FOUR BAYS? HOW MANY BAYS DO YOU HAVE?

>> MR. MAYOR, I WILL HAVE TO COUNT THEM.

LOOKS LIKE WE HAVE ONE, TWO, THREE.

>> HEATHER, COME ON UP SO I DON'T SAY SOMETHING WRONG.

>> AND YOUR NAME AND WHERE YOU ARE FROM.

>> YEP, HEATHER RIMME, CAROLTON, TEXAS.

I REPRESENT THE DEVELOPER. SO THE BACK END OF THE BUILDING, WHEN YOU SAY THE BACK, THAT IS ACTUALLY A DETAIL BAY.

SO THAT IS A SMALL SPACE. THAT'S WHERE THEY TAKE THE CARS IN AND WASH THEM INSIDE INTERNALLY BEFORE WE GIVE THEM BACK TO THE CUSTOMERS. SO AS FAR AS THE OVERHEAD DOORS THEMSELVES, THERE'S THOSE THREE OVERHEAD DOORS AND THOSE, WHEN THE CARS ARE BROUGHT IN TO BE SERVICED, THEY PUT THE DOOR UP, BRING THEM IN, CLOSE IT RIGHT AWAY.

IT IS HEATED AND COOLED IN THAT AREA, SO THEY ARE NOT WANTING TO LOSE ANY OF THAT. SO, YEAH, EVERYTHING IS DONE

INSIDE THAT BUILDING. >> WHY 63 SPACES FOR --

>> WE USUALLY LIKE MORE THAN THAT.

WE DIDN'T WANT TO PUSH OUR LUCK. SO AS YOU MENTIONED, THIS FACILITY IS GOING TO BRING ABOUT $400,000 A MONTH REVENUE.

IT IS PRETTY NICE BECAUSE THERE IS NOT A TON OF CARS COMING IN MAKING THAT REVENUE HAPPEN. SO WHEN THOSE CARS COME IN, THEY ARE DROPPED, EITHER DRIVEN IN OR WRECKER BRINGS THEM IN.

THEY SIT THERE ANYWHERE FROM THREE TO FIVE DAYS IS TYPICAL BEFORE THE PARTS GET IN. SO THEY GO OUT, EVALUATE ENTIRE VEHICLE, ORDER THE PARTS, AND THEN AS SOON AS THE PARTS COME IN, THAT CAR IS BROUGHT INSIDE TO THE FACILITY.

IT IS THEN REPAIRED HUNDRED PERCENT, THEN BROUGHT OUT, WASHED, SITS THERE UNTIL THE CUSTOMER COMES TO PICK UP THE

CAR. >> HOW MANY CARS CAN YOU HAVE

INDOORS AT ONE TIME? >> QUITE A FEW.

SO EACH OF THE TECHS HAVE A ROW, SO THEY HAVE TWO ROW SES THATS K ON. TYPICALLY, PER ROW, PROBABLY ABOUT 20 CARS THAT CAN FIT INSIDE THE BUILDING AT ONCE.

THEY ARE BACK TO BACK TO BACK. ALL THE WAY DOWN THE ROWS, ALL

THE WAY DOWN THE SIDE. >> YOU HAVE 20 CARS ACTIVELY

BEING WORKING ON AT ONE TIME. >> THEY SIT -- WELL, THEY BRING THEM IN. THEY DON'T TAKE THEM BACK OUT.

SO, YES. >> OKAY, WHAT'S THE AVERAGE

LENGTH OF A CAR INSIDE? >> IT DEPENDS ON THE EXTENT?

>> WHAT'S THE AVERAGE? >> I CAN'T TELL YOU THAT FOR SURE. THE EXTENT OF THE DAMAGE OF THE

CAR. >> I'M HAVING A LITTLE BIT OF TROUBLE WITH WHY YOU NEED 63 CARS OUTSIDE AND WHAT YOUR

SERVICE RATE IS INSIDE. >> SURE.

WELL, IT IS JUST PURELY FOR MOVEMENT OF CARS WITHIN THE PARKING LOT. SO THEY MIGHT PUSH THEM ALL TO ONE END, MAYBE THE ONES WHERE THEY ARE WAITING ON PARTS ARE DOWN HERE, SO THEY DON'T HAVE -- THEY ARE NOT WASTING MANPOWER MOVING CARS. THEY DON'T WANT TO PAY PEOPLE TO MOVE CARS AROUND. THEY ARE SPACED OUT DIFFERENTLY.

THIS END HAS THESE KIND OF DAMAGE, THAT END THIS KIND OF DAMAGE. IT IS HOW THEY ORGANIZE

THEMSELVES AS A FACILITY. >> APOLOGIZE FOR THIS NEXT QUESTION. WHAT'S THE WORST CONDITION A CAR CAN BE AND PARKED OUT ON YOUR LOT?

>> WELL, THEY CAN'T BE TOTALED. THEY DON'T TAKE TOTALED CARS TO THE FACILITIES. IF THEY SAY IT IS TOTALED, IT IS TAKEN TO THE RACK, TO THE DUMP. THEY DO NOT HAVE TOTALED CARS IN. ANYTHING BUT TOTALED.

>> FIXABLE. >> FIXABLE, THAT'S A BETTER

ANSWER. >> FIXABLE WITHIN COUPLE WEEKS

OF LABOR? >> OH, YES, YES.

AND AS WAS MENTIONED BEFORE, TYPICALLY WE SAY IS GOING TO BE AT THE FACILITY A TYPICAL REPAIR IS 7 TO 15 DAYS.

A TYPICAL REPAIR. >> WHAT'S A DEVIATION? I DIDN'T ASK THAT. I HAVE A LITTLE BIT OF TROUBLE, WALTER, TO ME, THIS DOES SEEM LIKE STORAGE.

I'M A LITTLE BIT RUSTLING WITH YOUR POINT THERE.

>> MY POINT IS PURELY THIS. COULD YOU CALL IT STORAGE, YES, BUT THEN ALSO A CAR DEALERSHIP IS STORAGE BECAUSE THEIR PRODUCT

IS OUTSIDE. >> WELL, BUT THESE ARE -- THE

CAR LEGAL DEALERSHIP IS DRIVABL. >> BY THE LETTER OF THE LAW, KEVIN, CORRECT ME IF I AM WRONG, THEY ARE REGISTERED, THEY ARE

INSURED. >> BUT NOT DRIVABLE.

[01:10:01]

>> BUT DRIVABLE, THERE'S NO ORDINANCE IN TOWN THAT SAYS

VEHICLE MUST BE DRIVABLE. >> IS THIS A STORAGE.

>> BUT THERE'S NO TIE. >> IT MAY BE DRIVABLE.

>> THEY MAY BE, BUT THEY MAY NOT BE.

>> THERE'S NO ORDINANCE THAT SAYS THEY MUST BE DRIVABLE TO BE

LEGAL. >> SURE, NO.

BUT I'M WRESTLING -- >> ALL OF THOSE PARKING PLACES ARE INSIDE THE FACILITY, NOT OUTSIDE THE FACILITY.

>> BECAUSE THERE'S A BIG WALL. >> SO IT IS NOT A PUBLIC PARKING

SPOTS. >> DO YOU COMPARE THIS TO WHAT

YA'LL DO WITH WALMART? >> DO WHAT IN.

>> WHAT IS THAT? >> IN WALMART, YOU REQUIRE

THINGS NOT TO BE LEFT OUTSIDE. >> THAT GOES BACK TO CALLING A CAR, REGISTERED VEHICLE STORAGE, AN ITEM FOR STORAGE.

>> THE OTHER THING IS YOU ARE ARGUING ABOUT THE NUMBER OF SPOTS. HEATHER, HOW MANY EMPLOYEES.

>> ANYWHERE 12 TO 15. >> 12 TO 15 OF THOSE SPOTS ARE TAKEN UP BY EMPLOYEES. IT WENT DOWN TO 50.

>> 15 TO 25. SORRY.

>> BUT BY THE LOT SIDES, BY THE LAND SIZE, CORRECT ME IF I HEARD THAT, THEY ARE ONLY TWO SPOTS OVER THE MAXIMUM ALLOWED BY RIGHT FOR WHAT THEY ARE TRYING TO DO.

SO I'M SURE IF WE ARE HINGED ON PARK, THEY WILL GIVE UP TWO

PARKING SPOTS. >> WHAT IS A THIN MASONRY WALL?

>> [INAUDIBLE]. >> MASON PANELS.

>> [INAUDIBLE]. >> OUTSIDE STORAGE IS DEFINED AND IT IS ALLOWED UP TO 50. SO IF YOU WANT TO APPROVE THE ORDINANCE, IT ALLOWS UP TO 50 VEHICLES TO BE STORED ON THE PROPERTY. BUT IT DOES SPECIFY THREE DAYS THAT THEY WOULD BE STORED OUTSIDE.

SO I THINK GOING BACK TO THE -- IF THERE'S 79 SPOTS, YOU GOT 15 TO 25 EMPLOYEES, YOU ARE GETTING CLOSE TO 50 THAT ARE ALLOWED TO BE STORED OUTSIDE OF THE EMPLOYEE, SO THE WAY IT IS WRITTEN, I THINK TO ADDRESS YOUR QUESTION, IT DOES ALLOW OUTSIDE

STORAGE. >> I UNDERSTAND IT ALLOWS FOR OUTSIDE STORAGE. I HAVE AN ISSUE WITH THE FRAMING OF VEHICLES IN A PARKING LOT, LEGAL VEHICLES, CALLED STORAGE.

THAT'S THE BUSINESS. THE BUSINESS IS -- THAT'S LIKE SAYING CARS AT DISCOUNT TIRE THAT ARE -- CUSTOMER CARS OUTSIDE ARE BEING STORED AND NOW THEY ARE UTILIZING OUTSIDE STORAGE. THAT'S JUST -- IT IS JUST A

FACTOR OF THE BUSINESS. >> I LIKE YOUR --

>> [INAUDIBLE]. >> I LIKE YOUR CAR LOT ANALOGY BETTER. THESE CARS WILL BE SITTING LONGER THAN NORMAL THAN IN YOUR OTHER EXAMPLES.

AND I WAS JUST TRYING TO FIGURE OUT WHY YOUR QUEUE IS GIVEN THE SERVICE RATE WHAT IT IS. COUNCIL, ANY OTHER QUESTIONS?

>> YES. >> STAFF, SAT MASONRY WALL, THAT THE COMPLIANT WITH CITY ORDINANCE, THAT THEY ARE

PROPOSING? >> IT DOESN'T HAVE TO BE LAID UPON BRICK. SO MASONRY PANELS.

>> BUT ISN'T THE MASONRY WALL ONLY REQUIRED ON COMMERCIAL TO

RESIDENTIAL? >> YEAH, IT IS ABOVE AND BEYOND.

>> BUT THAT BEING SAID, I'M GOING LAND USE, THE REQUIREMENT OF A MASONRY WALL IS ONLY PRESENT IN OUR ORDINANCE BETWEEN COMMERCIAL AND RESIDENTIAL. NOT BETWEEN COMMERCIAL AND COMMERCIAL OR COMMERCIAL AND RETAIL.

>> JUSTIN. >> YEAH, SO WAS ANY CONSIDERATION GIVEN TO POSSIBLY ENCLOSING THE CAR STORAGE AREA COMPLETELY? LIKE ON THE NORTH SIDE? NEXT QUESTION, FIRST. THIS STACK, HOW FAR DOES THIS EXTEND ABOVE THE HEIGHT OF THE BUILDING?

>> SAY THAT AGAIN. >> THIS STACK HERE, AIR

FILTRATION SYSTEM. >> THAT COMES STRAIGHT UP.

>> DO WE KNOW HOW MUCH HIGHER. >> THAN THE PARAPETS, IT, BY CODE, HAS TO BE A CERTAIN DISTANCE FROM A SOLID MATERIAL.

[01:15:01]

DON'T QUOTE ME. IT IS NOT MUCH.

BUT IT HAS TO BE A CERTAIN DISTANCE ACCORDING TO THE CODES.

>> AND STAFF THINKING IS ADDING IN ADDING THE EXTRA PARAPETS TO SHIELD. SO BACK TO THE SITE PLAN, IF YOU DON'T MIND. OUT OF CURIOSITY, MORE THAN ANYTHING, THAT'S THE TINY SITE PLAN.

POSSIBLY PUTTING SOME GATE HERE OR SOMETHING.

>> WE HAVE ONE. YEAH.

>> SO THIS WHOLE AREA WILL BE ENCLOSED.

>> YES, THIS IS A GATE UP HERE THAT CLOSES IT OFF FOR SECURITY.

>> GOTCH'YA. >> WE WORKED -- I WANT TO SAY WE WORKED A MONTH AND A HALF, TWO MONTHS WITH STAFF.

WE STARTED WITH A PROTOTYPE AND I CAN TELL YOU THIS IS ONE OF THE NICEST ONES I HAVE DONE. EVERYTHING THAT WAS ASKED OF US, WE -- I THINK WE WORKED PRETTY WELL TOGETHER AND WE DID EVERYTHING THAT THEY ASKED. SO THE FENCE, THE -- ALL OF THE PARAPETS, THE ARTICULATION. ALL DIFFERENT THINGS, THAT'S NOT

TYPICAL AT ALL. >> YOU GUYS HAVE A FACILITY IN

MANSFIELD, YES? >> YES.

>> I WAS DRIVING AROUND, IT IS A VERY NICE BUILDING.

I THROW THAT TWO CENTS IN. >> MAYOR: ANYTHING ELSE? THANK YOU. COLBY, I HAVE ONE QUESTION LEFT FOR YOU. COULD YOU SUMMARIZE, PLEASE, THE REASON -- THE MAJOR REASONS FOR THE RECOMMENDATION OF DENIAL AND COULD YOU SUMMARIZE WHAT P&Z SAID.

>> RIGHT. I WILL START WITH THE P&Z.

P&Z RECOMMENDED 6-0 IN DENIAL IN AGREEMENT WITH STAFF DUE TO OUR PRIMARY STAFF CONCERNS BEING THE OVERALL USE OF THE PROPERTY.

WE DO NOT BELIEVE THAT CALIBER COLLISION IS THE HIGHEST AND BEST USE FOR THE AREA AND HOW THE CITY OF MIDLOTHIAN HAD ENVISIONED THE AREA GROWING. ALSO, STORAGE OF CARS, THE NUMBER OF STORAGE OF CARS BEING 63 OF THOSE 79 SPACES BEING USED. AS YOU HEARD, WE ARE RECOMMENDING THAT NO MORE THAN 50, IF APPROVED, BE STORED OUT THERE. AS WELL AS MAKING SURE SUFFICIENT SCREENING IS AVAILABLE AND THEN ARTICULATION, AS IT CURRENTLY STANDS, FIRST ELEVATION FACADE PLAN, THE ORIGINAL PLAN PROPOSED. IF YOU GUYS CHOOSE TO APPROVE IT, WE ARE RECOMMENDING THAT YOU GUYS GO WITH THE ALTERNATIVE OPTION WE SHOWED YOU. AGAIN, OVERALL USE OF THE PROPERTY, STORAGE OF CARS, ARTICULATION, HE WILL VASE FASFACADE PLAN AND THEN THE SCREENING FOR THE PROPERTY.

>> OKAY. IF THERE IS NO OTHER QUESTIONS,

I WILL TAKE A MOTION TO CLOSE. >> I MAKE A MOTION TO CLOSE

PUBLIC HEARING. >> SECOND.

>> PLEASE VOTE. ITEM IS CLOSED 6-0.

DISCUSSION, PLEASE. >> I MOVE TO APPROVE WITH THE -- CORRECT. I UNDERSTAND.

WE HAVE TO DO THE ZONING FIRST AND THEN THE SUP.

SO IS THERE ANY STIPULATION, KEVIN, TO THE ZONINGS OR JUST

APROSMAPPROVAL FOR THE ZONING. >> IT IS A STRAIGHT ZONING.

>> I MOVE -- IN THAT CASE IF WE SEPARATE IT OUT LIKE THAT, I DO MOVE TO APPROVE THE ZONING AS PRESENTED.

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

ITEM PASSES 5-1. NOW ITEM 2022-153, CONDUCT A

[2022-153]

643 AND THE J. SHARKEY SURVEY ABSTRACT NO. 1085, PRESENTLY ZONED COMMERCIAL DISTRICT. THE PROPERTY IS LOCATED SOUTH OF U.S HWY 67 AND WEST OF OVERLOOK DRIVE, LOCATED ON THE

WHO IS PRESENTING? >> [INAUDIBLE] NEED TO CHANGE

STORAGE TIME TO 14 DAYS. >> IS THAT ON THE ZONING SIDE, SUP SIDE? SUP SIDE?

>> YOU LOOK AT SECTION 2 LETTER H, THAT'S WHERE IT TALKS ABOUT THE 50 AND THREE DAYS STORAGE. I WOULD ALSO SUGGEST THAT IF THE

[01:20:08]

THAT'S NOT CURRENTLY IN THE ZONING ORDINANCE.

>> IS THE 50 IN THIS ONE? >> THE 50 IS IN THAT SAME SECTION 2H WHERE IT TALKS ABOUT 50 AND THREE DAYS.

>> CAN WE MAKE A MOTION TO CLOSE THE PUBLIC HEARING?

>> SECOND. >> DO WE HAVE A MOTION TO CLOSE

PUBLIC HEARING? >> YES.

>> SECONDED. >> PLEASE VOTE.

ITEM IS CLOSED. >> CAN I MAKE A MOTION TO APPROVE WITH THE ADDITION OF THE STAFF RECOMMENDATIONS FOR THE VERTICAL ARTICULATION AND THE ADDITION OF NO MORE THAN 50 VEHICLES MAY BE STORED OUTSIDE BUT I WOULD LIKE TO EXTEND THE THREE CONSECUTIVE DAYS TO 12 CONSECUTIVE DAYS.

>> 12? >> THAT'S W WHAT THEY ASKED FOR.

>> HOW TALL IS THE WALL? >> SIX FEET.

>> DO YOU WANT AN EIGHT? WE HAVE A MOTION TO APPROVE.

>> AND SECOND. >> WE HAVE A SECOND.

I WAS GOING TO REITERATE THE MOTION.

MOTION AND SECONDED TO APPROVE MAXIMUM LIMIT OF 50 CARS PARKED, STORED, UP TO 12 DAYS. AND THE PARAPET AND WHAT ELSE WAS THERE IN YOUR MOTION? SOO THE MOTION, SECONDED, PLEASE VOTE. THE ITEM PASSES 5-1.

WELCOME TO MIDLOTHIAN. ITEM 2022-154 CONDUCT A PUBLIC

[2022-154]

THE PROPERTY IS LOCATED AT 736 TOWER ROAD.

>> THANK YOU, AGAIN, OUR NEXT CASE FOR THIS EVENING, AGENDA ITEM 154, Z19-2022 FOR SENIOR LIVING AT TOWER ROAD.

UVPD, THE DEVELOPMENT CONSISTING ON ONE TRACT.

ON THE OPPOSITE TRACT, FUTURE GENERAL PROFESSIONAL SERVICES.

IS THIS BETTER? >> ALL RIGHT.

SORRY ABOUT THAT. TOTAL SITE FOR THE PROPERTY IS 2.73 ACRES. AND FUTURE PLAN USE HAS URBAN LOW DENSITY MODULE. CURRENT ZONING FOR THE SITE IS AGRICULTURE AND SINGLE FAMILY 4. THE APPLICANT IS REQUESTING TO DEVELOP ON TWO SEPARATE TRACTS. PRIMARY TRACT IS TRACT ONE BEING OUTLINED IN GREEN HERE. AS YOU SEE TO THE LEFT-HAND SIDE, WE HAVE PROVIDED BREAK DOWN.

TRACT ONE WILL BE SENIOR ASSISTED LIVING, 1.73 ACRES.

THERE WILL BE THREE PROPOSED BUILDINGS GOING FROM BUILDING A, BUILDING B, BUILDING 3 HERE CONSISTING OF 7,615 SQUARE FEET EACH. 16 BEDROOMS PER BUILDING.

THE APPLICANT IS PROPOSING TO CONSTRUCT THE BUILDINGS IN THREE SEPARATE PHASES. AS WE GO OVER TO TRACT 2, GENERAL PROFESSIONAL SITE. ONE ACRE, AND WE DO WANT TO NOTE THAT IF APPROVED, THE APPLICANT WILL BE REQUIRED TO COME BACK AND BRING THE DETAILED SITE PLAN FOR WHATEVER PROPOSED GENERAL PROFESSIONAL USE GOES HERE. WE ALSO WANT TO POINT OUT THAT THE PLI APPLICANT HAS AGREED, TH HE DOESN'T KNOW WHAT USE WILL BE GO, GAS STATION, CONVENIENT STORE, RESTAURANTS, GYM, WORKOUT FACILITY WILL NOT BE USES PROVIDED ALONG THAT SITE.

NEXT SLIDE DEPICTS LANDSCAPE PLAN APPLICANT WILL BE PROVIDING SUFFICIENT LANDSCAPING FOR THE SITE.

AND THESE NEXT TWO SIDES, ELEVATION SITE RENDERING, PRIMARILY BRICK, STONE, STUCCO. AT THE PLANNING & ZONING

[01:25:04]

STAFF IS RECOMMENDED APPROVAL PEPPING FUTURE DETAILED SITE PLAN FOR TRACT 2 BE REVIEWED BY PLANNING & ZONING AND CITY

COUNCIL. >> WOULD YOU CLARIFY FOR ME WHAT THEY CAN DO BY RIGHT AND TRACT TWO AND WHAT REQUIRES.

WE HAVE ABILITY TO DENY. WHAT CAN THEY DO BY RIGHT?

>> SO YOUR GENERAL PROFESSIONAL USES WOULD TYPICALLY BE MORE OF THOSE OFFICE USES, WHICH IS -- I CAN LET THE APPLICANT SPEAK MORE TO. THAT'S WHAT HE IS TRYING TO TARGET. OFFICE-TYPE USES.

HE JUST -- I CAN LET HIM TOUCH MORE ON THAT.

>> MY QUESTION IS NOT MEANT TO BE NEGATIVE.

>> YES, SIR. I UNDERSTAND.

>> BUT IN REGARDS TO OTHER USES WITHIN A SITE, MORE OF THOSE USES THAT WE SAW THAT WERE PROHIBITIVE PER OR ZONING REQUIREMENT WOULD REQUIRE SUPS ANYWAY.

HOWEVER, THE APPLICANT DID SAY HE WOULDN'T BE PRYIN PROVIDING E TYPE OF USES ON THE SITE. I FORGOT THE OTHER QUESTION.

>> IT WAS THAT SAME QUESTION. >> WOULD THE APPLICANT LIKE TO

COME FORWARD? >> MY NAME IS JEFF BUCKNAM, I LIVE ON TOWER ROAD. THIS IS SENIOR ASSISTED LIVING IS WHAT WE ARE TRYING TO PUT HERE.

THAT'S THE MAJORITY. THE FRONT ACRE IS FOR FUTURE AND OPEN TO SUGGESTIONS ON WHAT MAYBE THE CITY WANTS THERE.

BUT AT THIS POINT, IT IS WHAT I WANT TO PUT THE ASSISTED LIVING THERE AND WHATEVER ENDS UP GOING ON FRONT ACRE, WE WANT TO GO ALONG WITH THE ASSISTED LIVING. WE DON'T WANT THE BANKS AND THOSE THINGS. THERE WAS SOMETHING HERE AT THE PLANNING & ZONING MEETING, THEY EXPRESSED THAT.

WE WANT THIS TO LOOK GOOD AND CAN'T BE SOMETHING THAT TRAFFIC IS GOING. WE HAVE AN ASSISTED LIVING HOME HERE. I CAN ANSWER ANY QUESTIONS YOU

MIGHT HAVE. >> COUNCIL QUESTIONS?

>> ASSISTED LIVING SPECIFICALLY BY NATURE IS LOW IMPACT ON

TRAFFIC, YES? >> YES.

>> THEY DON'T HAVE THEIR OWN CARS.

>> NOBODY REALLY WILL BE DRIVING OTHER THAN THREE PEOPLE THAT ARE

WORKING THERE MAYBE. >> AND ACCESS, I GUESS, NOT SO MUCH ABOUT TRACT TWO. TRACT ONE, ACCESS IS JUST OFF OF

TOWER ROAD. >> YEP.

>> SINCE I HAVE RECENTLY HAVE EXPERIENCED THIS, ASSISTING LIVING, WILL YOU HAVE MEMORY CARE UNITS AS PART OF IT OR NOT?

>> RIGHT NOW, NO, THAT'S NOT THE PLAN, NO.

>> IF YOU DON'T MIND, SWITCH TO THE SITE PART, EVEN THE LANDSCAPING PLAN WILL WORK FINE. I FIND THIS INTERESTING PIECE OF PROPERTY HERE. BECAUSE I BELIEVE ON THIS, THAT WOULD BE THE FIRE STATION NO. 3. ACROSS TOWER ROAD WE HAVE A NEIGHBORHOOD. ACROSS 663 WE HAVE A CHURCH.

AND THEN TO THE DIRECTLY TO THE SOUTH WE HAVE A SCHOOL.

IT IS ALMOST LIKE NO MAN'S LAND BECAUSE YOU HAVE ALL THE DIFFERENT USES THAT COMPLETELY SURROUND IT.

TO ME, THIS IS AN INTERESTING USE BECAUSE I THINK IT SORT OF BRIDGES THE GAP BETWEEN YOU HAVE COMMERCIAL/RESIDENTIAL AND ONE USE. SO I FIND IT INTERESTING.

ALSO, I KNOW FROM RECENT EXPERIENCE, WE JUST PUT MY GRANDFATHER IN ASSISTED LIVING HERE IN MIDLOTHIAN, IT WAS TWO

WEEKS -- >> JUSTIN, CAN WE FINISH THE QUESTIONS AND THEN WE WILL GET TO DISCUSSION AFTERWARDS, IF YOU

DON'T MIND. >> OKAY.

>> THIS IS GOOD POINTS. DO WE HAVE ANY OTHER QUESTIONS.

DO WE HAVE A MOTION TO CLOSE? >> CLOSE THE PUBLIC HEARING.

>> SECOND. >> MOTION TO CLOSE.

ITEM PASSES 6-0. SO JUSTIN, DO YOU WANT TO

CONTINUE, PLEASE. >> I REST MY CASE.

>> SORRY, YOU HAD A QUESTION, I DIDN'T SEE IT.

>> HUD. >> I WILL SECOND.

>> MOTION AND SECONDED. >> FEISTY, HERE.

WE HAVE A MOTION TO APPROVE AS PRESENTED.

SECONDED, PLEASE VOTE. ITEM PASSES 6-0.

[2022-155]

[01:30:01]

WE HAVE, I BELIEVE, ONLY ONE SPEAKER WHO HAD SIGNED UP FOR

THIS. >> THANK YOU, MAYOR, COUNCIL.

THIS IS WHAT IS CONSIDERED THE BYRD RANCH, SOUTH OF HAWKINS RUN, RUNS EAST/WEST IN THIS GENERAL AREA.

ALSO IT INTERSECTS 663 663 ACROS FROM THE EXISTING 7-ELEVEN.

TRACT TWO IS DIRECTLY ABUTS 663 AND IS NONRESIDENTIAL USES.

MAINLY CENTERED AROUND RETAIL, RESTAURANTS AND DRIVE-THROUGH ESTABLISHMENTS IN A SMALL DAY CARE, DAY SCHOOL.

THEN TRACT ONE IS BEHIND THAT AND THAT IS RESIDENTIAL.

NO MORE THAN 44 LOTS WITH MINIMUM LOT SIZE OF 7,500 SQUARE FEET, WHICH NET DENSITY OF 2.03 ACRES.

THIS IS ZONED URBAN LOW DENSITY MODULE.

SO THIS IS TYPICALLY 7500 SQUARE FEET AND IT IS KIND OF IN TRANSITION AREA FOR COMP PLAN FOR LOWER DENSITY TO HIGHER DENSITY. IT ALSO HAS -- SPEAKS TO SOME RESIDENTIAL AND -- I'M SORRY, SMALL SCALE RETAIL AND COMMERCIAL DEVELOPMENT ALONG HERE.

SO WHAT YOU HAVE IS RESIDENTIAL IN THE BACK, AND THEN ALONG 663, YOU HAVE SEVERAL -- SIX RETAIL SITES.

SOME OF THOSE ARE LARGE ENOUGH TO HOUSE MULTIPLE STRIP FRONTS IN THAT FACILITY -- SUITES, THANK YOU.

IN THAT STRIP CENTER. THEY HAVE REQUESTED TWO DRIVE-THROUGHS BY RIGHT. THOSE ARE EITHER INDEPENDENT OR THEY ARE DEPICTED IN ADJACENT TO THESE LARGER SUITES HERE.

THEY HAVE ALSO REQUESTED UP TO TWO RESTAURANTS BY RIGHT, UP TO 2750 SQUARE FEET. TYPICALLY, WE ONLY ALLOW RESTAURANTS UP TO 1,000 SQUARE FEET WITHOUT A SUP.

THEY ARE REQUESTING TWO RESTAURANTS UP TO 2,750 SQUARE FEET AND THEN TWO DRIVE-THROUGHS BY RIGHT DEPICTED IN THIS AREA.

SO WITH THIS, THIS IS THE SCHOOL SITE WHICH WOULD BE THE FURTHER SOUTH. I WILL GO THROUGH SOUTH TO NORTH ON WHAT THEY ARE PROPOSING ON THIS SITE.

THIS WOULD BE THE SCHOOL SITE. THIS WOULD BE BRAKES PLUS, MINOR AUTO REPAIR. IT WOULD BE ALLOWED BY RIGHT PER THIS PD, ORDINANCE. TYPICALLY ALLOWED WITH SUP, BUT IN THE PD WE CAN ALLOW BY RIGHT. THEY HAVE RESTRICTED OPERATING HOURS 8 TO 6. SO THAT WOULD NOT REALLY DISTURB ANY OF THE ADJACENT RESIDENTIAL AREAS TO THE WEST.

THEN WE HAVE THE STRIP CENTERS HERE IN THE SUITES.

WE HAVE -- THESE ARE JUST PROPOSED POSSIBLE RETAILERS AND RESTAURANTS THAT WOULD COME IN. DUNKIN', OF COURSE, THAT WOULD BE A DRIVE-THROUGH ON THAT SITE ON THE SOUTH SIDE OF BUILDING 5.

AND THEN SEVERAL OTHER SUITES WITHIN THAT STRIP CENTER.

AND THEN THE NO. 7, OF COURSE, THEY HAVE THROWN IN SMOOTHIE KING AS POSSIBILITY, THAT WOULD BE ANOTHER DRIVE-THROUGH BY RIGHT. THEY DON'T HAVE ANYBODY NECESSARILY FOR THE RESTAURANTS AT THIS POINT BUT THEY ARE REQUESTING THOSE THROUGH THIS PD.

SO IF YOU CAN SEE WHAT THEY ARE PROPOSING IS SIGNAGE, INTERNALLY LIT MONUMENT SIGNS, 250 SQUARE FEET.

RESTAURANTS BY RIGHT UP TO 4,000 SQUARE FEET.

DRIVE-THROUGH BY RIGHT FOR EACH MULTITENANT BUILDING OF A CERTAIN SIZE, COMMERCIAL LOT WIDTH HUNDRED FEET AND THEN SOME LANDSCAPING. WHAT WE HAVE -- AND THE APPLICANT HAS AGREED TO FOR TH ORDINANCE, OFF-PREMISE SIGNAGE ALLOWED BY THE SITE PLAN. MONUMENTS SIGNS CAN BE INTERNALLY LIT, WALL SIGNS UP 250 SQUARE FEET, TWO RESTAURANTS BY RIGHT UP TO 2750 SQUARE FOOT, TWO DRIVE-THROUGHS ALLOWED BY RIGHT. ALL OTHERS WOULD REQUIRE A A SU.

THEY HAVE 10 TO 11 CARS FROM THE DRIVE-THROUGH, THE PICKUP WINDOW, NOT NECESSARILY FROM THE ORDER BUT FROM THE PICKUP WINDOW. THEY ARE REQUESTING 100-FOOT LOT WIDTH AND THEN REDUCING THE TOTAL NUMBER OF OVERSTORY TREES

[01:35:01]

HERE WE GO, THIS IS THE LANDSCAPING PLAN.

WHAT THEY ARE PROPOSING, RESIDENTIAL AREA, AND THE COMMERCIAL AREA OUT HERE ON 663. AND THEN THIS IS THE PARKING ANALYSIS, THEY DO PARK FOR ALL THE SQUARE FOOTAGE THAT THEY HAVE. I THINK THIS IS A BETTER RENDITION OF HOW TO ACCESS THIS SITE.

THEY HAVE TWO DRIVEWAYS THAT ARE PROPOSED.

ONE AT THE NORTH END AND THIS IS DIRECTLY ACROSS FROM THE 7-ELEVEN DRIVEWAY. SO THEY WILL HAVE FULL ACCESS AT THAT DRIVEWAY. THIS ACCESS WHICH IS SOUTH ACROSS THE STREET IS HAWKINS RUN RESIDENTIAL, YOU DON'T HAVE ANY DRIVEWAYS ACROSS THE STREET. THIS WILL BE RIGHT IN, RIGHT OUT ONLY -- I'M SORRY, THERE WILL BE A LEFT, THERE WILL BE A HOODED LEFT. LEFT INTO THIS, RIGHT INTO THIS.

BUT EGRESS FROM THIS, ONLY TAKE A RIGHT ON TO 663.

THIS IS JUST MORE OF THE -- THIS IS WHAT THEY ARE PROPOSING OUT ON 663. THEY ARE -- SORRY.

THEY ARE PROPOSING SOME MEDIANS OUT ALONG THE HIGHWAY OR ALONG 663. THIS IS WHAT THEY ARE PROPOSING.

THEY ARE REQUIRING -- I'M SORRY. NIGHTTIME VERY GOOD AT THIS.

THEY ARE PROPOSING MEDIAN HERE AT THE NORTHERN END AND THEN THIS IS THE HOODED LEFT. IF YOU CAN KIND OF SEE, IT FUNNELS TRAFFIC GOING INTO THE SITE THAT WAY AND THEN RESTRICTS ANY LEFT TURNS OUT OF THERE AND REQUIRES RIGHT TURN ONLY.

THEY ARE PROPOSING DECEL LANES AT EXITS AND ALSO CARRYING THAT ADDITIONAL LANE ALL THE WAY, THAT SECOND ADDITIONAL LANE ALL

THE WAY TO BYRD RANCH ROAD. >> CLYDE, REAL QUICK, THE FORCED LEFT, WHERE WOULD BE THE CLOSEST EXPECTED TURN AROUND TO HEAD

BACK THE OTHER WAY? >> IT WOULD BE -- WELL, BYRD RANCH ROAD COULD BE A POSSIBLE. I GUESS IT COULD BE A U-TURN UNLESS IT IS RESTRICTED. THERE COULD ALSO BE A RIDE INTO BYRD RANCH ROAD. IF YOU LOOK AT THIS, THIS IS THE NEXT SLIDE. IF YOU DID DOWN TO BELMONT IS OUR THOROUGHFARE, SO THAT WILL BE AN 80-FOOT RIGHT-OF-WAY.

I WOULD SAY THAT'S APPROXIMATELY HALF MILE DOWN THERE.

THEN YOU COULD ALSO GO EITHER WAY ON BELMONT, LEFT OR RIGHT.

YOU ALSO HAVE AN ENTRANCE INTO LAWSON FARMS THERE AS WELL.

THAT IS ALL I HAVE. IF THERE ARE ANY QUESTIONS FOR ME SPECIFICALLY, I'M NOT GOING ANYWHERE.

YOU CAN ASK ME NOW. BUT I WILL TURN IT OVER TO THE

DEVELOPER. >> YOU HAVE A COLOR PICTURE WITH THE TOTAL OF SIX BUILDINGS, THEN YOU HAVE ANOTHER PICTURE WITH

SEVEN BUILDINGS. >> THE SQUARE FOOTAGE IS THE SAME. SO THEY ARE RESERVING THE RIGHT TO SPLIT UP TWO OF THESE BUILDINGS IF THEY WANTED TO.

AND I WILL LET THE DEVELOPER SPEAK MORE TO THAT.

>> I'M SLOW TO THIS PARTICULAR CASE.

FORGIVE ME IF I AM WRONG, THIS APPLICANT, OR AT LEAST THIS TRACT, HAS COME TO CITY FOR DEVELOPMENT BEFORE?

>> WELL, IT HAS COME AND BEEN DENIED FOR RETAIL.

I DON'T KNOW IF IT EVER CAME FOR RESIDENTIAL.

BEFORE MY TIME, SOMEBODY ELSE COULD ANSWER THAT BETTER.

>> I THOUGHT IT CAME TO P&Z BUT I DIDN'T REMEMBER IT MAKING IT ALL THE WAY TO COUNCIL ON A COUPLE OF SINGLE FAMILY.

>> WEREN'T THERE MULTIFAMILY PROPOSAL A COUPLE YEARS AGO.

>> I DON'T THINK IT MADE IT ALL THE WAY.

>> IS THERE ANOTHER QUESTION? >> THAT WAS MY QUESTION.

>> CAN I ANSWER TO THE HISTORY OF THE PROPERTY AND I WANTED THE OPPORTUNITY TO SPEAK TO YOU ANYWAY.

I'M JAMIE WECLIFF. I'M SPEAKING FOR THE BYRD FAMILY. IT IS HARD FOR THEM TO STAND UP AND TALK TO YOU. THE BYRD FAMILY HAS OCCUPIED THIS PROPERTY SINCE 1953. MR. BYRD WAS A MONTH OLD WHEN THEY OCCUPIED THIS PROPERTY. THEY ARE KIND OF CAUGHT IN THE WONDERFUL POSITION OF BEING THIS THE BALANCE OF THE DAIRY FARM THAT THEY WERE OCCUPYING THERE AND SURROUNDED BY NEW SINGLE FAMILY RESIDENTIAL, NEW RETAIL, NEW GROWTH, NEW TRAFFIC.

WE RECOGNIZE ALL OF THOSE THINGS.

WHY IS THIS PARCEL LEFT OVER? IT SITS AT A MAJOR INTERSECTION WHERE THERE'S LOTS OF TRAFFIC AND WHEN THEY ORIGINALLY BEGAN SUBDIVIDING THIS PROPERTY, MOM WAS STILL ALIVE.

MOST FARMERS AND RANCHERS AND LARGE LAND HOLDERS IN THIS AREA

[01:40:03]

WE NEEDED TO SELL OFF SOME REAL ESTATE IN ORDER TO BE ABLE TO KEEP MOM AT HOME AND TO TAKE CARE OF HER.

THUS, AUTUMN RUN. THAT'S HOW AUTUMN RUN CAME TO BE. AFTER THAT, KROGER WAS APPROVED BY THE COMMUNITY TO WIPE OUT A NUMBER OF SINGLE FAMILY RESIDENCES THAT WERE ACROSS THE STREET FROM THIS PIECE OF REAL ESTATE AND BECOME A BIG RETAIL CENTER, WHICH WAS THE TRAFFIC GENERATOR IN THIS PARTICULAR AREA.

SO WE HAVE -- SO HOW ARE WE HERE TODAY? ORIGINALLY THERE WAS PROPOSAL FOR RESIDENTIAL TYPE USES BECAUSE THAT WAS WHAT IT FELT LIKE WAS THE RIGHT USE TO BE.

NOW, THOSE RESIDENTIAL USES WERE MORE DENSE THAN WHAT P&Z RECOMMENDED AND WHAT STAFF RECOMMENDED AND SO BEFORE -- LONG BEFORE THEY GOT TO COUNCIL, THEY WERE REMOVED FROM YOUR CONSIDERATION. THERE HAVE BEEN MORE THAN ONE OF THOSE PROPOSALS AND SO IN AN EFFORT TO, AGAIN, TRY AND BLEND THE INTENDED USES WITH THE EXISTING USES WITH WHAT'S GROWN UP AROUND THIS LARGE PIECE OF REAL ESTATE, WE HAVE CREATED THE MIX OF WHAT YOU SEE TODAY, WHICH IS A PD THAT HAS THE OPPORTUNITY TO WRAP THE EXISTING SINGLE FAMILY RESIDENCES WITH MORE SINGLE FAMILY SO THAT THEY WOULD BE JOINED, THE PEOPLE THAT ARE CURRENTLY ALREADY THERE WOULD BE JOINED BY NEW ROOFTOPS AND THE PEOPLE THAT WOULD COME LATER WOULD KNOW THAT RETAIL WAS COMING IN FRONT OF THEM. THAT SEEMED LIKE THE FAIREST WAY TO DO IT AND SO THAT'S WHAT THIS PROPOSAL DOES.

IT MIMICS YOUR AUTUMN RUN DEVELOPMENT FOR RESIDENTIAL AND THEN LEAVES A COMPONENT OUT FOR RETAIL IN THE MIDDLE.

BUT THE THING THE BYRDS WANTS YOU TO KNOW, THEY HAVE BEEN GOOD CITIZENS. THEY HAVE BEEN TRYING TO FIND A WAY TO USE THIS LAND THAT IS FAIR AND REASONABLE AND MIXES WITH THE INTENDED NEEDS OF THE COMMUNITY.

AND THEY JUST SIMPLY BEG YOU, DON'T LEAVE THEM STRANDED AS AN ISLAND. TALK TO US ABOUT WHAT IT IS GOING TO TAKE IN ORDER FOR THIS TO BE ABLE TO BE A USEABLE SITE FOR SOMEBODY. WE HAVE TRIED FOR ABOUT SIX OR SEVEN YEARS NOW AND IT IS A LITTLE FRUSTRATING FROM THEIR POINT OF VIEW. WE KNOW WHY YOU ARE WHERE YOU ARE AND THE DECISIONS YOU HAVE TO MAKE.

BUT THEY DIDN'T CREATE KROGER AND THEY DIDN'T CREATE 7-ELEVEN, STARBUCKS, THOSE THINGS THAT GENERATED THE KINDS OF TRAFFIC THAT ARE NOW CREATING THE CONCERNS FOR THE AREA.

BUT WE DID, AS A COMMUNITY, AND WE COLLECTED A LOT OF IMPACT FEES AND WE HAVE WORKED THROUGH SOME SCENARIOS THAT WILL HELP WITH TRAFFIC AND WE JUST ASK YOU TO SIMPLY CONSIDER THOSE THINGS AS YOU MOVE FORWARD. I THINK THERE ARE AVAILABLE DOLLARS. I THINK THERE ARE CITY PLANS FOR IMPROVEMENTS IN THAT AREA. I HOPE WE AT LEAST CONSIDER THAT ALL OF THOSE THINGS, HOPEFULLY, CAN WORK TOGETHER AND HAPPEN.

THEY ARE NOT GOING TO BUILD ANY OF THESE BUILDINGS DAY AFTER TOMORROW. IT IS GOING TO TAKE SOME TIME TO GET THAT SITE DEVELOP AND WE WOULD HOPE THAT WE COULD FIND SOME SOLUTION THAT CREATES GOOD USE, GOOD LAND USE FOR EVERYBODY. WE ARE HAPPY TO ANSWER ANY HISTORY QUESTIONS FOR YOU. THERE'S A DEVELOPER HERE THAT CAN ANSWER THE ACTUAL SITE DEVELOPMENT QUESTIONS.

>> BASICALLY, THE EXIT AND ENTRY ON 663.

>> THERE WAS ANOTHER DRAWING OVER TIME THAT HAS BEEN CHANGED BECAUSE, I WILL TELL YOU THAT THE ORIGINAL DEVELOPMENT PLAN INTENDED FOR SOME TRAFFIC TO GO THROUGH AUTUMN RUN.

IF YOU LOOK ALL THE WAY BACK, HUNTERS GLEN INT INTENDED TRAFFO FLOW NATURALLY BACK AROUND THROUGH SOME OF THOSE NEIGHBORHOODS. YOU CAN LOOK AT THE HISTORIC AERIALS AND SEE THE STUBBING OF THE STREETS INTENDING TO CREATE INTERIOR TRAFFIC PATTERNS. BUT, YES, THE DRAWINGS TODAY REFLECT WHAT WAS INDICATED TO THE DEVELOPER AND HE CAN ADDRESS THAT AS A DESIRE TO NOT FLOW TRAFFIC BACK THROUGH THE NEIGHBORHOODS. IT HAS BEEN CHANGED A BIT TO

HONOR THAT. >> EVERYTHING COMES OUT ON 663

BOTHERS ME. >> UNDERSTOOD.

BUT, AGAIN, THE ONE CHOICE OR ANOTHER.

AND EITHER TRY AND GENERATE SOME OF THAT TRAFFIC BACK INTO THE NEIGHBORHOOD, WHICH IS, I'M SURE, WHAT PREVIOUS PEOPLE THOUGHT. SOME OF THE PEOPLE LIVING IN THOSE NEIGHBORHOODS ARE USING SOME OF THESE RESOURCES AND SO TO THE DEGREE THAT YOU CAN CREATE SOME CIRCULAR TRAFFIC PATTERNS THERE MAKES SENSE TO ME.

BUT I ALSO UNDERSTAND PEOPLE LIVING IN THE NEIGHBORHOOD DON'T WANT TO DREAM OR VISION SOME PARADE COMING THROUGH THEIR NEIGHBORHOOD EITHER. THERE IS A BALANCE THERE SOMEWHERE IN MY OPINION. LOTS OF FOLKS COME THROUGH CREEK

[01:45:01]

WITH? >> JAMIE, I HAVE A QUESTION MORE ON YOUR EXPERTISE OF THE CITY'S DEVELOPMENT.

THIS IS A HARD ONE FOR ME BECAUSE I DON'T TRAVEL 663 BUT MAYBE ONCE A MONTH. I'M TRYING TO UNDERSTAND, THE CITY IS GROWING EXPONENTIALLY. WE SAW THAT EARLIER.

WHERE IS THIS SUPPOSED TO GO? THE THINGS THAT GO ON 663, WHERE ELSE WOULD IT GO? JUST IN MY SHORT TIME ON COUNCIL, I HAVE HEARD ANYTHING THAT COMES ON 663 WILL BE FOUGHT AGAINST. WHETHER IT IS A DAY CARE, RESIDENCE, BUSINESS. IT DOESN'T -- I DON'T KNOW WHAT YOU WOULD -- BESIDES A COW AND A PIECE OF GRASS, I DON'T KNOW WHAT COULD GO ON 663 WITHOUT OBJECTION.

SO WHERE ELSE DO WE DEVELOP? >> I THINK THAT'S THE CHALLENGE.

THE REASON YOU HAVE DESIRABILITY IN THAT LOCATION IS WE CREATED IT. WE, AS A COMMUNITY, CREATED IT.

WE PUT KROGER ACROSS THE STREET. WE INVESTED SOME ECONOMIC DEVELOPMENT DOLLARS TO CREATE ANOTHER REGIONAL AREA.

WHERE DOES IT GO? YOU ARE SO LIMITED BY AVAILABLE SPACE AND WATER AND SEWER CAPABILITIES.

I AGREE WITH YOU, I DO SOME OTHER SIGHTI SIGHTINGS FOR OTHE.

A LONG TIME AGO I THOUGHT THE GREAT USE IN THAT NEIGHBORHOOD WOULD BE A SCHOOL, LEMERY SCHOOY SCHOOL.

BUT IMMEDIATELY WE WERE TOLD, NOPE, BAD IDEA.

DON'T PUT A SCHOOL THERE. SO IT IS A CHALLENGE.

I DO THINK THAT IF YOU CREATE AND I DO THINK WE HAVE GOT FANTASTIC STAFF THAT HAVE BEEN WORKING TOWARDS THIS LONG-TERM.

THE REASON -- AND I HAVE HEARD ONE OTHER COMMENT THAT I WILL ADDRESS. WE DON'T WANT 663 TO BE 77.

WELL, KUDOS TO YOU BECAUSE YOU HAVE ALREADY KIND OF FIXED SOME OF THAT. LOOK AT AN AERIAL PHOTOGRAPH OF 77 IN WAXAHACHIE AND YOU WILL SEE MILES OF RETAIL DEVELOPMENT ALL FRONTING IN ONE AREA. NOW YOU HAVE GOT A LOT OF SINGLE FAMILY RESIDENTS THAT FRONT 663 THAT SHOULD HELP YOU LONG-TERM.

WHAT ELSE HELPS? AGAIN, COOPERATION WITH TEXAS DOT. TXDOT, IT TAKES A LONG TIME TO GET COOPERATION WITH TXDOT.

IF YOU CAN GET AND MAKE 663 WHAT IT IS INTENDED TO BE, AND I THINK YOU HAVE THE CAPABILITY OF DOING THAT, THOSE ARE CHOICES THAT YOU ALL ARE CHARGED WITH MAKING AND THAT IS FIX 663 WHERE IT HAS THE WIDTH TO HANDLE THE TRAFFIC CREATED PREDOMINANTLY BY KROGER AND THEN THOSE OTHER SURROUNDING KINDS OF USES THAT HAVE BEEN ATTRACTED TO THAT AREA BECAUSE OF IT.

AND THEN CREATE SOME ACCESSIBILITY POINTS.

LIKE OVER TO 14TH STREET, WHICH YOU ARE DOING.

AGAIN, YOU HAVE TO GET THERE. CREATE SOME INTERNAL TRAFFIC FLOW TO THOSE NEIGHBORHOODS SO THAT THEY BEGIN TO FUNNEL THROUGH AND THINK ABOUT HOW YOU CAN GET THE TRAFFIC MOST CONVENIENTLY TO CONSIDER 14TH STREET AS A BETTER ALTERNATIVE.

RIGHT NOW, THERE'S LOTS OF FOLKS THAT THEY SAY THEY DON'T TAKE IT BECAUSE THERE ARE A LOT OF STOP SIGNS.

I KNOW WHY THERE ARE. BUT AGAIN, YOU DON'T WANT IT TO BE A RACEWAY EITHER. SHORT OF IT CONTINUING TO BE GRASS WITH COWS, WHICH IT BECOMES A FAIRNESS THING, RIGHT.

DID WE JUST NOT GET THERE FAST ENOUGH? MAYBE THAT'S THE PROBLEM. BUT IT DOESN'T SEEM FAIR, FROM MY POSITION, TO BURDEN THE PROPERTY OWNER THAT HAS BEEN HERE SINCE THE 50S WITH BEING STUCK OUT THERE BECAUSE THEY DIDN'T MOVE FAST ENOUGH, I SUPPOSE.

THANK YOU. >> THANK YOU, JAMIE.

>> ALONG JAMIE'S PATH THERE, I WAS OWN COU ON COUNCIL WHERE FIT OF AUTUMN RUN WAS DONE, BACKED UP TO MY NEIGHBORHOOD.

THEY PUT THE BIGGER LOTS IN THE FRONT.

AUTUMN RUN COME, THE BYRDS ARE GOING TO SELL THE WHOLE THING, IT WAS LITTLE BITTY HOUSES ALONG THE ROAD.

NOW KROGER AND BURGER KING, IF WE KEEP CONCENTRATE IN THAT AREA, IT IS GOING TO GET WORSE. IF WE TRY TO BRING SOME OF IT FURTHER SOUTH AND BREAK IT UP A LITTLE BIT, WHERE IT IS NOT JUST BOOM BOOM BOOM FROM HEB TO THE -- HOW THEY DO IT IN WAXAHACHIE, I THINK IT WOULD BE BETTER FOR US TO KEEP IT ALL -- SPREAD IT OUT A LITTLE FURTHER. THERE IS NOT MUCH FURTHER SOUTH THAN THIS PIECE FOR A SMOOTHIE KING.

TAKE IT ALL THE WAY TO 875. THIS WILL MAKE US PUT THE CHICKEN BEFORE THE EGG AND THEN START WORKING ON 663.

[01:50:02]

WITH THEIR TIMELINE OF A COUPLE OF YEARS ON THE CONSTRUCTION OF THE COMMERCIAL, IT WILL BE A BETTER PROJECT, I THINK.

>> MRS. BYRD, DID YOU WISH TO SPEAK?

>> YES, I DO. >> I BELIEVE YOU ARE THE LAST

SPEAKER AS REQUESTED. >> CYNTHIA BYRD, 2451 FM663.

I HAVE LIVED ON THIS PROPERTY FOR 50 YEARS WITH MY HUSBAND.

AND WE NEVER IN OUR DREAMS THOUGHT THAT WHEN WE GOT READY TO GET RID OF IT, THAT WE WOULD HAVE SO MUCH TROUBLE TRYING TO SELL IT. AND IT HAS BEEN A CHALLENGE.

IT IS REALLY BEEN A CHALLENGE AND WE HAVE WATCHED THE GROWTH.

I MEAN, WE USED TO FARMALL THATT LAND.

I KNOW YA'LL ARE WORRIED ABOUT TRAFFIC.

BUT ANY ONE OF YOU ARE WELCOME TO COME SIT IN MY YARD AND WATCH THE TRAFFIC. IT IS AN HOUR OR TWO IN THE MORNING, AND COUPLE HOURS AT NIGHT IS THE ONLY TIME THAT THIS IS CONGESTED. ANY OTHER TIME, TRAFFIC IS GREAT. YOU KNOW.

I CAN GET IN AND OUT OF MY DRIVEWAY JUST FINE.

SO YOU KNOW, I'M NOT SEEING THE TRAFFIC PROBLEM, I GUESS, IN YA'LL'S EYES. AND IT IS JUST -- IT IS HARD WATCHING ALL THE DEVELOPMENT AROUND US BEING APPROVED AND ALL THE HOUSING DEVELOPMENT THAT IS GOING IN ALONG 875 AND 663 AND WE JUST KEEP BEING DENIED THROUGH THE CITY PLANNING.

IT IS ALL I HAVE REALLY GOT TO SAY.

THANK YOU. >> THANK YOU.

>> ARE THERE ANY OTHER QUESTIONS AT THIS POINT?

DO WE HAVE A MOTION TO CLOSE. >> I WOULD LIKE TO HEAR FROM THE

DEVELOPER. >> I'M SORRY.

>> BOBBY MENDOSA, REPRESENTING THE APPLICANT.

2911 TURTLE CREEK BOULEVARD, REPRESENTING THE DEVELOPER APPLICANT ON THE DEVELOPMENT. REALLY JUST WANTED TO -- THERE WAS A COUPLE QUESTIONS ABOUT THE LOTS, THE BUILDINGS, THINGS LIKE THAT. IF THERE'S ANY QUESTIONS REGARDING THE DEVELOPMENT OR THE PROPOSED MEDIANS THAT WE ARE TRYING TO WORK WITH CITY STAFF AND TXDOT ON, JUST WANTED TO ANSWER ANY OF THOSE QUESTIONS AND MAKE MYSELF AVAILABLE TO THE COUNCIL. FROM A MEDIAN STANDPOINT, LIKE CLYDE COVERED, WE ARE PROPOSING HOODED LEFT TURN THERE.

ALSO, I KNOW CITY STAFF HAS BEEN TALKING ABOUT GETTING A FULL THROUGH LANE ON THE WEST SIDE THERE.

YOU CAN SEE THAT WE HAVE -- RIGHT NOW, THE THROUGH LANE THAT YOU SEE HERE IS TWO DECEL LANES, ONE AUTUMN RUN, ONE TO 7-ELEVEN.

WE ARE PROPOSING FULL THROUGH LANE AND ADDING A DECEL LANE THAT WOULD HELP FOR TRAFFIC. AND ANY CONCERNS OF SAFETY OR THINGS THAT COULD HAPPEN ON THAT PROPERTY.

>> ON THE EAST SIDE, YOU ARE SAYING WEST SIDE.

>> EAST SIDE, YES, EAST SIDE OF THE ROAD.

ON THE WEST SIDE, DOING THE MEDIAN, DECEL LANES AND REQUIRED BY CITY STAFF AND TXDOT TO HAVE THE APPROPRIATE SPACING AND STACKING. OUTSIDE OF THESE ITEMS, OR ANY TRAFFIC OR CONCERNS OR ANYTHING RELATING TO DEVELOPMENT, LANDSCAPING, WE ARE TRYING TO SCREEN CERTAIN USES, SCREEN THE DRIVE-THROUGHS. EACH ONE OF THE DRIVE-THROUGHS WILL HAVE A GREEN SCREEN HERE THAT YOU SEE AS EXHIBIT ON THIS SITE, ON EACH ONE OF THE DRIVE-THROUGHS, FULL GREEN SCREEN SCREENING THE BASE OF THE AUTO MIGHTTAUTOMOTIVE AND SIDE.

SO ANY QUESTIONS ABOUT THE DEVELOPMENT? I'M HERE TO ASK, BUT WANT TO HIGHLIGHT A FEW OF THOSE POINTS.

>> WE HAVE TALKED A WHOLE LOT ABOUT THE COMMERCIAL PART.

LET'S TALK ABOUT THE RESIDENTIAL PART.

YOU ARE IN THE MIDDLE OF PRE-MADE HOA.

WHAT ARE YOU GOING TO DO ABOUT BEING A PART OF THAT? ARE YOU GOING TO JOIN THAT HOA THAT IS AROUND YOU?

>> YES, SIR. SO WE ARE NOT A SINGLE FAMILY HOME BUILDER. WE HAVE TALKED TO BLOOMFIELD WHO IS AROUND US AS WELL AS A FEW OTHERS AND THE ORDINANCE IS WRITTEN THAT WE WOULD JOIN THE HOA OR WOULD BE REQUIRED TO

[01:55:04]

>> HELP ME UNDERSTAND YOUR RELATIONSHIP.

YOU ARE THE DEVELOPER'S REP? >> YES, SIR.

>> OR DEVELOPER? >> WE ARE BUYING THE WHOLE 20 ACRES FROM THE BYRD RANCH. WE WILL BE DOING A MASTER DEVELOPMENT ON THE ENTIRE PROPERTY, WORKING WITH HOME BUILDER CREATING PAPER LOTS OR ROUGH GRADING THE SITE, SELLING THEM THE LAND SO THAT THEY CAN COME IN AND BUILD THE PROPERTY PER THE CODE, PER THE ORDINANCE, PER ANY REQUIREMENTS REQUIRED UNDER THE ORDINANCE FOR THE SINGLE FAMILY.

>> SO ROUGHLY HOW MANY RESIDENTIAL LOTS THERE?

>> 44 RESIDENTIAL LOTS. WE DEVELOPED IT TO 10,000 SQUARE FEET LOTS AROUND THE OUTSIDE OF THE PROPERTY AND MATCHED UP THE PROPERTY LINES WITH EXISTING BYRD RANCH AND THEN THE INTERIOR

LOTS AT 7500 SQUARE FEET LOTS. >> AND BUT YOU SAID YOU GUYS ARE NOT A RESIDENTIAL DEVELOPER. BASICALLY, YOU WOULD BE SELLING THAT PORTION OFF TO SOMEBODY LIKE A BLOOMFIELD OR SOMETHING.

>> YES, SIR. AS YOU SEE THE PLAN HERE TODAY.

>> AS WE SEE IT HERE. WHEN THEY WANT TO CHANGE IT, THEY WOULD HAVE TO COME BACK AND SAY WE WANT TO CHANGE IT.

OKAY. THANK YOU.

>> THTRAFFIC FLOW-WISE, STAY WHE YOU WERE.

THIS IS THE ONLY LEFT OUT, TO GO NORTH ON 663.

>> YES, SIR. >> HOW MANY CARS WOULD STACK

RIGHT HERE? >> PATRICK, DO YOU KNOW THAT? THREE OR FOUR THAT WE HAVE. WE HAVE TWO EXIT LANES.

WE HAVE TWO EXIT LANES THAT WE ARE SHOWING ON THIS PART HERE.

A RIGHT OUT EXIT AND THEN THERE WILL BE ANOTHER EXIT THAT WILL BE ABLE TO TAKE THE LEFT. MAYBE TWO, THREE CARS WOULD BE ABLE TO STACK THERE EACH. SIX TOTAL CARS GETTING READY TO

EXIT. >> I THINK THE RIGHT OUT IS NOT GOING TO HAVE MUCH OF AN ISSUE. I'M CONCERNED WITH THE LEFT OUT.

SO HYPOTHETICAL SITUATION, SOMEBODY WHIPS IN THERE TO GET DUNKIN' DONUTS OR COFFEE, TRYING TO GO BACKED TOWARD DALLAS OR TO GET ON ONE OF OUR HIGHWAYS, THEY ARE GOING TO HAVE TO GO LEFT OUT OF THIS DEVELOPMENT. PART OF MY CONCERN IS THAT IF YOU STACK MORE THAN TWO OR SO, MAYBE THREE CARS HERE, CARS THAT ARE COMING FROM YOUR DRIVE-THROUGHS ARE GOING TO BACK UP ALONG THIS AREA WAITING THEIR TURN TO GET OVER HERE TO GO OUT AND IT IS KIND OF SMALL HERE. BUT SO I THINK THEY MIGHT HAVE TO COME IN BEHIND YOUR BUILDINGS.

THERE A DRIVE HERE? AM I SEEING THAT RIGHT?

>> NO, THAT'S NOT A DRIVE. THAT'S MORE LIKE AN ONE-WAY

EXIT. >> SO THE CAR STACKING IS GOING TO BE RIGHT HERE ALONG THE FRONT OF THE FACILITIES ON BOTH SIDES LIKELY IN ORDER TO TRY TO GO LEFT OUT OF THERE.

THE REASON THAT'S IMPORTANT TO ME, OTHER THAN THE OBVIOUS IN TRAFFIC FLOW, IS THAT THESE ARE PRIME TIME USES.

THIS IS EARLY MORNING, LATE AFTERNOON WHEN MRS. BYRD WAS TALKING ABOUT WHEN THE TRAFFIC ISSUES ARE.

CHILD CARE CENTER, EARLY MORNING, LATE AFTERNOON, YOU GET YOUR DONUTS AND COFFEE EARLY MORNING.

THAT'S WHEN WE HAVE THE CURRENT TRAFFIC ISSUES.

THE LEFT OUT IS A CONCERN FOR ME.

IF YOU HAVE A WAY TO ADDRESS IT, I'M ALL EARS.

>> THE ONLY OTHER ALTERNATIVE WE HAVE TALKED TO CITY STAFF ABOUT IS CREATING AN EXIT BACK HERE THAT GETS THE OUT FLOW INTO NORTH CROSS AND OUT TO BYRD RANCH TO COME BACK TOWARD 663.

THAT WAS SOMETHING THAT P&Z TALKED AT LENGTH ABOUT.

WE ARE OPEN TO WORKING WITH CITY STAFF AND CREATING MORE TRAFFIC FLOW AND WITH COUNCIL. SO WE ARE OPEN TO WORKING WITH WHAT WORKS BEST FOR THE DEVELOPMENT, FOR THE NEIGHBORHOOD, WITH THE CITY. WE ARE OPEN TO IT.

>> I WORRY THAT THE LEFT OUT IS GOING TO BE SUCH AN ISSUE THAT PEOPLE ARE JUST GOING TO AUTOMATICALLY TAKE A RIGHT OUT AND THEY ARE GOING TO GO DOWN THERE AND TRY TO FIND SOMEWHERE TO DO A U-TURN ON 663. THAT'S AN ISSUE.

IF THEY ARE GOING DOWN LAWSON FARMS AND BUST AN UEY.

>> HOPEFULLY THEY WOULDN'T NECESSARILY BE TAKING UEY, BUT TAKE THOROUGHFARE PLANS OUT. THIS GOES TO 14TH, THAT'S BELMONT THERE. THAT'S AN 80-FOOT RIGHT-OF-WAY, IT IS NOT BUILT OUT THAT WIDE, BUT WE DO HAVE THE RIGHT-OF-WAY FOR THAT. AND THEN NORTH/SOUTH 663 IS 120-FOOT RIGHT-OF-WAY. YOU DO HAVE SPACE TO GET THAT

TRAFFIC IN. >> I'M SORRY, CLYDE, I'M HAVING

[02:00:02]

A HARD TIME ORIENTING. >> THIS IS BYRD RANCH, THE DEVELOPMENT WE ARE TALKING ABOUT.

THIS IS BYRD RANCH ROAD. THIS IS HAWKINS RUN.

BELMONT IS ON THE THOROUGHFARE PLAN.

>> IT GOES ALL THE WAY TO 14TH CURRENTLY?

>> YES. SO THAT'S EXISTING.

SO WHAT WE HOPE IS TO -- WHAT JAMIE SAID IS FLUSH PEOPLE OUT AND HE WAS TALKING ABOUT A POSSIBLE EXIT HERE THAT P&Z DIDN'T LIKE. ALSO THE POSSIBILITY OF PUNCHING THROUGH ONE OF THE CUL-DE-SACS. THEY CAN GO OUT HERE AND AT THE

LIGHT HERE AT AUTUMN RUN. >> CLYDE, CAN YOU TOUCH ON THAT, ITEM PASSES. WHAT WAS THE ISSUE WITH THE EXIT ONTO THE NORCROSS DRIVE? WOULDN'T THAT ALLEVIATE THE LEFT TURN CONCERN OR AT LEAST ALLOW FOR PROTECTIVE -- I DON'T KNOW

STL.IS THERE A LIGHT AT NORCROS? >> A STOP.

>> SO QUEUING WOULD BE ALL IT WOULD HELP.

>> ALMOST IN THE SAME SITUATION AS YOU ARE HERE.

YOU HAVE A TRAFFIC LIGHT COMING IN HERE.

THAT'S WHY IF YOU DO SEE TRAFFIC BACK THROUGH THE NEIGHBORHOOD --

>> THERE'S A TRAFFIC LIGHT GOING RIGHT THERE.

>> AT AUTUMN RUN, BEING DESIGNED RIGHT NOW.

SO THIS IS ALL THE NEW DEVELOPMENT.

YOU WOULD HAVE TO CONTEND WITH THESE NEIGHBORS.

BUT THAT IS AN OPTION, IF WE DO WANT TO GET TRAFFIC BACK INTO THAT DEVELOPMENT AND PROVIDE ANOTHER OPTION.

>> I'M JUST TRYING TO THINK OF CREATIVE SOLUTIONS.

I JUST DON'T SEE -- >> I DON'T KNOW THAT --

>> I D I DON'T WANT TO REDESIGN TONIGHT.

>> WHERE THE RESIDENTS OF AUTUMN RUN MADE AWARE BEFORE THIS MEETING THAT POTENTIALLY HAVE THIS DEVELOPMENT RUNNING THROUGH

THEIR NEIGHBORHOOD? >> NO.

>> MAILED LETTERS? >> THIS IS CURRENT AUTUMN RUN HERE. SO THIS IS WHAT WILL BE DEVELOPED PER THIS PD. SO IT IS KIND OF -- IT IS NOT TOTALLY IN AUTUMN RUN AT THIS POINT.

LET ME REAL QUICK, 79 NOTICES SENT OUT AND SO EVERYBODY WITHIN 200 FEET WERE NOTIFIED. ALL THESE PEOPLE WERE NOTIFIED.

79 SENT OUT. TWO CAME BACK IN OPPOSITION.

SO THESE ALL -- ACTUALLY, EVERY ONE OF THOSE.

NOT NECESSARILY SEE POTENTIAL OF THAT COMING OUT.

THEY COULD SEE POTENTIAL FOR PEOPLE COMING BACK ON BYRD RANCH ROAD AND THROUGH THERE. THEY WERE ONLY NOTIFIED THAT

WILL BE A PD ZONING CHANGE. >> SO WE HAVE A RED LIGHT GOING IN AT AUTUMN RUN AND I DON'T SEE HOW WE CAN AVOID ANOTHER ONE AT THE ENTRANCE WITH ALL THIS COMMERCIAL BUILDING.

ANOTHER ONE AT THE END OF THE COMMERCIAL BUILDING.

>> ARE WE READY FOR THREE MORE STOPLIGHTS ON 663?

>> I DON'T BELIEVE TXDOT WILL ALLOWS THOSE BECAUSE OF SPACING.

RIGHT NOW, AUTUMN RUN. AND I DON'T KNOW WHERE THE NEXT ONE WOULD BE. MIKE, DO YOU KNOW THE DISTANCE?

?SO IT WILL BE AT BELMONT. >> HOW MANY RED LIGHTS DO WE

WANT TO PUT ON 663 THEN? >> MOST LIKELY, WHAT IS KIND OF ENVISIONED, I WOULD THINK YOU WOULD WANT RED LIGHTS AT YOUR THOROUGHFARE INTERSECTIONS. AUTUMN RUN, BELMONT.

THOSE ARE LOGICAL PLACES. >> MAJOR TRAFFIC.

>> I TALK TO THE HOA PRESIDENT OVER THERE, GERALD, HE WAS TELLING ME THAT THEY KNEW ABOUT IT AND WHAT THEY HAD SEEN SO FAR, THEY WERE OKAY WITH. BUT THEY WANTED TO MAKE SURE THE HOA WAS BROUGHT INTO THE REST OF THE HOUSING.

THAT'S ONE THING -- HE WANTED -- THE HOUSING PART OF THIS BYRD THING. HE WANTED TO MAKE SURE THAT THEY WERE PART OF THAT BECAUSE OF THE PARKS AND THE THINGS THAT MY,

CAN WILL GO WRONG. >> DETENTION POND.

THAT IS IN THE ORDINANCE. >> AS STATED BY THE DEVELOPER, THE ORDINANCE PROVIDES FOR ITS OWN HOA BUT PROVIDES FOR THE OPTION IN LIEU OF HAMM THAT TO E INTO THE AUTUMN RUN HOA, SO THEY

HAVE TO DO EITHER ONE. >> [INAUDIBLE].

>> AGAIN, WE HAVE PROVIDED THAT. NORMALLY WE WOULD SAY YOU HAVE TO HAVE YOUR OWN HOA. IN THIS INSTANCE, WE CAN PROVIDE IN THE ORDINANCE THAT INSTEADLE DOROFDOING HOA FOR THOSE RESIDEL LOTS WHICH IS OVERKILL. BUT THEN THERE IS -- REALLY NOT

[02:05:03]

MAYBE ONE EN ENTRY FEATURE AND DETENTION BASIN.

THAT'S IT. THAT'S A LOT OF EFFORT FOR ASSESSING THOSE FEW LOTS FOR JUST THAT KIND OF SPACE.

SO REALLY FROM A LOGICAL STANDPOINT, AS WELL AS THE ABILITY TO LET THOSE RESIDENTS TAKE ADVANTAGE OF THE AMENITIES IN AUTUMN RUN, IT MAKES MORE SENSE FOR THOSE LOTS TO COME IN AND BUILDER TO GET THAT ANNEXED INTO THE AUTUMN RUN HOA.

>> I CAN ANSWER ANY QUESTIONS. >> ANY OTHER QUESTIONS OF COUNCIL. DO WE HAVE A MOTION TO CLOSE THE

PUBLIC HEARING? >> MOTION.

>> SECOND. >> CAN WE BE MORE FORMAL, PLEASE. MOTION TO CLOSE, SECONDED, PLEASE VOTE. ITEM IS CLOSED 6-0.

DISCUSSION, COUNCIL. THIS IS DIFFICULT, THIS IS HARD.

THE BACK STORY, I UNDERSTAND, I APPRECIATE.

I WISH IT HAD COME TO COUNCIL SOONER.

BUT WE HAVE WHAT WE HAVE. WE HAVE AN AREA THAT IS ALREADY, IN MY OPINION, SATURATED. TO ADD MORE RETAIL WILL GIVE US AN UNATENNABLE AREA. I WISH WE COULD FIND A SOLUTION FOR ALL PARTIES. WHAT WE HAVE, AS IS, WHAT IS GOING TO HAPPEN TO THAT AREA, I THINK THAT THIS IS SOMETHING WE

NEED TO LOOK AT DIFFERENTLY. >> HOW MUCH SPACE IS HY BEHIND E BUILDINGS? ON THE WEST SIDE?

>> BOBBY, DO YOU KNOW HOW MANY PARKING IS DEDICATED TO THE REAR, THE REAR BACK HERE? I WOULD SAY A THIRD, PROBABLY

170, 150. >> HOW MUCH -- I'M LOOKING FOR

DRIVE, NOT SPOTS. >> DRIVE AREAS, YEAH, THERE'S A FIRE LANE ALONG THE WHOLE AREA BACK THERE.

IS THAT WHAT YOU ARE TALKING ABOUT.

YES, SIR, A FIRE LANE ALONG THE WHOLE EXISTING SPOT.

THESE ARE ARE INTERNAL DRIVES. THERE'S A FIRE LANE THAT GOES.

>> OKAY, THAT -- GO BACK ON THE FIRST LOT OVER THERE AND TIE

INTO THE STREET. >> BACK HERE?

>> THAT'S HOW THEY HAD DEPICTED IT.

P&Z DID NOT LIKE THAT. THAT IS AN EXIT FOR THE DAY CARE AND THEN THAT WOULD GIVE -- PROVIDE RELIEF.

I MEAN, IT IS NOT TO SOLVE ALL THE PROBLEMS BUT WILL PROVIDE

ANOTHER OPTION. >> IF YOU SPEAK, PLEASE COME UP

TO THE PODIUM. >> SORRY, JUST REAL QUICK, P&Z DID RECOMMEND APPROVAL. 5-1.

>> DO WE HAVE A MOTION? >> CAN I MAKE A STATEMENT.

IEWP REAI'M REALLY TORN HERE. LIKE THE MAYOR SAID, I'M UNDERSTANDING OF WHAT THE LANDOWNER HAS GONE THROUGH AND IT JUST FEELS LIKE WE ARE PUTTING A WHOLE LOT THERE IN THAT ONE SPOT. IT FEELS LIKE IT IS JUST BUILDING AFTER BUILDING AFTER BUILDING, SIX BUILDINGS.

THE TRAFFIC IMPACT OF THAT MUCH COMMERCIAL RETAIL TO ME IS GOING TO CAUSE A LOT OF ISSUES THERE. I'M JUST HAVING A HARD TIME WRAPPING MY BEHIND AROUND IT. I MIGHT BE STALLING, SUBCONSCIOUSLY STALLING. IT IS A LOT FOR ME TO GRASP

RIGHT NOW. >> ONE OF THOSE USES IS A DAY

CARE? >> DAY CARE/SCHOOL.

>> WHAT IS THE DIFFERENCE? >> BOBBY, IT IS A DAY CARE.

I THOUGHT IT WOULD GO UP OLDER, AFTER-SCHOOL PROGRAM.

>> STEM-BASED SCHOOL, ESSENTIALLY A D DAY CARE.

PRE-K TO -- I'M SORRY, FROM INFANT TO PRE-K.

PRE-K2 AND AN AFTER-SCHOOL PROGRAM FOR UP TO FOURTH GRADE.

>> EVERY SINGLE TIME A DAY CARE COMES UP, WE HAVE A LINE OF

[02:10:04]

>> I DON'T KNOW IF WE SPECIFICALLY ALERTED THAT THIS WAS GOING TO BE A DAY CARE. I THINK IF YOU LOOK ON THERE, IT SAYS OFFICE SCHOOL RETAIL. IT COULD BE ANY THREE OF THOSE.

I DON'T THINK WE SPECIFICALLY SAID IN THERE THAT IT WAS GOING

TO BE AN ACTUAL SCHOOL. >> YOU HAD EXIST B EXISTING DAYF PEOPLE IN THE DEEP ROOTS IN THE COMMUNITY WOULD BE MY ANSWER TO YOUR QUESTION. IT IS HARD, COUNCIL, BUT WE HAVE, AGAIN, MY POINT IS, YOU HAVE A SATURATED AREA THAT YOU ARE PUTTING COMMERCIAL RETAIL IN.

AND THIS WILL BE A FOREVER IMPACT.

I CAN'T GO INTO SOLUTIONS. I WISH WE COULD GO FIND THOSE THAT WORKS FOR ALL PARTIES. SO DO WE HAVE A MOTION OR I GUESS I WILL STEP UP AND MAKE ONE.

I WILL MAKE A MOTION THAT WE PASS AS PRESENTED BUT I WILL POINT OUT THAT WE REQUIRE FOUR VOTES TO PASS.

I WILL BE VOTING AGAINST MY RESOLUTION BUT I THINK IT IS CLEANER. IF IT IS 3-3, IT WILL BE DENIED.

>> MOTION TO APPROVE AS PRESENTED.

>> AS PRESENTED. I DON'T KNOW IF I WILL GET A

SECOND. >> I SECOND.

>> WE HAVE A SECOND. AGAIN, MOTION IS APPROVED AS

PRESENTED. >> CAN I ASK ONE QUESTION.

MAYBE I MISSED IT. DO I MAKE A MOTION TO APPROVE BUT THEN ALSO SAY YOU WOULD VOTE AGAINST YOUR OWN MOTION.

YOU HAVE TO HAVE A MOTION TO GET IT ON THE TABLE.

>> THIS IS CLEANER. >> AND IT IS -- YEAH.

WE ARE NOT DOING A NEGATIVE. SAME END RESULT BUT IT IS ALLOWED. IT IS ALLOWED TO GET SOMETHING

ON THE TABLE. >> PARLIAMENTARY, FROM A POINT OF MAKING MOTIONS, AS WE HAVE ALWAYS SAID, ALWAYS BET ARE TO O MAKE THE MOTION IN THE AFFIRMATIVE AND THEN VOTE AGAINST IT. OTHERWISE YOU PRESENT A NEGATIVE MOTION THEN YOU GET A DOUBLE NEGATIVE, IT GETS CONFUSING TO WHAT YOU HAVE VOTED ON. THAT'S THE REASON.

>> CAN I CLARIFY SOMETHING ABOUT THE MOTION.

BECAUSE THERE'S BEEN SOME DISCUSSION ABOUT THIS BACK ENTRANCE, IF YOU WILL, OUT ON TO NORCROSS DRIVE.

THAT BEING INCLUDED IN THE MOTION?

>> NOPE. THAT WASN'T PRESENTED THAT WAY.

>> NO, IT IS NOT --S IN THIS LANDSCAPE PLAN BUT NOT THE SITE PLAN. THE SITE PLAN DOES NOT HAVE IT.

>> LOOK AT EXHIBIT B. >> AS STAFF PRESENTED, IT WASN'T

IN THERE. >> SAME PICTURE.

>> IT IS NOT INCLUDED. >> A MOTION AND SECOND?

>> WE HAVE A MOTION AND SECOND. BUT WE HAVE CONTINUING DISCUSSION WHICH I BELIEVE IS ALLOWED.

>> CAN I ASK A QUESTION BEFORE YOU CALL THE VOTE.

IS THERE A WAY TO FORMULATE THIS THAT WOULD GIVE THE DEVELOPER AND LANDOWNER TO COME BACK AFTER THEY MAKE ADJUSTMENTS?

>> AS LONG AS IT IS STATED WITHOUT PREJUDICE.

>> LESS YOU HAVE SOME OTHER , UNLESS YOUHAVE OTHER CHANGES.

YOU CAN ALSO DEFER ACTION. BUT THOSE ARE THE VARIOUS

OPTIONS. >> ARE YOU MARRIED TO TWO DRIVE-THROUGHS? BECAUSE DRIVE-THROUGHS INCREASE TRAFFIC SIGNIFICANTLY. IF THE GOAL IS TO REDUCE TRAFFIC BUT ALLOW THE LANDOWNER TO SELL, DEVELOP IT OUT, FIND A MARRIAGE BETWEEN NEW RESIDENTS AND OLD RESIDENTS AND PROVIDE FOR COMMERCIAL DOLLARS TO THE CITY, LESSER IMPACT WITH ONE LESS DRIVE-THROUGH? IS THAT IN THE EQUATION?

>> WE NEED TO VOTE ON THE MOTION AT HAND, THEN WE CAN COME BACK AND MAKE ANOTHER MOTION IF YA'LL WISH.

HUD, DID YOU HAVE A POINT OR QUESTION?

>> NO. >> SO WE HAVE A MOTION AND SECOND. AND I BELIEVE THE DISCUSSION HAS

[02:15:04]

THE ITEM FAILS 2-4. I WILL AGREE THAT THIS WAS DONE WITHOUT PREJUDICE. IS THAT POSSIBLE, CAN I SAY THAT

NOW? >> I THINK YOU CAN -- I THINK WE CAN ASSUME I BELIEVE GIVEN THE DISCUSSION, I BELIEVE IT WAS

WITHOUT PREJUDICE. >> THE DISCUSSION WE HAD.

NEXT ITEM ON THE AGENDA HAS BEEN WITHDRAWN BY APPLICANT.

[2022-157]

A MARCOS. >> THANK YOU, MAYOR, SECTION 614 OF SUBDIVISION REGULATIONS DO ALLOW RESIDENTIAL ZONED LOTS TO ACCESS MAJOR ARTERIAL ROAD ONLY WITH THE APPROVAL OF CITY COUNCIL. THE SUBJECT TRACT, AS YOU SEE UP ON THE SCREEN IS JUST UNDER ONE ACRE IN SIZE, HAS NO CURRENT ACCESS TO 663. FM663 IS CLASSIFIED AS MAJOR ARTERIAL ROAD, A ROADWAY THAT WOULD REQUIRE 160 FEET OF RIGHT-OF-WAY. THE APPLICANT WORKED WITH TEXAS DOT TO GAIN APPROVAL AT THIS PARTICULAR LOCATION BUT STARTED WORK PRIORITY SUBMITTING PERMITS TO THE CITY.

THE APPLICANT HAS PROVIDED ALL THE CORRECT PERMITS TO THE CITY AT THIS TIME. STAFF IS RECOMMENDING APPROVAL OF THE PROPOSED REQUEST. STAFF DOES SUPPORT THE PROPOSED LOCATION OF THE PARTICULAR DRIVEWAY ALSO.

ON MARCH 15TH, COMMISSION DID VOTE UNANIMOUSLY FOR APPROVAL.

I WILL CONTINUE TO STAND FOR QUESTIONS.

>> MARCOS, HOW ARE YOU? >> GOOD.

>> GOOD, BIG DOG NOW. HEY, REAL QUICK, THE ONLY THING I HAVE TO SAY IS THE SAME THING I SAID MAYBE SIX MONTHS AGO, IT SEEMS KIND OF FOOLISH THAT WE AS CITY COUNCIL HAVE TO REVIEW AN INDIVIDUAL RESIDENTIAL LOT FOR A DRIVEWAY ACCESS ON TO THE ONLY ACCESSIBLE ROAD POSSIBLE. I BELIEVE AND I THINK CHRIS IS GOING TO GO BACK AND LOOK, THAT WE MAYBE DIRECTED STAFF TO LOOK INTO THAT, TO HANDLE IT ON A STAFF LEVEL.

DO YOU REMEMBER ANY OF THIS? IT WAS TRENTON THAT PRESENTED THE LAST CASE. ANYHOW, I DO WANT TO MAKE SURE THAT WE GET THAT ON RECORD TO LOOK INTO THAT.

IT IS SOMEWHAT FOOLISH BECAUSE IT IS NOT A DEVELOPMENT.

SOMEBODY JUST TRYING TO PUT A DRIVEWAY TO TURN ON TO THEIR L LOT. IT SEALS SEEMS LIKE A WASTE OF , EFFORT, ENERGY, AND MONEY. THANK YOU.

>> SO WALTER, MAKE A MOTION. >> WELL, I MAKE A MOTION TO

APPROVE AS PRESENTED. >> DO I HAVE A SECOND.

>> SECOND. >> PLEASE VOTE.

ITEM PASSES 6-0. ITEM 2022-158 CONSIDER AND ACT

[2022-158]

SEETON LANE AND FM 875. >> THANK YOU, MAYOR, THE APPLICANT IS REQUESTING TO ADD A NEW DRIVEWAY ON TO MCALPIN ROAD. OR THOROUGHFARE PLAN DOES CLASSIFY MINOR ARTERIAL. THE PROPOSED DRIVEWAY -- OR LET ME BACK UP HERE. 614, WE TALKED ABOUT EARLIER, NEED TO GO TO CITY COUNCIL TO GET THAT TYPE OF APPROVED FOR ANY TYPE OF ACCESS DIRECTLY ON TO A ROADWAY LIKE MCALPIN ROAD. 175 FEET SOUTH OF SEATON LANE. .

45 FEET OFFSET FROM THE OPPOSING DRIVEWAY.

APPLICANT HAS STATED THAT THE FUTURE HOME SITE WILL BE LOCATED ABOUT THE CENTER SOUTH SIDE OF THE LOT,S ASEE , AS YOU SEE ON E SCREEN. THE APPLICANT DOES PREFER THE DRIVEWAY BE LOCATED CENTER OF THE PROPERTY TO ASSURE THE MOST DIRECT ACCESS TO THE FUTURE GARAGE IS ATTAINABLE.

ON MARCH 15, COMMISSION DID UNANIMOUSLY APPROVE THE REQUEST BUT DID NOT REQUIRE THE APPLICANT'S DRIVEWAY TO ALIGN WITH THE OPPOSITE SIDE. STAFF STILL SUPPORTS THE REQUEST

[02:20:03]

QUESTIONS. >> I ECHO MY PREVIOUS COMMENTS AND I WOULD LIKE TO MAKE A MOTION.

I WOULD LIKE TO APPROVE AS REQUESTED WITHOUT THE STAFF RECOMMENDATION OF THE ALIGNMENT OF THE DRIVEWAYS.

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

>> MOTION TO APPROVE AS REQUESTED WITHOUT THE ALIGNMENT.

SECONDED, PLEASE VOTE. ITEM PASSES 6-0.

ITEM 2022-159 CONSIDER AND ACT ZWOE,UPON --

>> WOE, YOU SKIPPED ONE. >> MY APOLOGIES.

ALL RIGHT. ITEM 2022-159 CONSIDER AND ACT

[2022-159]

AN EFFECTIVE DATE. >> I JUST WANT TO REMIND EVERYBODY. WE WENT OUT A REVISED DRAFT.

YOU SHOULD HAVE IN IT FRONT OF YOU.

I WANT TO MAKE SURE WE ARE LOOKING AT THE CORRECT ONE WITH

THE WHEREAS STATEMENTS. >> MAYOR AND COUNCIL, AS YOU KNOW, WE HAVE QUITE A BIT OF BUZZ ABOUT THE SOLICITORS AT KROGER AND OTHER SHOPPING CENTERS, SUCH AS WALMART.

STAFF WERE DIRECTED TO WORK WITH THE CITY ATTORNEY, BRING FORTH AN ORDINANCE. THERE IS A LOT OF RESEARCH THAT WENT INTO THIS ORDINANCE. I DO BELIEVE YOU HAVE GOT ORDINANCE THAT WILL GIVE US OTHER OPTIONS TO DEAL WITH THOSE SIMILAR TO THE EVENT WHERE ONE OF OUR OFFICERS WAS KICKED AT THE GAS PUMPS AT THE KROGER AND WE ULTIMATELY MADE ARRESTS THERE. BUT THIS ORDINANCE WILL DEAL WITH THAT KIND OF AGGRESSIVE ENVIRONMENT SPECIFICALLY.

THERE ARE SOME FIRST AMENDMENT ISSUES THAT WILL BE NEEDED TO BE ADDRESSED. WHEN STAFF IS -- WHEN POLICE OFFICERS ARE CALLED TO A SCENE TO MAKE SURE WE DON'T IMPEDE UPON THOSE FIRST AMENDMENT RIGHTS.

HOWEVER, I DO BELIEVE THAT WE HAVE PROVIDED A WORKABLE ORDINANCE FOR US TO ADD TO OUR TOOLS.

I'M HERE TO ANSWER ANY QUES QUESTIONS.

>> I APPRECIATE YOUR DILIGENT WORK, CHIEF, IN GETTING THIS

DONE. >> SURE.

>> HOW DO YOU SEE THIS BEING USED BY YOUR OFFICERS? AS A TOOL ON THEIR BELT OR YOU ARE COMFORTABLE WITH THIS

ORDINANCE THE WAY IT IS WORDED? >> I AM WITH THE ORDINANCE.

THERE'S OTHER CONSIDERATIONS WE NEED TO LOOK AT.

, COUNCIL MEMBER. WHETHER SIGNAGE WILL SUFFICE FOR SOME OF THE IMMEDIACY OF REACTING TO A SOLICITOR ON PRIVATE PROPERTY, SUCH AS THE KROGER AREA.

IF THEY ARE IN A MEDIAN, THAT IS WELL ADDRESSED CASE LAW WE PRESENTED. IT WAS CLEAR THAT IF THEY ARE IN A PUBLIC RIGHT-OF-WAY OR MEDIAN, THAT THEY HAVE A RIGHT TO BE THERE. SO THERE ARE GOING TO BE CHALLENGES, ONGOING TRAINING TO MAKE SURE WE DON'T VIOLATE ANY FIRST AMENDMENT RIGHTS. BUT WE ALSO PROTECT THOSE THAT ARE AT OUR BANKS, GETTING GAS, LOCKED INTO AN AREA WHERE THEY CAN'T WALK OUT OF THAT TO SOME OF THE ISSUES YOU POINTED OUT.

WE DON'T WANT ANYBODY GETTING HURT.

AND AT THE SAME TIME, WE WANT TO MAKE SURE THAT WHEN OUR CITIZENS CALL, THEY REALIZE THAT THEIR COUNCIL AND OUR LEGAL STAFF HAVE GIVEN THIS EVERYTHING WE CAN USE TO BENEFIT THEIR ENVIRONMENT.

SO I THINK OUR STAFF IS LOOKING FORWARD TO IMPLEMENTING THIS AND DOING SOME TRAINING ON IT. WE ARE GOING TO DO SOME MAPPING TO IDENTIFY THE AREAS. AS PAROLE OFFICERS GO OUT, THEY I UNDERSTAND THIS IS A MEDIAN, THAT IS P PROTECTED.

THAT A SOLICITOR CAN BE THERE. WE WILL WORK WITH OWNERSHIP WITHIN RETAIL AND OTHER AREAS TO MAKE SURE THERE IS SIGNAGE, THAT WE CAN USE IT. IT IS PROMINENTLY PLACED.

SO WHEN AN OFFICER GOES UP, WE DON'T HAVE TO HAVE A

[02:25:03]

SO YOU WILL BE WORKING WITH OUR CODE ENFORCEMENT AS WELL AS PATROL OFFICERS, MAC S MAKE SURE GET IT OUT TO OUR ENTIRE

COMMUNITY. >> THANK YOU FOR YOUR

LEADERSHIP, CHIEF. >> YES.

>> MOTION. >> SECOND.

>> MOTION APPROVED. SECONDED.

PLEASE VOTE. ITEM PASSES 6-0. CHIEF, THANK YOU VERY MUCH.

I ECHO THE POLICY COMMENTS NOW, ITEM 2022-160 CONSIDER AND ACT

[2022-160]

>> GOOD EVENING, MAYOR AND COUNCIL.

THIS ITEM IS BEING BROUGHT TO YOU.

WE DON'T OFTEN BRING THE PLAN. THIS HAS BEEN OVER FOR GIS FOR EIGHT MONTHS AND WE HAVE ACTIVELY TRIED TO FILL IT.

WE ARE NOT BEEN ABLE TO TO THE LEVEL WE HAVE THAT POSITION.

WE HAVE GONE BACK AND LOOKED AT THIS POSITION AGAIN.

AND WE HAVE THIS POSITION SERVES A NUMBER OF THE DEPARTMENTS.

IT DOES A LOT OF GEOGRAPHICAL INFORMATION BUT IT ALSO IS SOMETHING THAT IS VERY CRITICAL IN OUR ADDRESSING AND THINGS THAT FLOW INTO DISPATCH. AND SO THIS, AS WE ARE GROWING AS A CITY, AND WE NEED UPGRADED SYSTEMS, I THINK THERE'S A NEED FOR MORE OF A LEADERSHIP IN THIS PARTICULAR POSITION.

AND I WILL GIVE YOU A SLIGHT PREVIEW OF THE STRATEGIC PLAN THAT WE PROBABLY WILL TRY TO ALSO ADD A SECOND POSITION IN GIS IN THE NEAR FUTURE BECAUSE OF THE VOLUME OF THE WORK.

RIGHT NOW, IT IS BEING HANDLED BY TWO DIFFERENT POSITIONS BUT NO ONE IS CONCENTRATING ON GIS SOLELY.

I THINK IT IS SOMETHING THAT NEEDS THAT.

AND I WOULD SAY AT THE MIDPOINT, THIS POSITION, INCLUDING BENEFITS, WOULD POSSIBLY BE ANOTHER 50 -- I'M SORRY, 34,000

INCREASE. >> I ONLY HAVE ONE QUESTION, IT IS A SIMPLE ONE. DO WE -- THIS IS PRESSING ENOUGH THAT WE WANT TO MAKE THIS ADJUSTMENT PRIORITY OUR

COMPENSATION STUDY COMPLETION? >> WELL, THAT IS A GOOD QUESTION AND, YES, WE RARELY DO THIS BUT THIS POSITION, I BELIEVE, THE WORK IS FALLING BEHIND. AND THAT IS ONE REASON THAT WE ARE GOING AHEAD AND BRINGING IT FORWARD.

THE COMPENSATION STUDY SHOULD BE COMING TO YOU THE SECOND MEETING IN MAY. BUT THIS IS A POSITION THAT WE JUST HAVE HAD NO RESPONSE TO. IT IS JUST -- IT IS GRADED SO LOW THAT ANYONE WITH THAT TYPE OF TECHNICAL CAPABILITIES IS JUST NOT INTERESTED AT THIS POINT.

>> DO WE HAVE A MOTION? >> MAKE A MOTION TO APPROVE.

>> SECOND. >> MOTION APPROVED. SECONDED. PLEASE VOTE. ITEM PASSES 6-0.

[2022-161]

>> GOOD EVENING, MAYOR AND COUNCIL.

I'M BEFORE YOU TONIGHT TO ASK FOR YOUR APPROVAL TO REPLACE ALL THE BAY DOORS AT THE TWO STATIONS LOCATED ON TOWER AND FM1387. WE WENT THROUGH A RFP PROCESS, TWO BIDS AND TOP NOTCH WAS THE LOWER BID AND THEY ARE ALSO THE SERVICE PROVIDER THAT WE CURRENTLY USE TO REPAIR AND MAINTAIN OUR DOORS. AGE AND RELIABILITY HAS BECOME A MAJOR FACTOR IN KEEPING THE DOORS OPERATING THE AN OUR TWO SUBSTATIONS. IT IS JUST TIME THAT WE REPLACE THOSE SO THAT WE CAN HAVE A MORE RELIABLE DOOR SO THAT WE CAN ACTUALLY LEAVE THE BUILDING WHEN WE NEED TO.

I WOULD BE HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

>> [INAUDIBLE]. >> TEN, FIVE AT EACH STATION.

THREE UP FRONT, TWO IN THE BACK. >> SIMPLE, EASY QUESTION.

[02:30:05]

>> THAT'S PART OF OUR RFP PROCESS.

>> WHERE DID THAT COME FROM? WHERE DID OUR RFT PROCESS COME

FROM? >> FROM OUR PURCHASING AGENT, CHERYL ALLISON, SHE WAS INVOLVED IN THE CREATION OF THE RFP.

WHAT WE DID, I GAVE HER A BASIC HE WILL EELEMENT OF WHAT WE NEE.

HIGH CYCLE SPRINGS. WE WERE LOOKING FOR A PARTICULAR BRAND ORIGINALLY, WHICH IS CLOQUET, WHICH IS THE DOORS ON THE BACK OF OUR CURRENT STATION ONE.

THOSE DOORS ARE IN HIGH DEMAND AND HAVE A LONG LEAD TIME.

THE TOP-NOTCH PROVIDER PROVIDED US WITH AN ALTERNATIVE DOOR WHICH IS A DALTON -- WAYNE DALTON DOOR.

WE DID SOME RESEARCH ON THAT AND WE BELIEVE THAT THAT DOOR IS COMPARABLE IN ITS ABILITY TO WITHSTAND THE RIGOR RIGORS OF WE PUT THEM THROUGH. THE RFP PROCESS IS DEVELOPED IN THE PURCHASING DEPARTMENT THROUGH CHERYL.

SHE ADVERTISES IT IN THE PAPER. >> SO JUST ONE LAST LITTLE QUESTION TO THAT, PART OF THE INSURANCE REQUIREMENTS FOR THE SERVICE PROVIDER, THAT COMES THROUGH PURCHASING AND THEY KIND OF DICTATE WHAT THOSE MINIMUM REQUIREMENTS ARE AND THEN ADD IT

TO THIS PACKAGE, YES? >> YES.

>> THAT'S ALL I NEEDED. THANK YOU.

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

>> MOTION APP ROVED. SECONDED.

PLEASE VOTE. >> THANK YOU.

>> ITEM PASSES 6-0. CHIEF, THANK YOU VERY MUCH.

DO WE HAVE A MOTION TO ADJOURN? THERE WILL BE NO EXECUTIVE SESSION TONIGHT AS OTHERWISE INDICATED.

DO WE HAVE A MOTION TO ADJOURN AND SECOND, ALL IN FAVOR, SAY AYE, ANY OPPOSED. WE STAND ADJOURNED AT

* This transcript was compiled from uncorrected Closed Captioning.